2018/02/14 Council Agenda Packet

EVERETT CITY COUNCIL AGENDA ITEM COVER SHEET PROJECT TITLE: �, n An Ordinance Amending the Briefing COUNCIL BILL# QiV lgO' -01 Zoning Code(EMC Title 19, Proposed Action Originating Department Planning as amended)Definition of Consent Contact Person Allan Giffen Clinic, and Repealing Sections Action Phone Number (425)257-8725 2, 4 and 5 of Ordinance No. First Reading FOR AGENDA OF February 7,2018 2708-03 Second Reading Third Reading Public Hearing Initialed by: Department Head CAA Council President Location Preceding Action Attachments Department(s)Approval City-wide Planning Commission Ordinance Planning,Legal recommendation 12/5/17 Amount Budgeted -0- Expenditure Required -0- Account Number(s): Budget Remaining -0- Additional Required -0- DETAILED SUMMARY STATEMENT: At the request of Therapeutic Health Services (THS),the City agreed to initiate consideration of a code amendment for the zoning code regulations for opiate substitution treatment facilities. The current code, adopted in 2003, allows only one such facility in the City, and there is already one established in south Everett. During the course of review by the Planning Commission,the Legal Department reviewed federal case law pertaining to this specific use and the Americans with Disabilities Act, and the Rehabilitation Act. The conclusion of the Legal Department is that the City's land use codes may not regulate an opiate substitution treatment facility different than any other medical clinic. The attached ordinance amends the zoning code definition of"clinic"and the off-street parking requirements to remove references to "opiate substitution treatment facilities," and repeals the restrictions on opiate substitution treatment facilities established by Ordinance No. 2708-03. RECOMMENDATION(Exact action requested of Council): Adopt Ordinance Amending the Zoning Code (EMC Title 19, as amended)Definition of"Clinic," and Repealing Sections 2,4 and 5 of Ordinance No. 2708-03. 15