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Ord 2366 - 90 Lawson COUNCIL BILL NO. 2519 ORDINANCE NO. 2366 AN ORDINANCE APPROVING CONDITIONAL USE APPLICATION CASE FILE NO. 04- 02, AFFECTING PROPERTY LOCATED AT 790 LAWSON AVENUE; AND DECLARING AN EMERGENCY. WHEREAS, the applicant, Cottonwood Financial, submitted Conditional Use Application Case File No. 04-02 for conditional use approval to operate a pay day loan business on the property located at 790 Lawson Avenue; and WHEREAS, the Woodburn Planning Commission previously approved said application; and WHEREAS, the Woodburn City Council called this approval up for its review; and WHEREAS, the Woodburn City Council has conducted a public hearing and reviewed the record in Conditional Use Application Case File No. 04-02; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That based upon the findings and conclusions contained in Exhibit "A" which is affixed hereto and by this reference incorporated herein, Conditional Use Application Case File No. 04-02 is approved. Section 2. 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~' "Vr ~ City Attorney Passed by the Council Jul y 26, 2004 Page 1 - COUNCIL SILL NO. 2519 ORDINANCE NO. 2366 ..- . , Submitted to the Mayor July 28, 2004 Filed in the Office of the Recorder Jul v 28. 2004 July 28, 2004 Approved by the Mayor ATTEST: Page 2 - COUNCIL BILL NO. 2519 ORDINANCE NO. 2366 EXHIBIT "A" FINDINGS & CONCLUSIONS CONDITIONAL USE 04-02 I. APPLICATION INFORMATION: Applicant: Cottonwood Financial ATTN: Jonna L. Etheredge 1300 W. Walnut Hill Lane Suite 255 Irving, Texas 75038 Property Owner: Cantwell Development, LLC 29783 Town Center Loop W. Wilsonville, OR 97070 II. NATURE OF THE APPLICATION: The applicant is requesting Conditional Use approval to operate a pay day loan business. The property is zoned General Commercial (CG). A pay day loan establishment requires conditional use approval in the CG zone. III. RELEVANT FACTS: The subject site is located on the northeast corner of Lawson Avenue and Stacey Allison Way. It can be identified specifically on Marion County Assessor Map T5S, R2W, Section 12C, Tax Lot 602. A commercial business (SUbway) is currently operating their business on the subject property. The subject property is zoned Commercial General (CG) and designate\=! Commercial on the Woodburn Comprehensive Plan Map. The properties to the east, north and west (across Lawson Avenue) are zoned Commercial General (CCI) and designated Commercial on the Woodbum Comprehensive Plan Map. The commercial property to the east is in use as a Super 8 Motel. The commercial property to the north is in use as an Exxon gas station and carwash. The commercial property to the west (across Lawson Avenue) is being used by Burger King. The property to the south of the westerly portion of the site (across Stacey Allison Way) is zoned Medium Density Residential (RM), designated Residential GreaterThan 12 Units Per Acre on the Woodburn Comprehensive Plan Map and is where the Barclay Square Apartments are located. Property to the south of the easterly portion of the site is zoned Commercial Office and designated as Commercial on the Woodburn Comprehensive Plan Map. This property is being CU 04-02 Page 1 used by the Silver Creek Nursing Home and medical offices. No wetlands are i located on the subject site and it is located outside of the 500-year floodplain. The subject property was constructed as a large vehicle parking lot when the Super! 8 Motel was reviewed under the site plan review process (Site Plan Review Casel File No. 1995-05). On August 28, 2003 the Woodburn Planning Commission 'I approved a 4,020 square foot commercial building with 1,888 square feet of office. tenant space and 2,132 square feet of restaurant tenant space (Subway). The, Planning Commission also approved a variance on the subject site to allow thel minimum drive-through and by-pass lane widths to be reduced from 12 feet to 91 feet. The total combined width for the drive-through and by-pass lane is 18 feet.! The applicant, Cottonwood Financial, is proposing to operate their pay day loa~ business in the 1,888 square foot office tenant space located in the existing buildin!;l on the subject site. Conditional use approval is required for a pay day loarl business in the CG zone. IV. RELEVANT APPROVAL CRITERIA: 1) WOODBURN DEVELOPMENT ORDINANCE Section 5.103.01 Conditional Use V. FINDINGS: 1) WOODBURN DEVELOPMENT ORDINANCE Section 5.103.01 Conditional Use A. Purpose. A conditional use is an activity which Is permitted in .. zone but which, because of some characteristics which are n~t entirely compatible with other uses allowed in the zone, cannot ~ permitted outright. A public hearing and review of the propose~ conditional use and the imposition of conditions, If necessary, i~ intended to insure that the use proposed will be as compatible a$ practical with surrounding uses, and is in conformance with th~ requirements of the district and with other applicable criteria an~ 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 WOO development standard require a concurrent variance. FINDING: The applicant is proposing a pay day loan business in the General Commercial (CG) zone. A pay day loan business is required to have conditional use approval in the CG zone. A public hearing is being held for the review of this application. CU 04-02 Page 2 CU 04-02 B. Criteria. 1. The proposed use shall be permitted as a conditional use within the zoning district. FINDING: The applicant is proposing a pay day loan establishment. Section 2.106.03C.2 lists check cashing, pay day loans and cash transfer establishments, other than banks, as conditional uses in the CG zone This approval criterion is met. 2. The proposed use shall comply with the development! standards of the zoning district. FINDING: On August 28, 2003 the Woodbum Planning Commissioni approved a 4,020 square foot commercial building with 1,888 squarei feet of office tenant space and 2,132 square feet of restaurant tenan~ space (Subway). The Planning Commission also approved a variance on the subject site to allow the minimum drive-through and by-pas$ lane widths to be reduced from 12 feet to 9 feet. Twenty six parking spaces (5 parking spaces for an office use and 21 parking spaces fo~ the restaurant use) were required and have been constructed on the subject site for the proposed office and restaurant uses on the subject site. The proposed pay day loan use business is classified as an office use in the Off-street Parking Ratio Standards Table 3.1.2 ofthe WDO and 5 parking spaces are located on the subject site to accommodate this use. All of the improvements on the subject site comply with the development standards of the CG zone as was determined by the recent approval of the design review and variance requests on the subject site. No new development is being proposed by the applicant at this time. This approval criterion is met. 3. The proposed use shall be compatible with the surrounding properties. FINDING: The proposed use will be compatible with surroundin!il properties based on the following considerations. Considerations. Relevant factors to be considered im determining whether the proposed use is compatible include: a. The suitability of the size, shape, location and topography of the site for the proposed use; Page 3 _ ___'~~,._.______. _.~,_.__ ._.."___.____'.~~'.-.<-N.'."-'- FINDING: The subject property is .63 acres in size, is located in a commercially zoned area, and meets the dimensional requirements in the CG zone. The topography of the property is flat. The size, shape, location and topography will not impair the use of this property for a I pay day loan establishment. . b. The capacity of public water, sewerage, drainage, street! and pedestrian facilities serving the proposed use; FINDING: Public water, sewer, street and pedestrian facilities I currently serve the site. The existing infrastructure is sufficient for the proposed use. c. The impact of the proposed use on the quality of the Iivingl environment: . 1. Noise; FINDING: The proposed use is to be located in a commercial zone. Little to no noise will be generated with this use and all transaction$ associated with the business are to take place in the commercial! building. 2. Illumination; , FINDING: The existing outdoor lighting on the subject site has beeri designed and installed to meet the parking and loading are~ illumination requirements in Section 3.107.06.F.2 of the WDO. N~ lighting is proposed to be changed with this application. 3. Hours of operation; FINDING: The applicant states that... .the hours of operation for th~ proposed use will be between 9 am and 7 pm, Monday througtj Friday, and between 10 am and 2 pm on Saturday..." The proposed hours of operation are consistent with a commercial business and th~ surrounding commercial businesses. 4. Air quality; FINDING: The applicant states the".. .proposed use will have no effect on the air quality or living environment..." The proposed use is not anticipated to affect air quality. CU 04-02 Page 4 .....- ~_._..--'~-.__.,--_.__.._._-.--_., .-~~-~- 5. Aesthetics; and FINDING: The recently constructed building and landscaping on the subject site meet the landscape and architectural design standards in the WOO. No new development is proposed. 6. Vehicular traffic. FINDING: The applicant states>>...a minimal increase in vehicular traffic may be expected...>> There will be no change in the vehicular traffic pattern. The traffic volume may slightly increase, but this should have a negligible affect on the overall site. d. The conformance of the proposed use with applicable! Comprehensive Plan policies; and FINDING: The WOO implements the goals and policies specified in the Woodburn Comprehensive Plan. The proposed development complies with the applicable standards specified in the WDO as discussed throughout this report. e. The suitability of proposed conditions of approval toi insure compatibility of the proposed use with other uses, in the vicinity. FINDING: No conditions of approval are necessary to insure compatibility with the surrounding uses because the proposed use is not anticipated to create any adverse impacts on the surrounding properties. The impacts of the proposed use will not differ from the impacts of uses that are permitted in the CG zone. VI. CONCLUSION: Based on the findings of fact contained herein, all relevant approval criteria relating to approval of Conditional Use 04-02 can be made. CU 04-02 Page 5