Chapter 9.30
COMPREHENSIVE PLAN AMENDMENT PROCEDURE
Sections:
9.30.070 Criteria for approval.
9.30.010 Purpose.
The purpose of this chapter is to provide procedures and criteria for the amendment of the comprehensive plan. [Ord. 286 § 1, 1987.]
9.30.020 Definitions.
“Commission” means the planning commission of the city of Halsey, Oregon.
“Comprehensive plan” means the comprehensive plan of the city of Halsey, Oregon, as passed by ordinance of the city council, and subsequent amendments thereto.
“Comprehensive plan amendment” means an amendment to the text or map of the comprehensive plan which has been adopted in accordance with the procedures as specified in this chapter. [Ord. 286 § 2, 1987.]
9.30.030 Application.
Application for amendment of the comprehensive plan may be initiated by:
(1) The city council of Halsey, Oregon.
(2) The planning commission.
(3) A special district or school district, if the amendment is requested for land within the district’s boundaries.
(4) Linn County, if the map amendment request is for property within the Halsey urban growth boundary but outside of the city limits or if the text amendment pertains to urbanization policy or areas outside the city limits.
(5) A property owner, a group of property owners, or the authorized agent of the owner(s) for property which is owned by the owner or owners.
(6) Any affected citizen or property owner within the Halsey urban growth boundary, for a plan text amendment. [Ord. 286 § 3, 1987.]
9.30.040 Filing.
Application for amendment of the comprehensive plan shall be filed on a form provided by the city recorder, according to the provisions of this chapter.
(1) Application for amendment of the comprehensive plan and the required fee shall be submitted to the city a minimum of 35 days in advance of the public hearing to be held before the commission.
(2) The city recorder shall refuse to accept an amendment application and the required fee if incomplete or inaccurate information has been submitted to process the application.
(3) Fees assessed for an application shall be established by resolution approved by the city council.
(4) Application for amendment of the comprehensive plan may be initiated to amend the plan map for a particular parcel or number of parcels, to amend the plan text, or to amend a combination of the plan map and text.
(a) An application to amend the plan map designation for a parcel or parcels to two or more map designations shall require two or more separate applications, although such applications may be consolidated into a single hearing. Approval of one application shall not mandate approval of the other application.
(b) An application to amend both the plan map and text shall require two separate applications and hearings: one to amend the map, one to amend the text. Approval of one application shall not mandate approval of the other application. [Ord. 286 § 4, 1987.]
9.30.050 Notice.
Notice of a public hearing before both the commission and the city council on a proposed comprehensive plan amendment shall be posted on the property, published in a newspaper of local circulation, and mailed to property owners who own property within 300 feet of the proposed comprehensive plan map change.
(1) Notice shall be mailed by first class mail to the affected owners at the address shown on the last available complete tax assessment roll not less than 21 days nor more than 28 days prior to the date scheduled for public hearing. The city recorder shall provide the list of property owners.
(2) Failure of the property owner to receive timely notice provided by the city in accord with this section shall not invalidate a recommendation by the commission or a final decision by the city council.
(3) Notice of the proposed plan map amendment indicating the date and time fixed for public hearing shall be posted and published not less than 21 days prior to the date of public hearings.
(4) Notice of an application to amend the comprehensive plan shall be transmitted to all affected special districts, school districts, city departments, and federal, state, county and regional agencies.
(a) Such notice shall be transmitted a minimum of 21 days prior to the date of public hearing to allow affected agencies sufficient time to comment on the proposed amendment.
(b) All agency comments received by the city recorder shall be made a part of the hearing record and shall be considered during the public hearing.
(c) Failure of an affected agency to receive notice of public hearing on a proposed amendment to the comprehensive plan shall not invalidate a recommendation by the commission or a final decision by the city council. [Ord. 286 § 5, 1987.]
9.30.060 Hearings.
(1) The commission shall conduct a minimum of one public hearing on an application to amend the comprehensive plan.
(a) A minimum of a simple majority of the total membership of the commission shall vote in favor of a recommendation to the city council on the proposed amendment.
(b) The commission shall render a recommendation on the proposed amendment within 70 days of the date of the first hearing. Failure of the commission to render a recommendation within the prescribed time shall result in a new public hearing before the city council without cost to the applicant.
(c) In issuing its recommendation, the commission may approve or deny the proposed amendment as submitted, or it may approve the amendment with modifications.
(2) The city council shall conduct a minimum of one public hearing on an application to amend the comprehensive plan.
(a) In making a final decision on the proposed plan amendment, the council shall consider any pertinent evidence, including the testimony of the public, comments by affected agencies, the city’s staff report, commission recommendations, the record of the commission hearing, and other such data.
(b) The council shall render a final decision on the application within 90 days of the date of the commission recommendation. Prior to a final decision on adoption of the comprehensive plan amendment, the amendment shall be submitted to the Department of Land Conservation and Development in accordance with the procedures of OAR 660-18, as amended.
(c) In issuing its final decision, the council may approve or deny the proposed amendment as submitted or it may approve the amendment with modifications.
(3) The burden of proof shall be upon the applicant to determine that each of the criteria for approval as outlined in HMC 9.30.070 can be met. [Ord. 286 § 6, 1987.]
9.30.070 Criteria for approval.
To approve an application for amendment of the comprehensive plan, findings shall be made that:
(1) The proposed amendment is consistent with and does not alter the intent of the applicable sections of the comprehensive plan.
(2) Other suitable locations are not presently available to accommodate the use for which the amendment is proposed.
(3) The proposed amendment will be compatible with adjacent land uses and will not adversely affect the land use pattern in the area.
(4) The proposed amendment will not have a significant negative impact on the public facilities and services of the area.
(5) The proposed amendment will not have a negative impact on the street system and other transportation facilities serving the area.
(6) Development limitations, such as soil and foundation suitability, and drainage problems will not adversely affect the land uses which would be permitted through the amendment. [Ord. 286 § 7, 1987.]
9.30.080 Review.
The city of Halsey shall review the comprehensive plan and related ordinances every two years.
(1) Under periodic review, revision of the comprehensive plan shall be either in the form of amendments which comply with this chapter or a complete revision of the comprehensive plan shall be undertaken. The review and revisions shall be consistent with state law and administrative rules.
(2) The city of Halsey shall take action to review and revise any major element or portion of the comprehensive plan prior to the scheduled review period if it is found that circumstances have drastically changed which render that element or portion as being no longer appropriate to serve the best interests of the Halsey community and its health, safety, and general welfare. [Ord. 286 § 7, 1987.]