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

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ATTACHMENT A RESOLUTION NO. ______ A RESOLUTION CLARIFYING THAT AN OUTPATIENT CLINIC OPERATED BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS IS A “GOVERNMENT SERVICE” The City Council of the City of Eugene finds that: A. The United States Department of Veterans Affairs is seeking a site on which to operate a new outpatient clinic (“VA clinic”) and the City Council has expressed interest in supporting the siting of the new VA clinic in Eugene. B. The City Council wishes to provide the siting authority in United States Department of Veterans Affairs with certainty that siting options exist in Eugene for the VA’s consideration, thus increasing the possibility of development of the VA clinic in Eugene. C. The City’s land use code allows “Government Services” to be established within the I-1 Campus Industrial zone, but a recent decision by the Eugene Hearings Official fails to recognize a VA clinic operated by the United States Department of Veterans Affairs as such a government service. E. The City Council wishes to correct the hearings official’s code interpretation by providing the City Council’s own interpretation of its code, clarifying that a VA clinic is permitted within the I-1 Campus Industrial Zone because it falls with the category of uses entitled: “Government Services, not specifically listed in this or any other uses and permit requirements table.” NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows: Section 1 . For the reasons stated in the Agenda Item Summary attached hereto as Exhibit A, the Eugene City Council hereby interprets the City’s land use code as follows: A. An outpatient clinic operated by the United States Department of Veterans Affairs is not specifically listed in any “Uses and Permit Requirements” table in Eugene Code Chapter 9. B. An outpatient clinic operated by the United States Department of Veterans Affairs does fall within the “Government Services” category of uses listed in Eugene Code Table 9.2450 Industrial Zone Land Use and Permit Requirements. C. An outpatient clinic operated by the United States Department of Veterans Affairs may also fall within other categories of uses listed in “Uses and Permit Requirements” tables in Eugene Code Chapter 9, such as the “Clinic or other Medical Health Treatment Facility (including mental health)” category. Resolution - Page 1 of 2