2018/02/07 Council Agenda Packet

MEMORANDUM TO: Planning Commission FROM: Allan Giffen, Planning Director DATE: March 29,2016 SUBJECT: Staff request to initiate consideration of an amendment to the zoning code regulations for"opiate substitution treatment facilities" Request: Staff asks that the Planning Commission initiate consideration of amendments to the City's existing zoning regulations for"opiate substitution treatment facilities." Code Authority: EMC Section 19.41.170. E provides that amendments to the Zoning Code may only be initiated by the Mayor,City Council,or Planning Commission. Background Information: The Zoning Code includes regulations pertaining to"opiate substitution treatment facilities."These regulations were enacted in 2003 when a provider proposed locating a facility in the city. The current regulations are as follows: Definition: "Opiate substitution treatment facility"means an organization that administers or dispenses an approved drug as specified in 212 CFR Part 291 for treatment of detoxification of opiate substitution.The agency is: 1. Approved by the Federal Food and Drug Administration; 2. Registered with the Federal Drug Enforcement Administration; 3. Registered with the State Board of Pharmacy; 4. Licensed by the county in which it operates; and 5. Certified as an opiate substitution treatment agency by the State Department of Social and Health Services. Regulation:The zoning code lists opiate substitution treatment facilities as a permitted use in the C-1(General Commercial)and E-1(Evergreen Way)zones,subject to the following special regulation: (56) Permitted only in the C-1 zone areas located south of SR-526,and in the two existing hospital facilities currently located in Everett or hospital facilities,as defined in this title,that may be established in the future.Only one opiate substitution treatment facility may be established in the city under this provision as a permitted use using Review Process I. In order for any subsequent