HomeMy WebLinkAboutOrdinance 6440 05/16/2022CITY OF SPRINGFIELD, OREGON
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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
(Residential Element)
as an element of the Springfield 2030 Plan and a refinement to the
(Metro Plan);
WHEREAS,
actions that supplement the Metro Plan (Chapter III-A), while d
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 (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:
units per acre \[except as may be restricted under the Hillside Development Overlay District standards\];
units per acre;
WHEREAS, on December 5, 2016, the Springfield City Council adopted Ordinance 6361 adopting the
(Economic Element) as an element of the
Springfield 2030 Plan -B);
WHEREAS, the Economic Element implements Statewide Planning Goal 9: Economic Development,
provide adequate opportunities throughout the state for a variety of economic activities vital to the
health, welfare, and prosperity of Oregon's citizenssupport for the growth of the local,
regional, and State economy through land use patterns that provide and sustain a healthy, prosperous
and ;
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, esignate 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
industrial and other employment over the planning period
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, and
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,
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NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. The
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 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 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.
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ADOPTED by the Common Council of the City of Springfield this 27ui___ day of _________, 3133____,
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by a vote of _____ for and ____ against.
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3133
APPROVED by the Mayor of the City of Springfield this ______ day of __________, ____.
_______________________
Mayor
ATTEST:
__________________________
City Recorder
602703133
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