SUBJECT: City of Fairview Plan Amendment DLCD File Number 003-13 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: Friday, August 09, 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: Lindsay Nesbitt, City of Fairview Gordon Howard, DLCD Urban Planning Specialist Jennifer Donnelly, DLCD Regional Representative YA NOTICE OF ADOPTED AMENDMENT 07/26/2013 TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments FROM: Plan Amendment Program Specialist ~ !2 DLCD 0 D Jn person 0 electronic 0 mailed A ~ DEPTOF Notice of Adoption s T A M p JUL 2 2 2013 This Form 2 must be mailed to DLCD within 20-Working Davs after the Final Ordinance is signed by the public Official Designated by the jurisdiction and all other requirements ofORS 197.615 and OAR 660-0 18-000 For Office Usc Only Jurisdiction: City of Fairview Date of Adoption: 7/17/2013 Local file number: 2013-21-ZC Date Mailed: 7/19/2013 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? [gl Yes D No Date: 5/16/2013 D Comprehensive Plan Text Amendment D Comprehensive Plan Map Amendment fZI Land Use Regulation Amendment 0 Zoning Map Amendment D New Land Use Regulation 0 Other: Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". Amend the Fairview Municipal Code to extend the final plat filing deadline for outstanding preliminary plats that were approved in 2007 and 2008 for an additional 6 months. Does the Adoption differ from proposal? No, no explaination is necessary Plan Map Changed from: N/A Zone Map Changed from: N/A Location: Specify Density: Previous: Applicable statewide planning goals: to: to: New: Acres Involved: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~ ~ DDDDDDDDD D D DD DDD D Was an Exception Adopted? 0 YES [gl NO Did DLCD receive a Notice of Proposed Amendment.. . 35-days prior to first evidentiary hearing? If no, do the statewide planning goals apply? If no, did Emergency Circumstances require immediate adoption? DLCD file No.---------- fZ1 Yes DYes D Yes 0 No 0No 0 No Please list all affected State or Federal Agencies, Local Governments or Special Districts: City of Fairview Local Contact: Erika Fitzgerald Address: 1300 NE Village Street City: Fairview Zip: 97024- Phone: (503) 674-6242 Extension: Fax Number: 503-667-7866 E-mail Address: fitzgeralde@ci.fairview .or.us ADOPTION SUBMITTAL REQUIREMENTS This Form 2 must be received by DLCD no later than 20 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 submjtting 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 fmal 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 8Yz -1/2xll 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.amendments@state.or.us. http :Uwww .oregon.gov /LCD /fo rms.shtm I Updated December 6, 2012 ORDINANCE (6-2013) AN EMERGENCY ORDINANCE OF THE FAIRVEW CITY COUNCIL AMENDING THE FAIRVIEW MUNICIPAL CODE SECTION 19.430.130 TO EXTEND TIME FOR CERTAIN FINAL PLAT APPROVALS WHEREAS, a public hearing was held by the Planning Commission on June 25,2013 and by the City Council on July 1 7, 2013, and WHEREAS, public notice was provided in accordance with Fairview Municipal Code 19.413.040 and ORS 227.186, and WHEREAS, amendments were made to 19.430.130(E) in 2010, 2011, and 2012 authorizing additional 1 year extensions for the filing of the final plat, and WHEREAS, amendments are approved to allow a fmal six month extension for the filing of a fmal plat for preliminary plats approved in 2007 and 2008 that have not yet expired, and WHEREAS, this ordinance has been declared an emergency for economic development purposes to allow for an expedited review and approval of a final plat for a neu: residential development, and NOW, THEREFORE THE CITY OF FAIRVIEW ORDAINS AS FOLLOWS; the Fairview Municipal Code is amended as follows: Insert underlined words. Delete words in stfilfetl11'ough Section 1 FMC 19.430.130 C. Preliminary Plat Approval Period. Preliminary plat approval shall be effective for a period of one year from the date of approval. The preliminary plat shall lapse if a final plat has not been subnti:tted filed with the CounQ· within the that one-year period unless extended consistent with subsection E below. D. :t-.lodifi.cations. The applicant may request changes to the approved preliminary plat or conditions of approval following the procedmes and criteria provided in Chapter 19.415 FMC, Amendments to Decisions. E. Extensions. The public works director or his Of fief designee shall, upon written request by the an applicant and payment of the required fee, grant up to two one-year extensions of the apprm·al period not to exceed one year each. For a preliminary plat approved in 2007 or 2008, the city administrator or the aclm±n:istntor's designee may, if requested during the 2013 calendar year. approve a femt-h one year fifth extension for periods up to six months expiring no later than December 31. 2014. ex~ensioH. T his emergency ordinance is effective irnmediatdy from its passage as allowed by Chapter VII Section 33 of the Fairview City Charter. :t\fotion adopted by the City Council of the City of Fairview this 17'h day of July, 2013. ATTEST A. Review of Preliminary Plat. Review of a preliminary pla t for a subdivision or partition with 10 or fewer lo ts shall be processed by means of a Type II procedure, as governed by FMC 19.413.020. Preliminary plats with greater than 10 lo ts shall be processed with a Type Ill procedure under f' IC 19.41 3.030. L\ll preliminary plats shall be reviewed using approval criteria contained in Ft\ IC 19.430.140. 1\n application for subdivision may be reviewed concurrently with an applica tion for a master planned development under Chapter 19.450 FMC. B. Review of Final Plat. Review of a final pbt for a subdivision or partition shall be processed by means of a · r ypc I procedure under Chapter 19.413 FMC, using the approval criteria in FMC 19.430.160. C. Prelirninary Plat Approval Period. Preliminary plat approval shall be effective for a period o f one (1) year from the date of approval. The preliminary plat shall lapse .111d ht Ulli!_if a fmal plat has not been sllbrrurted filed with tht M-ttttt-ttttt¥.tft County within tl1,!!_e one-year period unlc:-.s e tt!Hit d umststLnt \\lth t::::::t:Hfllllllnl-ffi suh~L·ction I . bLlm\ . D . Modifications. The applicant may request changes to the approved preliminary plat or conditions o f approval following the procedures and criteria prmrided in Chapter 19.415 Fl\fC, Amendments to Decisions. E. Extensions. The public works director or ~--rt, * designee shall, upon written request by ntlte applicant and payment o f the required fee, grant up to two one-year extensions of the approval period not to exceed one year each. For a prelirninary plat approved in 2007 or 2008, the city administrator or tl•t' .rtlmmJ'iff ".,., -. designee rna y duru....:.,.J.lli 2() I ) t. knd 1 r t 11 approve >1 fourth one year fl!~l ex tensions for .rperiod~ 1 up 11 illlL.., t r t .pl~~ng not Ia tert h.lll DL CL nbt I ~~ I 1 l'llJUL tul b 111 ·I plic.uH du 11 "~II) )of(, mont It' t tenston. All extensions arc subject to the following: 1. Any changes to the preliminary plat fo llow the procedures in Chapter 19.415 FMC; 2. T he applicant has submitted written intent to file a fina l plat witlun the ttt~ extension period; 3 . • \n extension o f time will nor prevent the lawful development of abutting properties; 4. T here have been no changes to the applicable code provisions on which the approval was based. 1 f such changes have occurred, a new preliminary plat application shall be required; and 5. The extension request is made before expira tion of the original approved plan. 6. ll1e fee~ shall be paid for each extension request 1 !l.!.Luu•t or the rl'quest . F. Phased De\'elopmenr. !00308737; I } 1. The city may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period (i.e., for required public improvements, utilities, streets) for any partition or subdivision phase be greater than two years without reapplying for a preliminary plat; 2. T he criteria for approving a phased land di,,ision proposal arc: {00308737: I ) a. Public facilities shall be construc ted in conjunction with or prior to each phase; b. The de,·elopmcn t and occupancy o f any phase dependent on the usc of temporary public facilities shall rcguire city council approval. Tem porary facilities shall be appro,·ed o nly upon city receipt of bonding or other assurances to co,·er the cost of rcguired permanent public improvements, in accordance with FMC 19.430.180. ,-\ tempo rary public fa cility is any facility no t constructed to the applicable city or district standard; c. The phased development shall no t result in relJlliring the city or a third parry (e.g., owners o f lo ts) to construct public facilities that were reguircd as part of th e approved de,•elopmen t proposal; and d. The applica tion for phased development appro,•al shall be reviewed concurrently with the preliminary plat application and the decision ma y be appealed in the same ma nner as the preliminary pla t. 1300 NE VILLAGE ST. P.O. BOX337 FAIRVIEW, OR 97024 ·~ ... ,. 4-~'CS POs~- . ...:t~ 9~': ;:...~.::=J- • z _.. __ _ :;) -PITNEY BO,.ES 02 1 p $ 000.46° DEPT 00032045~1 JUL 192013 MAILED FROM liP CODE. 9 7024 ltll ? :.) 3 Attn: Plan Amendment Speci ci\~t ~'?N~Ef.iVATIOfl: DLCD :VElOPMENT 635 Capitol Street NE, Ste 150 Sa lem, OR 97301-2540 '3730i2540'39 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,