DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Thursday, March 26, 2009

Transcription

1 Oregn Thedre R Kibng^):^Gvernr Department f Land Cnservatin and Develpment 635 Capitl Street, Suite 150 Salem, OR (503) Fax (503) www. lcd.state.r.us NOTICE OF ADOPTED AMENDMENT 03/09/2009 TO: FROM. SUBJECT: Subscribers t Ntice f Adpted Plan r Land Use Regulatin Amendments Mara Ulla, Plan Amendment Prgram Specialist Klamath Cunty Plan Amendment DLCD File Number The Department f Land Cnservatin and Develpment (DLCD) received the attached ntice f adptin. A Cpy f the adpted plan amendment is available fr review at the DLCD ffice in Salem and the lcal gvernment ffice. Appeal Prcedures* DLCD ACKNOWLEDGMENT r DEADLINE TO APPEAL: Thursday, March 26, 2009 This amendment was submitted t DLCD fr review prir t adptin with less than the required 45-day ntice. Pursuant t ORS (2)(b) nly persns wh participated in the lcal gvernment prceedings leading t adptin f the amendment are eligible t appeal this decisin t the Land Use Bard f Appeals (LUBA). If yu wish t appeal, yu must file a ntice f intent t appeal with the Land Use Bard f Appeals (LUBA) n later than 21 days frm the date the decisin was mailed t yu by the lcal gvernment. If yu have questins, check with the lcal gvernment t determine the appeal deadline. Cpies f the ntice f intent t appeal must be served upn the lcal gvernment and thers wh received written ntice f the final decisin frm the lcal gvernment. The ntice f intent t appeal must be served and filed in the frm and manner prescribed by LUBA, (OAR Chapter 661, Divisin 10). Please call LUBA at , if yu have questins abut appeal prcedures. *NOTE: THE 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 THAT IT WAS MAILED TO DLCD. AS A RESULT, YOUR APPEAL DEADLINE MAY BE EARLIER THAN THE ABOVE DATE SPECIFIED. Cc: Alyssa Bles, Klamath Cunty Dug White, DLCD Cmmunity Services Specialist Jn Jinings, DLCD Reginal Representative <paa> YA

2 THIS FORM MUST BE MAILED TO DLCD WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION PER ORS , OAR CHAPTER DIVISION 18 Jurisdictin: Klamath Cunty Lcal file number: CLUP/ZC Date f Adptin: 2/18/2009 Date Mailed: 3/5/2009 Was a Ntice f Prpsed Amendment (Frm 1) mailed t DLCD? YesDate: 12/2/2008 Cmprehensive Plan Text Amendment IE! Cmprehensive Plan Map Amendment Land Use Regulatin Amendment IKl Zning Map Amendment New Land Use Regulatin Other: Summarize the adpted amendment. D nt use technical terms. D nt write "See Attached" Applicants wish t change the Cmprehensive Plan designatin frm Frestry t Rural and change the zning frm Frestry t Rural Residential (R-5). Des the Adptin differ frm prpsal? N, n explanatin is necessary Plan Map Changed frm: Frestry t- Rural Zne Map Changed frm: Frestry t: Rural Residential (R-5) Lcatin: 3/4 mile west f Highway 97 in River Pine Estates Acres Invlved: 10 Specify Density: Previus: N/A New: 1 sfd15 acres Applicable statewide planning gals Was an Exceptin Adpted? IE1 YES NO Did DLCD receive a Ntice f Prpsed Amendment days prir t first evidentiary hearing? If n, d the statewide planning gals apply? If n, did Emergency Circumstances require immediate adptin? Yes N Yes N Yes N t)l-lb * Cj\ Z-t (I m v s.

3 DLCD file N Please list all affected State r Federal Agencies, Lcal Gvernments r Special Districts: DLCD, Klamath Cunty, Crescent RFPD, Oregn Department f Frestry Lcal Cntact: Alyssa Bles Phne: (541) Address: 305 Main Street Fax Number: City: Klamath Falls Zip: Extensin: Address: ables@c.klamath.r.us ADOPTION SUBMITTAL REQUIREMENTS This frm must be mailed t DLCD within 5 wrking days after the final decisin per ORS , OAR Chapter Divisin Send this Frm and TWO Cmplete Cpies (dcuments and maps) f the Adpted Amendment t: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON Electrnic Submittals: At least ne hard cpy must be sent by mail r in persn, but yu may als submit an electrnic cpy, by either r FTP. Yu may cnnect t this address t FTP prpsals and adptins: webserver.lcd.state.r.us. T btain ur Username and passwrd fr FTP, call Mara Ulla at extensin 238, r by ing mara.ulla@state.r.us. 3. Please Nte: Adpted materials must be sent t DLCD nt later than FIVE (5) wrking days fllwing the date f the final decisin n the amendment. 4. Submittal f this Ntice f Adptin must include the text f the amendment plus adpted findings and supplementary infrmatin. 5. The deadline t appeal will nt be extended if yu submit this ntice f adptin within five wrking days f the final decisin. Appeals t LUBA may be filed within TWENTY-ONE (21) days f the date, the Ntice f Adptin is sent t DLCD. 6. In additin t sending the Ntice f Adptin t DLCD, yu must ntify persns wh participated in the lcal hearing and requested ntice f the final decisin. 7. Need Mre Cpies? Yu can nw access these frms nline at Please print n 8-1/2x11 green paper nly. Yu may als call the DLCD Office at (503) ; r Fax yur request t: (503) ; r yur request t mara.ulla@state.r.us - ATTENTION: PLAN AMENDMENT SPECIALIST

4 BEFORE THE B O A R D OF f K L A M A T H C O M K I ^ " *. FINAL ORDER COUNTY ln THE MATTER OF FILE NUMBER CLUP/ZC WHEREAS, Cecil and Barbara Layman, applicants, and Rhine Crss Grup agent requested apprval f a quasi-judicial amendment f the USE PLAN MAP frm Frestry (F) t Rural (R); and a CHANGE OF ZONE frm Frestry (F) t Rural Residential (R-5) n a 10 acre prtin f a 98.8 ± acre prperty; WHEREAS, the subject prperty is described as Tax Lt 01600, in Sectin 13 f Twnship 23 Suth, Range 09 East Willamette Meridian and identified as Tax Accunt R895114, knwn as Parcel 3 f Land Partitin 60-05; and, WHEREAS the Klamath Cunty Planning Department prvided prper ntice f a public hearing held n January 27, 2009 befre the Klamath Cunty Planning Cmmissin and Bard f Cunty Cmmissiners; and WHEREAS the applicant submitted an Exceptin Statement t Statewide Planning Gal 4 (Frestry) and Planning Staff fund n ther restrictins exist n the subject parcel ther than Wildland Fire Hazard restrictins; and WHEREAS the Klamath Cunty Planning Cmmissin deliberated t a decisin, cncluding the prpsed amendment was nt cnsistent with the Cmprehensive Plan, mre specifically Cunty Planning Gal 4; and WHEREAS, n January 27, 2009, based n testimny entered and cnsideratin f the whle recrd, including the prpsed Findings f Fact identified in the Staff Reprt the Klamath Cunty Planning Cmmissin cncluded the applicatin was nt in cnfrmance with Articles 47 and 48 f the Klamath Cunty Land DevepmentCde and Cmprehensive Plan, and frwarded a recmmendatin f Denial fr Planning F.le CLUP/ZC t the Bard f Cunty Cmmissiners; and WHEREAS, n January 27, 2009, based n testimny entered and cnsideratin rf the whle recrd, including the prpsed Findings f Fact identified in.thestaff Reprt, the Bard f Cunty Cmmissiners APPROVED Planning File CLUP/ZC Scanned t CRW

5 NOW, THEREFORE, THE BOARD OF COMMISSONERS OF KLAMATH COUNTY ORDERS AS FOLLOWS: The Klamath Cunty Cmprehensive Land Use Plan Map is amended t include: TOWNSHIP 23 Suth, RANGE 09 East, SECTION 13, TAX LOT acres as defined by the legal descriptin submitted by the applicant (Applicant Exhibit 12), as an Rural (R) designatin; and, The Klamath Cunty Zning Map is amended t include: TOWNSHIP 23 Suth, RANGE 09 East, SECTION 13, TAX LOT acres as defined by the legal descriptin submitted by the applicant (Applicant Exhibit 12), as a Rural Residential (R-5) designatin. Dated this day f February, 2009 HE BOARD OF COMMISSIONERS Cmmissiner '.-Cecfirfy CgunseT" Apprved as t frm NOTICE OF APPEAL RIGHTS This decisin may be appealed t the Oregn Land Use Bard f Appeals (LUBA) within 21 days fllwing the date f the mailing f this rder. Cntact LUBA fr infrmatin as hw t file this appeal (LUBA by phne r mail at 550 Capitl Street NE, Suite 235, Salem, Oregn ) Failure t d s in a timely manner may affect yur rights.

6 vcanv / S Legal Descriptin fr Zne Change and Cmprehensive Plan Change December 10, 2008 A parcel f land situated in th6 NE1/4 f Sectin 13, Twnship 23 Suth, Range 9 East f the Willamette Meridian, Klamath Cunty, Oregn, being mre particularly described as fllws: Beginning at the Suthwest cmer f Parcel 2 f Land Partitin 27-04, as recrded at the Klamath Cunty Clerks' Office' thence alng the Suth line f said Parcel 2, Nrth 89 51'16" East, feet; t the Sutheast cmer f the said Parcel 2; thence Suth 00 12'09" West, feet; thence Suth 89 51'16" West feet t the Easterly Right-f-Way line f Paul Drive; thence, alng said Right-f-Way line, Nrth 00 11'24" East, feet t the Pint f beginning, Cntaining 10 acres, mre r less.

7 Sg-a?; 3 cfi -J 3 T St 3'S a- OJCD i^a-g 2! sg? 3-< W 05 O tf 0 t;j i/> 3 r-. > -C> O CJ1 CD &S * 'O CO c» N) w CO K