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Ord 2235 - Zone Ch 290 Gatch St - COUNCIL BILL NO. 1969 ORDINANCE NO. 2235 AN ORDINANCE GRANTING A CONDITIONAL ZONE CHANGE ON CERTAIN PROPERTY LOCATED AT 290 GATCH STREET FROM SINGLE FAMILY RESIDENTIAL (RS) TO MULTI-FAMILY RESIDENTIAL (RM); APPROVING A SITE PLAN REVIEW APPLICATION; ATTACHING CERTAIN CONDmONS THERETO; AND DECLARING AN EMERGENCY. WHEREAS, the applicants submitted Zone Map Amendment 99-01 for a zone change from Single Family Residential (RS) to Multi-Family Residential (RM); and WHEREAS, Application 99-02 was submitted by the applicants for site plan approval; and WHEREAS, the City Council conducted a de novo public hearing on May 24, 1999 and heard testimony on said application; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The subject property is owned by Orville and Dorothy Krebs and is legally described in Exhibit" A" which is attached hereto, Section 2. Based upon the findings and conclusions contained in Exhibit "B" attached hereto, the zone designation on the subject property is changed from Single Family Residential (RS) to Multi-Family Residential (RM), Section 3. That the zone change granted by Section 2 of this ordinance shall only be for a duplex one story in height. Section 4. That the site plan of said property is approved based upon the findings and conclusions contained in Exhibit "B" attached hereto. Section 5. That the zone change and site plan approval are subject to the conditions contained in Exhibit "e" attached hereto and an additional condition that the owner be requested to place a "no parking" sign on the driveway, Section 6. This ordinance being necessary for 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. Page 1 - Council Bill No. 1969 Ordinance No, 2235 .............., ...,.~_.~"._..".,~-......,..,+--~,-". . '" Approved as to fonn: C() .~~ 6- 7- - 1'1 City Attorney &=te ? APproved:~' ....>>. Richard Jennings, Ma r Passed by the Council June 14, 1999 Subrrntted to the Mayor June 15, 1999 Approved by the Mayor June 15, 1999 Filed in the Office ~+ June 15, 1999 ATTEST: fY\ Mky nnant City Recorder City ofW oodburn, Oregon Page 2 - Council Bill No, 1969 Ordinance No. 2235 ..'.,~' . ',", EXHIBIT ----L1 PagE._L of r:2... Legal Description for Tax Lot 3200. Parcel 1: Beginning in the center of Gatch Avenue in the City of Woodburn, Marion County, Oregon, at a point which is 247,00 feet North 200 30' East from the intersection of said center line with the center line of Young Street said beginning point also being 50.00 feet South 200 30' West from the Northwest corner of a tract of land conveyed Henry H, Hackman by deed recorded in Book 41, Page 613, Deed Records for said County and State; thence South 600 45' East 140.24 feet; thence North 200 45' East parallel with the center line of said Gatch Avenue 50,00 feet; thence South 600 45' East 67,76 feet; thence South 200 30' West 120.00 feet; thence North 600 45' West 208.00 feet to the center line of said Gatch Avenue; thence North 200 30' East 70.00 feet to the place of beginning. SAVE AND EXCEPT that part lying in Gatch Avenue. Parcel 2: A strip of land 10 feet in width off the Westerly side of that tract of land conveyed to G,V.M. Incorporated in Book 708, Page 259, Deed Records for Marion County, Oregon, and being more particularly described as follows: Beginning at the most Northerly corner of that certain parcel of land conveyed to Arthur M. Burt, et ux, in Book 545, Page 576, Deed Records for Marion County, Oregon; thence South 600 45' East along the Northerly line of said Parcel a distance of 10.0 feet; thence South 200 30' West and being parallel with the Westerly line of said Parcel a distance of 120.00 feet; thence North 600 45' West a distance of 10.0 feet to a point on the Westerly boundary of that certain tract of land conveyed to Arthur M. Burt, et ux, in Book 396, Page 558, Deed Records for Marion County, Oregon; thence North 200 30' East a distance of 120,00 feet to the place of beginning. PARCEL 3: Beginning in the center of Gatch Avenue in the City of Woodburn, Marion County, Oregon, at a point which is 247,00 feet North 200 30' East from the intersection of said center line with the center line of Young Street said beginning point also being 50,00 feet South 200 30' West from the Northwest corner of a tract of land conveyed Henry H. Hackman by deed recorded in Book 41, Page 613, Deed Records for said County and State; thence South 600 45' East 140,24 feet; thence North 200 45' East parallel with the center line of said Gatch Avenue 50,00 feet; thence South 600 45' East 67.76 feet; ......- '___0 .---r-'---. ,_---".__~_..,_~...__o, ,,,. EXHIB~-A r:1 Page of (Beginning at the Northeast corner of a tract of land conveyed to G,V. M Incorporated by deed recorded in Volume 703, Page 381, Deed Records, which point is South 600 45' East 140,24 feet and North 200 45' East parallel with the center line of said Gatch Avenue 50,00 feet and South 600 45' East 67,76 feet from a point 247 feet North 200 30' East of the intersection of the center line of Gatch Avenue with the center line of Young Street, said point also being the Northwest corner of a tract of land conveyed to Arthur M. Burt, et ux, by deed recorded in Volume 545, Page 576, Deed Records, Marion County, Oregon){REEL 1377 PAGE 65); thence South 600 45' East 89,0 feet; thence South 200 30' West 120.0 feet; thence North 600 45' West 89.0 feet to the Southeast corner of said G,V.M. Incorporated tract; thence North 200 30' East 120.0 feet to the point of beginning, being situate in the B.S. Bonney Donation Land Claim No. 47, in Township 5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon. FOR EASEMENTS/CONDITIONS/RESTRICTIONS REFERENCE MARION COUNTY DEED RECORDS REEL 1377 PAGE 65, AND REEL 1321 PAGE 392 ...--- .--.".----r-----..-.. ''It' EXHIBIT EXHIBIT 8 Page....1- of .:z FINDINGS AND CONCLUSIONS RELEVANT FACTS 1. The property is located at 290 Gatch Street. The property can be identified specifically on Marion County Assessor Map R5 1W Section 18AD Tax Lot 3200. 2. The property consists of two zone districts approximately 60% of the westerly portion of the property is zoned RM (Multi-Family) while the easterly 40% of the property is zoned RS (Single Family Residential). 3. The property in the RM portion contains an eight unit apartment with 4-2 bedroom units and 4-1 bedroom units. No units are presently located in the RS designated area. 4. The RS Zone District boundary incorporates Tax Lots #2200 and #1900. COMPREHENSIVE PLAN FINDINGS 1. The subject property is located in a multi-family residential enclave that abuts single family residential uses to the north and east. To lessen the potential deleterious effects on adjacent single family residential uses the applicant is proposing the structure be only one story in height and be screened with a 7' high fence. 2. The Comprehensive Plan Map identifies this property as Multi-Family Residential. 3. The proposed change in the zone map from Single Family Residential to Multi- Family Residential assists in fulfilling a need to accommodate multiple family housing objectives in Woodburn. CONCLUSION The applicants request is in keeping with the Comprehensive Plan Maps Multi-family designation. ZONING ORDINANCE FINDINGS 1, Apartments are a permitted outright use in the RM District. In the RS District, duplexes are permitted only on corner lots. FINDINGS & CONCLUSIONS - ZONE CHANGE 99-01, SPR 99-02 - Orville & Dorothy Krebs 36 --,..-~... ...-..."....._.._...-y-...._..,--_......-~~-- EXHIBIT B Pig. ~ of ;2.. 2. The undeveloped portion of the property would not be conducive for the placement of a single family dwelling(s) based on the fact the property is an integral part of an existing multi-family complex. 3, Parking Requirements 2-3 Bedroom Apartments = 4 spaces 4-2 Bedroom Apartments = 8 spaces 4-1 Bedroom Apartments = 6 spaces TOTAL = 18 spaces required The applicant has provided for 20 parking spaces and exceeds standards. 4. The site plan illustrates the loading area (one 12' x 34' long loading space) for the proposed project. The loading meets standard. 5. The site plan identifies that it will be paved with parking spaces that meet standards. 6, The applicant has addressed and meets the Site Plan Review criteria. CONCLUSION The applicants request is in keeping with the zoning ordinance. FINDINGS & CONCLUSIONS - ZONE CHANGE 99-01. SPR 99-02 - Orville & Dorothy Krebs 37 "'9''''-- I EXHIBIT EXHIBIT _ e Page --'- of .~. - PLANNING DEPARTMENT CONDITIONS OF APPROVAL 1. The proposed development shall be in substantial conformance with the preliminary plan. 2. Comply with parking and loading requirements as specified in Chapter 10 of the Zoning Ordinance. 3. Comply with general planting specifications, buffering specifications and guidelines and maintenance standards as per the standards document for site plan reviewllandscaping, 4. Construct a 7' high obscuring fence as shown in the Site Plan. 5. Curbing, striping, sprinkler system, lighting and bicycle rack shall be kept in good condition. Any damage shall be repaired within a timely manner. 6. On site construction shall not commence until the improvement plans have been reviewed and approved by the public works department and all right-of-way permits, systems development charges have been paid. 7. Prior to occupancy permit issuance, the applicant shall comply with the conditions of approval established by the Planning Commission and submit one set of reproducible as-builts. 8. Conditions of approval also include the comments provided by the fire, police, building, parks, and public works departments are attached hereto and incorporated herein, 9. Any conditions attached to the approval of the site plan shall be conditions on the issuance of a building permit. A violation of the conditions shall be considered a violation of the ordinance, FINDINGS & CONCLUSIONS - ZONE CHANGE 99-01, SPR 99-02 - Orville & Dorothy Krebs 38 ....'-' .--y--------o-. ''1' -. SITE PLAN REVIEW ZONE CHANGE TAX WT 3200/GA TCH STREET EXHIBIT {'J Page~ of 7 A, GENERAL CONDITIONS: I. Final site plan shall conform to the construction plan review procedures and standards. 2, On-site existing water wells and subsurface sewage disposal systems shall be abandoned in accordance with state regulations. 3. This development shall not cause storm water runofTto be impounded on adjacent properties. 4, All work shall conform to the City of Wood bum Standards and all State Building Codes. B. STREET AND DRAINAGE: 1, The City has no storm sewer collection system in the vicinity, other then Gatch Street itself This development will need to discharge to the street through a weep hole in the curb. The surface runoff will not be allowed to discharge to the street across the sidewalk, a strip drain at the approach would be required if this was the proposal. 2. The driveway approach shall conform to current city standards for a commercial driveway. 3, The recycling area as identified on the plan appears to outside of the existing ingress/egress easement. c. SANITARY SEWER: I. Sanitary Service can be provided from the existing main within Gatch Street. However, The property being under one ownership the applicant has a choice of; A. Using the existing service to the parcel, ifit has sufficient capacity and/or grade B, Install a new service to the city main in the center of Gatch Street, all cost associated with this is to be lJome by the applicant. Proper pennits will also be required th~ugh the Public Works Department. D. WATER: 1. Domestic service can be provided from the existing city water main within Gatch Street. The Water meters are to be plaeed'v1th the Gatch Street right-of-way. 2. Proper backflow prevention device will be required on each domestic and/or lawn irrigation meter provided. 3. Fire protection requirements, including access for emergency vehicles, shall be as per the Woodburn Fire Districts conditions of approval, The proposed duplex may exceed the allowable distance to the nearest fire hydrant. 39 ... ""-....-<--t-----~~._......__ '1t' ,,, WOODBURN FIR Prevention D Site Plan Review EXHIBII _ c., Page...:2- of '7 Memo To: Steve GoeckIitz, Planner City of Woodburn From: Robert Benck Fire Marshal Facility/ Project Name: Krebs Duplex Location: 200 Blk, Gatch St. Occupancy Class: R-3 A. Access: 1. Exterior of Facility: Driveable access to within 150 feet of all sides of all structures. Access ways over 150 feet in length must provide turn around location. Minimum access width is 20 feet. Access way must be maintained free of obstructions 2. To Interior of Facility: Appears to meet requirements. B. Building Exit System: Issues to be addressed to City Building Department for Fire & Life Safety Plans Review. 1. Occupant Load: 2. Number of Exits: 3. Exit Hardware: 4. Exit Signage:, 5. Emergency Lighting: C. Fire flow/ Water Supply: 1000 gpm fire flow, D, Hydrants: One hydrant, to be located near entrance to drive on Gatch St E. Sprinkler/FDC: NA F. Alann System: As required by building code for residential occupancies, G. Premise IdentifICation: Markings and location to meet city standards, Address must be posted at the access point on Gatch St. 40 ....- .. .,. H. Special Occupancy Requirements: NA EXHIBIT/- c... Page....:;J:.... of 7 L Building Size & Limitations! Type of Construction: Within limits 1. Fire and Life Safety Review Requirement: By City of Woodburn Building Official. K. Special Comments: An onsite water supply system ID.lIll be available, operational and acceptable to the city prior to the construction of combustible buildings. Access during construction must support the weight of Fire Apparatus and allow access to facility. COMPLIANCE WITH THESE REQUIREMENTS DOES NOT CONSTITUTE PERMISSION TO BUILD. BUILDING PERMITS AND PLANS REVIEWS BY THE APPROPRIATE BUILDING OFFICIAL IS REQUIRED. PERMITS AND APPROVED PLANS MUST BE ONSITE DURING CONSTRUCTION. WOODBURN FIRE DISTRICT 1776 Newberg Hwy. Woodburn, OR. 97071 (503) 982-2360 Fax (503) 981-5004 41 ~._ ~_C'_c_"___'_"---Y--.' . III o EXH'5c: ry Page of SUBDIVISIONI SITE PLAN REVIEW - PRE-APPLICATIONI NOTES ------------------------------------------ REQUEST DATE: March 11, 1999 DEPARTMENT: Building -(:{ REC'O 17 MAR 1 1 1999 CONTACT PERSON: Planning Department, 982-5246 APPLICANT: George Wilhelm 'I woooc'Uj"': ,>'. TYPE OF PROJECT: Change four tax lots totaling 11,88- sq,ft. FrorrPRg'-rR~s'idential Single Family) to RM (Residential Multiple), PROJECT LOCATION: Intersection of Young and Gatch Streets, T5S, R1 W, Section 18AD, Tax Lot 3200 (previously Tax Lots 1900, 200, 2100 and 2200). CONFERENCE PLACE: Conference Room Woodburn City Hall Date: March 18, 1999 TIME: 11 :00 am GENERAL INFORMATION TO APPLICANT I have read the information sheet provided me and understand that which is pertinent to my Site Plan Review/Pre-Application request. All materials are to be collated and folded. Signature - Owner/Agent DEPARTMENT COMMENTS (f):{vt ,RN\ s~~\ 5~o"\..lt ,..".\.\ ~OA. \I~~ sP~s. @ -&"':E>M~T ~ ~m0-\.(4:s~ Ve.$.l.low WoClJM-~~ UJj R:,t4uT AfPlu.l.S~ ~r b ~~~ ~lJ...J ~LLt:rS:$li&k& ~u-\ts- ~O Pu~kl~ ~_ ~s.\,L- ~~\,\\.to~. @ O~ No ~\. ~ ~ ~h\.U,' {- II:IE FOLLOWING IS REQUIRED AFTER PRE-APPLICATION CONFER (S) ~...h.L,- rt4.,~~ ~"'t~ CoM.-~lcs,..L.6-~ ~L pLfU1{.. 1) Eight (8) copies of Final Plan must be brought into Public Works 2) "As Builts" must be provided prior to issuance of the building permit PILov-AL~ f2--s CE: CDt4<>Tt2-u (nO ~ k3'-'..J 42 SPRPRE,FORM ....-' ,--......--.-..-.. . .'" City of Woodburn Police Departmellt EXHIBIT C, Page ~ of '7 MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-2345 Craig Halupowski Patrol Officer Date: March 18,1999 To Steve Goeckritz, Community Development Director Subject SITE PLAN REVIEW Krebb Site Development Projlt 97069 AP After reviewing this site-plan, I would make the following recommendations: 1. Signage should face north/south in front of the building on Gatch St. The numbers should be at least 6" in height and the sign should be illuminated enough to be seen from the street. 2. Landscaping shrubbery/bushes should be no higher than 3 to 4 feet and should not obstruct windows. There should also be at least 1 foot of clearance underneath all bushes and 6 feet of clearance underneath all trees. 3. Approval of the lighting by Staff in a way that it will provide reasonable illumination without disturbing the tenants in or adjacent to the property. 4. The parking lot needs better lighting, 5, Front doors should have dead bolts and peep holes, the rear sliding door should have pin locks. The rear sliding door glass should also be shatter resistant. 6. Owner/Manager must become and stay a member of the Enhanced Safe Properties Program. 43 .........' "--"-Y--~-"-- ''Il' exHI~ r:., Page of 7 SUBDIVISIONI SITE PLAN REVIEW - PRE-APPLICATIONI NOTES ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ REQUEST DATE: March 11, 1999 DEPARTMENT: Parks CONTACT PERSON: Planning Department, 982-5246 APPLICANT: George Wilhelm TYPE OF PROJECT: Change four tax lots totaling 11,88- sq,ft. From RS (Residential Single Family) to RM (Residential Multiple). PROJECT LOCATION: Intersection of Young and Gatch Streets, T5S, R1 W, Section 18AD, Tax Lot 3200 (previously Tax Lots 1900, 200, 2100 and 2200). CONFERENCE PLACE: Conference Room Woodburn City Hall Date: March 18, 1999 TIME: 11 :00 am GENERALINFORMA TION TO APPLICANT I have read the information sheet provided me and understand that which is pertinent to my Site Plan Review/Pre-Application request. All materials are to be collated and folded. Signature - Owner/Agent ~ L\8 ~ ~ O() DEPARTMENT COMMENTS ?f.\z. \) N \~ ~ ~ q, <=>~.O<:J THE FOLLOWING IS REQUIRED AFTER PRE-APPLICATION CONFERENCE: 1) Eight (8) copies of Final Plan must be brought into Public Works 2) "As Builts" must be provided prior to issuance of the building permit SPRPRE.FORM 44 ~- , '11'