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DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL' Friday, March 06, PDF

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Oregon Department of Land Conservation and Development 635 Capitol Street, Suite 150 Salem, OR (503) Fax (503) 37S-551S NOTICE OF ADOPTED AMENDMENT 02/24/2009 TO:
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Oregon Department of Land Conservation and Development 635 Capitol Street, Suite 150 Salem, OR (503) Fax (503) 37S-551S NOTICE OF ADOPTED AMENDMENT 02/24/2009 TO: FROM SUBJECT. Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments Mara Ulloa, Plan Amendment Program Specialist Klamath County Plan Amendment DLCD File Number 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, March 06, 2009 This amendment was submitted to DLCD for review prior to adoption. Pursuant to ORS (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 , if you have questions about appeal procedures. *NOTE: THE APPEAL DEADLINE IS BASED UPON THE DATE THE DECISION WAS MAILED BY LOCAL GOVERNMENT. A DECISION MAY HAVE BEEN MAILED TO YOU ON A DIFFERENT DATE THAT IT WAS MAILED TO DLCD. AS A RESULT, YOUR APPEAL DEADLINE MAY BE EARLIER THAN THE ABOVE DATE SPECIFIED. Cc. Leslie Wilson, Klamath County Doug White, DLCD Community Services Specialist Jon Jinings, DLCD Regional Representative paa YA 2 In person Q electronic mailed DEPT OF DLCD Notice of Adoption FEB S LAND CONSERVATION AND DEVELOPMENT T (. A. M THIS FORM MUST BE MAILED TO DLCD WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION PER ORS , OAR CHAPTER DIVISION 18 Foi DLCD Use Oaly Jurisdiction: Klamath County Local file number: CLUP/ZC13-08 Date of Adoption: 12/31/2008 Date Mailed 2/12/2009 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? YesDate: 6/11/2008 Comprehensive Plan Text Amendment Comprehensive Plan Map Amendment ] Land Use Regulation Amendment I E I Zoning Map Amendment New Land Use Regulation Other: Summarize the adopted amendment. Do not use technical terms. Do not write See Attached . Amendment to the Klamath Falls (Kingsley Field) Airport Noise Overlay to permit additional military flights and potential change of aircraft type. Text to be amended for public safety and map to identify the expanded noise area. Restrictions to be included will be acknowledgement of vuilding code and necessary restrictive covenants. Effect from not adopting may cause closure to Guard and Air Force base operations Does the Adoption differ from proposal? No, no explaination is necessary Plan Map Changed from Acknowledged to: Expanded Zone Map Changed from Acknowledged to. Expanded & GIS Adopted Acres Involved: Location Surrounding KF Airport New: 70+Ldn limited Specify Density: Previous: N/A Applicable statewide planning goals: 1 2 IEI E Was an Exception Adopted? E NO YES Did DLCD receive a Notice of Proposed Amendment days prior to first evidentiary hearing? If no, do the statewide planning goals apply? If no, did Emergency Circumstances require immediate adoption? Lb * O I O 0 C\ e1*y [El Yes Yes Yes No E^No No DLCD file No Please list all affected State or Federal Agencies, Local Governments or Special Districts: Oregon Dept of Aviation, Oregon Air National Guard, US Air Force, FAA, DEQ, ODOT, ODF&W, DSL, City of Klamath Falls, Klamath Falls Airport, Basin Transit, and KC FD#1. Local Contact: Leslie C. Wilson, Planning Director Phone: (541) Address: 305 Main Street Fax Number: City: Klamath Falls Zip: Extension: Address: ADOPTION SUBMITTAL REQUIREMENTS This form must be mailed to DLCD within 5 working days after the final decision per ORS , OAR Chapter Division Send this Form and TWO Complete Copies (documents and maps) of the Adopted Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON Electronic Submittals: At least one hard copy must be sent by mail or in person, but you may also submit an electronic copy, by either or FTP. You may connect to this address to FTP proposals and adoptions: webserver.lcd.state.or.us. To obtain our Username and password for FTP, call Mara Ulloa at extension 238, or by ing 3. Please Note: Adopted materials must be sent to DLCD not later than FIVE (5) working days following the date of the final decision on the amendment. 4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings and supplementary information. 5 The deadline to appeal will not be extended if you submit this notice of adoption within five working days of the final decision. Appeals to LUBA may be filed within TWENTY-ONE (21) days of the date, the Notice of Adoption is sent to DLCD. 6. In addition to sending the Notice of Adoption to DLCD, you must notify persons who participated in the local hearing and requested notice of the final decision. 7. Need More Copies? You can now access these forms online at Please print on 8-1/2x11 green paper only. You may also call the DLCD Office at (503) ; or Fax your request to: (503) ; or your request to - ATTENTION: PLAN AMENDMENT SPECIALIST. BOARD OF COUNTY COMMISSIONERS KLAMATH COUNTY, OREGON IN THE MATTER OF AMENDING ARTICLE (A), KLAMATH COUNTY LAND DEVELOPMENT CODE, KLAMATH FALLS AIRPORT NOISE OVERLAY; AND KLAMATH COUNTY COMPREHENSIVE PLAN MAP AND THE OFFICIAL ZONING MAP ORDINANCE WHEREAS, the Klamath County Board of Commissioners has the authority and desires to amend the Land Development Code (KCLDC), Comprehensive Plan Map (Comp Plan Map), and Official Klamath County Zoning Map (Zone Map); and WHEREAS, the Klamath County Planning Department provided written notice of the public hearing in Measure 56 format consistent with process/format identified in ORS to 2,952 property owners; and WHEREAS, a quasi-judicial public hearing was held on August 26, 2008 and continued to November 25, 2008; and, a Staff Report was provided, and, public testimony was considered before the Klamath County Planning Commission; and WHEREAS, on November 25, 2008, based on testimony entered and in consideration of the whole record, the Klamath County Planning Commission adopted as its own the Findings of Fact provided in the Staff Report and recommended approval of Option B to amend the KCLDC, Comp Plan Map, and Zone Map; and, said recommendation was forwarded to the Klamath County Board of Commissioners, and WHEREAS, the Klamath County Board of Commissioners have held public hearings and have determined that it is in the best interest of Klamath County to amend Article (A), Permitted and Conditionally Permitted Uses, of the KCLDC; and, amend the Comp Plan and Zone Maps by Order of the Klamath County Board of Commissioners. NOW, THEREFORE, THE BOARD OF COMMISSONERS OF KLAMATH COUNTY ORDERS AS FOLLOWS: 1. The amendments to the adopted Klamath County Land Development Code the Comprehensive Plan and Zone Maps which are attached hereto, marked Exhibit A , B , C and incorporated herein by reference are hereby adopted. 2. The Klamath County Comprehensive Plan Map - Klamath Falls Airport Noise Overlay Map is hereby adopted in electronic form; and 3. The Official Klamath County Zoning Map is hereby amended to include the Klamath Falls Airport Noise Overlay Map, in electronic form. ORDINANCE NO Page 1 DATED this?7 \ day of ^^MEi/2008. FOR THE BOARD OF COMMISSIONERS Commissioner GocTnty Counsel Approved as to form NOTICE OF APPEAL RIGHTS This decision may be appealed to the Oregon Land Use Board of Appeals (LUBA) within 21-days following the date of the mailing of this order. Contact LUBA for information as how to file this appeal (LUBA by phone or by mail at 550 Capitol Street NE, Suite 235, Salem Oregon ). Failure to do so in a timely manner may affect your rights. ORDINANCE NO Page 2 Exhibit A PERMITTED AND CONDITIONALLY PERMITTED USES If the boundaries of the airport noise overlying zone overlap any portion of a basic zone designation, then said portion shall be subject to the use limitations described by this article. In no case shall the airport noise overlay permit a more intensive use than that allowed by the basic zone designation. A. Area within the Ldn Contours: 1. Permitted uses include parks, playgrounds, golf courses, riding stables, waterbased recreation areas, cemeteries, industrial, and all agricultural use types in accordance with the basic zone designation. 2. Conditionally permitted uses include single-family and multifamily residential uses, commercial uses, civic uses, offices, lodging, and sports arenas and stadiums in accordance with the basic zone designation. 3. Development provisions shall apply as conditions of approval for any residence or land division in conjunction with a conditional use permit or site plan review. a. Development of residential dwellings and land division shall include a written statement recorded with the deed which recognizes the existence of the Klamath Falls Airport and all present and future operational activities and practices. Said statement shall incorporate a health and safety agreement of no remonstrance/no complaint'; and, the acceptance of present and future noise impact(s). b. Placement of a dwelling through the conditional use permit process may be permitted on a lot or parcel lawfully created regardless of property's size; unless, prohibited by the underlying land use zone. B. Area within the 70 and Greater Ldn Contour: 1. Permitted uses include golf courses, riding stables, water-bases recreation areas, cemeteries, industrial, and all agricultural uses in accordance with the basic zone designation. 2. Conditionally permitted uses include civic and commercial uses, offices, and lodging uses in accordance with the basic zone designation. 3. Prohibited uses include permanent residential, community education, religious assembly, cultural exhibits and library services, and any health care related use. ORD Exhibit A A311VA klllho \J5S AVMHOIH UI Blft -S BJ IfE l UJBW X)MBARD NVOO I ONWdS ONIidd: IVXT' mcgcse [A8HSWV- A339NI1 5T Sfi? = Z.3 0 =r BMOO FBf g 33 3 CO CD O) nj 3 o
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