Title
Appeal of Decision to Deny Public Improvement Modification Request (Planning File AP-15-0001: Appeal of PI-15-0001)
Body
RECOMMENDED ACTION (Motion):
Staff recommends that the City Commission deny the appeal.
BACKGROUND:
Please see the attached memorandum from the City Attorney.
The applicant's proposal to modify the requirement for street improvements was denied 10/02/2015. The Community Development Director's decision is being appealed by the applicant (Appeal AP-15-0001).
Pursuant to OCMC 17.50.190 - Appeals.(D)(1), for Type II decisions, only those persons or recognized neighborhood associations who have standing pursuant to ORS 197.175(10)(a)(C) may appeal a planning manager decision.
The city commission shall hold a de novo hearing on the appeal. New evidence and new issues may be raised at the hearing before the City Commission.
Pursuant to OCMC 17.50.120.(E). At the beginning of the initial public hearing at which any quasi-judicial application or appeal is reviewed, a statement describing the following shall be announced to those in attendance:
1. That the hearing will proceed in the following general order: staff report, applicant's presentation, testimony in favor of the application, testimony in opposition to the application, rebuttal, record closes, commission deliberation and decision;
2. That all testimony and evidence submitted, orally or in writing, must be directed toward the applicable approval criteria. If any person believes that other criteria apply in addition to those addressed in the staff report, those criteria must be listed and discussed on the record. The meeting chairperson may reasonably limit oral presentations in length or content depending upon time constraints. Any party may submit written materials of any length while the public record is open;
3. Failure to raise an issue on the record with sufficient specificity and accompanied by statements or evidence sufficient to afford the city and all parties to respond to the issue, will preclude appeal on that issue to the state land use board of appeals;
4. Any party wishing a continuance or to keep open the record must make that request while the record is still open; and
5. That the commission chair shall call for any ex-parte contacts, conflicts of interest or bias before the beginning of each hearing item.
6. For appeal hearings, only those persons who participated either orally or in writing in the decision or review or who have standing pursuant to ORS 197.175(10)(a)(C) will be allowed to participate either orally or in writing on the appeal.