1. business and industrial
2. company
3. merger and acquisition

FOR COUNCIL MEETING OF:
AGENDA ITEM NO.:
PUBLIC WORKS FILE NO.:
September 22, 2014
4 (b)
October 13,2014
8.1 (a)
· September 29, 2014
4 (b)
TO:
r--......M_¥OR AND CITY COUNCIL
~~w~
THROUGH: LINDA NORRIS, CITY MANAGER
FROM:
PETER FERNANDEZ, P.E., PUBLie'VIl0FU(l:H)I;R
SUBJECT:
PETITION FOR VACATION OF P LIC RIGHTS-OF-WAY LOCATED
BETWEEN MISSION STREET SE, CHURCH STREET SE, WINTER
STREET SE, AND PRINGLE PARKWAY
ISSUE:
Shall City Council approve vacation of four rights-of-way located between Mission
Street SE, Church Street SE, Winter Street SE, and Pringle Parkway subject to the
following conditions of approval:
a) Petitioner to provide easements for the construction, maintenance, repair, and
replacement of existing municipal and utility facilities,
b) Petitioner to provide a Creek and Open Channel Setback and Maintenance
Easement for Pringle Creek, and
c) Petitioner to transfer land for dedication of additional right-of-way to the City, and
construct pedestrian improvements along Church Street SE as compensation for
an assessment of special benefit
RECOMMENDATION:
Approve vacation of four rights-of-way located between Mission Street SE, Church
Street SE, Winter Street SE, and Pringle Parkway subject to the following conditions of
approval:
a) Petitioner to provide easements for the construction, maintenance, repair, and
replacement of existing municipal and utility facilities,
b) Petitioner to provide a Creek and Open Channel Setback and Maintenance
Easement for Pringle Creek, and
c) Petitioner to transfer land for dedication of additional right-of-way to the City, and
construct pedestrian improvements along Church Street SE as compensation for
an assessment of special benefit
Petition for Vacation of Public Rights-of-Way Located Between Mission Street SE, Church
Street SE, Winter Street SE, and Pringle Parkway
For Council Meeting of September 22, 2014
Page 2
SUMMARY AND BACKGROUND:
The City of Salem has received a petition from Salem Health, Inc., Norm Gruber,
President (Salem Health), to vacate four rights-of-way located between Mission
Street SE, Church Street SE, Winter Street SE, and Pringle Parkway (Attachment 1,
Vicinity Map). The vacation of the existing rights-of-way are an integral part of the
development plan submitted by Salem Health to construct an outpatient rehabilitation
facility. It was believed the subject rights-of-way had been vacated at the time other
nearby rights-of-way had been vacated in the late-1800s, but after further research it
was determined these rights-of-way had never been vacated. Salem Health has asked
the City to vacate the rights-of-way and return ownership of the property encumbered
by the right-of-way in order to allow the proposed Outpatient Rehabilitation Center
project to move forward.
FACTS AND FINDINGS:
On June 5, 2014, Salem Health submitted a petition to vacate four unopened
rights-of-way located between Mission Street SE, Church Street SE, Winter Street SE,
and Pringle Parkway. The four rights of way proposed for vacation include:
1.
Leslie Street SE between Cottage Street SE and Winter Street SE
•
Approximately 66 feet wide and 348.74 feet long
•
Contains 23,017 square feet of land
2.
Cottage Street SE between Pringle Creek and Mission Street SE
•
Approximately 99 feet wide and 525 feet long
•
Contains 51,836 square feet of land
3.
University Addition Block 23 alleyway
•
Approximately 16.5 feet wide and 295 feet long
•
Contains 4,874 square feet of land
4.
University Addition Block 25 portion of alleyway
•
Approximately 16.5 feet wide and 82 feet long and 8.25 feet wide by
41.44 feet wide
•
Contains 1,684 square feet of land
The locations of these four rights-of-way are shown on Attachment 2. The legal
descriptions and surveys showing the rights-of-way proposed for vacation are provided
in Attachment 3.
On August 11, 2014, City Council directed the City Manager to set a date for the public
hearing in compliance with Oregon Revised Statutes (ORS) 271.080-271.230 and
Salem Revised Code (SRC) 255.065. The public hearing was scheduled for
September 22, 2014.
JPffLC/G:\Group\director\Judy\Councii2014\Sept 22\Final CCSR Salem Hospital Vacation Public HearingJJ.JW.DAdoc_2_RDC.docx
Petition for Vacation of Public Rights-of-Way Located Between Mission Street SE, Church
Street SE, Winter Street SE, and Pringle Parkway
For Council Meeting of September 22, 2014
Page3
The Salem Transportation System Plan (Salem TSP) establishes the goals, policies,
and objectives for planning, developing, and operating its street system.
SRC 255.065(6) implements these goals, policies, and objectives by establishing the
criteria for approving the vacation of public right-of-way. The eight criteria are listed
below along with the findings that detail how each criterion is met.
(A) The area proposed to be vacated is not presently, or will not in the future be
needed for public services, facilities, or utilities;
FINDING:
Transportation: The rights-of-way proposed to be vacated are not currently used for
public transportation services. A portion of the Leslie Street SE and Cottage Street SE
right-of-way currently serves as driveway access to Salem Hospital parking. The area
is served by Mission Street SE to the south, Church Street SE to the west, Pringle
Parkway to the north, and Winter Street SE to the east. Additionally, a path system
through Pringle Park and along Shelton Ditch provides east/west bicycle and pedestrian
connectivity between Church Street SE and Winter Street SE. Therefore, the
rights-of-way proposed to be vacated are not needed for public transportation
purposes.
Utilities: All utilities, City departments, and relevant public agencies were notified of
these proceedings. The following utilities, as well as Pringle Creek, are located within
the rights-of-way proposed for vacation.
•
Pringle Creek is located in a portion of the Cottage Street SE right-of-way that is
proposed to be vacated. Therefore, staff recommends a condition be applied to
this vacation that requires the petitioner to provide a creek and open channel
setback, and a maintenance easement for Pringle Creek in a form acceptable to
the City.
•
An existing 36-inch City storm main extends from Mission Street SE northward to
Pringle Creek in the Cottage Street SE right-of-way. Salem Health is proposing
to relocate these facilities to allow for the construction of the new Outpatient
Rehabilitation Center. As a condition of the Site Plan Review for the Outpatient
Rehabilitation Center (SPR-VAR 14-07 Condition No. 8, Attachment 4), Salem
Health is required to obtain construction permits and dedicate easements for the
replacement storm main. In order to maintain the service of the existing storm
main until the new main is operational, staff recommends that a condition be
applied to this vacation that requires the petitioner to provide an easement over
the Cottage Street SE right-of-way until the new main is complete. Upon
acceptance of the new main by the City, the City Manager can then quit claim
the existing easement.
•
A water main and a fire hydrant are currently located within a portion of Leslie
Street SE and Cottage Street SE rights-of-way that are proposed to be vacated.
Once the outpatient rehabilitation center is constructed, these facilities will no
JPffLC/G:\Group\director\Judy\Councii2014\Sept 22\Final CCSR Salem Hospital Vacation Public HearingJJ.JW.DAdoc_2_RDC.docx
Petition for Vacation of Public Rights-of-Way Located Between Mission Street SE, Church
Street SE, Winter Street SE, and Pringle Parkway
For Council Meeting of September 22, 2014
Page4
longer be needed and will be abandoned. Therefore, staff recommends a
condition be applied to this vacation that requires the petitioner to provide an
easement to protect the existing facilities until such time as the Public Works
Director determines they can be abandoned.
With the recommended conditions to provide easements for the construction,
maintenance, repair, and replacement of the existing municipal and public utilities, and
a creek and open channel setback and maintenance easement for Pringle Creek, the
proposed right-of-way vacation complies with this criterion.
(B) The vacation does not prevent the extension of, or the retention of public
services, facilities, or utilities;
FINDING: There are no adopted plans that call for the extension of new public
services, facilities, or utilities to or through the proposed areas to be vacated.
Additionally, the recommended conditions listed in section "(A)" above will serve to
protect the existing utility services. The proposed vacation will have no effect on the
provision of public utilities, services, or facilities and will not degrade transportation
services or accessibility in the area. Therefore, the proposed vacation complies with
this criterion.
(C) Public services, facilities, or utilities can be extended in an orderly and
efficient manner in an alternate location;
FINDING: There are no adopted plans that call for the extension of new public
services, facilities, or utilities through the proposed areas to be vacated. Access to the
new Outpatient Rehabilitation Facility will be provided by private driveways connecting
to Mission Street SE and Winter Street SE with an additional pedestrian access
provided to Church Street SE. The proposed vacation will have no effect on the
provision of public utilities, services, or facilities and will not degrade transportation
services or accessibility in the area. Therefore, the proposed vacation complies with
this criterion.
(D) The vacation does not impede the future best use, development of, or access
to abutting property;
FINDING: The four rights-of-way proposed for vacation are located adjacent to
property owned by Salem Health and Pringle Park, which is owned by the City of
Salem. All of the abutting properties have existing driveway access to the public street
network. Under the new development proposal, site access to the Outpatient
Rehabilitation Center, as well as existing hospital parking, will be provided by driveways
and a sidewalk network connecting to Mission Street SE and Winter Street SE with an
additional pedestrian access to Church Street SE.
The proposed right-of-way vacations will allow for the expansion of the Salem Health
Campus and will allow the construction of the proposed Salem Health Outpatient
Rehabilitation Center project to proceed.
JP/TLC/G:\Group\director\Judy\Councii2014\Sept 22\Final CCSR Salem Hospital Vacation Public HearingJJ.JW.DAdoc_2_RDC.docx
Petition for Vacation of Public Rights-of-Way Located Between Mission Street SE, Church
Street SE, Winter Street SE, and Pringle Parkway
For Council Meeting of September 22, 2014
Page 5
Therefore, the proposed vacation complies with this criterion.
(E) The vacation does not conflict with provisions of the Unified Development
Code (UDC) including the street connectivity standards and block lengths;
FINDING: The proposed vacations do not conflict with the provisions of the UDC
regarding street connectivity and block lengths. While the existing street network
exceeds the block length standards which call for a maximum street spacing of 600 feet
along one axis and 400 feet along the other axis, the connectivity of Cottage Street SE
and Leslie Street SE beyond the site of the Outpatient Rehabilitation Center project site
is limited by existing development patterns, Bush's Pasture Park, Pringle Creek, and
Shelton Ditch.
Access to the proposed Outpatient Rehabilitation Facility will be provided by private
driveways and sidewalks connecting to Mission Street SE, a Minor Arterial, and Winter
Street SE, a Collector, with an additional pedestrian access provided to Church
Street SE, a Collector. An existing path system through Pringle Park and along Shelton
Ditch provides additional east/west bicycle and pedestrian access between Church
Street SE and Winter Street SE. These facilities provide an interconnected local street
system that allows for the dispersal of traffic and encourages a mix of travel modes.
Therefore, the proposed vacation complies with this criterion.
(F) All required consents have been obtained;
FINDING: Petition-Initiated Vacations require the consent of 100 percent of the
abutting real property owners and two-thirds of the property owners within the affected
area which is defined in ORS 271.080. The applicant has submitted the signed consent
of abutting and affected property owners and staff has determined that all of the
required consents have been obtained. Therefore, the proposed vacation complies
with this criterion.
(G) Notices required by ORS 271.080-271.130 have been duly given;
FINDING: Notice of this public hearing was provided as required by
ORS 271.080-271.130. Notice was published in the Statesman Journal and posted on
the right-of-way proposed for vacation. Therefore, the proposed vacation complies with
this criterion.
(H) The public interest would not be prejudiced by the vacation.
FINDING: Approval of this vacation with the recommended Conditions of Approval is
compatible and consistent with the intent, goals, and policies of the Salem TSP and the
SRC and is in the best interest of the public health, safety, and welfare of the citizens of the
City of Salem. Therefore, the proposed vacation complies with this criterion.
JPfTLC/G:\Group\director\Judy\Council 2014\Sept 22\Final CCSR Salem Hospital Vacation Public HearingJJ.JW.DAdoc_2_RDC.docx
Petition for Vacation of Public Rights-of-Way Located Between Mission Street SE, Church
Street SE, Winter Street SE, and Pringle Parkway
For Council Meeting of September 22, 2014
Page6
Public Comment
As of the date of the preparation of this staff report, no comments have been received.
Assessment of Special Benefit
In accordance with SRC 255.065(b)(7)(C), City Council may, at its discretion, require a
petitioner for a vacation to pay an assessment of special benefit in an amount deemed
by City Council to be just and equitable under the circumstances. The amount of the
assessment is generally determined by computing the square foot value of property in
the vicinity of the vacation and taking this figure and multiplying it by the square footage
of the area to be vacated. Special benefits also include the costs of public
improvements in the vacated area.
The Real Property Services Division of the Urban Development Department estimated
the value of the right-of-way for this vacation at $16.46 per square foot without
easements (Attachment 5). This amount would be reduced by 50 percent with the
reservation of a utility easement. Applying these values to the approximately
81,411 square feet of the vacation with easements over portions of the rights-of-way
yields a total approximate value of $724,000.
Staff and petitioner have discussed the possibility of the petitioner conveying to the City
five feet of the petitioner's property along Church Street SE, from Mission Street SE to
the north end of petitioner's property, and constructing an eight-foot sidewalk and
landscaping in the right-of-way along Church Street SE from Mission Street SE to the
driveway entrance to Pringle Park (Attachment 6, Enhanced Pedestrian Improvements
Map) The approximate value of the property conveyance and improvements is
$120,000.
The proposed Outpatient Rehabilitation Center project creates a unique opportunity to
provide improvements that would strengthen the pedestrian connection between two
important City resources, Bush's Pasture Park and Pringle Park, as well as serve the
proposed Salem Hospital Commemorative Garden and Adaptive Playground for
disabled children.
Further, the rights-of-way proposed for vacation have not been used by the public for
several decades, and the parties had assumed the area had previously been vacated.
Due to the public benefit provided by the dedication of additional right-of-way for
pedestrian improvements along Church Street SE, and the condition of the right-of-way
proposed for vacation, staff recommends City Council accept as payment of the
assessment of special benefit the conveyance of additional right-of-way along Church
Street SE and the construction of the sidewalk and landscaping improvements through
the following condition of approval:
•
Dedicate an additional five feet of right-of-way along the Church Street SE
frontage,
JPffLC/G:\Group\director\Judy\Councii2014\Sept 22\Final CCSR Salem Hospital Vacation Public HearingJJ.JW.DAdoc_2_RDC.docx
Petition for Vacation of Public Rights-of-Way Located Between Mission Street SE, Church
Street SE, Winter Street SE, and Pringle Parkway
For Council Meeting of September 22, 2014
Page 7
•
Extend the proposed eight-foot-wide sidewalk being constructed as a part
of the Outpatient Rehabilitation Center project northward approximately
20 feet to connect to the Pringle Park driveway, and
•
Provide landscaping including street trees along the east side of the
sidewalk
These improvements, along with the eight-foot-wide sidewalk being constructed by the
Hospital as a part of the proposed Outpatient Rehabilitation Center, will create special
and distinctive tree-lined walkway that will reinforce the park to park connection. These
improvements will also serve to strengthen the unique identity and character of this
portion Church Street SE.
Conclusion
With the recommended conditions, the proposed vacation of rights-of-way is consistent
with the intent, goals, and policies of the Salem TSP and the SRC and complies with
the criteria established in SRC 255.065(6). The proposed vacation will not affect the
provision of public utilities, services, or facilities and will not degrade transportation
services or accessibility in the area. Approval of this vacation is in the best interest of
the public health, safety, and welfare of the citizens of the City of Salem and furthers
the public interest by releasing unneeded public property .
. Alternatives
City Council may:
1. Enact an ordinance granting the vacation, in whole or in part;
2. Enact an ordinance granting the vacation, in whole or in part, with conditions or
reservations it deems to be in the public interest, or
3. Adopt a resolution rejecting the proposed vacation.
Staff recommends City Council approve the vacation of four rights-of-way located
between Mission Street SE, Church Street SE, Winter Street SE, and Pringle Creek
subject to the following conditions:
a) Petitioner to provide easements for the construction, maintenance, repair, and
replacement of existing municipal and utility facilities,
b) Petitioner to provide a Creek and Open Channel Setback and Maintenance
Easement for Pringle Creek, and
JP!TLC/G:\Group\director\Judy\Councii2014\Sept 22\Final CCSR Salem Hospital vacation Public HearingJJ.JW.OAdoc_2_RDC.docx
Petition for Vacation of Public Rights-of-Way Located Between Mission Street SE, Church
Street SE, Winter Street SE, and Pringle Parkway
For Council Meeting of September 22, 2014
Page8
c) Petitioner to transfer land for dedication of additional right-of-way to the City, and
construct pedestrian improvements along Church Street SE as compensation for
an assessment of special benefit.
~~
Robert C andler, Ph.D, P.E.
Assistant Public Works Director
Attachments:
1: Vicinity Map
2: Detailed Location Map
3: Legal Description of Proposed Vacation
4: Site Plan Review SPR-VAR 14-07
5: Assessment of Special Benefit Valuation
6: Enhanced Pedestrian Improvements
Ward2
September 10, 2014
Prepared by: Judith Johnduff, Associate Transportation Planner
JPffLC/G:\Group\director\Judy\Council 2014\Sept 22\Final CCSR Salem Hospital Vacation Public HearingJJ.JW.DAdoc_2_RDC.docx
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This product Is provided as Is, without warranty.
In no event Is the Clly of Salem liable for damages
from the use of this producl This product Is subject
to license and copyright limllatlons
and further distribution or resale Is prohibited.
ATTACHMENT 3
EXHIBIT "A"
LEGAL DESCRIPTION
Cottage Street Vacation
"University Addition to the City of Salem"
City of Salem, Oregon
(Cottage Street Vacation}
A Tract of Land located in the Northwest one-quarter of the Southeast one-quarter of
Section 27, Township 7 South, Range 3 West, of the Willamette Meridian, City of
Salem, Marion County, Oregon, being a portion of Cottage Street in "University Addition
to the City of Salem", recorded In Volume 1, Page 32, Book of Town Plats for Marion
County, Oregon, and being more particularly described as follows:
Beginning at the southeast corner of Lot 4, Block 24 of said plat of "University Addition
to the City of Salem", also being a point on the northerly right-of-way line of Mission
Street;
Thence North 19°27'30" East, along the easterly line of said Block 24, the northerly
extension thereof, and the easterly line of Block 25, of said "University Addition to the
City of Salem", a distance of 525.11 feel, to the northerly line of Parcel 2, of that
property described and conveyed to Salem Hospital, an Oregon non-profit corporation,
in Bargain and Sale Deed recorded October 19, 2010 as Reel3225, Page 405, Marion
County Deed Records, also being a point on the south bank of Pringle Creek;
Thence leaving the easterly line of said Block 25, South 31 °03'27" East, along said
southerly bank of Pringle Creek, a distance of 3.44 feet, to a point on the easterly
extension of the south line of Lot 2, Block 25, of said "University Addition to the City of
Salem";
Thence South 70°31 '56" East, along the easterly extension of the south line of said Lot
2, a distance of 96.35 feet, to the southwest corner of Lot 7, Block 22, of said "University
Addition to the City of Salem";
Thence South 19°27'30" West, along the westerly line of said Block 22, the southerly
extension thereof, and the westerly line of Block 23, of said "University Addition to the
City of Salem", a distance of 524.20 feet, to the southwest corner of Lot 5, of said Block
23, also being a point on the northerly right-of-way line of Mission Street;
Exhibit , A"
lof2
Thence North 69°47'46" West, along said northerly right-of-way line, a distance of 99.00
feet, to the Point of Beginning.
Containing 51,836 square feet more or less.
This legal Description along with the Basis of Bearings thereof is held to be
North 69°47'46" West, along the centerline of Mission Street.
Exhibit "A"
2 of2
EXHIBIT "8"
"UNIVERSITY ADDITION TO THE CITY OF SALEM"
COTTAGE STREET
VACA~ON
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SEE ATTACHED
LEGAL DESCRIPTION
205 SE Spokane Street, Suite 200, Portland, OR 97202
phone: 503.221.1131 www.hhpr.com fux: 503.221.1171
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EXHIBIT "A"
LEGAL DESCRIPTION
Alley Vacation
Block 25, "University Addition to City of Salem"
City of Salem, Oregon
(Block 25. Alley Vacation)
A Tract of Land located in the Northeast one-quarter and the Southeast one-quarter of
Section 27, Township 7 South, Range 3 West, of the Willamette Meridian, City of
Salem, Marion County, Oregon, and being a portion of the alley in Block 25 of
"University Addition to the City of Salem", recorded in Volume 1, Page 32, Book of Town
Plats for Marion County, Oregon, also being a portion of Parcels 1 and 2 of that property
described and conveyed to Salem Hospital, an Oregon non-profit corporation, in
Bargain and Sale Deed recorded October 19, 2010 as Reel3225, Page 405, Marion
County Deed Records, being more particularly described as follows:
Beginning at the southeast corner of Lot 7, Block 25, of said plat of "University Addition
to the City of Salem";
Thence North 19°27'30" East, along the east line of said Lot 7, a distance of 82.70 feet
to the northeast corner thereof;
Thence South 70°31 '45" East, along the easterly extension of the northerly line of said
Lot 7, a distance of 8.25 feet to a point on the westerly line of said Parcel 2, being the
centerline of the 16.50 foot wide Alley, of said Block 25;
Thence North 19°27'30" East, along said westerly line, a distance of 41.44' feet to the
most northerly corner of said Parcel 2, being a point on the south bank of Pringle Creek;
Thence along said south bank of Pringle Creek, South 38°28'34" East, a distance of
9. 74 feet, to a point on the west line of Lot 1, of said Block 25 of "University Addition to
the City of Salem" also being the easterly line of said alley;
Thence South 19°27'30" West, along the westerly line of Lots 1 and 2, of said Block 25
of "University Addition to the City of Salem", a distance of 118.84 feet, to the southwest
corner of said Lot 2;
Exhibit u A"
1 of2
Thence North 70°57'33" West, along the westerly extension of the south line of said
Lot 2, a distance of 16.50 feet, to the Point of Beginning.
Containing 1,684 square feet more or less.
This legal Description along with the Basis of Bearings thereof is held to be
North 69°47'46" West, along the centerline of Mission Street.
Exhibit u A"
2 of2
EXHIBIT "8"
"UNIVERSITY ADDITION TO THE CITY OF SALEM"
BLOCK 25, ALLEY VACATION
LEGEND
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VACATION
1,684 SQ.FT.
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L/\NDSC/\PE ARCHITECTS • SURVEYORS
SEE ATTACHED
LEGAL DESCRIPTION
EXPIRES 12-31-15
205 SE Spokane Street, Suite 200, Portland, OR 97202
phone: 503.221.1131 www.hhpr.com fax: 503.221.1171
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EXHIBIT "A"
LEGAL DESCRIPTION
Alley Vacation
Block 23, "University Addition to the City of Salem"
City of Salem, Oregon
(Block 23. Alley Vacation)
A Tract of Land located in the Northwest one-quarter of the Southeast one-quarter of
Section 27, Township 7 South, Range 3 West, of the Willamette Meridian, City of
Salem, Marion County, Oregon, and being all of the alley in Block 23 of "University
Addition to the City of Salem", recorded in Volume 1, Page 32, Book of Town Plats for
Marion County, Oregon, being more particularly described as follows:
Beginning at the southeast corner of Lot 5, Block 23, of said plat of "University Addition
to the City of Salem", also being a point on the northerly right-of-way line of Mission
Street;
Thence leaving said northerly right-of-way line, North 19°27'30" East, along the easterly
lines of Lots 5 through 8, of said Block 23, a distance of 295.28 feet, to the Northeast
corner of said Lot 8, of said Block 23, also being a point on the southerly right-of-way
line of Leslie Street;
Thence leaving said easterly line, South 70°32'30" East, along the northerly line of said
Block 23, also being the southerly right-of-way line of Leslie Street, a distance of 16.50
feet, to the Northwest corner of Lot 1 , of said Block 23;
Thence leaving said northerly line, South 19°27'30" West, along the westerly lines of
Lots 1 through 4, of said Block 23, a distance of 295.50 feet, to the southwest corner of
Lot 4, of said Block 23, also being a point on the northerly right-of-way line of Mission
Street;
Exhibit "A"
1 of2
Thence leaving said westerly line, North 69°47'46" West, along the southerly line of said
Block 23, also being the northerly right-of-way line of Mission Street, a distance of 16.50
feet, to the Point of Beginning;
Containing 4,874 square feet, more or less.
This legal Description along with the Basis of Bearings thereof is held to be
North 69°47'46" West, along the centerline of Mission Street.
REGISTERED
PROFESSIONAL
NO SURVEYOR
Exhibit "A"
2 of2
EXHIBIT "8"
"UNIVERSITY ADDITION TO THE CITY OF SALEM"
BLOCK 23, ALLEY VACATION
SCALE
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REGISTERED
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E N G I t~ E E R S + P L A N N E R S
LIINDSC/\PE /IRCHITECTS • SURVEYORS
205 SE Spokane Street, Suite 200, Portland, OR 97202
phone: 503.221.1131 www.hhpr.com fax: 503.221.1171
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EXHIBIT" A"
LEGAL DESCRIPTION
Leslie Street Vacation
"University Addition to the City of Salem"
City of Salem, Oregon
(Leslie Street Vacation}
A Tract of Land located in the Southeast one-quarter of Section 27, Township 7 South,
Range 3 West, of the Willamette Meridian, City of Salem, Marion County, Oregon, being
a portion of Leslie Street in "University Addition to the City of Salem", recorded In
Volume 1, Page 32, Book of Town Plats for Marion County, Oregon, and being more
particularly described as follows:
Beginning at the northwest corner of Lot 8, Block 23, of said plat of "University Addition
to the City of Salem";
Thence North 19°27'30" East, along the northerly extension of the westerly line of said
Lot 8, a distance of 66.00 feet, to the southwest corner of Lot 5, Block 22, of said
"University Addition to the City of Salem";
Thence South 70°32'30" East, along the southerly line of said Block 22, a distance of
348.74 feet, to the southeast corner of Lot 4, of said Block 22, also being a point on the
westerly right-of-way line of Winter Street SE;
Thence South 19°27'30" West, along said westerly right-of-way line, a distance of 66.00
feet, to the northeast corner of Lot 1, Block 23, of said "University Addition to the City of
Salem";
Exhibit "A"
1 of2
Thence North 70°32'30" West, along the northerly line of said Block 23, a distance of
348.74 feet, to the Point of Beginning;
Containing 23,017 square feet more or less.
This legal Description along with the Basis of Bearings thereof is held to be
North 69°47'46" West, along the centerline of Mission Street.
REGISTERED
PROFESSIONAL
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Exhibit "A"
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EXHIBIT "8"
"UNIVERSITY ADDITION TO THE CITY OF SALEM"
LESLIE STREET VACATION
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LEGAL DESCRIPTION
EXPIRES 12- 31 - 15
ARCHITECTS • SURVEYORS
205 SE Spokane Street, Suite 200, Portland, OR 97202
phone: 503.22Lll31 www.hhpr.com fax: 503.221.1171
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PAGE 1 OF 1
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BEFORE THE PLANNING ADMINISTRATOR OF THE CITY OF SALEM
SITE PLAN REVIEW I CHAPTER 68 VARIANCE CASE NO. SPR-VAR14-07
DECISION
IN THE MATTER OF APPROVAL OF
AND
SITE PLAN REVIEW I CHAPTER 68 VARIANCE
CASE NO. SPR-VAR 14-07
650-700 CHURCH STREET SE
CLASS 3 SITE PLAN REVIEW
.)
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CHAPTER 68 VARIANCE
JUNE 25, 2014
In the matter 9f the application for a Class 3 Site Plan Review and Chapter 68 Variance submitted by
Alden Kaslewicz of Scott Edwards Architecture on behalf of the property owner Salem Hospit~l. CEO
Norm Gruber, the Planning Administrator, having received and reviewed evidence and the
application materials makes the following findings and adopts the following order as set forth herein.
REQUEST
A Class 3 Site Plan Review for development of a new outpatient rehabilitation center, approximately
33,447 square feet in size, a hospitality house, a 127 square foot addition to an existing maintenance
building and a parking area expansion for Salem Hospital, including a Chapter 68 Variance request
to remove 9 significant trees from the property, for property approximately 8.42 acres in size, zoned
PE (Public and Private Educational Services), and located at 650-700 Church Street SE- 97301
(Marion County Assessor's Map and Tax Lot numbers: 073W27DB /300 and 500).
A vicinity map illustrating the location of the property is attached hereto, and made a part of this staff
report (Attachment 1).
DECISION
APPROVED subject to the applicable standards of the Salem Revised Code, the findings contained
herein, conformance with the approved site plan, and the following conditions of approval:
Condition 1:
Prior to issuance of a building permit, a copy of the recorded Property Boundary
Verification legal description shall be provided.
Condition 2:
Obtain City Council approval for the vacation of the following right-of-ways; Leslie
Street SE between Cottage Street SE and Winter Street SE, Cottage Street SE
between Pringle Creek and Mission Street SE, University Addition Block 23 alley,
and University Addition Block 25 portion of alley.
Condition 3:
Construct all new structures and substantial improvements within the regulatory
floodplain to a minimum elevation of 148.5 or otherwise protect the buildings from
flooding as specified in SRC Chapter 140. Elevation Certificates are required to
verify each structure's elevation prior to pouring the foundation and again prior to
final occupancy.
Condition 4:
Convey land for dedication of right-of-way along the entire frontage of Mission Street
to equal a total right-of-way width of 72 feet, approximately 12 feet In additional
width, including minimum 20-foot radii at the Intersections of Church Street and
Winter Street.
Condition 5:
Modify the sidewalk ramp at the northwest corner of the Winter/Mission intersection
in accordance with ADA requirements as specified in the Public Works Design
Standards; modify any other sidewalk ramps that do not meet current standards
Condition 6:
Construct street lights along the entire frontage of Church Street as specified in the Public Works
Design Standards.
Condition 7:
Dedicate an easement along Church Street consistent with the Public Works Design Standards for any
portion of the public sidewalk that Is located outside the public right-of-way.
Condition 8:
Obtain construction permits and dedicate easements as warranted for the relocation of the existing
public storm main within the subject property as shown in the applicant's utility plan.
Condition 9:
A minimum of 2 Oregon White Oaks shall be replanted for each significant tree removed from the
subject property.
FINDINGS
1.
Class 3 Site Plan Review Applicability
Site plan review Is intended to provide a unified, consistent, and efficient means to review proposed
development that requires a building permit, other than single-family, duplex residential, and installation of
signs, to ensure that such development meets all applicable requirements Imposed by the Salem Revised
Code (SRC). SRC 220.005(b)(3) requires Class 3 Site Plan Review for any development that requires a
building permit, and that involves a land use decision or limited land use decision, as those terms are defined
in ORS 197.015.
A Class 3 Site Plan Review application is required for the proposed development because a variance is
required to remove significant trees from the property which are protected by SRC Chapter 68. SRC
220.005(b)(3)(F) provides that land use and limited land use decisions include, but are not limited to, any
development application that requires a variance, adjustment, or conditional use permit.
2.
Background
Class 3 Site Plan Review and Chapter 68 Variance applications were submitted on April4, 2014 requesting to
develop the property with a new outpatient rehabilitation building, hospitality house, a small127 square foot
addition to an existing maintenance building and surface parking. The applications were deemed complete for
processing on May 14, 2014. The site plan is included as Attachment 2. The applicant provided a statement
addressing the applicable approval criteria which is included as Attachment 3.
Neighborhood and Citizen Comments:
Notice of the application was sent to the South Central Association of Neighbors and all property owners of
record within 250 feet of.the subject property. Comments from SCAN are included as Attachment 4. SCAN
feels that the development should not be approved as submitted because It fails to meet at least two of the
criteria for approval of a Site Plan Review application pursuant to SRC 220.005(f)(3).
A The current application does not meet all applicable standards of the UDC because the 264 proposed
parking spaces are 87 more than the 177 allowed by SRC 806.015(d).
Staff Response: The applications were received prior to the adoption of the UDC; the off-street parking
requirements applicable for the proposed development are from SRC Chapter 133.
The SRC allows oil-street parking areas to be provided on adjacent lots or parcels under common
ownership. In this case, the proposed development includes a new surface parking lot containing 264
parking spaces. A portion of the proposed parking spaces will serve the proposed rehabilitation building
and hospitality house; the remaining spaces will be used to accommodate parking demand for other
facilities within the Salem Hospital campus. The proposed development will continue to meet the oil-street
parking requirements of the SRC for the Salem Hospital Campus. Complete findings are Included in
Section 3 of this report.
B. The Bicycle System Element and the Pedestrian System Element of the Transportation System Plan
(TSP) identify three specific needs in the area serving the development that the applicant should be
required to address.
a. A user activated rapid flashing beacon should be installed at the corner of Mission and Church
Streets to assist cyclist and pedestrians needing to cross Mission Street SE. This Is a necessary
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b.
c.
component for the Church Street bikeway; a Tier 1 improvement identified in the Bicycle System
Element of the TSP;
Enhanced bicycle lanes should be installed on Mission Street SE between Commercial and 12'"
Street. This is a Tier 1 improvement in the Bicycle System Element of the TSP.
Construct planned intersection improvements to the intersection of Winter and Mission Street SE.
This is a Tier 1 improvement identified in the Bicycle and Pedestrian Systems Elements of the
TSP and the Sustainable Cities Initiative has produced a specific plan that could be constructed
relatively inexpensively.
Staff Response: Public Works Staff has provided a response to the concerns as follows:
User-Activated Beacon- A median, with signing, already exists at the intersection to help cyclist and pedestrians cross
Mission Street. The use of rapid flashing beacons work best where cyclist or pedestrians are not visible to traffic. On
multi-lane roads (two or more lanes in a single direction), adjacent vehicles may block visibility of that pedestrian
crossing the street. Therefore the driver would not have the opportunity to yield to the pedestrian, creating a safety
issue, the rapid flashing beacons help correct that safety issue. On single lane roads, like Mission at Church, a driver's
view of a pedestrian is not blocked. Therefore, beacons are not necessary to correct a visibility problem.
Enhanced Bicycle Lanes- Mission Street is a minor arterial street with an ultimate improvement width of 46 feet within
a 72-foot-wide right-of-way. When constructed to its ultimate width of 46 feet, Mission Street will include bike lanes on
both sides of the street as specified In the Salem TSP. The developer is dedicating 12 feet of additional land along the
property frontage to accommodate for the ultimate improvement; the right-of-way exaction is proportional to the
impacts of the proposed development.
Public Works staff recommends that bicycle lanes should not be constructed one property frontage at a time, but
instead should be built as a fully operational system from 12'" Street to Commercial Street. The applicant has
submitted a traffic Impact analysis (TIA) to determine what off-site improvements are proportional to the impacts of the
proposed development. The TIA found that no additional lanes are warranted based on the impacts of the proposed
development. Therefore, there is no basis for requiring off-site improvements to create additional bike lanes at this
time.
Winter/Mission Intersection- The improvements recommended by SCAN would be a benefit to bicycle safety, but
require improvements within Bush Park which are outside the scope of this development. The approval criteria do not
authorize off-site improvements on adjacent property.
Comments were received from the Friends of Historic Salem objecting to the proposed development (Attachment 5).
A
We encourage the applicant to continue careful landscaping on the site that retains the historical park-like
natural setting. The property is renowned for trees, vegetation, and the creek side riparian feature. We would
recommend that removal of any significant trees from any portion of the property not be approved.
Staff Response: Findings for the Chapter 68 Variance are Included in Section 4 of this report. The site plan review
application indicates that the site will be landscaped in accordance to the requirements of SRC Chapter 132, and that
trees and native vegetation within the riparian corridor of Pringle Creek will be preserved.
B.
We recommend reduction in the excessive parking to meet the standards of the Salem Revised Code.
Staff Response: Please see the response to SCAN's comments above regarding off-street parking and the findings
contained in Section 3 of this report.
C.
We strongly recommend careful consideration to public transit and biking needs and access to the site.
Staff Response: The site is served by Salem-Keizer transit, route 6, on Mission Street SE and Winter Street SE.
Please see the response to SCAN's comments above regarding pedestrian and bicycle access to the site.
D.
We support the retention of the historic "Boys Dormitory" structure designed by John V. Bennes AlA (18671943) showed in the applicant's drawings "Howard Hall". South Church Street Is historic.
Staff Response: The removal or preservation of Howard Hall does not fall within the purview of this site plan review
application and decision.
E.
Attention should be given to protection of the potential archaeological values on the site. An archaeological
survey should be completed by a qualified individual or firm.
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6/25/2014
Staff Response: The Howard Hall building is the only designated historic resource on the property, an archaeological
survey is not a requirement for development of the subject property.
Two comments were received from surrounding property owners objecting to the proposed development citing similar
concerns as SCAN and Friends of Historic Salem regarding the removal of significant trees from the property and the
increase of surface parking on the property and concerns for provisions for bicycle and pedestrian access.
City Department Comments:
The Public Works Department reviewed the proposal and provided a memo which is included as Attachment 6.
The Fire Department has reviewed the proposal and indicated that Fire Department access, fire flow, and fire hydrant
locations shall be provided in accordance with the Salem Fire Prevention Code (SRC Chapter 58).
The Building and Safety Division and the Police Department have reviewed the proposal and indicated no objections.
Public Agency Comments:
Portland General Electric has provided the following comment:
The Hospital's design team is aware of the potential costs to relocate the PGE pad mounted switch along Winter Street
in a vision triangle and an additional vault.
3.
Analysis of Class 3 Site Plan Review Approval Criteria
SRC 220.005(f)(3) states:
An application for Class 3 Site Plan Review shall be granted If:
(1)
The application meets all applicable standards of the UDC;
(2)
The transportation system provides for the safe, orderly, and efficient circulation of traffic into and out of the
proposed development, and negative impacts to the transportation system are mitigated adequately;
(3)
Parking areas and driveways are designed to facilitate safe and efficient movement of vehicles, bicycles, and
pedestrians; and
(4)
The proposed development will be adequately served with City water, sewer, storm drainage, and other
utilities appropriate to the nature of the development.
Criterion 1:
The application meets all applicable standards of the UDC.
Finding: The proposed development includes construction of a new outpatient rehabilitation center, approximately
33,447 square feet in size, a hospitality house approximately 4,049 square feet in size containing 5 suites. Health
service uses (SIC 80) are listed as a permitted use in the PE (Public and Private Educational Services) District.
Height (SRC 160.200):
Non-residential buildings and structures within the PE zone shall not exceed 70 feet in height.
Staff Response: The maximum height of the proposed building is approximately 33 feet.
Lot Area and Dimensions (SRC 160.21 0):
The minimum lot area for all uses In the PE zone is 10,000 square feet. The minimum lot depth requirement is 80 feet,
and the minimum lot width requirement is 50 feet.
Staff Response: The subject property meets the lot area and dimensional requirements.
Yards Adjacent to Streets (SRC 160.220):
West I Right-of-Way for Church Street SE:
Adjacent to the west is the right-of-way for Church Street SE. For buildings and structures not more than 35 feet in
height there shall be a minimum required yard of 20 feet adjacent to a street.
Parking lot and vehicle use areas shall be setback from the public right-of-way by a minimum of 10 foot wide
landscape strip planted with a minimum of 1 plant unit per 20 square feet of yard area.
Finding: The proposed hospitality house is setback from Church Street by 20 feet. The preposed parking area is
SPR-VAR 14-07
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setback from Church Street by approximately 60 feet. The proposed rehabilitation center is setback from Church
Street by approximately 135 feet.
South I Right-of-Way for Mission Street SE:
Adjacent to the south Is the right-of-way for Mission Street SE. For buildings and structures not more than 35 feet In
height there shall be a minimum required yard of 20 feet adjacent to a street.
Parking lot and vehicle use areas shall be setback from the public right-of-way by a minimum of 10 foot wide
landscape strip planted with a minimum of 1 plant unit per 20 square feet of yard area.
Finding: The proposed parking area is setback 10 feet from the southern property line.
East I Right-of-Way for Winter Street SE:
Adjacent to the west Is the right-of-way for Church Street SE. For buildings and structures not more than 35 feet in
height there shall be a minimum required yard of 20 feet adjacent to a street.
Parking lot and vehicle use areas shall be setback from the public right-of-way by a minimum of 10 foot wide
landscape strip planted with a minimum of 1 plant unit per 20 square feet of yard area.
Finding: The proposed parking area is setback 10 feet from the eastern property line.
Interior Side and Rear Yards (SRC 160-230-240):
North I Parking Lot for Pringle Park, Pringle Creek:
Adjacent to the north Is a parking area In the PA (Public Amusement) zone for Pringle Park. No setback Is required
adjacent to the parking lot; however, If a setback Is provided It shall be not less than five feet in width. SRC Chapter
68 protects all trees and native vegetation within 50 feet of a mapped waterway.
Finding: The proposed hospitality house Is setback 6 feet from the northern property line. Trees and native
vegetation In the riparian corridor cannot be removed unless a permit or a variance has been Issued. The applicant
indicates that no trees or native vegetation will be removed from the riparian corridor of Pringle Creek.
Lot Coverage (SRC 160.250):
Lot coverage shall not exceed 50 percent in the PE district.
Finding: The proposed building lot coverage Is approximately 10 percent (34,671/364,5\17).
Storage (SRC 160.260):
Within the PE zone, open outdoor storage shall be screened from view from the street and adjacent properties by a
sight-obscuring fence, wall, or hedge.
Finding: There are no open storage areas on the proposed site plan.
Landscaping (SRC 160.270):
Within the PE zone, all required yards and all required bufferyards and vehicular use areas shall be landscaped and
screened as required In SRC Chapter 132.
Finding: Landscaping plans will be checked for conformance with the requirements of SRC Chapter 132 at the time
of building permit review.
Parking Lot and Vehicular Use Areas (SRC 132. 230(a)):
Required parking areas shall be separated from the exterior wall of a structure by a 5-foot wide landscape strip or by a
5-foot wide paved pedestrian walkway.
Staff Response: All proposed parking areas are setback from exterior building walls by landscaping or paved
pedestrian walkways by a minimum of 5 feet.
Parking Lot and Vehicular Use Areas (SRC 132.230(b)):
Wheel stops shall be provided so that vehicle overhangs do not protrude into required landscaped yards or required
bufferyards.
Staff Response: Wheel stops are required for parking spaces adjacent to the southern and eastern property lines to
prevent vehicle overhang Into the required landscape yards.
Interior Yard Vehicular Use Areas (SRC 132.230(d)(3)(A)-(B)):
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Interior parking lot landscaping is required for any vehicular use area of 12 parking spaces or 5,000 square feet of
pavement, whichever is greater. A minimum of 8 percent of the parking lot interior shall be landscaped where the
parking lot area is 50,000 square feet or greater in size.
Staff Response: The summary table on sheet A.1 indicates that the parking lot area is approximately 155,195 square
feet, requiring a minimum of 12,416 square feet of interior parking lot landscaping. Approximately 47,244 square feet
of interior parking lot landscaping Is proposed, greater than the minimum requirement.
Interior Yard Vehicular Use Areas (SRC 132. 230(d}(3}(D)):
Deciduous shade trees shall be planted within all parking lots on the basis of one tree for each 12 parking spaces.
The required trees may be clustered In planter bays or islands but shall be located throughout the parking area to
divide and break up expanses of paving and long rows of parking spaces and to create a canopy effect.
Staff Response: There are 264 parking spaces on the proposed site plan requiring a minimum of 22 shade trees
(264/12 = 22). Landscape plans will be checked for conformance with the requirements of SRC Chapter 132 at the
time of building permit review.
Off Street Parking and Loading (SRC 133):
Off-Street parking areas and loading areas shall be provided and maintained for each proposed separate use in any
new building or structure erected. The proposed rehabilitation building, classified as a health services use (SIC 8093),
requires a minimum of 1 off-street parking space per 350 square feet or 96 spaces (33,447 I 350 = 95.6). The
proposed hospitality house is considered an accessory use to the rehabilitation center, and requires a minimum of 1
off-street parking space per 350 square feet, or 12 spaces (4,049 I 350 = 11 .6).
Staff Response: The applicant has provided a parking and building summary for all the facilities on the Salem
Hospital campus, which is included as Attachment 7. The summary indicates that there is a total existing building floor
area of 1,262,944 square feet and a total of 430 beds on campus. The minimum off-street parking requirement for the
existing uses on the campus is 2,340 and the maximum is 4,095. The number of existing spaces on the campus is
2,572.
SRC 133.070 states that the land to be provided for off-street parking and loading areas, including driveways, aisles
and maneuvering areas shall be owned in fee title by the owner of the property served by the parking. Salem Hospital
owns the subject property and numerous adjacent parcels; therefore their parking can be provided throughout their
property and need not be limited to the uses on each individual parcel.
The minimum off-street parking requirement for the rehabilitation building and the hospitality house is 108 spaces, and
the maximum permitted is 189. The number of new parking spaces on the proposed site plan is 264, which exceeds
the maximum number of parking spaces for the rehabilitation building and hospitality house if they were considered as
standalone uses; however when considering the parking requirements for the entire campus, the proposed number of
parking spaces (2,836) is within the minimum (2,448) and maximum (4,284) off-street parking allowance.
Bicycle Parking:
The proposed rehabilitation building requires a minimum of 1 bicycle parking space per 3,500 square feet of floor area.
The proposed hospitality house requires a minimum of 1 bicycle parking space for every 50 rooms or 4 spaces,
whichever is greater.
Staff Response: A minimum of 10 bicycle parking spaces are required for the proposed rehabilitation building
(33,447 /3,500 = 9.5). A minimum of 4 bicycle parking spaces are required for the proposed hospitality house.
SRC 133.11 O(d) provides that bicycle parking shall be provided within a convenient distance of, and clearly visible
from the primary building entrance. Bicycle parking shall not be further than 50 feet from the public entrance to the
building.
At the time of building permit review, the plans will be reviewed for conformance with the bicycle development
standards of SRC Chapter 133.
Off-Street Loading:
SRC Chapter 133 requires a minimum of one off-street loading space for the proposed use with a building area
between 5,000-59,999 square feet in size. The minimum dimensional requirement for the loading space is 12 feet in
width, 19 feet in length and 14 feet of unobstructed vertical clearance.
Staff Response: The proposed site plan includes a drop off/loading area for the rehabilitation building meeting the
minimum requirements of SRC Chapter 133.
Solid Waste Service Areas (SRC 130. 601-609)
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Solid waste service areas shall provide for the safe and convenient collection of solid waste, recyclable and
compostable materials by the local solid waste collection franchisee.
Staff Response: At the time of building permit review, the solid waste service areas will be reviewed for conformance
with the development standards of SRC 130.
Natural Resources:
Trees: The City's tree preservation ordinance, under SRC Chapter 68, provides that no person shall remove a
significant tree (Oregon White Oak greater than 24 inches in diameter at breast height) or a tree or native vegetation in
a riparian corridor, unless the removal is excepted under SRC 68.080, undertaken pursuant to a permit issued under
SRC 68.090, undertaken pursuant to a tree conservation plan approved under SRC 68.100, or permitted by a variance
granted under SRC 68.130.
The applicant indicates that, "adjacent to Pringle Creek, an existing asphalt parking lot and associated gravel service
yard are being removed from both the Pringle Creek floodway and flood plain adjacent to the new Rehabilitation
Center. Existing invasive species, including ivy and holly, will also be removed from this area. There are no existing
native species that will be removed to accommodate proposed landscape improvements. New riparian planting will be
installed, creating a zone of enhanced habitat in the flood plain. The planting will include all native species such as
River Birch, Red twig Dogwood, Flowering Currant and Douglas Spiraea. The riparian area will also initially be topseeded with Native Riparian Mix by Protime to help minimize erosion during initial stages of plant growth."
The application includes removal of nine significant trees protected under SRC 68.050. Findings for the Chapter 68
Variance are included in Section 4 of this report.
Wetlands/Waterways: The Salem-Keizer Local Wetland Inventory (LWI) shows that there are hydric soil areas
mapped on the property. The applicant should contact the Oregon Department of State Lands to verify if permits are
required for development or construction in the vicinity of the mapped hydric soil areas.
Floodplaln/Fioodway: An existing floodway and floodplain is located on the subject property designated on the
FEMA floodplain maps. The 100-year base flood elevation is approximately 148 feet on the subject property.
Development within the floodplain requires a floodplain development permit and is subject to the requirements of SRC
Chapter 140. An Elevation Certificate is required to verify the structure's elevation.
Landslide Susceptibility: SRC 69.060 requires a geological assessment or report when regulated activity is
proposed in a mapped landslide hazard area. The applicant's proposal does not appear to disturb any portion of a
mapped landslide hazard area with regulated activities; therefore, a geological assessment is not required.
Construction of a Building across Property Lines:
SRC 130.270 provides that every building shall be entirely situated on a separate lot, except as allowed under the Unit
Ownership Law. Where two or more separate lots are combined under single ownership to accommodate a single
development, the entire combined area shall be considered as a single lot for purposes of this zoning code. Buildings
which are attached at a common property line, but which otherwise meet all requirements of SRC Chapter 56 as
separate buildings shall be considered as separate buildings.
The subject property consists of several lots within the University Addition from Blocks 23, 24 and 25 and portions of
vacated and non-vacated right-of-way. The proposed rehabilitation center building crosses existing lot boundaries.
The property boundary verification process is used to establish the outside boundary of two or more contiguous units
of land held under the common ownership for purposes of application of the Building Code. A Property Boundary
Verification is required to be complete and the new legal description of the property recorded prior to issuance of a
building permit for development which crosses an existing property line.
Condition 1: Prior to issuance of a building permit, a copy of the recorded Property Boundary Verification legal
description shall be provided.
The City Surveyor has reviewed the deed for the property and found portions of right-of-ways have not been properly
vacated.
Obtain City Council approval for the vacation of the following right-of-ways; Leslie Street SE between
Cottage Street SE and Winter Street SE, Cottage Street SE between Pringle Creek and Mission Street SE, University
Addition Block 23 alley, and University Addition Block 25 portion of alley.
Condition 2:
Public Works Department Findings:
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The proposed development is located within the regulatory floodplain and requires a floodplain development permit.
The base flood elevation for the proposed development is 147.5 based on cross section H within the Floodway Data
Table of the Flood Insurance Study. The finish floor elevation of the Outpatient Rehabilitation Center, Hospitality
House, and temporary construction building shall be elevated to 148.5 or otherwise protected from flooding as
described in SRC 140.
There is a 127-square-foot building addition to the existing Design and Construction Building which is approximately
3,000 square feet in size. The addition is not a substantial improvement as defined in SRC 140, nor is It new
construction as defined in 44 Code of Federal Regulations 59.1. As a result, the addition to the Design and
Construction Building does not have specific elevation requirements in SRC 140. However, the building shall be
constructed using methods that limit potential flood damage as specified in SRC 140 and Building Code.
Condition 3:
Construct all new structures and substantial improvements within the regulatory floodplain to a
minimum elevation of 148.5 or otherwise protect the buildings from flooding as specified in SRC Chapter 140.
Elevation Certificates are required to verify each structure's elevation prior to pouring the foundation and again prior to
final occupancy.
Criterion 2:
The transportation system provides for the safe, orderly, and efficient circulation of traffic into and out of the proposed
development, and negative Impacts to the transportation system are mitigated adequately.
Finding: Mission Street is a fully Improved street with an interim width of 36 feet, but does not currently have
adequate right-of-way to meet its minor arterial street standard of 72 feet. Because right-of-way acquisition from Bush
Park is not possible, approximately 12 feet of additional right-of-way is needed within the subject property to meet the
minor arterial standard.
Convey land for dedication of right-of-way along the entire frontage of Mission Street to equal a total
right-of-way width of 72 feet, approximately 12 feet in additional width, Including minimum .20-foot radii at the
intersections of Church Street and Winter Street.
Condition 4:
In addition, the sidewalk ramp at the northwest corner of the Winter/Mission intersection does not meet current
standards and shall be upgraded as a condition of development.
Condition 5:
Modify the sidewalk ramp at the northwest corner of the Winter/Mission intersection in accordance with
ADA requirements as specified in the Public Works Design Standards; modify any other sidewalk ramps that do not
meet current standards along the development's frontage of Mission Street and Church Street.
Church Street has adequate right-of-way and improvement width, but lacks street lights.
Condition 6:
Construct street lights along the entire frontage of Church Street as specified in the Public Works
Design Standards.
The applicant is proposing to remove the existing sidewalk along Church Street and replace it with an eight-foot-wide
mixed use pedestrian/bicycle path. The developer's engineer and surveyor shall verify that the proposed path is
located fully within the existing right-of-way or dedicate an easement for any portion of the sidewalk located outside the
right-of-way.
Condition 7:
Dedicate an easement along Church Street consistent with the Public Works Design Standards for any
portion of the public sidewalk that is located outside the public right-of-way.
The applicant submitted a Traffic Impact Analysis (TIA) which specifies no mitigating improvements are necessary.
The TIA summary is as follows:
•
The proposed Medical Office Building (MOB) and parking lot will not adversely impact traffic operations to the
intersections in the vicinity of the Salem Hospital.
•
The MOB generated trips and re-routing of trips to the parking lot are primarily expected to occur on Mission
Street and Pringle Parkway.
•
The existing striping on Mission Street is sufficient to facilitate turning movements to and from the Mission
Street Site Driveways.
•
The proposed driveways will have adequate sight distance.
Criterion 3:
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Parking areas and driveways are designed to facilitate safe and efficient movement of vehicles. bicycles. and
pedestrians.
Finding: The driveway access points to Winter Street SE and Mission Street SE meet minimum spacing standard
requirements in the Public Works Design Standards to provide for safe turning movements for ingress and egress from
the property. The applicant's TIA specifies that the access points have adequate sight distance.
Criterion 4:
The proposed development will be adequately served with City water, sewer, storm drainage, and other utilities
appropriate to the nature of the development.
Finding: The Public Works Department has reviewed the applicant's preliminary utility plan for this site. The water,
sewer, and storm infrastructure are available within surrounding streets/areas and appear to be adequate to serve the
proposed development.
The applicant's engineer submitted a statement demonstrating compliance with the current Public Works Design
Standards and SRC Chapter 71. The preliminary stormwater design demonstrates the use of green stormwater
infrastructure to the maximum extent feasible.
The applicant's site plan proposes to relocate an existing public storm drain line within the project site. The stormwater
design and easement configuration are subject to the requirements of the Public Works Design Standards.
Condition 8:
Obtain construction permits and dedicate easements as warranted for the relocation of the existing
public storm main within the subject property as shown in the applicant's utility plan.
4.
Analysis of Chapter 68 Variance Approval Criteria
Variances from the requirements of Chapter 68 which are reasonably necessary to permit otherwise lawful
development or activity may be granted by the planning administrator.
SRC 68. 130(a) Hardship Variance:
The applicant for a hardship variance must demonstrate that there are special conditions that apply to the property
which create unreasonable hardships or practical difficulties which can be most effectively relieved by a variance and
that the proposed variance is the minimum necessary to allow the otherwise lawful proposed development or activity.
In granting a variance, the planning administrator may impose such conditions as are necessary to limit any adverse
impacts that may result from granting relief.
Applicant's Response: The applicant's statement addressing the Chapter 68 Variance criteria for approval is
included in Attachment 8.
Staff Response: Included in the definition of significant tree in SRC Chapter 68 are Oregon White Oaks with a
diameter at breast height (dbh) or 24 inches or greater. Significant trees may only be removed from the property if
they qualify for an exception under SRC 68.080, with a tree removal permit, or approved through a Chapter 68
Variance.
There is an exception provided in SRC Chapter 68 for removal of significant trees where the removal is necessary in
connection with construction of a commercial or industrial facility. The proposed health services use is an institutional
use; this exception does not apply to Institutional uses.
There are 15 Oregon White Oaks identified on the subject property with a dbh of 24 inches or greater. Of the 15
significant trees, 9 are proposed for removal and 6 will be preserved. The applicant's arborist indicates that of the 9
significant trees proposed for removal, 5 are in poor health and are not likely to survive. The 5 significant trees in poor
health would likely qualify for removal as hazardous trees.
The applicant indicates that the current parking count on the Salem Hospital campus is not adequate to meet the
needs of the Hospital and its patients. The site plan proposes a surface parking area on the subject property to
attempt to address the current parking needs of the campus. In developing a site plan for the new parking area, the
applicant has attempted to retain as many significant trees as possible, favoring preservation of the healthier
specimens on the property. The building and site have been designed around the largest Oregon White Oak on the
site, which will be retained. It will become a site feature for the rehabilitation center with a courtyard designed around
it. Because of the difficulties created by the location of existing trees, the terrain and existing site features, 4 significant
trees in fair to good health will need to be removed.
SPR-VAR 14-07
9
6/25/2014
The applicant shall be required replant and incorporate into the proposed landscaping for the subject property a
minimum of 2 Oregon White Oaks for each significant tree removed as mitigation for the removal of significant trees.
A minimum of 2 Oregon White Oaks shall be replanted for each significant tree removed from the
subject property.
Condition 9:
The variance request is consistent with the approval criteria for a Chapter 68 Variance, the proposed removal is
necessary for the otherwise lawful development of the property.
In addition, a variance to the requirements of SRC 68.060 shall be sublect to the following conditions: those altered
riparian corridor areas that can be reasonably restored, shall be restored, and in no case shall alterations either: (1)
occupy more than fifty percent of the width of the riparian area measured from the upland edge of the corridor, or (2)
result in less than fifteen feet of vegetated corridor on each side of the waterway.
Staff Response: The variance request is not for the removal of riparian trees or vegetation protected by SRC 68.060,
this provision Is not applicable.
5.
Based upon review of SRC Chapter 68 and SRC Chapter 220, the applicable standards of the Salem Revised
Code, the findings contained herein, and due consideration of comments received, the Site Plan Review application
and Chapter 68 Variance application comply with the requirements for an affirmative decision.
ORDER
Final approval of Class 3 Site Plan Review and Chapter 68 Variance Case No. 14-07 is hereby GRANTED subject to
SRC Chapter 68 and SRC Chapter 220, the applicable standards of the Salem Revised Code, conformance with the
approved site plan included as Attachment 2, and the following conditions of approval;
Condition 1:
Prior to issuance of a building permit, a copy of the recorded Property Boundary Verification legal
description shall be provided.
Condition 2:
Obtain City Council approval for the vacation of the following right-of-ways; Leslie Street SE between
Cottage Street SE and Winter Street SE, Cottage Street SE between Pringle Creek and Mission Street
SE, University Addition Block 23 alley, and University Addition Block 25 portion of alley.
Condition 3:
Construct all new structures and substantial improvements within the regulatory floodplain to a
minimum elevation of 148.5 or otherwise protect the buildings from flooding as specified in SRC
Chapter 140. Elevation Certificates are required to verify each structure's elevation prior to pouring
the foundation and again prior to final occupancy.
Condition 4:
Convey land for dedication of right-of-way along the entire frontage of Mission Street to equal a total
right-of-way width of 72 feet, approximately 12 feet in additional width, including minimum 20-foot radii
at the intersections of Church Street and Winter Street.
Condition 5:
Modify the sidewalk ramp at the northwest carrier of the Winter/Mission intersection in accordance with
ADA requirements as specified in the Public Works Design Standards; modify any other sidewalk
ramps that do not meet current standards along the development's frontage of Mission Street and
Church Street.
Condition 6:
Construct street lights along the entire frontage of Church Street as specified in the Public Works
Design Standards.
Condition 7:
Dedicate an easement along Church Street consistent with the Public Works Design Standards for any
portion of the public sidewalk that is located outside the public right-of-way.
Condition 8:
Obtain construction permits and dedicate easements as warranted for the relocation of the existing
public storm main within the subject property as shown in the applicant's utility plan.
Condition 9:
A minimum of 2 Oregon White Oaks shall be replanted for each significant tree removed from the
subject property.
SPR-VAR 14-07
10
6/25/2014
To the extent appeal of this final order is permitted by Oregon law, any such appeal must be to the Hearings Officer for
the City of Salem following procedures set forth in SRC 300 for appeals to the Hearing Officer, unless the Salem City
Council elects to hear the appeal pursuant to SRC 300.520(1)(1) or SRC 300.1050(a).
Any person with standing may appeal the decision by filing an appeal with the applicable appeal fee with the City of
Salem not later than fifteen (15) days after the date this decision is mailed to persons with standing to appeal.
This decision is final unless written appeal from a person with standing to appeal is received by the City of Salem
Planning Division, Room 320, 555 Liberty Street SE, Salem, OR 97301, not later than Thursday, July 10. 2014,5:00
PM. The appeal must state where the decision failed to conform to the applicable criteria for approval. The appeal is
to be filed in duplicate with the City of Salem Planning Division.
The appeal fee is to be paid at the time of filing. The Hearings Officer for the City of Salem will review the appeal at a
public hearing pursuant to SRC 300.1040. After the hearing, the Hearings Officer may amend, rescind, or affirm the
action, or refer the matter to staff for additional information.
Urban Planning Administrator Designee
Attachments:
1.
2.
3.
4.
5.
6.
7.
8.
Vicinity Map
Applicant's Site Plan
Applicant's Statement
SCAN Comments
Friends of Historic Salem Comments
Public Works Memo
Salem Hospital Parking Summary
Tree Variance Statement
Prepared by Aaron Panko, Associate Planner
http://www.cityofsalem.net/planning
G:\CD\PLANNING\CASE APPLICATION FILES 2011-0n\SITE PLAN REVIEW· Type 11\2014\1-Siaff Reports\SRP.VAR14-07.amp.doc
SPR-VAR 14-07
11
6/25/2014
Attachment 1
Vicinity Map
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Attachment 3
Site Plan Written Statement
SEA
SCOTfjEDWARDS ARCHITECTURE LLP·
Salem Health - Outpatient Rehab Center
650 Church St. SE
Salem, OR
March 3, 2014
City of Salem
Planning Department
555 Liberty Street SE, Room 305
Salem, OR 97301
To whom it may concern,
This letter, acting as an appendage to the Site Plan Application, describes how the proposed
development meets the approval criteria for the Class 3 Site Plan Review. The information below
consolidates and summarizes some of the more extensive documentation that is being provided
including; the traffic impacts, movement of vehicles, bicycles and pedestrians, stormwater
collection and the development of utilities.
In effort to explain in detail the traffic circulation system, Salem Health engaged Kittleson and
Associates to perform a partial Transportation Impact Analysis to emphasize the limited traffic
impacts caused by our development. As the site will likely attract a variety of users, including
patients and employees, who will be utilizing the new Outpatient Rehabilitation Building as well as
the additional parking, it has been found that rather than generating new trips, the proposed site
design will instead shift existing travel paths, and reducing impacts on overstressed sites.
Kittleson's report also documents the impact of the additional parking provided. The proposed
outpatient rehab facility provides a total of 264 new spaces, 87 more spaces than the 177
maximum allowable as determined by the Salem Revise Code, Table 133-1. However, the other
parking lots on site are significantly over utilized, and the employees often end up parking in
spaces designated for patient use. When relating the new spaces to the hospital as a whole, the
new parking increases Salem Health's 2,572 parking spaces to 2,836, well below the maximum
4,272 spaces allowed for the campus, justifying the added parking. This Information has been
brought to the attention of the City of Salem and the Parking Amendment was waived based on
the above findings.
The above findings indicate the proposed Outpatient Rehabilitation facility and parking lot will not
adversely impact traffic operations to the intersections in the vicinity of Salem Hospital.
Additionally, all existing striping and signage provided by the City of Salem is adequate to support
any shifted movement resulting from alleviating existing overcrowded parking lots.
Site stormwater runoff is designed to be collected, treated, and/or detained onsite before it is
piped to an existing culvert at Pringle Creek just north of the planned Outpatient Rehabilitation
Building. The proposed stormwater conveyance realigns an existing 36" public mainline through
the center of the site, and outfalls to Pringle Creek.
The intended site utilities will connect to the existing utilities located in the surrounding streets.
The Outpatient Rehabilitation Building's domestic water connection (3") will connect to the existing
6" water line in Church Street and its fire protection water connection (8") meets the existing 12"
water line in Mission Street. Design by CB2 Architects, Hospitality House's domestic water (1")
will connect to an existing water meter in Church Street. The Design and Construction Building's
domestic water (1") will join the existing water line in Winter Street. The Outpatient Rehabilitation
2525 East Burnside Street 1 Portland, OR 97214 1 p: (503) 226-3617 1 f: (503) 226-37151 www.seallp.com
Salem Hospital- Outpatient Rehab
I Memorandum I
3.03.2014
and Hospitality House building's gas connection is from an existing gas line in Mission Street.
The Design and Construction Building's sanitary sewer connection (4") goes to an existing
sanitary manhole located in Winter Street. The sanitary sewer connection (6") for the Outpatient
Rehabilitation Building and proposed Hospitality House will link to an existing 10" sanitary line
originating from Church Street.
Planning and design of the 650 Church St. SE site incorporates the expertise of various
individuals to produce a proposed site design that carefully considers the many factors that
comprise the Site Plan Application. Salem Health and the design team look forward to working
with the City of Salem and the local community in the development of this site, and the roll it will
play as the City of Salem continues to develop.
Sincerely,
Sara Ruzomberka LEED AP BD..C
2525 East Burnside Street 1 Portland, OR 97214 I p: (503) 226~3617 I f: (503) 226-37151 www,sea!lp.com
Attachment 4
May 27, 2014
Aaron Panko, Case Manager
555 Liberty Street .SE
Salem, Oregon 97301
RE:
Case No. SPR-VAR14-07
650-700 Church St. SE
Dear Aaron:
The SCAN Land Use and Transportation Committee has reviewed the site plan
submitted by Salem Hospital. We feel that the development should not be
approved as submitted because it fails to meet at least two of the criteria A and B
required by SRC 220.005(f)(3).
Criteria A.
The application meets all applicable standards of the UOC.
The current application does not meet all applicable standards of the UDC
because the 264 proposed parking spaces are 87 more than the 177 allowed by
UDC 806.015(d). .
Parking maximums are required by Policy 2.2 in the Parking Management
Element of the Salem Transportation System Plan. As the policy states,
maximums are necessary to avoid unnecessary utilization of land for off street
parking. Efficient utilization of land is necessary to provide for community assets
like parks and playgrounds as well as preserving historic resources.
Objectives 3 and 4 in the Parking Management Element require limiting the
parking supply in order to reduce SOV use. Recent census data suggests that
Salem is not on target to meet the required reductions in the per capita parking
supply. Approving the development with excessive parking would further
undermine these objectives and continue to induce more SOV travel through the
SCAN neighborhood.
The Centers For Disease Control and Prevention also endorses policies that limit
excessive parking as a tool for improving public health by reducing vehicle miles
traveled. They cite research from Upstream Public Health and the Oregon
Health Sciences University showing that reducing the parking supply and pricing
parking based on demand are very effective at reducing VMT, promoting active
transportation, and improving public health and safety.
http://www.cdc.gov/healthyplaces/transportation/vmt strategy.htm
We feel that these recommendations would be consistent with the requirements
of the TSP and UDC and represent a better way for Salem Hospital to address
their perceived parking problems.
Criteria B. The transportation system provides for the safe, orderly, and efficient
circulation of traffic into and out of the proposed development, and the negative
impacts to the transportation system are mitigated adequately.
The Bicycle System Element and the Pedestrian System Element of the TSP
identify three specific needs in the area serving the development that the
applicant should be required to address.
·
1. A user activated rapid flashing beacon should be installed at the corner of
Mission and Church Streets to assist cyclists and pedestrians needing to
cross Mission St. SE. This is a necessary component for the Church St.
bikeway; a Tier 1 improvement indentified in the Bicycle System Element
of the TSP.
2. Enhanced bicycle lanes should be installed on Mission St. SE between
Commercial and 1ih St. This is a Tier 1 improvement in the Bicycle
System Element of the TSP.
3. Construct planned intersection improvements to the intersection of Winter
and Mission St. SE. This is a Tier 1 improvement indentified in the Bicycle
and Pedestrian System Elements of the TSP and the Sustainable Cities
Initiative has produced a specific plan that could be constructed relatively
inexpensively. http://breakfastonbikes.blogspot.com/2011 /06/fix-formission-and-winter.html
We would like to preserve as much of the tree canopy as possible but we have
no specific input on Tree Regulation Variance. Perhaps if the parking maximums
are enforced fewer trees will be removed.
Our committee would be happy to support a plan that met the criteria under SRC
220.005(f)(3).
Respectfully,
Curt Fisher
SCAN Land Use a.nd Transportation Chair
680 Leffelle St SE
Salem, 90302
Page 1 of 4
Attachment 5
Aaron Panko- SUPPLEMENTAL COMMENTS: Plan Site Review & Variance Case No. SPRVAR 14-07 650-700 Church St SE 97301
From:
To:
Date:
Subject:
Howard Hall <[email protected]>
Aaron Panko <[email protected]>
5/28/2014 3:38PM
SUPPLEMENTAL COMMENTS: Plan Site Review & Variance Case No. SPR-VAR 14-07
650-700 Church St SE 97301
Dear Mr. Panko (Aaron):
1. We encourage the applicant to continue careful landscaping on the site that retains the historical
park-like natural setting. The property is renown for trees, vegetation, the creek side riparian
.
feature.
We cite a historical report on the site of The Oregon Institute for the Blind (Report of Superintendent
Blind School:
"... where ... (OSSB had) been provided with beautiful grounds .. It
would be difficult to find a more beautiful or convenient
site.. by a stream .. in a natural grove of oak trees, and the
grounds have been further beautified with shrubs and flowers"
Not uncommon is for professionals to sidestep the historical value of vegetation, conventionally seeing
gardens, park-like spaces, open space as secondary; and to ignore settings created for buildings and the
land.
Case example is Gaiety Hollow, the gardens at the Elizabeth Lord residence only lots away: the residence
was listed in the National Register in the 1980s, and only decades later (2014) are the gardens being seen
as a singular historical resource.
The applicant's proposed site plan is on land, a historic setting. In addition to being biologically
significant as trees and canopy, the remaining vegetation can have value.
Destroyed by the applicant-- before the applicant's destruction of two structures eligible for the National
Register of Historic Places (Irvine Hall and School Building) was a beautiful garden -- authentic garden
created by the community of blindness on the property. One of major supporters of the campus was the
Oregon Lions Auxiliary, "the only statewide Auxiliary in the nation." The "Lady Lions" supported
landscaping, a "nationally known" "sensoiy simulation" center, and an area for teaching sensory
experiences.
2. We recommend reduction in the excessive parking to meet the standards of City (Salem Revised)
code. The proposed facility of the applicant calls for 87 more spaces than the 177 maximum allowable as
determined by the Salem Revised Code. We are opposed to the excess beyond 177. A historical land
should not become an excessive parking lot. Please see the comments from the SCAN Land Use &
Transportation Committee, which we incorporate in our comments, by reference.
Excessive parking allowances generate vehicular conflicts with pedestrians and bicyclists, walking;
discourages use of a public transit. A hospital should encourage true fitness and healthy lifestyles.
file://C:\Users\apanko\AppData\Local\Temp\XPgrpwise\538602E9GWC2ComDev1 00177 ... 5/28/2014
Page 2 of4
3. We strongly recommend careful consideration to public transit and biking needs and access to
the site.
Historical contextual maps <if the site (see Master Plan for the Oregon School for the Blind, FIG. SaBIKE - TRANSIT CIRCULATION, added by reference to these comments) show consideration for
Bike-Transit, Proposed Bikeway along Pringle Creek along the south side --to Bush's Pasture Park. Such
advanced thinking is similar to sophisticated bike plans, e. g., Boulder Colorado, and should continued to
be considered in the long term plans for the property. Likewise, original maps of the Salem Greenway
Project (added by reference) show access along Pringle Creek-Shelton Ditch east-west. Salem Hospital
is to be commended for inclusion and fine care of the pathway along Shelton Ditch east of the 1928
Winter Street Bridge SE.
Augmentation of biking, pedestrian and transit flows and use is consistent with historical patterns,
projections and neighborhood capability as South Central Salem (SCAN) is a "Walking Neighborhood."
Steps to reduce vehicular use, vehicular conflicts with pedestrian and biking and enhancements deserve
consideration. Oregon Health Sciences University (OHSU) in Portland, along the waterfront is a model of
innovation inclusion of biking into the campus plan.
The applicant's property is adjacent to the Willamette Valley Scenic Bikeway, a state biking route that
extends from Champoeg State Park, 34 miles north of site -- to Eugene. The Scenic Bikeway bi-sects
Hospital land on Winter Street SE. We encourage the applicant to be innovative.
4. We support the retention of the historic "Boys Dormitory" structure designed by John V.
Bennes AlA (1867-1943) showed in the applicant's drawings ("Howard Hall" 1969). South Church
Street is historic.
"Howard Hall represents the last physical trace of the role that the campus of the Oregon State School
for the Blind played in the lives of thousands offamilies with members experiencing vision loss" (Letter,
Kim Charlson, President of the American Council for the Blind, April11, 2014).
Fire proof facilities was :first proposed by Governor Oswald D. West (1911-15), in his 1913 Biennial
Message to the 22nd Legislative Assembly: Italian Renaissance Revival in style, Howard Hall was the
first fire proof dormitory. The structure has been determined to be eligible for the National Register of
Historic Places (NRHP).
John V. Bennes ranks as one of the most significant architects of the frrst half of the 20th century in
Oregon, position with Ellis Lawrence, A. E. Doyle, et.al: in Corvallis and Portland, a number of Bennes'
designed buildings are on the NRHP: Howard Hall is the only Bennes' building in Salem.
A historic place: national figures came to the school. Babe Ruth visited the school on December 21,
four days before Christmas in 1928. Ruth "made the acquaintance of our entire population and
passed out a liberal supply of Babe Ruth candy."
Conde B. McCullough, the renown Master Bridge Builder, played baseball with his son, John, across the
street in the 1920s.
file://C:\Users\apauko\AppData\Local\Temp\XPgrpwise\538602E9GWC2ComDev 100177... 5/28/2014
Page 3 of 4
5. Attention should be given to protection of the potential archaeological values on the site. Added
by reference, we include in our comments, a letter of November 11, 2009, from the Assistant State
Archaeologist Susan Lynn White RP A to Fletcher Farr Ayotte Inc that states a
"very high likelihood of significant sites being present..] suggest that the applicant contact a qualified
archaeologist to conduct a cultural resource survey if any ground disturbing activities occur around
Pringle Creek with the project area. " We concur.
The Oregon State School for the Blind was a residential educational facility on the property from
1895 to 2009: an archaeological survey should be completed by a qualified individual or firm.
6. Detail maps or SEA drawings in the request for comments appear to be color coded and, in so far as
the material is not in color, are difficult to read. The property is inaccessible and fenced so at site or
opportunity to walk the site was not readily available.
Thank you for the opportunity to comment.
Regards.
Jon Christenson MURP
For myself, as an individual
for Friends of Historic Salem
for Friends of the American Council for the Blind
Attachment 6
RECEIVED
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PUBLIC
'· c 1~ 1 8 2014
CITY~~
;:oh1MUI~ITY DEVELQPIIIENT
<......J AT YOUR SERVICE
W 0 R K S
TO:
FROM:
E
Aaron Panko, Planner II
Community Development Department
(t. /)
,
Glenn Davis, P.E., C.F.M., Chief Development Engineer ;~JL~\ ~----
Public Works Department
,
'
DATE:
June 18, 2014
SUBJECT:
PUBLIC WORKS RECOMMENDATIONS
SITE PLAN REVIEW 14-03 (14-106322-RP)
650-700 CHURCH STREET SE
NEW REHABILITATION BUILDING AND PARKING AREA
J
\0
L-
PROPOSAL
Class 3 Site Plan Review for development of a new outpatient rehabilitation center,
approximately 33,447 square feet in size, a hospitality house, a 127-square-foot
addition to an existing maintenance building and a parking area expansion for Salem
Hospital, including a Chapter 68 Variance request to remove nine significant trees from
the property, for property approximately 8.42 acres in size, zoned PE (Public and
Private Educational Services), and located at 650-700 Church Street SE (Marion
County Assessor's Map and Tax Lot numbers: 073W27DB /300 and 500).
RECOMMENDED CONDITIONS OF APPROVAL
1. Convey land for dedication of right-of-way along the entire frontage of Mission
Street SE (Mission) to equal a total right-of-way width of 72 feet, approximately
12 feet in additional width, including minimum 20-foot radii at the intersections of
Church Street SE (Church) and Winter Street SE (Winter).
2. Construct streetlights along the entire frontage of Church as specified in the
PWDS.
3. Dedicate an easement along Church consistent with the PWDS for any portion of
the public sidewalk that is located outside the public right-of-way.
4. Modify the sidewalk ramp at the northwest corner of the Winter/Mission
intersection in accordance with ADA requirements as specified in the PWDS;
modify any other sidewalk ramps that do not meet current standards along the
development's frontage of Mission and Church.
Code authority references are abbreviated in this document as follows: Salem Revised Code (SRC);
Public Works Design Standards (PWDS); Salem Transportation System Plan (Salem TSP); and
Stormwater Management Plan (SMP).
Aaron Panko, Planner II
June 17, 2014
. ~~Qe2
5. Construct all new structures and substantial improvements within the regulatory
floodplain to a minimum elevation of 148.5 or otherwise protect th!'l buildings from
flooding as specified in SRC Chapter 140. Elevation Certificates are required to
verify each structure's elevation prior to pouring the foundation and again prior to
final occupancy.
6. Obtain City Council approval for the vacation of the following right-of-ways; Leslie
Street SE between Cottage Street SE and Winter, Cottage Street SE between
Pringle Creek and Mission, University Addition Block 23 alley, and University
Addition Block 25 portion of alley.
7. Obtain construction permits and dedicate easements as warranted for the
relocation of the existing public storm main within the subject property as shown
in the applicant's utility plan.
FACTS
Streets
1. Mission Street SE
a. Standard-This street is designated as a minor arterial street in the
Salem TSP. The standard for this street is a 46-foot-wide improvement within
a 72-foot-wide right-of-way.
b. Existing Condition-There is an approximate 36-foot improvement within a
60-foot-wide right-of-way adjacent to the subject property.
2. Church Street SE
a. Standard-This street is designated as a collector street in the Salem TSP.
The standard for this street is a 30-foot wide improvement within a
60-foot-wide right-of-way.
b. Existing Condition-There is an approximate 47-foot improvement within a
99-foot-wide right-of-way adjacent to the subject property.
3. Winter Street SE
a. Standard-This street is designated as a collector street in the Salem TSP.
The standard for this street is a 30-foot-wide improvement within a
60-foot-wide right-of-way.
b. Existing Condition-There is an approximate 48-foot improvement within a
97-foot-wide right-of-way adjacent to the subject property.
4. Cottage Street SE-A remnant portion of Cottage Street SE right-of-way was
formerly vacated within the subject property, but the vacation process placed
TLC/JP:G:\GROUP\PUBWKS\PLAN_ACT\PAFINAL14\SffiPLANREVIEW\SPR CLASS 3 6SO CHURCH ST SE (I 4-106322-RP),DOC
Aaron Panko, Planner II
June 17, 2014
Page3
limitations on the land that prohibit construction of buildings within the former
right-of-way.
Storm Drainage
Existing Conditions
a. There are existing 18-inch and 24-inch storm mains located in Church.
b. An existing 36-inch storm main bisects the subject property and disposes
directly into Pringle Creek.
c. An existing 24-inch main is located in Mission.
'
Water
..
Existing Conditions
a. A 6-inch G-O water line is located in Church. Mains of this size generally
convey flows of 500 to 1,200 gallons per minute.
b. A 12-inch G-0 water line is located in Mission. Mains of this size generally
convey flows of 2,100 to 4,900 gallons per minute.
c. A 6-inch G-0 water line is located in Church. Mains of this size generally
convey flows of 500 to 1 ,200 gallons per minute.
d. An 8-inch G-O water line is located within an easement north of the east edge
of the subject property. Mains of this size generally convey flows of 500 to
1,100 gallons per minute.
Sanitary Sewer
Existing Conditions
a. There are 6-inch and 36-inch sewer lines located in Mission.
b. There are 9-inch, 42-inch, and 48-inch sewer lines located in Church.
c. A 10-inch sewer line is located in Winter.
d. Multiple sanitary sewer disconnect p.ermits were obtained in 2011 in
conjunction with the demolition of existing buildings at the subject property.
All service disconnects were determined to be not reusable.
TLC/JP:G:\GROUP\PUBWKS\PLAN_ACT\PAFINAL14\SITEPLANREVIEW\SPR CLASS 3 650 CHURCH ST SE (14-106322-RP).DOC
Aaron Panko, Planner II
June 17, 2014
Pa9e ~
!\/.\ ,-·,'\1. 0..
v~=-···
'~
Natural Resources
1. An existing floodway and floodplain is located on the subject property designated on
the FEMA floodplain maps. The 100-year base flood elevation is approximately
148 feet on the subject property. Development within the floodplain requires a
floodplain development permit and is subject to the requirements of SRC Chapter 140.
An Elevation Certificate is required to verify the structure's elevation.
2. The Salem-Keizer Local Wetland Inventory shows there are hydric soils areas
mapped on the property. The applicant should contact the Oregon Department of
State Lands to verify if permits are required for development or construction in the
vicinity of the mapped hydric soil areas.
3. SRC 69.060 requires a geological assessment or report when regulated activity is
proposed in a mapped landslide hazard area. The applicant's proposal does not
appear to disturb any portion of a mapped landslide hazard area with regulated
activities; therefore, a geological assessment is not required.
CRITERIA AND FINDINGS
Analysis of the development based on relevant criteria in SRC 220.005(!)(3) is as
follows:
Criteria- The application meets all applicable standards of the Unified
Development Code (UDC).
Finding-The proposed development is located within the regulatory floodplain and
requires a floodplain development permit. The base flood elevation for the proposed
development is 147.5 based on cross section H within the Floodway Data Table of the
Flood Insurance Study. The finish floor elevation of the Outpatient Rehabilitation
Center, Hospitality House, and temporary construction building shall be elevated to
148.5 or otherwise protected from flooding as described in SRC 140.
The Design and Construction Building is a 127-square-foot building addition to a
building approximately 3,000 square feet in size. The addition is not a substantial
improvement as defined in SRC 140, nor is it new construction as defined in 44 Code of
Federal Regulations 59.1. As a result, the addition to the Design and Construction
·
Building does not have specific elevation requirements in SRC 140. However, the
building shall be constructed using methods that limit potential flood damage as
specified in SRC 140 and Building Code.
Criteria-The transportation system provides for the safe, orderly, and efficient
circulation of traffic into and out of the proposed development, and negative
impacts to the transportation system are mitigated adequately.
Finding-Mission is a fully improved street with an interim width of 36 feet, but does not
currently have adequate right-of-way to meet its minor arterial street standard of 72 feet.
Because right-of-way acquisition from Bush Park is not possible, approximately 12 feet
TLqJp:G:\GROUP\PUBWKS\PlAN_ACT\PAFJNAL14\SITEPlANREVIEW\SPR ClASS 3 650 CHURCH ST SE (14-106322-RP).DOC
Aaron Panko, Planner II
June 17, 2014
P"ape 5 ..
of additional right-of-way is needed within the subject property to meet the minor arterial
standard. In addition, the sidewalk ramp at the northwest corner of the Winter/Mission
intersection does not meet current standards and shall be upgraded as a condition of
development.
Church has adequate right-of-way and improvement width, but lacks streetlights. The
applicant is proposing to remove the existing sidewalk along Church and replace it with
an eight-foot-wide mixed use pedestrian/bicycle path. The developer's engineer and
surveyor shall verify the proposed path is located fully within the existing right-of-way or
dedicate an ·easement for any portion of the sidewalk located outside the right-of-way.
The applicant submitted a Traffic Impact Analysis (TIA) which specifies no mitigating
improvements are necessary. The TIA summary is as follows:
•
The proposed Medical Office Building (MOB) and parking lot will not adversely
impact traffic operations to the intersections in the vicinity of the Salem Hospital.
•
The MOB generated trips and re-routing of trips to the parking lot are primarily
expected to occur on Mission and Pringle Parkway.
•
The existing striping on Mission is sufficient to facilitate turning movements to
and from the Mission Site Driveways.
•
The proposed driveways will have adequate sight distance.
Criteria-Parking areas and driveways are designed to facilitate safe and efficient
movement of vehicles, bicycles, and pedestrians.
Finding-The driveway access points to Winter and Mission meet minimum spacing
standard requirements in the PWDS to provide for safe turning movements for ingress
and egress from the property. The applicant's TIA specifies that the access points have
adequate sight distance.
Criteria-The proposed development will be adequately served with City water,
sewer, storm drainage, and other utilities appropriate to the nature of the
development.
Finding-The Public Works Department has reviewed the applicant's preliminary utility
plan for this site. The water, sewer, and storm infrastructure are available within
surrounding streets/areas and appear to be adequate to serve the proposed
development.
The applicant's engineer submitted a statement demonstrating compliance with the
current PWDS and SRC Chapter 71. The prelfminary stormwater design demonstrates
the use of green stormwater infrastructure to the maximum extent feasible.
TLC/JP:G:\GROUP\PUBWKS\PLAN_ACT\PAFINAL14\SffiPLANREVIEW\SPR ClASS 3 650 CHURCH 5T SE (14-106322-RP).DOC
Aaron Panko, Planner II
June 17, 2014
P~ge 6
MErv1Q
The applicant's site plan proposes to relocate an existing public storm drain line within
the project site. The stormwater design and easement configuration are subject to the
requirements of the PWDS.
·
RESPONSE TO CITIZEN CONCERNS
The South Central Association of Neighbors (SCAN) submitted a letter requesting
additional conditions of development related to pedestrian and bicycle safety. Public
Works staff has addressed their concerns as follows:
User-Activated Beacon-A median, with signing, already exists at the intersection to
help cyclists and pedestrians cross Mission Street. The use of rapid flashing beacons
work best where cyclist or pedestrians are not visible to traffic. On multilane roads (two
or more lanes in a single direction), adjacent vehicles may block visibility of that
pedestrian crossing the street. Therefore the driver would not have the opportunity to
yield to the pedestrian, creating a safety issue, the rapid flashing beacons help correct
that safety issue. On single lane roads, like Mission at Church, a driver's view of a
pedestrian is not blocked. Therefore, their use is not necessary to correct a visibility
problem.
Enhanced Bicycle Lanes-The development is dedicating approximately 12 additional
feet of right-of-way along Mission to allow for future widening of Mission. Any
improvements along the frontage at this time would provide limited if any functional
benefit because they would be limited to only the portion of Mission between Church
and Winter. The bicycle lane improvements would be better suited as a regional
improvement as part of a capital improvement project at a later time.
Winter/Mission Intersection-The improvements recommended by SCAN would be a
benefit to bicycle safety, but require improvements within Bush Park outside the scope
of this development. The approval criteria do not authorize off-site improvements on
adjacent property.
Prepared by: Robin Bunse, Administrative Analyst II
cc: File
TLC/lP:G:\GROUP\PUBWKS\PlAN_ACT\PAFJNAL14\SmPLANREVIEW\SPR CLASS 3 6SO CHURCH Sf SE (14-106322-RP).DOC
Attachment 7
SEA
SCOiT[EOWARDS ARCHITECTURE LLP.
Salem Health - Outpatient Rehab
650 Church St. SE
Salem, OR
April22, 2014
Aaron Panko -Associate Planner
City of Salem
Community Development Department
555 Liberty Street SE, Room 305
Salem, OR 97301
Dear Mr. Panko,
This letter is in regards to our pre-application meeting and subsequent
discussions regarding parking for Salem Hospital. The current parking count on
campus is not adequate to meet the needs of the Hospital and its patients. The
hospital would like to address this through the development of the 650 Church St.
property. Due to these factors, we are wanting to clarify whether a Class 2
Adjustment will be necessary in order to "provide for an alternative way to meet
the purposes of the code and provide for reasonable development of property."
The hospital would like to address the current parking needs of the campus in
conjunction with the development of the development of the 650 Church St. SE
property.
Due to the variety of services that Salem Health offers, calculating the parking
totals based on a singular use does not provide an accurate representation of
parking needs. Oftentimes, multiple services are often rendered within a singular
building. The pre-application meeting minutes also state that "off-street parking
and off-street loading areas are required for each proposed use in any new
building.or structure erected." It is due to these factors that parking requirements
could be better estimated by evaluating the campus parking requirements with a
combination of uses outlined within the Salem Revised Code.
We have analyzed the various structures and uses throughout the campus to
provide a more appropriate estimate of the parking needs. The Salem Hospital
campus is currently comprised of a mix of inpatient and outpatient services,
which total1 ,262,944 sf and 430 beds. The primary use of each structure was
identified and parking counts were derived from Table 133-1 of the SRC. From
this analysis, a minimum of 2,340 parking stalls are required with a maximum of
4,095 stalls. There is currently 2,572 existing spaces on campus, well within the
maximum permitted by code.
2525 East Burnside Street 1 Portland, OR ~7214
I
p: (503) 226-3617
I f:
(503) 226·37151 www.seallp.com
Salem Hospital - Outpatient Rehab 1 Memorandum I 4/22/2014
The development of the 650 Church St. property will attempt to address the
current parking needs of the campus while also providing a new Outpatient
Rehabilitation Facility and Hospitality House. The combination of these two uses
on-site would require a minimum of 101 spaces and a maximum of 177 stalls on
the property. There are 264 spaces proposed in the new development, which is
87 more than permitted by code; however, these 87 extra spaces would very
much help to alleviate the current parking constraints that exist on campus. Much
care is also being given to consider the impacts of this development on the
surrounding community.
Attached is a detailed account of our findings to aid you in determining if a Class
2 Adjustment will be required. We have also provided previous correspondence
dated back to August 31, 2011 between Glenn Gross from the City of Salem and
CBJTwo Architects in the event that this information is useful in making a
decision. Thank you for working with us to provide a solution that will better help
Salem Health to better serve its patients, visitors, and staff. Please let us know if
you have any additional questions or require further clarifications.
Sincerely,
Sara Ruzomberka
2525 East Burnside Street 1 Portland, OR 97214 1 p: (503) 226-3617 1 f: (503) 226-37151 www.seallp.com
SEA
Salem Hospital Parking and Building Breakdown
SCOTTI ~DWflhDij IIRCfiiTt:CTUR!i LLP
EX.ISTING:
Bu!!dlng A:
First Floor
Second Floor
Third Floor
Fourth Floor
Fifth Floor
Sixth Floor
Square Feet
Beds
Primal')' Use {SRC}
385,000
120
In atlant Hos llal
97,000
78,000
42,000
42,000
42,000
42,000
Seventh Floor
42,000
Building B:
483,454
Basement Floor
First Floor
89,342
89,945
Second Floor
Third floor
76,632
260
88
50,792
SMh Floor
50,824
"
"
Building C:
187,883
0
First Floor
Socond Floor
Third floor
Fourth Floor
Fifth floor
40,8113
43,000
35,000
35,000
34,000
Bulld!nl! D:
aasamant Floor (Shell)
First Floor
Secane! Floor
Third Flogr
Fourth Floor
Ffflh Floor (Shell)
124,077
50
32,2&7
32,267
Shell
Building E:
18,400
1073 Oak St.
11,765
31,810
30,000
30,000
30,000
11,985
Urgent Care
10,075
TOTAL BEDS ON CAMPUS
P~rklngStall~·
Tgtal Minium
Hospital (1,5 x II of
Beds)
180
Health Services
(GROSS SF/350)
Required Puking
Stalls
1SO
..
Inpatient/Office
• {Hospital
350
1,382
""
Outpatient (He~lth
Servlc~sl
350
537
537
lnoatlent !Hosoltall
1.5
75
75
25
25
Shall
Outpatient (Health
Servlc~S)
Office (Healtll
Services)
Outpatient (Healttl
4,305
720 Building
TOTAL EXISTING BUilDING
SQUARE FOOTAGE
Mlnum Required
75,090
50,829
Central Engery Plant
Minimum Requ!r~d
Parking Stalls-
"
"
""
Fourth FIO<.lr
Fifth Floor
MRI/ Fl!ness Centet
Hospital (SRC
Tabla 133-1)
1.5
Health/Business
S~rvlc~s (SRCTable
lSH)
Service~)
Outpatient/Office
{Health Services)
Outpatient (Heolth
Services)
350
5l
53
350
"
"
13
13
350
35
35
350
29
"
350
.
Dlvi$[on E (Electric,
Gas, and Sanitary
Services)
26,000
1,262,944
430
2
MINIMUM REQUIRED EXISTING PARKING
STAlLS (PER SII.C
2340
MAXIMUM PERMITTED EXISTING STAltS
PER. SRC 133.100(b)" (MIN. REQ) K (1,75)
4095
CURRENT NUMBER OF EXISTING SPACES
ON CAMPUS
2572
NEW:
Outpatient Rehab!lftatlon
Outpatient (Health
33,447
Services)
Hotel~,
Hospitality House
4,049
TOTAL EXISTING BUILDING
37,496
5Sultes
96
350
96
flopm!ng
Houses, Camps, and
5
other Transient
Lodging Places
MINIMUM REQUIRED EXISTING PARKING
STALLS (PER SRC
101
SQUARE FOOTAGE
MAXIMUM PERMITTED EXISTING STALLS
PER. SRC 133,100(b) = (MIN, REQ) X (1,75)
177
TOTAl NUMBER OF STALLS PROPOSED IN
CHURCH ST. PROPERTY
264
TOTAL:
Attachment 8
SEA
Tree Variance Statement
Salem Health - Outpatient Rehab
650 Church St. SE
Salem, OR
SCOTT) EDWARD$ ARCHITECTURE LLP,
April 22, 2014
City of Salem
Planning Department
555 Liberty Street SE, Room 305
Salem, OR 97301
To whom it may concern,
This letter is regarding the Tree Variance Application as described In Chapter 68 in the City of
Salem Revised Code. Salem Health is applying to remove nine Significant Trees as defined by
68.020. (q) of the City of Salem Revised Code located on the 8.37acre proposed development
site, 650-700 Church under the Hardship Variance. The removal of these trees is imperative to
the site development of the new outpatient rehabilitation building and surrounding land.
In the design of the site, Salem Health's primary concern was the accessibility of the site for
pedestrians. The current site grading is difficult to navigate, and the team was challenged with
creating a site plan that would retain as many of the existing plantings as possible while
transforming the site into a space that could be used fully by anyone. A special focus was taken
to preserving the conifers along Church Street, maintaining an undisturbed buffer from the site to
the adjacent residential neighborhood, and preserving the Significant Trees.
Stephen Goetz, an arborist brought on by Salem Health, was consulted to analyze the existing
trees and their current state to aid the team in creating a solution that would minimize disturbance
to the trees that were in the best condition for future survival. In summation, of the fifteen
Significant trees found on the site, five were found to be in poor condition and not likely to survive.
To make the site accessible, the hardscape was focused in the areas containing trees with an
unlikely chance of survival, allowing the preservation of six of the site's Significant Trees.
While planning the site, the restoration of the riparian corridor around Pringle Creek was seen as
an opportunity to improve the natural features of the site. Attached is a letter from the design
team's landscape architect describing the current site conditions as well as the proposed plan for
restoration in order to enhance the site and maintain the existing native plantings.
Salem Health and the design team understand the communal importance of preserving
Significant Trees and how they contribute to the natural resources for the City. Granting the
Hardship variance would allow persons previously unable to traverse the site because of a
disability the same experience as those without, alleviating accessibility difficulties caused by
difficult terrain. The proposed design hopes to improve the future of the site, making the
development a benefit to the community.
Sincerely,
Sara Ruzomberka
LEED AP BD+C
2525 East Burnside Street
I
Portland, OR 97214
I
p: (503) 226-3617
I f: (503) 226-37151
www.seatlp.com
ATTACHMENT 5
AT YOUR SERVICE
MEMORANDUM
Urban Development Department
DATE:
July 31, 2014
TO:
Judith Johnduff, Associate Transportation Planner
Public Works Department
THROUGH: Clint Dameron, Real Property Services Manager
Urban Development Department
FROM:
Betty Fifer, Title/Relocation Specialist
Urban Development Department
SUBJECT:
Assessment of Special Benefit- Vacation of Public Right-of-way
Located between Mission St SE, Church St SE, Winter St SE and
Pringle Creek
Your July 14, 2014, memo to Clint Dameron addresses four right of way locations to be
vacated. All of the property adjacent to those areas is zoned Public Health, PublicPrivate Education or Public Amusement. It is difficult to obtain comparable sales data
for properties zoned for public use; there haven't been any recent sales of property with
public use zoning in Salem. In this case, the only sale data available was from the
State of Oregon's 2010 sale of the Oregon School for the Blind to Salem Hospital, the
petitioner. The subject of this sale is adjacent to the areas to be vacated and although
the property was improved at the time of the sale, most of the buildings have been
razed and they do not appear to have been considered in the sale price. Based on this
sale, the assessment of special benefit would be $16.46 per square fool if the area is
unencumbered by easements. In the areas where easements will be retained, the price
should be 50% of the benefit assessment, or $8.23 per square foot.
Urban Development Department
Tele: 503.588.6178
3 50 Commercial St. NE
Salem, OR 97301
Fax.: 503.589.2054
Location of Proposed
Dedication of Right-of-Way
and enhanced pedestrian
faci lities
Bicycle and Pedestrian Path Network
•
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.
•
Proposed Shared·Use Path
Potential Enhanced Bikeway
October 13, 2014
8.1 (a)
1
ORDINANCE BILL NO. 21-14
2
AN ORDINANCE VACATING A PORTION OF PUBLIC RIGHT-OF-WAY LOCATED
3
BETWEEN MISSION STREET SE, CHURCH STREET SE, WINTER STREET SE, AND
4
PRINGLE PARKWAY
5
The City ofSalem ordains as follows:
6
Section 1. Findings.
7
(a) On August 11, 2014, the City Council directed the City Manager to set a date for a public
8
hearing to consider the vacation of four rights-of-way located between Mission Street SE,
9
Church Street SE, Winter Street SE, and Pringle Parkway, as described in Exhibit A.
10
(b) A public hearing before the City Council to consider the vacation of the rights-of-way was
11
set for September 22, 2014, and notice of the hearing was provided as required by Oregon
12
Revised Statutes (ORS) 271.110 and Salem Revised Code (SRC) 255.065. The staff report
13
was made available at least seven days prior to the September 22, 2014 hearing.
14
(c) A public hearing before the City Council was held on September 22,2014, at which time
15
interested persons were afforded the opportunity to present evidence and provide testimony
16
in favor of, or in opposition to, the proposed vacation, and upon consideration of such
17
evidence and testimony and after due deliberation, the City Council finds as follows:
18
(1) The rights-of-way to be vacated contain approximately 81,411 square feet ofland.
19
(2) The abutting property owner has petitioned for this vacation, and the vacation will not
20
substantially impact the market value of abutting properties such that damages would be
21
required to be paid pursuant to ORS 271.130.
22
(3) The vacation is consistent with SRC 255.065 and complies with Section 255.065(b)(6)
23
which establishes the criteria listed below for approving a right-of-way vacation:
24
(A). The area proposed to be vacated is not presently, or will not in the foture, be needed
25
for public services, facilities, or utilities;
26
FINDING:
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Transportation: The rights-of-way proposed to be vacated are not currently used for
28
public transportation services. The area is served by Mission Street SE to the south,
29
Church Street SE to the west, Pringle Parkway to the north, and Winter Street SE to the
30
east. Additionally, a path system through Pringle Park and along Shelton Ditch provides
ORDINANCE- Page 1
COUNCIL OF THE CITY OF SALEM, OREGON
1
additional east/west bicycle and pedestrian access between Church Street SE and Winter
2
Street SE. The rights-of-way proposed to be vacated are not needed for public
3
transportation purposes.
4
Utilities: All utilities, city departments, and relevant public agencies were notified of
5
these proceedings. Several utilities as well as Pringle Creek are located within the rights-
6
of-way proposed for vacation.
7
Pringle Creek extends through the Cottage Street SE right-of-way proposed to be
8
vacated. Therefore, as a condition of this vacation, petitioner shall provide the City a
9
creek and open channel setback and maintenance easement for Pringle Creek in a form
10
and location acceptable to the City.
11
An existing 36" storm main extends from Mission Street SE northward to Pringle Creek.
12
The petitioner is proposing to relocate these facilities consistent with the petitioner's
13
approved Site Plan Review (Exhibit B). As a condition of the Site Plan Review,
14
petitioner is required to obtain construction permits and provide easements for the new
15
storm main. In order to maintain the service of the existing storm main until the new
16
main is operational, the vacation shall be conditioned on petitioner providing an easement
17
by separate instrument in a form acceptable to the City for the existing 36" storm main,
18
which may be abandoned and quitclaimed by the City once a new easement for the
19
relocated storm main is provided.
20
A water main and a fire hydrant are currently located within a portion of Leslie Street SE
21
and Cottage Street SE which are proposed to be vacated. Once petitioner's development
22
is completed, these facilities will no longer be needed and may be abandoned. The
23
vacation shall be conditioned on petitioner providing an easement for these facilities by
24
separate instrument, which may be abandoned and quitclaimed by the City once the City
25
determines the facilities are no longer needed. The proposed vacation complies with this
26
criterion.
27
(B) The vacation does not prevent the extension of, or the retention ofpublic services,
28
facilities, or utilities;
29
FINDING:
30
ORDINANCE- Page 2
COUNCIL OF THE CITY OF SALEM, OREGON
'I
1
There are no adopted plans that call for the extension of new public services, facilities, or
2
utilities to or through the proposed areas to be vacated. The recommended conditions
3
listed above will protect the existing public and private facilities. The proposed vacation
4
will have no effect on the provision of public utilities, services, or facilities and will not
5
degrade transportation services or accessibility in the area. The proposed vacation
6
complies with this criterion.
7
(C) Public services, facilities, or utilities can be extended in an orderly and efficient
8
manner in an alternate location;
9
FINDING:
10
There are no adopted plans, including the Salem Transportation System Plan, that call for
11
the extension of new public services, facilities, or utilities through the proposed areas to
12
be vacated. Access to the abutting property will be provided by private driveways
13
connecting to Mission Street SE and Winter Street SE with an additional pedestrian
14
access provided to Church Street SE. The proposed vacation will have no effect on the
15
provision of public utilities, services, or facilities and will not degrade transportation
16
services or accessibility in the area. The proposed vacation complies with this criterion.
17
(D) The vacation does not impede the future best use, development of, or access to
18
abutting property;
19
FINDING: The four rights-of-way proposed for vacation are located adjacent to Salem
20
Hospital property and Pringle Park which is owned by the City of Salem. All of the
21
abutting properties have existing driveway and sidewalk access to the public street
22
network. Under the new development proposal, site access to the abutting property will
23
be provided by driveways and a sidewalk network connecting to Mission Street SE and
24
Winter Street SE with an additional pedestrian access to Church Street SE. The proposed
25
vacation complies with this criterion.
26
(E) The vacation does not conflict with provisions of the UDC including the street
27
connectivity standards and block lengths,·
28
FINDING: The proposed vacations do not conflict with the provisions of the UDC
29
regarding street connectivity and block lengths. While the existing street network
30
exceeds the City's block length standards, the connectivity of Cottage Street SE and
ORDINANCE- Page 3
COUNCIL OF THE CITY OF SALEM, OREGON
1
Leslie Street SE beyond petitioner's abutting property is limited by existing development
2
patterns, Bush's Pasture Park, Pringle Creek, and Shelton Ditch.
3
Access to the abutting property will be provided by private driveways connecting to
4
Mission Street SE, a Minor Arterial, and Winter Street SE, a Collector, with an additional
5
pedestrian access provided to Church Street SE, a Collector. An existing path system
6
through Pringle Park and along Shelton Ditch provides additional east/west bicycle and
7
pedestrian access between Church Street SE and Winter Street SE. These facilities
8
provide an interconnected local street system that allows for the dispersal of traffic and
9
encourages a mix of travel modes. The proposed vacation complies with this criterion.
10
(F) All required consents have been obtained;
11
FINDING: Petition-initiated vacations require the consent of 100 percent of the
12
abutting real property owners and two-thirds of the property owners within the affected
13
area which is defined in ORS 271.080. The applicant has submitted the signed consent of
14
abutting and affected property owners, and staff has determined that all of the required
15
consents have been obtained. The proposed vacation complies with this criterion.
16
(G) Notices required by ORS 271.080-271.130 have been duly given;
17
FINDING: Notice of this public hearing was provided as required by ORS 271.080-
18
271.130. Notice was published in the Statesman Journal and posted on the right-of-way
19
proposed for vacation. The proposed vacation complies with this criterion.
20
(H) The public interest would not be prejudiced by the vacation.
21
FINDING: The City Council received written testimony from Curt Fisher and others
22
indicating that public interest would be prejudiced by the removal of trees, impacts on
23
existing natural areas along Pringle Creek, the development of parking areas that exceed
24
the maximum allowed by code, and a lack of bicycle lanes and other improvements along
25
Mission Street. The Council finds that the criterion is limited to impacts from the
26
vacation only, and the potential impact of subsequent development either within the
27
vacated right-of-way, or abutting property is not a consideration. The term "public
28
interest" as used in this criterion relates to the public benefits currently realized by this
29
right-of-way that would be prejudiced by the vacation. These public interests include
30
present and potential future use of the right-of-way for transportation and public and
ORDINANCE- Page 4
COUNCIL OF THE CITY OF SALEM, OREGON
1
private utilities. In this case, the rights-of-way proposed for vacation are unopened and
2
are not used for any public transportation purpose. As set forth above in the findings for
3
the other criteria, petitioner will provide new easements for the existing private and
4
public utilities, which will be relocated at petitioner's expense. Further, the findings
5
demonstrate that pedestrian and vehicle access from and to the transportation system, and
6
neighboring properties are already accommodated through the existing transportation
7
system, and that access will be enhanced through additional right-of-way and pedestrian
8
and landscaping improvements to be provided by petitioner. The conditions of approval
9
will ensure that the public interest will continue to be preserved through this vacation.
10
The public interest does not include consideration of impacts that may result from
11
development as a result of the vacation when that development has received separate land
12
use approval and is otherwise allowed.
13
the right-of-way to be vacated, or petitioner's property abutting the right-of-way, is
14
subject to separate land use review or approvals distinct from this vacation.
15
Council received written testimony that a "concrete entry stairwell" immediately east of
16
the Church Street sidewalk is a historical "contributing site feature" and was not
17
addressed in the staff report. The stairwell is located north of Howard Hall and well
18
north and just adjacent to the eastern boundary of the Gaiety Hill/Bush's Pasture Park
19
Historic District. The stairwell is not a designated historic resource. Although it appears
20
to be referenced in the National Register of Historic Places Nomination for the Oregon
21
State School for the Blind ("School"), the School site has never been designated either a
22
historic resource or a local or national historic district. Although Howard Hall was
23
designated as a local historic resource, the stairwell is located north of Howard Hall, is
24
not included in this local designation, and therefore historic design review for stairwell is
25
not required under the Salem Revised Code.
26
Even assuming the stairwell is a designated historic resource, it is not located within the
27
right-of-way proposed for vacation. It may be within the area that is proposed for
28
landscaping improvements, as required by the City as part of the assessment of special
29
benefit. However, the vacation and conditions of approval do not grant land use
30
approval for the construction of any improvements or for any alteration of the stairwell.
ORDINANCE- Page 5
Any tree removal or development occurring on
COUNCIL OF THE CITY OF SALEM, OREGON
1
Those approvals, to the extent they may be need, wonld come at the time when the
2
landscaping improvements are made.
3
Fnrther, conditions of approval attached to other development, such as pedestrian
4
amenities, are not necessary to support a finding that the public interest is not prejudiced
5
by this proposal. Rather, approval of this vacation with the recommended conditions,
6
such as the protection for existing private and public utilities, will assure that the vacation
7
is compatible and consistent with the criteria set forth in SRC 255.065(b)(6) and will not
8
prejudice the public health, safety, or welfare of the citizens of the city of Salem. The
9
proposed vacation complies with this criterion.
10
(4) The facts and findings contained in the Staff Report dated September 22,2014, are
11
hereby adopted as facts and findings in support of this decision, and by this reference
12
incorporated herein.
13
(d) Assessment of Special Benefit. SRC 255.065(b)(7) permits the City Council to assess a
14
special benefit upon the owner of the real property abutting right-of-way to be vacated that
15
the City Council deems just and equitable under the circumstances. In this instance, City
16
Council finds, as set forth in the Staff Report, that development of an eight-foot wide
17
pedestrian facility along the east side of Church Street SE connecting Mission Street SE to
18
the driveway entrance to Pringle Park; a transfer of approximately 5 feet of petitioner's
19
land, approximately 3,000 square feet of land, along the Church Street SE right-of-way
20
from Mission Street SE to the north end of the petitioner's property; and development of
21
landscaping improvements on that land as payment of the assessment of special benefit is
22
just and equitable under the circumstances. As set forth in the Staff Report, the rights-of-
23
way to be vacated have been closed to the public and are not used for public transportation
24
purposes. All necessary easements for public and private facilities, and the cost of
25
relocation of those facilities will be the responsibility of petitioner, and therefore the
26
construction of the pedestrian facility and the additional land to be dedicated as right-of-
27
way, and developed with landscaping improvements, is adequate payment of the
28
assessment of special benefit.
29
Section 2. Vacation. That certain property more particularly described in Exhibit A of this
30
Ordinance shall be vacated subject to the following conditions:
ORDINANCE- Page 6
COUNCIL OF THE CITY OF SALEM, OREGON
1
2
3
4
a) Petitioner shall provide the City a creek and open channel setback and maintenance easement
for Pringle Creek in a form and location acceptable to the City.
b) Petitioner shall provide an easement by separate instrument in a form and location acceptable
to the City for the existing 36" storm main.
5
c) Petitioner shall provide an easement by separate instrument in a form and location acceptable
6
to the City for the existing water main and a fire hydrant that are currently located within a
7
portion of Leslie Street SE and Cottage Street SE which are proposed to be vacated.
8
Section 3. Assessment of Special Benefit. Petitioner shall provide the City with an executed
9
general warranty deed, in a form acceptable to the City, conveying approximately 3,000 square
10
feet ofland along the Church Street SE right-of-way in a location to be determined by the City,
11
and provide security in the form of a performance bond or other security, in a form acceptable to
12
the Public Works Director, for the construction of the landscaping improvements.
13
Section 4. Vacation Effective Date. This vacation shall not be effective until:
14
(a) All fees and the assessment of special benefit have been satisfied.
15
(b) All required legal documents have been signed, filed, and, if required, recorded.
16
(c) The petitioners have complied with all conditions attached to the vacation.
17
(d) A certified copy of this ordinance is recorded with the Marion County Clerk.
18
PASS ED by the City Council this
19
day of
, 2014.
ATTEST:
20
21
22
CityRcoonlcr
23
Approved by City
7) ~
Atto~ ~
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26
Checked by: J. Johnduff
G:\Group\legall\COUNCIL\2014\092214 vacation of ROW located between Mission, Church, Winter, and Pringle Parkway Ord No 21-14.docx
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ORDINANCE- Page 7
COUNCIL OF THE CITY OF SALEM, OREGON