MINUTES SALEM HEARINGS OFFICER MEETING December 20, 2017

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1 MINUTES SALEM HEARINGS OFFICER MEETING December 20, 2017 Hearings Officer Jim Brewer Staff Present Pamela Cole, Planner II Bryce Bishop, Planner II Sally Long, Recorder Hearings Officer Jim Brewer called the meeting to order at 5:34 p.m. City of Salem staff members present were Pamela Cole, Planner II, Bryce Bishop, Planner II and Sally Long, Recorder. 1. PUBLIC HEARING ON A ZONE CHANGE, PARTITION, PLANNED UNIT DEVELOPMENT MODIFICAITON AND ADJUSTMENT REVIEW CASE 1.1 ZC-PAR-PUDMOD1-ADJ17-03 for 1955 Salem Dallas Highway NW Summary: A consolidated application for a zone change from RD to RM2 for 0.88 acres at the northern end of Paradise Court; a partition of 37 acres to result in three parcels; a modification of the Capital Manor Planned Unit Development final plan to create a boundary that coincides with proposed Parcel 1; an adjustment to reduce density for future redevelopment of proposed Parcel 3; and an adjustment to reduce parking requirements for a future memory care facility on proposed Parcel 2. Request: A consolidated application for a zone change from RD to RM2 for 0.88 acres at the northern end of Paradise Court NW; a partition of 37 acres to result in three parcels; a modification of the Capital Manor Planned Unit Development final plan to create a boundary that coincides with proposed Parcel 1; an adjustment to reduce density for future redevelopment of proposed Parcel 3 from the minimum of 12 units per acre to approximately units per acre; and an adjustment to reduce parking requirements for a future memory care facility on proposed Parcel 2 from 76 spaces to approximately 26 spaces. The proposal affects 37 acres of property including the Capital Manor Planned Unit Development and multiple other parcels, all located in the RA (Residential Agriculture), RM-II (Multiple Family Residential II), RD (Duplex Residential), and RH (Multiple Family High-Rise Residential) zones; the property addresses are 1955, 2125, and 2129 Salem Dallas Highway NW; 176 Rosewood Dr NW; 2123 and 2125 Frontage Rd NW; and Paradise Ct NW (Polk County Assessor Map and Tax Lots 073W29A / , , , , , ; 073WAD / ). Mr. Brewer read the applicable criteria into the record. No objection to jurisdiction was raised and the public hearing was opened at 5:45 p.m. Case Manager Pamela Cole entered the staff report, presentation, and all attachments into the record and proceeded with her presentation. Based upon the Facts and Findings contained in this staff report, staff recommends that the Hearings Officer APPROVE the request for a consolidated application for a zone change from RD to RM-II for 0.88 acres at the northern end of Paradise Court NW; a partition of 37 acres to result in three parcels; a modification of the Capital Manor Planned Unit Page 1

2 Development final plan to create a boundary that coincides with proposed Parcel 1; an adjustment to reduce density for future redevelopment of proposed Parcel 3; and an adjustment to reduce parking requirements for a future memory care facility on proposed Parcel 2 at 1955 Salem Dallas Hwy NW, subject to the following conditions of approval: Condition 1: The proposed development shall be consistent with the conceptual plan included as Attachment B, as modified by the conditions of approval. Condition 2: The applicant shall designate the front lot line for Parcel 2 at final plat or at building permit, provided, however, that lot dimension standards are met. Condition 3: Prior to final plat, remove the structures on existing Lots 35 and 36. Condition 4: At the time of development on Parcel 2 or Parcel 3, remove the parking spaces that straddle the boundary between the parcels and reconfigure the parking area to meet setbacks. Condition 5: Prior to final plat, remove the structures on existing Lots 33 and 34. Condition 6: On the final plat, record reciprocal access easements at least 22 feet in width along the segments of the parcel boundaries that run along the centerlines of the paved internal driveways. Condition 7: Show all necessary private access and utility easements to serve all parcels in conformance with PWDS and Oregon State Plumbing Specialty Code. Condition 8: Provide public easements with widths conforming to PWDS for all public water and sewer mains located within the boundary of the proposed partition plat. Condition 9: Provide an open channel drainage easement along Turnage Brook allowing for access and maintenance. The easement width shall be 15 feet from the channel centerline (PWDS-General 1.8(d)). Condition 10: Comply with Ordinance Bill No as it relates to vacating Frontage Road NW and Paradise Court NW. Condition 11: Construct a half-street improvement along the Parcel 3 frontage of Rosewood Drive NW. The applicant can satisfy this requirement by entering into a City required deferral agreement pursuant to SRC (b). The improvements can be deferred until the property owner(s) apply for a building permit on Parcel 3 or until City Council requires such street improvements, whichever is earlier. Condition 12: Provide a 10-foot-wide public utility easement along the entire frontage of Rosewood Drive NW. PERSONS TESTIFYING: Applicant: David Lewis for Capital Manor Inc, 1955 Salem Dallas Hwy NW #1200, Salem Page 2

3 Joey Shearer, AKS Engineering & Forestry, 4300 Cherry Ave NE, Keizer Chuck Archer, LRS Architects Inc, 720 NW Davis St #300 Portland Neighborhood Association: None Support: None Oppose: None Neutral: None Rebuttal: None With no further questions or testimony to present, the Hearings Officer closed the public hearing at 6:15 p.m. The applicant waived the 7-day period for further testimony. ******************************************************************************************************** 2. PUBLIC HEARING ON A CONDITIONAL USE and ZONE CHANGE REVIEW CASE 2.2. CU-ZC17-14 for 345 Commercial Street NE Summary: A consolidated application for a Conditional Use Permit and Zone Change for the proposed relocation of the Union Gospel Mission (UGM) of Salem s men s shelter. Request: A consolidated application for a Conditional Use Permit and Zone Change for the proposed relocation of the Union Gospel Mission (UGM) of Salem s men s shelter from its current downtown location at 345 Commercial Street NE to a proposed new location on property located in the 700 to 800 blocks of Commercial Street NE. The application includes the following: 1) A Conditional Use Permit to allow the relocation the UGM s existing Non-Profit Shelter with an expanded capacity to serve approximately 300 persons; and 2) A Zone Change to change the zoning of the property from CO (Commercial Office) with Riverfront Overlay to CB (Central Business District) with Riverfront Overlay in order to establish the existing UGM retail store located at the northern end of the property as a permitted conforming use rather than an existing non-conforming use. The subject property totals approximately 2.3 acres in size, is currently zoned CO (Commercial Office) with Riverfront Overlay, and is located in the 700 to 800 blocks of Commercial Street NE (Marion County Assessor Map and Tax Lot Numbers: 073W22AC03300 and 073W22DB01600, 1700, 1800, & 1900). Mr. Brewer read the applicable criteria into the record. No objection to jurisdiction was raised and the public hearing was opened at 6:18 p.m. Case Manager Bryce Bishop entered the staff report, presentation, and all attachments into the record and proceeded with her presentation. Staff recommends that the Hearings Officer adopt the facts and findings of the staff report and take the following action for the subject property located in the 700 to 800 Blocks of Commercial Street NE (Marion County Assessor Map and Tax Lot Number(s): 073W22AC03300 and 073W22DB01600, 1700, 1800, & 1900): Page 3

4 A. APPROVE the Quasi-Judicial Zone Change to change the zoning of the property from CO (Commercial Office) with Riverfront Overlay to CB (Central Business District) with Riverfront Overlay in order to establish the existing UGM retail store located at the northern end of the property as a permitted conforming use rather than an existing non-conforming use. B. APPROVE the Conditional Use Permit to allow the relocation the UGM's existing Non-Profit Shelter with an expanded capacity to serve approximately 300 persons, subject to the following conditions of approval: Condition 1: As a condition of the future development of the property, a State Highway Approach/access permit shall be obtained for each proposed driveway connection onto Commercial Street NE. Condition 2: A pedestrian connection shall be provided within the development to connect the main guest entrance into the proposed shelter to a public sidewalk within an abutting street. If the only means of connecting to a public sidewalk within an abutting street is via the existing alley, the pedestrian connection shall be visually contrasted from the alley either by a change in material or a grade separation above the alley in a manner that will not impede vehicular access to the alley. Condition 3: Any outside storage areas, including outside storage areas for personal belongings, shall be screened by a minimum 6-foot-tall sight-obscuring fence, wall, or hedge. PERSONS TESTIFYING: Applicant: Dan Clem, Union Gospel Mission of Salem, 745 Commercial St NE, Salem Jeff Tross, Tross Consulting Inc, 1720 Liberty St SE, Salem Neighborhood Association: None Support: Alan Mela, 425 Kenwood, Lake Oswego Oppose: David Glennie, 445 Myers Street SE, Salem. Mr. Glennie requested the record be held open. The Hearings Officer granted the request with the following timelines: New evidence may be submitted until January 5, 2018 by 5:00 p.m. Rebuttal is due January 22, 2018 by 5:00 p.m. Rick Yurk, 260 Luther Street S, Salem Neutral: None Rebuttal: None At this time, Jeff Tross stated for the record that they would reserve their time for rebuttal during the open record rebuttal period. The applicant granted a 30 day extension to the state mandated 120-day deadline from March 21, 2018 to April 20, Page 4

5 With no further questions or testimony to present, the Hearings Officer closed the public hearing at 8:01 p.m. ******************************************************************************************************** Prepared by: Sally Long, December 20, 2017 Approved: December 21, 2017 ### G:\CD\PLANNING\MINUTES/HO Minutes/2017/HO Minutes docx Page 5