Land Use Public Hearings FAQ
Many types of land use applications require quasi-judicial approval through a public hearing process with the Planning Commission, Historic Resources Commission (“HRC”), or City Council. Below are answers to some common questions regarding land use public hearings. If you have further questions, please feel free to contact the Planning Division.
Applications generally follow one of two tracks: (1) general development, or (2) special development. For a flowchart of the steps in each process, please visit this land use application process flowcharts link.
How can I review the staff report prior to the public hearing?
A staff report discussing the request in relation to the criteria will be available online (www.corvallisoregon.gov/cd-staffreports) and in the Planning Division office seven days before the hearing. Depending on the land use application type, the staff report may include recommended Conditions of Approval.
What is the general order of proceedings at a public hearing?
Once the public hearing is opened, City staff presents an abbreviated version of the staff report (no longer than 15 minutes) and responds to preliminary questions from decision makers. After this, the applicant is invited to make a presentation (also no longer than 15 minutes) and respond to questions from decision makers. Although applicants are not required to make a presentation, most determine that it is in their best interest to do so. Following the presentations, the public has an opportunity to provide oral testimony in favor of, in opposition to, or neutral to the application. Finally, the decision making body closes the public hearing, deliberates, and ultimately makes a decision on the application.
Is the applicant required to give a presentation?
No. At the very least, however, the applicant should be in attendance and available to answer questions.
What should the applicant’s presentation include?
If the applicant chooses to present, the presentation should include a description of the project objectives, the main components of the project, and a discussion of how it meets applicable review criteria. The presentation should be focused on how the application complies with the Land Development Code standards and review criteria, including Comprehensive Plan policies and any other adopted policies or plans that the applicant believes are relevant. The presentation should be consistent with the information provided in the application.
What should the applicant’s presentation NOT include?
The staff overview just prior to the applicant’s presentation will include a brief description of the site, the land uses in the vicinity, the Comprehensive Plan and zoning designations, the specific request(s), and the applicable review criteria used to evaluate the proposal. This is intended to set the stage for the review of the application. The applicant does not need to repeat this information.
How may an applicant use visual aids as part of their presentation?
If the applicant wishes to project a presentation or specific images, they may send electronic files to the Planning Division ahead of time or bring a thumb drive loaded with files to the hearing (PPT or PDF files are preferred). They may also distribute handouts, provided they bring 15 copies to account for all decision makers and City staff in attendance. Posters or other large displays must be left with staff so they may be documented for the record.
Can the applicant’s presentation involve multiple people?
Yes, bearing in mind the 15 minute time limitation. If there are team members who will not present but want to be available to respond to specific questions or to rebut testimony, they should be introduced at the outset of the presentation.
What if the applicant disagrees with information in the written staff report?
The applicant may identify any points of disagreement with the written staff report in their presentation or in written form. The applicant should describe the basis of the disagreement, and if they have a preferred alternative, this information should also be identified.
What opportunities will the applicant have to respond to public testimony?
The applicant will have the opportunity to rebut any information raised during the course of the hearing. The rebuttal should be limited to 10 minutes and should focus on the specific points of contention.
When will a decision be made?
A decision generally will be made after the close of the public hearing unless the decision making body votes to continue to a subsequent meeting, the record is held open, or the applicant does not waive their opportunity to provide a final written argument.
What is “holding the record open”?
If new evidence or documents are provided during the hearing, any party is entitled to prepare a written rebuttal to the new evidence upon request. If such a request is made, the hearing authority is obligated to hold the record open for an additional seven days.
What is a “final written argument”?
This is a final opportunity for the applicant to emphasize certain aspects of the application or respond to concerns that arose during the hearing. Even if the record is not held open, the applicant legally has an additional seven days to provide a final written argument if they choose. At the close of the public hearing, the applicant will be asked whether they wish to provide a final written argument within seven days or to waive that opportunity.
What is a “continuance”?
Any party participating in the hearing may also request that the hearing be continued to the next meeting. Continuances must be requested for a particular reason, and the granting of a continuance is at the discretion of the presiding body.
When is the decision effective?
Once a decision is made, it is formalized in a Notice of Disposition (“NOD”). Unless appealed, Planning Commission and HRC decisions become effective twelve days after the NOD is signed, and City Council decisions become effective 21 days after the NOD is signed. Typically, the Mayor signs NODs the same night as the decision, and Chairpersons sign them the day after the decision.
What happens if a decision is appealed?
A decision may be appealed by anyone with standing – this includes the applicant, any person or neighborhood association who submitted oral or written testimony, or a group of ten registered voters who are City residents. Appeals of Planning Commission and HRC decisions require a “de novo” (meaning “from the beginning,” or without considering the previous decision) public hearing with the City Council. City Council decisions are appealed to the Oregon Land Use Board of Appeals.
