At the November 12, 2019 city council meeting, the council considered the adoption of Ordinance No 2284 which would rezone a 5.45 acre tract north of the Hermiston Drain and west of NE 4th Street.  The ordinance failed to pass the city council by a vote of 3 in favor and 5 opposed.  The failure of the ordinance to pass results in maintaining the status quo with the property retaining the C-2 zoning.  

However, under the rules for land use actions in the State of Oregon, there must be a final decision undertaken by the city council.  The ordinance had findings in support of rezoning.  Since the ordinance was not adopted, findings for denial of the request must be adopted by the city council.  Attached to this document are the original findings supporting denial adopted by the planning commission on October 9, 2019.  The city council should make a motion to adopt these findings which support the decision to not rezone the property.

In discussing the procedural issues with land use counsel, it was recommended that all councilors affirm that they reviewed the record prior to voting on Ordinance No. 2284.  During the evidentiary hearing on October 28, there were seven councilors in attendance, and nine were in attendance on November 12.  This allows councilors who were not in attendance during the hearing to state for the record that they reviewed all the evidence and testimony presented.

Following adoption of the findings of fact for denial of the request, staff will treat notifications with the same procedures as all other land use actions.  All participants in the hearings and the applicant will be mailed a notice of decision within five business days.  The notice will inform them of their appeal rights and establishing a 21-day period for filing an appeal with the Land Use Board of Appeals.

Poll of councilors affirming they have reviewed the city record

Motion to adopt the findings of fact