DIR2002-00003 DATE: 7/17/2002
CODE SECTIONS: 18.130.020 P
• _ Use Classification: Medical Center versus Medical Office
INTERPRETATION: This letter is in response to your request for an interpretation of the development code as it
relates to the classification of "Medical Center" versus "Medical Office." Your proposal is
to redevelop an existing single family residence in the R -4.5 zone for psycho - social
rehabilitation on an outpatient and crisis basis. You note that mental health is not
specifically addressed in the code, but must be included as a medical service to the sick
and infirm. The City agrees with this point.
Therefore, the issue is not whether your proposal is considered a "medical" use, but rather
whether the use, as envisioned, would constitute a medical center or an office use with a
medical emphasis.
Medical Centers are defined among the list of Civic Use Types, including other uses such
as Utilities, Parks, Schools, Day Care, Libraries, Post Offices, Churches, Police and Fire
Stations, and Fraternal Clubs. Section 18.130.020(B)(7) describes Medical Centers as:
Facilities providing inpatient, outpatient and emergency and related ancillary services to
the sick and infirm. Usually developed in campus setting. Accessory uses may include
diagnostic and treatment facilities, laboratories, surgical suites, kitchen /food service
facilities; laundry, housekeeping and maintenance facilities; administrative offices and
parking. Medical centers may also include free - standing offices for hospital -based and /or
private - practice physicians and other allied health care professionals; these medical office
buildings are regulated as Offices.
This definition is intended to describe a conventional hospital such as Legacy Emanuel,
OHSU, Good Samaritan, Kaiser, or Providence hospitals.
Medical clinics are listed in Section 18.130.020(C)(6) under the general heading of Office
in the list of commercial use types:
Government, business and professional offices. Examples include local, regional, state
and federal offices and agencies; medical, dental and veterinary clinics and laboratories;
blood collection centers; offices for attorneys, architects, accountants, engineers,
stockbrokers, real estate agents, mortgage bankers, insurance brokers and other
consultants; headquarters offices; sales offices; and radio and television studios. Also
includes painting, landscaping, building and janitorial contractors where the indoor storage
of materials and equipment are incidental to the office use. If this storage exceeds 50% of
occupied space, such uses are classified as Industrial Services (see 18.130.020 D.1)
Offices that are part of and are located within a firm in another use category are
considered accessory to the firm's primary activity.
It is vital that the development code be applied equitably to land use related issues. You
note in your letter that a notable comparison to your proposed use is Tualatin Valley
Centers. Staff has reviewed the case file related to the expansion of the Tualatin valley
Center. The center was reviewed through a Site Development Review process as a
Medical Office. In that particular case, the applicant had requested that their use be
considered as "non medical" office. Staff disagreed with that assertion because, as you
point out, mental health includes medical service to the sick or infirm.
Staff reviewed several other Mental Health clinics, and found that they largely occur within
MUE (Mixed Use Employment), C -P (professional Commercial), and C -G (General
Commercial) zones. In these zones, the medical office use is outright permitted. Medical
Centers, on the other hand, are only allowed as conditional uses in those zones where
•
they are authorized. The city has consistently permitted medical clinics as medical
offices. To now consider such type of service as a Medical Center will mean that these
uses would have required conditional use approvals, and that future modifications or
expansions of these businesses would necessitate a conditional use permit.
It should also be noted that the Luke -Dorf center located at 10313 SW 69th Avenue was
considered a Group Living Facility, allowed conditionally in the R -4.5 zone. The Luke -Dorf
location at 12900 SW Pacific Highway was permitted as a Medical Office.
4111 It is based on these factors that the City concludes that your proposed use is more
appropriately classified as "Medical Office" and not a "Medical Center ".
•