The purpose of this chapter is to provide standards and procedures for legislative and quasi-judicial amendments to the City's Comprehensive Plan and ancillary documents, specific area plans, the land use district map and this title (Land Development Code). These will be referred to as "map and text amendments." Amendments may be necessary from time to time to reflect changing community conditions, needs and desires, to correct mistakes, or to address changes in the law.
(Ord. 389 § 1(Exh. A), 2009)
A. 
Any change in the text, map or implementing ordinances of adopted Happy Valley land use regulations may be initiated by the City, any resident of the City, property owners or authorized agent. A change in the text may be initiated by as few as one person desiring a revision in the wording, scope, direction or organization of the plan. A change in the map which involves properties and/or district boundaries must be initiated by at least 75% of the property owners or authorized agents who own or represent at least 75% of the land area involved in the petition of change. The City may, for the purposes of revising or updating plans to comply with statewide goals, legal guidelines or other necessary criteria, initiate a change in the map or text of any plan and this Land Development Code at any time.
B. 
Amendments to the Land Development Code. An amendment to any chapter or section of this title for the purpose of adding or deleting words or subjects, broadening or narrowing scope, providing direction, clarification or improvement of the Development Code may be initiated by any person or persons, including the City itself. See Sections 16.67.020 and 16.67.030 of this chapter.
(Ord. 389 § 1(Exh. A), 2009; Ord. 398 § 1, 2010; Ord. 439 § 1(Exh. A), 2013)
Legislative amendments are policy decisions made by City Council. Except in the case of expedited annexation, they are reviewed using the Type IV procedure in Section 16.61.050 and shall conform to the provisions in Section 16.67.030(C).
(Ord. 389 § 1(Exh. A), 2009; Ord. 439 § 1(Exh. A), 2013; Ord. 582, 3/19/2024)
A. 
Applicability of Quasi-Judicial Amendments. Quasi-judicial amendments are those that involve the application of adopted policy to a specific development application or Code revision, and not the adoption of new policy (i.e., through legislative decisions). Quasi-judicial Comprehensive Plan map/district map amendments shall follow the Type IV procedure, as governed by Section 16.61.040, using standards of approval in Section 16.67.030(C). The approval authority shall be as follows:
1. 
The Planning Commission shall make a recommendation to the City Council on an application for all other Comprehensive Plan map/land use district plan map amendments. The City Council shall decide such applications.
2. 
The City Council shall be the review authority for annexations that involve the legislative conversion of existing Clackamas County Comprehensive Plan designations/zoning districts to City Comprehensive Plan designation/zoning districts, per the provisions of Section 16.67.070.
B. 
Filing requirements.
1. 
In order to have a complete application for any proposed text amendment, the applicant shall submit the necessary application forms, and a narrative addressing applicable Comprehensive Plan objectives and policies, as well as the review criteria within Section 16.40.041.
2. 
In order to have a complete application for a proposed Comprehensive Plan map/zoning map or specific area map amendment, the applicant shall submit:
a. 
The necessary application forms, and a narrative addressing applicable Comprehensive Plan goals and policies, as well as the review criteria within Section 16.61.040;
b. 
A conceptual development plan illustrating a proposed street system, lot pattern, neighborhood circulation plan within a 500 foot radius of the subject site, and any natural resource or steep slopes areas;
c. 
A traffic study prepared by a professional, Oregon-licensed traffic engineer. If a master plan that requires a full traffic impact analysis is required for a Comprehensive Plan map amendment/land use district map, a subsequent master plan may satisfy this provision, as determined by the Planning Official.
C. 
Criteria for Quasi-Judicial Amendments. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following criteria:
1. 
Approval of the request is consistent with the Statewide Planning Goals, applicable Oregon Administrative Rules (OAR), Oregon Revised Statutes (ORS), and the Metro Functional Plan; and
2. 
Approval of the request is consistent with the applicable goals and policies of the City's Comprehensive Plan; and
3. 
The property and affected area is presently provided with adequate public facilities, services and transportation networks to support the use, or such facilities, services and transportation networks are planned to be provided in the planning period; and
4. 
The change is in the public interest with regard to neighborhood or community conditions, or corrects a mistake or inconsistency in the Comprehensive Plan or land use district map regarding the property which is the subject of the application; and
5. 
When an application includes a proposed Comprehensive Plan map amendment/land use district map amendment, the proposal shall be reviewed to determine whether it conforms to Oregon Administrative Rule (OAR) 660-012-0060 (the Transportation Planning Rule - TPR) and Section 16.67.060. If a master plan that requires a full traffic impact analysis is required for a Comprehensive Plan map amendment/land use district map, a subsequent master plan may satisfy this provision, as determined by the Planning Official.
(Ord. 389 § 1(Exh. A), 2009; Ord. 501 § 1, 2016; Ord. 582, 3/19/2024)
The records of the Comprehensive Plan and Land Development Code and all amendments to them shall be officially held within the office of the City Recorder. All amendments to text and/or official map shall be approved or rejected by the City Council and acknowledged by the mayor and attested by the City Recorder. Each action that changes a district boundary shall be included on a new official map and approved by the Mayor and attested by the City Recorder and filed in the office of the City Recorder and will be correct and binding in all cases.
The City Recorder shall maintain a record of amendments to the text of this Code and the land use districts map in a format convenient for public use.
(Ord. 389 § 1(Exh. A), 2009)
A. 
Review of Applications for Effect on Transportation Facilities. When a development application includes a proposed Comprehensive Plan amendment or land use district change, the proposal shall be reviewed to determine whether it significantly affects a transportation facility, in accordance with Oregon Administrative Rule (OAR) 660-012-0060 (the Transportation Planning Rule – TPR) and the traffic impact study provisions of Section 16.61.090. "Significant" means the proposal would:
1. 
Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors). This would occur, for example, when a proposal causes future traffic to exceed the levels associated with a "collector" street classification, requiring a change in the classification to an "arterial" street, as identified by the City's Transportation System Plan ("TSP"); or
2. 
Change the standards implementing a functional classification system; or
3. 
As measured at the end of the planning period identified in the TSP, allow types or levels of land use that would result in levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; or
4. 
Reduce the performance of an existing or planned transportation facility below the minimum acceptable performance standard identified in the TSP; or
5. 
Worsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the TSP.
B. 
Amendments That Affect Transportation Facilities. Except as provided in subsection C, amendments to the Comprehensive Plan and land use regulations which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function, capacity, and level of service of the facility (identified in the TSP). This shall be accomplished by one of the following:
1. 
Adopting measures that demonstrate that allowed land uses are consistent with the planned function of the transportation facility; or
2. 
Amending the TSP to provide transportation facilities, improvements, or services adequate to support the proposed land uses; such amendments shall include a funding plan to ensure the facility, improvement, or service will be provided by the end of the planning period; or
3. 
Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation; or
4. 
Amending the planned function, capacity or performance standards of the transportation facility; or
5. 
Providing other measures as a condition of development or through a development agreement or similar funding method, specifying when such measures will be provided.
C. 
Exceptions. Amendments to the Comprehensive Plan or land use regulations with a significant effect on a transportation facility, where the facility is already performing below the minimum acceptable performance standard identified in the TSP, may be approved when all of the following criteria are met:
1. 
The amendment does not include property located in an interchange area, as defined under applicable law;
2. 
The currently planned facilities, improvements or services are not adequate to achieve the standard;
3. 
Development resulting from the amendment will, at a minimum, mitigate the impacts of the amendment in a manner that avoids further degradation to the performance of the facility by the time of the development; and
4. 
The road authority provides a written statement that the proposed funding and timing for the proposed development mitigation are sufficient to avoid further degradation to the facility.
(Ord. 389 § 1(Exh. A), 2009)
A. 
Except as provided in subsection B of this section, when the City Council approves the annexation of unincorporated territory, the ordinance approving the annexation shall amend the City's Comprehensive Plan map/zoning map to reflect the conversion from the County designation/zone to a corresponding City designation/zone, as shown in Table 16.67.070-1 below. Applications shall be processed as expedited if they are within an adopted Comprehensive Plan. An expedited annexation process shall be sent directly to the City Council for review. For non-expedited annexations, a concurrent Comprehensive Plan/Zoning Map Amendment is required to be filed as a Type III-PC decision consistent with the requirements of Section 16.61.040.
Table 16.67.070-1 Land Designation Conversion Table
Clackamas County Zone
City of Happy Valley Zone
Urban/Rural Residential
R-2.5
SFA
R-5
R-5
R-7
R-7
R-8.5
R-8.5
R-10
R-10
R-15
R-15
R-20
R-20
MR-1
MUR-M1
MR-2
MUR-M2
HDR
MUR-M3
RA-2
R-15
FU-10
FU-10*
RRFF-5
RRFF-5**
FF-10
FF-10**
Natural Resources
EFU
EFU**
Commercial
NC
MUE
C-2
MCC
C-3
MCC
RCC
MCC
RCO
MUC
OC
CCC
RCHD
MUR-M2
RTL
MUC
OA
MUC
PMU-6
RCMU
Industrial
LI
IC
GI
IC
BP
EC
Special Districts
OSM
IPU
Sunnyside Village
VR-4/5
R-5
VR-5/7
R-5
VCS
IPU
VA
MUR-M1
VO
VO
VTH
VTH
Notes:
*
Annexation of this zoning district (outside of properties annexed from the former City of Damascus) would require the creation of a new Comprehensive Plan designation/zoning district within the City that would be determined by the Planning Official based on surrounding Comprehensive Plan designations/zoning districts and a Transportation Planning Rule-compliant Traffic Impact Analysis.
**
Clackamas County rural residential and farm zones that are annexed within the City of Happy Valley retain these designations/districts, which are administered by the City via the applicable auspices (for example, yard setbacks) of the Clackamas County ZDO until receiving urban zoning per an adopted urban Comprehensive Plan.
B. 
When an unincorporated territory within a Comprehensive Plan adopted by the City of Happy Valley is annexed to the City, the ordinance approving the annexation shall apply the applicable zoning designation in the Happy Valley Comprehensive Plan pursuant to the applicable requirements of the Land Development Code.
C. 
For any proposed annexation to the City, application shall be made directly to the City of Happy Valley on the appropriate forms and accompanied by the required fee, if any. Upon receipt of the form, the City shall schedule a public hearing before the Planning Commission (non-expedited) or City Council (expedited). The City may utilize any lawful annexation process under State, regional or local law, including the expedited annexation process established in the Metro Code.
(Ord. 389 § 1(Exh. A), 2009; Ord. 398 § 1, 2010; Ord. 422 § 1, 2012; Ord. 424 § 1, 2012; Ord. 433 § 1, 2013; Ord. 468 § 1, 2014; Ord. 474 § 1, 2015; Ord. 501 § 1, 2016; Ord. 573 § 1, 2023; Ord. 582, 3/19/2024)