Item 4: Ordinance on Land Use Application Timeline Extensions

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: Adoption of an Ordinance Concerning Time Extensions for Approved Developments; and Providing an Effective Date (City File CA 09-5) Meeting Date: November 9, 2009 Agenda Item Number: 4 Department: Planning and Development Staff Contact: Gabe Flock www.eugene-or.gov Contact Telephone Number: 541/682-5697 ISSUE STATEMENT The City Council is scheduled to take action on an ordinance that would provide a three-year extension to the expiration period for certain approved land use applications. BACKGROUND Earlier this year, as part of the City’s local economic stimulus efforts, the City Council initiated amendments that would provide time extensions for approved land use applications. Similar to the recent actions of several other jurisdictions in Oregon, this proposal will allow more time for the completion of development projects that have already undergone extensive public process and received City approval, but may be slowed down or stalled due to difficult economic conditions. The proposed ordinance will provide a one-time, automatic three-year extension for all Type II (e.g. partitions and subdivisions) and Type III (e.g. conditional use permits and planned unit development) land use application approvals that have not yet expired. Some of these projects have been approved with multiple construction phases, involving a series of expiration dates. This ordinance would automatically adjust the timeline for these future phases by three years as well. As proposed, there would be no submittal requirements, fees or processing time associated with granting the time extensions, and applicants would be notified of the additional time granted by the City. This provides a cost-effective, simple, and targeted approach for extending existing approvals that are most likely affected by the current economic downturn, consistent with council direction.For reference, the draft ordinance is included as Attachment A. The Planning Commission held a public hearing on the proposed ordinance on September 22, 2009, and took action the same night to unanimously recommend approval of the ordinance with a three-year time extension. The City Council held a public hearing on the proposed ordinance on October 19, 2009. Public testimony was received at both hearings in support of the proposed ordinance; no testimony has been received in opposition. In response to questions raised by the council, it is noted that Portland recently passed a date-specific time extension of more than three years (from December 2008 to June 2012) for approved land use applications. Other jurisdictions, including Bend and Gresham, have either permanently extended the expiration periods for certain land use approvals, or created an entirely new process and criteria to Z:\CMO\2009 Council Agendas\M091109\S0911094.doc