Department of Land Conservation and Development 
635 Capitol Street, Suite 150 
Salem, OR 97301-2540 
(503) 373-0050 
Fax (503) 373-5513 
www.lcd.state.or. us 
NOTICE OF ADOPTED AMENDMENT 
12/22/2008 
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 023-08 
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: Monday. January 05. 2009 
This amendment was submitted to DLCD for review 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 THAT IT WAS MAILED TO DLCD. AS A 
RESULT. YOUR APPEAL DEADLINE MAY BE EARLIER THAN THE ABOVE 
DATE SPECIFIED. 
Cc Lisa Anderson Ogilvie. City of Salem 
Gloria Gardiner. DLCD Urban Planning Specialist 
Steve Oulman. DLCD Regional Representative 
Bill Holmstrom. DLCD Transportation Planner 
Oregon 
Theodora El KiibngDski, Governor 
<paa> Y A/1 
NOTICE OF ADOPTION 
THIS FORM MUST BE MAILED TO DLCD 
WITHIN 5 DAYS AFTER THE FINAL DECISION 
P E R O R S 197 .610 , O A R CHAPTER 660 - DIVISION 18 
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DEPTOF 
DEC 15 2000 
LAND CONSERVATION 
ANO DEVELOPMENT 
For DLCD Use Only 
Jurisdiction: City of Salem 
Date of Adoption: December 2, 2008 
Local File Number: CPC/NPC/ZC 08-15 
Date Mailed: December 12, 2008 
Date the Notice of Proposed Amendment was Mailed to DLCD: September 25, 2008 
Is this a REVISED Proposal previously submitted to DLCD: YES X NO Date Submitted: 
Comprehensive Plan Text Amendment 
Land Use Regulation Amendment 
New Land Use Regulation 
X 
X 
_ Comprehensive Plan Map Amendment 
_ Zoning Map Amendment 
Other: 
Summarize the adopted amendment. Do not use technical terms. Do no write "See Attached." 
Changed the Salem Area Comprehensive Plan Map designation from "Parks, Open Space and Outdoor Recreation" to 
"Commercial", "Multi-Family Residential", and "Single-Family Residential" and changed the zone district from PA (Public 
Amusement) to CR (Commercial Retail - 4.67 acres). RM1 (Multiple Family Residential - 10.59 acres). and RS (Single 
Family Residential - 26.77 acres); and amended the Liberty-Boone Neighborhood Plan map from "Parks, Open Space" 
to "Single Family", Multifamilv", and Commercial Retail" for property located at 6161 Commercial Street SE. 
Approximately 2.27 acres of the site will remain designated "Parks, Open Space and Outdoor Recreation", zoned PA, 
and maintain its current map designation on the Neighborhood Plan Map. 
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: Parks, Open Space and 
Outdoor Recreation 
Zone Map Changed from: PA (Public Amusement) 
Location: 6161 Commercial Street SE 
Specify Density: Previous: 
Applicable Statewide Planning Goals: 
Was an Exception Proposed: YES 
To: Commercial. Multi-Family Residential and Single Family 
Residential 
To: CR (Commercial Retail), RM1 (Multiple Family 
Residential) and RS (Single Family Residential) 
Acres Involved: 44.27 
New: 
X NO 
X Yes 
_ Yes 
Yes 
No 
No 
No 
Did the Department of Land Conservation and Development receive a Notice of Proposed Amendment 
Forty-five (45) days prior to first evidentiary hearing? 
If no, do the statewide planning goals apply? 
If no, did Emergency Circumstances require immediate adoption? 
Affected State of Federal Agencies, Local Governments or Special Districts: 
Local Contact: Lisa Anderson-Ogilvie, Associate 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: 0P5-O? ( II \<5i) (70%I1 
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RESOLUTION NO.: PC 08-16 
COMPREHENSIVE PLAN CHANGE/NEIGHBORHOOD PLAN CHANGE/ZONE 
CHANGE 08-15 
WHEREAS, a petition for a Comprehensive Plan change from "Parks, Open Space and 
Outdoor Recreation" 
to "Commercial", "Multi-Family Residential", and "Single Family Residential", 
concurrent change in the Liberty Boone Neighborhood Plan from "Parks, Open Space" 
to "Single Family", "Multifamily", and "Commercial Retail" / 
and zone change from PA (Public Amusement) 
to CR (Commercial Retail), RM1 (Multiple Family Residential) and RS (Single Family Residential) 
for property located at 6161 Commercial Street SE 
was filed by Terry Kelly and Mary Rentfro 
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 December 2, 2008, 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 report(s) on this 
matter dated December 2, 2008, herewith attached and by this reference incorporated herein. 
Section 2. ORDER: 
Based upon the foregoing findings and conclusions, it is hereby ordered: 
(a) The proposed Comprehensive Plan Change in this matter from "Parks, Open Space 
and Outdoor" to Commercial", "Multi-Family Residential", and "Single Family Residential" be granted; 
(b) The Neighborhood Plan covering the above defined area be changed to "Single 
Family", "Multifamily", and "Commercial Retail"; 
(c) The zone change from PA (Public Amusement) to CR (Commercial Retail) RM1 
(Multiple Family Residential) and RS (Single Family Residential) for the above defined area be 
granted, subject to the following conditions: 
1. As a requirement of any phase of development, the applicant shall be required to provide a 
Transportation Impact Analysis (TIA) to identify the impacts of this proposed development on 
the public transportation system in the area, and construct any necessary mitigation 
measures identified in that report. The City Traffic Engineer will review and approve the TIA 
for conformance with City standards. Construction plans for the development will not be 
reviewed without an approved TIA. 
1 
2. The applicant shall record in deed records of Marion County, Oregon, the provisions of a restrictive r 
covenant that adopts the terms of this condition by reference, and shall run with the land, subject to 
the amendment or removal only 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 
Comprehensive Plan and zoning map amendments. 
This condition shall limit traffic impacts from future development such that a maximum of 3,669 
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 3,669 average daily trips. 
3. In the event that the parcels subject to the restrictive covenant develop in phases under separate land 
use applications, the number of trips approved during development based on the TIA for ^ach phase 
shall be used to calculate the remaining number of trips available for the succeeding phases under the 
overall trip cap of 549 net PM peak hour trips. 
4. Future uses of the CR (Commercial Retail) portion of the subject property shall be limited to those 
uses listed in the following table, developed in accordance with applicable zoning district provisions: 
Retail Commercial 
Agriculture and forestry 
Veterinary services for animal specialties (SIC 
0742) 
Construction ' 
Offices for any use listed in SIC Division C - v 
Construction 
Printing and Publishing 
Commercial Printing (SIC 275) 
Transportation, communications, electric, gas, and 
sanitary services 
U.S. Postal Service (SIC 431) 
Arrangement of passenger transportation (SIC 472) 
Telephone communications (SIC 481) 
Telegraph and other communication (SIC 482) 
Radio and television broadcasting (SIC 483) 
Retail Trade 
Lumber and other building materials dealers (SIC 
521) 
Paint, glass and wallpaper stores (SIC 523) 
Hardware stores (SIC 525) ' 
Retail nurseries, lawn and garden supply stores 
(SIC 526) 
General merchandise stores (SIC 53) 
Miscellaneous general merchandise stores (SIC 
539) 
Grocery stores (SIC 541 ) 
Meat and fish (seafood) markets, including freezer 
provisions (no live animals or slaughtering of live 
animals permitted on site) (SIC 5421 ) 
Fruit stores and vegetable markets (SIC 543) 
Candy, nut, and confectionery store (SIC 544) 
Dairy products store (no processing, sales on 
premises only) (SIC 545) 
Retail bakeries (SIC 546) 
Miscellaneous food stores (SIC 549) 
2 
Auto and home supply stores (retail sales only, no 
service or installation) (SIC 5531) 
Apparel and accessory stores (SIC 56) 
Furniture, home furnishings, and equipment stores 
(SIC 57) 
Eating and drinking places (SIC 58) 
Drug stores and proprietary stores (SIC 591) 
Liquor stores (SIC 592) 
Miscellaneous shopping goods stores (SIC 594) 
Retail stores, not elsewhere classified (SIC 599) 
including, in addition to uses specifically listed in 
SIC group 599, electrical and lighting shops, and 
office machines and equipment stores 
Finance, Insurance, and Real Estate 
Depository Institutions (SIC 60) 
Nondepository credit Institutions (SIC 61) 
Security and commodity brokers, dealers, 
exchanges and services (SIC 62) 
Insurance carriers (SIC 63) 
Insurance agents, brokers, and service (SIC 64) 
Real estate (SIC 65) 
Holding, and other investment offices (SIC 67) 
Services 
Hotels and motels (SIC 701) but excluding casino 
hotels < 
Bed and breakfast establishments v 
Room and board facilities serving five or fewer 
persons 
Personal services (SIC 72) but excluding carpet 
and upholstery cleaning (SIC 7217) and industrial 
launderers (SIC 7218) 
Advertising (SIC 731) 
Consumer credit reporting agencies, mercantile 
reporting agencies, and adjustment and collection 
agencies (SIC 732) 
Mailing, reproduction, commercial art and 
photography, and stenographic services (SIC 733) 
News syndicates (SIC 7383) 
Miscellaneous business services (SIC 738) but 
excluding research and development laboratories 
(SIC 8731) 
Automobile parking (SIC 752) 
Equipment rental and leasing (SIC 7359) 
Watch, clock, and jewelry repair (SIC 763) 
Repair shops and related services, not elsewhere 
classified (SIC 7699) but excluding motorcycle 
repair service 
Health services (SIC 80) but excluding hospitals 
(SIC 806) 
Legal services (SIC 81) 
Educational services (SIC 82) 
Social Services (SIC 83), except homeless shelters 
serving more than five persons 
Membership organizations (SIC 86) 
Engineering, Accounting, Research, Management, 
and Related Services (SIC 87) 
Services, not elsewhere classified (SIC 899) 
Public Administration 
Executive offices (SIC 911) 
3 
Executive and legislative combined (SIC 913) 
Police protection (SIC 9221) excluding jail facilities 
Fire protection (SIC 9224) 
Public Finance, taxation, and monetary policy (SIC 
93 ) 
Administration of human resources programs (SIC 
94 ) 
Administration of environmental quality and housing 
programs (SIC 95) 
Administration of economic programs (SIC 96) 
National security and international affairs (SIC 97) 
Emergency management administration 
Other Uses 
Accessory buildings and uses normal and incidental 
to the uses permitted in this district 
Transit stop shelters 
On-site response actions in accordance with 
applicable law to discharges of oil and releases of 
hazardous substances, pollutants, and 
contaminants 
Special Uses 
Gasoline service stations (SIC 554) 
Used merchandise store (SIC 593) 
Secondary dwellings and guest rooms 
Entertainment establishments < 
Antennas attached to existing or approved >• 
structures 
Freestanding support structures 35 feet or less in 
height and equipment enclosures 
Temporary motor vehicle sales (SIC 551 ) 
Temporary recreational vehicle sales (SIC 556) 
One single family dwelling, other than a 
manufactured home, per lot 
Ambulance Station 
Ambulance Service Facility 
Administrative Conditional Uses 
Freestanding support structures between 36 and 70 
feet in height and equipment enclosures 
/ 
5. Provide for a local street connection through the subject property in a location approved by the Public 
Works Director in compliance with the Salem Transportation System Plan. 
6. Access to Commercial Street SE shall be limited to one public street connection, with no direct 
driveway access, in a location to be approved by the Public Works Director. 
7. Dedicate drainage easements adjacent to all creeks within the subject property. The open channel 
drainage easements shall be, at a minimum, the 100-year floodway, 10 feet from the top of 
recognized bank, or 15 feet from the centerline, whichever is greatest. These easements shall be 
approved to the satisfaction of the Public Works Director. 
8. Construct the City of Salem Stormwater Master Plan improvements as defined within the Battle Creek 
Basin project list to the satisfaction of the Public Works Director. 
9. A 30-foot landscape buffer shall be provided as proposed in the application. The buffer shall contain a 
public access easement and development of a pedestrian trail that has a minimum width of six (6) feet 
and at a minimum provides a smooth mulch surface. 
10. The perimeter trail/buffer (PA-zoned land) shall be linked to internal and external pedestrian walks and 
trails. 
4 
The development shall comply with the other landscaping and irrigation requirements of SRC Chapter 
132. 
ADOPTED by the Planning Commission this 2nd day of December 2008. 
President, Planhing Commission 
Appeal of a Planning Commission decision is to the Salem City Council (Council), as set forth in Section 
114 200 of the Salem Revised Code (SRC). Written notice of an appeal and the applicable fee shall be filed 
with the Planning Administrator within fifteen days after the record date of the decision. Salem Revised Code 
114 210 states that whether or not an appeal is filed, the Council may, by majority vote, initiate review of a 
Planning Commission decision by resolution filed with the City Recorder. Such a review shall be injtiated prior 
to the adjournment of the first regular Council meeting following Council notification of the Planning 
Commission decision. Review shall proceed according to SRC Section 114.200. 
APPEAL PERIOD ENDS: January 29. 2009 
Copies of the staff report containing the Facts and Findings adopted by the Planning Commission are 
available upon request at Room 305, Civic Center, during City business hours, 8:00 a.m. to 5:00 p.m. 
Planning Commission Vote: 
Yes 7 No 0 
5 
Comprehensive Plan Change/Neighborhood Plan 
Change/Zone Change 08-15 
Legend 
I Base Zoning 
I m J Urban Growth Boundary 
Outside Salem City Limits 
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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N:\CD\Proj\CP\Case_Maps\CICPCNPCZC\CICPC-NPC-ZC_08-15.mxd 10/27/2008 @ 7:46:04 AM 
Supplemental Findings for Comprehensive Plan Change/Neighborhood Plan Change/ 
Zone Change 08-15 
Procedural Objections: 
An opponent raised objections on procedural error. They cited Salem Revised Code (SRC) 110.240 
and stated that this code provision requires the applicant to give thirty days for the application to be 
rejected and a hearing requested. SRC 110.240 actually provides the Planning Administrator thirty 
days to review the application for completeness. The opponent misread the code provision as 
allowing affected parties to receive a thirty day notice of the hearing. 
Opponent alleged that they have verified 4 affected parties that did not receive notice. The 
opponent did not provide staff with the names of these individuals to allow staff to check tpe 
certified mailing list. The file contains a certified mailing list of all property owners within 250 feet of 
the subject property. The record was held open for 7 days to allow additional testimony and 7 more 
days to allow for rebuttal. 
Goal 7: 
Opponents raised concerns over the potential for flooding on the subject property. The applicant 
identified the natural hazards located on the property - the floodway and the 100-year floodplain. 
There are no identified landslide hazards on the subject property. Goal 7 requires local 
governments to adopt and implement local floodpl&in regulations that meet the minimum National 
Flood Insurance Program requirements. Salem adopted a hitigation plan in 2003. Goal 7 requires 
that the floodplain area be mapped and hazard mitigation plans be adopted. The Department of 
Land Conservation and Development (DLCD) has acknowledged Salem's plan as complying with 
Goal 7. 
Future development of the property will be reviewed for compliance with Salem Revised Code 
Chapters 68 (Preservation of Trees and Vegetation) as it relates to trees and vegetation in riparian 
corridors and 140 (Floodplain Overlay Zone) and will ensure compliance with Goal 7 The applicant 
will also be required to make necessary improvement to Wain Creek as identified in the Stormwater 
Master Plan. 
Housing Information Submitted bv Applicant: 
The applicant submitted a copy of the Salem Multiple Family Residential Land Study (SMFRLS) in 
their rebuttal packet. Opponents have criticized the inclusion of this study citing its date as a reason 
to disregard the information contained therein. SMFRLS was an extensive effort which determined 
the supply and demand of RM land and designated selected properties to "Multiple Family 
Residential" zone. This work was required as part of the Periodic Review Work Program. SMFRLS 
took into consideration balancing the distribution of the new multiple family land throughout the City 
with the largest new areas being allocated to parts of the city with the lowest existing amount of 
multiple family land (West and South Salem). This study is the latest study of RM zoned land within 
the UGB. It was concluded in 2001. 
Opponents argued that a seven year old study could not determine the current need for housing. 
However the applicant is not required to demonstrate a need for housing as a demonstrated need 
is not part of the approval criteria. The opponent's objections do not address the approval criteria 
for a Comprehensive Plan Change and Zone Change as listed in SRC 64.090 and 114.160, 
respectively. 
G:\CD\PLANNING\STFRPRTS\2008\Comprhensive Plan Change - Zone Change\CPC-ZC 08-15.sup findings.lma-o.doc