Department of Land Conservation and Development 
635 Capitol Street NE, Suite 150 
Salem, Oregon 97301-2524 
Phone: (503) 373-0050 
First Floor/Coastal Fax: (503) 378-6033 
Second Floor/Director's Office: (503) 378-5518 
Web Address: http://www.oregon.gov/LCD 
NOTICE OF ADOPTED AMENDMENT 
March 1, 2006 
TO: Subscribers to Notice of Adopted Plan 
or Land Use Regulation Amendments 
FROM: Mara Ulloa, Plan Amendment Program Specialist 
SUBJECT: City of Salem Plan Amendment 
DLCD File Number 022-05 
The Department of Land Conservation and Development (DLCD) received the attached notice of 
adoption. A copy of the adopted plan amendment is available for review at the DLCD office in 
Salem and the local government office. 
Appeal Procedures* 
DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: March 15, 2006 
This amendment was submitted to DLCD for review 45 days prior to adoption. Pursuant to 
ORS 197.830 (2)(b) only persons who participated in the local government proceedings leading to 
adoption of the amendment are eligible to appeal this decision to the Land Use Board of Appeals 
(LUBA). 
If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals 
(LUBA) no later than 21 days from the date the decision was mailed to you by the local government. 
If you have questions, check with the local government to determine the appeal deadline. Copies of 
the notice of intent to appeal must be served upon the local government and others who received 
written notice of the final decision from the local government. The notice of intent to appeal must be 
served and filed in the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). 
Please call LUBA at 503-373-1265, if you have questions about appeal procedures. 
*NOTE: THE APPEAL DEADLINE IS BASED UPON THE DATE THE DECISION 
WAS MAILED BY LOCAL GOVERNMENT. A DECISION MAY HAVE 
BEEN MAILED TO YOU ON A DIFFERENT DATE THAN IT WAS MAILED 
TO DLCD. AS A RESULT YOUR APPEAL DEADLINE MAY BE EARLIER 
THAN THE ABOVE DATE SPECIFIED. 
Cc: Gloria Gardiner, DLCD Urban Planning Specialist 
Rob Hallyburton, DLCD Community Services Division Manager 
Steve Oulman, DLCD Transportation Planner 
Bryce Bishop, City of Salem 
<paa> ya/ 
Oregon 
Theodore R. Kulongoski, Govern 
DEPT OF 
NOTICE OF ADOPTION 
This form must be mailed to DLCD within 5 working days after the final decision F £ f } 2 2 2006 
perORS 197.610, OAR Chapter 660 - Division 18 
Jurisdiction City of Salem Local File Number CA 05-9 
LAND CONSERVATION 
AND DEVELOPMENT 
Date of Adoption February 13, 2006 
(must be filled in) 
(if no number, use none) 
Date Mailed February 17, 2006 
(Date mailed or sent to DLCD) 
Date the Notice of Proposed Amendment was mailed to DLCD November 4, 2005 
Comprehensive Plan Text Amendment Comprehensive Plan Map Amendment 
X Land Use Regulation Amendment Zoning Map Amendment 
New Land Use Regulation Other: 
(Please specify Type of Action) 
Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached." 
Amended the Salem Zoning Code to establish requirements for public school siting under the Fairview Mixed Use 
zone (SRC Chapter 143C). 
Describe how the adopted amendment differs from the proposed amendment. If it is the same, write "Same". If 
you did not give notice of the proposed amendment, write "N/A." 
Same ; 
Plan Map Change From NA to NA 
Zone Map Change From NA to NA 
Location: NA Acres lnvolved:_NA 
Specify Density: Previous: New: 
Applicable Statewide Planning Goals: Was an Exception adopted? Yes x No 
Did the Department of Land Conservation and Development receive a Notice of Proposed Amendment FORTY 
FIVE (45) days prior to the first evidentiary hearing? X Yes No 
If no, do the Statewide Planning Goals apply. Yes No 
If no, did the Emergency Circumstances Required immediate adoption. Yes No 
Affected State or Federal Agencies, Local Governments or Special Districts: 
Local Contact: Brvce Bishop. Associate Planner Area Code + Phone Number: (503) 588-6173, ext. 7599 
Address: 555 Liberty Street SE. Room 305 City: Salem 
Zip Code+4: 97301 -3503 Email Address: bbishop@citvofsalem,net 
DLCD File No: 
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A BILL FOR ORDINANCE NO. 8-06 
AN ORDINANCE relating to the FA1RVIEW MIXED-USE ZONE; and creating new 
provisions. 
THE CITY OF SALEM ORDAINS AS FOLLOWS: 
Section 1. SRC 143C.105 is added to and made a part of the Salem Revised Code, Title X, Chapter 
143C, Fairview Mixed-Use Zone, as: 
143C.105. PUBLIC SCHOOL SITING. The siting and development of any public school within 
the FMU zone, shall be determined pursuant to the following criteria: 
(a) It is the goal of this section to insure that the coordination, of planning, siting, and 
development of schools is consistent with the plans of the Salem Keizer School District, the 
needs of the residents in the community, and the Salem Area Comprehensive Plan. 
(b) Planning for school location and siting should be done in close coordination with the 
Salem Keizer School District's ongoing comprehensive planning, taking into consideration the 
following factors: 
(1) The neighborhoods the schools are to serve; and 
(2) Any site limitations; and 
(3) The impact upon the transportation system; and 
(4) Pedestrian access, and 
(5) Projected residential growth patterns in and near the FMU zone; and 
(6) Schools should be located to avoid serious distractions to study or classroom 
activity; and 
(7) Acquisition of school sites should be coordinated with the city to further the joint 
acquisition and development of park and school sites and to permit the joint use of 
school and park facilities; and 
(8) Each school should be located to provide the best possible access to the student 
population served; and 
(9) Elementary schools should be located: 
(i) In the center of existing or future residential neighborhoods in the school's 
ORDINANCE - Page 1 COUNCIL OF THE CITY OF SALEM, OREGON 
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potential attendance area within safe and reasonable walking distance of as many 
students as possible; and 
(ii) Should be located in such a way that their attendance areas will be 
bounded, rather than intersected, by barriers presenting obstacles or dangers to 
children walking to and from school. Such barriers include major streets and 
highways, railroads, waterways and heavy industrial areas; and 
(iii) Should, whenever possible, be on residential streets which provide 
sufficient access for buses and other necessary traffic but have a minimum of 
non-school related vehicle activity. 
(10) Secondary schools should be located: 
(i) Should have adequate, safe and direct access from the community's 
principal street network; and 
(ii) Should be in locations which are geographically central to the population 
served; and 
(iii) Should be designed, sited and constructed to encourage the use of 
walkways, bikeways and public transit. 
(c) Elementary and Secondary Schools shall be allowed in all overlay zones. 
(d) Future public school siting is taken into account in all Refinement Plans so that an 
appropriate site for a public school will be available to serve the future school attendance area 
when needed. In no event shall any standards or processes stipulated in a Refinement Plan 
modify, change or otherwise affect the standards and criteria for the siting of a public school 
(8211) contained in this Chapter. In addition to the criteria set forth in subsection (a) of this 
section, potential public school site or sites shall consider the impact and affect on the existing 
public secondary school sites directly adjacent to the FMU zone, to ensure that future 
development within the FMU zone takes into account the existing adjacent public secondary 
school site which will serve the school attendance area of which the FMU zone is a part. 
(e) Notwithstanding SRC 143C.120, a public school located in the MI area may have a 
building footprint greater than 6000 square feet. 
ORDINANCE - Page 2 COUNCIL OF THE CITY OF SALEM, OREGON 
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(f) The school district shall be notified in advance of any Refinement Plan, or amendment 
thereto that may be filed, and be given an opportunity to comment thereon, and if such comment 
is made, shall have standing to appeal the Refinement Plan. 
Section 2. Severability. Each section of this ordinance, and any part thereof, is severable, and if any 
part of this ordinance is held invalid by a court of competent jurisdiction, the remainder of this ordinance 
shall remain in full force and effect. 
PASSED by the Council this 1 3 t h day of F e b r u a r y 2 006 . 
ATTEST: 
City Recorder 
Approved by City Attorney: 
Checked By: 3 - T!>'Shdp 
G:\Group\LEGALl\Council\D20606 Fairview Mixed Use_Public School Siting ord.wpd 
ORDINANCE - Page 3 COUNCIL OF THE CITY OF SALEM, OREGON 
C E R T I F I C A T I O N O F M A I L I N G 
STATE OF OREGON ) 
CITY OF SALEM ) 
I, Judy Copeland , do hereby certify that I, on the 17th day of February, 2006 caused to be sent 
interoffice to the Department of Land Conservation and Development Notice of Adoption for 
Code Amendment 05-9 - Amending SRC Chapter 143C to establish requirements for public 
school siting under FMU (Fairview Mixed Use) zone. 
A copy of which is filed in the case file. 
DATED at Salem, Oregon, this 17th day of February 2006