January 2019
CITY OF STAYTON
A
PPLICATION FOR MAJOR MODIFICATION
TO APPROVED 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 $1,050. 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 50% of the fee amount, to assure that there are adequate funds to continue to process
the application.
3. R
EVIEW FOR COMPLETENESS AND SCHEDULING A HEARING
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 schedule a hearing before the Stayton Planning
Commission. Planning Commission meetings are regularly scheduled for the last Monday of the month.
4. S
TAFF REPORT
Once a hearing date is set, the Planning and Development Director will prepare a staff report and draft order
summarizing the applicant’s proposal, the decision criteria, comments from other agencies or the public, and address
whether the application complies with code requirements or suggest conditions to meet those requirements. A copy
of the staff report and order will be provided to the applicant no less than 7 days prior to the public hearing.
5. P
UBLIC HEARING BEFORE THE STAYTON PLANNING 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. Therefore, 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 the
Planning and Development Department.
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 information or action by the applicant. The
Council will then adopt an order either approving or denying the application.
January 2019
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 Director, (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 decision 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 and Development Code, not with the City of Stayton.
APPLICATION CHECKLIST FOR MAJOR 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 in Sections 17.12.150. 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 6 reduced copies of the plan sized 11 inches by 17 inches.
The Site Plan shall show:
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.
A Transportation Assessment Letter or a Transportation Impact Analysis. A Transportation Impact Analysis is
required if:
1) 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.
Submission of all materials in an electronic format is encouraged.
Stayton Municipal Code Title 17, Land Use and Development, is available online at: www.staytonoregon.gov. Click on
the Document Center tab and select Municipal Code.
January 2019
1
CITY OF STAYTON
A
PPLICATION FOR MAJOR MODIFICATION TO APPROVED PLANS OR
EXISTING DEVELOPMENTS
PROPERTY OWNER:
Address:
City/State/Zip:
Phone: ( ) - Email:
APPLICANT:
Address:
City/State/Zip:
Phone: ( ) - Email:
APPLICANTS 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 DESIGNATION:
ORIGINAL LAND USE APPLICATION TYPE AND FILE #______________________________________________________
S
IGNATURE OF APPLICANT:
___________________________________________________________________________
D
O NOT WRITE BELOW THIS LINE
----------------------------------------------------------------------------------------------------------------------------------------------------------
Application received by: Date: Fee Paid: $ Receipt No.
Land Use File#________________
Submit Via Email
click to sign
signature
click to edit
January 2019
2
QUESTIONS TO BE ADDRESSED IN NARRATIVE STATEMENT
The Stayton Planning Commission, with assistance from the Planning and Development Department and the Public
Works 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
17.12.150.4. Please provide the following information in full and attach to this application as Exhibit A.
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