HEARING NOTICE LAND USE REQUEST AFFECTING THIS AREA

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1 HEARING NOTICE LAND USE REQUEST AFFECTING THIS AREA Audiencia Pública Si necesita ayuda para comprender esta informacion, por favor llame CASE NUMBER: AMANDA APPLICATION NO: HEARING INFORMATION: Validation of Units of Land Case No. VUL LD Hearings Officer, Wednesday, February 13, 2019, 5:30 PM, Council Chambers, Room 240, Civic Center PROPERTY LOCATION: 197 Rainier Dr SE, Salem, OR OWNER(S): Don James for City Gleanns, LLC (James W. Fowler) APPLICANT / AGENT(S): DESCRIPTION OF REQUEST: Mark B. Ferris for Project Delivery Group, LLC (Barbara and Keith Whisenhunt) Summary: A proposal to validate one land area that was created through a sale by deed in Request: The request is to establish lawfully a land area created in 1985 consisting of tax lots 1201 and 1400 together, which by deed relocated a property line and consolidated the land areas. The sale effectively divided the parent parcel and consolidated several units of land, without a land use approval. The applicant is requesting to validate property known as Marion County Tax Assessor s number 083W16DB /1201 together with 083W16DB /1400; also known as 197 Rainier Drive SE. The land area is approximately 7.7 acres in size, zoned RA (Residential Agriculture), and located at the 197 Rainier Drive SE (Marion County Assessor Map and Tax Lot Numbers: 083W16DB /1201 together with 083W16DB /1400). CRITERIA TO BE CONSIDERED: HOW TO PROVIDE TESTIMONY: HEARING PROCEDURE: Pursuant to SRC (d), the validation of a unit of land shall be approved if the following criteria are met: (1) The unit of land is not a lawfully established unit of land; (2) The unit of land was created through sale by deed or land sales contract executed and recorded before January 1, 2007; (3) The unit of land could have complied with applicable criteria for the creation of the unit of land in effect when the unit of land was sold; and (4) The plat complies with SRC and ORS 92. Any person wishing to speak either for or against the proposed request may do so in person or by representative at the Public Hearing. Written comments may also be submitted at the Public Hearing. Include case number with the written comments. Prior to the Public Hearing, written comments may be filed with the Salem Planning Division, Community Development Department, 555 Liberty Street SE, Room 305, Salem, Oregon Only those participating at the hearing, in person or by submission of written testimony, have the right to appeal the decision. The hearing will be conducted with the staff presentation first, followed by the applicant s case, neighborhood organization comments, testimony of persons in favor or opposition, and rebuttal by the applicant, if necessary. The applicant has the burden of proof to show that the approval criteria can be satisfied by the facts. Opponents may rebut the applicant s testimony by showing alternative facts or by showing that the evidence submitted does not satisfy the approval criteria. Any participant may request an opportunity to present additional evidence or testimony regarding the application. A ruling will then be made to either continue the Public Hearing to another date or leave

2 the record open to receive additional written testimony. Failure to raise an issue in person or by letter prior to the close of the Public Hearing with sufficient specificity to provide the opportunity to respond to the issue, precludes appeal to the Land Use Board of Appeals (LUBA) on this issue. A similar failure to raise constitutional issues relating to proposed conditions of approval precludes an action for damages in circuit court. Following the close of the Public Hearing a decision will be issued and mailed to the applicant, property owner, affected neighborhood association, anyone who participated in the hearing, either in person or in writing, and anyone who requested to receive notice of the decision. CASE MANAGER: NEIGHBORHOOD ORGANIZATION: DOCUMENTATION AND STAFF REPORT: Olivia Glantz, Planner III, City of Salem Planning Division, 555 Liberty Street SE, Room 305, Salem, Oregon Telephone: ; OGlantz@cityofsalem.net. South Gateway Neighborhood Association, Glenn Baly, Land Use Chair; Phone: ; glennbaly12345@gmail.com. Copies of the application, all documents and evidence submitted by the applicant are available for inspection at no cost at the Planning Division office, City Hall, 555 Liberty Street SE, Room 305, during regular business hours. Copies can be obtained at a reasonable cost. The Staff Report will be available seven (7) days prior to the hearing, and will thereafter be posted on the Community Development website: ACCESS: The Americans with Disabilities Act (ADA) accommodations will be provided on request. NOTICE MAILING DATE: January 24, 2019 PLEASE PROMPTLY FORWARD A COPY OF THIS NOTICE TO ANY OTHER OWNER, TENANT OR LESSEE. For more information about Planning in Salem: \\Allcity\amanda\AmandaForms\4430Type3-4HearingNotice.doc It is the City of Salem s policy to assure that no person shall be discriminated against on the grounds of race, religion, color, sex, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity and source of income, as provided by Salem Revised Code Chapter 97. The City of Salem also fully complies with Title VI of the Civil Rights Act of 1964, and related statutes and regulations, in all programs and activities. Disability-related modification or accommodation, including auxiliary aids or services, in order to participate in this meeting or event, are available upon request. Sign language and interpreters for languages other than English are also available upon request. To request such an accommodation or interpretation, contact the Community Development Department at at least three business days before this meeting or event. TTD/TTY telephone is also available 24/7

3 Vicin ity Map 197 Rainier Drive SE ROCK CREEK DR S LIBERTY RD S MINK HOLLOW ST SE ATHENS ST SE HOLDER LN SE CARNELIA ST SE SEEGER LN SE CREEK CROISAN ALESIA CT SE KUEBLER SKYLINE RD DAVIS RD G AVE Inset Map LIBERTY k BLVD MILDRED LN PINTAIL AV SE SUNNYSIDE RD PRINGLE MALLARD ST SE COMMER CROSSLER MIDDLE SCHOOL SCHOOL n HAWK HILL ST SE LANTANA AV SE MIRANDA AV SE ROLLING HILLS AV SE SEEGER LN SE INTEGRA AV SE Subject Property WIGEON ST SE REES HILL RD EIDER AV SE DAVIS RD S CINNAMON TEAL ST SE GADWALL AV SE RAINIER DR SE SUMMIT VIEW AV SE DUNIWAY CT SE MOUNTAIN VISTA AV SE BOX CANYON ST SE HORIZON VIEW ST SE MILDRED LN SE Bryan Johnston Park Legend Taxlots Outside Salem City Limits Parks Urban Growth Boundary Historic District Community Development Dept. This product is provided as is, without warranty. In no City Limits Schools event is the City of Salem liable for damages from the n Ê use of this product. This product is subject to license and copyright limitations and further distribution or Feet resale is prohibited. \\FILESHARE2\CityGIS\CD\Proj\CP\Vicinity_Maps\2017_ARCHIVE\VicinityMapTemplate2017_maj-st-labels2anno.mxd - 9:58:03 AM

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