Ord 2409 - Comp Map Amendment
COUNCIL BILL NO. 2637
ORDINANCE NO. 2409
AN ORDINANCE GRANTING A COMPREHENSIVE PLAN MAP AMENDMENT FROM
INDUSTRIAL TO COMMERCIAL, A ZONE CHANGE FROM IL (LIGHT INDUSTRIAL) ZONE
TO CG (COMMERCIAL GENERAL) ZONE, APPROVAL OF CONDITIONAL USE CASE
FILE NO. 04-1 0, APPROVAL OF DESIGN REVIEW CASE FILE NO. 05-03 AND
APPROVAL OF SIGN DESIGN REVIEW CASE FILE NO. 06-06 ON PROPERTIES
LOCATED SOUTH OF NEWBERG HIGHWAY, EAST OF SOUTH WOODLAND AVENUE
AND WEST OF INTERSTATE 5; ATTACHING CERTAIN CONDITIONS THERETO; AND
DECLARING AN EMERGENCY.
WHEREAS, the applicant, Wallace W. Lien, submitted the following
applications: Comprehensive Plan Map Amendment 04-02, Zone Change 04-03,
Conditional Use 04-10, Design Review 05-03 and Sign Design Review 06-06; and
WHEREAS, the Woodburn Comprehensive Plan and Zoning Map have
established certain land uses within the City of Woodburn's Urban Growth
Boundary; and
WHEREAS, the Woodburn Planning Commission and the Woodburn City
Council have reviewed the record pertaining to said applications and heard all
public testimony presented on said applications; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That the subject properties are owned by Leo and Reyne
Hillyer, and are legally described in Exhibit "A" which is affixed hereto and by this
reference incorporated herein.
Section 2. That Comprehensive Plan Map Amendment 04-02 is granted
and the Woodburn Comprehensive Plan Map is hereby amended as to the
property described in Exhibit "A" to this Ordinance from Industrial to Commercial
based upon the Findings in Support which are affixed hereto as Exhibit "B."
Section 3. That Zone Change Application No. 04-03 is granted and the
Woodburn Zoning Map is hereby amended as to the property described in
Exhibit "A" to this Ordinance from IL (Light Industrial) Zone to CG (Commercial
General) Zone based upon the Findings in Support which are affixed hereto as
Exhibit "B."
Page 1 - COUNCIL BILL NO. 2637
ORDINANCE NO. 2409
...
Section 4. Development permit applications Conditional Use 04-10,
Design Review 05-03 and Sign Design Review 06-06 are hereby approved; based
upon the Findings in Support that are affixed hereto as Exhibit liB."
Section 5. That Conditional Use 04-10, Design Review 05-03 and Sign
Design Review 06-06 approvals are subject to the conditions contained in Exhibit
"C", which is affixed hereto and incorporated herein, which the Council finds
reasonable.
Section 6. This ordinance being necessary for the immediate preservation
of the public peace, health, and safety, because this is a site specific land use
decision that is not subject to a referendum petition, an emergency is declared
to exist and this ordinance shall take effect immediately upon passage by the
Council an approval by the Mayor.
Approved as to form: ~~q/~
City Attorney
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
q,- f~
Date
I
September 15. 2006
September 15, 2006
Filed in the Office of the Recorder
September 15, 2006
ATTEST: n'1Clu-i ~~-d--
~ant City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2637
ORDINANCE NO. 2409
EXHIBIT A
LEGAL DESCRIPTION:
PARCEL A:
Parcell, PARTITION PLAT NO. 2004-105, in the City of Woodburn, County of Marion and State of
Oregon.
PARCEL B:
Parcell, PARTITION PLAT NO. 2003-033, in the Oty of Woodburn, County of Marion and State of
Oregon.
Page 1 of 1
EXHIBIT "B"
FINDINGS IN SUPPORT
COMPREHENSIVE PLAN MAP AMENDMENT 04-02
ZONE CHANGE 04-03
CONDITIONAL USE 04-10
DESIGN REVIEW 05-03
SIGN DESIGN REVIEW 06-06
I. APPLICATION INFORMATION:
Applicant:
Wallace W. Lien
1775 32nd Place NE, Ste A
Salem, OR 97303
Property Owner: Winco Food, Inc.
3336 E. 32nd Street, Ste 217
Tulsa, OK 74135
Application Deemed Complete: February 3, 2006
120 Day Rule Deadline: N/A
II. NATURE OF THE APPLICATION:
The applicant requests a Comprehensive Plan Map Amendment from "Industrial" to
"Commercial", Zone Change from "Light Industrial" to "Commercial General,"
Conditional Use and Design Review to allow an auto dealership (auto display and
parking) for the properties located south of Newberg Highway, east of South
Woodland Avenue and west of Interstate 5 (T5S, R2W, Section 11, Tax Lots #1 06
and #107). The applicant also requests Sign Design Review approval to allow for
two pole signs to be located on the subject properties.
III. RELEVANT FACTS:
The subject properties consist of tax lots #106 and #107. Tax lot #106 is located
south of Newberg Highway, east of South Woodland Avenue, and north of Hillyer
Lane. Tax lot #106 is 1.39 acres in size and is currently vacant. Tax lot #107 is
located south of Hillyer Lane, is 1.94 acres in size and is currently vacant. The
subject properties are zoned Light Industrial (IL) and designated Industrial on the
Woodburn Comprehensive Plan Map. The property located to the north of tax lot
#106 (across Newberg Highway) is zoned Commercial General (CG), designated
Commercial on the Woodburn Comprehensive Plan Map and is the location of an
automobile dealership (Miles Chevrolet). The properties located to the west of tax
lot #106 (across South Woodland Avenue and Hillyer Lane) are zoned IL,
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 1 of 40
designated Industrial on the Woodburn Comprehensive Plan Map and are the
location of a warehouse and distribution center (Do It Best, Corporation) and vacant
land. The property located to the east of tax lot #106 is zoned CG, designated
Commercial on the Woodburn Comprehensive Plan Map, and is the location of a
car dealership. The property located to the north of tax lot #107 (across Hillyer
Lane) is zoned IL, designated Industrial on the Woodburn Comprehensive Plan Map
and is vacant. The property located to the west and south of tax lot #107 is zoned
IL, designated Industrial on the Woodburn Comprehensive Plan Map and is the
location of a food distribution facility (WinCo Foods). The property located to the
east of tax lot #107 is zoned CG, designated Commercial on the Woodburn
Comprehensive Plan Map, and is the location of a car dealership. No wetlands are
shown on the subject properties and they are located outside of the 500-year
floodplain.
Tax lot #106 was created as a result of the Community Development Director's
approval of Partition Case File No. 02-02 on March 11, 2003. Tax lot #107 was
created as a result of the Community Development Director's approval of Partition
Case File No. 04-03 on June 30, 2004. The applicant is proposing a
Comprehensive Plan Map Amendment from "Industrial" to "Commercial", Zone
Change from "Light Industrial" to "Commercial General," Conditional Use and
Design Review to allow an auto dealership (auto display and parking) for the subject
properties. The applicant also requests Sign Design Review approval to allow for
two pole signs to be located on the subject properties.
IV. RELEVANT APPROVAL CRITERIA:
COMPREHENSIVE PLAN MAP AMENDMENT 04-02:
WOODBURN DEVELOPMENT ORDINANCE
Section 5.104.02 Comprehensive Plan Map Change, Owner Initiated
ZONE CHANGE 04-03:
WOODBURN DEVELOPMENT ORDINANCE
Section 5.104.04 Zoning Map Change; Owner Initiated
CONDITIONAL USE 04-10:
WOODBURN DEVELOPMENT ORDINANCE
Section 5.103.01 Conditional Use
DESIGN REVIEW 05-03 & SIGN DESIGN REVIEW 06-06:
WOODBURN DEVELOPMENT ORDINANCE
Section 2.106 Commercial General (CG)
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 2 of 40
Section 3.101 Street Standards
Section 3.102 Utilities and Easements
Section 3.104 Access
Section 3.105 Off Street Parking and Loading
Section 3.106 Landscaping Standards
Section 3.107 Architectural Design Guidelines and Standards
Section 3.110 Signs
Section 5.102.02 Design Review for All Structures Less Than 1000 sq.
ft.
V. FINDINGS:
Comprehensive Plan Map Amendment 04-02:
WOODBURN DEVELOPMENT ORDINANCE
Section 5.104.02 Comprehensive Plan Map Change, Owner Initiated
A. Purpose: The purpose is to provide a procedure for the consideration
of a change in use designation on the Woodburn Comprehensive Plan
Map, initiated by the property owner.
C. Criteria.
1. Proof that the current Comprehensive Plan Map is in error, if
applicable;
FINDING: The Industrial designation on Tax Lots 106 and 100 have been in
place historically, and were originally designed to provide a large enough
tract of land to attract a significant industrial user. It was long known that due
to the pan-handle shape of Tax Lot 100 there was a high probability that the
end industrial user would not occupy the entire site, particularly the northerly
pan-handle. This became more and more a factor as ODOT began its
process of improvements to the 1-5 interchange and constructed Hillyer Lane
in order to close off Hillyer's direct access onto Highway 219. As it turned
out Winco did not need and could not use the entire site in conjunction with
the industrial use. In addition, the highest and best use for the pan-handle
remnant tract of Winco property is for commercial use because of the street
frontage and adjacent uses. Therefore, it has historically been anticipated
that some or all of the pan-handle of Tax Lot 100 (which originally included
Tax Lot 106) would be used for commercial and not industrial uses, a
situation which in fact came into existence. In this sense perhaps the
mapping was in error at least philosophically, if not practically.
2. Substantial evidence showing how changes in the community
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 3 of 40
warrant the proposed change in the pattern and allocation of land
use designations; and
FINDING: The Winco tract (Tax Lot 100 in its original configuration) has
been designated Industrial in the WCP since the first approval and
acknowledgment of that document back in the early 1980's. At that time
West Woodburn had basically no development whatsoever. The church
(which is actually outside the city limits) was there, and the housing
subdivisions were just being developed. Highway 219 was a lazy country
road to the west; and Arney Road served rural uses and the gravel operation
to the north. Almost all development was occurring on the east side of the
freeway.
Since this tract was originally designated Industrial, West Woodburn has
exploded with commercial development. In addition to HWI, Winco and
Hillyer's Mid-City Ford in the southwest quadrant of the interchange, there
has been developed a hotel, restaurant, fast food establishment, a gas
station and mini-mart, two car dealerships and the massive factory outlet
mall. The interchange has been improved and reconfigured. Highway 219
has been widened and improved, with signalization at Woodland and
restricted access to improve circulation has been constructed. Arney Road
has been completely reconstructed and relocated. In essence West
Woodburn has become a commercial hub for the community, extending even
regionally in scope.
In addition, Woodburn itself has become a bustling self sufficient city,
shedding its bedroom community label. Population has boomed in the new
century bringing with it new golf courses, housing developments and new
industrial and commercial uses. Citizens now work and live here and do
most of their shopping here as well.
These changes in the community are well documented and known by all.
The result is obviously some necessary realignment and re-allocation of land
within the WCP and WOO to accommodate this growth and progress. Here
we are looking at what is the highest and best use of this 3.249 acres of land
on Highway 219. This tract is too small and too irregular in shape to be used
for industrial purposes. Note that the east portion of Tax Lot 106 is only 31'
wide, which extends in that narrow width for a good one third of the length of
the entire site. The sweeping nature of the curve on Hillyer lane make
conventional building almost impossible. The presence of Hillyer Lane
running through the middle of the vacant land further renders this site
useless for industrial purposes, but enhances it use for commercial
purposes. Given the high traffic volume on Highway 219, and the presence
of the access street from a signal, and the location immediately adjacent to a
new car dealership and across the street from another demonstrates the
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 4 of 40
highest and best use of this area is for commercial purposes and not for
industrial purposes.
Hillyer's Mid-City Ford is a relatively small dealership. The site upon which it
sits is an elongated shape, not conducive to the best layout for car sales. Its
advantage is its tremendous location on the freeway and on a busy street.
However the Hillyer site is further hampered by the fact that nearly 25% of its
area is not useable because of a detention basin needed to handle overflow
drainage water from the 1-5 ditching system. Combine the odd shape with
the lack of useable ground, and the Hillyer site is desperately in need of
additional land for storage and display of cars in order to compete with the
other dealers and keep up with market demands. The subject property
provides that unique set of circumstances that allow Hillyer to acquire Tax
Lot 106 and lot line adjust the unused portion of Tax Lot 100 to provide just
over 3 acres of good, solid land to add to its existing operation.
The need for additional space has been an issue for Hillyer almost since the
day the dealership opened. The loss of such a large area of their site to the
drainage basin was unexpected and immediately created a shortage of
storage and display area. At that time Winco was not completely developed,
so it was uncertain what would happen to the subject property, so that was
not then an option.
The changes in West Woodburn, and in Woodburn generally are such that
making a minor adjustment to the WCP map to provide for the highest and
best use of this 3.249 acres is warranted. This application complies with
WOO S5.1 04.02(C)(2).
The Comprehensive Plan Map designation on tax lot #106 (1.389 acres in
size) is proposed to be changed from Industrial to Commercial as part of the
periodic review component of Legislative Amendment 05-01. The Legislative
Amendment 05-01 package was approved by the Woodburn City Council on
October 31,2005 and is currently in the review process at Marion County. It
was stated in the Woodburn 2005 Comprehensive Plan Update-Explanation
of Proposed Plan and Zoning Map Changes revised in October 2005 that the
Comprehensive Plan designation be changed from Industrial to Commercial
and the zoning be changed from Light Industrial (IL) to Commercial General
(CG) on tax lot #106 to reflect the property's recent separation by a new
street (Hillyer Lane) from IL zoned property to the south. It was stated that
the property is now too small for industrial use since the properties across
the highway and to the east are zoned commercial.
Tax lot #107 (1.94 acres in size) was originally part of tax lot #100 which is
the current location of the Winco Foods Distribution Facility. Winco Foods
partitioned tax lot #107 from tax lot #100 because the northern tip of the
Winco Foods property (tax lot #100) was not usable to their industrial
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 5 of 40
operation. According to the applicant, the Winco Foods site is currently built
out. The east property line of tax lot #1 07 abuts the developed portion of the
Hillyer Ford dealership site. Thus tax lot #107 is ideally suited for the
expansion of the Hillyer Ford dealership.
3. Substantial evidence showing how the proposed change in the land
use designation complies with:
a. Statewide Planning Goals and Oregon Administrative
Rules;
FINDING: The following is a discussion of specific goals that are
applicable to this application:
Goal 1 - Citizen Involvement - Woodburn's procedures conform to
the requirements for citizen involvement in the land use planning
process. This application will be reviewed at public hearings, and
notice of these hearings will be provided as specified by City
procedures and will include all information required by state statute.
Through notification and public hearings, all interested parties will
be afforded an opportunity to participate in the decision-making
process, therefore this goal is met.
Goal 2 - Land Use Planninq The WCP and WDO are
acknowledged to be in compliance with statewide planning goals
and guidelines. The subject property is located inside the city limits.
No exceptions to any goals are required. Goal 2 is fully complied
with.
Goal 5 - Open Spaces, Scenic and Historic areas, and Natural
Resources - The subject property is not designated as an open
space, scenic, or historic area and has no natural resources to
protect, therefore this goal is satisfied.
Goal 6 - Air, Water and Land Resources Qualitv - The end use of
this property will be for storage and display of new and use
automobiles held for re-sale. No buildings are planned, as the site
will utilize the building complex that already exists. This
development will not create any emissions, and storm water will be
taken care of on-site and through the existing storm drainage
system. There are no significant water demands, and no potential
for pollution. This application will not affect in any way the air, water
or land resources, therefore this goal is met.
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 6 of 40
Goal 7 - Areas Subiect to Natural Disasters and Hazards - There
are no identified landslide areas on the subject property. There are
no identified wetlands or floodplains on the subject property. The
property is basically flat and ready for development to occur. Goal 7
is complied with by this application.
Goal 8 - Recreational Needs - The subject property is not needed
or even desirable as a recreational area. The site is located in the
middle of a significant commercial and industrial area, with 2 major
streets and a local street impacting it. The City has sufficient
recreational lands already located in the planning area, including
parks, aquatic center and community center. This goal is satisfied.
Goal 9 - Economics Development - This is a key goal that is
involved in this application. This proposal seeks to turn a vacant
remnant into a productive commercial development. This means
retention of jobs, addition of tax dollars and more regional car sales
whose dollars will circulate several times in the Woodburn economy.
This goal has been met.
Goal 10 - Housino - The current WCP and WOO Industrial
designation does not allow traditional housing. Essentially this site
has been committed to uses other than housing for over 20 years.
The site is not suitable for housing in any event because of the
incompatibility with adjacent uses, and the lack of sufficient building
envelopes (given the odd shape) on the site. Conversion of this site
from the IL zone to a CG zone will have no detrimental effect on the
City's housing inventory, therefore this goal is complied with.
Goal 11 - Public Facilities and Services - All necessary public
facilities and infrastructure were constructed when the Winco project
was developed, and when the Hillyer dealership was built, as well as
when ODOT constructed Hillyer Lane to tie all the systems together.
There is sewer, water, storm, electricity and all other utilities
currently developed at the site and in sufficient capacity to serve the
use proposed. The street and sidewalk system is fully developed,
with access onto Hillyer Lane to Woodland, to a signalized
intersection with Highway 219. This goal is met.
Goal 12 - Transportation - There will be only a minor increase in
traffic from this expansion, as most traffic is already there. The
purpose of the expansion is to provide more storage and display for
the existing customer base, not necessarily to attract new
customers. The transportation system in this area is basically brand
new. Hillyer Lane was constructed less than 2 years ago.
Woodland Drive was completely rebuilt less than 10 years ago when
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 7 of 40
Winco was built, and the improvements and signalization of
Highway 219 corresponded with the completion of the Woodburn
Company Store project 2-3 years ago. All these streets have
adequate capacity to handle much more growth than is proposed
here. The slight increase in traffic that might be generated from this
expansion will have no affect whatsoever on these streets, and
compared to the increase in traffic that would arise if the site could
be developed with a new and independent industrial use, the
increase in traffic here is negligible. By approving an expansion of
an existing adjoining use, the smallest possible traffic generation
from this site is guaranteed. With little increase in traffic and a
brand new street system with excess capacity, there will be no
impact on any transportation facility. With a fully developed
sidewalk system, including the Hillyer Lane loop, there is significant
connectivity between Highway 219, Woodland Drive and Hillyer
Lane. On this basis, both Goal 12 and the Transportation Planning
Rule (OAR 660-012-000 et seq) are fully complied with by this
application.
Goal13 - Enerqy Conservation - Since there is no building needed
on this site, the consumption of energy will be limited to lighting and
irrigation. With the ability to expand on-site, Hillyer no longer needs
a lot off-site, which saves the cost of gas to move cars and
employees back and forth to another location. Not to mention that
for an off-site lot to work, it would need a building, which also would
consume energy. This proposal provides the best possible savings
of energy for the property owner as well as for the community. This
goal is satisfied.
b. Comprehensive Plan goals and policies; and
FINDING: The WCP in many ways mirrors the goals and policies of
the Statewide Goals and Guidelines, and for all of the same
reasons, this application complies.
Looking primarily at WCP Chapter IX (Goals and Policies) together
with the BLI dated February 7, 2000 the most relevant language
applies to the Commercial and Industrial sections. Policies on
Residential lands and housing don't apply as the subject property is
not suitable for residential use in either a commercial or industrial
designation and the land itself is simply not practical to use for
housing. The Annexation policies do not apply as this land is
already in the city limits. Citizen involvement is always applicable to
quasi-judicial applications such as this. As previously discussed
under Goal 2, this application has been reviewed by staff, the
Woodburn Planning Commission and the City Council. At least two
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 8of40
public hearings have been conducted with notice and opportunity to
be heard presented as required by the WDO. The property will be
posted with notice as well as mailed notice to surrounding property
owners and affected governmental agencies. At the public hearings
anyone wishing to present relevant testimony or documentary
evidence has been allowed to do so. Adequate citizen involvement
has been guaranteed in this case.
The presence of adequate public facilities and infrastructure has
previously been discussed in detail. Suffice it to say this project is
low impact in its need for public services. There are no buildings
planned, so the need for water is limited to seasonal irrigation for
landscaping, and there is no effluent discharge into the sewer
system because there are no new bathrooms. Storm drains are
present, as well as 2 large detention basins in the immediate
vicinity. The street system is effectively brand new, and the
increase in traffic from this minor expansion will be negligible.
Obviously there is no impact on the school system as no housing is
proposed, and street lighting, on-site lighting and private security
mean few calls necessary to the police and fire departments.
There are no natural resources located on the subject property. No
wetlands. No floodplains. No landslide hazard areas. There are no
historic resources located or identified on the site, and no cultural
areas either. There is no identified mineral or aggregate resources
on the site. The site is not located downtown or in a neighborhood
conservation district. The site is not suitable for recreation purposes
because of its location, and this project promotes energy
conservation by allowing expansion of the new car dealership
on-site rather than off-site where cars and employees would have to
drive between locations and use up gasoline. In addition, avoiding
expansion in another part of the City also will eliminate additional
traffic trips through the interchange, over Highway 214 and through
the City, thus reducing unnecessary vehicle trips in the City.
The WCP sections on industrial and commercial land uses indicate
a desire to focus this type of growth in the areas where these uses
currently exist. The WCP identifies several such areas, and
obviously this southwest quadrant of the freeway interchange is
named, both for its commercial and industrial uses. WCP SX. It is
further recognized that this area is a growing regional retail center,
which is important to the City to maintain and grow to provide and
retain local jobs. WCP SIV(A). The need to move away from the
historic "bedroom" community label is important and is stated
throughout the WCP. See WCP SiX, Policy L-11. One of the first
Commercial policies states the City should at all times have
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 9 of 40
sufficient land to accommodate the retail needs of the City and the
surrounding market area. WCP SiX, Policy B-1. Even the BLI from
2000 recognizes the need to add and retain local jobs in Woodburn.
It is also the goal and policy of the City to encourage commercial
development at higher densities by expansion in current areas
already committed to commercial uses. WCP SX(B). By allowing
the expansion of Hillyer's Mid-City Ford at its current location, good
family wage jobs would be preserved.
In reviewing WCP Chapter VIII together with the new BLI study, it is
clear there is a need for some additional Commercial land in the
City. The BLI has several different approaches to the identification
of this need, but each ends up showing a deficit in available
Commercial lands. Table 4 to that report has the deficit listed as 8.8
acres; Table 6 lowers the deficit to 7.1 acres, and Table 9 and the
consultant's recommendation has the deficit at 10.6 acres. All these
deficits recognize the increase in population expected in Woodburn
up to 26,290 by the year 2020, a figure many experts believe to be
very conservative and put population at close to 30,000 or more. In
any event, it appears that all documentary studies and evidence
point to a current shortage of Commercial lands in the City.
Whether that deficit is 7.1 acres or up to 10.6 acres, the minor
adjustment of this 3 acres will help satisfy that deficit in a way that
retains jobs, serves the regional retail market the WCP desires to
foster, and has almost no impact on the City infrastructure. A true
"win-win" for the community and the two property owners involved.
The City also is experiencing a deficit in Industrial lands. There are
similar provisions for Industrial land needs and growth as that
discussed above for Commercial lands. The critical element here,
which makes the Commercial goals and policies applicable, is the
lack of ability to practically use the subject property for industrial
uses. The fact that this area has sat idle for over 20 years when it
was properly zoned and designated indicates clearly it is not
useable for industrial purposes. Even when the site was finally sold
and approved for the Wineo development, the small size and shape
of the pan-handle area by Highway 219 render it unuseable even in
conjunction with an industrial use. Add to this the OOOT decision to
restrict direct access onto Highway 219 and replace it with Hillyer
Lane, which effectively bisected even the small pan-handle,
punctuates the small size and odd shape and affirming once and for
all that this area is simply not suitable for industrial use.
Therefore removing 3.249 acres of land from the Industrial lands
inventory really has no adverse impact on that existing deficit
because the land could not be used for industrial purposes anyway.
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 10 of 40
In this view, this land is not unlike any other land eliminated from
the inventory as being unbuildable. Practically speaking it doesn't
matter if a site is not buildable because of some natural resource
(wetlands, floodplain, landslide, etc) or if the size and shape of the
site do the same thing. The proverbial bottom line is the land does
not have the potential for future industrial use, and therefore does
nothing for the inventory. A good case could be made for the fact
that leaving this site in the Industrial inventory, knowing it can not be
used to fulfill the actual need for industrial uses, would be wrong
and would understate the deficit.
The City is not looking to such small and odd shape parcels to fulfill
its need for industrial lands. The BLI identifies several areas in the
community for UGB expansion to provide needed industrial lands.
One of these sites, the Mahan property (Amendment "A") lies
immediately adjacent to the west of Tax Lot 100 and would add 107
acres of industrial land. The Mahan site has been under
consideration for addition to the UGB for 6 or 7 years, and was
identified even during the approval process for the Winco project.
Winco was required to construct Woodland Avenue to industrial
street standards all the way to actually stub into the Mahan property.
The Mahan site therefore already has a fully developed industrial
capacity street, with all properly sized utilities for industrial use right
at its door step. Clearly the City would look to this site and others
identified in the BLI and not rely on small in-fill sites like this that can
not be used for industrial purposes in the first place.
Moving this small amount of land, whose highest and best use is for
commercial uses, meets and complies with the Commercial lands
goals and policies of the WCP, and has no adverse affect on the
Industrial lands goals and policies.
This application satisfies the goals and policies stated in the
WCP, and as supplemented by the 2000 BLI.
c. Sustains the balance of needed land uses within the
Woodburn Urban Growth Boundary.
FINDING: As discussed above, this application meets the goals
and policies of the Commercial lands inventory without adversely
impacting the deficit of Industrials lands. Without repeating that
discussion, the applicant believes this minor amendment to move
just over 3 acres from Industrial lands to Commercial lands
actually improves the balance by adding Commercial lands to
lower the existing deficit, and by eliminating Industrial land that
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 11 of 40
can't be used for that purpose thereby understanding the deficit.
This very small adjustment meets the needs of the property owners
and the community and does not upset the land use inventory
balance in the City.
In summary, this application satisfies each and every approval
criteria for a minor amendment to the WCP of 3.249 acres from
Industrial to Commercial, and should be approved.
The applicant shall bear the responsibility for the burden of
proof.
ZONE CHANGE 04-03:
WOODBURN DEVELOPMENT ORDINANCE
Section 5.104.04 Zoning Map Change; Owner Initiated
A. Purpose: the purpose is to provide a procedure to change the Zone
Map use designation, in a manner consistent with the Woodburn
Comprehensive Plan.
C. Criteria.
1. Evidence proving a need for the proposed use and the other
permitted uses within the proposed zoning designation.
FINDING: There is a need for more commercial land in the City. As
discussed above, that need can vary from 7 to 10 acres according to the BLI.
The WCP desires that fulfilling that need happen in the already existing
commercial areas, of which this area is one, and involve as much density as
is possible. This application adds just over 3 acres to the Commercial land
base inventory thereby fulfilling the need for Commercial lands identified in
the BLI and the WCP.
The City has recognized the benefits of becoming a regional retail business
center for northern Marion County, and the WCP encourages maintaining
and enhancing that. The 3 car dealerships together with the Woodburn
Company Store mall are the key ingredients in this regional retail draw, and
approving this minor expansion will ensure the regional marketplace will
continue to be served well.
In addition to Hillyer's proposed use, the other permitted uses of the CG
zone are appropriate given the small size and isolated location of the subject
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 12 of 40
property. As mentioned previously, both of these attributes eliminate any
type of industrial uses that could be developed on the subject property. The
CG zone also is appropriate given the location of the subject property within
the Interstate 5 Interchange commercial area. Much of the surrounding land
is already zoned CG, and the proposed zoning map change is in keeping
with the comprehensive plan goal of further developing this important center
of commerce.
It is critical to remember the subject property will be used in conjunction with
the existing dealership and no new buildings will be needed. Therefore aside
from paved parking and display areas, some landscaping and lighting, the
site will not be developed making it very easy to be converted to another CG
type use in the future should something happen to the dealership. While this
is a very unlikely event, the provisions of the WOO require some analysis of
this situation because the zoning runs with the land and not with the property
owner.
The subject property and its use as an expansion of Hillyer's Mid-City Ford
new car dealership is needed and appropriate. This criteria is complied with.
Upon zone change approval, dessign review would be required for a
permitted commercial use to ensure that the proposed use complies with all
applicable provisions of the Woodburn Development Ordinance. Conditional
use approval would be required for any commercial use that is listed as a
conditional use in the Woodburn Development Ordinance to ensure that the
proposed use is compatible with the surrounding uses and meets all of the
requirements listed in the Woodburn Development Ordinance.
2. Evidence that the subject property best meets the need relative
to other properties in the existing developable land inventory
already designated with the same zone considering the size,
location, configuration, visibility and other significant attributes
of the subject property.
FINDING: As an expansion site, it only makes sense that it happen on
adjacent and contiguous lands. It has already been demonstrated that it
does not make economical or energy conservation sense to require
expansion in some other part of town. This area is identified in the WCP as
where Commercial uses should be. The regional retail marketplace is drawn
to this area because of its visibility and accessibility from the freeway. The
subject property is available and vacant and not useable for industrial
purposes, making it uniquely qualified for conversion to Commercial use.
The WOO in dealing with zone changes takes into account size, location,
configuration, visibility and other attributes of the site. WOO 95.1 04.04(C)(2).
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 13 of 40
In this situation, all of those factors come into play justifying this site as the
ideal way to fulfill the identified need. Not to belabor the point, but the small
size and odd configuration of the unused remnant of the pan-handle makes
its highest and best use for commercial purposes and basically unuseable for
industrial purposes. The location of the parcel immediately adjacent to a CG
zone and a use that needs to expand is ideal. The visibility on Highway 219
is extremely important to a regional retailer which relies on its customer's
seeing where the store is and knowing how to get onto the lot.
No other site has all the attributes of this site for conversion to CG, and
therefore this site is the best (in fact the only) site that can fulfill the need for
more Commercial zoning in this area. This criteria is complied with.
The Comprehensive Plan Map designation on tax lot #106 (1.389 acres in
size) is proposed to be changed from Industrial to Commercial as part of the
periodic review component of Legislative Amendment 05-01. The Legislative
Amendment 05-01 package was approved by the Woodburn City Council on
October 31,2005 and is currently in the review process at Marion County. It
was stated in the Woodburn 2005 Comprehensive Plan Update-Explanation
of Proposed Plan and Zoning Map Changes revised in October 2005 that the
Comprehensive Plan designation be changed from Industrial to Commercial
and the zoning be changed from Light Industrial (IL) to Commercial General
(CG) on tax lot #106 to reflect the property's recent separation by a new
street (Hillyer Lane) from IL zoned property to the south. It was stated that
the property is now too small for industrial use since the properties across
the highway and to the east are zoned commercial.
Tax lot #107 (1.94 acres in size) was originally part of tax lot #100 which is
the current location of the Winco Foods Distribution Facility. Winco Foods
partitioned tax lot #107 from tax lot #100 because the northern tip of the
Winco Foods property (tax lot #100) was not usable to their industrial
operation. According to the applicant, the Winco Foods site is currently built
out. The east property line of tax lot #1 07 abuts the developed portion of the
Hillyer Ford dealership site. Thus tax lot #107 is ideally suited for the
expansion of the Hillyer Ford dealership.
CONDITIONAL USE 04-10:
WOODBURN DEVELOPMENT ORDINANCE
Section 5.103.01 Conditional Use
A. Purpose. A conditional use is an activity which is permitted in a
zone but which, because of some characteristics which are not
entirely compatible with other uses allowed in the zone, cannot be
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 14 of 40
permitted outright. A public hearing and review of the proposed
conditional use and the imposition of conditions, if necessary, is
intended to insure that the use proposed will be as compatible as
practical with surrounding uses, and is in conformance with the
requirements of the district and with other applicable criteria and
standards. Conditions that increase the maximum development
standard of the WDO may be imposed without a concurrent
variance. Conditions that decrease the minimum standards of a
WDO development standard require a concurrent variance.
B. Criteria.
1. The proposed use shall be permitted as a conditional use within
the zoning district.
FINDING: The applicant is proposing an automobile sales lot on tax
lots #106 and #107. Conditional use approval is required for motor
vehicle and parts dealers in the CG zone. A public hearing is being
held for the review of this application. This approval criterion is met.
2. The proposed use shall comply with the development standards
of the zoning district.
FINDING: The proposed development meets all of the development
standards in the CG zone as discussed later in this report.
3. The proposed use shall be compatible with the surrounding
properties.
FINDING: The proposed use will be compatible with surrounding
properties based on the following considerations.
Considerations. Relevant factors to be considered in
determining whether the proposed use is compatible include:
a. The suitability of the size, shape, location and
topography of the site for the proposed use;
FINDING: Tax lot #106 is 1.39 acres in size and tax lot #107 is
1.94 acres in size. The size of the subject properties is suitable
for the proposed display parking and required off-street parking.
Tax lot #1 06 is surrounded by streets on all sides which is ideal for
an auto display lot. Tax lots #106 and 107 are the ideal location
for the expansion of the existing auto dealership located to the
east of the subject properties. Both sites are flat and have
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 15 of40
excellent visibility from the surrounding rights of way. The subject
sites' location adjacent to Newberg Highway, classified as a major
arterial in the Woodburn Transportation System Plan, will provide
for good circulation from the site to other areas in the City.
b. The capacity of public water, sewerage, drainage, street
and pedestrian facilities serving the proposed use;
FINDING: This display lot requires no new public facilities
construction or easements. Since no buildings are being
proposed, the expansion will require little in the way of
infrastructure beyond storm drainage for the new paved display
areas. Storm water drainage is already provided by a large
detention basin located on Tax Lot 100 to the southwest, and by a
detention basin on the Hillyer property. There are storm drain lines
both in Hillyer Lane and in Woodland Avenue, which together with
the detention basins, provide sufficient capacity to account for
needed storm drainage on the subject property. WOO Section
3.1 02.03(A) requires public streets abutting the development to be
illuminated with street lights installed to city and public utility
standards. All public streets bordering this application have
already been constructed and provide street lights.
The Public Works Department commented that the existing storm
sewer system within Hillyer Lane is an ODOT facility. Permits will
be required to be obtained from ODOT for connection from them.
An on-site detention will be required to be provided in accordance
with the Storm Water Management Plan. A hydraulic analysis will
be required to be provided to the Public Works Department for
review and approval.
The existing sanitary sewer main within South Woodland Avenue
can provide wastewater service to the development. Service lines
will be required to not be installed in the public right of way as
shown on the plan except at the point of connection to the city
system. Separate sanitary sewer service shall be provided to
each parcel. The private easement crossing the adjacent parcel
may be required for the southeast parcel.
The existing water main on the east side of the subject property or
the west side of South Woodland Avenue can be utilized to
provide for both domestic and fire protection service. If an
additional fire hydrant is required by the Woodburn Fire District,
the water main and hydrant will be a city maintained system and
installed by the applicant and constructed and permitted in
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 16 of 40
accordance with public works requirements.
A discussion of streets (including sidewalks) is discussed In
Section 3.101 of this report.
c. The impact ofthe proposed use on the quality ofthe living
environment:
1. Noise;
FINDING: The noise on the subject properties will be
generated by automobiles. Tax lot #106 (the northern
property) is surrounded by streets. The noise generated from
the subject site is consistent with the noise generated by traffic
on the abutting streets. Hillyer Lane is located to the north of
tax lot #1 07. An auto dealership is located to the east of tax lot
#107 and industrial uses are located to the south and west
(across South Woodland Avenue) of tax lot #107. The noise
generated by automobiles on tax lot #107 is compatible with
the commercial and industrial uses on the surrounding
properties.
2. Illumination;
FINDING: The parking lot lighting will be well designed not to
adversely impact adjoining property owners (which has never
been an issue with the existing dealership). The applicant
submitted a photometric plan showing that light will not be cast
on the abutting commercial and industrially used properties.
3. Hours of operation;
FINDING: The hours of operation will follow the open hours of
the existing dealership which has not been a problem. The
proposed hours of operation is consistent with a commercial
use and will not negatively impact the surrounding commercial
and industrial uses.
4. Air quality;
FINDING: There is no issue with air quality as there is nothing
more than car emissions being generated. Nothing indicated
in the proposed project will affect air quality.
5. Aesthetics; and
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 17 of 40
FINDING: The site will be nicely designed and landscaped
and will be aesthetically pleasing and similar to the look of the
neighboring properties and uses. There are no dwellings in the
immediate vicinity or on adjacent properties, so there will be no
affect whatsoever on residential uses. No buildings are
proposed on the subject properties. The applicant is proposing
to plant the required number of large trees (Red Maple
October Glory) adjacent to Newberg Highway, Hillyer Lane and
South Woodland Avenue. Each of the trees will be
surrounding by a combination of Heavenly bamboo and Lily of
the Valley. The area between the trees and shrubs will be
planted with lawn. The applicant submitted an irrigation plan
showing that all landscaped areas will be permanently
irrigated.
A 6 foot tall chain link fence with white slats is proposed on the
west and south property lines of tax lot #107 to buffer the
subject site from the abutting industrially used property. A
buffer fence is not necessary between tax lot #107 and the
property located to the east because the proposed auto display
use of the subject property is the same as the auto display use
on the property located to the east.
6. Vehicular traffic.
FINDING: The street system surrounding the subject site is fully
developed with Highway 219, Woodland Avenue and Hillyer Lane
being recently reconstructed. There is a signalized intersection at
Highway 219 and Woodland Avenue which regulates traffic onto
Woodland Avenue for access to Hillyer Lane. The expansion of
the new car dealership will allow additional display of new and
used cars along Highway 219 and along both sides of Hillyer
Lane. The additional display of inventory will not necessarily
increase the number of customers visiting the dealership, but will
increase the retention and sales to those customers who do visit
by the provision of additional vehicle options and immediate
delivery of cars that are in stock at the dealership. While there
will no doubt be some slight increased traffic to the dealership, it
is predicted to be negligible in comparison to the existing traffic
on Highway 219 and Woodland Avenue, and that which is
currently using these streets for access to the dealership.
Highway 219 has newly constructed sidewalks on the frontage of
the subject property. Hillyer Lane has sidewalks along its
northern boundary all the way to the existing Hillyer ownership
and then loops back to connect into the sidewalk on Highway
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 18 of 40
219.
Newberg Highway (boundary street) abuts the north side of tax lot
#106, Woodland Avenue (boundary street) abuts the west side of
tax lot #106 and Hillyer Lane (boundary street) abuts the south
side of tax lot #106 and the north side of tax lot #1 07. An access
permit from the City of Woodburn is not required for the proposed
accesses on Hillyer Drive for the proposed project because
Hillyer Lane is under the jurisdiction of the Oregon Department of
Transportation (OOOT) and will be subject to the requirements of
OAR 734-051. Newberg Highway is also under the jurisdiction of
ODOT so it will be subject to the requirements of OAR 734-051.
South Woodland Avenue currently provides a 90-foot right of way
and 44 foot curbed improved surface with sidewalks on both
sides of the street. Streets improvements to Woodland Avenue
were not triggered as part of the partitions that created tax lots
#106 and #107. Street improvements will not be triggered at this
time due to the subject properties being bound by the
requirements of the precedent land use decisions per Section
3.104.01.B.3.b. In addition, the current Woodburn Transportation
System Plan (TSP) designates this portion of South Woodland
Avenue as a minor arterial. The updated TSP, which is included
as a component in the periodic review documents that are
currently in the approval process, downgrades South Woodland
Avenue to an access street. The current street improved width
and right of way exceeds the requirements for an access street.
d. The conformance of the proposed use with applicable
Comprehensive Plan policies; and
FINDING: The WOO implements the goals and policies
specified in the Woodburn Comprehensive Plan. The
proposed development meets all of the applicable standards
specified in the WOO as discussed throughout this report.
e. The suitability of proposed conditions of approval to
insure compatibility of the proposed use with other uses
in the vicinity.
FINDING: The recommended conditions of approval regarding
landscaping, lighting and paving discussed in this report will
insure compatibility of the proposed use with the surrounding
uses.
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 19 of 40
DesiQn Review 05-03:
WOODBURN DEVELOPMENT ORDINANCE
Section 2.106
Conditional Uses
The following uses may be permitted in the CG zone subject to the applicable
development standards of the WOO and the conditions of conditional use
approval:
A. Retail Trade
1. Motor vehicle and parts dealers (441) EXCEPT automotive parts
without installation.
FINDING: The applicant is proposing to use the subject properties for auto
display. This use is a conditional use in the CG zone. The applicant applied
for conditional use approval to allow for the auto display use. The
compliance of the proposal with the conditional use requirements has been
previously discussed in this report. This approval criterion is met.
Section 2.106.05
Dimensional Standards
The following dimensional standards shall be the minimum requirements for
all development in the CG zone.
A. Lot Standards.
Lots in a CG zone shall comply with the applicable standards of Table 2.1.10.
TABLE 2.1.10 Lot Standards for Uses in a CG Zone
In the CG zone the lot area for a non-residential use shall be adequate to contain
all structures within the required setbacks. There shall be no minimum width or
depth.
FINDING: Compliance with setback standards is addressed later in this report.
B. Building Height.
The maximum height of buildings shall not exceed 70 feet, EXCEPT
chimneys, spires, domes, flag poles and other features not used for
human habitation (EXCEPT telecommunication facilities), shall not
exceed 100 feet.
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 20 of 40
FINDING: No buildings are proposed on the subject properties. This criterion is met.
C. Setback and Buffer Improvement Standards.
1. Front Yard Setback and Setback Abutting a Street:
a. Dimensions:
1) The minimum setback abutting a street shall be 15
feet plus any Special Setback, Section 3.103.05.
FINDING: Tax lot #1 06 is surrounded by streets (Newberg Highway,
South Woodland Avenue and Hillyer Lane). Newberg Highway is
classified as a major arterial in the Woodburn Transportation System
Plan. A special setback of 50 feet plus the requ ired 15 foot front yard
setback are required from the center line of Newberg Highway. The
applicant is proposing a 75 foot setback from the centerline of
Newberg Highway which meets the 65 foot special setback
requirement. South Woodland Avenue is currently classified as a
minor arterial in the Woodburn Transportation System Plan which
requires a total of 52 feet from the center line of South Woodland
Avenue (37 foot special setback plus a 15 foot front yard setback).
The applicant is proposing a 60 foot setback from the center line of
South Woodland Avenue which complies with the required 52 foot
setback from the center line of south Woodland Avenue. No special
setback is required on Hillyer Lane. The applicant shows a 15 foot
front yard setback on tax lot #106 adjacent to Hillyer Lane.
Tax lot #1 07 has frontage on Hillyer Lane. The applicant shows a 15
foot front yard setback adjacent to Hillyer Lane which complies with
the 15 foot front yard requirement. This criterion is met.
b. Off Street Parking and Maneuvering:
1) Off street parking and storage shall be prohibited within
a required front yard or special setback EXCEPT for
parking and storage adjacent to a wall.
FINDING: The site plan shows no proposed parking or storage
located in the required setbacks. This approval criterion is met.
c. Clear Vision Area: Fences, walls, landscaping and signs
shall be subject to clear vision area standards, Section
3.103.10.
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 21 of 40
FINDING: The applicant is not proposing fences, walls or landscaping
in the 30 foot (corners) or 10 foot (driveways) vision clearance
triangles. One free standing pole sign is proposed in the 30 foot
vision clearance triangle at the south east intersection of Newberg
Highway and South Woodland Avenue. The sign face is located 10
feet from grade which is located outside of the 7 foot height vision
clearance area. This approval criterion is met.
d. Vehicular Access. Permitted in conformance with
Section 3.104.
FINDING: Vehicular Access is discussed in Section 3.104 of this
report.
2. Interior Side and Rear Yard Setbacks.
a. Development in a CG zone shall be subject to the setback and
buffer requirements of Table 2.1.11.
TABLE 2.1.11 Interior Yard and Buffer Standards for CG Zones
Abutting Property Landscaping Wall Interior Setback
RS, R1S, or RM There is no buffer Solid brick or 10ft.
zone yard landscaping architectural wall
requirement for an with anti-graffiti
interior yard surface, no less
abutting a buffer than 6 feet or
wall. greater than 7 feet
in height.
CO, CG, DOC, There is no buffer Alternative A: Alternative A:
P/SP, IP or IL zone yard landscaping
requirement for an Wall requirements 5 ft.
interior yard shall be
abutting a buffer determined in
wall. conjunction with
the applicable
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 22 of 40
Abutting Property Landscaping Wall Interior Setback
Design Review -------------------------
process.
Alternative B:
-------------------------
Zero setback
Alternative B: abutting a building
wall.
No wall required.
FINDING: Tax lot #1 06 is surrounded by streets. Thus, the front yard
setback requirement and not the interior yard setback requirement
was applied to it. The property abutting the west and south property
lines of tax lot #107 is zoned Light Industrial (IL) and the property
located to the east of tax lot #1 07 is zoned Commercial General (CG)
so a 5 foot interior yard setback is required from the west, south and
east property lines of tax lot #107. The applicant proposes a 5 foot
setback along the west, south and east property lines that complies
with the 5 foot interior yard setback requirement. A buffer wall is not
required abutting the west, south and east property lines of tax lot
#107 because the proposed commercial development and abutting
commercial and industrial uses are compatible and will not require a
buffer wall to be constructed to mitigate visual or noise impacts. The
applicant proposes a chain link fence with white slats 6 feet in height
along the west and south property lines of tax lot #107 to screen.the
south and west property lines of tax lot #107 from the abutting
industrial use.
b. The minimum building setback from a private access
easement shall be 5 feet.
FINDING: No buildings are proposed as part of this design review
request. The proposal meets this criterion.
Section 2.106.06 Development Standards
All development in the CG zone shall comply with the applicable provisions of
the WDO. The following standards specifically apply to uses in the CG zone.
A. Off Street Parking.
Off street parking shall be subject to the standards of Section 2.106.05
and Section 3.105.
FINDING: Compliance with off street parking requirements is discussed in Section
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 23 of 40
3.105 of this report.
E. Landscaping and Sidewalks.
1. The street frontage of a subject property shall be improved with
either property line sidewalks and street trees or curb line
sidewalks. The improvement shall be determined at the time of
subdivision, PUD or design review as applicable. Sidewalks and
trees shall be installed by the property owner to the standards of
Section 3.101 and 3.106.
2. The subject property shall be landscaped to the standards of
Section 3.106.
FINDING: Compliance with Section 3.101 and Section 3.106 is discussed
later in this report.
3. Common refuse collection facilities shall be screened on all
sides by an architectural block wall and solid gate, both with an
anti-graffiti surface, a minimum of six feet and a maximum of
seven feet in height.
FINDING: The applicant is not proposing a common refuse collection facility
as part of this design review request. The applicant is also not proposing any
buildings as part of this design review request. This criterion is met.
F. Property Disposition.
All uses shall be established and conducted on lots of record, as
defined by Section 1.102 and developed to the public facility and
access standards of Sections 3.101, 3.102 and 3.104.
FINDING: The current development is proposed on tax lot #1 06 which was created
as part of Parcel 1 of Partition Case File No. 02-02, recorded on Marion County
Partition Plat No. 2003-33. The current development is also proposed on tax lot
#107 that was created as part of Parcel 1 of Partition Case File No. 04-03, recorded
on Marion County Partition Plat No. 2004-105. The subject properties (tax lot #1 06
and #107) can be identified specifically on Marion County Assessor's Map as
Township 5 South, Range 1 West, Section 11. This approval criterion is met.
Section 3.101 Street Standards
Section 3.101.02 General Provisions
A. The access or driveway, for each lot shall be connected to the existing
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 24 of 40
I"
public street system in compliance with Section 3.104.
FINDING: The applicant is proposing to provide access to the subject properties via
Hillyer Lane. Compliance with Section 3.104 is discussed later in this report.
B. No access permit shall be issued unless the internal street(s), boundary
street(s) and abutting street(s) are constructed pursuant to Section
3.101.02.C, UNLESS or until the applicant has obtained an exception as
provided in this section.
FINDING: Newberg Highway (boundary street) abuts the north side of tax lot #1 06,
Woodland Avenue (boundary street) abuts the west side of tax lot #1 06 and Hillyer
Lane (boundary street) abuts the south side of tax lot #1 06 and the north side of tax
lot #107. An access permit from the City of Woodburn is not required for the
proposed accesses on Hillyer Drive for the proposed project because Hillyer Lane is
under the jurisdiction of the Oregon Department of Transportation (ODOT) and will
be subject to the requirements of OAR 734-051. Newberg Highway is also under
the jurisdiction of ODOT so it will be subject to the requirements of OAR 734-051.
South Woodland Avenue currently provides a gO-foot right of way and 44 foot
curbed improved surface with sidewalks on both sides of the street. Street
improvements to Woodland Avenue were not triggered as part of the partitions that
created tax lots #106 and #107. Street improvements will not be triggered at this
time due to the subject properties being bound by the requirements of the precedent
land use decisions per Section 3.1 04.01.B.3.b. In addition, the current Woodburn
Transportation System Plan (TSP) designates this portion of South Woodland
Avenue as a minor arterial. The updated TSP, which is included as a component in
the periodic review documents that are currently in the approval process,
downgrades South Woodland Avenue to an access street. The current street
improved width and right of way exceeds the requirements for an access street.
Section 3.102 Utilities and Easements
Section 3.102.01 Water, Sanitary Sewer and Storm Drainage Facilities
Municipal water, sanitary sewer and storm drainage facilities shall be installed
to applicable Public Works Department and state standards.
FINDING: The Public Works Department commented that the existing storm sewer
system within Hillyer Lane is an ODOT facility. Permits will be required to be
obtained from ODOT for connection from them. An on-site detention will be required
to be provided in accordance with the Storm Water Management Plan. A hydraulic
analysis will be required to be provided to the Public Works Department for review
and approval.
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 25 of 40
The existing sanitary sewer main within South Woodland Avenue can provide
wastewater service to the development. Service lines will be required to not be
installed in the public right of way as shown on the plan except at the point of
connection to the city system. Separate sanitary sewer service shall be provided to
each parcel. The private easement crossing the adjacent parcel may be required
for the southeast parcel.
The existing water main on the east side of the subject property or the west side of
South Woodland Avenue can be utilized to provide for both domestic and fire
protection service. If an additional fire hydrant is required by the Woodburn Fire
District, the water main and hydrant will be a city maintained system and installed
by the applicant and constructed and permitted in accordance with public works
requirements.
A. Public Utility Easements (PUE).
Five foot wide public utility easements (i.e., easements for natural gas
lines and for electric and telecommunications wire or cable service)
shall be dedicated along each lot line abutting a public street. At the
time of tentative approval, utilities may request dedication of a public
utility easement within a reciprocal access easement or centered along
specified rear lot line in those zones where zero setback is not
permitted.
FINDING: Any required public municipal water, sanitary sewer and storm drainage
utility easement dedications required by future development will be subject to the
requirements of the Public Works Department and the WDO.
B. Creeks and Watercourse Maintenance Easements.
FINDING: There are no creeks or watercourses on the subject property for which
maintenance easements will be required. This criterion is met.
Section 3.104. Access
Section 3.104.01 Applicability
A. Street Access Required.
1. Every lot shall have direct access to an abutting public street or to a
public street by an irrevocable access easement.
FINDING: The applicant is proposing to access the auto display lots (tax lots
#106 and #107) via 36 foot driveway accesses on Hillyer Lane. This criterion
is met.
CPA 04-02, ZC 04-03, CU 04-10. DR 05-03 & SDR 06-06
Page 26 of 40
B. Access to City Streets, Permit Required.
2. A Traffic Impact Analysis (TIA) may be required by the Public
Works Director prior to the approval of a City access or street
construction permit when the Director estimates a development
proposal may generate either 100 or more additional, peak hour
trips, or 1,000 or more additional daily trips, within ten years of a
development application. A TIA shall evaluate the traffic impacts
projected of a development proposal and the estimated
effectiveness of potential traffic impact mitigation measures.
The methodology for a TIA shall be consistent with Public Works
Department guidelines.
FINDING: The Woodburn Transportation Manager has indicated that the
proposal would not require a TIA because the proposed development is not
anticipated to generate 100 or more additional, peak hour trips, or 1,000 or
more additional daily trips, within ten years of the development application.
This approval criterion is met.
Section 3.104.02 Driveway and Drive-Through Measurements and Dimensions
A. Driveways Crossing a Setback.
The portion of a driveway crossing a setback shall be perpendicular to the
setback lines.
FINDING: The proposed site plan shows driveways crossing a setback to be
perpendicular to the setback. This approval criterion is met.
C. Driveway Spacing Guidelines, Type II and III Applications.
The minimum separation of a driveway from: a) the special setback of a
parallel major street, b) the right of way of a parallel local street, or c)
from another driveway should be as follows.
3. Service Collector, Access or Local Street: 50 feet;
EXCEPT where pre-existing conditions preclude such separation the
separation should be maximized.
FINDING: The applicant is proposing one driveway access to tax lot #106
and one driveway access to tax lot #107 from Hillyer Lane. No existing
driveways are located 50 feet from the proposed driveway accesses. The
proposed driveways on Hillyer Lane will be located directly opposite from one
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 27 of 40
another to facilitate better cross access and safer turning movements. This
criterion is met.
E. Commercial and Industrial Use.
1. Paved Driveway Width
b. Paved Two-way Driveway Width.
1. With no turn lane: Throat and travel lane
width 26 feet minimum, 36 feet maximum.
("No parking" restrictions shall be posted
by the owner.)
2. With a turn lane: Throat width 36 feet
minimum, 40 feet maximum. ("No parking"
restrictions shall be posted by the owner.)
2. Radius of Curb Flare: 30 feet minimum.
4. Throat length of a driveway, extending from the closest off
street parking or loading space to the outside edge of
right of way for a:
a. Local street connection: 20 feet minimum, with
greater improvement as may be required by a TIA.
b. Major street connection: 50 feet minimum, with
greater improvement as may be required by a TIA.
5. Turn arounds shall be required within the off street
parking area(s) and/or as specific circulation features, to
Department of Public Works requirements based on the
review of the Fire District.
FINDING: The applicant is proposing 36 foot wide driveway accesses to the
subject properties from Hillyer Lane which complies with the 36 foot maximum
driveway access width requirement. The site plan shows off street parking
located outside of the 20-foot throat depth within the proposed driveway
accesses. The applicant is proposing a circular drive aisle that connects to the
proposed driveway accesses. This criterion is met.
Section 3.105 Off Street Parking and Loading
Section 3.105.01 Applicability
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 28 of 40
The provisions of this Section shall apply to the following types of
development:
A. New Building or Structure.
All requirements and standards of Section 3.105 shall apply to any new
building or structure erected after the effective date of the WDO.
FINDING: The commercial development is required to meet all of the criteria in this
Section of the WDO.
Section 3.105.02 General Provisions for Off Street Parking and Loading
E. Off Street Vehicle Parking Requirements.
1. Off street vehicle parking spaces shall be provided in amounts
not less than those set forth in Table 3.1.2.
FINDING: The applicant is required to provide 1 parking space for 2,000
square feet of gross floor area of outdoor display area. The applicant is
proposing 43,805 square feet of display area on tax lot #1 06 which requires
22 parking spaces (43,805/2,000=21.9). Twenty two (22) parking spaces
are proposed on tax lot #1 06 which meets the 22 parking space requirement.
The applicant is proposing 73,695 square feet of display area /2,000 square
feet on tax lot #1 07 which requires 37 off-street parking spaces. Thirty seven
(37) off-street parking spaces are proposed on tax lot #1 07 which meets the
37 parking space requirement. This approval criterion is met.
3. The number of disabled person vehicle parking spaces shall be
provided to the standards of the state Building Code and
applicable federal standards. The number of disabled person
vehicle parking spaces shall be included as part oftotal required
vehicle parking spaces.
FINDING: One disabled person vehicle parking space is required on tax lot
#106 per the Uniform Building Code for a parking lot containing 1 to 25 off
street parking spaces. The applicant is proposing 1 disabled vehicle parking
space on tax lot #1 06 to meet the 1 disabled vehicle parking requirement on
tax lot #106. Two disabled person vehicle parking spaces are required on
tax lot #1 07 per the Uniform Building Code for a parking lot containing 26 to
50 off street parking spaces. The applicant is proposing 2 disabled vehicle
parking spaces on tax lot #1 07 to meet the 2 disabled vehicle parking space
requirement on tax lot #107. This criterion is met.
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 29 of 40
F. Compact Vehicle Parking.
A maximum of 20 percent of the required vehicle parking spaces may
be satisfied by compact vehicle parking spaces.
FINDING: No compact parking spaces are proposed. This criterion is met.
G. Off Street Loading Requirements.
1. Off street loading spaces shall comply with the dimensional
standards and amounts not less than those set forth in Table
3.1.3.
2. The off street loading facilities shall be on the same lot, or site,
as the use or structure they are intended to serve. Required
loading spaces and required parking spaces shall be separate
and distinct.
FINDING: No buildings are being proposed as part of this design review request so
no loading spaces are required. This criterion is met.
H. On-site Vehicle Parking and Loading Area Improvement
Requirements.
1. Surfacing. All vehicle parking and loading areas shall be paved
with asphalt, concrete or other hard surfacing approved by the
Public Works Director.
FINDING: The applicant proposes to pave all vehicle parking areas. This
approval criterion is met.
2. Drainage. All vehicle parking and loading areas shall be graded
and provide storm drainage facilities approved by the Public
Works Director.
FINDING: Vehicle parking areas will be graded to provide storm drainage
facilities as approved by the Public Works Director.
3. Bumper Guards and Wheel Barriers. All vehicle parking spaces,
EXCEPT those for single family and duplex dwellings, shall be
constructed with bumper guards or wheel barriers that prevent
vehicles from damaging structures or projecting over walkways,
access ways or abutting property or rights of way.
FINDING: Bumper guards are not required for the proposed parking spaces
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 30 of 40
on tax lot #106 because vehicles will not project over walkways, accessways
or abutting property or right of way. No buildings are proposed on tax lot
#106. Bumper guards are not required for the proposed parking spaces on
tax lot #107 because a 6 inch curb will keep vehicles from projecting onto
abutting properties. No buildings are proposed on tax lot #107. This
criterion is met.
4. Size of Vehicular Parking Spaces and Maneuvering Areas within
Off Street Parking Areas.
a. Off street vehicle parking spaces and maneuvering areas,
EXCEPT those for single family and duplex dwellings and
those for disabled persons, within off street parking areas
shall be designed in compliance with Table 3.1.4. Three or
more off street parking spaces provided subject to Table
3.1.4 shall be designed so that no backing or maneuvering
within a public street right of way is required.
FINDING: The applicant proposes 59 off street parking spaces on the
subject properties. The 3 disabled parking spaces are not subject to
Table 3.1.4. The 56 proposed standard parking spaces have been
designed at a 90-degree angle with a 24-foot 2-way aisle width,
minimum stall width of 9 feet and stall depth of 19 feet, which meets
the 9-foot stall width, 19-foot stall depth and 24-foot 2-way aisle width
for standard 90-degree spaces in accordance with Table 3.1.4. This
approval criterion is met.
b. Off street parking for disabled persons shall be designed
to the standards of the state Building Code and applicable
federal standards.
FINDING: The applicant proposes 3 disabled person parking spaces.
Compliance with the State and Federal design standards will be
reviewed when the construction plans are submitted. This approval
criterion will be met.
5. Directional Marking. EXCEPT for vehicle parking areas for single
family and duplex dwellings, off street parking and maneuvering
areas shall have directional markings and signs to control
vehicle movement.
FINDING: The submitted site plan shows two-way directional markings within
the proposed off street parking and circulation area. This criterion is met.
6. Space Marking. EXCEPT for vehicle parking areas for single
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 31 of 40
family and duplex dwellings, off street parking spaces shall be
delineated by double parallel lines on each side of a space. The
total width of the lines shall delineate a separation of 2 feet.
FINDING: Double parallel lines 2 feet in width delineate each space shown
on the site plan. This approval criterion has been met.
8. Outdoor Lighting. EXCEPT for vehicle parking areas for single
family and duplex dwellings, all outdoor lighting shall be
designed so as not to shine or reflect into any adjacent
residentially zoned or used property, and shall not cast a glare
onto moving vehicles on any public street.
FINDING: The parking lot lighting will be well designed not to adversely
impact adjoining property owners (which has never been an issue with the
existing dealership). The applicant submitted a photometric plan showing
that light will not be cast on the abutting commercial and industrially used
properties or abutting rights of way. This criterion is met.
9. Landscaping. EXCEPT for vehicle parking spaces for single
family and duplex dwellings, all parking areas shall be
landscaped to the standards of Section 3.106.
FINDING: Compliance with landscaping requirements is discussed in
Section 3.106 of this report.
10. On-site Bicycle Parking Requirements. All uses required to
provide 10 or more off street parking spaces shall provide a
bicycle rack within 50 feet of the main entrance. The number of
required rack spaces shall be one plus one per ten vehicle
parking spaces, with a maximum of 20 rack spaces.
FINDING: The required off street parking for the proposed development is 59
parking spaces, necessitating a bicycle rack with 6 spaces. The site plan
shows a bicycle rack with 6 rack spaces located on the north east corner of tax
lot #107. The 50 feet of the main pedestrian entrance requirement does not
apply to this proposal because no buildings are being proposed as part of this
design review request. This criterion is met.
Section 3.106 Landscaping Standards
Section 3.106.01 Applicability
The provisions of this section shall apply:
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 32 of 40
A. To the site area for all new structures and related parking EXCLUDING
single-family and duplex dwellings and accessory structures; and
FINDING: The applicant proposes off street parking and circulation facilities on the
subject site, which requires compliance with the criteria of Section 3.106.
Section 3.106.02 General Requirements
A. Landscaping and Irrigation Plans Required.
Building plans for all uses subject to landscaping requirements shall be
accompanied by landscaping and irrigation plans to City standards.
FINDING: The applicant has submitted a landscaping and irrigation plan in
conjunction with this proposal. This approval criterion is met.
B. Irrigation.
All required landscaped areas shall be permanently irrigated unless a
planting plan without irrigation is submitted by a licensed landscape
architect or a licensed nursery person demonstrating that the proposed
landscaping will thrive without irrigation.
FINDING: The submitted irrigation plan shows that the proposed landscaping will be
irrigated by a new automatic irrigation system. This criterion is met.
E. Maintenance.
The property owner shall be responsible for maintaining all
landscaping in good condition so as to present a healthy and orderly
appearance. Unhealthy and dead plants shall be removed and replaced
in conformance with the original landscape plan.
FINDING: This requirement is a condition of approval for all landscaping located on
the subject site.
Section 3.106.03 Landscaping Standards
A. Streetscape.
1. Street Trees. Within the public street right of way abutting a
development, or within an ally right of way in the DDC zone,
street trees shall be planted to City standards prior to
occupancy.
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 33 of 40
a. Acceptable Types of Trees. See Section 6.103 for a
description of acceptable and unacceptable trees for this
purpose, classified by size and species.
b. Tree Density. Trees shall be planted to the following
intervals within the right of way, subject to Clear Vision
Area standards, Section 3.103.10 and Section 6.103:
1) Four (4) small trees per 100 feet of street frontage;
2) Three (3) medium trees per 100 feet of street frontage; or
3) Two (2) large trees per 100 feet of street frontage.
FINDING: The applicant is proposing two large street trees (Red Maples) per
100 feet along Newberg Highway, South Woodland Avenue and Hillyer Lane
which complies with the 2 large trees per 100 feet of street frontage
requirement. Red Maples are listed as an approved large street tree in
Section 6.103. This approval criterion is met.
2. Front Yard and Yard Abutting a Street.
b. Landscaping Design and Density in CO and CG zones.
1) All yards abutting a street, including off street parking
and circulation areas shall be landscaped to a density
of one (1) plant unit (PU) per 20 sq. ft.
FINDING: The required front yard landscaping for tax lot #106 is 843 plant
units (16,871 square feet/20 square feet). The applicant is proposing a
combination of lawn, trees and shrubs in the front yard per the submitted
planting plan that totals 865 plant units which meets the 843 plant unit
requirement. This criterion is met.
B. Buffer Yards.
All buffer yards shall be landscaped at the rate of one (1) plant unit PU
per 20 sq. ft. EXCEPT for interior buffer yards abutting a wall which are
paved and which may be used for parking or site access and vehicular
circulation.
FINDING: Tax lot #106 is surrounded by streets so a buffer yard is not
required for tax lot #1 06. A buffer yard is not necessary between tax lot #1 07
(the proposed auto display) and the properties adjacent to the east and
south sides of tax lot #1 07 because the adjacent uses {auto dealership and
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 34 of 40
food distribution center) are similar and compatible uses with the proposed
use. This criterion is met.
C. Off Street Parking Areas.
1. All unpaved land within the off street parking area, and within 20
feet of the paved edge of off street parking and/or circulation
improvements, shall be landscaped in the following proportions:
a. RM, CO and CG zones: Landscaped area(s) equivalent to
20% of the paved surface area for off street parking and
circulation.
FINDING: The applicant proposes landscaping to cover an equivalent of
20% of all paved areas (excluding the auto display areas). This approval
criterion is met.
2. Trees, Section 6.103, shall be planted within and abutting off
street parking facilities in a pattern that is in roughly proportion
to the distribution of the parking spaces, at the following
densities:
a. 1 small tree per 5 parking spaces;
b. 1 medium tree per 10 parking spaces; or
c. 1 large tree per 14 parking spaces.
FINDING: The required parking for the development is 59 spaces, necessitating the
planting of 5 large trees. The applicant proposes to plant a total of 36 large Red
Maple trees along the north, west, east and south property lines of tax lot #1 06 and
the north property line of tax lot #107 which meets the 5 large tree requirement.
Section 3.106.05 Planting Standards
A. Distribution of Plant Materials.
The required number of plant units shall be met by a combination of
plant materials listed in Table 3.1.5, so that eighty (80) percent of the
area to be landscaped is covered within three years. Required plant
units need not be allocated uniformly through out specified
landscaping areas, but may be grouped for visual effect.
FINDING: A condition of approval is that all shrubs and ground cover shall be of a
size upon installation so as to attain 80% of ground coverage within 3 years.
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 35 of 40
B. Ground Cover.
Landscaped areas that are not covered by plant materials shall be
covered by a layer of bark mulch or decorative rock, EXCLUDING
ordinary crushed gravel, a minimum of 2 inches in depth.
FINDING: The applicant notes on the submitted planting plan that bark mulch will be
placed around the shrubs. This criterion can be met.
C. Curbs.
A six-inch concrete curb shall be provided between a landscaped area
and a parking area or access way.
FINDING: The submitted site plan shows a 6-inch concrete curb provided between
the parking and circulation areas and landscaped areas. This approval criterion is
met.
Section 3.107 Architectural Design Guidelines and Standards
Section 3.107.06 Guidelines and Standards for Non-Residential Structures in
RS, R1 S, RM, CO, CG and P/SP Zones
A. Applicability.
The following design guidelines shall be applicable to all non-
residential structures and buildings in the RS, R1S, RM, CO, CG and P
zones.
FINDING: The applicant is proposing to utilize the subject properties for outdoor
vehicle display only. No structures or buildings are proposed as part of this design
review request so this section of the Woodburn Development Ordinance is not
applicable to the current proposal.
Section 3.110 Signs
Section 3.110.04 Sign Permit Required
A. A sign permit is required to erect, replace, construct, relocate, or alter a
sign, unless such sign or action is exempt under Section 3.110.11...
FINDING: The applicant is proposing two free standing pole signs. These signs will
be subject to sign permit approval in accordance with the applicable criteria of
Section 3.110.
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 36 of 40
Section 3.110.05.C.1.b Sign Permit Approval Process
Pole signs and the placement of neon tubing on the exterior of a building
shall be processed as a Type II land use application, using the application
requirements of Section 5.102.02, except additional exhibits required under
Section 5.102.02.8 are limited to sign information required under Section
3.110.05.8, and using the standards and design guidelines of Section 3.110
as approval criteria. A Type II sign application may be processed
concurrently with a separate Type II or III development application.
FINDING: The applicant submitted a Type II Sign Design Review request to
allow a 50 square foot pole sign 15 feet in height to be located in the landscaped
area on the north west corner of tax lot #106 and a 50 square foot pole sign 15
feet in height to be located in the landscaped area on the north east corner of tax
lot #107.
Section 3.110.08 General Requirements
A. Landscaping: Permanent freestanding signs shall be located in a
planted landscaped area which is of a size equal to at least twice the
sign area. The landscaped area shall be improved and maintained
subject to the landscaping standards of Section 3.106.
FINDING: The proposed 50 square foot pole signs are proposed to be located in
lawn areas that are more than twice the size of the sign areas. This approval
criterion is met. A condition of approval is that the property owner shall be
responsible for maintaining all landscaping in good condition so as to present a
healthy and orderly appearance. Unhealthy and dead plants shall be removed and
replaced in conformance with the original landscape plan. This approval criterion is
met.
B. Location: No portion of a freestanding sign shall be located less than
five feet from any boundary property line.
FINDING: The proposed pole signs are proposed to be located more than 5 feet
from adjacent property lines. This approval criterion is met.
Section 3.110.09 Design Guidelines for Type /I Sign Applications
A. Each sign should be designed to be consistent with the architectural
style of the main building or buildings upon the site.
FINDING: No buildings are proposed on the subject properties. This design
guideline is not applicable.
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 37 of40
B. Signs located upon the site with only one main building should be
designed to incorporate at least one of the predominately visual
elements of the building, such as type of construction materials or
color. Each sign located upon a site with more than one building, such
as a complex or other nonresidential development, should be designed
to incorporate at least one predominate visual design element common
to all such buildings or a majority or the buildings.
FINDING: No buildings are proposed on the subject properties. This design
guideline is not applicable.
C. Multiple signs located within a single development, or complex should
have a common design established through the use to similar sign
colors and materials, sign supports, method of Illumination, sign
cabinet or other configuration of sign area, shape of sign and
components, and letter style and size.
FINDING: The applicant is proposing two signs on the subject properties that are
identical in appearance. Both pylon signs are 50 square feet in size and 15 feet in
height. The cabinets are oval in shape and the colors on the cabinets and pole
covers are dark blue for the background, with white copy and silver trim. This
design guideline is met.
D. Sign colors and material should be consistent with the color scheme
and materials used in the development. The use of fluorescent colors
or similar highly reflective materials should be discouraged.
FINDING: No buildings are proposed on the subject properties. No fluorescent
materials will be used. This design guideline is met.
E. Supporting elements of pole signs should be covered consistent with
subsection (D) above. The total width of pole covers should be at least
30 percent of the sign display width.
FINDING: No fluorescent materials will be used on the pole covers. The proposed
pole signs have 11 feet, 2 inches in sign display area that requires approximately 3
feet of pole cover width. The applicant is proposing a 3 foot pole cover width which
meets the intent of the above sign design guideline.
F. Freestanding signs should appear to be a single unit and should not
have separated or detached cabinets or reader boards that are not
architecturally integrated into the primary sign display area.
FINDING: The proposed pole signs have a single cabinet. This design guideline is
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 38 of 40
met.
Section 3.110.16 Permitted Signs-Commercial General District (CG)
Signs in the CG District shall be subject to the following provisions and all
other applicable provisions of Section 3.110 and the WOO.
A. Pole Sign.
1. Single Tenant Site
a. A pole sign is permitted on a street frontage that exceeds 100
lineal feet not to exceed one pole sign on a single tenant site. A
pole sign shall be permitted instead of a monument sign.
b. A pole sign on a street with 300 lineal feet or more but less than
600 lineal feet of frontage shall not exceed 15 feet in height and
50 square feet in area.
FINDING: The subject properties consist of two sites that are separated
from one another by Hillyer Lane. One pole sign is allowed on each
separate site. The pole sign proposed on the north side of tax lot #1 06 is
oriented toward Newberg Highway. Tax lot #106 has 474.15 feet of
frontage on Newberg Highway which allows for a 50 square foot pole sign
not to exceed 15 feet in height. The applicant is proposing a 50 square
foot pole sign that is 15 feet in height that complies with the above stated
requirement.
The proposed pole sign on the north side of tax lot #107 is oriented
toward Hillyer Drive. Tax lot #107 has 325.76 feet of frontage on Hillyer
Lane which allows for a 50 square foot pole sign not to exceed 15 feet in
height. The applicant is proposing a 50 square foot pole sign that is 15
feet in height that complies with the above stated requirement.
H. General Standards.
3. Illumination: Externally or internally illuminated signs are
permitted and such signs shall not cast a glare.
FINDING: Both of the proposed pole signs are internally illuminated. A
condition of approval is that the proposed pole signs shall not cast a glare.
Section 5.103.02 Design Review for All Structures 1000 Sq. Ft. OR
MORE
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 39 of 40
C. Criteria. The criteria are pursuant to the standards and guidelines of
Section 3.1. And other applicable sections of the WDO.
FINDING: Compliance of the applicant's proposal with the applicable standards and
guidelines of the WDO is discussed throughout this report. This approval criterion is
met.
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 40 of 40
,..
EXHIBIT "C"
CONDITIONS OF APPROVAL
COMMUNITY DEVELOPMENT DEPARTMENT:
CONDITIONAL USE 04-10. DESIGN REVIEW 05-03 & SIGN DESIGN REVIEW
06-06:
1. The proposed development shall be in substantial conformance with the
attached preliminary plans provided in Exhibit "A" (Overall Site Plan sheet
A 1.1, Enlarged Site Plan pages A 1.2 & A 1.3, Enlarged Lighting Plan pages
A 1.4 & A 1.5, Planting Plan page L 1.1 & L 1.1 B, Irrigation Plan pages L 1.2 &
L 1.2B date stamped March 7, 2006 and Sign Design Plan and Elevation date
stamped May 31, 2006), except as herein modified by these conditions of
approval.
2. All vehicle parking areas shall be graded and paved and storm drainage
facilities provided as required by the Public Works Director.
3. A final lighting plan shall be submitted to the Community Development
Department for review and approval prior to installation. All outdoor lighting
shall be indicated on the lighting plan showing that lighting does not cast a
glare onto moving vehicles on any public street.
4. The internally illuminated proposed pole signs shall be constructed so as not
to cast a glare.
5. All shrubs and ground cover shall be of a size upon installation so as to
attain 80% of ground coverage within 3 years.
6. The property owner shall be responsible for maintaining all landscaping in
good condition so as to present a healthy and orderly appearance.
Unhealthy and dead plants shall be removed and replaced in conformance
with the original landscape plan.
7. The property owner/applicant shall submit to the Community Development
Department a signed "Acceptance of Conditions" agreeing to all conditions of
approval prior to the issuance of building permits for the project.
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 1 of 3
PUBLIC WORKS
GENERAL CONDITIONS:
8. Final plans shall conform to the construction plan review procedures and
standards.
9. The applicant, not the city, is responsible for obtaining permits from any state
and/or federal agencies that may require approval and/or permit.
10. South Woodland Avenue was recently resurfaced. No open street cuts will
be allowed unless otherwise permitted through the Public Works
Department.
11. System Development fees shall be paid at the time of building permit
Issuance.
STREET AND DRAINAGE:
12.The Oregon Department of Transportation (ODOT) in accordance with OAR
734-051 regulates access and street improvement requirements to Newberg
Highway and Hillyer Lane, the Boundary Streets.
13.South Woodland Avenue, the Boundary Street, currently provides a 90-foot
right of way and 44 foot curbed improved surface with sidewalks on both
sides of the street. The current Woodburn Transportation System Plan (TSP)
designates this portion of South Woodland as a minor arterial. The updated
TSP, which is included as a component in the periodic review documents that
are currently in the approval process, downgrades South Woodland Avenue
to an access street. The current street improved width and right of way
exceeds the requirements for an access street.
14.The existing storm sewer system within Hillyer Lane is an ODOT facility.
Permits shall be obtained from ODOT for connection from them. On-site
detention shall be provided in accordance with the Storm Water Management
Plan. Hydraulic analysis shall be provided to the Public Works Department
for review and approval.
15.The storm water SDC shall be paid prior to construction of the new impervious
surface.
SANITARY SEWER:
16.The existing sanitary sewer main within South Woodland Avenue can provide
wastewater service to the development. Service lines shall not be installed in
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 2 of 3
the public right of way as shown on the plan except at the point of connection
to the city system.
17.Separate sanitary sewer service shall be provided to each parcel. The private
easement crossing the adjacent parcel may be required for the Southeast
parcel.
WATER:
18.The existing water main on the east side of the subject property or the West
side of South Woodland Avenue can be utilized to provide for both domestic
and fire protection service. If an additional fire hydrant is required by the
Woodburn Fire District, then the water main and hydrant will be a city
maintained system and installed by the applicant and constructed and
permitted in accordance with public works requirements.
19.Domestic and lawn irrigation metered service, if installed, shall require the
installation of a proper type of backflow preventer. Contact Larry Arendt, City
of Woodburn Cross Connection Inspector, for type and installation
requirements at 503-982-5283.
20.Fire protection requirements shall comply with the Woodburn Fire District's
standards and requirements.
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 3 of 3