Ord 2183 - Affirm Plan Com 95-26
COUNCIL BILL NO. 1755
ORDINANCE NO. 2183
AN ORDINANCE AFFIRMING THE DECISION OF THE WOODBURN PLANNING
COMMISSION; APPROVING SITE PLAN REVIEW APPLICATION 95-26; AND
DECLARING AN EMERGENCY.
WHEREAS, the Woodburn Planning Commission conducted public hearings on
Site Plan Review Application 95-26 on August 8, 1996; and
WHEREAS, the Woodburn Planning Commission issued a final order approving
Site Plan Review Application 95-26 on August 22, 1996; and
WHEREAS, the Woodburn City Council called up the decision of the Planning
Commission and conducted a public hearing on October 15, 1996; and
WHEREAS, the Woodburn City Council closed the public hearing and the
hearing record, considered the written agruments submitted by the applicant, and
directed staff to prepare an ordinance of approval; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That the decision of the Woodburn Planning Commission on Site
Plan Approval Application 95-26 (Applicant: FHDC) is hereby affirmed.
Section 2. That the City Council hereby makes a final land use decision on Site
Plan Approval Application 95-26 (Applicant: FHCD) granting and approving said
application based upon the findings and conclusions contained in Exhibit" A" which
is attached hereto and, by this reference, incorporated herein.
Section 3. That the approval of said Site Plan Application is subject to the
conditions contained in Exhibit "B", which is attached hereto and, by this reference,
incorporated herein.
Section 4. This ordinance being necessary for the immediate preservation of
the public peace, health and safety, and emergency is declared to exist and this
ordinance shall take effect immediately upon passage by the Council and approval by
the Mayor. Y)
'"Y1/-\.- /'\R ~ 10 - ? Z ,- '1/'
Approved as to form: ' / . V ~
City Attorney Date
Page 1 -
COUNCIL BILL NO. 1755
ORQINANCE NO. 2183
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APPROVED:
Passed by the Council
Submitted to the Ma.yOI" Council President
Approved by the II.L,SI Council President
Filed in the Office of the Recorder
ATTEST:l1~~~
Mar ennant, City Recorder
City of Woodburn, Oregon
Page 2 -
COUNCIL BILL NO. 1755
ORDINANCE NO. 2183
October
October 29, 1996
resident
October 29, 1996
October 29, 1996
EXHIBIT A
FINDINGS AND CONCLUSIONS
A Woodburn Zoning Ordinance .
Chapter 8 General Standards
Section 8.040 SpM,,1 Setb",,\c Distances
(aX5) Cleveland Street, Settlemier Street to Front Street ......30 feet.
FINDING: The applicant bas shown compliance with this special setback
distance.
Section 8.150. Front Yani Prqjections The following front yard projections are exempt
from the front yard setbll..lr provisions and need not be inclllMd when determining the
average setbacK, to wit:
(B}UncowI'ed porches and covered unenclosed porches, when not more than one
story high. which do not emnd more than 10 feet beyond tile front walls of the
building and the 1I.00rs of which are not more than four feet above grade. In no
case shII1l such projection come closer than 10 feet from tile property line.
F'lNDING: The applicant bas complied with this section of tile Woodburn Zoning
Oldi,ulI"'JC. Refer to the submitted site plans and the applicants II8lT8tive page 20.
There are ground leYe1 porches which extend into tile required setback area, but as
stated above these porches are exempt from the setback provision.
,
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Section 8.190. Vision c.\PJlt1Ince. The Vision Clearance area is a triangle measured with
two thirty foot legs measured from the corner of tile intersection. The Vision Clearance
shall not contain any plantings, walls, structures, or temporary or permanent obstructions
to vision exceeding 30 inches in height above the cwb level.
FINDING: The Preliminary Landscape Plan shows no structures or plsntings within
the Vision Clearance area on either comers of the lot.
I - SPR95-26
EXHIBIT "A"
Page 1 of 6
CONCLUSION: The applicant meets the requirements as stipulated in Chapter
8 General Standards of the Woodburn Zoning Qrdinanoe.
Chapter 9 Residential Standards
Section 9.045. Front Y8rd ~...Jc Evely building shall setback. from lot lines adjacent to
streets at least 20 feet. .
FINDING: All proposed residential structures are setback. from the lot lines
adjacent to streets lit the min;mnm 20 feet.
CONCWSION: Meets the st,ndncds required under Chapter 9.
Chapter 10. Off-Street Parking, LowGI1g and Driveway Requirements
Section 10.050 Off-Street Alltnmnhile PllM11f R"'(IJri.............. Off-Street 1ll1tomobile
parking shall be provided in the IIIlOUlIts not less than those listed below:
(b)' Dwdlings contllinillg 2 or II1OI'e dwdlings units 10cated on the same lot.
(2) two spaces per cfwdIing UDit having two or II1OI'e bedrooms.
FINDINGS: 12 two-bedroom units are proposed. thefefore twenty four (24)
parking spaces are l"'iuil.ed. 1'M:laty four spaces are being provided for the
~1I1 portion of the project. The applicant bas met the parking requirement.
(y) Bank; Office Buildings (except Medical and Deotal):
(1) One space per SOO square feet of gross floor area plus one space per
two employees.
FINDING: The total square footage of the office is 1,500. This requires 3
parking stal1s. The app1icPt bas stated there will be 4 employees wbidt requires
2 stal1s for a total offive. The applicant bas met the parking requirement.
,
Section 10.060. Off_~ T ...."iIIf ~r....V!tItJl Off-Street kIadiDg space shall be
provided in the amounts listed below.
(a) A minimllm loading space size of 12 feet wick; 20 feet long, and 14 feet high
when covered sball be required as follows:
(I) For mJlti..fiunily dwellings with 10 or II1OI'e dwelling units - one space.
FINDING: The Site Plan illustrates the loading area for the proposed project.
The loading area meets the standard because both fiIcilities are incorporated into
the same property..
Section 10.080. Driveway St8n"8f(1~
o Driveway access for Multi-Family units with off-street parking:
Dwelling Unit Maximum Width
2 - SPR95-26
EXHIBIT" A"
Page 2 of 6
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11 - 100 units
Minimum of two accesses of24 feet
FINDING: The applicant is providing two access points for the site, one on Oak
Street and the other to Cleveland Street. The width of the driveways are 25 feet
as shown on the submitted site plan. The maximum driveway width is 24 feet.
This standard bas not been met and shall be complied with prior to construction.
CONCLUSION: The applicant bas satisfilctorily met the requirements of this
chapter.
Chapter 11 Site Plan Review
Section 11.030 Approval of Site Pian Reqpired
(a) No building permit for construction of stnlctures governed by this cl1apter shall be
issued until the Site Pian for that strocture bas received approval under the provisions of
this chapter.
(b) Any conditions attached to the approval of this Site Plan shall be conditions on the
issuance of the building pennit A vioIaIion of the oonditions shall be considered a violation
of this ordiDance. .
Section 11.070 Criteria for """hl~til1i a Site Plan
FINDING: The app1icant bas addressed the Site Plan Review criteria adequately, see
attached narrative with the Site Plan Review application from applicant.
(a) The p1a<.........m of stnlctures on the property shall minimi7.e adverse impact on
adjacent uses.
FINDING: All of the proposed sttuctures arc located within the required
setbacb The urounding uses arc mixed in nature with single fiunily units, public
bJl1dir1glo and commercial establishments. The placement of the stnlctures on the
lot arc as follows:
"
p~1 portion of the project fiwes the single fiunily residences to the
west. The front portion of the apartment complelt bas front porches,
balconies and "entry courts" to help buffer the appearance of the
apartments from the adjacent single family residential uses.
Office portion is 10cated at the north side of the site adjacent to the existing
city parking lot. The adjacent uses to the east is commercial retail which
is a more intense use than the proposed office.
(b) Landscaping shall be used to minimi7.e impact on adjacent uses.
FINDING: Landscaping is proposed along the street frontage of Oak, First and
Cleveland. The required setback areas will also be landscaped to belp minimize the
3 . SPR95-26
EXHIBIT" A" .
Page 3 of 6
impact on adjacent uses. The total percentage of landscaping for the site is
approximately 49"10. The landscaping percentage required for the proposed use is
20%. The applicant has exceeded this standard.
(c) Landscaping shall be so located as to maximize its aesthetic value.
FINDING: The landscaping proposed is located on the site to maximize its
aesthetic value. The 1andscaping is located along every street frontage where the
public will view the project.
(d) Access to the public streets shall lTIinimi7,C the impact of traffic patterns.
Wheoever possible. direct access shan not be a1lowed to arterial streets. Wherever
possible, access shall be shared with adjacent uses of a simi1ar nature.
FINDING: The site will access Oak Street and Oeve1and Street, neither of these
streets are classified as arterial streets. Sharing access with adjacent uses would
nearly be impossible due to the project taking up almost half of a city block, with
a wall on the east side. .
(e) The design of the drainage facilities shall minimi7,C the impact on the city's or
other public agencies drainage filcilities.
FINDING: The project will utilize the city's drainage facilities.
(t) The design encourages energy conservatioD, both in its sitting on the lot. and
its accommodation of pedestrian and bicycle traffic.
FINDING: Pedestrian and bicycle traffic will be able to access this development.
Bicyde racks will be provide under the stairs fur the residents of the project. There
are sidewalks from each building to the public street system.
(g) The proposed site development, including the arcbiteclure. t.ntttu".llpiDg and
graphic (jHigJ". is in conformity with the site development requirements of this
ordinance and with the standards of this and other orin.- insofilr as the
location and appearance of the proposed development are involved.
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,
FINDING: The applicants proposal has compIicd with the CU1Tellt ordinAnces and
standards discussed in this staff report.
(h) The location design, color and materials of the elrterior of all structures and
signs are compau'ble with the proposed development and appropriate to the
character of the immediate neighborhood.
FINDING: The applicant has addressed this Site Plan Review criteria. The
clJaracter of the neighborl1ood is both single fiunily and commercial. The site plan
indicates that the structure will have lap siding, composition root: lighting, and
4 - SPR95-26
EXHIBIT " A"
Page 4 of 6
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porches. 'The colors and materials have been supplied to the planning department
on a color board.
Section 11.085 Time Limitation
At the time of final approval the applicant bas six months to initiate construction.
If construction bas not begun within this time frame, the applicant can request in
writing, a six-month extension. The Site Plan becomes void one year after final
approval: Therefore, the applicant would have to reapply after that time period.
CONCLUSIONS: 'The applicant bas addressed the site plan criteria pertaining to
Chapter 1 t of the Woodburn Zoning Ordinance.
Chapter 26 RM Multi-Family District
Section 26.010.11Z.
(b) Unlimited number of dwelling units as prescribed in Section 26.080 including:
(11) Apartment Houses
FINDING: The proposed use is permitted.
Section 26.050. Side And RP.Rr Yards.
(a) There sba1I be a side yard IJld rear yard on evecy lot in an RM District, which
yards sba1I have a minimum depth as follows:
(2) Two stories seven feet
Provided there sbaII be added to the side yard IJld rear yard minimum requirements
afuresaid, one foot for each multiple of IS feet or portion thereot: that the length
of that side of the building measures over 30 feet.
FINDINfr. 'The site plan illustrates the required setbacks. The setback
requirements have been met.
Section 26.060. FmntYIIll. In an RM District, there sbaIl be a mininnpn front yard of 20
feet. No parking sbaIl be allowed within 20 feet of the front lot line.
FINDING: The applicant bas met this requirement.
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Section 26.080 Lot Area And Width. In the RM District the minimum lot area
requirements for other residential uses sba1I be 5,000 square feet plus additional lot area
computed as follows:
(a) For the first through fifth unit:
(2) For each dwel1ing unit with two bedrooms 1,600 sq. ft.
(b) For the sixth dwelling unit and each succee<ling dwel1ing unit:
(2) For each dwel1ing unit with two bedrooms 1,675 sq. ft.
5 - SPR95-26
EXHIBIT" A"
Page 5 of 6
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FINDING: The site for the apartment area is approximately 27,120 square feet
in size. The minimum lot size requirement for 12 units is 24,725 square feet. The
applicant bas met this requirement.
CONCLUSION: The requirements and standards of Chapter 26 of the Woodburn
Zoning Ordinance have been met.
Chapter 31 CB - Central B",,;"""" District
Section31.010.ll&
<a> Any use permitted in an RH District and a CO District
FINDING:The two uses proposed are permitted within the CBD zoning
designation.
Sections 3 U1400 1.050. "R....r YardlSide Yard No rear yard is required. If a rear yardlside
yard is provided it sball not be less than five feet in depth. A rear yard sball be provided
in a CB District when the buildings or stroctures or portions thereof on a lot lire used for
residential purposes. in which cases rear yard restrictions in the RH Districts sball apply.
FINDING: The office portion of the site bas a five foot side and rear yard. .The multi-
WniI.y portion oftbe site bas complied with the setbacb required per cbapter 26.
CONCLUSION:The proposed office comp1ex meets the stand..-ds as required by Chapter
31.
Section 31.060. Front Yard No front yard sball be required in the CB District.
FINDING:The app1icant is providing a five foot front yard adjacent to Cleveland Street.
The yard will be III'(!~ as indicated on the laI'(!~ plan.
B. Landscaping Standards
FINDING: Appro,.;m-tP.ly 49".4 of the lot is proposed to be landscaped. This is sufficient to
meet the landscape requiremeots of the RM district.
C.
Sign Ordinance
.
,
FINDING: The sign plan submitted meets the intent of the ordinance.
CONCLUSION: The landscape standards as required by the RM District are met in addition to
the proposed sign plan.
6 - SPR95-26
EXHIBIT "A"
Page 6 of 6
EXHIBIT B
CONDmONS OF APPROVAL
PLANNING COMMISSION
1. The proposed development shall be in substantial conformance with the preliminaIy plan.
2. Comply with vision clearance standards per Cbajrtec 8.
3. Comply with parldng requirements of the Zoning Ordinance.
4. Comply with general pl.nfir1g specifications. buffering specifications and guidelines and
m.int.....""" stlitvl"'ds as per the standards document (pgs 1 and 2) for site plan
reviewllandscaping.
5. Curbing, striping, sprinkler system, ligJrtirlg and bicycle rack shall be kept in good
condition. Any ~.....ge shall be repaired within a timely m..........
6. On site constJUc:tion shall DOt comtnP.IIM until the improvement plans have been reviewed
and approved by the public works department and all right-of-way permits, systems
deYelopmeat charges have been paid. Refer to part two Pg 9 of the standards document
for site plan review (Randy Scott 982-5247).
7. Prior to bl..'1m11g permit .,'ftN', pay appropriate systems developmc:qt charges in effect
It that time. AppIiQtmt IbaD. sbowto the but'Lfn!g .tmeat a set ofapproved ~
drawiDgs and a site plan drawn to scale that iDdicates buildiDg location and setbacIc
distances to property lines.
8. Prior to ocCup.ocy permit isst',ftN', the appIicaDt shall comply with the conditions of
approval established by the ~ Commi....w.. and submit one set ofreproducible as-
builts. .
9. Conditions of approval also include the foIlowiDg fttlI..m-.n. A through E.
.
,
IL
Provide the PLumiIlg Departmeot a fiDallandscape plan prior to the i""".""C of a building
permit.
1'Wo r<>1'tlO a~"~1i.
provide.efi5 off street loading spaceSfor the 12 unit apartment'complClt as required by
Chapter 10 Seciton 10.060. (A)(I) &; (2).
10.
Conditions from other departments:
Fire Dept:
Police:
Building:
Public Works
Wastewater:
See .Attacbment A
See Att."hment B
See Attachment C
See Attachment D
See Attaclunent E
8 - SPR95-26
EXHIBIT "B"
Page 1 of 8
fJ!J@@fiJftJf!JJIRW flU IR[E fiJU ~i!IRU (f;i!
FIRE PREUENTION DIUISION
SITE PLAN REVIEW COMMENTS
Memo To: Jason Tuck, Planner Date:. May 13, 1996
City of Woodburn
From: Bob Benck, Fire Marshal
Woodburn Fire District
Facility Name: Farmworker Housing Development Corp. Cleveland St.
Occupancy Class: R-1
Build. Permit No.
A. ACCESS:
1 . Exterior of Facility:
Adequate access to the structures is adequate. Fire District
must be consulted prior to placement of any fences that may effect access
to building or placement of ladders for firefighting purposes.
2. To Interior of Facility:
Finalized plans should indicate location of rescue windows and
doorways.
B. BUILDING EXIT SYSTEM:
1. Doors/Corridors:
No information at this time
2. Emergency Lighting:
3. Other Systems:
'. C. FIRE FLOW / WATER SUPPLY:
Based on type V-1 hour construction the minimum flow
requirement is 1,750 gpm for the apartments. The office complex would be
the 1,500 gpm minimum.
EXHIBIT "B"
Page 2 of 8
Attachment A
D. HYDRANTS:
One hydrant within 250 feet of the project. Current hydrants
meet this requirement.
E. SPRINKLERS / FDC :
A residential sprinkler system is recommended.
F. ALARM SYSTEM :
Single-station smoke detectors are required in all sleeping
areas and adjacent to bedrooms. Heat detectors are required in common
recreational rooms, and laundry rooms.
G. PREMISE IDENTIFICATION :
Address system to be approved by the Fire District and in
conformity with city standards. Address must be visible from public way
and posted during construction.
H. OCCUPANCY/SPECIAL OCCUPANCY REQUIREMENTS:
I. BUILDING SIZE & LIMIT A TIONS/ TYPE OF CONSTRUCTION:
proposed building appears to require a minimum of type V-1 hr.
construction to meet maximum size requirements in an unsprinkled R 1
building with yard limitations on two sides.
J. FIRE & LIfE SAFETY REVIEW REQ.:
A Fire & Life Safety review will be required by Marion County Building
Department.
K. SPECIAL COMMENTS:
"
COMPLIANCE WITH THESE REQUIREMENTS QQES..J:iQI CONSTITUTE
PERMISSION TO BUILD. BUILDING PLAN REVIEWS BY MARION
COUNTY BUILDING DEPARTMENT AND OR CITY OF WOODBURN MUST
BE COMPLETED,AND PERMITS OBTAINED.
1776 Newberg Hwy.
Woodbum, Or. 97071
982-2360
EXHIBIT "B"
Page 3 of 8
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CITY OF WOODBURN
POLICE DEPARTMENT ~@~[Q)~
Paul E. Null
Patrol Ope
Woodburn, Oregon 97071
982-2345 Ext.352
270 Montgomery S
Date: June 21, 1996
To: Jason Tuck, Planning Dept.
RE: Esperanza - Farmworker Housing Development
Recommendations:
1. As a condition of site plan approval, Housing Managers will participate in, and encourage
tenants to participate in, the Enhanced Safety Ploperty Program, when adopted by the Woodburn
City Council.
2. Low Pressure Sodium or Halogen lighting be installed to illuminate parking and walkway areas
within the complex.
3. Entry doors should be solid core doors equipped with minimum 1 inch dead bolt locks. Dead
bolt strike plates should be reinforced with 1 inch minimum screws.
4. Apartment numbers or addresses should be affixed to, or near, entry door and illuminated with
light. Numbers should be a minimum of 4 inches in height.
5. If sliding glass doors are t,8 installed, sliding portion of doors should be mounted on inside track
to allow for security.
'.
6.
Recommend exit/entry driveway be illuminated with a street light and stop sign.
7. Low shrubbery and open trees are recommended to prevent concealment by unwanted persons
and to insure visibility of small children.
EXHIBIT "B"
Page 4 of 8
. Attachment B
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SITE PLAN REVIEW -- APPLICATION CONFERENCE I NOTES
----------------------------
REQUEST DATE: June 11, 1996
DEPARTMENT: Building
CONTACT PERSON: Jason Tuck, Planning Dept, 982-5246
APPLICANT: Farmworker Housing Development Corporation
TYPE OF PROJECT: Site Plan Review for a 12 unit apartment complex and a 1,500 square
foot office building to accammodate the office for Farmworker Housing Development Corp.
PROJECT LOCATION: 1st and Cleveland. T5S, R1W, See l8BA TL 10100. 12200.
CONFERENCE PLACE: Conference Room I Woodburn City Hall
MEETING DATE: June 24,1996 TIME: 1:30 P.M.
GENERAL INFORMATION TO APPLICANT
I have read the information sheet provided me and understand that which is pertinent to my Site
Plan ReviewlPre-Application request. All materials are to be collated and folded.
Signature - Ownerl Agent
DEPARTMENT COMMENTS
/ILL hAN~ ShAU. bE 5,,61f,-r-rtfJ 10 c.>/r.".f w~/JOr,f) ~r
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tt1~t.I;" (~N1F f,r& /..;.f~ <6 SwI.fIF-rr f?t.~A( rJ:V (~~. JI, tlHrk. b h14L"
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EXHIBIT "B"
Page 5 of 8
Attachment C
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SITE PLAN REVIEW
ESPERANZA COURT
Randy Scott
Public Works
GENERAL CONDITIONS
1. Final plans shall conform to the Construction Plan Review Procedures and
Standards.
2.
The owner, not the City of Woodburn, is responsible for obtaining permits from
any state and/or federal agencies which may require approval andlor permit.
3.
Any existing on-site water well or sewage disposal system encountered shall be
abandoned in accordance with state regulations.
4.
All work shall conform to the City of Woodburn standard specifications and all
state building codes.
STREET
1.
Driveway approaches shall comply with City of Woodburn commercial
standards.
2.
First Street, from Oak to Cleveland, shall be widened on the east side to match
the existing curb on First Street between Cleveland and Arthur. This may
require approximately 16 feet of widening.
DRAINAGE
1. No natural drainage shall be blocked or impounded by this development.
2. On-site storm system shall discharge through a pollution control device of either
a manhole or inlets.
3. Storm runoff shall discharge into the existing storm sewer in First Street.
'.
SANITARY SEWER
1 . Sanitary sewer service can be provided from the existing sanitary sewer main
on the east portion of this development.
2. Provide 16-foot wide utility easement for existing sanitary sewer main traversing
across the east portion of this property/development.
Page 1- Site Plan Review
Esperanza Court
EXHIBIT "B"
Page 6 of 8
Attachment 0
_..~... T'~"""'----'--"--""'-""
TER
1 . Domestic water meters for the apartment units shall be placed within First
Street right-of-way.
2. Domestic water meters for the commercial unit shall be placed within Cleveland
Street right-of-way.
3. Fire hydrant locations and fire protection requirements shall comply with code
requirements and the Woodburn Fire District's conditions of approval.
4. Backflow prevention devices may be required depending on the water usage
(see Wastewater Department comments).
.
"
ESl'RANZA. Sl'R
Page 2- Site ptan Review
Esperanza Court
EXHIBIT "B"
Page 7 of 8
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SITE PLAN REVIEW -- APPLICATION CONFERENCE I NOTES
----------------------------
REQUEST DATE: June 11, 1996
DEPARTMENT: Wastewater
CONTACT PERSON: Jason Tuck, Planning Dept, 982-5246
APPUCANT: Farmworker Housing Development Corporation
TYPE OF PROJECT: Site Plan Review for a 12 unit apartment complex and a 1,500 square
foot office building to accommodate the office for Farmworker Housing Development Corp.
PROJECT LOCATION: 1st and Cleveland. TSS, R1W, See 18BA n 10100, 12200.
CONFERENCE PLACE: Conference Room I Woodburn City Hall
MEETING DATE: June 24, 1996 TIME: 1:30 P.M.
GENERAL INFORMA nON TO APPLICANT
I have read the information sheet provided me and understand that which is pertinent to my Site
Plan RevlewlPr..Application request. All materials are to be collated and folded.
Signature - 0_1 Agent
DEPARTMENT COMMENTS
Re~resent1n2 the Water De~artment. the Water Denartment will reouire
a Double ChQ~k A~R~~hly on ~h~ nnm~~~ir v~+~? 1in~ and a nOlthl~
Check on the irrigation system (if~..'ir)","'"
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Dopt.
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Post-It~ brand fax transmittal memo 7671
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Attachment E
of 8
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