To place a legal notice ad
Please email us at:
legals@commnewspapers.com
or contact Louise Faxon
at 503-546- 0752

Posts Tagged ‘City of Happy Valley’

NOTICE OF BALLOT TITLE

NOTICE OF BALLOT TITLE
Notice is hereby given that the City of Happy Valley, Oregon, at its July 15, 2014 City Council Meeting, signed Resolution 14-16 calling for an election to submit to city voters the continuation of dedicated services and increase of a local option tax for public safety.  The ballot title will be as follows:

CAPTION:        FIVE YEAR POLICE SERVICES LOCAL OPTION TAX

QUESTION:    Shall Happy Valley levy a tax of $1.65 per thousand for police services for 5 years starting in 2015?

This measure may cause property taxes to increase more than three percent.

SUMMARY:    If passed, the measure would continue police and other public safety services in the City for five (5) more years, i.e., until June 30, 2020. The current levy for police services ends June 30, 2015.

The measure would increase the levy rate from $1.38 per $1,000.00 of assessed value to $1.65 per $1000.00 of assessed value generating approximately $3.1 million annually for police and related services; the expiring levy generates approximately $2.74 million for those services.

Passage will allow for:

* Maintaining 24/7 police services
* Increasing staffing levels to two (2) sworn uniformed officers per shift
* Provide  contingency fund  of 10% for emergency events; and
* Fund police services without additional general fund monies

For an average property in Happy Valley (with an assessed value of $300,000.00) the levy increases taxes for police services from $414.00 (under the current levy) to $495.00 under the proposed levy annually.

A no vote ends dedicated police protection within the City and results in only those services by the Sheriff available to unincorporated areas outside the Enhanced Law Enforcement District.

Any city elector dissatisfied with the ballot title may petition the Clackamas County Circuit Court seeking a different title and stating the reasons the title is insufficient, not concise, or unfair.  The petition must be filed not later than August 5, 2014 pursuant to ORS 250.296.

Please direct any questions regarding this Resolution to Marylee Walden, City Recorder.

Marylee Walden
City Recorder
City of Happy Valley
503-783-3826
maryleew@happyvalleyor.gov
Publish 07/23/2014.                                            CLK13150

NOTICE OF PUBLIC WORKSHOP

NOTICE OF PUBLIC WORKSHOP
City of Happy Valley Design Review Board

Notice is hereby given that the City of Happy Valley Design Review Board will hold a public workshop on the following date in regard to the informal consideration of study materials associated with Design Review of commercial buildings.

Date & Time:        Design Review Board, July 21, 2014 at 7:00 p.m.

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

File & Subject:        Informal Review of Study Materials

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

The materials 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 07/16/2014.                                            CLK13142

NOTICE OF PUBLIC HEARING

NOTICE OF PUBLIC HEARING
City of Happy Valley Planning Commission

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 70-lot Planned Unit Development.

Date & Time:        Planning Commission –
Tuesday, July 8, 2014 at 7:00 p.m.
REVISED DATE:    Tuesday, July 22, 2014 at 7:00 p.m.

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

File & Subject:        File No. PUD-04-14 70-LOT PLANNED UNIT
DEVELOPMENT SUBDIVISION

Proposal:    70-Lot Planned Unit Development to allow development of a 70-lot PUD subdivision on 6.55 acres.

Location:    22E12D: Tax Lot 1700; At the northwest corner of Hwy 224 and Goosehollow Drive, adjacent to “Windswept Waters” (Phase 1).

Applicant:            Crest View Townhomes LLC

Applicable Criteria: 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 16.22, 16.41, 16.42, 16.43, 16.50, 16.61 and 16.63.

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, Thursday, June 12, 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 07/16/2014.                                        CLK13141

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 Master Plan Amendment and PUD Amendment:

Date & Time:        Planning Commission–
Tuesday, May 13, 2014  at 7:00 p.m.
REVISED DATE:    Tuesday, July 22, 2014 at 7:00 p.m.

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

File & Subject:    File No. MPA-01-14 / PUDA-03-14:
TARALON MASTER PLAN AMENDMENT AND PUD AMENDMENT.

Proposal:            Master Plan Amendment / PUD Amendment to
allow amendment of an approved Master Plan and PUD to permit reconfiguration of lots, open space tracts and street system; increasing total dwelling units from 106 to 119 and adding 24,459 square feet of open space.

Location:    22E01D: Tax Lots 3100, 3200, 3300, 3400, 4800, 4900, 5000;  22E01ADA: Tax Lots 11100 and 11300; southeast of the intersection of SE 157th Avenue and SE Nightingale Avenue.

Applicant:            D.R. Horton, Inc.

Applicable Criteria: 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 16.22, 16.41, 16.42, 16.43, 16.50, 16.62, 16.63, 16.65, and 16.66.

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, Friday, April 25, 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 07/16/2014.                                            CLK13140

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 12th day of August, 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        HOP-01-14
HOME OCCUPATION PERMIT -
REIMBURSEMENT MANAGEMENT CONSULTANTS, INC.

Dana Brown (applicant) is requesting approval of a Home Occupation Permit to utilize an existing outbuilding located at 13255 SE Caldera Court as an office for a healthcare consulting business. The subject property can be further described as Clackamas County Assessor Map No. 12E26DC: Tax Lot 3100. The proposed home occupation will require three employees – two on-site at a time – to report to work at the subject property. Customers or clients of the business will not come to the office. The applicant has provided a site plan (attached) that illustrates the location of business and location(s) for off-street employee parking.

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 Section 16.69.020 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 Friday, July 18, 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 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 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.

___________________________
Steve Koper
Associate Planner

Publish 07/23/2014.                                            CLK13133

NOTICE OF PUBLIC HEARING

NOTICE OF PUBLIC HEARING
City of Happy Valley Design Review Board

Notice is hereby given that the City of Happy Valley Design Review Board will hold a public hearing on the following date in regard to the proposed 70 Single-family Attached Dwelling Units.

Date & Time:    Design Review Board – Monday, July 21, 2014
at 7:00 p.m.

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

File & Subject:        File No. DR-02-14 70 SINGLE-FAMILY ATTACHED
DWELLING UNITS

Proposal:            Major Design Review approval of 70 single-family
attached dwelling units (primarily grouped in buildings containing four or six attached dwelling units).

Location:    22E12D: Tax Lot 1700; At the northwest corner of Hwy 224 and Goosehollow Drive, adjacent to “Windswept Waters” (Phase 1).

Applicant:            Crest View Townhomes LLC

Applicable Criteria:    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 16.22, 16.41, 16.42, 16.43, 16.50, 16.61 and 16.62.

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 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, Thursday, June 12, 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 this 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 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 06/25/2014.                                            CLK13103

PUBLIC NOTICE

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 and City Council will hold public hearings at the City of Happy Valley City Hall, 16000 SE Misty Drive, in the City of Happy Valley, Oregon, on the following dates and times in regard to the below matter: Planning Commission: Tuesday, June 10, 2014 and City Council: Tuesday, July 1, 2014.

DOCKET NUMBER:
CPA-06-14/LDC-06-14/MP-02-14/PUD-02-14/ERP-02-14/ERP-06-14 “PIONEER HIGHLANDS”

The applicant, The Holt Group, Inc, is requesting concurrent approval of a Master Plan (and associated Comprehensive Plan Map/Zoning Map Amendment), 66-Lot Planned Unit Development and two Environmental Review Permits (one for steep slopes and one for natural resources) on four Lots of Record located on Scouters Mtn., just to the east of “Jackson Hills – Phase 3” and to the west of SE Vradenburg Road. The subject site totals 29.1 acres in size and contains both steep slopes and natural resources, as defined by the City’s Development Code. As required by the City’s Development Code, a Master Plan necessitates the applicant to amend the City’s Comprehensive Plan Map/Zoning Map to apply the City’s Planned Development Overlay Zone to the subject site. The attached exhibits depict the location and existing conditions of the subject site as well as the proposed site plan, landscape plan, utility plan, neighborhood circulation plan and grading/erosion control plan. The subject properties can be further described as Clackamas County Assessor Map Nos. 12E25D: Tax Lots 201, 202, 204 and 205.

The Planning Commission will make a recommendation to the City Council to approve, approve with conditions or deny the subject applications. Subsequently, the City Council will make the final decision to approve, approve with conditions or deny the subject applications in accordance with the 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 16.22, 16.32, 16.34, 16.41, 16.42, 16.43, 16.50, 16.61, 16.63, 16.65 and 16.67. Interested parties are invited to attend the hearings or to submit comments in writing prior to the first meeting. All written comments must be received by the City of Happy Valley by 5:00 p.m. on Friday, May 23, 2014 to be included in the Planning Commission and City Council packets – verbal or written testimony may also be entered into the record at the public 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 recommendation by the Planning Commission and the decision by the City Council on the applicant’s proposal 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 hearings bodies 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 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 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 05/14/2014. CLK13074

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