TO: Mayor and City Council
THROUGH: Keith Stahley, City Manager
FROM: Kristin Retherford, Community Planning and Development Director
SUBJECT:
title
Adoption of Final Order No. 2024-2 following City Council’s vote to affirm the Planning Commission’s decision approving a Comprehensive Plan Map Designation and Zone change to Industrial and IG (General Industrial) for property located at 650 15th Street SE.
Ward(s): 2
Councilor(s): Nishioka
Neighborhood(s): Southeast Salem Neighborhood Association
Result Area(s): Welcoming and Livable Community
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SUMMARY:
summary
On May 28, 2024, the City Council held a public hearing, received testimony, and closed the public hearing. The City Council conducted deliberations on May 28, 2024, and voted to affirm the Planning Commission’s decision to approve the consolidated application for Minor Comprehensive Plan Map Amendment and Zone Change Case No. CPC-ZC24-01, with conditions.
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ISSUE:
Shall the City Council adopt the Final Order to affirm the Planning Commission’s decision to approve the consolidated application for Minor Comprehensive Plan Map Amendment and Zone change Case No. CPC-ZC24-01?
RECOMMENDATION:
recommendation
Adopt the Final Order to affirm the Planning Commission’s decision to approve Minor Comprehensive Plan Map Amendment and Zone change Case No. CPC-ZC24-01.
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FACTS AND FINDINGS:
1. On November 13, 2023, On November 13, 2023, Britany Randall, of BRAND Land Use, filed a consolidated application for a Minor Comprehensive Plan Map Amendment, Quasi-Judicial Zone Change on behalf of the applicant and property owner, Robert Bolt. The application request is to change the Comprehensive Plan designation from “Multiple-Family” to “Industrial” and change the zoning from RM-II (Multiple-Family Residential) to IG (General Industrial).
2. After additional requested information was provided by the applicant, the applications were deemed complete for processing on January 24, 2024.
3. Public notice of the proposal was provided pursuant to Salem Revised Code (SRC) requirements, on February 7, 2024. Public notice was posted on the property by the applicant’s representative on February 15, 2024.
4. DLCD Notice: State law (ORS 197.610) and SRC 300.620(b)(1) require the City to provide the Oregon Department of Land Conservation and Development (DLCD) a minimum 35-day notice when an applicant or the City proposes an amendment to an acknowledged Comprehensive Plan or land use regulation or to adopt a new land use regulation. Required notice of the proposed Comprehensive Plan Change and Zone Change application was provided to DLCD on February 16, 2024.
5. On February 27, 2024, a public hearing was held before the Planning Commission to receive evidence and testimony on the proposal. The Planning Commission received testimony from the applicant. No public testimony was received. The Planning Commission made a motion to continue the public hearing to March 19, 2024.
6. On March 19, 2024, a second public hearing was held before the Planning Commission to receive evidence and testimony on the proposal. The Commission closed the hearing, conducted deliberations, and voted to approve the applications with recommended conditions of approval, with the exception of edited condition 1, striking commercial parking, as recommended in the supplemental report dated March 19, 2024.
7. On March 25, 2024, a timely Notice of Appeal was filed by the applicant. SRC 300.120(c) provides that for consolidated applications, the Review Authority shall be the highest numbered procedure type required for any land use applications. Per SRC Chapter 300, Table 300-2, City Council is the review authority for an appeal of a Minor Comprehensive Plan Map Amendment; therefore, City Council is the Review Authority for the appeal of this consolidated application.
8. A hearing was scheduled before the City Council on May 28, 2024.
9. On May 6, 2024, notice of the hearing was sent to the Southeast Salem Neighborhood Association and surrounding property owners and tenants pursuant to Salem Revised Code requirements. Notice of the hearing was posted on the subject property on May 14, 2024.
10. On May 28, 2024, the City Council conducted a public hearing, received testimony, and closed the public hearing.
11. The City Council conducted deliberations on May 28, 2024, and voted to affirm the Planning Commission’s decision to approve the consolidated application for Minor Comprehensive Plan Map Amendment and Zone Change Case No. CPC-ZC24-01, with conditions.
12. 120 Day Rule: Pursuant to Oregon Revised Statutes (ORS) 227.128, amendments to an acknowledged Comprehensive Plan are not subject to the 120-day rule. In addition, the additional applications included with the proposal are similarly not subject to the 120-day rule because, pursuant to ORS 227.178(10), they have been filed concurrently, and are being considered jointly, with the proposed comprehensive plan amendment.
BACKGROUND:
The original staff report and its attachments are available from the City’s website: https://salem.legistar.com/View.ashx?M=A&ID=1123868&GUID=0853025B-8371-46B8-843D-CCC37E3FA948. The entire case record, including the applicant’s submittals, written statements, and professional studies; all evidence and testimony submitted into the record; and all notices are available on the City’s online Permit Application Center at <https://egov.cityofsalem.net/PACPortal>. You may use the search function without registering and enter the permit number listed here: 23-122305.
Peter Domine
Planner II
Attachments:
1. Vicinity Map
2. Final Order
3. Exhibit 1