Item 3E: Resolution Clarifying Outpatient Clinic of US VA as "Government Service"

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Adoption of Resolution 5051 Clarifying that an Outpatient Clinic Operated by the United States Department of Veterans Affairs Is a “Government Service” Meeting Date: January 9, 2012 Agenda Item Number: 3E Department: Planning and Development Staff Contact: Steve Nystrom www.eugene-or.gov Contact Telephone Number: 541-682-8385 ______________________________________________________________________________ ISSUE STATEMENT The City Council will consider adoption of a resolution clarifying that an outpatient clinic operated by the United States Department of Veterans Affairs is a permitted use under the “Government Services” category, as provided for in the Land Use Code. BACKGROUND The City Council has expressed a clear interest in supporting the siting of a new Veterans Affairs (VA) outpatient clinic in Eugene. The City is aware of at least one potential site in Eugene. That site is zoned I-1, Campus Industrial. However, a prior code interpretation issued by the City’s Hearings Official determined that a VA facility is not an allowed use in the I-1 zone. The Hearings Official’s interpretation of the code appears to be incorrect and, if left as the final word on the question, could be problematic for the location of the VA facility in Eugene. In response, the council directed the City Manager to pursue amendments to the Land Use Code to clarify the council’s interpretation of its Code: that a VA facility is an allowed use in the I-1 zone as a “Government Service.” After evaluating various options, staff believes the most direct way to address this matter is for the council to approve a resolution clarifying that the City’s Land Use Code (Chapter 9) allows an outpatient clinic operated by the United States Department of Veterans Affairs as a permitted use under the “Government Services” category. If approved, I-1 sites in Eugene will be able to submit viable lease offers to the VA. It is our understanding that these offers are due to the VA by January 18, 2012. Staff believes that the VA facility being proposed is an obvious “Government Service.” It will be operated by the federal government, by government employees who serve the public eligible for veterans’ services. In these ways, it is much like the DMV that serves the driving public, the postal service or the social security office. Like many municipal zoning codes, Eugene’s Land Use Code provides special accommodation for government services, allowing them in most city zones. Given the important community services that local, state and federal governments provide, the limited number of sites needed for these uses and the sometimes unique siting requirements attached to those uses (police and fire stations for example), the Land Use Code provides a higher level of flexibility and opportunity for siting government services than it affords to similar privately operated uses. In other words, it is consistent with the Land Use Code to determine that S:\CMO\2012 Council Agendas\M120109\S1201093E.doc