Department of Land Conservation and Development 635 Capitol Street, Suite 150 Salem, OR Theodore R. Kulongoski, Governor (503)

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1 Oregn Department f Land Cnservatin and Develpment 635 Capitl Street, Suite 150 Salem, OR Thedre R. Kulngski, Gvernr (503) NOTICE OF ADOPTED AMENDMENT March 31, 2008 Fax (503) TO: FROM. Subscribers t tice f Adpted Plan r Land Use Regulatin Amendments 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: April 16, 2008 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 Darren Nichls, DLCD Cmmunity Services Divisin Manager Thmas Hgue, Plicy Analyst Bill Hlmstrm, DLCD Transprtatin Planner Lisa Andersn, City f Salem <paa> y/phne

2 D NOTICE OF ADOPTION A T E e p t f S T A M P THIS FORM MUST BE MAILED BY D L C D WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION PER ORS , OAR CHAPTER DIVISION 18 mar 26 M * Jurisdictin: City f Salem Lcal File Number: CPC/ZC 08-4 Date f Adptin: March Date Mailed: March Date this tice f Prpsed Amendment was mailed t DLCD: January Cmprehensive Plan Text Amendment Cmprehensive Plan Map Amendment Land Use Regulatin Amendment Zning Map Amendment Other: New Land Use Regulatin Summarize the adpted amendment. D nt use technical terms. D nt write "See Attached." Changed the m e Salem Oettern Area /Atecl Cmprehensive u i l l k i i c i i c i i a i v c Plan r i a i i map m a y designatin u c a m n u u n frm iivmh "Industriar.. mwjw.h. t ^ 1ndustnal-CmmerciaJ"j^...«^w the zning district frm 1(3 (General Industrial) t IC (Industrial Cmmercial) fr prperty acres in size and cated at 1351, Tandem Avenue NE (Marin Cunty Assessrs Map and Tax Lt Numbers 073W11DA00600, and 073W11DB01400 and 01500). 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 "N/A." Same Plan Map Changed frm: Industrial t: Industrial Cmmercial Zne Map Changed frm: IG (General Industrial) t: IC (Industrial Cmmercial) Lcatin: Tandem Avenue NE Acres Invlved: Acres Specify Density: Previus: New Applicable Statewide Planning Gals: Was an Exceptin Prpsed: YES NO Did the Department f Land Cnservatin and Develpment receive a tice f Prpsed Amendment. Frty-five (45) days prir t first evidentiary hearing? If n, d the statewide planning gals apply? If n, did Emergency Circumstances require immediate adptin? _ Yes Yes Yes Affected State f Federal Agencies, Lcal Gvernments r Special Districts: Lcal Cntact: Lisa Andersn. Assciate Planner Phne: (503) Extensin: 7581 Address: 555 Liberty Street SE, Rm 305 City: Salem Zip: Address: lmandersn@cityfsalem.net

3 RESOLUTION NO.: PC 08-5 MPREHENSIVE PLAN CHANGE/ZONE CHANGE 08-4 WHEREAS, a petitin fr a Cmprehensive Plan change frm "Industrial" t "IndustrialCmmercial," and zne change frm IG (General Industrial) t IC (Industrial Cmmercial) fr prperty lcated at 1351, 1400, 1415, 1430 Tandem Avenue NE O was filed by Cascadia Canyn LLC, Applicant, Jeff Trss, Representative 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 March 18, 2008, 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 < CL BE IT RESOLVED BY THE PLANNING MMISSION OF THE CITY OF SALEM, OREGON. 10 Sectin 1 FINDINGS: The Planning Cmmissin hereby adpts as its findings f fact the staff reprt(s) n this matter dated March 18, 2008, herewith attached and by this reference incrprated herein. I Sectin 2. ORDER: <2 t- > t 0 IO ^ i in^ Z LL) _ in IO z 9 Z _J < in _ ui, ^ ^ ULI L W Q. U. Based upn the freging findings and cnclusins, it is hereby rdered: (a) The prpsed Cmprehensive Plan change in this matter frm "Industrial" t "Industrial-Cmmercial" be granted; (b) The zne change frm IG (General Industrial) t IC (Industrial Cmmercial) fr the abve defined area be granted, subject t the fllwing cnditins: 1 2 All f the uses within the Industrial Cmmercial (IC) zne shall be allwed except fr the fllwing: US Pst Office, fast fd with drive-thru, supermarket, gasline service statin, discunt superstre, and garden supply center. I The applicant shall recrd in deed recrds f Marin Cunty, Oregn, the prvisins f a restrictive cvenant that adpts the terms f this cnditin by reference, and shall run with the land. The prperty subject t the restrictive cvenant shall include the prperty subject t the Cmprehensive Plan and zning map amendments. This cnditin shall limit traffic impacts frm future develpment such that a maximum f 5,000 average daily trips are generated by the prpsed use r uses. At the time f develpment review fr any prpsed use n the prperty subject t the restrictive cvenant, the prpsed develpment's average daily trips shall be calculated pursuant t the then-current Institute f Transprtatin Engineers (ITE) Trip Generatin manual. develpment n the prperty shall be allwed that causes average daily trips f the prperty subject t the cvenant t exceed 5,000 average daily trips. 3. All cnditinal uses shall be permitted except fr the residential uses listed under SRC (h).

4 ADOPTED by the Planning Cmmissin this 18th day f March Appeal f a Planning Cmmissin decisin is t the Salem City Cuncil (Cuncil), as set frth in Sectin f the Salem Revised Cde (SRC). Written ntice f an appeal and the applicable fee shall be filed with the Planning Administratr within fifteen days after the recrd date f the decisin. Salem Revised Cde states that whether r nt an appeal is filed, the Cuncil may, by majrity vte, initiate review f a Planning Cmmissin decisin by reslutin filed with the City Recrder. Such a review shall be initiated prir t the adjurnment f the first regular Cuncil meeting fllwing Cuncil ntificatin f the Planning Cmmissin decisin. Review shall prceed accrding t SRC Sectin APPEAL PERIOD ENDS: April 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 4 2 Absent 1 (Lewis)

5 Cmprehensive Plan Change/Zne Change 08-4 This prduct is prvided as is. withut warranty. In n event is the City l Salem liable lr damages frm the use t this prduct This prduct is subject t license and cpyright limitatins and turther distributin 01 resale is prhibited Legend j Base Zning. 1 Urban Grwth Bundary J m * Outside Salem City Limits _ Parks Schls crry c W^N - C/«IYOU*SE«VK Cmmunity Develpment Oept II \CD\Pic.i.CP.CaseJ,laps\CPC_ZCcpc_2c06-4 m«d " FM