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Agenda - 01/09/2006 CITY OF WOODBURN CITY COUNCIL AGENDA JANUARY 9, 2006 -7:00 P.M. KATHRYN FIGLEY, MAYOR WALTER 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. City Hall and the Woodburn Public Library will be closed Monday, January 16,2006, in observance of the Martin Luther King holiday. The Aquatic Center will be open with regular hours. B. Marion County Environmental Services has scheduled a one- day-only Styrofoam Collection Event for January 21,2006 from 9:00 a.m. to 3:00 p.m. (or until full) at Pringle Creek Community in Salem. Packing foam (such as Styrofoam), Styrofoam meat trays (must be clean) and Styrofoam egg cartons will be accepted. Packing peanuts will not be accepted. C. A public hearing will be held on January 23, 2006 to consider formal interpretation 05-01 for the location of a secure residential care facility (1605 E. Lincoln). D. A public hearing will be held on January 23,2006 to consider a property sale to Habitat for Humanity. Appointments: E. Budget Committee Reappointment 1 4. PROCLAMATIONS/PRESENTATIONS Proclamations: None. "Habra lnterpretes ~lsponibles para aquellas personas que l10 bablan Ingles, previo acuerDo. Comul11quese al (503) 980-2485:' January 9, 2006 Council Agenda Page i Presentations: A. Woodburn Legion Post No. 46 5. COMMITTEE 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 December 12, 2005 2 Recommended Action: Approve the minutes. B. Woodburn Recreation and Parks Board draft minutes of 8 December 13, 2005 Recommended Action: Accept the draft minutes. C. Woodburn Planning Commission minutes of November 10,2005 10 Recommended Action: Accept the minutes. D. Woodburn Library Board minutes of December 14, 2005 18 Recommended Action: Accept the minutes. E. Planning Tracking Sheet dated January 3,2006 21 Recommended Action: Receive the report. F. Building Activity for December 2005 24 Recommended Action: Receive the report. G. Claims for November 2005 Recommended Action: Receive the report. 25 H. Hiring Process for Assistant City Attorney Recommended Action: Receive the report. 29 January 9, 2006 Council Agenda Page ii 9. TABLED BUSINESS A. Union Pacific Pipeline Crossing Agreement (Tabled until January 23, 2006) 10. PUBLIC HEARINGS A. Appeal of Zoning Adjustment Case File No. 05-02 located at 31 120 Smith Drive 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. Council Bill 2602 - Ordinance annexing 9.62 acres of property 78 into the City of Woodburn located on the south side of Molalla Road and north of June Way at 2045 Molalla Road; granting a zone change from Marion County UTF (Urban Transition Farm) zone to City of Woodburn CG (Commercial General) zone; approving Design Review Application Case File No. 04-18; and attaching certain conditions thereto Recommended Action: Adopt the ordinance. B. Council Bill 2603 - Ordinance vacating that portion of Sixth 118 Street south of West Lincoln; and declaring an emergency Recommended Action: Adopt the ordinance. C. Council Bill 2604 - Resolution establishing the compensation 125 schedule for certain hourly and seasonal employees Recommended Action: Adopt the resolution. D. Council Bill 2605 - Resolution initiating consideration of the Mill 130 Creek Greenway Master Plan Recommended Action: Adopt the resolution. E. Acceptance of Public Right-of-Way 134 Recommended Action: Accept the attached Public Rights of Way as described on Attachment "A." January 9, 2006 Council Agenda Page iii F. Revision to Business Registration Ordinance 141 Recommended Action: Direct staff to prepare an ordinance reflecting the Council's discussion. 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 Design Review 143 05-09 located at 153 Grant Street 14. CITY ADMINISTRATOR'S REPORT 15. MAYOR AND COUNCIL REPORTS 16. EXECUTIVE SESSION A. 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). B. To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (1) (f). 17. ADJOURNMENT January 9, 2006 Council Agenda Pageiv T (-". ~...,),...~..~.\. MI., ~ WPOQBURN IlIc"'I'c'dted 1St''! 3E ~~ . . January 6, 2006 FROM: City Council ~ Kathy Figley, MayorU Budget Committee Reappointment TO: SUBJECT: The following reappointment is made, subject to the approval of the Council. Please forward any adverse comments to me prior to the Council meeting on Monday, January 9,2006. No reply is required if you approve of my decision. Position III - Alma Grijalva - reappointment, new term ends 12/31/08 1 SA COUNCIL MEETING MINUTES DECEMBER 12, 2005 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, DECEMBER 12, 2005. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0010 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, Police Chief Russell, Interim Community Development Director Zwerdling, Finance Director Gillespie, Public Works Manager Rohman, City Recorder Tennant 0042 ANNOUNCEMENTS. A) Holiday Closures: Christmas - City Hall and the Library will close at 12:00 noon on Friday, December 23rd, and re-open for regular business on Tuesday, December 27th. 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 will be closed on January 1 and 2, 2006. The Aquatic Center will be closed on January I, 2006. B) Library Program for Children featuring Mrs. Claus will be held on December 17, 2005, 2:00 p.m. along with festive fun including magic and rabbits. C) Historical Berry Museum will be hosting a holiday open house on December 16, 2005 from 1 :00 pm until 3 :00 pm. Glenda McClain will be performing Christmas music during the open house. D) Public hearing will be held before the City Council on January 9, 2006, 7:00 p.m., to consider an appeal of the Community Development Director's approval of zoning adjustment 05-02 (120 Smith Drive). 0113 PARK AND RECREATION BOARD RE-APPOINTMENTS. Mayor Figley re-appointed Bruce Thomas (Position VI) and Herb Mittmann (Position VII) to the Park and Recreation Board with their new terms ending December 31, 2008. MCCALLUM/COX... confirm the Mayor's re-appointment of Bruce Thomas and Herb Mittmann on the Park and Recreation Board. The motion passed unanimously. Page 1 - Council Meeting Minutes, December 12, 2005 2 COUNCIL MEETING MINUTES DECEMBER 12, 2005 TAPE READING Mayor Figley stated that there are vacancies on the Budget Committee and Library Board. She urged residents interested in serving on either one of these boards to submit an application to the City Administrator's office for her review. 0230 CONSENT AGENDA. A) approve City Council regular and executive session minutes of November 28,2005; B) accept the Library Board minutes of November 9,2005; C) accept the Planning Commission minutes of October 13, 2005; D) receive the Building Activity report for November 2005; E) receive the Planning Tracking Sheet dated December 1, 2005; and F) receive the Police Department Statistics dated November 2005. NICHOLS/SIFUENTEZ... adopt the consent agenda as presented. The motion passed unanimously. 0280 TABLED BUSINESS: UNION PACIFIC PIPELINE CROSSING AGREEMENT. Mayor Figley stated that staff is trying to obtain more information on this issue, therefore, this item will remain on the table. 0290 PUBLIC HEARING: ANNEXATION 04-02. ZONE CHANGE 04-02. AND DESIGN REVIEW 04-18 LOCATED AT 2045 MOLALLA RD. Mayor Figley declared the public hearing open at 7:07 p.m.. The Mayor and Councilors each stated that they are familiar with the location of the property. Recorder Tennant read the land use statement required under ORS Chapter 197. Interim Director Zwerdling stated that the Latter Day Saints (LDS) Church has submitted a land use application to (1) annex 9.62 acres into the City, (2) change the zoning from Marion County Urban Transition Farm (UTF) to City Commercial General (CG), and (3) design review for a 25,000 square foot church, 300 square foot storage facility, and an 1,800 square foot pavilion for a covered picnic shelter. The Planning Commission adopted their Final Order recommending approval of the application, subject to conditions outlined in the order, on October 13,2005. She stated that the applicant's project had met all of the applicable standards and criteria within the City's Development Ordinance and utility services can be provided to the subject property. The applicant will pay for all linkage and capacity issues and for all costs related to the development of the subject site so that the City is not burdened with the impact. A letter from Charlotte Carson-Jeske and James Jeske (property owners adjacent to the east side ofthe subject site) was received by the City on this date, entered into the record, and copies of this letter provided to the Council for their consideration. It was noted that the applicant has been meeting with the property owners to work through different issues of concern. Councilor Cox questioned if this was a de nova hearing on the design review application. Page 2 - Council Meeting Minutes, December 12, 2005 3 COUNCIL MEETING MINUTES DECEMBER 12, 2005 TAPE READING Interim Director Zwerdling stated that it is part of the ordinance and structure and the property is currently in Marion County. It has been the City's policy to process applications concurrently so the design review request is subject to the annexation and zone change requests. The design review would be contingent upon the annexation and zone change. The Planning Commission has recommended that the annexation, zone change, and design review be approved by the Council. 1072 Mark Cottle, representing LDS Church, stated that they have been working with the property owner to the east and most of the design changes are associated with landscaping and no fence slats so that there is minimal shadows onto the Jeske's property who grow crops on their property near the property line. The Church is willing to maintain a 4-foot high buffer along the fence line and they will work with the City to plant dwarf or semi- dwarf trees to protect the shadow casts on the Jeske's plants. He also stated that the distance between the edge of the parking lot and property line is about 39 feet. The Church also made another change after the Planning Commission hearing which was to move the trash receptacle to the back so that it would not impose any unreasonable noise on the neighbors. The Jeske's have also requested that the parking on the east side of the building be designated as overflow parking, however, the Church does not feel that they can meet this request since City code encourages parking around the building and their administrative offices are located on the east side of the building. He stated that this building will serve as a Stake Center for Wards located in the Keizer and Woodburn area in addition to accommodating two local Wards at this time. It was noted that these two Wards are in addition to the Wards currently utilizing the LDS Church located on Country Club Road. The interior noise will not go beyond the walls of the building since the general congregation area is surrounded by classrooms. He stated that most meetings will conclude by 9:00 p.m. and occasional dances may extend to 12:00 midnight. It was also noted that the LDS Church located on Country Club Road is approximately 16,000 square feet in size whereas this building would be approximately 25,000 square feet. Councilor Bjelland questioned the construction time table if this application is approved. Mr. Cottle stated that they expect an I8-month time period for construction following approval, therefore, the estimated time period for completion is in 2007. No one in the audience spoke either for or against the land use application. 1930 Mayor Figley declared the public hearing closed at 7:32 p.rn.. Councilor Cox stated that he had reviewed the Planning Commission record along with the correspondence from the neighbors and the response from the LDS Church. He feels that the concerns have, for the most part, been met by the Church. The Jeske's have requested that the formal conditions be place on the Church based on what they have agreed to do, however, he is reluctant to formalize those conditions at this time. Attorney Shields stated that the LDS Church as met with the neighbors and they are willing to put into writing certain assurances they have made to the neighbors. He cautioned the Council in that, from a land use perspective, the Council needs to address Page 3 - Council Meeting Minutes, December 12, 2005 4 COUNCIL MEETING MINUTES DECEMBER 12,2005 TAPE READING standards and criteria under the City's code. Even though it is good for the developer to be sensitive to the community and to put into writing their assurances and make representation on the Council's record, the Council still needs to focus on the criteria and the standards. Councilor McCallum concurred with comments made by Councilor Cox. He also stated that he had lived near an LDS Church for about 28 years in a Woodburn neighborhood and the Church was always an excellent neighbor. Councilor Lonergan felt that this would be a good project for the City. Mayor Figley agreed that the applicant has met the City's requirements and have worked with the neighbors to address their concerns. COX/NICHOLS... approve Annexation 04-02, Zone Change 04-02 and Design Review 04-18 and instruct staff to come back with an ordinance to implement that approval subject to all of the conditions in the Planning Commission recommendation. On roll call vote, the motion passed unanimously. 2350 ACCEPT ANCE OF BANCROFT BOND APPLICATIONS. Staff recommended the acceptance of Bancroft Bond applications submitted by Eldon & Marilyn Hoekstra (2340 Miller Farm Rd) and Brian & Shelby Gales (2491 Tracy Lane) which were received after the initiallO-day filing period. COX/NICHOLS.... accept the late filed Bancroft Bond applications. The motion passed unanimously. 2400 AUDIT REPORT FOR FISCAL YEAR 2004-05. BJELLANDINICHOLS... accept the audit report as presented. Finance Director Gillespie stated that a copy of the report is on file at the Library in addition to being available at the Finance office. Councilor Nichols congratulated the Finance Director on receiving a good report. Director Gillespie stated that the management team provides a good internal control of finances which is why the report is so positive. The motion to accept the report passed unanimously. 2503 ACCEPT ANCE OF PUBLIC WATER MAIN EASEMENT. Staff recommended the acceptance of a water main easement from Kerr Contractors, Inc. as a condition of a land use approval to construct an office building at 395 Shenandoah Lane. NICHOLS/LONERGAN.... accept the water main easement described as Attachment "A" in the agenda packet. The motion passed unanimously. Page 4 - Council Meeting Minutes, December 12,2005 5 COUNCIL MEETING MINUTES DECEMBER 12, 2005 TAPE READlNG 2552 OREGON LIQUOR LICENSE CHANGE OF OWNERSHIP APPLICATION: FONZIE'S DELI. 1585 N. PACIFIC HIGHWAY. A change of ownership application was submitted by Great Ideas's Inc. for a Limited on Premise Sales license which would allow for the sale and service of malt beverages and wine for consumption on the premise. BJELLANDILONERGAN.... recommend to OLCC the approval ofthe change of ownership application for Fonzi's Deli. The motion passed 5-1 with Councilor Nichols voting nay. 2615 AWARD OF CONTRACT FOR EMPLOYEE COMPENSATION STUDY. BJELLAND/MCCALLUM... 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. Councilor McCallum stated that the cost for this service is becoming much more expensive, however, he feels this work is needed to find out the answers for future labor negotiations. Administrator Brown stated that this is a two phase study with the first phase being the validation of internal alignment to make sure that they are accurately identified several years ago and the second phase being a market study of compensation. The cost for this project will be shared with AFSCME. He also stated that he would like to come back to the Council to amend this contract or establish a new contract that would extend the market survey to the middle management positions which have not been looked at for about 10 years. The motion to award the contract passed unanimously. 2800 PACIFIC LIFE PLAN CLOSURE. NICHOLSIBJELLAND... authorize the City Administrator to execute an agreement with lNG Life Insurance and Annuity Company to (1) provide for the transfer of asseyts in the City's Pacific Life Retirement Plan to lNG, and (2) to establish ING as the designated service provider for this retirement plan. Councilor Cox stated that this was a very complicated set of issues set out in the staff memo and feels that the staff recommendation is the logical direction to follow. The motion passed unanimously. 2916 CANCELLATION OF THE DECEMBER 26.2005 COUNCIL MEETING. MCCALLUM/BJELLAND... cancel the Council meeting of December 26,2005. The motion passed unanimously. Page 5 - Council Meeting Minutes, December 12,2005 6 COUNCIL MEETING MINUTES DECEMBER 12, 2005 TAPE READING 2957 APPOINTMENT OF CITY ADMINISTRATOR PRO-TEM. Mayor Figley stated that Administrator Brown is taking some time off work beginning December 22, 2005 and, as part of the City Charter requirements, an administrator pro- tern is to be appointed when the administrator is absent. NICHOLSILONERGAN... appoint Public Works Director Frank Tiwari as Administrator Pro Tern from December 22,2005 through January 2, 2006. The motion passed unanimously. 3022 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Community Development Director's approval of Zoning Adjustment 05-02 (120 Smith Drive): Approval, with conditions, was given to reduce the rear yard setback from 24 feet to 19.42 feet to allow for expansion of an existing garage. It was noted that the property owner is appealing the two conditions that are attached to the approval and the hearing will be held before the City Council on January 9,2005. 3120 MAYOR AND COUNCIL REPORTS. The Mayor and Councilors each wished members of the Council, staff and community for a safe and happy holiday season. 3300 ADJOURNMENT. MCCALLUM/NICHOLS... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:52 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 6 - Council Meeting Minutes, December 12, 2005 7 Minutes Woodburn Recreation and Parks Board Tuesday, December13,2005 7:00 p.m. 8B I DRAFT I 1. Call to Order Herb Mittmann, Board Chair called the meeting to order at 7 p.m. 2. Roll Call Members present: Herb Mittmann, Board Chair; Ann Meyer, Member; Bruce Thomas, Member, Joseph Nicoletti, Member; Eric Yaillen, Member Absent: Cristal Sandoval, Member; Rosetta Wangerin, Board Secretary Staff present: Randy Westrick, Paulette Zastoupil, A.A; Steven Newport, Facilities and Aquatics Manager 3. Approval of Minutes from November 8, 2005. Motion to accept the minutes as written was made by Bruce Thomas; Herb Mittmann seconded the motion. 4. Business from the Audience: None. 5. First Tee Presentation Eric Yaillen gave a presentation on the First Tee Proaram. First Tee would complement the PAL program we currently support within our Teen Scene centers and both programs teach kids core values, individual responsibility, integrity and confidence. Eric asked for the Board's support in implementing an Oregon Chapter. The Board discussed and asked questions to clarify the geographical area of the program, use of volunteer help, staff time, and help with grant writing. Consensus of the Board was to support the First Tee program. 6. Division Reports Aquatics - Steve Newport Steve reported that December was a very slow time for the pool, with the High School swim team and swim lessons finishing up. The pool would be closed Christmas Eve and Christmas Day and also New Year's Day. He shared that registration was starting for the Winter/Spring issue of the Recreation Reporter. Basketball registration has been extended until December 18th. Page 1 8 Minutes Woodburn Recreation and Parks Board Tuesday, December 13, 2005 7:00 p.m. Parks and Facilities - Randy Westrick Randy reported that Steven and the Woodburn Downtown Association executed a successful Christmas Tree Lighting this year. Randy shared that the flagpole at Legion Park was ready to put up. The City's maintenance crew will fix a small electrical problem so the American Flag, which the American Legion donated, can be lit 24 hours a day. He also reported that a grant from NPS has been requested for design services for Hermanson I, II, III trails project. 7. Organizational Workshop Conclusions The Board suggested several adjustments to the Community Center Location draft letter to the Council, which included location choices for the community center and the traffic flow concerns at Legion Park. The Board also asked to add several points to the Playground paragraph; a 5-year plan, playground theme, and wanted to include a yearly focus on playgrounds in the January-February meetings. 8. Future Board Business · Board Reorganization . Review Community Facilities Consultant RFP . Finial review of the 2006 task list 9. Board Comments Bruce Thomas asked if the changes, such as tearing down the existing fence, at Legion Park were in this year's budget. Randy explained that there wasn't money in the CIP for it, but most of the changes being done were just a labor issue that maintenance would help with. Meeting adjourned at 8:05 PM Paulette Zastoupil, Recording Secretary Rosetta Wangerin, Board Secretary Date Date Page 2 9 r 8e WOODBURN PLANNING COMMISSION MEETING MINUTES November 10, 2005 CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall Council Chambers with ChairDerson Lima presiding. Chairperson 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 project 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. Chairperson Lima announced: agenda is available at the back of the room. We will consider cases one at a time according to the order listed in the agenda. We will follow the hearing procedure outlined on the public hearings 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. ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Lima Bandelow GrosJacques Vancil Grigorieff Hutchison Jennings P P A A P P P Staff Present: Naomi Zwerdling - Interim Community Development Director Breah Pike-Salas - Associate Planner Marta Carrillo - Administrative Assistant MINUTES A. Woodburn Plannina Commission Meetina Minutes of October 13. 2005 Commissioner Jenninas moved to accept the minutes as written. Vice Chairoerson Bandelow seconded the motion, which unanimously carried. BUSINESS FROM THE AUDIENCE None. COMMUNICATIONS Woodburn City Council Meeting Minutes of September 12, 2005. Woodburn City Council Meeting Minutes of September 19, 2005. Woodburn City Council Meeting Minutes of October 10,2005. Planning Commission Meeting November 10, 2005 Page 1 of 8 10 PUBLIC HEARING A. Conditional Use 05-02 Prooertv line Adiustment 05-09 Request for Conditional Use and Lot Consolidation Approval to construct a fence surrounding an existing motor vehicle dealership located at 200 N. Pacific Hwy (Hwy 99E). Antonio Perfecto - Applicant. Before starting the hearing Chairperson Lima questioned the commissioners, if there were any ex-parte contacts or conflict of interest. B. STAFF REPORT Interim Community Development Director Zwerdlina read the applicable ORS statement. Associate Planner Pike-Salas presented the following on a Powerpoint Presentation. Slide #1: The subject site is located at 200 N. Pacific Highway (Highway 99E). The applicant is Antonio Perfecto and the property owner is Don Equal!. A motor vehicle dealership has been the use on the subject site since 1994. Expansion of the motor vehicle dealership by constructing a fence requires Conditional Use approval for the subject site. Slide #2: The subject property is zoned Commercial General (CG) and designated Commercial on the Woodburn Comprehensive Plan Map. The surrounding properties are zoned CG, designated Commercial on the Woodburn Comprehensive Plan Map and are the location of commercial businesses. Slide #3: To the north of the site is Solo Video Slide #4: To the south of the site is Long Bros. Bldg. Supply Slide #5: To the west, across N. Pacific Hwy is a vacant parcel Slide #6: To the east of the site is a storage lot for bldg. supplies Slide #7: The applicant is requesting Conditional Use and property line consolidation approval to construct a fence surrounding the existing motor vehicle dealership. The property is zoned General Commercial (CG). A motor vehicle dealership requires conditional use approval in the CG zone. Originally the applicant proposed a chain link fence. However, due to the high visibility of the subject site at the intersection of N. Pacific Highway and Silverton Road, staff is recommending a wrought iron fence with black metal finish be Planning Commission Meeting November 10, 2005 Page 2 of 8 11 constructed on the perimeter of the subject site because it is more visually appealing than a chain link fence. Slide #8: The applicant met all of the applicable approval criteria in the Woodburn Development Ordinance as discussed in the staff report. Staff is recommending approval of Conditional Use 05-02 and Property Line Adjustment 05-09. Associate Planner Pike-Salas concluded the presentation and was available for any questions. C. Chairperson lima asked if the commissioners had any questions for staff. D. Commissioner Jenninas asked if the fence currently existed on the site. Associate Planner Pike-Salas said that what is shown on the slide could still possibly be on the site. E. Commissioner Jenninas asked if it is policy to decide on a wrought iron fence to be used instead of a chain link fence and change the criteria. Interim Community Development Director Zwerdlina explained the Conditional Use Approval for an Auto Sales Dealership with additional criterion, needs to be met for that particular use. Given that it is a highly visible site, the wrought iron appeared to be much more appealing than a chain link fence, especially at a major intersection. Other car dealerships may have the chain link fence on their site because they were started prior to the adoption of the Woodburn Development Ordinance and prior to a car dealership becoming a Conditional Use Approved process. The visual aspect of the project and it is a Conditional Use Criterion in the code. It is a newer item, since car dealerships are under the Conditional Use Approval process and were not previously. It is staff's recommendation on the wrought iron fence. There are other properties with the wrought iron fencing that are along the same highway. It is within the purview of the planning commission and staff making the recommendation to be in compliance with the Conditional Use Approval criterion. There are other uses with the same wrought iron fencing that have the same appealing look. There are other surrounding areas that have car dealerships with the wrought iron fence use. The applicant was in agreement and amenable with using the wrought iron type of fence. E. Vice Chairoerson Bandelow asked about a non-conditional use site and wanting a fence, would the recommendation be for a wrought iron fence. Interim Community Development Director Zwerdlina stated if the use is a Conditional Use there is some direction on the design of the fence. If it is a typical design review for an outright permitted use, then the ability to design that way is not available. However an outright permitted use such as a retail store that wants to make the outside look visually Planning Commission Meeting November 10, 2005 Page 3 of 8 12 appealing would tend not to have a problem. In the industrial zone areas you will typically see the chain link fence. In those cases it is allowed. G. Commissioner Jenninas commented on the fairness of one use versus a Conditional Use. H. Vice Chairoerson Bandelow asked as an example of a type of company, L&L Building Supply, would be an outright permitted use versus a new building supply store wanting to locate their business on Hwy 99E. Interim Community Develocment Director Zwerdlina explained that a building supply store is not a Conditional Use and therefore there is no ability to recommend the wrought iron fencing. However, most industrial type of uses, they would want to protect their site and would not have the same type of visibility. 1.. Vice Chairoerson Bandelow commented that it would certainly look better and would be an asset to the business itself. Although a more appealing look to Hwy 99E would be something better, one must take precaution when it comes to a non-conditional use. We cannot put restrictions on sites that are not a conditional use. Asked about a building supply company is an acceptable use on 99E in commercial general. Where there is retail and have a huge storage yard, would it be considered the same as any other retail establishment or does it fall into a different category? Interim Community Develocment Director Zwerdlina explained that the key issue is that if it is going to be a retail sales store, then it's going to be an outright permitted use in the commercial general, otherwise you are looking at an industrial zone such as a building supply store. One can look at the Industrial Zone classification. There is a difference between establishments that have only a retail sales office versus an outdoor storage type of use. J. Commissioner Jenninas asked about the retail type of use such as AI's Garden Center. Questioned whether it is an outright usage and the recommendation of a wrought iron fence and installation of a chain link fence. Interim Community Develocment Director Zwerdlina commented that retail sales stores with outdoor storage on the site have more of an ability to have a block wall replacement especially near residential. In practice a retail business wants to be attractive and accessible to the public. K. Chaircerson Lima stated that the applicant has agreed to the Conditional Use. L. Chairoerson Lima asked the commission if there are any further questions to the staff. TESTIMONY BY APPLICANT A. Chairoerson Lima invited the applicant to speak. On behalf of Mr. Antonio Perfecto, Mr. Santiaao Reves of 200 N. Pacific Hwy, manager of the establishment, represented the applicant. He stated that basically what is being constructed is a wrought iron fence mainly for insurance purposes. Currently only liability insurance exists, so if a theft were to occur, then there would be a loss because of the Planning Commission Meeting November 10, 2005 Page 4 of 8 13 lack of comprehensive insurance. The fence will also make the business more appealing to the community. B. Chairperson Lima asked Mr. Reyes if the fence is enough for insurance purposes. Reves answered that it is sufficient. Currently the security is a "club" lock on each vehicle. He stated that the owner resides in the vicinity of the dealership and frequently visits the site in the evening. There is also an establishment next to the site and extra security is needed. This will allow for that additional security. C. Chairperson Lima asked Mr. Reyes about agreeing with all conditions. Reves stated that the applicant agrees with all the conditions. D. Vice Chairperson Bandelow asked Mr. Reyes if the main purpose of the fence was to prevent anyone from entering the premises or hitting the curbside with their vehicle and cause damage to the vehicles on the site. Reves stated in the affirmative and included that on a previous occasion the security camera videotaped an incident where several individuals were using the site as a pathway and an individual left property on the premises. E. Commissioner Hutchison asked Mr. Reyes if there was a large monetary expense to the applicant between a chain link fence and a wrought iron type fence. Reves stated that there was a minimal price difference and the wrought iron fence adds to the appearance of the site and visibility of the vehicles for potential customers. F. Chairperson Lima closed the discussion and testimony from the applicant. DISCUSSION BY APPLICANT AND STAFF A. Chairoerson Lima asked the commissioners if there are any questions in the Items for Discussion. B. Commissioner Jenninas asked if the business sign is being relocated and a need for a permit to be submitted. Associate Planner Pike-Salas informed that the new Sign Ordinance states that all non- conforming signs need to be brought into compliance with the new Sign Ordinance. In this case it is part of the process and a new sign permit is required. At this time the business does not have a sign permit on record for the pole sign at its current location and the sign is taller than the regulated height. C. Vice Chairoerson Bandelow explained that the Planning Commission had reviewed the Sign Ordinance and concerns about provisions and bringing businesses into compliance. The clause stated that the compromise was that a business did not need to come into compliance unless the sign changed. Also the purpose was to get everyone into compliance on a gradual level as oppose to all at once set by a deadline. Planning Commission Meeting November 10, 2005 Page 5 of 8 14 D. Commissioner Jenninos questioned the Sign Ordinance on permits for changes and improvements. He asked if the requirement was that if the business changed ownership or relocation of sign required a new sign permit. Associate Planner Pike-Salas explained that when there is a Conditional Use done on the property, Type \II Design Review or Type 1\ Design Review, it does trigger all signs to come into compliance with the Sign Ordinance. Interim Community Development Director Zwerdlino stated that the Design Review for an outright permitted use would also trigger this requirement. E. Vice Chairperson Bandelow commented there are several ways a use can be trigged on a piece of property. Associate Planner Pike-Salas stated that the applicant did have a couple of options in regard to the sign being used. The applicant can put up a new pole sign, or a monument sign, which is less in process and fees. He does have to submit a new sign permit, but does have two options for usage. F. Chairperson Lima asked the commissioners if there are any further questions or comments. G. Commissioner Jenninos moved to approve the Conditional Use 05-02, Property Line Adjustment 05-09. Vice Chairperson Bandelow seconded the motion. Roll Call for Approval Chairperson Lima Yes Vice Chairperson Bandelow Yes Commissioner Grigorieff Yes Commissioner Hutchison Yes Commissioner Jennings Yes The motion carried. H. A final comment from the applicant, Antonio Perfecto, was made. Stated that he had been living in the area for 20 years and nearly took 2 years to start the business. It was difficult to find an appropriate site and upon finding this site the plan was to open in April. He was pleased to have worked with the ladies from the Planning Department to do the right thing for the business. Thanked the commissioners for their time and approval. ITEMS FOR ACTION A. Interim Community Development Director stated that a Final Order of Approval was available for signature from Chairperson Lima. B. Vice Chairperson Bandelow motioned to approve the Final Order of Approval for Conditional Use 05-02, Property Line Adjustment 05-09. Commissioner Grioorieff seconded the motion. Motion carried. Planning Commission Meeting November 10, 2005 Page 6 of 8 IS DISCUSSION ITEMS A. Chairperson Lima asked for other actions to be approved or further discussion items. NONE. REPORTS A. Commissioner Jenninas questioned the 120-day rule of December 17, 2005 for the William Coleman 4-lot subdivision in that it has not been submitted to the Planning Commission. Interim Communitv Development Director Zwerdlina explained that the extension for that subdivision was extended to January 15, 2006. The extensions are written by the property owner and applicant and granted to staff. B. Commissioner Jenninas asked about the status on two items on the tracking sheet; one being the property line adjustment at 450 A Court and the other being zoning adjustment at 120 Workman Dr. Interim Communitv Development Director Zwerdlina stated that the property line adjustment at 450 A Court has been approved as a Type I application with no appeal and no hearing process. Associate Planner Pike-Salas stated that there is a 30-day extension granted on the 120 Workman Dr. application. Interim Communitv Development Director Zwerdlina explained that some of the information is published with future dates, but with the process of appeal or a public hearing, there may be a time lapse in between along with having contact with the applicant. BUSINESS FROM THE COMMISSION A. Chairperson Lima asked about the next meeting. Interim Communitv Development Director Zwerdlina informed him that the next meeting is on December 8,2005 at 7:00 pm. B. Commissioner Bandelow and Commissioner Jenninas will be absent from this meeting. C. Chairperson Lima asked the rest of the commissioners about their attendance for the December 8,2005 meeting. Commissioner Hutchison, Commissioner GriQorieff and Chairperson Lima all will be attending the meeting. D. Commissioner Hutchison commented about the Planning Commission contact information sheet. He requested that email addresses be added to the information. Planning Commission Meeting November 10, 2005 Page 7 of 8 16 E. Vice Chairperson Bandelow requested that her pager number be removed, since it no longer exists. F. Chairperson Lima suggested that all information or corrections be made to one sheet and returned to staff for updating. G. Commissioner Bandelow asked about the follow-up on the Silverton Hospital and the landscaping issue. Interim Community Development Director Zwerdlina informed the commission that there was follow-up with Code Enforcement. The business has a deadline of November 28th to fix the landscaping and the process is to give the business one additional 30-day notice before they are fined. The situation is that the business will be pulling their building permits in December and will be changing a lot of their landscaping. H. Commissioner Hutchison commented about the Wendy's Restaurant building that was torn down and now is a parking lot, which looks much better. L. Chairperson Lima asked the staff about any ideas of what may happen in that area in the future. Interim Community Develooment Director Zwerdlina. stated that currently no applications have been submitted but it could become a park-n-ride site. J. Chairoerson Lima commented about the current Mid-Willamette Valley Transportation Service and current route could be a possibility, if it became a Park-N-Ride. K. Chairoerson Lima announced the invitation from ODOT Public Open House in regard to the Oregon Aurora to Salem 99E highway improvements. The Open House is scheduled for Monday, November 14. 2005 between 5:00-8:00 pm at the Hoodview Church of God at 1530 Mt. Hood in Woodburn. ADJOURNMENT Commissioner Bandelow moved to adjourn the planning commission meeting; Commissioner Jenninas seconded the motion. Meeting adjourned at 7:43 pm. APPROVED I~~ CLAUDIO LIMA. C IRPERSON I 'L/Otf/oS- Date ATTEST Naomi Zwerdling Interim Community Development irector City of Woodburn, Oregon oS Planning Commission Meeting November 10, 2005 Page 8 of 8 17 8D MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE December 14, 2005 ROLL CALL: Mary Chadwick - Present Yesenia Chavez - Present Neal Hawes - Absent Catherine Holland - Present Kay Kuka - Present Ardis Knauf - Present Patricia Will - Present STAFF PRESENT: Linda Sprauer, Library Director Vicki Musser. Recording Secretary Gu ESTS: None. CALL TO ORDER: President Catherine Holland called the meeting to order at 7 pm. SECRETARY'S REPORT: The minutes of November 9,2005 were approved. CORRESPON DENCE: None. PUBLIC COMMENT: None. DIRECTOR'S REPORT: Monthlv Statistics: Overall. the statistics remain approximately the same. Due to glitches in the Millennium system, no accurate figure could be obtained for Current Circulation, or the number of materials borrowed from CCRLS in December. The number of New Adds may be underreported. The number of patrons coming to the library remains stable. Activities: There were 31 children's programs in November, with 508 total in attendance. Regular Library activities are ongoing. They include Infant-Toddler Time on Tuesday mornings at 10:30 am, and Spanish Story time, which has moved to 4:30 pm on Tuesday afternoons. Library Story time will continue to be held at 10:30 am on Wednesdays and Third Thursday Teens meets as usual in the Multi-Purpose Room on the third Thursday of each month. On Saturday, December 17, Mrs. Claus and her pet bunny will be the featured guests at Saturday at the Library. Mrs. Claus' magic show is popular with both 1/4/2006 PAGE 1 18 children and their parents. Library Closed: The Library will be open from 8-12 noon on Friday, December 23, and then close Saturday, Sunday and Monday, Dec. 24-26. It will reopen again on Tuesday, Dec. 27. Tuesday is expected to be busy day, due to prolonged holiday closure. A staff member will be emptying the book drop regularly. It has been discovered that some patrons have books due during days that the Library is closed. This was an oversight, and they will not be charged. Staff: John Brown, Woodburn City Administrator, has decided to advertise for a new Library Director in February or March, rather than post an advertisement for an Assistant Library Director now. The new Director can train with Linda Sprauer, the Library's present Library Director, and then participate in choosing the new Assistant Director. Linda will be retiring on June 30, 2006. She will be temporarily increasing two part-time positions to full-time to assist in scheduling. Volunteers of the Month: Beulah Jordan is the volunteer of the Month for December. She has been a volunteer for about 5 years. At present, she processes magazines in Technical Processing. Beulah has a great sense of humour and is very involved in community activities, as well as with her family. Her warmth, energy and dedication are all factors in her being named Volunteer of the Month. CCRLS Update: Linda provided the Board with a copy of the December 2nd issue of the KeizerTimes. There was an article on CCRLS containing several inaccuracies that the Library Board needed to be aware of, in case they were asked questions in the future. It was pointed out that CCRLS does not govern the different libraries in the Library System, but rather, provides services. Each library functions independently. friends of the Librarv: Neal Hawes was absent. Linda gave a report on the latest friends of the Library meeting, which took place on Monday, December 5th. The 1/4/2006 PAGE 2 19 Treasurer reported that the last Book Sale netted about $700. The Friends decided that Friday and Saturday, April 28 and April 29, would be the dates of the next Book Sale. Friends of the Library USA had book calendars for sale, which Linda hoped could be purchased by the Woodburn Friends and resold as a fund-raiser. However, the calendars are sold out, so the idea was shelved until next year. Another idea for fund-raising is to sell heavy plastic book bags to interested patrons, and it was decided to look into the costs. OLD BUSINESS: One Library Board position is still open, and has been filled by Ardis Knauf for the past year. 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 terms expire. There was some Board discussion about the dearth of applicants for the expiring positions. Pat Will, Library Board member, made a motion that the Board be comprised of five members, rather than seven. The Board voted unanimously to pass the motion. Linda said that she would take the Board's request before the City Council. In the meantime, 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: None. BUSINESS TO/FROM THE None. CITY COUNCIL AND/OR MAYOR: ADJOURNMENT: The meeting was adjourned at 7:22 pm. Respectfully submitted, Vicki Musser 1/4/2006 PAGE 3 20 (") '0 Q) Cl III Q. .. III 8.'2 ~W ~~ ~ Bt '" g8 0 ~ o~ '" ~ 0" ~ ! !8 rn ~I '" ~ ~ 0 '" ji ~ zll. ~ ~ '" ~~B ~ ~ :! ~ '" ~~ ~ ~ !!8 01 '" C 0 o .C OJ ll.! s: !8 I Ul ~ -~ '" ~~ ~ ll. 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II ~~mmOrlNM~~~~mOMM~~~~~OrlNM~~~~ OOOOrlrlrlrlrlrlMMMNNNNNNNNMMMMMMMM ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ rlrlMMMrlMrlMMMMMMMMMMMMMMMMMMMMM~ oommmmmoo~mmmmmmmmmmmmmmmmmmmmm~ ~ o o al .... N '" .... .... al N N al .... N '" .... .... al N N alOO alO rl 0 0 rl 0 N N '" \D .... .... .... .... al <Xl N N N N OOCJJCIl CJJUJ :.::.::.: :.::.: uuu uu ....M M.. 555 tI:tI: uu " " <Xl <Xl .... .... '" e '0 .. -..:I &1~ ..:10 HU UMO Zl>:M o 0 UE-<H MOO l>:z> ,~ E-< e &1~ E-<:J ;3E-< "'0 :Jz 28 ~ W90DBURN lu'orl'Cfdltfl '839 8H ~~ . . January 4, 2006 TO: Honorable Mayor and City Council FROM: N. Robert Shields, City Attorney SUBJECT: Hiring Process for Assistant City Attorney RECOMMENDATION: Receive the report. BACKGROUND: Due to an increasing workload, my office was authorized to hire a full-time assistant city attorney during the 2005-2006 fiscal year. The new position is an upgrade of the part-time assistant city attorney position that was authorized by the City Council four years ago. Funding for the new position began in October 2005. DISCUSSION: Late last year, I began recruitment for the full-time position. Advertisements were placed in the Oregon State Bar Bulletin. the League of Oregon Cities newsletter, and the Oregonian. A number of applications were received, but many of them were from new law school graduates. After the applications were screened, six candidates were interviewed by a panel consisting of the City Administrator, the Police Chief, the Newberg City Attorney, and myself. The panel unanimously agreed on a first choice for the position and I began hiring negotiations with this individual. Unfortunately, after several meetings and telephone calls, I was not able to hire this person. At this point, I had to decide whether to hire another one of the existing candidates or to start a new recruitment. After carefully weighing the options, I decided to initiate a second recruitment. While I do not particularly want to go through the hiring process again, I understand and appreciate the commitment made by the City Council to create this position. My goal is, and has always Agenda Item Review: City Administrat~ City Attorney M j 29 Financ~ Honorable Mayor and City Council January 4, 2006 Page 2 . . been, to provide the best legal services possible for the City. It would be a mistake to "settle" for an assistant who is not, in my opinion, the best available. You should be aware that a new recruitment is now ongoing. Advertisements are scheduled for January and early February. I am also making efforts to secure the same interview panel to assist me in making the selection. The closing date is February 17, 2006. I know that my involvement in the new hiring process and the fact that my part- time assistant city attorney position has now been vacant since November 3, 2005 will temporarily make my office less effective in providing legal assistance to you, the City Administrator, and department heads. However, my hope is that this relatively short inconvenience will be outweighed by the selection of the right individual for the full-time position. FINANCIAL IMP ACT: Funds for a full-time assistant city attorney are contained in the 2005-2006 fiscal year budget. 30 /-'\ " t.~.'/~.."'i~:f~'~."~..' ... ',,'IL ,,:~:-,,~,.ll,. ._......... , . .\' WQ@B'URN I II ( " r r ~ r ., I (d'S .''1 9 A lOA ~,~ . . January 9, 2006 TO: Honorable Mayor and City Council through City Administrator FROM: Naomi Zwerdling, Interim Community Development Director ,J'~ SUBJECT: Appeal of Zoning Adjustment Case File No. 05-02 located at 120 Smith Drive. RECOMMENDATION: In regard to this proposal, the City Council has the following options: (1) Concur with the Community Development Director's decision of approval of Zoning Adjustment Case File No. 05-02. (2) Modify the Community Development Director's decision. It is recommended that the City Council instruct staff to prepare an ordinance to substantiate its decision. BACKGROUND: On November 28, 2005 the Community Development Director approved the applicant's request for a zoning adjustment (Type II Decision) to reduce the rear year setback from 24 feet to 19.42 feet to allow for the expansion of an existing garage towards the rear of the subject property located at 120 Smith Drive (Zoning Adjustment Case File No. 05-02). The Community Development Director's decision is appealable to the City Council per Section 4.1 01.06.B of the Woodburn Development Ordinance (WOO). The City Council conducts a de novo public hearing. The City Council decision is the City's final decision. The applicant submitted an appeal on December 8, 2005 of the Community Development Director's Approval of Zoning Adjustment 05-02. The applicant is appealing the Community Development Department's condition of approval # 1 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 prope ty line creating a safety hazar The ) Agenda Item Review: City Administrato _ City A Horney 31 r Honorable Mayor and City Council January 9, 2006 Page 2 . . driveway approach shall either be removed or completed/repaired, complying with city standards, prior to building permits being issued." This de novo public hearing is to consider that appeal which allows new evidence and testimony to be presented by any party. DISCUSSION: Section 2.1 02.06.C.1 .a.1 of the WDO requires a 20 foot minimum setback abutting a street or front property line. A setback is defined in Section 1.102 of the WDO as the distance measured from the foundation or the exterior wall of a building or structure and the abutting property line. The applicant's submitted site plan date stamped August 16, 2005 showed a 14.75 foot setback from the proposed building expansion and the property line abutting Workman Drive which does not comply with the 20 foot minimum setback from the property line and the proposed structure. Thus, condition of approval # 1 of Zoning Adjustment 05-02 requires that the proposed garage expansion shall comply with the minimum 20 foot setback from the property line adjacent to Workman Drive per Section 2.102.06.C.1.a.1. Variance approval (Type III Decision) is required to vary the minimum setback from the property line abutting a street (Workman Drive) and the proposed structure from 20 feet to 14.75 feet. A variance application and fee would be required to initiate the variance process. Section 4.1 01.06.C of the WDO requires a public hearing process at the Planning Commission for a Type III Decision. Council Ordinance No. 1917 requires the owner of land adjoining a city street to maintain in good repair the driveway approach. The driveway on the subject site adjacent to Workman Drive (120 Smith Drive) is missing a section 24 inches wide, 6 inches in depth and 21 feet in length (the full width of the driveway). Thus, condition of approval #6 requires that the existing driveway approach to the site from Workman Drive shall either be removed or completed/repaired, complying with city standards, prior to building permits being issued. The Community Development Director's Findings and Decision for the approval of Zoning Adjustment 05-02, the site design plan submitted by the applicant and photos showing the missing section of the driveway adjacent to Workman Drive for the 120 Smith Drive site are attached. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. 32 Honorable Mayor and City Council January 9, 2006 Page 3 . . Attachments: Exhibit A: Community Development Director's Findings and Decision for the approval of ZA 05-02, dated 11/28/05 Notice of Intent to Appeal, date stamped 12/08/05 Site Design Plan dated stamped August 16, 2005 Photos showing the missing section of the driveway adjacent to Workman Drive for the 120 Smith Drive site Ordinance No. 1917 Exhibit B: Exhibit C: Exhibit D: Exhibit E: 33 Exhibit" A" WOODBURN o R I: C; 0 N Incorporated 1889 NOTICE OF DECISION WOODBURN COMMUNITY DEVELOPMENT DIRECTOR ACTION TAKEN: Approval of Zoning Adjustment Case File No. 05-02 APPLICANT: Brian Henry 1775 32nd Place NE, Ste. A Salem, Oregon 97303-1674 PROPERTY OWNER: David Emmenegger 120 Smith Drive Woodburn, Oregon 97071 DATE OF DECISION: November 28, 2005 LOCATION OF SUBJECT PROPERTY: 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. SUMMARY OF DECISION: The Woodburn 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. APPEAL RIGHTS: The decision of the Woodburn Community Development Director is final unless appealed to the Woodburn City Council. A notice of intent to appeal must be received in writing, with the appropriate appeal fee, by the Community Development Director within 12 days from the date this notice was mailed. Appeals must comply with the requirements of Woodburn Development Ordinance Section 4.102.01. A copy of the decision is available for inspection at no cost and a copy will be provided at a reasonable cost at Woodburn City Hall, Community Development Department, 270 Montgomery Street, Woodburn, OR 97071. If you have any questions or need additional information regarding appeals, please contact Breah Pike-Salas at (503) 980-2428. Dated and mailed this 29th day of November, 2005 Breah Pike-Salas, Associate Planner ,~ Community Development Department 270 iV/clltgomuy Strut. Woodburn, Oregon 9707" Ph. "03-982-5~ Fax 503-982-5244 CITY OF WOODBURN, OREGON COMMUNITY DEVELOPMENT DIRECTOR'S FINDINGS AND DECISION November 28, 2005 ZONING ADJUSTMENT 05-02 I. APPLICANT INFORMATION Applicant: Brian Henry 1775 32nd Place NE, Ste. A Salem, Oregon 97303-1674 Property Owner: David E. Emmenegger 120 Smith Drive Woodburn, OR 97071 Application Deemed Complete: 120-Day Rule Deadline: August 31, 2005 December 22, 2005 II. NATURE OF APPLICATION: The applicant is requesting a zoning adjustment 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. III. RELEVANT FACTS: The property is located at 120 Smith Drive and is further identified on Marion County Assessor maps as Township 5 South, Range 1 West, Section 1888, 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), designated for Residential Less Than 12 Units Per Acre on the Woodburn Comprehensive Plan Map, and is the location of a single family dwelling. 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 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 applicant is requesting a zoning adjustment to reduce the rear yard setback from 24 feet to 19.42 feet to allow for the expansion of the existing garage on the subject site to accommodate a hobby shop, secured vehicle parking area, and storage area. IV. RELEVANT APPROVAL CRITERIA: A. WOODBURN DEVELOPMENT ORDINANCE 1. Section 2.102.06.C.2.9.2 Single Family Residential (RS) 2. Section 5.102.03 Zoning Adjustment V. FINDINGS: A. WOODBURN DEVELOPMENT ORDINANCE Section 2.102 Single Family Residential (RS) Section 2.102.01 Permitted Uses 35 The following uses, when developed under the applicable development standards of the WOO, are permitted in the RS zone. A. Site-built single family dwelling. FINDING: The subject site has an existing single family dwelling. This criterion is met. Section 2.102.05 Accessory Uses The following uses are permitted as accessory uses subject to Section 2.201. A. Garage FINDING: The applicant is proposing to expand the existing garage on the subject site resulting in a rear yard setback of 19.42 feet which does not meet the 24 foot required rear yard setback. The proposed zoning adjustment is discussed later in this report. Section 2.102.06 Dimensional Standards The following dimensional standards shall be the minimum requirements for all development in the RS zone. C. Setback and Buffer Improvement Standards 1. Front Yard Setback and Setback Abutting a Street a. Dimensions 1) The minimum setback abutting a street, or front property line shall be 20 feet plus any Special Setback. 2. Interior Side Yard and Interior Rear Yard Setbacks a. Dimensions: 1) Side Yard Setback. 2) Rear Yard Setback. a) The average rear yard setback ( as defined in Section 1.102) for all lots, EXCEPT a flag lot shall be: ZA 05-02,120 Smith Drive 2 36 (i) 24 feet wide for structure up to 16 feet in height; with no point measuring less than 5 feet from the average dimension. The subject site is developed with an existing single-family dwelling having an attached garage. The side yard abutting Workman Drive is 14.75 feet. A condition of approval will require the proposed garage addition to meet the twenty-foot setback abutting the property line adjacent to a street from Workman Drive. The rear yard setback for the existing dwelling and attached garage is an average of thirty-two feet. The applicant is proposing to expand the existing attached garage into the rear setback of the property reducing the setback to 19.42 feet which does not meet the required 24 feet as stated above. The applicant has submitted a zoning adjustment to reduce the rear yard setback from 24 feet to 19.42 feet as discussed in Section 5.102.03 later in this report. Section 2.102.07 Development Standards G. Lot Coverage. Lot coverage by the primary and accessory structures EXCEPT accessory structures in the rear yard area, shall be: 1. A maximum of 40 percent for lots containing a primary building with an average height of 14 feet or less... The area of the subject property is 10,019 square feet with an existing home and attached garage measuring 2,073 square feet in area. The applicant is proposing to expand the existing garage by 517 square feet increasing the entire building coverage to 2,590 square feet resulting in a total lot coverage of 25.8 percent [2,590/10,019 = .258 = 25.8%] which meets the 40 percent lot coverage requirement. Section 2.201.02 E. Attachment to a Primary Building. Covered or enclosed accessory structures which are attached to a primary building shall be considered as a portion of the primary building and subject to the same zoning requirements as the primary building. FINDING: The proposed accessory structure is an expansion of the existing attached garage into the rear yard. and is required to comply with the setback and lot coverage requirements in the RS zone (Section 2.102) discussed earlier in this report. ZA 05-02, 120 Smith Drive 3 37 Section 5.102.03 Zoning Adjustment C. Criteria. A determination of whether the criteria set forth are satisfied necessarily involves the balancing of competing and conflicting Interests. 1. The adjustment is necessary to prevent unnecessary hardship relating to the land or structure. Factors to consider in determining whether hardship exists, include: a. Physical circumstances over which the applicant has no control related to the piece of property involved that distinguish it from other land in the zone, including but not limited to lot size, shape, topography. FINDING: Physical circumstances, which the applicant has no control over, on the subject site which encumber the expansion of the garage into the rear yard setback include the lot shape and existing building orientation. The subject site is a polygon shaped comer lot with two street frontages. The existing home was constructed in the middle of the subject site and angles away from the front property line. The existing garage is located between 35 feet and 36.41 feet from the front property line adjacent to Smith Drive. The large garage setback from the front property line reduces the area available on the rear of the subject site to accommodate an expansion of the existing garage. The subject site has its front property line facing Smith Drive and side yard adjacent to Workman Drive. Per the Woodburn Development Ordinance, Section 2.102.06.C.1.a.1 the minimum setback abutting a street, or front property line shall be 20 feet plus any Special Setback. Both Workman Drive, and Smith Drive do not have a special setback requirement. However. a 20-foot setback from the front property line and side property line adjacent to the street are required for the primary structure reducing the buildable area in the rear of the property. The house orientation is sideways with the front property line facing Smith Drive Because of this sideways orientation the rear yard of the property is limited in size and thus requires a zoning adjustment for the expansion of its attached garage. This approval criterion is met. b. Whether reasonable use similar to other properties in the same zone can be made of the property without the adjustment. FINDING: Reasonable use similar to other properties in the same zone cannot be accomplished on the subject site without the proposed zoning adjustment. The shape of the subject site and the existing building orientation prevent the applicant from expanding the existing garage onto the rear yard. ZA 05-02, 120 Smith Drive 4 38 c. Whether the hardship was created by the person requesting the adjustment. FINDING: The existing house and garage were built before the applicant bought the property. Thus, the hardship was not created by the applicant. This approval criterion is met. 2. Development consistent with the request will not be materially injurious to adjacent properties or to the use of the subject property. Factors to be considered in determining whether development consistent with the adjustment is Uinjurious" include but are limited to: a. Physical impacts such development will have because of the adjustment, such as visual, noise, traffic and drainage, erosion and landslide hazards. FINDING: The proposed zoning adjustment will not create a negative visual impact, or have negative erosional impacts. The applicant is proposing to vary the rear yard setback from twenty-four feet to 19.42 feet for the primary structure to allow for an attached garage expansion. The applicant is proposing to utilize building materials. paint and architectural features for the garage expansion that will match the existing color, and architectural features as the existing home and garage. Storm runoff will be addressed by a new drainage way along the rear of the new expansion that will drain to the street. The subject site is flat and is not expecting to have erosion or landslide hazards resulting from this proposed zoning adjustment. The applicant submitted letters of support for this zoning adjustment application from all the surrounding neighbors. This approval criterion is met. b. If the adjustment concerns joint use parking, the hours of operation of the uses sharing vehicle parking shall not create a competing parking demand. FINDING: This zoning adjustment does not involve joint use parking. Therefore, this criterion does not apply. c. Incremental impacts occurring as a result of the proposed adjustment. FINDING: A slight increase in the size of the garage will have minor visual impacts on the surrounding neighbors. The applicant is proposing to utilize the same building materials, paint. and architectural features on the one-story garage expansion to make it compatible with the existing building on the subject site and minimize any negative visual impacts on surrounding properties. Adjacent neighbors have reviewed this proposal and have submitted letters of support for the application. A minor impact from the storm water runoff will also occur due to the increase in lot coverage. The applicant states a new drainage way along the ZA 05-02, 120 Smith Drive 5 39 rear of the new expansion will direct runoff toward the street and away from the neighboring property. 3. The adjustment is the minimum deviation from the standard necessary to make reasonable use of the property; FINDING: The applicant is proposing to expand the existing garage on the subject site to allow for the garage on the subject site to be utilized fro a hobby shop, secure vehicle parking area, and storage area. WOO Section 2.102.06 states the average rear yard setback must be twenty-four feet from the property line for structures up to 16 feet in height. The applicant is proposing to vary the rear yard setback from twenty-four feet to 19.42 feet. This garage expansion will create further useable area within the 20% maximum adjustment in the rear yard setback allowed in Section 5.102.03.0.5. Therefore, this adjustment is the minimum deviation necessary for the reasonable use of the subject site. This approval criterion is met. 4. The adjustment does not conflict with the Woodburn Comprehensive Plan. FINDING: The Woodburn Development Ordinance implements the goals and policies in the Woodburn Comprehensive Plan. Per the applicant this adjustment complies with Residential Land Development Policy No. A-2 Living Environment in that this policy is designed to promote the long-term livability and quality of the built environment of the neighborhood. The proposed garage expansion will be built in a manner that will not depreciate the character of the neighborhood and will blend with the primary structure in materials, color and architectural details while addressing security, storage and privacy concerns of the applicant. This approval criterion is met. D. Maximum Adjustment permitted. 5. Rear Yard Setback: Up to a 20 percent reduction in setback, but no less than 5 foot setback, EXCEPT in those zones permitting zero setback the minimum setback shall be either 5 feet or zero. FINDING: The applicant is proposing to expand the existing garage on the subject site. WOO Section 2.102.06 states the average rear yard setback must be twenty-four feet from the property line for structures up to 16 feet in height. The applicant is proposing to vary the rear yard setback from twenty-four feet to 19.42 feet for the primary structure to allow for the attached garage expansion. This reduction equals 19.8 percent (((24' - 19.24' = 4.38') I 24') = .198333 = 19.8%). This criterion is met. VI. CONCLUSION AND DECISION: Based on the findings in this report. the applicable review criteria, and the information provided in the application. findings can be made for approval of Zoning Adjustment Case File No. 05-02. The Woodburn Community Development Director grants approval 6 ZA 05-02. 120 Smith Drive 40 of Zoning Adjustment Case File No. 05-02, subject to the following conditions of approval: CONDITIONS OF APPROVAL: COMMUNITY DEVELOPMENT DEPARTMENT 1. The proposed garage expansion shall comply with the minimum 20-foot setback from the property line adjacent to Workman Drive per Section 2.102.06.C.1.a.1. 2. Zoning Adjustment approval allows the maximum 24-foot rear yard setback for a structure up to 16 feet in height to be reduced to 19.8 percent to allow for an expansion of the existing garage into the rear yard of the subject site. 3. The applicant shall submit a building permit to the Building Department for review and approval prior to expansion of the existing garage. 4. The property ownerlapplicant shall submit to the Community Development Department a signed "Acceptance of Conditions" agreeing to all conditions of approval prior to issuance of the building permit. 5. Any conditions attached to the approval of the zoning adjustment shall be conditions on the issuance of a building permit. A violation of the conditions shall be considered a violation of the Woodburn Development Ordinance. PUBLIC WORKS DEPARTMENT 6. 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 completedlrepaired, complying with city standards, prior to building permits being issued. VII. ATTACHMENTS: Exhibit" A" Attachment" A" Attachment "B" Attachment "C" Attachment "0" Attachment "E" Zoning Adjustment Application Packet Zoning Map Comprehensive Plan Map Site Photos Site Design Plan Tax Assessor's Map APproved:--fL,,-~ Naomi Zwerdling Interim Community Developme Director Date:~ZY/o5 ZA 05-02,120 Smith Drive 7 41 ,', CITY OF WOODBURN File No: Z,A 0 - - aJ,. Related Files: Date Received: Fees Received: .""... :: t<:~~:~~'~~,' '~,. . -::. W~QUi.UjN 1~;~'tJI.'IJ liS~ Community Development Department 270 Montgomerv Street. Woodburn, Oregon 97071 Phone: 5<l3-982-5246. Fax: 503-982-5244 · Website Address: www.ci.woodburn.or.us 1:1: REel 0 * UNIFORM APPLICATION (APLleACtON UN/FORME) AUG 1 6 ,oo~ WOODBURN COMMUNITY enera norma Ion (~C4ItWM) ---. 'n~iif Project location (/JbICac#r d<< PIv)<<tllIt 120 Smith Drive Property owner (Nomln ~ PrepMIItItJ) DaYld I!. I!mm.n.gv- Apt:tllcant (SCliatiJII'~) Chrtstlne M. Schwllmberaer Mailing Address (tJtrwcatjn PrnUI) 120 SMith DrIv. Mailing Address (l>><<'cfdtI fIoJtM) 1775 32nd Place NL ate. A Woodburn. OR 97071 Salem. OR 97303-1874 Telephone. Fax No. (rMlQ#I(J) 971-222-5858 Telephone. fax No. (TIIiIDnD) 503-585-0105 E-mail Address (Crr<<cdn ~} E-mail Address (DItW;t:Min CJ1Nt'tH/tbJ Comprehensive Plan Map Designation R_ld.ntI.. Site Acreage 0.23 acr. Zone Map Designation Sinai. 'amllY R..lclentl.. (RS\ Assessor's Map'" Tax lot No. 5-1..18...2200 DesCrlptlon of the propoul {ow:ntKtCn t*I pmv<<tdf Reduce the nI., yard setback to allow needeel aaraae .xDanslon. . G 'I f t. eQues eVlew (SClCtfud,bWs4r) 1 0 ACCESS PERMIT TO em STREET 13 0 FQRMAlINTERPRETA.1'10N OF THE WOO 2S 0 Rf'IOCAnON OF PREVIOUSLY AI'f'ttOVI!O PeRMIT 20 ANNEXATION 14 0 MOP PREUMINARY APPROVAL 260 SWOD PERMIT 3 0 APPEAL TO CITY COUNGL 15 0 MOP FINAL PLAN APPROVAL 27 0 SPEGAL USE AS A CU 40 COMPo PLAN MAP CHANGE 16 0 MODIFICATION OF CONDITIONS 28 0 SUB. PREUMINARY APPROVAL 5 0 CONDITIONAL USE 170 PARTITION PRELIMINARY APPROVAL 29 0 SUB. fINAL PLAT APPROVAL 6 0 CESICM ltf'<rllW lIS . OuP\fX RlS10WfIAL .JWt\.UItGS 18 0 PARTITION FINAL PLAT APPROVAL 30 0 ~UCOf1HlJIllCATlOM FAC1LCTf. sProflC use -'S ,\ cu 7 0 DESIGN REVIEW 19 0 PHASING PLAN 31 0 TEMPORARY OUTDOOR PERMIT 8 0 erCfPTlON TO ST. ROW III 1I4Pll.O\IfM!1'IT RfQ. 20 0 PUD PRELIMINARY PLAN APPROVAL 32 0 TREE REJolOVAL PERMIT 90 EXTENSION FOR A DEV. DECISION 210 PUD DESIGN Pu\N FINAL APPROVAL 33 C VARIANCE 10" Fl!N<:! &a FflU STANOIHG WAll~E'(ONST ReV. 220 PUO FlNAL PLAN APPROVA.L 34. ZONING ADJUSTMENT 11 0 GRADING PfRMIT n a LLA &. CONSOLlDA nON OF LOTS 3S 0 ZONE CHANGE l2 .'] HISTORIC OR .aRCH. SlGl"ll1'1 sm. ~11'1<: cu l40 RS ARCH. STANDARDS SUBOIV. 36 0 OTHER: A Ikant Certification (C~".,,~.1III SoIirllJntl) 1 hereby d-'ar. that H .pplica"t few this IIropoMl. I have 'amlllarizH myself with tile ..I.",ant provisions of the City of Woodbum DevelOpmlnt Ordinance; and J ha"e rud the foregoing ilPplkiltlon and know the contents of the ilpplkiltion to b. true to the !Jest of my knowledge (I' appllant IS n~ same lIS p,op."" owner. ow".r ,hilll author;". applbnt to repre".,,' his/her inter~ in the "bo". referenced ilppllutio" by siQnlnQ below). ;ft(y II t:m""'" .,"~'"'' ~~ (';~ ,.;~Ufrf~ c~ HI" ",~/~. n~'" '~III,J;:j,t,'" .:':2L, ' D_ rille I.J ,"'do""'~iJ oM U/C..r.,,,,,, CtI ;\......s:...f\. ~ M ',,"11 I.J ,'.*MOII "', 1f'Ct'(Jr,. JJG]\1.:r>1'b d .~ ,J 111 n...;. Ii. HIli u..,...'f(Jt,.."IU (<t~;:lI<'UlWro~.,~.t"~.i'7W>>31i< .,au"'~"MO:~J'_I'f""'N~..,_""".~NtMDf<<~) \ \ ~ Owner (F;f~' d..'Idu.."i1<J) . .... ..J-1.. Applicant IFtnn".~IJScI1CIt~tl) X----y ~~/ - ~--~-' Print Name ;cS','L'~ ..YllClr3 ~ ,-:cl.:l(1) David E. Emmene9~er Print Name tEw,b.r ~n ,'.!V3 ok! mcfJ#.1 Christine M. Schwamberg.r R tedR Date IFKtll,J Date ,FC'rltJ1 42 * RECIO * ( BEFORE THE CITY OF WOODBURN COMMUNITY DEVELOPMENT DEPARTMENT AUG 1 8 ~005 WOODBURN ~( MUNrrY OEVELOPMEf DEPT. For a Rear Yard Setback Zoning Adjustment F or Property Located at 120 Smith Drive ) ) ) ) ) ) Case No. In the Matter of the Application of: DAVID E. EMMENEGGER APPLICANT'S STATEMENT COMES NOW applicant, DAVID E. EMMENEGGER, by and through his attorney, Christine M. Schwamberger, of Wallace W. Lien, P.C., and does hereby submit the following Applicant's Statement setting forth legal and factual justification for a rear yard setback zoning adjustment. I. NATURE OF THE APPLICATION This application is for a zoning adjustment to the 24-foot rear yard setback required in the Single Family (RS) zone under Woodburn Development Ordinance (WDO) 2.102.06(C)(2)(a)(2)(a)(i), to allow the expansion of an existing garage for an interior shop and additional enclosed storage. WOO 5.1 02.03(D)(5) permits a zoning adjustment of up to a 20 percent reduction to the rear yard setback. This is a request to reduce the average rear yard setback by 4.38 feet to an average of 19.42 feet, a 19 percent reduction from the 24-foot rear setback required (24- 19.42 = 4.38/24 = 19 %). II. BACKGROUND INFORMATION The subject property is located at 120 Smith Drive and is developed with a site-built single- family residence and attached garage. The house was built in 1968 and is 14 feet in height. Applicant acquired the subject property on June 25, 1998, by deed recorded in the Marion County Page 1 - Applicant's Statement for Zoning Adjustment (Emmenegger) 43 r \ Deed Records at Reel 1501, Page 2. See Exhibit D-Deed. The subject property is 0.23 acres (10,019 sq. ft.) in size and is a comer lot at the northeast comer of Smith Drive and Workman Drive. The subject property is a polygon with dimensions of120 feet (front) by 89.41 feet (side) by 108.75 feet (rear) by 105 feet (side). See Exhibit H-Subdivision Plat. The existing garage, which is attached to the south end of the house, is 22 feet by 28 feet with an area of 616 sq. ft. Applicant proposes to extend the existing garage eastward into the rear yard by an additional 23 .5 feet for an interior personal hobby shop and additional enclosed storage. The proposed development would allow applicant to park cars in the garage while keeping his shop work and storage out of public view. A minimum rear yard setback of 24 feet is required m the RS zone by WDO 2.102.06(C)(2)(a)(2)(a), which specifies in part that, "The average rear yard setback (as defined in Section 1.102) for all lots, EXCEPT a flag lot shall be: "(i) 24 feet wide for structure up to 16 feet in height , ,. /. I" ,~J. '-./ "* * * * * "with no point measuring less than 5 feet from the average dimension." (Emphasis added.) The rear yard setback must be calculated using an "average setback for a straight wall." WDO 1.102. An average rear yard setback is calculated by dividing by two the sum of the nearest and the farthest points of the building wall from the property line. WDO 1.102. With the proposed 23.5 foot garage expansion, the new average rear yard setback for the property will be 19.42 feet ((27.33 + 11.5) I 2). See Exhibit C-Site Design Plan. III III Page 2 - Applicant's Statementfor Zoning Adjustment (Emmenegger) 44 III. ZONING ADJUSTMENT The purpose of a zoning adjustment is to allow a minor variance, within specified limits, to a zoning development standard where strict adherence to the standard is precluded by circumstances and minor deviations from the standard will not unreasonably impact existing or potential uses or development. See WDO 5.102.03(A). The standard for granting a zoning adjustment involves a determination of whether the criteria set forth are satisfied and whether the adjustment necessarily involves the balancing of competing and conflicting interests. See WDO 5.102.03(C). WOO 5.102.03(C) provides the criteria for a zoning adjustment: 1. The adjustment is necessary to prevent unnecessary hardship relating to the land or structure. Fadon to consider in determining whether hardship exists, include: a. Physical circumstances over which the applicant has no control related to the piece of property involved that distinguish it from other land in the zone, including but not limited to lot size, shape, topography. -' A. Double-Fronta2e Lot The rust physical characteristic that distinguishes the subject property from other land in the RS zone is that it is a corner lot. The subject property has two full street frontages--one in the front and one on the side. A standard lot in this neighborhood has only one street frontage. While most homeowners desire a front street frontage, an additional side street frontage poses hardships concerning security, privacy, and aesthetics. The problematic side street is Workman Drive. The double-frontage configuration opens the subject property to increased exposure-where passers-by can see into the rear of the subject property-and bares applicant's personal property and activities to public view. A standard lot in this neighborhood has protected interior side yards that are visible only to, and protected by, their immediate neighbor. However, applicant has a side yard that is Page 3 - Applicant's Statement for Zoning Adjustment (Emmenegger) 45 / immediately accessible from the street, and which is visible to the entire public. The Woodburn Christian Church is located across Workman Drive from the subject property, which results in considerable public exposure. Excessive public exposure creates overlapping problems and concerns involving security, privacy and aesthetics. Security has recently become a heightened concern for applicant. In the last month alone, two of applicant's immediate neighbors have had cars vandalized, and a third neighbor had a bicycle stolen. These unfortunate events require applicant to park both his cars in his garage, which poses severe limitations on other traditional uses for the garage. While applicant has installed a wooden fence along the south side of his house, this does not provide secure storage; does not shield noise, light, and view of applicant's shop work from his neighbors; and does not shield large belongings from view over the top of the fence-all of which create security, privacy, and aesthetic limitations on the use of the subject property. To compensate for these problems, applicant needs an enclosed personal hobby shop and storage area. The most aesthetic manner to provide this area is to extend the existing garage into the back yard, where personal property and activities can be accommodated in a structure that continues the same architectural theme, materials, colors, and design as the house. This will also prevent the need for multiple, unsightly accessory buildings cluttering the back yard. B. Two Front Yard Setbacks The second physical characteristic that limits the subject property is the street setbacks. The double frontage of the subject property imposes the additional burden of two required front yard setbacks along both streets. See Exhibit H, which shows the subject property with a 20-foot setback along both the front (west) and side (south) property lines. If this were not a comer lot, the side Page -1- Applicant's Statement/or Zoning Adjustment (Emmenegger) 46 (southeast) property line would be considered an interior side yardt and only a five-foot setback would be required. See WDO 2.102.06(C)(2){a)(1). Insteadt WDO 2.102.06(C)(1)(a)(l) requires a minimum 20- foot setback for both a front property line and a property line abutting a street. This requirement removes a full 915 sq. ft. of buildable space from the subject property's yard. This nwnber is calculated by first taking the length of the south property line, 105 feett and subtracting the front and rear setbacks, (105 - (20 + 24) = 61). Then take that distance and multiply it by the 15- foot difference between a front yard and a side yard setback to get 915 sq. ft. (61 x 15 = 915 sq. ft.). Therefore, applicant must sacrifice 915 sq. ft. to setbacks because of the second street frontage. That loss in area is almost twice the area of the proposed garage expansion of 517 sq. ft. (23.5 x 22). C. Sideways Lot Orientation The third physical characteristic that distinguishes the subject property from other lots is the "sidewayst' orientation of the house on the lot, which reduces applicant's backyard depth compared to other lots. This is illustrated by examining the two immediate properties. The property to the north has depth of up to 115 feet. Subtracting the same average front yard setback, house depth, and proposed garage expansion as the subject property, which totals 82.12 feet (30.45 + 28.17 + 23.5), this property would still be left with a 32.88-foot rear yard (115 - 82.12). This property would need no zoning approval to build the same proposed garage expansion. This property also does not have the security, privacy, and aesthetic concerns as applicant because this property is not a double- frontage lot. The property to the east has a depth of up to 112.21 feet. Subtracting the same front yard setback, house depth, and proposed garage expansion as the subject property, which totals 82.12 feet, this property would still be left with a 30.09-foot rear yard (112.21 - 82.12). As before, this ( Page 5 ~ Applicant's Statementfor Zoning Adjustment (Emmenegger) 47 property would need no zoning approval to build the same proposed garage expansion. And again, this property does not have the security, privacy, and aesthetic concerns as applicant because this property is not a double-frontage lot. b. Whether reasonable use similar to other properties ~an be made of the property without the varian~e. Because the subject property has a double-frontage, has two front yard setbacks, and is oriented in a sideways configuration, applicant cannot make reasonable use of the subject property similar to other properties in the immediate neighborhood. As discussed above, applicant has heightened security, privacy, and aesthetic concerns that his neighbors do not have because the subject property is a double-frontage lot. And, because of the recent vandalism experienced in the neighborhood, applicant is now at even greater risk than his neighbors because of the increased exposure and accessibility that his side street-exposure creates. Applicant is trying to address his increased security, privacy, and aesthetic burden with a garage expansion. Applicant's neighbors could make the same proposed expansion without public review, and they do not have the same security, privacy, and aesthetic concerns. Finally, the second front yard setback reduces buildable area by 915 sq. ft., a reduction to which the typical lot in this subdivision is not subject. c. Whether the hardship was ~reated by the person requesting the varian~e. Applicant did not create the lot nor build the house. Therefore, he did not create the hardship of the double street frontage, double front setback, and sideways orientation that impose the burdens discussed above. Applicant, like his neighbors, is concerned about the recent vandalism in the neighborhood and is taking prudent steps to reduce his risk of being the next victim. Because ofthe increased exposure to the street, applicant is addressing privacy and aesthetic concerns. Applicant is asking for the ability to expand the existing garage to help address burdens being imposed on him Page 6 _ Applicant's Statementfor Zoning Adjustment (Emmenegger) 48 by the design of the subject property, an action which his neighbors could take without any public review whatsoever. 2. Development consistent with the request wiD not be materially injurious to adjacent properties. Facton to be considered in determining whether development consistent witb tbe adjustment is "injurious" include but are not limited to: a. Physical impacts such development wiD have because of the adjustment, such as visual, noise, traffic and drainage, erosion and landslide hazards. The proposed garage expansion will have no adverse physical impacts on the subject property or any neighboring property. The proposed garage expansion will blend seamlessly with the existing house and garage because the design, materials, architectural features, and paint will all match the existing structure. Traffic, and traffic flow, will be unchanged. Any increase in storm run- off will be addressed by a drainage way along the rear of the new expansion that will drain to the street. There are no erosion or landslide hazards on the subject property because it is a flat lot. b. If tbe adjustment concerns joint use parking, the boun of operation of the uses sharing vehicle parking shaD not create a competing parking demand. This factor is not applicable to this application. c. Incremental impacts occurring as a result of the proposed variance. The properties to the rear (northeast) will experience a slight visual impact, in the that there will be a change to the existing garage size. The Woodburn Christian Church, which is across Workman Drive from the subject property, will see only a slight visual increase in the size of the garage. Applicant has already discussed the proposed expansion with these neighbors, and they are in full support of this application. See Exhibit G-Letters of Support. Storm water drainage will be slightly affected by the increased lot coverage. Applicant will take all steps necessary to direct this Page 7 _ Applicant's Statement for Zoning Adjustment (Emmenegger) 49 ( water toward the street and away from any neighboring property. There are no other known incremental impacts of this request. 3. The adjustment is the minium deviation necessary to make reasonable economic use of the property. As already discussed, applicant needs parking for two vehicles, an interior personal hobby shop, and enclosed storage to address the security, privacy, and aesthetic issues raised by his double- frontage, sideways..oriented lot. The 23.S-foot length of the proposed garage expansion is required to accommodate the full length today's larger vehicles, to allow for interior circulation around the vehicles, and to create further usable area. Therefore, this adjustment is the minimum deviation necessary to make reasonable economic use of the subject property. 4. The adjustment does not conflict with the Woodburn Comprehensive Plan. ( This adjustment involves a detached single-family residence. This adjustment is in full compliance with all applicable Residential Land Development Policies (RLDP) in the city's comprehensive plan. The RLDPs that were identified as applicable are the following: RLDP NO. A-2 LIVING ENVIRONMENT This policy promotes the long-tenn livability and quality of the built environment of the neighborhood. As already discussed, the proposed garage expansion will be done in a manner to match and preserve the architectural and residential character of the existing house. The expanded storage will address the significant security, privacy, and aesthetic concerns existing on the subject property. The proposed garage expansion will present a clean and un-cluttered appearance and eliminate the need for additional accessory buildings for storage in the back yard. This adjustment concerns an expansion of an existing garage for uses accessory to the residence. This adjustment addresses the needs of applicant while ensuring that the neighborhood will not deteriorate over time. Page 8 - Applicant's Statement for Zoning Adjustment (Emmenegger) 50 T All of these points are reinforced by the fact that applicant has discussed the proposal with neighbors, and applicant has their full support. RLDP NO. A-3 OPENNESS Although this adjustment will expand the existing garage, there will still be a feeling of openness to the subject property. The subject property is beautifully landscaped with a manicured lawn and shrubbery. There is also a large well-trimmed hedge and many sculpted shrubs which provide focal points throughout the subject property. The front yard will be untouched. The only view that will be affected by the proposed garage expansion is the side view, which immediately abuts a street and not a neighbor. RLDP NO. A-5 DESIGN ( The proposed garage expansion will continue the design, color, and materials of the house. There will be no need for outbuildings or other storage clutter in the back yard. The yard is beautifully landscaped and the proposed garage expansion will not reduce the landscaping. RLDP NO. A-6 NON-RESIDENTIAL USES This adjustment is to expand the garage for residential uses. The residence is in full compliance with residential zoning requirements. V. CONCLUSION This application is for a zoning adjustment to the rear yard setback as allowed by the Woodburn Development Ordinance and the Woodburn Comprehensive Plan. The adjustment is necessary because of increased concerns for security, privacy, aesthetics caused by the double street frontage, and because of reduced buildable space created by the sideways house orientation and double front setbacks. This request will allow applicant to expand the garage in the same manner Page 9 - Applicant's Statement for Zoning Adjustment (Emmenegger) 51 ( as neighbors could without any public review whatsoever. On behalf of applicant, I urge approval of this zoning adjustment. RESPECTFULL Y submitted this 12th day of August, 2005. Isl CHRISTINE M. SCHWAMBERGER Christine M. Schwamberger, OSB No. 03202 of Wallace W. Lien, P.C. Attorneys for Applicant Page 10 _ Applicant's Statement for Zoning Adjustment (Emmenegger) 52 ~ o ~ cr. ~ ~ z~ ~~ ~'Z il o~ ~ Ln o o ~ ~ ....-4 <.0 ~ 4. - ! ..... ct o ~ I '&a .... ~ o . . (,) X 0 . ~ u (,) .. _ \II tal -0..J ... .l IX: &QW 4WZ.JOZ.J ut~~=:%CC Za:..........J. O - W ... ... _ZUfn.Jac- t::01C~wO~ :!:_~~...c:t :>. I I \&I . acA.2: III ... .-- c : .;, :JY} " /... v .J ; ,.J, I / / ~ ../ , I ( e .... ~ III c:J CL '>~" .. - Q. c o "ii) .S; ~ :s o C>..v :;)0 +~ ")q +~ ~O ", 53 o u...!! 4!:... Oelt 5wz~! ~ut-",a:z .......~:1:c:J zz>....~o \&I ltJ -.... - 2zCl:;G1SUi :):)1IJ4I&1U ~~~!~ac '2:!CI)u~4 Cl)lIIz~....lE bJbJ~_!!~ ...I-U) 0 ct<tz....oz ~~l&Jwca:\IJ OQ2l&JO~ ~;I!:_IA..:Z:c) __0 U I I I N ..; .,. ~. O \1-~ to. a- I- .r ;;.. ( ZZ lIIQ -~ ~2 ~8 bI~ uz .(0 ..J~ ..J~ .(~ ~~ i n. y "6 ::J en [] ~ Q) C) ~ ~ Ell) _we cw~ .-or--: S'SN !m>- =6'0'3 c(,o..;' aaci c~~ _'_ G" ca ~~a. WALLACE W. LIEN A PROFESSIONAL CORPORA1'ION * REC'O * Wallace W. Lien Daniel B. Atchison Alexander C. Boal Brian J. Henry Christine M. Schwamberger AUG 31.2003 ~OBURNCOMMUNITV DEVELOPMENT DEPT. Attorneys at Law Contad bye-moil at cschwamberger@lienlaw.com August 30, 2005 City of Woodburn Community Development Department 270 Montgomery Street Woodburn, OR 97071 Re: Zonin~ Adjustment Application - David Emmene~l!er Dear Planning Staff: Please include the enclosed letters of support as Exhibit G in the zoning adjustment application materials for David Emmenegger. If you have any questions regarding this matter, please feel free to contact me at your convenience. Yours truly, WALLACE W. LIEN, P.C. By: Christine M. Sehwamberger CMS:sdf Ene: Exhibit G - Letters of Support cc: David Emmenegger (w/ene) 1775 32nd Place NE, Suite A. Solem, OR 97303-1674 ~ 503-585-01 05 ext.306 office · 503-585-0106 fox Web site at l1!Il4I/www.lienlaw.com LETTER TO THE CITY OF WOODBURN COMMUNITY DEVELOPMENT DIRECTOR IN SUPPORT OF ZONING ADJUSTMENT APPLICATION FOR DAVID E. EMMENEGGER * REC'O * DATE: 7 - Z 7 - ()..'5" AUG i$ 1 2009 TO: Ms. Naomi Zwerdling, City of Woodburn Interim Community Development Director WOQuo JI1I~ ~OMMUNITY DEVELOPMENT OEPT. RE: Zoning Adjustment for Rear Yard Setback for David E. Emmenegger at 120 Smith Drive Dear Ms. Zwerdling: I write this letter to urge you to please grant David E. Emmenegger's application for a zoning adjustment to his rear yard setback to allow needed expansion of his garage. I am in full support of his application. Additional Comments (if any): ?">' lI!!JY yours, /f I \~~~/ak (Signature) {} / ':PaLl \ J3.l~l\\b.era (Print Name) --::J 12q 5m!ih J)R;VE. (Street Address) \,1\/ t'tc\ b ('H~. IS I ~ R. q 7 () 7 { (City, State, Zip) 55 LETTER TO THE CITY OF WOODBURN COMMUNITY DEVELOPMENT DIRECTOR IN SUPPORT OF ZONING ADJUSTMENT APPLICATION FOR DAVID E. EMMENEGGER * REC'O * DATE: }- 17- .5' AUG S 1 2005 TO: Ms. Naomi Zwerdling, City of Woodburn Interim Community Development Director WOODBURN COMMUNITY DEVELOPMENT DEPT. RE: Zoning Adjustment for Rear Yard Setback for David E. Emmenegger at 120 Smith Drive Dear Ms. Zwerdling: I write this letter to urge you to please grant David E. Emmenegger's application for a zoning adjustment to his rear yard setback to allow needed expansion of his garage. I am in full support of his application. Additional Comments (if any): (Print Name) ~5/ 6 J&tp. p1.hJ {Jv. (Street Address) (;Jd8 ~/!;.~~~tat~' 97 (J7I 56 r LETTER TO THE CITY OF WOODBURN COMMUNITY DEVELOPMENT DIRECTOR IN SUPPORT OF ZONING ADJUSTMENT APPLICATION FOR DAVID E. EMMENEGGER DATE: 7~6'~) , . TO: Ms. Naomi Zwerdling, City of Woodburn Interim Community Development Director RE: Zoning Adjustment for Rear Yard Setback for David E. Emmenegger at 120 Smith Drive Dear Ms. Zwerdling: I write this letter to urge you to please grant David E. Emmenegger's application for a zoning adjustment to his rear yard setback to allow needed expansion of his garage. I am in full support of his application. Additional Comments (if any): :fW~ C 19nature) ~/Gh~ (Print Name) /I~ _<(k/:J4 J2,.,,'e I / }Street Address) tt!ddtI!V"'-"" ()~. f7//1/ (City, State, Zip) * REC'D * AUG 3 1 2005 WOODBURN COMMUNITY DEVELOPMENT DEPT. 57 LETTER TO THE CITY OF WOODBURN COMMUNITY DEVELOPMENT DIRECTOR IN SUPPORT OF ZONING ADJUSTMENT APPLICATION FOR DAVID E. EMMENEGGER DATE: ?-~9-05 TO: Ms. Naomi Zwerdling, City of Woodburn Interim Community Development Director RE: Zoning Adjustment for Rear Yard Setback for David E. Emmenegger at 120 Smith Drive Dear Ms. Zwerdling: I write this letter to urge you to please grant David E. Emmenegger's application for a zoning adjustment to his rear yard setback to allow needed expansion of his garage. I am in full support of his application. Additional Comments (if any): Very truly yours, ~?J1~"- ( ignature) /f6,(/~ Y /J:1A-r//!i,/vJ f (Print Name) 13 0 >~/?/ LJ,,(fh& (Street Address) J,voo t7tJvR,N / 0,(' '7..,07/ (City, State, Zip) * REC'O * AUG 3 '1 lOOS WOODBURN COMMUNITY DEVELOPMENT DEPT. 58 LETTER TO THE CITY OF WOODBURN COMMUNITY DEVELOPMENT DIRECTOR IN SUPPORT OF ZONING ADJUSTMENT APPLICATION FOR DAVID E. EMMENEGGER DATE: g- If? - OJ l TO: Ms. Naomi Zwerdling, City of Woodburn Interim Community Development Director RE: Zoning Adjustment for Rear Yard Setback for David E. Emmenegger at 120 Smith Drive Dear Ms. Zwerdling: I write this letter to urge you to please grant David E. Emmenegger's application for a zoning adjustment to his rear yard setback to allow needed expansion of his garage. I am in full support of his application. Additional Comments (if any): V truly OUI J;t, 11fiC ~ . &ref(JD y~ (Print Name) ( ( UC:f}J./tv1 ~\ (Street Address) CLtt){bt.h() Q V~ q?~71 (City, tate, Zip) * REC'D * AUG 31 Z005 WOODBURN COMMUNITY DEVELOPMENT DEPT. 59 LETTER TO THE CITY OF WOODBURN COMMUNITY DEVELOPMENT DIRECTOR IN SUPPORT OF ZONING ADJUSTMENT APPLICATION FOR DAVID E. EMMENEGGER DATE: <{S- \<t-OS TO: Ms. Naomi Zwerdling, City of Woodburn Interim Community Development Director RE: Zoning Adjustment for Rear Yard Setback for David E. Emmenegger at 120 Smith Drive Dear Ms. Zwerdling: I write this letter to urge you to please grant David E. Emmenegger's application for a zoning adjustment to his rear yard setback to allow needed expansion of his garage. I am in full support of his application. Additional Comments (if any): Very truly yours, i.~~~~,"~ (Signature) kN ~~ \ \ \, ~'--:~c t-J (Print N arne) -11 \ (~ ; \-\... ~~. (Street Address) l,OCCc~I..~ OR-. (1707 L (City, State, Zip) i:r REC'O 1:4 AUG 3 1 2005 WOODBURN COMMUNIT DEVELOPMENT DEPT. 60 r vv,..,-....- ... ... '"" ... :.:.. .t" ,.- ,. ... r~_I-- . _ ...........- r- \" ~ "'.. ......._ ,.. .--" u.. 1 , ID) T\COR T\T\.E \USU~A.Nc.e =-- w "I"t^""~ onm COI,Al't'TOIl: ....It K 1\_ o..",aU: tlavW 11 ~5&Cf r liE III ReEl. "'01 \;1It\l ~ cWIP" ....-e,.... .11 .... .1&,....""" "",'I. lellt III'" r.l1....illt ....er 0.... l ~..W' 110 Smitll un-c w.......oa 970'1 '..tmI"I too.. l,,)'l9'N Ti.1e N.. 143'3' AIl<n' ~...II.. 1Cl\IIfl1r. 0.'" I ~.Ift I>> s...a l'Jn"t t....... 01L 9101\ ( STAWTOllY "'....JUlANTY D&f.D ""..... II- "'" ..."" .Ll....,...... --. ......... BY ..... amoaY ..-. _.....-..M c--." r..... ~nbccl Kal plOpt"lY 1M or ~ _. .. ..:1ica1l1 "' rcriIllCftln .iQl&lellIll tAadllll c.,...,. on:p. . ..,,, .. DAnD I. Jll(llllIlQCD. - ...~ raaaII .. L 8","1Il. ~ or B\cICk L S>>olml"S AtlDmmJ · die 01, e( ---. ,..... C~. o..c.... nllS r.o;Sflll'!,Ui.'O' ....'LI. SOT ALI.OW un Of,llI> P1lOPttKTY pescJl1BiD IN TUIS Ito;s'nUIMan' TN \I1ot..'110\'1 OF .,rt'l-Ic"nll \,A,co \lIE LAWS A~D kEG\I\....Tlaa. DEfoRE :S1~ OJl, ACC1!I'1'1NCl nlll nor.tra.UMDI1'. ~Hl ,2.tr.ldC ...CQll1It.C>lQ flit mLE TO nil PJ.ornn' SHOULD cHECK W11'H nIl "pra.orRL\1'E ClT'i 011. (,,,-srt 'lA~~ISC; OEP^IlDltuo:f 10 "....IFit ".""o"'EO USi." AND TO TlI!.1'!p.M~ ANY LlMI1'S 0'" I.A...~;I1S ,.~Il'Is1 FuMIN(l o-.l'OltU'T '.....CTlC1S "I DU"'lEO IN oas 3o.t30. '\'be.... ~ II cnc {rom """"'C*ft _.,.. ..-.N.... C....iotiClll: aM lICtlJlcn- 01 recant (II.... cllll'Ply WI'" 1M I'ClIvI..1ftC1IIa of ()U 9S.0l0) 'lie _ .__"_'''' .w ;_yCIICC'. il.....~... r'Mcol'''" _1'i-~,., _~IL_ \.1.L ~ fifE: --1- . -~ Ii . dl- Ito.. ~ & _--' I~t' ~ , . !llaIC III anp. C.aJ at _.1JJ.W" ~ ~ ~ i-""""",, "")' ..ll-'dp4 tIIC.... "" GlI ~ ., .r \t,.otMft S -- ,,~A" -- ~.. .. . , ~ . .. - . --;;rslt"'" . ~ 61 ~ "'tl :" . . .. -:-. -, ~ ~ ; L i \ ~ :{;. ~' ,CJfiI \ I. .' ., .. I I . ~ ., V13/VI/'YYtoJ ........,...... -' .... . ,- , " --.-----. . .. 1 REEL:1S01 PAGE: 388 .\." July 01, 1998 , 10:08A :-; ~ ~ ; ~~ i ~rl OOWTaOL I: ~. : 1.!i01311 .. ~ . . . ~ . "" r. . ~: ! " ' )l . ", ' ~. ~ 'r' ~' 1 ~ :.., . ~ St..1;. of Oregon COWlty of "'.2:'1= 1 be~.by c:el!:t.ify eha~ t;h* a~tach.cl 1n.~EUIIIlnt ..... rec.lve4 &:l4 d\Jly r.c:om.-d by .... in M.1:ion county rec:ol:dAl nBa $35.00 ALU II w.vtDSOW C01JJIITY CLPJt .. " J ." I:: ,: .:.~ 'f; ... .. t-~: .:' ~ l-' ~. t . . . ..... (' . .. :- ~ . " . ~. iff. ... . . . ~~ .' 1:1 , , . III -.' ..Ill". .;...,,: ~.~\ ,..... ~ . ./, : i .' . , . , 62 'l t' . ~ :. ,.~ ... . . - A '. ;a ~ #' . ZONING ADJUSTMENT 05-02 ZONING MAP v 60 o 60 1211 1l1C1 feel Cl Subjac:t Site Text street Names /:01 streams 'R Rallroaclllnes NeIghborhood Conservation District C] City Umits c::l Urban Ckowth Boundary o AsHSSOr'S Taxlota Zoning Plan _CG l CO j DOC IlL ... IP NONE ..1 PISP R1S -=- RM RS N w ~j~ ~,~ E S ATTACHMENT A 63 r ZONING ADJUSTMENT 05-02 COMPREHENSIVE PLAN ~f(. ~ 80 o 80 110 240 F_ c::1 Subject Site Text Street Names I:::J. Streams /R Railroad lines Neighborhood Conservation District CJ City Umite c:J Urban Growth Boundary Comprehensive Plan C!JI. COMMERCIAL []IlNDUSTRtAL B NONE .. OPEN SPACE AND PARKS PUBLIC USE CJ RESIDENTIAL (<12 UNITS/ACRE) CJI RESIDENTIAL (>12 UNITS/ACRE) o Assessor's Taxlota N w ~,~ ~t~ E s ATTACHMENT B 64 r Looking North toward Subject Property ^,", ,^ Looking East toward Subject Property ATTACHMENT C 65 Site of Proposed Garage Expansion Looking Northwest from Workman Drive toward the Proposed Garage Expansion 66 .-., - ~ 'b t2- 1& " 1600 6><2 0 .. 8 to - :D !l . ...... 5 IG < 134.72 \ o>~ m 1400 q, I 4 ~ ~~ ~ O"'Tl N"'tJ g~ ~i .....~ )>"'0 0)> " ...... s.- it (J)" !!!.& enD) Pco c@ 01'0 C OD) CC'O S. '2. CA c " ~"'tJ .!g. (..)g. cag. i~ c. -. _ 0'1 ~r- m~ - Z (1) c:: .! ;;& -f 0'13W ~~ ~ ~ e. ~~ UiCIJ . :] - 0' tV CJt::! r it -gc: Ng m!"'!' m Z wo~ a it ~.sr. 3 Q I c... ~ 0 mC!: 0.. C O'l '" -0 ZO 0 ::J ma 0 3 (X)-.oo ~JII 1 (') i; CJt m m )> V''Jn :r: i i4J ::3 OW (1) ~~ 3 .., c 2 ~ en c m 0 - ......Oz [ t! I i co Q c.. OWm Z ~ CD C 0'1~' -t ~ ~ .., Z -0. 0 o.(J) o . ..... C "'C ~ ~ ~ 'J S. ~C aCf) Dr "tI .- ~CD )> -JII II ~ S' ~ ~ s= en- ~Z qCD m z z - ~ 1} 00 )> ~g c 6! Ci) ::D l~ ..- m ~~ ~ q ~ 0 ""~ - VY ,-^-,UJ)U I\N \..0 toN eKAL URDlNANCE.S CHAPTER 2 - LOCAL IMPROVEMENTS 2-11.1 ORDINANCE NO. 1917 2-11.5 Exhibit "E" AN ORDINANCE REGULATING THE CONSTRUCTION, ALTERATION AND REPAIR OF SIDEWALKS. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. mean: Definitions. Unless the context requires otherwise. the following (1) Person. A natural person. firm. corporation or other legal entity. (2) Sidewalks. The part of the street right-of-way or an easement which contains a walking structure between the curb lines on the pavement or gravel edge of a roadway and the adjacent property lines. including the driveway approach. (3) Major construction. Work that requires new construction or alteration and repair of more than 50% of the existing or future sidewalk area. (4) Minor construction. Work that requires alteration or repair of less than 50% of the existing sidewalk area. Section 2. Dutv to ReDalr Sidewalks. The owner of land adjoining a city street shall maintain in good repair the adjacent sidewalk whenever it becomes damaged or deteriorated in any way. Section 3. L1abllltv for Sidewalk Inlurles. ( 1 ) The owner of real property responsible for maintaining the adjacent sidewalk shall be liable to any person injured because of failure of the owner to maintain the sidewalk in good condition. (2) If the City Is required to pay damages for an Injury to persons or property caused by the failure of a person to perform the duty which this ordinance imposes, the person shall reimburse the City for the amount of damages thus paid and the attorney fees and costs of defending against the claim of damages. The City may maintain an action in a court of competent jurisdiction to enforce the provisions of this section. Section 4. Stancjards and SDec~. Sidewalks shall be constructed. altered and repaired in accordance with City standards and specifications. Section 5. Submission of Plans. No person shall construct, alter or repair a sidewalk within the City without first making application for a permit and submitting the plans for the proposed work. The application shall be made to the City Engineer's office, and all applicable standards and specifications established under Section 4 shall be met by the plans, and thereafter the City Engineer or designee may issue a permit for the proposed work. There will be no charge for the permit. ORDINANCE No. 1917 PAGE 1 68 2-11.6 2-11.10 Section 6. SUDervlslon of Work. The property owner or agent thereof. may perform construction. alteration or repair of sidewalks after obtaining a permit from the City Engineer's office. The City Engineer or designee may inspect any materials and construction details as in the Engineer's judgment may be necessary to insure compliance with the applicable standards and specifications. Section 7. Notice to ReDalr or Make Alterations. (1) When major. construction is involved the Council shall, by motion. direct the City Engineer to issue a notice. (2) When minor construction is involved and the repair or alteration is brought to the City Engineer's attention, the Engineer may issue a notice directly. (3) The notice shall require the owner of the property adjacent to the sidewalk to complete the work within 60 days after service of notice. The notice shall also state that if the work is not completed by the owner within the 6Q-day time period, the City may complete it and assess the cost against the property adjacent to the sidewalk. (4) The City Engineer shall cause a copy of the notice to be served upon the owner of the property adjacent to the sidewalk, or the notice may be served by registered or certified mail, return receipt requested. If after diligent search the owner is not discovered. the City Engineer shall cause a copy of the notice to be posted in a conspicuous place on the property. and such posting shall have the same effect as service of notice by mail or by personal service upon the owner of the property. (5) The person serving the notice shall file with the Recorder a statement stating the time, place and manner of service of notice. Section 8. City Mav Alter or ReDalr Sidewalk. If the sidewalk alteration or repair is not completed within 60 days after service of the notice. the City may complete it. Upon completion of the project, the City Engineer shall submit a report to the Council. The report shall contain an itemized statement of the cost of the work. Section 9. Assessment for Sidewalk Work Done bv CIIv. Upon receipt of the report, the Council, by ordinance, shall assess the cost of the work against the property adjacent to the sidewalk. The assessment shall be a lien against the property and may be collected in the same manner as Is provided for the collection of street improvement assessments. Section 10. Sidewalk Construction Reauested bv the ProDertv Owner. If a property owner petitions the Council for an order to build a sidewalk on the part of the street abutting his or her property, agrees to pay cash or to make application to pay the cost in installations as provided by the Bancroft Bonding Act (ORS 223.205 to 223.295), waives the right of service and publication of notice of construction. and consents to the assessment of the property upon which the sidewalk abuts. the Council ORDINANCE No. 1917 PAGE 2 69 WOODBlTRN LENF.RAL ORDINANCES CHAFfER 2- LOCAL IMPRoVEMENTS 2-11.10 2-11.13 may order the construction of the requested sidewalk, if in its judgment the sidewalk should be built. Section 11. Penaltv. A violation of any section of this ordinance constitutes a class 1 civil infraction and shall be handled according to the procedures established by ordinance relating to civil infractions. Section 12. Severability. Each portion of this ordinance constitutes a class 1 civil infraction and shall be handled according to the procedures established by ordinance relating to civil infractions. Section 13. ReDeal. Ordinance No. 778 (enacted February 3, 1942) is repealed. Passed by the Council July 8, 1985 and approved by the Mayor July 9, 1985. ORDINANCE No. 1917 PACE 3 70 01 Exhibit "B" CITY OF WOODBURN PLANNING DIVISION 270 Montgomery St., Room 5 woodburn, OR 97071 APPEAL OF PLANNING DMSJON DECISION . ft:::Ci) /)('C Oa /11000 200J:o Ct:/t,'8URn; " /.00 co~ , '11~> '''~/' ""/'D vN,!)',_ 11'0 "r 4::j ~ 2} NAME: David Emmenegger ADDRESS: 120 Smith Drive CITY Woodburn Zlp97071 DATE SUBMITTED: December 8. 2005 APPUCATION CASE NO.: 05-02 .~ Notice of ADDeal: Every notice of appeal shall contain: 1. Wherein the deciSion is factually or legally incorrect; or 2. Present new facts material to the decision; or 3. Propose moditlcatlons that will better conform the proposal to the requirements of the Ordinance; and 4. The spedflC grounds relied upon for an appeal. Please refer to attached statement. (For additional comments on separate page) FOR OFFICE USE ONLY _ Filing Fee _Date Submitted _ Completed Appeal Form _ Ale Attached I: \CommlJnlty Oevelopment\P1anning\DfNElOPMENT ORCII\lANCE\WOO Appllcatlons.July04\Ott1er\Appelllon'lannlngOiVlSionoeoslon,doc 72 WALLACE W. LIEN A PROFESSIONAL CORPORATION Wallace W. Lien Daniel B. Atchison Alexander C. Bool Brian J. Henry Andrew O. Svitek Attorneys at Law )} I1~C'O Dfe 0 1} *'00D8' 8 2005 DEvtlgZ~f.oM Con'ffkJI{fJ1/:f!1.1f!rl at bhenry@lie~~,J.com December 8, 2005 Ms. Breah Pike-Salas Associate Planner City of W oodbum 270 Montgomery Street Woodburn, OR 97071 Re: David Emmene~ger - Zoning Adjustment Case File No. 05-02 Dear Ms. Pike-Salas: Please be advised that our office represents David Emmenegger regarding the above- referenced application. This letter is our appeal to the decision rendered on November 28,2005, in the above-referenced matter. Mr. Emmenegger is the applicant and therefore has standing to pursue an appeal. The applicant wishes to appeal the conditions of approval identified on page 7 of the City of Woodburn's Community Development Director's Findings and Decision. Specifically, applicant asserts that the following conditions of approval are both factually and legally incorrect: "1. The proposed garage expansion shall comply with the minimum 20-foot setback from the property line adjacent to Workman Drive per Section 2.102.06.C.l.a.l. "6. 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." Condition 1 (20-foot setback) is wholly inconsistent with the existing character ofthe subject property. The subject property contains an adequate setback area. The applicant acquired the subject property on June 25, 1998. Since that time, he has made no changes to the property that have altered the setback area adjacent to Workman Drive. Moreover, a review of aerial photographs demonstrates that applicant's setback is consistent with surrounding properties. Therefore, finding the subject property in noncompliance renders the vast majority of nearby properties in violation as well. 1775 320d Place NE, Suite A · Salem, OR 97303-167 4 ~ 503-585-0105 ext.313 office · 503-585-0106 fax Web site at htt1:.8www.lienlaw.com ..lVl.~. Lll'-'a.J.l .I. 11\."",-...,alQi:) L.J'IW~'lWUlU'IWl 0, ':'VVJ rage L. Condition 6 (driveway approach) is beyond the scope of the Community Development Director's review. This matter involved an application for a rear yard setback zoning adjustment. As the driveway approach was not an element considered in the application, it is inappropriate to include it as a condition of approval. Enclosed please find a check in the amount of$250 to satisfy the appeal fee. If you have any questions regarding this matter, please feel free to contact me at your convenience. Yours truly, WALLACE W. LIEN, P.C. ~1IM~ By: Brian J. Henry BJH:sdf Enc: Check for $250 cc: David Emmenegger (w/o ene) ~ ~ L' is 0 '*' .. .. (1), .. \'-' ()()tt9 :c t~ In to- ! - ~ ~ ~ .. .. r./) - 00&9 0069 OOtp<:~ €~ in l In !W .. 0009 .. O~~ OO~ ti OOl9 I )0 '- .nL ..!!:!>>l__ '" ~ z ~ ~ z C) I (i) ~ ..~ i5~ m Ii Ii I' - 11 lJ \ J I t Ii ! I I. ~ ,,~ lIo lit lit 1# i!:8 l~ I~ l~ l~ ~a Cl ~ 1&1 J: :I: ~ S 'f, ~ I ...., , q,<c9 , ~ OOPL W , ~J" "'tel 9 > ~ , - ex: i'b 0/ 8 0 ~c9 ...... .. ~. 009~ / ~j,V/ 75 o N ~ ': a: . ~\ Exhibit "e" -t1 ZZ lLIo .J~ . 0 .~ ~o lLI~ ~~ ~~ < !!. ~~ u1;:;;:g Zo~ .,MO 0"" , 00-\0 _ CD ~"'\O '"COM c: .0 ~~\O \0 - ~~ T , . '~a - L I I 76 .. Q .. .. ... :c .- .c >< W 77 (-, !, ...(:~~~~ ~4 Wo Q.D BURN IfljJr,~rllttd '889 A~ ,~llA . . January 9, 2006 TO: Honorable Mayor and City Council through City Administrator FROM: Naomi Zwerdling, Interim Community Development Director ~,~ SUBJECT: Ordinance Approving Annexation 04-02, Zone Change 04-02, and Design Review 04- 18. RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance approving Annexation 04-02, Zone Change 04-02 and Design Review 04-18. BACKGROUND: The City Council, at its December 12, 2005 meeting, conducted a public hearing concerning the above referenced applications. At the conclusion of that hearing, the Council directed staff to prepare an ordinance to adopt findings in support of approval of Annexation 04-02, Zone Change 04-02 and Design Review 04-18. That ordinance is attached. DISCUSSION: None. FINANCIAL IMPACT: The subject property is exempt from property taxes so it will not contribute to the City's property tax revenue. Agenda Item Review: City Administra City Attorney Finance 78 COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE ANNEXING 9.62 ACRES OF PROPERTY INTO THE CITY OF WOODBURN LOCATED ON THE SOUTH SIDE OF MOLAL LA ROAD AND NORTH OF JUNE WAY AT 2045 MOLALLA ROAD; GRANTING A ZONE CHANGE FROM MARION COUNTY UTF (URBAN TRANSITION FARM) ZONE TO CITY OF WOODBURN CG (COMMERCIAL GENERAL) ZONE; APPROVING DESIGN REVIEW APPLICATION CASE FILE NO. 04-18; AND ATTACHING CERTAIN CONDITIONS THERETO. WHEREAS, the applicant, LDS Church, submitted the following applications: Annexation 04-02, Zone Change 04-02, and Design Review 04-18; and WHEREAS, the Woodburn Comprehensive Plan and Zoning Map have established certain land uses within the City of Woodburn's Urban Growth Boundary; and WHEREAS, the Woodburn City Council has reviewed the record pertaining to said applications and heard all public testimony presented on said applications; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the subject property is owned by Elroy A. Olson and Jeanne M. Fredrickson and is legally described in Exhibit "A" which is affixed hereto and by this reference incorporated herein. Section 2. That the subject property is depicted on the Exhibit Map for Annexation which is affixed hereto as Exhibit "B" and is by this reference incorporated herein. Section 3. That based upon the Findings in Support, which is affixed hereto as Exhibit "C" and is by this reference incorporated herein, the subject property is hereby annexed to the City of Woodburn. Section 4. That the W oodbum Zoning Map is hereby amended as to the property described in Exhibit "A" to this Ordinance from Marion County UTF (Urban Transition Farm) Zone to City of Woodburn CO (Commercial General) Zone based upon the Findings in Support which is affixed hereto as Exhibit "C", Section 5. Development permit application Design Review 04-18 is hereby approved; based upon the Findings in Support that are affixed hereto as Exhibit "C". Section 6. That Annexation 04-02, Zone Change 04-02 and Design Review 04-18 approvals are subject to the conditions contained in Exhibit "D", which is affixed hereto and incorporated herein, which the Council finds reasonable. Page 1 - COUNCIL BILL NO. ORDINANCE NO. 79 Approved as to form?7- 7Va- ~ City Attorney /'2./30/Z00S- Date I . Approved: Kathy Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office ofthe Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. ORDINANCE NO. 80 WARRANlV OUO UND""OUA'-' '01 J." exm U IL #II. . ...nett. c.," .,1ftM'. corN..". ,. " .. ".., r. prOl*t'l .tUlt" In the Coun~ . . S,... 01 Or..... detcribld- J- Dr :\ WdObtl vAN (S&S ~(J' u'*'. .J, rlf~. 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't ..... . ~ t\) ~ L\ a: > 0 -/:-1 owU') ~ (.) 0 (.) -=\ -::: w 0 -:2-. :z ~ ()~ > . ...J ., u.i to en --: . A 'V' -" ~ '-. <\ rL\, ..... ..... ...... ..... ..... III i og"9Sl 8 ~ W ~ a <\, .\.'-\ <\ -\ 82)..., '" EXHIBIT "C" FINDINGS IN SUPPORT ANNEXATION 04-02 ZONE CHANGE 04-02 DESIGN REVIEW 04-18 I. APPLICATION INFORMATION: Applicant: LOS Church A TIN: Mark Cottle 395 N. Sherwood Sherwood, OR 97140 Property Owner: Elroy Olson and Jeanne M. Fredrickson 10730 Portland Road NE Brooks, OR 97305 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 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 ANNX 04-02, ZC 04-02 & DR 04-18 Page 1 83 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 Chanae 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. FINDINGS: Annexation 04-02: A. Woodburn Development Ordinance Section 5.104.01 Annexation: Section 5.104.01.D Application Criteria 1. Annexation a. Findings showing compliance with applicable Woodburn Comprehensive Plan goals and policies ANNX 04-02, ZC 04-02 & DR 04-18 Page 2 84 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 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 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 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 ot the Sateway 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 3 85 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) Inflll. 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 (ODOT). ODOT commented ".. .Generally, the applicant will have to apply for and obtain an approach road permit from ODOT for ANNX 04-02, ZC 04-02 & DR 04-18 Page 4 86 ~ 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 D. 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. 0-2. The goal is to clearly establish the intent of each proposed expansion of the City; to assess the proposal's conformance ANNX 04-02, ZC 04-02 & DR 04-18 Page 5 87 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. 1. Evidence proving a need for the proposed use and the other permitted uses within the proposed zoning designation. ANNX 04-02, ZC 04-02 & DR 04-18 Page 6 88 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 Woodbum 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 Comprehensive 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. Design 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 11. Religious, civic and social organizations. (813) FINDING: The applicant is proposing a church which is an outright ANNX 04-02, ze 04-02 & DR 04-18 Page 7 89 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. C. Setback and Buffer Improvement Standards. 1. Front Yard Setback and Setback Abutting a Street: ANNX 04-02, ZC 04-02 & DR 04-18 Page 8 90 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 9 91 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 anti-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 10 92 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 11 93 T 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 anti-grafflti 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 s-treet(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.. . ANNX 04-02, ZC 04-02 & DR 04-18 Page 12 94 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 otWay 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 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) ANNX 04-02. ZC 04-02 & DR 04-18 Page 13 95 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-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. 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 ANNX 04-02, ZC 04-02 & DR 04-18 Page 14 96 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. ANNX 04-02, ZC 04-02 & DR 04-18 Page 15 97 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 ODOr 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. (UNo 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, ANNX 04-02, ZC 04-02 & DR 04-18 Page 16 98 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 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. ANNX 04-02, ZC 04-02 & DR 04-18 Page 17 99 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 ANNX 04-02, ZC 04-02 & DR 04-18 Page 18 100 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. 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. ANNX 04-02, ZC 04-02 & DR 04-18 Page 19 101 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. ANNX 04-02, ZC 04-02 & DR 04-18 Page 20 102 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 WOO 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. ANNX 04-02, ZC 04-02 & DR 04-18 Page 21 103 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 ODC 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 Page 22 104 T 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. 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 proportions: a. RM, CO and CG zones: Landscaped area(s) equivalent to 20% of the paved surface area for off street parking and circulation. ANNX 04-02, ZC 04-02 & DR 04-18 Page 23 105 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 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. ANNX 04-02, ZC 04-02 & DR 04-18 Page 24 106 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 faCfade 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 faCfade offset laterally by a 15 foot structural protrusion and covered porch. The submitted building elevations show the northern faCfade 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. ANNX 04-02, ZC 04-02 & DR 04-18 Page 25 107 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. 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 fa~ade. 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 Page 26 108 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. 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: ANNX 04-02, ZC 04-02 & DR 04-18 Page 27 109 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 WOO 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 28 110 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, R1 S, 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 (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. 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 29 111 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 50 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 30 112 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. 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 public 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 31 113 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 WOO. FINDING: The compliance of the applicant's proposal with the applicable standards and guidelines of the WOO is discussed throughout this report. This approval criterion is met. VI. CONCLUSION: 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. . ANNX 04-02, ZC 04-02 & DR 04-18 Page 32 114 EXHIBIT liD" 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 "An (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. 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 33 115 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. SANITARY 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 34 116 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 35 117 ... ~~ ~ WOODBURN 1""f"D'td 18'9 ~d~lB . . January 3, 2006 TO: Honorable Mayor and City Council through City Administrator FROM: Randy Scott, Senior Engineering Technician through the Public Works Directo~ SUBJECT: Sixth Street Vacation. South of West Uncoln RECOMMENDATION: It is recommended that the City Council adopt the attached Ordinance vacating Sixth Street south of West Lincoln Street. BACKGROUND: The City Council directed staff to prepare an Ordinance for Council action vacating that portion of Sixth Street south of West Lincoln. The decision by the City Council was made after receiving input at the public hearing from the affected property owners, as required by law. DISCUSSION: The city council initiated vacation proceeding on February 28, 2005 by adopting Resolution 1785. a public hearing was held on April 25, 2005 on the question whether the Sixth Street right of way should be vacated. Upon conclusion of the public hearing the City Council considered the public testimony, the staff reports, the need for the proposed vacation and the public interest and directed staff to prepare an Ordinance for Council action vacating that portion of Sixth Street south of West Lincoln. The Council's decision was based on certain conditions. Each condition and the status of that condition is outlined as follows CONDITIONS OF VACATION 1. Oregon Child Development Coalition (OCDC), the property owner shall complete through the. City of Woodburn Community Development Department. a I consolidation for tax lots 4000,4100 City Attorney Finane Agenda Item Review: City Administrato 118 Honorable Mayor and City Council January 3, 2006 Page 2 . . and 4400. Until such time this process is completed, a temporary access easement shall be retained for the parcels of land that would be considered land locked with out such easement. Status: The lot consolidation is currently being processed through the Community Development Department. The approval is subject to the vacation being completed and the survey of record for the consolidation will reference the recording number of the Ordinance Vacating Sixth Street. 2. The existing public sanitary sewer main within the area to be vacated that serves OCDC property shall be rehabilitated for infiltration removal for continued use as a private line or it shall be abandoned. A standard manhole shall be constructed over the existing main at the south end at city maintained portion. An Easement shall be retained over the city maintained portion. A bond shall be provided to the city for this improvement prior to adoption of the Vacation Ordinance, the bond period will be for a maximum two years and in the amount of 120% of the improvement cost. Status: OCDC to secure this improvement has provided a performance bond. A public easement is being retained and which is described Section 2 of the Ordinance prepared for council action. 3. Agreements and or easements shall be provided to all franchised utilities for service arrangements, if needed. The OCDC shall relocate any utility in the vacated right-of-way, which may require relocation. This shall be provided prior to adoption of the Vacation Ordinance. status: No relocation of franchised utilities have been identified and a public easement is being retained as described in Section 2 of the Ordinance prepared for council action. 4. OCDC shall dedicate to the City of Woodburn a 25-foot wide strip of land along their frontage adjacent to West Hayes Street and a 7- foot wide strip of land along their frontage adjacent to Settlemier Avenue, the east line of which is 37 feet from centerline of Settlemier Avenue to a point 130 north from West Hayes. This shall 119 Honorable Mayor and City Council January 3, 2006 Page 3 . . be provided prior to adoption of the Vacation Ordinance or within 90 days from the closing date of the hearing, which ever is sooner. status: A properly signed warranty deed has been provided to the city dedicating the right of way to the city and has been separately provided for council action. 5. OCDC shall construct a standard curb and sidewalk section on West lincoln, now the unimproved portion of Sixth Street. This will include a 20 wide standard driveway approach to the Residence located at 722 West Lincoln. This will also be used for access for PGE, future maintenance, as they require. A bond shall be provided to the city for this improvement prior to adoption of the Vacation Ordinance, the bond period will be for a maximum two years and in the amount of 120% of the improvement cost. Status: OCDC to secure this improvement has provided a performance bond. 6. A public utility easement shall be retained over the existing right of way of Sixth Street, from West Lincoln Street, 40 foot wide by 85 foot in length. status: The public easement is being retained and described in Section 2 of the Ordinance prepared for council action. 7. A 24 foot wide shared private access easement shall be retained, 12 feet each side of existing centerline, from West Lincoln Street, 85 feet in length. status: The private access easement is being retained and described in Section 3 of the Ordinance prepared for Council action. The conditions of approval as outlined for the vacation have been either completed or secured by a performance bond. therefore staff is recommending the Ordinance be adopted. FINANCIAL IMPACT: The Street Vacation Service Fee of $569.00 paid by OCDC is being used to fund the process. 120 COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE V ACTING THAT PORTION OF SIXTH STREET SOUTH OF WEST LINCOLN. WHEREAS, The City Council initiated the vacation proceedings of this portion of Sixth Street on February 28,2005; and WHEREAS, Resolution No. 1785 fixed the time, place and dated of a public hearing to hear the question on whether that certain portion of Sixth Street should be vacated; and WHEREAS, The City Council on April 25, 2005 held the public hearing on the question of vacation; and WHEREAS, the City Council has considered the public testimony, the staffreports, the need for the proposed vacation and the public interest herein; and WHEREAS, the conditions vacation established by the Council have been complied with; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: SECTION 1. The tract of real property subject to the vacation is legally described as follows: That portion of Sixth Street as shown on the plat of "Whitmans 2nd Addition to Woodburn", South of the Southerly line of West Lincoln Street, Located in the Southeast One-Quarter of the Southwest One-Quarter of Section 7, Township 5 South, Range 1 West, of the Willamette Meridian, City ofWoodb~ Marion County, Oregon. A diagram of above described area is attached to this Ordinance as Exhibit A and is incorporated herein. SECTION 2. The 40 Foot Wide Public Utility Easement retained over the area to be vacated is described as follows: A portion of 6th Street as shown on the plat of"Whitmans 2nd Addition to Woodburn", recorded January 17, 1908, Marion County Survey Records, located in the Southeast One-Quarter of the Southwest One-Quarter of Section 7, Township 5 South, Range I West, of the Willamette Meridian, City of Woodb~ Marion County, Oregon, being more particularly described as follows: PAGE 1- COUNCIL BILL NO. ORDINANCE NO. 121 Beginning at the most easterly comer of Lot 8, Block 5, "Whitmans 2nd Addition to Woodburn", Thence S 410 23' 41" W, along the southeasterly lines of Lots 8 and 9, Block 5, "Whitmans 2nd Addition to Woodburn", 85.57 feet to a point from which a 5/8 inch iron rod with yellow plastic cap inscribed "DLT & Assoc. Inc." set at the most easterly comer of said Lot 9 per survey number 029907, Marion County Survey Records, bears N 41023' 41" E 35.57 feet: Thence leaving the southeasterly line of said Lot 9, S 480 39' 15" E 40.00 feet to a 5/8" inch iron rod with yellow plastic cap inscribed "DLT & Assoc. Inc." in the northwesterly line of Lot 7, Block 4, "Whitmans 2nd Addition to Woodburn", per said survey number 029907; Thence N 410 23' 41" E along the northwesterly lines of Lots 7 and 8, Block 4, "Whitmans 2nd Addition to Woodburn", 85.57 feet to the most northerly comer of said Lot 8, Block 4, "Whitmans 2nd Addition to Woodburn"; Thence N 48039'15" W 40.00 feet to the Point of8eginning. Containing 3,432 square feet more or less. This legal description and the basis of bearings thereof, is based upon survey number 029907, Marion County Survey Records, and a proposed property line adjustment survey by Reppeto & Associates, Inc. (Job No. 01002) for the Oregon Child Development Coalition, Inc. A diagram of above described area is attached to this Ordinance as Exhibit B and is incorporated herein. SECTION 3. The 24 Foot Wide Private Access Easement described below is to benefit certain property described in Deed Reel 1898 Page 143, Deed Reel 1658, Page 306 and Deed Reel 2399 Page 205, Marion County Deed Records is described as follows; A portion of 6th Street as shown on the plat of "Whitmans 2nd Addition to Woodburn", recorded January 17, 1908, Marlon County Survey Records, located in the Southeast One-Quarter of the Southwest One-Quarter of Section 7, Township 5 South, Range 1 West, of the Willamette Meridi~ City of Wood bum, Marion County, Oregon, being more particularly described as follows: Beginning at a point on the southeasterly extension of the northeasterly line of Lot 8, Block 5, "Whitmans 2nd Addition to Woodburn", from which the most easterly comer of said Lot 8 bears N 480 39' IS" W 8.00 feet as measured along said southeasterly extension; Thence S 410 23' 41" W, parallel with the southeasterly lines of Lots 8 and 9, Block 5, "Whitmans 2nd Addition to Woodburn" 85.57 feet to a point from which a 5/8 inch iron PAGE 2- COUNCIL BILL NO. ORDINANCE NO. 122 rod with yellow plastic cap inscribed "DL T & Assoc. Inc." in the northwesterly line of Lot 7, Block 4, "Whitrnans 2nd Addition to Woodburn", per survey number 029907, Marion County Survey Records, bears S 480 39' 15" E 32.00 feet; Thence S 4SO 39' 15" E 24.00 feet to a point from which said a 5/8 inch iron rod with yellow plastic cap inscribed "DLT & Assoc. Inc." in the northwesterly line of Lot 7, Block 4, "Whitmans 2nd Addition to Woodburn", per said survey number 029907, bears S 480 39' 15" E 8.00 feet; Thence N 410 23' 41" E parallel with the northwesterly lines of Lots 7 and 8, Block 4, "Whitrnans 2nd Addition to Woodburn" 85.57 feet to a point on the southeasterly extension of the northeasterly line of Lot 8, Block 5, "Whitrnans 2nd Addition to Woodburn", from which the most northerly comer of Lot 8, Block 4, "Whitmans 2nd Addition to Woodburn" bears S 4SO 39' 15" E 8.00 feet as measured along said southeasterly extension; Thence N 4SO 39' 15" W along said southeasterly extension, 24.00 feet to the Point of BeginniDg. Containing 2,054 square feet more or less. This legal description and the basis of bearings thereof, is based upon survey number 029907, Marion County Survey Records, and a proposed property line adjustment survey by Reppeto & Associates, Inc. (Job No. 01(02) for the Oregon Child Development Coalition, Inc. A diagram of above described area is attached to this Ordinance as Exhibit C and is incorporated herein. SECTION 4. The future maintenance of private access easement as described in section 3, shall be shared equally from those properties benefiting from said private access easement. SECTION 5. The Council fmds the question on whether that portion of Sixth Street south on West Lincoln conforms to the requirements ofORS 271.130. No oral objections were made at the public hearing and no written objections have been filed with the city for the vacation of Sixth Street as described in Section 1. SECTION 6. The Council finds that the portion of Sixth Street as described in Section 1 should be vacated. SECTION 7. Pursuant to ORS 271.150, a certified copy of this ordinance shall be filed with the Marion County Clerk. PAGE 3- COUNCIL BILL NO. ORDINANCE NO. 123 Approved as to form~'l).'yYa- ~ City Attorney Approved: 61 \ 0 <, I ZOO (:) Date Kathryn Figley, Mayor Passed by Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder Attest: Mary Tennant, City Recorder City of Woodburn, Oregon PAGE 4- COUNCIL BILL NO. ORDINANCE NO. 124 .,. (\ ~ ~ WOODBURN ~ ~llC t",a'por4Jtltt 16&'1 . . December 30, 2005 TO: Mayor and City Council through City Administrator FROM: Mary Tennant. City Recorder ,t;~ SUBJECT: Minimum Wage Increase RECOMMENDATION: Council adopt the accompanying Council Bill which provides for an increase in the hourly rate to meet minimum wage law requirements plus pay range/step adjustments for related positions to maintain equity compensation between classifications. BACKGROUND: Under the current State minimum wage law. the Bureau of Labor & Industries Commissioner calculates the Cost of Living Adjustment (COLA) in September based on the U.S. City Average Consumer Price Index (CPI All Urban Consumers for All Items) with hourly rate increases. if any, to be implemented on January 1 sf of the following year. Effective January 1. 2006. Oregon I s minimum wage will increase from $7.25 per hour to $7.50 per hour based on an inflation rate of 3.4%. DISCUSSION: The city has an hourly rate schedule for Park and Recreation employees (Exhibit A of Council Bill) with the first pay range level beginning with the hourly minimum wage rate followed by 5% adjustments between steps. Under the City's Personnel Policy manual, part-time employees are eligible for merit increases following the completion of 1,040 hours within each step which will take majority of part-time employees more than 1 year to be eligible for a step adjustment since 1.040 hours is equivalent to an employee working 20 hours per week during the calendar year. This schedule also provides for 5% increases between pay range levels to compensate employees who have greater responsibilities and/or lead worker responsibilities over other employees. Agenda Item Review: City Administrat City Attorney Financ~ 125 Mayor and City Council December 30, 2005 Page 2 . . On November 14, 2005, the City Council adopted Resolution 1815 which increased the hourly rates for Part-time and Limited Term positions other than recreation program employees, except for the positions of Library Page, Clerical Aide and Park: Maintenance Aide (Exhibit B: Range PT-1.0 of attached Council Bill). These part-time positions are considered as entry-level positions and did not receive an adjustment under Resolution 1815. The proposed Council Bill will increase the hourly rate for these positions in order to meet minimum wage law requirements, however, all other positions on this schedule will remain at the same rate of pay that was adopted under Resolution 1815. FINANCIAL IMPACT: The total estimated financial impact for fiscal year 2005-06 is $ 8,638 ($7,396 in wages and $1,242 in benefits) whereas annually, based on current year budget projections of part-time hours, the financial impact is estimated at $17,276.00 ($14,792.00 in wages and $2.484.00 in benefits). All of the positions affected by this hourly rate increase are included in the General Fund budgets for Library and Park and Recreation programs. 126 COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION ESTABLISHING THE COMPENSATION SCHEDULE FOR CERT AIN HOURLY AND SEASONAL EMPLOYEES. WHEREAS, the City Council is obligated per Section 11 of the Woodburn City Charter to establish compensation for each City officer and employee; and WHEREAS, the minimum wage paid to employees effective January 1 of each year is established by the State of Oregon; and WHEREAS, the City Council recognizes the need to adopt a hourly rate schedule to maintain compliance with State law and maintain proper equity compensation between classifications; now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The hourly rate schedule for Park & Recreation Program part-time / seasonal employees (Exhibit A), and the hourly rate schedule for Part-Time and Limited Term / Temporary employees (Exhibit B) is hereby adopted effective January 1, 2006, a copy of the exhibits are attached for reference. L _ / Approved as to Formm.Yr:t ~ () I 0 ~ 20u 6 City Attorney Dale . APPROVED Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page I - COUNCIL BILL NO. RESOLUTION NO. 127 "T Exhibit" A" PARK & RECREATION PROGRAM PART-TIME I SEASONAL EMPLOYEES Effective January 1,2006 CLASSIFICATION STEP A STEP B STEP C STEP D STEP E PS-l Cashier 7.50 7.88 8.27 8.68 9.12 Lifeguard Recreation Aide Office Assistant Water Safety Instructor Aide PS-2 Head Lifeguard 7.88 8.27 8.68 9.12 9.58 Recreation Leader Fitness Instructor PS-3 Aquatics Center Clerk 8.27 Water Safety Instructor Recreation Assistant 8.68 9.12 9.58 10.06 PS-4 Recreation Program Mgr. 8.68 9.12 9.58 10.06 10.57 PS-S 9.12 Special Recreation Pgrm Mgr 9.58 10.06 10.57 11.10 PS-6 9.58 Special Projects Manager Aquatics Prgm Mgr Lifeguard Supervisor 10.06 10.57 11.10 11.66 128 ~ Exhibit "8" HOURLY RATES FOR PART-TIME AND LIMITED TERM I TEMPORARY EMPLOYEES EFFECTIVE JANUARY 1, 2006 RANGE STEP A STEP 8 STEP C STEP D STEP E PT - 1.0 LIBRARY PAGE 7.50 7.88 8.27 8.68 9.12 CLERICAL AIDE PARK MAINT. AIDE PT - 4.0 PARK MAl NT. WORKER 8.02 8.42 8.84 9.28 9.75 PT - 7.0 CLERK I 9.71 10.20 10.71 11.25 11.81 PT - 7.5 CUSTODIAN 9.95 10.45 10.97 11.52 12.10 PT - 8.0 LIBRARY ASSISTANT 10.20 10.71 11.25 11.81 12.40 PT - 8.5 CLERK II 10.45 10.97 11.52 12.10 12.71 PT - 9.0 MUNI COURT CLERK 10.71 11.25 11.81 12.40 13.02 PT - 9.5 MUNI COURT CLERK (w/Lang) 10.97 11.52 12.10 12.71 13.35 PT - 10.0 RSVP ASSISTANT 11.25 11.81 12.40 13.02 13.67 PT - 10.5 CLERK III 11.52 12.10 12.71 13.35 14.02 PT - 11.0 BUS DRIVER 11.81 12.40 13.02 13.67 14.35 PT - 11.5 12.10 12.71 13.35 14.02 14.72 PT-12.0 ADMN SECRETARY 12.40 13.02 13.67 14.35 15.07 PT - 12.5 12.71 13.35 14.02 14.72 15.46 PT-13.0 EVIDENCE TECH. 13.02 13.67 14.35 15.07 15.82 WWTP LAB HELPER PT-13.5 LIBRARIAN 13.35 14.02 14.72 15.46 16.23 PLANNING TECH. PT - 14.0 UTILITY WKR I 13.67 14.35 15.07 15.82 16.61 PERMIT SPECIALIST PT - 14.5 14.02 14.72 15.46 16.23 17.04 PT-15.0 ENG TECH II 14.35 15.07 15.82 16.61 17.44 DRAFTSMAN CAD / GIS TECHNICIAN PT -15.5 WWTP OPERA TOR I 14.72 15.46 16.23 17.04 17.89 CODE ENFRC OFFICER 129 ~ ,.. ,., ... ... ...ur _' ..~ Wo Q.D BURN f,,(orpor.t,iI 188'1 ~ ~llD . . January 5, 2006 FROM: Mayor and City Council through City Administrator _:-> D. Randall Westrick, Recreation and Parks Director ~ TO: SUBJECT: Resolution Initiating Consideration of Mill Creek Greenway Adoption RECOMMENDATION: Approve the attached resolution initiating consideration of Mill Creek Greenway Adoption. BACKGROUND: The 1999 Comprehensive Plan Update Policies 5 & 6 state that the City will acquire, develop and operate the Mill Creek corridor as greenways that include multiple functions including: open space and habitat preservation; flood control; cycling and walking on all-weather pathways; nature recreation and education and neighborhood park facilities. To provide more specific direction to implement these policies, the Recreation and Parks Department has developed the draft Mill Creek Greenway Master Plan. This planning process is the result of a consulting partnership with the National Park Service's Rivers, Trails and Conservation program and the Mill Creek Task Force. In December of 2003, Mayor Figley appointed the Mill Creek Greenway Task Force. This group was made up of various local individuals with interests in the management and development of the Greenway. The Task Force included Greenway neighbors, educators, scientists, land managers, City representatives and others with interests in the corridor. In the course of developing the plan, the Task Force conducted a site inventory, implemented a community survey, organized public design workshops and reviewed work product. The Task Force, Recreation and Parks Department staff and National Park Service consultant have received significant support from various City Departments including the Public Works, Community Development Administration and Police Departments. Staff from these departments provided valuable technical advice as well as review of the final document to assure that Agenda Item Review: City Administrat City Attorney Finane 130 Mayor and City Council January 5, 2006 Page 2 . . the master plan is in concert with other City plans such as the Comprehensive Plan, Transportation System Plan and Storm Water Management Plan. The Police Department offered valuable advice on security, especially within the Greenway where the trail route nears the new Police Facility. In June, the Recreation and Parks Board reviewed the Greenway Master Plan and unanimously voted to recommend approval to the City Council. The Master Plan defines five "regional" planning units that include North, Central and South along Mill Creek as well as the Southwest Tributary and Goose Creek Tributary. The primary facility throughout the trail system is a paved "spine" trail. This trail is proposed as eight to 12 feet in width, paved with painted white "fog" lines on the right and left. Trail amenities proposed along the route include benches, directional signs, historic and natural interpretation areas and trailheads. The Greenway has great potential to provide off-road and non-motorized transportation to many destinations in Woodburn. Trails will connect residential neighborhoods with each community park, the Downtown core, schools including Woodburn High School, the Valor/Heritage campus, the French Prairie/Lincoln campus, Washington Elementary School and the Woodburn campus of Chemeketa Community College. DISCUSSION: At the October 24, 2005 City Council meeting, Recreation and Parks Department staff and National Park Service Consulting staff presented to the City Council, the final draft of the Mill Creek Greenway Master Plan. Following the Council's review of the draft plan, acting Community Development Director Naomi Zwerdling, City Attorney Robert Shields and I conferred to determine the most appropriate method to adopt the Plan. As a result of this meeting, staff concurs that the Plan ought to be adopted as a legislative amendment to the City's Comprehensive Plan. Based on the City Council's comments at October 24, 2005 meeting and to begin the legislative amendment process, staff is recommending that the City Council approve the attached resolution. The resolution also refers the proposed Plan to the Planning Commission for recommendation to the City Council. 131 Mayor and City Council January 5, 2006 Page 3 . . FINANCIAL IMP ACT: The plan proposes a six-year capital improvement plan that totals $159,750. Further analysis of costs to completely construct the facilities proposed in the plan will take place when the Parks and Recreation Comprehensive Plan is updated later this year. Funding for these projects is available through a variety of grant sources that includes the State's Recreational Trails Program, Local Government Grant Program and the Federal Land and Water Conservation Fund. Funding for environmental enhancement projects proposed within the plan is also available through a variety of public and private grant sources including agencies such as the Department of Fish and Wildlife and Oregon Water Resources Board. AUachments: Resolution Initiating Proposed Amendments (Proposed plan provided in October 24, 2006 packet) 132 . COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION INITIATING CONSIDERATION OF THE MILL CREEK GREENW A Y MASTER PLAN. WHEREAS, city staff of the City of Woodburn has prepared the Mill Creek Greenway Master Plan at the direction of the Woodburn City Council; and WHEREAS, the Greenway Task Force appointed by the Mayor of the City of Woodburn and the Recreation and Parks Board have reviewed the draft Master Plan; and WHEREAS, Section 4.101.17 of the Woodburn Development Ordinance requires the City Council to initiate a legislative amendment by resolution; NOW THEREFORE: THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Pursuant to Woodburn Development Ordinance Section 4.10 1.17, consideration of the Mill Creek Master Plan is initiated and referred to the Planning Commission for recommendation to the City Council. Approved as to Form:~. JV()- ~ City Attorney or /0 r;;/ Zoo ~ / Date APPROVED KATHRYN FIGLEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST Mary Tennant, City Recorder Page 1 - COUNCIL BILL NO. RESOLUTION NO. 133 .,. ~ WOODBURN lHco"oraltd 1889 ~dlenvllE . . January 4, 2006 TO: Mayor and City Council through City Administrator SUBJECT: Randy Scott, Senior Engineer Technician, Through the Public Works l12I Director ~. ~ Acceptance of Public Rights of Way FROM: RECOMMENDATION: It is being recommended that the City Council accept the attached Public Rights of Way as described on Attachment "A". BACKGROUND: The seven-foot wide Public Right of Way adjacent to Settlemier Avenue and the twenty-five foot wide Right of Way adjacent to West Hayes Street is being conveyed to city by Oregon Child Development Coalition, Inc. (OCDC) as a condition of Sixth Street Vacation, Council decision made at the conclusion of the public hearing held on April 25, 2004. The subject property is located at 540 Settlemier Avenue. The existing rights of way on Settlemier and Hayes is 6Q-feet in width. This dedication will provide an additional 7-feet of width on Settlemier Avenue and an additional 25-feet in width on West Hayes Street adjacent to the subject site. DISCUSSION: The established condition in conjunction with the Sixth Street Vacation required that OCDC dedicate to the City of Woodburn a 25-foot wide strip of land along their frontage adjacent to West Hayes Street and a 7-foot wide strip of land along their frontage adjacent to Settlemier Avenue, the east line of which is 37 feet from centerline of Settlemier Avenue to a point 130 north from West Hayes. OCDC has elected to dedicate the 7 -foot strip adjacent to Settlemier the full length of their fronting property, 357 lineal feet rather then the 130 lineal feet as required in the condition. OCDC is currently processing a land use application on the subject property through the Community Development Department, 0 e Agenda Item Review: City Administrat City Attorney Finane 134 Mayor and City Council January 4, 2006 Page 2 . . of the anticipated conditions of approval with the application is that the applicant dedicate additional right of way adjacent to Settlemier to comply with the Woodburn Transportation Plan requirements. OCDC has elected to provide that dedication at this time to comply with the anticipated condition. FINANCIAL IMPACT: There is no financial impact with the recommended action Included as Attachment "A" is the properly signed Right of way Dedication and map 135 T ATTACHMENT 'A" WARRANTY DEED GRANTOR. Oregon Child Development Coalition, Inc. conveys and warrants to GRANTEE, CITY OF WOODBURN, a municipal corporation of the State of Oregon, the hereinafter described real property, free of encumbrances except as specifically set forth herein, situated in Marion County, Oregon. Consideration: The true and actual consideration for this transfer is $0.00. Tax Statements: Until a change is requested, all tax statements shall be sent to the following address: City of Woodburn, 270 Montgomery Street. Woodburn, OR 97071. Person authorized to receive the instrument after recording: Mary Tennant, City Recorder, 270 Montgomery Street, Woodburn, OR 97071. The real property conveyed by this deed is legally described as follows: See attached Exhibit "A" Legal Description of Permanent Easement and attached Exhibit "B" Sketch of Legal Description which are by this reference incorporated herein THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIA TE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. Warranty Deed Page 1 of 5 136 DATED this d \ t day of A}OU{m hi l , . 200~ Oregon Child Development Coalition, Inc. BY: ~v~ ~~ Donalda Dodson, Executive Director CORPORATE ACKNOWLEDGEMENT STATE OF OREGON, County Of~) ss. The foregoing instrument was acknowledged before me this L day of ~ 'ta' r 200S- by Donalda Dodson, as Executive Director of the Oregon Child Development Coalition, a corporation and the foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. ....~- ...... /fI'~' ., (~. . ~ ~""IC-QMGON i. ga-- .. alUIO. 3P.049 b...... ~~' , fii*^- g-tkto o ARY PUBLIC FOR OREGON My Commission Expires: (f~.\obz.( 2~q PERSONALACKNO~EDGEMENT STATE OF OREGON, County of ) ss. The foregoing instrument was acknowledged before me this day of ,20_ by _____. NOTARY PUBLIC FOR OREGON My Commission Expires: Warranty Deed Page 2 of 5 \137 T City of Woodburn 270 Montgomery 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 . . Warranty Deed Page 3 of 5 1138 Exhibit "A" ~~ LEGAL DESCRIPTION Proposed RIght-of-Way Dedication October 3 I, 2005 I "11.1 lL' !" lIolll 1\'lL'r',\)ll l{i~ItL'llis IIH". A portion of that tnlct of land as described by Special Warranty [Xed to Oregon Child Development Coalition, Inc.. recorded February 4,2002 as Deed Reel 1898 Page 143. Marion County Deed Records, also being a portion of Lots 1.2, and 3, Block 5, "Whitmans 2.... Addition to Woodbum", recorded January 17. 1908, Marion County Survey Records, located in the Southeast One-Quarter of the Southwest One-Quarter of Section 7, Township 5 South, Range 1 West, of the Willamelte Mcridian, City of Woodburn, Morion County. Oregon, being more particularly described as follows: Beginning at a 5/8 inch iron rod with yellow plastic enp inscribed "DL,. & Assoc. Inc." at the Intersection of the northerly right-of-way line of West Hayes Street and the easterly right-of.way line of North Settlemier A venue; Thence N 130 IS'OO"E along the easterly right-of.way line of said North Scttlcmicr Avenue. 353.70 feet to the north line of Lot 3, Block 5, "Whitmans 2.... Addition to Woodburn", from which a 5/8 inch iron rod bears S 1)0 I 8'OO"W 0.10'; Thence leaving said easterly right-of.way line S48038'20"E, along the north line of said Lot 3, 7.93 feet to a point 7.00 fect easterly as measured at right angles to the said easterly right-of-way line of North Settlemier A venue; TIlenee SI30IS'OO"W, parallel wlth the said easterly right-of.way line of North Selllemier Avenue, 325.38 feet to a point 25.00 feet northerly as measured at right angles to the northerly right-of-way line of West Hayes Street; Thence S4so45'00"E, parallel with the said northerly right-of.way line of West Hayes Street, 56.39 lect to the most southerly and easterly line of said Deed Reel 1898 Page 143; Thence S4IOI5'00"W, along the said most southerly and easterly line of said Deed Reel 1898 Page 143, 25.00 feet to the northerly right-of-way line of West Hayes Street, from which a 5/8 inch iron rod with yellow plastic cap inscribed "'DL T &. Assoc. Inc." bears N4804S'OO"W 1.00 feet; 111enc:e N4804S'OO"W, along the said northerly right-of-way line of West Hayes Street, 51.05 feet to the Polnc of Beginning. Containing ).720 square feet more or less. This legal description and the busi. ofbearingllthereof, is based upon survey number 029907, Marion County Survey Records, and I proposed property line adjulltment survey hy Reppeto &. Associates, Inc (Job No. 01002). for the Oregon Child Development Coalition. Inc. ( " II I ~, '.; ,. ' I ". '.., I . J', .f, '1' I, " 1i' . I Warranty Deed Page 4 of 5 \ 139 ". Exhibit "B" "- 5/8" IRON ROD. BENT. HELD fOR LINE. BEARS ,,/ /' S 13'18'00" W. 0.10' PS 29,907 I ~ ~ .s ~ f5 - ~ r:! I- IX , 12 /0;, 1/2" IRON PIPE ..,.., HELD. BENT ;fl' /'~ PS 18.656 / .., LOT 3 1~O I p..~S I #\"\~O\"\\O~\)~~ ....... '" ~OOOe? "' I....... "\ 0 OC'f.. "' / ....... 'O\,.: "' " LOT 1? ....... DEED REEL 1898 PAGE 143 LEGEND . DENOTES fOUND MONUl.4ENTS AS SHOWN ON PROPOSED PROPERTY LINE ADJUSTMENT SURVEY BY REPETTO & ASSOC1A n:s, INC I" IRON PIPE DOWN 0.6' PS 11,092 , PROPOSED RIGHT-OF-WAY DEDICA nON 3,720 SQ.FT. :f: SCALE 1" - 20' "' "- ....... " LOT 2 3/4 IRON PIPE DOWN 0.4' PS 16,980 " 3/4- IRON PIPE / ./HELD. DOWN I.S' V PS 16,980 .t / ~ ~ I DEED REEL 1898 5/8" IRON ROO. ~ / PAGE 143 BENT, S. 0.15. W. ~ PS 29,907 5/8- IRON ROO WI TH YELLOW '-- PLASTIC CAP INSCRIBED "DLl ( & ASSOC. L T 1362" ~ ~~C~ IN ~EAD I HELD FOR 1.00 OFFSET AI ~ ~ 6,98\ S9'd'. N 48'45'00' w. PS 29.907 J' J')'- I .' s/'S' .~ ~ ,~.!'b. \).~ n' ,~. (' (C'~>./ ~~: ' .J ~s. POINT OF BEGINNING "os~~ 5/8" IRON ROD WITH YELLOW PLASTIC CAP INSCRIBEO "OL T & ASSOC '00 LT 1.362". HELO. PS 29.907 ~ 0.13 Harper Houf Peterson Righcllis Inc. (0/010/((". ~LAO/N(III. .VIIII/C:YO". 5200 SW MACA[)^,,' AVf.NUF.. SUITE ~1I0. 1'0 Im.MI/) , OR ~rt239 Tt:L SO:J. 221. 11.11 www hhpr.c/)In PAX SOJ 2?? 7799 3/4" IRON PIPE. BEARS S 055, E 0.64 UP 02, PS 16.980 Warranly Deed Page 5 or 5 140 ~.'..."'.....~ '.... . ~ WOODBURN I",orl'arolttd 18l'o} IlF ~~ . . January 3, 2006 FROM: Mayor and City Council through ny A.dministrator Ben Gillespie, Finance Director jyrtf Revision to Business Registration Ordinance TO: SUBJECT: RECOMMENDATION: Direct staff to prepare an ordinance reflecting the Council's discussion. BACKGROUND: Adoption of the Police Community Resource Team (CRT) relied in part on increased fees from Business Registration Fees. Increased Code Enforcement Activity was proposed as part of the CRT. Code Enforcement benefits the business community directly, establishing the nexus to Business Registration fees. To fully fund the CRT, revenue from Business Registration fees needed to be increased to $60,000. Staff surveyed 23 other Oregon cities to determine what business activities are included/excluded, what their rate structures are, and how their ordinances are administered. The best of those ideas were incorporated into Woodburn's proposed ordinance. As the survey and analysis was being done, staff was also scouring other records to identify any businesses that were not registered. Businesses that were registered were concerned that other businesses were avoiding the registration and the fees. Staff reviewed the yellow pages (multiple editions), a reverse directory, the Secretary of state's Division of Corporations register, the County Assessor's real property records, City water/sewer customer lists, and the Chamber of Commerce membership to determine unregistered businesses. Proposals were presented to the Budget Committee and the Chamber of Commerce, both of which had some concerns. Modifications were made for the budget committee and a review committee of Chamber members was established to finalize the changes to the ordinance. Staff met with representatives of the Chamber in December, and they endorsed the final changes. Agenda Item Review: City Administrato City Attorney Finance 141 Mayor and City Council January 3, 2006 Page 2 . . DISCUSSION: Several changes will be incorporated in the proposed ordinance: · Providing for Code Enforcement is added specifically as a purpose of the ordinance. · The exemption for businesses grossing less that $2,500 per year is eliminated. The provision proved almost impossible to enforce, and in most case activities that would qualify under this exemption will be exempted as garage sales. · The exemption for Home Occupations is eliminated. The business community pointed out that many home occupancies compete directly with store front businesses and receive an unfair advantage if they do not have to register and pay the fee. · A business opening a second or subsequent location is subject to a $20.00 annual fee per each additional location. · Persons operating two or more residential rental units must register. Under the current ordinance owners of a single rental unit must register. The new provision makes a distinction between those renting a single unit to supplement their income and those whose business is operating rental properties. · The revised fee schedule eliminates the application fee. The Chamber of Commerce suggested keeping the fees simple and agreed that annual fees set at the break even point would be preferred to a one-time application fee plus annual renewal fees. · Annual fees are set at $50 for storefront businesses and $25 for home occupancy businesses. The current fee is $35 per year. · The fee for transferring ownership is increased from $10 to $20. · A substantial change in the level of service provided by the Community Response Team will trigger a review of the Business Registration rates. FINANCIAL IMP ACT: Revenue from Business Registration fees is expected to increase from $20,000 to $60,000 per year. 142 T (-'\ ~, ~ Wo Q.D BuJiN IUCQryordt,J fSS9 13A A~'~ . . January 9, 2006 TO: Honorable Mayor and City Council through City Administrator FROM: Naomi Zwerdling, Interim Director of Community Development NZ SUBJECT: Community Development Director's Approval of Design Review 05- 09 located at 153 Grant Street 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 January 5th, 2006, the Woodburn Community Development Director approved the applicant's design review request to place an awning on the south building elevation located at 153 Grant Street. The subject property is further identified on Marion County Assessor Maps as Township 5 South, Range 1 West. Section 18AB, Tax Lot 2000. The subject property is zoned Downtown Development and Conservation (DDC) and designated Commercial on the Woodburn Comprehensive Plan Map. Surrounding properties to the north, south. east and west are zoned Downtown Development and Conservation (DDC) and designated Commercial on the Woodburn Comprehensive Plan Map. This commercial property is currently being used for retail purposes. The property owner and applicant is Mark Nyman. DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. 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UOfl8W.lOlUl SI81P8d S:l!IS!llIlS 8:)!1I0 141UOW 8:),eWWOO 10 'eqw840 u,nqpooM . . Workforce & Workforce Development · Management education ADDRESSING THE NEEDS OF BU SINESSES . Planning Services AND INDUSTRY; PLANTING THE SEEDS FOR · Supervisor training services A BETTER FUTURE. · Creating a trainable workforce This Access Summit is being · Education of employees and youth held to help business find . Services to improve business operations answers to business issues. It is also a first step in forging a · Services for business planning program for creating a trainable . On -si te and we b based emp I oyee ed ucation workforce. The Access Swnmit brings business and education together, tor the first time, to The Business Fair is to expose students to what create a partnership ofleaming tor students and adults. jobs are in our community. Panelists include: Agnes Balassa, Executive Director - Enterprise for Employment and Education (E3) & Oregon Gateway Esther Puentes, President - Interface Network, Ray Hoyt, Director - Customized & Workforce Training/Training & Economic Development Center (TED) Jimmie Wilkins, Director - Small Business Development Center (SBDC) Larry Cheyne, Youth Programs/College Credit Now! - Mid-Willamette Education Consortium John Kirk, President - Cascade Employers Association February 14,2006 Woodburn Armory Access Summit - 8 am until 12 noon Business Fair for Students - 1 pm until 4 pm Lunch will be provided for Summit attendees Call these numbers to RSVP or ..~~ more information Stacy Palmer, Executive Director Silverton Chamber of Commerce 503-873-5615 Nick Harville, Executive Director Woodburn Area Chamber of Commerce 503-982-8221 r I OPENING STATEMENT FOR LAND USE HEARINGS REQUIRED BY ORS CHAPTER 197 This is the time set for public hearing in Zoning Adjustment Case File No. 05-02 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 located at 120 Smith Drive. The applicant is Brian Henry and the property owner is David Emmenegger. 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: WOODBURN DEVELOPMENT ORDINANCE Section 2.102.06.C.2.9.2 Single Family Residential (RS) Section 5.102.03 Zoning Adjustment 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. 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. Page 1 - Opening Statement for Land Use Hearings T 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