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| Issues of Interest Comprehensive Plan Review Public Comments |
| Our Goal: To improve the livability of Florence through public education and community involvement. |
SUBJECT: Public Notice of Opportunity to Comment on Proposed Amendments for
Inclusion of Lands East of North Fork Siuslaw Road and Munsel Creek Into the
Florence Urban Growth Boundary
Commissioners:
Thank you for extending the period for public comment on the proposal to expand the Florence
UGB.
As you seem to understand, this area (lands east of North Fork Siuslaw Road) had not previously
been mapped as an area to include in the Florence UGB. In fact, during the process of the
required public hearings related to the various periodic review work tasks, the maps provided by
the city did not indicate that the parcels in the vicinity of North Fork Siuslaw Road were being
considered for inclusion in the Florence UGB.
It appears that the City is actually proposing an additional Comprehensive Plan amendment, that
being a diagram amendment to include the area east of North Fork Siuslaw Road as part of the
Florence UGB. A proposal of this nature would also require a Lane County Rural
Comprehensive Plan amendment, and adoption of new zoning designations, pursuant to Lane
Code Chapter 10 “Small Cities Urban Growth Boundary,” into the Florence Comprehensive
Plan. Additionally, any proposed inclusion of lands east of North Fork Siuslaw Road would
require that the City of Florence also amend the Lane County Coastal Resource Management
Plan and adopt Coastal Combining Overlays into the Florence Comprehensive Plan at the time of
an amendment to the UGB.
As noted at the March 18 public hearing, Commissioner’s told staff to send out notices to the
property owners who live in the area east of North Fork Siuslaw Road, which is the area the City
is proposing for inclusion in the Florence UGB. At the time of the March 18 hearing, none of
the property owners from the area east of North Fork Siuslaw Road had received notice of the
proposal to include these lands in the Florence UGB.
The text of Ballot Measure 56 states that Comprehensive Plan amendments are required to be
noticed pursuant to ORS 215.503 for Counties, and ORS 227.186 for Cities. The proposed UGB
amendment, as noted above, would require amending both the Florence Comprehensive Plan and
the Lane County Rural Comprehensive Plan. However, as far as we can ascertain, there has been
absolutely no official notice sent pursuant to either ORS 215.503 or ORS 227.186. The pertinent
parts of these statutes are included below.
227.186 Notice to property owners of hearing on certain zone change; form of
notice; exceptions; reimbursement of cost.
(1) As used in this section, "owner" means the owner of the title to real property or the contract purchaser of real property, of record as shown on the last available complete tax assessment roll.
(2) All legislative acts relating to comprehensive plans, land use planning or zoning
adopted by a city shall be by ordinance.
(3) Except as provided in subsection (6) of this section, at least 20 days but not more
than 40 days before the date of the first hearing on an ordinance that proposes to
amend an existing comprehensive plan or any element thereof, or to adopt a new
comprehensive plan, a city shall cause a written individual notice of a land use change
to be mailed to each owner whose property would have to be rezoned in order to
comply with the amended or new comprehensive plan if the ordinance becomes
effective.
(6) At least 30 days prior to the adoption or amendment of a comprehensive plan or land
use regulation by a city pursuant to a requirement of periodic review of the
comprehensive plan under ORS 197.628, 197.633 and 197.636, the city shall cause a
written individual notice of the land use change to be mailed to the owner of each lot or
parcel that will be rezoned as a result of the adoption or enactment. The notice shall
describe in detail how the ordinance or plan amendment will affect the use of the
property.
215.503 Legislative act by ordinance; mailed notice to individual property owners
required by county for land use actions.
(1) As used in this section, "owner" means the owner of the title to real property or the
contract purchaser of real property, of record as shown on the last available complete
tax assessment roll.
(2) All legislative acts relating to comprehensive plans, land use planning or zoning
adopted by the governing body of a county shall be by ordinance.
(3) Except as provided in subsection (6) of this section and in addition to the notice
required by ORS 215.060, at least 20 days but not more than 40 days before the date
of the first hearing on an ordinance that proposes to amend an existing comprehensive
plan or any element thereof or to adopt a new comprehensive plan, the governing body
of a county shall cause a written individual notice of land use change to be mailed to
each owner whose property would have to be rezoned in order to comply with the
amended or new comprehensive plan if the ordinance becomes effective.
(4) In addition to the notice required by ORS 215.223 (1), at least 20 days but not more
than 40 days before the date of the first hearing on an ordinance that proposes to
rezone property, the governing body of a county shall cause a written individual notice
of land use change to be mailed to the owner of each lot or parcel of property that the
ordinance proposes to rezone.
(5) An additional individual notice of land use change required by subsection (3) or (4)
of this section shall be approved by the governing body of the county and shall describe
in detail how the proposed ordinance would affect the use of the property.
(6) At least 30 days prior to the adoption or amendment of a comprehensive plan or land
use regulation by the governing body of a county pursuant to a requirement of periodic
review of the comprehensive plan under ORS 197.628, 197.633 and 197.636, the
governing body of the county shall cause a written individual notice of the land use
change to be mailed to the owner of each lot or parcel that will be rezoned as a result of
the adoption or enactment. The notice shall describe in detail how the ordinance or plan
amendment will affect the use of the property.
Each of these statutes goes on to further prescribe the procedures for the required notice.
Thus far, the City has erred in it’s application of the law pursuant to the notice requirements of
ORS 215.503 and 227.186.
In order for the City to move forward with any proposal to include lands east of North Fork
Siuslaw Road in the Florence UGB, legal notice must be issued in accordance with the
requirements of the previously stated statutes of law.
We request that any further discussion of this UGB expansion proposal be noticed lawfully, to all
affected property owners. In lieu of legal notification, we contend the City of Florence is
prevented from ‘closing the public record’ and moving ahead with the proposal to extend the
UGB to include parcels east of North Fork Siuslaw Road.
Thank you for your consideration of our comments.
Cc: Citizens For Florence
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P.O. Box 1212 Florence, Oregon 97439 |
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