PAR19-13 PC Appeal Staff Report

FOR MEETING OF: January 7, 2020 AGENDA ITEM NO.: 5.1

TO: PLANNING COMMISSION

FROM: LISA ANDERSON-OGILVIE, AICP DEPUTY COMMUNITY DEVELOPMENT DIRECTOR AND PLANNING ADMINISTRATOR

SUBJECT: APPEAL OF PLANNING ADMINISTRATOR DECISION ON PARTITION CASE NO. PAR19-13 FOR PROPERTY LOCATED AT 1195 PARK AVENUE NE

ISSUE

Should the Planning Commission affirm, modify, or reverse the Planning Administrator’s decision approving a tentative partition plan to divide an existing lot located at 1195 Park Avenue NE 97301 (Marion County Assessor Map and Tax Lot Number 073W24CA12200) and zoned RS (Single Family Residential) into proposed Parcel 1 (5,086 square feet), with frontage on Park Avenue NE, and proposed Parcel 2 (4,345 square feet), with frontage on Camry Court NE; the existing single family dwelling on Parcel 1 is proposed to remain and the existing garage on Parcel 1 is proposed to be modified to meet the required setback from the new rear property line for Parcel 1.

RECOMMENDATION

Affirm the Planning Administrator’s decision and APPROVE the tentative partition plan with conditions of approval, the findings contained herein.

SUMMARY OF RECORD

The following items are submitted to the record and are available upon request: All materials submitted by the applicant, including any applicable professional studies such as traffic impact analysis, geologic assessments, and stormwater reports; any materials and comments from public agencies, City Departments, neighborhood associations, and the public; and all documents referenced in this report.

SUMMARY AND BACKGROUND

A vicinity map of the subject property is included as Attachment 1.

The Planning Administrator issued a decision on November 26, 2019 approving a proposed two-parcel partition of property located at 1195 Park Avenue NE (Attachment 2). The subject property, which totals approximately 0.22 acres in size and consists of one tax lot (one legal unit of land) with frontages on Park Avenue NE and Camry Court NE, is zoned RS (Single Family Residential) and currently developed with a single-family dwelling which is to remain on proposed Parcel 1. The conditions of approval require the existing garage to be modified or removed to meet the required setback from the new rear property line of proposed Parcel 1.

Appeal of Planning Administrator Decision on Partition Case No. PAR19-13 January 7, 2019 Page 2

Prior to the expiration of the appeal deadline for the decision on December 11, 2019, Jason Self and Rochelle (Shelley) Hauser filed an appeal of the Planning Administrator’s decision (Attachment 3).

1. Neighborhood Association Comments.

The subject property is located within the North East Salem Community Association (NESCA) neighborhood association. No comments were received from the neighborhood association during the initial review of the application and no comments have been submitted on the appeal.

2. Public Comments.

During the public comment period for the initial review of the application, 13 property owners within the vicinity of the subject property and members of the public at large submitted comments. Of the comments received, two indicated no objections and the remainder expressed concern and opposition to the proposal. The comments received are summarized in the November 26, 2019, decision and incorporated herein by reference.

The comments submitted expressed concerns and opposition, in summary, pertaining to the following issues:

▪ Increased traffic on a narrow street (Camry Court NE); ▪ Limited parking on Camry Court NE; ▪ Privacy; ▪ Turn-around at the end of Camry Court NE; ▪ Fire safety; ▪ Difficulty turning left onto D Street NE; ▪ Issues with notification.

Staff’s analysis and response to these concerns are included on pages 6-7 of the Planning Administrator’s November 26, 2019, decision (Attachment 2).

Subsequent to the public hearing notice being provided for the appeals, and prior to the preparation of this staff report, no additional comments from property owners or members of the public have been received.

3. Appeal.

Prior to the expiration of the December 11, 2019, appeal deadline, Jason Self and Rochelle (Shelley) Hauser filed an appeal of the Planning Administrator’s decision (Attachment 3). Issues raised in the appeal pertain to the following:

A summary and response to the issues raised in the appeals is provided below.

Appeal of Planning Administrator Decision on Partition Case No. PAR19-13 January 7, 2019 Page 3

Parking and safety issues on Camry Court NE

▪ There are 12 homes with parking access on Camry Court NE, not 10 as stated in the proposal. There is very little parking for the homes already built. There is already an emergency access and guest parking issue because of the narrowness of the street and the dead end. There is not enough room for another home or adequate room for emergency access or guest parking.

▪ Camry Court NE is approximately 26’4” where it widens after the No Parking zone terminates. The No Parking zone extends approximately the first 50 feet off D Street, then where it widens to 26 feet, parking is permitted to the dead end of the street. A planner told a resident that there is no parking allowed on the entire east side of Camry Court, allowing for ample access of fire trucks. This is incorrect.

▪ Residents backing out of driveways on the west side of Camry Court NE have hit vehicles parked on the east side of Camry Court NE. ▪ If vehicles are parked across from each other only one car can drive between them; people have to back up and get out of the way of other cars coming down the street. ▪ The turnaround is not big enough. Garbage trucks and street sweepers have a difficult time and go into driveways when they turn around at the end of the street. If there are cars parked there, they have to ask neighbors to move cars. ▪ There will be miserable congestion at the dead end, which is already tightly clustered into proximity with three driveways, and the new driveway will access Camry Court NE in the worst place possible. ▪ There are more vehicles parked on the street at night. Vans and trucks park across the street from each other, making it difficult for vehicles to pass between them without clipping mirrors. Fire trucks could face the same situation. I ask for consideration of the ramifications of allowing this partition to go through should there ever be a fire that becomes inaccessible due to fire trucks due to parking congestion, especially in the middle of the night when people are not readily available to move their vehicles.

▪ One solution might be to make the entire east side of the street No Parking; but that would leave about seven or eight parking spaces in between the driveways on the west side. The turn-around area would become two parking spots which would mean people turning around would use residents’ driveways.

Staff response:

The parking issues on Camry Court NE were existing prior to the subject application. Case law precedent prohibits an applicant for a development proposal from being required to mitigate a pre-existing condition in the vicinity.

Appeal of Planning Administrator Decision on Partition Case No. PAR19-13 January 7, 2019 Page 4

Camry Court NE was approved, subject to conditions, in Subdivision Case No. SUB92-20S (Attachment 4). With the conditions of approval, Camry Court NE met the standards at the time of its development for a street with on-street parking on one side. The street is a public right-of-way and not a private street, so the City cannot limit driveway access without just cause, and on-street parking is available to any member of the public.

There is no condition of the initial subdivision approval for the subdivision on Camry Court NE (SUB92-20S) that states that Camry Court NE is only to provide access to homes on the west side of the street. If there had been a condition prohibiting driveways on the east side of the street, a reserve strip would have been platted on the east side of the street.

The staff analysis and response in the PAR19-13 decision stated that on-street parking on the west side of Camry Court NE is available to residents and the general public, based on information in Partition Case No. PAR05-18 for 1235 Park Avenue NE and 1190 Camry Court NE. As the appellant states, the information in PAR05-18 is incorrect.

During the initial staff review for PAR09-13, the Fire Department and Public Works Department did not express any concerns regarding emergency vehicle access on Camry Court NE. After the appeal was submitted, the Fire Department, Public Works Department, and Planning reviewed the conditions of approval for SUB92-20S and the current placement of “No Parking” signs on Camry Court NE. Staff found that the statement in Partition Case No. PAR05-18 that on-street parking was permitted only on the west side of Camry Court NE was incorrect. In fact, the conditions of approval for SUB92-20S state that on-street parking is allowed on most of the east side of Camry Court NE, prohibited on the entire west side of Camry Court NE, prohibited in the turn-around at the north end of Camry Court NE, and prohibited on both sides of the narrow section of Camry Court NE near D Street NE.

Public Works, Planning, and Fire Department staff found that the current placement of “No Parking” signs does not comply with the conditions of approval for SUB92- 20S. Therefore, the Assistant City Traffic Engineer in the Public Works Department ordered “No Parking” signs to be placed in the correct locations according to the conditions of SUB92-20S (Attachment 5).

The Assistant Chief of the Salem Fire Department reviewed the Public Works order to install “No Parking” signs and stated that re-posting the signs on the west side of the street and the turnaround will help maintain a street width conducive for emergency vehicle access (Attachment 6).

Any further issues with parked vehicles blocking the street, turn-around, or private driveways may be reported to Compliance Services at 503-588-6421 or through https://www.cityofsalem.net/Pages/report-neighborhood-problems.aspx.

Appeal of Planning Administrator Decision on Partition Case No. PAR19-13 January 7, 2019 Page 5

If the residents of the existing dwellings on Camry Court NE would like to modify the conditions of SUB92-20S, they may submit an application for a Variance, and all of the property owners within the subdivision would have to sign the application.

Change in character of the neighborhood ▪ The charm of the neighborhood would be changed negatively, taking away the current feel and look of privacy and seclusion. Owners purchased with the knowledge that no other houses would be built on Camry Court NE and purposely looked for neighborhoods without wall-to-wall homes or a lot of traffic. We will lose the cozy, private feeling of the dead end street and the safety the dead end provides for pets.

▪ Existing residents should not be punished so someone else can make more money. The lot is big enough to build a bigger house and fence the property so they can make money and not intrude on others’ American dreams.

▪ The applicant owns and fenced the lot at 1185 Park Avenue NE with 4 x 4 against the curb on Camry Court NE months before purchasing the subject property.

▪ If this partition is allowed, everyone else on Park Avenue NE with backyards on Camry Court NE will petition to divide their lots – about five more potential splits. We fear there is no limit to what the city planners will allow, as Camry Court is what one might call a rogue street-builders build whatever they want, wherever they want. This is why we cannot have a public sidewalk on the east side of Camry Court.

Staff response:

The subject property and other properties with double frontages on Park Avenue NE and Camry Court NE are located within the Salem city limits and may be developed in accordance with the City’s ordinances. Future development on these lots would be subject to the use and development standards set forth in SRC Chapter 511 (Single Family Residential Zone), which specify allowed uses and requirements for height, setbacks, and lot coverage that are intended to ensure that development of private property does not adversely impact adjacent properties, as well as standards for off-street parking, fences, and other development.

No condition of approval of SUB92-20S states that Camry Court NE is only to provide access to homes on the west side of the street. The properties on the east side of Camry Court NE were not part of that subdivision, and the subdivision decision did not prohibit future development on those properties.

Fences are subject to the development standards of SRC 800.050. Fences in rear yards abutting streets shall not exceed a maximum height of six feet when located within 10 feet of a property line abutting a street. If a resident believes that the existing fence does not meet code requirements, they may file a complaint with

Appeal of Planning Administrator Decision on Partition Case No. PAR19-13 January 7, 2019 Page 6

Compliance Services at 503-588-6421 or through https://www.cityofsalem.net/Pages/report-neighborhood-problems.aspx.

The proposed partition is not increasing the number of lots or parcels with frontage on and access available from Camry Court NE. The subject property has existing frontage on Camry Court NE. If no partition were being requested, the owner of the subject property, or the owner of any of the properties with double frontage on Park Avenue NE and Camry Court NE, could obtain a driveway permit onto Camry Court NE or a building permit for an Accessory Dwelling Unit if they meet applicable standards. An Accessory Dwelling Unit constructed in the rear yard of an existing single family dwelling on Park Avenue NE could be set back 12 feet from the existing property line abutting Camry Court NE (SRC 700.007(b)(2), Table 700-1). No notice to the neighboring properties within 250 feet would be required for a driveway permit or Accessory Dwelling Unit permit, and no opportunity for comment would be provided.

The conditions of approval for street improvements for the proposed partition require a right-of-way dedication, curb-line sidewalk, landscape strip, and street trees on the Camry Court NE frontage of proposed Parcel 2 prior to final plat. If the conditions are met and the final plat is recorded, current development standards for a single family dwelling would require a driveway at least 10 feet in width onto Camry Court NE for a future dwelling on proposed Parcel 2, a garage to be set back at least 20 feet from the new right-of-way of Camry Court NE, and a dwelling to be set back at least 12 feet from the new right-of-way of Camry Court NE.

Effect on property values

▪ Planners have not taken into consideration the negative effect upon residents’ property values. The negative effect on property value cannot be estimated. This change affects families and they may be forced to sell before their property values go down and the street becomes wall-to-wall houses with worse emergency access and parking issues.

Staff response:

Emergency access and parking issues are addressed above.

Effect on property values is not a criterion under the Salem Revised Code for granting or denying a tentative partition approval. The single-family dwelling parcels proposed within the partition exceed the minimum lot size requirement of 4,000 square feet. Their size and layout are consistent with the pattern of the surrounding neighborhood, which has predominantly been developed with single family residences.

Appeal of Planning Administrator Decision on Partition Case No. PAR19-13 January 7, 2019 Page 7

FACTS AND FINDINGS

Procedural Findings

a. On June 11, 2019, an application for a Tentative Partition Plan was filed proposing to divide a property at 1195 Park Avenue NE (Attachment B) into two parcels.

b. On September 9, 2019, upon the applicant submitting required information, the application was deemed complete.

c. On September 12, 2019, notice was sent pursuant to SRC requirements to owners and residents of property located within 250 feet of the subject property, the North East Community Association (NESCA) neighborhood association, and others entitled to notice under SRC 300.520(b)(1)(B).

d. On November 26, 2019, the Planning Administrator issued a decision approving the Partition (Attachment 2).

e. On December 11, 2019, an appeal of the decision was filed by Jason Self and Rochelle Hauser. The appeal was timely filed.

f. On December 16, 2019, notice of the appeal public hearing was sent to the appellants, applicant, property owners, the neighborhood association, and owners of surrounding property pursuant to SRC requirements.

g. The appeal public hearing before the Planning Commission is scheduled for January 7, 2019.

h. The state-mandated final local decision deadline for this application, which has been extended by the applicant, is January 31, 2019.

Substantive Findings

As provided in the November 26, 2019, decision approving the partition (Attachment 2), the proposed development satisfies the applicable approval criteria. Findings establishing the development’s conformance with applicable tentative partition plan approval criteria are included under Section 6 on pages 7-16 of the tentative partition decision. No additional or modified conditions of approval are required.

5. Conclusion.

The proposed Partition satisfies the applicable approval criteria of SRC 205.005(d).

Based on the facts and findings presented above, and included within November 26, 2019, decision, staff recommends the Planning Commission AFFIRM the Planning Administrator’s decision and

Appeal of Planning Administrator Decision on Partition Case No. PAR19-13 January 7, 2019 Page 8

A. APPROVE the tentative partition plan subject to the applicable standards of the Salem Revised Code, the findings contained herein, and the conditions of approval listed below, which must be completed prior to final plat approval, unless otherwise indicated:

Condition 1: Proposed Parcel 2 shall be a minimum of 70 feet deep and 4,000 square feet in area after right-of-way dedication on Camry Court NE.

Condition 2: Prior to final plat approval, the applicant shall either (1) pave the driveway on proposed Parcel 1 to meet the standards of SRC Chapter 806 and obtain required permits to modify the existing garage on proposed Parcel 1 so that it meets the minimum setback from the proposed rear property line or (2) pave the driveway on proposed Parcel 1 to meet the standards of SRC Chapter 806, obtain a demolition permit to remove the existing garage on Proposed Parcel 1, and provide off-street parking meeting the requirements of SRC Chapter 806 on proposed Parcel 1.

Condition 3: Obtain permits for installation of water services to serve Parcel 2.

Condition 4: Construct sewer services that are proposed in the public right-of-way.

Condition 5: Design stormwater systems to serve all proposed parcels in compliance with PWDS. The stormwater systems shall be tentatively designed to accommodate future impervious surfaces on Parcel 2.

Condition 6: Convey for dedication of right-of-way equal to 25 feet from centerline to accommodate the required street improvements along the property frontage of Camry Court NE.

Condition 7: Complete the half-street improvement along the frontage of Camry Court NE to Local cul-de-sac street standards. This includes curb-line sidewalk, landscape strip, and street trees.

Condition 8: Provide a 10-foot-wide public utility easement along the entire frontage of Park Avenue NE and Camry Court NE.

ALTERNATIVES

The Planning Commission may take one of the following actions:

I. AFFIRM the November 26, 2019 decision for PAR19-13. II. MODIFY the November 26, 2019 decision for PAR19-13. III. DENY the application.

Appeal of Planning Administrator Decision on Partition Case No. PAR19-13 January 7, 2019 Page 9

Attachments: 1. Vicinity Map 2. Planning Administrator’s Decision for Partition Case No. PAR19-13 (November 26, 2019) 3. Appeal Submitted by Jason Self and Rochelle Hauser 4. Subdivision SUB92-20S Decision 5. Assistant City Traffic Engineer Comments 6. Fire Department Comments

Prepared by Pamela Cole, Planner II

G:\CD\PLANNING\CASE APPLICATION Files 2011-On\PARTITION\2019\Case Processing Documents\PAR19-13 1195 Park Av NE\Appeal\PAR19-13 Planning Commission Appeal.docx

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Vicinity Map 1195 Park Av NE

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BITT E RN S T NE Legend Taxlots Outside Salem City Limits Parks Urban Growth Boundary Historic District Community Development Dept. This product is provided as is, without warranty. In no City Limits Schools event is the City of Salem liable for damages from the n use of this product. This product is subject to license and copyright limitations and further distribution or 0 100 200 400 Feet Ê resale is prohibited. \\FILESHARE2\CityGIS\CD\Proj\CP\Vicinity_Maps\2017_ARCHIVE\VicinityMapTemplate2017_maj-st-labels2anno.mxd - 9/9/2019 @ 10:53:34 AM ATTACHMENT 2 BEFORE THE PLANNING ADMINISTRATOR OF THE CITY OF SALEM (PARTITION PLAT NO. 19-05)

Si necesita ayuda para comprender esta información, por favor llame 503-588-6173. http://www.cityofsalem.net/planning

IN THE MATTER OF THE ) FINDINGS AND ORDER TENTATIVE APPROVAL OF ) PARTITION PLAT NO. 19-13; ) 1195 PARK AVENUE NE ) NOVEMBER 26, 2019

REQUEST

A Partition to divide an existing lot located at 1195 Park Avenue NE 97301 (Marion County Assessor Map and Tax Lot Number 073W24CA12200) and zoned RS (Single Family Residential) into proposed Parcel 1 (5,086 square feet), with frontage on Park Avenue NE, and proposed Parcel 2 (4,345 square feet), with frontage on Camry Court NE; the existing single family dwelling on Parcel 1 is proposed to remain and the existing garage on Parcel 1 is proposed to be modified to meet the required setback from the new rear property line for Parcel 1.

A vicinity map of the subject property is included as Attachment A.

DECISION

The tentative partition plan is APPROVED subject to the applicable standards of the Salem Revised Code, the findings contained herein, and the following conditions of final plat approval, unless otherwise indicated:

Condition 1: Proposed Parcel 2 shall be a minimum of 70 feet deep and 4,000 square feet in area after right-of-way dedication on Camry Court NE.

Condition 3: Obtain permits for installation of water services to serve Parcel 2.

Condition 4: Construct sewer services that are proposed in the public right-of-way.

PAR19-05 Page 1 June 14, 2019

PAR19-13 November 26, 2019 Page 2

Condition 6: Convey for dedication of right-of-way equal to 25 feet from centerline to accommodate the required street improvements along the property frontage of Camry Court NE.

Condition 7: Complete the half-street improvement along the frontage of Camry Court NE to Local cul-de-sac street standards. This includes curb-line sidewalk, landscape strip, and street trees.

Condition 8: Provide a 10-foot-wide public utility easement along the entire frontage of Park Avenue NE and Camry Court NE.

PROCEDURAL FINDINGS

1. On June 11, 2019, an application for a Tentative Partition Plan was filed proposing to divide a property at 1195 Park Avenue NE (Attachment B) into two parcels.

2. The application was deemed complete for processing on September 9, 2019. Notice to surrounding property owners was mailed pursuant to Salem Revised Code on September 12, 2019. The state-mandated local decision deadline is January 7, 2020.

SUBSTANTIVE FINDINGS

1. Proposal

The tentative plan proposes to divide the property into two parcels, with Parcel 1 containing the existing residence and Parcels 2 created for new residential development (Attachment B). The applicant’s written statement is included as Attachment C. The proposed Parcel 1 will continue to take access from Park Avenue NE, and proposed Parcel 2 would take access from Camry Court NE. The two parcels within the tentative partition plan are proposed as follows:

PROPOSED PARCEL 1 Parcel Size: 5,086 square feet Parcel Dimensions: Approximately 55 feet in width and 92 feet in depth

PROPOSED PARCEL 2 Parcel Size: 4,345 square feet Parcel Dimensions: Approximately 55 feet in width and 79 feet in depth

Access and Circulation: The subject property has frontage located on Park Avenue NE, designated as a Collector street within the Salem Transportation System Plan (TSP), and Camry Court NE, designated as a Local cul-de-sac street in the TSP.

PAR19-13 November 26, 2019 Page 3

2. Existing Conditions

Site and Vicinity

The subject property is a rectangular lot, with 55.03 feet of frontage on Park Avenue NE along its eastern boundary and 54.98 feet of frontage on Camry Court NE on its western boundary. The property is approximately 55 feet wide and approximately 171 feet in depth from west to east. An existing house is situated on the eastern portion of the subject property. The applicant proposes to retain the existing house after the partition and to modify its associated detached garage, which crosses the proposed lot line between the parcels, to provide the required rear setback for the accessory structure as required in the RS (Single Family Residential) zone.

Salem Area Comprehensive Plan (SACP) Designation

Urban Growth Policies: The subject property is located inside of the Salem Urban Growth Boundary and inside the corporate city limits.

Comprehensive Plan Map: The subject property is designated “Single Family Residential” on the Salem Area Comprehensive Plan (SACP) Map. The surrounding properties are designated as follows:

North: Single Family Residential South: Single Family Residential East: (Across Park Avenue NE) Single Family Residential West: (Across Camry Court NE) Single Family Residential

Zoning and Surrounding Land Use

The subject property is zoned RS (Single Family Residential) and is currently occupied by a single family residence. The surrounding properties are zoned and used as follows:

North: RS (Single Family Residential); single family dwellings South: RS (Single Family Residential); single family dwelling East: (Across Park Avenue NE) RS (Single Family Residential); single family dwellings West: (Across Camry Court NE) RS (Single Family Residential); single family dwellings Relationship to Urban Service Area

The subject property is within the City’s Urban Service Area.

Infrastructure PAR19-13 November 26, 2019 Page 4

Water: The subject property is located within the G-0 water service level. An 8-inch public water main and a 24-inch public water main are located in Park Avenue NE. A 4-inch public water main is located in Camry Court NE.

Sewer: An 18-inch sewer main is located in Park Avenue NE. An 8-inch sewer main is located in Camry Court NE.

Storm Drainage: An 18-inch storm main is located in Park Avenue NE. A public detention basin is located in Camry Court NE.

Streets: Park Avenue NE abuts the eastern boundary of the subject property, and is designated as a Collector street in the Salem Transportation System Plan (TSP).

o The standard for this street classification is a 34-foot-wide improvement within a 60-foot-wide right-of-way.

o The abutting portion of Park Avenue NE currently has an approximately 34-foot wide improvement within a 50-foot- wide right-of-way.

o The frontage of the subject property has a special setback equal to 30 feet from centerline of Park Avenue NE. This width is estimated to be an additional 3 feet from existing property line – see Easement #4437 R2300 P371.

Camry Court NE abuts the western boundary of the subject property, and is designated as a Local cul-de-sac street in the Salem Transportation System Plan (TSP).

o The standard for this street classification is a 30-foot-wide improvement within a 50-foot-wide right-of-way.

o The abutting portion of Camry Court NE currently has an approximately 26-foot wide improvement within a 40-foot- wide right-of-way.

o The frontage of the subject property has a special setback equal to 25 feet from centerline of Camry Court NE.

3. Public and Private Agency Review

Public Works Department - The City of Salem Public Works Department, Development Services Section, reviewed the proposal and has provided their PAR19-13 November 26, 2019 Page 5

comments and recommendation for plat approval. Their memorandum is included as Attachment D.

Building and Safety Department - The City of Salem Building and Safety Department reviewed the proposal and commented that they have no objections.

Salem Fire Department – Salem Fire Department reviewed the proposal and have no concerns with the partition. Items including Fire Department access and water supply will be required at the time of future construction.

PGE – PGE commented that development cost would be per current tariff and service requirements.

Salem-Keizer Public Schools - Salem-Keizer Public Schools estimated that the proposed development would add no students to the schools. The property is within the walk zone of Hoover Elementary, Parrish Middle School, and North Salem High School.

4. Neighborhood Association Comments

The subject property is within the Lansing Neighborhood Association. Notice of the application was provided to the neighborhood association, pursuant to SRC 300.620(b)(2)(B)(iii), which requires public notice to be sent to “any City-recognized neighborhood association whose boundaries include, or are adjacent to, the subject property.” The neighborhood association did not provide any comments.

5. Public Comments

All property owners within 250 feet of the subject property were mailed notification of the proposed partition. Comments were received from 13 neighbors prior to the close of the comment period. Their concerns are summarized below:

o Increased traffic on a narrow street – Camry Court NE is only wide enough for one car to pass another, creating traffic congestion. Residents do not object to children using the dead-end street as a playground, as people are forced to drive slowly, but do not want more congestion. The proposed new parcel at 1195 Park should be a flag lot directing traffic onto Park Street.

o Limited parking on Camry Court NE – On-street parking is not allowed at the southern end of the street and is allowed only the west side at the northern end of the street. The 10 existing homes on the west side have a maximum of nine on- street parking spaces. If they are all used, children cannot play basketball on the dead-end street residents chose for less traffic and slower traffic. The applicant has fenced the back yard at 1185 Park to the curb on Camry Court NE and installed a gate that feeds vehicles onto Camry, and this has eliminated a parking space. The new driveway will crowd and congest the area even more.

PAR19-13 November 26, 2019 Page 6

o Privacy – The proposed driveway will allow headlights to shine into residences on the other side of Camry Court NE.

o Turn-around at the end of Camry Court NE – Cars often use the private driveways to assist turning because vehicles are sometimes parked in the unmarked turn-around or long vehicles do not have enough room to turn with cars parked across the street. turn-around.

o Fire safety – The east side of Camry Court NE beyond the business driveway is usually the least congested section of the street but can be unsafe because pick-ups with large mirrors park across the street from each other and Fire vehicles cannot pass through.

o Difficulty turning left onto D Street NE – An increase of traffic on Camry Court NE would increase danger of making a left turn onto D Street. People turning right from Park Avenue NE onto D Street NE do not make a complete stop and appear quickly at the intersection of Camry Court NE. New housing on the old Oregon State Hospital property will increase the danger.

Staff Response: The existing lot has frontage on Camry Court NE. The proposed partition divides the western half of 1195 Park Avenue NE from the eastern half of 1195 Park Avenue NE; it does not increase the number of parcels and lots that have frontage or potential driveway access to Camry Court NE. The proposed partition is expected to generate little additional traffic. A single-family dwelling is projected to generate no more than 10 average daily trips.

Due to the width of the subject property and the location of the existing dwelling, access to proposed Parcel 2 is only available from Camry Court. Proposed Parcel 2 meets the standards for a lot with frontage on Camry Court NE.

Camry Court NE met the standards at the time of its development for a street with parking on one side. The street is a public right-of-way and not a private street, so the city cannot limit access without just cause. There is no condition of the initial subdivision approval (Sub. 92-20S) that states that Camry Court is only to serve the properties on the west side of the street. On-street parking on the west side of the street is available to residents and the general public.

While the partition will increase the vehicular trips on Camry Court, the street is designed to handle the increased traffic and will not impede access of emergency vehicles on the street. The Fire Department and Public Works Department did not express any concerns regarding emergency vehicle access on Camry Court. Issues with parked vehicles blocking the street, turn-around, or private driveways may be reported to Compliance Services at 503-588-6421 or through https://www.cityofsalem.net/Pages/report-neighborhood-problems.aspx.

Future development on proposed Parcel 2 will be required to meet minimum off- street parking and driveway development standards, which require at least two off- PAR19-13 November 26, 2019 Page 7

street parking spaces for a single-family dwelling. There are no code restrictions that prohibit driveways across from existing single-family dwellings.

Traffic impacts of other future residential developments in the area will be addressed as those developments occur.

o Issues with notification – Three residents on Camry Court NE did not receive notice and one received it only a few days prior to the deadline. Please send communication regarding this matter with some form of certification of delivery.

Staff Response: Notification was mailed to addresses within 250 feet of the subject property according to the procedures of SRC Chapter 300, and notice of this decision will also be mailed according to the procedures. These procedures do not require certification of delivery for mailed notices or other communications. Responses may be emailed or hand-delivered to the Planning Division to ensure that they arrive before deadlines.

6. Criteria for Granting a Tentative Partition

The Salem Revised Code (SRC), which includes the Unified Development Code (UDC), implements the Salem Area Comprehensive Plan land use goals, and governs development of property within the city limits. The partition process reviews development for compliance with City standards and requirements contained in the UDC, the Salem Transportation System Plan (TSP), and the Water, Sewer, and Storm Drain System Master Plans. A second review occurs for the created parcels at the time of site plan review/building permit review to assure compliance with the UDC. Compliance with conditions of approval to satisfy the UDC is checked prior to city staff signing the final partition plat.

SRC Chapter 205.005(d) sets forth the criteria that must be met before approval can be granted to a tentative partition plan. The following subsections are organized with approval criteria shown in bold, followed by findings of fact upon which the Planning Administrator’s decision is based. The requirements of SRC 205.005(d) are addressed within the specific findings which evaluate the proposal's conformance with the applicable criteria. Lack of compliance with the following criteria is grounds for denial of tentative plan or for the issuance of conditions of approval to more fully satisfy the criteria.

SRC 205.005(d)(1): The tentative partition plan complies with the standards of this Chapter and with all applicable provisions of the UDC, including, but not limited to the following:

(A) Lot standards, including, but not limited to, standards for lot area, lot width and depth, lot frontage, and designation of front and rear lot lines.

SRC Chapter 511 (Single Family Residential): The proposed partition would divide the 0.22-acre property into 2 parcels with no remainder. The subject property is currently PAR19-13 November 26, 2019 Page 8

zoned RS (Single Family Residential). The minimum lot area requirements of the RS zone are established under SRC 511.010(a) as follows:

Lot Standards for RS zone (Single Family) (see SRC Chapter 511, Table 511-2) Requirement Minimum Standard Lot Area (Single Family) 4,000 square feet Infill Lot1 5,500 square feet Lot Width 40 feet Lot Depth (Single Family) 70 feet Street Frontage 40 feet

Proposed lots in the partition range from approximately from 4,345 square feet to 5,086 square feet in size. However, Condition 6 below requires a dedication of right-of-way equal to 25 feet from centerline to accommodate required street improvements along the property frontage of Camry Court NE. This right-of-way dedication would reduce the lot depth of proposed Parcel 2 by approximately three feet, from 79 feet to 76 feet, and the lot area by approximately 165 feet (3 feet x 55 feet = 165 feet). Adjusted Parcel 2 would be approximately 4,180 square feet. This area exceeds the minimum lot area of 4,000 square feet. To ensure that adjusted Parcel 2 meets the minimum lot size after the right-of-way dedication, the following condition is required:

Condition 1: Proposed Parcel 2 shall be a minimum of 70 feet deep and 4,000 square feet in area after right-of-way dedication on Camry Court NE.

SRC 511.010(a) requires each lot used for single family residences to have an average depth between the front and rear lot lines of not more than 300 percent of the average width between the side lot lines. The proposed parcels meet this standard.

Except for flag lots, the RS zone, pursuant to SRC 511.010(a) Table 511-2, requires lots to have a minimum frontage of 40 feet on a street. Both proposed parcels meet this standard. SRC Chapter 800 (General Development Standards) allows lots to be created without the minimum required frontage on a street when they are developed in conformance with the flag lot development standards set forth in SRC 800.025. Neither parcel is a flag lot.

The proposed lots exceed minimum lot area, dimension, and frontage requirements and therefore conform to the applicable standards. The proposed lots within the partition are also of sufficient size and dimension to permit future development of uses allowed within the zone.

1 Infill lot: A residential flag lot created by the partition of land after February 8, 2006. PAR19-13 November 26, 2019 Page 9

Setback Requirements: SRC Chapter 511 establishes the following setback standards for development within an RS (Single Family Residential) zone:

Front Yards and Yards Adjacent to Streets: - Minimum 12 feet (minimum 20 feet when adjacent to a street designated 'Collector’, ‘Arterial’, or ‘Parkway’) - Minimum 20 feet for garages Rear Yards: - Minimum 14 feet for any portion of a main building not more than one story in height; or - Minimum 20 feet for any portion of a main building greater than one story in height - 0 feet for accessory structures not more than 9 feet in height; minimum 1 foot for each 1 foot of height over 9 feet for accessory structures greater than 9 feet in height Interior Side Yards: - Minimum 5 feet for new buildings other than zero side yard dwellings and townhouses - Minimum 3 feet for existing buildings other than zero side yard dwellings and townhouses - Minimum 10 feet (Infill Lot) - Minimum 4 feet for accessory structures other than those having one wall which is an integral part of a fence The existing single-family residence on proposed Parcel 1 exceeds setback standards for side yards, rear yards, and front yards adjacent to a street. However, the existing detached accessory structure on proposed Parcel 1 crosses the proposed line between the parcels and is legally nonconforming with respect to the north side setback. The applicant has proposed to remove part of the garage so that it meets a 4-foot setback from the proposed rear property line. This setback would be adequate for a garage up to 13 feet in height. The proposed modification would leave a garage large enough to accommodate one vehicle. The existing private driveway accommodates one other vehicle parking space but does not meet standards requiring a paved driveway.

To ensure that the garage meets the setback from the proposed rear property line and that parking meeting the requirements of SRC Chapter 806 is provided, the following condition is required:

proposed Parcel 1 to meet the standards of SRC Chapter 806, obtain a demolition permit to remove the existing garage on Proposed Parcel 1, and provide off-street parking meeting the requirements of SRC Chapter 806 on proposed Parcel 1.

Setback requirements for proposed Parcel 2 will be reviewed at the time of application for building permits. The proposed partition plan provided by the applicant did not show future building envelopes; however, the proposed parcels are of sufficient width and depth to accommodate the required setbacks.

Lot Coverage: Maximum lot coverage requirements within the RS zone are established under SRC 511.010(c), Table 511-4. The RS zone limits the total maximum lot coverage for buildings and accessory structures to 60 percent. The proposed Parcel 1 is approximately 5,086 square feet. The existing dwelling and accessory structure cover less than 60% of the proposed parcel. Future development of Parcel 2 will be reviewed for conformance with the development standards of SRC 511 at the time of building permit review.

Within the RS zone, accessory structures are not permitted on a lot or parcel without a main structure (single-family dwelling). The subject property includes an accessory structure that, if retained, would be on proposed Parcel 1 with a main structure. As conditioned, the proposal meets the requirements of SRC Chapter 511.

SRC Chapter 800 (General Development Standards):

SRC 800.015(a) (Buildings to be on a Lot): Pursuant to SRC 800.015(a), every building or structure shall be entirely located on a lot. The existing residence on proposed Parcel 1 is proposed to remain, and the existing garage will be modified to remain on proposed Parcel 1, in compliance with this standard.

As conditioned above, the proposal conforms to the requirements of SRC Chapter 800.

SRC Chapter 806 (Off-Street Parking, Loading, and Driveways)

SRC 806.015(a) (Minimum Required Off-Street Parking): SRC 806.015(a) requires all Single Family and Two Family dwellings outside of the Central Salem Development Program (CSDP) Area to provide a minimum of two off-street parking spaces. The subject property is located outside of the CSDP, and the proposed partition would create one additional parcel for residential development (proposed Parcel 2), with an existing single-family residence remaining on proposed Parcel 1.

An existing single family residence occupies the subject property within proposed Parcel 1. Off-street parking for this residence is provided by a detached one-car garage, which the applicant indicates will be modified to remain on proposed Parcel 1. Condition 1 requires parking on proposed Parcel 1 meeting the standards of SRC Chapter 806.

PAR19-13 November 26, 2019 Page 11

Off-street parking requirements for the proposed Parcel 2 will be reviewed at the time of application for building permits.

The proposal meets the requirements of SRC Chapter 806.

(B) City Infrastructure Standards.

The Public Works Department reviewed the proposal for compliance with the City’s public facility plans pertaining to provision of water, sewer, and storm drainage facilities. While SRC Chapter 205 does not require submission of utility construction plans prior to tentative partition plan approval, it is the responsibility of the applicant to design and construct adequate City water, sewer, and storm drainage facilities to serve the proposed development prior to final plat approval without impeding service to the surrounding area.

SRC Chapter 200 (Urban Growth Management): The Urban Growth Management Program requires that an Urban Growth Area (UGA) Development Permit must be obtained prior to development of property outside the Salem Urban Service Area. The subject property is inside of the Urban Service Area. Therefore, a UGA permit is not required and the proposal conforms to the requirements of SRC Chapter 200.

SRC Chapter 205 (Land Division and Reconfiguration): The applicant shall provide the required field survey and partition plat per Statute and Code requirements outlined in the Oregon Revised Statutes (ORS) and SRC. If said documents do not comply with the requirements outlined in ORS and SRC, and as per SRC Chapter 205, the approval of the partition plat by the City Surveyor may be delayed or denied based on the non- compliant violation. It is recommended the applicant request a pre-plat review meeting between the City Surveyor and the applicant’s project surveyor to ensure compliance with ORS 672.005(2)(g)&(h), 672.007(2)(b), 672.045(2), 672.060(4), Oregon Administrative Rules 850-020-0015(4)&(10), 820-020-0020(2), and 820-020-0045(5).

SRC Chapter 802 (Public Improvements): Comments from the Public Works Department indicate that water and sewer infrastructure is available along the perimeter of the site and appears to be adequate to serve the proposed partition. Specifications for required public improvements are summarized in the Public Works Department memo dated November 8, 2019 (Attachment D).

SRC 802.015 (Development to be Served by City Utilities). Water, sewer and stormwater services must be provided to each of the proposed parcels, consistent with Public Works Design Standards (PWDS). In order to ensure water, sewer and stormwater service are provided in compliance with the requirements of SRC Chapter 802 and the PWDS, the following conditions shall apply:

Condition 3: Obtain permits for installation of water services to serve Parcel 2.

Condition 4: Construct sewer services that are proposed in the public right-of-way.

PAR19-13 November 26, 2019 Page 12

As conditioned, the proposal meets the requirements of SRC Chapter 802.

SRC Chapter 803 (Streets and Right-of-Way Improvements):

SRC 803.015 (Traffic Impact Analysis): The proposed two-parcel partition generates less than 1,000 average daily vehicle trips to Park Avenue NE, designated as a collector street, and Camry Court NE, designated as a Local cul-de-sac street. Therefore, a Traffic Impact Analysis is not required as part of the proposed partition submittal.

SRC 803.020 (Public and Private Streets): There are no internal streets proposed within the partition. The subject property will take access from Park Avenue NE and Camry Court NE, which are public streets.

SRC 803.025 (Right-of-Way and Pavement Widths): Park Avenue NE is fully improved but lacks adequate right-of-way. However, right-of-way is not warranted along this frontage pursuant to a Public Works Department Policy GM 4-11. The proposed development is subject to a special setback equal to 30 feet from centerline on the development side of Park Avenue NE.

Camry Court NE abuts the subject property and does not meet the current standard for a Local cul-de-sac street. As identified in the conditions of approval, the applicant shall convey for dedication right-of-way equal to 25 feet from centerline to accommodate the required street improvements along the property frontage of Camry Court NE; and complete the half-street improvement to Local cul-de-sac street standards along the frontage of Camry Court NE pursuant to PWDS. This shall include the installation of a curb-line sidewalk, landscape strip, and street trees.

In order to ensure the previously stated requirements are met, the following conditions of approval shall apply:

Condition 6: Convey for dedication of right-of-way equal to 25 feet from centerline to accommodate the required street improvements along the property frontage of Camry Court NE.

Condition 7: Complete the half-street improvement along the frontage of Camry Court NE to Local cul-de-sac street standards. This includes curb-line sidewalk, landscape strip, and street trees.

As conditioned, the proposal meets this criterion.

SRC 803.030 (Street Spacing): The proposed partition involves further division of a 0.22 acre lot, within an established residential area where the network of streets has been in place for several decades. The limited size of the proposal and existing PAR19-13 November 26, 2019 Page 13

development on adjacent properties preclude development of further street connections as part of the proposal.

SRC 803.035 (Street Standards): Pursuant to subsection (n), public utility easements (PUEs) may be required for all streets. In order to ensure adequate access for the provision of electricity and other utilities, the following condition shall apply:

Condition 8: Provide a 10-foot-wide public utility easement along the entire frontage of Park Avenue NE and Camry Court NE.

As conditioned, the proposal conforms to applicable street standards.

SRC 803.040 (Boundary Streets): The abutting portion of Park Avenue NE is designated as a Collector street in the TSP and has an approximate 34-foot-wide improvement within a 50-foot-wide right-of-way. Park Avenue NE is fully improved but lacks adequate right-of-way. However, right-of-way is not warranted along this frontage pursuant to a Public Works Department Policy GM 4-11. The proposed development is subject to a special setback equal to 30 feet from centerline on the development side of Park Avenue NE.

Camry Court NE is designated as a Local cul-de-sac street in the Salem TSP and has an approximate 26-foot improvement within a 40-foot-wide right-of-way abutting the subject property. As identified in the conditions of approval, the applicant shall convey for dedication right-of-way equal to 25 feet from centerline to accommodate the required street improvements along the property frontage of Camry Court NE; and complete the half-street improvement to Local cul-de-sac street standards along the frontage of Camry Court NE pursuant to PWDS. This shall include the installation of a curb-line sidewalk, landscape strip, and street trees.

(C) Any special development standards, including, but not limited to, floodplain development, special setbacks, geological or geotechnical analysis, and vision clearance.

SRC Chapter 808 (Preservation of Trees and Vegetation): SRC Chapter 808 (Preservation of Trees and Vegetation) requires tree conservation plans in conjunction with development proposals involving the creation of lots or parcels to be used for the construction of single family or duplex dwelling units, if the development proposal will result in the removal of trees. The applicant has submitted a tree conservation plan in compliance with this requirement.

SRC Chapter 809 (Wetlands): Grading and construction activities within wetlands are regulated by the Oregon Department of State Lands (DSL) and US Army Corps of Engineers. State and Federal wetlands laws are also administered by the DSL and Army Corps, and potential impacts to jurisdictional wetlands are addressed through application and enforcement of appropriate mitigation measures. SRC Chapter 809 establishes requirements for notification of DSL when an application for development is received in an area designated as a wetland on the official wetlands map. PAR19-13 November 26, 2019 Page 14

The Salem-Keizer Local Wetland Inventory (LWI) does not identify any wetlands on the subject property. As proposed, the tentative partition plan conforms to all applicable SRC Chapter 809 requirements.

SRC Chapter 810 (Landslide Hazards): City’s landslide hazard ordinance (SRC Chapter 810) establishes standards and requirements for the development of land within areas of identified landslide hazard susceptibility. According to the City’s adopted landslide hazard susceptibility maps, there no areas of landslide susceptibility on the subject property.

SRC 205.005(d)(2): The tentative partition plan does not impede the future use or development of the property or adjacent land.

Finding: The proposed partition would divide a 0.22 acre property into two proposed parcels with no remainder. The proposed partition would not impede the future use or development of any portion of the property. The adjoining properties are developed and have access to public streets.

The proposed configuration of parcels allows for the future development of the site consistent with applicable zoning standards. The property’s existing frontages on Park Avenue NE and Camry Court NE are sufficient to provide access to each of the proposed parcels. The proposal does not adversely affect the safe and healthful development of adjacent properties. The proposal meets this criterion.

SRC 205.005(d)(3): Development within the tentative partition plan can be adequately served by City infrastructure.

Finding: The subject property is within the Urban Service Area. Public Works Department staff reviewed the proposal and determined that water and sewer infrastructure are available along the perimeter of the site and are adequate to serve the property as shown on the applicant’s preliminary partition plan. As specified in the conditions of approval, private water, sewer, and storm services shall be constructed to serve each lot as a condition of plat approval. Construction of facilities in the right-of- way is required prior to final plat except as authorized in an improvement agreement per SRC 205.035(c)(7)(B).

The proposed development is subject to SRC Chapter 71 and the revised PWDS as adopted in Administrative Rule 109, Division 004. To demonstrate the proposed parcels can meet the PWDS, the applicant shall submit a tentative stormwater design prior to final plat approval. For a tentative stormwater design, the applicant shall submit infiltration test results, the Simplified Method Form or Engineering Method Report as applicable, and a preliminary site plan showing the building envelope and tentative location of stormwater facilities.

All public and private City infrastructure proposed to be located in the public right-of-way shall be constructed or secured per SRC 205.035(c)(7)(B) prior to final plat approval. PAR19-13 November 26, 2019 Page 15

Any easements needed to serve the proposed parcels with City infrastructure shall be shown on the final plat.

As conditioned, the proposal meets this criterion.

SRC 205.005(d)(4): The street system in and adjacent to the tentative partition plan conforms to the Salem Transportation System Plan.

Finding: Park Avenue NE is fully improved but lacks adequate right-of-way. However, right-of-way is not warranted along this frontage pursuant to Public Works Department Policy GM 4-11. The proposed development is subject to a special setback equal to 30 feet from centerline on the development side of Park Avenue NE.

As conditioned above, this criterion is met.

SRC 205.005(d)(5): The street system in and adjacent to the tentative partition plan is designed so as to provide for the safe, orderly, and efficient circulation of traffic into, through, and out of the partition.

Finding: Pursuant to SRC 803.040, construction of a half-street improvement is warranted along the frontage of Camry Court NE. Improvements shall include the installation of a curb-line sidewalk, landscape strip, and street trees. The applicant is required to install street trees to the maximum extent feasible in conformance with SRC Chapter 86 and PWDS, as identified in the conditions of approval.

As conditioned above, this criterion is met.

SRC 205.005(d)(6): The tentative partition plan takes into account the topography and vegetation of the site so the need for variances is minimized to the greatest extent practicable.

Finding: The proposed partition has been reviewed to ensure that adequate measures have been planned to alleviate natural or fabricated hazards and limitations to development, including topography and vegetation of the site. The layout allows for reasonable development of all parcels within the partition without variances from the UDC. The proposal meets this criterion.

SRC 205.005(d)(7): The layout, size, and dimensions of the parcels within the tentative partition plan take into account the topography and vegetation of the PAR19-13 November 26, 2019 Page 16

site, such that the least disruption of site, topography, and vegetation will occur from the reasonable development of the parcels.

Finding: As described in findings above, the proposed partition has been reviewed to ensure that adequate measures have been planned to alleviate natural or fabricated hazards and limitations to development, including topography and vegetation of the site. The layout allows for reasonable development of all parcels within the partition without variances from the UDC. The site is relatively flat. The application is proposing to retain the existing single family dwelling on proposed Parcel 1, further limiting the amount of site disturbance that will be required in the future.

The proposal meets this criterion.

SRC 200.005(d)(8): When the tentative partition plan is for property located more than 300 feet from an available sewer main, and the property will not connect to City water and sewer:

(A) The property is zoned residential;

(B) The property has received a favorable site evaluation from the county sanitarian for the installation of an on-site sewage disposal system; and

(C) The proposed parcels are at least 5 acres in size and, except for flag lots, have no dimension that is less than 100 feet.

Finding: The site is served by available sewer and water. Therefore, this criterion does not apply.

9. Conclusion

Based upon review of SRC 205.005, the findings contained under Section 8 above, and the comments described, the tentative partition plan complies with the requirements for an affirmative decision. Approval will not adversely affect the safe and healthful development and access to any adjoining lands.

IT IS HEREBY ORDERED

That Tentative Partition Plan Case No. 19-13, to divide approximately 0.22 acres into 2 parcels, with Parcel 1 consisting of 5,086 square feet and Parcel 2 consisting of 4,345 square feet, for property zoned RS (Single Family Residential), and located at 1195 Park Avenue NE is hereby APPROVED subject to the applicable standards of the Salem Revised Code, the findings contained herein, and the conditions of approval listed below, which must be completed prior to final plat approval, unless otherwise indicated:

Condition 1: Proposed Parcel 2 shall be a minimum of 70 feet deep and 4,000 square feet in area after right-of-way dedication on Camry Court NE.

PAR19-13 November 26, 2019 Page 17

Condition 3: Obtain permits for installation of water services to serve Parcel 2.

Condition 4: Construct sewer services that are proposed in the public right-of-way.

Condition 6: Convey for dedication of right-of-way equal to 25 feet from centerline to accommodate the required street improvements along the property frontage of Camry Court NE.

Condition 7: Complete the half-street improvement along the frontage of Camry Court NE to Local cul-de-sac street standards. This includes curb-line sidewalk, landscape strip, and street trees.

Condition 8: Provide a 10-foot-wide public utility easement along the entire frontage of Park Avenue NE and Camry Court NE.

______

Pamela Cole, Planner II, Planning Administrator Designee

Attachments: A. Vicinity Map B. Applicant’s Tentative Partition Plan C. Applicant’s Written Statement on Tentative Partition Plan D. City of Salem Public Works Department Comments

Application Deemed Complete: September 9, 2019 Notice of Decision Mailing Date: November 26, 2019 Decision Effective Date: December 12, 2019 State Mandated Decision Date: January 7, 2020

The rights granted by this decision must be exercised or extension granted by December 12, 2021, or this approval shall be null and void. PAR19-13 November 26, 2019 Page 18

A copy of the complete Case File is available for review during regular business hours at the Planning Division office, 555 Liberty Street SE, Room 305, Salem OR 97301.

This decision is final unless written appeal from a party with standing to appeal, along with an appeal fee, is filed with the City of Salem Planning Division, Room 305, 555 Liberty Street SE, Salem, Oregon 97301, no later than Wednesday, December 11, 2019 by 5:00 p.m. The notice of appeal must contain the information required by SRC 300.1020. The notice of appeal must be filed in duplicate with the City of Salem Planning Division. The appeal fee must be paid at the time of filing. If the notice of appeal is untimely and/or lacks the proper fee, the notice of appeal will be rejected. The Salem Planning Commission will review the appeal at a public hearing. The Planning Commission may amend, rescind, or affirm the action or refer the matter to staff for additional information.

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SALEM FIRE DEPARTMENT – 370 TRADE ST. SE, SALEM, OR 97301 – (503) 588-6245

December 24, 2019

Shelley Hauser 1190 Camry Court NE Salem, Oregon 97301

RE: Parking concerns on Camry Court

Dear Shelley:

I am in receipt of your December 11, 2019 letter in which you have expressed your concern with the on-street parking and impact to emergency vehicle access given the width of the roadway in this area.

In looking at the width of the street and taking into account the narrowing that occurs with on- street parking, I am in agreement that emergency vehicle access could be hampered on any given day depending on where and how vehicles are parked.

After conducting research into these concerns and evaluating the City sub-division decision made in 1992, it appears to me that on street parking is prohibited on the west side of Camry Court and in the turnaround.

It is my understanding that the City Public Works department will be re-posting the no parking signs on the west side of the street and the turnaround which I believe will help maintain a street width conducive for emergency vehicle access.

Thank you for bringing this to our attention. Please let me knows if this continues to be a problem after the new signage is put in place.

Sincerely,

Greg Hadley Assistant Chief Salem Fire Department

❖ Reasonable accommodation and accessibility services will be provided upon request ❖ Servicios razonables de alojamiento y accesibilidad se facilitáran por petición