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Ord 2322 - Comp Plan 01-02 Etc COUNCIL BILL NO. 2405 ORDINANCE NO. 2322 AN ORDINANCE AMENDING THE WOODBURN COMPREHENSIVE PLAN MAP FROM LOW DENSITY RESIDENTIAL (LESS THAN 12 UNITS PER ACRE) TO HIGH DENSITY RESIDENTIAL (GREATER THAN 12 UNITS PER ACRE) AND AMENDING THE WOODBURN ZONING MAP FROM SINGLE-FAMILY RESIDENTIAL DISTRICT (RS) TO MULTI-FAMILY RESIDENTIAL DISTRICT (RM) ON THE NORTHERN 2/3 OF CERTAIN 1.7 ACRE PROPERTY LOCATED AT 847 N. CASCADE DRIVE; APPROVING A SITE PLAN REVIEW REQUEST FOR 2 RESIDENTIAL CARE FACILITIES AND A 3-LOT PARTITION ON SAID PROPERTY; AND DECLARING AN EMERGENCY. WHEREAS, the applicant, Leon Oliver, submitted Comprehensive Plan Map Amendment 01-02 to amend the Woodburn Comprehensive Plan Map from Low Density Residential (Less Than 12 Units Per Acre) to High Density Residential (Greater Than 12 Units Per Acre), Zone Change 01-05 to amend the Woodburn Zoning Map from Single- Family Residential District (RS) to Multi-Family Residential District (RM), Site Plan Review 01-13 for 2 residential care facilities, and Partition 01-07 to divide the subject property into 3 parcels; and WHEREAS, the Woodburn Comprehensive Plan Map and Woodburn Zoning Map have established certain land uses within the City of Woodburn=s Urban Growth Boundary; and WHEREAS, the Woodburn Planning Commission has previously conducted a public hearing and considered the applications filed herein; and WHEREAS, the Woodburn City Council has conducted a public hearing and reviewed the record in Comprehensive Plan Map Amendment 01-02, Zone Change 01- 05, Site Plan Review 01-13, and Partition 01-07; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOllOWS: Section 1. The subject property is owned by Eugene Heidt and is legally described in Exhibit "A", which is by this reference incorporated herein. Section 2. That based upon the findings and conclusions contained in Exhibit "B" attached hereto, the Comprehensive Plan Map designation is changed from Low Density Residential to High Density Residential, and the Zoning Map designation is changed from Single-Family Residential District (RS) to Multi-Family Residential District Page 1 - COUNCIL BILL NO. 2405 ORDINANCE NO. 2322 , (RM) on the portion of the subject property designated as Parcels 1 and 2 as shown on Exhibit liD" which is affixed hereto and by this reference incorporated herein, subject to the conditions of approval contained in Exhibit "C", which is affixed hereto and by this reference incorporated herein, which the Council finds reasonable and necessary to assure compliance with applicable approval criteria. Section 3. That based upon the findings and conclusions contained in Exhibit liB" attached hereto, Site Plan Review 01-13 and Partition 01-07 are approved subject to the conditions of approval contained in Exhibit "C" attached hereto. Section 4. 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. Approved as to form: U./b.e.-- _d~ City Attorney Approved: 1-;( -oL Date Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder July 8, 2002 July 9, 2002 Jul y 9, 2002 July 9, 2002 ATTEST: ;1~ ---;~ ~ Ma ~nant City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 2405 ORDINANCE NO. 2322 1 Exhibit II A" r~~!:'::'!.~~~-~~'~' ~.D~~~~;~~C~~~L':O~-:;;~~'C':~;:~~D --...:;-,,- - ~i~~ KiVOv.... ALTJ MEN BY THESE PRESENTS, Tllllt. .,J, ,J:.\lg:Qllll"H.,Heidt, llJld, flobl!rt j,. Heicjt """.""'.'''''''''' "''''',,' harolnalt.r CllII.d ~rantlJr. far tile camiderl2l;an here;IlI2!1tU sl,,;C'd, doe. 11t""by :irani, bart..;n, sol/ and convoy untoEl.igenll,NA",H.o.1dt """ ........U.....h.~......._...... ...., Ilerel,wfler called grantee, lAnd .wtG ilraTlI",,'~ l1ei", su.:ceJSors and ass/lnw a11 01 th"t c.rt"!n N"I proporty wUh the tl"'omenls..l1ereditl2mOnIS lInd appurlen..nces tl1erourlto belon~i.,~ or In .nywl.. .p~rtltininJ1, .ituated In th. County 0/ "lllr1011. . Slut.: 0/ Oro/1on, described as /ollows, to-wit: Bcp:inning tit u poin~ 2jO.0<.) "'eet South of the Northeast corner of Al"d:!'e!1 h..:t:1.:: ~cnOltion Land Claim, :!.n ~'o"'lIship 5 Sou th, Runge 2 Illest ot the W1l1&1lI~ "',te Her1Ji9.n, i'l K.:rion Count.y, I Oregon; .Dldd pojllt being the Southeaat corner of property cOllvltyed to Eugene N. Hoidt and Robert L. Heidt, recorded February 23, 1990, in Roel 750, Page 424, Film Reco-".. for Harion County, Oregon:thence South 370.00 filet to the moet Eaeterly NnrtheaDt eorner of Woodburn Senior Estates No.7: thence West 230.00 feet to a~ angle corner in said plat and the Eaet line of Lot 22, Blocl, 65: thenC3 North 00 27' 01" Wel'lt alMg the East line of l'.nt I 22, Block 65, 370.00 feet to the Southwest corner of lligene N. He:idt and Robert L. Heidt property: thence East 230.00 feet to the point of beginning. I SAVE AND EXCEPT: That portion of the ahove ~e8cribed premisee lying ~ith~~ road~ 3~~ I roadways. II I I I I II q 'I !,~ <~. ':~ '~I,UffICIF"T. CONTINUE DESCRIPTlOtl :m R~ERSt $iDf) Tu ':0'1'" .;11c' '~ !'!.:;id th~ .lImo unto tl.o :;,ic1 gtdc:ttlO and ~rantee'a heirs, auccassors and assi~ns forever. j '.,~ ,,,',, Bnd IICIUBI consic1eref;on paid !;;;r this Iran:.:..r. staled in terms 01 dol/ars, is $":?.P.O.o.Q".OQ,, (,.IH~Hv":'et, tl10 aclual consi.Jeration consisls 01 or ;n.::/udCJs othu property or valu" tiven or promised which is ~;~,:-;;;a:!:. consideration (indicate whic1I).CD (Th~ ..nt.nc. btJtw.." tho .yrnbol.<D,1/ not t>ppIlCllbI., ohould btJ d.t.,.d. S... ORS n.tJ30.) III conslruina this deod Bnd whero tll" contert ao requires, the sintu/ar includes tl10 plural and all 'rammatiC4/ c/Illntlc9 shall bo implied to make the provisions horeo/ apply equally to corporations and to imji...iduals. In Wiln..~s Wher~cf. 11.0 iltllntor lias executod this instrumont lI,i. ..Jm.., day ol..1Aatl.d-t-!........................, 199..~.; ill! corporlJle /Iran tor, it has cau.od ils name to be signed and its seal affixed by an officer or other person duly author- ized to do ;;0 fJY order 01 ils board 01 directors. ' .... r ' ' THIS INSTRUMENT Will NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS c.::'M.#.' ..~,',~~...;?:l...~k"",.....,........,.........,................... INSTRUMENT IN VIOLATiON OF APPLlCA8LE LAND USE LAWS AND REGULATIONS, /;).7" /...1 '7 ~ ~I~~~b ~~~~'lGJ~~::llit~ ~~~~~~~~=NC1Wg,k~~~ .>>f.ct5d/.,....;t:.......f.!....................,....".............................,............. l't.iNNING OEPf,RTMENT TO VERIfY APPROVED USES AND TO DETEf\MIN~ f..NY liMITS ON LAWSUnS AGAINST fARMING OR FOREST PRACnCES AS DEFINED IN ..........,,~....... ,.....,...,....."...............,....,............................................. ons 30,930. ~r A TE OF OREGON, County 01 ............!..... ....dgr..~,.............._.....) 9,1. u:i. L 9' f by .,',.,'~.~~~~..~Er:~~~~.~,~~:l1?~.:~r:..~~~.~:.~:~~~::=~::~~,~.:.~.~=::~~::~:::..~,~~:::=~ Tilts ItlsWm~nt was aCknowledJ?d be/ore me on ......._.....a~~...._L...." 19.....?,) by.." ...".... .....,AQ!3eR7:...L.,..., ../:ie.t.L1.t.:..............,.......... ,....................................................... .' . ..I ,~ ~ J a 9 .................. --.... ._...... ".' ,.......... "U' _ . n...... .~...... ... .u....~ .......u .....~.-..~~..............u..... ..........., .............._................. .......~.... ..~... _ ofo..~~-&~'''"."....."..,'''''''' ,......'..'...h........h.........................~..................... No~fhVi~t~~,~i~~~~N ~ ...h'..~-z2&~7.. ~_.............................._..:-0.._.._.... COMMISSION NO, 016558 , ".l_liP.!af!:Jfubllc lor Orolon L1Y COMMISSIUN EXPlRlS JULY 8. 1900 My C'.ommission upir , ................:O...:...L~......_............... .. . "> Eugene N. !iei ~t F, Robert L. Heidt '18'15T.Po,ier.s"C.reeICJ:cioIi..Roiia.........."... 'Sl1v.ert'oii.~...lJre'i~o.ii'....97313I.............." ,'......,...., .......................................................................n................ s~:::: ~~~~~::......,....._...._..J'~ 1 cortify tlud the within imtlU- mont WN recoived lor record on the ......., illY 01......._._....._..__..., 19........, t ...-.........._. o'f'!ox:k ...,.M., and r.J~d{o(; 'ie '~/rul/vo1ume No....___...._.._ on pa~:;;~..":..._.. or .". 'e Ifil./inatl1l- ,...nt/au.;" :/r_p.'jgl I No___.... Record 01 L;., ~I 01 Mid County. Witn. y hl1nd utd 10M 01 Coullty aIlind. .. ...... '~~;;._.....n.__.._..._..... 'u.. .......;;;..:.;-......... By....._...._. _...._.._." ,"..... "..~:y .' ..~ ~ Cr..":...... N...... ...11 U4,... t~~;'~~.p~~.c~.:~g;cek...L;;.O.....n08d... ..... ......, ".... :s.{F~~{~~:~:::9,~~:~~~::9.:?~:~.L::::::::::::::::::::::.::::::: I ~.. N..... ..4 IwIlII,... V Alk, f,f,car4&a. ........ .. f"aIM. All..... 111')1 ,..0!6~n.~.J~!!...H~J,~!.L..........,'.......F............,............ ...!~J.5.1..P..9.~~.~~, ..~.~!!~.~...~~.p....,~~ '.... .'......n'.n ..!?JJ,:v,~~,~!?.'1LQr.,'!g~,!L.n}...~...............".."........... .PAC. AC.....".U .on MICO..OI:.... lJ_'- 11 COUNCIL BILL NO. ORDINANCE NO. """I ............ ........... .."iI .11 ... .......... .. tHeMet AU...., Il,h I::ugene N. Heidt "I81,'r'fiowe'i-iS'" ~'rii;;T("Lo'oji'''Rooif'''''''' .."" ,... :::~i.:~~,~:~(on.~...o.r.~~~~~:J?~'~,~:~:::::::::::=::::::::::::::',: Page 3 - ..J" . , I~J :1/ J .".l~..~",~,,; r,: .:.", r'&,'.'. "'.' " " '!= '$ :... I ,\\ ~;~' t \. J, :i ~ 'f ~ ~ ~~ I '" .,t "~ '." '\:l .'^ 'i 1 ,t 1 ,. , t , I I I Ii I' , Exhibit "B" FINDINGS AND CONCLUSION COMPREHENSIVE PLAN MAP AMENDMENT 01-02 ZONE CHANGE 01-05 SITE PLAN REVIEW 01-13 PARTITION 01-07 I. APPLICATION INFORMATION: Applicant: Leon Oliver 1425 NW Ponderosa St. Grants Pass, OR 97526 Property Owner: Father Eugene Heidt 18153 Power Creek Loop Rd. Silverton, OR 97381 II. NATURE OF APPLICATION: The applicant is requesting to change the Comprehensive Plan Map designation on a residential property from Low Density Residential to High Density Residential and change the Zoning Map designation from Single-Family Residential District (RS) to Multi-Family Residential District (RM). The request also includes a Site Plan Review application for two proposed residential care facilities and a Partition application to divide the property into three parcels. III. RELEVANT FACTS: The subject site is located south of Hwy 214 (Newberg Hwy) on the west side of N. Cascade Drive, near the intersection of Hwy 214 and N. Cascade Drive. It is addressed at 847 N. Cascade Drive, further identified on Marion County Assessor Maps as Township 5 South, Range 2 West, Section 12DA, Tax Lot 2000. The property is currently zoned Single-Family Residential District (RS) with a Comprehensive Plan Map designation of Low Density Residential (Less Than 12 Units Per Acre). The property is 1.7 acres in size (73,992 sq. ft.) and is virtually flat. There are currently two single-family homes and three accessory buildings on the site. Properties in the RS District are only allowed to have one single-family dwelling per lot. As a result, the subject site is nonconforming with its two homes. One of the homes and one of the accessory structures will be removed as part of this project. The other existing structures on the south side of the site are to remain. The proposed three-parcel partition will remove this nonconforming status. Page 4 - COUNCIL BILL NO. ORDINANCE NO. , There are trees and shrubs on the site, and most are to be removed to accommodate the proposed development. The property is to be divided into three parcels. The applicant proposes to construct two residential care facilities (RCF's), one each on Parcels 1 and 2. The parcels with the RCF's will each be 24,597 sq. ft. in size and take up the north 2/3 of the existing property. Each of the RCF's are proposed to be 15-bed residential care units 5,628 sq. ft. in size. The remaining 1/3 of the property to the south will be 24,797 sq. ft. and will contain an existing single-family home and two accessory structures, which are to remain on the parcel. The applicant has not proposed site plan review approval for Parcel 3. The adjacent property to the north is zoned Commercial Office (CO) and is designated on the Comprehensive Plan Map as Commercial; this property currently has a bank. The adjacent properties to the east (across N. Cascade Drive) are zoned Multi-Family Residential District (RM) and are designated on the Comprehensive Plan Map as Commercial; these properties contain senior multi- family housing. There are two adjacent properties to the south with separate designations. The property that fronts N. Cascade Drive is zoned RS District and has a Comprehensive Plan Map designation of Low Density Residential (Less Than 12 Units Per Acre); this property has an existing single-family home. The other adjacent property to the south, which is also the adjacent property to the west, is zoned Public Amusement District (PA) and has a Comprehensive Plan Map designation of Open Space and Parks; this property is part of the Senior Estates Golf Course. IV. RELEVANT APPROVAL CRITERIA: Comprehensive Plan Map Amendment 01-02 A. Statewide Planning Goals B. Woodburn Comprehensive Plan 1. Residential Land Development Policies 2. Housing Goals and Policies 3. Public Service Goals and Policies 4. Growth and Urbanization Policies C. Woodburn Zoning Ordinance (WZO) 1. Chapter 16. Comprehensive Plan Amendment Procedure Zone Chanqe 01-05 A. Woodburn Zoning Ordinance Page 5 - COUNCIL BILL NO. ORDINANCE NO. , 1. Chapter 15. Zone Change Procedure 2. Chapter 16. Comprehensive Plan Amendment Procedure Site Plan Review 01-13 A. Woodburn Zoning Ordinance 1. Chapter 8. General Standards 2. Chapter 9. Residential Standards 3. Chapter 10. Off-Street Parking, Loading & Driveway Standards 4. Chapter 11. Site Plan Review 5. Chapter 26. RM - Multi-Family Residential District B. Woodburn Landscaping Policies and Standards C. Woodburn Access Management Ordinance D. Woodburn Transportation Systems Plan E. Woodburn Sign Ordinance Partition 01-07 A. Woodburn Zoning Ordinance 1. Chapter 22. RS - Single-Family Residential District 2. Chapter 26. RM - Multi-Family Residential District B. Woodburn Subdivision Standards 1. Chapter III. Procedures 2. Chapter IV. Design V. FINDINGS: COMPREHENSIVE PLAN MAP AMENDMENT 01-02 A. Statewide Planning Goals Goal 1 - Citizen Involvement FINDING: Goal 1 calls for"... the opportunity for citizens to be involved in all phases of the planning process..." The citizen involvement procedures and policies for Woodburn are established in the Woodburn Comprehensive Plan and Zoning Ordinance. This goal was met through the appropriate notice and public hearing procedures. Goal 2 - Land Use Planning Page 6 - COUNCIL BILL NO. ORDINANCE NO. 1 FINDING: Goal 2 outlines the basic procedures of Oregon's statewide planning program. It says that land use decisions are to be made in accordance with a comprehensive plan, and that suitable "implementation ordinances" to put the plan's policies into effect must be adopted. The Woodburn Comprehensive Plan is acknowledged as complying with Statewide Planning Goals. This application is being processed under the provisions set forth in the City's Comprehensive Plan. This goal has been met. Goal 3 - Agricultural Lands FINDING: Goal 3 defines "agricultural lands." It then requires counties to inventory such lands and to "preserve and maintain" them through farm zoning. The subject property is currently within the city limits and urban growth boundary. Therefore, this goal does not apply. Goal 4 - Forest Lands FINDING: This goal defines forest lands and requires counties to inventory them and adopt policies and ordinances that will "conserve forest lands for forest users." The subject property is currently within the city limits and urban growth boundary. Therefore, this goal does not apply. Goal 5 - Open Spaces, Scenic and Historic Resources, and Natural Resources FINDING: Goal 5 covers more than a dozen natural and cultural resources such as wildlife habitats and wetlands. The proposed Comprehensive Plan Map Amendment to allow more intensive uses on the property does not affect any open space, scenic, historic, or natural resource. Wetlands are not identified on the subject property in the Local Wetlands Inventory. In addition, the site is outside of the 50Q-year floodplain. The applicant has shown compliance with this goal. Goal 6 - Air, Water and Land Resources Quality FINDING: This goal requires local comprehensive plans and implementing measures to be consistent with state and federal regulations on matters such as groundwater pollution. The site has no significant natural vegetation. The land form on the site will be altered slightly, but additional trees and landscaping will be provided as a result of the proposed site development. Public water, sewer, and storm drainage facilities are already available for the development. These systems will prevent Page 7 - COUNCIL BILL NO. ORDINANCE NO. , inappropriate pollution of ground and/or surface water resources. The City's facilities are designed to comply with the Department of Environmental Quality standards for environmental quality, and the site development will be required to conform to-City standards. The potential increase in auto trips to and from the site could increase the level of air pollutants in the area. However, this type of air pollution is a result of land that has been designated for residential development in the City's Comprehensive Plan. The applicant has shown compliance with this goal. Goal 7 - Areas Subject to Natural Disasters and Hazards FINDING: Goal 7 deals with development in places subject to natural hazards such as floods or landslides. There are no known hazards associated with the subject site. The site is relatively flat and is located outside of the 500-year floodplain. The applicant has shown compliance with this goal. Goal 8 - Recreational Needs FINDING: This goal calls for each community to evaluate its areas and facilities for recreation and develop plans to deal with the projected demand for them. The subject site is designated for residential development. The City's existing codes and ordinances ensure that recreational needs will be met for different types of uses. The applicant has shown compliance with this goal. Goal 9 - Economic Development FINDING: Goal 9 calls for the diversification and improvement of the economy. The applicant indicates that the proposed change and development of the subject site will generate construction and landscape maintenance jobs, and provide entry- level positions for the health care industry. The applicant has shown compliance with this goal. Goal 10 - Housing FINDING: This goal specifies that each city must plan for and accommodate needed housing types. It requires each city to inventory its buildable residential lands, project future needs for such lands, and plan and zone enough buildable land to meet those needs. The proposed Comprehensive Plan Map Amendment to a higher density of residential use will allow for more types of housing to be provided on the subject Page 8 - COUNCIL BILL NO. ORDINANCE NO. ,. site. For example, elderly care housing, multiple family housing and other types of housing will be offered in addition to single-family residential. The applicant has shown compliance with this goal. Goal 11 - Public Facilities and Services FINDING: Goal 11 calls for efficient planning of public services such as sewers, water, law enforcement, and fire protection. The subject site is an infill property surrounded by urban development, and all necessary public services and facilities are available to serve the future uses allowed under the High Density Residential designation. The development will be required to conform to the City's public facility and services requirements. The applicant has shown compliance with this goal. Goal 12 - Transportation FINDING: This goal aims to provide "a safe, convenient and economic transportation system." The subject site has access to N. Cascade Drive and is near its intersection with Hwy 214. These are existing improved roadways. The current Low Density Residential designation of the site allows up to 12 units per acre. The subject site is 1.7 acres in size, potentially allowing 20 low density residential units (12 x 1.7 = 20.4). The ITE Manual, 6th Edition assigns a trip generation of 9.57 average trips per day for single-family residential units. This site could generate up to 196 trips per day (9.57 x 20.4 = 195.2) under the current designation. The proposed High Density Residential designation allows over 12 units per acre. The most intensive use (multiple-family dwelling units) under this designation would potentially allow up to 36 two-bedroom units on the subject site. The ITE Manual assigns 6.63 average trips per day for two-bedroom multi-family units. This could generate up to 239 trips per day (6.63 x 36 = 238.7) under the proposed designation of High Density Residential. The proposed designation has the potential to increase traffic by 43 trips per day as compared to the existing designation. The traffic impacts created by an additional 43 trips per day should not adversely affect planned facilities of the Transportation Systems Plan (TSP). The applicant has shown compliance with this goal. Goal 13 - Energy Conservation. FINDING: Goal 13 declares that "land uses developed on the land shall be managed and controlled so as to maximize the conservation of all forms of energy, based upon sound economic principles." Current codes for energy efficiency will Page 9 - COUNCIL BILL NO. ORDINANCE NO. , ensure that the proposed uses on the property will maximize the conservation of all forms of energy. The applicant has shown compliance with this goal. Goal 14 - Urbanization FINDING: This goal requires cities to estimate future growth and needs for land and then plan and zone enough land to meet those needs. It calls for each city to establish an "urban growth boundary" (UGB) to "identify and separate urbanized land from rural land." The subject site is located within the Woodburn UGB. In the 2000 Woodburn Buildable Lands and Urbanization Project Final Report, the land use planning consultants stated that the estimated demand for high density residential designated land in 20 years is 117.3 acres. The available buildable land is 121.1 acres, leaving a slight capacity excess of 3.8 acres of high density residential land. The consultants stated that the estimated demand for low density residential designated land in 20 years is 340.3 acres. The available buildable low density residential land is 535 acres, leaving a capacity excess of 194.7 acres. The consultants project a much greater surplus of low density residential land versus high density residential land in 20 years. The conversion of 1.7 acres of vacant low density residential land to high density residential land will not significantly effect the surplus of single family residential land in the next 20 years. The excess capacity would decrease slightly from 194.7 acres to 193 acres of low density residential land as a result of the proposed plan amendment. The amendment will allow for the efficient use of urban land by further developing under-utilized land that is within the UGB. The applicant has shown compliance with this goal. Goals 15 - 19 FINDING: Goals 15 through 19 address the Willamette Greenway, estuarine resources, coastal shorelands, beaches, dunes and ocean resources. These goals are not applicable to the City of Woodburn. B. Woodburn Comprehensive Plan 1. Residential Land Development Policies A-1 Residential areas should be designed around a neighborhood concept. 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. Page 10 - COUNCIL BILL NO. ORDINANCE NO. , FINDING: The change from Low Density Residential to High Density Residential will allow uses on the property that will not create a neighborhood but will become part of an existing neighborhood. There is a privately-owned golf course (Senior Estates) which is a community facility adjacent to the subject site that is part of the neighborhood. This policy addresses residential neighborhoods which include all types of residential uses. Because the change in designation will not change the residential nature of the designation, there will be no change in the neighborhood boundary. Consequently, this policy does not apply. 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: High density residential uses will be required to be developed in conformance with the City of Woodburn Zoning Ordinance and all other applicable ordinances. The uses that would be allowed on the property through the Comprehensive Plan Map Amendment from Low Density Residential to High Density Residential will be required to comply with applicable City standards and the State of Oregon building codes. This provision is not a criterion directed at individual decisions. 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 uses allowed under the proposed High Density Residential designation are required to provide 'landscaping and open space to provide a feeling of openness and spaciousness. The proposal complies with this policy. A-4 Streets in residential areas should be used by residents for access to collectors and arterials. Residential streets should be designed to minimize their use for through traffic, however, whenever possible dead-end streets and cul-de-sacs should be avoided. FINDING: The street pattern is already established in this neighborhood. N. Cascade Drive is designated as an access street in the Woodburn Transportation Page 11 - COUNCIL BILL NO. ORDINANCE NO. 1 System Plan. N. Cascade Drive connects to Hwy 214 to the north, which is a major arterial, and to W. Hayes Street to the south, which is a collector. 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: Future development of the site with high density residential will be subject to design requirements and landscaping requirements to enhance the aesthetics and livability of the neighborhood. A-6 to A-9 FINDING: Residential Policies A-6 to A-9 address non-residential uses in residential areas. They are therefore not applicable to the applicant's comprehensive plan map amendment request. 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 density residential land. Whenever possible, buffering should be practiced by such means as landscaping, sight-obscuring fences and hedges, and increased setbacks. FINDING: The subject site currently abuts a Single-Family Residential District to the south. The southerly parcel (Parcel 3) will remain Low Density Residential so that it can serve as a buffer and a transition area between the High Density Residential designation to the north and the established Low Density Residential to the south. City code requires a seven foot high fence between RM and RS zoned developments. Since proposed Parcel 3 is to retain its RS zoning, a fence must be provided between it and the proposed residential care facility on Parcel 2. To minimize adverse impacts between the potential uses, this fence shall be a solid wall. With compliance with the above, assumed through a condition of approval, this policy will be met. 2. Housing Goals and Policies (IX-G): Page 12 - COUNCIL BILL NO. ORDINANCE NO. , 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 developments is provided within the confines of the growth and development goals of the City... FINDING: 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. In the 2000 Woodburn Buildable Lands and Urbanization Project Final Report, the land use planning consultants stated that the estimated demand for high density residential designated land in 20 years is 117.3 acres. The available buildable land is 121.1 acres, leaving a slight capacity excess of 3.8 acres of high density residential land. The consultants stated that the estimated demand for low density residential designated land in 20 years is 340.3 acres. The available buildable low density residential land is 535 acres, leaving a capacity excess of 194.7 acres. The consultants project a much greater surplus of low density residential land versus high density residential land in 20 years. The conversion of 1.7 acres of vacant low density residential land to high density residential land will not significantly effect the surplus of single family residential land in the next 20 years. The excess capacity would decrease slightly from 194.7 acres to 193 acres of low density residential land as a result of the proposed plan amendment. 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 amendment from Low Density Residential to High Density Residential will allow for a variety of housing types in Woodburn through the allowed zoning uses and will further meet housing demands. The proposal complies with this policy. 3. Public Services Goals and Policies: 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: The subject site has access to all public facilities and services, which are currently available within the N. Cascade Drive right-of-way. These facilities Page 13 - COUNCIL BILL NO. ORDINANCE NO. , currently have sufficient capacity to serve potential uses in the proposed High Density Residential Designation. The proposal complies with this policy. 4. Growth and Urbanization Policies (IX-M): FINDING: The developer is required to pay systems development charges for their impact on the infrastructure per the Public Works Department. Public services are available to the site for high density residential uses. This policy can be met. C. Woodburn Zoning Ordinance 1. Chapter 16 Comprehensive Plan Amendment Procedure 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: (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: The applicant has addressed questions 1 and 2 in the submitted narrative in regard to this Comprehensive Plan Map Amendment request. Specifically, the applicant states, "In this situation, the Comprehensive Plan could be in error. This property is a peninsula inserted into commercial, park and multi-family zones projecting north from a single family zone. Only the park zone is compatible with the current zoning, as it is with the proposed zone and plan designation." The subject site has commercial land use designations located to the north and east (across Cascade Drive) as shown on the City of Woodburn Comprehensive Plan Map. The commercial land use designations are not compatible with a low density residential use. A Comprehensive Plan designation of high density residential was not placed as a transition area between the commercial designation to the north and the subject site which currently is designated for low density residential uses. The Council finds that the Comprehensive Plan is in error by not providing a transition Page 14 - COUNCIL BILL NO. ORDINANCE NO. , land use designation (i.e., high density residential) between the commercial property to the north and the single family residential property to the south. However, Parcel 3 shall retain its land use designation of Low Density Residential to provide a buffer and transition area between the existing residence to the south of Parcel 3 and the proposed High Density Residential to the north. ZONE CHANGE 01-05 A. Woodburn Zoning Ordinance 1. Chapter 15 Zone Change Procedure Section 15.010. Amendments. A Zone Change is a reclassification of any area from one zone or district to another, after the proposed change has been reviewed and a recommendation made by the Planning Commission. Such change shall be by an ordinance enacted by the Common Council after proceedings have been accomplished in accordance with the following provisions. Section 15.035. Hearing Before the Planning Commission. The Planning Commission shall hold a public hearing as described in Chapter 7 of the Zoning Ordinance. After concluding its hearing, the Planning Commission shall prepare a report setting forth a summary of facts and conditions involved in the reclassification and submit the same, together with its recommendation to the Common Council. Section 15.055. Site Plan Required. A site plan approved by the Planning Commission may be required and if such requirement is made in the resolution of intent, the same shall be binding upon the property....Any approved site plan may be amended or a Variance therefrom obtained, or it may be released from the restrictions of such site plan by Resolution of the Common Council on recommendation from the Planning Commission. No other changes shall be made constituting a departure from the approved site plan except by amendment or Variance as herein provided unless the same has been released from the site plan. FINDING: The above sections cover the procedure for a zone change. 2. Chapter 16 Comprehensive Plan Amendment Procedure Page 15 - COUNCIL BILL NO. ORDINANCE NO. t 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: ( b ) To support a zone change, the applicant shall: 1. Show there is a need for the use proposed; FINDING: The applicant states, "... the use of RCF's to house the elderly is a relatively new housing type. It provides a form of housing for residents that cannot live independently but are merely 'aging in place' but are not in need of the more intensive care offered by a traditional nursing home with a more institutional environment. The type of living provided by the RCF's is a more intimate, comfortable and acceptable lifestyle that allows communities to distribute elderly citizens throughout the community rather than concentrate them in locations that allow 'big box' nursing care facilities. The applicant's research shows that this type of housing is needed in Woodburn demonstrated by population data. Exhibit liD" [ of the Comprehensive Plan Map and Zone Change applications ], population data, demonstrates that from 1990 to 1997 Woodburn's population grew at a rate of 20.5 percent. During the same period Woodburn's over-65 population was at the highest ratio in the study at 22.4 percent of the population. This proposal intends to add needed housing to Woodburn's inventory." As the applicant states, and as the population data shows, Woodburn's elderly population has increased and continues to increase. As a result, the demand for elderly housing continues to increase, as does the variety of housing types for the elderly. This project will add to the variety of housing types for the elderly in Woodburn since it will provide an alternative between independent living and an institutional nursing home. The applicant has demonstrated that there is a public need for the proposed residential care facilities on proposed Parcels 1 & 2. Evidence has not been provided that there is a need for a multi-family use on Parcel 3. The need shown is limited to a residential care facility. No need was shown for a standard multi-family residential development. 2. Show that the particular piece of property in question will best meet that need. FINDING: The applicant states, Page 16 - COUNCIL BILL NO. ORDINANCE NO. , "The applicant searched Woodburn properties for the development of his RCF's. The properties that he found available that were properly zoned were both too large for his project and in neighborhoods that were developed with high density apartment uses that are incompatible with his proposed development. This property is close to arterial access, adjacent to open (quiet) space and across from a compatible land use. This property is flat to allow for handicapped access and has all the needed infrastructure." The proposed residential care facilities on Parcels 1 & 2 are less intensive and smaller in scale than typical multi-family residential developments allowed in the RM District. RCF's of this scale that meet applicable setback and buffering requirements are compatible with low density residential neighborhoods. Parcels 1 & 2 are small enough so that they do not significantly affect the City's inventory of RS zoned land, yet large enough to accommodate the proposed development. In addition, the site is accessible due to its proximity to Hwy 214 and its through access to W. Hayes Street. The applicant has shown that the RCF's on Parcels 1 & 2 can best meet the increasing need for this particular type of elderly housing. Parcels 1 & 2 are located on the northern portion of the subject site, which is adjacent to Commercial Office (CO) zoning to the north. A multi-family use on this portion of the property will serve as a transition between the CO and RS Districts. The RM zone uses allowed on Parcels 1 and 2 should be restricted to uses which are equal to or less intensive than the proposed residential care facilities. This is necessary because a standard apartment complex, which is a permitted use in the RM zone, would be a more intensive use in that it would require more parking and create greater traffic and noise impacts. The applicant's evidence addressed only the RCF use and did not demonstrate that adverse effects on the transportation system should not result from a more intense use. The City Council finds that the greater intensity of use resulting from standard apartments would not achieve the objective of transitioning the intensity of use from the commercial area to the residential area. The applicant did not provide evidence that Parcel 3 would best meet the need for additional multi-family zoned land on the southern portion of the site. This parcel will best serve as a buffer between the proposed RM zoned property on the northern portion of the site and the existing residence to the south of the site. SITE PLAN REVIEW 01-13 FINDING: The Site Plan Review request was made only for the RCF's on Parcels 1 & 2. Site Plan Review was not requested for Parcel 3. The following discussion for Site Plan Review only applies to Parcels 1 and 2. Page 17 - COUNCIL BILL NO. ORDINANCE NO. , A. Woodburn Zoning Ordinance 1. Chapter 8 General Standards Section 8.140 No Parking in Front Yard or Landscaped Areas FINDING: The required front yard setback in the RM District is 20 feet. No parking is proposed within the required yard area as part of the proposed RCF development. Section 8.190 Vision Clearance FINDING: Vision clearance requirements are being met at the applicant's proposed driveways onto N. Cascade Blvd. This standard will be enforced during review of access and building permits. Section 8.040. Special Setback Distances. (a) (3) Cascade Drive, W. Hayes Street to OR State Hwy 214.....30 feet FINDING: N. Cascade Drive has a right-of-way width of 60 feet. Special setback distances are measured from the centerline of the right-of-way. The centerline of N. Cascade Drive is 30 feet from the front property line of the subject site, placing the special setback on said property line. The proposed development meets the special setback requirement. 2. Chapter 9 Residential Standards Section 9.080. Fences-Location, Height and Density. In any yard adjacent to a street and within ten feet from the property line adjacent to such street, fences, walls and hedges may be up to 30 inches in height. Fences located in a yard area other than the above described may be up to seven feet in height. FINDING: This standard will be enforced during review of building permits. 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 as required by Section 10.070 and Page 18 - COUNCIL BILL NO. ORDINANCE NO. T approved by the Planning Director, 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: Proposed Parcels 1 & 2 will each have a 15-bed residential care facility. Each facility is required to have a minimum of four off-street parking spaces (15/4 = 3.75). The applicant is proposing five parking spaces for each facility, exceeding the minimum. Section 10.060. Off-Street Loading Requirements. FINDING: Loading spaces are not required for the RCF's. A loading space is required for multi-family dwellings with 10 or more dwelling units. The WZO defines a multiple family dwelling as a building designed for occupancy by three or more families living independently of each other. The RCF's are not designed with independent dwelling units. The dining room, kitchen and day room in the RCF's will be shared by the 15 residents. This criterion does not apply. 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, size of parking spaces and parking lot buffering. Driveways will be improved in compliance with City requirements. Lighting is required to be deflected away from residential uses and right of way. A condition of approval requires all exterior lighting to be approved by the Community Development Director and that it comply with this requirement. 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: A site plan has been submitted for Parcels 1 and 2. The plan proposes two residential care facilities on these parcels. Each of the RCF's is to be a single- story structure and will be located in a manner that complies with minimum setback requirements. Page 19 - COUNCIL BILL NO. ORDINANCE NO. , Since Parcel 3 will retain its RS zoning, a 15-foot landscape buffer is required pursuant to the Landscaping Policies and Standards Document between Parcels 2 and 3. Based on the proposed landscape and site plans, this buffer requirement will not be met on the south side of Parcel 2 where it adjoins Parcel 3. A condition of approval requires the applicant to provide a 15-foot landscape buffer along the south side of Parcel 2 and to locate the RCF on Parcel 2 more to the north to accommodate the buffer. The RCF on Parcel 2 can be shifted to the north 15 feet and set back 10 feet from the north property line, which meets the required side yard setback of five feet. (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's landscaping plan shows that landscape coverage of the development area (Parcels 1 & 2) will total approximately 57% of each parcel exceeding the 20% required. The landscaping plan indicates that landscaping will be evenly distributed throughout the parking areas with more than a 5-foot landscape strip adjacent to the street. The RCF's on proposed Parcels 1 & 2 will have large front yards with a variety of ground cover, shrubs and trees. A 15-foot landscape buffer is required pursuant to the Landscaping Policies and Standards Document between Parcels 2 and 3. The proposed landscape and site plans do not satisfy this buffer requirement on the south side of Parcel 2 where it adjoins Parcel 3. A condition of approval requires the applicant to provide a 15-foot landscape buffer along the south side of Parcel 2 and that the RCF on Parcel 2 be moved to the north to accommodate the buffer. The RCF on Parcel 2 can be shifted to the north 15 feet and set back 10 feet from the north property line, which meets the required side yard setback of five feet. The remainder of the area to be developed (Parcels 1 & 2) will be entirely surrounded by landscape strips that comply with the City's buffering and landscaping standards. By complying with the condition of approval mentioned in the previous paragraph, landscaping will minimize adverse impacts on adjacent uses. (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. Page 20 - COUNCIL BILL NO. ORDINANCE NO. I FINDING: Each of the RCF's on proposed Parcels 1 & 2 will have its own access onto N. Cascade Drive. The existing single-family residence on Parcel 3 has a driveway access which will remain. N. Cascade Drive is a local access street which requires a minimum driveway spacing distance of 10 feet, per the Woodburn Access Management Ordinance. The driveways proposed for each of the RCF's will exceed this spacing distance. All remaining current accesses on the site will be closed as part of this development. The applicant has shown compliance with this approval criteria. (e) The design of the drainage facilities shall minimize the impact on the city's or other public agencies drainage facilities. FINDING: All necessary public services and facilities are available to serve the subject site and the proposed development. The development will be required to conform to the City's public facility and services requirements. Compliance with the City standards minimizes impacts. The applicant has shown compliance with this approval criteria. (f) The design encourages energy conservation, both in its siting on the lot, and its accommodation of pedestrian and bicycle traffic. FINDINGS: The applicant's project is required to meet current codes for energy efficiency per the State building codes. Pedestrian and bicycle access between the proposed RCF's and Cascade Drive is made available by the proposed access driveways. This criterion is met. (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. FINDING: The applicant's proposal on Parcels 1 & 2 will comply, directly or through compliance with conditions of approval, with the standards of the Zoning Ordinance and other ordinances as discussed herein. (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. Page 21 - COUNCIL BILL NO. ORDINANCE NO. 1 FINDING: The proposed buildings will use architectural design elements, materials and colors similar to typical residential dwellings. The applicant submitted color and material samples for the proposed project that show a dark gray composition roof and complimentary trim, gable accents, and horizontal vinyl lap siding. The exterior colors of each RCF will consist of a light and dark beige ("Desert Sand" and "Pebblestone Clay"). The exterior materials will be appropriate to the character of the immediate residential and commercial neighborhood. There are no signs proposed as part of this application. The applicant has shown compliance with this approval criterion. 5. Chapter 26 RM Multiple Family Residential District Section 26.010. Uses. (a) Unlimited number of dwelling units as prescribed in Section 26.080 including: (6) Homes for the Aged; (7) Retirement Homes; FINDING: The proposed development is for two residential care facilities which cater to elderly individuals who are not able to live independently. The proposed use falls within the above-mentioned categories. This proposed use is permitted outright in the RM District. Section 25.040 Height. In an RM District, no building or structure 35 feet or two and one-half stories in height..... FINDING: The proposed RCF's do not exceed 20 feet in height. The site plan with the maximum height standard in the RM District. Section 26.050. Side and Rear Yards. (a) There shall be a side yard and a rear yard on every lot in an RM District, which yards shall have a minimum depth as follows: (1) One story five feet FINDING: The proposed RCF's are set back no less than 10 feet from all side and rear yards. The RCF on Parcel 2 is proposed to be located six feet from the side property line to the south. However, a condition of approval requires there to be a 15-foot landscape buffer along this property line to satisfy landscaping standards, which will require the structure to set back 15 feet from said property line. This will cause the building to set back 10 feet from the other side property line to the north Page 22 - COUNCIL BILL NO. ORDINANCE NO. , (between the two RCF's). The site plan along with this condition assumes that the proposed development meets all minimum side and rear yard setbacks in the RM District. 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 applicant has shown a minimum of an 85-foot front yard setback from the proposed RCF buildings to the front property line. The applicant does not show parking within the required 20-foot front yard setback. The proposed development complies with front yard setback requirements. Section 26.065. Solar Access. FINDING: A solar shadow plan submitted by the applicant indicates that the proposal complies with this section. This plan shows that the proposed RCF structures on Parcels 1 & 2 will not project a shadow onto adjacent buildings or any adjacent buildable area. 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: (1) For each dwelling unit with one or less bedrooms - 300 square 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 (a). FINDING: Each parcel (Parcels 1 & 2) with the proposed RCF's will have 57 percent landscaping coverage as a result of this development. Each ReF is to have 11 bedrooms, or living units, requiring a total landscape area of 1,400 sq. ft. (300 + [11 x 100]). Parcels 1 & 2 will each be 24,597 sq. ft. in size, and 57 percent of this area greatly exceeds the 1,400 sq. ft. minimum landscaping area. The yards adjacent to N. Cascade Drive are to be completely landscaped, except for the access drives. The site plan satisfies the landscaping requirements in the RM District. Page 23 - COUNCIL BILL NO. ORDINANCE NO. , Section 26.080. Lot Area and Width: In an RM District the minimum requirements for lot areas shall be 6,000 square feet for a single family dwelling. The minimum lot area requirements for other residential uses shall be 5,000 square feet plus additional lot area computed as follows: (a) For the first through fifth units: (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. FINDING: Each RCF unit will have 11 bedrooms, or living units, requiring 18,500 square feet of lot area (5000 sq. ft. + [5 units x 1,200 sq. ft.] + [6 units x 1,250 sq. ft. D. As mentioned, each of the parcels on which the RCF's are to be constructed will be 24,597 sq. ft. in size, exceeding the minimum lot size. The site plan complies with this criterion. (c) No main building or group of main buildings shall occupy more than 30 percent of the lot area.... FINDING: Each of the RCF's will be 5,628 square feet in size, occupying 23 percent of the parcels on which they will be constructed (5,628 I 24,597 = 22.8). The applicant has shown compliance with the above subsection. (d) Every lot in an RM District shall have a minimum width of 60 feet at the building line. The minimum lot area requirements for buildings other than dwellings shall be of 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: Each of the proposed three parcels has a minimum frontage and building line width of 123 feet, and the smallest of the parcels (Parcels 1 & 2) will be 24,597 square feet. The proposed development complies with the minimum lot size and width requirements. B. Woodburn Landscaping Policies and Standards Section VIII(D) Multi-family Residential Zone: A landscaping plan for development in the RM zone shall meet the following standards: Page 24 - COUNCIL BILL NO. ORDINANCE NO. I 1. At least 20% of the total development area shall be landscaped. FINDING: The applicant's landscaping plan shows that 57 percent of each parcel on which the RCF's are to be constructed will be landscaped. The applicant has exceeded this criteria. 2. Landscape strip adjacent to a street shall be at least 5 feet in width. FINDING: The applicant shows a landscaped strip adjacent to N. Cascade Drive that vastly exceeds 5 feet in width. The front yard landscape area is approximately 85 feet in width. The applicant has shown compliance with this approval criterion. (b) Interior landscaping shall be at least 18% of the total parcel area. FINDING: The applicant has exceeded this requirement as shown on the submitted landscaping plan. Interior landscaping makes up approximately 50 percent of the total area of both Parcels 1 and 2. 3. Number of required trees shall be determined in the following way: a) Frontage street landscaping: Large trees - 2 per 100 feet Medium trees - 3 per 100 feet Small trees - 4 per 100 feet FINDING: The landscape plan does not show the required trees along the frontage of each parcel to be developed. A condition of approval requires trees to be planted along N. Cascade Drive, in front of Parcels 1 & 2, in compliance with the above spacing and tree size standards. The condition further states that the species of trees shall be approved by the Planning Director prior to issuance of building permits on the site. Compliance with the condition of approval will assure the development satisfies this criterion. b) Interior landscaping: At least 8 trees per 1 ac of the total development area (exclusive of the number of trees required for the frontage strip) shall be installed and include the following number of trees in the parking areas: 1 small tree for each 5 parking stalls 1 medium tree for each 10 parking stalls Page 25 - COUNCIL BILL NO. ORDINANCE NO. . 1 large tree for each 14 parking stalls FINDING: The landscape plan indicates that two species of small trees and one species of large trees are to be planted on the portion of the site to be developed. Each parcel with the RCF's is approximately ~ acres in size, and each will consist of six off-street parking stalls. Each parcel has at least three large trees and six small trees. The site plan exceeds the minimum amount of interior trees required. 4. Buffering: where the proposed multi-family residential development abuts: a) single family residential zone - 15 foot planting strip and a 7 foot wall is required. FINDING: As previously discussed, the project has been conditioned to comply with the above standards. A solid masonry wall is required for the fence. Satisfying the condition of approval will assure compliance with this criterion. b) commercial zone - 10 foot planting strip and a 7 foot wall is required. FINDING: A planting strip exceeding 10 feet is provided on the site plan between the subject development and the CO property to the north. The site plan indicates that a 7 foot fence is proposed, but does not specify that it is a wall. A condition of approval requires that this fence shall be a 7 -foot masonry wall. Satisfying the condition of approval will assure compliance with this criterion. c. Woodburn Access Management Ordinance FINDING: N. Cascade Drive (Hwy 214 to W. Hayes) is classified as an access street. This Access Management Ordinance requires the driveway spacing to be 10 feet along access streets. The proposed driveway accesses on Parcels 1 & 2 exceed this distance from each other and from the adjacent driveways. The spacing distance of the new driveways (serving Parcels 1 & 2) from each other will be approximately 170 feet, and each of the new driveways from adjacent driveways exceeds 80 feet in spacing distance. The development proposal is in compliance with this Ordinance. D. Woodburn Transportation System Plan FINDING: The subject site has access toN. Cascade Drive, Hwy 214, and W. Hayes Street. These are existing improved streets. A trip generation study was conducted for the RCF's on Parcels 1 & 2. Parcel 3 was included in the trip generation study based on its potential use under RM zoning. The proposed RCF's Page 26 - COUNCIL BILL NO. ORDINANCE NO. , are projected to generate approximately 32 trips per day, and the potential use of Parcel 3 under RM zoning is projected to generate an additional 99 trips per day for a total of 131 trips per day for the entire subject site. The study concluded that the development will not have any significant impact over current conditions of the street system, and that all intersections within the area will operate at acceptable levels of service during peak hours. No analysis was done to show how higher intensity uses on the site would impact the transportation system. E. Woodburn Sign Ordinance FINDING: The applicant is not proposing any signage as part of this development application. Any future signs will be required to have sign permit approval prior to their placement. PARTITION 01-07 A. Woodburn Zoning Ordinance 1. Chapter 22. RS - Single Family Residential District Section 22.080. Lot Area and Width. FINDING: As mentioned, the applicant has proposed to change the zone from RS to RM on the entire subject property (proposed Parcels 1, 2, & 3). However, the City Council has concluded that Parcel 3 shall retain its existing RS zoning. No development or site plan proposal has been made on Parcel 3, the most southerly of the proposed parcels. Parcel 3 will exceed the minimum width of 60 feet and the minimum size of 6,000 sq. ft. required in the RS District. The partitioning of the site will remove the nonconforming situation of two single-family dwellings on one RS zoned property. A condition of approval requires the property owner to remove the single-family home on the northern portion of the site before recording the partition plat because this structure would be located on the new property line between Parcels 1 and 2. 2. Chapter 26. RM - Multiple Family Residential District FINDING: The applicant requested the entire property to be rezoned from RS to RM. The City Council has determined that only Parcels 1 & 2 should be rezoned from RS to RM to be consistent with Comprehensive Plan Policy A-10. As previously discussed, the RM District requires a minimum lot size of 18,500 square feet for the particular development proposed. Parcels 1 & 2 will exceed this Page 27 - COUNCIL BILL NO. ORDINANCE NO. , minimum lot size and will exceed the minimum width of 60 feet required in the RM District. B. Woodburn Subdivision Standards 1. Chapter III. Section 6. REQUISITES FOR APPROVAL OF TENTATIVE SUBDIVISION OR PARTITION PLANS. PLATS OR REPLATS (6) The subdividing of land shall be such that each lot shall abut on a public street. FINDING: Each of the proposed parcels will abut N. Cascade Drive, a fully improved public street. This application satisfies this criterion. 2. Chapter IV. Section 13.B. LOTS All lots shall have a minimum size of the zoning district in which they are located... ..in no cases shall the lot width be less than 60 feet at the buildinq line. If topography, drainage, or other conditions justify, the Commission may require a greater area on any or all lots within a subdivision. The minimum size for various types of lots shall be as given in the following table: Tvpe of Lot Minimum Width Interior Lot (fronting one street) 60 feet FINDING: As previously mentioned, each of the proposed parcels will meet the minimum size requirements for their requested zones. Each of the proposed parcels is an interior lot. Parcels 1 & 2 have a proposed width of 123 feet, and Parcel 3 has a proposed width of 124 feet, complying with the minimum. VI CONCLUSION: Based on the findings of fact contained herein, all relevant approval criteria relating to approval of the Comprehensive Plan Map Amendment and Zone Change for proposed Parcel 3 are not met. Page 28 - COUNCIL BILL NO. ORDINANCE NO. I Based on the findings of fact contained herein, all relevant approval criteria relating to approval of the Comprehensive Plan Map Amendment, Zone Change, Site Plan Review for proposed Parcels 1 and 2, and the Partition for proposed Parcels 1, 2 and 3 are met. Page 29 - COUNCIL BILL NO. ORDINANCE NO. I Exhibit "C" CONDITIONS OF APPROVAL COMPREHENSIVE PLAN MAP AMENDMENT 01-02 ZONE CHANGE 01-05 SITE PLAN REVIEW 01-13 PARTITION 01-07 COMMUNITY DEVELOPMENT DEPARTMENT: ZONE CHANGE 01-05 1. This zone change is conditioned to restrict uses allowed on proposed Parcels 1 and 2 to those uses which are permitted uses in the RM (Multi-Family Residential) District, except that multiple family dwelling units and any use listed as a conditional use shall not be allowed. SITE PLAN REVIEW 01-03 2. The development shall be in substantial conformance with this approval and the preliminary plans provided in Exhibit "E" of the staff report (sheet L-1 dated 11-13-01, sheet SP-1 dated 10-12-01, and sheets A5 and A6, dated 10-05- 01), except as herein modified by these conditions of approval. 3. This Site Plan Review approval is subject to approval of the Comprehensive Plan Map Amendment and Zone Change. The Building Official shall not issue building permits until the Comprehensive Plan Map Amendment and Zone Change are effective. 4. All exterior lighting shall be deflected away from adjacent properties and shall not glare or shine on the adjacent public right-of-way. An outdoor lighting plan shall be submitted to the Community Development Department for review and approval prior to issuance of building permits. 5. A 15-foot landscape buffer shall be provided along the south side of Parcel 2. The RCF structure on Parcel 2 shall be shifted to the north to a distance of 15 feet from the south property line to accommodate the buffer. 6. Street trees shall be required along the street frontage of Parcels 1 & 2. Spacing shall depend on the size and species of tree to be used. Small sized trees shall be spaced at a distance of 4 for every 100 feet of street frontage, medium size trees at a distance of 3 for every 100 feet of frontage, and large trees at a distance of 2 for every 100 feet of frontage. The species of trees to Page 30 - COUNCIL BILL NO. ORDINANCE NO. I be used shall be approved by the Planning Director prior to issuance of building permits on the site. 7. Prior to building permit issuance the applicant shall submit one set of reproducible as-builts. 8. A final landscape and irrigation plan shall be submitted for approval by the Community Development Director prior to issuance of building permits. Landscaped areas shall include a permanently installed irrigation system. Landscape 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/property owner during the next planting season. No buildings, structures, storage of materials, or parking shall be permitted within the required landscape and buffer areas. All landscape and buffer areas shall be maintained and kept free of all debris, weeds and tall grass. 9. Curbing, striping, sprinkler system(s) and lighting shall be kept in good condition. Any damage shall be repaired in a timely manner. 10. A solid masonry wall seven (7) feet in height shall be constructed along the south property line of proposed Parcel 2. Said wall shall comply with vision clearance and front yard height requirements. 11. A solid masonry wall seven (7) feet in height shall be constructed along the north property line of proposed Parcel 1. Said wall shall comply with vision clearance and front yard height requirements. PARTITION 01-07 12. The final partition plat shall be submitted to the Community Development Department within the required time period after preliminary plat approval (currently one year from the date of Planning Commission approval). 13. The partition shall be platted according to standard surveying practice and approved and recorded with Marion County. 14. Prior to recordation with Marion County, two paper copies of partition plat shall be submitted to the Community Development Department for review. The applicant shall provide the Community Development Department with a copy of the recorded partition plat. Page 31 - COUNCIL BILL NO. ORDINANCE NO. t 15. The existing single-family home on Parcels 1 & 2 shall be removed from the site prior to recordation of the partition plat. 16. Prior to any construction, a reproducible mylar of the final plat shall be filed with the Public Works Department after all required signatures have been obtained and the plat has been recorded with Marion County. 17. The property owner/applicant shall submit to the Community Development Department a signed "Acceptance of Conditions" agreeing to all conditions of approval prior to recordation of the final partition plat. The signed document must be received by the Community Development Department before the project approval becomes effective. PUBLIC WORKS DEPARTMENT CONDITIONS: GENERAL CONDITIONS: 18. Final plan shall conform to the construction plan review procedures and standards. 19. On-site existing water wells and subsurface sewage disposal systems shall be abandoned in accordance with state regulations. 20. The applicant/owner is responsible for obtaining permits from any state and/or federal agencies which may require approval or permit. 21. All city maintained facilities located on private property will require a minimum 16 foot wide utility easements be conveyed to the city. 22. All work within the public right-of-way or public easement shall conform to the City of Woodburn standards and specifications. All work on private property shall conform to all State Building and Fire Codes. STREET AND DRAINAGE: 23. On-site storm water runoff shall discharge to the street through weep holes in the curb. Runoff from the parking lot shall not discharge across the public sidewalk. 24. This development shall not cause storm water runoff to be impounded on adjacent properties. Page 32 - COUNCIL BILL NO. ORDINANCE NO. I 25. Driveway approaches shall conform to the City of Woodburn commercial standards. WATER: 26. This development can be served by the existing 8" diameter city water main within Cascade Drive. 27. A separate service shall be installed to each parcel. Water meters shall be placed in the public right of way of Cascade Drive. 28. Proper backflow devices will be required on the domestic and irrigation/fire sprinkler service. The domestic water line will require a Reduced Pressure Device. The irrigation and fire sprinkler system if installed will require Double Check Device. The fire sprinkler device will also require a detector check. The device shall be installed next to the meter. Contact Larry Arendt, City of Woodburn Cross Connection Inspector at 503.982.5283 for installation requirements. 29. Fire hydrant locations, fire protection and access requirements shall comply with the Woodburn Fire District's conditions of permit approval. SANITARY SEWER: 30. This development can be served by the existing city maintained sanitary sewer main within Cascade Drive. 31. A separate service shall be provided for each parcel, service to be installed by the applicant. Page 33 - COUNCIL BILL NO. ORDINANCE NO. 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