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AN ORDINANCE relating to zoning; revising the definition for community residential facility, establishing a new land use definition for secure community transition facilities and specifying where these facilities can locate in King County; making technical corrections; amending Ordinance 10870, Section 84, and K.C.C. 21A.06.220, Ordinance 10870, Section 337, as amended, and K.C.C. 21A.08.100 and Ordinance 10870, Section 625, as amended, and K.C.C. 21A.44.040 and adding a new section to K.C.C. chapter 21A.06.
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PREAMBLE
In accordance with RCW 36.70A.200 and chapter 71.09 RCW, King County must have in place a process and regulations that do not preclude the siting of a secure community transition facility or be at risk for preemption of regulations and policies by the state of Washington Department of Social and Health Services, effective October 1, 2002. King County finds that a secure community transition facility would be best located in a remote location.
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Ordinance 10870, Section 84, and K.C.C. 21A.06.220 are each hereby amended to read as follows:
Community residential facility ("CRF"). Community residential facility ("CRF"): living quarters meeting applicable federal and state standards that function as a single housekeeping unit and provide supportive services, including but not limited to counseling, rehabilitation and medical supervision, excluding drug and alcohol detoxification, which is classified in K.C.C. 21A.08.050 as health services, and excluding a secure community transition facility as defined in R.C.W. 71.09.020 and in this chapter. CRFs are further classified as follows:
A. CRF-I -- Nine to ten residents and staff;
B. CRF-II -- Eleven or more residents and staff.
If staffed by nonresident staff, each twenty-four staff hours per day equals one full-time residing staff member for purposes of subclassifying CRFs.
NEW SECTION. SECTION 2. There is hereby added to K.C.C. 21A.06 a new section to read as follows:
Secure community transition facility (“SCTF”). Secure community transition facility (SCTF): A facility for persons civilly committed and conditionally released to a less restrictive alternative in accordance with chpater 71.09 RCW. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services.
SECTION 3. Ordinance 10870, Section 337, as amended, and K.C.C. 21A.08.100 are each hereby amended to read as follows:
A. Regional land uses.
K E Y |
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RESOURCE |
RESIDENTIAL |
COMMERCIAL/INDUSTRIAL |
P-Permitted Use |
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A |
F |
M |
R |
U |
R |
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U |
R |
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N |
B |
C |
B |
R |
B |
O |
I |
C-Conditional Use |
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G |
O |
I |
U |
R |
E |
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R |
E |
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E |
U |
O |
U |
E |
U |
F |
N |
clbrdrb S-Special Use |
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Z |
R |
R |
N |
R |
B |
S |
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B |
S |
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I |
S |
M |
S |
G |
S |
F |
D |
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O |
I |
E |
E |
A |
A |
E |
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A |
I |
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G |
I |
M |
I |
I |
I |
I |
U |
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N |
C |
S |
R |
L |
N |
R |
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N |
D |
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H |
N |
U |
N |
O |
N |
C |
S |
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E |
U |
T |
A |
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V |
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E |
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B |
E |
N |
E |
N |
E |
E |
T |
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L |
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L |
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E |
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N |
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O |
S |
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A |
S |
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T |
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clbrdrr |
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Y |
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D |
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SIC# |
SPECIFIC LAND USE |
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A |
F |
M |
RA |
UR |
R1-8 |
R12-48 |
NB |
CB |
RB |
O |
I(15) |
* |
Jail |
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S |
S |
S |
S |
S |
S |
S |
* |
Jail Farm/Camp |
S |
S |
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S |
S |
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* |
Work Release Facility |
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S19 |
S19 |
S |
S |
S |
S |
S |
S |
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* |
Public Agency Animal Control Facility |
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S |
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S |
S |
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S |
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P |
* |
Public Agency Training Facility |
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S |
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S3 |
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S3 |
S3 |
S3 |
C4 |
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* |
Hydroelectric Generation Facility |
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C14 S |
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C14 S |
C14 S |
C14 S |
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* |
Non-hydroelectric Generation Facility |
C12 S |
C12 S |
C12 S |
C12 S |
C12 S |
C12 S |
C12 S |
C12 S |
C12 S |
C12 S |
C12 S |
P12 S |
* |
Communication Facility (17) |
C6c S |
P |
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C6c S |
C6c S |
C6c S |
C6c S |
C6c S |
P |
P |
P |
P |
* |
Earth Station |
P6b C |
P |
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C6a S |
C6a S |
C6a S |
C6a S |
P6b C |
P |
P |
P |
P |
13 |
Oil and Gas Extraction |
S |
C |
P |
S |
S |
S |
S |
S |
S |
S |
S |
C |
* |
Energy Resource Recovery Facility |
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S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
* |
Soil Recycling Facility |
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S |
S |
S |
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C |
* |
Landfill |
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S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
* |
Transfer Station |
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S |
S |
S |
S |
S |
S |
S |
S |
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P |
* |
Wastewater Treatment Facility |
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S |
S |
S |
S |
S |
S |
S |
S |
C |
* |
Municipal Water Production |
S |
P13 S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
S |
* |
Airport/Heliport |
S7 |
S7 |
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S |
S |
S |
S |
S |
S |
S |
S |
S |
* |
Transit Bus Base |
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S |
S |
S |
S |
S |
S |
P |
* |
School Bus Base |
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C5 S20 |
C5 S |
C5 S |
C5 S |
S |
S |
S |
S |
P |
7948 |
Racetrack |
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S8 |
S8 |
S8 |
S8 |
S8 |
S8 |
S8 |
S8 |
S |
* |
Fairground |
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S |
S |
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S |
8422 |
Zoo/Wildlife Exhibit (2) |
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S9 |
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S9 |
S |
S |
S |
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S |
S |
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7941 |
Stadium/Arena |
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S |
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S |
8221-8222 |
College/University (1) |
P10 |
P10 |
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P10 C11 S18 |
P10 C11 S18 |
P10 C11 S |
P10 C11 S |
P10 C11 S |
P |
P |
P |
P |
* |
Zoo animal breeding facility |
P16 |
P16 |
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P16 |
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* |
Secure Community Transition Facility |
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C21 |
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GENERAL CROSS REFERENCES: Land Use Table Instructions, see K.C.C. 21A.08.020 and 21A.02.070; Development Standards, see K.C.C. 21A.12 through 21A.30; General Provisions, see K.C.C. 21A.32 through 21A.38; Application and Review Procedures, see K.C.C. 21A.40 through 21A.44; (*)Definition of this specific land use, see K.C.C. 21A.06. |
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B. Development conditions.
1. Except technical institutions. See vocational schools on general services land use table, K.C.C. 21A.08.050.
2. Except arboretum. See K.C.C. 21A.08.040, recreation/cultural land use table.
3. Except weapons armories and outdoor shooting ranges.
4. Except outdoor shooting range.
5. Only in conjunction with an existing or proposed school.
6.a. Limited to no more than three satellite dish antennae.
b. Limited to one satellite dish antenna.
c. Limited to tower consolidations.
7. Limited to landing field for aircraft involved in forestry or agricultural practices or for emergency landing sites.
8. Except racing of motorized vehicles.
9. Limited to wildlife exhibit.
10. Only as a reuse of a public school facility subject to K.C.C. chapter 21A.32.
11. Only as a reuse of a surplus nonresidential facility subject to K.C.C. chapter 21A.32.
12. Limited to cogeneration facilities for on-site use only.
13. Excluding impoundment of water using a dam.
14. Limited to facilities that comply with the following:
a. Any new diversion structure shall not:
(1) exceed a height of eight feet as measured from the streambed; or
(2) impound more than three surface acres of water at the normal maximum surface level;
b. There shall be no active storage;
c. The maximum water surface area at any existing dam or diversion shall not be increased;
d. An exceedance flow of no greater than fifty percent in mainstream reach shall be maintained;
e. Any transmission line shall be limited to a:
(1) right-of-way of five miles or less; and
(2) capacity of two hundred thirty KV or less;
f. Any new, permanent access road shall be limited to five miles or less; and
g. The facility shall only be located above any portion of the stream used by anadromous fish.
15. For I-zoned sites located outside the urban growth area designated by the King County Comprehensive Plan, uses shown as a conditional or special use in K.C.C. 21A.08.100A, except for waste water treatment facilities, shall be prohibited. All other uses, including waste water treatment facilities, shall be subject to the provisions for rural industrial uses in K.C.C. chapter 21A.12.
16. The operator of such a facility shall provide verification to the department of natural resources and parks or its successor organization that the facility meets or exceeds the standards of the Animal and Plant Health Inspection Service of the United States Department of Agriculture and the accreditation guidelines of the American Zoo and Aquarium Association.
17. The following provisions of the table apply only to major communication facilities minor communication facilities shall be reviewed in accordance with the processes and standard outlined in K.C.C. chapter 21A.26.
18. Only for facilities related to resource-based research.
19. Limited to work release facilities associated with natural resource-based activities.
20. Limited to projects which do not require or result in an expansion of sewer service outside the urban growth area, unless a finding is made that no cost-effective alternative technologies are feasible, in which case a tightline sewer sized only to meet the needs of the school bus base and serving only the school bus base may be used. Renovation, expansion, modernization or reconstruction of a school bus base is permitted but shall not require or result in an expansion of sewer service outside the urban growth area, unless a finding is made that no cost-effective alternative technologies are feasible, in which case a tightline sewer sized only to meet the needs of the school bus base.
21. Limited to sites that comply with the following:
a . do not require or result in an expansion of sewer service outside the urban growth area.
b. abut or access a public street functioning as an arterial as determined by the King County Department of Transportation.
c. contiguous to a site developed for use by a public agency.
d. comply with all state regulations regarding the siting of a secure community transition facility as specified in chapter 71.09 RCW.
SECTION 4. Ordinance 10870, Section 625, as amended, and K.C.C. 21A.44.040 are each hereby amended to read as follows:
Conditional use permit.
A. A conditional use permit shall be granted by the county, only if the applicant demonstrates that:
((A.)) 1. The conditional use is designed in a manner which is compatible with the character and appearance of an existing, or proposed development in the vicinity of the subject property;
((B.)) 2. The location, size and height of buildings, structures, walls and fences, and screening vegetation for the conditional use shall not hinder neighborhood circulation or discourage the permitted development or use of neighboring properties;
((C.)) 3. The conditional use is designed in a manner that is compatible with the physical characteristics of the subject property;
((D.)) 4. Requested modifications to standards are limited to those which will mitigate impacts in a manner equal to or greater than the standards of this title;
((E.)) 5. The conditional use is not in conflict with the health and safety of the community;
((F.)) 6. The conditional use is such that pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the neighborhood; and
((G.)) 7. The conditional use will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding area or conditions can be established to mitigate adverse impacts on such facilities.
B. For siting secure community transition facilities, as defined in chapter 21A.06, a conditional use permit shall be granted by the county only if the applicant also demonstrates that:
1. The facility meets the definition of secure community transition facilities;
2. The secure community transition facilities and the operator of the secure community transition facilities have received all necessary permits or approvals from the state of Washington Department of Social and Health Services; and
3. The state of Washington Department of Social and Health Services has reviewed the proposed location of the secure community transition facilities with office of the King County sheriff.
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