Chapter 4.12
COMPREHENSIVE PLAN AMENDMENTS
Sections:
4.12.200 Frequency of plan amendments.
4.12.500 Comprehensive plan map corrections.
4.12.600 Comprehensive plan map reviews.
4.12.100 Purpose.
The comprehensive plan is the official and controlling land use document of the city, providing guidance to both public and private activities which affect the growth, development, and livability of the community. The plan is intended to be a flexible document, reflecting changing circumstances and community attitudes through occasional amendments. This section provides a process whereby the comprehensive plan may be amended without violating the integrity of the plan or frustrating its basic purposes. This process applies to proposed changes to the comprehensive plan map designations, text and the urban growth boundary. (Ord. 08-06 § 3, 2008)
4.12.200 Frequency of plan amendments.
Applications for comprehensive plan amendments submitted by property owners shall be reviewed semi-annually in April and October by the planning commission. The city council, planning commission, or community development director may also initiate plan amendments. Such initiations are made without prejudice towards the outcome. (Ord. 08-06 § 3, 2008)
4.12.300 Procedure.
Requests for plan amendments determined by the community development director to be legislative in nature are reviewed through the legislative procedures stated in Article 4. Quasi-judicial requests are reviewed through the Type IV procedures of Article 4. Area-specific amendments, including map amendments outside of the city limits, are processed in accordance with the city-Marion County urban growth management agreement. (Ord. 08-06 § 3, 2008)
4.12.400 Review criteria.
Amendments to the comprehensive plan will be approved if the council finds that the applicant has shown that the following applicable criteria are met; the applicant shall bear the burden of proof.
A. A legislative amendment is consistent with the goals and policies of the comprehensive plan, the statewide planning goals, and any relevant area plans adopted by the city council.
B. A legislative amendment is needed to meet changing conditions or new laws.
C. The result of the legislative amendment will result in an improvement to the comprehensive plan that furthers the adopted goals, policies or needs of the community above the current comprehensive plan.
D. The requested designation for a quasi-judicial map amendment meets all of the following tests:
1. The requested designation for the site has been evaluated against relevant comprehensive plan policies and on balance has been found to be more supportive of the comprehensive plan as a whole than the old designation.
2. The requested designation is consistent with any relevant area plans adopted by the city council.
3. The requested designation is consistent with the comprehensive plan map pattern and any negative impact upon the area resulting from the change has been considered and deemed acceptable by the city.
4. An identified public need will be met by the proposed change that is not already met by other available property.
5. The requested designation is consistent with the statewide planning goals.
E. If the request for a comprehensive plan map or text amendment originates from a petition, the petitioner will bear the burden of proof. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)
4.12.500 Comprehensive plan map corrections.
The director may initiate a review through the Type I procedure for the types of corrections to the comprehensive plan map listed below:
A. The correction may be made for mapping errors, such as:
1. A map line that was intended to follow a topographical feature does not do so. “Topographical features” include the tops and bottoms of hillsides, the banks of water bodies, and center lines of creeks or drainage ditches;
2. The line on the map does not match the legal description or map shown or references in the ordinance which applied the designation; or
3. When there is a discrepancy between maps and there is clear legislative intent for where the line should be.
B. The correction may be made when a map line is based on the location of a reference item that has since been moved. Reference items are rights-of-way, tentative rights-of-way, utility easements and similar items. Map line changes in these cases must not be more than a minor change to the map pattern and must not result in any significant impacts to abutting lots. (Ord. 08-06 § 3, 2008)
4.12.600 Comprehensive plan map reviews.
A. Five-Year Review. The comprehensive plan shall be reviewed at a minimum of five-year intervals. These reviews will be thorough in nature and shall consider in depth the statement of goals, objectives, findings of fact and policies in each element of the plan. Special attention shall be directed toward a review of population increases and the projection of future land requirements.
B. Interim Review. Interim revisions can result from special circumstances or information that justifies the public need for a plan change or from a petition for a plan change.
C. The planning commission will coordinate these various reviews as the committee for citizen involvement in accordance with ORS Chapter 197. (Ord. 08-06 § 3, 2008)