DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Tuesday, November 30, 2010

Transcription

1 NOTICE OF ADOPTED AMENDMENT 11/16/2010 TO: FROM: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments Plan Amendment Program Specialist SUBJECT: City of Oregon City Plan Amendment DLCD File Number The Department of Land Conservation and Development (DLCD) received the attached notice of adoption. Due to the size of amended material submitted, a complete copy has not been attached. A Copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local government office. Appeal Procedures* DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Tuesday, November 30, 2010 This amendment was submitted to DLCD for review prior to adoption pursuant to ORS (2)(b) only persons who participated in the local government proceedings leading to adoption of the amendment are eligible to appeal this decision to the Land Use Board of Appeals (LUBA). If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals (LUBA) no later than 21 days from the date the decision was mailed to you by the local government. If you have questions, check with the local government to determine the appeal deadline. Copies of the notice of intent to appeal must be served upon the local government and others who received written notice of the final decision from the local government. The notice of intent to appeal must be served and filed in the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at , if you have questions about appeal procedures. *NOTE: The Acknowledgment or Appeal Deadline is based upon the date the decision was mailed by local government. A decision may have been mailed to you on a different date than it was mailed to DLCD. As a result, your appeal deadline may be earlier than the above date specified. NO LUBA Notification to the jurisdiction of an appeal by the deadline, this Plan Amendment is acknowledged. Cc: Pete Walter, City of Oregon City Gloria Gardiner, DLCD Urban Planning Specialist Jennifer Donnelly, DLCD Regional Representative Bill Holmstrom, DLCD Transportation Planner <paa> YA

2 DLCD This Form'2 must bcftdailed to'dled within S-WoHililg Days after the Final' Ordinance is signed,by the public Official Designated by the jwisdiction and all other requirements ofors and OAR , ~ o In person 0 electronic 0 mailed : DEPT OF T, IE NOV S T LAND CONSERVATION A AND DEVELOPMENT M. 'P For Office Use Only Jurisdiction:.. CITYOF, OREGON.CITY Local file number:,,, PZ ZC Date of Adoption: 11/3/2010 Date Mailed: 11/ Was a Notice of Proposed Amendment (Form 1) mailed to OLCO? 0 Yes 0 No Date: o Comprehensive Plan Text Amendment. "i', '.,... -::" ", I ;..1.,': :'. ~'1' '.. f. :., ';. ~. OLand' Use Regulation Amendment o Zoning Map'~rn~rtdm~nt..,'.'.,-" '. ",.~. o '. -, NewLand Use Regulation OOUler: ' 0 Cor~lprehen~i~ePlai1"Map Amendment Summarize the adopted amendment. 00 not l,ise technical terms. Do not write "See Attached". AMENDED THE CITY'S COMPREHENSIVE PLAN MAP FROM COUNTY EU - FUTURE URBAN TO MUC - MIXED USE CORRIDOR AND CHANGED THE Cm ZONING MAP FROM COUNTY - FU-IO TO MUC-l"':"MrxED USE CORRIDOR DISTRICTFOR THE PRO:PERTYIDENTIFIED AS CLACKAMAS COUNTY MAP 3-2E-IOC, TAX LOT 800. NO DEVELOPMENT IS PROPOSED AT THIS TIME. \. D.oes the Adoption differ from proposal? No, No explanatio~ i~ 'tieccessary Plan Map Changed from: COUNTY FU FUTURE URBAN to: MUC - MIXED USE CORRIDOR Zone Map Changed from: COUNTY - FU 10 to: MUC-1 - MIXED. USE CORRIDOR Location: Beavercreek Road,Oregori'City,OR Acres Involved: 9.59 Specify Density: Previous: 1 DWELLING " New: NA - NO DEV. PROPOSED Applicable statewide planning goals: ,, ~~DD~~DD~~~~~~DDDDD Was an Exception'Adopted? 0 YES ~ NO Did OLCO receive a Notice of' Proposed Amendment... 4S-days prior to first evidentjary hearing? If no, do the statewide planning goals apply? If no, did Emergency Circumstances require immediate adoption? [gi Ves DVes DVes DNo ONo DNo DLeD file No.

3 1. ThjJ Ptitin 2 'fuustl';e' subirli~~d by 'local jffii~ructi8ri.:ortly:(i1<>1,by,applicli11tr... ~.,~WIM#~~1l#~; Ple~e p~~:~~~ :~,~i-~c~:~~~~t~~~c~ap~~~i'il~flil~b~e~~ ":..,.'... '. 3. Send this Fonn 2 arid One n),com.plete'paper.copy- and One (1) ElectroniC-Digital CD (documents and maps) oftlieadopted Amendnitfut to the addressmntmiliedi:.... ;f" '...:.p...'f...;'n... ;): ':.t ",;i.-" :,:-.,-~.. ". ';~.,: ~I)d:...;.., 4. Electromc Subinittals: Form 2 - Notice of Adoption will not be accepted via or any electronic or digital format at this time....' ;:. ",,~~;...v~;.: :.,! :t1' ", ~ -..: ~:, U.::, ".. I 5: The Adopted Materials must include the final decision signed by the official,designated by the jurisdiction. The Final Decision must include approved signed ordinance(s), finding(s),~eiiliibif( }: iihdany map(s)...-.'-'---'. ',... ~..-'. -~.;.~...-. " ,,-,"'._.,... ~. ~."' ~._'-_.-'. "'-. -",-~.--,.-"-'.-=''--'''''.~'.-''--'''. ~'.'-'--'~ _.... "'-"--...,...:._.'-,... ~-' ~ '- '.'--. ~...'"...,-< ~"'''-<.'''''-''''-'' i:'i---''-''. -,.-'''--' DLCD Notice of Adoption must be submitted in One (l)completepaper Copy and One (1) Electronic Digital CD via UilitedState'sPostal Service. ComnionCarrier' or Hand Carried to the DLCDSaiemOffice and stamped with"the incoming date stamp. (for submittal instructions, <~s~.-see-~~m~~~~~co:py:~~.~~-oftlj~~ffopfe~~~eii~~tf6:;." :...,.,.",,"~~..,..~', -' : ;~8~1~,~~;;~!ri~::s~~n~Ji~tI~~~~:rtfrO~ ". J:)ead.liftl?;,fu;appeii1~.~ --:lilla-is' ~a cu a_.twenty':" ne,(f.;.,-.i~."tt~p;1.the;te,q~!'nhqlq~pnark; d.ate). pr,dqpti9n (see ORSI97.830toI97;845 ). '".'\,'. '..,.'... ' 9.. madditiq~ t9..~ending'theform 2 - Notice ofad~~ti~~'1ri'i:jtcf):'~f~js~;gotir;;'~~~s~ns who partic~ated ~ '~')i\i, 'the locillih~~ and reuested notice of the final decisionllt tfi~~~a1fi~ tilife\,m&'ruic} ;:tion":acket is tnailedtd ,:,.. '. :...:.. _,.~..._... _..(L,_...._.. _''' ~,~.~,,-~,--..._.._:~...,-,-QP-....~ _..._._. '1?LCI>1~S~ gi.ts ). y i~qqiji,{~},.i~\ :!'lff!:"' :~";;(";'. /\:.. 1!".~:I "g:e ~t~~~;.;'=,,,~ _.. _ _.._------, ;-_._-- ~{=~~~~'.r.usi: yo1t.~~~... ~ ~--. -~ ~--~--.~---~-,-~-~-.. -~ -.~--~ ~ , ~-~ _.-.' _._._--.. ~(,,-.!':~--.. l.!pdated December 22, 2009

4 OREGON CITY Community Development - Planning 221 Molalla Ave. Suite Oregon City OR Ph (503) Fax (503) Notice of Decision November 9,2010 FILENO.: FILE TYPE: OWNER: APPLICANT: REQUEST: LOCATION: PZ 10-01: Comprehensive Plan Map Amendment ZC 10-01: Zone Change Type IV - Quasi-Judicial Land Use Decision Marylwood, LLC Att: Phil Gentemann 7128 SW Gonzaga St Portland, OR Theta, LLC, Attn. Bruce Goldson POBox 1345 Lake Oswego, OR Approval of a Comprehensive Plan Map Amendment from County FU - Future Urban to MUC - Mixed Use Corridor and a Zoning Map Change from County - FU-lO To MUC-l - Mixed Use Corridor District for the Property identified as Clackamas County Map 3-2E-I0C, Tax Lot Beavercreek Road Clackamas County Map 3-2E-I0C, Tax Lot 800 Public Testimony: Christine Kosinski Elisabeth Graser-Lindsay Tom O'Brien

5 "0"' '. _. _:. :~_~:;:-"---.-: "::".:'- =.:...-:--:~_-_-=--:.::--=-'.' T-;--' ~-.. --~-=:-~-:::::..::::::-=-i.-:::-;.:::;;~::~:::_::.::-:::::.~.:~~:::.::::~-;:-:..~ :::.::-. ---:":"~.;..;;:-:::~.:~:-~:,jr:-:";::~~. _. -=:~:':"':_"-..::.::.z~:.-::::~..~_ ~_..."...--.:;-.".-:.' :.. -.._..._ '-','". ". :". --', ". -.:t;;}1},:;lti~jjr~,nttj~r;//,.,,(' ~,~,.Lf:~~,~;~~J~"t.. "'. -, Th~Applicflht is r~~pop~ihlefort9is,i?r6j cf;~cqmplia~cewithengineering Policy 00,-01. The '~f~b~~~lj~ti~~&,~~j!~g~~~~;"~*~lt~1~~~~?~~!i4 ~f~~t~~ri~s~~iti~~~l~y~\i~~ ~v~,.p.~~li~... ':, ",:.::., (, \,.. ;:': PublicfatUities/inn;astructurelocations shall be provided as det~m:p.jue.~:lby,tj;te future. Li.'.,J.i~' ;', developmeiit's c(jndh:iohs of approval... ;;;:;,::,,;i\... ;;; "". ~)~.c':<'.~>;- ;~t::; " ':'">' :'.' " :'.. -'_!~ J\i.~~ ( ;~, ~.\ :'- n.;~ >:,<'.~;.:... Futur~developmentSshall obtaintluiappropriate Erosion Preve~ti~~.:C!n,~'S~,9imentation Control per~it(s)a~the tiil!-~o(~ol1struction plansubmittal. ' '.',",.'.,. Based on the demonstrated significant effect to the intersection at HigI1way;213!Meyers R6a:a, before receiving building permits the applicant shall contribute aproportional share of funding for the construction of the westbound right turn lane at theor 213jMeyers Rdintersection. The am01,mtofthe proportional shareshaji be determined based on a revised trc!.fficimpact analysis that will be submitted at the time,a development application' is ~ub,mitted when the proposed. uses are kno.. w,.:n..,,'..','..... "..... '. ",'..... ~, <~;/ ;n,.:;,.".jj," If the Beavercreek Road Concept Plan (BRCPJ is formally adopted subsequentto approval of the proposed rezoning, as part of any subsequent site plan design review' approval, master plan, phased development review, or other appropriate review, the development shall comply with the BCRP, and any design and performance standards adopted thereto. If the Beavercreek Road Concept Plan is not yet adopted at the time the applicant seeks developnientapprov~il, the applicant's proposal shall be consistent with the intent and purpose of the ''Mixed' Employment ViIIage;.wlii'ch'is t6'prbvide retail,. office, civic and residential uses'in an urb~ri~,p~d~strian(riendiy and'jllb{~dlise'~etting that is transit supportive in its use, density and desigil~ 'b~:v~lopmehtshail creat~!an active urban envirimment th~t incorporates pedestrian- ; friendly amenities, urban building design consistent with the Beavercreek Road Concept Plan and >.!)::<;p~.t,(:!ff~c;q.y.~,gr~~naey,elopmentpractices. Ata minimum,the ov:erall development site shall irachieve an;:average:minimum floor area ratio (FAR) (jfq~25 and a minimum building height of ': " thirty-f6l1rfeetexceptfor accessofystructuresor buildings undero.ne thousand square feet. The '.' i" ";applicant rrlay,seek to 'modify these standards through the master plan adjustment or variance "" ",'. process'wi~p:;city ;,ipptoval.;'... i.".'",.,."''')'.,:; '.!.'lfi;--;':. ;:t,. j(~ ::-~1.(~f/j } ;,.;..):,~_ ::j,{t~.. :'f/~.,,:,,-... ~jt.:; < ' L (::{. ;;... ~.;~t, _:,:.. :; _!~;::i;:.~-",.;;,~:<' : : ~;/,..,~i) ; ;.(! d: \.. ~( ::.. };:.~.~t!(lj~'_f ;",,"_~.. ~.".,; ii(7;~ '1.',' In (lccqi;i;t~n,f~ )~i~h;9.cjvtc Q79,,'the r~quire(rminiin~ri,1~a~ ~ljali b~, c.. lf~jjt~d,ond~,prpje,ctby:projectbasls,apd!payindude;multiple contigu9us91ocks;jn;wi~ed"used~iel~inilehtsi,";::jvi;. resid~ntiahflool"'space'will be included inthe Galculaticms of flolmarea' ratio to determine, ;.. r coiif6~mafl,(;e:witli~rhinii11um'f ARs;Ani inliivh:l.ual.pl1~se 'of a\p)lpjete pprovedt~rough'th~master Plan;ptoce~s: OCMC 1i7:65(:shaIl:beipertnittedto'devel{f~)beIHwtfi~, ~qoired 'rnin'iintim:flcibr are'a" ratio.pr6videdilieappli~ahhie'iiionstrates; througfi'coven~nts applr~l:l'tb!hier ffiainder'bfthe'site._~ ~ ~...".Q!..I!r.Qj~~~~r thkq~h otberbin1!!.tigiegahtiechanisin, incliiding~l!h~sed deve!ql?!!!~ll.~!h.~-.!h~.. f:.(;,;_;...",,,r,t9~ir~~:p:~~~~~o/t~?t{\t~~lroj,et~uvlh ~J~c,,~;~Nn~ffl~ip.~?l~ct buh1:~~!.;_),;,;..,.. i'ct.,., :.; ,...,~ c: CitybfOregbh City I PO B~x3040'1320Wai'ner MiIneRoad I oregon,city,or ',PPli,(503}657c089f :WWW,orcity:6rg.

6 ORDINANCE NO AN ORDINANCE AMENDING A PORTION OF THE CITY'S COMPREHENSIVE PLAN MAP FROM COUNTY FU - FUTURE URBAN TO MUC - MIXED USE CORRIDOR AND TITLE 17: ZONING, CHAPTER : A PORTION OF THE OFFICIAL ZONING MAP, OF THE OREGON CITY MUNICIPAL CODE, FROM COUNTY FU-10 TO MUC-1 - MIXED USE CORRIDOR DISTRICT FOR THE PROPERTY IDENTIFIED AS CLACKAMAS COUNTY MAP 3-2E-10C, TAX LOT 800. WHEREAS, the City of Oregon City has adopted Comprehensive Plan and Zoning Maps to implement the Comprehensive Plan in conformance with statutory requirements and the requirements of the Statewide Land Use goals; and WHEREAS, the City of Oregon City Comprehensive Plan and Zoning Maps may be amended and updated as necessary upon findings of facts that satisfy approval criteria in the City of Oregon City Municipal Code Section ; and WHEREAS, the owner of the subject site, identified as Clackamas County Map 3-2E- 10-C, Tax Lot 800, has requested the approval of a Comprehensive Plan Amendment from Future Urban designation to MUC - Mixed Use Corridor designation. and a Zone Change from "County - FU-10" to "MUC-1" Mixed Use Corridor district, for a 9.6 acre parcel of land; and WHEREAS, the proposed comprehensive plan designation of the site as MUC supports the Mixed Use Corridor District zoning designation, and WHEREAS, the zone change from FU-10 District to MUC-1 is for a property that is has been located within the City's Urban Growth Boundary since 1979; WHEREAS, the MUC-1 Zone meets the intent of the Comprehensive Plan Policies for mixed-use development, housing choices and increased density near activity centers and along the Beavercreek Road corridor; WHEREAS, the subject property is not within the Metro Urban Growth Functional Management Plan Title 4 (Industrial and Employment Land) area that has been slated for redesignation out of Title 4 land on Metro's Urban Design Type Map; and therefore the City need not wait for the Title 4 map change before proceeding with the rezoning; and WHEREAS, based on the demonstrated significant effect to the intersection at Highway 213/Meyers Road, before receiving building permits the applicant shall contribute a proportional share of funding for the construction of the westbound right turn lane at the OR 213/Meyers Rd intersection. The amount of the proportional share shall be determined based on a revised traffic impact analysis that will be submitted at the time a development application is submitted when the proposed uses are known; and WHEREAS, the city considers the construction of the Meyers Road Extension between High School Ave and OR-213 by 2027 a reasonably likely improvement that will be demonstrate compliance with the Transportation Planning Rule (OAR ), and the. project is identified in the City's capital improvement program and the city collects SDCs for this project's cost; and Ordinance No Effective Date: December 3,2010 Page 1 of3

7 WHEREAS, the projected' transportation and public infrastructure impacts resulting from a zone change from FU-10 to MUC-1 Mixed Use Corridor District shall be required to comply with the specific Conditions of Approval and all applicable city regulations at the time a development is proposed on the property, and the applicant has demonstrated compliance with the Transportation System Plan, PubliC Infrastructure Master Plans and Oregon City Municipal Code; and WHEREAS, notice of the proposed comprehensive plan map amendment and zone change was mailed to residents within 300 feet of the subject site and the Beavercreek Hamlet; and, in addition, signs were posted on the property, notice was published in a local newspaper and the City held public hearings where the objectives and concepts of the proposal were presented and discussed; and WHEREAS, on August 30 th, 2010, the Planning Commission held a public hearing and, after considering all the public testimony and reviewing all the evidence in the record, recommended approval of the requested comprehensive plan amendment and zone change (with conditions) to the City Commission by a 4,... 0 vote; and WHEREAS, on October 6 th, 2010, the City Commission held a public hearing and took testimony from the Hamlet of Beavercreek and subsequently extended the written comment period for 7 days to consider additional arguments; and WHEREAS, on October 20 th, 2010, the City Commission allowed additional testimony from the Hamlet of Beavercreek and voted not to consider a portion of the additional information submitted by the Hamlet concerning the finding that the construction of Meyers Road was reasonably likely to be constructed ; and WHEREAS, on November 3 rd, 2010, the City Commission, after considering all of the. public testimony and written arguments, found that.the application, as conditioned, met all of the applicable approval criteria for a comprehensive plan amendment and zone change; and WHEREAS, approving the comprehensive plan amendment and zone change is in compliance with the Goals and Policies of the Oregon City Comprehensive Plan and as proposed and conditioned is in compliance with all applicable city requirements. NOW. THEREFORE, OREGON CITY ORDAINS AS FOLLOWS: Section 1. The requested comprehensive plan map amendment Comprehensive Plan Amendment from Future Urban designation to MUC - Mixed Use Corridor designation (PZ 10-1), and a Zone Change from "County - FU-10" to "MUC-1" Mixed Use Corridor district (ZC 10-1) are hereby approved as proposed by the applicant with conditions for the property identified as Clackamas County Map 3-2E-10C, Tax lot 800 and the Comprehensive Plan Map and Zoning Map are hereby changed accordingly. Section 2. The comprehensive plan amendment and zone change are approved as proposed by the applicant with the conditions of approval attached to this Ordinance as Attachment A, Exhibit 1. Section 3. The Commission adopts the findings and conclusions from the August 30, 2010 Planning Commission staff report, included as Attachment A, Exhibit 2, and the Ordinance No Effective Date: December 3,2010 Page 2 013

8 Supplemental Findings, dated October 26, 2010, included as Attachment A. Exhibit 3 and incorporated herein to support the City's approval to amend the comprehensive plan map and zoning map. Read for the first time at a regular meeting of the City Commission held on the 3 nf day of November 2010, and the City Commission finally enacted the foregoing ordinance this 3m day of November ALIC~ Attested to this3rd day of November 2010 ~~ Ordinance No Effective Date: December Page 30f3