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DECEMBER 5,2017 <br /> Continuation of a public hearing to consider amendments to the zoning code regarding the siting of <br /> opiate substitution treatment facilities.The zoning code currently allows only one such facility in the C-1 <br /> or E-1 zone located south of SR-526, and in hospital facilities within the city.The amendments being <br /> considered would allow for one additional opiate substitution treatment facility, not located in a <br /> hospital. The potential locations where such a facility would be allowed are a) (staff proposal) in the <br /> BMU (Broadway Mixed Use) zone located north of 24th Street; or b) (Planning Commission addition) in <br /> the B-3 (Central Business District) zone except on retail streets as designated on Map No. 22-2 of the <br /> zoning code.The November 7, 2017 Planning Commission public hearing has been continued to <br /> December 5, 2017,to allow legal research related to case law pertaining to zoning for opiate <br /> substitution treatment facilities, as it affects disabled persons under the Americans with Disabilities Act <br /> (ADA). <br /> MEETING MINUTES <br /> Allan Giffen, Planning Director, presented background information; a summary on the legal department <br /> review; public written comments,testimony and concerns; State information regarding siting of opiate <br /> treatment facilities; options for Planning Commission consideration; and the staff recommendation as <br /> outlined in the resolution. <br /> Commission Discussion <br /> Commissioner Lark asked about the process outlined in the RCW regarding community engagement. <br /> Mr. Giffen stated that he was not familiar with the process; however, in his discussions with the <br /> Department of Social and Health Services(DSHS) any proposed opiate substitution treatment facility <br /> would have to follow this process for approval. He added that information regarding that RCW was <br /> included as background materials in the Commission packet. <br /> Commissioner Lark asked if Mr. Giffen was aware of other municipalities who adopted ordinances <br /> similar to the option to restrict clinics from retail streets. Mr. Giffen responded Marysville considers <br /> opiate substitution treatment facilities as medical clinics; however, those types of facilities require a <br /> greater separation from certain types of land uses. <br /> Commissioner Yanasak asked Mr. Giffen if he knew of other cities in the area that have made the effort <br /> to comply with the Americans with Disabilities Act(ADA). Mr. Giffen responded that he wasn't familiar <br /> with what other cities have done relative to ADA compliance. The City's conversations regarding the <br /> facility have been with Snohomish County,Tulalip, and Marysville because of the need cited for the <br /> facility in the North Everett/Marysville/Tulalip area. <br /> Citizen Comments <br /> Clay Wertheimer, 1011 Grand Avenue, Imagine Children's Museum,was concerned about the possible <br /> location of an opiate treatment facility in the Everett Central Business District (CBD). He stated that over <br /> the last several years,they have had more people sleeping in front of their entrances, more individuals <br /> accosting and threatening their clients,and have had more cases of their employees being afraid to walk <br /> out to their cars at night. If the City allows an opiate treatment facility to locate in downtown,they are <br /> afraid that presence will increase. He stated that their fear wasn't based on unfounded knowledge but <br /> ------------- — ------ — ------- <br /> 16 <br />