Res 1888 - Five Keys Home LLCCOUNCIL BILL NO. 2717
RESOLUTION NO. 1888
A RESOLUTION GRANTING THE APPLICATION IN DR 2007-12, VAR 2007-07, and
EXCP 2007-08, ADOPTING FINDINGS AND CONCLUSIONS, AND IMPOSING
CONDITIONS.
WHEREAS, a request was made by Mark Grenz, P.E., applicant, on behalf
of Five Keys Homes, LLC, property owner, for a design review for a 15 -unit
multiple -family development (case DR 2007-12), a variance from WDO
2.104.06.6 and Table 2.1.5 regarding density (case VAR 2007-07), and an
exception to street right-of-way and improvements on East Lincoln Street (case
EXCP 2007-08) and;
WHEREAS, the Planning Commission held a public hearing on the cases at
its meeting of February 28, 2008 and;
WHEREAS, the Planning Commission approved case numbers DR 2007-12,
VAR 2007-07, and EXCP 2007-08 subject to conditions of approval, and;
WHEREAS, the City Council called up the cases for review on its own
initiative, and;
WHEREAS, the Council held a de novo public hearing on the cases at its
meeting of April 14, 2008, and;
WHEREAS, the Council considered the written and oral testimony
presented by staff and the applicant, and;
WHEREAS, no other person offered testimony in the matter, and;
WHEREAS, the Council voted to approve case numbers DR 2007-12, VAR
2007-07, and EXCP 2007-08 subject to conditions of approval, and;
WHEREAS, the Council instructed staff to prepare findings and conclusions;
NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The application in DR 2007-12, VAR 2007-07, and EXCP 2007-
08 is hereby granted.
Page 1 - COUNCIL BILL NO. 2717
RESOLUTION NO. 1888
Section 2. This decision is based upon evidence in the record before the
Woodburn City Council and is justified by the findings and conclusions which are
attached hereto as Appendix "A" and by this reference are incorporated
herein.
Section 3. Approval of the application is subject to the conditions
imposed by the Woodburn City Council which are attached hereto as
Appendix "B" and by this reference are incorporated herein.
Approved as to form:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
), r�vr /� / z -'�/ 2CJ F,
City Attorney
Approvgd:
Filed in the Office of the Recorder
ATTEST: ac.
Mary T nant City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2717
RESOLUTION NO. 1888
Dafe
athryn F,igley,,Maypr
ril 28, 2008
April 30, 2008
April 30, 2008
April 30, 2008
APPENDIX "A"
Table of Contents
IGeneral Provisions............................................................................................................................... 1
2 Medium Density Residential (RM) District Standards........................................................................ 2
3 Variances............................................................................................................................................. 7
4 Street Standards................................................................................................................................... 9
s Exception to Street Right of Way and Improvement Requirements ................................................. 12
6 Access Standards............................................................................................................................... 15
7 Off Street Parking and Loading Standards........................................................................................ 16
sLandscaping Standards...................................................................................................................... 19
9 Architectural Design Guidelines and Standards................................................................................ 25
10 General Provisions
11
12 The provisions of the WDO shall be considered the minimum regulations adopted to promote
13 the public health, safety and general welfare; and shall apply uniformly to each case or kind
14 of use, structure or land unless varied or otherwise conditioned as allowed in the WDO.
15 [WDO1.101.02.A]
16 All officials, departments, employees (including contractor -officials), of the City vested with
17 authority to issue permits or grant approvals shall adhere to and require conformance with
18 the WDO, and shall issue no permit or grant approval for any development or use which
19 violates or fails to comply with conditions or standards imposed to carry out the WDO. [WDO
20 1.101.04]
21 Findings: The City Councilors are officials of the City and are collectively vested with authority to
22 grant approvals. The planning division staff are employees of the City and are vested with authority
23 to issue permits or grant approvals.
24 Conclusions: The City Councilors and planning division staff must adhere to and require
25 conformance with the WDO, and must not grant approval for any development or use which
26 violates or fails to comply with conditions or standards imposed to carry out the WDO.
TABLE 4.1 SUMMARY OF DECISIONS BY TYPE
Section Decision
I
II
1 III
IV
V
Appeal
4.102.02 Call -Up Review by the City Council: Type II or III
Decision
27 All City decision-making bodies have the authority to impose conditions of approval
28 reasonably related to impacts caused by the development or designed to ensure that all
29 applicable approval standards are, or can be, met on Type II, III and IV decisions EXCEPT
30 annexation. All conditions of approval shall be clear and objective or if the condition requires
31 discretion shall provide for a subsequent opportunity for a public hearing. [WDO 4.101.15.A]
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 1 of 30
I Findings: Call -Up Review by the City Council is a Type IV decision. The City Council is the City
2 decision-making body with authority to render Type IV decisions.
3 Conclusions: The City Council has "the authority to impose conditions of approval reasonably
a related to impacts caused by the development or designed to ensure that all applicable approval
5 standards are, or can be, met." If a condition of approval requires discretion, the Council must
6 require a public hearing on the matter.
a Under a consolidated review, all applications shall be processed following the procedures
9 applicable for the highest type decision requested. It is the express policy of the City that
10 development review not be segmented into discrete parts in a manner that precludes a
11 comprehensive review of the entire development and its cumulative impacts. [WDO 4.101.021
TABLE 4.1 SUMMARY OF DECISIONS BY TYPE
Section Decision
I
II
III
IV
V
Appeal
4.102.02 Call -Up Review by the City Council: Type II or III
Decision
5.103.02 Design Review for All Structures 1000 Sq. Ft. OR
MORE
5.103.12 Exception to Street Right of Way and Improvement
Requirements
[5,103.11 Variance
12 Finding: Variances, Design Reviews for Structures 1000 Square Feet or More, and Exceptions to
13 Street Right of Way and Improvement Requirements are Type III decisions. Call -Up Review by the
14 City Council is a Type IV decision.
15 Conclusions: Under WDO 4.101.02, the applications are consolidated as a Type IV decision.
16 Considering the applications together allows a comprehensive review of the entire development and
17 its cumulative impacts.
18
19
20 WDO 2.104 Medium Density_ Residential (RM) District Standards
21
22 There shall be no minimum lot area or dimensions for multiple family residential dwellings
23 units or living units in the RM zone. [WDO 2.104, Table 2.1.5.B]
24 The number of multiple family residential dwelling units on a lot shall be regulated by:
25 1. Maximum residential density, not exceeding the following standards:
26 a. Multiple family dwellings: 16 dwelling units per net buildable acre. [WDO 2.104,
27 Table 2.1.5.C]
28 Density per net acre: The number of dwelling units or living units per acre based on the land
29 area committed to housing and common, private ownership but EXCLUDING public right of
30 way; public easements; irrevocable easements for private streets or access ways; and private
31 streets in Manufactured Dwelling Parks. [WDO 1.1021
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 2 of 30
1 Findings: The property is currently 0.936 acre in area. After the right-of-way dedication necessary
2 for a Service Collector, the property will contain 0.894 acre. The proposal would establish 15
3 dwelling units on the property.
4 Conclusions: The maximum number of dwelling units permitted by right under WDO 2.104, Table
5 2.1.5.C. La is 14. The proposed density is 16.8 dwelling units per net buildable acre. The proposed
6 density exceeds that allowed by WDO 2.104, Table 2.1.5.C. La. The applicant must reduce the
7 project to no more than 14 dwelling units or obtain a variance from the maximum density standard
a of WDO 2.104, Table 2.1.5.C.1.a.
10
11 Multiple density residential buildings shall be subject to the design standards or guidelines of
12 Section 3.107.05. [WDO 2.104.07.C.11
13 Findings: WDO 2.104.07.C.1 contains a scrivener's error, and should read either "Multiple family
14 residential buildings" or "Medium density residential buildings." The proposed project consists of
15 multiple family residential buildings in a medium density residential development.
16 Conclusion: As the proposed project consists of multiple family residential buildings in a medium
17 density residential development, either interpretation leads to the conclusion that the development is
18 "subject to the design standards or guidelines of Section 3.107.05."
19
20
21 The number of multiple family residential dwelling units on a lot shall be regulated by:
22 2. Compliance with the applicable open space and site design standards and guidelines of
23 Sections 2.104.07.C. [WDO 2.104, Table 2.1.5.C1
24 Finding: Findings specific to the applicable open space and site design standards and guidelines of
25 Sections 2.104.07.0 (which require compliance with Section 3.107.05) are detailed in the analysis
26 of Section 3.107.05.
27 Conclusion: The proposed development does not comply with all of the applicable open space and
28 site design standards and guidelines of Sections 2.104.07.C. Compliance with the guidelines may
29 require redesign of the project or a reduction in the number of dwelling units. The Council has the
30 discretion to approve the development even if it does not comply with all open space and site design
31 guidelines of Sections 2.104.07.C, or to require compliance with any or all such guidelines.
32
33 Height, Building: The vertical distance above a reference datum measured to the highest
34 point of the coping or flat roof or to the deck line of a mansard roof or to the average height of
35 the highest gable of a pitched or hipped roof. The height of a stepped or terraced building is
36 the maximum height of any segment of the building. The reference datum shall be selected by
37 either of the following, whichever yields the greater height of building: (See Figure 6.1)
38 1. The elevation of the highest adjoining sidewalk or ground surface within 5 -foot
39 horizontal distance of the exterior wall of the building when such sidewalk or ground
40 surface is not more than 10 feet above the lowest grade.
41 2. An elevation 10 feet higher than the lowest grade when the sidewalk or ground
42 surface described in "1" above is more than 10 feet above the lowest grade. [WDO
43 1.1021
44 The maximum height of buildings shall not exceed 35 feet. [WDO 2.104.06.C1
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 3 of 30
I Findings: The elevation drawings (Exhibits "I" and "J" in the record before the Council) show the
2 6-plex building height as 34'-9'/8" and the 9-plex building height as 34'-7'/4".
3 Conclusion: The proposed development complies with WDO 2.104.06.C.
6 The setback abutting a street shall be a minimum of 20 feet plus any Special Setback, Section
7 3.103.05. [WDO 2.104.06.D.1.a]
s Finding: The site plan (Exhibit "A" in the record before the Council) shows that the buildings are
9 set back 20 feet from East Lincoln Street, after the additional right-of-way dedication.
10 Conclusion: The proposed development complies with WDO 2.104.06.D.1.a.
11
12
TABLE 2.1.7 Interior Yard and
Buffer Standards for RM Zones
Abutting Property
Interior Setback
RS or R1 S zone; or Existing
single family or duplex dwelling
36 ft. from any portion of a primary building 28.1 ft. to 35
ft. in height.
RM zone; or Existing medium
density residential unit
36 ft. from any portion of a main building more than 28 ft.
and less than 35 ft. in height.
13 A fire escape, balcony, outside stairway, cornice or other unenclosed, unroofed projection
14 may project not more than five feet into a required interior rear yard setback. [WDO
15 3.103.09.B]
16 Planter boxes; steps; uncovered porches; covered but unenclosed porches and patios, not
17 more than16 feet high, a floor elevation less than four feet above grade and at least 14 feet
18 from the rear lot line, shall be EXEMPT from the minimum rear yard setback. [WDO
19 3.103.09.C]
20 Findings: The elevation drawings show the building height as approximately 35 feet. The site plan
21 (Exhibit "A" in the record before the Council) shows the buildings to be set back at least 51 feet
22 from the west property line and approximately 48 feet from the east property line. The site plan
23 shows the 9-plex to be set back 36 feet from the north property line, with a projection that extends
24 approximately 5'/2 feet further to the north. The 9-plex floor plan (Exhibit "H" in the record before
25 the Council) shows the projection to be a covered but unenclosed entry.
26 Conclusions: The proposed development complies with the interior setback requirements of WDO
27 2.104.06.D.2.a and Table 2.1.7 along the east, west, and north property lines. The northerly
28 projection on the 9-plex is a covered but unenclosed porch on the ground floor and is exempt from
29 the minimum rear yard setback per WDO 3.103.09.C.
30
31
32 Off street parking and storage shall be prohibited within a required setback or any yard
33 abutting a street EXCEPT for parking and maneuvering within a driveway leading to a
34 garage (or carport in the case of a manufactured home) or adjacent to a wall. [WDO
35 2.104.06.D.1.b.11
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 4 of 30
I Findings: All of the exterior parking spaces are partially located within 36 feet of either the east or
2 the west property line. The site plan (Exhibit "A" in the record before the Council) shows a wall
3 along the east and west property lines.
4 Conclusions: All of the exterior parking spaces are partially located within either the east or the
5 west side yard setback. The exterior parking spaces comply with WDO 2.104.06.D. Lb.1 by reason
6 of the exception for parking adjacent to a wall.
9 The entrance to a garage shall be set back a minimum of 20 feet from the closest edge of a
10 shared driveway. [WDO 2.104.06.D.1.b.21
11 Finding: The site plan (Exhibit "A" in the record before the Council) shows that the garage
12 entrances are set back 20 feet from the shared driveway.
13 Conclusions: The proposed development complies with WDO 2.104.06.D. Lb.2.
14
15
16 Multiple density residential buildings shall be subject to the design standards or guidelines of
17 Section 3.107.05. [WDO 2.104.07.C.11
18 Findings: WDO 2.104.07.C.1 contains a scrivener's error, and should read either "Multiple family
19 residential buildings" or "Medium density residential buildings." The proposed project consists of
20 multiple family residential buildings in a medium density residential development.
21 Conclusion: As the proposed project consists of multiple family residential buildings in a medium
22 density residential development, either interpretation leads to the conclusion that the development is
23 "subject to the design standards or guidelines of Section 3.107.05."
24
25
26 Development in an RM zone, except for a single family dwelling and duplex dwelling, shall be
27 subject to the setback and buffer requirements of Table 2.1.7. [WDO 2.104.06.D.2.a]
TABLE 2.1.7 Interior Yard and Buffer Standards for RM Zones
Abutting Property
Wall
Existing single family or duplex
dwelling
Solid brick or architectural wall with anti -graffiti surface,
no less than 6 feet or greater than 7 feet in height
RM, P/SP zone; or Existing
medium density residential unit
Wall requirements shall be determined in conjunction with
the applicable Design Review process.
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 5 of 30
L'�� t'kwmwe Arm: Svrei to www
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r' r
1 =
I n
Or .
as
Figure 6.4 Vision Clearance Area
I A vision clearance area shall contain no plants, fence, wall, structure, or temporary or
2 permanent obstruction exceeding 30 inches in height [measured from the top of the curb or,
3 where no curb exists, from the established street centerline grade], EXCEPT as follows:
4 1. Trees, provided branches and foliage are removed to a height of 7 feet above grade;
s 2. Telephone, power and cable television poles;
6 3. Telephone and utility boxes less than ten inches at the widest dimension; and
7 4. Traffic control signs and devices. [WDO 3.103.10.E]
s Findings: The site plan (Exhibit "A" in the record before the Council) shows a wall along the east,
9 north, and west property lines. The site plan shows the proposed wall ending approximately 10 feet
10 north of the right-of-way at both the east and west property lines. In an email of February 6, 2008
11 the applicant stated that the wall would be extended to the front property line.
12 Conclusions: A solid brick or architectural wall with anti -graffiti surface, no less than 6 feet or
13 greater than 7 feet in height, is required where the property abuts lots developed with single-family
14 dwellings (839 East Lincoln Street, to the west), in accordance with Table 2.1.7. It is discretionary
is but appropriate to require a wall along the north property line and the northern portion of the east
16 property line, where the lot abuts school property in the P/SP zone, in accordance with WDO
17 2.104.06.D.2.a and Table 2.1.7. It is discretionary but appropriate to require a wall along the
18 southern portion of the east property line, where the lot abuts an existing medium density residential
19 development in the RM zone, in accordance with WDO 2.104.06.D.2.a and Table 2.1.7. The walls
20 must be no more than 30 inches in height (measured from the top of the curb) within vision
21 clearance areas per WDO 3.103.10.E.
22
23
24 Wall, Architectural: A wall that incorporates at least two colors and/or textures. [WDO 1.1021
25 Findings: The preliminary planting plan (Exhibit `B" in the record before the Council) shows a "6'
26 high sight obscuring CMU wall (Materials: split face CMU wall with one band of standard smooth
27 face CMU set 4' above finish grade. Wall includes anti -graffiti sealant.)" Architectural walls are
28 intended to buffer adjacent properties from the subject property— not to buffer the subject property
29 from adjacent properties.
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 6 of 30
I Conclusions: The proposed walls meet the definition of an architectural wall. All architectural
2 walls should incorporate at least two colors and/or textures on the side facing away from the subject
3 property.
5 Common refuse collection facilities shall be screened on all sides by an architectural block
6 wall and solid gate, both with an anti -graffiti surface, a minimum of six feet and a maximum
7 of seven feet in height. [WDO 2.104.07.F.31
8 Finding: The preliminary planting plan (Exhibit `B" in the record before the Council) shows "wood
9 screen fencing with anti -graffiti sealant."
10 Conclusions: Wood screen fencing is not a block wall. The common refuse collection facilities do
11 not comply with WDO 2.104.07.F.3.
12 Finding: The site plan (Exhibit "A" in the record before the Council) shows that the gate of the
13 refuse collection facility would be on the southwest, and would be visible from Lincoln Street.
14 Conclusions: The gate of the refuse collection facility would be visible from East Lincoln Street.
15 The Planning Division requests that the Council require the refuse collection facility to be rotated so
16 that the gate would be on the northwest where it would not be visible from Lincoln Street.
17
18
19 WDO 5.103.11 Variances
20
21 The purpose of a variance is to allow a deviation from a WDO development standard
22 EXCEPT a standard regarding use, where strict adherence to the standard and variance to a
23 standards will not unreasonably impact the adjacent existing or potential uses or
24 development. [WDO 5.103.11.A1
25 Findings: The application is for a variance to the maximum density of 16 dwelling units per acre to
26 allow 15 dwelling units on a property containing 0.894 acre. The proposed density is 16.8 dwelling
27 units per net buildable acre.
28 Conclusions: The application is for a variance to a numerical standard and not to a standard
29 regarding use. The application is not precluded by WDO 5.103.1 I.A.
30
31
32 Adjustments to the number of permitted dwelling or living units and to the use of property
33 shall be prohibited. [WDO 5.102.03.D.111
34 Findings: The application involves an increase in the number of dwelling units. WDO 5.102.03
35 governs Zoning Adjustments. Zoning Adjustments are small deviations from a standard, and are a
36 Type II land use decision.
37 Conclusions: A Zoning Adjustment for density is specifically prohibited by WDO 5.102.03.D.1.
38 The variance process is the appropriate process for administrative relief.
39
40
41 A minimum of 12.8 dwelling units per net acre (after excluding public right-of-way, public
42 tracts, common tracts, common open space, and land protected by the RCW overlay district)
43 shall be required, except for parcels less than one acre in size. [WDO 2.104.06.A1
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 7 of 30
1 Findings: The property is currently 0.936 acre in area. After the right-of-way dedication necessary
2 for a Service Collector, the property will contain 0.894 acre.
3 Conclusion: The net density provision of WDO 2.104.06.A specifically exempts the subject
4 property as it is less than one acre in size.
7 Criteria. A determination of whether the criteria set forth are satisfied necessarily involves
s the balancing of competing and conflicting interest. The factors that are listed to be
9 considered are not criteria and are not intended to be an exclusive list. The factors to be
10 considered are used as a guide in deliberations on the application. [WDO 5.103.11.C]
11 The variance is necessary to prevent unnecessary hardship relating to the land or structure,
12 which would cause the property to be unbuildable by application of the WDO. Factors to
13 consider in determining whether hardship exists, include:
14 a. Physical circumstances over which the applicant has no control related to the piece
15 of property involved that distinguish it from other land in the zone, including but
16 not limited to lot size, shape, topography.
17 b. Whether reasonable use similar to other properties can be made of the property
18 without the variance.
19 C. Whether the hardship was created by the person requesting the variance. [WDO
20 5.103.11.C.11
21 Findings: Per WDO Table 2.1.5, the maximum multiple family dwelling units allowed within a RM
22 zone are 16 dwelling units per net buildable acre. The subject property is approximately 0.93 acre
23 and would allow a maximum of 15 units on the site. According to the Transportation System Plan,
24 an additional 11 feet of right-of-way must be dedicated along the south property line adjacent
25 Lincoln Street. This additional 11 feet of right-of-way dedication reduces the lot size to
26 approximately 0.89 acre and would only allow the construction of 14 units on the site.
27 Conclusions: The requirement to dedicate additional right-of-way upon development or
28 redevelopment distinguishes the subject property from other land in the RM zone, and is a hardship
29 relating to the land and not created by the applicant. The criterion of WDO 5.103.11.C. l is met.
30
31
32 Development consistent with the request will not be materially injurious to adjacent
33 properties. Factors to be considered in determining whether development consistent with the
34 variance materially injurious include but are not limited to:
35 a. Physical impacts such development will have because of the variance, such as
36 visual, noise, traffic and drainage, erosion and landslide hazards. [WDO
37 5.103.11.C.21
38 b. Incremental impacts occurring as a result of the proposed variance. [WDO
39 5.103.11.C.21
40 Findings: The variance would not create or exacerbate drainage, erosion or landslide hazards. The
41 additional dwelling unit would represent a 6.7% increase in the number of dwelling units, and a
42 commensurate increase in the noise and traffic impacts on adjacent properties.
43 Conclusions: The impacts of one additional unit would not be materially injurious to adjacent
44 properties. The criterion of WDO 5.103.11.C.1 is met.
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 8 of 30
3 Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic
4 land forms or parks will not be adversely affected because of the variance. [WDO
5 5.103.11.C.3]
6 Findings: The property does not abut drainageways, dramatic land forms or parks. The variance
7 would increase the traffic on East Lincoln Street by approximately 8.53 average daily trips. The
s current traffic flow is approximately 3,455 to 4,839 average daily trips.
9 Conclusions: Although traffic on East Lincoln Street and the larger transportation system would
10 increase, the increase would not be of sufficient magnitude to constitute a materially adverse effect.
11 Drainage, dramatic land forms, and parks would not be adversely affected to any substantial degree
12 because of the variance. The variance meets the standard of WDO 5.103.11.C.3.
13
14
15 The variance is the minimum deviation necessary to make reasonable economic use of the
16 property. [WDO 5.103.11.C.41
17 Findings: The variance to increase the number of dwelling units from 14 to 15 units is the absolute
18 minimum necessary to develop the site as proposed. The applicant has chosen to develop the site as
19 residential rather than one of the other permitted uses as it is more appropriate to use the site as
20 multi -family.
21 Conclusion: The requested variance meets the standard of WDO 5.103.11.C.4.
22
23
24 The variance does not conflict with the Woodburn Comprehensive Plan. [WDO 5.103.11.C.51
25 Findings regarding criterion 5: The property is zoned Medium Density Residential (RM) and is
26 designated Residential More than 12 Units per Acre on the Comprehensive Plan Map. The
27 proposed use of the property is a medium density multiple -family residential development.
28 Abutting properties are zoned Medium Density Residential (RM) and Public and Semi -Public
29 (P/SP), and are designated Residential More than 12 Units per Acre and Open Space and Parks on
30 the Comprehensive Plan Map.
31 Conclusions regarding criterion 5: The variance does not conflict with the Comprehensive Plan.
32 The application meets the standard of WDO 5.103.11.C.5.
33
34
35 WDO 3.101 Street Standards
36
37 All public streets under the jurisdiction of the City of Woodburn shall comply with the
38 applicable cross section design standards noted in Section 3.101.03 and construction
39 specifications of the Public Works Department. [WDO 3.101.02.C.11
40 Street, Boundary: That portion, or portions, of a street right of way abutting a subject
41 property where existing or proposed development is located within 260 feet of the subject
42 right of way. (Figure 6.12) [WDO 1.1021
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 9 of 30
I The full right of way for the subject street classification, Section 3.101.03, shall be required for
2 a connecting street segment without an approved exception or variance. [WDO 3.101.02.D.1.a]
3 The full street improvement for the subject street classification, Section 3.101.03, shall be
a provided for a connecting street segment without an approved exception or variance. [WDO
s 3.101.02.D.1.b]
6 The full right of way for the subject street classification, Section 3.101.03, shall be required for
7 a boundary street without an approved exception or variance. [WDO 3.101.02.D.2.a]
a The full street improvement for the subject street classification, Section 3.101.03, shall be
9 provided for a boundary street without an approved exception or variance. [WDO
10 3.101.02.D.2.b]
Figure 6.12 Connecting, Boundary and Internal Streets
11 Findings: East Lincoln Street is the Boundary Street for the subject parcel, as defined in WDO
12 1.102 and shown in Figure 6.12. East Lincoln Street is the Connecting Street for the subject parcel,
13 as defined in WDO 1.102 and shown in Figure 6.12. The Connecting Street segment extends to the
14 intersection with Carol Street. The applicant has requested an exception to street right-of-way and
15 improvements.
16 Conclusion: The applicant must provide the full right of way and the full street improvements
17 required by the Transportation System Plan or obtain an exception to street right of way and
18 improvement requirements, in accordance with WDO 3.101.02.D.
19
20
21 The street right of way and improvement cross-sectional standards required for development
22 are depicted in Figure 7-2 and Table 7-1 of the Woodburn Transportation System Plan.
23 These standards are based on the functional classification of each street as shown in Figure 7-
23 1 of the Woodburn Transportation System Plan. The street right-of-way and improvement
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 10 of 30
I standards minimize the amount of pavement and right-of-way required for each street
2 classification consistent with the operational needs of each facility, including requirements for
3 pedestrians, bicycles, and public facilities. [WDO 3.101.03.A]
SERVICE
Pusuc unurr
c
`
PUBLIC
�
COLLECTOR
EASEMENT
*.
Mu
STREET**
,r
S' •' 6'
1Y'
CENTER
8
SIDE LAND BIKE
TRAVEL
LENT TURN
TRAVEL
BIKE LAND 81DE
WALK SCAPE LANE
LANE
LANE
LANE
LANE SCAPE WALK
ti
Detail from Figure 7-2 of the Transportation System Plan
s Findings: East Lincoln Street is classified as a Service Collector in the Woodburn Transportation
6 System Plan (WTSP.) The required cross-section for a Service Collector is a 72 foot of right -of -
7 way, 36 foot improved driving surface (two 12 foot traffic lanes and a 12 foot center turn lane), 6
s foot bike lanes, 6 foot landscape strips and 6 foot sidewalks on both sides. The existing cross -
9 section is a 50 foot right-of-way, 34 foot improved driving surface (two 17 foot traffic lanes), no
10 planter strip, and a 4-5 foot sidewalk on the north side of the street. The school zone for
11 Washington Elementary School affects the western portion of East Lincoln Street. East Lincoln
12 Street is posted "No Parking" on the south side, but not on the north side.
13 Conclusions: The existing cross-section of East Lincoln Street does not meet the requirements for a
14 Service Collector. The applicant must provide the full right of way and the full street improvements
15 required by the Transportation System Plan or obtain an exception to street right of way and
16 improvement requirements, in accordance with WDO 3.101.02.D.
1'7
18
19 The street frontage of a subject property shall be improved with either property line
20 sidewalks and street trees or curb line sidewalks. The improvement shall be determined at
21 the time of subdivision, PUD or design review as applicable. Sidewalks and trees shall be
22 installed by the property owner to the standards of Section 3.101 and 3.106. [WDO
23 2.104.07.F.11
24 Finding: The applicant has requested an exception to street right-of-way and improvements on East
25 Lincoln Street.
26 Conclusions: The current Design Review triggers the provision that "improvement shall be
27 determined at the time of ... design review." If the requested exception to street right-of-way and
28 improvements is not granted, the property owner would be required to provide all improvements
29 required by the Transportation System Plan. If granted, the exception would identify the applicant's
30 proportionate share of required street improvements based on the impacts of the proposed
31 development, and could be conditioned on execution of a non -remonstrance agreement to provide
32 the improvements when reconstruction of East Lincoln Street is timely based on participation by
33 other property owners and the availability of public funding.
34
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 11 of 30
z Street Trees. Within the public street right of way abutting a development, street trees shall
3 be planted to City standards prior to final occupancy.
4 a. Acceptable Types of Trees. See Section 6.103 for a description of acceptable and
s unacceptable trees for this purpose, classified by size and species.
6 b. Tree Density. Trees shall be planted at the following intervals within the right of way,
7 subject to Clear Vision Area standards, Section 3.103.10 and Section 6.103:
a 1) Four (4) small trees per 100 feet of street frontage;
9 2) Three (3) medium trees per 100 feet of street frontage; or
10 3) Two (2) large trees per 100 feet of street frontage. [WDO 3.106.03.A.11
11 Findings: The site has 166 feet of frontage on East Lincoln Street. The landscaping plan shows four
12 large trees (sugar maples) as street trees. The applicant has requested an exception to street right -
13 of -way and improvements.
14 Conclusions: WDO 3.106.03.A.1 requires the installation of 7 small street trees, 5 medium street
15 trees, or 4 large street trees. Sugar maples qualify as large trees. The proposed development
16 complies with WDO 3.106.03.A.1.
17
18
19 Sidewalks should/shall be located at the property line along streets with street trees, Section
20 3.106. [WDO 3.107.05.C.61
21 Finding: The applicant has requested an exception to street right-of-way and improvements on East
22 Lincoln Street.
23 Conclusions: If the requested exception to street right-of-way and improvements is not granted, the
24 property owner would be required to provide sidewalks as required by WDO 3.107.05.C.6. If
25 granted, the exception could be conditioned on a non -remonstrance agreement to provide sidewalks
26 when reconstruction of East Lincoln Street is timely.
27
2s
29 WDO 5.103.12 Exception to Street Right of Way and Improvement
30 Requirements
31
32 The purpose of an exception is to allow a deviation from a WDO development standard cited
33 in Section 3.101.02. [WDO 5.103.121
34 Application Requirements. An application shall include a completed City application form,
35 filing fee, deeds, notification area map and labels, written narrative statement regarding
36 compliance with criteria, location map and the following additional exhibits:
37 1. Street and Utility Plan as applicable;
38 2. Site Plan; and
39 3. A "rough proportionality" report prepared by a qualified civil or traffic engineer
40 addressing the approval criteria. [WDO 5.103.12.81
41 Finding: The applicant's submittal included a site plan (which showed East Lincoln Street), a utility
42 plan, and a "rough proportionality" report prepared and stamped by a registered engineer.
43 Conclusions: If granted, the Exception to Street Right of Way and Improvement Requirements
44 would satisfy the guideline of WDO 3.101. Also, if granted, the Exception would identify the level
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 12 of 30
1 of improvements the property owner would be responsible for. A nonremonstrance agreement for
2 public improvements could be required as part of the Exception. If the Exception is not granted, the
3 property owner would be required to construct East Lincoln Street to the cross-section specified in
4 the Transportation System Plan.
5 Findings: The proposed development will cause a level of impacts amounting to between 2.0% and
6 12.4% of the required street improvements to East Lincoln Street between the subject property and
7 Carol Street. The proposed development represents 4.8% of the boundary street frontage as defined
8 in WDO 1.102 and shown in Figure 6.12. The applicant proposes a 2.7% proportion based on
9 traffic impacts.
10 Conclusion: It is appropriate that the subject property should bear a portion of the cost of
11 reconstructing East Lincoln Street commensurate with the property's boundary street frontage as
12 defined in WDO 1.102 and Figure 6.12.
13
14
15 The estimated extent, on a quantitative basis, to which the rights of way and improvements
16 will be used by persons served by the building or development, whether the use is for safety or
17 convenience. [WDO 5.103.12.C.11
18 Findings: Persons served by the development are expected to generate approximately 128 vehicular
19 trips per day. Neither conventional traffic counts nor the ITE Trip Generation Manual account for
20 non -vehicular traffic. The sidewalk required by the Transportation System Plan is for safety. The
21 landscape strip required by the Transportation System Plan is for convenience and is a standard of
22 aesthetics promulgated and accepted by the community. The right-of-way dedication and specified
23 improvements are needed to provide vehicle and non -motorized transportation facilities throughout
24 the street corridor.
25 Conclusions: Residents of the development will necessarily use East Lincoln Street for both their
26 vehicular and non -motorized traffic needs, for safety as well as convenience.
27
28
29 The estimated level, on a quantitative basis, of rights of way and improvements needed to
30 meet the estimated extent of use by persons served by the building or development. [WDO
31 5.103.12.C.21
32 Findings: The center turn lane required by the Transportation System Plan would facilitate left turns
33 into and out of the driveway — movements that occur in approximately half of the 128 daily trips
34 estimated to be generated by the project. Provision of a bicycle lane and wider sidewalk than
35 currently exists will facilitate safe bicycle and pedestrian use of East Lincoln Street by the residents
36 of the development. The proportion of improvements to East Lincoln Street that could be attributed
37 to the subject property ranges from 2.0% and 12.4% depending on the method of analysis used.
38 The subject property represents 4.8% of the boundary street frontage as defined in WDO 1.102 and
39 Figure 6.12. The subject property will have 166.65 lineal feet of frontage on East Lincoln Street
40 after the additional dedication to right-of-way.
41 Conclusion: All improvements required by the Transportation System Plan would be utilized by and
42 are needed to meet the vehicular and non -motorized transportation needs of residents of the
43 development. It is appropriate to require the property owner to participate in the cost of providing
44 all improvements required by the Transportation System Plan for East Lincoln Street. It is
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 13 of 30
I appropriate that the subject property should bear a portion of those costs commensurate with the
2 property's boundary street frontage as defined in WDO 1.102 and Figure 6.12. The property owner
3 should enter into a nonremonstrance agreement to participate in the cost of reconstructing East
4 Lincoln Street to the standards of the Transportation System Plan when such reconstruction
5 becomes timely.
8 The estimated impact, on a quantitative basis, of the building or development on the public
9 infrastructure system of which the rights of way and improvements will be a part. [WDO
10 5.103.12.C.31
11 Findings: Lincoln Street connects to Highway 99E on the east and Front Street and Settlemier
12 Avenue on the west. The impact of the proposed development on the larger public infrastructure
13 system is estimated to be small in comparison to the impact of off-site development on that larger
14 public infrastructure.
15 Conclusions: The larger public infrastructure system has sufficient capacity to accommodate the
16 traffic generated by the proposed development. The incremental impact of the proposed
17 development on the larger public infrastructure system would be adequately addressed through
18 assessment of System Development Charges in the building permit process.
19
20
21 The estimated level, on a quantitative basis, of rights of way and improvements needed to
22 mitigate the estimated impact on the public infrastructure system. [WDO 5.103.12.C.41
23 Findings: The larger public infrastructure system has sufficient capacity to accommodate the traffic
24 generated by the proposed development.
25 Conclusions: The incremental impact of the proposed development on the larger public
26 infrastructure system would be adequately addressed through assessment of System Development
27 Charges in the building permit process.
28
29
30 When a lesser standard, subject to Section 3.101.02.F, is justified based on the nature and
31 extent of the impacts of the proposed development, an exception to reduce a street right of
32 way or cross section requirement may be approved. No exception may be granted from
33 applicable construction specifications. [WDO 5.103.12.D]
34 Finding: The applicant has not requested an exception from construction specifications, but rather
35 an exception to the street cross section requirement.
36 Conclusion: An exception to reduce a street right of way or cross section requirement is not
37 precluded by WDO 5.103.12.D.
38
39
40 To assure a safe and functional street with capacity to meet current demands and to assure
41 safety for vehicles, bicyclists and pedestrians, as well as other forms of non -vehicular traffic,
42 there are minimum standards for right of way and improvement that must be provided.
43 Deviation from these minimum standards may only be considered by a variance procedure,
44 Section 5.103.11. [WDO 5.103.12.E]
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 14 of 30
1 Findings: The existing street cross-section consists of two 17 foot travel lanes with a 4-5 foot
2 sidewalk on the north side of the street. Future upgrading to improve pedestrian, bicycle, and other
3 forms of non -vehicular traffic may be accomplished through a non -remonstrance agreement.
4 Conclusions: The existing improvement provides sufficient capacity to meet current demands for
s vehicular and (on the north side of the street) pedestrian traffic. The property owner should either
6 construct the improvements required by the Transportation System Plan or execute a non -
7 remonstrance agreement to provide the necessary improvements when reconstruction of East
s Lincoln Street is timely based on participation by other property owners and the availability of
9 public funding.
10
11
12 WDO 3.104 Access Standards
13
14 Residential Driveways Serving Any Number of Multiple Family Dwelling Units
15 1. Paved Driveway Width:
16 b. Two-way driveway:
17 1) Width: 20 feet, min/max. "No parking" restrictions shall be posted by the
18 owner. [WDO 3.104.05.D]
19 Findings: The site plan (Exhibit "A" in the record before the Council) shows 24 -foot two-way drive
20 aisle. The applicant's submittal states that "No parking signs will be posted along the driveways as
21 required."
22 Conclusion: The proposed drive aisles meet the requirements of WDO 3.104.05.D. Lb.
23
24
25 Radius of Curb Flare: 25 feet minimum. [WDO 3.104.05.D.21
26 Findings: The site plan (Exhibit "A" in the record before the Council) does not show a curb radius.
27 In an email of February 6, 2008 the applicant stated that a 25' curb radius could be provided.
28 Conclusion: The applicant must provide curb returns with a radius of at least 25 feet, in accordance
29 with WDO 3.104.05.D.2.
30
31
32 Throat length of a driveway, extending from the closest off street parking or loading space to
33 the outside edge of right of way for a:
34 a. Driveway accessing a City street, EXCLUDING Major and Minor Arterial Streets:
35 20 feet minimum, with greater improvement as may be required by a Traffic Impact
36 Analysis (TIA). [WDO 3.104.05.D.41
37 Findings: East Lincoln Street is designated as a Service Collector in the Transportation System
38 Plan. The site plan (Exhibit "A" in the record before the Council) shows one exterior parking space
39 (at the southeast corner of the 6-plex) partially within 20 feet of East Lincoln Street.
40 Conclusions: The site plan does not comply with WDO 3.104.05.D.4.b. The applicant must
41 reconfigure the parking to provide a driveway throat length of at least 20 feet, in accordance with
42 WDO 3.104.05.D.4.b, or obtain a variance.
43
44
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 15 of 30
I WDO 3.105 Off Street Parking and Loading Standards
3 Off Street Vehicle Parking Requirements.
4 1. Off street vehicle parking spaces shall be provided in amounts not less than those set
5 forth in Table 3.1.2.
6 2. Off street vehicle parking spaces shall not exceed 2.0 times the amount required in
7 Table 3.1.2. [WDO 3.105.01.E]
9 Findings: The proposed development contains 15 dwelling units. The building plans show one
10 space in each of 9 garages. The site plan (Exhibit "A" in the record before the Council) shows 25
11 exterior parking spaces (24 of which comply with setback standards.)
12 Conclusions: The development as proposed would require 30 off-street parking spaces. The
13 proposed parking meets the requirements of WDO 3.105.01 .E.
14 Findings: The use of stacked or tandem parking would entail inconveniences associated with visitor
15 parking and access to the garage when the exterior parking space is occupied. In an email of
16 February 6, 2008 the applicant stated that each parking space outside a garage would be reserved for
17 the exclusive use of the dwelling unit served by the garage.
18 Conclusions: Each parking space outside a garage should be reserved for the exclusive use of the
19 dwelling unit served by the garage. A sign should be posted on each garage door indicating this
20 reserved status.
21
22
23 The number of disabled person vehicle parking spaces shall be provided to the standards of
24 the state Building Code and applicable federal standards. The number of disabled person
25 vehicle parking spaces shall be included as part of total required vehicle parking spaces.
26 [WDO 3.105.01.E.31
27
28 The number of accessible parking spaces shall be:
TABLE 3.1.2 Off Street Parking Ratio Standards
Required Minimum Number of Accessible S aces
Use
Parking Ratio - spaces per activity unit or
square feet of gross floor area sf fa
26 to 50
2. Three or more dwelling units per structure
2.0/ dwelling unit
9 Findings: The proposed development contains 15 dwelling units. The building plans show one
10 space in each of 9 garages. The site plan (Exhibit "A" in the record before the Council) shows 25
11 exterior parking spaces (24 of which comply with setback standards.)
12 Conclusions: The development as proposed would require 30 off-street parking spaces. The
13 proposed parking meets the requirements of WDO 3.105.01 .E.
14 Findings: The use of stacked or tandem parking would entail inconveniences associated with visitor
15 parking and access to the garage when the exterior parking space is occupied. In an email of
16 February 6, 2008 the applicant stated that each parking space outside a garage would be reserved for
17 the exclusive use of the dwelling unit served by the garage.
18 Conclusions: Each parking space outside a garage should be reserved for the exclusive use of the
19 dwelling unit served by the garage. A sign should be posted on each garage door indicating this
20 reserved status.
21
22
23 The number of disabled person vehicle parking spaces shall be provided to the standards of
24 the state Building Code and applicable federal standards. The number of disabled person
25 vehicle parking spaces shall be included as part of total required vehicle parking spaces.
26 [WDO 3.105.01.E.31
27
28 The number of accessible parking spaces shall be:
29 [ORS 447.233(2)(a)]
30 In addition, one in every eight accessible spaces, but not less than one, shall be van accessible.
31 [ORS 447.233(2)(b)]
32 Off street parking for disabled persons shall be designed to the standards of the state Building
33 Code and applicable federal standards. [WDO 3.105.01.H.4.c]
34 A van accessible parking space shall be at least nine feet wide and shall have an adjacent
35 access aisle that is at least eight feet wide. [ORS 447.233(2)(b)]
36 Accessible parking spaces shall be at least nine feet wide and shall have an adjacent access
37 aisle that is at least six feet wide. [ORS 447.233(2)(c)]
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 16 of 30
Total Parking In Lot
Required Minimum Number of Accessible S aces
26 to 50
2
29 [ORS 447.233(2)(a)]
30 In addition, one in every eight accessible spaces, but not less than one, shall be van accessible.
31 [ORS 447.233(2)(b)]
32 Off street parking for disabled persons shall be designed to the standards of the state Building
33 Code and applicable federal standards. [WDO 3.105.01.H.4.c]
34 A van accessible parking space shall be at least nine feet wide and shall have an adjacent
35 access aisle that is at least eight feet wide. [ORS 447.233(2)(b)]
36 Accessible parking spaces shall be at least nine feet wide and shall have an adjacent access
37 aisle that is at least six feet wide. [ORS 447.233(2)(c)]
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 16 of 30
I A sign shall be posted for each accessible parking space. The sign shall be clearly visible to a
2 person parking in the space, shall be marked with the International Symbol of Access and
3 shall indicate that the spaces are reserved for persons with disabled person parking permits.
4 Van accessible parking spaces shall have an additional sign marked "Van Accessible"
5 mounted below the sign. [ORS 447.233(2)(e)]
6 Findings: The development as proposed would require 30 off-street parking spaces. The site plan
7 (Exhibit "A" in the record before the Council) shows two van -accessible space that share an
s accessibility aisle. The "handicap ramp access" detail calls for the required signage.
9 Conclusion: The development as proposed requires two accessible spaces, including one van -
10 accessible space. The proposed development complies with WDO 3.105.0l.E.3, WDO
11 3.105.0l.H.4.c, Section 1104 of the Oregon Structural Specialty Code and ORS 447.233.
12
13
14 Fifty percent of the required parking should/shall be covered by garages. [WDO 3.107.05.C.41
15 Findings: The proposed development requires 30 off-street parking spaces. The proposed
16 development provides nine parking spaces in garages. All units have direct access to the surface
17 parking areas via 5 -foot wide pedestrian walkways connecting to the covered front entrances of
18 each unit.
19 Conclusions: Thirty percent of the required parking would be covered by garages. The Council has
20 the discretion to approve a project that does not fully satisfy a design guideline. The proposed
21 parking plan meets the intent of the guideline of WDO 3.107.05.C.4.
22
23
24 Off street loading spaces shall comply with the dimensional standards and amounts not less
25 than those set forth in Table 3.1.3. [WDO 3.105.01.G.11
TABLE 3.1.3 Loading Space Requirements
Minimum Size of Space
Use
Minimum No.
of Spaces
Width
Length
Height
Medium Density Dwellings
10 or more Units
1
12 feet
20 feet
14 feet
26 Findings: For the proposed 15 dwelling units, one loading space is required. The site plan (Exhibit
27 "A" in the record before the Council) shows one exterior loading space, called out as 12'x20'.
28 Conclusion: The proposed development complies with WDO 3.105.0I.G.1.
29
30 Turn arounds shall be required within the off street parking area(s) and/or as specific
31 circulation features, to Department of Public Works requirements based on the review of the
32 Fire District. [WDO 3.104.05.D5]
33 Findings: The site plan (Exhibit "A" in the record before the Council) shows a looped driveway.
34 Conclusions: The proposed development complies with WDO 3.104.05.D.5.
35
36
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 17 of 30
I Off street vehicle parking spaces and maneuvering areas, EXCEPT those for single family
2 and duplex dwellings and those for disabled persons, within off street parking areas shall be
3 designed in compliance with Table 3.1.4. Three or more off street parking spaces provided
4 subject to Table 3.1.4 shall be designed so that no backing or maneuvering within a public
s street right of way is required. [WDO 3.105.0l.H.4.a]
TABLE
3.1.4 Parking Space and Aisle Dimensions See Figure 6.10
Aisle
Type
Width (Measured from
Curb
1 -Way
2 -Way
Stall
the midpoint of the
Length
Aisle
Aisle
Depth
double stripe)
Width
Width
(A)
(B)
(C)
(D)
(E)
(E)
(F)
900
Standard
9.0 feet
9.0 feet
24.0 feet
24.0 feet
19.0 feet
Compact
7.5 feet
7.5 feet
22.0 feet
24.0 feet
15.0 feet
6 Findings: The site plan (Exhibit "A" in the record before the Council) shows the standard parking
7 spaces as at least 9 feet wide and 19 feet long, and compact spaces as 7.5 feet wide and 15 feet long.
a The site plan shows 24 foot wide drive aisles. No backing or maneuvering is required within a
9 public street right of way.
10 Conclusions: The parking spaces and drive aisles comply with WDO 3.105.0l.H.4 and Table 3.1.4.
11
12
13 Off street parking and maneuvering areas shall have directional markings and signs to
14 control vehicle movement. [WDO 3.105.0l.H.51
15 Finding: The site plan (Exhibit "A" in the record before the Council) shows directional marking in
16 the driveways.
17 Conclusion: The proposed development complies with WDO 3.105.01.H.5.
18
19
20 Off street parking spaces shall be delineated by double parallel lines on each side of a space.
21 The total width of the lines shall delineate a separation of 2 feet. [WDO 3.105.0l.H.61
22 Findings: The site plan (Exhibit "A" in the record before the Council) shows the exterior parking
23 spaces to be delineated by double parallel lines.
24 Conclusion: The proposed development complies with WDO 3.105.0I.H.6.
25
26
27 All outdoor lighting shall be designed so as not to shine or reflect into any adjacent
28 residentially zoned or used property, and shall not cast a glare onto moving vehicles on any
29 public street. [WDO 3.105.01.11.81
30 Findings: No photometric plan was submitted for review. The site plan (Exhibit "A" in the record
31 before the Council) shows 2 pole -mounted luminaires, 12 decorative hanging lights, and 11 wall
32 packs. Manufacturer's information on the specified wall packs show that they meet IESNA
33 (Illuminating Engineers Society of North America) standards for cutoff fixtures if mounted
34 vertically, but may also be tilted up to 45 degrees from nadir for use as a floodlight. No information
35 was provided on shielding of the pole -mounted luminaires or proposed orientation of the wall
36 packs.
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 18 of 30
I Conclusions: The submittal does not provide a basis to definitively conclude that the proposed
2 illumination will not "shine or reflect into any adjacent residentially zoned or used property." The
3 applicant should submit a photometric plan or details of luminaire shielding and wall pack
a orientation demonstrating compliance with WDO 3.105.0l.H.8 to the Planning Division prior to
s issuance of any building permit.
a All uses required to provide 10 or more off street parking spaces shall provide a bicycle rack
9 within 50 feet of the main entrance. The number of required rack spaces shall be one plus one
10 per ten vehicle parking spaces, with a maximum of 20 rack spaces. [WDO 3.105.01.11.10]
11 Findings: The development as proposed would require 30 off-street parking spaces. This yields a
12 requirement of four bicycle rack spaces. The site plan (Exhibit "A" in the record before the
13 Council) shows two bicycle racks with 16 rack spaces. The bicycle racks are locate in the central
14 open space, adjacent to building entrances.
15 Conclusion: The proposed development complies with WDO 3.105.01.11.10.
16
17
18 WDO 3.106 Landscaping Standards
19
20 The subject property shall be landscaped to the standards of Sections 3.106 and 3.107.03.
21 [WDO 2.104.07.F.21
22 The provisions of this section shall apply:
23 A. To the site area for all new structures and related parking EXCLUDING single -
24 family and duplex dwellings and accessory structures. [WDO 3.106.011
25 Findings: The proposed development consists of new structures and related parking. The structures
26 are not single-family or duplex dwellings.
27 Conclusion: The development is subject to WDO 3.106 under WDO 2.104.07.F.2 and 3.106.01.A.
28
29
30 Development in an RM zone, except for a single family dwelling and duplex dwelling, shall be
31 subject to the setback and buffer requirements of Table 2.1.7. [WDO 2.104.06.D.2.a]
32
TABLE 2.1.7 Interior Yard and Buffer Standards for RM Zones
Abutting Property
Landscaping
Existing single family or duplex
dwelling
All interior yards shall be fully landscaped subject to Section
3.106.
RM, P/SP zone; or Existing
medium density residential unit
All interior yards shall be fully landscaped subject to Section
13.106.
33 Finding: The property abuts existing single-family dwellings to the west, property zoned P/SP to the
34 north, and property zoned P/SP and an existing medium density residential development to the east.
35 Conclusion: All interior yards must be fully landscaped subject to Section 3.106, in accordance with
36 Table 2.1.7.
37
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 19 of 30
2 All required landscaped areas shall be permanently irrigated. [WDO 3.106.02.B]
3 Findings: The utility plan and landscaping plan show a 1'/2" irrigation meter. The landscaping plan
a notes that "all landscape areas will be provided with an automatic underground irrigation system."
s Conclusion: The proposed development meets the requirements of WDO 3.106.02.B.
s The property owner shall be responsible for maintaining all landscaping in good condition so
9 as to present a healthy and orderly appearance. Unhealthy and dead plants shall be removed
io and replaced in conformance with the original landscape plan. [WDO 3.106.02.E]
I i Finding: This is an ongoing requirement.
12 Conclusion: This requirement will be enforced on current and future property owners.
M
�{(\ 4� 151iu.piW
dmo VW OL" Ax
�6T"AC. t:.:i+•F�?
Fipre 6.3 Setbacks and Yards
13 Front Yard and Yard Abutting a Street.
is a. Landscaping Density for all uses in the RM zones. All front yards and yards abutting
is a street shall be landscaped at a density of one (1) plant unit (PU) per 20 sq. ft. [WDO
16 3.106.03.A.21
17 Findings: The front yard contains approximately 3,934 square feet of area. The landscaping plan
18 shows the front yard to be stocked with 141 plat units, or 0.72 plant units per 20 square feet. A total
19 of 197 plant units is required to provide 1 plant unit per 20 square feet.
20 Conclusion: The landscaping proposed for the front yard does not meet the standard of WDO
21 3.106.03.A.2.a. The property owner shall provide at least 197 plant units in the front yard.
22 Yard, Buffer: An yard improved with landscaping and/or screening to applicable standards
23 of the WDO that is located between two land uses of differing character to minimize potential
24 conflicts and to provide a more aesthetic environment. [WDO 1.1021
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 20 of 30
I Findings: The property abuts a single-family dwellings to the west, school property in the P/SP zone
2 to the north and along a portion of the east lot line, and an existing multiple -family development
3 along the remainder of the east lot line. The south property line is adjacent to lots developed with
4 single-family dwellings.
5 Conclusion: Yards abutting lots developed with single-family dwellings or school property are
6 buffer yards.
9 All buffer yards shall be landscaped at the rate of one (1) plant unit (PU) per 20 sq. ft.
10 EXCEPT for interior buffer yards abutting a wall which are paved and which may be used
11 for parking or site access and vehicular circulation. [WDO 3.106.03.B]
12 Findings: The west and north buffer yards extend from the west and north property lines to the curb.
13 The east buffer yard extends from the east property line to the curb where the east property line
14 abuts school property. The landscape plan shows that the east, north, and west buffer yards contain
15 approximately 264 plant units and approximately 3,478 square feet of area that is not "paved and ...
16 used for parking or site access and vehicular circulation," or 1.52 plant units per 20 square feet. A
17 total of 174 plant units is required to provide 1 plant unit per 20 square feet in the east, north, and
18 west buffer yards.
19 Conclusions: The east, north, and west buffer yards meet the standard of WDO 3.106.03.13. As the
20 stocking requirement for buffer yards is the same as for yards abutting a street, the south buffer yard
21 is adequately addressed under WDO 3.106.03.A.2.a, analyzed above.
22
23
24 Multi -Purpose Landscaping. Trees and other required landscaping located on private
25 property within a required setback abutting a street or an interior lot line that is within 20
26 feet of the paved surface of off street parking and circulation facilities, may also be counted in
27 calculating required landscaping for off street parking and circulation areas. [WDO
28 3.106.03.C.41
29 All unpaved land within off street parking areas, and within 20 feet of the paved edge of off
30 street parking and/or circulation improvements, shall be landscaped in the following
31 proportions:
32 a. RM ... zones: Landscaped area(s) equivalent to 20% of the paved surface area for off
33 street parking and circulation. [WDO 3.106.03.C.11
34 Findings: In a previous submittal, the applicant indicated that the total square footage for the paved
35 surface area for off street parking and circulation is 17,500 Square feet. Twenty percent of the area
36 of off street parking and circulation facilities is 3,500 square feet. The buffer yards and the east side
37 yard contain approximately 4,100 square feet of landscaping, and do not comprise the entire
38 landscaped area within 20 feet of the paved edge of off street parking and/or circulation
39 improvements.
40 Conclusion: The proposed development meets the standard of WDO 3.106.03.C.1.
41
42
43 The density of landscaping required in and adjacent to off street parking and circulation
44 facilities, EXCLUDING required trees, shall be one (1) plant unit per 20 square feet. [WDO
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 21 of 30
I 3.106.03.C.21
2 Findings: The buffer yards and the east side yard contain approximately 4,100 square feet of
3 landscaping, and do not comprise the entire landscaped area within 20 feet of the paved edge of off
4 street parking and/or circulation improvements. The landscaped area of just the buffer yards and
5 east side yard contains 4,129 square feet of area and 327 plant units (excluding the trees required to
6 satisfy WDO 3.106.03.C.3), for a plant density of 1.58 plant units per 20 square feet.
7 Conclusion: The proposed development meets the standard of WDO 3.106.03.C.2.
10 Trees, Section 6.103, shall be planted within and abutting off street parking facilities in a
11 pattern that is in proportion to the distribution of the parking spaces, at the following
12 densities:
13 a. 1 small tree per 5 parking spaces;
14 b. 1 medium tree per 10 parking spaces; or
15 c. 1 large tree per 14 parking spaces. [WDO 3.106.03.C.31
16 Findings: The site plan (Exhibit "A" in the record before the Council) shows 26 external off-street
17 parking spaces. The equivalent of 6 small, 3 medium, or 2 large trees is required by WDO
18 3.106.03.C.3. The landscaping plan shows 9 Black Tupelo (large trees), 7 Norway maple (medium
19 trees), 3 Yoshino cherry (medium trees) and three Vine maples (small trees) abutting the parking
20 area.
21 Conclusion: The proposed development meets the standard of WDO 3.106.03.C.3.
22
23
24 The entire yard area of a property, EXCLUDING areas subject to more intensive landscaping
25 requirements shall be landscaped to a standard of at least one (1) plant unit (PU) per 50
26 square feet prior to final occupancy. [WDO 3.106.03.E]
27 Finding: The portion of the east side yard that abuts the multiple -family development is not subject
28 to more intensive landscaping requirements. This portion of the east side yard contains
29 approximately 5,376 square feet and is landscaped with 71 plant units, which equates to 0.66 plant
30 units per 50 square feet. A total of 108 plant units is required to provide 1 plant unit per 50 square
31 feet. All other yard areas are subject to more intensive landscaping requirements.
32 Conclusion: The portion of the east side yard that abuts the multiple -family development does not
33 meet the standard of WDO 3.106.03.E.
34
35
36 All common areas shall be landscaped with at least three (3) plant units per 50 square feet.
37 [WDO 3.106.03.D]
38 Findings: The site plan (Exhibit "A" in the record before the Council) shows that the central
39 common area contains 3,390 square feet. The preliminary planting plan (Exhibit "E" in the record
40 before the Council) shows that the central common area is landscaped with 211 plant units, which
41 equates to 3.11 plant units per 50 square feet. A total of 204 plant units is required to provide 3
42 plant units per 50 square feet.
43 Conclusion: The common area meets the standard of WDO 3.106.03.D.
44 Required yard setbacks should/shall be included as common open space. [WDO
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 22 of 30
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
1s
19
20
21
22
23
3.107.05.B.1.b]
An ambiguous term in the WDO may be interpreted in the final decision of any Type II, III or
IV application or by a request for a formal interpretation by the City Council. [WDO
4.102.09.A.11
Findings: WDO 3.107.05.8. Lb uses the term "common open space" — which is defined in WDO
1.102 as "An area, feature, building or other facility within a development which has been dedicated
in common to the ownership within the development, or to the public, specifically for the purpose
of providing places for recreation, conservation or landscaping, intended for the use of the residents
and property owners of the development." WDO 3.106.03.1) uses the term "common areas" —
which is not defined in the WDO. The term "common areas" is ambiguous. The instant design
review is a Type III application. The front yard as defined in Figure 6.3 is more extensive than the
front setback and is subject to a stocking requirement of 1 plant unit per 20 square feet (WDO
3.106.03.A.2); the buffer yards are subject to a stocking requirement of 1 plant unit per 20 square
feet except where paved and used for parking or vehicular circulation (WDO 3.106.03.8); and "the
entire yard area of a property [which is more extensive than the setback area] EXCLUDING areas
subject to more intensive landscaping requirements" is subject to a stocking requirement of 1 plant
unit per 50 square feet (WDO 3.106.03.E.) A gradation in stocking requirements is a rational and
proportionate requirement. If the setbacks are "common areas" the stocking requirement increases
to 3 plant units per 50 square feet. This would obviate the gradation in stocking requirements.
Conclusion: The Council has the statutory authority to interpret the term "common areas" in its final
decision. The Council adopts the interpretation that the "common areas" referred to in WDO
3.106.03.1) do not include yards as shown in Figure 6.3.
�y ... .gam. f. •.
E '
All common areas shall be
landscaped with at least three *"
(3) plant units per 50 square . «�
feet.
WDO 3.106.03.D
r
..., V,',�� 43`
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 23 of 30
Interpretation as applied to the instant case
1 Conservation of Significant Trees
2 A. Applicability. The provisions of this Section apply to the removal of any significant
3 tree and the replacement requirements for significant tree removal. A "significant
a tree" is any existing, healthy tree 24 inches or more in diameter, measured 12 inches
s above ground level. [WDO 3.106.041
6 Applicant's statement: "There are 11 trees located throughout the subject property. All the existing
7 trees are located within building envelopes, driveways, and/or parking areas. Therefore, all 11 trees
s are proposed for removal. There are 7 trees that are 24 inches in diameter or greater proposed for
9 removal."
10 Findings: Seven trees proposed to be removed qualify as significant trees.
11 Conclusion: The provisions of WDO 3.106.04 apply to the subject property.
12
13
14 The issuance of a significant tree removal permit requires the property owner to replace each
15 tree removed with two new trees on the same property. Each new tree shall be at least 2
16 inches in caliper. A tree required by the development standards of the underlying zone,
17 Section 3.1., or as a condition of permit approval shall qualify as a replacement tree. [WDO
18 3.106.04.C1
19 Findings: Seven trees proposed to be removed qualify as significant trees. Fourteen replacement
20 trees of at least 2" caliper are required to meet the standard of WDO 3.106.04.C. The preliminary
21 planting plan (Exhibit "E" in the record before the Council) shows 19 trees proposed to be planted
22 on the subject property that are called out as 2" caliper.
23 Conclusion: The landscaping plan meets the requirements of WDO 3.106.04.C.
24
25
26 The required number of plant units shall be met by a combination of plant materials listed in
27 Table 3.1.5, so that eighty (80) percent of the area to be landscaped is covered within three
28 years. Required plant units need not be allocated uniformly through out specified
29 landscaping areas, but may be grouped for visual effect. [WDO 3.106.05.A]
TABLE 3.1.5 Definition of a Plant Unit PU
Plant Material
Plant Unit PU Value
Minimum Size of Plant
1 Significant Tree
15 PU
24" Caliper
1 Large Tree, Section 6.103
10 PU
10' Height or 2" Caliper
1 Medium Tree, Section 6.103
8 PU
10' Hei ht or 2" Caliper
1 Small Tree, Section 6.103
4 PU
10' Height or 2" Caliper
1 Large Deciduous or Evergreen shrub
at maturity over 4' wide x T hi h
2 PU
3 gallon or balled and
burlapped
1 Small to Medium shrub (at maturity
maximum 4' wide x Thigh)
1 PU
1 gallon
Lawn or other living ground cover
I 1 PU
50 sq. ft.
30 Findings regarding plant units:
31 • Weeping Alaska cedar qualifies as a small tree.
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 24 of 30
I •
2 •
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Vine Maple qualifies as a small tree.
Parkway Norway Maple qualifies as a medium tree.
Yoshino Cherry qualifies as a medium tree.
Sugar Maple qualifies as a large tree.
Black Tupelo qualifies as a large tree.
Pink Princess escallonia qualifies as a small shrub.
David Viburnium qualifies as a small shrub.
Crimson Pygmy Barberry qualifies as a small shrub.
Azaleas qualify as small shrubs.
Forest Flame pieris qualifies as a small shrub.
Rhododendron `Unique' qualifies as a small shrub.
Rainbow Drooping leucothoe qualifies as a small shrub.
Dwarf Heavenly Bamboo qualifies as a small shrub.
Dwarf fountain grass qualifies as "other living ground cover."
Massachusetts Kinnikinick qualifies as "other living ground cover."
Bronze bugleweed qualifies as "other living ground cover."
Sod lawn qualifies as "other living ground cover."
Findings: The submittal does not address the requirement that all shrubs and ground cover be sized
to attain 80% ground coverage within 3 years.
Conclusion: The proposed landscaping has not been shown to meet the requirements of WDO
3.106.05.A. The landscape architect must certify that the plant spacing is such that the shrubs and
ground will attain 80% ground coverage within 3 years.
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. [WDO 3.106.05.111
Finding: The preliminary planting plan (Exhibit `B" in the record before the Council) calls for bark
mulch in areas that not covered by plant materials.
Conclusion: The landscaping plan meets the guideline of WDO 3.106.05.B.
A six-inch concrete curb shall be provided between a landscaped area and a parking area or
access way. [WDO 3.106.05.C]
Finding: The site plan (Exhibit "A" in the record before the Council) apparently shows a curb along
the driveway and parking areas. The site plan does not call out the height of the curb. In an email
of February 6, 2008 the applicant stated that a 6" curb would be provided.
Conclusion: The proposed development complies with WDO 3.106.05.C.
WDO 3.107 Architectural Design Guidelines and Standards
Guidelines and Standards for Medium Density Residential Buildings
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 25 of 30
I A. Applicability. Pursuant to Section 1.102, "Medium Density Residential Building"
2 means any building where the predominant use is multiple family, nursing care or
3 assisted care residential.
4 2. For a Type II or III review, the criteria Section 3.107.05.B shall be read as
5 "should" and shall be applied as guidelines. [WDO 3.107.051
7
s Common open space and facilities consist of the site area and facilities not devoted to
9 dwellings, parking, streets, driveways or storage areas that are available for use by all
10 residents of a development. [WDO 3.107.05.B.1.a]
11 Finding: The site plan (Exhibit "A" in the record before the Council) does not show the area between
12 the side and rear lot lines and the perimeter wall as common open space.
13 Conclusion: The area between the side and rear lot lines and the perimeter wall is effectively not
14 "available for use by all residents of a development" and does not qualify as common open space as
15 defined by WDO 3.107.05.B. La. The drive aisles and parking area are "parking, streets, driveways
16 or storage areas" and do not qualify as common open space as defined by WDO 3.107.05.13. La.
17
18 A minimum of 30 percent of the net site area of each medium density residential development
19 should/shall be permanently designated for use as common open space and facilities. [WDO
20 3.107.05.B.1.c.11
21 Findings: The site plan (Exhibit "A" in the record before the Council) shows a site area of 38,943
22 square feet and common open space of 9,588 square feet.
23 Conclusions: The development contains approximately 24.6% of the site area as qualifying common
24 open space. The Council has the discretion to approve a project that does not fully satisfy a design
25 guideline. The development meets the intent of the guideline of WDO 3.107.05.B.1.c.1.
26
27
28 The common area should/shall include at least one open space containing 2000 sq. ft., with a
29 minimum width of 36 feet. [WDO" 3.107.05.B.1.c.21
30 Finding: The site plan (Exhibit "A" in the record before the Council) shows that the central
31 common open space contains 3,390 square feet and measures approximately 50 feet by 70 feet.
32 Conclusion: The central common open space meets the guidelines of WDO 3.107.05.B.1.c.2.
33
34
35 Facilities to accommodate children's and/or adult recreation, meeting or education activities
36 should/shall be provided at a ratio of 36 sq. ft. of outdoor, or 12 sq. ft. of indoor, common area
37 per dwelling unit or living unit. The minimum improved common area for this purpose
38 should/shall be 720 square feet of outdoor or 240 sq. ft. indoor space. The space for such
39 improvements may be counted as part of the common area required by Section
40 3.107.05.B.I.c.2). at a 1:1 ratio for outdoor space and 3:1 ratio for indoor space. [WDO
41 3.107.05.B.1.c.31
42 Findings: At the given ratios, 15 dwelling units yield a requirement of 540 square feet of outdoor, or
43 180 square feet of indoor recreation, meeting or education areas and facilities — less than the
44 minimum 720 square feet of outdoor or 240 sq. ft. indoor space. The building plans do not show
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 26 of 30
I indoor facilities. The preliminary planting plan (Exhibit "E" in the record before the Council)
z shows a picnic table, barbeque pit, two benches, and an open lawn area in the central common open
3 space.
4 Conclusions: In conjunction with the picnic table, barbeque pit, and benches, the open lawn area is
s considered a facility for recreation. The proposed development meets the guideline of WDO
6 3.107.05.B.1.c.3.
s
9 Medium density dwelling units sited on the finished grade, or within 5 feet of the finished
10 grade, should/shall have 96 square feet of semi -enclosed, private open space, with no
I i dimension less than 6 feet. [WDO 3.107.05.B.2.a.11
12 Findings: The floor plans (Exhibits "G" and "H" in the record before the Council) show that two
13 units of the 6-plex and two units of the 9-plex have private open spaces with approximately 81
14 square feet each of area with no dimension less than 6 feet (measuring approximately I V-0" x 7%
15 4".) An additional area of approximately 50 square feet has one dimension less than 6 feet
16 (measuring approximately 10%0" x 5'-0".) One unit of the 9-plex has a private open space with
17 approximately 60 square feet of area with one dimension less than 6 feet (measuring approximately
is 12'-0" x 5'-0".) Garages are not "habitable space" or "living space" as defined by the Oregon
19 Residential Specialty Code. The applicant has indicated that they will meet the square footage and
20 dimension requirement of Condition No. 69.
21 Conclusions: The portions of the open space with any dimension less than 6 feet do not meet the
22 requirements of WDO 3.107.05.B.1.c.2. The private open spaces as shown on the floor plans
23 (Exhibits "G" and "H" in the record before the Council) do not meet the guidelines of WDO
24 3.107.05.B. l .c.2. Units with only a garage on the ground floor are not "dwelling units sited on the
25 finished grade." The applicant shall submit revised floor plans to the Planning Division
26 demonstrating compliance with WDO 3.107.05.B.1.c.2 before issuance of a building permit.
27
28 Ground level private open space should/shall be visually and physically separated from
29 common open space through the use of perimeter landscaping or fencing. [WDO
30 3.107.05.B.2.a.21
31 Findings: The building elevations (Exhibits "I" and "J" in the record before the Council) show that
32 the ground level private open spaces are separated from the common open spaces by walls or fences
33 approximately 3 feet in height.
34 Conclusions: The proposed separation between the private open spaces and the common open
35 spaces meets the guideline of WDO 3.107.05.B.2.a.2.
36
37
38 Medium density dwelling units sited more than 5 feet from the finished grade (a balcony)
39 should/shall have 48 square feet of private open space, with no dimension less than 6 feet.
40 [WDO 3.107.05.B.2.b]
41 Findings: The floor plans of the 6-plex (Exhibit "G" in the record before the Council) show that the
42 four upper-level units have decks on the second floor. The decks are not dimensioned. At the
43 apparent scale, two of the decks are approximately 5'-3" deep and 10'-6" wide and contain
44 approximately 55 square feet. The other two decks are approximately 6'-9" deep and 11'-3" wide
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 27 of 30
I and contain approximately 76 square feet.
2 Findings: The floor plans of the 9-plex (Exhibit "H" in the record before the Council) show that the
3 six upper-level units have decks on the second floor. The decks are not dimensioned. At the
4 apparent scale, two of the decks are approximately 5'-3" deep and 10'-6" wide and contain
5 approximately 55 square feet. Two other decks are approximately 6'-9" deep and 11'-3" wide and
6 contain approximately 76 square feet. The other two decks are approximately 4'-10" deep and 16'-
7 6" wide and contain approximately 80 square feet.
s Conclusions: The proposed floor plans of both the 6-plex and the 9-plex do not meet the guidelines
9 of WDO 3.107.05.B.2.b for all dwelling units. The property owner should provide all upper-level
10 dwelling units with at least 48 square feet of private open space in a balcony or deck, with no
11 dimension less than 6 feet.
12
13
14 Medium density residential buildings should/shall have no dimension greater than 150 feet.
15 [WDO 3.107.05.C.1.a]
16 Finding: The floor plans (Exhibits "G" and "H" in the record before the Council) show that the
17 maximum building dimension is approximately 64 feet.
18 Conclusion: The buildings meet the guideline of WDO 3.107.05.C. La.
19
20
21 Every two attached medium density residential dwelling units shouldlshall be offset by at least
22 4 feet in depth. [WDO 3.107.05.C.1.b]
23 Finding: The buildings incorporate varied rooflines, balconies, and covered entries.
24 Conclusion: The buildings meet the guideline of WDO 3.107.05.C. Lb.
25
26
27 Adjacent medium density residential buildings located within 28 feet of a property line,
28 shouldlshall vary the setback at least 4 feet. [WDO 3.107.05.C.1.c]
29 Finding: The site plan (Exhibit "A" in the record before the Council) shows the buildings to be
30 located more than 28 feet from the east and west property lines.
31 Conclusion: The guideline of WDO 3.107.05.C. Lc does not apply.
32
33
34 A flat roof, or the ridge of a sloping roof, for a medium density residential building
35 should/shall not exceed a horizontal length of 100 feet. [WDO 3.107.05.C.1.d]
36 Finding: The elevation drawings (Exhibit "J" in the record before the Council) show that the
37 maximum length of a ridgeline is approximately 64 feet.
38 Conclusion: The buildings meet the guideline of WDO 3.107.05.C.1.d.
39
40
41 Medium density residential buildings should/shall incorporate a porch or recessed entry for
42 each ground level dwelling unit. Covered porches and entries should average at least 30 feet
43 square per unit, with no dimension less than 6 feet. [WDO 3.107.05.C.1.e]
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 28 of 30
I Finding: The floor plans of the 6-plex (Exhibit "G" in the record before the Council) show that the
z ground level units have covered porches with approximately 81 square feet each of area that has no
3 dimension less than 6 feet.
4 Findings: The floor plans of the 9-plex (Exhibit "H" in the record before the Council) show that two
s ground level units have covered porches with approximately 81 square feet each of area that has no
6 dimension less than 6 feet. One ground level unit has a covered porch approximately 5'-0" deep
7 and 12'-0" wide and containing approximately 60 square feet
8 Conclusions: The 6-plex meets the guidelines of WDO 3.107.05.C. Le. One ground level unit of the
9 9-plex does not meet the guidelines of WDO 3.107.05.C. Le. The property owner should a porch or
10 recessed entry for each ground level dwelling unit, consistent with the guidelines of WDO
11 3.107.05.C. Le.
12
13
14 All habitable rooms, except bath rooms, facing a required front yard should/shall incorporate
15 windows. [WDO 3.107.05.C.1.fl
16 Finding: The south facade of the 6-plex faces the front yard. Garages are not considered habitable
17 rooms. The floor plans of the 6-plex (Exhibit "G" in the record before the Council) show that all
18 habitable rooms on the south face, except bathrooms, have windows.
19 Conclusion: The development meets the guideline of WDO 3.107.05.C. Lf.
20
21
22 Stair cases providing access above the first floor level should/shall not be visible from a street.
23 [WDO 3.107.05.C.1.g]
24 Finding: The floor plans (Exhibits "G" and "H" in the record before the Council) show that the
25 staircases providing access above the first floor are internal.
26 Conclusion: The buildings meet the guideline of WDO 3.107.05.C.1.g.
27
2s
29 The exterior finish for at least 90 percent of the facade should/shall be:
30 1) Either siding, brick or stucco. Plain concrete, corrugated metal, plywood and sheet
31 press board should/shall not be used as exterior finish material. [WDO 3.107.05.C.2.a]
32 Finding: The elevation drawings of the 9-plex (Exhibit "J" in the record before the Council) and the
33 perspective rendering (Exhibit "K" in the record before the Council) show the predominant exterior
34 finish to be lap siding, cultured stone, and architectural shakes.
35 Conclusion: The buildings meet the guideline of WDO 3.107.05.C.2.a.1.
36
37
38 The exterior finish for at least 90 percent of the facade should/shall be:
39 2) Either white, tinted with a minimum of 10 parts per 100 of white, or shaded with a
40 minimum of 10 parts per 100 of black or brown. "Flourescent," "day-glo," or any
41 similar bright color shoul&shall not be used on the facade. [WDO 3.107.05.C.2.aj
42 Finding: The color scheme (Exhibit "L" in the record before the Council) shows the predominant
43 colors to be "Backdrop," "Status bronze," Rugged brown," and "Rockwood clay."
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "A" Page 29 of 30
1
z
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
Conclusion: The color scheme of the buildings meets the guidelines of WDO 3.107.05.C.2.a.2.
The roofing material for medium density dwellings should/shall be either composition
shingles; clay or concrete tile; metal; or cedar shingles or shakes. Composition shingles
should/shall be architectural style with a certified performance of at least 25 years. [WDO
3.107.05.C.2.b]
Finding: The building elevations for the 9-plex (Exhibit "Y in the record before the Council) call
out "asphalt shingle roofing."
Conclusion: The proposed roofing material complies with the guidelines of WDO 3.107.05.C.2.b.
The internal pedestrian system in medium density residential developments shouldlshall
connect to other areas of the site, to other building entrances and to adjacent streets. [WDO
3.107.05.C.3.a]
Finding: The site plan (Exhibit "A" in the record before the Council) shows a sidewalk fronting all
units, and extending to the sidewalk on Lincoln Street.
Conclusion: The buildings meet the guideline of WDO 3.107.05.C.3.a.
DR 2007-12, VAR -1008-07, and EXCP 2007-08 Appendix "A" Page 30 of 30
APPENDIX "B"
1 The Council approves cases DR 2007-12, VAR 2008-07, and EXCP 2007-08 subject to the
2 following conditions of approval:
3 1. The property owner shall develop and maintain the subject property in accordance with all
4 provisions of the WDO, whether or not addressed in the staff review, conditions of
5 approval, or public hearing.
6 2. The property shall be developed in substantial conformity to the plans, attached hereto as
7 Exhibits "A" though "N," except as modified by these conditions of approval.
s 3. The term "substantial conformity" shall not be interpreted as relieving the property owner
9 from complying with any requirement of the WDO. The term "substantial conformity"
10 shall not be interpreted to mean that City staff have the authority to waive or vary any
11 development standard set forth in the WDO or to modify any condition of approval
12 imposed by the Planning Commission.
13 4. The variance application authorizes the establishment of 15 dwelling units.*
14 5. The buildings shall not exceed 35 feet in height, in accordance with WDO 2.104.06.C.*
15 6. The buildings shall be set back at least 20 feet from East Lincoln Street, in accordance with
16 WDO 2.104.06.D.1.a.*
17 7. The buildings shall be set back at least 36 feet from the east, west, and north property
18 lines, in accordance with WDO 2.104.06.D.2.a and Table 2.1.7.*
19 8. The property owner shall provide at least 20 feet between the garage entrances and the
20 closest edge of the shared driveway, in accordance with WDO 2.104.06.D.1.b.2.*
21 9. The property owner shall install a solid brick or architectural wall with anti -graffiti surface,
22 no less than 6 feet or greater than 7 feet in height, along the west property line, in
23 accordance with Table 2.1.7. The wall shall be no more than 30 inches in height
24 (measured from the top of the curb) within vision clearance area per WDO 3.103.10.E.*
25 10. The property owner shall install a solid brick or architectural wall with anti -graffiti surface,
26 no less than 6 feet or greater than 7 feet in height, along the north and east property lines,
27 in accordance with Table 2.1.7. The wall shall be no more than 30 inches in height
28 (measured from the top of the curb) within vision clearance area per WDO 3.103.10.E.*
29 11. All architectural walls shall incorporate at least two colors and/or textures on the side
30 facing away from the subject property.*
31 12. Common refuse collection facilities shall be screened by an architectural block wall and
32 solid gate a minimum of six feet and a maximum of seven feet in height, in accordance
33 with WDO 2.104.07.F.3.
34 13. The property owner shall demonstrate that the refuse enclosure incorporates at least two
35 colors and/or textures.
36 14. The property owner shall provide an anti -graffiti surface for the wall and gate.*
37
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix `B" Page 1 of 7
1 15. The property owner shall orient the refuse collection facility so that the gate will not be
2 visible from East Lincoln Street.
3 16. The property owner shall dedicate an additional 11 feet to right-of-way for East Lincoln
4 Street, in accordance with the Transportation System Plan.*
s 17. The property owner shall provide all street improvements required by the Transportation
6 System Plan or obtain an exception to street right of way and improvement requirements,
7 in accordance with WDO 3.101.02.D.
s 18. The property owner shall enter into a nonremonstrance agreement to participate in the cost
9 of reconstructing East Lincoln Street to the standards of the Transportation System Plan
10 when such reconstruction becomes timely. The property owner shall bear costs of such
I 1 reconstruction proportionate to the property's boundary street frontage as defined in WDO
12 1.102 and Figure 6.12: 166.65 lineal feet of half -street improvements.
13 19. The property owner shall provide 7 small street trees, 5 medium street trees, or 4 large
14 street trees in accordance with WDO 3.106.03.A. L*
is 20. The property owner shall provide driveways at least 20 feet in width, in accordance with
16 WDO 3.104.05.D.1.b.1.*
17 21. The property owner shall provide curb returns with a radius of at least 25 feet, in
18 accordance with WDO 3.104.05.D.2.*
19 22. The property owner shall reconfigure the parking to provide a driveway throat length of at
20 least 20 feet, in accordance with WDO 3.104.05.D.4.b, or obtain a variance.
21 23. Each parking space outside a garage shall be reserved for the exclusive use of the dwelling
22 unit served by the garage. A sign shall be posted on each garage door indicating this
23 reserved status.*
24 24. The property owner shall provide at least 2.0 off-street parking spaces per dwelling unit, in
25 accordance with WDO 3.105.0I.E.1.*
26 25. The property owner shall provide accessible off-street parking spaces, including at least
27 one van -accessible space, in accordance with WDO 3.105.0l.E.3, WDO 3.105.0l.H.4.c,
28 Section 1104 of the Oregon Structural Specialty Code and ORS 447.233.*
29 26. All parking spaces shall comply with the dimensional requirements of WDO 3.105.0l.H.4
30 and Table 3.1.4.*
31 27. The property owner shall provide one loading space, in accordance with WDO
32 3.105.01.G.1.*
33 28. The property owner shall provide a looped driveway to Department of Public Works
34 requirements based on the review of the Fire District, in accordance with WDO
35 3.104.05.D.5.*
36 29. The property owner shall provide driveways with a minimum 28 foot inside radius.*
37 30. The property owner shall post the driveway "no parking," in accordance with WDO
38 3.105.0l.G.5 and WDO 3.105.0l.H.5.*
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "B" Page 2 of 7
31. The property owner shall provide pavement marking in the driveway and "no parking"
z
signs along the driveway, in accordance with WDO 3.105.01 .G.5 and WDO
3
3.105.0l.H.5.*
4 32.
Exterior parking spaces shall be delineated by double parallel lines, in accordance with
5
WDO 3.105.0LH.6.*
6 33.
The applicant shall submit a photometric plan or details of luminaire shielding and wall
7
pack orientation demonstrating compliance with WDO 3.105.01.1-1.8 to the Planning
s
Division prior to issuance of any building permit.
9 34.
The applicant shall provide at least four bicycle rack spaces, in accordance with WDO
10
3.105.0l.H.10.*
11 35.
The parking spaces and drive aisles shall comply with WDO 3.105.01.1-1.4 and the
12
minimum dimensions required by Table 3.1.4.*
13 36.
All required landscaped areas shall be permanently irrigated, in accordance with WDO
14
3.106.02.B.*
15 37. The property owner shall maintain all landscaping in good condition. Unhealthy and dead
16 plants shall be removed and replaced in conformance with the original landscape plan, in
17 accordance with WDO 3.106.02.E.*
18 38. The property owner shall provide at least 197 plant units in the front yard, in accordance
19 with WDO 3.106.03.A.2.a.
20 39. The property owner shall provide at least 174 plant units in the east, north, and west buffer
21 yards, in accordance with WDO 3.106.03.B.*
22 40. The property owner shall landscape at least 20% of the paved surface area for off street
23 parking and circulation. Such landscaping shall be located within 20 feet of the paved
24 edge of off street parking and/or circulation improvements, and shall contain at least one
25 (1) plant unit per 20 square feet excluding required trees, in accordance with WDO
26 3.106.03.C.1 and C.2.*
27 41. The property owner shall provide at least the equivalent of 6 small, 3 medium, or 2 large
28 trees within and abutting off street parking facilities in a pattern that is in proportion to the
29 distribution of the parking spaces, in accordance with WDO 3.106.03.C.3.*
30 42. The property owner shall provide at least 108 plant units in the east side yard that abuts the
31 multiple -family development, in accordance with WDO 3.106.03.E.
32 43. The property owner shall provide at least 204 plant units in the central common area, in
33 accordance with WDO 3.106.03.D.
34 44. The landscape architect shall certify that the plant spacing is such that the shrubs and
35 ground will attain 80% ground coverage within 3 years, in accordance with WDO
36 3.106.05.A.
37 45. The property owner shall provide at least fourteen replacement trees of at least 2" caliper,
38 in accordance with WDO 3.106.04.C.*
39 46. Landscaped areas that are not covered by plant materials shall be covered by a layer of
40 bark mulch or decorative rock, EXCLUDING ordinary crushed gravel, a minimum of 2
41 inches in depth, in accordance with WDO 3.106.05.B.*
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "B" Page 3 of 7
1 47. The property owner shall provide a six-inch concrete curb between a landscaped area and a
2 parking area or access way, in accordance with WDO 3.106.05.C.*
3 48. Fire flows of the existing hydrants shall be provided to the Building Official and the Fire
4 District, in accordance with Appendix B of the Oregon Fire Code.
s 49. The property owner shall provide one or more on-site hydrants as required by Appendix C
6 of the Oregon Fire Code.*
7 50. The building must be sprinklered, in accordance with Chapter 9 of the Oregon Structural
8 Specialty Code.*
9 51. The property owner shall provide a fire alarm system if required by Chapter 9 of the
10 Oregon Structural Specialty Code.
11 52. The property owner shall provide at least 26 feet of driveway width required at the on-site
12 hydrant for a minimum of 20 feet on both sides of the hydrant (40 foot total length) , in
13 accordance with Appendix D of the Oregon Fire Code.*
14 53. ADA access must be provided from the street, in accordance with Chapter 11 of the
15 Oregon Structural Specialty Code.*
16 54. The property owner shall obtain plan approval and permit issuance from the Public Works
17 Department for all work within the public rights-of-way or easement.
18 55. The property owner shall convey to the city a utility easement for all city maintained
19 facilities located on private property.
20 56. The property owner shall pay all system development charges and installation fees at the
21 time of building permit issuance.
22 57. The property owner shall provide a storm water analysis to the Public Works Department
23 to verify that the existing storm sewer system has the capacity to accept the additional
24 runoff without on-site detention. If the existing storm sewer system does not have the
25 capacity to accept the additional runoff without on-site detention, the property owner shall
26 provide onsite detention in accordance with the city Storm Water Master Plan.
27 58. The proposed 12" diameter storm system to be constructed within Lincoln Street shall be
28 approved and installed in accordance with Public Works Department standards,
29 specifications, approval and permit requirements.
30 59. The wastewater service shall be sized in accordance the Uniform Plumbing Code.
31 60. The existing wastewater service to the existing residential structure shall not be utilized in
32 conjunction with this development and shall be plugged at the property line by the property
33 owner in a manner approved by the Public Works Department.
34 61. The property owner shall provide a backflow preventer approved by the Public Works
35 Department for every new domestic, lawn irrigation and fire sprinkler service. (Contact
36 Frank Sutter, City of Woodburn Water Superintendent for type and installation
37 requirements at 503-982-5238.).
38 62. City records indicate there is an existing well on the subject property. The well shall either
39 be abandoned in accordance with state requirements or the property owner shall provide an
40 upgraded backflow preventer approved by the Public Works Department for every new
41 domestic, lawn irrigation and fire sprinkler connection.
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "B" Page 4 of 7
1 63. The existing domestic water service to the existing residential structure shall not be utilized
2 in conjunction with this development . The existing domestic water service shall be
3 abandoned by the city. The property owner shall pay the abandonment fee at the time of
a building permit issuance.
s 64. Additional expansion of the public water system, if required, shall conform to Public
6 Works Department standards, specifications, approval and permit requirements.
7 65. Required yards shall be included as common open space, in accordance with the guideline
s of WDO 3.107.05.B.1.b.*
9 66. The property owner shall provide at least 9,588 square feet of common open space and
10 facilities, in accordance with the guideline of WDO 3.107.05.B.1.c.1.*
11 67. The common area shall include at least one open space containing 2000 sq. ft., with a
12 minimum width of 36 feet, in accordance with the guidelines of WDO 3.107.05.B.I.c.2.*
13 68. The property owner shall provide at least 720 square feet of outdoor, or 240 square feet of
14 indoor recreation, meeting or education areas and facilities to meet the guideline of WDO
is 3.107.05.B.1.c.3.*
16 69. The property owner shall provide each dwelling unit on or within 5 feet of the finished
17 grade with 96 square feet of semi -enclosed, private open space, with no dimension less
18 than 6 feet, to meet the guidelines of WDO 3.107.05.B.1.c.2. The applicant shall submit
19 revised floor plans to the Planning Division demonstrating compliance with WDO
20 3.107.05.13.I .c.2 prior to issuance of a building permit.
21 70. The property owner should provide all upper-level dwelling units with at least 48 square
22 feet of private open space in a balcony or deck, with no dimension less than 6 feet, to meet
23 the guidelines of WDO 3.107.05.B.2.b. The applicant shall submit revised floor plans to
24 the Planning Division demonstrating compliance with WDO 3.107.05.B.2.b prior to
25 issuance of a building permit.
26 71. Ground level private open space shall be visually and physically separated from common
27 open space through the use of perimeter landscaping or fencing, to meet the guidelines of
28 WDO 3.107.05.B.2.a.2.*
29 72. The buildings shall have no dimension greater than 150 feet, to meet the guideline of
30 WDO 3.107.05.C.La. *
31 73. Every two attached medium density residential dwelling units shall be offset by at least 4
32 feet in depth, to meet the guideline of the guideline of WDO 3.107.05.C.I .b.*
33 74. The ridge of a sloping roof, for a medium density residential building shall not exceed a
34 horizontal length of 100 feet, to meet the guideline of WDO 3.107.05.C.1.d.*
35 75. The buildings shall incorporate a porch or recessed entry for each ground level dwelling
36 unit. Covered porches and entries shall average at least 30 feet square per unit, with no
37 dimension less than 6 feet, to meet the guideline of WDO 3.107.05.C. Le. The applicant
38 shall submit revised floor plans to the Planning Division demonstrating compliance with
39 WDO 3.107.05.C. Le prior to issuance of a building permit.
40 76. All habitable rooms of the southern building, except bath rooms, shall incorporate
41 windows, in accordance with the guideline of WDO 3.107.05.C. 11*
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "B" Page 5 of 7
1 77. The exterior finish for at least 90 percent of the facade shall be either siding, brick or
2 stucco. Plain concrete, corrugated metal, plywood and sheet press board should/shall not
3 be used as exterior finish material, in accordance with the guideline of WDO
4 3.107.05.C.2.a.1.*
s 78. The exterior finish for at least 90 percent of the facade shall be either white, tinted with a
6 minimum of 10 parts per 100 of white, or shaded with a minimum of 10 parts per 100 of
7 black or brown. "Fluorescent," "day-glo," or any similar bright color shall not be used on
a the facade, in accordance with the guideline of WDO 3.107.05.C.2.a.2.*
9 79. The roofing material shall be either composition shingles; clay or concrete tile; metal; or
10 cedar shingles or shakes. Composition shingles shall be architectural style with a certified
11 performance of at least 25 years, to meet the guideline of WDO 3.107.05.C.2.b.*
12 80. The internal pedestrian system shall connect to other areas of the site, to other building
13 entrances and to adjacent streets, to meet the guideline of WDO 3.107.05.C.3.a.*
14 81. The property owner shall provide garages for at least 9 dwelling units, in accordance with
is the guideline of WDO 3.107.05.C.4.*
16 * The development as proposed appears to meet these conditions of approval. These
17 conditions are included to reiterate the relevant standards and guidelines.
is
19
20 Attachments and Exhibits That Are Incoraorated by Reference:
21
31
22 Attachment
"A"
Zoning Map
23 Attachment
"B"
Comprehensive Plan Map
24 Attachment
"C"
Public Works Department comments
25 Attachment
"D"
Building Division comments
26 Attachment
"E"
Applicant's proportionality analysis
27 Attachment
"F"
Proportionality analysis conducted by the Planning Division
28 Attachment
"G"
Applicant's narrative regarding the design review, date-stamped April 3, 2008
29 Attachment
"H"
Applicant's narrative regarding the variance, date-stamped April 3, 2008
30
31
32 Exhibit "A"
Site Plan, Sheet CO. 1, printed February 15, 2008
33 Exhibit "B"
Existing Conditions Plan, Sheet C0.2, printed February 15, 2008
34 Exhibit "C"
Grading and Drainage Plan, Sheet C0.3, printed February 15, 2008
35 Exhibit "D"
Utility Plan, Sheet C0.4, printed February 15, 2008
36 Exhibit "E"
Preliminary Planting Plan, Sheet L1.01, printed February 15, 2008
37 Exhibit "F"
Landscape Detail Sheet, Sheet 2.01, printed February 15, 2008
38 Exhibit "G"
6-Plex Floor Plans, printed February 15, 2008
39 Exhibit "H"
9 -flex Floor Plans (mislabeled "9-Plex Exterior Elevations), printed February 15,
40
2008
41 Exhibit "I"
6-Plex Exterior Elevations, printed February 15, 2008
42 Exhibit "J"
9-Plex Exterior Elevations, printed February 15, 2008
43 Exhibit "K"
Architectural rendering, date-stamped January 14, 2008
44 Exhibit "L"
Color scheme, date-stamped January 14, 2008
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "B" Page 6 of 7
I Exhibit "M" Architectural rendering titled "6 -Plea Building" introduced at the Council's public
z hearing
3 Exhibit "N" Architectural rendering titled "9 -Plea Building" introduced at the Council's public
4 hearing
DR 2007-12, VAR 2008-07, and EXCP 2007-08 Appendix "B" Page 7 of 7