Agenda - 9/11/2006
CITY OF WOODBURN
CITY COUNCIL AGENDA
SEPTEMBER 11, 2006 - 7:00 P.M.
KATHRYN FIGLEY, MAYOR
WALTER NICHOLS, COUNCILOR WARD 1
RICHARD BJELLAND, COUNCILOR WARD II
PETER MCCALLUM, COUNCILOR WARD III
JAMES COX, COUNCILOR WARD IV
FRANK LONERGAN, COUNCILOR WARD V
EUDA SIFUENTEZ, COUNCILOR WARD VI
CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. The Woodburn Public Library is now open again on Sunday
afternoons from 1 :00 p.m. to 5:00 p.m.
B. The Celebration of Mexican Independence (September 16) will
be held on September 16 and 17, 2006 at The Downtown
Plaza. There will be a parade, family and cultural activities,
mariachis, food, games, and prizes. There will be activities
both days from 10 a.m. to 9 p.m. with the main event,
Celebration of Grito, at 6 p.m. on the 17th.
Appointments:
C. Recreation and Parks Board - Judy Wesemann
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4. PROCLAMATIONS/PRESENTATIONS
Proclamations:
A. IMLA - September 17-20, 2006
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B. Public Works Week - September 18-22, 2006
Presentations:
None.
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5. COMMITTEE REPORTS
A. Chamber of Commerce
B. Woodburn School District
uHabra interpretes oisponibles para aquellas personas que no bablan Ingles, previa acueroo. Comunlquese
al (503) 980-2485:'
September 11, 2006
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6. COMMUNICATIONS
None.
7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items
for Council consideration not already scheduled on the agenda.
8. CONSENT AGENDA - Items listed on the consent agenda are considered
routine and may be enacted by one motion. Any item may be removed
for discussion at the request of a Council member.
A. Woodburn City Council minutes of August 14, 2006, regular and 4
exec utive session
Recommended Action: Approve the minutes.
B. Woodburn Planning Commission minutes of August 10, 2006 15
Recommended Action: Accept the minutes.
C. Woodburn Planning Commission draft minutes of August 24, 23
2006
Recommended Action: Accept the draft minutes.
D. Recreation Services Division Attendance Report July 2006 30
Recommended Action: Receive the report.
E. Recreation Services Division Attendance Report August 2006 31
Recommended Action: Receive the report.
F. Recreation Services Division Revenue Report through July 31, 32
2006
Recommended Action: Receive the report.
G. Recreation Services Division Revenue Report through August 34
31, 2006
Recommended Action: Receive the report.
H. Planning Project Tracking Sheet dated September 7,2006 36
Recommended Action: Receive the report.
I. Police Department Statistics - August 2006 39
Recommended Action: Receive the report.
September 11, 2006
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9. TABLED BUSINESS
None.
10. PUBLIC HEARINGS
None.
11. GENERAL BUSINESS - Members of the public wishing to comment on items of
general business must complete and submit a speaker's card to the City
Recorder prior to commencing this portion of the Council's agenda.
Comment time may be limited by Mayoral prerogative.
A. Council Bill 2637 - Ordinance granting a Comprehensive Plan 45
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.
04-10, 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.
Recommended Action: Adopt the ordinance.
B. Council Bill 2638 - Ordinance adopting certain state specialty 92
codes; setting forth the powers and duties of the Building
Official; providing for procedures and fees; establishing
penalty provisions; repealing Ordinance 2293 and declaring
an emergency
Recommended Action: Adopt the ordinance.
C. Council Bill 2639 - Resolution entering into the Job Access 102
Reverse Commute Agreement for FY 2006-2008 with the Salem
Area Transit District and authorizing the City Administrator to
sign such agreement
Recommended Action: Adopt the resolution.
D. Country Club Road street Improvements 107
Recommended Action: Award construction contract to the
lowest responsible bidder, Parker Northwest Paving Company,
Inc. for street, storm drain and undergrounding improvements
on Country Club Road in the amount of $433,581.96.
September 11, 2006
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E. Contract Award - Laurel Avenuej99E (Aztec to Tomlin) 109
Watermain
Recommended Action: Award a contract to the lowest
responsible bidder, ML Houck Construction, in the amount of
$171,044.40.
F. Acceptance of Public Rights of Way on Front Street at Tout 111
Street Intersection
Recommended Action: Accept the Public Rights of Way as
described on Attachment "A."
G. Easement Acceptance, 489 Grant 117
Recommended Action: Accept the Permanent Utility
Easement from Jonathan W. Edy, 489 Grant street.
H. Finance Director Employment Agreement 122
Recommended Action: Approve and authorize the City
Administrator to execute an employment agreement with D.
"Benj." Gillespie, Finance Director, effective October 1,2006.
I. City Attorney Employment Agreement 132
Recommended Action: Approve and authorize the Mayor to
execute the attached Addendum "E" to the City Attorney's
employment agreement.
12. NEW BUSINESS
13. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These
are Planning Commission or Administrative Land Use actions that
may be called up by the City Council.
A. Planning Commission approval of Partition 06-03 and Variance 136
06-06 located at 917 N. Cascade Drive
B. Planning Commission approval of Partition 06-02, Variance 136
06-05 and Variance 06-09 located at 1645 W. Hayes street
C. Planning Commission approval of Design Review 05-14 located 138
east of Highway 99E and north of Aztec Drive (Industrial
Welding Supply)
D. Community Development Director approval of Design Review 140
06-11 located at 1475 Mt. Hood Avenue (Wellspring Medical
Center)
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E. Community Development Director approval of Design Review 142
06-07 located at 1785 N. Front Street (Woodburn High School)
14. CITY ADMINISTRATOR'S REPORT
15. MAYOR AND COUNCIL REPORTS
16. EXECUTIVE SESSION
A. To conduct deliberations with persons designated by the
governing body to carryon labor negotiations pursuant to
ORS 192.660(1)(d).
17. ADJOURNMENT
September 11, 2006
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September 6, 2006
FROM:
City Council
Kathy Figley. Ma~Y
Recreation and Parks Board Appointment
TO:
SUBJECT:
The following appointment is made, subject to the approval of the Council.
Please forward any adverse comments to me prior to the Council meeting on
Monday, September 11, 2006. No reply is required if you approve of my
decision.
RECREATION AND PARKS BOARD
Position V - Judy Wesemann - term ends 12/31/06
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4A
WOODBURN
ORE G 0 N
Incorporated 1889
PROClAMATION
International Municipal Lawyers Association (IMLA)
2006 Annual Meeting
September 17-20, 2006
WHEREAS, the International Municipal Lawyers Association (IMLA) is a non-
profit, professional organization that has been an advocate and resource for local
government attorneys since 1935; and
WHEREAS, five years ago the IMLA Board of Directors accepted a proposal
presented by its Oregon members to hold the 2006 IMLA Annual Meeting in Oregon; and
WHEREAS, the IMLA Annual Meeting has been held in a variety of cities
throughout North America and was last held in Oregon in 1946; and
WHEREAS, Woodburn City Attorney serves on the IMLA Host Committee and
the City of Woodburn wants to acknowledge the 2006 IMLA Annual Meeting;
NOW THEREFORE, I, Kathryn Figley, Mayor of the City of Woodburn, proclaim
that the Mayor and City Council of Woodburn are honored that Oregon is hosting the
2006 IMLA Annual Meeting from September 17-20, 2006 and that all IMLA members and
their families are cordially welcomed to Oregon.
IN WITNESS REOF, I have hereunto set my hand and caused the seal of the
City of Woodburn to be a fixed this 6th day of September 2006.
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Office of the Mayor
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4B
PROCLAMATION
PUBUC WOBJ.<S WEEK 2006 IN WOODBURN
WHBllBAS, PUBLIC WORKS SERVICES PROVIDED IN OUR COMMUNTIY ARE
AN INTEGRAL AND NECESSARY PART OF OUR CITIZENS' EVERYDAY LIVES; AND
WHEllBAS, THE HEALTH, SAFETY, COMFORT AND ECONOMIC VITALTIY OF
THIS COMMUNTIY GREATLY DEPENDS ON THE FACILITIES AND SERVICES SUCH
AS WATER, WASTEWATER COLLECTION AND DISPOSAL, TRANSPORTATION,
STREET, BUILDING AND PARKS MAINTENANCE, ETC. AND
WHEllBAS, THE QUALTIY AND EFFECTIVENESS OF THESE FACILmES, AS
WELL AS THEIR PLANNING, DESIGN, AND CONSTRUCTION ARE VITALLY
DEPENDENT UPON THE EFFORTS AND SKILLS OF THE PUBLIC WORKS OFFICIALS;
AND
WHlUUlAS, THE EFFICIENCY OF THE QUALIFIED AND DEDICATED
PERSONNEL WHO STAFF PUBLIC WORKS DEPARTMENTS ARE MATERIALLY
INFLUENCED BY THE PEOPLE'S ATTITUDE AND UNDERSTANDING OF THE
IMPORTANCE OF THE WORK THEY PERFORM; NOW lHEREFORE,
BE IT RESOLVED, THAT I, KATHY FIGLEY, MAYOR OF THE CTIY OF
WOODBURN, OREGON, DO HEREBY PROCLAIM SEPTEMBER 18-22, 2006 AS
/'PUBUC WORKS WEEK" IN WOODBURN, OREGON, AND CALL UPON ALL
CmZENS AND CIVIL ORGANIZATIONS TO ACQUAINT THEMSELVES WITH THE
PROBLEMS INVOLVED IN PROVIDING OUR PUBLIC WORKS AND TO RECOGNIZE
THE CONTRIBUTIONS THAT PUBLIC WORKS OFFICIALS MAKE EVERY DAY TO OUR
HEALTH, SAFETY AND COMFORT.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND
CAUSED THy SEAL 0 E CITY OF WOODBURN TO BE AFFIXED THIS 6TH DAY
OF SE EiffiER 2006.
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COUNCIL MEETING MINUTES
AUGUST 14,2006
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000 1 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, AUGUST 14,2006.
0018 ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Figley
Bjelland
Cox
Lonergan
McCallum
Nichols
Sifuentez
Present
Absent
Present
Present
Present
Present
Present
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director
Tiwari, Community Development Director Allen, Senior Planner Zwerdling, Police
Captain Tennant, Recreation Services Manager Patterson, Public Works Manager
Rohman, City Recorder Tennant
For the record, Mayor Figley stated that Councilor Bjelland was out of town.
0054 ANNOUNCEMENTS.
A) Music in the Park: Upcoming performances in Library Park are as follows:
August 15 2006: Molly's Revenge, 7:00 p.m.
August 22, 2006: The Ty Curtis Band, 7:00 p.m.
B) KaBoom! Playground project is still in need of volunteers to work on construction
day, August 24, 2006, beginning at 7:00 a.m.. The playground will be built at Nelson
Park which is located on Greenview Drive. Mayor Figley stated that the KaBoom
Foundation and Home Depot are donating $25,000 worth of equipment as well as some
labor for assembling the playground. The City's donation is some preparation work and
volunteer time to help with the equipment assembly so that the project can be completed
in one day. She urged citizens who have some time available to contact the Recreation
and Parks Department to sign-up as a volunteer.
Administrator Brown stated that there was a $10,000 contribution required as part of the
grant and this contribution was generously made by the Burlingham Trust.
C) Filing Period for Mayor and Council positions: Mayor Figley stated that the filing
period will end on Tuesday, August 29, 2006 at 5:00 p.m. and citizens interested in
running for office are encouraged to contact the City Recorder as soon as possible since
the filing requirements are more involved than in past years.
0244 CHAMBER OF COMMERCE REPORT.
Nick Harville, Chamber Executive Director, stated that the Chamber is looking forward
to moving to their new office located at the comer of Front and Lincoln Street. This
building will have a meeting space on the second floor and it will include a kitchen
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facility. He stated that there are some historical aspects to this building and, during the
remodeling process, there were some original windows uncovered under some plywood.
One of the rooms upstairs will be named the Marion Room since, many years ago, this
building used to be the Marion Hotel and the flooring upstairs has the original stain on the
floor showing where the hallway and doorways were located. The walls are double-brick
and each of the rooms had woodburning stoves. The front upstairs room will be called
the Lincoln Room.
Mr. Harville stated that he has been working with a group of Chamber members who are
merchants on Highway 99E to do an assessment of what needs to be done on Highway
99E to help merchants along this highway attract more people to their businesses. The
next step is to develop a strategic plan and next month the group will meet with ODOT to
discuss future ODOT projects. The group is also following the City's Economic
Development Plan as part oftheir planning process.
He stated that the Branding Process is in its final stages and a tag line and logo have been
decided upon. However, he emphasized the fact that this whole process is more than tag
line and logo in that it provides descriptive words for marketing Woodburn and in trying
to create a new image with a lot of the image creation being related back to a business or
an individual's experience beginning with their research into our community. The
Chamber's job will be to continue to work with the community so that the experience is
consistent.
Mr. Harville stated that another project the Chamber has begun is a Work Force
Development Program involving the four surrounding school districts and large
businesses from the area. This program will assist students in seeing what careers are
available within our community, provide a skill assessment to students, and then mark out
a career path so that the student can plan their educational pathway. The Chamber is also
working with E-3 (Enterprise for Education) and the Chamber is applying for a 3-year $2
million grant that will work on developing certified programs for positions such as
warehousemen, fork lift operations, and warehouse management.
0725 WOODBURN SCHOOL DISTRICT REPORT.
Walt Blomberg, School Superintendent, stated that the Board will have a bond measure
before the voters in the November 2006 General Election in the amount of$40.5 million.
The bond proceeds will pay for land and construction costs for a SOO-student elementary
school, expansion of Valor Middle School, expansion of Nellie Muir School, and
expansion to the Woodburn High School Annex. The bond would be paid off over a 20-
year period and the estimated tax rate is $2.16 per $1,000 assessed value for the first year
and $1.97 per $1,000 assessed value for each year thereafter. In regards to student
assessments, there has been a lot of growth in the reading scores in grades 3, 5, and 8 with
over 20% more students meeting the standards. In math, there is also a steady growth but
it is not as dramatic as reading with the growth ranging from 5%-15%. The District's
biggest concern is at the high school level which is one reason for the District's decision
to move towards the small schools concept. The High School Annex will not be
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completed at the start of school and it is anticipated that the Annex will be ready for use
in November. He stated that the School District is pleased to work with the Chamber and
E-3 in order to better connect the schools with the business community.
0990 Betty Stuchlik, 938 Oregon Way, voiced her concern about the amount of truck traffic
that travels down Oregon Way since the drivers miss the earlier turns off of Highway 214
to Wal-Mart which allows overnight parking in their parking lot. She suggested that a
"No Truck" sign be placed on the traffic signal light structure which is a sign that is seen
in some communities. She had recently been to Wal-Mart on a Sunday morning and
counted 29 semi-trucks and 4 or 5 RV's in the parking lot. She stated that she had briefly
discussed this issue with the Public Works Director but wanted to make the Council
aware of the problem.
Mayor Figley stated that the City will take a closer look at the problem to see if anything
can be done.
1200 CONSENT AGENDA.
A) approve regular and executive session Council minutes of July 24, 2006;
B) accept the draft Planning Commission minutes of July 13, 2006;
C) accept the Building Activity report for July 2006;
D) receive the Planning Project Tracking Sheet dated July 31,2006; and
E) receive the Police Department Statistics report for July 2006.
MCCALLUM/COX n. adopt the Consent Agenda as presented. The motion passed
unanimously.
1264 PUBLIC HEARING: COMPREHENSIVE PLAN MAP AMENDMENT 04-02.
ZONE CHANGE 04-03. CONDITIONAL USE 04-10. DESIGN REVIEW 05-03.
AND SIGN DESIGN REVIEW 06-06 FOR PROPERTIES LOCATED SOUTH OF
NEWBERG HIGHWAY. EAST OF SOUTH WOODLAND AVENUE. AND WEST
OF 1-5 (West of Hillver's Mid-City Ford Dealership).
Mayor Figley declared the public hearing open at 7:23 p.m..
For the record, Mayor Figley stated that she has driven by the site repeatedly both in
reference to the current application and in just driving by the location over the years and,
in the course of social conversations, had some feedback from a couple of Planning
Commissioners expressing their opinion. However, she was prepared to form her own
opinion on the basis of this hearing.
Councilor Nichols stated that he has driven by the subject lots many times.
Councilor Lonergan stated that he is also very familiar with the location of the property.
Councilor McCallum stated that he is familiar with the property and he also knows both
~1r. Baker and Mr. Hillyer. He had viewed the proceedings of the Planning Commission
on television which are reflected in the Planning Commission minutes.
Recorder Tennant read the land use statement required under ORS Chapter 197.
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1711 Senior Planner Zwerdling stated that the City did receive a Legal Memorandum and
objection from Attorney Donald Kelly and a copy of that document was distributed to the
Council just prior to this meeting.
She stated that the application consists of two (2) properties (tax lots #106 and #107) and
the applicant is proposing a Comprehensive Plan map amendment on both properties to
change the designation from "Industrial" to "Commercial", proposing to change the
zoning from "Light Industrial" to "Commercial General", requested a design review
conditional use request, and a sign design review for an auto dealership for just display
and storage of the vehicles. It was noted that the properties located to the east and to the
north of the subject property are currently zoned commercial general and are the location
of auto dealerships. The property located to the west and to the south are zoned light
industrial and are the location of the WinCo distribution facility and Do It Best Hardware
distribution facility. She stated that in addition to the materials submitted by the
applicant on this land use application, the City's legislative amendment 05-01 (Periodic
Review and Urban Growth Boundary amendment application) calls for the designation of
the northern parcel (tax lot 106) to be changed to commercial. It was also noted that tax
lot 107 has been partitioned off from the original parcel which is the location of the
WinCo distribution facility and WinCo is not in need ofthat parcel for future expansion.
Additionally, there is a significant portion of the dealership site located to the east of the
subject property that is being used for detention (south portion of current dealership site)
so the applicant is proposing to expand the use ofthe dealership onto these two adjacent
tax lots rather than relocating to another area or city. The Planning Commission has
recommended approval of land use application and attached to the staff report were all of
the background documents for Council review.
Mayor Figley questioned if the staff had received any comments from the State on this
application since the property is located near the interchange.
Senior Planner Zwerdling stated that staff is required to give a 45-day notice to DLCD
prior to the first evidentiary hearing which was done by staff. As a response, the State felt
that this was a logical expansion of an existing commercial activity so they did not have
any objections to this application.
2183 Attorney Wally Lien, applicant representing the property owner, mentioned that there are
a number of conditions of approval and the property owner is in agreement with those
conditions. It was noted that most of the conditions had a calendar year 2004 date but it
has taken almost two years since the time the original comprehensive plan application
was filed. The site design application came after the submittal of the original application
since it had been the applicant's opinion that the Code did not require a site design review
since there are no buildings planned for these parcels. The site design review does
address landscaping, parking layout, and lighting plans and just recently the sign code
application was added thereby making this a complete package covering all of the
elements of the dealership. He reiterated that there are no structures planned for this
parcels at this time and it will be a display and storage lot for the dealership. As
mentioned previously, the dealership had lost a significant amount ofland to the south of
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the existing dealership to the detention basin and the economic plan for the dealership
needed the display and storage along the area that was lost. These parcels will replace
area that was lost when the detention basin was constructed. He stated that he did have
some responses to the information submitted by Attorney Kelley and, since neither
Attorney Kelley or his client were present, he did not feel that he wanted to spend a lot of
time on the Legal Memorandum. This document was received today through the courtesy
of the Planning staff. He did state for the record that Attorney Kelley continues to bring
up the argument relating to ownership of the property and, for the record, the deed goes
back to Davidson Farms then to WinCo then to Waremart and finally to Leo & Renee
Hillyer on June 15,2005. He also stated that there is a case called Bruce Pack v City of
Silverton and LUBA's decision was that an applicant needs to have evidence of their own
in order to back up there issues. In this case, there are a number issues presented in this
legal memorandum which, in his opinion, do not have any evidence that would be of any
issue. He expressed his opinion that this case will most likely go to LUBA and he is
confident that the Planning Commission and staff have made the right decision and he is
ready to defend that position before LUBA assuming that the Council agrees with the
staff over all of the objections.
Councilor Lonergan expressed his appreciation to the applicant for providing a
landscaping plan that calls for more trees than required, and he questioned the reasons
behind the additional trees.
Attorney Lien stated that the trees along Highway 219 are bunched around on the comers
and other sides of the property and the trade-off is that there are not as many trees around
the areas of high visibility.
Councilor Nichols questioned the location of the other signs.
Attorney Lien stated that one sign will be located at the comer of Woodland A venue and
Highway 219 and the other sign will be on the northeast comer of the southern parcel.
These pole signs will be IS' in height.
Councilor Cox questioned Mr. Lien as to whether or not it is important to have his
response to Mr. Kelley's Legal Memorandum in the record before the Council makes a
decision on this application.
Mr. Lien stated that he was okay with not having a written response in the record.
Mayor Figley declared the public hearing closed at 7:47 p.m..
3016 Councilor Cox concurred with the Planning Commission and staff in that this was a good
application and expansion of the dealership to these two parcels are an excellent way to
utilize the land. He felt that the Planning Commission's findings did not always express
concurrence with applicant's position and he hoped that the final ordinance that is
adopted will make clear in the findings that the Council concurs with the applicant's
statements.
Councilor Lonergan stated that, for the most part, he concurs with the applicant's
statement but referred to page 1 7 of the application and did not agree with the statement
regarding the dealership being placed back onto an even footage with the other
dealerships. He did not feel that the Council should make all businesses equal to each
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other.
Attorney Shields stated that staff will go through the application carefully and will
preserve the substance of the findings but clarify that it is the City Council making and
explaining its decision.
Mayor Figley stated that this is a logical extension of an existing business.
3487 COX/MCCALLUM... approve these applications and direct staff to return with an
ordinance and proposed findings to support that decision concurring with the Planning
Commission's action and to make some minor editorial changes as discussed at this
meeting. The motion passed unanimously.
3542 COUNCIL BILL NO. 2636 - ORDINANCE AMENDING ORDINANCE 2138
GRANTING AUTHORITY AND ESTABLISHING PROCEDURES FOR
INVENTORY SEARCHES BY THE WOODBURN POLICE DEPARTMENT
(Second Readine).
Mayor Figley called for the second reading of Council Bill No. 2636 which had been
introduced at the July 24,2006 Council meeting but did not pass at that meeting since the
bill had not received unanimous Council approval.
Recorder Tennant read the second reading of the bill by title only since there were no
objections from the Council.
Councilor Cox stated that he is still opposed to the proposed ordinance for the reasons he
had stated at the last Council meeting. He reiterated that the change was requested by the
Marion County District Attorney's office and he felt that if they were so concerned about
this issue then they would have been in attendance at this meeting to advocate the
ordinance amendment.
On roll call vote for final passage, the bill passed 4-1 with Councilor Cox voting nay.
Mayor Figley declared Council Bill No. 2636 duly passed with the emergency clause.
3704 ACCEPTANCE OF PUBLIC UTILITY EASEMENT AT 591 GATCH STREET.
Staff recommended the acceptance of the easement from Mid-Valley Community Church
for future maintenance of a water main which provides fire protection for the school
located at 575 Gatch Street.
NICHOLS/MCCALLUM... accept the public utility easement as described on
Attachment "A" of the staff report at 591 Gatch Street. The motion passed unanimously.
3754 ACCEPTANCE OF PUBLIC UTILITY EASEMENT FROM CAPITAL
DEVELOPMENT (Town Center Subdivision).
Staff recommended the acceptance of an easement from Capital Development Company
which will provide for the installation of franchised utilities adjacent to Evergreen Road.
~ICHOLS/COX... accept the public utility easement as described in Attachment "A" of
the staff report. The motion passed unanimously.
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3804 OLCC CHANGE OF OWNERSHIP: SALVADOR'S BAKERY. 405 N First Street.
A liquor license application for a Change of Ownership (Limited On-Premise Sales
license) was submitted by Daniel and Lela Quiroz (Key Rose Enterprises, Inc.) who have
recently purchased the business.
LONERGAN/SIFUENTEZ... approve a change of ownership application for Salvador's
Bakery.
Councilor McCallum questioned if the new owners are under a voluntary compliance
plan.
Captain Tennant stated that there has only been one incident at that location within the
last year which was a violation of OLCC involving the sale of alcohol to a minor. The
previous owner of Salvador's Bakery had not been under a compliance plan with the City.
The new corporation has not had any violations and staff did not offer a voluntary
compliance plan to the new owners, however, OLCC is still working with the new owners
on their license application. In some cases, the Police Department has worked with some
new businesses to obtain a voluntary compliance plan following a review of information
obtained as a part of the background investigation.
The motion passed 4-1 with Councilor Nichols voting nay.
3981 OLCC CHANGE OF OWNERSHIP - PERLA'S RESTAURANT. 553 N. Front
Street.
A liquor license application for a Full On-Premises Sales Change of Ownership was
submitted by Maricela Gutierrez who has recently purchased Perla's Restaurant located at
553 N. Front Street.
COX/SIFUENTEZ... approve the Change of Ownership application for Perla's
Restaurant and inform OLCC ofthis approval.
The motion passed 4-1 with Councilor Nichols voting nay.
4037 CANCELLATION OF AUGUST 28. 2006 REGULAR COUNCIL MEETING.
MCCALLUl\'I/SIFUENTEZ... cancel the regular Council meeting scheduled for August
28, 2006. The motion passed unanimously.
4096 CITY ADMINISTRATOR'S REPORT.
City Administrator Brown reminded the Council that the annual League of Oregon Cities
conference will be held September 28-30, 2006 in Portland. He requested that Councilors
planning on attending contact his office within the next couple of weeks so staff can
proceed with registration.
In regards to the status of hiring a Library Manager, he stated that he had received back a
signed Acceptance of Conditional Offer and a signed employment contract from an
individual who currently resides in Houston, Texas. He has also extended a hiring offer
to an individual from Yakima, Washington for the Aquatic Center Manager position.
Both of these positions will start during the first part of September. Lastly, the
Page 7 - Council Meeting Minutes, August 14,2006
10
"......
COUNCIL MEETING MINUTES
AUGUST 14,2006
TAPE
READING
recruitment for a Community Services Director will begin later this week utilizing a
number of professional websites, publications, and direct mailings to various agencies.
4285 MAYOR AND COUNCIL REPORTS.
Councilor Nichols thanked property owners who have taken the time to trim their bushes
and trees that overhang onto the sidewalks thereby making it possible for citizens to fully
utilize the sidewalk for walking purposes.
Councilor McCallum stated that the Mayor and Councilors had participated in this year's
Fiesta parade and he thanked the Fire Department for loaning them an antique fire truck
which was brought back early from the Brooks Steam-up for this parade. He also
congratulated Councilor Sifuentez who was this year's Grand Marshall. In regards to
National Night Out, he thanked the Police Department for organizing this annual event.
Captain Telmant stated that there were approximately 40 different neighborhoods that
participated in this year's event.
Councilor McCallum questioned what is being planned regarding the future opening of
Meridian Drive between Highway 214 and Hazelnut.
Public Works Manager Rohman stated that there is an ODOT Environmental Assessment
project planned for the stretch of roadway between the Fire Station and Park Avenue.
Signalization of that intersection was discussed in the Highway 213 Alternatives Analysis
that the City completed in the year 2002 but there has not been a study done to determine
if warrants are met for signalization at this intersection. With the residential street soon
to be connected, staff anticipates that the warrants will be met and it will be later this year
before the Environmental Assessment begins and it may take 12-18 months to complete
the study. Upon completion of the study, improvements would then be dependent upon
funding availability.
Councilor Nichols questioned if staff has every taken pictures of that stretch of roadway
when cars are backed up from Boones Ferry Road to Front Street.
Public Works Manager Rohman stated that he has not taken any photographs of the
traffic congestion but he does know that ODOT is aware of the backlog.
Councilor McCallum expressed concern with how traffic will flow once Meridian Drive
becomes a through street to Hazelnut since motorists will take that route to get to Boones
Ferry Road rather than driving down to the traffic signal to make the turn onto Boones
Ferry Road.
Public Works Director Tiwari also stated that Fifth Street is not connected to Highway
214 and the City will need to fully evaluate the potential of opening of this roadway
before ODOT is approached regarding a traffic signal at this intersection. He expressed
his opinion that the roadway should be opened up for traffic flow to divert some of the
traffic from the Settlemier / Boones Ferry / Highway 214 intersection. He stated that
there was no guarantee made to local residents at the time a decision was made to install
the balTicr, however, there is a school located at Harrison and Fifth Street and this
roadway does need to be improved if a decision is made to open up the roadway.
Councilor Nichols question Director Tiwari's recollection of the barrier installation since
Page 8 - Council Meeting Minutes, August 14,2006
11
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COUNCIL MEETING MINUTES
AUGUST 14, 2006
TAPE
READING
he remembers a written agreement that was made when the Seventh Day Adventist
Church was built that would prohibit the connection of Fifth Street to Highway 214.
Director Tiwari stated that staff will still need to bring forth from a traffic perspective the
question of whether or not to open up Fifth Street even though there is a need to make
substantial improvements to Fifth Street if that does occur.
Councilor McCallum stated that it is necessary for the Council to be prepared short term
as well as into the future since any change will impact neighborhoods and the
infrastructure needs to be adequate to handle that type of additional traffic load.
Councilor Cox suggested that the Council make a policy decision within the next 6
months so that direction can be given to staff and conveyed to ODOT.
Public Works Manager Rohman stated that the City's Transportation System Plan does
include upgrading, improving, and connecting Fifth Street to Highway 214.
Richard Jennings, 595 Filbert Street, questioned how long the contractor will keep the
Meridian Drive roadway closed since they are currently building homes along that street
and he was under the impression that the roadway had to be accepted by the City before
any homes could be built.
Director Tiwari stated that he will have staff check on the status of the roadway and if all
of the construction requirements have been met then the roadway will be opened for
public travel.
Councilor Sifuentez questioned if the construction of the new Police Facility is still on
schedule.
Administrator Brown stated that staff is anticipating a move to the new facility in October
but there is some question about the timing since there are some windows and doors that
are on backorder. The last schedule he looked at had substantial completion taking place
the middle of August and about a month later the department could begin moving into the
facility.
5620 EXECUTIVE SESSION.
Mayor Figley entertained a motion to adjourn to executive session under the authority of
ORS 192.660 (1)(0, ORS 192.660 (l)(d), and ORS 192.660 (l)(i).
City Attorney Shields stated for the record that part of the executive session involves his
performance evaluation and he does have a conflict of interest where he cannot represent
the Mayor, Council, or the City, and he understands his right to have an open session for
his evaluation and he is waiving that right.
COX/SIFUENTEZ... adjourn to executive session under the statutory authority cited by
the Mayor. The motion passed unanimously.
The meeting adjourned into executive session at 8:21 p.m. and reconvened at 9: 17 p.m..
5720 Mayor Figley stated that the Council made no decisions while in executive session.
COX/NICHOLS.... in regards to the City Attorney's employment contract, he be
provided the regular COLA adjustment that he is entitled to under his contract but that
Page 9 - Council Meeting Minutes, August 14,2006
12
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COUNCIL MEETING MINUTES
AUGUST 14,2006
TAPE
READING
COLA adjustment be made effective August 1, 2006 which is the anniversary date of his
contract year. The motion passed unanimously.
5836 ADJOURNMENT.
NICHOLS/SIFUENTEZ.... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:20 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 10 - Council Meeting Minutes, August 14,2006
13
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Executive Session
COUNCIL MEETING MINUTES
AUGUST 14, 2006
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, AUGUST 14,2006.
CONVENED. The Council met in executive session at 8:24 p.m. with Mayor Figley presiding.
ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Figley
Bjelland
Cox
Lonergan
McCallum
Nichols
Sifuentez
Present
Absent
Present
Present
Present
Present
Present
Mayor Figley reminded the Councilors and staff that information discussed in executive session is not
to be discussed with the public.
Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant
The executive session was called under the following statutory authority:
1) To conduct deliberations with persons designated by the governing body to carry on labor
negotiations pursuant ORS 192.660 (1 )(d);
2) To consider records that are exempt by law from public inspection pursuant to ORS 192.660( 1 )(f)
and
3) To review and evaluate, pursuant to standards, criteria and policy directives adopted by the
governing body, the employment-related performance of the chief executive officer of any public body,
a public officer, employee or staff member unless the person whose performance is being reviewed and
evaluated requests an open hearing pursuant to ORS 192.660(1)(i).
City Administrator Brown and City Attorney Shields were in attendance for the deliberations on the
labor negotiations issue between 8:24 p.m. and 8:45 p.m.. City Attorney Shields returned to the
executive session at 9:00 p.m. and remained until its adjournment.
ADJO UR1'il\ lENT.
The executive session adjourned at 9: 14 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 1 - Executive Session, Council Meeting Minutes, August 14,2006
14
8B
WOODBURN PLANNING COMMISSION MEETING MINUTES
August 10, 2006
CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall
Council Chambers with Chairperson Lima presiding.
Chairperson Lima invited Commissioner Jenninqs to lead in the salute to the flag.
Chairperson Lima questioned members of the Planning Commission having potential conflicts
such as family, financial, or business relationship with any of the applicants or with regard to the
project in question. If such a potential conflict exists, he asked whether the commission in
question believes he or she is without actual bias or whether he or she would like to step down
from the Planning Commission during the case.
Chairperson Lima announced: agenda is available at the back of the room. We will consider
cases one at a time according to the order listed in the agenda. We will follow the hearing
procedure outlined on the public hearing procedure board. All persons wishing to speak are
requested to come to the podium and give their name and address. Any individuals speaking
from other than the podium will not be recognized.
ROLL CALL
Chairperson
Vice Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Lima
Bandelow
GrosJacques
Vancil
Grigorieff
Hutchison
Jennings
P
P
P
A
A
P
P
Staff Present: Jim Allen - Community Development Director
Jason Richling - Associate Planner
Marta Carrillo - Administrative Assistant
Jon Stuart - Assistant City Attorney
MINUTES
A. Woodburn Planning Commission Meeting Minutes of Julv 13. 2006.
Commissioner GrosJacques moved to accept the minutes as written with minor
changes. Vice-Chairperson Bandelow seconded the motion, which unanimously carried.
BUSINESS FROM THE AUDIENCE
None.
COMMUNICATIONS
A. Woodbum City Council Meeting Minutes of June 26, 2006
B. Woodburn City Council Meeting Minutes of July 10, 2006
Planning Commission Meeting August 10, 2006
15
Page 1 of 8
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PUBLIC HEARING
Chairperson Lima asked the Planning Commission if there are any exparte contacts, conflicts,
challenges or declarations. None.
Vice-Chairperson Bandelow stated that she was familiar with the property, but no conflicts of
interest.
A. Partition 06-03 & Variance 06-06, Request for preliminary partition approval to partition
the property located at 917 N. Cascade Drive into three (3) parcels and variance to
orient the front property line of proposed parcel #1 toward the private access easement
instead of Cascade Drive, Jess Doman, applicant.
Associate Planner RichlinQ read the appropriate ORS and proceeded with the Staff
Report.
STAFF REPORT
Slide #2
Subject property is located at 917 N. Cascade Dr., is 0.58 acres in area and is identified
as tax lot #2001 by Marion County Tax Assessor's Map Township 05S R2W, Section
12DA. There are no wetlands located on the subject site and is located outside the 500
year FEMA flood plain. The property is zoned Medium Density Residential (RM) and
designated residential greater than 12 units per acre on the comprehensive plan map.
Slide #3
The properties to the north and east across Cascade Drive are zoned RM, designated
residential greater than 12 units per acre on the comprehensive plan map and are
developed with residential care facilities.
To the north is the Pacific Living Center and across Cascade Drive (to the east) is
Cascade Park Retirement Center.
The property to the west is zoned Public/Semi-Public (P/SP), designated open space
and parks on the comprehensive plan map and developed as the Senior Estates
Country Club Golf Course.
The property to the south is zoned Single Family Residential (RS) designated residential
less than 12 units per acre on the comprehensive plan map and developed with a single-
family dwelling.
Slide #4
The subject site is currently vacant. The applicant proposes to divide the property into 3
single-family residential parcels. The parcels range in size from 6300 sq. ft. to 7396 sq.
ft. in area. Single-family residential dwellings are outright permitted in the RM zone.
Parcels 2 & 3 located to the west of parcel 1 are flag lots. All three parcels will access
north Cascade Drive via a 23 foot wide shared access easement. The access will border
Planning Commission Meeting August 10, 2006
16
Page 2 of 8
.. . ....,...
the north property line of the site near the existing curb cut creating an L-shape across
parcel 1, parcel 2 and accessing ultimately parcel 3.
The site is subject to limitations imposed by the conditional zone change on the site from
RS to RM as allowed by Council Ordinance No. 2322, which restricted uses on the site
to those permitted uses in the RM zone district with the exception of multi-family dwelling
units and any use classified as a conditional use.
The applicant's proposal to partition the subject property into three single-family
residential parcels is therefore consistent with the limitations imposed on the property by
Ordinance No. 2322.
The applicant's request met all the applicable standards of the WOO with the exception
of the proposed lot orientation of parcel 1, which is towards the access easement on a
north-south access rather than facing Cascade Drive. The WOO requires that a front lot
line be the lot line most parallel to the right of way. In this case, it would result in a 76
foot deep lot, which does not meet the standard for a single-family residential lot. Thus,
the reason for the variance is that the lot can be made to fit if it is rotated.
Staff recommends approval of the applicant's variance request. Section 1.102 of the
WOO requires a lot within measurement from the property line parallel to the public
street. The result of the variance approval is one additional single-family lot on the
subject site. The proposed partition is a small in-fill development. Surrounding parcels
are developed and preclude augmentation of the property to meet the 1 DO-foot average
minimum lot depth standard for parcel 1. If permitted to be oriented towards the shared
access easement, parcel 1 will have an average lot width of 76 % feet, average
minimum depth of 100 feet, both of which meet the standard of a single-family lot of a
60-foot width and a 100-foot depth. It will exceed the 6000 sq. ft. lot area and result in a
lot area of 7396 sq. ft.
Slide #4
Photo of the existing condition of the property is a part of the same decision that resulted
in the RM zoning. The Pacific Living Center established on the site to the north is also
shown in the photo. The subject site was originally to be the location of a second mirror
image portion of the living center, but the plan is no longer proposed. The applicant is
presenting an alternative.
Photo shows the west side of the Senior Estates Country Club Golf Course and
Cascade Drive to the east.
Slide #5
Shows the side frontage looking towards the north with the existing curb line sidewalk.
Staff is recommending a condition of approval to provide street trees consistent with
those provided by the Pacific Living Center to the north. The property is adjacent to the
golf course, but there is a 20-30 foot hedge of arborvitae abutting the property line. A
perspective from the south property line looking towards the north is the Pacific Living
Center. A perspective from the north looking towards the south is the existing single-
family home on the RS zoned, parcel to the south of the subject site.
Planning Commission Meeting August 10, 2006
17
Page 3 of 8
'-
Based on the information in the report, information provided by the applicant, and the
applicable review criteria, findings necessary to approve this proposal can be made.
Staff recommends approval of Partition 06-03 and Variance 06-06, subject to the
conditions of approval listed in the staff report.
He concluded his presentation and was available for questions.
Chairperson Lima asked the Planning Commission, if they had questions for staff.
Chairperson Lima stated that the Planning Commission received a copy of the letter
submitted to the Community Development Department.
Chairperson Lima invited the applicant to the podium for testimony.
Jess Doman, Nomarco, Inc. 160 First St., Gervais, OR, applicant. Doman stated that he
concurred with the findings in the staff report.
He stated that he had received a copy of the letter that was submitted to the Community
Development Department and the valid concerns voiced. Although the property is close
to the Senior Estates Golf Course, it is not subject to the code restrictions of Senior
Estates. Some issues were brought up that the homes could possibly be multi-family
type homes. An application has been submitted to build a 6' wood cedar fence on the
sides that don't have an existing fence according to the City's specifications, which is
along the back abutting the golf course and on the south side near to Cascade Drive.
There were other issues that arose in regard to the quality of housing. The current plan
is to build custom-built homes, but reserves the right to sell the lots individually. He
made available to the Planning Commission a photo of a finished product he designed
and built.
He made himself available for questions from the Planning Commission.
Vice-Chairperson Bandelow asked what the criteria was for selling the lots individually
and the concern about selling the lots and having a manufactured home placed on the
property and no CC&R's governing the property. She asked staff if there is anything
preventing a manufactured home from being placed on the site.
Doman stated that he was unaware that manufactured homes could be placed on the
partitioned lots. He stated that he is now the owner of the property and he does not plan
on placing manufactured homes on the property.
Associate Planner Richlinq stated that the code does allow a manufactured home on the
lot.
Commissioner Hutchison stated that in prior years, manufactured homes were for in-fill
lots. Now with the larger lot sizes and increased value of the land, it would make the
neighborhood look better with custom homes.
Doman stated that he had planned on partnering with the owner on the south property
and building similar custom homes. He was planning on building custom homes versus
Planning Commission Meeting August 10, 2006
18
Page 4 of 8
I. ...,...
.'
manufactured homes on the property similar to what is in the area now to maintain the
property value.
Chairperson Lima stated a concern of traffic generated on the easement with 3-bedroom
homes that would be built. The plan shows three homes built similarly with one driveway
being close to another driveway.
Doman stated that the possibility of a 3-bedroom home would be a 2-car garage that will
generate as much traffic as any other similarly built home.
Chairperson Lima invited Proponents of the project.
InQer Stioerts, 966 Oregon Way, Woodburn, OR 97071. She stated that the applicant
had resolved the concern, which is the fence to be built.
Trudv Fowlks, 831 N. Cascade Dr., Woodburn, OR 97071. She stated that she was not
opposed to the project. There are concerns and conditions if approved. One concern
was the fence along the back-side of the property. A 6-foot fence would not be sufficient
to protect the homes from the golf balls nor would it prevent the children from going
through the arborvitae hedge and onto the golf course.
The second issue is the type of homes being built. If it is a 3-bedroom home for families
with children, it would not keep the children from going onto the golf course. She stated
that since the homes in the area are Senior Estates homes, she would like to see it
continue on the property and the one next to it.
A final concern would be the traffic generated. Currently the Care Facility located in the
area generates a large amount of traffic and adding three new homes could generate
even more traffic.
Vice-Chairperson Bandelow stated that the Senior Estates Development would have had
to purchase the property in order for it to be developed similar to the surrounding area.
Chairperson Lima asked staff about the maximum height permitted for a fence.
Associate Planner Richlino stated that without a Variance of other Land Use Action, the
maximum height would be 7 feet tall.
Verna Hall, 797 N. Cascade Dr., Woodburn, OR 97071. She stated that the development
to the south was planned as a mirror of the current project having a looped driveway.
She stated that she had no objections to the project and believes it will be an attractive
development.
Bettv Stuklik, 938 Oregon Way Dr., Woodburn, OR 97071. She stated that the traffic flow
would not be any different than the current traffic flow that exists on Oregon Way.
Chairperson Lima invited Opponents of the project. None.
Chairperson Lima closed the hearing and opened for discussion amongst the Planning
Commission.
Planning Commission Meeting August 10, 2006
19
Page 5 of 8
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....
Commissioner Hutchison and Chairperson Lima stated they would available for the
Planning Commission meeting.
Chairperson Lima asked if any hearing items can be delayed without going over the 120-
day rule.
Community Development Director Allen stated that phone calls could be made to see if
the other commissioners will be able to attend and would advise Chairperson Lima as to
the status.
Associate Planner Richlinq stated that the two hearings scheduled were Design Review
05-14, which is Industrial Welding Supply, and a Partition and two Variances for the
Thomas Pierce project. A third hearing for a Design Review, Conditional Use, Variance
and a Phasing Plan is possible for that date, which is the Mastery Leaming Institute.
Commissioner Hutchison asked about the Parking Lot Application for the Mid-Valley
Community Church.
Associate Planner Richlinq stated that the application still remains incomplete.
BUSINESS FROM THE COMMISSION
Chairperson Lima inquired about the Silverton Hospital project that was approved. There
had been a time limit on the project.
Commissioner Jenninqs stated that the project was placed on hold due to finances and
the facility in Salem was a priority project.
Chairperson Lima inquired about the car dealership that was to place a wrought iron
fence.
Commissioner Jenninqs stated that the insurance company required the dealership to
place a fence, yet no construction of the fence has been made.
Commissioner Jenninqs inquired about the street closure of Meridian Drive.
Commissioner GrosJacQues stated that power lines are being installed and there is
construction in that area, which is closed off.
Vice-Chairperson Bandelow stated it was due to the construction of the bridge at the
creek.
Community Development Director Allen stated that he saw construction in that area and
the road closed due to the construction equipment.
Chairperson Lima inquired about a private street going through private property, which is
located north of Walmart , that is being used.
Planning Commission Meeting August 10, 2006
21
Page 7 of 8
,.,.
....
ADJOURNMENT
Commissioner Jenninqs moved to adjourn the meeting. Commissioner GrosJacQues
seconded the mo 'on, which un nimously carried. Meeting adjourned at 8:05 pm.
APPROVED
CLAUDIO LIMA, CHAIRPERSON
ATTEST
Jik GOO-
Community Development Director
City of Woodburn, Oregon
?-~~-Ofo
Date
Planning Commission Meeting August 10, 2006
Page 8 of 8
22
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8e
WOODBURN PLANNING COMMISSION MEETING MINUTES '
August 24, 2006
CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall
Council Chambers with Chairperson Lima presiding.
Chairperson Lima led the salute to the flag.
Chairperson Lima questioned members of the Planning Commission having potential conflicts
such as family, financial, or business relationship with any of the applicants or with regard to the
project in question. If such a potential conflict exists, he asked 'whether the commission in
question believes he or she is without actual bias or whether'he or she would like to step down
from the Planning Commission during the case.'
;
Chairperson Lima announced: agenda is available at the back of the toOm. We will consider
cases one at a time according to the order listed in the agenda. W~}will follow the hearing
procedure outlined on the public hearing procedure board. All persons wishing to speak are
requested to come to the podium and give their name and address., Any, ,jndividuals speaking
from other than the podium will not be recognized. ..
ROLL CALL
Chairperson
Vice Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Lima
Bandelow
GrosJacques
Vancil
Grigorieff
Hutchison
Jennings
P
A
A
P
P
pi
A
Staff Present: Jim Allen - Community Development Director
Jasop Richling - Associate Planner
Breah Pike-Salas - Associate Planner
Marta Carrillo - Administrative Assistant
MINUTES
A. Woodburn Planning Commission Meetina Minutes of Auaust 10. 2006.
Commissioner GriQorieff moved to accept the minutes as written with minor changes.
Commissioner Hutchison seconded the motion, which unanimously carried.
BUSINESS FROM THE AUDIENCE
None.
COMMUNICATIONS
A. Woodburn City Council Meeting Minutes of July 24, 2006
Planning Commission Meeting August 24, 200~3
Page 1 of 7
." ,..~
,..'
PUBLIC HEARING
Chairperson Lima asked the Planning Commission if there are any exparte contacts, conflicts,
challenges or declarations. None.
A. Partition 06-02, Variance 06-05 and Variance 06-09, Request for preliminary approval to
partition the property located at 1645 West Hayes Street into two (2) parcels, variance to
orient the front property line of proposed parcel #1 toward the private access easement'
instead of West Hayes Street, and variance approval to the West Hayes Street
improvements, Thomas L. Pierce, property owner and applicant.
Associate Planner RichlinQ read the appropriate O~S and proceeded with the Staff
Report. .
Slide #2
STAFF REPORT
The subject property is located 1645 W. Hayes Street in a one acre area. The site is
identified as tax lot #4800 on the Marion County Tax Assessor's Map T5SR1W Section
7CC. It is also lot #29 of Hall's Home Tracts. There are no wetlandsfocated on the site
and it is located outside the 500 year FEMA flood plain:. It is zoned Single Family
Residential (RS) and is designated on the ComprehE!nsive Plan Map as residential fewer
than 12 units per acre. The properties to the north, east and west are also zoned RS,
designated residential fewer than 12 units per acre on the Comprehensive Plan Map and
developed as single-family dwellings. The property to the south across W. Hayes St. is
also zoned RS and developed as the St. Mary'$' Episcopal Church.
The existing single-family dwelling is located On parcel 1 and proposed parcel 2 is
vacant. The applicant proposes to divide the property into 2 parcels. Parcel 1 is
approximately 12,100 sq. ft. in area. Parcel 2 is 26,879 sq. ft. in area. Parcel 1 is an
interior lot and parcel 2 is a flag lot. Both lots will share access to W. Hayes St. via a 24-
foot wide private access and utility easement abutting the west property line of parcel 1.
Slide
Shows parcel 1, parcel 2, existing family home and the 24-foot wide shared access
easement. The applicant's partition request met all the applicable standards of the WOO
with the exception of the proposed lot orientation of parcel 1 toward the shared access
easement rather than W. Hayes St. and meeting the boundary and connecting street
improvement requirements for W. Hayes S1.
Staff recommends approval of the applicant's variance request to orient parcel 1 towards
the access easement instead of W. Hayes St.
Slide
The existing single-family home. (The slide shows a view from the west looking east.)
The picture shows the main entrance of the home and the garage facing towards the
west instead of W. Hayes St. and the primary reason for the variance. It's logical to
orient the lot towards the existing and proposed driveway access because the existing
dwelling is designed to face and have access from the west rather than from the south.
Approval of this variance will result in the lot orientation being consistent with the existing
development on the site with a minimum of 100 feet, average lot depth of 121.5 feet and
Planning Commission Meeting August 24, 200~4 Page 2 of 7
, ''''....
lot area of 12,150 feet, which exceeds the 60 foot minimum lot width, 100 foot average
lot depth and 6000 sq. ft. lot area requirements for an interior lot in the RS zone.
The applicant also requests a variance to the boundary and connecting stre.et
improvement standard to W. Hayes St., which is designated as a service collector in the
Woodburn TSP. The abutting portion of W. Hayes St. incorporates a 50 foot right of way,
28 foot improved road service Ibike lane and 4 ~ foot curb line sidewalk on the south
side of the street. Currently the site frontage is improved with a drainage ditch and no
curb or sidewalk.
The improvements do not meet the cross section reqyirement for a service collector in
the TSP, which includes a 74 foot right of way, 48 foot improved road service and 6 foot
bike lanes and 4 ~ foot parkway strips and 6 foot sidewalks on botH' sides of the street.
However, W. Hayes St. is identified by the City in 'the capital improvement program as a
street improvement project between Settlemier Ave. and Casqade Dr. Funding for the
improvements is currently split between the fiscal years of 2p<l7-2008 and 2008-2009.
'..'''-
The applicant is required to dedicate 17 feet of right of way along ,the frontage of the site
to accommodate future right of way and will meet the width from ttlecenterline to the
property line in accordance with the service collector designation.. In ~ddition, a condition
of approval requires the applicant to provide a non-remonstrance corl'sent form for future
street improvements. ."
The requirements will facilitate the future improvements ofW.yfayes St. through the CIP
and proportional to the addition of one single-familyresidentiellot to W. Hayes St.
Because improvements are planned forW. Hayes St. through the CIP, improvements
made are in conjunction with the current propqsel. Staff supports the variance request.
Based on the information on the report, information provided by the applicant and the
applicable review criteria, findings necessary to' approve the proposal can be made,
therefore staff recommends approval of PAR 06-02, VAR 06-05 and VAR 06-09 subject
to the conditions of approval in the staff report..
He concluded his presentation and was available for questions.
Chairperson Lima asked the Planning Commission if they had questions for staff.
Commissioner Vancil asked in regard to the variances on Conditions of Approval that
were applied to the application, but not future developers. He also asked about the non-
paved road and requirements in the WOO for paving the road so it looks like a
residential area.
Associate Planner Richlinq stated that reason for the Conditions of Approval has been a
policy direction for variances on certain projects and the property is large and various
future projects could be developed, which can include partitioning into single-family lots,
but other uses are allowed in the single-family residential zone. It is being addressed
with future developments in mind.
The new driveway will have a required 20-foot wide improved surface through the middle
of the access easement as a part of improvements to the site.
Chairperson Lima invited the applicant to the podium for testimony.
Planning Commission Meeting August 24, 200~5
Page 3 of 7
,; ,"'"'"
...
Tom Pierce, 1595 Ten Oaks Lane, Woodburn, OR, is the applicant. He stpted that he
submitted an application to partition the property into 2 parcels and some remodeling to
the existing home. He stated that he has a potential buyer for the home once the
property has been partitioned. His partitioning will allow for three single-family residential
homes on the property. He stated that it was a level lot and these are no wetlands on the
property. The property has a 24-foot access easement and would be an easy access for
utility installation.
Chairperson Lima asked the applicant if he had any questions in regard to the
Conditions of Approval.
Pierce stated that he had no questions or comments on the conditions of approval.
,
Chairperson Lima asked the Planning Commission if they had apy questions for the
applicant. /'
Chairperson Lima invited Proponents of the application. Nope.
Chairperson Lima invited Opponents of the application. None.
Chairperson Lima closed the hearing. and opened for the discussion amongst the
Planning Commission members.
Commissioner Hutchison made a comment about the sidewall< on the property would be
a good improvement for pedestrians.
Commissioner Vancil asked if the sidewalks w9u1d be consistent with what is being
proposed with the CIP, which will make the neighborhood similar as new developments
go in.
Commissioner Vancil made a motion to approve Partition 06-02, Variance 06-05 and
Variance 05--09 with staff's facts and findings to support the decision, seconded by
Commissioner GriQorieff.
ROLL CALL
Chairperson
Vice Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Lima
Bandelow
GrosJacques
Vancil
Grigorieff
Hutchison
Jennings
yes
yes
yes
yes
Associate Planner Richlinq commented that a Final Order for approval of Partition 06-02,
Variance 06-05 and Variance 06-09 has been prepared.
Commissioner Vancil moved to accept the Final Order for approval of Partition 06-02,
Variance 06-05 and Variance 06-09. Commissioner Griqorieff seconded the motion,
which passed unanimously.
Chairperson Lima asked the Planning Commission if there are any exparte contacts, conflicts,
challenges or declarations. None.
Planning Commission Meeting August 24, 200~6
Page 4 of 7
,., .'.....
B. Design Review 05-14, Request for design review approval to construct a 5,677 square
foot building on the vacant property located east of Highway 99 E and north of Aztec
Drive, Deffenbaugh & Associates, applicant and Industrial Welding Supply, property
owner.
Associate Planner Pike-Salas read the applicable ORS and proceeded with the St~ff
Report.
Slide #2
Design Review approval is requested to construct a 5,677 sq. ft. building on the subject
property located east of Hwy 99E and north of Aztec Dr. The subject site can be
identified on Marion County's Tax Assessor's Map as T5S1W Section 17BA, tax lot
#4101. .
7
The applicant is proposing a shared driveway access betweEn1 tax lots #4100, #4101
and #4200. Tax lot #4101 is .46 acres in size and is currently.yacant. Tax lot #4100 is
.70 acres in size and currently contains the original Industrial Welding Supply building,
which is proposed to be demolished. Tax lot #4200 is 1 foot in size and is a residential
spike strip, which the property owner will be required to dedicate to thcit city as part of this
application. No significant wetlands are located on the subject property, and the site is
located outside of the 500-year floodplain.
The subject property is zoned Commercial General (CG) and designated Commercial on
the Comprehensive Plan Map. The adjacent properties to the south (across Aztec
Drive), east, and to the west (across North Pacific Highway) are zoned Commercial
General (CG), and are also designated as Commercial on the Comprehensive Plan
Map. The property north of the subject site is in Marion County and is zoned Commercial
Retail (CR). The properties to the north are the location of a retail business, and a
warehouse. The properties to the south are the location of a manufactured home
business and a retail business named Timco Products. The adjacent property to the
east is a vacant lot, and the property to the west is the location of the original Industrial
Welding Supply building, which is proposed to be replaced with the building that is being
reviewed as part of this design review request.
On January 26, 2004, the City Council adopted Ordinance No. 2353 annexing the
subject site into the City of Woodburn and changing the zoning of the subject site from
Marion County Commercial Retail (CR) to the City of Woodburn Commercial General
(CG).
Slide #3
The submitted building elevations show the roofline to be enhanced with a cornice
treatment and parapet placed on the fac;ade facing towards Hwy 99E to the west and
Aztec Dr. to the south to avoid the appearance of a box-like structure with unbroken wall
surfaces. All of the building facades are enhanced with variations in building materials
and colors consisting of C.M.U. split face veneer (wainscot), C.M.U. ground face veneer
(soldier course), lap siding in a tan/gray color, and trim in a royal blue color.
Based on the information provided by the applicant and the applicable review criteria,
findings to approval Design Review 05-14 can be made.
Staff recommends approval of Design Review 05-14.
Planning Commission Meeting August 24, 200@7
Page 5 of 7
-
...'
She concluded her presentation and was available for questions.
Chairperson Lima asked the Planning Commission if they had questions for staff.
Chairperson Lima invited the applicant to the podium for testimony.
Lee Gwvn, 388 State St., Salem, OR, is the applicant. Adding to the staff report he
stated that the application includes demolition of the existing building and construction of,
a new building that will be located east of the current building. Everything will be
increased in terms of landscaping and building design will be better from the current
existing building. The project will improve the look of the site.
Chairperson Lima asked the Planning Commission if they had any questions for the
applicant.
Chairperson Lima asked the applicant if the demolition of existing building was to
happen prior to the new building being built.
GUY A. Worden, 610 N. Pacific Hwy, Woodburn is the Property Owner. Worden stated
that the building will be demolished after the new building is built.
Chairperson Lima invited Proponents of the application. None.
Chairperson Lima invited Opponents of the application. None.
Chairperson Lima closed the hearing and.openeQ for the discussion amongst the
Planning Commission members. .,
Chairperson Lima stated that it will be an enhancement for the area and Woodburn.
Commissioner Vancil made a motion to approve Design Review 05-14 with staffs facts
and findings to support the decision, seconded by Commissioner GriQorieff.
ROLL CALL
Chairperson
Vice Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Lima
Bandelow
GrosJacques
Vancil
Grigorieff
Hutchison
Jennings
yes
yes
yes
yes
Associate Planner Pike-Salas commented that a Final Order for approval of Design
Review 05-14 has been prepared.
Commissioner Vancil moved to accept the Final Order for approval of Design Review
05-14. Commissioner Hutchison seconded the motion, which passed unanimously.
C. Design Review 06-08, Conditional Use 06-01, Phasing Plan 06-01, and Variance 06-10,
Request for design review, conditional use and phasing plan approval for a 3,264 square
foot expansion of the Arthur Academy Charter School in two phases located at 575
Gatch Street and variance approval to the street improvements on Gatch Street, Mastery
Learning Institute, applicant and Mid-Valley Community Church, property owner.
Planning Commission Meeting August 24, 200~8 Page 6 of 7
"",,",~I
(Applicant requests continuance to September 14, 2006).
Commissioner GriQorieff made a motion to continue the hearing for Design. Review 06-
08, Conditional Use 06-01, Phasing Plan 06-01, and Variance 06-10, seconded by
Commissioner Vancil, which passed unanimously.
ITEMS FOR ACTION
None.
DISCUSSION ITEMS
None.
REPORTS
None.
BUSINESS FROM THE COMMISSION
Chairperson Lima stated that he would not be available for the September 14, 2006
Planning Commission meeting.
Commissioner Vancil stated he would not be available for the September 14, 2006
Planning Commission meeting.
Commissioner GriQorieff and Commissioner Hutchison stated that they would be
available for the September 14, 2006 Planningt Commission meeting.
ADJOURNMENT
Commissioner GriQorieff moved to adjourn the meeting. Commissioner Hutchison
seconded the motion, which unanimously carried. Meeting adjourned at 7:40 pm.
APPROVED
CLAUDIO LIMA, CHAIRPERSON
Date
ATTEST
Jim Allen
Community Development Director
City of Woodburn, Oregon
Date
Planning Commission Meeting August 24, 200~9
Page 7 of 7
.> ,,'''"'' .'
8D
Recreation Services Division Attendance Report
July-06
Youth Services
Total Recreabon Units
Attendance Service Hours (Allendance X Service
Hours)
After School Club - LINCOLN 0 0 0
After School Club - WASHINGTON 0 0 0
Teen Scene - LEGION 0 0 0
Teen Scene - SETTLEMIER 0 0 0
Summer Day Camp 1360 126 171360
Total Youth Services 0 ..".. :j 171360
Yout
h Sports
Girl's Softball 0 0 0
Other - Indicate 0 0 0
Total Youth Sports 0 ,. 0
Youth Classes
Dance Dance Dance 0 0 0
Other - Indicate 0 0 0
Total Youth Classes 0 ..j; }RkiJli~ 0
Adult Services
Active Adult Trip(s) 9 8 72
Adult Softball 72 18 1296
Adult Soccer 0 0 0
Total Adult Services 81 / ,i,;}j 1368
Special Events
4th of Julv 1500 6 9000
Other - Indicate 0 0 0
Total Special Events 1500 '-R'.'. " 9000
Other Services
Athletic Field Rentals 200 60 12000
Indicate 0 0 0
Indicate 0 0 0
Total Other Services 200 12000
TOTALS:
1781 193728
Attendance -0; Total Recreation
Units
30
.. , ...... .'
8E
Recreation Services Division Attendance Report
August-06
Youth Services
T alai Recreation
Attendance Service Hours Units (Attendance X
Service Hours)
After School Club - LINCOLN 0 0 0
After School Club - WASHINGTON 0 0 0
Teen Scene - LEGION 0 0 0
Teen Scene - SETTLEMIER 0 0 0
Summer Day Camp 940 114 107160
Total Youth Services 0 '#. ,. 107160
Yout
h Seorts
Youth Football 276 12 3312
Other - Indicate 0 0 0
Total Youth Soorts 276 3312
Youth Classes
Dance Dance Dance 0 01 0
Other - Indicate 0 01 0
Total Youth Classes 0,;"7;, "-3<1 0
Adult Services
Active Adult Trip(s) 0 0 0
Adult Softball 56 24 1344
Adult Soccer 0 0 0
Total Adult Services 56 . -,. ''ij 1344
Special Events
Walt's Run 70 2 140
Youth Soccer Clinic 0 6 0
KaBOOM Playground Build Day 125 6 750
Total Special Events 195 " 890
Other I Misc.
Athletic Field Rentals 300 64 19200
Mexican Fiesta 0 0 0
Indicate 0 0 0
Total Other Services 300 , 19200
Not Reported
TOTALS:
827 >, 131906
Total
Attendance i Recreation
Units
31
--
8F
Recreation Services Division Revenue Report
> Revenues through June 30, 2006
%of WRPD
Category YTD Revenue Anticipated Anticipated June 2006
Revenues for Revenue
Budget FYOS-06
Youth Sports $ 26,034.00 155.4% $ 16,750.00 S 920.00
After School Club $ 38,547.00 111.7% $ 34,500.00 $ -
Summer Day Camp $ 22,930.00 81.6% $ 28,095.00 $ 17,690.00
Contractual Services $ 20,S32.00 311.1% $ 6,600.00 $ 1,160.00
Adult Programs I Adult Field Rentals $ 17,746.00 52_2% $ 34,000.00 $ 24.00
Teen Scene $ 471.00 471.0% $ 100.00 $ -
$ 126,260.00 105.2% $ 120,045.00 $ 19,794.00
Recreation Services Division Revenue Report
> Revenues through July 31, 2006
%of WRPD
Category YTD Revenue Anticipated Anticipated July 2006
Revenues for Revenue
Budget FY06-07
Youth Sports $ 2,030.00 12.1% $ 16,750.00 $ 2,030.00
After School Club $ 9,800.00 28.4% $ 34,500.00 $ 9,800.00
Summer Dav Camo $ 10,310.00 36.7% $ 28,095.00 $ 10,310.00
Contractual Services $ 120.00 1.8% $ 6,600.00 $ 120.00
Adult Programs I Adult Field Rentals $ 288.00 0.8% $ 34,000.00 $ 288.00
$ 22,548.00 18.8% $ 120,045.00 $ 22,548.00
32
~, . """""
Revenue Summary (From Class Reports)
Co Ed Kinder
1 st to 2nd
1 stto 2nd
3rd to 4th
3rd to 4th
5th to 6th
5th to 6th
Co Ed Kinder
1 st to 2nd
1stt02nd
3rd to 4th
3rd to 4th
5th to 6th
5th to 6th
Fall
Winter
4 & Under
6 & Under
8 & Under
10 & Under
12 & Under
14 & Under
17 & Under
10 & Under
12 & Under
14 & Under
Summer
Summer
Summer
Summer
Summer
Fall
Winter
Summer
Summer
Fall
Winter
Winter
Summer
Fall
Fall
Fall
Winter
Summer
Summer
Winter
Soccer
Boys Soccer
Girls Soccer
Boys Soccer
Girls Soccer
Boys Soccer
Girls Soccer
Basketball
Boys Basketball
Girls Basketball
Boys Basketball
Girls Basketball
Boys Basketball
Girls Basketball
Tackle Football
Flag Football
Marital Arts
Marital Arts
T-Ball
T-Ball
Baseball
Baseball
Baseball
Baseball
Baseball
Girls Softball
Girls Softball
Girls Softball
Flag Football
Youth Tackle Football
Girls Basketball Camp
Tennis Lessons
After School Club
After School Club
After School Club
$
$
$
$
$
1$
(Cancelled)
2,550.00
400.00
2,950.00
920.00 June 06 Revenue
2,030.00 INet July 06 Revenue
$
9,800.00
I $ 9,800.00 I(No June Revenue)
Summer Day Camp $
Summer Day Camp Extended Hours $
$
$
1$
Dance Classes
Dance Classes
Dance Classes Tumbling
Dance Camp
Mens Basketball
Mens Basketball Jamboree
Senior Trips
Senior Trips
Senior Trips
Walt's Run
Adult Softball
23.260.00
4,740.00
28,000.00
17,690.00 June 06 Revenue
10,310.00 INet July 06 Revenue
$
$
$
1$
1,640.00
1,640.00
1,520.00 June 06 Revenue
120.00 !Net July 06 Revenue
$
$
102.00
210.00
$ 312.00
$ 24.00 June 06 Revenue
I $ 288.00 lNet July 06 Revenue
33
p,"'" '.'
8G
Recreation Services Division Revenue Report
> Revenues through August 31,2006
Cumulative %of WRPD
Category Program YTD Revenues Anticipated Anticipated AUGUST 2006
Revenues Budget Revenues for Revenue
FY06-07
Youth Sports $ 8,875.00 $ 7,955.00 47.5% $ 16,750.00 5,925.00
After School Club $ 35,350.00 $ 35,350.00 102.5% $ 34,500.00 25,550.00
Summer Day Camp $ 29,620.00 $ 11,930.00 42.5% $ 28,095.00 1,620.00
Contractual Services $ 2,610.00 $ 1,090.00 16.5% $ 6,600.00 970.00
Adult Programs I Adult Field Rentals $ 590.00 $ 566.00 1.7% $ 34,000.00 278.00
$ 77,045.00 $ 56,891.00 47.4% $ 120,045.00 $ 34,343.00
34
,~Of -'"'H't" '.'
Revenue Summary (From Class Reports) CUMULATIVE JULY NET AUG
REVENUES REVENUES REVENUES
$
Co Ed Kinder Soccer $ 990.00 $ 990.00
1st to 2nd Boys Soccer $ 870.00 $ 870.00
1st to 2nd Girls Soccer $ 300.00 $ 300.00
3rd to 4th Boys Soccer $ 570 00 $ 570.00
3rd to 4th Girls Soccer $ 540.00 $ 540_00
5th to 6th Boys Soccer $ 210.00 $ 210.00
5th to 6th Girts Soccer $ 120.00 $ 120.00
Co Ed Kinder Basketball $
1st to 2nd Boys Basketball $
1st to 2nd Girls Basketball $
3rd to 4th Boys Basketball $
3rd to 4th Girls Basketball $
5th to 6th Boys Basketball $
5th to 6th Girls Basketball $
Tackle Football $
Flag Football $ 75.00 $ 75.00
Fall Marital Arts $
Winter Marital Arts $
4 & Under T-Ball $
6 & Under T-Ball $
8 & Under Baseball $
10 & Under Baseball $
12 & Under Baseball $
14 & Under Baseball $
FALL Baseball $ 1,520.00 $ 1,520.00
10 & Under Girls Softball $
12 & Under Girls Softball $
14 & Under Girts Softball $
Summer Flag Football $ $
Summer Youth Tackle Football $ 3,280.00 $ 2,550.00 $ 730.00
Summer Girts Basketball Camp $
Summer Tennis Lessons $ 400.00 $ 400.00 $
1$ 8,875.00 I $ 2,950.00 I $ 5,925.00 I
$ 920.00 June Revenues
1$ 7,955.00 I Cumulative Rev - June Rev = YTD REV
Summer After School Club $ 35,350.00 $ 9,800.00 $ 25,550.00
Fall After School Club $
Winter After School Club $
1$ 35,350.00 I $ 9,800.00 I $ 25,550.00 I
$ June Revenues
1$ 35,350.00 I Cumulative Rev - June Rev = YTD REV
Summer Summer Day Camp $ 24,580_00 $ 23,260.00 $ 1,320.00
Summer Summer Day Camp Extended Hours $ 5,040_00 $ 4,740.00 $ 300.00
1$ 29,620.00 I $ 28,000.00 I $ 1,620.00 I
$ 17,690.00 June Revenues
1$ 11,930.00 I Cumulative Rev - June Rev = YTD REV
Fall Dance Classes $ 910.00 $ 910.00
Winter Dance Classes $
Winter Dance Classes Tumbling $ 6000 $ 60.00
Summer Dance Camp $ 1,640.00 $ 1,640.00 $
1$ 2,610.00 I $ 1,640.00 I $ 970.00 I
$ 1,520.00 June Revenues
1$ 1,090.00 I Cumulative Rev - June Rev = YTD REV
Fall Mens Basketball $
Fall Mens Basketball Jamboree $
Fall Senior Trips $ 130.00 $ 130.00
Winter Senior Trips $
Summer Senior Trips $ 190.00 $ 102.00 $ 88.00
Summer Walt's Run $ 270.00 $ 210.00 $ 60.00
Winter Adult Softball $
1$ 590.00 I $ 312.00 I $ 278,00 I
$ 24.00 June Revenues
1$ 566.00 I Cumulative Rev - June Rev = YTD REV
35
,.,... ,~,
PLANNING PROJECT TRACKING SHEET
Revised 09/07/06
Page 1 of 3
~
f'rotod ~ ProjecI~ oal8 lleMned 12G-llay Dale P- -..... FaciIotlea IoIaIINotice Notice.. Pool S1l Rpl Duo PC .-;ng FonaI 0nI0r PC Final -- -'" Pool S1tRpl CC~ om Duo CC 0rlI. AppeooI
Received ~ -...g lor PC P- "'-1Y Duo 0nI0r lor CC "-' "'-" Duo A<Iaptio<\ Ends
CPA 004-02. ZC VVallaGt! lien Comp Ptan Change. 10125.2004 IflComplele NA Naomi 2J3, 2006 2/14/2006 612.2006 6/212006 611212006 612212006 711312006 7,25t'2006 1,2512006 S-4.2OO6 8114.'2006 9/1112006
004-03. CU Q4. Zone Change. 11119104 Continued
10. PLA lM-48. Corx:Mional Use, Comp6ete \07/13;'06
DR 0!>-ll3. SDR Design Revl&N and ;03106
- Sign DeslQn Review
10 allow for a car
Sdles Jot (HlJtyers Mid
Crty Ford) at 300 S
Woodland A'<Ie
DR 05-14 Guy Worden Construct a 5.677s1 12/8i2005 Incomplete IO,28~()()h Breah 1/312006 7126/2006 8/412006 811412006 8111i2006 812412006 612412006 8/24/2006 9j5/2006
buildtng at 610 N. 116106
P&cifc rtNy. Cemplela
6130106
PAR 06-02 rhomas Proposed 2-1ot 4/1012006 Incomplete 1012412006 Jason 11512006 1/10/2006 8J3I2006 811412006 8/1112006 8/2412006 812412006 8/2412006 9/512006
VAR O6-OS Pierce partJbon at 1645 !>9i06
V AR 06-09 West Hayes Street Complela
and Varia~ to the 6/26106
street standards 00
West Haves Srreet
And Variance to lot
orientation
DR 06-06 VAR John & Design Revtew fO( a 51"/2006 Complete 06 10/812006 Jason 6/3012006 111012006
(H06-03 Delisa Baker 50,000 square foot 10-06
0\ t'NO story office
bulIdlflQ and
Variance to street
mprovemems on
Progress Way for the
property located al
1385 1M Hood
Avenue.
DR 06-01 Ken Administrative 61212006 Compk!te 10/21/2006 Naomi 1/2512006 NA 911112006
Rasmussen Design Revtew of a 6130.'06
(Woodburn parktng lot expansiOn
School (8!i par1ung spaces)
District) located to the west
of roo Hazelnut Dnve
access entrance 10
the Woodburn Hl9h
School Iocaled at
1785 N, Front Street
aJ
==
PLANNING PROJECT TRACKING SHEET
Revised 09/07/06
Page 2 of 3
p""",,, AjlpIanl Projoct D8KriIltion DoIio DMmod 1~ DoIio - -- F_ MllNollce _10 p,::" SlfRptOuo PC -.g FlNoI Onlor PCF'" MII_ _10 Pool SlfRpt CC -..g 0nI. llu8 CC 0nI. ~
- ~ J -.; 10< PC "- Due 0_ 10< CC ~ "-1Y llu8 MaIJtion Ends
PAR~ Evan Partit/Of1 property I" 1:Y2QOl; Incomplete 121'512006 Jason 811612006
V AR 0fHl7 Nlklforoff Into 3 parcels at 847 711'106
N. CaS{.1de Ortve Complet~
and Variance to 8/17106
streellfflprovements
for N, Cascade OrNe
DR 06-10. CU MI(j-Vd1IeV Type II DR and CU ],6,2006 lncompktte Jason
06-02, YAR 06- Community 10 locate church 7125106
II, VAR 06-12, Cnurch pal1ung lot '" RS
SWOD zone at SW COfTI6( 0
LIncoln and Gatch,
VARtoboulldary
and connectJng
improvement
req""""""" for
LIflC.Oln and Gatch,
V AR to buffer wall
requirement
DR 06-01, CU Mastery Phased expanston 0 7i312006 Incompjele 121',2QOl; Ja""" 81312006 81912006 8I412QOl; 811412006 811712006 812412QOl;
06-01, VAR 06- Leammg existing K-2 schoOl 7121106 Cool 10
10, PP 06-01 Institute al 575 GoIc/1 S...... Gompjele 9/14106
to K-5~. VAR 813106
(jJ to bouIldary and
'I connecting
improvement
requWement 10 Gold
Street
DR 06-09 Heffernan AdddJoo of lIWf1ing 71512QOl; IncompleIe Breah
Properties and parapet to 7124/Oij
exi5ting structure at
1545 N. Pacific
Highway
DR 0&-11 Tyler SIQO design ",_ 711412006 81112QOl; 11i29f2006 Breah 81112006 NA 811512006 812812006
Carlson for . polo sign at the
weUspnng MedICal
Center - 1475 MI.
Hood Avenue
DR 0&-12 Brandon Construct a 3nsf 7i24/2006 Incomplete areah
Eastman Dutch Bros. l:Inve- 8109106
thru coffee shop at
the NW comer of the
998214 intersectIOn
PLANNING PROJECT TRACKING SHEET
Revised 09/07/06
Page 3013
Pm,ed Applicant Projoc1 DeoaipIion 0011 0-- 1~00I0 - R_ F~ Uall NollCOl _10 Poll SIfRplDue PC HNnng FInlII 0nI0< PCF... Uall_ _to Pool SVRjJI CC~ Old. Due CC 0<11. Appell
- ComI>IelI -.g lor PC "- "'-Y Due Ordor force ~ ~ Duo AdoIllian EIldo
DR 06-13 Dr Rod Construct an 8.200s1 71)112006 Incomplete Naomi
Johnson dental office &29106
struc:ture on CO-
zoned property at
north side of
Newberg HJghway S.
curve
Un.., Urban Renewal John
R."..oI Olstnct approved by Naof'"
Prog...m voters. on 3IU/02
LAOs.ol Penochc ReVIeW NaomI 111412005 1/1412005 "'A 21312005 3110/2005 N/A NiA NlA 312&2005
P.rIodIc tasks are com~
Review Tan
Completion
J. ,Community Development\Plannmg\MI&Cellaneous'Otht:r'PlanOlr'lQ.... Case _Log
CtJ
00
~
~.~'
, '-. ' , -"
I' "':',
WOOD~URN
/'(O'10'dt~' '~8~
A~'~
81
.
.
September 6, 2006
TO: Mayor and City Council through City Administrator
FROM: Scott Russell. Chief of Police ~
SUBJECT: Police Department Statistics - August 2006
RECOMMENDATION:
Receive the Report
BACKGROUND:
The attached report lists year to date reported offenses and arrests displayed by
month.
DISCUSSION:
The statistics have been gathered from the Police Departments Records
Management System. The Previous year's statistics are also displayed for
comparison purposes.
FINANCIAL IMPACT:
None
Agenda Item Review: City Administrator
City Attorney_
Finance
39
.. ..,.,...
Woodburn pollee Dept. PAGE
DATE: 9/06/2006 PL6B60
TIME, 17:05,34 MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU AUGUST 2006 SCOTTRU
ORI#, OR0240500 WPD RESULTS FOR ALL OFFENSES
DATE USED, OFFENSE DATE
CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AUG TOTAL
. - - - ~ - - -
AGGRAVATED ASSAULT 2 2 1 1 4 3 2 2 17
ANIMAL ORDINANCES 4 6 2 4 2 0 2 2 22
ARSON 0 0 0 0 0 0 1 2 3
ASSAULT SIMPLE 14 19 21 17 10 22 21 13 137
BURGLARY BUSINESS 8 5 7 3 3 2 1 0 29
BURGLARY OTHER STRUCTURE 3 3 3 5 3 4 2 0 23
BURGLARY RESIDENCE 2 1 9 11 7 3 3 4 40
CHILD NEGLECT 0 0 1 4 1 0 0 0 6
CITY ORDINANCE 1 2 1 1 1 1 1 1 9
CRIME DAMAGE-NO VANDALISM OR ARSON 39 21 38 34 29 17 10 6 194
CURFEW 0 2 0 0 1 0 1 0 4
CUSTODIAL INTERFERENCE 0 1 0 0 0 1 0 0 2
CUSTODY DETOX 2 0 3 2 3 1 1 3 15
CUSTODY MENTAL 2 0 2 0 1 1 2 1 9
CUSTODY PROTECITVE 0 1 0 1 0 1 1 1 5
DISORDERLY CONDUCT 1 7 6 5 5 7 7 5 43
DRINKING IN PUBLIC 0 0 0 0 1 0 0 0 1
DRIVING UNDER INFLUENCE 12 7 15 15 12 12 24 19 116
DRUG LAW VIOLATIONS 14 15 31 24 15 21 17 36 173
DWS/REVOKED FELONY 0 1 0 0 0 0 0 0 1
DWS/REVOKED-MISDEMEANOR 6 6 7 2 2 5 6 5 39
ELUDE 4 0 0 0 1 0 2 1 8
ESCAPE FROM YOUR CUSTODY 0 0 0 0 0 0 1 0 1
FAIL TO DISPLAY OPERATORS LICENSE 6 9 5 2 7 6 5 43
FAMILY-OTHER 0 0 0 0 0 0 1 2 3
FORCIBLE RAPE 0 0 2 2 1 1 2 0 8
FORGERY/COUNTERFEITING 5 12 3 7 4 3 44
FRADv ACCOUNT CLOSED CHECK 0 0 0 0 1 0 0 0 1
FRO BY DECEPTION/FALSE PRETENSES 1 0 0 C 0 0 1 0 2
FRAUD CREDIT CARD/AUTOMATIC TELLER MACHINE 3 4 2 3 1 3 0 19
FRAUD IMPERSONATION ] 6 2 0 1 2 2 1 15
FRAUD NOT SUFFICIENT FUNDS CHECK 0 0 1 0 0 0 0 Q 1
FRAUD OF SERVICES/FALSE PRETENSES 1 0 1 1 0 0 0 Q 3
FRAUD-OTHER 0 0 0 0 0 1 0 C 1
FUGITIVE ARREST FOR ANOTHER AGENCY 42 36 43 37 34 41 31 36 300
FURNISHING 0 1 1 1 1 0 2 0 6
GARBAGE LITTERING Q 0 0 1 1 1 0 0 3
HIT AND RUN FELONY 1 0 0 2 2 2 0 0 7
HIT AND RUN-MISDEMEANOR 17 14 9 16 11 13 16 17 113
ILLEGAL ALIEN - INS HOLD 0 0 0 0 0 2 0 0 2
INTIMIDATION /OTHER CRIMINAL THREAT 9 0 1 4 4 3 1 4 26
KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 0 1 1 1 0 0 0 0 3
LICENSING ORDINANCES C 2 2 0 0 3 0 1 8
MINOR IN POSSESSION 0 3 4 3 0 5 3 0 18
MINOR ON PREMISES 0 0 0 1 0 0 0 0 1
MISCELLANEOUS 6 11 9 8 9 10 5 6 64
MOTOR VEHICLE THEFT 10 8 13 3 9 6 ] 0 7 66
J:~ SGL I '3ENT IL~.1JC'IDE TF .~,rF 1,_' ,1 0 0 0 1 0 0 0 1
:n--!ER 1 c 16 ] 8 19 8 5 12 6 Ull
.' .' ,__ _d. ::;.' L'.-, _ 29 ~ C :1
L :'._ r c.n ~ .t "0
?F..-~r'E:--.'?Y ",0: "t:.I-<. F:"')f. ili. .' E:: ~~'.l' 0 0
Woodburn PolIce Depr. PAGE 2
DATE, 9/06/2006 PL6860
TIME, 17,05,]4 MONTHLY CRIMINAL OFFENSES FOR JAlVVARY THRV AUGUST 2006 SCOTTRU
ORIN, OR0240500 WPD RESULTS FOR ALL OFFENSES
DATE USED, OFFENSE DATE
CHARGE DESCRIPTION JMl FEB MAR APR MAY JUN JLY AUG TOTAL
- - - - _. - - - - - - - - - ~ - - - - - - - - - - ~ - -
PROSTITUTION ENGAGE IN 0 0 0 0 1 1 3
PUBLIC HEALTH AlVD SAFETY ORDINANCES 10 15 17 16 22 22 46 156
RECKLESS DRIVING 2 0 0 C 5 0 2 11
ROBBERY BUSINESS 0 0 1 0 0 0 0 1 2
ROBBERY HIGHWAY 0 0 0 1 1 0 0 0 2
ROBBERY OTHER 0 0 2 0 0 2 0 4 8
RUNAWAY 5 13 7 10 4 4 7 5 55
SEX CRIME CONTRIBUTE TO SEX DELINQUENCY 0 1 3 I 0 1 2 1 9
SEX CRIME EXPOSER 0 0 0 C 1 0 0 0 1
SEX CRIME FORCIBLE SODOMY 0 0 1 0 0 0 0 0 1
SEX CRIME MOLEST (PHYSICAL) 2 1 2 4 4 1 2 1 17
SEX CRIME NON FORCE SODOMY 0 0 0 0 0 1 0 0 1
SEX CRIME NON-FORCE RAPE -. 0 0 1 0 0 0 0 3
SEX CRIME OBSCENE PHONE CALL 1 1 0 1 0 0 0 C' 3
SEX CRIME OTHER 0 0 1 0 1 0 0 0 2
SEX CRIME PORNOGRAPHY/OBSCENE MATERIAL 0 0 0 0 0 1 0 0 1
STALKER 0 0 0 1 0 0 0 0 1
STOLEN PROPERTY RECEIVING,BVYING,POSSESSING 1 1 3 3 1 1 2 1 13
SUICIDE 0 0 0 0 1 0 0 0 1
THEFT BICYCLE 0 3 2 2 4 1 5 e 25
THEFT BUILDING 2 3 3 1 2 1 0 13
THEFT FROM MOTOR VEHICLE 47 56 41 42 29 17 12 4 248
THEFT MOTOR VEHICLE PARTS/ACCESSORIES 22 15 13 16 15 7 4 3 95
THEFT OTHER 5 10 11 19 7 13 25 11 101
THEFT PICKPOCKET 0 0 1 0 0 1 1 0 3
THEFT PURSE SNATCH 1 0 0 0 0 3 0 0 4
THEFT SHOPLIFT 6 3 3 3 6 7 7 7 42
TR.+'IC ORDINAlVCES 0 1 4 5 1 0 1 0 12
TRJti'f'IC VIOLATIONS 13 15 14 3 16 13 28 12 114
TRESPASS 7 4 9 10 11 9 7 4 61
VANDALISM 45 42 47 44. 34 34 35 30 315
VEHICLE RECOVERD FOR OTHER AGENCY 4 1 3 4 3 0 1 5 21
WARRAIIT ARREST FOR OUR AGENCY 0 2 0 0 3 0 2 2 9
WEAPON CARRY CONCEALED 2 1 1 4 2 1 2 1 14
WEAPON EX PELON IN POSSESSION 0 0 1 0 0 0 0 0 1
WEAPON POSSESS ILLEGAL 0 0 2 1 2 0 1 0 6
ZONING ORDINANCE 2 5 5 4 2 3 2 1 24
-------- - - - - - - - - - ~ - - - - - - - - - - - - . - -
TOTAL, 443 430 499 461 411 375 424 340 3383
1 ~ - - - - - - - - - - - - - - - - - - - - --------------------------------------------- ----------------------- - ~ - - - - - - .
2006 TOTAL, 443 430 499 461 411 375 424 340 0 0 0 0 3383
2005 TOTAL, 428 386 377 359 507 481 429 412 0 0 0 0 3379
2004 TOTAL, 524 544 575 498 488 444 367 393 0 0 0 0 3833
Woodburn pollee Dept. PAGE
DATE, 9/06/2006 PL68S0
TIME 11,05,16 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU AUGUST 2006 SCOTTRtT
ORa, OR0240500 WPD RESULTS FOR ALL CHARGES
CHARGE DESCRIPTION JAN FES MAR APR MAY JUN JLY AUG TOTAL
_ w _ _ ~ . _ _ _ _ _ _ _ _ _ _ _ _ 4 _ _ _ _ _ _ _ _ _ _ _ _ . - - - - - - - - - - - + ----._---- - - - - - - - - - -- .----
AGGRAVATED ASSAULT 3 1 S 0 1 5 3 4 22
AGGRAVATED MURDER 0 0 0 0 0 0 0 c- o
ANIMAL ORDINANCES 0 1 0 0 0 0 0 0 1
ARSON 0 0 0 0 0 0 0 0 0
ASSAULT SIMPLE 15 11 22 16 6 18 20 9 117
ATTEMPTED MURDER 0 0 0 0 0 0 0 0 0
BOMB THREAT 0 0 0 0 0 0 0 0 0
BRIBERY 0 0 0 0 0 0 0 0 0
BURGLARY BUSINESS 0 0 0 0 2 2 2 0 6
BURGLARY OTHER STRUCTURE 0 1 0 3 0 0 0 0 4
BURGLARY RESIDENCE 3 0 0 4 0 1 0 0 B
CHILD ADBANDOMENT 0 0 0 0 0 0 0 0 0
CHILD NEGLECT 1 0 1 3 1 0 0 0 6
CITY ORDINANCE 0 0 1 0 0 1 0 0 2
CRIME DAMAGE-NO VANDALISM OR ARSON 1 0 2 4 1 3 6 20
CURFEW 0 2 0 0 1 0 1 0 4
CUSTODIAL INTERFERENCE 0 1 0 0 0 1 0 0 2
CUSTODY DETOX 2 0 3 2 3 3 1 3 17
CUSTODY MENTAL 2 0 2 0 1 1 2 1 9
CUSTODY PROTECITVE 0 1 0 0 1 3 1 11
DISORDERLY CONDUCT 2 7 12 10 6 14 16 7 74
DOCUMENTATION 0 0 0 0 0 0 0 0 0
DRINKING IN PUBLIC 0 0 0 0 2 0 0 0 2
DRIVING UNDER INFLUENCE 12 7 15 IS 12 11 24 19 115
DRUG LAW VIOLATIONS 16 16 44 2S 23 26 22 48 ~20
DRUG PARAPHERNALIA 0 0 0 0 0 0 0 0 0
miS/REVOKED FELONY 0 1 0 0 0 0 0 0 1
DW~E\~KED-MISDEMEANOR 6 6 7 2 2 4 6 4 39
EL 5 0 0 0 1 0 2 1 9
EM ZLEMENT 0 0 0 0 0 0 0 0 0
ESCAPE FROM YOUR CUSTODY 0 0 0 1 1 0 1 0 3
EXTORTION/BLACKMAIL 0 0 0 c- o 0 0 0 0
FAIL TO DISPLAY OPERATORS LICENSE 6 9 5 3 7 7 5 3 45
FAMILY-OTHER 0 0 0 Q 0 1 3 1 5
FORCIBLE RAPE 0 0 0 Q 0 1 1 0 2
FORGERY/COUNTERFEITING 0 1 6 7 4 0 2 23
FRAUD ACCOUNT CLOSED CHECK 0 0 0 0 0 0 0 0 0
FRAUD BY DECEPTION/FALSE PRETENSES 0 0 0 0 0 0 0 0 0
FRAUD CREDIT CARD/AUTOMATIC TELLER MACH WE 0 1 0 0 0 0 1 0 2
FRAUD IMPERSONATION 0 1 2 0 3 1 3 0 10
t FRAUD NOT SUFFICIENT FUNDS CHECK 0 0 0 0 0 0 0 0 0
FRAUD OF SERVICES/FALSE PRETENSES 0 0 0 0 0 0 0 0 0
FRAUD WIRE 0 0 0 0 0 0 0 0 0
FRAUD - OTHER 0 0 0 0 0 0 1 0 1
FUGITIVE ARREST FOR ANOTHER AGENCY 44 42 48 48 36 44 33 42 337
FURNISHING 0 1 1 1 0 2 0 7
GAMBLWG - GAMES 0 0 0 0 0 0 0 0 0
G.I\NBL ING OTHPP 0 0 0 Q 0 n 0 n 0
'G_",R 3;,S E L:TTFF In-_; <) 0 0 I 1 0 j
tHT T..!,:~ ~_:1I F?r "'-!.]',' I 0 0 1 0 0 1
i~I: ;~~:, -- , .-.k. 1 1 -j
I =-=-,:3:,.: ...; T c:: >1 LfJ< iI 'Lt1 0 0
Woodburn PollC'e Dept_ PAGE
DATE, 9/06/2006 PL6850
TIHE, 17,05,16 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU AUGUST 2006 SCOTTRU
ORIIl, OR0240500 WPD RESULTS FOR ALL CHARGES
CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AUG TOTAL
- ~ ~ - - - - - - - - - -- --- .- ---- --- - - - - - - - - - - - ~ - - - - - - - - -
INTIMIDATION /OTHER CRIMINAL THREAT 9 2 2 6 5 1 5 3 33
KIDNAP FOR ADDITIONAL CRIMINAL PURPOSE 0 0 0 2 0 0 0 C 2
KIDNAP FOR RANSOM 0 0 0 0 0 0 0 0 0
KIDNAP HI-JACK,TERRORIST 0 0 0 0 0 0 0 0 0
KIDNAP HOSTAGE/SHIELD OR REMOVAL/DELAY WITNESS 0 0 0 0 0 0 0 0 0
LICENSING ORDINANCES 0 0 0 0 0 0 0 0 0
LIQUOR LAW-OTHER 0 0 0 0 0 0 0 0 0
LIQUOR LICENSE VIOLATIONS 0 0 0 0 0 0 0 0 0
MINOR IN POSSESSION 0 5 3 6 1 9 8 0 32
MINOR ON PREMISES 0 0 1 0 0 0 0 0 1
MISCELLANEOUS 0 0 0 0 0 0 0 0 0
MOTOR VEHICLE THEFT 2 1 6 0 4 0 2 2 1"
NEGLIGENT HOMICIDE TRAFFIC 0 0 0 0 1 0 0 0 1
NEGLIGENT MANSLAUGHTER 0 0 0 0 0 0 0 0 0
NON CRIMINAL DOMESTIC DISTURBANCE 0 0 0 0 0 0 0 0 0
OTHER 9 14 14 15 7 8 13 6 86
PROPERTY - FOUND LOST MISLAID 0 0 0 0 0 0 0 C, 0
PROPERTY RECOVER FOR OTHER AGENCY 1 0 1 0 0 0 0 0 2
PROSTITUTION COMPEL 0 0 0 0 0 0 0 0 0
PROSTITUTION ENGAGE IN 0 0 0 0 0 1 2 1 4
PROSTITUTION PROMOTE 0 0 0 0 0 0 0 0 0
PUBLIC HEALTH AND SAFETY ORDINANCES 0 0 0 0 0 0 0 0 0
RECKLESS DRIVING 2 0 0 1 5 0 2 13
ROBBERY BANK 0 0 0 0 0 0 0 0 0
ROBBERY BUSINESS 0 0 0 0 0 0 0 1 1
ROBBERY CAR JACKING 0 0 0 0 0 0 0 C, 0
ROBBERY CONV.STORE 0 0 0 0 0 0 0 0 0
ROiRY HIGHWAY 0 0 0 0 0 0 0 0 0
RO RY OTHER 0 0 4 0 0 1 0 C. ~
RO RY RESIDENCE 0 0 0 0 0 0 0 C. 0
ROBBERY SERVICE STATION 0 0 0 0 0 0 0 C. 0
RUNAWAY 3 5 3 2 2 0 0 0 IS
SEX CRIME CONTRIBUTE TO SEX DELINQUENCY 0 0 0 0 0 1 2 1 4
SEX CRIME EXPOSER 0 0 0 0 0 0 0 0 0
SEX CRIME FORCIBLE SODOMY 0 0 0 0 0 1 0 D 1
SEX CRIME INCEST 0 0 0 0 0 0 1 C. 1
SEX CRIME MOLEST ( PHYSICAL) 0 1 2 1 1 2 2 1 10
SEX CRIME NON FORCE SODOMY 0 0 0 0 0 1 0 0 1
SEX CRIME NON-FORCE RAPE 0 1 0 0 0 0 0 C 1
SEX CRIME OBSCENE PHONE CALL 0 0 0 0 0 0 0 C- O
SEX CRIME OTHER 0 0 0 0 0 0 0 0 0
f SEX CRIME PORNOGRAPHY/OBSCENE MATERIAL 0 0 0 0 0 1 0 Co 1
SEX CRIME SEXUAL ASSAULT WITH AN OBJECT 0 2 0 0 0 0 0 Co 2
STALKER 0 0 0 0 0 0 0 0 0
STOLEN PROPERTY RECEIVING,BUYING,POSSESSING 1 1 2 3 1 1 1 2 12
SUICIDE 0 0 0 0 0 0 0 C 0
THEFT BICYCLE 0 1 0 0 0 0 0 0 1
THEFT BUILDING 0 n 0 4 1 0 r s
,HEFT COIl! :,p ;':,\CHIln: 0 0 0 l' 0 0
T:-!F:--'T FRI~M ~~T:'R VEHI~'1 ~ 1 2 2 0 1 1
. .~. -. ,'. It .;.. . [',:-ilCL-E <-'r.;' , 1 0 1
~ " i ,,_
'. Ef._~":' OT}-IE.~' u 3 5 L ,~
Woodburn Pollee Dept_ PAGE
DATE, 9/06/2006 PL6850
TIME, 17,05,16 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU AUGUST 2006 SCOTTRU
ORI# , OR0240500 WPD RESULTS FOR ALL CHARGES
CHARGE DESCRIPTION JAN FES MAR APR MAY JUN JLY AUG TOTAL
~ . - - - ~ - - - - - ~ - - - . - . - - - -------~------------ -- ---- _. - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - -
THEFT PICKPOCKET 0 0 0 0 0 0 0 0 0
THEFT PURSE SNATCH 0 0 0 0 0 0 0 0 0
THEFT SHOPLIFT 6 1 4 4 10 7 6 6 44
TRAFFIC ORDINANCES 0 0 0 2 0 0 0 0 2
TRAFFIC VIOLATIONS 34 50 74 32 39 21 51 34 335
TRESPASS a 5 11 11 12 6 5 3 61
VANDALISM 9 11 2 2 7 1 3 4 39
VEHICLE RECOVERD FOR OTHER AGENCY 1 0 0 0 0 0 0 1 2
WARRANT ARREST FOR OUR AGENCY 0 2 0 0 2 0 2 2 8
WEAPON CARRY CONCEALED 1 1 1 4 2 1 2 1 13
WEAPON EX FELON IN POSSESSION 0 0 3 0 0 0 0 0 3
WEAPON OTHER 0 0 0 0 0 0 0 0 0
WEAPON POSSESS ILLEGAL 0 0 5 2 1 0 0 0 8
WEAPON SHOOTING IN PROHIBITED AREA 0 0 0 0 0 0 0 0 a
WILLFUL MURDER 0 0 0 0 0 0 0 () 0
ZONING ORDINANCE 0 0 0 0 0 0 0 0 0
- - . - - - - - - - - - - - . - - - --~----- ----- --.- ----- - - - - - - - - - - - - - - ---------- ---- - ----------- .--- -----
2006 TOTAL: 213 218 322 253 223 221 270 223 0 0 0 0 1943
2005 TOTAL, 129 149 144 234 241 231 237 250 0 0 0 0 1615
2004 TOTAL, 20B 194 218 195 196 221 162 198 0 0 0 0 1592
~
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: It \ .: r ~' ~; r .1 l ~ d 1:-- ,,\ -J
11A
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.
.
September 11, 2006
FROM:
Honorable Mayor and City Council through City Administrator
Jim Allen. Community Development Director 94.
Ordinance Approving Comprehensive Plan Map Amendment 04-02,
Zone Change 04-03, Conditional Use 04-10, Design Review 05-03
and Sign Design Review 06-06 for the properties located south of
Newberg Highway, east of South Woodland Avenue and west of
Interstate 5 (west of the Hillyer's Mid-City Ford Dealership)
TO:
SUBJECT:
RECOMMENDATION:
Approve the attached ordinance approving Comprehensive Plan Map
Amendment 04-02, Zone Change 04-03. Conditional Use 04-10. Design Review
05-03 and Sign Design Review 06-06.
BACKGROUND:
The City Council. at its August 14. 2006 meeting. directed staff to prepare an
ordinance to approve Comprehensive Plan Map Amendment 04-02. Zone
Change 04-03. Conditional Use 04-10. Design Review 05-03 and Sign Design
Review 06-06. That ordinance is attached.
DISCUSSION:
None.
FINANCIAL IMP ACT:
There is no financial impact associated with the recommended action.
Agenda Item Review:
City Administrat
City Attorney
Finance
45
.' ,.~
COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE GRANTING A COMPREHENSIVE PLAN MAP AMENDMENT FROM
INDUSTRIAL TO COMMERCIAL, A ZONE CHANGE FROM It (LIGHT INDUSTRIAL) ZONE
TO CG (COMMERCIAL GENERAL) ZONE, APPROVAL OF CONDITIONAL USE CASE
FILE NO. 04-10, APPROVAL OF DESIGN REVIEW CASE FILE NO. 05-03 AND
APPROV At 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.
ORDINANCE NO.
46
.....~.",.. ..
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: c-y). ~110 q -- 7 - Z b 0 "
City Attorney Date
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO.
ORDINANCE NO.
47
.. ......... 44'
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
48
.. """",, ....'
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 #106
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
49
.. ".,... .'
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 #1 07 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
50
...< , .......
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
51
".""... .'
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
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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 95.1 04.02(C)(2).
The Comprehensive Plan Map designation on tax lot #106 (1.389 acres in
size) is proposed to be changed from I ndustrial 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
53
operation. According to the applicant, the Winco Foods site is currently built
out. The east property line of tax lot #107 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 WOO 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 Quality - 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
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54
.".> . .."..,.
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. Goal7
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 - Housing - 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
55
h ........ ,~,
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.
Goal 13 - Enemy 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 We? 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 8 of 40
56
or .,,.,....
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 9X. 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 9IV(A). The need to move away from the
historic "bedroom" community label is important and is stated
throughout the WCP. See WCP 91X, 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
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,. ,..,....
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 Winco 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
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". ...~.. .'
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 wep, 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
59
,." ;.."... ~,
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
60
j, < ".....'
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 95.104. 04(C)(2).
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 13 of 40
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" ....,.
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
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62
~" ~
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 of 40
63
" ......
accordance with public works requirements.
A discussion of streets (including sidewalks) is discussed in
Section 3.101 of this report.
c. The impact of the proposed use on the quality of the 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
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.' ........ .'
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
66
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219.
Newberg Highway (boundary street) abuts the north side oftax 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 #1 06 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 (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 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
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Desian 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.
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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 required 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.
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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 subjecUo 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
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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 #1 07 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
71
.,. '.......
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#106
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
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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 #106 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 90-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 th is
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 witt be required to be provided to the Public Works Department for review
and approval.
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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.
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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
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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
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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#106 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 of total 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 #107 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
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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
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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 wo-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
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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:
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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. Streets cape.
1. Street Trees. Within the public street right of way abutting a
development, or within an ally right of way in the DOC zone,
street trees shall be planted to City standards prior to
occupancy.
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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
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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 (SO) 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
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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, R15, 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
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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 1/ 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 of 40
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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
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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 WDO.
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
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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
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EXHIBIT "e"
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
89
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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 OOOT 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 SOC 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
90
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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
91
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WOODBURN
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.
.
September 11, 2006
FROM:
Honorable Mayor and City Council through City Administrator
Steve Krieg, Building Official @
Adoption of state Building Codes
TO:
SUBJECT:
RECOMMENDATION:
Pass the attached ordinance, adopting the current State Building Codes
including the fire sprinkler system requirements in Appendix Chapter AN 109.4.2
through AN109.4.3 (multi-family fire sprinkler system and retrofit provisions), the
structural, mechanical, plumbing, electrical and residential specialty codes, the
manufactured structure installation, park and camp construction, tourist
facilities, manufactured dwelling alterations, and manufactured structure
accessory building and structure regulations.
BACKGROUND:
It is necessary for the City to adopt the most current State of Oregon Building
Codes. In addition to the state code, there are certain optional sections that
may be adopted by local jurisdictions. The optional sections to be adopted are
specified in the ordinance.
Woodburn Fire District Fire Marshal, Paul Iverson has requested that the City
adopt the fire sprinkler system requirements found in Appendix Chapter
AN 1 09.4.2 through AN 1 09.4.3 for multi-family buildings.
DISCUSSION:
Staff proposes adoption of all applicable building codes along with the multi-
family fire sprinkler system provisions. The fire sprinkler system requirements would
mandate a fire sprinkler system in all apartment buildings over one story in size
and in one story apartment buildings with more than 16 attached dwelling units.
The fire sprinkler system retrofit provisions would require sprinkler systems to be
installed in apartment buildings when more than SO percent of the dwelling units
are altered or damaged by more than 60 percent of the value of the those
Agenda Item Review: City Administrato
City Attorney
Finance
92
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Honorable Mayor and City Council
September 11 , 2006
Page 2
.
.
units. The state adopts the fire sprinkler retrofit requirements for optional use in
municipalities. However, it is only effective when specifically adopted by local
jurisdictions on an individual basis and was not mandated statewide.
Adoption of the applicable State building codes is part of a process by the
Building Division to keep current and in compliance with most recent State
adopted building codes and construction requirements.
Adoption of the multi-family fire sprinkler system requirements is an effective way
to provide life safety to Woodburn citizens who live in multi-family structures in
our community.
Staff has included an emergency clause so that the current state codes can be
applied without delay.
FINANCIAL IMP ACT:
None.
93
'0<. ........ .'
COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE ADOPTING CERTAIN STATE SPECIALTY CODES; SETTING FORTH THE
POWERS AND DUTIES OF THE BUILDING OFFICIAL; PROVIDING FOR PROCEDURES
AND FEES; ESTABLISHING PENALTY PROVISIONS; REPEALING ORDINANCE 2293
AND DECLARING AN EMERGENCY.
WHEREAS, the State of Oregon regularly adopts certain specialty codes;
and
WHEREAS, the City has established a building inspection program under
state statutes and the administrative rules of the State Building Codes Division;
and
WHEREAS, under the authority of ORS 455.150, the City of Woodburn
administers those specialty codes and building requirements adopted by the
state which the City of Woodburn is granted authority to administer; and
WHEREAS, it is necessary for the City to periodically adopt the most recent
additions of the state specialty codes so that they can be enforced and
administered within the corporate limits of the City; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Definitions. For the purpose of this Ordinance, the following
terms shall mean:
A. Building Official - means the City of Woodburn Building Official who
is responsible for building inspections and with the administration
and enforcement of this ordinance.
B. State Building Code - or "the code" means the combined specialty
codes adopted by this ordinance.
Section 2. State Codes Adopted. The following codes, standards and
rules are adopted and are by this reference incorporated herein and shall be in
force and effect within the corporate boundaries of the City of Woodburn:
Page 1 - COUNCIL BILL NO.
ORDINANCE NO.
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.,.... .'
A. 2004 Oregon Structural Specialty Code, as adopted by ORS
455.010, including the following optional provisions:
1. Section 104.2 (Applications and permits).
2. Section 104.4 (Inspections).
3. Section 104.5 (Right of entry).
4. Section 104.7 (Liability).
5. Section 104.8 (Approved materials and equipment).
6. Section 104.9 (Modifications).
7. Section 104.10 (Alternate materials, design and methods of
construction and equipment).
8. Section 104.11 (Requests for rulings).
9. Section 105.3.2. (Time limit of application). "An application
for a permit for any proposed work shall be deemed to have been abandoned
180 days after the date of filing, unless such application has been pursued in
good faith or a permit has been issued; except that the building official is
authorized to grant one extensions of time for an additional period not
exceeding 180 days. The extension shall be requested in writing and justifiable
cause demonstrated."
B. Oregon Mechanical Speciality Code, as adopted by ORS 455.020,
including the following optional provision:
1. Section 106.4.3. (Time limit of application). "An application
for a permit for any proposed work shall be deemed to have been abandoned
180 days after the date of filing, unless such application has been pursued in
good faith or a permit has been issued; except that the building official is
authorized to grant one extensions of time for an additional period not
exceeding 180 days. The extension shall be requested in writing and justifiable
cause demonstrated."
C. Oregon Residential Specialty Code, as adopted by ORS 455.610,
including the following optional provisions:
1. Section 105.1 (Demolition).
Page 2 - COUNCIL BILL NO.
ORDINANCE NO.
95
.,...., ."
2. Section 105.3.2 (Time limit of application). "An application for
a permit for any proposed work shall be deemed to have been abandoned 180
days after the date of filing, unless such application has been pursued in good
faith or a permit has been issued; except that the building official is authorized
to grant one extension of time for an additional period not exceeding 180 days.
The extension shall be requested in writing and justifiable cause demonstrated."
3.
requirements).
Sections AN 1 09.4.2 through AN 1 09.4.3 {Fire sprinkler system
4. Section AN109.4.3 (Definition: Substantially altered or
damaged). "The valuation to repair or alter the building or structure exceeds 60
percent of the value of that portion of the building or structure as defined in the
building code and determined by the Building OfficiaL"
D. Oregon 2004 Fire Code Amendments.
E. Manufactured structure installation requirements under ORS
446.155. 446.185 (1) and 446.230;
F. Manufactured dwelling park and mobile home park requirements
under ORS Chapter 446;
G. Park and camp program requirements under ORS 455.680;
H. Tourist facility requirements under ORS 446.310 to 446.350;
I. Manufactured dwelling alterations under ORS 446.155; and
J. Manufactured structure accessory buildings and structures under
ORS 446.253.
Section 3. Powers and Duties of the BuildinQ Official. The Building
Department shall be under the administrative and operational control of the
building official. The building official shall have the power to render written and
oral interpretations of the code and to adopt and enforce administrative
procedures in order to clarify the application of its provisions. Such
interpretations. rules, and regulations shall be in conformance with the intent
and purpose of the code. The building official is authorized to enforce all the
provisions of the code.
Section 4. Riaht of Entry. When it is necessary to make an inspection to
enforce the state building code, or when the building official has reasonable
Page 3 - COUNCIL BILL NO.
ORDINANCE NO.
96
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cause to believe that there exists in a building or upon a premises a condition
which is contrary to or in violation of the code which makes the building or
premises unsafe, dangerous or hazardous, the building official may enter the
building or premises at reasonable times to inspect or to perform the duties
imposed by the code, provided that if such building or premises be occupied
that credentials be presented to the occupant and entry requested. If such
building or premises be unoccupied, the building official shall first make a
reasonable effort to locate the owner or other person having charge or control
of the building or premises and request entry. If entry is refused, the building
official shall have recourse to the remedies provided by law to secure entry.
Section 5. stoe Work Orders. Whenever any work is being done
contrary to the provisions of the code, or other pertinent laws or ordinances
implemented through the enforcement of the code, the building official may
order the work stopped by notice in writing served on any person(s) engaged in
the doing or causing such work to be done. Such person(s) shall forthwith stop
such work until specifically authorized by the building official to proceed with
the work. Notwithstanding the other remedies, if the building official determines
that any building under construction, mechanical work, electrical work, or
plumbing work on any building or structure poses an immediate threat to the
public health, safety or welfare, the building official may order the work halted
and the building or structure vacated pending further action by the city and its
legal counsel.
Section 6. Authoritv to Disconnect Utilities in Emeraencies. The building
official or the building official's authorized representative shall have the authority
to disconnect fuel-gas utility service, or energy supplies to a building, structure,
premises or equipment regulated by the code in case of emergency when
necessary to eliminate an immediate hazard to life or property. The building
official shall, whenever possible, notify the serving utility, the owner and
occupant of the building, structure or premises of the decision to disconnect
prior to taking such action, and shall notify such serving utility, owner and
occupant of the building, structure or premises in writing of such disconnection
immediately thereafter.
Section 7. Connection After Order to Disconnect. Persons shall not make
connections from an energy, fuel or power supply nor supply energy or fuel to
any equipment regulated by the code which has been disconnected or
ordered to be disconnected by the building official, or the use of which has
been ordered to be discontinued by the building official, until the building
official authorizes the reconnecting and use of such equipment.
Section 8. Occupancy Violations. Whenever any building or structure or
equipment is being used contrary to the provisions of the code, the building
Page 4 - COUNCIL BILL NO.
ORDINANCE NO.
97
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official may order such use discontinued and the structure, or portion thereof,
vacated by notice served on any person causing such use. Such person shall
discontinue the use within the time prescribed by the building official after
receipt of such notice to make the structure, or portion thereof, comply with the
requirements of the code.
Section 9. ADDeals Process. When there is an appeal of a staff
interpretation of the code during plan review or inspection, the aggrieved
persons shall be notified of the provisions of ORS 455.475 and the following
procedures:
A. Plan Review. In an informal appeal of a plans examiner's decision,
the plans examiner shall refer the request and any related information to the
building official who, in consultation with appropriate technical staff, shall review
the request and make a final determination in writing to the applicant within 15
days.
In an informal appeal of the building official's decision, the request
shall be forwarded to the State of Oregon, Building Codes Division staff person
responsible for interpretations. Formal appeals shall be forwarded to the
appropriate state board at the Building Codes Division for final action. The
appeal shall be sent to the Department of Consumer Business Services, Building
Codes Division accompanied by the required fee, a completed appeal form of
the department, and justification for the request along with any supporting
information. tORS 455.690)
B. Inspection. When there is an appeal of a field inspector's
interpretation of a particular code, the following process shall be used:
1 . The field inspector shall refer the customer and related
information to the building official. The building official, in consultation with
appropriate technical staff, shall review the request and make a final decision in
writing to the customer within 15 days.
2. Formal appeals of the building official shall be forwarded to
the appropriate state board for final action. The appeals shall be sent to the
Department of Consumer Business Services, accompanied by the required fee,
a completed appeal form of the department, and justification for the request
along with any supporting information. (ORS 455.690)
3. In accordance with ORS 455.690, any person aggrieved by a
final decision may, within 30 days after the date of the decision, appeal to the
appropriate state advisory board as listed below:
Page 5 - COUNCIL BILL NO.
ORDINANCE NO.
98
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. Structural Code - Building Codes Structures Board
. Mechanical Code - Mechanical Board
. Residential Code - Residential Structures Board
. Plumbing Code - Oregon State Plumbing Board
. Electrical Code - Electrical & Elevator Board
. Manufactured Home Installation Standard - Manufactured
Structures & Parks Board.
. Park & Camp Rules - Manufactured Structures & Parks
Board
C. Appeals of Board Decisions. Judicial review of the decision of
advisory boards shall be available as provided in Oregon Revised Statutes
Chapter 183.
Section 10. Permits Not Transferable. A permit issued to one person or firm
is not transferable and shall not permit any other person or firm to perform any
work thereunder.
Section 11. SusDension/Revocation. The building official may, in writing,
suspend or revoke a permit issued under the provisions of the state building
code whenever the permit is issued in error or on the bases of incorrect
information supplied, or in violation of any ordinance or regulation or any of the
provisions of the code.
Section 12. InsDections. It shall be the duty of the permit holder or his
agent to request all necessary inspections in a timely manner, provide access to
the site, and provide all necessary equipment as determined by the building
official. The permit holder shall not proceed with the building construction until
authorized by the building official. It shall be the duty of the permit holder to
cause the work to remain accessible and exposed for inspection purposes. Any
expense incurred by the permit holder to remove or replace any material
required for proper inspection shall be the responsibility of the permit holder or
his agent.
Section 13. Fees.
A. Fees for permits, inspections, plan checks, site plan review, copy
costs, and such other fees that the City Council deems reasonable in order to
administer this ordinance shall be set by ordinance or resolution.
B. The building official may authorize the refunding of fees paid in
accordance with the refund policy in effect.
Page 6 - COUNCIL BILL NO.
ORDINANCE NO.
99
OJ' '..... ..,
C. The determination of value or valuation under any provisions of the
state building code shall be made by the building official. The value to be used
in computing the building permit and plan review fees shall be the total value of
all construction work for which the permit is issued as well as all finish work,
painting, roofing, electrical, plumbing, hearing, air conditioning, elevators, fire-
extinguishing systems and any other permanent or attached equipment.
Section 14. Savinas Clause. If any section, paragraph, subdivision,
clause, sentence, or provisions of the ordinance shall be adjudged by any court
of competent jurisdiction to be unconstitutional or invalid, such judgment shall
not affect, impair, invalidate, or nullify the remainder of the ordinance.
Section 15. Violation-Penalty-Remedies.
A. No person shall erect, construct, enlarge, alter, repair, move,
improve, remove, convert, demolish, equip, occupy or maintain a bUilding or
structure in the city, or cause the same to be done contrary to or in violation of
this ordinance.
B. No person shall install, alter, replace, improve, convert, equip or
maintain any mechanical equipment or system in the city, or cause the same to
be done contrary to or in violation of this ordinance.
C. No person shall install, alter, replace, improve, convert, equip or
maintain any plumbing or drainage piping work or any fixture or water heating
or treating equipment in the city, or cause the same to be done contrary to or in
violation of this ordinance.
D. No person shall install, alter, replace, improve, convert, equip or
maintain any electrical equipment or system in the city, or cause the same to be
done contrary to or in violation of this ordinance.
E. Each violation of a provision of this chapter constitutes a Class 1 civil
infraction and shall be processed in accordance with the procedures set forth in
the civil infractions ordinance.
F. Each day that a violation of a provision of this Chapter exists
constitutes a separate violation.
G. Notwithstanding the other remedies in this chapter, if the building
official determines that any building under construction, mechanical work,
electrical work, or plumbing work on any building or any structure poses an
immediate threat to the public health, safety or welfare, the building official
Page 7 - COUNCIL BILL NO.
ORDINANCE NO.
100
may order the work halted and the building or structure vacated pending
further action by the city and its legal counsel.
H. The penalties and remedies provided in this section are not
exclusive and are in addition to other penalties and remedies available under
city ordinance or state statute.
Section 16. Repeal. Ordinance No. 2293 is hereby repealed.
Section 17. Emeraency Clause. This ordinance being necessary for the
immediate preservation for the public peace, health, and safety so that the
current state codes can be applied without delay, an emergency is declared to
exist and this ordinance shall take effect immediately upon passage and
approval by the Mayor.
Approved as to form:~::}1J- ~
City Attorney
DO;! 1/'2tJO b
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant City Recorder
City of Woodburn, Oregon
Page 8 - COUNCIL BILL NO.
ORDINANCE NO.
101
,'\ '
~~~/~
~-.~-
WOODBURN
llC
~~
I'fcorporartd '!~'1
.
.
September 6, 2006
FROM:
Honorable Mayor and City Council ~o~inistrator
Public Works Program Manager 4
TO:
SUBJECT:
Job Access Reverse Commute Agreement with Salem Area Mass
Transit District for Canby Transit Service
RECOMMENDATION: Approve the attached resolution entering into a Job
Access Reverse Commute Agreement with Salem Area Mass Transit District that
provides grant funds for City of Canby transit service between Canby and
Woodburn .
BACKGROUND: The City of Canby opted out of Tri-Met in 2002 and utilizes the
previous Tri-Met payroll tax to fund their public transportation service. Canby
public transportation service is provided free to users. Canby public
transportation officials have had requests for some time for service to
Woodburn, On August 1, 2006 Canby began providing nine commuter and
clinic/shopping round trips daily between Canby and Woodburn. The Canby
bus service also stops in Aurora and Hubbard. Canby offers service to Oregon
City where they connect to Tri-Met's Portland service. There are also
connections available to Wilsonville and Molalla from the Canby transit center.
A major funding source for Canby's service to Woodburn will be federal Job
Access Reverse Commute (JARC) funding that is available from existing JARC
funds reserved for rural service that Salem Mass Transit District has available.
JARC funds must be used for new service. JARC funds require a 50% local
match that the City of Canby is willing to fund. Canby is looking at this as a test
program and at this time there appears to be JARC funds available for two
years of service. JARC funding past the two-year point is not certain at this time.
The JARC funding controlled by Salem Transit District is for expansion of service in
rural areas of Marion and Polk County. Salem Transit has agreed to use rural
JARC funds that they have remaining for the Canby project since a majority of
the service will be provided in Marion County. Since Canby is located in
Clackamas County Salem Transit determined that the JARC agreement must be
with an agency in Marion County that provi es transit service such as the City of
Agenda Item Review: City Administrato
City Attorney
Finance.- /
102
~'... .'
Honorable Mayor and City Council
September 6, 2006
Page 2
.
.
Woodburn. The City would then pass through the JARC reimbursement to
Canby.
DISCUSSION: During a presentation at the April 10, 2006 City Council meeting
regarding proposed Canby Transit seNice to Woodburn the issue of the City
acting as a pass through agency for JARC funds from Salem Transit to the City of
Canby was addressed. Council indicated during the presentation that they
were agreeable to the City acting as a pass through agency for award of the
JARC funding for the City of Canby.
The agreement from the Salem Mass Transit District formalizes that process. The
City of Canby will prepare the reimbursement request for JARC funds and send it
to the City of Woodburn for review. The City will review and forward the
reimbursement request to the Salem Mass Transit District. The transit district will
review the request and make a reimbursement payment to the City that will be
then passed through to the City of Canby.
Staff recommends that the resolution be approved authorizing the City
Administrator to sign the Job Access Reverse Commute Agreement with Salem
Area Mass Transit District on behalf of the City.
FINANCIAL IMPACT: The reimbursements for the City of Canby will be passed
through City accounts. The funds are not budgeted and will not appear in any
of the City budget documents.
103
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION ENTERING INTO THE JOB ACCESS REVERSE COMMUTE
AGREEMENT FOR FY 2006-2008 WITH THE SALEM AREA TRANSIT DISTRICT AND
AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH AGREEMENT.
WHEREAS, the City of Canby has developed a public transportation service
between Canby and Woodburn and proposes to utilize Job Access Reverse Commute
grant funding available from the Salem Mass Transit District to support this public
transportation service; and
WHEREAS, Salem Mass Transit District desires to enter into an agreement with
an agency in Marion County for disbursement of the Job Access Reverse Commute
grant funding and the City of Canby is located in Clackamas County; and
WHEREAS, The City of Woodburn is an agency in Marion County and is
agreeable to entering in an agreement with Salem Mass Transit District for
disbursement of the Job Access Reverse Commute grant funding that will be passed
through to the City of Canby; and
WHEREAS, the public transportation service provided by the City of Canby
benefits the City of Woodburn by providing enhanced public trasportation opportunities
for the City's residents, NOW THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into the Job Access Reverse
Commute Agreement for FY 2006-2008 with the Salem Area Transit District, which
is affixed as Attachment" A" and by this reference incorporated herein, to secure Job
Access and Reverse Commute grant funding that will be passed through to the City
of Canby.
Section 2. That the City Administrator is authorized to sign said agreement on
behalf of the City.
Page 1 -
COUNCIL BILL NO.
RESOLUTION NO.
104
,..,...... .'
Approved as to form: c-;r). rrr- /IQ
City Attorney
q /7 /zao!J
Dale '
APPROVED:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the office of the Recorder
ATTEST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
105
.H.... .'
ATTACHMENT "A"
Due to the length of the attachment, it has not been
included with the Council packet. The attachment
will be available for review at the Public Works
office or at the council meeting.
106
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WQODBURN
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September 5, 2006
TO: Honorable Mayor and City Council through City Administrator
FROM: Randy Scott, Senior Engineering Technician through the PUbliC~
Works Director ~. S .
SUBJECT: Country Club Road street Improvements
RECOMMENDA liON:
It is recommended the City Council award construction contract to the lowest
responsible bidder, Parker Northwest Paving Company, Inc. for street, storm
drain and undergrounding improvements on Country Club Road in the amount
of $433,581.96.
BACKGROUND:
The contract is in conjunction with Project 2005-021-31, Bid No. 2007-02 for the
street and storm drain improvements on Country Club Road Between Boones
Ferry Road and Astor Way. The surface improvements include two travel lanes,
sidewalks, bike lanes and curbs on each side. The project also includes
undergrounding overhead utilities.
Bids for the improvement opened on August 29, 2006. Five bids were received.
l.
2.
3.
4.
5.
Parker Northwest Paving
D & D Paving
Kodiak Benge
MBI
KERR Contractors
$433,581.96
$502,1 78.31
$515,171.00
$518,305.46
$545,376.51
$403,219.71
Engineers EsUmate
The recommended award is within 7% of the Engineers estimate
DISCUSSION:
The Council at its July 24, 2006 meeting, adopted Ordinance No. 2407, ordering
improvements to Country Club Road bet en Boones Ferry Road and Astor
Agenda Item Review: City Administrator
City Attorney
Finance
107
..; ~'... 1";
Honorable Mayor and City Council
September 5, 2006
Page 2
.
.
Way, adopting the Local Improvement District (LID), directing for the contract
award and providing for payment of costs through assessment of properties in
the Local Improvement District.
The engineer's estimate is approximately 7% below the lowest responsible
bidders amount and 19% below the second lowest bidders amount.
Construction costs have escalated in the last few months. According to Oregon
Department of Transportation database for asphalt/petroleum costs, we have
seen an increase of approximately 42% since January of this year. Staff has
reviewed the bid proposal with the lowest responsible bidder who is comfortable
with the bid as submitted.
The contract award is in conformance with public contracting laws of the State
of Oregon as outlined in ORS Chapter 279C and the laws, regulations of the City
of Woodburn, therefore staff is recommended the contract be awarded.
FINANCIAL IMP ACl:
The project cost of $433,581.96 will be funded utilizing approved budgeted
funds, $273,300 Property Assessment, $106,081.96 Street/Storm CIP Fund, $54,200
Traffic Impact Fund.
108
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WOODB-URN
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.
.
September 1,2006
TO: Honorable Mayor and City Council through City Administrator
SUBJECT:
David Torgeson, Assistant City Engineer, through Director of Public ~
Works /ftf
Contract Award - Laurel Avenue/99E (Aztec to lomlln> Watermaln
FROM:
RECOMMENDA liON:
Award a contract to the lowest responsible bidder, ML Houck Construction, in
the amount of $171 ,044.40
BACKGROUND:
Bids were opened August 23, 2006 for the watermain installation per approved
CIP project along Laurel Avenue and Highway 99E. The work will replace lines of
insufficient size and will complete a loop of the municipal system. The project
consists of three elements which were bid in separate schedules. 1,117 feet of 8-
inch water line will be installed in Laurel A venue. Connecting lines (located in
State Highway 99E Right-of-Way) run south to Tomlin and north to Aztec. Lengths
and sizes of these lines are 305-feet of 8-inch diameter and 255-feet of six-inch,
respectively. Completion will increase fireflows in the vicinity and will eliminate
dead-end watermains.
DISCUSSION:
Responsive bids were received from three pre-qualified contractors with the
following results:
Engineer's Estimate
Dunn Construction
M L Houck Const.
Kerr Contractors, Inc
$163,968.00
$274.878.00
$171 ,044.40
$434,832.00
The lowest bid is about $7,000 (or 4.3 percent) above the Engineer's Estimate.
This amount is well within the limit of contingencies that was expected at the
time budget for the project was developed.
Agenda Item Review: City Administrat
City Attorney ---=-
Finance
109
.; ...... .;
Honorable Mayor and City Council
September 1, 2006
Page 2
.
.
FINANCIAL IMPACl:
The approved CIP budget for FY 2006-07 includes sufficient funds for this project
under budget line items 474.611.9531.5634, 466.611.9531.5634, and
466.611.9512.5411 for design, construction engineering, and materials testing.
110
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WOODBURN
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September 5, 2006
TO: Mayor and City Council through City Administrator
FROM: Randy Scott, Senior Engineer Technician, Through the Public Works C-Q]f)
Director ~..<;. ~
SUBJECT: Acceptance of Public Rights of Way on Front street at Tout Street
Intersection.
RECOMMENDA liON:
It is being recommended that the City Council accept the attached Public
Rights of Way as described on Attachment "A".
BACKGROUND:
The Public Right of Way is being conveyed by Mr. & Mrs. Kravets for $925.00 in
compensation. The property is located at 125 Tout Street, intersection of Tout
and South Front Street. The right of way is approximately 37 square feet in area.
The dedication covers the area that a sidewalk was inadvertently constructed
on the subject property in conjunction with the South Front Street Improvement.
The sidewalk encroachment is adjacent to South Front Street
DISCUSSION:
The final design of South Front Street indicated a need for property acquisition
from the subject property. However. prior to work commencing on the project,
city staff requested the design engineer modify the intersection alignment,
realign the intersection as not to encroach upon the property. Although the
design was modified, the change was not incorporated in the construction field
staking and the encroachment occurred. The removal to a portion of the
sidewalk in the encroachment area is possible, but it is better to leave it as
constructed because it provides a better turning radius and wider walkway.
The acquisition cost of the right of way is based on the Marion County Assessors
records for the real market value of the property and the property owner is not
willing to dedicate right of way below this value.
Agenda Item Review: City Administrato
City Attorney _
111
.,... ."
Mayor and City Council
September 5, 2006
Page 2
.
.
FINANCIAL IMP ACT:
The conveyance cost of $925.00 will be paid from public works facilities
construction fund (378) that is specially dedicated for right of way and
easement purchases.
Included is a vicinity map
Included as Attachment "A" is the properly signed Right of way Dedication and
map
112
ATTACHMENT "A"
WARRANTY DEED
GRANTOR, Victor Kravets and Anna Kravets conveys and warrants to
GRANTEE, CITY OF WOODBURN. a munidpal corporation of the State of
Oregon, the hereinafter described real property, free of encumbrances except as
specifically set forth herein, situated in Marion County, Oregon.
Consideration: The true and actual consideration for this transfer is
$925.00.
Tax Statements: Until a change is requested, all tax statements shall be
sent to the following address: City of Woodburn, 270 Montgomery Street,
Woodburn, OR 97071.
Person authorized to receive the instrument after recording: Mary Tennant,
City Recorder, 270 Montgomery Street, Woodburn, OR 97071.
The real property conveyed by this deed is legally described as follows:
See aHached Exhibit -A" Legal Description of Permanent Easement
and attached Exhibit -8" Sketch of Legal Description which are by
this reference incorporated herein
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY
DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND
USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY
SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING
DEPARTMENT TO VERIFY APPROVED USES.
THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE
WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE
PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH,
IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR
SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING
OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY
APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR
STRUCTURES.
DA TED this \ 7 day of
AVGU6-r-
,2006
Warranty Deed
Pa{JO 1 of 4
113
"..... .'
LA'~ ~~
Victor Kravets
/~d ~~~
Anna Kravets
PERSONAL ACKNOWLEDGEMENT
STATE OF OREGON, County of Marion} 55.
The foregoing instrument was acknowledged beforE; 9'1e this 17
day of A(Z,~r- ,20~by \/lc.IOC? ~^v~rs 5
A~N~ Ic?~AVt:.1S
_OFFICIAL SEAL
RANDY SCOTT
~. . NOTARY PUBLIC . OREGON
, COMMISSION NO. 404926
MY COMMISSION EXPIRES MAY 9. 2010
NOTA
My Co
FOR ORj:GON
Ission Expires: III ~'Y 11 toft)
I' I
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
(Grantee's Name and Address)
Accepted on behalf of the City of Woodburn
after authorization by its City Council on
date
on the condition that the interests conveyed
herein are free and dear from taxes, liens,
and encumbrances.
City Recorder:
Mary Tennant
Warranty Deed
Page 2 of 4
114
"-"""" .'
EXHIBIT A
FEE TAKE
A tract of land for road right-of-way purposes within that tract ofland described in Book
1239, Page 515, Marion County Deed Records, in the Northwest One-Quarler of Section
18, Township 5 South, Range I West, Willamettc Meridian, City of Woodbun1, Marion
County, Oregon being more particularly described as follows:
Beginning at the intersection of the northwesterly line of Front Street and the
northeasterly line of Tout Street; thence North 48035'42" West 3.46 feet contiguous with
said northeasterly line of Tout Street; thence leaving said northeasterly line North
56003 '08" East 6.51 feet; thence North 48044 '26" East 19.58 feet to said northwesterly
line of Front Street; thence South 42055 '57" West 25.72 feet contiguous with said
northwesterly line to the Point of Beginning containing 36.38 square feet, more or less.
JULY 12. 2000
DAVEN E. COATE
527.35LS
T l. I (,OC)
7 I( ,/1)(,
115
.H"..... ..,
I:;J
~.A'-'I~II
FEE TAKE
Located wtlh/n the NW 1/4 of Sect/on
5 South, Range I West, W,I/amette
C/ty of Woodburn, Mar/on County,
"l
"t
18, Township
Mendian,
Oregon
5 IW IBBe
TAX LOT 1600
BOOK 1239, PAGE 515
N 56'OJ '08 N E
6.51
N 48'44 '26" E
19.58
R/W
5 42'55 '57" W
25. 72
SOUTH FRONT STREET
- - - - R/W - - - - - - - - - - - - - - - - - - - - - - R/W - - - - - -
LEGEND
POB POINT OF BEGINNING
R/W RIGHT-OF-WAY
Pr~por~d by:
DEHAAS 4
ASSOCIATES, INC
r;iJ/ Te JOO - .A, G, C. CeNTeR
'1450 s. It': COMMeRCE: CIRCLE:
WIL SONVILLE:. OReGON 97070
/JIIONE: (50J) 682-2-150
Prepared for
Thi1 CITY of WOODBURN
PLAN
Scale: ! "=20'
07/06/06
9808255J
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September 5, 2006
FROM:
Mayor and City Council through City Administrator
~Moore, C. E. Tech III, through the Public Works Director ~
TO:
SUBJECT:
Easement Acceptance, 489 Grant street
RECOMMENDAlION:
It is recommended that the City Council accept the Permanent Utility Easement
from Jonathan W. Edy, 489 Grant Street, as described on Attachment "A".
BACKGROUND:
The property owner at 489 Grant Street is repairing the sidewalk in the public
right-of-way, which is lifted due to a large tree in the parking strip. To avoid
damage to the tree roots the sidewalk will be curved around the tree onto
private property. There is no room to keep the sidewalk in the public right-of-
way and away from the tree roots.
The Permanent Easement conveyance terms for the placement of the sidewalk
are outlined in Attachment "A".
DISCUSSION:
The permanent easement is four (4) feet in width and 22 feet long, which the
sidewalk will be placed within to avoid the tree roots. A map of the easement is
included in Attachment "A".
FINANCIAL IMPACT:
There is no impact other than minor incidental costs.
Attachment:
Attachment "AIt, Permanent Utility Easement
Agenda Item Review:
City Administrat
City Attorney _
Finance
117
.,.,... .'
AFTER RECORDING RETURN TO:
Woodburn City Recorder
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
CITY OF WOODBURN, OREGON
PUBLIC UTILITY EASEMENTS
(Permanent)
JONATHAN W. EDY, GRANTOR, grants to the CITY OF WOODBURN,
OREGON, hereinafter called CITY, a permanent easement and right-of-way, including
the permanent right to construct, reconstruct, operate, and maintain a sidewalk on the
following described land:
See attached Exhibit '~" Legal Description of Permanent Easement and
attached Exhibit "B" Sketch for Legal Description of Permanent Easement
which are by this reference incorporated herein
GRANTOR reserves the right to use the surface of the land for any purpose that
will not be inconsistent or interfere with the use of the easement by CITY. No building
or utility shall be placed upon, under, or within the property subject to the foregoing
easement during the term thereof, however, without the written permission of CITY.
Upon completion of the construction, CITY shall restore the surface of the
property to its original condition and shall indemnify and hold GRANTOR harmless
against any and all loss, cost, or damage arising out of the exercise of the rights granted
herein.
The true consideration of this conveyance is one dollar ($1.00), and other
valuable consideration, the receipt of which is acknowledged by GRANTOR.
GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of
the above-granted premises, free from all encumbrances and that GRANTOR and their
heirs and personal representatives shall warrant and forever defend the said premises
and every part thereof to CITY against the lawful claims and demands of all persons
claiming by, through, or under GRANTOR.
DATED this ~ day of SePrc:K8~ ,20oG,.
Public Utility Easements (Permanent)
Page 1 of 4
118
H.""'" .'
Jonathan W. Edy
BY:
PERSONAL ACKNOWLEDGEMENT
STATE OF OREGON, County of ~,\p..,i2(O'.J ) ss.
The foregoing instrument was acknowledged before me this i bT""
day of Sc."'rcM\ocK" , 20 ~G::. by ::JOllA THieN w. e:.oy!
_OFFICIAL SEAL
RANDY SCOTT
\. ./ NOTARY PUBLIC - OREGON
COMMISSION NO. 404926
MY COMMISSION EXPIRES MAY 9, 2010
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
(Grantee's Name and Address)
Accepted on behalf of the City of Woodburn after
authorization by its City Council on
date
on the condition that the interests conveyed
herein are free and clear from taxes, liens, and
encumbrances.
City Recorder:
Mary Tennant
Public Utility Easements (Permanent)
Page 2 of 4
119
"".... .'
EXHIBIT ClA"
Legal Description of Permanent Easement
A sidewalk easement four feet in width over a portion of Lot 1, Block 8, Addition "Cn to
the City of Woodburn as recorded in Marion County Block of Town Plats, Volume 3,
Page 87 in Section 7, Township 5 South, Range 1 West of the Willamette Meridian,
Marion County, Oregon more particularly described as follows:
Beginning at the most northwesterly comer of Lot 1, Block 8, Addition "c" to the City of
Woodburn; Thence North 410 15' East along the most northerly line of said Lot 1, 4.00
feet; Thence South 480 45' East parallel with the westerly line of said Lot 1, 22.00 feet;
Thence South 410 15' West, to a point on the said westerly line, 4.00 feet; Thence North
48045' West along the said westerly line, 22.00 feet to the place of beginning and
containing 88 square feet of land.
Public Utility Easements (Permanent)
Page 3 of 4
120
",... .'
EX\..\\arr "a"
Sketch lor Lellal oescrlptlon 01 pertl\anent Easement
'-"
'.
PUblIC Ullllty Eaoemenlo \permanenl)
page A ot A
121
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.
September 11, 2006
FROM:
Honorable Mayor and City Counc,il d
John C. Brown, City Administrato~V
TO:
SUBJECT:
Finance Director Employment Agreement
RECOMMENDATION:
It is recommended the City Council approve and authorize the City
Administrator to execute an employment agreement with D. "Benj." Gillespie,
Finance Director, effective October 1 , 2006.
BACKGROUND:
Based on the Council's desire to compensate managers on the basis of
performance, all senior level managers, with the exception of the Finance
Director now have employment agreements. Managers with employment
agreements also include division-heads in the Community Development,
Community Services, Police and Finance departments. Contracts were
negotiated with these managers as a condition of employment for newer hires,
or converted existing positions to at-will employment.
"At-will" employment provides incentive for performance and will streamline any
serious discipline that might be necessary. These agreements specify the terms
of the employee's working relationship with the City including compensation,
benefits to be extended, and restrictions placed on the employee by
employment. Contract employees, however, can be released at any time, with
or without cause. Severance provisions provide contract employees financial
protection for terminations without cause, and inducement for the City to avoid
hasty disciplinary decisions.
When setting compensation, I examine position requirements and comparative
salaries in jurisdictions deemed likely to compete for applicants. Jurisdictions
from one to two times Woodburn's size, and organized similarly, are used as
comparators. This approach focuses on the salary needed to attract highly
qualified candidates. The attributes of t particular manager, including
Agenda Item Review:
City Administrator
City Attorney_
Finance
122
.,. "-".. .'
Honorable Mayor and City Council
September 11, 2006
Page 2
.
.
longevity and past contributions are reflected in non-salary compensation.
Flexibility in the benefits reflected in these employment agreements has been
needed, to provide sufficient inducement for longer-tenured managers to
abandon the "civil service" positions for the less secure conditions related to at-
will employment.
DISCUSSION:
The final senior level management contract is with the Finance Director. This
contract (Attachment 1) is largely consistent with the agreements of other
Woodburn management employees. It has a three-year term, and guarantees
employment conditions during that period. The employee serves "at will" and
can be terminated at any time, with or without cause. Severance is paid if the
employee is terminated without cause. "Cause" is specified in the agreement.
The employee may leave employment with the City during the contract period,
with 30 days advance notice.
Administrative staff completed a Finance Director compensation survey last
December. Comparators included Albany, Lake Oswego, Keizer, McMinnville,
Oregon City, Grant's Pass, Tigard, Tualatin and West Linn. Comparable monthly
salaries in these cities ranged from a low starting salary of $4,977 in West Linn to
a high ending salary of $8,337 in Oregon City. The average of monthly salaries
paid in these cities to incumbents at the top step of the salary range was $7,389.
All of these cities offered benefit packages that are in most aspects at least
attractive as ours. It should be noted that over 60 percent paid both sides of the
PERS contribution for their employees. Based on your stated preferences, the
City has not paid the employee's share of PERS (worth 6 percent of base salary)
in the last several contracts with Woodburn managers, including this one. The
current salary range for Woodburn's Finance Director position is $5,339 to $6,336.
Mr. Gillespie has been at the liD" step of the range since 2000 and received only
COLA adjustments during that time.
Organizational comparisons were difficult to make. According to our survey,
Woodburn's is the only Finance Director of the cities surveyed responsible for
Information Services, and manages among the larger number of staff positions.
Several cities surveyed combine finance with City Recorder and/or Municipal
Court functions. Others limit the director's responsibility to finance and treasurer
functions only. All of these functions are important, although our reliance on
Information Services has been extremely important to our ability to contain
staffing costs and increase efficiently. With Mr. Gillespie's leadership, we
updated hardware and major software programs during this decade, and
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Honorable Mayor and City Council
September 11 , 2006
Page 3
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greatly expanded the number of and uses for PC's on city desks and IS staff's
ability to serve City needs.
Based on the forgoing, Mr. Gillespie requested, and I am recommending, a
contract salary of $7,500 per month. This salary compares well to the market for
an individual with Mr. Gillespie's experience, and takes into account the mission
critical importance of the functions under his management. The agreement to
convert Mr. Gillespie's position to at-will employment was made in December
2005, and should have been implemented in January 2006. A variety of
workload factors, none within Mr. Gillespie's control, delayed implementing that
change. Accordingly, I am recommending this compensation adjustment be
applied retroactively to January 2006. On a go-forward basis, his salary may be
adjusted annually by the City Administrator, based on successful completion of
goals agreed upon by him and the City Administrator. Mr. Gillespie and I have
agreed upon an ambitious program of work for him during the coming year. His
goals for the next evaluation period include:
. Establish cable TV franchise for Data Vision, including support for PEG
programming and City wireless "hotspots"
. Assist Public Works in securing a DEQ construction loan for sewer
treatment plant expansion.
. Implement e-commerce for City licenses, permits, and user fees and
charges; investigate feasibility of implementing for Court fines
. Upgrade telephone software in City Hall
. Audit three of the six hotels in town for compliance with the Transient
Occupancy Tax ordinance
. Update the City's web site to offer a cleaner look, enhanced navigation,
and more and more timely information
. Finalize update to business registration ordinance by completing
enforcement phase of project, and investigate, recommend and
implement procedural improvements to insure effective ongoing program
administration
. Audit the cash-handling practices of City operating departments, and
implement recommendations of City's independent auditor
. Complete and submit for GFOA award the City's 2007-08 budget
. Coordinate Finance, City Recorder, and Public Works department
activities to implement and finalize LIDs, including Boone's Ferry, Phase II,
West Lincoln Street, County Club Road, and Tout Street
. Assure compliance with reporting requirements for Police Facility bonds
and urban renewal borrowing
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Honorable Mayor and City Council
September 11, 2006
Page 4
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. Provide strict oversight attention to budget and financial management in
all City departments
. Complete evaluation, and commence selection, of citizen complaint
software
As with other senior managers under contract, Mr. Gillespie will accrue 10 days
per year of Executive leave, and foregoes accruing compensatory time off for
work in excess of forty hours per week. Other major provisions of the agreement
allow three months severance if he is terminated without cause, paid
membership in two professional organizations, and use of a city vehicle or
reimbursement at the I RS rate for travel in his personal vehicle on city business.
As additional inducement to forego job security, in exchange for at-will
employment, and in recognition of 11 years of service as the City's Finance
Director, the contract provides Mr. Gillespie with 20 days of vacation leave in
the coming year. That amount will increase by one day, in each succeeding
year of his contract, to a maximum of 22 days.
The agreement compensates Mr. Gillespie for the responsibilities he will execute
during its term, sets into place a mechanism for recognizing performance in the
future, and establishes a competitive salary for future recruitment of a Finance
Director. For these reasons, your approval of an employment agreement, and
authorization for execution by the City Administrator, is respectfully
recommended.
FINANCIAL IMPACT:
The attached agreement increases the Director's base compensation from
$74,172 to $90,000 annually. It increases the total cost of salary and benefits,
including all city-paid benefit costs, from $102,311, to $121,876 annually. The
total cost of this increase in 2006-07 is $19,565: the General fund cost of this
increase in 2006-07 is $17,804. Retroactive pay to January 2006 is $9,728, of
which $8,852 is a General fund cost. These compensation adjustments are in lieu
of any cost of living increase that would have otherwise been awarded to Mr.
Gillespie in 2006.
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Employment Agreement
D. Benj. Gillespie
City of Woodburn
Finance Director
THIS AGREEMENT made and entered into this 12th day of September 2006 by and
between the City of Woodburn, an Oregon municipal corporation, hereinafter referred to
as "City," and D. Benj. Gillespie, hereinafter referred to as "Gillespie," both of whom
understand and agree as follows:
RECITALS
Whereas, City desires to retain the services of D. Benj. Gillespie as Finance
Director of the City of Woodburn, and City desires to provide certain benefits, establish
certain conditions of employment and to set working conditions of said Employee, and
to provide an inducement for him to remain in such employment; and
Whereas, Gillespie desires to retain his employment as Finance Director of the
City of Woodburn; and
Whereas, the City Administrator has authority to execute this Agreement on
behalf of the City.
NOW, THEREFORE, in consideration of the mutual covenants herein contained,
the parties agree as follows:
1. Duties
City hereby agrees to employ Gillespie as the Finance Director of the City of
Woodburn to perform on a continuing basis the functions and duties which are
generally described in the City's Municipal Ordinances and the Finance Director's
job description, and to perform other legally permissible and proper duties and
functions as the City Administrator shall from time to time assign.
2. Hours of Work
Gillespie shall devote (40) hours per week to the duties and responsibilities of his
position, and any additional work time required to discharge the duties and
functions as assigned. This provision shall not restrict Gillespie from using
vacation or personal leave for teaching, consulting or related activities, provided
these activities do not conflict with regular duties of Gillespie. Gillespie shall
receive permission in advance from the City Administrator to engage in these
activities to insure that no conflicts exist.
EMPLOYMENT AGREEMENT - D. "BEN" GillESPIE
PAGE 1
126
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3. Terms
A. Duration and Effective Date. The term of this Agreement shall commence
on September 12, 2006 and end on September 30, 2009 at 5:00 p.m.
B. At Will Employment. Both parties acknowledge and agree that Gillespie is
considered to be an at will employee who may be terminated by the City
with or without cause, pursuant to the terms of this Agreement.
C. Extension of Aqreement. The term of this Agreement may be extended by
written consent of the parties for a period of time that is acceptable to both
parties. If the parties decide to extend this Agreement, negotiations shall
commence by July 1, 2009.
4. Termination
Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of City for any reason whatsoever with or without cause to terminate the services
of Gillespie at any as provided herein.
A. Termination for Cause. If Gillespie is terminated during the term of this
Agreement for cause, City shall have no obligation to pay the severance
pay under this Agreement. For the purposes of this Agreement, "cause" is
defined as follows:
1. Indictment for an illegal act. If such indictment does not ultimately
result in conviction, then Gillespie shall receive severance pay. If
the indictment does ultimately result in a conviction, Gillespie shall
not receive severance pay; or
2. Abandonment by Gillespie of his position as Finance Director; or
3. Determination by City that Gillespie is guilty of fraud, dishonesty or
any other act of misconduct in performance of Gillespie's duties on
behalf of City. Such determination by City shall be made in
accordance with disciplinary and grievance procedures set forth in
the adopted personal policies of the city in force and effect on the
date of the alleged misconduct; or
4. Violations of any of the requirements of this Agreement.
B. Termination Without Cause/Severance Pay. If City elects to terminate this
Agreement without cause, City shall pay Employee a lump sum severance
pay equaling three (3) months of base salary. Severance shall be paid
within thirty (30) days of the date of termination.
5. Resignation
EMPLOYMENT AGREEMENT - D. "BEN" GillESPIE
PAGE 2
127
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Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of Gillespie to resign at any time from this position with City subject to the
provisions of the Agreement. In the event Gillespie voluntarily resigns this
position before the expiration of the aforesaid term of employment, Gillespie shall
give City a minimum of thirty (30) days written notice, unless the parties agree
otherwise.
6. Severance Pay
If City elects to terminate this Agreement within Service Period, City will pay
Gillespie a lump sum severance pay equaling three (3) months of base salary.
Severance shall be paid within thirty (30) days of the date of termination.
7. Compensation
Retroactive to January 1, 2006, City agrees to pay Gillespie a base salary of
$90,000 per year for services rendered. Such salary shall be payable in
installments at the same time as the regular employees of City are paid.
Annually, and based upon a performance evaluation by the City Administrator, an
increase in salary may be negotiated. In addition, Employee shall receive all cost
of living adjustments granted to other permanent management employees of the
City in calendar years 2007 and 2008.
8. Use of Automobile
Gillespie may have use of a City-owned vehicle to conduct City business when
such a vehicle is available. When such a vehicle is not available, causing
Gillespie to use his privately owned vehicle, or where Gillespie elects to use his
privately owned vehicle, he shall be reimbursed by City for actual business travel
at the maximum amount per mile allowed by the Internal Revenue Service.
9. Executive Leave
In lieu and in place of compensatory time off applicable to other management
employees, Gillespie shall accrue ten (10) executive leave days per year.
10. Prior Accumulated Leave
Gillespie shall be credited for all the vacation time, annual leave, sick leave, and
executive leave, which he accumulated prior to the execution of this agreement.
11. Other Benefits
Except for vacation accrual, as specified in Section 12, City shall provide
Gillespie with a standard benefit package as is offered other fulltime City
employees including health, dental and life insurance, PERS benefits, and sick
EMPLOYMENT AGREEMENT - D. "BEN" GillESPIE
128
PAGE 3
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leave. Employee shall be allowed to participate in City's deferred compensation
program. Consistent with general City policy, City shall pay on the "employer
portion" of PERS and does not agree to "pick up" payment of the "employee
portion."
12. Vacation
Gillespie shall accrue twenty (20) days of vacation leave during the first year,
twenty one (21) days in the second year, and twenty two (22) days vacation
leave in the final year of this agreement.
13. Performance Evaluation
The City Administrator shall evaluate Gillespie's performance annually. The
evaluation shall be in accordance with specific criteria developed the City
Administrator and with goals and performance objectives developed jointly by the
City Administrator and Gillespie. The City Administrator shall provide Gillespie
with a summary written statement of the findings of the evaluation process and
adequate opportunity for Gillespie to discuss the evaluation with the City
Administrator.
14. Professional Development
A. City agrees to pay for professional fees, dues and subscriptions on behalf
of Gillespie that are reasonably necessary to the participation in
organizations necessary and desirable for continued professional growth
and advancement.
B. Subject to available funds and City Council appropriation, City agrees to
pay the travel and subsistence expenses of Gillespie for official travel,
meetings and occasions reasonably adequate to continue the professional
development of Gillespie, and to reasonably pursue necessary official
functions for the City.
C. Subject to available funds and City Council appropriation, City agrees to
pay travel and subsistence expenses for travel to and attendance at
Government Finance Officers Association and Oregon Finance Officers
Association conferences.
D. Gillespie shall maintain throughout the life of this Agreement valid
memberships in the Government Finance Officers Association and the
Oregon Finance Officers Association. City shall pay for these
memberships.
15. Liability
EMPLOYMENT AGREEMENT - D. "BEN" GillESPIE
PAGE 4
129
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City agrees to indemnify, hold harmless and defend at its expense Gillespie from
any and all claims, actions, losses, damages, charges, expenses or attorney's
fees to which Gillespie may be subject to arising out of, or resulting from, the
performance of his official duties hereunder, excepting from criminal acts or
gross negligence. Notwithstanding the foregoing, City's obligation under this
Section shall not apply to any punitive or exemplary damages that may be
awarded by a Court against Gillespie.
16. Other Terms and Conditions
A. City may from time to time fix other terms and conditions relating to
Gillespie's performance hereunder, provided such terms and conditions
are not inconsistent or in conflict with the provisions of this Agreement.
B. Gillespie shall perform his duties in accordance with all the laws,
ordinances, rules and regulations applicable to his position.
C. The entire Agreement between the parties with respect to the subject
matter hereunder is contained in this Agreement. Except as herein
expressly provided to the contrary, the provisions of this Agreement are
for the benefit of the parties solely and not for the benefit of any other
person, persons or legal entities.
D. Gillespie acknowledges that he has not been induced to enter into this
Agreement by any representation or statements, oral or written, not
expressly contained herein or expressly incorporated by reference. City
makes no representations, warranties or guarantees, expressed or
implied, other than expressed representations, warranties and guarantees
contained in this Agreement.
17. Notice
Any written notice hereunder shall become effective as of the date of mailing by
registered or certified mail, and shall be deemed sufficiently given if sent to the
addresses as stated in this Agreement, or at such other address as may
hereafter be specified by notice in writing. In lieu of mailing, written notice shall
become effective as of the date it is personally delivered to the addressee. Any
notice required to be given under the terms and conditions of this Agreement
shall be given as follows:
City of Woodburn
John C. Brown
City Administrator
270 Montgomery Street
Woodburn, OR 97071
D. Benj. Gillespie
Finance Director
2538 NE 4th Ave.
Portland, OR 97213
18. Severability
EMPLOYMENT AGREEMENT - D. "BEN" GILLESPIE
PAGE 5
130
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If any part, term, or provision of this Agreement is held by the courts to be illegal
or in conflict with the laws of the State of Oregon, the validity of the remaining
portions of the Agreement shall not be affected and the rights and obligations of
the parties shall be construed and enforced as if the Agreement did not contain
the particular part, term, or provision.
In Witness Whereof, the parties hereto have executed this Agreement on the day and
year first written above.
CITY OF WOODBURN FINANCE
DIRECTOR
John C. Brown, City Administrator D. Benj. Gillespie
EMPLOYMENT AGREEMENT - D. "BEN" GillESPIE PAGE 6
131
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September 11, 2006
TO:
Honorable Mayor and City Council
FROM:
John C. Brown, City Administrator
SUBJECT:
City Attorney Employment Agreement
RECOMMENDATION:
It is recommended the City Council approve and authorize the Mayor to execute
the attached Addendum "E" to the City Attorney's employment agreement.
BACKGROUND:
At your August 14, 2006 meeting you evaluated the City Attorney's performance
and found that it met or exceeded your expectations for this position. You then
authorized a COLA adjustment (4.1 %) to be paid effective with the August 1, 2006
contract period rather than waiting until October 2006 when the Non-Union
employees receive their COLA adjustment.
DISCUSSION:
Attached, for your approval, is an addendum to the City Attorney's employment
agreement, which reflects the compensation adjustment approved by the Council
on August 14,2006. All other provisions of the Attorney's employment agreement
remain unchanged.
FINANCIAL IMPACT:
The cost of the recommended action for FY 2006-07 is approximately $5,382.00; the
annualized cost is approximately $5,689.00.
Agenda Item Review:
City Administrator
City Attorney _
Finane'
132
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ADDENDUM "E"
COMPENSATION ADJUSTMENT
(AS RESULT OF CITY COUNCIL AUGUST 14,2006 ANNUAL EVALUATION)
TO EMPLOYMENT AGREEMENT WITH
N. ROBERT SHIELDS, CITY ATTORNEY
THIS ADDENDUM TO AGREEMENT is entered into between the City of Woodburn
("City"), an Oregon municipal corporation, and N. Robert Shields ("City Attorney").
WITNESSETH
WHEREAS, City and City Attorney executed an Employment Agreement on August 29,
2000; and
WHEREAS, the City Council conducted an evaluation of City Attorney on August 14,
2006, and concluded that City Attorney exceeds all applicable standards of his employment; and
WHEREAS, the City Council passed a motion to authorize a compensation adjustment
based upon the results of City Attorney's evaluation and the Employment Agreement should be
amended to incorporate the motion;
NOW, THEREFORE, in consideration of the terms, conditions and covenants contained
herein, the parties agree as follows:
Section 5(A) of the Employment Agreement is amended to read:
5(A) Effective August 1, 2006, base compensation of $8,741.00 per month
payable in monthly installments at the same place and time as other City
employees are paid.
[n Witness Whereof, the parties hereto have executed this Addendum.
City of Woodburn
City Attorney
Kathryn Figley, Mayor
N. Robert Shields
Date
Date
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September 11, 2006
FROM:
Honorable Mayor and City Council through City Administrator
Jim Allen, Community Development Director }1
Planning Commission's Approval of Partition 06-03 and Variance 06-
06 located at 91 7 N. Cascade Drive
TO:
SUBJECT:
RECOMMENDAlION:
No action is recommended. This item is placed before the City Council for
information purposes in compliance with the Woodburn Development
Ordinance. The City Council may call up this item for review if it desires.
BACKGROUND:
On August 10, 2006, the Planning Commission adopted a final order approving
Partition 06-03 and Variance 06-06 to partition a D.58-acre parcel into three (3)
single-family residential lots in the RM zone and variance to orient the front property
line of Parcel NO.1 toward the shared access easement instead of N. Cascade
Drive.
The subject property is addressed as 917 N. Cascade Drive. It is further identified
as Tax Lot 20010n Marion County Assessor Maps as Township 5 South, Range 2
West, Section 12DA. The property is currently vacant. Proposed Parcel 1 is an
interior lot and Parcels 2 and 3 are flag lots. The submitted partition plan shows
Parcels 1, 2 and 3 to be accessed via a 23-foot wide shared access easement.
Parcel 1 is 7,396 square feet (excluding the 23-foot wide access easement).
Parcel 2 is 7,380 square feet. and Parcel 3 is 6,300 square feet (excluding the 23-
foot wide access easement).
The subject property is zoned Medium-Density Residential (RM) and designated
Residential Greater than 12 Units Per Acre on the Woodburn Comprehensive
Plan Map. The properties to the north and south of the site are zoned RM and
Single-Family Residential (RS). designated Residential Greater than 12 Units Per
Acre and Residential Less than 12 Units Per Acre on the Woodburn
Comprehensive Plan Map and developed with a 15-bed assisted living facility
and a single-family residence respectively The property to the west is zoned
Agenda Item Review:
City Administrator _
Finane
134
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Honorable Mayor and City Council
September 11,2006
Page 2
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Public and Semi-Public (P /SP), designated Open Space and Parks on the
Comprehensive Plan Map and is developed as the Senior Estates County Club
Golf Course. The property to the east (across N. Cascade Drive) is zoned RM,
designated Commercial on the Comprehensive Plan Map, and is the location of
the Cascade Park Retirement Center. The Woodburn Local Wetland Inventory
shows no wetlands located on the site. According to Flood Insurance Rate Map
(FIRM) 41 047C0138G, the subject property is located outside the 500-year FEMA
floodplain.
On July 9, 2002 the Woodburn City Council approved Ordinance No. 2322 for a
Comprehensive Plan Map and conditional Zoning Map amendment from
Residential Less Than 12 Units Per Acre and Single-family Residential to
Residential Greater than 12 Units Per Acre and Medium-density Residential
(CPMA Case File No. 01-02 and ZC Case File No. 01-05), Preliminary Partition
approval for a 3-lot partition (PAR Case File No. 01-07) and Site Plan Review for
two 15-bed residential care facilities to be located on created Parcels 1 and 2
(SPR Case File No. 01-13). The subject property is Parcel 2 resulting from
Ordinance No. 2322. The residential care facility proposed on the subject parcel
was never constructed. Condition of approval No. 1 of Ordinance No. 2322
states, "This zone change is conditioned to restrict uses allowed on the proposed
Parcels 1 and 2 to those uses which are permitted uses in the RM (Multi-Family
Residential) District, except that multiple family dwelling units and any use listed
as a conditional use shall not be allowed." Site built single-family dwelling units
are outright permitted in the RM zone. The applicant's proposal to partition the
subject property into three single-family residential parcels is consistent with the
conditional zone map amendment on the subject property approved by
Ordinance No. 2322.
The applicant is Jess Doman, Nomarco, Inc.
The property owner is T S & D Development.
DISCUSSION:
None.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
135
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September 11,2006
TO: Honorable Mayor and City Council through City Administrator
FROM: Jim Allen, Community Development Director 0f^
SUBJECT: Planning Commission's Approval of Partition 06-02, Variance 06-05
and Variance 06-09 located at 1645 W. Hayes Street
RECOMMENDATION:
No action is recommended. This item is placed before the City Council for
information purposes in compliance with the Woodburn Development
Ordinance. The City Council may call up this item for review if it desires.
BACKGROUND:
On August 24, 2006, the Planning Commission adopted a final order approving
Partition 06-02, Variance 06-05 and Variance 06-09 to partition a 1-acre lot into
two (2) parcels in the RS lone, variance to allow the front lot line of Parcel 1 to
face the access easement instead of West Hayes Street, and variance to the
street improvement requirement for West Hayes Street.
The subject property is located at 1645 West Hayes Street. It is further identified
as Tax Lot 4800 on Marion County Assessor's Map Township 5 South, Range 1
West, Section 7CC, Lot 29 of Hall's Home Tracts. Proposed Parcel 1 is
approximately 12,150 square feet in area (excluding the 24-foot wide access
easement and proposed 17-foot right-of way dedication) and Parcel 2 is 26,879
square feet in area. Parcel 1 is an interior lot and Parcel 2 is proposed as a flag
lot. Parcels 1 and 2 will share access to West Hayes Street via a 24-foot wide
private access easement abutting the west property line of Parcel 1 for the
benefit of Parcels 1 and 2. An existing single-family dwelling is located on Parcel
1 and Parcel 2 is vacant.
The subject property is zoned Single Family Residential (RS) and designated
Residential Less than 12 Units Per Acre on the Woodburn Comprehensive Plan
Map. The properties located to the north, south (across West Hayes Street), east
and west of the site are zoned RS and designated Residential Less than 12 Units
Per Acre on the Woodburn Comprehensive Ian Map. The abutting properties to
Agenda Item Review:
City Administrator
City A ttorney ~
Finane
136
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Honorable Mayor and City Council
September 11,2006
Page 2
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the north, east and west are developed with single-family dwellings. The
property to the south (across West Hayes Street) is developed as St. Mary's
Episcopal Church. The Woodburn Local Wetlands Inventory (LWI) shows no
wetlands located on the subject property. According to Flood Insurance Rate
Map (FIRM) No. 41047C0138G, the site is located outside the 1 DO-year and 500-
year FEMA floodplains.
The applicant and property owner is Thomas Pierce.
DISCUSSION:
None.
FINANCIAL IMP ACT:
There is no financial impact associated with the recommended action.
137
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September 11, 2006
FROM:
Honorable Mayor and City Council through City Administrator
Jim Allen, Community Development Director (}4
Planning Commission's Approval of Design Review 05-14 located
east of Highway 99E and north of Aztec Drive (Industrial Welding
Supply)
TO:
SUBJECT:
RECOMMENDAlION:
No action is recommended. This item is placed before the City Council for
information purposes in compliance with the Woodburn Development
Ordinance. The City Council may call up this item for review if it desires.
BACKGROUND:
On August 24, 2006 the Planning Commission adopted a final order approving
the applicant's request for Design Review approval to construct a 5,677 square
foot commercial building on the property located east of Highway 99E and
north of Aztec Drive in the Commercial General (CG) zone.
The subject site can be identified specifically on Marion County Assessor's Maps
as Township 5 South, Range 1 West, Section 17BA, Tax Lot # 4101. The applicant
is proposing a shared driveway access between tax lots 4100,4101, and 4200.
Tax lot 4101 is.46 acres in size and is currently vacant. Tax lot 4100 is .70 acres in
size and currently contains the original Industrial Welding Supply building which is
proposed to be demolished. Tax lot 4200 is 1 foot in size and is a residential spike
strip which the property owner will be required to dedicate to the city as part of
this application. No significant wetlands are located on the subject property,
and the site is located outside of the 500-year floodplain per the Flood Insurance
Rate Map (FIRM) Number 41 047C0139G effective January 19, 2000.
The subject property is zoned Commercial General (CG) and designated
Commercial on the Comprehensive Plan Map. The adjacent properties to the
south (across Aztec Drive), east, and to the west (across North Pacific Highway)
are zoned Commercial General (CG), and are also designated as Commercial
on the Comprehensive Plan Map. The property north of the subject site is in
Agenda Item Review: City Administrato
City A Horney
Finance
138
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Honorable Mayor and City Council
September 11, 2006
Page 2
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Marion County and is zoned Commercial Retail (CR). The properties to the north
are the location of a retail business, and a warehouse. The properties to the
south are the location of a manufactured home business and a retail business
named Timco Products. The adjacent property to the east is a vacant lot, and
the property to the west is the location of the original Industrial Welding Supply
building which is proposed to be replaced by the building that is being
reviewed as part of this design review request.
On January 26, 2004, the City Council adopted Ordinance No. 2353 annexing
the subject site into the City of Woodburn and changing the zoning of the
subject site from Marion County Commercial Retail (CR) to City of Woodburn
Commercial General (CG).
The applicant is Deffenbaugh & Associates, PC and the property owner is
Industrial Welding Supply.
DISCUSSION:
None.
FINANCIAL IMP ACl:
There is no financial impact associated with the recommended action.
139
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September 11, 2006
TO:
FROM:
Honorable Mayor and City Council through City Administrator
Jim Allen, Community Development Director ~
Community Development Director's Approval of Design Review 06-11
located at 1475 Mt. Hood Avenue (Wellspring Medical Center)
SUBJECT:
RECOMMENDAlION:
No action is recommended. This item is placed before the City Council for
information purposes in compliance with the Woodburn Development
Ordinance. The City Council may call up this item for review if it desires.
BACKGROUND:
On August 16,2006, the Woodburn Community Development Director approved
the applicant's request for Design Review approval to construct a pole sign 18
feet tall and 65 square feet in area at 1475 Mt. Hood Avenue. The subject
property is further identified on Marion County Assessor Maps as Township 5
South, Range 1 West, Section 8B, Tax Lot # 2800.
The site is currently being redeveloped for a Medical Center use. The subject
property (approximately 7.05 acres in size) is zoned Commercial General (CG)
and designated Commercial on the Comprehensive Plan Map. The property to
the north is zoned Industrial Park (IP) and designated Industrial on the
Comprehensive Plan Map. Properties located to the south (across Mt. Hood
Avenue) are zoned CG and Single-Family Residential (RS) and designated
Commercial and Residential Less Than 12 Units per Acre on the Comprehensive
Plan Map. Properties to the east and west are zoned CG and designated
Commercial on the Comprehensive Plan Map. The industrial property to the
north is used as a manufactured home storage site, truck chassis manufacturing
facility and self-storage business respectively. The RS zoned property to the south
of the subject site (across Mt. Hood Avenue) is the location of a church. The CG
zoned property located to the south (across Mt. Hood Avenue) is the location of
a commercial retail center. The commercial properties to the east are
developed as an implement rental service and Washington Mutual Bank. The
commercial properties to the west are vac t and the location of a Pizza Hut
Restaurant.
Agenda Item Review:
City Administrator _
City Attorney
Finance
140
Honorable Mayor and City Council
September 11, 2006
Page 2
.
.
A pole sign is required to be processed as a Type II land use application per
Section 3.11 0.05.C.l.b of the WDO. The applicant submitted a Type II Sign
Design Review request to allow the pole sign to be located on the subject site in
the landscaped area adjacent to the west side of the driveway access on Mt.
Hood Avenue.
Previous land use decisions exist for the subject site. On November 28, 1990, the
Woodburn City Council approved Ordinance No. 2050 allowing a
Comprehensive Plan Map Amendment and Zone Map Amendment from
Industrial Park (IP) to Commercial Genera (CG) (Zone Map Amendment Case
File No. 90-01) to allow for the development of a commercial retail center (Site
Plan Review Case File No. 90-10) on Parcel 2 resulting from Partition Case File No.
90-04. The existing structure on the subject site was constructed as Phase I of a
2-phase commercial retail development. Phase 2, a proposed row of retail
shops abutting the west side of the Phase 1 structure, was never developed. On
May 12, 2005, the Planning Commission approved Design Review 05-01 and
Variance 05-05 to allow for the retrofit and upgrade of the existing building
fa<;ade and site elements for an outpatient health service and wellness center,
and variance approval to allow 43 existing parking spaces to remain in the front
yard setback.
The applicant is Clark Kjos and the property owner is Webstar V, LLC.
DISCUSSION:
None.
FINANCIAL IMP ACT:
There is no financial impact associated with the recommended action.
141
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September 11, 2006
TO: Honorable Mayor and City Council through City Administrator
FROM: Jim Allen, Community Development Director rp
SUBJECT: Community Development Director's Approval of Design Review 06-07
located at 1785 N. Front Street (Woodburn High School)
RECOMMENDATION:
No action is recommended. This item is placed before the City Council for
information purposes in compliance with the Woodburn Development
Ordinance. The City Council may call up this item for review if it desires.
BACKGROUND:
On August 30, 2006, the Woodburn Community Development Director approved
the applicant's administrative (Type II) design review request for an 84-space
parking lot located south of Hazelnut Drive and east of the phase 2 and 3
buildings of the Woodburn High School expansion (currently under construction)
located at 1785 N. Front Street. The proposed parking area expansion is located
on Marion County Tax Assessor's Maps as T5S, Rl W, Section 8BC, Tax Lot #300
(Lot #5 of the Glatt Subdivision) which is located on the northeast side of the
Woodburn High School site.
Lot #5 of the Glatt subdivision, where the parking area is proposed to be
located, is 3.66 acres in size and is zoned Public & Semi-Public (P /SP) and
designated Public Use on the Woodburn Comprehensive Plan Map. The
properties located to the south, east and west of lot #5 are also zoned Public &
Semi-Public (P /SP) and designated Public Use on the Woodburn Comprehensive
Plan Map. The properties located to the west and south are the location of
additional high school facilities. The property located to the east is vacant. The
Ironwood at Tukwila Planned Unit Development (PUD) is located to the north of
lot #5 (across Hazelnut Drive), is zoned Single Family Residential and is
designated Residential Less than 12 Units Per Acre on the Woodburn
Comprehensive Plan Map. This PUD has been fully developed with single family
dwellings.
Agenda Item Review:
City Administrator.
City A Horney _
Finane
142
Honorable Mayor and City Council
September 11, 2006
Page 2
.
.
There are three significant wetlands located on the Woodburn High School site.
The Local Wetlands Inventory does not show any wetlands on lot #5 where the
parking lot area is proposed to be located. The area where the parking lot is
proposed is flat and has no vegetation other than grass. Lot #5 is located
outside of the 500-year floodplain (FIRM Map #41047C0138G, January 19,2000).
Previous land use decisions exist on the Woodburn High School site. Site Plan
Review Case File No. 1990-09 was an application to place 3 temporary modular
units in order to add more classrooms. Site Plan Review Case File No. 1997-03
was an application to build a 75,931 square foot addition to the High School.
Site Plan Review Case File No. 1999-09 was an application to build new ball fields
on the campus and add lighting to the existing football field. Variance Case File
No. 1999-05 was an application to allow for a monument sign/electronic reader
board on the west side of the Highway 214 driveway access. Site Plan Review
Case File No. 2000-24 was a request to allow for lighting on a new soccer field.
Site Plan Review Case File No. SPR 2002-04 was an application for the
placement of temporary modular classrooms on the campus. On June 26, 2003,
the Planning Commission approved the phased construction of a 26,188 square
foot (permanent) building for additional classrooms on the northeast side of the
subject property and a variance to the street right-of-way and improvements to
N. Front Street (Conditional Use Case File No. 03-02, Design Review Case File No.
03-03, Phasing Plan Case File No. 03-01, and Variance Case File No. 03-18).
Additional parking was mentioned in the above stated land use applications
but design review approval was not sought at that time. Thus, administrative
design review approval is required for the proposed 84-space parking area to
be located on the northeast side of the Woodburn High School site (Lot #5 of
the Glatt Subdivision).
The applicant is Ken Rasmussen and the property owner is the Woodburn School
District .
DISCUSSION:
None.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
143
1311 ~stor ~aY to city couoc\l on september 11. Z006
?notOgra?ns submitted
'" ,
- ~
The
WOODBURN SCHOOL DISTRICT
will be placing a bond measure on the November ballot
WHAT WILL THE BOND PROCEEDS PAY FOR?
~ Construction of a 500-student elementary school
~ Purchase of property for the new school
~ Expansion of Valor Middle School
~ Expansion of Nellie Muir Elementary School
~ Expansion to the Woodburn High School Annex
WHY IS THE BOND NECESSARY NOW?
1. The District has grown by over 1400 students since 1996 (when
the last bond \vas passed)
2. The District is projected to grow by another 2000 students by 2013
3. Every school has outgrown its core facility-there are over 900
students currently being taught in modular classrooms
4. For the last 10 years the District added classroom space and com-
pleted major maintenance projects without asking local taxpayers
for additional monies
5. Cutbacks in state revenues over the last few years will not allow
the District to continue adding necessary space without a bond.
WHAT WILL IT COST THE LOCAL T AXP A YER?
~ The total cost of the bond $40.5 million
~ Property taxes will increase by $2.16 per $1000 of property
valuation the first year and $1.97/$1000 thereafter.
~ A homeo\vner vlith a home valued at $200,000 will pay $432
more per year
GOOD SCHOOLS BENEFIT EVERYONE
They:
. Increase property values
. Provide qualified workers for business and
industry
. Improve the livability of a community
. Are a source of pride
WOODBURN SCHOOL DISTRICT
DID YOU KNOW THAT...?
. Over 21 % more Elementary students are
meeting the state Reading standards than in
2004
. Elementary Math scores have risen steadily since 2004
. 22% more 5th grade students are
meeting the state standards in Science than 2
years ago.
. The percentage of 4th grade students meeting the writing
standards doubled this year
. Nellie Muir was recognized as one of the top schools in Ore-
gon for helping all students achieve at high levels
. Heritage Elementary was recognized as one of the top ten bi-
lingual schools in the nation.
. Woodburn High School was awarded a $1 million grant by the
Bill and Melinda Gates Foundation to create small schools.