Medical, Health, and Correctional Services <br />Hospital, Clinic, or other Medical Health <br />Treatment Facility (including Mental Health) <br />10,000 square feet or less of floor area <br />Nursing Home <br />Residential Treatment Center <br />C Subject to an approved conditional use <br />permit or an approved final planned unit <br />development. <br />P Permitted, subject to zone verification <br />C Subject to an approved conditional <br />use permit or an approved final planned <br />unit development. <br />The permitted uses in the "Mixed Use Area" never included, nor were intended to include, a "Drug <br />Treatment Clinic - Non-residential" use. <br />The City also explicitly implemented the Metro Plan statement for "Mixed Use" that "This category <br />represents areas where more than one use might be appropriate, usually as determined by refinement <br />plans on a local level." (Underlining added.) <br />9.3205 S-DW Downtown Westside Special Area Zone Sitinx Requirements. In addition to the <br />approval criteria at EC 9.8855 Zone Change Approval Criteria the site must be planned for a special <br />mix of uses in the Westside Neighborhood Plan. (Emphasis added.) <br />The Westside Neighborhood Plan makes the intent of the "Mixed Use" area even clearer: <br />2. EASTERN RESIDENTIAL/MIXED USE AREA <br />Policies <br />2. The City shall continue to recognize that the MU Mixed Use District was initially applied to <br />properties zone C-2 Community Commercial in order to foster concentration of commercial uses <br />within the downtown area and to encourage medium-density residential uses in the Westside. <br />(Emphasis added.) <br />This comprehensive policy is proscriptive - "The City shall recognize and it directs the City to <br />encourage residential uses in the "Mixed Use District" - not drug treatment clinics! <br />Thus, the "Mixed Use" overlay on the area within the Westside Neighborhood Plan, which includes the <br />subject site, does not in any way support permitting the "Drug Treatment Center - Non-residential" use. <br />In contrast, the City's implementation of the "Mixed Use" area explicitly excluded "Drug Treatment <br />Center- Non-residential" from permitted uses, and even required a Conditional Use Permit for other <br />types of "Clinic" uses and limited such uses to 10,0001 square feet. <br />Any reliance by the City on the "Mixed Use Areas" overlay to justify the "Drug Treatment Center - Non- <br />residential" use will almost certainly be rejected by the impartial LUBA board members. <br />Subm'tted n January 1, 2020 by: <br />Paul T. Conte <br />1461 W. 101h Ave. <br />Eugene, DR 97402 <br />