Ord 2260 - Annex CC Rd/Boones F
COUNCIL BILL NO. 2034
ORDINANCE NO. 2260
AN ORDINANCE ANNEXING INTO THE CITY OF WOODBURN 3.32 ACRES OF
PROPERTY LOCATED SOUTH OF COUNTRY CLUB ROAD AND WEST OF
BOONES FERRY ROAD; AMENDING THE CITY OF WOODBURN
COMPREHENSIVE PLAN MAP FROM "RESIDENTIAL <12 UNITS/ACRE" TO
"RESIDENTIAL >12 UNITS/ACRE" FOR SAID PROPERTY AND AN ADJACENT 0.98
ACRE PARCEL CURRENTLY IN THE CITY OF WOODBURN; GRANTING A
CONDITIONAL ZONE CHANGE FROM MARION COUNTY "URBAN TRANSITION
FARM" (UTF) TO CITY OF WOODBURN "MULTIPLE FAMILY RESIDENTIAL"
(RM) FOR THE ANNEXED PROPERTY; GRANTING A CONDITIONAL ZONE
CHANGE FROM CITY OF WOODBURN "SINGLE F AMIL Y RESIDENTIAL" (RS) TO
CITY OF WOODBURN "MULTIPLE FAMILY RESIDENTIAL" (RM) FOR THE
ADJACENT 0,98 ACRES; APPROVING A SITE PLAN REVIEW APPLICATION; AND
A TT ACHING CERTAIN CONDITIONS THERETO.
WHEREAS, the applicants, Wally Gutzler and Anthony Kreitzberg, submitted the
following applications: Annexation 99-02, Comprehensive Plan Map Amendment 99-02, Zone
Map Amendment 99-06, and Site Plan Review 99-14; 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 Eugene R. Gascho Trust, Judith A.
Gascho Trust, Willis A. Byers, Rachel L. Byers, Rodney Lee Byers Trust, and Marcia Kathryn
Byers Trust, and is legally described in Attachment "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 Attachment "B" and is by this reference incorporated herein.
Section 3. That based upon the Findings in Support, which is affixed hereto as
Attachment "c" and is by this reference incorporated herein, the subject property is hereby
annexed to the City of Woodburn.
Page 1 - COUNCIL BILL NO. 2034
ORDINANCE NO. 2260
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Section 4. That the Woodburn Comprehensive Plan Map is hereby amended as to the
property described in Attachment "A" to this Ordinance from "Residential <12 units/acre" to
"residential> 12 units/acre" (includes both the 3.32 and 0.98 acres) based upon the Findings in
Support, which is affixed hereto as Attachment "C".
Section 5. That the Woodburn Zoning Map is hereby amended as to the property
described in Attachment "A" to this Ordinance from Marion County "Urban Transition Farm"
(for the 3.32 acres) and from "Single Family Residential" (for the 0.98 acres) to City of
Woodburn "Multiple Family Residential" (RM) based upon the Findings in Support, which is
affixed hereto as Attachment "C".
Section 6. That the zone change granted by Section 5 above shall be conditional
contingent upon completion ofthe approved development in compliance with the conditions of
approval contained in Attachment "D".
Section 7. That the site plan review application for said property is approved based upon
the Findings in Support, which is affixed hereto as Attachment "C".
Section 8, That the zone change and site plan review approval are subject to the
conditions contained in Attachment "D", which is affixed hereto and incorporated herein, which
the Council finds reasonable.
APprovedastoform~0-1- ~ =iJ'23'} ZoOO
City Attorney Date
Approved: ::-"RrJL~... ~
Richard Jennings, Ma r
Passed by the Council
March 27, 2000
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: fY/ti-V<1_~
Mary frnnant City Recorder
City of Woodburn, Oregon
March 29, 2000
March 29. 2000
March 29. 2000
Page 2 - COUNCIL BILL NO. 2034
ORDINANCE NO. 2260
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ATTACHMENT "A"
LEGAL DESCRIPTION FOR ANX 99-02, CPA 99-02, ZC 99-06, SPR 99-14
(Parcels 1, 11, 1lI, and IV consist of3.32 acres and constitute the property to be annexed) .
(Parcel V consists of 0.98 acres, is not a part ofthe annexation, but is part of the comprehensive
plan amendment, rone change, and site plan review)
PARCEL 1:
Beginning at a point which is South 870 44' 55" East 1035.90 feet along the South line
of Country Club Road and South 20 15' 05" West 266.74 feet from the Northeast
corner of Lot 14, Block 23, Woodburn Senior Estates No.2 and being in Section 7,
Township 5 South, Range 1 West of the WiIlamette Meridian, Marion County, Oregon;
thence South 870 22' 47" East 349.36 feet to a point on the West line of Boones Ferry
Road; thence North 150 45' 05" East along said West line 102.82 feet to the Southeast
corner of the Pacific Northwest Bell tract as recorded in Volume 640, Page 017,
Marion County Deed Records; thence North 87" 43' 46" West 200.01 feet along the
South line of said Bell Tract to the Southwest corner thereof; thence North 150 45' 35"
East 173.75 feet along the West line of said Bell Tract to the Northwest Comer thereof;
thence North 870 44' 55" West 213.92 feet along the South line of Country Club Road;
thence South 20 15' 5" West 266.74 feet to the place of beginning.
SAVE AND EXCEPT the Easterly 4 feet along Boones Ferry Road dedicated to
Marion County for roadway purposes, as described in Warranty Deed, dated May 8,
1986, and recorded May 23, 1986, in Reel 464, Page 70, Microfilm Records, Marion
County, Oregon.
SAVE AND EXCEPT all minerals and mineral rights more particularly described as,
but not limited to the following:
All minerals, coal, carbons, hydrocarbons, oil, gas, chemical elements and compounds
whether in solid, liquid or gaseous form, and all steam and other forms of thermal
energy on, in or under the above-described land.
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LEGAL DESCRIPTION OF PROPERTY:
PARCEL II:
Beginning at the Southeast corner of Lot 1, Elmendorf Acres,
thence North 860 59' West along the South line of said lot, 348.50
feet, thence North 30 01' East at right angles to the South line
of said Lot, 120.00 feet; thence South 860 59' East parallel with
the South line of said Lot, 376.43 feet to the East line thereof;
thence South 160 07' West along the East line of said Lot, 123.24
feet to the place of beginning.
PARCEL III:
Beginning at a point in the North line of the B.F. Hall Donation
L&nd Claim Township 5 South, Range land 2 West of the Willamette
Meridian, Marion County, Oregon, at the intersection of said North
line with the center line of Boon's Ferry Road; thence South 130
27' West along said center line 120.00 feet; thence North 870 25'
West, parallel with the North line of said Donation Land Claim,
300.00 feet; thence North 130 27' East, parallel with the center
line of said road, 120.00 feet to the North line of said Donation
Land Claim; thence South 870 25' East along said North line 300.00
feet to the place of beginning.
PARCEL IV:
Beginning at an iron pipe in the North line of the B.F. Hall
Donation Land Claim No. 51, in Section 7, Township 5 South, Range
1 West of the Willamette Meridian in Marion County, Oregon, which
is 2365.59 feet South 870 25' East from the .Northwest corner of
said Claim No. 51; thence South 20 33' 09" West 117.88 feet to an
iron rod; thence South 870 24' 53" East, parallel with the North
line of said Cla~ No. 51, 57.06 feet to the Southwest corner of
the Eugene Gascho, et aI, tract described in Reel 185, Page 0254,
Marion County Deed Records; thence North 130 23' 00" East,
para11~1 with Boones Ferry Road, 120.00 feet to the Northwest
corner of said Gascho tract; thence North 870 24' 53" West 79.61
feet to the place of beginning.
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1212719914:39
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LEGAL DESCRIPTION OF PROPERTY:
PARCEL V:
Beginning at a point which is South 020 30' 44" West 117.87 feet
from the most Southeasterly corner of that parcel described in
Reel 205, Page 1954, Marion County Deed Records, Marion County,
Oregon; thence South 020 30' 44" West 115.00 feet; thence South
870 22' 12" East 148.00 feet; thence South 020 37' 48" West 12.00
feet; thence South 870 22' 12" East 28.00 feet; thence North 020
37' 48" East 12.00 feet; thence South 870 22' 12" East 128.23 feet
to the West right of way line of Boones Ferry Road; thence'North
130 24' 59" East along said West right of way line 117.07 feet;
thence North 870 22' 12" West 326.37 feet to the place of
beginning.
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ATTACHMENT "B"
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ATTACHMENT "C"
FINDINGS IN SUPPORT
ANNEXATION 99-02, COMPREHENSIVE PLAN MAP AMENDMENT 99-02, ZONE
MAP AMENDMENT 99-06, AND SITE PLAN REVIEW 99-14
I. BACKGROUND:
The original application was heard by the Planning Commission at public hearings
on September 23,1999 and October 14,1999. The original application was similar
to the revised proposal except that it required approval of variances to the lot
coverage and lot area requirements in the RM zone and consisted of a 12 unit
Alzheimer Facility, a 60 unit assisted living facility, and a 110 unit retirement facility.
The Planning Commission, at their meeting of October 28, 1999, adopted a final
order recommending the City Council approve the proposed annexation but deny
the proposed comprehensive plan amendment, zone change, site plan review and
variances.
The original proposal was scheduled for a public hearing before the City Council on
November 22,1999. However, the applicants submitted a letter on November 17,
1999 stating that they had made substantial revisions to the proposed site plan in
response to comments made by the Planning Commission and adjacent neighbors.
The applicants requested that the City Council continue the hearing to a date
certain and that the revised proposal be remanded to the Planning Commission for
their review and recommendation prior to the Council holding a hearing on the
matter.
The Council decided to continue their hearing to February 28, 2000 and remanded
the revised proposal to the Planning Commission for their review and
recommendation pertaining to the revised proposal for annexation, comprehensive
plan amendment, zone change and site plan review.
II, RELEVANT FACTS:
The revised proposal includes the elimination of Building 3 (110 suite retirement
facility) and expands Building 2 (60 suite assisted living facility) to accommodate 90
suites. This results in an overall reduction of suites from 182 (includes Building 1-12
suite Alzheimer facility) to 102 suites. This reduction in suites eliminates the need
for the two variances required with the original proposal.
The site plan indicates that Building 2 will initially consist of 70 suites with a 20 suite
addition to be constructed later as phase 2. The applicant requests approval of
phase 2 in conjunction with this proposal. This staff report assumes that phase 2
is a part of this proposal.
Findings in Support
1
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Land area: Approximately 4.3 acres (3.32 acres outside city and .98 acres within
city).
The applicant's site is adjacent to the City Limits, south of Country Club and east
of Boones Ferry Road. The property is identified specifically as Tax Lots #400
(within city limits) and Tax lots 200,300,900, and 1000 (outside city limits), in NW
1/4, T5S, R1W, Section 7.
The subject property is designated for residential development < 12 units per acre
on the Woodburn Comprehensive Plan. The majority of the property (tax lots 200,
300, 900, and 1000) is currently zoned "Urban Transition Farm" (UTF) by Marion
County. The UTF zone is applied to land outside of the city, within the Urban
Growth Boundary (UGB), to ensure that it remains undeveloped until annexation to
the city for development at urban densities. Tax lot 400, within the city limits is
zoned Single-Family Residential (RS).
Because the site is surrounded by development within the city, public facilities are
readily available to the site.
General description of the area:
a) Slopes - generally level
b) Vegetation - field with some trees
c) Drainage - generally sheet flow with no delineated channels
d) Flood area - there are no flood plains within the immediate area
e) Utilities - This development is proposing to relocate an east-west
sanitary sewer line and easement within the site (refer to Site Plan -
Exhibit D in application). Sewer, water and other utilities exist in the
adjacent streets
Existing Land Use
1. No. single family units ~
2. No. multiple family units Q
3. Commercial Q Industrial Q Public Uses Q
4. Open space Q
5. Pole barns 2
Schools: The nearest school facilities are Lincoln Elementary and French Prairie
Middle Schools located about 600 feet to the south of the site. Because of the
nature of the development - housing for aged persons - there will be no school-aged
children.
Park and Recreation Facilities: The applicant is proposing walkways, benches, and
substantial landscaping to create a park-like setting on the site.
No topographical or environmental constraints have been identified on the subject
property .
Findings in Support
2
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III. RELEVANT APPROVAL CRITERIA:
A. Woodburn Comprehensive Plan:
Chapter IX. Goals and Policies:
A. Residential Land Development Policies
D. Annexation Policies
G. Housing Goals and Policies
H. Public Services Goals and Policies
M. Growth and Urbanization Policies
S. Woodburn Zoning Ordinance:
Chapter 8 General Standards
Chapter 9 Residential Standards
Chapter 10 Off Street Parking, Loading and Driveway Standards
Chapter 11 Site Plan Review
Chapter 15 Zone Change Procedure
Chapter 16 Comprehensive Plan Amendment Procedure
Chapter 26 Multiple Family Residential District
Chapter 39 Mandatory Parkland Dedication or Cash-in-lieu-of
C. Woodburn Landscaping Standards
D. Woodburn Sign Ordinance
E. Woodburn Transportation System Plan
F. Woodburn Access Management Ordinance
IV. FINDINGS:
A. Woodburn Comprehensive Plan - Chapter IX. Goals and Policies:
Residential Land Development Policies (IX-A):
A-1 Residential areas should be designed around a neighborhood,
Neighborhoods should be an identifiable unit bounded by arterial
non-residential uses, or natural features of the terrain. The
neighborhood should have a community facility, such as a
school, park, or privately owned community facility to allow for
interaction within the neighborhood.
FINDING: The proposed facility will not create a neighborhood but will
become part of the existing and developing neighborhood in the area.
The proposed use will be compatible with surrounding existing
developments that are also south of Country Club Road and west of
Soones Ferry Road. These developments include single family
dwellings, a US West communications facility, a church, and
apartments. All of these uses are part of the neighborhood and the
Findings in Support
3
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proposed use will be consistent with this neighborhood.
To ensure that the zone change to RM will not allow for multiple family
development other than the proposed project, the zone change shall
be conditional upon completion of the approved site plan in
compliance with the conditions of approval. In the event that the
project is not completed in compliance with this approval, the zoning
will revert back to RS. However, the Comprehensive Plan designation
would remain Residential >12 units per acre. But, future development
would be subject to the RS zone regulations unless a zone change
were approved.
The applicant is proposing no specific community facility but the
development provides substantial open space and walkways to
encourage interaction and the neighborhood includes schools
(Lincoln Elementary and French Prairie Middle). The proposal
complies with this policy.
A-2 Living Environment - Developments in residential area be
constructed in such a way that they will not seriously deteriorate
over time. Zoning ordinances should be strictly enforced to
prevent encroachment of degrading non-residential uses.
Construction standards in the state Building Code shall be
vigorously enforced, and if necessary, additional standards the
City determines should be imposed to insure non-degrading
housing units, should be encouraged by the City.
FINDING: The proposed development is designed and will be
developed in full conformance with the City of Woodburn Zoning
Ordinance and all other applicable ordinances. The City's preliminary
and final reviews of the proposed development will help to secure
code compliance. Additionally, the City of Woodburn's building permit
process will assure that the buildings built within this development are
established in compliance with applicable City standards and the state
of Oregon Building codes. These factors combined will ensure that
the proposed development is a quality living environment, and that the
development will not seriously deteriorate over time. The proposal
complies with this policy.
A-3 Development should promote, through the use of moderate
density standards and creative design, a feeling of openness and
spaciousness with sufficient landscaped area and open space to
create a pleasant living environment.
FINDING: The proposal as revised will be developed at a moderate
density comparable to other retirement home and assisted living
complexes. The density of the revised project will be 23.72 units per
Findings in Support
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acre as opposed to 42.33 units per acre in the original proposal. The
revised proposal's design, which is residential and campus-like in
character helps create an open and spacious feeling.
The applicant, in their landscape plan, has shown open space,
shrubs, lawn, and trees thus providing a feeling of openness and
spaciousness. Approximately 50% of the total subject area will be
landscaped. The proposal complies with this policy.
A-5 Residential developments should strive for creative design which
will maximize the inherent values of the land being developed
and encourage slow moving traffic. Each residential
development should provide for landscaping and tree planting to
enhance the livability and aesthetics of the neighborhoods.
FINDING: The proposed development includes design elements (e.g.,
two access points) and the lack of traffic demand for the elderly which
encourages slow-moving traffic. Additionally, a landscaping and tree
planting plan has been established, and pedestrian connections are
provided to enhance the livability and aesthetics of the neighborhood.
The landscaping plan provides for more than 99 new and existing
trees. The proposal complies with this policy.
A-10 High-density residential areas should be located so as to
minimize the possible deleterious effects on adjacent low-
density residential developments, When high density and low-
density areas abut, density should decrease in those areas
immediately adjacent to low-clensity residential land. Whenever
possible, buffering should be practiced by such means as
landscaping, sight-obscuring fences and hedges, and increased
setbacks.
FINDING: The proposed development has been revised to
adequately minimize possible deleterious effects on adjacent low-
density residential developments. It accomplishes this with a
generous amount of landscaped yard (approximately 50% of the site)
with shrubs, lawn, and trees, with fences, and low profile residential-
appearing buildings. The setback to single-family lots on the south
will be a minimum of 50 feet and to the west, 49 feet. These setbacks
increase in most areas along the west and south property lines and
are greater than the minimum required (refer to FINDINGS under S,
Chapter 26, Section 26.050 of this Report). The fence will be a 7 foot
high sight obscuring ornamental fence on the property lines to further
reduce any impact. The buildings architectural features provide many
roof and wall variations to mitigate its mass. In addition, the
landscaping plan provides for the planting of a significant number of
large evergreen trees along the south property line.
Findings in Support
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To ensure that the zone change to RM will not create any adverse
impacts on surrounding single family development in the event that
the proposed project does not develop as approved, the zone change
shall be conditional upon completion of the site plan in compliance
with conditions of approval.
A-11 Traffic from high-density residential areas should have access to
collector or arterial streets without going through other
residential streets.
FINDING: This proposed development will have direct access onto
Boones Ferry Road, an arterial and Country Club Road, an access
road that connects to Boones Ferry Road. No traffic will go through
the residential areas on the south or west to access this site.
Annexation Policies (IX-D):
0-1 Annexation policies are extremely important for the City. While
it is important that enough land is available for the necessary
development anticipated in the City of Woodburn, it is also
essential to prevent too much land being included in the city
limits as this leads to inefficient, sprawling development.
Because of the need to plan for public improvements, the City
should insure that there is a five year supply of vacant land
within the City. Services should be provided to that land during
that five year period.
FINDING: The Urban Growth Boundary was adopted in 1980. This
boundary designates areas outside Woodburn's City Limits that could
be annexed to accommodate growth to the year 2000. The
annexation of this land is to accommodate the growth demands of the
City in a timely manner. The subject property is contiguous to the
current city limits line on the west and south and across Country Club
Road on the north. Because the site is almost an island surrounded
by the city, because city facilities are adjacent, and because there is
urban development on all sides of it, it cannot be considered
"sprawling". The applicant states that the need for another retirement
center in the city and the surrounding development makes this a
timely annexation and development. This site is one of only a few
large parcels of land available for multi-family development without
substantial extension of urban services.
Housing Goals and Policies (IX-G):
G-1-1 The City will insure that sufficient land is made available to
accommodate the growth of the City. This requires that sufficient
land for both high density and low-density residential
Findings in Support 6
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developments is provided within the confines of the growth and
development goals of the City..,
FINDING: Lands within the urban growth boundary and outside of the
city limits are available for development. The subject property has
been planned for residential development. Market conditions and
supply of developable land dictate what parcels within the city's
planning area are developed. The applicant states that the
Comprehensive Plan Land Use Inventory (table 4) indicates that less
than 86 acres of multi-family zoned land was available in 1996, within
the city. Even less land may be available in 1999. The lack of many
large 4-5 acre parcels is apparent in the land use inventory. The
demand for this site and use indicates a need for the proposed
rezoning. There is a lack of suitably zoned high-density land available
for the proposed use and the proposal complies with this policy.
G-1-2 It is the policy of the city to encourage a variety of housing types
to accommodate the demands of the local housing market.
FINDING: The proposed development provides for housing of aged
persons in a retirement home with an assisted living unit and an
Alzheimer's care unit. This type of housing is a needed housing type
based on applicant's market study and the proposed use complies
with this policy.
Public Services Goals and Policies(IX-H):
H-1 Public Facilities and services shall be appropriate to support
sufficient amounts of land to maintain an adequate housing
market in areas undergoing development or redevelopment.
FINDING: Sewer, water, and storm drain lines are available to the
property. It will be the responsibility of the developer to construct the
infrastructure that is needed for this development to occur.
Adequately sized lines will be required to provide sufficient capacity
to serve this area of the city. All sizing and location will be subject to
review and approval by the Public Works Department.
The applicant is proposing to remove and relocate a sewer line that
extends east-west through the property to serve points west. The
Public Works Department has indicated that the project can be served
by the city. The proposal complies with this policy.
Growth and Urbanization Policies (IX-M):
FINDING: The developer will be required to pay systems development
charges for their impact on the infrastructure. The City of Woodburn
and Marion County have maintained a process for providing an
Findings in Support
7
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exchange of information relative to the proposed annexation. A
comment form and the application materials were forwarded to Marion
County so that they would have the opportunity to review and
comment on the annexation as part of the application review process.
Marion County stated that they did not have comments for this
proposal. Once the annexation takes place, the property will fall
under the City's jurisdiction.
The conversion of land within the urban growth boundary to a land
use that is planned and anticipated by the city's comprehensive plan,
subject to public facility improvements and other standards, is
acknowledged by the state and therefore conforms with the statewide
planning goals.
Review, Revision and Update (XII):
Changes in the Land Use Plan should be justified by a solid body of
evidence presented by the petitioner showing the following:
1. Compliance with the goals and policies of the
Comprehensive Plan:
FINDING: The application complies with this criteria based on
findings made under this Comprehensive Plan review section
of this report.
2. Compliance with the various elements of the
Comprehensive Plan:
FINDING: The application complies with this criteria based on
findings made under this Comprehensive Plan review section
of this report.
3. Compliance with statewide goals and guidelines:
FINDING: The application complies with this criteria base on
findings made within other parts of this staff report, including
findings made under Chapter 16, Section 16.050(a) of this
report.
4. There is public need for the change:
FINDING: The application complies with this criteria based on
findings made within other parts of this staff report, including
findings made under Chapter 16, Section 16.050(c) of this
report.
5.
This land best suites that public need:
Findings in Support
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FINDING: The applicant has provided substantial evidence
that the proposed site best suites the public need for the
proposed use. The applicant states "the proposed site is
adjacent to Boones Ferry Road, which is an arterial street
serviced by public transportation. This will enable the
residents to easily utilize public transportation. Second, the
proposed site is in close proximity to an ambulance service,
which will greatly benefit the residents when they are in need
of emergency medical attention. The location is also
convenient to churches, business providing commercial
services and public city services." The land use inventory
(Table 4) in the Comprehensive Plan dated January 1996
indicates that there are less than 86 acres of multi-family
zoned land available for development within the city limits of
Woodburn. There are approximately 121 acres of multi-family
zoned land available within the urban growth boundary for
development. The land outside of the city, but within the urban
growth boundary, does not have the city services necessary to
support the proposed use. A review of the available parcels
within the City of Woodburn zoned for multi-family shows that
these parcels are either not listed for sale, have road access
problems, or are either too small or too large for the proposed
use. For these reasons, the proposed site best suits the public
need for the proposed use.
6. The land can not be suitably used as it is presently
designated:
FINDING: The applicant states that "the size and configuration
of the 4.3 acre property and it proximity to a commercial
building and church makes its development for single-family
residential homes unattractive and economically unsuitable.
Becky Miller, a neighbor, testified that "the site is not a place to
build single-family homes because of the amount of traffic
going through Boones Ferry Road." The proximity of the site
to commercial buildings, a church, ambulance service and a
very busy road, make the subject property unsuitable for
development as single-family housing. Development of the
site as single-family housing would cause a greater impact on
traffic during peak hours than under the proposed use.
Development of the site as single-family residential would
contribute to greater over crowding in the schools, whereas the
proposed use will have no negative impact on schools and will
increase property tax revenues available to fund the school
system. This criterion is met.
B. Woodburn Zoning Ordinance:
Findings in Support
9
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1. Chapter 8 General Standards
Section 8.030 Dwellings to be Accessible to Public Streets.
4. If more than 4 dwelling units.. To be served by private
access driveway... the following provisions shall apply:
(2) Two-way driveways shall have an improved width of
at least 22 feet and the inside radius at the curb
shall be 25 feet for any curves or corners.
FINDING: The proposed development shows two 24 foot access
driveways with a minimum 25 foot radius.
Section 8.040 Special Setback Distances.
1. To permit or afford better light, air, and vision, on the more
heavily traveled streets; protect the arterial streets and
highways; and to permit the expansion of street areas for
traveling purposes, or eventual widening of streets, every
building or structure exclusive of signs, flood light
standards, and the supporting members thereof, shall be
setback from the streets or parts of streets hereinafter
named the number of feet set forth below in the right-hand
column, measured at right angles to the center line of the
street as constructed and improved with a hard surface
pavement, and where not paved, then the actual center
line of the street, plus the required front yard setback for
the district or zone, via
(6) Country Club Road, Hwy. 214 to Boones Ferry
Road.....30 feet.
2. In case the corporate boundaries of the city be extended
by annexations of additional territory, and the newly
annexed territory contains an extension of any street or
streets enumerated in this section, the setback or building
lines herein established for such street or streets shall
apply to such extension thereof.
FINDING: Building 1 shows a setback of more than 30 feet from the
centerline of Country Club Road and therefore complies with this
policy.
Section 8.190 Vision Clearance
FINDING: Each driveway access with the public street shows a vision
clearance of more than 30 feet and therefore complies with this policy.
Findings in Support
10
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This standard will be enforced during review of access and building
permits.
2. Chapter 9 Residential Standards
FINDING: At such time that the building permits are issued, each
building will be reviewed for compliance with residential set back
requirements. Any new fencing will also be reviewed for compliance
with this section prior to permit issuance.
Section 9.045. Front Yard Setback. Every building shall setback
from lot lines adjacent to streets at least 20 feeL When by this
Ordinance or any other ordinance a greater setback or a front
yard of greater depth is required than specified in this section,
then such greater setback line or front yard depth shall apply.
FINDING: Both buildings exceed the minimum setback of 20 feet from
streets.
3. Chapter 10 Off Street Parking, Loading and Driveway Standards:
Section 10.050 Off-Street Automobile Parking Requirements. Off-
Street automobile parking shall be provided in the amounts not
less than those listed below:
(I) Convalescent Hospital, Nursing Home, Sanitarium,
Rest Home, Home for the Aged:
(1) One space per four beds for patients or
residents.
FINDING: A total of 102 suites are proposed consisting of a 12 suite
Alzheimer facility and a 90 suite assisted living facility. Some of the
suites will have more than one bed for a total of 120 beds in the 102
suite development. Accordingly, 30 parking stalls (120/4) are
required. The applicant is providing 49 parking stalls and therefore
complies with this requirement.
Section 10.060 Off-Street Loading Requirements
Off-Street loading spaces shall be provided in the amounts listed
below:
(a) A minimum loading space size of 12 feet wide, 20
feet long, and 14 feet high when covered shall be
required as follows:
(1)
For multi-family dwellings with 10 or more
Findings in Support
11
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dwelling units - one space.
FINDING: The applicant's site plan illustrates that one loading space
that meets the dimensional standards above will be provided for each
building. The proposal complies with this standard.
Section 10.070 Parking and Loading Area Development
Requirements.
FINDING: The applicant's site plan meets all of the requirements with
respect to location, surfacing, bumper guards, size, access, fences,
lighting, and landscaping.
Section 10.080 Driveway Standards
(c) Driveway access for Multi-Family units with off-street
parking:
Maximum Width
Minimum of two accesses of 24
feet
FINDING: The applicant's site plan shows two accesses, each 24 feet
in width, one connecting to Boones Ferry Road and the other
connecting to Country Club Road. The proposal complies with this
standard.
Dwelling Unit
11- 100 units
4. Chapter 11 Site Plan Review
Section 11.070 Criteria for Evaluating a Site Plan
(a) The placement of structures on the property shall minimize
adverse impacts on adjacent uses
FINDING: The applicant states that "Building 2 is positioned in the
middle of the subject property so it will have very little impact on
adjacent uses. Building 2 is also oriented on the property so that the
majority of the parking area and cars are shielded by the building from
adjacent properties." The site plan and building elevations also show
that the buildings are offset and use angled walls, overhangs, and
dormers for a less obtrusive view from adjacent properties. The
proposed development has been revised to adequately minimize
possible deleterious effects on adjacent low-density residential
developments. It accomplishes this with a generous amount of
landscaped yard with shrubs, lawn, and trees, with fences, and low
profile residential-appearing buildings. The setback to single-family
lots on the south will be increased from a minimum 20 feet to a
minimum of 50 feet and to the west, from 17 feet to 49 feet. These
Findings in Support
12
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Findings in Support
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setbacks increase in most areas along the west and south property
lines. The fence will be a 7 foot high sight obscuring ornamental
fence on the property lines to further reduce any impact. The
buildings architectural features provide many roof and wall variations
to mitigate its mass. In addition, the landscaping plan provides for the
planting of a significant number of large evergreen trees along the
south property line.
(b) Landscaping shall be used to minimize the impact on
adjacent uses; and
(c) Landscaping shall be so located as to maximize its
aesthetic value.
FINDING: The applicant states that" . . . the proposed project will
have perimeter plantings, trees and ornamental fences to buffer the
development from adjacent lots." The applicant's landscaping plan
shows that the site will be planted with many new medium and large
trees. These trees are maples, hemlocks, cedars, ash, and other
species - which should help provide visual screening of the upper
walls and roofs of the development. Shrubs planted on three (3) foot
centers will screen (along with the fence) lower walls of the
development. The combination of trees, shrubs, and lawn will
maximize its aesthetic value. The applicant is proposing 50% of the
site in landscaping while 20% is required. The proposal complies with
this standard.
(d) Access to the public streets shall minimize the impact of
traffic patterns. Whenever possible, direct access shall not be
allowed to arterial streets. Wherever possible, access shall be
shared with adjacent uses of a similar nature.
FINDING: Access to the site is proposed from two access driveways,
located on (one each) Boones Ferry Road and Country Club Road.
The access drives are located far enough from the intersection of
those two roads and are wide enough so that no traffic impact should
occur. The applicant has prepared and submitted a transportation
analysis (Exhibit D) which shows no impact as a result of the
driveways.
(e) The design of the drainage facilities shall minimize the impact
on the city's or other public agency's drainage facilities.
FINDING: The City has no improved storm sewer in the vicinity except
an existing 10" diameter storm sewer at the intersection of Boones
Ferry Road and Country Club Road that discharges to Miller Farm
Road. Public Works staff has indicated that this system may be
utilized temporarily if capacity is available based on a hydraulic
13
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5.
Findings in Support
analysis of the existing storm sewer. The permanent system will need
to discharge to Goose Creek by a piped system within Boones Ferry
Road as part of the ultimate street improvement. The applicant may
be required to share some of the cost of constructing this system.
(f) The design encourages energy conservation, both in its siting
on the lot, and its accommodation of pedestrian and bicycle
traffic.
FINDINGS: Sidewalks will be provided throughout the facility and to
connect to both of the adjacent public streets. This and the bicycle
parking facilities for staff will provide the opportunity for staff or visitors
to walk or bike to the facilities. Proposed trees will help to shade the
buildings, and current insulation code requirements will ensure
minimum loss of heat through walls, roof, and windows.
(g) The proposed site development, including the architecture,
landscaping and graphic design, is in conformity with the site
development requirements of this ordinance and with the
standards of this and other ordinances insofar as the location
and appearance of the proposed development are involved.
FINDINGS: The applicant's proposal has complied with the standards
of the Zoning Ordinance and other ordinances as discussed in this
staff report.
(h) The location, design, color and materials of the exterior of all
structures and signs are compatible with the proposed
development and appropriate to the character of the immediate
neighborhood.
FINDING: The applicant states that "the project will use residential
type materials including painted, beveled siding, architectural
laminated shingle roofing and vinyl windows with wood trim. The
design of the structures, by its nature and use, will be residential in
character. The color scheme will be earth tones, using subtle natural
colors on the siding, trim and roofing...The building facades are
designed to vary the wall plane for aesthetic value and to enhance the
residential nature of the buildings. Each building has wing ends which
arch gradually to provide a subtle transition for an aesthetically
pleasing design." The proposal complies with this standard.
Chapter 15 Zone Change Procedures
FINDING: The zone change is necessary in order to reclassify the
area to be annexed from the current zoning of "Marion County Urban
Transition Farm (UTF)" to a city designation of Multiple Family
14
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Residential (RM). It is also necessary to reclassify the small .98
parcel within the city from Single-Family Residential (RS) to Multiple
Family Residential (RM). The applicant is also requesting that the
plan designation be changed from Residential < 12 units per acre to
Residential > 12 units per acre through an amendment to the
Woodburn Comprehensive Plan. The FINDINGS for a change to the
Zoning map are the same as for a Comprehensive Plan amendment
and are addressed in the following chapter (Chapter 16 - section
16.040).
6. Chapter 16 Comprehensive Plan Amendment Procedure.
Section 16.040 Concurrent Zone Change Request. Plan changes
can be reviewed concurrently with Zone Change requests. . .
Section 16.050 Plan Amendment Criteria. Before a Plan
Amendment can be made, the Common Council must find that
the proposal meets the following criteria:
(a) The proposal complies with all applicable Statewide Goals
and Guidelines:
Goal 2: Land Use Planning
FINDING: This goal requires that Plans be acknowledged by
the state LCDC, be coordinated with other agencies, and be
factually based and of sound policy. The city's Plan was
acknowledged by LCDC and found to be in compliance with
state Goals. The city is currently undergoing a periodic review
of its Plan at this time. The proposed development was
coordinated with Marion County and the Department of Land
Conservation and Development. FINDINGS for a decision on
the application provide a factual basis for amending the Plan
and meeting this Goal.
Goal 10: Housing
FINDING: This goal calls for land availability of adequate
numbers of needed housing units, and allows for flexibility of
housing location, type, and density. The applicant is meeting
the goals of the city's housing needs by providing retirement
housing. The city's compliance with the housing goal remains
intact, since the change is minor and driven by a need (refer to
FINDINGS under public need criteria below).
Goal 12: Transportation
FINDING: This goal is to provide and encourage a safe,
convenient and economic transportation system. A
Findings in Support
15
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Findings in Support
,..., ,
transportation study was conducted for the proposed
development by Associated Transportation Engineering and
Planning. The analysis concluded that the proposed use
would not have a significant impact on the street system and
all intersections within the area will operate at acceptable
levels of service during the peak hours of the road system.
The proposal is consistent with this goal and the city's
transportation goals.
Goal 13: Energy Conservation
FINDING: This goal calls for land, and uses developed on the
land, to be managed and controlled so as to maximize the
conservation of all forms of energy, based upon sound
economic principals. The proposed use borders an arterial
street. The location is convenient to commercial areas and
public services and vehicle access to the site is direct and
efficient. The site is convenient for public mass transit to local
services. Sidewalks and bicycle parking facilities will provide
the opportunity for staff or visitors to walk or bike to the
facilities. Proposed trees will help to shade the buildings and
current insulation code requirements will insure minimum loss
of heat through walls, roof and windows. The proposal is
consistent with this goal.
Goal 14: Urbanization
FINDING: This goal is to provide for an orderly and efficient
transition from rural to urban land use. The property is within
the city's urban growth boundary and is expected to be
urbanized over time. The proposal is entirely consistent with
this goal and with the city's growth and annexation goals.
(b) The proposal complies with the remaining Goals and
Policies of the Comprehensive Plan.
FINDING: The application complies with this criteria based on
FINDINGS made within other parts of this staff report (section
VI-A).
(c) There is a clearly demonstrated public need for the
proposed amendment.
FINDING: The applicant has provided substantial and
convincing evidence of a public need for the proposed use.
They state: "Population demographics show that there are
21,157 people living within the zip code boundary of
Woodburn. There are 2,131 seniors, aged 75 and above,
within this area." Many of the current assisted living projects
16
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Findings in Support
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in Woodburn have avoided taking Medicaid residents who
require high levels of care. The proposed project will
accommodate level 4 and 5 Medicaid residents who need high
levels of care, including incontinence care. Further, there is a
low vacancy rate for existing retirement and assisted care
facilities in Woodburn - 4%. A 4% vacancy rate is indicative of
a tight market and a need for more units. With 265 residents
at existing facilities, 1,866 elderly seniors remain who may
need assisted living or retirement units. The proposed project
will provide units for approximately 10% of these persons.
The applicant states, "A new Alzheimer facility known as
"Countryside Living" was opened in Woodburn in August,
which was subsequent to the Applicant filing these land use
applications on June 19, 1999. However, this new facility is
relatively small and will have only 15 units. This new facility
does not change the fact that Woodburn still has a need for
additional Alzheimer care facilities...More than 3% of men and
women over the ages of 65 have some form of Alzheimer
disease. Thus, approximately 64 people in the Woodburn area
have some form of Alzheimer disease. The new facility will
provide assistance to 15 Alzheimer patients, which still leaves
a significant deficit in the number of Alzheimer care units
needed within the Woodburn area."
(d) The proposal best satisfies the public need.
FINDING: The applicant states that the need "will be best met
by the site which is close to medical services, public library, a
grocery, and other supporting commercial services". The site
is also close to an ambulance service which is critical for health
and safety considerations. The applicant is also in the best
position to meet the need because of their expertise in
managing retirement and assisted living facilities. The
proposal is a comprehensive facility that will best meet the
needs of the current and future population in the city of
Woodburn. Lastly, the site also best satisfies the need
because of its location on a minor arterial street and in close
proximity to city services. The Comprehensive Plan states that
multi-family land uses should be sited on arterial streets.
Section 16.080 Burden of Proof.
The following specific questions shall be given
consideration in evaluating requests regarding plan and
zoning amendments and are as follows:
17
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7.
Findings in Support
.--......,.........
(a) To support an amendment to the Comprehensive
Plan, the applicant shall:
(1) Prove that the original Plan was in error;
(2) Show that the community has changed since
the original plan was adopted; or
(3) Show that there has been a change in the
planning and growth policy of the city.
FINDING: Only one of the above three criteria must be
met. The community's and society's demographics in
general are changing. As the aging of the population
increases, more facilities to serve this population will be
needed. When multi-family land was designated in the
original plan, it was not anticipated that such a change
would occur and that it would require multi-family zoned
land to provide those services. Based on the above
FINDINGS and those within the application, the
applicant has met criterion (2).
(b) To support a zone change, the applicant shall:
(1) Show there is a need for the use proposed;
(2) Show that the particular property in question
will best meet that need.
FINDING: The applicant has met this criterion through
FINDINGS made under Chapter 16, section 16.050 (c)
and (d) and the Comprehensive Plan Section XII(5)
review portion of this report. To ensure that the zone
change to RM and the Comprehensive Plan Section
XII(5) review portion will not allow for multiple family
development other than the proposed project, the zone
change shall be conditional upon completion of the
approved site plan in compliance with the conditions of
approval. In the event that the project is not completed
in compliance with this approval, the zoning will revert
back to RS. However, the Comprehensive Plan
designation would remain Residential >12 units per
acre. But, future development would be subject to the
RS zone regulations unless a zone change were
approved.
Chapter 26 Multiple Residential (RM) District
18
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Findings in Support
Section 26.010 Use
Within the RM Multi-Family Residential District no building,
structure, or premises shall be used, arranged or designed to be
used except for one or more of the following uses:
(b) Unlimited number of dwelling units as prescribed in
Section 26.080 including:
(6) Homes for the Aged;
(7) Retirement Homes;
(8) Rest Homes;
(9) Nursing Homes
FINDING: The proposed development is an allowed use.
Section 26.040 Height In an RM District, no building or structure
shall exceed 35 feet or two and one-half stories in height, except
churches and public and semi-public buildings, where permitted
may be built to a height not to exceed 70 feet or six stories,
provided any such building sets back from every street and lot
line one foot for each foot of height of the building in excess of
35 feet, in addition to other yard and setback requirements herein
specified.
FINDING: The proposed development includes buildings of one and
two stories, thus meeting the maximum height standard of two and Y,
stories. The tallest building (Building 2) will have a height of 25 feet
as defined by City code and a maximum height of 32 feet to the
ridgeline of the roof.
Section 26.050 Side and Rear Yards
(a) There shall be a side yard and a rear yard on every lot in
a RM District, which yards shall have a minimum depth as
follows:
(1) One Story - 5 feet;
(2) Two Stories - 7 feet;
(3) Three Stories - 8 feet.
Provided there shall be added to the side yard and rear yard
minimum requirements aforesaid, one foot for each multiple for
15 feet or portion thereof, that the length of that side of the
building measures over 30 feet. Notwithstanding Section 1.610,
the rear yard in an RM District shall be measured from the
property line.
19
Findings in Support
.. . .-. 1'" ... .,,-
(b) In lieu of subsection (a) above, side and rear yards may be
provided which will allow placement of portions of a main
building with offsets and jogs at varying yard depths,
provided that the said yards shall conform to the following
conditions:
(1) The minimum yard depth for any continuous wall
between offsets and jogs shall be computed and
provided as in (a) above for that portion of the wall
between offsets and jogs; provided the total yard
area equals that which would have been otherwise
provided in (a) above, which area shall be
determined by multiplying the length of the yard
times the depth of the yard.
(2) The minimum yard depth for any portion of a
building shall be six feet.
(c) Notwithstanding the provisions of subsections (a and (b)
of this section, any side yard or rear yard adjacent to a
street shall have a minimum yard depth of 20 feet. No
parking shall be allowed within ten feet of the street
property line, provided, however, in no case shall parking
be allowed in a required rear yard abutting the parallel or
approximately parallel street of a through lot. For the
purpose of this subsection, "through lot" shall be defined
as a lot having frontage on two parallel or approximately
parallel streets.
(d) The yard depth between two or more main buildings on the
same lot shall be equal to that side yard depth measured
to an assumed property line drawn between the buildings.
The yard depth between the assumed property line and
the building shall be not less than as provided in (a)
above.
FINDING: Building 1 has an east and west facade of 141 feet. Under
subsection (a) the side yard must be 5 feet (for a one-story building)
plus 8 feet (141-30/15) for a total of 13 feet. Its side yard setback is
a minimum of 12 feet on the east and 84 feet on the west, thus
meeting the requirement on the west side. The east side is one foot
short of the minimum but meets the criteria under subsection (b) in
that it provides offsets and jogs which provide a far greater yard area
than would be provided under subsection (a). The south facade is 70
feet which requires a minimum yard of 8 feet (70-30/15+5). This yard
is well over 8 feet which meets the criteria under subsection (a).
20
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Findings in Support
Building 2 has a north facade of 226 feet. Under subsection (a) the
side yard must be 7 feet (for a two-story building) plus 14 feet (226-
30/15) for a total of 21 feet. Its side yard setback on the north is 26
feet, thus meeting the requirement. Building 2 has a west facade of
346 feet. The side yard must be 7 feet (for a two-story building) plus
23 feet (346-30/15) for a total of 30 feet. Its side yard setback on the
west is 113 feet at the nearest point, thus meeting the requirement.
Building 2 has a south facade of 215 feet (includes 20 unit Phase 2
addition). The side yard must be 7 feet plus 13 feet (215-30/15) for
a total of 20 feet. This yard is 50 feet, thus meeting the requirement.
Under subsection (c), yards adjacent to a street must be a minimum
of 20 feet. Both buildings have a street side yard of more than 20 feet
and thus meet the requirement.
Under subsection (d), yards between two or more buildings on the
same lot must also meet the side and rear yard setback requirements
of subsection (a). Buildings 1 and 2 must have at least a 29 foot (8
feet for Building 1 and 21 feet for building 2) yard between them per
subsection (a). These buildings meet this requirement with an 87 foot
yard.
Section 26.060 Front Yard. In an RM District, there shall be a
minimum front yard of 20 feet. No parking shall be allowed
within 20 feet of the front lot line.
FINDING: The site plan demonstrates that the front lot line on
buildings that front Boones Ferry Road and Country Club Road
exceed 20 feet, and that the parking lot does not extend into this
setback with the exception of one parking space adjacent to Building
1. This parking space shall be eliminated and replaced with
landscaping.
Section 26.065 Solar Access. For the purpose of providing solar
access protection, development (including accessory structures
and fences) shall not cast a shadow on the south wall or any
solar access buildable area between the hours of 9:00 a.m. and
3:00 p.m. on December 21st.
FINDING: The applicant has demonstrated through the shadow
pattern drawing (Exhibit F) that the buildings comply with this
standard.
Section 26.070 Landscaped Yards.
(a) In an RM District the following landscaped yards shall be
provided for residential uses other than single and two
family dwellings:
21
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Findings in Support
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(1) For each dwelling unit with one or less bedrooms -
300 feet. One hundred additional square feet for
each bedroom over one.
(b) In an RM District all required yards adjacent to a street
shall be landscaped, except that portion devoted to off
street parking. Such landscaping may be counted in
fulfilling the requirements of subsection (a).
FINDING: Assuming one bedroom and studio units, the minimum
required would be 30,600 square feet of landscaped yard. The site
plan shows over 94,000 square feet, and thus meets the landscaped
yard requirements.
Section 26.080 Lot Area and Width. . . . In an RM District the
minimum requirement for lot area for other uses shall be 5,000
square feet plus additional lot area computed as follows:
(a) For the first through fifth unit:
(1) For each dwelling unit with one or fewer bedrooms
1,200 square feet.
(b) For the sixth dwelling unit and each succeeding dwelling
unit, the following additional lot area shall be required:
(1) For each dwelling unit with one or less bedrooms,
one story - 1,250 square feet.
(c) No main building or group of main buildings shall occupy
more than 30 percent of the lot area. . .
(d) Every lot in an RM District shall have a minimum of 60 feet
at the building line. The minimum lot area requirements
for buildings other than dwellings shall be an area not less
than the sum of the area occupied by the building or
buildings, and the area required for yards herein, or 5,000
square feet, whichever is greater.
FINDING: The lot width is 214 feet on Country Club Road and 462
feet on Boones Ferry Road, far exceeding the 60 foot width
requirement. The proposed development is less than the 30%
maximum lot coverage in that it covers 24% of the site (including
phase 2). The lot area required for the proposed development totals
132,250 square feet [5,OOO+(5x1 ,200)+(97x1 ,250)] which is less than
the lot area of 188,896 square feet.
Building 2 as proposed will be constructed across existing property
22
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lines. The applicant anticipates that each building will be located on
its own lot. To address this issue, a condition of approval will require
that existing lot lines be removed or relocated by lot line adjustment
and/or lot consolidation prior to issuance of building permits.
8. Chapter 39 Parkland Dedication and Cash-in-Iieu
FINDING: A condition of approval specifies that the applicant shall
pay the required parks systems development charges in full as
building permits are issued for the proposed development.
C. Woodburn Landscaping Policies and Standards:
FINDING: The applicant is providing 50% of the site in landscaping and this
greatly exceeds the 20% requirement. The applicant is providing a
landscaped strip next to both public streets of at least 20 feet in width and
this exceeds the 5 foot requirement. Over 18% of the interior area will be
landscaped and this meets the standard.
The landscaping plan shows 15 large trees along the Boones Ferry frontage,
and 4 large trees and 2 medium trees along the Country Club Road frontage.
This meets the requirement.
At 8 trees per acre, this development is required to have a minimum of 34
trees exclusive of the frontage trees. It will have approximately 80, thus
meeting the standard. The landscape plan also shows that the required
small, medium, and large trees will be planted around the parking lot.
The applicant is complying with the 7 foot fence and 15 foot landscaped strip
adjacent to the west and south property lines (next to single-family
residential).
D. Woodburn Sign Ordinance
FINDING: The applicant is proposing an entry monument sign at the
driveway entrances along Boones Ferry and Country Club Road. Exhibit F
shows the profile of the signs and the Site Plan shows their location.
E. Woodburn Transportation System Plan
FINDING: Associated Transportation Engineering & Planning (A TEP)
prepared a traffic analysis for the original proposed development. This
analysis was modified to reflect the revised proposal. The revised analysis
indicates that this proposal would generate approximately 232 trips per day
with 18 new trips during the p.m. peak hour. This is a significant decrease
in trips from the original proposal which would have generated 538 trips per
day.
Findings in Support
23
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The analysis concludes that the development would have no significant
impact on the surrounding traffic network and that no operational problems
are expected.
A condition of approval will be that the applicant dedicate additional right-of-
way on Boones Ferry Road and sign a non-remonstrance agreement to
participate in improvements to Boones Ferry Road and Country Club Road.
F. Woodburn Access Management Ordinance
FINDING: Boones Ferry Road is classified a minor arterial with a 100 foot
driveway spacing standard. Country Club Road is classified an access street
with a 50 foot driveway spacing standard. As shown on the enclosed Site
Plan, both driveways will be over 300 feet from the intersection of the two
streets and meet driveway spacing standards.
V. CONCLUSION: The revised proposal satisfies all approval criteria relating to the
annexation, comprehensive plan map amendment, zone map amendment and site
plan review.
Findings in Support
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ATTACHMENT "D"
CONDITIONS OF APPROVAL
ANNEXATION 99-02, COMPREHENSIVE PLAN MAP AMENDMENT 99-02, ZONE
MAP AMENDMENT 99-06, AND SITE PLAN REVIEW 99-14
Zone Change:
1. The zone change to RM (Multiple Family Residential) is conditional contingent
upon completion of the approved development in compliance with the following
conditions of site plan approval. In the event that the approved development is
not completed in compliance with said conditions, the RM zoning of the site shall
revert back to RS (Single Family Residential). Any subsequent development
shall then be subject to RS zone regulations.
Site Plan Review:
2. Site Plan Review approval is subject to approval of the annexation, plan
amendment, and zone change.
3. The proposed development shall be in substantial conformance with Exhibits A,
B, E and G, all dated 11-9-99, and Exhibit F, dated 5-15-99, except as otherwise
amended by these conditions.
4. Final landscaping and irrigation plans shall be submitted to the Community
Development Department for approval prior to issuance of building permits.
Said plans shall indicate the names (botanical and common), sizes and locations
of all plants and shall be prepared in compliance with all requirements of the
Woodburn Landscaping Policies and Standards. The final landscaping plan
shall include a significant number of evergreen trees along the south property
line to provide a sufficient buffer for the adjacent residences.
Garbage collection, loading and unloading areas, and other utility areas, shall
be screened around their perimeters by a buffer strip a minimum 3 feet wide or
by an opaque fence six foot in height.
All landscaping shall be maintained year round. Plantings shall be watered
regularly and in a manner appropriate for the specific plant species through the
first growing season, and dead and dying plants shall be replaced by the
applicant during the next planting season. No buildings, structures, storage of
material, 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.
Conditions of Approval for ANX 99-02, CPA 99-02, ZC 99-06, SPR 99-14
Page 1
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5. A lighting plan shall be submitted to the Community Development Department
prior to issuance of building permits. Said plan shall indicate intensity of site
illumination and shall ensure that light impacts on adjacent uses are minimized.
The applicant shall comply with parking lot lighting and area and building lighting
as specified by the Woodburn Police Department.
6. Comply with the parking and loading area development requirements as
specified in Chapter 10 of the Zoning Ordinance.
7. Meet vision clearance standards of Chapter 8 of the Zoning Ordinance.
8. Curbing, striping, sprinkler system, lighting and bicycle racks shall be kept in
good condition. Any damage shall be repaired in a timely manner.
9. At such time that building permits are issued, each building will be reviewed for
compliance with residential set back requirements. The new fencing will also be
reviewed for compliance with residential standards prior to permit issuance.
10. Comply with the Woodburn Comprehensive Plan, the Woodburn Transportation
Plan, the Woodburn Access Management Ordinance, the Sign Ordinance, and
the following chapters of the Woodburn Zoning Ordinance: Ch5, Ch8, Ch9,
Ch10, Ch11, Ch15, Ch19, Ch26 and Ch39.
11. At least one bicycle rack with at least three spaces shall be installed at the
complex.
12. Prior to occupancy permit issuance, the applicant shall comply with the
conditions of approval established by the Planning Commission and submit one
set of reproducible as-builts.
13. Existing lot lines shall be removed or relocated by lot line adjustment and/or lot
consolidation prior to issuance of building permits. New lot lines shall be
adjusted to ensure that all buildings meet required setbacks.
14. The site plan shall be revised prior to submittal of plans for a building permit.
The revised site plan shall show that the parking space within the 20 foot
setback along Country Club Road is removed and replaced with landscaping.
15. The System Development Charge required for parks shall be paid in full prior to
the issuance of the building permit.
16. Any conditions attached to the approval of the site plan shall be conditions on
the issuance of a building permit. A violation of the conditions shall be
considered a violation of the ordinance.
Conditions of Approval for ANX 99-02, CPA 99-02, ZC 99-06, SPR 99-14
Page 2
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Fire District Conditions:
17. The following information shall be submitted prior to issuance of building
permits: occupant load, number of exits, exit hardware, exit signage, and
emergency lighting.
18. FDC shall be located off of the buildings and at a location agreed upon by the
Fire District, City of Woodburn and the developer.
19. Alarm system required in all facilities.
20. Premise identification shall meet city standards. Apartment numbering system
shall be submitted to the Fire District for approval.
21. An onsite water supply system shall be available, operational and acceptable to
the city prior to the construction of combustible buildings. Access during
construction shall support the weight of Fire Apparatus and allow access to the
facility .
Public Works Conditions:
22. Final construction plans shall be submitted to the city for review and approval
and shall conform to the construction plan review procedures and standards.
23. On-site existing water wells and subsurface sewage disposal systems shall be
abandoned by the applicant in conformance with all state regulations and
requirements. However, use of the existing water well for irrigation purposes
may be allowed subject to approval of the Woodburn Water Department and in
compliance with all city and state regulations.
24. All city maintained facilities located on private property will require a minimum 16
foot wide easement be conveyed to the city by the property owner. This is the
applicants responsibility to provide, not the city's.
25. The applicant, not the city is responsible for obtaining permits from any state,
county and/or federal agencies which may require such permit or approval.
26. All work within the publiC right-of-way or public easement shall conform to the
City of Woodburn standard construction specifications and details.
27. The development shall be responsible for street improvements meeting city
standards on Country Club Road and Boones Ferry Road. Prior to any Building
permits being issued, the property owner shall be required to sign a non-
remonstrance consent form to participate and pay a fair share cost as
Conditions of Approval for ANX 99-02, CPA 99-02, ZC 99-06, SPR 99-14
Page 3
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determined by the City Council, for street improvements meeting city standards
on Country Club Road and Boones Ferry Road.
28. The property owner shall dedicate to the city an additional 5 feet of property
along Boones Ferry Road for roadway purposes prior to any building permits
being issued.
29. Access improvements onto Boones Ferry Road and Country Club Road if
installed prior to the street improvements, shall be designed to provide adequate
temporary ingress and egress traffic and shall be constructed of asphaltic
concrete. A permanent concrete approach meeting the City of Woodburn
commercial standard shall be required to be installed by the applicant in
conjunction with the future street improvements.
30. On-site storm water runoff detention shall be required meeting city standards.
31. This development shall not cause storm water runoff to be impounded on
adjacent properties.
32. The city has no improved storm sewer in the vicinity except an existing 10"
diameter storm sewer at the intersection of Boones Ferry Road and Country
Club Road that discharges to Miller Farm Road, this system may be utilized
temporally if capacity is available. The applicant shall provide a hydraulic
analysis of the development and existing storm sewer. The permanent system
shall discharge to Goose Creek by a piped storm sewer system within Boones
Ferry Road, this would be part of the Boones Ferry Road Street Improvements. If
the existing system does not have sufficient capacity the storm sewer system to
Goose Creek shall be installed by the applicant at this time. The applicant will be
responsible for the cost and size associated with the development, material cost
in over sizing would be the city's responsibility.
33. Sanitary sewer service to the property shall be installed by the applicant from the
existing sanitary sewer main within Boones Ferry Road. Currently an adequate
service is not stubbed to the property, the city may elect to provide this stub in
preparation for the upcoming street improvements, the applicant shall reimburse
the city for the cost of this installation at the time of building permit issuance.
34. The applicant shall comply with City of Woodburn Wastewater Department
regulations.
35. The sanitary sewer easement and sanitary sewer service proposed to be
relocated through the site is a private service and easement, not a city facility.
The applicant shall obtain the proper approvals from the beneficiary of said
easement.
Conditions of Approval for ANX 99-02, CPA 99-02, ZC 99-06, SPR 99-14
Page 4
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36. The water main shown on the plan as an existing 12" D.1. water main to serve
this development is a 14" dia. concrete cylinder transmission line and shall not
be tapped to provide service to this development.
The applicant shall install an 8" diameter water main from the existing 8"
diameter main on the west side of Boones Ferry Road at its intersection with
Henry's Boulevard, along Boones Ferry to the intersection of Country Club
Road, then along the south side of Country Club Road to the existing water main
near the Northwest corner of this development. The proposed fire hydrants and
service lines can then be tapped from this line.
37. Domestic water meters shall be placed in the public right-of-way.
38. Comply with City of Woodburn Water Department standards in regards to proper
backflow devices. If the existing well is used for landscape irrigation, the
minimum backflow prevention on each service will be a reduced pressure
device.
39. Relocate the proposed vaults/meters and fire hydrant shown serving Building 2
near the northeast corner, to the north side of the entrance/approach onto
Boones Ferry Road.
40. Fire hydrant shown on Boones Ferry Road near the southeast corner of the
development shall be extended westerly and place next to the interior driveway
access. An easement will be required.
41. Install additional fire hydrant on the west side of the building and place on the
west side of the interior drive access near the existing water main.
42. Fire hydrants on Country Club Road shall be placed in the public right-of-way
and not on private property as the site plan indicates.
43. On site construction shall not commence until the improvement plans have been
reviewed and approved by the Public Works Department, and all right-of-way
permits, system development charges have been paid.
Building Department Conditions:
44. Applicant shall submit to the Building Dept. letters of "Evacuation Capabilities" in
order to assign the appropriate occupancy classification to each str,ucture.
45. All required building permits shall be obtained prior to start of work.
Conditions of Approval for ANX 99-02, CPA 99-02, ZC 99-06. SPR 99-14
Page 5
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