Department of Land Conservation and Development 
635 Capitol Street, Suite 150 
Salem, OR 97301-2540 
Theodore R. Kulongoski, Governor (503) 373-0050 
Fax (503) 378-5518 
www.lcd.state.or.us 
NOTICE OF ADOPTED AMENDMENT 
October 15, 2008 
Oregon 
TO: Subscribers to Notice of Adopted Plan 
or Land Use Regulation Amendments 
FROM. Mara Ulloa, Plan Amendment Program Specialist 
SUBJECT: City of Milwaukie Plan Amendment 
DLCD File Number 005-08 
The Department of Land Conservation and Development (DLCD) received the attached notice of 
adoption. 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: October 29, 2008 
This amendment was submitted to DLCD for review 45 days prior to adoption. Pursuant to 
ORS 197.830 (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 503-373-1265, if you have questions about appeal procedures. 
*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 THAN IT WAS MAILED 
TO DLCD. AS A RESULT YOUR APPEAL DEADLINE MAY BE EARLIER 
THAN THE ABOVE DATE SPECIFIED. 
Cc: Gloria Gardiner, DLCD Urban Planning Specialist 
Amanda Punton, DLCD Natural Resource Specialist 
Jennifer Donnelly, DLCD Regional Representative 
Susan Shanks, City of Milwaukie 
<paa> ya 
I I In person [J] electronic Vf mailed 
I 2 DLCD 
Notice of Adoption 
THIS FORM MUST BE MAILED TO DLCD 
WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION 
PER ORS 197.610. OAR CHAPTER 660 - DIVISION 18 
Jurisdiction: City of Milwaukie Local file number: ZC-08-02, CPA-08-02 
Date of Adoption: 10/7/2008 Date Mailed: 10/8/2008 
Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? Yes Date: 7/24/2008 
G Comprehensive Plan Text Amendment Comprehensive Plan Map Amendment 
• Land Use Regulation Amendment G Zoning Map Amendment 
• New Land Use Regulation • Other: 
Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". 
The adopted amendments modify the City's Zoning Map and Comprehensive Plan Map #4 (Historic 
Resources), as well as the City's Historic Resources Property List (Appendix 1 to the Comprehensive 
Plan). The modifications remove the "contributing historic resource" designation from the existing 
school building at 8950 SE 36th Avenue (Ardenwald Elementary School) because it has been approved 
for demolition and will be replaced with a new, larger building. The adopted amendments reflect this 
change in historic resource status. 
Does the Adoption differ from proposal? No, no explanation is necessary. 
RECHVlDELECntONlCALLY 
¡October 0,2005 
DEPAJTMENTOFIAND 
omsmkimsm 
Plan Map Changed from Contributing Historic Resource 36 to: No designation 
Zone Map Changed from: Contributing Historic Resource to: No designation 
Location: 8950 SE 36th Avenue, Milwaukie, OR 97222 Acres Involved 8 
Specify Density: Previous: N/A New: N/A 
Applicable statewide planning goals: 
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 
Was an Exception Adopted? • YES G NO 
Did DLCD receive a Notice of Proposed Amendment... 
45-days prior to first evidentiary hearing? G Yes • No 
If no, do the statewide planning goals apply? G Yes G No 
If no, did Emergency Circumstances require immediate adoption? G Yes G No 
DLCD 005-08 (17033) 
DLCD file No. 
Please list all affected State or Federal Agencies, Local Governments or Special Districts: 
North Clackamas School District #12, Metro 
Local Contact: Susan P. Shanks, Senior Planner 
Address: 6101 SE Johnson Creek Blvd. 
City: Milwaukie Zip: 97206-
Phone: (503) 786-7653 Extension. 
Fax Number 503-774-8236 
E-mail Address: shankss@ci.milwaukie.or.us 
ADOPTION SUBMITTAL REQUIREMENTS 
This form must be mailed to DLCD within 5 working days after the final decision 
per ORS 197.610. OAR Chapter 660 - Division 18. 
1 Send this Form and TWO Complete Copies (documents and maps) of the Adopted Amendment to: 
ATTENTION: PLAN AMENDMENT SPECIALIST 
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 
635 CAPITOL STREET NE, SUITE 150 
SALEM, OREGON 97301-2540 
2. Electronic Submittals: At least one hard copy must be sent by mail or in person, but you may also submit 
an electronic copy, by either email or FTP You may connect to this address to FTP proposals and 
adoptions: webserver.lcd.state.or.us. To obtain our Username and password for FTP, call Mara Ulloa at 
503-373-0050 extension 238, or by emailing mara.ulloa@state.or.us. 
3. Please Note: Adopted materials must be sent to DLCD not later than FIVE (5) working days 
following the date of the final decision on the amendment. 
4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings 
and supplementary information. 
5. The deadline to appeal will not be extended if you submit this notice of adoption within five working 
days of the final decision. Appeals to LUBA may be filed within TWENTY-ONE (21) days of the date, 
the Notice of Adoption is sent to DLCD. 
6. In addition to sending the Notice of Adoption to DLCD, you must notify persons who 
participated in the local hearing and requested notice of the final decision. 
7. Need More Copies? You can now access these forms online at http://www.lcd.state.or.us/. Please 
print on 8-1/2x11 green paper only. You may also call the DLCD Office at (503) 373-0050; or Fax 
your request to: (503) 378-5518; or Email your request to mara.ulloa@state.or.us - ATTENTION 
PLAN AMENDMENT SPECIALIST. 
http://www.lcd.state.or.us/LCD/fomis.shtml Updated November 27. 2006 
ORDINANCE NO. jgafi 
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILWAUKIE, 
OREGON, AMENDING THE CITY ZONING MAP, COMPREHENSIVE PLAN MAP #4 
(HISTORIC RESOURCES), AND THE HISTORIC RESOURCES PROPERTY LIST 
(APPENDIX 1 OF THE COMPREHENSIVE PLAN) TO REMOVE THE 
"CONTRIBUTING" HISTORIC RESOURCE DESIGNATION FROM THE 
ARDENWALD ELEMENTARY SCHOOL, WHICH IS LOCATED AT 8950 SE 36™ 
AVENUE (FILE #'S ZC-08-02 and CPA-08-02). 
WHEREAS, Ardenwald Elementary School is designated as a "contributing" historic 
resource on the City's list of historic properties; and 
WHEREAS, at a public hearing on September 9, 2008, the Milwaukie Planning 
Commission approved a land use application (land use file HR-07-02) to allow the demolition of 
Ardenwald Elementary School; and 
WHEREAS, the proposed amendments to the City's zoning map and comprehensive 
plan would remove the designation of Ardenwald Elementary School as a historic resource from 
the zoning map, comprehensive plan map #4 (Historic Resources), and Appendix 1 of the 
comprehensive plan (Historic Resources Property List) to reflect the removal of the historic 
resource at this location; and 
WHEREAS, legal and public noticcs have been provided as required by law; and 
WHEREAS, on September 9, 2008, the Milwaukie Planning Commission conducted a 
public hearing, as required by Zoning Ordinance Subsection 19.1011.5, evaluated the proposal 
against the applicable approval criteria, and adopted a motion in support of the amendment; and 
WHEREAS, the Milwaukie City Council finds that the proposed amendments are in the 
public interest of the City of Milwaukie; 
NOW, THEREFORE, THE CITY OF MILWAUKIE DOES ORDAIN AS 
FOLLOWS: 
Section 1. Findings. Findings of fact in support of the proposed amendments are 
attached as Exhibit A. 
Sectiun 2. Zoning map and Comprehensive Plan. The zoning map is amended as shown 
in Exhibit B (revised zoning map). The comprehensive plan is amended as shown in Exhibit C 
(revised historic resources map) and Exhibit D (revised historic resources property list). 
Read the first time on moved to second reading by 5 vote of the City 
Council. 
Read the second time and adopted by the City Council on 10 /0 .7 /07 
1986 
Ordinance No. - Page 1 
Signed by the Mayor on 1 0 / 0 . 7 / 0 8 
ATTEST: 
A i t i X u J i J t 
Pat DuVal, City Recorder 
APPROVED AS TO FORM: 
Jordan Schräder Ramis, LLP 
City Attorney 
Ordinance No. 19 8 6 - Page 2 
Attachment 1 - Findings 
Page 1 of 5 
EXHIBIT A 
Recommended Findings in Support of Approval 
Casefile #s ZC-08-02 and CPA-08-02 
(Map changes related to Ardenwald Elementary School demolition) 
1. The City of Milwaukie, acting as applicant, has applied for approval to amend the zoning 
map, comprehensive plan map (hereafter referred to as "comp plan map"), and historic 
resources properties list to remove the "contributing" designation for 8950 SE 36th Avenue, 
Ardenwald Elementary School. The City proposes the following specific actions: 
• Remove the "contributing" historic resource designation from 8950 SE 36th Avenue 
(Ardenwald Elementary School) on the Milwaukie Zoning Map. 
• Remove the "contributing" historic resource designation from 8950 SE 36th Avenue 
(Ardenwald Elementary School) on Milwaukie Comprehensive Plan Map 4 (Historic 
Resources). 
• Remove 8950 SE 36th Avenue (Ardenwald Elementary School) from the City's list of 
historic properties, found in Appendix 1 of the Milwaukie Comprehensive Plan 
2. North Clackamas School District #12 (hereafter referred to as "the District") received 
approval by the Planning Commission to replace the existing Ardenwald Elementary School 
with a new, larger building to accommodate an increased student population (land use file 
CSU-07-04). The District also received approval from the Planning Commission to demolish 
the existing school, a designated historic resource (land use file HR-07-02). The new school 
building will be constructed behind the existing school, which will be demolished to make 
room for parking and loading areas as well as ball fields and outdoor play areas. 
3. The proposal is subject to the following provisions of the Zoning Ordinance, Title 19 of the 
Milwaukie Municipal Code (MMC), as follows: 
• MMC Chapter 19.900 Amendments 
• MMC Subsection 19.1011.4 Major Quasi-Judicial Review 
The proposal is also subject to Milwaukie Comprehensive Plan Chapter 2, Plan Review and 
Amendment Process. 
Sections of the Milwaukie Municipal Code and Comprehensive Plan not addressed in these 
findings are found to be not applicable to the decision on this application. 
4. Public notice has been provided in accordance with MMC Subsection 19.1011.4, Major 
Quasi-Judicial Review, which includes notification to the State Department of Land 
Conservation and Development. Public notice was sent to property owners within 400 feet of 
the subject property at least 10 days in advance of the required public hearing, which 
satisfies the major quasi-judicial notification requirements. The Planning Commission held a 
public hearing on September 9, 2008, as required by law. The City Council held a public 
hearing on October 7, 2008, as required by law. 
8950 SE 36th Ave.. ZC-08-02 October 7, 2008 
Attachment 1 - Findings 
Page 2 of 5 
5. The City Council finds that the proposed amendments are consistent with the following 
applicable State, Metro, and City policies, agreements, provisions, and regulations: 
Milwaukie Municipal Code 
Chapter 19.900 Amendments 
MMC Section 19.903 states that proposals for zoning map amendments must provide 
evidence that all requirements of this title relative to the proposed use or uses are satisfied, 
in addition to addressing the following: 
A. Applicable requirements of Section 19.1003; 
MMC Section 19.1003 requires that applications be made on forms prescribed by the 
city. In this case, staff has determined that this narrative response and the 
accompanying exhibits are sufficient materials for this application. 
B. Reasons for requesting the zoning map amendment; 
The amendments to the zoning and comp plan maps are being proposed because of the 
imminent demolition of the existing Ardenwald Elementary School, which is a designated 
"contributing" historic resource. Once the existing building is demolished to make room 
for a larger school building, the designated "contributing" historic resource will no longer 
exist and should therefore no longer appear on the City's zoning or comp plan maps. 
The requested amendments are intended to keep the City's maps current. 
C. Description of existing site conditions, including but not limited to topography, public 
facilities and service, natural hazards, natural areas or open space, historic sites, 
transportation, current uses of the subject site and current zoning of the subject site; 
The subject property includes several existing buildings that comprise the Ardenwald 
Elementary School, as well as parking areas, playing fields, and at least 100 trees of 
various varieties, ages, and sizes. Efforts are underway to build a new school facility. 
Once the new building is completed, the existing school will be demolished and the final 
site improvements (including new parking areas and playing fields) will be completed. 
The underlying zoning of the site is residential R-7 and the school operates at the site as 
a community service use. The western two-thirds of the site have a comp plan land use 
designation of Public (P) and the eastern one-third has a comp plan land use 
designation of Low Density (LD). 
D. Description of the intended use or uses; 
The site will continue to be used for an elementary school, with playing fields and 
parking and loading areas. 
E. Identification on a detailed site plan of public facilities both existing and proposed; 
existing and proposed structures and site development details, including display of 
setback and other zoning standards compliance information; and an indication of 
mitigation or other measures proposed for purposes of health, safety or welfare within 
the community. 
Existing and proposed site plans were included in the original application. 
F. The approval criteria of Section 19.905, which include the following: 
i. The proposed amendment must conform to applicable comprehensive plan goals, 
policies and objectives and be consistent with the provisions of city ordinances, 
Metro urban growth management functional plan and applicable regional policies. 
8950 SE 36th Ave.. ZC-08-02 October 7, 2008 
Attachment 1 - Findings 
Page 3 of 5 
The historic resources element of the comprehensive plan is intended to preserve 
and protect significant historical and cultural sites and structures in the city. Once the 
old school is demolished, no historic structure will remain on the site. The proposed 
amendments will implement the Planning Commission's decision to allow the 
demolition of the historic structure by removing the "contributing'' historic resource 
designation from the applicable maps. 
/'/'. The anticipated development must meet the intent of the proposed zone, taking into 
consideration the following factors: site location and character of the area, the 
predominant land use pattern and density of the area, the potential for mitigation 
measures adequately addressing development effects, any expected changes in the 
development pattern for the area, the need for uses allowed by the proposed zone 
amendment, and the lack of suitable alternative sites already appropriately zoned for 
the intended use or uses. The planning commission and city council shall use its 
discretion to weigh these factors in determining the intent of the proposed zone. 
The proposed amendments will not change the underlying zoning of the subject 
property and do not contradict the recent approval (land use file CSU-07-04) for a 
new elementary school as a community service use on the site. 
Hi. The proposed amendment will meet or can be determined to reasonably meet 
applicable regional, state or federal regulations. 
The proposed amendments are intended to maintain the accuracy of the City's 
zoning and comp plan maps with respect to ongoing development in Milwaukie. 
Notice of the proposed amendments was provided to both Metro and the State 
Department of Land Conservation and Development. 
\v. The proposed amendment demonstrates that existing or planned public facilities and 
services can accommodate anticipated development of the subject site without 
significantly restricting potential development within the affected service area. 
The school replacement project has already been reviewed as part of the approval 
process for CSU-07-04, which included conditions of approval to ensure that public 
facilities will be adequate to serve the new school. 
v. The proposed amendment is consistent with the functional classification, capacity, 
and level of service of the transportation system. A transportation impact analysis 
may be required subject to the provisions of Chapter 19.1400. 
As noted above, the school replacement project was reviewed as part of the 
approval process for CSU-07-04, which included conditions of approval to ensure 
that the transportation system will be adequate to serve the new school. 
Milwaukie Comprehensive Plan 
Chapter 2 Plan Review and Amendment Process 
Chapter 2 states that all amendments to the Comprehensive Plan, including map 
amendments associated with annexations, shall be evaluated based on the following 
criteria: 
A. Conformance with the Comprehensive Plan, its goals, policies, and spirit. 
The historic resources element of the comprehensive plan is intended to preserve and 
protect significant historical and cultural sites and structures in the city. Once the old 
school is demolished, no historic structure will remain on the site. The proposed 
amendments will implement the Planning Commission's decision, which allowed for the 
8950 SE 36th Ave.. ZC-08-02 October 7, 2008 
Attachment 1 - Findings 
Page 4 of 5 
demolition of the historic structure, by removing the "contributing" historic resource 
designation from the applicable maps. 
B. Public need for the change. 
In May 2007, voters approved a school bond measure to fund facility expansion and 
improvement projects at public schools throughout the North Clackamas School District. 
Ardenwald Elementary School is one of the schools slated for expansion and will be 
redesigned to serve twice as many students, which involves demolishing the existing 
historic structure and replacing it with a larger building. It is necessary to remove the 
historic designation from the subject property on the comp plan map to reflect the 
demolition of the historic resource. 
C. Public need is best satisfied by this particular change. 
Once the existing school building is demolished, the designated "contributing" historic 
resource will no longer exist and therefore should not appear on the City's zoning and 
comp plan maps. Given the actual change in the historic resources inventory, the public 
need is best served by the proposed amendments since they will keep the City's maps 
current. 
D. The change will not adversely affect the health, safety, and welfare of the community. 
Removing the historic resource designation from the subject property will have no 
adverse impacts on public health, safety, or welfare. 
E. The change is in conformance with applicable Statewide Planning Goals. 
Statewide Planning Goal 2 deals with land use planning and emphasizes maintaining a 
comprehensive plan and zoning ordinance that are up to date and consistent with one 
another. Given that the proposed school development involves the approved demolition 
of a designated historic structure, the proposed amendments allow the City to ensure 
that both the zoning map and relevant comprehensive plan map accurately reflect the 
current status of historic properties in Milwaukie. 
F. The change is consistent with Metro Growth Management Functional Plan and 
applicable regional policies. 
The proposed amendments are consistent with the Metro Growth Management 
Functional Plan and applicable regional policies. An analysis demonstrating the 
consistency of the proposed amendments with the Metro Growth Management 
Functional Plan was provided to Metro at least 14 days before the final hearing for this 
application. 
6. The application was referred to the following departments and agencies on August 1, 2008: 
Milwaukie Building Division, Milwaukie Engineering Department, Clackamas County Fire 
District #1, Ardenwald-Julirisun Creek Neighborhood District Association Chairperson and 
Land Use Committee, and Design and Landmarks Committee. The comments received are 
summarized as follows: 
• Tom Larsen, Building Official, City of Milwaukie: No comments. 
• Zach Weigel, Civil Engineer, City of Milwaukie: No comments. 
• Three members of the public made inquiries by phone about the proposed 
amendments, in response to the public notice that was mailed in advance of the 
hearing. All three callers asked for more information about how the zone change and 
comp plan map amendment applications would affect their properties. Staff answered 
8950 SE 36th Ave.. ZC-08-02 October 7, 2008 
Attachment 1 - Findings 
Page 5 of 5 
all their questions, noting that the proposed zone change and comp map amendment 
are specific to the school site and will not directly affect any of the surrounding 
properties. Staff answered calls from the following people: 
A. Katherine Cleveland, owner of 3443 SE Floss St. 
B. Jonathan Redman, grandson of the owner of 3023 SE Balfour St. 
C. Patricia Kenney, owner of 3724 SE Wake St. 
8950 SE 36th Ave.. ZC-08-02 October 7, 2008 
Proposed Zoning 
8950 SE 36th Ave. 
(Ardenwald Elementary School) 
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Milwaukee Comprehensive Plan 
Appendix 1 
Historic Resources Property List (proposed) 
SITE NO./ADDRESS/(YEAR BUILT)*** TYPE SCORE 
"Significant" properties: 
1 9712 SE Cambridge Lane (1941)* 
2 9717 SE Cambridge Lane (1938) 
3 9911 SE Cambridge Lane (1923)* 
4 10200 SE Cambridge Lane (1915)* 
5 2300 SE Harrison (1937)* 
6 3235 SE Harrison (1888)* 
7 10636 SE Mam (1925)* 
8 10722 SE Main (1938)* 
9 11008 SE Main (1905)* 
10 4217 SE Railroad (1885)* 
11 3125 SE VanWater (1886)* 
12 1620 SE Waverly Dr. (1922)* 
14 11300 SE 23rd (1925)* 
15 10399 SE 34th (1912)* 
24 12006 SE McLoughlin** 
34 11188 SE 27th** 
45 8835 SE 42nd (1923) 
46 9002 SE McLoughlin (1938) 
"Contributing" properties: 
13 2316 SE Wren St. (1922)* 
16 2115 SE Adams** 
17 9900 SE Cambridge Lane* * 
18 4141 SE King Rd.** 
19 2515 SE Lake Rd.** 
20 3182 SE Lake Rd.** 
21 10914 SE Main** 
22 10999 SE Main** 
23 11073 SE Main** 
25 2526 SE Monroe** 
26 12374 SE Oatfield** 
27 12021 SE River Rd.** 
28 1612 SE Waverly Dr.** 
29 12671 SE Where Else Lane* * 
House 56 
House 52 
House 50 
House 45 
Milwaukie Jr. High School 60 
House 42 
Milwaukie Masonic Lodge 58 
Milwaukie City Hall 59 
Commercial Building 43 
House 38 
Ardenwald Cong. Church 62 
House 54 
Milwaukie High School 53 
House 46 
House 32 
House 52 
House 67 
Commercial Building 71 
House 32 
House 19 
House 27 
House 36 
House 33 
House 44 
Commercial Building 45 
Commercial Building 38 
Commercial Building 39 
House 33 
House 35 
House 33 
House 49 
House 36 
SITE NO-/ADDRESS/ÎYEAR BUILT)*** TYPE SCORE 
30 11912 SE 19th** House 38 
31 10392 SE 23rd** House 37 
32 10565 SE 23rd House 50 
33 Deleted 
35 11630 SE 27th** House 34 
36 Deleted by Ord. Ardenwald School 
37 9405 SE 42nd** House 36 
38 9908 SE Cambridge Lane House 36 
"Unrankable" properties: 
39 2607 SE Monroe House 7 
40 2715 SE Monroe House/First City Water Works ? 
41 Pioneer Cemetery Cemetery ? 
42 Deleted by Ord. 1981 
43 3438 SE Wake St. House ? 
44 Deleted by Final Order of Council, April 3, 2007 7 
* Has a rating score with at least two 10's from the Evaluation Worksheet. 
Has a rating score with at least one 10 f rom the Evaluation Worksheet. 
*** Year built listed for significant structures only.