Agenda - 12/12/2005
CITY Of WOODBURN
CITY COUNCIL AGENDA
DECEMBER 12, 2005 - 7:00 P.M.
KATHRYN FIGLEY, MAYOR
W ALTER NICHOLS, COUNCILOR WARD 1
RICHARD BJELLAND, COUNCILOR WARD II
PETER MCCALLUM, COUNCILOR WARD III
JAMES COX. COUNCILOR WARD IV
FRANK LONERGAN. COUNCILOR WARD V
EUDA SIFUENTEZ. COUNCILOR WARD VI
CITY HALL COUNCIL CHAMBERS- 270 MONTGOMERY STREET
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. Holiday Closures:
Christmas: City Hall and the Library will close at noon on
December 23, 2005 and will reopen for regular business hours
on December 27,2005. The Aquatic Center will be closed on
December 24 and 25, 2005.
New Years: City Hall will be closed on January 2, 2006; the
Library and will be closed on January 1 and 2, 2006; and the
Aquatic Center will be closed on January 1, 2006.
B. Mrs. Claus will be at the Library on December 17th at 2:00 p.m.
with magic, rabbits, surprises and festive fund.
C. The Historical Berry Museum will be holding a holiday open
house on December 16, 2005 from 1 - 3 p.m. Glenda McClain
will be performing Christmas music and refreshments will be
served.
D. A public hearing will be held on January 9,2006 to consider an
appeal of the Community Development Director's Approval of
Zoning Adjustment 05-02 (120 Smith Drive).
Appointments:
E. Recreation & Park Board Reappointments
1
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al (503) 980-2.485- u
December 12, 2005
Council Agenda
Page i
4. PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
None.
5. COMMITIEE REPORTS
A. Chamber of Commerce
B. Woodburn Downtown Association
C. Woodburn School District
6. COMMUNICATIONS
None.
7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items
for Council consideration not already scheduled on the agenda.
8. 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 November 28, 2005, regular 2
and executive sessions
Recommended Action: Approve the minutes.
B. Woodburn Public Library Board minutes of November 9, 2005 9
Recommended Action: Accept the minutes.
C. Woodburn Planning Commission minutes of October 13, 2005 12
Recommended Action: Accept the minutes.
D. Building Activity for November 2005
Recommended Action: Receive the report.
24
E. Planning Tracking Sheet dated December 1, 2005
Recommended Action: Receive the report.
25
F. Police Department Statistics - November 2005
Recommended Action: Receive the report.
28
December 12, 2005
Council Agenda
Page ii
9. TABLED BUSINESS
A. Union Pacific Pipeline Crossing Agreement
10. PUBLIC HEARINGS
A. Annexation 04-02, Zone Change 04-02, and Design Review 35
04- 18 located at 2045 Molalla Road
Recommended Action: Conduct public hearing, receive
public comment, and direct staff to prepare an ordinance to
substantiate its decision.
11. GENERAL BUSINESS - Members of the public wishing to comment on items of
general business must complete and submit a speaker's card to the City
Recorder prior to commencing this portion of the Council's agenda.
Comment time may be limited by Mayoral prerogative.
A. Acceptance of Bancroft Bond Applications 38
Recommended Action: Accept the Bancroft Bond
applications submitted by property owners within the Boones
Ferry Road local Improvement District, which were filed after
the initial 1 O-day filing period.
B. Audit Report 39
Recommended Action: Accept the report.
C. Acceptance of Public Water Main Easement 42
Recommended Action: Accept the Public Water Main
Easement as described on Attachment "A."
D. Liquor License Change of Ownership 48
Recommended Action: Recommend to the OlCC the
approval of a change of ownership application for Fonzi's Deli.
E. Award of Contract for Employee Compensation Study 51
Recommended Action: Award a contract for an Employee
Compensation Study for general service AFSCME represented
employees to the firm HR Answers and authorize the City
Administrator to execute an agreement for services in an
amount not to exceed $25,000, plus related expenses.
December 12, 2005
Council Agenda
Page iii
F. Pacific Life Plan Closure - December 31, 2005 53
Recommended Action: Authorize City Administrator to
execute an agreement with ING life Insurance and Annuity
Company to (1) provide for the transfer of assets in the City's
Pacific life Retirement Plan to lNG, and (2) to establish ING as
the designated service provider for this retirement plan.
G. Cancellation of the December 26, 2005 meeting 57
Recommended Action: Cancel the December 26, 2005 City
Council meeting.
H. Appointment of Administrator Pro Tem 58
Recommended Action: Appoint Public Works Director Frank
Tiwari as Administrator Pro T em from December 22, 2005
through January 2, 2006.
12. NEW BUSINESS
13. 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.
A. Community Development Director's Approval of Zoning 59
Adjustment 05-02 (120 Smith Drive)
14. CITY ADMINISTRATOR'S REPORT
15. MAYOR AND COUNCIL REPORTS
16. ADJOURNMENT
December 12, 2005
Council Agenda
Pageiv
"~"'."'.'. .... . ~
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WOQ.DBURN
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.
.
December 7, 2005
FROM:
Kathy Figley,
TO:
City Council
SUBJECT:
The following reappointments are made, subject to the approval of the Council.
Please forward any adverse comments to me prior to the Council meeting on
Monday, December 9,2005. No reply is required if you approve of my decision.
Position VI - Bruce Thomas - reappointment, new term ends 12/31/08
Position VII - Herb Mittmann - reappointment. new term ends 12/31/08
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COUNCIL MEETING MINUTES
NOVEMBER 28, 2005
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, NOVEMBER 28,2005.
CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding.
0015 ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Figley
Bjelland
Cox
Lonergan
McCallum
Nichols
Sifuentez
Present
Present
Present
Present
Present
Present
Present
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director
Tiwari, Police Captain Blevins, Interim Community Development Director Zwerdling,
City Recorder Tennant
0050 ANNOUNCEMENTS.
A) Holiday Tree Lighting and Coloring Contest will be held on Sunday, December 4,
2005, in the Downtown Plaza. Food items will be sold by local vendors between 12:00
noon and 8:00 p.m. and, beginning at 5:00 p.m., there will be a candlelight procession
from Settlemier House to the Downtown Plaza followed by a tree lighting ceremony at
the Plaza. Entertainment will include three different cultural dance and singing groups
and a posada for children.
B) Mayor's Holiday Concert featuring local musicians will be held at Woodburn High
School with performances on December 6 and 8, 2005 at 7:00 p.m..
0160 CONSENT AGENDA.
A) approve City Council regular and executive session minutes of November 14, 2005;
B) accept the Park and Recreation Board draft minutes of November 8, 2005;
C) receive the staff memo on the Planned Demolition of the Water Well building located
at the intersection of Hayes and Settlemier; and
D) receive the staff memo on urgent repairs to the Sanitary Sewer Manhole located on
Highway 214 at Boones Ferry Road.
MCCALLUMlNICHOLS... adopt the consent agenda as presented. The motion passed
unanimously.
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COUNCIL MEETING MINUTES
NOVEMBER 28, 2005
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0213 TABLED BUSINESS: UNION PACIFIC PIPELINE CROSSING AGREEMENT.
BJELLANDILONERGAN... remove from the table. The motion passed unanimously.
Councilor Cox stated that the materials in the agenda did not provide any additional
information on the status of the title or legal research by the City Attorney.
Mayor Figley stated that two deeds relating to the railroad property were obtained by
staff and she has reviewed the documents, however, they were not included in the agenda
packet since City Attorney Shields just recently returned from vacation and he had not
had an opportunity to review the documents until after the agenda was prepared. She
stated that the deeds are a fee conveyance and the land was purchased from Mr. & Mrs.
Jesse Settlemier and Mr. & Mrs. Ben Brown.
Councilor Cox stated that the railroad would not get the benefit of any federal railroad act
since the land was not set aside specifically for railroad purposes.
Attorney Shields agreed that the deed was a fee title from a private party. He stated that
he had spoken with two lawyers today, one of which specializes in condemnation law and
the other was a former attorney for the Railroad. Information he received provided him
with some general parameters that indicate that it is legally possible to condemn but, as a
practical matter, it would be difficult and expensive to take this issue to court.
NICHOLSILONERGAN... authorize City Administrator to execute a Pipeline Crossing
Agreement with Union Pacific Railroad as presented.
Councilor McCallum noted for the record that PGE and Northwest Natural Gas also enter
into license agreements with the railroad. Additionally, it is the present policy ofODOT
to also enter into license agreements. He expressed his appreciation to Councilor Cox for
raising the issue since it was an educational experience for him. However, he concurred
with the staff recommendation to move forward with the agreement.
Councilor Cox stated that he strongly opposed the license agreement and the continued
usability of the pipeline is dependent upon the pleasure of the Railroad. As a custodian of
public funds, he felt that the Railroad should not dictate as to what type of document will
be agreed to by the City. He did not agree with the concept that the City should back
down just because the Railroad is willing to go through the legal process on their license
agreement. He also questioned why the City could not use the existing pipeline for
drainage rather than installing another pipe within close proximity of the existing line.
He reiterated that he felt that the City should condemn the right-of-way rather than enter
into a license agreement, and work should be delayed until such time as these issues are
resolved..
Public Works Director Tiwari provided some background history on the expansion of
infrastructure lines under the railroad as City growth occurs. Funds for these
improvements are, for the most part, generated from system development charges which
is to be used for increased capacity. In this case, the new line will increase the storm
drain capacity for water flowing from the west to the east reducing the potential for
flooding on the west side of the railroad. It was noted that there are detention pond
systems in certain areas to store the water during high peak periods so that it can slowly
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move out through the storm drain lines. This particular ditch is the only way that the
water will flow since it is a gravity system.
Councilor Cox stated that, even though it is an essential project, the Council should not
base the project on a privilege that the City has only as long as the Railroad wants it to be
there. He did not feel that it was a good policy for the City and, since the City is bisected
by the railroad, he did not feel the City should be in a position to accept whatever the
Railroad is willing to give the City. He urged the Council to pursue a condemnation case
and then let the Court decide.
Councilor Bjelland stated that he was interested in knowing what legal costs might be
incurred if the City pursues a condemnation case.
Attorney Shields stated that it will be difficult to provide a reasonable range of costs. He
reminded the Council that his research to date has resulted in cities accepting the
Railroad's terms.
Councilor Bjelland stated that he would like to know what the range of costs might be
from a very straight forward legal process in letting the Judge decide as opposed to
appealing the Judge's decision. If the Railroad would lose the case, then the City would
most likely go through an appeal since the Railroad would probably not want to change
their existing policy and they have the funds to move forward with an appeal.
Councilor Nichols withdrew his motion and Councilor Lonergan agreed to withdraw his
second to the motion.
1322 NICHOLSI ... place issue back onto the table and instruct staff to provide a cost
estimate in case the Council decides to pursue the condemnation.
Discussion was held regarding the types of expenses that would be incurred in the event a
legal case is pursued in addition to the time spent by the City Attorney to prepare for the
case and appear in court.
Councilor Cox stated that more recent information on the title of the property will
probably give the City the right to condemn as long as it does not interfere with railroad
operations. He felt that it would be beneficial to know the cost for pursuing the
condemnation compared to the cost succumbing to the Railroad's policy.
Attorney Shields stated that he would be arguing the points brought out in his memo and
the City mayor may not prevail. Since it appears that the title is in fee and not a grant
from the government, then it is possible to condemn the right-of-way.
1785 In regards to the policy issue, Mayor Figley stated that it would be best to have something
perpetual or for a finite period of time but the Railroad has not been easy to work with
and they are not willing to make changes in how they operate. There is no guarantee
regarding the success of a condemnation case. She felt that the Railroad has as much of a
vested interest in maintaining the flow of the water so that it does not impair their railroad
operation.
Councilor Cox stated that the Railroad should be willing to let the City construct the
improvement if it is going to benefit their property without the license agreement and
payment of $2,400 by the City.
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NOVEMBER 28, 2005
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2004 Council Lonergan seconded the motion made by Councilor Nichols (see tape reading
1322).
Councilor Bjelland requested that stafflook at the step by step process of what would be
involved if the Council decided to pursue a condemnation process and the timing
involved in relation to when the project needs to be done.
Councilor Cox stated that the process involves 1) passage of a Resolution that declares
the easement necessary for public purposes and authorize condemnation proceedings, 2)
notifying the Railroad and making an offer based on an appraisal, and 3) if the offer is
rejected, then start the condemnation lawsuit. He also provided some additional
information on procedures followed during a condemnation proceeding through the court
process.
City Attorney Shields mentioned that if there is a jury award, then there is a potential risk
that the City might have to pay the other parties attorney fees and costs if the Railroad
were to receive more than what the City offered.
240 I On roll call vote, the motion to table passed 4-2 with Councilors McCallum and Cox
voting nay.
2475 COUNCIL BILL NO. 2601- RESOLUTION DECLARING CERTAIN CITY
PROPERTY LOCATED AT 491 N. THIRD STREET (FORMER WOODBURN
COMMUNITY CENTER) TO BE SURPLUS PROPERTY AND AUTHORIZING
THE SALE OF PROPERTY TO MIKKO AABY.
Councilor Sifuentez introduced Council Bill 2601. 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 2601 duly passed.
Councilor Cox stated that he voted in favor of this bill even though it is contrary to his
original vote at the last meeting since it accurately sets forth the decision of the majority
of the Council.
2575 LIOUOR LICENSE APPLICATION FOR A NEW OUTLET: MAE THAI. 2515
Newber& Hiehway.
Staff recommended that the Council recommend to OLCC that the application be denied
since the applicant had applied for a full on-premise sales license, however, the applicant
had told the City's investigator that he only wanted a limited license and he would make
the change on the license application with OLCC. Captain Blevins stated that the
applicant has not made the change with OLCC as of this date and the denial is being
recommended since the City has a limited time period in which to act on the initial
license application. He also stated that the applicant had been informed by staff that a
corrected application would be considered at a future date. Discussion was also held
regarding the need for a separate lounge area when a business establishment has a full
on-premise sales license.
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COXlSIFUENTEZ... follow the staff recommendation to recommend denial to OLCC
because of the problems with the application. The motion passed unanimously.
2745 ACCEPTANCE OF PUBLIC WATER MAIN EASEMENT.
Staff recommended the acceptance of a water main easement from Falcon Corporation,
Inc., which had been conveyed to the City as part of land use condition of approval
relating to the construction ofa building at 2215 National Way.
NICHOLS/MCCALLUM... accept the attached Public Water Main easement as
described in Attachment "A" of the staff memo.
The motion passed unanimously.
2793 CITY ADMINISTRATOR EMPLOYMENT AGREEMENT.
NICHOLS/MCCALLUM... approve and authorize the Mayor to execute the Addendum
to the Employment Agreement with John C. Brown. The motion passed unanimously.
2839 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS.
A) Community D~velopment Director's approval of Design Review 05-07 (790 Lawson
Avenue): Allows for a 642 square foot office tenant space to be converted to a coffee
shop.
B) Planning Commission's approval of Conditional Use 05-02 and Property Line
Adjustment 05-09 (200 North Pacific Highway): Allows for construction of a wrought
iron fence surrounding an existing auto dealership (Pacific Auto Sales).
No action was taken by the Council to bring these land use actions up for review.
2945 MAYOR AND COUNCIL REPORTS.
Councilor Nichols invited the public to join in the Christmas festival activities. He also
congratulated the citizens of Woodburn for their calmness and respectfulness to other
shoppers on one of the busiest shopping days which was the day after Thanksgiving.
Councilor McCallum congratulated Woodburn Company Stores for their magnificient
tree.
Mayor Figley stated that she hoped to see as many citizens as possible at the Holiday Tree
Lighting event on December 4th. She also thanked Councilor Nichols for his work in
organizing the Mayor's Holiday Concert.
3075 EXECUTIVE SESSION.
Mayor Figley entertained a motion to adjourn into executive session under the authority
ofORS 192.660(1)(t) and 192.660(1)(h). She stated that this session was noticed
separately since it was determined that there was a need for the session after the agenda
had already been distributed.
NICHOLS/MCCALLUM... adjourn to executive session under the statutory authority
cited by the Mayor. The motion passed unanimously.
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The meeting adjourned to executive session at 7:50 p.m. and reconvened at 8:15 p.m..
3100 Mayor Figley stated that no action was taken by the Council while in executive session.
ADJOURNMENT.
NICHOLS/MCCALLUM... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:16 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 6 - Council Meeting Minutes, November 28, 2005
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Executive Session
COUNCIL MEETING MINUTES
November 28, 2005
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, NOVEMBER 28, 2005.
CONVENED. The Council met in executive session at 7:53 p.m. with Mayor Figley presiding.
ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Figley
Bjelland
Cox
Lonergan
McCallum
Nichols
Sifuentez
Present
Present
Present
Present
Present
Present
Present
Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Tennant
Mayor Figley reminded the Councilors and staff that information discussed in executive session is
not to be discussed with the public.
The executive session was called under the following 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); and
2) To consider records that are exempt by law from public inspection pursuant to ORS
192.660(1)(t).
ADJOURNMENT.
The executive session adjourned at 8: 13 p.m..
APPROVED
KATHRYN FIGLEY , MAYOR
ATTEST
Mary Tennant, Recorder
City of W oodbum, Oregon
Page I - Executive Session, Council Meeting Minutes, November 28, 2005
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position. He comes from Los Angeles County, Ca, where he worked
as a Children's and Reference Librarian. He has an enthusiastic,
vibrant outlook, and will be a good addition to the Reference
Department. Alice Pakhtigian was recently hired as an on-call
Reference Librarian. The Library's on-call staff has dwindled with
Judy Brunkel's recent resignation, and Alice is a very welcome
addition. Daniel Peterson, Woodburn Library Assistant Director,
resigned from his position, effective October 22. Linda Sprauer,
Library Director, is working with John Brown, City Administrator, to
get the Assistant Director's position advertised and filled.
Meanwhile, Library staff is filling in the staffing gaps at the Reference
and Circulation desks.
Volunteers of the Month: Ida Braden was the Volunteer of the Month
for October. She processes holds every Friday morning, and
remains cheerful despite the increasing amount of recent holds. In
addition, she has been working with a non-English speaking
volunteer on a regular basis, and has been teaching her various
library skills. Delores Sheinis is the Volunteer of the Month for
November. She has volunteered at the Library for 5 Y2 years, and
specialized in shelving books, until she was diagnosed with cancer.
Once the cancer was in remission, she returned, and, finding that
bending and stretching were now out of the question, became a
shelf-reader. This very important volunteer job ensures that Library
materials can be found when required, and her diligence and
reliability have been appreciated. Recently, she notified the Library
that she needs to cut back on her various volunteer activities, and so
will no longer be able to continue working at the Library. Her
willingness to help and her careful, thorough work have led to her
being named November's Volunteer of the Month.
CCRLS Update: CCRLS remains in task force mode on the question
of how Keizer can be made a member of the CCRLS Library system
without becoming a drain on any other library. John Brown is on the
CCRLS Advisory Board as the City Manager representative. Keizer
has a ballot measure planned for May.
Friends of the Librarv: Neal Hawes reported that the latest Book
Sale was held October 21 and 22. The Friends garnered
approximately $720.00 from the sale. Member of the Friends have
been going through books in the Carnegie Room, updating the stock,
and putting older books on the Library's free table. The next meeting
of the Friends of the Library is on Monday, December 5th, at 2:30 pm
in the Carnegie Room. Refreshments are traditionally served.
OLD BUSINESS:
Ardis Knauf, Library Board member, inquired as to what ALA is
planning to help libraries damaged by Hurricane Katrina. Linda told
the Board that various Oregon libraries have been matching up with
libraries devastated by the storm, but that nothing is being sent until
the ravaged libraries are ready for materials. It was suggested by
the Board that the Friends of the Woodburn Library could collect
LIBRARY BOARD MINUTES, NOVEMBER 9, 2005
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books to send to some of those libraries when they are ready. It was
also noted that monetary donations are always welcome.
One Library Board position is still open, and is being temporarily
filled by Ardis Knauf. Two Library Board positions will be expiring in
December 2005. Kay Kuka and Patricia Will have indicated that they
will not be reapplying when their term's expire. Library Board
positions are appointed by Woodburn Mayor, Kathy Figley. Anyone
interested in joining the Woodburn Library Board needs to send a
letter of interest to her and fill out an application.
NEW BUSINESS:
The question was raised as to whether the Library Board might want
to skip their regular monthly meeting on December 8th. The Board
voted to meet as usual.
BUSINESS TO/FROM THE None.
CITY COUNCIL AND/OR
MAYOR:
ADJOURNMENT:
The meeting was adjourned at 7:23 pm.
Respectfully submitted,
Vicki Musser
LIBRARY BOARD MINUTES, NOVEMBER 9, 2005
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8C
WOODBURN PLANNING COMMISSION MEETING MINUTES
October 13, 2005
CONVENED The Planning Commission met In a regular session at 7:00 p.m. In City Hall Council
Chambers with Chairperson Lima presiding.
Announcement: Interim Community Development Director Zwerdllng regarding new Planning Department
Secretary, Marta Carrillo.
Chairoerson lima questioned members of the Planning Commission having potential conflicts such as
family, financial, or business relationship with any of the applicants or with regard to the land in question.
If such a potential conflict exists, he asked whether the commission in question believes he or she is
without actual bias or whether he or she would like to step down from the Planning Commission during
the case.
ChalrDerson lima announced: agenda is available at the back of the room. We will consider cases one at
a time according in the order listed in the agenda. We will follow the hearing procedure outlined on the
public procedures board. All persons wishing to speak are requested to come to the podium and give
your name and address. Any individuals speaking from other than the podium will not be recognized.
ROLLCALL
Chairperson
Vice Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Lima
Bandelow
Grosjacques
Vancil
Grlgorleff
Hutchison
Jennings
P
P
P
P
P
P
P
Staff Present: Naomi Zwerdllng . Interim Community Development Director, Jason Rlchllng -
Associate Planner, Marta Carrillo - Secretary
MINUTES
A. Woodburn Plannlna Commission Meetina Minutes of SeDtember 22. 2005
Commissioner Jenninas moved to accept the minutes as written. Commissioner Grosiacaues
seconded the motion, which unanimously carried.
BUSINESS FROM THE AUDIENCE
None.
COMMUNICATIONS
None.
PUBLIC ~EARING
A. Desian Review 05-06 and Phasina Plan 05-01. Drooosal for the ohased develooment of a 5.029
sa. ft. financial institution and 8.000 sa. ft. office buildina located at 1840 NewberG Hwv.. Ronald
James Pad. Architect. ADolicant.
Chairoerson Lima asked of the commissioners, if there is any ex parte contact, any conflicts.
Planning Commission Meeting October 13, 2005
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Vice Chairoerson Bandelow said she has a business relationship with the owner of the property,
Byron Hendricks. developing the project and recused herself from the decision.
Commissioner Hutchison said he lives at 755 Maplewood Ct., which shares a property line with
the project. He asked of the commission, if there is a conflict due to the property line sharing and
reaching of a decision.
Commissioner Jenninas said if there is a property line benefit as a directive, there would be a
conflict of interest. Gearing on the safe side, if anyone benefited of the property line development,
that member would recuse himself/herself.
Commissioner Hutchison decided to recuse himself from discussion and decision because of the
conflict of interest.
B. STAFF REPORT
Interim Community Development Director Zwerdling read the applicable ORS statement.
Commissioner Jenninas suggested that prior to proceeding with the report. the recused commissioners
(Bendelow and Hutchison) move to the audience to testify under proponents and/or opponents and if they
ask questions that would need to be done from the podium and not as a planning commissioner.
Chairoerson Lima commented to both recused commissioners to step-down for comments at this time.
Commissioner Hutchison decided to step down and be a part of the audience.
C. Staff Reoort Desian Review 05-06 Phasina Plan 05-01
Associate Planner Richling made an overview of the applicants proposed development as
follows:
1. NATURE OF APPLICATION: The applicant is requesting design review approval for the
phased development of a spare 5,029 sq. ft. financial institution and 8,000 sq. ft.
commercial office (CO) building adjacent to and located at 1840 Newberg Hwy. in a
commercial office (CO) zone.
2. RELEVANT FACTS: Subject site shown on an overhead is comprised of three separate
properties - tax lots #3500, #3600, and #3700 - is on the south side of Hwy 214 in what is
known as the S-curve; immediately abuts a Medium Density Residential (RM) site to the
West, a Public/Semi-Public (P/SP) zoned site to the East, Single-Family Residential (RS)
development to the South and across to the North a Single-Family Residential
development in the Senior Estates. It is comprehensive planned as Commercial as is the
property immediately to the West; property to the South is comprehensive plan
designated Residential fewer than 12 units per acre and property to the East is
comprehensive planned public use. The Woodburn Fire District Office is located to the
East, Colonial Gardens Retirement Center is located to the West, Maplewood Estates
subdivision is to the South, Senior Estates is located to the North. Woodburn United
Methodist Church is located to the Southwest of the subject site.
The site is approximately 1.46 acres in area. Tax lot #3500, which is in the Northwest
corner is currently developed with a Single Family home the other two tax lots are
currently vacant. Some vegetation is on the SUbject site.
Commissioner JenninQs asked who owns the three property lots.
Planner Richlina responded the tax lots are owned by Byron Hendricks.
Planning Commission Meeting October 13, 2005
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3. ANAL ,(SIS: Site Plan view transparency description as follows:
Phases would be according to the phasing lines. The proposal Is for two phases.
a. Phase I of the property proposed via property line adjustment Is located to the
South, where the 8,000 sq. ft. structure is to be located. Phase \I would be the
5,029 sq. ft. financial institution and is on the parcel immediately to the North.
The estimated time between the two phases Is approximately one year, which is
consistent with what the Woodburn Development Ordinance (WOO) would
require to submit building permits based on this approval. It would meet the
condition either way as it has already met our current standard. Because it will
be a commercial flag lot, it is going to be accessed via a 30 ft. wide commercial
flag lot access easement. There is an existing curb cut approximately 24 ft. wide,
which will be widened to 34 ft. at the North end.
At the Northwest comer where the Single-Family home is located, there is an
existing access, which comes off and cuts into the ODOT (Oregon Department of
Transportation) right of way. It provides access to Colonial Gardens and to the
subject site. That access is proposed to be closed.
Note: Hwy 214 is under the jurisdiction of ODOT. They were sent a notice of the project
and commented the planned improvements for the interchange could reach as far East
as the site property and they may acquire right-of-way. ODOT also has the ability to add
conditions to the approach permit, which is required for this access. Allowance was made
for the right-of-way, so it is provided for when that date arrives.
Buildina Setback and Buffer ImDrovement Standards: Staff report states that the
entire development is located outside the required setback with the exception of
the two (2) allowances for parking and maneuvering in a setback abutting a
buffer wall. Because it is a commercial development and it abuts a residential
property on the South and on the West, the requirement is for a 6-7 ft. tall textural
buffer wall along the Western property line and the South property line. The
applicant proposes to construct this type of wall in both places.
Interior Side and Rear Yard Setbacks: Off Street Parkina and Maneuverina: The
off-street parking maneuvering and storage can be located in a setback abutting
a buffer wall. The applicant has done that in a few locations in the Southwest
comer.
Thus far, there is only one tenant set aside for the building. There are four tenant
spaces for the southern building; the 8000 sq. ft. structure proposed in Phase I.
There are numerous office-space professional type of uses that are allowed in
the WDO, which will be addressed on a case by case via the business license
process as they come in. The entire site parking lot was designated for the type
of office space use, that it would be coming in. There is no perspective tenant to
the north of the financial institution at this time, however it is designated for an
office use.
Note: the proposed property line is going to be relocated via the property line
adjustment. It is an application that is currently in and is being processed, but not a part
of this proposal.
Planning Commission Meeting October 13, 2005
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4. Street Standards:
Landscaoina and Sidewalks: They are proposing a shared East! West driveway access
easement between the two properties to facilitate circulation. Site plans show the
directional markings. There is a one-way drive that leads to the West and then to the
South and eventually will service the bank drive-thru. There is also a one-way drive that
immediately goes South. The parcel is completely dependent on the other for circulation.
5. General Provisions: The interim between the phases
Sidewalks: The applicant has provided amenities to meet sections of the code that
require they be met during the approximate maximum perhaps one year for the in
between development of Phase I and development of Phase II. Several of the items are
provided for in the long run, but need to be provided in the short run as well.
a. Pedestrian connection to Hwy 214 has an existing 5' curb line sidewalk and the
code requires they provide pedestrian connection to that. Temporarily it is being
provided. It abuts the West side of the access easement that will eventually
connect to the 8,000 sq. ft. structure.
b. Per fire district regulations, they are providing a turn around, which exceeds what
the Planning Department would require. There is a hammer and turn-around for
vehicles in the meantime.
c. The code requires that a 6" concrete curb be constructed between circulation
areas and landscape areas. They are providing a temporary curb where
driveways are temporary stubbed and future driveways will connect.
d. In the overall plan, there will not be parking that abuts the frontage of the
commercial site, the Hwy 214 right-of-way. The code would require a 42" vertical
screen as in other projects. Because of the short-term there will be parking
provided between the frontage of the structure and Hwy 214. The applicant is
proposing to construct a 42" vertical berm temporarily. Like other temporary
amenities, they will be removed at the time that the building permit is approved in
Phase II of the proposed project.
6. Buffer Wall - Sample of Material with Same Textural Pattern; Different Color
There is a textural pattern wall at the Fire District. The applicant is proposing to match the
textural pattern, but provide a different color rather than plain gray CMU. They are
proposing a darker color and the code does not necessarily state that they must use a
specified color. They must provide two textures or two colors. Alternates would be the
smooth face and split face. The smooth face is shown of the darker block on the diagram.
Chairoerson Lima asked the description of CMU.
Planner Richlina responded: Concrete Masonry Unit.
7. ELEVATIONS:
a. Elevation Diagram Proposed of the 8,000 sq. ft. structure Phase I - Southern-
end
1. Materials are proposed by the applicant with an exact prospective
drawing (photograph quality) of the type of building. Scanned
photographs of a building that has the same type of materials. There is
Planning Commission Meeting October 13, 2005
Page 4 of 12
15
concrete masonry unit wainscot, at the bottom of the structure. The walls
have and a terrazzo finish, which is not smooth-faced, and the
aggregate and gives micro-relief to the block. Above is alternating red
brick veneer Hardie lap siding. The tower features copper color metal
roofing. The applicant is proposing to provide a cornice treatment along
the upper parts of the roofing areas of the walls. There is ample glazing
facing the streets and an attractive clerestory in the tower features.
There are four tower features on the South building and two in the
proposed North building and faux tower cap over the proposed bank
drive-thru as well.
2. The North building is comprised of the same materials. Perspective
drawings give an idea of how articulations would appear with the view
from the North.
3. Aerial Photo (slide) - Graphic display of the property line adjustment
proposed in conjunction with the first part of the development.
4. In Phase II there is a property line on the parcel that needs to be
removed and relocated where it conflicts with the proposed 5,029 sq. ft.
financial institution on the North side. The adjustment Is going to be
conditioned with Phase II of the development. The single-family dwelling
in that location, prior to final occupancy of Phase I, is to provide to ample
time for that preparation of final occupancy. The applicant will be
required to construct the entirety of the buffer wall with Phase I of the
development otherwise, a situation would be created of approving a
commercial development abutting a residential development without
providing that wall.
Chairoerson Lima questioned the area controlled by ODOT.
Commissioner Jenninas informed that ODOT had lot designed its property. When the state broke
ground, they marked along the old property line.
Commissioner Jenninas questioned the dual entrance where one is on the ODOT right-of-way.
Planner Richlina answered ODOT has jurisdiction of the right-of-way. Following along the property lines,
OD01's right-of-way cuts down at a right angle. Looks like a shared easement really is ODOT's right-of-
way and a prior drive-way arrangement.
b. That access is not going to be utilized instead the existing one will be used.
ODOT has approved the location, however, the applicant will be required to work
with OOOT for the approach permit.
At this time any improvements would be up to ODOT in the right-of-way.
8. CONCLUSION
The applicant's current design review request met all the applicable standards of the
Woodburn Development Ordinance and based on the information in this report, the
information provided by the applicant and the applicable review criteria findings required
to approve Design Review 05-06 and Phasing Plan 05-01 can be made.
At the conclusion of the presentation the forum is open for questions.
Planning Commission Meeting October 13, 2005
Page 5 of 12
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ITEMS FOR ACTION
A:. ChalrDerson Lima - Invitation to commissioners of questions regarding Design Review 05-
06 and Phasing Plan 05-01
1. Commissioner Vancil - Would there be a homeowner on Maplewood who would share
the fire district's wall and the new development wall on their yard?
a. The wall that exists on the fire district side will change to the proposed wall with
the development. There would not be a variation of color of the wall.
B. Chairoerson Lima -Invitation to Applicant
1. Ronald James Ped - Applicant. Business location: 537 High Street SE, Salem, OR
97301 . Presentation of the proposal was done well and agreed with the staff report.
Opened forum for questions about the proposal.
~ ChairDerson Lima - Invitation to commissioners of questions to the Applicant
1. Chairoerson Lima - When is the commencement of construction, if approved?
a. Applicant - Commence should have been July, 2005. Right away.
2. Chairoerson Vancil- Which bank will be used?
a. Unknown at this time.
D. Chalroerson Lima - Invitation to forum of Proponents of the Proposal
1. Mr. Brad Hutchison, who lives at 755 Maplewood Ct., commented in being in favor of the
proposal. The following was a concern for the commission to keep in mind, if deciding on
the proposal this evening:
a. Look at the turn around on the left side where the parking structure is coming to
the office facility, which abuts the wall. The structure does not abut his property
line. A main concern is debris. The need is for 37 parking spots to facilitate the
requirement and the facility includes 50, which is more than the required. There
is a turn-around that abuts the wall. The houses sit about 20' off the wall. The
concern is the vehicle noise and the debris. With people having access to the
edge of the wall, there may be debris over that wall. There should be equal
design consideration of the residences abutting the parking structure, as there
would be for the surrounding structures near the facility, including designing a
turn-around that would benefit the community behind the wall and re-design or
alter the physical barrier back from that wall. There is an understanding of
planting of tree-like plants to minimize the noise.
b. Final comment: looks like a really nice structure and the materials look great.
Looks like a great project and would benefit Woodburn like many other projects
that have been seen lately. Well laid out plan.
2. Chairoerson Jenninas - asked of the applicant. Where the turn-around is located really is
to allow a vehicle to pull back out instead of turn around, two bottom parking spots near
the wall? It is not a traffic circle?
a. Applicant agreed that the parking spots are for allowing a vehicle to pull out
instead of turning-around.
Planning Commission Meeting October 13, 2005
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3. Chairoerson lima asked of the planning department. Is there flexibility to make
modifications or suggestions of modifications?
a. Interim Communitv OeveloDment Director Zwerdllna responded that the applicant
Is meeting the code and the code does allow for maneuvering and parking
spaces to directly abut the wall. When the applicant rebuts, the applicant can
state, if they are willing to lose a couple of spaces or not. There is nothing in the
code that requires the applicant to remove those items.
4. Chairoerson Lima requested any further comments or other proponents.
E. Chalroerson Lima -Invitation to forum of Opponent. of the Proposal
None
~ Chalroerson Lima - Invitation to the Applicant to Rebut on the que.tlon pre.ented.
1. Applicant commented about issues arising, during the hearing. The applicant stated, real
estate is an expensive market and there is concern about dollars. They looked at the
area and space between the property line and actual parking. Hesitates to give up on
parking. It is a real estate office and people tend to drive a vehicle. It is not a mass transit
area and it is essential. Looked at putting in employee parking around the back of the
building, so that there is plenty of parking available for visitors to the building. In Mr.
Hendricks' other facilities, refuse accumulation of debris is not an issue. He maintains his
projects and properties very well. Would be able to work things out without a concern.
G. Chalroerson Lima - Closed the Hearing and Opened for Discussion of the Commissioners
1. Commissioner Jenninas - Vehicle turn-around would be a concern if being misused. With
the wall going up behind is no problem to the property to the South. Knowing the type of
development, don't foresee any refuse buildup.
Glad to see a proposal submitted with no request for a variance. There is compliance
with WOO requirements. It will be an attractive addition to the entrance of the city. No
problems with it.
2. Commissioner Grosiacaues - Applicant has done a fantastic job supplying information
the way it is presented. The back wall will have trees along it and it will block the wind
movement with any refuse. No concerns and it is a great project.
3. Chairoerson Lima - Acknowledge the concerns and they are valid. If the concern
happens there would be some code enforcements that can be called upon.
H. MOTION TO DECIDE
There was a move to decide on Design Review 05-06 and Phasing Plan 05-01 by Commissioner
Jenninas and asked to come back with a final order; motion seconded by ChairDerson lima. No
further discussions.
1.
Roll Call:
Motion to Decide on approval of Design Review 05-06 and Phasing Plan
05-01 by Planning Secretary Carrillo
Planning Commission Meeting October 13, 2005
Page 7 of 12
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ROLL CALL:
Chairperson Lima:
Vice Chairperson Bandelow:
Commissioner Grosjacques:
Commissioner Vancil:
Commissioner Grigorleff:
Commissioner Hutchison:
Commissioner Jennings:
Yes
Recused
Yes
Yes
Yes
Recused
Yes
Chairoerson Lima - stated the approval on the Motion to Decide for approval of Design Review 05-06 and
Phasing Plan 05-01.
Chairoerson Lima - Thanked the applicant for their presentation and requested Commissioner Hutchison
to return to the Commissioner Board for further items for discussion.
Interim Communitv DeveloDment Director Zwerdlina - advised the commissioners about the final order
that was prepared in case the motion to decide was approved and passed without modifications.
h MOTION TO APPROVE FINAL ORDER
1. Motion was made to accept the final order of Design Review 05-06 and Phasing Plan 05-
01 by Chairoerson Lima; second by Commissioner Jenninas. Unanimously passed and
approved.
2. Commissioner Bandelow made a comment to Commissioner Hutchison in regards to
viewing other Byron Hendricks projects. There is assurance that there would not be any
issues with debris and the parking lots are maintained beautifully.
3. Commissioner Hutchison agreed with the proposal and project.
J. FINAL ORDERS
1. ChairDerson Lima motioned for items for action of final order for Subdivision 04-02 .
Proposal to subdivide lots #3 and #4 of the Town Center at Woodburn subdivision into 64
single-family dwelling lots and a common lot for Montebello IV Subdivision; Capitol
Development Company - Applicant.
a. Commissioner Vancil made a motion to approve; the motion was seconded by
Commissioner Grosiaaues. Unanimously approved.
2. ChairDerson Lima motioned for items for action of final order for Annex 04-02, Zone
change 04-02 and Design Reviews 04-18
a. Commissioner Jenninas commented on the West lot boundary as it presently
stands and taking a look at the design of the lot. Motion to approve final order by
Commissioner Grosiacaues; motion seconded by Commissioner Vancil.
Unanimously approved and passed.
DICUSSION ITEMS
Chairoerson Lima requested Discussion Items of the Planning Commission Staff
A. Interim Community Develooment Director Zwerdlina commented there is not a follow-up Planning
Commission Meeting for October 27, 2005. Cancellation of meeting at this time can be made.
Planning Commission Meeting October 13, 2005
Page 8 of 12
19
1. Motion to cancel Planning Commission Meeting for October 27, 2005 was moved by
Commissioner Grosiacaues and seconded by Vice-Chairoerson Bandelow. Unanimously
approved and passed.
B. Commissioner Jenninas commented about the meetings scheduled for November 24, 2005 -
Thanksgiving Day and December 22, 2005 - Christmas Day. Interim Community Development
Director Zwerdling commented on the scheduled meetings being typically cancelled and only
having the meetings on the first part the two months.
1. Motion to cancel Planning Commission Meetings for November 24, 2005 and December
22, 2005; moved by Commissioner Jenninas; seconded by Commissioner Grosiacaues.
Unanimously approved and passed.
REPORTS
A. Commissioner Jenninas commented about the items on the calendar as of 1999. Is it a
necessity?
1. Interim Communitv Develooment Director Zwerdlina stated that its necessity is not
required and is for the department's own use to have a visual of outstanding projects, due
to a parallel process at the current time. Can be removed from the schedule.
B. Chairoerson Lima asked items that would be removed, but would not be closed.
1. Interim Community Development Director Zwerdling stated that although items can be
removed from the schedule the file would not be closed nor discontinued for review.
C. Commissioner Jenninas questioned about the New Car Lot on Woodland Avenue.
1. The project is still on going. It is still active. Project will remain on schedule.
D.
Chairoerson Lima asked of the Commissioners if there were further comments on building
activities, tracking sheets, and upcoming November 10th items.
E.
Commissioner Vancil questioned about projects on Pacific Hwy.
1. Interim Community Development Director Zwerdling mentioned that there are two
applications on the docket for November.
BUSINESS FROM THE COMMISSION
A. Vice-Chairoerson Bandelow asked about the progress of the Silverton Hospital Project located at
the old K-Mart building. At this time it is looking horrible and needs to be addressed.
Commissioner Vancil commented about the approval of the design, included landscaping and
maintenance.
1. Planner RichlinQ informed that when he spoke with the applicant, Bob Engle, that they
are under a deadline to submit a full building permit by early January. Currently there is
interior demolition work to be done that is being coordinated with the building division.
However, maintenance of the landscaping needs to be addressed during the interim,
since they are the property owners. Interim Community Development Director Zwerdling
commented on the follow-up with code enforcement to rectify the situation.
Planning Commission Meeting October 13, 2005
Page 9 of 12
20
B. Commissioner Vancil primarily questioned on the current developments of the Urban Growth
Boundary expansion issue. Final approval projection would be 6-9 months out?
1. Interim Communitv Develooment Director Zwerdlina responded that the City Council
approved the current developments on September 19, 2005. They called for the
ordinance to be prepared with the facts and findings and all the final products, which is
slated for a special City Council Meeting on October 31,2005. Once adopted the project
has to go through Marion County Board of Commissioners; and the State of Oregon,
Department of land Conservation and Development.
The timing depends on the Board and when they will meet and make a decision. DlCD
has time period to review the item and can set forth to lCOC for their approval.
Commissioner Jenninas mentioned that Marion County would hold a pUblic hearing prior
to the final approval.
Vice-Chairoerson Bandelow commented on the appeal process of up to two years.
Second question from Commissioner Vancil was about the North end of Meridian (Glatt Park)
light on Hwy 214. Once it is approved, it will cause issues with traffic, especially, when school lets
out and at 5:00 pm.
1. Interim Communitv Develooment Director Zwerdlina will follow up with Public Works.
2. Commissioner Jenninas commented that the last conversation with ODOT was that once
the section becomes a tri-intersection, there is a possibility of approval, but not without a
warrant. Once it is a 4-way street it will be warranted. ODOT council has not approved
because it will need to be completed for it to become approved. There would be
opportunity on the 3-way because of the development and the traffic count in the area.
Final question from Commissioner Vancil was on the commissioner workshop topics, during the
winter time, that would better prepare the members and learn more about the process. There
have been several items discussed prior and with the exception of Chairoerson lima and Vice-
Chairoerson Bandelow who have prior workshop exposure, most commissioners would like to
have more workshop opportunity. Possibly looking into January for a setup time for a workshop.
If possible in January/February, would like to discuss more in depth the transportation process
and other areas within the Planning Department.
1 . Interim Communitv Develooment Director Zwerdlina suggested that based on prior years,
planning commission workshops have been scheduled and are within the budget. Could
be worked in at a Planning Commission Meeting or on a better-scheduled time to suit all
the members.
2. Vice-Chairoerson Bandelow commented that previous workshops were with other
communities and questions were specific to their situations. If the workshops could be
more geared towards Woodburn's Planning Commission and at the City Chambers on a
non-meeting day, it would benefit the commission. There was a consultant who also
advised on the legalities of the do's and don't's.
3. Interim Communitv Develooment Director Zwerdlina mentioned that previously a
consultant who was versed was facilitated to provide the workshop in planning
commission techniques and described the process and everyone was able to ask
questions about projects that were current.
4. Commissioner Vancil commented that possibly having Greg Winterowd and attorney on
the UGB and Period Review attend a workshop and inform the commissioners about the
Planning Commission Meeting October 13, 2005
Page 10 of 12
21
r
process and decision-making. The intent of the workshop was to have discussions and
working with the city so that there is a less pressured situation.
5. Commissioner Jenninas stated that there are several changes and would like to be
familiarized once again with the public information and new information. The information
affects everyone in the community. After the ordinance is adopted, meetings will be
televised so that it is explained in layman's language.
C. Commissioner Jenninas asked of the Interim Planning Director about the customer service
availability and importance for the Planning Department.
1. Interim Communitv Develooment Director Zwerdlina commented the currently filled
position for secretary will be answering the main phone lines. Also other focus groups
with strategy and need to be worked out. There are three members in the Focus Groups
- Councilor Cox, Commissioner Jennings and Commissioner Vancil.
D. Commissioner Hutchison asked Interim Communitv Develooment Director Zwerdlina if the Carol
Street project Is left to the discretion of Public Works, which side of the street will parking be
located due to a community member's concern. Is there a requirement for Public Works to attend
the Planning Commission meetings to answer some of the unknown decisions? His Input would
be to answer questions about discussions about projects being presented.
1. Interim Communitv Develooment Director Zwerdllna would touch base with Randy Scott
in Public Works in reference to that project for accuracy. Scott is very accessible.
Concerns could be addressed and answers would come directly from them. Also could
ask Randy Roman about the traffic impact issue.
E. Commissioner Jenninas asked Zwerdling about the Assisted Living Center on Boones Ferry Rd.
1 . Interim Communitv Develooment Director Zwerdlina stated that there hasn't been anyone
submitting for a design review application nor communication from owners.
F. Chairoerson Lima questioned about the Community Development Director Position search
progress.
1. Most recent information is two consultants being reviewed. Further questions could be
directed to the City Administrator, since he is spear heading the direction and effort and
would supply the most up to date plan.
G. Commissioner Jenninas asked about the hiring of a full-time assistant to the City Attorney.
Requesting the possible attendance of the assistant or the City Attorney.
1 The full-time assistant City Attorney's position was posted and has closed and in the
process of interviews. Previously the possibility for the attendance of the Assistant City
Attorney was available and can be called upon on certain planning commission meetings.
H. Vice-Chairoerson Bandelow asked about the approvals in the subdivision of Montebello and in
the area and anything arising at the commercial property along the freeway. An inquiry that
Country Meadows may be expanding in that area.
1. Nothing has been submitted from them at this time, but they are getting close on getting
streets and improvements. Once that process happens it will spur development quickly.
A while back they had planned a pre-application conference. but they did not do a follow-
up application.
Planning Commission Meeting October 13, 2005
Page 11 of 12
22
~
1... Commissioner Vancil made a request on updated information such names, addresses, phone
numbers, emails from our current Planning Commission Members.
1. Information will be available in the next packet.
ADJOURNMENT
Vice-Chairoerson Bandelow moved to adjourn the meeting. Commissioner Jenninas seconded the
motion, which carried. Meeting adjourned at 8:40 pm.
~~~
APPROVED
CLAUDIO LIMA, HAIRPERSON
,((,olo~
Date
A TTEST"-
Naomi Zwerdling
Interim Community Development Director
City of Woodburn, Oregon
Planning Commission Meeting October 13. 2005
Page 12 of 12
23
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8D
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street Woodburn, Oregon 97071
(503) 982-5250
Date:
December 1, 2005
To:
John Brown, City Administrator
From:
Building Division
Subject:
Building Activity for November 2005
2003 2004 2005
Dollar Dollar Dollar
No. Amount No. Amount No. Amount
New Residence Value 13 $1,659,904 10 $2,279,961 5 $925,932
Multi Family 0 $0 0 $0 0 $0
Assisted living Facilities 0 $0 0 $0 0 $0
Residential Adds & Alts 0 $0 4 $74,064 0 $0
Industrial 0 $0 0 $0 0 $0
Commercial Value 4 $54,001 4 $30,500 5 $434,232
S!gns, Fences, Driveways 1 $750 6 $17,150 4 $19,101
Manufactured Homes 1 $3,374 1 $65,000 0 / / $0
TOTALS 19 $1,718,029 25 $2,466,675 14 $1,379,266
Fiscal Year (July 1- $16,152,550 $13,861,560 $14,621,693
June 30) to Date
I
1'\Commun.ly Oeve1opmentIBu.ldingl8ulld.ng Actlv.lyIBIdgAc:t-2005'Bldg Acbvlly - Memos\acbv.ly - No_ember 2005.wpd
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December 9, 2005
TO: Mayor and CI1y Council through Ci1y Administrator
FROM: Scott Russell, Chief of Pollceb./
SUBJECT: Police Department Statistics - November 2005
RECOMMENDATION:
Receive the Report
BACKGROUND:
The attached report lists year to date reported offenses and arrests displayed by
month .
DISCUSSION:
The statistics have been gathered from the Police Departments Records
Management System, The Previous year's statistics are also displayed for
comparison purposes.
FINANCIAL IMPACT:
None
Agenda Item Review:
City Attorney _
Finane
28
UAll: 12/09/2005 PL6860
TIME: 8:01.37 MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU NOVEMBER 2005 SCOTTRU
ORI#: OR0240500 WPD RESULTS FOR ALL OFFENSES
CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AUG SEP OCT NOV TOTAL
------------------------------------------------------------------------------------------------------------------------------------
AGGRAVATED ASSAULT 1 3 2 3 3 2 2 2 1 3 2 24
AGGRAVATED MURDER 0 0 0 0 0 0 0 0 0 0 0 0
ANIMAL ORDINANCES 0 2 10 9 11 3 2 3 5 2 2 49
ARSON 1 0 0 1 1 0 0 1 0 0 1 5
ASSAULT SIMPLE 20 10 18 16 14 6 19 21 22 12 19 177
ATTEMPTED MURDER 0 0 0 0 0 0 0 0 0 1 0 1
BOMB THREAT 0 0 0 0 0 0 0 0 0 0 0 0
BRIBERY 0 0 0 0 0 0 0 0 0 0 0 0
BURGLARY - BUSINESS 7 5 4 1 6 13 1 2 3 2 0 44
BURGLARY - OTHER STRUCTURE 2 1 4 2 10 7 6 5 2 2 1 42
BURGLARY - RESIDENCE 14 5 12 11 15 20 19 12 14 10 8 140
CHILD ADBANDOMENT 0 0 0 0 0 0 0 0 0 0 0 0
CHILD NEGLECT 0 0 0 0 1 1 0 1 0 0 0 3
CITY ORDINANCE 2 1 5 2 2 5 4 9 3 2 0 35
CRIME DAMAGE-NO VANDALISM OR ARSON 34 23 24 21 20 18 16 11 13 19 34 233
CURFEW 0 0 0 3 2 1 1 0 0 2 2 11
CUSTODIAL INTERFERENCE 0 0 0 0 0 0 0 1 0 0 1 2
CUSTODY - DETOX 1 5 1 3 2 1 3 2 2 1 2 23
CUSTODY - MATERIAL WITNESS 0 0 0 0 0 0 0 0 0 0 0 0
CUSTODY - MENTAL 0 0 0 1 3 0 1 2 2 2 2 13
CUSTODY - PROTECITVE 0 0 0 0 1 0 0 0 1 0 1 3
DISORDERLY CONDUCT 3 1 2 4 8 2 3 4 4 5 8 44
DOCUMENTATION 0 0 0 0 0 1 1 0 0 0 0 2
DRINKING IN PUBLIC 0 0 0 0 1 1 1 0 1 0 0 4
DRIVING UNDER INFLUENCE 4 9 8 6 13 10 11 8 12 6 8 95
DRUG LAW VIOLATIONS 6 10 7 13 12 18 18 10 16 12 11 133
DRUG PARAPHERNALIA 0 0 0 0 0 0 0 0 0 0 0 0
DWS/REVOKED - FELONY 0 0 0 0 0 0 0 0 0 0 0 0
DWS/REVOKED-MISDEMEANOR 1 2 2 4 9 3 8 5 5 3 2 44
ELUDE 0 2 4 3 1 1 1 1 3 0 3 19
EMBEZZLEMENT 0 0 0 1 1 2 0 1 0 0 0 5
ESCAPE FROM YOUR CUSTODY 0 0 0 0 0 1 0 0 0 1 0 2
EXTORTION/BLACKMAIL 0 0 0 0 0 0 0 0 0 0 0 0
FAIL TO DISPLAY OPERATORS LICENSE 4 1 3 1 4 3 5 3 3 3 7 37
FAMILY-OTHER 0 0 1 0 0 0 0 0 0 0 0 1
FORCIBLE RAPE 0 2 0 0 2 1 0 1 0 1 0 7
FORGERY/COUNTERFEITING 5 6 B 16 3 7 9 16 2 4 7 83
FRAUD - ACCOUNT CLOSED CHECK 0 0 0 0 1 1 0 0 0 0 0 2
FRAUD - BY DECEPTION/FALSE PRETENSES 0 2 2 0 0 0 0 0 0 0 0 4
FRAUD - CREDIT CARD/AUTOMATIC TELLER MACHINE 0 0 0 0 1 3 1 0 2 1 2 10
FRAUD - IMPERSONATION I 2 2 3 2 2 1 5 1 0 2 21
FRAUD - NO ACCOUNT - CHECK 0 0 0 0 0 0 0 0 0 0 0 0
FRAUD - NOT SUFFICIENT FUNDS CHECK 0 0 0 0 0 0 0 0 0 0 0 0
FRAUO - OF SERVICES/FALSE PRETENSES 1 0 3 1 1 4 2 2 1 0 2 17
FRAUD - WELFARE 0 0 0 0 0 0 0 0 0 0 0 0
FRAUD - WIRE 0 0 0 0 0 0 0 0 0 0 1 1
FRAUD-OTHER 0 0 0 0 0 0 0 0 0 0 1 1
FUGITIVE ARREST FOR ANOTHER AGENCY 32 29 28 34 46 45 40 39 39 31 34 397
FURNISHING 1 0 0 0 0 0 0 1 0 1 8 11
GAMBLING - BOOKMAKING 0 0 0 0 0 0 0 0 0 0 0 0
GAMBLING - GAMES 0 0 0 0 0 0 0 0 0 0 0 0
GAMBLING - ILLEGAL DEVISES/MACHINES 0 0 0 0 0 0 0 0 0 0 0 0
29
T
Ul-llt.: iLl U':iUUUtJ PL6860
TIME: 8:01:37 MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU NOVEMBER 2005 SCOTTRU
ORI#: OR0240500 WPD RESULTS FOR ALL OFFENSES
CHARGE DESCRIPTION JAN FEB M<\R APR M<\Y JUN JLY AUG SEP OCT NOV TOTAL
------------------------------------------------------------------------------------------------------------------------------------
GAMBLING - ILLEGAL PAY OFF 0 0 0 0 0 0 0 0 0 0 0 0
GAMBLING - NUMBERS AND LOTTERY 0 0 0 0 0 0 0 0 0 0 0 0
GAMBLING - OTHER 0 0 0 0 0 0 0 0 0 0 0 0
GARBAGE LI TTER I NG 0 1 1 1 1 1 1 3 1 2 0 12
HIT AND RUN FELONY 1 0 2 0 1 0 0 1 0 1 0 6
HIT AND RUN-MISDEMEANOR 14 8 12 6 15 17 12 15 10 15 14 13B
ILLEGAL ALIEN - INS HOLD 0 0 0 0 0 0 0 1 1 0 0 2
ILLEGAL ESTABLISHMENT 0 0 0 0 0 0 0 0 0 0 0 0
ILLEGAL LIQUOR-M<\KE.SELL,POSSESS 0 0 0 0 0 0 0 0 0 0 0 0
IMPORTING LIQUOR 0 0 0 0 0 0 0 0 0 0 0 0
INTIMIDATION /OTHER CRIMINAL THREAT 2 0 3 5 1 2 5 3 4 2 1 28
JUSTIFIABLE HOMICIDE 0 0 0 0 0 0 0 0 0 0 0 0
KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 0 0 1 0 0 2 0 1 2 2 2 10
KIDNAP - FOR RANSOM 0 0 0 0 0 0 0 0 0 0 0 0
KIDNAP - HI-JACK. TERRORIST 0 0 0 0 0 0 0 0 0 0 0 0
KIDNAP - HOSTAGE/SHIELD OR REMOVAL/DELAY WITNESS 0 0 0 0 0 0 0 0 0 0 0 0
LICENSING ORDINANCES 1 0 0 0 0 1 0 0 0 0 0 2
LIQUOR LAW-OTHER 0 0 0 0 0 0 0 0 1 0 0 1
LIQUOR LICENSE VIOLATIONS 0 0 0 0 0 0 0 0 0 0 0 0
MINOR IN POSSESSION 2 3 1 1 2 1 2 1 3 2 2 20
MINOR ON PREMISES 0 0 0 0 0 0 0 0 0 0 0 0
MISCELLANEOUS 6 B 3 6 6 11 11 13 5 8 6 83
MOTOR VEHICLE THEFT 34 36 13 6 11 8 15 9 14 23 14 183
NEGLIGENT HOMICIDE - TRAFFIC 0 0 0 0 0 0 0 0 0 0 0 0
NEGLIGENT MANSLAUGHTER 0 0 0 0 0 0 0 0 0 0 0 0
NON CRIMINAL DOMESTIC DISTURBANCE 0 0 0 0 0 0 0 0 0 0 0 0
NON SUPPORT 0 0 0 2 1 0 0 0 0 0 0 3
OTHER 9 13 12 3 10 18 15 4 7 5 9 105
PARENTAL RESPONCIBILITY ORDINANCES (SVP) 0 0 0 0 0 0 0 0 0 0 0 0
PROPERTY - FOUND LOST MISLAID 23 14 21 25 31 34 35 31 32 20 21 287
PROPERTY RECOVER FOR OTHER AGENCY 0 0 0 0 0 0 1 1 2 1 0 5
PROSTITUTION - COMPEL 0 0 0 0 0 0 0 0 0 0 0 0
PROSTITUTION - ENGAGE IN 0 0 0 0 0 0 0 0 0 0 0 0
PROSTITUTION - OTHER 0 0 0 0 0 0 0 0 0 0 0 0
PROSTITUTION - PROMOTE 0 0 0 0 0 0 0 0 0 0 0 0
PUBLIC HEALTH AND SAFETY ORDINANCES 13 12 6 10 99 32 14 16 5 6 7 220
RECKLESS DRIVING 0 0 1 2 2 1 2 2 2 0 0 12
ROBBERY - BANK 0 0 0 0 0 0 0 0 0 1 0 1
ROBBERY - BUSINESS 2 1 0 1 0 1 0 0 1 2 0 8
ROBBERY - CAR JACKING 1 0 0 0 0 1 0 0 0 0 0 2
ROBBERY - CONV.STORE 0 0 0 0 0 0 0 0 0 0 0 0
ROBBERY - HIGHWAY 0 0 0 0 0 0 0 0 0 0 0 0
ROBBERY - OTHER 1 0 0 1 1 2 0 1 0 0 1 7
ROBBERY - RESIDENCE 1 0 0 0 0 0 0 0 0 0 0 1
ROBBERY - SERVICE STATION 0 0 0 0 0 0 0 0 0 0 0 0
RUNAWAY 7 10 6 11 8 13 7 13 16 8 10 109
SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 0 0 1 0 0 0 1 2 1 1 0 6
SEX CRIME - EXPOSER 0 0 0 0 0 0 0 0 0 0 0 0
SEX CRIME . FORCIBLE SODOMY 0 0 0 0 1 0 0 1 0 0 1 3
SEX CRIME - INCEST 0 0 1 0 0 0 0 0 0 0 0 1
SEX CRIME - MOLEST (PHYSICAL) 0 1 0 2 0 2 5 1 3 2 5 21
SEX CRIME - NON FORCE SODOMY 0 1 0 0 0 0 0 0 0 0 0 1
30
UI-\ It.: UfU':!UUUo PL6860
TIME: 8:01:37 MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU NOVEMBER 2005 SCOTTRU
ORIt: OR0240500 WPD RESULTS FOR ALL OFFENSES
CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AUG SEP OCT NOV TOTAL
-------------------------------------..---------------------------------------------------------------------------------------------
SEX CRIME - NON-FORCE RAPE 0 4 0 0 1 0 0 0 0 0 0 5
SEX CRIME - OBSCENE PHONE CALL 0 1 0 0 0 0 0 0 0 0 0 1
SEX CRIME - OTHER 0 0 0 0 0 0 0 0 1 0 0 1
SEX CRIME - PEEPING TOM 0 0 0 0 0 0 0 0 0 0 0 0
SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL 0 0 0 0 0 0 0 0 0 0 0 0
SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT 0 1 0 0 0 1 0 0 0 0 0 2
STALKER 0 0 0 0 0 0 0 0 0 0 0 0
STOLEN PROPERTY - RECEIVING.BUYING,POSSESSING 0 3 0 1 0 0 2 1 0 0 2 9
SUICIDE 0 1 0 0 0 0 1 0 1 0 0 3
THEFT - BICYCLE 3 1 1 2 6 8 7 9 2 7 7 53
THEFT - BUILDING 2 3 3 4 3 4 2 0 2 0 1 24
THEFT - COIN OP MACHINE 0 0 1 0 0 0 0 0 0 0 0 1
THEFT - FROM MOTOR VEHICLE 27 25 26 31 29 34 22 12 18 27 59 310
THEFT - MOTOR VEHICLE PARTS/ACCESSORIES 19 13 11 6 0 1 4 1 0 7 18 80
THEFT - OTHER 15 12 24 13 25 21 22 25 16 24 17 214
THEFT - PICKPOCKET 0 0 0 0 1 0 0 0 0 0 1 2
THEFT - PURSE SNATCH 2 0 1 0 0 2 0 0 1 1 0 7
THEFT - SHOPLIFT 14 4 9 9 15 18 14 20 13 12 8 136
TRAFFIC ORDINANCES 0 2 1 0 0 0 0 0 2 0 0 5
TRAFFIC VIOLATIONS 21 15 9 6 9 14 8 16 6 4 16 124
TRESPASS 4 7 4 9 6 7 7 8 4 3 6 65
UNKNOWN 0 0 0 0 0 0 0 0 0 0 0 0
V ANDALI SM 56 43 46 36 41 35 30 38 31 28 43 427
VEHICLE RECOVERD FOR OTHER AGENCY 7 11 4 4 0 4 2 3 3 4 2 44
WARRANT ARREST FOR OUR AGENCY 2 1 1 1 0 1 1 0 2 6 2 17
WEAPON - CARRY CONCEALED 1 1 1 0 1 2 0 2 1 1 2 12
WEAPON - EX FELON IN POSSESSION 1 1 0 0 0 0 1 0 2 0 1 6
WEAPON - OTHER 0 0 0 0 0 0 0 0 0 0 0 0
WEAPON - POSSESS ILLEGAL 0 3 0 2 1 0 2 2 3 1 1 15
WEAPON - SHOOTING IN PROHIBITED AREA 0 0 0 0 0 0 0 0 0 0 0 0
WILLFUL MURDER 0 0 0 0 0 0 0 0 0 0 0 0
ZONING ORDINANCE 1 3 1 3 5 3 1 2 0 3 1 23
-----------------------------------------------------------------------------------
TOTAL: 432 384 377 368 529 484 427 426 375 355 451 4608
----------------------------------------------------------------------------------------------------------------------------------_.
2005 TOTAL: 432 384 377 368 529 484 427 426 375 355 451 0 4608
2004 TOTAL: 541 543 575 495 495 445 359 409 396 340 355 0 4953
2003 TOTAL: 520 360 437 459 567 570 470 542 523 678 582 0 5708
31
-
lATE: 12/09/2005 f'LblloU
'IME: B: 01: 09 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU NOVEMBER 2005 SCOTTRU
lRI#: OR0240500 WPD RESULTS FOR ALL CHARGES
:HARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY AUG SEP OCT NOV TOTAL
------------------------------------------------------------------------------------------------------------------------------------
~GGRAVATED ASSAULT 1 2 3 2 1 0 1 1 0 4 3 18
AGGRAVATED MURDER 0 0 0 0 0 0 0 0 0 0 0 0
ANIMAL ORDINANCES 0 1 0 1 0 0 1 0 0 0 0 3
ARSON 0 1 0 0 0 0 0 0 0 0 0 1
ASSAULT SIMPLE 14 9 10 12 15 8 16 17 20 14 15 150
ATTEMPTED MURDER 0 0 0 0 0 0 0 0 0 2 0 2
BOMB THREAT 0 0 0 0 0 0 0 0 0 0 0 0
BURGLARY - BUSINESS 0 0 1 0 3 0 0 0 3 0 0 7
BURGLARY - OTHER STRUCTURE 0 0 1 0 0 0 0 0 0 0 0 1
BURGLARY - RESIDENCE 0 4 0 6 0 4 9 3 1 6 1 34
CHILD ADBANDOMENT 0 0 0 0 0 0 0 0 0 0 0 0
CHILD NEGLECT 0 0 0 0 2 1 0 1 0 0 0 4
CITY ORDINANCE 0 0 0 0 0 1 0 2 0 0 0 3
CRIME DAMAGE-NO VANDALISM OR ARSON 0 1 4 4 2 1 3 2 3 2 2 24
CURFEW 0 0 0 4 3 6 1 0 0 3 4 21
CUSTODIAL INTERFERENCE 0 0 0 0 0 0 0 1 0 0 0 1
CUSTODY - DETOX 1 7 1 3 2 1 2 2 2 1 2 24
CUSTODY - MENTAL 0 0 0 1 1 0 1 2 2 2 2 11
CUSTODY - PROTECITVE 0 0 0 0 1 1 0 0 1 0 1 4
DISORDERLY CONDUCT 4 2 1 9 11 2 2 3 8 9 20 71
DOCUMENTATION 0 0 0 0 0 0 0 0 0 0 0 0
DRINKING IN PUBLIC 0 0 0 0 1 1 1 0 1 0 0 4
DRIVING UNDER INFLUENCE 4 9 B 6 13 10 11 8 12 5 B 94
DRUG LAW VIOLATIONS 5 9 7 13 17 19 24 11 22 14 13 154
DRUG PARAPHERNALIA 0 0 0 0 0 0 0 0 0 0 0 0
DWS/REVOKED - FELONY 0 0 0 0 0 0 1 0 0 0 0 1
DWS/REVOKED-MISDEMEANOR 1 2 3 4 9 3 6 5 5 3 2 43
ELUDE 0 1 4 3 0 2 2 1 1 0 1 15
EMBEZZLEMENT 0 0 0 0 0 2 0 0 0 0 0 2
ESCAPE FROM YOUR CUSTODY 0 0 0 1 0 1 0 0 0 1 0 3
EXTORTION/BLACKMAIL 0 0 0 0 0 0 0 0 0 0 0 0
FAIL TO DISPLAY OPERATORS LICENSE 4 1 2 1 3 3 5 4 3 3 6 35
FAMILY-OTHER 0 0 0 0 0 0 0 0 0 0 0 0
FORCIBLE RAPE 0 0 0 1 0 0 0 2 0 0 0 3
FORGERY/COUNTERFEITING 1 0 I 9 2 7 5 13 2 4 1 45
FRAUD - ACCOUNT CLOSED CHECK 0 0 0 0 0 0 0 0 0 0 0 0
FRAUD - BY DECEPTION/FALSE PRETENSES 0 0 0 0 0 1 0 0 0 0 0 1
FRAUD - CREDIT CARD/AUTOMATIC TELLER MACHINE 0 0 0 0 0 1 1 0 0 0 0 2
FRAUD - IMPERSONATION 3 3 0 0 0 2 2 2 1 1 0 14
FRAUD - NOT SUFFICIENT FUNDS CHECK 0 0 0 0 0 0 0 0 0 0 0 0
FRAUD - OF SERVICES/FALSE PRETENSES 0 0 0 0 0 2 1 0 0 0 0 3
FRAUD - WIRE 0 0 0 0 0 0 0 0 0 0 0 0
FRAUD-OTHER 0 0 0 0 0 0 0 0 0 0 0 0
FUGITIVE ARREST FOR ANOTHER AGENCY 34 28 27 40 49 48 41 43 37 37 35 419
FURNISHING 1 0 0 0 1 0 0 1 0 1 9 13
GAMBLING - GAMES 0 0 0 0 0 0 0 0 0 0 0 0
GAMBLING - OTHER 0 0 0 0 0 0 0 0 0 0 0 0
GARBAGE LITTERING 0 1 0 1 2 1 1 2 1 2 0 11
HIT AND RUN FELONY 0 0 1 0 0 0 0 0 0 0 0 1
HIT AND RUN-MISDEMEANOR 2 1 2 2 3 4 1 1 0 1 4 21
ILLEGAL ALIEN - INS HOLD 0 0 0 0 0 0 0 1 1 0 0 2
INTIMIDATION /OTHER CRIMINAL THREAT 0 1 1 8 1 2 6 7 0 4 3 33
32
,anum \'0\ lee uepl..
1: 12/09/2005 rL..Uu..JV
1E: 8:01:09 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU NO~EMBER 2005 SCOTTRU
1#: OR0240500 WPD RESULTS FOR ALL CHARGES
ARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY A\.JG SEP OCT NO~ TOTAL
----------------------------------------------------------------------------------------------------------------------------------
DNAP - FOR ADDITIONAL CRIMINAL PURPOSE 0 0 0 0 0 1 0 0 0 0 0 1
~DNAP - FOR RANSOM 0 0 0 0 0 0 0 0 0 0 0 0
IDNAP - HI-JACK. TERRORIST 0 0 0 0 0 0 0 0 0 0 0 0
IDNAP _ HOSTAGE/SHIELD OR REMO~AL/DELAY WITNESS 0 0 0 0 0 0 0 0 0 0 0 0
ICENSING ORDINANCES 0 0 0 0 0 0 0 0 0 0 0 0
IaUOR LAW-OTHER 0 0 0 0 0 0 0 0 1 0 0 1
IaUOR LICENSE ~IOLATIONS 0 0 0 0 0 0 0 0 0 0 2 2
IINOR IN POSSESSION 8 5 1 1 4 1 2 2 3 3 8 38
~INOR ON PREMISES 0 0 0 0 0 0 0 0 0 0 0 0
..,ISCELLANEOUS 0 3 0 0 0 0 0 1 0 0 0 4
VOTOR ~EHICLE THEFT 0 3 1 2 1 3 1 3 2 0 2 18
NEGLIGENT HOMICIDE - TRAFFIC 0 0 0 0 0 0 0 0 0 0 0 0
NEGLIGENT MANSLAUGHTER 0 0 0 0 0 0 0 0 0 0 0 0
NON CRIMINAL DOMESTIC DISTURBANCE 0 0 0 0 0 0 0 0 0 0 0 0
OTHER 5 6 16 12 9 7 14 8 9 6 6 98
PROPERTY - FOUND LOST MISLAID 0 0 0 0 0 0 0 0 0 0 0 0
PROPERTY RECO~ER FOR OTHER AGENCY 0 0 0 0 0 0 1 1 0 0 0 2
PROSTITUTION - COMPEL 0 0 0 0 0 0 0 0 0 0 0 0
PROSTITUTION - ENGAGE IN 0 0 0 0 0 0 0 0 0 0 0 0
PROSTITUTION - PROMOTE 0 0 0 0 0 0 0 0 0 0 0 0
PUBLIC HEALTH AND SAFETY ORDINANCES 0 0 0 0 0 0 0 0 0 0 0 0
RECKLESS DRI~ING 0 0 2 2 2 2 2 2 2 0 0 14
ROBBERY - BANK 0 0 0 0 0 0 0 0 0 0 0 0
ROBBERY - BUSINESS 2 0 0 1 0 2 0 0 1 1 0 7
ROBBERY - CAR JACKING 0 0 0 0 0 1 0 0 0 0 0 1
ROBBERY - CON~.STORE 0 0 0 0 0 0 0 0 0 0 0 0
ROBBERY - HIGHWAY 0 0 0 0 0 0 0 0 0 0 0 0
ROBBERY - OTHER 0 0 0 0 0 0 0 0 0 0 0 0
ROBBERY - RESIDENCE 0 0 0 0 0 0 0 0 0 0 0 0
ROBBERY - SERVICE STATION 0 0 0 0 0 0 0 0 0 0 0 0
RUNAWAY 1 1 1 1 0 1 0 3 3 1 3 15
SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 0 0 0 1 0 0 0 1 0 0 0 2
SEX CRIME - EXPOSER 0 0 0 1 0 0 0 0 0 0 0 1
SEX CRIME - FORCIBLE SODOMY 0 0 0 1 1 0 0 1 0 0 0 3
SEX CRIME - INCEST 0 0 0 1 0 0 0 0 0 0 0 1
SEX CRIME - MOLEST (PHYSICAL) 0 0 0 1 0 0 0 1 0 1 0 3
SEX CRIME - NON FORCE SODOMY 0 0 0 0 0 0 0 0 0 0 0 0
SEX CRIME - NON-FORCE RAPE 0 0 0 0 0 0 0 2 0 0 0 2
SEX CRIME - OBSCENE PHONE CALL 0 0 0 0 0 0 0 0 0 0 0 0
SEX CRIME - OTHER 0 0 0 1 0 0 0 0 0 0 0 1
SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL 0 0 0 1 0 0 0 0 0 0 0 1
SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT 0 0 0 0 0 0 0 0 0 0 0 0
STALKER 0 0 0 0 0 0 0 0 0 0 0 0
STOLEN PROPERTY - RECEIVING.BUYING.POSSESSING 1 7 1 1 0 0 4 2 6 4 0 26
SUICIDE 0 0 0 0 0 0 1 0 0 0 0 1
THEFT - BICYCLE 0 0 0 0 0 0 1 2 0 1 0 4
1HEFT - BUILDING 0 1 1 2 3 0 0 0 0 0 0
1HEFT - COIN OP MACHINE 0 0 0 0 0 0 0 0 0 0 0 (
1HEFT - FROM MOTOR VEHICLE 0 3 13 4 1 0 0 0 4 0 0 2~
THEFT - MOTOR VEHICLE PARTS/ACCESSORIES 0 0 0 0 0 0 0 0 0 0 0 (
THEn - OTHER 1 1 4 3 6 5 8 2 4 3 1 3:
THEFT - PICKPOCKET 0 0 0 0 0 0 0 0 0 0 0
33
1burn ~OllCe uept.
" . 12/09/2005
....
E: B: 01: 09 MONTHL~ ARRESTS B~ OFFENSE FOR JANUARY THRU NO~EMBER 2005 SCOTTRU
it: OR0240500 WPD RESULTS FOR ALL CHARGES
\RGE DESCRIPTION JAN FEB MAR APR MAY JUN JlY AUG SEP OCT NO~ TOTAL
----------------------------------------------------------------------------------------------------------------------------------
EFT - PURSE SNATCH 1 0 0 0 0 0 0 0 0 0 0 1
EFT - SHOPLIFT 14 3 7 10 15 19 12 22 11 11 8 132
~FFIC ORDINANCES 0 0 0 0 0 0 0 0 0 0 0 0
\AFFIC VIOLATIONS 16 14 12 25 46 37 26 42 24 21 25 288
~ESPASS 2 10 5 14 4 10 10 11 4 3 7 80
At'lDAL 1 SM 1 1 1 12 2 2 5 3 2 3 3 35
EHIClE RECOVERD FOR OTHER AGENCY 0 1 0 3 0 0 0 0 0 0 0 4
IARRANT ARREST FOR OUR AGENCY 1 1 1 1 0 2 1 0 0 5 2 14
JEAPON - CARRY CONCEALED 1 1 1 0 1 2 0 2 1 1 2 12
~EAPON - EX FELON IN POSSESSION 0 2 0 0 0 0 1 0 2 0 1 6
,JEAPON - OTHER 0 0 0 0 0 0 1 0 0 0 0 1
~EAPON - POSSESS ILLEGAL 0 2 0 2 3 2 3 2 5 4 0 23
WEAPON _ SHOOTING IN PROHIBITED AREA 0 0 0 0 0 0 0 0 0 0 0 0
WILLFUL MURDER 0 0 0 0 0 0 0 0 0 0 0 0
ZONING ORDINANCE 0 0 0 0 0 0 0 0 0 0 0 0
------------------------------------------------------------------------------------------------------------------------------------
2005 TOTAL: 129 148 144 234 240 231 237 248 210 187 202 0 2210
2004 TOTAL: 208 194 218 195 196 221 162 198 193 172 144 0 2101
2003 TOTAL: 202 148 164 190 221 196 230 214 174 196 191 0 2126
34
,..
A~ ,~ lOA
.
.
December 12, 2005
TO: Honorable Mayor and City Council through City Administrator
FROM: Naomi Zwerdling, Interim Community Development Director NZ-
SUBJECT: Annexation 04-02, Zone Change 04-02, and Design Review 04-18
located at 2045 Molalla Road
RECOMMENDATION:
It is recommended that the City Council approve Annexation 04-02, Zone
Change 04-02, and Design Review 04-18 and instruct staff to prepare an
ordinance to substantiate the Council's decision.
BACKGROUND:
The LDS Church, the applicant, submitted applications to annex 9.62 acres of
land into the City of Woodburn and change the zoning of the property from
Marion County "Urban Transition Farm" (UTF) to City of Woodburn "Commercial
General" (CG) located at 2045 Molalla Road. The subject property is identified
specifically on Marion County Assessor Maps as Township 5 South, Range 1 West,
Section 8A, Tax Lot #5200, Lot #3 of the Woodburn Fruit Tracts. The applicant
also submitted a request for design review approval for a 25,000 square foot
church facility, 300 square foot storage building and 1,800 square foot pavilion
(covered picnic shelter).
The Planning Commission held a public hearing on this proposal at its September
22, 2005 meeting. At its meeting of October 13, 2005, the Planning Commission
adopted a final order recommending that the City Council approve Annexation
04-02, Zone Change 04-02, and Design Review 04-18.
DISCUSSION:
The Planning Commission's final order, staff report, and minutes are attached for
the City Council's review. A letter was submitted by Charlotte Carson-Jeske
and James A. Jeske, the property owners of the property located to the east of
the subject site, after the public hearing at the September 22, 2005 Planning
Commission Meeting. This letter is attached. A letter was submitted by Mac
McSwain, the LDS Church Architect, date ecember 7, 2005 in response to the
Agenda Item Review: City AdministratQt;;-~ J
City Attorney _
Finance
35
Honorable Mayor and City Council
December 12, 2005
Page 2
.
.
letter written by Charlotte Carson-Jeske and James A. Jeske dated September
22, 2005. This letter is attached. A revised site plan date stamped October 5,
2005 submitted by Mac McSwain, the LDS Church Architect, showing the
relocation of the trash receptacle and storage unit to the west side of the site in
compliance with condition of approval # 12 in the Final Order dated 10-13-05 is
also attached.
FINANCIAL IMPACT:
The subject property is exempt from property taxes so it will not contribute to the
City's property tax revenue.
Attachments:
Attachment A-
Attachment B-
Attachment C -
Attachment D-
Attachment E-
Attachment F -
Planning Commission Final Order dated 10-13-05
Planning Commission Staff Report dated 09-22-05
Planning Commission Minutes of 09-22-05
Letter written by Charlotte Carson-Jeske and James A. Jeske
dated September 22, 2005
Letter written by Mac McSwain, the LDS Church Architect,
dated December 7, 2005 in response to the Letter written by
Charlotte Carson-Jeske and James A. Jeske dated
September 22, 2005
A revised site plan date stamped October 5, 2005 submitted
by Mac McSwain, the LDS Church Architect, showing the
relocation of the trash receptacle and storage unit to the
west side of the site in compliance with condition of approval
# 12 in the Final Order dated 10-13-05
36
MfQ~~~~f /0/1 -
\)b~U.Yh~Y\.t fo/low.s PQ1~
Itr'LYI 0{ a..- Pctc-.k d.
(p 0 crP -fill s
M-T
'/37"260(0
The attachments for Item lOA are not included in the agenda
packet. The entire document has been given to the City Council
and is available for review by the public in the City Recorder's office,
in the City Administrator's office, and at the reference desk of the
Woodburn Public Library.
37
/~\ .'
~. ';~""",lM~V~',,',.. A,
~
WQ.Q.Q!i.vRN
I..,.:,;)rp~~ral~'.{ 18.'19
11A
~~
.
.
December 5, 2005
TO: Mayor and City Council through City Administrator
FROM: Mary Tennant, City Recorder ~~
SUBJECT: Acceptance of Bancroft Bond Applications
RECOMMENDATION:
By motion, and under the authority of ORS 223.210, Council accept the
Bancroft Bond applications submitted by property owners within the Boones
Ferry Road Local Improvement District which were filed after the initial 10-day
filing period.
BACKGROUND:
Under ORS 223.210 (Bancroft Bonding Act), affected property owners have 10
days after the date of the first publication of the final assessment ordinance to
file a Bancroft Bonding application thereby allowing them to pay for their share
of the assessment costs under an installment program over a 10-year period.
Applications received after the initial filing period require Council acceptance in
order to participate in the installment program.
DISCUSSION:
Bancroft bond applications were received from the following property owners of
record:
(1) Eldon & Marilyn Hoekstra
2340 Miller Farm Rd. (Tax Lot No. 051 WO? AC01300)
(2) Brian & Shelby Gales
2491 Tracy Lane (Tax Lot No. 051 WO? AB08400)
Acceptance of these applications will allow the property owners to participate
in the installment program established under the final assessment ordinance for
this improvement project.
FINANCIAL IMP ACT:
There is no financial impact on the City unless the property owner defaults on
assessment payments. If that were to occur, the City could initiate foreclosure
proceedings in order to recover the assessment balance plus interest and
related costs. The final assessment ordinance provides for annual payments
and the first payment will not be due until September 1, 2006.
Agenda Item Review: City Administrat
City A Horney
Finance
38
T
~"',\,I,.,..
_ ;<0:. '
WooDBuRN
~~llB
I" (C, l' L" a I (JI 11 S"
.
.
December 7,2005
TO: Mayor and City Council through City Administrator
FROM: Ben Gillespie, Finance Director
SUBJECT: Audit Report
RECOMMENDATION:
Accept the report.
BACKGROUND:
The 2004-05 financial statements have been finalized, and the City's auditors,
Boldt, Carlisle, & Smith, have issued an unqualified opinion on them. As required
by statute the financial statements and the opinion have been filed with the
Secretary of State.
The auditors stated:
In our opinion, the financial statements referred to above present fairly, in
all material respects, the respective financial position of the governmental
activities, the business-type activities, each major fund and the aggregate
remaining fund information of City of Woodburn, as of June 30, 2005, and
the respective changes in financial position and cash flows, where
applicable, thereof and the respective budgetary comparisons. . .
Regarding compliance with laws, regulations, contracts, and grants they wrote:
The results of our tests disclosed no instances of noncompliance or other
matters that are required to be reported under Government Auditing
Standards.
They also wrote:
We noted no matters involving the internal control over financial reporting
and its operation that we consider to be material weaknesses.
Agenda Item Review: City Administr
City Attorney _
Finane
39
Mayor and City Council
December 7, 2005
Page 2
.
.
DISCUSSION:
The auditors' opinion is the public's assurance that the financial operations of
the City have been reported accurately and all material events have been
disclosed.
Included in the financial statements are two other documents that help the
reader interpret the impact of the City's financial activities. Management's
Discussion and Analysis (pages a-g) provides a narrative introduction and
overview that will help users interpret the basic financial statements. The MD &
A also is an analysis of key data presented in the financial statements.
Government wide financial statements (pages 1 and 2) include the statement
of Net Assets and the Statement of Activities. They present the activities for all
funds in one statement. This is intended to help the reader grasp the impact of
the government entity as a whole. It is how citizens most often view local
government.
Copies of the document are available for review at the library reference desk.
FINANCIAL IMPACT:
The audit was conducted at agreed to contract price of $23,000.
40
T
The City of Woodburn Annual Financial Report has been given to the
City Council under separate cover and is available for review by the
public in the City Recorder's office, in the City Finance office, and at
the reference desk of the Woodburn Public Library.
41
-
~
WOODBURN
locor,orated 1889
~ rd~~~A~/ IIC
~'~ 9lenv
.
.
December 6, 2005
FROM:
Mayor and City Council through City Administrator
Randy Scott, Senior Engineer Technician, Through the Public Works f?S
Director
TO:
SUBJECT:
Acceptance of Public Water Main Easement
RECOMMENDATION:
It is being recommended that the City Council accept the attached Public rS-
Water Main Easement as described on Attachment "A".
BACKGROUND:
The easement is being conveyed to the city by Kerr Contractors, Inc. as a
condition of land use approval in conjunction with the office building
constructed and located at 395 Shenandoah Lane. The 16 foot wide water
main easement is to maintain a water system though the property providing fire
protection and domestic service. The water main has been constructed and
funded by the property owner.
DISCUSSION:
None
FINANCIAL IMPACT:
There is no financial impact with the recommended action
Included as Attachment "A" is the properly signed Water Line Easement and
map
Agenda Item Review: City Administrat
City Attorney _
Finane
42
T
VICINITY MAP
43
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ATTACHMENT "A"
AFTER RECORDING RETURN TO:
Woodburn City Recorder
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
APR 2 7 lOW',
CITY OF WOODBURN, OREGON
PUBLIC UTILITY EASEMENT
(Permanent)
KERR CONTRACTORS, INC., hereinafter called GRANTOR, grants to the CITY
OF WOODBURN, OREGON, a municipal corporation, hereinafter called CITY, a
permanent easement and right-of-way, including the permanent right to construct.
reconstruct, operate, and maintain a public water line on the following described land:
See attached Exhibit itA" Legal Description of Permanent Easement and
attached Exhibit "B" Sketch for Legal Description of Permanent Easement
which are by this reference incorporated herein
GRANTOR reserves the right to use the surface of the land for any purpose that
will not be inconsistent or interfere with the use of the easement by CITY. No building
or utility shall be placed upon, under, or within the property subject to the foregoing
easement during the term thereof, however, without the written permission of CITY.
Upon completion of the construction, CITY shall restore the surface of the
property to its original condition and shall indemnify and hold GRANTOR harmless
against any and all 105::;, CO:5t, or damage arising out of the exercise of the rights granted
herein.
The true consideration of this conveyance is
($ -e-- ), and other valuable consideration,
acknowledged by GRANTOR.
~1ZO
the receipt of which is
GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of
the above-granted premises, free from all encumbrances and that GRANTOR and their
heirs and personal representatives shall warrant and forever defend the said premises
and every part thereof to CITY against the lawful claims and demands of all persons
claiming by, through, or under GRANTOR.
Public Utility Easements (Permanent)
Page 1 of 4
\44
,~c
DATED this d'" day of ~'1
\
, 20 0"5.
KERR CONTRACTORS, INC,
BY ~w- \~L
Printed Name:
Title: V?
~I~~
STATE OF OREGON, County of JY\:l (, 0 h ) ss.
The foregoing instrument was executed and acknowledged before me this
~ dj;f ~ 'f , 2005, by --r;- "" l(' ""-'l. '
as '...L ~I of KERR CONTRACTORS, INC.. of his/her own free
act and deed.
~ arfIClALSEAL
. ',4.' , D!NN1I8 C OWINGS
, , .,: NOTARY PUBUC - OREGON
COMMISSION NO. 351308
MY COMMISStON ecPIRE8OC1OBER 25.2005
~ ~.
'A1MU1 ~, (! lIJ(,
ARY PUBLIC FO- -OREJr~
My Commission Expires: 'O-~5 -05"
City of Woodburn
270 Monfgomery Street
Woodburn, OR 97071
(Grantee's Name and Address)
Accepted on behalf of the City of Woodburn after
authorization by its City Council on
date
on the condition that the interests conveyed
herein are free and clear from taxes, liens, and
encumbrances.
City Recorder:
Mary Tennant
Public Utility Easements (Permanent)
Page 2 of 4
\ 45
EXHIBIT "A"
Legal Description of Permanent Easement
Beginning at a point located North 18049'40" West 181.77 feet from a 3 inch brass cap
in concrete at the Southerly Southwest Corner of Donation Land Claim Number 49 in
Township 5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon:
thence South 70001'13" West 16.00 feet; thence South 19058'47" East 113.03 feet:
thence North 89048'22" West 132.25 feet; thence North 0011'38" East 4.37 feet thence
North 89048'22" West 16.00 feet: thence South 0011 '38" West 4.37 feet: thence North
89048'22" West 6.48 feet: thence North 0034'23" East 25.35 feet: thence North
89025'37" West 16.00 feet; thence South 0034'23" West 21.63 feet: thence North
89025'37" West 6.46 feet; thence South 0034'23" West 16.00 feet; thence South
89025'37" East 6.46 feet; thence South 0034'23" West 3.83 feet; thence South 89048'22"
East 173.15 feet; thence South 2031'13" West 118.02 feet; thence South 13046'13"
West 173.65 feet: thence South 58046'13" West 179.74 feet; thence South 13046'13"
West 270.54 feet; thence South 13037'32" West 39.25 feet; thence South 9057'35" West
41.00 feet: thence South 5032'13" West 67.48 feet; thence South 7016'46" West 209.53
feet to a point on the Northerly line of that property conveyed to the City of Woodburn. a
municipal corporation, as described in Marion County Records Reel 2160, Page 218:
thence along the Northerly Line of said City of Woodburn property along a 55.00 foot
radius curve to the right 16.99 feet (the long chord of which bears South 63040'37" East
16.93 feet); thence North 7016'46" East 215.30 feet; thence North 5032'13" East 67.10
feet; thence North 9057'35" East 39.87 feet; thence North 13037'32" East 30.26 feet
thence South 74037'39" East 11.41 feet; thence North 15022'21" East 16.00 feet thence
North 74037'39" West 11.88 feet; thence North 13046'13" East 256.35 feet thence North
58046'13" East 179.74 feet; thence North 13046'13" East 1.78 feet; thence South
84053'33" East 3.44 feet to the West line of Partition Plat 1999-134, a partition plat of
record in Marion County, Oregon; thence along said West line North 13046'13" East
16.18 feet; thence North 84053'33" West 3.44 feet thence North 13046'13" East 163 89
feet: thence North 2031'13" East 131.53 feet: thence North 19058'47" West 123.95 feet
to the point of beginning.
The Basis of Bearings for this description is from Marion County Survey Record 36250.
Public Utility Easements (Permanent)
Page 3 of 4
'46
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WOODBURN
llD
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'",o'rc'~'tJ "89
.
.
December 7,2005
FROM:
Mayor and City Council through City Administrator . _J
Thomas P. Tennant, Captain through Scott D. Russell, Chief of POIIC~
TO:
SUBJECT:
Uquor Ucense Change of Ownership
RECOMMENDATION:
The Woodburn City Council recommend to the OLCC the approval of a change
of ownership application for Fonzl's Dell.
BACKGROUND:
Applicant: Great Ideas, Inc
Fonzl's Dell
1585 N. Pacific Hwy.
Woodburn, OR 97071
Owner IManager:
Nathan E. Wheeler
9755 SW Barnes Rd, # 660
Portland, Or. 97225
License Type: Limited on Premise Sales - Allows for the sale and service of malt
beverages and wine for consumption on the licensed premises.
On November 15, 2005 the Woodburn Police Department received an
application requesting approval for a change of ownership for Fonzl's Dell. The
above-mentioned corporation has purchased the business and is applying for a
license.
Agenda Item Review: City Administrat
City Attorney
Finane
48
Mayor and CI1y Council
December 7. 2005
Page 2
.
.
During the last 12 months the Pollee Department handled 4 Incidents at the
Business. There were no reported liquor law violations by the business.
The restaurant will continue to operate 7 days per weel<, be1ween the hours of
10:00 AM and 12:00 AM Sunday thru Thursday, and 10:00 AM and 1:00 AM Friday
and Saturday. The entertainment will be recorded music, and video lottery
games. The pollee department has received no communication from the public
or surrounding businesses in support of or against the change of ownership.
DISCUSSION:
The pollee department has completed a limited background Investigation on
the applicant business and found nothing of a questionable nature, An In-
depth investigation was completed on the owner and no offenses that would
preclude a license being issued or items of a questionable nature were located.
FINANCIAL IMPACT:
None
49
T
/,
OREGON LIQUOR CONTROL COMMIS
LIQUOR LICENSE APPLI
PAID
~15tJO
@)
PLEASE PRINT OR TYPE
Aoolication is beina made for:
LICENSE TYPES
o Full On-Premises Sales ($402.60Iyr)
o Commercial Establishment
o Caterer
o Passenger Carrier
o Other Public Location
o Private Club
.. Limited On-Premises Sales ($2A.@Y<t E I V E 0
o Off-Premises Sales ($1001y8ReGON UQtJOFl CONTROL COMMISION
o with Fuel Pumps
o Brewery Public House ($252.60) OCT 21 2005
o Winery ($250Iyr)
o Other:
Apolying as:
o Individuals 0 Limited
Partnership
ION 1 5 2005
I Y F
ACTIONS
)I{ Change Ownership
o New Outlet
o Greater Privilege
o Additional Privilege
o Other
CITY ANO COUNTY USE ONLY
council or county commission:
(name of city or county)
recommends that this license be:
Granted 0
Denied 0
By:
(signature)
Name:
Title:
(date)
~ Corporation
o Limited Liability
Company
OLCC USIf"Of'ILY
Application Rec'd by: l!.M~
Date:~
90-day authority: 0 Yes 0 No
?lA1t :s:~4i
SALEM REGIONAL OFFICE
1. Applicant(s): [See SECTION 1 of the Guide]
<D (JrfM~") ~H . J;;.r Go.
,
~
2. Trade Name (dba): ~r1L.; ~S Oul,
3. Business Location: /J"~"gS- J1/. ~/-.H(,
(number. street. rural route)
CID
@
JI", YJ s..irl- r lJ..A,/ J I () ({. Q 70) I l-
f (city) (cOOnty) (state) (ZIP code)
5. Business Numbers: $""61- L. ~ "3 -J .:>'-/l:>
(phone)
6. Is the business at this location currently licensed by OLCC?t(Yes JNO
7.lfyestowhom:9r~l-if /)z.L- (l/,//,"f L-u.. Jr~~~ft~ense: L,m,1't-/) M" !/U'AtT!S 5A-/~j
J t
8. Former Business Name:
9. Will you have a manager? b(Yes CJNo Name: cf (: W m vI tiC
r (manager must fill 0'1 an individual history form)
10. What is the local governing body where your business is located? W 0 If d blAt J
/ (~a", of city or ~upty)
11. Contact person for this apPlication:~I'~.J C. U1/~{ f,../ 517-- z;; '} -- (J lid
J I ^ S i) ~ 'J o/.- 11Zr . (ph:ni.nu,;~}s11 /. J~'
(address) ( number) (e-mail address) - . t ~
I understand that if my answers are not true and complete, the OlCC may deny my license application.
Appll~(s) Si~{S) and Date:
CD ~ate "f,JjJf/ CID Date
~ Date @ Date
1-800-452-0LCC (6522)
www.olcc.state.or.us
~1 - ~-.;O 7"J n "
~,~~.
M.)t. ~Wt~ (T$1J~lwV ~St~) (l)r;;?("'i.l
~,.(~'~,.\, '
, '. [!l'.
. ..
WOO:Q.BURN
J"corl,orJlttd 1830)
~~llE
.
.
December 12, 2005
TO: Mayor and City Council through City Administrator
FROM: Mary Tennant, City Recorder ~
SUBJECT: Award of Contract for Employee Compensation Study
RECOMMENDATION:
It is recommended that the City Council award a contract for an Employee
Compensation Study for general service AFSCME represented employees to the
firm HR Answers and authorize the City Administrator to execute an agreement
for services in an amount not to exceed $25,000, plus related expenses.
BACKGROUND:
In 1999, the City and AFSCME jointly funded a Classification and Compensation
Study in which Consultant Robert Gibson updated AFSCME job classifications
and descriptions and performed a market study on wages and benefits. The
study resulted in the utilization of a point factor system to establish internal
alignments of job classifications based on work performed (also known as a
comparable worth system). A Classification Committee was formed to evaluate
each job classification based on selected performance criteria and, following
this evaluation, the Consultant scored the individual factors and provided a list
of total points for each classification. The salary schedule that was subsequently
established provided 20 grade levels: placement of a job classification was
based on the points assigned to the position.
DISCUSSION:
The City's bargained agreement with American Federation of state, County,
and Municipal Employees (AFSCME) requires a joint Employee Compensation
Study project. The study will review and validate current job classifications, and
conduct an external wage and benefit compensation market study. A request
for proposals to conduct the study was released in August 2005. Proposals were
received from three (3) firms. City management staff and AFSCME union
representatives evaluated the proposals. Proposals were evaluated on a
number of factors including ability to perform the scope of service, prior
Agenda Item Review: City Administr~City Attorney f!!J) Finance&
51
Mayor and City Council
December 12, 2005
Page 2
.
.
experience, the results of reference checks, and on cost considerations. Based
on evaluation of proposals submitted, interviews with proposing firms, and
reference checks, and although their proposed fee is higher than other
proposers, HR Answers was recommended by the review committee as the
consulting firm to perform this study. HR Answers has significant experience
working with point factor systems and in conducting market-based wage
surveys, has an organizational structure that can insure prompt completion of
the study, and has prior experience and familiarity with Woodburn's various job
classifications. HR Answers is also willing to enter into an agreement at a not-to-
exceed cost of slightly less than stated in their proposal.
The Compensation study will retain the current point factor system, but the
Consultant will review the job tasks for each classification to validate the original
point assignments and recommend any corrective changes that are necessary.
Benchmark positions will be established and used for the market study on
compensation, to determine whether Woodburn's compensation package is
competitive in the regional job market. The wage survey will, for comparison,
include both public and private employers. The current AFSCME agreement
requires that the study results be discussed as part of a wage re-opener this
spring. Any changes that the Council authorizes will be implemented beginning
in July 2006.
A "Notice of Intent to Award" to HR Answers was mailed to all proposers on
December 6, 2005, because of the time needed to complete reference checks
and coordinate with AFSCME. This is one day less than the notice required by
ORS 279 B (state procurement law) for procurements requiring the formal RFP
process. This delay results in a one-day extension of the period in which a
challenge to the award may be made, beyond the Council's consideration of
this item. No challenges to the recommended action, however, are
anticipated.
fiNANCIAL IMPACT:
HR Answers included a professional services fee of up to $25,000 in its proposal
although, as previously indicated, it is willing to contract for a lesser amount.
Pursuant to the AFSCME agreement, the City is responsible for one half of the
study cost; AFSCME will pay the remainder. The city's share of study costs will be
spread to the various operating funds, which have employees covered under
the AFSCME agreement.
52
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~"'~'.".'
m: ..
. ~ ..
WQQQBURN
Il'Corpcfdted 1889
I1F
~~
.
.
December 9, 2005
TO: Mayor and City Council through City Administrator
FROM: Mary Tennant, City Recorder
SUBJECT: Pacific Life Plan Closure - December 31,2005
RECOMMENDATION:
Authorize City Administrator to execute an agreement with ING Life Insurance
and Annuity Company to (1) provide for the transfer of assets in the City's
Pacific Life Retirement Plan to lNG, and (2) to establish ING as the designated
service provider for this retirement plan.
BACKGROUND:
In 1973 the City contracted with Pacific life Insurance Company to provide for a
defined benefit retirement program for all full-time employees. In November
1998, an integration agreement was executed with Oregon Public Employees
Retirement System and all active full-time employees within the City were
moved over to PERS. Retired and terminated employees, however, remained
within the City plan contracted through Pacific life retirement. To date, there
remain three (3) nonvested terminated members and five (5) vested terminated
employees in the Pacific life retirement plan along with a number of retirees
currently receiving monthly annuities.
DISCUSSION:
In January 2004, Pacific life provided the City with written notice that they
would be terminate our contract effective December 31, 2005 since they would
no longer be servicing our type of plan. Therefore, the City needed to make a
decision on the assets and liabilities prior to the contract termination date.
Soon after receipt of the notice, contact was made with our Retirement Plan
Actuary, Milliman, to assist us in evaluating options to deal with the contract
closure with Pacific Life.
In January 2005, Milliman met with City staff to review available options which
included (1) cashing out nonvested members and purchasing annuities for
Agenda Item Review: City Administr
City Attorney
Finance
53
Mayor and City Council
December 9,2005
Page 2
.
.
vested terminated employees which would then transfer the remaining liability
for providing pension benefits to an insurance carrier and the City's liability
would be eliminated, (2) transferring the plan assets to another insurance who
would continue to service our plan under its current terms; or (3) establishing a
Trust. Milliman obtained preliminary quotes for annuity purchases from Pacific
Life. However, it was decided at that time to wait until the latter part of 2005 to
make a decision on purchasing annuities because there was sufficient time to
see if change in the annuity purchase rates, asset values, and remaining
liabilities during the year might lessen the City's outstanding liability.
Of the three options available, it was determined that the options to purchase
annuities or transfer assets to another insurance carrier would best meet the
needs of the City. The trust option was eliminated from consideration because
of the time needed to establish a trust, the need to utilize an attorney
specializing in pension law, and recurring expense related to maintaining a trust.
Purchasinq Annuities
Under this option, the City would purchase annuities for all pension benefits and
terminate the plan. An advantage of purchasing annuities is that the City's
liability is known at the time of purchase and there are no future liabilities
incurred which include administrative expenses. The current fund balance is
approximately $841,000. However, the City would need to pay an estimated
additional $130,000 to $140,000 by December 31, 2005 in order to purchase
annuities and pay related administrative expenses based on annuity purchase
quotes received from Pacific Life and Principal Insurance.
Milliman further reviewed the payment options provided by the two companies
and found that neither company would offer a deferred "Lump Sum Option"
which is currently offered under the retirement plan. This type of option allows
the vested terminated member to elect, at the time of retirement, the
withdrawal of their account balance and then receive an annuity on the City's
defined benefit formula. Since the annuities that would be purchased do not
provide the same benefit options or plan features if the plan was still intact, the
City would need additional legal review of the issues to insure that the vested
members receive the benefits to which they are entitled. It has been
management's goal, in working through this issue, to avoid diminishing these
retirement benefits.
As part of the plan closure, the City will be purchasing annuities for retirees
currently receiving an annuity payment from Pacific Life for the annual Cost of
54
Mayor and City Council
December 9, 2005
Page 3
.
.
Living Adjustment which will not exceed 2% per year since this COLA adjustment
had been previously funded through plan assets.
Transferrina Funds to Another Carrier
Under this option, the City would transfer the Plan assets to another insurance
carrier who would provide services and benefit options similar to Pacific Life.
Brentwood Asset Advisors assisted the City in looking for an insurance carrier that
would be willing to takeover servicing of our retirement plan. Of the carriers
contacted, ING Life Insurance and Annuity Company was considered to be a
good fit as a new carrier and they were willing to take our plan. According to
our consultants, it was difficult to find an insurance carrier willing to take over an
inactive plan since the carriers prefer to service plans that have regular
contributions into the account. As discussed, only inactive members remain in
the plan because actives were transferred to PERS. Because there are no
actives, no regular contributions have been made to the plan since November
1998. By transferring the funds to lNG, the City would have flexibility in funding
future liabilities. For example, the City may, at some time in the future, elect to
purchase annuities for all remaining liabilities. In the meantime, the City could
contribute the additional funding required by spreading it out over several years
rather than contributing it all at once. Disadvantages to transferring the funds
are on-going administrative fees and the unknown cost of funding all benefits
which are dependent upon actual asset returns, actual retirement ages and life
expectancies, and other factors.
Initially the purchasing annuities option seemed to be the most attractive option
as it eliminated future liability to the City. However, information just recently
received stated that neither company willing to purchase the annuities would
be able to provide all of the benefit options currently outlined in our plan.
Therefore, staff is recommending the transfer of assets to ING to keep our plan in
effect and to give us some additional time to look at funding options in order to
close this plan out within the next few years. In the meantime, vested members
who do retire while under the ING contract will receive retirement benefit
annuities based on the plan provisions.
FINANCIAL IMPACT:
Executing a contract with ING to service the City's retirement plan will not
require any additional City funds at this time. However, staff will be reviewing
outstanding annuity purchase issues, planning how to fund the existing annuity
purchase requirement, and monitoring the cost of purchasing annuities for
ss
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Mayor and City Council
December 9, 2005
Page 4
.
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remaining liabilities under the option to eventually terminate the plan. As
previously indicated, based on current estimates, the City will need to need to
pay an estimated $130,000 to $140,000 to purchase annuities and pay related
administrative expenses to terminate the plan. This amount will change, based
on factors including ING I S return on invested funds, and the status of employees
covered under the plan. Funding options will be addressed in greater detail
during the Budgeting process.
56
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WOQ.QBURN
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December 9, 2005
TO: Honorable Mayor and City Council
FROM: John C. Brown, City Administrator
SUBJECT: Cancellation of December 26, 2005 Meeting
RECOMMENDATION:
It is recommended the City Council cancel its December 26,2005 meeting.
BACKGROUND:
Pursuant to City Charter, the City Council is required to meet regularly, at least
once a month. The Council usually meets twice monthly, and more often as
necessary, to conduct City business. The Council occasionally cancels a
meeting, due to holiday schedules or lack of business.
DISCUSSION:
December 26th is a City holiday. Because your second meeting in December
falls on December 26th, and because the 26th is a City holiday, it is
recommended your Council cancel that meeting. This action is consistent with
the Council's past practice of canceling meetings that fall on holidays, and
meetings that would otherwise be held on the fourth Monday in December.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
Agenda Item Review:
City Administra
--::r---
City Attorney _
Finance
57
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WOQ.DBURN
11,,{),,'~'rateJ '88'/
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December 12, 2005
TO: Honorable Mayor and City Council
FROM: John C. Brown, City Administrator
SUBJECT: Designation of City Administrator Pro Tern
RECOMMENDATION:
It is recommended the City Council appoint Public Works Director Frank Tiwari as
City Administrator Pro Tem from December 22,2005 through January 2,2006.
BACKGROUND:
Section 21 (e) of the City Charter provides, in part, that:
"Whenever the administrator is absent from the City, is temporarily
disabled from acting as administrator, or whenever his or her office
becomes vacant, the Council shall appoint an administrator pro tem, who
shall possess all the powers and duties of the administrator."
DISCUSSION:
I will be away from the office from December 22, 2005 through January 2, 2006.
To comply with the Charter, you should designate a city administrator pro tem.
Based on his capability and past performance serving in this function, it is
recommended that you appoint Public Works Director Frank Tiwari as
administrator pro tem during the period of my absence.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
Agenda Item Review:
City Adminlstro3 City Attorney IIri'J Finonce.&
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December 12, 2005
TO: Honorable Mayor and City Council through City Administrator
FROM: Naomi Zwerdling, Interim Community Development Director N..? .
SUBJECT: Community Development Director's Approval of Zoning Adjustment
05-02
RECOMMENDATION:
No action is recommended. This item is placed before the City Council for
information purposes in compliance with the Woodburn Development
Ordinance. The City Council may call up this item for review if it desires.
BACKGROUND:
On November 28, 2005, the Community Development Director approved the
applicant's zoning adjustment request to reduce the rear yard setback from 24
feet to 19.42 feet to allow for the expansion of an existing garage towards the
rear of the subject property. The subject property is polygon shaped and is a
corner lot at the intersection of Smith Drive and Workman Drive. The front of the
property faces Smith Drive creating a sideways lot orientation. The subject site is
located at 120 Smith Drive and further identified on Marion County Assessor
Maps as Township 5 South, Range 1 West, Section 18BB, Tax Lot # 2200.
The property is .23 acres in size with an existing single family dwelling. The
subject property is zoned Single Family Residential (RS) and designated for
Residential Less Than 12 Units Per Acre on the Woodburn Comprehensive Plan
Map. The surrounding properties are also zoned RS, designated for Residential
Less Than 12 Units Per Acre on the Woodburn Comprehensive Plan Map, and are
the location of single family dwellings.
The applicant is Brian Henry and the property owner is David Emmenegger.
DISCUSSION:
The applicant submitted an appeal on December 8, 2005 to the Community
Development Director's Approval of Zoning Adjustment 05-02. The applicant is
appealing the Community Development De artment's condition of approv 1
Agenda Item Review: City Administrat
City Attorney ~
Finane \
59
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Honorable Mayor and City Council
December 12, 2005
Page 2
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which states "The proposed garage expansion shall comply with the minimum 20-
foot setback from the property line adjacent to Workman Drive per Section
2.1 02.06.C.1.a.1" and the Public Works Department condition of approval #6
which states "The existing driveway approach to the site from Workman Drive is
currently missing a section near the property line creating a safety hazard. The
driveway approach shall either be removed or completed/repaired, complying
with city standards, prior to building permits being issued." A public hearing will
be held at the January 9,2005 City Council Meeting per Section 4.101.06.B of the
Woodburn Development Ordinance.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
60
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ATTACHMENT A
IN THE PLANNING COMMISSION OF WOODBURN, OREGON
ANNEXATION 04-02
ZONE CHANGE 04-02
DESIGN REVIEW 04-18
)
)
)
)
)
FINAL ORDER
WHEREAS, a request was made by the LOS Church, the applicant, to annex
9.62 acres of land into the City of Woodburn and change the zoning of the property from
Marion County "Urban Transition Farm" (UTF) to City of Woodburn "Commercial
General" (CG) located at 2045 Molalla Road. The applicant also requested design
review approval for a 25,000 square foot church facility, 300 square foot storage
building and 1,800 square foot pavilion (covered picnic shelter), and;
WHEREAS, the Planning Commission reviewed the matter at their meeting of
September 22, 2005, and;
WHEREAS, the Planning Commission considered the written and oral testimony
presented by staff, the applicant, and other interested persons, and;
./
WHEREAS, the Planning Commission closed the hearing, and;
WHEREAS, the Planning Commission moved to recommend that the City
Council approve Annexation 04-02, Zone Change 04-02 and Design Review 04-18 and
instructed staff to prepare findings and conclusions.
NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COMMISSION:
The Planning Commission hereby recommends that the City Council approve
Annexation 04-02, Zone Change 04-02 and Design Review 04-18, based on the
findings and conclusions contained in Exhibit "A", and subject to the conditions of
approval contained in Exhibit "8", which are attached hereto and by reference
incorporated herein and which the Planning Commission finds reasonable.
Approved: L~ ~
Claudio Lima, Chairpe~
lof3/oS-
, Date
ANNX 04-02, ZC 04-02 & DR 04-18
Page 1
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EXHIBIT "A"
FINDINGS & CONCLUSIONS
ANNEXATION 04-02
ZONE CHANGE 04-02
DESIGN REVIEW 04.18
I. APPLICATION INFORMATION:
Applicant:
LOS Church
ATTN: Mark Cottle
395 N. Sherwood
Sherwood, OR 97140
Property Owner:
Elroy Olson
10730 Portland Road NE
Brooks, OR 97305
Application Deemed Complete: February 1, 2005
120 Day Rule Deadline: Not Applicable
II. NATURE OF APPLICATION:
The applicant proposes to annex 9.62 acres of land into the City of Woodburn
and change the zoning of the property from Marion County "Urban Transition
Farm" (UTF) to City of Woodburn "Commercial General" (CG) located at 2045
Molalla Road. The applicant also requests design review approval for a 25,000
square foot church facility, 300 square foot storage building and 1,800 square
foot pavilion (covered picnic shelter).
III. RELEVANT FACTS:
The subject property is 9.62 acres in size and is located at 2045 Molalla Road. It
is identified specifically on Marion County Assessor Maps as Township 5 South,
Range 1 West, Section 8A, Tax Lot #5200, Lot #3 of the Woodburn Fruit Tracts.
The subject property is zoned Marion County "Urban Transition Farm" (UTF),
designated "Commercial" on the Woodburn Comprehensive Plan Map, and is the
location of an existing single family dwelling and shed. The properties located to
the west of the subject site are zoned City of Woodburn CG and Marion County
UTF, designated "Commercial" on the Woodburn Comprehensive Plan Map, and
are location of commercial uses. The properties located to the east of the
subject site are zoned Marion County UTF, designated "Commercial" on the
Woodburn Comprehensive Plan Map, and are location of a single family dwelling
and vacant land. The properties to the south of the subject site (across Highway
ANNX 04-02, ZC 04-02 & OR 04-18
Page 2
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211/Molalla Road) are zoned City of Woodburn Medium Density Residential
(RM), designated Residential> 12 Units Per Acre and are the location of single
family dwellings and a church under construction. The property located to the
north of the subject site is zoned Marion County "Exclusive Farm Use" (EFU), is
located outside of the Urban Growth Boundary and is the location of the
Maclaren Youth Correctional Facility.
No wetlands are located on the subject property and it is located outside of the
500 year floodplain.
IV . RELEVANT APPROVAL CRITERIA:
Annexation 04-02:
A. WOODBURN DEVELOPMENT ORDINANCE
Section 5.104.01 Annexation
B. WOODBURN COMPREHENSIVE PLAN
Zone Change 04-02:
A. WOODBURN DEVELOPMENT ORDINANCE
Section 5.104.04 Zoning Map Change; Owner Initiated
B. WOODBURN COMPREHENSIVE PLAN
Desian Review 04-18:
WOODBURN DEVELOPMENT ORDINANCE
Section 2.106 Commercial General (CG)
Section 3.101 Street Standards
Section 3.102 Utilities and Easements
Section 3.104 Access
Section 3.105 Off Streets Parking and Loading
Section 3.106 Landscaping Standards
Section 3.107 Architectural Design Guidelines and Standards
Section 5.103.02 Design Review for All Structures 1000 Sq. Ft. OR
MORE
V. FINDINGS:
Annexation 04-02:
A. Woodburn Develooment Ordinance
Section 5.104.01 Annaxation=
Section 5.104.01.0 Application Criteria
1. Annexation
ANNX 04-02, ZC 04-02 & DR 04-18
Page 3
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a. Findings showing compliance with applicable
Woodburn Comprehensive Plan goals and policies
regarding annexation, with the applicant bearing
responsibility for the burden of proof.
FINDING: Findings showing compliance with applicable Woodburn
Comprehensive Plan goals and policies are provided later in this report.
This approval criterion is satisfied.
b. Territory to be annexed
1) Shall be contiguous to the City of Woodburn; and
2) Shall either:
a) Link to master plan public facilities with
adequate capacity to serve development of
the uses and densities indicated by the
Woodburn Comprehensive Plan; or
b) Guarantee the facility linkages with
adequate capacity, financed by the
applicant.
FINDING: The west property line and south property line of the subject
site are contiguous to the City of Woodbum city limits. Water,
wastewater and storm sewer service can be provided to the subject site.
The site is currently being served by a storm sewer system regulated by
ODOT. The existing sanitary sewer main in Highway 211 can be utilized
to provide wastewater service to the development. This is an abandoned
force main being converted to a gravity sewer system by the city. The
city has done some rehabilitation work on the system, however, further
rehabilitation may be required to meet current standards prior to being
put into service. The applicant is proposing to connect to the existing
12" diameter water main on the south side of Highway 211. The main is
adjacent to the Woodburn Crest Estates Subdivision only and is a dead
end system being served by an 8" diameter main from June Way. To
ensure proper fire flows and fire protection, the 12" diameter main in
Highway 211 will be looped to the existing 12" diameter water main near
the northeast corner of the Safeway site as shown on the applicant's site
plan. The applicant states that lithe applicant will pay for all linkage and
capacity issues." This approval criterion is satisfied.
c. Annexations shall show a demonstrated community need
for additional territory and development based on the
following considerations:
ANNX 04-02, ZC 04-02 & DR 04-18
Page 4
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FINDING: The applicant's annexation request should be
approved because the following considerations discussed below
are met.
1) Lands designated for residential and community
uses should demonstrate substantial
conformance to: a), b), and e) and at least one of
c) (i), c (ii) or d), as stated below;
a) Infill. The territory to be annexed should be
contiguous to the City on two or more
sides;
FINDING: The west property line and south property
line of the subject site are contiguous to the City of
Woodburn city limits.
b) Residential Buildable Land Inventory. The
territory to be annexed should not increase
the inventory of buildable land designated
on the Comprehensive Plan as Low or High
Density Residential within the City to more
than a 5-year supply;
FINDING: The property to be annexed will not
increase the inventory of buildable land on the
Comprehensive Plan as Low or High Density
Residential within the City to more than a 5-year
supply because a church is proposed on the subject
site instead of a residential development.
c) Street Connectivity. It is feasible for
development of the site to either:
(i) Complete or extend the
arterial/collector street pattern as
depicted on the Woodburn
Transportation System Plan; or
FINDING: Highway 211, classified as a major arterial
in the Woodburn Transportation System Plan, abuts
the south side of the subject site and is under the
jurisdiction of the Oregon Department of
Transportation (OOOT). ODOT commented
".. .Generally, the applicant will have to apply for and
ANNX 04-02, ZC 04-02 & DR 04-18
Page 5
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obtain an approach road permit from ODOT for
access to the state highway. ODOT will require
improvements to the property frontage (curb, gutter,
sidewalk) consistent with the City's Transportation
System Plan, which designates OR 211 in this area
as a major arterial. The standard section for a major
arterial is five lanes, however, the TSP indicates that
OR 211 is envisioned as either 3 or 5 lanes east of
OR 99E. Since the existing highway is 3 lanes and
recent improvements farther to the west have been
for a 3-lane section, our expectation is that a 3-lane
section will be sufficient in this area. The approach
road permit will specify the requirements for the
location and design of the access to the property and
frontage improvements..."
e) Reinforcement of Public Investment. The
territory proposed for annexation should
reflect the City's goals for directing growth
by using public facility capacity that has
been funded by the City's capital
improvement program;
FINDING: The Public Works Department stated that
the City's water and wastewater facilities, funded
through the City's capital improvement program, have
adequate capacity to provide services to the proposed
development. Any site specific capacity issues will be
upgraded by the developer.
B. Woodburn Comprehensive Plan
IX. Goals and Policies
O. Annexation Goals and Policies
0-1. The goal is to guide the shape and geographic area of the City
within the urban growth boundary so the City limits;
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.
ANNX 04-02, ZC 04-02 & DR 04-18
Page 6
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0-2. 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.
FINDING: Annexation of the subject property is consistent with the
above goals because water, wastewater and storm sewer service can be
provided to the subject site. The applicant states that "the applicant will
pay for all linkage and capacity issues...The Church is committed to
paying all costs associated with the development of the site so the City is
not burdened with its impact."
0-3. 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.
b. Providing the opportunity for the urban in-fill of vacant and
under utilized property that is currently unincorporated and
surrounded by the City.
c. 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: Annexation of the subject property is consistent with the
above goals because the applicant's proposed church use will provide a
service to the community. Water, wastewater and storm sewer service
can be provided to the subject site. The applicant states that "the
applicant will pay for all linkage and capacity issues." The proposed
development will provide a needed church service to the community.
Zone Chanae 04-02:
Woodburn Development Ordinance
Section 5.104.04 Zoning Map Change; Owner Initiated
Section 5.104.04.C Criteria.
ANNX 04-02, ZC 04-02 & DR 04-18
Page 7
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1.
Evidence proving a need for the proposed use and the
other permitted uses within the proposed zoning
designation.
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FINDING: The applicant is proposing a church use on the subject
property which is a permitted use in the CG zone. The CG zone is
consistent with the Commercial land use designation for the subject
property as shown on the Woodburn Comprehensive Plan Map.
2. Evidence that the subject property best meets the need
relative to other properties in the existing developable land
inventory already designated with the same zone
considering size, location, configuration, visibility and
other significant attributes of the subject property.
FINDING: The applicant is not proposing to change the zoning on
the subject site from one city zoning designation to another.
Rather, the applicant is proposing to change the zoning
designation on the subject property from a Marion County zoning of
"Urban Transition Farm" (UTF) to a City of Woodburn zoning of
"Commercial General" (CG) as required by the annexation process.
The proposed CG zoning on the subject property is consistent with
the Commercial land use designation of the Woodburn
Comprehensive Plan. This approval criterion is met.
B. Woodburn Comorehensive Plan
FINDING: Applicable goals and policies have been satisfied through the
implementation of the Woodburn Development Ordinance and other
applicable ordinances in affect at the time of approval. The designated
land use for the property is Commercial on the Comprehensive Plan Map
which is consistent with the proposed Commercial General zone
designation.
Desian Review 04-18:
WOODBURN DEVELOPMENT ORDINANCE
Section 2.106 Commercial General (CG)
Section 2.106.01 Permitted Uses
The following uses, when developed under the applicable
development standards of the WDO, are permitted in the CG zone.
P. Other Services
ANNX 04-02, ZC 04-02 & DR 04-18
Page 8
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11. Religious, civic and social organizations. (813)
FINDING: The applicant is proposing a church which is an outright
permitted use in the CG zone. This approval criterion is met.
Section 2.106.05 Dimensional Standards
FINDING: A proposed 300 square foot storage building on the east side
of the subject site and 1 ,800 square foot pavilion (picnic shelter) are
proposed on the north side of the subject site. These accessory
structures are reviewed below in conjunction with the main church building
because accessory buildings that are used for a non residential use have
the same setback and height requirements as the primary building/use per
Section 2.202.02.
The following dimensional standards shall be the minimum
requirements for all development in the CG zone.
A. Lot Standards.
Lots in a CG zone shall comply with the applicable standards of
Table 2.1.10.
TABLE 2.1.10 Lot Standards for Uses in a CG Zone
In a CG zone the lot area for a non-residential use shall be adequate to
contain all structures within the required setbacks. There shall be no
minimum width or depth.
FINDING: The proposed buildings and parking lot meet the required front
and interior yard setbacks as discussed later in this report. This approval
criterion is met.
B. Building Height.
The maximum height of buildings shall not exceed 70 feet, EXCEPT
chimneys, spires, domes, flag poles and other features not used for
human habitation (EXCEPT telecommunication facilities), shall not
exceed 100 feet.
FINDING: The highest height of the buildings will be 32 feet which meets
the 70 foot maximum height allowed in the CG zone. The maximum
height of the steeple is 70 feet which also meets the 70 foot maximum
height allowed in the CG zone. This approval criterion is met.
ANNX 04-02, ZC 04-02 & DR 04-18
Page 9
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C. Setback and Buffer Improvement Standards.
1. Front Yard Setback and Setback Abutting a Street:
a. Dimensions:
1) The minimum setback abutting a street shall be 15
feet plus any Special Setback, Section 3.103.05.
FINDING: Highway 211 is classified as a major arterial in the
Woodburn Transportation System Plan (TSP). A major arterial is
required to have a 65 foot special setback (50 foot special setback
plus the required 15 foot front yard setback) from the centerline of
the street. The applicant's proposed buildings are located over 140
feet from the front property line which far exceeds the required 65
foot special setback requirement from the centerline of Highway
211.
b. Off Street Parking and Maneuvering:
1) Off street parking and storage shall be prohibited
within a required setback.
FINDING: No parking or storage is proposed to be located in the
65 foot special setback from the centerline of Highway 211. This
approval criterion is met.
c. Clear Vision Area: Fences, walls, landscaping and signs
shall be subject to clear vision area standards, Section
3.103.10.
FINDING: The applicant is not proposing to place the above listed
items in the required 10 foot vision clearance triangle at the access
driveway on Highway 211.
2. Interior Side and Rear Yard Setbacks.
a. Development in a CG zone shall be subject to the
setback and buffer requirements of Table 2.1.11.
(See Table on the next page.)
ANNX 04-02, ZC 04-02 & DR 04-18
Page 10
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TABLE 2.1.11
Interior Yard and Buffer Standards for CG Zones
Abutting Property
Setback
Landscaping
Wall Interior
CO, CG, DOC, P/SP or
IL zone
There is no buffer yard
landscaping requirement for
an interior yard abutting a
buffer wall.
Solid brick or architectural 10ft.
wall with antl-graffltl surface,
no less than 6 feet or
greater than 7 feet in
height.
Alternative A: Alternative A:
RS, RIS, or RM zone
There is no buffer yard
landscaping requirement for
an interior yard abutting a
buffer wall.
Wall requirement shall be 5 ft.
determined in conjunction
with the applicable Design
Review Process.
Alternative B:
Alternative B:
No wall required.
Zero setback
abutting a
building wall.
FINDING: The abutting property to the north is located in Marion County
and is zoned "Exclusive Farm Use" (EFU). A 5 foot interior yard setback
is required on the north side of the subject site. The proposed
development is located over 130 feet from the north property line which
meets the 5 foot interior yard setback requirement. The property located to
the west of the subject site is zoned "Commercial General" which requires
a 5 foot interior yard setback. The applicant's proposed parking facilities
and buildings are located over 80 feet from the west property line which
meets the 5 foot required interior yard setback requirement. The abutting
properties located to the east of the subject site are zoned Marion County
"Urban Transition Farm." The applicant's proposed parking facilities and
buildings are located over 39 feet from the east property line which meets
the 5 foot required interior yard setback requirement.
A wall is not required on the west property line because the applicant is
proposing an access road along the west side of the subject site that can
be shared with the properties located to the west of the applicant's
property. The properties located to the west of the subject site are the
location of commercial uses that are compatible with the applicant's
proposed church use. The property located to the north of the subject
site is located outside of the city limits and urban growth boundary, is
zoned Marion County EFU, and is the location of a correctional facility.
Fencing is already located on the north property line of the subject site.
The properties located to the east of the subject site are zoned Marion
County UTF, designated "Commercial" on the Woodburn Comprehensive
Plan Map, and are location of a single family dwelling and vacant land.
ANNX 04-02, ZC 04-02 & DR 04-18
Page 11
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The applicant is proposing a 6 foot chain link fence along the east property
line of the subject site where the building and parking facilities are located.
A condition of approval is that a 6 foot chain link fence, subject to the
vision clearance standards in Section 2.202.03, shall be constructed on
the east property line of the subject site prior to final occupancy. The
applicant is proposing a significant amount of landscaping on the east side
of the subject site and on the front portion of the subject site adjacent to
the residential dwelling. The proposed building setbacks, landscaping and
chain link fence will be sufficient to buffer the surrounding properties from
the proposed development. This approval criterion is met.
b. The building setback from a private access easement
shall be a minimum of 5 feet.
FINDING: No private access easements are proposed. This
approval criterion is met.
c. Off street parking, Maneuvering and Storage:
Off street parking and storage shall be prohibited within
a required setback.
FINDING: No parking, maneuvering or storage is proposed in a required
setback. This approval criterion is met.
./
Section 2.106.06 Development Standards
All development in the CG zone shall comply with the applicable
provisions of the WDO. The following standards specifically apply to
uses in the CG zone.
D. Signs.
Signs shall be subject to Section 3.110.
FINDING: The applicant shows a 13.92 square foot stone wall sign on the
north side of the proposed church building which meets the maximum
allowable wall sign area of 133 square feet. Any other signs that are
proposed in the future will be subject to Section 3.110.
E. Landscaping and Sidewalks.
1. The street frontage of a subject property shall be improved
with either property line sidewalks and street trees or curb line
sidewalks. The improvement shall be determined at the time
of subdivision, PUD or design review as applicable. Sidewalks
ANNX 04-02, ZC 04-02 & DR 04-18
Page 12
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and trees shall be installed by the property owner to the
standards of Section 3.101 and 3.106.
FINDING: Highway 211 and the required street improvement, including
sidewalks, are under the jurisdiction of the Oregon Department of
Transportation (ODOT). The subject site possesses approximately 440
feet of frontage abutting Highway 211. The submitted landscaping plan
shows 36 "Red Alder" trees (Alnus rubra) , classified as a large tree
according to Section 6.103. Eight large trees are required for 440 feet of
frontage. The applicant is proposing to far exceed the 8 large street tree
requirement. This approval criterion is met.
3. Common refuse collection facilities shall be screened on all
sides by an architectural block wall and solid gate, both with
an antl-graffitl surface, a minimum of six feet and a maximum
of seven feet in height.
FINDING: The applicant is proposing a brick wall 6 feet in height, sealed
with brick sealer to resist graffiti, around the refuse collection facility. The
trash enclosure will have a solid metal gate. This approval criterion is met.
Section 3.101 Street Standards
Section 3.101.02 General Provisions
B. 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.
1. 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.
D. 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...
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2. Boundary Street Standard. (Figure 6.12)
a. Right of Way Standard. The full right of way for the
subject street classification, Section 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.
b. 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.
J. Sidewalks. All sidewalks shall be a minimum of 5 feet wide,
excluding the curb, and located one foot from the right of way line
EXCEPT in the DOC Zone or as otherwise approved by variance.
Section 3.101.03 Right of Way and Improvement Standards (Figure 8.9)
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 WI Parking Both Sides "Skinny" Street; Local Residential
WI Parking One Side -"Skinny" Street; and Local Residential Street
WI No Parking. (See Figure 6.6)
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FINDING: An access permit from the City of Woodburn is not required for the
proposed driveway access to the church because Highway 211, the boundary
and connecting street, is under the jurisdiction of the Oregon Department of
Transportation and will be subject to the requirements of OAR 734-051. ODOT
commented "...Generally, the applicant will have to apply for and obtain an
approach road permit from ODOT for access to the state highway. ODOT will
require improvements to the property frontage (curb, gutter, sidewalk) consistent
with the City's Transportation System Plan, which designates OR 211 in this area
as a major arterial. The standard section for a major arterial is five lanes,
however, the TSP indicates that OR 211 is envisioned as either 3 or 5 lanes east
of OR 99E. Since the existing highway is 3 lanes and recent improvements
farther to the west have been for a 3-lane section, our expectation is that a 3-Iane
section will be sufficient in this area. The approach road permit will specify the
requirements for the location and design of the access to the property and
frontage improvements..." This criterion will be met.
Section 3.102 Utilities and Easements
Section 3.102.01 Water, Sanitary Sewer and Storm Drainage Facilities
Municipal water, sanitary sewer and storm drainage facilities shall be
installed to applicable Public Works Department and state standards.
FINDING: Water, wastewater and storm sewer service can be provided to the
subject site. The site is currently being served by a storm sewer system
regulated by ODOT. The existing sanitary sewer main in Highway 211 can be
utilized to provide wastewater service to the development. This is an abandoned
force main being converted to a gravity sewer system by the city. The city has
done some rehabilitation work on the system, however, further rehabilitation may
be required to meet current standards prior to being put into service. The
applicant is proposing to connect to the existing 12" diameter water main on the
south side of Highway 211. The' main is adjacent to the Woodburn Crest
Subdivision only and is a dead end system being served by an 8" diameter main
from June Way. To ensure proper fire flows and fire protection, the 12" diameter
in Highway 211 will be looped to the existing 12" diameter water main near the
northeast corner of the Safeway site as shown on the applicant's site plan. A
minimum 16 foot wide easement shall be conveyed to the City of Woodburn for
the on-site city maintained water system. The applicant states that "the applicant
will pay for all linkage and capacity issues." This approval criterion is satisfied.
A. Public Utility Easements (PUE).
Five foot wide public utility easements (i.e., easements for natural
gas lines and for electric and telecommunications wire or cable
service) shall be dedicated along each lot line abutting a public
street. At the time of tentative approval, utilities may request
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dedication of a public utility easement within a reciprocal access
easement or centered along specified rear lot line in those zones
where zero setback is not permitted.
FINDING: Any public municipal water, sanitary sewer and storm drainage utility
easement dedications required by the proposed development will be subject to
the requirements of the Public Works Department and the WDO.
B. Creeks and Watercourse Maintenance Easements.
FINDING: There are no creeks or watercourses on the subject property for which
maintenance easements will be required. This approval criterion is met.
Section 3.104. 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.
FINDING: The applicant is proposing a driveway access to the subject
site from Highway 211. This approval criterion is met.
B. Access to City Streets, Permit Required.
2. 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 Woodburn Transportation Manager indicated that the
proposal would not require a TIA because the proposed development
is not anticipated to 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.
C. Access to State Streets, Highways, and Interchanges.
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Access to a transportation facility under the jurisdiction of the
Oregon Department of Transportation (ODOT) shall be subject to the
requirements of OAR 734-051.
FINDING: The Oregon Department of Transportation commented that the
applicant will have to apply for and obtain an approach road permit from
ODOT for access to the state highway.
Section 3.104.03 Driveway Access Guidelines, Type II and III Applications
Section 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.
a. 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 36 foot wide paved two-way
driveway width which meets the 26 foot minimum and 36 foot
maximum driveway width requirement.
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 proposed site plan shows the driveway crossing the setback to be
perpendicular to the setback. This approval criterion is met.
Section 3.104.03.A.2 Joint/Shared Access.
c. Medium density residential, commercial, industrial uses and other
development subject to Type II or III Design Review located on the
same lot, or on abutting lots, that abut a Major Arterial, Minor
Arterial, or Service Collector should be designed to share access to
those streets...
d. Shared/Joint Access Agreements. Shared access agreements
serving properties under separate ownership shall be subject to
legal documentation, to the satisfaction of the City Attorney,
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establishing permanent use of the access. The agreement shall be
recorded with the County Recorder and filed with the Community
Development Director.
FINDING: The subject site and the adjacent commercial properties to the west
are located on Highway 211 which is classified in the Woodburn Transportation
System Plan as a Major Arterial. The proposed use and abutting uses to the
west should share access to Highway 211. A condition of approval is that the
applicant shall provide a shared/reciprocal access easement agreement for the
proposed driveway on the subject site with the properties located to the west to be
reviewed and approved by the legal department per Section 3.104.03.A.2.d prior to
the issuance of the building permit. The agreement shall be recorded with the
County Recorder and filed with the Community Development Director.
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 25,000 square foot building on the subject site is
required to meet all of the requirements in this section of the WDO.
Section 3.105.02 General Provisions for Off Street Parking and Loading
E. Off Street Vehicle Parking Requirements.
1. Off street vehicle parking spaces shall be provided in amounts
not less than those set forth in Table 3.1.2.
FINDING: The parking requirement for the site is 272 spaces: 1 space per
35 square feet of gross floor area of the primary assembly room (9,508
square feet of primary assembly room). The submitted site plan shows a
tatal of 292 spaces to be provided. This approval criterion is met.
3. 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.
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FINDING: The submitted site plan shows 7 disabled person vehicle
parking spaces provided which meets the 7 disabled person vehicle
parking spaces required for parking lots containing 201-300 spaces per
the Uniform Building Code. This criterion is met.
G. 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.
FINDING: According to Table 3.1.3, the proposed church is required to
have two loading spaces measuring 30 in depth and 12 feet in width with
14 feet of clearance. The submitted site plan shows two 12 foot by 30 foot
loading spaces on the north side of the proposed parking facilities. This
approval criterion is met.
H. On-site Vehicle Parking and Loading Area Improvement
Requirements.
1. 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 all vehicle parking
and loading areas. This approval criterion is met.
2. Drainage. All vehicle parking and loading areas shall be
graded and provide storm drainage facilities approved by the
Public Works Director.
FINDING: Vehicle parking and loading areas will be graded to
provide storm drainage facilities as approved by the Public Works
Director.
3. 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.
FINDING: Bumper guard and wheel barriers are not necessary for
the proposed parking spaces because none of the parking spaces
abut a building, or rights of way. In addition, the walkways are wide
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enough (minimum of 6 feet) to allow for the overhang of vehicles.
This approval criterion is met.
4.
Size of Vehicular Parking Spaces and Maneuvering Areas
within Off Street Parking Areas.
a. 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 has submitted a site plan showing 292
parking spaces, which include 7 disabled parking spaces. The
disabled parking spaces are not subject to Table 3.1.4. The parking
spaces have been designed at a 450 angle with a minimum width of
9 feet, minimum stall depth of 20 feet, and minimum 2-way aisle
width of 24 feet. Off street parking and maneuvering areas with
these dimensions meet the minimum 9-foot width, 19-foot stall
depth and 24-foot 2-way aisle width required by Table 3.1.4.
These standards are met.
<
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c. 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 required to provide 7 disabled person
vehicular parking spaces. Compliance with the State and Federal
design standards will be reviewed when the building permit is
submitted. This approval criterion will be met.
5. 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: The applicant is not proposing directional markings and
signs to control movement because all traffic is proposed to be two-
way traffic.
6. Space Marking. EXCEPT for vehicle parking areas for single
family and duplex dwellings, off street parking spaces shall be
delineated by double parallel lines on each side of a space.
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The total width of the lines shall delineate a separation of 2
feet.
FINDING: The applicant has submitted a site plan showing parking
spaces delineated by double parallel lines with a 2-foot separation,
which complies with the above requirement.
8. 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 submitted an electrical site plan showing
that all outdoor lighting is contained on the subject site. This
approval criterion is met.
9. 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: Compliance with landscaping requirements is discussed
in Section 3.106 of this report.
10. On-site Bicycle Parking Requirements. All uses required to
provide 10 or more off street parking spaces shall provide a
bicycle rack within 50 feet of the main entrance. The number
of required rack spaces shall be one plus one per ten vehicle
parking spaces, with a maximum of 20 rack spaces.
FINDING: The required off street parking for the site is 292 parking
spaces which requires 20 bicycle parking spaces. The site plan
shows 5 bicycle parking spaces adjacent to each side of the south-
east and south-west entrances to the building for a total of 20
bicycle parking spaces. This approval criterion is met.
I. Joint Use Vehicle Parking.
1. A parking area may be used for a loading area during those
times when the vehicle parking area is not in use for parking.
FINDING: The applicant is proposing to use parking spaces located on
the north side of the subject site for their loading area. The applicant
stated in their submitted narrative that "If any loading occurs, it will not
occur during hours of operation." The above stated approval criterion will
be met.
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Section 3.106 Landscaping Standards
Section 3.106.01 Applicability
The provisions of this section shall apply:
A. To the site area for all new structures and related parking
EXCLUDING single-family and duplex dwellings and accessory
structures; and
B. 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.
FINDING: The applicant submitted a landscaping plan in conjunction with this
proposal. Compliance with the requirements of Section 3.106 is discussed
below.
Section 3.106.02 General Requirements
A. 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 landscaping plan in conjunction with
this proposal. A condition of approval is that an irrigation plan be provided
to the Community Development Department for review and approval prior
to the issuance of the building permit. This criterion is met.
B. 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: The applicant states that irrigation will be provided for all of the
proposed landscaping. All of the landscaping on the site is required to be
irrigated. A condition of approval is that prior to issuance of the building
permit, a final irrigation plan shall be submitted showing irrigation to all of
the proposed landscaping on the site.
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E. Maintenance.
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 for all landscaping located
on the subject site.
Section 3.106.03 Landscaping Standards
A. Streetscape.
1. 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
occupancy.
a. Acceptable Types of Trees. See Section 6.103 for a
description of acceptable and unacceptable trees for
this purpose, classified by size and species.
b.
Tree Density. Trees shall be planted to 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 subject site possesses approximately 440 feet of frontage
abutting Highway 211. The submitted landscaping plan shows 36 "Red
Alder" trees (Alnus rubra) which are classified as a large tree according to
Section 6.103. Eight large trees are required for 440 feet of frontage.
The applicant is proposing to far exceed the 8 large street tree
requirement. This approval criterion is met.
2. Front Yard and Yard Abutting a Street.
a. Landscaping Density for non-residential uses in the RS
and R1 S zone and all uses in the RM, P, IL and IP zones.
All front yards and yards abutting a street shall be
ANNX 04-02, ZC 04-02 & DR 04-18
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landscaped at a density of one (1) plant unit (PU) per 20
sq. ft.
FINDING: Approximately 3,903 Plant Units (PU) are required in the front
yard of the subject site to meet the 1 PU per 20 square foot requirement.
The applicant is proposing to provide 79, 170 Plant Units in the front yard
of the subject site which far exceeds the 1 PU per 20 square foot front
yard landscaping requirement. 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.
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FINDING: Commercial uses are located to the west of the subject site.
The proposed church use and abutting commercial uses are compatible
so no buffer yard landscaping is required on the west side of the subject
site. The property located to the north of the subject site is zoned Marion
County "Exclusive Farm Use" (EFU), is located outside of the Urban
Growth Boundary and is the location of the Maclaren Youth Correctional
Facility. Buffer yard landscaping is not necessary between the proposed
church use and the correctional facility because the church use is not
more intensive than the correctional facility use. The abutting properties
located to the east of the subject site are zoned Marion County "Urban
Transition Farm." A single family dwelling and vacant land are located on
the properties located to the east of the subject site. A buffer yard is
necessary between the church use and the single family dwelling use
because the church use is a more intensive use than the dwelling use.
Approximately 1,400 plant units are required in the buffer yard on the east
side of the site to meet the 1 plant unit per 20 sq. ft. requirement. The
applicant is proposing 18,205 plant units in the buffer yard on the east side
of the site which far exceeds the 1,400 plant unit requirement. This
approval criterion is met.
C.
Off Street Parking Areas.
1. All unpaved land within the off street parking area, and within
20 feet of the paved edge of off street parking and/or
circulation improvements, shall be landscaped in the following
proportionA~
a. RM, CO and CG zones: Landscaped area(s) equivalent
to 20% of the paved surface area for off street parking
and circulation.
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FINDING: Approximately 26,100 square feet of landscaping is required
within the parking and circulation facilities to meet the landscaping
equivalent to 20% of the paved surface area requirement listed above.
The applicant is proposing approximately 41,050 square feet of
landscaping in the paved parking area and within 20 feet of the edge of
the off street parking improvements which exceeds the 26,100 square feet
of landscaping required for the parking area. This approval criterion is
met.
E. Yards.
The entire yard area of a property, EXCLUDING areas subject
to more intensive landscaping requirements and all yards of
residential uses in a RS or R1 S zone, shall be landscaped to a
standard of at least one (1) plant unit (PU) per 50 square feet
prior to final occupancy.
FINDING: Approximately 7,500 plant units are required on the yard area
of the subject site to meet the 1 plant unit per 50 square feet requirement
listed above. The applicant is proposing over 121,373 plant units in the
yard areas of the subject site which far exceeds the 7,500 plant unit
requirement. This approval criterion is met
Section 3.106.05 Planting Standards
;
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B. Curbs.
A six-inch concrete curb shall be provided between a landscaped
area and a parking area or access way.
FINDING: The submitted site plan shows a 6-inch concrete curb between off
street parking and circulation areas and the landscaped areas on the site. This
approval criterion is met.
Section 3.107
Architectural Design Guidelines and Standards
Section 3.107.06 Guidelines and Standards for Non-Residential
Structures in RS, R1 S, 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, R1 S, RM, CO, CG and
P zones.
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FINDING: The House of Worship facility, including the proposed main
church building, proposed storage building and pavilion, are non-
residential structures proposed within the CG zone, and are subject to the
architectural design guidelines of Section 3.107.06.
B.
Architectural Design Guidelines.
1. Mass & Bulk Articulation Guidelines.
a. 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.
3) Variation in building materials and textures.
4) Arcades, awnings, canopies and/porches.
FINDING: The southern fa~ade of the proposed main church building
is visible from Highway 211. The north, west and east facades are
visible from the proposed parking areas on the subject site. The
submitted building elevations show the southern fa~ade offset iaterally
by a 15 foot structural protrusion and covered porch. The submitted
building elevations show the northern fa~ade offset laterally, by / a 19
foot structural protrusion and covered porch. The west and east sides
of the proposed building have 10 foot structural protrusions and
covered walkways. Brick columns and quoins accent all of the
proposed building facades of the main church building. Building
materials for the proposed main church building include brick and
stone. In addition. the structure incorporates public doorways and
passageways through the building. The proposed. 10 foot tall storage
building located to the east of the main church building is proposed to
be constructed with brick and roof shingles to match the main church
building. The pavilion has steel columns, vaulted ceiling and
composition shingles on the roof. These criteria are met.
2. Materials and Textures Guidelines.
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a. 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 inc,orporating the following:
1) At least 30% of the wall surface abutting a street
should be glass.
2) 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.
3) 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.
4) 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.
Fluorescent, "day-glo," or any similar bright color
should not be used on the building exterior.
FINDING: The south elevation of the subject site faces Highway 211.
Doors with windows and additional windows are located on the east
and west sides of the south main building fa98de. A series of arches in
the roof line, brick columns, brick quoins and a steeple will enhance
the visual interest of the south wall surface. The proposed building
materials include brick and stone which meet the design guidelines
listed above. The combination of the earth tone brick color and stone
will be aesthetically pleasing. The earth tone brick color will comprise
the majority of the building surface. The proposed colors and materials
are included on the materials sample board submitted in conjunction
with this application. The proposed 10 foot tall storage building located
to the east of the main church building will be constructed with brick
and roof shingles to match the main church building. The pavilion
(covered picnic shelter) has steel columns, a vaulted ceiling and
ANNX 04-02, ZC 04-02 & DR 04-18
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composition shingles on the roof which will match the proposed
buildings on the subject site. This design guideline is met.
3. Multi-planed Roof Guidelines.
a. The roof line at the top of a structure should establish a
distinctive top to the building.
b. 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.
2) Changes In the height of the exterior wall for flat roof
buildings, Including parapet walls with variations in
elevation and/or cornices.
FINDING: The roof of the main church building, storage building and
pavilion are arched. The proposed steeple provides for an offset in the
plane of the roof of the main church building. The porches and
covered walkways on the main church building also provide for offsets
in the plane of the roof. This design guideline is met.
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4. Roof Mounted Equipment Guidelines. All roof mounted
equipment, EXCEPT solar collectors, should be screened from
public view from streets abutting the building site by:
a. Locating room mounted equipment below the highest
vertical element of the building; or
b. Screening roof top equipment using materials of the
same character as the structure's basic materials.
FINDING: The submitted elevations do not show any roof-mounted
equipment atop the proposed structure. Any future roof-mounted
equipment will be required to be screened in compliance with the
above criteria.
5. 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:
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a. 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.
3) A constant color and pattern scheme for all
buildings within the same development.
4) No internal back lighting.
FINDING: The applicant is proposing vestibules ranging in size from
48 square feet to 160 square feet on the main pedestrian entrances
located on the south, east and west sides of the main church building
to provide weather protection for pedestrians. Roof overhangs are
also proposed on all sides of the main church building to provide
weather protection for pedestrians. The main church building and
storage building are constructed with brick and matching roofing
materials to provide for a constant color and pattern scheme. The
pavilion is intended to provide for a cover (weather protection) for a
picnic area. No internal back lighting is proposed. This design
guideline is met.
6. Landscaping and Screening Guidelines. The landscaping
required by the standards of the WDO should be augmented to
address site specific visual impacts or abutting uses and the
visual character of the surrounding area.
FINDING: The applicant is proposing to far exceed the front yard
landscaping requirement, parking lot landscaping requirement, overall
site landscaping requirement, and buffer yard landscaping requirement
on all sides of the subject site as was previously discussed in this
report. This design guideline is met.
7. Buffer Wall. A solid brick or architectural wall with anti-graffiti
surface, no less than 6 feet or greater than 7 feet in height:
a. Should be constructed on the perimeter property line of
non-residential development to 'mitigate adverse visual,
ANNX 04-02, ZC 04-02 & DR 04-18
Page 29
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noise and/or light impacts on the abutting use when no
comparable buffer exists.
b. Shall be constructed where the standards of the
underlying zone require such a wall for non-residential
use in, or abutting, a RS, R1 s or RM zoning district.
FINDING: RS, R1S. and RM zoned properties do not abut the subject
site so a solid brick or architectural wall is not required on the subject
site as is specified in Table 2.1.11 of the CG zone.
8. Sidewalk location and Street Trees. Sidewalks should be
located at the property line along streets with street trees.
FINDING: Highway 211 is under the jurisdiction of the Oregon
Department of Transportation (OOOT) so the sidewalk requirement will
be determined through the OOOT permitting process. The subject site
possesses approximately 440 feet of frontage abutting Highway 211.
The submitted landscaping plan shows 36 "Red Alder" trees (Alnus
rubra) , classified as large trees according to Section 6.103. Eight
large trees are required for 440 feet of frontage. The applicant is
proposing to far exceed the 8 large street tree requirement.
9. Solar Access Protection. Obstruction of existing solar
collectors on abutting properties by development should be
mitigated.
FINDING: The proposed structure and landscaping will not impede
solar access on adjacent properties. This criterion is met.
C. Site and Building Access Guidelines.
1. 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.
2. Site access in compliance with Section 3.104 should be
augmented by the following considerations:
a. Vehicle Access.
1) 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.
ANNX 04-02, ZC 04-02 & DR 04-18
Page 30
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2) New parking lots abutting major streets should connect
internally with the parking lots of abutting commercial
uses or land zoned for commercial use.
b. Pedestrian Access and Circulation.
1) 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.
2) Parking areas should be designed in multiples of
no more than 50 spaces separated by landscaped
buffers or raised pedestrian ways in order to
minimize negative visual impacts associated with
expansive parking.
FINDING: The site plan shows a direct pedestrian access to the proposed
main church building and the storage building from the sidewalk abutting
Highway 211. Sidewalks are shown around the perimeter of the main
church building and to the storage building. A textured pedestrian warning
strip is located between the rear (north side) of the parking area to the
main church building to improve pedestrian safety within the parking area.
Landscape islands are located throughout the proposed parking area to
minimize negative visual impacts associated with expansive parking. The
applicant is proposing extensive landscaping on both sides of the
driveway access to the subject site to improve the visual interest of the
entrance to the subject property.
D. Building Location Guidelines.
Within the prescribed setbacks, building location and orientation
should compliment abutting uses and development patterns.
FINDING: The proposed main church building incorporates architectural
elements (columns, arches in the roofline and quoins), materials (brick
and stone) and earth tone coloration complementary to the surrounding
properties. The proposed main church building, storage building, pavilion
and parking are located over 180 feet from the front property line to soften
the visual impact of the buildings from Highway 211. The applicant is
proposing to exceed the front and interior yard setbacks required for the
proposed project so that an extensive amount of landscaping can be
provided on all sides of the buildings to improve the visual appeal of the
development. The applicant stated at the September 22 Planning
Commission Meeting that they will relocate the storage building and the
trash enclosure on the east side of the site to the west side of the subject
ANNX 04-02, ZC 04-02 & DR 04-18
Page 31
~
site to minimize the visual and noise impact from the property owner
located to the east of the subject site. The applicant recommended a
condition of approval be added to their project that allows the applicant to
work with staff to place the trash receptacle and storage unit on the west
side of the subject site. The Planning Commission concurred with the
applicant's request and a condition of approval has been added to this
report which states "Prior to building permit issuance, the applicant shall
submit a revised site plan to the Community Development Department for
review and approval showing the relocation of the trash receptacle and
storage unit to the west side of the site." This design guideline is met.
E. Parking location Guidelines.
Off street parking areas 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 applicant is not proposing to provide parking between the
architectural front of the building and the front setback line. This design
guideline is met.
F. Design Standards.
1. 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
7 feet in height.
2. Outdoor Lighting Standards. All outdoor lighting shall be
designed so that:
a. Parking areas are evenly illuminated at ground level at
one foot candle;
b. Entrance and loading areas are illuminated at ground
level of two foot candles;
c. Illumination does not shine or reflect into any adjacent
residentially zoned or used property;
d. Lighting does not cast a glare onto moving vehicles on
any publie street.
FINDING: The trash enclosure will be enclosed with a 6 foot brick wall and solid
metal door. A condition of approval requires the applicant to submit a lighting
plan to the Community Development Department showing compliance with
ANNX 04-02, ZC 04-02 & DR 04-18
Page 32
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Section 3.105.02.H.8 prior to building permit issuance. This approval criterion
will be met.
Section 5.103.02 Design Review for All Structures 1000 Sq. Ft. OR MORE
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.
VI. CONCLUSION AND RECOMMENDATION:
Based on the findings of fact contained herein, all relevant approval criteria
relating to approval of Annexation 04-02, Zone Change 04-02 and Design
Review 04-18 have been met. Therefore, the Planning Commission recommends
that the City Council approve Annexation 04-02, Zone Change 04-02 and Design
Review 04-18.
ANNX 04-02. ZC 04-02 & DR 04-18
Page 33
n
EXHIBIT "B"
CONDITIONS OF APPROVAL
COMMUNITY DEVELOPMENT DEPARTMENT:
Desian Review 04-18:
1. The proposed development shall be in substantial conformance with this
approval and the attached preliminary plans provided in Exhibit "A" (Site Plan
Sheet CO.3, Floor Plan Sheet COA, Exterior Elevations Sheets CO.5 and
CO.6, Utility Plan Sheet C2.0, Grading Plan Sheet C2.1, Erosion Control
Plan Sheet C2.2, Onsite Civil Details Sheet C3.0 and Planting Plans Sheets
L 1.1, L 1.2 and L 1.3 date stamped June 02, 2005), except as herein modified
by these conditions of approval.
2. The existing single family dwelling and accessory structure shall be removed
prior to final building occupancy.
3. A 6 foot chain link fence, subject to the vision clearance standards in Section
2.202.03. shall be constructed on the east property line of the subject site
prior to final occupancy.
4. The applicant shall provide a shared/reciprocal access easement agreement
for the proposed driveway with the properties located to the west to be
reviewed and approved by the legal department per Section 3.104.03.A.2.d
prior to the issuance of the building permit. The agreement shall be
recorded with the County Recorder and filed with the Community
Development Director.
5. 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.
6. Off-street parking for disabled persons shall be designed to the standards
of the state Building Code and applicable federal standards.
7. A final irrigation plan shall be submitted to the Community Development
Department for review and approval prior to issuance of building permits.
8. Prior to building permit issuance, the applicant shall submit a final lighting
plan showing that all outdoor lighting has been designed so that parking
areas are evenly illuminated at ground level at one foot candle. 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.
ANNX 04-02, ZC 04-02 & DR 04-18
Page 34
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9. All shrubs and ground cover shall be of a size upon installation so as to
attain 80% of ground coverage within 3 years. 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.
10. 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.
11. 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.
12. Prior to building permit issuance, the applicant shall submit a revised site
plan to the Community Development Department for review and approval
showing the relocation of the trash receptacle and storage unit to the west
side of the site.
PUBLIC WORKS DEPARTMENT:
GENERAL CONDITIONS:
13. Final plans shall conform to the construction plan review procedures and
standards.
14. The applicant, not the city, is responsible for obtaining permits from any
state and/or federal agencies which may require approval and/or permit.
15. Existing subsurface wastewater systems found to be on the site shall be
abandoned in accordance with state requirements.
16. All work within the public rights-of-way shall require plan approval and
permit issuance from the Public Works Department
17. Existing city maintained facilities on private property will require proper
easements to be conveyed to the city.
18. System Development fees shall be paid at the time of building permit
issuance.
SANIT ARY SEWER:
19. The existing sanitary sewer main on Highway 211 can be utilized to
provide wastewater service to the development. This is an abandoned
ANNX 04-02, ZC 04-02 & DR 04-18
Page 35
n
force main being converted to a gravity sewer system by the City. The City
has done some rehabilitation work on the system, however, further
rehabilitation may be required to meet current standards prior to being put
into service. As noted on the applicant's site plan, a portion of this cost as
determined by the Public Works Department will be the responsibility of
the applicant/property owner. .
WATER:
20. The applicant is proposing to connect to the existing 12 " diameter water
main on the south side of Highway 211. The main is adjacent to the
Woodburn Crest Subdivision only and is a dead end system being served
by an 8" diameter main from June Way. To ensure proper fire flows and
two system feeds for fire protection, the 12" diameter in Highway 211 shall
be looped to existing 12" diameter water main near the northeast corner of
the Safeway site as shown on the applicant's site plan.
21. Domestic, lawn irrigation and/or the fire sprinkler system, if installed, shall
require the installation of a proper type of backflow preventer. If the
existing on-site well is not abandoned in accordance with state
requirements, the level of protection will need to be upgraded. Contact
Larry Arendt, City of Woodburn Cross Connection Inspector, for the type
and installation requirements at 503-982-5283.
22. The on-site water main providing fire protection shall be a city maintained
looped system and shall be sized in accordance with the flow
requirements as shown on the applicant's site plan.
23. A minimum 16 foot wide easement shall be conveyed to the City of
Woodburn for the on-site city maintained water system.
ANNX 04-02, ZC 04-02 & DR 04-18
Page 36
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r,
ATTACHMENT B
CITY OF WOODBURN. OREGON
PLANNING COMMISSION
STAFF REPORT
September 22, 2005
ANNEXATION 04-02
ZONE CHANGE 04-02
DESIGN REVIEW 04-18
I. APPLICATION INFORMATION:
Applicant:
LOS Church
ATTN: Mark Cottle
395 N. Sherwood
Sherwood, OR 97140
Property Owner:
Elroy Olson
10730 Portland Road NE
Brooks, OR 97305
Application Deemed Complete: February 1, 2005
120 Day Rule Deadline: Not Applicable
II. NATURE OF APPLICATION:
The applicant proposes to annex 9.62 acres of land into the City of Woodburn
and change the zoning of the property from Marion County "Urban Transition
Farm" (UTF) to City of Woodburn "Commercial General" (CG) located at 2045
Molalla Road. The applicant also requests design review approval for a 25,000
square foot church facility, 300 square foot storage building and 1,800 square
foot pavilion (covered picnic shelter).
III. RELEVANT FACTS:
The subject property is 9.62 acres in size and is located at 2045 Molalla Road. It
is identified specifically on Marion County Assessor Maps as Township 5 South,
Range 1 West, Section BA, Tax Lot #5200, Lot #3 of the Woodburn Fruit Tracts.
The subject property is zoned Marion County "Urban Transition Farm" (UTF),
designated "Commercial" on the Woodburn Comprehensive Plan Map, and is the
location of an existing single family dwelling and shed. The properties located to
the west of the subject site are zoned City of Woodburn CG and Marion County
UTF, designated "Commercial" on the Woodburn Comprehensive Plan Map, and
are location of commercial uses. The properties located to the east of the
subject site are zoned Marion County UTF, designated "Commercial" on the
ANNX 04-02, ZC 04-02 & DR 04-18
Page 1
T
Woodburn Comprehensive Plan Map, and are location of a single family dwelling
and vacant land. The properties to the south of the subject site (across Highway
211/Molalla Road) are zoned City of Woodburn Medium Density Residential
(RM). designated Residential> 12 Units Per Acre and are the location of single
family dwellings and a church under construction. The property located to the
north of the subject site is zoned Marion County "Exclusive Farm Use" (EFU), is
located outside of the Urban Growth Boundary and is the location of the
Maclaren Youth Correctional Facility.
No wetlands are located on the subject property and it is located outside of the
500 year floodplain.
IV. RELEVANT APPROVAL CRITERIA:
Annexation 04-02:
A. WOODBURN DEVELOPMENT ORDINANCE
Section 5.104.01 Annexation
B. WOODBURN COMPREHENSIVE PLAN
Zone Change 04-02:
A. WOODBURN DEVELOPMENT ORDINANCE
Section 5.104.04 Zoning Map Change; Owner Initiated
B. WOODBURN COMPREHENSIVE PLAN
Design Review 04-18:
WOODBURN DEVELOPMENT ORDINANCE
Section 2.106 Commercial General (CG)
. Section 3.101 Street Standards
Section 3.102 Utilities and Easements
Section 3.104 Access
Section 3.105 Off Streets Parking and Loading
Section 3.106 Landscaping Standards
Section 3.107 Architectural Design Guidelines and Standards
Section 5.103.02 Design Review for All Structures 1000 Sq. Ft. OR
MORE
V. ANALYSIS:
Annexation 04-02:
A. Woodburn Development Ordinance
Section 5.104.01 Annexation:
Section 5.104.01.0 Application Criteria
ANNX 04-02. ZC 04-02 & DR 04-18
Page 2
T'
1. Annexation
a. Findings showing compliance with applicable
Woodburn Comprehensive Plan goals and policies
regarding annexation, with the applicant bearing
responsibility for the burden of proof.
STAFF COMMENT: Findings showing compliance with applicable
Woodburn Comprehensive Plan goals and policies are provided later in
this report. This approval criterion is satisfied.
b. Territory to be annexed
1) Shall be contiguous to the City of Woodburn; and
2) Shall either:
a) Link to master plan public facilities with
adequate capacity to serve development of
the uses and densities indicated by the
Woodburn Comprehensive Plan; or
b) Guarantee the facility linkages with
adequate capacity, financed by the
applicant.
STAFF COMMENT: The west property line and south property line of
the subject site are contiguous to the City of Woodburn city limits.
Water, wastewater and storm sewer service can be provided to the
subject site. The site is currently being served by a storm sewer system
regulated by ODOT. The existing sanitary sewer main in Highway 211
can be utilized to provide wastewater service to the development. This is
an abandoned force main being converted to a gravity sewer system by
the city. The city has done some rehabilitation work on the system,
however, further rehabilitation may be required to meet current
standards prior to being put into service. The applicant is proposing to
connect to the existing 12" diameter water main on the south side of
Highway 211. The main is adjacent to the Woodburn Crest Estates
Subdivision only and is a dead end system being served by an 8"
diameter main from June Way. To ensure proper fire flows and fire
protection, the 12" diameter main in Highway 211 will be looped to the
existing 12" diameter water main near the northeast corner of the
Safeway site as shown on the applicant's site plan. The applicant states
that "the applicant will pay for all linkage and capacity issues." This
approval criterion is satisfied.
ANNX 04-02, ZC 04-02 & DR 04-18
Page 3
.
c. Annexations shall show a demonstrated community need
for additional territory and development based on the
following considerations:
5T AFF COMMENT: The applicant's annexation request should
be approved because the following considerations discussed
below are met.
1) lands designated for residential and community
uses should demonstrate substantial
conformance to: a), b), and e) and at least one of
c) (i), c (Ii) or d), as stated below;
a) Infill. The territory to be annexed should be
contiguous to the City on two or more
sides;
5T AFF COMMENT: The west property line and south
property line of the subject site are contiguous to the
City of Woodburn city limits.
b) Residential Buildable land Inventory. The
territory to be annexed should not increase
the inventory of buildable land designated
on the Comprehensive Plan as low or High
Density Residential within the City to more
than a 5-year supply;
5T AFF COMMENT: The property to be annexed will
not increase the inventory of buildable land on the
Comprehensive Plan as Low or High Density
Residential within the City to more than a 5-year
supply because a church is proposed on the subject
site instead of a residential development.
c) Street Connectivity. It is feasible for
development of the site to either:
(i) Complete or extend the
arterial/collector street pattern as
depicted on the Woodburn
Transportation System Plan; or
STAFF COMMENT: Highway 211, classified as a
major arterial in the Woodburn Transportation System
Plan, abuts the south side of the subject site and is
ANNX 04-02, ZC 04-02 & DR 04-18
Page 4
.
under the jurisdiction of the Oregon Department of
Transportation (ODOT). ODOT commented
"...Generally, the applicant will have to apply for and
obtain an approach road permit from ODOT for
access to the state highway. OOOT will require
improvements to the property frontage (curb, gutter,
sidewalk) consistent with the City's Transportation
System Plan, which designates OR 211 in this area
as a major arterial. The standard section for a major
arterial is five lanes, however, the TSP indicates that
OR 211 is envisioned as either 3 or 5 lanes east of
OR 99E. Since the existing highway is 3 lanes and
recent improvements farther to the west have been
for a 3-lane section, our expectation is that a 3-lane
section will be sufficient in this area. The approach
road permit will specify the requirements for the
location and design of the access to the property and
frontage improvements... II
e) Reinforcement of Public Investment. The
territory proposed for annexation should
reflect the City's goals for directing growth
by using public facility capacity that has
been funded by the City's capital
improvement program;
STAFF COMMENT: The Public Works Department
stated that the City's water and wastewater facilities,
funded through the City's capital improvement
program, have adequate capacity to provide services
to the proposed development. Any site specific
capacity issues will be upgraded by the developer.
B. Woodburn Comprehensive Plan
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:
A. Define a compact service area for the City;
B. Reflect a cohesive land area that is all contained within the
City; and
ANNX 04-02, ZC 04-02 & DR 04-18
Page 5
C. Provide the opportunity for growth in keeping with the
City's goals and capacity to serve urban development.
0-2. 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.
STAFF COMMENT: Annexation of the subject property is consistent with
the above goals because water, wastewater and storm sewer service
can be provided to the subject site. The applicant states that "the
applicant will pay for all linkage and capacity issues.. .The Church is
committed to paying all costs associated with the development of the site
so the City is not burdened with its impact."
0-3. 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.
b. Providing the opportunity for the urban in-fill of vacant and
under utilized property that is currently unincorporated and
surrounded by the City.
c. 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.
ST AFF COMMENT: Annexation of the subject property is consistent with
the above goals because the applicant's proposed church use will
provide a service to the community. Water, wastewater and storm sewer
service can be provided to the subject site. The applicant states that
"the applicant will pay for all linkage and capacity issues." The proposed
development will provide a needed church service to the community.
Zone Change 04-02:
Woodburn Development Ordinance
Section 5.104.04 Zoning Map Change; Owner Initiated
Section 5.104.04.C Criteria.
ANNX 04-02, ZC 04-02 & DR 04-18
Page 6
~
1. Evidence proving a need for the proposed use and the
other permitted uses within the proposed zoning
designation.
8T AFF COMMENT: The applicant is proposing a church use on
the subject property which is a permitted use in the CG zone. The
CG zone is consistent with the Commercial land use designation for
the subject property as shown on the Woodburn Comprehensive
Plan Map.
2. Evidence that the subject property best meets the need
relative to other properties in the existing developable land
inventory already designated with the same zone
considering size, location, configuration, visibility and
other significant attributes of the subject property.
8T AFF COMMENT: The applicant is not proposing to change the
zoning on the subject site from one city zoning designation to
another. Rather, the applicant is proposing to change the zoning
designation on the subject property from a Marion County zoning of
"Urban Transition Farm" (UTF) to a City of Woodburn zoning of
"Commercial General" (CG) as required by the annexation process.
The proposed CG zoning on the subject property is consistent with
the Commercial land use designation of the Woodburn
Comprehensive Plan. This approval criterion is met.
B. Woodburn Comprehensive Plan
8T AFF COMMENT: Applicable goals and policies have been satisfied
through the implementation of the Woodburn Development Ordinance and
other applicable ordinances in affect at the time of approval. The
designated land use for the property is Commercial on the Comprehensive
Plan Map which is consistent with the proposed Commercial General zone
designation.
Desian Review 04-18:
WOODBURN DEVELOPMENT ORDINANCE
Section 2.106 Commercial General (CG)
Section 2.106.01 Permitted Uses
The following uses, when developed under the applicable
development standards of the WDO, are permitted in the CG zone.
ANNX 04-02, ZC 04-02 & DR 04-18
Page 7
'Irr
P. Other Services
11. Religious, civic and social organizations. (813)
STAFF COMMENT: The applicant is proposing a church which is an
outright permitted use in the CG zone. This approval criterion is met.
Section 2.106.05 Dimensional Standards
STAFF COMMENT: A proposed 300 square foot storage building on the
east side of the subject site and 1 ,800 square foot pavilion (picnic shelter)
are proposed on the north side of the subject site. These accessory
structures are reviewed below in conjunction with the main church building
because accessory buildings that are used for a non residential use have
the same setback and height requirements as the primary building/use per
Section 2.202.02.
The following dimensional standards shall be the minimum
requirements for all development in the CG zone.
A. Lot Standards.
Lots in a CG zone shall comply with the applicable standards of
Table 2.1.10.
TABLE 2.1.10 Lot Standards for Uses in a CG Zone
In a CG zone the lot area for a non-residential use shall be adequate to
contain all structures within the required setbacks. There shall be no
minimum width or depth.
STAFF COMMENT: The proposed buildings and parking lot meet the
required front and interior yard setbacks as discussed later in this report.
This approval criterion is met.
B. Building Height.
The maximum height of buildings shall not exceed 70 feet, EXCEPT
chimneys, spires, domes, flag poles and other features not used for
human habitation (EXCEPT telecommunication facilities), shall not
exceed 100 feet.
STAFF COMMENT: The highest height of the buildings will be 32 feet
which meets the 70 foot maximum height allowed in the CG zone. The
ANNX 04-02, ZC 04-02 & DR 04-18
Page 8
11
maximum height of the steeple is 70 feet which also meets the 70 foot
maximum height allowed in the CG zone. This approval criterion is met.
C. Setback and Buffer Improvement Standards.
1. Front Yard Setback and Setback Abutting a Street:
a. Dimensions:
1) The minimum setback abutting a street shall be 15
feet plus any Special Setback, Section 3.103.05.
STAFF COMMENT: Highway 211 is classified as a major arterial
in the Woodburn Transportation System Plan (TSP). A major
arterial is required to have a 65 foot special setback (50 foot special
setback plus the required 15 foot front yard setback) from the
centerline of the street. The applicant's proposed buildings are
located over 140 feet from the front property line which far exceeds
the required 65 foot special setback requirement from the centerline
of Highway 211.
b. Off Street Parking and Maneuvering:
1) Off street parking and storage shall be prohibited
within a required setback.
STAFF COMMENT: No parking or storage is proposed to be
located in the 65 foot special setback from the centerline of
Highway 211. This approval criterion is met.
c. Clear Vision Area: Fences, walls, landscaping and signs
shall be subject to clear vision area standards, Section
3.103.10.
STAFF COMMENT: The applicant is not proposing to place the
above listed items in the required 10 foot vision clearance triangle
at the access driveway on Highway 211.
2. Interior Side and Rear Yard Setbacks.
a. Development in a CG zone shall be subject to the
setback and buffer requirements of Table 2.1.11.
(See Table on the next page.)
ANNX 04-02, ZC 04-02 & DR 04-18
Page 9
-
TABLE 2.1.11
Interior Yard and Buffer Standards for CG Zones
Abutting Property
Setback
Landscaping
Wall Interior
RS. RIS, or RM zone
There is no buffer yard
landscaping requirement for
an interior yard abutting a
buffer wall.
Solid brick or architectural 10ft.
wall with anti-graffiti surface,
no less than 6 feet or
greater than 7 feet in
height.
CO. CG, DOC, P/SP or
IL zone
There is no buffer yard
landscaping requirement for
an interior yard abutting a
buffer wall.
Alternative A: Alternative A:
Wall requirement shall be 5 ft.
determined in conjunction
with the applicable Design
Review Process.
Alternative B:
Alternative B:
No wall required.
Zero setback
abutting a
building wall.
STAFF COMMENT: The abutting property to the north is located in
Marion County and is zoned "Exclusive Farm Use" (EFU). A 5 foot interior
yard setback is required on the north side of the subject site. The
proposed development is located over 130 feet from the north property
line which meets the 5 foot interior yard setback requirement. The property
located to the west of the subject site is zoned "Commercial General"
which requires a 5 foot interior yard setback. The applicant's proposed
parking facilities and buildings are located over 80 feet from the west
property line which meets the 5 foot required interior yard setback
requirement. The abutting properties located to the east of the subject site
are zoned Marion County "Urban Transition Farm." The applicant's
proposed parking facilities and buildings are located over 39 feet from the
east property line which meets the 5 foot required interior yard setback
requirement.
A wall is not required on the west property line because the applicant is
proposing an access road along the west side of the subject site that can
be shared with the properties located to the west of the applicant's
property. The properties located to the west of the subject site are the
location of commercial uses that are compatible with the applicant's
proposed church use. The property located to the north of the subject
site is located outside of the city limits and urban growth boundary. is
zoned Marion County EFU, and is the location of a correctional facility.
Fencing is already located on the north property line of the subject site.
ANNX 04-02. ZC 04-02 & DR 04-18
Page 10
w
The properties located to the east of the subject site are zoned Marion
County UTF, designated "Commercial" on the Woodburn Comprehensive
Plan Map, and are location of a single family dwelling and vacant land.
The applicant is proposing a 6 foot chain link fenc~ along the east property
line of the subject site where the building and parking facilities are located.
A condition of approval is that a 6 foot chain link fence, subject to the
vision clearance standards in Section 2.202.03, shall be constructed on
the east property line of the subject site prior to final occupancy. The
applicant is proposing a significant amount of landscaping on the east side
of the subject site and on the front portion of the subject site adjacent to
the residential dwelling. The proposed building setbacks, landscaping and
chain link fence will be sufficient to buffer the surrounding properties from
the proposed development. This approval criterion is met.
b. The building setback from a private access easement
shall be a minimum of 5 feet.
STAFF COMMENT: No private access easements are proposed.
This approval criterion is met.
c. Off street parking, Maneuvering and Storage:
Off street parking and storage shall be prohibited within
a required setback.
STAFF COMMENT: No parking, maneuvering or storage is proposed in a
required setback. This approval criterion is met.
Section 2.106.06 Development Standards
All development in the CG zone shall comply with the applicable
provisions of the WDO. The following standards specifically apply to
uses in the CG zone.
D. Signs.
Signs shall be subject to Section 3.110.
STAFF COMMENT: The applicant shows a 13.92 square foot stone wall
sign on the north side of the proposed church building which meets the
maximum allowable wall sign area of 133 square feet. Any other signs
that are proposed in the future will be subject to Section 3.110.
E. Landscaping and Sidewalks.
1. The street frontage of a subject property shall be improved
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with either property line sidewalks and street trees or curb line
sidewalks. The improvement shall be determined at the time
of subdivision, PUD or design review as applicable. Sidewalks
and trees shall be installed by the property owner to the
standards of Section 3.101 and 3.106.
STAFF COMMENT: Highway 211 and the required street improvement,
including sidewalks, are under the jurisdiction of the Oregon Department
of Transportation (ODOT). The subject site possesses approximately 440
feet of frontage abutting Highway 211. The submitted landscaping plan
shows 36 "Red Alder" trees (Alnus rubra) , classified as a large tree
according to Section 6.103. Eight large trees are required for 440 feet of
frontage. The applicant is proposing to far exceed the 8 large street tree
requirement. This approval criterion is met.
3. Common refuse collection facilities shall be screened on all
sides by an architectural block wall and solid gate, both with
an antl-graffiti surface, a minimum of six feet and a maximum
of seven feet in height.
STAFF COMMENT: The applicant is proposing a brick wall 6 feet in
height, sealed with brick sealer to resist graffiti, around the refuse
collection facility. The trash enclosure will have a solid metal gate. This
approval criterion is met.
Section 3.101 Street Standards
Section 3.101.02 General Provisions
B. 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.
1. 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.
D. 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
ANNX 04-02, ZC 04-02 & DR 04-18
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the approval of an exception, Section 5.103.12. In no instance may
standards be reduced below specified minimum, non-variable
standards. ..
2. Boundary Street Standard. (Figure 6.12)
a. Right of Way Standard. The full right of way for the
subject street classification, Sect/on 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.
b. 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.
J. Sidewalks. All sidewalks shall be a minimum of 5 feet wide,
excluding the curb, and located one foot from the right of way line
EXCEPT in the DOC Zone or as otherwise approved by variance.
Section 3.101.03 Right of Way and Improvement Standards (Figure 6.9)
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
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.
Residential WI Parking Both Sides "Skinny" Street; Local Residential
WI Parking One Side -"Skinny" Street; and Local Residential Street
WI No Parking. (See Figure 6.6)
STAFF COMMENT: An access permit from the City of Woodburn is not required
for the proposed driveway access to the church because Highway 211, the
boundary and connecting street, is under the jurisdiction of the Oregon
Department of Transportation and will be subject to the requirements of OAR
734-051. OOOT commented "... Generally, the applicant will have to apply for
and obtain an approach road permit from ODOT for access to the state highway.
ODOT will require improvements to the property frontage (curb, gutter, sidewalk)
consistent with the City's Transportation System Plan, which designates OR 211
in this area as a major arterial. The standard section for a major arterial is five
lanes, however, the TSP indicates that OR 211 is envisioned as either 3 or 5
lanes east of OR 99E. Since the existing highway is 3 lanes and recent
improvements farther to the west have been for a 3-lane section, our expectation
is that a 3-lane section will be sufficient in this area. The approach road permit
will specify the requirements for the location and design of the access to the
property and frontage improvements..." This criterion will be met.
Section 3.102 Utilities and Easements
Section 3.102.01 Water, Sanitary Sewer and Storm Drainage Facilities
Municipal water, sanitary sewer and storm drainage facilities shall be
installed to applicable Public Works Department and state standards.
STAFF COMMENT: Water, wastewater and storm sewer service can be
provided to the subject site. The site is currently being served by a storm sewer
system regulated by OOOT. The existing sanitary sewer main in Highway 211
can be utilized to provide wastewater service to the development. This is an
abandoned force main being converted to a gravity sewer system by the city. The
city has done some rehabilitation work on the system, however, further
rehabilitation may be required to meet current standards prior to being put into
service. The applicant is proposing to connect to the existing 12" diameter water
main on the south side of Highway 211. The main is adjacent to the Woodburn
Crest Subdivision only and is a dead end system being served by an 8" diameter
main from June Way. To ensure proper fire flows and fire protection, the 12"
diameter in Highway 211 will be looped to the existing 12" diameter water main
near the northeast comer of the Safeway site as shown on the applicant's site
plan. A minimum 16 foot wide easement shall be conveyed to the City of
Woodburn for the on-site city maintained water system. The applicant states that
"the applicant will pay for all linkage and capacity issues." This approval
criterion is satisfied.
A. Public Utility Easements (PUE).
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Five foot wide public utility easements (i.e., easements for natural
gas lines and for electric and telecommunications wire or cable
service) shall be dedicated along each lot line abutting a public
street. At the time of tentative approval, utilities may request
dedication of a public utility easement within a reciprocal access
easement or centered along specified rear lot line in those zones
where zero setback is not permitted.
STAFF COMMENT: Any public municipal water, sanitary sewer and storm
drainage utility easement dedications required by the proposed development will
be subject to the requirements of the Public Works Department and the WDO.
B. Creeks and Watercourse Maintenance Easements.
STAFF COMMENT: There are no creeks or watercourses on the subject
property for which maintenance easements will be required. This approval
criterion is met.
Section 3.104. 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.
ST AFF COMMENT: The applicant is proposing a driveway access to
the subject site from Highway 211. This approval criterion is met.
B. Access to City Streets, Permit Required.
2. 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.
STAFF COMMENT: The Woodburn Transportation Manager indicated
that the proposal would not require a TIA because the proposed
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I
development is not anticipated to 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.
C. Access to State Streets, Highways, and Interchanges.
Access to a transportation facility under the jurisdiction of the
Oregon Department of Transportation (ODOT) shall be subject to the
requirements of OAR 734-051.
STAFF COMMENT: The Oregon Department of Transportation
commented that the applicant will have to apply for and obtain an
approach road permit from ODOT for access to the state highway.
Section 3.104.03 Driveway Access Guidelines, Type II and III Applications
Section 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.
a. With no turn lane: Throat and travel lane width 26
feet minimum, 36 feet maximum. ("No parking"
restrictions shall be posted by the owner.)
STAFF COMMENT: The applicant is proposing a 36 foot wide
paved two-way driveway width which meets the 26 foot minimum
and 36 foot maximum driveway width requirement.
Section 3.10,4.02 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.
STAFF COMMENT: The proposed site plan shows the driveway crossing the
setback to be perpendicular to the setback. This approval criterion is met.
Section 3.104.03.A.2 Joint/Shared Access.
c. Medium density residential, commercial, industrial uses and other
development subject to Type II or III Design Review located on the
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same lot, or on abutting lots, that abut a Major Arterial, Minor
Arterial, or Service Collector should be designed to share access to
those streets...
d. Shared/Joint Access Agreements. Shared access agreements
serving properties under separate ownership shall be subject to
legal documentation, to the satisfaction of the City Attorney,
establishing permanent use of the access. The agreement shall be
recorded with the County Recorder and filed with the Community
Development Director.
STAFF COMMENT: The subject site and the adjacent commercial properties to
the west are located on Highway 211 which is classified in the Woodburn
Transportation System Plan as a Major Arterial. The proposed use and abutting
uses to the west should share access to Highway 211. A condition of
approval is that the applicant shall provide a shared/reciprocal access easement
agreement for the proposed driveway on the subject site with the properties located
to the west to be reviewed and approved by the legal department per Section
3.104.03.A.2.d prior to the issuance of the building permit. The agreement shall
be recorded with the County Recorder and filed with the Community Development
Director.
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.
STAFF COMMENT: The proposed 25,000 square foot building on the subject
site is required to meet all of the requirements in this section of the WDO.
Section 3.105.02 General Provisions for Off Street Parking and Loading
E. Off Street Vehicle Parking Requirements.
1. Off street vehicle parking spaces shall be provided in amounts
not less than those set forth in Table 3.1.2.
STAFF COMMENT: The parking requirement for the site is 272 spaces: 1
space per 35 square feet of gross floor area of the primary assembly room
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(9,508 square feet of primary assembly room). The submitted site plan
shows a total of 292 spaces to be provided. This approval criterion is met.
3. 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.
ST AFF COMMENT: The submitted site plan shows 7 disabled person
vehicle parking spaces provided which meets the 7 disabled person
vehicle parking spaces required for parking lots containing 201-300
spaces per the Uniform Building Code. This criterion is met.
G. 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.
STAFF COMMENT: According to Table 3.1.3, the proposed church is
required to have two loading spaces measuring 30 in depth and 12 feet in
width with 14 feet of clearance. The submitted site plan shows two 12 foot
by 30 foot loading spaces on the north side of the proposed parking
facilities. This approval criterion is met.
H. On-site Vehicle Parking and Loading Area Improvement
Requirements.
1. Surfacing. All vehicle parking and loading areas shall be paved
with asphalt, concrete or other hard surfacing approved by the
Public Works Director.
STAFF COMMENT: The applicant is proposing to pave all vehicle
parking and loading areas. This approval criterion is met.
2. Drainage. All vehicle parking and loading areas shall be
graded and provide storm drainage facilities approved by the
Public Works Director.
STAFF COMMENT: Vehicle parking and loading areas will be
graded to provide storm drainage facilities as approved by the
Public Works Director.
3. Bumper Guards and Wheel Barriers. All vehicle parking
spaces, EXCEPT those for single family and duplex dwellings,
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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.
STAFF COMMENT: Bumper guard and wheel barriers are not
necessary for the proposed parking spaces because none of the
parking spaces abut a building, or rights of way. In addition, the
walkways are wide enough (minimum of 6 feet) to allow for the
overhang of vehicles. This approval criterion is met.
4. Size of Vehicular Parking Spaces and Maneuvering Areas
within Off Street Parking Areas.
a. 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. Thl'ge 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.
STAFF COMMENT: The applicant has submitted a site plan
showing 292 parking spaces, which include 7 disabled parking
spaces. The disabled parking spaces are not subject to Table
3.1.4. The parking spaces have been designed at a 450 angle with
a minimum width of 9 feet, minimum stall depth of 20 feet, and
minimum 2-way aisle width of 24 feet. Off street parking and
maneuvering areas with these dimensions meet the minimum 9-
foot width, 19-foot stall depth and 24-foot 2-way aisle width required
by Table 3.1.4. These standards are met.
c. Off street parking for disabled persons shall be
designed to the standards of the state Building Code
and applicable federal standards.
STAFF COMMENT: The applicant is required to provide 7 disabled
person vehicular parking spaces. Compliance with the State and
Federal design standards will be reviewed when the building permit
is submitted. This approval criterion will be met.
5. 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.
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1
STAFF COMMENT: The applicant is not proposing directional
markings and signs to control movement because all traffic is
proposed to be two-way traffic.
6. Space Marking. EXCEPT for vehicle parking areas for single
family and duplex dwellings, off street parking 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.
STAFF COMMENT: The applicant has submitted a site plan
showing parking spaces delineated by double parallel lines with a
2-foot separation, which complies with the above requirement.
8. 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.
STAFF COMMENT: The applicant submitted an electrical site plan
showing that all outdoor lighting is contained on the subject site.
This approval criterion is met.
9. 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.
STAFF COMMENT: Compliance with landscaping requirements is
discussed in Section 3.106 of this report.
10. On-site Bicycle Parking Requirements. All uses required to
provide 10 or more off street parking spaces shall provide a
bicycle rack within 50 feet of the main entrance. The number
of required rack spaces shall be one plus one per ten vehicle
parking spaces, with a maximum of 20 rack spaces.
STAFF COMMENT: The required off street parking for the site is
292 parking spaces which requires 20 bicycle parking spaces. The
site plan shows 5 bicycle parking spaces adjacent to each side of
the south-east and south-west entrances to the building for a total
of 20 bicycle parking spaces. This approval criterion is met.
I. Joint Use Vehicle Parking.
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1. A parking area may be used for a loading area during those
times when the vehicle parking area is not in use for parking.
STAFF COMMENT: The applicant is proposing to use parking spaces
located on the north side of the subject site for their loading area. The
applicant stated in their submitted narrative that "If any loading occurs, it
will not occur during hours of operation." The above stated approval
criterion will be met.
Section 3.106 Landscaping Standards
Section 3.106.01 Applicability
The provisions of this section shall apply:
A. To the site area for all new structures and related parking
EXCLUDING single-family and duplex dwellings and accessory
structures; and
B. 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.
STAFF COMMENT: The applicant submitted a landscaping plan in conjunction
with this proposal. Compliance with the requirements of Section 3.106 is
discussed below.
Section 3.106.02 General Requirements
A. 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.
STAFF COMMENT: The applicant submitted a landscaping plan in
conjunction with this proposal. A condition of approval is that an irrigation
plan be provided to the Community Development Department for review
and approval prior to the issuance of the building permit. This criterion is
met.
B. Irrigation.
All required landscaped areas shall be permanently irrigated unless
a planting plan without irrigation is submitted by a licensed
ANNX 04-02, ZC 04-02 & DR 04-18
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landscape architect or a licensed nursery person demonstrating that
the proposed landscaping will thrive without irrigation.
STAFF COMMENT: The applicant states that irrigation will be provided
for all of the proposed landscaping. All of the landscaping on the site is
required to be irrigated. A condition of approval is that prior to issuance of
the building permit, a final irrigation plan shall be submitted showing
irrigation to all of the proposed landscaping on the site.
E. Maintenance.
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.
STAFF COMMENT: This requirement is a condition of approval for all
landscaping located on the subject site.
Section 3.106.03 Landscaping Standards
A. Streetscape.
1. Street Trees. Within the public street right of way abutting a
development, or within an alley right of way in the DOC zone,
street trees shall be planted to City standards prior to
occupancy.
a. Acceptable Types of Trees. See Section 6.103 for a
description of acceptable and unacceptable trees for
this purpose, classified by size and species.
b. Tree Density. Trees shall be planted to 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.
STAFF COMMENT: The subject site possesses approximately 440 feet
of frontage abutting Highway 211. The submitted landscaping plan shows
36 "Red Alder" trees (Alnus rubra) which are classified as a large tree
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according to Section 6.103. Eight large trees are required for 440 feet of
frontage. The applicant is proposing to far exceed the 8 large street tree
requirement. This approval criterion is met.
2. Front Yard and Yard Abutting a Street.
a. Landscaping Density for non-residential uses in the RS
and R1 S 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.
STAFF COMMENT: Approximately 3,903 Plant Units (PU) are required in
the front yard of the subject site to meet the 1 PU per 20 square foot
requirement. The applicant is proposing to provide 79, 170 Plant Units in
the front yard of the subject site which far exceeds the 1 PU per 20 square
foot front yard landscaping requirement. 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.
STAFF COMMENT: Commercial uses are located to the west of the
subject site. The proposed church use and abutting commercial uses are
compatible so no buffer yard landscaping is required on the west side of
the subject site. The property located to the north of the subject site is
zoned Marion County "Exclusive Farm Use" (EFU), is located outside of
the Urban Growth Boundary and is the location of the Maclaren Youth
Correctional Facility. Buffer yard landscaping is not necessary between
the proposed church use and the correctional facility because the church
use is not more intensive than the correctional facility use. The abutting
properties located to the east of the subject site are zoned Marion County
"Urban Transition Farm." A single family dwelling and vacant land are
located on the properties located to the east of the subject site. A buffer
yard is necessary between the church use and the single family dwelling
use because the church use is a more intensive use than the dwelling use.
Approximately 1,400 plant units are required in the buffer yard on the east
side of the site to meet the 1 plant unit per 20 sq. ft. requirement. The
applicant is proposing 18,205 plant units in the buffer yard on the east side
of the site which far exceeds the 1,400 plant unit requirement. This
approval criterion is met.
c. Off Street Parking Areas.
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1. All unpaved land within the off street parking area, and within
20 feet of the paved edge of off street parking and/or
circulation improvements, shall be landscaped in the following
proportions:
a. RM, CO and CG zones: Landscaped area(s) equivalent
to 20% of the paved surface area for off street parking
and circulation.
STAFF COMMENT: Approximately 26,100 square feet of landscaping is
required within the parking and circulation facilities to meet the
landscaping equivalent to 20% of the paved surface area requirement
listed above. The applicant is proposing approximately 41,050 square feet
of landscaping in the paved parking area and within 20 feet of the edge of
the off street parking improvements which exceeds the 26,100 square feet
of landscaping required for the parking area. This approval criterion is
met.
E. Yards.
The entire yard area of a property, EXCLUDING areas subject
to more intensive landscaping requirements and all yards of
residential uses In a RS or R1S zone, shall be landscaped to a
standard of at least one (1) plant unit (PU) per 50 square feet
prior to final occupancy.
STAFF COMMENT: Approximately 7,500 plant units are required on the
yard area of the subject site to meet the 1 plant unit per 50 square feet
requirement listed above. The applicant is proposing over 121,373 plant
units in the yard areas of the subject site which far exceeds the 7,500
plant unit requirement. This approval criterion is met
Section 3.106.05 Planting Standards
B. Curbs.
A six-inch concrete curb shall be provided between a landscaped
area and a parking area or access way.
STAFF COMMENT: The submitted site plan shows a 6-inch concrete curb
between off street parking and circulation areas and the landscaped areas on the
site. This approval criterion is met.
Section 3.107
Architectural Design Guidelines and Standards
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Section 3.107.06 Guidelines and Standards for Non-Residential
Structures in RS, R1 S, 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, R1 S, RM, CO, CG and
P zones.
STAFF COMMENT: The House of Worship facility, including the proposed
main church building, proposed storage building and pavilion, are non-
residential structures proposed within the CG zone, and are subject to the
architectural design guidelines of Section 3.107.06.
B.
Architectural Design Guidelines.
1. Mass & Bulk Articulation Guidelines.
a. 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.
3) Variation in building materials and textures.
4) Arcades, awnings, canopies and/porches.
5T AFF COMMENT: The southern fa~ade of the proposed main church
building is visible from Highway 211. The north, west and east facades
are visible from the proposed parking areas on the subject site. The
submitted building elevations show the southern fa~ade offset laterally
by a 15 foot structural protrusion and covered porch. The submitted
building elevations show the northern fa~ade offset laterally by a 19
foot structural protrusion and covered porch. The west and east sides
of the proposed building have 10 foot structural protrusions and
covered walkways. Bric~ columns and quoins accent all of the
proposed building facades of the main church building. Building
ANNX 04-02, ZC 04-02 & DR 04-18
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materials for the proposed main church building include brick and
stone. In addition, the structure incorporates public doorways and
passageways through the building. The proposed 10 foot tall storage
building located to the east of the main church building is proposed to
be constructed with brick and roof shingles to match the main church
building. The pavilion has steel columns, vaulted ceiling and
composition shingles on the roof. These criteria are met.
2. Materials and Textures Guidelines.
a. 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.
2) 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.
3) 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.
4) 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.
Fluorescent, "day-glo," or any similar bright color
should not be used on the building exterior.
STAFF COMMENT: The south elevation of the subject site faces
Highway 211. Doors with windows and additional windows are located
on the east and west sides of the south main building fa9ade. A series
of arches in the roof line, brick columns, brick quoins and a steeple will
enhance the visual interest of the south wall surface. The proposed
building materials include brick and stone which meet the design
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Page 26
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guidelines listed above. The combination of the earth tone brick color
and stone will be aesthetically pleasing. The earth tone brick color will
comprise the majority of the building surface. The proposed colors and
materials are included on the materials sample board submitted in
conjunction with this application. The proposed 10 foot tall storage
building located to the east of the main church building will be
constructed with brick and roof shingles to match the main church
building. The pavilion (covered picnic shelter) has steel columns, a
vaulted ceiling and composition shingles on the roof which will match
the proposed buildings on the subject site. This design guideline is
met.
3. Multi-planed Roof Guidelines.
a. The roof line at the top of a structure should establish a
distinctive top to the building.
b. 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.
2) Changes in the height of the exterior wall for flat roof
buildings, including parapet walls with variations in
elevation and/or cornices.
STAFF COMMENT: The roof of the main church building, storage
building and pavilion are arched. The proposed steeple provides for
an offset in the plane of the roof of the main church building. The
porches and covered walkways on the main church building also
provide for offsets in the plane of the roof. This design guideline is
met.
4. Roof Mounted Equipment Guidelines. All roof mounted
equipment, EXCEPT solar collectors, should be screened from
public view from streets abutting the building site by:
a. Locating room mounted equipment below the highest
vertical element of the building; or
b. Screening roof top equipment using materials of the
same character as the structure's basic materials.
ST AFF COMMENT: The submitted elevations do not show any roof-
mounted equipment atop the proposed structure. Any future roof-
ANNX 04-02, ZC 04-02 & DR 04-18
Page 27
'fr
mounted equipment will be required to be screened in compliance with
the above criteria.
5. 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. 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.
3) A constant color and pattern scheme for all
buildings within the same development.
4) No internal back lighting.
STAFF COMMENT: The applicant is proposing vestibules ranging in
size from 48 square feet to 160 square feet on the main pedestrian
entrances located on the south, east and west sides of the main
church building to provide weather protection for pedestrians. Roof
overhangs are also proposed on all sides of the main church building
to provide weather protection for pedestrians. The main church
building and storage building are constructed with brick and matching
roofing materials to provide for a constant color and pattern scheme.
The pavilion is intended to provide for a cover (weather protection) for
a picnic area. No internal back lighting is proposed. This design
guideline is met.
6. Landscaping and Screening Guidelines. The landscaping
required by the standards of the WDO should be augmented to
address site specific visual impacts or abutting uses and the
visual character of the surrounding area.
STAFF COMMENT: The applicant is proposing to far exceed the
front yard landscaping requirement, parking lot landscaping
requirement, overall site landscaping requirement, and buffer yard
ANNX 04-02, ZC 04-02 & DR 04-18
Page 28
\IT
landscaping requirement on all sides of the subject site as was
previously discussed in this report. This design guideline is met.
7. Buffer Wall. A solid brick or architectural wall with anti-graffiti
surface, no less than 6 feet or greater than 7 feet in height:
a. 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.
b. Shall be constructed where the standards of the
underlying zone require such a wall for non-residential
use in, or abutting, a RS, R1 s or RM zoning district.
STAFF COMMENT: RS, R1S. and RM zoned properties do not abut
the subject site so a solid brick or architectural wall is not required on
the subject site as is specified in Table 2.1.11 of the CG zone.
8. Sidewalk location and Street Trees. Sidewalks should be
located at the property line along streets with street trees.
STAFF COMMENT: Highway 211 is under the jurisdiction of the
Oregon Department of Transportation (ODOT) so the sidewalk
requirement will be determined through the ODOT permitting process.
The subject site possesses approximately 440 feet of frontage abutting
Highway 211. The submitted landscaping plan shows 36 "Red Alder"
trees (Alnus rubra), classified as large trees according to Section
6.103. Eight large trees are required for 440 feet of frontage. The
applicant is proposing to far exceed the 8 large street tree requirement.
9. Solar Access Protection. Obstruction of existing solar
collectors on abutting properties by development should be
mitigated.
STAFF COMMENT: The proposed structure and landscaping will not
impede solar access on adjacent properties. This criterion is met.
c. Site and Building Access Guidelines.
1. 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.
2. Site access in compliance with Section 3.104 should be
augmented by the following considerations:
ANNX 04-02, ZC 04-02 & DR 04-18
Page 29
\IT
a. Vehicle Access.
1) 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.
2) New parking lots abutting major streets should connect
internally with the parking lots of abutting commercial
uses or land zoned for commercial use.
b. Pedestrian Access and Circulation.
1) The buildings should be linked to the sidewalks
on abutting streets by internal pedestrian ways.
Such pedestrian ways should be either raised or
delin~ated by distinctive pavers.
2) Parking areas should be designed in multiples of
no more than 50 spaces separated by landscaped
buffers or raised pedestrian ways in order to
minimize negative visual impacts associated with
expansive parking.
STAFF COMMENT: The site plan shows a direct pedestrian access to the
proposed main church building and the storage building from the sidewalk
abutting Highway 211. Sidewalks are shown around the perimeter of the
main church building and to the storage building. A textured pedestrian
warning strip is located between the rear (north side) of the parking area
to the main church building to improve pedestrian safety within the parking
area. Landscape islands are located throughout the proposed parking
area to minimize negative visual impacts associated with expansive
parking. The applicant is proposing extensive landscaping on both sides of
the driveway access to the subject site to improve the visual interest of the
entrance to the subject property.
D. Building Location Guidelines.
Within the prescribed setbacks, building location and orientation
should compliment abutting uses and development patterns.
5T AFF COMMENT: The proposed main church building incorporates
architectural elements (columns, arches in the roofline and quoins),
materials (brick and stone) and earth tone coloration complementary to
the surrounding properties. The proposed main church building, storage
ANNX 04-02, ZC 04-02 & DR 04-18
Page 30
\I
building, pavilion and parking are located over 180 feet from the front
property line to soften the visual impact of the buildings from Highway 211.
The applicant is proposing to exceed the front and interior yard setbacks
required for the proposed project so that an extensive amount of
landscaping can be provided on all sides of the buildings to improve the
visual appeal of the development. This design guideline is met.
E. Parking Location Guidelines.
Off street parking areas 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.
S1 AFF COMMENT: The applicant is not proposing to provide parking
between the architectural front of the building and the front setback line.
This design guideline is met.
F. Design Standards.
1. 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
7 feet in height.
2. Outdoor Lighting Standards. All outdoor lighting shall be
designed so that:
a. Parking areas are evenly illuminated at ground level at
one foot candle;
b. Entrance and loading areas are illuminated at ground
level of two foot candles;
c. Illumination does not shine or reflect into any adjacent
residentially zoned or used property;
d. Lighting does not cast a glare onto moving vehicles on
any public street.
STAFF COMMENT: The proposed trash enclosure on the east side of the site
will be enclosed with a 6 foot brick wall and solid metal door. A condition of
approval requires the applicant to submit a lighting plan to the Community
Development Department showing compliance with Section 3.105.02.H.8 prior
to building permit issuance. This approval criterion will be met.
Section 5.103.02 Design Review for All Structures 1000 Sq. Ft. OR MORE
ANNX 04-02, ZC 04-02 & DR 04-18
Page 31
I
C. Criteria. The criteria are pursuant to the standards and guidelines of
Sect/on 3.1. And other applicable sections of the WDO.
STAFF COMMENT: 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.
VI. CONCLUSION AND RECOMMENDATION:
Based on the information in this report, the information provided by the applicant
and the applicable review criteria, findings necessary to approve Annexation 04-
02, Zone Change 04-02 and Design Review 04-18 can be made. Therefore, staff
recommends said applications be approved subject to the following conditi~ns:
COMMUNITY DEVELOPMENT DEPARTMENT:
Desian Review 04-18:
1 . The proposed development shall be in substantial conformance with this
approval and the attached preliminary plans provided in Exhibit "A" (Site Plan
Sheet CO.3, Floor Plan Sheet CO.4, Exterior Elevations Sheets CO.5 and
CO.6, Utility Plan Sheet C2.0, Grading Plan Sheet C2.1, Erosion Control
Plan Sheet C2.2, Onsite Civil Details Sheet C3.0 and Planting Plans Sheets
L 1.1, L 1.2 and L 1.3 date stamped June 02, 2005), except as herein modified
by these conditions of approval.
2. The existing single family dwelling and accessory structure shall be removed
prior to final building occupancy.
3. A 6 foot chain link fence, subject to the vision clearance standards in Section
2.202.03, shall be constructed on the east property line of the subject site
prior to final occupancy.
4. The applicant shall provide a shared/reciprocal access easement agreement
for the proposed driveway with the properties located to the west to be
reviewed and approved by the legal department per Section 3.104.03.A.2.d
prior to the issuance of the building permit. The agreement shall be
recorded with the County Recorder and filed with the Community
Development Director.
5. 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.
ANNX 04-02, ZC 04-02 & DR 04-18
Page 32
6. Off-street parking for disabled persons shall be designed to the standards
of the state Building Code and applicable federal standards.
7. A final irrigation plan shall be submitted to the Community Development
Department for review and approval prior to issuance of building permits.
8. Prior to building permit issuance, the applicant shall submit a final lighting
plan showing that all outdoor lighting has been designed so that parking
areas are evenly illuminated at ground level at one foot candle, 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
pu blic street.
9. All shrubs and ground cover shall be of a size upon installation so as to
attain 80% of ground coverage within 3 years. 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.
10. 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.
11. 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.
PUBLIC WORKS DEPARTMENT:
GENERAL CONDITIONS:
12. Final plans shall conform to the construction plan review procedures and
standards.
13. The applicant, not the city, is responsible for obtaining permits from any
state and/or federal agencies which may require approval and/or permit.
14. Existing subsurface wastewater systems found to be on the site shall be
abandoned in accordance with state requirements.
15. All work within the public rights-of-way shall require plan approval and
permit issuance from the Public Works Department
16. Existing city maintained facilities on private property will require proper
easements to be conveyed to the city.
ANNX 04-02, ZC 04-02 & DR 04-18
Page 33
17. System Development fees shall be paid at the time of building permit
issuance.
SANITARY SEWER:
18. The existing sanitary sewer main on Highway 211 can be utilized to
provide wastewater service to the development. This is an abandoned
force main being converted to a gravity sewer system by the City. The City
has done some rehabilitation work on the system, however, further
rehabilitation may be required to meet current standards prior to being put
into service. As noted on the applicant's site plan, a portion of this cost as
determined by the Public Works Department will be the responsibility of
the applicant/property owner.
WATER:
19. The applicant is proposing to connect to the existing 12" diameter water
main on the south side of Highway 211. The main is adjacent to the
Woodburn Crest Subdivision only and is a dead end system being served
by an 8" diameter main from June Way. To ensure proper fire flows and
two system feeds for fire protection, the 12" diameter in Highway 211 shall
be looped to existing 12" diameter water main near the northeast corner of
the Safeway site as shown on the applicant's site plan.
20. Domestic, lawn irrigation and/or the fire sprinkler system, if installed, shall
require the installation of a proper type of backflow preventer. If the
existing on-site well is not abandoned in accordance with state
requirements, the level of protection will need to be upgraded. Contact
Larry Arendt, City of Woodburn Cross Connection Inspector, for the type
and installation requirements at 503-982-5283.
21. The on-site water main providing fire protection shall be a city maintained
looped system and shall be sized in accordance with the flow
requirements as shown on the applicant's site plan.
22. A minimum 16 foot wide easement shall be conveyed to the City of
Woodburn for the on-site city maintained water system.
VII. ATTACHMENTS:
Exhibit "A"
Site Plan Sheet CO.3, Floor Plan Sheet COA, Exterior
Elevations Sheets CO.5 and cO.a, Utility Plan Sheet C2.0,
Grading Plan Sheet C2.1, Erosion Control Plan Sheet C2.2,
ANNX 04-02, ZC 04-02 & DR 04-18
Page 34
-
Exhibit "8"
Exhibit "e"
Attachment" A"
Attachment "B"
Attachment "e"
Attachment "0"
Attachment "E"
Onsite Civil Details Sheet C3.0 and Planting Plans Sheets
L 1.1, L 1.2 and L 1.3 date stamped June 02, 2005
Annexation Plan and Zone Plan
Annexation, Zone Change and Design Review Applications
Zone Map
Comprehensive Plan Map
Woodburn Public Works Department Comments
Woodburn Fire District Comments
Oregon Department of Transportation Comments
ANNX 04-02, ZC 04-02 & DR 04-18
Page 35
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CITY OF
WOODBURN
Exhibit "e"
rl1~ ,'v; -- 1/-' - - J vr-
Related Flies:
Date Received~
Fees Receiv~~O
-I
Community Development Department
270 Montgomery Street. Woodburn, Oregon 97071
Phone: 503-982-5246. Fax: 503-982-5244 · Website Address: WWW.Ci.Woodburn.orO~
I ~ T 0 4 2004
* REC'O *
UNIFORM APPLICATION
WOODBURN COMMUNITY
CEVElJPM:NT DcPT.
General Information:
Project location: 2-0 c; 5
Property owner: ~
Address:
ielephone II. Fax No.:
E-mail Address:
Comprehensive Plan Map Designation:
ZOne Map Designation:
Description of the proposal:
Telephone" Fax
E-mail Address: M
C --<> VWIC1't" rv(A ( Site Acreage:
Assessor's Map" Tax Lot Nos:
R t d ~ I
eQues e ev ew:
1 a ACCESS PERMIT TO crrv STREET 13 0 FORMAL INTERPRETATION OF ll-te woo 25 0 REVOCATION OF PREVIOUS\. Y APPRO\'EO PER:
2 J(ANNEXATION 140 MOP PREUMINARY APPROVAL 26 0 SWOD PERMIT
3 0 APPEAL TO CITY COUNOL 15 0 MOP FlNAL PlAN APPROVAL 27 0 SPEGAL USE AS A CU
4 0 COMPo PlAN MAP CHANGE 16 0 MODIFICATION OF CONomONS 28 0 SUB. PREUMINARY APPROVAL
5 0 CONomONAL USE 170 PARTITION PREUMINARY APPROVAL 290 SUB. FINAL PLAT APPROVAL
6 0 DESIGN RMEW RS 6. DUPI.fX RfSlDENTlAL DWEWNGS 18 0 PARTITION ANAL PlAT APPROVAL 30 0 TELfCOMlf.JHlCAnON FACILITY, SPK1F1C USE AS ,
7~ESIGN REVIEW 19 0 PHASING PlAN 31 0 TEMPORARY OUTDOOR PERMIT
8 0 EXCUTlON TO ST. ROW ta IMPROVEMENT REQ. 20 0 PUO PREUMINARY PLAN I-RPROVAl 32 0 TREE REMOVAL PERMIT
9 0 EXTENSION FOR A DEV. OEOSION 21 0 PUD DESIGN PLAN FINAlI-RPROVAL 33 0 VARIANCE
10 0 FENCE & FREE STANDING WAlL PRE-<ONST REV. 22 0 PUD ANAL PlAN APPROVAL 34 0 ZONING ADJUSTMENT
11 0 GRADING PERMIT 23 0 LLA 8r. CONSOUDATION OF LOTS 35 AZONE CHANGE
12 0 HlsroRlC OR ARCH. SlGNIFt. srre,SPEOf1C CU 2.q 0 RS MOt STANDARDS 5UBDIV. 36 a OTHER:
A licant Certification:
1 hereby declare that as applicant for this proposal, I have familiarized myself with the relevant provisions rI the aty of Woodburn Development Ordinana
and I have the foregoing nd know the contents d the application to be true to the best d my know1edge (If applicant is not same as pro
owner, , all orl IS/her Interest In the above referenced aPQI~ ~~nlng below). 14'!'~
Own Applicant: L Cf.t..LM,,, ~ t- J ~. ).
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e,;~ t:) Y A.. ~N' Print Name: L r)< r: t. tv'{ t t jf.1 /N k. (0'# (-C
J€IrIJA)6 /II. r 1C-/tt-SlJA)
Date:
Date:
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Marion County
OREGON
COUNTY CLERK
j.....'. ,.." '.
COUNTY CLERK
VoIce
15031588-5225
September 22,2004
Webslte.
http./lclerk comarionor.us
ELECTIONS OFFICE
Votce (5031588-50011
1-800-65S-5388
TTY lITO /5031588-5610
Fax 15031588-5383
E-mail electlOl1sl3co.marion.or.us
This is to certify that there are no registered
voters at the address of 2045 Molalla Rd NE,
Woodburn, Oregon 97071.
Dorothy King
COURTHOUSE OFFICES
RECORDING
VoIce' /503)588-5225
Fax 15031373-4408
E-maIl: recordlng@co.manonor.us
BOARD OF
PROPERTY TAX APPEALS
Votce /5031588-3578
Fax (5031373-4408
E-mail bopta@comanonorUl
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Marion County Elections
4263 Commercial St SE
Salem, OR 97302
503.588.5041
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RECORDS MANAGEMENT
VOIce 15031 588-5490
Marion County Elecrions . 4263 Commercial Srreer SE #300 . Salem, Oregon 97302-3987
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* REC'O *
Application Criteria for Annexation & Zone Map Change
For the Church of Jesus Christ of Latter Day Saints
OCT 0 4: 2.004-
Pre-Application - At a pre application meeting for the building the City was h~~~U~.N C(;MMUN~1Y
further pre application meetings waived. Gc:\ElQ?id~ili O:?T.
A. The preliminary site plan is available;
B. A request for a Public Works department has been made, please see the
enclosed. Public Works has been meeting with the Church's engineers on this matter;
C. Request for written documentation from the School District was requested, no
reply made.
D. Traffic data is provided as part of the Conditional Use request.
E. Consent on all property that would be surrounded was made, and the owner
stated, he would not consent, but that he isn't personally for or against becoming part of the City.
F. Narrative is provided below.
1. Annexation
a. Finding showing compliance with applicable Woodburn Comprehensive Plan
goals and policies regarding annexation, with the applicant bearing responsibility
for the burden of proof.
The proposed property to be annex has already been zoned with an overlay zoning
of Commercial. The property is inside the Urban Growth Boundary. The City has
already determined that this site is appropriate for commercial development.
b. Territory to be annexed
1) Shall be continuous to the City of Woodburn; and
The proposed site boarders the city on two sides.
2) Shall either
a) Link to master plan public facilities with adequate capacity to serve
development of the uses and densities indicated by the Woodburn
Comprehensive Plan; or
The site will be served by all public facilities with the capacity to serve
the development. Density isn't an issue with commercial
development.
b) Guarantee the facility linkages with adequate capacity, financed by
the applicant.
..
The applicant will pay for all linkage and capacity issues.
c. Annexations shall show a demonstrated community need for additional territory
and development based on the following considerations:
1) Lands designated for residential and community uses should demonstrate
substantial conformance to :a), b), and e) and at least one of c) or d), as
stated below; and
This is not applicable as the land is designated for commercial
2) Lands designated for commercial, . . . and other uses should demonstrate
substantial conformance to : h) and either t) or g), as stated below:
h) Economic Diversification. The proposed industrial or commercial
use of the territory provides an economic opportunity for the City
to diversify it economy.
t) Local Employment. The proposed use of the territory to be
annexed shall be for industrial or other uses providing employment
opportunities;
g) Reasonable Facility and Service Needs. The proposed industrial or
commercial use of the territory does not require the expansion of
infrastructure, additional service capacity, or incentives that are in
excess of the costs normally born by the community for
development.
These criteria center upon economic activities while the applicant is
seeking to have this land brought into the City to build a Church, which is permitted under
both of the City's commercial designation. Therefore the land the Church is specifically
attempting to bring in, will not be increasing the Economic Diversification, or employee
people. It is s Service offered and needed in W oodbum.
Additionally, the Church is committed to paying aU costs associated
with the development of the site so that the City is not burdened with its impact.
...
Zone Map Change, Owner Initiated 5.104.04
Criteria:
1. Evidence proving a need for the proposed use and the other permitted uses within the
proposed zoning designation.
The City has already, via the comprehensive plan, for this property to be zoned
commercial. The Church is willing to follow whichever commercial zoning the City desires
this property to have. General Commercial or Office Commercial.
Apparently, this property is part of the over-all inventory of Commercial property
the City has ''land banked". The land sought to be annexed will become a church. As a
church, the use is a permitted use.
2. Evidence that the subject property best meets the needs relative to other properties in
the existing developable land inventory already designated with the same zone considering size,
location, configuration, visibility and other significant attributes of the subject property.
Again, the evidence is that the subject property has been designated by the City to
become commercial in nature. The property sits on a major road which has the capacity
for volumes of tramc. It is next to a commercial enterprise, and across the street from
another. The configuration of the property suits the needs of the permitted use perfectly.
Utilities are readily available.
lr
DESIGN REVIEW
WOODBURN. OREGON
PROPERTY:
ZONING:
Concept planned tor Commercial
Existing Land Use: Open field
Neighborhood: East Woodburn
Surrounding zoning: Commercial
Net Land Area: 215,830 square teet
Page I Design Review
.
Maprrax Lot: 51 W08A 5200
Address:
2045 Molalla Road., NE
Applicant's Representative: Mark Cottle PO Box 1124, Sherwood, Oregon 97140
Purpose of the Application: Build a Church for the Church of Jesus Christ of Latter Day Saints
SUMMARY OF PROPOSED USE
This proposed use is for The Church of Jesus Christ of Latter Day Saints ("LOS") to
build a meeting house called a "Stake center." There are essentially two types of buildings the
LOS Church builds in the area, Ward buildings and Stake Buildings. Ward buildings are smaller
in nature and one to three Wards will use the Ward building. (A Wani typically has between
150-300 people attend its services.) Stake buildings are used like Ward buildings. That is, up to
three Wards will carry on regular services on a staggered schedule. Stake buildings are larger
than Ward buildings as it has a full size multiple purpose area (about the size of a basketball
court) and possibly a genealogical library which is open to the public. Twice a year, a Stake.
holds a Stake meeting which require additional seating. A stake is made up of 5 to12 wards:t.
These Stake meetings are held either with all the Wards attending at one time or one-half the
Wards attend in the morning and the other half would attend in the afternoon. These type of
meetings only occur twice a year. Parking will not be an issue as the attendance at "Stake
Meetings" is less than at Ward meetings. By way of example only, if 200 people attend a Ward
meeting, approximately 80% (160) of those people attend the semi-annual Stake meeting.
In addition to Sunday use, the building is utilized by smaller groups of people throughout
the week. For example, each Ward has a scout group and a young women's group that utilizes
the building on week nights. There are generally between 30 and 70 young men and young
women in any given Ward. The age for young men and young women is between 12 - 18 years
of age.
Once a month each ward will utilize, on a weeknight, the building for a women's group
called Relief Society, which will have between 20 and 70 women attend. Hence, except for
Monday, during the week nights, Tuesday, Wednesday, Thursday between 7 p.m. and 9 p.m. the
building is being used. Usually, there are some informal uses of the building on one or two
nights a week between 9:00 p.m. and 11:00 p.m. (usually pickup basketball or some other leisure
type activity.)
On occasion, the building is used on a Friday and/or Saturday night for social gatherings
by a Ward. The building, on a very limited bases will be used during the week day for different
small group activities. Generally no more than 20 - 30 people during the hours of 9 a.m. and
5:00 p.m. Additionally, the building can be used for social gatherings for the young adults and
adults for such things as a Saturday night dance, plays and sporting events.
Page 2 Design Review
lr
The Church does have a full size gym (part of the multi-purpose area) which will allow
for church organized basketball and volleyball and other recreational activities in additional to
cultural art types of functions. The Church will also allow appropriate community events to held
at the building. For example, blood drives are common as are area scout meetings. In times of
need, The Church allows its buildings to be used for emergency purposes, such as distribution
centers for and emergency shelters.
On occasion, the scouts or young women's or adults may want to engage in a picnic or
other limited outdoor activities that are feasible. There will be no outdoor basketball hoops
installed or other recreational apprentices permanently installed. Additionally, it is proposed that
a "pavilion" be built to accommodate the limited out door activities, such as a picnic for the
different groups. The pavilion will be open on all sides. It meets or exceeds all setback
requirements. The pavilion itself will be thirty feet by sixty feet. It will have a water fountain
and electricity with lights. The pavilion is located in the least intrusive location available on the
site.
The people that utilize this building on a weekly basis will be from a specific
geographical area near to and around the proposed site. By allowing a building on the purposed
location will increase efficiency in traffic. The LOS Church attempts to build its building in a
location that is centralized to maximize local connections to the building. The need for this new
church in this area is because there is no reasonable room to facilitate members in existing
church buildings owned by the LDS community. This is not a build it and they will come. This
expansion is made necessary because of the increased members of the Church in the local area in
which the proposed Church is located.
WHY THIS PROPERTY, WHY THIS SIZE OF BUnDING:
The Church has searched for a site in Woodburn for over three years. Several sites were rejected,
namely the property wasn't zoned appropriately, did not have managed access (flag lot) or was
problematic because of topography, wetland issues or the like. Of course, there was one site the
planning commission determined was not appropriate because of compatibility concerns.
This site is appropriately zoned, does not have wetland issues, it is located in an area close to
numerous members, has access two major thoroughfares and is not in the middle of an existing
neighborhood. As best as the paid real estate agents could help us, this is the best site available
for this Church.
The Church purchased more than enough property to meet the City's requirements for setbacks
and landscaping. This Church operates with a lay ministry. Fundamental to its beliefs is that all
members must be given an opportunity to serve in a meaningful capacity. Members stop going to
church when the physical limits of a building cannot adequately accommodate a member.
Remember, we are not talking about people but persons. The emphasis is not on how many
come to church but on each person coming to church. Sitting in the back, not being in full view
Page 3 Design Review
w
of the podium, not having enough room for the entire family to sit together imposes unreasonable
restrictions upon religious worship. Requiring classes to meet in a Kitchen and every cubby hole
available tends to drive people from Church and this is now happening. When space limitations
impose a hardship upon the members, some members tend to become less active in their
attendance. The Church divides wards to ensure there is adequate room for members to serve
and adequate room for members to be spiritually benefitted by attending. Currently, the Church
is not being able to adequately service its members needs because of space limitations.
Allow me to address the design of the building:
Taking into account the limitations of the building code, height restriction imposed by
cities, and the need for space, the current design is approved by the leadership of the LOS church
because it meets the scripturally mandated requirements of a Stake.
The design and size is designed to maximize the spiritual growth of the members.
The size of the building is dictated by being a stake center. As is mandated by scripture,
stakes must meet together twice a year. In addition, the stake is the fundamental ecclesiastical
arm of the church in each local. The stake functions as the gathering spot for the members. It is
through the stakes that doctrine is taught and disseminated to the wards. The stake is the
centerpiece of the church. All this is dictated by LOS Scripture.
To accommodate the scriptural mandates of a stake there are the following:
A stake president's office so as to administer to the needs of the Stake as well as hear
confession.
A High Council room so that the 12 members of the High Council and the Stake
presidency can discuss the needs of the stake members as mandated.
There are three bishops offices, one for each ward, to administer to the needs of the
members and hear confessions. There are three clerk's offices, one for each ward, which contain
the confidential records of the ward.
As it is mandated for the members of a ward to meet together and to partake of the lord's
supper weekly, there is the chapel area. As it is mandated for the members of a stake to gather
twice a year, there is the cultural hall that adjoins the chapel area and allows for the additional
seating.
As a fundamental function of aWard is to teach the people, the buildings need class
rooms. There is age appropriate learning centers. There is a primary room for children 3 - 11
years old.
Page 4 Design Review
There is a young persons area for young adults from 12 - 18. This area can also be
divided into smaller classrooms to facilitate the need each class. There is a Relief Society room
for the women to enjoy for spiritual learning.
As Wards and Stakes are designated by LOS scripture as gathering places, the cultural
hall is used for social activities from boy scouts, to quilting bees, to basketball to blood drives.
Service to the community, both the LOS community and the community at large is fundamental
to the LOS Church.
The uses I identified above are dictated by LOS beliefs. The size of the building is
dictated by the uses.
It is important for you to realize that this use is less intrusive on this site than the
underlying zoning allows. A house with a 1250 sq ft building envelope impacts its 6500 sqft lot
to a much greater degree than the proposed building, almost twice as much. This building is only
10% of the total lot size while the homes are 19% of their lots.
This City's ability to outright deny this application is limited by ORS 197.522 which
states:
A local government shall approve an application for a permit, authorization or
other approval necessary for the subdivision or partitioning of, or construction on,
any land that is consistent with the comprehensive plan and applicable land use
regulations or shall impose reasonable conditions on the application to make the
proposed activity consistent with the plan and applicable regulations. A local
government may deny an application that is inconsistent with the comprehensive
plan and applicable land use regulations and that cannot be made consistent
through the imposition of reasonable conditions of approval."
Any condition must be deemed reasonable in light of the imposition upon the religious
practice of the members of the LOS church. In addition, the City's code imposes setbacks for all
churches that are greater than the permitted use setbacks in the underlying zone. Any additional
setback requirements would, unless specifically tied to criteria would have the appearance of
being arbitrary and capricious.
As the issues, which must be addressed are found in your code, I include as part of my
response, those applicable provisions.
3.0 I Street Standards.
Molalla Road will meet the Street standards articulated by the State. The Church will
make the required improvements which will include an extension of services.
Page 5 Design Review
w
3.102 Utilities and Easements
The Church will extend those services necessary to facilitate the needs of the Church and
the extension will comply with the City's code. All utility work will be done in compliance with
the Code.
3.103 Setback, Open Space and Lot Standards, Generally
The proposed setbacks far exceed the underlying zoning.
Front setback
East setback
West setback
North setback
186 feet
177 feet
134 feet
538 feet :!:
3.104 Access
The proposed site shall have access to Molalla Rd. The Church is proposing to construct
a two lane drive way that will facilitate all access needs. The width of the driveway will be 26
feet paved.
3.105 Off Street Parking and Loading
There are available 292 parking spaces. The code requires only 278. There are 7 ADA
parking spaces provided. The parking area is paved, there is drainage proved and bumper guards
and wheel barriers.
The size of the parking stalls and maneuvering areas meet or exceed the code.
3.106 Landscaping
The net area of the site is 215,830 square feet. There is proposed to be 34,608 in
landscaping.
There are no significant trees on the site. A landscaping plan is provided.
Page 6 Design Review
"
3.107 Architectural Design
The building complies with the Architectural design.
3.108 Partition and Subdivision Standards
This is not applicable.
3.109 Planned Unit Development Standards
This is not applicable.
3.110 Signs
There is one sign attached to the building which is approximately 20 by 20.
Page 7 Design Review
'II"
1776 Newberg Hwy
Woodburn, OR 97071
Bus. Office 503-982-2360
Fax 503-981-5004
* REC'O -tr
June 15,2004
oel 0 4: 200~
WOOD13U\lN COMM\JN~1'(
['E\'ElijP!'iICI~r UEPT.
Mark Cottle
NW Land Use Consultants LLC
P.O. Box 1124
Sherwood, OR 97140
RE: LDS Church
In response to your letter of June 1,2004 regarding the ability of the Fire District to provide
service to a 16,000 square foot structure to be located in the 2000 block of Molalla Rd.
With the extension of city water supply meeting the minimum flow requirements there
would be no difficulties in providing emergency services to a structure built to current code
requirements.
Sincerely
Bob Benck
Fire and Life Safety Specialist
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Prepared For :
Company
By :
Fidelity National Title Company
198 Conunercial Street SE #200, Salem, OR 97301 Phone:1-503-585-7219 Fax:1-503-585-0326
Visit us on the Web at: www.fntic.comlopslorlsalemlindex.html ..A.. REC'D ...A..
E-mail CustomerServiceat:customerservicesalem@fnf.com }oC U
OCT 0 4 2004
Marion (OR)
PROPERTY PROFILE INFORMATION
WOO[j8:J:~N CmilMuilirv
D::VELOP~,iEirr DEPT.
Parcel # : R108974
Owner : Olson Elroy A
CoOwner
Site
Mail
Land Use
Legal
Owner Phone :
Tenant Phone :
Ref Parcel # : 051 W08A 05200
Census : 103.05 3
: 2045 Molall. Rd Woodburn 97071
: 10730 Portland Rd NE Brooks Or 97305
: 551 Agr,Farm
: WOODBURN FRUIT FARMS LOT 3
Zoning : EFU EXCLUSIVE FARM USE
ASSESSMENT & TAX INFORMATION
Market Total : $122,650
Mkt Land : $63,770
Mkt Improvmt : $58,880
Exemption
03-04 Taxes : $921.74
Levy Code : 10300035
Millage Rate : 13.4540
M50 AssdTotal: $68,510
SALE & LOAN INFORMATION
Sale Date
Sale Amount
$Cost/SqFt
Document #
Deed Type
Loan Amount
Lender
Loan Type
Interest Type
Vesting
Title Co
Loan Type
: $0.00
: 622-0223
: Mise
School District Information
School District : Woodburn School
PROPERTY CHARACTERISTICS
Year Built : 1930
Yr Remodel
Bedrooms : 2
Bathrooms : 1.00
Total SF : 884 (Does Not Include GarageSF)
Main Floor : 884
Second Floor :
Basement SF : 884
Basement Fin :
Lot Size Ac : 10.00
Lot Size SF
Roof Type : Gable
Roof Material : Composition
Foundation : Concrete
Ext. Material : Bevel Siding
Exterior : Double
Patio Type
Patio SF
Att Gar SF
Garage Type
Driveway SF
Dri'way Mat'l :
Heat Source : Forced Air
Fireplace : Plain-single
Fireplace # : 1
BldgCondition:
Neighborhood: 04C
Impr Type
The Information Provided Is Deemed Reliable, But Is Not Guaranteed.
w
WARRANTV DEED lINDIVIDUAU
REEL
IOL
PAGE
UtJ
. he'elNlter called ,,"'tor. c:onvevt" to
S F.
all that rul property situlted In the County
. Stlte 01 Oregon, detcribed IS:
LD"'- ~ WOObfJt/A.N
(SE.6 V(){. tJM/$ ..2... P,4~B
$"" l> c.: oVAl t"Y ~ ~T).~.
FlltJl r P"~~.5, .61A~I()AI &cJ~""'1" CJ~mJ i
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:1<)... It~CoA.~ c:I ~ 1DwN nAr-S Foil
and covenan"st that 9'lIfItOf 'I the owner 01 the above described property Ir.. 01 III enc:umbrlncas except -
and wilt warrant and defend the same against all perso'" who may lawfully claim the same. except II shown above.
The true and actual consideration fOf thil tra",ler liS --0 ·
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ATTACHMENT C
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Design Review
Latter-Day Saints
2045 Molalla Road
Public Works
GENERAL CONDITIONS:
1. Final plans shall conform to the construction plan review procedures and
standards.
2. The applicant, not the city is responsible for obtaining permits from any state
and/or federal agencies, which may require approval and/or permit.
3. Existing subsurface wastewater systems found to be on the site shall be
abandoned in accordance with state requirements.
4. All work within the public rights-of-way shall require plan approval and permit
issuance from the Public Works Department
5. Existing city maintained facilities on private property will require proper
easements to be conveyed to the city.
6. System Development fees shall be paid at the time of building permit issuance.
STREET AND DRAINAGE:
1.
Access, Street improvement requirements to the boundary street, State Highway
211 is regulated by the Oregon Department of Transportation (ODOT) in
accordance with OAR 734-051.
\
2. The site is currently being served by a storm sewer system regulated by ODOT,
The city has no storm sewer system to serve the site, additional impervious
surface will need to be permitted by ODOr.
SANITARY SEWER:
1. The existing sanitary sewer main on Highway 211 can be utilized to provide
wastewater service to the development. This is an abandoned force main being
converted to a gravity sewer system by the city. The city has done some
rehabilitation work on the system, however further rehabilitation may be required
to meet current standards prior to being put into service. As noted on the
applicants site plan, a portion of this cost as determined by the Public Works
Department will be the responsibility of the applicant/property owner.
11
Naomi zw~rallng -_~s,~.<:>~________________________ ___________________________________~___________=___'
- ------- - ~ - -- ~-- -- -- --~---- -- ----- ~ --~---~--- ------~ ~ -- -- ------
WATER:
1. The applicant is proposing to connect to the existing the existing 12" diameter
water main on the south side of highway 211, the main is adjacent to the
Woodburn Crest Subdivision only and is a dead end system being served by an
8" diameter main from June Way. To ensure property fire flows and two system
feeds for fire protection, the 12" diameter in Highway 211 shall be looped to
existing 12" diameter water main near the northeast comer of the Safeway site
as shown on the applicants site plan.
2. Domestic, lawn irrigation and/or fire sprinkler system if so installed shall require
the installation of a proper type of backflow preventer. If the existing on site well
is not abandoned in accordance with state requirements, the level of protection
will need to be upgraded. Contact Larry Arendt, City of Woodburn cross
connection inspector for type and installation requirements at 503-982-5283.
3. The on-site water main providing fire protection shall be a city maintained looped
system and shall be sized in accordance with the flow requirements as shown on
the applicants site plan.
4. A minimum 16 foot wide easement shall be conveyed to the City Of Woodburn
for the on site city maintained water system.
5. Fire protection requirements shall comply with the Woodburn Fire District
standards and requirements.
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Woodburn Fire District
Prevention Division
SEP 0 7 2005
Site Plan Review Comments
WOODBURN COMMUNITY
DEVELOPMENT DEPT.
Memo To: Naomi Zwerdling
City of Woodburn
Date: 09/07/2005
From:
Bob Benck
Woodburn Fire District
FacilitylProject Name: LDS Church
Address/Location: 2045 Molalla Rd.
Occupancy Class: A-3
Access:
1. Exterior of Facility
Access to exterior of structure meets minimum requirements.
2. To Interior of Facility
Minimum access is provided
Building Exit System: Issues to be addressed to City Building Department for Fire & Life
Safety Plans Review, ifapplicable.
I. Occupant Load
2. Number of Exits:
3. Exit Hardware: (No Thumb Turn Hardware is permitted.)
4. Exit Signage
5. Emergency Lighting:
Fire Oow/Water Supply:
As a sprinkled building the fire flow will be 1500 gpm plus the quantity required for the
sprinkler system.
Hydrants:
Lot hydrants are provided at locations acceptable to the Fire District.
Sprinkler/FDC:
Sprinkler system to meet NFP A 13 requirements.
The FDC location as shown on the plans is acceptable.
"
Alarm System
Shall comply to NFP A 72 standards
The sprinkler system shall be monitored
Premise Identification:
Markings and locations to meet city standards.
Spec:ial Oc:cupanc:y Requirements:
A Knox Box Access key lock box shall be required, the location to be approved by the
Fire District.
Building Size & Limitations/Type of Construction
Shall conform to Oregon structural codes
Fire and Life Safety Review Requirements:
By City of Woodburn Building Official.
Special Comments:
An onsite water supply system must be available, operational and acceptable to the city
prior to the construction of combustible buildings. Access during construction must
support the weight of Fire Apparatus and allow access to facility.
COMPLIANCE WITH THESE REQUIREMENTS DOES NOT CONSTITUE
PERMISSION TO BUILD. BUILDING PERMITS AND PLANS REVIEWS BY THE
APPROPRIATE BUILDING OFFICIAL IS REQUIRED. PERMITS AND APROVED
PLANS MUST BE ONSITE DURING CONSTRUCTION.
Woodburn Fire District
1776 Newberg Hwy
Woodburn, OR 97071
(503)982-2360 Fax (503)981-5004
I
-~._.__._-_._---_.- -. --- _..-._------- ---.--.---.-,------.------.----.- --
A I I A\.nPI CI't I I;,
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From:
To:
Date:
Subject:
Naomi Zwerdling
colep@wdyi.com; mark@cottle.com; mcsnwds@ucinet.com
8/23/2005 11 :02:22 AM
Fwd: RE: LOS Church site - 2045 Mollala Road
I finally got comments from OOOT regarding the street improvements and am forwarding you the
comments for your review. Please let me know if the comments work for you and I will move the project
forward to a public hearing.
Thanksll
Naomi
>>> <OanieI.L.FRICKE@odot.state.or.us> 08/18/05 8:56 AM >>>
Naomi -
Region 2 staff have reviewed the subject application. Generally, the
applicant will have to apply for and obtain an approach road permit from
OOOT for access to the state highway. OOOT will require improvements to the
property frontage (curb, gutter, sidewalk) consistent with the City's
Transportation System Plan, which designates OR 211 in this area as a major
arterial. The standard section for a major arterial is five lanes. however,
the TSP indicates that OR 211 is envisioned as either 3 or 5 lanes east of
OR 99E. Since the existing highway is 3 lanes and recent improvements
farther to the west have been for a 3-lane section, our expectation is that
a 3-lane section will be sufficient in this area. The approach road permit
will specify the requirements for the location and design of the access to
the property and frontage improvements.
Please let me know if you need anything else.
Oan Fricke, Senior Transportation Planner
OOOT Region 2
455 Airport Road SE Building B
Salem. OR 97301-5395
ph: 503-986-2663/fax: 503-986-2840
e-mail: OanieI.L.FRICKE@odot.state.or.us
-----Original Message-----
From: Naomi Zwerdling {mailto:Naomi,Zwerdlina@ci.woodburn.or.usl
Sent: Monday, August 01, 2005 3:48 PM
To: FRICKE Oaniel L
Subject: LOS Church site - 2045 Mollala Road
I got your message about the LOS Church site in regard to OOOT requiring an
approach permit. I was hoping that I could get comments regarding the
street improvements and restrictions that would be required as part of the
approach permit process through OOOT. Please let me know if that is
possible.
Thanksl!!1
Naomi
w
ATTACHMENT C
WOODBl'RN PLANNING COMMISSION MEETING MINUTES
SEPTEMBER 22, 2005
TAPE
READING
0001 CONVENED. The Planning Commission met in a regular session at 7:00 p.m. in City
Hall Council chambers with Chairperson Lima presiding.
0025 ROLL CALL.
Chairperson
Vice Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Lima
Bandelow
Vancil
Grigorieff
Hutchison
Jennings
GrosJ acques
Present
Absent
Present
Present
Present
Present
Present
Staff Present: Naomi Zwerdling, Interim Community Development Director; Mary
Tennant, City Recorder
For the record, Chairperson Lima read a statement of procedure to be following during
this meeting.
0099 MINUTES.
A) Planning Commission minutes of August 25, 2005.
V ANCIL/GRIGORIEFF... accept the minutes as written. The motion passed
unanimously.
0136 COMMUNICATIONS.
A) Woodburn City Council minutes of August 8, 2005
B) Woodburn City Council minutes of August 22, 2005
0170 PUBLIC HEARING: SUBDIVISION 04-02 - PROPOSAL TO SUBDIVIDE LOTS
#3 AND #4 OF THE TOWN CENTER AT WOODBURN SUBDIVISION INTO 64
SINGLE FAMILY DWELLING LOTS AND ONE COMMON LOT
(MONTEBELLO IV SUBDIVISION). Capital Development Company.
Chairperson Lima declared the public hearing open at 7:00 p.m.
No Commission members declared a conflict of interest or ex-parte contacts regarding
this matter.
Interim Director Zwerdling read the land use statement required under ORS Chapter 197.
She reviewed the staff report on the proposed subdivision of approximately 16,88 acres
into 64 single family dwelling lots and one common property tract for Phase 4 of the
Montebello Subdivision, It was noted that the property is zoned single family residential
and is surrounded by medium density residential zoned property to the north, commercial
Page 1 -- Planning Commission Meeting Minutes, September 22, 2005
f
WOODBURN PLANNING COMMISSION MEETING MINUTES
SEPTEMBER 22, 2005
TAPE
READING
general zoned property to the west, Marion County Urban Transition Farm zoned
property to the east, and Marion County Exclusive Farm use zoned property to the south.
It was noted that the property to the east is located outside of the city limits but within the
urban growth boundary and the property to the south is located outside of the city limits
and outside of the urban growth boundary. The applicant is part of the Town Center at
Woodburn Subdivision and they had platted the entire subdivision which shows all of the
dedications of the roadways in this area including roadways that have not been built to
date. In reviewing the subdivision application, all applicable standards were met in the
Woodburn Development Ordinance and staff is recommending approval of Subdivision
04-02 subject to the conditions of approval listed within the staff report. She stated that
this property does include wetlands on lots #2, #3, and #5 and Tract "A" on the map is a
common area which will not be built upon for the purpose of not affecting the wetland
area. The applicant currently has an application before the Division of State Lands (DSL)
and there is a proposed condition of approval that the City obtain final approval from
DSL prior to final plat approval. If the DSL allows some building on this area, then the
applicant would need to come back to the City to get approval for additional building lots.
It was also noted that the dotted line on the preliminary plat map (Exhibit "A") is the
delineated boundary of the wetlands.
1024 John Donaldson. 2824 Madrona Beach Rd. Olympia. W A, Capital Development
Company, stated that his company has been before the Commission on several occasions
since they acquired the property in 1992. This is a mixed-use development and once
Montebello 3 & 4 are built out, there will be over 300 homes in this area. The next part of
the project is more difficult for them but it involves a 60-acre parcel adjacent to the
freeway and they have been working hard to bring some complementary retail tenants to
this commercial location. In regards to the wetland issue, the wetland delineation report
they reviewed in 1992 indicated the potential for a very small amount of wetland on the
southern boundary of the property. When his company went into creating smaller parcels
for the Woodburn Town Center project, DSL notified them that they had been looking at
photographs from the 1930's and it was determined that there were over 7 acres of
wetlands on this property. He stated that they have submitted both on-site and off-site
mitigation plans with DSL which will be covered in more detailed by George Wilhelm.
He complimented the staff on their work in moving this project forward.
George Wilhelm. Wilhelm Engineering. P.O. Box 561. Woodburn, stated that Capital
Development is requesting approval ofthe preliminary plat for Montebello 4. The
property was annexed in 1992 with Comprehensive Plan Amendment and Zone Change
approved in July 1999 with the preliminary plat for Montebello I. Montebello 2 was
approved in July 2000 and Montebello 3 was approved in 2003 but Montebello 3 has not
been built as of this date. It was noted that the final plat for Town Center at Woodburn
was recorded in 2004. He stated that Montebello 4 includes 64 residential lots and "Tract
Page 2 - Planning Commission Meeting Minutes, September 22, 2005
~
WOODBURN PLANNING COMMISSION MEETING MINUTES
SEPTEMBER 22, 2005
TAPE
READING
A" which is preserved as a wetland. The applicant is in the process of constructing Stacy
Allison Way to Hooper Street, all of Hooper Street, Center Street, and the extension of
Evergreen Road to the south end of the Town Center plat. The applicant is also
proposing to record CC&R's which would provide for uniform fencing and maintenance
standards along Hooper Street and, if necessary, maintenance for Tract A. He reviewed
the issues that have delayed the infrastructure in Montebello 3 and 4 in regards to the
wetlands. The applicant is working with Coffey Geo-Science consultants to determine
the extent of the wetland and developing a mitigation plan. Over the last few months, an
agreement with DSL has been reached regarding the extent of the wetlands, and, in the
last month, a fill permit and mitigation plan has been submitted to DSL and the Corps of
Engineers. DSL has insisted on a criteria that the applicant avoid some of the wetlands
on-site and provide some on-site mitigation. The preliminary plat includes a "Tract A"
which is a 2.94 acres set-aside for wetland preservation and enhancement and is the
majority ofthe on-site mitigation for the entire Town Center plat. On this property, DSL
has the following objectives: I) elimination of exotic vegetation and development of a
hydrologic connection with the wetland to the east; 2) establishment of native wetland
vegetation; and 3) the mitigation site will meet the 1987 vegetation and hydrology criteria
within five years. He stated that the applicant's first choice was to established an off-site
wetland with no wet-land development in the residential areas but the DSL was very clear
that they would not approve any plan that did not include on-site mitigation. The agreed
total wetland area on the entire 120-acre site is 7.62 acres and the permit application
submitted within the last month includes 11 acres of off-site mitigation, avoiding 0.4 acre
on-site, and the 2.94 acres identified as "Tract A". In summary, the applicant believes
that the application meets all of the pertinent criteria for approval, find that the staff
report is complete, and requested Commission approval of preliminary plat for
Montebello 4.
2120 Commissioner Hutchison questioned if a homeowners association would be established
that would include the maintenance of the wetlands area,
Mr. Wilhelm stated that the on-site mitigation area will have specific plantings and DSL
will be monitoring that area for at least 5 years. During that period of time, the owners
will be making sure that the native wetland plants and hydrology get established. After
that time, in theory, there should not be maintenance since it will be considered a wild
area. It was noted that the DSL will take control over the wetland area.
Interim Director Zwerdling stated that the condition in the staff report allows for the
property owner or Homeowner's Association to maintain the wetland area but the
wetland area is under the jurisdiction ofDSL who will make the decision as to what
maintenance, if any, is to be done.
Commissioner GrosJacQues questioned how non-native plants will be controlled in the
Page 3 - Planning Commission Meeting Minutes, September 22, 2005
WOODBURN PI,ANNING COMMISSION MEETING MINUTES
SEPTEMBER 22, 2005
TAPE
READING
wetland area.
Mr. Wilhelm stated that this question was beyond his area of expertise.
2447 No one in the audience spoke either for or against the application.
Chaimerson Lima declared the public hearing closed at 7:40 p.m.
Commissioner Jennings stated that this development began many years ago and he now
understands why it has taken so long to get to this stage. He expressed his support of the
application,
Commissioner Vancil also expressed his support for the proposal but he expressed his
concern regarding lack of playground facilities in this area. He stated that the nearest
facility is Nellie Muir School and felt that with the amount of Parks Systems
Development fees collected from this development alone should result in at least the
development of a small playground for this development. He had spoken with the Park
and Recreation Director who referred him to the Capital Improvement section of the
City's budget which shows how system development funds are proposed to be spent in
future years. He reiterated that he has a serious concern and suggested that future
revisions of the development ordinance provide for parkland development.
Chaimerson Lima expressed his concern on the traffic generation that this new
development will create since, over time, it will cause more congestion near the
interchange. He is also concerned with overcrowding in the schools since this
development will have a large number of children in the households. Even though this is
not their area to decide, he stated that the City will need to address these issues within the
near future.
Commissioner Jennings stated that he has driven through this subdivision over the years
and he has been surprised as to how freely the traffic does flow in the area and not created
the traffic congestion that was anticipated. He agreed that the regular commute does
create traffic congestion but he also felt that the City is closer to have improvements to
the 1-5 interchange which will help to relieve some of the congestion. He also expressed
his concern on the lack of playgrounds in that area.
Brief discussion was held regarding the strip of land that currently belongs to the City
which has been designated as a future walkway rather than parkland.
Commissioner Jennin~s suggested that concerned citizens approach the City Council to
petition that playground equipment be placed in the strip.
V ANCIL/GROSJACQUES... approve Subdivision 04-02 as written by staff contingent
Page 4 - Planning Commission Meeting Minutes, September 22,2005
.
WOODBllRN PLANNING COMMISSION MEETING MINUTES
SEPTEMBER 22, 2005
TAPE
READING
on the conditions presented in the staff report and direct staff to prepare a final order for
adoption at the next meeting, On roll call vote, the motion passed unanimously.
3200u PUBLIC HEARING: ANNEXATION 04-02, ZONE CHANGE 04-02. AND
DESIGN REVIEW 04-18 - PROPOSAL TO ANNEX 9.62 ACRES OF LAND INTO
THE CITY, CHANGE ZONING FROM MARION COUNTY URBAN
TRANSITION FARM (UTFl TO CITY COMMERCIAL GENERAL leG), AND
FOR DESIGN REVIEW APPROVAL OF A CHURCH FACIL TY TO BE
LOCATED AT 2045 MOLALLA RD, LatterDav Saints Church.
Chairperson Lima declared the public hearing open at 7:51 p.m,
No Commission members declared a conflict of interest or ex-parte contacts.
Interim Director Zwerdling read the land use statement required by ORS Chapter 197.
She reviewed the staff report on the proposed annexation of property located at 2045
Molalla Road along with the proposed change in zoning and design review of a 25,000
sq. foot church facility, 300 sq. foot storage building, and 1,800 sq. foot covered picnic
shelter. It was noted that the property to the west and east are designated as Commercial
on the City's Comprehensive Plan map, the property to the north is the site of the
MacLaren Youth Correctional Facility, and the property to the south (located across from
Highway 2111M0lalla Rd) is zoned medium density residential (RM). Currently, there is
a single family dwelling on the property. The applicant has met all applicable standards
in the Woodburn Development Ordinance and the applicants will be meeting all ofthe
infrastructure requirements. She reviewed the site plan which will include one access
onto Highway 211 and the applicant will be required to go through ODOT for the access
permitting process. Additionally, staff has worked with the applicant to provide for a
shared-access easement so that when the properties to the west develop there is an
opportunity for them to also utilize that access. The applicant's landscaping plan far
exceeds the City's requirements. The main building is in the front portion ofthe site with
a trash enclosure and storage building located on the east side of the site. The pavilion
(covered picnic area) will be located on the rear side of the building. All of the parking,
landscaping, design, and setback requirements have been met.
Commissioner Jennings questioned if the western boundary ofthis property abuts the
Truss-T property.
Interim Director Zwerdling stated that it does abut the Truss- T property.
4100 Mark Cottle. Land Use Consultant for the Church of Jesus Christ Latter Dav Saints. P.O,
1124. Sherwood. OR, stated that this building will function as a Stake building
(administrative group meeting site) and a Ward building. There will be two Wards in this
building and is in addition to the LDS Church located on Country Club Road which also
Page 5 - Planning Commission Meeting Minutes, September 22, 2005
-
WOODBURN PLANNING COMMISSION MEETING MINlJTES
SEPTEMBER 22, 2005
TAPE
READING
houses two Wards. He stated that this building will be used throughout the week for
their various programs. He stated that this facility will have 297 parking spaces. One
property owner to the east has contacted them about the impact this building may have on
her growing capacity since she does grow her own food. Their architect and landscape
architect have been working with her to diminish any negative impact on throwing
shadows from trees planted or fencing installed. A chain linked fence will be installed
but no slats will be inserted on the portion of land that they share with her per her request.
It was also noted that the parking lot is setback from the property line so that there is a
buffer zone and appropriate size shrubs will be planted as a buffer. The picnic area will
be used for the most part on the weekends with very little Sunday use. He stated that the
storm ponds will not be ponds rather they will be bio-filters mainly to control the water
and there will not be standing water in the ponds on a long term basis.
5049 Mack McSwain. McSwain Architects. 4040 SE International Way. Suite E-204.
Milwaukie. OR 97222, stated that he had spoken with the neighbor today about her
concerns and, as a result, the trash enclosure will be relocated from the proposed location
on the east side to an area next to the west side of the building with a slatted fence around \
it. If it meets City approval, they would like to relocate it from the east side of the
building to a location to the west. She had also requested that a temporary fence be
erected at the beginning of construction so that earth moving equipment does not
inadvertently cross over to her property and also protect the tree roots that are along the
property line.
Chairperson Lima questioned if the relocation of the storage building and trash enclosure
are within the prerogative that she has in working with the applicant.
Interim Director Zwerdling reminded the Commissioners that they will be recommending
approval with conditions to the City Council and another public hearing will be held
before the Council. Therefore, it is possible to make changes to the plan at this point in
time.
No one in the audience spoke either for or against the application.
Chairperson Lima declared the public hearing closed at 8:16 p,m.
Commissioner Vancil spoke in favor of the project and felt that it would be a nice
addition to that area of our community.
Commissioner Grigorieff stated that she was impressed with the applicant's willingness
to work with their neighbor to address her concerns along with traffic issues prior to this
hearing,
Page 6 - Planning Commission Meeting Minutes, September 22, 2005
WOODBURN PLANNING COMMISSION MEETING MINUTES
SEPTEMBER 22, 2005
TAPE
READING
V ANCIL/GRIGORIEFF... approve and request that a final order be prepared on
Annexation 04-02, Zone Change 04-02 and Design Review 04-18 with the requirements
as noted by the staff including the placement ofthe storage building and trash receptacle
in an otherwise appropriate place upon staff approval which meets code requirements.
On roll call vote, the motion passed unanimously.
5764 Interim Director Zwerdling stated that she had just now received a letter from an
individual in the audience regarding the LDS application. Since it was submitted after the
hearing was closed, she will forward it on to the City Council as part of their public
hearing packet.
5860 Commissioner Vancil referred back to the issue of parks and questioned if there was
something the Planning Commission could do to address location of neighborhood parks.
Interim Director Zwerdling stated that working with Parks & Recreation Director
Westrick would be the best source since he handles the Parks plan.
Commissioner Jennings felt that Director Westrick should have referred Commissioner
Vancil to City staff on this issue rather than the City Council.
6090 Commissioner Jennings questioned the hiring status for the secretarial position.
Interim Director Zwerdling stated that she has conducted interviews for the position and
hopes to have a person hired for the position within the near future,
6219 REPORTS.
A) Building Activity for August 2005.
B) Planning Project Tracking Sheet (revised September 8, 2005)
Interim Director Zwerdling stated that a public hearing on the Newberg Highway office
complex (1840 Newberg Highway) will be held at the next meeting. There are other
projects pending but they are at different levels of review and not ready for the public
hearing process.
6375 Commissioner Jennings stated that the City broke ground yesterday on the new Police
Facility. He stated that there were some very kind words of the Planning Commission
expressed by the Consultants at the groundbreaking,
Chairperson Lima stated that he would not be in attendance at the October 27, 2005
meeting and he is unsure ifhe will be able to make the following regular meeting.
Commissioner GrosJacques also stated that he would not be present at the October 27,
Page 7 - Planning Commission Meeting Minutes, September 22,2005
.
WOODBURN PLANNING COMMISSION MEETING MINllTES
SEPTEMBER 22, 2005
TAPE
READING
2005 meeting,
6563 ADJOURNMENT.
JENNINGS/GROSJACQUES... meeting be adjourned. The motion passed
unanimously. The meeting adjourned at 8:29 p.m..
~J
APPROVED ) (!~ Ic/t.v;;.<,-
CLAUDIO LIMA, CHAIRPERSON Date
ATTEST ~~
Naomi Zwerdling
Interim Community Development Director
City of Woodburn, Oregon
II)J~/05
,
Date
Page 8 - Planning Commission Meeting Minutes, September 22, 2005
r
ATTACHMENT D
W oodbu&'h Planning Commission
270 Montgomery St.
Woodbutn, OR 97071
22 Sept. 2005
RE: Annexation 04-02, Zone Change 04-02, & Design Review 04-18
Applicants: LOS ChurchlElroy A. Olson & Jeanne M. Fredrickson
Location: 2045 Molalla Rd, Woodburn
COMMENTSIISSUES raised by owners of adjacent single-family home at 2115 Molalla Rd, Woodburn,
Charlotte Carson-Jeske & James A. Jeske; Tax Lots 1000, 1100, & 1200
Attached are the comments/issues we have thus, far identified regarding the aforementioned proposal.
Please note that these comments reflect only four days' study of the Staff Report and less than an hour
with the full-sized plans. We therefore may discover, during the course of further analysis of the plans,
other issues or concerns. If such is the case, we will promptly discuss them with Ms. Zwerdling, prior to
the City Council hearing on the proposal.
Please also note that although we deplore the use of this site as anything other than farmland, we are
attempting to work with the applicant to reach compromises that are reasonable to both the LDS and to us.
Toward that end, we have opened-but not concluded-discussion with the applicant's representative,
architect, and landscape architect regarding these concerns and hope to resolve those items not clearly
addressed in the zoninglbuilding code by means of a written agreement, the terms of which will be
reflected in the plans presented for fmal approval and for the permitting process.
(}?u~ taw'1'l JjJ.fk.-
Charlotte Carson-Jeske
~.1('~ A,ee-~JttJ.A.
James A. Jeske
T
RE: Annexation 04-U2, Zone change U4-U1., & lJeslgn KeVlew U4-1lS
Applicants: LOS ChurchlElroy A. Olson & Jeanne M. Fredrickson
Location: 2045 Molalla Rd, Woodburn
Page 2
COMMENTSIISSUES raised by owners of adjacent single-family home at 2115 Molalla Rd, Woodburn,
Charlotte Carson-Jeske & James A. Jeske; Tax Lots 1000,1100, & 1200
ISSUE #1: Natural light/ Sunlight
Description of Issue:
Any building, landscaping, or fencing that block natural light and/or cast shadows at ground level on any
portion of our property will impact us negatively, since a significant portion of our westerly most plantings
are within 5 to 10 feet of the property line that separates our property from the LOS site, More
specifically:
1. The grapes, berries, walnut tree, apple tree, plum tree (in higher demand than any other froit we grow),
& ornamentals on the west side of our property-the side adjacent to the proposed LOS church-as
well as the low-growing herbs (etc.) in our garden area, all take advantage of the late afternoon sun and
have had unobstructed sun across approximately 2 acres of the subject property for the 20 years we've
owned this home. The north-south ridgeline of the proposed church building and its easterly covered
porch will cast shadows as the sun approaches the horizon each afternoon. Since it's impractical to ask
the applicant to site the building farther north on their lot, we seek a limit on the height of landscaping
elements on the east side of the LOS building and parking area that would cast additional shadows
beyond those cast by the building itself.
2. PVC or any other type of slats in the cyclone fencing that is proposed to separate our property from
that of the LOS project would futher block natural light. Any type of fencing other than open-wire
(such as cyclone fencing without slats of any kind) is highly objectionable to us.
3. We depend on late-afternoon sun on the west face of our house for heating in spring, autumn, & winter
to reduce our energy uselheating costs.
Please note that our needs/requirements regarding screening are the precise opposite of those normally
requested/required/devised to protect less-intrusive land uses from adjacent more-intensive uses. Loss of
natural light, for us, will actually constitute loss of use to some degree along the entire length of our
property abutting the proposed LOS development, and typical screening would therefore be
counterproductive from our standpoint.
Proposed Solutions:
1. (Reference: landscaping plan, eastern perimeter of the parking area that lies east of the main LOS
building, extending from its southernmost border, all the way north to our rear/northernmost property
line): Delete or replace all trees and shrubs able to attain a height greater than 4 feet, especially
the cypress trees (defmed in one of our references as "rapidly attaining a height of 40 feet or more" and
shown on the plan as only 25 feet from our common property line). Also delete the cypress trees
bordering the southern edge of the same parking area. (A hedge of shorter shrubs lining both
borders of the same parking area already appears on the landscaping plan, and should suffice to screen
headlights at night to our satisfaction.)
2. (Reference: landscaping plan, swale catch-basin at southeast corner of LOS site): Delete all trees and
shrubs able to attain a height greater than 4 feet from the easternmost half of the swale
(approximately 120 feet), including and especially the easternmost 12 red alder trees. (Approximately
11 alders would remain, together with the shrubs and other riparian plantings shown surrounding this
swale; and the frontage tree count would seemingly still exceed code requirements.) Any trees in this
area would shade the high-demand plum tree at the southwest comer of our property.
3. Specify on all plans submitted for final approval that only open fencing (no slats or other light-
obstnlcting material) is to be used along the entire common boundary between our property and the
LOS site.
J:U:.; I'\.UU~Jl.llUUI1 V't-V-', L.U11~ \..lllUl~e V't-V~. << ucslgn KCVICW U4-11S
Applicants: LOS ChurchlElroy A. Olson & Jeanne M. Fredrickson
Location: 2045 Molalla Rd, Woodburn
Page 3
COMMENTSJISSUES raised by owners of adjacent single-family home at 2115 Molalla Rd, Woodburn,
Charlotte Carson-Jeske & James A, Jeske; Tax Lots 1000, 1100. & 1200
ISSUE #2: Noise, daytime
Description of Issue:
We bought this property in 1985 as our retirement home, when Woodburn was still heavily skewed
towards retirement living. Our primary activities involve research, reading, analysis, writing, and
growing food. Noise interferes with the concentration necessary for all but one of these uses.
Furthermore, by virtue of my handicap, I am present virtually 2417/365 on this property, so the impact of
activities on adjacent properties is profoundly more significant for me than it is for a homeowner who is
able to be absent (for example) during weekday business hours.
Proposed Solutions:
1. (Reference: site plan, eastern portion of site): Relocate the storage building and trash enclosure to the
rear of the church, on the west side of the site, so that any noise generated during LOS access to these
areas and garbage tnlck access to the trash enclosure are not only more distant from our home, but will
also potentially be buffered by the LOS building itself. The architect has indicated to me that this
solution is not problematic for him, provided that his clients agree.
2. (Reference: site plan, eastern parking area that lies between main LOS building and our property):
Restrict outdoor activities, such as sports or children playing, to the area north of / behind the church
building, and prohibit such activities altogether in the portion of the eastern parking area that is
between the main church building and our property.
3. (Reference: site plan, eastern parking area that lies between main LOS building and our property):
Limit vehicular use of this parking area (except handicapped spaces) to overflow parking, Le., used
only when west and north/rear parking spaces are filled.
ISSUE #3: Noise and light, evening/nighttime
Description of Issue:
The architect has indicated to me that the light poles required to illuminate the parking areas are 18 feet
tall. It is our understanding that the code requires that the cone of light not illuminate the neighboring
property. Lights that illuminate the east wall of our house at night are of concern to us. We are
depending upon on-going compliance with code requirement regarding this issue.
It is our understanding, based on the applicant's narrative/proposal and a conversation with applicant's
representative Mark Cottle, that activities at the church are expected to conclude by 11pm with the
exception of periodic events such as monthly dances, which tenninate at midnight, with parking lot egress
not expected to extend beyond roughly 12:15am.
Two of our three bedrooms are on the east side of the house, adjacent to the parking area described above,
and our home is situated close to the common property boundary.
Proposed Solution:
While we recognize that churches are a permitted use in a commercial zone, we remain a less-intensive
single-family use in a non-commercial zone and are being impacted by an adjacent and more intensive
zoning and usage, We would appreciate either a Condition of Approval or enforceable written assurances
from the applicant that church activities will be restricted to the hours of 7am to llpm, with the sole
exception of occasional events that terminate no later than midnight or shortly thereafter, as described
above.
r
RE: Annexation 04-02, Zone Change U4-U~, & ueslgn KeVlew U'+- 10
Applicants: LDS ChurchlElroy A. Olson & Jeanne M, Fredrickson
Location: 2045 Molalla Rd, Woodburn
~ "5'"' "'T
COMMENTSIISSUES raised by owners of adjacent single-family home at 2115 Molalla Rd, Woodburn,
Charlotte Carson-Jeske & James A, Jeske; Tax Lots 1000, 1100, & 1200
ISSUE #4: Incursions during construction
Description of Issues:
A row of trees and shrubs extends along our west property boundary for roughly two-thirds the north-
south distance of said boundary. The trunks of the trees and shrubs, all of which were already mature
when we purchased the property in 1985, are within roughly 5 to 10 feet of the property line we share
with the applicant's site, and four of the trees are also within 10 feet of the foundation of our house. All
are tall enough that the persistent southerly wind does affect them. We have grave concerns regarding the
safely of our home, should these trees be damanged or become unstable due to one-sided pruning or root
death/damage.
Southernmost in this row is the aforementioned plum tree whose fruit is seemingly so popular, and whose
yield we therefore wish to preserve. At the opposite (northerly) end of this row is a mature English
Walnut whose fairly substantial branches are within about 6 feet of the ground and whose resistance to
winds will be severly hampered without careful, balanced pruning. It, too, could damage our home if it
should fall.
Issues can be summarized as:
1. Potential damage to root systems of all trees, shrubs, and other plantings in proximity to the common
property boundary (east line of the LDS site), particularly due to soil compaction caused by movement
of construction heavy equipment.
2. Accidental damage to, or intentional pruning of (during or after construction), our trees whose
branches may currently extend close to or beyond the common property line. To avoid potential
hazard to our house anellor grounds, pruning on our side of the trees will have to be done at the same
time as that done by/for the applicants.
3. Incursions of construction equipment of any kind onto our property are completely unacceptable to us.
4. Noise and vibration during construction.
Proposed Solutions:
1. Erect temporary protective fencing, the size and placement of which to be determined by the
landscape architect, around all of our trees and shrubs adjacent to or within 10 feet of the common
property line. (Addresses Item 1, above, and partially addresses Item 2.)
2. Should the demands of construction require pruning any of our trees that extend near to or over the
common property line, such pruning will not be done without prior consultation with me, so that I can
make arrangements to have said trees pruned on our side of the property line as soon thereafter as
possible. This issue is particularly critical to us if construction proceeds during the falVwinter/spring
months when winds are more frequent and more intense. (Addresses Item 2, above.)
3. Erect temporary construction fencing along entire common property line-fencing that under no
circumstances will allow activity of any kind on our side of the property line, whether intentional or
accidental. (Addresses Item 3, above.)
4. Limit the hours of construction activity on the site to between 7am and 7pm: Startup hour limitation is
requested because two of our bedrooms are on the side of the house facing the LDS site (as previously
noted) and are within 15 or 20 feet of the common property line. (Addresses Item 4, above.)
RE: Annexation 04-02, Zone l:l1ange U4-U:l, cSt lJeslgn 1<.eVleW U+ 1 0
Applicants: LOS ChurchlElroy A, Olson & Jeanne M. Fredrickson
Location: 2045 Molalla Rd, Woodburn
C"4~C; oJ
COMMENTSIISSUES raised by owners of adjacent single-family home at 2115 Molalla Rd, Woodburn,
Charlotte Carson-Jeske & James A. Jeske; Tax Lots 1000, 1100, & 1200
ISSUE #5: Maintainability of Common Fence Line
Description of Issue:
It is our understanding, based on discussions with both the architect and the landscape architect for this
project. that the cyclone fence separating our property from the LDS site will be centered in a foot-wide
concrete "mow strip" that allows property owners on both sides of the fence to mow directly adjacent to
the fence. and that the entire concrete mow strip will be placed on the applicant's property rather than
straddling the property line. We seek assurance that a mow strip of this description will be installed, and
that the cyclone fence will be centered within the mow strip.
Proposed Solution:
Ensure that such a mow strip is present on the final plans prior to approval. and that it extends the entire
length of the boundary between our property and that of the LDS site.
r
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nU;:JWC!ln eo WOOOS,N.LN
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p.c:
ATTACHMENT E
December 7, 2005
Naomi Zwerdling, Planner
City of Woodburn
Woodb~ OR
RE: Church of Jesus Christ of Latter-Day Saints
New Stake Center Building, 2045 M01alla Road, Woodburn, OR
Dear Naomi,
This letter is being sent to you as we reali~ that, other than the site plan we amended
after discussions with Charlotte Carson-Jeske of 2115 MoJalla Road, we have not
formalized our conversation with regard to the issues she raised and our response to
them. The following comments correspond to the five general issues she raised in her
letter of September 22, 2005, and the numbered responses correspond to her numbered
Proposed Solutions.
ISSUE #1: NaturallighUsualigbt
There is a proposed landscape: buffer east of tile church's easternmost parking area and
immediately west of the adjacent residence to the east. This buffer is approximately furty
feet in width east-west from the curb oftbe church parking lot to the common property
line.
1. In an area described by this width and the length of tile Carson-Jeske property north-
so~ the Church will limit landscaping to plants with a mature height of four feet tall or
less, except as may be required by the City of Woodburn for street trees along Molalla
Road.
2. In an area east of a line extending south to the south property line from the SW corner
of the east parking lot, and including the area of the bio-swale that fillls east of this line,
no shrubs which will mature to a height greater than four feet will be used, again subject
to the requirements of the City Ordinances.
LONGLEY F. 'MAC' MCSWAIN, AlA · STUART A. WOODS, AIAt ARCHITECTS
800 NORTH BAY SHORE DRIVE · Coos BAY, OR 97420 . 541.269.0618 · FAX 541.261,4225
mw_ cbx@mcswain-woods.com
uec Uf U;:J U"t:U~p
Mc~waln . ~OOa5,HIH
~41-~ti.I-4~~~
p.;;t
...
Page 2
3. No slats will be used in the chainlink fence along the common property line shared
between the Church and the residence at 2115 Molalla Road.
ISSUE ##2: Noise, daytime
1. Storage building and trash enclosure have been relocated away from the east
property line.
2. Since it bas an indoor gymnasiuJn. the Church does not sponsor outdoor activities
in their parking lots, so there should not be any such activity in the east parking
lot. There is a picnic shelter and open lawn area at the North end of the property
that will be used for outdoor activities.
3. The east parking lot is a dead-end lot and will probably be used less than the
others, but there is no way to guarantee this. We do not feel that it is reasonable
to expect to control parking lot use patterns into the indefinite future.
ISSUE #3: Noise, evening
1. During the hearing, Mr. Cottle spoke regarding building use patterns and hours of
use. He bas a great deal of experience in leadership in the IDS Church and is
very familiar with those patterns of use, which are generally very typical of aU
LDS Churches.
ISSUE #4: IDcanioD. during CODltnldioD
1. Rather than erect temporary construction fencing along the property line, we will
install the permanent ehainlink fence at the beginning of the construction project.
2. Should any ofthe Mrs. Carson-Jeske's trees be in the way of constructing this
fence, she will be notified prior to the Church removing limbs to accommodate
the Church's new permanent renee.
3. No temporary fence will be required: see #1 above.
4. Noise generating construction activity will be limited to hours mandated by the
City of Woodburn. Such municipal hours rarely start before 7am or extend
beyond 7pm.
ISSUE ##5: MaiDtamabiHty of Common Fence Line
I. The mow strip in which the ebainlink fence is centered shall be located entirely on
the Church property.
LONGLE\' F. '\-he' MCSWAIN. AlA · STUART A. WOODS, AlA, ARCHITECTS
800 NORTH BAYSHORE DRIVF . Coos BAY, OR 97420 . 541.269.0618 . FAX 541.267,4225
"'", rhYtfflmr';:\1J::Iin..\lVnnrl-; ~nm
Dec 07 05 04:03p
McSwain & ~ood5,AIA
541-267-4225
p.4
Page 3
I hope these responses adequately address the neighbor's concerns. Naturally we would
prefer to have screening trees and slats to screen the adjacent property as well as for
aesthetic reasons, but are willing in the interest of being good neighbors to eliminate
these items for Mrs. Carson-Jeske.
Thank you.
Sincerely,
McSwain & Woods, AlA
Arch. aDd PIaDDen
LFMlbh
Cc: Mrs. Carson-Jeske
Mark Cottle
Ray Manning
LONGLEY F. 'MAC' MCSW"IN, AlA · STUART A. WOODS, AlA, ".CHlnen
800 NORTH BAYSHORE DRIVE. Coos BAY, OR 97420 . 541.269.0618 · FAX 541.267.4225
mw cbx@mcswain.woods,com
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Naomi Zwerdling
Woodburn Community Development Dept.
270 Montgomery St.
Woodburn, OR 97071
II Dec. 2005
* REC'O *
DEe 1 2 2005
RE: Annexation 04-02, Zone Change 04-02, & Design Review 04-18
Applicants: LOS Church/Elroy A. Olson & Jeanne M. Fredrickson
Location: 2045 Mola11a Rd, Woodburn
WOODBURN COMMUNITY
DEVELOPMENT DEPT.
COMMENTSIISSUES raised by owners of adjacent single-family home at 2115 Mola1la Rd, Woodburn
(Tax Lots 1000, 1100, & 12(0)
Dear Naomi,
We received the applicant's response to our Sep. 22nd letter on Saturday, Dec. 10th. (Thank you for
mailing us a copy of the response they faxed to you; ironically, the copy they mailed to us arrived the
same day.) Since both your office and that of the architect are closed on weekends, precluding discussion
of the applicant's letter, our best recourse seems to be to respond in writing and hand-deliver our response
to you tomorrow so that it can be incorporated into the record for tomorrow evening's City Council
hearing.
We would like to go on record in noting that this delayed response by the applicants-and the brevity of
time it allows for our analysis of it before the City Council hearing-is not representative of the
cooperation voiced by the applicants at the Planning Commission hearing. Neither is 1) the fact that the
project architect did not have the plans available when he returned my calls in September and he therefore
could not provide specific answers to our questions, 2) the fact that I was told by the applicants after the
Planning COmmission hearing that they would review the issues raised in our Sep. 22nd letter & contact
me about it, with the implication that the contact would take place within a reasonable leangth of time
before the City Council hearing, and 3) the fact that no revised landscaping plan has been filed.
Regarding the applicant's Dec. 7th -letter and verbal assurances given by the applicants at and prior to the
Planning Commision hearing, we thank the applicants for the concessions they have thus far promised.
There are, however, several items in the applicant's Dec. 7th letter that are of concern to us. Referring to
the headings in the Dec. 7th letter, they are:
Item 1 under ISSUE #1: Natural light I sunlight
RE: Width of the tree-free area between the building's east wall and the common property line:
Miscommunication has apparently occurred regarding the tree-free area we requested in the
landscaping plan. The 40-foot buffer area addressed in the Dec. 7th letter is not the entirety of the area
in which trees will cast shadows on our property. We will meet with the applicant's representative
immediately before the City Council hearing in an attempt to resolve this issue.
Item 2 under ISSUE #1: Natural light I sunlight
RE: The bio-swale area in which only shrubs with a mature height of 4 feet will be used:
The area., as delineated in the McSwain letter, scales out to be approximately 80 feet wide, east to west.
We requested that the height limitation apply to an area approximately 120 feet wide in this location,
Is this an oversight, or a refusal?
Item 3 under ISSUE #2: Noise, daytime
Applicant's letter reads, "We do not feel that it is reasonable to expect to control parking lot use
patterns into the indefinite future." While we agree with that statement, our concerns could easily be
addressed by the applicants placing a permanent sign at the entrance to the subject parking area that
reads "Overflow parking only, please" or something to that effect.
RE: Annexation 04-02, Zone Change 04-02, & Design Review 04-18
Applicants: LDS ChurcblElroy A. Olson & Jeanne M, Fredrickson
Location: 2045 Mola1la Rd, Woodburn
Page 2
Dec. 11th ComrnentslIssues raised by owners of adjacent single-family home at 2115 Molalla Rd, Woodburn
Item 1 under ISSUE #3: Noise, nighttime
The Dec. 7th letter does not really address the concern raised in our Sep. 22nd letter. We reiterate our
request as stated in our letter: We would appreciate either a Condition of Approval or enforceable
written assurances from the applicant that church activities will be restricted to the hours of 7am to
11 pm, with the sole exception of occasional events that terminate no later than midnight or shortly
thereafter.
Item 1 under ISSUE #4: Incursions during construction
Applicant's letter addresses our Proposed Solution #3 but makes no mention of our Proposed Solution
#1, which deal with two separate issues. Two fencing issues were raised in our Sep. 22nd letter,
The first-a linear fence along our common property line, to deter construction activity from
inadvertently spilling over onto our property-has been addressed to our satisfaction by the applicant's
letter stating that the permanent chainlink fence will be erected as the first phase of construction.
The second-non-linear, semi-circular temporary fencing to protect the root systems of our trees and
shrubs near the common property line-was not addressed at all in the applicant's Dec. 7th letter. The
placement and configuration of this fencing is the purview of a landscape architect, and points out yet
again the import of the absence of a revised landscaping plan prior to the City Council hearing.
Item 2 under ISSUE #4: Incursions during construction
The applicants have graciously agreed to notify us "prior to the Church removing limbs to
accommodate the Church's new permanent fence," as per our previous request. However, we were not
specific enough in the wording of our request. Based on our experience, we need at least two weeks'
advance notice to arrange for an arboristltree surgeon to schedule pruning our side of the trees for
balance. To reiterate, our primary concern in this regard is that a single moderate wind storm could be
enough to cause one or more of our trees-which stand roughly 10 feet from our house-to topple onto
the house if both sides of the trees are not lopped at the same time.
In addition to the above issues, we have two concerns that have not been formally addressed, in part
because we have had no contact with the applicants since the Sep. 22nd Planning Commission hearing.
These concerns are:
1. Noise, daytime and nighttime
We seek assurances that the doors on the east side of the church building (the side that faces our home)
will not be propped open during either church services or group activities such as dances or sports
events.
2. Incursions during construction
I believe that at some point, one of the applicant's representatives gave verbal assurance that they
would provide us advance notice of their construction start date, once it had been firmed up, so that we
have time to secure items in our home that could sustain damage due to the vibration caused by heavy-
construction equipment since the west wall of our house is only roughly 15 feet from the common
property line. We now formally request that this notice be given at least two weeks prior to the
scheduled start dDte of construction.
RE: Annexation 04-02, Zone Change 04-02, & Design Review 04-18
Applicants: LDS ChurchlElroy A, Olson & Jeanne M, Fredrickson
Location: 2045 Molalla Rd, Woodburn
Page 3
Dec. 11th CommentslIssues raised by owners of adjacent single-family home at 2115 Mo1alla Rd, Woodburn
We respectfully request that the City Council make all terms of the LDS agreement with us-including a
revised landscaping plan that reflects agreed-upon changes-Conditions of Approval so that said terms
can be enforced and will not be inadvertently overlooked during the permit and construction processes.
~~~:' -~~
~ecz.~
OPENING STATEMENT FOR LAND USE HEARINGS
REQUIRED BY ORS CHAPTER 197
This is the time set for public hearing in ANNEXATION 04-02,
ZONE CHANGE 04-02 and DESIGN REVIEW 04-18 to annex 9.62 acres of land into
the City of Woodburn and change the zoning of the property from Marion County
"Urban Transition Farm" (UTF) to City of Woodburn "Commercial General" (CG)
located at 2045 Molalla Road. The applicant also requests design review
approval for a 25,000 square foot church facility, 300 square foot storage
building and 1,800 square foot pavilion (covered picnic shelter).
The applicant is the LDS Church and the property owner is Elroy Olson.
1. The law requires the City to list all substantive criteria relevant to
each hearing. The applicable substantive criteria is listed in the
notice of public hearing and is as follows:
Annexation 04-02:
A. WOODBURN DEVELOPMENT ORDINANCE
Section 5.104.01 Annexation
B. WOODBURN COMPREHENSIVE PLAN
Zone
A.
Change 04-02:
WOODBURN DEVELOPMENT ORDINANCE
Section 5.104.04 Zoning Map
WOODBURN COMPREHENSIVE PLAN
Change; Owner Initiated
B.
Design Review 04-18:
WOODBURN DEVELOPMENT ORDINANCE
Section 2.106 Commercial General (CG)
Section 3.101 Street Standards
Section 3.102 Utilities and Easements
Section 3.104 Access
Section 3.105 Off Streets Parking and Loading
Section 3.106 Landscaping Standards
Section 3.107 Architectural Design Guidelines and Standards
Section 5.103.02 Design Review for All Structures 1000 Sq. Ft.
OR MORE
The full text of all listed criteria is printed in the staff report
which has been distributed prior to this hearing and is also available
now for inspection by any interested persons.
2. All testimony and evidence must be directed toward these criteria or
other criteria in the plan or land use regulation which the person
testifying believes apply to the decision. Please relate your testimony
to the listed criteria.
Page 1 - Opening Statement for Land Use Hearings
T
3. The failure to raise an issue accompanied by statements or evidence
sufficient to afford the City Council and the parties, an opportunity to
respond to the issue, precludes appeal to the Land Use Board of Appeals
based on that issue.
4. The failure of the applicant to raise constitutional or other issues
relating to proposed conditions of approval with sufficient specificity
to allow this Council to respond to the issue precludes an action for
damages in circuit court.
5. Any participant may request, before the conclusion of the initial
evidentiary hearing, an opportunity to present additional evidence or
testimony. The City Council shall grant the request by either:
(a) continuing the public hearing to a specific date and time at
least seven days from the date of the initial evidentiary hearing,
or
(b) leaving the record open for at least seven days for additional
written evidence or testimony.
If the hearing is continued and new written evidence is submitted at the
continued hearing, any person may request, prior to the conclusion of
the continued hearing, that the record be left open for at least seven
days to submit additional written evidence or testimony to respond to
the new written evidence. If the record is left open rather than
continuing the hearing, any participant may file a written request to
reopen the record to respond to new evidence submitted while the record
was left open and the City Council shall grant that request. The
applicant is allowed at least seven days after the record is closed to
all other parties, to submit final written arguments, but not new
evidence, in support of the application.
6. If additional documents or evidence are provided by any party, the City
Council may allow any party to the hearing a continuance of the hearing,
or leave the record open, to allow the party a reasonable opportunity to
respond.
7. Everyone addressing the City Council is requested to come forward, use
the microphone, and begin by giving your full name and address. We wish
to hear from everyone who is interested in the proposal. (For those of
you who wish to testify, please be sure to fill out the "Hearing
Testimony Sign-Up Sheet" located on the table in the hallway). We will
now proceed with the staff report.
Page 2 - Opening Statement for Land Use Hearings