Ord 2167 - Zone Chng Hwy 219/I-5
COUNCIL BILL NO. 1703
ORDINANCE NO. 2167
AN ORDINANCE CHANGING THE ZONING DESIGNATION ON CERTAIN PROPERTY
LOCATED ON THE SOUTHWEST CORNER OF HIGHWAY 219/1-5 INTERCHANGE
FROM INTERCHANGE OISTRICT (lD) TO COMMERCIAL RETAIL (CR); AMENDING THE
WOODBURN ZONING MAP; APPROVING A SITE PLAN REVIEW APPLICATION;
ACKNOWLEDGING A LOT LINE ADJUSTMENT; AND ATTACHING CERTAIN
CONDITIONS THERETO.
WHEREAS, the applicant, Joseph R. Fox, submitted application 95-07 for a
zone change from Interchange District (lD) to Commercial Retail (CR), and
WHEREAS, application 95-14 was also submitted by the applicant for site plan
review approval, and
WHEREAS, application 95-12 was also submitted by the applicant for an
administrative lot line adjustment, and
WHEREAS, the Woodburn Planning Commission conducted a public hearing on
January 25, 1996 and recommended that the City Council approve said applications,
and
WHEREAS, the City Council conducted a WU1Q~.Q public hearing on March 25,
1996 and heard testimony on said applications, NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The subject property is owned by Joseph R. Fox and consists of
two separate tax lots.
Section 2. Parcel number one is a 4.69 acre triangular shaped tract of land that
is tax lot 1100 on Marion County Assessor's Map 52W12C. This parcel is legally
described in Exhibit" A" attached hereto.
Section 3. Parcel number two is a 20 foot by 920 foot strip of land containing
.42 acres and is tax lot 105 on Marion County Assessor's Map 52W11. This parcel
is legally described in Exhibit "B" attached hereto.
Section 4. That based upon the findings and conclusions contained in Exhibit
"C", the zone designation of parcel number one (referenced in Section 2 of this
ordinance) is changed from Interchange District (10) to Commercial Retail (CR).
Page 1 -
COUNCIL BILL NO. 1703
ORDINANCE NO. 2167
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Section 5. That the Woodburn Zoning Map is hereby amended to designate
parcel number one of the subject property as Commercial Retail ICR).
Section 6. That the Site Plan Review application on the subject property is
approved based upon the findings and conclusions contained in Exhibit "C".
Section 7. That the administrative Lot Line Adjustment previously granted on
the subject property is acknowledged based upon the findings and conclusions
contained in Exhibit "C".
Section 8. That the zone designation change and site plan approval on the
subject property are subject to the conditions contained in Exhibit "D" that the Council
finds reasonable.
Approved as to fOrm ~~ Lf - '1-1 b
City Attorney Date
APPROVED:
April 8. 1996
Passed by the Council
Approved by the Mayor
April 10, 1996
Apri 1 10. 1996
Submitted to the Mayor
April 10. 1996
Page 2 - COUNCIL BILL NO. 1703
ORDINANCE NO. 2167
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EXHIBIT "An
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EXHIBIT "B"
PAGE 1 OF 1
The most Easterly 20 feet of Parcel 2 of Partition Plat No. 91-117,
recorded December 9, 1991, in Reel 906, page 225, Microfilm
Records, Marion County, Oregon.
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EXHIBIT DC"
Page 1 of 20
BEFORE THE CITY OF WOODBURN
For a Zone Change from ID to CR,
Site Plan Approval and a
Lot Line Adjustment
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Case No.
In the Matter of the Application of:
JOSEPH R FOX
APPLICANT'S STATEMENT
Comes now the applicant, by and through his attorneys Wallace W. Lien, P.C., and hereby
provides information justifying the changes sought in this application.
1. Nature of the Application
This application is for a zone change, to change the zone from its current Interchange District
(10) zone to a Commen:ial Retail (CR) zone, site plan review and approval and a.lot line adjustment
approval.
The Site Plan. approval is sought for the construction of a Ford automobile dealership for the
retail sales of new and used cars and ttuclcs. Approval of a lot line adjustment is sought to recognize
a slight increase in the size of the subject property.
No other portions of the land use rules or regulations of the City of Woodburn need to be
changed in order to efi'ectu~te the changes/requests sought by the applicant in this case. This is a
quasi-judicia11and use application.
2. Description of the Subject Property
The subject property is in 1ilct two separate'ux lots. The first, a 4.69-acre triangular shaped
tract ofland is tax lot 1100 011 Marion County asSei'~or's map 52WI2C. The second is a thin, 20-foot
by 92O-foot strip orland cootaining .42 acres. Both lots can be viewed in relation to one another in
Exluoit "A". The second strip of land runs along the entire length of the west side ofUX lot 1100.
The ,42 acre strip is tax lot 105 on as,sessor's map 52Wll. Because both are owned by the applicant
and will be the subject of the proposed development, both will be referred to herein as the "subject
property.. Assessors maps of the subject properties and the surrounding areas are contained in
Exlu1>it "D".
The property is located 011 the southwest com<< of the Highway 219/Interstate-5 interchange,
immediately adjaceot to Interstato-S, which borders the subject property on the east. State highway
219 borders the property to the north. The east and west property lines converge to the south,
Page I _ Applicants Statement (Joseph R. Fox)
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EXHIBIT .Cn
Page 2 of 20
forming the tip of the triangle. To the west lies the 9O-aa'e Davidson Farms, Inc., tract ofland which
was recently the subject ofland use action by the City.
The 4.69-acre tract ofland is currently zoned Interchange District (ID) and designated for
commercial use on the comprehensive plan. The 20-foot strip ofland is zoned light Industrial (IL)
and has an Industrial comprehensi~ plan designation. Applicant's zone change application applies
only to the 4.69-aac paroe1 and not to the 2o-foot strip. The site plan demonstrates that the 20-foot
strip of land will be used for trees, parking, a driveway and an on-site sewer line. All of these uses
are permitted in an IL zone, hence no change is required. Exhibit "E" is the relevant comprehensive
plan map and Exhibit "F" is the zone map for the area
The Davidson Farms, Inc., peoperty is zoned light Industrial. Across the street are two
zones. The first is the Miles ChcYrolet property which was previously zoned CO, but has recently
been rezoned to Cll The second is the poperty cIirectIy aaoss Highway 219 and it is zoned lD. The
entice eastern border of the subject property abuts Interstate 5 and its attendant right of way.
The property is f\at, without any remarkable topographical or physical characteristics; there
are no wet1ands on the property. 1bere are no structures or improvements currently located on the
site. An ODOT access pcnnit has been issued to applicant allowing access from the Sl19ject property
onto Highway 219, see Exhibit "K".
The decision by the applicant to seek approval for a retail automobile dealership was based
on the ideal suitability of the subject property for that type ofbo,":ness. This suitabi\ity is based on
specific industry criteria unique to the .momobile dealership bm.noess The ultimate success or
failure of app1icant's bI,p"-'~ clep-<k heavily on its location.
The location must have t::4S'j customer access. It must have high visibility from major traffic
corridors. It must be in or adjacent to a major population center. It must have sufficient land area ';;'
for long-tenn bo",;"""'~ growth. And, it must have municipal services. The aiteria used by the -
app1icant to detennine whether the subject property is a suitable site for an automobile dealership are
as fonows:
1. The site must have itJunccfo.... access to major highways, arterial streets and popu1ation
centers;
2. The site must demonstrate acceptable current future traffic volumes to assure long-term
m'9ft1'.<< vita1ity;
3. The site DJJSt have "t::4S'j access" fiom the major road systems to accow...Mate spo"'-"""'IJS
buyers. The subject propertY bas the greatest accesS'oility to entice spontaneOUS buyers;
4. The site must have eKCdIeat vis1bi\ity toward the road system with large frontages for vehicle
display. The subject property's entice east property line faces 1-5;
Page 2 _ Applicant's Statement (Joseph R. Fox)
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EXHIBIT ne.
Page 3 of 20
5. Usable land area must be a minimum of four (4) acres per franchise to allow for a business
life cycle of more than 20 years. The subject property has more than five (5) acres ofland;
6. The site shall be fiat or nearly so and in a shape to acconunodate vehicle display, visibility and
on-site traffic management and building design;
7. The site shall be free of hazardous materials;
8. The site shall have public services and utilities;
9. The site shall allow for long-tenn diversification and growth as market demands clwIge. A
greater land area (5 aaes) assures this criterion is met; and
3. Applicable Approval Criteria
The applicant bas identified the applicable approval standards for this case to include the
following criteria:
1. Chapter 7. of the Woodburn Zone Code re1ating to public hearings.
2. Chapter 15 of the Woodburn Zone Code relating to zone changes.
3. Section 9 of the woodburn Subdivision Ordinance relating to lot line adjustments.
4. 01apters 8,10 and 11 of the WoodbumZone Code re1a';"S to Site Plan Review.
4. Compliance with Zone Code Criteria
A. flIblic NPPJi
To support a d1aDgeinthemaedesigratinQ,ofthe subject property, WW 16.08O(b) requires
a showing of oeed for the mae change and that the subject property will best meet that need. A
showing ofneed can be ~ by addressing the commercial land development policy of the
city and analyling the CIOIIIIIlC(I:ia land inveotorY of the city.
1) C.om"".,...,;a! T "lid Tll!vetQpmf'.llt Policies
The city's ~ plan contains poticies relatil\g to commerc:ialland dcM:1opmeIIt in
the city. By examining these policies the need for additional commerc:ialland becomes apparent.
Policy B-1 requires the city to have an adequate supply of commercial land to meet its retail
needs. The city cum:ntly bas 141 aaes ofundcve1oped commercial land within the city. The 1988
comprehensive plan amendment indicates that as of 1988, the city anticipated a need for 335 aaes
Page 3 _ Applicant's Statement (Joseph R. Fox)
EXHIBIT .e.
Page 4 of 20
of commercial land to meet its growth needs through the year 2008.
With 13 years remaining in the 2o-year plan, the city has already seen 56% of its available,
undeveloped commercial land removed from its inventory. The applicant's proposal to rezone nearly
five aaes to be used for commercial development can only help the city meet its comrnercialland use
needs through the year 2008.
The comprehensive plan projects a conunercial acreage need of335 acres by the year 2008.
(page 37. table 10 of the comprehensive plan). Through 1995, the city recognized that 345 acres had
already been developed. The original projections contained in the comprehensive plan have already
been met, and the city still has 13 years of growth remaining before its 2o-year plan runs its course.
The original comprehensive plan a1so based its future commercial1ands inventOJY on a total
of 460 aaes of commcrciaI1Y zoned land within the city \imits and UGH. The city has recognized that
its original projections will fall far short ofits anticipated commercial1and needs. This estimate is
based on a population of 18,000 in the year 2008. This population estimate is woefully outdated.
A recent population SUMIY was oooclnned by the Port1and State Population ResearCh Center.
This study shows a c;urraIt popu1ation of15,232, up from the 1990 census popu1ation of 14,055, and
almost at the projected popu1ation for the ~ comprehensive plan period (2008). In other words,
Woodburn's population has grown liIster than anyone projected, and the comprehensive plan has not
kept pace by providing needed 1ands to satisfy this growth.
The subject property is in the I-SlHighway 219 interchange area. This area bas been
designated as one of only four locations within the city to be commercially developed. See
Comprehensive Plan, pgs. 13-14.
2) ~nriate\y 7Aned I And unllVllilable in the CR InventoQ'
Uoder the Woodburn Zoning ()rdinance, an automobile dealersbi.p is permitted in only three
zones: Commercial Retail (CR.), Commercial General (00) and Central Business District (CB).
Theref'~ any divn~ of the pJbIic need for a rezone and comprehensive plan change must focus
only on the availability ofland within those three zones.
The CB zoned areas of dowDtOwn Woodburn are simply too small to support a modem. high-
profile automOOiIe dealership. The CB distric:t is located between Oak and Harrison Streets and Front
and Third Streets in the heart ofWoodbum. There are no parce1s within this zone which C1Ccecd an
Page 4 _ Applicant's Statement (Joseph R. Fox)
EXHIBIT "C"
Page 5 of 20
acre in size.
Without any CB zoned land to evaluate, the focus is squarely on CR and CG property. If
there are no parcels which satisfy the criteria for the location of an automobile dealership, a public
need for such a tract ofland exists.
CG and CR zones were searched for parcels of sufficient size to accommodate a car
dealership. Only sevm parcds came WIder' consideration. An eighth parcel; the Miles Chevrolet lot,
is currently being dcvdoped for an automobile dealership and was not considered. Maps showing
the seven sites are contained in Exluoit -I". 'The seven parcels were selected beca' ."" they were the
only tracts of a sufficient size to .now placement ofa car dealership. An evaluation of the seven sites
follows.
parctll _ This tract is located on Mt. Hood Ave., just south ofTIerra Lynn Drive and is owned by
K-Mart. It is zoned eG. This propertY is already partially developed; the remAining 3.4 acres is too
small for a new and used car dealenhip.
pan:el1- Located at tile northwest intersection ofMt. Hood Ave. and Hwy. 99E, this is a CR zoned
p.arcd which is a1ready fully developed with a Safeway supennarlcet and other busi~~es ~ on
this Site.
Parcel 3 _ This is tract ofland is really twO separate tax lots owned by Pac:-West at the southeast
comer ofMt. Hood Ave. and Hwy 99E. Pac:-West bas no desire to partition this tract into separate
smaller lots. It is I1IO(e than 11 acres in Iize and maddles both the CG and CR zones. It abuts a CO
zone. At 11 acres, this property is fir too large to meet the needs of a five-aae automObile
dealenhip. It is simply economically unfeasible for an auto dealership to locate on this tract.
Parctl " _ This is a CRzoocd ~ owned by tile Jehovah's Wrtr-""" and is located on the east side --
ofHwy. 99E aaoss uOOiP~ Ave. It is partially developed with an existing cl1urcl1 facility. It
has vecy little c;ommen:ial frontage and the back portion of the irregularly shaped lot is the location
of tile c::burc:h facility. 'The lack aIJIJIor inadequacy of commen:ial access e1iminllt..... this parcel from
consideration. .
Parctl 5 _ This lot is zoned CR, with its commen:ial frontage cwrcntly developed. It is located on
the east side ofHwy. 99E, just south of PeterSOn Ave. Although it is 4.53 acres in size, its lack of
available c:uutl4el'Cia1 frontage makes this propertY unsuitable for development as an automobile
dealership.
Parcel 6 _ This 00 zoned lot is Joc:ated just west ofHwy 99E OIl the south side ofM!. Hood Ave.
and is dcvdoped from the frontIge to a point 300 feet oft"the frontage. 'The remAining four acres
have no viSloility, Jimited access and are too small for an auto dealership.
Parcel 7 _ This tract ofland is located at Interstate 5 in a CG zone off Stacy Allison Ave. 'The
Page 5 _ Applicant's Statement (Joseph R. Fox)
EXHIBIT "e"
Page 6 of 20
property is outside the city limits and is not available for development as an automobile dealership.
The property is being developed by Capital Development Corporation, land banked for future Capital
projects.
A thorough search of otbec CG and CR. zones was conducted. No other parcels met the size
and/or ac.ces1"bi1ity criteria nee : I .'1 to site a viable and long-term automobile dealership. Based on
this search and an examination of the Ibove seven parcels. it is apparent that a public need exists for
a CR zoned parcel, suitably located and large enough to site a new car dealership. The city is
experiencing a rapid growth in its commercial businesseS and will run out of usable conunercialland
before the year 2008 target date of tile comprehensive plan.
The application makes available to the city an additional 4.69 acres ofland to add to its CR-
zoned inventory. That a public need for additiooaI CR zoned land exists is evidenced by tile Ibove
discrls.,;on ofavailable lands. the city's own figure of147.6 acres ofundevelopcd commercial lands
to meet its needs for the next 13 }'e8IS and the dearth oflarge tracts of CR zoned land within the city.
This project and application is will meet the pubUc need for an increased inventory of
commercially zoned land. The city bas identified a need for conunercial activity in this area. The 1-5
interchange area is one of four areas identified in the 1988 Comprehensive Plan Amendment as
suitable for commercial activity. See Comprehensive Plan, pgs. 13-14. The city and community will
be benefitted from this project ~II= the dealership will employ approximately three dozen
employees. Additionally, it can be evidenced that the public is served by the number of patrons
seeking automobile service as well as purchases of new or used vehicles.
The public is also bea:...t:l1ed in that this project should rau1t in a much safee neighborhood
with reduced aime, traffic improvements and lighting for general safety. An occupied site with
improved lighting and site security should provide a safer environment than an unoccupied, poorly
lit, uncontrolled site.
FmaIly, DOt od.y does this bo..m- provide specific employment opportunity for local citizens,
but will also geoerate S\JbP1om;,,1 bl',;"""" for others throughout the Woodburn community. These
business opportunities take the Conn ofuxes to local government. license fees to state and city,
support of media through advertisiag, banks, insurance companies, after-market sales and gasoline
service statioos.
B. This T JIM Rest ~lIitS the Public Neecl
The proposed auto dea1cnbip uSes less land pee square foot ofbniltlil18 structure than most
other types ofbolrAesf~ allowed in a CR or ID zone. By the aature of its busi~ activity, an
automobile dealecsbip .m1i7H much ofits site for static car display surrounded by ~11y placed
landscaping and open space to allow for graphic identification of the bns'''''''''' activities.
The proposed auto dealership building covers approximitely 20,000 square feet ofland area,
Page 6 _ Applicant's Statement (Joseph R. Fox)
EXHIBIT "e"
Page 7 of 20
....iUch is small when compared to any other reasonable development allowed in a CR or ID zone. The
owners of the subject property previously explored the feasibility of placing a motel, office and fast
food restaUrant site plan on the property with a total building area of more than 29,000 square feet.
The subject property consists of approximately 222,700 square feet. The proposed car
dealership will use about 20,000 square feet of building space or about nine percent (9%) of the land
coverage compared to other deveIopinentS that wou1d require more building coverage, up to as much
as 93 percent of the total site.
Because the development of the subject property will be less intense than almost any other
allowable use in a CR or ID zone, the use of services required by the applicant's business - sewer,
water. electricity, garbage, police and fire - will be significantly less than virtually any other
development in a CR or ID zone. Furthennore, the city will be able to maximize its remaining
resources for seMcing other developments in the future without the expense of short-term capital
improvements.
The owner's preYious\y c:oosid'=fed two-building motel, office and fast food restaurant would
have generated 2,952 daily w:hicle trips. That IIU111bec is based on the 5th edition ofjrip Generation,
as calculated by Bruce F. Schafer &. Co. A similar traffic impact calculation was performed on the
subject property for its current proposed use - a retail automobile dealership - and is included with
this application as ExIn"bit "H".
siting a motel, office and restaurant complex on the subject property was projected to have
no adverse or negative i"lp'lct on the traffic pattern, flow or tranSportation system of the city.
Oearly, a proposed use that will generate less than one-thirdof that traffic will have even less of an
impact on the city's tranSpOrtation system.
According to Bruce F. Scbafec, the proposed land use action will generate 901 vehicle trips
per day. Of that JWIIIber, the peak Lm. and p.m. hourly vehicle trips will be only 37 and 49,
respectively. The &l~ deaIersbip win genente less than one-third (31%) of the traffic that the
previously approved motel, office and restaurIlI1 complex would have generated.
In a ~ uearby land use action, the city voted to approve the annexation into the city
and rezone of the "DavidsoIl Farms" property. As part of that application, a significant amount of
tranSpOrtation information was submitted to the city tor review. Among that information was a
tranSpOrtation study performed by Kittelsnn It. Associ~~. That study indicated that the peak
afternoon1eveoiDg hour traffic vo1ume at the west 1-5IHwy. 214 interchange was 1495 vehicles trips
in the peak hour. The traffic impact infurma,tioIl submitted with this application shows that applicant's
automobile dea1ership will add. mere 3% traffic inaease to that number.
The west I-S/Hwy. 214 int=tbange was determined to be a Level of Service (LOS) D by the
Kittelson report. LOS A is the best c:ategol}' and LOS F the worst. An increase of traffic at this
intersection by 3% will not affect the level of service nting or increase the traffic congestion at the
Page 7 _ Applicant's StatemenJ (Joseph R Fox)
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EXHIBIT ne"
Page B of 20
1-5fHwy. 214 interchange. Furthennore, ODOT is planning significant improvements to the
interchange which will increase its level of seMce to C, as noted in the Kittelson report.
The other nearby intersection _ Hwy 219 and Woodland Ave. - currently functions at a LOS
A -c. That level will be unaffected by the amount of traffic projected to occur as a result of the
proposed cae dealership.
The DepaI1IReOt of Transportation bas already evaluated the traffic impact of the automobile
dea1enhip on Highway 219 and Interstate-5 and detennined the impact to be neg1igible. ODOT has
issued access permit No. 03A35287 for the subject.property. The pennit authorizes applicant to
install a left turn lane, oub and sidewalk to facilitate the inovement of eastbound traffic on Highway
219. A copy of the permit is attaehed as Exlullit "Ko.
The traffic impact report projection prepared by Bruce Schafer &. Associates indicates that
the auto dealership will genecate a low DUIlIber of total trip eods per day and a low number of trips
during the morning and afternoon/evening peak hours, as compared to other land uses allowed for
the site. Furthermore, the primary business aCtivities for an auto dealership occur during the heart
of the day, without peaks, avoiding the morning and afternoon conunute periods.
Because the roadway-system is impa~ at the highest levels during the morning and
afternoon peak hours, development of a land use with a lower total number of peak hour trip
generations will have the least effect on the roadway system and the surrounding neighborhood.
The decreased traffic flow will require less traffic management by the city resulting in less
traffic incident response. Flow.and volume generated by the proposed use is substantiR1tylessthan
any other use that is permitted in an ID zone.
This application also best ants the public need in that the entire parcel will be held under one
single owner, and more importantly, one single business. Alternate uses in an ID zone would -
promote mWtiple tM'.;.- ventures, partitioning of the subject property, varying business hours and
patronage and difk;.ClIt owners. The app1icaDt seeks a thriving business with resident customerS from
the Woodburn area, unlike other ID uses, such as gas stations, where many of the customers are
transient and do DOt Ime a YCSted interest in maintaining public safety, cleanliness or have ties to the
community.
6. AD Site l'IaD Requirements are Satisf"aed by this Applicatiou
The proposed site plan for the facility is aftRchM hereto as Exhibit "G". This site plan
complies inall.~ with the provisions of tile WoodbumZone OrdinanCe (WW). The building
being proposed is a standard conunercia1 building. 11 is regularly shaped and is approxi"'''~Y 20,000
square feet in size.
The approval criteria for a Site Plan are found in WW section 11.070, and are addressed as
Page 8 _ Applicant's Statement (Joseph R. Fox)
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EXHIBIT Ren
Page 9 of 20
follows:
A. Structure Pla<,.ement
As identified on the a.ttaehed site plan, the building will be situated on the central portion of
the property. This location satisfies all of the setback requirements. and places the facility as far to
the south as the triangular shaped property will allow.
B. Landscapini
Criteria 11.070 (b) and (c) both deal with landscaping, and are combined for this discussion.
The Site Plan identifies a wide 1and5C"p" strip consisting of a mixture of trees. shrubs and lawn to be
planted along Hwy 219; a grass strip and trees pianted along the property line abutting the 1-5 on-
ramp, the southern tip of the property and along the easterly propertY line. The proposed site plan
shows the total landscape area compromising 33,389 square feet, or 15% of the property. All
planting beds and lawn areas will be maintained with a fully automatic sprinkler system.
Qva'aIl, the landscape plan will minimize any minor impacts that this facility may have on the
surrounding area. More importantly, this landscape plan is intended to maximize the aesthetic value
of the subject property and will significantly add to the present aesth~c condition of the southeast
quadrant of the 1-51Hwy 214 interehange.
C4 AcrM:.S
There is one access driveway proposed to servcthe fiIcility. Itis offHighway219'-directly. '.
across from Arney Road. This access point provides for adequate sight distance and separation
between other driveways and intersections. and bas already been approved by the State of Oregon
Department of Transportation. A copy of this acceSS permit can be seen in Exluoit "K" attaehed -.
hereto.
D. Drainage
The propertY will be have a slight amount of fill in the northeast corner to facilitate drainage
from the site. The exi$fit1g storm drains. along with the additional catch basins will be sufficient to
handle all drainage oeeds fix the ~ deYdopmeDt. This design ensures that ll'inimal i"lptct on
the city's storm drain facilities will occur.
E. FnerllV ('.nn~On:
This DciIity bas been designed to take advantage of energy conservation in its siting on the
property. and in the overall slI\ICtUI'IIIbUding features of the fiIcility. The site design also takes into
consideration bicycle and pedestrian traffic with a sidewalk ",oposed OIl the north side of the property
along Highway 219.
Page 9 _ Applicant's Statement (Joseph R. Fox)
~~...M' .,"_.. 'f''''
EXHIBIT nC"
Page 10 of 20
F. CompliRnce With Code
As discussed throughout this Applicant's Statement, this proposal meets, and in most cases
exceeds the mandates of the site plan review standards in the WZO.
G. Exterior ChRl'llcteristics
The location, design and color and materials of the exterior of the facility are set forth on the
site plan at Ex!u"bit "G". All signs will be compatible with and appropriate to the character of the
immediate neighborhood.
H. Additional Criteria
Additional approval criteria for a Site Plan are found in WW Section 10.050(X), offstreet
parking requirements, and Section 10.060(b), off street loading requirements and are addressed as
follows:
Ollslreet p.r1cini _ Section 10.050(x) requires the applicant to provide one space per 500
square feet of gross floor lie&, plus one space per every two employees for the facility. Based on the
size of the taci\ity (21,000 square feet) and the proposed number of employees (34) the applicant
must provide at leaSt 59 spaces. . .
The site plan calls for approximatcly 276 paddng spaces total. of which 60 spaces are to be
provided for customer and employee paricing along on the subject property. These parking spaces
will be mote than adequate to bandIe theanticipatM paddng needs for.the &cility.. .
Off<m'eet l.oadini _ Section 10.060(b) requires the applicant to provide two loading spaces
12' wide by 30' long. or 720 square feet, for the facility. ~ shown on the site plan the loading area
is located in front of the service bays. The plan calls for two areas approxiJl1.tely 16' wide by 50' --
long. or 1,600 square feet total, which is more than adequate to meet the necesspry loading space
requirements for the facility. .
7. Lot line Adjustment Can Be Administratively Approved
Section 9 of the WoocIbum Subdivision Ordi""nt"..e sets forth the procedure for effecting
property line adjustments within the City. 8ec"""" the procedure cu1m;".V" in a decision by the
pl",,"ing director, it is an lI~m;nictrative decision for which the applic:ant seeks approval.
Section 9 reads as foUows:
A. Plans for propertY line adjustments sbaIl include the foDowing infonnation:
1. Vicinity Map.
2. Legal description of the property.
Page J 0 _ Applicant'S Statement (Joseph R. Fox)
",." .L <<<. ......
.
EXHIBIT "en
Page 11 of 20
3. Map indicating clearly the proposed property line adjustment.
4. Diagram of all public and private utilities.
5. Any other information so required by the planning staff.
B. Adjusted property lines shall be swveyed and monumented when both parcels affected
are not greater than 10 acres.
C. 1. The Planning Director shall have the authority to approve, deny or approve
with conditions plans for property line adjustments.
As part of this application packet, the applicant has submitted the required vicinity map (the
EJduoit "A" plot plan), legal description of the two properties affected (Exlnoit HC"). a map indicating
the proposed property line adjustment (Exhibit "f') and the location of the public and private utilities
(Exhibit "G"). The properties involved in the lot line adjustment include the 90 acre Davidson Farms,
Inc., property, the 4.69 acre subject property and the 20-foot strip ofland included as part of the
subject property. Because both are not greater than 10 acres, it is not necessary to set monuments
for the lot line adjustment.
On. August 31, 1992, Davidson Farms, Inc., conveyed by quitclaim deed to the applicant, the
east 20 feet of tax lot 100 on assesc:nt's map S2W-11. At that time, applicant owned the triangularly
shaped lot known as tax lot 1100 on assessor's map 52W-112C. The 20-foot strip ofland is
designated as tax lot 105 on assessor'S map S2W-11. Tax lot 1100 is the subject of the
comprehenSive plan change and zone change application; tax lot 105 is not.
The applicant seeks approval from the city, acknowledging that the 4.69-acre tract of land is
now 5.11 acres in size and that its western boundary is now the western border of the 20-foot strip
of land he acquired from Davidson Farms, Inc. Approval of the lot line adjustmP.llt will effectively
eliminate tax lot 105 and allow it to be swallowed up by tax lot 1100, to form one, 5.11 acre parcel
of land under one ownership.
8. Conclusion
This application meets each and every one of the criteria for a zone code, to change the 4.69-
acre subject property from Interchange District to Commercial Retail, approval of the site plan and
approval of the lot line adjustment.
The city is running short of commercially zoned land and will not have enough to meet its
projected needs for the year 2008. The subject property is lying vacant because development of
freeway related businesses bas occurred on the east side ofI-S, effectively cuttitlg the property out
of the highway related growth and indu9;ry. This application will add five acres of badly needed CR-
zoned land to the city's inventory, mille at the same time developing a large tract of land which has
previously been undevlopable.
Other ID zoned land lies vacant with little or no development interest. The ID zone is simply
not developing the way the city originally envisioned it would. A change in the zone for the subject
Page II _ Applicant's Statement (Joseph R Fox)
,--,-- -.-. ., ---- .,.--..... . -~..-, -- ._"~--"
EXHIBIT DC"
Page 12 of 20
property and approval of the site plan and lot line adjustment will allow the property to become
developed and possibly spark devdopment in the other ID zoned properties.
Respectfully Submitted,
Wallace W. Lien
Attorney for Applicant
Page J 2 _ Applicant's Statement (Joseph R. Fox)
-~----~-----.~ -T'~--~.."-"-- -- --'
EXHIBIT .C.
Page 13 of 20
CITY OF WOODBURN
270 Montgomery Street . Woodbum. Oregon 97071 . (503) 982-5222
TDD (503) 982.7433 . FAX (503) 982-5244
STAFF REPORT
Zone Change 95-07
Site Plan Review 95-14
Lot Line Adjustment 95-12
APPLICANT:
Wallace Lien, P.C. for
Joseph R. Fox
PO Box 5668
Salem, OR 97304-0668
II NATURE OF THE APPLICATION:
The applicant is requesting a zone change of 10 Interchange District to CR
Commercial Retail, Site Plan Review approval of an approximate 22,160 sq. ft.
automobile dealership and lot line adjustment.
III RELEVANT FACTS:
The property is located on the west side of Interstate 5 where it intersects with the
south side of Highway 219. The subject property can be specifically identified on
Marion County Assessors map T5S, R2W, Section 12C, Tax Lot #1100 & T5S,
R2W, Section 11 Tax Lot #105. The lot line adjustment involves the above tax lots
plus Tax Lot 100 T5S, R2W, Section 12C.
The proposed application consists of two parcelS of property. The 4.69 acre site is
currently zoned ID Interchange District. The Comprehensive Plan Map currently
designates the property as commercial. The ID zone is just one of several
commercial zones that falls under the commercial plan designation. The 20 foot strip
of land that runs parallel to the subject property is owned by the applicant and is
zoned IL Light Industrial. The total size of the property will be approximately 5.12
acres after the lot line adjustment and will include both the commercial and industrial
designation. The zone change request is for the 4.69 AC only. The 20 foot wide
strip that is under a separate tax lot number will remain IL Light Industrial. The
Comprehensive Plan Map of 1976 designates the concerned property as
Commercial. Similarly, the zone map of 1976 designated the same property as ID
Interchange District. In 1980 and 1985 however, the City's Comprehensive Plan
Page 1 - SPR95-23
- ,--.-". ..--",-_..,.-~-
EXHIBIT .e.
Page 14 of 20
Map, when color printed, identified the subject property as industrial. The
mislabeling of the this parcel went unnoticed until the Comprehensive Plan Map was
reprinted in 1995. The zoning map has always maintained the designation of this
property as 10 Interchange District from the 1976 until today. There is no record
of the Woodburn Comprehensive Plan being amended to reflect an industrial rather
than a commercial designation.
IV RELEVANT APPROVAL CRITERIA:
A. Woodburn Comprehensive Plan
Commercial Land Development Policies
Transportation Policies
B. Woodburn Zoning Ordinance
Chapter 5 Permits and Enforcement
Chapter 6 Planning Commission
Chapter 7 Public Hearings
Chapter 10 Off Street Parking, Loading & Driveways Private Street Standards
Chapter 11 Site Plan Review
Chapter 15 Zone Change
Chapter 29 Commercial Retail
Chapter 32 ID Interchange District
C. Woodburn Subdivision Ordinance
D. Landscaping Policies
E. Sign Ordinance
A. Woodburn Comprehensive Plan
Staff: Commercial land development policies have been addressed by the applicant
in showing there is a public need for the zone change. Policy B-1 states:
The City should at all times have sufficient land to accommodate the retail needs of
the City and the surrounding market area. The City presently has four major
commercial areas: 99E, 1-5 Interchange, the downtown area and the 214/211199E
four corners intersection area. No new areas should be established. Staff concurs
that this site is located in one of the four identified commercial areas. The subject
of the applicant's request is to add approximately 4.69 acres to the commercial
retail inventory while decreasing the interchange district land by the same amount.
Based on the 1995 inventory, approximately 180 acres of land in planned for
commercial use. One hundred forty seven (147) inside the city limits and 33 acres
outside the city limits. Since the applicant last looked at developing this property
as a motel, office and fast food restaurant, times and conditions have changed
significantly. The applicant has obtained a access permit from the Oregon
Department of Transportation that allows access on to Highway 219. The issuance
of an access permit is not indicative of ODOT evaluation of Traffic impact. ODOT
Page 2 - SPR95-23
.."
EXHIBIT "D" - Page 4 of 15
o. On-site storm drainage shall discharge through a pollution control manhole.
6. No natural drainage shall be blocked or impounded by this development.
C. WATER
1 . The water main serving this development shall be a city maintained facility, the
main shall be looped from Oregon State Highway 219 to the existing main south
of this development. A 16-foot wide utility easement shall be provided.
The above does not include a building fire sprinkler system if installed.
2. Water meter to be located within the publiC right-of-way or utility easement.
3. Fire hydrant locations and fire protection requirement shall be as per the
Woodburn Fire District's condition of approval.
4. Backflow devices may be required depending on water usage - see Wastewater
Department comments.
D. SANITARY SEWER
1 . Sanitary service can be provided from the existing sanitary main south of this
development. Service shall be private at applicant's expense. Private easement
is also required from adjacent parcel.
2. This parcel is subject to conditional grant reimbursement for sanitary sewer
improvements.
3. See Wastewater Department comments for additional conditions.
Hillyer- Site Plan Review - Page 2
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EXHIBIT nDn
pa.ge 5 of 15
~
~
Memo To: Teresa Engeldinger, Planner
City of Woodburn
From: Bob Benck, Fire Marshal
Woodburn Fire District
Facility Narne: Hillyer's Ford
Occupancy Class: B2- H4 or 81
Build. perrnit No.
Date: Dec. 18, 1995
SITE PLAN REVIEW COMMENTS
WOODBURN FIRE DISTRICT
A. ACCESS:
1. Exterior of Facility: To within 150 feet of all portions of the
exterior of the structure.
2. To Interior of Facility: (Man doors and other access points into
the buildings)
B. BUILDING EXIT SYSTEM: (Distances and number of exits, Not required
for Site Plan review)
C. FIRE FLOW / WATER SUPPLY: 3000 gpm based on Type IIN
construction. ( If structures are sprinkled then fire flow will be 1 500
gpm.)
D. HYDRANTS: 3 hydrants located at a maxirnum average separation of
400 feet. ( If building is sprinkled then a maximum of 2 hydrants will be
required.)
E. SPRINKLERS / FDC : Type of system proposed, flow requirements.
FDC to be located off of the building within 25 feet of a hydrant at a
location acceptable to the Fire District. ( If repair facility is to have any
1776 Newberg Highway
Woodburn, Oregon 9'1071
attachment B
EXHIBIT nDn
Page 6 of 15
WuJbum
~
Continued:
open flame devices such as welding or cutting torches then the building
must be sprinkled.)
F. ALARM SYSTEM : As required by UFC, (Information not required at
time of site plan review.)
G. PREMISE IDENTIFICATION : Building identification system and
visible markings for use by responding emergency vehicles.
H.OCCUPANCY/ SPECIAL OCCUPANCY REQUIREMENTS: Quantity of
flammable and combustibles to be stored on site. List any other hazardous
materials which may be stored on site.
I. BUILDING SIZE & LIMIT A TlONS/ TYPE OF CONSTRUCTION:
Service and parts building is oversized and will need yards and or
sprinkler system.
J. FIRE & LIFE SAFETY REVIEW REQ.:
Will be conducted by Marion County Building Departrnent
Fire District will want one set of plans for review.
K. SPECIAL COMMENTS:
COMPLIANCE WITH THESE REQUIREMENTS I2QfS..1iQI 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 HIghway
Woodburn. Oregon 97071
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EXHIBIT "D"
Page 7 of 15
SUBDIVISIONI SITE PLAN REVIEW -- PRE-APPLlCA TIONI NOTES
----------------------------
REQUEST DATE: December 4,1995
DEPARTMENT: Building
CONTACT PERSON: Teresa Engeldinger, Planning Dept, 982-5246
APPLICANT: Joseph R. Fox through his attorneys Wallace W. Lien, P.C.
TYPE OF PROJECT: Site Plan Review of a 21,000 sq. ft. auto dealership Hillyers Ford
Zone Change from ID (Interchange District) to CR (Commercial Retail) I Lot Line Adjustment
PROJECT LOCATION: Southwest corner of Hwy 219 - 1-5 Interchange - West Woodburn
T5S, R2W, 12C TL 1100 4.69AC I T5S, R2W, 11 TL 105 .42AC
CONFERENCE PLACE: Conference Room / Woodburn City Hall
DATE: December 18, 1995
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
DEli, {EZnJi1 7ti
DEPARTMENT COMMENTS
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EXHIBIT "DR
Page 8 of 15
SUBDIVISIONI SITE PLAN REVIEW -- PRE-APPUCATIONI NOTES
----------------------------
REQUEST DATE: December 4,1995
DEPARTMENT: Wastewater
CONTACT rERSON: Teresa Engeldlnger, Planning Dept, 982-5246
APPLICANT: Joseph R. Fox through his attorneys Wallace W. lien. P.C,
TYPE OF PROJECT: Site Plan Review of a 21,000 SQ. n. aulO dealership Hillyers Ford
Zone Change from 10 (Interchange Oislricl\ to CR (Commercial Retail) I Lot Line Adjustment
PROJECT lOCATION: Southwest corner of IIwy 219 . 1-5 Interchangc West Woodburn
T5S, R2W, 12C TL1100 4.09AC I TSS, n2W, 11 TL,10S .42AC
CONFCRCNCE PLACE: Conference Room I Woodburn'City Hall
DATE: December 18, 1995
TIME: 1:30 P.M.
GENERAL INFORMATION TO APPLICANT
I hove rClld the information sheet providod me and understand that which is portiNlnt to my Site
Plan Review/Pre-Application request. AU m~l!lrilll!( IIrll to be collated and folded.
Signature . 'Owno'f Agont
DEPARTMENT COMMENTS
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EXHIBIT RDn
Page 9 of 15
SUBDIVISIONI SITE PLAN REVIEW -- PRE-APPLlCA TIONI NOTES
----------------------------
REQUEST DATE: December 4,1995
DEPARTMENT: Police
REC' 0
DEe 0 4 1995
CONTACT PERSON: Teresa Engeldinger, Planning Dept, 982-5246
APPLICANT: Joseph R. Fox through his attorneys Wallace W. Lien, P.C.
"wv...-...""';'
pOLICE OEPl
TYPE OF PROJECT: Site Plan Review of a 21,000 sq. ft. auto dealership Hillyers Ford
Zone Change from 10 (Interchange District) to CR (Commercial Retail) I Lot Line Adjustment
PROJECT LOCATION: Southwest corner of Hwy 219 - 1-5 Interchange - West Woodburn
T5S, R2W, 12C TL1100 4.69AC I T5S, R2W, 11 TL 105 .42AC
CONFERENCE PLACE: Conference Room I Woodburn City Hall
DATE: December 18, 1995
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 Review/Pre-Application request. All materials are to be collated and folded.
Signature - Owner/ Agent
DEPARTMENT COMMENTS
,',,} Gvr~'I,<r-t w/ct.l.n..~..j 7),f!,,- (:(,,~
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EXHIBIT -Dn
Page 10 of 15
SZTB PLAN RBVZBW 95-23
ZONB CHANGE 95-07
LOT LZNB ADJUSTMENT 95-12
WALLEY LZDI FOR JACK FOX
HZLLYBR'S FORD
PLANNXNG DEPARTMENT PRE-APPLXCATXON COMMENTS
12/18/95
Applicable approval criteria:
1. Woodburn Comprehensive Plan
Commercial Land Use policies
Administration and Enforcement Policies
Public Services Goals and policies
Transportation Goals and policies
2. Subdivision ordinance
3 . Woodburn zoning Ordinance
Chapter 5 Permits and Enforcement
Chapter 6 Planning commission
Chapter 7 Public Hearings
Chapter 8 General Standards
Chapter 10 Off Street Parking, Loading & Driveways
Private street standards
Chapter 11 Site Plan Review
Chapter 15 Zone Change
Chapter 29 commercial Retail
Chapter 32 Interchange District
Landscaping Standards
Sign Ordinance
This information must be submitted to the Planning Department no
later than 4:30 PM January 2, 1996. Please note that a complete
application must be submitted, reviewed and accepted by the
Planning Department at least 21 days prior to the scheduled
planning commission hearing on January 25, 1996.
The application meets the Commercial Land Development Policies.
See specifically pg 71 of Comp Plan.
A certified list prepared by a title company of property owners
within 250 feet of the site. These need to be on pre-pasted mailing
labels.
Appropriate application fees.
Appropriate signatures.
attachment F
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EXHIBIT "D"
paqe 11 of 15
provide information per Chapter 10 parking standards.
Review of the application is subject to section 11.070 (a) through
(h) of the Woodburn zoning Ordinance. The applicant must submit 11
copies of a narrative addressing all of this approval criteria.
Provide a site plan per section 11.020 site Plan composition that
shows circulation, access, parking/loading location and total
number of parking spaces, total square footage of the proposed
building, and the location of the existing landscaped areas with
dimensions of those areas.
Specifically address the following:
location of entrances and exits and direction of traffic flow into
and out of parking areas
areas of turning and maneuvering of vehicles
type, color and texture of exterior surfaces
sign plan
existing easements, who are they to?, do they include the proposed
uses?
Provide information per VII of landscape policies and standards
1,2,3,4,5. Total area (sq ft) of the proposed landscaping needs to
be broken into three major components:
Total square footage of site
street frontage
Parking lot
buffer strip
Indicate total square footage of impervious surface.
Show compliance with Chapter 29
height
rear and side yard setback
front yard setback
After preliminary approval by Planning commission, the developer
shall submit engineering plans to Public Works Department (see part
two pg. 9 Standards Document for Plan Review).
After Engineering approval, building permits may be issued.
Please call if you have any questions.
Community Development Department 982-5246
+....-+-_..~_._-"r"--~.+..-...,~~ "~-_..,,-,..._,._-, ,.._-,,,
EXHIBIT "D"
Page 12 of 15
SUBDIVISION! SITE PLAN REVIEW -- PRE-APPLICATION! NOTES
---------------------------....
REQUEST DATE: December 4, 1995
DEPARTMENT: ODOT
CONTACT PERSON: Teresa Engeldinger, Planning Dept, 982-5246
APPLICANT: Joseph R. Fox through his attorneys Wallace W. Lien, P.C.
TYPE OF PROJECT: Site Plan Review of a 21,000 sq. ft. auto dealership Hillyers Ford
Zone Change from ID (Interchange District) to CR (Commercial Retail) I lot Line Adjustment
PROJECT LOCATION: Southwest corner of Hwy 219 -1-5 Interchange - West Woodburn
T5S, R2W, 12C TL1100 4.69AC I T5S, R2W, 11 TL 105 .42AC
CONFERENCE PLACE: Conference Room I Woodburn City Hall
DATE: December 18, 1995
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 Review/Pre-Application request. All materials are to be collated and folded.
Signature - Ownerl Agent
DEPARTMENT COMMENTS
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DIVISIOH OF STATE lANDS~. PROGRAM
775 Summer Street HE. Sale.. Oregon. 97310
503/378-3805
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2. P.PPLICMT: W!LLACE W.
name
P.O. 30X 5~68
street
SALEM. OR =7304-0668
city state
(503 585-0'05
phone
LIEN.P.C.
EXHIBIT -Dn
Page 13 of 15
LLA 95-12
Local Case Flle.Ii<>.: SPR 95-23, ik 95':'07
DSL FIle No.: W r<;~O l../</V
LANOOHNER: JOSEPH R FOX
name
530 CENTER ST. NE EQIIITABI E CENTFR suite
street 316
(!: II JJrt]:' ~r.s
1. County: MARION
CI ty: wonn=IIRN
zip
SAI FM, OR
city
('iO~) N A
phone
9n01
\Xt-
zip
'::\!-Cl:J.1 (1100)
s ta te
3.
LOCATION: 11
.. 5 S R /'. S 1?r: 1/4 Tax
N~I qua: map nme ST PAIII ORFGON
A:tache:: ~ NWI map ~ Parcel map
105
Lot(s) 1100
(attach copy with site indicated)
~ Site plan Other
4. SITE INFORMATION:
NHI Wet:and Classification Code(s)
Soil Series Nave (optional)
Adjacent Waterway (If any)
Current Land Use VAI"ANT
PFM1V
In Floodplain? Y ___ N ___
Zoning INTERCHANGE DIST. (ID)
5. PROPOSED ACTMTY:
..L- site plan approval _ subdivision
____ grading permit _ planned unIt development
____ conditional use permit _ public works /s....elf.)
____ building ~erm1t .lL.- other LOT LINE An.mSTMF.N'1'
.A- Zone Change to: COMMERCIAL RETAIL (CR)
Project Descrijltlon: lIPPT.Tl"l>.TTOlll l"OR '7.nlll'" l"RnT~"'. "'TIT "IllN FE"IIi:W OF 1>.
21,000 sa.ft.. AUTO DEALERSHIP AND T.(IT T.TNF. lIn.Tml'l'MmilT
Completed by/Contact: TERESA ENGELDINGER
Address 270 MCNTGOMERY ST. WOODBURN. OR 97071
Date 12 - 5 - q'i
Phone ('i011 qR?-'i?46
(Thl~ =ODlf 1$ :0 IMI conpleted only by planning depart:lMnt #taff for ..pped ..,.tland.s)
e".....s/k ~
DSL RESPONSE
(] A removal-fill permit Is required from the DivisIon of State Lands.
(] A removal-fill permit will be required when the development project proceeds.
(] A remova l-fi 11 permit may be requi red.
[] Information neEded includes:
[] A wetlanc determination/delineation report.
(]
(] State permit (] was issued (] has been applied
~ Nc remov~)-fil) p rmit is required for the described project'
pSt...- Sf~ff eva ~ . :.s:;
(] A permit may bE requi red by the Corps of Engi neers (3 -6995)
Commen':s: ,y.;.e /r!--b~Me I.A't--'"
Response com~leted oy: ~~ ~
* I f t~e pro,.ect .i, chan~ f e emova 1
state remova'-fill Jermit will be required.
Date /;)-/ /9.kf~
from the wetlands area, a
attachment H
-. .'- ""~-" ~.. '-"'''''--,r-.''~' -~-_.~ ~,-~,_.~..~--~,. ..~'.',,"..,. ._~,.
EXHIBIT "Do
Page 14 of 15
UregC .-
~_...~~.
DIVISION OF
STATE LANDS
January 22, 1991
STATE LAND BOARD
BARBARA ROBERTS
Governor
PHIL KElSUNG
~tary of State
ANTHONY MEEKER
State Treasurer
Mr. :oseph R. Fox
Investors Brokerage, Inc.
The Equitable Center, Suite 316
530 Center Street NE
Sale~, OR 97301
Re: Property in Woodburn, Oregon
Dear ~r. Fox:
I ha,e visited the site referenced in your December 18,
1990, letter and reviewed soils and wetland inventory
mapping. The site has been in production of wheat and
the soils do not show any indication of hydric
characteristics. There is no permit required from the
Division of State Lands required for development of the
subject property.
Please contact me if you have any further questions.
Since:ely,
(..
.A f- ~~
Kenneth F. Bierly
Wetlands Program Manager
KFB/ba
ken:5~5
cc: Jim Goudzwaard, Corps of Engineers
~
~
775 Summer Street NE
Salem, OR 97310
(503) 378-3805
FAX (503) 378-4844
",~-
EXHIBIT "Dn
Page 15 of 15
po..,. lllllc,
W~CI
...".
. .-'--'--------'--1
EXHIBIT .C'
paqe 15 of 20
will still have to be involved and may in fact have mitigation requirements. Even with
1/3 less traffic impact, the impact of the potential traffic, especially given the
location of access is a potential concern. City staff is not aware of any significant
improvements to the interchange that will increase its level of service to C.
B. Woodburn Zoning Ordinance
The following sections of the zoning ordinance were found to be relevant to the
approval of this application.
Chapter 10 Off Street Parking, Loading & Driveway Standards
Section 10.050 Off-Street Automobile Parking Requirements
Off-street automobile parking shall be provided as required by Section 10.070
and approved by the Planning Director, in the amounts not less than those
listed below: (X) Retail store handling exclusively bulky merchandise such as
automobiles: (1) one space per 500 square feet of gross floor area, plus one
space per every two employees.
Staff: The total size of structures is approximately 22,160 sq. ft. This
requires 44 parking spaces. The number of employees is anticipated to be 34
to 36. this requires 18 parking spaces. This would require 62 parking spaces.
Sixty-three (63) including ADA parking, are being proposed for customer and
employees.
Section 10.060 Off-Street Loading Requirements.
Staff: A minimum of two loading spaces are required for this development.
The applicant has provided evidence that this approval criteria has been met.
Section 10.070 Parking and Loading Area Development Requirements
Staff: This section applies to driveway and parking standards, the site plan
shows substantial evidence that these standards can be met.
Section 10.080 Driveway Standards
Staff: One access is proposed to Highway 219. Driveway access is subject
to Oregon Department of Transportation approval. An access permit has
been issued by ODOT with added conditions from the City of Woodburn that
the driveway approach conform to current city commercial driveway
standards.
Page 3 - SPR95-23
EXHIBIT "e"
Page 16 of 20
Chapter 11 Site Plan Review
Section 11.030 Approval of Site Plan Required
(a) No building permit for construction of structures governed by this
chapter shall be issued until the Site Plan for that structure has
received approval under the provisions of this Chapter.
(b) Any conditions attached to the approval of the Site Plan shall be
conditions on the issuance of the building permit. A violation of the
conditions shall be considered a violation of this Ordinance.
Section 11 .070 Criteria for Evaluating a Site Plan
Staff: The applicant has addressed this site plan review criteria adequately,
see attached project narrative from applicant.
(a) The placement of structures on the property shall minimize adverse
impact on adjacent uses.
Staff: The proposed building is in conformance with current standards
for setbacks.
(b) Landscaping shall be used to minimize impact on adjacent uses.
Staff: Fifteen (15) percent of the site is required to be landscaped.
Ten (10) percent of the interior parking lot is required to be
landscaped. The applicant has provided substantial evidence that
these requirements can be met.
(c) Landscaping shall be located as to maximize its aesthetic value.
Staff: The applicant has submitted a preliminary landscape plan. A
final landscaped plan shall be submitted as a condition of approval that
indicates specific species of plants.
(d) Access to the public streets shall minimize the impact of traffic
patterns. Wherever possible, direct driveway access shall not be
allowed to arterial streets. Wherever possible, access shall be shared
with adjacent uses of similar nature.
Staff: Access to the State Highway is controlled by ODOT.
Comments regarding access are attached to this staff report. Access
will be on Highway 219 until such time as alternative access can be
gained to the extension of Woodland Ave to the west.
Page 4 - SPR95-23
EXHIBIT "e"
Page 17 of 20
(e) The design of the drainage facilities shall minimize the impact on
the City's or other public agencies drainage facilities.
Staff: The applicant has stated that the existing storm drains, along
with additional catch basins will be sufficient to handle all drainage for
the development. Public works has submitted the following comments
regarding this approval criteria. Storm sewer shall discharge directly
into drainage way along the east property line. Approval and permit
will be required from ODOT to utilize this drainage system. Detention
will be required. In addition, the City of Woodburn's proposed
watershed management study identifies an additional two-acre feet of
flood storage volume be provided on this parcel adjacent to east
Senecal Creek drainageway. This area shall be provided contiguous
with the drainage way, above the normal water surface level and
below the elevation of 174.00 feet. The drainageway/floodway shall
not be filled or culverted. On-site storm drainage shall discharge
through a pollution control manhole, and no natural drainage shall be
blocked or impounded by this development.
(f) The design encourages energy conservation, both in its siting on
the lot and its accommodation of pedestrian and bicycle traffic.
Staff: The proposed building is proposed to comply with Oregon
Energy Code requirements. No bicycle facilities are being proposed.
Sidewalk improvements are a requirement along Hwy 219.
(g) The proposed site development, including the architecture,
landscaping and graphiC design, is in conformity with the site
development requirements of this Ordinance and with the standards
of this and other ordinances insofar as the location and appearance of
the proposed development are involved.
Staff: This staff report and the applicant's narrative has discussed the
approval criteria as it relates to site plan review. The applicant's
proposal has substantially complied with the current ordinances and
standards as discussed in this staff report. Those items that have not
been complied with can be so as a condition of approval.
(h) The location, design, color and materials of the exterior of all
structures and signs are compatible with the proposed development
and appropriate to the character of the immediate neighborhood.
Staff: Elevations have been included with the site plan. The architect
has also described the exterior finishes.
Page 5 - SPR95-23
_...__."._--'",._._..-,..,.._----"_.,,~._-->
EXHIBIT "en
Pa!l'e 18 of 20
Section 11 .085 Time limitation
At the time of final approval the applicant has six months to initiate
construction. If construction has 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.
Chapter 15 Zone Change Procedures
1. Show there is a need for the use proposed.
Staff: The subject property is located within 4 identified major commercial
areas. The applicant is requesting to change this property from one
commercial zone, Interchange District, to Commercial Retail and add
approximately 4.69 acres to the CR zone. This request does not add any
additional commercial property to the Comprehensive Plan. In order to prove
there is a need for CR property, the applicant has identified the needs for this
specific business (auto dealership with at least 5 acres) and provided an
analysis of 7 parcels. All seven were seen as not conducive to a auto
dealership.
2. Show that the particular piece of property in question will best meet that
need.
Staff: The applicant has provided evidence as to why the particular site is
suitable. In addition, the applicant has also sited lower traffic volumes of the
proposed use compared to what could be built on site, that it uses less land
per square foot of building structures than other types of businesses allowed
in the CR and 10 zone and that the entire parcel will be held under one
ownership.
Chapter 29 Commercial Retail District
Section 29.030. Optional Business
(b) (2) Automobiles and small trucks, new and used
Staff: The proposed use would be allowed under this section. The site plan
shows conformance to the setbacks and other standards for this zoning.
Chapter 32 Interchange District
The purpose and intent of the Interchange District is to provide for the
locations of needed highway service commercial facilities.
Staff: The applicant's request will decrease the amount of ID zoned land by
approximately 4.69 acres leaving approximately 29.03 acres left for highway
service commercial facilities on the west side of Interstate 5. Of that number
11.65 acres is developed and 17.38 acres is vacant.
Page 6 - SPR95-23
,.-... .-..-.-.-. ...-..----r------...----.-.. ----"-..
EXHIBIT nen
Page 19 of 20
C. Woodburn Subdivision Standards Chapter III Section 9
A. Plans for property line adjustment shall include the following information:
1 . Vicinity Map
2. Legal Description of the property
3. Map indicating clearly the proposed property line adjustment
4. Diagram of all public and private utilities
5. Any other information so required by the planning staff
Staff: The applicant has submitted sufficient information as required per
section 9. No application for a lot line adjustment has been requested for this
property prior to this application.
D. Landscaping Standards
Staff: The applicant has submitted a preliminary landscape plan. It appears
that the proposed landscaping does meet standards. The applicant shall be
required to resubmit a final landscaping plan to the planning department.
E. Sign Ordinance Standards
Staff: No specific sign plan has been submitted with this application. This can
be processed administratively. Any proposed sign will be subject to review
and will require a permit issued by the Building Official.
V COMMENTS FROM OTHER DEPARTMENTS:
Public Works: See attachment A
Fire Department: See attachment B
Building: See attachment C
Wastewater: See attachment D
Police: See attachment E
Planning: See attachment F
ODOT: See attachment G
Division Of State Lands See attachment H
Page 7 - SPR95-23
- -~_..__.. "-_...,....~.".,."".._"-'""'._.__..~-"~ --.-.-
1:'
EXHIBIT "e"
Page 20 of 20
VI CONCLUSION:
The applicant is requesting a zone change to reclassify 4.69 acres of land from
Interchange District to Commercial Retail and site plan review approval of an
approximate 22,160 sq. ft. automobile dealership. The entire site is proposed to be
5.11 acres in size after approval of a lot line adjustment. The proposed use and
improvements have been discussed in detail by the applicant and in this staff report.
. ~.0_"_~~" .,._ ,~"_,..._,,._~_~~_' 0',' _'_~"_"'_'"'_'___"'_"'_"_'__"'''"_'~~___<'''''''__
EXHIBIT "D"
Page 1 of 15
CONDITIONS OF APPROVAL
The following conditions are recommended if approved by the Planning Commission:
1 . Site Plan approval is subject to approval of zone change by the City Council
2. Approval of the zone change to Commercial Retail is for the proposed Auto
dealership only.
3. The proposed development shall be in substantial conformance with the
preliminary plan.
4. Finalize improvements to State Highway system with OOOT prior to issuance
of building permit.
5. The conditions also include the special provisions that were established by
the City and attached with access permit 03A35287.
6. Provide written authorization from BPA approving the proposed use within
easements prior to building permit issuance.
7. After commission approval, submit a landscaping and irrigation plan to the
Planning Department for review.
8. Approved backflow devices may be required (Larry Arendt - Wastewater
982-5283).
9. Submit sign plan to Building Official for approval and permit, if applicable.
(Bob Arzoian 982-5250).
10. 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, system development charges have been paid. Refer to part two
Pg 9 of the standards document for site plan preview (Randy Scott 982-
5247).
Page 8 - SPR95-23
-,.._,.--.."_..~.~-~-,._'-_....,.....-- ._~,~~.._,~''''
EXHIBIT nDn
Page 2 of 15
11 . Prior to occupancy permit issuance, the applicant shall submit one set of .
reproducible as-builts.
12. Conditions of Approval also include the following attachments as submitted
by:
Public Works Department
Building Department
Fire Department
ODOT
Wastewater
Planning
Police
13. Prior to building permit issuance, pay appropriate Systems Development
Charges in effect at that time.
14. The recorded property line adjustment must be in substantial conformity with
the tentative plan for the property line adjustment. The described property
is to be consolidated with the adjoining parcel and state which parcel that is.
15. The applicant shall submit a copy of the survey and plat map indicating
adjusted property line prior to recordation with Marion County.
16. Following recordation. provide planning staff with two copies of record of
survey.
Page 9 - SPR95-23
'......-- -. ^'.....-.._.~"_.,,_._-- ,....,-_.."..~,._."-'~"-~'- < -~._...,..".. ._---.~....__....,,~..<...._..~-- - .
SITE PLAN REVIEW
HILL YERS FORD
EXHIBIT -On
Page 3 of 15
A. GENERAL CONDITIONS
1. Final plan shall conform to the Construction Plan Review Procedures and
Standards.
2. All work within State Highway right-of-way shall require approval and permit
from the Oregon Department of Transportation.
3. The applicant, not the City of Woodburn, is responsible for obtaining permits
from any state and/or federal agencies which may require approval and/or
permit.
4. Bonneville Power Administration (B.P .A.) has title to a 125-foot wide easement
(right-of-way). The applicant shall obtain permit/approval from B.P.A. for the
proposed use within their easement.
5. All work shall conform to Woodburn Standard Specifications and all state
building codes.
B. STREET and DRAINAGE
1. Improvements on Oregon State Highway 219 shall be as per the Oregon
Department of Transportation conditions of approval; however, the city
recommends a turn lane be provided. Widening should include curb and
sidewalks and additional right-of-way if required.
2. The driveway approach onto'OSH 219 shall be constructed of concrete to
property line and shall conform to the City of Woodburn's commercial driveway
standard. .
A commercial driveway shall not exceed 36 feet in width for a three-lane
approach, providing for a left turn lane as per Woodburn Zoning Ordinance,
Chapter 10. Section 10.080. The driveway shall align with Arney Road.
3. Storm sewer shall discharge directly into drainage way along the east property
line. Approval and permit will be required from Oregon Department of
Transportation to utilize this drainage system. Detention will be required.
4. The City of Woodburn's proposed watershed management study identifies an
additional two-acre feet of flood storage volume be provided on this parcel
adjacent to east Senecal Creek drainageway. This area shall be provided
contiguous with the drainage way, above the normal water surface level and
below the elevation of 174.00 feet. The drainageway/floodway shall not be
filled or culverted.
Hillyer- Site Plan Review - Page 1
attachment A
,.-..-- "--'.--.,.....-.-..
---I
Exhibit RAn
Page 1 of 8
CITY OF WOODBURN
270 Montgomery Street . Woodburn, Oregon 97071 . (503) 982-5222
TDD (503)982-7433 . FAX(503)982-5244
STAFF REPORT
ZONE CHANGE # 95-09
APPLICANT:
Leroy B. Miller
P.O. Box 198
Woodburn, Oregon 97071
II NATURE OF THE APPLICATION:
The applicant is requesting a zone change in order to rezone property from RM Multi-
Family Residential to CR Commercial Retail.
III RELEVANT FACTS:
The site is located east of Hwy 99E and north of Hardcastle Ave. The property can
be identified specifically on Marion County Assessor Map 55, 1W, Section 8DC, Tax
Lot 400. The site currently has some buildings on the northern portion, the southern
portion is vacant. This area is planned for Commercial on the Woodburn
Comprehensive Plan. The property is split zoned. The northern 1.06 acres is
currently zoned CR Commercial Retail while the southern .56 acres is zoned RM
Multi-Family Residential. The zone change consists of this southern .56 acres.
The applicant is requesting a zone change only at this time. At such time
development occurs, the applicant will be required to request site plan review
approval for any construction.
IV RELEVANT APPROVAL CRITERIA:
A. Woodburn Comprehensive Plan
Commercial Land Development Policies
Public Service Goals and Policies
B. Woodburn Zoning Ordinance
Chapter 5 Permits and Enforcement
Chapter 6 Planning Commission
Chapter 7 Public Hearing
Chapter 15 Zone Change Procedures
Chapter 26 Multiple Family Residential
Chapter 29 Commercial Retail
Exhibit "An
Page 2 of 8
A. Woodburn Comprehensive Plan:
STAFF FINDING: The property is located within one of the four identified major
commercial areas and is over one acre in size. This is in compliance with the
Commercial Land Development Policies.
B. Woodburn Zoning Ordinance
Chapter 15 Zone Change Procedures
STAFF FINDING: The applicant has provided adequate information as required by
Section 15.030 Initiation of Zone Change by Complete Petition.
Chapter 16 Comprehensive Plan Amendment Procedure
Section 16.080. Burden of Proof. The following specific questions shall be given
consideration in evaluating requests regarding plan and zoning amendments and are
as follows:
(b) To support a zone change, the applicant shall:
(1) Show there is a need for the use proposed;
STAFF FINDING: The property is currently split zoned, the proposed
zone change would bring the southern .56 acres into the CR
Commercial Retail zoning designation. The Woodburn Comprehensive
Plan Map designates this property as Commercial. Therefore, a zone
change from RM Multi-Family Residential to CR Commercial Retail is
a logical transition since the entire property is planned for a
commercial use. The applicant states that "The fact that the city of
Woodburn Comprehensive Plan designates the subject property as
commercial is a recognition by the city of Woodburn that additional
commercial land is needed within the planning period."
(2) Show that the particular piece of property in question will best
meet that need.
STAFF FINDING: The subject property is directly adjacent to the
existing Les Schwab Tire Center, the business is wishing to expand
and as stated by the applicant "this parcel will best meet the current
needs of the Tire Center." The current Woodburn Comprehensive Plan
has the property designated for commercial which illustrates a
commercial use would be the best use in this particular area. The
applicant states that the "Les Schwab Tire Center is a significant
employer and a viable expanding business within the city. It is within
the interest of the City of Woodburn to cooperate, where possible,
with the needs of such business to expand. There exists no other
commercially zoned property which will meet the current expansion
needs of Les Schwab Tire Center. This parcel will best meet the
current needs of the Tire Center for expansion."
..-
H"'_I
.
Exhibit nAn
Page 3 of 8
V COMMENTS FROM OTHER DEPARTMENTS:
None at this time. Comments will be included when the applicant requests Site Plan
Review approval.
VI CONCLUSION:
The request is for a zone change from RM Multi-Family to CR Commercial Retail. No
site specific development is being proposed at this time.
VII DECISION:
If the Woodburn Planning Commission recommends approval to the city council, the
following conditions of approval are recommended by staff:
1. The applicant shall request Site Plan Review approval for structures built,
structurally altered, or enlarge.
Exhibit nAn
Page 4 of 8
EXHIBIT A
STATEMENT OF INTENT
1. Introduction.
Petitioner owns a 1.62 acre parcel shown as Tax Lot 400 on the Assessor's Map,
attached to this Statement of Intent as Exhibit 1. This 1.62 acre parcel currently contains
two zoning designations. The Northerly 1.06 acre +/- segment of said parcel is currently
zoned Commercial Retail. The Southerly .56 +/- acre segment of that 1.62 acre parcel is
currently zoned Multi-Family Residential.
Tax Lots 300, 500, 600, 700 and 800 are zoned Commercial Retail.
Les Schwab Tire Center is the owner of Tax Lots 600, 700 and 800 and wishes to
purchase from petitioner the Southerly portion of Tax Lot 400, the majority of which is
presently zoned Multi-Family Residential. Les Schwab Tire Center needs to expand its
business into said parcel and such expansion requires that said parcel be rezoned to
Commercial Retail.
2. Comprehensive Plan.
A Comprehensive Plan Use map of the city of Woodburn designates all of Tax Lot
400 as commercial. As a matter of fact, the Comprehensive Land Use Plan map of the
city of Woodburn also designates Tax Lots 900, 1000 and 1100 as commercial. This zone
change request is in conformance with Woodburn's Comprehensive Plan Land Use map
designation.
3. Public Need for Change.
The fact that the city of Woodburn Comprehensive Plan designates the subject
property as commercial is a recognition by the city of Woodburn that additional commercial
land is needed within the planning period.
4. Need Best Met by this Proposal.
Les Schwab Tire Center is a significant employer and a viable expanding business
within the city. It is within the interest of the city of Woodburn to cooperate, where
possible, with the needs of such businesses to expand. There exists no other commercially
zoned property which will meet the current expansion needs of Les Schwab Tire Center.
This parcel will best meet the current needs of the Tire Center for expansion.
.~.....~ .._.~ "-r---'c'-'~""--' ~- -....,~.~-_...._-_. "---"-~._""-'"
Exhibit nAil
Page 5 of 8
s. No Other Available and Appropriately Zoned Land in the Vicinity.
Although the Northerly part of Tax Lot 400 is currently zoned commercial. only the
Southerly part of Tax Lot 400 will currently meet the expansion needs of Les Schwab Tire
Center. Zoning designations normally follow property lines. For reasons which are not
clear, Tax Lot 400 is zoned partially Commercial Retail and partially Multi-Family
Residential. It is appropriate and reasonable that the entirety of Tax Lot 400 should be
changed to Commercial Retail.
6. Reasonable Use of Land Limited by Current Zoning Designation.
The Comprehensive Plan designates all of Tax Lot 400 as Commercial Retail. A
Multi-Family Zoning designation on the Southerly portion of this property does not conform
to the Comprehensive Plan designation. Until the zoning is brought into conformity with
the Comprehensive Plan, reasonable use and development of the land is frustrated.
.t~'rh(it~
LEROY B. MILLER
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Exhibit "An
Pa.!le 7 of 8
PETITION FOR ZuNE MAP CH~GE. ...... J IY/tP CH~6C
. c.ottfP6/7t:71161 if pC/7/'-'
DIRECT QUESTIONS TO: RECEIVED NOV 2 7 1995
LEROY B. MILLER
(NAME)
(CITY)
OR
(STATE)
(503) 651-3340
(TELEPHONE
97071
,
., (ZIP CODE)
P. O. Box 198
(ADDRESS)
Woodburn
REQUEST:
To change .56 AC of (p~esent zone/present compo plan) RM
To (desired zone/desired compo plan) CR
by the City of Woodburn Zoning Ordinance.
as such zones are defined
OWNERS:
LEROY B. HILLER
NAME (PLEASE PRINT OR TYPE)
P. O. Box 198
ADDRESS & ZIP CODE
Woodburn, OR 97071
LOCATION AND SIZE OF THE PROPERTY: or if not addressed, then state
distance to the nearest intersecting street or know landmark.
******************************************************************************
"
APPLICATION CHECKLIST
,
,.,
OFFICE USE ONLY
YES
NO
1. Statement of Intent (Exb. A)
2. Plot Plan (Exb. B)
3. Legal Description of the Property
4. Ust of All Property Owners within
250 Feet of the Properly
5. Assessors Map
,.,... 'T""-"""'"" "
. .
Exhibit "A"
Page 8 of 8
REQUIRED AlTACHMENTS
1. STATEMENT OF INTENT should discuss/explain the reason this request Is rnade.
Include brief description of any proposed construct/on or land use change. show
that the request Is: 1) In confonnance with the Comprehensive Plan; 2) there Is a
public need for this change; 3) that need Is best met by this proposal; 4) there is
no other available and appropriately zoned land In the vicinity; 5) petitioner's
cannot make a reasonable use of the land as It Is currently zoned. (See zone
change policy considerations). (Mark EXHIBIT "AI
2. PLOT PLAN: Show all properties within 250' from and parallel to the subject
property and the land use of each. Mark EXHIBIT "B", Draw to scale.
3. LEGAL DESCRIPTION of the property In rnetes and bounds (as it appears on the
deed); Mark EXHIBIT "CO, or If property Is within a platted subdivision:
T C ,,-. R i 1,,) '5 c S' .D C 00 'f co -
* Lot: . Blocl<: . of (Subdivision).
*NOTE: If a fraction of the lot, then attach full description as if it were metes and
bounds.
4. NAMES AND ADDRESSES OF ALL PROPERlY OWNERS (husband and wife)
within 250 feet from and parallel to the subject property. Obtain certified list
and map from title company and attach. Mark EXHIBIT "0".
5. . ASSESSOR'S MAP. Attach copy of Marion County Assessor's map showing
subject area and outlining 250" notification area Mark EXHIBIT "PI
We, the undersigned, hereby Certify that all the statements In the plot plan,
attachments, and exhibits transmitted herewith are true and complete, and we are
the owners of record or contract purchasers of orooertv for which th.e zone mao
chanae Is reauested:
"
NAME DATE
i >t/?'^:'(?Y i'h Lil "- / / - ?-I -- <;'':;-
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