Agenda - 05/12/2003 WOODBURN CITY COUNCIL
AGENDA
MAY 12, 2003- 7:00 P.M.
CALL TO ORDER AND FLAG SALUTE
ROLL CALL
ANNOUNCEMENTS AND APPOINTMENTS
Announcemepts:
A. City Hall and the Library will be closed May 26, 2003 in observance
of the Memorial Day holiday. The Aquatic Center will be open.
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The May 26, 2003 City Council meeting is moved to May 27, 2003
due to fhe Memorial Day holiday (pending Council action on
agenda item 10K).
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The Woodburn Public Library will be closed on Sundays for the
summer from May 25 through September 7, 2003.
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The Recreation & Parks Board Open House and Workshop on
Settiemier Park will be held on May 13, 2003, at City Hall. The Open
House begins at 6:00 p.m. and the Workshop begins at 7:00 p.m.
The City Budget Hearing and Urban Renewal Budget Hearing will be
held on May 17 at 10 a.m. in the City Hall Council Chambers. The
published notice stated the hearing starts at 9:00 a.m., but it has
been changed to 10:00 a.m.
The Cascade Surge opening ceremonies will be held at Legion Park
on May 17, 2003 at 7:05 p.m.
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The Woodburn Interchange Open House will be held on May 29,
2003 from 5:00 p.m. until 7:30 pom. in the Fellowship Hall of the
Woodburn United Methodist Church at 700 N. Cascade Drive. This is
the first of two planned open houses as part of the public
involvement portion of the I-5 Interchange Environmental
Assessment.
May 12, 2003
Council Agenda Page i
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H. The Skate Park Ribbon Cutting Ceremony will be held on May 31,
2003 at 10:30 a.m.
I. Recycling Old Telephone Directories ............................................................ 1
Appointments~
None.
PROCLAMATIONS/PRESENTATIONS
Proclamationsi:
A. Fibromyalgl!a Awareness Day, May 12, 2003 ..................................................... 2
Presentations:
None.
COMMITTEE R PORTS
A. Chamber of Commerce
B. Woodb~rn Downtown Association
COMMUNICAi'IONS
None.
BUSINESS FROM THE PUBLIC (This allows the public to introduce items
for Council consideration not a/ready' scheduled on the agenda.)
CONSENT AGENDA - Items listed on the consent agenda are considered
routine and may be enacted by one motion. Any' item may' be removed
for discussion at the request of a Council member.
A. Woodburn City Council minutes of April 14, 2003, regular ....................... 3
and executive sessions.
Recommended Action: Approve the Woodburn City Council
minutes.
B. Woodburn Livability Task Force minutes of February 4, 2003 ................. 20
Recommended Action: Receive the Woodburn Livability
Task Force minutes.
C. WoodbUrn Livability Task Force minutes of March 25, 2003 ................... 22
Recommended Action: Receive the Woodburn Livability
Task Force minutes.
May 12, 2003
Council Agenda Page ii
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Woodburn Public Library Board minutes of April 16, 2003 ....................... 24
Recommended Action: Receive the Woodburn Public
Library Board minutes.
WoodbUrn Recreation and Parks Board draft minutes of ........................ 27
April 8, 2003
Recommended Action: Receive the Woodburn Recreation
and Park Board draft minutes.
WoodbUrn Planning Commission minutes of March 27, 2003 ................. 30
Recommended Action: Receive the Woodburn Planning
Commission minutes.
WoodbUrn Planning Commission minutes of April 10, 2003 .................... 39
Recommended Action: Receive the Woodburn Planning
Commislsion minutes.
Woodburn Planning Commission draft minutes of April 24, 2003 ........... 48
Recommended Action: Receive the Woodburn Planning
CommiSsion draft minutes.
Woodburn Public Library Strategic Plan 2002-2006 ................................. 60
Recommended Action: Receive the Woodburn Public
Library Strategic Plan.
Woodburn Public Library Board By-Laws .................................................. 77
Recommended Action: Receive the Woodburn Public
Library by-laws.
Woodburn Public Library Monthly Repod for April 2003 .......................... 80
Recommended Action: Receive the report.
Building Activity for April 2003 ................................................................... 81
Recommended Action: Receive the report.
Planning Activity Tracking Sheet Dated May 1, 2003 .............................. 82
Recommended Action: Receive the report.
Cascade Surge at Legion Park .................................................................. 86
Recommended Action: Receive the report.
Changes in Operations for Salvador's Bakery III ..................................... 88
Recommended Action: No Council action required -
information only.
May 12, 2003 Council Agenda Page iii
10.
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Street Closure and Sound Amplification Permit for Mother's .................. 91
Day EvenT at Warzinski Plaza
Recommended Action: No Council action required -
information only.
TABLED BUSINESS
None.
GENERAL BUSINESS
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Council Bill 2445 - Ordinance vacating a public utility easement ........ 93
within the Joy Village Subdivision.
Recommended Action: Adopt the ordinance.
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CounciliBill 2446 - Ordinance adopting a supplemental budget .......... 97
for fiscal year 2002-2003.
Recommended Action: Receive public comment and adopt
the ordinance.
CounciliBill 2447 - Ordinance establishing a filming permit ................. 104
process~ setting fees; and providing for penalties.
Recommended Action: Adopt the ordinance.
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Council Bill 2448 - Ordinance annexing info the City of ...................... 110
Woodburn 4.69 acres of property located south of Parr Road
and east of Elana Drive; granting a zone change from Marion
County "Urban Transition Farm (URF)" to City of Woodburn
"Public and Semi-public (P/SP)"; approving Conditional Use
Application Case No. 02-08; approving Design Review Application
Case No. 02-19; denying Variance Application Case No. 03-03;
approving Variance Application Case No. 03-04; approving
Variance Application Case No. 03-05; and approving Exception
to Street Right-of-way and Improvements Requirement Application
Case No. 03-03; and attaching certain conditions thereto.
Recommended Action: Adopt the ordinance.
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Council Bill 2449 - Resolution recommending Valley Rolling ............... 174
Corporation as an Oregon Business Development Fund Project.
Recommended Action: Adopt the resolution.
Council Bill 2450 - Resolution authorizing the provision of fire ............. 178
protection water and sanitary sewer services to Food Services
of America, Inc. pending annexation.
Recommended Action: Adopt the resolution.
May 12, 2003 Council Agenda Page iv
11.
12.
13.
14.
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Council Bill 2451 - Resolution entering into an agreement .................. 184
with Marion County for the purpose of participating in the
Oregon Agencies Simplified Information System (OASIS)
and authorizing the Police Chief to sign said agreement.
Recommended Action: Adopt the resolution.
Council ;Bill 2452 - Resolution of intent fo improve a portion of ............ 188
West LinColn Street between Cascade Drive and Leasure
Street, adopt the local improvement district, adopt the
method of assessment, establish a public hearing date and
direct the City Recorder to give notice.
Recommended Action: Adopt the resolution.
Contract Award for resurfacing improvements ..................................... 201
Recomr~ended Action: Award the construction contract
to the lowest responsible bidder, Morse Bros., for resurfacing of
Workmaln Drive, Garfield Avenue and McLaughlin Drive in the
amount of $98,488.50.
Consulting Services Relative to Library Space Utilization Plan ............. 203
and/or Ubrary Remodel/Expansion.
Recommended Action: Approve the selection of Hennebery
Eddy Architects with Buffalo Design to complete a space
utilization plan and/or library remodel/expansion project.
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May 26, 2003 City Council Meeting ........................................................ 204
Recommended Action: Move the May 26, 2003 meeting to
May 27, 2003.
PUBLIC HEARINGS
None.
PUBLIC COMMENT
NEW BUSINESS
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.
Planning Commission's approval of Conditional Use 02-03 ................. 205
Design Review 02-11 and Variance 03-13 (Aquatic Center
Chemical Separation Building).
May 12, 2003 Council Agenda Page v
15.
16.
17.
18.
B. Planning Commission's approval of Design Review 02-12 ................... 207
and denial of Variance 03-01 (Coastal Farm Supply).
C. Planning Commission's approval of Conditional Use 02-05 ................. 209
Design Review 02-16, Variance 03-06 and denial of Variance
03-07 (City Water Treatment Plant, 1084 Country Club).
Planning Commission's approval of Conditional Use 02-06 ................. 211
D.
Design Review 02-17, Variance 03-09 and Variance 03-10
(City Treatment Plant, 2225 National Way).
E. Planning Commission's approval of Design Review 02-14 ................... 213
VarianCe 03-08, Zoning Adjustment 02-03 and Exception
to Right, of-Way 03-02 (west side of Carol Street).
CITY ADMINISTRATOR'S REPORT
MAYOR AND COUNCIL REPORTS
EXECUTIVE SESSION
A. To conduct deliberations with persons designated by the governing
body to carry on labor negotiations pursuant to ORS 192.660 (1) (d).
B. To consider records that are exempt by law from public inspection
pursuant to ORS 192.660 (1)(f).
ADJOURNMENT
May 12, 2003 Council Agenda Page vi
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Use Your Curbside Recycling Container
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Salem
Clayton-Ward Recycling · 35oo Mainline Dr. NE
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Marion Recycling Center · 3680 Brooklake Rd. NE
Gaden Services Recycling Center · 3334 Industrial Way NE
Pacific Sanitation Recycling Depot · 3475 Blossom Dr. NE
Suburban Garbage Recycling Depot · 6075 State st.
For more information, contact Marion County Solid Waste Management at 503.588.5169 and press O, or visit www. mrtrashrecycles.com
Dallas Disposal Recycling Depot
1030 W. Ellendale, Dallas
Brandt's Sanitary Service
158 S. Pacific Ave., Monmouth
For more information, contact your solid waste provider or local paper recycler
The best time to recycle is when you receive your new one]
For questions regarding the recycling of
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call 503.566.2260 then press BOOK (2665)
QwestDex
1
PROCLAMATION 4A
I~IBROMYALGIA AWARENESS DAY
MAY 12, 2003
WHEI~: AN ESTLMATED 10 MILLION PEOPLE IN THE UNITED STATES - 6-8% OF THE
POPULATION OF OUR COUNTRY AND MILLIONS OF PEOPLE WORLDWIDE - HAVE BEEN
DIAGNOSED WITH FIBROMYALGIA~ A DISEASE FOR WHICH THERE IS NO KNOWN CAUSE OR
CURE; AND
WHEREAS, FIBROMYALGIA IS A CHRONIC ILLNESS - INCREASING AT EPIDEMIC RATES -
WHICH CAUSES FATIGUE AND DEBILITATING PAIN IN WOMEN: MEN~ AND CHILDREN OF ALL
AGES AND RACESj AND
WH~REAS~ PATIENTS WITH THIS ILLNESS OFTEN H~VE TO LEARN TO LIVE WITH
WIDESPREAD PAIN THROUGHOUT THEIR BODIES; EXTREME FATIGUE; SLEEP DISORDERS;
STIFFNESS AND V~rEAK~ESS; MIGRAINE HEADACHES; NUMBNESS AND TINGLING~ IMPAIRMENT
OF MEMORY AND CONCENTRATION; AND
WH~REAS~ IT OFTEN TAKES AN AVERAGE OF FIVE YEARS TO RECEIVE A DIAGNOSIS OF
FIBROMYALGIA AND MEDICAL PROFESSIONALS FREQUENTLY A_RE INADEQUATELY EDUCATED
ON I~M DIAGNOSIS ~ TREATMENT; AND
WHER~A.S~ IT IS NECESSARY THAT WE RECOGNIZE THE MEDICAL RESEARCH
DEMONSTRATING BIOCHEMICAL ABNOKMAL1TIES IN PEOPLE WITH FIBROMYALGIA; AND
Vt/HE~, THE NATIONAL FIBROMYALGIA ASSOCIATION AND OTHER ]~IBROMYALGIA
SUPPORT ORGANIZATIONS AROUND OUR COUNTRY HAVE JOINED TOGETHER TO PROMOTE FM
AWARENESS AND SUPPORT - INCLUDING IMPROVED EDUCATION: DIAGNOSIS~ RESEARCH: AND
WI-~R~8~S~ UNDERSTANDING THIS ILLNESS WILL HELP GUARANTEE HOPE FOR A BETTER
FUTURE FOR PEOPLE WITH FIBROMYALGIA;
NOW, THEREFORE, I, KATHRYN FIGLEY, MAYOR OF THE CITY OF
WOODBUKN: DO HEREBY RECOGNIZE THE NEEDS OF THESE CHRONICALLY ILL PEOPLE AND
PROCLAIM MAY 12, 2003 AS FIBROMYALGIA AWARENESS DAY IN WOODBUKN AND URGE ALL
OF OUR CITIZENS TO SUPPORT A CURE AND ASSIST THOSE INDMDUALS AND FAMILIES WHO
DEAL WITH THIS DEVASTATING DISEASE ON A DAILY BASIS.
~ WITNESS....WHEREOF, I HAVE HEREUNTO SET MY HAND AND CAUSED THE SEAL
O_~E CITY OF WOOD, URN TO BE AFFIXED THIS 7TM DAY OF MAY 2oo3.
2
8A
COUNCIL MEETING MINUTES
APRIL 14, 2003
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF IV[ARION, STATE OF OREGON, APRIL 14, 2003.
CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding.
0010 ROLL CALL.
Mayor Figley Present
Council or Bj el land Present
Councilor Cox Present
Councilor McCallum Present
Councilor Nichols Absent
Councilor Sifuentez Present
Councilor Veliz Present
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director
Tiwari, Public WOrks Manager Rohman, Community Development Director Mulder,
Police Chief RusSell, Park & Recreation Director Westrick, Senior Planner Zwerdling,
Senior Engineering Tech. Scott, Aquatics Manager Newport, City Recorder Tennant
Mayor Figley stated that Councilor Nichols was not in attendance due to an illness.
0062
ANNOUNCEMENTS.
A) Woodbum Tulip Festival Parade will be held on Saturday, April 19, 2003, 10:00 a.m.
in downtown Woodburn. Judging of entries will begin at 9:00 a.m..
B) The Library will be closed on Sunday, April 20, 2003, in observance of the Easter
holiday.
C) Cesar Chavez Day Celebration will be held at Woodburn High School on April 23rd
from 5:00 pm to 8:00 pm.
D) Annual Spring Clean-up will be held on April 26th from 8:30 am to 11:00 am..
Volunteers are asked to report to the Woodburn High School front entrance parking lot
for clean-up assignments.
0135
PROCLAMATION: DONATE LIFE MONTH, APRIL 2003.
Mayor Figley proclaimed the month of April 2003 as Donate Life Month in support of
this lifesaving program and urged citizens to carry a donor card or driver's license that
authorizes organ and tissue donation.
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PROCLAMATION: VOLUNTEER WEEK, APRIL 27 - MAY 3, 2003.
Mayor Figley prOclaimed April 27 - May 3, 2003 as Volunteer Week within the City
recognizing individuals who have given their time, energy, and talents to help others.
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COUNCIL MEETING MINUTES
APRIL 14, 2003
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PROCLAMATION: CINCO de MAYO, MAY 5, 2003.
Mayor Figley proclaimed May 5, 2003 as Cinco de Mayo Day in Woodburn in
celebration of the cultural and linguistic diversity that the Hispanic heritage brings to the
United States and our community.
0378 PRESENTATION: OREGON YOUTH AUTHORITY PRESENTATION OF
FUNDS TO THE OREGON FOOD BANK.
Gary Lawhead, SiAperintendent of MacLaren's Correctional Facility, stated that February
is Oregon Food Drive month and the MacLaren staff, youth, and parents of some youth
participated in thiis year's food drive. As a result, they were able to raise slightly over
$2,200 which relates to approximately 26,000 lbs of food, all of which is being donated to
the AWARE Food Bank.
Nancy Stone, AWARE Food Bank Director, stated that the Governor's Food Drive has
been an on-going program in which government employees have been donating cash or
food items to the needy. This year, the food bank has experienced an increase in the
number of families due to a higher number of unemployed individuals. Last month, the
food bank assisted 596 families totaling over 3,000 individuals. She thanked the
community for this on-going effort and Councilor Sifuentez for her coordinating this
event at MacLaren.
Gary Lawhead also thanked Councilor Sifuentez who is MacLaren's Volunteer
Coordinator and Food Drive Campaign Chairman.
Councilor Sifuentez also expressed her appreciation to City staff and other citizens in
Woodbum who contributed to this worthy cause.
0577 PRESENTATION: STATUS REPORT ON OREGON CRIMINAL JUSTICE
SYSTEM.
Police Chief Russell stated that the City has been challenged by actions taken by other
agencies on criminal justice issues within Oregon and this presentation is focused on how
those actions are affecting our community and how our Police Dept. is trying to deal with
the issues. As part of his slide presentation, he reviewed a flow chart that outlined how
an arrest by a police officer moves through the criminal justice system whether it be an
adult or juvenile. Our local Police function and state level jail functions are in fairly good
shape but our department is operating under constraints due to rest of the system. Staff
reductions in the Marion County District Attorney's office have eliminated first offense
prosecutions for non-violent misdemeanors and drug possession cases and, with State
Supreme Court mandates, will eliminate more cases due to budget constraints. The
Oregon State Crime lab has added back 40 lab technicians but their backlog of cases has
expanded with their reduction in force. The Law Enforcement Data System (LEDS) is
under Oregon State Police and that department has not been reporting crime statistical
Page 2 - Council Meeting Minutes, April 14, 2003
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APRIL 14, 2003
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information to the FBI due to staff reductions. He stated that LEDS reporting to the FBI
allows the City to apply for and receive federal grant funds. The FBI has stated that they
will continue to look at those grants as they are addressed by last year's crime statistics
bul it is unknown as to how they will continue to look at that information. The City may
need to send our statistics directly to the federal government depending upon what the
state decides to do on this reporting. It was also noted that the State Trooper force has
been reduced and it takes longer for a trooper to respond to calls in our area. Chief
Russell stated that the State Court system is one area that presents a major problem to the
City. The main issue is that the courts are not hearing any non-violent misdemeanors
until the next fiscal year and arrests now being made are not even scheduled for an
arraignment until after July and as late as September 2003. Any indigent defense case
will not be held until after July 2003 unless the case is a residential burglary or
aggravated theft involving $10,000 or more. At the Marion County jail, the budget is tied
to the state budget. They are currently at maximum capacity on most days and the ability
to get a person in the jail is slim. Individuals arrested but not scheduled for an
arraignment date in a short period of time cannot be held at the jail until the arraignment
date. County budget problems will potentially call for the elimination of 8
probation/parole officers. The Juvenile Department is facing similar cutbacks, however,
Peer Court is still an option for those juveniles who qualify. It was also noted that the
Oregon Youth Authority is closing most of their facilities except for MacLaren which
will house only the most serious juvenile offenders. The Oregon Dept. of Corrections
will house only the most serious felony offenders and all increases in facilities have
stopped due to budget constraints. In the Mental Health area, there has been a reduction
of local beds for emergency commitments. They have approximately 90 days of
prescriptions left to be distributed and there are no doctors available to give an individual
assistance in what the individual should do other than to take the prescription. In
summary, difficult economic times coupled with increasing crime trends, a lack of
sa,action for offenders beyond arrest, and the creation of repeat offenders creates public
and officer frustration. The Police Department has established certain strategies to deal
with the situation which include (1) targeted enforcement such as vehicle theft and
graffiti; (2) increasing community policing, alternative problem solving, and crime
prevention efforts; (3) increased police presence in problem areas; (4) set a goal of
identifying resources to staff a Neighborhood Response Team; and 5) solve problems not
just crime symptoms. During this crisis period, our community needs to improve our
ability to resolve local crime issues locally, and work with the State and County to have
the ability to impose adequate sanctions for offenders to support those efforts. He
reiterated that the department's mission statement is to Serve and Protect citizens and
property, and to establish partnerships with citizens to create a safe and secure
community. He assured the public that the Police Department will work hard to solve the
challenges that are before our community, committed to seeing Woodbum succeed,
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1860
slrive to complete tile Department's mission, and solve the problems rather than chase the
symptoms.
Mayor Figley expressed her appreciation lo the Chief for providing the information even
though it is very depressing news regarding tile condition of our Slate Courts, State
Police, and various other aspects of law enforcement.
Chief Russell urged the public to continue to report crimes so that the department can
identify specific Problem areas within our community and the department can then work
to solve the problem in that neighborhood. There may still be some sanctions for those
individuals who have had multiple arrests and the department will work with the District
Attorney's office on those cases. It was also noted that the Governor will not be seeking
any income tax increases and he has stated that he will try to live within the budget which
may result in an across the board 16% decrease in the public safety budgets. However,
the Department of Corrections has bonded indebtedness that must be paid for on prisons
built thereby making the rest of the public safety areas to make up about a 40% share of
the reductions. The Police Department staff is trying to develop plans and ways to deal
with the issues locally for at least the next two years.
2106 PRESENTATION: CIPRIANO FERREL EDUCATION CENTER STATUS
REPORT.
Roberto France, Farmworker Housing Development Corp. Executive Director (FHDC),
provided the Council with a progress report on the Cipriano Fen'el Education Center
construction project. He stated that construction began around December 15, 2002 and
some delay has been experienced due to adverse weather conditions. The contractor has
asked for a two week extension on the contract in order to make up the time lost due to
the weather. He stated that the construction project is within budget and completion date
will be around June 30, 2003. The grand opening date will be October 5, 2003 rather
than during the summer months. It is hoped that some projects within the facility will be
completed by the grand opening date one of which is an art mural project. He stated that
they have been working with the Woodbum High School art classes (metal shop, painting
shop, and ceramic class) in making tiles for the center.
He also mentioned to the Council that FHDC, in partnership with SAFECO Corp., will be
bringing a theater company (Living Voices) from Seattle, WA, to depict the life and work
ofCesar Chavez. The evening performance will be held in the Woodburn High School
lectorium on April 22, 2003 and there is no charge to attend this performance.
Mr. France expressed his appreciation to the Council and City staff in assisting FHDC in
getting the education center built in our community. Sufficient funds have been secured
to build, equip, aznd furnish the center. FDHC is waiting for one more donation but if it is
not obtained it will not affect the project.
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2547
CHAMBER OF COMMERCE REPORT.
Doug Hess, representing the Chamber, provided in£onnation on upcoming Chamber
events:
1 ) On April 16'h, Chamber Forum lunch will be held at Tukwila Center roi' Heallh
and Medicine from 12:00 noon to 1:15 p.m.. Feature speakers will educate
Chamber members on the Cascade Railway, Woodbum Historical Museum, and
the Settlemier House.
2) On April 24th, Business after Hours will be held from 4:30 pm to 6:00 pm hosted
by A & D Chiropractic and Naturopathic on Pacific Hwy. in Hubbard.
3) On April 19'h, the Tulip Festival parade will begin at 10:00 am with Grand
Marshals being Charlie and Becky Piper. Additional events to be held in
downtown Woodburn on that day are a Downtown Fair at Warzynski Plaza, the
Ballet Folklorico Infantil, a children's Easter egg hunt, crafts at the Library, The
Mime: Omar Vargas, and a Teen Fashion Show designed and produced by
Antonio Acevedo. An Easter egg hunt for adults will also be held at Al's Garden
Center and the Woodburn Tulip Festival Drag Races will be held at the Woodbum
Drags.
Councilor McCallum congratulated Mr. Hess on the recent opening of his restaurant at
Woodburn Crossing.
2702
WOODBURN DOWNTOWN ASSOCIATION REPORT.
Bruce Thomas, representing WDA, stated that they would be participating in the Tulip
Festival parade. After the parade, there will be some activities and food booths at
Warzynski Plaza for the public to enjoy. He stated that WDA has had contacts with the
businesses in the downtown area to make them aware of the Tulip Festival activities and
encourage their participation. The WDA will be helping at the annual Spring Clean-up
and they will continue to work with the businesses on this issue. In regards to their
membership, the WDA has completed a database of members with e-mail addresses and
agendas will be sent out before the meetings with minutes to be sent out after the
meetings. The WDA is also developing a web-page with a calendar of events and the
minutes so that the public can read tl~e facts as to what the WDA is doing in the
community. The number 1 goal of WDA is to connect the downtown business owners
with the WDA and with the Chamber of Commerce. The next WDA meeting will be
held on April 16th, 7:30 a.m., at Lupita's on Front Street.
2950
CONSENT AGENDA.
A) approve the Council minutes of March 24, 2003;
B) accept the Livability Task Force minutes of February 4, 2003;
C) accept the Planning Commission minutes of March 13, 2003;
D) accept the Community Center Committee minutes of April 7, 2003;
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E) receive the Building Activity Report for March 2003;
F) receive the Planning Activity Tracking Sheet dated April 2. 2003;
G) reccive the Library Monthly report for March 2003;
H) receive the POlice Department Activities report for January 2003;
!) receive the infon'nation on 911 Town Hall Consolidation meeting; and
H) receive the claims for March 2003.
Councilor McCallum thanked the Police Department for the format change made on the
Police DepartmenI Activities report.
COX/SIFUENTEZ... approve the Consent Agenda as presented. The motion passed
unanimously.
3087 PUBLIC HEARING: VACATION OF PUBLIC EASEMENT WITHIN THE JOY
3612
VILLAGE SUBDIVISION.
Mayor Figley declared the public hearing open at 7:50 p.m..
Public Works Director Tiwari stated that the legal notices of this hearing have been
published and surrounding property owners notified. To date, no objections on the
proposed vacation have been received by the City. He stated that the easement is located
east of Boones Ferry Road and was originally planned as an extension of Country Club
Road to Miller Farm Road in Tukwila. Plans have since changed and there will not be an
extension of Country Club Road. A new subdivision was plotted in the affected area and
the vacation process is required to vacate the easement. The City has no interest in
keeping the easement since the utilities have been shifted and the public interest will not
be prejudiced by the vacation.
No one in the audience spoke either for or against the proposed vacation of the public
easement.
The public hearing closed at 7:55 p.m..
Mayor Figley requested that the ordinance incorporate findings of fact are clear in stating
that the public easement is no longer at that location.
BJELLAND/COX .... staff be instructed to prepare an ordinance vacating the utility
easement. The motion passed unanimously.
PUBLIC HEARING: ANNEXATION 01-04, ZONE CHANGE 01-03,
CONDITIONAL USE 02-08, DESIGN REVIEW 02-19, VARIANCE 03-03,
VARIANCE 03-04, VARIANCE 03-05, AND EXCEPTION TO STREET RIGHT
OF WAY AND IMPROVEMENTS REQUIREMENT 03-03.
Mayor Figley declared the public hearing open at 7:56 p.m..
The Mayor stated that she walks by the affected property at least two or three times each
week and she is quite familiar with the property. Her familiarity with the property will
probably not have an affect on any decision she may make but if it does she will declare a
conflict of interest.
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Councilor McCallum also stated that he is familiar with the property and its close
proximity to the school.
Recorder Tennant read the land use statement required by ORS Chapter 197.
Senior Planner ZWerdlmg stated that the applicant and property owner is the City of
Woodburn and the subject site is a 4.69 acre parcel of land located at 828 Parr Road. It
was noted that Centennial Park lies to the west and south of the subject property and the
middle and elementary schools are located to the east of the subject property. The
property to the north is vacant land and is outside of the city limits. The applicant is
requesting that the parcel of land be annexed into the City so that a zone change can be
made from Urban Transition Farm (UTF) to Public and Semi-Public (P/SP) zone.
Annexation of the property will allow' for the construction of a water treatment facility
which is part of the implementation of the capital improvement as specified in the City's
Water Treatment Master Plan. The applicant is proposing a 3,800 sq. foot treatment
plant, 80,000 gallon backwash tank, 2.7 million gallon storage reservoir, and a 400 sq.
foot well house. The City requested three variances one of which would allow for a
barbed wire fence, another variance would allow for the storage reservoir to be 52 feet in
height whereas 35 feet is the maximum under the P/SP zone, and the third variance would
allow a for a 12 foot rear yard setback when the P/SP zone calls for a minimum 35 foot
rear yard setback. The City also requested an exception to the street right of way and
modification of the street cross section for Parr Road which abuts the north side of the
site. On April 10, 2003, the Planning Commission approved a final order recommending
approval of Annexation 01-04, Zone Change 01-03, Conditional Use 02-08, Design
Review 02-19, Variance 03-04, Variance 03-05, and Exception 03-03. The Planning
Commission denied Variance 03-03 which is for a barbed wire fence.
Mayor Figley questioned if there would be any landscaping that would conceal the height
of the storage reservoir.
Randy Rohman, Public Works Manager, requested Council reconsideration of the
Commission's denial of Variance 03-03. He stated that the fence would be a 6 foot chain
link fence with 3 strands of barbed wire on an outrigger arm which is a fairly standard
type of security fence. After the events of September 11, 2001, there has been increased
emphasis in EPA and the federal government on security of facilities from potential
terrorism acts. The City is required to complete a vulnerability assessment of the City's
water system by June 2004 addressing these security issues. In designing the plant, the
City's security consultants prefer that the plant and storage facility be surrounded by a
minimum ora 6 foot chain link fence with the 3 strands of barbed wire with the outrigger
arms. The chain link fence offers enhanced visibility and the fence, in conjunction with
the barbed wire, offers an initial area of deterrence for entry. There will be additional
security systems in the interior of the plant for access monitoring. Chain link fence
already surrounds the facility however it does not have the barbed wire on the top portion
of the fence. He requested that the Council consider modifying the conditions of
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6099
approval to allow acceptance of Variance 03-03 which would then allow the installation
of the 6 foot chain link fence with the 3 strands of barbed wire on top. In response to the
Mayor's concern on lhe heigh! of thc reservoir, he slaled that staff looked at an
cconomical balance between diameter and height of tim tank and the 52 foot height will
be Fairly imposing but will not be too much out of balance if you look at the height of the
sclnool buildings. Staff'will be looking for an appropriate color to paint the tank that
would blend as much as possible with the surrounding area. Trees will be planted around
the site to eventually obscure the site. The reservoir will be placed at the rear of the
property to lessen !he impact from the roadway. Additionally, the property to the north of
Parr Road is zoned for residential use and placing it to the rear of the property would also
lessen the impact from the future residential area. It was also noted that the Parr Road
site is the major treatment facility of the 3 facilities to be built which is why it is a larger
storage reservoir. For height comparison, the existing elevated storage tank is
approximately 135 feet in height.
Mayor Figtey stated that she was skeptical of a deterrent effect other than for person(s)
just wanting to get into the facility to do graffiti vandalism or something similar in nature.
She was also glad that other security issues were being addressed that are far more
dangerous relating to tampering with our water supply.
Randy Rohman stated that a 6 foot fence can be scaled by most individuals and having
the barbed wire will make it a more difficult task for an unskilled intruder to enter and
vandalize the area. It was also noted that the security consultants preferred an 8 foot high
chain link fence but staff felt that the 6 foot fence would blend in the area. Other security
measures include access type of controls, motion type of detection, and security at the
tank ladders and at the entry points to the tank itself.
Preston Tack, 2197 Camellia Way, stated that, as a member of the Water Master Plan
Committee, he was concerned from the beginning as to the safety and integrity ora plant
of this kind. It is a vital facility and the City needs to take every means possible to insure
that no one can get into the facility to damage it. The fence is only one item but it is a
significant item and he urged that the fence be restored to the original plan.
No one in the audience spoke in opposition to the application.
Councilor Veliz questioned the placement of the fence.
Randy Rohman stated that the fence would be located approximately 8 feet away from tine
well house and will parallel Parr Road but it will not go all of the way out to the right of
way line since there will be a section of trees between the fence and right of way.
Mayor Figley declared tine public hearing closed at 8:25 p.m..
Councilor Cox stated that he felt that this was a necessary and well thought out project,
however, he concurred with the Planning Commission's decision to deny the variance for
the barbed wire fence. In his opinion, barbed wire is not attractive and the fence will be
in the vicinity of the school and next to the park. A serious terrorist or vandal will not be
deterred by the barbed wire and the other security measures must be relied upon to alert
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0660
staff of tlne intrusior~. He did not see any significant advantage to the barbed wire but felt
thcre was a lot ofemotional and aestlnetic disadvantage to tine barbed wire. He foil that
tile location of tile reservoir was appropriate and was not concerned aboul tine height Ol-
size of the tank.
Councilor Sifltentez stated that the MacLaren School fence is of a different texture at the
top and she questioned if the City looked into tlnat type of fence.
Randy Rohman stated that it was considered but the type of fence used at MacLaren is
very large and a more imposing structure since it has to be very high. Staff felt that the 6
foot chain link re*ce with barbed wire was less intrusive.
Councilor Bjellaad expressed his opinion that the barbed wire fence will not stop an
individual from getting into the area who is determined to do serious harm to the facility.
He felt that the purpose of the barbed wire fence is to stop the casual person who wants to
go into the facility to paint graffiti. He felt that a barbed wire fence would be feasible
later if the City feels that it becomes a significant problem which needs to be addressed.
Councilor McCallum stated that the treatment facility is a different complex from a park
and the Planning Commission has done an excellent job in looking at livability and
aesthetic qualities. The staff is also an advocate of livability but they agree with the
consultants recommendation to install the fence with barbed wire. In his opinion, the
Council should be following the staff's security recommendation and, even though it may
not be needed now, it may be needed in the future. He felt that the City should do
everything possible to secure facilities whether it be water, electricity, or wells.
Councilor Veliz expressed concern with having a barbed wire fence next to a park,
school, or residential area. He reiterated that persons intent on getting into the facility
will use any mechanism they can in order to get through the fence. If there is a problem
that needs to be addressed in the future, he would be willing to look at other options to
make the area more secure.
Mayor Figley reiterated that she could not support installing a fencing system that she did
not feel would be a real deterrent to individuals intent on illegally entering the premises.
COX/BJELLAND... approve in principle the decision made by the Planning
Commission in all respects including the treatment of Variance 03-03 which is a denial,
and approve the remaining applications, and instruct staff to come back with an
appropriate ordinance with findings to support that decision at the next meeting. The
motion passed unanimously.
0679 COUNCIL BILL 2440 - ORDINANCE TEMPORARILY CLOSING A PORTION
OF NORTH FIRST STREET BETWEEN ARTHUR STREET AND GARFIELD
STREET FOR OPERATION OF SATURDAY MARKET.
Council Bill 2440 was introduced by Councilor Sifuentez. The two readings of the bill
were read by title only since there were no objections from the Council.
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Councilor Veliz stated that one local business has a storage area on First Street near
Arthur Street and lhey need to have access to the storage area on Saturdays.
Chief Russell stated that the pass-through bclxvcen Arthur Street and Montgomery Street
will be clear so traffic will be able to flow east/west. The Downtown Association stated
that they had talked to business owners in this area and the owners did not have a problem
with the proposed street closure as long as Arthur Street and Montgomery Street were
kept open.
On roll call vote fbr final passage, the bill passed unanimously. Mayor Figley declared
Council Bill 2440 duly passed with the emergency clause.
0854
COUNCIL BILL 2441 - ORDINANCE AMENDING ORDINANCE NO. 2325 (THE
MASTER FEE ~CHEDULE FOR 2002-2003) TO REVISE OR REMOVE
EXISTING FEE~ AND ADD NEW FEES FOR AQUATIC CENTER.
Council Bill 2441 was introduced by Councilor Sifuentez. Recorder Tennant read the
two readings of the bill by title only.
Director Westrick stated that staff had reviewed the current Aquatic Center fees and
charges and presented a new recreation fee package to the Park Board in February 2003.
In March 2003, the Park Board approved a recommendation to the Council of a new fee
schedule. Normally, fee revisions are reviewed by the Council in October, however, last
fall the City was in the process of hiring a new Aquatics Manager and it was decided to
wait until a Manager was hired who could then look at the current schedule of fees and
make recommendations on a fee structure. He stated that the new fee structure is
intended to:
1) develop a formula that drives the way the City fees for daily admissions and multiple
admission pass program;
2) provide market pricing in the mid-range; and
3) improve cost recovery and move toward the 50% recovery goal.
Director Westrick stated that to obtain the 50% recovery, there will be a need to make
some operational changes to accomplish this goal. Staff will be monitoring fees and
attendance in an effort to maximize recovery and yet not eliminating people from the use
of the pool.
Steve Newport, Aquatics Manager, reviewed the recommended revisions to the fee
schedule. In daily admission fees, a new category of Youth (ages 13 -17) is
recommended. In Aqua Aerobics, currently the City only charges the daily admission fcc
but surrounding facilities charge an additional fee for that program. Punch card discounts
would be lowered in that current practice is to have a 10 visit punch card whereby a
patron pays for 9 visits and the 10'h visit is free. He is proposing that the I 0 visit card be
eliminated and replaced by a 20 visit card whereby a patron pays for 19 visits and the 20'1'
visit is free. In regards to yearly membership fees, he is proposing a change in the
formula based on visits to the facility. The calculation of the family membership fee is
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based on the number of family members to receive a membership card. He also proposed
an armual pass with a monthly billing to make it more affordable during the year rather
than paying up-front. The monthly billing would involve a contract with lhe patron and
include an administrative fee for servicing the account. The 3-month pass will also bc
increased using a similar formula method. Lastly, swim lessons, lifeguard training, and
pool rentals will also be increased to recover most of the costs incurred in providing thcsc
classes and facility rental.
Councilor McCall~m expressed his concern that the youth are hit the hardest in the new
category and it is important that staff carefully watch the situation so that this group does
not get left out due to the price increase. Over the years, the City has tried to provide
activities for the youth and, even though everyone needs to pay, this group seems to get
hit the hardest with the restructuring. He understood that cost recovery needs to be
considered but hedid not want to exclude these individuals from use of the facility due to
the admission cost.
Aquatic Manager Newport stated that his reasoning for raising the youth prices was that
they are harder to manage and it requires more manpower to monitor the pool during
open swim. Currently, the usage numbers for each group have not been kept by staff.
Councilor Cox stated that he agreed with Councilor McCallum but felt that the revenue
figures versus operational costs show that the City needs to do the best they can to
reasonably recover as much as the City can without causing too much of a hardship on
any of the user groups and maintaining pool utilization. He felt that this is an opportunity
to try and increase the revenue and if numbers are down then look at revisions this fall
when the Master Fee Schedule is updated.
On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared
Council Bill 2441 duly passed with the emergency clause.
2206 COUNCIL BILL 2442 - RESOLUTION AUTHORIZING TEMPORARY
INCREASE IN THE POLICE DEPARTMENT POLICE OFFICER STAFFING
2280
LEVEL FOR TItE PERIOD OF APRIL 15, 2003 THROUGH MAY 31, 2003.
Councilor Sifuentez introduced Council Bill 2442. 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 2442 duly passed.
COUNCIL BILL 2443 - RESOLUTION ENTERING INTO AN BLANKET
PURCHASE AGREEMENT WITH SALEM AREA TRANSIT DISTRICT TO
PROVIDE NON-EMERGENCY MEDICAL TRANSPORTATION FOR
Page I
MEDICAID AND OREGON HEALTH PLAN RECIPIENTS.
Council Bill 2443 was introduced by Councilor Sifuentez. The bill was read 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 2443 duly passed
I - Council Meeting Minutes, April 14, 2003
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2349 COUNCIL BILI~ 2444 - RESOLUTION COMMITTING MATCHING FUNDS,
2475
ENSURING FISCAL OVERSIGHT, AND IDENTIFYING THE SIGNATURE
AUTHORITY FOR THE WOODBURN HERITAGE CENTER EXTERIOR AND
FACADE IMPROVEMENTS PROJECT.
Councilor $ifi~entez introduced Council Bill 2444. The bill was read by title only since
there were no objections fi'om the Council.
Councilor Bjelland questioned if the City had received any updated verification on the
status of the grant request.
Administrator Brown stated that staff had called the State agency that administers the
grant last week and was told that there was a reservation given and it is the State's intent
to honor the reservation. Staff is proceeding as if the City will receive the money,
however, if the State decides not to award the funds staffwill notify the Council.
On roll call vote, the bill passed unanimously. Mayor Figley declared Council Bill 2444
duly passed.
ENGINEERINGiREPORT: WEST LINCOLN STREET IMPROVEMENT.
Public Works Director Tiwari stated that this project is on the Capital Improvement
Project list and the engineering report is the next step in the local improvement district
process. The proposed improvement would pave the gravel road surface to the standard
local residential street width of 34 feet (approximately 1,100 feet in length), provide on-
street parking and sidewalks on both sides of the street, curbs, drainage, and lighting
improvements. The project is located on West Lincoln Street beginning just west of
Kotka Street and extending west to meet the improved street portion near Cascade Street.
The City has replaced the sub-standard storm drain and water lines. The estimated cost
for this project is $194,500 with the cost distribution being a $40,000 cost share from the
City, and a local improvement district assessment of $154,500. He stated that the
distribution of costs to properties within the local improvement district were calculated
based on a combination of lineal front footage (50%), area per acre (50%), and, if
applicable, a $500 driveway approach cost. It was also noted that properties within the
district that currently have another means of access to an improved public street would
receive a 50% reduction in the area cost distribution. The maximum assessment to
benefitted properties will be the amount as proposed in the engineering report and any
additional costs for this project would be paid for by the City. Some of the benefitted
properties are in the development application process and, as part of the Planning
Commission's approval, there will be condition that either the developer would sign a
non-remonstrance agreement which would be recorded at the County or the developer
could pay their share of the estimated assessment in cash. It was also noted that work
done in that area to date would not be assessed against the benefitted properties. Property
owners will be able to finance their share of the assessment over a ten-year period at an
estimated interest rate of 6.5%. Interim construction financing will be accomplished
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through interfimd borrowing of city flmds. Staff recommended that tile Council approve
the engineering repo~1 as presented and direct staff to prepare a resolution of intent to
improve tile street.
Councilor Cox questioned iflhe Council could change the formula for the assessment
distribution before the ordinance is passed to authorize the improvement once the
engineering report is approved.
Director Tiwari stated that the engineering report outlines staff's recommendation and the
resolution of intent will set a public hearing date. During the hearing, Council will
receive input from the affected property owners and, at that time, the Council can modify
tile formula which would result in a change of the assessments. The next step would then
be passage of an ordinance to authorize the improvement which also establishes the
assessment for each benefitted property.
COX/MCCALLUM... approve and accept the engineering report as presented and direct
staff to prepare a resolution of intent. The motion passed unanimously.
3810 BID NO. 23-10: HERITAGE PARK ACCESS RAMP CONTRACT AWARD.
Bids for an ADA compliant access ramp at Heritage Park were received from the
following contractors: Pacific Land Construction, $21,659.00; Axis Curb, Inc.,
$24,463.00; Parker NW Paving, $28,332.50; Westview Builders, $30,093.00; and ACS,
Inc., $39,744.00. The Engineer's estimate for this project was $!9,500.
BJELLAND/SIFUENTEZ... award the contract for Heritage Park access ramp to the
apparent low bidder, Pacific Land Construction, in the amount of $21,659.00. The
motion passed unanimously.
3850
BID NO. 23-12: SELF-PROPELLED EASEMENT CLEANER.
Bids for an easement cleaner were submitted by the following vendors: Municipal Supply
Company, $20,077.00; EnviroClean, $23,123.00; and Ben-Ko-Matic, $24,374.00.
BJELLAND/SIFUENTEZ .... award City of Woodburn Bid Number 23-12 for a self-
propelled easement cleaner to Municipal Supply Company for $20,077.00. The motion
passed unanimously.
3907
LIQUOR LICENSE APPLICATION: DENNY'S AT WOODBURN.
A change ofownership liquor license application was submitted by Denny's at
Woodburn, LLC.
BJELLAND/SIFUENTEZ... approve a Limited On-Premise Sales liquor license for
Denny's at Woodbum, LLC, 2919 Newberg Highway. The motion passed unanimously.
3963
CANCELLATION OF APRIL 28, 2003 COUNCIL MEETING.
Mayor Figley stated that she would be on vacation and Councilor Sifuentez would be out
of town on April 28~, therefore, she suggested that the meeting be cancelled.
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MCCALLUM/COX... cancel the City Council meeting of April 28, 2003. The motion
passed unanimously.
4030 PLANNING COMMISSION OR ADMINISTRATIVE [,AND USE ACTIONS.
A) Planning Commission's approval of Conditional Use 02-04, Design Reviexv 02-15,
and Variance 03-03 (515 S. Settlemier Avenue).
The Planning Commission approved an application submitted by the City of Woodbum
on a conditional use and design review for a proposed 400 square foot well house and a
variance to street ~tandards.
No action was taken by the Council on this decision.
B) Planning Commision's Action on Conditional Use 02-07, Design Review 02-18,
and Variance 03-02 (202 Young Street).
The Planning Commission approved an application submitted by the City of Woodburn
on a conditional use and design review for a proposed 3,730 square foot water system
control center to be located at 202 Young Street. Variance 03-02 involved street right of
way and street improvement requirements to Young Street (Variance A), "A" Street
(Variance B), "B" Street (Variance C), and Broadway Street (Variance D). The
Commission approved Variances A, B, and C, and denied the full street improvement on
Variance D.
No action was taken by the Council on this decision.
4100
CITY ADMINISTRATOR'S REPORT.
A) Administrator Brown reminded the Council that a budget workshop will be held on
April 15'h at 7:00 p.m..
B) The next quarterly City newsletter will be going out to the public next week and, in
his opinion, the newsletter is improving with each edition.
C) The City will be an official sponsor of the Relay for Life at the gold level
membership. Contributions to fund this sponsorship have been committed by department
beads and City Council rather than public funds being used for the sponsorship.
4314
MAYOR AND COUNCIL REPORTS.
Councilor McCallum thanked staffand Council for participating in the Relay for Life
event which is a fundraiser for the Cancer Society. This year's sponsorships have already
gone over 2.5 times their established goal and event coordinators are now forming teams.
The Woodbum Police Association is also a sponsor and they are forming a team for this
event.
Councilor McCallum also reminded the public of the Spring Clean-up scheduled for
April 26'h and groups partnering with the Livability Task Force on this project are
Portland General Electric, Woodburn Downtown Association, Chemeketa, and
MacLaren.
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Lastly, Councilor McCallum invited the public to attend Woodburn Together's annual
meeting on April 29'h, 6:30 p.m., Tukwila Medical Center, with the guest speaker being
State Senalor Peter Courtney. Topics of discussion xvill be programs such as thc Teen
Scene Program and Peer Court. Members will also elect a new President For 2003 at this
meeting.
Councilor Sifuentez informed Councilor McCallum that MacLaren volunteers will be
doing clean-up on Friday, April 25th, from north city limits along Highway 99E (Patrick
Industries) south to Al's Garden Center. She also thanked all volunteers who give up
their valuable time and talents to the City to make our community a better place.
Mayor Figley stated that she was given the opportunity to select a Mayor's Choice Trophy
at the Glatt House Tulip Festival Art Show and to award certificates to the various
winners. She gave credit to the Glatt House organization who has worked many years to
provide quality art to our community.
The Mayor stated that she would be out of town the week of April 28th and will try to find
a replacement for the two events she had been asked to attend during that week.
Mayor Figley also announced that the City will be having a July 4th celebration as in the
past and, even though economic times may be harder compared to the past and there are
still unknowns about terrorist activities, the committee is moving forward with plans
this year's celebration. The location for the celebration has been changed to Centennial
Park due to the continued development in the Tukwila area, safety constraints and fire
issues. The committee is also organizing a 4~h of July parade from Legion Park to
Centennial Park.
4957
EXECUTIVE SESSION.
Mayor Figley entertained a motion to adjourn into executive session under the authority
of (1) ORS 192.660(1)(h) to consult with counsel concerning the legal rights and duties
ora public body with regard to current litigation or litigation likely to be filed; (2) ORS
192.660(1 )(f) to consider records that are exempt by law from public inspection; and (3)
ORS 192.660(1 )(d) to conduct deliberations with persons designated by the governing
body to carry on labor negotiations.
MCCALLUM/$1FUENTEZ..,adjoum to executive session under the statutory authority
cited by the Mayor. The motion passed unanimously.
The Council adjourned to executive session at 9:43 p.m. and reconvened at 10:07 p.m..
4996
Mayor Figley stated that no decisions were made by the Council in executive session.
COX/BJELLAND... Council authorize the City Attorney to prepare, and the
Administrator to sign, a settlement agreement with Hollywood Entertainment Corp. to
include the following terms:
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1. That Hollywood will not seek a variance for the Highway 99E off-premises sign
but will remove it within 30 days after the agreement is signed;
2. Tine City will allow the two existing wall signs on the building to remain on thc
building mad will not enforce tine Woodburn Sign Ordinances to require the
removal of those two signs witln tine understanding that it will be those two
specific signs for that specific owner only;
3. The City will agree to pay to Hollywood the sum of $720.00 to reimburse them
for their cost in removing the off-premise sign; and
4. The agreement, upon signing, will be binding on both the City and Hollywood
Video.
The motion passed unanimously.
5170
ADJOURNMEN~T.
MCCALLUM/SIFUENTEZ... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 10:09 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 16 - Council Meeting Minutes, April 14, 2003
18
Executive Session
COUNCIL MEETING MINUTES
April 14, 2003
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, APRIL 14, 2003.
CONVENED. The Council met in executive session at 9:50 pm. with Mayor Figley presiding.
ROIA~ CALIJ.
Mayor Figley Present
Councilor Bjelland Present
C0uncilor Cox Present
Councilor McCallum Present
COuncilor Nichols Absent
Councilor Sifuentez Present
C0uncilor Vel iz Present
Mayor Figley reminded the Councilors and staff that information discussed in executive session is not
to be discussed with the public.
Staff Present: City Adminislrator Brown, City Attorney Shields, City Recorder Tennant
The executive session was called under the follow statutory authority:
1 ) to consult with counsel concerning the legal rights and duties of a public body with regard to current
litigation or litigation likely to be filed pursuant to ORS 192.660(1)(h);
2) to consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(f);
and
3) to conduct deliberations with persons designated by the governing body to carry on labor
negotiations pursuant to ORS 192.660(1 )(d).
ADJOURNMENT.
The executive session adjourned at 10:06 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tcnnant, Recorder
City of Woodburn, Oregon
Page 1 - Executive Session, Council Meeting Minutes, April 14, 2003
19
The City of Woodburn
Livability Task Force
Mission Statement: ~ is the mission of the Livabillty Task Force to create and promote programs
that result in a cleaner community where there is pride in properly ownership, with a full range of
commercial services, and with ample recreational, cultural, and entertainment activities for all age
groups. It is the Task Force ~ further mission to create and promote an environment where all
residents can feel safe, will interact with each other, will celebrate their unique traits and diversity,
and can share a strong and common sense of community."
Woodbura Livability Task Force Meeting Minutes.
February 2003
City Hull Conference IIoom [] Februory 3. 2003 [] 7:00 pm
Call to Order
Meeting called to order in the City Hall Conference Room at 7:10.
Task Force Members:
Pete McCallum
Mike Bergeron
Lisa Ellsworth
Betty Guzman
Present Jane Christoff Present
Absent Nancy A. Kirksey Present
Absent JoAnn Bjelland Absent
Present Phyllis McKean Present
Staff:
Kezia MacAlistaire
Present
!!
!!
!!!.
Approval of November 17, 2002 Meeting Minutes
Introductions
Project Updates.
Flower Baskets. No update, JoAnn was not present. There needs to be an effort to get
the appreciation plaques completed soon.
Saturday Market. Mike and Lisa are in charge of organizing the vendors again this year
for WDA. The market will be at the location on Arthur St., not the plaza.
Front Street Park. Betty reported that vandalizafion of the park is a problem already.
Betty suggested having the picnic table secured to the ground by Public Works dept.
Graffiti is once again a problem on this site.
Spring Cleanup. The date set for the spring cleanup is April 26.
Chemeketa "Into the Streets" program will provide volunteers again this year. The request
for 30 volunteers will most likely be granted.
Livabilifl/ Task Force Minutes
February 4th, 2003 ~ Page I of 3
20
VI.
Some task force members stated that if ODOT wants to intervene with the cleanup, they
should bring the requisite signs to us rather than we pick them up in Salem.
We need to check for supplies again and use of the High School lot as staging grounds.
WDA will partner with us in the cleanup for the downtown area.
The use of having kids clean the downtown area was questioned by some. They have
found drug and sexual paraphernalia in the past.
It was suggested that perhaps the Task Force might add a volunteer painting project to
work in tandem with the community cleanup or create as a stand-alone event. This would
entail working with WDA, downtown property owners, and volunteers to paint the
buildings' exteriors. This project could have a tremendous visual impact with very little
cost. A project of this scope will require coordination and publicity as well as donated
materials. The Task Force is still evaluating the merits and liabilities of such a program.
Local coaches will be contacted to get their teams involved in the Spring Cleanup. This is
an untapped volunteering resource for the Livability Task Force.
Property Pride Awards. The targeted nominees for the Awards were Mid-Valley Bank
in the business category and a special award to the Woodburn School District for their
facilities. These awards will be given at the second City Council meeting in February.
VII.
VIII.
IX.
Ordinances update.
The Tree Ordinance has been "shelved."
The Nuisance ordinance is on the list of priorities in 2003.
The Sign Ordinance is supposed to be addressed in Spring of 2003.
One of the members stated that the Montebello Subdivision has trees not on the approved
list -- Thundercloud Trees.
Next Meeting Date. Set for March 18.
Adjourn. The Committee adjourned at 8:15 p.m.
21
Livability Task Force Minutes
February 4th, 2003 ~ Page 2 of 3
The City of Woodburn
Livability Task Force
Mission Statemenf 'it is the mission of l~e Uvabil#y Task Force to create and promote programs
that result in a cleanec community where there is pride in property ownership, with a full range of
commercial services, and with ample recre afonal, cultural, end entertainment ac#vires for all age
groups. It is the Task Force ~ furthec mission to c~eate end promote an envfronment where ell
residents can feel safe, will interact with each other, will celebrate their unique traits and (#versify,
and can share a strong and common sense of community. '
8C
Woodburn Livabilit~ Task Force Meeting Minutes. March
2003
City Hall Con[~oronco lloom [] March 2~. 2003 [] 7:00 pm
Call to Order
Meeting called to order in the City Hall Conference Room at 7:05.
T~k Force Members:
Pete McCallum
Mike Bergeron
Lisa Ellsworth
Betty Guzman
Present Jane Christoff Absent
Absent Nancy A. Kirksey Present
Present JoAnn Bjelland Present
Present Phyllis McKean Absent
Staff:
KeziaMacAlistaire
Present
Ii
!!
Approval of February 4th, 2002 Meeting Minutes
Introductions
!!1.
Project Updates.
Flower Baskets. Currently the program has 11 thousand dollars and needs 13 thousand
more. Questions about the role of Woodbum Together this year -- will it still manage the
funds for the program? Pete will look into the matter. JoAnn raised the question of
Transient Occupancy Tax monies use for the flower basket program and Pete responded
by suggesting that JoAnn develop a plan to apply for the TOT funds. Jo,Ann stated that
she wanted the Woodbum Independent to assist in publicizing the program more widely
this year.
Saturday Market. Lisa reported on the market status and said that the name is being
changed to "Farmers' Market" to reflect the emphasis on produce and farm products and
away from crafts this year. The dates of the market are May 10 to Oct 11 this year. The
Market was very successful with its Senior Nutrition and WIC coupons and plans to
strengthen that marketing angle this year.
Livability Task Force Minutes
March 25, 2003~Pege 1 of 2
VI.
VIi.
VIII.
VIIi.
IX.
Front Street Park. Betty reported that the park is now finished. The picnic table is
chained down, the fence is in, and there are tentative plans for more equipment in the
future.
Spring Cleanup.
The planning and coordination are still being done for the cleanup although much of the
planning is duplicate efforts from past events. All of the supplies are available. The CAV
vehicle will be borrowed once again from the Police Department.
Committed groups participating are WDA, Chemeketa Into the Streets Program, PGE.
Jeff Waters, code enforcement officer, will be providing a map highlighting the areas of
town which are in need of cleaning. From this and based upon the number of volunteers,
the group will determine additional areas to focus.
Kezia will contact ODOT once again to ensure the cleanup is approved and all documents
are completed to operate a cleanup on State roadways.
Property Pride Awards. The water bill insert requesting neighbor suggested property
pride nominees has been a success. Kezia reports over ten nominations. From these
nominations the LTF group will select a private home awardee for the next round.
Bill Key of Woodbum School District sent a thank you letter acknowledging the Property
Pride Award awarded to the facilities division of WSD.
Next meeting -- nominations for home and business (May 2003).
Ordinances update.
Pete reported that the Nuisance ordinance will be coming up soon. The sign ordinance
draft is ready and a focus group will review the ordinance.
Graffiti Issues. The problem has been greater lately with a rash of activity in the
downtown areas, although not limited to the downtown. Pete stated that perhaps the LTF
can assist businesses with graffiti-repellant paint. This would require additional thought as
it would entail developing a program. Perhaps SOLV might be a partner in this program.
WalMart doesn't prohibit minors from purchasing spray paint and the availability of the
paint might contribute to the community problem.
Next Meeting Date. Set for April 22.
Adjourn. The Committee adjourned at 8:55 p.m.
23
Livability Task Force Minutes
March 25, 2003~ Pale 2 of 2
8])
MINUTES
MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD
DATE:
April 16, 2003
ROLL CALL:
Marie Brown - Present
Mary Chadwick - Present
Vasily Chernishov - Present
Ardis Knauf
Kay Kuka
Colleen Vancil
Pat Will
- Present
- Present
- Present
- Present
STAFF PRESENT: Linda Sprauer, Director
JUdy Coreson, Recording Secretary
GUESTS: None
CALL TO ORDER: President Ardis Knauf called the meeting to order at 7 pm.
SECRETARY'S
REPORT:
The monthly Board minutes of March 12, 2003 were approved as
submitted.
CORRESPONDENCE: Linda received a thank you letter from Phyllis Bauer for the
luncheon on March 13 honoring herfor her past Library Board service.
PUBLIC COMMENT: None
DIRECTOR'S
REPORT:
Monthly Statistics: The monthly statistics were self-explanatory. The
number of people visiting the library for the month of March was
20,659.
Activities: A list of activities was distributed to the Board.
Infant/Toddler Storytime, Spanish Storytime, Teen Club and Saturday
at the Library activities are continuing with great success. Dan
Peterson, Assistant Library Director, gives computer classes every
Saturday morning at 9:00 am. An Adult Book Discussion Group
meets the third Monday of every month. A new Adult Contemporary
Discussion Group begins Thursday, May 15 at 6:30 pm. Gardening
author Barbara Ashmun gave a Spring Garden lecture on Sunday,
April 13, at 2 pm at Al's Garden Center. For Saturday at the Library
on April 19, there are various activities scheduled for the Tulip
Festival. At 9:30 am there will be an Easter Egg Hunt provided by the
Elks Lodge. The Tulip Festival Parade begins at 10:00 am. At
1:00 pm the Ballet Folklorico Infantil will perform followed by crafts for
children at 1:30 pm. At 2:00 pm Omar Vargas, a classically trained
Mime, will perform. There will be a Teen Fashion Show designed and
produced by Antonio Acevedo at 3:00 pm. On FridaY, May 9, a
Chautauqua Program, "The Last Rose", by Bill and Carla Coleman of
Woodburn will be presented at the Bungalow Theater at 2:00 pm.
Sunday, May 18, is the last Sunday open hours until September. The
library will be closed Sunday, April 20, for Easter and Monday, May
26~h, for the Memorial Day Holiday.
Volunteer of the Month: Lois Wengenroth was chosen Volunteer of
the Month for April.
Staff: Anne Duston, part-time Reference Librarian, resigned effective
March 31.
Budget 2003-04: The Budget Committee met last night in a workshop
session. They considered three items for each Department: restoring
and services to the baseline budget; adding additional requests into
the budget; and accepting the Departments offer for a reduction to the
current level of service. In every instance they agreed to restore
materials and services; for the library in they agreed to fund the
purchase of 10 new office chairs; and they did not accept closing the
lilbrary on Mondays. The library will offer the same level of service in
the next fiscal year as the current year.
Feasibility Study: Seven architectural firms responded to the Request
For Proposal to evaluate the utilization of library space or to make a
proposal for expanding the library. Four of the seven have been
interviewed by a committee of Linda, Dan, Randy Rohman from
Public Works Dept., Pat Will of the Library Board and Willis Grafe of
the Friends of the Library. Linda will be calling references and then
a final decision will be made. The choice will then be recommended
to the City Council at their Monday, May 12th meeting.
BOARD REPORTS: Beverly Phillips was asked to attend the meeting to report on the
various Youth Services activities. Beverly showed posters that
advertise the special programs that she schedules each month for
Saturday at the Library. Youth Services librarians attend a Performer
Showcase every other year. This provides an opportunity to see the
performers before scheduling them at their library. Crafts, Games
and Popcorn Videos are scheduled for the other Saturdays during the
month. "Read, Discover and Explore" is the theme of the Summer
Reading Program beginning in June.
Library Board Minutes - 4/16/03
Mary Chadwick reported on Dan Peterson's position as the Assistant
Library Director. Dan manages the Reference and Circulation areas.
OLD BUSINESS:
The updated Library Board By-Laws revision and the Library
Strategic Plan will go to the City Council for their approval at their
May 12th meeting.
Migration Committee: Linda is on the Migration Committee to upgrade
the CCRLS automation system. A consultant was hired and in the
Fall of this year demos will be given by various vendors.
NEW BUSINESS: None
BUSINESS TO/FROM
THE CITY COUNCILi
AND/OR MAYOR: None
ADJOURNMENT: The meeting was adjourned at 8:00 pm.
Respectfully Submitted,
Recording Secretary
Library Board Minutes - 4/16/03
MZNUTES
Woodburn Recreation and Parks Board
Tuesday, April 8, 2003
7:00 pm
City Council Chambers
1. Herb Mittmann, Chair, called the meeting to order at 7 pm.
Roll Call
Members present: Herb Mittmann, Chair; Rosetta Wangerin, Member;
IEvan Thomas, Member; Sharon Felix, Member; Tanis C~uinones,
Member.
Members absent: Richard Hammond, Vice Chair; Rev. Frank Anderson,
Member.
Staff Present: Randy Westrick, Director; Paulette Zastoupil AA;
Brian Sjothun, Recreation Services Manager; Steve Newport,
Facilities and Aquatics Manager.
Approval of Minutes from March Il, 2003 meeting.
A motion to accept the minutes was presented made by Rosetta
Wangerin. Sharon Felix seconded the motion. Motion passed
unanimously.
4. Business from the Audience: No audience was present.
Business from the Director: bivision Reports
Recreation Report from Brian tjothun, Recreation Manager
Arby's is donating 15% of the gross profits to the Teen Scene tonight,
April 8, 2003 from 6 - 9 pm.
On March 31, 2003 the Middle School Teen Center opened. To date,
it has 72 registered kids with the average of 40 kids a day using the
facility.
On April 1g, we are having Night Court at the High School. The
activities will include a dance, sumo wrestling matches, and
concessions. We will schedule these activities once a month.
];n March we had two open houses for our After School Clubs. We
have evaluations from the parents that we will report on at the ,Tune
meeting.
The Recreation Reporter will be out on April Z4, ?003. ];nformation
on Summer Camp and registration will be included.
27
After S~chool Club registration will be the last week of this school
year. Parents that already have children in the program will get the
first open slots.
Aquatici Center Report fram Steve Newport, Aquatics Manager
The Woodburn Barracuda Swim Team event was last month with z00
swimmers and 300 spectators at the Aquatic Center. The Easter Egg
Hunt on April 12 is at the Aquatic Center in which 300 children are
expected.
The Tulip Festival Parade will start in the Aquatic Center parking lot
on April 19, 2003. The lobby will be open for people needing coffee,
warmth and etc.
Swim lessons have increased to 155 participants. Shelly 5hook has
been certified as an Arthritis Aerobic Znstructor, and we will be
planning classes accordingly. The Aquatic Centers year to date
attendance and revenue is up with a 3§% recovery. The new Aquatic
Fee Schedule goes to the City Council this next meeting.
Skate park
The Skate Park is §0% complete. The ribbon cutting is being planned
for May. All vertical elements are poured. All involved with the
project is happy with its progress. Public Works ]~nspector Duane
Barrick is providing day-to-day management and is doing a great job!
Community Center
The Community Center Planning Committee reconvened on April 7,
:>003. This is the third planning committee and the interest is
growing with returning and new members present. The Old Community
Center will probably close ~Tuly ~1, :>003. The seminar in Springfield
with the Rural Development TnJtiatives was excellent. Herb Mittmann,
Chairman, expressed his concern about not limiting ourselves to the
Settlemier Park site, for the new community center, as it is limited in
growth possibilities. He also stated that the Board would like to be
assured that there is communication between WHZP and M]~D and the
two projects do not conflict.
WHZP Report
This weekend, April :~:>, :>003 the scouts, volunteers and Legionnaires
will be planting trees and shrubs at Legion Park. There are §00 trees
and shrubs waiting there now and more will be arriving later in the
week. ~ fall, the Board will be approached to plan a project for
the pond at Legion Park to expand it. We have set aside $§0,000 for
I~lantinq.
Park Master Plan
Basic information was gathered at the two After School Club Open
Houses and the Recreation and Parks Open House/Workshop. MIG
has taken this information and is in the process of making two
preliminary plans per park. Herb MJttmann suggested that we hold
another Open House that night to share the plans with the public in
May. He also asked to extend an invitation to Mayor Figley to attend.
Herb Mittmann expressed concerns that the Master Park Plan will
need to account for uncertainties as to where the Community Center
will be placed. The Community Center is planned to be at Settlemier
Park but also could be planned at a potential property acquisition at
Legion. These are issues the [~oard will have to work through.
Board Clomments
No comments
Future Board Business
Open Heuse for Preliminary Park Master Plan
FeedbaCk from the Multi-use Facility Progress Self Assessment
Next meeting scheduled for May 6, 2003
Meeting was adjourned at 7:40 pm
29
81'
WOODBURN PLANNING COMMISSION
March 27, 2003
CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall Council
Chambers with ChairperSon Lima presiding.
ROLL CALL
Chairperson Lima P
Vice Chairperson Young P
Commissioner Vancil P
Commissioner Grigorieff P
Commissioner Mill P
Commissioner Bandelow P
Commissioner Lonergan A
Staff Present:
Jim Mulder, Community Development Director
Naomi Zwerdling, Senior Planner
Chairperson Lima providedl an opening statement for Public Hearing.
MINUTES
A. Woodburn Plannip.q Commission Minutes of March 13, 2003.
he was whether he mentioned the
~--hairperson Lima referred ~o'the bottom of page 4 and indicated not sure
three entrances were on thesouth side.
Commissioner Mill interjected there are three entrances on the south side of the building.
Staff confirmed that is the only side that has three entrances.
Commissioner Mill moved tO approve the minutes as presented and Commissioner Bandelow seconded the
motion. Motion carried.
BUSINESS FROM THE AUDIENCE
None
COMMUNICATIONS
Staff provided seminar flyers sent by the Mid-Willamette Council of Governments to the Commission. He
reported seminars have been setup to be held April 19th and April 26% He stated the Planning Commission
can decide whether they wish to attend or not. Staff also remarked it would be a good learning and networking
opportunity, particularly for new Commissioners.
Vice Chairperson Young announced he attended this seminar about six years ago in Canby. He commented
the seminar was very interesting and a lot of material was provided. Vice Chairperson Young further stated
there were about 50 people from about a 50 mile radius of Canby. Additionally, he indicated he had the
opportunity to speak with a lot of people who have the same type of planning and development process as
the City of Woodburn. Furthermore, he remarked some of the parameters that need to be kept in mind as
far as stating any concerns or any ex-parte contacts were outlined and explained. Vice Chairperson Young
said development of State land use laws and goals were also reviewed. In closing, he stated it is a good
background course at any level.
Planning Commission Meeting - March 27, 2003
Page 1 of 9
30
PUBLIC HEARING
A. Conditional Use 0~2-05, Design Review 02-16, Variance 03-06 and Variance 03-07, proposed
-- 3,8090 sq. ft. wat.~r treatment plant, filters, 80,000 gallon backwash tank and 300,000 gallon
storage reservoir;ivariance to street standards; and variance to allow for a barbed wire fence,
1084 Country Clulq Rd., City of Woodburn, applicant {Staff recommended continuance to April
10, 2OO3).
Vice Chairperson Youn.q moved to accept Staff's recommendation and schedule a continuance to April 10,
2003. Commissioner Band,elow seconded the motion, which unanimously carried.
B. Conditional Use 02-06, Desi_qn 02-17, Variance 03-09 and Variance 03-10, proposed 3,800 sq.
-- ft. water treatmen~ plant, filters, 80,000 gallon backwash tank and 1,700,000 gallon storage
reservoir; variance to maximum allowed hei_clht; and variance to allow for a barbed fence to
be located closer than 150 feet from the public street, 2225 National Way, City of Woodburn,
applicant (Staff recommended continuance to April 10, 2003.
Commissioner Mill moved to accept Staff's recommendation and continue to April 10, 2003 Planning
Commission meeting. MotiOn was seconded by Commissioner Bandelow. Motion unanimously carried.
Vice Chairperson Youn.q stated for the record we will still be able to meet the 120-day rule by postponing the
hearings to April 10%
Staff interjected the applicant waived the 120-day rule.
C_._=. Annexation 01-04,~Zone Change 01-03, Conditional Use 02-08, Design Review 02-19, Variance
03-03, Variance 03~-04, Variance 03-05 and Exception to Street Right of Way and Improvement
Requirements 03-03: Request for annexation of 4.69 acres of land into the city limits; zone
change from Maripn County "Urban Transition Farm" UTF to City of Woodburn "Public ano
Semi-Public {PISP)"; Variance to allow for barbed wire on top of chain link fence; Variance to
allow for a 52 foot~ high water storage reservoir which exceeds the 35 foot maximum height
requirement. Variance to allow for a proposed rear yard setback of less than the required
maximum of 36 feet; Exception to Street Right of Way and Improvement Requirements to
allow for reduced Right of Way and the modification of the street cross section; and
Conditional Use al~d Design Review for a proposed 3,800 square foot treatment plant, filters,
80,000 gallon backwash tank, 2,700,000 .qallon storage reservoir and 400 square foot well
house, 828 Parr ROad, City of Woodburn, applicant. {Continued from March 13, 2003 Planning
Commission Meetin_~).
Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff
recommended approval of the request based on the information contained in the Staff Report, the information
provided by the applicant and the applicable review criteria subject to the conditions of approval that were
listed in the Staff Repod.
Commissioner Mill requested clarification regarding the home that is presently on the property.
Staff explained a single family residential use in a public zone is not allowed. Therefore, Staff recommended
the home be removed off the site prior to obtaining a building permit.
Commissioner Vancil asked if the applicant or Staff looked at other possibilities other than barbed wire to
provided appropriate security?
Staff indicated she believed the applicant looked at other varieties of security fencing however, she referred
the question to the applicant.
EX-PARTE CONTACTS
None
Planning Commission Meeting - March 27. 2003
Page 2 of 9
31
TESTIMONY BY APPLICANT
Randy Rohman, City of Wgodburn, 270 Montgomery St., Woodburn, OR 97071 referred to page 56 of the
Staff Report and asked the Commission to modify condition of approval #3. He explained the intent is to start
construction approximately the 1st of July or during the month of July. The building permit would therefore
need to be pulled approximately at that time. Mr. Rohman further stated they tried to sell the house previously
and were unsuccessful. He requested that this be put off until certificate of occupancy to allow them more
time to sell or relocate that dwelling. He also indicated the dwelling is not currently in use as a residence and
they have no intent of utilizing it as such. Additionally, he said they would have no difficulty with the
Commission adding the condition that the dwelling not be used for habitation until it is relocated. However,
they ask that this condition be delayed until certificate of occupancy. Mr. Rohman commented the drop-in
center issue was considered and dropped right after the property was purchased and he was unaware that
this was included in the Staff Report. In regards to the fence issue, Mr. Rohman remarked they did look at
other types of fencing as part of the consulting design contract to construct the facility. Security expertise was
provided by the consultants and it was their suggestion that this type of fence is probably the best unless
there are other overriding conditions. There are some economies with the chain link fence with the barbed
wire on top. Moreover, the fence acts as a deterrence and indication that it is a place that people should not
be in although it probably Will not keep people out He further reported although there are no plans to alarm
the fence, there will be some intrusion detection systems that will be included on the opposite side of the
fence line and on the facility itself. Mr. Rohman communicated the Variance for barbed wire was requested
because it was a very strong recommendation of the security consultants that it be included.
Commissioner Vancil voiced concerns with the park being adjacent to this property. He commented although
we might be saving a few dollars now, is a barbed wire facility really what we want to look at when we are
sitting in Centennial Park? Commissioner Vancil also remarked he looks at the investment other communities
have made in aesthetics and looks at the Woodburn Livability Commission and what our goals are as a
community as he understands it.
Randy Rohman replied one of the reasons landscaping will be erected along the fence is to partially screen
it from users and still provide the security.
Commissioner Mill asked Mr. Rohman if an inverted chain link fence was discussed?
Randy Rohman responded those types of fences are fine if you have no other resources. He reported it is
relatively easy to lean something against the fence and climb over the fence. It was also indicated by Mr.
Rohman the only option would be to build the fence with the top of the fence at the 20-25 ft. level so that it
is a little tougher to get to the bend over part then the edge of the bow ends up 12-15 ft. off the ground or in
that range.
Commissioner Mill inquired what type of barbed wire will be utilized?
Randy Rohman replied single strand barbed wire will be used and not the constantina or razor wire seen in
military or prison type facilities. Although it will not keep people out, it will make people aware that it is a facility
that has security. He stated there will be some detection systems on the other side of the fence.
Chairperson Lima asked why will the fence be 6 ft. tall instead of 8 ft?
Randy Rohman answered the rationale for going with a 6 ft. fence is that although 6 ft. is small, it still serves
the purpose; it is easier to screen with the vegetation than an 8 ft. fence and it is not quite as obtrusive.
Chairperson Lima requested clarification regarding the shared entrance to the facility. He also inquired
if the site where the existing dwelling is located will go back to Centennial Park or will there be plants on the
site once the dwelling is removed?
Randy Rohman explained the intent is to change the traffic flow for Centennial Park with a one way entrance
and there will be an exit out. He commented this change serves a dual purpose; it improves the traffic flow
Planning Commission Meeting - March 27, 2003
Page 3 of 9
32
somewhat in Centennial Park and it also serves their purposes. Mr. Rohman stated this plant site is planned
for expansion but the only way for expansion is adding additional pressure filters. There are no plans to move
the plant site outside of the existing location. Probably the intent over time will be that will become part of
Centennial Park. He reported there is an existing water well that they will be proposing to conduct a study to
utilize that well for Centennial Park irrigation to reduce the use of more expensive treated water.
Commissioner Mill asked if the security consultant standpoint rationale to go from the 8 ft. fence down to the
6 ft. fence was strictly because of aaesthetics?
Randy Rohman interjected there were some cost values involved too. The security consultant's
recommendation was an 8 ft. fence as they saw little practical difference security wise with the two different
heights. Mr. Rohman pointed out there is no significant degradation in security from the consultant's viewpoint
with reducing the height and therefore, they had no problems with the fence height reduction.
Vice Chairperson Young requested clarification regarding the exit traffic pattern.
Randy Rohman responded [here will be manual gates but there will also be gates on the plant site. The public
will not have access to the Plant. Additionally, he stated the frontage along Parr Rd. will have the same type
of fencing with the exception for the frontage fencing will be setback adjacent to the well house. He indicated
the well has to be 50 ft. from the property line and the fencing is set back north of where the well house
location is. Furthermore, Mr. Rohman remarked there will be approximately 30-35 ft. between the fence and
the property line which they will place plants and trees in that area.
Commissioner Bandelow requested an explanation of the predicted noise levels at the property lines. She
also inquired if we are looking at something just less than general conversation noise at the north line?
Randy Rohman reported the City Noise Ordinance is 65 decibels at the property line. He believed the
predicted noise level for this site was with the Air Scourer system operation.
Commissioner Bandelow asked Mr. Rohman if Staff toured facilities similar to this anywhere?
Randy Rohman answered affirmatively. He stated they toured a plant in Vancouver, Washington that utilizes
the same process. He indicated the noise of the back wash operation was barely noticeable outside the
facility. Mr. Rohman commented the only difference between that facility and ours is that they do have a little
larger capacity and they use horizontal filters versus vertical filters.
TESTIMONY BY PROPONENTS
None
TESTIMONY BY OPPONENTS
None
DISCUSSION
Chairperson Lima closed the public hearing and opened Commission discussion.
Vice Chairperson Young referred to Condition of Approval Item #3 found on page 56 of the Staff Report and
inquired if the Commission had any problems with or would like to discuss the applicant's request to change
the condition to "...structure shall be removed prior to the building occupancy"?.
The members of the Commission indicated they had no problems with that change.
Commissioner Mill interjected this project is something that is mandated under law to improve. He
commented it seems to be that the City has done very well at trying to minimize costs and move forward with
the appropriate equipment.
Planning Commission Meeting - March 27, 2003
Page 4 of 9
33
Commissioner Vancil expressed concerns with the fencing. He said aesthetics really need to be looked at
and encouraged the Commission not to grant the Variance to put barbed wire on the fence that is adjacent
to the premier park for the community for the next 50 years. He pointed out some of the Hubbard car
dealerships have put up wrought iron fences that are not impenetrable but they would cedainly discouraged
anybody going over them. RJrthermore, Commissioner Vancil commented a great deal of community expense
has been invested into the park and to place a structure with barbed wire next to it seemed to him very
irresponsible. In closing, he again encouraged denial of the Variance and to request the applicant go back
to the drawing board in terms of the park and front side of the fence. Additionally, he stated we need to go
nice instead of going cheap because this is going to be around for a generation or two.
Commissioner Bandelow concurred with Commissioner Vancil in terms of the barbed wire. However, although
she agreed security is needed around the water treatment plant, she is bothered by the barbed wire. She
indicated she would like to see a different alternative for that. Nevertheless, she thinks the location is good
because it is surrounded by public lands and this is something that would be very difficult to site.
Commissioner Mill agreed with his fellow Commissioners. He commented you need to have a serious fence
and not one with barbed wire on the top if you intend on keeping people out and securing it. If you want a
fence for security purposes you need to design a fence that will serve that purpose. Commissioner Mill
indicated another alternative would be a double inverted chain linked fence similar to what was done in the
City of Los Angeles during lhe 1984 Olympics when they had to come up with an esthetic solution around the
Olympic Village, specifically for UCLA. It was Commissioner Mill's opinion that perhaps the inverted fence
would be cheaper than a wrought iron fence or brick wall. He suggested the inner perimeter of the fence may
be connected to the outside fence at a certain point. Although Commissioner Mill agreed there should be
security but if a compromise needed to be reached between security and aesthetics, he would suggest
aesthetics.
Vice Chairperson Young referred to the EPA Act that emphasizes the importance of protection and detection
found on page 45 of the Staff Report and reminded the Commission to keep that in mind if a suggestion is
going to made other than barbed wire.
Commissioner Vancil recommended to deny the Variance with a recommendation to Staff that the applicant
go back to the drawing board on meeting both esthetic and security issues.
Commissioner Gri,qorieff also agreed with her fellow Commissioners. She remarked if people want to go over
the fence they will irregardless of the barbed wire. Although we understand that the barbed wire is there for
protection, it would give the connotation that Woodbum is a bad place. Commissioner GrigOrieff agreed that
other alternatives should be looked at because we worked so hard tomake Woodburn a pleasant community.
Commissioner Bandelow interjected she concurred to see barbed wire from the park would make a very
negative statement.
Chairperson Lima complimented Staff for a well written Staff Report. Although he also expressed concerns
with the barbed wire, he felt it is not the Commission's mandate to tell the applicant what to do. Chairperson
Lima stated an application is before the Commission tonight and it is either accepted or denied.
Commissioner Mill moved to combine Annexation 01-04, Zone Change 01-03, Conditional Use 02-08, Design
Review 02-19, Variance 03-04, Variance 03-05 and Exception to Street Right-of-Way and Improvement
Requirements 03-03 with the modification to Condition of Approval #3 to read "single family dwelling and
accessory structure shall be removed pdor to occupancy of the facility" and vote on those for approval and
call for a separate vote on Variance 03-03 dealing with the fence. Commissioner Bandelow seconded the
motion, which carried unanimously.
Commissioner Mill moved to deny Variance 03-03 dealing with the Variance to allow a chain linked topped
with barbed wire fence around the location. Motion was seconded by Commissioner Vancil.
Planning Commission Meeting - March 2 7, 2003
Page 5 of 9
Staff clarified the Variance is denied for the barbed wire fence. However, it allows the applicant to put up the
chain link fence without the barbed wire.
Commissioner Vancil interjected the intent was to suggest to the applicant to keep in mind the issues of
~s~s as the fencing situation is redeveloped in terms of perimeter barrier around this facility.
He questioned whether the Commission has the authority to do so and what do they need to do to make that
happen?
Staff replied for this type of application and based on the zone and location, the fence or wall requirement, is
determined by the Planning Commission as part of Design Review and therefore, they have the authority to
require another type of fence or wall.
Commissioner Bandelow questioned whether a recommendation can be made that the applicant come back
to the Commission with another plan that does not require barbed wire and that the Commission not turn this
down until they return with something suitable?
Staff clarified denial of the Variance would only mean that the applicant can not put up barbed wire. However,
the chain link fence would I~e approved. Additionally, he stated if this is not what the Commission desires,
they could make a specific ~equirement and make that a condition of approval as to what type of fence or wall
it should be. The other option would be to place a condition on the project to require Planning Commission
approval of the fence or wall prior to it being installed or perhaps the applicant can resolve this issue tonight
and propose something that will be acceptable or continue the hearing and have the applicant return.
Commissioner Mill pointed out the intent is they do not want the barbed wire and they want something that
is more secure than a simple 6 ft. chain link fence and more aesthetically pleasing. He stated he did not see
the wisdom of continuing the hearing as this would unnecessarily delay the rest of the project since there is
just the one area of concern. Commissioner Mill moved to deny Variance 03-03 and request that the applicant
come back to the Planning Commission at a future date with a design for that fence which would eliminate
the use of barbed wire, consider aesthetics and consider a more secure type of barrier and/or barriers.
There was much discussion by the Commission regarding the fence issue.
Chairperson Lima stated there was a motion to deny Variance 03-03 and a second on the floor and called for
a roll call.
Motion carried with Vice Chairperson Young and Chairperson Lima voting No.
Commissioner Vancil moved to reconsider the Planning Commission action on Design Review application
02-19. Motion was seconded by Commissioner Mill. Motion unanimously carried.
The Commission asked the applicant which way does he prefer to go?
Randy Rohman replied he would like the Design Review approved. He stated he could come back at a later
time because he will not be able to provide an answer tonight because he needs to go back and look at the
potential alternatives. He also indicated he will also need to look at costs because they are on a budget for
this project.
Commissioner Vancil moved to approve Design Review 02-19 with the exception of the fence which would
be brought back before the Commission for final approval with the modification to Condition of Approval t13
to read "single family dwelling and accessory structure shall be removed prior to occupancy of the facility"and
add a condition requiring the proposed fence to come before the Planning Commission for approval.
Commissioner Bandelow seconded the motion, which unanimously carried.
8:30 PM - FIVE MINUTE BREAK
Planning Commission Meeting - March 27, 2003
Page 6 of 9
D. Conditional Use 02-04, Design Review 02-15 and Variance 03-08, proposed 400 sq. ft. well
-- house and varian~;e to street standards, 515 S. Settlemier Ave., City of Woodburn, applicant
(Continued from I~ebruary 27, 2003 Planning Commission Meetin_q).
Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Based
on the information in the Slaff Report, Staff concurs with the applicant with the Variance request and as a
result could generate findings to approve Conditional Use, Design Review and Variance request. Therefore,
Staff recommended that COnditional Use 02-04, Design Review 02-15 and Variance 03-08 be approved with
the conditions of approval that are listed within the Staff Report.
TESTIMONY BY THE APPLICANT
Randy Rohman, City of Wqodburn, 270 Montqomery St., Woodburn, OR 97071 said he had nothing else to
add to Staff's presentation. However, he would be available to answer any questions.
Commissioner Vancil referred to the Variance for the right-of-way and inquired how would a turn lane affect
this project?
Randy Rohman responded the City has no plans to widen Settlemier significantly and it does not show up in
the 20 year plan in the exisl~ing Transportation System Plan nor will it be on the amended plan. He reported
there are a significant number of houses that are relatively close to the right-of-way on Settlemier. Mr.
Rohman further explained there would need to be considerable right-of-way acquisitions.
Chairperson Lima asked whether the property to the west will be vacant?
Randy Rohman replied that particular property will be part of a regional storm water detention area. The City
has an agreement to acquire additional 4-5 acres further to the west to be included as inter-regional detention
area for storm water. He disclosed there is no intent to build anything there and will remain as a regional
storm water detention area.
PROPONENTS
OPPONENTS
Mrs. Smith's testimony was neither as a proponent or opponent.
Hazel Smith, 105 Ben Brown Lane, Woodburn, OR 97071 requested Staff's interpretation as far as the work
that has been done on the well, what are the problems and is the well completed? Moreover, she asked if
the pump house project is approved, how long will the permit be valid until one has to apply again? Mrs. Smith
also requested clarification regarding the landscaping. In closing, she congratulated the Commission on their
versions of barbed wire and reported it only keeps horses and cows out because the wire touches their neck.
Randy Rohman stated he is pretty sure Staff was aware that they had drilled a well on that site. Although it
is not complete at this time, they do need to put a well house over it to be usable. He believed they have a
year after approval to obtain a building permit and begin work on the site.
Staff interjected Design Review approval is valid for one year with the potential of a one year extension.
Randy Rohman further reported trees will be planted along Settlemier Ave. as well as trees and bushes
around the well house parking lot. He also stated although this is not part of this project, they are also going
to push out the culvert under Settlemier 25 ft. so they can run a new sidewalk over that area.
DISCUSSION
Chairperson Lima closed the public hearing and opened Commission discussion.
Vice Chairperson Young clarified if the building permit was not issued within the first year, they would have
Planning Commission Meeting - March 2Z 2003
Page 7 of 9
36
to apply for an extension of time and that it is not automatically granted.
Staff reaffirmed Vice Chairperson Young's clarification.
Commissioner Bandelow asked Staff whether the work being done at the site right now is simply completing
the drilling of the well?
Randy Rohman answered the well is installed and they are completing development of it. He further indicated
there are a couple of small ;problems with development. However, they will just have to extend a little extra
effort on actually developing and/or cleaning out the filter packs so that the water can flow through efficiently.
Vice Chairperson Younq moved to accept Conditional Use 02-05, Design Review 02-15 and Variance 03-08
and requested Staff return with facts and findings subject to the conditions of approval. Motion was seconded
by Commissioner Bandelow. Motion unanimously carried.
ITEMS FOR ACTION
A_~. Final Order for Cgnditional Use 02-07, Design Review 02-18 and Variance 03-02, proposed
3,730 sq. ft. wate~ system control center with a Variance to street standards located at 202
Young St., City oflWoodburn, applicant.
Chairperson Mill moved to approve the Final Order as written. Commissioner Vancil seconded the motion,
which carried unanimously.
DISCUSSION ITEMS
Staff mentioned the Mayor has been authorized to appoint a focus group to review a working draft of the Sign
Ordinance prepared by Staff. It is the Mayor's intention to appoint a nine member focus group made up of
various interests (City Councilor, Planning Commissioner, Chamber of Commerce, (3) different business
representatives, Livability Task Force member and (2) at large interested citizens). Moreover, the Mayor
anticipates making those appointments at the next Council Meeting. Staff stated he will be busy working with
the group over the next several months in refining the working draft. He expects to have several workshops
with the Planning Commission prior to the revised Sign Ordinance draft coming before the Planning
Commission in a public hearing.
REPORTS
None
BUSINESS FROM THE COMMISSION
Vice Chairperson Young reported Lawson St. is rapidly deteriorating right where the heavy truck traffic makes
the corner.
Commissioner Bandelow pointed out there are various locate lines at Boones Ferry Rd.
Commissioner Vancil noted the Thomason Signage has been removed from the building.
Staff repoded they removed the sign prior to being cited. Additionally, the dental clinic sign is down as well
and Staff is working on the other off premise sign issue.
Commissioner Bandelow inquired who is in charge of removing signs that are illegally attached to telephone
posts, highway signs and stop signs. She also questioned if there is a problem with a citizen removing them?
Staff explained City personnel can remove them if the signs are in the right-of-way. He recommended private
citizens not to remove signs that are in the right-of-way. However, it is not an issue if the signs are in the right-
of-way in front of one's property.
Planning Commission Meeling - March 27, 2003
Page 8 of 9
37
ADJOURNMENT
Commissioner Mill moved to adjourn the meeting. Commissioner Bandelow seconded the motion, which
unanimously carried. Meeting adjourned at 9:00 pm.
APPROVED
CLAUDIO LIMA, CHAIRPERSON
DATE
ATTEST
)
.... l.~ /,. ?
Jim Mulder,
Community Development Director
City of Woodburn Oregon
Date
Planning Commission Meeting - March 27, 2003
Page 9 of 9
38
8(}
WOODBURN PLANNING COMMISSION
April 10, 2003
CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall Council
Chambers with ChairperSon Lima presiding.
ROLL CALL
Chairperson Lima P
Vice Chairperson Young P
Commissioner Vancil P
Commissioner Grigorieff P
Commissioner Mill A
Commissioner Bandelow P
Commissioner Lonergan P
Staff Present:
Jim Mulder, Community Development Director
Naomi Zwerdling, Senior Planner
Chairperson Lima provided an opening statement for Public Hearing.
MINUTES
A. Woodburn PlanniNg Commission Minutes of March 27, 2003.
Vi---ce Chairperson Youn,q moved to accept the minutes as proposed by Staff.
seconded the motion, which unanimously carried.
Commissioner Bandelow
BUSINESS FROM THE AUDIENCE
None
COMMUNICATIONS
A_~. Special City Courlcil Minutes of March 3, 2003.
Bo
City Council MinUtes of March 10, 2003.
Chairperson Lima reported he received a letter from Jerry Wheeler, Sr., Woodburn Chamber of Commerce
Director introducing the current members of the Chamber's new Government Affairs Committee for 2003:
Alma Grijalva, Committee Chair, Phil Hand, Doug Hess, Pastor Ray Jones, Patrick Vance, Jonathan Zall and
Jerry Wheeler, Executive Director.
PUBLIC HEARING
A. Conditional Use 02-05, Design Review 02-16, Variance 03-06 and Variance 03-07, proposed
-- 3,8090 sq. ft. water treatment plant, filters, 80,000 .qallon backwash tank and 300,000 gallon
storage reservoir; variance to street standards; and variance to allow for a barbed wire fence,
1084 Country Club Rd., City of Woodburn, applicant (Continued from the March 27, 2003
Planning Commission Meetin_~).
EX-PARTE CONTACTS
Commissioner Bandelow reported she resides in the Henry's Farm Subdivision which is the next subdivision
south of the proposed property. She indicated she did not feel that this would interfere one way or another
with her decision as far as this particular project goes.
Commissioner Loner.qan and Chairperson Lima both stated they visited the site.
Planning Commission Meeting - ,4pril 10, 2003
Page I of 9
39
Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Based
on the information in the Staff Report, the information provided by the applicant and the applicable review
criteria, findings required to approve Conditional Use 02-05, Design Review 02-16 and Variance 03-06 can
be made and findings required to Variance 03-07 can not be made. Staff recommended denial of Variance
03-07 and approval of Conditional 02-05, Design Review 02-16 and Variance 03-06 subject to the conditions
of approval that were included in the Staff Report.
Chairperson Lima asked if the applicant has to come before the Commission after the LID is approved or is
that part of the application?
Staff referred this question to the applicant as they handle the Local Improvement District processing and
would know all the details On how that works.
TESTIMONY BY THE APPLICANT
Randy Rohman, City of Wpodburn Public Works Department disclosed the condition is stated in that they
would have to go ahead and make the required street improvements if the Local Improvement District is not
approved. The process for the LID right now is scheduled to be completed so that the work will be done in
2004-2005 fiscal year. He further communicated this application is basically a carbon copy of what was
discussed last Planning COmmission meeting with the exception of the size of the storage tank.
Commissioner Lonerqan questioned if this is an optimum site for this type of facility?
Randy Rohman replied the primary reason it was selected as an optimum site was probably because there
is an existing well on the site which is relatively new and good producing well. Additionally, he stated there
is a well on Astor Way that is the City's newest well that is in use. Mr. Rohman indicated they estimate they
have about 1.1 million dollars invested in these wells. Moreover, he said the plant location was selected to
make use of these wells as one well is already on site and the Astor Way well is relatively close. The raw
water from the Astor Way well will be piped to the site for treatment. It was further reported by Mr. Rohman
that the site was a feasible location and they wanted to maintain the investment that they already had in the
two existing wells. Furthermore, he stated they felt the site was appropriate as they were able to acquire the
additional property to make it a rather large site where they could locate the actual treatment facility towards
the center of the site and create a significant buffer around the plant itself.
Commissioner Loner.qan voiced concerns regarding the noise.
Randy Rohman disclosed normal conversational tones are 50-60 decibels. He further stated the noise level
at the property lines on the east side was 65 decibel and the only time period where there is even a relatively
high noise level for about 3-4 minutes is during the backwash cycle. Mr. Rohman reported the noise
consultant recommendation was to add a special type of louver where the air is drawn into the facility that will
reduce some of those noise levels even to below that level. The noise studies for an operating plant were
taken at a plant located in Vancouver, Washington that is essentially the same size of the proposed project
with the exception of a larger MGD capacity, filters and air blowers.
Commissioner Loner.qan further questioned how often does the backwash cycle occur during a 24 hour
period? Additionally, he asked if the City pays if an LID were supported?
Randy Rohman responded the backwash will happen every 2-3 days and the operational program for the plant
will be for this backwash to occur during day time working hours. He disclosed the City pays a representative
fair share of the cost of the improvement. At Commissioner Bandelow's request and for the benefit of the
audience, Mr. Rohman provided a recap of heights of the tanks and what will be seen from Country Club Rd.
and the neighboring areas.
TESTIMONY BY PROPONENTS
None
Planning Commission Meeling - April 10, 2003
Page 2 of 9
4O
TESTIMONY BY OPPONENTS
None
DISCUSSION
Chairperson Lima closed the public hearing and opened Commission discussion.
Commissioner Lonerqan felt the building is attractive and appreciated and agreed with Staff's concern
regarding the barbed wire fence. He stated he favors the project.
Commissioner Bandelow did not see any problems with the project. The noise level is not much above
conversational level. She felt the green space around the building and the fact that it is located in the center
will provide a good buffer. Gommissioner Bandelow commented there is no doubt that the treatment center
is needed as we all drink Woodburn's water and know what it is like. In closing, she stated she also favors
the project at the proposed location now that the barbed wire has been eliminated.
Vice Chairperson Younq remarked he thought the project located at the proposed site will work well. The
design has been well thou.ght out and meets all the current and modern standards. Moreover, the street
standards Variance s bas cally required because, at this time, the applicant does not plan to improve the
streets because of the possibility of the local improvement district helping to fund that. At some point, it will
be brought up to standard~s either with or without the LID. Vice Chairperson Young agreed with Staff's
recommendation to deny the Variance for the barbed wire. He closed by saying he thought it is a good project
and it is exciting that Woodburn is growing to the point that we need updated treatment plants.
Commissioner Lonerqan moved to accept Conditional 02-05, Design Review 02-16, Variance 03-06 and deny
Variance 03-07. Motion was seconded by Commissioner Vancil. Motion unanimously carried.
B_.:. Conditional Use 02-06, Design 02-17, Variance 03-09 and Variance 03-10, proposed 3,800 sq.
ft. water treatmeqt plant, filters, 80,000 gallon backwash tank and 1,700,000 gallon storage
reservoir; varianC, e to maximum allowed height; and variance to allow for a barbed fence to
be located closer than 150 feet from the public street, 2225 National Way, City of Woodburn,
applicant (Continued from the March 27, 2003 Planning Commission Meetin_cl).
Staff read the applicable ORS Statement and a presentation was provided as reflected in the Staff Report.
Staff recommended approval of Conditional Use 02-06, Design Review 02-17, Variance 03-09 and Variance
03-10 subject to the conditions of approval in the Staff Report.
TESTIMONY BY THE APPLICANT
Randy Rohman, City of Woodburn Public Works Depadment did not have anything further to add to Staffs
presentation however, he was open to questions.
Commissioner Lonerqan asked how long has the City owned this property and did additional property need
to be acquired for this project? He also inquired how far away could the tank be seen?
Randy Rohman answered he believed the entire 10 acre parcel was purchased in the early 1980's for a Public
Works facility. Over time it was decided it was not centrally located and the other portions were sold off. He
reported the well house was the only actual development and they did retain enough property around the well
house for this future eventuality of a treatment plant. Mr. Rohman indicated it is a compact site as they
retained just the right amount of property for what they needed. In regards to the view of the tank, he stated
the tank will be located at the back of the site and the vast majority will be cut off by the buildings.
Commissioner Lonergan further inquired how will this project affect the water bill?
Randy Rohman explained the City Council passed a resolution about two years ago with a series of water rate
increases over a five year time frame. The rate structure was changed to a cost of service type where you
pay a fixed rate for the meter and then a three block rate for water use. Mr. Rohman reported the water that
Planning Commission Meeting - April 10, 2003
Page 3 of 9
4.1
used to cost $11.65 in 1999 will cost $26.75 in 2006 thus it does slightly double the water rate. He pointed
out the rate increase process is similar to what was done with the treatment plant. Mr. Rohman said it is their
intent and looking at the financial studies, they do not anticipate increasing the water rate after 2006 until there
is a certain time period that goes by and if inflation causes operational costs to go up.
Chairperson Lima questioned whether the taste of the water will improve with the new system?
Randy Rohman replied affirmatively. He reported studies showed odor and bad taste were completely
removed out of the pilot plant's finished water. Mr. Rohman noted water softeners should not be needed as
our water is, at best, moderately hard. The City water is at 90 parts per million and hard water is considered
250 parts per million. He stated most people utilize water softeners to reduce the amount of iron and
manganese and should not be required after these plants are on line. Additionally, he reported the contract
for the project should be awarded at the end of June and work should start the first few weeks in July. He
further stated it should be Operational by the summer of 2005.
TESTIMONY BY PROPONENTS
None
TESTIMONY BY OPPONENTS
None ~
DISCUSSION
Chairperson Lima closed the public hearing and opened Commission discussion.
Vice Chairperson Young remarked he did not see the barbed wire as much of a problem on this site as it is
more of an industrial area and isolated. Moreover, it is not a place where it is going to be affected by
residential area and it is not part of the activities area of the City. He further stated he did not think that is
necessarily a bad way to try to secure the facility.
Commissioner Bandelow indicated although she is generally opposed to barbed wire, this is an area that there
will not be people around and security is a bigger issue for this site than it is over by Country Club. The barbed
wire, in this case, may very well be a necessity in this area.
Commissioner Lonergan agreed with his fellow Commissioners.
Commissioner Vancil interjected it looks like a good plan.
Commissioner Bandelow moved to approve Conditional Use 02-06, Design Review 02-17, Variance 03-09,
Variance 03-10 and instructed Staff return with facts and findings and a Final Order for the next regularly
scheduled meeting. Commissioner Lonergan seconded the motion, which unanimously carried.
C._=. Design Review 02-14, Variance 03-08, Zoning Adjustment 02-03 and Exception to Street Right-
of-Way and Street Improvement Requirements 03-02, proposed 36 unit elderly apartment
project; variance to allow for a reduction of the required I~arkin¢l si)aces; zoning adiustment
to the required front yard and interior yard setbacks and an exception to the street standards
on Carol Street, north of E. Lincoln Street, south of Hardcastle Avenue, west of Carol Street
and east of Park Avenue, Rambeau Development, applicant.
The applicable ORS Statement was read by Staff and a presentation was provided as reflected in the Staff
Report. Staff recommended approval of these applications subject to the conditions of approval which are
listed in the Staff Report.
Vice Chairperson Young requested clarification to condition of approval Item #26 listed on page 40 of the Staff
Report and questioned whether a public storm water conveyance system is part of the project?
Planning Commission Meeting - April 10, 2003
Page 4 of 9
42
Staff replied it is part of this project. She further explained the Public Works Department's comments
discussed what the full requirement is even though an exception would be granted, that would be included
in the full street improvement because it has to be done to the Woodburn Transportation System Plan.
Moreover, it has to be in conformance with the City of Woodburn Storm Water Management Plan and Public
Works would review and approve that.
Commissioner Lonerqan asked Staff what would happen 10 years from now if this property changes hands
and it is not a 36-unit senior apartment complex and it is just a regular apartment complex with inadequate
parking?
Staff responded there would be a greater parking requirement if in the distant future it did change in use. This
would trigger a new design review and they would have to abide by the parking standards for that type of use.
Commissioner Griqorieff questioned what would happen to the property when the 40 year commitment by
Marion County to take care of the property is up?
Staff referred this question to the applicant.
Chairperson Lima requested clarification regarding the right-of-way and asked if the paved area will remain
the same?
Staff replied affirmatively and explained they will have to provide the two travel lanes and everything will be
the same. Additionally, it iS not possible for the applicant to do a property line planter strip and the curb on
the other side because of the reduced right-of-way. Therefore, the applicant is providing that planter strip on
the opposite side of the cuCb so that could be done and be able to put the full street improvement in.
Staff interjected condition of approval Item #16 should be modified to read "Variance approval allows the
reduced parking ratio from 2 to 1.5 spaces per dwelling unit for senior apartments only". He explained that
ratio applies to senior apartments only and if this were to change to a different type of use it would have a
different parking requirement that would be required before they could change the use of the properly.
TESTIMONY BY THE APPLICANT
Craig Clarambeau, Rambe~u Development Co., 756 Horseback Ct. NE, Salem, OR reported Marion County
Housing is going through a tax credit financing with the Oregon State Housing Community Services and one
of the requirements is that they must sign a document stating that this will remain affordable senior housing
for 40 years and at that point they are off the hook. However, he indicated Marion County has stated they will
continue this as they do with their other properties and there will be no threat of it ever leaving the senior use.
Mr. Clarambeau reported they did an extensive market study in the area and two needs surfaced from this
independent study. Firstly, migrant farm housing and secondly, elderly. He further stated there was an
immediate need for 93 units in the City of Woodburn for affordable elderly. They felt this site best fits this use
as it is right across the street from the bank, Roth's and bus transportation. Mr. Clarambeau reported the
greatest element of the project is the construction method, ICF construction, and the State of Oregon is taking
a look at this. Furthermore, he said their project is somewhat of a pilot in the fact that they are using 6"
concrete walls with 2 Y2 Styrofoam forms on either side for an 11" wall. This reduces the energy usage in that
unit by 40-45%. He commented the #1 concern for the elderly is prescription costs and #2 being able to
control their energy costs. It was stated by Mr. Clarambeau that they are hoping this will be a model
development that is used all around the State, if not, the west coast. In closing, he remarked they are excited
about it and think it will fit well in Woodburn.
Vice Chairperson Young asked Mr. Clarambeau if he had a problem with adding that verbiage to condition
#16 to specify those types of projects only for that parking?
Crai.q Clarambeau replied he had no problem with that.
Planning Commission Meeting - April 10, 2003
Page 5 of 9
415
Commissioner Bandelow agreed that in all probability the County will go 60-80 years with this use. However,
what would happen in the event there were some dramatic change in use at the end of the 40 years?
Staff responded there would be various options: 1) the City would require it still remain, even under the new
owner, as senior housing; 21 they would be required to tear out landscaping and provide parking; and 3) allow
another Variance to reduce parking requirements.
Commissioner Lonerqan asked the applicant why does he not build a 30-unit complex and not meet the City's
normal requirement?
Craiq Clarambeau answered it is primarily because of the cost factor of trying to get the project to pencil out
with all the additional costs involved off site with the street. They need 36-units to make it cost effective for
the project. He further remarked density wise they could get 44-units with 2-story buildings but once again,
it does not meet the need for elderly. Therefore, by scaling down to single stow is where they ran into that
problem and needing those tweaks on the setbacks. Mr. Clarambeau pointed out it would benefit the City
by having a nice single stoW development. He also indicated the rent ranges would be between 40-50% of
the median income of Marion County. A single elderly on social security to qualify can not exceed more
than$14,000 a year and their portion of rent for a one bedroom would be somewhere between $235-$310.
Additionally, Mr. Clarambeau remarked the unit mix is primarily Ua of the units being one bedroom units,
therefore, it would not be feasible for family use in the event 40 years down the road they wish to switch it for
family use.
Vice Chairperson Younq requested clarification regarding the square footage of the typical unit.
Craig Clarambeau reported the one bedroom units are 730 sq. ft. and the two bedroom units are 930 sq. ft.
which are all accessible for ADA. He further explained the target market for these units are elderly 62 yrs. and
older. Moreover, it is independent living not assisted care and there will not be any type of medical services.
Chairperson Lima inquired what is the construction time line?
Craig Clarambeau replied they go in for final application with the State of Oregon in August 2003 and they will
be noticed some time in October if they are successfully approved. If approved, they will commence
construction weather permitting in March or April 2004.
Commissioner Gri.qorieff asked if there will be an on-site manager?
Craig Clarambeau responded there will be an on-site manager that will be there at all times. Mid-Willamette
Valley Senior Services will be active and provide services for the eldedy as well.
TESTIMONY BY PROPONENTS
Anita Risber.q, 1351 Westrbrook Dr. NE, Salem, OR reported she is a commercial real estate broker from
Salem and is speaking tonight on behalf of Mr. & Mrs. Brusven whom are very much in favor of this
development. They felt it is a Iow impact use for the area and the reduction in parking spaces is really a
blessing. She indicated if it was going to be an apartment project which is what the land is zoned for, you
could potentially put 44 units with two parking spaces per unit which would increase the traffic in the area.
Therefore, they felt this use fits very well within the neighborhood and Mr. & Mrs. Brusven are delighted and
thrilled that this project is going in versus an apartment project.
TESTIMONY BY OPPONENTS
Lauralee Horsewill, Lincoln St., Woodburn, OR asked if there is an easement for a street through there? She
commented although she does not live near the property, there is a piece of property between her property
and their property with the church on the west side of her property. Mrs. Horsewill stated she would like to
see an easement go through there and a street put in.
Planning Commission Meeting - April I0, 2003
Page 6 of 9
Staff interjected Williams St. is not proposed to be extended through the site.
Lvethel Kaup, 14381 River Rd., Gervais, OR 14381 reported he is one of the owners of the immediate
adjacent property on the west. He commented the problem he has is that they are coming in with an
undersized setback. AdditiOnally, he expressed concerns with the impervious surface as he is immediately
effected by the water. The Iow draw elevation goes on across his and Mrs. Horsewill's property and
something needs to be done there to take care of the water issue during the winter. Moreover, it was Mr.
Kaup's understanding during the mid or early 1950's, it was originally laid out for a street to go across
approximately where Williams Ave. is located. He commented the easement was laid across the Four Square
Church property or off from Park Ave. and it comes off Park and comes over at least to the subject property.
Commissioner Bandelow pointed out an easement would have shown up in the title search at the time of the
sale of the property and that would have been a problem for the purchaser at the time if there were a recorded
easement for a street. Moreover, she indicated the plats show no break at all for any easement and she
assumed that had it shown Up it would have come into play at the time of the sale and the adjoining of the two
pieces of property.
Lvethel Kaup further commented his biggest single problem is the need to control the moisture coming down
across there in case of severe rains.
Staff disclosed when Carol St. is improved they will be required to put in the storm drainage that is necessary
to address probably both sides of Carol St. and the subject site will be required to drain towards that.
Therefore, drainage from the property will not be going off to any vacant lands.
Vice Chairperson Young interjected the landscape plan shows approximately 200 trees that will be in that area
which should help take care of some of the water issues.
APPLICANT REBUTTAL
Craig Clarambeau said they will have a civil engineer design the storm water for the property and there will
be appropriate detention probably built into the parking lots to retain waters at certain flood limits and flows
out into the storm sewer and down Hardcastle Ave. He also commented there were no encumbrances of any
kind of easements in the title search of property.
DISCUSSION
Chairperson Lima closed the public hearing and opened Commission discussion.
Commissioner Bandelow remarked she was pleased to see a project come forward in that area as a single
stow development and felt a senior development is an excellent idea. She stated the project meets the criteria
and the Variances are small and there is less need for yard space in a senior community than you would need
in something that is dealing with young families. Commissioner Bandelow further commented it appears the
applicant met all of the criteria as far as the coverage and thought it is a good project that will enhance that
neighborhood. So far, from what she has seen in the recent Marion County development, have been excellent
well cared for projects and are very attractive.
Commissioner Lonergan agreed with Commissioner Bandelow. He thought it is a good project and a good
use for the property. Additionally, he also agreed that the impact the project will have will be minimal and he
will vote in favor of the project.
Commissioner Vancil also concurred with his fellow Commissioners and he is particularly impressed with the
appearance of the project.
Vice Chairperson Youn,q referred to Staff's comment listed on page 22 of the Staff Report and commented
the 51,541 sq. ft. of landscaping that will be provided by the applicant is ten times more than City
Planning Commission Meeting - April 119, 2003
Page 7 of 9
requirements. He stated that will be a nice addition to that area and a vast improvement as far as streets and
availability to travel through that part of the City.
Chairperson Lima expressed concerns with frequent requests for Variances. He indicated he is unsure if the
Variance for the parking is something that is really called for. It was further stated by Commissioner Lima he
felt comfortable with the explanation given regarding the right-of-way.
Commissioner Lonerqan moved to accept Design Review 02-14, Variance 03-08, Zoning Adjustment 02-03
and Exception to Street Right-of-Way and Street Improvement Requirements 03-02 as presented with all
facts and findings of Staff and the modification to the language of condition of approval Item #16 to read
"Variance approval aflows the reduced parking ratio from 2 to 1.5 spaces per dwelling unit for senior
apartments only". Commissioner Bandelow seconded the motion, which unanimously carried.
ITEMS FOR ACTION
A__~. Final Order for Annexation 01-04, Zone Chanqe 01-03, Conditional Use 02-08, Design Review
02-19, Variance 0~-03, Variance 03-04, Variance 03-05 and Exception to Street Riqht of Way
and ImprovementlRequirements 03-03: Request for annexation of 4.69 acres of land into the
city limits; zone ichange from Marion County "Urban Transition Farm" UTF to City of
Woodburn "Public and Semi-Public (PISP)"; Variance to allow for barbed wire on top of chain
link fence; Varian~:e to allow for a 52 foot high water stora.qe reservoir which exceeds the 35
foot maximum height requirement. Variance to allow for a proposed rear yard setback of less
than the required maximum of 36 feet; Exception to Street Right of Way and Improvement
Requirements to ~allow for reduced Right of Way and the modification of the street cross
section; and Conditional Use and Design Review for a proposed 3,800 square foot treatment
plant, filters, 80,0q0 gallon backwash tank, 2,700,000 gallon storage reservoir and 400 square
foot well house, 828 Parr Road, City of Woodburn, applicant. (Continued from March 13, 2003
Planning Commission Meeting).
Commissioner Loner.qan abstained from voting since he was not present for this hearing.
Commissioner Bandelow moved to approve the Final Order. Motion was seconded by Commissioner Vancil.
Motion carried.
B__~. Final Order for Conditional Use 02-04, Design Review 02-15 and Variance 03-08, proposed 400
sq. ft. well house and variance to street standards, 515 S. Settlemier Ave., City of Woodburn,
applicant.
Commissioner Lon.qeran also abstained from voting for the reason previously stated.
Vice Chairperson Young moved to accept the Final Order as proposed by Staff. Commissioner Bandelow
seconded the motion, which carried.
DISCUSSION ITEMS
None
REPORTS
Building Activity for March 2003
Planning Project Tracking Sheet (revised 4-2-03)
BUSINESS FROM THE COMMISSION
Vice Cha rperson YounR formally invited everyone to an open house to be held in Keizer on April 26~h at 8:00
pm. More information to follow.
Comm ss oner Loner.qan announced he received a flyer requesting the Planning Commission donate a $200
hanging basket which the Commission has done in the past. He stated he will collect payment of $35 from
Planning Commission Meeting - April 10, 2003
Page 8 of 9
46
each Commissioner, if they wish to padicipate in the program.
Commissioner Loner.qan asked Staff if pigeons are allowed to kept in the City?
Staff replied the code states no coupe, stable, barn, cattle or other livestock or poultry shall be permitted on
the premises.
ADJOURNMENT
Commissioner Loner.qan moved to adjourn the meeting. Commissioner Bandelow seconded the motion,
which unanimously carried. Meeting adjourned at 8:48 pm.
APPROVED
CLAUDIO LIMA, CHAIRPERSON
DATE
Jim Mulder,
Community Development Director
City of Woodburn, Oregon
Date
Planning Commission Meeting - April 10, 2003
Page 9 of 9
4.'/
WOODBURN PLANNING COMMISSION
April 24, 2003
CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall Council
Chambers with Chairperson Lima presiding.
ROLL CALL
Chairperson Lima P
Vice Chairperson Young P
Commissioner Vancil P
Commissioner Grigorieff P
Commissioner Mill P
Commissioner Bandelow P
Commissioner Lonergan P
Staff Present:
Jim Mulder, Community Development Director
Naomi Zwerdling, Senior Planner
8H
Chairperson Lima provided an opening statement for Public Hearing.
MINUTES
A.~. Woodburn Plannipg Commission Minutes of April 10, 2003.
Vice Chairperson YounR referred to page 8 Category B - Items for Action and noted his name was left off the
motion. He indicated he thought there was no need for a formal change as far as the minutes to be signed
and remarked the record would reflect that he is the Vice Chairperson.
Staff interjected the change would be made.
Commissioner Bandelow moved to approve the minutes with the addition of Vice Chairperson Royce's name.
Motion was seconded by Commissioner Lonerqan. Motion unanimously carried.
BUSINESS FROM THE AUDIENCE
None
COMMUNICATIONS
A_.~. City Council Minutes of March 24, 2003.
PUBLIC HEARING
A.~. Conditional Use 02-03, Desi.qn Review 02-11 and Variance 03-13, construct 465 sq. ft. chemical
and electrical separation buildinq for an existinq aquatic center, Variance to street standards
on Settlemier Ave., Oak St. and Front St. and provide paved driveway on the existin.q Second
St. ri.qht-of-way, located at 190 Oak St., City of Woodburn, applicant.
EX-PARTE CONTACTS
Commissioner Mill stated he is generally familiar with the site as a customer.
Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff
recommended approval based on the information contained in the Staff Report, the information provided by
the applicant and the applicable criteria subject to the conditions of approval listed in the Staff Report.
Commissioner Mill questioned if the reason for a public hearing on something that could probably have been
administratively approved was because of the changes to the previous site plan review?
Planning Commission Meeting - April 24, 2003
Page 1 of 12
48
Staff replied Type II1 Conditional Use requests require a public hearing. Additionally, it is based on the
modification of the original design review and the Variance.
Vice Chairperson Younq referred to Condition of Approval #2 and questioned if this is from the former
application and not for a 465 sq. ft. building?
Staff reported the applicant proposed two loading spaces for the entire site to be located on the west side and
because the applicant can not locate this off site, the applicant is going to be required to submit a plan
showing those two loading spaces on the site to serve the whole development. The accessory building in on
its own would not have triggered a loading zone requirement. Additionally, she indicated the paving would
be from Oak St. to the proposed accessory building and it is also utilized by the two homes that are on either
side.
Commissioner Lonerqan asked what is keeping traffic from going on from Second St. into the park? He also
questioned what is the current staffing at the pool at any one time?
Staff referred these questiens to the applicant.
Commissioner Loner.qan inquired if there is a problem with parking in the area right now with current usage
of the pool and what, if anything, is being done regarding parking?
Staff deferred the question to the applicant. Staff clarified the Variance is not for parking. The applicant is
not eliminating parking but providing the parking in compliance with the code which allows it to be within 500
ft.
Commissioner Lonerqan pointed out it was agreed that there would be a certain number of parking spaces
when the building was constructed and expressed concerns that the amount of parking has not been met.
Staff commented that is a legitimate concern and the applicant will probably address that problem as well.
He reported he believed the City Council is budgeting some money towards expanding that parking lot.
TESTIMONY BY THE APPLICANT
Randy Rohman, City of Woodburn Public Works Department, 190 Garfield St., Woodburn, OR 97071
explained the reason for the project is because currently there is a mechanical room in the pool that contains
chlorine, muriatic acid, ozone generator and the electrical panels which makes for a highly corrosive
environment. Degradation in the plumbing and electrical panels has occurred at a rate many times what
would normally be expected. Mr. Rohman stated there are people currently moving 55 gallon drums of
chlorine and muriatic acid with the drums stored basically right beside each other in a storage room making
it an unsafe environment. He indicated the separation building will provide a separate area for the chlorine
and muriatic acid and will allow both deliveries into a large tank that will negate the need to move these drums
around. Thus, it will provide a physically separate location for these as well as for the ozone generator and
the electrical panel. Mr. Rohman further reported this will help reduce the risk to the environment and assist
in the preservation and maintenance of the existing plumbing and the equipment that is inside the mechanical
room. He stated you can drive and get from Second St. right into the park as there is approximately 8-10 ft.
path that runs from the parking lot in Settlemier, winds through the park and exits on Second St. The area
where the chemical separation building will be constructed is not improved very well. Moreover, the intent
would be to put some bollards or something of that nature to prevent any additional movement through there.
He also addressed the parking issue and indicated the original intent was that there would be 39 spots
required, 31 out front and 8 in the back. The cost of placing parking spaces in the back got away from them
and they added an additional 7 spots out front for the 38 spots that are out front originally. Mr. Rohman
commented this is the best reconstruction of events he could provide since the people that were involved in
that project are no longer with the City. He also pointed out improving Second St. for 100 ft. dead ending into
the side of the building realistically does not make a whole lot of sense as well as having a bunch of parking
spaces in the back of the building right next to the park. It was estimated by Mr. Rohman there are five or six
Planning Commission Meeting - April 24, 2003
Page 2 of 12
4-9
staff personnel on duty during maximum utilization of the pool. The existing parking is sufficient most of the
time as there is also parking on First St. and the parking area is generally sufficient. However, parking is not
sufficient when there are very large events, i.e., swim meets, and people spill onto City lots. He further
indicated they are trying to do something they feel is logical and that makes sense. The community center
proposal added some increased parking.
Commissioner Lonergan questioned if there is any parking off Oak St.?
Randy Rohman responded; there is a path that winds back to that area and there is some pedestrian access
which is considered part of the park but it is actually still an existing Third St. right-of-way.
Commissioner Lonerqan agreed with Mr. Rohman's assessment of Second St. in that it does not make sense
to improve it and was pleased to see the additional parking spots there. However, he expressed concerns
about security of the chemicals to be stored in the building and felt it is now sort of an open invitation for
people to drive through.
Randy Rohman interjected he is not aware of anybody actually driving back there and has not heard of any
problems. He indicated the only people he is aware of driving back in that area are the parks maintenance
personnel and they do so for regular maintenance activities which they will continue to do. The area may also
be used on a minor basis by the Public Works and Parks Departments for large City employee picnics.
Commissioner Lonergan inquired if the City has options on any of the property in that area? He also asked
about security for the area?
Randy Rohman replied there are no options for the City regarding the purchase of any property, however, it
has been discussed from time to time. He referred to the security issue and reported there are certain door
requirements for the building and they plan on getting a very secure locking system for the door. Mr. Rohman
further disclosed the building will have a containment structure and the bulk chemical storage is set inside a
basin so if the tank were to spring a leak the basin would hold the entire contents of the tank. He pointed out
this is one of the things we currently do not have with the 55 gallon drum because it sits on the floor which is
one of the things they are concerned about.
Commissioner Mill recalled back in the 1980's there were a couple of bollards and a chain with reflectors
hanging off it that prevented access down that driveway into the park.
Randy Rohman stated there may have been however, to the best of his knowledge there isn't one now. He
commented although it is not shown on the plans, they intend on doing something similar to that.
Vice Chairperson Younq asked how many gallons does the bulk tank hold?
Randy Rohman answered they are vacillating right now between 350 and 500 gallons. He reported it was
currently designed for a 500 gallon and they will probably end up with a 500 gallon tank. Furthermore, it will
have deliveries of 350 gallons of chlorine or muriatic acid.
Chairperson Lima asked what will the connection be between the chemicals and the pool itself?
Randy Rohman explained there will be pumps located in each of the rooms; a conduit will run underground
into the mechanical room; there will be tubing that will run from the mechanical room and connect to where
the various chemicals are to be mixed with the water.
Chairperson Lima inquired about the noise level to be generated by the pumps and what will the timetable will
be as far as commencement of the project?
Randy Rohman reported these are small electrical pumps a fraction of a horsepower and could hardly be
Planning Commission Meeting - April 24, 2003
Page 3 of 12
150
heard when standing next to them. They will be going out for bids for the project as soon as the project is
approved and anticipate starting construction hopefully in June and completed by fall.
TESTIMONY BY PROPONENTS
None
TESTIMONY BY OPPONENTS
None
DISCUSSION
Chairperson Lima closed the public hearing and opened Commission discussion.
Vice Chairperson Young remarked it looked like from the comments provided by the applicant that we are
short one parking space from the original design plan. He did not see whether one or even eight more parking
spaces would eliminate the parking problems that are created during peak time events. He thought this would
be a great addition looking at it from a safety standpoint with not having people move 55 gallon drums as well
as there will be better containment. Moreover, there will be a better delivery system with the delivery dock
incorporated and the ability of the overflow to collect as much material. He commented he felt it is a good
project and will vote in favor of it.
Commissioner Loner.qan stated he will also vote in favor of the project as it is a good design. However, he
is definitely against any parking on that end of the building as there is a lot of foot traffic that comes through
Second St. He voiced concerns with the paving of the 100 ft. on Second St. and worried that any new
pavement could be an open invitation for unauthorized use since there are two homes on both sides of the
street that utilize that as a driveway. He indicated there are times there are more cars in the driveway than
people can be in the homes. Commissioner Lonergan also stated the City should be concerned with traffic
that might move on into the park and the City should have a strong responsibility in doing what they can to
keep vehicle traffic away from that area. He expressed his disappointment in that there are no options to try
to pick up future property for additional parking for Settlemier Park. Settlemier Park is a center of Woodburn
and the City has been committed to that as being where we want recreation to take place. In closing, he
remarked he favors the Conditional Use and Design Review.
Commissioner Mill was unaware of the hazardous materials issue and was very glad that this structure is
being built and close attention is now being paid to that. He shared Commissioner Lonergan's concerns in
part regarding the Settlemier Park security and unauthorized use issue. Moreover, he also expressed
concerns pertaining to the paving being an open pathway to create potential problems. Commissioner Mill
commented the City may want to revisit placing an alarm system on the building because chlorine and muriatic
acid combined may become a localized aerial burning problem and people may quickly end up with unhealthy
lungs.
Commissioner Vancil remarked the project looks great and he would support it. He suggested the
recommendation of signage pertaining to City parking lots directing them to other parking availability when
there are big events taking place.
Vice Chairperson Young commented there is a need for access to the delivery area from Second St. so
trucks can get in to make deliveries safely.
Chairperson Lima also favored the project and shared Commissioner Mill's concerns about security in that
area and the paved portion of Second St. issue. He also hoped the applicant properly addressed the
Commission's concerns.
Commissioner Bandelow moved to approve Conditional 02-03, Design Review 02-11 and Variance 03-13 and
instructed Staff return with findings. Commissioner Mill seconded the motion, which unanimously carried.
Planning Commission Meeting - April 24, 2003
Page 4 of 12
$!
B__: Design Review 0~-12 and Variance 03-01, proposed 4,250 sq. ft. addition on the west side and
6,000 sq. ft. additlon on the east side for a total of 10,250 sq. ft. to Coastal Farm buildinq and
a Variance reque~st to waive construction of 6 ft. wall in lieu of existing berms, fences and
plantings located at 1550 Mt. Hood Ave., Coastal Farm, applicant.
EX-PARTE CONTACTS
Commissioner Mill reported he lives in the area of the proposed project and is very familiar with the site.
Additionally, he has been involved with the property owners and the City trying to get them to adequately
secure and fence that area. However, he stated this will not prevent him from making a decision on the
project.
Chairperson Lima also disclosed he is very familiar with the area.
Staff read the applicable ORS Statement and a presentation as reflected in the Staff Report was provided.
Based on the information in the Staff Report, the information provided by the applicant and the applicable
review criteria findings required to approve Design Review 02-12 could be made. Findings required to
approve Variance 03-01 could not be made. Staff recommended approval of Design Review 02-12 subject
to the conditions of approval listed in the Staff Report and Staff did not recommend approval of the applicant's
proposed Variance.
Commissioner Vancil questioned whether there have been any complaints by neighbors about noise or of this
property being a nuisance with the existing 28,000 sq. ft. structure?
Staff responded no one presently in the Planning Division was with the City at the time the Site Plan Review
occurred. Therefore, they are not aware what issues were brought up when they originally built the building
and nobody currently with the Planning Division received any requests or complaints about that. However,
a letter was received from an adjacent property owner who owns commercial businesses around the Mt.
Jefferson Ave. area opposing the Variance.
Commissioner Vancil did not understand how the additional square footage will create additional noise or
nuisance to the neighborhood than what currently exists. He further expressed confusion regarding Staff's
recommendation of not allowing the Variance.
Staff remarked Staff's recommendation is just Staff's recommendation and Commissioners may or may not
agree with it.
TESTIMONY BY THE APPLICANT
Whaan.qa Kewene, P.O. Box 2251, Eu.qene, OR 97402 represented Coastal Farm and Home Supply. He
clarified Coastal Farm is part of the total development that was originally developed by Bi-Mart and referred
to the map on the wall and pointed out the portion of land that is not part of Coastal Farm. The 35,100 sq. ft.
facility is existing covered, with the exception of the walls. He further disclosed the only new addition is the
4,250 sq. ft. facility, which is really an outdoor loading dock/receiving area and all they are doing is basically
covering it so that deliveries are made out of the weather. It was further stated by Mr. Kewene that the
building was built and constructed with the intent, at some future time, to actually fully enclose it. He
mentioned the reference made on page 24 of the Staff Report regarding the existing non-compliant signs and
there are no records ora permit issued. Mr. Kewene provided and submitted into the record a copy of Building
Permit #98-2-23 dated January 30, 1998 and Electrical Permit #98-00-807 dated February 2, 1998 showing
compliance of the Sign Ordinance. He also referenced page 26 of the Staff Report and clarified the existing
structure was built in late 1997 and completed in January-February 1998 and opened shortly thereafter in the
Spring. Concerns were expressed by Mr. Kewene regarding the wall requirement and the costs involved. He
reported it will cost approximately $400,000-$450,000 to construct a brick wall which is an estimate at this
point considering the fact that the existing dirt will have to be removed along the back wall in order to put the
wall in. The impact on the surrounding area will not change as there is no expansion on business and it is
actually to facilitate more effective use within the existing facility. Mr. Kewene noted they are being forced,"if
you will", as a result of a code change to accommodate those changes. Moreover, to be able to effectively
Planning Commission Meeting - April 24, 2003
Page 5 of 12
52
do business in their existing facility, they are being placed in a position to substantially spend considerable
amount of dollars which quite frankly are difficult to offset even over time. He agreed with the statement
regarding minimizing negative impacts of the proposed use from the existing residential dwellings to the south
and he pointed out they are minimized in the way their operation functions and having no complaints from
residents speaks to that effect. Their position in terms of their business is to also be mindful of the community
and they have successfully done that in other locations throughout the State. Mr. Kewene also referred to
page 27 of the report and said the walls will add some visual impact but this had not been studied as it is
perceived not to be a major impact because it is within an enclosed fenced area. Moreover, there is no
observable noise other than just normal moving activity.
Joe Williams, 1820 Gypsy ~.ane, Salem, OR stated the footings are in place for the brick wall and they would
only be adding a 10 ft. high CMU brick wall continuing the wall elevation all the way around the building rather
than fencing. He remarked the wall will eliminate much of the noise of forklifts and dock noise of trucks. Mr.
Williams further mentioned the requirement of removing the berm will be incredibly expensive and time
consuming. Moreover, from a construction standpoint he believed the Building Department would require that
any fill be removed before Stacking a 7 ft. high brick wall on top of it because you can not pour a footing into
fill. It was also reported by Mr. Williams that replacing the existing fence area and putting the wall in its place
is not a viable option as the existing fence is on the property that does not belong to Coastal Farm.
Additionally, the garden center is in the covered area and there is a demising wall between the interior and
exterior retail space. Their proposal is to enclose that space and have the garden center inside the building
rather than having a wall and a glass door to go out in to it.
Chairperson Lima questioned what is the applicant's relationship to Bi-Mart?
Whaan.qa Kewene interjected there is no relationship or partnership with Bi-Mart and the only relationship was
in the acquisition of the land and currently in the context of sharing parking and common area.
Commissioner Bandelow pointed out there have been some complaints that have come before the
Commission one of which concerns the break in the fence and the traffic through the Coastal Farm property
through the break in the fence. She inquired if they know where that has occurred?
Joe Williams replied he was unaware of this issue.
Commissioner Mill asked who is the owner of the property where the break is which is roughly even with the
west edge of the building and north of the Shop-N-Kart property up to Mt. Hood Ave.?
Whaanqa Kewene replied he is unfamiliar with the owner of that property but it is not Coastal Farm property.
Staff interjected the application materials show that this property is a flag lot and that is the stem of this
property.
Whaanqa Kewene reiterated it is not Coastal Farm property because that property is the actual back driveway
of the Shop-N-Kart building and Shop-N-Kart recently re-paved that whole area. Mr. Kewene also said there
would have been no economic reason for Coastal Farm to acquire that portion of property.
Commissioner Mill questioned if a title search was done on that property?
Staff responded the Marion County Assessor map shows the stem portion of that flag lot and the legal
description only describes Tax Lot 1500.
Whaanqa Kewene reported he was originally partly involved in that process and never at any time in any of
the negotiations did that piece ever show itself in any of the documentation they have. However, he agreed
it is an issue that needed to be clarified.
Planning Commission Meeting - April 24, 2003
Page 6 of 12
53
Staff remarked Staff's recommendation for the wall was based on that being the applicant's property and the
information given to Staff by the applicant in their application materials indicated that was a stem of a flag lot.
However, Staff would change their recommendation for that portion of the property if the applicant could
provide evidence that they do not own that property.
Whaanqa Kewene further indicated the proposed project would not change the footprint of the original
building. The existing chain link fence with slats belongs to Coastal Farm and was built as part of the approval
in 1998. He pointed out never at any time was the back property part of any of that consideration.
Chairperson Lima disclosed he lives about 1,000 ft. from this property and is somewhat surprised to hear that
there has only been one formal compliant. He reported the owner of a duplex in the area has been in contact
with the property owners of Bi-Mart and over a period of time they were given the runaround as to who owned
and was responsible for the property. Chairperson Lima indicated the area in question has been nothing but
a sore spot for a long period of time. It is an area where transients get together to eat, drink, urinate and
defecate. Moreover, he said the police have been called on various occasions and he is surprised that the
applicant was not aware of this issue. Furthermore, there is a break in the fence that they have tried to fix by
approaching what theywere told were the property owners. This has never been taken care of because some
of the property owners in the area can not fully identify who the owner is.
Staff distributed an actual copy of the final partition plat for that partition which clearly identified the stem of
the flag lot and identified Coastal Farm as the owner of that stem. However, Staff said it is possible that Shop-
N-Kart may have an easement to use that property for access but they do not own it.
Whaanqa Kewene interposed although he did not have the file with him, he is certainly happy to verify that
never in any of the discussions he had has he been made aware of that link. Moreover, he knows it would
have been very surprising for Bruce Wheeler, owner of Coastal Farm because there would have been no
value to having that stem as part of the property.
Commissioner Vancil asked if truck traffic does not come in through that area to make deliveries?
Whaanqa Kewene answered truck traffic originated from all directions because of the common easement for
all delivery trucks. He stated although it looks like the stem is part of the driveway coming behind the grocery
store, he could not honestly answer that question because all of this is unfamiliar to him.
Commissioner Mill commented he could answer that question for Mr. Kewene in that it is the driveway going
back in there from Mt. Hood Ave. There is the small 3 ft. fence and there is about a 2-3 ft. planting strip and
there is a rounded curb and driveway that goes all the way back behind Shop-N-Kart, makes a sharp turn and
then has access into the Coastal Farm store area.
Commissioner Lonerqan questioned if this is the first time Mr. Kewene heard the City's position indicating that
as Coastal Farm's property?
Whaan.qa Kewene replied affirmatively. He said they were totally surprised to hear the statement made
pursuant to the stem because never in their mind set was that stem even there as part of Coastal's real estate
ownership.
A slide presentation illustrating the existing operations of the building was provided by Mr. Kewene and Mr.
Williams.
Commissioner Lonerqan asked what are the shipping and receiving time frames during the normal hours of
operation?
Joe Williams responded typically they receive between 9:00 am - 4:00 pm. The store is open until 8:00 pm
and he is unaware of any deliveries made later than 4:00 pm.
Planning Commission Meeting - April 24, 2003
Page 7 of 12
154
Vice Chairperson Younq inquired what is the applicant's proposal regarding the refuse container if the area
where they currently have it is enclosed?
Joe Williams indicated they did not address that on their plan but he assumed by Staff's comments that they
will need to construct a CMU garbage enclosure.
Commissioner Bandelow asked if there is an exit from the building on the south wall or is it a solid wall all the
way?
Joe Williams answered it is a solid wall, however, there are two emergency exits located there.
TESTIMONY BY PROPONENTS
Steve Koffin, 322 McLouqhlin Blvd., Woodburn, OR 97071 represented the Hood View Church of God. He
remarked the church is located on the piece of property immediately to the west of the proposed project. The
cyclone fence and the berm have been a very important pad as far as the church is concerned. He indicated
they are concerned with Staff's request for a structured fence between these two pieces of property. Mr.
Koffin stated the grass covered berm and chain link fence put in by Coastal Farm has worked very well.
Environmentally speaking the berm is better than a structured wall because the berm is behind the chain link
fence on the church side and there have been no graffiti attempts or attempts to tear down the fence which
have occurred in other pads along that properly line. It was also indicated by Mr. Koffin that type of fencing
would not matter because there is a continuous traffic pattern going across the church property from the break
to the street. He said the owners got tired of repairing the fence at a fairly substantial expense and finally put
in two posts and left an open gateway. Since then, they have had no broken fences nor graffiti on the other
podion of the fence. Additionally, he commented he is yet to see a graffiti proof wall that is actually graffiti
proof. A structured fence would cause an unneeded expense for Coastal Farm and Hoodview Church of God
as they would have to spend time and money removing the graffiti. Moreover, a cement block would require
a substantial foundation to hold it upright and anchor permanently resulting in substantial digging at the current
fence line which is 8 ft. from a row of trees and would cause damage to the root system. Fudhermore, Mr.
Koffin said there have been ongoing problems by the fence with drinking, urination and defecation. In closing,
Mr. Koffin commented this is a classic case of "if it ain't broke, don't fix it". What is currently in place is very
effective, ecologically sound and so far, vandal proof and he believed Coastal Farm could not improve on it.
Chairperson Lima asked Mr. Koffin what is his relationship with the Hood View Church of God?
Steve Koffin responded he is the Chairman of the Board.
Commissioner Bandelow asked Mr. Koffin if people are using the break as a shodcut from the street?
Steve Koffin said the traffic is coming from the back street south of Hood View from a very large residential
area which all feeds and literally comes at a 45 degree angle from the southwest corner of the church properly
right to that break. He informed the Commission the break is right at the back wall of Shop-N-Karl beyond
the berm. Mr. Koffin indicated it is human nature for people to take the shod cut rather than the long way.
Commissioner Loner,qan questioned Mr. Koffin if the church owns all of the diagonal portion of property?
Steve Koffin answered affirmatively. The property was developed with the idea that there be public access.
He stated there have been several soccer leagues that played in that area regularly over the years and some
of the residents that reside back there have also used the area as playgrounds when they have mass family
gatherings and the church has had no problems with that. Mr. Koffin fudher remarked he does not have an
answer on how to stop the nuisances from occurring. It was assumed by Mr. Koffin that Shop-N-Kart were
the owners of that property because they use that driveway 90% of the time. Additionally, he reported
although there is no noise coming from the Coastal Farm area, they do get a lot of noise even on Sunday
mornings from Shop-N-Karl because they have trucks going in almost 24 hours a day - seven days a week.
Planning Commission Meeting - April 24, 2003
Page 8 of 12
TESTIMONY BY OPPONENTS
None
DISCUSSION
Chairperson Lima closed the public hearing and opened discussion among the Commissioners.
Staff stated he has no doubt the owner of Coastal Farm's property owns that stem based on the copy of the
partition plat that is recorded with the County. Additionally, the exhibit contained in the packet provided by the
applicant clearly identified that stem. Therefore, Staff based their decision on what the applicant provided and
what Staff's records show as recorded with Marion County. All of the plans submitted by the applicant as well
as the exhibits utilized for the presentation have that shown as being part of their property.
Commissioner Bandelow recommended against continuation since the applicant's own documentation,
including the exhibits contained in the presentation, show that as being part of their property. The evidence
brought in by Staff and applicant both show the stem as being part of the property and it was her opinion that
the Commission has to go under the assumption that all of the information included in the presentation is
accurate.
Vice Chairperson Young recommended to continue on with the hearing. The applicant will have the
opportunity to appeal the decision at the City Council level if they wish to do so.
Chairperson Lima requested clarification regarding Condition of Approval Item #10 regarding signage.
Staff explained because Staff noticed the signage on the building did not appear to conform with the Sign
Ordinance because there are multiple signs where in an integrated business center you are only allowed one
sign. Research was done to locate a record of a permit that would have allowed that. None was located but
Mr. Kewene provided Staff with their copy of a permit. Therefore, it appeared that it was permitted but the
condition just states that signage will be brought into compliance prior to issuance of a permit. Staff further
clarified the intention of the condition was to allow Staff to confirm that the signage was allowed and if it
wasn't, the applicant would need to bring it into compliance, via Variance or removal of signage. He reiterated
Staff will confirm prior to issuance of a permit that the signage presently on the building was permitted.
Chairperson Lima voiced concerns in that the applicant was unaware that the stem was part of their property.
Commissioner Bandelow commented she has no issues as far as the expansions. However, she expressed
concerns regarding the Variance pertaining to the wall and requested further clarification from her fellow
Commissioners. Mr. Koffin made some really good points about graffiti and by providing the position of the
church on the property on the west side. She indicated she did not want the Commission do something that
will cause further problems. Commissioner Bandelow stated there are some pretty unsightly areas there and
she thought it causes hardship on the properties to have to view the open storage areas.
Commissioner Mill provided some history on the evolution of this issue. In 1992-93 Bi-Mart and Shop-N-Kart
were developed and the Coastal Farm site was as yet undeveloped. The berm was built with no fence in
existence and the buildings opened for operation without any fencing being there whatsoever. Immediately
there started to be problems with public urination out in plain view; large cardboard boxes opened up and laid
down on the berm and there were syringes, underwear and various used prophylactics found. This was
occurring in full view of the Hood View Church of God preschool. Commissioner Mill further narrated his
neighborhood and members of the Hood View Church of God filled the whole chamber at a City Council
meeting and testified something needed to be done about the situation. A fence was constructed as a result
of descending in mass upon the City Council. Ironically about a week into the fence construction the City
came along and stopped the fence construction because a permit was needed. Eventually, the fence got built
at a 6 fl. height with slats. Commissioner Mill stated the people that were still doing the deeds behind the
fence removed the slats in certain strategic points so they could watch for police and be aware of what was
going on. They continued to have problems including out of control camp fires behind the property. People
Planning Commission Meeting - April 24, 2003
Page 9 of 12
156
were going over the fence continually when finally one of the neighbors witnessed kids coming out from the
church youth group physically tearing the fence apart so that they would have access to Shop-N-Kart. This
situation continued and there were several confrontations that occurred in the field with people going back and
forth and trying to maintain the fence and as soon as it was put up it was immediately torn down. Moreover,
he related it soon began to be literally regarded by some of the more less law abiding folks that this was their
fence and pathway and nobodywas going to stop them from going through there. Commissioner Mill recalled
Staff having quite a bit of problems trying to find out who in fact was responsible for repairing the fence and
stopping the shopping carts from getting into the field. As per his recollection of what Staff informed him back
then, the two bollards were placed by the Shop-N-Kart owner. He remarked there have always been a graffiti
issue with many of the surrounding fences being hit. Based on the discussions he has had with the church,
the church seems to think that graffiti is some type of a retaliation if they somehow restrict access or anger
these people that the fence will immediately be a target. He commented he disagreed for personal and private
reasons with that because there is no basis and fact for that opinion. However, the pathway is in full use any
time the stores are in operation day and night. Moreover, assaults have occurred out in the field particularly
during the summer months. The grass behind the fenced area grows extremely high and it does not get cut
or mowed until it is brought to the attention of someone or sometimes it just simply never gets cut and just
dries up. Although he is unaware whether the wall will solve the problem completely, the wall can certainly
mitigate the problem substantially and be a better thing for the surrounding neighborhood.
Chairperson Lima commented he was somewhat disappointed with a portion of Mr. Koffin's testimony which
appeared to condone what has been occurring there for many years.
Vice Chairperson Young expressed concerns with the tall grass, unattended trees and debris and felt there
should be a better way to contain that area.
Commissioner Vancil remarked he is not convinced that a wall is going to fix the neighborhood problem. He
felt it is unreasonable to add a $400,000 wall to a $100,000 project when the footprint of the property is
basically not going to change other than they are going to solidify what is currently visible through walls into
being permanent walls. Commissioner Vancil pointed out the Commission has consistently given Variances
when we look at those kinds of numbers and hardships put on applicants. Additionally, he disclosed he has
lived in Woodburn for a long time and read about the issues Commissioner Mill talked about when the
complex first went in and pointed out the applicant was not even in town at that time. He did not see how a
solid fence will get rid of the trash and indecency and felt that is a Police Code Enforcement issue and not a
zoning issue. He recommended the Commission grant the Variance.
Commissioner Gri.qorieff said she is a resident of the area and has seen it all before. She indicated she
understood why the applicant is asking for the Variance as the wall is a huge expense. However, we have
to realize the City instituted rules and regulations for a reason. Commissioner Grigorieff agreed with the City
as the information received from Coastal Farm indicates they were aware they own the driveway. She
remarked she would personally reject the Variance because of the things she has seen occur behind the
fence. However, perhaps if that were blocked off these things might not be happening.
Commissioner Bandelow inquired if it is possible to do wall and fence rather than wall or fence?
Staff replied affirmatively. He explained the Commission could condition that the wall be put in some
locations. Along the back of the building the wall would not be necessary because the building is actually the
wall.
There was additional discussion among the Commissioners regarding the fence and wall issue.
Commissioner Lonergan favored the design review and thought it would be a good addition. He commented
Coastal Farm has historically run a very professional operation and it is a good asset to the City of Woodburn
and he would like to see more retail operations run at that professional level. However, he was appalled that
they do not accept the fact that they are not a good neighbor. As a business, they have an obligation to be
Planning Commission Meeting - April 24, 2003
Page 10 of 12
57 ~
concerned and do what they can to stop nuisances. He was also disappointed to hear a neighbor state that
the property has not been maintained as far as the landscaping and he expressed concerns with a fence being
erected which would hide the area even more. Commissioner Lonergan wanted proof of the $400,000 cost
for the fence. In closing, he voiced his support regarding Staff's position.
Vice Chairperson Younq commented the standard conditions of approval that are included in just about every
Commission packet have been sort of ignored in the past from their application from when they initially built
the building. He also stated although they are a great business, there are some areas that have been ignored.
Commissioner Mill clarified it was not his intention to malign Coastal Farm during his presentation of the
history and does not hold any malice towards the store. He further remarked he does shop there and has no
problem with the business. However, he is trying to look at the application as it comes across with the
background that he has in the area.
Commissioner Bandelow stated the wall requirement is to separate the two types of areas and it is designed
to provide some real separation. She noted the developers of the Montebello subdivision also threw out at
the beginning of their project astronomical figures for the cost of the wall and when they constructed the
interlocking block wall the cost came in at about 25% of the original figure. She also noted the documentation
establishes Coastal Farm as the owner of the stem. Seeing no alternative to the issues, Commissioner
Bandelow conveyed she would vote in favor of the Design Review but against the Variance allowing a fence
only.
Commissioner Vancil commented he was not certain at all in his mind that the wall is going to solve the
problems discussed tonight. He recommended to Staff and the property owner that the issue of access to
the back of the building in terms of securing that area be addressed if this project goes forward. The wall will
simply hide not eliminate the nuisance.
Chairperson Lima restated the wall requirement is designed to separate two types of uses. Moreover, some
of the Commissioners think this is going to significantly curtail the type of use that is currently occurring. He
noted Coastal Farm is a good clean business with an excellent variety of items. It was noted by Chairperson
Lima that he is a regular Coastal Farm patron and indicated he will continue to shop there no matter what the
outcome is tonight.
Commissioner Mill moved to approve Design Review 02-12 and deny Variance 03-01 as stated in the Staff
Report and instructed Staff return at the next meeting with facts and findings to support this. Motion was
seconded by Commissioner Bandelow.
Staff interjected there may not be a unanimous vote on this motion because the Variance was included in the
motion. He suggested to vote on the Design Review and Variance separately. He further clarified the
conditions regarding the wall states the wall would be required to be constructed from the north point and
includes the back of the wall along the south property line. The Variance or conditions would need to be
modified if the Commission wished for something other than that.
Commissioner Mill withdrew his previous motion and Commissioner Bandelow withdrew her second to that
motion.
A motion was made to vote separately for Design Review 02-12 and do the same for Variance 03-01.
Commissioner Mill moved to approve Design Review 02-12 as proposed by Staff subject to the conditions of
approval and instructed Staff return with facts and findings. Vice Chairperson Young seconded the motion,
which carried unanimously.
Commissioner Loner.qan interjected where would the Commission be if they did not act on the Variance and
spent some time looking at options and have Staff return with different design options?
Staff advised the Commission take action tonight because there is no leeway on the 120-day rule unless the
applicant were willing to waive that rule.
Commissioner Bandelow asked Staff if the applicant has the right to come back with a revised Variance if the
Variance is denied tonight?
Planning Commission Meeting - April 24, 2003 ~58 Page 1 1 of 12
Staff replied the applicant's alternative would be to appeal the decision regarding the Variance to the City
Council.
Motion was made by Commissioner Mill to deny Variance 03-01 and instructed Staff return at the next
regularly scheduled meeting with facts and findings to support the denial. Commissioner Bandelow seconded
the motion. Motion carried with Commissioner Vancil voting No.
ITEMS FOR ACTION
Commissioner Mill abstained from voting on the Final Orders as he was not present at the last meeting.
A. Final Order for Conditional Use 02-05, Design Review 02-16, Variance 03-06 and Variance 03-
07, proposed 3,8090 sq. ft. water treatment plant, filters, 80,000 gallon backwash tank and
300,000 gallon storage reservoir; Variance to street standards; and Variance to allow for a
barbed wire fence, 1084 Country Club Rd., City of Woodburn, applicant.
Commissioner Lonerqan moved to accept the Final Order and Commissioner Vancil seconded the motion.
Motion unanimously carried.
B. Final Order for Conditional Use 02-06, Design 02-17, Variance 03-09 and Variance 03-10,
proposed 3,800 sq. ft. water treatment plant, filters, 80,000 gallon backwash tank and 1,700,000
gallon storage reservoir; Variance to maximum allowed height; and Variance to allow for a
barbed fence to be located closer than 150 feet from the public street, 2225 National Way. City
of Woodburn, applicant.
Motion was made byCommissioner Loner.qan to accept the Final Order as presented by Staff. Commissioner
Bandelow seconded the motion, which carried unanimously.
Final Order for Design Review 02-14, Variance 03-08, Zoning Adjustment 02-03 and Exception
to Street Right-of-Way and Street Improvement Requirements 03-02, proposed 36 unit elderly
apartment project; Variance to allow for a reduction of the required parkin_~ spaces; zonin_~
adjustment to the required front yard and interior yard setbacks and an exception to the street
standards on Carol Street, north of E. Lincoln Street, south of Hardcastle Avenue, west of
Carol Street and east of Park Avenue, Rambeau Development, applicant.
Commissioner Lonerqan made a motion to accept the Final Order as presented by Staff.
seconded by Commissioner Bandelow. Motion unanimously carried.
Motion was
DISCUSSION ITEMS
Commissioner Gri.qorieff noted there is a drive thru ATM machine by Safeway and wondered if that was
approved?
Staff clarified the drive thru ATM machine did go through administrative design review because it is less than
1,000 sq. ft. and is not required to go before the Commission.
REPORTS
None
BUSINESS FROM THE COMMISSION
Commissioner Loner.qan provided copies of flyers regarding the City Hanging Baskets program and
announced he will accept any and all donations towards a $200 basket. A $35 contribution was set for each
Commissioner.
ADJOURNMENT
Motion was made and seconded to adjourn the meeting. Motion carried. Meeting adjourned at 10:00 pm.
APPROVED
CLAUDIO LIMA, CHAIRPERSON
DATE
ATTEST
Jim Mulder,
Community Development Director
City of Woodburn, Oregon
Date
Planning Commission Meeting - April 24, 2003 159 Page 12 of 12
STRATEGIC PLAN 2002-2006
60
WOODBURN PUBLIC LIBRARY
2002-2006 STRATEGIC PLAN
Library Board Members
Ardis Knauf, President
Kay Kuka, Past President
Marie Brown
Patricia Will
Vasily Chernishov
Mary Chadwick
Colleen Vancil
Phyllis Bauer, Former Member
Kevin Schiedler, Former Member
Barbara Pugh, Former Member
Library Staff Members
Donna Melendez, Librarian
Judy Brunkal, Librarian
Beverly Phillips, Librarian
Christine Mackie, Librarian
Dan Peterson, Asst. Director
Shirley Baumgardner, Lib. Asst
Judy Coreson, Clerk III, Secretary
Linda Sprauer, Library Director
Focus Group Members
Audrey Pister, Home School parent
Ulita Seleznev, Former library employee & First Grade Teacher
Alex Shevchuk, Patron
Gene Rocha, Patron
Tammy Murray, Home School & Home School Newsletter editor Patron
Catherine Harding, Home School parent
Trina Chapman, Parent
Cameron Anglund, High School Student
Maria Martinli, Parent
Elaine G., Parent
61
Table of Contents
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INTRODUCTION
VISION STATEMENT AND LIBRARY CORE VALUES
MISSION STATEMENT
GOAL ONE - Reach out for all
GOAL TWO - Make the Library a better place
GOAL THREE - Promote reading, enjoyment and lifelong learning
GOAL FOUR - Provide excellent customer service
GOAL FIVE - Personal and/or community heritage
PRIORITIES FOR SERVICES
DEMOGRAPHICS OF WOODBURN and MARION COUNTY, OREGON
Introduction
With this strategic plan, Woodburn Public Library looks ahead three years to
anticipate the needs of the changing community and how best to meet those needs. In
the Fall of 2001 Linda Sprauer, Library Director, began working with a team consisting
of library board and staff members to create a new strategic plan for the Library
covering years July 2002 through June 2006. In about eight months, the team held a
series of meetings to brainstorm ideas, crafted five major goal areas, held discussion
sessions with a focus group, and set forth specific measurable strategies.
The team began by reviewing other strategic plans in public libraries. They
hosted a session with MaryKay Dahlgreen, of the Oregon State library, in a training
session on "How to Begin to Plan." They studied demographic information on the City
of Woodburn, Oregon. One commonly held desire was to create a plan that would take
library services deeper into the community for the greater benefit of all residents. Some
of the resources used by the team were:
· The New Planning for Results: A Streamlined Approach, by Sandra S. Nelson,
2001. A classic resource, Planning for Results has long served to help public
librarians envision, evaluate, and respond to community needs with distinctive
programs and services. The New Planning for Results continues that tradition in
an all-in-one guide that outlines a tested, results-driven planning process --
revamped and streamlined to enable libraries to respond quickly to rapidly
changing environments. This newly revised and updated work by the Public
Library Association outlines service responses libraries can provide for their
communities such as: basic literacy; business and career information; community
referral; formal learning support; government information; local history and
genealogy; and lifelong learning. Nelson is a consultant and trainer specializing
in public library planning management, and staff development.
· Multnomah County's Strategic Plan
· Wilsonville Public Library's Long Range Plan
· McMinnville Public Library's 1999-2005 Strategic Plan
The team brain stormed several versions of a new mission statement that would
lead the Library in the new millennium. Once the mission statement was finalized to
give direction with stated values as guidelines, the Plan pretty well created itself to show
how to achieve the mission. Using community group input, research material, staff input
and the team's own ideas, five goal areas emerged to form the outline of the plan. The
strategies to reach the goals include ideas from staff and the management team. Some
of the ideas of the 2002/03 budget objectives are derived from the team's early work.
Proudly this new Strategic Plan is presented in the hope that the implementation
of these strategies will make a positive difference in peoples' lives.
VISION STATEMENT
The City of Woodburn's governing body, the City Council, met in a workshop and
developed the following vision statement:
Woodburn will be a vibrant, fulbservice, markevbased
community that retains its small town feel and values.
Woodburn will be a community of unity, pride, and
charm.
It will be a sustainable, but technologically advanced
community with a functional multi-modal
transportation system.
Woodburn will thrive as a regional focus for
the advancement and enjoyment of the arts, culture,
leisure and recreational activities,
and be ...
A GREAT PLACE TO LIVE.
64
LIBRARY CORE VALUES
1. The Library is driven by community needs.
Free basic library services are offered to our community.
A person's right to use a library will not be denied or abridged because of
origin, age, background, or views.
The Library actively promotes and defends the principles of intellectual
freedom and acquires materials which represent the widest diversity of
views and expressions.
5. We value our patrons.
6. We value our employees.
7. We encourage innovation and creativity.
8. We actively promote our services and the use of our collections by all
segments of our diverse populations.
9. We provide materials and services which lead to an informed and literate
citizenry.
10. We value ethical, fiscally responsible stewardship of public resources.
ge
MISSION STATEMENT
The mission of the Woodburn Public Library is
to promote literacy, lifelong learning and the
enjoyment of reading by providing a strong
local collection in varied formats and languages
with additional availability of materials through
Interlibrary Loans. The library will acquire the
best information resources to meet the needs
of the community. Additionally, the Library's
mission is to provide excellent, professional
services and programs, bridging the wide range
of age and cultural groups of Woodburn.
66
GOAL ONE: Reach out for all
SERVICE RESPONSE: Cultural Awareness
GOAL: THE LIBRARY WILL RECOGNIZE THE CULTURAL DIVERSITY
OF OUR COMMUNITY.
OBJECTIVE 1: All patrons will feel welcome at the library.
A. An informal survey will be administered to learn what materials and services
the patrons would like to see offered by the Woodburn Public Library and
how the library can be more user friendly.
B. The Spanish Language collection will be evaluated for currency and usage
and expanded to better serve the needs and interests of the Hispanic
population of Woodburn. At least 100 new items will be added to the
adult collection and at least 50 new items will be added to the youth
services collection each year.
C. The Russian Language collection will be evaluated for currency and usage
and expanded to better serve the needs and interests of the Russian-
speaking population of Woodburn. At least 100 new items will be added
to the adult collection and at least 50 new items will be added to the youth
services collection each year.
The English Language collection will be evaluated for currency and usage
and expanded to better serve the needs and interests of the population of
Woodburn. At least 100 new items will be added to the adult collection
and at least 50 new items will be added to the youth services collection
each year.
Bo
Library staff will be encouraged to upgrade their language skills in either
Spanish or Russian. In accordance with the city's personnel manual
and/or the AFSCME Union Contract, they will be reimbursed upon
successful completion and submission of documentation.
GOAL TWO: Make the Library a better place
SERVICE RESPONSE: Physical Plant Operations
GOAL: THE LIBRARY WILL DEVELOP A PLAN FOR RENOVATION
AND/OR EXPANSION OF THE FACILITY.
OBJECTIVE 1: Better utilize the space available within the existing building and plan for
the addition of new and/or expansion of services.
A. Plan separate, distinct spaces for quiet areas and for group study/work areas
within the library.
B. Open the space in the Carnegie portion of the library for more access by the
public.
C. Plan for a space to be used specifically by teenagers, and involve them in the
planning.
D. Plan for better staff work space in a more central location.
D. Plan for a facility of appropriate size to serve the population of Woodburn, estimated
to be approximately 35,000 by the year 2020.
OBJECTIVE 2: Secure funding to implement the plan
69
GOAL THREE: Promote reading, enjoyment and
lifelong learning
SERVICE RESPONSE: General information and lifelong learning
GOAL: THE LIBRARY WiLL PROVIDE MATERIALS AND
INFORMATION SERVICES TO ALL PEOPLE FOR READING
ENJOYMENT, CONSUMER INFORMATION AND LEARNING
ENHANCEMENT FOR SCHOOL, WORK AND PERSONAL LIFE
OBJECTIVE 1: Develop programs or staff activities which promote effective use of the
Library's resources, services and all of its collections.
A. 'Weed' outdated, worn or torn materials from 5% of the library's collection,
and replace/update materials as needed.
B. Assist patrons do more 'self-help' at the computer stations by:
, Providing a basic word processing instruction class once a month;
Continuing to provide library catalog and/or internet computer
instruction once a week; and
, Prepare and provide web sites for popular searches, especially
employment, career and travel arrangement sites, both as printed
handouts and on the computers as a 'favorites' list.
C. Expand the collection of materials which help non-English speakers develop
their language and reading skills.
70
GOAL FOUR: Provide excellent customer service
SERVICE RESPONSE: Lifelong learning and formal learning
GOAL: THE LIBRARY WILL PROVIDE ASSISTANCE TO STUDENTS
OF ALL AGES IN PURSUING INDEPENDENT LEARNING, CAREER
AND SELF-DEVELOPMENT GOALS, IN AND OUT OF A FORMAL
LEARNING PROGRAM.
OBJECTIVE 1: Partner with the local school district, Chemeketa Community College
and businesses to learn ways the library can support and enhance their programs.
A. Invite school media staff for a public library tour.
B. Schedule a meeting between the library staff and school personnel, providing
a handout outlining the services of the library.
C. Plan and coordinate a student volunteer and community service program,
allowing students to build a connection to the Woodburn community
through volunteering at the public library.
Objective 2: Make the library collection and services more accessible to the community.
A. Evaluate the library's policies proposing changes to the City Council through
the library board and review them every odd numbered year.
B. Provide a suggestion box for public input and feedback regarding needs and
services.
'71
GOAL FIVE:
Assist with personal and/or
community heritage
SERVICE RESPONSE: Local History and Genealogy
GOAL: THE LIBRARY WILL HAVE AVAILABLE GENEALOGY AND
LOCAL HISTORY MATERIALS FOR PATRONS SEEKING TO
UNDERSTAND PERSONAL AND/OR COMMUNITY HERITAGE.
OBJECTIVE 1' Make local history more easily accessible.
A. Provide materials through the National Census Film Rental.
B. Catalog the donated genealogy materials.
C. Complete the cataloging of the entire Oregon collection.
D. Assist with the oral history project.
PRIORITY FOR SERVICES
The following items were determined to be important to areas for the library. The
participants then were given the opportunity to 'vote' for three which they would place in
first, second and third priority. They ended with a tie for number three and no 'votes'
given for a performing arts facility or a branch library. This would not indicate the lack
overall importance, just that they did not garner any first, second or third priority ratings.
1. ADDITIONAL STAFF
2. RE-ARRANGEMENT OF REFERENCE AND CIRCULATION AREAS
STUDY OF RENOVATION AND ADDING TO THE BUILDING
(ADD: TEEN CENTER/COFFEE SHOP/FRIENDS' BOOK STORE???)
COMPUTER LAB
5. TEEN AREA
6. SECURITY
7. LIBRARY DISTRICT STUDY
PERFORMING ARTS FACILITY
BRANCH LIBRARY
'73
DEMOGRAPHICS & COMMUNITY PROFILE OF WOODBURN, OR
Woodburn Community Profile
270 Montgomery Street, Woodburn, OR 97071
Phone 503-982-5222 · Fax 503-982-5244
Web Page http://www.ci.woodburn.or.us E-Mail: info@ci.woodburn.or.us
City Location
County: Marion Incorporated in 1889
Location: Mid-Willamette Valley
Nearest Major Highway and Distance: I-5 Local miles
Nearest Major City and Distance: Salem 17 miles, Estimated Drive Time: 30 minutes
Distance to Portland: 30 miles
Source: Oregon Department of Transportation, State of Oregon Map; Oregon Blue Book
Recreational Amenities:
Settlemier House; Woodburn Historical Museum; Glatt House Gallery; restored
locomotive; Legion, Settlemier, and Centennial Parks; Woodburn Memorial Aquatic
Center; Tukwila, Senior Estates and Evergreen Golf Courses; Woodburn Drag Strip;
Russian Old Believer Churches; Willamette Mission, Champoeg, and Silver Falls State
Parks; and the Willamette River.
Source: City Administration, local chamber of commerce, local convention and visitor bureau
Climate
Elevation: 182' Measurement Location: Salem
Temperature: Monthly Ave. Low: 32°F
Hottest Month: August
Driest Month: July
Average annual precipitation: 40.780"
Monthly Ave. High: 80°F
Coldest Month: January
Wettest Month: December
Humidity: Average July afternoon humidity: 57%
Average January afternoon humidity: 84%
Source: Oregon Climate Service
Information in the Community Profiles was derived from many sources, including local, state and federal
sources. The Oregon Economic and Community Development Department cannot accept responsibility for errors or
?'4-
omissions. Questions and comments may be directed to the department by telephone 1-800-233-3306 (in Oregon),
by fax 503-581-5115 or by email oedd.info@state.or.us.
Demographics
Population 1980 1990 1998 1999 2000 2001
City of Woodburn 11,196 13,404 16,585 16,850 20,100 20,410
Marion County 204,692 228,483 271,900 275,250 284,834 288,450
Sources: 1980, 1990, 2000 US Census; 1998, 1999, 2001 Center for Population Research and Census, Portland
State University. 0 indicates data is unavailable.
Marion County 1,194 sq miles 242 persons/sq mile Sources: figures based on 2001
PSU population estimates;
Oregon Bluebook county square mileage
Community Age Groups
1970 1980 1990 2000
Under 5 years 504 927 1,153 1,859
5-19 years 1,622 2,312 2,803 4,884
20-44 years 1,484 3,040 4,006 6,742
45-64 years 1,423 1,713 1,828 2,923
65+ years 2,462 3,204 3,614 3,668
Median Age 47 37 34
Source: US Census, 0 or N/A indicates data is not available. Median value is the middle value, not an average.
Housing
Total 1970 1980 1990 2000 Median Value of
Owner-Occupied
Housing
Housing, 2000
Units
City of 2,427 4,370 4,922 6,816 $128,800
Woodburn
Marion 43,219 73,161 86,869 108,174 $132,600
County
Source: US Census. Median value is the middle value, not an average.
Economic Development and Employment
Principal Industries of the County: Marion County -- Government, agriculture, food
processing, electronics manufacturing, fabricated metal products
Source: Oregon Employment Department, Covered Employment and Payroll Reports, 1998
Agricultural Products of the Area (Top 3 largest gross farm sales):
Marion County--Specialty products, grass and legume seeds, vegetable crops
Source: Oregon State University, Extension Economic Information Office
'76
8J
WOODBURN PUBLIC LIBRARY
BY-LAWS
PURPOSE: The Woodburn Public Library Board's purpose is to advise and make
recommendations to the Library Director, and when appropriate, the Mayor and City
Council, on all matters related to the management of the library, and to formulate and
adopt rules and regulations governing the use of the library.
I. MEMBERSHIP:
The Board shall consist of seven (7) members, appointed by the Mayor with
the approval of the City Council. Terms of office shall be four (4) years. In
addition to the appointed members, the Mayor and Director will serve as
ex-officio members.
Board members are expected to regularly attend all meetings. If a member
fails to attend at least 50% of the meetings of that board within a calendar
quarter, the following procedure shall apply:
A. The Mayor shall inquire to determine the cause of the nonattendance.
B. The Mayor shall ask the chair of the board to contact the member and
remind the member that commitment to attendance is a key responsibility of
membership and advise the member that improved attendance will be
required.
C. If the member fails to attend at least 50% of the meetings within the next
following calendar quarter, the Mayor shall ask the member to resign.
D. If the member refuses to resign upon request by the Mayor, the Mayor
shall forward a report to the Council and, upon majority vote of the Council,
the position shall be declared vacant.
II. MEETINGS:
The Library Board will meet monthly on the second Wednesday at 7:00 pm in
the City Hall Council Chambers.
A. The annual meeting shall be held at the time of the regular meeting for the
month of January.
'77
III.
IV.
VII.
LIBRARY
B. Special meetings may be called by the President as necessary, or upon
the written request of two (2) members for the transaction of business stated
in the call for meetings.
OFFICERS:
The officers of the Board shall be chosen at the annual meeting and shall be
as follows: President, Vice-President, and Corresponding Secretary.
A. The President of the Board shall preside at all meetings, appoint all
committees, authorize calls for any special meetings and generally perform
the duties of a presiding officer.
B. The Vice-President shall preside in the absence of the President. In the
event of the absence of both the President and the Vice-President, but there
is a quorum, a President pro tern shall be appointed by those present.
C. The Corresponding Secretary will be responsible for all formal
correspondence of the Board.
D. The Library's Secretary will prepare minutes of each meeting
from the tape recording of the meeting.
COMMITTEES:
Special committees for the study and investigation of special problems may
be appointed by the President, such committees to serve until the completion
of the work for which they were appointed.
QUORUM:
A quorum for the transaction of business shall consist of four (4) members of
the Board. Motions shall be decided by a majority vote of those present
except where otherwise stated.
LIBRARY DIRECTOR:
The Director shall be considered the executive officer and ex-officio member
of the Board. The Director shall assist the Board in the performance of its
duties; prepare with input from the Board, a full and complete annual report to
the City Council, and make other reports as may be required; administer the
library operation in accordance with rules and regulations governing the use
of and proper conduct in the library as adopted by the Board; and prepare,
with input from the Board, a budget for the development, promotion, and
BOARD BY-LAWS
2
78
VII.
management of the library; and under the direction of the City Administrator
be responsible for planning and directing the operation of the library and all
its activities. The Director shall attend all Board meetings except those which
are executive sessions when expressly asked to not remain or attend.
ORDER OF BUSINESS:
A. Call to Order
B Roll Call of Members
C Secretary's Report
D. Correspondence
E. Public Comment
F. Director's Report to include:
1. Statistical Report
2. Financial Report
G. Committee Reports (when appropriate)
H. Old Business
I. New Business (including correspondence)
J. Business from the Mayor and/or City Council
K. Adjournment
BY-LAWS:
These by-laws are intended for the Board to efficiently conduct its business
and will be superseded by the present, or any future City Charter revision or
amendment, City Council Bill, or Ordinance. These by-laws may be
amended at any regular meeting of the Board with a quorum present,
provided the amendment was stated in the call for the meeting and the
proposed change was presented in writing to all members prior to the
meeting.
These by-laws are to supersede any that may have been in existence prior to
this time.
Amended March 12, 2003
LIBRARY BOARD BY-LAWS
3
WOODBURN PUBLIC LIBRARY
MONTHLY REPORT FOR APRIL 2003
8K
Ill.
I. CIRCULATION
Current: 11,817
Adult: 8,202
Children: 3,615
In-House Use: 1,927
II. INTERLIBRARY LOAN
Books Loaned: 1,372
Previous:
2OO2
2001
2000
11,696
12,069
11,552
CCRLS:
In-State Special:
Books Borrowed:
1,369 All Other In-State: 3
0 Out-Of-State: 0
1,097
CCRLS:
In-State Special:
1,084 All Other In-State: 11
0 Out-Of-State: 2
REFERENCE
Woodburn Referrals Other Total
2003 904 41 1,071 2,016
2002 1,036 68 1,254 2,358
2001 1,043 60 1,288 2,391
2000 845 51 1,053 1,949
Database Usage:
July: 87 October:
August: 134 November:
September: 228 December:
IV. COMPUTER USAGE
Adults: 2,558
Children: 1,092
233 January: 458 April: 480
720 February: 422
304 March: 416
(not all data bases included)
Average per open hours: 10.31
Average per open hours: 4.40
LIBRARY SPONSORED PROGRAMS
Adults: 8 No. Attending:
Children: 26 No. Attending:
VI. VOLUNTEER HOURS WORKED
183
382
1,127
VII. FINANCE
$14,479.30
VIII. HOLDINGS
- CCRLS - (11,749.25 - Use Based Reimbursement)
- CCRLS - (724.05 - Net Lending Reimbursement)
77,113
New Adds For The Month of April: 723
IX. PATRON LOAN TYPES
15,155
Monthly Statistics: April 2003
CITY OF WOODBURN
Community Development
8L
MEMORANDUM
270 Montgomery Street Woodburn, Oregon 97071
(503) 982-5250
Date:
To:
F rom:
Subject:
May 1, 2003
Jim Mulder, Community Development Director
Building Division
Building Activity for April 2003
2001 2002 2003
Dollar Dollar Dollar
No. Amount No. Amount No. Amount
New Residence Value 10 $1,151,790 12 $1,464,991 20 $3,414,833
Multi Family 0 $0 0 $0 0 $0
Assisted Living Facilities 0 $0 0 $0 0 $0
Residential Adds & Alts 3 $18,000 9 $85,100 2 $10,834
Industrial 0 $0 0 $0 0 $0
Commercial Value 0 $0 5 $346,800 10 $12,316,925
Signs, Fences, 0 $0 0 $10,100 2 $1,025
Driveways
Manufactured Homes 1 $60,000 0 $0 0 $0
TOTALS 14 $1,229,790 29 $1,906,991 34 $15,743,617
Fiscal Year (July 1 - $13,926,346 $59,117,993 $31,828,324
June 30) to Date
[\Community Development\Bldg\Building ActiviyBIdgAcl-2003\Bldg Activity Memos~acbvity - April 03.wpd
81
PLANNING PROJECT TRACKING SHEET *Revised: 5-1.-03
Mail Notice Final PC Mail Notice
prOlect Date Deemed 120-Day Facilities Notice lo Post S[1' Rpl PC Order Final Notice to Posl Stf Rpt CC Oral CC Or~.
Applicant Description Received Complete Date PlannerRefen'alsMeeting for PC Paper Properb/ Due HeadncJ Due Order for CC Papers PropertyOue Heann9 Due Ado~otion
Annex business
~ park into the
99..4)1. Corporate limits 10/14/99
! U~B Wal)y Lienof the City 06/01/99 N/A Jim cont off
99.0¶. ZC Establish the IL calendar
99-01 zone on the
properly
DR
02-19.
03/13/03
ANX C~t~ ol 828 Pa~ Rd water O4/24/01 ',comc~,e Naomi 02/21/0302/21/03 03/03/03 03/06/03 conl 04/04/0304/10/0303/24/0303/24/0304/04/0304/09/0304/14/03 0~12/03
01-03, 03/27/03
CU 02-08
CPMA InC.~p~ete
01-03, ZC Tim :~o7~2 Cont. 01/27/03
01-01 Doman 373GatchSL 12/13/01 C~nme*e N/A Naomi 04/05/02 N/A 05/03/0205/03/02 05/13/02 05/16/02 6/13/02 07/04/0207/11/0211/19/0211/19/0211/27/0201/06/0312/09./02 01/22/03A4:a:~ealed
6/27/02
ANX fro~ County
0/~1 ZC ~ .,,~,~'t~ Co~merclal to CG 06128102
02-05 Signs. Irc for 8iMan. 16OO ~ 08/23/02Incomplete Naomi N/A 12/20/0212/20/02 N/A 12/31/02 01/02/03
CU City of465 sf chemical
~.03, ~ at A~ua~c 10/25/0212/02/02 Waived by
OR 02-11Woodbum Center applicantNaomi 04/04/03 N/A 04/14/03 04/17/03 04/24/0305/02/0305/08/03
02-10, 7.664 sf office Incomplete
VAR Scolt Beckbldg. at 138510/23/0211~1/o2
02.0~ Meridian Dr Complele03r21~)3 07/18/03 Naomi 03/21103 0410110304/18/03 N/A 04/28/03 ~ 05/08/03
VAR Farm Variance to ,,'~11 Complete 06/27/03 Naomi 02/28/03 03/07/0304/04/03 N/A 04/14/03 04/17/03 04/24/0305/02/0305/08/03
PLANNING PROJECT TRACKING SHEET
Mail Nolice F~nal PC Mail Nohce
Projecl Date Deemed 120-Day Facilities Notice to Post Stf Rpt PC Order Final Notice to Post Stf Rpl CC Ord CC Ord
Appl~ant Description ReceivedComplete:Date Planner ReferralsMeetin(:./ tot PC Paper Property Due Hearing Oue Order for CC Papers Prop~rt~ Due Hearin<~Due Ado~tio~
Proposed 36 unit
DR 02-14. elderly apl prolecl
VAR on Carc~ St
02.0~, ZARaml:~au PropOSed 20% Incomplete 05/06/03
02.0TM, D~v Co reducbon of 24 fl 12/06/0:: 01/03/03 Appeal
~XCP se~J~a<:k h~m ~lenor Comp~ele Ext Naomi 01/28/03 0211410303/21/03 N/A 03131103 04~03~0304/10103 04124103 Ends
p,'obeny knes & 01/06/03 06/06103
03-02 vanance to number May 6
of pa~mg spaces
I:~ 02-01. Pm. posect 80 Io~s to
PUD John Baker be developed ~nto 3 12/23/02Incomp~ele
02'03 ~ases 01/22A33 Naomi
3,600 sf water
61te~. 80,000
C~l 02'05, City Of backwash tank & In¢omplele 03/2'/103 Appeal
DR 02o'16Woodbum 300,000 ganon 12/16/0201/15/03 Naomi 03/07/03 N/A 03117103 03120103cont. 04/24/03 Ends
1084 C.,o~n~-f Club 04/10/0; May 6
C~ 02.0~,City of fltte~. 80.000 gallon Incomplete 03/27103 Appeal
DR 02-¶? Woodbum backwash tank, 12/16/0201/15/03 Naomi 03/07103 N/A 03/17/03 03120103cont
1,700.0~0 gabon1 Complete 04124/03 Ends
storage reservoir 04/10/03 May 6
DR 03-01 ~ car clealemh;p to 02/25/03
· J~ll. ~l, mn.e,~, retaa sales al 770 N 01/27/03 07/25/03 Viclor 03/27/03 04/08/03
C°rnpleie 05/02/03
SUB ~ Request for a 97
0~01 D~,~,~i RS subdivision02/07/03Incomplete
Montebello 3 03/05/03 Victor
ANX
t)3-0¶. ZC Services of Annexation & Complete
03'01 America Zo,"~ Change 0Z/19/03 N/A Jim 03/20/03 04/02/03
03/20/03 05/02/0305/02/03 ~ ~)5/15/03 Q~122103 06/23/Q~
CU 03-01. Woodbum 5.520 st'additiOn
DR 03'02Fife District Io Hwy. 214 Fire 02/28/03Incomplele
SUB
03-02.
VAR ~ 27 lOt subdivision Incomp~ele
03-11.ZA~ On W LinColn SI 03/07/0304/01/03 Naomi
03-01
PAGE 2
PLANNING PROJECT TRACKING SHE
Mail Notice Final PC Mail Notice
Projecl Date Deemed 120-Day Facililies Notice to Posl S~f Rp! PC Order Final Notice to Post Si~ Rpl CC Ord, CC
., Appl~,ant Description ReceivedComplete Dale PlannerReferrals MeeIin9 for PC Paper Properly Due Hearin9 Due Order for CC Papers Property Due Heann~ Due
CU 03-03,Ken 26.988 sf add.on Io Incomplete
DR 0~-041Rasmussen Her~ge [lementa~ 03/14/0303/27/03
SChOOl Complele 08/14/03 Victor 04/16/0304/23/0305/02/03 N/A 05/12/0_~05115/0.3~.5/22/0_3
04/16/03
CU 0~-0;~Ken 24,~99 sf new b~g at
D~ 0,:~03Rasmussen Wo(xSb~rn H~h 03/14/03Incom~te
~h~ 03/27/O3 Victor
D~ 03~5. C~ke~
V~ ~m Phase II addi[~n Complete
03-12 ~ to ~llege 03~17/0304/16/03 08/14/03 Naomi 04/16/0304/24/0305/02/03 N/A 05/12/03 ~ 05/22/0~
CU ~3~ T~nsfem.a~ ~y ~nsfer ~/0~03 ~om~te
OR ~, i ~u~ New roll-up d~
V~ H~r a~ss to ~/10/03 Naomi
~14 Br~d~y St
Si~ & C~e of use to
~ ~7 Ja~ da~ ~11 al 2225~/16/03 Incomp~te Victor
~ N. Pa~ H~
~ ~, ~s~ct 19.~
~ ~, ~ sf H~d S~n b~g
V~ ~1~, E~ms ~/1~03 Naomi
V 1~~ at ~0 N
' Se~emier Ave
: ~stmct 4,020 si
ddve-~
~ 03~ Dav~ res~uarant & re~il
~n~ll bldg at NEC ~/2~03 Victor
S~y Allis~
Way~a~on
~AGE 3
LONG RANGE PROJECTS
Mail Notice Final PC Mad Not~ce
Project Oa~e Deemed 120-Day Facilities Nolice to Post Stf RptPC Order Final Notice to Post St/ Rpt CC Ord CC Old,
ApplicantDescription ReceivedComplete Date PlannerReferrals Meeting for PC Paper PropertyDue Heann~ Due Order for CC Papers Property,Due Headn~ Due Ado~ot~On
PeHodtc
R~V~ Consul~nl nas begun Jim
i:~,Community Development\Planning\Other~Planning Case Log
PAGE 4
WOODBURN
May 7, 2003
TO:
FROM'
SUBJECT:
Mayor and City Council through City Administrator
D. Randall Westrick, Recreation and Parks Director~Nr'
Cascade Surge
RECOMMENDATION:
Receive the report.
BACKGROUND:
On May 17, 2003, at 7:05 p.m. the Cascade Surge is returning to Woodburn and
Legion Park for their second season. The Surge has asked that Mayor Figley and
Recreation and Parks Board Chair Herb Mittmann be on hand to help with
opening ceremonies. Attached is a copy of the 2003 Surge home schedule.
The Surge will open in a newly painted Legion Field stadium. On May 4, 2003,
the Surge organized a painting party that painted the stadium. The City
provided 75 gallons of Marion County recycled paint for the project.
The City and Surge will contract with Lupita's Restaurant this year for
concessions. Lupita's will offer a menu of food that is offered in stadiums both in
the U.S. and Mexico. The menu will include tacos as well as hotdogs.
The Surge line up this year will have a local flavor. Two past Woodburn High
School soccer stars, Dimitrio Sanchez and Ricardo Sanchez are included on their
roster.
FINANCIAL IMPACT:
Depending upon the potential gate and concession receipts, staff projects that
the Surge will generate $3,000 to $5,000 in rental revenue this season.
Attachment
Agenda Item Review:
City AdministratOf:~'~ City Attorney
86
Stadium
McNary
Legion Field
Legion Field
Legion Field
Legion Field
Legion Field
Legion Field
Legion Field
Legion Field
Yakina Reds'*
Calgary Storm
BYU~
Calgary Ston'n
Yak rna Reds
Calgary Storm
Regional and National Playoffs-TBA
'* An Official Keizer Iris Festival Event
McNary Stacium is located at Keizer's McNary High School
Legion Field is located in Woodbum
8'7
WOODBUi N
80
May 7, 2003
TO:
FROM:
SUBJECT:
Mayor and City Council through City Administrator
Scott D. Russell, Chief of Police~"'"
Chan.qes in Operations for Salvador's Bakery III
RECOMMENDATION:
No Council action required- information only
BACKGROUND:
OLCC licensees are allowed to change business-operating conditions, as long
as they do not require a change in license status, by submitting the changes to
OLCC. Local government input into these changes is not required since there is
not a license status change. On April 19, 2003 the Woodburn Police Department
received a letter from Salvador Larios highlighting the operating conditions
changes he wished to make to Salvador's Bakery III located at 320 N. Pacific
Hwy. And giving notice that the changes had been submitted to OLCC for
approval.
DISCUSSION:
In the attached letter Mr. Larios indicates that Friday through Sunday nights
weekly he will be closing his restaurant to families at 9:00pm c~nd by 10:00 pm
the restaurant portion of his business will be open for persons 21 and over only
until 2:00 am. He also intends to have recorded music and some limited live
music in this area. He intends to hire additional staff to check ID and monitor the
inside and outside behavior of his customers. The Police department has met
with Mr. Larios and has requested that he take some additional steps to ensure
criminal conduct does not occur as a result of this business change. The Police
Department will endeavor to monitor the changes in operations at Salvador's
Bakery III over the next few months.
FINANCIAL IMPACT:
None
Agenda Item Review: City Administrator "',:~'~'-~J City Attorney ,'l/4._~ Finance __
88
Salvador's Bakery III Restaurant
Compliance Action Plan:
Salvador's Bakery III will hold quarterly meetings with all employees to review:
Applicable laws, this action plan, and the names of patrons suspected to be involved with
drugs or any other unlawful activity.
o
o
Salvador's Bakery III will post three signs inside the premises, indicating that no drug
dealing or usage is permitted, and that the business invites and encourages police on the
premises. One of these signs will be visible on the wall when entering and exiting the
building; the other two will be posted on each restroom door. These signs will be in both-
English and Spanish. ..
A daily incider~t log will he,kept on the premises. AnY illegal or disturbing behavior will
be logged. Also logged will be attempted violations of OLCC role such as: Minors
attempting entrance into the lounge/dance area or visibly intoxicated persons attempting
entrance into the lounge/dance area. The log book will contain:
a. Date, time, and type of incident
b. Name or photo of person(s) involved
c. Make, model, year, color, and license number vehicles associated with persons
engaged in problem behavior
d. Action taken by Salvador's Bakery III employees during or after the incident
Any patrons observed to be engaged in the following illegal activity shall be permanently
barred by Salvador's Bakery III:
a. Illegal Drug Activity
b. Serious Fights or disturbances
c. Carrying Weapons Illegally
5. Any patrons observed or engaged in the minor arguments or disturbances shall be barred
by Salvador's Bakery III for a period of at least six months.
6. Salvador's Bakery III will constantly monitor restroom for illegal activity and excessive
or suspicious use.
7. Salvador's Bakery III patrons allowed entrance for dancing must have valid identification
such as:
a. Oregon ID issued by DMV
b. Valid US drivers license
c. Other legitimate ID (Passport, etc)
8. To reduce the possibility of criminal activity outside the restaurant any patron who leaves
the building during dance hours will not be allowed entrance back in by Salvador's
o
Bakery III for that date. Signs will be posted at the door in both English and Spanish to
inform patrons of this policy.
Salvador's Bakery III will not serve any patron who shows signs of visible intoxication
for the remainder of the day. If another patron is observed passing alcoholic beverages to
the visibly intoxicated person (VIP), that patron will not be served for the remainder of
the day either.
10. Salvador's Bakery III will have appropriate numbers of security personnel (as determined by the
industry standard for ratio of patrons to security) to monitor both the dance area inside the
restaurant and outside the business.
11. Salvador's Bakery III will insure that security guards shall be properly trained in
accordance with Oregon Department of Public Safety Standards and Training rules and
state law
Salvador's Bakery III Restaurant
1565 N. Pacific Hwy
Woodbum, OR 97071
Responsible Person: ~'~.~l.
Si. gna~~~~,~-~~
April t,5'_, 2003
SALVADOR LARIOS
405 N. First St.
Woodbum, Oregon 97071
Telephone: (503) 989-0540
Chief Scott Russell
Woodbum Police Department
270 Montgomery St.
Woodbum, Oregon 97071
Re:
Significant Changes to Salvador's Bakery, m
320 N. Pacific Hwy., Woodbum, Oregon
Dear Chief Russell:
This letter is in regard to significant changes in business at Salvador's Bakery, m. I have been
in contact with Randy Mitchell at the Oregon Liquor Control Commission. I have completed
the documentation for changes in business required bY the OLCC. In addition, I wanted to put
you on notice as to the extended operations Plan as well. I feel it is important to keep the City
up-to-date in regard to these changes so there will be open communication in the event future
contacts are necessary
First, my business will be open Monday through Thursday, 6:00 a.m. until 10:00 p.m. and Friday
through Sunday, 6:00 a.m. until 2:00 a.m. As you know, my establishment serves food and
beverages, including alcohol. The restaurant portion of my business will close at 9:00 p.m., and
I will allow one hour for individuals/families with minors to leave the restaurant premises by
10:00 p.m. After that time, only customers 21 years, of age and older will be allowed On the
premises and food will only be served in the lounge area.
I am also including additional entertainment services as well. Those services include karaoke,
D.J. music and live music as well. The live music will only occur with prior scheduling. I
estimate this to be approximately 2-3 times a month. All music will be predominantly Spanish.
Due. to these significant changes, I am hiring additional staff to check the identification of
anyone who appears to be under the age of 30, supervise all entrance, exits and the parking lot,
spot visible intoxication and monitor rowdy behavior. I have prepared the Regulations For
Serving and Monitoring Alcohol at Salvador's Bakery, m that will be read and signed by my
employees prior to service. These regulations include identification of proper forms of I.D. and
general mles relating to the service of alcohol, as well as ramifications for failure to follow the
business's policies.
89
Chief Scott Russell
April I§ , 2003
Page 2
Please feel free to contact me if you would like to discuss these changes.
time.
Yours lxuly,
I thank you for your
SALVADOR LARIOS
9O
May 7, 2003
TO:
FROM:
SUBJECT:
Mayor and City Council through City Administrator
Scott D, Russell, Chief of Police ~b'~
Street Closure and Sound Amplification Permit
RECOMMENDATION:
Information Only no Council Action Required
BACKGROUND:
On May 11t~ 2003 Salvador Larios of Salvador's Bakery sponsored a Mother's Day Event
at Warzinski Plaza. He requested several street closures and a sound amplification
permit. Both were granted once he met conditions imposed by the Police Department.
DISCUSSION:
This Mother's Day Event has been held several times in recent years. After the 2001
event the Police Department received some complaints mainly stemming from lil-ter in
the surrounding neighborhoods. In order to help facilitate a safe and positive
community event, and in keeping with current Ordinance and City policy the police
department required the following conditions be met in order to approve permits:
1. Hours of the event were limited to 12:00 PM until 8:00 PM Sunday, May 11, 2003.
2. An event security/set-up plan was provided and approved by the police
department
3. Street closures, traffic control, and event security upon Woodburn City Streets
and property was handled by Woodburn Police Officers.
4. A clean-up plan was completed that included the neighborhood for One (1)
block radius east and west and two (2) blocks north and south of the event area
FINANCIAL IMPACT:
Mr. Larios reimbursed the City for all costs of Police Officers time for the event.
Agenda Item Review: City Administrato~ City Attorney~"q'~
Finance
91
Russell · Chief of Police
Deborah H. Youmans° Deputy Chief
WOODB URN POLICE DEPARTMENT
270 Montgomery Street Woodbum, Oregon 97071
Phone: (503) 982-2345 FAX: (503) 982-2370
Date:
To:
RE:
May 7, 2003
Salvador Larios, Salvador's Bakery
Street Closure and Sound Permit for May 11, 2003
Under authority granted to the Chief of Police by City Ordinance and ORS 810.030 1 hereby authorize the
closure of W. Hayes Street between North Front Street and North First Street and N. First Street Between
Garfield Street and W. Hayes Street on May 11, 2003 between the hours of 12:00 PM and 8:00 PM for a
special event that is in the public interest called "Mothers Day Celebration" and is sponsored by
Salvador's Bakery and Chemeketa Community College. In order to facilitate the safe and proper closure
of the street please contact the Woodbum Street Department for assistance.
Under authority granted to the Chief of Police by City Ordinance I also hereby authorize the use of sound
amplification equipment for the above-mentioned event on May 11, 2003 between the hours of 12:00 PM
and 8:00 PM. Compliance with the City of Woodbum Sound Ordinance will be required, except that
during the hours of operation the maximum sound DBA allowed will be increased to 90DBA within one
block of the event.
Woodbum Police Department staff on site will assist with periodic sound measurements and provide
information to you as to the DBA level so that adjustments can be made prior to any decision that you are
in violation of the permit.
Sincerely,
Scott D. Russell,
Chief of Police
CC: File
City Administrator
Woot su N
IOA
April 28, 2003
TO:
FROM'
SUBJECT:
Mayor and City Council through City Administrator
Randy Scott, Senior Engineering Technician, through the Publicz~,
Works Director
Vacation of Public Utility Easement within the Joy Village Subdivision
RECOMMENDATION:
It is being recommended that the City Council adopt the attached ordinance
vacating a public utility easement.
BACKGROUND:
The City Council, at it's April 14, 2003 meeting conducted a public hearing on
the question whether the public utility easement should be vacated. At the
conclusion of that hearing, the Council directed staff to prepare an ordinance
vacating the public utility easement. As directed, the ordinance is attached.
DISCUSSION:
None
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action
Agenda Item Review: City Administratc~ ~ City Attomey~b~
Finance
g3
COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE VACATING A PUBLIC UTILITY EASEMENT AND DECLARING
AN EMERGENCY.
WHEREAS, abutting property owners have submitted a petition requesting the City
Council to vacate a public utility easement; and
WHEREAS, Resolution No. 1713 fixed the time, place and date of a public hearing to
hear the petition on whether that the public utility easement described herein should be vacated;
and
WHEREAS, on April 14, 2003 a public heating was held and the petition was heard on
this question; and
WHEREAS, The existing utilities within said easement have been either relocated or
abandoned in place; and
WHEREAS, the City Council has considered the public testimony, the staff reports, the
need for the utility easement, and the public interest herein, NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The public utility easement as conveyed to the city by Ordinance 2121 and
recorded in Reel 1178, Page 591, Marion County Deed Records is hereby vacated; the public
utility easement is more particularly described as follows:
Beginning at a point on the west line of Miller Farm Road, said point being North
01°09'50" East 92.27 feet from the Northeast comer of lot 54, Miller Farm Subdivision
recorded in Volume 40, Page 24, Book of Town Plats for Marion County, Oregon and
being situated in Section 7, Township 5 South, Range 1 West of the Willamette Meridian
in Marion County, Oregon: thence North 81° 22' 33" West 325.53 feet to a point on the
easterly right of way line of said Boones Ferry Road; Thence North 15° 45' 05" East
along the Easterly right-of-way line of said Boones Ferry Road a distance of 7.57 feet to
and angle point therein; Thence North 15° 36' 28" East along said Right of Way line 18.62
feet; Thence leaving said Easterly line, South 81° 22' 33" East 318.92 feet to a point on
the West right &way line of Miller Farm Road; Thence South 01° 09' 50" West along
said Westerly line 26.22 feet to the place of beginning and containing 8,377 square feet of
land.
A diagram of said tract is attached to this ordinance as Exhibit A and, by this reference, is
incorporated herein.
Section 2. The existing utilities within the public utility easement have been either
94.
relocated or abandoned in conjunction with the development of the Joy Village Subdivision. The
city has no need to retain the public utility easement.
Section 2. The public rights of way and public utility easements as dedicated with the
platting of the Joy Village subdivision shall remain in place.
Section 3. Pursuant to ORS 271. 150, a certified copy of this ordinance shall be filed with
the Marion County Clerk.
Section 4. This ordinance being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared exist and this ordinance shall take effect
immediately upon passage by the City Council and approval by the Mayor.
Approved as to form'/~' ~~ '~-- ~' - ~ c~ 9 ~
City Attorney Date
APPROVED:
Kathryn Figely, 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 Woodbum, Oregon
915
EXHIB IT "A"
MAP O-F PUBLIC
UTILITY EASEMENT
t
I
(
LOT 3
EASEMENT AS DESCRIBED
IN SECTION 1
96
WOODBURN
lOB
April 25, 2003
TO:
FROM:
SUBJECT:
Mayor and City Council through City Administrator
Ben Gillespie, Finance D~rector \,L-~~
2002-03 Supplemental Appropriations
RECOMMENDATION:
After receiving public comment, that the Council adopt the attached resolution
amending the 2002-03 budget.
BACKGROUND:
Since the mid-year budget review, management has identified additional
necessary changes to the current year's budget
DISCUSSION:
This proposed revision to the 2002-03 budget adds the revenue derived from the
sale of ads ($8,800) for the newsletter. The City's portion of the cost printing and
mailing the newsletter was recognized in the mid year review. This revision
provides for the total of all other costs of publication and mailing, including
those costs not covered by ad revenue ($11,335}. The balance ($2,535) is
provided from Contingency. (1)
The utility billing workload has steadily increased for the last six years as billing
ordinances have become more complex and the number of customers has
increased from 4,500 to almost 6,000. One consequence has been the loss of
some internal control. To reduce overtime and restore control a half time Clerk II
is proposed. The cost for the balance of this year is $4,000. This function is
budgeted in the Finance Department of the General Fund, but it is funded by a
transfer from the Water Fund. (2)
The Legion Park Bank Stabilization project ($2,500) is needed to halt erosion
along a bank that was cleared last year. The General Fund project is funded
through the Wildlife Habitat Incentives Program administered by the Marion Soil
Agenda Item Review: City Administrat~ City Attorney JJ/~/~,,~ FinanJ~/~
97
Mayor and City Council
April 25, 2003
Page 2
and Water Conservation District for the Natural Resources Conservation Service.
Expenses are reimbursed within 30 days of billing. (3)
In Community Development the Periodic Review project was delayed when the
City's GIS Tech left. To avoid further delays the GIS portion of the project was
contracted to the firm that was doing the land use planning portion of the
project. The cost of that work is $8,000. Another $4,000 was added to their
contract fo help with the Marion County growth management appeal and to
pursue legislative matters on the City's behalf. (4)
Rate increases approved by the PUC have increased electricity costs.
Expenditures for this purpose are increased in the Street Fund ($18,000), the
Water Fund ($35,000), and the Sewer Fund ($21,000). These are funded by
transfers form Contingency. (5)
The video projector was installed in the Council Chambers in 2001/02, but the
cabling to deliver a sound signal to WCAT was not completed. In the General
CIP Fund the unexpended portion ($5,200) is carried forward to the current year
to complete the project. (6)
The ozone generator at the swimming pool is scheduled for replacement next
year. However, it is failing now, and large quantities of chlorine are being
added to the water to maintain water quality. Expenses in the General CIP Fund
are increased $15,000 to fund replacement this year. (7)
The City is considering buying the Van Valkenberg property next to Legion park.
With the addition of this parcel, a new Police station or a community center
could be located there. In the General CIP Fund $4,600 is budgeted for
appraisal of the property. (8)
Current estimates of Water Fund revenue indicate the fund will collect $69,017
more revenue than what is currently budgeted. (9)
The insurance market has hardened up. In most funds there was sufficient
budget to cover the increased premium costs, but the budget for insurance
needs to be increased in the Water Fund ($5,800) and the Sewer Fund ($11,100).
Mayor and City Council
April 25, 2003
Page 3
FINANCIAL IMPACT:
Contingencies in the General Fund are reduced $14,535. The remaining
Contingencies are $555,036 which represents 7.0% of the General Fund
expenditure budget.
These changes are consistent with Oregon budget law.
COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR
2002-2003 AND DECLARING AN EMERGENCY.
WHEREAS, Oregon State Statute 294.480 allows for the adoption of a
supplemental budget during a fiscal year to meet changes in financial planning, and
WHEREAS, the public notice required under State budget law was published in
the Woodbum Independent on April 30, 2003, and
WHEREAS, during the regular City Council meeting on May 12, 2003, citizens
were given an opportunity to comment on the proposed 2002-03 supplemental budget, now,
therefore,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That a supplemental budget for fiscal year 2002-03 is hereby adopted
as set forth below.
follows:
Section 2.
That fiscal year 2002-03 revenues and appropriations are adjusted as
Revenues Appropriations
GENERAL FUND:
Revenues:
Wildlife Habitat Incentives Program Grant
Miscellaneous Income
Total General Fund Revenue Increase
Appropriations:
Administration -
Materials & Services
Finance -
Intergovermental Services
Personnel Services
Planning Department -
Materials & Services
Parks Administration -
Capital Outlay
General Fund Operating Contingency
2,500
8,800
$ 11,300
11,335
(4,000)
4,000
12,000
2,500
(14,535)
Total General Fund Appropriations Increase
$ 11,300
Page l - COUNCIL BILL NO.
ORDINANCE NO.
Revenues Appropriations
STREET FUND:
Appropriations:
Street Maintenance -
Materials & Services
Operating Contingency
Total Street Fund Appropriation Net Adjustment
18,000
(18,000)
$ -0-
GENERAL FUND CAPITAL IMPROVEMENT FUND:
Appropriations:
Capital Outlay
Operating Contingency
Total General Fund CIP Appropriations Net Adjustment
24,800
(24,800)
$ -o-
WATER FUND:
Revenue:
Water Revenue
Total Water Fund Revenue Increase
Appropriations:
Water Supply -
Personnel Services
Materials & Services
Water Administration -
Materials & Services
Operating Contingency
69,017
$ 69,017
4,000
35,000
5,800
24,217
Total Water Fund Appropriations Increase
$ 69,017
WASTEWATER FUND:
Appropriations:
Wastewater Operation -
Materials & Services
Wastewater Administration -
Materials & Services
Operating Contingency
21,000
11,100
32,100)
Total Wastewater Fund Appropriations Net Adjustment
Section 3. That the City Recorder shall file with the Department of Revenue,
State of Oregon, a true copy of the supplemental budget as finally adopted in accordance with
Oregon Revised Statute 294.555.
Page 2 - COUNCIL BILL NO.
ORDINANCE NO.
Section 4. That if any clause, sentence, paragraph, section or portion of this
ordinance for any reason shall be adjudged invalid by a court of competent jurisdiction, such
judgment shall be confined in its operation to the clause, sentence, paragraph, section or portion
of this ordinance directly involved in the controversy in which such judgment is rendered.
Section 5. This ordinance being necessary for the public peace, health and safety,
an emergency is declared to exist in that appropriation adjustments are necessary to meet
estimated expenditures during fiscal year 2002-03 and this ordinance shall take effect
immediately upon passage by the Council and approval by the Mayor.
Approved as to Form:
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, Recorder
City of Woodbum, Oregon
Page 3 - COUNCIL BILL NO.
ORDINANCE NO.
COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR
2002-2003 AND DECLARING AN EMERGENCY.
WiiEREAS, Oregon State Statute 294.480 allows for tine adoption ora
supplemental budget during a tlscal year to meet changes in financial planning, and
WltEREAS, tiao public notice required under State budget law was published in
the Woodbum Independent on April 9, 2003, and
WHEREAS, during the regular City Council meeting on April 14, 2003, citizens
were given an opportunity to comment on the proposed 2002-03 supplemental budget, now,
therefore,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That a supplemental budget for fiscal year 2002-03 is hereby adopted
as set forth below.
follows:
Section 2. That fiscal year 2002-03 revenues and appropriations are adjusted as
Revenues Appropriations
GENERAL FUND:
Rev e n u es:
Wildlife Habitat Incentives Program Grant
Miscellaneous Income
Total General Fund Revenue Adjustments
Appropriations:
Administration -
Materials & Services
Finance -
lntergovemnental Services
Personnel Services
Planning Department -
Materials & Services
Parks Administration -
Capital Outlay
General Fund Operating Contingency
2,500
8,800
$ 11,300
11,335
(4,000)
4,000
12,000
2,500
{14,535}
Total General Fund Appropriations Adjustment
$ 11,300
Page I - COUNCIL BILL NO.
ORDINANCE NO.
100
Revenues Appropriations
STREET FUND:
Appropriations:
Street Maintenance -
Materials & Services
Operating Contingency
Total Street Fund Appropriation Adjustment
GENERAL FUND CAPITAL IMPROVEMENT FUND:
Appropriations:
Capital Outlay
Operating Contingency
Total General Fund CIP Appropriations Adjustment
18,000
(18,000)
-0-
24,800
(24,800)
$ -0-
WATER FUND:
Revenue:
Water Revenue
Total Water Fund Revenue Adjustment
Appropriations:
Water Maintenance -
Personnel Services
Materials & Services
Operating Contingency
69,017
$ 69,017
4,000
35,000
30,017
Total Water Fund Appropriations Adjustment
$ 69,017
WASTEWATER FUND:
Appropriations:
Wastewater Operation -
Materials & Services
Operating Contingency
Total Wastewater Fund Appropriations Adjustment
21,000
(21,000)
$ -0-
Section 3. That the City Recorder shall file with the Department of Revenue,
State of Oregon, a true copy of the supplemental budget as finally adopted in accordance with
Oregon Revised Statute 294.555.
Section 4. That if any clause, sentence, paragraph, section or portion of this
ordinance for any reason shall be adjudged invalid by a court of competent jurisdiction, such
judgment shall be confined in its operation to the clause, sentence, paragraph, section or portion
of this ordinance directly involved in the controversy in which such judgment is rendered.
Page 2 - COUNCIL BILL NO.
ORDINANCE NO.
101
Section 5. This ordinance being necessary for the public peace, health and safety,
an emergency is declared to exist in that appropriation adjustments are necessary to meet
estimated expenditures during fiscal year 2002-03 and this ordinance shall take effect
immediately upon passage by the Council and approval by thc Mayor.
Approved as to Fonn'~'~ ~
City Attorney
Date
APPROVED:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
KATHRYN FIGLEY, MAYOR
ATTEST:
Mary Tennant, Recorder
City of Woodbum, Oregon
Page 3 - Council Bill No.
Ordinance No.
102
CITY of WOODBURN
MARCH BUDGET REVISION
2002-03
Description
Account
Expenditures
GENERAL FUND
Contingencies
Misc Revenue
Admin-Printing
Newsle~er
001 901 9971 5921
001 000 3699
001 121 1211 5493
(2,535)
11,335
Finance Personnel Services 001 151 1511 5112
Finance Benefits 001 151 1511 5212
Finance Inter-gov't 001 151 1511 5199
Add Part Time Position
3,000
1,000
(4,000)
Grant Revenue
Other Equipment
Legion Pk stabilization
001 000 3341
001 491 9531 5639
Contingencies 001 901 9971 5921
Comm Dev-Other Pro Serv 001 511 5811 5419
Pedodic Review
2,500
12,000)
12,000
STREET FUND
Contingencies
Electricity
Increase electricity costs
140 901 9971 5921
140 631 4211 5453
18,000)
18,000
Revenue
8,800
(1)
(2)
2,500
(3)
(4)
(5)
GENERAL FUND ClP
Contingencies 358 901 9971 5921
Communications Equipment 358 121 9531 5644
Council Chamber NV
Contingencies
Other Equipment
Ozone Generator
358 901 9971 5921
358 121 9531 5649
Contingencies
Other Equipment
Van Valkenberg appraisals
358 901 9971 5921
358 491 9531 5611
WATER FUND
Contingencies
Water Revenue
Updated revenue estimates
470 901 9971 5921
470 000 3434 101
Contingencies
Electricity
Increased electricity costs
470 901 9971 5921
470 611 6411 5453
Contingencies
Sewer Intra-gov't
Add Part Time Position
470 901 9971 5921
470 611 6411 5199
Contingencies
Building/Property Insurance
Increased premium costs
470 901 9971 5921
470 611 6499 5463
SEWER FUND
Contingencies
Electricity
Increased electricity costs
472 901 9971 5921
472 621 6511 5453
Contingencies
Building/Property Insurance
Increased premium costs
472 901 9971 5921
472 621 6599 5465
Grand Total
(5,200)
5,200
15,000)
15,000
(4,600)
4,600
69,017
69,017
(35,000)
35,000
(4,000)
4,000
(5,800)
5,800
(21,000)
21,000
(11,100)
11,100
80~317 80~317
103
(6)
(7)
(8)
(9)
(4)
(2)
(10)
(4)
(10)
10C
May 12, 2003
TO'
FROM'
SUBJECT:
Honorable Mayor and City Council
John C. Brown, City Administrator ..~:-i?
Filming Ordinance
RECOMMENDATION:
It is recommended the City Council adopt the attached ordinance establishing
a film permitting process in the City of Woodburn.
BACKGROUND:
City staff recently received an inquiry from a film company interested in filming
in one of Woodburn's neighborhoods in June 2003. In looking to protect the City
from any adverse impacts from that activity, City staff found no existing City
policies regarding filming regulation. Various issues are associated with filming:
impacts on traffic circulation, parking, and access to businesses and residences;
disruption from sound and light; location security; and hazards related to filmed
activities and film equipment. Many cities have adopted ordinances to address
these impacts. These ordinances require a permitting process to assure adverse
impacts are mitigated, and the cities are indemnified from liability. Staff
reviewed a number of such ordinances, and found Lake Oswego's ordinance
contains provisions staff believes best address the protections desired for
Woodburn.
DISCUSSION:
The attached ordinance, based on Lake Oswego's filming ordinance, requires a
film permit before motion pictures, commercials, or videotaped productions can
be filmed in Woodburn. No permit is required of amateurs or the Press. Permit
authority rests with the City Administrator, and relies on the payment of permit
fees, mitigation of any adverse impacts on public safety, property, rights of way,
residents or businesses, compensation for any public costs, and adequate
indemnification of the City. If these matters are not satisfactorily addressed, the
permit will be denied. Denial may be appealed to the City Council. The
Agenda Item Review: City Administrator ~- City Attorney/V/'-f' Finance~
104
Mayor and City Council
May 12, 2003
Page 2
ordinance establishes a permit application fee of $1,000, and an appeal fee of
$3oo.
Requests for film production in Woodburn are infrequent. It is nevertheless
appropriate that the City be prepared to regulate such filming, to protect the
public welfare and interest. The attached ordinance provides policies and a
process for protecting those interests, and as such, is respectfully recommended
for your approval.
FINANCIAL IMPACT:
Unknown at this time, and will vary on a case-by-case basis, as determined by
impacts on the community. A $1,000 fee will be charged for each application
for film permit that is processed.
105
COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE ESTABLISHING A FILMING PERMIT PROCESS; SETTING FEES~ PROVIDING
FOR PENALTIES; AND DECLARING AN EMERGENCY.
WHEREAS, film production is an important economic activity which benefits the
community; and
WHEREAS, despite these community benefits, it is also necessary that the City
regulate film production activity to ensure that impacts on vehicle and pedestrian
traffic, circulation, safety of bystanders and crew are protected and that the least
possible disruption to the overall community occurs; and
WHEREAS, in order to provide for protection of the health and safety and the
least disruption to traffic and the community, the City finds that a filming permit process
should be established, NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1 - Permits for Filming Required. All persons or legal entities shall obtain a
filming permit prior to filming motion pictures, commercials or videotaped productions
within the Woodburn City limits. This requirement shall not apply to films made by
amateurs or to the filming of news events by accredited representatives of news
agencies.
Section 2 - Issuance of Filming Permit. Filming permits shall be issued by the City
Administrator or the City Administrator's designee.
Section 3 - Application. A written application for a filming permit shall be filed
with the City Administrator or designee al least fourteen (14) days prior to filming, unless
waived by the City Administrator. The application shall include:
1. The name and contact information of the person, firm, or corporation
employing the person or persons who will perform the filming.
2. The name and contact information of a person who will be responsible for
the filming crew on location in the City.
3. The specific date, location, time of arrival on the filming site and duration
of filming (including site preparation, site restoration, and departure) for each scene to
be filmed within the City limits.
4. The extent to which normal use of public property/right-of-way will or
could be impaired or curtailed during filming.
Page 1 - Council Bill No.
Ordinance No.
106
5. The number and location of vehicle parking spaces that will be needed
during filming and the anticipaled hours of use of the spaces.
6. The number of police or other City personnel desired or needed for traffic
and/or pedestrian control, security of equipment, or other purposes during filming.
7. Written authorization from lhe property owner if private property is to be
used in conjunction with public property during filming.
8. The processing fee as set by this Ordinance.
Section 4 - Review of the Application.
1. The City Administrator or designee shall review the application and may
issue the permit if the City Administrator or designee finds that the filming permit will not:
a. Adversely impact the public health, safety or welfare;
b. Adversely impact the affected neighborhood(s) or business district(s);
c. Result in a cost to the public due to the use of public property or
facilities, potential loss of public revenue, or provision of City personnel, unless the City is
compensated for such costs by the applicant;
d. Substantially inconvenience residenfs or businesses; or
e. Substantially interfere with the public peace or the quiet enjoyment of
private residential property.
2. The City Administrator or designee may impose conditions on a permit in
order to alleviate or mitigate any potential adverse impacts described in subsection 1
of this section.
3. The City Administrator or designee may deny the application if he or she
determines that the permit will result in any of the potential adverse impacts described
in subsection 1 of this section which cannot be alleviated or mitigated by the imposition
of conditions.
4. An approved filming permit shall:
a. Specify the location and time of use of any City property that will be
affected by filming.
b. Set forth any conditions or restrictions imposed by the City
Administrator or designee pursuant to subsection 2 of this section.
Page 2- Council Bill No.
Ordinance No.
107
c. Require a deposit of funds prior to filming in an amount estimated by
the City Administrator or designee to be sufficient to compensate the City for any
public costs described in subsection (1)(c) of this section incurred as a result of the
filming. In the event that filming is cancelled, the City shall refund the deposit minus an
amount for any costs incurred by the City up to the date of cancellation.
d. Require the delivery of a certificate of insurance prior to filming in an
amount determined by the City Administrator or designee to be sufficient to protect the
City from any and all liability arising out of the filming activity. The certificate of
insurance shall name the City of Woodburn as an additional insured.
Section 5 - Appeals.
1. Any decision regarding an application or the conditions of a permit may
be appealed by the applicant to the City Council by filing a written notice of intent to
appeal with the City Recorder. The notice shall be flied within seventy-two (72) hours of
receipt of the decision by the applicant and shall include a statement of the reasons
for the appeal and an appeal fee. The filing of an appeal shall stay the permit until the
appeal is decided by the Council.
2. In reviewing the appeal, the Council shall determine whether the decision
complies with the criteria and requirements of Section 4 of this ordinance. The Council
may affirm, reverse or modify the decision. The Council's decision shall be final.
Section 6 - Compensation for Public Costs. The applicant shall compensate the
City for any and all public costs described in Section 4.1. If the deposit required
pursuant to Section 4.4c is insufficient to cover such costs, the applicant shall remit the
balance to the City upon receipt of written notice of such additional costs.
Section 7 - Permit Application Fee. An application for a filming permit shall be
accompanied by a fee in the amount of $1,000.00.
Section 8 - Appeal Fee. An appeal under Section 5 of this Ordinance shall be
accompanied by an appeal fee in the amount of $300.00.
Section 9 - Violations. A violation of any provision of this Ordinance or of any
term or condition of an approved filming permit is a Class 1 civil infraction and shall be
enforced pursuant to the Civil Infraction Ordinance.
Section 10 - Severability Clause. If a portion of this Ordinance is for any reason
held to be invalid, such decision shall not affect validity of the remaining portions of this
Ordinance.
Page 3- Council Bill No.
Ordinance No.
108
Section 11 - Emergency Clause. This Ordinance being necessary for the
immediate preservation of the public peace, health and safety so that anticipated
filming permit applications can be addressed, an emergency is declared to exist and
this ordinance shall take effect immediately upon passage by the Council and
approval by the Mayor.
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 4- Council Bill No.
Ordinance No.
109
WOODBURN
1OD
May 12, 2003
TO'
FROM:
SUBJECT:
Mayor and City Council through City Administrator
Jim Mulder, Director of Community Development,..~'?
Ordinance to Approve Annexation 01-04, Zone Change 01-03,
Conditional Use 02-08, Design Review 02-19, Variance 03-04,
Variance 03-05 and Exception to Street Right of Way and
Improvement Requirement 03-03 and Deny Variance 03-03
RECOMMENDATION:
Adopt the attached ordinance approving Annexation 01-04, Zone Change 01-
03, Conditional Use 02-08, Design Review 02-19, Variance 03-04, Variance 03-05
and Exception to Street Right of Way and Improvement Requirement 03-03 and
denying Variance 03-03.
BACKGROUND:
The City Council, at its April 14, 2003 meeting, conducted a public hearing
concerning the above referenced project. At the conclusion of that hearing,
the Council directed staff to prepare an ordinance to adopt findings in support
of approval of Annexation 01-04, Zone Change 01-03, Conditional Use 02-08,
Design Review 02-19, Variance 03-04, Variance 03-05 and Exception to Street
Right of Way and Improvement Requirement 03-03 and denial of Variance 03-
03. That ordinance is ottached.
Agenda Item Review:
City Administrat(~'~"~-- City Attorney
Finance
110
COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE ANNEXING INTO THE CITY OF WOODBURN 4.69 ACRES OF
PROPERTY LOCATED SOUTH OF PARR ROAD AND EAST OF ELANA DRIVE;
GRANTING A ZONE CHANGE FROM MARION COUNTY "URBAN TRANSITION
FARM (UTF)" TO CITY OF WOODBURN "PUBLIC AND SEMI-PUBLIC (P/SP)";
APPROVING CONDITIONAL USE APPLICATION CASE NO. 02-08; APPROVING
DESIGN REVIE~V APPLICATION CASE NO. 02-19; DENYING VARIANCE
APPLICATION CASE NO. 03-03; APPROVING VARIANCE APPLICATION CASE NO.
03-04; APPROVING VARIANCE APPLICATION CASE NO. 03-05; AND APPROVING
EXCEPTION TO STREET RIGHT OF WAY AND IMPROVEMENTS REQUIREMENT
APPLCIATION CASE NO. 03-03; AND ATTACHING CERTAIN CONDITIONS
THERETO.
WHEREAS, the applicant, City of Woodburn, submitted the following applications:
Annexation 01-04, Zone Change 01-03, Conditional Use 02-08, Design Review 02-19, Variance
03-03, Variance 03-04, Variance 03-05 and Exception to Street Right of Way and Improvements
Requirement 03-03; and
WHEREAS, the Woodburn Comprehensive Plan and Zoning Map have established
certain land uses within the City of Woodburn's Urban Growth Boundary; and
WHEREAS, the Woodburn City Council has reviewed the record pertaining to said
applications and heard all public testimony presented on said applications; NOW,
THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That the subject property is owned by the City of Woodburn and is legally
described in Exhibit "A" which is affixed hereto and by this reference incorporated herein.
Section 2. That the subject property is depicted on the Exhibit Map for Annexation
which is affixed hereto as Exhibit "B" and is by this reference incorporated herein.
Section 3. That based upon the Findings in Support, which is affixed hereto as Exhibit
"C" and is by this reference incorporated herein, the subject property is hereby annexed to the
City of Woodburn.
Section 4. That the Woodburn Zoning Map is hereby amended as to the property
described in Exhibit "A" to this Ordinance from Marion County "Urban Transition Farm (UTF)"
to the City of Woodburn "Public and Semi-Public (P/SP) District" based upon the Findings in
Support which is affixed hereto as Exhibit "C".
Page 1 - COUNCIL BILL NO.
ORDINANCE NO.
111
Section 5. Development permit applications Conditional Use 02-08 and Design Review
02-19; and Variance 03-04, Variance 03-05 and Exception to Street Right of Way and
hnprovements Requirement 03-03; are hereby approved, and Variance 03-03 is hereby denied;
based upon the Findings which are affixed hereto as Exhibit "C".
Section 6. That Annexation 01-04, Zone Change 01-03, Conditional Use 02-08, Design
Review 02-19, Variance 03-04, Variance 03-05 and Exception to Street Right of Way and
Improvements Requirement 03-03 approvals are subject to the conditions contained in Exhibit
"D", which is affixed hereto and incorporated herein, which the Council finds reasonable.
City Attorney
Date
Approved:
Kathy 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
Pagc 2 - COUNCIL BILL NO.
ORDINANCE NO.
112
I-XIIIUIL
LEGAL DESCRIPTION
Beginning in the center of County Road at a point which is North 00° 15' 00" East
540.5 feet and South 89" 39' 00" East 1868.56 feet from the most Northerly
Northwest corner of the Peter Raymond Donation Land Claim in Township 5 South,
Range 2 West of the Willamette Meridian in Marion County, Oregon; thence South 00°
18' 15" West 1625.84 feet to the South line of a tract of land conveyed to Dan Widmer
and Elfie M. Widmer, husband and wife, by that certain instrument dated May 24,
1944, and recorded June 14, 1944 in Volume 304, Page 98, Deed Records for Marion
County, Oregon; thence South 89° 18' 15" East 802.30 feet along the South line of
said tract; thence North 00° 18' 15" East 1629.90 feet to the center of said County
Road; thence North 89° 39' 00" West 802.30 feet West along the center of said
County Road to the place of beginning.
SAVE AND EXCEPT: Beginning in the center of County Road at a point which is Nodh
00° 15' 00" East 540.5 feet and South 89° 39' 00" East 1868.56 feet from the most
Northerly Northwest corner of the Peter Raymond Donation Land Claim in Township 5
South, Range 2 West of the Willamette Meridian in Marion County, Oregon; thence
South 00° 18' 15" West 1625.84 feet to the South line of a tract of land conveyed to
Dan Widmer and Elfie M. Widmer, husband and wife, by that certain instrument dated
May 24, 1944, and recorded June 14, 1944 in Volume 304, Page 98, Deed Records
for Marion County, Oregon; thence South 89° 18' 15" East 802.30 feet along the South
line of said tract; thence North 00° 18' 15" East 1146.26 feet; thence North 89° 39' 00"
West 450.00 feet; thence North 00° 18' 15" East 484.00 feet to a point on the center of
County Road No. 517; thence North 89° 39' 00" West 352.30 feet to the place of
beginning and containing 24.98 acres of land.
113
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114.
Exhibit "C"
FINDINGS AND CONCLUSIONS
Annexation 01-04
Zone Change 01-03
Conditional Use 02-08
Design Review 02-19
Variance 03-03
Variance 03-04
Variance 03-05
Exception to Street Right of Way and Improvements Requirement 03-03
II.
APPLICATION INFORMATION:
Applicant & Property Owner:
City of Woodburn
270 Montgomery Street
Woodburn, Or 97071
NATURE OF APPLICATION
The applicant is requesting to annex a 4.69 acre parcel into the City of Woodburn
and change its zoning from a Marion County "Urban Transition Farm (UTF)" to
City of Woodburn "Public and Semi-Public (P/SP)". The applicant is requesting
conditional use and design review approval for a 3,800 square foot treatment
plant, filters, 80,000 gallon backwash tank, 2,700,000 gallon storage reservoir
and 400 square foot well house. The applicant is requesting three variances to
allow for a barbed wire fence; the height of the water storage reservoir to be 52
feet when 35 feet is the maximum allowable height in the P/SP zone; and the
rear yard setback for the water storage reservoir to be 12 feet when a 36 foot
minimum rear yard setback is required in the P/SP zone. The applicant is also
requesting an exception to street dght of way and improvement requirements to
allow for a reduced right of way and the modification of the street cross section
for the bike lane to be located to the south of the sidewalk as has been done on
the properties to the east.
III.
RELEVANTFACTS:
The property is located at 828 Parr Road, further described on Marion County
Assessor Maps as Township 5 South, Range 2 West, Section 13, Tax Lot 600.
The site is in Marion County and is designated as "Urban Transition Farm (UTF)."
The property is designated as "Public Use" on the City of Woodbum
Comprehensive Plan Map and would be zoned as "Public and Semi-Public
(P/$P)" at the time of annexation.
828 Parr Road Page 3
115
IV.
An existing single family dwelling is located on the northern edge of the subject
site. The remainder of the property is bare ground and berry vines. The property
is flat and 4.69 acres in size. No wetlands or floodplains are located on the
property.
The adjacent property to the north (across Parr Road) is also located outside of
the City. The property to the north is under the Marion County zoning
designation of "UTF" and is designated for residential greater than 12 units per
acre on the Woodburn Comprehensive Plan. It is an undeveloped site. The
properties to the south, west and east are located within the Woodburn city limits.
The property to the west and south is zoned P/SP and designated for public use
on the Woodburn Comprehensive Plan. A city park is located on this property.
The properly to the east is zoned "Single Family Residential (RS) and designated
residential less than 12 units per acre on the Woodburn Comprehensive Plan
Map. A school is located on this property. Parr Road runs along the northern
edge of the subject site.
The property owner is requesting annexation of the property so that a 3,800
square foot treatment plant, filters, 80,000 gallon backwash tank, 2,700,000
gallon storage reservoir and 400 square foot well house can be constructed on
the subject site. The proposed facility is part of the implementation of the capital
improvements specified in the city's Water Master Plan. The facility is part of a
project that will improve the aesthetic quality of the water through the removal of
iron and manganese from the city's water supply. The reservoirs will allow for
the water supply system to handle peak demands of water and provide water
reserves for an emergency situation. The proposed plant will also ensure that the
water supply will comply with new regulations regarding maximum arsenic levels
and have the capability to deal with proposed radon limits and other potential
changes to the Safe Drinking Water Act. The proposed water treatment facility
use of the property is a conditional use in the P/SP zone.
The Annexation and Zone Change applications are subject to the Woodburn
Zoning Ordinance because they were submitted prior to the July 1,2002 effective
date of the new Woodburn Development Ordinance. The Conditional Use,
Design Review, Variances, and Exception to Street Right of Way and
Improvements Requirement applications are subject to the new Woodburn
Development Ordinance because they were submitted after July 1,2002.
RELEVANT APPROVAL CRITERIA
ANNEXATION 01-04
A. OREGON STATEWIDE PLANNING GOALS
B. WOODBURN COMPREHENSIVE PLAN
828 Pan Road Page 4
116
IX. Goals and Policies
D. Annexation Goals and Policies
H. Public Services Goals and Policies
I. Wastewater Goals and Policies
J. Water Goals and Policies
L. Growth Goal
M. Growth and Urbanization Policies
R. Recreation and Parks Goals and policies
C. WOODBURN TRANSPORTATION SYSTEMS PLAN
ZONE CHANGE 01-03
A. WOODBURN COMPREHENSIVE PLAN
WOODBURN ZONING ORDINANCE
1. Chapter 15 Zone Change Procedures
2. Chapter 16 Comprehensive Plan Amendment Procedures
Conditional Use 02-08:
1) WOODBURN DEVELOPMENT ORDINANCE
Section 5.103.01 Conditional Use
Design Review 02-19:
1) WOODBURN DEVELOPMENT ORDINANCE
Section 2.111
Public and Semi-Public (P/SP)
Section 3.101
Section 3.102
Section 3.103
Section 3.104
Section 3.105
Section 3.106
Section 3.107
Section 5.103.02
Street Standards
Utilities and Easements
Setbacks, Open Space and Lot Standards,
Generally
Access
Off Street Parking and Loading
Landscaping Standards
Architectural Design Guidelines and Standards
Design Review for All Structures 1000 Sq. Ft. OR
MORE
2) WOODBURN TRANSPORTATION SYSTEM PLAN
Variance 03-03:
1) WOODBURN DEVELOPMENT ORDINANCE
Section 2.202.03.D Construction Materials Prohibited
Section 5.103.11 Variance
Variance 03-04:
1) WOODBURN DEVELOPMENT ORDINANCE
Section 2.111.05.B Building Height
828 Parr Road
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117
Vo
Section 5.103.11 Variance
Variance 03-05:
1) WOODBURN DEVELOPMENT ORDINANCE
Section 2.111.05.C.2 Interior Side and Rear Yard Setbacks
Section 5.103.11 Variance
Exception to Street Riqht of Way and Improvements Requirement 03-03 1) WOODBURN DEVELOPMENT ORDINANCE
Section 3.101 Street Standards
Section 5.103.12 Exception to Street Right of Way and Improvements
Requirement
FINDINGS:
Annexation 01-04
A. Oregon Statewide Planninq Goals
FINDING: The property is proposed to be annexed into the City under the
"Public and Semi-Public (P/SP)" zone. It is currently designated as public
use on the Woodbum Comprehensive Plan and is within the Urban Growth
Boundary. The P/SP zone is consistent with the public use designation of the
Woodburn Comprehensive Plan. The Woodburn Comprehensive Plan was
acknowledged by the State of Oregon in the 1980s. As a result, the statewide
planning goals are being implemented through the acknowledged
Comprehensive Plan. This approval criterion is met.
B. Woodburn Comprehensive Plan
FINDING: The property is designated as public use on the City of Woodburn
Comprehensive Plan Map. It is proposed to be annexed into the City under
the P/SP zone. The existing single family dwelling is not a permitted use in
the P/SP zone. A condition of approval is that the single family dwelling shall
be removed prior to building permit issuance. The applicant is proposing a
water treatment facility on the subject site which is a conditional use in the
P/SP zone. The applicant has requested conditional use approval, design
review approval, three variance approvals, and an exception to street right of
way and improvements requirement approval to allow for the proposed use.
IX. Goals and Policies
D. Annexation Goals and Policies
D-1. The goal is to guide the shape and geographic area of the City
within the urban growth boundary so the City limits:
828 Parr Road
Page 6
118
A. Define a compact service area for the City;
B. Reflect a cohesive land area that is all contained within the
City; and
C. Provide the opportunity for growth in keeping with the
City's goals and capacity to serve urban development.
D-2.
The goal is to clearly establish the intent of each proposed
expansion of the City; to assess the proposal's conformance
with the City's plans and facility capacity and to assess its
impact on the community prior to deeming an annexation
application complete.
D-3. The goal is to achieve greater utilization of land within the City
by:
a. Incorporating all of the territory within the City limits that
will be of benefit to the City into the City.
bo
Providing the opportunity for the urban in-fill of vacant and
under utilized property that is currently unincorporated and
surrounded by the City.
Fostering an efficient pattern of urban development in the
City, maximizing the use of existing City facilities and
services, and balancing the costs of City services among
all benefited residents and development by incorporating
all territory into the City limits that will be of benefit.
FINDING: The parcel to be annexed is contiguous to the city limits on
three sides. The annexation of the subject site promotes a cohesive
land use pattern since it is planned for public use and adjoins land used
for two other public uses, a park and a school. Installation of a water
treatment facility on this site will improve the aesthetic quality of the city's
water and allow for a water supply to accommodate growth. Annexation
of this property is also in conformance with the city's infrastructure
master plan and capital improvement plan. These approval criteria are
met.
H. Public Services Goals and Policies
H-1. Public facilities and services shall be provided at levels
necessary and suitable for existing uses. The provision for
future public facilities and services in these areas shall be
based upon (1) the time required to provide the service, (2)
828 Parr Road
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119
reliability of service, (3) financial cost, and (4) levels of service
needed and desired.
FINDING: The subject site is proposed to be used for a water treatment
facility that will improve the aesthetic quality of the city's water supply
and provide increased water storage to deal with emergency uses. The
treatment facility will also serve to meet growth needs for water supply
within the city. This approval criterion is met.
I. Wastewater Goals and Policies
FINDING: The discharge from the treatment facility will not impact the
city's wastewater treatment facility. This approval criterion is met.
J. Water Goals and Policies
J-1.
Develop a system that will provide the water system's
customers with safe drinking water that meets quality
expectations in sufficient quantity to meet demand.
J-1-2.
Develop a plan to treat the city's water supply to reduce
elevated levels of iron and manganese which provides
undesirable aesthetic effects.
J-1-3.
Develop a supply and distribution system that provides
for reliable fire protection.
J-2.
Develop a plan that will economically provide safe,
plentiful drinking water to the city's water system
customers accounting for projected growth through the
year 2020 in accordance with the City of Woodburn
Water Master Plan.
FINDING: The property owner is requesting annexation of the property
so that a 3,800 square foot treatment plant, filters, 80,000 gallon
backwash tank, 2,700,000 gallon storage reservoir and 400 square foot
well house can be constructed on the subject site. The proposed facility
is part of the implementation of the capital improvements specified in the
city's Water Master Plan. The facility is part of a project that will improve
the aesthetic quality of the water through the removal of iron and
manganese from the city's water supply. The reservoirs will allow for the
water supply system to handle peak demands of water and provide
water reserves for an emergency situation. The proposed plant will also
ensure that the water supply will comply with new regulations regarding
maximum arsenic levels and have the capability to deal with proposed
828 Parr Road
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120
radon limits and other potential changes to the Safe Drinking Water Act.
These approval criteria are met.
L. Growth Goals
FINDING: The water treatment facility planned to be placed on the
subject property will ensure areas added to the city in the future will have
an aesthetically high quality of water and safe supply of drinking water.
The proposed annexation is within the urban 9rowth boundary. The
property is adjacent to two other public used properties. The applicant
will improve Parr Road as part of the development of the treatment plant.
The proposed treatment plant is part of the city's approved Water Master
Plan and Capital Improvement Plan. The annexation request has been
forwarded to Marion County for their comments. This approval criterion
is met.
M. Growth and Urbanization Policies
M-1. To insure that growth is orderly and efficient, the City shall
phase the needed public services in accordance with the
expected rate of growth. The extensions of the existing public
services should be in accordance with the master plans in this
Comprehensive Plan.
FINDING: Public services are available to the subject site. The water
treatment facility planned to be placed on this property will ensure areas
added to the city in the future will have an aesthetically high quality of
water and safe supply of drinking water. The proposed treatment plant
is part of the city's approved Water Master Plan and Capital
Improvement Plan. These approval criteria are met.
R. Recreation and Parks Goals and Policies
FINDING: The proposed annexation is adjacent to an existing city park
(Centennial Park). The planned water treatment facility is not anticipated
to utilize the entire parcel. If the unused property is not required for
future plant expansion, then it can be used as an expansion of
Centennial Park.
C. Woodburn Transportation Systems Plan (TSP)
FINDING: The applicant is proposing to provide the full street improvement
required for Parr Road which is classified as a service collector in the TSP. The
applicant is requesting an exception to street right of way and improvements
requirement for the required dght of way to be reduced from 74 feet to 60 feet
and the modification of the street cross section for the bike lane to be located to
828 Parr Road Page 9
121
the south of the sidewalk as has been done on the properties to the east. The
exception to street right of way and improvements requirement request is
discussed later in this report.
Zone Chanqe 01-03
A. Woodburn Comprehensive Plan
FINDING: Applicable goals and policies have been satisfied through the
implementation of the Woodburn Zoning Ordinance and other applicable
ordinances in affect at the time of approval. The designated land use for the
property is Public Use on the Comprehensive Plan Map which is consistent
with the proposed "Public and Semi-Public (P/SP)" zone designation. This
approval criterion is met.
B. WOODBURN ZONING ORDINANCE
1. Chapter 15 Zone Change Procedure
Section 15.010. Amendments. A Zone Change is a reclassification
of any area from one zone or district to another, after the proposed
change has been reviewed and a recommendation made by the
Planning Commission. Such change shall be by an ordinance
enacted by the Common Council after proceedings have been
accomplished in accordance with the following provisions.
Section 15.035. Hearing Before the Planning Commission. The
Planning Commission shall hold a public hearing as described in
Chapter 7 of the Zoning Ordinance. After concluding its hearing, the
Planning Commission shall prepare a report setting forth a
summary of facts and conditions involved in the reclassification and
submit the same, together with its recommendation to the Common
Council.
Section 15.040. Hearing Before the Common Council. If the
Common Council so desires, it may hold a public hearing on any
proposed Zone Change or reclassification as provided in Chapter 7.
Any Zone Change or reclassification of property shall be by
ordinance, and shall not be passed until after the conclusion of a
public hearing held either by the Planning Commission or Common
Council. Denial of a Zone Change or reclassification shall be by
motion. The petitioner may present written or oral information to
the Common Council at the time the rezone or reclassification is
considered. Whenever any change is authorized by the Common
Council, the Official Zoning Map shall be changed as provided in
Section 4.050.
828 Parr Road
Page 10
122
FINDING: A zone change is being requested as part of this proposal from
Marion County "Urban Transition Farm (UTF)" to City of Woodburn "Public
and Semi-Public (P/SP)." The zone change is necessary in order for City
zoning to be established on the properly once it is annexed from Marion
County. This zone designation is compatible with the proposed use on the
subject property as well as with the public use designation on the
Comprehensive Plan Map.
2. Chapter 16. Comprehensive Plan Map Amendment Procedure.
Section 16.080. Burden of Proof. The following specific questions
shall be given consideration in evaluating requests regarding plan
and zoning amendments and are as follows:
(b) To support a zone change, the applicant shall:
(1) Show there is a need for the use proposed;
FINDING: The property owner is requesting the annexation and zone
change on the subject site so that a 3,800 square foot treatment plant,
filters, 80,000 gallon backwash tank, 2,700,000 gallon storage
reservoir and 400 square foot well house can be built. The proposed
facility is part of the implementation of the capital improvements
specified in the city's Water Master Plan. The facility is part of a
project that will improve the aesthetic quality of the water through the
removal of iron and manganese from the city's water supply. The
reservoirs will allow for the water supply system to handle peak
demands of water and provide water reserves for an emergency
situation. The proposed plant will also ensure that the water supply will
comply with new regulations regarding maximum arsenic levels and
have the capability to deal with proposed radon limits and other
potential changes to the Safe Drinking Water Act. This approval
criterion is met.
(2) Show that the particular piece of property in question will best
meet that need:
FINDING: The city's Water Master Plan specifies that one of three
required treatment plants has to be located in the south quadrant of the
city. The subject site meets this requirement. There is an existing city
water supply well on the site that will supply water to the proposed
water treatment facility.
The subject property is also adjacent to two other public uses, a city
park and school. The treatment plant is compatible with these uses
828 Parr Road
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123
because it is quiet and odor free. A shared driveway access is
proposed on the subject site between the treatment facility and
Centennial Park, located to the west and south of the subject site, to
improve traffic circulation. In addition, if the entire subject site is not
utilized by the proposed water treatment facility and future expansion,
then there is an opportunity for the western portion of the site to be
utilized for an expansion of Centennial Park. This approval criterion is
met.
Conditional Use 02-08:
1) WOODBURN DEVELOPMENT ORDINANCE
Section 5.103.01 Conditional Use
Purpose. A conditional use is an activity which is permitted in
a zone but which, because of some characteristics which are
not entirely compatible with other uses allowed in the zone,
cannot be permitted outright. A public hearing and review of
the proposed conditional use and the imposition of conditions,
if necessary, is intended to insure that the use proposed will be
as compatible as practical with surrounding uses, and is in
conformance with the requirements of the district and with
other applicable criteria and standards. Conditions that
increase the maximum development standard of the WDO may
be imposed without a concurrent variance. Conditions that
decrease the minimum standards of a WDO development
standard require a concurrent variance.
FINDING: The property owner is proposing a 3,800 square foot
treatment plant, filters, 80,000 gallon backwash tank, 2,700,000
gallon storage reservoir and 400 square foot well house on the
subject site. A government public utility building is a conditional use
in the P/SP zone. ^ public hearing is being held for the review of this
application.
Application Requirements. An application shall include a
completed City application form, filing fee, deeds, notification
area map and labels, written narrative statement regarding
compliance with criteria, location map and the following
additional exhibits:
1. Street and Utility Plan;
2. Transportation Impact Analysis (TIA), as applicable; and
828 Parr Road
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124-
3. Site Plan.
FINDING: The applicant has submitted all of the above listed items
except a Transportation Impact Analysis (TIA). There will be a
minimal increase in vehicular traffic since only daily maintenance
checks will occur on the site. A TIA was not required because the
daily maintenance checks required on the subject site will not
generate 100 or more additional, peak hour trips, or 1,000 or more
additional daily trips, within ten years of the development
application. This approval criterion is met.
Criteria.
The proposed use shall be permitted as a conditional
use within the zoning district.
FINDING: The property owner is proposing a 3,800 square foot
treatment plant, filters, 80,000 gallon backwash tank, 2,700,000
gallon storage reservoir and 400 square foot well house on the
subject site. A government public utility building is a conditional
use in the P/SP zone. This approval criterion is met.
2. The proposed use shall comply with the development
standards of the zoning district.
FINDING: The proposed development complies with the
development standards of the P/SP zone, as discussed throughout
this staff report with the exception of a proposed barbed wire fence,
a proposed water storage reservoir which exceeds the maximum
height requirement and the minimum rear yard setback in the P/SP
zone and the dedication of less than the required right of way on
Parr Road, a service collector. The applicant is requesting three
variances and an exception to the street right of way and
improvements requirement as discussed later in this report. This
approval criterion is met.
3. The proposed use shall be compatible with the surrounding
properties.
FINDING: The proposed water treatment facility will be compatible
with the surrounding properties based on the discussion of the
following considerations.
Considerations. Relevant factors to be considered in
determining whether the proposed use is compatible
include:
828 Parr Road
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125
a. The suitability of the size, shape, location and
topography of the site for the proposed use
FINDING: The subject site faces onto a service collector
street (Parr Road) and is flat in character. There is an
existing city water supply well on the site that will supply
water to the proposed water treatment facility. A new exit
from the existing Centennial Park, to the west of the subject
site, will be provided as part of the proposed access drive on
the east side of the subject property to improve traffic
circulation in the park.
The 4.69 acre site is large enough for the proposed water
treatment plan facility. If the entire site is not utilized by the
proposed water treatment facility and future expansion, then
there is an opportunity for the western portion of the site to
be utilized for an expansion of Centennial Park.
b. The capacity of public water, sewerage, drainage,
street and pedestrian facilities serving the proposed
use;
FINDING: The Public Works Department commented that
there is sufficient capacity for all infrastructure in the area to
support the proposed project. Water, sewer and storm
sewer connections are available on site or on the adjacent
city street network and are of sufficient size to handle the
additional load placed by this facility. The applicant is
proposing a full street improvement on Parr Road, a collector
street. The applicant, however, is not proposing to provide
the full required right of way on Parr Road adjacent to the
subject site. The applicant is requesting an exception to the
street right of way and improvements requirement to allow
for a reduced right of way on Parr Road. The exception
request is discussed later in this report.
c. The impact of the proposed use on the quality of the
living environment:
1. Noise;
FINDING: A noise study was prepared for a treatment
facility proposed to be located on the north side of the city in
a primarily residential area where noise generation was a
concern of the city. A copy of the noise study is attached to
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126
this report. The study concluded that the normal operation
of this type of water treatment plant can be described as
very quiet. During standard operations, the noise levels at
the receiver property line will be well below the established
code limits, and below the existing ambient conditions.
During the filter back washing, which happens infrequently
every second or third day, the noise levels increase
dramatically for a three minute time period. During this time,
the blowers release the pressure and excessive noise is
generated in the blower room radiating through the air intake
louvers and the exhaust fan. The consultants presented
recommendations on how to limit the exterior noise levels to
below code requirements. One of the recommendations was
to schedule the cleaning of the filters during daytime only.
After the pressure is released, the back washing of the filters
continues for about four more hours during which the noise
levels drop well below the code requirements.
The properties to the west, south and east that directly abut
the subject site are used for a park and school. These uses
will not be negatively impacted by the noises generated from
the proposed water treatment facility. These uses do not
operate during the night hours.
2. Illumination;
FINDING: The applicant states that lights will be placed on
the subject site for security purposes. The applicant states
that the lighting will be directed inward toward the site. A
condition of approval is that the applicant provide a lighting
plan to the Community Development Department for review
and approval.
3. Hours of operation;
FINDING: This facility will operate unmanned with
operations directed from a central control center. There will
be daily maintenance checks of the proposed facility. The
adjacent uses, park and school, will not be negatively
impacted by the hours of operation because few vehicular
trips will be made to the site and no employees will be
working permanently on the site.
4. Air quality;
828 Parr Road
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127
eo
FINDING: The applicant states that nothing included in the
proposed project affects air quality. Small quantities of
radon will be released from the reservoir to allow the city to
be in compliance with anticipated regulatory levels that are
expected to be established under the federal Safe Drinking
Water Act of 1996. Regulatory agencies were consulted on
potential permitting requirements for the proposed radon
reduction operation. It was concluded that no permits will be
required.
5. Aesthetics; and
FINDING: An earth tone color of paint will be required on
the exterior of the proposed facilities so they meld with
abutting buildings. A condition of approval is that the
applicant shall submit a color elevation of all the proposed
facilities for review and approval by the Community
Development Director. Landscaping in front of a proposed
chain link fence along the north side of the subject site with
street trees planted in a planter strip to the north of the fence
will be required. The street trees and landscaping will
improve the curb appearance of the site. A row of arborvitae
will be required along the east and south property lines of
the subject site to screen the facility from the park and
school to the south and east of the subject site.
6. Vehicular traffic.
FINDING: The Public Works Department commented that
there will be a minimal increase in traffic since only daily
maintenance checks will be made on the subject site. The
traffic generated does not require a traffic impact analysis as
previously discussed in this report.
The conformance of the proposed use with applicable
Comprehensive Plan policies; and
FINDING: A discussion of how this proposal complies with
applicable Comprehensive Plan policies was included in the
beginning of this report as part of the applicant's annexation
request. This approval criterion is met.
The suitability of proposed conditions of approval to
insure compatibility of the proposed use with other uses
in the vicinity.
828 Parr Road
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128
FINDING: The recommended conditions of approval
regarding landscaping, paving, and painting of building
exteriors, discussed in this staff report will insure
compatibility of the proposed use with the surrounding uses.
The applicant states that the conditions related to
compatibility with other uses in the vicinity will be complied
with. This approval criterion is met.
Design Review 02-19:
1) WOODBURN DEVELOPMENT ORDINANCE
Section 2.111 Public and Semi-Public (P/SP)
Section 2.111.03 Conditional Uses
The following uses may be permitted in the P/SP zone subject to the
applicable development standards of the WDO and to the conditions
of conditional use approval:
Government and public utility buildings and structures
EXCEPT uses permitted in Section 2.111.01 and
telecommunications facilities subject to Section 2.204.03.
FINDING: The proposed 3,800 square foot treatment plant, filters, 80,000
gallon backwash tank, 2,700,000 gallon storage reservoir and 400 square
foot well house are conditional uses in the P/SP zone. A discussion of the
proposed use and its compliance with the conditional use criteria was
discussed previously in this report.
A single family dwelling is currently located on the subject site. This use is
not allowed in the P/SP zone. Section 1.104.02 of the WDO states that
"...the nonconforming use of a building, structure or land shall be
considered terminated if the Community Development Director finds the
use of the building, structure or land ceased, for any reason, for a
continuous period of 6 months..." The applicant has indicated that the
single family dwelling has been vacant for more that 6 months. A
condition of approval requires that the single family dwelling on the subject
site to be removed prior to building permit issuance.
Section 2.111.04 Accessory Uses
The following uses are permitted as accessory uses subject to
Sections 2.202. B. Fence or free standing wall.
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FINDING: The applicant is proposing a barbed wire fence to be located
around the water treatment facility. Barbed wire is not allowed as a
fencing material in the P/SP zone. The applicant has requested a
variance to allow for the proposed fence to be constructed with barbed
wire. This variance is discussed later in this report.
Section 2.111.05 Dimensional Standards
The following dimensional standards shall be the minimum
requirements for all development in the P/SP zone.
A. Lot Standards.
Lots in a P/SP zone shall comply with the applicable standards of
Table 2.1.19.
TABLE 2.1.19 Lot Standards for Uses in a P/SP Zone
In a P/SP zone the lot area for a non-residential use shall be
adequate to contain all structures within the required setbacks.
There shall be no minimum width or depth.
FINDING: All of the required setbacks are met except for the required
rear yard setback from the proposed water storage reservoir to the south
property line. The applicant is proposing a 12 foot rear yard when 36 feet
is required for a building more than 28 feet tall. The applicant has
submitted a variance application to the rear yard setback which is
discussed later in this staff report.
B. Building Height.
The maximum height of buildings, EXCEPT chimneys, spires, domes,
flag poles and other features not used for human habitation (EXCEPT
telecommunication facilities), shall be 35 feet.
FINDING: The highest height proposed for the treatment plant is 27 feet,
for the backwash tank is 27 feet and for the well house is 14 feet which
meets the 35 foot maximum height requirement. The water storage
reservoir is proposed to be 52 feet in height which exceeds the 35 foot
maximum height allowed in the P/SP zone. The applicant has submitted a
variance request to allow for an increased height for the proposed water
storage reservoir. The variance request is discussed later in this report.
C. Setback and Buffer Improvement Standards.
1. Front Yard Setback and Setback Abutting a Street:
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a. Dimensions:
The minimum setback abutting a street shall be 20 feet
plus any Special Setback, Section 3.103.05.
FINDING: The required minimum setback along Parr Road is 20
feet plus the special setback of 37 feet for a total of 57 feet from the
centerline. The closest proposed building (well house) on the
subject site is 85 feet from the centerline of Parr Road which meets
the 57 foot special setback and front yard setback from the
centerline of Parr Road. This approval criterion is met.
b. Off Street Parking, Maneuvering and Storage:
1)
Off street parking and storage shall be prohibited
within a required setback.
2)
The distance between the sidewalk on a public
street and a loading dock shall be sized to
preclude vehicles using the dock from projecting
over the sidewalk.
FINDING: The proposed parking is located 160 feet from the
centerline of Parr Road which meets the required 57 foot front yard
setback from the centerline of Parr Road. The proposed parking is
located 55 feet from the west property line, 130 feet from the east
property line, and 295 feet from the south property line which meets
the 24 foot interior yard setback (for a parking area). This approval
criterion is met.
Clear Vision Area: Fences, walls, landscaping and signs
shall be subject to clear vision area standards, Section
3.103.10.
FINDING: No fences, walls, landscaping and signs are proposed to
be located in the vision clearance areas. This approval criterion is
met.
do
Vehicular Access: Permitted in conformance with
Section 3.104.
FINDING: The applicant is proposing to share access with the park
located to the west. Vehicles will enter the existing Centennial Park
access and exit the treatment plant site via a one-way driveway on
the northeast side of the subject property. Vehicular access is
discussed later in this report.
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TABLE 2.1.20
Abutting Property
Permitted Use in a P/SP
Zone Abutting
RS, RIS, RM, CO, P/SP,
Existing residential unit.
2. Interior Side and Rear Yard Setbacks.
ao
Development in an P/SP zone shall be subject to the
setback and buffer requirements of Table 2.1.20.
Interior Yard and Buffer Standards for P/SP Zones
Landscaping Wall Interior Setback
All inlerior yards shall be
fully landscaped subject to
Section 3. 106.
No wall required 20 feet.
Conditional and/or
Accessory Use in a P/SP
Zone Abutting:
RS, RIS, RM, CO, PISP
Zone; or
Existing residential unit.
Conditional and/or
Accessory Use in a P/SP
Zone Abutting:
DDC, CG. IP or IL zone.
There is no buffer yard
landscaping requirement for
an interior yard abutting a
buffer wall.
There is no buffer yard
landscaping requirement for
and intedor yard abutting a
buffer wall.
Wall requirements shall be
determined in conjunction
with the applicable Design
Review process.
Wall requirements shall be
determined in conjunction
with the applicable Design
Review process.
24 ft. from any portion of
main building 16 f. or less
in height.
30 ft. from any portion of a
main building more than 16
fi. and less than 28 ft.in
height.
36 ft. from any portion of a
main building more than 28
ft. and less than 35 ft. in
height,
20 ft.
FINDING: The proposed water treatment facility is a conditional
use that abuts properties zoned P/SP. The required interior
setback is 24 feet for a building 16 feet or less, 30 feet for a building
16 feet to 28 feet, and 36 feet for a building that is more than 28
feet and less than 35 feet.
The proposed well house is 14 feet in height. It is located over 100
feet from the east property line, over 200 feet from the west
property line, and over 370 feet from the south property line which
meets the 24 foot required interior yard setback. The treatment
plant building is 27 feet in height. It is located 95 feet from the east
property line, over 200 feet from the west property line and south
property line which meets the 30 foot interior setback requirement.
The backwash recovery tanks are 27 feet in height. They are
located a minimum of 30 feet from the east property line, over 200
feet from the west property line and over 135 feet from the south
property line which meets the required 30 foot intedor yard setback.
The proposed water reservoir is 52 feet tall. It is located 100 feet
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from the east property line, over 200 feet from the west property
line and 12 feet from the south property line. The required 36 foot
interior yard setback is met from the east and west property lines
but not the south property line. The applicant is requesting a
variance to allow for a 12 foot setback from the south property line.
This variance is discussed later in this report.
Table 2.1.20 specifies that the wall requirement shall be determined
in conjunction with the applicable Design Review process. A public
park abuts the south and west sides of the subject site. A school
abuts the east side of the subject site. A wall is not necessary on
the south and west property lines of the subject site since the
parking lot for the park is located to the south and over 200 feet of
land separates the proposed development from the west property
line. Access is being shared between the park and the proposed
treatment facility and there is an opportunity for the western portion
of the subject site to be utilized for an expansion of the park. A wall
is also not necessary on the east property line because a vacant
field and parking area for the school separate the proposed
development from the school buildings.
The applicant is proposing arborvitae and fencing on the east and
south property lines and trees to the west of the proposed
developed area to buffer the proposed use from the adjacent
properties. The treatment plant is compatible with the park and
school because it is quiet and odor free.
The building setback from a private access easement
shall be a minimum of 5 feet.
FINDING: All proposed buildings are located more than 10 feet
from the private access on the subject site. This approval criterion
is met.
Section 2.111.06 Development Standards
All development in the P/SP zone shall comply with the applicable
provisions of the WDO. The following standards specifically apply to
uses in the P/SP zone
D. Signs.
Signs shall be subject to the Woodburn Sign Ordinance.
FINDING: The applicant is not proposing signs at this time. Any signs
proposed in the future shall be subject to the Woodburn Sign Ordinance.
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E. Landscaping and Sidewalks.
Common refuse collection facilities shall be screened on all
sides by an architectural block wall and solid gate, both
with an anti-graffiti surface, a minimum of six feet and a
maximum of seven feet in height.
FINDING: Common refuse facilities are not shown on the site plan. Any
future common refuse collection facility will be required to meet this
requirement.
Section 3.101
Street Standards
Section 3.101.02 General Provisions
No access permit shall be issued unless the internal
street(s), boundary street(s) and abutting street(s) are
constructed pursuant to Section 3.101.02. C, UNLESS or
until the applicant has obtained an exception as
provided in this section.
C. Design and Construction Standards.
All public streets under the jurisdiction of the City
of Woodburn shall comply with the applicable
cross section design standards noted in Section
3.101.03 and construction specifications of the
Public Works Department.
Do
Street Right of Way and Improvement Standards for
Development
Any development subject to an access permit, Section
3.104, shall be responsible for adequate street rights of
way and improvements. The standards of Section
3,101,02,D may only be modified subject to the approval
of an exception, Section 5.103.12. In no instance may
standards be reduced below specified minimum, non-
variable standards...
Boundary Street Standard. (Figure 6.12)
Right of Way Standard. The full right of way
for the subject street classification, Section
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3.101.03, shall be required for a boundary
street without an approved exception or
variance.
The minimum standard for a boundary
street right of way shall be no less than the
width necessary to accommodate the
boundary street improvement standard.
Street Improvement Standard. The full
street improvement for the subject street
classification, Section 3.101.03, shall be
provided for a boundary street without an
approved exception or variance.
The minimum boundary street improvement
standard shall be equivalent to:
(1)
One, 12 foot wide travel lane in each
direction, including curbs in each
direction where the classification
specifies a maximum standard of two
travel lanes;
(2) Required drainage facilities; and
(3)
In addition to the improvements cited
in 1) above, the full improvement of
the street from the center line to the
boundary of the subject property
plus any center turn lane as
described for the street
classification.
Sidewalks. All sidewalks shall be a minimum of $ feet
wide, excluding the curb, and located one foot from the
right of way line EXCEPT in the DDC Zone or as
otherwise approved by variance.
Section 3.101.03
Right of Way and
Standards (Figure 6.9)
Improvement
A. The street right of way and improvement cross-sectional
standards required for development are depicted in the
Woodburn Transportation System Plan Figure 30,
EXCLUDING: Local Residential W! Parking Both Sides -
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'Skinny" Street; Local Residential W/ Parking One Side -
"Skinny" Street; and Local Residential Street W/No Parking.
(See Figure 6.6)
FINDING: Parr Road abuts the north side of the subject site. The
applicant is not proposing to meet the full right of way and street
improvements. The applicant is proposing to meet the minimum
boundary street improvements required for an exception to the
street standards. The applicant is requesting an exception to allow
for access permits to be issued without the full street right of way
dedication on Parr Road and the modification of the street cross
section for the bike lane to be located to the south of the sidewalk
as has been done on the properties to the east. The applicant's
exception request is described later in this staff report.
Section 3.102
Utilities and Easements
Section 3.102.01
Facilities
Water, Sanitary Sewer and Storm Drainage
Municipal water, sanitary sewer and storm drainage facilities shall
be installed to applicable Public Works Department and state
standards.
FINDING: The Public Works Department states in the submitted
narrative that "...there is sufficient capacity for all infrastructure in the
area to support the small additional load. Water, sewer and storm
sewer connections are available on the site or on the adjacent city
street network and are of sufficient size to handle the small additional
load placed by this facility..." This approval criterion is met.
Section 3.103 Setbacks, Open Space and Lot Standards,
Generally
Section 3.103.05. Special Street Setbacks
B. Setback Requirements.
Required setbacks adjacent to a street shall be in addition to
the special setbacks required in this Section. The special
setback distances shall be measured at right angles to the
center line of the original street right of way.
C. Special Provisions.
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Buildings, structures and paved surfaces shall not be located
within the special setbacks EXCEPT as specifically provided
for in the WDO. Any portion of a building or structure lawfully
established within a special street setback prior to date of
WDO shall be considered a nonconforming structure.
A. Special Setback Standards.
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.
TABLE 3.1.1 Special Setback Standards by Street Classification
WTSP Functional Classification Special Setback from Center Line
Major Arterial 50 feet
Minor Arterial 37 feet
Service Collector 37 feet
Access Street with Parking or Golf 35feet
Carts
Access Street with Bike Lanes 30 feet
FINDING: Parr Road is classified as a Service Collector in the
Woodburn Transportation System Plan (TSP). The Special setback
from the center line is 37 feet plus the required 20 foot front yard
setback in the P/SP zone which totals 57 feet. The closest
proposed building (well house) on the subject site is 85 feet from
the centedine of Parr Road which meets the 57 foot front yard
setback from the centerline of Parr Road. These approval criteria
are met.
Section 3.t04 Access
Section 3.104.01 Applicability
A. Street Access Required.
'1. Every lot shall have direct access to an abutting public
street or to a public street by an irrevocable access
easement.
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2. Every joint driveway or cross connection between
separate lots shall be established by an irrevocable
access easement.
FINDING: The applicant is proposing shared access with
Centennial Park located to the west of the subject site. Vehicles
will enter the existing Centennial Park access and exit the
treatment plant site via a one-way driveway to improve vehicle
circulation in the park. This approval criterion is met.
B. Access to City Streets, Permit Required.
A City permit shall be required for any new or
modified vehicular access to a street that is under
City jurisdiction. The following types of access
shall be subject to such a permit:
a. Site access to and/or from a City street;
b. An extension of an existing City street; or
Co
A new public or private street connecting to
a City street.
FINDING: An access permit will be required for the
proposed new access on Parr Road prior to the issuance of
a building permit
A Traffic Impact Analysis (TIA) may be required by
the Public Works Director prior to the approval of
a City access or street construction permit when
the Director estimates a development proposal
may generate either 100 or more additional, peak
hour trips, or 1,000 or more additional daily trips,
within ten years of a development application. A
TIA shall evaluate the traffic impacts projected of
a development proposal and the estimated
effectiveness of potential traffic impact mitigation
measures. The methodology for a TIA shall be
consistent with Public Works Department
guidelines.
FINDING: The Public Works Department commented that
there will be a minimal increase in traffic since only daily
maintenance checks will be made on the subject site. The
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138
traffic generated does not require a traffic impact analysis as
previously discussed in this report. This approval criterion is
met.
Section 3.104.03 Driveway Access Guidelines, Type II and III
Applications
A. Guidelines for the Number and Location of Driveways, Type II
and Type III Applications.
3. Cross Connections.
Similar, and/or compatible, uses on abutting lots
should have interconnected on-site access and
parking facilities. Such shared facilities serving
properties under separate ownership shall be
subject to legal documentation, to the satisfaction
of the City Attorney, establishing permanent use
of the access and parking facilities. The
agreement shall be recorded with the County
Recorder and filed with the Community
Development Director.
FINDING: The applicant is proposing shared access with
Centennial Park located to the west of the subject site. Vehicles
will enter the existing Centennial Park access and exit the
treatment plant site via a one-way driveway. An irrevocable access
easement will not be required for the shared access because the
abutting lots are under the same ownership. This approval criterion
is met.
5. Dysfunctional or unused driveways should be closed.
FINDING: Three existing driveways are located on the subject site.
Two of the driveways serve a single family home which is
conditioned to be removed. These driveways will also be
conditioned to be removed prior to the issuance of final occupancy
because they will no longer be needed. The third driveway is not
shown as being utilized on the submitted site plan. It shall also be
removed prior to the issuance of the final occupancy.
Driveway Spacing
Applications.
Guidelines, Type II and III
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The minimum separation of a driveway from: a) the special
setback of a parallel major street, b) the right of way of a parallel
local street, or c) a from another driveway should be as follows.
a)
b)
c)
Major Arterial Street: 300 feet;
Minor Arterial Street: 245 feet; and
Service Collector, Access or Local Street: 50 feet
EXCEPT where pre-existing conditions preclude such separation
the separation should be maximized.
FINDING: A new access (exit only) to the subject site is proposed on
Parr Road which is classified as a service collector in the TSP. The
proposed access is located over 200 feet from the west property line
and over 50 feet from the nearest driveway located on the adjacent
property to the east. This approval criterion is met.
Section 3.104.02 Driveway and Drive-Through Measurements and
Dimensions
A. Driveways Crossing a Setback.
The portion of a driveway crossing a setback shall be
perpendicular to the setback lines.
FINDING: The front yard setback in the P/SP zone is 20 feet from
the front property line. The proposed new driveway access on Parr
Road has a throat length of 30 feet that is perpendicular to the front
yard setback line. This approval criterion is met.
3.104.05 Driveway Dimension and Improvement Standards, Type
I, II and III Applications
E. Commercial and Industrial Use.
1. Paved Two-way Driveway Width.
With no turn lane: Throat and travel lane width 26 feet
minimum, 36 feet maximum. ("No parking" restrictions
shall be posted by the owner.)
FINDING: The applicant is proposing a new 16 foot wide one-way
ddveway access on Parr Road (service collector). The WDO does
not have a one-way driveway width standard for a commercial or
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Page 28
industrial use. A one-way driveway for a multi-family use is
required to be a minimum of 12 feet with no parking restrictions
posted by the owner. The 16 foot one-way driveway proposed on
Parr Road for this water treatment facility project should work using
the above stated standard as a minimum driveway width guideline.
F. Improvement Standards
1. Drainage shall be subject to Department of Public Works
policies and standards.
FINDING: The applicant states in the submitted narrative that
"...all water, sanitary sewer and storm drain connections will be to
city standards. Any required easements will be provided..." This
criterion will be met.
2. Paved Sudace.
a. The portion of driveway within the public right of
way: Portland cement concrete.
b. The portion of driveway on private property:
Portland cement concrete or asphalt.
FINDING: The proposed driveway will be required to meet this
standard.
Section 3.105 Off Street Parking and Loading
Section 3.105.01 Applicability
The provisions of this Section shall apply to the following types
of development:
A. New Building or Structure.
All requirements and standards of Section 3.105 shall apply to
any new building or structure erected after the effective date of
the WDO.
FINDING: The proposed water treatment use is not listed in Table
3.1.2 in regard to a required parking ratio. The proposed use is
listed in Table 3.1.3 in regard to a required loading space.
Expansion or Change of Use.
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3.1
E.
Any additional parking and/or loading required by the WDO to
accommodate a change in use, or expansion of an existing
use shall be subject to the following.
Applications subject to Type III Design Review, Section
5.103.02, shall conform all parking, loading and
landscaping for the subject use to the standards of the
WDO.
FINDING: The proposed use on the subject site shall conform to all
parking, loading and landscaping because the proposed water
treatment facility is subject to the Type III Design Review process.
05.02 General Provisions for Off Street Parking and Loading
Off Street Vehicle Parking Requirements.
Off street vehicle parking spaces shall be provided in
amounts not less than those set forth in Table 3.1.2.
FINDING: The proposed water treatment facility is a use that is not
listed in Table 3.1.2 in regard to a required parking ratio. The
applicant is proposing four parking spaces (one of which is a
handicap accessible parking space) to the north of the proposed
treatment building. The proposed four spaces will be adequate for
the proposed use since no full time employees will be located on
the site. Only daily maintenance checks will be made a few times
a day. In addition, no public access is being proposed for the
treatment facility.
The number of disabled person vehicle parking spaces
shall be provided to the standards of the state Building
Code and applicable federal standards. The number of
disabled person vehicle parking spaces shall be
included as part of total required vehicle parking
spaces.
FINDING: One disabled person vehicle parking space is required
per the Building Code. The applicant is proposing one disabled
vehicle parking space. This approval criterion is met.
Off Street Loading Requirements.
1. Off street loading spaces shall comply with the dimensional
standards and amounts not less than those set forth in
Table 3.1.3.
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The off street loading facilities shall be on the same lot, or
site, as the use or structure they are intended to serve.
Required loading spaces and required parking spaces shall
be separate and distinct.
FINDING: The proposed buildings (treatment building and well
house) total 4,200 square feet. Table 3.1.3 requires one loading
space for 0-9,999 sfgfa with a width of 12 feet, length of 30 feet and
height of 14 feet.
The applicant is proposing three loading areas on the subject site,
to the east of the well house and north and south of the treatment
building. The proposed loading areas to the north and south of the
treatment building are 14 feet wide and 35 feet long and 12 feet
wide by 50 feet long. The proposed loading area to the east of the
well house is 30 feet wide and 30 feet long. All of these loading
areas exceed the 12 foot wide and 30 foot long dimension
requirement. This approval criterion is met.
On-site Vehicle Parking and Loading Area Improvement
Requirements.
Surfacing. All vehicle parking and loading areas shall
be paved with asphalt, concrete or other hard surfacing
approved by the Public Works Director.
FINDING: The applicant is proposing to pave the vehicle and
loading areas. A condition of approval is that all vehicle parking
and loading areas shall be paved. This approval criterion is met.
Drainage. All vehicle parking and loading areas shall be
graded and provide storm drainage facilities approved
by the Public Works Director.
FINDING: A condition of approval is that all vehicle parking and
loading areas shall be graded and provide storm drainage facilities
approved by the Public Works Director.
Bumper Guards and Wheel Barriers. All vehicle parking
spaces, EXCEPT those for single family and duplex dwellings,
shall be constructed with bumper guards or wheel barriers
that prevent vehicles from damaging structures or projecting
over walkways, access ways or abutting property or rights of
way.
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FINDING: Bumper guards are required for the proposed 4 parking
spaces to the north of the treatment building because they would
project over the 5 foot sidewalk without them.
Size of Vehicular Parking Spaces and Maneuvering
Areas within Off Street Parking Areas.
Off street vehicle parking spaces and
maneuvering areas, EXCEPT those for single
family and duplex dwellings and those for
disabled persons, within off street parking areas
shall be designed in compliance with Table 3.1.4.
Three or more off street parking spaces provided
subject to Table 3.1.4 shall be designed so that no
backing or maneuvering within a public street
right of way is required,
FINDING: The applicant is proposing 3 parking spaces
(excluding the handicap accessible parking space) that are
subject to the dimensions specified in Table 3.4.1. The
proposed spaces are 9 feet wide and 20 feet long which
meet the 9 foot wide and 19 foot long requirement. This
approval criterion is met.
Off street parking for disabled persons shall be
designed to the standards of the state Building Code
and applicable federal standards.
FINDING: The applicant is proposing one disabled persons
vehicular parking space. A condition of approval is that this
space shall be designed to the standards of the state
Building Code and applicable federal standards. This
approval criterion will be met.
Directional Marking. EXCEPT for vehicle parking areas
for single family and duplex dwellings, off street parking
and maneuvering areas shall have directional markings
and signs to control vehicle movement.
FINDING: A condition of approval is that the applicant shall show
markings and signs on a revised site plan for review and approval
by the Community Development Director prior to building permit
issuance.
Space Marking. EXCEPT for vehicle parking areas for
single family and duplex dwellings, off street parking
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spaces shall be delineated by double parallel lines on
each side of a space. The total width of the lines shall
delineate a separation of 2 feet.
FINDING: A condition of approval is that the applicant shall revise
the parking on the site plan to show double parallel lines on each
side of a parking space. The total width of the lines shall delineate
a separation of 2 feet.
Outdoor Lighting. EXCEPT for vehicle parking areas for
single family and duplex dwellings, all outdoor lighting
shall be designed so as not to shine or reflect into any
adjacent residentially zoned or used property, and shall not
cast a glare onto moving vehicles on any public street.
FINDING: The applicant states that lights will be placed on the
subject site for security purposes. The applicant states that the
lighting will be directed inward toward the site. A condition of
approval is that the applicant shall submit a lighting plan for review
and approval by the Community Development Director prior to
issuance of the building permit to ensure that this standard is met.
Landscaping. EXCEPT for vehicle parking spaces for
single family and duplex dwellings, all parking areas
shall be landscaped to the standards of Section 3.106.
FINDING: The applicant is proposing to landscape the areas
adjacent to the proposed parking and loading areas. This approval
criterion is met.
Section 3.106 Landscaping Standards
3.106.01 Applicability
The provisions of this section shall apply:
To the site area for all new structures and related parking
EXCLUDING single-family and duplex dwellings and accessory
structures; and
Eo
To the entire site area of the development, where the
cumulative effect of additions to structures and/or parking
areas increases the total area covered by structure and
parking by 50 percent or more than existed at the date of the
WDO adoption.
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FINDING: The proposed water treatment facility is subject to the
landscaping requirements in this section of the WDO.
3.106.02 General Requirements
1) Landscaping and Irrigation Plans Required.
Building plans for all uses subject to landscaping requirements
shall be accompanied by landscaping and irrigation plans to City
standards.
FINDING: The applicant submitted a Planting Plan that shows the
proposed landscaping. This approval criterion is met.
2) Irrigation.
All required landscaped areas shall be permanently irrigated
unless a planting plan without irrigation is submitted by a licensed
landscape architect or a licensed nursery person demonstrating
that the proposed landscaping will thrive without irrigation.
FINDING: Irrigation will be required on the subject site. Irrigation
information will be required to be shown on the final landscaping plan.
3) Plant Materials.
All shrubs and ground cover shall be of a size upon installation so
as to attain 80% of ground coverage within 3 years.
FINDING: A condition of approval is that all shrubs and ground cover
shall be of a size upon installation so as to attain 80% of ground
coverage within 3 years.
4) Installation of Plant Materials and Irrigation.
Installation of plant materials and irrigation specified in an
approved landscaping plan shall occur at the time of development
and shall be a condition of final occupancy. Should site
conditions or seasonal conditions make immediate installation
impractical, an acceptable performance guarantee may be
approved subject to Section 4.102.07.
FINDING: A condition of approval specifies that the applicant shall
comply with the approved Planting Plan date stamped 12/16/02.
5) Maintenance.
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The property owner shall be responsible for maintaining all
landscaping in good condition so as to present a healthy and
orderly appearance. Unhealthy and dead plants shall be removed
and replaced in conformance with the original landscape plan.
FINDING: This requirement is a condition of approval.
3.106.03 Landscaping Standards
A. Streetscape.
Street Trees. Within the public street right of way
abutting a development, or within an alley right of way in
the DDC zone, street trees shall be planted to City
standards prior to final occupancy.
Acceptable Types of Trees. See Section 6.103 for
a description of acceptable and unacceptable
trees for this purpose, classified by size and
species.
bo
Tree Density. Trees shall be planted at the
following intervals within the right of way, subject
to Clear Vision Area standards, Section 3.103.10
and Section 6.103:
(1) Four (4) small trees per 100 feet of street
frontage;
(2) Three (3) medium trees per 100 feet of
street frontage; or
(3) Two (2) large trees per 100 feet of street
frontage.
FINDING: The applicant is proposing 3 large trees along Parr
Road (200 feet of street frontage abutting the proposed
development area of the site). An additional large tree is required.
A condition of approval is that applicant revise the landscaping plan
to show shrubs in front of the proposed chain link fence along with
street trees located on the north side of the fence. The required
number and spacing of street trees will be required to comply with
the standard listed above.
2. Front Yard and Yard Abutting a Street.
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ao
Landscaping Density for non-residential uses in the
RS and R1S zone and all uses in the RM, P, IL and IP
zones. All front yards and yards abutting a street
shall be landscaped at a density of one (1) plant unit
(PU) per 20 sq. ft.
FINDING: The applicant has shown landscaping 20 feet from the
property line along the entire frontage of the proposed developed
area of the subject site. This approval criterion is met.
B. Buffer Yards.
All buffer yards shall be landscaped at the rate of one (1) plant
unit (PU) per 20 sq. ft. EXCEPT for interior buffer yards
abutting a wall which are paved and which may be used for
parking or site access and vehicular circulation.
FINDING: The buffer yards for the project are located on the south,
west and east sides of the proposed development. The amount of
landscaping in the buffer yard necessary for this development is
determined as part of the design review process. Parking lots are
located to the south and east of the subject site. Over 200 feet of land
separates the proposed use from the park use to the west of the
subject site.
The applicant is proposing that the rear yard setback on the south side
of the property be landscaped with lawn, shrubs and trees. A row of
arborvitae is required to be planted along the south property line as a
condition of approval to further screen the proposed development on
the subject site from the park use to the south. The applicant is
proposing an access road on the east side of the site with lawn, shrubs
and trees to be planted west of the access road and east of the
proposed buildings and structures. A row of arborvitae is also required
to be planted along the east property line as a condition of approval to
further screen the proposed development on the subject site from the
adjacent school use to the east. A fenced-in field further separates
the subject site from the school parking area. The applicant has shown
lawn and a row of alder trees along the west side of the proposed
buildings and structures on the submitted planting plan. This
landscaping and the over 200 feet of separation between this use and
the park use to the west will provide an adequate buffer between the
two uses. This approval criterion is met.
C. Off Street Parking Areas.
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FINDING: The applicant is proposing landscaping around the parking
area and all of the loading areas. One tree is being provided adjacent
to the proposed 4 parking spaces which meets the minimum
requirement of 1 small tree per 5 parking spaces. This approval
criterion is met.
Section 3.106.05 Planting Standards
C. Curbs.
A six-inch concrete curb shall be provided between a
landscaped area and a parking area or access way.
FINDING: A condition of approval is that a six-inch concrete curb shall
be provided between a landscaped area and a parking area or access
way.
Section 3.107 Architectural Design Guidelines and Standards
3.107.06 Guidelines and Standards for Non-Residential
Structures in RS, R1S, RM, CO, CG and P/SP Zones
A. Applicability.
The following design guidelines shall be applicable to all non-
residential structures and buildings in the RS, R1S, RM, CO, CG
and P zones.
B. Architectural Design Guidelines.
1. Mass & Bulk Articulation Guidelines.
Building facades visible from streets and public parking
areas should be articulated in order to avoid the
appearance of box-like structures with unbroken wall
surfaces.
b. The appearance of exterior walls should be enhanced by
incorporating three dimensional design features,
including the following:
1)Public doorways and/or passage ways through
the building.
2)Wall offsets and/or projections.
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3)Variation in building materials and/or textures.
4)Arcades, awnings, canopies and/or porches.
Materials and Textures Guidelines.
Building exteriors should exhibit finishes and textures
that reduce the visual monotony of bulky structures
and large structural spaces; enhance visual interest
of wall surfaces and harmonize with the structural
design.
b. The appearance of exterior surfaces should be
enhanced by incorporating the following:
1. At least 30% of the wall surface abutting
a street should be glass.
All walls visible from a street or public
parking area should be surfaced with
wood, brick, stone, designer block, or
stucco or with siding that has the
appearance of wood lap siding.
The use of plain concrete, plain concrete
block, corrugated metal, plywood, T-111
and sheet composite siding as exterior
finish materials for walls visible from a
street or parking area should be avoided.
The color of at least 90 percent of the
wall, roof and awning surface visible
from a street or public parking area
should be an "earth tone" color
containing 10 parts or more of brown or a
"tinted" color containing 10 parts or more
white. Flourescent, "day-glo," or any
similar bright color should not be used
on the building exterior.
FINDING: The proposed 400 square foot well house has a box
like appearance and no windows. The proposed treatment
facility has an awning and split roof line that prevent it from
having a box-like appearance. The treatment facility has one
window on the north elevation facing the street which accounts
for 2% of the wall surface which does not meet the
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recommended 30% of window coverage on the wall surface
facing the street. Each of the proposed buildings will house
equipment to be used to run the water treatment facility.
Windows have been minimized so that sound generated from
the equipment can be minimized and security of the buildings
enhanced.
A condition of approval is that landscaping, including shrubs and
trees, be planted to north of the proposed well house to provide
a visual screen of the treatment facilities from Parr Road.
Landscaping and a row of arborvitae are required to be planted
on the south and east property lines to provide a visual screen
of the proposed water treatment facilities from the abutting park
and school uses. The applicant is also required to submit a
color elevation of all the proposed facilities for review and
approval by the Community Development Director. Staff will
require the color of paint on the treatment facilities to meld with
the surrounding uses.
Multi-planed Roof Guidelines.
The roof line at the top of a structure should
establish a distinctive top to the building.
The roof line should not be flat or hold the same
roof line over extended distances. Rather the roof
line should incorporate variations, such as:
1. Offsets and/or jogs in the plane of
the roof.
Changes in the height of the
exterior wall for flat roof buildings,
including parapet walls with
variations in elevation and/or
cornices.
FINDING: The proposed well house and treatment plant have
variations in the roof line. This approval criterion is met.
Roof Mounted Equipment Guidelines. All roof mounted
equipment, EXCEPT solar collectors, should be screened
from view from streets abutting the building site by:
a. Locating roof mounted equipment below the highest
vertical element of the building; or
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b. Screening roof top equipment using materials of the
same character as the structure's basic materials.
FINDING: Roof mounted equipment is located on the well house
and not on the treatment facility. A removable roof hatch will block
the view of the roof mounted equipment from Parr Road. This
approval criterion is met.
Weather Protection Guidelines. All building faces abutting a
street or a public parking area should provide weather
protection for pedestrians. Features to provide this
protection should include:
A continuous walkway at least 8 feet wide along the
face of the building utilizing a roof overhang, arcade,
awnings and/or canopies.
b. Awnings and canopies that incorporate the following
design features:
1. Angled or curved surfaces facing a street
or parking area.
2. A covering of canvas, treated canvas,
awning fabric, or matte finish vinyl.
A constant color and pattern scheme for
all buildings within the same
development.
4. No internal back lighting.
FINDING: The well house and treatment facility do not meet the
above recommended standards. Both facilities will house the water
treatment equipment. The only people visiting the site will be
maintenance check personnel. Thus, weather protection guidelines
are not needed.
Landscaping and Screening Guidelines. The landscaping
required by the standards of the WDO should be augmented
to address site specific visual impacts of abutting uses and
the visual character of the surrounding area.
FINDING: Landscaping will be required on the north side of the site
to screen the water treatment facilities from the street. A row of
arborvitae and additional landscaping will be required on the west
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and south property lines (adjacent to this development) to screen
the subject site from the park and school uses to the west and
south. Over 200 feet of land separates the developed area of this
site with the property to the west. A row of trees and additional
landscaping are proposed on the west side of the development to
screen the proposed development from the park use to the west.
This approval criterion is met.
Buffer Wall. A solid brick or architectural wall with anti-
graffiti surface, no less than 6 feet or greater than 7 feet
in height:
Should be constructed on the perimeter property line
of non-residential development to mitigate adverse
visual, noise and/or light impacts on the abutting use
when no comparable buffer exists, and
Shall be constructed where the standards of the
underlying zone require such a wall for a non-
residential use in, or abutting, a RS, R1S, or RM
zoning district.
FINDING: The P/SP zone does not require a buffer wall for the
proposed project.
Sidewalk Location and Street Trees. Sidewalks should be
located at the property line along streets with street trees,
Section 3.106.
FINDING: Sidewalk placement will match the existing sidewalk
pattern along Parr Road.
10. Solar Access Protection. Obstruction of existing solar
collectors on abutting properties by site development
should be mitigated.
FINDING:
properties.
Proposed buildings will not overhang on abutting
C. Site and Building Access Guidelines.
Access to and from the site and circulation within the
site should separate facilities for cars, trucks and transit
from those for bicycles and pedestrians.
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FINDING: Pedestrians would not be able to access the water
treatment facilities due to security fencing. Thus, the access on the
site does not need to separate pedestrian and vehicles.
Site access in compliance with Section 3.104 should be
augmented by the following considerations:
a. Vehicle Access.
Vehicle access points should be
identified by accentuated landscaped
areas, by entrance throats designed to
control access from abutting parking and
by monument type entrance signs.
New parking lots abutting major streets
should connect internally with the
parking lots of abutting commercial uses
or land zoned for commercial use.
FINDING: The vehicle access is proposed to be landscaped
where it connects with Parr Road. The proposed vehicle
access on the east side of the site connects with the property
located to the south and west of the subject site for shared
access. This approval criterion is met.
c. Pedestrian Access and Circulation.
The buildings should be linked to the
sidewalks on abutting streets by internal
pedestrian ways. Such pedestrian ways
should be either raised or delineated by
distinctive pavers.
FINDING: The treatment facilities will be enclosed by
security fencing so access to the site will be from staff
performing maintenance checks and not by pedestrians.
Pedestrian access is not necessary.
D. Building Location Guidelines.
Within the prescribed setbacks, building location and orientation
should compliment abutting uses and development patterns.
FINDING: Landscaping is being required on the north side of the site
to screen the water treatment facilities from the street. A row of
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arborvitae will be required on the west and south property lines
(adjacent to this development) to screen the subject site from the uses
to the west and south. Over 200 feet of land separates the developed
area of this site with the property to the west.
E. Parking Location Guidelines.
Off street parking between the architectural front of a building
and the setback line abutting street should be limited to a depth
of not more than 130 feet.
FINDING: The well house is the closest building proposed to Parr
Road. A loading area is shown as extending 5 feet in front of this
building which complies with this standard. A parking area shown to
the north of the treatment plant is more than 130 feet from Parr Road.
This parking area is, however, screened from Parr Road by proposed
trees and the well house to the north.
F. Design Standards.
Outdoor Storage Standards. Outdoor storage, when
permitted, shall be screened from the view of abutting
streets by a solid brick or architectural block wall not less
than 6, nor more than 9 feet in height.
FINDING: No outdoor storage is being proposed.
Outdoor Lighting Standards. All outdoor lighting shall
be designed so that:
1. Parking areas are evenly illuminated at ground level
at one foot candle;
2. Entrance and loading areas are illuminated at ground
level of two foot candles;
3. Illumination does not shine or reflect into any
adjacent residentially zoned or used property; and
4. Lighting does not cast a glare onto moving vehicles
on any public street.
FINDING: This is a condition of approval.
Section 5.103.02 Design Review for All Structures 1000 Sq. Ft.
OR MORE
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Application Requirements. An application shall include a
completed City application form, filing fee, deeds, notification
area map and labels, written narrative statement regarding
compliance with criteria, location map and the following
additional exhibits:
'1. Street and Utilities Plan, as applicable;
2. Site Design Plan;
3. Grading Plan;
Architectural drawings (plan view and elevations) and
materials sample board; and
o
Traffic Impact Analysis, as may be required in
compliance with Section 3.104.01.B.2.
FINDING: The applicant submitted all of the applicable items listed
above. This approval criterion is met.
C. Criteria. The criteria are pursuant to the standards and
guidelines of Section 3.1. and other applicable sections of the
WDO.
FINDING: The compliance of the applicant's proposal with the
applicable standards and guidelines of the WDO is discussed
throughout this report. This approval criterion is met.
2) WOODBURN TRANSPORTATION SYSTEM PLAN (TSP)
FINDING: Parr Road is classified as a Service Collector in the Woodburn
Transportation System Plan (TSP) which has a required cross section that
includes a 74 foot of right of way, 48 foot improved surface, 4.5 foot
planter strips and 6 foot sidewalks on both sides. Adjacent to the
proposed water treatment plant the existing right of way is 60 feet in width
and the street width is approximately 22 feet with no curbs and no
improved drainage. A ten-foot sidewalk/bike lane has been installed on
the south side of the subject property, extending to the west boundary of
Centennial Park, located adjacent to the proposed water treatment plant
development.
The recently improved portion of Parr Road to the east of the water
treatment plant development has been modified in regard to the
dimensions of the TSP cross section. The improvement does provide the
required elements of a turn lane, travel lanes, bike lane and sidewalks.
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The major difference is that the bike lane has been removed from the
street surface and placed to the south of the sidewalk to protect bicyclists
from cars on the road surface. Parr Road to the east of the water
treatment plant development provides a 39 foot improved surface
providing two travel lanes and one turn lane. There is a 3-foot planter
strip and a five foot sidewalk provided.
The applicant is requesting an exception to allow for the required right of
way to be decreased from 74 feet to 60 feet and allow for the street cross
section to be modified so that it is consistent with the street improvement
to the east. The exception is discussed later in this report.
Variance 03-03:
The applicant is proposing a barbed wire fence to be located around the water
treatment facility. Barbed wire is not allowed as a fencing material in the P/SP
zone per Section 2.202.03.D of the WDO. The applicant has requested a
variance to allow for the proposed fence to be constructed with barbed wire.
1) WOODBURN DEVELOPMENT ORDINANCE
Section 5.103.11 Variance
B. Application Requirements. An application shall include a
completed City application form, filing fee, deeds, notification area
map and labels, written narrative statement regarding compliance
with criteria, location map and the following additional exhibits:
1. Street and Utility Plan as applicable; and
2. Site Plan
FINDING: The applicant submitted the required application materials.
This criterion is met.
Criteria. A determination of whether the criteria set forth are
satisfied necessarily involves the balancing of competing and
conflicting interest. The factors that are listed to be
considered are not criteria and are not intended to be an
exclusive list. The factors to be considered are used as a
guide in deliberations on the application.
FINDING: This variance should not be approved because it did not meet
the following considerations discussed below.
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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,
topography.
b=
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.
FINDING: The property owner, for the water treatment and storage
facility on Parr Road, is requesting a variance to allow for the
installation of a six (6) foot chain link fence with barbed wire on the
top around the treatment and storage facility to enhance the
security of the facility in the interest of public safety.
The proposed water treatment facility needs to be secured to
prevent unauthorized entry and possible contamination of the City's
water supply. The City Council is not convinced that an alternate
design, which is more compatible with the surrounding uses, could
not be developed. A condition of approval is that proposed fencing
shall be approved by the Planning Commission in a subsequent
Planning Commission meeting since more time is required to
develop ideas about alternative types of security fencing that are
more aesthetically pleasing.
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.
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Page 46
Incremental impacts occurring as a result of the
proposed variance.
FINDING: The proposed barbed wire would not be aesthetically
pleasing or meld with the character of the area. The City Council is
not convinced that an alternate design, which is more compatible
with the surrounding residential uses, could not be developed. A
condition of approval is that proposed fencing shall be approved by
the Planning Commission in a subsequent Planning Commission
meeting since more time is required to develop ideas about
alternative types of security fencing that are more aesthetically
pleasing.
m
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.
FINDING: The proposed fencing will not impede traffic on the
subject property because it is located to the west of the proposed
access road on the east side of the subject property. Drainage and
land forms will not be affected by the proposed fencing material.
The variance is the minimum deviation necessary to
make reasonable economic use of the property;
FINDING: Fencing on the site is critical to the security of these
facilities. The City Council is not convinced that an alternate
design, which is more compatible with the surrounding residential
uses, could not be developed. A condition of approval is that
proposed fencing shall be approved by the Planning Commission in
a subsequent Planning Commission meeting since more time is
required to develop ideas about alternative types of security fencing
that are more aesthetically pleasing.
The variance does not conflict with the Woodburn
Comprehensive Plan.
FINDING: The Woodburn Development Ordinance implements the
goals and policies in the Woodburn Comprehensive Plan. The
applicant has not proven that an alternative fencing which would be
more compatible with the surrounding uses could not be utilized to
protect the water treatment facilities.
Variance 03-04:
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Section 2.111.05.B of the Woodburn Development Ordinance (WDO) states that
the maximum height of a building in the P/SP zone is 35 feet. The property
owner is requesting a variance to allow for a proposed 52 foot high water
storage reservoir, located on the south side of the site, to exceed this standard.
1) WOODBURN DEVELOPMENT ORDINANCE
Section 5.103.11 Variance
B. Application Requirements. An application shall include a
completed City application form, filing fee, deeds, notification area
map and labels, written narrative statement regarding compliance
with criteria, location map and the following additional exhibits:
1. Street and Utility Plan as applicable; and
2. Site Plan
FINDING: The applicant submitted the required application materials.
This criterion is met.
Criteria. A determination of whether the criteria set forth are
satisfied necessarily involves the balancing of competing and
conflicting interest. The factors that are listed to be
considered are not criteria and are not intended to be an
exclusive list. The factors to be considered are used as a
guide in deliberations on the application.
This variance should be approved because it met the following
considerations discussed below.
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:
ao
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,
topography.
Whether reasonable use similar to other
properties can be made of the property without
the variance.
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Whether the hardship was created by the person
requesting the variance.
FINDING: The water treatment and storage facility on Parr Road
will contain a 2,700,000 gallon water storage reservoir. This
reservoir will be 107 feet in diameter and approximately 49.5 feet
high at the crown. The reservoir will be constructed on a slightly
elevated base making the crown approximately 52 feet above the
predominate surface elevation surrounding the reservoir location.
There are structural considerations related to roof span and support
that restrict the diameter of steel tanks. The tank could be built
with a larger diameter and reduced height but elaborate and
expensive roof support structures would have to be used. The
large storage volume of the tank requires circulation systems to be
installed to insure that water mixes propedy and does not stagnate
in certain areas of the tank so that fresh water is delivered to city
residents. Larger diameter tanks than the one proposed require
elaborate circulation systems that often do not consistently provide
the desired mixing to maintain a fresh water supply.
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.
FINDING: The water storage reservoir is located on the south side
of the subject site, adjacent to Centennial Park, approximately 365
feet from the centerline of Parr Road. The water storage reservoir
was located as far as possible from Parr Road to minimize its visual
impact from the road and the property to the north of the subject
site which is designated on the Woodburn Comprehensive Plan as
residential greater than 12 units per acre. It also had to be located
on the rear of the site to allow for other water treatment facilities
(and access to them) to be located closer to Parr Road.
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Centennial Park, which is also owned by the city, is located to the
south of the proposed water storage reservoir. A parking lot for the
park is located directly adjacent to the subject site. The height of
the water storage reservoir will not negatively impact the parking lot
use to the south.
A school is located to the east of the subject site. A vacant field
(directly adjacent to the east property line of the subject site), a
school access road and parking area are located adjacent to the
east properly line. The height of the water storage reservoir will
not negatively impact the school because the vacant field, school
parking area and access road provide a physical separation of the
school buildings from the east property line of the subject site. In
addition, the two stow school building has a scale similar to the
storage reservoir. The applicant is also required to provide staff
with a color plan for the storage reservoir as a condition of approval
so that a color can be approved that helps meld this structure with
the surrounding properties.
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.
FINDING: There are no physical or natural systems that are
affected.
4. The variance is the minimum deviation necessary to
make reasonable economic use of the property;
FINDING: There are structural considerations related to roof span
and support that restrict the diameter of steel tanks. The tank
could be built with a larger diameter and reduced height but
elaborate and expensive roof support structures would have to be
used. The large storage volume of the tank requires circulation
systems to be installed to insure that water mixes properly and
does not stagnate in certain areas of the tank and that fresh water
is delivered to city residents. Larger diameter tanks than the one
proposed require elaborate circulation systems that often do not
consistently provide the desired mixing to maintain a fresh water
supply. This minimum deviation to the height requirement is
necessary because larger tanks are much more expensive and not
as effective.
o
The variance does not conflict with the Woodburn
Comprehensive Plan.
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FINDING: The Woodburn Development Ordinance implements the
goals and policies in the Woodburn Comprehensive Plan. The
proposed water storage reservoir is a required element in the
proposed water treatment facility on the subject site. The applicant
has proven that the proposed water storage reservoir is required to
exceed the maximum height allowed in the P/SP zone to minimize
the cost and provide the best water quality possible to the citizens
of Woodburn.
Variance 03-05:
Table 2.1.20 of the Woodburn Development Ordinance (WDO) states that a main
building more than 28 feet in height must have an interior setback of 36 feet. The
applicant is proposing a 12 foot interior setback form the south property line for a
52 foot high water storage reservoir.
1) WOODBURN DEVELOPMENT ORDINANCE
Section 5.103.11 Variance
B. Application Requirements. An application shall include a
completed City application form, filing fee, deeds, notification area
map and labels, written narrative statement regarding compliance
with criteria, location map and the following additional exhibits:
1. Street and Utility Plan as applicable; and
2. Site Plan
FINDING: The applicant submitted the required application materials.
This criterion is met.
Criteria. A determination of whether the criteria set forth are
satisfied necessarily involves the balancing of competing and
conflicting interest. The factors that are listed to be
considered are not criteria and are not intended to be an
exclusive list. The factors to be considered are used as a
guide in deliberations on the application.
FINDING: This variance should be approved because it met the following
considerations discussed below.
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
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the WDO. Factors to consider in determining whether
hardship exists, include:
ao
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,
topography.
bo
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.
FINDING: The proposed water storage reservoir is a required
element in the proposed water treatment facility on the subject site.
The water storage reservoir is located on the south side of the
subject site, adjacent to Centennial Park, approximately 365 feet
from the centerline of Parr Road. Due to the imposing height and
width of the water storage reservoir, it was located as far as
possible from Parr Road to minimize its visual impact from the road
and the property to the north of the subject site which is designated
on the Woodburn Comprehensive Plan as residential greater than
12 units per acre. It also had to be located 12 feet from the rear
property line of the subject site to allow for other water treatment
facilities (and access to them) to be located closer to Parr Road.
A parking lot for Centennial Park is located directly adjacent to the
south property line of the subject site. The closer distance of the
reservoir, as is allowed in the WDO, to the south property line will
not negatively impact the parking lot use to the south. A row of
arborvitae will be placed along the south property line to help
screen the reservoir from the parking lot.
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:
ao
Physical impacts such development will have
because of the variance, such as visual, noise,
traffic and drainage, erosion and landslide
hazards.
828 Parr Road
Page 52
164
bo
Incremental impacts occurring as a result of the
proposed variance.
FINDING: The water storage reservoir is located on the south side
of the subject site, adjacent to Centennial Park, approximately 365
feet from the centerline of Parr Road. The water storage reservoir
was located as far as possible from Parr Road to minimize its visual
impact from the road and the property to the north of the subject
site which is designated on the Woodburn Comprehensive Plan as
residential greater than 12 units per acre. It also had to be located
12 feet from the rear property line of the subject site to allow for
other water treatment facilities (and access to them) to be located
closer to Parr Road.
A parking lot for Centennial Park is located directly adjacent to the
south property line of the subject site. The height of the water
storage reservoir will not negatively impact the parking lot use to
the south. A row of arborvitae will be placed along the south
property line to screen the reservoir from the parking lot.
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.
FINDING: There are no physical or natural systems that are
affected.
The variance is the minimum deviation necessary to
make reasonable economic use of the property;
FINDING: The water storage reservoir had to be located closer to
the rear property line, than the code allows, so that the other
required treatment facilities and access to them could be located
closer to Parr Road. The applicant also maximized the distance of
the reservoir from Parr Road so that it would not negatively impact
the view of pedestrians on Parr Road and the future residences on
the property to the north (across Parr Road) which is designated on
the Woodbum Comprehensive Plan as residential greater than 12
units per acre. The proposed water storage reservoir is a required
element in the proposed water treatment facility on the subject site.
The variance does not conflict with the Woodburn
Comprehensive Plan.
828 Parr Road
Page 53
165
EXCEPTION
FINDING: The Woodburn Development Ordinance implements the
goals and policies in the Woodburn Comprehensive Plan. The
applicant has proven that the proposed water storage reservoir can
be located closer to the rear property line and not negatively impact
the adjacent parking lot use.
TO STREET RIGHT OF WAY AND IMPROVEMENT
REQUIREMENTS 03-03
1) WOODBURN DEVELOPMENT ORDINANCE
Section 5.103.12 Exception to Street Right of Way and Improvements
Requirement
FINDING: Parr Road is classified as a Service Collector in the Woodburn
Transportation System Plan (TSP) which has a required cross section that
includes a 74 foot of right of way, 48 foot improved surface, 4.5 foot
planter strips and 6 foot sidewalks on both sides. The existing right of
way, adjacent to the proposed water treatment plant, is 60 feet in width.
The street width is approximately 22 feet with no curbs and no improved
drainage. The applicant will provide the required curb and drainage as
part of the street improvement. A ten-foot sidewalk/bike lane has been
installed on the south side of the subject property, extending to the west
boundary of Centennial Park, located adjacent to the proposed water
treatment plant development.
The recently improved portion of Parr Road to the east of the water
treatment plant development has been modified in regard to the
dimensions of the TSP cross section. The improvement does provide the
required elements of a turn lane, travel lanes, bike lane and sidewalks.
The major difference is that the bike lane has been removed from the
street surface and placed to the south of the sidewalk to protect bicyclists
from cars on the road surface. Parr Road to the east of the water
treatment plant development provides a 39 foot improved surface
providing two travel lanes and one turn lane. A 3-foot planter strip and a
five foot sidewalk are provided which is consistent with the Parr Road
Street improvement for the properties to the east of Settlemier Road.
The applicant is requesting an exception to allow for the required right of
way to be decreased from 74 feet to 60 feet and allow for the street cross
section to be modified so that it is consistent with the street improvement
to the east.
Purpose. The purpose of an exception is to allow a deviation
from a WDO development standard cited in Section 3.101.02.
828 Parr Road
Page 54
166
FINDING: Section 3.101.02D2.b of the WDO specifies that the
minimum deviation allowed to the required street improvement on a
boundary street through an exception is listed as follows:
1)
One 12 foot wide travel lane in each direction, including
curbs in each direction where the classification specifies a
maximum standard of two lanes;
2) Required drainage facilities; and
3)
In addition to the improvements cited in 1) above, the full
improvement of the street from the center line to the
boundary of the subject property plus any center turn lane as
described for the street classification.
The applicant is proposing the reduction of the required right of way
on a service collector from 74 feet to 60 feet. The applicant is also
proposing the rearrangement of the required elements in the cross
section for a service collector to allow for the bike lane to be
removed from the street surface and placed to the south of the
sidewalk as has been required for the properties to the east of the
subject site.
Application Requirements. An application shall include a
completed City application form, filing fee, deeds, notification
area map and labels, written narrative statement regarding
compliance with criteria, location map and the following
additional exhibits:
1. Street and Utility Plan as applicable;
2. Site Plan; and
A "rough proportionality" report prepared by a qualified civil
or traffic engineer addressing the approval criteria.
FINDING: The applicant submitted the required application materials.
C. Criteria.
FINDING: The applicant has proven that the proposed exception on Parr
Road is justified based on the responses to the exception criteria
discussed below.
1. The estimated extent, on a qualitative basis, to which the right of
way and improvements will be used by persons served by the
828 Parr Road
Page 55
167
building or development, whether the use is for safety or
convenience;
FINDING: The construction of the municipal water treatment facility will
result in no full time use of the facility by employees. The water treatment
facility will operate unattended and will be controlled by a computer
monitored control system that will be monitored at a central facility. There
will be a small number of daily trips as a result of maintenance and
monitoring of the water treatment facility. The maximum number of daily
trips to the facility is anticipated to be eight, the average daily trips will be
four and the maximum number during the PM peak hour is anticipated to
be two.
2. The estimated level, on a qualitative basis, of rights of way and
improvements needed to meet the estimated extent of use by
persons served by the building or development;
FINDING: The right of way, although it does not meet the standards of the
city's Transportation System Plan (TSP) for new service collector
roadways, is sufficient to meet the use generated by the additional
demand placed by the water treatment facility. A street that is consistent
with the recently completed Parr Road to the east will be constructed as
part of the water treatment plant development. The improvement does
provide the required TSP elements of a turn lane, travel lanes, bike lanes
and sidewalks in a cross section that is slightly modified from the TSP
profile.
The estimated impact, on a quantitative basis, of the building or
development on the public infrastructure system of which the
rights of way and improvements will be a part; and
FINDING: The right of way, although not available in the width consistent
with the standards of the city's TSP for new arterial roadways, is sufficient
to meet the use generated by the additional demand placed by the
treatment facility. It is also sufficient to construct a new street that is
consistent with the recently completed section of Parr Road to the east
which does provide all required TSP elements.
The estimated level, on a qualitative basis, of rights of way and
improvements needed to mitigate the estimated impact on the
public infrastructure system.
FINDING: A street that modifies slightly the TSP Service Collector
requirements will be constructed as part of the water treatment plant
development. The street will be consistent with the existing cross section
of Parr Road constructed to the east of the proposed improvement. No
828 Parr Road
Page 56
168
additional right of way is needed to construct and utilize the street
improvement.
VI CONCLUSION:
Based on the findings of fact contained herein, all relevant approval criteria
relating to approval of Annexation 01-04, Zone Change 01-03, Conditional Use
02-08, Design Review 02-19, Variance 03-04, Variance 03-05, and Exception to
Street Right of Way and Improvements Requirement 03-03 have been satisfied.
Based on the findings of fact contained herein, all relevant approval criteria
relating to approval of Variance 03-03 have not been satisfied.
828 Parr Road
Page 57
169
Exhibit "O"
CONDITIONS OFAPPROVAL
COMMUNITY DEVELOPMENT DEPARTMENT
Conditional Use 02-08 & Desiqn Review 02-19
The proposed development shall be in substantial conformance with this
approval and the attached preliminary plans provided in Exhibit "A" (Site Plan
date stamped 2/10/03, Elevations date stamped 12/16/02 and 2/3/03, and
Planting Plan date stamped 12/16/02), except as herein modified by these
conditions of approval.
The applicant shall submit a site plan showing the following revisions for
review and approval by the Community Development Director prior to the
issuance of the building permit:
eo
Show directional markings and signs.
Show double parallel lines on each side of a parking space. The
total width of the lines shall delineate a separation of 2 feet.
A six-inch concrete curb shall be shown between a landscaped
area and a parking area or access way.
Show bumper guards for the 4 proposed parking spaces to the
north of the treatment building.
Show all proposed fences, height of fences, and proposed barbed
wire.
3. The single family dwelling and accessory structure shall be removed prior to
the building occupancy of the facility.
4. The three existing driveways on the subject site shall be removed prior to
issuance of final occupancy.
5. The applicant shall submit an access permit to be reviewed and approved by
the Public Works Department prior to the issuance of a building permit.
6. The applicant shall submit a color elevation of all the proposed facilities for
review and approval by the Community Development Director.
All vehicle parking and loading areas shall be graded and provide storm
drainage facilities approved by the Public Works Director prior to issuance of
building permit final occupancy.
828 Parr Road
Page 58
170
8. Off-street parking for disabled persons shall be designed to the standards of
the state Building Code and applicable federal standards.
A final landscape, irrigation, and lighting plan shall be submitted to the
Community Development Department for approval prior to issuance of
building permits. The landscape plan shall show a row of arborvitae along
the east and south property lines of the subject site. An additional large tree
shall be shown adjacent to the street frontage. Shrubs and trees shall be
shown on the north side of the proposed fence along the street frontage to
screen the facility from Parr Road. All outdoor lighting shall be shown on the
lighting plan showing that the lighting has been designed so that parking
areas are evenly illuminated at ground level at one foot candle, and entrance
and loading areas are illuminated at ground level of two foot candles,
Illumination does not shine or reflect into any adjacent residentially zoned or
used property; and lighting does not cast a glare onto moving vehicles on
any public street. All shrubs and ground cover shall be of a size upon
installation so as to attain 80% of ground coverage within 3 years.
10.
The property owner shall be responsible for maintaining all landscaping in
good condition so as to present a healthy and orderly appearance.
Unhealthy and dead plants shall be removed and replaced in conformance
with the original landscape plan.
11.
The property owner/applicant shall submit to the Community Development
Department a signed "Acceptance of Conditions" agreeing to all conditions of
approval prior to the issuance of building permits for the project.
12.
No buildings, structures, storage of materials, or parking shall be permitted
within the required landscape and buffer areas. All landscape and buffer
areas shall be maintained and kept free of all debris, weeds and tall grass.
13. Proposed fencing shall be subject to approval of the Planning Commission
prior to installation.
Variance 03-04
14.
Variance approval allows the proposed 52 foot high water storage
reservoir, located on the south side of the site, to exceed the 35 foot
maximum building height in the P/SP zone.
Variance 03-05
15.
Variance approval allows for the reduction of the required interior yard
setback adjacent4o the south property line from 36 feet to 12 feet for the
water storage reservoir.
828 Parr Road
Page 59
171
Exception to Street Riqht of Way and Improvements Requirement 03-03
16.
Exception approval allows for the reduction of the required right of way on
Parr Road from 74 to 60 feet. Also allows for the modification of the street
cross section for the bike lane to be located to the south of the sidewalk
and planting strip as has been done on the property to the east.
PUBLIC WORKS DEPARTMENT
GENERAL CONDITIONS:
17.
Final plans shall conform to the construction plan review procedures and
standards.
18.
The applicant, not the city is responsible for obtaining permits from any
state and/or federal agencies, which may require approval and/or permit.
19.
All work within the public rights-of-way shall require plan approval and
permit issuance from the Public Works Department
20.
System Development fees shall be paid at the time of building permit
issuance.
STREET AND DRAINAGE:
21.
The applicant shall provide the proper right of way dedications and the
street shall be improved in accordance to the cross sectional requirements
of the TSP unless an exception or a variance is approved in accordance
with the Woodburn Development Ordinance (WDO) for a boundary street.
22.
Access shall comply with the requirements of WDO. Dysfunctional
driveways shall be removed and new access shall comply with
dimensional and spacing requirements and be improved in accordance
with City Of Woodburn standards and specifications.
23.
On site detention shall be provided in accordance with the Strom Water
Management Plan. Hydraulic analysis shall be provided to the Public
Works Department for review and approval.
24.
With the improvement of the boundary street, a public storm water
conveyance system shall be required in conformance with the Strom
Water Management Plan.
SANITARY SEWER:
828 Parr Road
Page 60
172
25.
26.
WATER:
27.
28.
Sanitary sewer service is to be provided by using an on-site pump system
to the existing gravity system located on the park property. The existing
gravity system does not have sufficient depth to serve the proposed
building. This will be a private system and shall be installed and permitted
by the regulatory agency having permit authority.
The existing dwelling unit on the property is currently on a subsurface
waste disposal system. This system shall be abandoned in accordance
with state requirements.
Domestic, lawn irrigation and/or fire sprinkler system shall require the
installation of a proper type of backflow preventer. Contact Larry Arendt,
City of Woodburn Cross Connection Inspector, for type and installation
requirements at 503-982-5283.
Fire hydrant locations and fire protection requirements shall comply with
the Woodburn Fire Districts requirements.
828 Parr Road
Page 61
173
WooDBu
IOE
May 12, 2003
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council
John C. Brown, City Administrator,, "~~'¢E?
Resolution Recommending Valley Rolling Corporation as an Oregon
Business Development Fund Project
RECOMMENDATION:
It is recommended the City Council adopt the attached resolution
recommending Valley Rolling Corporation as an Oregon Business Development
Fund project.
BACKGROUND:
The Oregon Business Development Fund (OBDF) program is a state-sponsored
program dictated by applicable sections of ORS 284B. The OBDF program is
administered by the Oregon Economic and Community Development
Department (OECDD), and provides financing for eligible businesses. Among
the application requirements is a resolution adopted by the governing body of
the jurisdiction where the business is located, which recommends the project for
OBDF financing.
DISCUSSION:
The attached request was received from Valley Rolling Corporation, a start-up
manufacturer and supplier of sheet metal roofing and siding commencing
operations in Woodburn. Valley Rolling applied for OBDF financing. Valley
Rolling provided staff with a model resolution, developed by the State, which
contains the assurances required ot the City in recommending a project for
OBDF financing. The resolution assures the proposed project complies with the
City's comprehensive plan, is consistent with any approved economic
development plans, forwards the City's economic development goals, and will
benefit the City.
Agenda Item Review: City Administrate' City Attorney
Finance
174
Mayor and City Council
May 12, 2003
Page 2
Staff reviewed OBDF requirements with OECDD representatives and determined
that in adopting the resolution, the City assumes no obligations to the project or
its financing. Without a resolution, however, an applicant can't access program
financing.
The project is located in a light industrial zone, with an underlying "industrial"
Comprehensive Plan designation. Manufacturing and wholesaling sheet metal
roofing and siding is an outright use in the zone. Accordingly, the proposed
project complies with the Comprehensive Plan. Specialty manufacturing was
identified in the City's 2001 economic development strategy as a target
industry, so the proposed project is consistent with adopted economic
development plans. The business will create employment and broaden the
City's economic base, so it's reasonable to find that it supports economic
development and benefits the City as a whole. Accordingly, and to assist the
business in obtaining project financing, your approval of the attached resolution
is respectfully recommended.
It should be noted there might be site development issues related to the project
that require planning approvals. Your adoption of the attached resolution
neither eliminates the need for such approvals, nor indicates your support of any
application for planning approvals Valley Rolling has submitted or will submit in
the future.
A representative of Valley Rolling Corporation has been invited to attend your
May 12, 2003 meeting, and will be available to answer any project-related
questions you have.
FINANCIAL IMPACT:
There is no cost to the City resulting from the recommended action. As
previously noted, your approval of the attached resolution does not obligate
the City to any financial or non-financial commitment to the project.
175
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION RECOMMENDING VALLEY ROLLING CORPORATION AS AN OREGON
BUSINESS DEVELOPMENT FUND PROJECT
WHEREAS, the Woodburn City Council finds that the development of a sheet
metal roofing and sidin9 manufacturin9 and wholesale supply business by Valley Rolling
Corporotion would support economic development in Woodburn; and
WHEREAS, ORS 285B.059 requires, before the approval of an Oregon Business
Development Fund project by the State of Oregon, that the governing bady of the
appropriate local government recommend the project; and
WHEREAS, the City Council finds that the project is permitted under the City's
acknowledged comprehensive plan and is consistent with applicable local economic
development plans; and
WHEREAS, the City Council finds that establishing a sheet metal roofing and
siding manufacturing and wholesale supply business wifhin the City of Woodburn will
benefit Woodburn. NOW THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
That the City of Woodburn requests the Oregon Economic and Community
Development Commission to assist in the financing of the project within the City of
Woodburn through the Oregon Business Development Fund.
Approved as to form:
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
A'F[EST:
Mary Tennant City Recorder
City of Woodburn, Oregon
Page 1 - COUNCIL BILL NO.
RESOLUTION NO.
176
ATTACHMENT
Page.,. I of
April 18, 2002
Attn: John Brown
City Council
City of Woodburn
270 Montgomery St.
Woodburn, OR 97071
Re: Resolution Request
Dear John Brown:
Valley Rolling Corporation is a manufacturer and wholesale
supplier of quality steel roofing and siding material. We are
a new start-up enterprise located at 310 Broadway Street in
Woodburn. We received our business license from the City of ~
Woodburn April 1, 2003.
We are in the final stages of closing on an Oregon Business
Development Fund Loan. One of the items being requested for
closing is a resolution supporting this project. The Oregon
Economic and Community Development Department has provided a
sample form to be used. This loan is a critical amount of our
working capital.
We look forward to being an active partner in Woodburn's
economy and appreciate your prompt attention to this matter.
When complete the city resolution can be sent to: Dave Dahlin
Business Finance Officer
Oregon Economic & Community Development Dept.
775 Summer St. NE Suite 200
Salem, OR 97301-1280
or call me at 503-981-4100 and I will pick up and deliver to him.
Again, thank you for your prompt attention to this request.
Sincerely,
Laura L. Hagenauer
Valley Rolling Corporation
177
W.OODBURN
1OF
May 12, 2003
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council
John C. Brown, City Administrator~'~4~_,
Water and Sanitary Sewer Service for Food Services of America
RECOMMENDATION:
Adopt the attached resolution, authorizing the continued provision of water and
sanitary sewer services to Food Services of America, Inc., pending an
annexation.
BACKGROUND:
On October 28, 2002, the City Council adopted a resolution authorizing the
provision of water and sanitary sewer services to Food Services of America (FSA)
pending an annexation of their property into the City. The resolution states the
Council's intent regarding the provision of services outside city limits, and
authorizes and limits to six months the provision of water and sanitary sewer
service to the property pending annexation. It was estimated the annexation
process, through approval, would require four to five months. Additional
background information is contained in the staff report provided to Council in
October 2002 included as Attachment A to this report.
DISCUSSION:
FSA commenced operations at the Woodburn facility last December. It focused
its attention on operations for several months, and did not submit a completed
application for annexation in time to complete annexation within the six months
granted by City Council. A completed application has been received, and is
scheduled for Planning Commission consideration in May and June 2003 and
City Council consideration in June and July 2003.
The six-month period allowed by resolution expired on April 28, 2003. As the
Council's second meeting in April was cancelled, the May 12, 2003 meeting is
the next opportunity to address an extension of service, pending annexation. To
Agenda Item Review:
City Administrator~-~:~'
City Attorney/V/Lb
Finance
178
Mayor and City Council
May 12, 2003
Page 2
authorize the continued provision of services to the FSA while the annexation
request is being processed, it is recommended your Council adopt the
attached resolution. The resolution extends service, pending annexation for an
additional three months. Based on the current annexation schedule, a three-
month extension should allow ample time to complete the annexation.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
179
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE PROVISION OF FIRE PROTECTION
WATER AND SANITARY SEWER SERVICES TO FOOD SERVICES OF AMERICA,
INC. PENDING ANNEXATION.
WHEREAS, It is the policy of the Woodburn City Council that all properties
receiving City water and sanitary sewer services shall be annexed to the City; and
WHEREAS, Food Services of America, Inc. purchased property outside City
limits but inside the urban growth boundary; and
WHEREAS, Food Services of America, Inc. requested that the City provide Fire
protection water and sanitary sewer services to its property; and
WHEREAS, Food Services of America, Inc. agreed to seek annexation of its
property to the City; and
WHEREAS, the City Council of the City of Woodburn determined it is in the
best interests of the City and the local economy to provide fire protection water and
sanitary sewer services to Food Services of America, Inc. while an annexation request is
being processed; and
WHEREAS, on October 28, 2002, the City Council adopted Resolution No. 1703
authorizing the provision of fire protection water and sanitary sewer services to Food
Services of America, Inc. pending annexation; and
WHEREAS, the City Council determined it was also in the best interest of the
City to limit the period of time that fire protection and sanitary sewer service will be
provided, pending annexation, to six months; and
WHEREAS, Food Services of America, Inc. was not able to complete annexation
within the six-month period granted by the Council on October 28, 2002, but will be
able to complete annexation within an additional three months, NOW THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The City may continue to provide fire protection water and sanitary
sewer services to Food Services of America, Inc. pending annexation.
Page l-
Council Bill No.
Resolution No.
180
Section 2. Unless annexation is competed, the City shall cease to provide such
services no later than three (3) months following the date this resolution is
executed.
Approved as to form:
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.
Resolution No.
181
October 28, 2002
ATTAOI4MENT ~
I~e I of ~
TO: Honorable Mayor and City Council
FROM: John C. Brown, City Administrator
SUBJECT: Water and Sanitary Sewer Service for Food Services of America
Recommendation:
Adopt the attached resolution, authorizing the provision of water and sanitary
sewer services to Food Services of America, Inc., pending an annexation.
Background:
The AgriFrozen property in the southeasterly quadrant of the City's urban
growth Boundary, and immediately outside city limits, was subdivided last year
and a portion was sold to Food Services of America, Inc. (FSA). The property is
not in City limits, but the City supplied fire protection water, domestic water,
and sanitary sewer service to a succession of businesses at the location until the
property was vacated in 2001. There are no valid agreements to provide services
to the property.
Discussion:
It is Council policy that city services shall not be provided to properties outside
City limits, and that if such a property is to receive services, it must annex. A
smattering of properties in the urban growth boundary currently enjoy those
services without having annexed, but they have historically received the services
in an unbroken chain of use. Under current policy, as is being applied to FSA
and the remainder of the former AgriFrozen plant, such properties will be
required to annex if the chain of use is broken.
Last year, FSA was informed of this policy. In January 2002, FSA requested the
City to provide services to its facility and voluntarily agreed to annex to acquire
the services permanently (Attachment 1). Although FSA agreed to contractually
obligate itself to this arrangement through a development agreement, no
agreement has been presented to the City.
FSA recently received a temporary occupancy permit, and indicates the intention
to commence operations by December 1, 2002. FSA has assured City staff that it
will seek the requisite annexation, and was provided application materials and
guidance for seeking an annexation last week.
182
Honorable Mayor and City Council
October 28, 2002
Page 2.
ATrAOI~ENT ~
Page ~ of
To authorize the provision of services to the property and allow FSA to
commence operations during the period an annexation request is being
processed, it is recommended your Council adopt the attached resolution. The
resolution states the Council's intent regarding the provision of services outside
city lirnits, authorizes water and sanitary sewer service to the property pending
an annexation, and limits the provision of services pending annexation to a
period of six months. It is estimated the annexation will require approximately
four to five months to process, through approval.
JCB
183
W_o o_0 U_RN
10G
May 7, 2003
TO:
FROM:
Mayor and City Council through City Administrator
Scott D. Russell, Chief of Police'D~"
SUBJECT: Intergovernmental Aqreement to Participate in OASIS
RECOMMENDATION:
It is recommended the City Council adopt the attached resolution authorizing the Chief
of Police to sign an agreement with Marion County to provide access to The Oregon
Agencies Simplified Information System (OASIS}.
BACKGROUND:
Changes in police records management systems by agencies within the Regional
Automated Information Network (RAIN) have led to the need for the creation of a
system that allows information to be shared between RAIN agencies. The Marion
County Sheriffs Office has offered the OASIS system to be an interim way for agencies
to share data until RAIN can develop an index system.
DISCUSSION:
The Woodburn Police Department Records Management System allows for the capture
and analysis of data on police calls received within the City of Woodburn as well as
sharing data with the cities of Hubbard, Silverton, and Mt. Angel. Police calls and
incidents generated in other cities and unincorporated areas of Marion County are not
readily available at this time. Some of the data can be searched through the State of
Oregon's Law Enforcement Data System (LEDS), but not all information is available. The
RAIN consortium's new goal is to provide data sharing capabilities between the various
RMS systems in use by its members. The Marion County Sheriff's Office has purchased
the OASIS system and is offering it as a first step toward an information index system.
The Sheriff's Office only requires that system subscribers upload and maintain their own
information on OASIS so that it can be shored amongst other agencies.
FINANCIAL IMPACT:
There is no cost to participate in the OASIS system beyond the time required to upload
our own data, which will be an automated batch process.
Agenda Item Review: City Administrat~'C~ City Attorney/V'~_~
Finance
184
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION ENTERING INTO AN AGREEMENT WITH MARION COUNTY
FOR THE PURPOSE OF PARTICIPATING IN THE OREGON AGENCIES
SIMPLIFIED INFORMATION SYSTEM (OASIS) AND AUTHORIZING THE POLICE
CHIEF TO SIGN SAID AGREEMENT.
WHEREAS, changes in the police records management systclns by agencies within the
Regional Automated Information Network (RAIN) have led to the need for a system which
allows information to be shared amongst RAIN agencies; and
WHEREAS, the Marion County Sheriff's office has offered the Oregon Agencies
Simplified Information System (OASIS) as an interim way for these agencies to share data until
RAIN can develop an index system; and
WHEREAS, it is in the interest of the City to enter into an agreement with Marion
County to participate in OASIS; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into an Agreement with Marion County for
participation in the Oregon Agencies Simplified Information System (OASIS).
Section 2. That a copy of said Agreement is affixed to this Resolution as Attachment
"A" and is by this reference incorporated herein.
Section 3. That the Police Chief of the City of Woodbum is hereby authorized to sign
said Agreement on behalf of the City.
Approved as to form:F''~)~ ,r~ ~ 5_<~r .-- ~ 0 X
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 Woodbum, Oregon
Page 1 - Council Bill No.
Resolution No.
185
Agreement to Participate in
The Oregon Agencies Simplified
Information System (OASIS)
ATTACHMENT
Page / of
This agreement is made by and between Marion County, a political subdivision
and body politic of the state of Oregon, hereinafter called 'host agency' and
Oregon, a municipal corporation or political subdivision of the State of
Oregon, hereinafter called 'remote agency'.
In consideration of the recitals and the mutual covenants and agreements
described below, host agency and remote agency agree as follows:
Host agency hereby agrees to maintain system hereinafter referred to as OASIS.
Maintenance of system will include but is not limited to programming
modifications, hardware maintenance, routine backup of data, user account
maintenance, etc.
Host agency hereby agrees to provide this service at no cost to remote agency
other than the costs incurred by remote agency to make remote connection and
develop custom upload interfaces if desired for a period of two years. At that
time the OASIS user committee (see # 8) will determine actual cost of
maintaining system and determine any appropriate continuing OASIS access and
use fees for remote agencies.
Host agency will provide use of OASIS system "As Is". Host agency grants no
warrantees or guarantees, express or implied, that the system will work, or will be
suitable for any uses remote agency may make of the system.
Host agency is not liable for any damages remote agency may incur, including
incidental and consequential damages. To the extent allowed by the Oregon Tort
Claims Act, remote agency agrees to indemnify and hold host agency harmless
for any claim of any kind or nature whatsoever arising from remote agency's use,
operation, or reliance on the system.
Host agency agrees to share acquired knowledge with remote agency on the use
of the system and to also provide a general level of support. Host agency will not
provide on-site desktop support to remote agency.
Remote agency agrees to participate by uploading, at the very least, all their
police incident reports in a standard file format that will be agreed upon by the
OASIS user committee. Other types of information may also be uploaded.
Examples of other types of information might be in custody reports, mugshot
profiles, electronic wanted posters, etc.
186
ATTACHMENT *~
Page ~ of ~'
Remote agency agrees to take full responsibility for managing their own
documents with regards to expungements, need for modifications, etc. This
process will be defined by the OASIS user committee.
Remote agency agrees to NOT sell, publish, or in anyway distribute information
belonging to another agency without the permission of that agency.
Remote agency agrees to actively participate in OASIS user committee meetings
that will be held on a quarterly basis.
10. The parties represent that the persons executing this agreement are authorized to
do so by appropriate legislative or administrative act of their respective governing
bodies.
11. This agreement is the entire agreement between the parties. Any prior
understanding or representation of any kind preceding the date of this agreement
shall not be binding on either party except to the extent incorporated into this
agreement. This agreement shall be governed by, construed, and enforced in
accordance with the laws of the state of Oregon.
Host Agency
Marion County
By
Title
Date
Remote Agency
By
Title
Date
187
Woor) u ,N
10H
May 7, 2003
TO:
FROM:
SUBJECT:
Mayor and City Council through City Administrator
Public Works Director ~,_,_,_,.-~ ....
West Lincoln, Resolution of Intent to improve
RECOMMENDATION:
Approve the attached resolution of intent to improve West Lincoln Street, which
sets the public hearing date of June 9, 2003 for the Local Improvement District
BACKGROUND:
The City Council at the regularly scheduled meeting held on April 14, 2003, by
motion approved the engineering report for West Lincoln Street and directed staff to
prepare a resolution of intent to improve.
The attached resolution declares the Councils intent to make the improvement, adopts
the Local Improvement District (LID), adopts the method of assessment, establishes a
public hearing date and directs the City Recorder to give notice. The resolution
contains the framework and terms that were defined in the approved engineering
repod.
The resolution sets June 9, 2003 for the public hearing date which provides staff ample
time to comply with notice requirements of Ordinance No. 2105. Notice is to be
published in two publications, one week apart, in a newspaper of general publication
in the city; the first publication shall not be less then 10 days from the public hearing
date. In addition to the ordinance requirements for notice, each property within lhe LID
will be provided with a notice of the public hearing and pertinent information from the
resolution of intent to improve by unregistered mail a few days prior to the hearing.
West Lincoln Street is identified on the capital improvement program and council has
expressed the need for the improvement, therefore staff is recommending approval of
the resolution, which is the next procedural step in the LID street improvement process.
DISCUSSION:
The Council is requested to review Section 5 of this resolution that outlines the
property benefit determination. Public Works staff will be available to answer
any questions raised during the mccting on this and other issues. It is impodant
Agenda Item Review: City Administrat~ City Attomey ~///~"~ Finance~
188
Mayor and City Council
May 7, 2003
Page 2
that the city council is comfodable with the presented approach on benefit
determination prior to scheduled public hearing.
FINANCIAL IMPACT:
Publication of notice estimated at $500.00 and the project cost itself as outlined
in the report.
Attachments 1) LID process and current status
2) Resolution of Intent to Improve
189
10.
Il.
12.
PROCESS FOR
LOCAL IMPROVEMENT DISTRICT (LID)
PROJECT INITIATION: Project is initiated by petition or by action of the City
Council
RESOLUITION AUTHORIZING AN ENGINEERING REPORT: City
Council, by approval of a resolution, directs staff to prepare an engineers report
for the improvement
ENGINEERING REPORT APPROVAL: Engineers report contains, project
need, method of assessment, cost estimate based on preliminary engineering,
Local Improvement District (LID) boundary. The City Council may at this stage
direct staff to prepare a "Resolution of Intent to Improve".
RESOLUTION OF INTENT TO IMPROVE: LID boundary and assessments
are defined for public process. Public hearing date set with council approval of
resolution.
ADVERTISEMENT OF PUBLIC HEARING: The City Recorder gives notice
meeting legal requirements of advertising for public hearing.
PUBLIC HEARING: City Council holds a public hearing on the project and
receives input from the affected property owners. Note: Project can not proceed
unless the majority (+50%) of the property owners support the improvement.
However, if two thirds (+67%) of' the property owners support the improvements,
and project was initiated by petition, then City Council can not stop it.
CITY COUNCIL DECISION:
a. Direct staff to prepare an assessment ordinance
b. Direct staff make modifications to the LID
c. Abandon or postponement of the LID
ADOPTION OF THE ASSESSEMENT ORDINANCE: Funding defined.
COMPLETION OF FINAL ENGINEERING: Final engineering plans,
specifications and contract documents are completed.
ADVERTISEMENT FOR BIDS AND BID AWARD: The project is advertised
and bids are received. The City Council reviews staff recommendation and
awards the contract for construction to the lowest responsible bidder. (Note: City
may receive bids earlier but contract award can not take place until assessment
ordinance has been adopted)
CONSTRUCTION ACTIVITIES: Construction takes place under the
supervision of the City Engineer. ( Note: This is the time when the public sees
project action)
FINAL ASSESSMENT ORDINANCE: Upon completion of the improvements
the final assessment process is followed. The process requires another public
hearin8 and explanation of payment plan time lines.
We Are Here
190
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION OF INTENT TO IMPROVE A PORTION OF WEST LINCOLN
STREET BETWEEN CASCADE DRIVE AND LEASURE STREET, ADOPT THE
LOCAL IMPROVEMENT DISTRICT, ADOPT THE METHOD OF ASSESSMENT,
ESTABLISH A PUBLIC HEARING DATE AND DIRECT THE CITY RECORDER TO
GIVE NOTICE.
WHEREAS, the City Council considers the improvement of the unimproved portion of
West Lincoln Street between Cascade Drive and Leasure Street to be necessary and beneficial;
and
WHEREAS, The City Council has authority to initiate the Local Improvement District
improvement and procedure process as per Ordinance No. 2105, and
WHEREAS, The City Council instructed the City Engineer to prepare the engineering
report for the improvements; and
WHEREAS, the City Council reviewed and approved the engineering report on the
improvement of West Lincoln Street on April 14, 2003; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
SECTION 1.
INTENT TO IMPROVE
The City Council deems it necessary and hereby declares its intention to order the
following improvements. The unimproved portion of West Lincoln is to be improved in
accordance with the Woodburn Transportation Plan (TSP) as a Local Residential Street.
This cross section as identified in the TSP provides two travel lanes, on-street parking and
sidewalks both sides. The improvement will be complete with curbs, drainage
improvements and street lighting. Attached is Exhibit 1, which depicts the proposed
typical street cross-section.
SECTION 2
PROPOSED METHOD OF FUNDING:
The funding mechanism to accomplish this project includes the following:
A. CITY SUPPORT:
Budgeted approved funds for improvement of gravel streets
PAGE 1- COUNCIL BILL NO.
RESOLUTION NO.
191
B. ASSESSMENT AGAINST BENEFITING PROPERTIES:
Limited to the cost associated with a 34-foot wide local residential street adjacent
to the current unimproved portion of West Lincoln.
SECTION 3
BOUNDARY OF THE PROPOSED LOCAL
IMPROVEMENT DISTRICT:
The property subject to the assessment of this district will be to those properties that have
property frontage adjacent to the unimproved portion of West Lincoln, as described
below:
Beginning at the Northeast comer of lot 18, Halls Home Tracts to the City Of
Woodburn, situated in Township 5 South Range I West, Section 7 Marion County
Oregon; Thence Westerly long along the North boundary of lot 18,23,26,31,34,39 and 42
of said Halls Home Tracts to the Northwest comer of said lot 42; Thence Southwesterly
along the West line of said lot 42 to the Southwest comer thereof~ said Southwest comer
also being on the North line of West Lincoln Street; Thence Southwesterly to the
Northwest comer of lot 43 of said Hall Home Tracts, said Northwest comer being on the
South Line of West Lincoln Street; Thence Southwesterly along the West line of said lot
43 to the Southwest corner thereof; Thence Easterly along the South boundary of lot
43,38,35,30,27,22 and 19 to the Southeast comer of said lot 19; Thence Northeasterly
along the East line of said lot 19 to the Northeast Comer thereof, said Northeast comer
being on the South Line of West Lincoln Street; Thence Northeasterly to the Southeast
comer of lot 18 of said Hall Home Tracts; Thence Northeasterly along the East line of
said lot 18 to the place of beginning.
A map showing the above described district boundary is attached as Exhibit 2 and those
properties within that boundary are identified in Section 4.
SECTION 4
PROPERTIES WITHIN THE LOCAL IMPROVEMENT
DISTRICT:
MARION
COUNTY TAX LOT # ADDRESS PROPERTY OWNER
MAP #
051W07CB 8400 1791 SANDOVAL, GEORGE
051W07CB 8500 1695 LINCOLN ESTATES LLC
051W07CB 8600 1505 SHEVCHENKO, BENJAMIN & ZINA
051W07CB 9000 1465 ZAMORA, JESUS & AIDA
051W07CB 9100 1415 TORRES, LEONARDO &
052W12DA 3800 1851 MENDENHALL, DAVID
051W07CC 4400 1400 BLOCK LINCOLN ESTATES LLC
051W07CC 4500 1510 LINCOLN ESTATES LLC
PAGE 2- COUNCIL BILL NO.
RESOLUTION NO.
192
MARION
COUNTY TAX LOT # ADDRESS PROPERTY OWNER
MAP #
051W07CC 4600 1600 BLOCK LINCOLN ESTATES LLC
051W07CC :4700 1720 SCHABEL, GARY & TAMMY
052W12DD ~100 1790 KIELING, DEAN & TANYA
052W12DD 500 1700 BLOCK WESTERN SAGE MANAGEMENT INC.
051W07CB 9300 1200 BLOCK MARION COUNTY
SECTION 5
PROPERTY BENEFIT DETERMINATION:
A. PROPERTY BENEFIT DETERMINATION:
Properties adjacent to the unimproved portion of West Lincoln, up to a depth
of 295 feet are determined to benefit from the improvement in proportion as
stated below:
Full benefit received for front footage cost sharing if adjoining the
improvement.
Full benefit received for Area cost sharing if improved street is the
only outlet to the property being considered.
Only 50% of the benefit received for cost allocation, if property is
improved and is using another outlet to access the property.
Bo
PROPOSED UNIT DETERMINATION FOR THE METHOD OF
ASSESSMENT:
LINEAL FRONT FOOTAGE: 50% of the street cost excluding driveway
approach cost will be distributed based on total front footage of individual
parcel or lot frontage adjacent to the unimproved portion of West Lincoln. The
unit cost will be calculated the same for either developed or underdeveloped
property.
LOT AREA: 50% of the street cost excluding driveway approach cost will be
distributed based on the area of those properties adjacent to the unimproved
portion of West Lincoln and which utilize it for access. Improved properties
within the district which currently have another means of access to an
improved public street will receive a 50% reduction in property area.
DRIVEWAY APPROACH: Each tax lot requiring access to West Lincoln
will be assessed a flat rate Driveway Approach cost of $500.00, one per lot. If
an additional approach is requested the cost be will be in accordance with the
actual unit price cost of installation.
PAGE 3- COUNCIL BILL NO.
RESOLUTION NO.
193
SECTION 6 ENGINEERS PROJECT COST ESTIMATE:
The estimated cost of improving
West Lincoln Street in conformance
with a local residential street
standard.
$ 194,500
TOTAL PROJECT COST
$ 194:500
Note: Estimated costs includes engineering, administration, contingency and permits
SECT1ON 7
DISTRIBUTION OF PROJECT COST:
PROJECT COST TO BE FUNDED BY THE CITY
Costs that are not to be assessed
Cost sharing by the city as approved
by council policy and supported by
approved budget
$ 40,000
TOTAL TO BE FUNDED BY THE CITY = $ 40:000
Bo
STREET COST TO BE DISTRIBUTED
AGAINST THE BENEFITED PROPERTIES
Cost to be distributed against the
benefiting properties for a standard
34-foot wide local residential street cross section
less the cost share by the city
Standard residential street cross-
section to include sidewalks,
drainage, street lighting
$194,500- $40,000
= $154,500
Exclude approach cost, fiat rate
of $500/ea. to be distributed
to each benefiting tax lot.
11 approaches (~ $500/each
-$5,5OO
STREET COST TO BE ASSESSED
PAGE 4- COUNCIL BILL NO.
RESOLUTION NO.
194.
SECTION 8 UNIT COST DETERMINATION:
A. INDIVIDUAL PROPERTY UNITS
MARION
COUNTY TAX ADDRESS AREA LINEAL PROPERTY OWNER
MAP # LOT # ACRES FRONT
FOOTAGE
051W07CB 8400 1791 1.02 147.45 SANDOVAL, GEORGE
051W07CB ~8500 1695 2.04 294.90 LINCOLN ESTATES LLC
051W07CB 8600 1515 1.02 147.45 SHEVCHENKO, BENJAMIN & ZINA
051W07CB 9000 1465 0.17 51.08 Z_AMORA, JESUS & AIDA
051W07CB 9100 1415 0.32 96.27 TORRES, LEONARD &
052W12DA 3800 1851 2.04 294.90 MENDENHALL, DAVID
051W07CC 4400 1400 BLOCK 1.02 147.45 LINCOLN ESTATES LLC
051W07CC 4500 1510 1.02 147.45 LINCOLN ESTATES LLC
051W07CC 4600 1600 BLOCK 1.02 147.45 LINCOLN ESTATES LLC
051W07CC 4700 ;1720 1.02 147.45 SCHABEL, GARY & TAMMY
052W12DD 100 1790 1.02 147.45 KIELING, DEAN & TANYA
052W12DD 500 1700 BLOCK 1.02' 294.90 WESTERN SAGE MANAGEMENT INC.
051W07CB 9300 1200 BLOCK 0.25* 0 MARION COUNTY
TOTAL 12.98 2,064.20LF
*Denotes 50% of actual area
B. COST PER LINEAL FRONT FOOTAGE:
50% of the estimated cost of the street improvements to
be assessed for the improvement to the
unimproved portion of West Lincoln
Total front footage within the assessment district
Cost per lineal foot of frontage
C. COST FOR AREA PER ACRE
50% of the estimated cost of the street improvements
to be assessed for the improvement to the unimproved
portion of West Lincoln
Total area which have direct access to West Lincoln
within the assessment district.
Area cost, per acre
PAGE 5- COUNCIL BILL NO. RESOLUTION NO.
$ 74,500
2064.2 LF
$36.09/LF
$ 74,500
12.98 acres
$ 5,739.60/AC
195
D. DRIVEWAY APPROACH COST
One driveway approach per tax lot requiring access
To West Lincoln will be assessed at a flat rate.
Additional approach will be based on the unit
price cost of installation.
$500/ea.
SECTION 9
INDIVIDUAL ESTIMATED PROPERTY ASSESSMENTS:
A. ESTIMATED ASSESSMENT COST BASED ON APPROACH, AREA AND
LINEAL FRONT FOOTAGE
TAX COST COST COST TOTAL
LOT# ADDRESS PROPERTY OWNER OF BASED BASED ON ASSESSMENT
APPROACH ON AREA FOOTAGE
8400 1791 SANDOVAL, GEORGE $500.00 $5,854.39, $5,321.69 $11,676.08
8500 1695 LINCOLN ESTATES LLC $500.00 $11,708.78 $10,643.37 $22,852.16
!8600 1515 SHEVCHENKO, BENJAMIN
& ZINA $500.00 $5,854.39 $5,321.69 $11,676.08
9000 1465 ZAMORA, JESUS & AIDA $500.00 $975.73 $1,843.55 $3,319.28
9100 1415 TORRES, LEONARDO & $500.00 $1,836.67 $3,474.53 $5,811.20
~00 1851 MENDENHALL, DAVID $500.00 $11,708.78 $10,643.37 $22,852.16
4400 1400 LINCOLN ESTATES LLC
BLOCK $500.00 $5,854.39 $5,321.69 $11,676.08
4500 1510 LINCOLN ESTATES LLC $500.00 $5,854.39 $5,321.69 $11,676.08
4600 1600 LINCOLN ESTATES LLC
3LOCK $500.00 $5,854.39 $5,321.69 $11,676.08
4700 1720 SCHABEL, GARY & TAMMY $500.00 $5,854.39 $5,321.69 $11,676.08
100 1790 KIELING, DEAN & TANYA $500.00 $5,854.39 $5,321.69 $11,676.08
500 1700 WESTERN SAGE
BLOCK MANAGEMENT INC. $0.00 $5,854.39 $10,643.37 $16,497.76
9300 1200 MARION COUNTY
BLOCK $0.00 $1,434.90 $0.00 $1,434.90
$5,500.00 $74,500.00 $74,500.00 $154,500.00
SECTION 10 PAYMENT PLAN FOR ASSESSMENT:
A ten-year (10) payment plan is proposed for the assessment obligation.
SECTION 11 1NTEREST RATE:
The Finance Director is authorized to develop a schedule and charge an interest rate,
which does not exceed one-half (1/2) percent above the estimated net effective rate of
bond sale. Currently this interest rate is estimated at 5.75% by the Finance Director.
PAGE 6- COUNCIL BILL NO. RESOLUTION NO.
196
SECTION 12 FUNDING METHODS:
The improvement costs for the project will be supported utilizing two funding sources, the
LID property assessments and council approved city support.
SECTION 13 FUNDING SUMMARY:
PROJECT FUNDING REQUIRED =
A. CITY SUPPORT
General Fund
Cost Share for improvement
of Gravel Streets
B. LID PROPERTY ASSESSMENTS
SUB TOTAL =
SUBTOTAL=
$ 194,500
$ 40,000
$ 40:000
$154,500
FUNDING TOTAL : ~
SECTION 14 MAXIMUM I,IMIT OF ASSESSMENT AMOUNT:
It is proposed that the assessment amounts shown in this document be fixed as the
maximum amount to be assessed against the properties for the said improvement. Any
cost over runs will be absorbed by the city.
SECTION 15 FUTURE DEVELOPMENT OF PROPERTIES WITHIN THE
PROPOSED LOCAL IMPROVEMENT DISTRICT:
The Community Development Department will enforce the
Woodburn Development Ordinance, specifically Section 3.1
Development Guidelines and Standards as it relates to required
street improvements.
City Attorney approved non-remonstrance agreement, if part of the
planning approval process, shall be promptly recorded by the city
and shall run with the property.
PAGE 7- COUNCIL BILL NO.
RESOLUTION NO.
197
SECTION 16 PUBLIC HEARING
The City Council will hold a public hearing on the proposed Local Improvement District
June 9, 2003 at 7:00 PM in the City Council Chambers of the City Hall, 270 Montgomery
Street.
SECTION 17 NOTICE OF HEARING
That the City Recorder of the City of Woodburn is hereby directed to give notice of the
City Council's intention to make the proposed improvements and notice the public hearing
as outlined in Section 16
Approved as to form;~"~' c-~/~~'~
City Attorney
Date
Approved:
Passed by Council
Submitted to the Mayor
Approved by the Mayor
Filed in the office of the Recorder
Kathryn Figley, Mayor
Attest:
Mary Tennant, City Recorder
City of Woodbum, Oregon
PAGE 8- COUNCIL BILL NO.
RESOLUTION NO.
198
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WOODBURN
10I
May 7, 2003
TO:
FROM:
Mayor and City Council through City Administrator
Randy Scott, Senior Engineering Technician, through the Public/~'/.~ .
Works Director
SUBJECT: Contract Award For Resurfacing Improvements
RECOMMENDATION:
Award the construction contract to the lowest responsible bidder, Morse Bros.
for resurfacing of Workman Drive, Garfield Avenue and McLaughlin Drive in the
amount of $98,488.50.
BACKGROUND:
The contract is in conjunction with Project No. 2003-014-20, Bid No. 23-11 for
resurfacing all of Workman Drive, Garfield from Settiemier to a point just West of
Smith Drive and McLaughlin Drive from Smith Drive, North Approximately 700
feet. A small portion of Austin Drive and the West end of Smith Drive will also be
included. The project consists of surface repairs for areas of failure and
placement of either a 1" or 1 ½" asphaltic concrete wearing surface.
Staff received a total of 6 qualified bids as listed below
1. Morse Bros. $98,488.50
2. Parker Norfhwest $106,349.50
3. Roy L Houck Construction $118,480.50
4. D & D Paving $122,344.00
5. Salem Road & Driveway $124,323.0o
6. North Santiam Paving $132,121.25
Engineers Estimate $140,000
The Iow bidder is 30% below the engineers estimate. Asphalt prices have
decreased after a dramatic rise since preparation of the engineers estimate;
therefore staff is recommending the contract be awarded.
Agenda Item Review: City Administratc~:::~ City Attorney/~'~")~
201
Mayor and City Council
April 7, 2003
Page 2
DISCUSSION:
None
FINANCIAL IMPACT:
The project will be funded using approved resurfacing/maintenance budgeted
funds
202
lOJ
May 7, 2003
TO:
FROM:
SUBJECT:
Mayor and City Council through City Administrator
Linda Sprauer, Library Director
Consulting Services Relative to Library Space Utilization Plan and/or
Library Remodel/Expansion
RECOMMENDATION'
Approve the selection of Hennebery Eddy Architects with Buffalo Desiqn to
complete a space utilization plan and/or library remodel/expansion project.
BACKGROUND:
The city requested proposals from architectural firms for a feasibility study to
determine library space needs for the next fifteen to twenty years. The city
received proposals from seven firms. The proposals were reviewed by one
Library Board member, one Friends of the Woodburn Public Library member and
three city staff members. After this review, completion of an interview process
with the four highest rated consultants, and checking references with previous
customers it was the consensus of that Hennebery Eddy Architects with Buffalo
Design was best suited for the work required by the city. They have a wide
range of experience with libraries similar in size to Woodburn's.
DISCUSSION:
Staff will work with this firm to develop a final scope of work and financial
agreement. It is anticipated that work on the project will begin in June. The
study should take approximately four to six months and be completed in the fall
of 2003.
FINANCIAL IMPACT:
Within the scope of work the fee negotiated will be dependent upon whether
the final product is a space utilization plan or a complete expansion project. An
agreement will be negotiated and brought back to council for approval.
Agenda Item Review: City Administrato~---f~City Attorney/v~-~ FinancJ~'/v .
203
W. OODBURN
IOK
May 12, 2003
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council
John C. Brown, City Administrator, ';~'~"/,-~'
May 26, 2003 Meeting
RECOMMENDATION:
It is recommended the City Council move the May 26, 2003 meeting to May 27,
2003.
BACKGROUND:
The City Council meets regularly on the second and fourth Mondays of the
month. The Memorial Day holiday frequently falls on the fourth Monday of May.
When Memorial Day fell on the fourth Monday of May in the past, the City
Council moved its regular meeting to the following evening.
DISCUSSION:
May 26th is Memorial Day this year, and falls of the fourth Monday of the month.
Accordingly, it is recommended the City Council move it's May 26, 2003
meeting to May 27, 2003.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
Agenda Item Review:
City Administrator~ City Attorney/,/4-~
Finance
204
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodburn, Oregon 97071
(50~ 982-5246
Date:
To:
From:
Subject:
May 12, 2003
Honorable Mayor and City Council through City Administrator~d'~'
Jim Mulder, Director of Community Development/~
Planning Commission's Action on Conditional Use 02-03, Design
Review 02-11 and Variance 03-13
On May 8, 2003, the Planning Commission adopted a final order approving a proposal
for conditional use and design review approval of a 465 square foot chemical and
electrical separation building for the Woodburn Aquatic Center; the modification of two
conditions of approval from the previous site plan review request; and a variance to the
street standards on Settlemier Avenue, Oak Street, Front Street, and Second Street.
The subject property is located at 190 Oak Street. This decision is final unless
appealed or the City Council calls this decision up for review.
APPLICATION INFORMATION:
Applicant & Property Owner:
City of Woodburn
190 Garfield Street
Woodburn, Or 97071
NATURE OF THE APPLICATION:
The applicant requested conditional use and design review approval to modify two
conditions of approval of a previous site plan review (Site Plan Review Case File No.
94-18) and to construct a 465 square foot chemical and electrical separation building for
the Woodburn Aquatic Center in the Public/Semi-Public (P/SP) zoning district. In
addition, the applicant requested a variance from Woodburn Development Ordinance
Section 3.101.02.B which requires boundary and connecting streets to be fully
improved. The applicant proposes to not improve Settlemier Avenue, Oak Street and
Front Street, and proposes to provide only a paved driveway on Second Street.
A previous site plan review (Case File No. SPR 94-18) on the subject site was approved
on August 25,1994 and permitted the construction of the existing aquatic facility.
Condition #1 of that approval required that an eight-space parking lot for employee
parking be constructed on the west side of the aquatic facility. Condition #12 required
Second Street to be fully improved to city street standards. These two conditions have
not been complied with. The applicant, as part of this application, proposed to eliminate
205
the requirement to improve the parking lot because it conflicts with the proposed
location of the chemical and electrical separation building. In addition, because no
parking lot is to be constructed, the applicant proposed to not fully improve Second
Street and provide only a paved driveway instead. The paved driveway would provide
access to the proposed chemical and electrical separation building and to two existing
garages on Second Street.
RELEVANT FACTS:
The subject property is located at 190 Oak Street. It can be identified specifically on
Marion County Assessor Map T5S, 1W, Section 18BD, Tax Lots 3100, 3200, 3400,
3500, and Section 1SBA, Tax Lot 12400.
The subject property is zoned Public and Semi-Public (P/SP) and Downtown
Development and Conservation (DDC). It is designated Public and Commercial on the
Woodburn Comprehensive Plan Map. The proposed building will be located within the
P/SP District. An existing aquatic facility and park are located on the subject site. The
properties to the west, south and east (Across Front Street) are zoned Single Family
Residential (RS) and designated Residential Less Than 12 Units Per Acre on the
Woodburn Comprehensive Plan Map. The properties to the north of the subject site are
zoned RS, Medium Density Residential (RM) and Downtown Development and
Conservation (DDC). Single family dwellings surround the subject site except for an
apartment complex located to the north (across Oak Street).
A previous site plan review (Case File No. SPR 94-18) on the subject site was approved
by the Planning Commission on August 25,1994 and permitted the construction of the
existing aquatic facility.
206
CITY OF WOODBURN
Community Development
14B
MEMORANDUM
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-5246
Date:
To:
May 12, 2003
Honorable Mayor and City Council through City Administrator~/~'['~
F rom:
Subject:
Jim Mulder, Director of Community Development
[
Planning Commission's Action on Design Review 02-12 and Variance
03-01
On May 8, 2003, the Planning Commission adopted a final order that approved a
proposal to construct a 10,250 square foot addition to the existing 28,500 square foot
Coastal Farm Supply retail building. The Planning Commission denied the applicant's
request for a variance from the Woodburn Development Ordinance Section
2.106.05.C.2 which requires a solid brick or architectural wall adjacent to an RS, RIS, or
RM zone. The subject property is located at 1550 Mt. Hood Avenue (Highway 214). This
decision is final unless appealed or the City Council calls this decision up for review.
APPLICATION INFORMATION:
APPLICANT:
Coastal Farm Supply
ATTN: Joe Williams
P.O. Box 99
Albany, OR 97321
PROPERTY OWNER: Coastal Farm Real Estate
NATURE OF THE APPLICATION:
The applicant requested design review approval to construct a 10,250 square foot
addition to an existing 28,500 square foot retail building occupied by Coastal Farm
Supply in the Commercial General (CG) zoning district. In addition, the applicant
requested a variance from the Woodburn Development Ordinance Section 2.106.05.C.2
which requires a solid brick or architectural wall adjacent to an RS, RIS, or RM zone.
The applicant proposed to substitute an existing berm, chain link fence with slats, and
landscaping for the required wall.
RELEVANT FACTS:
207
The subject property is located at 1550 Mt. Hood Avenue (Highway 214). It can be
identified specifically on Marion County Assessor Map T5S, lW, Section 8DB, Tax Lot
1500.
The subject property is zoned Commercial General (CG) and designated Commercial
on the Woodburn Comprehensive Plan Map. The subject property is located in an
existing integrated business center, including buildings, landscaping, and parking. The
properties to the east and north are also zoned CG and designated Commercial on the
Woodburn Comprehensive Plan Map. The adjacent properties to the west and south
are zoned Single Family Residential (RS) and designated Residential Less Than 12
units Per Acre on the Woodburn Comprehensive Plan Map. A church is located to the
west and single family dwellings to the south.
A previous site plan review (SPR 1996-18) was submitted on the subject property. On
February 13, 1997, the Planning Commission approved a 28,500 square foot Coastal
Farm and Home Supply building.
2
208
CITY OF WOODBURN
Community Development
14C
MEMORANDUM
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-5246
Date:
To:
From:
Subject:
May 12, 2003
Honorable Mayor and City Council through City Administrator~c/i~2
Jim Mulder, Director of Community Development '
Planning Commission's Action on Conditiona1 Use 02-05, Design
Review 02-16, Variance 03-06 and Variance 03-07
On April 24, 2003, the Planning Commission adopted a final order that approved the
applicant's request for conditional use and design review approval for a proposed 3,800
square foot water treatment plant, filters, 80,000 gallon backwash tank and 300,000
gallon storage reservoir. The Planning Commission also approved the applicant's
variance request to street standards. The Planning Commission denied the applicant's
variance request to allow for a barbed wire fence. The subject property is located at
1084 Country Club Road. This decision is final unless the City Council calls this
decision up for review.
APPLICATION INFORMATION:
Applicant & Property Owner:
City of Woodburn
190 Garfield Street
Woodburn, Or 97071
NATURE OF THE APPLICATION:
The applicant requested conditional use and design review approval for a proposed
3,800 square foot water treatment plant, filters, 80,000 gallon backwash tank and
300,000 gallon storage reservoir. The applicant also requested a variance to street
standards and a variance to allow for a barbed wire fence.
RELEVANT FACTS:
The subject property is located at 1084 Country Club Road. It can be identified
specifically on Marion County Assessor Map T5S, lW, Section 7BA, Tax lots#: 600 &
700. Tax lot 600 is vacant. An existing well house is located on tax lot 700.
The subject property is approximately 3.07 acres in size and is zoned Single Family
Residential (RS) and designated Residential Less than 12 Units Per Acre on the
Woodburn Comprehensive Plan Map. The properties to the north (across Country Club
209
Road), south and east have the same zoning and comprehensive plan map designation
as the subject site. Single family dwellings are located to the north (across Country
Club Road) and south of the property. A church is located to the east of the subject
site. The property to the west is zoned Medium Density Residential (RM) and
designated Residential Greater than 12 Units Per Acre on the Woodburn
Comprehensive Plan Map. An apartment complex is located on the property to the
west.
There are no wetlands on the subject site and it is located outside of the 500 year
floodplain.
A previous comprehensive plan map amendment from less than 12 units per acre to
greater than 12 units per acre and zone change from 'Single Family Residential (RS)" to
"Limited Multifamily Residential District (RL)" on the subject site was approved by the
City Council on October 24, 1983. This plan amendment and zone change were to be
effective when a retirement community was to be developed according to a concurrent
plan. The retirement community was never developed so the subject site retains the
original comprehensive plan map designation of less than 12 units per acre and the RS
zoning. A subsequent comprehensive plan map amendment from less than 12 units per
acre to greater than 12 units per acre, zone change from RS to RL and site plan review
for 60 multifamily dwelling units was denied by the Planning Commission on April 12,
2001.
2
210
CITY OF WOODBURN
Community Development
14D
MEMORANDUM
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-5246
Date:
To:
May 12, 2003
Honorable Mayor and City Council through City Administrator
From;
Subject:
Jim Mulder, Director of Community Development~-~
Planning Commission's Action on Conditional Use
Review 02-17, Variance 03-09 and Variance 03-10
02-06, Design
On April 24, 2003, the Planning Commission adopted a final order that approved the
applicant's request for conditional use and design review approval for a proposed 3,800
square foot treatment plant, filters, 80,000 gallon backwash tank, and 1,700,000 gallon
storage reservoir. The Planning Commission also approved a variance to allow a 51
foot tall tank when a 45 foot maximum height is allowed and a variance to allow for a
barbed wire fence to be located closer than 150 feet from the public street (National
Way). The subject property is located at 2225 National Way. This decision is final
unless the City Council calls this decision up for review.
APPLICATION INFORMATION:
Applicant & Property Owner:
City of Woodburn
190 Garfield Street
Woodburn, Or 97071
NATURE OF THE APPLICATION:
Request for conditional use and design review approval for a proposed 3,800 square
foot treatment plant, filters, 80,000 gallon backwash tank, and 1,700,000 gallon storage
reservoir. The applicant also requested a variance to allow a 51 foot tall tank when a 45
foot maximum height is allowed and a variance to allow for a barbed wire fence to be
located closer than 150 feet from the public street (National Way).
RELEVANT FACTS:
The subject property is located at 2225 National Way. It can be identified specifically on
Marion County Assessor Map T5S, lW, Section 08A, Tax lot#: 2000.
The subject property is approximately 1.39 acres in size and is zoned Industrial Park
(IP) District and designated industrial on the Woodburn Comprehensive Plan Map. All
of the surrounding properties except for the property located to the east (Across
211
National Way), are zoned IP and designated industrial on the Woodburn
Comprehensive Plan Map. The property located to the east (Across National Way) is
zoned "Commercial General (CG)" and designated commercial on the Woodburn
Comprehensive Plan Map. Industrial uses are located on the properties that abut the
subject site. A tractor trailer sales use is located to the east (across National Way).
An existing 400 square foot well house is located on the subject property. No wetlands
are located on the subject site and it is located outside of the 500 year floodplain.
Two previous partitions were approved on the subject property (Case File Nos. MP 90-
08 and 93-02). A 30 foot access easement was created on the subject site to allow for
access to the parcels to the south and west.
2
212
CITY OF WOODBURN
Community Development
MEMORANDUM
14E
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-5246
Date:
To:
May 12, 2003
Honorable Mayor and City Council through City Administrator--~//'~r
From:
Subject:
Jim Mulder, Director of Community Development
Planning Commission's Action on Design Review 02-14, Variance 03-
08, Zoning Adjustment 02-03 and Exception to Right of Way 03-02
On April 24, 2003, the Planning Commission adopted a final order that approved the
applicant's request for design review approval for a 36 unit elderly apartment project;
variance approval to allow for 1.5 parking spaces per unit when 2 parking spaces per
unit are required; zoning adjustment approval to allow for 20% reduction of the required
24 foot setback from the interior property lines and 10% reduction from the required 20
foot front yard setback; and an exception to the full street right of way on Carol Street.
The subject properties (2.75 acres) are located on the west side of Carol Street. This
decision is final unless the City Council calls this decision up for review.
APPLICATION INFORMATION:
Property Owner:
Amos & Pebble Brusen
1032 William St.
Woodburn, OR 97071
Applicant:
Rambeau Development
756 Horseback Ct. NE
Salem, OR 97301
NATURE OF THE APPLICATION'
The applicant requested design review approval for a 36 unit elderly apartment project;
variance approval to allow for 1.5 parking spaces per unit when 2 parking spaces per
unit are required; zoning adjustment approval to allow for 20% reduction of the required
24 foot setback from the interior property lines and 10% reduction from the required 20
foot front yard setback; and an exception to the full street right of way on Carol Street.
RELEVANT FACTS:
213
The subject properties (2.75 acres) are located on the west side of Carol Street, an
unimproved gravel road, and have over 500 feet of frontage when combined. The
subject properties are further identified on Marion County Assessor Maps as Township
5 South, Range 1 West, Section 17BA, tax lot 800 and Township 5 South, Range 1 W,
Section 8CD, tax lot 7800. Currently there is an orchard on the property. Tax Lots
7800 and 800 are zoned Medium Density Residential (RM) and are designated as
residential more than 12 units per acre on the Woodburn Comprehensive Plan. Parcels
to the north, south and west are also zoned Medium Density Residential (RM). The
neighboring parcel to the north has a multifamily dwelling and the neighboring parcel to
the south has a single family dwelling. The parcel to the west is vacant. Parcels to the
east of tax lot 7800 (across Carol Street) are zoned RM, and parcels to the east of tax
lot 800 are zoned RM and General Commercial (CG). Most of the parcels to the east
are in residential use, except for the bank in the CG zone.
The subject properties do not have wetlands on them and are located outside of the 500
year floodplain.
A consolidation of the two tax lots (tax lot 800 and 7800) was approved by the
Community Development Director on February 19, 2003 (Case File#: PLA 02-05).The
property line adjustment plat has not been recorded with Marion County yet. A
condition of approval requires consolidation of the lots prior to the issuance of building
permits for this proposal.
The proposed development is a 36 unit affordable senior housing complex. It will be
owned and maintained by the Marion County Housing Authority as affordable senior
housing for a minimum of 40 years. The project will be funded through the State of
Oregon's Department of Housing and Community Services.
2
214