Department of Land Conservation and Development 
635 Capitol Street, Suite 150 
Salem, OR 37301-2540 
(503) 373-0050 
Fax (503) 378-5518 
w w w . lc d. s tat e. or. us 
NOTICE OF ADOPTED AMENDMENT 
06/29/2009 
TO: Subscribers to Notice of Adopted Plan 
or Land Use Regulation Amendments 
FROM: Plan Amendment Program Specialist 
SUBJECT: City of Salem Plan Amendment 
DLCD File Number 004-09 
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. This amendment was submitted without a signed ordinance. 
Appeal Procedures* 
DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Friday, July 10, 2009 
This amendment was submitted to DLCD for review prior to adoption with less than the required 45-day 
notice. 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 THAT IT WAS MAILED TO DLCD. AS A 
RESULT, YOUR APPEAL DEADLINE MAY BE EARLIER THAN THE ABOVE 
DATE SPECIFIED. 
Cc: Lisa Anderson-Ogilive, City of Salem 
Gloria Gardiner, DLCD Urban Planning Specialist 
Steve Oulman, DLCD Regional Representative 
Bill Holmstrom, DLCD Transportation Planner 
¿BBA 
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NOTICE OF ADOPTION 
THIS FORM MUST BE MAILED TO D L C D 
WITHIN 5 DAYS AFTER THE FINAL DECISION 
P E R O R S 1 9 7 . 6 1 0 , O A R CHAPTER 660 -D IV IS ION 18 
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DEPTOF 
JUN 21 -2009 
U N D CONSERVATION 
AND DEVELOPMENT 
For D L C D Use O n l y 
Jurisdiction: City of Salem Local File Number: CPC/ZC 09-3 
Date of Adoption: June 16, 2009 Date Mailed: June 19, 2009 
Date the Notice of Proposed Amendment was Mailed to DLCD: April 30, 2009 
Is this a REVISED Proposal previously submitted to DLCD: YES X NO Date Submitted: 
Comprehensive Plan Text Amendment X Comprehensive Plan Map Amendment 
Land Use Regulation Amendment X Zoning Map Amendment 
New Land Use Regulation Other: 
Summarize the adopted amendment. Do not use technical terms. Do no write "See Attached." 
Changed the Salem Area Comprehensive Plan Map designation from "Multi-Family Residential" to "Commercial" and the 
zone district from RM2 (Multiple Family Residential) to CR (Commercial Retail) for property approximately 1.48 acres in 
size and located at 3130 and 3160 Broadway Street NE (Marion County Assessor's map and tax lot number 073W11CC 
/ 4700 and 4701). 
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 changed from: "Multi-Family Residential" To: "Commercial" 
Zone Map Changed from: RM2 (Multiple Family Residential) To: CR (Commercial Retail) 
Location: 3130 & 3160 Broadway St NE Acres Involved: 1.48 acres 
Specify Density: Previous: New: 
Applicable Statewide Planning Goals: 1, 2, 5, 6, 7, 9, 10, 11, 12, 13, 14 
Was an Exception Proposed: YES X NO 
Did the Department of Land Conservation and Development receive a Notice of Proposed Amendment 
Forty-five (45) days prior to first evidentiary hearing? Yes _ No 
If no, do the statewide planning goals apply? _ Yes _ No 
If no, did Emergency Circumstances require immediate adoption? _ Yes _ No 
Affected State of Federal Agencies, Local Governments or Special Districts: 
I A - 0 
Local Contact: Lisa Anderson-Ogilvie, Assoc. Planner Phone: (503) 588-6173 Extension: 7581 
Address: 555 Liberty Street SE, Room 305 City: Salem Zip: 97301 
Fax Number: (503) 588-6005 E-Mail Address: lmanderson@citvofsalem.net 
DLCD File No: 0 0 ^ 0 9 ( / 7 S é Z . ) 
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RESOLUTION NO.: PC 09-9 
COMPREHENSIVE PLAN CHANGE/ZONE CHANGE 09-3 
WHEREAS, a petition for a Comprehe/isive Plan change from Multi-Family Residential" to 
"Commercial" and the zone district from RM2 (Multiple Family Residential) to CR (Commercial Retail) 
for property located at 3130 and 3160 Broadway Street NE 
was filed by Ernst Properties, LLC (Charles Sides and Chinook Trust), Applicant; Barbara and Keith 
Whisenhunt, Representatives with the Planning Commission of the City of Salem, and 
WHEREAS, after due notice, a public hearing on the proposed changes was held before the 
Planning Commission on June 16, 2009, at which time witnesses were heard and evidence received; and 
WHEREAS, the Planning Commission having carefully considered the entire record of this 
proceeding including the testimony presented at the hearing, after due deliberation and being fully 
advised; NOW THEREFORE 
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SALEM, OREGON: 
Section 1. FINDINGS: 
The Planning Commission hereby adopts as its findings of fact the staff reports on this matter 
dated June 16, 2009, herewith attached and by this reference incorporated herein. 
Section 2. ORDER: 
Based upon the foregoing findings and conclusions, it is hereby ordered: 
(a) The Salem Area Comprehensive Plan (SACP) map designation change for the subject 
property from "Multi-Family Residential" to "Commercial" be granted; 
(b) The zone change for the subject property from RM2 (Multiple Family Residential) to CR 
(Commercial Retail) be granted, subject to the following conditions: 
Condition 1: The applicant shall record in deed records of Marion County, Oregon, the 
provisions of a restrictive covenant that adopts the terms of this condition by reference, and shall 
run with the land, subject to the amendment or removal only by the City's subsequent 
- amendment or modification of this condition of approval. The property subject to the restrictive 
covenant shall include the property subject to the zoning map amendment. 
This condition shall limit traffic impacts from future development such that a maximum of 340 
average daily trips are generated by the proposed use or uses. At the time of development review 
for any proposed use on the property subject to the restrictive covenant, the proposed 
development's average daily trips shall be calculated pursuant to the then-current Institute of 
Transportation Engineers (ITE) Trip Generation manual; No development on the property shall be 
allowed that causes average daily trips of the property subject to the covenant to exceed 340 
average daily trips. 
Condition 2: At the time of development of the subject property as a parking lot to serve 2850 
Broadway Street NE the owner shall construct a pedestrian access from the subject property to 
the 2850 Broadway Street NE. It shall be five feet wide and consist of a striped crosswalk across 
the. parking lot entrance and shall connect to a paved sidewalk on the property addressed 2850 
Broadway Street NE. The exact location will be determined at the time of development. 
g Commission this 16th day of June, 2009. 
President, Planning Commission 
Vicinity Map 
3130 & 3160 Broadway Street NE 
P ' . ' - . R ^ - ^ ^ T T T T - : ' " F-VRRV ERRPR^J» «-SXTRRE P W K T C S p i j „ \ r*-» 1 r i 
This product is provided as is, without warranty. In no 
event is the City of Salem liable for damages from the 
use of this product. This product is subject to license 
and copyright limitations and further distribution or 
resale is prohibited. 
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PITY OF SALEM 
pi AWM1NG DIVISION 
U , , PFRTY ST. SE ROOM 305 
P SALEM OR 37301,3503 
DEPARTMENT OF LAND CONSERVATION & 
DEVELOPMENT 
6 3 5 CAPITOL STREET NE, SUITE 2 0 0 
SALEM, O R 9 7 3 0 1 - 2 5 4 0