Res 1922 - Arnoldo Benavidez Case Cu 2008-01COUNCIL BILL NO. 2764
RESOLUTION NO. 1922
A RESOLUTION APPROVING THE APPLICATION IN CASE CU 2008-01; ADOPTING
FINDINGS IN SUPPORT OF SAID APPROVAL; AND DENYING THE APPEAL OF SAID
CASE
WHEREAS, an application was made by Arnoldo Benavidez, applicant, for
a conditional use for auto parts sales and installation (principally tires and
wheels), in the Commercial General zone and;
WHEREAS, the Woodburn Planning Commission held a public hearing on
the application at its meeting of December 11, 2008 and;
WHEREAS, the Planning Commission issued a final order on January 8, 2009
approving the application subject to certain conditions of approval, and;
WHEREAS, the appellant, Margarita Benavidez, timely appealed to the
Woodburn City Council under WDO 4.102.01; and
WHEREAS, the Council held a de novo public hearing on the case at its
meeting of February 9, 2009, and;
WHEREAS, the Council considered the written and oral testimony
presented by staff, the applicant, the appellant's attorney, and members of the
public;
WHEREAS, the Council found that the applicant had borne its burden of
proof and that the facts did not sustain the eleven points of appeal raised by
the appellant; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The application in case CU 2008-01 is 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 application is subject to the conditions
attached hereto as Exhibit "B" and by this reference are incorporated herein.
Page 1 - COUNCIL BILL NO. 2764
RESOLUTION NO. 1922
Section 4. The appeal of case CU 2008-01 is denied.
Approved as to form:
City Attorney
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Approved:
Kathy n Figl , M
FebruarV--23, 2009
February 24, 2009
February 27, 2009
Filed in the Office of the Recorder February 27, 2009
ATTEST:
Mary Te ant City Recorder
City of Woodburn, Oregon
Page 2 — COUNCIL BILL NO. 2764
RESOLUTION NO. 1922
1 EXHIBIT "A"
2 FINDINGS AND CONCLUSIONS
3
4 WDO 2.106 Commercial General (CG)
5
6 The following uses may be permitted in the CG zone subject to the applicable development
7 standards of the WDO and the conditions of conditional use approval:
8 ... Motor vehicle and parts dealers (441) EXCEPT automotive parts without installation.
9 ... Automotive maintenance. (8111) [WDO 2.106.03.A.1, 2.106.03.G.11
10 Findings: The proposed use is an automotive parts dealership with installation and automotive
11 maintenance.
12 Conclusion: The proposed use of the property is allowed as a conditional use in the CG zone.
13
14
15 The nonconforming use of a building, structure, or land shall be considered terminated if the
16 Community Development Director finds that the use of the building, structure or land ceased,
17 for any reason, for a continuous period of 6 months. [WDO 1.104.02]
18 Findings: Property tax records indicate that the building was originally constructed in 1967. A site
19 visit found that the building design is typical a gasoline service station of that period. At that time,
20 automobile maintenance and repair were commonly conducted as an integral part of a service
21 station's business. According to the applicant, after the sale of gasoline was discontinued on the
22 subject property, the use of the property for automobile maintenance and repair was continued until
23 the present. City records indicate that water service to Pacific Northwest Transmissions began on
24 December 8, 1992. A digital photo taken December 17, 2004 shows a sign for Pacific Northwest
25 Transmission that advertises "complete auto repair." City records indicate that water service to
26 water service to Highway Auto Repair began on February 9, 2007. An Eviction Trespass Notice
27 was served on Highway Auto Repair on September 17, 2008. The applicant applied for a City
28 business license on September 22, 2008, listing automotive repair as an element of the business.
29 City records indicate that water service to Benavidez Tires and Wheels began on October 20, 2008.
30 The current proposal does not include expansion of the building, increase in off-street parking
31 requirements, or other activity that would require the building location, off-street parking,
32 architectural design, landscaping, or buffering to comply with current standards.
33 Conclusions: The use of the property for automobile maintenance and repair is a nonconforming use
34 because it is conducted without the conditional use currently required by the WDO. As a
35 nonconforming use, this element of the business may continue until it is terminated pursuant to
36 WDO 1.104.02. The Community Development Director has found no evidence that the use of the
37 building, structure or land ceased, for any reason, for a continuous period of 6 months.
38
39
40 Lots in a CG zone shall comply with the applicable standards of Table 2.1.10. [WDO
41 2.106.05.A]
Exhibit A Page 1 of 9
TABLE 2.1.10 Lot Standards in a CG Zone
In a CG zone the lot area for a non-residential use shall be adequate to contain all structures
within the required setbacks. There shall be no minimum width or depth.
1 Findings: The existing and proposed uses of the property are non-residential. The lot area is
2 adequate to contain all structures within the required setbacks.
3 Conclusions: The lot is conforming for area in the CG zone. There is no minimum lot width or
4 depth.
5
6
7 Height, Building: The vertical distance above a reference datum measured to the highest
8 point of the coping or flat roof or to the deck line of a mansard roof or to the average height of
9 the highest gable of a pitched or hipped roof. [WDO 1.1021
10 The maximum height of buildings shall not exceed 70 feet. [WDO 2.106.05.B]
11 Findings: The existing building is a single -story structure
12 Conclusions: The existing building complies with WDO 2.106.05.13.
13
14
15 Special setback standards by street classification are established in Table 3.1.1. The special
16 setback standards shall be applied to streets within the City of Woodburn as functionally
17 classified in the Woodburn Transportation System Plan. [WDO 3.103.05.D]
TABLE 3.1.1 Special Setback Standards by Street Classification
WTSP Functional Classification
Special Setback from Center Line
Major Arterial
50 feet
18 The minimum setback abutting a street shall be 15 feet plus any Special Setback, Section
19 3.103.05. [WDO 2.106.06.C.1.a.11
20 Findings: Figure 7.1 of the Transportation System Plan shows Pacific Highway as a Major Arterial.
21 Table 3. 1.1 requires a special setback of 50 feet from the center line. The GIS system shows a right -
22 of -way width of approximately 80 feet. In addition to the special setback of 50 feet from centerline
23 (or 10 feet from property line), an additional 15 foot setback is required. The GIS system shows the
24 existing building to be set back approximately 45 feet from the front property line.
25 Conclusions: The existing building complies with the standards of WDO 3.103.05.13, Table 3.1.1,
26 and WDO 2.106.06.C.1.a.1.
27
28
29 Development in a CG zone shall be subject to the setback and buffer requirements of Table
30 2.1.11. [WDO 2.106.05.C.2.a]
Exhibit A Page 2 of 9
TABLE 2.1.11 Interior Yard and Buffer Standards for CG Zones
Abutting Property
Wall
Interior Setback
CO, CG, DDC, NNC,
Alternative A: Wall requirements
Alternative A: 5 ft.
P/SP, IP, SWIR or IL
shall be determined in conjunction with
zone
the applicable Design Review process.
Alternative B: Zero setback
Alternative B: No wall required.
abutting a building wall.
1 A solid brick or architectural wall with anti -graffiti surface, no less than 6 feet or greater than
2 7 feet in height:
3 a. Should be constructed on the perimeter property line of non-residential development
4 to mitigate adverse visual, noise and/or light impacts on the abutting use when no
5 comparable buffer exists. [WDO 3.107.06.B.81
6
7 Findings: The application is for Conditional Use approval and the building is not required to go
8 through a Design Review process at this time.
9 Conclusions: The wall requirements of WDO 2.106.05.C.2.a and Table 2. 1.11 (Alternative A) do
10 not apply to the proposed development. The guideline of WDO 3.107.06.13.8 is not applicable to
11 the current proposal.
12
13
14 Off street parking and storage shall be prohibited within a required setback or any yard
15 abutting a street EXCEPT for parking and storage adjacent to a wall. [WDO 2.106.05.C.1.b.21
16 Off street parking and storage shall be prohibited within a required setback EXCEPT for
17 parking and storage adjacent to a wall. [WDO 2.106.05.C.2.c]
18 Parking and storage shall be prohibited within a required setback adjacent to a street,
19 EXCEPT for parking in driveways. [WDO 3.103.061
20 Findings: The site plan does not show any parking or storage located within a required setback.
21 Conclusions: The site plan complies with the standards of WDO 2.106.05.C.1.b.2, WDO
22 2.106.05.C.2.c, and 3.103.06.
23
24
25 Common refuse collection facilities shall be screened on all sides by an architectural block
26 wall and solid gate, both with an anti -graffiti surface, a minimum of six feet and a maximum
27 of seven feet in height. [WDO 2.106.06.E.31
28 Findings: The site plan shows a trash enclosure located at the rear of the building. The applicant
29 has indicated that he would delete the trash enclosure shown on the site plan and use the existing
30 refuse collection facilities located behind the restaurant.
31 Conclusions: The standards of WDO 2.106.06.E.3 are not applicable to the project as revised.
32
33
Exhibit A Page 3 of 9
1 WDO 3.101 Street Standards
2
3 All public streets under the jurisdiction of the City of Woodburn shall comply with the
4 applicable cross section design standards noted in Section 3.101.03 and construction
5 specifications of the Public Works Department. [WDO 3.101.02.C.11
6 Findings: Highway 99E is a state highway maintained by the Oregon Department of Transportation.
7 Conclusions: Highway 99E is not "under the jurisdiction of the City of Woodburn" and street
8 improvements can not be required under WDO 3.101.02.C.1.
9
10
11 WDO 3.104 Access Standards
12
13 Radius of Curb Flare: 35 feet minimum. [WDO 3.104.05.E.2]
14 Findings: The site plan does not call out the curb radius. The City GIS system shows that the curb
15 radius is approximately 23 feet. The application is for Conditional Use approval and the building is
16 not required to go through a Design Review process at this time.
17 Conclusions: Curb radius is not applicable to Conditional Use approval.
18
19
20 Throat length of a driveway, extending from the closest off street parking or loading space to
21 the outside edge of right of way for a:...
22 a. Major street connection: 50 feet minimum, with greater improvement as may be
23 required by a TIA. [WDO 3.104.05.E.41
24 Street, Major: A street or highway classified in the Woodburn Transportation System Plan as
25 a Major Arterial, Minor Arterial, Service Collector, or Access street. [WDO 1.1021
26 Findings: The site plan shows a throat length of approximately 10 feet. The application is for
27 Conditional Use approval and the building is not required to go through a Design Review process at
28 this time.
29 Conclusions: Throat length is not applicable to Conditional Use approval.
30
31
32 3.102 Utilities and Easements
33
34 Municipal water, sanitary sewer and storm drainage facilities shall be installed to applicable
35 Public Works Department and state standards. [WDO 3.102.011
36 Findings: The conditional use does not require the installation of water, sanitary sewer, or storm
37 drainage facilities.
38 Conclusions: The standards of WDO 3.102.01 do not apply to this case.
39
40
41 All permanent utility service to development shall be underground EXCEPT where overhead
42 high-voltage electric facilities exist and for partitioned lots that are currently served by
43 overhead wires or cables. [WDO 3.102.021
Exhibit A Page 4 of 9
1 Findings: A site inspection showed that the property is served by existing overhead high-voltage
2 electric facilities.
3 Conclusions: Underground utilities are not required by WDO 3.102.02.
4
5
6 Public streets abutting development shall be illuminated with street lights installed to the
7 standards of the Public Works Department and the electric utility. [WDO 3.102.031
8 Findings: Highway 99E is a state highway maintained by the Oregon Department of Transportation.
9 Conclusions: Street improvements, including street lights, are not required on Highway 99E per
10 WDO 3.101.02.C.1.
11
12
13 The Public Works Department shall require dedication of specific easements for the
14 construction and maintenance of municipal water, sewerage and storm drainage facilities
15 located on private property shall be required in accordance with the Public Works
16 Department standards. [WDO 3.102.04.A]
17 Findings: The conditional use does not require the installation of water, sanitary sewer, or storm
18 drainage facilities.
19 Conclusions: The standards of WDO 3.102.04.A do not apply to this case.
20
21
22 Five foot wide public utility easements (i.e., easements for natural gas lines and for electric
23 and telecommunications wire or cable service) shall be dedicated along each lot line abutting a
24 public street. [WDO 3.102.04.131
25 Findings: The proposed use of the property does not involve any increased need for pubic utilities.
26 Conclusions: Dedication of a public utility easement is not necessary for approval of this
27 conditional use.
28
29
30 WDO 3.105 Off Street Parking and Loading Standards
31
32 The provisions of this Section shall apply to the following types of development:...
33 B. Any additional parking and/or loading required by the WDO to accommodate a
34
change in use, or expansion of an existing use shall be subject to the following.
35
1. Applications subject to Type III Design Review, Section 5.103.02, shall conform
36
all parking, loading and landscaping for the subject use to the standards of the
37
WDO.
38
2. Applications subject to Type II Design Review, Section 5.102.02, where the
39
change or expansion increases the required area for parking, loading or
40
landscaping by 25 percent or more, shall conform to all parking, loading and
41
landscaping to the standards of the WDO. Parking, loading and landscaping
42
required for changes or expansions of less than 25 percent shall be limited to
43
those necessary to conform with the increment of change or expansion. [WDO
44
3.105.011
Exhibit A Page 5 of 9
1 Findings: The proposed use does not require a Type II or Type III Design Review.
2 Conclusions: Since a Type II or Type III Design Review is not required, the provisions of WDO
3 3.105 do not apply.
4
5
6 WDO 3.106 Landscaping Standards
7
8 The subject property shall be landscaped to the standards of Section 3.106 and 3.107.03.
9 [WDO 2.105.06.F.2]
10 The provisions of this section shall apply:
11 A. To the site area for all new structures and related parking EXCLUDING single -
12 family and duplex dwellings and accessory structures; and
13 B. To the entire site area of the development, where the cumulative effect of additions to
14 structures and/or parking areas increases the total area covered by structure and
15 parking by 50 percent or more than existed at the date of the WDO adoption. [WDO
16 3.106.011
17 Findings: The application is for Conditional Use approval and the proposed new use of the subject
18 property is essentially the same as the previous use. No new structures, additions to structures, or
19 parking areas are proposed.
20 Conclusions: Since no new structures, additions to structures, or parking areas are proposed, the
21 provisions of WDO 3.106 do not apply.
22
23
24 WDO 3.107 Architectural Design Guidelines and Standards
25
26 The following design guidelines shall be applicable to all non-residential structures and
27 buildings in the RS, R1S, RM, CO, CG and P zones. [WDO 3.107.06.A]
28 Findings: The use is proposed to be established in an existing non-residential structure in the CG
29 zone. The structure was built in 1967.
30 Conclusions: The structure is a nonconforming structure under WDO 1.104 and is not subject to
31 WDO 3.107.
32
33
34 WDO 3.110 Signs
35
36 The applicant has not submitted details of the proposed signage for review as part of this
37 application. The site sketch shows two pole signs and a wall sign. This land use decision does not
38 authorize the installation of signs. The property owner shall obtain a sign permit prior to the
39 installation of any sign.
40
41
42 Complex: Any group of two or more buildings, or individual businesses within a single
43 building provided at least two of the businesses have separate exterior entrances, on a site that
Exhibit A Page 6 of 9
1 is planned and developed to function as a unit and which has common on-site parking,
2 circulation and access. A complex may consist of multiple lots or parcels that may or may not
3 be under common ownership. [WDO 3.110.031
4 Findings: The site contains three buildings, is planned and developed to function as a unit, and has
5 common on-site parking, circulation and access.
6 Conclusions: The site constitutes a "complex" under WDO 3.110.
7
8
9 Complex.
10 a. A pole sign is permitted on a street frontage that exceeds 100 lineal feet not to exceed
11 one pole sign for a complex.
12 b. A pole sign on a street with less than 300 lineal feet of frontage shall not exceed 15
13 feet in height and 50 square feet in area. [WDO 3.110.16.A.21
14 Findings: The site sketch shows two existing pole signs in the complex. The City's GIS system
15 shows the site to have approximately 231 feet of street frontage.
16 Conclusions: No more than one pole sign may be authorized on the subject property, per WDO
17 3.110.16.A.2.a. No new pole sign could be established unless the existing pole signs were removed.
18
19
20 Nonconforming signs are those signs lawfully established prior to the adoption of Section
21 3.110 or subsequent amendment thereto or signs lawfully established on property annexed to
22 the City, which do not conform to the requirements of Section 3.110. Nonconforming
23 permanent signs may remain provided they comply with the provisions of Section 3.110.20.
24 [WDO 3.110.20.A]
25 Findings: The two existing pole signs are evident in aerial photography taken in 2000 prior to the
26 adoption of WDO 3.110.
27 Conclusions: Since the two existing pole signs were established prior to the adoption of Section
28 3.110, they constitute nonconforming permanent signs subject to WDO 3.110.20.
29
30
31 Nonconforming permanent signs shall comply with the provisions of Section 3.110 when one
32 or more of the following occurs:... A Type II Design Review or Type III Conditional Use or
33 Design Review land use application is approved for the premises upon which the sign is
34 located. In a complex, if an individual tenant space is the subject of a Type II Design Review
35 or Type III Conditional Use or Design Review land use application, only signs attached to
36 such tenant space shall be required to comply with the provisions of Section 3.110. [WDO
37 3.110.20.13.41
38 Findings: The property is subject to a Type III Conditional Use. A site inspection found two pole
39 signs. The applicant will convert the existing pole sign in front of the building to a conforming
40 monument sign. The restaurant and auto repair shop each constitute individual tenant spaces. The
41 existing pole sign for the restaurant is not attached to the tenant space of the auto repair shop.
42 Conclusions: Since the restaurant and auto repair shop each constitute individual tenant spaces and
43 the existing pole sign for the restaurant is not attached to the tenant space of the auto repair shop,
44 the existing pole sign for the restaurant is not required to comply with the provisions of Section
Exhibit A Page 7 of 9
1 3.110. The existing pole sign for the auto repair shop is attached to the tenant space of the auto
2 repair shop and is required by WDO 3.110.20.B.4 to comply with the provisions of Section 3.110.
3
4
5 WDO 5.103.01 Conditional Use
6
7 The proposed use shall be permitted as a conditional use within the zoning district. [WDO
8 5.103.01.C.11
9 Findings: WDO 2.106.03.A.1 lists as a conditional use in the CG zone "Motor vehicle and parts
10 dealers (44 1) EXCEPT automotive parts without installation." WDO 2.106.03.G.1 lists as a
11 conditional use in the CG zone "Automotive maintenance. (8111)" The proposed conditional use is
12 an automotive parts dealership with installation and automotive maintenance.
13 Conclusions: The proposed use of the property is allowed as a conditional use in the CG zone. The
14 criterion of WDO 5.103.0I.C.1 is met.
15
16
17 The proposed use shall comply with the development standards of the zoning district. [WDO
18 5.103.01.C.21
19 Findings: Compliance with the Commercial General (CG) zoning regulations [WDO 2.106] is
20 explained in detail above.
21 Conclusions: The proposed use meets the requirements of WDO 2.106.
22
23
24 The proposed use shall be compatible with the surrounding properties. [WDO 5.103.01.C.31
25 Findings: A beauty salon and a restaurant exist on the same lot with the proposed use. Two
26 conforming and two nonconforming single-family dwellings abut the north lot line, as does a,
27 professional office, fabric store, restaurant, and auto repair facility. An automobile repair facility
28 abuts the lot on the south and west. A mobile home sales lot and a vacant commercial lot adjoin the
29 lot across Highway 99E.
30
31
32 Considerations. Relevant factors to be considered in determining whether the proposed use is
33 compatible include:
34 a. The suitability of the size, shape, location and topography of the site for the proposed use;
35 Findings: The subject property is of adequate size, is irregular in shape but not excessively so,
36 is located on a major arterial street, and is relatively flat.
37
38 b. The capacity of public water, sewerage, drainage, street and pedestrian facilities serving
39 the proposed use;
40 Findings: The subject property is currently served by public water, sewerage, and drainage
41 facilities. Street access is from a state highway. Sidewalks are not provided. The business is
42 auto -oriented, not pedestrian -oriented.
43
44 c. The impact of the proposed use on the quality of the living environment:
Exhibit A Page 8 of 9
1 1)
Noise;
2 2)
Illumination;
3 3)
Hours of operation;
4 4)
Air quality;
5 5)
Aesthetics; and
6 6)
Vehicular traffic.
7 Findings: The previous and proposed use of the property is an automotive parts dealership with
8 installation and automotive maintenance. The proposed use would have impacts on the quality
9 of the living environment similar in nature and extent to those of the previous use regarding
10 noise, illumination, hours of operation, air quality, aesthetics, and vehicular traffic.
11
12 d. The conformance of the proposed use with applicable Comprehensive Plan policies;
13 Findings: Comprehensive Plan policy B-4 provides that: "Architectural design of commercial
14 areas should be attractive with a spacious feeling and enough landscaping to reduce the visual
15 impact of large expanses of asphalt parking areas." Comprehensive Plan policy B-6 provides
16 that: "Commercial office and other low traffic generating commercial retail uses can be located
17 on collectors or in close proximity to residential areas if care in architecture and site planning is
18 exercised. The City should insure by proper regulations that any commercial uses located close
19 to residential areas have the proper architectural and landscaping buffer zones." The proposed
20 use does not expand, intensify, or alter the pattern of existing development.
21
22 e. The suitability of proposed conditions of approval to insure compatibility of the proposed
23 use with other uses in the vicinity. [WDO 5.103.01.C.31
24 Findings: The proposed conditions of approval minimize the effects of the proposed use on
25 adjacent property.
26
27 Conclusion: The proposed use meets the criterion of WDO 5.103.0l.C.3.
28
Exhibit A Page 9 of 9
EXHIBIT "B"
CONDITIONS OF APPROVAL
1. The property owner shall execute an acceptance of these conditions on a form provided by
the City.
2. The property owner shall develop and maintain the subject property in accordance with all
provisions of the WDO, whether or not addressed in the staff review, conditions of
approval, or public hearing.
3. The property shall be developed in substantial conformity to the plans attached hereto as
Exhibits "A" and "B," except as modified by these conditions of approval.
4. The property owner shall remove the existing pole sign in front of the building or convert
it to a monument sign conforming to WDO 3.110.
Exhibit B Page 1 of 1