Department of Land Conservation and Development 635 Capitol Street, Suite 150 Salem, OR 37301-2540 (503) 373-0050 Fax (503) 378-5518 w w w . lc d. s tat e. or. us NOTICE OF ADOPTED AMENDMENT 05/12/2009 TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments FROM: Plan Amendment Program Specialist SUBJECT: City of Rogue River Plan Amendment DLCD File Number 005-09 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, May 19, 2009 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 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: Laurie Prairie-Kunz, City of Rogue River Gloria Gardiner, DLCD Urban Planning Specialist ¿BBA 1 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 Jur isd ic t ion: C i ty of R o g u e River Loca l f i le number : O A 2 0 0 8 - 0 8 T & R Date of Adop t i on : Apr i l 23, 2009 Da te Mai led: Apri l 28, 2009 W a s a Not ice of P r o p o s e d A m e n d m e n t (Fo rm 1) ma i led to D L C D ? Y e s Date : N o v e m b e r 1, 2008 G C o m p r e h e n s i v e P lan Text A m e n d m e n t G C o m p r e h e n s i v e P lan M a p A m e n d m e n t G Land U s e Regu la t i on A m e n d m e n t G Z o n i n g M a p A m e n d m e n t N e w Land U s e Regu la t ion G O ther : S u m m a r i z e the a d o p t e d a m e n d m e n t . Do not use techn ica l te rms . Do not wr i te "See A t tached" . New commercial district to support the traveling public and encourage recreationactivities along the Rogue River I I III |VI M 'II I ~ . T'LVII « -1 • I - • [ M.UL -I d e p t o f APR 3 o M9 ^ C O N S E R V A T I O N AND DEVELOPMENT I I M r n r ' mi. Does the A d o p t i o n di f fer f r om p roposa l? Y e s Name changed to Travel & Recreation District, T&R Plan Map C h a n g e d f rom: to: Z o n e M a p C h a n g e d f rom: to: Locat ion: A c r e s Invo lved: Spec i f y Dens i ty : Prev ious : New: App l i cab le s ta tew ide p lann ing goa ls : 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 S H • • • • • . • H • • • • • • • • D Ö i D W a s an Excep t ion A d o p t e d ? G Y E S X N O Did D L C D rece ive a Not ice of P r o p o s e d A m e n d m e n t . . . 45 -days pr ior to f irst ev iden t ia ry hea r ing? X Y e s • No If no, do the s ta tew ide p lann ing goa ls app l y? G Y e s G No If no, d id E m e r g e n c y C i r c u m s t a n c e s requ i re immed ia te adop t i on? G Y e s G No DLCD file No. 0 0 5 - 0 9 ( 1 7 5 4 5 ) [ 1 5 5 0 7 ] I P l e a s e l ist al l a f f e c t e d S t a t e or F e d e r a l A g e n c i e s , L o c a l G o v e r n m e n t s or S p e c i a l D i s t r i c t s : None L o c a l C o n t a c t : L a u r e l P r a i r i e - K u n t z P h o n e : ( 5 4 1 ) 5 8 2 - 4 4 0 1 E x t e n s i o n : 1 0 6 A d d r e s s : P O B o x 1 1 3 7 F a x N u m b e r : 5 4 1 - 5 8 2 - 0 9 3 7 Ci ty : R o g u e R i v e r Z ip : 9 7 5 3 7 E - m a i l A d d r e s s : l p r a i r i e - k u n t z @ c i . r o g u e - r i v e r . o r . u s ADOPTION SUBMITTAL REQUIREMENTS This form must be mailed to DLCD within 5 working days after the final decision p e r O R S 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, or by emailing larry.french@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 larry.french@state.or.us - Attention: Plan Amendment Specialist. Updated March 17,2009 Council Bill No. 09-2152 ORDINANCE NO. 09-363-Q AN O R D I N A N C E ADDING S E C T I O N 3.044, T R A V E L A N D R E C R E A T I O N BUSINESS DISTRICT, TO THE C I T Y O F R O G U E R I V E R Z O N I N G ORDINANCE NO. 373, WHICH R E G U L A T E S THE USE OF L A N D A N D S T R U C T U R E S A N D E S T A B L I S H E S ZONES FOR T H A T P U R P O S E IN T H E CITY OF R O G U E RIVER, O R E G O N . T H E C O M M O N COUNCIL O F T H E CITY OF ROGUE RIVER, O R E G O N , O R D A I N S AS F O L L O W S : S E C T I O N 3.044. T&R OR T R A V E L A N D R E C R E A T I O N BUSINESS D ISTRICT is added to the City of Rogue River Z o n i n g Ordinance as fo l lows: S E C T I O N 3.044. T&R OR T R A V E L A N D R E C R E A T I O N B U S I N E S S DISTRICT: (1) Purpose . This district is des igned to provide f o r t h e location and group ing of bus inesses wh ich serve the travel ing and recreating public. By concentrat ing such uses the City intends to increase public conven ience when util izing such services and to al low such activit ies to render the max imum serv ice. (2) Permit ted Uses. All uses are subject to Art icle 10, Site Plan Review. a. Eating, drinking, enter ta inment , danc ing and recreat ion es tab l i shments , including restaurants , bars, theaters, v ideo arcades, dance halls and phys ica l f i tness centers. b. Hotels and motels. c. Automobi le service stat ions. d. Professional, f inancial, business, administrat ive, research and medica l of f ices, and any enterpr ise render ing professional or persona l services. e. Parks, p laygrounds, boat ramps and other simi lar public or pr ivate recreat ional facil it ies. f. Churches, synagogues , mosques, governmenta l off ices, l ibraries, parks, m u s e u m s , art gal leries, pol ice and fire stat ions and simi lar public or pr ivate inst i tut ions. g. Public utility instal lat ions relating directly to local distr ibut ion of serv ices, exc luding switching and t ransmiss ion stat ions and accessory wa rehouse and serv ice yards. h. Laundries, laundromats and dry c leaning serv ices. i. Maintenance, repair, improvement , expans ion and renovat ion of exist ing res idences. j. New garage and s to rage building for exist ing residence, k. Mobi le bus inesses, when : 1. Compr ised of two-hundred (200) square feet or less of enc losed space; 2. Are one-hundred (100%) percent self conta ined; and, 3. Are removed f rom the premises each night. (3) A c c e s s o r y Uses. The fo l lowing uses are permi t ted as accessory to an 1 - Ordinance No. 09-363-Q existing use in the Travel & Recreat ion District: a. Bus iness off ices and storage facil i t ies incidental to any of the permit ted uses when located on the same site, and within the principal bui lding. b. Family day care facil ity, group day care facil ity or small day care facil i ty incidental to a permit ted use, when located on the same site as the permi t ted use and within the principal building. (4) Condit ional Uses. The fo l lowing uses and accessory uses are permit ted when author ized in accordance with Art ic les 6, Condit ional Use Permits, and 10, Si te Plan Review: a. Recreat ional vehicle parks and campgrounds . b. New and used car, boat, truck and recreat ional vehicle sales and service. c. Public or iented commerc ia l serv ices such as nursing homes, conva lescent and rest homes for the aged, ret i rement homes, and hospi tals. d. Other similar uses, when found to be consistent with the intent of this District by the Planning Commiss ion . (5) Area. Width, Height, and Yard Requirements. a. The max imum bui lding height is forty (40') feet. b. Each new parcel must front on and have access to a publ ical ly owned and mainta ined road for a m in imum of forty (40') feet, except when the parcel is served by a f lagpole approved under Sect ion 4 .120 of the City of Rogue River Subdiv is ion Ordinance, or a private road created and approved through a partit ion, subdiv is ion or p lanned unit deve lopment . c. There are no requi rements for lot area or width, or for yard setbacks except as necessary to meet the off-street parking and loading requ i rements of Art ic le 5, or as a condit ion of approval . (6) General Requirements. a. No use shall be permit ted and no process, equ ipment or mater ia ls shal l be used which are found by the Planning Commiss ion to be harmfu l to persons living or work ing in the vicinity or by reason of odor, fumes, dust, smoke, c inders, dirt, refuse, water-carr ied waste , noise vibrat ions, i l lumination, glare, or unsight l iness or to involve any hazard of fire or explosions. b. All business, services and processes shall be conducted ent i rely within a comple te ly enclosed structure, or in an area immediate ly adjacent thereto prov ided the area of such outside use is paved and does not exceed ten percent (10%) of the area of the enc losed commerc ia l use and is entirely on privately owned property. Off-street parking and loading areas, gasol ine stations, outdoor dining enter ta inment or recreat ion areas, automobi le, boat, recreat ional vehicle and truck sales or rentals need not be within an enclosed structure. c. Open storage of mater ia ls at tendant to a permit ted use or condi t ional use shall be permit ted only within a paved area su r rounded or screened by an approved solid wall or an approved site screening fence six (61) feet in height, provided that no materials or equ ipment , except vehic les, shall be stored to a height greater than that of the wal l or fence. d. Where a site ad jo ins or is located across an alley f rom a resident ial distr ict, a solid wal l or fence, six (6') feet in height, shall be located on the property line c o m m o n to such districts, except in a required front yard, where it must be 1 - Ord inance No. 09-363-Q inside the property line. e. All new deve lopment shall be required to provide half street improvements along all f rontage roads, including curbs, gutters, s idewalks and s torm drain facil i t ies, and pavement to the center line of the road(s). f. Any deve loper working in any publ ic r ight-of-way within the city limits shall provide the City with a cert i f icate of insurance in the amount of one-mi l l ion ($1,000,000) dol lars naming the City as an addi t ional insured. Public util ities are exempt f rom this sect ion. g. Any deve loper developing in the City limits may be required to pay for a State of Oregon l icensed Hydrologist, Soil Engineer, Engineer, and/or Geologist who is hired by the City to review the deve lopmen t p lans to insure that all requi rements and speci f icat ions of the City are met. (7) Signs and Lighting Premises. a. No sign or outdoor advert is ing structure which faces and is located directly across the street f rom property s i tuated in an R-E, R-1, or R-2 district shall be directly i l luminated or f lashing. b. No red, green, or amber lights or i l luminated s igns may be placed in such a posit ion that they could reasonably be expected to interfere with or be confused with any off ic ial traff ic control device or traff ic s ignal or off icial d i rect ional gu ide signs. c. Out-of -door l ighting standards and f ixtures for i l luminat ion of premises shall be so des igned and installed that direct rays are not toward or paral lel with a publ ic street or h ighway or d i rected toward resident ia l uses located in the R-E, R-1 ,and R-2 districts. (8) Off -Street Parking. All uses shal l provide off-street parking facil i t ies as required in Art ic le 5 except w h e n located within a specia l district organized to provide c o m m o n publ ic parking areas. 1 - O r d i n a n c e No. 09-363-Q ORDINANCE NO. 09-363-Q First Reading: March 26. 2009 The enac tment of the above Ord inance was moved by England, seconded by Ehrhardt, roll call being had thereon, resulted as fol lows: England; aye, Mead; aye, Ehrhardt; aye, Collins; aye, Schaeffer; aye. S e c o n d Read ing: Apri l 23. 2009 The enactment of the above Ord inance was moved by England, seconded by Ehrhardt, roll call being had thereon, resul ted as fol lows: England; aye, Mead; aye, Ehrhardt; aye, Coll ins; aye, Schaeffer; aye. W h e r e u p o n the Mayor declared the mot ions to be carr ied and the Ord inance adopted. P A S S E D this 23rd day of April, 2009 by the C o m m o n Counci l of the City of Rogue River, Oregon. S I G N E D this 24 th day of April, 2009, by the Mayor of the City of Rogue River, Oregon. (Ài 5hn Bond ayor ATTEST: Carol J. Wei r Deputy Recorder 4 -Ordinance No. 09-362-Q Effect ive Date: May 23, 2009 Council Bill No. 09-2152 O R D I N A N C E NO. 09-363-Q AN O R D I N A N C E ADDING S E C T I O N 3.044, T R A V E L A N D R E C R E A T I O N BUSINESS D ISTRICT , TO THE CITY O F R O G U E R I V E R Z O N I N G O R D I N A N C E NO. 373, WHICH R E G U L A T E S THE USE O F L A N D A N D S T R U C T U R E S A N D E S T A B L I S H E S ZONES FOR T H A T P U R P O S E IN T H E CITY OF R O G U E RIVER, O R E G O N . THE C O M M O N C O U N C I L O F T H E CITY OF ROGUE RIVER, O R E G O N , O R D A I N S AS F O L L O W S : S E C T I O N 3.044. T&R OR T R A V E L A N D R E C R E A T I O N B U S I N E S S D ISTRICT is added to the City of Rogue River Z o n i n g Ordinance as fo l lows: S E C T I O N 3.044. T&R OR T R A V E L A N D RECREATION B U S I N E S S DISTRICT: (1) Purpose . This district is des igned to provide f o r t h e locat ion and grouping of bus inesses wh ich serve the travel ing and recreat ing public. By concentrat ing such uses the City in tends to increase public conven ience when utilizing such services and to al low such activit ies to render the max imum serv ice. (2) Permi t ted Uses. All uses are subject to Art icle 10, Site Plan Review. a. Eating, drinking, enter ta inment , danc ing and recreat ion es tab l i shments , including restaurants , bars, theaters, v ideo arcades, dance halls and phys ica l f i tness centers. b. Hotels and motels. c. Automobi le serv ice stat ions. d. Professional, f inancial, business, administrat ive, research and medica l off ices, and any enterprise render ing professional or persona l services. e. Parks, p laygrounds, boat ramps and other similar public or pr ivate recreat ional facil it ies. f. Churches, synagogues , mosques, governmenta l off ices, l ibraries, parks, m u s e u m s , art galleries, pol ice and fire stat ions and similar public or pr ivate inst i tut ions. g. Public utility instal lat ions relating directly to local distr ibut ion of serv ices, exc lud ing switching and t ransmiss ion stat ions and accessory wa rehouse and serv ice yards. h. Laundries, laundromats and dry c leaning serv ices. i. Maintenance, repair, improvement , expans ion and renovat ion of exist ing res idences. j. New garage and s to rage bui lding for exist ing residence, k. Mobi le bus inesses, when : 1. Compr ised of two-hundred (200) square feet or less of enc losed space; 2. Are one -hund red (100%) percent self conta ined; and, 3. Are removed f r om the premises each night. (3) A c c e s s o r y Uses. The fo l lowing uses are permi t ted as accessory to an 1 - Ordinance No. 09-363-Q existing use in the Travel & Recreat ion District: a. Bus iness off ices and storage facil i t ies incidental to any of the permit ted uses when located on the same site, and within the principal bui lding. b. Family day care facil ity, group day care facility or small day care facil ity incidental to a permitted use, when located on the same site as the permi t ted use and within the principal building. (4) Condit ional Uses. The fo l lowing uses and accessory uses are permi t ted when author ized in accordance with Art ic les 6, Condi t ional Use Permits, and 10, Site Plan Review: a. Recreat ional vehicle parks and campgrounds. b. New and used car, boat, truck and recreat ional vehicle sa les and service. c. Public or iented commerc ia l services such as nursing homes, conva lescent and rest homes for the aged, ret i rement homes, and hospitals. d. Other similar uses, when found to be consistent with the intent of this District by the Planning Commiss ion. (5) Area, Width. Height, and Yard Requirements. a. The max imum bui lding height is forty (40') feet. b. Each new parcel must front on and have access to a publ ical ly owned and main ta ined road for a m in imum of forty (40') feet, except when the parcel is served by a f lagpole approved under Sect ion 4.120 of the City of Rogue River Subdiv is ion Ordinance, or a private road created and approved through a partit ion, subdiv is ion or p lanned unit deve lopment . c. There are no requi rements for lot area or width, or for yard setbacks except as necessary to meet the off-street parking and loading requ i rements of Art ic le 5, or as a condit ion of approval . (6) Genera l Requirements. a. No use shall be permit ted and no process, equ ipment or mater ia ls shall be used which are found by the Planning Commiss ion to be harmfu l to persons living or work ing in the vicinity or by reason of odor, fumes, dust, smoke, c inders, dirt, refuse, water-carr ied waste , noise vibrat ions, i l lumination, glare, or unsight l iness or to involve any hazard of fire or explosions. b. All business, serv icesand processes shall be conducted ent irely within a comple te ly enclosed structure, or in an area immediate ly adjacent thereto provided the area of such outs ide use is paved and does not exceed ten percent (10%) of the area of the enc losed commerc ia l use and is entirely on privately owned property. Off-street parking and loading areas, gasol ine stat ions, outdoor dining enter ta inment or recreation areas, automobi le , boat, recreat ional vehic le and truck sales or rentals need not be within an enclosed structure. c. Open storage of mater ia ls at tendant to a permit ted use or condi t ional use shal l be permit ted only within a paved area su r rounded or sc reened by an approved solid wall or an approved site screening fence six (6') feet in height, prov ided that no mater ials or equ ipment , except vehicles, shall be stored to a height greater than that of the wall or fence. d. W h e r e a site adjo ins or is located across an alley f rom a resident ial district, a solid wall or fence, six (6') feet in height, shall be located on the property line c o m m o n to such districts, except in a required front yard, where it must be 1 - Ord inance No. 09-363-Q inside the property line. e. All new deve lopment shall be required to provide half street improvements a long all f rontage roads, including curbs, gutters, s idewalks and s torm drain facil i t ies, and pavement to the center line of the road(s). f. Any deve loper work ing in any public r ight-of-way within the city limits shal l provide the City with a cert i f icate of insurance in the amoun t of one-mi l l ion ($1,000,000) dol lars naming the City as an addi t ional insured. Publ ic util it ies are exempt f rom this sect ion. g. Any deve loper developing in the City limits may be required to pay for a State of Oregon l icensed Hydrologist, Soil Engineer, Engineer, and/or Geologist who is hired by the City to review the deve lopmen t p lans to insure that all requi rements and speci f icat ions of the City are met. (7) Signs and Lighting Premises. a. No sign or outdoor advert is ing structure which faces and is located directly across the street f rom property s i tuated in an R-E, R-1, or R-2 district shall be directly i l luminated or f lashing. b. No red, green, or amber lights or i l luminated s igns may be placed in such a posit ion that they could reasonably be expected to interfere with or be confused with any off ic ial traff ic control dev ice or traff ic s ignal or off icial d i rect ional gu ide signs. c. Out-of -door l ighting standards and f ixtures for i l luminat ion of premises shall be so des igned and installed that direct rays are not toward or paral lel with a public street or h ighway or directed toward resident ia l uses located in the R-E, R-1 ,and R-2 districts. (8) Off -Street Parking. All uses shal l provide off-street parking faci l i t ies as required in Art icle 5 except w h e n located within a specia l district o rgan ized to provide c o m m o n public parking areas. 1 - Ord inance No. 09-363-Q ORDINANCE NO. 09-363-Q First Read ing: March 28. 2009 The enactment of the above Ord inance was moved by England, seconded by Ehrhardt, roll call being had thereon, resulted as fol lows: England; aye, Mead; aye, Ehrhardt; aye, Coll ins; aye, Schaeffer; aye. Second Read ing: Apri l 23. 2009 The enac tment of the above Ord inance was moved by England, seconded by Ehrhardt, roll call being had thereon, resulted as fol lows: England; aye, Mead; aye, Ehrhardt; aye, Collins; aye, Schaeffer; aye. Whereupon the Mayor declared the mot ions to be carr ied and the Ord inance adopted. PASSED this 23 rd day of April, 2009 by the C o m m o n Counci l of the City of Rogue River, Oregon. S I G N E D this 24 th day of April, 2009, by the Mayor of the City of Rogue River, Oregon. ÓUi 5hn Bond layor ATTEST: Carol J. Wei r Deputy Recorder 4 -Ordinance No. 09-362-Q Effect ive Date: May 23. 2009