The adopted Comprehensive Plan is the official statement of the City that sets forth major policies concerning desired future development of the community. The Comprehensive Plan is the controlling land use planning instrument for the City, and as such land development regulations and related actions are required to conform to the plan.

This chapter pertains to lands within the City limits. Those portions of the Comprehensive Plan that apply to areas outside the City limits but within the urban growth boundary shall be amended in accordance with the provisions of Clackamas County and the Sandy Urban Growth Management Agreement.

This chapter sets forth review criteria and procedural requirements in order to:

A.

Respond to changing conditions and community attitudes;

B.

Ensure flexibility while at the same time maintain the integrity of the Comprehensive Plan; and

C.

Establish procedures by which the Plan text and map may be amended.

Comprehensive Plan amendments may be initiated by one of the following:

A.

An application submitted by a property's owners or their authorized agents for a specific property; or

B.

A majority vote of the City Council.

Applications for Comprehensive Plan amendments initiated by property owners shall be reviewed semi-annually in March and September unless otherwise authorized by the City Council. The City Council may initiate amendments to the Comprehensive Plan at any time. Comprehensive Plan Amendments filed in conjunction with an annexation application shall be reviewed concurrently. Comprehensive Plan amendments are exempt from the time limits established in State law for development review processes and shall be exempt from time restrictions set in this Code.

An application may be filed jointly by any or all of the property owners of record or their authorized agents within the area of the proposed Comprehensive Plan amendment. Applications shall be on forms provided by the Director and include a description and map of the area to be affected by the proposed change, a statement of the reasons for the change, and other information as may be necessary for an adequate review of the application. Notice shall be provided to the Land Conservation and Development Commission (LCDC) of any proposed amendment or new regulation as provided by State law. In addition, notice of any proposed amendment that may affect private access to state roads, or that may impact a state transportation facility, shall be provided to the Oregon Department of Transportation (ODOT).

A.

The Director shall review the application in accordance with Chapter 17.20—Public Hearings;

B.

After accepting a complete application, the Director shall schedule a public hearing to be held by the Planning Commission. Notice of the hearing shall be provided in accordance with Chapter 17.22 Public Notices.

The Director shall prepare a report that evaluates whether the proposal complies with the review criteria in Chapter 17.24.70. The report should include a recommendation for approval or denial.

Comprehensive Plan amendments shall be reviewed to assure consistency with the purposes of this chapter, policies of the Comprehensive Plan, and any other applicable policies and standards adopted by the City Council. Amendments shall be approved only when the following findings are made:

A.

The change being proposed is the best means of meeting the identified public need; and

B.

The change conforms to all applicable Statewide Planning Goals.

A.

Planning Commission. The Planning Commission shall conduct a public hearing in accordance with Chapter 17.20—Public Hearings. Following the close of the public hearing, the Commission shall make a recommendation to the City Council concerning the proposed Comprehensive Plan map amendment. The Commission's recommendations shall include findings that specify how the proposal has or has not complied with the above review criteria.

B.

City Council. Upon receipt of the Planning Commission's recommendation the matter shall be set for a de novo public hearing before the City Council. Following the close of the public hearing, the City Council shall either deny the application or adopt an ordinance approving the proposed Comprehensive Plan map amendment or a modification thereof. The City Council's decision shall include findings that specify how the proposal has or has not complied with the above review criteria.

C.

Notwithstanding any contrary code provision and in the City Council's sole discretion, it may allow an amendment to proceed directly to a public hearing before the City Council without a hearing or recommendation from the Planning Commission.

The Director shall provide the applicant with a notice of decision that includes a written statement of the City Council's decision, a reference to findings leading to it, and appeal period deadline. A notice of the decision shall also be mailed to persons who participated orally or in writing at the public hearing and who in writing requested notice of the decision.