Or. Admin. Code § 125-125-0350

Current through Register Vol. 63, No. 12, December 1, 2024

Section 125-125-0350 - Capitol Area Project Review

(1) The Department shall implement a special review process for projects on state-owned property, located within the boundaries described by ORS 276.054.

(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 276.054.

(3) The Department shall provide project submission requirements and review criteria in the Statewide Facilities Planning Process Manual. Reviews will be based upon, but not limited to, the development standards and policies contained in the Area Plans adopted by the Commission.

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

(5) For the purposes of the review required under this rule, a project means expenditures for capital construction valued at $1,000,000 or greater. 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 this section and impacts the appearance of the building grounds or exterior.

(a) Public art, memorials, or similar installations located on building grounds;

(b) Architectural screening of building accessories or equipment;

(c) Permanent, large-scale signage, or similar appurtenances, requiring structural support not associated with the building facade.

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

(8) In accordance with ORS 276.059(1), agencies may not request, receive or expend funds for any project subject to the requirements of this section unless the project has been reviewed and approved through the review process described in this rule. An agency is not precluded by this rule from expending funds for the preparation of a project proposal. The Department may waive this review requirement for good cause.

(9) An agency seeking project review must provide written notification (via email) to the Department not less than 21 days before the next scheduled Commission meeting. 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.

(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 a preliminary review 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, local zoning, and other applicable standards, including existing or potential state or federal historic preservation designations; and

(e) A description of any planned meetings with neighborhood groups, government entities, tribal organizations, 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;

(d) Sufficient information to demonstrate compliance with state and federal historic preservation designation, if applicable;

(e) A record of meetings with neighborhood groups, government entities, tribal organizations, 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 and relationship to major streets and surrounding uses;

(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 complies 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) The Department shall review the material submitted by the agency and acknowledge if the applicable requirements are met. The Department will prepare a report of findings to the Commission one week prior to the scheduled meeting.

(15) The Commission shall review submitted application materials and provide a written response to the agency no later than 90 days after the proposal is submitted to the Commission.

Or. Admin. Code § 125-125-0350

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; DAS 4-2023, amend filed 09/26/2023, effective 10/1/2023

Statutory/Other Authority: ORS 276.055

Statutes/Other Implemented: ORS 276.058