HomeMy WebLinkAboutItem 12 AIS Springfield 2030 Comp Plan amendments (00023894xF5DC7)AGENDA ITEM SUMMARY
Meeting Date:
Meeting Type:
Staff Contact/Dept.:
Staff Phone No:
5/2/2022
Regular Meeting
Mark Rust/DPW
Kristina Kraaz/CAO
541-726-3654
Estimated Time: 5 Minutes
SPRINGFIELD Council Goals: Mandate
CITY COUNCIL
ITEM TITLE: SPRINGFIELD 2030 COMPREHENSIVE PLAN AMENDMENTS FOR
MIDDLE HOUSING AND AFFORDABLE HOUSING STATUTES
ACTION
Hold a first reading on the following Ordinance:
REQUESTED:
AN ORDINANCE AMENDING THE SPRINGFIELD 2030 COMPREHENSIVE
PLAN RESIDENTIAL AND USE AND HOUSING ELEMENT AND
ECONOMIC ELEMENT TO CONFORM THE PLAN WITH NEW
REQUIREMENTS IN STATE LAND USE STATUTES AND REGULATIONS
RELATED TO MIDDLE HOUSING AND AFFORDABLE HOUSING
DEVELOPMENT, ADOPTING A SEVERABILITY CLAUSE, AND
PROVIDING AN EFFECTIVE DATE
ISSUE
The City Council is required to amend the Springfield 2030 Comprehensive Plan to
STATEMENT:
conform policies in the Residential and Economic Element with conflicting state
statutes regarding middle housing and affordable housing, to ensure that the
proposed Development Code Updates are consistent with the Comprehensive Plan
when the code updates are adopted.
ATTACHMENTS:
1 — Ordinance amending the Springfield 2030 Comprehensive Plan
2 — Correspondence from Department of Land Conservation & Development
(DLCD), April 21, 2022
DISCUSSION/
New state laws require the City to allow development that potentially conflicts with
FINANCIAL
existing policies in the Springfield 2030 Comprehensive Plan (Comprehensive
IMPACT:
Plan). House Bill 2001 (2019) and Senate Bill 8 (2019) conflict with Residential
Element's Policy H.1 and the density ranges established in Implementation Action
1.1., by requiring the City to allow middle housing (duplexes, triplexes, fourplexes,
cottage clusters and townhomes) and affordable housing that may exceed the
maximum density allowed in a particular zone. Senate Bill 8 and other statutes
regarding affordable housing also conflict with the Economic Element's Policies
E.1 and E.3, by mandating certain affordable housing be permitted in non-
residential zoning districts.
This Ordinance amends the Residential and Economic Elements of the
Comprehensive Plan to clarify that these statutes override the plan policies where
there are conflicts (Attachment 1). These amendments are necessary for the City
Council to the adopt the amendments proposed in the Development Code Update
Project to implement the statutes, because code amendments must be consistent
with the comprehensive plan in addition to consistent with state laws.
No public hearing process is required to adopt this Ordinance. DLCD has
confirmed in writing to the City that the Comprehensive Plan amendments are
solely for the purpose of conforming the plan to new requirements in state statutes
and thus do not require a public hearing under ORS 197.612 (Attachment 2).
11
CITY OF SPRINGFIELD, OREGON
ORDINANCE NO.
(GENERAL)
AN ORDINANCE AMENDING THE SPRINGFIELD 2030 COMPREHENSIVE PLAN
RESIDENTIAL AND USE AND HOUSING ELEMENT AND ECONOMIC ELEMENT TO CONFORM
THE PLAN WITH NEW REQUIREMENTS IN STATE LAND USE STATUTES AND REGULATIONS
RELATED TO MIDDLE HOUSING AND AFFORDABLE HOUSING DEVELOPMENT, ADOPTING A
SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, on June 20, 2011, the Springfield City Council adopted Ordinance 6268 adopting the
Springfield 2030 Comprehensive Plan Residential Land Use and Housing Element (Residential Element)
as an element of the Springfield 2030 Plan and a refinement to the Eugene -Springfield Metropolitan
Area General Plan (Metro Plan);
WHEREAS, the Residential Element implements Statewide Planning Goal 10: Housing "To provide for
the housing needs of the citizens of the state," including goals, objectives, policies and implementation
actions that supplement the Metro Plan (Chapter III -A), while demonstrating the City's ongoing
commitment to increase housing choice and residential densities within Springfield's urban growth
boundary;
WHEREAS, the Residential Element as adopted by Ordinance 6268 was acknowledged by the Land
Conservation and Development Commission to comply with the statewide planning goals in 2011;
WHEREAS, Policy H.1. of the Residential Element provides the target density ranges and housing mix
for housing development within the Springfield urban growth boundary based upon the findings
adopted in the Residential Land and Housing Needs Analysis (RLHNA) adopted in Ordinance 6268;
WHEREAS, Implementation Action 1.1 under Policy H.1 establishes net density ranges to be
implemented in the Springfield Development Code as follows: "Residential Low Density 6-14 dwelling
units per acre [except as may be restricted under the Hillside Development Overlay District standards];
Residential Special Density 8-14 dwelling units per acre; Residential Medium Density 14-28 dwelling
units per acre; Residential High Density 28-42 dwelling units per acre";
WHEREAS, on December 5, 2016, the Springfield City Council adopted Ordinance 6361 adopting the
Springfield 2030 Comprehensive Plan Economic Element (Economic Element) as an element of the
Springfield 2030 Plan and replacing the Metro Plan's economic element (Chapter III -B);
WHEREAS, the Economic Element implements Statewide Planning Goal 9: Economic Development,
"To provide adequate opportunities throughout the state for a variety of economic activities vital to the
health, welfare, and prosperity of Oregon's citizens," demonstrating support for the growth of the local,
regional, and State economy through land use patterns that provide and sustain a healthy, prosperous
and equitable environment aligned with Springfield's interests, values, and assets;
WHEREAS, the Economic Element as adopted by Ordinance 6361 was acknowledged by the Land
Conservation and Development Commission to comply with the statewide planning goals in 2019;
WHEREAS, Policy E.1. of the Economic Element directs the City to "designate an adequate supply of
land that is planned and zoned to provide sites of varying locations, configurations, size and
characteristics as identified and described in the Economic Opportunity Analysis to accommodate
Attachment 1, Page 1 of 3
industrial and other employment over the planning period," and Policy E.3 directs the City to ensure
that prime employment sites are not developed or redeveloped for non -employment uses;
WHEREAS, following adoption of the Residential Element and Economic Element, the Oregon
legislature adopted several statutes in the 2019 and 2021 legislative sessions that supersede Policy H.1
and the density ranges established in Implementation Action 1.1., and Policies E.1 and E.3, by
mandating certain housing types and densities that must be permitted in residential and non-residential
zoning districts, notwithstanding any conflicting local comprehensive plan policy or land use regulation;
WHEREAS, in 2019, the Oregon Legislature enacted House Bill 2001, codified at ORS 197.758,
requiring cities with a population of 25,000 of more to allow development of a duplex on each lot or
parcel zoned for residential use that allows development of detached single-family dwellings and to
allow middle housing types (including triplexes, fourplexes, townhomes, and cottage clusters) in areas
zoned for residential use that allow the development of detached single-family dwellings;
WHEREAS, the Land Conservation and Development Commission adopted administrative rules for
middle housing at OAR Chapter 660, division 46, to implement the requirements under House Bill 2001
that apply to the City of Springfield;
WHEREAS, in 2021, the Oregon Legislature enacted Senate Bill 458, codified at ORS 92.031, requiring
cities to allow an expedited land division for separate dwelling units in a middle housing development
that is approved under HB 2001;
WHEREAS, in 2021, the Oregon Legislature enacted Senate Bill 8, codified at ORS 197.308, restricting
local governments from denying or limiting the approval of affordable housing within areas zoned for
commercial and industrial use, subject to certain zoning and property ownership conditions, and
requiring cities to apply density and height bonuses to affordable housing within residential districts;
WHEREAS, in 2021, the Oregon Legislature enacted House Bill 2008, which amended ORS 197.311 to
require local governments to approve affordable housing developments on any parcels zoned other
than industrial or that are contiguous with residential zoned parcel without requiring those parcels be
rezoned as residential;
WHEREAS, in 2021, the Oregon Legislature enacted House Bill 3261, codified at ORS 197.748,
requiring local governments to approve conversion of an existing hotel or motel to affordable housing
subject to standards related to hazard mitigation;
WHEREAS, ORS 197.612 permits the City to take action to amend the comprehensive plan without
holding a public hearing if the change is solely for the purpose of conforming the plan and regulations
to new requirements in a land use statute, statewide land use planning goal or rule, provided the City
gives notice to the Department of Land Conservation and Development (DLCD) and DLCD confirms in
writing that the only effect of the proposed change is to conform to new requirements; and
WHEREAS, the City provided notice to DLCD of the proposed change as provided in ORS 197.612, anc
DLCD confirmed in writing by letter dated April 21, 2022 that the only effect of the proposed change to
the Residential Element and Economic Element is to conform to the new requirements of state
legislation described herein,
Attachment 1, Page 2 of 3
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. The Springfield 2030 Comprehensive Plan Residential Land Use and Housing
Element is amended to add the following footnote to Policy H.1:
For purposes of housing development, ORS 197.758, ORS 92.031, and ORS 197.308, override
comprehensive plan provisions. ORS 197.758 (adopted by House Bill 2001 in 2019) compels
the City to amend its development code to conform to state law for middle housing. ORS
92.031 (adopted by House Bill 458) compels the City to approve land divisions for said middle
housing. ORS 197.308 (adopted by Senate Bill 8 in 2021) compels the City to apply density and
height bonuses to development of affordable housing as defined in that statute. Thus, the code
provisions adopted by [Ordinance adopting Case No. 811-18-000224-TYP4] demanded by
statute, override any conflicting comprehensive plan policy or provision.
Section 2. The Springfield 2030 Comprehensive Plan Economic Element is amended to add
the following footnote to Policy E.1 and Policy E.3:
For the purpose of affordable housing development, ORS 197.308 (adopted by Senate Bill 8 in
2021), ORS 197.311 (amended by House Bill 2008 in 2021), and ORS 197.748 (adopted by
House Bill 3261) override comprehensive plan provisions. These statutes generally define
affordable housing as housing made affordable to households with income that is a specified
percentage of area median income, whose affordability is enforceable for a period specified in
the statute. These state laws compel the City of Springfield to approve affordable housing
developments, including within properties designated for employment uses, notwithstanding
any conflicting comprehensive plan policy or provision. Thus, the code provisions adopted by
[Ordinance adopting Case No. 811-18-000224-TYP4] demanded by statute, override any
conflicting comprehensive plan policy or provision.
Section 3. Savings Clause. Except as specifically amended herein, the adopted and
acknowledged policies of the Springfield 2030 Comprehensive Plan shall continue in full force and
effect.
Section 4. Severability Clause. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereof.
Section 5. Effective date of Ordinance. This Ordinance will take effect July 1, 2022.
ADOPTED by the Common Council of the City of Springfield this day of ,
by a vote of for and against.
APPROVED by the Mayor of the City of Springfield this day of ,
ATTEST:
City Recorder
Mayor
Attachment 1, Page 3 of 3
F
R
regon
!" n (Cate Brown, Governor
April 21, 2022
Mark Rust, Planning Supervisor
City of Springfield
225 Fifth Street
Springfield, OR 97477
Department of Land Conservation and Development
Delivered via email: mrust(a)-springfield-or.gov
635 Capitol Street NE, Suite 150
Salem, Oregon 97301-2540
Phone: 503-373-0050
Fax: 503-378-5518
www.oregon.gov/LCD
(OW)
RE: Proposed Middle Housing Comprehensive Plan Amendments to Conform Plan to
New Requirements in Statute and Rule; City File No.: 811-18-000224-TYP4;
DLCD PAPA File No.: 009-21
Dear Mark,
Thank you for providing timely notice to the department on the city's proposed middle
housing -focused comprehensive plan amendments and development code
amendments.
The department understands that the city is acting under the authority of ORS 197.612
to conform the residential land use and housing and economic elements of the
comprehensive plan to conform to new middle housing requirements of ORS chapters
92 and 197, and OAR chapter 660 division 46.
The department concurs with the city's determination that public hearings are not
needed to conform applicable elements of the city's comprehensive plan or
development code to new requirements in statute and rule.
If you have questions or would like to further discuss, please contact me at (503) 856-
6935 or 3ordon.howard(a-)_dlcd.oregon.gov.
Best regards,
*570ff�
Gordon Howard, Community Services Manager
Copy. Patrick Wingard, Southern Willamette Valley Regional Representative
Attachment 2, Page 1 of 1