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. 2024-4 CU24-05 modifying the Hearing Officer’s decision approving Conditional Use Permit Case No. CU24-05 for property located at 3393 Silverton Road NE.
Ward(s): Ward 5
Councilor(s): Gonzalez
Neighborhood(s): Northgate Neighborhood Association
Result Area(s): Welcoming and Livable Community
end
SUMMARY:
summary
On November 12, 2024, the City Council held a public hearing to consider modifying the Hearing Officer’s decision approving Conditional Use Permit (CU24-05) to allow a motor vehicle service use in an existing building on property zoned MU-III, and located at 3393 Silverton Road NE (Attachment 1). Subsequent to receiving testimony, the Council closed the public hearing, deliberated, and voted to modify the Hearing Officer’s decision by amending the hours of operation where the business is open to the public to be between 6 AM to 8 PM for Condition of Approval No. 4, and amending Condition of Approval No. 2 to allow diagnostic service outside of the building within normal business hours.
end
ISSUE:
Shall City Council adopt the Final Order to modify the Hearing Officer’s decision approving Conditional Use Permit Case No. CU24-05?
RECOMMENDATION:
recommendation
Adopt the Final Order to modify the Hearing Officer’s decision approving Conditional Use Permit Case No. CU24-05.
body
FACTS AND FINDINGS:
1. On March 6, 2024, an application for a Conditional Use Permit was submitted by Britany Randall of BRAND Land Use, on behalf of the applicant, Giovanna Reyes, and the property owner, Oregon Alliance LLC.
2. On May 29, 2024, the application was deemed complete for processing at the request of the applicant’s representative. After meeting with staff and additional information was received, notice of the public hearing was sent, pursuant to SRC requirements, on July 25, 2024, and posted on the property by the applicant on July 31, 2024.
3. On August 14, 2024, the Hearing Officer held a public hearing for the proposed application. Subsequent to receiving public testimony and asking questions of the applicant and staff, the Hearing Officer closed the hearing and left the record open for the following periods: August 28, 2024 for any new testimony; September 4, 2024 for any rebuttal testimony; and September 11, 2024 for the applicant’s final written rebuttal.
4. On September 20, 2024, the Hearing Officer issued a decision approving the request for a Conditional Use Permit, subject to conditions of approval (Exhibit 1).
5. On October 14, 2024, a motion was passed that City Council review the Hearing Officer’s decision, pursuant to SRC 300.1060, with concerns regarding the hours of operation allowed by Condition 4. A hearing was scheduled before the City Council on November 12, 2024.
6. On October 22, 2024, notice of the hearing was sent to the Neighborhood Association and interested parties pursuant to SRC requirements. Notice of the hearing was posted on the subject property on October 29, 2024.
7. On November 12, 2024, the City Council held a public hearing to consider the appeal of the Hearing Officer’s decision. Subsequent to receiving testimony, the Council closed the public hearing, deliberated, and voted to modify the Hearing Officer’s decision by amending the hours of operation where the business is open to the public to be between 6 AM to 8PM for Condition of Approval No. 4, and amending Condition of Approval No. 2 to allow diagnostic service outside of the building within normal business hours.
8. The 120-day state mandated local decision deadline for the application is January 24, 2024.
BACKGROUND:
All application materials are available on the City’s Permit Application Center website at <https://permits.cityofsalem.net>. You can use the search function without registering and enter the permit number listed here: 24 104327
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 Supplemental Reports can be found here: <https://egov.cityofsalem.net/PACPortal/Permit/View/1157210>.
Jamie Donaldson
Planner III
Attachments:
1. Vicinity Map
2. Final Order No. 2024-4 CU24-05
3. Exhibit 1 to Final Order - Decision of the Hearings Officer Case No. CU24-05