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In responding to the court's remand of the ordinance, the council has at least the following options <br />available to it: <br /> <br />1. Repeal all provisions contained in the ordinance. This option would make PeaceHealth's expansion <br /> at the Hilyard campus more difficult, time-consuming and uncertain (at least in the short-term before <br /> the council could adopt another framework or set of code amendments related to hospitals). In <br /> addition, it also would delay Triad's ability to construct a hospital on the EWEB site and make such <br /> a project more difficult and less certain. <br /> <br />2. Re-adopt the provisions of the ordinance related to commercially-zoned properties, and repeal the <br /> other provisions of the ordinance related to properties zoned industrial, residential and public land. <br /> This option would leave in place the ordinance's provisions which would facilitate PeaceHealth's <br /> expansion and renovation at the Hilyard campus. If this option were coupled with a change to the <br /> designation and zoning for the EWEB site (Option 3), it would also facilitate Triad's use of the <br /> EWEB site for a hospital. <br /> <br />3. In conjunction with Option 2, initiate (a) a change in the designation of the EWEB site from heavy <br /> industrial to commercial, and (b) a concurrent rezoning of the site from public lands to a commercial <br /> zone. The EWEB site is currently designated in the Metro Plan as heavy industrial, a designation <br /> which makes little sense today. <br /> <br />4. Initiate changes to the Metro Plan to explicitly allow hospitals in the residential and industrial <br /> designations and then re-adopt the ordinance as is. Such a change would require approval of all <br /> three jurisdictions. <br /> <br />5. Amend the ordinance's provisions for industrial and residential lands so that a hospital in those areas <br /> would have to show that it is consistent with the Metro Plan. This could be accomplished by <br /> allowing a hospital in those areas subject to a Conditional Use Permit, instead of as an outright <br /> permitted use. Such changes to the ordinance would comply with the court's ruling, but it is <br /> unlikely that the changes, by themselves, would enable Triad to construct a hospital on the EWEB <br /> site. <br /> <br />6. Amend the Metro Plan text to include a new category of uses that would cover Special Facilities that <br /> could generally address the unique development needs of certain public, semi-public and private <br /> uses typically found within urban areas but not necessarily in great number or easily included within <br /> the more common land use designations. <br /> <br />CITY MANAGER'S RECOMMENDATION <br />The City Manager recommends that the council pursue options 2 and 3. <br /> <br />1. Re-adopt the provisions related to commercially-zoned property, and repeal the other provisions <br /> related to lands zoned industrial, residential and public land. The provisions of the ordinance related <br /> to commercially-zoned property were not challenged by CHOICES and were not called into question <br /> by the court's ruling. Re-adoption of those provisions will facilitate PeaceHealth's expansion of its <br /> Hilyard campus as hospital uses will then be permitted outright, and it will be able to proceed with <br /> <br /> L:\CMO\2005 Council Agendas\M050209\S050209A. doc <br /> <br /> <br />