SUBJECT: City of Happy Valley Plan Amendment DLCD File Number 009-12 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: Wednesday, January 16, 2013 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 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: Michael Walter, City of Happy Valley Gordon Howard, DLCD Urban Planning Specialist Jennifer Donnelly, DLCD Regional Representative YA NOTICE OF ADOPTED AMENDMENT 01/02/2013 TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments FROM: Plan Amendment Program Specialist • In person q electronic q mailed DEPT OF . DEC 2 7 2011 LAND CONSERVATION A AND DEVELOPMENT illl For Office Use Only DLCD Notice of Adoption This Form 2 must be mailed to DLCD within 5-Working Days after the Final Ordinance is signed by the public Official Designated by the jurisdiction and all other requirements of ORS 197.615 and OAR 660-018-000 0 F R R M Jurisdiction: City of Happy Valley Local file number: CPA-06-12/LDC-06-12 Date of Adoption: 12/4/2012 Date Mailed: 12/20/2012 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? E Yes q No Date: 9/21/2012 q Comprehensive Plan Text Amendment E Comprehensive Plan Map Amendment E Land Use Regulation Amendment E] Zoning Map Amendment q New Land Use Regulation n Other: Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". Conversion of previously annexed properties from County land use zones to applicable City comprehensive plan designations/zoning districts for properties located in the city limits within the greater "Eagle Landing" area (excluding lands owned by Veritas Investments). In addition, to remove outdated Chapter 16.36 (Eagle landing Sub-Area Plan Overlay Zone) from the City's Land Development Code. Does the Adoption differ from proposal? No, no explaination is necessary Plan Map Changed from: CntyR5 R2.5/MR2;OSM;MR2 HDR R7 to: CityR5 MURM2 IPU MURM2MURM3 R7 Zone Map Changed from: CntyR5 R2.5/MR2;OSM;MR2 HDR R7 to: CityR5 MURM2 IPU MURM2MURM3 R7 Location: Acres Involved: 36 Specify Density: Previous: 8-34 du/ac New: 8-34 du/ac Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 x x Was an Exception Adopted? q YES Z NO Did DLCD receive a Notice of Proposed Amendment... 35-days prior to first evidentiary hearing? E Yes q No If no, do the statewide planning goals apply? q Yes q No If no, did Emergency Circumstances require immediate adoption? 111 Yes q No DLCD file No. Please list all affected State or Federal Agencies, Local Governments or Special Districts: Clackamas County, Metro Local Contact: Michael D. Walter Phone: (503) 783-3800 Extension: 3839 Address: 16000 SE Misty Drive Fax Number: 503-658-5174 City: Happy Valley Zip: 97086- E-mail Address: michaelw@ci .happy- valley.or.us ADOPTION SUBMITTAL REQUIREMENTS This Form 2 must be received by DLCD no later than 5 working days after the ordinance has been signed by the public official designated by the jurisdiction to sign the approved ordinance(s) per ORS 197.615 and OAR Chapter 660, Division 18 1. This Form 2 must be submitted by local jurisdictions only (not by applicant). 2. When submitting the adopted amendment, please print a completed copy of Form 2 on light green paper if available. 3. Send this Form 2 and one complete paper copy (documents and maps) of the adopted amendment to the address below. 4. Submittal of this Notice of Adoption must include the final signed ordinance(s), all supporting finding(s), exhibit(s) and any other supplementary information (ORS 197.615 ). 5. Deadline to appeals to LUBA is calculated twenty-one (21) days from the receipt (postmark date) by DLCD of the adoption (ORS 197.830 to 197.845 ). 6. In addition to sending the Form 2 - Notice of Adoption to DLCD, please also remember to notify persons who participated in the local hearing and requested notice of the final decision. (ORS 197.615 ). 7. Submit one complete paper copy via United States Postal Service, Common Carrier or Hand Carried to the DLCD Salem Office and stamped with the incoming date stamp. 8. Please mail the adopted amendment packet to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 9. Need More Copies? Please print forms on 8% -1/2x11 green paper only if available. If you have any questions or would like assistance, please contact your DLCD regional representative or contact the DLCD Salem Office at (503) 373-0050 x238 or e-mail plan.amendmentsAstate.or.us . CITY OF HAPPY VALLEY ORDINANCE NO. 430 AN ORDINANCE INCORPORATING AMENDMENTS TO TITLE 16 OF THE CITY'S MUNICIPAL CODE (DEVELOPMENT CODE); AND, COMPREHENSIVE PLAN MAP/ZONING MAP AMENDMENTS IN ORDER TO IMPLEMENT CHANGES ENVISIONED WITHIN THE GREATER EAGLE LANDING AREA. THE CITY OF HAPPY VALLEY ORDAINS AS FOLLOWS: WHEREAS, the City has coordinated with the Oregon Department of Transportation (ODOT); Oregon Department of Conservation and Development (DLCD); Metro; and, Clackamas County in the development of the proposed amendments within the greater Eagle Landing area; and WHEREAS, incorporation of the greater Eagle Landing area zoning conversions requires amendments to the Comprehensive Plan/Zoning Map and the removal of the Eagle Landing Sub-Area plan within the City's Land Development Code have been discussed in a citizen involvement process that included direct mail (including Measure 56 Notice), and the Planning Commission public hearing on November 13, 2012; and WHEREAS, the Planning Commission recommended the City Council approve the amendments associated with the greater Eagle Landing area zoning conversions and Development Code amendments as detailed in the Staff Report to the Planning Commission dated November 13, 2012; and WHEREAS, the Council of the City of Happy Valley, Oregon, has determined that it is reasonable, necessary and in the public interest to make the proposed amendments as detailed within Staff Report to the Planning Commission dated November 13, 2012 and as discussed at the regular meeting of the City Council on December 4, 2012; and NOW, THEREFORE, based on the foregoing, THE CITY OF HAPPY VALLEY ORDAINS AS FOLLOWS: Section 1. The City of Happy Valley declares that the incorporation of the changes envisioned within the greater Eagle Landing area are supported by the proposed amendments to the City's Comprehensive Plan/Zoning Map and Land Development Code, to be amended as set forth within the Staff Report to the Planning Commission dated November 13, 2012. The City of Happy Valley declares that the Findings of Fact included within the Staff Report to the Planning Commission dated November 13, 2012 are hereby adopted in conjunction with this Ordinance. The City of Happy Valley declares that the changes to the greater Eagle Landing area are adopted and that the comprehensive plan designations/zoning districts be applied to the properties illustrated in Exhibit "A" that are currently located within the existing city limits. Section 2. Section 3. BE IT FURTHER DECLARED that this Ordinance shall become effective thirty (30) days after approval by the City Council. This ordinance takes effect 30 days after adoption. COUNCIL APPROVAL AND UNANIMOUS ADOPTION AT ONE MEETING: [December 4, 20121 CITY OF HAPPY VALLEY ATTEST: tn /col o ..__- I Alifi Mayor Lori DeReme Marylee Wa den, ity Recorder 2 Existing Zoning Proposed Zoning EXHIBIT B City °HappyValley Mayor Honorable Lori DeRemer City Manager Jason A. Tuck CITY OF HAPPY VALLEY STAFF REPORT TO THE PLANNING COMMISSION NOVEMBER 13, 2012 GREATER "EAGLE LANDING" AREA COMPREHENSIVE PLAN/ZONING MAP AMENDMENTS AND RELATED AMENDMENTS TO TITLE 16 OF THE CITY'S MUNICIPAL CODE (LAND DEVELOPMENT CODE), INCLUDING THE REMOVAL OF CHAPTER 16.36 (EAGLE-LANDING SUB-AREA OVERLAY ZONE) I. GENERAL INFORMATION: APPLICABLE CRITERIA: Applicable Statewide Planning Goals; OAR 660-012-0060 of the Oregon Administrative Rules; Title 4 of Metro Chapter 3.07 (Urban Growth Management Functional Plan); applicable Goals and Policies from the City of Happy Valley Comprehensive Plan; and applicable Sections of Title 16 (Development Code) of the City of Happy Valley Municipal Code, including 16.67.015, 16.67.020, and 16.67.060. EXHIBITS: A. Staff Report and Findings of Fact B. Proposed Comprehensive Plan/Zoning Map Amendments C. Proposed Development Code Text Amendments D. Published Notice E. Measure 56 Notice BACKGROUND: • The primary subject of the proposed amendments is further analysis of the geographic region in the northwest quadrant of the City of Happy Valley herein referred to as the "greater Eagle Landing area." This area does not include approximately 17 acres of land owned by Veritas Investment Company, LLC (Veritas) that was recommended for approval of a Comprehensive Plan/Zoning Map designation of Regional Center Mixed Use (RCMU) on April 3, 2012. The subject area is roughly 36 gross acres in size and was brought into the city limits by submittal of annexation petitions, primarily between 2005 and 2008. At the 16000 SE Misty Drive Happy Valley, Oregon 97086 Telephone: (503) 783-3800 Fax: (503) 658-5174 Website: www.ci.happy-valley.or.us EXHIBIT A Staff Report to the Planning Commission November 13, 2012 CPA-06-12/LDC-06-12 (Eagle Landing & Administrative Amendments) time of these annexations, the City of Happy Valley did not have in place the "conversion matrix" that now exists within the City's Land Development Code (LDC), which converts an urban Clackamas County zone to the applicable City zone. The ramifications associated with County zoned properties existing within the city limits are fairly complex. In sum, it is highly problematic for the City to administer the County zoning, because utilization of the County's Zoning Development Ordinance (ZDO) will refer one to many other code sections within the ZDO. The City's own Land Development Code contains all applicable land use regulations and policies associated with development or re-development within these areas, and is the necessary code to reference in regard to any action within the subject area. Thus, the City seeks to convert all lands within the city limits to City of Happy Valley Comprehensive Plan Designations/Zoning Districts. OBSERVATIONS: PROPOSED GREATER EAGLE LANDING AREA COMPREHENSIVE PLAN/ZONING MAP AMENDMENTS • As illustrated within the proposed Comprehensive Plan/Zoning Map Amendments (Exhibit B), there are a broad variety of existing Clackamas County zones within the subject area, and thus a broad variety of proposed City Comprehensive Plan Designations/Zoning Districts, which for the remainder of this document, will be shortened to "city zones" or "city zoning" (though yet referring to the City's combined "one-map" system that combines Comprehensive Plan Designations and Zoning Districts). In summary, the changes reflect conversion of the following zones: County R-5 to City R-5; County R-7 to City R-7; County R-2.5/MR-2 to City MUR-M2; County OSM to City IPU; County OC to City CCC; County MR-2 to City MUR-M2; and, County HDR to City MUR-M3. The proposed City zones simply reflect the existing conversion matrix found at Section 16.67.070 (Annexations) within the City's Land Development Code. PROPOSED GREATER EAGLE LANDING AREA RELATED LAND DEVELOPMENT CODE TEXT AMENDMENTS • The proposed text amendments to the City of Happy Valley LDC (Exhibit C) represent the complete removal of Chapter 16.36 (Eagle Landing Sub-Area Plan) from the LDC. Staff notes that at the time of annexation of a number of properties in 2005 (particularly the 17 acres owned by Veritas), the City and Veritas sought to expedite annexation and the provisions of Chapter 16.36, which represent previous land use approval conditions of approval from Clackamas County, as well as provisions from a since expired Development Agreement between the City and Veritas. As the previous land use approvals in the County as they relate to the 17 acres owned by Veritas are "vested" within the RCMU zone, and otherwise, said land use approvals are not desirable to be codified in the City's LDC, thus their proposed removal. 2 Staff Report to the Planning Commission November 13, 2012 CPA-06-12/LDC-06-12 (Eagle Landing & Administrative Amendments) II. FINDINGS OF FACT 1. The following Statewide Planning Goals are applicable to the subject request: "GOAL 1: CITIZEN INVOLVEMENT To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. Staff Response: The City, through the City of Happy Valley Land Development Code has created proper procedures to ensure citizens the opportunity to have input in any proposed text and map amendments. Opportunities for public input will be available in the hearings process prior to action on this proposal. Notification of this proposal and hearing are detailed in Exhibits D and E, above. The City has therefore met its obligation of providing for Citizen Involvement under Statewide Planning Goal 1, as defined through the City's adopted procedures. GOAL 2: LAND USE PLANNING To establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual base for such decisions and actions. Staff Response: The City has established a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual base for such decisions and actions. The City of Happy Valley Comprehensive Plan was adopted by the City and acknowledged by the Land Conservation and Development Commission (LCDC) as being in compliance with the statewide goals, state statutes and state administrative rules, in 1981. The proposed amendments to the Comprehensive Plan represent minor changes, as they reflect only conversion from existing Clackamas County urban zones to City of Happy Valley urban zones. The proposed amendments are consistent with existing City plan policies and are consistent with Statewide Planning Goal 2. GOAL 5: OPEN SPACES, SCENIC AND HISTORIC AREAS, AND NATURAL RESOURCES To conserve open space and protect natural and scenic resources. Staff Response: Applicability of Goal 5 to post-acknowledgment plan amendments is governed by OAR 660- 023-0250. The proposed amendments do not modify the acknowledged Goal 5 resource list, or that portion of the Happy Valley Development Code adopted to protect a significant Goal 5 resource, or a policy that addresses specific requirements of Goal 5. The proposed amendments do not allow uses that would conflict with a particular Goal 5 resource site on an acknowledged resource list. The proposed map and text amendments are therefore consistent with Statewide Planning Goal 5. 3 Staff Report to the Planning Commission November 13, 2012 CPA-06-12/LDC-06-12 (Eagle Landing & Administrative Amendments) GOAL 6 - AIR, WATER AND LAND RESOURCES QUALITY: To maintain and improve the air, water and land resources of the state. Staff Response: The proposed amendments do not affect policies associated with Goal 6 established by the Happy Valley Comprehensive Plan. Approval of the proposed text and map amendments will not eliminate the requirement for future development to meet the conditions of LDC Chapter 16.34 (Natural Resources Overlay Zone) or, Chapter 16.51 (Surface Water Management) or any other section of the Happy Valley Land Development Code. Oregon Department of Environmental Quality (DEQ) regulates air, water and land with CWA Section 401 Water Quality, Water Quality Certificate, State 303(d) listed waters, Hazardous Wastes, Clean Air Act (CAA), and Section 402 NPDES Construction and Stormwater Permits. DSL and ACE regulate jurisdictional wetlands and CWA Section 404 water of the state and the country respectively. Clackamas County Water Environment Services (WES) coordinates storm water management, water quality and stream enhancement projects throughout the city. Future development will still need to comply with these state, national and regional regulations and protections for air, water and land resources quality. The proposed map and text amendments are therefore consistent with Statewide Planning Goal 6. [-.-] GOAL 10: HOUSING To provide for the housing needs of citizens of the state. Staff Response: The proposed amendments do not impact any land designated for housing in the Comprehensive Plan as the proposed changes simply convert residential land use districts from County residential urban zones to City residential urban zones. The proposed map and text amendments are therefore consistent with Statewide Planning Goal 10. GOAL 11: PUBLIC FACILITIES AND SERVICES To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. Staff Response: Water service is provided by the Sunrise Water Authority. Clackamas County Water Environment Services (WES) coordinates storm water management, water quality and stream enhancement projects. Coordination with these agencies regarding public facilities and services for the amendment area will not be affected. The proposed amendments will not increase the demand for utility infrastructure and services. As addressed below under OAR-660-012-0060 (Transportation Planning Rule), the proposed amendments are not expected to generate an increase in traffic, and the planned transportation system in the area can absorb the future development traffic with no need for additional improvements beyond those identified in the adopted TSP. No amendments to the public facilities plans are necessary in order to accommodate the proposed map and text amendments. The proposed map and text amendments are therefore consistent with Statewide Planning Goal 11. 4 Staff Report to the Planning Commission November 13, 2012 CPA-06-12/LDC-06-12 (Eagle Landing & Administrative Amendments) GOAL 12: TRANSPORTATION To provide and encourage a safe, convenient and economic transportation system." Staff Response: See the finding under OAR 660-012-0060, below. As described below, the proposed amendments are consistent with Statewide Planning Goal 12. 2. The following Oregon Administrative Rules (OAR) are applicable to the subject request: "OAR Chapter 660, Division 12 (Transportation Planning) 660-012-0060 Plan and Land Use Regulation Amendments (1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this rule. A plan or land use regulation amendment significantly affects a transportation facility if it would: (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan); (b) Change standards implementing a functional classification system; or (c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based on projected conditions measured at the end of the planning period identified in the adopted TSP. As part of evaluating projected conditions, the amount of traffic projected to be generated within the area of the amendment may be reduced if the amendment includes an enforceable, ongoing requirement that would demonstrably limit traffic generation, including, but not limited to, transportation demand management. This reduction may diminish or completely eliminate the significant effect of the amendment. (A) Types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; (B) Degrade the performance of an existing or planned transportation facility such that it would not meet the performance standards identified in the TSP or comprehensive plan; or (C) Degrade the performance of an existing or planned transportation facility that is otherwise projected to not meet the performance standards identified in the TSP or comprehensive plan. (2) If a local government determines that there would be a significant effect, then the local government must ensure that allowed land uses are consistent with the identified function, capacity, and performance standards of the facility measured at the end of the planning period identified in the adopted TSP through one or a combination of the remedies listed in (a) through (e) below, unless the amendment meets the balancing test in subsection (2)(e) of this section or qualifies for partial mitigation in section (11) of this rule. A local government using subsection (2)(e), section (3), section (10) or section (11) to approve an amendment recognizes that additional motor vehicle traffic congestion may result and that other facility providers would not be expected to provide additional capacity for motor vehicles in response to this congestion. (a) Adopting measures that demonstrate allowed land uses are consistent with the planned function, capacity, and performance standards of the transportation facility. 5 Staff Report to the Planning Commission November 13, 2012 CPA-06-12/LDC-06-12 (Eagle Landing & Administrative Amendments) (b) Amending the TSP or comprehensive plan to provide transportation facilities, improvements or services adequate to support the proposed land uses consistent with the requirements of this division; such amendments shall include a funding plan or mechanism consistent with section (4) or include an amendment to the transportation finance plan so that the facility, improvement, or service will be provided by the end of the planning period. (c) Amending the TSP to modify the planned function, capacity or performance standards of the transportation facility. (d) Providing other measures as a condition of development or through a development agreement or similar funding method, including, but not limited to, transportation system management measures or minor transportation improvements. Local governments shall, as part of the amendment, specify when measures or improvements provided pursuant to this subsection will be provided. (e) Providing improvements that would benefit modes other than the significantly affected mode, improvements to facilities other than the significantly affected facility, or improvements at other locations, if the provider of the significantly affected facility provides a written statement that the system-wide benefits are sufficient to balance the significant effect, even though the improvements would not result in consistency for all performance standards. (3) Notwithstanding sections (1) and (2) of this rule, a local government may approve an amendment that would significantly affect an existing transportation facility without assuring that the allowed land uses are consistent with the function, capacity and performance standards of the facility where: (a) In the absence of the amendment, planned transportation facilities, improvements and services as set forth in section (4) of this rule would not be adequate to achieve consistency with the identified function, capacity or performance standard for that facility by the end of the planning period identified in the adopted TSP; (b) Development resulting from the amendment will, at a minimum, mitigate the impacts of the amendment in a manner that avoids further degradation to the performance of the facility by the time of the development through one or a combination of transportation improvements or measures; (c) The amendment does not involve property located in an interchange area as defined in paragraph (4)(d)(C); and (d) For affected state highways, ODOT provides a written statement that the proposed funding and timing for the identified mitigation improvements or measures are, at a minimum, sufficient to avoid further degradation to the performance of the affected state highway. However, i f a local government provides the appropriate ODOT regional office with written notice of a proposed amendment in a manner that provides ODOT reasonable opportunity to submit a written statement into the record of the local government proceeding, and ODOT does not provide a written statement, then the local government may proceed with applying subsections (a) through (c) of this section. (4) Determinations under sections (1)-(3) of this rule shall be coordinated with affected transportation facility and service providers and other affected local governments. (a) In determining whether an amendment has a significant effect on an existing or planned transportation facility under subsection (1)(c) of this rule, local governments shall rely on existing transportation facilities and services and on the planned transportation facilities, improvements and services set forth in subsections (b) and (c) below. 6 Staff Report to the Planning Commission November 13, 2012 CPA-06-12/LDC-06-12 (Eagle Landing & Administrative Amendments) (b) Outside of interstate interchange areas, the following are considered planned facilities, improvements and services: (A) Transportation facilities, improvements or services that are funded for construction or implementation in the Statewide Transportation Improvement Program or a locally or regionally adopted transportation improvement program or capital improvement plan or program of a transportation service provider. (B) Transportation facilities, improvements or services that are authorized in a local transportation system plan and for which a funding plan or mechanism is in place or approved. These include, but are not limited to, transportation facilities, improvements or services for which: transportation systems development charge revenues are being collected; a local improvement district or reimbursement district has been established or will be established prior to development; a development agreement has been adopted; or conditions of approval to fund the improvement have been adopted (C) Transportation facilities, improvements or services in a metropolitan planning organization (MPO) area that are part of the area's federally-approved, financially constrained regional transportation system plan. (D) Improvements to state highways that are included as planned improvements in a regional or local transportation system plan or comprehensive plan when ODOT provides a written statement that the improvements are reasonably likely to be provided by the end of the planning period (E) Improvements to regional and local roads, streets or other transportation facilities or services that are included as planned improvements in a regional or local transportation system plan or comprehensive plan when the local government(s) or transportation service provider(s) responsible for the facility, improvement or service provides a written statement that the facility, improvement or service is_reasonably likely to be provided by the end of the planning period (c) Within interstate interchange areas, the improvements included in (b)(A)-(C) are considered planned facilities, improvements and services, except where: (A) ODOT provides a written statement that the proposed funding and timing of mitigation measures are sufficient to avoid a significant adverse impact on the Interstate Highway system, then local governments may also rely on the improvements identified in paragraphs (b)(D) and (E) of this section; or (B) There is an adopted interchange area management plan, then local governments may also rely on the improvements identified in that plan and which are also identified in paragraphs (b)(D) and (E) of this section. (d) As used in this section and section (3): (A) Planned interchange means new interchanges and relocation of existing interchanges that are authorized in an adopted transportation system plan or comprehensive plan; (B) Interstate highway means Interstates 5, 82, 84, 105, 205 and 405; and (C) Interstate interchange area means: (i Property within one-quarter mile of the ramp terminal intersection of an existing or planned interchange on an Interstate Highway; or (ii) The interchange area as defined in the Interchange Area Management Plan adopted as an amendment to the Oregon Highway Plan. (e) For purposes of this section, a written statement provided pursuant to paragraphs (b)(D), (b)(E) or (c)(A) provided by ODOT, a local government or transportation facility provider, as appropriate, shall be conclusive in determining whether a transportation facility, improvement 7 Staff Report to the Planning Commission November 13, 2012 CPA-06-12/LDC-06-12 (Eagle Landing & Administrative Amendments) or service is a planned transportation facility, improvement or service. In the absence of a written statement, a local government can only rely upon planned transportation facilities, improvements and services identified in paragraphs (b)(A)-(C) to determine whether there is a significant effect that requires application of the remedies in section (2). (5) The presence of a transportation facility or improvement shall not be a basis for an exception to allow residential, commercial, institutional or industrial development on rural lands under this division or OAR 660-004-0022 and 660-004-0028. (6) In determining whether proposed land uses would affect or be consistent with planned transportation facilities as provided in sections (1) and (2), local governments shall give full credit for potential reduction in vehicle trips for uses located in mixed-use, pedestrian friendly centers, and neighborhoods as provided in subsections (a)-(d) below; (a) Absent adopted local standards or detailed information about the vehicle trip reduction benefits of mixed-use, pedestrian friendly development, local governments shall assume that uses located within a mixed-use, pedestrian friendly center, or neighborhood, will generate 10% fewer daily and peak hour trips than are specified in available published estimates, such as those provided by the Institute of Transportation Engineers (ITE) Trip Generation Manual that do not specifically account for the effects of mixed-use, pedestrian friendly development. The 10% reduction allowed for by this section shall be available only if uses which rely solely on auto trips, such as gas stations, car washes, storage facilities, and motels are prohibited; (b) Local governments shall use detailed or local information about the trip reduction benefits of mixed-use, pedestrian friendly development where such information is available and presented to the local government. Local governments may, based on such information, allow reductions greater than the 10% reduction required in subsection (a) above; (c) Where a local government assumes or estimates lower vehicle trip generation as provided in subsection (a) or (b) above, it shall assure through conditions of approval, site plans, or approval standards that subsequent development approvals support the development of a mixed-use, pedestrian friendly center or neighborhood and provide for on-site bike and pedestrian connectivity and access to transit as provided for in OAR 660-012-0045(3) and (4). The provision of on-site bike and pedestrian connectivity and access to transit may be accomplished through application of acknowledged ordinance provisions which comply with OAR 660-012-0045(3) and (4) or through conditions of approval or findings adopted with the plan amendment that assure compliance with these rule requirements at the time of development approval; and (d) The purpose of this section is to provide an incentive for the designation and implementation of pedestrian-friendly, mixed-use centers and neighborhoods by lowering the regulatory barriers to plan amendments which accomplish this type of development. The actual trip reduction benefits of mixed-use, pedestrian friendly development will vary from case to case and may be somewhat higher or lower than presumed pursuant to subsection (a) above. The Commission concludes that this assumption is warranted given general information about the expected effects of mixed-use, pedestrian friendly development and its intent to encourage changes to plans and development patterns. Nothing in this section is intended to affect the application of provisions in local plans or ordinances which provide for the calculation or assessment of systems development charges or in preparing conformity determinations required under the federal Clean Air Act. (7) Amendments to acknowledged comprehensive plans and land use regulations which meet all of the criteria listed in subsections (a)-(c) below shall include an amendment to the 8 Staff Report to the Planning Commission November 13, 2012 CPA-06-12/LDC-06-12 (Eagle Landing & Administrative Amendments) comprehensive plan, transportation system plan the adoption of a local street plan, access management plan, future street plan or other binding local transportation plan to provide for on- site alignment of streets or accessways with existing and planned arterial, collector, and local streets surrounding the site as necessary to implement the requirements in OAR 660-012- 0020(2)(b) and 660-012-0045(3): (a) The plan or land use regulation amendment results in designation of two or more acres of land for commercial use; (b) The local government has not adopted a TSP or local street plan which complies with OAR 660-012-0020(2)(b) or, in the Portland Metropolitan Area, has not complied with Metro's requirement for street connectivity as contained in Title 6, Section 3 of the Urban Growth Management Functional Plan; and (c) The proposed amendment would significantly affect a transportation facility as provided in section (1). (8) A "mixed-use, pedestrian-friendly center or neighborhood" for the purposes of this rule, means: (a) Any one of the following: (A) An existing central business district or downtown; (B) An area designated as a central city, regional center, town center or main street in the Portland Metro 2040 Regional Growth Concept; (C) An area designated in an acknowledged comprehensive plan as a transit oriented development or a pedestrian district; or (D) An area designated as a special transportation area as provided for in the Oregon Highway Plan. (b) An area other than those listed in subsection (a) above which includes or is planned to include the following characteristics: (A) A concentration of a variety of land uses in a well-defined area, including the following: Medium to high density residential development (12 or more units per acre); (ii) Offices or office buildings; (iii) Retail stores and services; (iv) Restaurants; and (v) Public open space or private open space which is available for public use, such as a park or plaza. (B) Generally include civic or cultural uses; (C) A core commercial area where multi-story buildings are permitted; (D) Buildings and building entrances oriented to streets; (E) Street connections and crossings that make the center safe and conveniently accessible from adjacent areas; (F) A network of streets and, where appropriate, accessways and major driveways that make it attractive and highly convenient for people to walk between uses within the center or neighborhood, including streets and major driveways within the center with wide sidewalks and other features, including pedestrian-oriented street crossings, street trees, pedestrian-scale lighting and on-street parking; (G) One or more transit stops (in urban areas with fixed route transit service); and (H) Limit or do not allow low-intensity or land extensive uses, such as most industrial uses, automobile sales and services, and drive-through services. 9 Staff Report to the Planning Commission November 13, 2012 CPA-06-12/LDC-06-12 (Eagle Landing & Administrative Amendments) (9) Notwithstanding section (1) of this rule, a local government may find that an amendment to a zoning map does not significantly affect an existing or planned transportation facility if all of the following requirements are met. (a) The proposed zoning is consistent with the existing comprehensive plan map designation and the amendment does not change the comprehensive plan map; (b) The local government has an acknowledged TSP and the proposed zoning is consistent with the TSP; and (c) The area subject to the zoning map amendment was not exempted from this rule at the time of an urban growth boundary amendment as permitted in OAR 660-024-0020(1)(d), or the area was exempted from this rule but the local government has a subsequently acknowledged TSP amendment that accounted for urbanization of the area. (10) Notwithstanding sections (1) and (2) of this rule, a local government may amend a functional plan, a comprehensive plan or a land use regulation without applying performance standards related to motor vehicle traffic congestion (e.g. volume to capacity ratio or V/C), delay or travel time if the amendment meets the requirements of subsection (a) of this section. This section does not exempt a proposed amendment from other transportation performance standards or policies that may apply including, but not limited to, safety for all modes, network connectivity for all modes (e.g. sidewalks, bicycle lanes) and accessibility for freight vehicles of a size and frequency required by the development. (a) A proposed amendment qualifies for this section if it: (A) is a map or text amendment affecting only land entirely within a multimodal mixed-use area (MMA); and (B) is consistent with the definition of an MMA and consistent with the function of the MMA as described in the findings designating the MMA. (b) For the purpose of this rule, "multimodal mixed-use area" or "MMA" means an area: (A) with a boundary adopted by a local government as provided in subsection (d) or (e) of this section and that has been acknowledged; (B) entirely within an urban growth boundary; (C) with adopted plans and development regulations that allow the uses listed in paragraphs (8)(b)(A) through (C) of this rule and that require new development to be consistent with the characteristics listed in paragraphs (8)(b)(D) through (H) of this rule; (D) with land use regulations that do not require the provision of off-street parking, or regulations that require lower levels of off-street parking than required in other areas and allow flexibility to meet the parking requirements (e.g. count on-street parking, allow long-term leases, allow shared parking); and (E) located in one or more of the categories below: at least one-quarter mile from any ramp terminal intersection of existing or planned interchanges; (ii) within the area of an adopted Interchange Area Management Plan (LAMP) and consistent with the IAMP; or (iii) within one-quarter mile of a ramp terminal intersection of an existing or planned interchange if the mainline facility provider has provided written concurrence with the MMA designation as provided in subsection (c) of this section. (c) When a mainline facility provider reviews an MMA designation as provided in subparagraph (b)(E)(iii) of this section, the provider must consider the factors listed in paragraph (A) of this subsection. 10 Staff Report to the Planning Commission November 13, 2012 CPA-06-12/LDC-06-12 (Eagle Landing & Administrative Amendments) (A) The potential for operational or safety effects to the interchange area and the mainline highway, specifically considering: (1) whether the interchange area has a crash rate that is higher than the statewide crash rate for similar facilities; (ii) whether the interchange area is in the top ten percent of locations identified by the safety priority index system (SPIS) developed by ODOT; and (iii) whether existing or potential future traffic queues on the interchange exit ramps extend onto the mainline highway or the portion of the ramp needed to safely accommodate deceleration. (B) If there are operational or safety effects as described in paragraph (A) of this subsection, the effects may be addressed by an agreement between the local government and the facility provider regarding traffic management plans favoring traffic movements away from the interchange, particularly those facilitating clearing traffic queues on the interchange exit ramps. (d) A local government may designate an MMA by adopting an amendment to the comprehensive plan or land use regulations to delineate the boundary following an existing zone, multiple existing zones, an urban renewal area, other existing boundary, or establishing a new boundary. The designation must be accompanied by findings showing how the area meets the definition of an MMA. Designation of an MMA is not subject to the requirements in sections (1) and (2) of this rule. (e) A local government may designate an MMA on an area where comprehensive plan map designations or land use regulations do not meet the definition, if all of the other elements meet the definition, by concurrently adopting comprehensive plan or land use regulation amendments necessary to meet the definition. Such amendments are not subject to performance standards related to motor vehicle traffic congestion, delay or travel time. (11) A local government may approve an amendment with partial mitigation as provided in section (2) of this rule if the amendment complies with subsection (a) of this section, the amendment meets the balancing test in subsection (b) of this section, and the local government coordinates as provided in subsection (c) of this section. (a) The amendment must meet paragraphs (A) and (B) of this subsection or meet paragraph (D) of this subsection. (A) Create direct benefits in terms of industrial or traded-sector jobs created or retained by limiting uses to industrial or traded-sector industries. (B) Not allow retail uses, except limited retail incidental to industrial or traded sector development, not to exceed five percent of the net developable area. (C) For the purpose of this section: (i) "industrial" means employment activities generating income from the production, handling or distribution of goods including, but not limited to, manufacturing, assembly, fabrication, processing, storage, logistics, warehousing, importation, distribution and transshipment and research and development. (ii) "traded-sector" means industries in which member firms sell their goods or services into markets for which national or international competition exists. (D) Notwithstanding paragraphs (A) and (B) of this subsection, an amendment complies with subsection (a) if all of the following conditions are met: The amendment is within a city with a population less than 10,000 and outside of a Metropolitan Planning Organization. 11 Staff Report to the Planning Commission November 13, 2012 CPA-06-12/LDC-06-12 (Eagle Landing & Administrative Amendments) (ii) The amendment would provide land for "Other Employment Use" or "Prime Industrial Land" as those terms are defined in OAR 660-009-0005. (iii) The amendment is located outside of the Willamette Valley as defined in ORS 215.010. (E) The provisions of paragraph (D) of this subsection are repealed on January 1, 2017. (b) A local government may accept partial mitigation only if the local government determines that the benefits outweigh the negative effects on local transportation facilities and the local government receives from the provider of any transportation facility that would be significantly affected written concurrence that the benefits outweigh the negative effects on their transportation facilities. If the amendment significantly affects a state highway, then ODOT must coordinate with the Oregon Business Development Department regarding the economic and job creation benefits of the proposed amendment as defined in subsection (a) of this section. The requirement to obtain concurrence from a provider is satisfied if the local government provides notice as required by subsection (c) of this section and the provider does not respond in writing (either concurring or non-concurring) within forty-five days. (c) A local government that proposes to use this section must coordinate with Oregon Business Development Department, Department of Land Conservation and Development, area commission on transportation, metropolitan planning organization, and transportation providers and local governments directly impacted by the proposal to allow opportunities for comments on whether the proposed amendment meets the definition of economic development, how it would affect transportation facilities and the adequacy of proposed mitigation. Informal consultation is encouraged throughout the process starting with pre-application meetings. Coordination has the meaning given in ORS 197.015 and Goal 2 and must include notice at least 45 days before the first evidentiary hearing. Notice must include the following: (A) Proposed amendment. (B) Proposed mitigating actions from section (2) of this rule. (C) Analysis and projections of the extent to which the proposed amendment in combination with proposed mitigating actions would fall short of being consistent with the function, capacity, and performance standards of transportation facilities. (D) Findings showing how the proposed amendment meets the requirements of subsection (a) of this section. (E) Findings showing that the benefits of the proposed amendment outweigh the negative effects on transportation facilities" Staff Response: The Happy Valley Transportation System Plan, the most recent version of which was adopted in February 2012, addresses the entire street system serving the greater Eagle Landing area, including provisions for Causey Ave. and Monterey Ave. as Collector roads and Sunnyside Road as a Major Arterial. The proposed map and text amendments will not affect the functional classification of the existing or planned transportation facilities in the area, nor will they affect the standards implementing the functional classification system. The proposed map and text amendments are therefore consistent with Statewide Planning Goal 12 and the Transportation Planning Rule. 12 Staff Report to the Planning Commission November 13, 2012 CPA-06-12/LDC-06-12 (Eagle Landing & Administrative Amendments) 3. The following Land Use Policies from the City's general Comprehensive Plan Policies are applicable to this request: "General Policies Policy 4: To insure orderly development in the City of Happy Valley through formulation of growth management policies and guidelines which will determine that development can occur only when adequate levels of services and facilities are or will be available. Policy 5: To encourage controlled development while maintaining and enhancing the physical resources which make Happy Valley a desirable place to live. Policy 8: To assume proportionate responsibility for development within the City of Happy Valley consistent with projected population for the City. Policy 10: Limit development in identified natural drainage-ways, floodplains, wetlands, steep slopes and landslide hazard areas. Housing development, and any other development intended for human occupancy, shall occur, to the greatest extent possible, on lands designated for development that are free from flood hazard, slope limitations, or other hazards. Staff Response: The proposed set of Comprehensive Plan Map/Zoning Map amendments would allow development forms that will better fit within the City's plans and provisions for orderly growth and growth management due to the fact that development will be directly tied to City Comprehensive Plan designations/zoning districts and the City's LDC and thus can better respond to and integrate with the City's current protections for steep slopes, stream -corridors, flood areas, or other natural features. 4. The following Sections from Title 16 of the City's Municipal Code (Development Code) are applicable to this request: "Chapter 16.67 Comprehensive Plan Map, Specific Area Plans, Land Use District Map and Text Amendments 16.67.015 Initiation of a plan amendment. A. Any change in the text, map or implementing ordinances of adopted Happy Valley land use regulations may be initiated by the city, any resident of the city, property owners or authorized agent.... The City may, for the purposes of revising or updating plans to comply with statewide goals, legal guidelines or other necessary criteria, initiate a change in the map or text of any plan and this Land Development Code at any time. Staff Response: The City is initiating the proposed Comprehensive Plan Map/Zoning Map Amendments and Development Code amendments. 13 Staff Report to the Planning Commission November 13, 2012 CPA-06-12/LDC-06-12 (Eagle Landing & Administrative Amendments) 16.67.020 Legislative Amendments Legislative amendments are policy decisions made by City Council. Except in the case of expedited annexation, they are reviewed using the Type IV procedure in Section 16.61.050 and shall conform to the Transportation Planning Rule provisions in Section 16.67.060, as applicable. Staff Response: The proposed amendments are legislative in nature. They will be reviewed using the Type IV procedure and will be considered by the Planning Commission and City Council. Compliance with the Transportation Planning Rule is addressed below. 1•1 16.67.060 Transportation Planning Rule Compliance A. Review of Applications for Effect on Transportation Facilities. When a development application includes a proposed Comprehensive Plan amendment or land use district change, the proposal shall be reviewed to determine whether it significantly affects a transportation facility, in accordance with Oregon Administrative Rule (OAR) 660-012-0060 (the Transportation Planning Rule — TPR) and the traffic impact study provisions of Section 16.61.090. "Significant" means the proposal would: 1. Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors). This would occur, for example, when a proposal causes future traffic to exceed the levels associated with a "collector" street classification, requiring a change in the classification to an "arterial" street, as identified by the City's Transportation System Plan ("TSP '); or 2. Change the standards implementing a functional classification system; or 3. As measured at the end of the Transportation System Plan (TSP) period, allow types or levels of land use would result in levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; or 4. Reduce the performance of an existing or planned transportation facility below the minimum acceptable performance standards identified in the TSP; or 5. Worsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standards identified in the TSP." Staff Response: Compliance with Statewide Planning Goal 12 (Transportation) and Oregon Administrative Rule (OAR) 660-012-0060 (Transportation Planning Rule — TPR) is addressed in Section 2 of these findings. III. CONCLUSION: Staff has determined that the above findings demonstrate that the proposed amendments to the City's Land Development Code and Comprehensive Plan/Zoning Map amendments satisfy the requirements of the Statewide Planning Goals, the Transportation Planning Rule, City of Happy Valley Comprehensive Plan Policies and the City's Land Development Code. Staff, therefore, recommends that the Planning 14 Staff Report to the Planning Commission November 13, 2012 CPA-06-12/LDC-06-12 (Eagle Landing & Administrative Amendments) Commission forward a recommendation of approval to the City Council on application CPA-06- 12/LDC-06-12. 15 2U ! U O Z 2U !T S! X 3 03RD LA/ , DING CT EAGLE ', ( ,,4'. ,D, CR E ST E D EAGLE ,f0 .', GOLDENFACt FILM i I . 1g .1,-,T 1; 1 INUIT s , • ti•;...7— i., k Illomi • — ` sin lir NI Ei It org,"• .1P III sr. ii:L1141:11.;:an i: ppi . 11.111 1:::0 fraa' fa .' ellYillidAllif Viii _411file n Rietiors -.41,,a' ...... POTWEIIMIP►* 41 VtalIWIN Al 44,0 i k. 11 ilal li NI li 1 $ 011111 12/ ill : .° I ZIA PP* • 4 rail arn II 11 i • 1 frin . i,Pli Min 1. 111/11 I i '41:14" ....4% ti II MN 1111111. Nil A' 4 • _As r • .• HI i m r N. IN au • II 441n II 4ino • isii ii, um- 1.... .. A., 3 :Iii CAE MIN A. lid 2u !u o z p a so do m DRAFT MUNICIPAL CODE TEXT AMENDMENTS 16-36;010-Purpose; The purpose of this chapter is to accommodate the annexation and subsequent development of sections of the greater Eagle Landing Area not already developed within Clackamas County, within the City limits of to street design and connections. The Eagle Landing Sub Area Plan provides a comprehensive, single source of rcvicw processes and development standards in order to accommodate efficient design rcvicw, Happy Valley. 167-36:020-Definitiens7 "Eagle Landing Phase I" means the ninety two (92) acre site that comprises the Eagle Landing PUD approved under Clackamas County Casc No. Z0840 03 SL and the Eagle Landing Plat recorded as Document No. 2004 60414. "Eagle Landing Phase II" means the nineteen and four tenths (19.4) acre site that comprises the Mt. Scott Village PUD approved under Clackamas County Caso No. Z0563 99 SL. The development is further described as Clackamas County Assessor Map No. 1S 2E 33AD: Tax Lots 1100 and 1200. "Phase A of Eagle Landing Phase-" means-develepment-to-inelude-the-golf course, up to three units in the MR 2 zoned area. "Phase B of Eagle Landing Phase I" means development to include up to an additional four are feet of office and service commercial space and one hundred - !I • 1 1 • • : •• • ; : ; : : : - ; : • : ; : • : I ! I EXHIBIT C c ar,pn WA.. HER It' • 1.4. v/4E -MUM w WAY '10 .1E 4.) .f) 51 H 1. Eaele Landing Sub-Area Plan 4r S 147: RLOTYE 154 irmsn.•Ar APT 1 Or' 0 t.'7.on at • • nu, .41 ." I' r'S,...? e . IS' # • • ol .41"- • ..,,,,, • / ..e ,o ,o n ,..-. • ',..= ?..}"..1, • i ' o" P ., , .:roCfri/; ,- 7 --,': , '. 4r,./ .. 14- o • ' •' ' .* . '''';'' .ev.7 '. :..// ,e 4 • + .' ..".;.'/. .+' ar, r. 2 u Isto qt.) 44 4 11 n C ! I : • • • • . I 2 : : : • : ; " " ; " " - " : 1. Master Plan Approval (Clackamas County Caso No. Z0227 03 AA),Develepment-ef-a the original master plan, within the project at one or more locations within the OC site. B of Eagle Landing Phase I, and prior to occupancy of any of the service commercial • . : • : occupancy permits for more than one hundred and fifty (150) units within the MR 2 area, 2. PUD Approval (Clackamas County Casc No. Z0840 03 SL). a----All-struetufes-en Tand uses of, the individual lots and tracts shall conform to the appfeved-building-feetage in the OC zone) may be developed during any construction b. All development of the individual lots and tracts is subject to the provisions of the underlying zoning district (as modified abovc), Section 1013 and the development 1001.03 of the ZDO, including, but not limited to, the County roadway-staftdurils rGeunty on Lots 1 through 7, 81 and 82. c. Alternative ownership of the various tracts c.g., conveyance to the North required by agency requirements. f. All future grading, filling, and excavation done in conjunction with any 3 h. This development is subject to the provisions of ZDO 40-06702B pertaining to the pr-oviaien-of-water service to the proposed lots. Water service shall be provided according to the provisions of ORS 92,090. The subject property is within the service area of the Sunrise Water Authority. The extension of water mains, location of fire hydrants, etc. accordance with the requirements of the Sunrise Water Authority. • - D e ! ! ! development that has a need for electricity, gas, and communications services shall install them-pursuant to the requirements of the district or company serving the development. • ": .'4' : Z.': arrangements for the installation and maintenance of streetlights with the power company . - aD 11 and pre wire for acceptance of these streetlights. The developer mast-also-submit an application by letter to the County Department Of Transportation tallation of the streetlights and annexation into the A • • k. The subject property is within the Clackamas Firc District No. 1. All development-is-subject to the District's standards pertaining to emergency vehicle access, supply (fire hydrants), premises identification numbering and other felevant-standards. i. Firefighting water supply shall meet the fireflow requirements of the fire district for all structures, and shall provide fire hydrants to within two hundred and fifty (250)eet of all parts of the structures as approved by the fire district. Maximum spacing-between hydrants shall not exceed five hundred (500) feet. Additional fire additional hazards present that can compromise fire and life safety. the-applicant shall obtain a stamp of approval from Clackamas Fire District No. 4-that-demonstrates fire code access and water supply requirements will be satisfied. 1. The development is subject to the provisions of SectionA-00-kthe-C-ounty roadway standards, and the surface water rules and re stormwater management systems. The CCSDfil has submitted comments containing the • specifications of CCSDIt 1 for surface water management systems. ii. The costs of the storm sewer systems shall be borne entirely by the developer. Each lot is subject to the current rates for surface water System Development C " " - D - 4 plark-revieNw iv. The development is subject to the rcquircmcnts of the National Pollutant Environment Services. Forms for the NPDES permit are available on the 'WES •••"• n••••••ai ijisjLam: beekigenerallues,pdf: method (SBUH hydrograph Software version 4.21B or higher). The detention requirement is to reduce the two year developed discharge to one half of the pre developed rate. water runoff will be disposed of in an underground injection system (as dcfmcd in OAR 340, Division 44), the system shall be State permit rcquircmcnts will be determined at that time. hall be met. Facilities shall be designed to with sufficient capacity to infiltrate up to the one half inch of rainfall in a twenty four (21) hour period. ix.All springs, seeps, wetlands, sensitive areas, and required buffers shall be clearly . . impacts can be effectively evaluated. x. Where drainage systems of catch basins and pipes are available, all drains that extend to the curb must be directly connected to the storm system. Roof and storm sewer system, infiltrators or into the street gutter shall be shown on the plans. : • : • : • : the-stem-drainage-plans, reduce the number of sites and locate subregional detention facilities for the entire site. As ach site develops, an assessment could be levied to each development as a eight to ten (10) currently proposed, or propose some other method for WES review and-appreval, 5 xii. The stormwatcr detention facilities shall be located in such a way that adequate-vehieular access for maintenance is provided. xiii. A site spccific drainage plan to control stormwatcr is required for the proposed c PUD area. The stormwatcr facilities arc required to be installed in an easement or a tract, acceptable to WES. The applicant-shall-submit drainage plans for the pedestrian paths that include a ditch/bio swale, catch basins, xiv. Stormwater detention pipes arc not allowed in public streets unless the Written approval is required from the County Engineering Division for any xv. The developer is required to provide detention for the entire OC site. The applicant's submittal had two options for storm dctcntion for the OC arca. Option 1 of the concept utility plan is the option preferred by the WES. Subrcgional detention and water quality facilities arc encouraged. Where topographically feasible, detention and water quality facilities may be sized and constructed to provide an one development Maintenance shall be previded-fer-the-facility. Easements and access shall also be provided. submitted with each separate development within the PUD arca. The CCSD#1 has a maintcnancc for residential detention facilities. program to allow maintcnancc of commercial sites. If CCSD111 agrees-te-enter4nte a maintenance program to maintain the commercial sites, additional charges may be levied for the use of high maintcnancc water quality control structures. This agreement shall be recorded with, and referenced upon the final subdivision plat. The maintcnancc of the detention facilities, vegetated swalcs, and water quality facilities will have to be clearly identified. xvii. The applicant is required to submit a maintcnancc plan for maintenance of the green streets and to provide for maintcnancc of the green streets in the Homeowners Association documents. The applicant shall provide the Homeowners Association By Laws and CC&Rs to the WES for rcvicw and approval prior to final plat approval and recording of the documents. xviii. The developer is required to show how the development will control xix. A method of collecting offsite drainage from the cast shall be submitted for rcvicw and approval by the CCSDIII/WES. t complete civil engineered plans, including an erosion control plan, to be reviewed for compliance with both sanitary and - ; - . -- be submitted to the technical services coordinator. xxi. The applicant shall obtain an erosion c. commencement of on site construction activities and shall submit a plan to • • 6 m. The development is subject to the provisions of ZDO Section 1006 and the rules specifications of Clackamas County Service District No. 1 for both sanitary and 40mi-systems, (SDC). Fccs arc reviewed annually, the most current fcc rate applies. These fees two thousand two hundred dollars ($2,200.00) each. These fees shall be paid for four hundred dollars ($400.00). Plan review fees arc plan review. n. limits of the property in order to allow for continuity in the conveyance systems. vi.The applicant shall submit plans of and apply for a public sanitary sewer extension with the CCSDItl/WES. A sanit This line will have to be completed, tested, inspected and accepted-by-the-C—C-SDIt-1 : : • : • " ^ "" vii. Easements shall be provided where necessary as determined by with the depth of the pipe. viii. The applicant shall submit complete civil engineered plans, including an be submitted to the Technical Services Coordinator. will review the status of the completion of the project and fees will be assessed at The applicant shall provide for a village center and public plaza within the OC 7 i. Final design and approval of the village center and public plaza shall be subject conjunction with one or more of the construction phases. The village center and public plaza shall be constructed as comparable improved public access open space to-that illustrated within the original master plan, within the project at one or more ii. Within the OC zoned land, one project construction sign/fence of up to ten thousand (10,000) square feet to identify the commercial center is approved until sixty (60) percent occupancy of the retail portion of the OC zoned land is achieved. • 8 41P 10 41 10 al• -:" 4 , -4 y -4 -4 -4 4:,,X,47-rutt4.04;474 417. • -1. 7aF 1 L. - 71 , ist n i , i 1 , 1 1414 , 1.` 1 ..'77" 41' i• 4 j: . 1}1 11. • 'ite ,60.44!"; trrn it t 03 AA, datcd May 29, 2003, as modified within this chapter. This includes the phasing of development and infrastructure established in that decision. Phasing iii.Gcncrally, the phasing plan specifies which improvements or master plan of Phase B development of Eagle Landing Phase I. Phase A of Eagle Landing Phase olf course, up to three hundred thirty five thousand (335,000) square feet and twenty (20) percent of retail in the OC area, eighty nine $ in the MR 2. (A) Conditions that shall be met prior to occupancy of Phase A of Eagle Landing Phase I development: I 205 Frontage road and Monterey Ovcrcrossing, I n Road between I 205 and SE 122nd arc completed and open to the public. (B) Conditions that shall be met prior to oc banding-Phase I development: SE William Otty road connects to SE Valley View Terrace through the property to the cast of the subject site (Kensington Heights PUD) and SE Causey Road connects to the western property line in the OSM or a financial guarantee is provided consistent with 1104 of the ZDO. standards for residential, commercial, and multifamily collector strccts as appropriate to the particular frontage. frontage of SE Stevens Road prior to occupancy of any part of the Phase A of Eagle banding--Phase I development. These improvements shall consist of: standards. The applicant is responsible for repairing and or replacing damaged sections of the existing street. percent, and pavement widening to the new curblinc. The new curblinc shall C C 14, 2003, submitted by W&H Pacific and received by the County Engineering Division on October 22, 20 ht of way line shall be established a minimum of six inches to the cast of the back edge of the new way,Pavement shall include a six foot wide bike lane pursuant to the Clackamas County roadways standards for collector strccts. In addition, a ten a -- drainage, casement shall be required along the cast side of the SE Stevens Road right of way. ••. 10 sidewalk shall be required. Office Commercial area. The five foot wide sidcw (C) Drainage facilities in conformance with CCSDfil/WES Surface Water the engineered plans (E) If the sidewalk does not connect to the sidewalk on adjacent property, the construction of a temporary asphalt ramp, adjacent to the end of the sidewalk, be required. Thc ramp shall meet ADA guidelines and shall be a minimum of two inches in thickness. (F) Appropriate pavement tapers shall be provided. More specifically, the taper shall be 10:1 for the transition from a narrower to a wider section of roadway and in accordance with Roadway Standards Section 240.7 for the transition from a wider to a narrower section of roadway. vi.Thc applicant shall design and construct improvements for SE Monterey Avenue, standards approved in the Master Plan. The improvements shall be constructed within a seventy four (74) foot right of way and shall include: (A) A full street improvement through the site as approved by the Master Plan approval, File Z0227 03 AA, dated May 29, 2003. (B) The improvcmcnts for SE Monterey Avcnuc from the intersection at SE constructed within a seventy four (74) foot wide right of way and shall include one thirteen (13) foot wide center turn lane/median, two twelve (12) foot wide travel lanes, two six foot wide bike lanes, two seven and one half specially designed mountable curb shall be constructed on either side of the occupancy of Phase A of the Eagle Landing Phase I development. (C) The improvements to SE Causcy Avenue and SE William Otty Road west and cast of the roundabout shall be constructed within a seventy-four-(74) 1 1 eourse clubhouse • . " C " of Phase B of the Eagle Landing Phase-I-develepment- and-pfier-te-the start of golf course operations. construction of a temporary asphalt ramp, adjacent to the end of the sidewalk, previding-a transition from the new sidewalk to the edg two inches in thickness. apers shall be provided. More-specifically, the transition. vii. The applicant shall enter into an agreement with the County to maintain over jurisdiction and maintenance of the "green street" elements. viii. The access to the Office Commercial (OC) area, Lots-1-threugh-7-,-will median breaks as built and illustrated on the "blue set" of construction plans dated August 11, 2003 submitted by W&H Pacific and received by the County Engineering-Division on October 22, 2003. If the applicant chooses to modify the landscaped median to allow full access to these driveways, the applicant shall e adequate-sight distance (horizontal and vertical) prior to final plat approval. plat. Because development plans with respect to the OC lots are anticipated to be construction of the entrances and interior circulation roadways, as well as the final - . - 12 Z.:" ' :" • : " : • yet been subject to design review. xi.At the time of Design Review for Lots 1 and 2 in the OC area the applicant shall - (A) Option No. 1. The existing entrance point onto SE Stevens Road located Section will monitor the access and may close or limit access from the lifflitationer (B) Option No. 2. The access point to SE Stevens Road shall be closed in conjunction with the design review application for Lots 1 and 2 in the OC arca. At that time, the County will vacate the right of way purchased free applicant and convey it back to the applicant. Under this option, the applicant C": : " :•: ": ::"" Properties development for access to S.E. Monterey Ave. xii. All multi use pathways constructed in the OC, MR 2 (Lot #82), HDR (Lot 1181) and Open Space Tracts B, C, E, F, H, I, J, and Q are required-to-be-twelve (12) feet in width. Pathways in Open Space Tracts D and N arc required to be ten (10) feet in width and meet ADA requirements. xiii. A pedestrian cenneetiori4hrough Tract N to SE Sweet Gum Way to the be designed and constructed or financially guaranteed prior occupancy of Phase A of the Eagle Landing Phase 1 development. xiv. All pedestrian and bicycle circulation within the MR 2 area shall comply with the conditions of the Master Plan approval. All pathways shall be twelve (12) feet wide. xv. A pedestrian connection from Tract J through the northwest corner of Plan approval. The connection shall be designed and constructed or financially guaranteed prior occupancy of Phase A of the Eagle Landing Phase 1 development. xvi. Design and construction of the future public parking lots in Tracts C and G shall comply with the Clackamas County Zoning And Development Ordinance and the Clackamas County roadway standards. Construction of the parking lots requires an SC&E permit. To obtain the permit, the applicant shall submit plans issuance of construction permits. xvii. The MR 2 arca, Lot 1182 will require more than one access point. To provide a second access, the center median will need to be modified. If the cent r 13 and access, the applicant shall submit plans showing the modification for review and approval by the County traffic engineering section prior to issuance of an SC&E permit for that work. Nviii,----The-applicant shall participate in proportionate share in the design and C • : . • : • C Z • • existing fire signal, widening of SE Causcy Avenue near Bob Schumacher Road to signs/devices in front of the fire station. This condition shall be satisfied or financially guaranteed prior to occupancy of Phase B of the Eagle Landing Phase 1 development, unless signal warrants require an earlier construction. applicant shall participate in the development and construction of an ITS System as provided in Condition 5.7 of County File Numbers Z0531 98 CP and Z0532 98 Z. The total contribution for development of the ITS System shall be fifty thousand dollars ($50,000.00). (A) The scope of ITS improvements shall be reviewed and approved by the County Traffic Engineer and shall be designed as part of Phase B of the Eagle Landing Phase 1 development. (B) Construction of the ITS cicmcnts shall be paid or bonded as part of the the applicant shall implement the ITS cicmcnts (and upgrade the design as necessary) or deliver the fifty thousand dollar ($50,000.00) contribution to the County. xx. Notwithstanding the requirements of subsections (i) through (xix) above, the building setback for Stevens Road on the property's western frontage and for the building faces the street. If the side or rear of the building faces the street, then there must be at 1 ast a ten (10) foot vegetated buffer between the right of way and the structure. For purposes of this section, any building elevation that has a prominent-entrance to a lobby will be considered a building elevation that faces the street. • and part of the proposed golf course use: i. The applicant/golf course operator shall secure access to the underpass with gates when not in use; e.g. when the golf course is closed. ii. Adequate lighting shall be installed inside the undcrcrossing. Lighting should be eenditien, iii.A course or cobble type surface should be installed and any retaining walls • • Z • " • an uneven top edge to discourage skateboarder use. iv.No trespassing signs shall be posted. undcrcrossing are in clear view of others on the course. 14 1 (Clackamas County Casc No. Z0865 03 C). a. To show that parking is adequate for the clubhouse, the applicant shall monitor Director a report listing when the demand for parking exceeded the supply of spaces. For maintains in force an agreement for the shared use of at least thirty five-(35)-par-king another usc, and shall submit to the Community Development Director copies-of a-sharod parking agreement. b. Standards and conditions associated with the development of Eagle Landing . . I ; " 1. Any change in design, including lot layout and access to lots, must be approved-by-the - - - •r or designee prior to final plat approval and may require 2. The applicant may reduce the number of lots and/or the number of dwelling units on the additional lots, subject to applicable fees, procedures and standards for such an application, nc hundred and seventy four (171) units, provided such an increase complies with subsection (a) and (b) or (c) below: for the PUD and for design review. c. Put another way, the proposed dwellings should occupy substantially the same the extent the rcvicw authority finds the proposed layout equally or better complies with 15 all applicable standards and equally or better protects the resource values of the natural . " . al of this subdivision shall be financially guaranteed or prior to final plat approval. 6. All water system improvements required to serve the proposed development shall be D - " " Z • - . Planning Division prior to final plat approval. process and subject to the design standards found at subsection 301. ; " : " : ; • 1013 of the ZDO. 8:----The-mttitifamily residential development shall be subject to the standards of subsections Section 1013 supersede these-subseetions, ect to the rules and regulations and standards and sewer and storm sewer systems as well as Section 1008 of the Clackamas County-Zoning-And Development 0 ; • . . . " ; " ; ; 10. The cost of the storm sewer and sanita subject property to allow for continuity in the convcyanc how the adjacent properties will be able to connect to the storm and sanitary main lines. Pipe size and calculations shall be submitted to verify the storm lines have adequate capacity. 12. Any collection sewer charge shall be paid prior to final acceptance of the sanitary-sewer system. Washington method, (SBUH Hydrograph Software version 4.21B o requirement is to reduce the twenty five (25) year I - .. developed rate and the two year developed discharge to the pre developed rate (the applicant current on Jan. 31, 2000). 4-4The-applicant's engineer shall provide supporting data conveyance system has adequate capacity to accommodate the additional flows and not cause flooding, 15. The applicant shall submit two copies of complete civil and erosion control-plans-te-he reviewed for both sanitary and stormwater regulations by the County Water Environment Serviees-Department, 16 24. This subdivision development is subject to the requirements of the National Pollutant 17. This subdivision development is required to enter into a stormwatcr facilities County Service District Number 1 Rules and Regulations and Storm Water Facilities Maintenance Agreement under fcc number , Clackamas County deed records." (or T— licant's architect and or engineer are encouraged te-eollaborate with CCSD#1 on storm design and to maximize the use of swalcs and/or infiltration and retention facilities-fer : - • - • - . • • : - : - detention requirement if proven adequate. 19. Water quality requirements shall be met with pollution control manholes and trapped catch basins at a minimum. " : . . : • : " quality during construction. 21. A twenty five (25) foot wide buffer shall be maintained from the boundary of all for this permit shall be submitted to the County Water Environment Services Dcpartment. stormwatcr facilities plans appreval-frem-CC-8D4-17 26. The private streets shall provide for and maintain fire department access, grades, turnarounds and turnouts as pursuant to Clackamas Fire District #1 standards and ight (28) feet or less shall have parking restricted to one sifle-enly,Where-parking is prohibited, curbs shall be marked or signed according to Clackamas Firc District #1 standards. - - - Firc District #1 shall be met and the location of the 17 this roadway will be a collector roadway with a dcsi with necessary amenities pursuant to the CRCA Plan. satisfied. 3-0A-grading-permit is required from the City of Happy Valley for all site grading work outside of the private road system. All grading, filling and excavating on this private property in conjunction with any development associated with this subdivision shall be in accordance with the Clackamas County Excavation And Grading Codc. No cutting or filling may occur area-shall-be-constructed or a guarantee shall be posted in accordance with Section 1101 of the Clackamas County Zoning And Development Ordinance. 32. A building permit shall be obtained from the City of Happy Valley for the recreation facilities within the open space area. 33. Prior to final plat approval, the applicant shall obtain Oregon Division of State Lands review and approval of a fill removal permit and mitigation plan (if required) regarding the streams and wetlands prior to any land disturbance on the subject property associated with this subdivision application. section, curb and a five foot wide unobstructed sidewalk. an three lane collector. The applicant shall dedicate fifteen (15) feet of additional right of way along the site frontage of SE Stevens Road. - - .aved width shall bc fifty (50) feet tapering to a minimum urb and unobstructed five foot width sidewalk shall be constructed adway along the property frontage. which tapers to a thirty five (35) foot wide section as shown on the plans dated January 25, Causcy Road. reface of curb of SE Causcy Avenue. 18 oordinatc with the Clackamas County Traffic Engineering And Dcyclopment Scction related to the Causcy Avcnuc alignment. It appears that the SE Causcy Road extension constructed by the County from I 205 to Stevens Road has a slight offset in of SE Causcy Avcnuc west of Stevens Road. 42. The applicant shall provide a common access and utility casement in the form of a tract a minimum of thirty five (35) feet in width for all of the private streets within the subdivision exclusive of the drives in the lot proposed for multifamily development. In addition the applicant shall provide a five foot wide casement outside of the tract for utilities, slope, sidewalk-and-signing-.- 13. The private drives within the subdivision shall be designed and constructed to the fellewing-standar-dsi a. Construct sidewalks having a minimum of five feet of unobstructed width on both sides of the streets. The width of the sidewalks is in addition to the thickness of the 13,----The-eenstfucted width of the private drives shall be a minimum of twenty four (24) feet (face of curb to face of curb). The streets shall be curbed with standard curb, they shall have the same structural standard as County local access roads, and they sh ll have corner radii that meet requirements for fire access. 41. Surface water management and detention is a requirement in accordance with Clackamas County Zoning And Development Ordinance Section 1008 and Water Environment Services. /15. The minimum width of the a ........the street • improvements, sidewalk, street lighting, utilities, and street signing shall be thirty five (35) feet,In addition there shall be a five foot wide utility casement outside of the tract to • ••- •- :" and utility ascment. a street construction and/or encroachment permit for the design and construction of the County Engineering Division. To obtain the permit the applicant shall provide a performance guarantee equal to one hundred and twenty five (125) percent of the estimated cost of all of the estimated cost of the required improvements. shall obtain a utility placement permit from the County Engineering Division. of the street construction and/or encroachment permit. these streetlights. The developer shall also submit an application by letter to the County 19 all construction changes, added and deleted items, uilt files on a floppy disk or in DXF format to be translated into annexation into the street light district (contact El Dannen, 503 353 4660). 50. The street construction, storm sewer and utilities work must be designed and built to be C " • : C " • ' . : . may. 51. The developer is responsible for all applications, fees and coordination of Federal and State regulatory offices with regards to fills and excavations in stream riparian zones and wetlands associated to the Clean Water Act and the Urban Stormwater National Pollutant Discharge Elimination System. : : • 55. The applicant shall submit, at time of initial paving and before occupancy, reproducible AuteGAD-fermat, 56. The applicant shall contribute to the development and implementation of an Intelligent Transportation System Advance Traffic Management System program to help maintain adequacy of the roadway network in this area as follows: a. The applicant shall provide five thousand dollars ($5,000.00) for their share of the cost of developing an ITS/ATMS program including the study area. along-project roadways, as necessary pursuant to the Clackamas County ITS plan that will-be-developed,The-communications shall be placed as part of construction of . : 57. A road maintenance agreement for the shared private street system implementing ORS Sections 105.170 through 105.185 shall be recorded with and referenced upon this subdivision ftlat 58. Underground utilities are a requirement of this subdivision. ted homes association or an alternative acceptable to the for or designee shall be required for maintaining the proposed open space ar as in accordance with the requirements of subsection 1013.06(A)(9) of the : C he documents shall contain language requiring approval of any issolution of the association without City approval, 60. The open space area to be maintained in a natural state shall be marked on the land • • 20 • by separate cover. the design review decision and permitted by law. 16,367040-Review-meesses: A. As pursuant to Section 16.63.080, final plan submission requirements and approval criteria. 1. Major Changes. Major changes of the approved development plan shall be considered . . " : : " " : " • : - a . " : " " . • such changes: a. Do not increase residential or employment densities; b. Do not change boundaries; c. Do not change any use; - a - " - .. - ctc. For quantifiable changes, a general threshold of ten (10) percent shall be used in determining if a proposed change is minor in nature. For exa ! - required yard, ten (10) percent of lot size, etc. 21 will-remain-in-effect as approved by the County, and will be implemented by the City: S . December 23, 1998; • • • 5.5 I 5 '5 I ! II 3. Decision on Master Plan Review, File No. Z0227 03 AA (Eagle Landing), dated-May-29 7 2003; - : - 4 n olf Clubhouse, Case No. ZO840 03 SL, dated February 25, 2001; !IA i! A A .; 6. Final Order on Remand Approving Mt. Scott Village (now known as Eagle Landing ; • - .I 22 NOTICE OF PUBLIC HEARING City of Happy Valley Planning Commission and City Council Notice is hereby given that the City of Happy Valley Planning Commission and City Council will hold public hearings on the following dates in regard to proposed Comprehensive Plan/Zoning Map and Land Development Code Text Amendments: Date & Time: Planning Commission, November 13, 2012, 7:00 p.m. City Council, December 4, 2012, 7:00 p.m. Hearing Location: City Hall, 16000 SE Misty Dr., Happy Valley, OR 97086; File & Subject: CPA-06-12/LDC-06-12 (Eagle Landing Area Legislative Amendments). Proposal: Comprehensive Plan/Zoning Map amendments from existing County designations/zones to applicable City designations/zones for lands already located in the city limits and removal of Chapter 16.36 (Eagle Landing Sub-Area Plan) from the City's Land Development Code. Location: Approximately 36 acres located within the greater "Eagle Landing Area". Applicant: City of Happy Valley Applicable Criteria: Applicable Statewide Planning Goals; applicable Oregon Administrative Rule (OAR) sections; and, applicable Sections of Title 16 (Development Code) of the City of Happy Valley Municipal Code. Staff Contact: Michael D. Walter, Economic & Community Development Director 503-783-3800 Interested parties are invited to attend this hearing or to submit comments in writing prior to the meeting time. Written testimony may be submitted in advance or in person at the hearing. Those wishing to present verbal testimony, either pro, con, or to raise questions, will be asked to speak after presentation of the reports. Testimony should pertain to the applicable criteria. The decision will be made in accordance with said criteria, and may be appealed to the Land Use Board of Appeals. Failure to raise an issue in writing prior to or before the close of the written comment period or failure to provide sufficient specificity at the public hearing to afford the decision-making body an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based upon that issue. The applicant and any person who submits written comments shall receive notice of the decision. The failure of the applicant to raise constitutional or other issues relating to proposed amendments without sufficient specificity to allow the decision-making body to respond to the issue precludes an action for damages in circuit court. The decision-making criteria, application, and records concerning this matter are available at the City of Happy Valley City Hall at the above address during working hours (8:00 a.m. to 5:00 p.m. weekdays), please call for an appointment. For additional information, contact Michael D. Walter, Economic & Community Development Director, at the above address and phone number. The meeting site is accessible to handicapped individuals. Assistance with communications (visual, hearing) must be requested 72 hours in advance by contacting Marylee Walden, City Recorder at the above phone number. EXHIBIT D NOTICE OF PUBLIC HEARING CITY OF HAPPY VALLEY PLANNING COMMISSION AND CITY COUNCIL THIS IS TO NOTIFY YOU THAT THE CITY OF HAPPY VALLEY SEEKS TO IMPLEMENT A PLAN AND/OR LAND USE REGULATION THAT MAY AFFECT THE PERMISSIBLE USES OF YOUR PROPERTY. This notice is provided in order to comply with Ballot Measure 56 - approved by Oregon voters on November 3, 1998. Ballot Measure 56 requires the City to print the following sentence: "The City has determined that adoption of this ordinance may affect the permissible uses of your property, and other properties in the affected zone, and may change the value of your property." Notice is hereby given that the HAPPY VALLEY PLANNING COMMISSION will hold a PUBLIC HEARING on TUESDAY, NOVEMBER 13, 2012 and the HAPPY VALLEY CITY COUNCIL will hold a subsequent PUBLIC HEARING on TUESDAY, DECEMBER 4, 2012 both hearings to commence at 7:00 p.m. The hearings will be held at the Happy Valley City Hall 16000 SE Misty Drive, Happy Valley, OR, 97086 The purpose of these hearings is to consider public testimony on: AMENDMENTS TO THE CITY'S COMPREHENSIVE PLAN MAP/ZONING MAP AND DEVELOPMENT CODE FOR PROPERTIES BEING AMENDED FROM COUNTY ZONING TO APPLICABLE CITY ZONING THAT ARE LOCATED IN THE CITY LIMITS IN THE GREATER "EAGLE LANDING" AREA. AMENDMENTS INCLUDE CHANGES FROM COUNTY OPEN SPACE MANAGEMENT (OSM) TO CITY INSTITUTIONAL & PUBLIC USE (IPU); COUNTY URBAN LOW DENSITY RESIDENTIAL (R-7) TO CITY LOW DENSITY RESIDENTIAL — 7,000 SQ. FT. (R-7); COUNTY URBAN LOW DENSITY (R-2.5)/MEDIUM HIGH DENSITY (MR-2) TO CITY MIXED-USE RESIDENTIAL-MULTIFAMILY (MUR-M2); COUNTY HIGH DENSITY RESIDENTIAL (HDR) TO CITY MIXED-USE RESIDENTIAL-MULTIFAMILY (MUR-M3); AND, COUNTY MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT (MR-2) TO CITY MIXED-USE RESIDENTIAL-MULTIFAMILY (MUR-M2) IN ADDITION, REMOVAL OF CHAPTER 1636 (EAGLELANDING SUB-AREA PLAN) FROM THE CITY'S DEVELOPMENT CODE On November 13, 2012 and December 4, 2012, the City of Happy Valley will hold public hearings regarding proposed amendments to the City's Comprehensive Plan/Zoning Map and Development Code (Local File No. CPA-06-12/LDC-06-12). Please see the attached material. The proposed changes represent a conversion from County zoning to applicable City zoning — the layout, land use approvals, buildings, etc. associated with past Eagle Landing area approvals do not change. The file is available for inspection at the City of Happy Valley City Hall located at 16000 SE Misty Drive, Happy Valley, OR 97086. A copy of the entire file may be obtained electronically (by e-mail); for the cost of electronic transfer to a writable CD; or, copying costs for paper copies. All written comments must be received by Friday, October 26, 2012 at the above address. For additional information concerning the file, please contact Michael D. Walter, AICP at 503-783-3839, or write to michaelw@ci.happy-valley.or.us . The Planning Commission holds a first evidentiary public hearing in regard to the proposed map amendments, followed by a recommendation to the City Council. The City Council is the final local review authority and will consider the map amendments and an Ordinance at the subsequent public hearing. Applicable criteria for this review are generally set forth in: • Happy Valley Comprehensive Plan Policies; • Happy Valley Development Code • Metro Urban Growth Management Functional Plan; and, • Oregon Statewide Planning Goals and Statutes. Assistive Listening Devices (ALD) are available for persons with impaired hearing and can be scheduled for this meeting if requested at least 72 hours prior to the meeting. To obtain such services, please contact Marvlee Walden. City Recorder. at 503.783.3800 EXHIBIT E 49(0 "IV n••n••• PITNEY BOWES 4-0"s? )67,tet, 4??614a 02 1P $ 001.05° 0000017232 DEC 26 2012 MAILED FROM ZIP CODE 97086 DEPT OF LAND CONSERVATION AND DEVELOPMENT kriiy ç'/m" AnarrilAkArr Sfa-1/41r 21-(>0 (92 rpt_ cer_ .sturig- tsv /IA 9p-3 Z5/0