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HomeMy WebLinkAboutItem 02 Review and Discuss Final Reportand Recommendations from the Development Advisory Committee AGENDA ITEM SUMMARY Meeting Date: 2/13/2017 Meeting Type: Work Session Staff Contact/Dept.: Jim Donovan / DPW Staff Phone No: 541-726-3660 Estimated Time: 45 minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Provide Financially Responsible and Innovative Government Services ITEM TITLE: REVIEW AND DISCUSS FINAL REPORT AND RECOMMENDATIONS FROM THE DEVELOPMENT ADVISORY COMMITTEE ACTION REQUESTED: Joint Work Session with the Development Advisory Committee (DAC) to review and discuss the committee’s final report and recommendations. ISSUE STATEMENT: The DAC has completed committee work on the priorities set by City Council to improve efficiencies and make Springfield more competitive in the economic development market. The DAC has prepared recommendations for City Council consideration on Council’s top three priorities: (1) Site Review Applicability (2) Project advocacy and communication (3) SDC Context. ATTACHMENTS: 1 – Council Briefing Memo 2 - DAC Final Report to City Council 3 – DAC Advocacy Tracking Table 4 – PC/CC Adopted Mission and Priorities In 2012 members of the Developer Input Process Joint Work Team completed work on a limited set of development code amendments and requested that the City Manager and City Council consider a broader review of Springfield’s development procedures and fees. The City Council authorized creation of the Development Advisory Committee’s public improvement procedures, operating guidelines and mission statement in 2014. The attached final report from the Development Advisory Committee documents the DAC’s work products and highlights the following key recommendations Council consideration:  The City Council should direct staff to expand the MDS Major application process  The City Council should direct staff to develop a plan for a major code revision/update to include an objective ministerial process for proposed projects as detailed in this report.  The City Council should adopt the attached Advocacy/Communication Matrix as a status report on the City development process and should direct staff to develop a long range plan to monitor progress and implement new processes as described in this report.  The City Council should direct staff to review the use of SDC fees to provide incentives for some developments and annually review the impacts of the annual CIP on the SDC fees.  The City Council should direct staff to evaluate options to reduce City costs through the use of technology and other methods. Those savings should be reflected in the City’s revised fee schedule. A Council Briefing Memo from staff on current efforts to implement these recommendations is also attached. M E M O R A N D U M City of Springfield Date: 2/2/2017 To: Gino Grimaldi COUNCIL From: Anette Spickard, DPW Director Jim Donovan, Planning Supervisor BRIEFING Subject: Development Advisory Committee Report MEMORANDUM ISSUE: The DAC has completed committee work on the priorities set by City Council to improve efficiencies and make Springfield more competitive in the economic development market. The DAC has prepared recommendations for City Council consideration on the top three priorities set by City Council which were: (1) Site Review Applicability (2) Project advocacy and communication (3) SDC Context (System Development Charges). This memo is submitted as background and a current status report to assist Council consideration of the DAC’s recommendations. COUNCIL GOALS/ MANDATE: Provide Financially Responsible and Innovative Government Services BACKGROUND: In 2012 members of the Developer Input Process Joint Work Team completed work on a limited set of development code amendments and requested that the City Manager and City Council consider a broader review of Springfield’s development procedures and fees. In response to these concerns the City Council authorized creation of the Development Advisory Committee. In 2014 the City Council and Planning Commission approved the new ad hoc committee’s public improvement procedures, operating guidelines, and mission statement. Council worked with the DAC to identify the following top priorities for the committee’s work: (1) Site Review Applicability (2) Project advocacy and communication (3) SDC Context (System Development Charges). As part of the DAC’s work on the priorities set by City Council, below is a final status report on each of the Committee’s top 3 priorities: Staff summary of DAC priority items:  Site Review Applicability (Ministerial Site Plan) – As a result of the February 8, 2016 work session, the DAC finished its work on the expansion of the current Minimum Development Standards as a ministerial site review procedure. Staff received approval of the proposed Springfield Development Code amendments from the Springfield Planning Commission, Oregon Department of Land Conservation and Development (DLCD), and the expanded standards were adopted by City Council, which became effective on December 21, 2016.  Project Advocacy & Communication - The DAC’s review of project advocacy improvements was extensive and has been recorded in tabular and narrative form. The Committee identified issues and opportunities for examination with staff to target possible process improvements or additional resources that may be required to implement the recommendations for improvement. During this review the Committee has noted numerous communication and advocacy improvements already in practice in DPW as a result of the Committee and staff’s work. The staff has worked with the Committee in preparing the final version of the advocacy table which identifies 25 items with individual statuses, action to be taken, resources, and priority. Attachment 2 of this AIS Attachment 1 Page 1 of 2 MEMORANDUM 2/9/2017 Page 2 packet. The results of that tabular data are summarized below:  “A” Priority / No Action Items: These items were determined to be the highest priority and of the sixteen, fifteen were noted as items already in practice. The conclusion of the Committee was to continue these practices and continue to emphasize these practices with existing and new staff. The one item of the sixteen that was placed as an “A” priority and is not already in practice is electronic plan review, which staff is currently evaluating and testing software.  “B” Priority / Action Needed: These items were determined to be a medium priority and were 6 of the twenty five total items identified. These items were noted as practices or process improvements to be evaluated and would require dedication of medium to high staff time for implementation.  “C” Priority / Action Needed: These items were determined to be a lower priority and were 3 of the twenty five total items identified. These items were noted as policy related items, which require more staff time and are typically longer range goals for implementation in city wide initiatives such as a code update project.  SDC Context – During the course of the DAC’s work, methodologies for transportation SDC’s were updated and adopted by City Council. This process involved a separate advisory committee, which included the vice chair of the DAC. The DAC reviewed the standard timelines and public involvement procedures for utility, building, planning and other fees affecting the development process. Recommendations on future fee projects have been included in the final DAC report to City Council which is included in Council’s packet as Attachment 1. RECOMMENDED ACTION: Staff supports the Committee’s recommendations forwarded for consideration and inclusion in development review policy, procedures and customer service updates. DPW staff will continue to implement customer service improvements and work with Council to find the appropriate time and process for implementation of code and policy recommendations. Staff will provide follow up reports for Council and future DAC Committees as directed. Attachment 1 Page 2 of 2 Report to Springfield City Council Development Advisory Committee – October 2016 Executive Summary In 2012 members of the development community in Springfield raised concerns to the City Manager regarding the development processes within the City. In response to these concerns and at the recommendation of the City Manager, the City Council created the ad hoc Development Advisory Committee. The Committee identified the following issues to be addressed: 1.Site Review Applicability – The City of Springfield requires Site Plan Review for projects but does not provide an option for a ministerial review under which a larger or more complex development proposal would objectively meet all Code criteria – thus providing for certainty of consent as well as reduced cost and time. 2.Project Communication and Advocacy – While developers understand the need for staff to remain objective regarding all proposed projects, at times internal staff conflicts arise which delay project application reviews and approvals. 3.System Development Charges – The Committee understands the SDC process and methodology for development of fees however had suggestions regarding use of the charges to encourage specific project types and locations. 4.Fees – The Committee had suggestions on options which might be implemented to improve overall efficiencies in the City processes and developer costs. The Development Advisory Committee has met on a regular basis for four years to discuss issues and develop recommendations for consideration by the City Council. The Committee has developed twelve recommendations overall. The following summarizes these recommendations. The City Council should direct staff to expand the MDS Major application process The City Council should direct staff to develop a plan for a major code revision/update to include an objective ministerial process for proposed projects as detailed in this report The City Council should adopt the attached Advocacy/Communication Matrix as a status report on the City development process and should direct staff to develop a long range plan to monitor progress and implement new processes as described in this report. The City Council should direct staff to review the use of SDC fees to provide incentives for some developments and annually review the impacts of the annual CIP on the SDC fees. The City Council should direct staff to evaluate options to reduce City costs through the use of technology and other methods. Those savings should be reflected in the City’s revised fee schedule. Attachment 2 Page 1 of 8 Background In 2012, members of the development community in Springfield raised concerns to the City Manager regarding the development process. The concerns focused on the length of time required for the development process, uncertainty regarding the decision process and the cost of development. In response to these concerns and at the recommendation of the City Manager, the City Council created the ad hoc Development Advisory Committee in July 2012. Their directive to the Development Advisory Committee was to: 1.Review the customer service process and requirements of land use and economic development in the City of Springfield to be competitive in attracting development; 2.Provide the Planning Commission and City Council with recommendations on improving this process and outcome consistent with the Council goal of promoting and enhancing our hometown feel while focusing on livability and environmental quality; 3.Provide a robust forum and venue for citizen participation in this process. The tasks completed during the first few months included a thorough discussion of the Committee members’ concerns, development of a process for the Committee work and a ranking of the issues to be addressed. The Committee members determined that the issues ranked as follows: 1.Site Review Applicability – Initial discussions of this topic included a variety of potential options to the current process. Proposals included a range of options from eliminating Site Plan Review if the zoning already allows the use to requiring site plan review in only a few cases. 2.Project Advocacy and Communication – Committee members agreed that the manner and level of communication between staff and the public had improved in recent months however there were some suggestions for further improvement. In addition, while the members understood that the staff had to remain objective regarding proposed projects, at times during the development process internal conflicts sometimes arise between City departments. The Committee therefore suggested that a method for addressing these internal conflicts be created. 3.System Development Charges – The Committee members posed questions about use of SDC funds – not specifically about the methodology. The questions regarding uses included o Incentives – whether SDC rates and revenues should be used to encourage development in specific neighborhoods, on specific types of properties or for specific enhancements to public infrastructure o Equity – whether SDC revenue should be allocated specifically for projects proximate to where they are generated o Credits – whether the City might explore options for developers to sell or buy SDC credits. Attachment 2 Page 2 of 8 o Capital Improvement Plan - Committee members also asked whether the Capital Improvement Plan (CIP) should be reviewed to identify projects as “needed” (e.g. new streets) or “desirable” (e.g. increasing the density of street trees). 4.Fees – Committee members indicated interest in reviewing how to use fee revenues to improve efficiencies while reducing costs. Examples from the Committee included: o Adjust the technical fee based on electronic submittal vs hard copy submittal o Reduce fees for digitally signed plans o Tracking staff time for work on projects to allow for well-prepared submittals to have a reduced charge 5.Planning Application Fees – The Committee members had specific concerns regarding the planning application fees. The questions in this category were related to item #4 above. 6.Incentivizing the Development of Brownfields and Redevelopment – The Committee had suggestions regarding the ways in which the City might encourage the development of brownfields as well as encourage new and innovative enhancements to public infrastructure. Many of the ideas are consistent with items #3, #4 and #5 above. These priority topics were presented to the City Council in Spring 2013. Based on this discussion, the Development Advisory Committee began their work. Since that time the Committee has met on a regular basis – at times meeting twice a month. Our discussions are represented in the following Findings and Recommendations. Findings and Recommendations 1.Site Review Applicability The Committee discussed this issue at length. The concern by Committee members was that every project developed within Springfield must undergo a form of site plan review while in the experience of Committee members, in the nearest neighboring jurisdiction many proposed developments are allowed to move forward without a site review. Committee members believed that this difference places Springfield at a disadvantage and therefore determined to explore how the City of Springfield might develop a ministerial process for Site Review. Under the ministerial process, a potential developer would need to present a project which objectively meets all Code criteria. Meeting these criteria would result in approval of the project by staff without a public notification process. Findings: o Very minor projects currently may need only a very simple Counter Determination or a Land Use Compatibility Statement while Minor additions or changes to an existing development (less than 5000 square feet) may be allowed Attachment 2 Page 3 of 8 to submit under the MDS minor review, and larger (less than 25,000 square feet) may submit under MDS major review. Other proposed projects including, “change of use”, must submit under the standard Site Plan Review process. o Under the current Site Plan Review process, the City staff can work with the applicant to develop alternate methods to address Code requirements; public notice is required as part of the Site Plan Review process o Under a proposed ministerial process, staff would not have the flexibility to develop alternate methods to meet Code requirements and public notice would not be required because the proposed project would be in clear compliance with all Code criteria o While the ministerial process can be described as being based on clear, objective standards, the development of standards to meet this clear and objective standard is difficult. o According to the City Attorney, regardless of the type of process used (ministerial or discretionary) a project could still potentially be subject to an appeal from opponents of the development Given these Findings, the Committee elected to proceed with the task of reviewing the Code and developing proposed modifications which would meet the “clear and objective” standard. Over several months the Committee drafted proposed Code language which was focused on eliminating any subjectivity. During the course of this work it became clear that there were several code sections which required technical expertise to draft. These code sections included transportation, storm water, sanitary sewer and fire and life safety standards. City staff recommended that to include these standards in a ministerial review would require department staff to develop new Code language. In addition, all Code sections would need to be reviewed by the City Attorney in order to verify that the new sections were objective in order to meet the ministerial standard. At this point, staff encouraged the Committee to explore the option of expanding the MDS Major category of site review in lieu of creating a new option of complete ministerial review. Staff suggested that expanding the MDS major to 50,000 square feet might be a process that could be implemented more quickly and would likely be less susceptible to challenge by opponents. Staff further suggested that MDS Major applications were reviewed by the City in an average of 4.7 weeks during the period of January 2012 to mid-September 2014, while Site Plan Review applications were reviewed by the City in 5.1 weeks in the period ending November 2014. While members of the Committee appreciated the timeline for City review, some members of the Committee indicated that the concerns expressed at the beginning of the process were not addressed by Staff’s proposal. Cost, time and certainty are all issues which caused concerns for developers. While the review by City staff may Attachment 2 Page 4 of 8 happen quickly, this timeline does not take into account the time and cost associated with the preparation of applications. Moreover the issue of certainty cannot be overlooked. For example, a developer may want to purchase or lease a site for development. Before finalizing the purchase or lease, the developer needs to know that the type of development proposed can be accommodated on the site. This goes to the issue of certainty. If it takes 6 – 8 weeks to develop applications and then 5 weeks for City review, the developer must wait 11- 13 weeks to be certain that the development proposal can proceed. Conversely, if a potential developer understands that under a ministerial process, he/she can proceed with certainty under a straightforward process that strictly follows Code requirements and allows no discretion by the City, then the developer can understand his/her options before paying for development of applications. A new ministerial process would thus reduce the cost and time required for preparation of simplified applications in addition to the time required for City review. Additionally, the ministerial process would offer a high level of certainty that is not typically the case in the existing Site Plan Review process. Expanding the MDS Major process would not seem to address the current disadvantage which exists when developers compare cost, time and certainty for development in Springfield. In February 2016 the City Council received information on the creation of the new ministerial standard and the expansion of the MDS Major application process. At that time, the Council directed the staff to proceed with the expansion of MDS Major and to consider a future option for the development of a ministerial process. o An expansion of MDS Major will likely increase the number of projects which can be reviewed in a more expedited process. o A ministerial process will likely improve the time, cost and certainty issues (while meeting Code development standards) for developers who are considering Springfield among other locations for development. Such a process will increase Springfield’s competitiveness for development. o The expansion of the MDS Major option to include projects up to 50,000 square feet likely can be implemented quickly. o The development of a ministerial process will require a more significant Code review and Code modifications. Recommendations o It is recommended that the City Council provide direction to staff to complete tasks necessary to expand the MDS Major application process to include projects up to 50,000 square feet. Staff should develop a timeline for completion of this work. The timeline should include a report to Council in one year to describe the Attachment 2 Page 5 of 8 implementation process together with information on the type and number of projects which have utilized the process. o It is recommended that the City Council consider implementation of a major code revision/update process which can address the development of a ministerial process as well as other Code updates. o With the work of the ad hoc Development Advisory Committee nearing completion, it is recommended that the City Council appoint a new ad hoc group. The new group would function as a visioning group to work with staff on the Code revision/update process and be given the following tasks: Work with staff to develop a vision for the new process Meet with staff on a quarterly basis as they draft Code language which addresses the vision Focus on the concerns of time, certainty and cost as related by the development community 2.Project Communication and Advocacy Committee members agreed that the manner and level of communication with staff has improved in recent months. The Committee emphasized that these improved processes must continue and that a monitoring process should be established to demonstrate this. It is important to note that the Committee also provided suggestions for further improvement. While acknowledging the improvements, the Committee also developed a broad list of issues which came from experiences of members and colleagues. The list of items was reviewed in detail during a series of meetings and staff provided information on the manner in which some issues are already being addressed as well as the potential for making further changes. The Committee has developed a matrix of all items and grouped them in the following categories: A. Items which are being addressed as an ongoing practice B. Items which will require minor action by staff and a change in practice C. Items which will require a medium to high level of staff time and may require policy and/or code actions D. Items which were suggested but which cannot be accomplished due to legal restraints Findings o Items in Category A were identified by the development community at initial meetings in 2012 and City staff have addressed many of these o Items in Category B are items which can be addressed with a limited amount of staff work Attachment 2 Page 6 of 8 o Items in Category C require a high level of staff work but would improve the development process and increase Springfield’s competitiveness Recommendations o It is recommended that the City Council accept the Advocacy/Communication Matrix as a status report on the City development process. o It is recommended that the City Council direct staff to establish a process to monitor the ongoing practice of these items. o It is recommended that the City Council direct staff to include Category B items as priority tasks and to develop performance indicators to monitor effectiveness of implemented changes. o It is recommended that the City Council direct staff to review the Category C items and to develop a strategic plan which incorporates these items into a long range plan. 3.System Development Charges/Incentives for Brownfield Developments The Committee discussed the use of System Development Funds for City projects. Findings o The rates for System Development Charges are reviewed on a regular basis. o The methodology used to develop rates is completed using a public process o The projects used in the SDC methodology are included in the City’s Capital Improvement Projects lists Recommendations o It is recommended that the City Council direct staff to consider how SDC revenues might be targeted to encourage developments in specific neighborhoods or for specific types of projects o It is recommended that the City Council consider the use of SDC exemptions as an incentive for the development of brownfield sites. o It is recommended that the City Council encourage new and innovative enhancements to public infrastructure. o It is recommended that the City Council include a summary SDC impact review each year at the time the CIP is reviewed. The summary would include information regarding how much of the total SDC fund is allocated to each project in the CIP- allowing a more specific understanding of how each project affects the available SDC funds. Attachment 2 Page 7 of 8 4.Fees/Planning Application Fees The Committee discussed suggestions regarding how fees might be adjusted to improve overall efficiencies. For example, members suggested that planning applications as well as building plans could be submitted online to reduce cost and time. In addition, members suggested that applications which are complete when submitted could be charged a lower fee than those applications which require multiple submittals. Findings o Periodically the City completes a review of fees to evaluate how the Planning and Public Works fee schedules reflect City costs. Staff is currently planning to commence this process to review fees. o Currently proposed developments are charged the same fee for applications without regard to the application complexity or number of revisions/reviews required. Recommendations o It is recommended that the City Council direct staff to review options for fee revisions. For example, in lieu of a standard fee for all applications, the City could charge on an hourly basis for the review of applications. o It is recommended that the members of Development Advisory Committee be included in the Fee Review Project. Attachment 2 Page 8 of 8 A No Action/ongoing practice B Action Needed (will require some staff time and/or a change in practice) C Action Needed (will require medium to high staff time and possible policy/code changes) Item Number & Status Advocacy Item Action to be Taken Action Resources Estimated Timeframe Priority 1 Electronic review system accessible by all reviewers and public Blue Beam electronic plan review currently being tested Process Improvement New Software/Upgrades N/A A 2 During review provide general guidance for how to adjust per staff comments but don't provide suggested design N/A existing practice N/A N/A A 3 Keep comments restricted to code items and include code references N/A existing practice N/A N/A A 4 Counter staff is someone with experience N/A existing practice Re-filled POD and Senior Planner positions N/A A 5 Continuous staff assignments starting at DIM N/A existing practice Re-filled POD and Senior Planner positions N/A A Status/Priortiy Key DEVELOPMENT ADVISORY COMMITTEE ADVOCACY ITEMS Attachment 3 Page 1 of 5 Item Number & Status Advocacy Item Action to be Taken Action Resources Estimated Timeframe Priority 6 Applicant/public able to submit written questions to weekly staff meetings Applicants can currently call or email assigned project staff with questions, which are either answered at time of request or reviewed with staff supervisor during one of two weekly meetings and response is then communicated to applicant existing practice N/A N/A A 7 Planner empowered to resolve conflicts between city departments/applicant and act as single voice for the city N/A existing practice which was implemented during department re-organization N/A N/A A 8 Documentation of counter meetings Staff currently maintains a log of all counter questions associated with each property existing practice N/A N/A A 9 Applicant can request written response or teleconference for Pre-Submittal Meeting Already in progress / need to add this option to application existing practice N/A N/A A Attachment 3 Page 2 of 5 Item Number & Status Advocacy Item Action to be Taken Action Resources Estimated Timeframe Priority 10 Send Draft Conditions Of Approval, Staff Reports, and Conditions to applicant for feedback N/A existing practice N/A N/A A 11 Expedited review with higher fee N/A existing practice N/A N/A A 12 Find all review comments on first round (PIP & Building Permits) Already in Progress / reminder to continue this practice (Asperational) existing practice N/A N/A A 13 Understand give and take between what would be ideal for the city and what is really needed Already in Progress / reminder to continue this practice during staff meetings (possibly memo to staff or poster) existing practice N/A N/A A 14 Notify applicants whose projects are about to expire already in progress / reminder to continue process existing practice N/A N/A A 15 Call applicant if it appears that portion of bldg permit application missing Already in Practice (checklists are available on- line and at the front counter) existing practice N/A N/A A Attachment 3 Page 3 of 5 Item Number & Status Advocacy Item Action to be Taken Action Resources Estimated Timeframe Priority 16 Salem uses Bldg Code "use" instead of Planning code "use" to trigger Site Plan Review - please don't do this Already in practice / not a process the City uses N/A N/A N/A A 17 Notification of Code Amendments Quality Code (qcode) maintains the city's Development and Municiple Code, while there is CodeAlert and Ordinance List links - is there an email alert process or list for notifications? Process Improvement staff time B 18 User friendly on-line copies of existing and past applications. Place documents in order as there are presented in the application. Should be a structured format and searchable already in progress/Offer Development Community Training? (need to make search tools more accesable and look at linking documents) Practice/Process Improvement Staff Time / IT / software?B 19 Open DIMs to more than 5 questions Change to the Application (note time restraints for meeting and have applicant priortize questions or change to 5 areas) Process Improvement staff time B Attachment 3 Page 4 of 5 Item Number & Status Advocacy Item Action to be Taken Action Resources Estimated Timeframe Priority 20 Salem only needs 2 sheets for planning application instead of multiple ongoing streamlining process (look at Salem's application) Process Improvement Staff time B 21 Streamline annexation process look at streamlining process (meetings and paperwork) Process Improvement Medium Staff Time B 22 Building Board of Appeals status 2.550- 2.574 BBA is in the SMC and needs to be evaluated by council Process Improvement medium to high staff time B 23 Review policies and procedures of current PIP insurance requirements DAC made motion and motion was approved for Staff to look at process with legal and executive team to see if 3 party contract could be eliminated or modified to improve review times. (remove consulting engineer from contract) Policy Medium to High Staff Time (currently under discussion) C 24 Check code for conflicts/lack of clarity with a long range goal of re-examing the code structure Staff keeps running list of code conflicts, continue to track items and update codes. Policy Medium to High Staff Time (city wide initiative or select code process and procedures) C 25 PIP requirement, deffered until needed, utilize proportionate share Staff to research, Look into a phased PIP approach, check into control strips and late comers agreements/payment tracking. policy medium to high staff time (legal and code)C Attachment 3 Page 5 of 5 Attachment 4 Page 1 of 1