HILLSBORO COMPREHENSIVE PLAN

Ordinance No. 2793-4-77

Section 1.  Planning and Citizen Involvement.

(Amended by Ord. No. 4491/12-96 and Ord. No. 5987/10-11)

 

(I) Goals.

 

With the advice and assistance of the Citizen Involvement Advisory Committee (CIAC):

(A)         Design, and implement citizen involvement programs, which facilitate public involvement in major Comprehensive Plan and implementing land use ordinance revisions and assures that such actions are based on factual and complete available information. At a minimum, such public involvement programs will provide for adequate notice on citizen involvement activities; advanced information on matters under consideration; and opportunities for citizen participation as determined by the CIAC.

(B)         Inform the citizens of the Hillsboro planning area of the opportunity to participate in all phases of planning through the citizen involvement program.

(C)         Encourage and actively solicit citizen participation through a diverse and wide-ranging communication program.

(D)         Develop, through education, a citizenry capable of effective participation in the planning process.

(E)        (Deleted by Ord. No. 5987/10-11.)

(Amended by Ord. No. 5987/10-11)

 

 (II)  Definitions.

 

(A)  Citizen Involvement Advisory Committee (CIAC).

The Planning Commission will serve as the Citizen Involvement Advisory Committee fulfilling the duties described in Goal 1 for a committee for citizen involvement. The CIAC will consider the advice of the Public Process Advisory Committee (PPAC) regarding citizen involvement outreach strategies for proposed plan revisions or major amendments. (Amended by Ord. No. 5987/10-11.)

 

(B)  Community Plan.          

A “community plan” means any plan, planning document or coordinated set of planning policies which establishes coordinated policies and development guidelines for the development of land uses and development activities within a specific area of the City.  A community plan is more detailed than the Comprehensive Plan and has Comprehensive Plan status and function relative to the specific geographic area to which it applies.  It may contain a map, policy statements and recommendation relating to development densities, public facility and utility improvements and the arrangement of land uses to guide future land use decisions and implementing measures for its geographic area.  A community plan shall be consistent with statewide planning goals and with the Comprehensive Plan.

 

(C)  Public Facility Plans.

A City public facility plan may include a City plan for water systems, sewer systems, streets and roadways, public airports, public transit and public transportation, and other City public facility or utilities systems.  It may contain maps, policies and recommendations relating to public facilities.  City public facility plans coordinate programs, policies, jurisdictional responsibilities, project timing or financing for public facilities or services or for topic areas required by a statewide planning goal to be addressed in the Comprehensive Plan.

City public facility plans for water, sewer, storm drainage or transportation facilities including streets, roadways, public transit and public transportation may contain rough cost estimates for public projects needed to serve the land uses contemplated in the Comprehensive Plan.  Except for project timing and financing provisions, a City public facility plan shall be consistent with statewide planning goals and with the Comprehensive Plan.

(D)  Functional Plans.

City functional plans further refine and implement Comprehensive Plan policies and recommendations regarding specific topic areas of interest or concern to the City.  Such topic area include but are not limited to parks and recreation, housing, open spaces, natural resources development and conservation, historic resources, culture and the arts, economic development, environmental quality and other topic area or elements addressed in the Comprehensive Plan.  City functional plans are prepared from time to time in response to community need and are intended to guide the development and implementation of related functional programs or activities conducted by City agencies.

(E)  Public Process Advisory Committee.

(Added by Ord. No. 5987/10-11, Amended by Ord. No. 6009/4-12.)

The Mayor shall appoint and the Council shall confirm the Advisory Committee for Citizen Committee (ACCI) to serve as an advisory body to the Citizen Involvement Advisory Committee regarding citizen involvement outreach strategies for proposed plan revisions, major plan amendments, or upon request by the City Council or CIAC, to the City regarding other matters of concern. Membership of the ACCI shall be comprised of up to nine members including:

(F)  Plan Revision.

As used in this Section, “plan revision” means:  a revision(s) to the entire Comprehensive Plan text or map initiated by the City Council; 1) under a Periodic Review Program pursuant to ORS 197.628 conducted every 4 to 10 years; 2) to implement an adopted Regional Framework Plan or Metro Functional Plan; or 3) as part of a comprehensive evaluation of the Comprehensive Plan.  All Plan revisions shall be processed in accordance with the procedures specified in Part (III) of this Section.

(G)  Major Plan Amendment.

“Major Plan Amendment” includes any significant change to the Comprehensive Plan text or map initiated by the City Council or Planning Commission. A “significant change” is one that amends or refines both the Plan text and map, has operative effect over a large geographic area and is likely to have significant environmental, energy, economic and social consequences.  Major plan amendments include but are not limited to Plan amendments that incorporate community plans as part of the Comprehensive Plan or incorporate portions of public facility plans as part of the Comprehensive Plan in accordance with State statute and regulations implementing Statewide Planning Goal 11.  All major plan amendments shall be processed in accordance with the provisions specified in Part (III) of this Section.

(H)  Minor Plan Amendment

As used in this Section, “minor amendment” means any change to the Comprehensive Plan which is not a major plan amendment.  Minor Plan amendments include all quasi-judicial, site-specific amendments to the Comprehensive Plan Map.  All minor plan amendments shall be processed in accordance with the procedures specified in Part (IV) of this Section.

(III)  Plan Revision and Major Plan Amendments. (Amended by Ord. No. 5987/10-11)

 

Plan revisions and major plan amendments shall be processed as legislative procedures.  The following process shall be used when conducting any plan revision or major plan amendment of the Comprehensive Plan:

(A) For each proposed plan revision or major plan amendment to the Comprehensive Plan, the City Planning Department will:

(1) With the advice and assistance of the CIAC, establish and conduct a citizen involvement program which provides for public involvement and input into the proposed revision or amendment which complies with Statewide Planning Goal 1 requirements.  At a minimum, such a public involvement program shall provide for adequate notice on citizen involvement activities; advanced information on matters under consideration; and opportunities for public involvement in all phases of the planning process applicable to the proposed plan revision or major plan amendment as determined by the CIAC.

(2) Identify issues to be addressed and related information and data to be collected, reviewed and made available for public review.  Inform citizens of these issues; and provide opportunity for citizen access to the related information and data; and for citizen input on these issues.

(3) Notify affected government agencies of planning activities; invite review and comment.

(4) Collect relevant information and data.

(5) Analyze each issue and identify proposed actions which address the issue sufficiently.  As part of the public involvement program for the plan revision or major plan amendment:

(a) Compile and combine the issue, relevant data and information and actions into text format and make copies of such text available for review and comments by citizens and affected government agencies.

(b) Compile comments received from citizens and affected government agencies for consideration by the Planning Commission.  The Planning Department shall prepare written responses to comments and make the responses available for public review and to the Planning Commission during its consideration of the proposed plan revision or major plan amendment.

(6) A Planning Commission public hearing on a plan revision or major plan amendment shall be conducted after completion of the tasks set forth in Section (III)(A)(1 through 5) above and the citizen involvement program for the plan revision or major plan amendment established by the CIAC.  Notice of any public hearing by the Planning Commission or City Council on a plan revision or major plan amendment to the Comprehensive Plan shall be published in a newspaper of general circulation in the City a minimum of 20 days prior to the date of the initial public hearing.  Any such notice shall contain:

(a) A summary of the plan revision or major plan amendment.

(b) The time, date and place of the hearing.

(c) The location(s) at which copies of the plan revision or major plan amendment summary may be obtained.

(d) A statement that all interested persons may appear and provide testimony and that only those persons making an appearance of record may appeal the determination of the Planning Commission or City Council.

(e) A general explanation of the requirements for submission of testimony and the procedure for conduct of the hearing.

 

(7) The Planning Commission may recess the hearing in order to obtain further information or provide additional notification.  Upon recessing for these purposes, the Commission shall announce the time and date when the hearing will be resumed.

(8) After hearing the plan revision or major plan amendment, the Planning Commission shall forward a recommendation of denial, approval, or approval with modifications of the plan revision or major plan amendment to the City Council.

(9) The City Council shall hold a hearing during its consideration of a plan revision and may hold a public hearing on any major plan amendment.  Notice of the hearing shall be provided in the manner prescribed in subsection (III)(A)(6).  After consideration of the plan revision or major plan amendment, the City Council may adopt or deny the plan revision or major plan amendment.

 

(10) The Planning Department shall keep copies of adopted text of the plan revision or major plan amendment on file at the City Hall and City Library for inspection by the public and shall notify citizens and government agencies that copies of the adopted text are available for inspection.

(11) The final City Council decision on a plan revision or major plan amendment may be appealed in accordance with applicable State statutory provisions, relating to appeals of decisions amending an acknowledged comprehensive plan.

(12) The Planning Commission shall also establish and publicize a procedure whereby interested individuals, community organizations and public agencies may request to be included on a regular mailing list of parties to be notified of the initiation of proposed plan revisions or major plan amendments.

 

(IV) Minor Plan Amendments.

(A)  Minor Plan Amendment:  Plan Text.

On its own volition, the City Council or Planning Commission may initiate a minor plan amendment to the text of the Comprehensive Plan by order whenever a need for such a revision is documented.  A minor plan amendment, proposing a change to the text of the Comprehensive Plan, shall be processed pursuant to legislative notice and procedures. (Amended by Ord. No. 5891/12-08.)

(1) Notice of any public hearing on a minor plan amendment to the Comprehensive Plan text shall be by two (2) publications in a newspaper of general circulation in the City of Hillsboro not less than five (5) days, nor more than twenty (20) days prior to the date of the hearing.

(B) Minor Plan Amendment:  Plan Map.

(1) A minor plan amendment proposing a change to the Comprehensive Plan Map designation shall be processed pursuant to quasi-judicial notice and procedures and may be requested at any time by a property owner(s), a person(s) purchasing property under contract, or a person(s) who has the written consent of the property owner. A minor Plan Map amendment may also be initiated by the City Council or the Planning Commission where:

(a) The land use on the subject property has changed substantially since the adoption of the Plan Map designation, and is inconsistent with the current Plan Map designation;

(b) The subject property has passed from public ownership and use to private ownership and use, or the reverse; or

(c) The current Plan Map designation on the subject property is inconsistent with the surrounding properties, based on earlier Plan map changes, and development of the subject property under the implementing zone of the Plan Map designation would have substantial adverse effects on the surrounding properties; and

(d) The proposed designation is supportive of and implements goals and policies of the Comprehensive Plan.

(Amended by Ord. No. 5938/5-10.)

 

(2) Approval of a minor Plan Map amendment shall be based on demonstration that all of the following criteria are satisfied:

(a) The property is better suited for uses proposed than for the uses for which the property is currently designated by the Plan;

(b) A need exists for the proposed Plan Map designation that is not already met by existing Plan Map designations in the general area; and

(c) The proposed designation is consistent with relevant goals and policies of the Hillsboro Comprehensive Plan.

(Amended by Ord. No. 5938/5-10.)

 

(3) Notice of any public hearing on such a minor plan amendment to the Comprehensive Plan Map shall be by two (2) publications in a newspaper of general circulation in the City not less than 5 days nor more than 20 days prior to the date of the hearing and by mailing written notice not less than 20 days prior to the date of the hearing to owners of property within the area enclosed by lines parallel to and 500 feet from the exterior boundaries of the property involved using for this purpose the name and address of the owners as shown upon the current records of the County Assessor. In addition, the written notice shall be mailed to the community or neighborhood association and the Citizen Participation Organization within which the property is located and to State, county and city agencies or individuals who request such notice. The contents of the written notice shall comply with the applicable State statutory requirements. The failure of a person to receive the notice specified in this section shall not invalidate any proceedings in connection with the proposed minor revision.

(4) A complete application and supporting information addressing the specific criteria for Plan Map amendments shall be filed with the City Planning Department.  In order to defray the costs of processing, the application shall be accompanied by a fee as established by the City Council under Subsection (3) of this section.  A complete application must include documentation of a neighborhood meeting in compliance with Subsection (4) of this Section. (Amended by Ord. No. 4132/3-93; 5312/10-03, Ord. No. 5597/1-06, and Ord. No. 5777/8-07)

(5) For the purpose of establishing or revising the fee cited in subsection (2) above, the City Council shall hold a public hearing.  Notice of such hearing shall be published in the local newspaper, and the proposed fee schedule shall be available in the Planning Department and on the City’s web site. (Added by Ord. No. 5597/1-06.)

(6) Prior to submittal of an application for a Minor Plan Map Amendment, the applicant shall hold a neighborhood meeting at a location in the closest practicable proximity to the subject site.  The meeting shall be held on a weekday evening or weekends at any reasonable time.  Mailed notice of the meeting shall be provided by the applicant to the surrounding neighborhood, at the same notification radius required by the City for the minor Comprehensive Plan Map amendment.  The applicant shall also post notice of the neighborhood meeting on the site at least seven days before the meeting. 

At the neighborhood meeting, the applicant shall provide preliminary details of the major elements of the development, including number and type of dwellings if applicable, proposed uses, street, lotting, and parking layouts, approximate building locations and heights, and approximate locations for open space and natural resource preservation as applicable.  Opportunity shall be provided for attendees to ask questions regarding the proposal.  The applicant shall prepare meeting notes of major points, issues, and responses concerning the development proposal that were discussed at the meeting.  Only one neighborhood meeting per development proposal is required, but the applicant may hold more meetings if desired. 

 

The neighborhood meeting notes, list of parties notified, dated photographs documenting site posting, copies of all materials provided by the applicant at the meeting, and a signature sheet of attendees shall be included with the development application upon submittal. 

Compliance with the provisions of this section is a jurisdictional requirement of the Hillsboro Comprehensive Plan.  Applications shall not be submitted without this documentation, or submitted prior to the neighborhood meeting.  If submitted, such applications shall not be accepted by the City. (Added by Ord. No. 5777/8-07)

(Renumbered by Ord. No. 5938/5-10.)

(C) Minor Plan Amendment - General Procedures.

(1)  A public hearing shall be held by the Planning Commission on any minor plan amendment.

(2) Recess of hearing.  The Planning Commission may recess a hearing in order to obtain further information or provide additional notification.  Upon recessing for these purposes, the Commission shall announce the time and date when the hearing will be resumed.

(3) After hearing the proposed minor plan amendment, the Planning Commission shall deny or forward a recommendation of approval or approval with modifications to the City Council.

(4) Any party to a proceeding on a minor plan amendment may appeal the recommendation on the amendment of the Planning Commission to the City Council by filing such an appeal with the City Recorder within fifteen (15) days of the mailing date of the Planning Commission’s Notice of Decision on the amendment.

(5) The City Council may hold a hearing on the proposed minor plan amendment.  The Council shall hold a hearing on any appeal of a Planning Commission decision on a minor plan amendment.  If a public hearing is held, notice for such a hearing shall comply with the applicable notice requirements relating to minor amendments to the Plan text or to the Plan Map as set forth above.  After consideration of a proposal or an appeal, the City Council may adopt or deny the minor plan amendment or uphold, reject or modify the recommendation of the Planning Commission.

(6) The applicant shall be notified in writing of the City Council decision.

(7) The Planning Department shall keep copies of the adopted minor plan amendment on file at City Hall and the City Library for inspection by the public and shall notify citizens and government agencies who have requested notice that copies of the adopted amendments are available for inspection.

(8) The Planning Commission shall also establish and publicize a procedure whereby interested individuals, community organizations and public agencies may request to be included on a regular mailing list of parties to be notified of the initiation of proposed minor plan amendments.

 

(V) Community Plans, Public Facility Plans and Functional Plans.

 

A Community Plan, a Public Facility Plan or a Functional Plan may be initiated by the City Council or Planning Commission at any time in response to community need.  Community Plans shall be adopted by the City Council as major plan amendments to the City’s Comprehensive Plan Text or Land Use Map as applicable. 

 

Adoption of Public Facility Plans shall comply with applicable State statutes and regulations relating to portions of public facility plans required to be included in the Comprehensive Plan.  Those portions of public facility plans required to be included in the Comprehensive Plan shall be adopted by ordinance as major plan amendments to the Comprehensive Plan Text or Map, as applicable.  A Functional Plan shall be adopted by City Council Resolution.

 

(VI)  Plans available for public review. The Planning Department shall keep copies of the Comprehensive Plan, the City Community Development Code, adopted Community Plans and Functional Plans on file at City Hall and at all branches of the City Library for inspection by the public.  The Planning Department shall notify citizens and government agencies that copies of such adopted plans are available for public review and distribution.  The Planning Department shall notify citizens and government agencies that copies of the adopted plan are available for review.

 

(VII) Continual review process. During the 4-10 years period between scheduled major reviews of the Comprehensive Plan pursuant to ORS 197.628 Periodic Review requirements, the City Planning Commission, with the assistance of the Planning Department, shall continually review the Comprehensive Plan and may initiate major or minor revisions of the Plan in order to address Citywide or community needs.  As part of this responsibility, the Planning Commission shall schedule and conduct a Public plan Review Process once every two (2) years according to a schedule determined by the Planning Commission to consider such requests for Plan revisions from any property owner, City agency, government agency, or business or community organization.

 

(VIII) Communication. As part of its responsibility to oversee the City’s Citizen Involvement programs, the CIAC will advise and assist the City on techniques, methods and processes which may be used by City departments, the Planning Commission and the City Council to establish and maintain effective and continuing communication and dialogue with the various segments of the community on the Comprehensive Plan, Plan implementation measures, Community Plans, Functional Plans and City programs that implement the Comprehensive Plan.  The CIAC will also review the effectiveness of communication techniques and methods being applied in the various public involvement programs for major and minor revisions of the Plan and recommend necessary improvements and refinements. (Amended by Ord. No. 5987/10-11.)

 

(IX) Feedback mechanism. Comments and recommendations resulting from the public involvement programs established for major and minor revisions of the Comprehensive Plan and Community Plans and Functional Plans will be collected and summarized by staff.  Copies of the summarized comments will be made available for public review at the City Planning Department.  The Planning Commission recommendations and City Council decisions on major and minor revisions to the Plan, Community Plans, and Functional Plans and the rationale relied upon by policymakers to reach such recommendation and decisions will be made available to the public in the form of a written record. 

 

(X) Financial support. The City Council will guarantee to the best of its financial ability that the CIAC has the financial support necessary for a successful citizen involvement program.

 

(XI) Selection process. It will be the policy of the Mayor and City Council of Hillsboro to actively solicit volunteers to fill vacancies or expired terms of Planning Commission/CIAC positions.  Volunteers will be solicited through the use of articles in the local newspaper and City newsletter, personal contact with citizens who have demonstrated interest in the past, and contacts with local citizen groups and service organizations.  Each citizen applying for a position on the Commission/CIAC will be asked to submit an application and a resume.  After review of the applications, the most qualified applicants may be interviewed by one or more Council members. (Amended by Ord. No. 5987/10-11.)

 

(XII) (Deleted by Ord. No. 5987/10-11.)