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DEPARTMENT OF ADMINISTRATIVE SERVICES

 

DIVISION 125

STATEWIDE FACILITY PLANNING PROCESS

125-125-0048

Notice of Proposed Rulemaking

Prior to adoption, amendment or repeal of any rule, the Commission shall give notice of the intended action:

(1) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 15 days before the effective date of the intended action;

(2) By mailing a copy of the notice to persons on the Commission’s mailing list established pursuant to ORS 183.335(7);

(3) By mailing or furnishing a copy of the notice to:

(a) United Press International;

(b) Associated Press;

(c) Statesman Journal Newspaper;

(d) Salem Neighborhoods, Inc.;

(e) Any Salem Neighborhood Association which has, in writing, requested notice;

(f) Any governing body and planning commission of any city or county that may be affected by a proposed rule.

Stat. Auth.: ORS 183 & 276
Stats. Implemented:
Hist.: CPC 4-1981(Temp), f. & ef. 10-14-81; CPC 5-1981, f. & ef. 12-1-81; Renumbered from 110-001-0000 by DAS 8-2008, f. & cert. ef. 11-4-08

125-125-0049

Model Rules of Procedure

Pursuant to the provisions of ORS 183.341, the Capitol Planning Commission adopts the Attorney General’s Model Rules of Procedure under the Administrative Procedures Act as amended and effective November 17, 1981.

Stat. Auth.: ORS 183
Stats. Implemented:
Hist.: CPC 3-1981, f. & ef. 10-14-81; CPC 3-1982, f. & ef. 4-6-82; Renumbered from 110-001-0010 by DAS 8-2008, f. & cert. ef. 11-4-08

125-125-0050

Purpose, Application, and Authority

These rules are adopted under ORS 276.227. They set forth the statewide facility planning process for state agencies and the duties of the Board, which assists the Department with the planning process. State agencies other than institutions of higher education are required to provide information about their facilities and projects to the Department. Additionally, they implement a planning and review process for facilities and projects within the area described in ORS 276.028.

Stat. Auth.: ORS 276.227
Stats. Implemented:
Hist.: DAS 1-2004(Temp), f. & cert. ef. 3-5-04 thru 9-1-04; DAS 3-2004, f. 7-15-04, cert. ef. 9-1-04; DAS 3-2006, f. & cert. ef. 3-15-06; DAS 3-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08; DAS 4-2008, f. & cert. ef. 6-17-08

125-125-0100

Definitions

As used in these rules, the following terms have the meanings indicated, unless the context requires otherwise:

(1) "Area Plan" means a plan for development in one of the specified geographical areas described in ORS 276.028.

(2) "Biennial Leasing Plan" means a summary of all continuing leases or changes in leasing activity proposed for the coming biennium. This will summarize agency leasing activities or requests and provide a context for individual leasing plans.

(3) "Board" means the Capital Projects Advisory Board appointed under ORS 276.227(3), which is advisory to the Director of the Department.

(4) "Building Maintenance Plan" means a plan to be completed by an agency that owns a building valued at $1 million or greater.

(5) "Committee" means the Capitol Mall Project Review Committee, which reviews projects on the Capitol Mall for compliance with the Capitol Mall Area Plan standards and policy.

(6) "Department" means the Department of Administrative Services.

(7) "Director" means the Director of the Department of Administrative Services.

(8) "Leasing Project Plan" means a proposed new lease, business case and cost benefit analysis completed by state agencies that lease or plan to lease a site with 10,000 or more square feet of conditioned space for a term of ten years or more.

(9) "Construction Project Plan" means a plan to be completed for each major capital construction project of $500,000 or more that a state agency is anticipating within the next three biennia which is either new construction or adds area to an existing facility.

(10) "Space Needs Plan" means a plan to be completed by state agencies that own or plan to build or buy a building with 10,000 or more square feet; lease or plan to lease a site with 10,000 or more square feet of conditioned space for a term of ten years or more; plan to seek any legislative or Emergency Board approval for a major construction, acquisition or leasing project; or plan to seek planning funds for a project that is anticipated to cost more than $500,000 over the next three biennia. The Space Needs Plan includes the Biennial Leasing Plan.

(11) "Statewide Program" means a program of the Facilities Division of the Department of Administrative Services that implements OAR 125-125-0050 to 125-125-0600.

Stat. Auth.: ORS 276.227
Stats. Implemented:
Hist.: DAS 1-2004(Temp), f. & cert. ef. 3-5-04 thru 9-1-04; DAS 3-2004, f. 7-15-04, cert. ef. 9-1-04; DAS 3-2006, f. & cert. ef. 3-15-06; DAS 3-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08; DAS 4-2008, f. & cert. ef. 6-17-08

125-125-0150

Statewide Facility Planning Process

(1) The statewide facility planning process provides a means of evaluating if state facilities are planned, financed, acquired, constructed, managed, and maintained in a manner that maximizes and protects this investment.

(2) The described budget review process program does not apply to institutions of higher education, community colleges, Oregon Health Sciences University, SAIF Corporation, Lottery, Secretary of State, Treasurer's Office, or to the Legislative or Judicial branches.

(3) The Department shall implement and maintain a planning process. This process shall coordinate state facilities' data, standards, maintenance planning, leasing planning, capital project planning, Salem Area Projects planning and Capitol Mall Area Projects Planning. The Department shall use the Board to assist in the review of agency plans and other associated documents and to advise the Director.

(4) The Statewide Facilities Program shall develop the State Facilities Planning Process Manual. The manual shall provide definitions, examples, and detailed descriptions of required reports to aid agencies in supplying information to the Statewide Program. The manual shall be reviewed biennially before the budget process begins and updated, if needed.

(5) Following the guidelines contained in the State Facilities Planning Process Manual, Agencies shall submit a State Facility Plan through the statewide facilities coordinator if it meets one or more of the following criteria:

(a) The agency owns buildings or plans to build or buy a building of 10,000 or more square feet;

(b) The agency plans a major re-organization;

(c) The agency proposes to enter into a lease of 10,000 or more square feet of conditioned space for a period of ten years or more;

(d) The agency proposes to request a budget to construct a major capital project;

(e) The agency plans to seek a legislative or Emergency Board approval for a major construction or acquisition project;

(f) The agency plans to seek planning funds for a major construction or acquisition project for which the total cost will be $500,000 or more.

(6) To best coordinate and distribute the facilities data, the Statewide Program shall maintain a State Facility Inventory. The inventory shall be a database of state agency facilities covered under this rule and valued over $1 million, which shall be updated biennially by agencies. The inventory shall include basic information on these buildings, such as the age, roof replacement schedule, deferred maintenance plan, etc. The data shall be used to make effective decisions on capital projects, space needs, and maintenance of the buildings.

Stat. Auth.: ORS 276.227
Stats. Implemented:
Hist.: DAS 1-2004(Temp), f. & cert. ef. 3-5-04 thru 9-1-04; DAS 3-2004, f. 7-15-04, cert. ef. 9-1-04; DAS 3-2006, f. & cert. ef. 3-15-06; DAS 3-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08; DAS 4-2008, f. & cert. ef. 6-17-08

125-125-0200

Capital Projects Advisory Board

(1) CPAB shall assist the Department in the review of agency plans. It shall be comprised of seven members. Five members shall be public members knowledgeable about construction, facilities management, and maintenance issues. One member shall be from the City of Salem Community Development Department and one member from the City of Salem Public Works Department. The Director shall appoint the chairperson of the Board.

(2) The term of each member of the Board is determined by the Director.

(3) The Board shall meet monthly or at times deemed advisable by the majority of its members. In addition, the Director may call the Board to meet for the purpose of considering agency reports.

(4) The Board members shall serve without compensation from the Department for travel or per diem.

(5) The Board is advisory to the Director of the Department and is not a governing body of a public body under ORS 192.610. Meetings of the Board shall be treated as public meetings and shall generally follow the notification and other procedures described in the Attorney General's Public Records and Meetings Manual. The Department shall send notice of upcoming meetings to an established and iterative mailing list of interested parties, using electronic methods, where practical. The Department shall also provide information regarding meetings on the Department's website.

(6) The Board shall provide a place on the agenda for public comment. Public comment should be limited to the review process criteria listed in ORS 276.227(3)(d). The Board will accept public comment only on the review items listed on the meeting agenda. The Board shall acknowledge any public comment and include it in the formal review record.

(7) The Board will not make a recommendation on a plan or other document reviewed without a majority of its members present. If a duly scheduled and noticed meeting does not have a majority of the members present, those present will be considered to be a subcommittee of the Board. The subcommittee will report to the next scheduled Board meeting when a majority is present, and formal action may be taken at that time.

Stat. Auth.: ORS 276.227
Stats. Implemented:
Hist.: DAS 1-2004(Temp), f. & cert. ef. 3-5-04 thru 9-1-04; DAS 3-2004, f. 7-15-04, cert. ef. 9-1-04; DAS 3-2006, f. & cert. ef. 3-15-06

125-125-0250

Procedure for Submitting Reports for Review

(1) Each state agency shall report to the Board by July 31 of even-numbered years long-range facility plans and funding strategies that reflect changes in technology and priorities. The reports shall include a Space Needs Plan (including the Biennial Leasing Plan), a Construction or Lease Project Plan, and a Building Maintenance Needs Plan, if applicable.

(2) The Board shall review the information submitted and presented under section (1) of this rule and make recommendations to the Director by September 1 of even-number years related to long-range plans, the condition of facilities, maintenance schedules, funding strategies and options for new facilities.

(3) The statewide facilities coordinator shall request updated plans from agencies biennially and establish a submittal schedule. This schedule shall include the report due dates and presentation date for each agency to appear before the Board.

(4) The Agency shall provide one electronic copy to the statewide facilities coordinator no later than the due date stated for the agency on the CPAB Reporting schedule.

(5) If an Agency has project(s) that require review under OAR 125-125-0350 Salem Area Project Review, then a supplemental listing and description of those projects should be prepared and submitted with the other required materials.

(6) The statewide facilities coordinator will provide a substantive analysis of the plans, including review for completeness and responsiveness to issues and provide the information to the Board. The coordinator may return a list of questions to the agency or recommended changes.

Stat. Auth.: ORS 276.227
Stats. Implemented:
Hist.: DAS 1-2004(Temp), f. & cert. ef. 3-5-04 thru 9-1-04; DAS 3-2004, f. 7-15-04, cert. ef. 9-1-04; DAS 3-2006, f. & cert. ef. 3-15-06; DAS 3-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08; DAS 4-2008, f. & cert. ef. 6-17-08

125-125-0300

Procedure for Board Review

(1) Following review of the information by the Department, the agency shall present its plans before the Board, for the purpose of determining if the projects are compatible with the criteria established in the State Facilities Planning Process Manual. The Board may pose further questions to the agency or determine if additional action is required and postpone acceptance or comment on the plans.

(2) In order to grant acceptance or favorable comment on the plans, the Board must find the project is compatible with the criteria listed in the State Facilities Planning Process Manual and the Budget Instructions.

(3) No agency subject to this rule shall seek Legislative or Emergency Board approval of projects meeting the criteria of 125-125-0150 without first having obtained review of the project by the Board.

(4) The Board shall accept the report after consideration of agency submissions, testimony, and public testimony, if any. Their comments shall be kept in the formal meeting minutes and provided to the Director and budget analysts for inclusion in the agency's budget package

Stat. Auth.: ORS 276.227
Stats. Implemented:
Hist.: DAS 1-2004(Temp), f. & cert. ef. 3-5-04 thru 9-1-04; DAS 3-2004, f. 7-15-04, cert. ef. 9-1-04; DAS 3-2006, f. & cert. ef. 3-15-06; DAS 3-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08; DAS 4-2008, f. & cert. ef. 6-17-08

125-125-0350

Salem Area Project Review

(1) The Department shall conduct a special review process for projects on state-owned property, located within the boundaries of the city of Salem.

(2) This review process applies to any state officer, board, commission or department authorized by law to engage in capital construction or improvement projects in the areas described by ORS 276.028.

(3) The Department shall use the Board to assist with this review for major projects or those requiring public input. Reviews will be based upon the development standards and policies contained in the Area Plans previously developed by the Capitol Planning Commission or as modified by the Department after review by the Board.

(4) Area Plans cover the following state properties: Capitol Mall Area; Airport Road Area; Hillcrest Area; Southeast Salem Area (formerly known as Oregon State Corrections Area); State Fair and Exposition Center Area; Oregon State Hospital and Penitentiary Properties Area; Oregon School for the Blind Area; and, Oregon School for the Deaf Area.

(5) For the purposes of the review required under this section, project means expenditures for capital construction or for capital improvement. A project does not include the following:

(a) Interior remodeling that does not substantially change the existing use of space to another use (e.g., office space, or space used by the public);

(b) Repair or maintenance that does not substantially change the existing use of space, that does not add additional square footage to a building, and that does not change exterior building design;

(c) Individual plantings within an established landscape plan that do not alter the overall plan concept.

(6) A minor improvement to the building or grounds means an improvement that does not fall within the exceptions under OAR 125-125-0350 and impacts the appearance of the building grounds or exterior.

(7) A major improvement to the building or grounds, addition, or new construction means a total rework of the building exterior or landscaping, an addition to the building, or construction of a new building.

(8) No state agency may expend funds for any project subject to the requirements of this section unless the project has been reviewed and approved through the described review process. An agency is not precluded by this rule from collecting management data for the preparation of a project proposal.

(9) An agency seeking project review will submit a written request to the Statewide Facilities Program not less than 21 days before the next scheduled meeting of the Board. The Department shall provide a standard form for agencies to use to request project review. The Department may waive the notification period for good cause. The requesting agency shall provide 10 copies of materials submitted.

(10) Projects for minor improvements to the building or grounds shall include:

(a) A completed project application form;

(b) A written description of the project;

(c) Site, architectural, and landscaping plans (if applicable) for the project;

(d) Sufficient information to demonstrate compliance with the applicable Area Plan; and

(e) Sufficient information to demonstrate compliance with local zoning and other applicable standards.

(11) Projects for major improvements to buildings or grounds, additions, or new construction shall include an initial submittal including:

(a) A completed project application form;

(b) A written description of the project;

(c) Preliminary site, architectural, and landscaping plans (if applicable) for the project;

(d) A description of the process planned to be used to ensure compliance with the Area Plan and local zoning and other applicable standards; and

(e) A description of any planned meetings with neighborhood groups or other interested members of the public.

(12) Once the design of the major project is completed, the state agency shall make a final project submittal, which shall include:

(a) Site, architectural, and landscaping plans (if applicable) at a design development stage or later;

(b) Sufficient information to demonstrate compliance with the applicable Area Plan;

(c) Sufficient information to demonstrate compliance with local zoning and other applicable standards; and

(d) A record of meetings with neighborhood groups or other interested members of the public.

(13) For new construction projects, facility siting review will be required before starting design and making the required submittals under OAR 125-125-0350(11). For siting review, the following shall be provided:

(a) A completed site need and description form;

(b) A written description of the proposed improvements that will be constructed;

(c) A vicinity map showing the proposed site and its proximity to major streets and surrounding functions;

(d) A topographic map of the proposed site indicating the boundaries for proposed improvements, prominent features, surrounding buildings, and other related information to provide a context for the project;

(e) Preliminary information about whether sewer, water, streets, and other infrastructure is available to service the proposed use;

(f) A preliminary assessment of any wetland, flood plain, environmental, or archeological issues on the site and whether development would likely impact them;

(g) Sufficient information to demonstrate compliance with local zoning, comprehensive plan, and other related land use standards.

(h) If the proposed site is on state-owned property, sufficient information to demonstrate that the proposed use is in compliance with the applicable Area Plan; and

(i) If the proposed site is to be acquired, an assessment of what state-owned properties were considered and why none were acceptable, plus information required by the Facility Siting Policy 125-6-115.

(14) If the project is within the areas included in the Capitol Mall Area Plan, the required submittals shall also include the conclusions from the Capitol Mall Project Review Committee according to the requirements of OAR 125-125-0450.

(15) The Board shall review the material submitted by the agency and acknowledge if the applicable requirements were met. The Board shall also provide an opportunity for interested members of the public to comment about the project's compliance with the Area Plan. The Board will then pass the record of the project review to the agency and the Director.

Stat. Auth.: ORS 276.227
Stats. Implemented:
Hist.: DAS 1-2004(Temp), f. & cert. ef. 3-5-04 thru 9-1-04; DAS 3-2004, f. 7-15-04, cert. ef. 9-1-04; DAS 3-2006, f. & cert. ef. 3-15-06; DAS 3-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08; DAS 4-2008, f. & cert. ef. 6-17-08

125-125-0400

Area Plan Update Responsibilities

(1) Each agency owning property in the Salem area shall be responsible for helping maintain an Area Plan for property it owns.

(2) The Department shall develop a standard template for Area Plans, which shall structure any modifications to existing plans and include content areas specified under OAR 110-010-0034. The Department shall also develop and maintain a coordination plan that addresses the interrelationship among the different Area Plans and the state's presence in the City of Salem.

(3) The Department shall develop and maintain a review schedule for the Area Plans and a process for coordinating any required changes with the affected agencies and the City of Salem. If outside assistance is required to update the plan, it shall be at the expense of the property owning agency or agencies.

(4) The review schedule shall result in each Area Plan being reviewed before the Board at least once every five years and updated as may be required. At the time of the review, the Board shall provide an opportunity for public comment on any proposed revisions to the plan.

Stat. Auth.: ORS 276.227
Stats. Implemented:
Hist.: DAS 1-2004(Temp), f. & cert. ef. 3-5-04 thru 9-1-04; DAS 3-2004, f. 7-15-04, cert. ef. 9-1-04; DAS 3-2006, f. & cert. ef. 3-15-06; DAS 3-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08; DAS 4-2008, f. & cert. ef. 6-17-08

125-125-0450

Capitol Mall Area Project Review

(1) The Department shall investigate, review and make recommendations on all proposals of state agencies to add to, reduce or otherwise change a building or grounds in the areas described in ORS 276.028.

(2) The Department shall create and maintain a special Capitol Mall Project Review Committee to provide an additional level of design review for Capitol Mall projects. The committee will be comprised of the following members: the manager of the Facilities Division Statewide Program; a representative from the Legislative Assembly; a representative from the City of Salem; and a private design practitioner.

(3) This review process applies to any state office, board, commission or department authorized by law to engage in capital construction or improvement projects in the areas described by ORS 276.010.

(4) In addition to the procedures described for Salem Area projects, any projects covered by the Capitol Mall Area Plan shall have these additional requirements:

(a) Before submitting the materials for Salem Area Project Review, the agency shall submit the material to the Capitol Mall Project Review Committee.

(b) The Committee will determine if the proposed project is consistent with the policies and design standards for the Capitol Mall.

(c) The Committee will pass its conclusions to the Board.

(d) For major projects, both the initial submittal and final design submittal will require review by both the Capitol Mall Project Review Committee and the Capital Projects Advisory Board.

Stat. Auth.: ORS 276.227
Stats. Implemented:
Hist.: DAS 1-2004(Temp), f. & cert. ef. 3-5-04 thru 9-1-04; DAS 3-2004, f. 7-15-04, cert. ef. 9-1-04; DAS 3-2006, f. & cert. ef. 3-15-06

125-125-0500

Area Plan Review, Adoption, Amendment, and Repeal Process

(1) The Capital Projects Advisory Board (CPAB) will hold at least one public hearing pursuant to ORS 183.360 to review the draft area plan prior to forwarding its recommendations to the DAS Director.

(a) Public hearing notice will be provided at least 20 days preceding the hearing by placing notice in a local newspaper of general circulation. Additional notice may be provided to known stakeholders and anyone who requests it in writing by whatever method the Department deems necessary or desirable.

(b) A recommendation for approval requires the affirmative vote of not less than a majority of the total membership of the Board.

(c) The Board may recommend approval, conditional approval, or substantial revision. This recommendation will be forwarded to the DAS Director, along with statements from DAS staff and the landowning agencies indicating agreement or disagreement with the area plan and with the CPAB recommendation.

(d) Once the hearing(s) have been completed, the DAS Director will approve, conditionally approve, or deny the area plan. Any conditions of approval should be made an integral part of the area plan prior to its adoption. If the plan is to be approved with a substantial modification not previously considered by the CPAB, the plan must be referred back to the Board for their reconsideration and recommendation.

(2) Adoption. Adoption of an area plan is accomplished by Administrative Rule, following the accepted Permanent Rulemaking Process. Rulemaking hearings regarding area plan adoptions will be held by the CPAB. Adoptions are listed under Oregon Administrative Rules, Chapter 110.

(3) Amendment and Repeal. An area plan is repealed in the same manner that it is amended, by Administrative Rule. Similar to the adoption, the CPAB must hold at least one public hearing prior to taking action.

Stat. Auth.: ORS 276.227
Stats. Implemented:
Hist.: DAS 3-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08; DAS 4-2008, f. & cert. ef. 6-17-08

125-125-0520

Definitions for Development Standards Contained in Area Plans

As used in OAR chapter 110, the following terms have the meanings indicated, unless the context requires otherwise:

(1) "Agency" means any state officer, board, commission or department, or any division thereof, authorized by law to engage in capital construction or improvement projects in the areas described by ORS 276.028.

(2) "Area Plan" means a plan setting policies and standards to guide development of a specific geographical area within the city of Salem.

(3) "CPAB" means the Capital Projects Advisory Board.

(4) "DAS Director" means the Director of the Department of Administrative Services or his/her designee.

(5) "Department" means the Department of Administrative Services.

(6) "Project" means expenditures for capital construction or for capital improvement and adoption or approval of area plans in the area described by ORS 276.028, and within the following limitations:

(a) Capital Construction includes expenditures related to construction or remodeling of physical facilities with a project cost of $500,000 or more;

(b) Capital Improvement includes expenditures related to construction or remodeling of physical facilities with a project cost of more than $5,000, but less than $500,000;

(c) A project does not include:

(A) Interior remodeling that does not substantially change the existing use of space to another use (e.g., office space, or space used by the public);

(B) Repair or maintenance which does not substantially change the existing use of space, which does not add additional square footage to a building, and which does not change exterior building design;

(C) Individual plantings within an established landscape plan that do not alter the overall plan concept.

(7) Notwithstanding the provisions of subsection (6)(c) of this rule, capital improvement or capital construction which includes interior remodeling or repair for the purpose of converting an existing use to a use relating to the housing of Correctional or Forensic Psychiatric Inmates shall be a "project" and shall require DAS Director review and approval.

Stat. Auth.: ORS 183, 197 & 276
Stats. Implemented:
Hist.: CPC 5-1981, f. & ef. 12-1-81; CPC 1-1983, f. & ef. 11-29-83; COC 2-1988, f. & cert. ef. 6-23-88; CPC 1-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08; CPC 3-2008, f. & cert. ef. 6-17-08; Renumbered from 110-010-0030 by DAS 8-2008, f. & cert. ef. 11-4-08

125-125-0522

Development Standards Contained in Area Plans

Development standards applicable to new projects specific to each area plan shall be included in the area plans, while development standards common to all properties subject to area plans shall be included within the Salem Area Coordination Plan. Development standards shall address, but not be limited to:

(1) Setback requirements;

(2) Height, bulk, and lot coverage limitations;

(3) Landscaping requirements; and

(4) Requirements for the protection of the surrounding community environment.

Stat. Auth.: ORS 276.098
Stats. Implemented:
Hist.: CPC 1-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08; CPC 3-2008, f. & cert. ef. 6-17-08; Renumbered from 110-010-0034 by DAS 8-2008, f. & cert. ef. 11-4-08

125-125-0524

Criteria and Authority to Permit Divergence

The CPAB may recommend and the DAS Director may permit a divergence from the provisions contained in the Design Standards contained in the adopted Area Plan if:

(1) The property and proposed improvements are challenged by unusual topographic, environmental, functional, or aesthetic circumstances; or

(2) The proposed alternative achieves the purposes of the Design Standards contained in the Area Plan as well or better than a compliant alternative.

(3) Permitting a divergence will not, under the circumstances of the particular case, create material adverse aesthetic, function, or health and welfare effects on neighboring owners or others coming to or passing by the Property.

(4) Each divergence request shall be considered solely on its own merits; permitting of a divergence in one situation shall not change the Design Standards contained in the Area Plan or compel the DAS Director to permit any further divergence.

Stat. Auth.: ORS 183 & 276
Stats. Implemented:
Hist.: CPC 1-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08; CPC 3-2008, f. & cert. ef. 6-17-08; Renumbered from 110-010-0039 by DAS 8-2008, f. & cert. ef. 11-4-08

125-125-0525

Definitions for Master Plan for Development of the Capitol Mall Area

As used in OAR chapter 110, division 20, the following terms have the meanings indicated, unless the context requires otherwise:

(1) “Building Envelope” means the building space created by the setback and height limitations imposed under OAR 110-020-0015.

(2) “Capitol Mall” means the area consisting of the Formal Mall, the Central Mall, the North Mall, and shall include the area known as the General Services complex, east of 12th Street and the Employment Building Annex.

(3) “Central Mall” means the area bounded by Union Street on the North, Center Street on the South, Winter Street on the West and Capitol Street on the East.

(4) “Formal Mall” means the area bounded by Center Street on the North, Court Street on the South, Winter Street on the West, and Capitol Street on the East, together with the area bounded by Court Street on the North, State Street on the South, Church Street on the West and 12th Street on the East, together with the Commerce Building on the East side of 12th Street.

(5) “North Mall” means the area bounded by D Street on the North, Union Street on the South, Winter Street on the West, and Capitol Street on the East.

(6) “Subsurface Parking” means an enclosed vehicular parking facility located below ground level, provided that the facility may be located above ground level to the extent required by high water table or similar construction problems making a below ground level facility impractical.

Stat. Auth.: ORS 183 & 276
Stats. Implemented:
Hist.: CPC 5-1981, f. & ef. 12-1-81; Renumbered from 110-020-0005 by DAS 8-2008, f. & cert. ef. 11-4-08

125-125-0526

Master Plan for Development of the Capitol Mall Area

The Master Plan for Development of the Capitol Mall Area, 1976, as amended on the effective date of this rule, is hereby adopted by reference.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 183 & 276
Stats. Implemented: ORS 276.034
Hist.: CPC 5-1981, f. & ef. 12-1-81; CPC 1-1986, f. & ef. 1-29-86; CPC 1-1988, f. & cert. ef. 6-10-88; CPC 1-1993, f. & cert. ef. 1-27-93; CPC 1-1997, f. & cert. ef. 2-12-97; Renumbered from 110-020-0010 by DAS 8-2008, f. & cert. ef. 11-4-08

125-125-0527

Standards for Development of the Capitol Mall Area

The following standards for development shall apply to projects in the Capitol Mall area:

(1) Setback requirements for buildings located in the Capitol Mall Area are as follows:

(a) From a Street -- A minimum depth of 20 feet for the Central Mall area. For the Formal Mall and the North Mall areas, setback shall be 20 feet plus one additional for each one foot of height of the building in excess of 35 feet;

(b) From Other Buildings -- As required by the Oregon State Structural Specialty Code and Fire and Life Safety Code;

(c) From the Mill Creek -- The greater of a minimum of 50 feet, or not less than 1.4 times the height of the building measured south from the top of the creek bank to the exterior wall of the building, such that the building shall not cast its shadow on the creek bank at 35° (degree) of noon sun angle.

(2) No building or other structure in the Capitol Mall area shall exceed 70 feet in height, except for the area of the North Mall north of Mill Creek, where no building or other structure shall exceed 35 feet in height. Mechanical penthouses shall not be included in calculating building or structure height if the height (h) of the penthouse, measured from the top of the parapet of the exterior wall of the building or structure to the top of the penthouse, is less than the distance (d) from the parapet to the exterior wall of the penthouse, so that (h) < (d), and if the building or structure height, including penthouse, meets the applicable height requirements under the Salem GI Capitol District Zoning Ordinance or a variance from those height requirements has been granted by the city.

(3) The maximum lot coverages for buildings in the Capitol Mall Area are as follows:

(a) For the Formal Mall, 33 percent of the lot;

(b) For the Central Mall, 50 percent of the lot;

(c) For the North Mall, 45 percent of the lot. Minimum lot size shall be as required by the Salem City Zoning Ordinance for GI Capitol District.

(4) Maximum building envelope utilization for the Capitol Mall area is as follows:

(a) For the Formal Mall, 100 percent;

(b) For the Central Mall, 100 percent;

(c) For the North Mall, 70 percent.

(5) Subsurface parking is required for all new buildings constructed in the Capitol Mall area. Supplemental surface parking may be approved by the Commission for use between phases of construction on a building site. Approval of such supplemental parking shall not be considered approval of permanent surface parking for a site.

(6) Development within the Capitol Mall area shall comply with the following landscaping requirements:

(a) Area to be landscaped shall include all of the designated site not occupied by the building or structure, by surface parking, if approved, and by pedestrian walkways, driveways, service areas and plazas;

(b) A landscaped area shall consist of lawn, trees, and shrubs. Ornamental flower beds may also be provided. All lawn and planting areas shall be provided with automatic lawn irrigation systems.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 183 & 276
Stats. Implemented:
Hist.: CPC 5-1981, f. & ef. 12-1-81; Renumbered from 110-020-0015 by DAS 8-2008, f. & cert. ef. 11-4-08

125-125-0528

Criteria and Authority to Grant Variance

The Commission may grant the degree of variance from the provisions contained in OAR 110-020-0015 imposed on a particular subject property under this rule which is reasonably necessary to permit development of an otherwise lawful use upon the finding that each of the following criteria is met:

(1) There are special conditions applying to the land, buildings, or use referred to in the application, which do not apply generally to land, buildings, or uses in the same area, and which create unreasonable hardships or practical difficulties which can be most effectively relieved by a variance. The purely economic interests of the agency shall not in itself constitute such special conditions. The potential for economic development of the subject property itself may, however, be considered among the factors specified in this section.

(2) Granting a variance will not be unreasonably detrimental to the public welfare or to the property or improvements in the neighborhood of the subject property.

(3) Granting a variance will not, under the circumstances of the particular case, unreasonably affect the health or safety of persons working, residing or visiting in the neighborhood of the subject property.

(4) Granting a variance will be consistent with the Area Plan.

Stat. Auth.: ORS 183 & 276
Stats. Implemented:
Hist.: CPC 1-1985, f. & ef. 1-30-85; Renumbered from 110-020-0020 by DAS 8-2008, f. & cert. ef. 11-4-08

125-125-0530

Airport Road Area Plan

The Airport Road Area Plan, 1985 is hereby adopted by reference.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 183 & 276
Stats. Implemented:
Hist.: CPC 4-1982, f. & ef. 4-6-82; CPC 3-1985, f. & ef. 10-22-85; Renumbered from 110-030-0010 by DAS 8-2008, f. & cert. ef. 11-4-08

125-125-0531

Standards for Development in the Airport Road Area

The following standards for development shall apply to projects in the Airport Road Area:

(1) Setback requirements for buildings located in the Airport Road area are as follows:

(a) From arterial streets -- A minimum of 50 feet;

(b) From on-site access streets -- A minimum of 25 feet;

(c) From side and rear property lines abutting adjacent properties -- A minimum of 20 feet;

(d) From front, side or rear property line abutting open space or parkways -- A minimum of 25 feet;

(e) From other buildings -- As required by the Oregon State Structural Specialty Code and Fire and Life Safety Code.

(2) No building or other structure in the Airport Road Area shall exceed 50 feet in height.

(3) The maximum building coverage in Airport Road Area is 40 percent of the land area not including paved areas for storage or parking of vehicles, equipment and materials.

(4) Development within the Airport Road Area shall be landscaped in a manner protective of the surrounding community environment.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 183 & 276
Stats. Implemented:
Hist.: CPC 4-1982, f. & ef. 4-6-82; CPC 3-1985, f. & ef. 10-22-85; Renumbered from 110-030-0015 by DAS 8-2008, f. & cert. ef. 11-4-08

125-125-0532

Criteria and Authority to Grant Variance

The Commission may grant the degree of variance from the provisions contained in OAR 110-030-0015 imposed on a particular subject property under this rule which is reasonably necessary to permit development of an otherwise lawful use upon the finding that each of the following criteria is met:

(1) There are special conditions applying to the land, buildings, or use referred to in the application, which do not apply generally to land, buildings, or uses in the same area, and which create unreasonable hardships or practical difficulties which can be most effectively relieved by a variance. The purely economic interests of the agency shall not in itself constitute such special conditions. The potential for economic development of the subject property itself may, however, be considered among the factors specified in this section.

(2) Granting a variance will not be unreasonably detrimental to the public welfare or to the property or improvements in the neighborhood of the subject property.

(3) Granting a variance will not, under the circumstances of the particular case, unreasonably affect the health or safety of persons working, residing or visiting in the neighborhood of the subject property.

(4) Granting a variance will be consistent with the Area Plan.

Stat. Auth.: ORS 183 & 276
Stats. Implemented:
Hist.: CPC 1-1985, f. & ef. 1-30-85; Renumbered from 110-030-0020 by DAS 8-2008, f. & cert. ef. 11-4-08

125-125-0535

Southeast Salem Area Plan

The Southeast Salem Area Plan, 2008 is hereby adopted by reference. This Area Plan replaces the Oregon State Corrections Area Plan, 1985.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 183 & 276
Stats. Implemented:
Hist.: CPC 2-1985, f. & ef. 5-13-85; CPC 2-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08; CPC 4-2008, f. & cert. ef. 6-17-08; Renumbered from 110-040-0012 by DAS 8-2008, f. & cert. ef. 11-4-08

125-125-0540

Hillcrest Area Plan

The Hillcrest Area Plan, 2008, is hereby adopted by reference. This Area Plan replaces the Fairview/Hillcrest Area Plan, 1985.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 183 & 276
Stats. Implemented:
Hist.: CPC 2-1985, f. & ef. 5-13-85; CPC 2-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08; CPC 4-2008, f. & cert. ef. 6-17-08; Renumbered from 110-040-0014 by DAS 8-2008, f. & cert. ef. 11-4-08; DAS 6-2009, f. & cert. ef. 5-11-09

125-125-0545

MacLaren School Area Plan

The MacLaren School Area Plan, 1984 is hereby adopted by reference.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 183 & 276
Stats. Implemented:
Hist.: CPC 4-1982, f. & ef. 4-6-82; CPC 2-1984, f. & ef. 4-2-84; Renumbered from 110-050-0010 by DAS 8-2008, f. & cert. ef. 11-4-08

125-125-0546

Standards for Development in the MacLaren School Area

The following standards for development shall apply to projects in the MacLaren School Area:

(1) Set back requirements for buildings located in MacLaren School Area are as follows:

(a) From a street -- A minimum of 20 feet;

(b) From other buildings -- As required by the Oregon State Structural Specialty Code and Fire and Life Safety Code.

(2) No building or other structure in the MacLaren School Area shall exceed 35 feet in height.

(3) The maximum building coverage in the MacLaren School Area is 50 percent of the land area.

(4) Development within the MacLaren School Area shall be landscaped in a manner protective of the surrounding community environment.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 183 & 276
Stats. Implemented:
Hist.: CPC 4-1982, f. & ef. 4-6-82; Renumbered from 110-050-0015 by DAS 8-2008, f. & cert. ef. 11-4-08

125-125-0547

Criteria and Authority to Grant Variance

The Commission may grant the degree of variance from the provisions contained in OAR 110-050-0015 imposed on a particular subject property under this rule which is reasonably necessary to permit development of an otherwise lawful use upon the finding that each of the following criteria is met:

(1) There are special conditions applying to the land, buildings, or use referred to in the application, which do not apply generally to land, buildings, or uses in the same area, and which create unreasonable hardships or practical difficulties which can be most effectively relieved by a variance. The purely economic interests of the agency shall not in itself constitute such special conditions. The potential for economic development of the subject property itself may, however, be considered among the factors specified in this section.

(2) Granting a variance will not be unreasonably detrimental to the public welfare or to the property or improvements in the neighborhood of the subject property.

(3) Granting a variance will not, under the circumstances of the particular case, unreasonably affect the health or safety of persons working, residing or visiting in the neighborhood of the subject property.

(4) Granting a variance will be consistent with the Area Plan.

Stat. Auth.: ORS 183 & 276
Stats. Implemented:
Hist.: CPC 1-1985, f. & ef. 1-30-85; Renumbered from 110-050-0020 by DAS 8-2008, f. & cert. ef. 11-4-08

125-125-0550

Oregon State Fair and Exposition Center Master Plan

The Oregon State Fair and Exposition Center Area Plan, 2003, is hereby adopted by reference.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 183.341 & 276.028 - 276.043
Stats. Implemented: ORS 276.034(1)
Hist.: CPC 1-1982(Temp), f. & ef. 1-5-82; CPC 4-1982, f. & ef. 4-6-82; CPC 1-2003(Temp), f. & cert. ef. 3-19-03 thru 9-14-03; CPC 2-2003, f. & cert. ef. 5-22-03; Renumbered from 110-060-0010 by DAS 8-2008, f. & cert. ef. 11-4-08

125-125-0551

Standards for Development in the Oregon State Fair and Exposition Center Area

The following standards for development shall apply to projects in the Oregon State Fair and Exposition Center Area:

(1) Set back requirements for buildings located in the Oregon State Fair and Exposition Center Area are as follows:

(a) From a street -- A minimum depth of 20 feet;

(b) From other buildings -- As required by the Oregon Structural Specialty Code and Fire and Life Safety Code.

(2) No building or other structure in the Oregon State Fair and Exposition Center Area shall exceed 70 feet in height.

(3) The maximum building coverage in the Oregon State Fair and Exposition Center area is 50 percent of the land area.

(4) Development within the Oregon State Fair and Exposition Center Area shall be landscaped in a manner protective of the surrounding community environment.

(5) Consistency with the Oregon State Fair and Exposition Center Area Plan 2003.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 183.341 & 276.028 - 276.043
Stats. Implemented: ORS 276.034(1)
Hist.: CPC 1-1982(Temp), f. & ef. 1-5-82; CPC 4-1982, f. & ef. 4-6-82; CPC 1-2003(Temp), f. & cert. ef. 3-19-03 thru 9-14-03; CPC 2-2003, f. & cert. ef. 5-22-03; Renumbered from 110-060-0015 by DAS 8-2008, f. & cert. ef. 11-4-08

125-125-0552

Criteria and Authority to Grant Variance

The Commission may grant the degree of variance from the provisions contained in OAR 110-060-0015 imposed on a particular subject property under this rule which is reasonably necessary to permit development of an otherwise lawful use upon the finding that each of the following criteria is met:

(1) There are special conditions applying to the land, buildings, or use referred to in the application, which do not apply generally to land, buildings, or uses in the same area, and which create unreasonable hardships or practical difficulties which can be most effectively relieved by a variance. The purely economic interests of the agency shall not in itself constitute such special conditions. The potential for economic development of the subject property itself may, however, be considered among the factors specified in this section.

(2) Granting a variance will not be unreasonably detrimental to the public welfare or to the property or improvements in the neighborhood of the subject property.

(3) Granting a variance will not, under the circumstances of the particular case, unreasonably affect the health or safety of persons working, residing or visiting in the neighborhood of the subject property.

(4) Granting a variance will be consistent with the Area Plan.

Stat. Auth.: ORS 183 & 276
Stats. Implemented:
Hist.: CPC 1-1985, f. & ef. 1-30-85; Renumbered from 110-060-0020 by DAS 8-2008, f. & cert. ef. 11-4-08

125-125-0555

Oregon State Hospital and Penitentiary Properties Area Plan

The Oregon State Hospital and Penitentiary Properties Area Plan, June 2008 is hereby adopted by reference. This Area Plan replaces the Oregon State Hospital and Penitentiary Properties Land Use Plan, 1976, as amended 1983.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 183 & 276
Stats. Implemented:
Hist.: CPC 4-1982, f. & ef. 4-6-82; CPC 1-1983, f. & ef. 11-29-83; CPC 1-1986, f. & ef. 1-29-86; CPC 5-2008(Temp), f. & cert. ef. 7-17-08 thru 12-31-08; CPC 6-2008, f. 10-9-08, cert. ef. 10-11-08; Renumbered from 110-070-0010 by DAS 8-2008, f. & cert. ef. 11-4-08

125-125-0560

Oregon State School for the Blind Area Plan

The Oregon State School for the Blind Area Plan, 1984, is hereby adopted by reference.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 183 & 276
Stats. Implemented:
Hist.: CPC 4-1982, f. & ef. 4-6-82; CPC 3-1984, f. & ef. 10-3-84; Renumbered from 110-080-0010 by DAS 8-2008, f. & cert. ef. 11-4-08

125-125-0561

Standards for Development in the Oregon State School for the Blind Area

The following standards for development shall apply to projects in the Oregon State School for the Blind Area:

(1) Set back requirements for buildings located in the Oregon State School for the Blind Area are as follows:

(a) From a street -- A minimum of 20 feet, plus one additional foot for each one foot of height of building in excess of 35 feet;

(b) From other buildings -- As required by the Oregon State Structural Specialty Code and Fire and Life Safety Code.

(2) No building or other structure in the Oregon State School for the Blind Area shall exceed 70 feet in height;

(3) The maximum building coverage in the Oregon State School for the Blind Area is 50 percent of the land area. (Review for compliance with the City of Salem Ordinances.);

(4) Development within the Oregon State School for the Blind Area shall be landscaped in a manner protective of the surrounding community environment.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 183 & 276
Stats. Implemented:
Hist.: CPC 4-1982, f. & ef. 4-6-82; Renumbered from 110-080-0015 by DAS 8-2008, f. & cert. ef. 11-4-08

125-125-0562

Criteria and Authority to Grant Variance

The Commission may grant the degree of variance from the provisions contained in OAR 110-080-0015 imposed on a particular subject property under this rule which is reasonably necessary to permit development of an otherwise lawful use upon the finding that each of the following criteria is met:

(1) There are special conditions applying to the land, buildings, or use referred to in the application, which do not apply generally to land, buildings, or uses in the same area, and which create unreasonable hardships or practical difficulties which can be most effectively relieved by a variance. The purely economic interests of the agency shall not in itself constitute such special conditions. The potential for economic development of the subject property itself may, however, be considered among the factors specified in this section.

(2) Granting a variance will not be unreasonably detrimental to the public welfare or to the property or improvements in the neighborhood of the subject property.

(3) Granting a variance will not, under the circumstances of the particular case, unreasonably affect the health or safety of persons working, residing or visiting in the neighborhood of the subject property.

(4) Granting a variance will be consistent with the Area Plan.

Stat. Auth.: ORS 183 & 276
Stats. Implemented:
Hist.: CPC 1-1985, f. & ef. 1-30-85; Renumbered from 110-080-0020 by DAS 8-2008, f. & cert. ef. 11-4-08

125-125-0565

Oregon State School for the Deaf Area Plan

The Oregon State School for the Deaf Area Plan, 1984 is hereby adopted by reference.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 183 & 276
Stats. Implemented:
Hist.: CPC 4-1982, f. & ef. 4-6-82; CPC 1-1984, f. & ef. 4-2-84; Renumbered from 110-090-0010 by DAS 8-2008, f. & cert. ef. 11-4-08

125-125-0566

Standards for Development in the Oregon State School for the Deaf Area

The following standards for development shall apply to projects in the Oregon State School for the Deaf Area:

(1) Set back requirements for buildings located in the Oregon State School for the Deaf Area are as follows:

(a) From a street -- A minimum depth of 20 feet, plus one additional foot for each one foot of height of the building in excess of 35 feet;

(b) From other buildings -- As required by the Oregon State Structural Specialty Code and Fire and Life Safety Code.

(2) No building or other structure in the Oregon State School for the Deaf Area shall exceed 70 feet in height.

(3) The maximum building coverage in the Oregon State School for the Deaf Area is 50 percent of the land area. (Review for compliance with the City of Salem Ordinances.)

(4) Development within the Oregon State School for the Deaf Area shall be landscaped in a manner protective of the surrounding community environment.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 183 & 276
Stats. Implemented:
Hist.: CPC 4-1982, f. & ef. 4-6-82; Renumbered from 110-090-0015 by DAS 8-2008, f. & cert. ef. 11-4-08

125-125-0567

Criteria and Authority to Grant Variance

The Commission may grant the degree of variance from the provisions contained in OAR 110-090-0015 imposed on a particular subject property under this rule which is reasonably necessary to permit development of an otherwise lawful use upon the finding that each of the following criteria is met:

(1) There are special conditions applying to the land, buildings, or use referred to in the application, which do not apply generally to land, buildings, or uses in the same area, and which create unreasonable hardships or practical difficulties which can be most effectively relieved by a variance. The purely economic interests of the agency shall not in itself constitute such special conditions. The potential for economic development of the subject property itself may, however, be considered among the factors specified in this section.

(2) Granting a variance will not be unreasonably detrimental to the public welfare or to the property or improvements in the neighborhood of the subject property.

(3) Granting a variance will not, under the circumstances of the particular case, unreasonably affect the health or safety of persons working, residing or visiting in the neighborhood of the subject property.

(4) Granting a variance will be consistent with the Area Plan.

Stat. Auth.: ORS 183 & 276
Stats. Implemented:
Hist.: CPC 1-1985, f. & ef. 1-30-85; Renumbered from 110-090-0020 by DAS 8-2008, f. & cert. ef. 11-4-08

125-125-0600

Copies of Records

(1) Copies of tape recordings of CPAB proceedings, when available, may be purchased at a cost of $10 per tape cassette. The person or agency requesting copies must identify the date of the proceeding. Copies will be available only for the entire proceeding; copies of specified portions of proceedings will not be available for purchase.

(2) Copies of printed records reproduced by the CPAB, when available, may be purchased at a cost of ten cents per page/side for the first five pages/sides and four cents per page/side for additional pages/sides. Copies of records larger than 8-1/2” x 14”, when available, may be purchased at the actual cost incurred by the Department in making such copies available.

Stat. Auth.: ORS 183, 276
Stats. Implemented:
Hist.: DAS 3-2008(Temp), f. & cert. ef. 4-15-08 thru 10-12-08; DAS 4-2008, f. & cert. ef. 6-17-08

125-125-0700

Adoption of the DAS-Salem Coordination Plan

The DAS-Salem Coordination Plan Development and Management Policies September 19, 2008 is hereby adopted by reference.

[Publications: Publications referenced are available from the agency.]

Stat. Auth: ORS 183 & 276
Stat. Implemented:
Hist.: DAS 4-2009, f. & cert. ef. 1-26-09

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