HomeMy WebLinkAboutOrdinance 5631 05/04/1992
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ORDINANCE NO. 5631 (EMERGENCY)
AN ORDINANCE AMENDING ARTICLE 29 UF-10 URBANIZABLE FRINGE OVERLAY DISTRICT
AND ARTICLE 36 MANUFACTURED DWELLING STAND^RDS OF THE SPRINGFIELD DEVELOPMENT CODE
ALLOWING TEMPORARY QUARTERS FOR EMERGENCY MEDICAL HARDSHIPS IN MEDIUM DENSITY
RESIDENTIAL DISTRICTS IN THE UNINCORPORATED URBANIZABLE AREA, AND DECLARING AN
EMERGENCY.
THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS:
Section 1:
language:
Section 29.050 is hereby amended by adding the following
(10) Temporary Emergency Quarters in LDR and MDR Districts (36.135) S
Section 2: Section 36.135 (4) and (7) are hereby deleted and replaced
with the following language:
(4)
The property must be zoned Low Density Residential (LDR)
City Limits, or LDR or Medium Density Residential (MDR)
the City Limits.
if in the
if outside
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(7) All manufactured dwellings used as temporary emergency quarters shall
be connected to an approved waste disposal system, water and
electrical services as prescribed by the Oregon State Building Code,
as adopted by the City of Springfield.
Section 3: The recommendation of the Springfield Planning Commission,
Order No. 92-04-61, has been reviewed and is hereby adopted in support of the
adoption of these amendments (See Attachment A attached hereto and incorporated
herein by reference).
Section 4: It is hereby found and declared that matters pertaining to the
temporary use of certain dwellings in circumstances of emergency medical hardships
are matters affecting the public health, safety and welfare of the City of
Springfield, and that this ordinance shall therefore take effect. immediately upon
its passage by the Council and approval by the Mayor.
ADOPTED by the Common Council of the City of Springfield by a vote of
~ for and ~ against this ~ day of May , 1992.
APPROVED by the Mayor of the City of Springfield this ~ day of
May 1992.
ATTEST:
B(~m~d
Mayor
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City Recorder (
Ordinance 5631
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ATTACHMENT 2
M E M 0 RAN 0 U M
City of Springfield
Development Services Department
April 6, 1992
TO:
Springfield Planning Commission
Gregory Mott, Planning Manage~
Emergency Quarters for Medical Hardships in MDR UF-10 Districts
FROM:
SUBJECT:
Issue
The City Council has directed staff to prepare a Code amendment that will extend
emergency nledical hardship provisions to Medium Density Residential Districts
outside of the City limits.
Discussion
All MDR sites in the City's urbanizable area were formerly zoned Rural
Residential or Residential-Agricultural by Lane County prior to the transfer of
planning allthority to the City in 1987. None of these sites have been developed
since the transfer and, with the exception of a subdivision on Anderson Lane and
a subdivision at Jasper Road and Filbert Lane, most are either vacant or occupied
by a single dwelling unit. The most common explanations for the absence of
development are lack of demand and distance removed from required public
facilities, i.e., sanitary sewer. The MDR UF-10 Overlay does allow the siting of
a single, site built dwelling, but does not allow multi-family development to
occur without annexation and full services and does not allow manufactured homes
or emergency quarters under any circumstances.
After consideration of this Code limitation, some relaxation of the policy
regulating emergency medical quarters can be justified for the following reasons:
1) Existing MDR UF-l0 sites with single family homes have been used and
occupied for such purposes since well b~fore the Metro Plan was adopted
in 1982. In some cases, the larger MDR UF-10 sites are family farms or
homesteads that have been passed down from one generation to the next.
But for a public policy that seeks to have these sites developed at 10 to
20 units per acre, a very plausible development scenario for these sites
would be with single family homes.
2) Existing residents of MDR UF-10 sites are just as likely to find
themselves in need of emergency medical quarters as are their fellow
citizens on LDR UF-l0 sites, a district that allows such use.
3) Development of LDR UF-l0 sites, including land division and the siting of
manufactured housing, may occur without services or annexation. 'This
could al16w someone to divide their land and thereby create a permanent
site for a mariufactured home that could then be occupied by an ailing
relative without worry about time limits or other limitations contained
Ordinance 5631
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in the emergency medical hardship ordinance. This cannot occur on MDR
UF-10 sites because manufactured housing is not permitted, land division
less than 10 acres is not p~rmitted and emergency medical quarters are
no t permi t ted.
4)
Development of MDR UF-10 sites requires annexation and extension of
public facilities. In most cases, MDR UF-10 sites are not contiguous
with the City limits and public facilities cannot be extended until
larger City initiated improvement projects (sanitary sewer trunk lines,
road construction, etc.) are undertaken. Property owners have few
options, given these circumstances, and subsequently are likely to -
maintain the semi-rural, single family occupancy of their property for
some time to come.
5)
Most of the MDR UF-10 sites are on large parcels and, for the most part,
abut LDR or LDR UF-10 sites. There are 67 MDR UF-10 sites within
Springfield's Urban Growth Boundary. 25 of these sites are in the two
subdivisions mentioned in the first paragraph of this discussion and are
.2 acres or less. Of the remaining 42 sites, 3 are .2 acres, 5 are .5
acres, 16 are between 1 and 5 acres, and 18 are 5 acres or larger. These
larger parcels can accommodate emergency medical quarters with minimal if
any impact to adjoining properties.
6) Even though emergency medical quarters can include RV's, they are used as
a residence. Adding a residential use, albeit temporary, to an existing
resideQtial use is not inconsistent with the MDR district.
7) Emergency medical quarters are temporary uses. The likelihood of such a
use becoming an obstacle to future urban development of the sita is not
vel.-Y grea t.
Conclusion and Recommendation
The MDR UF-10 Overlay strictly limits development for intended use unti~
annexation and services extension occuts. Thes~ limitations will perpetuate the
existing, largely under-developed single family use of these sites for some time.
Inclusion 'of the emergency medical hardship quarters provisions into the MDR
UF-IO li~t of permitted uses will allow the existing residents of these sites
some relief from a Code that does not fully recognize this history or provide a
readily accessible transition into the future. Staff recommends that the
Planning Commission send these amendments to the City Council for adoption.
Ordinance 5631
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Findings in Support of Code Amendment
Article 29 UF-10 URBANIZABLE FRINGE OVERLAY DISTRICT and Article 36 MANUFACTURED
DWELLING STANDARDS of the Springfield Development Code - Temporary Emergency
Quarters for Medical Hardships
Amendments to the Springfield Development Code must be based on conformance to the
following criteria of SDC 8.030:
(1) The Metro Plan
(2) Applicable State statues; and,
(3) Applicable State-wide Planning Goals and Administrative Rules.
Conformance to the Metro Plan
This is a highly specialized amendment that acknowledges the emergency, short term
needs of citizens burdened with temporary medical hardships. The standards and
provisions of this amendment are intended to address the need for temporary,
transportable shelter to house either the infirm or the care giver, and to ensure
that neighborhood character is not disturbed.
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The duration of these accommodations is 12 months or less, and in most instances,
the class of structure permitted would not be considered to be permanent housing
under any circumstances. The short term nature of the use, in addition to the
remote possibility that such a request would occur again the same site, pre-empts
the concern about this use becoming entrenched or "grandfathered". Most of the
eligible sites are several years away from d~velopment because of the absence of
any near term plans on the part of the City to extend services. This amendment
has no affect on, nor is it affected by Metro Plan policies.
Conformance to Applicable State Statutes
The statutes, rightfully, defer this specialized and inconsequential land use
activity to the local level by remaining silent on the issue.
Conformance to Administrative Rules and State-wide Planning Goals
This amendment does not allow a permanent use, nor is it intended to implement
housing objectives directed toward specialized housing needs or affordable
housing. The provisions of this amendment address a local need that has been
brought before the City Council on numerous occasions. The Council seeks to
provide temporary relief for temporary hardships by establishing specific criteria
and standards. There are no Administrative Rules or State-wide Planning Goals
which apply to this amendment or which this amendment seeks to implement.
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Ordinance 5631
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