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Posts Tagged ‘City of Happy Valley’

TRUSTEE’S NOTICE OF SALE

TRUSTEE’S NOTICE OF SALE
The Trustee, under the terms of the Deed of Trust described herein, at the direction of the Beneficiaries, hereby elects to sell the property described in said Deed of Trust to satisfy the obligations secured thereby. A. PARTIES TO THE DEED OF TRUST: Grantor: DAVID SMITH, Trustee: ROBERT A. SMEJKAL, Beneficiaries: GORDON C. GALLIC, his successors and/or assigns, as to an undivided 26.3158%, PAULA RINI, her successors and/or assigns, as to an undivided 43.8597% interest, and REX BALLENGER, his successors and/or assigns, as to an undivided 29.8245% interest. B. DESCRIPTION OF THE PROPERTY: “Lot 140, JACKSON HILLS NO. 3, in the City of Happy Valley, Clackamas County, Oregon.” C. DEED OF TRUST INFORMATION: Dated: September 21, 2011, Recording Date: September 28, 2011, Recorder’s No.: 2011054889, Recording Place: Clackamas County Official Records. D. DEFAULT: The Grantor is in default and the Beneficiaries elect to foreclose the Deed of Trust by reason of the Grantor’s failure to pay monthly installments in the amount of $3,271.57 each, commencing with the payment due November 27, 2013, and continuing each month thereafter. E. AMOUNT DUE: By reason of the default, the Beneficiaries have declared all sums owing on the obligation secured by the Deed of Trust immediately due and payable, those sums being the principal amount of $285,000.00, plus interest at the rate of 10.375% per annum from October 27, 2013, until paid; plus late fees, attorney fees and foreclosure costs, and amounts, if any, advanced by the Beneficiaries pursuant to the Deed of Trust and/or applicable law, together with interest thereon. F. ELECTION TO SELL: NOTICE IS HEREBY GIVEN that the Beneficiaries and the Trustee, by reason of said default, have elected, and do hereby elect, to foreclose said Deed of Trust by advertisement and sale pursuant to Oregon Revised Statutes §86.705 et seq., and to cause to be sold at public auction to the highest bidder, for cash or certified funds, the interest in said described property which Grantor had, or had the power to convey, at the time of the execution of the Deed of Trust, together with any interest the Grantor acquired after the execution of the Deed of Trust, to satisfy the obligations secured by said Deed of Trust together with the expenses of sale, including the compensation of the Trustee as provided by law, and the reasonable fees of the Trustee’s attorney. G. DATE, TIME AND PLACE OF SALE: Date & Time: June 6, 2014, at 10:00 a.m. Place: At the front steps of the former Main Street entrance of the Clackamas County Courthouse, 807 Main Street, Oregon City, Oregon. H. RIGHT TO REINSTATE: NOTICE IS FURTHER GIVEN that at any time prior to five (5) days before the sale, this foreclosure proceeding may be dismissed and the Deed of Trust reinstated by payment to the Trustee of the entire amount then due (other than a portion of the principal as would not then be due had no default occurred), and by curing any other default complained of herein that is capable of being cured by tendering the performance required under the obligation or Deed of Trust, and in addition to paying said sums or by tendering the performance necessary to cure the default, by paying all costs and expenses to the Trustee actually incurred by the Beneficiaries and the Trustee in enforcing the obligation and Deed of Trust, together with Trustee’s fees and attorney’s fees. I. NOTICE: The Federal Fair Debt Practices Act requires we state that this is an attempt to collect a debt and any information obtained will be used for that purpose. J. NOTICE TO RESIDENTIAL TENANTS. The Notice to Residential Tenants section contained in the Trustee’s Notice of Sale is not being published pursuant to ORS 86.750(2)(b). K. LEGAL ASSISTANCE: If you believe you need legal assistance, contact the Oregon State Bar and ask for the lawyer referral service. Contact information for the Oregon State Bar is included with this notice. If you do not have enough money to pay a lawyer and are otherwise eligible, you may be able to receive legal assistance for free. Information about whom to contact for free legal assistance is included with this notice. You may have additional rights under ORS 86.755(5) and under federal law. Oregon State Bar, Lawyer Referral Service, 16037 SW Upper Boones Ferry Road, Tigard, OR 97224. Mailing address: P.O. Box 231935, Tigard, OR 972811935. (503) 6843763 / (800) 452-7636, Toll-free 9:00 a.m. to 5:00 p.m. weekdays, http: //www.osbar.org, http: //www.oregonlawhelp.org. Legal Aid Services of Oregon, Portland Regional Office, 921 SW Washington Street, Suite 500, Portland, OR 97205, (503) 224-4086 or 1-800-228-6958, Monday – Friday, 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m. Consumer queries and mortgage foreclosure information: (855) 480-1950, Federal loan modification programs: http: //www.makinghomeaffordable.gov. L. MISCELLANEOUS: In construing this Notice, the singular includes the plural, the word “Grantor” includes any successor in interest to the Grantor, as well as any other person owing an obligation, the performance of which is secured by the Deed of Trust, and the words “Trustee” and “Beneficiaries” include their respective successors in interest, if any. DATED this 23rd day of January, 2014. ROBERT A. SMEJKAL, Trustee, PO Box 1758, Eugene, OR 97440.
Publish 04/09, 04/16, 04/23, 04/30/2014. CLK13036

NOTICE OF PUBLIC HEARING

NOTICE OF PUBLIC HEARING
City of Happy Valley City Council

Notice is hereby given that the City of Happy Valley City Council will hold a public hearing on the following date and subject:

Date & Time: Tuesday, April 15, 2014, 7:00 p.m.

Hearing Location: Happy Valley City Hall, 16000 SE Misty Dr., Happy Valley, OR 97086

File & Subject: APP-01-14, Appeal of File Number DR-07-13

Proposal: Appeal of the Design Review Board’s approval of a 4,386 square-foot McDonald’s fast-food restaurant, submitted by McDonald’s USA, LLC.

Location: 22E03AA: Tax Lots 400 and 500

Appellants: Sam & Bomen Ngan; Bill Hudson; Kim & Dan LaPointe; Gail Smith; Maura Barajas; Freddy Santiago; and Barbra Peraza Santiago

Applicable Criteria: City of Happy Valley Land Development Code
(LDC): Title 16, Chapters 16.23; 16.41; 16.42; 16.43; 16.44; 16.46; 16.50; and 16.62.

Staff Contact: Michael Walter, Economic & Community
Development Dir. (503) 783-3839
Justin Popilek, Senior Planner (503) 783-3810

This hearing is being scheduled due to an appeal having been filed against the Design Review Board’s decision to approve File Number DR-07-13, which occurred at a public hearing that was held on February 24, 2014.

Interested parties are invited to attend the scheduled hearing or to submit comments in writing prior to the meeting time. Those wishing to present verbal testimony, either pro, con, or to raise questions, will be asked to speak after presentation of the staff report. Testimony should pertain to the applicable criteria.

Failure to raise an issue in person, or by letter at the hearing, or failure to provide statements or evidence sufficient to afford the City Council an opportunity to respond to the issue, means that an appeal based on that issue cannot be filed with the State Land Use Board of Appeals. The failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow the City Council to respond to the issue precludes an action for damages in circuit court.

The decision-making criteria, application and all materials submitted by the applicant/appellants and records concerning this matter are available at the City of Happy Valley City Hall at the above address during working hours (8:00 a.m. to 5:00 p.m. weekdays), please call for an appointment. The City’s staff report, findings of fact and staff recommendation are generally available seven days prior to the public hearing date. For additional information, contact Justin Popilek, Senior Planner at the above address and phone number.

The meeting site is accessible to handicapped individuals. Assistance with communications (visual, hearing) must be requested 72 hours in advance by contacting Marylee Walden, City Recorder at the above phone number.

Notice to mortgagee, lien holder, vendor, or seller: The City of City of Happy Valley Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser.
Publish 03/26/2014. CLK13025

NOTICE OF PUBLIC HEARING

CITY OF HAPPY VALLEY
16000 SE MISTY DRIVE
HAPPY VALLEY, OREGON 97086
(503) 783.3800
FAX: (503) 658.5174
________NOTICE_______
NOTICE IS HEREBY GIVEN that the Happy Valley Planning Commission will hold a public hearing on the 11th day of March, 2014 at the hour of 7:00 p.m. at the City of Happy Valley City Hall, 16000 SE Misty Drive, in the City of Happy Valley, Oregon, in regard to the following matter:

DOCKET NUMBER CUP-01-14

CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATION FACILITY W/150-FOOT MONOPOLE

Odelia Pacific, applicant, is requesting approval of a Conditional Use Permit to allow for the construction of a wireless communication facility on an approximately 5.78-acre parcel of land located at 14915 SE 172nd Avenue. This wireless communication facility is proposed to consist of a 150-foot monopole or tower (built to 120 feet, with a 30-foot extension proposed to occur in the future), an equipment shelter, a 50’ x 50’ fenced enclosure (surrounded by a 10-foot wide landscaped buffer), an access drive and single vehicular parking stall. The Planning Commission will evaluate the applicant’s proposal based on multiple criteria found within the City’s Development Code (see below for a list of applicable chapters). The development site has a land use zoning designation of Industrial Campus and is located approximately 350 feet southwest of the intersection of SE Rock Creek Boulevard and SE Parklane Drive. The subject property can further be described as Clackamas County Assessor Map Nos. 23E07B Tax Lot 420.

The Planning Commission may approve, approve with conditions or deny the subject application in accordance with the applicable policies and sections of the City of Happy Valley Comprehensive Plan and Chapters 16.22, 16.42, 16.44, 16.61 and 16.64 of the City of Happy Valley Development Code. Interested parties are invited to attend this hearing or to submit comments in writing prior to the meeting time. All written comments must be received by the City of Happy Valley by 5:00 p.m. on Wednesday, February 26, 2014 to be included in the Planning Commission packet – verbal or written testimony may also be entered into the record at the public hearing. Those wishing to present verbal testimony, either pro, con, or to raise questions, will be asked to speak after presentation of the report. Testimony should pertain to the applicable criteria.

The decision of the Planning Commission will be made in accordance with the applicable criteria, and may be appealed per the provisions of the City’s Municipal Code. Failure to raise an issue in person, or by letter at the hearing, or failure to provide statements or evidence sufficient to afford the Planning Commission an opportunity to respond to the issue, means that an appeal based on that issue cannot be filed with the State Land Use Board of Appeals. The applicant and any person who submits written comments shall receive notice of the decision.

The failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow the Planning Commission to respond to the issue precludes an action for damages in circuit court.

The decision-making criteria, application and all materials submitted by the applicant and records concerning this matter are available at the City of Happy Valley City Hall at the above address during working hours (8:00 a.m. to 5:00 p.m. weekdays), please call for an appointment. The City’s staff report, findings of fact and staff recommendation are generally available seven days prior to the public hearing date. For additional information, contact Justin Popilek, Senior Planner at the above address and phone number.

The meeting site is accessible to handicapped individuals. Assistance with communications (visual, hearing) must be requested 72 hours in advance by contacting Marylee Walden, City Recorder at the above phone number.

Notice to mortgagee, lien holder, vendor, or seller: The City of City of Happy Valley Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser.
____________________________

Justin Popilek
Senior Planner
Publish 02/12/2014. CLK12998

NOTICE OF PUBLIC HEARING

NOTICE OF PUBLIC HEARING
City of Happy Valley Design Review Board and Planning Commission

Notice is hereby given that the City of Happy Valley Design Review Board and Planning Commission will hold separate public hearings on the following dates in regard to a design review application and variance request associated with a proposed 4,400 square-foot McDonald’s fast food restaurant.

Date & Time: Planning Commission (Floor Area Ratio Variance) – February 11, 2014 at 7:00 p.m.
Design Review Board (Design Review of Project) – February 24, 2014 at 7:00 p.m.

Hearing Location: City Hall, 16000 SE Misty Drive,
Happy Valley, OR 97086;

File & Subject: File Nos. DR-07-13 (Design Review) and VAR-03-13 (Floor Area Ratio Variance);

Proposal: Design Review of a 4,400 square-foot McDonald’s and an associate Floor Area Ratio Variance.

Location: 22E03AA: Tax Lots 400 and 500

Applicant: McDonald’s USA, LLC

Applicable Criteria: Applicable Policies from the City of Happy Valley Comprehensive Plan; Title 16 (Development Code) of the City of Happy Valley Municipal Code, including Chapters 16.23, 16.41, 16.42, 16.43, 16.44, 16.46, 16.50, 16.51, 16.61, 16.62 and 16.71.

Staff Contact: Justin Popilek, Senior Planner,
503-783-3810

Interested parties are invited to attend the hearings or to submit comments in writing prior to the meeting times. Written testimony may be submitted in advance or in person at the hearings. Those wishing to present verbal testimony, either pro, con, or to raise questions, will be asked to speak after presentation of the staff report.

Testimony should pertain to the applicable criteria. The decision on the variance request by the Planning Commission will be made in accordance with said criteria. Failure to raise an issue in writing prior to or before the close of the written comment period, Friday, January 31, 2014 by 5:00 p.m. or failure to provide sufficient specificity at the public hearing to afford the Planning Commission an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based upon that issue. The applicant and any person who submits written comments shall receive notice of the decision.

The decision on the Design Review of the McDonald’s by the Design Review Board will be made in accordance with said criteria. Failure to raise an issue in writing prior to or before the close of the written comment period, Friday, February 7, 2014 by 5:00 p.m. or failure to provide sufficient specificity at the public hearing to afford the Design Review Board an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based upon that issue. The applicant and any person who submits written comments shall receive notice of the decision.

The failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow the Commission or Board to respond to the issue precludes an action for damages in circuit court.

The decision-making criteria, application, and records concerning this matter are available at the City of Happy Valley City Hall at the above address during working hours (8:00 a.m. to 5:00 p.m. weekdays), please call for an appointment. For additional information, contact Justin Popilek, Senior Planner, at the above address and phone number.

The meeting site is accessible to handicapped individuals. Assistance with communications (visual, hearing) must be requested 72 hours in advance by contacting Marylee Walden, City Recorder at 503 783-3826.
Publish 01/22/2014. CLK12982

NOTICE OF PUBLIC HEARING

NOTICE OF PUBLIC HEARING
City of Happy Valley Planning Commission and City Council

Notice is hereby given that the City of Happy Valley Planning Commission and City Council will hold public hearings on the following dates in regard to miscellaneous amendments to Title 16 of the City’s Municipal Code (Development Code).

Date & Time:   Planning Commission, February 11, 2013
    At 7:00 p.m.
    City Council, March 18, 2013 at 7:00 p.m.

Hearing Location:  City Hall, 16000 SE Misty Dr.
    Happy Valley, OR 97086;

File & Subject:   LDC-01-14 (Administrative Amendments).

Proposal:    Miscellaneous Land Development Code
Amendments focusing on Master Plans, Helicopter Landing Areas, Medical Marijuana Distribution Facilities, etc.

Location:    City Wide

Applicant:    City of Happy Valley

Applicable Criteria: Applicable Statewide Planning Goals; applicable Oregon Administrative Rule (OAR) sections; and, applicable Sections of Title 16 (Development Code) of the City of Happy Valley Municipal Code.

Staff Contact:  Michael D. Walter, Economic & Community Development Director, 503-783-3800

Interested parties are invited to attend this hearing or to submit comments in writing prior to the meeting time.  Written testimony may be submitted in advance or in person at the hearing.  Those wishing to present verbal testimony, either pro, con, or to raise questions, will be asked to speak after presentation of the reports. 

Testimony should pertain to the applicable criteria.  The decision will be made in accordance with said criteria, and may be appealed to the Land Use Board of Appeals.  Failure to raise an issue in writing prior to or before the close of the written comment period or failure to provide sufficient specificity at the public hearing to afford the decision-making body an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based upon that issue.  The applicant and any person who submits written comments shall receive notice of the decision.

The failure of the applicant to raise constitutional or other issues relating to proposed amendments without sufficient specificity to allow the decision-making body to respond to the issue precludes an action for damages in circuit court. 
 
The decision-making criteria, application, and records concerning this matter are available at the City of Happy Valley City Hall at the above address during working hours (8:00 a.m. to 5:00 p.m. weekdays), please call for an appointment.  For additional information, contact Michael D. Walter, Economic & Community Development Director, at the above address and phone number.

The meeting site is accessible to handicapped individuals.  Assistance with communications (visual, hearing) must be requested 72 hours in advance by contacting Marylee Walden, City Recorder at the above phone number.
Publish 01/15/2014.           CLK12979

NOTICE OF PUBLIC HEARING

NOTICE OF PUBLIC HEARING
City of Happy Valley Planning Commission & City Council

Notice is hereby given that the City of Happy Valley Planning Commission will hold a public hearing on the following date in regard to the proposed Home Occupation Permit:

Date & Time:    Planning Commission – February 11, 2014
    at 7:00 p.m.
   

Hearing Location:   City Hall, 16000 SE Misty Drive,  
Happy Valley, OR 97086;

File & Subject: File No. CPA-17-13/LDC-19-13: ZONE CHANGE APPLICATION.

Proposal: Zone change/plan change from Very low density residential (R-20) to Low density residential (R-7).

Location: 12E26DB: Tax Lots 500 and 600; south of SE Ridgecrest Road and east of SE 132nd Avenue.

Applicant: Mel Fox, Trustee of Mel Fox Revocable Living Trust

Applicable Criteria: Applicable Statewide Planning Goals; applicable City of Happy Valley Comprehensive Plan Policies; and applicable sections of the City of Happy Valley Municipal Code; Title 16-Land Development Code, including Chapters 16.67. 

Staff Contact: Steve Koper, Associate Planner,
503-783-3845
                          
Interested parties are invited to attend this hearing or to submit comments in writing prior to the meeting time.  Written testimony may be submitted in advance or in person at the hearing.  Those wishing to present verbal testimony, either pro, con, or to raise questions, will be asked to speak after presentation of the report. 

Testimony should pertain to the applicable criteria.  The approval of the Planning Commission will be made in accordance with said criteria.  Failure to raise an issue in writing prior to or before the close of the written comment period, Tuesday, January 28, 2014 by 5:00 p.m. or failure to provide sufficient specificity at the public hearing to afford the Planning Commission an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based upon that issue.  The applicant and any person who submits written comments shall receive notice of the decision.

The failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Commission to respond to the issue precludes an action for damages in circuit court. 

The decision-making criteria, application, and records concerning this matter are available at the City of Happy Valley City Hall at the above address during working hours (8:00 a.m. to 5:00 p.m. weekdays), please call for an appointment.  For additional information, contact Steve Koper, Associate Planner, at the above address and phone number.

The meeting site is accessible to handicapped individuals.  Assistance with communications (visual, hearing) must be requested 72 hours in advance by contacting Marylee Walden, City Recorder at 503 783-3826.
Publish 01/15/2014.      CLK12976

public hearing

CITY OF HAPPY VALLEY
16000 SE MISTY DRIVE
HAPPY VALLEY, OREGON 97086
(503) 783.3800
FAX: (503) 658.5174
________NOTICE_______
NOTICE IS HEREBY GIVEN that the Happy Valley Design Review Board will hold a public hearing on the 13th day of January, 2014 at the hour of 7:00 p.m. at the City of Happy Valley City Hall, 16000 SE Misty Drive, in the City of Happy Valley, Oregon, in regard to the following matter:

DOCKET NUMBER
DR-06-13 MAJOR DESIGN REVIEW OF 67 SINGLE-FAMILY ATTACHED UNITS
  
D.R. Horton, Inc., applicant, is requesting Major Design Review approval of 67 single-family attached dwelling units (primarily grouped in buildings containing two dwelling units).  The subject properties can be described as Lots 92-158 of Taralon Phase 2 and are located in an area “bound” by SE 157th Avenue (west), SE Sunnyside Road (north),  SE Kingbird Drive (south) and two partially developed commercial properties (east).  The subject properties are all zoned Mixed Use Residential Attached (MUR-A) and can further be described as Clackamas County Assessor Map Nos. 22E01DA: Tax Lots 100-7000.  The attached plans illustrate the applicant’s proposed building design and site improvements (landscaping, typical setbacks, etc.).  The Design Review Board will evaluate these items based on multiple design criteria found within the City’s Development Code. 

The Design Review Board may approve, approve with conditions or deny the subject application in accordance with the applicable policies and sections of the City of Happy Valley Comprehensive Plan and Chapters 16.22, 16.41, 16.42, 16.44, 16.50, 16.61, and 16.62 of the City of Happy Valley Development Code.  Interested parties are invited to attend this hearing or to submit comments in writing prior to the meeting time.  All written comments must be received by the City of Happy Valley by 5:00 p.m. on Monday, December 30, 2013 to be included in the Design Review Board packet – verbal or written testimony may also be entered into the record at the public hearing.  Those wishing to present verbal testimony, either pro, con, or to raise questions, will be asked to speak after presentation of the report.  Testimony should pertain to the applicable criteria. 

The decision of the Design Review Board will be made in accordance with the applicable criteria, and may be appealed per the provisions of the City’s Municipal Code.  Failure to raise an issue in person, or by letter at the hearing, or failure to provide statements or evidence sufficient to afford the Design Review Board an opportunity to respond to the issue, means that an appeal based on that issue cannot be filed with the State Land Use Board of Appeals.  The applicant and any person who submits written comments shall receive notice of the decision.

The failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow the Design Review Board to respond to the issue precludes an action for damages in circuit court. 

The decision-making criteria, application and all materials submitted by the applicant and records concerning this matter are available at the City of Happy Valley City Hall at the above address during working hours (8:00 a.m. to 5:00 p.m. weekdays), please call for an appointment.  The City’s staff report, findings of fact and staff recommendation are generally available seven days prior to the public hearing date.  For additional information, contact Justin Popilek, Senior Planner at the above address and phone number.

The meeting site is accessible to handicapped individuals.  Assistance with communications (visual, hearing) must be requested 72 hours in advance by contacting Marylee Walden, City Recorder at the above phone number.

Notice to mortgagee, lien holder, vendor, or seller: The City of City of Happy Valley Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser. 
        _____________________________
        Justin Popilek
        Senior Planner 
Publish 12/18/2013.           CLK12961

NOTICE OF PUBLIC HEARING

NOTICE OF PUBLIC HEARING
City of Happy Valley Planning Commission & City Council

Notice is hereby given that the City of Happy Valley Planning Commission will hold a public hearing on the following date in regard to the proposed Home Occupation Permit:

Date & Time:    Planning Commission – December 10, 2013 at 7:00 p.m.

Hearing Location:    City Hall, 16000 SE Misty Drive, Happy Valley, OR 97086;

File & Subject:        File No. HOP-03-13; Home Occupation Permit.

Proposal:    Home occupation permit to operate a hair and beauty salon business in a proposed garage addition to an existing single family residence.

Location:    12E26AB: Tax Lot 3500; 13620 SE Lucille Street, Happy Valley

Applicant:            Tina Kinnaman

Applicable Criteria: Applicable Policies from the City of Happy Valley
Comprehensive Plan; Title 16 (Development Code) of the City of Happy Valley Municipal Code, including Chapter 16.22 (RESIDENTIAL LAND USE DISTRICTS, Low density residential zones, R-10) and Chapter 16.69 (MISCELLANOUS PERMITS, Home occupation permits).

Staff Contact:        Steve Koper, Associate Planner, 503-783-3845

Interested parties are invited to attend this hearing or to submit comments in writing prior to the meeting time.  Written testimony may be submitted in advance or in person at the hearing.  Those wishing to present verbal testimony, either pro, con, or to raise questions, will be asked to speak after presentation of the report.

Testimony should pertain to the applicable criteria.  The approval of the Planning Commission will be made in accordance with said criteria.  Failure to raise an issue in writing prior to or before the close of the written comment period, Tuesday, November 5, 2013 by 5:00 p.m. or failure to provide sufficient specificity at the public hearing to afford the Planning Commission an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based upon that issue.  The applicant and any person who submits written comments shall receive notice of the decision.

The failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Commission to respond to the issue precludes an action for damages in circuit court.

The decision-making criteria, application, and records concerning this matter are available at the City of Happy Valley City Hall at the above address during working hours (8:00 a.m. to 5:00 p.m. weekdays), please call for an appointment.  For additional information, contact Steve Koper, Associate Planner, at the above address and phone number.

The meeting site is accessible to handicapped individuals.  Assistance with communications (visual, hearing) must be requested 72 hours in advance by contacting Marylee Walden, City Recorder at 503 783-3826.
Publish 11/13/2013.                                            CLK12934

NOTICE OF PUBLIC HEARING

NOTICE OF PUBLIC HEARING
City of Happy Valley City Council

Notice is hereby given that the City of Happy Valley City Council will hold a public hearing on the following date to consider the annexation of territory and a Comprehensive Plan/Zoning Map Amendment (rezoning the subject properties from the existing Clackamas County plan designations/zoning districts to equivalent City of Happy Valley plan designations/zoning districts) to the affected properties:

Date & Time:            City Council – December 3, 2013 at 7:00 p.m.

Hearing Location:        City Hall, 16000 SE Misty Drive, Happy Valley, OR 97086;

File & Subject:            File No. ANN-05-13/CPA-15-13/LDC-16-13;

Proposal:        Adoption of an Annexation Proposal and Associated Comprehensive Plan/Zoning Map Amendment to four tax lots.

Location:    Properties described as Clackamas County Assessor Map Nos. 22E12BB02900, 22E01CA02300, 22E02D 00705 and 22E02D 00703.

Applicant:            Various

Applicable Criteria:    Applicable Policies and Sections from the City of Happy Valley Comprehensive Plan; Title 16 (Development Code) of the City of Happy Valley Municipal Code, including Chapter 16.67 (COMPREHENSIVE PLAN MAP, SPECIFIC AREA PLANS, LAND USE DISTRICT MAP AND TEXT AMENDMENTS); the Metro Code; and, Oregon Statewide Planning Goals and Statutes.

Staff Contact:        Justin Popilek, Senior Planner, 503-783-3810

Interested parties are invited to attend this hearing or to submit comments in writing prior to the meeting time.  Written testimony may be submitted in advance or in person at the hearing.  Those wishing to present verbal testimony, either pro, con, or to raise questions, will be asked to speak after presentation of the report.

Testimony should pertain to the applicable criteria.  The approval of the City Council will be made in accordance with said criteria.  Failure to raise an issue in writing prior to or before the close of the written comment period, Thursday, November 21, 2013 by 5:00 p.m. or failure to provide sufficient specificity at the public hearing to afford the City Council an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based upon that issue.  The applicant and any person who submits written comments shall receive notice of the decision.

The failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Council to respond to the issue precludes an action for damages in circuit court.

The decision-making criteria, application, and records concerning this matter are available at the City of Happy Valley City Hall at the above address during working hours (8:00 a.m. to 5:00 p.m. weekdays), please call for an appointment.  For additional information, contact Justin Popilek, Senior Planner, at the above address and phone number.

The meeting site is accessible to handicapped individuals.  Assistance with communications (visual, hearing) must be requested 72 hours in advance by contacting Marylee Walden, City Recorder at 503 783-3826.
Publish 11/13/2013.                                            CLK12948

NOTICE OF PUBLIC HEARING

NOTICE OF PUBLIC HEARING
City of Happy Valley Planning Commission & City Council

Notice is hereby given that the City of Happy Valley Planning Commission will hold a public hearing on the following date in regard to the proposed Home Occupation Permit:

Date & Time:        Planning Commission – December 10, 2013 at 7:00 p.m.

Hearing Location:        City Hall, 16000 SE Misty Drive, Happy Valley, OR 97086;

File & Subject:        File No. CPA-16-13/LDC-18-13/MPA-01-13/PUDA-04-13: TARALON TOWNHOMES ZONE CHANGE AND MASTER PLAN/PUD AMENDMENT.

Proposal:        Zone change/plan change from Mixed Use Residential-Attached (MUR-A) to Mixed Use Residential-Single-Family (MUR-S), removal of the property from the Happy Valley Town Center Plan area and amendment of an approved Master Plan and PUD to permit modification of previously approved setbacks.

Location:        22E01DA: Tax Lots 7100-10400; southeast of the intersection of SE 157th Avenue and SE Kingbird Drive.

Applicant:                D.R. Horton, Inc.

Applicable Criteria:    Applicable Statewide Planning Goals; applicable City of Happy Valley Comprehensive Plan Policies; and applicable sections of the City of Happy Valley Municipal Code; Title 16-Land Development Code, including Chapters 16.66 and 16.67.

Staff Contact:            Steve Koper, Associate Planner, 503-783-3845

Interested parties are invited to attend this hearing or to submit comments in writing prior to the meeting time.  Written testimony may be submitted in advance or in person at the hearing.  Those wishing to present verbal testimony, either pro, con, or to raise questions, will be asked to speak after presentation of the report.

Testimony should pertain to the applicable criteria.  The approval of the Planning Commission will be made in accordance with said criteria.  Failure to raise an issue in writing prior to or before the close of the written comment period, Wednesday, November 27, 2013 by 5:00 p.m. or failure to provide sufficient specificity at the public hearing to afford the Planning Commission an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based upon that issue.  The applicant and any person who submits written comments shall receive notice of the decision.

The failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Commission to respond to the issue precludes an action for damages in circuit court.

The decision-making criteria, application, and records concerning this matter are available at the City of Happy Valley City Hall at the above address during working hours (8:00 a.m. to 5:00 p.m. weekdays), please call for an appointment.  For additional information, contact Steve Koper, Associate Planner, at the above address and phone number.

The meeting site is accessible to handicapped individuals.  Assistance with communications (visual, hearing) must be requested 72 hours in advance by contacting Marylee Walden, City Recorder at 503 783-3826.
Publish 11/13/2013.                                            CLK12946