Res 2020 - Kalugin, SUB 2012-01, VAR 2012-02, EXCP 2012-01X 91110161118 1 ,11 • . I•
A RESOLUTION GRANTING THE APPLICATION IN CASE NUMBERS SUB 2012 -01,
VAR 2012 -02, AND EXCP 2012 -01, ADOPTING FINDINGS AND CONCLUSIONS,
AND IMPOSING CONDITIONS
WHEREAS, a request was made by Troy Plum, PE, applicant, on behalf of
Lazar Kalugin, property owner, for a 14 -lot subdivision, with variances for lot
area, width, depth, street frontage, front, side and rear setbacks, lot coverage,
and street cross - section (for Kalugin Lane and Centennial Drive), and an
exception for improvements to Hardcastle Avenue; and
WHEREAS, the Planning Commission held a public hearing on the cases at
its meeting of July 26, 2012; and
WHEREAS, the Planning Commission approved case numbers SUB 2012 -01,
VAR 2012 -02 and EXCP 2012 -01 subject to conditions of approval; and
WHEREAS, on September 10, 2012 the City Council called up the cases
for review on its own initiative; and
WHEREAS, the City Council held a de novo public hearing on the cases at
its meeting of September 24, 2012; and
WHEREAS, the City Council considered all written and oral testimony
presented at the public hearing; and
WHEREAS, the City Council voted to approve case numbers SUB 2012-
01, VAR 2012 -02 and EXCP 2012 -01 subject to conditions of approval; NOW,
THEREFORE,
Section 1. The application in case numbers SUB 2012 -01, VAR 2012 -02
and EXCP 2012 -01 is herebygranted.
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.
Page 1 - Council Bill No. 2909
Resolution No. 2020
Section 3. Approval of the application is subject to the conditions
imposed by the Woodburn City Council which are attached hereto as Exhibit
"B" and by this reference are incorporated herein.
Approved as to form:
• Me
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
City Attorne\�
n� +o
ATTEST:
Heather Pierson, Assistant City Recorder
Page 2 - Council Bill No. 2909
Resolution No. 2020
-V/
1
SUB 2012 -01, VAR 2012 -02, EXCP 2012 -01
APPROVAL CRITERIA
Applicable criteria from the Woodburn Development Ordinance (WDO) are Sections: 1.101, 1.102, 2.101,
2.102, 3.101, 3.102, 3.103, 3.104, 3.105, 3.106, 4.101, 4.102, 5.103, and 6.103. Additional relevant criteria
are the goals and policies of the Woodburn Comprehensive Plan, and the right -of -way standards of the
Woodburn Transportation System Plan.
ANALYSIS AND FINDINGS OF FACT
General Provisions
Findings Preliminary subdivision cases, variances, and street exceptions are Type III decisions. The
Planning Commission is the City's decision - maker. The applications are processed concurrently, as required
by Section 4.101.02.
WDO 2.102 Residential Single Family (RS) District Standards
Findings Section 2.102.06.A requires a minimum of 5.2 dwelling units per net acre in subdivisions. The
proposed density is 14 dwelling units on 1.3 net acres, or 10.7 dwelling units per net acre.
Conclusion The proposed subdivision complies with Section 2.102.06.A.
Note: As the proposed subdivision requires variances for most lot and development standards, those are
discussed later (pages 8 -11).
WDO 3.101 Street Standards
Findings Hardcastle Avenue is the Boundary Street and also the Connecting Street for the property, as
defined in Section 1.102 and shown in Figure 6.12 of the Transportation System Plan. Hardcastle Avenue is
designated as a Service Collector in the Plan. The required cross - section for a Service Collector is a 72 foot
of right -of -way, 36 foot improved driving surface (two 12 foot traffic lanes and a 12 foot center turn lane), 6
foot bike lanes (optional), 6 foot landscape strips and 6 foot sidewalks on both sides. The existing cross -
section of Hardcastle Avenue is a 60 foot of right -of -way, improved with (south to north) a 6 foot sidewalk,
1.5 foot planter strip, 2 foot curb and gutter, 4 foot bike lane, 11 foot travel lane, 12 foot center turn lane, 11
foot travel lane, 4 foot bike lane, 2 foot curb and gutter, and 5 foot sidewalk. The applicant requests an
exception for the width of the travel lanes (11 feet instead of 12), bike lane (4 feet instead of 5 feet), and
planter strip (1.5 feet instead of 6 feet).
Exhibit A Page 1 of 14
PUBLIC UTILITY
a EASEMENT
12' 5 5' 1 S'
TRAVEL BIKE LAND SIDE 5 ,
LANE I LANE SCAPE WALK .
Detail from Figure 7 -2 of the Transportation System Plan
The preliminary subdivision plan (Exhibit B) shows 6 feet of right -of -way dedication on Hardcastle Avenue,
for a total dedication of 36 feet from centerline. The applicant has requested an Exception to Street Right -of-
Way and Improvement Requirements for Hardcastle Avenue, which is discussed later (pages 5 -7).
Conclusions The proposed subdivision complies with the right -of -way dedication requirements for a Service
Collector. The applicant must provide the full street improvements required by the Transportation System
Plan for Hardcastle Avenue, or obtain an Exception to Street Right -of -Way and Improvement Requirements,
in accordance with Section 3.101.02.D.
Findings Section 3.101.02.F.2 requires that temporary dead end streets have an all weather sign at the
temporary street terminus, installed by the applicant, that states: "This Street is Planned for Future
Extension" and that the property owner provide either a one foot reserve strip deeded to the City, or an
alternative method for limiting access approved by the City Engineer, at the temporary end of the right -of-
way. The cover sheet (Exhibit A) shows a Type III barrier and signage at the eastern terminus of Centennial
Drive.
Conclusions The proposed development complies with Section 3.101.021.2. Installation of the barrier and
signage will be verified by the Public Works Department when Centennial Drive is constructed.
Fi nding : Centennial Drive will function as an emergency vehicle turnaround until it is extended.
M
Detail of emergency vehicle turnaround from the Oregon Fire Code
Conclusion No on- street parking can be allowed on Centennial Drive until it is extended.
Exhibit A Page 2 of 14
SERVICE
PUBLIC UTILITY
A 50 �
COLLECTOR
EASEMENT
STREET'*
��
12
CENTER
TRAVEL
LEA
WALK CAE LANE
ERN
PUBLIC UTILITY
a EASEMENT
12' 5 5' 1 S'
TRAVEL BIKE LAND SIDE 5 ,
LANE I LANE SCAPE WALK .
Detail from Figure 7 -2 of the Transportation System Plan
The preliminary subdivision plan (Exhibit B) shows 6 feet of right -of -way dedication on Hardcastle Avenue,
for a total dedication of 36 feet from centerline. The applicant has requested an Exception to Street Right -of-
Way and Improvement Requirements for Hardcastle Avenue, which is discussed later (pages 5 -7).
Conclusions The proposed subdivision complies with the right -of -way dedication requirements for a Service
Collector. The applicant must provide the full street improvements required by the Transportation System
Plan for Hardcastle Avenue, or obtain an Exception to Street Right -of -Way and Improvement Requirements,
in accordance with Section 3.101.02.D.
Findings Section 3.101.02.F.2 requires that temporary dead end streets have an all weather sign at the
temporary street terminus, installed by the applicant, that states: "This Street is Planned for Future
Extension" and that the property owner provide either a one foot reserve strip deeded to the City, or an
alternative method for limiting access approved by the City Engineer, at the temporary end of the right -of-
way. The cover sheet (Exhibit A) shows a Type III barrier and signage at the eastern terminus of Centennial
Drive.
Conclusions The proposed development complies with Section 3.101.021.2. Installation of the barrier and
signage will be verified by the Public Works Department when Centennial Drive is constructed.
Fi nding : Centennial Drive will function as an emergency vehicle turnaround until it is extended.
M
Detail of emergency vehicle turnaround from the Oregon Fire Code
Conclusion No on- street parking can be allowed on Centennial Drive until it is extended.
Exhibit A Page 2 of 14
WDO 3.102 Utilities and Easements
Findin : Section 3.102.04.A requires dedication of easements for municipal infrastructure, if required by the
Public Works Department. The Public Works Department has not requested dedication of easements, other
than those required by Section 3.102.04.13.
Conclusion The proposed subdivision complies with Section 3.102.04.A.
Findings Section 3.102.04.13 requires dedication of a 5 foot public utility easement along each lot line
abutting a street. The preliminary subdivision plan shows a 10 foot public utility easement along either side
of the street.
Conclusion The proposed subdivision exceeds the requirements of Section 3.102.04.13.
WDO 3.103 Setback, Open Space and Lot Standards, Generally
Section 3.103.01 provides that setbacks define the areas within a lot that are to be retained and maintained
unobstructed by buildings and structures. The preliminary subdivision plan shows the setbacks required in
the RS zone (the correct setbacks for Lot 6 are shown in Exhibit C.) The applicant is requesting variances
from the front, side, and rear setbacks.
Findings Section 3.103.01 Setbacks and required open space define the areas within a lot that are to be
unobstructed by buildings and structures, except for projections, accessory uses and structures and for
common facilities required as a condition of a land use decision.
Conclusion If the Council grants a variance for setbacks, compliance with the approved setbacks will be
verified during the building permit process.
WDO 3.104 Access
Findings Section 3.104.0 LA.1 requires that parcels have access to a public street. The site plan shows all
lots with direct access to a public right -of -way.
Conclusion The proposed development complies with Section 3.104.0l.A.
Findings Section 3.104.03.A.2.b provides that the lot and street layout in a subdivision or PUD should be
configured so that lots abutting a major street have access to a local street. The preliminary plan shows Lot 2
taking access from Centennial Drive (a local street), not Hardcastle Avenue (a major street as defined in
Section 1.102.)
Conclusion The proposed development complies with Section 3.104.03.A.2.b.
Findings Section 3.104.05.C.2 requires an improved parking space, or pad, abutting the attached or detached
garage doorway for each opposing parking space within the garage. The exterior pad area for each vehicle
shall have the minimum dimensions of 10 feet wide by 20 feet long. The preliminary plat shows a driveway
the width of the garage and 20 feet long for each dwelling unit.
Conclusion The proposed development complies with Section 3.104.05.C.2.
Exhibit A Page 3 of 14
WDO 3.105 Off - Street Parking and Loading
Findings Table 3.1.2 requires, for single - family or duplex dwellings, 2 off - street parking spaces per dwelling
unit in a garage. The submittal did not include floor plans.
Conclusions The proposed development complies with Table 3.1.2. This will be verified during the building
permit process.
WDO 3.106 Landscaping Standards
Findings Section 3.106.0l.A exempts single - family and duplex dwellings from on -site landscaping
requirements. The proposed development is entirely single - family.
Conclusion The proposed development is exempt from on -site landscaping requirements.
Findings Section 3.106.03.A.1 requires that street trees be planted prior to final occupancy. Section 6.103
lists acceptable and unacceptable trees species, classified by size. Four small trees, three medium trees, or
two large trees are required per 100 feet of street frontage. The subdivision has a total street frontage of
approximately 1,020 feet. The site plan (exhibit C) shows 25 street trees, but does not identify the species.
At least 41 small trees, 31 medium trees, or 20 large street trees are required prior to final occupancy. Street
tree plans are typically approved administratively during the subdivision process. Street trees as indicated on
the plan are then planted upon development of each abutting lot, as part of the building permit process. The
applicant proposes to plant the street trees on site, outside the public right -of -way.
Conclusions The proposed development has not been shown to comply with Section 3.106.03.A.1. The
property owner shall submit a street tree plan that shows the equivalent of at least 41 small, 31 medium, or
20 large street trees (per Section 6.103) and shall identify the species of street tree to be planted. Although
the street trees are located on the lots, their planting and maintenance can be required as conditions of
approval for the subdivision.
WDO 5.103.03 Exception to Street Right of Way and Improvement Requirements
Section 5.103.03.13 provides that the purpose of a street exception is to allow a deviation from the
development standard required for the functional classification of the street identified in the Transportation
System Plan (TSP). The applicant requests an exception for Hardcastle Avenue, for the width of the travel
lanes (11 feet instead of 12), bike lane (4 feet instead of 5 feet), and planter strip (1.5 feet instead of 6 feet).
Section 5.103.03.13 requires the applicant to analyze the effect of a proposed development on streets near the
development (the boundary streets and connecting streets), and on the larger transportation system.
Subsection B.1 requires an estimate of the extent to which the rights -of -way and improvements will be used
by persons served by the building or development.
Findings regarding Section 5.103.03.13.1 The Institute of Traffic Engineer's trip generation manual (7`"
edition) estimates 9.57 average daily trips per dwelling unit. The proposed subdivision will entail a net
increase of [14] dwelling units and can be expected to generate an additional 106 average daily trips on
Hardcastle Avenue. Neither conventional traffic counts, nor the ITE Trip Generation Manual, account for
non - vehicular traffic. The sidewalks are required by the Transportation System Plan for safety. The
Exhibit A Page 4 of 14
landscape strip is required by the Transportation System Plan as a standard of aesthetics. The specified
improvements are needed to provide vehicle and non - motorized transportation facilities throughout the street
corridor. Traffic counts from August, 2008 show 1,177 average daily trips on Hardcastle Avenue,
approximately 1 block east of the property.
Conclusions regarding Section 5.103.03.13.1 Users of the proposed subdivision will use Hardcastle Avenue
for both their vehicular and non - motorized traffic needs, for safety as well as convenience. The proposed
subdivision will generate approximately a 9.0 percent increase in vehicular trips per day on Hardcastle
Avenue.
Subsection B.2 requires an estimate of the improvements needed to meet the estimated use of the building or
development.
Findings regarding Section 5.103.03.B.2 The proposed subdivision will generate an approximately 9 percent
increase in vehicular trips per day on Hardcastle Avenue. The existing cross - section of Hardcastle Avenue is
a 60 foot right -of -way, improved with (south to north) a 6 foot sidewalk, 1.5 foot planter strip, 2 foot curb
and gutter, 4 foot bike lane, 11 foot travel lane, 12 foot center turn lane, 11 foot travel lane, 4 foot bike lane,
2 foot curb and gutter, and 5 foot sidewalk.
Conclusions reizarding Section 5.103.03.B.2 No improvements to Hardcastle Avenue are needed to
accommodate the increase in traffic attributable to the proposed subdivision. It is reasonable to require the
property owner to participate in the cost of providing all improvements required by the Transportation
System Plan for Hardcastle Avenue. The property owner should enter into a non - remonstrance agreement to
participate in the cost of reconstructing Hardcastle Avenue to the standards of the Transportation System
Plan when such reconstruction becomes timely.
Subsection B.3 requires an estimate of the impact the building or development will have on the larger public
infrastructure system.
Findings rewarding Section 5.103.03.B.3 The proposed subdivision will generate an approximately 9 percent
increase in vehicular trips per day on Hardcastle Avenue. The traffic impact on the larger public
infrastructure system is substantially smaller than the impact on Hardcastle Avenue.
Conclusions regarding Section 5.103.03.B.3 No immediate improvements to the larger public infrastructure
system are needed to accommodate the increase in traffic attributable to the proposed subdivision. System
Development Charges (SDCs) will be collected to fund improvements to the larger public infrastructure
system.
Subsection B.4 requires an estimate of the improvements needed to mitigate the impact of the building or
development on the larger public infrastructure system.
Findings regarding Section 5.103.03.B.4 The proposed subdivision will generate an approximately 9 percent
increase in vehicular trips per day on Hardcastle Avenue. The traffic impact on the larger public
infrastructure system is substantially smaller than the impact on Hardcastle Avenue.
Exhibit A Page 5 of 14
Conclusions regarding Section 5.103.03.B.4 No immediate improvements to the larger public infrastructure
system are needed to accommodate the increase in traffic attributable to the proposed subdivision. System
Development Charges (SDCs) will be collected to fund improvements to the larger public infrastructure
system.
Findings Section 5.103.03.0 prohibits exceptions from construction specifications. The applicant has not
requested an exception from construction specifications, but rather an exception to the street cross - section
requirement.
Conclusion An exception to reduce a street right -of -way or cross - section requirement is not precluded by
Section 5.103.03.C.
Findings Section 5.103.03.D requires that rights -of -way meet minimum standards of safety to be eligible for
a street exception. As specified in Section 3.101.02.D.1 and 2, the minimum standard for safety is a curb and
10 foot wide travel lane in each direction, drainage facilities, pedestrian and bikeway facilities located on one
side of the street, and full improvement of the street from the center line to the boundary of the subject
property. As a Service Collector, the required cross - section for a Hardcastle Avenue is a 72 foot of right -of-
way, 36 foot improved driving surface (two 12 foot traffic lanes and a 12 foot center turn lane), 6 foot bike
lanes (optional), 6 foot landscape strips and 6 foot sidewalks on both sides. The existing cross- section of
Hardcastle Avenue is a 60 foot right -of -way, improved with (south to north) a 6 foot sidewalk, 1.5 foot
planter strip, 2 foot curb and gutter, 4 foot bike lane, 11 foot travel lane, 12 foot center turn lane, 11 foot
travel lane, 4 foot bike lane, 2 foot curb and gutter, and 5 foot sidewalk.
Conclusions Hardcastle Avenue meets the specified minimum standards of safety. A street exception is not
precluded by Section 5.103.03.D.
Summary of conclusions regarding the street exception: Requiring the applicant to build the boundary
and connecting streets to the cross - section specified in the Transportation System Plan would exceed the
applicant's proportional share of the public improvements. It is, however, reasonable to require the property
owner to bear a portion of the improvement costs for Hardcastle Avenue. A non - remonstrance agreement for
public improvements could be required as a condition of approval for the street exception.
Exhibit A Page 6 of 14
WDO 5.103.10 Subdivision Preliminary Approval
Findings Section 5.103.10.13.1 requires that a subdivision not impede the future best use of the remainder of
the property or development of adjoining land. The current application includes all contiguous land owned
by the applicant. The subdivision design does not restrict access to or development of abutting properties.
Conclusion The proposed subdivision complies with Section 5.103.10.B.1.
Findings Section 5.103.10.B.2 requires that a subdivision be served with City streets, water, sewer and storm
drainage facilities with adequate capacity. The Public Works Department reports that the development can
be served by the existing systems.
Conclusion The proposed subdivision complies with Section 5.103.10.B.2.
Findings Section 5.103.10.B.3 requires that the plan for the development takes into account topography,
vegetation and other natural features of the site.
Conclusion The proposed subdivision complies with Section 5.103.10.B.3.
Findings Section 5.103.10.B.4 requires that adequate measures be taken to alleviate identified hazards and
limitations to development from wetlands and geologically unstable soil. There are no wetlands or unstable
soil identified on the property.
Conclusion: The proposed subdivision complies with Section 5.103.10.B.4.
Findings Section 5.103.10.B.5 requires that the development comply with all applicable provisions of the
WDO, except as may be waived by variance. Compliance with the relevant standards and the need for
variance is detailed in these findings.
Conclusion The proposed subdivision complies with Section 5.103.10.B.5.
WDO 5.103.12 Variance (lot and development standards)
Findings Section 5.103.12.A provides that the purpose of a variance is to allow use of a property in a way
that would otherwise be prohibited by this ordinance. Uses not allowed in a particular zone are not subject to
the variance process. The variances requested are for dimensional standards, not for land uses.
Conclusion: The proposed subdivision complies with Section 5.103.12.A.
Findings Section 5.103.12.13 provides that a variance from development standards may be granted when
strict adherence to the standards of the WDO is not possible or imposes an excessive burden on the property
owner, and when variance to the standards will not unreasonably impact existing or potential uses or
development on the subject property or adjacent properties.
Exhibit A Page 7 of 14
The applicant has requested variances for lot area, width, depth, street frontage, front, side and rear setbacks,
and lot coverage, as shown in the following tables:
Lot Standards Requiring a Variance
Lot
Lot Area
Lot Width
Street Frontage
Lot Depth
Proposed
Required
Proposed
Required
Proposed
Required
Proposed
Required
2
5,736
8,000
43.13
90
3
2,305
6,000
37.50
50
37.50
40
61.48
90
4
3,689
6,000
61.48
90
5
3,689
6,000
61.48
90
6
3,689
6,000
61.48
90
7
4,691
8,000
75.03
80
61.48
90
8
5,052
6,000
86.75
90
9
4,890
6,000
85.96
90
10
4,846
6,000
85.13
90
11
3,024
8,000
50.38
80
61.52
90
12
2,307
6,000
37.50
50
37.50
40
61.52
90
13
4,307
6,000
61.53
90
14
4,308
6,000
61.54
90
15
4,315
6,000
61.55
90
Exhibit A Page 8 of 14
Development Standards Requiring a Variance
Lot
Front Setback
Side Setback
Rear Setback
Lot Coverage
Proposed
Required
Proposed
Required
Proposed
Required
Proposed
Required
2
12
20
0
5
10
30
3
12
20
0
5
10
30
46
35
4
12
20
10
24
5
12
20
10
24
6
12
20
10
24
7
12
20
10
24
8
12
20
9
12
20
10
12
20
11
12
20
0
5
10
30
36
35
12
12
20
0
5
10
30
46
35
13
12
20
10
24
14
12
20
10
24
15
12
20
10
24
Findings Section 5.103.12.0 lists five factors to be used as a guide in deliberations on the application.
These are discussed in detail for each requested variance in pages 12 -39 of the applicant's submittal, which is
incorporated into this staff report as Attachments A and B. In the following analysis, the applicant's
statements have been summarized, and the reader is referred to Attachments A and B for the complete text of
the statements.
Section 5.103.12.C.1: The variance is needed to prevent unnecessary hardship relating to the land or
structure, which would cause the property to be unbuildable by application of the WDO. Factors to consider
in determining whether hardship exists, include:
® Physical circumstances over which the applicant has no control related to the piece of property
involved that distinguish it from other land in the zone, including but not limited to lot size, shape, or
Exhibit A Page 9 of 14
topography.
® Whether reasonable use, similar to other properties, can be made of the property without the
variance.
® Whether the hardship was created by the person requesting the variance.
Findings regarding Section 5.103.12.C.1 The property is distinguished from other land in the zone by its
width (not wide enough for conventional lots on both sides, but wide enough to be developed with small lots
on both sides.) It is also unique in the configuration of abutting streets (Hardcastle Avenue and Centennial
Drive.) The owner asserts that the variances are necessary to make reasonable use of the property.
Section 5.103.12.C.2: Development consistent with the request will not be materially injurious to adjacent
properties. Factors to be considered in determining whether development consistent with the variance will
be materially injurious include, but are not limited to:
® Physical impacts such development will have because of the variance, such as visual, noise, traffic
and drainage, erosion and landslide hazards.
• Incremental impacts occurring as a result of the proposed variance.
Findings regarding Section 5.103.12.C.2 The development allowed by the requested variances is not
anticipated to be materially injurious to adjacent properties, either through physical impacts such as visual,
noise, traffic and drainage, erosion and landslide hazards, or through incremental impacts occurring as a
result of the proposed variances. Adjacent property to the west is zoned Medium Density Residential (RM)
and is developed with duplexes. Adjacent property to the east is zoned Single- Family Residential (RS) and
is developed with a single- family dwelling. The proposed subdivision is transitional between the two
development types.
Section 5.103.12.C.3: Existing physical and natural systems, such as but not limited to traffic, drainage,
dramatic land forms or parks will not be adversely affected because of the variance.
Findings regarding Section 5.103.12.C.3 The development allowed by the requested variances is not
anticipated to affect drainage or other physical or natural systems. There are no dramatic land forms nearby.
Nelson Park, the nearest public park, is approximately 1,100 feet away by road.
Section 5.103.12.C.4: The variance is the minimum deviation necessary to make reasonable economic use of
the property.
Findings regarding Section 5.103.12.C.4 The proposed small -lot subdivision, with lots on both sides of
Kalugin Lane, increases the number of lots available to support the cost of necessary infrastructure
improvements. The owner asserts that the variances are necessary to make reasonable economic use of the
property.
Section 5.103.12.C.5: The variance does not conflict with the Woodburn Comprehensive Plan.
Findings regarding Section 5.103.12.C.5 Comprehensive Plan policy D -2.2 states that it is the policy of the
City to encourage a variety of housing types to accommodate the demands of the local housing market.
Policy D2.6 states that Woodburn is committed to providing affordable homeownership opportunities to its
Exhibit A Page 10 of 14
citizens. For this reason, Woodburn zoning regulations will allow rowhouses (attached single - family homes)
and detached single - family homes on smaller lots (4,000 sq. ft. minimums) within Nodal Development areas.
The site does not have the 5 acres required for a Planned Unit Development. The property is not located in
the nodal overlay (which allows attached dwellings at higher density than the RS zone). The owner's only
option to develop a small -lot subdivision is to obtain multiple variances. The property is zoned Residential
Single - Family (RS) and is designated Low Density Residential on the Comprehensive Plan Map. The
proposed use of the property is single - family residential. Abutting properties are zoned Residential Single -
Family (RS) and Medium Density Residential (RM), and are designated Low Density Residential and
Medium Density Residential on the Comprehensive Plan Map.
Conclusions regarding Section 5.103.12.C The property is not "unbuildable by application of the WDO."
The requested variances would not alter existing patterns of traffic or drainage, or other physical or natural
systems, or be materially injurious to adjacent properties. The requested variances do not conflict with the
Woodburn Comprehensive Plan, and will further the policy of providing a variety of housing types and
affordable homeownership opportunities.
WDO 5.103.12 Variance (street cross- section)
Findings Section 5.103.12.A provides that the purpose of a variance is to allow use of a property in a way
that would otherwise be prohibited by this ordinance. Uses not allowed in a particular zone are not subject to
the variance process. The variances requested are for dimensional standards, not for land uses.
Conclusion: The proposed subdivision complies with Section 5.103.12.A.
Section 5.103.12.13 provides that a variance from development standards may be granted when strict
adherence to the standards of the WDO is not possible or imposes an excessive burden on the property
owner, and when variance to the standards will not unreasonably impact existing or potential uses or
development on the subject property or adjacent properties.
The applicant has requested variances for right -of -way width (47 feet instead of 60 feet) and planter strip
(none instead of 7 feet, with street trees located on property instead of in a planter strip).
Findings: The applicant has requested variances for the cross- sections of Kalugin Lane and Centennial Drive.
Exhibit A Page 11 of 14
LOCAL
RESIDENTIAL
WITH
PARKING
BOTH SIDES
"i.
PUBLIC EN EASEMENT U PUBLIC UTILITY
t" T
EASEMENT "�` �°" '�
n ®•,,
EEEEE
5' 7' 10' 10' 7' 5'
SIDE LAND 7' TRAVEL TRAVEL 7' LAND SIDE
5' WALK i SCAPE PARKING LANE LANE PARKING SCAPE WALK 5
34
ROW 60'
Detail from Figure 7 -2 of the Transportation System Plan
Proposed cross- section of Kalugin Lane and Centennial Drive
Findings Section 5.103.12.0 lists five factors to be used as a guide in deliberations on the application.
Section 5.103.12.C.1: The variance is necessary to prevent unnecessary hardship relating to the land or
structure, which would cause the property to be unbuildable by application of the WDO. Factors to consider
in determining whether hardship exists, include:
• Physical circumstances over which the applicant has no control related to the piece of property
involved that distinguish it from other land in the zone, including but not limited to lot size, shape, or
topography.
• Whether reasonable use, similar to other properties, can be made of the property without the
Exhibit A Page 12 of 14
variance.
® Whether the hardship was created by the person requesting the variance.
Findings regarding Section 5.103.12.C. l : The property is distinguished from other land in the zone by its
shape and the configuration of abutting streets (Hardcastle Avenue and Centennial Drive). The requested
variance does not involve the driving or parking lanes, or affect the functionality for vehicular traffic.
Section 5.103.12.C.2: Development consistent with the request will not be materially injurious to adjacent
properties. Factors to be considered in determining whether development consistent with the variance
materially injurious include but are not limited to:
® Physical impacts such development will have because of the variance, such as visual, noise, traffic
and drainage, erosion and landslide hazards.
® Incremental impacts occurring as a result of the proposed variance.
Findings regarding Section 5.103.12.C.2 The development allowed by the requested variances is not
anticipated to be materially injurious to adjacent properties, either through physical impacts such as visual,
noise, traffic and drainage, erosion and landslide hazards, or through incremental impacts occurring as a
result of the proposed variance. The requested variance does not involve the driving or parking lanes, or
affect the functionality for vehicular traffic.
Section 5.103.12.C.3: Existing physical and natural systems, such as but not limited to traffic, drainage,
dramatic land forms or parks will not be adversely affected because of the variance.
Findings regarding Section 5.103.12.C.3 The development allowed by the requested variances is not
anticipated to affect drainage or other physical or natural systems. There are no dramatic land forms nearby.
Nelson Park, the nearest public park, is approximately 1,100 feet away by road.
Section 5.103.12.C.4: The variance is the minimum deviation necessary to make reasonable economic use of
the property.
Findings regarding Section 5.103.12.C.4 The requested variance does not involve the driving or parking
lanes, or affect the functionality for vehicular traffic.
Section 5.103.12.C.5: The variance does not conflict with the Woodburn Comprehensive Plan.
Findings regarding Section 5.103.12.C.5 Goal H -2 of the Comprehensive Plan is to develop a street system
that will handle projected year 2020 traffic demands in the Woodburn area, and interconnects residential
areas with employment centers, schools, parks, churches, and regional transportation facilities. The property
is zoned Residential Single - Family (RS) and is designated Low Density Residential on the Comprehensive
Plan Map. The proposed use of the property is single- family residential. Abutting properties are zoned
Residential Single - Family (RS) and Medium Density Residential (RM), and are designated Low Density
Residential and Medium Density Residential on the Comprehensive Plan Map. The proposed design
anticipates the future extension of Centennial Drive to provide looped traffic flow.
Exhibit A Page 13 of 14
Conclusions regarding Section 5.103.12.C The property is not "unbuildable by application of the WDO."
The requested variances would not alter existing patterns of traffic or drainage, or other physical or natural
systems, or be materially injurious to adjacent properties. The requested variances do not conflict with the
Woodburn Comprehensive Plan.
Agency Comments
The Public Works Department made the following comments, to be resolved prior to approval of the final
plat:
• Actual Geodetic Elevations are required for all storm and sanitary sewer facilities.
• Public Works needs to obtain the revised storm drainage report for this subdivision.
• Sewer laterals for Lots 8, 9, 11, 12, and 13 are in conflict with the proposed tree locations.
• The PUE is not shown on the preliminary plat sheet — the PUE needs to be shown on this sheet.
• Centennial Drive should be 34" wide throughout the development; the transition to 29' should occur
with the future easterly development.
• Ensure that all proposed homes can be reached per Woodburn Fire District requirements (250').
• Sanitary sewer lateral and water line are too close to each other for Lots 12 and 6.
• Sanitary sewer lateral and water line to Fire Hydrant are too close to each other for Lot 15.
The Building Official made the following comments:
• Because the proposed houses will be built to the setback lines (with no room for error), foundation
surveys will be required as part of the building permit and construction process.
• A 12' front setback with a 10' PUE leaves an inadequate angle of repose to the foundation if a
utility is trenched in at the edge of the PUE. A narrower PUE, limiting excavation to a narrower
area, or requiring deeper foundations in front could resolve this issue.
Exhibit A Page 14 of 14
_Y _IN . .
SUB 2012 -01, VAR 2012 -02, EXCP 2012 -01
The City Council approves cases SUB 2012 -01, VAR 2012 -02, and EXCP 2012 -01, subject to the following
conditions of approval:
1. The property owner shall execute an acceptance of these conditions on a form provided by the City.
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 through G.
4. Lots 4 through 10 and 13 through 15 shall be developed with single -story dwellings, as depicted in
Exhibit "G ".
5. The property owner shall submit a street tree plan that shows the equivalent of at least 41 small, 31
medium, or 20 large street trees (per Section 6.103) and shall identify the species of street tree to be
planted.
6. Two off - street parking spaces per dwelling unit in a garage will be required during the building
permit process, in accordance with Table 3.1.2.
7. The property owner shall enter into a non - remonstrance agreement with the City to participate in
future street improvements to Hardcastle Avenue.
8. The property owner shall resolve the following items with the Public Works Department prior to
approval of the final plat:
• Actual Geodetic Elevations are required for all storm and sanitary sewer facilities.
• Public Works needs to obtain the revised storm drainage report for this subdivision.
• Sewer laterals for Lots 8, 9, 11, 12, and 13 are in conflict with the proposed tree locations.
• The PUE is not shown on the preliminary plat sheet — the PUE needs to be shown on this
sheet.
• Centennial Drive should be 34" wide throughout the development; the transition to 29' should
occur with the future easterly development.
• Ensure that all proposed homes can be reached per Woodburn Fire District requirements
(250').
• Sanitary sewer lateral and water line are too close to each other for Lots 12 and 6.
• Sanitary sewer lateral and water line to Fire Hydrant are too close to each other for Lot 15.
9. Ownership of the "teardrop" remnant at the northeast corner of Hardcastle Avenue and Kalugin
Lane shall be resolved prior to final plat approval.
Exhibit B Page 1 of 1