MARION COUNTY BOARD OF COMMISSIONERS  Mu  OREGON Board Session Agenda Review Form  Meeting date: June 5, 2024 Department: Public Works  Title:  Consider adoption of an administrative ordinance granting Zone Change (ZC)21-010/Hattan  N/A  Management Update/Work Session Date: Time Required: 5 min  Audio/Visual aids Phone: 503-566-4174  Contact: Austin Barnes  Requested Action: Adopt the ordinance as written.  &B Issue, Background: Description  The Marion County Hearings Officer held a duly noticed public hearing on January 6, 2022 and on January 18, 2022, issued a decision approving the request. The Board received the decision and held the application fort the mandatory appeal period; no appeals were received. The ordinance and findings have been prepared and notice of the adoption was given on May 29, 2024. The Unless therei is an appeal, the zoning code provides that the board does not have to hold a hearing on this request because iti is for az zone change only; the comprehensive plan isn't changing. The underlying commercial comprehensive plan designation will remain the same.  administrative ordinance is now seti forf final consideration and adoption.  Financial Impacts:  None  Impacts to Department None & External Agencies:  List ofa attachments: Ordinance  Presenter: Department Head Signature:  Austin Barnes  7udt    BEFORE THE BOARD OF COMMISSIONERS FOR MARION COUNTY, OREGON  In the Matter oft the Application of: Landon Hattan  ) ) )  Case No. ZC21-010  AN ADMINISTRATIVE ORDINANCE ORDINANCENO.  THE MARION COUNTY BOARD OF COMMISSIONERS HEREBY ORDAINS AS  FOLLOWS: SECTIONI. Purpose  This matter comes before the Marion County Board of Commissioners ("Board") on the application ofLandon Hattan, to change the zone from UD (Urban Development) to RM (Multi Family Residential) on a 0.96 acrej parcel located at the 32001 block of Fisher Rdl NE., Salem. (T7S,  R2W, Section 07BB, Tax Lot 3400). SECTIONI II. Procedural History  The Marion County Hearings Officer held a duly noticed public hearing on this application on January 6, 2022, and issued a decision approving the zone change. Official notice was taken oft the Planning Division file and the Hearings Officer's recommendation. The Board has considered all the evidence ini the: record, all arguments ofthe parties and is otherwise fully advised regarding the  premises.  SECTION III. Adoption of Findings and Conclusion  After careful consideration ofa all facts and evidence in the: record, the Board adopts as its own the Findings of Fact and Additional Findings of] Fact and Conclusions ofLaw contained: in Section V and VI ofthe Hearings Officer's decision dated January 6, 2022, contained in Exhibit A, attached  hereto, and by this reference incorporated herein.  SECTIONIV.Action  Pursuant to ORS215.050, the requested zone change: from UD (Urban Development)t to. RM(Multi Family Residential) is hereby GRANTED, subject to conditions identified in Exhibit A, attached  hereto, and by this reference incorporated herein.  The property rezoned by this Ordinance is identified on a map in Exhibit B, attached hereto and by this reference incorporated herein. The Official Marion County Zoning Map shall be changed    pursuant to Marion County Code Section 17.110.660 to reflect the new zoning subject to conditions identified inl Exhibit B, attached hereto, and by this reference incorporated herein.  SECTION V. Effective Date  Pursuant to Chapter 1.10 of the Marion County Code, this is an Administrative Ordinance and shall take effect 21 days after the adoption and final signatures of the Marion County Board of  Commissioners.  SIGNED and FINALIZED this  day of  2024, at Salem, Oregon.  MARION COUNTY BOARD OF COMMISSIONERS  Chair  Recording Secretary  JUDICIAL NOTICE  Oregon Revised Statutes, Chapter 197.830, provides that land use decisions may be reviewed by the Land Use Board of Appeals by filing a notice ofintent to appeal within 21 days from the date  this Ordinance becomes final.    Exhibit A  BEFORE THE: MARION COUNTY HEARINGS OFFICER  In the Matter oft the Application of:  Casel No. ZC21-010 ZONE CHANGE  ) )  Landon Hattan  I. NATURE OF THE. APPLICATION  This matter came before the Marion County hearings officer on the application Landon Hattan to change the zone from Urban Development (UD) to Multi-Fammily Residential (RM) on a 0.96-acre parcel located at the 3200 block of Fisher Road, NE, Salem (T7S, R2W, Section 07BB, Tax Lot 3400).  II. RELEVANT CRITERIA  The standards and criteria relevant to this application are: found in the Marion County Code (MCC), title 16, especially MCC 16.39, and the Salem Area Comprehensive Plan (SACP), especially General Development Policies and  Commercial Development Policies,  II. HEARINGHIGHLIGHTS  A public hearing was held on the application on January 6, 2021. At the hearing, the Planning Division file was made part of the record. The following  persons appeared in person and provided testimony:  1, Lindsey. King 2, Landon Hattan  Planning Division Applicant  The hearings officer made the declaration required by ORS 197.763 and disclaimed any ex parte contacts, bias, or conflicts of interest. The hearings officer stated that the only relevant criteria were those identified in the staff report, that participants should direct their comments to those criteria, and failure to raise all  ZC21-010-ORDER Hattan  1    arguments may result in waiver of arguments at subsequent appeal forums, No objections were raised to notice, jurisdiction, bias, ex parte contacts, conflict of interest, or to evidence 01 testimony presented at the hearing. At the conclusion of  the public hearing, the. record was closed.  IV. EXECUTIVE SUMMARY  The Applicant requests a Zone Change from Urban Development (UD) to Multi-Family Residential (RM) on a 0,96-acre parçel located at the 3200 block of Fisher Road, NE, Salem, The Applicant has satisfied the relevant approval criteria for a zone change, and the hearings officer APPROVES the application,  V. FACTS  Thel hearings officer, after careful consideration ofthetestimony and evidence  in the record, issues the following findings of fact:  1. The applicant is Landon Hattan. The subject property is owned by Dean and 2, The subject property is located within the City of Salem Urban Growth Boundary (UGB) and is currently zoned Urban Development (UD). The applicant seeks to change the zoning to Multi-Family Residential (RM). 3. The subject property is a 0.96-acre parcel zoned UD located at the 3200 block of Fisher Road, NE, about 200 feet east ofi its intersection with Ward Drive, NE. The parcel is generally flat and is currently undeveloped. The property  Tran Nygyen and Van and Hoang Danthanh.  has approximately 170 feet of frontage on Fisher Road.  4, Adjacent properties are a mix of properties zoned Urban Development (UD), Multi-Family Residential (RM), and Public Amusement (PA). Properties to the north are zoned RM, Properties to both the west and east are zoned RM. To the south, there is a large parcel zoned PA that is within city limits. These properties contain a mixture of multi- and single-family uses.  ZC21-010-ORDER Hattan  2    5. Thel hearings officer is authorized to make thei initial decision on zone change applications. Any appeal of this decision is to the Marion County Board of  County Commissioners.  6, An applicant has the burden of proving all applicable standards and criteria are met. As explained in Riley Hill General Contractor, Inc. V. Tandy  Corporation, 303 Or390 at 394-95 (1987):  Preponderance of the evidence" means the greater weight of evidence. It is such evidence that, when weighed with that opposed to it, has more convincing force and is more probably true and accurate. If, upon any question in the case, the evidence appèars to be equally balanced, ori ifs you cannot say upon which side it weighs heaviet, you must resolve that question against the party upon whom thel burden of proofrests." (Citation omitted.) An applicant must prove, by substantial evidence in the whole reçcord, that it is more likely than not that each criterion is met. If the evidence for any criterion is equally likely or less likely, the applicant has not met its burden and the application must be denied. If the evidence for every criterion is in applicant's favor, then the burden of proofis met, and the application must be  approved.  7. City ofSalem Planning Division commented that the proposed zoning ofRM complies with Meprpetyrcompehemine plan designation ofMulti-Family Residential. Staff would prefer to see any future development at the site adhere to City of Salem development standards. Staff also commented that if annexation should occur prior to thej propety/sdevelopment, the development should comply with SRC 702: Multiple family Design Review Standards, as requested by the City of Salem, Staffrecommends approval of the proposal.  ZC21-010-ORDER Hattan  3    8. Marion County Fire District No, 1 made comments regarding the fire code 9. Salem-Keizer Public Schools commented that the proposed change would impact Yoshikai Elementary School, Stephens Middle School, and McKay High School. Citing to school capacity, current enrollment, and the average number of students per residence, Salem-Keizer Public Schools concluded that there would be an estimated four new students to the Elementary School, two new students to the Middle School, and two new students to the High School, driving the enrollment per capacity ratio to 102%, 93%, and 93% respectively. Salem-Keizer Public Schools commented that "Iclivic infrastructure needed to provide connectivity between the new residential development and the schools serving the new development will generally  requirements for commercial buildings.  require roads, sidewalks and bicycle lanes,"  10. All other contacted agencies either failed to comment or stated no objection  to the Applicant's proposal.  VI. DISCUSSION  Marion County Code (MCC) 16.39.050 provides the approval criteria for a  zone change inside an urban growth boundary:  "Approval of a zone change shall include findings that the change meets the "A. The proposed zone is appropriate for the Comprehensive Plan land use designation on the property and is consistent with the description and policies for the applicable Comprehensive Plan land use classification. "B. Adequate public facilities, services, and transportation networks are: in place, or are planned to bej provided concurrently with the development  following criteria:  oft the property.  ZC21-010- ORDER, Hattan  4    "C. The request shall be consistent with the purpose statement for the "D. Iftheproposed zone: allows uses morei intensive than uses in otherzones appropriate for the land use designation, the proposed zone will not allow uses that would significantly adversely affect allowed uses on  proposed zone,  adjacent properties zoned for less intensive uses."  MCC1 16.39.050(A)  MCC 16.39.050(A) requires that "the proposed zone is appropriate for the Comprehensive Plan land use designation" for the property. The applicable comprehensive plan is the Salem Area Comprehensive Plan (SACP). The SACP designation for the property is Multi-Family Residential and this Plan designation provides for the application of the RM zone proposed by the applicant. MCC 16.39.050(A) also requires that the proposed zone change is "consistent with the description and policies" for the applicable plan designation, The applicant and the  staff report identify a number of applicable policies. General Development Policy 7 provides:  "Structures and their siting in all residential, commercial, and industrial developments shall optimize the use ofland. The cumulative effect of all new.r residential development in the Salem urban area should average 6.5 dwelling units per gross acre of residential development. Development should minimize adverse alteration oft the natural terrain and watercourses, the potential for erosion and adverse effects upon the existing topography This policy is primarily directed at development, while the application only proposes to change the zone. rather than seek approval of any specific development. The property, however, is flat and requires little-to-no topographic alteration or  and soil conditions."  ZC21-010-ORDER Hattan  5    disturbance. There are no watercourses crossing the property. The proposed zone is  consistent with General Development Policy 7, General Development Policy 14 provides:  "Outdoor storage areas should be screened from public streets and This policy is also directed at development rather than merely a zone change. Under MCC 16,04.200, within a RM zone, landscaping requirements are required for any development. However, since this is only a zone change, this screening standard will be imposed upon development. Accordingly, the proposed zone is  adjaçent uses."  consistent with General Development Policy 14. General Development Policy 15 provides:  "Exterior lighting shall be designed to provide illumination to the site and not cause glare into the public right-of-ways and adjacent  properties."  This policy is also directed at development rather than merely a zone change. MCC 16.30.220, however, provides that lighting ofoutdoor storage or) parking areas must be directed away from adjacent residential properties and public streets. The development standards in MCC 16.04.100 reference compliance with Chapters 16,26 through 16.34 and will be applied on development of the property. The  proposed zone is consistent with General Development Policy 15.  Residential Development Policy 6j provides:  Multi-family housing shall bel located in areas proximate to existing or planned transportation corridors, public facilities and services:  ZC21-010-ORDER Hattan  6    A. To encourage efficient use of residential land and public facilities, development regulations shall require minimum densities for multiple family development zones, B, Development regulations shall promote a range ofdensities that encourage a variety ofhousing types; C. Multiple family developments shall be located in areas that provide walking, auto, or transit connections to:  (1) Employment centers; (2) Shopping areas; (3) Transit services; (4) Parks; (5) Public Buildings."  The density in the zone will allow development ofone unit per 1,500 square feet of site area. The applicant also provides evidence showing public facilities, services, and transportation corridors to demonstrate that any development located in the property will comply with Residential Development Policy 6. Transit connections are provided to Lancaster Drive, which provides employment centers, shopping areas, transit services, parks, and public buildings. Residential  Development Policy 6 can be met.  Residential Development Policy 7 provides:  Residential neighborhoods shall be served by transportation systems that provide access for pedestrian, bicycles, and vehicles while recognizing the neighborhoods physical constraints and transportation A. Thet transportation systems shall promote all modes of transportation and dispersal rather than concentration of  service needs:  through traffic  ZC21-010-ORDER Hattan  7    B. Through traffic shall be addressed by siting street improvements and road networks that serve new development SO that short trips can be made without driving C. The transportation system shall provide for a network of streets fitted to the terrain with due consideration for safety, drainage,  views, and vegetation."  The applicant described how the existing street framework creates arterials that provide both east-west and north-south access around the area, allowing for routes to be used by vehicle, bike, and on: foot. The subject area is generally flat and well drained. Intersections are broad, with good site distance due to the lack of significant vegetation. Residential Development Policy 7 can bei met.  Residential development policy 9 provides:  "Alternative residential deyelopment patterns, subdivision and zoning regulations shall provide opportunities for increased housing densities, alternative housing patterns and reduced development costs. Development regulations shall promote residential development  patterns that encourage:  A. The use ofa all modes of transportation;  B, Reduction in vehicle miles travelled and length of auto trips;  and  C. Efficiency inj providing public services."  The Applicant provided findings that existing street networks provides for the use ofall modes oftransportation. Thej property is located next toi major arterials and business centers, which will encourage trips taken by modes oftr transportation other than cars... Additionally, there is existing infrastructure that will adequately serve  automobiles. Residential Development Policy 9 can be met.  ZC21-010-ORDER Hattan  8    Residential development policy 10 provides;  "Requests for rezoning tol higher density residential uses to meeting identified housing needs will be deemed appropriate provided: A. The site is SO designated on the comprehensive plan B. Adequate public services are planned to serve the site; C, The site's physical characteristics support higher density  development; and  D, Residential Development Policy 7 is met."  The subject parcel is designated as Multi-Family Residential in the SACP.As previously discussed, all public service exist in the surrounding area and connectivity of streets is already adequate. The property is proximate to a major regional arterial, being only 0.30 miles west from Lancaster Drive. The parcel is relatively flat and lacks any identified geologic hazard areas mapped in the vicinity. Surrounding properties are developed with single-family and multi-family housing. The site is not located in a Primary or Secondary Overlay for Salem's Municipal Airport, Approval oft the application would assist in the housing deficit described in the Housing Needs Analysis (HNA)of2,897 dwelling units in the Salem area. As discussed, Residential Development Policy 7 can be satisfied, Residential  development Policy 10 can be met.  The application is consistent with the SACP. Therefore, MCC 16.39.050(A)  is satisfied, MCC 16.39.050(B)  MCC 16.39.050(B) requires that "adequate public facilities, services, and transportation networks are: inj place, orare planned to bej provided concurrentlywith the development of the property." The property is in an area with existing  ZC21-010-ORDER Hattan  9    infrastructure, including water and sewer services, The property is only 0.30 miles west from Lancaster Drive, a well-developed five lane principal arterial roadway. The subject property has existing infrastructure, include water, sewer, electric, and telecommunication services. Thej property iss served by Cherriots transit service, with the nearest stop approximately 400 walkable feet away. MCC 16.39.050(B) is  satisfied. MCC 16.39.050(C)  MCC16.39.050C) requires that thej proposed zone changeis "consistent with the purpose statement for the proposed zone."MCC1 16,04.000 provides thej purpose  statement for the RM zone:  "Thel RM (multiple-family residential) zone is primarily intended to provide for multiple-family dwellings on a lot, or attached dwellings on separate lots, at residential densities greater than permitted in the RI zone. Other uses compatible with residential development are also appropriate, RM zones are located in areas designated as multiple-family residential or an equivalent designation in the applicablet urban area comprehensive plan and arei provided with urban services. They are suited to locations near commercial office and The proposed RM zone is appropriate. The subject property is located approximately 0.30 miles west of Lancaster Drive, a major arterial street and site- generated traffic can be easily accommodated. The parcel is adjacent to other RM parcels to the east and west that are already developed, To thei north, there are single- family zones. The density allowed in the RM zone is compatible with the level of available services, including transportation. MCC 16.39.050(C) is met.  retail zones and along collector and arterial streets." "  ZC21-010-ORDBR Hattan  10    MCC 16.39.050(D)  MCC 16.039.050(D) requires that "if the proposed zone allows uses more intensive than uses in other zones appropriate for the land use designation, the proposed zone will not allow uses that would significantly adversely affect allowed uses on adjacent properties zoned for less intense uses."The RM zone: is intended to provide areas higher density residential use, similarly to UD zones. Surrounding properties on both sides of Fisher Road NE are zoned for Multi-Family residential uses. It is unlikely that additional uses permitted in the RM zone would adversely  impact adjacent properties, MCC16.39.0500D) is satisfied.  Because the applicant seeks a zone change, it must comply with the  Transportation Planning Rule (TPR). OAKCP0200AOpoikes  "(1) Ifan amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then thel local government must put inj place measures as provided in section (2) ofthis rule, unless the amendment is allowed under section (3), (9) or (10) of this rule. A plan or land use regulation amendment significantly affects a transportation facility ifit would; "(a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in  an adopted plan); system; or  "(b) Change standards implementing a functional classification "(c) Result in any oft the effects listed in paragraphs (A) through (C) of this subsection based on projected conditions measured at the end ofthe planning period identified in the adopted TSP. As part of evaluating projected conditions, the amount of traffic projected to be generated within the area of the amendment: may  ZC 21-010- ORDER Hattan  11    be reduced if the amendment includes an enforceable, ongoing requirement that would demonstrably limit traffic generation, including, but not limited to, transportation demand management. This reduction may diminish or completely eliminate the significant effect ofthe amendment. "(A) Types or levels of travel or access that are inconsistent with the functional classification ofan existing or planned "(B) Degrade the performance of an existing or planned transportation facility such that it would not meet the performance standards identified in the TSP or  transportation facility;  comprehensive plan; or  "(C) Degrade the performance of an existing or planned transportation facility that is otherwise projected to not meet the performance standards identified in the TSP or  comprehensiye plan."  Ifaj proposed zone change would "significantly affect an existing or planned transportation facility" then certain measures must be put in place to approve the zone change. As discussed herein, a: zone change will likely not significantly affect an existing or planned transportation facility. The proposed zone change will not significantly affect any existing or planned transportation facilities and the TPR is  satisfied.  All oft the. applicable approval criteria are satisfied,  VII. DECISION  Itis hereby found that Applicant has met the burden of proving that the approval criteria for a zone change from Urban Development (UD) to Multi-Family Residential (RM) have been met. The hearings officer. APPROVES the application,  with the following conditions of approval.  ZC21-010-ORDER Hattan  12    VIII. CONDITIONS OF APPROVAL  1. The applicant shall obtain all permits required by the Marion County 2. The applicant shall meet the developments requirements of the RM. Zone (see MCC 16.04.100 through 16.04.250). All current and future development on the property must satisfy the specific development standards in the RM zone (MCC 16.04.000) and the general development standards found: in Chapters 16,26.000 through 16,40.000 oft the MCC. 3. If annexation occurs before the property is developed, the development shall comply with SRC702: Multiple Family Design Review Standards as  Building Inspection Division,  requested by the City of Salem.  IX. APPEALRIGHTS  An appeal of this decision may be taken by anyone aggrieved or affected by this order. An appeal must be filed with the Marion County Clerk (555 Court St. NE, Salem, OR 97301)b by 5:00 p.m. on the 2 day of Feb. The appeal must be in writing, must be filed in duplicate, must be accompanied by a payment of $500, and must state wherein this order fails to conform to the provisions of the applicable ordinance. If the Board denies the appeal, $300 of  2022,  the appeal fee will be refunded.  DATED at Salem, Oregon, this 18 day of. January, 2022.  Cafftw IF. Foster Marion County Hearings Officer  ZC21-010-ORDER Hattan  13    CERTIFICATE OF MAILING  Ihereby certify thatIserved the foregoing order on the following persons:  Landon Hattan SKYLINE, BUILDERS PO Box 5057 Salem, OR 97304 David Fridenmaker Manager Planning and Property Services Salem-Keizer Public Schools 3630 State Street Salem, OR97301 Roger Kaye Friends of Marion County P.O, Box 3274 Salem, OR 97302  Agencies Notified: Planning Division (via email; emnor@omanoiona? (via email; yer@comarlonor.w) Code Enforcement (via email; pelarel@comarlonor, (yia email: rohnsoneomarononu, Building Inspection (via email: aubana@eomaronorw, (via email: alnel@o.morionoru, Assessor (viae email: vesor@comaronoru, Survey: (via emai!: invey@oo.meronoru, PW Engingering (via enall: namueeomaronon, CityofSalem Planning Diyision (via email: plka@alyosdlem.ne, MCFD No. 1 (via email: paulas@ngdl.com,  Bym mailing to them copies thereof, If further certify that said copies werej placed in sealed envelopes addressed as noted above, thats said copies were deposited int thel United States Post Office at Salem, Oregon, on the 18th day ofJanuary, 2021, and that thej postage thereon was prepaid.  MMow  ly  Administrative Assistanlto to the Marion County Hearings Officer  ZC21-010-ORDER Hattan  14    Exhibit B  EM  UD  MEADOWPARKLP  IHON NEWEASTEGR STEES  DOLORISCT WILMACT  CR  RS  RM  GLADYSST  GR-LO  RM WARG LEM  WARDDR UD  PTA TRNIMST CRM T GULFPOR JKEB PTAR COVNGIONIST dDE  UDE RM UD RM BERISST RS  FALCONVIEWW  KACEYCR.  UD ETTADR  SAITTERDR  UNNAMEDRD  UD  ZONING MAP Input Taxlot(s): 072W07BB03400  Legend LIA Input Taxlots Lakes &F Rivers N  Highways Cities  Marion, county  Owner Name: NGUYEN, DEAN & TRAN, VAN& Situs Address: OFISHER RD NE City/State/Zip: SALEM, OR, 97305 Land Use Zone: UD School District: SALEM-KEIZER Fire District: MARION COUNTY NO.1 Marion County Planning, 503-588-5038  HOANG,DANTHANH TRAN,HIEP  DISCLAIMER: This map was produced from Marion Counly Assessor's geographic database, This dalabase isn maintained for assessment purposes only. The data provided hereonr may be Inaccurate or outof date and any person or entily who relies on this information for any purpose whatsoever does so solely at his or her own risk. In no way does Marion County warrant the providedo ont thisn map.  scale:1in=348ft accuracy, reliabilitly, scale or timeliness of any data  October 19, 2021