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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. 1-1 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. 1-2