Ord 2189 - Site Plan App 95-10
COUNCIL BILL NO. 1784
ORDINANCE NO. 2189
AN ORDINANCE GRANTING SITE PLAN REVIEW APPLICATION 95-10 (LUBA NO. 95-
195) ON REMAND; MAKING FINDINGS AND CONCLUSIONS; AND DECLARING AN
EMERGENCY.
WHEREAS. the applicant, Gary LaPoint, originally applied for Site Plan Review
approval in case 95-10; and
WHEREAS. the City Council granted the application in Site Plan Review Case
95-10 and this decision was appealed to the Land Use Board of Appeals (LUBA) in
LUBA No. 95-195; and
WHEREAS, after its review, LUBA remanded the case to the City Council to
address two assignments of error: Woodburn Zoning Ordinance 11.020(d) (Exterior
Surfaces) and Woodburn Zoning Ordinance 11.020(e) (Sign Plan); and
WHEREAS. the City Council conducted a remand hearing on March 10, 1997,
and heard testimony relevant to the assignments of error; NOW. THEREFORE.
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The City Council, after considering the testimony at the remand
hearing, grants Site Plan Review Application 95-10 (LUBA No. 95-195).
Section 2. This site plan review application is approved based upon the
findings and conclusions contained in Exhibit" A' which is attached hereto and by this
reference is incorporated herein.
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 fO;:r;.~ ~
City Attorney
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Date
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COUNCIL BILL NO. 1784
ORDINANCE NO. 2189
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APPROVED:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: ~~~tE~~~;~or~er
City of Woodburn, Oregon
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COUNCIL BILL NO. 1784
ORDINANCE NO. 2189
March 24. 1997
March 25. 1997
March 25, 1997
March 25, 1997
SPR 95-10
Findinqs and Conclusions
EXHIBIT. A.
FINDING: WZO 11.020 requires, as part of any application for site
plan review, "Specifications as to type, color and texture of
exterior surfaces of proposed structures." The applicant has
submitted colored exhibits with explanatory text, in compliance
with this standard, and adequately addressing the issue remanded
from LUBA.
FINDING: WZO 11.020 requires, as part of any application for site
plan review, "A sign plan, drawn to scale, showing the location,
size design, material, color and methods of illumination of all
exterior signs." The applicant has submitted colored exhibi ts with
explanatory text, in compliance with this standard, and adequately
addressing the issue remanded from LUBA.
FINDING: Applicant submitted a modified site layout diagram,
identified as the "Proposed Submittal", and at hearing, through
counsel, explained the modifications. The "Proposed Submittal" is
in substantial compliance with the standards for review of a site
plan, and is substantially similar to the site layout diagram
submitted with the application originally, such that it does not
substantially change the application nor substantially alter the
consequences, upon other landowners or the public, of this proposed
use of the subject property.
CONCLUSION:
1. The applicant is requesting site plan review approval of a gas
station and car wash.
2. SPR 95-10 is a permitted use.
3. The applicant has submitted evidence satisfying the remaining
issues remanded from LUBA, fUlfilling the site plan review
approval.
4.
The site plan, with
"Proposed Submittal"
applicable standards,
the submitted evidence and
layout diagram complies
and should be approved.
with
with
the
all
The applicant has
governing Woodburn
remanded from LUBA.
submitted data adequately satisfying the
Zoning Ordinances, and satisfying the issues
,