Chapter 17.380 AMENDMENTS TO THE PLAN AND/OR THIS TITLE

Chapter 17.380
AMENDMENTS TO THE PLAN AND/OR THIS TITLE

Sections:

17.380.050 Effective date.

17.380.010 General.

It will be necessary to amend the comprehensive plan or the text of this title in order to remain in conformity with state law, Oregon Administrative Rules and other policies, and whenever public necessity, convenience, and welfare require it.

Such amendments are legislative acts, solely within the authority of the city council. However, as a land use action, any amendment shall be subject to a thorough review of the issues and factual information, evaluation of alternative measures, and public review and input. [Ord. 320, 2002; Ord. 93 § 5.19.1, 1987].

17.380.020 Initiation.

An amendment may be initiated through:

(1) Motion, and upon majority vote of the city council or planning commission.

(2) The public works and development department.

(3) A request of a property owner or the property owner’s authorized representative. [Ord. 320, 2002; Ord. 93 § 5.19.2, 1987].

17.380.030 Hearing.

A public hearing shall be scheduled before the planning commission. The hearing shall be conducted in accordance with Chapter 17.300 CBMC. [Ord. 320, 2002; Ord. 93 § 5.19.3, 1987].

17.380.040 Decision.

The planning commission shall make a recommendation to the city council to enact or not enact amendments. The city council shall hold a public hearing following the planning commission hearing. The council shall review the record, including staff comments, and planning commission recommendation and shall enact, enact with conditions, or not enact the proposed amendment. The city council will allow additional evidence to be presented at the time of the public hearing.

The council shall take action only after making findings of fact which establish:

(1) For a proposed title text amendment:

(a) An acceptable rationale which supports the need for the amendment; and

(b) The amendment complies with the applicable provisions of the comprehensive plan.

(2) For a proposed plan amendment:

(a) Identification of new planning problems and issues;

(b) Collection and analysis of inventories and other pertinent factual information;

(d) Selection of appropriate policy directives based upon consideration of social, economic, energy and environmental needs.

(e) Amendments to the comprehensive plan shall assure that allowed land uses are consistent with the function, capacity, and performance standards of the transportation system plan. This assurance shall be accomplished by one of the following:

(i) Limiting allowed land uses to be consistent with the planned function of the affected transportation facility; or

(ii) Amending the transportation system plan to ensure that existing, improved, or new transportation facilities are adequate to support the proposed land uses consistent with requirements of the Transportation Planning Rule (OAR 660 Division 12); or

(iii) Altering land use designations, densities, or design standards to reduce demand for automobile travel and meet travel needs through other modes; or

(iv) Amending the TSP to modify the planned function, capacity and performance standards, as needed, to accept greater vehicle congestion where multi-modal travel choices are provided.

(3) The change will be consistent with the functions, capacities and levels of service of facilities identified in the adopted Coos Bay transportation system plan. [Ord. 344, 2004; Ord. 320, 2002; Ord. 93 § 5.19.4, 1987].

17.380.050 Effective date.

Upon approval of the proposed amendment, the city council shall direct the preparation of an ordinance declaring the change. The proposed amendment will become effective 30 days after enactment of the ordinance, unless an appeal is filed. [Ord. 320, 2002; Ord. 93 § 5.19.5, 1987].