Ord 2348 - Desig Rev. Prt Fruit
COUNCIL BILL NO. 2480
ORDINANCE NO. 2348
AN ORDINANCE APPROVING DESIGN REVIEW APPLICATION CASE NO. 03-16
TO CHANGE THE USE OF A PROPERTY LOCATED AT 770 N. PACIFIC HIGHWAY
FROM AN AUTOMOBILE DEALERSHIP TO A RETAIL BUSINESS SPECIALIZING IN
THE SALE OF PRODUCE; AND DECLARING AN EMERGENCY.
WHEREAS, the applicant and property owner, Morrow Investment LLC,
submitted Design Review Application Case No. 03-16 to change the use of a property
located at 770 N. Pacific Highway from an automobile dealership to a retail business
specializing in the sale of produce; and
WHEREAS, the Woodburn Community Development Director's Decision on said
application was appealed by the applicant to the Woodburn City Council; and
WHEREAS, the Woodburn City Council has conducted a public hearing and
reviewed the record pertaining to said application and has considered all public
testimony and evidence presented on said application; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That based upon the findings in support contained in Attachment "A"
which is affixed hereto and by this reference incorporated herein, Design Review
Application Case No. 03-16 is approved.
Section 2. That the land use application approved by Section 1 herein is subject
to the conditions of approval contained in Attachment liB", which is affixed hereto and by
this reference incorporated herein, which the Council finds reasonable.
Section 3. This ordinance being necessary for the immediate preservation of the
public peace, health, and safety, an emergency is declared to exist and this ordinance
shall take effect immediately upon passage by the Council and approval by the Mayor.
Approved as to form~'ryr- ~
City Attorney
Approve .
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Passed by the Council
Submitted to the Mayor
Approved by the Mayor
October 27. 2003
October 29. 2003
October 29. 2003
Page 1 - COUNCIL BILL NO. 2480
ORDINANCE NO. 2348
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Filed in the Office of the Recorder
ATTEST: IVl tJ....<A!r-~
Ma~ City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2480
ORDINANCE NO. 2348
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October 29, 2003
.,.
ATTACHMENT "A"
FINDINGS IN SUPPORT
DESIGN REVIEW 03-16
I. APPLICATION INFORMATION:
Applicant/Property Owner: Morrow Investment LLC
2919 NW Division Street
Gresham, OR 97030
II. NATURE OF APPLICATION: The applicant requests administrative design review
approval to convert a structure and property, which was previously used for an
automobile dealership (Friendly GMC), to a retail business specializing in the sale of
produce (fruits and vegetables).
III. RELEVANT FACTS: The subject site is located at 770 N. Pacific Highway and
further identified on Marion County Assessor Maps as Township 5 South, Range 1
West, Section 17BA, Tax Lot 2000. The size of the property is 1.11 acres and is
flat. No wetlands are located on the subject site and it is not located in the 500 year
floodplain.
The subject property is zoned Commercial General (CG) and designated as
Commercial on the Woodburn Comprehensive Plan Map. The Woodburn city limits
are located on the north, south and east sides of the property. The property was
annexed into the City (Annexation Case File No. 00-01, Zone Change Case File No.
00-01) in 2001.
The site is fully developed (with the exception of landscaping) and has been in
commercial use since 1948. The existing 10,841 square foot structure is surrounded
by pavement with the exception of the rear (east) portion of the property. Hwy 99E
runs along the west side of the subject property and currently provides one
commercial access to the subject parcel. Meandering along the southern property
line is "East Blaine Street", which is an unrecorded residential shared driveway that
serves homes to the east and south of the subject parcel.
The properties to the west (across 99E/Pacific Highway) are zoned CG and
designated as Public Use on the Woodburn Comprehensive Plan Map. The Oregon
Department of Transportation (ODOT) owns the parcel directly across the Highway
and is currently using it for a gravel storage yard. The parcels adjacent to the
subject parcel 0 n the north, south and east s ides are 0 utside the City, within the
Urban Growth Boundary, and zoned Marion County "Commercial Retail" and
designated as Commercial on the Woodburn Comprehensive Plan Map. To the
north is the Valley Pacific Floral & Interior shop, to the south is the Benavidez Tires
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store and an automobile storage yard, and to the east and southeast are two single-
family residential homes. The parcel abutting the southeastern side is zoned Marion
County "Single Family Residential",
IV. RELEVANT APPROVAL CRITERIA:
A. WOODBURN DEVELOPMENT ORDINANCE
1. Section 1.104.05 Change or Expansion of an Existing Use with
Nonconforming Parking, Loading and/or Landscaping
2. Section 2.1 Land Use Zoning
2.106 Commercial General (CG)
3. Section 3.1 Development Guidelines and Standards
3.101 Street Standards
3.102 Utilities and Easements
3.103 Setback, Open Space and Lot Standards, Generally
3.104 Access
3.105 Off Street Parking and Loading
3.106 Landscaping Standards
3.107 Architectural Design Guidelines and Standards
4. 5.102.02 Design Review for ALL Structures LESS THAN 1000 SQ. Ft.
B. WOODBURN SIGN ORDINANCE
V. FINDINGS:
A. WOODBURN DEVELOPMENT ORDINANCE
Section 1.104 Nonconforming Uses and Development Standards
Section 1.104.05 Change or Expansion of an Existing Use with
Nonconforming Parking, Loading and/or Landscaping
Any additional parking, loading and/or landscaping required by the WDO to
accommodate a change in use, or expansion of an existing use shall be
subject to the following.
A. Applications subject to Design Review, Section 5.103.02, shall
conform all parking, loading and landscaping for the subject use to
the standards of the WDO.
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B. Applications subject to Design Review, Section 5.102.02, where the
change or expansion increases the required area for parking, loading
or landscaping by 25 percent or more, shall conform all parking,
loading and landscaping to the standards of the WDO. Parking,
loading and landscaping required for changes or expansions of less
than 25 percent shall be limited to those necessary to conform with
the increment of change or expansion.
Section 5.102.02 Design Review for All Structures LESS THAN 1000 Sq.
Ft.
A. Purpose. The purpose of Type II design review is to insure
compliance with all applicable site development standards and
architectural design guidelines of Section 3.1 for:
1. All structures either LESS THAN 1000 sq. ft. of gross floor area
or expansions adding LESS THAN 10% gross floor area,
whichever is smaller and single family and duplex dwellings in
the NCOD, but EXCLUDING structures subject to TYPE I Design
Review.
2. Any change in use that results in a greater parking
requirement.
FINDING: The change in use from a retail automobile dealership to a fruit and
vegetable business results in a greater parking requirement, which is further
discussed under Section 3.105.01 below, Consequently, the change in use is
subject to the Design Review requirements in 1.1 04.05B.
Section 2.1 Land Use Zoning
2.106 Commercial General (CG)
2.106.01 Permitted Uses
The following uses, when developed under the applicable development
standards of the WDO, are permitted in the CG zone.
E. Retail Trade
5. Food and beverage stores. (445)
FINDING: The previous use on the site was automobile sales. The applicant is
requesting design review approval for a grocery store which specializes in the
sale of fruits and vegetables. Retail trade of food and beverages is a permitted
use in the Commercial General zone. The proposal meets this criterion.
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2.106.05 Dimensional Standards
The following dimensional standards shall be the minimum required
for all development in the CG zone.
A. Lot Standards.
Lots in a CG zone shall comply with the applicable standards of
Table 2.1.10.
TABLE 2.1.10 Lot Standards for Uses in a CG Zone
In a CG 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.
B. Building Height.
The maximum height of buildings shall not exceed 70 feet, EXCEPT
chimneys, spires, domes, flag poles and other features not used for
human habitation (EXCEPT telecommunication facilities), shall not
exceed 100 feet.
FINDING: The applicant is proposing to build an awning on to the existing
structure, which is 15 feet in height. The awning will be located in the front of the
building and will not increase the height of the building. This approval criterion is
met.
C. Setback and Buffer Improvement Standards.
1. Front Yard Setback and Setba~k Abutting a Street:
a. Dimensions:
1) The minimum setback abutting a street shall
be 15 feet plus any Special Setback, Section
3.103.05.
2) The maximum yard abutting a street shall be
150 feet.
FINDING: The required front yard setback from the Highway 99E centerline is
65 feet (50 foot special setback plus 15 front setback). The existing building is
approximately 95 feet from the Highway 99E centerline. This approval criterion is
met.
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b. Off Street Parking and Maneuvering:
1) Off street parking and storage shall be
prohibited within a required yard or special
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: All the parking and maneuvering is shown to be within the required
setbacks on the site plan that was submitted on October 6, 2003. No outdoor
storage is proposed. T he loading a reas are not located near a sidewalk 0 r a
public street. 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 vIsion obscuring objects are being proposed in the vIsion
clearance triangle at the corner of Highway 99E and East Blaine Street and at
the driveway access onto Highway 99E. There are two guard posts that are 4
feet high and 4 inches in diameter at the driveway access to Highway 99E.
These guard posts are allowed in a vision clearance area per Section
3.103.10.E.4. This approval criterion is met.
d. Vehicular Access: Permitted in conformance with
Section 3.104.
FINDING: Vehicular access will be regulated and controlled by the Oregon
Department of Transportation (ODOT). A referral was sent to ODOT. The
applicant must meet all the requirements imposed by ODOT. Dimensional
requirements are further addressed below under Section 3.104.
2. Interior Side and Rear Yard Setbacks.
a. Development in a CG zone shall be subject to the
setback and buffer requirements of Table 2.1.11.
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TABLE 2.1.11
Interior Yard and Buffer Standards for CG Zones
Abutting Property Landscaping Wall Interior Setback
RS, R1S, or RM zone There is no buffer yard Solid brick or 10ft.
landscaping architectural wall with
requirement for an anti-graffiti surface, no
interior yard abutting less than 6 feet or
a buffer wall. greater than 7 feet in
heiaht.
CO, CG, DOC, P/SP, IP There is no buffer yard Alternative A: Alternative A:
or IL zone landscaping
requirement for and Wall requirements 5 ft.
interior yard abutting shall be determined in
a buffer wall. conjunction with the
applicable Design
Review process.
-------------------------
------------------------- Alternative B:
Alternative B:
Zero setback abutting
No wall required. a building wall.
FINDING: The abutting properties to the north, south and east do not have a
City zoning because they are located in Marion County. No wall is required
because these properties do not have a City zoning. The property to the west is
separated from the subject site by Highway 99E. The site plan dated October 6,
2003 shows all the parking and structures to not be located in the 5 foot interior
yard setback. This proposal meets the above criteria.
b. The minimum building setback from a private
access easement shall be 5 feet.
FINDING: The existing building is located over 15 feet from the south property
line. There is no recorded private access easement for East Blaine Street.
Therefore, there is no setback requirement.
2.106.06
Development Standards
All development in the CG zone shall comply with the applicable
provisions of the WDO. The following standards specifically apply to
uses in the CG zone.
A. Off Street Parking.
Off street parking shall be subject to the standards of Section
2.106.05 and Section 3.105.
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FINDING: The requirements of Section 3.105 are addressed below.
B. Setbacks and Lots, Generally.
Setbacks and lots shall be subject to Section 3.103.
FINDING: As mentioned earlier, the existing structure meets the required
setbacks. The requirements of Section 3.103 are addressed below.
D. Signs.
Signs shall be subject to the Woodburn Sign Ordinance.
FINDING: The applicant plans to make a face change to the existing, free
standing sign. No new signs are allowed without a sign permit. The proposal
meets this criterion.
E. Landscaping and Sidewalks.
1. The street frontage of a subject property shall be improved with
either property line sidewalks and street trees or curb line
sidewalks. The improvement shall be determined at the time of
subdivision, PUD or design review as applicable. Sidewalk and
trees shall be installed by the property owner to the standards of
Section 3.101 and 3.106.
2. The subject property shall be landscaped to the standards of
Section 3.106.
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: The applicant has submitted a landscape plan showing a 30 foot wide
landscape strip with street trees and shrubs that will run along the existing 6 foot
wide curb line sidewalk adjacent to Highway 99E. The landscape criteria is
further addressed under the Development Guidelines and Standards section of
this report. The applicant states that the refuse collection facility will be housed
in the rear of the building where there is a separate fully enclosed room. A
condition of approval is that the existing dumpster on the side shall be removed
or screened. The applicant has demonstrated these criteria can be satisfied by
complying with the landscape plan and conditions of approval.
F. Property Disposition.
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All uses shall be established and conducted on lots of record, as
defined by Section 1.102 and developed to the public facility and
access standards of Sections 3.101,3.102 and 3.104.
FINDING: The applicant has provided a deed in the application (application
packet in Exhibit "B" of this report), which implies that this use will be conducted
on a lot of record. Public facility and access standards are further addressed in
this report under the findings for Sections 3.101, 3.102 and 3.104.
Section 3.1 Development Guidelines and Standards
3.101. Street Standards
FINDING: The property is located at 770 Highway 99E (North Pacific Highway).
The existing 26-foot wide curb-cut approach is adequate in placement, width,
throat length and flare. ODOT is the regulatory agency that has jurisdiction over
street standards and the approach on the highway. Currently the property is
bordered by an existing 6-foot wide curb line sidewalk. No street improvements
are proposed as part of this development. As a result, the standards in Section
3.101 do not apply to this project. A referral was sent to ODOT on March 26,
2003. The applicant must meet all ODOT requirements.
3.102. Utilities and Easements.
FINDING: The existing facility currently has adequate storm, water, and sewer
facilities serving the site. The applicant is required by the Woodburn Fire District
to install one hydrant and an eight inch water line along the entire frontage of
Highway 99E. The applicant states that a 10 foot utility easement will be granted
where the 8 inch water line is proposed. Any future utility expansions, changes,
or future easements will be subject to the standards of the Public Works
Department. There are exterior lights on the southwest and northwest corner of
the parking lot which are proposed to remain. No new lighting is proposed as
part of this project.
3.103. Setbacks, Open Space and Lot Standards, Generally.
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.
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FINDING: As discussed in Section 2.106.05 in this report, the required front yard
setback from the Highway 99E centerline is 65 feet (50 foot special setback plus
15 foot front setback). The existing building is approximately 95 feet from the
Highway 99E centerline. This approval criterion is met.
C. Special Provisions.
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 [the] date of [the] WDO shall
be considered a nonconforming structure.
FINDING: No part of the existing building is located in the special street setback.
D. 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 Line
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: Highway 99E is classified as a Major Arterial in the Woodburn
Transportation System Plan. As discussed in Section 2.106.05 in this staff
report, the required front yard setback from the Highway 99E centerline is 65 feet
(50 foot special setback plus 15 front setback). The existing building is
approximately 95 feet from the Highway 99E centerline. This approval criterion is
met.
3.103.10 Vision Clearance Area
A. Generally.
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A vision clearance area is an area at the intersection of two streets, a
street and a driveway or a street and an alley in which visual
obstructions are limited for safety purposes.
B. Street-Driveway Intersection.
A vision clearance area at the intersection of a street and a driveway
shall be the area delineated as follows:
1. A line extending ten feet from the intersection a long the street
right of way.
2. A line extending ten feet from the intersection along the side of
the driveway.
3. A third line that creates a triangular vision clearance area by
connecting the ends of the lines described in Section
3.103.10.8.1. and 2.
E. Prohibited Development.
A vision clearance area shall contain no plants, fence, wall,
structure, or temporary or permanent obstruction exceeding 30
inches in height [measured from the top of the curb or, where no
curb exists, from the established street centerline grade], EXCEPT as
follows:
1. Trees, provided branches and foliage are removed to a height of 7
feet above grade;
2. Telephone, power and cable television poles;
3. Telephone and utility boxes less than ten inches at the widest
dimension; and
4. Traffic control signs and devices.
FINDING: There are no structures proposed which will obstruct the VISion
clearance at the street-driveway intersection. Two existing guard posts that are
four feet high and four inches in diameter are located close to the entrance. The
post are not wide enough to obscure vision and they are allowed as a traffic
control device. The above clear vision area standards are satisfied.
3.104. Access
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3.104.01 Applicabilitv
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.
2. Every joint driveway or cross connection between separate lots
shall be established by an irrevocable access easement.
FINDING: The property currently has one direct 26 foot wide approach onto
Highway 99E, which is the sole abutting public street. The proposed internal
circulation pattern requires vehicular traffic to travel one-way around the existing
building and exit directly onto 99E from the subject parcel. No access easement
is required because all circulation and ingress and egress are occurring on the
subject property. This approval criterion has been met.
3.104.03 Drivewav Access Guidelines. Tvpe II and III Applications
A. Guidelines for the Number and Location of Driveways, Type II and
Type III Applications.
1. The number of driveway accesses should be minimized based on
overall site design, including consideration of:
a. The function classification of abutting streets;
b. The on-site access pattern, including cross connected parking
and circulation, joint access, turnarounds and building
orientation;
c. The access needs of the use in terms of volume, intensity and
duration characteristics of trip generation.
FINDING: The subject property has one existing commercial driveway access
onto Highway 99E, a major arterial, which is the minimum number required. The
on-site access pattern has been designed to maintain the one existing approach.
There is no reasonable alternative joint access with an abutting commercial
property onto Highway 99E. An access permit from the City is not required
because Highway 99E is under the jurisdiction 0 f 0 DOT and is subject tot he
requirements of OAR 734-051. A referral was sent to ODOT and ODOT
commented that an approach road permit is required.
B. Driveway Spacing Guidelines, Type II and III Applications.
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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) from another driveway should be as follows.
1. Major Arterial Street: 300 feet;
2. Minor Arterial Street: 245 feet; and
3. Service Collector, Access or Local Street: 50 feet
EXCEPT where pre-existing conditions preclude such separation the
separation should be maximized.
FINDING: The existing driveway providing direct access to the subject parcel is
approximately 120 feet from the shared driveway to the south, known as East
Blaine Street, and 120 feet from the driveway on the abutting northerly property.
Preexisting conditions preclude meeting the 300-foot spacing guidelines.
Access permits on Highway 99E are regulated by ODOT.
3.104.05 Drivewav Dimension and Improvement Standards. Tvpe 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 direct driveway access to the subject property from Highway 99E
is a two-way driveway (with no turn lane) that is 26 feet in width. The driveway
access satisfies the above width standards. A condition of approval is that a "No
parking" sign shall be posted by the owner along the access throat.
2. Radius of Curb Flare: 30 feet minimum.
FINDING: The applicant is not proposing to alter the existing curb flare as part of
this project. Any future alteration will be subject to the standards and inspection
by ODOT.
4. Throat length of a driveway, extending from the closest off street
parking or loading space to the outside edge of right of way for a:
b. Major street connection: 50 feet minimum, with greater
improvement as may be required by a TIA.
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FINDING: The site plan submitted on October 6, 2003 shows a minimum throat
length of 50 feet from the Highway 99E right-of-way. This approval criterion is
met.
5. Turn arounds shall be required within the off street parking
area(s) and/or as specific circulation features, to Department of
Public Works requirements based on the review of the Fire
District.
FINDING: T he existing parking lot 0 n the subject site has internal a isles that
meet Section 3.105 of the WDO as discussed below. The Woodburn Fire District
has been given a referral on this project proposal but has not provided comments
regarding this issue. This criterion is met.
F. Improvement Standards
1. Drainage shall be subject to Department of Public Works policies
and standards.
FINDING: The site plan does not propose any significant alteration to the
existing surface drainage pattern on the site. The only change proposed is to
pave the graveled rear area to meet parking and loading requirements. The
newly paved parking and loading area is proposed to drain into the existing
drainage ditch that runs along the rear boundary line. Future alterations to the
on-site drainage system will be subject to review and approval by the Public
Works Department.
3.105. Off Street Parking and Loading
3.105.01 Applicabilitv
The provisions of this Section shall apply to the following types of
development:
C. Expansion or Change of Use.
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.
2. Applications subject to Type II Design Review, Section 5.102.02,
where the change or expansion increases the required area for
parking, loading or landscaping by 25 percent or more, shall
conform to all parking, loading and landscaping to the standards
of the WDO. Parking, loading and landscaping required for
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changes or expansions of less than 25 percent shall be limited to
those necessary to conform with the increment of change or
expansion.
FINDING: Table 3.1.2 of Section 3.105 requires 1 parking space per 250 square
feet of gross floor area (sfgfa) for general retail use. The submitted floor plan
shows 10,841 square feet of retail area. The proposed use requires a total of 43
parking spaces. Table 3.1.2 of Section 3.105 requires a motor vehicle dealership
(the former use) to have 1 parking space per 400sfgfa of structure plus 1 parking
space per 2000sfgfa of outdoor display area. The estimated outdoor display
area (liberally applied) is approximately 26,000 square feet. The parking
requirement for t he former u se a san a uto dealership was 40 parking spaces.
The change to general retail results in a 9% increase in the required number of
parking stalls. However, the former business appeared to be only providing 12
parking spaces upon viewing the existing striping. In order to provide for 31
more spaces the applicant is required to re-stripe the existing pavement and add
more pavement and striping in the rear. This amount of additional paving does
not equal 25 percent or more. Therefore, the applicant is not required to comply
with all the parking, loading and landscaping standards of the WDO. The
applicant has proposed to reconfigure the existing non-conforming parking to
provide a better circulation pattern and provide all 43 parking stalls. The
applicant has agreed to plant landscaping in the 30 foot wide area adjacent to
Highway 99E and in an island on the north side of the site.
3.105.02
General Provisions for Off Street Parking and Loading
E. Off Street Vehicle Parking Requirements.
1. Off street vehicle parking spaces s hall be provided in
amounts not less than those set forth in Table 3.1.2.
FINDING: Table 3.1.2 requires 1 parking space per 250 square feet of gross
floor area (sfgfa) for general retail use. The submitted floor plan shows 10,841
square feet of retail area. The proposed use thus requires a total of 43 parking
spaces. The site plan submitted on October 6, 2003 shows 43 parking spaces.
The application meets this criterion.
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: Two disabled person vehicle parking spaces are required for 26 to 50
parking spaces per the Building Code. The applicant is proposing two disabled
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vehicle parking spaces, which meets the above stated requirement. This
approval criterion is met.
F. Compact Vehicle Parking.
A maximum of 20 percent of the required vehicle parking
spaces may be satisfied by compact vehicle parking spaces.
FINDING: Eight compact vehicle parking spaces are proposed, which is 19% of
the required spaces. 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.
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 building is 10,841 square feet in size, therefore two loading
spaces 12 feet by 30 feet in size are required. The site design plan shows two
loading spaces, one of which is 16 feet wide by 30 feet long on the south side of
the building and one that is 17 feet wide by 58 feet long on the rear of the
building. This approval criterion is met.
H. On-site Vehicle Parking and Loading Area Improvement
Req u i rements.
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 (repair) the area where an
underground tank was removed on the south side of the building and to pave for
new parking in the rear of the building. 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: Adequate storm drainage facilities are provided by Highway 99E. A
condition of approval requires all vehicle parking and loading areas to be graded
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and provide storm drainage facilities approved by the Public Works Director.
This criterion can be satisified.
3. 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.
FINDING: The site plan demonstrates compliance with this standard.
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 43 parking spaces that are subject to the
dimensions specified in Table 3.1.4. The 37 proposed standard spaces are 9
feet wide and 19 feet long, which meet the 9 foot wide and 19 foot long
requirement for regular parking stalls. Six of the spaces proposed are compact
and are 9 feet wide by 15 feet long, which meets the 7.5 foot wide and 15 foot
long requirement for compact parking stalls. The proposed aisle dimensions
have 24 foot widths or greater where there are 90 degree parking stalls and 17
foot wide aisles where there are 45 degree parking stalls. Table 3.1.4 requires
all two-way aisles to be 24 feet wide and one-way aisles with 45 degree parking
stalls to be 15 feet wide, and one-way aisles with no parking to be 12 feet wide.
This approval criterion is met.
b. 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 2 disabled person vehicular parking
spaces. A condition of approval is that the spaces shall be improved to the
standards of the state Building Code and applicable federal standards. This
criterion can be satisfied.
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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: The site plan dated October 6, 2003 shows directional markings to
control vehicle traffic. This approval criterion is met.
6. S pace Marking. EXCEPT for vehicle parking a reas for
single family and duplex dwellings, off street parking
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: The site plan date stamped October 6, 2003 shows double parallel
lines in compliance with the above standard. This criterion can be satisfied.
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 has shown the proposed outdoor lighting for the vehicle
parking areas on the submitted site plan. A condition of approval requires the
applicant to design all outdoor lighting so that it shall not shine or reflect into any
adjacent residentially zoned or used property, and shall not cast a glare onto
moving vehicles on any public street. This criterion can be satisfied.
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 front 30 feet of the
property adjacent to the proposed parking area and an island on the north side of
the site. The requirements of Section 3.106 are addressed below.
10. On-site Bicycle Parking Requirements. All uses
required to provide 10 or more off street parking spaces
shall provide a bicycle rack within 50 feet of the main
entrance. The number of required rack spaces shall be
one plus one per ten vehicle parking spaces, with a
maximum of 20 rack spaces.
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FINDING: The applicant is proposing 43 parking spaces. The site is thus
required to provide 5 bicycle parking rack spaces. The site plan date stamped
October 6, 2003 shows 5 bicycle rack spaces adjacent to the building. This
criterion is satisfied.
3.106 Landscaping Standards
3.106.01 Applicabilitv
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.
FINDING: The applicant is proposing to increase the size of the parking lot and
build a n awning 0 n the front 0 f the existing building. These increases don ot
increase the total area covered by structure and parking by 50 percent or more.
The landscaping standards therefore only apply to the area for all new structures
and related parking. The applicant has chosen to plant all the landscaping
improvements in the front of the site. A 30 foot wide landscaped bed is proposed
along the front property line adjacent to Highway 99E and a landscape island is
proposed on the north edge of the front parking lot. The applicant has proposed
8 Boxwood Pear trees surrounded by Kinnikinnick, Oregon Grape bushes and
bark mulch. This amount of landscaping will suffice for the change in use on this
site. The application meets the landscaping criteria.
3.107 Architectural Design Guidelines and Standards
3.107.06 Guidelines and Standards for Non-Residential Structures in RS,
R1 S, 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, R1S, RM, CO, CG and P
zones.
FINDING: The applicant is proposing to construct an awning on the existing
building. The awning area is proposed to be walled off with a 7-foot chain link
fence on the outside so that there is a contained outdoor display area. The
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applicant is proposing to paint the exterior walls of the building white and the
existing roof/awning lemon yellow and green.
2. Materials and Textures Guidelines.
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 0 f at I east 9 0 percent 0 f t he 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.
Fluorescent, "day-glo," or any similar bright color
should not be used on the building exterior.
FINDING: The existing building has at least 30% glass on the front wall surface
facing Highway 99E, however the applicant has screened off the windows by
installing a 7 -foot chain link fence at the outer edge of the proposed awning. This
chain link fence detracts from the overall appearance of the exterior surfaces of
the building facing Highway 99E. The applicant has since agreed to replace the
chain link fence with a more attractive wrought iron fence. A condition of approval
requires the applicant to remove or replace the chain link fence within 30 days of
the applicant's signing of the "Acceptance of Conditions" form.
Currently the building has florescent yellow paint on the roofline facing the street,
which exceeds the 10 percent allowable area for fluorescent colors. A condition
of approval requires the applicant to replace the yellow paint, within 30 days of the
applicant signing of the "Acceptance of Conditions" form, with the green or other
earth tone color so that only 10 percent of the wall, roof and awning that is yellow
is visible from the street or public parking area. This criterion can be satisfied.
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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 applicant is proposing a 12 foot wide, awning along the front of the
building to provide weather protection and an outdoor display area. The awning is
not back-lit. This criterion is satisfied.
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: The applicant is proposing to landscape the front 30 feet of the
property along Highway 99E and a landscape island on the north side of the
parcel. The applicant has proposed 8 Boxwood Pear trees surrounded by
Kinnikinnick, Oregon Grape bushes and bark mulch. The proposed landscaping
will improve the visual character of the property. This approval criterion is met.
7. Design Character Guidelines. Standardized or characteristic
"corporate" and "franchise" design elements should be refined to
reduce domination of the visual environment by corporate icons.
FINDING: There are no corporate or franchise design elements on the building,
nor are any such design elements proposed as part of this project. The applicant
has met this criterion.
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:
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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, R1 S, or RM zoning district.
FINDING: The abutting properties to the north, south and east are zoned Marion
County Commercial. One parcel to the southeast, across the "Blaine Street"
driveway is zoned Marion County residential. As mentioned above no specific
visual or noise problem is anticipated with this change of use, therefore it does
not appear that a buffer wall is necessary at this time to mitigate the affects on
one residential parcel. This criterion has been met.
9. Sidewalk Location and Street Trees. Sidewalks should be located
at the property line along streets with street trees, Section 3.106.
FINDING: As mentioned above, there is an existing 6 foot wide sidewalk. The
applicant has submitted a proposal to plant a 30 foot wide landscape strip along
the frontage of the property, which includes 7 Boxwood Pear trees. The
applicant has satisfied this criterion.
C. Site Building Access Guidelines
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.
FINDING: The existing vehicle access point from Highway 99E is not currently
landscaped. The applicant proposes to landscape a 30 foot wide area along the
front of the parcel. There is one pole sign located approximately 25 feet to the
north of the entrance. Two existing guard posts, located close to the entrance,
and the proposed landscaping will help to accentuate the entrance. This criterion
is met.
F. Design Standards.
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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: The applicant does not propose any outdoor storage. The applicant
states that the refuse collection facility will be housed in the rear of the building
where there is a separate fully enclosed room. The existing outdoor storage
facility area is needed to meet parking requirements. A condition of approval
requires the applicant to house the refuse collection facility within the structure as
proposed in the site plan.
2. Outdoor Lighting Standards. All outdoor lighting shall be
designed so that:
a. Parking areas are evenly illuminated at ground level at one
foot candle;
b. 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
1) Lighting does not cast a glare onto moving vehicles on any
public street.
FINDING: There are 3 existing exterior light fixtures. The light fixtures were put
in place prior to the adoption of the WDO. The WDO does not require lighting to
be upgraded when a change of use occurs unless it is a nuisance. No new light
fixtures are proposed as part of this application. A condition of approval is that the
fixtures should be adjusted (if needed) so that the light does not reflect onto
adjacent properties or cast a glare onto moving vehicles.
B. WOODBURN SIGN ORDINANCE
FINDING: There is an existing pole sign located approximately 25 feet north of
the entrance from Highway 99E. The applicant is proposing a face change to the
existing sign. All new signs will require submittal of a sign permit and approval.
VI. CONCLUSION:
Based on the findings of fact contained herein, all relevant approval criteria
relating to approval of Design Review, Case No. 03-16 have been met.
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ATTACHMENT "B"
CONDITIONS OF APPROVAL
COMMUNITY DEVELOPMENT DEPARTMENT:
1 . The proposed development shall be in substantial conformance with the
submitted site design and landscape plan provided as Exhibit "A" (date
stamped October 6, 2003), except as modified by the conditions of approval
contained herein.
2. The required vision clearance areas shall be maintained along the access
driveway serving the subject site from Highway 99E and at the corner of
Highway 99E and "East Blaine Street".
3, The property 0 wner/applicant shall submit tot he Community Development
Department a signed "Acceptance of Conditions" agreeing to all conditions of
approval within 30 days of final Design Review approval. If this condition is
not satisfied within the 30 day period, the applicant shall cease operating the
business and this Design Review approval shall be void.
4. Any conditions attached to the approval of the design review shall be
conditions on the issuance of a building permit. A violation of the conditions
shall be considered a violation of the Woodburn Development Ordinance.
5. Handicap parking spaces shall be improved to meet state and federal
standards.
6. A "No Parking" sign shall be posted at the entrance throat to the parking lot.
7. All improvements to the parking and loading areas shall be completed within
30 days of the date the applicant signs the "Acceptance of Conditions" form
unless a performance guarantee is submitted and accepted by the City
Administrator. If a performance guarantee is accepted by the City
Administrator, the applicant has six months from the date the City accepts
the performance guarantee to complete the above improvements.
8. Exterior light fixtures should be adjusted so that light does not reflect onto
adjacent properties or cast a glare onto moving vehicles.
9. Within 30 days of the applicant's signing of the "Acceptance of Conditions"
form, the exterior fluorescent yellow paint color of the awning shall be
replaced with the green or other earth tone color so that only 10 percent of
the wall, roof and awning surface visible from the street or public parking
area is yellow. The building colors shall comply with Section
3.107.06,B.2.b4. All other colors shall be "earth tone" containing 10 parts or
more of brown or a "tinted" color containing 10 parts or more white.
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10. The existing common refuse collection facility shall be removed and placed
within the building as set out in the application and site plan.
11. An approach road permit shall be obtained from ODOT for the one existing
commercial access onto Highway 99E.
12. The existing chain link fence around the perimeter of the a wning shall be
removed or replaced with a wrought iron fence within 30 days of the
applicant's signing 0 f the" Acceptance of Conditions" form. A ny proposed
walls or fencing shall be approved by the Community Development Director
prior to installation.
13. All outdoor storage is to be screened from view with a brick or architectural
wall not less than 6, nor more than 9 feet in height, pursuant to section
3.107.06F.1.
14. A f inall andscape and irrigation plan shall be submitted tot he Community
Development Department for review and approval within 30 days of the
applicant's signing of the "Acceptance of Conditions" form. All shrubs and
ground cover shall be of a size upon installation so as to attain 80% of
ground coverage within 3 years.
15. The landscaping shall be installed within 30 days of the applicant's signing of
the "Acceptance of Conditions" form unless a performance guarantee is
submitted and accepted by the City Administrator. If a performance
guarantee is accepted by the City Administrator, the applicant has six
months from the date of the signed "Acceptance of Conditions" form to
complete the installation of the landscaping and irrigation. If this condition is
not satisfied within the six month period, the applicant shall cease operating
the business and this Design Review approval shall be void.
16. 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 approved landscape plan.
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.
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19. All city maintained facilities shall require plan approval and permit issuance
from the Public Works Department. Public facilities located on private
property shall require an acceptable easement be conveyed to the City.
20. System Development fees shall be paid at the time of building permit
issuance.
STREET AND DRAINAGE:
21. Pacific Highway 99E, the boundary street for the subject parcel is classified
as a Major Arterial in the Woodburn Transportation Plan (WTP). Highway
99E is an Oregon Department of Transportation (ODOT) facility and shall be
subject to access requirements in accordance with OAR 734-051.
22. All new vehicle parking and loading areas shall be graded. Storm drainage
facilities shall be provided subject to approval by the Public Works Director.
SANIT ARY SEWER:
23. Waste Water service is currently being provided to the site.
24. A grease trap will be required prior to discharge to the city system, if any
food preparation area is provided on site.
WATER:
25. The Woodburn Fire District has required the applicant to provide a fire
hydrant on the subject site. The city has no water main adjacent to the
property to provide for a fire hydrant. The water main and fire hydrant shall
be installed by the applicant from the water mains within Lincoln Street,
Aztec street or on the West side of Highway 99E. In addition, the water main
shall be extended along the frontage of the subject parcel to provide for
future extension. If the water main is located on private property, the
applicant shall provide an easement to be conveyed to the city. The
easement shall be 16 feet in width unless otherwise approved by the Public
Works Department.
The water main s hall be installed in accordance with city-approved plans.
The installation permit shall be obtained from the Public Works Department.
26. Domestic, lawn irrigation and/or fire sprinkler system, if so installed, 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.
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27. Fire hydrant location and fire protection requirements shall comply with the
Woodburn Fire Districts standards and requirements.
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