File #: 18-217    Version: 1
Type: SOB - Unfinished business from prev. mtg. Status: Passed
In control: City Council
On agenda: 5/14/2018 Final action: 5/14/2018
Title: Appeal of Hearings Officer decision approving Conditional Use / Quasi-Judicial Zone Change Case No. CU-ZC17-14 for property located in the 700 to 800 blocks of Commercial Street NE. Ward(s): Ward 1 Councilor(s): Kaser Neighborhood(s): CANDO
Attachments: 1. Testimony Received Prior to April 30, 2018, 2. 2. Rebuttal Testimony Received Prior to May 7, 2018, 3. Written Testimony 1
Related files: 18-178, 18-249

TO:                      Mayor and City Council   

THROUGH:                      Steve Powers, City Manager   

FROM:                      Norman Wright, Community Development Director

                                          

SUBJECT:

title

 

Appeal of Hearings Officer decision approving Conditional Use / Quasi-Judicial Zone Change Case No. CU-ZC17-14 for property located in the 700 to 800 blocks of Commercial Street NE. 

 

Ward(s): Ward 1

Councilor(s): Kaser

Neighborhood(s):  CANDO

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ISSUE:

 

Shall the City Council affirm, amend, or reverse the decision of the Hearings Officer for Conditional Use / Quasi-Judicial Zone Change Case No. CU-ZC17-14 approving the Union Gospel Mission of Salem’s consolidated application for a conditional use permit to relocate their existing men’s shelter from its current location at 345 Commercial Street NE to a proposed new location in the 700 to 800 blocks of Commercial Street NE and quasi-judicial zone change to change the zoning of that property from CO (Commercial Office) to CB (Central Business District) in order to make their existing retail store a conforming use?

 

 

RECOMMENDATION:

recommendation

 

Affirm and modify the February 9, 2018, Hearings Officer’s decision approving the Union Gospel Mission of Salem’s consolidated application for a conditional use permit and quasi-judicial zone change subject to the conditions established in the Hearings Officer’s February 9, 2018, decision together with the following additional conditions of approval:

 

Condition 6:                      The shelter and transitional housing facility shall be limited to a maximum number of 300 overnight occupants.

Condition 7:                     The applicant shall install secure, covered storage for client personal belongings.

Condition 8:                     The design of the proposed shelter shall incorporate the following additional requirements:

a)                     Exterior gathering spaces shall be visible from within the buildings;

b)                     Shrubs shall not exceed 36 inches in height; and

c)                     The primary entrance for emergency shelter users shall not be located along the Commercial Street frontage.

Condition 9:                     The site’s grounds shall be monitored 24-hours a day by staff through video surveillance or patrols.

Condition 10:                     As a condition of site plan review application submittal, the applicant shall provide a photometric plan identifying the site’s proposed lighting fixtures, placements, and illumination intensity.

 

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SUMMARY AND BACKGROUND:

 

On April 23, 2018, the City Council held a public hearing to consider the appeal of the Hearings Officer’s decision approving the Union Gospel Mission of Salem’s consolidated conditional use permit and zone change application to relocate their existing men’s shelter to property located in the 700 to 800 blocks of Commercial Street NE and change the zoning of the property from CO (Commercial Office) to CB (Central Business District).

 

After receiving evidence and testimony regarding the appeal a request was made by the appellant to leave the record open to allow for the submission of additional evidence and testimony in response to the new information and materials presented during the public hearing.  The Council granted the request and voted to close the public hearing and leave the written record open until April 30, 2018, for the submission of new evidence and testimony; May 7, 2018, for rebuttal; and May 11, 2018, for final argument from the applicant. 

 

Additional evidence and testimony received prior to the April 30, 2018, deadline is included as Attachment 1.  Rebuttal testimony received prior to the May 7, 2018, deadline is included as Attachment 2.

 

                     Bryce Bishop 

                     Planner II

 

Attachments:

1. Additional Evidence and Testimony (Received Prior to April 30, 2018 Deadline).

2. Rebuttal Testimony (Received Prior to May 7, 2018 Deadline)