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BEFORE THE HEARING EXAMINER OF THE f
CITY OF RENTON
IN THE MATTER OF THE
ADMINISTRATIVE, INTERPRETATION OF
UNCLASSIFIED USE EVERGREEN APPEAL
TREATMENT SERVICES OPIOID
DEPENDENCE TREATMENT FACILITY
I. INTRODUCTION
Appellant Evergreen Treatment Services ("ETS") requests that the Hearing
Examiner reverse the City of Renton Department of Community and Economic
Development's (the "City") administrative code interpretation dated April 1, 2014 entitled
"Administrative hrterpretation of Unclassified Use Evergreen Treatment Services Opioid
Dependence Treatment Facility" (the "Interpretation") (attached as "Exhibit A")_
Contrary to the Interpretation, the facility proposed by ETS is a "medical office" use
permitted outright in the Commercial Arterial (CA) Zone. The City's Interpretation is
inconsistent with the Renton Municipal Code and the standard rules of legislative
interpretation. The City has intentionally disregarded the clear provisions of the Renton
Municipal Code and has issued its Interpretation in order to improperly impede this lawful
permitted use.
APPELLANT'S APPEAL- 1
tx
719 Second Avenue, suite 1150
Seattle, WA 99104
(206) 623-9372
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A. STATEMENT OF FACTS
ETS is a state and federally licensed provider that operates mcdication-assisted
outpatient treatment clinics for adults with opioid dependence. The medical sere ces
offered by ETS are the most effective and evidence -based approach to treating opiate
addiction. Opioid treatment programs significantly lower illicit opiate drug use, reduce
illness and health problems from drug use, reduce crime, and enhance social productivity.
At an ETS clinic, patients are examined, diagnosed, and treated by medical
professionals for the federally recogluzed medical disease of opioid dependence. The
medical services provided in an ETS clinic include health assessments, medical diagnoses,
establishment of medical treatment plans, case management, dispensing of medication,
counseling services, and ancillary treatment such as acupuncture.
On November 22, 2013, representatives of ETS and the land owner of the II7C
Medical Building, located at 1412 SW 43Tel Street, met with Chip Vincent, the
Administrator of the Department of Community and Economic Development, to discuss
ETS's proposal to establish a medication -assisted treatment clinic for patients with opioid
use disorders in the IDC Medical Building (the "Facility"). Mr. Vincent strongly
discouraged ETS from Iocating its proposed Facility anywhere in the City of Renton,
indicating that Renton had already allowed one such facility into the City and that the City
did not want any more located in Renton. Mr. Vincent suggested that ETS should find a
location in Kent or another South King County city.
After reviewing the Renton Municipal Code, determining that its proposal met the
definition of a "medical office" use and that medical office uses were permitted outright in
the CA zone where the IDC Medical Building was located, ETS decided that it would
proceed with establishing the Facility in that location. ETS signed a lease and began work
with its architect to submit a Tenant Improvement building permit to the City. In
APPELLANT' S APPEAL - 2
Feldfllafl.:P
719 Second Avenue, Suite 1150
Seattle, WA 98104
529E (206) 623 -93 72
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February 2014, EIS emaued the City to keep it updated of progress on the Facility. In
response, the City sent an email indicating that the City would require a Conditional Use
Permit ("CUP") and fall environmental review pursuant to SEPA before the Facility
would be able to obtain any permits or licenses.
On March 20, 2014, counsel for ETS sent an e-mail to the City explaining that a
CUP and SEPA determination were not necessary to move forward with granting a Tenant
Improvement permit for the Facility because the zoning of the area in which the IDC
Medical Building was located allowed medical offices as outright permitted uses. As the
Facility fit squarely within the definition of a medical office, as defined by the Code, a
CUP would not be necessary. Because a prior medical office use had occupied the space
proposed by ETS, the proposed Tenant Improvement permit was categorically exempt
under SEPA.
On March 31, 2014, the Mayor of Renton sent a letter to ETS stating that ETS
would need to apply for a CUP and wait for a response. Subsequently, the City issued the
formal Interpretation. The Interpretation asserts that the Facility is a chemical dependency
treatment facility, that chemical dependency treatment facilities are an unclassified use,
and that such a use is categorized as a "Healthcare Service" which would require a CUP to
locate in the IDC Medical Building.
ETS filed this appeal as provided wider RMC 4-8-110.
RI. ARGUMENT
A. The Facility Does Not Require a CUP by a Hearing Examiner.
The IDC Medical Building is located within the CA zoning district of the City of
Renton. The Renton Municipal Code lists "medical and dental offices" as an outright
permitted use in the CA zoning district. RMC 4-2-060. A medical and dental office is
defined as "[a]ny office used by physicians, dentists, and/or other medical professionals to
APPELLANT'S APPEAL - 3
faItftTtcitl
719 Second Avenue, Suite 1150
Seattle, WA 98104
(206) 623-9372
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examine, diagnose, and at patients, and to administer day-to-day accessory office
functions rlat ng to the medical or dental practice." RMC 4-11-150. A medical/dental
office does not require a CUP to be able to move forward with development.
1. The Facility is a Medicai Office, an Outright Permitted Use in the CA
"Zoning District.
The Facility is amedication-assisted outpatient treatment clinic for patients with
opioid use disorders. The process for accepting, diagnosing, and treating patients, as
described in more detail below, demonstrates that this use fits squarely within the
definition of a medical/dental office.
Every new potential patient to be seen at the clinic is first evaluated by a licensed
Chemical Dependency Professional. Upon completion of this examination, the patient
meets with a medical provider who diagnoses the patient to confirm the disease of opiate
use disorder and to assess other medical concomitant conditions. Subsequently, the
patient is provided methadone or another medication as treatment for their condition.
Throughout the duration of this medical treatment, the patient is assigned a
medical provider and a Chemical Dependency Professional certified counselor. The
medical provider monitors the administered treatment to ensure it is appropriate and safe,
and coordinates with any other medical care givers that the patient may have. All of the
treatment is provided on an outpatient only basis. The patient is required to attend at least
weekly counseling sessions at the Facility. Both professionals monitor progress of the
treatment and modify the treatment plan as necessary. Patients may be discharged if they
successfully complete a treatment plan, move to another clinic or area, fail to observe the
treatment protocols, violate the Patient Code of Conduct, or fail to pay their bill.
The Facility operates essentially in the same way in which a medical office is run.
A medical professional conducts preliminary assessments to determine the patient's
Van Ness
APPELLANT'S APPEAL-4
Feldman
719 Second Avenue, Suite 1150
Seattle, WA 98104
s29M (206) 623-.9372
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diagnosis, prescribes a particular treatment, monitors that treatment to ensure the patient's
safety and progress, and offers ongoing and related care. If and when treatment has been
completed, and the patient no longer needs medical services, the patient may be
discharged.
The Facility fits within the definition of a medical office and should be permitted
as an outright permitted use.
2. Even if Unclassified, the Facility is Most Similar to a "Medical and
. Dental Offices" Use, Not a "Healthcare Services" Use.
In the alternative, even if the Hearing Examiner finds that the Facility does not fit
within the defuution of the outright permitted use of a medical/dental office, and finds that
the Facility is an unclassified use, the Facility is most similar to a medical office, not a
"Healthcare Service" and, as such, should be permitted ouiriglit.
T1ie Code provides that uses that are not within a list of permitted, conditionally
permitted, or accessory uses, but similar to a listed use, are "unclassified uses." RMC 4-2-
050.A. The Development Services Division Director may make an administrative
interpretation to determine whether the proposed use that is not specifically listed is
allowed in a specific zoning district. To allow an unclassified proposed use, the Director
must determine that the use is "i. In keeping with the purpose and intent of the zone, and
consistent with the Renton Comprehensive Plan policies; and ii. Similar in nature to, and
no more intense than, a specifically listed permitted, conditional or accessory use..."
RMC 4-2-050.C.6.
Without
any justification, the Interpretation concludes that the Facility should be
categorized on the Zoning Use Table as a "Healthcare Service" and that it would require a
CUP to locate in the CA Zone. The facts do not support this decision.
APrELANT°s arP�Ar - s RNess
r
Feldman...
719 Second Avenue, Suite 1150
Seattle, WA 98104
5z95 (206) 623-9372
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The Interpretation fails to provide any analysis on why the Facilityis not similar to
a "medical and dental offices" use. There are numerous types of medical office uses that
have been permitted outright by the City as "medical and dental offices" uses that are
similar to the proposed Facility. Likewise, there are several errors in the City issuing an
Interpretation that decides that the Facility is similar to a "Healthcare Service."
i. The Ciiy's Comparison to "Healthcare Service" is Unsupported
by the Cited Factors.
The factors cited in the Interpretafion likening the proposed Facility to a
"Healthcare Service" have little relevance. The origin of the clientele has no relevance to
the categorization of the use. Similarly, the need or desire for a transit line nearby has
nothing to do with the use proposed inside the IDC Medical Building. Likewise, the
desire by a tenant or building owner to provide security or to locate a clinic entrance on
the first floor do not address the use proposed inside the building or why the Facility is
similar to a "Healthcare Service."
ii. "Healthcare Services" is a Category, Not a Use.
Additionally, there is no zoning "use" in the Renton Municipal Code called
"Healthcare Services." The Zoning Use Table referred by the City Iists a variety of
specific uses that are combined into different labeled categories. These categories are
provided solely for the convenience of the reader. The categories themselves are not uses.
"Medical and dental offices," for example, is a specific type of land use that has
been grouped into a category called "Office and Conference." There is no `hxse" in the
city called an "Office and Conference." Other specific uses listed within the "Office and
Conference" category include conference centers and veterinary offices/clinics.
"Healthcare Services" is one of the convenient categories presented in the Zoning
Use Table. However, there is no use specified in the Renton Municipal Code called
Van Ness
APPELLANT'S APPEAL-6
Feldman
719 Second Aveatte, Suite 1150
Seattle, WA 98104
suers (206) 623-9372
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"Healthcare Services." There are no specific zones in which a "Healthcare Services" use
is permitted, permitted by conditional use, or prohibited. Instead, the uses listed under the
category "Healthcare Services" are the uses that the City should have examined. The
determination by the City that the Facility is a "Healthcare Service" and is required to get
a CUP is entirely unsupported by the Renton Municipal Code.
iii. Neither of the Uses in the "Healthcare Service" Category are
Similar to the Facility.
Even if the City intended to state, in its Interpretation, that it had decided that the
Facility was similar to the two uses sgecified under "Healthcare Services," that
Interpretation would also be erroneous. The two uses listed under the "Healthcare
Services" category are medical institutions and convalescent centers. The Facility is
clearly neither a convalescent center nor a medical institution.
The Code defines a "convalescent center" as:
A facility licensed by the State for patients who are recovering health and
strength aver illness or injury, or receiving long-term care for chronic
conditions, disabilities, or terminal illnesses. Facilities provide twenty-
four (24) hour supervised nursing care and feature extended treatment that
is administered by a skilled nursing staff. Typically, residents do not live
in individual units and the facilities provide personal care, room, board,
laundry service, and organized activities. This definition does not include
adult family homes, assisted living, group homes H, medical institutions,
and/or secure community transition facilities.
RMC 4-I 1-030. The Facility provides outpatient medical services. It does not provide
long-term 24 hour care by a skilled nursing staff.
"Medical institutions" are defined by the Code as:
Facilities providing physical or mental health services, in -patient
accommodations, and medical or surgical Gaze of the sick or injured.
Medical institutions are allowed one helipad as an accessory use, if
functionally and architecturally integrated into the primary use, regardless
of the treatment of helipads in the underlying zoning. This definition
Van Kas
APPELLANT'S APPEAL - 7 Feldman' -
LIP
719 Second Avenue, Suite 1150
Seattle, {VA 98104
Rues (206) 623-9372
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includes hospitals, clinics, hospices, holistic health centers, and nursing
homes as defined in Group I-2 of the IFC. This definition excludes
medical and dental offices, convalescent centers, assisted living, and group
homes I and II.
RMC 4-11-130. By definition, medical institut ons provide " n-patient
accommodations." Again, tho Facility provides only out -patient medical services
and is clearly excluded from the definition of medical institution.
Notably, the definition of "medical institution" specifically excludes
"med cal and dental offices" which, as noted above, are defined as a facility "Used
by physicians, dentists, and/or other medical professionals to examine, diagnose,
and treat patients..." RMC 4-11-150. Reading the definition of "medical
institution" and the exclusion of "medical and dental offices" should have led the
City to conclude that the Facility fit squarely within the "medical and dental
offices" definition or, in the alternative, is unclassified, but most similar to a
"medical and dental office" use. Either way, the City had no basis to conclude
that the Facility was similar to a "medical institution."
IV. CONCLUSION
Based on the foregoing and the evidence to be presented at hearing, Appellant
requests that the Hearing Examiner reverse the City's Interpretation and find that the
Facility is a permitted use in the CA zoning district and that no CLIP is required_
APPELLANT'5 APPEAL - 8
Fel�#man U
719 Second Avenue, Suite 1150
Seattle, WA 98104
(206) 623-9372
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DATED this 11 s day of April.
APPELLANT' S APPEAL - 9
sMBS
Attorney for Appellant
Van Ness Feldman, LLP
719 Second Avenue, Suite 1150
Seattle, WA 98108
T: 206-623-9372
F: 206-623-4986
E: brc@vnfcom
719 Second Avenue, Suite 1150
Seattle, WA 98104
(206) 623-93 ]2
t..O,.ity oi �Kento
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IF Mayor � ,., €IF I
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1.Aprill,:2(i14.. Department of Community and EconomicDeJelopment
IF
C.E..'ChVV'incent. Administrator
Brent Carson -I IF IF
V'anNess Fefdman; LLP
IF 719 Second AIve,`Suite, 115o -
IF IF
IF Seattle. WA ;98104-1728 1.
IF
IF IF IF VIA email: 'br,c vnf.com'.
IF
IF IF IF
IF IF IF
IF
SUBfECTt Administrative Interpretation of Unclassified Use IF I IV
Evergreen Treatment Services Opiaid Dependence Treatment Facility
IF
Dear. Mr. Carson:..:
IF I
Th is l etter responds to you r, etn ail of M arch 20m regarding Evergree n,Treatm er t Services.
(ETS)• proposal to occupyspace within'an existing medical office building located. at 1412.
SW43'dStreetinRentonanyouremaif,,yourequestthattheCityimmediately'
13 IF IF
cooperate to'process a tenant improveinent,petmit for:Evergreen TreafmbhtServices IF
and::cease anyfiurtherdemandsthat Ef5 seek'a Conditional Use Permit or undergo SEPA
IF
environmental review. Your requeststates that the exisfing building is a medical office
i'builI.ding;:that.ETSqualifiesasamo'dical..office,and-shouldbe;permittedwithoutfurther '. IF
"-
FF
review.
IF
We respectfully disagree with this perspectiue.and or) in€on. The Citylras metand
corresponded with Molly Carney, Executive Director of EfS since, eariyOctober 2013,
and -has consistently stated that chemical dependency treatment facilities are an.
unclassified use that would require certain land. use.permits.a cl SEPAXeview.before-the
use could be allowed in the CommerciaiArterial:(CA) Zone. The CA Zone does not
specifically permitorprohibitchemical-deperidencyfaclities. Theirefore,ihe`chemical.
IF I
dependency use is determined to be "Unclassified".
RMC4-2.-D5oA'definesan'Unclassified'-Use as- :A use which does not appear in.6 fist oIF 1.f ;F.
IF I permitted conditionally permitted, or accessory uses, but which is interpreted by fhe
Development Services Division Director assimi/ar to a listed permitted, cor drtiona7fyIF IF I I
I IF
IF permitted or accessory use, and not otherwise prohibited, pursuant to RMC4-2-05OC6%,-
Unclassified Uses. I' IF IF
RMC4-2-050C5Unclassified Uses states: "U on in ur b an.p bcant, an p 9 ri Y _ PP
administrative interpretation shall be made by the Development Services.Vivisio r
Director to determine if a proposed use not specifically listed -is allowed utilizing the
I IFRenton City Hall ,•F11055 South Grady Way. Renton Washington 98057 rentonwa:gov I
Brent Carson, .
April 17 2014
IF
criteria In subsection C6a of this Section. Should interpretation be made that a proposed
unlisted use not be'allawed in a specific zoning' district the Director shall indicate which '
zones; if any, do permit the use. If.the DeveloprimentServices Division Director's .
interpretation indicates'that on unlisted use is not:cansstent with the peemitted
conditional or accessoy uses -ingny distract, or if a party does not concur with the permit
type applied to Buse, appeal"may bemade<pursuant to RMC4 8-110. _Interpretations
made'by the Development Services Division Oirectorshallbe'documented and updatesI IF -
to Title:4, when consistentwith the title forat andlevel of detail, sholl.mcorporate
unclassified pse'.interptetations upon Approval by thi? legislative authority.
a. Criteria.for Unclassified Uses: In order to make>a,deterin!nation that an
unclassified use is Permitted, conditionolly permitted or accessory, the.
IF p f. .
Deveto YrrentServices Division Director must +rid that the use ,is;
ICE i. In,keeping.with the purpose and inten'tof,the zone, and consistent with the
IF Renton Comprehensive Plan policies; and ...
F r IF IF
IF IF IF I
Fr
IF I IF I Ill. Similar in nature to; and no more intense'than, a specifically fisted.
permitted,. conditional oraccessory'use; and
im Consistent with subsection C4 of this Section; if determined to be. '
permrssibl'e as, on accessory useIF
IF Analysis: Per Criterion 't above,.the CA Zone is intended to evolve from I.strip
"commercial' linear business,districts to business areas charaicerized by enhanced site
IF
planning and pedestrian orientation. The CA Zone provides:for a wide variety of retail:
III I safes, services,'I IFand other commercial activities along high -volume traffic cort'idorI I
I I:Fr Other healthcare services.`are permitted in the.CA Zone, subject to either an'
administrative or Hearing Examiner conditiona[ use permit..
The dt�s Comprehensive Plan land use policies do not specifically address chemical'.,
dependency uses, but does contain Human Services policies that provide for
rehabilitation and'suppoit services such as drug `and alcohol'treatment:
Per Criterion ii" above, a proposed onclassrfied use may be similar'rn nature to other _
healthcare servicIF I IF I
e uses and:some_social service organizations, ormay-be more
intensive. The -City understands that the EiS chemical dependefi4 facility would serve IF
clients from the south King County.area; With approxiMately 200 clients per.day.,
betweert-the time the clinic opens and noon. In addition this facility would require a
certain level of security; a:firstfloor entrance, and would need to be located near a.bus IF
I IF line.or transit. This use should be reviewed to consider. conditions specific to ifs` -
operation in a given location. .
VAN
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Operating
CITY OF
RENTON
Check Date: 04/10/14 Check No.: 514900
NVOiCE NO.
NVOICE DATE
AMOUNT PAID
DESCRIPTION
VOUCHER NO.
dergreen
04/10/14
250.00
Filing fee for Appeal to an Administrative Interpretation
of Unclassified Use for Evergreen Treatmen Services
141051
TOTAL $25041
zY CITY OF RENTON Receipt N 2108
U� f, City Clerk Division
+� + 1055 South Grady Way
Renton, WA 98057 ( t')
42543M510 Date _
❑ Cash } /�
Check No.
Description:
❑ Copy Fee ❑Notary Service
❑ Appeal Fee ❑
Funds Received From:
11
Name 7 (2 f
Address '�� s}}f
City/Zip.k
Amount $ � ��
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