Clutch Industries / Herron Crossing LLC PRIVILEGED — INTERNAL ANALYSIS DOCUMENT Case No. CPC-ZC23-02
Conditions of Approval — Full Analysis

Can We Partition?

A condition-by-condition review of the Final Planning Commission Decision
5465 Turner Rd SE, Salem OR 97317
082W17 / 400 — 390.5 Acres
March 5, 2024 (Effective March 26, 2024)
CPC-ZC23-02 Final Land Use Decision

Partitioning Is Not Blocked By Any of the 8 Conditions

No condition in the Final Decision requires utility installation, development permits, or ground disturbance as a prerequisite to partitioning. Condition 6 explicitly permits land divisions.

Summary of All 8 Conditions
Condition Subject Trigger Blocks Partition?
Condition 1 SHPO Archaeological Consultation Prior to ground disturbing activity ✓ No
Condition 2 Flood Certification by PE Prior to development permits ✓ No
Condition 3 Wetland Delineation / DSL Concurrence Prior to development permits ✓ No
Condition 4 Riparian Area Establishment Prior to development permits ✓ No
Condition 5 Public Access Easement / Trail At time of future development ✓ No
Condition 6 Riparian Area Development Restrictions Development activity in Riparian Area ✓ No — Explicitly Permitted
Condition 7 Tree Removal Permit in Riparian Area Tree / vegetation removal ✓ No
Condition 8 Trip Cap — 18,820 Daily / 1,890 PM Peak Development generating vehicle trips ✓ No

Detailed Review
Condition-by-Condition Analysis
Condition 1
Archaeological / SHPO Consultation
✓ Does Not Block Partition
"Prior to ground disturbing activity, the applicant shall provide evidence of completed consultation with the Oregon SHPO and the Tribes and demonstrate compliance with SRC 230.105, Preservation of Archaeological Resources."
⚡ Trigger: Ground Disturbing Activity
Partition Verdict

Partitioning draws new lot lines on paper and does not disturb the ground. This condition is not triggered by a partition application. However, no physical work — grading, clearing, construction — can begin on any of the 15 parcels until SHPO consultation is complete.

⚐ Recommendation: Complete SHPO consultation site-wide across all 390 acres now. One consultation clears all 15 future parcels simultaneously rather than requiring 15 separate clearances later.
Condition 2
Flood Certification by Registered PE
✓ Does Not Block Partition
"Prior to issuance of any development permits, provide a certification by a registered professional civil engineer demonstrating through hydrologic and hydraulic analysis, that the proposed development shall not result in any increase in flood levels within the community during the occurrence of the base flood discharge or one-percent annual chance flood, pursuant to SRC Chapter 601."
⚡ Trigger: Development Permits
Partition Verdict

Partition plats are not development permits. This condition is triggered when building permits, grading permits, or site development permits are applied for. Partition approval does not require a PE flood certification.

⚐ Recommendation: Commission a single site-wide flood analysis covering all 15 parcels and the Mill Creek FEMA AE floodway. This gives buyers certainty and avoids 15 separate engineering studies.
Condition 3
Wetland Delineation / DSL Concurrence
✓ Does Not Block Partition
"A wetland delineation with Oregon Department of State Lands (DSL) concurrence shall be submitted to the City prior to issuance of any development permits."
⚡ Trigger: Development Permits
Partition Verdict

Not triggered by partition. However this is a critical strategic point: wetland boundaries directly affect the buildable area and therefore the value of each parcel. Wetlands mapped on this property may be more extensive than shown on the Salem-Keizer Local Wetland Inventory.

⚐ Recommendation: Complete the wetland delineation BEFORE finalizing partition lot line locations. Wetland areas on a parcel significantly affect value. Do not draw lot lines that inadvertently place wetlands in unfavorable locations.
Condition 4
Riparian Area Establishment
✓ Does Not Block Partition
"Prior to issuance of any development permits, the applicant shall establish and identify a Riparian Area of 120-feet from the top of bank within the IG and IC zones and 50-feet from the top of bank for the remainder of the property."
⚡ Trigger: Development Permits
Partition Verdict

Not triggered by partition. However the riparian setback lines are essential to understanding net buildable area on every parcel touching Mill Creek. The 120-foot setback in IC and IG zones is substantial — on the 18.42-acre IG zone, this setback could consume a significant portion of each parcel.

⚐ Recommendation: Have a licensed surveyor establish the top-of-bank line and map the 50-foot and 120-foot setback envelopes across all zones before drawing partition lot lines. This is critical to maximizing the buildable value of each parcel.
Condition 5
Public Access Easement / Shared Use Path
✓ Does Not Block Partition
"Pursuant to SRC 800.065(a)(4), at the time of future development, dedicate or create a public access easement, along the alignment of the planned shared use path shown in the Park System Master Plan. Any private construction of trails and paths shall be consistent with the Park System Master Plan."
⚡ Trigger: At Time of Future Development
Partition Verdict

Not triggered by partition. Triggered at time of development of each parcel. However the shared use path alignment from the Park System Master Plan will cross one or more of your 15 parcels, and the easement dedication will affect those parcels' net usable area.

⚐ Recommendation: Review the Salem Park System Master Plan to identify exactly which of the 15 parcels the shared use path alignment crosses, and factor the easement corridor into those partition lot line configurations.

Condition 6 — The Most Important Condition for Partitioning

Condition 6 restricts development activity within the Riparian Area established in Condition 4. However, it contains an explicit list of permitted exceptions. Land divisions and reconfigurations are expressly listed as a permitted activity — even within the most restricted riparian corridor. This is the strongest affirmative confirmation in the entire decision that partitioning is allowed.

Condition 7
Tree Removal Permit in Riparian Area
✓ Does Not Block Partition
"Removal of trees and native vegetation is prohibited within the established Riparian Area along Mill Creek, established by Condition 4, without an approved Tree Removal Permit under SRC 808."
⚡ Trigger: Tree / Vegetation Removal in Riparian Area
Partition Verdict

Partitioning does not remove any trees or vegetation. This condition is entirely silent on partition plats. It activates only when physical removal of trees or native vegetation is proposed within the riparian setback area.

⚐ Note for Future Buyers: Any parcel buyer whose land touches the riparian corridor must obtain a Tree Removal Permit under SRC 808 before any clearing, grading, or trail construction within the setback area. Disclose this in all sale documents.
Condition 8
Site-Wide Trip Cap
✓ Does Not Block Partition
"The transportation impacts from the 390.5-acre site shall be limited to a maximum cumulative total of 1,890 PM peak hour and/or 18,820 daily trips."
⚡ Trigger: Development Generating Vehicle Trips — Entire Site Collectively
Partition Verdict

Partitioning generates zero vehicle trips. However this is your most critical long-term management obligation. The cap applies to the entire 390.5 acres collectively regardless of how many parcels it is divided into. As parcels are sold, each buyer's development must be tracked against the shared cap.

⚐ Critical Recommendation: Before recording partition plats, draft and record a Trip Allocation Agreement that assigns a proportional share of the 18,820 daily trip cap to each of the 15 parcels. Record it as a covenant running with the land on all parcels. This protects you from liability and gives buyers the certainty they need.

⚠ Critical Caveat — SUB-UGA23-07

This analysis covers only the 8 conditions in the CPC-ZC23-02 Final Land Use Decision. This is not the only document governing this property. The five-lot subdivision approval SUB-UGA23-07 is referenced multiple times in the Final Decision as governing infrastructure requirements, including:

The subdivision conditions are not reproduced in these documents and have not been reviewed. Before filing any partition application, the complete SUB-UGA23-07 conditions of approval must be pulled from the City of Salem permit portal at permits.cityofsalem.net and reviewed by your land use counsel.

The current status of the five-lot final plat recording also matters. Partition applications can only be filed against legally recorded parcels. Confirm final plat recording at Marion County before proceeding.

Action Plan
Recommended Next Steps
01

Confirm Final Plat Recording

Verify that SUB-UGA23-07 has recorded at Marion County this month. Pull the recorded plat to confirm exact lot configurations across the four zones.

02

Pull SUB-UGA23-07 Conditions

Retrieve the complete subdivision conditions from permits.cityofsalem.net and have Britany Randall at Brand Land Use review for any anti-partition or infrastructure-first language.

03

Get Current Title Reports

Order title reports on all 5 lots immediately after final plat records. Identify all recorded easements, encumbrances, and restrictions before drawing partition lot lines.

04

Map Riparian & Wetland Areas

Retain a surveyor and wetland biologist to map the top-of-bank, 50-foot and 120-foot setback envelopes, and wetland boundaries before finalizing partition lot line locations.

05

Initiate SHPO Consultation

Begin site-wide archaeological consultation with Oregon SHPO and Tribes now. Complete it once for all 390 acres to clear Condition 1 across all 15 future parcels simultaneously.

06

Draft Trip Allocation Agreement

Before recording partition plats, prepare a Trip Allocation Agreement assigning each parcel a proportional share of the 18,820 daily trip cap. Record as a covenant on all 15 parcels.