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January 2019
CITY OF STAYTON
APPLICATION
FOR CONDITIONAL USE
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
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 Planning
Commission 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 draft 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
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 a regular Council meeting, 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. APPEALS
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 CONDITIONAL USE REVIEW
This checklist has been prepared to assist applicants in submitting an application that includes all the submission
requirements in Section 17.12.190. 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.
□ 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.
□ The site plan shall show the property for which the conditional use is requested, surrounding properties,
neighboring streets and roads, existing uses of the property, and proposed development and improvements
of the property.
□ 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.
□ The boundary lines of the parcel and area of the property in acres or square feet.
□ A narrative statement fully explaining the proposed use and fully addressing the criteria for approval of a
conditional use.
□ 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.
Submittal 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
APPLICATION
FOR CONDITIONAL USE
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:
ZONING MAP DESIGNATION:
PROPOSED USE: ______________________________________________________________________________
SIGNATURE OF APPLICANT:
D
O NOT WRITE BELOW THIS LINE
Application received by: Date: Fee Paid: $ Receipt No.
Land Use File#________________
Submit Via Email
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signature
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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
17.12.190.4. Please provide the following information in full and attach to this application.
1. P
ROPOSAL: What is the proposed conditional use?
2. C
OMPATIBILITY WITH SURROUNDING AREA: How will this proposal be compatible with existing uses in the surrounding
area as measured by factors like noise, odors, appearance, traffic congestion, hazards to the public, generation of
waste products, scale of development, excessive glare of lighting, and demand on public services and facilities?
3. C
OMPATIBILITY WITH ZONING DISTRICT: How is the proposal consistent with the standards and purposes of the zoning
district where it is located? (See Section 17.16.060 for the district purposes.)
4. P
OTENTIAL ADVERSE IMPACTS: Are there any adverse impacts that will result from the granting of this conditional
use (such as noise, odors, appearance, and other hazards) and if so, how will those impacts be mitigated?
5. T
RAFFIC IMPACTS ON SURROUNDING AREA: Will the proposed conditional use cause any adverse impacts on the
normal flow or movement of traffic in the surrounding area?
6. A
DEQUATE UTILITIES: How will the development obtain or maintain adequate utility systems (including water,
sewer, surface water drainage, power, and communications), and connections, including easements, to properly
serve the subject property in accordance with accepted City standards?
All public improvements must meet City of Stayton standard specifications. All design plans must be approved by
the City prior to construction. The City will inspect all construction.
a. List public services currently available to the site:
Water Supply: - inch line available in Street.
Sanitary Sewer: - inch line available in Street.
Storm Sewer: - inch line available in Street.
Natural Gas: - inch line available in Street.
Telephone: is (or) is not available in Street.
Cable TV: is (or) is not available in Street.
Electrical: is (or) is not available in Street.
b. Will existing City public services need to be replaced or upgraded to accommodate the demands created
by the development?
7. O
THER AVAILABLE PROPERTY: Is there other property which is zoned to permit this use outright? Is it reasonably
available?
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Completed 5 August 2020

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