Ord 2309 - Modif to SPR 00-18
COUNCIL BILL NO. 2370
ORDINANCE NO. 2309
AN ORDINANCE APPROVING THE MODIFICATION OF TWO CONDITIONS OF
APPROVAL IMPOSED PREVIOUSLY BY THE CITY IN SITE PLAN REVIEW 00-18;
AND DECLARING AN EMERGENCY.
WHEREAS, the applicant, Craig Realty Group - Woodburn, LLC, applied for and
obtained approval of Site Plan Review 00-18; and
WHEREAS, the applicant then filed this application, Site Plan Review Condition
Modification 01-10, requesting that Condition of Approval 1 and Condition of Approval 23 of Site
Plan Review Approval 00-18 be amended; and
WHEREAS, the City Council has the legal authority to modify conditions previously
imposed; and
WHEREAS, the applicant has agreed to modified conditions and waived its legal ability
to contest said modifications; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Pursuant to Site Plc,tn Review Condition Modification Application No. 01-10,
Condition of Approval 1 of Site Plan Review Approval 00-18 is amended to read as follows:
A. The proposed development shall be in substantial conformance with the
approved development plan as shown on sheets AD.l, dated 7/03/01, AO.2,
AO.2b, A1.3, Al.4, A2, A2.2, A3.4-A3.6, A4.6 and A4.8, all dated 12/28/00, C-l,
C-lb, C-2, dated 12/20/00, L1.1 and L1.2 dated 07/03/01; and Architectural
Finishes Board, except as otherwise amended by these conditions and,
specifically, Amended Condition of Approval 23 herein.
Section 2. Pursuant to Site Plan Review Condition Modification Application No. 01-10,
Condition of Approval 23 of Site Plan Review Approval 00-18 is amended to read as follows:
A.
Prior to issuance of building permits for Phase II or the construction of
any public improvements on Arney Lane whichever is sooner, Applicant
shall dedicate right-of-way along the northerly boundary of its property as
shown on Sheet 1 of the Arney Lane Plan, which was submitted to the
Woodburn Planning Commission by Applicant as part of this application
and is attached hereto and incorporated herein as Exhibit "A." Within that
right of way, Applicant shall construct a 44 foot wide, full street
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COUNCIL BILL NO. 2370
ORDINANCE NO. 2309
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improvement known as Arney Lane, from its intersection with Arney
Road to a point at the westernmost side of the westerly driveway shown
on sheet AO.1 dated July 3, 2001 and approved by the City in Site Plan
Review Approval 00-18. The 44-foot wide pavement section shall be
constructed according to City standards and City shall allow parking on
both sides of the pavement between the easterly and westerly driveway
accesses of the development on Arney Lane. On-street parking shall not
be allowed between the easterly access driveway and Arney Road. Such
improvement shall include cement curbs and gutters on the north and
south sides of the Arney Lane, built according to City standards, and a six
(6) foot wide concrete sidewalk improvement running the full length of
the improved roadway on the south side of Arney Lane.
B.
Applicant shall install street lighting on the south side of Arney Lane only,
in accordance with civil plans approved on August 1,2001 for offsite
improvements of Phases II and III, except that the spacing of light posts
located between Arney Road and the westerly driveway may be widened
as is necessary to provide sufficient lighting of the westerly driveway by
the westernmost light standard adjacent to the westerly driveway.
C.
Improvement of approaches to private driveways located on the north side of
Arney Lane, between the intersection of Arney Road and Arney Lane and the
westerly driveway shall be consistent with the width of openings as shown on
Sheet 1 of the Arney Lane Plan, which was submitted to the Woodburn Planning
Commission by Applicant as part of this application, a reduced copy of which is
attached hereto and incorporated herein as Exhibit "A." Driveway and approach
improvements shall be limited to a standard curb drop, and a paved asphalt apron
five feet deep running the width of the driveway opening, tying into the existing
driveway. City shall not require right of entry permits as long as Applicant
completes the work entirely from ':Vithin the rights-of way and does not trespass
on private property.
D.
Because these improvements represent Applicant's fair share ofthe construction
of Arney Lane which is related to this application, the improvements shall be
made in lieu of any requirement, now or in the future, to participate in a Local
Improvement District or other local funding mechanism for the purpose of
improving Arney Lane beyond the westerly driveway. However, if Applicant
subsequently proposes significant changes to its development which would
require land use approvals, City may require additional improvements to be
constructed by Applicant as part of City's future land use decisions. Irrespective
of the previously approved phasing plan, Applicant shall have the right to
construct the remaining unbuilt portions of the project, approximately 151,579
Gross Leasible Area (square feet), in multiple phases rather than the previously
approved two (2) phased development plan. However, once Applicant exceeds
COUNCIL BILL NO. 2370
ORDINANCE NO. 2309
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315,000 square feet of overall Gross Leasible Area (square footage) for all phases
of its project (including what was already constructed in Phase I) Applicant shall
be required to complete the improvements to Arney Lane as provided in this
Agreement.
E. Applicant shall construct all the aforementioned improvements to City's
satisfaction prior to issuance of an occupancy permit for Phase III of the project.
F. Applicant may use graveled portions of Arney Lane for temporary, construction
related, traffic during the construction of Phases II and III of the project.
However, Applicant may not use Arney Lane or the easterly and/or westerly
access driveways for regular or permanent commercial or site-related traffic until
such time as Arney Lane is fully improved to City standard as provided in this
condition.
G. Payment by Applicant of Systems Development Charges (SDCs) and Traffic
Impact Fees (TIFs) for Phase II of the project shall be deferred by City until
issuance of the occupancy permit for Phase II and the amount due shall be
calculated based upon those charges and fees which are in effect at the time of
payment. Applicant shall have the opportunity to request a similar deferral of
SDCs and TIFs for Phase III.
H. To the degree that this modified condition reduces Applicant's requirements to
construct Arney Lane, Applicant shall be entitled to a refund of right-of-way
permit fees already paid. Such refund shall be proportionate to that amount of
Arney Lane which will not be constructed, and shall be related only to road
improvements.
1. Applicants' project involves the realignment of Arney Road right-of way and a
road vacation proceeding by Marion County. City shall communicate with
Marion County and support Applicant's claim to the property vacated by Marion
County associated with the realignment of right-of way in the proximity of the
intersection of Arney Road and Arney Lane in order to assist the Applicant to
receive the property to which it is legally entitled.
Section 3. That this modification of conditions pursuant to Site Plan Review Condition
Modification Application No. 01-10 is based upon Findings and Conclusions which are attached
hereto as Exhibit "B" and incorporated herein.
Section 4. 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 the Mayor.
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COUNCIL BILL NO. 2370
ORDINANCE NO. 2309
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Approved as to fOrm:<n. ~ ~ .2 - ~ - 2 rJ 0 2-
City Attorney Date
Approved:
RicharJ Jennings, Ma~ ~
February 11, 2002
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the R~
ATTEST:~:<X~
Mary enant City Recorder
City of Woodburn, Oregon
February 12, 2002
February 12, 2002
February 12, 2002
C:\My Documents\MyFiles\k\CB\wOODBURN CO STORES MOD COND.wpd
Page 4 -
COUNCIL BILL NO. 2370
ORDINANCE NO. 2309
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EXHIBIT "B"
Council Bill No. 2370
Page 1 of2
EXHIBIT "B"
FINDINGS AND CONCLUSIONS
SITE PLAN REVIEW CONDITION MODIFICATION 01-10
I. APPLICATION INFORMATION:
Applicant and Property Owner:
Craig Realty Group - Woodburn LLC
1500 Quail Street # 1 00
Newport Beach, CA 92660
Application Deemed Complete:
120-Day Rule Deadline:
August 29,2001
Extended until February 15,2002
II. NATURE OF THE APPLICATION:
The application is a proposal to amend Conditions of Approval 1 and 23 of Site Plan
Review 00-18 for Phases II and III of the Woodburn Company Stores. The proposed
amendments to Conditions of Approval 1 and 23 would effect driveway access and street
improvements on Arney Lane.
III. LOCATION OF SUBJECT PROPERTY:
The subject property is located at 1001 Arney Road. It can be identified specifically on
Marion County Assessor Map T5S, 2W, Section 12B, Tax Lots 101 and 200.
IV. APPLICABLE ORDINANCE AND COMPREHENSIVE PLAN CRITERIA:
A. Woodburn Comprehensive Plan.
B. Woodburn Zoning Ordinance:
1. Chapter 7. Public Hearings
2. Chapter 8. General Standards
3. Chapter 10. Off-Street Parking, Loading and Driveway Standards
4. Chapter 11. Site Plan Review
5. Chapter 29. CR - Commercial Retail District
C. W oodbum Landscaping Policies and Standards
D. Woodburn Sign Ordinance
E. Woodburn Transportation System Plan
F. Woodburn Access Management Ordinance
Page 1
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EXHIBIT "B"
Council Bill No. 2370
Page 2 of2
V. FINDINGS AND CONCLUSIONS
A. The City Council finds that Site Plan Review 00-18 was finally decided by the
Planning Commission on July 26, 2001. No appeal of that decision was taken to
the City Council and the City Council did not call up the decision. The case was
not appealed to the Land Use Board of Appeals (LUBA) and no action was filed
in the Marion County Circuit Court.
B. The City Council concludes that the time to challenge the land use decision made
and the conditions imposed in Site Plan Review Approval 00-18 has passed.
C. The City Council further finds that at the time Site Plan Review 00-18 was
decided the applicable decision making criteria were determined and that these
criteria were applied to the facts elicited during the public hearing process which
resulted in the final approval of Site Plan Review 00-18, with conditions which
were reasonable and necessary, including Conditions 1 and 23
D. The City Council further finds that during the Site Plan Review 00-18 process the
applicant did not raise any issues with any of the conditions of approval,
including Conditions 1 and 23, which were imposed by the site plan review
approval.
E. The City Council further finds that the pre-hearing statement which was read to
participants in the public hearing on Site Plan Review 00-18 informed the
applicant that issues needed to be raised, including issues relating to conditions of
approval or constitutional issues, before the close of that hearing.
F. The City Council further finds that the applicant did not raise any concerns during
the Site Plan Review 00-18 process about the right-of-way dedication or
improvement requirements or any constitutional issues concerning Conditions 1
and 23.
G. The City Council, therefore, concludes, in agreement with the Planning
Commission's determination, that the applicant waived its opportunity to now
raise these issues in the context of this application.
H. The City Council further concludes, in accordance with the earlier determination
by the Planning Commission, that notwithstanding the applicant's waiver of its
right to raise issues in regard to the conditions, the City Council has the legal
authority to relieve the applicant from certain requirements of the existing
conditions as it deems to be fair and in the public interest.
Page 2
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