Attorney for Citizens Against LNG

Kathleen Eymann

Attorney for Citizens Against LNG

1256 Newport Ave. SW

Bandon, Oregon 97411

Planning Commission

City of North Bend

Re: Application for CUP

The proposed development fits the definition of a Manufactured Dwelling Park under ORS 446.003 (23) (1913). The relevant portion of the statutory definitionprovides:

ORS 446.003 (23)Manufactured dwelling park means any place where four or more manufactured dwellings are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent or lease space or keep space for rent or lease to any person for a charge or fee paid or to be paid for the rental or lease or use of facilities or to offer space free in connection with securing the trade or patronage of such person . . . .

The applicant admits on page 2 of the Application narrative that the housing will consist of “1,848 dormitory-style housing units in 60 single-story, factory-built buildings. ”Clearly the units will be manufactured, located within 500” of each other on a tract of land that has the same ownership for use by workers of at the Jordan Cove Energy Project (“JCEP”) worksite. While it is unknown if the units will be rented or leased or provided free of charge in exchange for work, there is no doubt that the primary purpose is to provide space to the JCEP workers. All of these facts match exactly the definition of ORS 446.003 (23).

The North Bend Code provides the standards governing Conditional Uses shallcomply with the standards of the zone in which it is located.NBCC 18.60. 060. Subsection (9) of that section deals with Manufactured Home Parks. The applicant responded, “This subsection only applies to manufactured home parks. The Project does not include any manufactured home parks. The City can find that this subsection is not applicable to the Application.” This assertion by Applicant is wrong since the Project is clearly a Manufactured Dwelling Park under ORS 446.003(23). Consequently the City of North Bend must ensure the Project complies with NBCC 18.60.060 (9).

The project must also comply with NBCC 18.68.020, Minimum off-street parking space requirements.

The minimum off-street parking space requirements are as follows:

(4) Residential Type of Development and Number of Parking Spaces.

Manufactured home park/subdivision: 1 per home site plus 1 per site for guest parking at a convenient location.

The Applicant ignores the definition of ORS 446.003 (23) and proposes the that “[t] he proposed use is Temporary Workforce Housing, which is not specifically listed in the parking chart. As a result, the Planning Commission will need to determine parking requirements for the Project based upon the requirements of the most comparable use.” Application Narrative page 24. The Applicant argues that the parking requirements should be found to be like the parking requirements for a hotel stating:

The City can reach this conclusion because like Temporary Workforce Housing, a Hotel is a place of short-term occupancy that does not provide cooking facilities in the lodging rooms. See definition of “Hotel” in NBCC 18.04.030(21) (“[A] building in which lodging is provided to guests for compensation and in which no provision is made for cooking in the lodging rooms.”). The proposed units in this case are not intended to be occupied short-term like a hotel room, which, usually is only occupied for a few days. Also the units could easily accommodate cooking in the lodging rooms. Each has a private sink, a table and electricity. An occupant could easily install a hot plate or a microwave oven for on-site food preparation. This is likely given the long-term occupancy of the units.

Therefore, the Project does not comply with the off-street parking requirements of North Bend.

Submitted by

Kathleen P. Eymann