Oregn Thedre R Kibng^):^Gvernr Department f Land Cnservatin and Develpment 635 Capitl Street, Suite 150 Salem, OR 97301-2540 (503) 373-0050 Fax (503) 378-5518 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 018-08 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 197.830(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 503-373-1265, 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
THIS FORM MUST BE MAILED TO DLCD WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION PER ORS 197.610, OAR CHAPTER 660 - DIVISION 18 Jurisdictin: Klamath Cunty Lcal file number: CLUP/ZC 15-08 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Was an Exceptin Adpted? IE1 YES NO Did DLCD receive a Ntice f Prpsed Amendment... 45-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.
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) 883-5121 Address: 305 Main Street Fax Number: 541-885-3644 City: Klamath Falls Zip: 97601- Extensin: 3020 E-mail 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 197.610, OAR Chapter 660 - Divisin 18. 1. 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 97301-2540 2. 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 email 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 503-373-0050 extensin 238, r by emailing 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 http://www.lcd.state.r.us/. Please print n 8-1/2x11 green paper nly. Yu may als call the DLCD Office at (503) 373-0050; r Fax yur request t: (503) 378-5518; r Email yur request t mara.ulla@state.r.us - ATTENTION: PLAN AMENDMENT SPECIALIST
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 15-08 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 15-08 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 15-08. Scanned t CRW
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 01600 10 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 01600 10 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 1-503-373-1265 r mail at 550 Capitl Street NE, Suite 235, Salem, Oregn 97301-2552) Failure t d s in a timely manner may affect yur rights.
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, 627.41 feet; t the Sutheast cmer f the said Parcel 2; thence Suth 00 12'09" West, 661.40 feet; thence Suth 89 51'16" West 627.27 feet t the Easterly Right-f-Way line f Paul Drive; thence, alng said Right-f-Way line, Nrth 00 11'24" East, 661.40 feet t the Pint f beginning, Cntaining 10 acres, mre r less.
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