HomeMy WebLinkAbout03/12/2007 Council Operating Procedures for Initiating Citizen-Based Land Use Requests
AGENDA ITEM SUMMARY Meeting Date: March 12,2007
Meeting Type: Work Session
Department: Development Services
Staff Contact: Greg Mott~17ol'"
S P R I N G FIE L D Staff Phone No: 726-3774 ~.
C I T Y C 0 UN C I L Estimated Time: 20 Minutes
ITEM TITLE: COUNCIL OPERATING PROCEDURES FOR INITIATING CITIZEN-BASED
LAND USE REQUESTS
ACTION
REQUESTED:
Discuss existing practice regarding this type of request and endorse/notendorse an
official operating procedure.
ISSUE
STATEMENT:
The Council is frequently asked to "fix" land use issues brought to them by citizens
seeking a change in circumstances or relief from rules or fees for a specific land use
action. When this request is made in person during business from the audience it
, can sometimes create an awkward dialogue between the citizen, the Council and the
staff. An official operating procedure would bring a consistent city response to
these requests and likely mitigate their occurrence,
ATTACHMENTS:
1. Council Briefing Memorandum
DISCUSSIONI
FINANCIAL
IMP ACT:
The Development Services Department receives several dozen inquiries each year
from citizens and property owners who would like some change to the status of
their zoning or Plan designation, or want relief from a rule or standard of the Code.
In all but the rarest occasions, there is a process available to these folks to obtain
the changes they seek. However, a substantial number of these folks would prefer
not to undertake the process or pay the fee but instead want the Council to effect
these changes without charge. The attached briefing memorandum provides more
detail on this subject and lists the land use actions and the unofficial procedure for
Council participation in these requests. The briefing memorandum also asks the
Council to either endorse these procedures in an official capacity for widespread
publication or continue to consider these requests on a case-by-case basis.
o
MEMORANDUM
City of Springfield
Date: March 12,2007
Subject:
Gino Grimaldi, City Manager
Greg Mott, Planning Manager &-
Bill Grile, Development Services Director~
Council Operating Procedures Regarding
Initiation of Land Use Requests
COUNCIL
BRIEFING
MEMORANDUM
To:
From:
ISSUE:
The Council periodically hears from citizens requesting Council to correct, waive or otherwise
reconcile land use issues that pertain to their property. These issues are coinmonly use limitations
that may be the result of plan/zone conflicts, the strict interpretation of the law, pre"7existing non-
conforming use status, or other problems the citizen believes the Council should fix, The Council
chas no official standard to guide their response in these situations nor are there any public
information materials on the subject to assist the public.
BACKGROUND:
Property owners in Springfield or within the urban growth boundary frequently contact 'the
Development Services Department with requests or inquiries seeking permission for a variety of
uses not allowed by their current plan designation, zoning, Code regulation, or distance from
infrastructure. Many of these requests can be accommodated, but do require a specific land use
application that takes time, money and does not include a guarantee of approval. In many cases the
property owner feels that this is unfair or too expensive and asks the City to set things right because
the circumstance was created by the City, not the property owner. 1 It should be noted that
legitimate claims under Ballot Measure 37 standards do not apply to the matters discussed here;
BM37 remedy pre-empts traditional land use conflict resolution processes.
As the Council may well recall, a number of property owners have appeared at Council and
requested relief from responsibility for the application review process, the' application fee or both.
Citizens cannot be prevented from making such requests, but if the Council officially approved an
operating policy regarding this type of request, City staff and resource documents could effectively
, communicate Council rules and thereby mitigate the frequency or unrealistic expectations of direct
solicitation at a Council meeting. The following list describes Council's normal, but not "official"
involvement with prospective land use aCtions:
I. Land use fees; the Council does not waive or reduce land use fees;.
2. Zone changes; the Council does not initiate zone changes unless such action would correct
a plan/zone conflict and the properly owner makes the request;
3. Land use development regulations; the Council does not waive height, setback, lot
covenige, parking, landscaping, fencing, screening, irrigation, storm water, access or
lighting standards; the Variance process was created to respond to these questions;
4. Interpretations of the Springfield Development Code; the Council does not initiate
interpretations of standards or provisions of the Springfield Development Code; the Formal
Interpretation procedure was created to respond to these questions;
Attachment'
1 For example, a property owner might be expected to put forth this argument in situations where the property
owner's lot is not consistent with the Metro Plan Diagram's planning designation for the lot.
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5. Annexations; the Council does not initiate annexations unless the Springfield
Development Code or state law limits such action to elected officials and not citizens;
6. Metro Plan or Refinement Plan diagram amendments; the Council does not initiate
Metro Plan or Refinement Plan diagram amendments on behalf of property owners;
7. Urban growth boundary amendments; the Council does initiate urban growth boundary
amendments at their discretion and consistent with Article 7 of the Springfield
Development Code. This action requires:
a. two Councilors to request the matter be placed on an agenda of Council
consideration;
b. the Council agrees to adjust the DSD work program to accommodate the
assignment; and
c. the property owner pays all fees and prepares an application, including all,
appropriate Goal 14 standards, applicable administrative rules and Metro Plan
, criteria.
The Council can initiate any of these actions, but with the exception of urban growth boundary
amendments and certain types of annexations, so can property owners and that is the reason for this
memorandum; if the property owner wants something, an application and fee can be submitted to
fonnally make the request. Granting a dispensation to one property owner and not another for
something any property owner may freely seek through the application process may invite
challenges of bias or preferential treatment.
RECOMMENDED ACTION:
1. Council review and/or adjustment of these guidelines and direction to staff to publish the final
version in brochures and Web pages where appropriate; or, ,
2. Maintain existing practice of responding to each request individually as they are brought to
Council and do not include these proposals as standard Council operating procedure.
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