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 in regard to proposed amendments to Title 16 of the City’s Municipal Code (Development Code). Date & Time: City Council, March 7, 2017 at 7:00 p.m. Hearing Location: City Hall, 16000 SE Misty Dr. Happy Valley, OR 97086; Local File No.: ANN-04-15/CPA-09-15/LDC-10-15 (Prestige Care, Inc. and Derby-Heinz Partnership). Proposal: Annexation and Comprehensive Plan/Zoning Map Amendment by Prestige Care, Inc. and Derby-Heinz Partnership on remand from the Land Use Board of Appeals (LUBA). The application has been modified on remand to include additional properties owned by Derby-Heinze Partnership. The proposal by Prestige Care and Derby-Heinze is to annex a 7.04-acre parcel, currently owned by North Clackamas School District No. 12 (NCSD#12), and four public utility easement tracts adjacent to Johnson Creek Boulevard, along with a portion of Johnson Creek Boulevard. The proposal also includes a Comprehensive Plan/Zoning Map Amendment on the NCSD#12 parcel from the existing Clackamas County zoning district of Urban Low Density Residential (R-15) to a City of Happy Valley plan designation/zoning district of Mixed Use Commercial (MUC) with specific use limitations on the parcel. The use limitations will restrict development of the property to a Senior Housing/Assisted Living Facility. The Derby-Heinze tracts are currently zoned Clackamas County R-15 and the zoning on the tracts will be changed to the corresponding City of Happy Valley plan/designation/zoning district of Very Low Density Residential (R-15). The tracts are dedicated public utility easements which will not allow the tracts to be put to any new uses as a result of the annexation. Location: The NCSD#12 parcel is located at the northwest corner of the intersection of Johnson Creek Blvd. and Bristol Park Drive and is further described as Clackamas County Assessor Map Number 12E-28AD-10200. The Derby-Heinze tracts abut the portion of Johnson Creek Boulevard to be annexed and are further described as Clackamas County Assessor Map Numbers: 12E-28AD-10500 (Tract W), 10600 (Tract M), 10900 (Tract P), and 10800 (Tract O). The portion of Johnson Creek Boulevard to be annexed runs from the northwest corner of Tract O, east to the City of Happy Valley limits. Applicant: Prestige Care, Inc. and Derby-Heinz Applicable Criteria: Applicable policies and criteria of the Oregon Statewide Planning Goals; Oregon Revised Statutes; Metro Functional Plan; City of Happy Valley Comprehensive Plan and Title 16 of the City’s Municipal Code (Land Development Code). Staff Contact: Michael D. Walter, AICP, 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 staff report and the applicants’ presentation. Testimony should be limited to the addition of the Derby-Heinze tracts to the application and the change to a triple majority annexation under ORS 222.170. 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 02/15/2017. CLK15883464

ad: 15883464

Publication: OPC Legals

Section: OPC Legals

Start Date: 02/15/2017

End Date: 02/15/2017