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. 2024-1 UGA-SPR-ADJ-DAP-DR-PLA24-03 following City Council’s vote to affirm and modify the Planning Administrator’s decision to approve a 405-unit multi-family residential development, Urban Growth Area Preliminary Declaration, Class 3 Site Plan Review, Class 1 and Class 2 Adjustments, Class 2 Driveway Approach Permit, Class 1 Design Review, and Property Line Adjustment Case No. UGA-SPR-ADJ-DAP-DR-PLA24-03 for property located at 4650 Hazelgreen Road NE.
Ward(s): 5
Councilor(s): Gonzalez
Neighborhood(s): Northgate Neighborhood Association
Result Area(s): Welcoming and Livable Community
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SUMMARY:
summary
On May 13, 2024, the City Council held a public hearing, received testimony, and closed the public hearing. The City Council conducted deliberations on May 13, 2024, and voted to affirm and modify the Planning Administrator’s decision to approve the consolidated application for Urban Growth Area Preliminary Declaration, Class 3 Site Plan Review, Class 1 and Class 2 Adjustments, Class 2 Driveway Approach Permit, Class 1 Design Review, and Property Line Adjustment Case No. UGA-SPR-ADJ-DAP-DR-PLA24-03.
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ISSUE:
Shall the City Council adopt the Final Order to affirm and modify the Planning Administrator’s decision to approve the consolidated application for Urban Growth Area Preliminary Declaration, Class 3 Site Plan Review, Class 1 and Class 2 Adjustments, Class 2 Driveway Approach Permit, Class 1 Design Review, and Property Line Adjustment Case No. UGA-SPR-ADJ-DAP-DR-PLA24-03?
RECOMMENDATION:
recommendation
Adopt the Final Order to affirm and modify the Planning Administrator’s decision to approve the consolidated application for Urban Growth Area Preliminary Declaration, Class 3 Site Plan Review, Class 1 and Class 2 Adjustments, Class 2 Driveway Approach Permit, Class 1 Design Review, and Property Line Adjustment Case No. UGA-SPR-ADJ-DAP-DR-PLA24-03.
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FACTS AND FINDINGS:
1. On November 3, 2023, a consolidated application for an Urban Growth Area Preliminary Declaration, Class 3 Site Plan Review, Class 1 and 2 Adjustments, Class 2 Driveway Approach Permit, Class 1 Design Review, and Property Line Adjustment was filed for proposed development of a 405-unit multi-family residential apartment complex for property 15.6 acres in size and located at 4650 Hazelgreen Road NE.
2. After additional information was provided, the consolidated applications were deemed complete for processing on January 24, 2024.
3. Notice to surrounding property owners was mailed pursuant to Salem Revised Code on January 24, 2024.
4. On February 29, 2024, the Planning Administrator issued a decision approving the consolidated application with conditions.
5. On March 14, 2024, a timely Notice of Appeal was filed by a neighboring property owner. SRC 300.120(c) provides that for consolidated applications, the Review Authority shall be the highest applicable Review Authority under the highest numbered procedure type required for any of the land use applications. Per SRC Chapter 300, Table 300-2, City Council is the review authority for an appeal of an Urban Growth Area Preliminary Declaration; therefore, the City Council is the Review Authority for the appeal of this consolidated application.
6. A hearing was scheduled before the City Council on May 13, 2024.
7. The 120-day State mandated deadline was extended by the applicant to June 22, 2024.
8. On April 22, 2024, notice of the hearing was sent to the Northgate Neighborhood Association and surrounding property owners and tenants pursuant to Salem Revised Code requirements. Notice of the hearing was posted on the subject property on May 2, 2024.
9. On May 6, 2024, a Staff Report was made available for public review addressing items raised by the appellant in the Notice of Appeal.
10. On May 13, 2024, the City Council conducted a public hearing, received testimony, and closed the public hearing.
11. The City Council conducted deliberations on May 13, 2024, and voted to affirm and modify the Planning Administrator’s decision to approve the consolidated application for Urban Growth Area Preliminary Declaration, Class 3 Site Plan Review, Class 1 and 2 Adjustments, Class 2 Driveway Approach Permit, Class 1 Design Review, and Property Line Adjustment Case No. UGA-SPR-ADJ-DAP-DR-PLA24-03 with an additional condition of approval requiring the construction of a six-foot tall decorative fence along the southwest portion of the site.
BACKGROUND:
The original staff report and its attachments are available from the City’s website: <https://salem.legistar.com/View.ashx?M=A&ID=1123867&GUID=A7D6B6C9-E54E-440B-AE93-A0712A1931D6>. The entire case record, including the applicant’s submittals, written statements, and professional studies; all evidence and testimony submitted into 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: 23-121805
Aaron Panko
Planner III
Attachments:
1. Vicinity Map
2. Final Order
3. Exhibit 1