Department of Land Conservation and Development 635 Capitol Street, Suite 150 Salem, OR 9730 1-2540 (503) 373-0050 Fax (503) 378-5518 w w w . lc d. s tat e. or. us NOTICE OF ADOPTED AMENDMENT 10/31/2011 TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments FROM: Plan Amendment Program Specialist SUBJECT: City of Roseburg Plan Amendment DLCD File Number 001-11 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: Wednesday, October 26, 2011 This amendment was submitted to DLCD for review 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 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: Teresa Clemons, City of Roseburg Angela Lazarean, DLCD Urban Planning Specialist Ed Moore, DLCD Regional Representative Thomas Hogue, DLCD Regional Representative YA 12 DLCD Notice of Adoption ? r 2 7 2»« n In person • electronic Q mailed A T E DEPTOF Tliis Form 2 must he mailed to DLCD within 5-Working Pays after the Final M > DEVELOPMFNt' Ordinance is signed by the public Official Designated by the jurisdiction p all ' er requirements of ORS 197.615 and OAR 660-018-000 For Office Use Only Jurisdiction: City of Roseburg Local file number: LUDO-11-1 Date of Adoption: 10-24-2011 Date Mailed: 10-26-11 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? Yes G No Date: 7-22-1 G Comprehensive Plan Text Amendment G Comprehensive Plan Map Amendment ^ Land Use Regulation Amendment G Zoning Map Amendment G New Land Use Regulation G Other: This provision will allow public input through the CUP process of considering compatible uses in the AP zone. Legislatively amend text of Airport District (AP) zone Section 3.19.100 Uses Permitted Conditionally by replacing : 1. Offices (Uses that do not conflict with the Airport Master Plan), (delete) 1. Uses not specifically listed under Section 3.19.050 that do not conflict with Airport Master Plan, (replace) Summarize the adopted amendment. Do not use technical terms Do not write "See Attached". Does the Adoption differ from proposal? No Plan Map Changed from N/A to: Zone Map Changed from N/A to: Location: Mosher, Pine, Rice and Mill Acres Involved: Specify Density: Previous: N/A New. Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 E E D D E I D • • • • • E E I • • • • • • Was an Exception Adopted? G YES ^ NO Did DLCD receive a Notice of Proposed Amendment. 45-days prior to first evidentiary hearing? m Yes G No If no, do the statewide planning goals apply? G Yes G lo If no, did Emergency Circumstances require immediate adoption? G Yes G No DLCD file No. 001-11 Q8909Ì T168151 Please l'st all affected State or Federal Agencies, Local Governments or Special Districts: Oregon Department of Transportation, FAA Local Contact: Teresa L. demons , CFM Coram Pin Phone: (541)492-6877 Extension: Address: 900 SE Douglas Ave Fax Number: NA City: Roseburg Zip: 97470 E-mail Address: telemons@cityofroseburg.org ADOPTION SUBMITTAL REQUIREMENTS This Form 2 must be received by DLCD no later than 5 days after the ordinance has been signed by the public official designated bv the jurisdiction to sign the approved ordinancets) per ORS 197.615 and OAR Chapter 660, Division 18 1 This Form 2 must be submitted by local jurisdictions only (not by applicant). 2. When submitting, please print th > Form 2 on light green paper if available. 3. Send this Form 2 and One (1) Complete Paper Com and One (1) Electronic Digital CD (documents and maps) of the Adopted Amendment to the address in number 6: 4. Electronic Submittals: Form 2 - Notice of Adoption will not be accepted via email or any electronic or digital format at this time. 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), exhibit(s), and any map(s). 6. DLCD Notice of Adoption must be submitted in One (1) Complete Paper Copy and One (1) Electronic Digital CD via United States Postal Service, Common Carrier or Hand Carried to the DLCD Salem Office and stamped with the incoming date stamp, (for submittal instructions, also see # 5)] MAIL the PAPER COPY and CD 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 7. Submittal of tiiis Notice of Adoption must include the signed ordinance(s), finding(s), exhibit(s) and any other supplementary infoimation (see ORS 197.615 ). 8. Deadline to appeals to LUBA is calculated twenty-one (21) days from the receipt (postmark date) of adoption (see ORS 197.830 to 197.845 ). 9. In addition to sending the Form 2 - Notice of Adoption to DLCD, please notify persons who participated in the local hearing and requested notice of the final decision at the same ti ne the adoption packet is mailed to DLCD (see ORS 197-615 ). 10. Need More Copies? You can now access these forms online at http://www.icd.state.or.us/. You may also call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518. ROSEBURG CITY COUNCIL AGENDA - OCTOBER 24, 2011 City Council Chambers, City Hall, 900 S. E. Douglas Avenue, Roseburg, OR 97470 6:30 p.m. - Special Meeting Quarterly Financial Report - Periods Ended June 30 and September 30, 2011 7:00 p.m. 1. Call to Order - Mayor Larry Rich 2. Pledge of Allegiance 3. Roll Call Ken Averett Rick Coen Steve Kaser Melissa Smith Mike Baker Bob Cotterell Tom Ryan Steve Tuchscherer 4. Mayor Report A. Parks & Recreation Commission Appointment B. Visitors & Convention Commission Appointment 5. Commission Reports/Council Ward Reports 6. Special Presentation A. Douglas County Library System - Jim Pratt 7. Audience Participation - See Information on the Reverse 8. Consent Agenda A. Minutes of September 26, 2011 Regular Meeting B. Minutes of October 10, 2011 Regular Meeting C. Cancellation of December 26, 2011 City Council Meeting D. OLCC Change of Ownership, Western Beverage, 2249 NE Fleser 9. Ordinances A. 2nd Reading, Ordinance No. 3385 Airport District Zone B. Ordinance No. , Recreational Immunity 10. Resolutions A. Resolution No. 2011- - ConnectOregon IV Application - Runway Extension B. Resolution No. 2011- - ConnectOregon IV Application - Aviation Suites 11. Department Items A. Downtown Roseburg Association Sen/ices Agreement B. Transportation System Development Charges 12. City Manager Reports A. Facility Fund Use B. Activity Report 13. Items From Mayor, Councilors or City Manager 14. City Council Executive Session ORS 192.660(2)(i) 15. Adjournment * * * AMERICANS WITH DISABILITIES ACT NOTICE * * * Please contact the City Recorder's Office, Roseburg City Hall, 900 SE Douglas, Roseburg, OR 97470- 3397 (Phone 492-6866) at least 48 hours prior to the scheduled meeting time if you need an accommodation. TDD users please call Oregon Telecommunications Relay Service at 1-800-735-2900. CONSENT AGENDA B 10-24-11 MINUTES OF THE REGULAR MEETING OF THE ROSEBURG CITY COUNCIL October 10, 2011 Mayor Larry Rich called the regular meeting of the Roseburg City Council to order at 7:00 p.m. on Monday, October 10, 2011 in the City Hall Council Chambers, 900 SE Douglas, Roseburg, Oregon. Councilor Coen led the Pledge of Allegiance. ROLL CALL Present: Councilors Ken Averett, Mike Baker, Rick Coen, Melissa Smith and Steve Kaser. Absent: Councilors Tom Ryan, Bob Cotterell and Steve Tuchscherer (all excused). Others present: City Manager Eric Swanson, City Attorney Bruce Coalwell, City Recorder Sheila Cox, Public Works Director Nikki Messenger, Finance Director Cheryl Guyett, Community Development Director Brian Davis, Human Resources Director John VanWinkle, Community Planner Paul Hintz, Airport Director Mike Danielle, Police Captain Jerry Matthews, Management Technician Debi Davidson, Dan Bain of KPIC- TV, Inka Bajandas of the News Review and Kyle Bailey of KQEN Radio ARANDA DE DUERO. SPAIN SISTER CITY PRESENTATION Dr. Earl Jones and the 9-member contingent (Marie Dixon, Tom Singer, Dorothy Williams, Una Honscheid, H.D. Honscheid, Steve Renquist, Honora Ni Aodagain, Dwayne Bershaw, Janet Eastman) that visited Sister City Aranda De Duera shared a presentation regarding their recent exchange to Spain. Gifts from Aranda, a ceramic sculpture and framed City map of 1503, were presented to the Council. MAYOR REPORTS Councilors were reminded to complete the City Manager evaluation forms and submit them to Coen by November 18th. Swanson reported that Staff will meet with representatives of the Douglas County Library Board that are proposing a library district. Information regarding tax compression will be forthcoming with their presentation to the Council on October 24th. COMMISSION/COUNCIL WARD REPORTS Kaser reported the Public Works Commission met during the previous week and discussed matters that will be presented to the Council in the near future. Coen announced that the Economic Development Commission will meet on October 11th at 3:30 p.m. in the City Hall Conference Room. Page 1 of 4 10-10-11 VISITORS AND CONVENTION BUREAU RESIGNATION Averett moved to accept Melissa Smith's resignation from the Visitors and Convention Commission. Motion was seconded by Coen and carried with Smith abstaining. PUBLIC COMMENT GUIDELINES Davidson reported that it had come to light that although the City Council adopted time limitations for audience participation comments, similar parameters were not adopted for public comment on agenda items. Staff recommended adoption of time limitations in order to ensure orderly and efficient meetings and public comment. Such limitations would not apply to public hearings. Baker moved to establish a 6-minute limit for citizen participation for agenda items (with the exception of land use hearings) with the stipulation that the Mayor and/or a majority of Council may extend the limitation as appropriate. Motion was seconded by Averett and carried unanimously. AUDIENCE PARTICIPATION Bill Mull, 969 Broadway Street Roseburg, read into the record portions of the Land Use Board of Appeals decision in regard to the Charter Oaks annexation and population estimates. CONSENT AGENDA Baker requested that the last sentence under the Facilities Fund discussion be stricken ("No Council action was taken to amend that practice.") and replaced with a statement that the Council concurred that Staff would remove language from the budget document regarding use of the fund for enterprise funds. Swanson stated Staff will present a Facilities Fund clarification at the next meeting in addition to a proposal to review all financial policies. Inasmuch as Councilors had varying recollections of the discussion, "Approval of the Minutes" was held over to the next meeting to provide Staff an opportunity to review the meeting video. PUBLIC HEARING. AIRPORT DISTRICT ZONE AMENDMENT. ORDINANCE 3385 At 7:43 p.m. Rich opened the public hearing regarding Airport District zoning. Davis reported that the airport property was recently rezoned. Since that time, it was discovered that the language in the zone is limiting when compared to the Airport Layout Plan. Therefore, a text amendment was prepared to become consistent with that Plan. As no one else wished to speak, the hearing was closed at 7:46 p.m. Averett moved to adopt the findings of fact approved by the Planning Commission for File Nos. LUDO-11-1. Motion was seconded by Coen and carried unanimously. Cox read Ordinance No. 3385 for the first time entitled: An Ordinance of the City of Roseburg Amending the Roseburg Land Use and Development Ordinance No. 2981 by Adopting Updates and Clarification to Section 3.19.100 Uses Permitted Conditionally in Airport District (AP) Zone. RECREATIONAL IMMUNITY Cox reported that a draft ordinance regarding recreational immunity was prepared as a result of legislation which becomes effective until 1, 2012. Legislation provides immunity for liability exposures for unimproved right-of-ways that citizens may use for Page 2 of 4 10-10-11 CITY OF ROSEBURG PLANNING COMMISSION STAFF REPORT LUDO Text Amendment File No. LUDO-11-1 Meeting Date: September 19, 2011 Prepared for: Brian Davis, Director Community Development Completeness Date: N/A 120-Day Limit: N/A Staff Contact: Teresa L. Clemons, CFM Community Planner Applicant: City of Roseburg, Community Development Department Request: Land Use and Development Ordinance (LUDO) Text Amendment Article 19 Airport District ISSUE STATEMENT AND SUMMARY This is a legislative proposal to amend LUDO Section 3.19.100, Uses Permitted Conditionally in the Airport District (AP) Zone. The Planning Commission will hold a public hearing and forward a recommendation to the City Council for final action BACKGROUND A. Location The Airport District is limited to the properties that are part of the City's Airport generally located between NE Stewart Parkway and NE Edenbower Boulevard, east of NE Aviation Drive. B. Description/Project Proposal The proposal is to amend the text of the AP Zone to eliminate the specific reference to Offices allowed conditionally and replace the text as follows: 1. Offices (Uses-that do-not-oonfliot-with the Airport Master Plan). Uses not specifically listed under Section 3.19.050 which do not conflict with the Airport Layout Plan. C. History/Previous Action None STAFF ANALYSIS City Council October 10, 2011 LUDO Text Amendment Page 3 of 12 LUDO indicates that text amendments may be necessary to conform to the Comprehensive Plan or to meet other changes in circumstances and conditions. In this case only allowing Offices that do not conflict with the Airport Master Plan needlessly constrains uses that could be found suitable using the criteria for Conditional Use Permit (CUP) approval. The CUP process includes public notice to affected property owners, agencies, and departments. Their input will be considered in any decision. LUDO amendments must also conform to the Comprehensive Plan and applicable Statewide Planning Goals. COMPREHENSIVE PLAN POLICIES Pertinent policies that apply to the proposal have been evaluated as follows: ECONOMIC GROWTH Economic Growth Policy No. 1 The City of Roseburg shall encourage economic growth by demonstrating a positive interest in existing and new industries, especially those providing above-average wage and salary levels, an increased variety of job opportunities, a rise in the standard of living, and utilization ofthe resident labor force. Economic Growth Policy No. 2 The City shall encourage economic activities which strengthen the urban area's position as a regional distribution, trade, and service center. Economic Growth Policy No. 3 Through the planning process, the City and County shall continue to monitor the supply of developable commercial and industrial sites to ensure opportunity for the expansion of existing and the establishment of new economic enterprises throughout the urban area. Economic Growth Policy No. 4 The City shall encourage the development of convention and tourist related facilities in the urban area. ASSESSMENT The amendment will allow uses which do not conflict with the Airport Layout Plan to be evaluated through the CUP process and to approve those uses which support the City's Comprehensive Plan Economic Growth Policies. TRANSPORTATION Transportation Policy No. 5 City Council October 10, 2011 LUDO Text Amendment Page 4 of 12 The findings and recommendations contained in the Roseburg Municipal Airport Master Plan shall serve as the basis for guiding improvements to facilities and services at the airport. Transportation Policy No. 6 Airport-related commercial and industrial development allowed within the airport facility shall provide a demonstrated benefit to or dependence on the airport and shall have locational requirements which prevent development on other suitable land in the urban area. Transportation Policy No. 7 Land use activities surrounding the airport shall be controlled to ensure that development does not interfere with the air space needs of the airport or pose a hazard to public health and safety. ASSESSMENT The amendment refines LUDO standards to better implement the above Comprehensive Plan Transportation Policies by allowing uses other than offices which complement the airport facility. ENERGY CONSERVATION Energy Conservation Policy No. 8 The City shall incorporate into its land use and ordinance provisions which encourage new development to utilize density and location, in balance with the requirements of other planning policies, in order to reduce the need to travel, increase access to transit; and permit building configurations which increase the efficiency of space heating in residences. Energy Conservation Policy No. 9 As an energy conservation measure, the City will encourage the infilling of vacant land. ASSESSMENT The amendment focuses on eliminating conflicts between proposed uses and the Airport Layout Plan thus supporting the above Comprehensive Energy Conservation Plan Policies. PUBLIC FACILITES AND SERVICES Public Facilities and Services Policy No. 1 Facility and service planning in the Roseburg urban area shall use the Comprehensive Plan as the basis for decisions to ensure that needs of the urban area are met in a timely, orderly, and efficient manner. Public Facilities and Services Policy No. 2 The City shall stnve to improve the level of cooperation with all agencies of local, state, and federal government in order to ensure the timely, orderly, and efficient provision of City Council October 10, 2011 LUDO Text Amendment Page 5 of 12 all public facilities and services essential to the social, economic, and physical wellbeing of the urban area and its citizens. ASSESSMENT The amendment focuses on eliminating conflicts between proposed uses and the Airport Layout Plan thus supporting the above Comprehensive Plan Public Facilities Policies. COMMERCIAL DEVELOPMENT Commercial Development Policy No. 3 Commercial uses shall have convenient access to collector and arterial streets. Commercial Development Policy No. 4 The zoning ordinance, subdivision ordinance, and other regulations shall contain standards to minimize circulation conflicts between pedestrians, bicycles, automobiles, and other vehicles sen/icing all commercial developments. Commercial Development Policy No. 5 Zoning regulations governing the siting of commercial development shall take into consideration the relationship of adjacent development in terms of building height, mass, and activity. Commercial Development Policy No. 6 Subdivision and zoning regulations should require landscaping to visually soften paved areas, reduce heat and glare, and to provide separation between buildings and pedestrian and vehicular circulation. ASSESSMENT The amendment focuses on eliminating conflicts between proposed commercial uses and the Airport Layout Plan. LUDO standards in place to addresses commercial development also help reinforce the need for proposed uses to fit in with surrounding development, in this case, the airport. INDUSTRIAL DEVELOPMENT Industrial Development Policy No. 7 The zoning ordinance shall allow appropriate on-site employee services and facilities in industrial areas. Traffic generated by industrial uses should be diverted away from residential areas, and should have convenient access to arterial or collector streets. Wherever practical, outdoor storage areas shall be screened from adjacent residentially designated properties. Industrial Development Policy No. 8 Industrial uses shall be encouraged to locate in planned industrial parks in order to reduce site development costs, maximize operating economies, and achieve a more City Council October 10, 2011 LUDO Text Amendment Page 6 of 12 harmonious land use pattern; however, location within a planned industrial park shall not be a prerequisite of approval. Except in planned industrial parks, other land uses should be discouraged from districts that have been designated for industrial uses. ASSESSMENT The amendment will allow evaluation of industrial type development which may be considered to complement existing airport uses. PUBLIC AND SEMI-PUBLIC BUILDINGS AND LAND DEVELOPMENT Public and Semi-Public Buildings and Lands Development Policy No. 9 Major public and semi-public buildings shall be located on or near arterials and have well planned access and parking. Public and Semi-Public Buildings and Lands Development Policy No. 10 Community facilities should be well designed to fulfill their specified function, taking into consideration the needs of handicapped persons. ASSESSMENT The airport itself is a public facility; proposed public and semi-public uses which do not conflict with the Airport Layout Plan may be considered using Conditional Use Permit criteria for approval through the amendment to LUDO. Compliance with Statewide Planning Goals In addition to Comprehensive Plan Policies, following is an evaluation of the applicable Statewide Planning Goals. Oregon Department of Land Conservation and Development (DLCD) received required notice of this action and has no comments. Goal No. 1 - Citizen Involvement - To develop citizen involvement programs that ensure the opportunity for citizens to be involved in all phases of the planning process. The City of Roseburg and Douglas County have an adopted and acknowledged Comprehensive Plan for the Roseburg Urban Area. The Comprehensive Plan is implemented via the adopted Roseburg Land Use and Development Ordinance (LUDO). Within LUDO the City identifies procedural requirements for processing land use actions, including notification and hearing procedures. The notice procedures guide the general public through the land use process within the City as well as through provisions that meet Oregon Revised Statutes (ORS). Roseburg also has an established Planning Commission that has the responsibility to act as the conduit to the City Council on land use matters. The Planning Commission is selected through an open, well-publicized public process and the Commission may include one member who resides outside the city limits. In addition, as a part of the City Council October 10, 2011 LUDO Text Amendment Page 7 of 12 project a Citizen Advisory Committee was formed and a community forum was held allowing for citizen input and participation. The City of Roseburg provided notice of this application as mandated through ORS and LUDO requirements, as well as publishing the notice in the News-Review, a newspaper of general circulation. A public hearing(s) is held in order to provide an opportunity for interested citizens to be involved, provide comments and present issues, influence the Commission and eventually the Council, provide technical information, and/or provide information regarding conditional approval. Goal No. 2 - Land Use Planning - To establish a land use planning process and policy framework as a basis for ail decisions and actions related to use of land and to assure an adequate factual base for such actions. As noted above the City of Roseburg has adopted a Comprehensive Plan, which is "acknowledged" by the State of Oregon. This Plan was again acknowledged through Periodic Review in 1992 and is coordinated and adopted by Douglas County for the unincorporated area located within the City UGB. (Roseburg Urban Area Comprehensive Plan adopted by the City Council in Ordinance No. 2345, effective on July 1, 1982, and re-adopted in Ordinance No. 2980 on December 9, 1996.) Implementation of the Comprehensive Plan is accomplished through the adopted LUDO. LUDO has been acknowledged by the State of Oregon and has been amended from time-to-time in order to comply with ORS. (Roseburg Land Use and Development Ordinance No. 2363, as originally adopted July 1, 1984, and re-adopted in Ordinance No. 2981 on December 9, 1996.) Both the Comprehensive Plan and LUDO have been amended from time-to-time. Goal No. 9 - Economic Development • To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. The proposed LUDO amendment will increase economic opportunities while still protecting airport uses because it evaluates all variety of uses which could be undertaken in the Airport Zone. Goal No. 12 - Transportation - To provide and encourage a safe, convenient and economic transportation system. Uses beyond offices which use the airport for transport can now be evaluated and approved using the standards in the CUP process. Goal No. 13 - Energy Conservation - To conserve energy - Land and uses developed on the land shall be managed and controlled so as to maximize the conservation of all forms of energy, based upon sound economic principles. The amendment will save energy if uses complementary to the airport but not previously allowed conditionally can be sited in close proximity to the airport. Statewide Planning Goals not directly applicable include Agricultural Lands (No. 3); Forest Lands (No. 4); Open Spaces, Scenic and Historic Areas and Natural Resources (No. 5); Air, Water and Land Resource Quality (No, 6); Areas Subject to Natural Disasters and Hazards (No. 7); Recreational Needs (No. 8); Housing (No. 10); Public Facilities and Services (No. 11); and Urbanization (No. 14). City Council October 10, 2011 LUDO Text Amendment Page 8 of 12 ASSESSMENT The text amendment will allow a full range of compatible uses to be evaluated under CUP approval criteria and will provide public input and participation in any decision. OPTIONS 1. Adopt proposed or modified Findings of Fact recommending the City Council approve the amendment. 2. Adopt modified Findings of Fact recommending the City Council deny the amendment. 3. Continue consideration to obtain more information. CONCLUSION/SUGGESTED MOTION An assessment of the proposal has found that it complies with the applicable Comprehensive Plan policies and the Statewide Planning Goals. Based on the information provided, the following motion is recommended: I MOVE TO ADOPT THE FINDINGS OF FACT AS PRESENTED AND RECOMMEND THE CITY COUNCIL APPROVE FILE NO. LUDO-11-1 AND TO AMEND LUDO SECTION 3.19.100(1) AS PROPOSED. ATTACHMENTS 1 - City Zoning Map 2 - Findings of Fact - Pages 8-9 City Council October 10, 2011 LUDO Text Amendment Page 9 of 12 BEFORE THE PLANNING COMMISSION OP THE CITY OF ROSEBURG In the matter of a Legislative Land Use and Development Ordinance text Amendment relative to Article 19 Section 3.18.100 Usee Permitted Conditionally. FINDINGS OF FACT AND DECISION FILE NO. LUDO-11-1 Finding No.1 This matter came before the Planning Commission for public hearing on September 19, 2011, In the Council Chambers of Roseburg City Hell, 900 SE Douglas Avenue, Roseburg, Oregon. Findi fmNo.2 The application was duly executed as provided in the Land Use and Development Ordinance. Finding No. 3 Notice of the public hearing was given by publication in the News-Review, a newspaper of general circulation, at least 10 days prior to the date of the hearing. Opportunities were provided for all interested parties to be involved in the planning process through the public hearing. FfodfatiNo.4 The Planning Commission takes official notice of the Roseburg Urban Area Comprehensive Plan adopted by City Council Ordinance No. 2980 on December 9, 1996 and of the Roseburg Land Use and Development Ordinance No. 2363, as originally adopted July 1, 1964, and re-adopted in Ordinance No. 2981 on December 9, 1996. as both may have bean amended from time-to-lime. The Planning Commission takes official notice of the records of the Community Development Department. FMnnNo. 5 The Planning Commission staff report prepared for evaluation of this application was reviewed and taken Into consideration during the review process including all exhibits and materials referenced and any testimony provided at (he hearing, which is hereby made a part of the Commission's findings. CONCLUSION The amendment detailed in the Information provides clearer direction improving implementation and understanding of the Airport District An assessment of the proposal has found that the amendment complies with the applicable Comprehensive Plan policies and the Statewide Planning Goals. Planning Commission September 19,2011 CPA-11-1 Rage 1 of 2 BASED ON THE INFORMATION PROVIDED IN THE STAFF REPORT, AS WELL AS ALL OTHER MATERIALS PRESENTED, INCLUDING RELEVANT PUBLIC INPUT, THE PLANNING COMMISSION RECOMMENDS THE CITY COUNCIL APPROVE FILE NO. LUDO-11-1 APPROVING A LAND USE AND DEVELOPMENT ORDINANCE TEXT AMENDMENT TO REVISE CONDITIONALLY PERMITTED USES AS FOLLOWS: 3. Usoo-not opooffloolly llatod undor Section 3.10.050, whoro the •ongoing operation and uoo-io dlrootly dopondont- upon and diroctly a&sooiatod with airport aotMtie». 1. Uses net specifically Ifeted under Section 3.19,050 which do not conflict with the Ai'roort Layout Plan. BATED THIS DAY OF S>fb*Lt- Planning Commission Members: Ron Hughes, Chair Knut Torvflt, Vice Chair - absent Patrick Parson John McDonald - absent John Boyd Soolty Ingeman Planning Commission CPA-11-1 September 18.2011 Page 2 oí 2 Ron Hughes. Chai! Community Development Director City Council October 10, 2011 LUDO Text Amendment Page 11 of 12 LUDO FILE NO. LUDO-11-1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROSEBURG AMENDING THE ROSEBURG LAND USE AND DEVELOPMENT ORDINANCE NO. 2981 BY ADOPTING UPDATES AND CLARIFICATION TO SECTIONS 3.19.100 USES PERMITTED CONDITONALLY IN AIRPORT DISTRICT (AP) Zone WHEREAS, after reviewing the recommendation of the Planning Commission and conducting a public hearing on September 19, 2011 and October 10, 2011, and WHEREAS, Article 53, Section 3.35.000 states is may be necessary to amend the Land Use and Development Ordinance text from time-to-time to meet changes in circumstances and conditions, and NOW, THEREFORE, THE CITY OF ROSEBURG HEREBY ORDAINS AS FOLLOWS: SECTION 1: On the basis of the facts contained in the record, the City Council finds there is sufficient justification and need to accept the Planning Commission recommendation and hereby adopts as its own the Findings of Fact of the Planning Commission which are included herein by this reference. SECTION 2: Land Use and Development Ordinance Section 3.19.100 is hereby amended to read as follows: 1. Uses not specifically listed under Section 3.19.050 that do not conflict with the Airport Layout Plan. SECTION 3: All other sections and subsections of the Land Use and Development Ordinance shall remain in effect as written. PASSED BY THE COUNCIL THIS DAY OF , 2011. APPROVED BY THE MAYOR THIS DAY OF , 2011. Larry Rich, Mayor ATTEST: Sheila R. Cox, City Recorder City Council October 10, 2011 LUDO Text Amendment Page 12 of 12 ORDINANCE NO. 3385 AN ORDINANCE OF THE CITY OF ROSEBURG AMENDING THE ROSEBURG LAND USE AND DEVELOPMENT ORDINANCE NO. 2981 BY ADOPTING UPDATES AND CLARIFICATION TO SECTION 3.19.100 USES PERMITTED CONDITIONALLY IN AIRPORT DISTRICT (AP) Zone WHEREAS, after reviewing the recommendation of the Planning Commission and conducting a public hearing on September 19,2011 and October 10,2011, and WHEREAS, Article 53, Section 3.35.000 states is may be necessary to amend the Land Use and Development Ordinance text from time-to-time to meet changes in circumstances and conditions, and NOW, THEREFORE, THE CITY OF ROSEBURG HEREBY ORDAINS AS FOLLOWS: SECTION 1: On the basis of the facts contained in the record, the City Council finds there is sufficient justification and need to accept the Planning Commission recommendation and hereby adopts as its own the Findings of Fact of the Planning Commission which are included herein by this reference. SECTION 2: Land Use and Development Ordinance Section 3.19.100 is hereby amended to read as follows: 1. Uses not specifically listed under Section 3.19.050 that do not conflict with the Airport Layout Plan. SECTION 3: All other sections and subsections of the Land Use and Development Ordinance shall remain in effect as written. PASSED BY THE COUNCIL THIS 24™ DAY OF OCTOBER 2011. APPROVED BY THE MAYOR THIS 24™ DAY OF OCTOBER 2011. Larry Rich, Mayor ATTEST: ORDINANCE NO. 3385 CITY OF ROSEBURG 900 S.E. DOUGLAS AVENUE ROSEBURG, OR 97470-3397 TO: ATTENTION. PLAN AMENDMENT SPECPALIST DEPT. OF LAND CONSERVATION & DEVELOPMENT 635 CAPITOL STREET NE. SUITE 150 SALEM, OREGON 97301-2540 DEPT OF n n > 7 l a n d c o n s e r v a t i o n ..4D DEVEIOPMENT