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Neighbor raises legal-procedure concern ahead of Tom Wadew/Willamette Falls master plan hearing
Summary
A neighboring property owner urged the Planning Commission to treat a proposed Tom Wadew Village amendment to the Willamette Falls master plan as a legislative proceeding rather than a quasi-judicial land-use hearing, saying the original master plan was adopted by ordinance and amendments may require City Commission review.
A neighbor of the Tom Wadew Village site asked the Oregon City Planning Commission on Jan. 13 to review whether the pending master plan amendment should be handled as a legislative proceeding rather than a quasi-judicial land-use hearing.
Jim Nasita, who identified himself as a neighboring property owner, said he received a notice in the mail for the scheduled hearing and believes the application requests changes that amount to an amendment of the Willamette Falls master plan, which, he said, "was adopted by ordinance." Nasita told the commission, "I really think, that the, Tom Wadew Village, master plan amendment application should be a legislative proceeding, not a quasi judicial proceeding." He cited the procedural consequences that can follow from that classification, including the 120-day rule, limits on ex parte contact and whether the City Commission should hear the matter by right.
Commissioners and staff said they will seek legal clarification before the upcoming public hearing. A staff member replied that noticing has been completed and that staff is finishing the staff report, conditions and findings. The staff member said, "We'll reach out to Carrie Richter and see if she can produce an opinion on that," referring to the city attorney.
The commission’s discussion noted that quasi-judicial hearings typically apply to focused zone or plan amendments affecting one or a small number of parcels, whereas legislative proceedings are used for broader policy or code changes. A commissioner said the distinction can be "squishy" and depends on context; staff said they would re-check whether the proposed amendments would affect other code sections or the zoning and would confirm the correct procedural classification.
During the communications portion of the meeting staff also said the Tom Wadew master plan item will come before the commission at a later meeting and that the applicant’s notice will be part of the upcoming agenda packet.
No formal determination or vote on the procedural question was made at the Jan. 13 meeting; commissioners asked staff to coordinate with the city attorney and report back before the scheduled public hearing.
