Department of Land Conservation and Development 635 Capitol Street, Suite 150 Salem, OR Theodore R. Kulongoski, Governor (503)

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1 regon Departent of Land Conservation and Developent 635 Capitol Street, Suite 150 Sale, R Theodore R. Kulongoski, Governor (503) NTICE F ADPTED AMENDMENT March 17, 2008 Fax (503) T: FRM. Subscribers to Notice of Adopted Plan or Land Use Regulation Aendents Mara Ulloa, Plan Aendent Progra Specialist SUBJECT: City of Sale Plan Aendent DLCD File Nuber The Departent of Land Conservation and Developent (DLCD) received the attached notice of adoption. A copy of the adopted plan aendent is available for review at the DLCD office in Sale and the local governent office. Appeal Procedures* DLCD ACKNWLEDGMENT or DEADLINE T APPEAL: March 31, 2008 This aendent was subitted to DLCD for review 45 days prior to adoption. Pursuant to RS (2)(b) only persons who participated in the local governent proceedings leading to adoption of the aendent are eligible to appeal this decision to the Land Use Board of Appeals (LUBA). If you wish to appeal, you ust file a notice of intent to appeal with the Land Use Board of Appeals (LUBA) no later than 21 days fro the date the decision was ailed to you by the local governent. If you have questions, check with the local governent to deterine the appeal deadline. Copies of the notice of intent to appeal ust be served upon the local governent and others who received written notice of the final decision fro the local governent. The notice of intent to appeal ust be served and filed in the for and anner prescribed by LUBA, (AR Chapter 661, Division 10). Please call LUBA at , if you have questions about appeal procedures. *NTE: THE APPEAL DEADLINE IS BASED UPN THE DATE THE DECISIN WAS MAILED BY LCAL GVERNMENT. A DECISIN MAY HAVE BEEN MAILED T YU N A DIFFERENT DATE THAN IT WAS MAILED T DLCD. AS A RESULT YUR APPEAL DEADLINE MAY BE EARLIER THAN THE ABVE DATE SPECIFIED. Cc: Gloria Gardiner, DLCD Urban Planning Specialist Jason Locke, DLCD Regional Representative Lisa Anderson, City of Sale <paa> ya/

2 NTICE F ADPTIN THIS FRM MUST BE MAILED BY DLCD WITHIN 5 WRKING DAYS AFTER THE FINAL DECISIN PER RS , AR CHAPTER D I V I S I N 18 A DEPTF f M p LAND CNSERVATIN ANDi&atasjtaeifr Jurisdiction: City of Sale Local File Nuber: CPC/ZC Date of Adoption: March Date Mailed: March Date this Notice of Proposed Aendent was ailed to DLCD: Deceber Coprehensive Plan Text Aendent X Coprehensive Plan Map Aendent Land Use Regulation Aendent X Zoning Map Aendent New Land Use Regulation ther: Suarize the adopted aendent. Do not use technical ters. Do not write "See Attached." Changed the Sale Area Coprehensive Plan ap designation fro "Single-Faily Residential" to "Multi-Faily Residential" and the zone district fro RA (Residential Agricultural) to RM2 (Multiple Faily Residential) for properly approxiately.57 acres in size and located in the 2400 Blk of Fisher Road NE (Marion County Assessor's ap ancitax lot nuber 072W18CC04500). Describe how the adopted aendent differs for the proposed aendent. If it is the sae, write "SAME." If you did not give notice fo the Proposed Aendent, write "N/A." Sae Plan Map Changed fro: Single Faily Residential to: Multi Faily Residential Zone Map Changed fro- RA (Residential Agriculture) to: RM2 (Multiple Faily Residential) Location: 2400 Block of Fisher Road NE Acres Involved: 0.57 Specify Density: Previous: New: Applicable Statewide Planning Goals: Was an Exception Proposed: YES N Did the Departent of Land Conservation and Developent receive a Notice of Proposed Aendent Forty-five (45) days prior to first evidentiary hearing? If no, do the statewide planning goals apply? If no, did Eergency Circustances require iediate adoption? _X Yes Yes No No Yes No Affected State of Federal Agencies, Local Governents or Special Districts: Local Contact: Lisa Anderson. Associate Planner Phone: (503) Extension Address: 555 Liberty Street SE, Roo 305 City: Sale Zip: Address: landerson@cityofsale.net DLCD File No ùj-ù& ( U>fg)

3 RESLUTIN N.: PC 08-4 C (/> C M P R E H E N S I V E PLAN C H A N G E / Z N E C H A N G E WHEREAS a petition for a Coprehensive Plan change fro Single Faily Residential to Multi-Faily Residential, and zone change fro RA (Residential Agriculture) to RM2 (Multiple Faily Residential) for property located in the 2400 Block of Fisher Road NE was filed by < - I CL Greater Northwest Construction, Terry Bergao, Applicant NW Land Developent Services, Steve Kay, Representative with the Planning Coission of the City of Sale, and WHEREAS, after due notice, a public hearing on the proposed changes was held before the Planning Coission on March 4, 2008, at which tie witnesses were heard and evidence received; and WHEREAS, the Planning Coission having carefully considered the entire record of this proceeding including the testiony presented at the hearing, after due deliberation and being fully advised; NW THEREFRE «> H(g >- UJ gfeg Z UJ z 59 S 2 _I UJ -J l C < ÛL 10 BE IT RESLVED BY THE PLANNING CMMISSIN F THE CITY F SALEM, REGN: Section 1. FINDINGS. The Planning Coission hereby adopts as its findings of fact the staff report(s) on this atter dated March 4, 2008, herewith attached and by this reference incorporated herein. Section 2. RDER. Based upon the foregoing findings and conclusions, it is hereby ordered: (a) The proposed Coprehensive Plan change in this atter fro Single Faily Residential to Multi-Faily Residential be granted; (b) The zone change fro RA (Residential Agriculture) to RM2 (Multiple Faily Residential) for the above defined area be granted, subject to the following conditions: 1 At the tie of building perit the applicant shall iprove the accessway and provide a sidewalk connection fro the developent to Fisher Road NE. The sidewalk will be placed within the iproved access easeent or adjacent to the access easeent. The sidewalk shall easure at least 3 feet in width and shall be paved. The sidewalk shall be separated fro the vehicle portion of the accessway by curbs, stripes, or raised paveent arkers ADPTED by the Planning Coission this 4th day of March President/Planitina Coission

4 Appeal of a Planning Coission decision is to the Sale City Council (Council), as set forth in Section of the Sale Revised Code (SRC). Written notice of an appeal and the applicable fee shall be filed with thè Planning Adinistrator within fifteen days after the record date of the decision. Sale Revised Code states that whether or not an appeal is filed, the Council ay, by ajority vote, initiate review of a Planning Coission decision by resolution filed with the City Recorder. Such a review shall be initiated prior to the adjournent of the first regular Council eeting following Council notification of the Planning Coission decision Review shall proceed according to SRC Section APPEAL PERID ENDS. March Copies of the staff report containing the Facts and Findings adopted by the Planning Coission are available upon request at Roo 305, Civic Center, during City business hours, 8:00 a. to 5:00 p.. Planning Coission Vote: Yes 7 No 0

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