Res 1903 - DR 2008-1 and EXCP 2008-03COUNCIL BILL NO. 2740
RESOLUTION NO. 1903
A RESOLUTION APPROVING APPLICATIONS IN DR 2008-01 AND EXCP 2008-03;
ADOPTING FINDINGS IN SUPPORT OF SAID APPROVALS; AND IMPOSING THE
CONDITIONS PREVIOUSLY IMPOSED BY THE WOODBURN PLANNING COMMISSION
WITH THE EXCEPTION OF CONDITION NO. 5, WHICH IS MODIFIED AS PROVIDED
HEREIN
WHEREAS, applications were made by Brice Corporation, applicant, on
behalf of Plaza Center, LLC, property owner, for a design review for a 14,820
square foot pharmacy (case DR 2008-01) and an exception to street right-of-
way and improvements for Evergreen Road (case EXCP 2008-03) and;
WHEREAS, the Woodburn Planning Commission held a public hearing on
the applications at its meeting of June 26, 2008 and;
WHEREAS, the Planning Commission approved applications in DR 2008-01
and EXCP 2008-03 subject to certain conditions of approval, and;
WHEREAS, the applicant timely appealed to the Woodburn City Council
under WDO 4.102.01; and
WHEREAS, the Council held a de novo public hearing on the cases at its
meeting of August 11, 2008, and;
WHEREAS, the Council considered the written and oral testimony
presented by staff and the applicant; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The applications in cases DR 2008-01 and EXCP 2008-03 are
approved.
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 Exhibit "A" and by this reference are incorporated herein.
Section 3. Approval of the applications is subject to the conditions
previously imposed by the Woodburn Planning Commission, attached hereto as
Exhibit "B", EXCEPT that condition number 5 is modified to read as follows:
Page 1 - COUNCIL BILL NO. 2740
RESOLUTION NO. 1903
5. Prior to occupancy, the property owner shall identify the general
layout of vehicular and pedestrian connections from the current
development area to adjacent streets and to other areas of the
subject property. The property owner shall provide conforming
drive aisles in the area of the subject property immediately east of
the current development area. This land use approval
acknowledges that changes to the on-site parking and circulation
layout may be required in connection with subsequent
redevelopment of the property in order to preserve traffic flow,
connectivity, and safety.
Approved as to form: / U 3 /_Z 00 -z
City Attorney
M••
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:_
Mary T64nant City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2740
RESOLUTION NO. 1903
ryn Vigloy, M
Septehber 8./2008
September 10, 2008
September 10, 2008
September 10, 2008
Exhibit "A"
I All uses shall be established and conducted on lots of record, as defined by Section 1.102 and
2 developed to the public facility and access standards of Sections 3.101, 3.102 and 3.104. [WDO
3 2.106.06.FJ
a Findings: The subject property is a parcel created by Minor Partition 89-05.
s Conclusion: That portion of the property being redeveloped is required to comply with Sections
6 3.101 (Street Standards), 3.102 (Utilities and Easements), and 3.104 (Access.)
7
9 The purpose of Type III design review is to insure compliance with the applicable site
10 development standards and architectural design guidelines of Section 3.1 for: All new
11 structures or additions 1000 sq. ft. OR MORE of gross floor area in the ... CG ... zone. [WDO
12 5.103.02.A]
13 Findings: Design Reviews for Structures 1000/2000 Square Feet or More and Exceptions to Street
14 Right of Way and Improvement Requirements are Type III decisions.
15 Conclusions: That portion of the property being redeveloped is required to comply with the
16 applicable site development standards and architectural design guidelines of Section 3.1. The
17 applicable standards and guidelines of Section 3.1 are Sections 3.101 (Street Standards), 3.102
18 (Utilities and Easements), 3.103 (Setback, Open Space, and Lot Standards Generally), 3.104
19 (Access), 3.105 (Off Street Parking and Loading), 3.106 (Landscaping Standards), 3.107
20 (Architectural Design Guidelines and Standards), and 3.110 (Signs.)
21
22
23 All City decision-making bodies have the authority to impose conditions of approval
24 reasonably related to impacts caused by the development or designed to ensure that all
25 applicable approval standards are, or can be, met on Type II, III and IV decisions EXCEPT
26 annexation. All conditions of approval shall be clear and objective or if the condition requires
27 discretion shall provide for a subsequent opportunity for a public hearing. [WDO 4.101.15.A]
28 Finding The City Council is a City decision-making body.
29 Conclusion: The City Council has "the authority to impose conditions of approval reasonably
30 related to impacts caused by the development."
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Exhibit "B"
1 1. The property owner shall execute an acceptance of these conditions on a form provided by
2 the City.
3 2. 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 3. The property shall be developed in substantial conformity to the plans attached hereto as
7 Exhibits "A" though "M," except as modified by these conditions of approval.
s 4. 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
I development standard set forth in the WDO or to modify any condition of approval
12 imposed by the Planning Commission.
13 5. See Council Resolution.
14 6. The maximum height of any building shall not exceed 70 feet, in accordance with WDO
15 2.106.05.B.*
16 7. All buildings shall be set back from streets at least 15 feet plus any Special Setback, in
17 accordance with WDO 2.106.06. C. 1. a. 1.*
18 8. The applicant shall submit detailed plans of the trash enclosure demonstrating that the
19 layout, height, and construction materials comply with WDO 2.106.06.E.3.
20 9. The property owner shall establish and maintain vision clearance areas in accordance with
21 WDO 3.103.10.*
22 10. Prior to issuance of a building permit, the property owner shall either (1) redesign the
23 project to locate the minimum street improvements required by WDO 3.101.02.D.2.b for
24 Evergreen Road (to the northern extent of the proposed driveway) on the subject property,
25 or (2) show that the minimum street improvements for Evergreen Road (to the northern
26 extent of the proposed driveway) would be located entirely within existing dedicated right -
27 of -way or existing recorded public use easements.
28 11. The property owner shall provide the full right of way required of the subject property by
29 the Transportation System Plan for Evergreen Road from the Highway 214 intersection to
30 the northern boundary of the current development area per WDO 3.101.02.D.2.a.
31 12. The property owner shall provide the minimum boundary street improvements required by
32 WDO 3.101.02.D.2.b from the Highway 214 intersection to the northern extent of the
33 proposed driveway.
34 13. The property owner shall enter into a nonremonstrance agreement to participate in the cost
35 of reconstructing Evergreen Road to the standards of the Transportation System Plan when
36 such reconstruction becomes timely.
37 14. In accordance with WDO 3.106.03.A.1, the property owner shall install 30 small street
38 trees, 22 medium street trees, or 15 large street trees, or shall file with the City
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I Administrator a performance guarantee under WDO 4.102.07 for their installation when
2 ODOT improvements are completed along Highway 214 and Evergreen Road.
3 15. The property owner shall provide a lane width for the drive-through of at least 12 feet,
4 unobstructed by lateral vehicular access for at least 50 feet. The property owner shall
s provide a by-pass lane to a site exit with a minimum width of 8 feet, in accordance with
6 WDO 3.104.02.D.*
7 16. The property owner shall provide a turn radius for the drive-through of at least 25 feet, in
a accordance with WDO 3.104.02.D.
9 17. The property owner shall provide curb returns with a radius of at least 25 feet, in
10 accordance with WDO 3.104.05.E.2.
11 18. The property owner shall provide a driveway throat length of at least 50 feet for the
12 driveways on Evergreen Road and Highway 214, in accordance with WDO 3.104.05.E.4.
13 19. The property owner shall install underground utilities for the proposed development, in
14 accordance with WDO 3.102.02.*
15 20. The property owner shall provide street lights installed to the standards of the Public
16 Works Department and the electric utility, or obtain an exception to street right-of-way and
17 improvements for Evergreen Road, in accordance with WDO 3.102.03.
is 21. The property owner shall dedicate easements for the construction and maintenance of
19 municipal water, sewerage and storm drainage facilities, in accordance with WDO
20 3.102.04.A.
21 22. The property owner shall dedicate public utility easements along each property line
22 abutting a public street, in accordance with WDO 3.102.04.B or shall coordinate the
23 location of the easements with the Woodburn Public Works Department.
24 23. The property owner shall provide at least 60 parking spaces for the pharmacy, in
25 accordance with WDO 3.105.02.E and Table 3.1.2.*
26 24. The parking provided shall not exceed 120 spaces for the pharmacy, in accordance with
27 WDO 3.105.02.E and Table 3.1.2.*
28 25. The property owner shall provide no more than 20 percent of the required vehicle parking
29 spaces as compact vehicle parking spaces, in accordance with WDO 3.105.02.F.*
30 26. The property owner shall provide at least 3 disabled person vehicle parking spaces,
31 including one van accessible space, spaces for the pharmacy, in accordance with WDO
32 3.105.02.E.3, WDO 3.105.02.H.4.c, Section 1104 of the Oregon Structural Specialty Code
33 and ORS 447.233.*
34 27. The property owner shall provide at least two loading spaces for the proposed pharmacy, in
35 accordance with WDO 3.105.02.G and Table 3.1.3.
36 28. The property owner shall demonstrate that all the required loading spaces meet the
37 requirements of WDO 2.106.05.C.1.b.2.
38 29. The property owner shall provide turn grounds and/or specific circulation features, to
39 Department of Public Works requirements based on the review of the Fire District, in
40 accordance with WDO 3.104.05.D5.*
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1 30. All vehicle parking and loading area shall be paved with asphalt, concrete, or other hard
2 surfacing approved by the Public Works Director, in accordance with WDO
3 3.105.02.H.1. *
4 31. All vehicle parking and loading area shall be graded and provide storm drainage facilities
5 approved by the Public Works Director, in accordance with WDO 3.105.02.H.2.*
6 32. All vehicle parking shall be constructed with bumper guards or wheel barriers that prevent
7 vehicles from damaging structures or projecting over walkways, access ways, or abutting
8 property or rights of way, in accordance with WDO 3.105.02.H.2.*
9 33. All parking space and aisle dimensions shall comply with the dimensional requirements of
10 WDO 3.105.02.H.4 and with Table 3.1.4.*
11 34. Parking and traffic circulation shall be marked to control vehicle movement, in accordance
12 with WDO 3.105.02.H.5.*
13 35. All off street parking spaces shall be delineated by double parallel lines separated by 2 feet,
14 in accordance with WDO 3.105.02.H.6.*
15 36. The applicant shall submit a lighting plan demonstrating compliance with the standards of
16 WDO 3.105.02.1-1.8 and the guidelines and standards of WDO 3.107.06.17.2.
17 37. The property owner shall provide at least 7 bicycle rack spaces for the proposed pharmacy,
18 in accordance with WDO 3.105.02.H.10.
19 38. The applicant shall install and maintain an irrigation system, in accordance with WDO
20 3.106.02.B.*
21 39. The property owner shall provide at least 2,212 plant units in the yards abutting Evergreen
22 Road and Highway 214, in accordance with WDO 3.106.03.A.2.a.*
23 40. The property owner shall provide an effective 42 -inch vertical visual screen along all
24 parking areas abutting a street, in accordance with WDO 3.106.03.A.2.b.2. Within vision
25 clearance areas, the visual screen shall comply with the 30 -inch height restriction of WDO
26 3.103.10.*
27 41. The property owner shall provide at least 11, 632 square feet of landscaped area within 20
28 feet of the paved edge of off street parking and/or circulation improvements, in accordance
29 with WDO 3.106.03.C.1.a.*
30 42. The property owner shall provide at 582 plant units within 20 feet of the paved edge of off
31 street parking and/or circulation improvements, in accordance with WDO3.106.03.C.2.*
32 43. The property owner shall provide the equivalent of at least 12 small trees, 6 medium trees,
33 or 5 large trees within and abutting off street parking facilities, in accordance with WDO
34 3.106.03.C.3.*
35 44. The property owner shall provide shrubs and ground cover that attain 80% ground
36 coverage within 3 years, in accordance with WDO 3.106.05.A.*
37 45. All landscaped areas that are not covered by plant materials shall be covered by a layer of
38 bark mulch or decorative rock, EXCLUDING ordinary crushed gravel, a minimum of 2
39 inches in depth, in accordance with WDO 3.106.05.B.
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1 46. The property owner shall provide a six-inch concrete curb between landscaped areas and
2 parking areas or access ways, in accordance with WDO 3.106.05.C.
3 47. This land use decision does not authorize outdoor storage.
4 48. This land use decision does not authorize the installation of the wall signs or the
s "Walgreens pylon sign." The property owner shall obtain a sign permit prior to the
6 installation of any sign.
7 49. Prior to the issuance of a building permit, the property owner shall obtain an approach road
a permit from ODOT for a westbound right -in only access to OR 214. Any improvements
9 required by the permit shall be installed and approved by ODOT prior to issuance of a
10 certificate of occupancy for the first new use on the site.
11 50. Prior to the issuance of a certificate of occupancy for the first new use on the site, the
12 applicant shall dedicate 12 feet along OR 214 within the applicant's ownership for future
13 highway purposes to ODOT.
14 51. The available fire flow shall be determined and the fire flow results provided to the
15 Building Official and Fire Marshal, per Section B 105.3, OFC.
16 52. Fire apparatus turnaround and access shall be provided to the existing buildings and the
17 new buildings, per Appendix D, OFC.
18 53. Fire hydrant location and spacing shall comply with Appendix C, OFC.
19 54. The Fire Department Connection location needs to be approved by the Fire Department.
20 Fire Department Connections are not allowed on buildings, per Section 903.3.7, OFC; and
21 Section 912.2, OSSC.
22 55. The pharmacy building shall be provided with an automatic fire sprinkler system per
23 Section 903.2.6, OSSC.
24 56. The minimum size of an underground fire line serving the Walgreens building shall be six
25 (6) inch unless calculations are provided showing a smaller size is adequate, per Section
26 15.1.3.1 NFPA 13, 2002 edition.
27 57. Disabled access shall be provided between all buildings on the same lot. The route must
28 be distinguished by a difference in material or texture, per Section 1103. 1, OSSC and
29 Woodburn Development Ordinance.
30 58. A Knox box shall be provided on the Walgreens building, per Section 506, OFC.
31 59. All work within the public rights-of-way or easement shall require plan approval and
32 permit issuance from the Public Works Department
33 60. All city maintained facilities located on private property shall require a utility easement to
34 be conveyed to the city.
35 61. The applicant, not the city is responsible for obtaining permits from any state and/or
36 federal agencies, which may require approval and/or permit.
37 62. System Development fees shall be paid at the time of building permit issuance.
38 63. Any Vacation of existing public right of way or easement will need to conform to the
39 requirements of ORS 271.
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1 64. Installation of a city maintained storm water system shall comply with Storm Water Master
2 Plan, Public Works Department requirements, specifications, standards and permit
3 requirements.
4 65. A grease trap shall be installed on the sanitary sewer service of the restaurant, either as a
5 central unit or in the kitchen/food preparation area.
6 66. Domestic, lawn irrigation and fire sprinkler service shall require the installation of a proper
7 type of backflow preventer. The device and meter shall be located near the city water main
a within an easement, unless approved otherwise by Public Works.
9 67. Any abandonment, relocation or new installation of a city maintained water system shall
10 comply with Public Works Department requirements, specifications, standards and permit
I i requirements.
12 68. Fire protection requirements shall comply with the Woodburn Fire District standards and
13 requirements. Additional fire hydrants for fire protection if required to be installed by the
14 applicant shall be placed within the public right of way or public utility easement and
15 constructed in accordance with the permit requirements of the Public Works Department.
16 69. *Building facades visible from streets and public parking areas shall be articulated in order
17 to avoid the appearance of box -like structures with unbroken wall surfaces, in accordance
18 with the guideline of WDO 3.107.06.B.1.a.*
19 70. The appearance of exterior walls shall be enhanced by incorporating three dimensional
20 design features, in accordance with the guideline of WDO 3.107.06.B.1.b.*
21 71. Building exteriors shall exhibit finishes and textures that reduce the visual monotony of
22 bulky structures and large structural spaces; enhance visual interest of wall surfaces and
23 harmonize with the structural design, in accordance with the guideline of WDO
24 3.107.06.B.2.a.
25 72. The roof line shall establish a distinctive top to the building and shall incorporate
26 variations, such as offsets and/or jogs in the plane of the roof or changes in the height of
27 the exterior wall for flat roof buildings, including parapet walls with variations in elevation
28 and/or cornices, in accordance with the guideline of WDO 3.107.06.B.3.*
29 73. All roof mounted equipment, EXCEPT solar collectors, shall be screened from view from
30 streets abutting the building site, in accordance with the guideline of WDO 3.107.06.B.4.*
31 74. All building faces abutting a street or a public parking area shall provide weather
32 protection for pedestrians, in accordance with the guideline of WDO 3.107.06.B.5.*
33 75. The awnings shall not have internal back lighting, in accordance with the guideline of
34 WDO 3.107.06.B.5.b.4.
35 76. The landscaping shall be augmented to address site specific visual impacts of abutting uses
36 and the visual character of the surrounding area, in accordance with the guideline of WDO
37 3.107.06.B.6.*
38 77. Standardized or characteristic "corporate" and "franchise" design elements shall be refined
39 to reduce domination of the visual environment by corporate icons.*
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1 78. Obstruction of existing solar collectors on abutting properties by site development shall be
2 mitigated, in accordance with the guideline of WDO 3.107.06.B.10.*
3 79. Access to and from the site and circulation within the site shall separate facilities for cars,
4 trucks and transit from those for bicycles and pedestrians, in accordance with the guideline
s of WDO 3.107.06.C.1.*
6 80. Vehicle access points shall be identified by accentuated landscaped areas, by entrance
7 throats designed to control access from abutting parking and by monument type entrance
s signs, in accordance with the guideline of WDO 3.107.06.C.2.a.1.*
9 81. The buildings shall be linked to the sidewalks on abutting streets by internal pedestrian
10 ways. Such pedestrian ways shall be either raised or delineated by distinctive pavers, in
11 accordance with the guideline of WDO 3.107.06. C.2.b.1.*
12 82. Within the prescribed setbacks, building location and orientation shall compliment abutting
13 uses and development patterns, in accordance with the guideline of WDO 3.107.06.D.1.*
14 83. Off street parking between the architectural front of a building and the setback line
15 abutting street shall be limited to a depth of not more than 130 feet, in accordance with the
16 guideline of WDO 3.107.06.E.*
17 * The development as proposed appears to meet these conditions of approval. These
18 conditions are included to reiterate the applicable design standards and guidelines.
19
20
21
Exhibit "A"
Location map, Sheet A0.0, date-stamped May 9, 2008
22
Exhibit "B"
Site Demolition Plan, Sheet A0.2, date-stamped May 9, 2008
23
Exhibit "C"
Site Plan, Sheet A0.3, date-stamped May 9, 2008
24
Exhibit "D"
Overall Site Plan, Sheet A0.3a, date-stamped May 9, 2008
25
Exhibit "E"
Pharmacy floor Plan, Sheet Al. 1, date-stamped May 9, 2008
26
Exhibit "G"
Pharmacy building elevations, Sheet A2.1, date-stamped May 9, 2008
27
Exhibit "I"
Drainage Plan, Sheet C2.1, date-stamped May 9, 2008
28
Exhibit "J"
Grading Plan, Sheet C2.2, date-stamped May 9, 2008
29
Exhibit "K"
Utility Plan, Sheet C3.1, date-stamped May 9, 2008
30
Exhibit "L"
Planting Plan, Sheet 1 of 4, dated 12 March, 2008
31
Exhibit "M"
Materials Board, Sheet A2.Ia, date-stamped April 11, 2008
32
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