18.5.1.070 Type III (Legislative Decision)

Type III actions are reviewed by the Planning Commission, which makes a recommendation to City Council. The Council makes final decisions on legislative proposals through enactment of an ordinance.

A. Initiation of Requests. The City Council, Planning Commission, or any property owner or resident of the city may initiate an application for a legislative decision under this ordinance. Legislative requests are not subject to the 120-day review period under subsection 18.5.1.090.B (ORS 227.178).

1. Application Form and Fee. Legislative applications shall be made on forms provided by the Staff Advisor.

2. Submittal Information. The application shall contain all of the following information.

a. The information requested on the application form.

b. A map and/or plan, as applicable, addressing the appropriate criteria and standards in sufficient detail for review and decision.

c. A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail.

d. Information demonstrating compliance with all prior decision(s) and conditions of approval for the subject site, as applicable.

e. The required fee, except when the City initiates the request.

f. Other information the Staff Advisor deems necessary to provide a complete application.

C. Procedure. Public hearings on Type III actions are conducted similar to City Council hearings on other legislative proposals, except the criteria for approval include, as applicable, those contained in chapter 18.5.9 Comprehensive Plan, Zoning, and Land Use Ordinance Amendments, and chapter 18.5.8 Annexations.

D. Notice of Public Hearing. Notification procedure for Type III actions is as follows.

1. The Staff Advisor shall notify in writing the Oregon Department of Land Conservation and Development (DLCD) of legislative amendments to the Comprehensive Plan, Zoning Map, or Land Use Ordinance at least 35 days before the first public hearing at which public testimony or new evidence will be received.

2. At least 20 days but not more than 40 days before the date of the first hearing on an application to legislatively amend the Comprehensive Plan, Zoning Map, or this ordinance, the City shall mail notice of such hearing to:

a. Each owner whose property is rezoned in accordance with ORS 227.186; and

b. For a zone change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175.

3. At least ten days before the scheduled Planning Commission and City Council public hearing dates, public notice shall be published in a newspaper of general circulation in the City. The notice shall include the time and place of the public hearing, and a brief description of the proposed amendment.

E. Final Decision, Effective Date, and Notice of Decision. Where a Legislative proposal is approved pursuant to this ordinance, it becomes final and takes effect as specified in the enacting ordinance. Where the proposal is not approved, the decision to deny is final on the date the decision is mailed to the applicant; or where the applicant is the City, the decision is final on the date the City Council makes its decision. A notice of a legislative land use decision shall be mailed to the applicant, all parties of record, those groups or individuals who requested notice of the decision, and DLCD.