Department of Land Conservation and Development 635 Capitol Street, Suite 150 Salem, OR 9730 1-2540 (503) 373-0050 Fax (503) 378-5518 w w w . lc d. s tat e. or. us /Bra 12/19/2011 TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments FROM: Plan Amendment Program Specialist SUBJECT: City of Hillsboro Plan Amendment DLCD File Number 008-11 The Department of Land Conservation and Development (DLCD) received the attached notice of adoption. A Copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local government office. Appeal Procedures* DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Monday, January 03, 2011 This amendment was submitted to DLCD for review prior to adoption pursuant to ORS 197.830(2)(b) only persons who participated in the local government proceedings leading to adoption of the amendment are eligible to appeal this decision to the Land Use Board of Appeals (LUBA). If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals (LUBA) no later than 21 days from the date the decision was mailed to you by the local government. If you have questions, check with the local government to determine the appeal deadline. Copies of the notice of intent to appeal must be served upon the local government and others who received written notice of the final decision from the local government. The notice of intent to appeal must be served and filed in the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at 503-373-1265, if you have questions about appeal procedures. *NOTE: The Acknowledgment or Appeal Deadline is based upon the date the decision was mailed by local government. A decision may have been mailed to you on a different date than it was mailed to DLCD. As a result, your appeal deadline may be earlier than the above date specified. NO LUBA Notification to the jurisdiction of an appeal by the deadline, this Plan Amendment is acknowledged. Cc: Debbie Raber, City of Hillsboro Angela Lazarean, DLCD Urban Planner Anne Debbaut, DLCD Regional Representative NOTICE OF ADOPTED AMENDMENT N ^ S 2 DLCD Notice of Adoption i'hii i'onn 2 niust be mailed to DLCD witlim S-Worklna Pays iifter thc Final Ontimnux- js siancd by Lhe public Officiai Detignated by ihc jurisdietioti and ail other requis emerits of ORS 197.615 aiid OAlt 660-01 K-000 H -I—¡3 pi non G elicîi'tmic D jnaj'.ïd î DEPTOF E 3 DEC M 2011 : LAND CONSERVATION : , AND DEVELOPMENT RI Fti Oiîi:i Uli Ollh Jurisdiction: Hillsboro Local file number: ZOA 5-11 Date of Adoption: 12/6/2011 Date Mailed; 12/13/2011 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? [X] Yes • No Date: 10/13/2011 • Comprehensive Plan Text Amendment L j Comprehensive Plan Map Amendment tand Use Regulation Amendment Q] Zoning Map Amendment ¡ • N e w Land Use Regulation • Other: Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". Amendment to E lillsboro Zoning Ordinance (HZO) Section 112 clarifies Planning Commission authority to conduct concurrent public hearings on Zoning Ordinance Amendments cheating new zones and Zone Changes applying the new zones. Does the Adoption differ from proposal? Yes, Please explain below: Proposal included an amendment to HZO Section 11ft (to clarify City Council's authority to conduct hearings on ZOAs and as well as on ZCs). which was deleted by Planning Commission, Adopted ordinance also includes as findings a second staff report showing changes in annotations - final language remains the same as originally proposed. Plan Map Changed from: N/A to: N/A Zone Map Changed from; N/A to: N/A Location: N/A Acres Involved: 0 Specify Density: Previous: N/A New: N/A Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 12 • • • • • • • • • • • • • • • • • • Was an Exception Adopted? • YES ^ NO Did DLCD receive a Notice of Proposed Amendment... 45-days prior to first evidentiary hearing? E l Yes • No If no, do the stale wide planning goals apply? ÜH Yes • No DLCD File No. 008-11 (19013) [16864] If no, did Emergency Circumstances require immediate adoption1? D Yes • No DLCD file No, Please list all affected State or Federal Agencies, Local Governments or Special Districts: Metro Local Contact: Deborah Räber Address: 150 E. Main Sireet City: (JtMsboro Zip: 97123- Phone: (503)681-6155 Extension: Fax Number 503-681-6245 E -ma i I Ad d ress : dtbbier@ci. hi J Is ho r n.o i\us ADOPTION SUBMITTAL REQUIREMENTS This Form 2 .must be rereived b\ DLCD m> lajer lhan 5 working davs alter the ordinance has been aiened hv the public official designated by the jurisdiction to sign the .approved ordinancefsj perORS 197.615 and OAR Chapter 660. Division 18 1. I his Form 2 must be submitted by local jurisdictions only (not by applicant). 2. When submitting the adopted amendment, please print a completed copy of Foan 2 on light green paper U"available. 3. Send [his Form 2 and one complete paper copy (documents and maps) of the adopted amendment to the address 4. Submittal of this Notice of Adoption must include the final signed ordinancefs), all supporting finding(s), exhibit(s) and any other supplementary information (ORS 197.615 ). 5. Deadline to appeals to LUBA is calculated twenty-one (211 days from the receipt (postmark date) by IJ LCD of the adoption fORS 197.830 to 197.845 ). 6. In addition to sending the Form 2 - Notice of Adoprion to DLCD. please also remember to notify persons who participated in the local hearing and requested notice of the final decision. 10RS l9T61i ), 7. Submit one complete paper copy via United States Postal Sen ice, Common Carrier or Hand Carried to the DLCD SMem Office and damped with the incoming date stamp. 8. Please mail the adopted amendment packet lo: Need Mori' Copie*? Please print forms on 8/S -1/23:11 green paper only if available, if you have any questions or would like assistance, please contact your DLCD regional representative or contact the DLCD Salem Office al (503) 373-0050 x238 ore-mail plan.aniendments&'statc.or.us. ATI EN 1 ION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 973QI-2540 httpt//www.0reE0n.pQtf/LCD/f0rrn5.shtml I'pdaterf April 22t 2DÌ1 ORDINANCE NO. 5998 ZOA 5-11: LEGISLATIVE ZONE CHANGES AN ORDINANCE AMENDING HILLSBORO ZONING ORDINANCE NO. 1945 SECTION 112, CLARIFYING PROCESSING OF LEGISLATIVE ZONE CHANGES, AND DECLARING AN EMERGENCY. WHEREAS, Zoning Ordinance Section 112 specifies the processes for initiating legislative Zoning Ordinance text amendments and quasi-judicial Zoning Map amendments (zone changes), and WHEREAS, Section 112 does not specifically state the City's ability to initiate and process broad-scale legislative zone changes needed following creation of new zones, and WHEREAS, the Planning Commission believed it appropriate to amend Section 112 to clarify the City's ability to process legislative and quasi-judicial text amendments and map changes concurrently in a single process (legislative zone changes), and WHEREAS, the Planning Commission therefore initiated the proposed amendments on October 8, 2011 through adoption of Order No. 8057, and WHEREAS, the Planning Commission held a public hearing on the proposed amendments on November 30, 2011, received no testimony, directed staff to delete proposed amendments to Section 116, and adopted Order No. 8058 recommending City Council approval of the proposed amendments, with the Planning Department staff reports dated November 22 and November 30,2011 as findings in support, and WHEREAS, the City Council considered the Planning Commission's recommendation at its regular meeting on December 6, 2011, and adopts the Planning Commission's findings attached hereto as Exhibit A in support of their decision. NOW, THEREFORE, THE CITY OF HILLSBORO ORDAINS AS FOLLOWS: Section 1. Zoning Ordinance Section 112 is amended to read as follows, with added language in bold italics and deleted language overstruck: Section 112. Authorization to Initiate Amendments. (1) Amendment to the text of this Ordinance may be initiated by the City Council or Planning Commission. Consideration of amendments to the text of this Ordinance Public hearings on text amendments shall be by held before the Planning Commission. Page 1 of 2 (2) A Zoning map amendment may aise be initiated by the Planning Commission, City Council, or by application of the property owner or an authorized agent. Applications Public hearings on owner-initiated Zoning map amendments shall be heard by held before the Planning and Zoning Hearings Board. Consideration of amendments to the text of this Ordinance shall be by the Planning Commission. Public hearings on city-initiated Zoning Map amendments shall be held before the Planning Commission. (3) The term "amendment" shall not include, and the procedure for amendment shall not apply to, non-substantive changes in this Ordinance or to any of the following revisions which shall be carried out on a continuing basis by the Planning staff to insure accuracy of the zoning map: (a) Addition of recorded subdivision plats, recorded land partitioning, recorded street or alley dedications, public facility locations, new street names; (b) Deletion of vacated subdivision plats, vacated streets or alleys, street names which have been changed, subdivision lot numbers where resubdivisions have occurred or where amended plats have been recorded, old city limit lines; (c) Inclusion within the city limits of annexed areas and exclusion of areas withdrawn from the city; (d) Name changes involving streets or alleys; or (e) Other similar revisions which do not affect zone boundaries. Section 2. This ordinance clarifies existing policy and that clarification would be of immediate benefit to City officers and commissions. An emergency is declared. This ordinance is effective immediately upon its passage and approval by the Mayor. tfi Approval and adoption by the Council on this 6 day of December 2011. tfi Approved by the Mayor this 6 day of December 2011. ATTEST: ayor x age ¿, o f 2 EXHIBIT A CITY OF HILLSBORO November 22,2011 STAFF REPORT TO: Planning Commission FROM: Planning Department RE: Proposed Zoning Ordinance text amendment - Case File No. ZOA 5-11: Legislative Zone Changes REQUEST Planning staff requests that the Planning Commission adopt the attached Order recommending City Council approval of text amendments to Zoning Ordinance Sections 112 and 116, to ...sgscifically authorize the initiation and processing of "legislative zone changes". The Planning Commission initiated the proposed Zoning Ordinance text amendments on October 8th through adoption of Order No. 8057. Notice of the amendments was sent to DLCD and published three times in the Hillsboro Argus as required by HZO Section 116. BACKGROUND Zoning Ordinance Section 112 clearly authorizes the City Council or the Planning Commission to initiate Zoning Ordinance text amendments (ZOAs), and states that public hearings on such "legislative" amendments will be held before the Planning Commission. Sections 97 and 112 also authorize the City Council or the Planning Commission to initiate "quasi-judiciaP'zone changes (ZCs), but states that the public hearings on ZCs will be held before the City Council (in the case of annexations) or the Planning and Zoning Hearings Board (for properties already within the city limits). The Code is less clear on the process for reviewing a broad-scale ZC initiated in conjunction with a ZOA creating a new zone. In 2010 and 2011 the City processed two broad-scale ZCs in conjunction with ZOAs creating new zones. Two different processes were followed. On the Airport Safety and Compatibility Overlay zoning in 2010, the ZC public hearing was held before the Planning and Zoning Hearings Board after the ZOA was adopted. On the SCC-DT zone in 2011, the ZC hearings were held before the Planning Commission in conjunction with the ZOA creating the new zone The latter process is supportable legally under Municipal Code Section 2.40, but additional clarity in the Zoning Ordinance is desirable for future amendments such as AmberGlen and South Hillsboro. Planning Department • 150 East Main Street, Fourth Floor, Hillsboro, Oregon 97123-4028 • 503/681-6153 • FAX 503/681-6245 AN EQUAL OPPORTUNITY EMPLOYER PC staff report on ZOA 5-11 - November 22 2011 2 To clarify the Planning Commission's authority to conduct public hearings on both ZOAs creating new zones and the broad-scale "legislative ZCs" implementing them, Planning staff proposes revising Zoning Ordinance Section 112 as shown in the attached draft Order. Staff notes that ZOAs and ZCs processes have different notification requirements, all of which must be followed in a.concurrent process. Planning staff also requests that the Commission consider amending HZO Section 116 to clarify City Council's authority to conduct hearings on ZOAs or ZCs. The Council currently holds public hearings on annexation ZCs under HZO 97: the proposed amendment would allow the Council to conduct their own hearings on ZOAs or ZCs as the Council deems appropriate. The recommended changes to Section 116 are also shown in the attached draft Order. RECOMMENDATION Planning staff requests that the Planning Commission recommend City Council approval of the amendments to HZO Sections 114. and 116 by adopting the attached draft Order No. 8058. Respectfully submitted, CITY OF fflLLSBORO PLANNING DEPARTMENT Deborah A. Raber AICP Planning Project Manager Attachments: draft Order uhi,¡!,¡„mili