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BROWSE CITY OF HOOD RIVER (OR) FORMS

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CITY OF HOOD RIVER
LAND USE APPLICATION INSTRUCTIONS
& TIMELINE
1. Review Required: The attached application is required by the Hood River Municipal Code
(“Code”) for review of your proposed development. Review is required to make sure that your
proposal complies with the applicable provisions of the Code and that there are adequate
capacities of public facilities to meet the needs of your development.
2. Pre-Application Conference: Prior to submitting your application, you may be required to attend
a pre-application conference with city staff to discuss applicable standards and criteria of the
Code, and submittal requirements to make your application complete. Pre-application
conferences typically are scheduled approximately 4 weeks after submittal of an application and
fee. You also may be required to conduct a neighborhood meeting (mandatory for subdivisions
and PUDs).
3. Application Submittal: Applications may be mailed or submitted in person to the City of Hood
River Planning Department at City Hall, 211 2
nd
Street, Hood River, OR 97031. The following
must be included in your application packet:
• Completed application form with property owner signature
• All required materials listed in the application form
• Application fee
• Electronic copy of application materials (original .pdf, not scanned) and three (3)
paper copies of application and all support materials
It is the applicant’s responsibility to demonstrate the proposal meets standards & approval criteria.
4. Completeness Review (≤ 30 days): Upon submittal, your application will be reviewed for
completeness within 30 days. Completeness is based upon the requirements of State law (ORS
227.178) and the requirements in the Code for your development proposal. It is the applicant’s
responsibility to provide written findings and materials to demonstrate the application complies
with the applicable approval criteria and standards.
5. Incomplete Applications (> 30 days): If the Planning Department determines that your
application is “incomplete,” you will be informed in writing and provided with a list of missing or
incomplete materials and options for completing the application. Refusal to submit all or some of
the missing information could limit the city’s ability to approve your application. Incomplete
applications become void 181 days after submittal (ORS 227.178).
6. Complete Applications: If the Planning Department staff determines that an application is
“complete,” you will be informed in writing and the review process will begin.
7. Review Process (≤ 120 days): Review of your application may be administrative, with no public
hearing, or it may be quasi-judicial, with a public hearing. For quasi-judicial review, applicants
are required to attend the public hearing. Notice of the application or public hearing will be
mailed to neighboring property owners for comment.
8. Decision: A decision with findings and conditions of approval will be issued after a public
comment period and public hearing (if applicable). All land use decisions are subject to an
appeal process. A final decision is expected within 120 days after an application is deemed
complete pursuant to ORS 227.178.
If you have questions about this process, please call the Planning Department at (541) 387-5210.
Application forms, the City’s Code and other useful information are available at the Planning
Department’s website: http://ci.hood-river.or.us/planning
File No.: ________________
Fee: ________________
Date Rec’d: ________________
CITY OF HOOD RIVER
ADEQUATE PUBLIC FACILITIES PROJECT DETERMINATION
APPLICATION
Submit the completed application form with three (3) complete paper copies including full-
and reduced sized plans, one electronic copy (original .pdf) and appropriate fees to the
City of Hood River Planning Department, 211 2
nd
St., Hood River, OR 97031. Additional
paper copies may be required as determined by staff. If you have any questions, please contact
the Planning Department at (541) 387-5210.
APPLICANT: (attach a copy of title or purchase contract if applicable*)
Name:
Address:
(physical)
(mailing)
(email)
Telephone:
Cell Phone:
Signature:
PARCEL OWNER(S): (if different than applicant)
Name:
Address:
(mailing)
Telephone:
Cell Phone:
Signature:
*Authorization of parcel owner required.
PARCEL INFORMATION:
Township
Range
Section
Tax Lot(s)
Current Zoning:
Parcel Size:
Property Location (cross streets or address):
Existing or Requesting Concurrent Development Proposal Approval: ____ yes ____ no
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SUBMITTAL REQUIREMENTS: The written narrative and map accompanying the application
shall include the following information. Please use this as a check-off list to make sure your
application is complete.
1. Narrative describing anticipated development and number of phases, including
approximate time line for development of each phase.
2. Narrative describing public facility for which this Determination is sought. Describe
location, size, capacity and other relevant information.
3. If this application is submitted without a development proposal, describe the level and
intensity of development that could occur on the subject properties under existing zoning
or describe the level and intensity of development to which the applicant would agree to
commit. If this application is submitted without a development proposal, the Project
Determination will be conditioned upon development occurring under existing zoning or at
the level and intensity to which the applicant agrees to commit.
4. If this application is submitted with a development proposal for which approval is sought or
has been received, describe the level and intensity of development that could occur under
the development proposal.
5. An impact study containing adequate, reliable and quantifiable information must be
provided with respect to the following information. It is recommended that the applicant
provide an impact study prepared by a qualified registered professional engineer licensed
in the State of Oregon. The impact study must address at least the following:
A. How the public facility is currently, or as a result of the proposed development will
become, an inadequate public facility and/or does not or will not operate at an
acceptable level of service.
B. How the proposed development will impact the public facility and to what extent the
proposed development will impact the public facility.
C. A description of the improvements necessary to make the facility an adequate public
facility and/or make it operate at an acceptable level of service (“Necessary
Improvements”) and the estimated costs of the Necessary Improvements
(“Improvement Costs”).
D. A description of whether the impact of the proposed development is or is not roughly
proportional to the Necessary Improvements and Improvement Costs.
F. If the impact of the proposed development is not roughly proportional to the
Necessary Improvements and Improvement Costs, explain how the impact of the
proposed development is roughly proportional to a specified dollar amount of, or
proportion in terms of percentages of the Improvement Costs for the public facility
(“Proportionate Contribution”). Include an explanation with reasonable particularity
describing how the Proportionate Contribution was determined.
6. Map or plan showing location and size of existing streets, storm sewer, sanitary sewer and
water facilities serving the subject property(s).
7. Legal description(s) of subject property(s).
CHAPTER 3.20 – ADEQUATE PUBLIC FACILITIES AND CONTRIBUTION
Legislative History: Ord. 1770 (1999); Ord. 1849 (2003); Ord. 1907 (2006).
SECTIONS:
3.20.010 General
3.20.020 Findings Required
3.20.030 Qualified Public Facility
3.20.040 Impact Study
3.20.050 Alternate Findings Allowed
3.20.060 Conditions and Limits
3.20.070 Project Determination
3.20.080 Final Determination
3.20.090 Application of Funds
3.20.100 Time Limits
3.20.010 General
.
A. Upon review of any land use application to which Goal 11 applies, affirmative findings
may be made that adequate public facilities exist with respect to a public facility if, in
addition to the requirements of this code the hearing body can make the affirmative
findings required in Section 3.20.020 below, and the public facility with respect to which
the Section 3.20.020 findings are made is a qualified public facility pursuant to Section
3.20.030 below.
B. As used in this Chapter, the terms “development proposal” and “proposed development”
refer to any land use application to which Goal 11 applies, except zone changes and
comprehensive plan amendments.
C. Notwithstanding anything to the contrary in this Chapter, the applicant shall have the
burden of proving the adequacy of public facilities.
3.20.020 Findings Required. In order to find, under this Chapter, that adequate public
facilities exist with respect to a public facility, or that the level of service on a street or at an
intersection is acceptable, the following findings must first be made:
A. The public facility is currently, or as a result of the proposed development will become,
an inadequate public facility and/or does not or will not operate at an acceptable level of
service. This finding must point to the specific evidence in the record that supports this
finding.
B. The proposed development will impact the public facility and to what extent the proposed
development will impact the public facility. The finding addressing the extent of the
impact shall point to specific evidence in the record in support of the finding.
C. A description of the improvements necessary to make the facility an adequate public
facility and/or make it operate at an acceptable level of service (“Necessary
Improvements”) and the estimated costs of the Necessary Improvements (“Improvement
Costs”).
D. Why a condition of approval requiring the applicant to contribute to the improvement of
the public facility is reasonably related to the impacts of the proposed development on the
public facility.
E. The impact of the proposed development is or is not roughly proportional to the
Necessary Improvements and Improvement Costs.
F. If the impact of the proposed development is not roughly proportional to the Necessary
Improvements and Improvement Costs, the impact of the proposed development is
roughly proportional to a specified dollar amount of, or proportion in terms of
percentages of the Improvement Costs for the public facility (“Proportionate
Contribution”). This finding shall explain with reasonable particularity the determination
of rough proportionality.
3.20.030 Qualified Public Facility. A qualified public facility is a public facility that is
subject to public facilities planning under the Comprehensive Plan; part of an existing public
facilities plan; and for which the City has a designated improvement fund, which fund may or
may not be currently funded.
3.20.040 Impact Study. The applicant shall provide adequate, reliable and quantifiable
information as to the extent the proposed development will impact the public facility. If the
information is not sufficient for the City to determine the impact proposed development will
have on a public facility, the applicant shall provide, at the applicant’s cost, an impact study
prepared by a registered professional engineer licensed in the State of Oregon with respect to
the proposed development and facility being studied, if a study has not already been prepared
by the City. The City Engineer has the authority to determine whether an impact study is
required and to set the scope of the study. The cost of the study, whether provided by the
applicant or by the City, shall be included in the Improvement Costs.
3.20.050 Alternative Findings Allowed. This Chapter does not preclude the hearing body
from otherwise finding that adequate public facilities exist or cannot exist (even if the
findings under Section 3.20.020 can be made) with respect to a public facility or that a street
or intersection is operating at an acceptable level of service or cannot so operate for other
reasons supported by the record. In other words, if other reasons and evidence in the record
support a finding of the existence of adequate public facilities, the applicant shall not be
required to make a Proportionate Contribution payment.
3.20.060 Conditions and Limits
. If the hearing body makes affirmative findings pursuant to
Section 3.20.020 above and the development proposal is approved, approval shall be
conditioned on the following:
A. The applicant’s written agreement to pay the Proportionate Contribution specified in
Section 3.20.020(F) above. The agreement shall provide that full payment, partial
payment or the posting of acceptable security must be made to the City on or before the
commencement of any work on and issuance of any permit for the subject property under
the development proposal. The condition shall also provide that if payment is not made
as provided in this Chapter, the City Council shall assess the Proportionate Contribution
against the subject property by resolution and shall enter the assessment resolution in the
docket of city liens and record the same in the Hood River County Assessor’s real
property records.
B. The determination under this Chapter of the applicant’s Proportionate Contribution to the
Necessary Improvements of the public facility shall be final and neither the applicant, nor
the applicant’s successors and assigns, shall be entitled to a refund or credit in the event
the total actual costs to the City of the Necessary Improvements are less than the
Improvement Costs. Similarly, the City shall not be entitled to seek additional
contribution from an applicant or the applicant’s successors and assigns if the total actual
costs to the City of the Necessary Improvements exceeds the Improvement Costs.
3.20.070 Project Determination. An owner or owners of real property that is served by a
public facility and who anticipate(s) that development may occur in phases, may apply to the
City for a determination under this Section (“Project Determination”). The application form
shall be provided by the City and the request shall be heard by the Planning Commission in
accordance with the procedures under Chapter 17.09. The application shall describe the
subject properties with respect to which the Project Determination is sought. The provisions
of this section shall be in addition to the other applicable provisions of this Chapter.
A. The findings required by this Chapter shall also include the following:
1. Legal description(s) of the additional property(ies) to be covered by the findings in
Section 3.20.020 above.
2. The findings in Section 3.20.020 above shall be based on the level and intensity of
development that could occur on the subject property under the applicable zoning if
the applicant does not have a development proposal, or on a proposed level and
intensity of development under the applicable zoning to which the applicant agrees to
commit. The level and intensity of allowable development shall be described with
reasonable particularity.
B. Approval shall be conditioned upon development occurring at or below the level and
intensity considered under the applicable zoning at the time the findings are made.
C. The applicant, and the applicant’s successors and assigns, shall be responsible for making
the payment pursuant to Section 3.20.060(A) above and no work shall occur on or any
permit (including any subsequent development permit) be issued for any of the subject
properties prior to receipt by the City of the payment. All of the subject parcels shall be
subject to the lien described in Section 3.20.060(A).
D. A Project Determination under this Section 3.20.070 shall constitute compliance with
Goal 11 with respect to adequacy of public facilities and findings of adequate public
facilities and/or acceptable level of service (with respect to a street or intersection) for all
subsequent development proposals on the subject properties submitted in accordance with
the condition in Section 3.20.070(B) above.
3.20.080 Final Determination. Subject to any right to appeal the City’s decision under this
code and state and federal law, the determination under this Chapter of the applicant’s
Proportionate Contribution to the Necessary Improvements of the public facility shall be final
and neither the applicant, nor the applicant’s successors and assigns, shall be entitled to a
refund or credit in the event the total actual costs to the City of the Necessary Improvements
are less than the Improvement Costs. Similarly, the City shall not be entitled to seek
additional contribution from an applicant or the applicant’s successors and assigns if the total
actual costs to the City of the Necessary Improvements exceeds the Improvement Costs. This
section does not preclude reimbursement of amounts paid in excess of the Proportionate
Contribution pursuant to an agreement between the City and applicant, or as may otherwise
be required by ordinance, statute, or other law.
3.20.090 Application of Funds. Proportionate Contribution funds received by the City shall
be deposited in a designated fund and applied by the City to the construction and installation
of the Necessary Improvements. (See Ord. 1849.) Any unused Proportionate Contribution
funds remaining upon completion and the City’s acceptance of the Necessary Improvements
shall remain in the designated City fund and may be used by the City only for improvements
to public facilities in accordance with the designated fund.
3.20.100 Time Limits. Findings made pursuant to this Chapter shall be valid for as long as
the underlying permit for the development proposal is valid, including any extensions thereof.
A Project Determination shall be valid for a period of eighteen (18) months, but may be
extended by the Planning Director upon application made to the Planning Director at least 30
days prior to expiration. The Project Determination may be extended for additional periods
of up to one year each if there has been no substantial change in circumstances.
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