SUB322-0001 - Garfield Street - 12 Lot Subdivision

STATUS: Planning Commission approved Order 2022-15; appeal period ends March 24, 2023. Type III Review Timeline. 

PUBLIC COMMENT PERIOD: All comments received by 3/1/2023 have been incorporated into the staff report. 

HEARING DATE: March 9, 2023 ; Newberg Planning Commission. 

Thursday, February 9, 2023, continued from Thursday, December 8, 2022;

At the February 9, 2023 hearing a request to continue the hearing to March 9, 2023 will be reviewed.

APPLICANT: Scott Holden

TELEPHONE: 503-502-8006

PROPERTY OWNER: Scott Holden

LOCATION: 100 S Garfield Street

TAX LOT NUMBERS: R3219DB 04690

STAFF CONTACT:

Ashley Smith, Assistant Planner

Direct Phone: 503-554-7768 / Newberg Planning Division: 503- 537-1240

Email: ashley.smith@newbergoregon.gov

UPDATE 2/7/2023: The applicant has submitted revised plans and staff have deemed the application complete to begin the 15-day referral review. A new public notice will be sent to property owners within 500 feet of the site. The revised application proposes to create 8 new legal lots of record for residential units. The subdivision will extend the public street north and then to the east and terminate with a dead end. Public infrastructure to support the 8 lots will also be constructed. 

Revised plans can be reviewed under the "Supporting Documents" section of this page. 

Please see below for current application status, public comment period, and hearing information. 

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UPDATE 2/6/2023:  A request has been received from the applicant to request a continuation at the February 9, 2023 Planning Commission. The request will be to continue the hearing until March 9, 2023 Planning Commission meeting. A memo stating this information has been added to this site under "Supporting Documents", and can also be found in the Planning Commission agenda. No public testimony will be heard at the February 9, 2023 hearing. The hearing will only be opened for the applicant to request the continuation. Please see below for current application status. 

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UPDATE: At the December 8, 2022 Planning Commission Meeting, the applicant's representative requested a continuation of the hearing. The new date for the hearing will be February 9, 2023. A revised staff report will be made available one week prior to the hearing. The written comment deadline has been extended to Monday, February 6, 2023. See below for LUBA language.

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A property owner in your neighborhood submitted an application to the City of Newberg to subdivide land from 1 lot into 12 separate lots averaging 3,513 square feet in area. This application will be for preliminary subdivision plat approval. 

Part of the property contains a stream corridor overlay area. A stream corridor is identified as an Oregon Statewide Planning Goal 5 resource. Because of this, the decision for the subdivision approval will be presented to the Newberg Planning Commission as a Type III Quasi-Judicial procedure per NMC 15.100.050(B)(10) and 15.235.030(A). Development actions shall be decided by the Planning Commission for those land use actions that require a Type III procedure and do not require the adoption of an ordinance. The decision shall be made after public notice and a public hearing is held in accordance with the requirements of NMC 15.100.090 et seq. A Type III decision may be appealed to the city council by a Type III affected party in accordance with NMC 15.100.160 et seq. The commission will review both the land division (NMC 15.235) and stream corridor criteria (NMC 15.342) during the public hearing.

You can look over all the information about this project or drop comments off at Newberg City Hall, 414 E First Street. All application materials can be found on this page under "Supporting Documents".  You can also buy copies of the information for a cost of 25 cents a page. A final copy of staff findings will be available 7 days prior to the public hearing date.  

All written comments must be turned in by noon on Monday, March 6, 2023  (previously Monday, February 6, 2023) (previously Monday, December 5, 2022).  Written information received after this time will be read out loud at the hearing subject to time limits for speakers, and will be included in the record if there are further proceedings.

Any issue which might be raised in an appeal of this case to the Land Use Board of Appeals (LUBA) must be submitted to the City in writing before this date.  You must include enough detail to enable the decision maker an opportunity to respond.  The applicable criteria used to make a decision on this application for a preliminary subdivision plat is found in Newberg Municipal Code Sections 15.235.050(A).

If you mail your comments to the City, please put the following information on the outside of the envelope:

Written Comments: File No.SUB322-0001

City of Newberg

Community Development, Attn: Ashley Smith

PO Box 970

Newberg, OR 97132

Prior to the conclusion of the initial evidentiary hearing, any participant may request an opportunity to present additional evidence, arguments or testimony regarding the application through a continuance or extension of the record.  Failure of an issue to be raised in the hearing, in person or by letter, or failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue precludes appeal to the State Land Use Board of Appeals based on that issue.

If you participate in the public hearing process, either by testifying at the public hearing, or by sending in written comments, you will be sent information about any decision made by the City relating to this project.

Additional information and updates such as public hearing schedules and other project information will be posted as evaluation of the project advances.

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