Agenda - 02/23/2009CITY O F W 00 D B U R N KATHRYN FIGLEY, MAYOR
DICK PUGH, COUNCILOR WARD 1
~. MEL SCHMiDT, COUNCILOR WARD II
CITY COUNCIL AGENDA PETER MCCALLUM, COUNCILOR WARD III
.TAMES COX, COUNCILOR WARD IV
e FRANK LONERGAN, COUNCILOR WARD V
FEBRUARY Z3, ZOO9 '~ 7.00 P.M. KRISTEN BERKEY, COUNCILOR WARD VI
CITY HALL COUNCIL CHAMBERS - Z7O MONTGOMERY STREET
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
None
Appointments:
None
4. PROCLAMATIONS/PRESENTATIONS
Proclamations:
A. Tulip Festival
Presentations:
B. Jim Row -Mill Creek Greenway Project update
C. ODOT - I-5 Interchange update
5. COMMITTEE REPORTS
None
6. COMMUNICATIONS
None.
7. BUSINESS FROM THE PUBLIC -This allows the public to introduce items
for Council consideration not already scheduled on the agenda.
••Ha(~ra interpretes c~isponi6[es Para aque[[as personas que no (7a6[an Ing[es~ previo acuerc~o. Comuniquese
a[ (5031980-2485...
February 23, 2009 Council Agenda Page i
8. CONSENT AGENDA -Items fisted on the consent agenda are considered
routine and may be adopted by one motion. Any item may be removed
for discussion at the request of a Council member.
A. Woodburn City Council minutes of February 9, 2009 2
Recommended Action: Approve the minutes.
B. Recreation and Park Board Minutes of February 10, 2009 13
Recommended Action: Approve the minutes.
C. Community Services Statistics 17
Recommended Action: Accept the Report.
D. Building Activity for January 2009 18
Recommended Action: Accept the Report.
9. TABLED BUSINESS
None
10. PUBLIC HEARINGS
None
11. GENERAL BUSINESS -Members of the public wishing to comment on items of
general business must complete and submit a speaker's card to the City
Recorder prior to commencing this portion of the Council's agenda.
Comment time may be limited by Mayoral prerogative.
A. Council Bill No. 2764 - A Resolution approving the application in 19
case CU 2008-01; adopting findings in support of said approval;
and denying the appeal of said case.
Recommended Action: Adopt the Resolution.
12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS -These
are Planning Commission or Administrative Land Use actions That
may be called up by the City Council.
None
February 23, 2009 Council Agenda Page ii
13. CITY ADMINISTRATOR'S REPORT
14. MAYOR AND COUNCIL REPORTS
15. EXECUTIVE SESSION
A. To conduct deliberations with persons designated by the
governing body to negotiate real property transactions
pursuant to ORS 192.660(2J(eJ.
1 b. ADJOURNMENT
February 23, 2009 Council Agenda Page iii
COUNCIL MEETING MINUTES
FEBRUARY 9, 2009
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, FEBRUARY 9, 2009.
CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding.
0020 ROLL CALL.
Mayor Figley Present
Councilor Berkey Present
Councilor Cox Present
Councilor Lonergan Present
Councilor McCallum Present
Councilor Pugh Present
Councilor Schmidt Present
Staff Present: City Administrator Derickson, City Attorney Shields, Public Works
Director Brown, Acting Police Chief Blevins, Community Development Director
Hendryx, Associate Planner Dolenc, Recorder Tennant
0053 ANNOUNCEMENTS.
A) City offices and the Library will be closed Monday, February 16, 2009, in observance
of President's Day. The Aquatic Center will be opened during normal business hours.
0065 APPOINTMENTS.
A) Sign Standards Focus Group:
Mayor Figley stated that Councilor Pugh prevailed on her to divide the committee into
two committees: (1) a sign specific committee, and (2) one of which would involve a
more global look at zoning. She will be talking to those individuals who have already
expressed an interest on serving on the Focus Group to determine which of the
committees they are more interested in. She also encouraged other members of the
community interested in serving on either one of these committees to contact her as soon
as possible.
B) Mayor Figley also announced that she was appointed to MWACT (Mid-Willamette
Area Commission on Transportation) and she is looking forwazd to pursuing City
projects which include the I-5 interchange project.
0132 CHAMBER OF COMMERCE REPORT.
Don Judson, Executive Director, stated that branding will be a topic the Chamber will be
promoting over the next several months. Woodburn has a destination brand -Always
Fresh Discoveries -which was uncovered by Bill Baker of Total Destination
Management in a contract partnership with the Chamber and the City. Mr. Baker will be
the guest speaker at the Chamber's Forum on Wednesday, February 11 `~, and he will talk
about how he developed the brand with the cooperation of focus groups, interviews,
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PROCLAMATION
WOODBURN'S TULIP FESTNAL
MARCH 25 thru APRIL 26, 2009
WHEREAS, the Woodburn Tulip Festival welcomes the world to view the vast
acres of brilliantly colored tulips; and
WHEREAS, the Woodburn Tulip Festival spotlights a unique, growing horticultural
industry that was enjoyed last year by more than 125,000 visitors; and
WHEREAS, the Woodburn Tulip Festival instills a spirit of unification and
cooperation among the diverse groups of the people of the community; and
WHEREAS, the Woodburn Tulip Festival provides fun filled activities for young
and old, to "tip-toe" through the tulips and enjoy the majestic view of Mt. Hood and the
quality of life we Oregonians cherish; and
NOW, THEREFORE, I, KATHRYN FIGLEY, Mayor of the City of Woodburn, do
hereby proclaim March 25 thru Apri126, 2009, to be the official
WOODBURN TULIP FESIVAL 1VION'fH
I hereby ask my fellow Oregonians to join me in encouraging participation and support of
this beautiful event that promotes Woodburn throughout the country.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the
City of oodburn t ffixed this 28`h day of February, 2009.
____----
p~n Figl ayor
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research, and surveys.
On March 13~', the Chamber will host their 55`" Annual Distinguished Service awazd
banquet at Wellspring. Nominations are due February 17~' and the awards will be for
Senior First Citizen, Junior First Citizen, Outstanding Farmer, and a Special Recognition
Awazd. In the past, area service clubs have nominated someone and selection committee
has picked the awazd recipient among the service clubs. This year they are inviting all of
the service clubs to nominate and recognize their own member of the year.
The City-wide clean-up known as Woodburn Proud Day will be held on March 14`i'.
Volunteers will be meeting at Mid-Valley Plaza parking lot at 8:00 a.m. and focus will be
made on cleaning up along Highway 99E, Highway 214, and the Mill Creek greenway.
He requested that volunteers call the Chamber office prior to the event since they would
like to get an approximate number of volunteers in advance of the event.
In regards to the Economic Development Task Force, he stated that he had met with
Administrator Derickson and Conununity Development Director Hendryx to review the
draft agenda for the first meeting of the task force which will include a guest speaker.
0439 WOODBURN SCHOOL DISTRICT REPORT.
Walt Blomberg, Superintendent, stated that their Facilities Task Force Planning
Committee has been analyzing growth patterns over the last 5 and 10 years and have been
trying to project how many students the district might have over the next 10 to 15 years.
The Task Force has been struggling to determine how far to look out in the future for the
purpose of student population over the next 10 to 15 years and then look at facility
growth to meet the projected needs. The Committee has looked at a 15 yeaz package
which would cost approximately $94 million to build two elementary schools, a middle
school, and a small high school. They realize how difficult it would be to pass a bond
issue of that magnitude especially in this economy but they do not want to lie to the
taxpayers about the needs of the district. The School Board will make a decision to put a
bond issue on the ballot in May ar to wait until next November in hopes that the economy
might be better. He stated that the District recently completed a light retrofitting of all
their buildings to be more energy efficient using tax credits saved over the last five years
to pay for this project. They hope to move onto Phase 2 of this project beginning at the
high school which will be more expensive to complete.
Superintendent Blomberg stated that the School Board will be discussing as to how they
will be making up some inclement weather days. Also, students will be involved in
Woodburn Proud including the upcoming clean-up event. Lastly, he stated that the High
School Boys Basketball team is tied for ls` place in league play.
0680 CONSENT AGENDA.
A) approve the City Council regular and executive session minutes January 26, 2009;
B) approve the Planning Commission minutes of December 11, 2008;
C) accept the Planning Project Tracking Sheet dated January 29, 2009;
D) accept the report on the Accounting of Emergency Expenses;
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E) accept the letter regarding the I-5 Interchange Project Federal Appropriations
Candidate; and
F) approve the Park and Recreation Board workshop minutes of January 13, 2009.
Councilor Pugh accepted with regret what the City has been told by the ODOT
representative on the status of the I-5 interchange project. He stated that he is not
finished with this issue in that what the community has been told and the way it is
scheduled by ODOT is totally unacceptable in his opinion. He thanked Mr. Fox for his
presentation but does not thank ODOT for their lack of prior communication or the plan
they have outlined for the future.
MCCALLUM/LONERGAN..... adopt the Consent Agenda as presented.
The motion passed unanimously.
0825 PUBLIC HEARING: APPEAL OF CONDITIONAL USE (CU12008-O1 LOCATED
AT 595 NORTH PACIFIC HIGHWAY. Tax Lot 051W17BB09300.
Mayor Figley declared the public hearing open at 7:15 p.m..
Mayor Figley stated that she drives by the site daily and she has been looking harder at
the site in more recent weeks.
Councilor McCallum stated that he has driven by site numerous times and the Benavidez
family is familiar to him in that they were in school while he was employed by the
School District but feels that he can make a decision based on land use law.
Councilor Schmidt stated that he has had ex-parte contact by looking the property over
and by stopping to talk to the property owner. He believes that he will be able to issue a
fair judgment on this project.
Councilor Berkey declared an ex-parte contact since she has worked over the past year
with Armando Benavidez Jr. but at no time was their discussion about this issue.
Councilor Lonergan stated that he was familar with the site.
Recorder Tennant read the Land use statement required under ORS 197.763.
Associate Planner Dolenc stated that the applicant, Arnoldo Benavidez, had requested a
conditional use for auto parts sales and installation of primarily tires and wheels in an
existing building which was developed prior to the adoption of the Woodburn
Development Ordinance (WDO) and many site characteristics are non-conforming but
permitted to continue under the WDO. The business is currently operating an auto parts
without installation and automotive repair and a conditional use is required for auto parts
installation. The property is zoned commercial general and surrounded on most of its
perimeter by mixed uses of commercial general zoned property with two residential lots
abutting on the northwest corner of the property. He stated that the Planning
Commission had unanimously approved a conditional use with conditions and this
decision has been appealed to the Council by Margarita Benavidez for a public hearing
raising 11 points of appeal.
1500 Associate Planner Dolenc reviewed the follolwing 11 points of appeal:
# 1) Use of the property for automobile maintenance and repair is a nonconforming use
under the WDO. It was noted that the use of the property for auto repair existed prior to
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current zoning standards and may continue until it is terminated.
#2) The proposed use will expand the nonconforming use in violation of the WDO.
Planner Dolenc stated that the conditional use does not involve the expansion or addition
to buildings or structures and the proposed conditional use is not precluded by the WDO.
#3, #4, #5, #7, and # 10) These points of appeal deal with off-street parking, buffer
walls, landscaping, access, and refuse. He stated that all of these items are non-
conforming to the current code and are also regulated by the same section of the
development ordinance. Since the proposed conditional use does not expand the
building, it is not subject to a Design Review therefore any nonconforming parking,
loading, landscaping, buffer walls, and refuse facilities would only need to be brought
into conformity through a Design Review process and not a Conditional Use process.
#6) The proposed use does not provide for the dedication of utility easements. Planner
Dolenc stated that the site is served by existing utilities and the dedication of a public
utility easement is not necessary for approval of this conditional use.
#8) The proposed use does not meet the design standards of WDD 3.107. It was noted
that the WDO does not require the nonconforming architecture of the building be brought
into conformance through the conditional use process.
#9) The applicant is currently displaying an illegal sign for the business. Planner
Dolenc stated that there is a fairly lazge sign on the property which is a temporary sign
which has been established pursuant to the applicant's obtaining a temporary sign permit.
Therefore, the sign currently in place is not an illegal sign. He stated that one of the
conditions imposed by the Planning Commission is that the existing pole sign be brought
into conformity either by being removed or converted into a monument sign that would
conform to Section 3.110.
# 11) The proposed use shall be compatible with the surrounding properties. He stated
that there is a list of relevant factors to be considered in determining whether the
proposed use is compatible. He stated that these are not mandatory standards but aze
factors to be considered when making a decision. These factors include size, shape,
location and topography of the site; capacity of public water, sewerage, drainage, street
and pedestrian facilities serving the proposed use; impact of the proposed use on the
quality of the living environment; conformance of the proposed use with applicable
Comprehensive Plan policies; and the suitability of proposed conditions of approval to
insure compatibility of the proposed use with other uses in the vicinity. Planner Dolenc
reviewed each of these factors and staff concludes that the proposed use either meets the
requirements of the WDO or is nonconforming which is permitted to continue subject to
WDO 1.104. Staff is recommending that (1}the Planning Commission's decision be
upheld and approve Conditional Use case CU 2008-01 subject to the conditions of
approval in the staff report and (2) deny the appeal of case CU 2008-01. Planner Dolenc
stated that the following four conditions of approval are recommended to insure
compatibility with surrounding properties:
I . Property owner shall execute an acceptance of these conditions on a form provided by
the City;
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2. 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. Property shall be developed in substantial conformity to the plans attached as Exhibits
A and B of the staff report except as modified by these conditions of approval; and
4. Property owner shall remove the existing pole sign in front of the building or convert
it to a conforming monument sign.
Councilor Pugh questioned what the present plan is for the old structure.
Planner Dolenc stated that the structure is being re-used as is and the property owner has
painted the building and made some interior modifications but the building will remain
essentially as is.
Councilor Cox questioned the difference between non-conforming use as compared to
non-conforming conditions on a piece of property such as conditions related to the
structure and landscaping.
Planner Dolenc stated that anon-conforming use is a case in which the use of the
property is changed from its original use but has some rights to continue due because of a
vested property right to continue the use of the property even though it does not conform
to the current standards. An example of anon-conforming building would be a situation
where a building is built before zoning standards were established, however, those
standards have since changed. The building would have non-conforming rights to
continue in its in current location as built unless some other action was taken to terminate
that use.
2440 Community Development Director Hendryx stated that the WDO has some provisions if
a business with anon-conforming use stops for a period of 6 months, then it ceases to
have its non-conformity. Likewise, the WDO code says that if there are non-conforming
site characteristics such as setbacks or parking standards then additions to the building
would require bringing up the whole site to the current code standards. He stated that
those are similar standards that provisions that other jurisdictions have that he has
operated in.
Councilor Cox stated that his understanding is that if the use, such as a tire shop, is non-
conforming and stops for consecutive 6 months, then the owner has lost the right.
However, if the building or property is otherwise non-conforming in some of the other
characteristics, they are allowed to continue even though the use, such as a tire shop,
would have stopped for 6 months. The continuance of the use only affects the
continuation of the permission for the non-conforming use and the property could be
vacant for a couple of years and the owner would still not be precluded from continuing if
it was anon-conforming characteristic.
Planner Dolenc stated that Councilor Cox correctly summarized the difference between
non-conforming use and non-conforming characteristics.
Councilor Cox questioned if there was a difference in terms of permitted uses between
(1) sale and installation of auto parts and (2) automotive repairs, and, for the purpose of
this appeal, does it make any difference which label is used.
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Director Hendryx stated that the WDO establishes uses and it has a differentiation
between sales of parts which are allowed in a category and conditionally an applicant
would have to go through the process if parts are installed.
Councilor Cox stated that he understands the difference but questioned if, for purpose of
the WDO, sale with installation of parts is the same thing as automotive repair.
Planner Dolenc stated that parts dealers with installation aze listed separately from
automotive maintenance in the WDO.
Director Hendryx stated that both the maintenance of a vehicle and the installation of
parts require a conditional use with the same basic standards. The complicated part is
that there was a parts auto repair business at the subject site whereas they are now
installing different categories -parts - which requires a new conditional use.
Councilor Lonergan questioned if fuel tanks are still on site to where the applicant could
sell fuel.
Planner Dolenc stated that he was unsure if there were still tanks at the sight since he did
not see any evidence of fuel tanks remaining. In regards to the business sign, he stated
that the applicant can either remove the pole sign or convert it into a monument sign but
whichever method is used needs to conform to the current sign code.
3l 15 Arnold Benavidez, applicant, requested that the Council deny the appeal.
Jake Jacobsen, local businessman speaking on behalf of and support of Arnold
Benavidez, his family, his business, and his deceased brother Armando. The appellant is
Margarita Enrique Benavidez who had been married to Armando Benavidez. He stated
that he is appealling to the Council that the request for the motion for appeal be denied on
the following reasons: 1) appellant actions is not based on any violation of the WDO but
an act of vengance against the applicant and is further driven by a contested probate case
currently in Marion County Court; and 2) conditional use approved by the Planning
Commission had received thorough examination by the Commission. He stated that the
appellant and her attorney are taking action to further disrupt the life of Arnold
Benavidez, his family, and his business. He mentioned that the appellant's counsel has
mentioned to him that he has tried to get the issue settled without having legal issues
brought forth and the appellant's attorney stated that it was the appellant's desire to ruin
Mr. Arnold Benavidez and take his personal assets and business away from him.
Additionally, he would stop at nothing in an attempt to tie Mr. Benavidez up in court if it
took one appeal after another until the money runs out. The appellant has promised
payment to her attorney with the assets of an estate that has not been settled. He stated
that the conditional use permit was recommended for approval at the staff level in
January and the Planning Commission heazd the application and approved it
unanimously. He requested that the appeal be denied.
3567 Don Judson stated that neither of the parties in this case are members of the Chamber and
he is not speaking as a Chamber representative. In his personal opinion, the items listed
on this appeal have nothing to do with any fidelity to the zoning code. All the appellant
wants to do is stifle competition in that they are afraid of another store opening up across
the street with better service. He urged the Council to strongly deny this appeal and their
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attempt to use the City's laws for personal gain.
Kevin Kenagy, Planning Commission member, stated that he had met the Benavidez
family about a month ago, however, being a Planning Commission member has nothing
to do with why he is testifying at this hearing. In his opinion, Mr. Benavidez is a good
business and family man and urged the Council to deny the appeal.
Daniel Adkinson, attorney for Margarita Benavidez, stated that this appeal is about
properly applying the zoning code. He stated that staff had done a good job of analyzing
the appeal, however, he disagreed with staff on the following key points:
1 }Grandfather non-conforming use: He agreed with staff s analysis that it has been
well-established that it is grandfathered, however, it cannot be expanded and approving
the tire installation will expand the auto repair business.
2) Ability to consider non-conforming developments being brought into conformance:
He stated that they have raised issues about the parking area, driveway, setbacks, buffer
with the residential zone, and refuse collection facilities. He stated that these are non-
conforming to the zoning code and staff has concluded that, with this application, they
cannot be brought up to code. He disagreed with staff and referred to criteria 2 of the
conditional use provision which states that "...the use shall comply with the development
standards of the zone..." and the commercial zone standards aze specifically defined.
3965 Councilor Cox stated that the point made by Mr. Adkinson was that the WDO requires,
when granting a conditional use, it shall comply with the development standards of the
zone. He questioned how staff would distinguish that statement from the idea that, in
many respects, this building because of its age does not comply with some of the
standards required for a new building.
Planner Dolenc stated that the conditional use criteria referenced the zone standards
which then refers to another section of the code that would, at first glance, look like the
applicant would have to comply with everything. However, Section 1.104- Non
Conformities -are recognized and protected as vested rights and it is staff s belief that the
regulations need to be read with Section 1.104 in mind when applying the various
standards.
Director Hendryx stated that the other provision is that design review standards would
come into play if an expansion of the building is involved then bringing up the standazds
would be required.
Councilor Cox questioned City Attorney Shields if he felt comfortable with a tenable
basis for arguing that staff's interpretation is defendable if this appeal ends up in LUBA
(Land Use Board of Appeals).
City Attorney Shields stated that he has discussed this issue with staff and feels that it is a
defensible interpretation of the WDO in that the design review is not invoked in this case
and he is legally comfortable with the interpretation of the City's code.
Mayor Figley closed the public hearing at 8:08 pm.
COX/MCCALLUM.... deny the appeal and uphold granting of a conditional use subject
to the same terms of conditions the Planning Commission findings as recommended in
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the staff report, and Council request the appropriate resolution be brought back at the
next meeting to substantiate that decision.
Councilor Lonergan expressed his feeling that the Planning Commission gave the
application due diligence. He appreciated staff's work in looking at both sides of this
issue and felt that they presented a very good staff report.
Councilor Schmidt agreed with comments made by Councilor Lonergan.
Councilor McCallum concurred with comments made by the other Councilors and stated
that the Council's decision needs to be made on land use laws and the WDO.
Mayor Figley also thanked staff for a very clear presentation that answered questions she
had on this topic.
Councilor Pugh reiterated that the Council must comply with the law and how it is
interpreted. He felt that this had been a fair and realistic addition to what he has already
studied and support the motion made by Councilor Cox.
The motion passed unanimously.
5012 COUNCIL BILL N0.2763 -RESOLUTION AUTHORIZING THE TRANSFER
OF OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL
YEAR 2008-09.
Council Biil No. 2763 was introduced by Councilor McCallum. Recorder Tennant read
the bill by title only since there were no objections from the Council. On roll call vote
for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No.
2763 duly passed.
S 143 APPROPRIATIONS REQUEST FROM OREGON HOUSE DELAGATION FOR
FISCAL YEAR 2010.
Administrator Derickson stated that he had received a telephone call from Congressman
Kurt Schrader's office inquiring as to whether or not the City would be interested in
submitting a congressional allocation request form for the I-5 interchange project or other
transportation projects the City might be interested in. It is his understanding that this
would coincide with the Oregon Transportation Commission's support of a congressional
allocation for the interchange project. He requested that the Council approve the
submission of the form which will then be forwarded to Congressman Schrader's office
for inclusion into their process for determining whether or not to support the request for
allocation of resources to fund the project.
Councilor Pugh questioned if this is tied in with the present economic stimulus package
before Congress or is this a separate funding allocation.
Administrator Derickson stated that this is not part of the federal economic stimulus
package rather it is part of the normal Congressional earmark process that every
Congressman and Senator goes through annually for advocacy for projects across the
country. He reminded the Council that the stimulus package may not be available for the
interchange project because of the definition of shovel ready, Even with the State
stimulus package, they exclude the I-5 improvement project because of their shovel ready
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definition.
Councilor Lonergan questioned if staff knew how many allocation requests were sent out
to communities throughout the State.
Administrator Derickson stated that the Congressional eanmazk process has been subject
to debate over the last couple of yeazs and it is hoped that those projects that aze imposing
costs in our community that are a result of federal regulations or which would improve
the regional economy would not be considered wasteful but would be considered
beneficial and a way to offset the expense of federal legislation to our local citizens.
PUGH/COX..... approve the submission of the Congressional Allocation Request form
to Representative Kurt Schrader's office.
The motion passed unanimously.
5704 OLCC LIQUOR LICENSE RENEWALS FOR 2009.
Staff recommended the liquor license renewals for the following business establishments
within the City:
Off Premise Sales: 7-Eleven, Bi-Mart Corp., Dos Arbolitos Musica Latina, Gary's
Market, La Azteca, Pipers Jewelry, Safeway Store #1976, Su Casa Imports, US Mazket
#109, Woodburn Fast Serve Inc., Woodburn Shop N Kart, Your Northwest, A & J
Market, Crossroads Grocery & Deli, EZ Stop Grocery & Deli, Harry and David #595,
O'Donnell Enterprises, Roadrunner V Woodburn, Salvador's Bakery, The Bistro at
Wellspring, Wal Mart Supercenter, Woodburn Grocery Outlet, Young Street Market,
Woodburn Stop N Go
Full On Premise Sales: BiII O Deli Pub, Cinco De Mayo Taqueria, Eagles Lodge,
Elmer's Restaurant, Los Cabos Mexican Restaurant, Mazgaritas, Rumor's Bar and Grill,
Senior Estates Golf & Country Club, The Raven Inn, El Dorado, Casa Marquez Mexican
Grill, Denny's at Woodburn, Elks Lodge, Happy Garden Buffet, Lupita's, OGA
Members Course, The Bistro at Wellspring, The End Zone, Yun Wah
Limited On-Premise Sales: 7 Mazes Restaurant, Cactus Grill Taqueria & Restaurant,
Maziscos El Sarandeado, Nuevo Arandas, Salvador's Bakery, Taqueria Guadalajara,
Abby's Pizza Inn of Woodburn, DEDE's Deli, Mugsy's Bagels, Pizza Hut, Shari's of
Woodburn, Woodburn Lanes
Councilor Cox requested that staff call to OLCC's attention that Billy O Deli Pub is no
longer in business and the Council had approved a different licensee for that location last
fall.
Acting Chief Blevins stated that he would check into that situation.
LONERGAN/MCCALLUM.... recommend to OLCC renewal of liquor licenses for
20091isted in staff report with the question on the status of the Billy O Deli Pub license.
The motion passed unanimously.
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5922 CITY ADMINISTRATOR'S REPORT.
A) Administrator Derickson stated that the federal economic stimulus package is still
being worked on and he felt that it was important that the City have representation on the
interests of Woodburn and the interchange project when same of these decisions are
being made at the federal level. He proposed that the Counci! consider sending a
delegate to coincide with Marion County's visit to Washington , D.C., with their
lobbyists to lobby the City's Congressional delegation on the interests of the Oregon
Transportation Committee's letter and recommendation of what is now about half of the
funding for the project along with the Congressional earmark that the Council approved
earlier in this meeting. He stated that his past experience has been fruitful when you
show up and talk to those making the decisions and his recommendation is that the
Mayor be designated and the City send her to Washington, D.C., to lobby for the
interchange project to obtain support from Oregon Senators and Representatives.
6613 PUGHiMCCALLUM.... accept Administrator Derickson's suggestion to send a delegate
to Washington D.C. to discuss with Congressman Schraeder and lobby for a program to
set the City's I-5 interchange project in motion.
Mayor Figley stated that she is willing to go and staff is trying to get in touch with
Marion County Commissioner Brentano to see if it would be most effective for her to go
about the same time, before, or after he is in Washington, D.C..
The motion passed unanimously.
6781 MAYOR AND COUNCIL REPORTS.
Councilor Schmidt stated that he had received an invitation from the Marion County
Public Safety Coordinating Council for a demonstration on deadly use of force.
Tape 2 Acting Chief Blevins stated that the Coordinating Council will be putting on a
demonstration at the Police Academy utilizing an interactive video where an officer can
be confronted by a armed suspect and the officer can make the call as to what to do in the
situation. The Police Department has invited some business owners and other individuals
in the community to attend the demonstration. This is the first demonstration the
Coordinating Council has organized on use of deadly force and they plan on having this
demonstration at least annually.
Councilor Schmidt stated that he had the honor of riding with a police officer last Friday
and reported that he was very pleased with the training our police officers have had and
how proud he is of the department.
Mayor Figley stated that she watched the installation of the gazebo at the Downtown
Plaza last Saturday and she is looking forward to having the roof completed and that
piece of the Urban renewal project completed.
Page 10 -Council Meeting Minutes, February 9, 2009
11
COUNCIL MEETING MINUTES
FEBRUARY 9, 2009
TAPE
READING
0169 ADJOURNMENT.
LONERGAN/MCCALLUM .... meeting be adjourned. The motion passed
unanimously.
The meeting adjourned at 8:33 p.m..
APPROVED
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
KATHRYN FIGLEY, MAYOR
Page 11 -Council Meeting Minutes, February 9, 2009
12
Minutes
Woodburn Recreation and Parks Board
Tuesday, February 10, 2009
7:00 p.m.
1. Call to Order
The meeting and was called to order at 7:00 p.m.
2. Roll Call
Board Chair Vacant
Board Secretary Rosetta Wangerin Absent
Member Joseph Nicoletti Present
Member Judy Wesemann Present
Member Eric Morns Present
Member Charlene Williams Absent
Member Alexa Morris Present
In the absence of the Boazd Chair and Secretary, Joseph Nicoletti presided over
the meeting.
Staff present: Jim Row, Community Services Director; Stu Spence, Recreation
Debbie Wadliegh, Aquatic Manager; Services Manager; Paulette Zastoupil, A.A;
Matt Gwwnn, Public Works Maintenance Superintendent
Annual Election of Officers
Judy Wesemann/Eric Morris- Motion to move the election of officers to the
March meeting. The motion passed unanimously.
4. Approval of Minutes from January 13, 2009
Eric Morris/Judy Wesemann - Motion to accept the minutes as written. The
motion passed unanimously.
5. Business from the Audience
None.
6. Parks and Recreation Master Plan
Jim explained that the Plan is in the final draft stage. He will present it to the
Planning Commission on February 12, 2009. The Planning Commission will
then conduct a public hearing on February 26, 2009 and, hopefully, recommend
approval to the City Council. The City Council will conduct a public hearing on
March 23 to adopt the Master Plan and the textual amendments to the
Comprehensive Plan.
7. Adopt - A -Park Program
Jim took this opportunity to introduce Matt Gwynn, Maintenance Superintendent
for Public Works. Matt explained that his goal was to become more involved in
the Parks and Recreation Boazd meetings. The Adopt - A -Park program was
initiated by public works and the draft program will soon be finalized. Jim stated
that the City recently implemented an insurance policy that reduces the City's
liability by providing coverage to City volunteers, including those that participate
in this program. The Adopt - A - Pazk Program will allow the City to accept and
Page 1
13
Minutes
Woodburn Recreation and Parks Board
Tuesday, February 10, 2009
7:00 p.m.
solicit the interest of volunteer groups. Discussion took place on the program
criteria, procedures, conflict with events and possible volunteer groups.
Business from the Department
Aquatics -Debbie Wadleigh
Debbie played the Boazd an Aquatic Center commercial, which is airing in the
local cable television mazket. Debbie partially attributes increasing Center
attendance to the commercial. The Aquatic Center is offering a 12 x 12 Fitness
Challenge; I2 days of fitness a month for 12 months and currently has 40
participants. At the end of the challenge, their names will be put into a drawing to
receive a free yearly membership. The second winter sessions of swim lessons are
starting, and the fourth grade swim lesson program is ending this week. The
discount and promotion programs have shown to be successful and are
continuing. The HVAC replacement project is still on track, with installation
scheduled for April 27`x.
Recreation -Stu Spence
Sorts -Stu reported that the youth basketball is going well, with 204 kids
participating on 21 teams. Men's League Basketball has 18 teams. Stu is looking
for volunteers to help with Adult Basketball to streamline budget costs.
Active Adult -The active adult trip to McMenamin's Ironworks Grill in Forest
Grove had 15 participants, and the End of the Oregon Trail trip has 17
participants signed up.
Teen Program -The Settlemier Teen Coordinator, Erica Robles is leaving, and
Randall Porter will fill this position. The Woodbum School District is sponsoring
a snack program for the teen programs. A recent teen trip to a Portland Winter
Hawks game was a huge success. A Wii Fit system was purchased with Weed
and Seed funds to be shared between the two teen program sites.
Youth Advisory Board - In January, the YAB were invited to go as a part of the
Public Health Legislative Day at the State Capitol. Stu passed out a Statesman
Journal article that the teens were mentioned in.
After School Club -After School Club funding through the 21S` Century
Community Learning Centers grant program is ending this June. We have been
working hard on a variety of options to continue the program. The School
District is planning to apply for another 21S` Century Grant to fund the next 5
years of the program. Stu also provided an update on the status of the initiative o
bring the Boys and Girls Club to Woodburn. He reported that the Woodburn
Chamber of Commerce will distribute a community assessment survey to to
community stake holders, in order to determine the community's readiness. This
is the first step in getting a Boys & Girls Club in Woodburn. Information will be
tallied and evaluated to see what steps are then necessary to bring a Club to
Woodburn.
Other -Stu shazed he has received 2 grants recently; PAL-YEP for $4,000.00 and
AmeriCorps for 1 full time stipend volunteer from Mazch through August.
Page 2
14
Minutes
Woodburn Recreation and Parks Board
Tuesday, February 10, 2009
7:00 p.m.
Parks and Facilities -Jim Row
Budget
Jim informed the Board that this will be a challenging budget year, with resources
being tighter than recent yeazs. To prepare for the budgetary realities, the City has
already made reductions in this current fiscal year to try to make sure that we can
complete this year within budget. He also shared that the growth in property tax
revenues will be lower than they have been in many, many years. Jim promised
to keep the Board updated as budget process progresses. He also asked Board
members to let him know if they had any budgetary requests that they would like
to have considered.
Gazebo
Before his presentation, Jim took the opportunity to share the City's updated
website with the Board, which contains a page dedicated to the Downtown Plaza
Gazebo project. He shared pictures of the gazebo installation that took place on
Saturday, February ?, 2049. The project was completed through the tremendous
work of the Woodburn Rotary Club and Public Works Department personnel. He
thanked Public Works personnel for all their work in planning and organizing the
project to be volunteer friendly. Jim explained that due to funding limitations
when the Plaza was initially constructed, the City determined that the gazebo
would have to be constructed at a later date, with assistance from private
donations. The original plan called for a custom designed gazebo at an estimated
cost of more than $100, 000. Initial fundraising for the project fell short of that
goal and by working with a manufacturer, we were able to modify one of their
standazd designs and complete this project for $50,000. We are planning for the
dedication to take place at the "Day of the Child" event on Sunday, April 26,
2009.
Centennial Park
Jim reported that the construction drawings are about 90% complete, and
discussed features that were not on the original concept plan, such as walking path
a around the perimeter of the fields, and a fenced off-leash dog area.
Mill Creek Phase I
Jim reported that the design work is almost complete and the draft wetland permit
is being reviewed by the City. He plans to present an update on the project to
City Council on February 23rd. He felt that the earliest they will be able to get
the project out to bid, is early March. He hopes construction will begin azound
July IS`. He commented that he is coordinating this project with the Marshall
Street culvert replacement that Public Works is initiating.
8. Future Board Business
None.
9. Board Comments
No comments.
Page 3
15
Minutes
Woodburn Recreation and Parks Board
Tuesday, February 10, 2009
7:00 p.m.
10. Adjournment 8:05 p.m.
Rosetta Wangerin, Board Secretary Paulette Zastoupil, Recording Secretary
Date
Date
Page 4 16
COMMUNITY SERVICES DEPARTMENT STATISTICS
JANUARY 2009
Recreation Services Division
Jan-08 Jan-09 002 8 YTD 2009 YTD
Revenue: 17,535.66 10,369.94 $87,472.07 $89,913.49
Expenditures: 22,398.18 21,020.96 $203,462.03 $174,116.27
Program Attendance:
Youth Sports: 226 204 702 924
Adult Sports: 160 180 2,061 864
Youth Programs : 0 2 1,610 429
Adult Programs: 6 20 23 151
Teen Programs : 285 646 2,737 4,009
After School Club : 2,392 1,939 10,592 9,751
Special Events: 0 0 9,500 2,783
TOTAL: 3,069 2,991 27,225 18,911
Aquatics Division
Revenue:
Expenditures:
Cost Recovery:
Attendance:
Lesson Enrollment:
Group:
Adults:
Private:
4th Grade:
TOTAL:
Library Division
Jan-08 Jan-09 2 00 8 YTD 2009 YTD
19,206.72 14,410.17 95,904.35 108,238.90
52, 570.41 51,696.59 330,686.61 363,677.93
37% 28% 29% 30%
4,387 5,167 29,423 34,820
49 56 768 741
0 3 21 7
0 10 28 56
0 52 349 265
49 121 1,166 1,069
Jan-08 Jan-09 2008 YTD 2009 YTD
Revenue: $6,220.58 $18,006.97 $46,590.70 $69,449.71
Expenditures: $78,029.11 $84,738.96 $555,474.29 $598,564.92
Library Attendance: 16,935 17,863 106,178 115,680
Library Circulation: 12,099 12,463 80,225 81,580
Adult Program Count: 0 1 11 21
Adult Attendance: 0 3 3,745 3,818
Youth Service Program Count: 28 25 180 148
Youth Service Attendance: 557 440 3,534 3,955
0 0
Database Usaoe: 345 605 3,444 11,775
Adult Computer Usage: 4,488 4,263 29,960 27,839
Youth Services Computer Usage: 863 851 5,911 6,381
Room Reservations 13 20 37 57
New Adds: 552 449 3,576 2,705
Volunteer Hours Worked: 81 127 653 751
JANUARY 2008
17
CI TY OF WOODB URN
Community Development
MEMORANDUM
270 Montgomery Sfreet Woodburn, Oregon 97071 (503) 982-5246
Date: February 3, 2009
To: Jim Hendryx, Community Development Director
From: Building Division
Subject: Building Activity for January 2009
2007 2008 2009
No. Dollar Amount No. Dollar Amount No. Dollar Amount
Single-Family Residential 5 $1,191,564 10 $1,853,895 0 $0
Multi-Family Residential 0 $0 0 $0 2 $28,267
Assisted Living Facilities 0 $0 0 $0 0 $0
Residential Adds & Alts 3 $19,645 5 $80,000 3 $103,300
Industrial 0 $0 0 $0 0 $0
Commercial 1 $72,000 12 $528,943 9 $122,300
Signs and Fences 0 $0 0 $0 0 $0
Manufactured Homes 1 $40,000 0 $0 2 $50,000
TOTALS 10 $1,323,209 27 $2,462,838 16 $303,867
Fiscal Year to Date (July 1 -
June 30 ;9,540,363 $19,969,982 56,443,637
I.~Cammunity Developmeet\BuilOing\Builtling AclrvdylBUigACt-2009tBldg Activity - Memostrnemo J~yy~ry 2009.AOc
u~
r I~~r
W D~ N
r~cc,po,n„d re.sg
February 23, 2009
TO: Honorable Mayor and City Council through City Administrator
FROM: Jim Hendryx, Community Development Director
SUBJECT: Appeaf of CU 2008-01, located at S95 North Pacific Highway, tax lot
051 W 178809300.
RECOMMENDATION:
Adopt the resolution approving case CU 2008-O1 subject to conditions of
approval and denying the appeal of case CU 2008-01.
BACKGROUND:
The applicant, Arnoldo Benavidez, requested a Conditional Use to sell and install
auto parts (principally tires and wheels) at 595 N. Pacific Highway, in the
Commercial General zone. The Planning Commission held a public hearing on
December 11, 2008 and unanimously approved the application subject to
conditions. The order effecting the decision was appealed to the City Council
for a de novo public hearing. The City Council heard the case and the appeal
on February 9, 2009. The Council voted to approve the case and deny the
appeal, and instructed Staff to prepare a resolution memorializing that decision.
DISCUSSION:
None.
FINANCIAL IMPACT:
This decision is anticipated to have no public sector financial impact.
9
Agenda Item Review: City
Attorney {u ^'J Finance
COUNCIL BILL NO. 2764
RESOLUTION NO.
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-O1 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.
20
Section 4. The appeal of case CU 2008-01 is denied.
Approved as to form: .~ ~~ ~ f ~ Zd 0
City Attorney Date
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant City Recorder
City of Woodburn, Oregon
Page 2- COUNCIL BILL NO. 2764
RESOLUTION NO.
21
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.1]
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 Findin s: 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
22
TABLE 2.1.10 Lot Standards in a CG Zone
In a CG zone the lot area for anon-residential use shall be adequate to contain all structures
within the required setbacks. There shall be no minimum width or depth.
1
2
3
4
5
6
8
9
10
11
12
13
14
15
16
17
Findings: The existing and proposed uses of the property aze non-residential. The lot area is
adequate to contain all structures within the required setbacks.
Conclusions: The lot is conforming for area in the CG zone. There is no minimum lot width or
depth.
Height, Building: The vertical distance above a reference datum measured to the highest
point of the coping or flat roof or to the deck line of a mansard roof or to the average height of
the highest gable of a pitched or hipped roof. [WDO 1.102]
The maximum height of buildings shall not exceed 70 feet. [WDO 2.106.05.B]
Findings: The existing building is a single-story structure
Conclusions: The existing building complies with WDO 2.106.OS.B.
Special setback standards by street classification are established in Table 3.1,1. The special
setback standards shall be applied to streets within the City of Woodburn as functionally
classified in the Woodburn Transportation System Plan. [WDO 3.103.OS.D]
TABLE 3.1.1 Special Setback Standards by Street Classification
18
19
20
21
22
23
24
25
26
27
28
29
30
{ WTSP Functional Classification {Special Setback from Center Line {
I Major Arterial 150 feet
The minimum setback abutting a street shall be 15 feet plus any Special Setback, Section
3.103.05. (WDO 2.106.06.C.I.a.1]
Findin s: Figure 7.1 of the Transportation System Plan shows Pacific Highway as a Major Arterial.
Table 3.1.1 requires a special setback of 50 feet from the center line. The GIS system shows aright-
of-way width of approximately 80 feet. In addition to the special setback of 50 feet from centerline
(or 10 feet from property line), an additional 15 foot setback is required. The GIS system shows the
existing building to be set back approximately 45 feet from the front property line.
Conclusions: The existing building complies with the standards of WDO 3.103.OS.D, Table 3.1.1,
and WDO 2.106.06.C.1.a.1.
Development in a CG zone shall be subject to the setback and buffer requirements of Table
2.1.11. (WDO 2.106.05.C.2.a]
Exhibit A Page 2 of 9
23
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.
PISP, 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 ofnon-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.8)
6
7 Findin s: 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.OS.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.B.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.OS.C.l.b.2]
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.OS.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 3.103.06]
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 standazds of WDO 2.106.OS.C.l.b.2, WDO
22 2.106.OS.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.3]
28 Findincs: 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 standazds of WDO 2.106.06.E.3 are not applicable to the project as revised.
32
33
Exhibit A
Page 3 of 9
24
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 3.141.03 and construction
5 specifications of the Public Works Department. [WDO 3.101.02.C.1)
6 Findin s: 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.OS.E.2]
14 Findin s: 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 vff 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.4)
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 1.102)
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
2$ 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 3.102.01]
36 Findines: 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 3.102.02)
Exhibit A
Page 4 of 9
25
1 Findines: 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 3.102.03]
8 Findin s: 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.AJ
17 Findings: The conditional use does not require the installation of water, sanitary sewer, or storm
18 drainage facilities.
19 Conclusions: The standazds 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 3.102.04.8]
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 3.105.01]
Exhibit A
Page 5 of 9
26
1 Findin s: 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 Landscaaing Standards
7
8 The subject property shall be landscaped to the standards of Section 3.lOb 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 1'I'DO adoption. [WDO
16 3.106.01 ]
17 Findin s: 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 Findin s: 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
27
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 3.110.03]
4 Findings; The site contains three buildings, is planned and developed to function as a unit, and has
5 common on-site pazking, 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 1001ineal feet not to exceed
11 one pole sign for a complex.
12 b. A pole sign on a street with less than 3001ineal feet of frontage shall not exceed 15
13 feet in height and 50 square feet in area. [WDO 3.110.16.A.2]
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 FindinQS: 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 as 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.B.4]
38 Findin s: 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
28
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.O1.C.1]
9 Findings: WDO 2.106.03.A.1 lists as a conditional use in the CG zone "Motor vehicle and parts
10 dealers (441) 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.O1.C.1 is met.
15
16
17 The proposed use shall comply with the development standards of the zoning district. (WDO
18 5.103.O1.C.2]
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
Findings: Compliance with the Commercial General (CG) zoning regulations [WDO 2.106] is
explained in detail above.
Conclusions: The proposed use meets the requirements of WDO 2.106.
The proposed use shall be compatible with the surrounding properties. [WDO 5.103.O1.C.3]
Findings: A beauty salon and a restaurant exist on the same lot with the proposed use. Two
conforming and two nonconforming single-family dwellings abut the north lot line, as does a,
professional office, fabric store, restaurant, and auto repair facility. An automobile repair facility
abuts the lot on the south and west. A mobile home sales lot and a vacant commercial lot adjoin the
lot across Highway 99E.
Considerations. Relevant factors to be considered in determining whether the proposed use is
compatible include:
a. The suitability of the size, shape, location and topography of the site for the proposed use;
Findings: The subject property is of adequate size, is irregular in shape but not excessively so,
is located on a major arterial street, and is relatively flat.
b. The capacity of public water, sewerage, drainage, street and pedestrian facilities serving
the proposed use;
Findings: The subject property is currently served by public water, sewerage, and drainage
facilities. Street access is from a state highway. Sidewalks are not provided. The business is
auto-oriented, not pedestrian-oriented.
c. The impact of the proposed use on the quality of the living environment:
Exhibit A Page 8 of 9
29
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 Ptan 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 pazking 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 inclose proximity to residential areas if caze 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.O1.C.3]
24 Findin s: The proposed conditions of approval minimize the effects of the proposed use vn
25 adjacent property.
26
27 Conclusion: The proposed use meets the criterion of WDO 5.103.O1.C.3.
28
Exhibit A
30
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
31
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Woodburn Interchange
-5@OR214:
Woodburn Interchange
~~
.~
'.. i OR 274 @ Evergreen Rd.: ',
'' _Transi Facililjt~Woodburnl
k 4~\~
~' ~ _ •-'
- TAMP
-Access Management
Alan Fox, R2 Project Leader
- Project Leader Responsibilities
- Development Process
- Roles
-Project Objectives & Components
- DAP Elements
-Risks/Issues/Opportunities
- Public Involvement ~, 0 4~E~e9eenR
', __ Transit Facility_(Woodburn~__
Briefing Outline
Terry Cole, R2 Lead Planner
-Planning Background
-Environmental Background
{F t -~
~~~#~ Y i
{ ~~~~~~~
~ ~~`~~
~~
Background -Planning Documents
• 1997 - OR 214 Alternatives Analysis
• 2000 - I-S/Woodburn Interchange Refinement
Plan, CH2MHill, April
• 2005 -City of Woodburn Transportation
System Plan, 1996, updated
• 2005 -City of Woodburn Comprehensive
Plan, 1978, amendments through
• 2005 -Woodburn Development Ordinance
- ~.~
OR 214 @ Evergreen Rd.:
',___Tran~it Facilty~Woodburn)
+ .rr
F_~_ 1~~~,
Alternatives Considered and Dismissed
in the Refinement Plan & EA
• Second Interchange at Butteville Road
• Second Interchange at St. Louis Road
• Split Diamond
• Single Point Diamond
• Three-level Diamond
• Folded Quadrant Diamonds
• Tight Diamond
• Standard Diamond
• Partial Cloverleaf B _,~~~,~~_~.~. ,
OR 214 @ Evergreen Rd.:
Transit Facility IWo_ o i~burn~ _ ___I
f ~ +~ ¢
iq",'[Y
,~ ~~~~
__'a
Alternatives Advanced
in the Refinement Plan & EA
• Standard Diamond
• Partial Cloverleaf A
• Parclo Alternatives Evaluated:
»Widen Equal
»Widen North
~~
• Parclo Alternative Selected: Widen
North -modified
..
~~.
~' - _ -
OR 214 @ Evergreen Rd.:
_ _Transi~a~i it Wa db~~ _
s,-,
.,..
~~~
Interchange Environmental Approval
• July 2005 -Environmental Assessment
• August 2006 -Interchange Area
Management Plan (TAMP)
• November, 2006 -Revised Environmental
Assessment
• December 8, 2006 -Finding Of No
Significant Impact (FONSI)
_,
OR 214 @ Evergreen Rd.:
_Transit_Faclity_~Woodbum~
..~.
b~'~d~?
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Preferred Alternative -Widen North Modified
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OR 214 @ Evergreen Rd.:
Tra~Facili~~Woo i~burn~_
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Preferred Alternative -Widen North Modified
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OR 214 @ Evergreen Rd.: ',
'__ Tra_n~Fa~ility (Wood_burn _
•
_.~~ Imp~e'nr'en
-~gpllAMp meet
k aid Ride pe~elop
~, RAW Acquisition Design
relim~nary
e P es~gn
. lnter~h a 9e F ~na~ D
. lnter~h onstru~tion
eG
. Intercha meet Review
. Dever Road Construction
. Local n~toring
Generation meet of TAMP
. Trip
. periodic Assess
ctions
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Transit F~~s~l~.~
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Legend
Comprehensive Plan
Commercial
Industrial
~ MDR
LegenA N Figure 4
- Reads
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a
Interchange Management
. Tax tas - 37or~ s Area (IMA) Overlay District
~, u;~~r z~,e _.: o;,en Sva<a
,n,aenr.-s ,e ~~, r ~esaen~i~l < Iz o lea ; ,~o z:c,o 3.0~,o I-5/Woodburn TAMP
Jomercial Residential%12 Feet
Industrial
~~ ~~ Residential < 12
~.~- Residential > 12
O Open Space
~~
Roads
~~ Tax Lots
~, Overlay Zone
OR 214 @ Evergreen Rd.:
__ Transit_Facili~jc~4odburn __
i.> ~ ~ ~~
,...
~~~
-, :.
Overview of Woodburn Projects
Fa x.5 6 .
}.r ~ - __
%uiT.` i
a ~~_~,
Woodburn
,.
Interchange
,,
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' ~ Park & Ritte~+
-,-.
Evergreen Rd. OR 214
a...
~.~
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Broughton Way -~~'ark Ave. ~ ~ _
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- _ tM"swr: r lr=4F,~~ • ldi~ +t7te ~'__ ` '/.~ij{ `:L "' ` _, . .,
OR 214 @ Evergreen Rd.:
'_ ....Transit Facili~~Woodburn~
:~4~ ~ ~-
~ ~ _
Project Leader Responsibilities
• Scope Management
• Schedule Management
• Cost Management
• Quality Management
• Risk Management
• Project Team Leadership
• Public Involy
Management
ement/Communications
~M.
OR 214 @ Evergreen Rd.:
Tr nsit Facili~ Woodburn) _
~"~'1,,,, j~
~ < ~ ~ ,. r,
r, .<_ ~~
Roles
• PDT
-Project Development
» Concept
» DAP
» Public Involvement
-Private Development Review
• City
» PDT Member
» Project & Private Development Review
~~
G?-- - '~ ..;~.,.
OR 214 @ Evergreen Rd.:
_ Tr~nsi Facilty_(Woodburn~__
Project Developmen
TfaOSIII{Jn tt
Maintenaac+
.~~`t, On,Site 1'tofk Before
~: '~ Begins On-Site Wor4s
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oin
9 9
to here
I~tSY$f1iS@ ~ SNt Plans,
Ft~~dl ~~,'~ ~re(ir~inaty
I~Yt3fd ~~~~ ~ $~8ifi~3~ifr?k5 $~ ~~1 ~t~+~„~15 Pt~as far
C~atraet Desic~'B~Bu~ld ' Est~ma~s #~r '~r GR'15ItG'L~aJR '~flnstn~ct~rr~
._ -,~ ~..._.m._...._ .r.~ ..,. _ . C~R51dtlCliOn
..~ .. _ _._ _
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~ \ ` It t i
t 214 @ Evergreen Rd.:
i~~tit,E,iti:+,>,i
,~~ ~ ist .,~_,,~~ ~~ r
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.7.YYy
~~
Project Objectives
• Improved Connectivity
- Design a fully improved interchange
- Design a fully improved P & R facility
- Connect Evergreen Rd. w/Country Club Ct.
• Aesthetics compatible with gateway
location
- Interchange design
- City development Code
- Interchange & Transit Facility
• Stakeholder Involvement
- Aesthetic treatment of interchange
- Traffic Control Plan
• Complete DAP package ....~_..,~
~-~-.
', OR 214 @ Evergreen Rd.:
'__ _ Transit. Facility (W_ood_burn~
• Interchange and Layout Sheets
• Plans & Design Narrative -footprint
complete and ready for ROW
acquisition
• Design Exceptions/concurrences &
access management deviations
impacting footprint obtained
• Roadside Development Preliminary
Concept
• Offsite material source decisions made
,~~ _ ~ ~,x
on 2ta~e.a.s...~na.: '
TrgR4H Eae11l(yfwootlbum~. ".
DAP Elements
~~ ~. ~"~ ' ',' I J . ,
re 4Y iR'~~:.
y F
~t .. _
DAP Elements (contd.)
• Traffic Mitigation and Communi
Plan w/concurrence by affected
agencies
• Construction Staging Plan
• Intergovernmental Agreements
cations
completed
• Engineering Disciplines address local
concerns
• Public Involvement completed for all
relevant desi n decisions ~-~ ~--~.-_
g ~"~ OR 214 @ Evergreen Rd.:
Transit Fa~ltat (-Woodburn __
~-~~ .~'f ..:
Er-j~r" ~ .,ate.,....
~ ~~~
Project Risks /Issues /Opportunities
• High level of OTC Interest
• Gateway to Woodburn- aesthetic issues
• Three physically connected projects
• City Contribution to project ($8 million)
• Private development - on both sides of Evergreen
Rd. and redevelopment of other quadrants
• Escalating land values
• Unknown utility relocations
• Potential wetlands
• Topography -relatively flat area; drainage issues
,~.~=~= .
,~ ~-
OR 214 @ Evergreen Rd.:
i
_Transit_Facility (Woodburn
'~ I
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Public Involvement
External to Proiect
• Public Meeting on Transit
alternative design concepts
shelters, site amenities and
elements
Facility: the two
for landscaping,
other visual
Internal Proiect Meetings
• Kickoff Informational Meeting
w/Stakeholders
• Aesthetic Considerations
• Traffic Control Plan
OR 214 @ Evergreen Rd.:
__ Transit Facility ~Woodburn~___
r ~Ji,
._
End
OR 214 @ Evergreen Rd.: Transit
Facility (Woodburn)
~~
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OR 214 @ Evergreen Rd.:
Transi~_Fa~ili~t~Wood rn~
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OR 214 @ Evergreen Rd.:
Transit Facility_(Woodburn~ ___
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Project Scope
Country Club Court
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Project PRELIMINARY Cost Estimate
(Inflated to 2010)
• PE $ 5,332,000
• ROW 17,019,000
• UR 2,959,000
• Construction 47.000.000
Total: $72,310,000
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OR 214 @ Evergreen Rd.:
'_ ___Transit Facility_(Woodburn~__!
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Current Project Budget
• PE (To DAP)
• ROW
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92,000
• UR -0 -
• Construction - 0 -
Total: $1,718,616
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OR 214 @ Evergreen Rd.: ',
Transit .Facility ~WQOdburn~__'