Department of Land Conservation and Development 635 Capitol Street, Suite 150 Salem, OR 97301-2540 Theodore R. Kulongoski, Governor (503) 373-0050 Fax (503) 378-5518 www.lcd.state.or.us NOTICE OF ADOPTED AMENDMENT March 17, 2008 TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments FROM. Mara Ulloa, Plan Amendment Program Specialist SUBJECT: City of Gladstone Plan Amendment DLCD File Number 002-07 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: April 2, 2008 This amendment was submitted to DLCD for review 45 days 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 THAN IT WAS MAILED TO DLCD. AS A RESULT YOUR APPEAL DEADLINE MAY BE EARLIER THAN THE ABOVE DATE SPECIFIED. Cc: Gloria Gardiner, DLCD Urban Planning Specialist Darren Nichols, DLCD Community Services Division Manager Linda Preisz, City of Gladstone ya Oregon FORM 2 D L C D NOTICE OF ADOPTION D E P T 0 F This form must be mailed to DLCD within 5 working days after the final decision 1 0 []fj per ORS 197.610, OAR Chapter 660 - Division 18 (See reverse side for submittal requirements) LAND ^ ^ ^ J j ^ ^ ^ j y ' City of Gladstone TXT-07-02 Jurisdiction: Local File No.. (If no number, use none) Date of Adoption: March 11, 2008 D a t e Mailed: March 12, 2008 (Must be tilled in) (Date mailed or sent to lJLCD) Date the Notice of Proposed Amendment was mailed to DLCD: Aug. 22, 2007 Comprehensive Plan Text Amendment Comprehensive Plan Map Amendment xx Land Use Regulation Amendment Zoning Map Amendment _ New Land Use Regulation Other: (Please Specify Type of Action) Summarize the adopted amendment. Do not use technical terms. Do not write DSee Attached.O Mop ted r e v i s e d development s t anda rds a p p l i c a b l e t o t h e c e n t r a l bus ines s d i s t r i c t of G l a d s t o n e ' s P o r t l a n d Avenue. Amendments i n c l u d e e s t a b l i s h i n g a maximum setback of 5 feet from Portland Avenue frontage, restricting auto-dependent uses and requii ing ground floor windows and main entrances face Portland AVe. Describe how the adopted amendment differs from the proposed amendment. If it is the same, write •Same.O If you did not give notice for the proposed amendment, write ON/A.D same Plan Map Changed from . to Zone Map Changed from: to Location: Acres Involved: Specify Density: Previous: New: Applicable Statewide Planning Goals: 2, 10 Was an Exception Adopted? Yes: No: yy Did the Department of Land Conservation and Development receive a notice of Proposed Amendment FORTY FIVE (45) days prior to the first evidentiary hearing. If no, do the Statewide Planning Goals apply. If no, did The Emergency Circumstances Require immediate adoption. Affected State or Federal Agencies, Local Governments or Special Districts:_ Local Contact: Linda Preisz Area Code + Phone Number: 503-353-4528 Address: 9101 SE Sunnybrook Blvd. City: Clackamas Zip Code+4: 97015 Email Address: l indap@co.clackamas.or.us Yes: x No: Yes: No: Yes: No: Metro ADOPTION SUBMITTAL REQUIREMENTS This form must be mailed to DLCD within 5 working days after the final decision per ORS 197.610, OAR Chapter 660 Division 18. 1. Send this Form and TWO (2) Copies 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. Submit TWO (2) copies the adopted material, if copies are bounded please submit TWO (2) complete copies of documents and maps. 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 ONotice of AdoptionD is sent to DLCD. 6. In addition to sending the ONotice of AdoptionD 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 copy this form on to 8-1/2x11 green paper only ; or call the DLCD Office at (503) 373-0050; or Fax your request to:(503) 378-5518; or Email your ORDINANCE 1404 AN ORDINANCE AMENDING CHAPTER 17.18 OF THE GLADSTONE MUNICIPAL CODE PERTAINING TO LIMITATIONS ON USE AND DIMENSIONAL STANDARDS IN THE C-2, COMMUNITY COMMERCIAL DISTRICT AND REAFFIRMING ALL REMAINING PROVISIONS OF THE GLADSTONE MUNICIPAL CODE. The City of Gladstone does ordain as follows: Section 1. Chapter 17.18 of the Gladstone Municipal Code is amended in the following respects: 17.18.050 Limitations on use. All business activities, including service, repair, processing, storage and merchandise display shall be conducted wholly within an enclosed building except for the following: (1) Drive-through windows accessory to a use allowed outright provided that motor vehicle ingress and egress does not occur from Portland Avenue; (2) Outdoor play areas accessory to a community service facility; (3) Display of merchandise along the outside of the walls of a building provided such display does not extend more than three feet (3') from the walls and does not obstruct required pedestrian or bicycle access, emergency access or off-street parking areas; and (4) Activities approved in conjunction with a conditional use allowed under GMC Section 17.18.040 (conditional uses allowed). (5) The following limitations apply to developments along Portland Avenue: (a) All development shall provide ground floor windows along Portland Avenue. Required window areas must be either windows that allow views into working areas or lobbies, pedestrian entrances or display windows. Required windows may have a sill no more than 4 feet above grade. Where interior floor levels prohibit such placement, the sill may be raised to allow it to be no more than 2 feet above the finished floor level, up to a maximum sill height of 6 feet above grade. (b) All buildings shall have their primary entrances face Portland Avenue. Primary entrance is defined as the principal entry through which people enter the building. A building may have more than one primary entry, as defined in the Uniform Building Code. 17.18.060 Dimensional standards. Except as provided in GMC Chapter 17.38 (planned unit development), Chapter 17.72 (variances), and Chapter 17.76 (exceptions), the following dimensional standards shall apply in a C-2 zoning district: (1) Setbacks. There shall be no minimum setback requirements, except a maximum setback of five teet p ) shall be maintained along Portland Avenue frontages. Section 2. All remaining provisions of Chapter 17.18 of the Gladstone Municipal Code are reaffirmed in their entirety. THIS ORDINANCE ADOPTED BY THE COMMON COUNCIL AND APPROVED BY THE MAYOR THIS DAY OF MARCH, 2008. ATTEST: Mayor F:\New Files\ORDlNANCES\Ord.!404.Chpl7.18.C-2CommunityComml.doc aw GLADSTONE 525 Portland Avenue • Gladstone, OR 97027 Department of Land Conservation & Development 635 Capitol Street NE, Suite 150 Salem, Oregon 97301-2540 ATTN: Plan Amendment Specialist