TO: Mayor and City Council
THROUGH: Keith Stahley, City Manager
FROM: Kristin Retherford, Community Planning and Development Director
SUBJECT:
title
Adoption of Final Order No. 2024-3 PUD-SUB-PAR-UGA-ADJ24-01 modifying the Planning Commission’s decision approving Planned Unit Development-Subdivision Tentative Plan, Partition Tentative Plan, Urban Growth Preliminary Declaration, and Class 2 Adjustment Case No. PUD-SUB-PAR-UGA-ADJ24-01 for property located in the 700 to 800 Blocks of Creekside Drive SE.
Ward(s): 4
Councilor(s): Gwyn
Neighborhood(s): South Gateway Neighborhood Association
Result Area(s): Welcoming and Livable Community
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SUMMARY:
summary
On October 14, 2024, the City Council held a public hearing to consider the appeal of the Planning Commission’s decision approving a proposed two-parcel Partition and Planned Unit Development-Subdivision creating 11 residential lots along with common open space for property located in the 700 to 700 Blocks of Creekside Drive SE (Attachment 1). Subsequent to receiving testimony, the Council closed the public hearing, deliberated, and voted to modify the Planning Commission’s decision by removing Condition of Approval No. 14, which required construction of a 5-foot-wide sidewalk on the north side of Creekside Drive SE along the frontage of the property.
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ISSUE:
Shall City Council adopt the Final Order to modify the Planning Commission’s decision approving Planned Unit Development-Subdivision Tentative Plan, Partition Tentative Plan, Urban Growth Preliminary Declaration, and Class 2 Adjustment Case No. PUD-SUB-PAR-UGA-ADJ24-01?
RECOMMENDATION:
recommendation
Adopt the Final Order to modify the Planning Commission’s decision approving Planned Unit Development-Subdivision Tentative Plan, Partition Tentative Plan, Urban Growth Preliminary Declaration, and Class 2 Adjustment Case No. PUD-SUB-PAR-UGA-ADJ24-01.
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FACTS AND FINDINGS:
1. On May 6, 2024, an application for a Partition Tentative Plan, Class 2 Adjustment, Planned Unit Development-Subdivision Tentative Plan, and Urban Growth Preliminary Declaration was submitted by Brandie Dalton, of Multi/Tech Engineering, on behalf of the applicant and property owner, Creekside Golf Course, LLC.
2. After additional requested information was provided by the applicant, the application was deemed complete for processing on July 8, 2024; and notice of the public hearing was subsequently sent, pursuant to SRC requirements, on July 16, 2024, and posted on the property by the applicant’s representative on July 26, 2024.
3. On August 6, 2024, a public hearing was held before the Planning Commission. Subsequent to receiving public testimony and asking questions of the applicant and staff, the hearing was closed and the record subsequently left open until August 13, 2024, for any party to submit additional written evidence and testimony on the proposal; August 20, 2024, for rebuttal; and August 27, 2024, for final written argument from the applicant unless subsequently waived.
4. On August 20, 2024, a written request was received from the applicant's representative waiving the final seven-day period for final written argument. Having received the applicant's request to waive the seven-day period for final written argument, the Planning Commission proceeded with deliberations on the proposal at their August 20, 2024, meeting and voted to approve the Planned Unit Development-Subdivision, Partition, Urban Growth Preliminary Declaration, and Class 2 Adjustment subject to the conditions of approval recommended in the August 6, 2024, staff report and accompanying August 6, 2024, supplemental staff report; but as further recommended to be modified in staff's August 13, 2024, open record period memo and further revised by the Planning Commission during deliberations.
5. On September 11, 2024, a timely appeal of the Planning Commission’s decision, meeting the requirements of SRC 300.1010 and SRC 300.1020, was filed by the applicant’s representative.
6. On September 24, 2024, notice of the public hearing on the appeal was sent, pursuant to SRC requirements, and subsequently posted on the property on October 4, 2024.
7. On October 14, 2024, the City Council held a public hearing to consider the appeal of the Planning Commission’s decision. Subsequent to receiving testimony, the Council closed the public hearing, deliberated, and voted to modify the Planning Commission’s decision by removing Condition of Approval No. 14, which required construction of a 5-foot-wide sidewalk on the north side of Creekside Drive SE along the frontage of the property.
8. The 120-day state mandated local decision deadline for the application is November 5, 2024.
BACKGROUND:
The original staff report and its attachments are available on the City’s website: <https://salem.legistar.com/View.ashx?M=A&ID=1190124&GUID=0457DEDC-2ED7-4A62-B95C-2F6378A88D6A>. The entire case record, including the applicant’s submittals, written statements, and professional studies; all evidence and testimony submitted to the record; and all staff reports and notices are available on the City’s online Permit Application Center at: <https://egov.cityofsalem.net/PACPortal>. You may use the search function without registering and enter the permit number listed here: 24 109994.
Bryce Bishop
Planner III
Attachments:
1. Vicinity Map
2. Final Order
3. Exhibit 1 to Final Order - Facts & Findings