ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.509. Development of land use final order; steering committee; application to council for land use final order; council procedures; public hearing; notice; staff report. (1)(a) On or before the date the Land Conservation and Development Commission adopts the order establishing the criteria under ORS 197A.505, Metro shall establish a steering committee, the initial membership of which shall include a representative from each of the following: (A) Metro; (B) TriMet; (C) The Department of Transportation; and (D) Each affected local government. (b) The membership of the steering committee shall, at all times, include at least the members described in paragraph (a) of this subsection. The steering committee may approve additional members by majority vote. (c) Metro shall staff the steering committee until the adoption of the initial land use final order for the project. (2)(a) The steering committee shall issue recommendations for the siting of the light rail route and other project improvements and their locations to TriMet. (b) TriMet shall apply to the Metro Council for a land use final order approving the project improvements and their locations. The applied for locations must provide sufficient boundaries to accommodate adjustments to the specific placements of the project improvements for which need commonly arises upon the development of more detailed environmental or engineering data following approval of a Full Funding Grant Agreement. (3) The council shall apply the criteria established by the Land Conservation and Development Commission under ORS 197A.505 when making decisions in a land use final order on the applied for project improvements, including their locations. The council shall follow the procedures described in this section when adopting a land use final order. (4) The council shall hold a public hearing on the project improvements, including their locations, for which decisions will be made in the land use final order. (5)(a) At least 14 days prior to the hearing, the council shall publish notice of a public hearing on the project improvements, including their locations, in a newspaper of general circulation within Metros jurisdictional area. The notice shall state: (A) The general subject matter of the hearing and all matters scheduled for consideration at the hearing; (B) The date, time and place of the hearing; (C) The street address where a staff report and the criteria may be found; (D) That failure by a person to raise an issue at the hearing in person or in writing, or failure to provide sufficient specificity to afford the council an opportunity to respond to the issue raised, shall preclude appeal by that person to the Land Use Board of Appeals based on that issue; (E) That persons whose names appear on petitions submitted into the public hearing record will not be considered by that action to have provided oral or written testimony at the hearing; (F) That notice of adoption of the land use final order will be provided only to persons who provide oral or written testimony at the hearing and who also provide a written request for notice and a mailing address to which notice shall be sent; and (G) That appeals from decisions in a land use final order must be filed within 14 days following the date the land use final order is reduced to writing and bears the necessary signatures. (b) The council also shall provide such other notice as the council deems necessary to give notice to persons who may be substantially affected by its decision. No other form of notice is required. (6)(a) At least seven days prior to the hearing, the council shall make a copy of the staff report available for public inspection. The staff report shall: (A) Set forth the criteria established under ORS 197A.505; (B) Include a description of the proposed boundaries within which the project improvements will be located, as applied for by TriMet under subsection (2) of this section; and (C) Address how the proposed boundaries comply with the criteria. (b) Without providing additional notice, the council may amend the staff report prior to the hearing as the staff considers necessary or desirable. (7) At the commencement of the hearing, a statement shall be made to those in attendance that: (a) Lists the criteria or directs those present to a place at the hearing location where any person may obtain a list of the criteria at no cost; (b) Lists generally the project improvements, including their locations, for which decisions will be made in the land use final order; (c) Testimony shall be directed toward the application of the criteria to the project improvements, including their locations, to which decisions will be made in the land use final order; (d) Failure by a person to raise an issue at the hearing, in person or in writing, or failure to raise an issue with sufficient specificity to afford the council an opportunity to respond to the issue raised, shall preclude appeal by that person to the board based on that issue; (e) Persons whose names appear on petitions submitted into the public hearing record will not be considered by that action to have provided oral or written testimony at the hearing; (f) Notice of adoption of the land use final order will be provided only to the affected local governments and to the persons who have provided oral or written testimony at the hearing and who also have provided a written request for notice and a mailing address to which notice shall be sent; and (g) Appeals from decisions in a land use final order on the project improvements, including their locations, must be filed within 14 days following the date the land use final order is reduced to writing and bears the necessary signatures. (8)(a) The council shall allow for the submission of oral and written testimony at the hearing, subject to any hearing procedures the council deems necessary or appropriate for the adoption of a land use final order. (b) The council may exclude irrelevant, immaterial or unduly repetitious testimony. (9) The council may take official notice at the hearing of any matter identified in ORS 40.065 and 40.090 or as authorized by resolution of the council establishing hearing procedures for the adoption of land use final orders. (10) The council is not required to provide any opportunities in addition to those described in this section for interested persons to participate in the proceedings of the council in adopting a land use final order. The council may establish by resolution additional procedures to govern its proceedings in adopting a land use final order, subject to the provisions of this section. (11) The council shall close the hearing and shall adopt a land use final order by resolution or continue the matter as provided in ORS 197A.511 (1) or as the council otherwise considers necessary for the purpose of adopting a land use final order. [2017 c.714 6] Note: See note under