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MEMORANDUM <br /> TO: Planning Commission... <br /> Allan Giffen PlanningD <br /> FROM: . irector <br /> DATE: November 28,2017 ..:;'.:...-.-.:::..:.... ::.:...:�.....:.:.. :::.: :::': :':�':. <br /> ..:. :......:.: ..:...:.:.:::.... <br /> SUBJECT: Code Amendment Related to Related to:Opiate.$iibisttutionTreatment.Facilities: OSI:N' <br /> Public HearingContinued. The Noveriiber:7 2,917,-:Planning ding Convmission:public.hearinghas.`,_ ; <br /> ...:........:.�...:.::...:,. ::.::.:....;��:. . .:,... ...:. .:.. ::... .. ..,, . .:.:.,.:..-- <br /> been continued to December 5,20.17.:The hearing was;;eontuiued <br /> research related to case law pertaining to zoning.for methadone cl in cs as: taffects disabled <br /> persons under the Americans with Disabilities:Act(ADA);;.:: <br /> Legal Department Review The City Attorney's office has::reviewed:recent case law . <br /> concerning municipal zoning regulations for OS'IF:.:Based.upon;.that review,te Legal <br /> Department concludes that our land*q regulations::canriotireat.a:clinic.ihat.provides services to <br /> disabled individuals more restrictively than a clinic that provides services to non-disabled <br /> persons. See attached memo from the Legal Department. Recovering drug and alcohol abusers <br /> are considered disabled individuals under the ADA. <br /> The City's previous recommendations on the subject code amendment were based on State law, <br /> which allows cities and counties to treat an OSTF more restrictively than a standard medical <br /> clinic, However,the federal courts have ruled that local jurisdictions may not enact zoning . <br /> regulations that appear on their face to deny or limit access to services needed by disabled <br /> persons. • <br /> Therefore, in order to comply with current federal case law,the City's zoning code regulations <br /> must be amended to remove the distinction between a medical clinic and an OS I'II'. In order to <br /> accomplish this,the previous recommendations staff had made to limit the potential locations for <br /> an OSTF,must be withdrawn. Staff did withdraw those recommendations at the November 7, <br /> 2017 public hearing to allow for additional time for legal research. <br /> Options for Planning Commission Consideration: The Planning Commission has received <br /> considerable testimony,both verbal and written, expressing concern or opposition to locating an <br /> opiate substitution treatment facility in downtown Everett. If,based on comments and <br /> testimony,the Planning Commission concludes that the zoning code should restrict medical <br /> clinics in the B-3 zone,the following options could be considered: <br /> 1. Prohibit clinics in the B-3 zone(Central Business District—see map 1,below) <br /> 2, Prohibit clinics on the ground floor on designated retail street in the B-3 zone(see map 2, <br /> below) <br /> Staff Report - Page 1 <br />