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Ord 2280 - Site Plan Rev 98-14 COUNCIL BILL NO. 2288 ORDINANCE NO. 2280 AN ORDINANCE ADOPTING SUPPLEMENTAL FINDINGS WHICH SUPPORT APPROVAL OF SITE PLAN REVIEW 99-14 TO CONSTRUCT A 102 SUITE RETIREMENT FACILITY ON A 4.3 ACRE SITE ON THE WEST SIDE OF BOONES FERRY ROAD AND SOUTH SIDE OF COUNTRY CLUB LANE; AND DECLARING AN EMERGENCY. WHEREAS, the applicants, Wally Gutzler and Anthony Kreitzberg, requested supplemental review of specific approval criteria for Site Plan Review 99-14 in response to the State Land Use Board of Appeal's (LUBA) final Opinion and Order No. 2000-050 which remanded the City of Woodburn's decision to approve said application; and WHEREAS, the Woodburn City Council has reviewed the record pertaining to said request and heard all public testimony presented on said request; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That supplemental findings in support of approval of Site Plan Review 99-14 are hereby adopted based upon the Supplemental Findings in Support, which is affixed hereto as Attachment "A". Section 2. That this ordinance being necessary for the immediate preservation of the public peace, health, and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by thei/-ayo . I Approved as to form:?' f~ ~ Z _ -::;.. 2 u 0 ( City Attorney Dat I Approved: ~..~ /~ Ric d Jennings, Ma: or '\ Passed by the Council February 12, 2001 Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATIEST: ~:~er City of Wood bum, Oregon February 13. 2001 February 13, 2001 February 13, 2001 Page 1 - COUNCIL BILL NO. 2288 ORDINANCE NO. 2280 ATTACHMENT "A" SUPPLEMENTAL FINDINGS IN SUPPORT SITE PLAN REVIEW 99-14 I. REQUEST: The applicants request supplemental review of specific approval criteria for Site Plan Review 99-14. This request is made in response to the State Land Use Board of Appeal's (LUBA) final Opinion and Order No. 2000-050 which remanded the City of Woodburn's decision to approve said application. The site plan review application consists of a proposal to construct a 102 suite retirement facility on a 4.3 acre site on the west side of Boones Ferry Road and south side of Country Club Lane. II. RELEVANT APPROVAL CRITERIA: Woodburn Zoning Ordinance, Chapter 11, Site Plan Review: Section 11.070(d) and Section 11.070(h) III. ANALYSIS: A. Woodburn Zoning Ordinance: Chapter 11 Site Plan Review Section 11.070 Criteria for Evaluating a Site Plan. The following criteria shall be used in evaluating a Site Plan: (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. Boones Ferry Road is a minor arterial and Country Club Road is an access street. The access driveways are located far enough from the intersection of Boones Ferry Road and Country Club Road and are of sufficient width so that traffic impacts will be minimized. The applicant prepared and submitted a transportation analysis with the original application which shows no adverse impact as a result of the driveways. This traffic study was reviewed by the city's Transportation Manager. In his memo, dated August 19, 1999, he concludes, liThe two access points proposed are appropriate and are appropriately located in the site plan. I concur with the conclusion reached in the traffic study that this development will not have a substantial impact on the surrounding street system now or in the future." Supplemental Findings in Support - SPR 99-14 1 As stated in the above criterion, access to arterial streets shall not be allowed whenever possible. In this situation, it is not possible to deny direct access to Boones Ferry Road for the proposed multi-family elderly housing project because of public safety considerations. Robert Benck, Fire Marshal for the Woodburn Fire District, informed city staff in his letter dated December 18, 2000 that, "In order to serve this project in an efficient and expeditious manner access off of Boones Ferry Rd. is imperative. Time is always a major factor in fire and medical emergencies, and the logical access point to provide this service is Boones Ferry Rd. In addition, the proposed facility's size requires access to all sides in a fire emergency, this is provided in the proposal and meets Oregon Uniform Fire Code Requirements for both access and the location of fire hydrants." The city relies on the Fire Marshal's experience and expertise in this area. The Fire Marshal's position that it is imperative that the proposed project have access off of Boones Ferry Road in order to provide fire protection in an efficient and expeditious manner is substantial evidence that it is not possible to deny the applicant access to Boones Ferry Road. In the interest of public safety it is not possible here to deny direct driveway access to Boones Ferry Road by the applicant for the proposed multi- family elderly housing project. The Fire Code requirements conflict with the expressed preference for limits on access to arterials. Regarding sharing access with similar uses, the nature of the surrounding uses is not similar to the proposed use in that they consist of single family use to the south, utility company use to the north, and church use to the west. In addition, it is not possible to share access in that the adjacent uses have existing driveways which do not adjoin the subject site. Based on the above discussion, criterion 11.070(d) is met. (h) The location, design, color and materials of the exterior of aU structures and signs are compatible with the proposed development and appropriate to the character of the immediate neighborhood. FINDING: The character of the immediate neighborhood is primarily residential. The southern side, east side and southwest corner of the subject property is bordered by single family homes. The northeast corner of the site borders the US West building and the northwest corner of the site borders a LDS church. There are two proposed signs within the site plan. One sign will be at the entrance way to the assisted living facility off of Boones Ferry Road (Assisted Living Community Sign) and the second sign will be at the entrance way to the Alzheimer facility off of Country Club Road (Alzheimer Building Sign). The two signs will be addressed separately below: Supplemental Findings in Support - SPR 99-14 2 Assisted Living Community Sign: The site plan indicates that the Assisted Living Community Sign will be at the entrance way to the assisted living community off of Boones Ferry Road. The Assisted Living Community Sign is compatible with the proposed development because it is at the entrance way to the assisted living community and directs and introduces people to the assisted living community. Other developments in the immediate neighborhood such as Heritage Park, Henry's Farm and Tukwila also have signs located at their access entryways, so the location of the proposed sign is appropriate to the character of the residential neighborhood. The applicants have submitted design detail for the Assisted Living Community Sign in their schematic design drawings. The low- profile monument style design is compatible with the proposed elderly housing because it has an elegant design similar to the attractive architecture used for the proposed housing. The design is appropriate to the residential character of the immediate neighborhood because it is low-profile (standing approximately seven feet in height) and has low voltage lighting which will not be distracting to residential neighbors. The sign will be at least as attractive as other currently existing signs in the immediate neighborhood identifying Heritage Park, Henry's Farm, Village of the Green, and the Tukwila developments. The design is also appropriate for the residential character of the immediate neighborhood because of its low-profile and because of its low voltage lighting which will not be distracting to residential neighbors. The applicant states that "the Assisted Living Community Sign will use a color scheme of natural earth tones and subtle natural colors similar with and compatible with those used on the proposed elderly housing." The applicant's use of earth tones and subtle natural colors will be similar and compatible to existing colors used for neighboring residential homes. Therefore, the colors would be appropriate to the character of the immediate neighborhood. The applicant states liThe materials used in the Assisted Living Community Sign will consist of painted concrete with a light sand finish." The sign which will consist of painted concrete with a light sand finish should have an attractive texture and appearance that is compatible with the proposed elderly housing. The textured and painted concrete and other materials are residential in character and since similar materials are used in the construction of the buildings on site and in neighboring residences they will be compatible with the proposed housing and appropriate to the character of the immediate residential neighborhood. Supplemental Findings in Support - SPR 99-14 3 Alzheimer Building Sign: The site plan indicates that the Alzheimer Building Sign is located east of the entry way to the Alzheimer facility off of Country Club Road. The location of the sign is compatible with the proposed elderly housing because it is located at a convenient spot to help direct visitors and residents to the Alzheimer facility. The location of the sign adjacent to the access driveway is also appropriate to the character of the residential neighborhood which has similar signs located at the access ways for Heritage Park, Henry's Farm, and the Tukwila developments. The applicants have submitted design details for the Alzheimer building sign in their schematic design drawings. The Alzheimer Building Sign is designed to be a low-profile monument sign approximately six feet tall. It's elegant, attractive low-profile design is compatible with the proposed elderly residential development. The low-profile wood sign is also appropriate to the residential character of the neighborhood which also has similar signs for developments such as Heritage Park, Henry's Farm, Village by the Green, and Tukwila. The applicant states that "The color scheme of the sign will be earth tones and natural colors". Earth tones and natural colors are similar and compatible to the coloring scheme used by the proposed elderly residential housing which also uses these colors. Earth tones and subtle natural colors are also used in the immediate residential neighborhood so therefore, the proposed colors used in the sign are appropriate to the character of the residential neighborhood. The applicant states that "The proposed Alzheimer Building Sign will be made primarily out of wood and other residential materials." These proposed materials are compatible with the proposed elderly residential housing, which will also use wood and other residential materials. The proposed materials are also similar to materials used in the immediate neighborhood therefore, the proposed materials used in the sign are appropriate to the character of the immediate residential neighborhood. Both proposed signs meet the criteria set forth under WZO 11.070 (h). IV. CONCLUSION: Based on the findings contained herein, the above approval criteria are met. Supplemental Findings in Support - SPR 99-14 4