Date: Jurisdiction: Local file no.: DLCD file no.: 12/21/2014 City of West Linn ANX-14-01 001-14 The Department of Land Conservation and Development (DLCD) received the attached notice of adopted amendment to a comprehensive plan or land use regulation on 12/12/2014. A copy of the adopted amendment is available for review at the DLCD office in Salem and the local government office. This amendment was submitted without a signed ordinance. Notice of the proposed amendment was submitted to DLCD 40 days prior to the first evidentiary hearing. Appeal Procedures Eligibility to appeal this amendment is governed by ORS 197.612, ORS 197.620, and ORS 197.830. Under ORS 197.830(9), a notice of intent to appeal a land use decision to LUBA must be filed no later than 21 days after the date the decision sought to be reviewed became final. If you have questions about the date the decision became final, please contact the jurisdiction that adopted the amendment. A 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). If the amendment is not appealed, it will be deemed acknowledged as set forth in ORS 197.625(1)(a). Please call LUBA at 503-373-1265, if you have questions about appeal procedures. If you have questions about this notice, please contact DLCD’s Plan Amendment Specialist at 503- 934-0017 or plan.amendments@state.or.us DLCD Contact NOTICE OF ADOPTED CHANGE TO A COMPREHENSIVE PLAN OR LAND USE REGULATION DLCD FORM 2 NOTICE OF ADOPTED CHANGE ~ TO Al~~~~~~HR~~S~~!~~NN OR RVAi ~NOOEVELOP Local governments are required to send notice of an adopted change to a comprehensive plan or land use regulation no more than 20 days after the adoption. (See OAR 660-0 18-0040). The rules require that the notice include a completed copy of this form. This notice form is not for submittal of a completed periodic review task or a plan amendment reviewed in the manner of periodic review. Use Fonn 4 for an adopted urban growth boundary including over 50 acres by a city with a population greater than 2,500 within the UGB or an urban growth boundary amendment over 100 acres adopted by a metropolitan service district. Use Fmn1 5 for an adopted urban reserve designation, or amendment to add over 50 acres, by a city with a population greater than 2,500 within the UGB. Use F onn 6 with submittal of an adopted periodic review task. Jurisdiction: City of West Linn Local file no.: ANX-14-01 Date of adoption: 12/03/2014 Date sent: 12/11/2014 Was Notice of a Proposed Change (Form 1) submitted to DLCD? Yes: Date (use the date of last revision if a revised Form 1 was submitted): 6-14-14 No Is the adopted change different from what was described in the Notice of Proposed Change? Yes No If yes, describe how the adoption differs from the proposal: No Local contact (name and title): Peter Spir Phone: 503-723-2539 Street address: 22500 Salamo Road E-mail: pspir@westlinnoregon.gov City: West Linn Zip: 97068- PLEASE COMPLETE ALL OF THE FOLLOWING SECTIONS THAT APPLY For a change to comprehensive plan text: Identify the sections of the plan that were added or amended and which statewide planning goals those sections implement, if any: For a change to a comprehensive plan map: Identify the former and new map designations and the area affected: Change from to acres. A goal exception was required for this change. Change from to acres. A goal exception was required for this change. Change from to acres. A goal exception was required for this change. Change from to acres. A goal exception was required for this change. Location of affected property (T, R, Sec., TL and address): 21E25CB TL 100 1430 Rosemont Road The subject property is entirely within an urban growth boundary The subject property is partially within an urban growth boundary http ://www.oregon.gov/LCD/Pages/forms.aspx -1- Form updated November 1, 2013 If the comprehensive plan map change is a UGB amendment including less than 50 acres and/or by a city with a population less than 2,500 in the urban area, indicate the number of acres of the former rural plan designation, by type, included in the boundary. Exclusive Farm Use- Acres: Non-resource- Acres: Forest- Acres: Marginal Lands - Acres: Rural Residential - Acres: Natural Resource/Coastal/Open Space- Acres: Rural Commercial or Industrial- Acres: Other: - Acres: If the comprehensive plan map change is an urban reserve amendment including less than 50 acres, or establishment or amendment 9f an urban reserve by a city with a population less than 2,500 in the urban area, indicate the number of acres, by plan designation, included in the boundary. Exclusive Farm Use- Acres: Non-resource- Acres: Forest - Acres: Marginal Lands - Acres: Rural Residential- Acres: Natural Resource/Coastal/Open Space- Acres: Rural Commercial or Industrial- Acres: · Other: - Acres: For a change to the text of an ordinance or code: Identify the sections of the ordinance or code that were added or amended by title and number: For a change to a zoning map: Identify the former and new base zone designations and the area affected: Change from FU-10 Change from Change from Change from to R-10 to to to Acres: 2.95 Acres: Acres: Acres: Identify additions to or removal from an overlay zone designation and the area affected: Overlay zone designation: Acres added: Acres removed: Location of affected property (T, R, Sec., TL and address): List affected state or federal agencies, local governments and special districts: Metro, Oregon Department of Revenue, Clackamas County, Tri-City Service District Identify supplemental information that is included because it may be useful to inform DLCD or members of the public of the effect of the actual change that has been submitted with this Notice of Adopted Change, if any. If the submittal, including supplementary materials, exceeds 1 00 pages, include a summary of the amendment briefly describing its purpose and requirements. 1. Final Decision Notice from City Council approving the zone change to R-10 contingent on election results. 2. Resolution 2014-17 approved December 8, 2014 by City Council certifying the results of the election. http://www.oregon.gov/ LCD/ Pages/ forrn s. aspx -2- Form updated November 1, 2013 WEST LINN CITY COUNCIL FINAL DECISION NOTICE ANX-14-01 IN THE MATTER OF AN ANNEXATION OF 2.95 ACRES OF REAL PROPERTY AT 1430 ROSEMONT ROAD At their meeting of July 14, 2014, the West linn City Council held a public hearing to consider the request by Jerry and Christine Burns to annex 2.95 acres of real property at 1430 Rosemont Road. A motion wa~ made, s~conded, and passed to approve ANX-14-01, the annexation of 2.95 acres of real property at 1430 Rosemont Road, and designate a zone of R-10, subject to voter approval. The Council found as follows: 1. The application for the Step 1: Land Use Decision met the approval criteria of Community Development Code, Chapter 81, which refers to the Metro Code, West Linn Municipal Code, and Oregon Revised Statutes. 2. The property was appropriate for annexation since it was within the Metro Urban Growth Boundary and adjacent to incorporated properties and right-of-way. 3. The application met the owner consent and expedited decision requirements given that all owners and electors consented to the annexation. 4. The proposal complies with the criteria of Metro Code, Section 3.09.050(d) and (e), where applicable. 5. The Comprehensive Plan designates the site as Low Density Residential, which provides for zoning districts between R-40 and R-7. If approved by the voters, the site will be zoned R-10, which is single family residential with a minimum lot size of 10,000 square feet, because the site is designated low density residential and adjacent to existing properties that are zoned R-10. 6. The property is well suited for development. The City's public facility master plans contemplate service to the area and there is sufficient capacity to serve the property. This decision is final upon the date of the signature on this notice. Those parties with standing may appeal this decision to the Oregon Land Use Board of Appeals (LUBA) according to the rules adopted by LUBA. 1 DATE MAILED THIS __ DAY OF JULY, 2014. APPROVED AS TO FORM: f\A~ 2 RESOLUTION NO. 2014-17 WEST LINN, OREGON A RESOLUTION OF THE WEST LINN CITY COUNCIL CERTIFYING THE RESULTS OF THE NOVEMBER 4, 2014, GENERAL ELECTION WHEREAS, at the General Election held on November 4, 2014, in and for the City of West Linn, Clackamas County, Oregon, Measure 3-458 Annexation of 2.126 acres into the City of West Linn; Measure 3-459 Annexation of 2.95 acres into the City of West Linn; Measure 3-460 Annexation of 4.9 acres into the City of West Linn; Measure 3-461 Northern perimeter of Wilderness Park for pedestrian and bike access; the Candidates for Municipal Judge; and the Candidates for City Council were submitted to the voters; and WHEREAS, the election was conducted by mail in ballot by the Clackamas County Elections Department, which established polling places, precincts, and election boards for the election; and WHEREAS, the precincts for said election constituted all of the territory included within the corporate limits of the City of West Linn; and WHEREAS, the City is required to certify the attached election results and do hereby declare the following to be the total from the abstracts of the votes on the City of West Linn ballot for the November 4, 2014, General Election from Clackamas County: Yes For Measure 3-458: 7,877 For Measure 3-459: 7,741 For Measure 3-460: 7,532 For Measure 3-461: 9,308 For Municipal Judge: Rhett Bernstein For Council: Russel Axelrod 5,613 6,465 Jody Carson 3,232 Mike Jones 3,600 No Total Votes 3,274 11,151 3,386 11,127 3,552 11,084 2,233 11,541 Write-Ins Total Votes 159 6,624 Brenda Perry 5,348 Write-Ins 67 NOW, THEREFORE, THE CITY OF WEST LINN CERTIFIES AS FOLLOWS: Total Votes 17,860 SECTION 1: The abstract of votes certified by the Office of the Clackamas County Clerk are attached hereto. SECTION 2: Ballot Measures 3-458 Annexation of 2.126 acres into the City of West Linn; Measure 3- 459 Annexation of 2.95 acres into the City of West Linn; Measure 3-460 Annexation of 4.9 acres into the City of West Linn; Measure 3-461 Northern perimeter of Wilderness Park for pedestrian and bike access were all approved. SECTION 3: Rhett Bernstein was re-elected as Municipal Judge for the term January 1, 2015, through December 31, 2018. SECTION 4: Russell Axelrod and Brenda Perry were elected as City Councilors for the term January 1, 2015, through December 31, 2018. This resolution was PASSED and ADOPTED this 8th day of DECEMBER 2014, and takes effect upon passage. ATTEST: ~~\~ KATHY MOLLUSKY, CITY R6 ER APPROVED AS TO FORM: ~-~· ~ 1/V-a CIArroRNFY Canvass Report - Election Voters Clackamas County, Oregon - General Election Page 71 of 141 Official November 04, 2014 11/24/2014 08:30AM Total Number of Voters : 161,652 of 229,859 = 70.33 Precincts Reporting 118 of 118 = 1 OO.OOo/. I City of West Linn Municipal Court Judge i Precinct Election Total Registered Percent Ballots Ballots Voters Turnout Cast Cast 130 1958 1958 2665 73.47% 131 2088 2088 2888 72.30% 132 1630 1630 2338 69.72% 133 2786 2786 3641 76.52% 134 1935 1935 2484 77.90% 2676 77.09% c: ] tn .: c: ~ ~ Ill ....1 ~ :t: - "C 0 ..., 130 1958 1958 2665 73.47% 510 131 2088 2088 2888 72.30% 662 132 1630 1630 2338 69.72% 420 133 2786 2786 3641 76.52% 732 1935 2484 77~0% 415 ~ (I) n. :; Ill "0 c I!! ttl 841 749 661 1190 999 I Ill "C (I) lll-o ~ r::: = 0 U) 0 Qj .... t: "N ..., Ul- 0 (I) ~ ~ Ill .Jo:: u f-· S!i o::< c ;:) 547 848 9 2755 662 808 12 2893 510 662 10 2263 841 1270 24 4057 426 1058 8 2906 CEP:T::=;~:J cc::::y Gt= ii-::= G~iG!NAL s;-::::s:=t.' H,:..;_'_, C·J~;·~TY CLERK BY: I Canvass Report - Election Voters Clackamas County, Oregon - General Election Page 124 of 141 Total Number of Voters: 161,652 of229,859 = 70.33 Official November 04, 2014 11/24/2014 08:30AM Precincts Reporting 118 of 118 = 100.00o/o Measure 3-458 Annexation of 2.126 acres into the City of West Linn j Precinct Election Total Registered Percent Ballots Ballots Voters Turnout Cast Cast Ul (}) 0 ] UJ z >- 0 .... 130 1958 1958 2665 73.47% 1242 505 1747 131 2088 2088 2888 72.30"/o 1348 535 1883 132 1630 1630 2338 69.72% 977 483 1460 133 2786 2786 3641 76.52% 1811 695 2506 134 '1935 1935 2484 77.90% 1228 480 1708 1847 c.:=?~ ·-=:~~ .:~ '__,:-~.·.::-.. :--iAL.. S~-:.::~.~~·~· :-~ .. , ·_;_ . .: ._.~:_; ~\~ ·: ·'t' C~EP.K f::.'(: ~~~.~liJJ~- Canvass Report - Election Voters Clackamas County, Oregon - General Election Page 125 of 141 Total Number of Voters : 161,652 of 229,859 = 70.33 Official November 04, 2014 11/24/2014 08:30AM Precincts Reporting 118 of 118 = 1 OO.OO o/. - Measure 3-459 Annexation of 2.95 acres into the City of West Linn I Precinct Election Total Registered Percent Ballots Ballots Voters Tum out Cast Cast 1/) (/) 0 (ij w >- z 0 1- 130 1958 1958 2665 73.47% 1251 494 1745 131 2088 2088 2888 72.30% 1341 544 1885 132 1630 1630 2338 69.72% 948 510 1458 133 2786 2786 3641 76.52% 1759 736 2495 134 1935 135 t ofalii : := -::-- -=- ~= = :~- ·~· tr ·· - ~•.: ...... ! ,=--l ~.--. .=.--.~\: .-;.~'-·-: ~~ . ..;~; .··~-~ ': -~?.K Canvass Report - Election Voters - Official Clackamas County, Oregon - General Election - November 04,2014 Page 126 of 141 Total Number of Voters : 161,652 of 229,859 = 70.33 11/24/2014 08:30AM Precincts Reporting 118 of 118 = 1 OO.OO o/r Measure 3-460 Annexation of 4.9 acres into the City of West Linn Precinct Election Total Registered Percent Ballots Ballots Voters Turnout Cast cast l/1 (/) 0 ~ w z >- 0 ...... _..._ - -- 130 1958 1958 2665 73.47% 1210 533 1743 131 2088 2088 2888 72.30% 1302 574 1876 132 1630 1630 2338 69.72% 932 514 1446 133 2786 2786 3641 76.52% 1720 772 2492 134 1935 1935 2484 77.90% 1183 135 2063 2063 2676 77.09% . ~ ,..._ - .- ...... "":.~ " ~· .... • .,.,.._- • .J .. ---·-... CE~T:r ' E:C CQt'J'( or l~ !l OHIGINAL ::=R~n;t;) Canvass Report - Election Voters Clackamas County, Oregon - General Election Page 127 of 141 Total Number of Voters : 161 ,652 of 229,859 = 70.33 Official November 04, 2014 11/24/2014 08:30AM Precincts Reporting 118 of 118 = 1 00.00°/r Measure 3-461 Northern perimeter of Wilderness Park for pedestrian and bike access J Precinct Election Total Registered Percent Ballots Ballots Voters Tumout Cast Cast Ill f/) 0 iii w z 0 >- I- - 130 1958 1958 2665 73.47% 1411 381 1792 131 2088 2088 2888 72.30% 1558 380 1938 132 1630 1630 2338 69.72% 1200 319 1519 133 2786 2786 3641 76.52% 2145 465 2610 134 1935 1935 2484 77.90% 1429 341 1770 2063 2063 2676 77.09% -,- CC~:-:-- . - == ~ ·:~ ;- ~~~ r ~ ·: : ::= .J:~iG! i·~AL :::. ~=-; I -·. ::.:j .... ~> ' _j_V ':L.E~r<. w . . PLANNING DEPT 22500 Salamo Road West Linn, Oregon 97068 PLAN ADMENDMENT SPECIALIST DEPT OF LAND CONSERVATION & DEVELOP 635 CAPITOL ST NESTE 150 SALEM OR 97301-2540 tl ~~-----u~ §~~ ,.....,. - '·~~~~ ~ -PITNEY BOWES 02 1 p $ 002.45° 0000838730 DEC 11 2014 MAILED FROM ZIP CODE 97068 D DEC 12 201 ONSERVATION ANO O!VELOPMENT