Agenda - 08/14/2006
CITY OF WOODBURN
CITY COUNCIL AGENDA
AUGUST 14, 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. Music in the Park presents Molly's Revenge on August 15 and
The Ty Curtis Band on August 22. Both performances begin at
7:00 p.m.
B. Volunteers are still needed to help build a playground!
KaBOOML in conjunction with Home Depot, will be
constructing a playground at Nelson Park on Greenview Drive
on August 24, 2006, starting at 7 a.m. Please call Recreation
and Parks at 982-5264 for more information.
C. The filing period for Mayor and Council positions concludes on
August 29, 2006 at 5:00 p.m. Positions to be voted upon at the
November 7, 2006 general election are as follows:
Mayor - at-large position (2-year term)
Councilor - Ward 111- (4-year term)
Councilor - Ward IV - (4-year term)
Councilor - Ward V - (4-year term)
Contact the City Recorder for filing information.
Appointments:
None.
4. PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
"Habra interpretes oisponib(es para aque({as personas que no bablan Ing(es, previo acueroo. Comunlquese
a( (503) 980-2485:'
August 14, 2006
Council Agenda
Page i
Presentations:
None.
5. COMMITTEE REPORTS
A. Chamber of Commerce
B. Woodburn School District
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 July 24, 2006, regular and 1
exec utive session
Recommended Action: Approve the minutes.
B. Woodburn Planning Commission draft minutes of July 13,2006 10
Recommended Action: Accept the draft minutes.
C. Building Activity for July 2006 21
Recommended Action: Receive the report.
D. Planning Project Tracking Sheet dated July 31, 2006 22
Recommended Action: Receive the report.
E. Police Department Statistics - July 2006 25
Recommended Action: Receive the report.
9. TABLED BUSINESS
None.
August 14, 2006
Council Agenda
Page ii
10. PUBLIC HEARINGS
A. Comprehensive Plan Map Amendment 04-02, Zone Change 31
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)
Recommended Action: Approve Comprehensive Plan Map
Amendment 04-02, Zone Change 04-03, Conditional Use 04-1 0,
Design Review 05-03 and Sign Design Review 06-06 subject to
the conditions of approval contained in the Planning
Commission's Final Order.
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 2636 - Ordinance amending Ordinance 2138, 34
granting authority and establishing procedures for inventory
searches by the Woodburn Police Department, and declaring
an emergency (SECOND READING)
Recommended Action: Adopt the ordinance.
B. Acceptance of Public Utility Easement, 591 Gatch Street 40
Recommended Action: Accept the Public Utility Easement.
C. Acceptance of Public utility Easement from Capital 46
Development
Recommended Action: Accept the Public Utility Easement.
D. OLCC Change of Ownership - Salvador's Bakery 51
Recommended Action: Approve a change of ownership
application for Salvador's Bakery.
E. OLCC Change of Ownership - Perlas Restaurant 54
Recommended Action: Approve a change of ownership
application for Perla's Restaurant.
F. Cancellation of August 28, 2006 Meeting 57
Recommended Action: Cancel the August 28,2006 meeting.
12. NEW BUSINESS
August 14, 2006
Council Agenda
Page iii
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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.
None.
14. CITY ADMINISTRATOR'S REPORT
15. MAYOR AND COUNCIL REPORTS
16. EXECUTIVE SESSION
A. To consult with counsel concerning the legal rights and duties
of a public body with regard to current litigation or litigation
likely to be filed pursuant to ORS 192.660 (1) (h).
B. To consider records that are exempt by law from public
inspection pursuant to ORS 192.660 (1 )(f).
C. To conduct deliberations with persons designated by the
governing body to carry on labor negotiations pursuant to
ORS 192.660( 1 )(d).
D. 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).
17. ADJOURNMENT
August 14, 2006
Council Agenda
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COUNCIL MEETING MINUTES
JULY 24, 2006
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, ST ATE OF OREGON, JULY 24,2006.
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, Police Chief Russell, Finance Director Gillespie, Senior Planner Zwerdling,
Recreation Services Manager Patterson, 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:
July 25,2006: Born, 7:00 p.m.
August 1,2006: Golden Bough, 7:00 p.m.
B) 23rd Annual National Night Out will be held on August 1,2006 from 6:00 p.m. to
10:00 p.m.. Neighborhood groups planning on participating in this event were reminded
to register with the Police Department.
C) Public Hearing will be held before the City Council on Monday, August 14, 2006,
7:00 pm, City Hall Council Chambers, to consider 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 Interstate 5.
D) Walt's Run will be held on Saturday, August 12,2006,8:00 a.m. with participants
meeting at Centennial Park for this annual event. Registration forms are available at the
Aquatic Center.
E) Volunteers Needed to identify local resources including food, tools, and additional
volunteers for the upcoming playground construction project at Nelson Park on Thursday,
August 24, 2006. Contact the Recreation and Parks Department for more information
and/or sign-up as a volunteer.
~1ayor Figley stated that the objective is to build this playground in one day. Volunteers
are needed for planning and many more volunteers are needed to assist \vith the work on
construction day.
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COUNCIL MEETING MINUTES
JULY 24, 2006
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0221 CONSENT AGENDA.
A) approve Council minutes ofJuly 10, 2006;
B) accept the draft Planning Commission minutes of July 13, 2006;
C) accept the Recreation and Parks Board draft minutes of July 11, 2006;
D) receive the Claims report for June 2006; and
E) receive the Police Department Statistics report for June 2006.
COX/NICHOLS... adopt the Consent Agenda as presented. The motion passed
unanimousl y.
0279 COUNCIL BILL NO. 2636 - ORDINANCE AMENDING ORDINANCE NO. 2138
GRANTING AUTHORITY AND ESTABLISHING PROCEDURES FOR
INVENTORY SEARCHES BY THE POLICE DEPARTMENT.
Councilor Sifuentez introduced Council Bill No. 2636. Recorder Tennant read the two
readings of the bill by title only since there were no objections from the Council.
Chief Russell stated that the department tows motor vehicles for a variety of reasons
pursuant to State law such as No Insurance, Driving While Suspended, Driving Under the
Influence, and Abandoned Vehicles. During the impoundment process, valuables and/or
dangerous items are sometimes located thereby requiring an inventory. Based upon case
law in the early 1990's, the Marion County District Attorney's office recommended
enactment of the current ordinance for inventory searches. The District Attorney's office
has recently asked the department to amend the current ordinance to comply with current
case law within the State and not to have the inventory searches more restrictive than
current State law. To date, the City of Salem and a few other local agencies have
adopted the amendments. Current Oregon law allows closed containers which could
contain valuables to be opened as part of the inventory process. These inventories are
separate and distinct from criminal searches which have their own requirements. The
current ordinance requires the police officer to list closed containers (such as purses,
backpacks, and fanny packs) and any items in the closed container are not inventoried by
the police officer. The proposed ordinance allows an officer to clearly identify any
valuables or dangerous items and it eliminates spurious claims for items that were never
in the vehicle. He stated that a police officer can conduct searches if they have probable
cause but this ordinance deals with those items in which they do not know what is in the
closed container. If they were to open the container and find contraband, drugs, or a
weapon, under the current ordinance, the police officer would not have a basis for looking
into the closed container and it would cause problems for the District Attorney to
prosecute such a case when a police officer just comes across the illegal item.
Councilor Cox stated that he could not support this proposed ordinance since this
proposed ordinance talks about the inventory of contents of a vehicle and has nothing to
with criminal investigations. If the police have reasonable grounds to believe that there
may be evidence in the vehicle, they can get a search warrant or, under certain
circumstances, search the vehicle without a warrant. This proposed ordinance covers a
situation where a vehicle is impounded which may be a case where the driver is present or
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the vehicle has been abandoned. In the case of an abandoned vehicle, he objected to
anyone searching through the vehicle since there is no reason for an officer to suspect or
believe that any crime has been committed. He did not feel that it would be a good policy
for the City to authorize these broad inventory searches just to cover the possibility of a
property loss claim. He reminded the Council that the District Attorney's office has
recommended that the City adopt this ordinance amendment rather than the City initiating
the proposed policy. In his opinion, the case cited by the District Attorney's office covers
a totally different situation in that an individual was arrested as a result of a traffic stop
and officers have a right, under certain circumstances, to search the vehicle. He felt that
adoption of this ordinance would be another encroachment on an individual's civil rights.
He reiterated that his comments are not directed towards the Woodburn Police
Department. He stated that the amendment covers over 2 pages but there is only one
sentence that is being amended which is in subsection 3 of C(3). The current ordinance
states that closed containers in the vehicle would not be open for inventory purposes
whereas the proposed ordinance requires closed containers designed to hold valuables to
be opened. He reiterated that if the police have reason to believe or suspect that there
may be evidence of a crime, there are numerous procedures the police can follow to
search the vehicle.
1133 Councilor McCallum questioned if the police department currently does an inventory
search on a disabled car which will be towed to a lot.
Chief Russell stated that an inventory search is done if there is a reason to get into the
vehicle such as entering the vehicle in order to take off the parking brake.
Councilor McCallum also requested for clarification if this ordinance complies with
current state law and legal case laws.
City Attorney Shields stated that the case cited by the District Attorney's office is based
on the Portland ordinance which went before the Supreme Court and the search was
upheld. He stated that the ordinance amendment is at the suggestion of the District
Attorney's office, however, both forms of the ordinance are legal and consistent with
State law. The new version is broader and would give more authority to search closed
containers, however, there is a policy choice for the Council to make on this issue.
1357 Councilor Lonergan questioned if the State Police has the authority to open a closed
container during inventory check.
Chief Russell stated that they do have the authority but he did not know if, under their
policies and procedures, they open closed containers.
Councilor McCallum questioned if it would apply to Marion County Sheriff and Chief
Russell stated that it would apply.
Counei lor Lonergan expressed his appreciation to Councilor Cox for his comments and
feels that it is important that the Council be concerned with every individual's civil rights,
however, he was in favor of the amendment.
Chief Russell stated that if the ordinance is adopted, our police officers will search and
inventory items in the vehicle since it has to be a procedure followed in all cases.
On roll call vote for final passage, the vote was 4-1 with Councilor Cox voting nay.
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Mayor Figley stated that this bill will be brought back to the Council for a final vote at the
next meeting since it did not receive a unanimous vote.
1716 COUNCIL BILL NO. 2637 - ORDINANCE ADOPTING A SUPPLEMENTAL
BUDGET FOR FISCAL YEAR 2006-07.
Mayor Figley stated that this meeting has been noticed in the newspaper for the
acceptance of public comment on a proposed Supplemental budget for fiscal year 2006-
07.
No one in the audience commented on the proposed budget which involves adjustments
to the General Fund and the General Fund Capital Improvement Fund.
Councilor Sifuentez introduced Council Bill No. 2637. The two readings of the bill were
read by title only since there were no objections from the Council. On roll call vote for
final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2637
duly passed with the emergency clause.
CONTRACT AWARD: TELEPHONE SYSTEM UPGRADE.
COX/MCCALLUM... award a contract to Nexus IS, Inc., for software and hardware to
upgrade the existing phone system and extend service to the new police facility and
authorize the City Administrator to execute an agreement in an amount not to exceed
$50,580. The motion passed unanimously.
1940 COUNCIL BILL NO. 2638 - ORDINANCE RELATING TO IMPROVEMENTS
OF COUNTRY CLUB ROAD BETWEEN BOONES FERRY ROAD AND ASTOR
WAY. ADOPTING THE LOCAL IMPROVEMENT DISTRICT. DIRECTING
THE CONTRACT AWARD. AND PROVIDING FOR PAYMENT OF COSTS
THROUGH THE ASSESSMENT OF PROPERTIES.
Councilor Sifuentez introduced Council Bill No. 2638. Recorder Tennant read the two
readings of the bill by title only since there were no objections from the Council. On roll
call vote for final passage, the bill passed unanimously. Mayor Figley declared Council
Bill No. 2638 duly passed.
2047 COUNCIL BILL NO. 2639 - RESOLUTION ENTERING INTO A CONTRACT
AMENDMENT TO THE FISCAL YEAR 2005-06 SPECIAL TRANSPORT A TION
FUND AGREEMENT WITH THE SALEM AREA TRANSIT DISTRICT.
Council Bill No. 2639 was introduced by Councilor Sifuentez. The bill was read by title
only since there were no objections from the Council. On roll call vote for final passage,
the bill passed unanimously. Mayor Figley declared Council Bill No. 2639 duly passed.
2154 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS.
A) Planning Commission's approval of Design Review 06-02, Variance 06-04, and
Exception 06-01 located at 1501 Industrial Avenue: This land use action allows for the
construction of a 3,888 square foot alcohol manufacturing plant in the Industrial Park
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zone, a variance to boundary and connecting street requirement for Industrial A venue,
and exception approval to not construct the sidewalk on the west side of National Way.
No action was taken by the Council to bring this land use action up for review.
2208 CITY AD~IINISTRA TOR'S REPORT.
A) Administrator Brown stated that the forms for City Attorney Shield's performance
evaluation were included in the Council packets for this meeting and this item will be on
the agenda for the next regular meeting.
B) Several weeks ago Councilor Nichols had requested information on how much money
had been spent on projects relating to a new Community Center. To date, the City has,
over the last several years, incurred a little over $83,000 in costs which includes the
recent contract award to Carleton Hart Architecture in the amount of $35,000.
C) Administrator Brown provided the Council with a report on the pool incident from
May 2006 along with staff actions taken to date to insure the safety of youngsters at the
pool. The drowning incident involving an 8 year-old female occurred on May 12, 2006
and investigations began immediately by the Police Department and our insurance
company. The Police Department investigation was conducted to determine if there was
any criminal activity and they concluded after about a week's time period that it was an
accidental drowning. He then requested the police to conduct a more thorough
investigation with the intention of trying to determine exactly what were the causes for
the drowning. The insurance company took a different approach on their investigation to
determine the City's liability as well as the liability of other parties who may be involved.
The Police department interviewed all of the staff members and every youngster
(approximately 100) who had been in the pool. Our insurance investigators spoke with
pool staff and some youngsters in addition to having access to the police report. In this
case, the School District's insurance company is conducting their own investigation and
the police report has been made accessible to them and School district officials. None of
the investigations conducted by the City were able to determine what specifically
happened to cause this accident. Most of the youngsters were elementary school age and
the police received mixed stories from the youths. He stated that there were
approximately 90 youngsters who came to the pool from the Heritage After-School
program. This particular program is operated by the School district which is why their
insurance company is involved. There were 7 counselors who came with the youngsters
of which 6 were actually in the pool area at all times (3 on-deck and 3 in the water) and it
is kno\\ n that many of the youngsters had less than satisfactory swimming skills and a
number of life vests were issued to youngsters who did use the vests. There were 4
1i feguards on-duty with 3 of the lifeguards in stationery positions and the 4th lifeguard was
roving near the First-aid area so that they could keep an eye on the wading pool. The City
was follo\ving a Red Cross protocol which calls for a ratio of 1 lifeguard to 40 people,
therefore, the City was \\iell within those numbers. The youngsters in the group notified
the lifeguard that there was a child on the bottom of the pool and the lifeguard
immediately followed the training and procedures for a rescue and he began CPR and
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attempted defilibration. He constantly worked on this youngster until the paramedics
arrived which was well within a prompt response time and the youngster was transported
to Silverton Hospital where she was later pronounced deceased. The City provided
counseling to our lifeguards and to other individuals who were at the scene of the
accident. He reiterated that staff handled the situation by the book and assured the public
that the City has highly trained staff at the pool who do know what to do in the event of
an emergency. Since the accident, the City has made an operational change by requiring
group leaders of groups coming to the pool be responsible for knowing who the non-
swimmers are and they are responsible for seeing that those youngsters get life vests. The
City has approximately 75 life vests and annually purchase replacement vests. The City
will be holding over about 30 vests and have ordered another 75 vests so the total vests
available will be 105 vests. However, youngsters can bring their own life vests or pool
toys but the group leaders are to keep an eye on the non-swimmers at all times. Non-
swimmers will need to wear a life vest at all times or stay in an area where they can stand
up in the water. It was also noted that children under the age of 6 must be accompanied
by an adult even if it involves use of the wading pool. The adult/child ratio for groups is
1 adult for every 4 children under the age of six and 1 adult for every 10 children age 6 or
older. The City will maintain the lifeguard staffing level in addition to the group staffing
requirement. An alternative was looked at that would place all staffing requirements on
the pool, however, the City does not have a large enough pool oflifeguards available on
short notice. If more guards are hired in the future, there would be a need to increase pool
fees in order to cover the costs of these groups. Economically it was determined to put
some responsibility onto the group supervisors at this point in time. The second policy
that will be implemented shortly is one in which everyone who comes to the pool will be
required to go through some testing process so that the staff will know how proficient a
swimmer the individual is. A data base will be used to keep track ofa swimmer's
proficiency and a wrist-band system is being discussed to give the lifeguard the ability to
scan the pool more quickly to see if a swimmer is out ofthe area in which they belong.
Staff is working on the details of implementing this program.
Councilor Cox questioned ifthe new policy of making a sponsoring group responsible for
providing a certain level of supervision requires the supervisors in the group to be
celtified lifeguards or responsible adults.
Administrator Brown stated that the group leaders are to be responsible individuals who
may be high school students who have had some training in watching over youngsters.
He stated that this is not an entirely new policy other than the fact that it is now in writing
and the ratio has been tightened up a little based on what staff feels can be safely be
supervised.
Councilor Cox stated that this \vas a tragic accident but the staff has been looking at what
can be Jone so that it docs not happen again.
Administrator Brown also stated that he has been interviewing new Pool Manager
candidates and he hopes to bring on a new manager within the near future. The new
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manager will be asked to look at current pool operations and the new manager may be
recommending other changes.
Mayor Figley expressed her appreciation for the report which provides the public with
information on changes being made since parents and grandparents do drop their children
off at the pool for this recreational activity.
D) Administrator Brown also stated that he has concluded the interviewing for a Library
Manager and he expects to be making a hiring offer by the end of the week with the
expectation that the position will be filled within the next 30 days.
3529 MAYOR AND COUNCIL REPORTS.
Councilor Nichols reminded property owners that they are responsible for cutting their
tall grass and weeds since this vegetation is considered as a fire hazard. Citizens can
contact the Police Department to report locations of tall grass and weeds.
Councilor McCallum thanked the Public Works staff for getting ODOT to clean-up their
property near the 1-5 interchange and for the repairs on the north part of Front Street
which has made the roadway safer for motor vehicle traffic.
Councilor Nichols also stated that it has been brought to his attention that there are a lot
of tree limbs and bushes that are hanging quite low thereby restricting pedestrian use of
sidewalks. He requested that staff take appropriate measures to take care of this problem
for the safety of pedestrians.
Councilor Sifuentez thanked the Mayor for attending the recent program at Cascade Park.
Mayor Figley stated that there were two power outages in our community one of which
was a mechanical failure on June 26lh which was repaired by installing a portable unit
and, with the unit being portable, it was not calibrated perfectly with the rest of the
system at that location and, as a result, caused another outage on July 3rd. PGE has
assured her that the portable unit will be in place until it is replaced with a new larger
permanent unit that has greater capacity in recognition of the population growth and
usage by customers. They also wanted to assure the community that they are looking at
the other two sub-stations that serve Woodburn in an effort to continually upgrade and
accommodate increased use in both residences and businesses.' She complimented PGE
for taking the time to seriously look into her question and with the opportunity to talk to
both the City's PGE representative and division manager on this situation.
:Ylayor Figley also stated that she has filed her petition to nm for another term as Mayor.
4016 EXECUTIVE SESSION.
~1ayor Figley entertained a motion to adjourn into executive session under the statutory
authority ofORS 192.660(1)(h) and 192.660 (1)(f).
COXJ~ICHOLS... adjourn into executive session under the statutory authority cited by
the ~layor. The motion passed unanimously.
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The meeting adjourned to executive session at 8:03 p.m. and reconvened at 8: 16 p.m..
4060 Mayor Figley stated that no decisions were made by the Council during executive session.
ADJOURNMENT.
NICHOLS/SIFUENTEZ... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8: 17 p.m.
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of W oodbum, Oregon
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Executive Session
COUNCIL MEETING MINUTES
JULY 24, 2006
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, JULY 24, 2006.
CONVENED. The Council met in executive session at 8:06 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
Press: John Gervais, Woodburn Independent
The executive session was called under the following statutory authority:
1) To consult with counsel concerning the legal rights and duties of a public body with regard to
current litigation or litigation likely to be filed pursuant to ORS 192.660(1 )(h); and
2) To consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(f).
ADJOUR.t~MENT.
The executive session adjourned at 8: 14 p.m..
APPROVED
KATHRYN FIGLEY , MAYOR
ATTEST
Mary Tennant, Recorder
City of W oodbum, Oregon
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8B
DRAFT WOODBt;R.~ PLA~~ING COMMISSION ~IEETI~G :vt1~LTES
July 13,2006
CO~VE:"iED The Planning Commission met in a regular session at 7:00 p.m. in City Hall Council
Chambers with Vlce--Chairoerson Bandelow presiding.
Vice-C'hairperson Bandetow questioned members of the Planning Commission having potential contlicts
sllch as famIly, tinancial, or business relationship with any of the applicants or with regard to the project
in question. If such a potential connict ex.ists, 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.
V ice-Chairperson Bandelow announced: agenda is available at the back of the room. We win 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. AU 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
A
P
P
P
P
P
P
Staff Present: Naomi Zwerdling - Interim Community Development Director
Breah Pike-Salas - Associate Planner
Marta Carrino - Administrative Assistant
Jon Stuart - Assistant City Attorney
Randy Rohman - Public Works Transit Manager
'H~t:TES
A. Woodburn Plannin2 Commission ~leetin2 ~linutes of June 22. 2006.
Commissioner GrosJacques moved to accept the minutes as written. Commissioner Vancil
seconded the motion, which unanimously carried.
Bt:SI~ESS FRO'. THE At:DIE~CE
\'one.
CO:\DIC\ IC\TlO:'iS
:\. \VnoJbum City Coun~lI \kdmg \limltl.:s ot Junt: 12,2006
PlRl.IC IlE.\RI:';;(;
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Assistant City Attorney Stuart stated that as a continued public hearing, the ORS should be read.
Interim Community Development Director Zwerdhng stated that the ORS would be read because the
hearing was challenged and would proceed as usual by starting with the ORS and making the
presentation.
A. The applicant requests a Comprehensive Plan ~lap 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 ~ewberg Highway, east of South Woodland Avenue and west ofIntcrstate 5
(TSS, R2W, Section II, 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, Wal\uce W.
Lien, applicant. (Continued from the June 22,2006 Planning Commission Meeting.)
Vice-Chairperson Bandelow asked the Planning Commission if there are any exparte contacts,
conflicts, challenges or declarations. None.
Interim Community Development Director Zwerdling read the appropriate ORS and continued
with the Staff Report.
ST AFF REPORT
Slide # J
The applicant is Wallace W. Lien and the property owner is Winco Foods, Inc. The applicant is
requesting a Comprehensive Plan Map Amendment from "Industrial" to "Commercial" for two
properties. The first property is tax lot #106 and is located north of Hillyer's Lane and located
south of Newberg Hwy and located east of S. Woodland Ave. The second property is tax lot
#107, which is located south of Hillyer's Lane and located also east of S. Woodland Avenue and
south of Newberg Hwy.
The applicant is also requesting Design Review approval for an auto dealership for auto display
and sales. There are no buildings proposed with this application. The applicant is also requesting
Sign Design Review to allow for two (2) 50 sq. ft. pole signs 15 feet in height to be located on the
two properties.
The subject properties are currently designated Industrial and the properties located to the west
and to the south are also zoned light industrial and designated Industrial on the Woodburn
Comprehensive Plan ~lap. Industrial businesses are located on those properties. Winco Foods,
Inc. Distnbution Facility is located to the south of the subject properties. The property located to
the east of tax lot ~l06 & lfl07 is zoned Commercial General (CO), designated commercial on
the Woodhurn Comprehensive Pbn ~lap and is the location of the existmg Hi.llyer Ford
Deakrship. [he properties located to the north across :'\ewherg lh..-y are also zoned CG,
deSIgnated Commercial and an: the location of commercial businesses. There is an auto
dcakr3hip locakd to the north aero~s ~ewberg Hwy.
[he Wlnw Foods, Inc. DistrIbution FaCility consiskd of the subject properties and \vas included
as a part ofth.:ir sitl:. The Oregon Department of Transportation (ODOT) closed the acce:ss on the:
llli\;,..:r r.\rJ Dco.1kr~hlp ",Ide al'.d created.mother acccss, which IS now Hillyer's Lme. .\s a p~lrt
ut tt'at pnic,,:ss, two part\tl,m rcqucsts \h:re submitted and appm\ed hy the Community
Dc\c:\)pmcnt Dircct0r. ll~c tlr,t partlt.Ol1 r..:q\.lc"'t cn.:atl.:J :0.1:-< lot '~ln6, '.\hleh i::. locatc,i north uf
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Hillyer's Lane and is surrounded by streets. The second partition request was the southern parcel
tax. lot #107. Both properties are currently vacant The partition of the northern part of the Winco
Facility was due to Winco not nceding any more land to expand.
The applicant is requesting that the Comprehensive Plan and Zone Change designation be
changed on the two subject properties from Industrial to Commercial. The applicant provided the
information and findings to justify the request.
The City is currently going through the Legislative Amendment process (LA 05-01) for the
Period Review/Urban Growth Boundary Expansion. It has been reviewed and approved by the
City CounCIl and is currently going through the process with Marion County. The northern parcel
was designated to be changed from Industrial to Commercial because of Hillyer's Lane being
constructed and having streets on all sides. The smaller sides of the street of the property are not
conducive for Industrial development. Recommendation was that the property be changed to
Commercial.
The southern parcel was not included in the Period Review package that was submitted to the
City Council. The northern parcel of the Winco Distribution Facility, which is on the south side
of Hillyer's Lane, was attached to the parent parcel and was not analyzed as being a separate
parcel at that time.
Through staff s findings and analysis the applicant justified the Comprehensive Plan/Zone
Change, which is required due to the burden of proof by the applicant. Some of the items were
compatible with the applicant trying to expand the existing business on the two properties, which
are adjacent to each other and makes sense to expand the current location versus relocating to
another part of Woodburn to accommodate a larger facility. The applicant also reinforced the
streets on all sides of the northern parcel not being conducive for Industrial development. They
have worked with Winco Distribution Facility and Winco has expressed that they do not have a
need of the northern parcel for expansion because they are at full capacity.
All of the approval criteria was met by the applicant. There are no single-family residential uses
abuttmg the property. Commercial and industrial busmesses abut the subject properties.
Commissioner Jennings asked if the northern part of the subject property is part of the Periodic
Review Comprehensive Plan Map change that will change the northern parcel over to
Commercial.
Interim Community Development Director Zwerdling stated that the northern parcel will change
to a Commercial Use as a request of the Periodic Review process. The applicant is submitting a
separate request because the period review process is part of the Urban Growth Boundary
Expansion process. This expanded the process out by being reviewed and approved by the City,
County and State. Depending on appeals it could expand the time frame of the change. There
\vas no opposition to the zone change on the northern parcel in the periodic review process.
Vice-( 'halmerson RanJelow asked about the proposed signs on each parcel and the current sib'l1 at
the Hilly.:r sIte remammg and makin~ it a total of thn;e signs on the site.
Inkrim Community Development Director Z\'ierdling stated that the Hillyer Dealership is not
p<lrt of the Sign DeSign Review applicatIOn hecause it IS an existing business and the two pareds
clre ~q;.:.r~~e jnJ l~on't ckpcnJ on the par..:nt p;m:d. [he juto display u:>t,;s, :.1re allU\\cd to have
t\\O n~or..: -;I~ns 0n C:1..:h ~lk:.
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Slide #17
Shows the pictures of the site from southwest and northwest view.
Slide #22
Shows the existing dealership photo.
Interim Community Development Director Zwcrdling recommended approval of Comprehensive
Plan ~lap Amendment 04-02, Zone Change 04-03, Conditional Use 04-10, Design Review 05-03,
Sign Design Review 06-06 subject to the conditions of approval that were included in the staff
report. She concluded the presentation and was available for questions.
Viee-Chairperson Bandelow invited the applicant to the podium for testimony.
Wallace W. Lien, 1775 32nd Place NE, Salem. 97303, the applicant. He stated that he agrees with
the staff report. He had looked at all of the conditions of approval and discussed them with the
architect and the engineer and everything looks in order.
One item that he mentioned was the time frame of the Legislative change, which was filed two
years prior and the thought process was that it would be processed and approved prior to the
Periodic Review item with aU the studies and changes from OOOT, OLeD and BLl happening
during that period of time. The basic parcel #106 has already gone through the entire analysis, is
approved and will happen.
The map shows the Winco Distribution Facility property, tax lot #100, and originally anticipated
to be needed for the truck facility. The north section is left over. The Winco Distribution Facility
had looked at the northern part of the site and are satisfied that they are not in need of that parcel.
There is an access issue that gives rise. When the site plan was developed for the current Ford
dealership, about 25% of the Hillyer property was taken by GOaT, during the site planning
review process for a detention area for the new interchange. What was originally designed for
display storage is now an open hole in the ground.
There are two situations at hand. The access at Hwy 214 is completely gone and a new access
was created on the newly built Hillyer Lane. Also the display space is no longer available.
In the analysis done of the surrounding dealerships, all are about 15%-30% larger than the Ford
dealership. In order to maintain competition, it would be more feasible to include the two parcels
for additional use. The space win be for display storage for now and it may be built on later. One
of the requirements in the code for parking is to have 50 spaces available and in an open area like
the deakrship, it is very easy to meet the requirement.
Yice-Chairperson Randelow invited Proponents of the project.
V l~e-Chairpt:r~()n Ehndelow im i kd Opponents of the project.
Don K~jh:~. 110;>.1. S~cond Stred, Stlverton. 97381, attorney for Dale Baker. ~Ir. Baker is nut
aval\abk to personally address the Planning CommIssion. Kdh:y requested that further
kstunony be alluw~J :.ilta the Planmng Commission meding by ,..ay of cuntinuing the heanng
\)r.-:~ lr,llr~ ur by ',I.::.i\mg the '.'<rlltl:n record o\Jen Cor \H\tt~n submittal. The reasuning for the
reqc.e...t 1<; t\1:.1t :h~ :.lppl\l.:ant, the appllc;:mt's attorney Jnd Kdky h:.1J not rcacr:ed an
\.ll"lJ~r~lJ.nJlng.
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After viewing the materials of the record and making a few notes he was not prepan.:d to address
the Planning Commission. He made general comments in regard to the materials provided.
The status of the application and kgal technical requirements must be met. There are some
criteria in the statT report where findings are absent and where the findings are circular. The
Endings that a.re met are not supported in the record. There must be substantial evidence in the
rel.:ord supporting each finding.
Ownership of the property shows two deeds. One is deeded to Hillyer Ford and the other is
deeded to Ware mart, Inc. The status of Hillyer lane is of question and ODOTs practice with
private roads subject to regulation other issues are traffic impact and air quality.
During the Periodic Review process, both parcels were not submitted to have zone change to
Commercial. There is no mention of the impact of the residential area. There is a call into
question about the Industrial, Commercial and Residential zones of this area for the needs of the
community. This property being Industrial could be cause for concern for the community. Part of
the Planning Commission review is to look at the surrounding areas and in the vicinity of the site
property .
Kelley asked the Planning Commission if there would be a decision made to continue the hearing.
Commissioner Jennings requested to know what is the objection of the opponent.
Kelley stated that Dale Baker was not present and he was not prepared to respond to the question.
He also stated that the request would be to deny the applications, so that commercial use cannot
be made of the subject properties.
Vice-Chairperson Bandelow asked the Assistant City Attorney Stuart about answering the request
to the continuance and if the decision to continue the hearing is decided by the Planning
Commission.
Assistant City Attorney Stuart stated that an answer to the request did not have to be made.
Kdley ~tated that he wanted to avoid rt:ading a submitted seven-page report. He stated that an
ORS 197 provision entitles a continuation of a hearing or seven days as a minimum to submit
additional material in writing.
He supplied copies of the seven-page report to the Planning Commission.
Commissioner GrosJacques asked about the distance of the Dale Baker property and its location.
Kel1ey ~tated that it is located across the state highway.
111.: ft.rth\:r stat~d that the objection is that the criteria have to be met and the burden of proof is on
the apphcant to mt:d each criterion. rhe Ciry should have tindm~s showing that the burden has
been met, which is supported by substantial eVIdence in the record.
('(2-rnmI-,~ lQ~'L.Y anc.!J ::lskcd Kdlq 1 f the '\ame law tirm he n:prcscnts \vas the S::lmc one that
rcq~,c,>h:J the c0ntll111:.ll1Ce on tht: h,ne 22, 2()1)6 Plannin::; COlr.mission tr.t:dmg. He is now
rcql...:~tll1g ;].n ::lddltlUnal continuance.
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Kelle)' affmnativc\y responded that he Jid rcpresent that law tirm. He stated that he was not able
to attcnd the previous meeting and his associate submitted the continuance of the hearing.
Commissioner Jennings stated that the matter between the applicant and the opponent on what
was discussed prior to the hearing is a civil matter and it is not the Planning Commission burden
to regulate a business transaction.
Vice-Chairperson Bandc\ow stated that the objections are referencing the staff report and Kelley
has had ample time to address the issues with staff and with prior discussions with the applicant's
attorney there would be an agreement. The staff report has not changed since the continuance.
There has been adequate time to address any of the facts and findings.
Ke\tev stated that the objections are the burden of proof on the applicant's behalf. The process of
the code states that criteria have to be met and the staff report shows that they are not being met
and his report states the deficiencies in the staff report.
Vice-Chairperson Bande10w invited additional opponents. None.
Vice-Chairperson Bande10w invited the applicant for rebuttal.
Lien stated that the statute does state that the opponents are allowed one continuance which was
granted at the June 22, 2006 Planning Commission meeting. The statues state that if new
evidence is submitted into the record, then an opponent may request a continuance. A brief can be
submitted to the City Council if the Planning Commission makes a recommendation to move
forward with the project.
Vice-Chaimerson Bandelow closed the hearing and opened the discussion amongst the Planning
Commission.
Commissioner Jennings stated that he heard no objection as to why not to proceed with approval
of the project.
Commissioner Vancil stated that he did not agree with continuing the record further two more
weeks and will support the land use proposal.
Commissioner Hutchison stated that the proposal was in order and is in favor of the approval. He
also stated that any opponent has the opportunity to present issues with the City Council at thdr
meeting.
Commissioner Grigorieff stated that there are no concrete objections from the opponent and
would vote in favor of the approval.
('ommi,,~iuner (,rosJacques made a motiun to approve Comprehensive Plan Nlap Amendment 04-
02, Zone Change 04-03, Conditional Cse 04-10, Design Review 05-03, Sign Design Review 06~
06 \\ ith staff s facts and findings to support the decision, seconded by Commissioner Vancil.
ROLL CALL
Chairperson
Vice Chairperson
Commis'iioncr
Commissioner
Lima
Bandc10w
Gros.Jacqucs
\' ancH
~ cs
~ cs
yes
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Page 6 o( II
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Commissioner
Commissioner
Commissioner
Grigorieff
Hutchison
Jennings
yes
yes
yes
Interim Community De.....elopment Director Zwerdling commented that a Final Order for approval
of Comprehensive Plan Map Amendment 04-02, Zone Change 04-03, Conditional Use 04-10,
Design Review OS-03, Sign Design Re~'iew 06-06 has been prepared.
Commissioner Jennings moved to accept the Final Order for approval of Comprehensive Plan
:vlap Amendment 04-02, Zone Change 04-03, Conditional Use 04-10, Design Review 05-03, Sign
Design Review 06-06. Commissioner GrosJacques seconded the motion, which passed
unanimously.
B. Design Review 06-02, Variance 06-04 & EJC.ception 06-01, Request for design review approval of
a 3,~88 square foot alcohol manufacturing plant located at 1501 NE Industrial Avenue in the
Industrial Park (IF) zone, Mihai Talvan, applicant.
Vice-Chairperson Bandelow asked the Planning Commission if there are any exparte contacts,
cont1icts, challenges or declarations. None.
Associate Planner Pike-Salas read the appropriate ORS and continued with the Staff Report.
ST AFF REPORT
Associate Planner Pike-Salas proceeded with the staff report with a Powerpoint presentation.
The applicant is requesting a Design Review to construct a 3,888 sq. ft. alcohol manufacturing
plant at 1501 NE Industrial Ave. in the Industrial Park (IP) Zone; variance approval to boundary
and connecting street requirements for Industrial Avenue and acceptance approval not to
construct a sidewalk on the west side of National Way.
Slide #2
The subject property is zoned Industrial Park (IP) and designated Industrial in the Comprehensive
Plan Map. 'Ihe surrounding properties to the north; south across Industrial Avenue; east and west
across ~ational Way are zoned IP and designated Industrial in the Comprehensive Plan Map. The
property to the north is developed with Adwest Supply. The property to the south is developed
with the Department of Motor Vehicles (DMV). The property to the east is developed with
Affordable Auto Wholesale. The property to the west is developed with Fleetwood Homes. The
subj~ct site is located outside the 500 year FE:'vlA flood plain and no wetlands are located on the
subject site.
Slide ~3
The bUilding will have materials consisting of ground face block in castle white and split face
block 10 natural .::olor; mdal in nalural fi.nish color; coppt:r metal panels anll ::\lass \\ ill b~ utllw:d
In front of the bUilding.
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Six tall windows and skylights protrude from th~ building to offset the continuous rooftop plane
and create an interesting J~sign element. A rooftop garden is proposed to screen necessary
rooftop equipment from the abutting streets.
Based on the information in the staff report, the information provided by the applicant and the
applicable re\'iew criteria, findings required to approve Design Review 06-02, Variance 06-04
and Exception 06-0 1 can be made. Staff recommends approval of the hearing subject to the
conditions of approval listed in the staff report.
She was availabh: for any questions.
Vice-Chairperson Bandelow asked the Planning Commission, if they had questions for the staff.
Vice-Chairperson Banddow invited the applicant for testimony.
Mihai Talvan, 15156 SW Turquoise Ct., Beaverton, the applicant and the owner of the subject
site. He stated that he went through the process and submitted the applications. He worked with
the architects to develop the site plan. One building is proposed now, but in the future, it could
expand and he wants to take advantage of the opportunities fOT W oodbum's growth potential.
Vice-Chairperson Bandelow asked the applicant to further explain the type of business of Lil' Bit
Distillery .
Talvan explained that the product is a fruit brandy. The process is cooking the product in a steel
pot, the fruit is added, distilled and then bottled. There will not be a taste testing facility on the
premises.
Vice-Chairperson Bande10w asked if the distribution is done with a wholesaler.
Talvan stated that he would work with the Oregon Liquor Control Commission for distribution
purposes and will insure the legal transportation of alcohol and sales into other states.
Vice-Chairperson Bande10w asked if this was the first distillery.
Talvan stated that it is the first brandy distillery corporation he has operated. He would operate
the business like Clear Creek Distillery in Hood River with fruit flavored brandy.
Commissioner Jennings inquired about the amount of jobs created in the area.
Ta1van stated that for the first two years in this facility, the company would employ five people.
If an expansion happens and a second building is constructed. then it would maintain the same
number of employees. After a pOSSible lO-year span it could consist of 50-60 employees because
uf oftice space. .\t this point. since the company is just starting, it will be for manufacturing
purposes only.
Vice-Ch:li[pt:rson Randelow asked the Planning Commission if they h:J.u any furth~r que:;tions or
comments for the appl1cant.
VlC~lJ1Jl.!~~)~.illl~klo~~ In\ tted proponents of the applIcJtion.
[)~l'0.,:-Uhr1man. Decca .\rcnltects. ~35 SE .\kkr St., PllrtbnJ. !I1nnun ~tatl.:d the .lppllcant"s
"lSlon of the proJud JnJ the t.lcdlty \\ ere impurtant and he JIJ r.ut \"~lnt :l t:p!l.:al mJustnal t:. pc
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bUllding. The applicant wanh:d to express a quality of the product that wiB be produced. The
building will have sustainable features such as a green roof for high-energy efficiency and potted
plants on the property. The copper on the face of the building has a warm effect, but also makes a
reference to the twe of business. The process of the distillery will be viewed through glass
windows.
ytice-Chaimerson Bandelow invited other proponents. None.
Vice-Chairperson Bandelow invited opponents of the proposal. None.
Vice-Chairpt:rson DanJelow closed the hearing and opened for discussion amongst the Planning
Commission.
Commissioner Vancil stated that it looked like a great addition to the City.
Commissioner Hutchison stated that the sidewalk issue actually adds value to the Industrial area.
In industrial areas having the sidewalk requirement will make the property look great.
Commissioner Grigorieff stated that she saw no problems with the project.
Commissioner Jennings made a motion to approve Design Review 06-02, Variance 06-04 and
Exception 06-01 with staffs facts and findings to support the decision, seconded by
Commissioner GrosJacques.
ROLL CALL
Chairperson
Vice Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Lima
Bandelow
GrosJacques
Vancil
Crigorieff
Hutchison
Jennings
yes
yes
yes
yes
yes
yes
Interim Community Development Director Zwerdling commented that a Final Order for approval
of Design Review 06-02, Variance 06-04 and Exception 06-01 has been prepared.
Commissioner GrosJacques moved to accept the Final Order for approval of Design Review 06-
02, Variance 06-04 and Exception 06-0\, Commissioner Vancil seconded the motion, which
passed unanimously.
lTE)IS FOR ACTIO:"i
~one.
OISCCSS(O~ ITK\lS
Randy Rohman, Public \Vorks Tr:msit :\hnagcr. He stated that he \vas avaibbk to ans\\cr
ql.estilln~. it the Pbnml1s C 11l11mlSsilln haJ :lny.
Planning ('O/lllllil'si()// .\/t:L'ling J11(~ 13. ]006
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Vice-Chairperson Rundelow asked why the streds in Senior Estates are being paved once more,
when it did not appear to be in bad shape compared to other city streets that are almost
impasslble. What are the criteria for prioritizing street improvements or repairs in the city?
Rohman stated that the primary need is determined by a contract with ~larion County regarding
pavement maintenance evaluation. Marion County comes to the area and reviews the pavement
maintenance factors and grade the streets. Public Works then works with the criteria presented.
~lost of the streets in Senior Estates have not been resurfaced, since they were initially
constructed. It may seem that the repairs are not necessary when viewed from a car, but upon
walking on the street, they are in need of the service.
Commissioner Vancil asked where Hayes St. is on tht.: list based on the evaluation.
Rohman stated that Hayes St. needs curbs and sidewalks and is on the list of projects. South Front
St. for multiple years was in a situation where re-surfacing was not an option, therefore the type
of improvement needed was reconstruction.
Eventually, many streets in the downtown area will need reconstruction as opposed to just re-
surfacing and the evaluations provide that criteria. The next project on the list is North Front St.
for reconstruction.
Commissioner GrosJacques inquired about the gravel streets in the city limits.
Rohman stated that Tout Street, Elm Street and Carol Street are on the list. No-Name Street and
Lincoln Street have been completed. Most are being done through local improvement districts.
The extension of Wilson Street is high on the priority list.
Brown Street will receive storm drain work. It may also be a part of the Boones Crossing sewer
work.
Commissioner Vancil asked about the corner of Hayes and Cascade and the damage caused in
that area and will improvement happen within the next five years.
Rohman stated that it is a project possibly scheduled after North Front Street.
The goal is to do a mile and a half of resurfacing each year. The targets are those streets that need
the resurfacing before they start to decline.
Vice-Chairperson Bandelow stated that the improvement is appealing to the neighborhood by
adding curbs and sidewalks and adds to the city.
r--9mmi~"ioner Hutchison stated that one issue in the Hillyer application was lhe public road
f-hllYl:r's lane.
Rohman stated that Hillyer's Lane i" a public right of \vay that is about 60 feet wide. It is owned
by OOOT, is a publi~ street and the cIty assumes mamtenance of it. The ~treet \\as hudt by
OOOT according to City street ~tandards. [t functions as a ~Ity ~treet similar to Arney Rd., \\-hieh
is ODOT right of \\ay.
(jlmnlL-;-;lllDer \~H'.(II ~hkl:J J.:)l1Ut the ,tren C;l:,t ut tb.: 1-5 Free\\-ay. \\ here th..: prc\-lous W -:nJy' s
Rc~ta\.,rant lISI:J to he. It louks very un-kept and b It \;1C Clty'.; rcspunslbtllty tor mamkn~lI1ce'!
P/./llllillg C()IIj/lIIS.~i()/1 JI":I.:ling Jul.\! J 3. ~I)(j()
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Rohman stated that the area will be cleaned up in the next couple of weeks. It is a cooperative
plan with ODOT and the City. The future of that area is a park and ride lot. A project
management team is being formed to determine the future of it and will include landscaping and
lighting. It will require a land use action. The south side will be impacted by the interchange and
modernization.
Commissioner Hutchison stated that it is a negative face on the city.
REPORTS
A. Building Activity Report for ~ay 2006. No comments made.
Vice-Chairperson Bandelow stated that numbers look great.
B. Planning Tracking Sheet.
Interim Community Development Director Zwerdling stated that there are no items for the second
meeting in July.
BUSINESS FROM THE CO:\lMISSION
Commissioner GrosJacQues moved to cancel the Planning Commission meeting for July 27,
2006, seconded by Commissioner Vancil, motion passed.
Commissioner Vancil inquired about the new Community Development Director and his start
date.
Interim Community Development Director Zwerdling stated that he would commence on
Monday, July 17,2006 and on Wednesday, July 19 at 3:00 pm is an Open House to welcome the
new Director.
Commissioner Jennings commented about the landscaping being done on the Wellspring Hospital
site.
Vice-Chairperson Bandelow stated that 1t is looking like a good construction site with a nice
change from before.
AO.JOt:R:'i:\IE:'iT
Commissioner QrosJacQues moved to adjourn the meeting. Commissioner Jennings sl.:conded tht:
motion. which unanimously cJmcd. :-V1eeting aujourned at 8:27 pm.
C\PPROVED__
LL\LD[O U;vlA, CHAIRPERSO~
DatI.:
_ \ nEST
j"11 .\L.:n
C\m';T:~lnlty Dl.:vl.:\opmcnt [)Ircdor
City ot WuoJburn. Url.:::;on
D;.:ttc
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8e
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-5250
Date:
August 2, 2006
To:
Jim Allen, Community Development Director
from:
Building Division
Subject:
Building Activity for July 2006
------
2004 2005 2006
Dollar Dollar Dollar
No. Amount No. Amount No. Amount
New Residence Value 7 $1,159,565 1 $193,595 3 $617,753
Multi Family 0 $0 1 $2,276,650 0 $0
Assisted Living Facilities 0 $0 0 $0 0 $0
Residential Adds & Alts 8 $64,483 5 $142,900 5 $42,349
Industrial 0 $0 0 $0 0 $0
Commercial Value 18 $2,355,562 13 $6,661,550 6 $146,211
Signs, Fences, Driveways 5 $13,500 2 $1,950 4 $15,850
Manufactured Homes 7 $261,900 0 $0 3 $196,000
TOTALS 45 $3,855,010 22 $9,276,645 21 $1,018,164
fiscal Year (July 1- $3,855,010 $9,276,645 $1,018,164
June 30) to Date
21
I Commucily Develcpment\Bwld'cg'Bullclng ActiVity BldgAct-2006\Bldg ActIVity - Memos'actlvity - July 2006 wpd
" .........
PLANNING PROJECT TRACKING SHEET
Revised 7/31/06
Page 1 of 3
Project Apphc.ilnt PrOject Des.cnptJon I Date Deemed '20-Day D... Ptanner Referra~ FacilitieS MaN Notice Nobce to Post Stf Rpt Due PC Heanng F""" Otdet PC F;no! Malt Notice I Noticeto I Post StfRpt CC ~eanng om Due CCOrd Appeal
Recel'led Complete Meeting for PC Paptlf Property I Due Order forCC P_~ I Property Due Adopt"'" Ends
CPA 04-02, ZC '.VLllt.I,~ ll( '-, ~--"c~T\p Pidn Change. 10/?~,,?OO4 .' ncomplele NA Naomi 2J3,20U6 2J14/2006 6/212006 f,/2f2006 6, 12/2006 6,22;2006 ,';1:\/2006 7i2~.':X>06 7:2512006 8/4/2006 8/14/2006
, 04-03, CU 04- lone ChJngf! 11/19/04 Continued
110, PLA 04-08, (_:ur,.1:tlOnnl U";(' r:omplele to 7/1:VOb
DR 05-03, SDR U\' ..lJ'" Rt;.le..... and 2f3i06
06-06 :,Iqr; LJi'siUn Re~'1CW
I'. anow 1m a car
sales lot (HIUyers Mid
Cltv r cd) ,-it 300 S
WO'':;'JJl.lJ)(j A..,t~
OR 05-14 Guy l/l,'ordn{l r.onstrl;rf.-j 5,677s1 121M/ZOOS Incomplel~ I ()'~x:006 Bre<.Jh 7/3120D6 7126,"2006 8/4.2006 Bi 1 4/2006 811712006 8/24/2006 8/2412006 8/24/2006
blJildlnq at 610 N '16106
P.tufi<:Hwy Complt!l!?
6/~/06
PAR 06-02 Th,)n',l':., ~'(o~'0'>ffli 7-101 4/10/2006 Incomplete 10/2417006 Jason 71~/2o.16 7:10,200f, 8/4/2006 B/14i?C06 8/17:2006 8/?4/.2006 8/2412006 8124,2006
VAR 06-05 PIHce p,H1ltion at 1645 519;06
VAR 06-09 v\'t;st Hd)'es Sfreel Comp~l(' I
.lna van"nr.e 10 lhe I 6/1'f.IOF. I I i I i I I
'ilwf'l sl<-Jndards Qrt J ! I I , I I
Wp'~,l Hayes Stref.t I I I I I
! An(1 V.mance to 101 I I I I I
I , I I
unentahun I I I
! I !
~ I -l -1--- I
I
I ~-O6 VAR John & Oe':>tgn ReVIew lor d :'111.'2(<16 Complete 06 >010/29 Jason 6/30,'2006 711 0/2006 I --
06-03 DellS;:i Bilker ){).ooa square foot 10-06 I
two story offICe
bUIlding and
Vanance 10 street
Improvements on
Progress Way for the
property located at
138S Mt Hood
Avenue
PAR 06-03 T5&0 PartItion of the 6/212006 Incomplete 11/9/2006 Jason 7/12/2006 7/20/2006 7/20/2006 NA 7/31/2006 B/1O/2006 8/1 0/2006 8/10/2006
V AR 06..()6 Dcvetupmcnt property located at 6/3/)/06
917 Cascade Dnve Complete
into 3 single famlty 7/13106
res\dentiallots and
Van~lncc to the lof
orl€ntation of the
proposed 101 #1
00
t:t
PLANNING PROJECT TRACKING SHEET
Revised 7/31/06
Page 2 of 3
I Project Applicant Protect Desc.npbon Dale Deemed 12'O-Day Date Planner Referrals Faalibes Mall Notice Notice to Post S~ Rpt Due PC Heanng FlOat Order PC Fmal Mall Nobce Nottce to Post StI Rpt CC Hearing Ofd. Due CCOn:l Appeal
Recer....ed Complete Meebng for PC Paper Property Due Order forCC Pa~rs p,.operty Due Adop""" Ends
DR 06.07 "Hi A,jmlnl~tr<:ltlVf' C';' ':;"-'C'j l_ompll'le 1C/27 ~.'r:OG Naomi NA
~,I,rnlJc .,{:r1 Ot.'''KJO Revlcw of a 6i30/06
,'/VvvJburr' ~"rKmg lot expansion
Sct",vO, \8~ par\..Ing <-paces)
01<,1[1(1) I!ic...ated to th~ west 0
ltw Hil:lelnut Dnvp
access entrance to
Itlf> Woodburn High
Schoollocatcd at
1 ,8S N Front Street
PAR 06-04 t.'o;m Par1ition proPf~ny fl/13,:'Outl Incomplete Jason
VAR 06-07 NIYlf:JroH Into 3 parcels at 847 7,'11/06
N Cascade Drh,e
and Van.ar.ce to
street u.npro....emenls
far N, Cascade Dnvc I
DR 06-10, CU MI.:1 V;..jl:ey 1 ype II DR and CU 71fjl700li Inc.omplete ~Iason -+ r-t
~' VAR 06- CommiJnlty fa /ocate church 712~lO6 I
tJJs AR 06-U, Church parking 101 tn RS
WOO zone at S W carner 0
llncoln and Gatch.
V AR 10 boundary
and connecting
improvement
requirement for
Lmcoln and Gatch.
V AR to buffer wall
reqUirement
DR 06-00, CU ~lastery PhaS>ed expansIon of 7/3/2006 Incomplete Jason
06-01, VAR 06- l.e.1ming existing K 2 school 7121/06
10, PP 06-01 lns.t1tutc al575 Gatch Street
to K-5 school, VAA
to boundary and
connecting
Improvement
reqUIrement to Gatch
Street
DR 06-09 H.,ffP.rnen Additlon of awning 7l~'20Glo Inc;)mpl(;te Breah
Prop!:'rtu:'!s and parapet to 7'24106
eXIsting structure at
1545 N. Pacific
Highway
PLANNING PROJECT TRACKING SHEET
Revised 7/31/06
Page 3 of 3
Pro~ Appkcant ProteCt Descnpbon Dale Deemed 120-Day Date P\aon8r Referrals Faolrties Mail Notice Notice to Post S~ Rpt Due Pe Heanng Final Order PCFmal Mail NotICe Not>ce to Post SlfRpt CC Hean", Old Due CC Or<l APl>"a1
Rec.ewed Complete Meebng for PC Paper Property Due Order for CC Papers Prcper1y Due AdoptJOn Ends
OR 06-11 T, ler Clrbcr ~dqn dC.,'(jtl rC.ICW 7.'1-t "OOt) fireah
fnr ;) role :>lgn at the
~Vdbpr:rlg M{'{k...ll
CentN - H7::, M!
Hood Avp(!ue
DR 06-12 Br..mdtJfl Construe1 a 377<J 7,24:2001'. Breah
f;J:.trnan Dutrh Bras drl....e-
thr\.J coffee s,hop at
the NW cornel of the:
()~jL '214 Inler':.L'C!inn
Urban Urban Renewal John
Renewal Ol~lnct Clppro"cJ bl Naomi
Program \fOfH':. (,n 3/12,02
LAOs..o1 PcnodlC Rp'Jlf:>w Naomi 1/14/2005 1/14i2005 NIA 213'2005 31101200~ N,A NA NiA 3/28/200~
Periodic td':.ks ,lf~ c.ornplete
Review Task
Completion I
I ___LJ
-
~ \GOmmunrty De~elofJmenf\PI.,lfltlll1q'.MlscelldneolJ~ 'Olher\Pl..l/"lnlng_. Crise _l ~
1'1)
~
~. I ".vo.-J-
,-';_........~"rrr ',_~
WOODBURN
8E
~~
.
I" 4 ;) , " " r.1 , ~.J '80S <}
.
August 9, 2006
TO: Mayor and City Council through City Administrator
,-
~\
FROM: Thomas P. Tennant, Captain '
SUBJECT: Police Department Statistics - July 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 ~
Financ6_
\;} /L1
/(
25
W.'ctbLlII1 ;L1C<...: l't1l
DATE:
T[ME:
C';I#:
DATE
\.\9 I;: O'~"
11 ; 'I : ro
0!,,24C":J WPD
U::;El \..'A:-)!" f<!~PI...'RTEI) DATE
M,''!THLY CRIMINAL OFFENSES FOR JANUARY THRU JULY 2006
RESULTS FOR ALL OFFENSES
I'AGE
PL6860
!.I NDAr:U
CHARt;E D1. -,\_'R I PT I uN
AGGRAVATE." ASSAULT
ANIMAL ORl'INAN,'f:';
ARSON
ASSAULT C'IMPLE
BURGLARY BllS[NE:-;S
BURGLARY (jTHE:{ ,;TRU"TURE
Bi;j1GI...ARY RESIPENCE
CHILD NEGI "TT
CITY ORDIN.>'NCE
CRIME DAMAGE N'J V;\.NDALI.'M OR AF "'N
CURFEW
CUSTODIAL INTERFEPENCE
CUSTODY ,)ET0X
CUSTODY MENTAL
CUSTODY PRon;.~' I I'VE
DISORDERLY CONlJlICT
DRINKING IN PUHLlr
DRIVING u:.roER INFLUENCE
DRUG LAW VIOLATIONS
DWS/REVOKED FELUNY
DWS/REVOKED MISDEMEANOR
ELl/DE
ESCAPE FF,)M YOUR ,~'USTODY
FAIL TO DISPLAY OPERATORS LICF-N,;E
FAMILY-OTI!ER
FORCIBLE I<APE
~FORGERY/CGUNTERFEITING
O\FRAUD - ACCOUNT CLOSED ('HF.CK
FRAUD ' BY DECE.'TION/FALSE PRETENSES
FRAUD CREDIT CARD/AUTOMATIC TELLER ~ACHINE
FRAUD IMPERSONATION
FRAUD NOT <;UFFICIENT FUNDS CHECK
FRAUD CF SERVICES/FALSE PRETENSES
FRAUD-OTHER
FUGITIVE ARREST FOR ANOTH!';R AGENCY
FURNISHING
GARBAGE LITTERING
HIT AND RUN FELONY
HIT AND RUN-MISDEMEANOR
ILLEGAL ALIEN - INS HOLD
INTIMIDATION /OTHER CRIMINAL THREAT
KIDNAP - POR ADDITIONAL CRIMINAL PURPOSE
LICENSING ORDINANCES
MINOR IN POSSESSION
MINOR ON PREMISES
MISCELLANEOUS
MOTOR VEHICLE THEFT
NEGLIGENT HOMICIDE TRAFFIC
OTHER
PROPERTY FOUND LOST MISLAID
PROPERTY RECOVER FOR OTHER AGENCY
JAN
2
4
o
14
8
3
3
1
2
18
o
o
2
2
o
I
o
12
15
o
6
4
o
6
:J
1
7
o
2
4
3
o
I
o
42
o
o
1
17
o
9
o
o
o
o
6
10
o
15
25
2
FEB
MAR
APR
2
1 1
2 4 2
000
22 17 11
7 J 4
J " 3
9 9 9
1 4 1
1 1 1
38 34 29
o r 1
o C 0
3 2 3
2 0 1
o J 0
65'
o 0
15 l~, 12
32 2<; 15
o 0 0
7 2
o 1
o 0
5 7
000
2 J 1
12 5 6
000
001
3 2 2
302
1 0 0
1 1 0
000
42 39 35
1 1 1
021
022
9 17 11
001
1 5 4
1 1 0
200
4 3 0
010
868
13 3 8
o 0 1
20 18 8
30 26 45
100
6
o
1 g
5
3
1
o
2
2,'
"
.
1
o
o
1
7
o
7
14
1
6
o
o
9
o
o
5
o
o
2
5
o
o
o
36
1
o
o
15
o
o
1
2
3
o
12
8
o
16
19
o
MAY
JUN
JLY
TOTAL
5
o
o
21
1
4
J
o
1
17
o
1
1
1
1
7
o
12
21
o
5
o
o
6
o
1
4
1
o
3
1
o
o
o
40
o
1
2
14
1
3
o
3
5
o
8
5
o
4
22
o
2
2
1
21
1
2
3
o
1
10
1
o
1
2
1
7
o
23
17
o
5
1
1
5
1
2
1
o
1
1
3
o
o
1
31
2
o
o
13
o
1
o
o
3
o
5
7
o
12
29
1
11
1
12,1
2 -'
]'I
)
'J
18&
1 ;,
~
4
3b
1
%
I) 9
1
31
6
1
40
1
10
40
1
4
17
17
I
3
1
265
6
4
7
96
2
23
3
7
18
1
53
54
1
93
196
4
Wccjt
DA',E'
TIM!'
OF.T~.
.::l l'l) 1 i t~l L,'pr
H I" ~ I, ::;,
J 1 : L 4 l ,-,
nRi124(,L){' J (.;l'[l
~"'~THr.Y CRIMIN,l\L OFFENSr:S FOR JANUARY THRU JULY 2006
R,,:SUI.TS Fl'R AI L OFFENSES
PA\~E
FL686C>
LINDAEI1
JATE --ED. CASE RF !'\.Ji-'TEIl DArE
CHAl<CF DE:;CR I VI'ION
PROST I :'UTIO~ EN,,;Al;I-, IN
PIJBLI:.' HEALTH AND SAFETY l'!WINANCES
RFC}:r ~,,~s DR IVI!':G
RDBDS~~ BUSINES~
ROBFE?Y HIGHWAY
F'BBF',,' OTHE/<
RtJ'"NAWAI'
SEX ':" ~ ME
SEX CcIME
SEX ":?IME
SEX ':R I ME
SEX L't<.~ME
SEX CRIME
SEX ('RIME
SEX C'~IME
SEX ('RIME
SEX C?IME
SEX CRIME
STALKEF<.
STOLEN PROPERTY
SUICIDE
THEFT 81CYCLE
THEFT BUILDHl\;
THEFT FROM MOTOR VEHICLE
THEFT MOTOR VEHI l'LE PAIns 1 ACCESSORI Ee;
THEFT OTHER
tl)THEFT PICYPOCKE';'
-.JTHEFT PURSE SNATCH
~HEFT SHOPLIFT
TRAFFIC ORDINANCES
TRAFFIC VIOLATIONS
TRESPASS
VANDALISM
VEHICLE RECOVERD FOR OTHER AGENCY
WARRANT ARREST FOR OUR AGENCY
WEAPON CARRY CONCEALED
WEAPON - EX FELON IN POSSESSION
WEAFON - POSSESS ILLEGAL
ZONING ORDINANCE
CONTR r ",n E TO SEX DELINQUPh:Y
EXpuS,r<
fORCH' "E SODOMY
I N, ~ES.:'
MOLES'j (i HYSICALI
NON FORCE SODOMY
NON-Fi-,t<CF RAPE
OB.';('ENE PHONE CALL
OTHER
PORNO<.;RAFHY I08SCENE MATER jAr,
SEXUAL. ASSAULT WITH AN OBJECT
RECEIVING,BUYING,POSSESSING
1
TOTAL:
JAN
'J
1 "
,j
"
'J
j
1
<)
<)
<)
<)
2
<)
I
2
46
23
8
<)
1
7
<)
I J
7
4g
4
o
:2
o
o
2
463
FEB
o
19
o
o
o
o
13
o
o
o
6
<)
o
1
o
o
o
o
1
o
3
3
57
14
11
o
o
3
15
4
41
2
2
1
o
o
4
05
MAR
o
18
r
1
o
2
o
o
o
1
o
o
o
3
o
2
3
41
14
14
1
o
3
4
14
9
48
3
o
1
1
2
7
512
461
APi<
o
17
o
o
1
o
10
1
o
o
o
4
o
1
1
o
o
o
1
4
o
3
1
42
15
16
o
o
3
5
)
10
44
5
o
4
o
1
4
434
MAY
o
23
5
o
1
o
4
~
1
o
o
6
1
o
o
1
o
1
o
2
1
4
1
28
16
9
o
o
7
1
16
11
33
3
3
2
o
2
2
369 412
JUN
TOTAL
JLY
1
22
o
o
1
2
4
2
o
o
1
1
o
o
o
o
1
o
o
1
o
1
2
20
B
12
1
3
6
o
13
7
31
o
o
1
o
o
3
1
4S
159
o
o
lJ
7
2
o
o
o
3
o
o
o
o
o
o
o
2
o
5
1
11
3
23
1
o
7
1
28
7
35
1
2
1
o
1
2
4
50
11
1
1
1
21;
1
l
,
2
1
1
1
15
1
19
13
245
93
93
3
4
36
12
102
55
281
18
7
12
1
6
24
3086
f
- - - ~ - - - - - - - - - - - - - - . ----------- - - - - - - - - - ------- ---------- -- - ~- ----- -- ---- -- - --- - -- - - ----- ---- - - - - - - - ---
2006 TOTAL: 463 435 512 461 434 369 412 0 0 0 0 0 <086
2005 TOTAL: 432 382 377 367 529 484 431 0 0 0 0 0 3002
2004 TOTAL: 541 543 575 495 495 445 359 0 0 0 0 0 3453
W,'" '" '.11Il lll.-~ I' {>,,'pt, eAGE
[lA' I 11 '! I: (I I; f, PL6850
TI~': '" 4 17 M:JWI HL Y }I.RRES'~-: BY , '.'FENSE FOR JANUARY THRrr JULY 2006 LINUAEU
Ot<. ~ :1 ...; l' ~) ,~ r '.;f'D F,ESUL S FOR ALL CHARGES
C !It,', ,r-; [);. ','RIVl'lllN ,J.-\N ,'EB MAR APR MAY JUN JLY TOTAJ
-- -----
Klr'~,ir'H' :-'uR A[,IJITIONAL ('RIMINAI i't:hI\Y::,:: J 0 0 2 0 0 0
K II ~','\F Ok RANSOM 0 0 0 0 0 0 0
KIni,\F '{J -,1ACK, TERRORIST 0 0 0 0 0 0
KI['';;\P :i,JSTAGE/SHI ELD OR RF,'1,)\'M,;' DELAY WI'l NESS J 0 0 0 0 0 0
LIt c ~JSIN O,<DI NANL'ES J 0 0 J 0 0
LI\.'",'R [.,;W - OTHER J 0 0 0 0 0 0 0
LIe" "R r.: 'ENSE VIOLATIONS 0 0 0 Q 0 0 0 Q
MH~~:...~ IN l'llSSE."::S I nN 0 5 3 6 1 q 8 ,2
MH;,-'; ON ['REMI SES ,) 0 1 C 0 0 0 1
MIS -,-,LLA!>EOUS 0 0 0 0 0 0 0 [
MOT VEHICLE THEFT 1 6 0 4 0 2 E
NE';:,iGENi HOMIC1DE TRAFFIC 0 0 0 0 1 0 0 1
NEc;:,rGENT MANSLAl'r.HTER 0 0 0 0 J 0 0
NON 'RIMiNAL DOMESTIC DISTURBANCE 0 0 0 0 0 0 0
OTHi-:" 9 14 14 15 7 8 13 8ll
PRl,.~, r i-:RTY FOUND LOST MISLAID 0 0 0 0 0 0 0 0
PRO c r:RTY ;,ECOVER FOR OTHER AGENl:'{ 1 0 1 0 0 0 0
PRO,S r [TIIT [ON COMPEL 0 0 0 0 J 0 0 0
PRl\<..::TI TlTl' r ON ENGAGE IN " 0 0 0 0 1 2 3
PRCSTITUTION - PROMOTE 0 0 0 0 u 0 0 0
pupr.:c m,ALTH A."ID SAFETY OROINAN'ES 0 0 0 0 0 0 0 0
RECKLESS DRIVING 2 0 0 1 5 0 2 10
RQ[:ltiERY BANK 0 0 0 0 0 0 0
ROB,'ERY BUSINESS 0 0 0 0 0 0 0 0
ROF~ERY CAR JAC:KING 0 0 0 0 0 0 0 0
RO[J"!'RY CONV,STORE 0 0 0 0 0 0 0 0
ROBRERY HIGHWAY 0 0 0 0 0 0 0 0
NROB~ERY OTHER 0 0 4 0 0 1 0 S
~OBBE!'!Y RESIDENCE 0 0 0 0 0 0 0 0
ROP3ERY SERVICE STATION 0 0 0 0 0 0 0 0
R UN..'\ WAY 3 5 3 2 2 0 0 IS
SEX CRIME CONTRIBUTE TO SEX DELINQUENCY 0 0 0 0 0 1 2 3
SEX ,'RIME EXPOSER 0 0 0 0 0 0 0 0
SEX CRIMF FORCIBLE SODOMY 0 0 0 0 0 1 0 1
SEX CRIMF INCEST 0 0 0 0 0 0 1 1
SEX CRIME MOLEST (PHYSICAL) 0 1 2 1 1 2 2 9
SEX CRIME NON FORCE SODOMY 0 0 0 0 0 1 0 1
SEX CRIME NON-FORCE RAPE 0 1 0 0 0 0 0 1
SEX CRIME OBSCENE PHONE CALL 0 0 0 0 0 0 0 0
SEX CRIME OTHER 0 0 0 0 0 0 0 0
f SEX CRIME PORNOGRAPHY/OBSCENE MATERIAL 0 0 0 0 0 1 0 1
SEX CRIME SEXUAL ASSAULT W1TH AN OBJECT 0 2 0 0 0 0 0 2
STAI,KER 0 0 0 0 0 0 0 C
STULEN PROPERTY - RECEIVING,BUYING,POSSESSING 1 1 2 3 1 1 1 10
SUICIDE 0 0 0 0 0 0 0 0
THET BICYCLE 0 1 0 0 0 0 0 1
THEFT BUILDING 0 0 0 4 0 1 0 S
THEFT COIN OP MACHINE 0 0 0 0 0 0 0 0
THEFT FROM MOTOR VEHICLE 1 2 2 0 1 1 1 8
THEFT MOTOR VEHICLE PARTS/ACCESSORIES 0 0 1 0 0 0 1 2
THEf'T OTHER 0 2 3 5 1 2 2 15
THEFT PICKPOCKET 0 0 0 0 0 0 0 0
Woojt ,Il-n Pc, ~ ) r.' i 'p'
DATi-, a );'/2 C I
TIME 11 14 11 MOI"'Hl, Y ARHST " BY OFFENSE FOR JANUARY THRU JULY 2006
0R III OR.J. II c, ',v/'f) ,ESULTS FO? ALL CHARGES
CHAR ,F DESC':>< 1 PT It 'I cJ.\N FER MAR APR MAY JUN JLY
- ~ - - - - - -
THEF. lUr. : E.: sNt, rCEI 0 0 0 0
THEE, SHC PLIFT 4 10 7 6
TRAFr':C ORr' INANer ') 'J 2 0 0 0
TRAFFIC VI, :,ATtO~.-) , 4 5 .-, 74 32 39 21 45
Tf<E;;I'ASS ~ 11 11 12 5
V^,'1fJALI SM 9 11 7 ] 3
VEHI('LE FE',' J\'ERrJ ..'llR "'THFR A(;E~CY J 0 0 0
WARR...\NT Aid;" :'~ST F, nllK. AGE"iCY 0 'J ~ 0 2
W2Al..'~ CA~1<Y c'c "CEALED 1 1 4 2 1 1
WEApr'N EX rELOt; IN rOSSE:':':ION 0 u , 0 II 0 0
WEAl . N U'; !-H:.R 1 n 0 0 0
WEAF(-"N PC ;:~ES.s [LLEGAL ;') IJ S 2 1 0 0
WEAl. N SH 'l'""T IN<; IN PROHIHtTED AREA ,) C 0 0 0
WIL;,FUL M'JF;)ER 0 0 0 0 0 0
Z0NIN\.; O:RDJ ~JAN,,-'E 0 0 0 0 0
------ . .. - - - - - - - - - - - - ~ - - - - - - - - - - - - - -
2006 TOTAL: " J 218 322 253 221 220 260 0 0 0 0
2005 TOTAL: ) 149 144 234 241 231 237 0 0 0 0
2004 TOTAL: M 194 218 19S 196 221 162 0 0 0 0
CN
o
1
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August 14, 2006
TO: Honorable Mayor and City Council through City Administrator
FROM: Jim Allen. Community Development Directo~
SUBJECT: 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)
RECOMMENDATION:
The Planning Commission recommends that the City Council 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 subject to the
conditions of approval contained in the Planning Commission's Final Order.
It is recommended that the City Council instruct staff to prepare an ordinance
to substantiate its decision.
BACKGROUND:
At their hearing of July 13, 2006, the Planning Commission considered a request
by Wallace W. Lien, the applicant, for 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
(15S, R2W, Section 11, Tax Lots #106 and #107). The applicant also requested
Sign Design Review approval to allow for two pole signs to be located on the
subject properties.
At its meeting of July 13, 2006, the Planning Commission adopted a final order
recommending that the City Council 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 subject to the conditions of approval
contained in the Planning Commission's Final Order.
Agenda Item Review:
City Administrator
City Attorney
31
...'
Honorable Mayor and City Council
August 14, 2006
Page 2
.
.
DISCUSSION:
In regard to this proposal, the City Council has the following options:
(1 ) Concur with the Planning Commission's Final Order and 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.
(2) Modify the Planning Commission's final Order.
(3) Deny Comprehensive Plan Map Amendment 04-02, Zone Change 04-03,
Conditional Use 04-10, Design Review 05-03 and Sign Design Review 06-06.
The Planning Commission's final order, staff report, and minutes are attached for
the City Council's review. An objection was submitted by Donald M. Kelley,
Attorney for Dale Baker, at the July 13, 2006 Planning Commission Meeting. The
objection is attached.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
Attachments:
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Planning Commission Final Order dated 7-13-06
Planning Commission Staff Report dated 6-22-06
Planning Commission Minutes of 7-13-06
Objections to Comprehensive Plan Map Amendment 04-02,
Zone Change 04-03, Conditional Use 04-10, Design Review 05-
03 and Sign Design Review 06-06 written by Donald M. Kelley,
Attorney for Dale Baker, dated 7-13-06
32
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The attachments for Item lOA are not included in the agenda
packet. The entire document has been given to the City Council
and is available for review by the public in the City Recorder's office,
in the City Administrator's office, and at the reference desk of the
Woodburn Public Library.
33
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August 9, 2006
TO: Mayor and City Council through City Administrator
FROM: Thomas P. Tennant, Captain
SUBJECT: Reintroduction of Ordinance Amending the Inventory Search
Ordinance
RECOMMENDATION:
It is recommended that the City Council enact the attached draft ordinance in
order to amend the Woodburn Inventory Search Ordinance No. 2138
BACKGROUND:
Background regarding this item was included in the staff report provided to the
City Council on July 24, 2006, and is attached to this report.
DISCUSSION:
At the July 24, 2006, meeting the City Council considered the attached
ordinance amending the Inventory Search Ordinance and voted four to one in
favor of the adoption. This ordinance is returned to Council for final action since
it did not receive unanimous approval on the first date it was introduced.
FINANCIAL IMPACT:
None
Agenda Item Review: City Administrato -=--
City Attorney /
Finance
34
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July 18, 2006
TO:
FROM:
Mayor and City Council through City Administrator
Scott D. Russell, Chief of Police~
SUBJECT:
Amendment to Inventorv Search Ordinance
RECOMMENDATION:
It is recommended that the City Council enact the attached ordinance in order
to amend the Woodburn inventory search ordinance No. 2138
BACKGROUND:
In the course of enforcing traffic and criminal law police officers often find
themselves required to impound vehicles. Taking inventory of any valuables
located in impounded vehicles is a prudent and necessary function. Authority
and procedures for conducting inventory searches of vehicles impounded by
the Woodburn Police Department is established and governed by city
ordinance. Recent court decisions have cleafly defined the limit and scope of
these inventory searches under the law. The Marion County District Attorneys
Office requested that we review our current inventory policy and revise certain
sections in order to better conform to current legal procedures and case law.
DISCUSSION:
Police department staff along with city legal staff have carefully feviewed the
current inventory search ordinance along with current case law and are
recommending changes to Section three (3) of the current ordinance in order
to more closely conform to case law. This section addresses inventories of
impounded vehicles and the protection of valuables located in such vehicles.
These ore not ir;vestitJotory vehicle searches; which ,)re go\/erned by other ri~ies.
The purposes of in'/entory searches are; to identify what property is present, to
avoid spurious claims to loss of such property, to assist in the prevention of theft
of the property, to locate dangerous or toxic substances, and to reduce dangef
t,.) persons cw.d property. 'N hi:e the purposes of such searches are not
irwestigatory :n r,rJture. from tirre to time evidence of criminal conduct may be
.\ I~:,::ri-_~'-J "~,;n"': ~~'~\';,~;\h:
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35
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Mayor and City Council
July 18, 2006
Page 2
.
.
located. It is important that proper procedures be followed in order to allow
such evidence to be admissible in court. These changes to ordinance support
proper police procedure that will protect individual property rights while still
allowing contraband and evidence of criminal behavior that is located to be
properly presented in a court of law.
The attached ordinance is submitted for your approval as an "emergency
ordinance". Inventory searches occur on a daily basis, and therefore should be
conducted in accord with case law as soon as possible. The emergency clause
allows the department to do so, immediately.
FINANCIAL IMPACT:
None
36
COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE 2138, GRANTING AUTHORITY AND
ESTABLISHING PROCEDURES FOR INVENTORY SEARCHES BY THE WOODBURN
POLICE DEPARTMENT, AND DECLARING AN EMERGENCY.
WHEREAS, Ordinance 2138 grants authority and establishes procedures for
inventory searches by the Woodburn Police Department; and
WHEREAS. the Marion County District Attorney has requested a portion of
said ordinance be revised to better conform to current criminal procedure law
and to allow more effective prosecution; and
WHEREAS, the City seeks to facilitate the safety and prosperity of the
community through lawful police activities; and
WHEREAS, the City wants to remove any unnecessary barriers to lawful
police searches and investigations: NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Section 3, Ordinance 2138 is amended to read as follows:
Section 3. Inventories of Impounded Vehicles.
(A) The contents of all vehicles impounded by a police officer shall be
inventoried. The inventory shall be conducted before constructive custody of
the vehicle is released to a third-party towing company except under the
following circumstances:
1. If there is reasonable suspicion to believe that the safety of
either the police officer or another person is at risk, a required inventory shall be
done as soon as safely practical; and
2. If the vehicle is being impounded for evidentiary purposes in
connection with the investigation of a criminal offense, the inventory shall be
done after such investigation is completed.
(B) The purposes for the inventory of an impounded vehicle are:
Page 1 - COUNCIL Bill NO.
ORDINANCE NO.
37
~, '.lII'I" .,..,
1. To promptly identify property to establish accountability and
avoid spurious claims to property;
2. To assist in the prevention of theft of property;
3. To locate toxic, flammable or explosive substances; and
4. To reduce the danger to persons and property.
(C) Inventories of impounded vehicles shall be conducted according
to the following procedure:
1 . An inventory of personal property and the contents of open
containers shall be conducted throughout the passenger and engine
compartments of the vehicle including, but not limited to, accessible areas
under or within the dashboard area, in any pockets in the doors or in the back
of the front seat, in any console between the seats, under any floor mats and
under the seats;
2. In addition to the passenger and engine compartments as
described above, an inventory of personal property and the contents of open
containers shall also be conducted in the following locations:
a. Any other type of unlocked compartments that are a
part of the vehicle including, but not limited to, unlocked vehicle trunks and
unlocked car-top containers; and
b. Any locked compartments including, but not limited to,
locked vehicle trunks, locked hatchbacks and locked car-top containers, if
either the keys are available to be released with the vehicle to the third-party
towing company or an unlocking mechanism for such compartment is available
within the vehicle.
3. An inventory shall include opening of closed containers
located in the vehicle that are designed to hold valuables, including, but not
limited to, backpacks, fanny packs, briefcases, laptop bags, and purses.
4. Upon completion of the inventory, the police officer shall
complete a report.
5. Any valuables located during the inventory process shall be
listed on a property receipt. A copy of the property receipt shall either be left in
the vehicle or tendered to the person in control of the vehicle if such person is
present.
Page 2 - COUNCIL BILL NO.
ORDINANCE NO.
38
.. .....,
Section 2. Declaration of Emeraencv. This ordinance being necessary
for the immediate preservation of the public peace, health and safety for the
reason that police inventory searches are ongoing and immediate application
of this ordinance is necessary to conform with the law, an emergency is
declared to exist and this ordinance shall take effect immediately upon
passage by the Council and approval by the Mayor.
Approved as to form:
?In/~
City Attorney
Jii n F2JOb
Dat
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 3 - COUNCIL BILL NO.
ORDINANCE NO.
39
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August 9, 2006
TO: Mayor and City Council through City Administrator
FROM:
Randy Scott, Senior Engineer Technician, Through the Public Works c::fs:2
Director ~
SUBJECT: Acceptance of Public utility Easement, 591 Gatch Street
RECOMMENDATION:
It is being recommended that the City Council accept the attached Public
Utility Easement as described on Attachment "A".
BACKGROUND:
The 16 foot wide Public Utility Easement is being conveyed to the city by Mid
Valley Community Church for the future maintenance of a 6" diameter water
main constructed on the subject property to provide fire protection for the
Arthur Academy Mastery Learning Institute located at 575 Gatch Street
DISCUSSION:
The conveyance of the easement is a condition of Land Use Approval,
Community Development Design Review case file 04-12.
FINANCIAL IMPACT:
There is no financial impact with the recommended action
Attachment:
Vicinity Map
Attachment "A", the properly signed Public Utility Easement
Agenda Item Review:
City Administrat
City Attorney
Finance
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ATTACHMENT "A"
AFTER RECORDING RETURN TO
Woodburn City Recorder
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
CITY OF WOODBURN, OREGON
PUBLIC UTILITY EASEMENTS
(Permanent)
Mid-Valley CommunIty Church, GRANTOR, grants to the CITY OF
WOODBURN, OREGON, hereinafter called CITY, a permanent easement and rlght-of-
way, including the permanent right to construct, reconstruct, operate, and maintain Q
inch water line on the following described land
See attached Exhibit "A" Legal Descnption 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, :ost, or damage an sing out of the exercise of the rights granted
herein
The true conside1atlon of this conveyance is none.
GRANTOR cov:nants to CITY that GRANTOR is lawfully seized in fee simple of
the above-granted prenlses, free from all encumbrances and that GRANTOR and their
heirs and personal representatives shall warrant and forever defend the said premises
and every part thereo to CITY against the lawful claims and demands of all persons
claiming by, through,Jr under GRANTOR
PubliC Utility Easemen\ (permanent)
Page 1 of 4
42
.. ........'
DATED this ,zj~r day of October, 2005
Mid-Valley Community Church
~
CORPORATE ACKNOWLEDGEMENT
STATE OF OREGON
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County of Marion
The foregoing instrument was acknowledged before me this d. I day of
October, 2005, by Jesse Hamberger, the Pastor of Mid-Valley Community Church, a
non-profit corporation, on behalf of the corpOrjtion.
OFACIALSEAL ~kL '-~~-
_TRUDIE FLESHMAN
NOTARYPUeuG-OREGON NOTARY PUBLIC FOR OREGON
.....' COMMISSION NO. 36861~3 2007 My Commission Expires: In!)!?;,}, /! ;JOU I
MY COMMISSION EXPIRES MARCH. /
Grantee
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
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
43
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EXHIBIT "A"
9755 SW Barne\ Road, Suite 300
Portland. Oregon 97125
503.626.0455
fax 503.526.0775
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Legal Description of
Permanent Easement
JlJL Y 26, 2005
LEGAL DESCRIPTION
PUBLIC UTILITY EASEMENT
WOODBURN CHARTER SCHOOL
PROJECT NO. 31 (l64
A PORTION OF TIlE NORTHEAST ONE-QUARTER OF SECTION 18, TOWNSHIP 5 SOUTH,
RANGE 1 WEST OF TI IE WILLNvlETI'L: MERIDIAN, CITY OF WOODBURN, MARION
COUNTY, OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A 1-1/4" IRON PIPE MARKING THE NORTHEAST CORNER OF THE J.B.
DUCHARME D.L.e.; THENCE SOUTH 20030'00" WEST ALONG THE EAST LINE OF SAID
D.LC, 322.28 FEET; THENCE LEAVING SAID D.L.e. LINE SOUTH 81009'00" EAST, 100.60
FEET TO THE WEST LINE OF THAT TRACT DESCRIBED TN VOLUME 471, PAGE 329 OF THE
MARION COUNTY DEED RECORDS; THENCE SOUTH 08051 '00" WEST ALONG SAID WEST
UNE, 147.57 FEET TO THE POINT OF I3EGINNING; THENCE SOUTH 81009'00" EAST, 245.41
FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF GATCH STREET, BEING 20.00 FEET
FROM THE CENTERLINE THEREOF; THENCE SOUTH 08041' IS" WEST ALONG SAID RIGHT-
OF-WAY LINE, 16.00 FEET TO THE SOUTI( LINE OF SAID TRACT; THENCE LEA VINCi SAI\)
RI<jHT-OF-WAY LINE NORTH 81009'00" WEST ALONG SAID SOUTH TRACT LINE, 201.79
FEET; THENCE LEAVING SAID SOUTH LINE SOUTH 19046'26" WEST, 27.61 FEET; TIlENCE
NORTH 70013')4" WEST, 16.00 FEET; THENCE NORTH 19046'26" EAST, 24.52 FEET TO SAID
SOUTH TRACT LINE, THENCE NORTH 81009'00" WEST ALONG SAID TRACT LINE, 2737
FEET TO THE SOUTHWEST CORNER OF SAID TRACT; THENCE NORTH 08051 '00" EAST
ALONG 'rHE WEST LINE OF SAID TRACT, [(l.OO FEET TO THE POINT OF BEGINNING.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
~~j~
OREGON
JULY 11. 2000
MICHAEL H. HARRIS
57863
RENEWAL: JUNE 30. 2007
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44
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EXHIBIT "B"
Sketch for Legal Description of
/ ~ Permanent Easement
~POIN T OF COMMENCEMEN T
1 1/4. IRON PIPE A T THE
NOR THEAS T CORNER OF THE
JB. DUCHARME OLC.
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DUCHARME OLe
TAX LOT 5600
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VOLUME 471 PAGE J29
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POINT OF
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PUBLIC UDUTY EASEMENT FROM THE
MIO- VALLEY BAPDST CHURCH TO
THE CI TY OF WOODBURN
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SKETCH TO ACCOMPANY LEGAL OESCRlfJ TION
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WOODBURN CHARTER SCHOOL
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August 9, 2006
TO: Mayor and City Council through City Administrator
FROM:
Randy Scott, Senior Engineer Technician, Through the Public Works ~
Director ~
SUBJECT:
Acceptance of Public Utility Easement from Capital Development
RECOMMENDATION:
It is being recommended that the City Council accept the attached Public
Utility Easement as described on Attachment "A".
BACKGROUND:
The easement is being conveyed to the city by Capital Development Company
in conjunction with improvements to the Town Center Subdivision. The easement
will provide for the installation of franchised utilities adjacent to Evergreen Road.
DISC USSION:
The Town Center Subdivision was platted with 5 foot utility easements adjacent
to all streets as required by the by the Woodburn Transportation Plan. The
franchised utilities through this section have requested the property owner
provide a 1 O-foot wide easement for the installation of there facilities.
FINANCIAL IMP ACT:
There is no financial impact with the recommended action
Attached:
Vicinity Map
Attachment "A", the properly signed Public Utility Easement
Agenda Item Review:
City Attorney
Finance .)2; Yl
46
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AFTER RECORDING RETURN TO:
Woodburn City Recorder
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
ATTACHMENT "A"
CITY OF WOODBURN, OREGON
PUBLIC UTILITY EASEMENTS
(Permanent)
Capital Development Company, 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
Public Utilities on the following described land:
A strip of land 10' in width along the length abutting Evergreen Road and
measured perpendicular to the Evergreen Road right-of-way located on
Lot 1, Town Center at Woodburn, City of Woodburn, Marion County. OR.
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 d.l}J(!day of !J/tt-y ,20 {) ("
Capital Development Company
BY~~~
~obert L Blume
Public Utility Easements (Permanent)
Page 1 of 3
48
.. ........
CORPORATE ACKNOWLEDGEMENT
STATE OF WASHINGTON, County of Thurston) ss.
ThhtoregOing instrument was ~ore me this ~^/,) day of
Ht, 20~ by ~ as President of Capital
Development Company a corporation and the foregOIng Instrument was signed and
sealed on behalf of said corporation by authority of its Board of Directors; and each of
them acknowledged said instrument to be its voluntary act and deed.
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NOTARY PUBLIC FOR OREGON
My Commission Expires: 1/-/9 -I} 7
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
Capital Development Company
PO Box 3487
Lacey, WA 98509-3487
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 3
49
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EXHIBIT "A"
Legal Description and Sketch for Permanent Easement
Lot 1. Town Center at Woodburn. City of Woodburn, Marlon County, Oregon
Public UtJIily Easements(Permanent)
Page3of3
f: . d
<; l G U - I U \j - \: () Lj
m4~J
lfl():ll ~J{J .~.~ ~V\.l
50
.
/ II," ;), p" I JJ 1 / d , S oS '1
~~
August 9,2006
TO: Mayor and City Council through City Administrator
./
FROM: Thomas P. Tennant, Captain-1'
SUBJECT: Liquor license Change of Ownership
RECOMMENDATION:
The Woodburn City Council approve a change of ownership application for
Salvador's Bakery.
BACKGROUND:
Applicant: Quiroz, Lela
14865 SE Harmon ct.
Milwaukie, Or. 97267
Ph: 503-653-6615
Quiroz, Daniel
14856 SE Harmon Ct.
Milwaukie, Or. 97267
Ph: 503-653-661 5
Key Rose Enterprises, Inc
14856 SE Harmon Ct.
Milwaukie, Or. 97267
Ph: 503-653-6615
Business:
Salvador's Bakery
405 N. First St.
Woodburn, Or. 97071
Ph: 503-9824513
Agenda Item Review: City Administrator
City A Horney i.
Finance
51
"'.~..... ...
liD
.
"I
'YJr
Mayor and City Council
August 9, 2006
Page 2
.
.
License Type: Umited On-Premise Sales - Permits beer, wine and cider sales for
on-premises consumption only, and the sale of kegs of malt
beverages.
On August 4, 2006 the Woodburn Police Department received an application
requesting approval for a change of ownership for Salvador's Bakery located at
405 N. First St. The above-mentioned applicant has purchased the business and
is applying for a license.
During the last 12 months an employee of Salvador's Bakery was cited for selling
alcohol to a minor, this occurred on 11/22/2005.
The business will be open from 7:00 am to 10:00 pm Monday through Sunday.
The applicant stated the business was purchased on 8/01/2006 and has not
been selling alcohol since the sale. A temporary permit will be applied for
through OLCC for temporary sales of alcohol form the business until this license is
approved. The applicant advises the business will be selling beer and wine
along with serving food during normal business hours. The police department
has received no communication from the public or surrounding businesses in
support of or against the change of ownership.
DISCUSSION:
The police department has completed a background investigation on the
applicant and found nothing of a questionable nature, which would preclude
the issuance of this Liquor License.
FINANCIAL IMPACT:
None
52
I'~""", .'
"<'.E:: Q \)E.~ \" \ ~ <-;. () \ E t'J\. \-~
JREGON LIQUOR CONTROL COMMISSION
LIQUOR LICENSE APPLICATION
PLEASE PRINT OR TYPE
ApDlication is being made for:
LICENSE TYPES
o Full On-Premises Sales ($402.60/yr)
a Commercial Establishment
o Caterer
o Passenger Carrier
o Other Public location
g)'rivate Club
~~ited On-Premises Sales ($202.60/yr)
a"Off-Premises Sales ($100/yr)
o with Fuel Pumps
o Brewery Public House ($252.60)
a Winery ($250/yr)
o Other:
\ T""'. ~I... ",-,,~.::< '- ~'--- -....0' , , (1-
AuE, \ ~\ A
ru.~ f:\> 0]0 0 0 "'6 '" 1.. Q7S"'ff::!I
AC;FIONS
if'Change Ownership
a New Outlet
o Greater Privilege
a Additional Privilege
o Other
FOR CITY AND COUNTY USE ONLY
The city councilor county commission:
(name of city or county)
recommends that this license be:
Granted 0
Denied 0
By:
(signature)
Name:
(date)
Title:
Applying as:
o Individuals 0 Limited
Partnership
~orporation
a Limited Liability
Company
OLCC USE O~ ~
AppliQ.l Rec'd bY~'" ~~ ('~ .
Date: ~lo \D'9
@ ~-">t'--:>,~L (:: ." ,~",-7
, .. '. .
ONGOH ~ ~~ROt. GQWMSION
: ~'l ~~ ~~'1t'mdur:.J\C
2. Trade Name (dba): ~-...lp." ~\S .~\ SALiM R~aIONAL OFFICE
3. Business location: 4<_F:-> ~ \=\ R~"\ '5"" ~.~ , 0 \<. C\.. l D \. \
(number, street, rural route) (city) (county) , (state) (ZIP code)
~
4. Business Mailing Address: \ '2:IoS <2:C ,1-FrVi ~ N\\~C.
(PO box, number, street, rural route) city) (state)
1. Applicant(s): [See SECTION 1 of the Guide]
CD L~ G\~-;:--
5. Business Numbers: '=::,C;"6- <;~2- L\S\3
(phone)
6. Is the business at this location currently licensed by OLCC? ~es ONo
'> ~1'2k--
(ZIP code)
S-:F6- ~\ - IL\-C{O
(fax)
7. If yes to whom: ~L'-i~\'::jC)~ ~o<:~
Type of License:
0;-.... -:J..... -
. - 'r~(V\A 'S~S
8. Former Business Name:
C~'-~~C:c;0S:.
\:..~~
\
9. Will you have a manager? aVes l2!lNo Name:
(manager must fill out an individual history form)
10. What is the local governing body where your business is located? ~C*,2:, CU:)\''-..:::\'i
~ (name of city or county)
11. Contact person for this application: ~~ ~'\ 0..'...::. L \=:o::~-- .~ ~ ~ "2.q, IL\-
(name) (phone number(s)
\~~~~ ~ \-\~~~'\C:)~ C.:\:.. ~'LW~~E n~ q'L-br
(address) . (fax number)) (e-mail address) "
?c;"~ - ~S~ .-(;,'(,,5 \~\c:...\X"~cs\-(,) Q~-\..",~.....I.." Ceo",,-
I understand that if my answers are not true and complete, the OlCC may deny my license application.
Applicant(s) Signature(s) and Date:
: ~{d5~)
Date <C/61cf.~ Q)
f I
Date ,1t8/Cb@
, I
1-800-452-01 r~ (6522)
www.olcc53_..)r.us
Date
Date
"' I I ~-'Ii:.P.
01:,.;"'..;) '../
'-sJ -\( 10<': 0:... \ ~l dl
...... .'
(, ,
~:Ij-....~W~
~.
WOODBURN
liE
~~
.
f II " .:J r r .., , .1 I ~ II'S" oJ
.
August 9, 2006
FROM:
Mayor and City Council through City Administrator
Thomas P. Tennant, Captain-rfl
TO:
SUBJECT:
Liquor License Change of Ownership
RECOMMENDATION:
The Woodburn City Council approve a change of ownership application for
Perla's Restaurant.
BACKGROUND:
Applicant: Gutierrez, Maricela
4639 Red Cherry Court SE
Salem, Or. 97317
Ph: 503-3628667
Business: Perla's Restaurant
553 N. Front st.
Woodburn. Or. 97071
Ph: 503-981-3962
License Type: Full On-Premises Sales - Permits beer, wine, cider and hard
alcohol sales for on-premises consumption only.
On July 31, 2006 the Woodburn Police Department received an application
requesting approval for a change of ownership for Perla's Restaurant located at
553 N. Front St. The above-mentioned applicant has purchased the business
and is applying for a license.
During the last 12 months there were no reported liquor law violations at Perla's
Restaurant.
Agenda Item Review: City Administrat
City Attorney ~
, ,111
Finance ' I
54
..'....... .'
Mayor and City Council
August 9,2006
Page 2
.
.
The business will be open from 10:00 am to 9:00 pm Monday through Sunday.
The business is presently open for business and selling alcohol with a temporary
permit issued through OLCC for temporary sales of alcohol. The applicant
advises the business will be selling beer, wine and hard alcohol along with
serving food during normal business hours. The police department has received
no communication from the public or surrounding businesses in support of or
against the change of ownership.
DISCUSSION:
The police department has completed a background investigation on the
applicant and found nothing of a questionable nature, which would preclude
the issuance of this Liquor License.
FINANCIAL IMPACT:
None
55
'"........ .'
ORffiON LIQUOR CONTROL COMMISSION
LIQUOR LICENSE APPLICATION
PLEASE PRINT OR TYPE
Application is being made for:
LICENSE TYPES
j)sf FjJII On-Premises Sales ($402.60/yr)
, J( Commercial Establishment
o Caterer
o Passenger Carrier
o Other Public Location
o Private Club
o Limited On-Premises Sales ($202.60/yr)
o Off-Premises Sales ($100/yr)
o with Fuel Pumps
o Brewery Public House ($252.60)
o Winery ($250/yr)
o Other:
~9TIONS
~ ~hange Ownership
o New Outlet
o Greater Privilege
o Additional Privilege
o Other
o Limited
Partnership
o Corporation
o Limited Liability
Company
1. Applicant(s}: [See SECTION 1 of th~ Guide]
CD x~',r.p\o... c:'\..r~\e~(
@
@)
@
Q e_ ~.....i..fi \) '; c\ V\.-\
4. Business Mailing Address: ':3 (' ~ a c.'.. G \e:-~vC-
(PO box, number, street. rural route)
5. Business Numbers: e-ro~) C\ B( - 3q(Q'~
(phone)
6. Is the business at this location currently licensed by OLCC? fi:Pr'es ONo
2. Trade Name (dba): \!e '<"-\.,0: <)
3. Business Location: 56?:> ~,~c.'L\3.. \ldit:<")0X>U~~
(number, street, rural route) (city)
7. If yes to whom: ~e.'(n-...0~~o...
8. Former Business Name: ~e:r\o.:"S
I ,_. . ,---~ J ~ -'5~,. ",
FI\I"~,: 'f. nr~r,.,tJ:-.;., '....'.'T 8-.
(j;\' ';,,::\,!h(~~',',: j~"~ '.
0-' - c:;; Sb/ ',-~ ,,' , . .
~ ... ..r__....._ _~:
FOR CITY AND COUNTY USE ONLY
The city council or county commission:
(name of city or county)
recommends that this license be:
Granted 0
Denied 0
By:
(signature)
Name:
(date)
Title:
OLCCUY
AppIicatio/;'f'd by. ~<:.(
Date::J \\\j \.0
90-day authority: 0 Yes 0 No
Mo..nC:r"- Co",,\",
(county) (state) ,
C:R. QiC'l\
(ZIP code)
(city)
(state)
(ZIP code)
(fax)
Type of License: \=<) \. \
C)V\. - ~ f-e_"", Y-;,~ ....
f&e ~~\J"\. \:
9. Will you have a manager? DYes ONo Name:
C&1W\0
(manager must till out an individual history form)
10.What is the local governing body where your business is located? ~Ah \\h I (\A.o..v?"., ('nl).\ .~.
(name of city or coun~~ -.:L ('\ 0_\ ~ I "
11. Contact person for this application: ~ \~ ~~~
(name) (phone number(s)
(fax number) (e-mail address)
wers are not true and complete, the OlCC may deny my license application.
nd Date:
J)
Date I- -3/-f\{~
Date
Date
(!(_, - i5'1 5' .l-
t. <(-("It ~ /I/~
@)
@
Date
1-800-452-0LCC (6522)
www.olcc56)r.us
kLf
. *. .~"""'" ,..,
...A ,: ....',~&::.~ '\.. ".
~
WQ.QD~J)RN
Io(OIf<r."d fS89
IlF
~r~
.
.
August 14, 2006
FROM:
Honorable Mayor and City Council
John C. Brown, City Administrato~
TO:
SUBJECT:
Cancellation of August 28, 2006 Meeting
RECOMMENDATION:
It is recommended the City Council cancel the August 28, 2006 meeting.
BACKGROUND:
Pursuant to City Charter, the City Council is required to meet regularly, at least
once a month. The Council meets twice monthly, or more often, to conduct
City business. The Council occasionally cancels a meeting, due to holiday
schedules or lack of business.
DISCUSSION:
The Mayor is not available for the August 28, 2006 meeting due to scheduled
vacation and travel. Items that would have been scheduled for your
consideration on the 28th were presented at your August 14, 2006 meeting or
can be held until September 11th. Because of the pending absence of the
Mayor and the lack of anticipated agenda items for the second meeting in
August, it is recommended your Council cancel that meeting.
Agenda Item Review: City Administrat
Finance
57
". , .......
ATTACHMENT A
IN THE PLANNING COMMISSION OF WOODBURN, OREGON
COMPREHENSIVE PLAN MAP AMENDMENT 04-02)
ZONE CHANGE 04-03 )
CONDITIONAL USE 04-10 ) FINAL ORDER
DESIGN REVIEW 05-03 )
SIGN DESIGN REVIEW 06-06 )
WHEREAS, a request was made by Wallace W. Lien, the applicant, for 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), and;
WHEREAS, the Planning Commission reviewed the matter at their meeting of
July 13, 2006, and;
WHEREAS, the Planning Commission considered the written and oral t8~)limony
presented by staff, the applicant, and other interested persons, and;
WHEREAS, the Planning Commission closed the hearing, and;
WHEREAS, the Planning Commission moved to recommend that the City
Council 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, and
instructed staff to prepare findings and conclusions.
NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COMMISSION:
The Planning Commission hereby recommends that the City Council 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, based on the findings and
conclusions contained in Exhibit "A", and subject to the conditions of approval contained in
Exhibit "8", which are attached hereto and by reference incorporated herein and which the
Planning Commissi0tl finds reasQnable.
; . /' ,i
Approved:____ _.+..(L. --...:.-~r~-~-.LUi,-'- ______h
Ellen Bandelow I Vice-Chairperson
I
/.(
r'--
j"' . ) /
~L2._:"'"J._,;
date J
C?A 0402, ZC C4 03, CU 04-' 0, DR 05 03 & SDR 0606
PCl:Je ,
I" '.....
EXHIBIT "A"
FINDINGS & CONCLUSIONS
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
CPA 04-02, ZC 04-03, CU 04-10, OR 05-03 & SoR 06-06
Page 2
lot #106 (across South Woodland Avenue and Hillyer Lane) are zoned IL,
designated Industrial on the Woodburn Comprehensive Plan Map and are the
location of a warehouse and distribution center (Do It Best, Corporation) and vacant
land. The property located to the east of tax lot #106 is zoned CG, designated
Commercial on the Woodburn Comprehensive Plan Map, and is the location of a
car dealership. The property located to the north of tax lot #107 (across Hillyer
Lane) is zoned IL, designated Industrial on the Woodburn Comprehensive Plan Map
and is vacant. The property located to the west and south of tax lot #107 is zoned
IL, designated Industrial on the Woodburn Comprehensive Plan Map and is the
location of a food distribution facility (WinCo Foods). The property located to the
east of tax lot #107 is zoned CG, designated Commercial on the Woodburn
Comprehensive Plan Map, and is the location of a car dealership. No wetlands are
shown on the subject properties and they are located outside of the 500-year
floodplain.
Tax lot #106 was created as a result of the Community Development Director's
approval of Partition Case File No. 02-02 on March 11, 2003. Tax lot #107 was
created as a result of the Community Development Director's approval of Partition
Case File No. 04-03 on June 30, 2004. The applicant is proposing a
Comprehensive Plan Map Amendment from "Industrial" to "Commercial", Zone
Change from "Light Industrial" to "Commercial General," Conditional Use and
Design Review to allow an auto dealership (auto display and parking) for the subject
properties. The applicant also requests Sign Design Review approval to allow for
two pole signs to be located on the subject properties.
IV. RELEVANT APPROVAL CRITERIA:
COMPREHENSIVE PLAN MAP AMENDMENT 04-02:
WOODBURN DEVELOPMENT ORDINANCE
Section 5.104.02 Comprehensive Plan Map Change, Owner Initiated
ZONE CHANGE 04-03:
WOODBURN DEVELOPMENT ORDINANCE
Section 5.104.04 Zoning Map Change; Owner Initiated
CONDITIONAL USE 04-10:
WOODBURN DEVELOPMENT ORDINANCE
Section 5.103.01 Conditional Use
DESIGN REVIEW 05-03 & SIGN DESIGN REVIEW 06-06:
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 3
N' '....
WOODBURN DEVELOPMENT ORDINANCE
Section 2.106 Commercial General (CG)
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 applicant states the following:
"... The applicant believes the WCP designation for the subject area was
at least philosophically mapped in error, but does not rely on this
alternative for its justification. 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 OOOT 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 21 9. 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
CPA 04--02, ZC 0403, CU 04-10, OR 05-03 & SDR 06-06 Page 4
'- ."..... ''t''
Winco property is for commercial use because of the street frontage and
adjacent uses. Therefore at least in a certain sense, 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. . ."
The Planning Commission concurs with the applicant's statement.
2. Substantial evidence showing how changes in the community
warrant the proposed change in the pattern and allocation of land
use designations; and
FINDING: The applicant states the following:
".. .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.
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 5
,. '.....
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 WDO 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 highest and best use of this area is for
commercial purposes and not for industrial purposes.
Hillyer is a long time member of the Woodburn business community.
From his beginnings at a lot downtown, to his development of the new
dealership at the freeway, he has been a positive member of the
community. The Hillyer family is generous with their time and money
giving back to the city. A prime example is their scholarship program
for high school students. See Exhibit ilK". Hillyer's Mid-City Ford
employs dozens of local citizens and pays them a good family wage
rate. The dealership provides a positive influence on the community,
and together with the Miles dealerships (Chevrolet and Chrysler -
which was recently taken over from Ward Hershberger) creates a
regional pull for automobile purchasers. By coming to Woodburn,
with easy on and off freeway access, a customer can see new Fords,
Chevrolets, Chryslers, Dodges and Jeeps, as well as a strong
complement of good quality used cars of all makes and models. The
regional draw extends to Salem, Keizer, Silverton, M1. Angel, Gervais,
Donald, Aurora, Wilsonville, Sherwood, S1. Paul, Scotls Mills,
Hubbard, Aumsville, Turner, Stayton and Sublimity, not to mention the
Portland Metro area, which is only 30 minutes north by freeway.
The new car dealerships are enhanced by the factory outlet mall,
which is one of the best in the Pacific Northwest. The high traffic
count puts an abundance of customers right by the display areas for
these car dealerships, and allows a regional customer to shop for cars
at the same time they visit the Woodburn Company Stores. It is no
surprise that one spouse might spend the afternoon at the mall while
the other spends that time looking at cars.
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 6
. .."....... "T"
The car business is very competitive. Buyers are looking for the best
selection and the best value for the money. The more cars a dealer
can inventory on site, the better that dealer's odds of attracting the
customer and retaining them for a sale. Car buyers are traditionally
discernible, knowing what they want, wanting it immediately, and not
being willing to settle for something different. The ability of a dealer to
be able to inventory cars on site, gives that dealer the maximum
ability to offer the customer what they want when they want it, which
increases the potential for sales.
In the case of Hillyer's Mid~City Ford, it 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 obviously 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 I 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 City might recall 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 came as a big
surprise 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. Hillyer found a piece of property on Highway 214 near
the new fire station on the north side, and my office on his behalf
made application for an adjunct to the dealership for used cars in that
location. Unfortunately a site plan could not be developed in that
location in a manner suitable to the City and access to the state
highway was an insurmountable issue, so that project was abandon.
Shortly thereafter negotiations with Winco began and have now
culminated in this application to add 3.249 acres to his site without
having to establish a separate location.
The changes in West Woodburn. and in Woodburn generally are such
that making a minor adjustment to the WCP map to provide for the
CPA 04-02, ZC 0403, CU 04-10, DR 05-03 & SDR 06-06
Page 7
" -
highest and best use of this 3.249 acres is warranted. This application
complies with WOO 95.104.02(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 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 #1 07 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 applicant states the following:
.... .This application complies with all the applicable Statewide
Planning Goals and Rules, and should be approved. What
follows 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
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 8
.. .,:,
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 Planning - 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.
Goal 7 - Areas Subiect to Natural Disasters and Hazards -
There are no identified landslide areas on the subject property.
There are no identified wetlands or floodplains on the subject
property. The property is basically flat and ready for
development to occur. Goal 7 is complied with by this
application.
Goal 8 - Recreational Needs - The subject property is not
needed or even desirable as a recreational area. The site is
located in the middle of a significant commercial and industrial
area, with 2 major streets and a local street impacting it. The
City has sufficient recreational lands already located in the
planning area, including parks, aquatic center and community
center. This goal is satisfied.
Goal 9 - Economics Development - This is a key goal that is
involved in this application. This proposal seeks to turn a
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 9
.', ""
vacant remnant into a productive commercial development. At
the same time it will guarantee the continued financial well
being of Hillyer's Mid-City Ford by allowing it to grow to serve
the regional market, and better compete with new car
dealerships within yards of their front door. 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- Housinq - The current wep 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.
Goal11 - 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 OOOT 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 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
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 10
..,. ....... " ..."
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 - EnerQV 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.. ."
The Planning Commission concurs with the applicant's statements.
b. Comprehensive Plan goals and policies; and
FINDING: The applicant states the following:
"...The WCP in many ways mirrors the goals and policies of
the Statewide Goals and Guidelines, and for all the of the
same reasons, this application complies.
Looking primarily at WCP Chapter IX (Goals and Policies)
together with the BLI dated February 7, 2000 the most relevant
language applies to the Commercial and Industrial sections.
Policies on Residential lands and housing don't apply as the
subject property is not suitable for residential use in either a
commercial or industrial designation and the land itself is
simply not practical to use for housing. The Annexation
policies do not apply as this land is already in the city limits.
Citizen involvement is always applicable to quasi-judicial
applications such as this. As previously discussed under Goal
2, this application will be reviewed by staff, the Woodburn
CPA 04-02, ZC 0403, CU 04-10, DR 05-03 & SDR 06-06
Page 11
.. , .........
Planning Commission and the City Council. At least two public
hearings will be 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 will be allowed to do so. Adequate
citizen involvement is 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 ofthe 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
CPA 04-02, ZC 04-03, CU 04-10, OR 05-03 & SOR 06-06 Page 12
. .. ..... ',,""
is a growing regional retail center, which is important to the City
to maintain and grow to provide and retain local jobs. WCP
SIV(A). The need to move away from the historic "bedroom"
community label is important and is stated throughout the
WCP. See WCP SiX, Policy L-11. One of the first Commercial
policies states the City should at all times have 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
CPA 04-02, ZC 0403, CU 04-10, DR 05-03 & SDR 06-06 Page 13
.. ,"""'"
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 ODOT
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. In this view, this land is not unlike any other
land eliminated from the inventory as being unbuildable.
Practically speaking it doesn't matter if a site is not buildable
because of some natural resource (wetlands, floodplain,
landslide, etc) or if the size and shape of the site do the same
thing. The proverbial bottom line is the land does not have the
potential for future industrial use, and therefore does nothing
for the inventory. A good case could be made for the fact that
leaving this site in the Industrial inventory, knowing it can not
be used to fulfill the actual need for industrial uses, would be
wrong and would understate the deficit.
The City is not looking to such small and odd shape parcels to
fulfill its need for industrial lands. The BLI identifies several
areas in the community for UGB expansion to provide needed
industrial lands. One of these sites, the Mahan property
(Amendment "A") lies immediately adjacent to the west of Tax
Lot 100 and would add 107 acres of industrial land. The
Mahan site has been under consideration for addition to the
UGB for 6 or 7 years, and was identified even during the
approval process for the Winco project. Winco was required to
construct Woodland Avenue to industrial street standards all
the way to actually stub into the Mahan property. The Mahan
site therefore already has a fully developed industrial capacity
street, with all properly sized utilities for industrial use right at
its door step. Clearly the City would look to this site and others
identified in the BLI and not rely on small in-fill sites like this
that can not be used for industrial purposes in the first place.
Moving this small amount of land, whose highest and best use
is for commercial uses, meets and complies with the
Commercial lands goals and policies of the WCP, and has no
adverse affect on the Industrial lands goals and policies.
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 14
... '"",,, ~'"
This application satisfies the goals and policies stated in the
WCP, and as supplemented by the 2000 BU..."
The Planning Commission concurs with the applicant's
statements.
c. Sustains the balance of needed land uses within the
Woodburn Urban Growth Boundary.
FINDING: The applicant states the following:
.... .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 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 Planning Commission concurs with the applicant's
statements.
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
CPA 04 02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 1 5
,. ,......
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: The applicant states the following:
". ..There is a need for more commercial land in the City. As
discussed above, that need can vary from 7 to 1 0 acres according to
the BU. 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 BU and the WCP.
In addition, there is a need for expansion ofthe Hillyer site in order for
that dealership to stay competitive in the marketplace, and to
adequately service the regional clientele that has built up over the
years. As previously mentioned, the Hillyer dealership is the smallest
land mass of any of the West Woodburn dealers. Hillyer's property
has a gross land mass of 5.11 acres, however approximately 1.5
acres of this site is a detention basin and not useable as part of the
dealership. That means the actual land in the dealership is just over
3.5 acres.
Compare this to the Chevrolet dealership across the street that has a
nice square lot configuration which is over 5 acres in size. That
dealership property started out as over 8 acres and after the
dedication of the Arney Road right of way, and not considering the
remnant tract on the opposite side of the road from the dealership.
Effectively, Hillyer is 30% smaller, which is a huge number in
competing businesses.
The Chrysler dealership property is 4.13 acres in size, and its lot
configuration while not perfect, is much more conducive to display of
cars than the Hillyer dealership. At 4.13 acres, the Chrysler
dealership is about 15% larger in useable space, again a large
amount in the car business.
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 16
-,. .......
." .
In addition to pure size of useable land, both the Chevrolet and
Chrysler dealerships have display areas on multiple streets. The
Chevrolet store has display areas on Highway 219 and on Arney
Road, and storage and parking areas on Woodland Avenue and
Arney Road behind the building. The Chrysler store has frontage on
Arney Road and on the street between the dealership and the
Woodburn Company Store mall. Both the Chevrolet and Chrysler
stores have direct access onto the street they face. Hillyer on the
other hand has limited display area on Highway 219 (but does have
freeway frontage some of which is obstructed from southbound traffic)
and no direct access to the street from his display area. In order for
customers to reach the Hillyer store, they have to go all the way to
Woodland, turn onto Woodland, then turn onto Hillyer Lane and travel
that local street to get back to the store and the display areas.
By approving this zone change, it puts the Ford store back on an even
footing with the other dealerships. There will be additional display
area along Highway 219, which will make more sense for the access
to come via Woodland Avenue than is currently the case, and Hillyer
Lane will then become essentially a direct access to the dealership.
In addition, adding 3.249 acres to the 3.5 current useable acres gives
Hillyer 6.7 acres of useable space, which will help it remain a vigorous
business.
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 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
CPA 0402, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 17
,. "'l'
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..."
The Planning Commission note that if the zone change is approved, then
design 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: The applicant states the following:
".. .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
S5.104.04(C)(2). 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
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Pnge 18
." ".... ,.."
unused remnant ofthe 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.
T ax 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 #1 07 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 #107 abuts the
developed portion of the Hillyer Ford dealership site. Thus tax lot #1 07 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
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 19
zone but which, because of some characteristics which are not
entirely compatible with other uses allowed in the zone, cannot be
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
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 20
.......... T"
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
excellent visibility from the surrounding rights of way. The subject
sites' location adjacent to Newberg Highway, classified as a major
arterial in the Woodburn Transportation System Plan, will provide
for good circulation from the site to other areas in the City.
b. The capacity of public water, sewerage, drainage, street
and pedestrian facilities serving the proposed use;
FINDING: The applicant states the following:
"... This display lot requires no new public facilities construction
or easements. Since no buildings are being proposed, the
expansion will require little in the way of infrastructure beyond
storm drainage for the new paved display areas. Storm water
drainage is already provided by a large detention basin located
on Tax Lot 100 to the southwest, and by a detention basin on
the Hillyer property. There are storm drain lines both in Hillyer
Lane and in Woodland Avenue, which together with the
detention basins, provide sufficient capacity to account for
needed storm drainage on the subject property. WOO Section
3.1 02.03(A) requires public streets abutting the development to
be illuminated with street lights installed to city and public utility
standards. All public streets bordering this application have
already been constructed and provide street lights...n
The Public Works Department commented that the existing storm
sewer system within Hillyer Lane is an ODOT facility. Permits will
be required to be obtained from ODOT for connection from them.
An on-site detention will be required to be provided in accordance
with the Storm Water Management Plan. A hydraulic analysis will
be required to be provided to the Public Works Department for
review and approval.
The existing sanitary sewer main within South Woodland Avenue
can provide wastewater service to the development. Service lines
will be required to not be installed in the public right of way as
shown on the plan except at the point of connection to the city
system. Separate sanitary sewer service shall be provided to
each parcel. The private easement crossing the adjacent parcel
may be required for the southeast parcel.
CPA 0402, ZC 04-03, CU 04-10, OR 05-03 & SDR 06-06
Page 21
" , ..,.
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 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 applicant states "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 applicant states that 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.
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 22
.' ,
4. Air quality;
FINDING: The applicant states".. .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
FINDING: The applicant states "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 applicant states the following:
"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
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 23
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 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 #106 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 (OOOT) and will
be subject to the requirements of OAR 734-051. Newberg
Highway is also under the jurisdiction of OOOT 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.
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 24
H" ".... '<r"
d. The conformance of the proposed use with applicable
Comprehensive Plan policies; and
FINDING: The WDO implements the goals and policies
specified in the Woodburn Comprehensive Plan. The
proposed development meets all of the applicable standards
specified in the WDO 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.
DesiQn Review 05-03:
WOODBURN DEVELOPMENT ORDINANCE
Section 2.106
Conditional Uses
The following uses may be permitted in the CG zone subject to the applicable
development standards of the WDO 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.
CPA 04 02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 25
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.
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
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 26
'"..... 'T"
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 #107 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.
FINDING: The applicant is not proposing fences, walls or landscaping
in the 30 foot (corners) or 10 foot (driveways) vision clearance
triangles. One free standing pole sign is proposed in the 30 foot
vision clearance triangle at the south east intersection of Newberg
Highway and South Woodland Avenue. The sign face is located 10
feet from grade which is located outside of the 7 foot height vision
clearance area. This approval criterion is met.
d. Vehicular Access. Permitted in conformance with
Section 3.104.
FINDING: Vehicular Access is discussed in Section 3.104 of this
report.
2. Interior Side and Rear Yard Setbacks.
a. Development in a CG zone shall be subject to the setback and
buffer requirements of Table 2.1.11.
CPA 04-02, ZC 0403, CU 04-10, DR 05-03 & SDR 06-06
Page 27
.. ,.......
TABLE 2.1.11 Interior Yard and Buffer Standards for CG Zones
Abutting Property Landscaping Wall Interior Setback
RS. R1 S, or RM There is no buffer Solid brick or 10 ft.
zone yard landscaping architectural wall
requirement for an with anti-graffiti
interior yard surface,noless
abutting a buffer than 6 feet or
wall. greater than 7 feet
in height.
CO, CG, DDC, 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
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 a.butting 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
CPA 04-02, ZC 04 03, CU 04-10, DR 05-03 & SDR 06-06 P3ge 28
.....""" T"
applicant proposes a chain link fence with white slats 6 feet in height
along the west and south property lines of tax lot #107 to screen the
south and west property lines of tax lot #107 from the abutting
industrial use.
b. The minimum building setback from a private access
easement shall be 5 feet.
FINDING: No buildings are proposed as part of this design review
request. The proposal meets this criterion.
Section 2.106.06 Development Standards
All development in the CG zone shall comply with the applicable provisions of
the WDO. The following standards specifically apply to uses in the CG zone.
A. Off Street Parking.
Off street parking shall be subject to the standards of Section 2.106.05
and Section 3.105.
FINDING: Compliance with off street parking requirements is discussed in Section
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.
CPA 04-02, ZC 04-03, CU 04-10, DR 0503 & SDR 06-06
Page 29
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
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 oftax 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
CPA 04-02, ZC 04-03, CU 04-10, OR 05-03 & SoR 06-06 Page 30
.""" <or"
improvements to Woodland Avenue were not triggered as part of the partitions that
created tax lots #106 and #107. Street improvements will not be triggered at this
time due to the subject properties being bound by the requirements of the precedent
land use decisions per Section 3.1 04.01.B.3.b. In addition, the current Woodburn
Transportation System Plan (TSP) designates this portion of South Woodland
Avenue as a minor arterial. The updated TSP, which is included as a component in
the periodic review documents that are currently in the approval process,
downgrades South Woodland Avenue to an access street. The current street
improved width and right of way exceeds the requirements for an access street.
Section 3.102 Utilities and Easements
Section 3.102.01 Water, Sanitary Sewer and Storm Drainage Facilities
Municipal water, sanitary sewer and storm drainage facilities shall be installed
to applicable Public Works Department and state standards.
FINDING: The Public Works Department commented that the existing storm sewer
system within Hillyer Lane is an OOOT facility. Permits will be required to be
obtained from OOOT for connection from them. An on-site detention will be required
to be provided in accordance with the Storm Water Management Plan. A hydraulic
analysis will be required to be provided to the Public Works Department for review
and approval.
The existing sanitary sewer main within South Woodland Avenue can provide
wastewater service to the development. Service lines will be required to not be
installed in the public right of way as shown on the plan except at the point of
connection to the city system. Separate sanitary sewer service shall be provided to
each parcel. The private easement crossing the adjacent parcel may be required
for the southeast parcel.
The existing water main on the east side of the subject property or the west side of
South Woodland Avenue can be utilized to provide for both domestic and fire
protection service. If an additional fire hydrant is required by the Woodburn Fire
District, the water main and hydrant will be a city maintained system and installed
by the applicant and constructed and permitted in 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
CPA 04-02, ZC 04 03, CU 04-10, DR 05-03 & SDR 0606
Page 31
I- ''''fIW'
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.
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.
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 32
."...... T'
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
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.)
CPA 04-02, ZC 04-03, CU 04-10, OR 05-03 & SOR 0606
Page 33
.' ,"ftt
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
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
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 34
u"".... "t"
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 #106 which requires
22 parking spaces (43,805/2,000=21.9). Twenty two (22) parking spaces
are proposed on tax lot #1 06 which meets the 22 parking space requirement.
The applicant is proposing 73,695 square feet of display area /2,000 square
feet on tax lot #1 07 which requires 37 off-street parking spaces. Thirty seven
(37) off-street parking spaces are proposed on tax lot #1 07 which meets the
37 parking space requirement. This approval criterion is met.
3. The number of disabled person vehicle parking spaces shall be
provided to the standards of the state Building Code and
applicable federal standards. The number of disabled person
vehicle parking spaces shall be included as part oftotal required
vehicle parking spaces.
FINDING: One disabled person vehicle parking space is required on tax lot
#106 per the Uniform Building Code for a parking lot containing 1 to 25 off
street parking spaces. The applicant is proposing 1 disabled vehicle parking
space on tax lot #106 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 #107 to meet the 2 disabled vehicle parking space
requirement on tax lot #107. This criterion is met.
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
CPA 04 02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 35
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.
FIN DING: 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
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
CPA 04-02, ZC 04 03, CU 04-10, DR 05-03 & SDR 06-06 Page 36
;.._<i. .........
3.1.4 shall be designed so that no backing or maneuvering
within a public street right of way is required.
FINDING: The applicant proposes 59 off street parking spaces on the
subject properties. The 3 disabled parking spaces are not subject to
Table 3.1.4. The 56 proposed standard parking spaces have been
designed at a 90-degree angle with a 24-foot 2-way aisle width.
minimum stall width of 9 feet and stall depth of 19 feet, which meets
the 9-foot stall width, 19-foot stall depth and 24-foot 2-way aisle width
for standard 90-degree spaces in accordance with Table 3.1.4. This
approval criterion is met.
b. Off street parking for disabled persons shall be designed
to the standards of the state Building Code and applicable
federal standards.
FINDING: The applicant proposes 3 disabled person parking spaces.
Compliance with the State and Federal design standards will be
reviewed when the construction plans are submitted. This approval
criterion will be met.
5. Directional Marking. EXCEPT for vehicle parking areas for single
family and duplex dwellings, off street parking and maneuvering
areas shall have directional markings and signs to control
vehicle movement.
FINDING: The submitted site plan shows two-way directional markings within
the proposed off street parking and circulation area. This criterion is met.
6. Space Marking. EXCEPT for vehicle parking areas for single
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 applicant states "The parking lot lighting will be well designed
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 37
,"t. ."..
not to adversely impact adjoining property owners (which has never been an
issue with the existing dealership)...n 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:
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.
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 38
.'.. ,"""" 'r"
FINDING: The applicant has submitted a landscaping and irrigation plan in
conjunction with this proposal. This approval criterion is met.
B. Irrigation.
All required landscaped areas shall be permanently irrigated unless a
planting plan without irrigation is submitted by a licensed landscape
architect or a licensed nursery person demonstrating that the proposed
landscaping will thrive without irrigation.
FINDING: The submitted irrigation plan shows that the proposed landscaping will be
irrigated by a new automatic irrigation system. This criterion is met.
E. Maintenance.
The property owner shall be responsible for maintaining all
landscaping in good condition so as to present a healthy and orderly
appearance. Unhealthy and dead plants shall be removed and replaced
in conformance with the original landscape plan.
FINDING: This requirement is a condition of approval for all landscaping located on
the subject site.
Section 3.106.03 Landscaping Standards
A. Streetscape.
1. Street Trees. Within the public street right of way abutting a
development, or within an ally right of way in the DOC zone,
street trees shall be planted to City standards prior to
occupancy.
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
CPA 04-02, ZC 0403, CU 04-10, DR 05-03 & SDR 06-06
Page 39
.' ''''I'
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 #107 because the adjacent uses (auto dealership and
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
CPA 04-02, ZC 04-03, CU 04-' 0, DR 05-03 & SDR 06-06 Page 40
'_ 'r"
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 #106 and
the north property line of tax lot #107 which meets the 5 large tree requirement.
Section 3.106.05 Planting Standards
A. Distribution of Plant Materials.
The required number of plant units shall be met by a combination of
plant materials listed in Table 3.1.5, so that eighty (80) percent of the
area to be landscaped is covered within three years. Required plant
units need not be allocated uniformly through out specified
landscaping areas, but may be grouped for visual effect.
FINDING: A condition of approval is that all shrubs and ground cover shall be of a
size upon installation so as to attain 80% of ground coverage within 3 years.
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.
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 41
"".~
C. Curbs.
A six-inch concrete curb shall be provided between a landscaped area
and a parking area or access way.
FINDING: The submitted site plan shows a 6-inch concrete curb provided between
the parking and circulation areas and landscaped areas. This approval criterion is
met.
Section 3.107 Architectural Design Guidelines and Standards
Section 3.107.06 Guidelines and Standards for Non-Residential Structures in
RS, R1 S, RM, CO, CG and P/SP Zones
A. Applicability.
The following design guidelines shall be applicable to all non-
residential structures and buildings in the RS, R1S, RM, CO, CG and P
zones.
FINDING: The applicant is proposing to utilize the subject properties for outdoor
vehicle display only. No structures or buildings are proposed as part of this design
review request so this section of the Woodburn Development Ordinance is not
applicable to the current proposal.
Section 3.110 Signs
Section 3.110.04 Sign Permit Required
A. A sign permit is required to erect, replace, construct, relocate, or alter a
sign, unless such sign or action is exempt under Section 3.110.11...
FINDING: The applicant is proposing two free standing pole signs. These signs will
be subject to sign permit approval in accordance with the applicable criteria of
Section 3.110.
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.B are limited to sign information required under Section
3.110.05.6, and using the standards and design guidelines of Section 3.110
CPA 04-02, ZC 0403, CU 04-10, DR 05-03 & SDR 06-06
Page 42
~''" "..,.
..' ,
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.
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
CPA 04-02, ZC 04-03. CU 04-10, DR 05-03 & SDR 06-06 Page 43
'" . ,...,..,
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 (0) 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 i~ 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
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.
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 44
,.... ''''Il' '~"
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 #1 07 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
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
CPA 04-02. ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 45
.... , ......
met.
VI. CONCLUSION AND RECOMMENDATION:
Based on the information in this report, the information provided by the applicant
and the applicable review criteria, findil}gs required 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 can be made. Therefore, the
Planning Commission recommends that the City Council 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.
CPA 0402, ZC 04-03, CU 04-' 0, DR 05-03 & SDR 06-06 Page 46
.- '"''',.
EXHIBIT "B"
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.
PUBLIC WORKS
GENERAL CONDITIONS:
8. Final plans shall conform to the construction plan review procedures and
standards.
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
P;1ge 47
.' ".....
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 OOOT 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 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.
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
PiJge 48
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 49
,. . ...
CITY OF WOODBURN, OREGON
PLANNING COMMISSION
June 22, 2006
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. 3Znd 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 north and west of Interstate 5 (T5S, RZW, 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 1.389 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
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 1
,<'
automobile dealership (Miles Chevrolet). The properties located to the west of tax
lot #106 (across South Woodland Avenue and Hillyer Lane) are zoned IL,
designated Industrial on the Woodburn Comprehensive Plan Map and are the
location of a warehouse and distribution center (Do It Best, Corporation) and vacant
land. The property located to the east of tax lot #106 is zoned CG, designated
Commercial on the Woodburn Comprehensive Plan Map, and is the location of a
car dealership. The property located to the north of tax lot #107 (across Hillyer
Lane) is zoned IL, designated Industrial on the Woodburn Comprehensive Plan Map
and is vacant. The property located to the west and south of tax lot #107 is zoned
IL, designated Industrial on the Woodburn Comprehensive Plan Map and is the
location of a food distribution facility (Winco Foods). The property located to the
east of tax lot #107 is zoned CG, designated Commercial on the Woodburn
Comprehensive Plan Map, and is the location of a car dealership. No wetlands are
shown on the subject properties and they are located outside of the 500-year
floodplain.
Tax lot #106 was created as a result of the Community Development Director's
approval of Partition Case File No. 02-02 on March 11,2003. Tax lot #107 was
created as a result of the Community Development Director's approval of Partition
Case File No. 04-03 on June 30, 2004. The applicant is proposing a
Comprehensive Plan Map Amendment from "Industrial" to "Commercial," Zone
Change from "Light Industrial" to "Commercial General," Conditional Use and
Design Review to allow an auto dealership (auto display and parking) for the subject
properties. The applicant also requests Sign Design Review approval to allow for
two pole signs to be located on the subject properties.
IV. RELEVANT APPROVAL CRITERIA:
COMPREHENSIVE PLAN MAP AMENDMENT 04-02:
WOODBURN DEVELOPMENT ORDINANCE
Section 5.104.02 Comprehensive Plan Map Change, Owner Initiated
ZONE CHANGE 04-03:
WOODBURN DEVELOPMENT ORDINANCE
Section 5.104.04 Zoning Map Change; Owner Initiated
CONDITIONAL USE 04-10:
WOODBURN DEVELOPMENT ORDINANCE
Section 5.103.01 Conditional Use
DESIGN REVIEW 05-03 & SIGN DESIGN REVIEW 06-06:
CPA 04-02, ZC 0403, CU 04-10, DR 05-03 & SDR 06-06 P3ge 2
., '......, .'
WOODBU RN DEVELOPMENT ORDINANCE
Section 2.106 Commercial General (CG)
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 . ANALYSIS:
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;
STAFF COMMENT: The applicant states the following:
.... .The applicant believes the WCP designation for the subject area
was at least philosophically mapped in error, but does not rely on this
alternative for its justification. 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
T ax 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
CPA 0402, ZC C4-03, CU 04-10, DR 05-03 & SDR 06-06 Page 3
'~I tl
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 at least in
a certain sense, 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.. ."
Staff concur with the applicant's statement.
2. Substantial evidence showing how changes in the community
warrant the proposed change in the pattern and allocation of land
use designations; and
5T AFF COMMENT: The applicant states the following:
.... .The Winco tract (Tax Lot 100 in its original configuration) has been
designated Industrial in the We? 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
CPA 04-02, ZC 04 03, CU 04-' 0, DR 05-03 & SOR 06-06 Page 4
,. ,""'t~ . '..,
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 WC? 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 its 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 highest and best use of this area is for
commercial purposes and not for industrial purposes.
Hillyer is a long time member of the Woodburn business community.
From his beginnings at a lot downtown, to his development of the new
dealership at the freeway, he has been a positive member of the
community. The Hillyer family is generous with their time and money
giving back to the city. A prime example is their scholarship program
for high school students. See Exhibit "K". Hillyer's Mid-City Ford
employs dozens of local citizens and pays them a good family wage
rate. The dealership provides a positive influence on the community,
and together with the Miles dealerships (Chevrolet and Chrysler -
which was recently taken over from Ward Hershberger) creates a
regional pull for automobile purchasers. By coming to Woodburn,
with easy on and off freeway access, a customer can see new Fords,
Chevrolets, Chryslers, Dodges and Jeeps, as well as a strong
complement of good quality used cars of all makes and models. The
regional draw extends to Salem, Keizer, Silverton, Mt. Angel, Gervais,
Donald, Aurora, Wilsonville, Sherwood, S1. Paul, Scotts Mills,
Hubbard, Aumsville, Turner, Stayton and Sublimity, not to mention
the Portland Metro area, which is only 30 minutes north by the
freeway.
The new car dealerships are enhanced by the factory outlet mall,
which is one of the best in the Pacific Northwest. The high traffic
count puts an abundance of customers right by the display areas for
these car dealerships, and allows a regional customer to shop for cars
CPA 04-02, ZC 04--03, CU 04-' 0, DR 05-03 & SDR 06-06 Page 5
,~l ~
at the same time they visit the Woodburn Company Stores. It is no
surprise that one spouse might spend the afternoon at the mall while
the other spends that time looking at cars.
The car business is very competitive. Buyers are looking for the best
selection and the best value for the money. The more cars a dealer
can inventory on site, the better that dealer's odds of attracting the
customer and retaining them for a sale. Car buyers are traditionally
discernible, knowing what they want, wanting it immediately, and not
being willing to settle for something different. The ability of a dealer to
be able to inventory cars on site, gives that dealer the maximum
ability to offer the customer what they want when they want it, which
increases the potential for sales.
In the case of Hillyer's Mid-City Ford, it 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 obviously 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 tax lot 107] to provide just
over 3 acres of good, solid land to add to its existing operation.
The City might recall 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 came as a big
surprise 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. Hillyer found a piece of property on Highway 214 near
the new fire station on the north side, and my office on his behalf
made application for an adjunct to the dealership for used cars in that
location. Unfortunately a site plan could not be developed in that
location in a manner suitable to the City and access to the state
highway was an insurmountable issue, so that project was
abandoned. Shortly thereafter negotiations with Winco began and
have now culminated in this application to add 3.249 acres to his site
without having to establish a separate location.
CPA 0402, ZC 04.-03, CU 04-' 0, DR 05-03 & SDR 06-06 Pnge 6
", ... '.'
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 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.
T ax 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 #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;
STAFF COMMENT: The applicant states the following:
".. .This application complies with all the applicable Statewide
Planning Goals and Rules, and should be approved. What
follows is a discussion of specific goals that are applicable to
this application:
CPA 0402, ZC C4-03, CU 04-' O. DR 05-03 & SDR 06-06
P3ge 7
,M<
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 Planning - 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 Qualitv - The end
use of this property will be for storage and display of new and
used 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.
Goal 7 - Areas Subiect to Natural Disasters and Hazards -
There are no identified landslide areas on the subject property.
There are no identified wetlands or floodplains on the subject
property. The property is basically flat and ready for
development to occur. Goal 7 is complied with by this
application.
Goal 8 - Recreational Needs - The subject property is not
needed or even desirable as a recreational area. The site is
located in the middle of a significant commercial and industrial
area, with 2 major streets and a local street impacting it. The
City has sufficient recreational lands already located in the
CPA 0402, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 8
.' "".'
.'
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. At
the same time it will guarantee the continued financial well
being of Hillyer's Mid-City Ford by allowing it to grow to serve
the regional market, and better compete with new car
dealerships within yards of their front door. 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 - HousinQ - 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 OOOT 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 Winco was
built, and the improvements and signalization of Highway 219
corresponded with the completion of the Woodburn Company
CPA 04-02, ZC C'~-03, CU Ocl-10, DR 05-03 & SDR 06-06 Page 9
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 - EnerQV 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..."
Staff concur with the applicant's statements.
b. Comprehensive Plan goals and policies; and
STAFF COMMENT: The applicant states the following:
"...The WCP in many ways mirrors the goals and policies of
the Statewide Goals and Guidelines, and for all of the same
reasons, this application complies.
Looking primarily at WCP Chapter IX (Goals and Policies)
together with the BLI dated February 7,2000 the most relevant
language applies to the Commercial and Industrial sections.
Policies on Residential lands and housing don't apply as the
subject property is not suitable for residential use in either a
commercial or industrial designation and the land itself is
CPA 04-02, ZC 04-03, CU 04-' 0, DR 05-03 & SDR 06-06
PJge 10
.., ......
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 will be reviewed by staff, the Woodburn
Planning Commission and the City Council. At least two public
hearings will be 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 will be allowed to do so. Adequate
citizen involvement is 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.
CPA 04-02, ZC C4 03, CU 04.-10, DR 05-03 & SDR 06-06
Page 11
l'
The WCP sections on industrial and commercial land uses
indicate a desire to focus this type of growth in the areas
where these uses currently exist. The WCP identifies several
such areas, and obviously this southwest quadrant of the
freeway interchange is named, both for its commercial and
industrial uses. WCP sX. It is further recognized that this area
is a growing regional retail center, which is important to the City
to maintain and grow to provide and retain local jobs. WCP
SIV(A). The need to move away from the historic "bedroom"
community label is important and is stated throughout the
W CP. See WCP 91X, Policy L-11. One of the first Commercial
policies states the City should at all times have 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 9X(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
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 12
,; .......
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. 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
CPA 04-02, ZC 04 03, CU 04-10, DR 05-03 & SDR 06-06
P3ge 1 3
identified in the BLI and not rely on small in-fill sites like this
that can not be used for industrial purposes in the first place.
Moving this small amount of land, whose highest and best use
is for commercial uses, meets and complies with the
Commercial lands goals and policies of the WCP, and has no
adverse affect on the Industrial lands goals and policies.
This application satisfies the goals and policies stated in the
WCP, and as supplemented by the 2000 BLI..."
Staff concurs with the applicant's statement.
c. Sustains the balance of needed land uses within the
Woodburn Urban Growth Boundary.
STAFF COMMENT: The applicant states the following:
".. .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 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.. ."
Staff concur with the applicant's statement.
The applicant shall bear the responsibility for the burden of
proof.
ZONE CHANGE 04-03:
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
P3<]e 14
,. "".-
.'
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.
STAFF COMMENT: The applicant states the following:
" .. .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 BU. 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.
I n addition, there is a need for expansion of the Hillyer site in order for
that dealership to stay competitive in the marketplace, and to
adequate service the regional clientele that has built up over the
years. As previously mentioned, the Hillyer dealership is the smallest
land mass of any of the West Woodburn dealers. Hillyer's property
has a gross land mass of 5.11 acres, however approximately 1.5
acres of this site is a detention basin and not useable as part of the
dealership. That means the actual land in the dealership is just over
3.5 acres.
Compare this to the Chevrolet dealership across the street that has a
nice square lot configuration which is over 5 acres in size. That
dealership property started out as over 8 acres and after the
dedication of the Arney Road right of way, and not considering the
remnant tract on the opposite side of the road from the dealership.
Effectively, Hillyer is 30% smaller, which is a huge number in
competing businesses.
The Chrysler dealership property is 4.13 acres in size, and its lot
configuration while not perfect, is much more conducive to display of
cars than the Hillyer dealership. At 4.13 acres, the Chrysler
CPA 04-02, ZC 0403, CU 04-10, DR 05-03 & SDR 06-06
Page 1 5
dealership is about 15% larger in useable space, again a large
amount in the car business.
I n addition to pure size of useable land, both the Chevrolet and
Chrysler dealerships have display areas on multiple streets. The
Chevrolet store has display areas on Highway 219 and on Arney
Road, and storage and parking areas on Woodland Avenue and
Arney Road behind the building. The Chrysler store has frontage on
Arney Road and on the street between the dealership and the
Woodburn Company Store mall. Both the Chevrolet and Chrysler
stores have direct access onto the street they face. Hillyer on the
other hand has limited display area on Highway 219 (but does have
freeway frontage some of which is obstructed from southbound traffic)
and no direct access to the street from his display area. In order for
customers to reach the Hillyer store, they have to go all the way to
Woodland, turn onto Woodland, then turn onto Hillyer Lane and travel
that local street to get back to the store and the display areas.
By approving this zone change, it puts the Ford store back on an even
footing with the other dealerships. There will be additional display
area along Highway 219, which will make more sense for the access
to come via Woodland Avenue than is currently the case, and Hillyer
Lane will then become essentially a direct access to the dealership.
In addition, adding 3.249 acres to the 3.5 current useable acres gives
Hillyer 6.7 acres of useable space, which will help it remain a vigorous
business.
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 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.
CPA 04-02, ZC 04--03, CU 04-10, DR 05-03 & SDR 06-06 Page 16
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 WDO 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..."
Staff note that if the zone change is approved, then design 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 ofthe 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.
STAFF COMMENT: The applicant states the following:
".. .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. WDO
CPA 04-02, ZC 0403, CU 04-10, DR 05-03 & SDR 06-06
P3'Je 17
~5.104.04(C)(2). 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 #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.
CONDITIONAL USE 04-10:
WOODBURN DEVELOPMENT ORDINANCE
CPA 04-02, ZC 04-03. CU 04-10, DR 05-03 & SDR 06-06 Page 18
..~..,.. .'
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
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 WOO may be imposed without a concurrent
variance. Conditions that decrease the minimum standards of a
WOO development standard require a concurrent variance.
B. Criteria.
1. The proposed use shall be permitted as a conditional use within
the zoning district.
STAFF COMMENT: The applicant is proposing an automobile sales
lot on tax lots #106 and #107. Conditional use approval is required
for motor vehicle 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.
STAFF COMMENT: 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.
ST AFF COMMENT: 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;
CPA 0402, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 19
STAFF COMMENT: 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 auto display lot and tax lot #106 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 excellent visibility
from the surrounding rights of way. The subject sites' location
adjacent to Newberg Highway, classified as a major arterial in the
Woodburn Transportation System Plan, will provide for good
circulation from the site to other areas in the City.
b. The capacity of public water, sewerage, drainage, street
and pedestrian facilities serving the proposed use;
STAFF COMMENT: The applicant states the following:
" '" This display lot requires no new public facilities construction
or easements. Since no buildings are being proposed, the
expansion will require little in the way of infrastructure beyond
storm drainage for the new paved display areas. Storm water
drainage is already provided by a large detention basin located
on Tax Lot 100 to the southwest, and by a detention basin on
the Hillyer property. There are storm drain lines both in Hillyer
Lane and in Woodland Avenue, which together with the
detention basins, provide sufficient capacity to account for
needed storm drainage on the subject property. WOO Section
3.-102.03(A) requires public streets abutting the development
to be illuminated with street lights installed to city and public
utility standards. All public streets bordering this application
have already been constructed and provide street lights..."
The Public Works Department commented that the existing
storm sewer system within Hillyer Lane is an OOOT facility.
Permits will be required to be obtained from OOOT for
connection from them. An on-site detention facility will be
required to be provided in accordance with the Storm Water
Management Plan. A hydraulic analysis will be required to be
provided to the Public Works Department for review and
approval.
The existing sanitary sewer main within South Woodland Avenue
can provide wastewater seNice to the development. Service
CPA 04-02, ZC 0403, CU 04-10, DR 05-03 & SDR 06-06
Page 20
" ....
...'
lines shall 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 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;
STAFF COMMENT: 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;
STAFF COMMENT: The applicant states "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)...n 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;
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
Page 21
.",
..
ST AFF COMMENT: The applicant states that the ".. .hours of
operation will follow the open hours of the existing dealership
which has not been a problem..." The proposed hours of
operation are consistent with a commercial use and will not
negatively impact the surrounding commercial and industrial
uses.
4. Air quality;
ST AFF COMMENT: The applicant states".. .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
ST AFF COMMENT: The applicant states "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 shurbs.
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 screen 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.
STAFF COMMENT: The applicant states the following:
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 P3'Je 22
,. ,.... .'
"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 219..."
Newberg Highway (boundary street) abuts the north side of
tax lot #106, Woodland Avenue (boundary street) abuts the
west side of tax lot #106 and Hillyer Lane (boundary street)
abuts the south side of tax lot #106 and the north side of tax
lot #107. An access permit from the City of Woodburn is not
required for the proposed accesses on Hillyer Drive for the
proposed project because Hillyer Lane is under the
jurisdiction of the Oregon Department of Transportation
(ODOT) and will be subject to the requirements of OAR 734-
051. Newberg Highway is also under the jurisdiction of
ODOT so it will be subject to the requirements of OAR 734-
051.
South Woodland Avenue currently provides a gO-foot right of
way and 44 foot curbed improved surface with sidewalks on
both sides of the street. Street improvements to Woodland
Avenue were not triggered as part of the partitions that created
tax lots #106 and #107. Street improvements will not be
triggered at this time due to the subject properties being bound
by the requirements of the precedent land use decisions per
CPA 04--02, ZC 0-1-03, CU 04-10, OR 05-03 & SDR 06-06 Page 23
.'....
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
STAFF COMMENT: 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.
STAFF COMMENT: 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.
Design 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.
STAFF COMMENT: 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.
CPA 0.~-02, ZC 04-03, CU 04-' 0, DR 05-03 & SDR 06-06
P3ge 24
." ......'1
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.
STAFF COMMENT: 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.
STAFF COMMENT: 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.
STAFF COMMENT: Tax lot #106 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 65 feet (50 feet
CPA 0402, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 25
plus the required 15 foot front yard setback) is 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 #107 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 setback 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.
STAFF COMMENT: 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.
STAFF COMMENT: 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.
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 26
.' ......., '.'
STAFF COMMENT: Vehicular Access is discussed in Section 3.104
of this report.
2. Interior Side and Rear Yard Setbacks.
a. Development in a CG zone shall be subject to the setback and
buffer requirements of Table 2.1.11.
TABLE 2.1.11 Interior Yard and Buffer Standards for CG Zones
Abutting Property Landscaping Wall Interior Setback
RS, R1 S, or RM There is no buffer Solid brick or 10 ft.
zone yard landscaping architectural wall
requirement for an with anti-graffiti
interior yard surface,noless
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
Design Review -------------------------
process.
Alternative B:
-------------------------
Zero setback
Alternative B: abutting a building
wall.
No wall required.
STAFF COMMENT: Tax lot #1 06 is surrounded by streets. Thus, the
front yard setback requirement and not 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 #107 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
CPA 0402, ZC 0403, CU 04-10, DR 05-03 & SDR 06-06
Page 27
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 #1 07 because the proposed commercial development
and abutting commercial and industrial uses are compatible and will
not require a buffer wall to be constructed to mitigate visual or noise
impacts. The applicant proposes a chain link fence with white slats 6
feet in height along the west and south property lines of tax lot #107
to screen the south and west property lines of tax lot #107 from the
abutting industrial use.
b. The minimum building setback from a private access
easement shall be 5 feet.
STAFF COMMENT: 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.
ST AFF COMMENT: Compliance with off street parking requirements is discussed
in Section 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.
STAFF COMMENT: Compliance with Section 3.101 and Section 3.106 is
discussed later in this report.
CPA 04-02, ZC 04.-03, CU 04-' 0, DR 05-03 & SDR 06-06
Pa<Je 28
" """"I
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.
STAFF COMMENT: 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.
STAFF COMMENT: The current development is proposed on tax lot #106 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
public street system in compliance with Section 3.104.
STAFF COMMENT: 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.
STAFF COMMENT: Newberg Highway (boundary street) abuts the north side of
tax lot #106, Woodland Avenue (boundary street) abuts the west side of tax lot
#106 and Hillyer Lane (boundary street) abuts the south side of tax lot #106 and
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 P.:Jge 29
the north side of tax lot #107. An access permit from the City of Woodburn is not
required for the proposed accesses on Hillyer Lane for the proposed project
because Hillyer Lane is under the jurisdiction of the Oregon Department of
Transportation (ODOT) and will be subject to the requirements of OAR 734-051.
Newberg Highway is also under the jurisdiction of ODOT so it will be subject to
the requirements of OAR 734-051.
South Woodland Avenue currently provides a gO-foot right of way and 44 foot
curbed improved surface with sidewalks on both sides of the street. Street
improvements to Woodland Avenue were not triggered as part of the partitions
that created tax lots #106 and #107. Street improvements will not be triggered at
this time due to the subject properties being bound by the requirements of the
precedent land use decisions per section 3.104.01.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.
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.
STAFF COMMENT: The Public Works Department commented that the existing
storm sewer system within Hillyer Lane is an OOOT facility. Permits will be
required to be obtained from OOOT for connection from them. An on-site
detention facility will be required to be provided in accordance with the Storm
Water Management Plan. A hydraulic analysis will be required to be provided to
the Public Works Department for review and approval.
The existing sanitary sewer main within South Woodland Avenue can provide
wastewater service to the development. Service lines shall 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
CPA 0402, ZC 04--03, CU 04--' 0, OR 05-03 & SDR 06-06
P3ge 30
.' .-'
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.
STAFF COMMENT: 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.
STAFF COMMENT: 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.
STAFF COMMENT: 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.
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
CPA 0402. ZC 04--03, CU 04-10, DR 05-03 & SDR 06-06 Page 31
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.
STAFF COMMENT: 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.
ST AFF COMMENT: 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.
STAFF COMMENT: 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 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.
CPA 04-02, ZC 04-03. CU 04-' 0, DR 05-03 & SOR 06-06
P3ge 32
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.
STAFF COMMENT: 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 on tax lots
#106 and #107 that connects to the proposed driveway accesses. This
criterion is met.
Section 3.105 Off Street Parking and Loading
Section 3.105.01 Applicability
The provisions of this Section shall apply to the following types of
development:
A. New Building or Structure.
CPA 0402, lC 0403, CU 04-10, OR 05-03 & SDR 06-06
PJQe 33
All requirements and standards of Section 3.105 shall apply to any new
building or structure erected after the effective date of the WDO.
ST AFF COMMENT: 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.
STAFF COMMENT: 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 #106 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 I
2,000 square feet on tax lot #107 which requires 37 off-street parking
spaces. Thirty seven (37) off-street parking spaces are proposed on tax lot
#107 which meets the 37 parking space requirement. This approval criterion
is met.
3. The number of disabled person vehicle parking spaces shall be
provided to the standards of the state Building Code and
applicable federal standards. The number of disabled person
vehicle parking spaces shall be included as part oftotal required
vehicle parking spaces.
S1 AFF COMMENT: 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 #106 to meet the 1 disabled vehicle parking space
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 #107 to meet the 2 disabled
vehicle parking space requirement on tax lot #107. This criterion is met.
F. Compact Vehicle Parking.
A maximum of 20 percent of the required vehicle parking spaces may
be satisfied by compact vehicle parking spaces.
CPA 04-02, ZC 04--03, CU 04-' 0, DR 05-03 & SDR 06-06 Page 34
STAFF COMMENT: 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.
STAFF COMMENT: 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.
STAFF COMMENT: 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.
STAFF COMMENT: 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.
ST AFF COMMENT: Bumper guards are not required for the proposed
parking spaces on tax lot #106 because vehicles will not project over
'Nalkways, accessways or abutting property or right of way. No buildings are
CPA 0402, ZC C403, CU 04-' 0, DR 05-03 & SDR 06-06 Page 35
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.
ST AFF COMMENT: 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 gO-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 requirements for standard gO-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.
STAFF COMMENT: 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.
STAFF COMMENT: The submitted site plan shows two-way directional
markings within the proposed off street parking and circulation area. This
criterion is met.
6. Space Marking. EXCEPT for vehicle parking areas for single
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 36
'" ....."
family and duplex dwetlings, off street parking spaces shall be
delineated by double parallel lines on each side of a space. The
total width of the tines shall delineate a separation of 2 feet.
STAFF COMMENT: Double parallel lines 2 feet in width delineate each of
the required off street parking spaces 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.
STAFF COMMENT: The applicant states "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.
ST AFF COMMENT: 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.
STAFF COMMENT: 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
CPA 04-02, ZC 04-03, CU 04-' 0, DR 05-03 & SDR 06-06
Page 37
The provisions of this section shall apply:
B. To the site area for all new structures and related parking EXCLUDING
single-family and duplex dwellings and accessory structures; and
STAFF COMMENT: 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.
STAFF COMMENT: The applicant has submitted landscaping and irrigation plans 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.
STAFF COMMENT: 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.
STAFF COMMENT: This requirement is a condition of approval for all landscaping
located on the subject site.
Section 3.106.03 Landscaping Standards
A. Streetscape.
CPA 04-02, ZC 04-03, CU 04-' 0, DR 05-03 & SDR 06-06 Page 38
;, ... "I
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.
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.
ST AFF COMMENT: The applicant proposes 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.
STAFF COMMENT: The required front yard landscaping for tax lot #106 is
843 plant units (16,871 square feet of yard area 120 square feet). The
applicant is proposing a combination of lawn, trees and shrubs in the front
yard per the submitted planting plan that total 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
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 39
... ..
paved and which may be used for parking or site access and vehicular
circu lation.
STAFF COMMENT: 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
#107 (the proposed auto display) and the properties adjacent to the east,
west and south sides of tax lot #107 because the adjacent uses (auto
dealership and 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.
ST AFF COMMENT: 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.
5T AFF COMMENT: 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 #106 and the north property line of tax lot #1 07 which
meets the 5 large tree requirement.
Section ~.10S.05 Planting Standards
A. Distribution of Plant Materials.
CPA 04-02, ZC 04-03, CU 04-' 0, DR 05-03 & SDR 06-06 Page 40
.. '........ """
The required number of plant units shall be met by a combination of
plant materials listed in Table 3.1.5, so that eighty (80) percent of the
area to be landscaped is covered within three years. Required plant
units need not be allocated uniformly through out specified
landscaping areas, but may be grouped for visual effect.
STAFF COMMENT: 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.
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.
STAFF COMMENT: The applicant notes on the submitted planting plan that bark
mulch will be placed around the shrubs. This criterion is met.
C. Curbs.
A six-inch concrete curb shall be provided between a landscaped area
and a parking area or access way.
STAFF COMMENT: 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, R1S, 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, R1 S, RM, CO, CG and P
zones.
ST AFF COMMENT: 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.
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 41
Section 3.110 Signs
Section 3.110.04
Sign Permit Required
A. A sign permit is required to erect, replace, construct, relocate, Of alter a
sign, unless such sign or action is exempt under Section 3.110.11...
ST AFF COMMENT: 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.
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 undef
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.
STAFF COMMENT: 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.
STAFF COMMENT: 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
CPA 04-02, ZC 04-03, CU 04-' 0, DR 05-03 & SDR 06-06 Page 42
..,.""", .'
five feet from any boundary property line.
ST AFF COMMENT: 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" Sign Applications
A. Each sign should be designed to be consistent with the architectural
style of the main building or buildings upon the site.
STAFF COMMENT: No buildings are proposed on the subject properties. This
design guideline is not applicable.
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.
STAFF COMMENT: 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.
STAFF COMMENT: The applicant proposes 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 include a dark blue blackground, 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.
5T AFF COMMENT: 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
CPA 04-02, ZC 04-03, CU 04-'0, DR 05-03 & SDR 06-06 Page 43
subsection (D) above. The total width of pole covers should be at least
30 percent of the sign display width.
STAFF COMMENT: 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.
STAFF COMMENT: The proposed pole signs have a single cabinet. This design
guideline is 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.
STAFF COMMENT: 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
#106 is oriented toward Newberg Highway. Tax lot #1 06 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.
Th~ 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
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06 Page 44
... '*'WI'
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.
STAFF COMMENT: 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 5.102.02 Design Review for All Structures lESS THAN 1000 Sq. Ft.
C. Criteria. The applicable guidelines and standards of Section 3.1. shall
apply and other applicable sections of the WDO.
STAFF COMMENT: 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.
VI. CONCLUSION AND RECOMMENDATION:
Based on the information in this report, the information provided by the applicant
and the applicable review criteria, findings required 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 can be made. Staff recommends
approval of Comprehensive Plan Map Amendment 04-02, Zone Change 04-03,
Conditional Use 04-10, Design Review 05-03 and Sign Design Review 06-06,
subject to the following conditions of approval:
COMMUNITY DEVELOPMENT DEPARTMENT:
CONDITIONAL USE 04.10, OESIGN 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 S, Irrigation Plan pages L 1.2 & L 1.28 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.
CPA 04-02, ZC 04-03, CU 04-' O. DR 05-03 & SDR 06-06
Page 45
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 p\an 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 instal\ation so as to attain
80% of ground coverage within 3 years.
6. The property owner shall be responsible for maintaining al\ \andscaping in good
condition so as to present a healthy and orderly appearance. Unhealthy and
dead plants shall be removed and rep\aced in conformance with the original
landscape plan.
7. The property owner/applicant shall submit to the Community Deve\opment
Department a signed "Acceptance of Conditions" agreeing to all conditions of
approval prior to the issuance of building permits for the project.
PUBLIC WORKS
GENERAL CON DITIONS:
8. Final plans shall conform to the construction p\an 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 andlor 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.
CPA 04-02, ZC 04-03, CU 04-10, DR 05-03 & SDR 06-06
P3ge 46
" ".....!
13.South Woodland Avenue, the Boundary Street, currently provides a gO-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 ODOr for connection from them. On-site
detention shall be provided in accordance with the Storm Water Management
Plan. Hydraulic analysis shall be provided to the Public Works Department
for review and approval.
15.The storm water SDC shall be paid prior to construction of the new imperious
surface.
SAN IT ARY 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
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.
CPA 04-02, ZC 04-03, CU 04-' 0, DR 05-03 & SDR 06-06
Page 47
20.Fire protection requirements shall comply with the Woodburn Fire District's
standards and requirements.
VII. ATTACHMENTS:
Exhibit "A"
Exhibit "B"
Attachment" A"
Attachment "8"
Attachment "e"
Attachment "0"
Attachment "E"
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
pages L 1.1 & L 1.1 B, Irrigation Plan pages L 1.2 & L 1.28 date
stamped March 7, 2006 and Sign Design Plan and Elevation
date stamped May 31, 2006.
Comprehensive Plan, Zone Change, Conditional Use, Design
Review and Sign Design Review applications
Zone Map
Comprehensive Plan Map
Assessor Map
Public Works Department comments
Fire District comments
CPA 04-02, ZC 04-03, CU 04-' 0, DR 05-03 & SDR 06-06
PClge 48
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Exhibit "B" .
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WOODBURN
Community Development Department
270 Montgomery Street. Woodburn, Oregon 97071
Phone: 503-982-5246. Fax: 503-982-524"1. Website Address: wvvw.ci.woodburn.or.U5
UNIFORM APPLICATION
General Information:
Project location: 1 n () W"I""\r! 1 rl nr! l!.'up Woodburl OR Q7o..7l
Property owner: Winco Food, Inc. Applicant: Wallace W. Lien
Address: 33"36 F 32nd St. , Ste 217 Address: 1775 32nd Place NF.. Ste A
Tul?a, OK 7413') Salem, OR 97303
Telephone&. Fax No.: Telephone & Fax No.:
E-mail Address: E-mail Address:
Comprehensive Plan Mal Desilnatlon: Industrial Site Aaeage: 3 : 5 5-~Wdl2C-l
Zone Map Designation: ,igh I.ndustn al Assessor's Map 8c. Tax Lot Nos~ S-2W-ll-l Of
Description of the proposal: r,ot Line AdiustmeI"t, Comprehensive Plan Map Change from
Industrial to Commercial, a Zone Chc3.nqe from IL to CG, and a Conditional Use t
allow Expansion of Hillyer's Mid-City Ford Dealership along Hi qh\-7ay 219
Frontaae of Hillyer Le.ne .
~Ques e eVlew:
1 0 ACCESS PERMIT TO CITY STREET 13 0 FORMAL INTERPRETATION OF THE WOO 2S 0 REVOCATION OF PREVIOUSLY APPROVED PERMI
20 ANNEXATION 140 MOP PREUMINARY APPROVAL 26 0 SWOD PERMIT
3 0 APPEAL TO CITY COUNOL 15 0 MOP FINAL PLAN APPROVAL 27 0 SPECIAL USE AS A CU
4 X1 COMP. PlAN MAP OiANGE 16 0 MODIfICATION OF CONOmONS 28 0 SUB. PREUMINARY APPROVAL
5 ~ CONDmONAL USE 170 PARTITION PREUMlNARY APPROVAL 29 0 SUB. FINAL PLAT APPROVAL
6 0 DESIGN REVIEW AS &. OUPLfl( llfSlOENTUl DWELUNGS 18 0 PARTITION ANAL PLAT APPROVAL 30 0 lRECOMMUHICATlON F"OlITY, SPfCFlC USE AS " OJ
7 0 DESIGN REVIEW 190 PHASING PLAN 310 TEMPORARY OUT[X)()R PERMIT
8 0 EXCE"TION TO ST. ROW &. IMPROVEMEI'fT REQ. 200 PUD PREUMINARY PLAN APPROVAL 320 TREE REMOVAL PERMIT
9 0 EXTENSION FOR A DEV. DEOSION 210 PUD DESIGN PLAN ANAL APPROVAL 33 0 VARIANCE
10 0 FENCE 8. FREE STANDING WALL Pll.E-<:CNST REV. 22 0 PUO FINAL PLAN APPROVAL 34 0 ZONING ADJUSTMENT
11 0 GRADING PERMIT 230/ LLA & CONSOUDATIOH OF LOTS 351Q ZONE CHANGE
1:2 0 HISTORIC OR ARCH. SIGNIFI. SITE,SPECIFIC CU 24 0 RS ARCH. STANDARDS SUBDIV. 36 0 OTHER:
tdR
A Iicant Certification:
I hereby declare that as applicant for thJs proposal. I have familiarized myself wiltl tile relevant previsions of the CJty of Woodburn OevelO{>ffient Ordinance;
and I ha;ve read the roregolnq applicati,OO and know ttle contents tX the application to be true to the best of IT1't. wledge (If( appIica~1S" not same as propert
C1M"ter, owner shall autMciz& applicant to req-esent hi~ Interest in the above referenced appllcatlol1 ," bel ,>/,. f- ?'-.....
Owner. ,. (, - . t ,-- --- Applicant: 7 /7.. (; ./ /l(~
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rl,nt Name: - ,', 1\ I... I ' J i' Print Name: I}) /t if/teE I (j t / .. t-tC)
.}.;; ll" f Date: 'C':(-' 2 I. 2-D6
Date:
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File No:
Related Files:
Date Received:
Fees Received:
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WOODBURN
I((;rpr;:d qq
Ccmmunity Development Department
2.70 Montgomery Street. Woodburn, Oregon 97071
Pr,cne: 503-982-5246. Fax: 503-982-5244 · Website Address: 'MVW.ci.woodburn.or.us
UNIFORM APPLICATION
General Information:
Project location: 30.0 W(")no1i=lnc1 A VP.. , Woodburn, OR 97071
Property owner: Leo and Reyn~ Hillyer Applicant: Wallace w" Lien
Address: 3000 New'herg Hwv Address:' 177 5 22nd ?lace NE. Ste 'A
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Wcodb\.lrn I OR 9707J Sa.lem, O~ 97303
Telephone & Fax No.: Telephone & Fax Nq.:
E-mail Address: E-mail Address:
Comprehensive Plan Maf peslgnation: Indu.strial Site Aaeage: 3 : 5 5-~W-12C-
nd
Zone Map Designation: l,ght: J:ndu;;t~J.al. Assessor's Map &. Tax Lot Nos: .t;-2W 11-1r,
Description of the proposal: Lot. !,ine Adiustmel1t, Comprehensive Plan MC\p Chancre from
Industrial to Commercial. a Zone Cha,nge from II, to CG, a..nd a Cond.Ltional-Gse-t
allow Expansion of Fillyer"s Mid';"City Ford Dealership along Hiqh~ray 219
Frontaae of Hillyer Le.ne.
P t d R
"ques e eVlew:
. 0 ACCESS PERMIT TO OTY STREET 13 0 FOR.MAL INTERPRETATION OF THE woo 25 0 REVOCATION OF PREVIOUSLY APPROVED PERr-
20 ANNEXATION 140 MOP PREliMINARY APPROVAL 26 0 SWOO PERMIT
-
3 0 APPEAL TO 01Y COUNQL 15 0 MOP FINAL PLAN APPROVAL 270 SPEOAl USE AS A CU
4 ~ COMPo PlAN MAP OiANGE 16 0 MODIFICATION OF CONOmONS 280 SUB. PREUMINARY APPROVAL
5 gI CONDmONAl USE 170 PARTITION PREliMINARY APPROVAL 290 SUB. FINAL PLAT APPROVAL
6 0 DESIGN REV1EW RS to DUP\.EJ( RESIDENTIAl OWEll.lHGS 18 0 PAR11T10N FINAL PLAT APPROVAL 30 0 Tl:l.fCOMMUNlCATIO/l FAaUT'l', Sl'fCIFlC USE AS A C.
7 0 DESIGN REVIEW 190 PHASING PLAN 31 0 TEMPORARY OUTDOOR PERMIT
a 0 EXCEPTlON TO ST. ROW &. IMPROVEMENT' REQ. 200 PUD PREliMINARY PLAN APPROVAL 320 TREE REMOVAL PERMIT
9 0 EXTENSION FOR A DEV. DEOSION 210 PUD DESIGN PLAN ANAL APPROVAL 33 0 V ARlANCE
10 0 FENCE: e. FREE STANDING WMl.. PRf-CCNST REV. 22 0 PUD FINAL PLAN APPROVAL 34 0 ZONING ADJUSTMENT
11 0 GRADING PERMIT 23 ~ LLA & CONSOlJDA nON OF LOTS 35;.Q ZONE CHANGE
12 (J HISTORIC OR AROi. SIGNIFI. SrT'E,SPEOFlC OJ 24 0 RS ARCH. STANDARDS SUBDIV. 36 0 OTHER:
A licant Certification:
1 hereby dedare that as applicant for tf1ls proposal, I have familiarized myself wltt'llhe relevant proloislons of the, Qty of WOOdbum~opment Ordinal'1Ce;
and [ have read the foregolng appll on and know tile contents at the application to be true to tne..be:st of knoY<1edge (lfappli I~ not same as propel
aHner. CJNf'Ier ~~~ t to ~t hiS/hef Int~ in \he above referenced a 11alt1bn I below)l \ ..
OWner., ~ ~ ~",y; " . t' ',I ," \ ./ . ,. I . cAppllcant: {//.! ( " I I. I
, .-: '/1' I I I '
; Name: .'.j J t I, I ( / .L " / ",~ " Print Name:
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Date:
Date:
,-
BEFORE THE CITY OF WOODBURN
In the Matter of the Application of )
LEO and REThE HILLYER and W~CO )
FOODS, INC. For a: )
)
Lot Line Adjustment, Comprehensive Plan )
~1ap Change from Industrial to Commercial, )
a Zone Change from IL to CO, and a Conditional )
C se to allow Expansion of Hillyer's Mid-City )
Ford Dealership along Highway 219 Frontage )
of Hillyer Lane. )
Case No.
APPLICANT'S STATEMENT
COMES NOW the Applicants by and through their attorney, Wallace W. Lien, of Wallace W. Lien,
P .C., and hereby submits the following narrative setting forth legal and factual justification for the
applications included herein.
I. Nature of the Application
This combined land use application covers the land use changes and permits necessary to allow the
expansion ofthe existing Hillyer's ~1id-City Ford car dealership onto the vacant ground to the west that is
currently surplus land owned by Wineo Foods, Inc.
The tirst application necessary is a lot line adjustment to move approximately 1.86 acres from Winco
ownership to Hillyer. This area is an irregular shaped unused remnant from Tax. Lot 100 south of Hillyer
Lane that runs approximately along the existing Winco fence line on Tax Lot 100. The area to be lot lined
is contiguous with the Hillyer ownership to the east. The Assessor Maps for this area, showing the relative
location of the subject properties are attached to this application as Exhibit ''C''. The approximate location
of the new lot line is identified on Exhibit uF", and shown on the aerial map at Exhibit "~l".
Once the lot lines are adjusted to add the 1.86 acres from Winco to Hillyer, this area together '....ith
T ax Lot 106 (\\ hich Hillyer is ,:l1so acquiring), nt.::eds to be properly Jesigmted and zoned to ..t\law expansion
uf the Jt.:akrship. T u do this an amenJment to the \Voodbum Cumprt.:h~nsivt.: Plan is necessary to change
the InJustrial designation to Commt.::rcial. followed by a zone change from light Industrial (IL) to
Puge 1 - ./pplica11l's Stat.:me/lt for Consolidated Lund U5e .1pplicatiull (Hill.va; Wit/co)
... .'
Commercial General (CO) which allows retail auto sales. After the proper plan and zone designations are
in place, a Conditional Use is necessary to allow the dealership to operate and ensure it is developed in
accordance with the development standards of the CO zone.
II. Background Information
The Winco ownership includes Tax Lots 106, which is 1.389 acres and Tax Lot 100, which is a little
over 82 acres in size. Tax Lot 106, and the 1.86 acres on the north eastern tip of Tax Lot 100 are currently
vacant and have been declared surplus by Winco. Winco uses its Woodburn location for regional
warehousing, has essentially built out its complete operation on Tax Lot 100, and does not need, and because
of its small size and shape and the position of Hillyer Lane which was constructed in 2002 by ODOT, can
not utilize this remaining acreage in its existing operation. The area used by Winco is fenced, and the
unfenced area will the land taken over by Hillyer in addition to Tax Lot 106.
The Winco ownership is contiguous to the Hillyer ownership along their entire western boundary.
Hillyer Lane was constructed as a part ofthe improvement to the Woodburn Interchange to 1-5, in order to
eliminate the direct access of Hillyer onto Highway 219, which had existed for years even before the car
dealership was constructed, but which was deemed to be too close to the southbound on-ramp. Hillyer now
relies solely and exclusively on Hillyer Lane for access to their property. The location and layout of Hillyer
Lane by OOOT was designed \\lith the idea in mind that this area would be used as an expansion of the car
dealership, even to the point of curving the road to match up with an existing planned access point in the
dealership site plan, not to mention the naming of the street.
Winco has agreed to sell Tax Lot 106 and the 1.86 acre vacant portion of Tax Lot 100 to Hillyer,
p~nding resolution of these applications. Hillyer plans to ~xpand its new car dealership onto the subject
property as identitied in the site plan attached h~rcto as Exhibit "J". ~o new buildings are being proposed
for the expansion area. The new ground will be paved. light..:d and landscaped and will provide much
needed ne\\ parking for car inventory for Hillyer's \(id-City Ford. Access to the expansion area \vill come
from Hillyer Lme.
Page] - ApplicLl/lt's Statement for Consolidated Land Cse Application I Hil(ver/Winco)
- .'
The subject property is located in West W oodbum, and is bordered by Hillyer to the east, Winco to
the south, Woodland Avenue and HWl hardware warehouse outlet to the west and Highway 219 to the north.
Across Highway 219 is the ~1iles Chevrolet new car dealership. The surrounding area includes the 1-5
freeway to the west, gas station, motel, fast food and sit down restaurants, ~'1iles Chrysler new car dealership
and the Woodburn Company Stores retail factory outlet mall. There is a church to the west and a single
family residential subdivision to the northwest.
The Hillyer ownership, as well as the land across Highway 219 to the north and across the freeway
to the east are all designated Commercial in the Woodburn Comprehensive Plan and is zoned Commercial
General (CG), which is what is being requested here. The Winco and HWI ownerships are designated
Industrial in the Woodburn Comprehensive Plan and are zoned Light Industrial (lL). The subdivision to the
northwest is designated and zoned for single family residential use. A copy of the area comprehensive plan
and zone maps are attached hereto as Exhibits "H" and "l".
The subject property is flat and has no identified landslide hazards, and no wetlands or flood plains
are present. The street system is fully developed with Highway 219, Woodland Avenue and Hillyer Lane
heing recently reconstructed. There is a signalized intersection at Highway 219 and W oodland Avenue
which regulates traffic onto Woodland 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
deakrship, but will increase the retention and sales to those customers who do visit by the provision of
additional vehicle options and immediate deli very of cars that are in stock at the dealership. While there \\ ill
no doubt be some slight increased trattie to the dealership, it is predicted to be negligible in comparison to
the ~xisting traffic on High\\iay 219 and \Voodland, and that which is currently using these streets for access
to the dealership. High\\ay 219 has nev..ly constructed sidewalks on the trontage of the subject property.
Hillyer Lme has siJc\valks along its northern boundary all the way to the existing Hillyer O\vnership and
then loops back to connect into the siJc\valk on I Iighway 219. See the stred byout on the Assessor \- lap
Page 3 - ./pplinmt 's .')'taII!Jl1l!nt for ClJl/.wlidated Land Use Application (Hi/(vl!r/ Willco)
"
(Exhibit "C") and on the proposed Site Plan (Exhibit "J") and in several of the photographs attached as
Exhi bit '"L".
Storm water drainage is provided for in this area by a large detention basin that is located on Tax Lot
100 to the southwest of the area being proposed for lot line adjustment here, and by a detention basin on the
Hillyer property. There are storm drain lines both in Hillyer Lane and in W oodland Avenue, which together
with the detention basins provides sufficient capacity to account for needed storm drainage on the subject
property. There are adequate other public infrastructure to service the site. Since no buildings are being
proposed, the expansion will require little in the way of infrastructure beyond storm drainage for the new
paved display areas.
Throughout the process of approval of the Winco siting process, and subsequently during the siting
of the Hillyer dealership, it has always been recognized that the area along the Highway 219 frontage would
be most appropriate for commercial purposes rather than industrial purposes. This was made even more
apparent when ODOT constructed Hillyer Lane and bisected the frontage leaving only a very small (1.389
acre) remnant (Tax Lot 106). Winco has recognized this frontage property is not suitable for industrial
purposes and has not utilized it in its existing operation. The small size of Tax Lot 106 and its odd shape
make it impractical for industrial use, but because of its highway frontage it becomes ideal for commercial
uses. The same is true for the area south of Hillyer Lane. Commercial uses predominate in this area, and
the prevalence of new car dealerships indicates that such uses can be maintained in this area without impact
on the surrounding area..
III. Lot Line Adjustment Application
This Lot Line A.djustmcnt involves moving an area of approximately 1.86 acres from Ta.x Lot 100,
on \lap 052Wll to Tax Lot 1100 on \.1ap 052WIZC. The areas to be lot line adjusted share a common
boundary for a distance of approximatdy 300', The shape of the property to he adjusted is dictated by the
Winco t~ncc tine \vhi\:h ddineatcs its use from the surplus property to the north. South of the fence line
Winco utilizes its tral..:t for its trucking and v.;archouse operations. ~orth of the t~nce line is vacant and
Page ~ - .Ippl icunt '5 Statement for Consolidated Lalld C~e Application (HiI(ver! WineD)
...
unused, Winco's operations are built out and the tract is a remnant that has no usefulness to Winco. The
small size and irregular shape of the remnant, together with its location make it basically unuseable for
industrial uses, but ideal for commercial uses, especially to be integrated into the adjoining car dealership.
See aerial view on Exhibit "\-1".
The Lot Line Adjustment map is included here as Exhibit "F" and demonstrates the movement of
a 300' section of the western boundary of the Hillyer tract can be moved to make a "lazy L" lot line
connecting back into Hillyer Lane to move the approximately 1.86 acres of unused ground from Winco to
Hillyer. Also included is a copy of Partitioning Plat No. 2003-33 which created Tax Lot 106, and which
specifies the survey calls for that parcel, and for the Hillyer Lane right of way. Exhibit "G",
Property Line Adjustments are relatively simple and straight forward applications. No new parcels
are created, and the boundary shifts generally accommodate the best practical use of the land. Two adjoining
property owners get together and orchestrate the boundary move to best utilize the land for each of their own
purposes. Here Winco has surplus property it has no use for and could not use in any event, and Hillyer has
a need for additional storage and display area for his Ford dealership, A perfect match.
The purpose of controlling property line adjustments in the City is to assure the movement of existing
property boundaries complies with the definition of a property line adjustment in 0 RS Chapter 92; satisfies
the mapping and conveyance procedures in ORS Chapter 209; and ensures that utility easements in the
affected area are properly taken into account. Woodburn Development Ordinance (WDO) S5.101.07(A).
This application meets and satisfies each of these purposes, This lot line adjustment is the relocation
of a common boundary bet....vecn the \Vincu and Hillyer ownerships. 010 new unit ofland is created, and both
affected tracts continu~ to met:! the minimum lot standards in the applicable zones, and otherwise comply
\" ith the WDO. The Winco site was 82.13 acres in size before the proposed adjustment and will be 80.27
;Jeres ;Jfter the propos~J adjustment. [he Hilly~r site was 5.11 acres in size before the proposed adjustment.
,md ...."ill be 6.97 J.cres after the proposed adjustment. ORS 92.010(7)(b) and ORS 92.010( 11).
ORS 209 relates to SUf\cyors and the process by ...."hich property line adjustment maps are made and
Pug/! j - . JpplicLllIt 's Stutt!lIlent for Consolidated Lund use Application (Hill.wrJ Willl':o)
,fl' ':1
recorded and the appropriate conveyancing of the tracts after adjustment The applicants here will produce
an appropriate surveyed plat map upon approval of this application, which will follow all the procedures in
ORS 209. Conditions of approval routindy are applied to lot line cases to ensure compliance with these
procedures.
Attached hereto is the tiling fee for this application, together with a Plot Plan for the lot line
adjustment (Exhibit "F"), and copies of the existing deeds to the two involved properties which comph:tes
the application requirements of WDO S5.101.07(B). Exhibit "0".
This application meets the approval criteria stated in WDO S5.1 01.07(C). The lot area. depth, width,
frontage, building setbacks, vehicular access and lot coverage for both tracts comply with all the
development standards of the WDO. This application complies with WDO 95.10 1.07(C)( 1).
The existing land use and development on the two affected properties complies in all respects with
the requirements of prior land use actions on the tracts. Tax Lot 100 has been the subject of considerable
review in the siting and development of the Winco operation. In addition, a recent partitioning created Tax
Lot 106 from Tax Lot 100 when Hillyer Lane was constructed. See Partitioning Plat 2003-033 included here
as Exhibit "G". There is nothing in either of these prior land use approvals that affects this lot line
adjustment.
Similarly, the Hillyer parcel was the subject of considerable land use review at the time its new car
dealership was approved. See Ordinance No. 2167 dated April 4, 1996. There is nothing in that Ordinance
that atfects this lot line adjustment. In the Hillyer approval, this lot line adjustment was actually
,:ontemplated, as ODOT had put all the parties on notice of the future intent to close off Hillyer's direct
~cc~ss to lIigh\\JY 219 in favor ofthl: Hillyer Lane access uffWoodland as a part of the frcev.ay inh.:rchang~
improvements. [he site plan approved back in 1996 actually was designed for internal circulation keeping
in mind th~ (hange uf ~cccss th~t \\as to come in 2003. This ..lpplication complies with \VDO
~5.l() 1.1)-:'( C )(:::).
rhe (um:nt occupancy tor the I Iillycr tract is commercial general \\lith a ne\\i car deakrship and
P"ge 6 - _lppliul1Il 's Slulel11elll lor ('onsolidLlleJ Lalld (/st! Application I Hi/(vt!rl Wi,KO)
- ...'
rdated facilities constructed thereon. This development fully complies with all state building code and tire
code regulations. The addition of pavement, lighting and landscaping for additional storage and display of
cars for sale does not change those requirements, and compliance remains. ,The same is true for the Wineo
development, which is an industrial warehouse distribution center with accessory trucking facility. It was
fully constructed and approved to be in compliance with state building and tire codes. No changes are
proposed for the Wineo property, therefore no further review is necessary. This application complies with
WOO g5.101.07(C)(3).
Upon approval of this lot line adjustment, the final approved lot lines will be surveyed and
monumented to the requirements of the ORS, and the final survey map will be certified and recorded with
the Marion County Surveyor. The applicants agree to provide proof of a recorded survey in compliance with
the adjustment to the City prior to the issuance of any building or other permits that rely on the property line
adjustment. This application complies with WDO S5.101.07(C)(4).
A preliminary review of title does not indicate any utilities exist in the 1.86 acre area being lot line
adjusted here. There also does not appear to be any easements that will be affected by this boundary line
shift. At closing, a title report will officially disclose the condition of title, and if any utility or other
easements are found to exist, they will not be affected by the transfer in ownership, but will be assumed by
Hillyer and will remain running with the land.
This minor lot line adjustment to move the surplus vacant 1.86 acres from Winco to Hillyer to be
used in the expansion of their new car dealership complies with all the procedural and substantive
requirements for a boundary line adjustment and should be approved subject only to conditions relating to
complianc~ \\ith surv\.:Y requirements.
IV. Comprehensive Plan ~Iap Change
Once the lot line adjustment is made mo\ ing the 1.86 acre remnant from Winco to Hilher. that area.
log..:tha with the 1.389 acres \\ohich is L1X Lot 106 (and \\hich is also being purchased by Hillyer from
Wincol. has to be properly designated in the \Voodbum Cl)mprchensiw Plan (WCP) for commercial use
Pelg\! -: - Applictmt 's Statemt!nt lor COl1solidated Lund CSt! Application (Hillyer, Wi/lco)
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to allow expansion of the new car dealership. The area involved here is currently designated Industrial,
which does not allow acar dealership. Car dealerships are traditionally designated Commercial in the WCp,
as is shown by the Commercial designation across the street on the Miles Chevrolet dealership, and up
Arney Road at the ;.,.liles Chrysler dealership, and at other locations in the City. This application is to amend
the WCP for approximately 3.249 acres ofIndustrial designated land to a Commercial designation.
Criteria set forth in Woodburn Development Ordinance (WDO) 5.104.02(C) for an owner-initiated
comprehensive plan map change include the requirement that an applicant either show the current
Comprehensive Plan Map is in error, or that there has been a change in the community sufficient to warrant
the proposed change; and the change complies with the Statewide Planning Goals and Oregon
Administrative Rules, the WCP goals and policies and sustains the balance of needed land uses within the
Woodburn Urban Growth Boundary. Each ofthese criteria are met by this application.
A. WCP Mapping Error
The applicant believes the WCP designation for the subject area was at least philosophically mapped
in error, but does not rely on this alternative for its justification. 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 ~nd industrial user would not occupy the entire site, particularly the
northerly pan-handle. This became more and more a factor as OOOT began its process of improvements
to the 1-5 interchange and constructed Hillyer Lane in order to close otIHillyer' s direct access onto Highway
219. As it turned out \Vinco did not need and could not use the entire site in conjunction with the industrial
us\:. In addition, th~ highest and best use for the pan-handl~ remnant tract of Winco property is k)[
..:ommacial ust: because of the street frontage and adjacent uses. Therefore at least in a certain sense, it has
historically been anticipatc.:d that some or all of the pan-handle ofTilx Lot 100 (which originally inch.llkJ
[ax L)t 1 (6) \\l)ulJ be llsed for commercial Jnd not industrial llses, a situation \\0 hich in fact came intI)
cxisknce. In this sense perhaps the mapping was in error at least philosophically, if not practically.
Page 8 - .1pplicant's Statemt:l1t for Consolidated Lalld Cst! .1ppIiL'ution (Hil(v~r Winco)
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B. Changes in the Community Warrant tbe Proposed Change
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
recontigured. 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 ob"iously
some n~c.:ssary realignment and re-allocation of land \'iithin the \VCP and \VDO to accommodate this
gro\\1h and progress. Here we are looking at \\hat is the highest and best use of this 3.2~9 acres ofland on
Highway :219. This tract is too small and too irregular in shape to be used for industrial purposes. ~ote thelt
the cast p0l1ion ~)f T LlX L.)t 106 is only 31' wide. \\ hich extends in that narrow width for a good one third \,) f
tht: length of th~ ~ntire site. The s\\ceping naturt: of the curve on HiHyt:r lane makt: conventional building
Ptlge <) - . LpplicaJlt 's Statement for Consolidated Land Use Application (Hillyer' Wincoj
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almost impossible. The presence of Hillyer Lane running through the middle of the vacant land further
renders this site usdess 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 highest
and best use of this area is foc commercial purposes and not for industrial purposes.
Hillyer is a long time member of the Woodburn business community. From his beginnings at a lot
downtown, to his development of the new dealership at the freeway, he has been a positive member of the
community. The Hillyer family is generous with their time and money giving back to the city. A prime
example is their scholarship program for high school students. See Exhibit "K". Hillyer's Mid-City Ford
employs dozens oflocal citizens and pays them a good family wage rate. The dealership provides a positive
int1uence on the community, and together with the Miles dealerships (Chevrolet and Chrysler - which was
recently taken over from Ward Hershberger) creates a regional pull for automobile purchasers. By coming
to Woodburn, with easy on and off freeway access, a customer can see new Fords, Chevrolets, Chryslers,
Dodges and Jeeps, as well as a strong complement of good quality used cars of all makes and models. The
regional draw extends to Salem, Keizer, Silverton, Mt. Angel, Gervais, Donald, Aurora, Wilsonville,
Shenvood, St. Paul, Scotts Mills, Hubbard, Aumsville, Turner, Stayton and Sublimity, not to mention the
Portland Nktro area, which is only 30 minutes north by freeway.
The new car dealerships are enhanced by the factory outlet mall, which is one of the best in the
Pacitic ~orthwe5t. The high traffic count puts an abundance of customers right by the display areas for these
car dealerships, and a110\\5 a regional customer to shop for cars at the same time they visit the Woodburn
Company Stores. [t is no surprise that one spouse might spend the afternoon at the mall while the atha
spends that time looking at cars.
The C:lr business is vay competitive. Buyers :lre looking for the best selection ~md the best value
tur the mone". Tht: more cacs a dealer can inventory on site, the better that dealer's ndds of attractinu the
. . :::>
customer and rdaining them for a salt:. Car buyas are traditionally discernible, kno\\ing \\hat they want.
Pug.! I () - Applicullt's Stutement jiJr Consolidated Lalld [/se Application (HiIlyer/Winco)
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\....anting it immediately, and not being willing to settle for something different. The ability of a dealer to be
able to inventory cars on site, gives that dealer the maximum ability to offer the customer what they want
v,,'hen they want it, which increases the potential for sales.
In the case of Hillyer's ~1id-City Ford, it 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 obviously 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 overt1ow
drainage water from the 1-5 ditching system. Combine the odd shape with the lack of use able 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 City might recall 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 came as a big surprise
and immediately created a shortage of storage and display area. At that time Winco was not completely
devdoped, so it was uncertain what would happen to the subject property, so that was not then an option.
Hillyer found a piece of property on Highway 214 near the new fire ::station on the north side, and my oftice
on his behalf made application for an adjunct to the dealership for used cars in that location. Unfortunately
a site plan could not be developed in that location in a manner suitable to the City and access to the state
highway \vas an insurmountable issue, so that project was abandon. Shortly thcrcafh:r negotiations with
Winco began and have no'\'/ culminated in this application to add 3.249 acres to his site without having to
~stablish a s~pmate location.
The changes in West Woodburn. and in WOl)dburn generally are such that making a mmor
clJju::,tment to the \VCP map to proviJ~ for the highest and best use of this 3.2-+9 aLr-.:s is \\arrant~J.
rhis O1pplication complies '\vith WOO ~5.1 04.02(C)('2).
Pugl! 11 - .lppficunt 's Stl.1tl!ll1l!1lt fiJI' COl/solidated Land Use Application (Hillyer: Willco)
,'~l" of,j
C. Compliance with State Planning Goals and Rules
This application complies with all the applicable Statewide Planning Goals and Rules, and should
be approved. \\ bat follows is a discussion of specific goals that are applicable to this application:
Goal 1 - Citizen lnvolvement - 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 \\oi11 be provided as specified by City procedures and will include all information
required by state statute. Through notitication 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 Planning - The WCP and WDO are acknowledged to be in compliance with
statewide planning goals and guidelines. The subject property is located inside the city limits. No exceptions
to any goals are required. Goal 2 is fully complied with.
Goal 5 - Open Spaces, Scenic and Historic areas, and Natural Resources - The subject property is
not designated as an open space, scenic, or historic area and has no natural resources to protect, therefore
this goal is satisfied.
Goal 6 - Air, Water and Land Resources Ouality - The end use of this property will be for storag':
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.
Goal 7- Areas Subiect to )ratural Disasters and Hazards - There are no identified landslide area"
lm the subject property. There are no identified \vetlands or t100dplains on the subj~ct property. Th
prop~rty is basically tlat and ready t,x lil.;vdopment to occur. Goal 7 is complied with by this application
Goal 8 - R~crcational 'ceds - rh~ subj~ct property is not needed or even desirable as a recreationc_
J.rca. The site is locat~J in th~ middle of a significant comm~rcial and industrial area, with 2 major strecl
Page 11 - ./pplicant 's Statement for ('ollsolidatl!d Lmd C\'e ,Ipplication (HiIlya'Winco)
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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. At the same time it will
guarantee the continued tinancial well being of Hillyer's Mid-City Ford by allowing it to grow to serve the
regional market, and better compete with new car dealerships within yards of their front door. 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 WDO 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 - AU necessary public facilities and infrastructure were
constructed when the Winco project was developed, and when the Hillyer dealership was built, as well as
'When OOOT 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 W oodland, to a signalized
intersection with Highway 219. This goal is met.
Goal 12 - Transportation ~ There \vill be only a minor increase in traffic from this expansion. as
most traftic is already there. The purpose of the expansion is to provide more storage and display for the
.:xisting clIstomt.:f base. not necessarily to attract new customers. The transportation syskm in this area is
basically brand nc\v, Hillya Lane \vas constructed less than .2 years ago. Woodbnd Drive \\as compktdy
r~build kss than 10 years ago \v hen Winco built. and the improvements and signalization of IIigh\vay 219
Pagf! f 3 - ./pplic.:ilnt 's Statemt!lltfor Consolidated Land ():~e Application (HillyeYi WilleO)
fM' 11
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 tranic tha'
might be generated from this expansion will have no affect whatsoever on these streets, and compared to
the increase in traftic that would arise if the site could be developed with a new and independent industrial
use, the increase traffic here is negligible. By approving an expansion of an existing adjoining use, tht::
smallest possible traffic generation from this site is guaranteed. With little increase in traftic 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!3 - Energy 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 ofT-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.
D. WCP Goals and Policies
The wep in many ways mirrors the goals and policies of the Statewide Goals and Guidelines, and
for all the of the same reasons, this application complies.
Looking primarily at WCP Chapter IX (Goals and Policies) together with the BLI dated Februar;.
7. 2000 the most relevant language applies to the Commercial and Industrial sections. Policies on
R~sidentiallanJs and housing don't ~pply as the subject property is not suitable for residential use in either
~ commt:rcial or industrial designation and the land itsdf is simply not practical to use for housing. The.:
_\nnexation pnliLies do not apply LlS this land is alreaJy in the city limits.
Citizen invl)l\~m~nt is always applicable to quasi-judicial applications such as this. :\5 previousl~
Pc/ge 1,) - Applical1t 's Stdtemellt for C'vl1solidatl!d Lmd U.\'I! Applicatioll (llillyt!Y: Wil1CO)
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discussed under Goal2, this application will be reviewed by staff, the Woodburn Planning Commission and
the City Council. At least two public hearings will be conductcd with notice and opportunity to be heard
presented as required by the \VDO. The property will be posted with notice as well as mailed notice to
surrounding property o'vvners and affected governmental agencies. At the public hearings anyone wishing
to present relevant testimony or documentary evidence will be allowed to do so. Adequate citizen
involvement is 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 locatcd 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 ofthe new car dealership on-
site rather than off-site where cars and employees 'v~ould have to drive bet\veen locations and use up
gasoline, [n addition, avoiding r.:xpansion in another part of the City also will eliminate additional trame
trips through the interchange. over Highway 21~ and through the City, thus reducing unnecessary vehicle
trips in the City.
[he \VC P s~ctions un industrial ;lnci commercial land uses inJicate a desire to focus this ty pe 0 f
gro\\ th in the ~m~as \\here these uses currently -:xist. The ,"VCP identities several such areas, and obviously
Puge 15 - Applicunt 's .\'tatt!ment for COHsoJidatt!d Land Use rippliwtiol1 (Hi/(va,Winco)
.'.... '111
this southwest quadrant of the fr~eway interchange is named, both for its commercial and industrial uses.
\VCP ~X. 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 ~IV(A). The need to move away from the
historic "bedroom" community label is important and is stated throughout the WCP. See WCP SIX, Policy
L-11. One of the first Commercial policies states the City should at all times have sufficient land to
accommodate the retail needs of the City and the surrounding market area. WCP SIX, Policy B-1. Even
the BLl 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 ~X(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 dos~ 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 \VCP desires to foster, and has almost no impact on the Cit)
infrastructure. A true """in-win.' for the community and the t\\'o property owners involved.
The City :1150 is ~xperiencing a ddlcit in Industrial lands. There are similar provisions for Industrial
land needs and srO\.vth as that discussed Jbove for Cnmmercial lands. The critical dement here. which
mak...:s the Cummercial goals Jnd policies applicable, is the lack of ability to practically use the subjel..:t
property fur industriJl uses. The fad that this area has sat idle for over 20 lears \\hen it \vas properly zoned
P,lge /1'). Applicant's Stat.:ml!nt/or Cunsolidated Land Cst! .1pplication I Hill,veri Winco)
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and designated indicates clearly it is not useable for industrial purposes. Even when the site was tinally 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 ODOT 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. 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 \1a.han property (Amendment "A") lies immediately adjacent to the west of Tax Lot
100 and would add 107 acres of industrial land. The "Nlahan site has been under consideration for addition
to the CGB for 6 or 7 years, and was identified even during the approval process for the Winco project.
\Vinco ,vas required to construct Woodland A venue to industrial street standards all the way to actually stub
into the \lahan property. The \lahan site therefore already has a fully developed industrial capacity stred,
\\ ith ~ll properly sized utilities for industrial use right at its door step. Clearly the City would look to this
site and others id~ntiti~d in the au and not rdy on small in-till sites like this that can not be used for
industrial purposes in the tirst place.
\foving tbis small ~mount of land, whose highest ~nd best use is for commercial uscs, meets and
P<lgt! I ~ - .lpp/iCLlJll'S Slalt!Jnt!nl for COllSo/idatt!d Lund CSt! Application (Hillyal Will<:oJ
.,..If "'1
compli~s with the Commercial lands goals and policies of the wep, and has no adverse atTect on the
Industrial lands goals and policies.
This application satisfies the goals and policies stated in the WCP, and as supplemented by the 2000
BU.
E. Sustains an Inventory Balance of Land Uses in the UGB
As discussed above, this application meets the goals and policies of the Commercial lands inventory
without adversely impacting the deficit oflndustrials 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 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.
V. Zone Change
Criteria set forth in WOO g5.104.04(C) for an owner-initiated zoning map change are as follows:
A. Need for the Proposed Use
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 BU. 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 ov~r 3 acres to the Commercial land base inventory thereby fulfilling the need for Commercial
lands idt:ntified in the BLl and the We?
In addition, there is a need for expansion of the Hillyer site in order for that dcah~rship to stay
Lompctitivc in the markdplace, and to adequate service the n:gional clientele that has built up on:r the years.
. \s pn.:viollsly mentioned, the Hillyer dl.:alership is the smallest land mass of any of the West \VooJburn
Pl(~i! 18 - .-1pplicanl 's Slalt!tnt!111 for CV/lSolidated Lmd USt! Application (Hi/lyadVinco)
lkalas. llillyer's prop~rty has a gross land mass of 5.11 acres, however approximately 1.5 acres of this site
is a detention basin and not useable as part of the dealership. That means the actua11and in the dealership
is just over 3.5 ac res.
Compare this to the Chevrolet dealership across the street that has a nice square lot configuration
which is over 5 acres in siz~. That dl.:alership property started out as over 8 acres and after the dedication
of the Arney Road right of way, and not considering the remnant tract on the opposite side of the road from
the dealership. Effectively, Hillyer is 30% smaller, which is a huge number in competing businesses.
The Chrysler dealership property is 4.13 acres in size, and its lot configuration while not perfect, is
much more conducive to display of cars than the Hillyer dealership. At 4.13 acres, the Chrysler dealership
is about 15% larger in useable space, again a large amount in the car business.
In addition to pure size of useable land, both the Chevrolet and Chrysler dealerships have display
areas on multiple streets. The Chevrolet store has display areas on Highway 219 and on Arney Road, and
storage and parking areas on W oodland Avenue and Arney Road behind the building. The Chrysler store
has frontage on Arney Road and on the street between the dealership and the Woodburn Company Store
mall. Both the Chevrolet and Chrysler stores have direct access onto the street they face. Hillyer on the
other hand has limited display area on Highway 219 (but does have freeway frontage some of which is
obstructed from southbound traffic) and no direct acc~ss to the street from his display area. In order for
customers to reach the Hillyer store, they have to go all the way to Woodland, turn onto Woodland, then turn
onto Hillyer Lane and travel that local street to get back to the store and the display areas.
Ry approving this zone change, it puts the Ford store back on an even footing with the other
dt.:alcrships. There will be additional display area along High\vay 219. which will make more sense for the
access to come via \V oodland ,\ venue than is currently the case. and Hillyer Lane will then become
essentially a direct :1CCCSS to the dcakrship. [n addition. adding 3.2-+9 acres to the 3.5 current useabk acres
~i \ cs Hillyer 6.7 ..lCrcs \)1' uSt.:ab\c space. \\ hich will hdp it remain a vigorous business
The City has rt.:cognizcd the benetits of becoming a regional retail business cent~r for northern
Page 19 - ..!ppliclIlIl 's ,')'lalemenl j(Jr Cunsolidated Lund L:~e .lppliculivn (Hillyer' WilleD)
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Marion County, :.lnd the WCP encourages maintaining and enhancing that. The 3 car dealerships together
with the Woodburn Company Store mall arc the key ingredients in this regional retail draw, and approving
this minor expansion win 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 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 lnterstate 5 Interchange commercial area.
yluch ofthc 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 WDO 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.
B. This Site Best Fills the Demonstrated Need
As an expansion site, it only makes sense that it happen on adjacent and contiguous lands. It has
:J.lready been demonstrated that it does not make economical or energy conservation sense to require
..:xpansion in some other part oftov..n. This area is id~ntified in the \VCP as v..hae Commercial uses should
be. The r..:gional rdail marketplace is Jrav.n to this area because of its visibility and accessibility from the
fn:e\\ay. The subject property is available and vacant and not uscable for industrial purposes, making it
uniqudy qualiti.:J for conversion to Commercial use.
The WOO in J~aling \\ith zone changes takes into account size. location, contiguration. visibility
Page lO - . JppliclInt 's Statemt:!lt j()r Consolidated LWlCj Use Application (Hillyer! Winca)
...
and other attributes of the site. WDO S5.104.04(C)(2). 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 unuscable 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 eG, 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.
All the criteria necessary to approve this zone change from IL to CG are satisfied by this application.
VI. CONDITIONAL USE TO ALLOW RETAIL CAR SALES
In W oodbum, a conditional use is an activity which is permitted in a zone but which, because of
some l:haracteristics which are not entirely compatible with other uses allowed in the zone, cannot be
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. WDO g5.103.0l(A).
The criteria for approval of a conditional use are found at WDO S5.103.01(C) and are discussed
hereafter:
A. Cse is Allowable in the Zone
fn order to be approved, the proposed use must be one that is pennitted as a conditional use in the
new zoning Jistrict. [n this (.;ase il ne\.... car Jeakrship is being proposed. \vhich is listed in the \VDO as a
permitkJ conditional use in the CG zone. WDO ~2.1 06.l)3(;\)( 1). This (.;riteria is satisfied.
B. l"se Complies with Development Standards of the CG Zone
P<(!.!,t: ~ 1 - .lpplicant 's Statemt!l1t for COllsoliduted Lund [;se Application (Hil(vlfrl Winco)
tN', ~
The development standards of the CO zone are found in WDO S2.106.05 and S2.1 06.06 togetha
with Tables 2.1.10 and 2.1.11. To be approved a conditional use has to comply with the development
standards in the proposed zone. In this case, the display and storage areas being proposed do comply with
all these standards.
The subject property complies with the dimensional standards of WOO ~2.1 06.05 and as set forth
in Table 2.1.10. No buildings or structures are being proposed, therefore the standards related to buildings
do not apply. The proposed Site Plan, shows the location oflandscaping, lighting and internal circulation,
all of which comply with the required dimensional standards. See Exhibit "J"
Similarly, the dealership expansion complies with the development standards of WDO 92.106.06.
Again, because there is no buildings being proposed, compliance is relatively straight forward. There is an
abundance of on-site parking being provided, both on the subject property and in conjunction with the
existing dealership. Setback and architectural issues are not applicable since no buildings are being
proposed. There will be signage in the expansion area, and it will comply in all respects to the new
Woodburn Sign Ordinance. There is a brand new street, so no dedication or street improvements are
necessary, and a sidewalk is in place on Highway 219, W oodland Avenue and on Hillyer Lane. Landscaping
will be pursuant to WDO ~3.106.06 as is required. See Exhibit "J". Finally, there will be no buildings so
there is no need for refuse facilities. All refuse facilities arc already constructed at the existing facility.
The proposed display and storage expansion of Hillyer's ~lid-City Ford meets and complies with
all development standards in the CO zone, and therefore this criteria is satistied.
C. Use is compatible with Surrounding Properties
Tht: proposed -:xpansion of the t:xisting dealership is compatible \vith surrounding uses anJ
properties. The site is bordered to the north by High\vay 219, across from which is a Chevrolet new car
dealership. a fast toad restaurant. a gas station and mini-mart :.md a hotel. all zoned eG. To the east is the
-.:xisting car Jeakrship this use will expand into. and [-5. across from which is Wal mart and numerous otha
commercial establishments. clll of which are also zoned. eG. To the south and \vest are the Winco and HW[
Peige .;:: - .-l.pp/ icallt 's Statement j()r ( 'onsv/ida/t:!d Land U~t:! App/h:utiol1 (Hi/f.ver; Winco)
." -
distribution warehouse facilities which are zoned IL.
It is well settled that commercial and industrial uses are generally compatible, and this is especially
so here \\ here the industrial uses are low impact distribution warehouses. In this case there are already three
new car dealerships in the area which have demonstrated compatibility with all the other area users over the
last 5-7 years they have been in existence. There have been no difficulties between the existing Hillyer
dealership and either Winco or HWI, and they have been neighbors for years.
The expansion of the Hillyer dealership \-vilI have no adverse affect on public facilities or
infrastructure. Display and storage of ncw and used cars is not a noise generating use; the parking lot
lighting will be well designed not to adversely impact adjoining property owner (which has never been an
issue with the existing dealership); and hours of operation will follow the open hours of the existing
dealership which has not been a problem. There is no issue with air quality as there is nothing more that car
emissions being generated. The site will be nicely designed and landscaped and will be aesthetically
pleasing and similar to the look of the neighboring properties and uses; and as an expansion of an existing
lot, there will be little new traffic generated. There are no dwellings in the immediatc vicinity or on adjacent
properties, so there will be no affect whatsoever on residential uses.
As discussed above, this minor expansion of a new car dealership complies with the applicable
provisions of the wep goals and policies. For sake of brevity that justification will not be repeated here.
Suffice it to say that this proposal does comply with the WCP. Consideration of the suitability of conditions
is something that will be developed as the application progresses through staff review, public scrutiny and
Planning Commission and City Council review. Obviously conditions with regard to survt.:ying and planing
r~quin:mt:nts as \vdl as lamlscaping '.vill be impos~d to ~nsure City processes are follo\\ed, and those an:
standard conditions \\ hich obviously are suitable.
This crit~ria is ~omplkd with, and th~ conditional use to al1o\'.' the ..:xpansion of Hillyer's \lid-City
Ford ,mto the subj~ct prop~rty should be ~pproved.
Pugt! .?J - .lpp/icUIl( 's S((/(t!IIlt!lllfor C011Solidatt!d Lmd Cst! Application I Hillyer! Willeo)
,;Pl ~
VII. SITE DESIGN REVIEW NOT REQUIRED
~o formal Si te Design Review process is necessary in order to allow construction of this expansion.
Site Design Review is driven by the presence of buildings. Where buildings or other structures are proposed,
Site Design Review is not required. Buildings or structures that are less than 1,000 square feet in size are
deemed to be a Type II process and are handled administratively. \\/'00 S5.102.02. Where the building or
structure exceeds 1,000 square feet a Type III process is employed. WDO 95.103.02. In this instance, where
no buildings are proposed, compliance with development standards is ensured through the conditional use
process. See above discussion. WDO S5.103.01(C)(2).
Nevertheless, a detailed Site Plan is submitted here for review of compliance with the development
standards of the CG zone and to ensure site access, internal circulation, landscaping and lighting all are
satisfactory to staff. See Exhibit" J"
V. CONCLUSION
This application is a minor modification of the land use program of the City of Woodburn. It
basically proposes what common sense dictates. The small and irregular shaped Winco pan-handle can not
be used for industrial uses. The property sat vacant for 20 years without a taker. When Winco developed
the site, even it could not utilize this area because of its small size and irregular shape. The frontage on
High\vay 219 (with its high traffic count and good customer visibility) and the adjacent commercial uses
dictate that the properties highest and best use is for commercial purposes which are not burdened by size
;lnd configuration requirements like industrial uses are.
The t'vvo affected property mvners (Winca and Hillyer) have recognized this highest and bt.:st use.
;lnG have agreed to a sak transaction that would transfer ownership of the subject property from Wineo to
Hill)'~r for the net:ded ~xpansion of their Ford dealership. Expansion is necessary because the ~xisting
I Iilly~r site lost 1.5 Jeres of its land mass to a detention basin, and nO\\I is tinding it hard to compete v..ith
.1 Jcakrship that is slTI<llkr than Lts two nearby competitors. rhe subject area would replace the land lTIas~
10st to detention. and \vould provide needed street frontage for display and needed off..stn:et area for storage
Pagl! lA - .lpplicul/l 's Stalt:!I11t:!l/1 jCJr Consolidalt:!d Ltmd Cyt:! Applicatiun (Hi/(vadVinco)
of cars held in inventory.
In order to accomplish this simple and minor transaction however, several land use applications are
necessary. The first is the lot line adjustment (which is not complicated at all) for which all the criteria have
been met. Cpon approval the surveyed plat will be completed, approved by the City and properly n:corded.
The next two applications invoh.e changing the WCP designation and the WDO zone from Industrial (IL)
to Commercial (CG). These applications (which are very complicated) are addressed in detail here and the
Exhibits and justification set forth herein demonstrate compliance with the approval criteria, and that it is
appropriate to make this minor change.
Finally there is a conditional use permit, which is necessary even in the CG zone to site a new car
dealership. This conditional use process ensures compatibility, availability of infrastructure, and compliance
with the development standards in the zone. Each and every approval criteria for issuance of a conditional
permit in the case have been satisfied. Since there are no buildings or structures proposed for this expansion
area, the conditional use process controls site development and no Site Design Review process is necessary.
This is a good application for two responsible Woodburn businesses. The change is appropriate,
practical and makes perfect sense. This change has been contemplated for years due to the impracticality
of development on the pan-handle, and ODOT's development of Hillyer Lane which etfectively was
designed v.,ilh this expansion in mind.
This combined application meets and exceeds all the approval criteria and should be approved.
RESPECTFCLL Y submitted this2l.... day of October, 2004, on behalfofLeo and Reyne Hillyer and
\Vinco Foods, Inc.
L-.
\Vallace W. Lien, ~ . 79301
Of Wallace W. Lien, P.C.
Attorneys for Applicants
1775 32cd Place ~E, Suite ".\"
Sakm, Oregon 97303
503-585-0105 office tdephone
503-585-0106 fax line
\\ \\ \\i.l ienla\\.com
Puge .l5 - .Ipplicant '5 Statement/or Cunsulidated Lund Use Applicatio/1 (llill,ver/ Wineo)
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ST,\1VTORY WAllR..)NTY nl"EQ.
P^VIOSON F^R.'lltS, l~C.. ~ OrC/;o:,\ ~rporalion. herciruncr Ql!cd \~e Ct"AAIOr
conv4ts :lnd speci~lIy warnn\S to VI ^lU~M^RT, INC,. an ldiho COf?Or:lllon, hcrei/l:\flcr c1:ccl
l!1c Ct1/li~.:ll\d ,,)(.to Qral1ICC'S ~UCCCJ~U 3/ld u.:oit:1J. \/Ie bdQw-<JCJCrlbod r121 propcny, free
of cncumbC":lt\ce.s e~Lcd o~ Jllrrcrcd by Lhe O~lor. C~CCP\ U spc:.cilieally ~ (0)\" "~il,
The It\Je U'.d ~e1~ con.li<ler:ulon (or this ccn~e1an<:c co".i"J of or inclu<.lu a_her
p:o~t\)' or ~ue SLvcn or promise.; and, :hcrcCol'O. the conSicel'3110n i, nOI st:llcd in terms M
dol.US.
ne n:aI lHOpe")' is JillJ:l:cc1 in ;1\.: county or "1~riOI\. 3lld S\:lIQ of OrcltOl'l. ~nd is
de'ICribcd :LS (oUo...." to wit: '
^ ~vcd of 13114 lyinC ;~ the MOSCl Lore Don3t;OIl l.'\nd Claim No. 61 ;md. in l!le
r.\O",:u Roy's Hein oo1'l31'on uncl CI;lim No, 81 Also IJin; in S<<tions t1, 1:1.
1;\. 14. Town$hip S SO\lII1. Ih"~e 2 West or the Wi1Il.1IC:\IC: Meridian in Marion
County. Orc,oll, a'llI beln!; a CKlrIjoll of lhe properly dC$(ribcd in lho. dced 10
H;uory T. Voorhees. ~c:or\lcd in Vol~"'e 266. p.'\se S61. of Marion CO\lnly
Roeords of Deed,- This .laic! p:\reol being lll.~l llOnion or said (1l'Opcrty Iyill&
Wc;$Icrly o( (hO Wealcrl)r ,isll. or "'ay li"c of lhe Ponbnd-Sltlem l!aprc.u""ay ~
~Id I!&pl'QS'."'Y hu booft loolcG. ~nd aho l)'il'lC SGlAlII of lI\e SOllLh line or
Markel Roll4 No. I" (now known :u S~LC Hi,hW1y 214). "
I
Mo,e pllnitu1arty described as follows; ~rccl 2. l'artilioll l'lal No,. 90~,
rceorl1cd OctOber 1.5. 199$. in Rc:cI 807. (lil;e 11. Piln, Rccord. for Marion
COUllly, OreGon. <IS ainc:nl1c:d by Major I'artiliol'l final Plall'lo, 91-111. l':C:ordcd
~embcr 9. 1991. ill R~I 906. p;!.f;C 22S. film Records {~ M~riQll Collney.
OI'CSOII.
TlXiETHcll. Wljli an =mcnl for <Irninasc pipc:linc 01 l;le ~S set fonh in
instillment rocotdCll Dceel1\bc:r 13. 1918. in Reel 149. p.~i>c L99S. Film Rcc.lrds
far M~tion COHnly. Orel:on.
::>1\ vt:. AND IDCCt:.l'r llle "'OSI l!.asIC!" 20 {~ or P:u-a:1 2 of l'l\fl;lion !11M
r-lO. 91-117. recorded Deccnlbcr 9. L99I. in Reel~. ~&c 225. Microf.lm
RoCord.. Marion COllnlY, On:~Oft.
SUll.ll,:CT TO:
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l. Limilc:cl aC:C;~1 in dccod La Ihe SI.ne of 0",,,-. by mid throu;h il$ SI.,te
HitJ'l_y CO",",ission. re((\rded November II, 1953. in Book 457,
p:aac 19.1. Deed RCCOM for M3r1on C:ounty. Orc&llfI. which ptovides Ih;\,
"0 rillhl O' CUoemcnl of ri~hl o( access lO. froll! or :1('033 Ihc S13.c
Hi~h""1Y s"'"lI :\Iw:h LO Lllc ~b"L1ins. pl'OrcrlY. other Ih"n ~kllrcssly therein
pro" itlCCl {Dr. '
:-1,\IL TAX ST.\TE;\I~:''iTS TQ:
W~n:m1rt. I~c:.
^ TTN: Chief r-in:\n<:i:'\l Q((iecr
1'0 130.. 5756
Bcisc. ID S)7QS
P:lge I - S~tulOry W:ur.tnty 0=1
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2. f=.a..."ncnl. il\<:l\ldinll 1!1~ lc~ms and provhion. \herwr. conv<;ycd \0
rQr1.L~nd Ct"e~ aJCc:lric: Col1\P3ll)'. :l alfl?Or:llion, i\S SlJC:~sors ..nc.l
ouil;ns.lly inSltlUnen\ rccorde4 Much 16,1956. in !lool< 'SS, p:l&Cl 612.
OCl:.ll Records (or Manon COunly, Oregon.
T~lISm;ssion l.inc: I!.;uemc:JlI. illc:!udillC: tile lami an4 ptOvisiOl\$ lhcrcor,
gr1ll1ai III Unilc:O StaleS of Amc:r;a, atId iu ~i;nc. ~'\lcd Noyc:mber I".
1956, rccordc,4 November 26. 1956, i.t rlnok "9~. ~&1: 67. Deed l<<<ordJ
rOI "":lnon COl>nly. OrC:~Ol\. ;.
um;led I~S in <lcc.1 10 the S\a~ Qf O(e,ol\. b.i ~c.I Ill"'''lh ill S~IC
Hi~"~y Co.nftli:uiaft. I":CQrdc:.s 1\11)' 17. 1961, in,500k 0.\6. P'Cc: 164.
Occ:o Rc:c.orcll for Mario" CO\II\'Y. O~c:~OCI. ....lIi(h'ptOO'idCl tl'lat no ri~hl
or e;ucmcru 01 "allt O(..C:CCU 10. (rolll O~ aeras, 111~. S\:llt HIIII\lIl\y 511111
31l.'~" 10 lhc )bl.tlin~ [l~Y. od'\<:t' ltlall cli(lrcnIY',I:'Icrci/\ proy;clc4 (or.
.'
U!ili'1 ~mcnl, inc:luclinc 11\. lcttN ~ provi'io~ lhereof. eOIl"cycd 10
lhe Cily Or Wourlbl.tm. .. "'unu:ip)1 col'llClrnlitui of M:uiol'l eounly,
On:gl1ll. "Y. i"~rul~nt r<<onlcll NO\lembct 13:;1990. ill ~~l ~14.
p''\Cc 7:1. 1'11." R~o'ds rOl' MMiOll COII"l)', Orc;.~:
The: (ollo....inc. lllhc: !\ollte u rt:lClllirctl by OrcJ;Oft Jaw: .;.:r~lS INSTRUMl!NT WILl..
NOT AI.LOW usil OF THE I'ltOPl!ATY Dt:$CIUneD IN nits INSTRUM~t4T IN
VIOlATION 01' AI'PUCAAl.8 LAND usn UWS AND JlEGUI.ATlO~S. Ga:OIUl
SIGNING OR ACC~I/>1G THIS INSTRUMlWf, THIi 1'l!KSQN ACQUUUNG r-t:.t:. T1TLlt
TO TIm PROI'f:RTY SHOULD CH\;CK WITH l'HG APPROI'K/^"(i CITY Oil. COUNTY
I'l.ANNING Or;rl\M.TMf:.NT TO Vf:IUFY ^PPRO\lI!D USliS AND TO ocrfl~MINI! ANY
'-'''''ITS ON l,^wSUliS M:;...lt"Si I'''RMING OR r-ORL!ST (.I{ACTlCI!S AS 1')\~I'lN~I) IN
ORS 30,9~O.. ..
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In eons\l'\.in~ Ihis 'Jccd;\/lll w"ere lh~ conl~l SID rectuires. 'he: singul;-,r includ,;$ the (llur1l.
wITNESS CrMILlr', h>lncllhis I" d:l)' o( July. .996.
DAVIOSON r-M~MS. INC,
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On IlIil ~ d3" or July, 1996. l'ClfSOI'I:ln) appc:l~ [)~M.D J. 1M VIDSON "'0<).
\)C\,,!; duly swom. diu '-'y 1\1:11 he is 1l1I: 1'fl:SidCfl\ or D^V/I)SON f'.r\RMS. INC.. ;'In Or<.:\!.OIl
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Taxlot{s}: '052wl1 00106'
Owner Name: WINCO FOODS INC
Situs Address: 300 WOODLAND AV
Zip Code: 97071,WOODBURN
Land Use Zone:
Schools: Woodburn
Fire District: WOODBURN
This is to certify that this
is a true and correct copy
of the record now on file in
the Assessor's Office.
.~r :':..lrtl~rt.:rctdth:.r:.,.
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Doug Ebner,
Marion County Assessor
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By r '/li.../
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capture radius = 250'
scale 1" = 278'
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Taxlot(s): '052wll 00107'
Owner Name: WINCO FOODS LLC
Situs Address: 0
Zip Code: 97071,WOODBURN
Land Use Zone:
Schools: Woodburn
Fire District: WOODBURN
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This is to certify that this
is a true and correct copy
of the record now on file in
the Assessor's Office.
Doug Ebner,
Marion County Assessor
~~
By '- ~;I[/
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.-
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\))LW II UUIUU ~U.l~ AC
052Wll 00101 28.05 AC
\Vl~CO FOODS LLC
,\ TT~: BUSCHE,SCSAN
PO BOX 5756
BOISE ID 83705
HARDW ARE WHOLESALERS INC
%DIETZ,DA VID W
PO BOX 868
FORT WAYNE IN 46801
\)52W11 00105 OA3 AC
052Wll 00106 1.39 AC
tIlLL YER,LEO \1 & REY~E M
3000 HILL YERS LN
WOODBCRN OR 97071
WINCO FOODS INC
C/O BURKE & NICKEL
3336 E 32 ST #217
TULSA OK 74135
052W11 00107 1.94 AC
052W12B 01100 0.54 AC
052W12BC06600 5.03 AC
BAKER,DALE W &
BROWN,TIMOTHY R
C/O BAKER & BROWN
2874 NEWBERG HY
WOODBURN OR 97071
052W12BC06700 0.19 AC
WINCO FOODS LLC
i\TTN: BUSCHE,SUSAN
PO BOX 5756
BOISE ID 83705
MILES REAL EST ATE LLC
PO BOX 338
3001 W NEWBERG HY
WOODBURN OR 97071
KUY AN,ANA TOLLY & OLGA
3114 MYRTLE ST
WOODBURN OR 97071
052W12C 01100 4.72 AC
HILL YER,LEO M & REYNE M
3000 HILL YERS LN
WOODBCRN OR 97071
..... "fi~'
052Wll 00101 28.05 AC
lS2Wl1 00100 80.18 AC
WINeo FOODS LLC
ATT~: BCSCHE,SCSAN
PO BOX 5756
BOISE ID 83705
052Wll 00105 0.43 AC
HARDW ARE WHOLESALERS INC
%DIETZ,DA VID W
PO BOX 868
FORT WAYNE IN 46801
OS2Wll 00106 1.39 AC
HILL YER,LEO M & REYNE M
3000 HILL YERS LN
WOODBCRJ.'.J OR 97071
WINCO FOODS INC
C/O BURKE & NICKEL
3336 E 32 ST #217
TULSA OK 74135
052W11 00107 1.94 AC
052W12BC06600 5.03 AC
WINCO FOODS LLC
A.TTN: BUSCHE,SUSAN
PO BOX 5756
BOISE lD 83705
MILES REAL ESTATE LLC
PO BOX 338
3001 W NEWBERG HY
WOODBURN OR 97071
052W12C 01100 4.72 AC
HILL YER,LEO M & REYNE M
3000 HILLYERS LN
WOODBURN OR 97071
.,". .,\
~creen Pcint from AbleTerm session(Tim McDonald)
09:40 AM 06/03/2005
Frop :;: D
~':ap :' ax Lot:
:"egal
R332589 (Real Estate)
052W11 00106
P.P. 2C03-C33, PARCEL 1, ACRES 1,39
Property Data Selection Menu
Owner: WINCO FOODS INC
(13781) C/O BURKE & NICKEL
3336 E 32 ST #217
TULSA, OK 74135
*
.3it.'~s
3 'J 0 'tICODLA..."JD A V
WOOGBURN, OR 97071
Year Built :
Living Area:
iidme \ 3)
'~cde Area
S.J.le I:1fo
=eed Type PP
~nstr~~eGt: 2003-033
2004 Tax Status
~urrent Levied Taxes
Special Assessments
2005-06 SB125 Taxes
10303030
* No Taxes Due *
1,911.88
2004 Roll
R:v1V Land $
RMV Improvements $
RMV Total $
Total Exemptions $
M5 Net Value $
M50 Assd Value $
Values
106,970
o
106,970
o
106,970
97,090
(+)
(+)
(= )
(AD) Alt Disp
(G)en Appr
II (Y) primarY
(O)wnership
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(L)and/Impr
( ,) More
Enter Option from Above or <RET> to Exit:
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WEDNESDAY, JUNE 16. 2004
WWW.WOODBURNINDEPENDENT.COM
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HBED hoping to
raise funds with
mini-bike raffle
A little bike for a lot of
fund-raising,
That's the hope of the
Hubbard Business and Eco-
nomic Development group
as they plan for summer ac-
tivities. To help them. the
group is raffling off a "pock-
et bike" motorcycle, courtesy
of Mid-Valley Cycle.
The raffle is intended to
help raise funds for HBED.
The mini motorcycle has a
'Wo-stroke, 25 cc engine and
called a "California Chop-
per," and was built by West
Coast Hogs out of California
( www.westcoasthogs.com).
Tickets are $5 each and a
limit of 750 tickets will be
sold. The bike will be given
away July 17 at the Hubbard
Hop Festival.
For more information,
contact Rick Disrud at Mid-
Valley Cycles at 503-981-
1344. You can purchase rai-
ne tickets are Hubbard
Chevrolet, \-lid- Valley Cy-
cles, or from any HBED
member.
.,,:'~.. "."'":""""'" '...~;; ,':-_-10 ~
SCHOLARSHIP WINNERS
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Hillyer's Mid-City Ford, in conjunction with Ford Motor Company, has awarded several local students $1.000 e
for college. The Built Ford Tough TfuckslFFA Scholafships went to: Jason Steinkamp, Gervais High; Joshua Ti
Woodburn High; Erin Beyer, Motalla High; Michael Hemshom, Woodburn High; Morgan leder, Woodburn H
and Jesse Lucas, Gervais High, The scholarships were part of 626 awarded by Ford Division. Ford Motor C
pany Fund and the FOfd Dealers to FFA members who afe high school seniors planning to attend college ir
2004. Leo Hillyef (middle) recently awafded the scholafships to six of the 10 high schoolefs that would fee
them.
[t's h2.Id to .m<lgine 'hJ.t the pets '...e :o\e ~11lght
:Jite ,he hand that feeds them.
But dogs .lnti cats 'Nlll sometimes .l.:t (;n their nat-
,Hal tnstincts. \Vith .1 few tips you C:.H1 tower the
cnan.:es tbt Yllur pet - Qr 'iome-
,:r.e ..::,c:'s - '...ill "lte "r -cr2.tch
>cu.
Surt r[[lIr,mg ycur ouppy ,jr ~t-
ten :o..r\y '10. It :-e:.tily pays tv
tea.:h : \11,;[ pet tram the begmmng
[hJt blUng :.nd 'idakhing is not
.l\.:cepmble. Of course. this behav-
ior comes naturally fa jour pet.
Kittens :U\ie to ,talk ..Ind pounce
In,~ r"t"nnl~~ 11)Vr- r() c.he\v \In
Teach non-biting behavior now, enjoy later
Yc:ur little pet '...111 grow up friendlier the mere he
~s accustomed to being handled. Brush and ;Jet him
tlr'ten. Encourage t1thers to pet him too to help your
pet Jecome comt'orta.ble wlth strangers.
\Vhen you .lIe ~ound uther people's pets. It'S best
~,;t :0 ,.pproach ,Jr pet ,hem. D'1n't ,iisturb ..In ..1m mal
'h:lt .s 'ileeping, ~Jting ,)r c:uing for her litter. They
...ren', tJ.ffilli:lI' '.vLlh :';u ;lnJ m:lY 'iee :.cu ..IS ..1 threat.
W,,-Il ;0 iJ.:c-:me :,c-iuJ.mled '\lIch :hem :hniUgh their
0\\ ner.
If the '.Vl>r'it iuppens ..Ind you're ',itten, ,lon't turn
youro.lck .md run J\Vay. .\ Jog" natural instm.:t IS
to ChJ5e prey. RemaJl1 ,eill .iLld try [0 put ,cmething
,ueh :lS YtJur purse or j.l.:ket between YllU .md the
do~.
Ver',; Curner
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Middle of Southern Boundary
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~n1lthA~~tArn ~nrnAr nf PrnnArtv
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I ntersection of Sta'te Highway 214 and -'"""
Woodland Ave.
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:~;",:'~Id IB'
* RECIO *
CITY OF
AU(] 0 1 2G05
WOOD BU RM~URt'lCOMMUNI
l~lOPMENT DEPl
Community DeveloplT'ent Department
27Q Montgomery Street. . Woodoorn, Oregon 97071
Pl"one: 503-962.-52%. Fax: 503-982-5211 . Website Addl'e5s: WWIN,d.woodburn.or,U$
UNIFORM APPLICATION
(APUCAQON UNIFORM!)
General Information (lnlrxm.1cJrjn ~MfIJ)
Projectloatlon(Ubcdc.iOOdfiPl'O)<<1D): 300 Woodland Ave., Woodburn, OR 97071
PropettyOWftet(Nombl'edeIPropietano): Winco Food, Inc. Appllca.,t(~..t Wallace W. Lien
. -..
MaiU,!~ Addreu (Dk~,~Jt 17 7 S 32 rtd. P 1. .. NP.,
S lJ lell\ . CP. 9 7303
I Telepbone..F..No. (TeJefr.vloYFax~'~gj:~B~:grgr'- -~
I E-mail Add....(~~abemit1Q);w}.j;en@l.tenlaw.com
Sitll Acreaae; :) . 5
Assdso,.. Map.Tu lot No..: 5-2W-12C-llOO and
S-2~-1]-ln6
Mailing Addreg (Dir<<cIdn PosI3ft 3 3 3 6 F.
Ste 217, Tulsa, ~K 14135
Telephone. fax No. rreJHono r FtJJt):
E-mail Add~ (0Raidn C!/Jemetica).
32nd St.,
Comprehenalve PI." Milp Daiilnatton: Industr1a.l
Zone Map Designation: Liqh t Industr ial
,.
Description 01 the propclsal (Desafpcidn def proyec.to).
Dp.sign Review application to-allow expansion of Hillyer's Mid-City Ford
" d~~l~rshi~ disolav lot alcnq ~WV 219 and the frontage of. Hillyer Lane
t steeS R
teQue evleW (5oIiOtud. R.wsar)
1 II ACCESS PERMIT TO CITY STREET 13 a FORMAL INTERPRETATION OF ll1E woo 250 REVOCATION; PREVIOUSLV APP~OV PERMIT
2 0 ANNEXATION 14 0 MDP PREUMINARY APPROVAl 26 0 SWOO PERMIT
3 0 APPEAL TO art' COUNOL 15 0 MDP ANAL PLAN APPROVAL 21 c 5PEOAL USE AS A CU
'\ 0 COMPo PlJ\N MAP CHANGE 16 0 MODIACATION Of CONOmONS 28 c SUB. PREUMINAR't' APPROVAL
S d CONDITIONAL USE 17 u PARTITION PRBlMINARY APPROVAL. 29 c SUB. FINAL PlAT APPROVAL
6 ::J DeilGM 1lM~ AS " OOPlD RESIOENTt.... DWFII ,I'tiGS 18 a PARTITION ANAL PlAT APPROVAL 30 CI TB..EmM, FAaL TIV SPEC USE AS A CU
7 g DESIGN REVIEW 19 a PHASING PlAN 31 0 TEMPORARY WTDOOR PERMIT
8 :J oa:mOH 1'0 ST. ROW a.1~pR(NEfo1eNT REQ, 20 a POO PREUMlNARY PLAN APPflOVAL 32 0 TReE REMOVAL PERMIT
9 u EXTENSION fORA DE'!. DEOSION 21 c PUO OESIGN PlAN ANAL APPROVAL 33 CI VARIANCE
1Q CI FENCl! &. ""E! STANOING W-.l m-<:ON$T RfV. 22 [J PUO FINAL PtAN APPROVAL 34 [J ZONING ADJuSTMENT
11 a GRADING PERMIT 23 Q LLA & CONSOUDATION OF LOTS 3S 0 ZONE OWfGE
12 0 HJSTOR1C1AAOi. SIGNIFl.SlTC SPEc. OJ 2'" r) RS AROt. STANDARDS SUBOlV. 36 0 OTHER:
\pplicant Certification (Certtlcacan del SQI~n~)
I hereby dedant that a. appUClnt for this proposal, I have t.lmillari~ed myself with ttM reln.nt provisions 01 the City of
Woodburn o.'Welopment Ordinance; ..nell have read the foregoing application and IU\QW the contents 01 the appllc:.tion to be
true to the Mst or my knowledge (If applicant is not Ame as prop.rty owner, owner shall authorize applicant to represent
illS/ her Interest in the above re'erencecl appllcatto" by signing below). (Por 1.1 pr'eSI!fIt dedsre qut! como soHotant~ de esra .000000000ta. rre he
t3mrlianzaCo con liIS pro~~an5pert1n~l1res a 14 0nJ ,dFlQ de U~IUclCn~dp Wooo'lxIm; Y he /eido r., .:lpHGJCiOn anteriory se que lo eontM'<fO,os vendico d 10
rT:f!)Of de fTII cotkXimlento (si eJ s()/lCtanM no" - c. l., proplfKldd wrdriJ. iJOajO Juton'z4fl(/() 3/ soIlClG1nte i1 representar SU II1tertS en I., <1{!1kaadt7
preceoenrlJ) /': " ( . ,; / <- '-. , "~' - -- JJ /I 1 / ... J ' '
Owner (F;~ dt!I CLl:fJo) _ -. " ,~/ ~pplicant (Pnr.a del5viiotilnt.) -4 'Y'..t.,,;.t ~.; 7."\. 't L", 7,. ,\~t.1 _ -:,. L
......t Nam~(escrt.a en Na ce mo/Cd)~~} /l,/~..{'; ',"', .1. ~~~ ;.a~a(Escnb.1t?I?:etra :iemoide) ~ld ~'l~c~ W. L i ,"'n
,. ( ) .'
Date(FC'<.T,;) 0 5- 1- J - 0)" ,. ','. Date (FecI1a) :.? i :i.{', ~ (:
- .,.
, '.
\
-tr RECIO f.r
CITY OF ~UG 01 20G5
WOOD BU R,*~~~1~~\~~~i.
File No;l)2. o~-a>
Rela~ Flies:
Date Received: 3/') ~I:J
FeES Received: 16ft.
t~~~t~
&'-
-:~ .
"'-TO'ODBURN
, 1._:_____
Community Developn-ent Department
270 Monb;)omery Street · Woodb\lrn, Oregon 97071
Pl"one: 503-982-5246. Fax; 503-982-5211 . Website Address: www,d.woodburn.or,U$
UNIFORM APPLICATION
(APUCADON UNIFORM!)
4
:4;"7:r~rcl nit
General Information (/nfrxm.1cJrJn ~tI~")
Projec:tkKatlon (UlJic4dOndfllPrr1y<<:trJ): 300 Woodland Ave., Woodburn, OR 97071
propertyownet(NombredeIPropletano): winco Food, Inc. APflII~nt($c:lHcJ~): ~allace W. Lien
MaUlngAddresa(DirfCQ'MPast.Yf.3336 E 32nd St., Maili,!AdcIr1tu(LVr~:!sta'): 1775 32rtd. Pl... NP.f
Ste 217, Tulsa, ~K 14135 S~le~, OR 97303
Telephone. Fax No. (TeJHonoyFax): Telephone ..F.. No. (TeIt!fono YFaxJ:'~g~:~~ ~:gi-gr----~
E-mail AddreM (oeaidn OiJemttia). E-maH Add.... (0I1<<dOn abernit:ia): wll,en@ H,enlaw ~ com
ComprehensiVe Pia" M1Ip Desi1Jnatton: Industr1a.L Sitll Acnt.ge::3 . 5
ZGneMapDesignatlon: Liqht Industrial Assusor'sM.p.TuLotNo.: S-2W-12C-llOO and
S-2~-1l-ln6
Description of the proposal (DesaipdOn del pmyectr;).
D~sign Beview application to"allow expansion of Hillyer's Mid-Ci~y Ford
" d~~l~~shi~ di~nl~v lot alonq tiw~ 219 and the frontage of. Hillyer Lane
steel R
'-eQue eVlew (5oIIr:1lud. RtNisMJ
1 [] ACCESS PERMIT TO OTY STREET 13 a fORMAL INTERPRETATION OF Tl1E woo 25 0 R.EVOCATION; PREVIOUSlY APPR,OV PERMtr
2 0 ANNEXATION 14 a MDP PREUMINARY APPROVAl 26 0 SWQO PERMIT
3 0 APPEAL TO CITY COUNOL 15 a MDP ANAL PlAN APPROVAL 27 0 5PEOAL USE AS A CU
4 0 COMPo PlAN MAP CHANGE 16 a MODIRCATION OF CONOmONS 280 SUB. PREUMINAAY APPROVAl
S D CONOmONAL USE 17 CJ PARTITlON PP.aJ.MINARY APPROVAL 290 SUB. FINAl PlAT APpnOVAl
6 ::I Dl5IGM 1lM~ ~s & OOI'Ull RESIDENTIAl. OWFII t"'GS 18 a PARTITION ANAL PlAT APPROVAl 30 C] TB..ECDM, FAOl nv SPEC USE AS A CU
7 11 DESIGN REVIEW 19 a PHASING PlAN 31 0 TEMPORARV OUTDOOR PERMIT
8 ::J ElcceP'TlOH TO ST. ROW & 1I'lPROV~ENT REO, 20 0 PlJO P~UMINARY IJlAN AP~OIJAl 32 a TREE REMOVAL PERMIT
90 EXTENSION FORA OEV. DECISION 21 0 PUO DESIGN PlAN FINAL APPROVAL 330 VARIANCE
lQ 0 I'tNCl! &. ~E! STANCINC WALL 1'Rf-<.oNST RfV. 22 [J PUO FINAL PlAN APPROVAL 34 a ZONING AOJlJSiMENT
11 a GRAOING PERMIT 23 a LlA & CONSOUOAilON Of LOTS 35 0 ZONE OIANGE
12 0 HlSTORlC/AROi. SIGNIFl.Srre SPEc. OJ 24 r) RS AROt. STANDARDS SUB01\l. 36 0 OTHER:
\pplicant Certification (Cert~ac:6n del 5oIiQtin~1
1 hereby d48dan that as appUant for tt1ls proposal, I have hmil1arh:ed myself with the relnBnt provisions of the City of
Woodburn ~"elopment Ordln~"ce; and I have read the foregoing appllatton and kl\C)Vf the contents of the appll~tion to be
true to the best of my knowledge (If applicant is not same as property owner, owner shall authorize applicant to represent
Ilisl her Interest in the above referencecl appllcatto" by signing below). (Pol' 14 pt'eS4flt ded~ qUf! como SDlial3nt~ de e5(iJ propuesta. rre he
tJtmllanzi1Co con 135 pro~~G/15 pert1Mntes a 1<3 OnJ,aFlZiI ck U~JUciCrltf Woodbvm; y I1e :eido 14 ,'1pt1caciOn anterior Y se que 10 aJnttNIl(!o ~ v(!f'l(J;co d Ia
rneJIX de f11I conocimfentrJ (si eJ s'()/.'C!ta"~!1o ~ - c.loIlYO~ Ii, c;ri. aw)O i1/JronZiJnao ill sctfClt.3nte iJ representir su mteres en lil3~ ,
preceoenre) /,:, - ()/ '- ' ~<- ,'- '- _n_ /I : I '
Owner (FifTTliJdelcLerJoJ_ - ~ "~---j ,(pplicant(Arrr.adeJ5viicJtant~) 4 ",,~7..........'; ~."'-.It t" "".\~~/. ~" ~
.....It Nam~(eSO"t.a en cJJiJc!emol~)~'CV /I,/?v'" ';","', .~, ~~~ ~~:nIi!l(E.scnb.ll?n't'tr3 1emoide) r".7~~'1 ~c@' W. L1,-'n
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Date(Ft'(Ta) () '5- Z- J - 0)' v. '.' Date (Fecha) ~-? i "':,.(' . I..- (.:
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CITY OF
WOODBURN
File No:
Related Files:
Date Received:
Fees Received:
General Information (Informacion General)
Community Development Department
270 Montgomery Street · Woodburn, Oregon 97071
Phone: 503-982-5246U~iF~~9~-~~p~Ia:;;~N: WWW.ci.woodburn.or.u\tAR 2 3 Z:JCl
(APUCAGON UN/FORME) 'ti0008LRN CW~,ll.i~l:fY
CEVELOP~"~NT OEPT.
1;(
REC'O
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:>>roject location (Ubicadon del Proyedo): 300 Wood land
, . Leo and Reyne
~roperty owner (Nombre del Propletano): Hi 11 er Y
Mailing Address (Direccion Postal): 3000 N ewbe rg Hwy
Woodburn, OR 97071
Telephone &. Fax No. (Teltifono y Fax):
E-mail Address (Direcd6n O'bemetica).
Comprehensive Plan Map Designation: Industrlal
Zone Map Designation: Liqht Industrial
Ave., Woodburn, OR 97071
~pplicant (Solidtante): Wallace W. Lien
Mailing Address (Direcaon Postal): 1775 32 nO. ;P:L. NE
S~lefl'\ OF. 97303
Telephone &. Fax No. (Telefono y Fax): 5 Q :: 5 t; : )
E-mail Address (Direcdan,Obemetica):.-.,.,l,i.en.@ ~.ten;l,,,w, co;m
Site Acreage: 3 . 5
Assessor's Map &. Tax Lot No.: 5-2W-12C-llOO anc
5-2W-1J.-106
Description of the proposal (Descnpcian del proyecto):
Dp.sign Review application to-allow
dealership di~lav lot alonq Hwy
expansion of Hillyer's Mid-City Ford
219 and th~ Jrontage of Hillyer Lane
t stdR
eQue e eVlew (Sa/ldtud a ReVl5ar)
1 0 ACCESS PERMIT TO CITY STREET 13 0 FORMAL INTERPRETATION OF THE WOO 250 REVOCATION: PREVIOUSLY APPROV PERMn
2 0 ANNEXATION 140 MOP PREUMINARY APPROVAL 26 0 SWOO PERMIT
3 0 APPEAL TO CITY COUNGL 150 MOP FINAL PLAN APPROVAL 27 0 SPEGAL USE AS A CU
40 COMPo PLAN MAP CHANGE 16 0 MODIFICATION OF CONDmONS 280 SUB. PREllMINARY APPROVAL
5 0 CONDmONAL USE 170 PARTITION PREUMINARY APPROVAL 290 SUB. FINAL PLAT APPROVAL
6 0 DESIGN REVIEW RS & DUPLEX RESIDENTIAL ::JWELLlNGS 180 PARTITION FINAL PLAT APPROVAL 300 TElECOM, FAGLTIY SPEC USE AS A Cl
7 iJ DESIGN REVIEW 190 PHASING PLAN 31 0 TEMPORARY OUTDOOR PERMIT
8 0 EXCEPTION TO sr. ROW & IMPROVEMENT REQ. 20 0 PUO PREUMINARY PLAN APPROVAL 320 TREE REMOVAL PERMIT
90 EXTENSION FOR A DEV. DEOSION 210 PUD DESIGN PLAN FINAL APPROVAL 33 0 VARIANCE
10 0 FENCE & FREE STANDING WALL PRE-CONsr REV. 22 0 PUD FINAL PLAN APPROVAL 34 0 ZONING ADJUSTMENT
11 :J GRADING PERMIT 23 0 LLA & CONSOUDATION OF LOTS 3S 0 ZONE CHANGE
12 0 HISTORIC/ARCH. SIGNIFI.SITE, SPEC. CU 240 RS ARCH. STANDARDS SUBDIV. 36 0 OTHER:
\pplicant Certification ICcrtlfcacion ,jet Soiic:tante)
1 hereby declare that as applicant for this proposal, I have familiarized myself with the relevant provisions of the City of
Woodburn Development Ordinance; and I have read the foregoing application and know the contents of the application to be
true to the best of my knowledge (if applicant is not same as property owner, owner shall authorize applicant to represent
his/her interest in the above referenced application by signing below). {Por la present declare que como sofiotante de esta propuesta, me!
:ami/ianzado con .as provisions pertnentes a ia Ordenanza de Urban/zaC/on de Woodbum; y he ie/do /a ap:icaC!on antenor y se que /0 contenido es .erfdico a .'0
rejor de ,'nJ conoom,e. nto (51 eJ 5Cj;~t,ant /)'71eJ dueiio de .'a propiedad fim:ara abaJo aLtorfzar:do al SOliotante, a representar su mterris en la aplicaoon
:;recedente) ~. \. " , '
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Pl....; Name(BCJ'ta en cc.-a.:ie ,7'<:ce) , /, (' ) I/,/ 1/ l / Print Name(Escnba en .etr;] ,fe ,r.e/de) :'7~ 11 a c P. :'1. Lie n
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Date(Fec~a) ), f.. .I 1" " Date (Fee":a)
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~ REC'O ~
BEFORE THE CITY OF WOODBUR>"l
AUG 0 1 20J5
F or a Design Review Application
)
)
)
)
)
)
WOODBURN COMMUNITY
DEVELOPMENT OEPT.
In the ~latter of the Application of:
LEO and REYNE HILLYER and WINCO
FOODS, me.
Case No.
REVISED APPLICANTS' STATEMENT
COMES ;-.IOW applicants by and through their attorney, Christine M, Schwamberger, of
Wallace W. Lien, P.C., and hereby submits the following revised narrative setting forth legal and
factual justification for their Design Review Application.
I. NATURE OF THE APPLICATION
This is a design review application for the construction of an expansion to the existing
display lot for new and used cars for Hillyer's Mid-City Ford dealership (hereinafter "Applicant" or
"Hillyer"). This project will be an expansion ofthe existing dealership onto vacant land (hereinafter
"Property") that is west of the dealership, The property was recently sold to the applicants by Winco
Foods, Inc. ('''Wineo''). No new buildings are being proposed for the expansion area. The display
lot expansion will be paved, lighted and landscaped and will provide much needed new parking for
car inventory at the applicant's dealership. Access to the new display lot will be from Woodland
Avenue and Hillyer Lane, The property is located on the southeast comer of the intersection of State
Highway 219 and Woodland Avenue, and consists of two lots, separated by Hillyer Lane, which total
3.33 acres: 1) the lot west of Hillyer Lane is 1.39 acres and is described as Parcell of Partition Plat
2003-033: and 2) th~ lot east of Hillyer Lane is 1.94 acres and is described as Parcel 1 of Partition
Plat 2004-105.
P,lg.: 1 - .1ppitc\1I11S' Sld/<'ll7t'lIt /nr Design Rttview Applicatio/1 (Hillyer Winr.;uJ
."...... ~,
II. BACKGROUND IN FOR."lA TION
The property is currently vacant and was declared to be surplus by Winco, Winco uses its
Woodburn location for regional warehousing and has completely built-out its operation there. The
property is not suitable for a building because of its small size and irregular shape, and the location
of Hillyer Lane, which was constructed by ODOT in 2002. Hillyer Lane formed part of the
improvement to the Woodburn 1-5 Interchange, and eliminates direct access from Hillyer onto
Highway 219. ODOT also designed Hillyer Lane for the specific purpose of facilitating the
expansion of the Hillyer dealership onto the property, This is evidenced by the fact that ODOT
curved Hillyer Lane to match up with the existing dealership access at the time, as well as the name
of the street, "Hillyer Lane," Hillyer now relies solely and exclusively on Hillyer Lane and
Woodland Avenue to access its property,
The subject property is located in West Woodburn, and is bordered on the east by the Hillyer
dealership, on the south by Winco, on the west by W oodland Avenue and Do It Best Corporation,
and on the north by Miles Chrysler car dealership and Highway 219. The surrounding area includes
the 1-5 freeway to the west, a 24 hour gas station/fast-food mart, motel, fast-food and sit-down
restaurants, and the Woodburn Company Stores Outlet ~ilall. There is a church further west, and a
single-family residential subdivision on the northwest comer. The subject property is flat and has
no identitied landslide hazards, wetlands or flood plains,
III. DESIGN REVIEW REQ{;IRE~lENTS
The City of \V oodbum considers the proposed display lot a "structure" as ddlned in \VOO
Section 1.102 ("That \-vhich is built or constructed. . . or any piece of \\iork artificially built up or
composed of parts joined togctha in some detinite manner, regardless of whether it is \-vholly or
[\.g~ ~ - .lppliL'cll11s .'''fclt.'lIIcI71 (or Design Re\'iew .lppfic.JlioiJ (Hillyer; Willl.'o)
,.." '.....
partly above or below grade."). The display lot comprises a paved area totaling 117,500 square feet.
Since the display lot area exceeds 1,000 square feet, it shall be reviewed by the Design Review
Board under a Type III decision process, WDO Section 4.10 1.06(C) and Table 4,1. The purpose
of Type III Design Review is to ensure compliance with the applicable site development standards
and architectural guidelines of WDO Section 3.1 (Development Guidelines and Standards). WDO
Section 5.103.02 (A). The criteria for a Type III Design Review Application are pursuant to the
standards and guidelines of WDO Section 3.1 (Development Guidelines and Standards) and other
applicable subsections of the WDO, WDO Section 5.103.02(C), WDO Section 3.1, by pertinent
subsection, is discussed below:
3.101 Street Standards - No new streets are needed or proposed to access the new display
lot. The project is already adequately served by the existing street network of Highway 219,
Woodland Avenue and Hillyer Lane. The expansion of the new car dealership will allow for
additional display of new and used cars along Highway 219, and along both sides of Hillyer Lane.
This display lot will not necessarily increase the number of customers visiting the dealership, but will
increase the retention and sales to those customers by providing additional vehicle options and
immediate delivery of cars in stock. 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.
3.102 Utilities and Easements - This display lot requires no new public facilities
construction or easements. Since no buildings are being proposed, the expansion will require little
in the way of infrastructure beyond storm drainage for the new pav~d display areas. Storm water
drainage is already provided by a large detention basin located on Tax Lot 1 00 to the southwest, and
by a detention basin on the Hillyer property. There are storm drain lines both in Hillyer Lme and
p,/ge 3 -lppli~',mts . St,lll!ment for Dl!si'<,n R<:vil:w . tpplh:..Jti;;/I I Hillyer: Wineo)
..."., ,~" .'
in W oodland Avenue, which together with the detention basins, provide sufficient capacity to
account for needed storm drainage on the subject property. WDO Section 3.l02.03(A) requires
public streets abutting the development to be illuminated with street lights installed to city and public
utility standards. All public streets bordering this application have already been constructed and
provide street lights.
3.103 Setback, Open Space and Lot Standards, Generally - WDO 2.1 06.05(C)(1)(a)(l)
states that the minimum setback shall be 15 feet from any abutting street (plus any special setback).
This setback is shown on the Overall Site Plan Sheet AI,I, WDO 3.103.06 provides that off-street
parking and storage shall be prohibited within a required setback. No parking or storage is proposed
within any required setbacks.
3.104 Access - No new access is being proposed because the street system surrounding the
subject property is already fully developed with Highway 219 , Woodland Avenue and Hillyer Lane.
Highway 219 and Woodland Avenue is a signalized intersection which regulates traffic onto
W oodland Avenue accessing Hillyer Lane, Highway 219 is bordered by newly constructed
sidewalks along the frontage of the subject property. Hillyer Lane has sidewalks along its northern
boundary all the way to the existing Hillyer ownership which then loop back to connect to the
sidewalk along Highway 219. See Overall Site Plan Sheet Al.I.
3.105 Off Street Parking and Loading- WDOTable3.1.2(16)(a) provides that the standard
for off-street parking for motor vehicle dealers is 1.0 space/2,000 square feet of gross outdoor display
area. The total paved area of the display parking lot is 117,500 square feet (117,500/2,000 = 59).
rh~refore, 59 customer parking spaces have been provided. ~o buildings are being constructed, and
therefore. no loading spaces are required. See Overall Site Plan Sheet A 1.1.
Pdljl! ..J -Ipplii..',/Ills . Si<,te/n.:ntfi/" D.:sign Rl!vit!w lppliccaion (flii(ver Winco)
"..," .....,...
....
3.106 Landscaping Standards - WDO Sections 3.106.03(A)(2)(b)(1) and 3.106.03(8)
provide that all yards abutting a street (including off-street parking and circulation areas), and buffer
yards, shall be landscaped at a density of one (1) plant unit (PU) per 20 square feet. There is a total
of34,811 square feet of yards in this project (34,811/20 = 1,741 PU's), therefore 1,741 PU' shave
been provided. See Landscape Planting Plan Sheet L 1.1, The vertical visual screen required in
WDO 3.1 06.03(A)(2)(b )(2) has been provided via trees in the landscape plan,
WDO Section 3.1 06.02(B) requires all landscaped areas to be permanently irrigated. A
Landscape Irrigation Plan has been submitted for the entire landscaped area. See Landscape
Irrigation Plan Sheet L 1.2.
WDO 2,1 06.05(C)( 1 )(b)( 1) provides that off-street parking and storage shall be prohibited
within a required setback except for parking and storage adjacent to a wall. No parking or storage
is proposed for these areas. WDO 2.1 06.06(E)(1) provides that street frontage of a subject property
shall be improved with either property line sidewalks and street trees or curb line sidewalks,
determined at the time of Design Review. The subject property already has existing sidewalks, and
street trees have been added, See Enlarged NW Site Plan Sheet A1.2 and Enlarged SW Site Plan
Sheet .\1.3.
3.107 Architectural Design Guidelines and Standards - WDO 3.107.06(8)(6) provides
that landscaping should (emphasis in original) be augmented to address the specific visual impacts
of abutting uses and the visual character of the surrounding area, Since the surrounding area is
already composed of car dt:alcrships, a Winco distribution centt:r, and the Do [t Best industrial site,
there \\<ill be no ad\<crse visual, noise, or light impacts or changes to the surrounding area,
Landscaping \vill be carried over to the proposed expansion site on the subject property in the same
Pcl~e 5 - .lpplic,i/lls' Sldt.!menlfor D<!.\'I'S'I Rot\'i.:w ,~pplic,ili{jn (HiIlya Wi/leO)
~".'~ .
manner as it is implemented on the current display lot. This will ensure landscaping will remain
consistent for the area and business.
WDO 3,107.06(B)(8)(a) provides that a buffer wall should ( emphasis in original) be
constructed on the perimeter property line of non-residential development to mitigate adverse visual,
noise and/or light impacts on the abutting use when no comparable buffer exists, The neighboring
property has an industrial zoning designation, and is in fact used by Winco for industrial purposes,
As already discussed above, there are no adverse impacts on the neighboring property, The buffer
wall under WDO 3.107.06(B)(8)(a) is an aspirational guideline only, and not a specific requirement.
Accordingly, no buffer has been provided here, other than the existing chainlink fence, WDO
3.l07.06(B)(9) states that a sidewalk should be located at the property line along any street.
Sidewalks are already in place along the streets which border the subject property, These sidewalks
will meet any increase in pedestrian traffic resulting from the proposed expansion of the display lot.
The proposed expansion of the display lot will provide lighting in the manner required by
WDO 3.107 .06(F)(2) by continuing the same lighting plan that exists on the existing lot. Alllights
on the expansion will have an illumination of at least one foot-candle. Because of their design, none
of the lights on the expansion lot will reflect into residential areas, and no glare will be cast onto any
public streets. Therefore, the applicable architectural guidelines have all been met.
IV. CONCLL"SION
Type III Design Review serves the important purpose of ensuring that development blend in
with ~xisting surrounding devdopment and meets the city's design requirements. This project
involves a simple ~xpansion in size of an already existing display lot. This expansion involves no
new buildings or ~xpansion of ~xisting buildings. The project \-vill have no adv~rse affects on
PH!,': I) - ,IPI'Ii<..\Jl/ts' StLJtt!mt!flt.'or Dt!sign R"vicw .lpplicLJti{)11 I Hi/Zver Winco)
~. , ........,' ."
surrounding properties or development, because it merely expands an already existing display lot.
Therefore, the project will in no \vay interfere with future growth or development of the surrounding
area, As explained above, the proposed expansion of the Hillyer auto display lot meets or exceeds
all applicable regulations and requirements under the WDO.
The proposed expansion of the Hillyer auto display lot meets or exceeds all applicable
regulations and requirements of the Woodburn Development Ordinance, and on behalf of Mr.
Hillyer, I urge you to approve this Design Review Application.
DATED this, <1 ("'day of July, 2005, at Salem, Marion County, Oregon.
P ic~c! - - Ipp/iecl/lls' Slcilt!meJ1f /r)r DeSign Rt!vic!w .!ppliccltiotl (Hill,vc!r. lViJl~'ol
.. ~....... ...
LANDSCAPE PLANTING SUMMATION FOR THE
NORTH EAST LOT
The total required area to be landscaped based on the 15' buffers is
16,871 s.f. This required landscape area of 16.871 s.f. is divided by
the 20 plant unit factor in order to obtain the minimum required
number of plant units. This total number of required plant units is 843
(p.u.). We are meeting this plant unit total of 843 by providing (27
trees)@ 10 p.u, for a total of 270 p.u., 135 shrubs @ 2 p,u, each for a
total of 270 p.u., and the additional lawn which yields us 325 p,u. for
the subtotal of 865 p.u.
This proposed lawn is approx 16,295 s.f.l 50 (plant unit factor) = 325
p.u, The remainder of the areas between our property line and the
city improvement will be landscaped by us with lawn,
LANDSCAPE PLANTING SUMMATION FOR THE
SOUTH LOT
The total required area to be landscaped for the 15' and 5' buffers is
8,637 s,f. This required landscape area of 8,637 s.f, is divided by the
20 plant unit factor in order to obtain the minimum required number of
plant units. This total number of required plant units is 432 p,u.. We
are meeting this plant unit total of 432 by providing (9 trees) @ 10
p.u. for a total of 90 p.u., 90 shrubs @ 2 p,u, each for a total of 180
p.u., and the additional lawn which yields us 166 p.u, for the subtotal
of 836 p.u.
This proposed lawn within the required buffer areas is approx 8,313
s.f.l 50 (plant unit factor) = 166 p,u, The remainder of the areas
between our property line and the city improvement will be
landscaped by us with lawn.
I. ' ".......~
WALLACE W. LIEN
A ?ROfE~~ION~l CORPORAflON
Wallace W Lien
Oaniel B. Atchison
A',exander C. 8001
Bnon J. Henry
Andrew O. SI/itek
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Attorneys at law
Contact bye-moil 01
wlien@lienlaw.com
December 30, 2005
Ms. Naomi Zwerdling
Interim Community Development Director
City of Woodburn
270 Montgomery Street
Woodburn. OR 97071
By Fax to: 1-503-982-5244
Re: Revised Parkini Layout - New IMA Policv - Hillver's Mid-City Ford Dealership
Dear Ms. Zwerdling:
Attached please find the excerpted revised parking plan layout with all the changes made that
you and I have been working on for the past week, I have sent these documents to you as pdf files,
but I understand your server is down and you may not have yet received my emai1.
As indicated in our recent conversations, the architect seems to have addressed all the issues
you raised. On Tax Lot 106 (NW site plan) the new drawing shows the full required parking slots
(22)~ there is now sufficient back up distance for all customer parking spaces, and the
customer/display parking conflicts have been eliminated. On Tax Lot 107 (SE site plan) there is now
sufficient back up distance for all customer parking spaces, and the customer/display parking
cont1icts have been eliminated. A bike rack area has been installed nearest to the existing store, even
though as you and I discussed such is not an absolute requirement of the code, The architect advises
that there is plenty of room since it is all just pavement and no buildings for all the customer parking,
so they have elected to keep all spaces full size and not utilize any compact spaces.
If you agree this revised drawing satisties all the technical requirements for parking, please
let me know and I will get original large scale drawings hand delivered to you as soon as I can.
We tentatively agreed that so long as the additional int'ormation contained herein was
provided to you, that we would go on the February 91;' Planning Commission agenda for our initial
hearing. This would provide sufficient time tor tinal review: notice to DLCO: conducting the facility
conference; getting notice of the hearing out; and getting the staff report completed. Please let me
know when the facility conference will be held sO I can get that on my calendar as well as make sure
\k Hillyer and \-tr. Ped are both available. [appreciate your assistance in getting this time line set
up. This J.pplication has b~(;n un tile with the City lor :in extraordinarily long period or lime. and
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i i75 ':2'" Phce f'jt,ou,lc,;'" ~alc'p, r]R 97303.: 674 "~ S03. ~8S-0 1 OS ed 3C9 aff ce . 5C3.585 i) 1 06 fax
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December 29, 2005
Page 2
it is imperative to everyone that we move it through the process as quickly as we can,
You also asked that 1 address new plan policy 2,116 (Interchange Management Area) that is
a part ofthe new revised Woodburn Comprehensive Plan. It is understood that the new plan policies
are not yet in effect, and that because of ORS 227.178, would not be approval criteria for this
application that was filed long before the City even held hearings on the new plan policies,
The new Interchange Management Area (IMA) includes the subject property, and at the time
it was included this application had already been filed, While the IMA sets a goal to limit new
commercial uses in the interchange, the applicant urges that such policy does not and should not
apply to the subject property. First the 1M A, with the application then pending. had to have it in
mind that the subject property was exempt under ORS 227.178 and therefore did not apply in the
tirst instance. Secondly, what is being proposed is not a new commercial use, but an expansion of
an existing commercial use, Finally, the size and shape of the subject property are such that other
uses for which the IMA is designed simply are not suitable.
The site is now and always has been considered to be an expansion area for the Hillyer car
dealership. As long ago as the original approval of the current Hillyer site plan, expansion was
discussed and even provided for, The reason for this was the imminent closure of Hillyer's direct
driveway onto Highway 219, and the perceived need to provide a stonn water detention basin on the
Hillyer tract. In order to allow for the driveway closure, the site plan was arranged so that the new
access street (Hillyer Lane) from Woodland would integrate into the internal traffic circulation plan.
In addition, once it was determined that well over an acre of the original Hillyer site would be lost
to the detention basin, tnat lost storage and display area needed replacement in order to keep the
dealership viable. This is especially true given the intense competition in the car business generally
and in Woodburn specifically with the Chevrolet and Chrysler dealerships being within such close
proximity.
The highest and best use of these tvlo remnant parcels is now and has always been to
integrate into the two existing contiguous businesses, Winco has developed its site to the fullest
extent, and the small site remnant is no longer of any use to them. They have lot line adjusted their
properties in order to create the full remnant, and seeing the logic of expansion of Hillyer's has
entered into a sales agreement for the property. The odd shape and small size and location
sandwiched between Winco and Hillyer, not to mention the fact that the tracts are bisected by Hillyer
Lane, essentially make it difficult if not impossible to site what would otherwise be an allowed use
in the IMA zone. It must also be remembered that access is very difficult, There is no direct access
onto Highway 219, so a customer must travel west on Highway 219 to the light and turn south on
Woodland then east on Hillyer Lane to gain access, This is workable for Hillyer's existing
dealership because of its signage and frontage through the interchange, but for a separate stand alone
IMA business, with limited signage ability and no freeway visibility. this access would be tortuous
at best.
:t for all these reasons the limitations in the new [\1A policies can not and should not be
applied to this application.
Thank you for your assistance in moving this application to hearing. If you need anything
t'urthcr from my office, plcJsc feel free to contact me at your convenience.
~...
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Ms. Naomi Zwerdling
December 29, 2005
Yours truly,
Page 3
WALLACE W. LIE~, P.C,
())
By: Wallace W. Lien
Ene: Revised Parking Plan Layout (pdf reproduction)
cc: Hillyer's Mid-City Ford (w/enc) ~'\o..)( -to: 503- Cfl,\.. 00t4-
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DEVELOPMENT utPT.
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CITY OF
WOODBURN
File No: e I-~",-..._~~
Related Files:e.. V'
Date Received: , (...
Fees Received: ,.
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Community Development Department
270 Montgomery Street. Woodburn, Or~on 97071 Phone: 503-982-5246. Fax: 503-982-5244 · Webslte Address: www.Ci.woodburn.or.l..s
UNIFORM APPLICATION
: APUCACION UN/FORME)
General Information (InformaCion General)
stgn location (UblGJCon del Proyecto)
~~14 ; WC)~\;lIl"d - ~ ~-t I C<-
1\1~~)4.~ ~tLJ,.~~~,..L.e.t:- 100:L
Business name (Nombre del Negoclo) H i II ~ ~ V' "Ford
Business owner's name (Nom ore del dtJetfo) ~() fI.;'!:!'-
Mailing Address (DlrecC/on Postal)
Telephone No. (Telefono)
Property owner (NombredeIPropletario) l..ao +1i 1I~
Mailing Address (Dlrecclon Postal) 3a'O 'l\ . t~ \ ~ ~~
-tJ~..bJL..r'Y'\ I ~
Telephone" Fax No. (Telefono) SL/ 1- qg I. .y'''"'I 1
E-mail Address (Dlrecodn ClbemeUciI)
Sign Company Name (Hombre de id CampanIa de letrero)
Mailing Address (DlrecclOn Postal) 311-lS" ~fl'M m.DA~1 ~ ~f; St.
-<. no. D Q --.. I /SfI!... t:t,30 2..
Telephone" Fax No. (Telefono) S"D 3. 31..4 - ~aa J I
E-mail Address (DlrecClon Clbernetlca)
Comprehensive Plan Map Designation
lone Map Designation
'd
Site Acreage 1.3"" : 1.8S'(.
Assessor's Map" Tax Lot No. 0 S- ~ W II {Of.'~ tCl
Description of the sign (DescnpClon de/letrero) (;;\) -V ~)(): F;n r:p, IS' h1: : .'/',:: Qva 1='D'" d C~ biILlI *=
..:5; 1~.A J ~ H. / wLb ('0 {ISVS.
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~eques eVlew (SoIICltud a Revlsar)
1 0 ACCESS PERMIT TO CITY STREff 13 0 FORMAL INTERPRETATION OF THE WOO 25 LJ REVOCATION OF PREVIOUSLY APPROVED PERMIT
2 a ANNEXATION 14 :::J MDP PRELIMINARY APPROVAL 26 Q SWOD PERMIT
3 0 APPEAL TO CITY COUNCIL 150 MDP FINAL PLAN APPROVAL 27 c SPECIAL USE AS A CU
4 0 COMP. PLAN MAP CHANGE 16 c MODIFICATION OF CONDITIONS 28 0 SUB. PRELIMINARY APPROVAL
5 0 CONDmONAL USE 17 :l PARTmON PRELIMINARY APPROVAL 29,-, SUB. FINAL PLAT APPROVAL
6 :::; ~ESIGN REV:E'N RS s C"PlEX q[SlCemAL OWElu\GS 18 (j PARTITION FINAL PLAT APPROVAL 30 0 ;[LECOr-'~IAHCAT:OI FACllffi. SPFr;F1C _"F 'S- .})
7)(PESIGN REVIEW (2. ~~ I (\i1<';1) 19...: PHASING PLAN 31::: TEMPORARY OUTDOOR PERMIT
8::: ':XCEPnON TO ST. RON "" i~IPRO"Er-'ENT ";::Q. 20 :: PUD PRELIMINARY PLAN APPROVAL 32 :: TREE RE:-.10'/ AL PERMIT
9:: S<TENSION FOR A DEV. JEClSICN 21 :: PIJD DESIGN PLAN FINAL APPROVAL 33 :: VARIANCE
10 :: FE~CE & FREE ')TA',DtI'lG '.'VALl ,RE-CCNST ...e' 22 :: PUD FINAL PLAN APPROVAL 34 ,:-; ZONING ADJuSTMENT
11 _: GRAOr:'JG PERMIT 23 :: LLA & CONSOUDATION OF LOTS 3S :: ZONE CHANGE
12 -:: '1!STCRIC CR ARCH. S,'::;~HFI S,-E :;FEC:"iC i::U 24 :: RS ARCH. S-;ANDARDS SLBOIV. '36 :: OTHER:
R ted R
*CONTlNUED ON REVERSE*
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ADDllcant Certiflcatlon (Cert,r.cac.6n del Sohc.tarte)
1 hereby declare that as applicant for this proposal, 1 have familiarized myself with the relevant provisions of the City of Woodbum
Development Ordinance; and 1 have read the foregoing application and know the contents of the application to be tN. to the best of my
knowledge (If applicant's not same as property owner, owner shall authorize applicant to represent his/her interest in the above referenced
application by signing below).
;Por la presente dec!aro qu<< como SCi,c,tante de esta orof)uesta, me he fam,';ar:zada con :as prOv;SiO,~es ;;ert;r~entes a :a Ordenanza ce UrbanlLac6n de Woodburn; y ne ,c;'do la
apllcaoon anterux y 54 que 10 cor:ten,do es verld/co a 10 rr:eJor de rru cor:OCim,ento (51 el ,Ci,cltante no es el dueoo de la propledad firmara Joajo autonzando al sOllctante a
.-epresentar su ,nteres en la apllCdCJOn p,ecedente)
Owner (Firma del dLene) ko I( /!jt /'
Print Name (Escnba nombreen .etra de molde) Leo f.I 1//'jQ Y
Date (Fecha)
Applicant ,,=. d. """">oJ' bt~~~
Print Name (Escri/Ja nombre en .e~a de ~Olde) Jt ~ ~
Date (Fecha) ~ /:;;'CJ 10(.
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j,b5 CO~.1MERCIAL S.E.
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SIGNS OF ALL KINDS
SALEM, OREGON 97302 Phone (503) 364-2211 FAX (503) 364-4315
'N'NW. martin b r05- 5 ,gn S. cern
\1ay 31 'it, 2006
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City of Woodburn
Community Development Dept.
270 Montgomery St.
Woodburn, OR 97071
Attn: ~aomi
MAY 3 1 2006
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Dear Naomi;
Mr. Leo Hillyer, the owner of Hillyers Mid City Ford at 3000 Newberg Hwy. Woodburn,
OR has contracted with us, Martin Bros. Inc, at 3165 Commercial St. SE Salem, OR to
install two new pylon signs on two parcels of property he owns and that are currently
going through a zone change process that would make the signs allowable under the
current sign code. The signs requested for approval are allowed under the current sign
code for commercial zones with property frontages of at least 300', under 600',
One new pylon sign is to be installed at the comer of Hwy. 214 and Woodland Ave. tax
lot # 106, and one new pylon sign at the end of Hillyers Lane tax lot # 107. Both pylon
signs are to be 11' 2" x 4' 6" in cabinet area, 15' overall height, The cabinet is an oval
shape reading: "Ford" and the colors on the cabinet and pole cover are dark blue
background, white copy and silver trim. These are the standard required signs for the
Ford Motor Corp. and are being supplied to us by the Ford approved licensed company,
ImagePoint Sign Company, located in Knoxville, TN.
Please allow us to submit this additional information as part of the original Type II zone
change / design review.
Thank you very much,
Jaylene Paulus
\lartin Bros. Inc
503-364-2211
503-304-4315
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PROPOSED ZONING MAP
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OPENING STATEMENT FOR LAND USE HEARINGS
REQUIRED BY ORS CHAPTER 197
This is the time set for public hearing in 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 (T5S,
R2W, Section 11, Tax Lots #106 and #107).
The applicant, who represents the property owners, is Wallace W. Lien.
1. The law requires the City to list all substantive criteria relevant to each hearing. The applicable
substantive criteria is listed in the notice of public hearing and is as follows:
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)
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.
The full text of all listed criteria is printed in the staff report which has been distributed priorto this hearing
and is also available now for inspection by any interested persons.
Page 1 - Opening Statement for Land Use Hearings
'..., .'..... "".,
.-
2. All testimony and evidence must be directed toward these criteria or other criteria in the plan or
land use regulation which the person testifying believes apply to the decision. Please relate your
testimony to the listed criteria.
3. The failure to raise an issue accompanied by statements or evidence sufficient to afford the City
Council and the parties, an opportunity to respond to the issue, precludes appeal to the Land Use Board
of Appeals based on that issue.
4. The failure of the applicant to raise constitutional or other issues relating to proposed conditions of
approval with sufficient specificity to allow this Council to respond to the issue precludes an action for
damages in circuit court.
5. Any participant may request, before the conclusion of the initial evidentiary hearing, an opportunity
to present additional evidence or testimony. The City Council shall grant the request by either:
(a) continuing the public hearing to a specific date and time at least seven days from the
date of the initial evidentiary hearing, or
(b) leaving the record open for at least seven days for additional written evidence or
testimony,
If the hearing is continued and new written evidence is submitted at the continued hearing, any person
may request, prior to the conclusion of the continued hearing, that the record be left open for at least
seven days to submit additional written evidence or testimony to respond to the new written evidence. If
the record is left open rather than continuing the hearing, any participant may file a written request to
reopen the record to respond to new evidence submitted while the record was left open and the City
Council shall grant that request. The applicant is allowed at least seven days after the record is closed to
all other parties, to submit final written arguments, but not new evidence, in support of the application.
6. If additional documents or evidence are provided by any party, the City Council may allow any party
to the hearing a continuance of the hearing, or leave the record open, to allow the party a reasonable
opportunity to respond.
7. Everyone addressing the City Council is requested to come forward, use the microphone, and
begin by giving your full name and address. We wish to hear from everyone who is interested in the
proposal. (For those of you who wish to testify, please be sure to fill out the "Hearing Testimony Sign-Up
Sheet" located on the table in the hallway). We will now proceed with the staff report.
Page 2 - Opening Statement for Land Use Hearings
............ ..
.-
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)
8/14/06 City Council Meeting
PUBLIC TESTIMONY SIGN-IN SHEET
PROPONENTS
PLEASE PRINT YOUR NAME AND ADDRESS IF YOU WISH TO
TESTIFY IN FAVOR.
NAME
ADDRESS
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C IHILL YER FORD DOC
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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)
8/14/06 City Council Meetin~
PUBLIC TESTIMONY SIGN-IN SHEET
OPPONENTS
PLEASE PRINT YOUR NAME AND ADDRESS IF YOU WISH TO
TESTIFY IN OPPOSITION.
NAME ADDRESS
!
C \HILL YER FORD DOC
... ,......, .'
....... .'
ATTACHMENT D
DR 05-03
Hillyer Mid City Ford
Public Works
GENERAL CONDITIONS:
1. Final plans shall conform to the construction plan review procedures and
standards.
2. The applicant, not the city is responsible for obtaining permits from any state
and/or federal agencies, which may require approval and/or permit.
3. South Woodland was recently resurfaced, no open street cuts will be allowed
unless otherwise permitted through the Public Works Department.
4. System Development fees shall be paid at the time of building permit issuance.
STREET AND DRAINAGE:
1. The Oregon Department of Transportation (ODOT) in accordance with OAR 734-
051 regulates access, street improvement requirements to the Boundary Street,
Hillyer Lane.
2. South Woodland, Boundary Street currently provides a 90-foot of right of way, 44
foot curbed improved surface, sidewalks both sides, The current Woodburn
Transportation System Plan (WTSP) designates this portion of South Woodland
as a minor arterial. The updated WTSP included as a component in periodic
review documents currently in the approval process, downgrades South
Woodland to a access street The current street improved width and right of way
exceeds the requirements for an access street
3. The existing storm sewer system within Hillyer Lane is an ODOT facility; permit
shall be obtained for connection from them. On site detention shall be provided
in accordance with the Strom Water Management Plan. Hydraulic analysis shall
be provided to the Public Works Department for review and approval.
4. Storm water SDC shall be paid prior to construction of the new imperious
surface.
SANITARY SEWER:
1. The existing sanitary sewer main within South Woodland can provide wastewater
service to the development. Service lines shall not be installed in the public right
of way as shown on the plan except at the point of connection to the city system.
""".... ......... ...
2. Separate sanitary sewer service shall be provided to each parcel, private
easement crossing the adjacent parcel may be required for the Southeast parcel.
WATER:
1. The existing water main on the east side of the subject property or the West side
of South Woodland can be utilized to provide for both domestic and fire
protection service. If additional fire hydrant is required by the Woodburn Fire
District, the water main and hydrant will be a city maintained system and installed
by applicant, constructed and permitted in accordance with public works
requirements,
2. Domestic and, lawn irrigation metered service if so installed shall require the
installation of a proper type of backflow preventer, Contact Lany Arendt, City of
Woodburn cross connection inspector for type and installation requirements at
503-982-5283.
3. Fire protection requirements shall comply with the Woodburn Fire District
standards and requirements.
t" , ..........
ATTACHMENT E
Woodburn Fire District
Prevention Division
Site Plan Review Comments
:\lemo To:
~aomi ZWt:Hlling
City of Woodburn
Date: 06/14/2006
From:
Paul Iverson
Woodburn Fire District
Facility/Project ~ame: Hillyers Ford Mid-City
AddresslLocation: Hillyer Lane and Newberg Hwy
Occupancy Class:
Access:
A. 1. Exterior of Facility: Maintain clear drive isle around parked cars
Fire flow/Water Supply: Dependent at the number ofvehic1es on the lot
Hydrants: Will need to add 1 Hydrant at the entrance to larger of the two lots.
Sprinkler/FDC: N! A
Alarm System ~/A
Premise Identification:
\1arkings and locations to med city standards.
Special Occupancy Requirements:
Building Size & Limitations/Type of Construction
Special Comments:
COMPLIANCE WITH THESE REQl5IRE:\-lENTS DOES NOT CONSTITUE
PER.,nSSION TO BUILD. BUILDING PERMITS AND PLANS REVIEWS BY THE
APPROPRIATE BUILDING OFFICIAL IS REQUIRED. PERl\oJITS AND APROVED
PLANS MUST BE ONSITE DURING CONSTRUCTION.
Woodburn Fire District
1776 Newberg Hwy
Woodburn. OR 97071
(503)982-2360 Fax (503)981-5004
".....""" ..,
ATIACHMENT C
DRAFT WOODBVRN' PLANNING COMMISSION MEETING MINUTES
July 13,2006
CONVE~ED The Planning Commission met in a regular session at 7:00 p.m. in City Hall Council
Chambers with Vice-Chairperson Bandelow presiding.
V ice-Chairperson Bandelow questioned members of the Planning Commission having potential contlicts
sllch as family, financial, or business relationship with any of the applicants or with regard to the project
in question. If such a potential contlict 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.
Vice-Chairperson Bandelow 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
A
P
P
P
p
p
p
Staff Present: Naomi Zwerdling - Interim Community Development Director
Breah Pike-Salas - Associate Planner
Marta Carrillo - Administrative Assistant
Jon Stuart - Assistant City Attorney
Randy Rohman - Public Works Transit Manager
:\'IINrTES
A. Woodburn Plannin2 Commission Meetin2 Minutes of June 22, 2006,
Commissioner GrosJacques moved to accept the minutes as written. Commissioner Vancil
seconded the motion, which unanimously carried.
BrSlNESS FROVl THE Al'DIENCE
~one.
co'nn'~lc..\TIO~S
:\. Woodburn City Council Meeting Minutes of June 12,2006
Pl'BLIC HEARI~G
C_\)IDml~~Ion~LJeDnmgs asked :\5SI"tant City ,\ttorney Stuart that smce the first heanng is a cont1l1UatlOn.
h It necessary to include the land lbe statement.
P/Ullllillg ('o/lllllissioll Medillg .Il/Ir f J, ~{)()(j
Page f of f f
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Assistant CIty Attorney Stuart stated that as a continued public hearing, the ORS should be read.
Intenm Commumty Development Director Zwerdling stated that the ORS would be read because the
hearing was challenged and would proceed as usual by starting with the ORS and making the
presentation.
A. 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 0l'ewberg 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, Wallace W.
Lien, applicant. (Continued from the June 22, 2006 Planning Commission Meeting.)
Vice-Chairperson Bandelow asked the Planning Commission if there are any exparte contacts,
conflicts, challenges or declarations. None.
Interim Community Development Director Zwerdling read the appropriate ORS and continued
with the Staff Report.
STAFF REPORT
Slide #l
The applicant is Wallace W. Lien and the property owner is Winco Foods, Inc. The applicant is
requesting a Comprehensive Plan Map Amendment from "Industrial" to "Commercial" for two
properties. The first property is tax lot #106 and is located north of Hillyer's Lane and located
south of Newberg Hwy and located east ofS. Woodland Ave. The second property is tax lot
#107, which is located south of Hillyer's Lane and located also east of S. Woodland Avenue and
south of Newberg Hwy.
The applicant is also requesting Design Review approval for an auto dealership for auto display
and sales. There are no buildings proposed with this application. The applicant is also requesting
Sign Design Review to allow for two (2) 50 sq. ft. pole signs 15 feet in height to be located on the
two properties.
The subject properties are currently designated Industrial and the properties located to the west
and to the south are also zoned light industrial and designated Industrial on the Woodburn
Comprehensive Plan ~lap. Industrial businesses are located on those properties. \Vinco Foods,
Inc. DIstnbutIon Facility is located to the south of the subject properties. The property located to
the east of tax lot ::1106 & if107 is zoned Commercial General (CG), designated commercial on
the \Voodbum Comprehensi\e Pbn Map and is the location of the eXIsting Hillyer Ford
Dealership. The properties located to the north across Newherg lhvy are also zoned CG,
deSIgnated Commercial and are the locatIOn of commercial businesses. There is an auto
deakrshlP located to the north across 0l'ewberg Hwy.
The Wineo Foods, Inc. Di~tnbution Facility consiskd of the subject properties and \vas included
as a part of their site. The Oregon Department of TransportatIOn (ODOT) closed the access on the
lIIll]Lr FurJ fkakr-,hlp SIde and created ;,mother access, which IS nmv HlIlyer's Lane. As a p;lrt
of that process. two partltlOn requests \\LTe submitted and approved by the Community
Dnt:lnpmcnt Dlrcl.:tor. The tlrst p;lrtltlOll reqUl.:st l.:reated tax lot #106, whIch is located north of
Plc/ll/li/lg CIJII/II/ilsio/l ,\/..:C!!i/lg .Iuh 13. :!t)06
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Hillyer's Lane and is surrounded by streets. The second partition request was the southern parcel
tax lot #107. Both properties are currently vacant The partition of the northern part of the Winco
Facility was due to Winco not needing any more land to expand.
The applicant is requesting that the Comprehensive Plan and Zone Change designation be
changed on the two subject properties from Industrial to Commercial. The applicant provided the
information and findings to justify the request.
The City is currently going through the Legislative Amendment process (LA 05-01) for the
Period Review/Urban Growth Boundary Expansion. It has been reviewed and approved by the
City Council and is currently going through the process with Marion County. The northern parcel
was designated to be changed from Industrial to Commercial because of Hillyer's Lane being
constructed and having streets on all sides. The smaller sides of the street of the property are not
conducive for Industrial development. Recommendation was that the property be changed to
Commercial.
The southern parcel was not included in the Period Review package that was submitted to the
City Council. The northern parcel of the Winco Distribution Facility, which is on the south side
of Hillyer's Lane, was attached to the parent parcel and was not analyzed as being a separate
parcel at that time.
Through staffs findings and analysis the applicant justified the Comprehensive Plan/Zone
Change, which is required due to the burden of proof by the applicant. Some of the items were
compatible with the applicant trying to expand the existing business on the two properties, which
are adjacent to each other and makes sense to expand the current location versus relocating to
another part of Woodburn to accommodate a larger facility. The applicant also reinforced the
streets on all sides of the northern parcel not being conducive for Industrial development. They
have worked with Winco Distribution Facility and Winco has expressed that they do not have a
need ofthe northern parcel for expansion because they are at full capacity.
All of the approval criteria was met by the applicant. There are no single-family residential uses
abutting the property. Commercial and industrial businesses abut the subject properties.
CommiSSIOner Jennings asked if the northern part of the subject property is part of the Periodic
Review Comprehensive Plan Map change that will change the northern parcel over to
Commercial.
Interim Community Development Director Zwerdling stated that the northern parcel will change
to a Commercial Use as a request of the Periodic Review process. The applicant is submitting a
separate request because the period review process is part of the Urban Growth Boundary
Expansion process. This expanded the process out by being reviewed and approved by the City,
County and State. Depending on appeals it could expand the time frame of the change. There
,vas no opposition to the zone change on the northern parcel in the periodic review process.
Vice-ChaIrperson BandelO\v asked about the proposed signs on each parcel and the current Sibrn at
the Hillyer site remaining and making it a total of three Si~,'l1S on the site.
Interim Commumtv Development Director Zwerdling stated that the Hillyer DealershIp is not
part ot'the Sign DeSIgn Revie\v application hccause it is an existing business and the two parcels
are :,cparate and don't dq)end on the parent pared. [he auto display uses, are allowed to na\e
t\\O more signs on each site.
Plunning CO/llmission ,\Iet:ling Julv /3. lOOn
Page: J oj / /
'... ,--
...
Slide #17
Shows the pIctures of the si te from southwest and northwest view.
Slide #22
Shows the existing dealership photo.
Interim Community Development Director Zwcrdling recommended approval of Comprehensive
Plan ~lap Amendment 04-02, Zone Change 04-03, Conditional Use 04-10, Design Review 05-03,
Si6'11 Design Review 06-06 subject to the conditions of approval that were included in the staff
report. She concluded the presentation and was available for questions.
Vice-Chairperson Bandelow invited the applicant to the podium for testimony.
Wallace W. Lien, 1775 32nd Place NE, Salem, 97303, the applicant. He stated that he agrees with
the staff report, He had looked at all of the conditions of approval and discussed them with the
architect and the engineer and everything looks in order.
One item that he mentioned was the time frame of the Legislative change, which was filed two
years prior and the thought process was that it would be processed and approved prior to the
Periodic Review item with all the studies and changes from OOOT, OLCD and BLI happening
during that period of time. The basic parcel # 1 06 has already gone through the entire analysis, is
approved and will happen.
The map shows the Winco Distribution Facility property, tax lot #100, and originally anticipated
to be needed for the truck facility. The north section is left over. The Winco Distribution Facility
had looked at the northern part of the site and are satisfied that they are not in need of that parcel.
There is an access issue that gives rise. When the site plan was developed for the current Ford
dealership, about 25% of the Hillyer property was taken by ODOT, during the site planning
review process for a detentiun area for the new interchange. What was originally designed for
display storage is now an open hole in the ground.
There are two situations at hand. The access at Hwy 214 is completely gone and a new access
was created on the newly built Hillyer Lane. Also the display space is no longer available.
In the analysis done of the surrounding dealerships, all are about 15%-30% larger than the Ford
dealership. In order to maintain competition, it would be more feasible to include the two parcels
for additional use. The space WIll be for display storage for now and it may be built on later. One
of the requirements in the code for parking is to have 50 spaces available and in an open area like
the deakrship, it IS very easy to meet the requirement.
y Ice-Chalrpcrson Bandelow invited Proponents of the project.
Vice-Chairperson Bandelow invited Opponents of the project.
Don Kellev, 110~. Second Street, Sdverton, 97381, attorney for Dale Baker. i\lr. Baker is not
available to personally address the Planning Commission. Kelley requested that further
testU110ny be allLlwed afta the Planning Commission meding by way of continuing the heanng
uncc more ur by k:.i\ mg the \Hltten fe-cord open for \Hltten submittal. The reasoning for the
request IS that the app] ieant, the applicant" s attorney and Kelley had not reached an
understa:lJlIlg.
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Pagf! .f otl]
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After v1t~wing the materials of the record and making a few notes he was not prepared to address
the Planning Commission. He made general comments in regard to the materials provided.
The status of the application and legal technical requirements must be met. There are some
criteria in the statT report where findings are absent and where the findings are circular. The
tindings that are met are not supported in the record. There must be substantial evidence in the
record supporting each finding.
Ownership of the property shows two deeds. One is deeded to Hillyer Ford and the other is
deeded to Waremart, Inc. The status of Hillyer Lane is of question and ODOT's practice with
private roads subject to regulation other issues are traffic impact and air quality.
During the Periodic Review process, both parcels were not submitted to have zone change to
Commercial. There is no mention of the impact of the residential area. There is a call into
question about the Industrial, Commercial and Residential zones of this area for the needs of the
community. This property being Industrial could be cause for concern for the community. Part of
the Planning Commission review is to look at the surrounding areas and in the vicinity of the site
property .
Kelley asked the Planning Commission if there would be a decision made to continue the hearing.
Commissioner Jennings requested to know what is the objection of the opponent.
Kelley stated that Dale Baker was not present and he was not prepared to respond to the question,
He also stated that the request would be to deny the applications, so that commercial use cannot
be made of the subject properties.
Vice-Chairperson Bandelow asked the Assistant City Attorney Stuart about answering the request
to the continuance and if the decision to continue the hearing is decided by the Planning
Commission.
Assistant City Attorney Stuart stated that an answer to the request did not have to be made.
Kelley stated that he wanted to avoid n:ading a submitted seven-page report. He stated that an
ORS 197 provision entitles a continuation of a hearing or seven days as a minimum to submit
additional material in writing.
He supplicd copies of the sevcn-page report to the Planning Commission.
Commissioner GrosJacQues asked about the distance of the Dale Baker property and its location.
Kel1cv :5tated that it is locatt:d across the state highway.
He further stated that the objection 1:; that the criteria have to be met and the burden of proof is on
the applicant to meet each criterion. The City should have findings showing that the burden has
been met, which is supported by substantial evidence In the record.
L<:Lmn]15sl.Qncr VancIl ash:d Kelley if the "amc law firm he represents was the same one that
requc"tcJ the contll1uance on the June 22. 2()06 Planning CommISsion meeting. He is now
rcquc"tll1g ;In addItIOnal continuance.
Pllll/ning CU/Il/lli.\sion J/edil/g July /3. ]O(}r;
Page 5 of 11
'" '.,.,.
..
Kelley affirmatively responded that he did represent that law tirm. He stated that he was not able
to attend the previous meeting and his associate submitted the continuance of the hearing.
Commissioner Jennings stated that the matter between the applicant and the opponent on what
was discussed prior to the hearing is a civil matter and it is not the Planning Commission burden
to regulate a business transaction.
Vice-Chairperson Bandclow stated that the objections are referencing the staff report and Kelley
has had ample time to address the issues with staff and with prior discussions with the applicant's
attorney there would be an agreement. The staff report has not changed since the continuance.
There has been adequate time to address any of the facts and findings.
Kelley stated that the objections are the burden of proof on the applicant's behalf. The process of
the code states that criteria have to be met and the staff report shows that they are not being met
and his report states the deficiencies in the staff report.
Vice-Chairperson Bandelow invited additional opponents. None.
Vice-Chairperson Bandelow invited the applicant for rebuttal.
Lien stated that the statute does state that the opponents are allowed one continuance which was
granted at the June 22, 2006 Planning Commission meeting. The statues state that if new
evidence is submitted into the record, then an opponent may request a continuance. A brief can be
submitted to the City Council if the Planning Commission makes a recommendation to move
forward with the project.
Vice-Chairperson Bandelow closed the hearing and opened the discussion amongst the Planning
Commission.
Commissioner Jennings stated that he heard no objection as to why not to proceed with approval
of the project.
Commissioner Vancil stated that he did not agree with continuing the record further two more
weeks and will support the land use proposal.
Commissioner Hutchison stated that the proposal was in order and is in favor of the approval. He
also stated that any opponent has the opportunity to present issues with the City Council at their
meeting.
Commissioner Grigorieff stated that there are no concrete objections from the opponent and
would vote in favor 0 f the approval.
('ommi~sioner GrosJacqucs made a motion to approve Comprehensive Plan Map Amendment 04-
02. Zone Change 04-03, Conditional Use 04-10, Design Review 05-03, Sign Design Review 06-
06 ""Ith staff's facts and findings to support the decision, seconded by CommIssioner Vancil.
ROLL CALL
Chairperson
Vice Chairperson
Commissioner
Commissioner
Lima
Bandelow
Gros,Jacques
Vancil
yes
yes
yes
Pf.lIlllillg COIIIIlIl.I.I'iol/ J/i!L!til/g July J 3. :!(}06
Page 6 of I I
Commissioner
Commissioner
Commissioner
Grigorieff
Hutchison
Jennings
yes
yes
yes
Interim Community Development Director Zwerdling commented that a Final Order for approval
of Comprehensive Plan Map Amendment 04-02, Zone Change 04-03, Conditional Use 04-10,
Design Review OS-03, Sign Design Review 06-06 has been prepared.
Commissioner Jennings moved to accept the Final Order for approval of Comprehensive Plan
~lap Amendment 04-02, Zone Change 04-03, Conditional Use 04-10, Design Review OS-03, Sign
DesIgn Review 06-06. Commissioner GrosJacques seconded the motion, which passed
unanimously.
B. Design Review 06-02, Variance 06-04 & Exception 06-01, Request for design review approval of
a 3,888 square foot alcohol manufacturing plant located at 1501 NE Industrial Avenue in the
Industrial Park (IP) zone, Mihai Talvan, applicant.
Vice-Chairperson Bandelow asked the Planning Commission if there are any exparte contacts,
conflicts, challenges or declarations. None.
Associate Planner Pike-Salas read the appropriate ORS and continued with the Staff Report.
STAFF REPORT
Associate Planner Pike-Salas proceeded with the staff report with a Powerpoint presentation.
The applicant is requesting a Design Review to construct a 3,888 sq. ft. alcohol manufacturing
plant at 1501 NE Industrial Ave. in the Industrial Park (IP) Zone; variance approval to boundary
and connecting street requirements for Industrial A venue and acceptance approval not to
construct a sidewalk on the west side of National Way.
Slide #2
The subject property is zoned Industrial Park (IP) and designated Industrial in the Comprehensive
Plan Map. The surrounding properties to the north; south across Industrial Avenue; east and west
across National Way are zoned IP and designated Industrial in the Comprehensive Plan Map. The
property to the north is developed with Adwest Supply. The property to the south is developed
with the Department of Motor Vehicles (DMV). The property to the east is developed with
Affordable Auto Wholesale. The property to the west is developed with Fleetwood Homes. The
subject site is located outside the 500 year FEMA flood plain and no wetlands are located on the
subject site.
Slide r: 3
The bulldmg will have materials consisting of ground face block in castle white and split face
block in natural color: metal In naturalllmsh color; copper metal pands and glass will be utilIzed
10 front of the building.
srid..: ::../
PlillIJ/illg CU/llIlli,I.\'iuJ/ ,Heelillg Jill,. 13. :;OO(j
Page 7 of II
"', .........,
Six tall windows and skylights protrude from the building to offset the continuous rooftop plane
and create an interesting design clement. A rooftop garden is proposed to screen necessary
rooftop equipment from the abutting streets.
Based on the information in the staff report, the information provided by the applicant and the
applicable review criteria, tindings required to approve Design Review 06-02, Variance 06-04
and Exception 06-01 can be made. Staff recommends approval of the hearing subject to the
conditions of approval listed in the staff report.
She was available for any questions.
Vice-Chairperson Bandelow asked the Planning Commission, if they had questions for the staff.
Vice-Chairperson Bandelow invited the applicant for testimony.
Mihai Talvan, 15156 SW Turquoise Ct., Beaverton, the applicant and the owner of the subject
site. He stated that he went through the process and submitted the applications. He worked with
the architects to develop the site plan. One building is proposed now, but in the future, it could
expand and he wants to take advantage of the opportunities for Woodburn's growth potential.
V ice-Chairperson Bandelow asked the applicant to further explain the type of business of Li l' Bit
Distillery .
Talvan explained that the product is a fruit brandy. The process is cooking the product in a steel
pot, the fruit is added, distilled and then bottled. There will not be a taste testing facility on the
premIses.
Vice-Chairperson Bande/ow asked if the distribution is done with a wholesaler.
Talvan stated that he would work with the Oregon Liquor Control Commission for distribution
purposes and will insure the legal transportation of alcohol and sales into other states.
Vice-Chairperson Bandelow asked if this was the tirst distillery.
Talvan stated that it IS the first brandy distillery corporation he has operated. He would operate
the busmess like Clear Creek Distillery in Hood River with fruit flavored brandy.
Commissioner Jennings inquired about the amount of jobs created in the area.
Talvan stated that for the first two years in this facility, the company would employ tive people.
If an expansion happens and a second building is constructed, then it would maintain the same
number of employees. After a pOSSIble 10-year span it could consist of 50-60 employees because
of oftice space. .\t thiS point, since the company is just starting, it will be for manufacturing
purposes only.
V Ice-Chairperson Randelow asked the Planning Commission if they had any further questions or
comments for the applicant.
\l~~t:::(JblJ!.l2.e..r:".Il!lJ~aq~iclo~'{ ir1'vltcd proponents of the applicatIOn.
[)~~sllhnman. Decca .\rchlkets. 935 SE Akkr St., Portland. Hinman stated the applicant's
vISIOn of the prouLlct and the factllry \\ere IInportant and he dH.l nut want a typical industrial type
PltJJ1l1illg ('oll//Ilissioll Met![illg Jult 13. ]006
Page 8 of II
buIldmg. The applicant wanted to express a quality of the product that will be produced. The
building will have sustainable features such as a green roof for high-energy efficiency and potted
plants on the property. The copper on the face of the building has a warm effect, but also makes a
reference to the type of business. The process of the distillery will be viewed through glass
windows.
Vice-Chairperson Bandelow invited other proponents. None.
Vice-Chairperson Bandelow invited opponents of the proposal. None.
Vice-Chairperson Bandelow closed the hearing and opened for discussion amongst the Planning
Commission.
Commissioner Vancil stated that it looked like a great addition to the City.
Commissioner Hutchison stated that the sidewalk issue actually adds value to the Industrial area.
In industrial areas having the sidewalk requirement will make the property look great.
Commissioner Grigorieff stated that she saw no problems with the project.
Commissioner Jennings made a motion to approve Design Review 06-02, Variance 06-04 and
Exception 06-01 with staffs facts and findings to support the decision, seconded by
Commissioner GrosJacQues.
ROLL CALL
Chairperson
Vice Chairperson
Commissioner
Commissioner
Co m missioner
Commissioner
Commissioner
Lima
Bandelow
GrosJaeques
VaneH
Grigorieff
Hutchison
Jennings
yes
yes
yes
yes
yes
yes
Interim Community Development Director Zwerdling commented that a Final Order for approval
of Design Review 06-02, Variance 06-04 and Exception 06-01 has been prepared.
Commissioner GrosJacques moved to accept the Final Order for approval of Design Review 06-
02, Variance 06-04 and Exception 06-01, Commissioner Vancil seconded the motion, which
passed unammously.
ITEMS FOR ACTIO;\l
:\one.
DISCl"SSIO:'llITK\IS
Randy Rohman, Public Works Trnnsit :'vlanager. He stated that he was available to ans\\er
questions. if the Planning CommIssion had any.
Pl'lIIning COII/I/lissio/l .tfL'..:ting Jill"" 13, :;006
Page Y oj II
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VIce-Chairperson Bandelow asked why the streets in Senior Estates are being paved once more,
when it did not appear to be in bad shape compared to other city streets that are almost
Impassible. What are the criteria for prioritizing street improvements or repairs in the city?
Rohman stated that the primary need is determined by a contract with Marion County regarding
pavement maintenance evaluation. :'V1arion County comes to the area and reviews the pavement
maintenance factors and grade the streets. Public Works then works with the criteria presented.
~tost of the streets in Senior Estates have not been resurfaced, since they were initially
constructed. It may seem that the repairs are not necessary when viewed from a car, but upon
walking on the street, they are in need of the servIce.
Commissioner Vancil asked where Hayes St. is on the list based on the evaluation.
Rohman stated that Hayes St. needs curbs and sidewalks and is on the list of projects. South Front
St. for multiple years was in a situation where re-surfacing was not an option, therefore the type
of improvement needed was reconstruction.
Eventually, many streets in the downtown area will need reconstruction as opposed to just re-
surfacing and the evaluations provide that criteria. The next project on the list is North front St.
for reconstruction.
Commissioner GrosJacques inquired about the gravel streets in the city limits.
Rohman stated that Tout Street, Elm Street and Carol Street are on the list. No-Name Street and
Lincoln Street have been completed. Most are being done through local improvement districts.
The extension of Wilson Street is high on the priority list.
Brown Street will receive storm drain work. It may also be a part of the Boones Crossing sewer
work.
Commissioner Vancil asked about the comer of Hayes and Cascade and the damage caused in
that area and will improvement happen within the next five years.
Rohman stated that it is a project possibly scheduled after North front Street.
The goal is to do a mile and a hal f of resurfacing each year. The targets are those streets that need
the resurfacing before they start to decline.
Vice-Chairperson Bandelow stated that the improvement is appealing to the neighborhood by
addmg curbs and sidewalks and adds to the city.
Commissioner HutchisQ..!l stated that one issue in the Hillyer application was the public road
Hillyer's Lane.
Rohman stated that Hillyer's Lane is a public right of \vay that is about 60 feet wide. It is owned
by OOOT, ]s a public stred and the city aSSUlm:s maintenance of it. Tht: stred \vas built by
ODOT :h:cordmg to CIty stn:d standards. It functions as a city street similar to Arney Rd., \v hich
IS 0001' right of \vay.
(~nmnl!Y.;LQner~'al~ ashJ about thc area e~bt ufthe [-5 Frec\vay, where the prcvlOUS \Vcnuy's
Re~taurant used to be. [t looks \cry un-kept and IS it the City's n:sponsibility for maintenance'!
Plul/t1il/g COII/missioll Meding Jilly I J, :;O()()
Page f() of II
.. , "......
Rohman stated that the area will be cleaned up in the next couple of weeks. [t is a cooperative
plan with ODOT and the City. The future of that area is a park and ride lot. A project
management team is being formed to determine the future of it and will include landscaping and
lightmg. It will require a land use action. The south side will be impacted by the interchange and
modernization.
Commissioner Hutchison stated that it is a negative face on the city.
REPORTS
A. Building Activity Report for May 2006. No comments made.
Vice-Chairperson Bandelow statt:d that numbers look great.
B. Planning Tracking Sheet.
Interim Community Development Director ZwerdJing stated that there are no items for the second
meeting in July.
BUSINESS FROM THE COMMISSION
Commissioner GrosJacques moved to cancel the Planning Commission meeting for July 27,
2006, seconded by Commissioner Vancil, motion passed.
Commissioner Vancil inquired about the new Community Development Director and his start
date.
Intt.:rim Community Development Director Zwerdling stated that he would commence on
Monday, July 17,2006 and on Wednesday, July 19 at 3:00 pm is an Open House to welcome the
new Director.
Commissioner Jennings commented about the landscaping being done on the Wellspring Hospital
site.
Vice-Chairperson Bandelow stated that It is looking like a good construction site with a nice
change from before.
AD.JOC~'i"IE~T
lommlssioner GrosJacqucs moved to adjourn the meeting. Commissioner Jennings seconded the
motJOn, which unanimously camed. ;..1eeting adjourned at 8:27 pm.
APPROVED
Date
CLAUDIO LIMA, CHAIRPERSON
..\ [TEST
- -- -..----. ._._-_._---------~- --_._-~_.._.__._-_._--_._-_._~~----
JIm At:en DOlte
Community Development Dm:ctor
<. 'ity ot \V ooJburn, Oregon
PI'lIIllillg ('U/llIlliSSIUIl ,\feding JlI(V 13, ::OO() Page II (if'll
,.,. '.....' '.'
".. .'
ATTACHMENT 0
OBJECTIONS TO
COMPREHE~SIVE PLA~ MAP AME~DMENT 04-02,
ZONE CHANGE 04-03,
CONDITIONAL USE 04-10,
DESIGN REVIEW 05-03
AND
SIGN DESIGN REVIEW 06-06
Dale Baker hereby objects to each and every one of the above land use applications. It
should tirst be noticed that many of these applications are interdependent. The applications build
on each other. In other words, if the Comprehensive Plan Amendment fails, the Zone Change,
Conditional Use, Design Review, and Sign Design Review all fail.
COMPREHENSIVE PLAN MAP AMENDMENT
1. The staff report indicates that Tax Lots 106 and 105 were originally designed to
provide a large enough tract of land to attract a significant industrial user. There is no substantial
evidence in the record to support this position.
2. The staff report states that WINCO did not need and could not use the entire site.
There is no substantial evidence in the record to support that position.
3. The applicant admits that the Comprehensive Plan is not in error other than,
perhaps, "philosophically".
4. The applicant argues the "highest and best use of the property". That is not a
criteria.
5. The Staff Report states that the tracts are too small and too irregular in shape to be
used for industrial purposes. There is no substantial evidence in the record to support this
position. There are many industrial uses which could make use of these sites and, in fact, Mr.
Baker believes that there are many industrial parcels in \Voodburn and thl;: surrounding
communitit:s \\hich arc this size or smalkr.
6. [t appears from the location and design of Hillyer Lane, that the applil.:ant had
some input into the location and design of Hillyer Lane. As such. he cannot now be heard to say
that th~ lucation ~lI1J shape l)1' Hillyt:r Road creates a reason for d1anging the Cl)mprdh:nsiv~
1>L1I1 \lap ur th\2 LlH1ing.
[>a~\2 1 - Obj.:ctiu\1s >c. ,..' ..' v",. . '" I', :,)
".' , .""" '.'
7. The staff report cites that the site is hampered by the existence of a detention
basin. The existence of the detention basin has the same negative effect on the commercial use
of the property as on the industrial use. It is not a reason for a comprehensive plan change or a
zone change.
8. The staff report states that Tax Lot 106 is proposed to be changed from Industrial
Commercial as part of the periodic review of the Woodburn Comprehensive Plan, The
application, however, must be judged as of the law on the date of the application, Further, the
Comprehensive Plan is most likdy to be appealed and, in such an appeal, the industrial portion
will likely be challenged.
9, Whether or not the WINCa Foods site is currently built out as proposed in the
staff report, the needs of WINca Foods or of subsequent owner may be different than the
current situation. The question is not whether anyone considers the site to be currently built out,
but whether the site can be used for industrial purposes.
i~ ~;p}
10. The staff report states that Goal 2 is complied with because the WC~MWDa are
acknowledged. This ignores the fact, however, that the applicant is seeking a change in the
WCP~Da and that neither change is acknowledged, There is no substantial evidence of
compliance with Goal 2.
11. There is no substantial evidence in the file to indicate that there are natural
resources on the property,
12. The Staff Report states that this development will not create any emissions. By
its nature, an automobile dealership operates automobiles, both in moving the automobiles
around on the site, on test drives, and on customer trips. This is an area susceptible to emission
problems from automobiles given the location of the freeway and the Company Stores. An air
quality study should be required.
13. Given the proposed use of the property, a study of the storm water system and
how \\'ater quality will be protected against leaks and spills of automotive tluids, including gas,
nil. transmission tluid, ~tc., should be required, These substances arc typically \vashcJ into
storm drain syst~ms and, given the proposed use, would seem to be concentrated on such an area.
Pag..: ::: - Obj..:ctiolls" B.,,<,,"<~"'; , ",,,...,. >J,', , .; :... "I
..,1......,... .'
14. Whether or not th~re are identified wetlands on the property is not the question.
The applicant must demonstrate that there are no wetlands on the property,
15. The subject property would be an ideal location for a public park given the
surrounding area. There is no demonstration in the staff report or the applicant's statement of
where the nearest public park is nor is there is a study of the desirability of increasing the density
of use versus providing for this recreational need at this location.
16. Compliance with Goal 9 would require an inventory of industrial parcels in the
City as well as their availability in sizes, The primary economy in Marion County is the farm
economy. This location would make an ideal site for a farm related welding or repair shop,
17. All of the applicant's arguments with regard to Goal 10 (Housing) are equally
applicable to a change to the CG Zone, There is nothing about the existing sites which would
make them inappropriate for a high density housing site similar to, though smaller than, the ones
existing on the other side of the freeway and in the same general type of an area,
18, With regard to Goal 12, this 1-5 interchange is one of the worst in the Northwest
and regularly has traffic backed up in many directions, Whether the transportation system is
brand new or not, it is dysfunctional. The implicit purpose of this application is to increase or to
continue to maintain existing traffic. Without a traffic impact analysis, no finding of compliance
with Goal 12 can be made. There is no basis for the statement that only a slight increase in
traffic will result. The City cannot make a finding of substantial evidence to support such a
proposition without a traffic impact analysis,
19. All of the above arguments apply with regard to the requirement of compliance
with the Woodburn Comprehensive Plan and its Polices and Goals.
20. The applicant and staff analysis discusses only the use of the subject property
v"ithout recognizing the impact that it will have on the existing Hillyer site in terms of water.
SI.:\ver, stonn drain and other public service needs. Because the intcnt is to increase traffie to thc
Hill)~r facility. all propertie~ involved should be studied.
21. \Vhether or not consolidating the Hillyer operation in this location will eliminate
traffic trips depends on \\-hae those trips \\/ould initiate, both for cmployees and cUst()m~rs.
lhere is no c\ iJcncc in the tile as to \\here the customers or cmpl\.))ces come from. so em)'
Pag~ 3 - Obj~ctions. ,.l..", "'.: 1 ,;,- c,,'" 11,,, -; :': ,L"I
".~. , ~...... ...,.,
tinding of a reduction in trips by consolidating the Hillyer operation is without substantial
evidence in support.
22. There is no indication of where in the WCP the document indicates a preference
to locate this type of gro\vth in any given area.
23. The staff report sites the applicant as stating that the City should have sufficient
land to accommodate the retail needs of the City and the surrounding market area. Neither the
existing nor proposed Comprehensive Plan recognizes a need for both of these parcels,
24. It cannot be stated nor is it supported by evidence that this area is already
committed to commercial uses given the nearby industrial, public and housing uses.
25.' Granting this application could very well require a change in the other parcels
planned for commercial use in the proposed and existing Comprehensive Plan, Presumably, any
deficit identified is made up for in the new Comprehensive Plan without the two existing parcels.
26. The fact that this property has sat idle for over twenty years is not indicative of
whether it was properly zoned. More to the point, it reflects the desires of the owner of the
property at any given time as well as the local economy.
27. There is no evidence in the record to support the statement quoted to the applicant
in Lhe staff report that this application will not adversely the deficit of industrial lands. By
definition, if we remove industrial lands from the inventory, we have adversely impacted the
amount of industrial land available.
ZONE CHANGE
1. All of the above arguments are incorporated into this section as well.
2. The application and staff report provide no evidence proving a need for the
proposed use and the other permitted uses within the proposed zoning designation. In fact, there
is no discussion :1t all of the other permitted uses within the proposed zoning designation.
3. [his area is not recognized as an existing commercial area in the \VCP,
4. \Vhik the City has just completed the periodic review of its Comprehensive Plan,
unl1' unc ufthcsc PLlrcds was slated for a change. The other parcel, \\ill of nt:ccssity he invol\ cd
Page -l - ObjcdioIlS,d,",e, .<". ;')".cd, ,I>, ~" I; : "i
.... ........ ,..
in the likely appeal ofthc proposed Comprehensive Plan because ofthe involvement of the large
block of industrial property south of the subject property,
5, The existence of a design review process does not satisfy the need for a current
n.:vicw of permitted commercial uses. That determination must be made currently in conjunction
\\ ith this application.
6, The staff report quotes the applicant as stating that "no other site has all the
attributes of this site for cunversation to CG." Without listing what other sites are available, this
statement is without foundation. There is no delineation of what the attributes of this site are that
are being compared to other sites,
CONDITIONAL USE
1, All of the above arguments are incorporated into this section as well.
2. There is no real discussion of all of the surrounding properties, their uses, sizes,
needs and deficiencies, Without comparing all of those to the proposed use, the finding
proposed under Section 5.1 03.01 (B)(3) cannot be made.
3. Without a discussion of the capacity of the existing City systems, including but
not limited to, water, sewer, storm drain, and traffic, the statement made by the applicant and
staff that the expansion will require little in the way of infrastructure, is without the support of
substantial evidence. The staff even notes that "a hydraulic analysis will be required." Without
that hydraulic analysis, the City cannot know whether or not there are sufficient facilities.
4. There is no discussion of the suitability or adequacy of pedestrian facilities.
5. There is no discussion of whether there is sufficient fire protection service other
than to indicate that the Woodburn Fire District may require more than what is now present.
6. With regard to the impact of the proposed use on the quality of the living
-:nvironmt..:nt, neither thc staff nor the applicant has identitied a study area.
7. With regard to noise, the staff rcport ignores the cumulative impact of similar
1101S-:S.
8. Thc staffrt..:port rdit:s on the QPplicant's statcment that the parking lot lighting
\\ ill be designed not to adversely impact adjoining property o\\.n~rs. There is no discussion of
rag\.: 5 - Objcdions- ,:\,~,,-,.',. I;-c)" ,,' .', lh :J'O)
the types of adverse impact from lighting nor their effect on surrounding properties, most notably
the motel across the street.
9, The hours of operation are not stated and there is no delineation of the impact
area. There can, therefore, be no supported Ending concerning the impact of the hours of
operation,
10. There is no discussion of other than commercial or industrial uses in the area,
11. The staff report disingenuously states that there is no issue with air quality since
there is nothing more than car emissions being generated. As above, increased car emissions
\vould be expected. Without a study in the record of the proposed increased car emissions, no
supported finding of air quality can be made,
12. Again, there is no study area designated so it is difficult to measure the impact on
aesthetics with regard to residential uses, The neighboring Industrial Zone has a higher standard
of esthetic protection, both for the neighbors and for pedestrian and vehicular passersby, The
staff report and the applicant failed to explain how the proposed commercial use can meet the
aesthetic standard of the current vacant property or the same property developed for industrial
use.
13. There is no discussion of pedestrian traffic on the south boundary of Hillyer Lane.
14. There is no discussion of how the proposed conditions regarding landscaping,
I ighting, and paving will insure compatibility of the proposed use with surrounding uses. No
study area is described and no issues of compatibility are discussed.
DESIGN REVIE\V
1. All of the above arguments are incorporated into this section as well,
2. ~o discussion is made as to whether Hillyer Lane is a public street or a private
str~et o\\ned by OOOT. If Hillyer Lane is a public street, than the properties have access from
th~ public strcd system. [1' it is a private street scparatdy o'v',ned and regulated by OOOT, then
then: is no public str~ct access to the t\\O subject properties.
Pagt: 6 - Obj~ctions"",,,,,,,,,,,:,,,,,,';lh-- . ...)
'..1.' .,,""' ....'
3. There is no evidence in the record indicating why the staff believes that the
proposed development is not anticipated to general 100 or more additional peak hour trips or
1,000 or more additional daily trips within tcn years of the developmcnt application.
4. It is not clear whether the required parking spaces are met by display spaces to be
used by the deah:rship.
5. There is no explanation of why no off street loading spaces are required. There is
no necessary tie to the existence of buildings on the property and the need for off street loading
facilities.
6. There are nearby residentially zoned properties and residentially used properties.
There is no indication in the record regarding the ability of on-site lights to reflect into the
residentially zoned and used properties nor to the glare and general illumination caused by such
lighting,
7, There is no discussion of how the submitted landscaping irrigation plans meet
City standards.
SIGN PERMIT
1, All of the above arguments are incorporated into this section as well.
2. Since the proposed use is in conjunction with the adjacent use, a discussion and
evidence of the design consistency with the architectural style of the main building or buildings
is required.
3. Sign colors and materials should be consistent with the color scheme and
materials used in the main buildings on the current Hillyer business and there should be a
discussion of how those relate to each other.
4. A finding needs to made that no highway reflective materials will be used in the
:;\gn. That tinding needs to be supported by a substantial evidence in the record.
D1\ TED this _h day of l-;.I!-' i , 2006,
.r
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\),1\/\.,.1.( idi -It!)jl/;,~'/
.,j _11);( ( . - {'" ,','
Donald \;1. Kdky, OSB#74l70 /
. ~
.\ttornI.:Y tor Dale Bak~r .
P:.lg~ 7 - Obj":dions, d,,,,, .,'- .1 \,'.<d," D", : : 1 :'''1
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KELLEY · KELLEY · DOYLE
Attornrys and COJJnselors
110 NORTH SECOND STREET
SILVERTON, OREGON 97381
,\1\1','\ CO!)I'. SII,
TI'I.EI'IIO'-, I,' H7,'\-H(.71
August 14, 2006
* REC'D *
A TTN: Planning Director
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
AUG 1 4 2006
WOODBURN COMMUNITY
DEVELOPMENT DEPT.
Re: In the Matter of the Comprehensive Map Amendment 04-02m Zone
Change 04-03, Conditional Use 04-10, Design Review 05-03 and
Sign Review 06-06
Dear Planning Director:
Presented for filing today is a Legal Memorandum together with Written Objections.
Yours truly,
KELLEY · KELLEY · DOYLE
.. J /' (\
\'/\, !,\ _n (hl /1/. ~I )
jJ~\;~ VV'\, ~{
DONALD M. KELLEY \J
DMK:msk
Enclosures
pc: Dale Baker w/enc.
Wallace W. Lien w/enc.
N. Robert Shields w/ene.
,na"er ut,-lR> L1-Plal) Dlf Doc. 8/1412006'
.. 4'~""", ......
"* REC'O "*
2
AUG 1 4 2006
3
4
WOODBURN COMMUNITY
DEVELOPMENT DEPT.
5
6
7
8
9
BEFORE THE CITY COUNCIL
OF
WOODBURN, OREGON
10
11
In the Matter of Comprehensive Plan
Map Amendment 04-02, Zone Change
04-03, Conditional Use 04-10, Design
Review 05-03 and Sign Review 06-06.
LEGAL MEMORANDUM
)
)
)
)
)
12
13
14
15 1. Introduction
16 For the purpose of placing evidence before the City Council, Dale Baker submits his
17 objections to the above-named land-use applications. As an adjacent property owner, and a
18 resident of the City of Woodburn, Baker has the right to submit written objections and
19 provide testimony on the proposed land-use applications before the City Council. Together
20 with his specific objections, Baker submits this memorandum of law governing quasi-judicial
21 land-use decisions by local governments.
22 2. Burden of Proof
23 In local government proceedings where the governing body seeks to apply existing
24 general standards to a specific piece of property, the proponents of the change bear the
25 burden of proof on the issue of justification for the proposed changes. South of Sunnyside
26 Neighborhood League v. Board of Comm 'rs of Clackamas County, 280 Or 3, 11, 569 P2d
Page 1 - LEGAL MEMORANDUM-(Baker-06-06-18j-Me-CounciIDoc-8IJI2006)
KELLEY, KELLEY. DOYLE
Attorneys and Counselors
110 NORTH SECOND STREET
SILVERTON, OREGON 97381
(503) 873-8671
.. ,.,~
1063, 1071 (1977). The applicant therefore bears the burden of proof on all applicable legal
2 standards raised by the application.
3 This is a combined application for a Comprehensive Plan Map Amendment, Zone
4 Change, Conditional Use Permit, Design Review, and Sign Design Review. Because of this
5 combination, the application raises a number of criteria that must be reviewed to determine if
6 the application meets the standards and criteria. The applicant therefore bears the burden of
7 proof of showing that his application meets every single one of the criteria, or his application
8 must fail.
9 As to a Comprehensive Plan Map Amendment, the applicant must show: (1) proof
10 that the current Comprehensive Plan Map is in error; (2) substantial evidence showing how
11 changes in the community warrant the proposed change in the pattern and allocation of land
12 use designations; and (3) Substantial evidence showing how the proposed change in the land
13 use designation complies with Statewide Planning Goals and Oregon Administrative Rules,
14 complies with Comprehensive Plan goals and policies, and sustains the balance of needed
15 land uses within the Woodburn Urban Growth Boundary. The applicant fails to carry his
16 burden of proof as to the Comprehensive Plan Map change. As specifically enumerated in
17 the attached objections, the application fails to provide substantial evidence as to the
18 applicable criteria. As discussed below in Section 4, conclusions do not rise to the level of
19 being actual and substantial evidence. This application and the staffreport issued by the
20 City's planning staff are made up of almost nothing other than conclusions as to how the
21 proposed changes will meet the Comprehensive Plan, The applications contain virtually no
22 supporting evidence for the conclusions, leaving the Council with no substantial evidence on
23 which to base its findings. The Comprehensive Plan Map Amendment must therefore fail.
24 The same is true of the Zone Change application, To support an application for a
25 zoning map change, and applicant must carry his burden of proof as to: (1) evidence proving
26 a need for the proposed use and the other permitted uses within the proposed zoning
Page 2 - LEGAL MEMORANDUM-(Baker-06-06-1SS-Me-CouncolDoc-S/J/2006)
KELLEY. KELLEY. DOYLE
Allorneys and Counselors
110 NORTH SECOND STREET
SILVERTON. OREGON 97381
(503) 873-8671
...1<< ,.,"~ .'
19
20
21
22
7"
...)
24
25
26
designation; and (2) evidence that the subject property best meets the need relative to other
2
properties within the existing developable land inventory already designated with the same
zone considering significant attributes. Again, similar to the comprehensive plan
3
4
amendment, the applicant fails to provide actual proof sufficient to sustain his burden. He
5
offers only conclusions that are unsupported by any studies or other evidence concerning the
effect of the proposed land use on the area.
6
7
In addition, many of the conclusions offered by the applicant and echoed in the staff
8
report are contradictory. For instance, in arguing for his comprehensive plan amendment the
9
applicant states that "the more cars a dealer can inventory on site, the better that dealer's
10
odds of attracting the customer and retaining them for a sale." Staff Report, Page 6, quoting
11
application. Later, in arguing that the application meets statewide planning goals, the
12
applicant states "the purpose of the expansion is to provide more storage and display for the
13
existing customer base, not necessarily to attract new customers," Staff Report, Page 9,
14
quoting application. This inherent contradiction is not the only one to be found within the
application. The objections point to further contradictions and failures in the proof offered
15
16
for the application. Therefore, the applicant has not met his burden of proof, and the zone
17
change must fail.
18
For the conditional use permit, the applicant must show that: (1) the proposed use
shall be permitted as a conditional use within the zoning district; (2) the proposed use shall
comply with the development standards of the zoning district; and (3) the proposed use shall
be compatible with the surrounding properties. As pointed out in the attached objections,
because conditional use approval hinges on zoning, if the zone change application fails, the
conditional use application necessarily fails, Additionally, much as described above, the
applicant fails to meet his burden of proof as to the conditional use application. He offers
only conclusions about the "best" use and location, without offering actual and substantial
Page 3 - LEGAL MEMORANDUM- (Baker-06-06-18S-Me-Council Doc _ 8/3/2006)
evidence to support his arguments.
KELLEY. KELLEY. DOYLE
Attorneys and Counselors
110 NORTH SECOND STREET
SILVERTON, OREGON 97381
(503) 873.8671
..... .,...,." .......
Finally, as to the design and sign design reviews, the applicant bears the burden of
2 proving that his designs meet the applicable building criteria contained in the Woodburn
3 Development Ordinance, Because the application is unsupported by necessary elements of
4 proof, the design review applications must fail. Notably, the Staff Report recognizes that
5 further analyses and permits will be required from the state before any proposed use can be
6 approved. According to the staff report, the Public Works Department commented that the
7 existing storm sewer system is an ODOT facility, permits would be required from ODOT to
8 connect to the facilities, an on-site detention facility will be required, and a hydraulic analysis
9 will be required to be provided to the Public Works Department. Staff Report, Page 30.
10 These missing permits and analyses preclude approval of the design review at this
11 time. The required permits and analyses form the basis of the approval and, without them,
12 the approval cannot be had. The application is clearly deficient in that regard.
13 In sum, since the applicant has supported virtually none of his application with actual
14 and substantial evidence, as required by the Woodburn Comprehensive Plan and Woodburn
15 Development Ordinance, each and every application must fail.
16 3. Applicable Standards and Criteria
17 The applications at issue were received by the City on October 25, 2004, March 23,
18 2005 and May 31, 2006. Under the Oregon statutes, approval or denial of the application is
19 to be based on the standards and criteria at the time each application was submitted. ORS
20 227,178. This means that the lot line adjustment, Comprehensive Plan Amendment, zone
21 change and conditional use applications must be judged against the criteria and standards that
22 were in effect on October 25, 2004; the Design Review Application by the standards and
23 criteria in effect on March 23,2005; and the Sign Application by the standards and criteria of
24 May 31, 2006. The applicant may not now argue that the pending comprehensive and zoning
25 changes which were approved after the application was complete support his position. As
26
Page 4 - LEGAL MEMORANDUM- (Baker-06-06-185-Me-CouncilDoc - 813/2006)
KELLEY. KELLEY. DOYLE
Attorneys and Counselors
110 NORTH SECOND STREET
SILVERTON, OREGON 97381
(503) 873-8671
... ."""i ....
stated in the specific objections, those pending changes have no bearing on the decision on
2 this application.
3 4. Required Findings
4 Land use decisions applying existing law to specific pieces of property must be
5 supported by adequate findings of fact to permit review and by substantial evidence in the
6 record.
7 While no specific language or format must be used to make findings of fact
8 "adequate" that basic guideline is that the decision-making body must state what it believes,
9 after hearing and considering all the evidence, to be the relevant and important facts upon
10 which its decision is based. Mere conclusions are not sufficient to support a decision. South
11 o.fSunnyside Neighborhood League, 280 Or at 21,569 P2d at 1076 (1 977)(emphasis added).
12 Each and every decision made by the City Council regarding this application must be
13 supported by a statement of findings supporting the approval or denial. Additionally, the
14 decision must be supported by substantial evidence in the record. ORS 34.040.
15 When taken together, these two rules effectively mean that all land use decisions of
16 the types sought here require the Council to issue a decision stating what facts they are
17 basing their decision on, what evidence supports those findings of fact, and how the
18 application both addresses a public need and shows how the proposed use is the best way of
19 meeting that need. Nothing less than that full statement will provide for a meaningful
20 reVIew.
21 As noted above, in Section 2, neither the application nor the Staff Report allow a
22 finding that the application is supported by substantial evidence. The majority of the
23 application is made up of bare legal conclusions, unsupported by any facts. For instance, in
24 arguing that the comprehensive plan amendment is needed to correct an error in the
25 comprehensive plan map, the applicant states that "in a certain sense, it has historically been
26 anticipated that some or all of the pan-handle of Tax Lot 100 (which originally included Tax
Page 5 - LEGAL MEMORANDUM- (Baker-06-06-i85-Me-Councii Doc - 813/2006)
KELLEY. KELLEY. DOYLE
Allorneys and Counselors
110 NORTH SECOND STREET
SILVERTON, OREGON 97381
(503) 873-8671
",.........," ..,
Lot 106) would be used for commercial and industrial uses...." Applicant's Statement for
2 Consolidated Land Use Application, Page 8. However, the application offers no evidence to
3 support this proposition. The staff report on this aspect of the application merely concurs
4 with the applicant's statement, also without adding any supporting facts. These types of
5 conclusions and with the staff simply "concurring" run rampant through the record on the
6 application.
7 Another instance is the applicant's contention, again with facts or proof, that "this
8 tract is too small and too irregular in shape to be used for industrial purposes." Applicant's
9 Statement for Consolidated Land Use Application, Page 9. On the contrary, we requested a
10 list of industrial properties of2 acres or less in Woodburn from Ticor Title Co. Attached is
11 the list provided, which shows numerous industrial properties in that size range. Not only is
12 the application without supporting evidence on this point, it is simply wrong.
] 1 In short, a decision based on the record in this case would be inadequate to withstand
14 review. The applicant has not entered sufficient evidence into the record to support his
15 application, even though it is his responsibility to do so. The City's planning staff have not
16 added any factual support to the application, but often have simply agreed with the
17 applicant's conclusory statements. Since mere conclusions are not enough to constitute
18 actual findings nor are they enough to be considered substantial evidence, the City Council
19 has not been provided with sufficient tools to approve this application as submitted. Based
20 on all the evidence introduced, the Council must deny the application.
21 5. Conclusion
22 In considering this land use application, the Council must bear in mind the several
23 legal principles governing the land use decision-making process, First, the applicant has the
24 burden of proof on all issues raised in his application. He must show that the proposal
25 address a public need, and does not benefit only the single property owner and that the
26 proposed use is the best way of meeting the public need, Second, the applicable criteria and
Page 6 - LEGAL MEMORANDUM- (Baker-06-06-185-Me-CounciLDoc _ 8/3/2006)
KELLEY. KELLEY. DOYLE
Attorneys and Counselors
110 NORTH SECOND STREET
SILVERTON, OREGON 97381
(503) 873-8671
"'-""Wi' ..
standards are those in place under the Woodburn Comprehensive Plan and Woodburn
2 Development Ordinance as they existed on the date that each application was submitted. The
3 fact that a comprehensive plan amendment and certain zone changes are pending at the time
4 of decision, should not enter into the consideration of the application. Finally, in rendering
5 its decision, the Council must make adequate findings of fact and base its decision on
6 substantial evidence found in the record. Without those findings, no meaningful review can
7 be made of the Council's decision.
DATED this it-!- day of c1~
9
10
11
12
13
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15
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17
18
19
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26
,2006.
8
Page 7 - LEGAL MEMORANDUM- (Baker-06-06-185-Me-CounciLDoc - 8/3/2006)
KELLEY. KELLEY. DOYLE
Attorneys and Counselors
110 NORTH SECOND STREET
SILVERTON, OREGON 97381
(503) 873-8671
'...4'.' .......... """.
OBJECTIONS TO
COMPREHENSIVE PLAN MAP AMENDMENT 04-02,
ZONE CHANGE 04-03,
CONDITIONAL USE 04-10,
DESIGN REVIEW 05-03
AND
SIGN DESIGN REVIEW 06-06
Dale Baker hereby objects to each and everyone of the above land use applications. It
should first be noticed that many of these applications are interdependent. The applications build
on each other. In other words, if the Comprehensive Plan Amendment fails, the Zone Change,
Conditional Use, Design Review, and Sign Design Review all fail. All objections are
incorporated into all sections below insofar as they may be applicable.
COMPREHENSIVE PLAN MAP AMENDMENT
1. The applicant is shown as Winco Foods, Inc. The deed submitted with the
application shows Waremart, Inc. as the owner, There was no corporation authorized to do
business in Oregon by either of those names as of October 25, 2004, the date of the application.
2. It is not clear that any or all property owners have consented to these applications.
3. The staff report indicates that Tax Lots 106 and 105 were originally designed to
provide a large enough tract of land to attract a significant industrial user. There is no substantial
evidence in the record to support this position.
4. The staff report states that WINCO did not need and could not use the entire site.
There is no substantial evidence in the record to support that position.
5. The applicant admits that the Comprehensive Plan is not in error other than,
perhaps, "philosophically".
6. The applicant argues the "highest and best use of the property". That is not a
criteria.
7. The Staff Report states that the tracts are too small and too irregular in shape to be
used for industrial purposes. There is no substantial evidence in the record to support this
position. There are many industrial uses which could make use of these sites and, in fact, the list
Page 1 - Objections- (B.ker-05-01l-0bjeclion Doc - 8/312006)
......",... ........
submitted with these objections indicates that there are many industrial parcels in Woodburn and
the surrounding communities which are this size or smaller.
8. It appears from the location and design of Hillyer Lane, that the applicant had
some input into the location and design of Hillyer Lane. As such, he cannot now be heard to say
that the location and shape of Hillyer Road creates a reason for changing the Comprehensive
Plan Map or the zoning.
9. The staff report cites that the site is hampered by the existence of a detention
basin. The existence of the detention basin has the same negative effect on the commercial use
of the property as on the industrial use. It is not a reason for a comprehensive plan change or a
zone change.
10. The staff report states that Tax Lot 106 is proposed to be changed from Industrial
Commercial as part of the periodic review of the Woodburn Comprehensive Plan. The
application, however, must be judged as of the law on the date of the application. Further, the
Comprehensive Plan Amendment is most likely to be appealed and, in such an appeal, the
industrial portion will likely be challenged.
11. Whether or not the WIN CO Foods site is currently built out as proposed in the
staff report, the needs of WIN CO Foods or of subsequent owner may be different than the
current situation. The question is not whether anyone considers the site to be currently built out,
but whether the site can be used for industrial purposes.
12. The staff report states that Goal 2 is complied with because the WCP and WDO
are acknowledged. This ignores the fact, however, that the applicant is seeking a change in the
WCP and WDO and that neither change is acknowledged. There is no substantial evidence of
compliance with Goal 2.
13. There is no substantial evidence in the file to indicate that there are no natural
resources on the property.
14. The Staff Report states that this development will not create any emissions. By
its nature, an automobile dealership operates automobiles, both in moving the automobiles
around on the site, on test drives, and on customer trips. This is an area susceptible to emission
Page 2 - Objections- (Baker-05-013-0bjeclion Doc - 8/312006)
'... . ,~ .'(
problems from automobiles given the location of the freeway and the Company Stores. An air
quality study should be required.
15. Given the proposed use of the property, a study of the storm water system and
how water quality will be protected against leaks and spills of automotive fluids, including gas,
oil, transmission fluid, etc., should be required. These substances are typically washed into
storm drain systems and, given the proposed use, would seem to be concentrated on such an area.
16. Whether or not there are identified wetlands on the property is not the question.
The applicant must demonstrate that there are no wetlands on the property.
17. The subject property would be an ideal location for a public park given the
surrounding area. There is no demonstration in the staffreport or the applicant's statement of
where the nearest public park is nor is there is a study of the desirability of increasing the density
of use versus providing for this recreational need at this location.
18. Compliance with Goal 9 would require an inventory of industrial parcels in the
City as well as their availability in sizes. The primary economy in Marion County is the farm
economy. This location would make an ideal site for a farm related welding or repair shop.
19. All of the applicant's arguments with regard to Goal 10 (Housing) are equally
applicable to a change to the CG Zone. There is nothing about the existing sites which would
make them inappropriate for a high density housing site similar to, though smaller than, the ones
existing on the other side of the freeway and in the same general type of an area.
20. With regard to Goal 12, this 1-5 interchange is one of the worst in the Northwest
and regularly has traffic backed up in many directions. Whether the transportation system is
brand new or not, it is dysfunctional. The implicit purpose of this application is to increase or to
continue to maintain existing traffic. Without a traffic impact analysis, no finding of compliance
with Goal 12 can be made. There is no basis for the statement that only a slight increase in
traffic will result. The City cannot make a finding of substantial evidence to support such a
proposition without a traffic impact analysis.
21. All of the above arguments apply with regard to the requirement of compliance
with the Woodburn Comprehensive Plan and its Polices and Goals.
Page 3 - Objections, (Baker-05-01J-ObjectionDoc - 811/2006)
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22. The applicant and staff analysis discusses only the use of the subject property
without recognizing the impact that it will have on the existing Hillyer site in terms of water,
sewer, storm drain and other public service needs. Because the intent is to increase traffic to the
Hillyer facility, all properties involved should be studied,
23. Whether or not consolidating the Hillyer operation in this location will eliminate
traffic trips depends on where those trips would initiate, both for employees and customers.
There is no evidence in the record as to where the customers or employees come from, so any
finding of a reduction in trips by consolidating the Hillyer operation is without the support of
substantial evidence.
24. There is no indication of where in the WCP the document indicates a preference
to locate this type of growth in any given area.
25. The staff report sites the applicant as stating that the City should have sufficient
land to accommodate the retail needs of the City and the surrounding market area. Neither the
existing nor proposed Comprehensive Plan recognizes a need for both of these parcels.
26. It cannot be stated nor is it supported by evidence that this area is already
committed to commercial uses given the nearby industrial, public and housing uses.
27. Granting this application could very well require a change in the other parcels
planned for commercial use in the proposed and existing Comprehensive Plan. Presumably, any
deficit identified is made up for in the new Comprehensive Plan without the two existing parcels.
28. The fact that this property has sat idle for over twenty years is not indicative of
whether it was properly zoned. More to the point, it reflects the desires of the owner of the
property at any given time as well as the local economy.
29. There is no evidence in the record to support the statement attributed to the
applicant in the staff report that this application will not adversely the deficit of industrial lands.
By definition, if we remove industrial lands from the inventory, we have adversely impacted the
amount of industrial land available.
Page 4 - Obj ections- (Baker-OS-OIJ-Objection Doc - 8/3(2006)
t> . ........ """"
ZONE CHANGE
1. The application and staff report provide no evidence proving a need for the
proposed use and the other permitted uses within the proposed zoning designation. In fact, there
is no discussion at all of the other permitted uses within the proposed zoning designation.
2. This area is not recognized as an existing commercial area in the WCP.
3. While the City has just completed the periodic review of its Comprehensive Plan,
only one of these parcels was mentioned for a change. The other parcel, will of necessity be
involved in the likely appeal of the proposed Comprehensive Plan because of the involvement of
the large block of industrial property south of the subject property.
4. The existence of a design review process does not satisfy the need for a current
review of permitted commercial uses. That determination must be made currently in conjunction
with this application.
5. The staff report quotes the applicant as stating that "no other site has all the
attributes of this site for conversation to CG," Without listing what other sites are available, this
statement is without foundation. There is no delineation of what the attributes of this site are that
are being compared to other sites.
CONDITIONAL USE
1. There is no real discussion of all of the surrounding properties, their uses, sizes,
needs and deficiencies. Without comparing all of those to the proposed use, the finding
proposed under Section S.103.01(B)(3) cannot be made.
2. Without a discussion of the capacity of the existing City systems, including but
not limited to, water, sewer, storm drain, and traffic, the statement made by the applicant and
staff that the expansion will require little in the way of infrastructure, is without the support of
substantial evidence. The staff even notes that "a hydraulic analysis will be required." Without
that hydraulic analysis, the City cannot know whether or not there are sufficient facilities.
3. There is no discussion of the suitability or adequacy of pedestrian facilities.
4. There is no discussion of whether there is sufficient fire protection service other
than to indicate that the Woodburn Fire District may require more than what is now present.
Page 5 - Objections- (Baker-O~-0I3-0bjectjonDoc. 8/3/2006)
,~-.. , ....... ....
5. With regard to the impact of the proposed use on the quality of the living
environment, neither the staff nor the applicant has identified a study area within which to
measure the offending impacts.
6. With regard to noise, the staff report ignores the cumulative impact of similar
nOlses.
7. The staff report relies on the applicant's statement that the parking lot lighting
will be designed not to adversely impact adjoining property owners, There is no discussion of
the types of adverse impact from lighting nor their effect on surrounding properties, most notably
the motel across the street.
8. The hours of operation are not stated and there is no delineation of the impact
area. There can, therefore, be no supported finding concerning the impact of the hours of
operation.
9. There is no discussion of other than commercial or industrial uses in the area.
10. The staff report disingenuously states that there is no issue with air quality since
there is nothing more than car emissions being generated. As above, increased car emissions
would be expected. Without a study in the record of the proposed increased car emissions, no
supported finding of air quality can be made.
11. Again, there is no study area designated so it is difficult to measure the impact on
aesthetics with regard to residential uses, The neighboring Industrial Zone has a higher standard
of esthetic protection, both for the neighbors and for pedestrian and vehicular passersby. The
staff report and the applicant failed to explain how the proposed commercial use can meet the
aesthetic standard of the current vacant property or the same property developed for industrial
use.
12. There is no discussion of pedestrian traffic on the south boundary of Hillyer Lane.
13. There is no discussion of how the proposed conditions regarding landscaping,
lighting, and paving will insure compatibility of the proposed use with surrounding uses. No
study area is described and no issues of compatibility are discussed.
Page 6 - Objections-(Baker.05-0IJ-ObjeClion Do<; -8IJ/2006)
t>....., -.'
DESIGN REVIEW
1. No discussion is made as to whether Hillyer Lane is a public street or a private
street owned by ODOT. If Hillyer Lane is a public street, than the properties have access from
the public street system. If it is a private street separately owned and regulated by ODOT, then
there is no public street access to the two subject properties.
2. There is no evidence in the record indicating why the staff believes that the
proposed development is not anticipated to general 100 or more additional peak hour trips or
1,000 or more additional daily trips within ten years of the development application.
3. It is not clear whether the required parking spaces are met by display spaces to be
used by the dealership.
4. There is no explanation of why no off street loading spaces are required. There is
no necessary tie to the existence of buildings on the property and the need for off street loading
facilities.
5. There are nearby residentially zoned properties and residentially used properties.
There is no indication in the record regarding the ability of on-site lights to reflect into the
residentially zoned and used properties nor to the glare and general illumination caused by such
lighting.
6. There is no discussion of how the submitted landscaping irrigation plans meet
City standards.
SIGN PERMIT
1. Since the proposed use is in conjunction with the adjacent use, a discussion and
evidence of the design consistency with the architectural style of the main building or buildings
is required.
2. Sign colors and materials should be consistent with the color scheme and
materials used in the main buildings on the current Hillyer business and there should be a
discussion of how those relate to each other,
Page 7 - Objections. (Baker.O~.OIJ.ObjectionDoc. 81312006)
_f> .....' , ....
3. A finding needs to made that no highway reflective materials will be used in the
sign. That finding needs to be supported by a substantial evidence in the record.
DA TED this ~ day of iJI^'r' 2006.
f~~ tU~ .14Wu
Donald M. Kelley, OSB#74170 J
Attorney for Dale Baker
Page 8 - Objections- (Baker-05-0I 3-0bjeclion.Doc - 8/3/2006)
-... , '.""", ....
CERTIFICA TE OF MAILING
I certify that I served the foregoing LEGAL MEMORANDUM together with
WRITTEN OBJECTIONS on the following attorneys on the 14th day of August, 2006, by
mailing to said attorneys a true and correct copy thereof, certified by me as such, addressed to
said attorneys at the addresses shown below, and deposited in the United States Mail on said day
with sufficient postage in a sealed envelope, at the post office at Silverton, Oregon. Between
said post office and the addresses to which said copies were mailed, there is a regular
communication by U.S. Mail.
WALLACE W. LIEN
Attorney at Law
1775 32nd Place NE, Ste. A
Salem, OR 97303
N. ROBERT SHIELDS
City Attorney - City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
~t11{,~
Of Attorneys for Dale Baker
A TRUE COPY:
Of Attorneys for Dale Baker
.~.... . .......",....,