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Ord 2337 - Annex.01-04 Parr Rd COUNCIL BILL NO. 2448 ORDINANCE NO. 2337 AN ORDINANCE ANNEXING INTO THE CITY OF WOODBURN 4.69 ACRES OF PROPERTY LOCATED SOUTH OF PARR ROAD AND WEST OF ELANA DRIVE; GRANTING A ZONE CHANGE FROM MARION COUNTY "URBAN TRANSITION FARM (UTF)" TO CITY OF WOODBURN "PUBLIC AND SEMI-PUBLIC (P/SP)"; APPROVING CONDITIONAL USE APPLICATION CASE NO. 02-08; APPROVING DESIGN REVIEW APPLICATION CASE NO. 02-19; DENYING VARIANCE APPLICATION CASE NO. 03-03; APPROVING VARIANCE APPLICATION CASE NO. 03-04; APPROVING VARIANCE APPLICATION CASE NO. 03-05; AND APPROVING EXCEPTION TO STREET RIGHT OF WAY AND IMPROVEMENTS REQUIREMENT APPLICATION CASE NO. 03-03; AND ATTACHING CERTAIN CONDITIONS THERETO. WHEREAS, the applicant, City of Woodburn, submitted the following applications: Annexation 01-04, Zone Change 01-03, Conditional Use 02-08, Design Review 02-19, Variance 03-03, Variance 03-04, Variance 03-05 and Exception to Street Right of Way and Improvements Requirement 03-03; and WHEREAS, the Woodburn Comprehensive Plan and Zoning Map have established certain land uses within the City of Woodburn's Urban Growth Boundary; and WHEREAS, the Woodburn City Council has reviewed the record pertaining to said applications and heard all public testimony presented on said applications; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the subject property is owned by the City of Woodburn and is legally described in Exhibit "A" which is affixed hereto and by this reference incorporated herein. Section 2. That the subject property is depicted on the Exhibit Map for Annexation which is affixed hereto as Exhibit "B" and is by this reference incorporated herein. Section 3. That based upon the Findings in Support, which is affixed hereto as Exhibit "c" and is by this reference incorporated herein, the subject property is hereby annexed to the City of Woodburn. Section 4. That the Woodburn Zoning Map is hereby amended as to the property described in Exhibit "A" to this Ordinance from Marion County "Urban Transition Farm (UTF)" to the City of Woodburn "Public and Semi-Public (P/SP) District" based upon the Findings in Support which is affixed hereto as Exhibit "C". Page 1 ~ COUNCIL BILL NO. 2448 ORDINANCE NO 2337 ,...--. Section 5. Development permit applications Conditional Use 02-08 and Design Review 02-19; and Variance 03-04, Variance 03-05 and Exception to Street Right of Way and Improvements Requirement 03-03; are hereby approved, and Variance 03-03 is hereby denied; based upon the Findings which are affixed hereto as Exhibit "C". Section 6. That Annexation 01-04, Zone Change 01-03, Conditional Use 02-08, Design Review 02-19, Variance 03-04, Variance 03-05 and Exception to Street Right of Way and Improvements Requirement 03-03 approvals are subject to the conditions contained in Exhibit "D", which is affixed hereto and incorporated herein, which the Council finds reasonable. Approved as to form:~ ~ City Attorney .5;-- r; - 20 0 r Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ~,-r-/CJ__ "" f_ ATTEST: ~~ Mary ant City Recorder City of W oodbum, Oregon May 12, 2003 May 14, 2003 May 14, 2003 May 14, 2003 Page 2 - COUNCIL BILL NO. 2448 ORDINANCE NO. 2337 Exhibit" A" LEGAL DESCRIPTION Beginning in the center of County Road at a point which is North 000 15' 00" East 540.5 feet and South 890 39' 00" East 1868.56 feet from the most Northerly Northwest corner of the Peter Raymond Donation Land Claim in Township 5 South, Range 2 West of the Willamette Meridian in Marion County, Oregon; thence South 000 18' 15" West 1625.84 feet to the South line of a tract of land conveyed to Dan Widmer and Elfie M. Widmer, husband and wife, by that certain instrument dated May 24, 1944, and recorded June 14, 1944 in Volume 304, Page 98, Deed Records for Marion County, Oregon; thence South 890 18' 15" East 802.30 feet along the South line of said tract; thence North 000 18' 15" East 1629.90 feet to the center of said County Road; thence North 890 39' 00" West 802.30 feet West along the center of said County Road to the place of beginning. SAVE AND EXCEPT: Beginning in the center of County Road at a point which is North 000 15' 00" East 540.5 feet and South 890 39' 00" East 1868.56 feet from the most Northerly Northwest corner of the Peter Raymond Donation Land Claim in Township 5 South, Range 2 West of the Willamette Meridian in Marion County, Oregon; thence South 00018' 15" West 1625.84 feet to the South line of a tract of land conveyed to Dan Widmer and Elfie M. Widmer, husband and wife, by that certain instrument dated May 24, 1944, and recorded June 14, 1944 in Volume 304, Page 98, Deed Records for Marion County, Oregon; thence South 890 18' 15" East 802.30 feet along the South line of said tract; thence North 000 18' 15" East 1146.26 feet; thence North 890 39' 00" West 450.00 feet; thence North 000 18' 15" East 484.00 feet to a point on the center of County Road No. 517; thence North 890 39' 00" West 352.30 feet to the place of beginning and containing 24.98 acres of land. .r----^^-.. ^ v \ 5 > Exhibit "B" ?} \ 015 03 0 ~ 103 00 )0 831.65 646.00 103 5c.. W /3 44126003 ffiPAR. 3 0 12.31 AC ~ g 0 ~ 8 '~ ~OO ~ ~ Lcl. co CR 517 2655.18 PARR RDA Q Q O{ O{ O{ 0/ or,-/ / / i / I I... / I 352.30 450 N89 :!>iW / C6o~ J 500 700 44124375 ~tt9000 44120000 400 44121 SUBJECT PROPERTY / / / / / 30 N89 39W 450 SCHOOLS co C\I ~ ~ CENTENNIAL PARK 103 03 03 "* REC'O * JAN 3 0 2003 30 WOODBURN COMMUNITY DEVELOPMENT DEPT: 802.30 _ _J ^ ^ ^ _ ..... ...... .... ..... _ Exhibit "C" FINDINGS AND CONCLUSIONS Annexation 01-04 Zone Change 01-03 Conditional Use 02-08 Design Review 02-19 Variance 03-03 Variance 03-04 Variance 03-05 Exception to Str~et Right of Way and Improvements Requirement 03-03 I. APPLICATION INFORMATION: Applicant & Property Owner: City of Woodburn 270 Montgomery Street Woodburn, Or 97071 II. NATURE OF APPLICATION The applicant is requesting to annex a 4.69 acre parcel into the City of Woodburn and change its zoning from a Marion County "Urban Transition Farm (UTF)" to City of Woodburn "Public and Semi-Public (p/SP)". The applicant is requesting conditional use and design review approval for a 3,800 square foot treatment plant, filters, 80,000 gallon backwash tank, 2,700,000 gallon storage reservoir and 400 square foot well house. The applicant is requesting three variances to allow for a barbed wire fence; the height of the water storage reservoir to be 52 feet when 35 feet is the maximum allowable height in the P/SP zone; and the rear yard setback for the water storage reservoir to be 12 feet when a 36 foot minimum rear yard setback is required in the P/SP zone. The applicant is also requesting an exception to street right of way and improvement requirements to allow for a reduced right of way and the modification of the street cross section for the bike lane to be located to the south of the sidewalk as has been done on the properties to the east. III. RELEVANT FACTS: The property is located at 828 Parr Road, further described on Marion County Assessor Maps as Township 5 South, Range 2 West, Section 13, Tax Lot 600. The site is in Marion County and is designated as "Urban Transition Farm (UTF)." The property is designated as "Public Use" on the City of Woodburn Comprehensive Plan Map and would be zoned as "Public and Semi-Public (P/SP)" at the time of annexation. 828 Parr Road Page 3 ,...- --...- An existing single family dwelling is located on the northern edge of the subject site. The remainder of the property is bare ground and berry vines. The property is flat and 4.69 acres in size. No wetlands or floodplains are located on the property. The adjacent property to the north (across Parr Road) is also located outside of the City. The property to the north is under the Marion County zoning designation of "UTF" and is designated for residential greater than 12 units per acre on the Woodburn Comprehensive Plan. It is an undeveloped site. The properties to the south, west and east are located within the Woodburn city limits. The property to the west and south is zoned P/SP and designated for public use on the Woodburn Comprehensive Plan. A city park is located on this property. The property to the east is zoned "Single Family Residential (RS) and designated residential less than 12 units per acre on the Woodburn Comprehensive Plan Map. A school is located on this property. Parr Road runs along the northern edge of the subject site. The property owner is requesting annexation of the property so that a 3,800 square foot treatment plant, filters, 80,000 gallon backwash tank, 2,700,000 gallon storage reservoir and 400 square foot well house can be constructed on the subject site. The proposed facility is part of the implementation of the capital improvements specified in the city's Water Master Plan. The facility is part of a project that will improve the aesthetic quality of the water through the removal of iron and manganese from the city's water supply. The reservoirs will allow for the water supply system to handle peak demands of water and provide water reserves for an emergency situation. The proposed plant will also ensure that the water supply will comply with new regulations regarding maximum arsenic levels and have the capability to deal with proposed radon limits and other potential changes to the Safe Drinking Water Act. The proposed water treatment facility use of the property is a conditional use in the P/SP zone. The Annexation and Zone Change applications are subject to the Woodburn Zoning Ordinance because they were submitted prior to the July 1, 2002 effective date of the new Woodburn Development Ordinance. The Conditional Use, Design Review, Variances, and Exception to Street Right of Way and Improvements Requirement applications are subject to the new Woodburn Development Ordinance because they were submitted after July 1, 2002. IV. RELEVANT APPROVAL CRITERIA ANNEXATION 01-04 A. OREGON STATEWIDE PLANNING GOALS B. WOODBURN COMPREHENSIVE PLAN 828 Parr Road Page 4 IX. Goals and Policies D. Annexation Goals and Policies H. Public Services Goals and Policies I. Wastewater Goals and Policies J. Water Goals and Policies L. Growth Goal M. Growth and Urbanization Policies R. Recreation and Parks Goals and policies C. WOODBURN TRANSPORTATION SYSTEMS PLAN ZONE CHANGE 01-03 A. WOODBURN COMPREHENSIVE PLAN B. WOODBl,)RN ZONING ORDINANCE 1. Chapter 15 Zone Change Procedures 2. Chapter 16 Comprehensive Plan Amendment Procedures Conditional Use 02-08: 1) WOODBURN DEVELOPMENT ORDINANCE Section 5.103.01 Conditional Use Desiqn Review 02-19: 1) WOODBU~N DEVELOPMENT ORDINANCE Section 2.111 Public and Semi-Public (P/SP) Section 3.101 Street Standards Section 3.102 Utilities and Easements Section 3.103 Setbacks, Open Space and Lot Standards, Generally Access Off Street Parking and Loading Landscaping Standards Architectural Design Guidelines and Standards Design Review for All Structures 1000 Sq. Ft. OR MORE Section 3.104 Section 3.105 Section 3.106 Section 3.107 Section 5.103.02 2) WOODBURN TRANSPORTATION SYSTEM PLAN Variance 03-03: 1) WOODBURN DEVELOPMENT ORDINANCE Section 2.202.03.0 Construction Materials Prohibited Section 5.103.11 Variance Variance 03-04: 1) WOODBU~N DEVELOPMENT ORDINANCE Section 2.111.05.B Building Height 828 Parr Road Page 5 -,...._.__._..._-----..,-_._-<-...............~~-- Section 5.103.11 Variance Variance 03-05: 1) WOODBURN DEVELOPMENT ORDINANCE Section 2.111.05.C.2 Interior Side and Rear Yard Setbacks Section 5.103.11 Variance Exception to Str~et RiQht of Way and Improvements Requirement 03-03 1) WOODBURN DEVELOPMENT ORDINANCE Section 3.101 Street Standards Section 5.103.12 Exception to Street Right of Way and Improvements Requirement V. FINDINGS: Annexation 01-M A. OreQon St,tewide PlanninQ Goals FINDING: The property is proposed to be annexed into the City under the "Public and Semi-Public (P/SP)" zone. It is currently designated as public use on the Woodburn Comprehensive Plan and is within the Urban Growth Boundary. The P/SP zone is consistent with the public use designation of the Woodburn Comprehensive Plan. The Woodburn Comprehensive Plan was acknowledged by the State of Oregon in the 1980s. As a result, the statewide planning goals are being implemented through the acknowledged Comprehensive Plan. This approval criterion is met. B. Woodburn Comprehensive Plan FINDING: The property is designated as public use on the City of Woodburn Comprehensive Plan Map. It is proposed to be annexed into the City under the P/SP zone. The existing single family dwelling is not a permitted use in the P/SP zone. A condition of approval is that the single family dwelling shall be removed prior to building permit issuance. The applicant is proposing a water treatment facility on the subject site which is a conditional use in the P/SP zone. The applicant has requested conditional use approval, design review approval, three variance approvals, and an exception to street right of way and improvements requirement approval to allow for the proposed use. IX. Goals and Policies D. Annexation Goals and Policies 0-1. The goal is to guide the shape and geographic area of the City within the urban growth boundary so the City limits: 828 Parr Road Page 6 __" m___.,....._.,'__~ ... A. Define a compact service area for the City; B. Reflect a cohesive land area that is all contained within the City; and C. Provide the opportunity for growth in keeping with the City's goals and capacity to serve urban development. 0-2. The goal is to clearly establish the intent of each proposed expansion of the City; to assess the proposal's conformance with the City's plans and facility capacity and to assess its impact on the community prior to deeming an annexation application complete. 0-3. The goal is to achieve greater utilization of land within the City by: a. Incorporating all of the territory within the City limits that will be of benefit to the City into the City. b. Providing the opportunity for the urban in-fill of vacant and under utilized property that is currently unincorporated and surrounded by the City. c. Fostering an efficient pattern of urban development in the City, maximizing the use of existing City facilities and services, and balancing the costs of City services among all benefited residents and development by incorporating all territory into the City limits that will be of benefit. FINDING: The parcel to be annexed is contiguous to the city limits on three sides. The annexation of the subject site promotes a cohesive land use pattern since it is planned for public use and adjoins land used for two other public uses, a park and a school. Installation of a water treatment facility on this site will improve the aesthetic quality of the city's water and allow for a water supply to accommodate growth. Annexation of this property is also in conformance with the city's infrastructure master plan and capital improvement plan. These approval criteria are met. H. Public Services Goals and Policies H-1. Public facilities and services shall be provided at levels necessary and suitable for existing uses. The provision for future public facilities and services in these areas shall be based upon (1) the time required to provide the service, (2) 828 Parr Road Page 7 ,....'_.._.~-,._-------... .. reliability of service, (3) financial cost, and (4) levels of service needed and desired. FINDING: The subject site is proposed to be used for a water treatment facility that will improve the aesthetic quality of the city's water supply and provide increased water storage to deal with emergency uses. The treatment facility will also serve to meet growth needs for water supply within the city. This approval criterion is met. I. Wastewater Goals and Policies FINDIN!G: The discharge from the treatment facility will not impact the city's wastewater treatment facility. This approval criterion is met. J. Water Goals and Policies J-1. Develop a system that will provide the water system's customers with safe drinking water that meets quality expectations in sufficient quantity to meet demand. J-1-2. Develop a plan to treat the city's water supply to reduce elevated levels of iron and manganese which provides undesirable aesthetic effects. J-1-3. Develop a supply and distribution system that provides for reliable fire protection. J-2. Develop a plan that will economically provide safe, plentiful drinking water to the city's water system customers accounting for projected growth through the year 2020 in accordance with the City of Woodburn Water Master Plan. FINDING: The property owner is requesting annexation of the property so that a 3,800 square foot treatment plant, filters, 80,000 gallon backwash tank, 2,700,000 gallon storage reservoir and 400 square foot well house can be constructed on the subject site. The proposed facility is part of the implementation of the capital improvements specified in the city's Water Master Plan. The facility is part of a project that will improve the aesthetic quality of the water through the removal of iron and manganese from the city's water supply. The reservoirs will allow for the water supply system to handle peak demands of water and provide water reserves for an emergency situation. The proposed plant will also ensure that the water supply will comply with new regulations regarding maximum arsenic levels and have the capability to deal with proposed 828 Parr Road Page 8 "..... ~-". .._--------," .. radon limits and other potential changes to the Safe Drinking Water Act. These approval criteria are met. L. Growth Goals FINDING: The water treatment facility planned to be placed on the subject property will ensure areas added to the city in the future will have an aesthetically high quality of water and safe supply of drinking water. The proposed annexation is within the urban growth boundary. The property is adjacent to two other public used properties. The applicant will improve Parr Road as part of the development of the treatment plant. The proposed treatment plant is part of the city's approved Water Master Plan and Capital Improvement Plan. The annexation request has been forwarded to Marion County for their comments. This approval criterion is met. M. Growth and Urbanization Policies M-1. To insure that growth is orderly and efficient, the City shall phase the needed public services in accordance with the expected rate of growth. The extensions of the existing public services should be in accordance with the master plans in this Comprehensive Plan. FINDING: Public services are available to the subject site. The water treatment facility planned to be placed on this property will ensure areas added to the city in the future will have an aesthetically high quality of water and safe supply of drinking water. The proposed treatment plant is part of the city's approved Water Master Plan and Capital Improvement Plan. These approval criteria are met. R. Recreation and Parks Goals and Policies FINDING: The proposed annexation is adjacent to an existing city park (Centennial Park). The planned water treatment facility is not anticipated to utilize the entire parcel. If the unused property is not required for future plant expansion. then it can be used as an expansion of Centennial Park. C. Woodburn Transportation Systems Plan (TSP) FINDING: The applicant is proposing to provide the full street improvement required for Parr Road which is classified as a service collector in the TSP. The applicant is requesting an exception to street right of way and improvements requirement for the required right of way to be reduced from 74 feet to 60 feet and the modification of the street cross section for the bike lane to be located to 828 Parr Road Page 9 ,.........."'_...__.,..-....,.,.,,~-'--~.-...._~ .... the south of the sidewalk as has been done on the properties to the east. The exception to street right of way and improvements requirement request is discussed later in this report. Zone Chanae 01-03 A. Woodburn Comprehensive Plan FINDING: Applicable goals and policies have been satisfied through the implementation of the Woodburn Zoning Ordinance and other applicable ordinances in affect at the time of approval. The designated land use for the property is Public Use on the Comprehensive Plan Map which is consistent with the proposed "Public and Semi-Public (P/SP)" zone designation. This approval criterion is met. B. WOODBUftN 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 15.040. Hearing Before the Common Council. If the Common Council so desires, it may hold a public hearing on any proposed Zone Change or reclassification as provided in Chapter 7. Any Zone Change or reclassification of property shall be by ordinance, and shall not be passed until after the conclusion of a public hearing held either by the Planning Commission or Common Council. Denial of a Zone Change or reclassification shall be by motion. The petitioner may present written or oral information to the Common Council at the time the rezone or reclassification is considered. Whenever any change is authorized by the Common Council, the Official Zoning Map shall be changed as provided in Section 4.050. 828 Parr Road Page 10 r--'-"'" ...,.,~." "~",,-,,,-'g..;._,;-..~~", .. FINDING: A zone change is being requested as part of this proposal from Marion County "Urban Transition Farm (UTF)" to City of Woodburn "Public and Semi-Public (P/SP)." The zone change is necessary in order for City zoning to be established on the property once it is annexed from Marion County. This zone designation is compatible with the proposed use on the subject property as well as with the public use designation on the Comprehensive Plan Map. 2. Chapter 16. Comprehensive Plan Map 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: (b) To support a zone change, the applicant shall: (1) Show there is a need for the use proposed; FINDING: The property owner is requesting the annexation and zone change on the subject site so that a 3,800 square foot treatment plant, filters, 80,000 gallon backwash tank, 2,700,000 gallon storage reservoir and 400 square foot well house can be built. The proposed facility is part of the implementation of the capital improvements specified in the city's Water Master Plan. The facility is part of a project that will improve the aesthetic quality of the water through the removal of iron and manganese from the city's water supply. The reservoirs will allow for the water supply system to handle peak demands of water and provide water reserves for an emergency situation. The proposed plant will also ensure that the water supply will comply with new regulations regarding maximum arsenic levels and have the capability to deal with proposed radon limits and other potential changes to the Safe Drinking Water Act. This approval criterion is met. (2) Show that the particular piece of property in question will best meet that need: FINDING: The city's Water Master Plan specifies that one of three required treatment plants has to be located in the south quadrant of the city. The subject site meets this requirement. There is an existing city water supply well on the site that will supply water to the proposed water treatment facility. The subject property is also adjacent to two other public uses, a city park and school. The treatment plant is compatible with these uses 828 Parr Road Page 11 because it is quiet and odor free. A shared driveway access is proposed on the subject site between the treatment facility and Centennial Park, located to the west and south of the subject site, to improve traffic circulation. In addition, if the entire subject site is not utilized by the proposed water treatment facility and future expansion, then there is an opportunity for the western portion of the site to be utilized for an expansion of Centennial Park. This approval criterion is met. Conditional Use 02-08: 1) WOODBURN DEVELOPMENT ORDINANCE Section 5.103.01 Conditional Use A. Purpose. A conditional use is an activity which is permitted in a zone but which, because of some characteristics which are not entirely compatible with other uses allowed in the zone, cannot be permitted outright. A public hearing and review of the proposed conditional use and the imposition of conditions, if necessary, is intended to insure that the use proposed will be as compatible as practical with surrounding uses, and is in conformance with the requirements of the district and with other applicable criteria and standards. Conditions that increase the maximum development standard of the WDO may be imposed without a concurrent variance. Conditions that decrease the minimum standards of a WDO development standard require a concurrent variance. FINDING: The property owner is proposing a 3,800 square foot treatment plant, filters, 80,000 gallon backwash tank, 2,700,000 gallon storage reservoir and 400 square foot well house on the subject site. A government public utility building is a conditional use in the P/SP zone. A public hearing is being held for the review of this application. B. Application Requirements. An application shall include a completed City application form, filing fee, deeds, notification area map and labels, written narrative statement regarding compliance with criteria, location map and the following additional exhibits: 1. Street and Utility Plan; 2. Transportation Impact Analysis (TIA), as applicable; and 828 Parr Road Page 12 ,..... --,....~-~., ~-_.....<. ." 828 Parr Road 3. Site Plan. FINDING: The applicant has submitted all of the above listed items exoept a Transportation Impact Analysis (TIA). There will be a minimal increase in vehicular traffic since only daily maintenance checks will occur on the site. A TIA was not required because the daily maintenance checks required on the subject site will not generate 100 or more additional, peak hour trips, or 1,000 or more additional daily trips, within ten years of the development application. This approval criterion is met. C. Criteria. 1. The proposed use shall be permitted as a conditional use within the zoning district. FINDING: The property owner is proposing a 3,800 square foot treatment plant, filters, 80,000 gallon backwash tank, 2,700,000 gallon storage reservoir and 400 square foot well house on the subject site. A government public utility building is a conditional use in the P/SP zone. This approval criterion is met. 2. The proposed use shall comply with the development standards of the zoning district. FINDING: The proposed development complies with the development standards of the P/SP zone, as discussed throughout this staff report with the exception of a proposed barbed wire fence, a proposed water storage reservoir which exceeds the maximum height requirement and the minimum rear yard setback in the P/SP zone and the dedication of less than the required right of way on Parr Road, a service collector. The applicant is requesting three variances and an exception to the street right of way and improvements requirement as discussed later in this report. This approval criterion is met. 3. The proposed use shall be compatible with the surrounding properties. FINDING: The proposed water treatment facility will be compatible with the surrounding properties based on the discussion of the following considerations. Considerations. Relevant factors to be considered in determining whether the proposed use is compatible include: Page 13 828 Parr Road ~.__.,.....""'._._.._-~..,- ... a. The suitability of the size, shape, location and topography of the site for the proposed use FINDING: The subject site faces onto a service collector street (Parr Road) and is flat in character. There is an existing city water supply well on the site that will supply water to the proposed water treatment facility. A new exit from the existing Centennial Park, to the west of the subject site, will be provided as part of the proposed access drive on the east side of the subject property to improve traffic circulation in the park. The 4.69 acre site is large enough for the proposed water treatment plan facility. If the entire site is not utilized by the proposed water treatment facility and future expansion, then there is an opportunity for the western portion of the site to be utilized for an expansion of Centennial Park. b. The capacity of public water, sewerage, drainage, street and pedestrian facilities serving the proposed use; FINDING: The Public Works Department commented that there is sufficient capacity for all infrastructure in the area to support the proposed project. Water, sewer and storm sewer connections are available on site or on the adjacent city street network and are of sufficient size to handle the additional load placed by this facility. The applicant is proposing a full street improvement on Parr Road, a collector street. The applicant, however, is not proposing to provide the full required right of way on Parr Road adjacent to the subject site. The applicant is requesting an exception to the street right of way and improvements requirement to allow for a reduced right of way on Parr Road. The exception request is discussed later in this report. c. The impact of the proposed use on the quality of the living environment: 1. Noise; FINDING: A noise study was prepared for a treatment facility proposed to be located on the north side of the city in a primarily residential area where noise generation was a concern of the city. A copy of the noise study is attached to Page 14 this report. The study concluded that the normal operation of this type of water treatment plant can be described as very quiet. During standard operations, the noise levels at the receiver property line will be well below the established code limits, and below the existing ambient conditions. During the filter back washing, which happens infrequently every second or third day, the noise levels increase dramatically for a three minute time period. During this time, the blowers release the pressure and excessive noise is generated in the blower room radiating through the air intake louvers and the exhaust fan. The consultants presented recommendations on how to limit the exterior noise levels to below code requirements. One of the recommendations was to schedule the cleaning of the filters during daytime only. After the pressure is released, the back washing of the filters continues for about four more hours during which the noise levels drop well below the code requirements. The properties to the west, south and east that directly abut the subject site are used for a park and school. These uses will not be negatively impacted by the noises generated from the proposed water treatment facility. These uses do not operate during the night hours. 2. Illumination; FINDING: The applicant states that lights will be placed on the subject site for security purposes. The applicant states that the lighting will be directed inward toward the site. A condition of approval is that the applicant provide a lighting plan to the Community Development Department for review and approval. 3. Hours of operation; FINDING: This facility will operate unmanned with operations directed from a central control center. There will be daily maintenance checks of the proposed facility. The adjacent uses, park and school, will not be negatively impacted by the hours of operation because few vehicular trips will be made to the site and no employees will be working permanently on the site. 4. Air quality; 828 Parr Road Page 15 ,.... -_..._~-'-_..~._-,~--_.--_. 828 Parr Road -.-..... ..._-_._.._..--_......-'~.__.~ FINDING: The applicant states that nothing included in the proposed project affects air quality. Small quantities of radon will be released from the reservoir to allow the city to be in compliance with anticipated regulatory levels that are expected to be established under the federal Safe Drinking Water Act of 1996. Regulatory agencies were consulted on potential permitting requirements for the proposed radon reduction operation. It was concluded that no permits will be required. 5. Aesthetics; and FINDING: An earth tone color of paint will be required on the exterior of the proposed facilities so they meld with abutting buildings. A condition of approval is that the applicant shall submit a color elevation of all the proposed facilities for review and approval by the Community Development Director. Landscaping in front of a proposed chain link fence along the north side of the subject site with street trees planted in a planter strip to the north of the fence will be required. The street trees and landscaping will improve the curb appearance of the site. A row of arborvitae will be required along the east and south property lines of the subject site to screen the facility from the park and school to the south and east of the subject site. 6. Vehicular traffic. FINDING: The Public Works Department commented that there will be a minimal increase in traffic since only daily maintenance checks will be made on the subject site. The traffic generated does not require a traffic impact analysis as previously discussed in this report. d. The conformance of the proposed use with applicable Comprehensive Plan policies; and FINDING: A discussion of how this proposal complies with applicable Comprehensive Plan policies was included in the beginning of this report as part of the applicant's annexation request. This approval criterion is met. e. The suitability of proposed conditions of approval to insure compatibility of the proposed use with other uses in the vicinity. Page 16 FINDING: The recommended conditions of approval regarding landscaping, paving, and painting of building exteriors, discussed in this staff report will insure compatibility of the proposed use with the surrounding uses. The applicant states that the conditions related to compatibility with other uses in the vicinity will be complied with. This approval criterion is met. Design Review 02-19: 1) WOODBURN DEVELOPMENT ORDINANCE Section 2.111 Public and Semi-Public (P/SP) Section 2.111.03 Conditional Uses The following uses may be permitted in the P/SP zone subject to the applicable development standards of the WDO and to the conditions of conditional use approval: F. Government and public utility buildings and structures EXCEPT uses permitted in Section 2.111.01 and telecommunications facilities subject to Section 2.204.03. FINDING: The proposed 3,800 square foot treatment plant, filters, 80,000 gallon backwash tank, 2,700,000 gallon storage reservoir and 400 square foot well house are conditional uses in the P/SP zone. A discussion of the proposed use and its compliance with the conditional use criteria was discussed previously in this report. A single family dwelling is currently located on the subject site. This use is not allowed in the P/SP zone. Section 1.104.02 of the WOO states that ".. .the nonconforming use of a building, structure or land shall be considered terminated if the Community Development Director finds the use of the building, structure or land ceased, for any reason, for a continuous period of 6 months..." The applicant has indicated that the single family dwelling has been vacant for more that 6 months. A condition of approval requires that the single family dwelling on the subject site to be removed prior to building permit issuance. Section 2.111.04 Accessory Uses The following uses are permitted as accessory uses subject to Sections 2.202.B. Fence or free standing wall. 828 Parr Road Page 17 FINDING: The applicant is proposing a barbed wire fence to be located around the water treatment facility. Barbed wire is not allowed as a fencing material in the P/SP zone. The applicant has requested a variance to allow for the proposed fence to be constructed with barbed wire. This variance is discussed later in this report. Section 2.111.05 Dimensional Standards The following dimensional standards shall be the minimum requirements for all development in the P/SP zone. A. Lot Standards. Lots in a P/SP zone shall comply with the applicable standards of Table 2.1.19. TABLE 2.1.19 Lot Standards for Uses in a P/SP Zone In a P/SP zone the lot area for a non-residential use shall be adequate to contain all structures within the required setbacks. There shall be no minimum width or depth. FINDING: All of the required setbacks are met except for the required rear yard setback from the proposed water storage reservoir to the south property line. The applicant is proposing a 12 foot rear yard when 36 feet is required for a building more than 28 feet tall. The applicant has submitted a variance application to the rear yard setback which is discussed later in this staff report. B. Building Height. The maximum height of buildings, EXCEPT chimneys, spires, domes, flag poles and other features not used for human habitation (EXCEPT telecommunication facilities), shall be 35 feet. FINDING: The highest height proposed for the treatment plant is 27 feet, for the backwash tank is 27 feet and for the well house is 14 feet which meets the 35 foot maximum height requirement. The water storage reservoir is proposed to be 52 feet in height which exceeds the 35 foot maximum height allowed in the P/SP zone. The applicant has submitted a variance request to allow for an increased height for the proposed water storage reservoir. The variance request is discussed later in this report. C. Setback and Buffer Improvement Standards. 1. Front Yard Setback and Setback Abutting a Street: 828 Parr Road Page 18 -.-,. '~'-""""'.'--"'.- ... 828 Parr Road ,.. -..- -_.. a. Dimensions: The minimum setback abutting a street shall be 20 feet plus any Special Setback, Section 3.103.05. FINDING: The required minimum setback along Parr Road is 20 feet plus the special setback of 37 feet for a total of 57 feet from the centerline. The closest proposed building (well house) on the subject site is 85 feet from the centerline of Parr Road which meets the 57 foot special setback and front yard setback from the centerline of Parr Road. This approval criterion is met. b. Off Street Parking, Maneuvering and Storage: 1) Off street parking and storage shall be prohibited within a required setback. 2) The distance between the sidewalk on a public street and a loading dock shall be sized to preclude vehicles using the dock from projecting over the sidewalk. FINDING: The proposed parking is located 160 feet from the centerline of Parr Road which meets the required 57 foot front yard setback from the centerline of Parr Road. The proposed parking is located 55 feet from the west property line, 130 feet from the east property line, and 295 feet from the south property line which meets the 24 foot interior yard setback (for a parking area). This approval criterion is met. c. Clear Vision Area: Fences, walls, landscaping and signs shall be subject to clear vision area standards, Section 3.103.10. FINDING: No fences, walls, landscaping and signs are proposed to be located in the vision clearance areas. This approval criterion is met. d. Vehicular Access: Permitted in conformance with Section 3.104. FINDING: The applicant is proposing to share access with the park located to the west. Vehicles will enter the existing Centennial Park access and exit the treatment plant site via a one-way driveway on the northeast side of the subject property. Vehicular access is discussed later in this report. Page 19 ,,"" , TABLE 2.1.20 Abutting Property Permitted Use in a P/SP Zone Abutting RS, RIS, RM, CO, P/SP, Existing residential unit. Conditional and/or Accessory Use in a P/SP Zone Abutting: RS, RIS, RM, CO, P/SP Zone; or Existing residential unit. Conditional and/or Accessory Use in a P/SP Zone Abutting: DOC, CG. IP or IL zone. 828 Parr Road ,...'".._... ."._,"- ..... '" 2. Interior Side and Rear Yard Setbacks. a. Development in an P/SP zone shall be subject to the setback and buffer requirements of Table 2.1.20. Interior Yard and Buffer Standards for P/SP Zones Landscaping Wall Interior Setback All interior yards shall be fully landscaped subject to Section 3. 106. No wall required. 20 feet. There is no buffer yard landscaping requirement for an interior yard abutting a buffer wall. Wall requirements shall be determined in conjunction with the applicable Design Review process. 24 fl from any portion of main building 16 ft. or less in height. 30 ft. from any portion of a main building more than 16 ft. and less than 28 ft.in height. 36 ft. from any portion of a main building more than 28 ft. and less than 35 ft. in height. There is no buffer yard landscaping requirement for and interior yard abutting a buffer wall. Wall requirements shall be determined in conjunction with the applicable Design Review process. 20 ft. FINDING: The proposed water treatment facility is a conditional use that abuts properties zoned P/SP. The required interior setback is 24 feet for a building 16 feet or less, 30 feet for a building 16 feet to 28 feet, and 36 feet for a building that is more than 28 feet and less than 35 feet. The proposed well house is 14 feet in height. It is located over 100 feet from the east property line, over 200 feet from the west property line, and over 370 feet from the south property line which meets the 24 foot required interior yard setback. The treatment plant building is 27 feet in height. It is located 95 feet from the east property line, over 200 feet from the west property line and south property line which meets the 30 foot interior setback requirement. The backwash recovery tanks are 27 feet in height. They are located a minimum of 30 feet from the east property line, over 200 feet from the west property line and over 135 feet from the south property line which meets the required 30 foot interior yard setback. The proposed water reservoir is 52 feet tall. It is located 100 feet Page 20 from the east property line, over 200 feet from the west property line and 12 feet from the south property line. The required 36 foot interior yard setback is met from the east and west property lines but not the south property line. The applicant is requesting a variance to allow for a 12 foot setback from the south property line. This variance is discussed later in this report. Table 2.1.20 specifies that the wall requirement shall be determined in conjunction with the applicable Design Review process. A public park abuts the south and west sides of the subject site. A school abuts the east side of the subject site. A wall is not necessary on the south and west property lines of the subject site since the parking lot for the park is located to the south and over 200 feet of land separates the proposed development from the west property line. Access is being shared between the park and the proposed treatment facility and there is an opportunity for the western portion of the subject site to be utilized for an expansion of the park. A wall is also not necessary on the east property line because a vacant field and parking area for the school separate the proposed development from the school buildings. The applicant is proposing arborvitae and fencing on the east and south property lines and trees to the west of the proposed developed area to buffer the proposed use from the adjacent properties. The treatment plant is compatible with the park and school because it is quiet and odor free. b. The building setback from a private access easement shall be a minimum of 5 feet. FINDING: All proposed buildings are located more than 10 feet from the private access on the subject site. This approval criterion is met. Section 2.111.06 Development Standards All development in the P/SP zone shall comply with the applicable provisions of the WDO. The following standards specifically apply to uses in the P/SP zone D. Signs. Signs shall be subject to the Woodburn Sign Ordinance. FINDING: The applicant is not proposing signs at this time. Any signs proposed in the future shall be subject to the Woodburn Sign Ordinance. 828 Parr Road Page 21 f-.'-"'-""'-"- '" E. Landscaping and Sidewalks. 3. Common refuse collection facilities shall be screened on all sides by an architectural block wall and solid gate, both with an anti-graffiti surface, a minimum of six feet and a maximum of seven feet in height. FINDING: Common refuse facilities are not shown on the site plan. Any future common refuse collection facility will be required to meet this requirement. Section 3.101 Street Standards Section 3.101.02 General Provisions B. No access permit shall be issued unless the internal street(s), boundary street(s) and abutting street(s) are constructed pursuant to Section 3.101.02.C, UNLESS or until the applicant has obtained an exception as provided in this section. C. Design and Construction Standards. 1. All public streets under the jurisdiction of the City of Woodburn shall comply with the applicable cross section design standards noted in Section 3.101.03 and construction specifications of the Public Works Department. D. Street Right of Way and Improvement Standards for Development Any development subject to an access permit, Section 3.104, shall be responsible for adequate street rights of way and improvements. The standards of Section 3.101.02.D may only be modified subject to the approval of an exception, Section 5.103.12. In no instance may standards be reduced below specified minimum, non- variable standards... 2. Boundary Street Standard. (Figure 6.12) a. Right of Way Standard. The full right of way for the subject street classification, Section 828 Parr Road Page 22 .......~".- . 828 Parr Road ...---........-.. -..-- ... 3.101.03, shall be required for a boundary street without an approved exception or variance. The minimum standard for a boundary street right of way shall be no less than the width necessary to accommodate the boundary street improvement standard. b. Street Improvement Standard. The full street improvement for the subject street classification, Section 3.101.03, shall be provided for a boundary street without an approved exception or variance. The minimum boundary street improvement standard shall be equivalent to: (1) One, 12 foot wide travel lane in each direction, including curbs in each direction where the classification specifies a maximum standard of two travel lanes; (2) Required drainage facilities; and (3) In addition to the improvements cited in 1) above, the full improvement of the street from the center line to the boundary of the subject property plus any center turn lane as described for the street classification. J. Sidewalks. All sidewalks shall be a minimum of 5 feet wide, excluding the curb, and located one foot from the right of way line EXCEPT in the DOC Zone or as otherwise approved by variance. Section 3.101.03 Right of Way and Improvement Standards (Figure 6.9) A. The street right of way and improvement cross-sectional standards required for development are depicted in the Woodburn Transportation System Plan Figure 30, EXCLUDING: Local Residential WI Parking Both Sides - Page 23 828 Parr Road ~'-- -.,.---..-................,... ................"'~ "Skinny" Street; Local Residential WI Parking One Side - "Skinny" Street; and Local Residential Street WI No Parking. (See Figure 6.6) FINDING: Parr Road abuts the north side of the subject site. The applicant is not proposing to meet the full right of way and street improvements. The applicant is proposing to meet the minimum boundary street improvements required for an exception to the street standards. The applicant is requesting an exception to allow for access permits to be issued without the full street right of way dedication on Parr Road and the modification of the street cross section for the bike lane to be located to the south of the sidewalk as has been done on the properties to the east. The applicant's exception request is described later in this staff report. Section 3.102 Utilities and Easements Section 3.102.01 Water, Sanitary Sewer and Storm Drainage Facilities Municipal water, sanitary sewer and storm drainage facilities shall be installed to applicable Public Works Department and state standards. FINDING: The Public Works Department states in the submitted narrative that".. .there is sufficient capacity for all infrastructure in the area to support the small additional load. Water, sewer and storm sewer connections are available on the site or on the adjacent city street network and are of sufficient size to handle the small additional load placed by this facility..." This approval criterion is met. Section 3.103 Setbacks, Open Space and Lot Standards, Generally Section 3.103.05. Special Street Setbacks B. Setback Requirements. Required setbacks adjacent to a street shall be in addition to the special setbacks required in this Section. The special setback distances shall be measured at right angles to the center line of the original street right of way. C. Special Provisions. Page 24 Buildings, structures and paved surfaces shall not be located within the special setbacks EXCEPT as specifically provided for in the WDO. Any portion of a building or structure lawfully established within a special street setback prior to date of WDO shall be considered a nonconforming structure. A. Special Setback Standards. Special setback standards by street classification are established in Table 3.1.1. The special setback standards shall be applied to streets within the City of Woodburn as functionally classified in the Woodburn Transportation System Plan. TABLE 3.1.1 Special Setback Standards by Street Classification WTSP Functional Classification Special Setback from Center Une Major Arterial 50 feet Minor Arterial 37 feet Service Collector 37 feet Access Street with Parking or Golf 35 feet Carts Access Street with Bike Lanes 30 feet FINDING: Parr Road is classified as a Service Collector in the Woodburn Transportation System Plan (TSP). The Special setback from the center line is 37 feet plus the required 20 foot front yard setback in the P/SP zone which totals 57 feet. The closest proposed building (well house) on the subject site is 85 feet from the centerline of Parr Road which meets the 57 foot front yard setback from the centerline of Parr Road. These approval criteria are met. Section 3.104 Access Section 3.104.01 Applicability A. Street Access Required. 1. Every lot shall have direct access to an abutting public street or to a public street by an irrevocable access easement. 828 Parr Road Page 25 ,.....-......-.. ....<...-"~,-"- ... 828 Parr Road r"- .---.--............... ,. 2. Every joint driveway or cross connection between separate lots shall be established by an irrevocable access easement. FINDING: The applicant is proposing shared access with Centennial Park located to the west of the subject site. Vehicles will enter the existing Centennial Park access and exit the treatment plant site via a one-way driveway to improve vehicle circulation in the park. This approval criterion is met. B. Access to City Streets, Permit Required. 1. A City permit shall be required for any new or modified vehicular access to a street that is under City jurisdiction. The following types of access shall be subject to such a permit: a. Site access to and/or from a City street; b. An extension of an existing City street; or c. A new public or private street connecting to a City street. FINDING: An access permit will be required for the proposed new access on Parr Road prior to the issuance of a building permit 2. A Traffic Impact Analysis (TIA) may be required by the Public Works Director prior to the approval of a City access or street construction permit when the Director estimates a development proposal may generate either 100 or more additional, peak hour trips, or 1,000 or more additional daily trips, within ten years of a development application. A TIA shall evaluate the traffic impacts projected of a development proposal and the estimated effectiveness of potential traffic impact mitigation measures. The methodology for a TIA shall be consistent with Public Works Department guidelines. FINDING: The Public Works Department commented that there will be a minimal increase in traffic since only daily maintenance checks will be made on the subject site. The Page 26 828 Parr Road traffic generated does not require a traffic impact analysis as previously discussed in this report. This approval criterion is met. Section 3.104.03 Driveway Access Guidelines, Type II and III Applications A. Guidelines for the Number and Location of Driveways, Type II and Type III Applications. 3. Cross Connections. a. Similar, and/or compatible, uses on abutting lots should have interconnected on-site access and parking facilities. Such shared facilities serving properties under separate ownership shall be subject to legal documentation, to the satisfaction of the City Attorney, establishing permanent use of the access and parking facilities. The agreement shall be recorded with the County Recorder and filed with the Community Development Director. FINDING: The applicant is proposing shared access with Centennial Park located to the west of the subject site. Vehicles will enter the existing Centennial Park access and exit the treatment plant site via a one-way driveway. An irrevocable access easement will not be required for the shared access because the abutting lots are under the same ownership. This approval criterion is met. 5. Dysfunctional or unused driveways should be closed. FINDING: Three existing driveways are located on the subject site. Two of the driveways serve a single family home which is conditioned to be removed. These driveways will also be conditioned to be removed prior to the issuance of final occupancy because they will no longer be needed. The third driveway is not shown as being utilized on the submitted site plan. It shall also be removed prior to the issuance of the final occupancy. B. Driveway Spacing Guidelines, Type II and III Applications. Page 27 828 Parr Road -_. _.._"...-~--_.~.----..._" . The minimum separation of a driveway from: a) the special setback of a parallel major street, b) the right of way of a parallel local street, or c) a from another driveway should be as follows. a) Major Arterial Street: 300 feet; b) Minor Arterial Street: 245 feet; and c) Service Collector, Access or Local Street: 50 feet EXCEPT where pre-existing conditions preclude such separation the separation should be maximized. FINDING: A new access (exit only) to the subject site is proposed on Parr Road which is classified as a service collector in the TSP. The proposed access is located over 200 feet from the west property line and over 50 feet from the nearest driveway located on the adjacent property to the east. This approval criterion is met. Section 3.104.02 Driveway and Drive-Through Measurements and Dimensions A. Driveways Crossing a Setback. The portion of a driveway crossing a setback shall be perpendicular to the setback lines. FINDING: The front yard setback in the P/SP zone is 20 feet from the front property line. The proposed new driveway access on Parr Road has a throat length of 30 feet that is perpendicular to the front yard setback line. This approval criterion is met. 3.104.05 Driveway Dimension and Improvement Standards, Type I, II and III Applications E. Commercial and Industrial Use. 1. Paved Two-way Driveway Width. a. With no turn lane: Throat and travel lane width 26 feet minimum, 36 feet maximum. ("No parking" restrictions shall be posted by the owner.) FINDING: The applicant is proposing a new 16 foot wide one-way driveway access on Parr Road (service collector). The WOO does not have a one-way driveway width standard for a commercial or Page 28 828 Parr Road ,....'-_._,.._-~-- .~ industrial use. A one-way driveway for a multi-family use is required to be a minimum of 12 feet with no parking restrictions posted by the owner. The 16 foot one-way driveway proposed on Parr Road for this water treatment facility project should work using the above stated standard as a minimum driveway width guideline. F. Improvement Standards 1. Drainage shall be subject to Department of Public Works policies and standards. FINDING: The applicant states in the submitted narrative that ".. .all water, sanitary sewer and storm drain connections will be to city standards. Any required easements will be provided..." This criterion will be met. 2. Paved Surface. a. The portion of driveway within the public right of way: Portland cement concrete. b. The portion of driveway on private property: Portland cement concrete or asphalt. FINDING: The proposed driveway will be required to meet this standard. Section 3.105 Off Street Parking and Loading Section 3.105.01 Applicability The provisions of this Section shall apply to the following types of development: A. New Building or Structure. All requirements and standards of Section 3.105 shall apply to any new building or structure erected after the effective date of the WDO. FINDING: The proposed water treatment use is not listed in Table 3.1.2 in regard to a required parking ratio. The proposed use is listed in Table 3.1.3 in regard to a required loading space. B. Expansion or Change of Use. Page 29 828 Parr Road Any additional parking and/or loading required by the WDO to accommodate a change in use, or expansion of an existing use shall be subject to the following. 1. Applications subject to Type III Design Review, Section 5.103.02, shall conform all parking, loading and landscaping for the subject use to the standards of the WDO. FINDING: The proposed use on the subject site shall conform to all parking, loading and landscaping because the proposed water treatment facility is subject to the Type III Design Review process. 3.105.02 General Provisions for Off Street Parking and Loading E. Off Street Vehicle Parking Requirements. 1. Off street vehicle parking spaces shall be provided in amounts not less than those set forth in Table 3.1.2. FINDING: The proposed water treatment facility is a use that is not listed in Table 3.1.2 in regard to a required parking ratio. The applicant is proposing four parking spaces (one of which is a handicap accessible parking space) to the north of the proposed treatment building. The proposed four spaces will be adequate for the proposed use since no full time employees will be located on the site. Only daily maintenance checks will be made a few times a day. In addition, no public access is being proposed for the treatment facility. 3. The number of disabled person vehicle parking spaces shall be provided to the standards of the state Building Code and applicable federal standards. The number of disabled person vehicle parking spaces shall be included as part of total required vehicle parking spaces. FINDING: One disabled person vehicle parking space is required per the Building Code. The applicant is proposing one disabled vehicle parking space. This approval criterion is met. G. Off Street Loading Requirements. 1. Off street loading spaces shall comply with the dimensional standards and amounts not less than those set forth in Table 3.1.3. Page 30 828 Parr Road . 2. The off street loading facilities shall be on the same lot, or site, as the use or structure they are intended to serve. Required loading spaces and required parking spaces shall be separate and distinct. FINDING: The proposed buildings (treatment building and well house) total 4,200 square feet. Table 3.1.3 requires one loading space for 0-9,999 sfgfa with a width of 12 feet, length of 30 feet and height of 14 feet. The applicant is proposing three loading areas on the subject site, to the east of the well house and north and south of the treatment building. The proposed loading areas to the north and south of the treatment building are 14 feet wide and 35 feet long and 12 feet wide by 50 feet long. The proposed loading area to the east of the well house is 30 feet wide and 30 feet long. All of these loading areas exceed the 12 foot wide and 30 foot long dimension requirement. This approval criterion is met. H. On-site Vehicle Parking and Loading Area Improvement Requirements. 1. Surfacing. All vehicle parking and loading areas shall be paved with asphalt, concrete or other hard surfacing approved by the Public Works Director. FINDING: The applicant is proposing to pave the vehicle and loading areas. A condition of approval is that all vehicle parking and loading areas shall be paved. This approval criterion is met. 2. Drainage. All vehicle parking and loading areas shall be graded and provide storm drainage facilities approved by the Public Works Director. FINDING: A condition of approval is that all vehicle parking and loading areas shall be graded and provide storm drainage facilities approved by the Public Works Director. Bumper Guards and Wheel Barriers. All vehicle parking spaces, EXCEPT those for single family and duplex dwellings, shall be constructed with bumper guards or wheel barriers that prevent vehicles from damaging structures or projecting over walkways, access ways or abutting property or rights of way. Page 31 ~......-~ , 828 Parr Road FINDING: Bumper guards are required for the proposed 4 parking spaces to the north of the treatment building because they would project over the 5 foot sidewalk without them. 4. Size of Vehicular Parking Spaces and Maneuvering Areas within Off Street Parking Areas. a. Off street vehicle parking spaces and maneuvering areas, EXCEPT those for single family and duplex dwellings and those for disabled persons, within off street parking areas shall be designed in compliance with Table 3.1.4. Three or more off street parking spaces provided subject to Table 3.1.4 shall be designed so that no backing or maneuvering within a public street right of way is required. FINDING: The applicant is proposing 3 parking spaces (excluding the handicap accessible parking space) that are subject to the dimensions specified in Table 3.4.1. The proposed spaces are 9 feet wide and 20 feet long which meet the 9 foot wide and 19 foot long requirement. This approval criterion is met. c. Off street parking for disabled persons shall be designed to the standards of the state Building Code and applicable federal standards. FINDING: The applicant is proposing one disabled persons vehicular parking space. A condition of approval is that this space shall be designed to the standards of the state Building Code and applicable federal standards. This approval criterion will be met. 5. Directional Marking. EXCEPT for vehicle parking areas for single family and duplex dwellings, off street parking and maneuvering areas shall have directional markings and signs to control vehicle movement. FINDING: A condition of approval is that the applicant shall show markings and signs on a revised site plan for review and approval by the Community Development Director prior to building permit issuance. 6. Space Marking. EXCEPT for vehicle parking areas for single family and duplex dwellings, off street parking Page 32 828 Parr Road ,....."~. "'~~'"---"~- " spaces shall be delineated by double parallel lines on each side of a space. The total width of the lines shall delineate a separation of 2 feet. FINDING: A condition of approval is that the applicant shall revise the parking on the site plan to show double parallel lines on each side of a parking space. The total width of the lines shall delineate a separation of 2 feet. 8. Outdoor Lighting. EXCEPT for vehicle parking areas for single family and duplex dwellings, all outdoor lighting shall be designed so as not to shine or reflect into any adjacent residentially zoned or used property, and shall not cast a glare onto moving vehicles on any public street. FINDING: The applicant states that lights will be placed on the subject site for security purposes. The applicant states that the lighting will be directed inward toward the site. A condition of approval is that the applicant shall submit a lighting plan for review and approval by the Community Development Director prior to issuance of the building permit to ensure that this standard is met. 9. Landscaping. EXCEPT for vehicle parking spaces for single family and duplex dwellings, all parking areas shall be landscaped to the standards of Section 3.106. FINDING: The applicant is proposing to landscape the areas adjacent to the proposed parking and loading areas. This approval criterion is met. Section 3.106 Landscaping Standards 3.106.01 Applicability The provisions of this section shall apply: D. To the site area for all new structures and related parking EXCLUDING single-family and duplex dwellings and accessory structures; and E. To the entire site area of the development, where the cumulative effect of additions to structures and/or parking areas increases the total area covered by structure and parking by 50 percent or more than existed at the date of the WDO adoption. Page 33 828 Parr Road _......---'-' FINDING: The proposed water treatment facility is subject to the landscaping requirements in this section of the WDO. 3.106.02 General Requirements 1) Landscaping and Irrigation Plans Required. Building plans for all uses subject to landscaping requirements shall be accompanied by landscaping and irrigation plans to City standards. FINDING: The applicant submitted a Planting Plan that shows the proposed landscaping. This approval criterion is met. 2) Irrigation. All required landscaped areas shall be permanently irrigated unless a planting plan without irrigation is submitted by a licensed landscape architect or a licensed nursery person demonstrating that the proposed landscaping will thrive without irrigation. FINDING: Irrigation will be required on the subject site. Irrigation information will be required to be shown on the final landscaping plan. 3) Plant Materials. All shrubs and ground cover shall be of a size upon installation so as to attain 80% of ground coverage within 3 years. FINDING: A condition of approval is that all shrubs and ground cover shall be of a size upon installation so as to attain 80% of ground coverage within 3 years. 4) Installation of Plant Materials and Irrigation. Installation of plant materials and irrigation specified in an approved landscaping plan shall occur at the time of development and shall be a condition of final occupancy. Should site conditions or seasonal conditions make immediate installation impractical, an acceptable performance guarantee may be approved subject to Section 4.102.07. FINDING: A condition of approval specifies that the applicant shall comply with the approved Planting Plan date stamped 12/16/02. 5) Maintenance. Page 34 828 Parr Road ,................ _...,.__._-~,..- "'----.-- The property owner shall be responsible for maintaining all landscaping in good condition so as to present a healthy and orderly appearance. Unhealthy and dead plants shall be removed and replaced in conformance with the original landscape plan. FINDING: This requirement is a condition of approval. 3.106.03 Landscaping Standards A. Streetscape. 1. Street Trees. Within the public street right of way abutting a development, or within an alley right of way in the DOC zone, street trees shall be planted to City standards prior to final occupancy. a. Acceptable Types of Trees. See Section 6.103 for a description of acceptable and unacceptable trees for this purpose, classified by size and species. b. Tree Density. Trees shall be planted at the following intervals within the right of way, subject to Clear Vision Area standards, Section 3.103.10 and Section 6.103: (1) Four (4) small trees per 100 feet of street frontage; (2) Three (3) medium trees per 100 feet of street frontage; or (3) Two (2) large trees per 100 feet of street frontage. FINDING: The applicant is proposing 3 large trees along Parr Road (200 feet of street frontage abutting the proposed development area of the site). An additional large tree is required. A condition of approval is that applicant revise the landscaping plan to show shrubs in front of the proposed chain link fence along with street trees located on the north side of the fence. The required number and spacing of street trees will be required to comply with the standard listed above. 2. Front Yard and Yard Abutting a Street. Page 35 828 Parr Road a. Landscaping Density for non-residential uses in the RS and R1S zone and all uses in the RM, P, IL and IP zones. All front yards and yards abutting a street shall be landscaped at a density of one (1) plant unit (PU) per 20 sq. ft. FINDING: The applicant has shown landscaping 20 feet from the property line along the entire frontage of the proposed developed area of the subject site. This approval criterion is met. B. Buffer Yards. All buffer yards shall be landscaped at the rate of one (1) plant unit (PU) per 20 sq. ft. EXCEPT for interior buffer yards abutting a wall which are paved and which may be used for parking or site access and vehicular circulation. FINDING: The buffer yards for the project are located on the south, west and east sides of the proposed development. The amount of landscaping in the buffer yard necessary for this development is determined as part of the design review process. Parking lots are located to the south and east of the subject site. Over 200 feet of land separates the proposed use from the park use to the west of the subject site. The applicant is proposing that the rear yard setback on the south side of the property be landscaped with lawn, shrubs and trees. A row of arborvitae is required to be planted along the south property line as a condition of approval to further screen the proposed development on the subject site from the park use to the south. The applicant is proposing an access road on the east side of the site with lawn, shrubs and trees to be planted west of the access road and east of the proposed buildings and structures. A row of arborvitae is also required to be planted along the east property line as a condition of approval to further screen the proposed development on the subject site from the adjacent school use to the east. A fenced-in field further separates the subject site from the school parking area. The applicant has shown lawn and a row of alder trees along the west side of the proposed buildings and structures on the submitted planting plan. This landscaping and the over 200 feet of separation between this use and the park use to the west will provide an adequate buffer between the two uses. This approval criterion is met. C. Off Street Parking Areas. Page 36 828 Parr Road -r'-" .,...._.~- .. FINDING: The applicant is proposing landscaping around the parking area and all of the loading areas. One tree is being provided adjacent to the proposed 4 parking spaces which meets the minimum requirement of 1 small tree per 5 parking spaces. This approval criterion is met. Section 3.106.05 Planting Standards C. Curbs. A six-inch concrete curb shall be provided between a landscaped area and a parking area or access way. FINDING: A condition of approval is that a six-inch concrete curb shall be provided between a landscaped area and a parking area or access way. Section 3.107 Architectural Design Guidelines and Standards 3.107.06 Guidelines and Standards for Non-Residential Structures in RS, R1S, RM, CO, CG and P/SP Zones A. Applicability. The following design guidelines shall be applicable to all non- residential structures and buildings in the RS, R1 S, RM, CO, CG and P zones. B. Architectural Design Guidelines. 1. Mass & Bulk Articulation Guidelines. a. Building facades visible from streets and public parking areas should be articulated in order to avoid the appearance of box-like structures with unbroken wall surfaces. b. The appearance of exterior walls should be enhanced by incorporating three dimensional design features, including the following: 1 )Public doorways and/or passage ways through the building. 2)Wall offsets and/or projections. Page 37 828 Parr Road ~_.^ ...._.'-- -- ... 3)Variation in building materials and/or textures. 4)Arcades, awnings, canopies and/or porches. 2. Materials and Textures Guidelines. a. Building exteriors should exhibit finishes and textures that reduce the visual monotony of bulky structures and large structural spaces; enhance visual interest of wall surfaces and harmonize with the structural design. b. The appearance of exterior surfaces should be enhanced by incorporating the following: 1. At least 30% of the wall surface abutting a street should be glass. 2. All walls visible from a street or public parking area should be surfaced with wood, brick, stone, designer block, or stucco or with siding that has the appearance of wood lap siding. 3. The use of plain concrete, plain concrete block, corrugated metal, plywood, T -111 and sheet composite siding as exterior finish materials for walls visible from a street or parking area should be avoided. 4. The color of at least 90 percent of the wall, roof and awning surface visible from a street or public parking area should be an "earth tone" color containing 10 parts or more of brown or a "tinted" color containing 10 parts or more white. Flourescent, "day-glo," or any similar bright color should not be used on the building exterior. FINDING: The proposed 400 square foot well house has a box like appearance and no windows. The proposed treatment facility has an awning and split roof line that prevent it from having a box-like appearance. The treatment facility has one window on the north elevation facing the street which accounts for 2% of the wall surface which does not meet the Page 38 828 Parr Road .,...'-_. ,....^...........,--_........----.........~........--~~' recommended 30% of window coverage on the wall surface facing the street. Each of the proposed buildings will house equipment to be used to run the water treatment facility. Windows have been minimized so that sound generated from the equipment can be minimized and security of the buildings enhanced. A condition of approval is that landscaping, including shrubs and trees, be planted to north of the proposed well house to provide a visual screen of the treatment facilities from Parr Road. Landscaping and a row of arborvitae are required to be planted on the south and east property lines to provide a visual screen of the proposed water treatment facilities from the abutting park and school uses. The applicant is also required to submit a color elevation of all the proposed facilities for review and approval by the Community Development Director. Staff will require the color of paint on the treatment facilities to meld with the surrounding uses. 3. Multi-planed Roof Guidelines. a. The roof line at the top of a structure should establish a distinctive top to the building. b. The roof line should not be flat or hold the same roof line over extended distances. Rather the roof line should incorporate variations, such as: 1. Offsets and/or jogs in the plane of the roof. 2. Changes in the height of the exterior wall for flat roof buildings, including parapet walls with variations in elevation and/or cornices. FINDING: The proposed well house and treatment plant have variations in the roof line. This approval criterion is met. 4. Roof Mounted Equipment Guidelines. All roof mounted equipment, EXCEPT solar collectors, should be screened from view from streets abutting the building site by: a. Locating roof mounted equipment below the highest vertical element of the building; or Page 39 828 Parr Road -,...,.__..._._........._..__.._~~_.._._..._--- ~ b. Screening roof top equipment using materials of the same character as the structure's basic materials. FINDING: Roof mounted equipment is located on the well house and not on the treatment facility. A removable roof hatch will block the view of the roof mounted equipment from Parr Road. This approval criterion is met. 5. Weather Protection Guidelines. All building faces abutting a street or a public parking area should provide weather protection for pedestrians. Features to provide this protection should include: a. A continuous walkway at least 8 feet wide along the face of the building utilizing a roof overhang, arcade, awnings and/or canopies. b. Awnings and canopies that incorporate the following design features: 1. Angled or curved surfaces facing a street or parking area. 2. A covering of canvas, treated canvas, awning fabric, or matte finish vinyl. 3. A constant color and pattern scheme for all buildings within the same development. 4. No internal back lighting. FINDING: The well house and treatment facility do not meet the above recommended standards. Both facilities will house the water treatment equipment. The only people visiting the site will be maintenance check personnel. Thus, weather protection guidelines are not needed. 6. Landscaping and Screening Guidelines. The landscaping required by the standards of the WDO should be augmented to address site specific visual impacts of abutting uses and the visual character of the surrounding area. FINDING: Landscaping will be required on the north side of the site to screen the water treatment facilities from the street. A row of arborvitae and additional landscaping will be required on the west Page 40 and south property lines (adjacent to this development) to screen the subject site from the park and school uses to the west and south. Over 200 feet of land separates the developed area of this site with the property to the west. A row of trees and additional landscaping are proposed on the west side of the development to screen the proposed development from the park use to the west. This approval criterion is met. 8. Buffer Wall. A solid brick or architectural wall with anti- graffiti surface, no less than 6 feet or greater than 7 feet in height: a. Should be constructed on the perimeter property line of non-residential development to mitigate adverse visual, noise and/or light impacts on the abutting use when no comparable buffer exists, and b. Shall be constructed where the standards of the underlying zone require such a wall for a non- residential use in, or abutting, a RS, R1S, or RM zoning district. FINDING: The P/SP zone does not require a buffer wall for the proposed project. 9. Sidewalk Location and Street Trees. Sidewalks should be located at the property line along streets with street trees, Section 3.106. FINDING: Sidewalk placement will match the existing sidewalk pattern along Parr Road. 10. Solar Access Protection. Obstruction of existing solar collectors on abutting properties by site development should be mitigated. FINDING: properties. Proposed buildings will not overhang on abutting C. Site and Building Access Guidelines. 1. Access to and from the site and circulation within the site should separate facilities for cars, trucks and transit from those for bicycles and pedestrians. 828 Parr Road Page 41 828 Parr Road r-". '!' FINDING: Pedestrians would not be able to access the water treatment facilities due to security fencing. Thus, the access on the site does not need to separate pedestrian and vehicles. 2. Site access in compliance with Section 3.104 should be augmented by the following considerations: a. Vehicle Access. 1. Vehicle access points should be identified by accentuated landscaped areas, by entrance throats designed to control access from abutting parking and by monument type entrance signs. 2. New parking lots abutting major streets should connect internally with the parking lots of abutting commercial uses or land zoned for commercial use. FINDING: The vehicle access is proposed to be landscaped where it connects with Parr Road. The proposed vehicle access on the east side of the site connects with the property located to the south and west of the subject site for shared access. This approval criterion is met. c. Pedestrian Access and Circulation. 1. The buildings should be linked to the sidewalks on abutting streets by internal pedestrian ways. Such pedestrian ways should be either raised or delineated by distinctive pavers. FINDING: The treatment facilities will be enclosed by security fencing so access to the site will be from staff performing maintenance checks and not by pedestrians. Pedestrian access is not necessary. D. Building Location Guidelines. Within the prescribed setbacks, building location and orientation should compliment abutting uses and development patterns. FINDING: Landscaping is being required on the north side of the site to screen the water treatment facilities from the street. A row of Page 42 arborvitae will be required on the west and south property lines (adjacent to this development) to screen the subject site from the uses to the west and south. Over 200 feet of land separates the developed area of this site with the property to the west. E. Parking Location Guidelines. Off street parking between the architectural front of a building and the setback line abutting street should be limited to a depth of not more than 130 feet. FINDING: The well house is the closest building proposed to Parr Road. A loading area is shown as extending 5 feet in front of this building which complies with this standard. A parking area shown to the north of the treatment plant is more than 130 feet from Parr Road. This parking area is, however, screened from Parr Road by proposed trees and the well house to the north. F. Design Standards. 1. Outdoor Storage Standards. Outdoor storage, when permitted, shall be screened from the view of abutting streets by a solid brick or architectural block wall not less than 6, nor more than 9 feet in height. FINDING: No outdoor storage is being proposed. 2. Outdoor Lighting Standards. All outdoor lighting shall be designed so that: 1. Parking areas are evenly illuminated at ground level at one foot candle; 2. Entrance and loading areas are illuminated at ground level of two foot candles; 3. Illumination does not shine or reflect into any adjacent residentially zoned or used property; and 4. Lighting does not cast a glare onto moving vehicles on any public street. FINDING: This is a condition of approval. Section 5.103.02 Design Review for All Structures 1000 Sq. Ft. OR MORE 828 Parr Road Page 43 .,....._"._~"..._----......~ B. Application Requirements. An application shall include a completed City application form, filing fee, deeds, notification area map and labels, written narrative statement regarding compliance with criteria, location map and the following additional exhibits: 1. Street and Utilities Plan, as applicable; 2. Site Design Plan; 3. Grading Plan; 4. Architectural drawings (plan view and elevations) and materials sample board; and 5. Traffic Impact Analysis, as may be required in compliance with Section 3.104.01.8.2. FINDING: The applicant submitted all of the applicable items listed above. This approval criterion is met. C. Criteria. The criteria are pursuant to the standards and guidelines of Section 3.1. and other applicable sections of the WDO. FINDING: The compliance of the applicant's proposal with the applicable standards and guidelines of the WOO is discussed throughout this report. This approval criterion is met. 2) WOODBURN TRANSPORTATION SYSTEM PLAN (TSP) FINDING: Parr Road is classified as a Service Collector in the Woodburn Transportation System Plan (TSP) which has a required cross section that includes a 74 foot of right of way, 48 foot improved surface, 4.5 foot planter strips and 6 foot sidewalks on both sides. Adjacent to the proposed water treatment plant the existing right of way is 60 feet in width and the street width is approximately 22 feet with no curbs and no improved drainage. A ten-foot sidewalk/bike lane has been installed on the south side of the subject property, extending to the west boundary of Centennial Park, located adjacent to the proposed water treatment plant development. The recently improved portion of Parr Road to the east of the water treatment plant development has been modified in regard to the dimensions of the TSP cross section. The improvement does provide the required elements of a turn lane, travel lanes, bike lane and sidewalks. 828 Parr Road Page 44 "1-~^ .^---~ - --- " The major difference is that the bike lane has been removed from the street surface and placed to the south of the sidewalk to protect bicyclists from cars on the road surface. Parr Road to the east of the water treatment plant development provides a 39 foot improved surface providing two travel lanes and one turn lane. There is a 3-foot planter strip and a five foot sidewalk provided. The applicant is requesting an exception to allow for the required right of way to be decreased from 74 feet to 60 feet and allow for the street cross section to be modified so that it is consistent with the street improvement to the east. The exception is discussed later in this report. Variance 03-03: The applicant is proposing a barbed wire fence to be located around the water treatment facility. Barbed wire is not allowed as a fencing material in the P/SP zone per Section 2.202.03.D of the WDO. The applicant has requested a variance to allow for the proposed fence to be constructed with barbed wire. 1) WOODBURN DEVELOPMENT ORDINANCE Section 5.103.11 Variance B. Application Requirements. An application shall include a completed City application form, filing fee, deeds, notification area map and labels, written narrative statement regarding compliance with criteria, location map and the following additional exhibits: 1. Street and Utility Plan as applicable; and 2. Site Plan FINDING: The applicant submitted the required application materials. This criterion is met. c. Criteria. A determination of whether the criteria set forth are satisfied necessarily involves the balancing of competing and conflicting interest. The factors that are listed to be considered are not criteria and are not intended to be an exclusive list. The factors to be considered are used as a guide in deliberations on the application. FINDING: This variance should not be approved because it did not meet the following considerations discussed below. 828 Parr Road Page 45 r"'-'" - ..,.~"-"._., -.-,. , 828 Parr Road ,....--- 1. The variance is necessary to prevent unnecessary hardship relating to the land or structure which would cause the property to be un buildable by application of the WDO. Factors to consider in determining whether hardship exists, include: a. Physical circumstances over which the applicant has no control related to the piece of property involved that distinguish it from other land in the zone, including but not limited to lot size, shape, topography. b. Whether reasonable use similar to other properties can be made of the property without the variance. c. Whether the hardship was created by the person requesting the variance. FINDING: The property owner, for the water treatment and storage facility on Parr Road, is requesting a variance to allow for the installation of a six (6) foot chain link fence with barbed wire on the top around the treatment and storage facility to enhance the security of the facility in the interest of public safety. The proposed water treatment facility needs to be secured to prevent unauthorized entry and possible contamination of the City's water supply. The City Council is not convinced that an alternate design, which is more compatible with the surrounding uses, could not be developed. A condition of approval is that proposed fencing shall be approved by the Planning Commission in a subsequent Planning Commission meeting since more time is required to develop ideas about alternative types of security fencing that are more aesthetically pleasing. 2. Development consistent with the request will not be materially injurious to adjacent properties. Factors to be considered in determining whether development consistent with the variance materially injurious include but are not limited to: a. Physical impacts such development will have because of the variance, such as visual, noise, traffic and drainage, erosion and landslide hazards. Page 46 b. Incremental impacts occurring as a result of the proposed variance. FINDING: The proposed barbed wire would not be aesthetically pleasing or meld with the character of the area. The City Council is not convinced that an alternate design, which is more compatible with the surrounding residential uses, could not be developed. A condition of approval is that proposed fencing shall be approved by the Planning Commission in a subsequent Planning Commission meeting since more time is required to develop ideas about alternative types of security fencing that are more aesthetically pleasing. 3. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected because of the variance. FINDING: The proposed fencing will not impede traffic on the subject property because it is located to the west of the proposed access road on the east side of the subject property. Drainage and land forms will not be affected by the proposed fencing material. 4. The variance is the minimum deviation necessary to make reasonable economic use of the property; FINDING: Fencing on the site is critical to the security of these facilities. The City Council is not convinced that an alternate design, which is more compatible with the surrounding residential uses, could not be developed. A condition of approval is that proposed fencing shall be approved by the Planning Commission in a subsequent Planning Commission meeting since more time is required to develop ideas about alternative types of security fencing that are more aesthetically pleasing. 5. The variance does not conflict with the Woodburn Comprehensive Plan. FINDING: The Woodburn Development Ordinance implements the goals and policies in the Woodburn Comprehensive Plan. The applicant has not proven that an alternative fencing which would be more compatible with the surrounding uses could not be utilized to protect the water treatment facilities. Variance 03-04: 828 Parr Road ,... Page 47 Section 2.111.05.8 of the Woodburn Development Ordinance (WOO) states that the maximum height of a building in the P/SP zone is 35 feet. The property owner is requesting a variance to allow for a proposed 52 foot high water storage reservoir, located on the south side of the site, to exceed this standard. 1) WOODBURN DEVELOPMENT ORDINANCE Section 5.103.11 Variance B. Application Requirements. An application shall include a completed City application form, filing fee, deeds, notification area map and labels, written narrative statement regarding compliance with criteria, location map and the following additional exhibits: 1. Street and Utility Plan as applicable; and 2. Site Plan FINDING: The applicant submitted the required application materials. This criterion is met. c. Criteria. A determination of whether the criteria set forth are satisfied necessarily involves the balancing of competing and conflicting interest. The factors that are listed to be considered are not criteria and are not intended to be an exclusive list. The factors to be considered are used as a guide in deliberations on the application. This variance should be approved because it met the following considerations discussed below. 1. The variance is necessary to prevent unnecessary hardship relating to the land or structure which would cause the property to be unbuildable by application of the WDO. Factors to consider in determining whether hardship exists, include: a. Physical circumstances over which the applicant has no control related to the piece of property involved that distinguish it from other land in the zone, including but not limited to lot size, shape, topography. b. Whether reasonable use similar to other properties can be made of the property without the variance. 828 Parr Road Page 48 ...----- ~- l' 828 Parr Road '~_"M_'____._ " c. Whether the hardship was created by the person requesting the variance. FINDING: The water treatment and storage facility on Parr Road will contain a 2,700,000 gallon water storage reservoir. This reservoir will be 107 feet in diameter and approximately 49.5 feet high at the crown. The reservoir will be constructed on a slightly elevated base making the crown approximately 52 feet above the predominate surface elevation surrounding the reservoir location. There are structural considerations related to roof span and support that restrict the diameter of steel tanks. The tank could be built with a larger diameter and reduced height but elaborate and expensive roof support structures would have to be used. The large storage volume of the tank requires circulation systems to be installed to insure that water mixes properly and does not stagnate in certain areas of the tank so that fresh water is delivered to city residents. Larger diameter tanks than the one proposed require elaborate circulation systems that often do not consistently provide the desired mixing to maintain a fresh water supply. 2. Development consistent with the request will not be materially injurious to adjacent properties. Factors to be considered in determining whether development consistent with the variance materially injurious include but are not limited to: a. Physical impacts such development will have because of the variance, such as visual, noise, traffic and drainage, erosion and landslide hazards. b. Incremental impacts occurring as a result of the proposed variance. FINDING: The water storage reservoir is located on the south side of the subject site, adjacent to Centennial Park, approximately 365 feet from the centerline of Parr Road. The water storage reservoir was located as far as possible from Parr Road to minimize its visual impact from the road and the property to the north of the subject site which is designated on the Woodburn Comprehensive Plan as residential greater than 12 units per acre. It also had to be located on the rear of the site to allow for other water treatment facilities (and access to them) to be located closer to Parr Road. Page 49 828 Parr Road ..,....,-~..,...._----... .~ Centennial Park, which is also owned by the city, is located to the south of the proposed water storage reservoir. A parking lot for the park is located directly adjacent to the subject site. The height of the water storage reservoir will not negatively impact the parking lot use to the south. A school is located to the east of the subject site. A vacant field (directly adjacent to the east property line of the subject site), a school access road and parking area are located adjacent to the east property line. The height of the water storage reservoir will not negatively impact the school because the vacant field, school parking area and access road provide a physical separation of the school buildings from the east property line of the subject site. In addition, the two story school building has a scale similar to the storage reservoir. The applicant is also required to provide staff with a color plan for the storage reservoir as a condition of approval so that a color can be approved that helps meld this structure with the surrounding properties. 3. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected because of the variance. FINDING: There are no physical or natural systems that are affected. 4. The variance is the minimum deviation necessary to make reasonable economic use of the property; FINDING: There are structural considerations related to roof span and support that restrict the diameter of steel tanks. The tank could be built with a larger diameter and reduced height but elaborate and expensive roof support structures would have to be used. The large storage volume of the tank requires circulation systems to be installed to insure that water mixes properly and does not stagnate in certain areas of the tank and that fresh water is delivered to city residents. Larger diameter tanks than the one proposed require elaborate circulation systems that often do not consistently provide the desired mixing to maintain a fresh water supply. This minimum deviation to the height requirement is necessary because larger tanks are much more expensive and not as effective. 5. The variance does not conflict with the Woodburn Comprehensive Plan. Page 50 FINDING: The Woodburn Development Ordinance implements the goals and policies in the Woodburn Comprehensive Plan. The proposed water storage reservoir is a required element in the proposed water treatment facility on the subject site. The applicant has proven that the proposed water storage reservoir is required to exceed the maximum height allowed in the P/SP zone to minimize the cost and provide the best water quality possible to the citizens of Woodburn. Variance 03-05: Table 2.1.20 of the Woodburn Development Ordinance (WOO) states that a main building more than 28 feet in height must have an interior setback of 36 feet. The applicant is proposing a 12 foot interior setback form the south property line for a 52 foot high water storage reservoir. 1) WOODBURN DEVELOPMENT ORDINANCE Section 5.103.11 Variance B. Application Requirements. An application shall include a completed City application form, filing fee, deeds, notification area map and labels, written narrative statement regarding compliance with criteria, location map and the following additional exhibits: 1. Street and Utility Plan as applicable; and 2. Site Plan FINDING: The applicant submitted the required application materials. This criterion is met. c. Criteria. A determination of whether the criteria set forth are satisfied necessarily involves the balancing of competing and conflicting interest. The factors that are listed to be considered are not criteria and are not intended to be an exclusive list. The factors to be considered are used as a guide in deliberations on the application. FINDING: This variance should be approved because it met the following considerations discussed below. 1. The variance is necessary to prevent unnecessary hardship relating to the land or structure which would cause the property to be unbuildable by application of 828 Parr Road Page 51 1'" ..,. ..- -.--, , '" 828 Parr Road q ,....-.-----.- '!'" the WDO. Factors to consider in determining whether hardship exists, include: a. Physical circumstances over which the applicant has no control related to the piece of property involved that distinguish it from other land in the zone, including but not limited to lot size, shape, topography. b. Whether reasonable use similar to other properties can be made of the property without the variance. c. Whether the hardship was created by the person requesting the variance. FINDING: The proposed water storage reservoir is a required element in the proposed water treatment facility on the subject site. The water storage reservoir is located on the south side of the subject site, adjacent to Centennial Park, approximately 365 feet from the centerline of Parr Road. Due to the imposing height and width of the water storage reservoir, it was located as far as possible from Parr Road to minimize its visual impact from the road and the property to the north of the subject site which is designated on the Woodburn Comprehensive Plan as residential greater than 12 units per acre. It also had to be located 12 feet from the rear property line of the subject site to allow for other water treatment facilities (and access to them) to be located closer to Parr Road. A parking lot for Centennial Park is located directly adjacent to the south property line of the subject site. The closer distance of the reservoir, as is allowed in the WOO, to the south property line will not negatively impact the parking lot use to the south. A row of arborvitae will be placed along the south property line to help screen the reservoir from the parking lot. 2. Development consistent with the request will not be materially injurious to adjacent properties. Factors to be considered in determining whether development consistent with the variance materially injurious include but are not limited to: a. Physical impacts such development will have because of the variance, such as visual, noise, traffic and drainage, erosion and landslide hazards. Page 52 828 Parr Road 1""'"--- .."-_...."".._."'-,~.- . b. Incremental impacts occurring as a result of the proposed variance. FINDING: The water storage reservoir is located on the south side of the subject site, adjacent to Centennial Park, approximately 365 feet from the centerline of Parr Road. The water storage reservoir was located as far as possible from Parr Road to minimize its visual impact from the road and the property to the north of the subject site which is designated on the Woodburn Comprehensive Plan as residential greater than 12 units per acre. It also had to be located 12 feet from the rear property line of the subject site to allow for other water treatment facilities (and access to them) to be located closer to Parr Road. A parking lot for Centennial Park is located directly adjacent to the south property line of the subject site. The height of the water storage reservoir will not negatively impact the parking lot use to the south. A row of arborvitae will be placed along the south property line to screen the reservoir from the parking lot. 3. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected because of the variance. FINDING: There are no physical or natural systems that are affected. 4. The variance is the minimum deviation necessary to make reasonable economic use of the property; FINDING: The water storage reservoir had to be located closer to the rear property line, than the code allows, so that the other required treatment facilities and access to them could be located closer to Parr Road. The applicant also maximized the distance of the reservoir from Parr Road so that it would not negatively impact the view of pedestrians on Parr Road and the future residences on the property to the north (across Parr Road) which is designated on the Woodburn Comprehensive Plan as residential greater than 12 units per acre. The proposed water storage reservoir is a required element in the proposed water treatment facility on the subject site. 5. The variance does not conflict with the Woodburn Comprehensive Plan. Page 53 FINDING: The Woodburn Development Ordinance implements the goals and policies in the Woodburn Comprehensive Plan. The applicant has proven that the proposed water storage reservoir can be located closer to the rear property line and not negatively impact the adjacent parking lot use. EXCEPTION TO STREET RIGHT OF WAY AND IMPROVEMENT REQUIREMENTS 03-03 1) WOODBURN DEVELOPMENT ORDINANCE Section 5.103.12 Exception to Street Right of Way and Improvements Requirement FINDING: Parr Road is classified as a Service Collector in the Woodburn Transportation System Plan (TSP) which has a required cross section that includes a 74 foot of right of way, 48 foot improved surface, 4.5 foot planter strips and 6 foot sidewalks on both sides. The existing right of way, adjacent to the proposed water treatment plant, is 60 feet in width. The street width is approximately 22 feet with no curbs and no improved drainage. The applicant will provide the required curb and drainage as part of the street improvement. A ten-foot sidewalk/bike lane has been installed on the south side of the subject property, extending to the west boundary of Centennial Park, located adjacent to the proposed water treatment plant development. The recently improved portion of Parr Road to the east of the water treatment plant development has been modified in regard to the dimensions of the TSP cross section. The improvement does provide the required elements of a turn lane, travel lanes, bike lane and sidewalks. The major difference is that the bike lane has been removed from the street surface and placed to the south of the sidewalk to protect bicyclists from cars on the road surface. Parr Road to the east of the water treatment plant development provides a 39 foot improved surface providing two travel lanes and one turn lane. A 3-foot planter strip and a five foot sidewalk are provided which is consistent with the Parr Road Street improvement for the properties to the east of Settlemier Road. The applicant is requesting an exception to allow for the required right of way to be decreased from 74 feet to 60 feet and allow for the street cross section to be modified so that it is consistent with the street improvement to the east. A. Purpose. The purpose of an exception is to allow a deviation from a WDO development standard cited in Section 3.101.02. 828 Parr Road Page 54 -1"""'..._........"._...'"'--~- "" FINDING: Section 3.101.02D2.b of the WDO specifies that the minimum deviation allowed to the required street improvement on a boundary street through an exception is listed as follows: 1) One 12 foot wide travel lane in each direction, including curbs in each direction where the classification specifies a maximum standard of two lanes; 2) Required drainage facilities; and 3) In addition to the improvements cited in 1) above, the full improvement of the street from the center line to the boundary of the subject property plus any center turn lane as described for the street classification. The applicant is proposing the reduction of the required right of way on a service collector from 74 feet to 60 feet. The applicant is also proposing the rearrangement of the required elements in the cross section for a service collector to allow for the bike lane to be removed from the street surface and placed to the south of the sidewalk as has been required for the properties to the east of the subject site. B. Application Requirements. An application shall include a completed City application form, filing fee, deeds, notification area map and labels, written narrative statement regarding compliance with criteria, location map and the following additional exhibits: 1. Street and Utility Plan as applicable; 2. Site Plan; and 3. A "rough proportionality" report prepared by a qualified civil or traffic engineer addressing the approval criteria. FINDING: The applicant submitted the required application materials. C. Criteria. FINDING: The applicant has proven that the proposed exception on Parr Road is justified based on the responses to the exception criteria discussed below. 1. The estimated extent, on a qualitative basis, to which the right of way and improvements will be used by persons served by the 828 Parr Road Page 55 _,...,......_<.,...w~___>"~",._""' ~ building or development, whether the use is for safety or convenience; FINDING: The construction of the municipal water treatment facility will result in no full time use of the facility by employees. The water treatment facility will operate unattended and will be controlled by a computer monitored control system that will be monitored at a central facility. There will be a small number of daily trips as a result of maintenance and monitoring of the water treatment facility. The maximum number of daily trips to the facility is anticipated to be eight, the average daily trips will be four and the maximum number during the PM peak hour is anticipated to be two. 2. The estimated level, on a qualitative basis, of rights of way and improvements needed to meet the estimated extent of use by persons served by the building or development; FINDING: The right of way, although it does not meet the standards of the city's Transportation System Plan (TSP) for new service collector roadways, is sufficient to meet the use generated by the additional demand placed by the water treatment facility. A street that is consistent with the recently completed Parr Road to the east will be constructed as part of the water treatment plant development. The improvement does provide the required TSP elements of a turn lane, travel lanes, bike lanes and sidewalks in a cross section that is slightly modified from the TSP profile. 3. The estimated impact, on a quantitative basis, of the building or development on the public infrastructure system of which the rights of way and improvements will be a part; and FINDING: The right of way, although not available in the width consistent with the standards of the city's TSP for new arterial roadways, is sufficient to meet the use generated by the additional demand placed by the treatment facility. It is also sufficient to construct a new street that is consistent with the recently completed section of Parr Road to the east which does provide all required TSP elements. 4. The estimated level, on a qualitative basis, of rights of way and improvements needed to mitigate the estimated impact on the public infrastructure system. FINDING: A street that modifies slightly the TSP Service Collector requirements will be constructed as part of the water treatment plant development. The street will be consistent with the existing cross section of Parr Road constructed to the east of the proposed improvement. No 828 Parr Road Page 56 . "....--._ ......--.0--.-....... , additional right of way is needed to construct and utilize the street improvement. VI CONCLUSION: Based on the findings of fact contained herein, all relevant approval criteria relating to approval of Annexation 01-04, Zone Change 01-03, Conditional Use 02-08, Design Review 02-19, Variance 03-04, Variance 03-05, and Exception to Street Right of Way and Improvements Requirement 03-03 have been satisfied. Based on the findings of fact contained herein, all relevant approval criteria relating to approval of Variance 03-03 have not been satisfied. 828 Parr Road Page 57 .,...._._~.". ..~'''~_. ~ .. Exhibit "0" CONDITIONS OF APPROVAL COMMUNITY DEVELOPMENT DEPARTMENT Conditional Use 02-08 & DesiQn Review 02-19 1. The proposed development shall be in substantial conformance with this approval and the attached preliminary plans provided in Exhibit "A" (Site Plan date stamped 2/10/03, Elevations date stamped 12/16/02 and 2/3/03, and Planting Plan date stamped 12/16/02), except as herein modified by these conditions of approval. 2. The applicant shall submit a site plan showing the following revisions for review and approval by the Community Development Director prior to the issuance of the building permit: a. Show directional markings and signs. b. Show double parallel lines on each side of a parking space. The total width of the lines shall delineate a separation of 2 feet. c. A six-inch concrete curb shall be shown between a landscaped area and a parking area or access way. d. Show bumper guards for the 4 proposed parking spaces to the north of the treatment building. e. Show all proposed fences, height of fences, and proposed barbed wire. 3. The single family dwelling and accessory structure shall be removed prior to the building occupancy of the facility. 4. The three existing driveways on the subject site shall be removed prior to issuance of final occupancy. 5. The applicant shall submit an access permit to be reviewed and approved by the Public Works Department prior to the issuance of a building permit. 6. The applicant shall submit a color elevation of all the proposed facilities for review and approval by the Community Development Director. 7. All vehicle parking and loading areas shall be graded and provide storm drainage facilities approved by the Public Works Director prior to issuance of building permit final occupancy. 828 Parr Road Page 58 .r--.'--_u.--" ..". 8. Off-street parking for disabled persons shall be designed to the standards of the state Building Code and applicable federal standards. 9. A final landscape, irrigation, and lighting plan shall be submitted to the Community Development Department for approval prior to issuance of building permits. The landscape plan shall show a row of arborvitae along the east and south property lines of the subject site. An additional large tree shall be shown adjacent to the street frontage. Shrubs and trees shall be shown on the north side of the proposed fence along the street frontage to screen the facility from Parr Road. All outdoor lighting shall be shown on the lighting plan showing that the lighting has been designed so that parking areas are evenly illuminated at ground level at one foot candle, and entrance and loading areas are illuminated at ground level of two foot candles, Illumination does not shine or reflect into any adjacent residentially zoned or used property; and lighting does not cast a glare onto moving vehicles on any public street. All shrubs and ground cover shall be of a size upon installation so as to attain 80% of ground coverage within 3 years. 10. The property owner shall be responsible for maintaining all landscaping in good condition so as to present a healthy and orderly appearance. Unhealthy and dead plants shall be removed and replaced in conformance with the original landscape plan. 11. The property owner/applicant shall submit to the Community Development Department a signed "Acceptance of Conditions" agreeing to all conditions of approval prior to the issuance of building permits for the project. 12. 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. 13. Proposed fencing shall be subject to approval of the Planning Commission prior to installation. Variance 03-04 14. Variance approval allows the proposed 52 foot high water storage reservoir, located on the south side of the site, to exceed the 35 foot maximum building height in the P/SP zone. Variance 03-05 15. Variance approval allows for the reduction of the required interior yard setback adjacenMo the south property line from 36 feet to 12 feet for the water storage reservoir. 828 Parr Road Page 59 "r'-'""-~"'-'-~''''' ,..- Exception to Street Ri~ht of Way and Improvements Requirement 03-03 16. Exception approval allows for the reduction of the required right of way on Parr Road from 74 to 60 feet. Also allows for the modification of the street cross section for the bike lane to be located to the south of the sidewalk and planting strip as has been done on the property to the east. PUBLIC WORKS DEPARTMENT GENERAL CONDITIONS: 17. Final plans shall conform to the construction plan review procedures and standards. 18. The applicant, not the city is responsible for obtaining permits from any state and/or federal agencies, which may require approval and/or permit. 19. All work within the public rights-of-way shall require plan approval and permit issuance from the Public Works Department 20. System Development fees shall be paid at the time of building permit issuance. STREET AND DRAINAGE: 21. The applicant shall provide the proper right of way dedications and the street shall be improved in accordance to the cross sectional requirements of the TSP unless an exception or a variance is approved in accordance with the Woodburn Development Ordinance (WOO) for a boundary street. 22. Access shall comply with the requirements of WOO. Dysfunctional driveways shall be removed and new access shall comply with dimensional and spacing requirements and be improved in accordance with City Of Woodburn standards and specifications. 23. On site detention shall be provided in accordance with the Strom Water Management Plan. Hydraulic analysis shall be provided to the Public Works Department for review and approval. 24. With the improvement of the boundary street, a public storm water conveyance system shall be required in conformance with the Strom Water Management Plan. SANITARY SEWER: 828 Parr Road Page 60 .....".1"""'..-.... ..-",.----- 25. Sanitary sewer service is to be provided by using an on-site pump system to the existing gravity system located on the park property. The existing gravity system does not have sufficient depth to serve the proposed building. This will be a private system and shall be installed and permitted by the regulatory agency having permit authority. 26. The existing dwelling unit on the property is currently on a subsurface waste disposal system. This system shall be abandoned in accordance with state requirements. WATER: 27. Domestic, lawn irrigation and/or fire sprinkler system shall require the installation of a proper type of backflow preventer. Contact Larry Arendt, City of Woodburn Cross Connection Inspector, for type and installation requirements at 503-982-5283. 28. Fire hydrant locations and fire protection requirements shall comply with the Woodburn Fire Districts requirements. 828 Parr Road Page 61 -,--. '"