17.72.130 Public Hearing Process.
Public hearings shall be conducted as per requirements of McMinnville Ordinance No. 3682, as amended;
A. A staff report shall be submitted to the review body, and shall be made available to the public at least seven days before the date of the public hearing. Any public hearing may be continued to a specific date, time and location by oral announcement of that specific date, time, and location prior to the hearing being recessed. This announcement is sufficient notice to all applicants, adverse parties, and interested persons, and no further notice is required.
B. Legislative hearings: Within 45 days following the public hearing on a comprehensive plan text amendment or other legislative matter, unless a continuance is announced, the planning commission shall render a decision which shall recommend either that the amendment be approved, denied, or modified:
1. Upon reaching a decision the planning commission shall transmit to the city council a copy of the proposed amendment, the minutes of the public hearing, the decision of the planning commission, and any other materials deemed necessary for a decision by the city council;
2. Upon receipt of the decision of the planning commission, the city council shall:
a. Adopt an ordinance effecting the proposed change as submitted by the planning commission, or
b. Adopt an ordinance effecting the proposed change in an amended form, or
c. Refuse to adopt the amendment through a vote to deny, or
d. Call for a public hearing on the proposal, subject to the notice requirements stated in MMC 17.72.120(D).
C. Quasi-judicial hearings: A quasi-judicial public hearing may be held over on the planning commission’s own motion or on the request of any participant in the hearing who requests an opportunity to present additional evidence, arguments, or testimony on the application.
1. Should a participant request an opportunity to present additional evidence, arguments, or testimony, the planning commission shall have the discretion to grant the request by either:
a. continuing the hearing to a specific date, time and location, provided the date is at least seven days after the date of the initial evidentiary hearing or,
b. holding the record open for the submission of additional written evidence, arguments or testimony, provided that the record shall be left open for at least seven days after the date of the initial evidentiary hearing.
2. A request for continuance or a request to keep the record open shall be granted provided that the request occurs before the conclusion of the initial evidentiary hearing and either;
a. There is sufficient time under ORS 197.178, or
b. The applicant requests or agrees to the extension of time.
3. Within 45 days following the public hearing on a quasi-judicial matter, and unless a continuance is announced, the planning commission shall make specific Findings of Fact. Based on the findings, the planning commission shall render a decision which shall either approve or deny the application, or approve the application in a different form.
4. Planning commission decisions on the following applications shall be final unless an appeal is filed.
a. Appeal of Planning Director’s Decision
b. Conditional Use Permit
c. Tentative Subdivision (with more than 10 lots)
d. Variance
e. Any application listed in MMC 17.72.110 for which a public hearing is called.
5. Following the public hearing for all other quasi-judicial applications listed in MMC 17.72.120, the planning commission shall make a recommendation to the city council to approve or deny the application, or that the proposal be adopted or rejected, or that the application or proposal be approved in a different form.
a. If the decision of the planning commission recommends that an application be granted or that the proposal be adopted, or that the application be approved in a different form, the planning commission shall transmit to the city council, a copy of the application, a scale drawing of the site, the minutes of the public hearing, the decision and findings of the planning commission, and any other materials deemed necessary for decision by the city council
b. If the decision of the planning commission recommends that the application be denied, or the proposal rejected, no further proceedings shall be held by either the planning commission or city council, unless an appeal of the commission’s decision is filed.
6. Upon receipt of the decision of the planning commission to recommend approval the council shall:
a. Based on the material in the record and the findings adopted by commission and transmitted to the city council, adopt an ordinance effecting the proposed change, or;
b. Call for a public hearing on the proposal subject to the notice requirements stated in MMC 17.72.120(D) through (F).