| | | | | | | |  | STAFF REPORT
For Meeting of September 24, 2018
MAYOR AND MEMBERS OF THE CITY COUNCIL | Agenda Item # 7.B.
TITLE: Zoning Amendment- Open Space requirement for nursery schools |
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| | | | | | | | Subject
The City of Hermiston proposes to amend Section 157.210 to align with Oregon Administrative Rules for provision of open space at nursery schools.
Summary and Background
§157.226 of the Hermiston Code of Ordinances provides the method and approval criteria for granting or denying an amendment to the zoning ordinance. The proposed amendment has been deemed a legislative change in that it involves the text of the ordinance.
Notice of the proposed action for a zoning text amendment shall be submitted to the Department of Land Conservation and Development 35 days prior to the date set for the initial hearing.
The planning commission held a public hearing on the proposed amendment on September 12, 2018 and recommended that the city counicl adopt the proposed change. The matter now comes before the city council for a public hearing and decision. After the close of the public hearing, the city council shall make findings of fact and adopt, adopt with changes, or deny the proposed amendment.
The proposed ordinance is attached as Exhibit A. The recommended findings are attached as Exhibit B.
The proposed amendment deletes the language "100 square feet of outdoor play area per child" and adds the language "enough open space for children that meets the requirements for certified child care centers by the Early Learning Division of the Oregon Department of Education (See OAR 414-300-0150)" to Section 157.210 (D) (1) of the Hermiston Code of Ordinances.
OAR 414-300-0140 requires 75 square feet of open space for each child in the area at one time. The open space standard in 157.210(D)(1) is ambiguous in light of the OAR standard. This amendment will set clear standards for the provision of open space requirements for nursery schools. The city is proposing this amendment as a result of the Head Start conditional use permit hearing from earlier in 2018. At that hearing, it was discovered that the state utilized a differing standard than the city. The discussion of the planning commission at the hearing expressed support for amending the city standard to match the state standard. State standards are regularly reviewed by educators. The city standards are rarely reviewed and not subject to regular updates as new studies determine better standards for school open space. It was recommended that the code be amended to incorporate the state standard by reference to allow for future changes at the state level to automatically amend the city standard.
Tie-In to Council Goals:
Amendments to the zoning ordinance fall under Comprehensive Plan Policy #2 which requires the city to review the city's comprehensive plan and implementing ordinances and update as necessary.
Fiscal Information
There is no financial impact to the city with the proposed text amendment.
Alternatives and Recommendation
Alternatives
The city council may choose to:
- adopt the proposed amendment
- adopt the proposed amendment with changes
- reject the proposed amendment
Recommendation
Subject to the testimony received at the hearing and based upon the findings of fact as may be amended by the city council, staff recommends that the city council adopt the proposed ordinance amendment and incorporate it into the Code of Ordinances.
Requested Action/Motion
Motion to adopt the findings of fact
Motion to adopt Ordinance No 2264
Submitted By: Clinton Spencer |
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