A minor Comprehensive Plan Map amendment is an amendment to the Salem Comprehensive Plan Map that affects only a small number of properties or a closely circumscribed set of factual circumstances. A minor Comprehensive Plan Map amendment changes a property’s Comprehensive Plan designation from one comprehensive plan designation to another comprehensive plan designation (Example: Single Family Residential to Multiple Family Residential).

Requirements for a minor Comprehensive Plan Map amendment are contained in Salem Revised Code (SRC) Chapter 64.

Procedure Type

An application for a minor Comprehnsive Plan Map amendment is processed following the Type III application procedures under SRC Chapter 300.

Process

• Pre-application conference. You must request a pre-application conference prior to submitting your application.
• Open House Required. An open house, pursuant to SRC 300.320, is required prior to submitting this land use application. Prior to submitting a land use application requiring an open house, the applicant shall arrange and attend one open house for the purpose of providing the applicant with the opportunity to share their proposal with the neighborhood and surrounding property owners and residents prior to application submittal or attend a neighborhood association meeting in-lieu of open house.
• Application. You must submit all required items listed in the application checklist section below to the Permit Application Center Portal.
• Completeness review. Staff reviews your application for completeness. If the application is not complete, you will be notified as to what information is missing and will have 180 days to submit the additional information. You may track the status of your application online at the City of Salem permit tracking webpage.
• Hearing date and notice. Once a complete application is submitted, staff sets the date for a public hearing with the Planning Commission and sends notice of hearing to the applicant, property owner, neighborhood association, property owners within 250 ft., all addresses within 250 ft., all addresses on the subject property and any active and duly incorporated Homeowner's Association (HOA) involving the subject property.
• Posting signs. Staff prepares posting sign(s) and sends notice of posting requirements to the applicant. The applicant must post the sign(s) along street frontage(s) of property 10-14 days prior to hearing.
• Public hearing. The Planning Commission holds a public hearing. Staff presents a staff report, followed by testimony from applicant, neighborhood association representative, proponent(s), opponent(s) and rebuttal.
• Decision. The Planning Commission will make a decision based upon whether the proposal meets the applicable criteria for a Comprehensive Plan change under SRC 64.025(e)(2).
• Notice of decision. Staff sends a copy of the decision (noting 15-day appeal period) to the applicant, property owner, neighborhood association, and anyone who submitted testimony for the record prior to the close of the public hearing. If no appeal is filed and the City Council does not initiate review of the application, the decision becomes effective.

Application Checklist

An application for a minor Comprehensive Plan Map amendment must contain the following:

• Land use application form. The land use application form must be signed by the applicant(s), property owner(s), and/or duly authorized representative(s). If the applicant and/or property owner is a Limited Liability Company (LLC), please also provide a list of all members of the LLC with your land use application. The land use form will be generated for you when you submit through the Permit Application Center Portal. You will be required to sign the application that is created and upload the signed form.
• Land use application fee. You must pay the application fee when you file your application.
• Recorded deed/Land and sales contract with legal description. You must submit a copy of the recorded deed/land sales contract of the total contiguous ownership of the applicant.
• Pre-Application Written Summary. You must submit a copy of the written summary of the pre-application conference that the Planning Division sent to you after the conference, or a copy of the pre-application conference waiver, if granted.
• Homeowners Association Information. A statement indicating whether the subject property is subject to an active and duly incorporated Homeowner's Association (HOA) registered with the Oregon Secretary of State. If so, the applicant shall provide the HOA name, name of the registered agent and the mailing address for the registered agent.
• Trip Generation Estimate (TGE) Form. You must complete the applicant portion of the TGE form and upload it with your land use application. Staff will decide whether or not a Transportation Impact Analysis (TIA) is necessary.
  
  • If a TIA is not required, you must submit the completed and approved TGE form with your application.
  • If a TIA is required, the TIA must be completed and approved by Public Works prior to completion of all land use applications.
• Transportation Planning Rule Analysis. Transportation Planning Rule (TPR) Analysis in consideration of the requirements of the Transportation Planning Rule (Oregon Administrative Rule 660-012-006 completed by a traffic engineer and submitted with the application. The analysis determines whether or not the proposed zone change will have a “significant effect on the transportation system.” If it does impact the system, the analysis determines how those effects will be mitigated. You will need to provide the analysis in order to demonstrate compliance with Statewide Planning Goal 12 – Transportation. (If the zone change application is submitted with a consolidated Comprehensive Plan map change application, only one analysis is required.)
• Existing Conditions Plan. The existing conditions plan must include the following information:
  
  • Title Block:
    
    • Type of application (i.e.,"Comprehensive Plan Map amendment Application")
    • Date
    • Applicant’s name
    • Location of subject property
    • Scale
    • Directional (north) arrow
  • Total site area, dimensions, and orientation relative to north
  • Location of existing structures and other improvements on the site, including accessory structures, fences, walls, and driveways, noting their distance from property lines
  • Location of drainage patterns and drainage courses, if applicable
• Open House. A copy of the sign-in sheet for the open house and a summary of the comments provided or when a neighborhood association meeting has been substituted for a required open house, a summary of the comments provided at the neighborhood association meeting or the land use application will not be accepted.
• Written Statement. You must provide a written statement describing the proposal and how it conforms to the following approval criteria for a minor Comprehensive Plan Map amendment SRC 64.025(e)(2). The greater the impact of the proposed change on the area, the greater the burden on the applicant to demonstrate that the criteria are satisfied.
  
  • Alteration in Circumstances. The social, economic, or demographic patterns of the nearby vicinity have so altered that the current designations are no longer appropriate.
  • Equally or Better Suited Designation. The proposed designation is equally or better suited for the property than the existing designation.
  • Conflict Between Comprehensive Plan Map Designation and Zone Designation. A minor Plan Map amendment may be granted where there is a conflict between the Comprehensive Plan Map designation and the zoning of the property, and the zoning designation is a more appropriate designation for the property than the Comprehensive Plan Map designation. In determining whether the zoning designation is the more appropriate designation, the following factors shall be considered:
    
    • Whether there was a mistake in the application of a land use designation to the property
    • Whether the physical characteristics of the property are better suited to the uses in zone as opposed to the uses permitted by the Comprehensive Plan Map designation
    • Whether the property has been developed for uses that are incompatible with the Comprehensive Plan Map designation
    • Whether the Comprehensive Plan Map designation is compatible with the surrounding Comprehensive Plan Map designations
  • The property is currently served, or is capable of being served, with public facilities and services necessary to support the uses allowed by the proposed plan map designation.
  • The proposed plan map designation provides for the logical urbanization of land.
  • The proposed land use designation is consistent with the Salem Area Comprehensive Plan and applicable Statewide planning goals and administrative rules adopted by the Department of Land Conservation and Development.
  • The amendment is in the public interest and would be of general benefit.