PC Agenda Packet 3.14.2023 - Laserfiche WebLink

Attachment 1 applications, whether the applicant chooses to proceed under the discretionary track or the clear and objective track, will be reviewed in accordance with Type III application procedures in EC 9.7300 through 9.7340, which include a public hearing before the City's Hearings Official, unless considered concurrently with a Type IV or Type V application pursuant to EC 9.7400-9.7455 or EC 9.7500-9.7560. The procedures for Type IV and Type V applications include two required public hearings - one before the Planning Commission and one before the City Council. The City Council finds that Willamette River Greenway Code Amendments are consistent with this implementation measure. d. Provision is made forgiving notice of such hearing at least to owners of record of contiguous property and to any individual or groups requesting notice, and The Willamette Greenway Code Amendments update the City's notice requirements to ensure that notice of a public hearing on a Willamette Greenway permit application is provided to owners of record of property contiguous to the property that is the subject of the Willamette River Greenway application and to any individuals or groups requesting notice. The City Council finds that Willamette Greenway Code Amendments are consistent with this implementation measure. e. Provision is made to allow the imposing of conditions on the permit to carry out the purpose and intent of the Willamette River Greenway Statutes. EC 9.8812 and EC 9.8815 as amended by the Willamette River Greenway Code Amendments allow the City to impose conditions on the approval of a Willamette River Greenway Permit to ensure that the application complies with the applicable approval criteria. The City Council finds that Willamette Greenway Code Amendments are consistent with this implementation measure. f. As an alternative to the review procedures in subparagraphs 3(a) to 3(e), a city or county governing body may prepare and adopt, after public hearing and notice thereof to DOT, a design plan and administrative review procedure for a portion of the Green way. Such design plan must provide for findings equivalent to those required in subparagraphs 3(b)(1) and (2) of paragraph F so as to insure compatibility with the Greenway of proposed intensification, changes of use, or developments. If this alternative procedure is adopted and approved by DOT and LCDC, hearing will not be required on each individual application. The Willamette Greenway Code Amendments do not include or propose a Design Plan or alternative administrative review procedure according to these provisions of Goal 15. The City Council finds that this implementation measure is not applicable.' OAR 660-015-0005 G. sets out further noticing requirements to State agencies as follows: G. Notice of Proposed Intensification, Change of Use, or Development. Government agencies, including cities ...shall not authorize or allow intensification, change of use or development on lands within the boundaries of the Willamette River Greenway compatibility review area established by cities and counties as required by paragraph F 3.a. without first giving written notice to DOT by immediately ' The City's initially proposed version of the Willamette River Greenway Code Amendments included a "Design Plan" and alternative "administrative review procedure" (Type II Application Process) that would not have required a public hearing on Willamette River Greenway Permits reviewed under clear and objective approval criteria. The Willamette River Greenway Code Amendments have since been revised to maintain the City's public hearing procedures for all Willamette Greenway Permits (Type III application process). As such, the City need not seek approval from the Oregon Land Conservation and Development Commission under the provisions of OAR 660-015- 0005F.(3)(f). Instead, these amendments are subject to the normal procedures for Post-Acknowledgement Plan Amendments in accordance with ORS Chapter 197. Page 25 of 125 20