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Ord 2053 - Amend Ord 1807 Quasi„, COUNCIL BILL NO. 1275 ORDINANCE NO. 2053 AN ORDINANCE AMENDING ORDINANCE 1807 REGARDING PROCEDURES CONCERNING QUASI~JUDICIAL LAND USE HEARINGS, AND DECLARING AN EMERGENCY. WHEREAS, the purpose of this amendment is to comply with House Bill 2288 concerning quasi-judicial land use hearings; and WHEREAS, in order to implement this state law it is necessary to amend the textual provisions of the Woodburn Zoning Ordinance; and WHEREAS, the Woodburn Planning Commission has conducted a hearing and approved said textual amendments; and WHEREAS, the Woodburn City Council has also conducted a hearing and approved said textual amendments; NOW THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: SECTION I. Ordinance 1807, Sections 7.030 and 7.040 are hereby amended to read as follows: Section 7 030 Notice of Initial Hearings on Proposed Actions: a) Public Notice Requirements: The following notification requirements shall apply to all actions to be considered at a public hearing: 1) Any documents or evidence relied upon by the applicant (submitted in addition to the initial complete application) shall be submitted to the Planning Division and made available to the public at least twenty days prior to the first evidentiary hearing; 2) Written notice of the public hearing shall be sent by mail at least twenty days prior to the initial hearing to the following: A) The applicant; B) All adjacent property owners within the following notification areas: * the notification area shall be deemed 100 feet from and parallel to the boundaries of the subject property for the following land use actions: - variance - conditional use permit - site plan for projects which construct a total of more than 4,000 sq tt; Page 1 - COUNCIL BILL NO. 1275 ORDINANCE NO. 2053 ,, * the notification area shall be deemed 250 feet from and parallel to the boundaries of the subject property for the following land use actions: - zone map amendment - comprehensive plan map amendment - mobile home park b) Contents of Written Notice Notice of hearing shall contain the following information: 1) The date, time and place of the hearing, staff representative and telephone number where additional information may be obtained; 2) Identification of the property owner and applicant and a description of the subject property; 3) An explanation of the nature of the proposed action and the proposed use or uses which could be authorized by the decision and a list of the criteria from the Woodburn Zoning Ordinance and the Comprehensive Plan that apply to the application and the decision; 4) A statement that interested parties may appear and be heard and that failure to raise an issue in a hearing, in person or by letter, or failure to provide sufficient specificity to afford the Planning Commission to respond to an issue precludes appeal to the Land Use Board of appeals based on that issue; 5) A statement that the application, all documents and evidence relied upon by the applicant and the applicable criteria are available for inspection at the Planning Division at no cost and copies will be provided at a reasonable cost; 6) A statement that at least seven days prior to the hearing a copy of the staff report for the hearing will be available for inspection at the Planning Division and copies will be provided at a reasonable cost. c) Continuance of Hearing: The hearing on the application may be continued from time to time and no additional notice need be given if the hearing is adjourned to a date certain, unless so ordered. Section 7.040. Decisions without hearing. A) The Planning Director shall have the authority to approve, deny or approve with conditions the following development applications: 1) lot line adjustment B) The decision shall not become effective until the Planning Commission has reviewed the application at its regularly scheduled meeting. C) The notice of the decision shall be sent to the applicant. Page 2 - COUNCIL BILL NO. 1275 ORDINANCE NO. 2053 .. SECTION II. Sections 11.040(a) through 11.040(b) of Ordinance 1807 (The Woodburn Zoning Ordinance) are amended as follows: Section 11 040(a) Procedure for projects which construct a total of less than 4.000 dross sauare feet: 1) Projects shall be reviewed by staff and the applicant at the preapplication conference: 2) The Planning Director may approve or deny the application for a notice of the decision shall be sent to: A) The applicant B) All property owners within 100 feet of the subject property 3) The decision shall not become effective until: A) The Planning Commission has reviewed the site plan and the director's notice of the decision at ks regularly scheduled meeting. The Commission shall call a hearing if they wish to discuss the site plan or the decision. 4) An appeal from the director's decision shall be to the Planning Commission. The appeal shall be a de novo hearing. The notice of the hearing shall be sent to: A) The applicant B) All property owners within 100 feet of the subject property Section 11 040(b) Procedure for Droiects which construct a total of more than 4,000 gross square feet: 1) Notification area -- the notification area shall be deemed 100 feet from and parallel to the boundaries of the subject property. 2) The Planning Commission shall review the site plan at a hearing in which the applicant has received at least 20 days prior notice. 3) The Commission shall decide to grant or deny the permit, and shall make findings as to why the permit was granted or denied and may attach any other applicable Ordinances, the City's Comprehensive Plan, and the City's Development and Engineering Standards. SECTION III. These amendments to Ordinance 1807 are based upon the input received at the public hearings and the staff report labeled Exhibit "A" and by the reference incorporated herein. Page 3 - COUNCIL BILL NO. 1275 ORDINANCE NO. 2053 _. SECTION IV. Emergency Clause: This ordinance being necessary for the immediate preservation of the public peace, health, and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to form: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: ~CL~-~~ Mary T Want, Deputy Recorder City of Woodburn, Oregon City Attorney Date APPROVED:~Q W FRED W. KYS OR February 11, 1991 February 12, 1991 February 12, 1991 February 12, 1991 Page 4 - COUNCIL BILL NO. 1275 ORDINANCE NO. 2053 ~,. EXEIIBIT "A" FEE SCHEDULED DESCRIPTION OF LAND USE ACTION Annexations Zone map amendment Comprehensive plan amendment Conditional Use Variance Appeal of land use action to City Council Minor partition Major partition Subdivision P.U.D. Site plan review - Based on square footage: Under 4,000 sq. fr. $ 50 4,000 sq fr. - 24,999 sq. fr. $200 25,000 sq. fr. - 99,999 sq. fr. $350 100,000 sq. fr. + $400 FEE $400 $400 $400 $200 $200 $100 (in addition to original application fee.) $ 75 $300 $400 + $10 per lot $400 + $10 per unit STAFF REPORT ZONING ORDINANCE AMENDMENT #90-04 REQUEST: TO AMEND THE CHAPTER 7. PUBLIC HEARINGS AND CHAPTER 11. SITE PLAN REVIEW OF THE WOODBURN ZONING ORDINANCE STAFF COMMENTS: The purpose of this amendment is to comply with House Bill 2288. The law amended several provisions of Oregon's land use laws. In order to comply with this new law, local comprehensive plans and land use regulations must incorporate the following procedures concerning quasi-judicial land use hearings: 1. An issue for an appeal to LUBA must be raised at the local hearing. The issue must be raised with sufficient specificity to allow an adequate opportunity to respond. 2. Notice of the hearing must be provided to the applicant and property owners within 100 feet from the subject property 'rf the property is located within the city limits. 3. Notice must include items of information specified in the statute. Notice must be mailed 20 days before the hearing or, if more than one hearing, 10 days before the first hearing. 4. All evidence relied upon by the applicant must be submitted and available when the notice of the hearing is provided. Staff reports must be available seven days prior to the hearing. 5. At the hearing, a statement must list applicable decision criteria, state that testimony must be directed toward these criteria, and that failure to raise an issue with sufficient specificity precludes appeal to LUBA on that issue. 6. If requested, the record of the hearing must remain open for at least seven days. 7. When a hearing is reopened, any person may raise new issues. 8. Failure to receive notice shall not invalidate a proceeding if such notice was given. Enclosed you will find the following exhibits attached to the staff report: EXHIBIT A. PROPOSED AMENDMENTS TO CHAPTER 7. PUBLIC HEARINGS AND CHAPTER 11. SITE PLAN REVIEW OF THE ZONING ORDINANCE. EXHIBIT B. AN EXAMPLE OF A PUBLIC NOTICE WE SEND TO SURROUNDING PROPERTY OWNERS AT LEAST 21 DAYS PRIOR TO THE HEARING. EXHIBIT C. THE STATEMENT WHICH IS READ AT THE HEARING LISTING ALL APPLICABLE CRITERIA. EXHIBIT D. AN EXAMPLE OF THE AFFIDAVIT WE PROCESS TO PROVE THAT ALL REQUIRED NOTICES WERE SENT TO PROPERTY OWNERS. .,, proposed HR a?F•°• ame:,dments CHAPTER 7. PUBLIC HEARINGS SECTIONS TO BE AMENDED C *~~ Section 7. 030. Notice of Public Hearing= Upon the fixing of the time of public hearing on all matters before the Planning Commission, the Planning Director shall give notice as set forth in this chapter to all persons particularly interested and to the general public. The notice shall set forth the time and place of hearing, the nature of the action er change which has been requested, and z brief description of the property involved. Sec*ion 7 X40 Mailing Notices. Notices of public hearing to be held by the Planning Commission shall 6e mailed to each property owner within the notification arez at least 10 days prier to the date c,f the hearing. Failure to receive such notice by mail shall net affect the validity of the proceedings.++*1 PROPOSED AMENDMENTS TO SECTION 7.030 AND 7.040 Section 7 030 Notice of Initial Hearings on Proposed Actions: a) Public Notice Requirements: The following notification requirements shall apply to all actions to be considered at a public hearing: i) Any documents or evidence relied upon by the applicant (submitted in addition to the initial complete application ) shall be submitted to the Planning Division and made available to the public at least twenty days prier to the first evidentiary hearing: 2) Written notice of the public hearing shall be sent 6y mail at least twenty days prior to the initial hearing to the following: A) The applicant; B) All ad9acent property owners within the fallowing notification areas: +~ the notification area shall be deemed 100 feet from and parallel to the boundaries of the subject property for the following land use actions: - variance; - conditional use permit; - site plan for proiects which construct a total of mere than 4404 sq ft; * the notification area shall be deemed 250 feet from and parallel to the boundaries of the subaect property for the fallowing land use actions; - zone map amendment; - comprehensive plan map amendment; - mobile home park; b) Contents of Written Notice: Notice of hearing shall contained the following information: 1) The date, time and place of the hearing; staff representative and telephone number where additional information may be obtained; 2> Identification of the property owner and applicant and a description of ExHis~r 4~N r-xr~iQ~T ~~a• p.2 ... _ __._u-___._._.._..~-____~.___ . ________ proposed HB 2288 amendments the subject property; 3) An explanation of the nature of the proposed action and the proposed use or uses which could be authorized by the decision and a list of the criteria from the Woodburn Zoning Ordinance and the Comprehensive Plan that apply to the application and the decision; 4> A statement that interested parties may appear and be heard and that failure to raise an issue in a hearing, in person or 6y letter, er failure to provide sufficient specificity to afford the Planning Commission to respond to an issue precludes appeal to the Land Use Board of Appeals based on that issue; 5) A statement that the application , all documents and evidence relied upon 6y the applicant and the applicable criteria are available for inspection at the Pannin4 Division at no test and copies will be provided at a reasonable cost; 61 A statement that at least seven days prior to the hearing a copy of the staff report for the hearing will 6e available for inspection at the department andcopies will be provided at a reasonable cast. c? Continuance of Hearing: The hearing on the application may 6e continued from time to time and no additional notice need be given if the hearing is adjourned to a date certain, unless se ordered. Section 7. 040. Decisions without hearing. A) The Community Development Director shall have the authority to aprove. deny or approve with conditions the fallowing development applications: 1) lot line adjustment B) The decision shall not become effective until the Planning Gommission has reviewed the application at its regularly scheduled meeting. G? The notice of the decision shall be sent to the applicant EXNIS~r "A' p.2 prnpased HS 2288 amendments CHAPTER 11. SITE PLAN REVIEW SECTIONS TO 8E AMENDED: r**~ SECTION 11. 040.b. Procedure far projects which construct a fatal of mare than 4000 gross square feet: 1) The Planning Commission shall review the Site Plan at a hearing in which the applicant has received at least 10 days prior notice. 2) The Commission shall decide to grant or deny the permit, and shall make findings as to why the permit was granted er denied and may attach any conditions deemed necessary for compliance with this ar any other applicable Ordinances, the Gity's Comprehensive Flan, and the City's Development and Engineering Standards ~** 7 PROPOSED AMENDMENTS TO SECTI~! 11.040.b.: Procedure for projects which construct a total of more than 4000 gross square feet: 1) Notification area -- the notification area shall be deemed 100 feat from and parallel to the boundaries of the subject property. 2) The Planning Commission shall review the Site Plan at a hearing in which the applicant has received at least 20 days prior notice. 3) The Commission shall decide to grant or deny the permit, and shall make findings as to why the permit was granted or denied and may attach any other applicable Ordinances} the City's Comprehensive Flan, and the Gity's Development and Engineering Standards. SECTION TO BE AMENDED: SECTION 11. 040.a C+~--x-~- Procedure {r•r projects which rc:nstruct a tr:tal of less than 4000 gross square feet: 1) Project shall to reviewed by staff, the secretary of the Planning Commission, ar~d the appli-ant at the pre-application conference. 2) After all staff input is considered at the pre-application carfererlce the serr?tary shall write an order granting or denying a permit, ma:=:ing find;nns as to wh•- the pe±-mit wa- granted ar denied, and attaching any ? hir car other a livable _ ~r,dai~ans deemed leCa~__,...1-y {Lc,r comg-fiance with t - _ pp _. dl r~a:if FCC ii:E rl t.r.: __=.:~Tp rf?I:P r~~l"JP ..r-,lcP~ a:ld tiiP ui t`r`5 ry~Veiap?Tle ilt ::l i:• ~_~i n~:_riylg _ ~.n _... ___ _. Tf:.c _~ da=l r-.._lf i'?[i. ~T..:F r'','{..+i L5'v_ ~i.tlti i T4- ^ja..J ';l ll: _af F.'y{.'=tan t`:^'= _y lCl:.':_+d ~~ : ._ _ ya'- at it i_xt =qnj ~_ y _r hc-~ c-r :-:~a~ii~:-, ._._ '~nf:^~icc i'=.". 9h ~.__ r_:.la _. ~:adi-i r,- __ ".;h ~v .__.. __ a._____ t"_ ____ _a.n _- i''~.-~_r:i fir. R'_:`___ _~a.Ti b? li;r:i taf`. tr: th c. . - "-- ExHr,6ir `A" n.3 -~ pronesed H8 2288 zm~~dments FFOPOSED AMENDMENT TO SECTION 11.444. a) SECTION 11. 444. a) Procedure for projects which construct a total of less than 4n00 gross squire feet: 1) Projects shall 6e reviewed by staff and the applicant at the pre- application conference: 2) The Community Development Director may approve or deny the application for a notice of the decision shall be sent to: A) The applicant; R) All property owners within 144 feet of the subject property; 3) The decision shall net 6eceme effective until: A) The Planning Commission has reviewed the Site Plan and the Director's notice of the decision at its regularly scheduled meeting. The Commission shall call a hearing if they wish to discuss the Site Plan er the decision. 4) An appeal from the Director's decision shall be to the Planning Commission. The appeal shall be a de Hove hearing. The notice of the hearing shall 6e sent te: A) The applicant; 8) All property owners within 144 feet of the subject property. EXN~,BI r "A • p y NOTIC~ dF PUBLIC [ ~:ARtNG AFFECTING THIS AREA` 1) Te consider an amendment to the Woodburn Planning Commission to consider an amendment to the Woodburn Zene Map to rezone an approximately 3.22 acre parcel from SR (Siren le Family Residential District) to PS (Public Services District) with concurrent Comprehensive Plan Amendment from Low Density Residential. 2) To consider an application for site plan review to develop a. ster age facility. The property is located at Cleveland Street ( see the map ). , APPLICANT: CITY OF WOODBURN NEARING TIME: 7:00 P.M. HEARING DATE: DECEMBER 13, 1990 APPLICABLE ORDINANCE AND COMPREHENSIVE PLAN CRITERIA: 1) Woodburn Zeni na Ordinance a) Chapter 10. Offi-Street Parking. Leading t< Driveway Standards h) Chapter 11. Site Plan Review c) Chapter 15. Zene Changes d) Chapter 16. Cemprehensi ve Plan Amendments e) chapter 37. Public, Semi-Public L Government District INFORMATION: a) A copy of the application, all documents and evidence relied upon by applicant and app licah le criteria are availah le for inspection at no test and will 6e provided at a reasonable cost. 6) A copy of the staff report will be available for inspection at no test at least 7 tlays prior to the hearing and will 6e provided at reasonable cost. CONTRCT PERSON FOR RDDIT TONAL INFORMATI ONr Barbara982~5246a. City Planner, pNY PERSON WISHING TO SPEAK EITHER FOR OR RGRINST THIS PROPOSAL MAY DO 50 IN PERSON OR BV ATTORNEY RT THE PUBLIC HEARING. RLSO WRITTEN COMMENT MAY BE FILED WITH THE PLANNING DIRECTOR OR SUBMITTED AT THE TIME OF THE HERRING. ROBERTS RULES ARE FOLLOWED RT THIS HEART N6. THE FAILURE OF AN ISSUE TO BE RAISED IN A HERRING, IN PERSON OR BY LETTER, DR FAILURE TO PROVIDE SUFFICIENT SPECIFICITY TO RFFORD THE DECISION MAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES APPEAL TO THE LAND USE DQOARD OF APPERLS BASED ON THRT ISSUE. /~ ~/ ~ I ~ I T ^G , EXH1161T'B~' L./~ NATURE DF APPLICATION/PROPOSED USE: r STATEMENT PURSUANT TO ORS 197.763 Chairman/Mayor, members of the Commission/Council, and members of the audience: This is the time set fora public hearing in Case(s) [read case name(s)]. The nature of the application is _ [read nature lication from of a notice]. The applicant is [name of applicant]. pp The applicable substantive criteria are listed in the notice of public hearing and are tread citations to applicable criteria as they appear on the notice]. The full text of all listed criteria is printed in the staff report which has been distributed prior to this hearing and is also available now for inspection by any interested person. The testimony and evidence presented at this hearing must be directed toward the listed criteria or other criteria in the Comprehensive Plan or land use regulations which you believe to apply to the application. The failure to raise an issue with sufficient specificity to afford the decision maker and the parties an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based upon that issue. We shall now follow the hearing procedure listed on the board and begin hearing testimony D5/17 , CASE NO(S): STATE OF OREGON ) ss. County of Marion ) AFFIDAVIT PURSUANT TO ORS 197.763 I, being first duly sworn Name of Employee upon oath do depose and say as follows: That I am an employee of the City of Woodburn. That on I mailed copies of the Date notice attached to this affidavit as Exhibit "A" to the applicant and to each of the individuals whose names appear on Exhibit "B" attached to this affidavit. The notices were placed in sealed envelopes addressed as noted in Exhibit "B", and were deposited in the United States h1ai1 at Woodburn, Oregon, with postage thereon prepaid. That the names and addresses contained in Exhibit "B" represent owners of record in the notification area as provided by ORS 197.763, said names and addresses being supplied by the applicant. Dated this day of 19 Subscribed and sworn to before me this day of 19 Notary Public for Oregon My Commission Expires: CXH/8/T ''D'' FX H/f3/T "D "