Ord 2490- Ken's Autobody Land useCOUNCIL BILL NO. 2897
ORDINANCE NO. 2490
AN ORDINANCE APPROVING COMPREHENSIVE PLAN MAP AMENDMENT 2012 -01,
ZONE CHANGE 2012 -01, AND CONDITIONAL USE 2012 -01 FOR PROPERTY LOCATED
AT 2285 AND 2333 N. PACIFIC HIGHWAY; IMPOSING CONDITIONS OF APPROVAL;
APPROVING FINDINGS AND CONCLUSIONS; AND DECLARING AN EMERGENCY
WHEREAS, a land use application was filed by Ken's Autobody and
Service Center, Inc. for a Comprehensive Plan Map Amendment to change the
designation from Industrial to Commercial (CPA 2012 -01), a Zone Change from
Industrial Park (IP) to General Commercial (CG) (ZC 2012 -01), and a Conditional
Use for an automobile repair facility (CU 2012 -01); and
WHEREAS, the Planning Commission conducted a public hearing on June
14, 2012 and unanimously recommended approval of the application; and
WHEREAS, the City Council conducted a public hearing on July 9, 2012;
and
WHEREAS, the City Council considered the written and oral testimony
presented at the hearing regarding the application; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The real property located at 2285 N. Pacific Highway is Marion
County Tax Lot 051 W08AOI600.
The real property located at 2333 N. Pacific Highway is Marion County Tax
Lot 051 W08AOI500.
Both properties are the subject of the land use application and shall be
referenced as "the Subject Property ".
Section 2. The Comprehensive Plan Map designation of the Subject
Property described is changed from Industrial to Commercial.
Section 3. The zoning designation of the Subject Property is changed from
Industrial Park (IP) to General Commercial (CG) and the Official Zoning Map is
amended to reflect this change.
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Ordinance No. 2490
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Section 4. The Conditional Use of the Subject Property for use as an auto
repair facility is granted.
Section 5. The Comprehensive Plan Map Amendment (CPA 2012 -01)
Zone Change (ZC 2012 -01) and Conditional Use (CU 2012 -01) for the Subject
Property is based upon the Findings and Conclusions affixed as Attachment A
and by this reference incorporated herein.
Section 6. The Comprehensive Plan Map Amendment (CPA 2012 -01)
Zone Change (ZC 2012 -01) and Conditional Use (CU 2012 -01) for the Subject
Property is subject to the Conditions of Approval affixed as Attachment B, which
the City Council finds to be reasonable.
Section 7. This ordinance being necessary for the immediate preservation
of the public peace, health and safety, an emergency is declared to exist
because this is a time sensitive land use matter and this ordinance shall take
effect immediately upon passage t byy the Council and approval by )he Mayor.
<as
Approved as to form: / t, t 1 y (ir'�O of err o l t—
City Atti
Passed by the Council
Submitted to the Mayor
- awl -12-
Approved by the Mayor
Filed in the Office of the Recorder
8
f's- 9
ATTEST:
Heather Pierson, Assistant City Recorder
City of Woodburn, Oregon
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Ordinance No. 2490
65
ATTACHMENT A
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ATTACHMENT A
FINDINGS AND CONCLUSIONS
CPA 2012 -01, ZC 2012 -01, CU 2012 -01
General Provisions
Findings: Per Section 5.104, Comprehensive Plan amendments and zone changes are Type W
decisions. Per Section 5.103, conditional uses are Type III decisions.
Section 4.101.07 provides that "Under a consolidated review, all applications shall be processed
following the procedures applicable for the highest type decision requested. It is the express
policy of the City that development review not be segmented into discrete parts in a manner that
precludes a comprehensive review of the entire development and its cumulative impacts."
Conclusions The proposed conditional use is considered under a consolidated Type IV review.
The City Council will be the City's decision -maker for the Comprehensive Plan amendment,
zone change, and conditional use.
5.104.02 Comprehensive Plan Map Change, Owner Initiated
Findings Section 5.104.02.B.1 provides that the applicant shall demonstrate that the current
Comprehensive Plan Map is in error, if applicable. The applicant does not allege that the map is
in error.
Conclusion Section 5.104.02.B.1 does not apply to the proposed Comprehensive Plan
amendment.
Findings Section 5.104.02.B.2 provides that the applicant shall demonstrate how changes in the
community warrant the proposed change in the pattern and allocation of land use designations.
Conclusion The proposed Comprehensive Plan amendment complies with Section
5.104.02.B.2.
Findings Section 5.104.02.B.3 provides that the applicant shall demonstrate how the proposed
change in the land use designation complies with Statewide Planning Goals and Oregon
Administrative Rules, Comprehensive Plan goals and policies, and sustains the balance of
needed land uses within the Woodburn Urban Growth Boundary. Applicable Statewide Planning
Goals include Goal 1 (Citizen Involvement), Goal 2 (Land Use Planning), and Goal 9 (Economic
Development.)
Conclusion The proposed Comprehensive Plan amendment complies with Section
5.104.02.B.3.
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W
ATTACHMENTA
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Findings Section 5.104.02.13.4 provides that "Amendments to the comprehensive plan and land
use standards which significantly affect a transportation facility shall ensure that allowed land
uses are consistent with the function, capacity, and level of service of the facility identified in the
Transportation System Plan." The traffic generated by the former Goodwill was approximately
53 -58 average daily trips (Trip Generation, 7` Edition, published by the histitute of
Transportation Engineers.) The traffic generated by the proposed development is approximately
41 -55 average daily trips. The proposed development is not anticipated to significantly affect the
abutting Major Arterial, N. Pacific Highway.
Conclusion The proposed Comprehensive Plan amendment complies with Section
5.104.02.13.4.
5.104.04 Zoning Map Change, Owner Initiated
Findings Section 5.104.04.13.1 provides that the applicant shall demonstrate a need for the
proposed use and the other permitted uses within the proposed zoning designation.
Conclusion The proposed zone change complies with Section 5.104.04.13.1.
Findings Section 5.104.04.B.2 provides that the applicant shall demonstrate that the subject
property best meets the need relative to other properties in the existing developable land
inventory already designated with the same zone considering size, location, configuration,
visibility and other significant attributes of the subject property.
Conclusion The proposed zone change complies with Section 5.104.04.13.2
Findings Section 5.104.04.13.3 provides that the applicant shall demonstrate that amendments
which significantly affect transportation facilities ensure that allowed land uses are consistent
with the function, capacity, and level of service of the facility identified in the Transportation
System Plan. The proposed development is not anticipated to significantly affect the abutting
Major Arterial, N. Pacific Highway.
Conclusion Section 5.104.04.B.3 does not apply to the proposed zone change
WDO 2.106 Commercial General (CG) district standards
Finding Section 2.106.03.G.1 lists automotive maintenance as a conditional use in the
Commercial General (CG) zone.
Conclusion The proposed facility is allowed by conditional use in the CG zone.
Findings Table 2.1.10 provides that the lot area for a non - residential use shall be adequate to
contain all structures within the required setbacks, with no minimum width or depth. The
existing structure is 13,780 square feet in area. The lot area shown in the property tax records is
49,827 square feet.
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ATTACHMENT
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Conclusions The lot is adequate to contain all structures within the required setbacks, and
would be conforming in the CG zone.
Findings Section 2.106.05.C.1.a.1 provides that "The minimum setback abutting a street shall be
15 feet plus any Special Setback." The structure is located approximately 120 feet from the front
lot line.
Conclusion The proposed development meets the required front setback.
Findings Side and rear setbacks are set by Table 2.1.11:
TABLE 2.1.11 Interior Yard and Buffer Standards for CG Zones
Abutting Property
Interior Setback
CO, CG, DDC, NNC, P /SP, IP,
SWIR or IL zone
Alternative A: 5 ft.
Alternative B: Zero setback abutting a building wall.
The building is at least 10 feet from the side lot lines.
The building appears to encroach approximately 8 feet onto the abutting property to the west.
Survey 32990 was performed to adjust the western lot line an additional 30 feet to the west, but a
survey does not convey ownership. The deeds submitted with the application do not reflect the
30 foot property line adjustment. The additional 30 feet was not apparently transferred by deed.
Conclusions The proposed use meets the required side setback, but not the rear setback. This
could be cured by recording a deed consistent with Survey 32990.
WDO 3.104 Access
Findings Section 3.104.01.13.1 provides that "A City permit shall be required for any new or
modified vehicular access to a street that is under City jurisdiction." The project does not
include a new vehicular access or modifications to the existing access points. Pacific Highway is
an ODOT facility and is not under City jurisdiction.
Conclusion An access permit from the City is not required.
WDO 3.105 Off-Street Parking and Loading
Findings Section 3.105.0 LB provides that any additional parking and/or loading necessary to
accommodate a change of use that shall conform all (for a Type III Design Review) or a
proportion (for a Type H Design Review) of parking, loading and landscaping for the subject use
to the standards of the WDO. The proposed development does not, at this point, expand the
building. Section 5.101.02.B.2.e provides that establishment of a use in a building vacant for 6
months or more is a Type I Design Review.
Conclusions The proposed development is not an expansion of an existing use or a new
building, and is not subject to Type II or III Design Review. The standards of Section 3.105 do
not apply to the existing parking lot.
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ATTACHMENT
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Findings Table 3.1.2 gives the required off - street parking ratio. Property tax records indicate
that the existing building has 13,780 square feet of gross floor area. A total of 62 parking spaces
are provided. The applicant reports that he intends to establish 15 service bays, but no pump
islands or retail area.
TABLE 3.1.2 Off Street Parking Ratio Standards
Use
Parking Ratio - spaces per activity unit or
51 to 75
square feet of gross floor area (sfgfa)
13 Motor vehicle service ...
1.0/ 200 retail sfgfa + 3.0/ service bay +
B Automotive repair & maintenance
1.0/ pump island
Conclusions The proposed development requires 45 off -street parking spaces. The proposed
development meets the standard of Table 3.1.2.
Findings Section 3.105.02.E.2 provides that off - street vehicle parking shall not exceed 2.0 times
the amount required in Table 3.1.2. The proposed development requires 45 off - street parking
spaces. The maximum parking that could be provided is 90 spaces. A total of 62 parking spaces
is provided.
Conclusions The proposed development complies with Section 3.105.02.E.2.
Findings Section 3.105.02.E.3 provides that "The number of disabled person vehicle parking
spaces shall be provided to the standards of the state Building Code and applicable federal
standards." The state requirements are codified in ORS 447.233.
The number of accessible Parking spaces shall be:
Total Parking in
Lot
Required Minimum Number
of Accessible Spaces
Required Minimum Number of Van
Accessible Spaces
51 to 75
3
11
[ORS 447.233(2)(a)]
A total of 62 parking spaces are provided, including 1 van- and two car- accessible spaces.
Conclusions The proposed development meets the requirements of ORS 447.233(2)(a).
Findings Section 3.105.02.17 provides that a maximum of 20 percent of the required vehicle
parking spaces may be satisfied by compact vehicle parking spaces. The site plan shows no
compact vehicle parking spaces.
Conclusion The proposed development complies with Section 3.105.02.F.
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ATTACHMENT
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Findings Table 3.1.3 sets the minimum requirements for loading spaces. Property tax records
indicate that the existing building has 13,780 square feet of gross floor area. Site Plan Review
SPR 1993 -02 shows 2 exterior loading berths.
TABLE 3.1.3 Loading Space Requirements
Use
Minimum
Minimum Size of Space
Width
Length
Height
No. of Spaces
For all uses other than residential or entirely
office use
10,000 - 41,999 square feet of gross floor area
2
12 feet
30 feet
14 feet
Conclusion The development complies with Table 3.1.3.
Findings Table 3.1.4 sets the minimum dimensions for parking spaces and drive aisles.
Section 3.105.02.1-1.5 provides that "Off- street parking and maneuvering areas shall have
directional markings and signs to control vehicle movement." Section 3.105.02.H.6 provides
that "Off street parking spaces shall be delineated by double parallel lines on each side of a
space." Section 3.105.02.H.10 provides that "All uses required to provide 10 or more off street
parking spaces shall provide a bicycle rack within 50 feet of the main entrance."
Conclusions The existing parking area meets the current WDO requirements for the number of
off - street parking and loading spaces. The proposed change of use does not increase the required
parking. The applicant is not required to change the layout of the parking area with this
application.
WDO 3.106 Landscaping Standards
Findings A landscaping plan was approved under Site Plan Review SPR 1993 -02. It is apparent
that the plant density provided under that plan does not meet the current requirements of the
WDO. Section 1.104.02, Change or Expansion of an Existing Use with Nonconforming Parking,
Loading and/or Landscaping, provides that "Any additional parking, loading, landscaping, wall
or refuse facility required by the WDO to accommodate a change in use, or expansion of an
existing use shall be subject to the following:...
B. For applications where the change or expansion increases the required area for parking,
loading, or landscaping by less than 25 percent, the parking, loading, landscaping, buffer
walls and refuse facilities required for the expansion shall conform to the standards of the
WDO. The property owner is encouraged, but not required, to bring more of the site into
conformity."
The current proposal does not expand the building.
Conclusions The landscaping plan approved in SPR 1993 -02 remains in force, and is governed
as a nonconformity by Section 1.104.02.
Note: The applicant indicates that the building will be expanded in the future. Landscaping
"required for the expansion" will be reviewed as part of the future Design Review.
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ATTACHMENT
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WDO 3.107 Architectural Design Guidelines and Standards
Finding The current proposal does not expand or modify the existing building.
Conclusions The proposed development is not subject to the architectural design guidelines and
standards of Section 3.107. The proposed expansion will be subject to a future Design Review.
WDO 3.110 Signs
Findings A site visit found two existing pole signs on the Highway 99E frontage. Pole signs are
allowed in the CG zone (Table 3.110.1OB.) Section 3.110.11.13 provides that "Nonconforming
permanent signs shall comply with the provisions of Section 3.110 when one or more of the
following occurs:...
4. A Conditional Use or Type III Design Review land use application is approved for the
premises upon which the sign is located."
The present case includes a Conditional Use.
Conclusions The property owner must remove one of the existing pole signs, in accordance
with Section 3.110.11. One pole sign maybe established on the property, pursuant to Table
3.110.1013. This maybe addressed as a condition of approval, prior to building occupancy.
WDO 5.103.01 Conditional Use
Findings Section 5.103.0I.C.I requires that the use be listed as a Conditional Use in the zoning
district. Section 2.106.03.G.1 lists automotive maintenance as a conditional use in the
Commercial General (CG) zone.
Conclusion: The proposed use of the property is allowed by conditional use.
Findings Section 5.103.0I.C.2 requires that the use comply with the development standards of
the zoning district. Compliance with the Commercial General (CG) zoning regulations is
discussed in detail above.
Conclusions: The proposed use meets the requirements of Section 5.103.0t.C.2, with the
exception of the rear setback. As noted above, that issue could be resolved by recording a deed
consistent with Survey 32990.
Findings Section 5.103.0l.C.2 requires that the use be compatible with the surrounding
properties, and provides that 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 rectangular in shape, is located on a
major arterial street, and is relatively flat.
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ATTACHMENT
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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 provided. The business is
auto - oriented, not pedestrian- oriented.
c. The impact of the proposed use on the quality of the living environment:
1) Noise;
2) Illumination;
3) Hours of operation;
4) Air quality;
5) Aesthetics; and
6) Vehicular traffic.
Findings The proposed use of the property is automotive maintenance. The nearest
residential property is approximately 1,200 feet away. The proposed development is
surrounded by commercial and industrial property.
d. The conformance of the proposed use with applicable Comprehensive Plan policies;
Findings: Comprehensive Plan policy F -1.1 provides that: "The City should at all times have
sufficient land to accommodate the retail needs of the City and the surrounding market area,
while encouraging commercial infill and redevelopment. The City presently has five major
commercial areas: 99E, 1 -5 Interchange, the downtown area, the Parr Road Nodal
Commercial area, and the 214/211/99E four comers intersection area. No new areas should
be established." The proposal expands the existing 214/211/99E four corners commercial
area, and does not create a new commercial area.
e. The suitability of proposed conditions of approval to insure compatibility of the
proposed use with other uses in the vicinity.
Findings The proposed conditions of approval minimize the effects of the proposed use on
adjacent property.
Conclusion: The proposed development meets the criteria of WDO 5.103.0l.C.3 regarding
compatibility with the surrounding properties.
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ATTACHMENT
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ATTACHMENT B
CONDITIONS OF APPROVAL
CPA 2012 -01, ZC 2012 -01, CU 2012 -01
The City Council approves cases CPA 2012 -01, ZC 2012 -01, and CU 2012 -01, subject to the
following conditions of approval:
1. The property owner shall execute an acceptance of these conditions of approval.
2. The property shall be developed in substantial conformity to Exhibits A, B and C
attached hereto and incorporated.
3. Prior to occupancy of the building, the property owner shall record a deed consistent
with Survey 32990 and shall provide a copy to the Planning Division.
4. Prior to occupancy of the building, the property owner shall verify that permanent signs
comply with Table 3.110. 10B with the Planning Division.
EXHIBITS
Exhibit "A" Site Plan, dated March 29, 2012
Exhibit `B" Site Map Details, dated March 29, 2012
Exhibit "C" Building plan (Site Design Plan), received March 30, 2012
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ATTACHMENT
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jlt4lll KIEIJ�S f}tA'I SoDY S UICf� Cre
Exhibit "A"
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ATTACHMENT
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Ken's Auto Body & Service Center, Inc.
220 S. Pacific Hwy., Woodburn, OR 97071
Phone 503 - 981 -3550 Fax 503 - 981 -9175 ken @kensontheweb.com
CITY OF WOODBURN
ZONE CHANGE / COMPREHENSIVE PLAN MAP CHANGE/ CONDITIONAL USE PERMIT
Site Map Details
2333 N. Pacific Hwy. Woodburn, OR 97071
KEN'S AUTO BODY & SERVICE CENTER, INC. / SUMMIT PROPERTIES NORTHWEST, LLC
March 29, 2012
Submitted by Ken Cooper, President of Ken's Auto Body & Service Center, Inc. and Member of
Summit Properties Northwest, LLC.
SITE MAP DETAIL LIST
1. Backfill loading dock (30'x 1001
2. Concrete floor over backfilled dock.
3. Enclose North side (previous loading dock area): 3,000 sq. feet. Similar materials as are
on the existing building will be used for roof and siding.
A. Fencing (6' chain link style) at Southwest portion of property with gate.
5. Landscaping upgrades along West frontage. Watering needs are minimal; will use drip
watering system. Existing trees and shrubs will be retained.
a. Vibernum Spring Bouquet
b. Heather (3' variety)
c. Low growing junipers
d. Bulbs: Allium, Daffodil, Tulips
e. Barkdust
Exhibit "B"
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ATTACHMENT
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Page 2
CITY OF WOODBURN
ZONE CHANGE / COMPREHENSIVE PLAN MAP CHANGE / CONDITIONAL USE PERMIT
Site Map Details
2333 N. Pacific Hwy. Woodburn, OR 97071
SITE DESIGN PLAN DETAILS
1. Landscaping is primarily along east (front) property line and north property line.
Total existing landscaped area = 2,300 square feet.
2. Subject property area: 1.455 acres
3. Parking spaces : 64 total; 3 disabled parking spaces.
4. Building: (with enclosed loading dock) 16,900 square feet floor area; eave height =
18', overall height = 22'2 ".
5. Dumpster to be kept behind fence.
6. Solid waste (scrap metal) to be kept behind fence. Scrap metal is recycled weekly.
7. Exterior lighting along south and east sides of building.
76
r,.
Ken's Auto Body & Service Center
Site Map Details: Landscaping Images
Viburnum Spring Bouquet
r
Heather
Allium Bulbs
ATTACHMENT
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