Title
Conditional Use Planning Fee
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RECOMMENDED ACTION (Motion):
Staff recommends the City Commission retain the existing conditional use fee.
BACKGROUND:
The Planning Division charges fees to recover the cost of processing development applications. During the recent amendments to the Oregon City Municipal Code, the City Commission adopted amendments to the Planning Division fee schedule. During the review, the City Commission identified the need for an additional work session to review the conditional use fee to determine if it should be amended.
What is a Conditional Use?
A Conditional Use is a use which may be compatible with other uses allowed in a zoning designation but may also have impacts which may be unexpected or require mitigation such as increase traffic, noise or illumination. Conditional Uses are reviewed by the Planning Commission at a public hearing for compliance with community adopted standards in the Oregon City Municipal Code. Examples include a school or a church in a residential zoned neighborhood. Conditional Uses are listed in each applicable zoning designation.
What is the Conditional Use Review Process?
Conditional Use applications are processed as a Type III Land Use application. Once an application is submitted, it is reviewed for completeness purposes within 30 days. Upon a complete application, the applicant is entitled to a Planning Commission decision and an appeal to the City Commission within 120 days. Staff forms a recommendation with findings for the applicable criteria and the 7 member Planning Commission makes the initial determination which may be appealed on the record to the City Commission. The City Commission's decision may be further appealed to the Land Use Board of Appeals (LUBA) and further through the court system.
How does the Current Fee Compare to the Estimated Average Cost to Process the Application?
The current fee (2019) is $4,091 for a Conditional Use. Fees should be reflective of actual...
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