Oregon Theodore R. Kulongoski, Governor

Transcription

1 Oregn Thedre R. Kulngski, Gvernr NOTICE OF ADOPTED AMENDMENT Department f Land Cnservatin and Develpment 635 Capitl Street NE, Suite 150 Salem, Oregn Phne: (503) First Flr/Castal Fax: (503) Secnd Flr/Directr's Office Fax: (503) Third Flr/Measure 37 Fax: (503) Web Address: December 8, 2006 TO: Subscribers t Ntice f Adpted Plan r Land Use Regulatin Amendments Mat % FROM: Mara Ulla, Plan Amendment Prgram Specialist SUBJECT: City f Salem Plan Amendment DLCD File Number The Department f Land Cnservatin and Develpment (DLCD) received the attached ntice f adptin. A cpy f the adpted plan amendment is available fr review at the DLCD ffice in Salem and the lcal gvernment ffice. Appeal Prcedures* DLCD ACKNOWLEDGMENT r DEADLINE TO APPEAL: December 26, 2006 This amendment was submitted t DLCD fr review 45 days prir t adptin. Pursuant t ORS (2)(b) nly persns wh participated in the lcal gvernment prceedings leading t adptin f the amendment are eligible t appeal this decisin t the Land Use Bard f Appeals (LUBA). If yu wish t appeal, yu must file a ntice f intent t appeal with the Land Use Bard f Appeals (LUBA) n later than 21 days frm the date the decisin was mailed t yu by the lcal gvernment. If yu have questins, check with the lcal gvernment t determine the appeal deadline. Cpies f the ntice f intent t appeal must be served upn the lcal gvernment and thers wh received written ntice f the final decisin frm the lcal gvernment. The ntice f intent t appeal must be served and filed in the frm and manner prescribed by LUBA, (OAR Chapter 661, Divisin 10). Please call LUBA at , if yu have questins abut appeal prcedures. *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. Glria Gardiner, DLCD Urban Planning Specialist Jasn Lcke, DLCD Reginal Representative Matthew Crall, DLCD Transprtatin Planner Kevin Russell, City f Salem <paa> ya/

2 NOTICE OF ADOPTION This frm must be mailed t DLCD within 5 wrking days after the final decisin per ORS , OAR Chapter Divisin 18 Jurisdictin City f Salem Lcal File Number CPC/ZC (if n number, use nne) Date f Adptin Nvember 21, 2006 Date Mailed Nvember 30, 2006 (must be filled in) (Date mailed r sent t DLCD) Date the Ntice f Prpsed Amendment was mailed t DLCD September Cmprehensive Plan Text Amendment X Cmprehensive Plan Map Amendment Land Use Regulatin Amendment X Zning Map Amendment New Land Use Regulatin Other: (Please specify Type f Actin) Summarize the adpted amendment. D nt use technical terms. D nt write "See Attached." LAND CONSERVATION AND DEVELOPMENT T change the Salem Area Cmprehensive Plan Map designatin frm "Develping Residential" t "Cmmercial" and t change the zning designatin frm RA (Residential Agriculture) t CR (Cmmercial Retail) fr an 18.4-acre site lcated in the 2500 Blck f Bne Rad SE. Describe hw the adpted amendment differs frm the prpsed amendment. If it is the same, write "Same" If yu did nt give ntice f the prpsed amendment, write "HIA." Same Plan Map Change Frm Develping Residential t Cmmercial Zne Map Change Frm RA (Residential Agriculture) t CR (Retail Cmmercial) Lcatin 2500 Blck f Bne rad SE Acres Invlved: 2.19 acres Specify Density: Previus: New: Applicable Statewide Planning Gals: Was an Exceptin adpted? Yes x N Did the Department f Land Cnservatin and Develpment receive a Ntice f Prpsed Amendment FORTY FIVE (45) days prir t the first evidentiary hearing? X Yes N If n, d the Statewide Planning Gals apply. Yes N If n, did the Emergency Circumstances Required immediate adptin. Yes N Affected State r Federal Agencies, Lcal Gvernments r Special Districts: Lcal Cntact: Kevin Russell, Assciate Planner Area Cde + Phne Number: (503) , ext Address: 555 Liberty Street SE, Rm 305 City: Salem Zip Cde+4: Address: krussell@cityfsalem.net DLCD File N: ntadpt.lcd

3 RESOLUTION NO.: PC COMPREHENSIVE PLAN CHANGE/ZONE CHANGE (/> ( 0 WHEREAS, a petitin fr a Cmprehensive Plan change frm Single Family Residential t Cmmercial, and zne change frm RS (Single Family Residential) t CR (Retail Cmmercial) fr prperty lcated in the 3800 blck f cmmercial Street SE was filed by Dnald R. Wyant with the Planning Cmmissin f the City f Salem, and WHEREAS, after due ntice, a public hearing n the prpsed changes was held befre the Planning Cmmissin n Nvember 21, 2006, at which time witnesses were heard and evidence received, and WHEREAS, the Planning Cmmissin having carefully cnsidered the entire recrd f this prceeding including the testimny presented at the hearing, after due deliberatin and being fully advised; NOW THEREFORE < Q. BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SALEM, OREGON: Sectin 1. FINDINGS" m t The Planning Cmmissin hereby adpts as its findings f fact the staff reprt(s) n this matter dated Nvember 21, 2006, herewith attached and by this reference incrprated herein. Sectin 2. ORDER: Based upn the freging findings and cnclusins, it is hereby rdered: 8 _ in i (a) The prpsed Cmprehensive Plan change in this matter frm Single Family Residential t Cmmercial be granted; (b) The zne change frm RS (Single Family Residential) t CR (Retail Cmmercial) fr the abve defined area be granted, subject t the fllwing cnditin: (1) The applicant may be required t prvide a Transprtatin Impact Analysis (TIA) t identify the impacts f the prpsed develpment n the transprtatin system. The applicant shall cnstruct any necessary mitigatin measures identified in the TIA. The City Traffic Engineer will determine the need fr a TIA based n the develpment prpsed fr the site, and review and apprve the TIA fr cnfrmance with City Standards. Cnstructin plans fr the develpment will nt be reviewed withut an apprved TIA r a waiver frm the City Traffic Engineer. (2) The applicant be required t cnstruct a ten ft wall within 12 mnths f finalizatin f zne change, n nrth and west sides f the prperty. ADOPTED byjgfcje Planning Cmmissin this 21st day f Nvember / l/l President, Planning Cmmissin APPEAL PERIOD ENDS: December Cpies f the staff reprt cntaining the Facts and Findings adpted by the Planning Cmmissin are available upn request at Rm 305, Civic Center, during City business hurs, 8:00 a.m. t 5:00 p.m. Planning Cmmissin Vte: Yes 7 N 0

4 Vicinity Map 3800 Blck f Cmmercial Street SE Inset Map CANVASRACK CT SE Mc GILCHRIST! FAIRVIEW.MADRONA BROWNING AVE KUEBLER SPEARS AVENUE SE HlLLVIEW PARK OAKHILL AVENUE S E LANTZ STREET SE «MWA COURT HOLMES COURT SE FRIAR C O U R T SE HURON COURT HOVENDEN COURT SE Subject Prperties - WAY This prduct is prvided as is, withut warranty. In n event is the City f Salem liable fr damages frm the use f this prduct. This prduct is subject t license and cpyright limitatins and further distributin r resale is prhibited. Legend Outside Salem City Limits Urban Grwth Bundary X Schls Parks Taxlts 'cjjsir^^ c5 r Y O U R SERVICE Cmmunity Develpment Dept.

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6 CERTIFICATION OF MAILING STATE OF OREGON ) CITY OF SALEM ) I, Judy Cpeland, d hereby certify that I, n the 30 th day f Nvember 2006 caused t be sent interffice t the Department f Land Cnservatin and Develpment Ntice f Adptin fr CPC/ZC A cpy f which is filed in the case file. DATED at Salem, Oregn, this 30 th day f Nvember 2006

7 (12/7/2006) Mara Ulla - Re: Ntice f Adptin Page 1 Frm: T: Date: Subject: "Kevin Russell" <KRussell@cityfsalem.net> ULLOA Mara <Mara.Ulla@state.r.us> 12/6/06 7:29 AM Re: Ntice f Adptin It is fr the 3800 Blck f Cmmercial...! will fax ver a crrected ntice. Regards, Kevin Russell»> "Mara Ulla" <Mara.Ulla@state.r.us> 12/5/2006 7:58 PM»> Kevin, I received a ntice f Adptin fr Lcal file number CPC/ZC and Reslutin N. PC They have cnflicting lcatins and I want t make sure f what yu are adpting. I think it was intended t adpt a Cmprehensive Plan Map and Zning Map change fr prperty lcated n 3800 Cmmercial St. NE, but the Ntice reads: 2500 Blck f Bne Rad Wuld yu be able t please fax ver a crrected Ntice r Reslutin, s that they bth match. Yu can get new frms at: Thanks fr yur help, Mara Ulla Plan Amendment Specialist Department f Land Cnservatin and Develpment 635 Capitl St NE, Ste 200 Salem OR x Fax mara.ulla@state.r.us