TO: Mayor and City Council
THROUGH: Keith Stahley, City Manager
FROM: Kristin Retherford, Community Planning and Development Director
SUBJECT:
title
Modification of Council’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, subject to conditions of approval.
The comment period for this item is closed. No written or oral public comment is permitted on this item pursuant to Oregon law.
Ward(s): Ward 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, City Council affirmed the Planning Commission’s approval of a Comprehensive Plan Map Designation and Zone change from RM-II (Multiple-Family Residential II) to IG (General Industrial) for the subject property (Attachment 1), subject to the conditions of approval (Attachment 2). An appeal was filed by the applicant to the Land Use Board of Appeals (LUBA). Legal and Planning staff have discussed potential modifications to the approval with the applicant as set forth in this report. City Council will consider whether to amend its decision and modify the conditions of approval of the original decision to remove a requirement that vehicle storage areas be paved, and to allow heavy vehicle trailer service and storage.
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ISSUE:
Shall the City Council adopt Final Order 2024-5 (Attachment 3) which amends the decision for Comprehensive Plan Map Designation and Zone change, Case No. CPC-ZC24-01 by modifying the conditions of approval?
RECOMMENDATION:
recommendation
Adopt Final Order 2024-5 which amends the decision for Comprehensive Plan Map Designation and Zone change, Case No. CPC-ZC24-01 by modifying the conditions of approval.
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FACTS AND FINDINGS:
Procedural Findings
1. The following items are submitted to the record and are available: 1) all materials and testimony submitted by the applicant, including any applicable professional studies such as traffic impact analysis, geologic assessments, stormwater reports, and: 2) materials, testimony, and comments from public agencies, City Departments, neighborhood associations, and the public. All application materials are available on the City’s online Permit Application Center at <https://permits.cityofsalem.net>. You can use the search function without registering and enter the permit number listed here: 23 122305.
2. The subject property was redesignated and rezoned from Industrial and IG (General Industrial) to Multiple Family Residential RM-II (Multiple Family Residential II) through the Our Salem project. Our Salem was effective on August 22, 2022; the current owner purchased the property on November 30, 2022.
3. 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).
4. On March 19, 2024, The Planning Commission approved the applications with five conditions of approval.
5. An appeal of the Planning Commission decision was filed by the applicant.
6. On May 28, 2024, the City Council conducted 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. On June 10, 2024 the City Council adopted Final Order 2024-2.
7. On June 27, 2024, the applicant appealed the City’s decision to the Land Use Board of Appeals (LUBA). After subsequent discussions with the applicant, the City moved to withdraw the decision for reconsideration, and LUBA granted the motion. When a decision is withdrawn for reconsideration, the City has the opportunity to review and potentially revise the original decision. The City must issue its decision on reconsideration within 90 days of the original decision being withdrawn. The deadline for the decision is January 23, 2025.
Substantive Findings
1. Council Decision:
The City Council approved a Comprehensive Plan Map Designation and Zone change from Multiple Family and RM-II zoning to Industrial and IG zoning, subject to four conditions of approval.
The decision covers two properties, one located at 650 15th Street SE and one at an unaddressed lot across Leslie Street SE; both were formerly used as a fuel storage facility. The approval changed the zoning back to the previous zoning, prior to the Our Salem update of the Salem Area Comprehensive Plan.
The properties are subject to an Oregon Department of Environmental Quality (DEQ) deed restriction that prohibits residential and agricultural uses of the properties due to soil contamination from the previous use as a fuel storage site. The requested Comprehensive Plan Designation and Zone change was made because the properties cannot be developed for residential uses in their current designation and zoning. The City was unaware of the DEQ restriction when the property was rezoned for residential uses.
The City Council found that due to the deed restriction recorded against the subject properties, the proposal to change the properties back to the previous designation and zone of Industrial and IG to allow for Industrial uses met the criterion of ‘equally or better suited designation,’ provided mitigation was provided between the multi-family zoned properties surrounding the subject properties.
The City Council found that the properties adjacent to the subject property were rezoned to multi-family through Our Salem due to their proximity to long established residential areas, access to transit, walking distance to an elementary school, Tokyo University, and Willamette University, and at the request of Willamette University. Staff’s research indicates that the surrounding properties do not have similar DEQ restrictions on them, indicating they may be redeveloped for housing in the future.
The City Council affirmed the Planning Commission’s decision which imposed both use restrictions and landscaping and screening. The uses that were deemed too impactful and less compatible with the surrounding RM-II zoned areas were prohibited on the property.
With the restricted uses the Planning Commission found, and the City Council affirmed, the proposal would allow for more uses than the existing RM-II zone while restricting those uses which can generate pollutants, noise, sediment, and water contamination which are not compatible with residential uses and be generally incompatible with a residential area.
Additional measures were adopted to lessen the overall impact of industrial uses on residential uses, including screening for all types of outdoor storage, paving instead of gravel and overall landscaping. The conditions can be found in the City Council decision (Final Order 2024-2) in Attachment 2.
2. Applicant’s Request for Reconsideration
On June 27, 2024, the applicant appealed the City’s decision to the Land Use Board of Appeals (LUBA). Upon subsequent discussions with the applicant regarding the allowed uses on the subject properties, the City moved to withdraw the decision for reconsideration, and LUBA granted the motion. When a decision is withdrawn for reconsideration, the City has the opportunity to review and potentially revise the original decision. The City must issue its decision on reconsideration within 90 days of the original decision being withdrawn.
The applicant has indicated a proposed use of the property for storage of construction vehicles, which is classified as a Heavy vehicle and trailer service and storage use, pursuant to SRC 400.055(g) (Attachment 4). Heavy vehicle and trailer service and storage is a prohibited use as listed in Condition 1. This use is described as follows in SRC Chapter 400 Use Classifications:
“Characteristics. Heavy vehicle and trailer service and storage is characterized by establishments providing repair, service, testing, maintenance, cleaning, storage, and other services for heavy vehicles, heavy-duty trailers, and heavy equipment. In most cases, the general public rarely, if ever, comes to the site. Heavy vehicles, heavy-duty trailers, and heavy equipment are often stored on-site, often outside.
Examples. Storage and maintenance facilities for buses, including those owned and operated by public transit agencies and school transportation service providers; storage and maintenance facilities for establishments that collect solid waste; repair and maintenance of tractors; repair and maintenance services for heavy vehicles and heavy equipment; truck driving and heavy equipment operation training schools; truck stops.”
The applicant has submitted a site plan indicating a landscaped buffer yard between the proposed vehicle storage area and abutting RM-II zoned property to the north to demonstrate how they can comply with Condition 3. As the surrounding RM-II zoned properties are not currently developed for multiple-family uses, the proposed vehicle storage will have little impact on the surrounding area. With the proposed and conditioned landscaping and screening, the proposed use will not be detrimental to the surrounding area.
The applicant has also requested the removal of Condition 2, which requires paving of any vehicle storage areas. Staff is supportive of removing this condition because vehicle storage areas are not normally required to be paved in the Industrial General (IG) zone and the difference between gravel and paving for a storage area is largely aesthetic. The driveway apron will need to be paved to ensure that gravel is not tracked onto City streets and does not damage them. The other conditions require outdoor storage to be screened with landscaping or a sight-obscuring fence or wall from the abutting residentially zoned properties, and that 15% of the overall site be landscaped.
The intent of the conditions of approval were to mitigate the impacts of industrial uses from the adjacent residentially zoned properties. The proposed use can have impacts related to noise, odors, fumes, and traffic. However, the proposed conditions of approval related to landscaping and screening could mitigate the impacts. Staff finds that the screening and landscaping required in the remaining conditions, would fulfill the intent of the Planning Commission and City Council. Additional uses have not been identified but they would need to be uses that are not prohibited in the conditions of approval. The revised conditions, as proposed, are below and can be found in Attachment 3:
Condition 1: The following uses/activities allowed within the IG (General Industrial) zone shall be prohibited uses/activities allowed on the subject properties:
|
General Industrial Zoning District |
|
Use |
Limitations & Qualifications |
|
Motor vehicle and manufactured dwelling and trailer sales |
N |
|
Motor vehicle services |
N |
|
Heavy vehicle and trailer sales |
N |
|
Heavy vehicle and trailer service and storage |
N |
|
Major event entertainment |
N |
|
Cleaning plants |
N |
|
Industrial services |
N |
|
Heavy wholesaling |
N |
|
General manufacturing |
N |
|
Heavy manufacturing |
N |
|
Aviation facilities |
N |
|
Passenger ground transportation services |
P - Transit stop shelters |
|
|
N - All other passenger ground transportation facilities |
|
Marine facilities |
N |
|
Fuel dealers |
N |
|
Waste-related facilities |
N |
|
Petroleum and natural gas production |
N |
|
Surface mining |
N |
|
Agriculture and forestry services |
N |
|
Keeping of livestock and other animals |
N |
|
Animal services |
P - All other uses allowed |
|
|
N - Boarding |
Condition 2: Any vehicle storage areas shall be paved with a hard surface material meeting Public Works Design Standards.
Condition 3 2: Outdoor storage shall be screened with landscaping or a site-obscuring fence or wall from abutting residentially zoned properties to the north, east, and west.
Condition 4 3: At the time of development, a minimum of 15% of the development site shall be landscaped meeting the Type A standards set forth in SRC Chapter 807. Other required landscaping under the UDC, such as landscaping required for setbacks or vehicular use areas, may count towards this requirement.
Alternatives:
The City Council may:
I. AMEND their decision approving it with amended conditions of approval;
II. DECLINE to amend their decision.
If the City Council declines to amend their decision, their June 10, 2024 decision will stand and the applicant can move forward with their appeal at LUBA.
Attachments:
1. Vicinity Map
2. City Council’s June 10, 2024 Final Order 2024-2
3. Final Order 2024-5
Exhibit 1 to Final Order 2024-5
4. Applicant’s Written Statement