Chapter 18.200
LAND USE DISTRICT MAP AND TEXT AMENDMENTS
Sections:
18.200.010 Amendments – Purpose.
18.200.020 Legislative amendments.
18.200.030 Quasi-judicial amendments.
18.200.040 Conditions of approval for quasi-judicial amendments.
18.200.045 Land use district map and text amendments.
18.200.050 Record of amendments.
18.200.060 Transportation Planning Rule compliance.
18.200.070 Limitation on reapplications.
18.200.080 Change of zone for manufactured dwelling parks.
18.200.010 Amendments – Purpose.
The purpose of this chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this code and the land use district map. These will be referred to as “map and text amendments.” Amendments may be necessary from time to time to reflect changing community conditions, needs and desires, to correct mistakes, or to address changes in the law. [Ord. 290 § 3(9.010), 2006.]
18.200.020 Legislative amendments.
Legislative amendments are policy decisions made by city council. They are reviewed by the planning commission and city council and shall conform to the Transportation Planning Rule provisions in GMC 18.200.060, as applicable. [Ord. 290 § 3(9.020), 2006.]
18.200.030 Quasi-judicial amendments.
A. Applicability of Quasi-Judicial Amendments. Quasi-judicial amendments are those that involve the application of adopted policy to a specific development application or code revision, and not the adoption of new policy (i.e., through legislative decisions). Quasi-judicial district map amendments shall follow the public hearing procedure, as governed by the zoning ordinance. The approval authority shall be as follows:
1. The planning commission shall review and recommend land use district map changes that do not involve comprehensive plan map amendments;
2. The planning commission shall make a recommendation to the city council on an application for a comprehensive plan map amendment. The city council shall decide such applications; and
3. The planning commission shall make a recommendation to the city council on a land use district change application that also involves a comprehensive plan map amendment application. The city council shall decide both applications.
B. Criteria for Quasi-Judicial Amendments. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following criteria:
1. Approval of the request is consistent with the statewide planning goals;
2. Approval of the request is consistent with the comprehensive plan;
3. The property and affected area are presently provided with adequate public facilities, services and transportation networks to support the use, or such facilities, services and transportation networks are planned to be provided in the planning period;
4. The change is in the public interest with regard to neighborhood or community conditions, or corrects a mistake or inconsistency in the comprehensive plan or land use district map regarding the property which is the subject of the application; and
5. The amendment conforms to the Transportation Planning Rule provisions under GMC 18.200.060. [Ord. 290 § 3(9.030), 2006.]
18.200.040 Conditions of approval for quasi-judicial amendments.
A quasi-judicial decision may be for denial, approval, or approval with conditions; conditions shall be based on applicable regulations and factual evidence in the record. A legislative amendment may only be approved or denied. [Ord. 290 § 3(9.040), 2006.]
18.200.045 Land use district map and text amendments.
A final quasi-judicial order shall be issued after approval of the action by either the planning commission or city council. The order should include the name of the applicant, mailing address of the applicant, map and tax lots of the affected property, type of request, property’s zoning, brief description of the applicant’s reason for the request, review of the public meetings, hearings and notices dealing with the request, review of the adopted findings of fact, review of any conditions associated with the request and whether those conditions shall be met before the approval is effective, date the approval is effective, appeal options by affected parties, and signatures of the planning commission chair and secretary (or mayor and city recorder). [Ord. 304 Art. V(1), 2008.]
18.200.050 Record of amendments.
The city recorder shall maintain a record of amendments to the text of this code and the land use districts map in a format convenient for public use. [Ord. 290 § 3(9.050), 2006.]
18.200.060 Transportation Planning Rule compliance.
A. Review of Applications for Effect on Transportation Facilities. When a development application includes a proposed comprehensive plan amendment or land use district change, the proposal shall be reviewed to determine whether it significantly affects a transportation facility, in accordance with Oregon Administrative Rule (OAR) 660-012-0060 (the Transportation Planning Rule – TPR) and the traffic impact study provisions. “Significant” means the proposal would:
1. Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors). This would occur, for example, when a proposal causes future traffic to exceed the levels associated with a “collector” street classification, requiring a change in the classification to an “arterial” street, as identified by the city’s transportation system plan (“TSP”); or
2. Change the standards implementing a functional classification system; or
3. As measured at the end of the planning period identified in the city’s comprehensive plan, allow types or levels of land use that would result in levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; or
4. Reduce the performance of an existing or planned transportation facility below the minimum acceptable performance standard identified in the city’s comprehensive plan; or
5. Worsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the city’s comprehensive plan.
B. Amendments That Affect Transportation Facilities. Except as provided in subsection C of this section, amendments to the comprehensive plan and land use regulations which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function, capacity, and level of service of the facility identified in the TSP. This shall be accomplished by one of the following:
1. Adopting measures that demonstrate that allowed land uses are consistent with the planned function of the transportation facility; or
2. Amending the TSP or comprehensive plan to provide transportation facilities, improvements, or services adequate to support the proposed land uses; such amendments shall include a funding plan to ensure the facility, improvement, or service will be provided by the end of the planning period; or
3. Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation; or
4. Amending the planned function, capacity or performance standards of the transportation facility; or
5. Providing other measures as a condition of development or through a development agreement or similar funding method, specifying when such measures will be provided.
C. Exceptions. Amendments to the comprehensive plan or land use regulations with a significant effect on a transportation facility, where the facility is already performing below the minimum acceptable performance standard identified in the city’s comprehensive plan, may be approved when all of the following criteria are met:
1. The amendment does not include property located in an interchange area, as defined under applicable law;
2. The currently planned facilities, improvements or services are not adequate to achieve the standard;
3. Development resulting from the amendment will, at a minimum, mitigate the impacts of the amendment in a manner that avoids further degradation to the performance of the facility by the time of the development; and
4. The city provides a written statement that the proposed funding and timing for the proposed development mitigation are sufficient to avoid further degradation to the facility. [Ord. 304 Art. IV(6, 7), 2008; Ord. 290 § 3(9.060), 2006.]
18.200.070 Limitation on reapplications.
No application of property owner for an amendment to the text of this title or to the zoning map shall be considered by the planning commission within the one-year period immediately following a previous denial of such request, except the planning commission may permit a new application, if in the opinion of the planning commission, new evidence or a change of circumstances warrant it. [Ord. 290 § 3(9.070), 2006.]
18.200.080 Change of zone for manufactured dwelling parks.
If an application would change the zone of property which includes all or part of a manufactured dwelling park as defined by ORS 446.003, the city shall give written notice by first class mail to each existing mailing address for tenants of the manufactured dwelling park at 20 days, but not more than 40 days, before the date of the first hearing on the application. The failure of a tenant to receive notice which was mailed shall not invalidate any zone change. [Ord. 290 § 3(9.080), 2006.]