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

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a government-operated service facility may be permitted in a zone that does not allow a privately operated facility offering similar services. To help illustrate this point, the code allows “Mailing and Package Service” as a permitted use in commercial zones, but not in residential or industrial zones. Therefore, a use such as UPS would be limited to commercial zones, while a federal post office (with very similar characteristics to UPS) would be permitted as a “Mailing and Package Service” in the commercial zone but also permitted in a variety of other zones under the “Government Services” category. This ensures appropriate mail service to the community. In the case of the potential VA facility, the code contains a category called “Clinic and other Medical Health Treatment Facility.” While this broad medical category allows a variety of privately- and publicly-operated medical facilities in certain zones (but not I-1), the code provides additional accommodation for medical uses specifically operated by a governmental agency through the inclusion of the “Government Services” category. With this understanding, it would be possible for the VA facility to fit within the “Clinic and other Medical Health Facility” category as well as the “Government Services” category. Staff believes the Hearings Official erred in determining that a use could not fall within more than one category in this way. It is also worth noting that the broad accommodation of government uses is further supported in Federal law by making the U.S. government exempt from local zoning regulations. On property owned by the Federal government, it may site any use it wishes without regard for the uses allowed by the City in the applicable zone. This in fact occurred when the new Federal Courthouse was constructed on land zoned I-3, Heavy Industrial. It is clear that the Federal government could site the VA facility on I-1 zoned land (or anywhere else) without the need for council assistance, if they were intending to own the land rather than lease it (as proposed). It is not clear that the VA facility could take advantage of the federal exemption in this case, where it will not own the underlying land. When considering the possible uses under “Government Services,” it is also important to recognize that this category is intended to include a wide range and scale of uses. While police stations, fire stations and post offices may be the most common uses that come to mind, government services includes a much wider spectrum, including such uses as courthouses (municipal, county, federal), the DMV, wastewater treatment facilities and city hall. Within this context, it is reasonable to conclude that a VA-operated facility also fits within the government services category. RELATED CITY POLICIES Approval of this resolution is supported by the City Council’s stated goal of supporting the location of the VA outpatient clinic in Eugene. COUNCIL OPTIONS The City Council has the following options: 1. Adopt the attached resolution; 2. Modify the attached resolution and adopt, or 3. Decline or delay to adopt the attached resolution. S:\CMO\2012 Council Agendas\M120109\S1201093E.doc