HomeMy WebLinkAboutMiscellaneous APPLICANT 12/10/2010
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,ATTACHMENT 2
STAFF REPORT
APPLICANT
City of Springfield. Jo. No. LRP 2006-0026
REQUEST
Amendment of the Springfield Development Code (SDC) - Section 36.135 Temporary Use-
Emergency Medical Hardship.
BACKGROUND
On September 19, the Planning Commission held a work session regarding the "temporary"
status of the Emergency Medical Hardship process. 'The Planning Commission directed staff to
maintain the current 12 month initial approval time line and place a limit on time line extensions-
allowing up t6 two 6 month extension opportunities at the staff level. The intent was to define
"temporary" at 24 months. The Planning Commission also directed staff to include additional,
comments they had that evening and the reorganization of the process proposed by staff. ,
SPRINGFIELD DEVELOPMENT CODE CRITERIA FOR SDC AMENDMENTS
SDC 8.030 of the Springfield Development Code establishes criteria that must be met in order
to approve this request: "In reaching a decision on these actions, the Planning ,
Commission and the City Council shall adopt findings which demonstrate conformance
to the following: (1) The Metro Plan; (2) Applicable State statutes; and (3) Applicable, ,
State-wide Planning Goals and Administrative Rules. "
(1) The Metro Plan;"
"The Eugene-Springfield Metropolitan Area GeneralPlan [Metro Plan] is the official long-
range general plan (public policy document) of metropolitan Lane County and the cities ,
of Eugene and Springfield. Its policies and land use designations apply only within the
area under the jurisdiction of the Plan. The Plan sets forth general planning policies and
land use allocations and serves as the basis for the coordinated development of
programs concerning the use and conservation of physical resources, furtherance of
, assets, and development or redevelopment of the metropolitan area. "P. '-1
Staff Response and FindinQ:"
" This is an amendment of an existing specific regulation. This amendment defines the , '
"temporary" needs of citizens burdened with emergency medical hardships who require
additional on-site housing for either the person requiring medical care or the care provider while
ensuring that the neighborhood character is not disrupted. The initial duration of the temporary
housing remains 12 months or less. The current unlimited time line extensions are now limited
to two 6 month periods at the staff level, for a total time line of 24 months. In cases where,
additional time line extensions may be requested, the City Council would make that ,
determination. The RV housing penmitted is not considered to be permanent housing and thus,
the short term nature of the use pre-empts the applicability of density objectives expressed in
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Date Received:
, Planner: LM '
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the residential element of the Metro Plan. This amendment has no effect'on, nor is it affected
by Metro Plan policies.
"(2) Applicable State statutes, "
NEEDED HOUSING
ORS 197,307
"(1) The availability of affordable, decent, safe and sanitary housing opportunities for
persons of lower, middle and fixed income, including housing for farm workers, is a
matter of statewide concern.
(2) Many persons Of lower, middle and fixed income depend on government assisted
housing as a source of affordab'/e decent, safe and sanitary housing.
(3)(b) A local government shall attach only clear and objective approval standards or
special conditions regulating, in whole or in part, appearance or aesthetics to an
application for development of needed housing or to a permit, as defined in ORS 215.402
or 227.160, for residential development.
The standards or conditions may not be attached in a manner that will deny the
application or reduce the proposed housing density provided the proposed density is
otherwise allowed in the zone."
Staff Response and Finding;
This is an amendment of an existing specific regulation. Even though the primary users of both
the current and proposed amended emergency medical hardship regulations tend to be lower
and fixed income persons and the reformatting of the approval process is intended to provide
clear and objective approval standards and conditions of approval, the "temporary" nature of the
emergency hardship process does not affect the housing needs policies of ORS 197.307 cited
above.
POST ACKNOWLEDGEMENT PROCEDURES
ORS 197.610
"197.610 Local government notice of proposed amendment or new regulation;
exceptions; report to commission.
(1) A proposal to amend a local government acknowledged comprehensive plan or land
use regulation or to adopt a new land use regulation shall be forwarded to the Director of
the Department of Land Conservation and Development at least 45 days before the first
evidentiary hearing on adoption. The proposal forwarded shall contain the text and any
supplemental information that the local government believes is necessary to inform the
director as to the effect of the proposal. The notice shall include the date set for the first
evidentiary hearing. The director shall notify persons who have requested notice that the
proposal is pending.
(2) When a local government determines that the goals do not apply to a particular
proposed amendment or new regulation, notice under subsection (1) of this section is
not required. In addition. a local government may submit an amendment or new
Date ReCAll/ad:
Plann..r: llVl
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regulation with less than 45 days' notice if the local government determines that there
are emergency circumstances requiring expedited review. In both cases:
(a) The amendment or new regulation shall be submitted after adoption as provided in
ORS 197.615 (1) and (2); and
(b) Notwithstanding the requirements of ORS 197.830 (2), the director or any other
person may appeal the decision to the board under ORS 197.830 to 197.845...."
Staff Response and FindinC1:
This is amendment of an existing specific regulation. The "temporary" nature of the emergency
hardship process is not proposed to change. Except for the public notice requirements of Goal 1
. (see Criterion (3), below), there are no State-wide land use goals that apply to this amendment.
Therefore, the 45 day notice to Department of Land Conservation and Development (DLCD)
prior to the first evidentiary hearing is not required. However, staff will notice DLCD after
adoption of the Ordinance as required in (2)(a).
"(3) Applicable State-wide Planning Goals and Administrative Rules. "
GOAL 1: CITIZEN INVOLVEMENT - OAR 660-015-0000(1)
. GOAL 2: . LAND USE PLANNING OAR 660-015-0000(2)
GOAL 3: AGRICULTURAL LAND OAR 660-015-0000(3)
GOAL 4: FOREST LANDS OAR 660-015-0000(4)
GOAL 5: NATURAL RESOURCES, SCENIC AND HISTORIC AREAS, AND OPEN SPACES
. OAR 660-015-0000(5)
GOAL 6: .AIR, WATERAND LAND RESOURCES QUALITY OAR 660-015-0000(6)
. <;OAL 7: AREAS SUBJECT TO NATURAL HAZARDS
GOAL 8: RECREATIONALNEEDS OAR 660-015-0000(8)
GOAL 9: ECONOMIC DEVELOPMENT OAR 660-015-0000(9) '.
GOAL 10: HOUSING OAR 660-015-0000(10)
GOAL 11: PUBLIC FACILITIES AND SERVICES OAR 660-015-0000(11)
.: GOAL 12: TRANSPORTATION OAR 660-015-0000(12) . .
GOAL13: ENERGY CONSERVATION OAR 660-015-0000(13)
GOAL 14: URBANIZATION OAR 660-015-0000(14)
GOAL 15: WILLAMETTE RIVER GREENWAY OAR 660-015-000(15)
GOAL.16: ESTUARINE RESOURCES OAR 660-015-000(16)
Date Received: ) J-/ /0101
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GOAL 17: COASTAL SHORELANDS OAR 660-015-000(17)
GOAL 18: BEACHES AND DUNES OAR 660-015-000(18)
GOAL 19: OCEAN RESOURCES OAR 660-015-000(19)
Staff Response and FindinQ:
Goals 1-15. This amendment does not allow a permanent use, nor is it intended to implement
housing objectives directed towards specialized housing needs or affordable housing (Goal 10).
The provisions of this amendment deal with a local need that was first addressed by the City
Council to provide temporary relief for emergency medical hardships.
Goals 16-19. These goals do not apply because there are no coastal, ocean, estuarine, or
beach and dune resources within the City's jurisdiction.
There are no State-wide Planning Goals or Administrative Rules which apply to this amendment
or which this amendment seeks to implement other than compliance with Goal 1 , Citizen
Involvement, pertaining to public notice. Notice of Planning Commission and City Council work
. sessions and public hearings were printed in the Springfield News and placed on the City's web
site on October 6, 2006. In addition, the owners.of property containing the three current .
emergency medical hardship applications have been notified by mail.
CONCLUSION/RECOMMENDATION/REQUESTED ACTION
Staff has demonstrated criteria of approval Hsted in SDC 8.030: (1) Metro Plan policies; (2)
State statutes; and (3) State-wide Planning Goals and Administrative Rules either do not apply
to, or this proposed SDC amendment minimally impacts, the criteria.
Staff recommends the Planning Commission: approve the attached Order and forward the
proposed amendment of SDC 36.135 to the City Council with a recommendation for adoption. .
. Date Received: .
Planfl0r: LM
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