TO: Mayor and City Council
THROUGH: Steve Powers, City Manager
FROM: Norman Wright, Community Development Director
SUBJECT:
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Appeal of the Planning Administrator’s decision for Urban Growth Preliminary Declaration Case No. UGA17-06 for property located at 6719 Devon Avenue SE.
Ward(s): Ward 4
Councilor(s): McCoid
Neighborhood(s): South Gateway
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ISSUE:
Shall the City Council affirm, amend, or reverse the decision of the Planning Administrator for Urban Growth Preliminary Declaration Case No. UGA17-06?
RECOMMENDATION:
recommendation
AFFIRM the Planning Administrator’s March 12, 2018 decision.
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SUMMARY AND BACKGROUND:
On March 12, 2018, the Planning Administrator adopted an order approving Urban Growth Preliminary Declaration Case No. UGA17-06 subject to 10 conditions of approval (Attachment 2). On March 23, 2018, the applicant appealed the Planning Administrator’s decision, requesting the parks requirement be removed.
FACTS AND FINDINGS:
Procedural Findings
1. On November 7, 2017, the applicant submitted an application for an Urban Growth Area Preliminary Declaration to determine the public facilities and infrastructure required to develop a 19.89-acre property at 6719 Devon Avenue SE (Attachment 1) into approximately 86 subdivision lots and submitted a concurrent application for annexation (Annexation Case No. ANXC-725). After the applicant submitted additional information, the Urban Growth Area Preliminary Declaration application was deemed complete for processing on December 18, 2017. The proposed annexation is scheduled for a public hearing on June 11, 2018.
2. Notice of Filing and a Request for Comments on the Urban Growth Area Preliminary Declaration were sent to the South Gateway Neighborhood Association and surrounding property owners pursuant to Salem Revised Code requirements on December 20, 2017.
3. On March 12, 2018, the Planning Administrator issued a decision approving the proposed Urban Growth Preliminary Declaration subject to conditions of approval (Attachment 2).
4. On March 23, 2018, the applicant submitted an appeal of the Planning Administrator’s decision (Attachment 3). The appeal public hearing was delayed until the Lone Oak Reimbursement District, which this property is subject to, was decided. A public hearing before the City Council is scheduled for May 29, 2018.
5. Notice of the public hearing was sent to South Gateway, surrounding property owners, and everyone who submitted comments on the proposal, pursuant to Salem Revised Code requirements, on May 9, 2018. Notice of the public hearing was posted on the subject property on May 15, 2018.
6. The 120-day state mandated decision deadline for this case has been extended by 56 days, from April 17, 2018 to June 12, 2018.
Substantive Findings
7. Because the subject property is outside of the Urban Service Area, an Urban Growth Preliminary Declaration must be obtained prior to, or concurrent or consolidated with, any application for a subdivision. The application for an Urban Growth Preliminary Declaration is necessary to determine the public facilities required under the Urban Growth Management Program to develop a future subdivision. The applicant has not submitted a subdivision application.
9. The applicable criteria and considerations that must be satisfied for the consolidated application are found in SRC Chapter 200 (Urban Growth Management). Findings establishing conformance with the applicable approval criteria are included in the Planning Administrator’s March 12, 2018 decision order (Attachment 2).
10. South Gateway did not submit comments in response to the December 20, 2017 Notice of Filing and Request for Comments. Comments were received from surrounding property owners generally concerning traffic congestion and safety, infrastructure, and stormwater runoff. The issues raised are summarized and addressed in the March 12, 2018 decision order (Attachment 2).
11. The applicant is appealing the parks requirements of the Urban Growth Preliminary Declaration. The appeal letter from the applicant’s representative, Alan Sorem, (Attachment 3) requests removal of Condition of Approval No 10, which requires the applicant to either (a) convey or acquire 10 acres of property for dedication of neighborhood park facility NP-28 or (b) pay a temporary access fee of $200,000 pursuant to SRC 200.080(a). Mr. Sorem states that the cost of complying with this condition would be grossly disproportionate to the impact from the proposed development.
12. The findings related to the park requirement can be found on page 10-11 of Attachment 2, including an analysis of the proportional share of the park cost that is required for the proposed residential development.
ALTERNATIVES
11. The City Council may affirm, amend, or reverse the decision of the Planning Administrator for Urban Growth Preliminary Declaration Case No. UGA17-06.
I. AFFIRM the decision for UGA 17-06.
II. MODIFY the decision for UGA 17-06.
III. DENY the application.
RECOMMENDATION
12. Based on the facts and findings within the March 12, 2018 decision, staff recommends that the City Council find that the proposed Urban Growth Preliminary Declaration satisfies the applicable approval criteria of SRC Chapter 200 and AFFIRM the decision of the Planning Administrator.
Pamela Cole
Planner II
Attachments:
1. Vicinity Map
2. UGA17-06 Decision
3. Appeal Letter
05/17/2018