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Ord 2141 - Reclass Prop Hwy 219 COUNCIL BILL NO. 1612 ORDINANCE NO. 2141 AN ORDINANCE RECLASSIFYING CERTAIN PROPERTY LOCATED ON STATE HIGHWAY 219 BETWEEN WOODLAND AVENUE AND ARNEY ROAD FROM COMMERCIAL OFFICE (CO) TO COMMERCIAL RETAIL (CR); APPROVING A SITE PLAN REVIEW APPLICATION; AND ATTACHING CERTAIN CONDITIONS HERETO. WHEREAS, the applicant, Robert Miles dba Miles Chevrolet, submitted application 94-02 for a zone change from Commercial Office (CO) to Commercial Retail (CR), and WHEREAS, application 94-14 was also submitted by the applicant for site plan approval, and WHEREAS, the City Council conducted a Q.e. novo public hearing on February 27, 1995 and heard testimony on said application, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The subject property is owned by Robert Miles dba Miles Chevrolet and is described as follows: Tax Lot 6600 See, 12, Township 5 South, Range 2 West, Willamette Meridian Section 2. That based upon the findings and conclusions contained in Exhibit "A", the zone designation on the subject property is changed from Commercial Office (CO) to Commercial Retail (CR), Section 3. That the Site Plan of said property is approved based upon the findings and conclusions contained in Exhibit "A". Section 4. That the zone designation change and site plan approval on the subject property are subject to the conditions contained in Exhibit "B" that the Council finds reasonable, Approved as to form:0:>> ~ City Attorney ~/1 /t~ Dat~ ' APPROVED: Page 1; - Council Bill No, 1612 Ordinance No, 2141 ... '--0 ..._.......'.' " "--'-'---'--'-----'1 Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: J1?~ -;;::~ -+ Mary Tennant, City Recorder City of Woodburn, Oregon Page :2 - Council Bill No, 1612 Ordinance No. 2141 ,-- '..-..".......- March 27, 1995 March 28, 1995 March 28, 1995 March 28, 1995 Exhibit" A" Page 1 of 13 RECOMMENDATION OF THE WOODBURN PLANNING COMMISSION Zone Change Case No. 94-02 and Site Plan Review 94-14 I. APPLICANT: Robert Miles Miles Chevrolet 280 S. Pacific Why. Woodburn, OR 97071 II. NATURE OF THE APPLICATION: This application is for a change in zone on the subject property from Commercial Office (CO) to Commercial Retail, and for approval of a site plan to construct an auto dealership. The site plan includes construction of an office/sales building, parking and loading areas and landscaping. m. HISTORY OF THE APPLICATION: A duly completed application was received in the City Planning Department in May, 1994. Staff analyzed the proposal and received comments and information from other agencies, and based upon that ~w and analysis, recommended that the application be approved. A public hearing before the Woodburn Planning Commission was duly held on July 14, 1994. Based on the information available at that time, the Planning Commission recommended denial of the application. An appeal was duly filed with the Woodburn City Council, and the matter was referred for Council consideration. The City Council duly held a public hearing on this application on September 12, 1994. At that time, the Council received additional evidence and justification for the application from consultants hired by the applicant. Based on the existence of new information received at the public hearing, the City Council remanded the application back to the Planning Commission for its consideration of the new information. The application was placed before the Planning Commission, who held a third public hearing on the request on November 10, 1994. During that public hearing, additional evidence, information and testimony was received regarding this application. At the conclusion of the public hearing, the Woodburn Planning Commission voted to recommend APPROVAL to the City Council the application with specific conditions. _,.t, .,..... Exhibit "An Page 2 of 13 IV APPLICANTS PRIMARY POINTS OF DISCUSSION The applicant emphasized to the commission that this case involves only a zone change, and not a comprehensive plan amendment. The Woodburn Comprehensive Plan is much more static and less subject to change than the zoning map district contained within each comprehensive plan designation. The comprehensive plan clearly indicated that zoning should not remain static, but should adapt with the times and growth of the community. On this point, the plan says: "The planning process is continuous. There is no plan which can foresee all of the problems which the future will bring." Page 93, Section XIII. It was suggested that this zone change would have the effect of opening the door for Highway 219 to become inundated with other dealerships, making it look like 82nd Street in Portland. The applicant stated it is almost impossible for this to happen because of the lack of available lands, and the strict land use process needed to change the Comprehensive Plan. There are two factors at work here: the location of the UGB; and the lack of other lands with the commercial plan designation. Auto sales is considered to be strictly urban type use that is allowed only inside the UGB. Therefore no auto sales will ever be allowed west of the Church, because that is where the UGB lies. In addition to HWI, the property is designated industrial in the Woodburn Comprehensive Plan. Given the lack of suitable inventory of industrial lands in the City at this time, it would be nearly impossible to change the industrial plan designation to commercial. During the course of the hearings on this matter a concern was raised about the potential for fencing the subject property as part of the site plan. The applicant indicated that it was not his intent to fence the property, but instead to utilize landscaping, berms and security patrols to control the site. These methods have proven successful in the industry to control theft and vandalism. Because of the fear of the neighbors of what the site would look like with a fence around the perimeter of the property, the applicant has agreed to a condition of approval to the site plan that prohibits perimeter fencing. In addition, the time at which the traffic is generated is important in an analysis of this type. An auto dealership spreads its traffic over the entire course of a day, while office space will put a very large share of its traffic in the morning peak hour and in the evening peak hour. The significance of this is that when the streets are already crowded with residents going to work or going home, it is preferable to have a use at the subject property that will not create most of its traffic during those peak hours. An automobile dealership does just that, while an office park does not. Page 2 - Recommendalion of Woodburn Planning Commission (Miles Chevrolet) ".~ -_.~_.......~_u..______.~.__...-.._"t_'"__ Exhibit "A" Page 3 of 13 The applicant has done a complete survey of all parcels within the Urban Growth Boundary (UGB) of the City of Woodburn for detennination of suitability of an alternative site for an auto dealership. The applicant has testified that the criteria for establishing a new auto dealership is generally mandated by that industry. The siting criteria use by the applicant in selecting the site included the following: a. The site must have immediate access to major highways, arterial streets and population centers. b. The site must demonstrate acceptable current and future traffic volumes to assure long term business vitality. c. The site must have "easy access" from the major road systems to accommodate spontaneous buyers. d. The site must have excellent visibility towards the road system with large frontages for vehicle display. e. 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. f. The site shall be flat or nearly so and in a square or rectangular shape to accommodate vehicle display, visibility and on-site traffic management and building design. g. The site shall not be adjacent to other automobile dealerships. h. The site shall have public services and utilities. City services are more advantageous because utilities, police and fire services are more readily available. 1. The site shall be free of hazardous materials. j. The land shall be purchased not leased. Land purchase provides for long term investment verses the long term expense of a lease. k. The site shall allow for long term diversification and growth as market demands change. 1. There shall be no easements that adversely affect the site. Page 3 - Recommendalion of Woodburn Planning Commission (Miles Chevrolet) ~. . .,..., ',-c_->...'-.r Exhibit "A" Page 4 of 13 The applicant stated that pursuant to industry standards, the subject property is the only parcel in the city that is suited for his use. Additionally, much of the dissent for the project voiced at earlier hearings was centered upon the construction of the Arney Road extension. "This street does not specifically benefit the applicant's use of this property, but is required by the Oregon Department of Transportation. The applicant's involvement and participation in its completion is understood regardless of the use or wne on this property. V. FINDINGS OF FACT: 1) The subject property is approximately 6.4 acres in size and of uniform shape. There is a wetlands area on the northern section of the subject property, otherwise the parcel is flat and generally is open with some vegetation and a few mature trees. 2) The subject property is bordered to the south by Highway 219, to the east by Arney Road, to the west by Woodland Drive and to the north by a mobile home park and an R. V. park. 3) The Arney Road extension traverses across the northern portion of the subject property. This extension is intended to connect Arney Road with Woodland Drive. 4) The subject property lays in a transition area between a single family residential area to the northwest and the commercial areas to the northeast, east and to the south. 5) The subject property is vacant. 6) There is a motel, gas station, convenience store, R. V. park, mobile home park, residential subdivision, large tract industrial property and the HWI facility in the immediate area. Interstate 5 runs north and south just to the east of the subject property. The subject property is proposed to be developed for the applicant's auto dealerships. The plan calls for construction of an officeJ sales! service building to be constructed on the subject property. The remainder of the site will be landscaped and will provide paved area for access, parking, display, loading and service of vehicles. No access is proposed or will be allowed on Highway 219. A primary access point for the subject property will be on Arney Road with secondary accesses on the Arney Road extension and a auxiliary access onto Woodland Drive, directly across from Myrtle Street. All access points meet public works and ODOT standards as to width, separation, distance and construction style. Page 4 - Recommendatio1l ofWoodbUl7l Platmi1lg Commissio1l (Miles Chevrolet) -' ~ ~.. ..~_...^ .-----.-r--- Exhibit" A" Page 5 of 13 7) All landscaped areas will be irrigated and will contain a mixture of trees, shrubs and flowers. A site obscuring berm will be constructed the full length of the eastern boundary of the property excluding the access cut at Myrtle Street. The berm will be landscaped and a large hedge will be planted in conjunction with the berm to provide additional buffering between this use and the residential area to the west. 8) The applicant has established a test drive route for sales, customers and service personnel to use in conjunction with the auto dealership. That route will eliminate and prohibit any drives through the adjacent residential areas and shall be confined to utilization of Highway 219, the freeway and Butteville Road. The applicant shall place this restriction against drive throughs in the residential areas in their personnel manual, and shall post the non-residential test drive route in both the sales and service areas. 9) All applicable setback distances are met by this application. Off street parking requirements of the zone code require that a minimum of 35 spaces are provided, and the site plan shows many more than that. Two loading spaces which are a minimum 12 feet wide and 30 feet long are required by the zoning ordinance and the site plan meets that standard. The parking areas will be paved and will be graded in such a way to provide adequate and proper collection and disposal of storm water run-off. The parking areas will be curbed with appropriate vehicle stops, and the landscaped areas meet or exceed the five foot requirements of the zone code. The complete facility will meet all ADA requirements and internal signage, will provide traffic flow control by directional arrows and information signs. 10) The subject property will be lighted and all such lighting will be deflected away from residential areas and road right-of-ways. No loudspeaker paging system will be used on the site. The subject property is served with all necessary public facilities including sewer, water and public utilities. 11) The proposed office/sales building will be over 300 feet from the nearest residence. Between the residence and the new construction will be a road right- of-way, significant landscaping and a site obscuring berm. The proposed design, color and materials of the exterior of the structure was found to be appropriate to the character of the immediate area. 12) The property will not be fenced. A security company will be hired to make periodic inspections of the property during non-business hours. Page 5 - Recommendation of Woodburn Planning Commission (Miles Chevrolet) .' .~ .,...-- Exhibit "A" Page 6 of 13 CONCLUSION: 1) The applicants site plan proposal is in conformance with a11loca1 implementing ordinances relating to zoning, public works and fire life safety. 2) The applicant's sit plan exceeds the standards required in regards to landscaping, lighting, and noise abatement. COMPREHENSIVE PLAN CRITERIA CHAPTER XIII REVIEW, REVISION AND UPDATE PO 93 The pl..nning process is continuous. There is not plan which can foresee all of the problems which the future will bring. In most cases for decision the Planning Commi<<ion and Counell will be petitioned by private citizens to change the Land Use Plan designation of a particular parcel of property. This is a quasi-judicial activity and should follow the procedures set out for quasi-judicial rulings. However, the Planning Commi<<ion should insure that whatever changes it makes in the Land Use Plan, they are consistent with other goals and policies established in the Plan. These changes, in general, should be justified by a solid body of evidence presented by the petitioner showing the following: 1. compliance with the goals and policies of the Comprehensive Plan; 2. compliance with the various elements of the Comprehensive Plan; 3. compliance with state-wide goals and guidelines; 4. that there is a public need for the change; 5. that this land best suits that public need; and 6. that the land cannot be suitably used as it is presently designated. CRITERIA: 1. Compliance with the goals and policies of the Comprehensive Plan; and 2. Compliance with the various elements of the Comprehensive Plan Page 6 - Recommendation of Woodburn Planning Commission (Miles Chevrolet) -' ~ Exhibit" A" Page 7 of 13 Commercial Land Development Policies Chapter IX PG 41 & 42 B-1. 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 214/211/99E four comers intersection area. No new areas should be established. B-2 Commercial office and other low traffic generating commercial retail uses can be located on collectors or in close proximity to residential areas if care in architecture and site planning is exercised. The City should insure by proper regulations that any commercial uses located close to residential areas have the proper architectural and landscaping buffer zones. FINDINGS: 1). The Comprehensive Plan Map designates this property as commercial. 2). The Comprehensive Plan identifies this parcel as being located in one of the four commercially designated areas of the City. 3). The application does not involve a request for a change in the Comprehensive Plan Map designation. It is however, a request to amend the Zone Map for commercial office (CO) to ,commercial retail (CR) which allows an automotive dealership as an optional business pursuant to section 29.030 (b) (2) of the Woodburn Zoning Ordinance. 4). The Comprehensive Plan Map designation allows commercial office, commercial retail, commercial general and interchange district in order to implement the Plan Policies of the designation. 5). The City has required that a berm be constructed and landscaped with a "large" hedge to provide buffering between this use and the residential areas as required by the commercial plan policy. CONCLUSIONS: 1). The Comprehensive Plan Map allows for various commercial districts. 2). Auto sales is a permitted use in the commercial retail (CR) zone. Page 7 - Recommendation of Woodburn Planning Cbmmission (Miles Chevrolet) " . ,- .,... .', --------" 1--'- Exhibit "A" Page 8 of 13 RESIDENTIAL LAND DEVELOPMENT POLICIES CHAPTER IX PG 43 A-9. Industrial and commercial uses which locate adjacent to residential areas should buffer their use by screening and design control, and should be controlled with sufficient setbacks so as their location will not adversely affect the residential areas. FINDINGS: I). Residential uses to the west and south of the proposed site are separated by Woodland and Arney Roads. 2). The site plan (SPR94-14) requires that a berm be constructed adjacent to Woodland with landscaping and large trees. In addition that property north of Arney Road will be left in natural vegetation with old growth trees. 3) The applicant produced an appraisal analysis of this area from a certified appraiser. The appraisal report indicates that there is no market indication that the change in zone or the establishment of an automobile dealership on the subject property will have any adverse effect the value or salability of adjacent residential property . 4) The applicant produced a report from an environmental consultant indicating that the automobile dealership as located on the subject property will have no potential environmental impact concerns. CONCLUSION: I). Sufficient measures have been taken to provide buffering adjacent to the neighboring residential uses. 2) It was determined no adverse environmental impacts or effect on adjacent property values will be J'f'.llli'7ed. Page 8 - Recommendation of Woodburn Planning Commission (Miles Chevrolet) .,-*0 , --_.~--,..-t-- Exhibit "A" Page 9 of 13 TRANSPORTATION GOALS AND POLICIES CHAPTER IX PG 51 1-1-2 Develop a transportation system that interconnects residential areas with employment centers, commercial areas, schools, parks, churches and regional transportation networks. 1-1-3 Develop a street system wherein arterial streets are of sufficient width to accommodate traffic flows without interroption. Collector streets should function to conduct traffic between arterial streets, which serve to accommodate movement within neighborhoods. 1-1-4 To insure that state and federal highways with routes through the City are improved in accordance with projected traffic volumes and the elements contained within this plan. FINDINGS: 1). The city and the Oregon Department of Transportation have identified the extension of Arney Road to Woodland Ave. as being a requirement of site plan review approval. 2). The purpose of the Arney Road extension is to accommodate future traffic flows in this area. 3). The Arney Road extension has been planned and designated by the Oregon Department of Transportation and will be constructed at its current location regardless of who or what develops on the subject property. According to an ODOT representative who appeared at the public hearing, the Arney Road extension in not related in any way to this application. 4). According to the applicant's traffic engineer, the total daily traffic after construction will be only 200 for the subject property. It is anticipated that the dealership will grow and expand over the years into the future up to a maximum utilization of approximately 400 traffic trips per day at maximum use. Conservatively, the traffic engineer estimates that if the property were developed to office space, it could generate approximately 995 traffic trips per day. Page 9 - Recommendation of Woodburn Planning Commission (Miles Chevrolet) " ~ Exhibit "A" Page 10 of 13 5). The times at which the traffic is generated is important in an analysis of this type. An auto dealership spreads its traffic over the entire course of a day, while office space will put a very large share of its traffic in the morning peak: hour and in the evening peak: hour. The significance of this is that when the streets are already crowded with residents going to work or going home, it is preferable to have a use at the subject property that will not create most of its traffic during those peak: hours. An automobile dealership does just that, while an office park does not. 6). Using the standard trip generation manual, the traffic engineer estimates that 292 trips would be caused by utilization of the property for an office park, or almost 30% of the total traffic volume generated by the site. On the other hand, an auto dealership would generate only 67 trips during the a.m. peak: hours, which is less than 10% of the total estimated ADT. I The traffic engineer did a site specific traffic count at the applicant's current location, and based on that information has adjusted the manual estimate downward to a maximum of 400 ADT at maximum use of the subject property. This equates to a 43 % reduction in trip generation estimates. Applying this same reduction to the total number of peak: hour trips estimated, it faIls from 67 to 38 total trips per day during the combined a.m. and peak: a.m. hours. 7) The project and zone change in compatible with the Transportation Plan. CONCLUSION: 1). The project is compatible with the objective required by ODOT in implementing an adequate street pattern to accommodate future traffic generation. 2). The specific use could generate less vehicular traffic that some office use. COMPLIANCE WITH STATE WIDE GOAlS AND GUIDELINES FINDING: 1). By meeting the goals and policies of the City's Comprehensive Plan, the City complies with the state wide goals and guidelines. IThe trip generation manual places the ADT for an automobile dealership at 700. However, that figure is based on a nationwide estimate that was found by the traffic engineer to be inapplicable here. Page 10 - Recommendation of Woodburn Planning C()1nmission (Miles Chevrolet) , . ~ Exhibit "A" Page 11 of 13 THAT THERE IS A PUBLIC NEED FOR THE CHANGE THAT THIS LAND BEST SUITS THAT NEED FINDINGS: 1). There is a public need for this rezoning. Need is judged by virtue of land use inventories available within the zoning and comprehensive plan and districts of the City. If there is a use to which there are no suitable parcels available in the City, there is a land use "need" to provide a zone for that use. 2). The subject property best meets salient industry standards. After review of the entire City's inventory, eight specific parcels were judged against the industry standards for siting within the city limits. The following other seven parcels were analyzed and failed to meet the criteria: a. Parcel #1 is an existing commercial zone on Mt. Hood Avenue owned by K-Mart. This property was already partially developed and the remaining 3.4 acres were too small for the auto store. b. Parcel #2, a CR zone on Mt. Hood Avenue and Pacific Highway, was completely developed. It currently houses a Safeway and other businesses located on this property. c. Parcel #3 is a large 11 acre site with a Commercial General and Commercial Office zone at the intersection of Pacific Highway and Molalla Road. This parcel also abuts an RS zone. The property was owned by Pac-West and was to be sold in its entirety without consideration to break it down into smaller parcels. The property is too large and economically unfeasible for a business of this type. d. Parcel #4, owned by the Jehovah's Witnesses, is in a CR zone without any commercial frontage and with a back section that is partially developed with a church facility. This is unsuitable for the type of commercial access that a car dealership requires. e. Parcel #5, owned by Beverly J. Brack was 4.53 acres fronting Pacific Highway and in a CR zone. The property is too small, considering that the frontage is already developed. Page 11 - Recommendation of Woodburn Planning Commission (Miles Chevrolet) . ,- ..~.". Exhibit "A" Page 12 of 13 f. Parcel #6 in a Commercial General zone on Mt. Hood Avenue is developed along the frontage to 300 feet back from the street curb. The remaining four acres at the rear has no visibility and is too small for an auto dealership. g. Parcel #7, located at Interstate 5 in a Commercial General Zone, the property lies outside the City limits of Woodburn. It was and is not available for sale. The property is being developed by Capital Development Corporation, land banked for future Capital projects. At present time, this property has insufficient access to meet public demand, or service the needs of an auto dealership. 3). The subject property is the only parcel suited to fulfill this need. As indicated in the applicants report, the applicant utilized industry-wide siting criteria and applied that on a parcel by parcel basis within the City of Woodburn. The subject property was the only one which met all of the siting criteria. 4). The removal of the subject property from the CO zone will not have any detrimental effect on the overall availability to provide suitable office space in Woodburn. The zone code structure in Woodburn provides that any use allowed in the CO zone is an outright permitted use in the CR zone. Therefore, all of the seven vacant CR zones parcels which are not suitable for auto dealership use are, or could be, available for office space construction. 5). Three parcels east of the 99E1211 intersection were not analyzed as to its potential viability. This property lies outside the City limits but within the UGB. CONCLUSION: 1). Land availability for this type of land use in severely limited. THAT THE LAND CANNOT BE SUITABLY USED AS IT IS PRESENTLY DESIGNATED FINDINGS: 1). The subject property is not suitable for use as a commercial office complex because of the size of the parcel and its location. The CO zone has been applied to the property for at least the last 15 years. If it were viable for office use, given the dramatic growth of the City of Woodburn during the last 15 years, the subject property would have been developed for that use. It was not, and that is the best indicator of its lack of suitability. Page 12 - Recommendation of Woodburn Planning Commission (Miles Chevrolet) . . ~ "--"--'~'--I-- Exhibit "A" Page 13 of 13 2). The subject property, as currently zoned, creates a land "burden" on the bottom line of any development. To overcome this burden which adds to the rental that must be charged through office leases, developers are forced to develop the property to its highest density allowed by the code. For an office use, this equates to a minimum of 87,000 square feet of office space and potentially as much as 147,000 square feet of office space. 3). Current office development in the City of Woodburn is of much smaller size, typically on two acres or less. Most office projects have tended to gravitate to the central business district where the business activity becomes synergetic and symbiotic with other business rather than to seek out isolated sites. The subject property is well suited for an auto dealership for just the opposite reason. The size is an absolute requirement and the isolation is desirable. 4). The demand for CO zoned property is not sufficient to make this large parcel attractive in the near future. With ample supply of other CO and CG zones which have not developed for office use, it is apparent that the supply of CO and CG property is more than sufficient to meet the future demand. CONCLUSION: 1). The site best meets the need for an auto dealership. VI RECOMMENDATION OF THE PLANNING COMMISSION: After careful review of the record in this case, the Planning Commission recommends that the application to rezone the Miles property from CO to CR be APPROVED, and that the site plan for construction of an auto dealership thereon be APPROVED. It is the further recommendation of the Planning Commission that the zone change be conditioned to allow only auto sales, and no other retail type uses without obtaining additional zoning approval through the zone change process. It is further recommended that the site plan approval be conditioned so that no fence around the perimeter of the property shall be allowed. Page 13 - Recommendation of Woodburn Planning Commission (Miles Chevrolet) < .~. .-.,...... .. ~..__...... .,,-~,~~-_..,~--._._-----~~t- Wallace W. lien. P.C. Exhibit "6" Page 1 of 6 MILES CHEVROLET - CONDITIONS OF APPROVAL As Requested by City Council A CONDITlONS RELATING TO STREETS/TRAFFIC: L The width and location of the drivewav onto Arney Road must be approved bv ODOT. 2. An additional 5 feet of right-of-way shall be dedicated to the public adjacent to State Highway 219. An additional 10 feet of slope and utility easement shall be conveyed to the public adjacent to the 5 foot dedication required herein. 3. All work within the state highway right-of-\vay shall require approval and permit trom the Oregon Depal1ment of Transportation. 4. The applicant shall dedicate 60 feet of right-of-way to the public across the entire northern section of the subject property from Arney Road to Woodland Avenue. The exact location of this right-of-way shall be determined by the city. but shall be situated as far north on the subject property as is possible. taking into consideration the presence of potential wetlands in the northeast corner of the site. 5. The applicant shall improve this new street (Arney Road e:'<iension) as follo\\s: a. Complete the design of the intersection with Woodland Ave, and construct it to cine standards. b. Construct this new street for a distance not to exceed 125' east from the Woodland Avenue intersection. This portion of the street shall be tlll1 pavement width from curb to curb. with gutters and sidewalks on the south side only. and shall be constructed to city standards. It is intended that this street shall be provided for access (by driveway) to the northern portion of the property. c. Design allowances shall be made for public storm sewer system. and construction thereof shall be made to the extent of the new street being constructed pursuant to this condition. d. Applicant shall be reimbursed trom future landowners whose developments contribute to the need for this street, a pro-rata share of the cost of construction and dedication being made by the applicant, the Page 1 - Conditions o.(ApprovaL - As 0.( February 27.1995 . ,~ T ------,. Wallace W. Lien. P.C. Exhibit "8" Page 2 of 6 formula of which shall be determined by mutual agreement between the city and the applicant. It being understood that the need for dedication and construction ofthis street is not because of this development alone but also because of the impacts on tratlic t10IV that will be generated in the future from development of vacant lands to the north of the subject property. 6. The southerly access onto Woodland should be aligned with Myrtle Street. 7. No on-street parking shall be allo\yed. and "No Parking" signs should be posted. 8. Install a security chain across drivewav onto Woodland Drive and the new north road. 9. Install a stop sign at the drivewav onto Arnev Road. 10. Construct a half street improvement on Arney Road along the frontage of the subject property. a. Engineered drawings shall be submitted to, and approved by ODOT showing: 1. Drainage from Hillsboro-Silyerton Hv.'Y to Arney Road north to outfall at the wetlands in the northeast corner of the subject property. 11. The pavement cross-section for the improvement. 111. The location, width and tllming radius of the driveway onto Arney Road. 11. No direct access shall be allowed onto Higlmav 219. 12. The applicant shall be required to improve Highway 219 along its frontage as follows: a. Construct cllrb, glitter and sidewalk along the entire frontage. b. Overlay (2" asphalt) Highwav 219 along the frontage, only in the event lane line changes will occur oyer the new construction. and further if core Page 2 - Coltditions of Approval-As of February 27,1995 ~. ,.~. .....,..... ....."~-~"r-.- Wallace W. Lien, P.C. Exhibit "8" Page 3 of 6 samples of roadbed determine that such an overlay is necessary for load carrying capacity of the street. 13. At such time as time conditions "arrant. the driveway' from the subject property onto Woodland Avenue at Myrtle shall be restricted to right turn exit only. The city and ODOT shall detenlline Ivhen conditions warrant this restriction. but it is understood that when a traffic signal is installed at Woodland and Highway 219. conditions will undoubtedly warrant this restriction. B. CONDITIONS RELATING TO WATER: 1. Must have a minimum of 3 fire hydrants on the site. at locations to be determined by the Woodburn Fire Department. 2. Back-flow prevention deyices may be required depending on water usage, such as irrigation system or fire sprinkler system. 3. Water meters shall be located Ivithin the public right-of-way or utility easement. 4. Outside address must be visible from the entrance of Arney Road. 5. As indicated in the plan. the Ivater line for fire protection will be looped, depending on hydrant locations. The Ivater main should be looped to Woodland through the north pOltion of the property. 6. Must have a minimum 01'3250 gallons per minute at the site. C. CONDITIONS RELATING TO DRAINAGE: 1. An existing stornl sewer traverses through this property. This will need to be addressed or relocated through the construction plan reyiew process. 2. On-site catch basins shall be the pollution control type. 3. The storm sewer within the proposed street along the north property line shall be a public system. D. CONDITIONS RELATING TO SANITARY SEWER: Page 3 - Conditions ofApprol'al- As of February 27.1995 T"~^ ..,._~'1"" Wallace W. Lien, P.C. Exhibit "8" Page 4 of 6 I. The relocation of the existing on-site sanitary sewer to provide for the proposed building location is acceptable. However, the location as proposed near Woodland may need to be revised during the construction plan review process. 2. Provide easements for the existing on-site city maintained sanitary sewer lift station and sewer mains. E. CONDITlONS RELATING TO BUILDING CONSTRUCTION: 1. The building must be ADA accessible, and comply with all UBC provisions. 2. Must submit and obtain approval for a "Fire and Life Safety Plan" from Marion County. 3. Final plan shall conform to the construction plan review procedures and standards. 4. All work shall conform to City of Woodburn standards and all state building codes. 5. Submit, prior to occupancy, one set ofreproducible as-builts. F. CONDITIONS RELATING TO FINANCIAL CONTRiBUTIONS: 1. Subject to Traffic Impact Fees (TIF). and Storm Water Runoff charges (SOC). Applicant may apply for credits to offset said fees for applicant improvements constructed pursuant to the requirements of this approval. 2. Post a maintenance bond, good for one year. in the amount of 10% of the improvement costs which will be maintained by the city. G. GENERAL CONDITIONS: I. Must obtain a sign permit tor any signs. 2. A lighting plan for parking, pedestrian and security areas be submitted and approved by staff. This plan shall provide for appropriate shielding to direct lighting on-site, and to prevent to the extent possible, light escaping onto any adjacent residential property. 3. The applicant, not the City of Wood bum, is responsible for obtaining permits from Page 4 - Conditions of Approval- As of February 27. 1995 ~ ..--. ---"~'--'''-'-'I Wallace W. lien, P.C. Exhibit "8" Page 5 of 6 any state andior tederal agencies which may require approval and permit such as Division of State Lands or the Department of Transportation. 4. A landscaping and irrigation plan shall be submitted to staff for approval. Landscaping and signing shall comply with the Zoning Ordinance Section 8.190 vision clearance. Landscaping along Woodland Avenue shall include a benn and low growing shrubs, with tree$ or hedge tvpe plants planted along the top of the berm. 5. On-site construction shall not commence until the improvement plans have been approved and all right of way permits and system development charges have been paid. H. SPECIAL OPERATING CONDITIONS: 1. The zone change approved herein shall allow only whicle and vehicular related type sales and service. No other retail type uses shall be allo\\"O;ld without first obtaining approval thereof through the zone change process. 2. No fence shall be erected around the perimeter of the subject property. 3. No exierior public address system shall be used in conjunction with this use. 4. Applicant shall submit to the Planning Department for approval, a policy prohibiting company authorized sales or service test drives from using any residential street west of 1-5, excluding that portion of Woodland from its intersection at Highway 219 to its intersection \vith the Arney Road extension at the northwest corner of the subject property. 5. Only one driveway shall be allowed directly onto Woodland Avenue. and that driveway shall be directly across from the Myl11e Street intersection. 6. The primary business orientation shall be directed either to the east. towards Arney Road, or to the south, towards Highwav 219, or both. 7. The building shall be located close enough to the west property line to allow for the load out areas to be situated east of the building. The purpose of this condition is to have the building act as a separation butter between the residential areas to the west and the load out area (as well as other business activity) that will be on the other side of the building to the east. Page 5 - Conditions of Approval- As of February 27. 1995 ~. -. ...".------..-....., Wallace W. Lien, P.C. Exhibit "S" Page 6 of 6 8. The building shall not have east west service bay doors. All service bay doors shall be on the north and south ends of the building. 9. All driveways shall be closed after business hours. and applicant shall provide after hours security. 10. The building shall be only one story. Page 6 - Conditions ofApprol'aL - As of February 27. 1995 "'-."""or-".