SUBJECT: City of Independence Plan Amendment DLCD File Number 001-14 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: Tuesday, March 18, 2014 This amendment was submitted to DLCD for review prior to adoption with less than the required 35-day notice. 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: Renata Wakeley, City of Independence Gordon Howard, DLCD Urban Planning Specialist Angela Lazarean, DLCD Regional Representative YA NOTICE OF ADOPTED AMENDMENT 03/03/2014 TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments FROM: Plan Amendment Program Specialist OLeo FORM 2 NOTICE OF ADOPTED CHANGE TO A COMPREHENSIVE PLAN OR LAND USE REGULATION FOR OLeO USE File No.: Received: Local goyernments 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 I '.1< ' ,I ." ' . ' ,f ). 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 I' "' 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 )' ,;0\1 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 with submittal of an adopted periodic review task. Jurisdiction: City of Independence Local file no.: 2e/ePMA-01-2013 Date of adoption: 2/25/2014 Date sent: 2/25/2014 Was Notice of a Proposed Change (Form I) submitted to DLCD? ~e (use the date oflast revision if a revised Form Iwas submitted): Is the adopted change different from what was described in the Notice of Proposed Change? Yes @ If yes, describe how the adoption differs from the proposal: Local contact (name and title): Renata Wakeley, City Planner Phone : 503-540-1618 Street address: 100 High Street SE, Suite 200 E-mail: renatac@mwvcog.org City: Salem Zip: 97301 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, ifany: N/a. For a change to a comprehensive plan map: Identify the former and new map designations and the area affected: Change from Agriculture (AG) requit=eel fer tHis ehaHge. Change from change. Change from change. to to to Low Density Residential (RS) 0.62 acres. - A geal execptiuii has acres. A goal exception was required for this acres. A goal exception was required for this Change from to acres. A goal exception was required for this change. Location of affected property (T, R, Sec., TL andLaddress) : Lot 111 of Map 041W21DB, 206 River Drive, Independence, OR. . .... -._ .. The subject property is entirely within an urban growth boundary Form updated November I , 2013 The subject property is partially within an urban growth boundary If th comprehensive plan map change is a UGB amendment includi -less than 50 acres and/or by a city with a populatlO ss than 2,500 in the urban area, indicate the numbe cres of the former rural plan designation, by type, included In e-b ndary. Exclusive Farm Use - Acres: -' Forest - Acres: Rura,.-~ ... -~- Non-resource - Acres: ~Ms!:giJ' 1!lal Lands - Acres: Coastal/Open Space - Acres: - Acres: If the com ehensive plan map change is an urban reserve amendm 1!- including less than 50 acres, or establishment or dment of an urban reserve by a city wit pulation less than 2,500 in the urban area, indicate the number of acres, n designation, in in the boundary. Exclusive Farm Use - Acres: Forest - Acres : Natural Resource:7elmsl@aI/OpenSpace-Acres: Rur".a~~ ... Other: - Acres: For a chauge 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: N/a For a change to a zoning map: Identify the former and new base zone designations and the area affected: Change from Agriculture (AG) Change from Change from Change from to to to to Low Density Residential (RS) Acres : Acres: Acres: Identify additions to or removal from an overlay zone designation and the area affected: Overlay zone designation: r.lJpt Acres added: IV/v.. Acres removed: tv'/-t Location of affected property (T, R, Sec., TL and address) : List affected state or federal agencies, local governments and special districts: ODOr, Yamhill County Acres: 0.62 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, ifany. If the submittal, including supplementary materials, exceeds 100 pages, include a summary of the amendment briefly describing its purpose and requirements . -2- Form updated November 1, 2013 BEFORE THE CITY COUNCIL OF THE CITY OF INDEPENDENCE STATE OF OREGON, COUNTY OF POLK An Ordinance Amending the City of Independence Comprehensive Plan Land Use Map and Zoning Map for a portion of Tax Lot No. 8421 DB00111 and Stating and Effective Date ORDINANCE NO. 1'5:;'1 COUNCIL BILL #2014-03 WHEREAS, the applicant initiated this request to amend the City Comprehensive Plan Land Use Map and Zoning Map to redesignate and rezone the subject property, a portion of the property located generally at 603 River Drive, Independence, Oregon, Tax Lot No. 8421DB00111 (Property), from its current Agriculture plan designation to the Low Density Residential plan designation and from its current Agriculture (AG) zoning to Low-Density Residential (RS) zoning ; and WHEREAS, on February 3, 2014, the Independence Planning Commission conducted a properly noticed public hearing, provided the public an opportunity to comment on the proposed plan change and rezone, and adopted findings and recommended Council approval of the proposal; and WHEREAS, on February 11 , 2014, the Independence City Council conducted a properly noticed public hearing concerning the proposed plan change and rezone and provided the public with an opportunity to be heard ; and WHEREAS, the Council has reviewed the record and Planning Commission recommendation of approval , and has determined to approve the plan change and rezone, NOW, THEREFORE, THE CITY OF INDEPENDENCE DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City of Independence hereby adopts the findings in support of these Comprehensive Plan Land Use Map and Zoning Map amendments, as contained in the Staff Report attached hereto as Exhibit "A", and by this reference incorporated herein. Section 2. Property Description. The Property described above and as more particularly described in Exhibit "B" (attached hereto and by this reference incorporated herein) is hereby redesignated on the City of Independence Comprehensive Plan Land Use Map from the Agriculture plan designation to the Low Density Residential plan designation and it is rezoned from the Agriculture (AG) to the Low-Density Residential Page I / Counci l Bill No. 20 14-03 / Amends Zoning, Leedy Property (RS) zone, as illustrated on Exhibit B. All official maps of the City are hereby amended to conform to the changes enacted by this ordinance. Section 3. Effective Date. This Ordinance shall take effect 30 days from its passage by the Council and the signature of the Mayor. READ for the first time: READ for the second time: APPROVED by Council: SIGNED by the Mayor: ATTEST: February 25, 2014 ~tk) I'\Aa.I'l1 .;> $', <=)0 1'-/ F~rLf ;;)S', C)c)\ 4- Feb(\. 5. "' N o " :r cc ~ C. '< " ~ ~ tMl"OffTANT TnlS M • .,tMAU.,non.", 1000;1 TtI .... t>on P\"DO'" ONLY ' - - - _ _ ..J 05/3"'3 - ~~- · '4 ." ~~---- - '" NW1I4 SEl14 SEC,21 T8S R4W WM POLK COUNTY Sc ale 1~ ~ 100' ... .... 'A~· .' I . ' - --- ,, - - , - - ~ r " -- - - - ·~ I : .~ _. • .. , 13-3 " S_ ...... 2>oc: 'f>RoPO$E D N 8 .4 .2108 c-.ooINo. ". '0. 'M '" on n, JL' !: 4- ,'" , _ f