Fillable CITY OF STAYTON A PPLICATION FOR MINOR MODIFICATION (City of Stayton)

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CITY OF STAYTON A PPLICATION FOR MINOR MODIFICATION (City of Stayton)

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January 2019
CITY OF STAYTON
A
PPLICATION FOR MINOR MODIFICATION TO
A
PPROVED PLANS OR EXISTING DEVELOPMENTS
APPLICATION AND DECISION MAKING PROCEDURES
1. P
RE-APPLICATION MEETING
Prior to submittal of an application, a pre-application meeting with City Staff is required. A completed pre-
application form and sketch plan drawing need to be submitted at least 7 days in advance of the meeting.
Meetings are held on Tuesday afternoons and there is no fee for the first required pre-application meeting.
2. A
PPLICATION FEE
Submission of a completed application form, with a plan and attachments, and payment of the application fees
are required before the review process begins. The application and fees shall be submitted to the Planning and
Development Department during regular business hours. The fee for this application is $500. If the cost to the
City does not reach the amount of the fee paid, the excess fee will be refunded to the applicant after the file is
closed. If during the processing of the application, the costs to the City exceed 75% of the fee paid, the applicant
will be required to pay an additional $250, to assure that there are adequate funds to continue to process the
application.
3. R
EVIEW FOR COMPLETENESS AND NOTIFICATION OF NEIGHBORING PROPERTY OWNERS
The Planning and Development Director will review the submitted application for completeness and, within 30
days from the date of submittal, determine if the applicant has provided all required information. If the
application is incomplete, the Planning and Development Director will notify the applicant of the items which
need to be submitted. Once the application is deemed complete, the Director will send a notice to owners of
neighboring property, other city departments, and other governmental agencies and utilities.
4. S
TAFF DECISION
No less than 20 days after notification, the Planning and Development Director will prepare an order containing a
decision. The order will include findings of fact, conclusions as to compliance with the appropriate standards and
criteria for approval, and will either approve, approve with conditions, or deny the application. A notice of
decision will be sent to the applicant, any members of the public who commented on the application, the
Planning Commission and the City Council.
5. P
UBLIC HEARING BEFORE THE STAYTON PLANNING COMMISSION
Following the Staff decision, any member of the Stayton Planning Commission may “call up” the application for a
hearing before the Commission. Alternately, any person affected by the decision may appeal the Staff decision
to the Commission.
Prior to the public hearing, notice is required to be sent to all property owners within 300 feet of the property 20
days before the hearing, so the hearing will be scheduled at the first regular meeting following the notice period.
The hearing is to give all interested parties an opportunity to comment on the application. The hearing is
conducted by the Chairperson in accordance with the Stayton Public Hearing Rules of Procedure. These rules are
available at City Hall.
At the conclusion of the hearing and deliberation, the Planning Commission will adopt an order stating the
decision criteria, findings of fact, conclusions whether the application meets any applicable standards and the
Commission’s decision. The Commission may decide to deny, approve, or approve the application with
conditions.
6. P
UBLIC HEARING BEFORE THE STAYTON CITY COUNCIL
An application may be called up by, or appealed to, the City Council. If called up, the Council will also conduct a
public hearing. If appealed, the Council will decide whether to hear the appeal and hold a public hearing. A
notice is required 10 days prior to the hearing which will be held at the regular Council meeting, which meets the
first and third Mondays of every month. Staff reports, Planning Commission findings, and any new information
will be presented to Council for consideration. The purpose of the hearing is to receive further public testimony,
to review the application and consider the Planning Commission’s decision and conditions. Generally, the
Council will make a decision at the conclusion of the hearing process, but may delay the decision for further
January 2019
information or action by the applicant. The Council will then adopt an order either approving or denying the
application.
7. A
PPEALS
Council actions may be appealed to the State Land Use Board of Appeals pursuant to ORS 197.805 through
197.855.
8. F
OR MORE INFORMATION
Call or write to City of Stayton Planning and Development Dept., (mailing address) 362 N. Third Avenue, (building
address) 311 N. Third Avenue, Stayton, Oregon 97383. (503) 769-2998; email: dfleishman@ci.stayton.or.us.
January 2019
BURDEN OF PROOF
This is a quasi-judicial application in which the applicant has the burden of proof. According to law, the
applicant must present to the decision maker facts, evidence, analysis, and justification for each and every
decisional criteria in order to carry out that burden of proof. It is important to remember that there is no
assumption that the applicant is entitled to this approval. The burden of proof lies with the applicant to
prove how the proposal complies with the land use ordinances, not with the City of Stayton.
APPLICATION CHECKLIST FOR MINOR MODIFICATIONS TO APPROVED PLANS OR EXISTING DEVELOPMENTS
This checklist has been prepared to assist applicants in submitting an application that includes all the submission
requirements from the Land Use and Development Code. Please note that this checklist may paraphrase the
requirements from the Code. It is the applicant’s responsibility to read and understand the requirements of the
Code. Review of an application will not begin until a complete application has been submitted. If you have
questions, contact the Planning and Development Department.
□ Property Owner Authorization: If the applicant is not the owner of the property, the application must
include written indication of the applicant’s right to file the application. This may be a purchase and sale
agreement, an option or other document that gives the applicant some legal interest in the property..
□ Three copies of a site plan at a scale of 1 inch equals not more than 50 feet with a north point, graphic
scale, tax map number and tax lot number included and either a reduced copy of the plan sized 11 inches
by 17 inches or a digital version of the plan in a Portable Document Format on a CD-ROM or emailed to
the Planning and Development Director.
○ The boundary lines of the parcel and area of the property in acres or square feet
○ Original layout of site
○ Proposed modifications
○ Any changes to utilities or off-site improvements
□ Vicinity Map: The vicinity map may be drawn on the same map as the site plan. All properties, streets,
and natural features within 300 feet of the perimeter of the parcel shall be shown on the vicinity map.
□ If the proposal will create 1,000 square feet or more of new impervious surface, then the application
shall include a preliminary drainage impact analysis. The analysis shall include a preliminary drainage
map and narrative which identifies the impact the development will have on existing stormwater
systems. The narrative shall at a minimum include and discuss:
○ The anticipated pre-development and post-development stormwater runoff flow rates.
○ The proposed method for handling the computed stormwater runoff, including the location and capacity
of all natural or proposed drainage facilities.
○ The method of discharging stormwater offsite at the naturally occurring location and any anticipated
design provisions needed to control the velocity, volume, and direction of the discharge in order to
minimize damage to other properties, stream banks, and overall stormwater quality.
□ Three copies of either a Transportation Assessment Letter or a Transportation Impact Analysis. (Only one
copy is required if a PDF version is also submitted.) A Transportation Impact Analysis is required if:
1) The amendment to the development generates 25 or more peak-hour trips or 250 or more daily
trips.
2) An access spacing exception is required for the site access driveway(s) and the development
generates 10 or more peak-hour trips or 100 or more daily trips.
3) The development is expected to impact intersections that are currently operating at the upper limits
of the acceptable range of level of service during the peak operating hour.
4) The development is expected to significantly impact adjacent roadways and intersections that have
previously been identified as high crash locations or areas that contain a high concentration of
pedestrians or bicyclists such as a school.
The Transportation Impact Analysis shall be based on the standards and requirements in Section 17.26.050.
If a Transportation Impact Analysis is not required, a Transportation Assessment Letter shall be submitted
that meets the requirements of 17.26.050.2. In the case of very minor projects, the Public Works Director
may waive the requirement for a Transportation Assessment Letter.
Stayton Municipal Code Title 17, Land Use and Development Code is available online at: www.staytonoregon.gov
January 2019
CITY OF STAYTON
A
PPLICATION FOR MINOR MODIFICATION TO APPROVED PLANS OR
EXISTING DEVELOPMENTS
PROPERTY OWNER:
Address:
City/State/Zip:
Phone: ( ) - Email:
APPLICANT:
Address:
City/State/Zip:
Phone: ( ) - Email:
APPLICANT’S REPRESENTATIVE:
Address:
City/State/Zip:
Phone: ( ) - Email:
CONSULTANTS: Please list below planning and engineering consultants.
P
LANNING ENGINEERING
Name: Name:
Address: Address:
City/State/Zip: City/State/Zip:
Phone: ( ) _______ - ____________________ Phone: ( ) -
Email: Email:
Select one of the above as the principal contact to whom correspondence from the Planning Department should be
addressed:
owner applicant applicant’s representative planning consultant engineer
LOCATION:
Street Address:
Assessor's Tax Lot Number and Tax Map Number:
Closest Intersecting Streets:
ZONE MAP AND COMPREHENSIVE PLAN DESIGNATION: ___________________________________________________
O
RIGINAL LAND USE APPLICATION TYPE AND FILE #______________________________________________________
NARRATIVE STATEMENT ATTACHED (see other side of application form)
SIGNATURE OF APPLICANT:
DO NOT WRITE BELOW THIS LINE
----------------------------------------------------------------------------------------------------------------------------------------------------------
Application received by: Date: Fee Paid: $ Receipt No.
Land Use File#________________
Submit Via Email
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January 2019
QUESTIONS TO BE ADDRESSED IN NARRATIVE STATEMENT
The Planning Department will use the information provided by the applicant to analyze the merits of this application.
A decision to approve or deny the application is made based on how well the applicant presents information to show
the application meets the standards and criteria set forth in the Stayton Land Use and Development Code. Please
provide a narrative statement indicating how the proposed changes to the site meet the criteria of the Code that are
not shown on the site plan.
The information provided in the narrative statement will depend on the type of approval that was originally
approved or would have been required (for developments in existence prior to enactment of the Code). See the
following sections of the Stayton Land Use and Development Code for the approval criteria for the each type of
land use application:
Conditional Use Sect 17.12.190.4
Site Plan Review Sect 17.12.220.5
Subdivision or Partition Sect 17.24.050
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CITY OF STAYTON A PPLICATION FOR MINOR MODIFICATION (City of Stayton)

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Completed 5 August 2020

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