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Ord 2388 - 1475 Mt Hood Av COUNCIL BILL NO. 2578 ORDINANCE NO. 2388 AN ORDINANCE APPROVING DESIGN REVIEW CASE FILE NO. 05-01 AND VARIANCE CASE FILE NO. 05-05 AFFECTING PROPERTY LOCATED AT 1475 MT. HOOD AVENUE; ATTACHING CERTAIN CONDITIONS THERETO; AND DECLARING AN EMERGENCY. WHEREAS, the applicant, Matthew Spicer of Clark/Kjos Architects, submitted Design Review Case File No. 05-01 and Variance Case File No. 05-05 to retrofit and upgrade the building fo<;ade and site elements at the existing structure located at 1475 Mt. Hood Avenue for use as an outpatient health service and wellness center; and; WHEREAS, the Woodburn Planning Commission approved said applications, and; WHEREAS, the Woodburn Planning Commission's decision was appealed by Webstar V. LLC, and; WHEREAS, the Woodburn City Council has conducted a public hearing and reviewed the record pertaining to said application and has considered all public testimony and evidence presented on said application; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That based upon the findings and conclusions contained in Exhibit "A", which is affixed hereto and by this reference incorporated herein, Design Review Case File No. 05-01 and Variance Case File No. 05-05 are approved. Section 2. That the land use applications approved by Section 1 herein are subject to the conditions contained in Exhibit "B", which is affixed hereto and by this reference incorporated herein, which the Council finds reasonable. Section 3. This ordinance being necessary for the immediate preservation of the public peace, health, and safety, because this is a site specific land use decision that is not subject to a referendum petition, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Page 1 - COUNCIL BILL NO. 2578 ORDINANCE NO. 2388 Approved as to form~.;-va-KJ City Attorney Passed by the Council Jul y 11, 2005 Submitted to the Mayor July 11, 2005 Approved by the Mayor Jul Y 11, 2005 Filed in the Office of the Recorder Jul y 11, 2005 ATTEST: fY/ ~. Ma~nant, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 2578 ORDINANCE NO. 2388 ~ EXHIBIT "A" FINDINGS AND CONCLUSIONS DESIGN REVIEW 05-01 VARIANCE 05-05 I. APPLICANT INFORMATION Applicant: Matthew Spicer 333 NW 5th Avenue Portland, OR 97209 Property Owner: Webstar V. LLC Attn: Robert Engle 610 Glatt Circle Woodburn, OR 97071 Application Deemed Complete: 120-Day Rule Deadline: March 9, 2005 July 7, 2005 II. NATURE OF APPLICATION: The applicant requests administrative (Type II) design review approval to retrofit and upgrade the building fayade and site elements at the existing structure located at 1475 Mt. Hood Avenue for use as an outpatient health service and wellness center, and variance approval to allow 43 existing parking spaces to remain in the required front yard setback. The applicant also proposes to remove the existing 3,565 square foot Garden Shop on the eastern building frontage and add a 960 square foot covered walk and 1,128 square foot drive-through canopy in its place, and to create two interior garden atriums (1,728 and 2,720 square feet respectively). III. RELEVANT FACTS: The site is approximately 7.05-acres in area and can be identified specifically on Marion County Assessor's Maps as Township 5 South, Range 1 West, Section 08B, Tax Lot # 2800. The site is currently developed as a big box retail center (formerly K-Mart) with existing structures, off street parking and landscaping. The property is zoned Commercial General (CG) and designated Commercial on the Comprehensive Plan Map. Properties to the north, northeast and northwest are zoned Industrial Park (IP) and designated Industrial on the Comprehensive Plan Map. Properties located to the south (across Mt. Hood Avenue) are zoned CG and Single-Family Residential (RS) and designated Commercial and Residential Less Than 12 Units per Acre on the Comprehensive Plan Map. Properties to the east and west are zoned CG and designated Commercial on the Comprehensive Plan Map. The industrial properties to the north, northeast and northwest are used as a manufactured home storage site, truck chassis manufacturing facility and self- DR 05-01, VAR 05-05 Page 1 storage business respectively. Properties to the south (across Mt. Hood Avenue) are currently occupied by a house of worship and an integrated business center. The commercial properties to the east are developed as an implement rental service and a Washington Mutual Bank. The commercial properties to the west are vacant and the location of a Pizza Hut Restaurant. No significant wetlands are located on the subject property, and the site is located outside of the 500- year floodplain. Previous land use decisions exist for the site. On November 28, 1990, the Woodburn City Council approved Ordinance No. 2050 allowing a Comprehensive Plan Map Amendment and Zone Map Amendment from Industrial Park (IP) to Commercial General (CG) (Zone Map Amendment Case File No. 90-03, Comprehensive Map Amendment Case File No. 90-01) to allow for the development of a commercial retail center (Site Plan Review Case File No. 90- 10) on Parcel 2 resulting from Partition Case File No. 90-04. The existing structure on the subject site was constructed as Phase 1 of a 2-phase commercial retail development. Phase 2, a proposed row of retail shops abutting the west side of the Phase 1 structure, was never developed. IV. RELEVANT APPROVAL CRITERIA: Desian Review 05-01 : WOODBURN DEVELOPMENT ORDINANCE Section 2.106 Commercial General (CG) Section 3.101 Street Standards Section 3.102 Utilities and Easements Section 3.103 Setback, Open Space and Lot Standards, Generally Access Off Streets Parking and Loading Landscaping Standards Architectural Design Guidelines and Standards Signs Design Review for All Structures LESS THAN 1000 Sq. Ft. Section 3.104 Section 3.105 Section 3.106 Section 3.107 Section 3.110 Section 5.102.02 Variance 05-05: WOODBURN DEVELOPMENT ORDINANCE Section 5.103.11 Variance V. FINDINGS: Desian Review 05-01 : WOODBURN DEVELOPMENT ORDINANCE DR 05-01, V AR 05-05 Page 2 Section 2.106 Commercial General (CG) Section 2.106.01 Permitted Uses The following uses, when developed under the applicable development standards of the WDO, are permitted in the CG zone: M. Health Care and Social Services 1. Ambulatory health services (621) EXCEPT ambulance service. (62191) FINDING: The applicant has indicated that the structure will be used for ambulatory health services. Ambulatory health services are outright permitted in the CG zone. This approval criterion is met. 2.106.05 Dimensional Standards The following dimensional standards shall be the minimum requirements for all development in the CG zone. A. Lot Standards. Lots in a CG zone shall comply with the applicable standards of Table 2.1.10. TABLE 2.1.10 Lot Standards for Uses in a CG Zone In the CG zone the lot area for a non-residential use shall be adequate to contain all structures within the required setbacks. There shall be no minimum width or depth. FINDING: Compliance with setbacks and lot standards is addressed later in this report. B. Building Height. The maximum height of buildings shall not exceed 70 feet, EXCEPT chimneys, spires, domes, flag poles and other features not used for human habitation (EXCEPT telecommunication facilities), shall not exceed 100 feet. FINDING: According to the submitted elevation plan, the maximum height of the proposed parapet atop the existing structure is 29 feet, which meets the 70-foot maximum height allowed for buildings in the CG zone. This approval criterion is met. DR 05-01, VAR 05-05 Page 3 ~ C. Setback and Buffer Improvement Standards. 1. Front Yard Setback and Setback Abutting a Street: a. Dimensions: 1) The minimum setback abutting a street shall be 15 feet plus any Special Setback, Section 3.103.05. 2) The maximum yard abutting a street shall be 150 feet. FINDING: The subject property abuts Mt. Hood Avenue on its southern frontage. Mt. Hood Avenue is classified as a Major Arterial in the Woodburn Transportation System Plan (TSP). The special setback for a major arterial is 50 feet from the centerline of the street plus the required 15-foot setback adjacent to the street, which totals 65 feet from the centerline of Mt. Hood Avenue. The proposed addition to the fac;ade of the existing structure is located approximately 313 feet from centerline of Mt. Hood Avenue, which meets the 55-foot special setback from Mt. Hood Avenue. The depth of the existing yard abutting Mt. Hood Avenue is approximately 282 feet, which exceeds the 150-foot maximum yard depth for a yard abutting a street. The existing yard depth is nonconforming and subject to Section 1.104. Section 1.104.04.A states that "...Any expansion or addition to buildings or structures with nonconforming height, setback, density or lot coverage shall not make the development more nonconforming." The current proposal does not increase the depth of the yard abutting Mt. Hood Avenue and does not make the development more nonconforming. These criteria are met. b. Off Street Parking and Maneuvering: 1) Off street parking and storage shall be prohibited within a required front yard or special setback. 2) The distance between the sidewalk on a public street and a loading dock shall be sized to preclude vehicles using the dock from projecting over the sidewalk FINDING: The submitted site plan shows 43 existing parking spaces on the subject site located within the 65-foot special setback from the centerline of Mt. Hood Avenue. The applicant has submitted a variance request to allow the existing 43 parking spaces to be located within the 65-foot special setback from the centerline of Mt. Hood Avenue. This variance request is discussed later in this report. No parking spaces are located in the required 5-foot interior yard setbacks. The applicant is proposing to stripe 33 parking spaces and 4 loading stalls on the existing asp halted areas to the rear and sides of the existing DR 05-01, V AR 05-05 Page 4 structure that are not located in the required 5 foot interior yard setback or 65 foot special setback. c. Clear Vision Area: Fences, walls, landscaping and signs shall be subject to clear vision area standards, Section 3.103.10. FINDING: The submitted site plan does not show any of the above-mentioned items located in the 10-foot clear vision areas abutting the driveway entrance. This criterion is met. d. Vehicular Access. Permitted in conformance with Section 3.104. FINDING: Vehicular Access is discussed in Section 3.104 of this report. 2. Interior Side and Rear Yard Setbacks. a. Development in a CG zone shall be subject to the setback and buffer requirements of Table 2.1.11. (Table on following page) DR 05-01, VAR 05-05 Page 5 TABLE 2.1.11 Interior Yard and Buffer Standards for CG Zones Abutting Property Landscaping Wall Interior Setback RS, R1S, or RM There is no buffer Solid brick or 10 ft. zone yard landscaping architectural wall requirement for an with anti-graffiti interior yard surface, no less abutting a buffer than 6 feet or wall. greater than 7 feet in height. CO, CG, DOC, There is no buffer Alternative A: Alternative A: P/SP, IP or IL zone yard landscaping requirement for an Wall requirements 5 ft. interior yard shall be determined abutting a buffer in conjunction with wall. the applicable Design Review process. ------------------------- ------------------------- Alternative B: Alternative B: Zero setback abutting a building No wall required. wall. FINDING: The adjacent properties to the east and west are zoned Commercial General (CG) and the properties to the north are zoned Industrial Park (IP), requiring a 5-foot interior yard setback or O-foot setback abutting a building wall along the north, east and west property lines. The structure is located a minimum of 58 feet from the north property line, 53 feet from the east property line and 42 feet from the north property line. The proposed covered walkway and drive- through canopy on the eastern building fac;ade are located 53 feet and 82 feet from the east property line respectively. The structure has a O-foot setback where the exterior building wall is located along the central portion of the west property line. These setbacks meet the minimum required 5-foot interior yard setback and O-foot setback abutting a building wall along the north, east and west property lines. A wall is not necessary on the north, east and west property lines of the subject site because the abutting commercial and industrial uses are compatible with the proposed ambulatory health center. An existing chain link fence and proposed Roundleaf laurustinus (Viburnum tin us 'Robustum') hedge will abut the north property line. Roundleaf laurustinus grows to a height of 6 to 12 feet and will effectively obscure visibility of the site from the adjacent industrial uses to the north. A hedge of Green Island Holly (/lex crenata "Green Island") is proposed along the northeast property line. Green Island Holly grows to a height of 2 feet, which will not effectively screen the site from the adjacent industrial use to the DR 05-01, V AR 05-05 Page 6 northeast. As a condition of approval, the applicant shall submit a revised landscaping plan showing a Roundleaf laurustinus hedge along the northeast property line to screen the site from the abutting industrial use to the northeast. This criterion will be met. b. The minimum building setback from a private access easement shall be 5 feet. FINDING: No private access easements are shown on the submitted site plan. This approval criterion is met. c. Off street parking. Maneuvering and storage: Off street parking and storage shall be prohibited within a required setback. FINDING: The submitted site plan shows 43 existing parking spaces on the subject site located within the 65-foot special setback from the centerline of Mt. Hood Avenue. The applicant has submitted a variance request to allow the existing 43 parking spaces to be located within the 65-foot special setback from the centerline of Mt. Hood Avenue. This variance request is discussed later in this report. Section 2.106.06 Development Standards All development in the CG zone shall comply with the applicable provisions of the WDO. The following standards specifically apply to uses in the CG zone. A. Off Street Parking. Off street parking shall be subject to the standards of Section 2.106.05 and Section 3.105. FINDING: Compliance with off street parking requirements is discussed in Section 3.105 of this report. B. Setbacks and Lots, Generally. Setbacks and lots shall be subject to Section 3.103. FINDING: Compliance with Section 3.103 is discussed later in this report. C. Architectural Design Guidelines. DR 05-01, VAR 05-05 Page 7 1. All primary buildings and structures, EXCEPT those described in Section 2. 106.05.C. 1 , shall be subject to the architectural guidelines of Section 3.107.06. FINDING: Compliance with architectural design guidelines is discussed later in this report. E. Landscaping and Sidewalks. 1. The street frontage of a subject property shall be improved with either property line sidewalks and street trees or curb line sidewalks. The improvement shall be determined at the time of subdivision, PUD or design review as applicable. Sidewalks and trees shall be installed by the property owner to the standards of Section 3.101 and 3.106. 2. The subject property shall be landscaped to the standards of Section 3.106. FINDING: Compliance with Section 3.101 and Section 3.106 is discussed later in this report. 3. Common refuse collection facilities shall be screened on all sides by an architectural block wall and solid gate, both with an anti-graffiti surface, a minimum of six feet and a maximum of seven feet in height. FINDING: The submitted site plan shows the proposed common refuse collection facility in the northwest corner of the site to be surrounded by a 6-foot 1 O-inch tall combination scored and split-face CMU block wall with a slatted chain link gate, which does not meet the requirement for a common refuse collection facility with a solid metal gate. As a condition of approval, the applicant shall submit a revised elevation of the proposed trash enclosure showing a solid metal gate prior to building permit issuance. This criterion will be met. F. Property Disposition. All uses shall be established and conducted on lots of record, as defined by Section 1.102 and developed to the public facility and access standards of Sections 3.101,3.102 and 3.104. FINDING: The proposed development will take place on a legal lot of record located at 1475 Mt. Hood Avenue in Woodburn. The property can be identified specifically on Marion County Assessor's Maps as Township 5 South, Range 1 West, Section 08B, Tax Lot # 2800. This approval criterion is met. DR 05-01, V AR 05-05 Page 8 Section 3.101 Street Standards Section 3.101.02 General Provisions A. The access or driveway, for each lot shall be connected to the existing public street system in compliance with Section 3.104. FINDING: Compliance with Section 3.104 is discussed later in this report. B. No access permit shall be issued unless the internal street(s), boundary street(s) and abutting street(s) are constructed pursuant to Section 3.101.02.C, UNLESS or until the applicant has obtained an exception as provided in this section. FINDING: Mt. Hood Avenue is a State Highway under the jurisdiction of the Oregon Department of Transportation (ODOT), and a referral has been sent to ODOT regarding this proposal. ODOrs Region 2 Representative has indicated that ". ..based on the plans available, [ODOT has] determined that no amended approach permit is necessary for the existing signalized intersection..." This criterion is met. Section 3.102 Utilities and Easements Section 3.102.01 Water, Sanitary Sewer and Storm Drainage Facilities Municipal water, sanitary sewer and storm drainage facilities shall be installed to applicable Public Works Department and state standards. FINDING: According to Public Works Department comments, water service is currently being provided by an existing City maintained water main traversing through the site. Waste water service is provided by the existing private sanitary sewer main extended through the site and connected to the existing public sanitary sewer at Mt Hood Avenue. A grease trap will be required to be installed on the sanitary service, either as a central unit or in each kitchen or food preparation area. Storm water runoff from the site is currently being provided from the on-site private system, discharging to a city maintained system on Progress Way. Any additional required public municipal water, sanitary sewer and storm infrastructure will be subject to the requirements of the Public Works Department and the WDO. These requirements will be met. Section 3.102.04 Easements A. Municipal Infrastructure Easements. The Public Works Department shall require dedication of specific easements for the construction and maintenance of municipal water, DR 05-01, VAR 05-05 Page 9 sewerage and storm drainage facilities located on private property. Easements shall be required in accordance with the Public Works Department standards. FINDING: According to Public Works Department comments, the existing fire hydrant identified on the utility plan to be relocated shall require a utility easement to be provided to the City for the relocated hydrant if it is not relocated within the existing easement currently conveyed to the City. Any additional required municipal infrastructure easement dedications required by future development will be subject to the requirements of the Public Works Department and the WDO. B. Public Utility Easements (PUE). Five foot wide public utility easements (Le., easements for natural gas lines and for electric and telecommunications wire or cable service) shall be dedicated along each lot line abutting a public street. At the time of tentative approval, utilities may request dedication of a public utility easement within a reciprocal access easement or centered along specified rear lot line in those zones where zero setback is not permitted. FINDING: Any required public municipal water, sanitary sewer and storm drainage utility easement dedications required by future development will be subject to the requirements of the Public Works Department and the WDO. c. Creeks and Watercourse Maintenance Easements. FINDING: There are no creeks or watercourses on the subject property for which maintenance easements will be required. This approval criterion is met. Section 3.103 Setbacks, Open Space and Lot Standards, Generally Section 3.103.03 Setbacks, Setback Area and Required Open Space, Generally. B. Setbacks to be Unobstructed. A setback is the minimum required yard between a structure and a lot line, whether or not additional open space is actually provided between the structure and the lot line. Every setback area shall be open and unobstructed by buildings or structures from the ground to the sky EXCEPT as may otherwise be permitted in this Section and Sections 2.201 and 2.202, Accessory Uses and Structures. DR 05-01, VAR 05-05 Page 1 0 FINDING: The abutting properties to the north, east and west are zoned Industrial Park (IP) and Commercial General (CG), requiring a 5-foot interior yard setback or O-foot setback abutting a building wall according to Table 2.1.11. The existing structure is located a minimum of 58 feet from the north property line, 53 feet from the east property line and 42 feet from the northwestern property line. The proposed covered walkway and drive-through canopy on the eastern building fa<;ade are located 53 feet and 82 feet from the east property line respectively. The structure has a O-foot setback where the exterior building wall is located along the central portion of the west property line. These setbacks meet the minimum required 5-foot interior yard setback and O-foot setback abutting a building wall along the north, east and west property lines. This criterion is met. Section 3.103.05 Special Street Setbacks B. Setback Requirements. Required setbacks adjacent to a street shall be in addition to the special setbacks required in this Section. The special setback distances shall be measured at right angles to the center line of the original street right of way. C. Special Provisions. Buildings, structures and paved surfaces shall not be located within the special setbacks EXCEPT as specifically provided for in the WDO. Any portion of a building or structure lawfully established within a special street setback prior to date of WDO shall be considered a nonconforming structure. D. Special Setback Standards. Special setback standards by street classification are established in Table 3.1.1. The special setback standards shall be applied to streets within the City of Woodburn as functionally classified in the Woodburn Transportation System Plan. (Table on following page) DR 05-01, V AR 05-05 Page 11 ~ TABLE 3.1.1 Special Setback Standards by Street Classification WTSP Functional Classification Special Setback from Center Line Major Arterial 50 feet Minor Arterial 37 feet Service Collector 37 feet Access Street with Parking or Golf Carts 35 feet Access Street with Bike Lanes 30 feet FINDING: The project site abuts Mt. Hood Avenue, classified as Major Arterial in the Woodburn Transportation System Plan (TSP), on its southern frontage. The required front yard setback for the subject site is a total of 65 feet (50 foot special setback plus 15 foot front yard setback) from the centerline of Mt. Hood Avenue. The proposed addition to the fac;ade of the existing structure is located approximately 323 feet from the centerline of Mt. Hood Avenue, which meets the 65-foot combined front yard and special setback for a structure abutting a Major Arterial in the CG zone. This criterion is met. Section 3.103.06. No Parking or Storage in Setbacks Adjacent to a Street Parking and storage shall be prohibited within a required setback adjacent to a street, EXCEPT for parking in driveways. FINDING: The submitted site plan shows 43 existing parking spaces on the subject site located within the 65-foot special setback from the centerline of Mt. Hood Avenue. The applicant has submitted a variance request to allow the existing 43 parking spaces to be located within the 65-foot special setback from the centerline of Mt. Hood Avenue. This variance request is discussed later in this report. Section 3.103.10 Vision Clearance Area A. Generally. A vision clearance area is an area at the intersection of two streets, a street and a driveway or a street and an alley in which visual obstructions are limited for safety purposes. B. Street-Driveway Intersection. A vision clearance area at the intersection of a street and a driveway shall be the area delineated as follows: 1. A line extending ten feet from the intersection along the street right of way. DR 05-01, V AR 05-05 Page 12 2. A line extending ten feet from the intersection along the side of the driveway. 3. A third line that creates a triangular vision clearance area by connecting the ends of the lines described in Section. 3.103.10.8.1. and 2. E. Prohibited Development. A vision clearance area shall contain no plants, fence, wall, structure, or temporary or permanent obstruction exceeding 30 inches in height [measured from the top of the curb or, where no curb exists, from the established street centerline grade], EXCEPT as follows: 1. Trees, provided branches and foliage are removed to a height of 7 feet above grade; 2. Telephone, power and cable television poles; 3. Telephone and utility boxes less than ten inches at the widest dimension; and 4. Traffic control signs and devices. FINDING: The submitted site plan does not show any of the above-mentioned items located in the 10-foot clear vision areas abutting the driveway entrance. This criterion is met. Section 3.104. Access Section 3.104.01 Applicability A. Street Access Required. 1. Every lot shall have direct access to an abutting public street or to a public street by an irrevocable access easement. FINDING: The subject property has existing access onto Mt. Hood Avenue via a 42-foot wide 2-way signalized driveway entrance. The site also has existing access to Progress Way to the west via a reciprocal access agreement with the property to the west. This criterion is met. B. Access to City Streets, Permit Required. DR 05-01, VAR 05-05 Page 13 T 2. A Traffic Impact Analysis (TIA) may be required by the Public Works Director prior to the approval of a City access or street construction permit when the Director estimates a development proposal may generate either 100 or more additional, peak hour trips, or 1,000 or more additional daily trips, within ten years of a development application. A TIA shall evaluate the traffic impacts projected of a development proposal and the estimated effectiveness of potential traffic impact mitigation measures. The methodology for a TIA shall be consistent with Public Works Department guidelines. FINDING: The Woodburn Transportation Manager indicated that the proposal would not require a TIA because the proposed development is not anticipated to generate 100 or more additional, peak hour trips, or 1,000 or more additional daily trips, within ten years of the development application. This approval criterion is met. 3. Administration of City access permit standards and guidelines b. Type II and III Applications. Development subject to one of the following Type II and III applications: 1) Type II Design Review, Section 5.102.02; shall be subject to the access standards and guidelines specified in this Section EXCEPT when the subject property is bound by the requirements of a precedent land use decision that has not been modified by a subsequent land use decision. FINDING: The current proposal is subject to administrative (Type II) Design Review and will be required to meet the requirements of Section 3.104. Section 3.104.02 Dimensions Driveway and Drive-Through Measurements and A. Driveways Crossing a Setback. The portion of a driveway crossing a setback shall be perpendicular to the setback lines. FINDING: The proposed site plan shows the driveways crossing a setback to be perpendicular to those setbacks. This approval criterion is met. B. Driveway Width. DR 05-01, VAR 05-05 Page 14 Driveway width shall be determined by measurement at the property line. C. Drive-Through Dimensions and Configuration. 1. Minimum Lane Width. 12 feet. 2. Minimum Lane Length. 50 feet, unobstructed by lateral vehicular access. Precluded lateral vehicular access shall include the access/maneuvering area for off street parking and overlap onto public street right of way. The unobstructed length shall be measured from the drive up window or stop line, whichever is greater. 3. Turn Radius. 25 feet. 4. By-Pass Lane. A development providing a drive-through for passenger loading and/or unloading or for drive-up services shall include a by-pass lane to a site exist. FINDING: The applicant proposes to remove the existing 3,565 square foot Garden Shop on the eastern building frontage and add a 960 square foot covered walk and 1,128 square foot Urgent Care drive-through canopy in its place. The submitted site plan shows a 22-foot wide driveway beneath the canopy with a minimum lane length of 50 feet unobstructed by lateral vehicle access. This does not meet the standard for a 12-foot wide drive-through lane and 12-foot bypass lane (24-foot combined width). As a condition of approval, the applicant shall submit a revised site plan demonstrating compliance with the drive-through and bypass lane width requirements pertaining to the proposed Urgent Care patient drop-off area prior to issuance of a building permit. This criterion will be met. Section 3.104.03 Driveway Access Guidelines, Type II and III Applications A. Guidelines for the Number and Location of Driveways, Type II and Type III Applications. 2. Joint/Shared Access. c. Medium density residential, commercial, industrial uses and other development subject to Type II or III Design Review located on the same lot, or on abutting lots, that abut a Major Arterial, Minor Arterial, or Service Collector should be designed to share access to those major streets.. . DR 05-01, VAR 05-05 Page 15 d. Shared/Joint Access Agreements. Shared and/or joint access agreements serving properties under separate ownership shall be subject to legal documentation, to the satisfaction of the City Attorney, establishing permanent use of the access. The agreement shall be recorded with the County Recorder and filed with the Community Development Director. 3. Cross Connections. b. Similar, and/or compatible, uses on abutting lots should have interconnected on-site access and parking facilities. Such shared facilities serving properties under separate ownership shall be subject to legal documentation, to the satisfaction of the City Attorney, establishing permanent use of the access. The agreement shall be recorded with the County Recorder and filed with the Community Development Director. FINDING: The property abuts Mt. Hood Avenue to the south. Mt. Hood Avenue is classified as a Major Arterial on the Woodburn Transportation System Plan (TSP). Commercial uses abut the subject property to the west (a Pizza Hut restaurant, bank and undeveloped parcel zoned CG) and east (a bank and undeveloped parcel zoned CG). The Woodburn Transportation System Plan (TSP) provides access management policies and guidelines for Highways 214, 219 and 99E that are implemented by Section 3.104.03 of the WDO. As a means of controlling vehicle access to accommodate future traffic volumes on Highway 214 and Highways 219 and 99E, Section 9.4.2 of the TSP states that, ".. .From an operational perspective, the City of Woodburn and ODOT could (where appropriate) consider.. . purchasing right -of-way and closing driveways... [and/or].. .installing median barriers and driveway access controls..." Section 9.4.2 continues, "Crossover easements should be provided on all compatible parcels (topography, access and land use) to facilitate future access between adjoining parcels..." The subject property and the abutting parcels to the east and west are relatively flat and devoid of significant topographical features. The subject property and the abutting parcels to the east and west also have existing access onto Mt. Hood Ave. The proposed use of the subject property as an ambulatory health center is similar to existing uses on abutting properties to the east and west. Accordingly, the provision for providing a driveway cross-connection applies to the subject parcel and the abutting parcels to the east and west. In implementing the policies of the TSP, the WDO provides that commercial uses on adjoining properties abutting a major arterial should share driveway accesses to the major arterial. The subject property has existing access onto Mt. Hood DR 05-01, VAR 05-05 Page 16 ~ Avenue via a 42-foot wide 2-way signalized driveway entrance. The abutting parcels to the east and west have accesses to Mt. Hood Ave. The subject property has a shared access agreement with the property to the west. The property owner intends to modify the provisions of this shared access easement in conjunction with this proposal. A draft of the modification has been provided to staff. The modification continues to provide shared access, cross-connections and parking between the subject parcel and the parcel to the west. Therefore, the above provisions are satisfied relative to the abutting property to the west. Concerning the abutting properties to the east, a condition of approval of the original development of the subject property (as K-Mart under Site Plan Review Case File No. 90-10) required a driveway cross-connection on the east edge of the property. That connection was not constructed because the owner was unable to reach an agreement with the property to the east. The property to the east was partitioned on November 17, 2004, Partition Case File No. 04-05. In the partition approval, the Community Development Director required a 25-foot wide easement running east/west along the boundary created by the partition from the partition plat's driveway west to the subject property's boundary line to provide for future connection of the accesses. The applicant has not provided a shared access agreement between the subject property and the properties to the east. This criterion can be satisfied by a condition of approval. The WDO also provides that abutting lots should have interconnected on-site access and parking facilities. This provision applies when abutting uses are either similar or compatible. The subject property is zoned CG, as are the abutting properties to the east and west. Similar uses are listed as outright permitted uses in the CG zone. The proposed use on the subject property, an ambulatory health center, is a permitted use in the CG zone. The abutting property to the west contains a Pizza Hut restaurant and a vacant commercial site. The abutting property to the east contains a bank fronting Mt. Hood Avenue and a vacant commercial site. These uses are similar to the proposed use on the subject site. Consequently, the provision for interconnected on-site access and parking facilities applies to the subject parcel and the abutting parcels to the west and east. The subject site has access to Mt. Hood Avenue via a signalized driveway entrance and the abutting properties to the east and west have access onto Mt. Hood Avenue via un-signalized driveway entrances. As mentioned previously, the subject property has existing driveway cross-connections via a shared access agreement with the property to the west. As traffic volumes on Mt. Hood Avenue increase and access management measures are implemented, driveway cross-connections between the subject property and abutting properties to the east and west will form a critical link between the abutting properties and the signalized driveway entrance on the subject site. The ability of the City to successfully employ access management to accommodate future traffic volumes along Highway 214 in accordance with Section 9.4.2 of the TSP as implemented DR 05-01, V AR 05-05 Page 17 ~ by Section 3.14.03.3 of the WDO requires the establishment of a driveway cross-connection between the subject property and the commercial properties to the east. Establishment of a driveway cross-connection on the eastern margin of the subject property in alignment with the 25-foot wide access easement provided across the properties to the east in Partition Case File No. 04-05 would provide the necessary vehicle cross-connection between the subject property and the properties to the east. The site plan does not show interconnected on-site access to the property to the east nor has the applicant provided documents to demonstrate the access and parking will be interconnected with the property to the east. This criterion can be satisfied by a condition of approval. The applicant provided written testimony asserting that the establishment of a cross-connection between the subject property and the properties to the east will be detrimental to vehicular safety on the subject site. The applicant states that ambulances will also be transporting patients to the proposed Urgent Care facility. The applicant identified the 90-degree driveway turn at the southeast corner of the ambulatory health center as the location of the proposed cross- connection and as a site where the potential for collision between vehicles accessing the site from the "retail and restaurant" uses to the east and vehicles accessing the Urgent Care facility from Highway 214 is "extremely high." The property abutting the subject site to the east (north of the existing Washington Mutual Bank) is currently vacant and no development is proposed at this time. Therefore, the establishment of a driveway cross-connection between the subject property and the properties to the east will have no immediate impact on vehicular safety on the subject property. An ambulance service, a Conditional Use in the CG zone, is not proposed in conjunction with this proposal. Further, it is the policy of ambulance services to deliver patients to full service emergency rooms rather than providing transportation to local Urgent Care facilities. Consequently, ambulance services arriving at the proposed Urgent Care facility will be providing non-emergency patient transportation services. It is expected that future vehicular traffic accessing the site from the property to the east will have a negligible impact on traffic generated by the proposed development. In addition, the 25-foot wide cross-access easement provided in Partition Case File No. 04-05 is located approximately 55 feet south of the proposed east/west drive aisle abutting the south side of the proposed ambulatory health center. Thus, the driveway cross-connection will have a 55-foot offset from the east/west drive aisle abutting the south side of the ambulatory health center. This 55-foot offset will reduce the speed of future vehicular traffic using the cross-connection, thereby reducing the potential for collisions between vehicles accessing the site from the east and vehicles accessing the site from Highway 214. The cross- connection will allow users of the subject site to access businesses on adjacent properties without using Highway 214 where traffic volumes, congestion, rates of speed and the risk of collision are greater than in an off street parking area. The DR 05-01, VAR 05-05 Page 18 applicant can further reduce traffic collision potential within the off street parking area by installing traffic calming devices. The Woodburn Fire District and Oregon Department of Transportation state that they support the creation of a driveway cross-connection between the subject property and the properties to the east in conjunction with this proposal. Development of this cross-connection will require the elimination of several off street parking spaces. These displaced parking spaces can be relocated and provided elsewhere on the subject site. As a condition of approval, the applicant shall submit a revised site plan showing a driveway cross-connection with the properties to the east aligned with the 25-foot wide driveway cross-access easement provided in Partition Case File No. 04-05. Any parking spaces eliminated by creation of the cross-connection shall be replaced on-site. The shared and/or joint access agreement shall be subject to legal documentation, to the satisfaction of the City Attorney, establishing permanent use of the access prior to building permit issuance. The agreement shall be recorded with the County Recorder and filed with the Community Development Director. B. Driveway Spacing Guidelines, Type II and III Applications. The minimum separation of a driveway from: a) the special setback of a parallel major street, b) the right of way of a parallel local street, or c) from another driveway should be as follows. 1. Major Arterial Street: 300 feet; EXCEPT where pre-existing conditions preclude such separation the separation should be maximized. FINDING: Site access onto Mt. Hood Avenue is existing and no new accesses onto a public street are proposed. The driveway access onto Mt. Hood Avenue is located approximately 378 feet from the nearest driveway entrance to the east and approximately 525 feet from the nearest driveway entrance to the west, which meets the 300-foot minimum separation for driveway entrances accessing a Major Arterial. This criterion is met. Section 3.104.05 Driveway Dimension and Improvement Standards, Type I, II and III Applications. E. Commercial and Industrial Use. 1. Paved Two-way Driveway Width. b. With a turn lane: Throat width 36 feet minimum, 40 feet maximum. ("No Parking" restrictions shall be posted by the owner.) DR 05-01, VAR 05-05 Page 19 ~ FINDING: The submitted site plan shows the existing 42-foot wide driveway access onto Mt. Hood Avenue incorporating a turn lane. Mt. Hood Avenue is a state highway under the jurisdiction of the Oregon Department of Transportation (ODOT). Thus, a City access permit is not required and the City's access standards are not applicable to the existing driveway access. A referral has been sent to ODOT regarding this proposal. ODOT's Region 2 Representative commented that "...based on the plans available, [ODOT has] determined that no amended approach permit is necessary for the existing signalized intersection..." 4. Throat length of a driveway, extending from the closest off street parking or loading space to the outside edge of right of way for a: b. Major street connection: 50 feet minimum, with greater improvement as may be required by a TIA. FINDING: The site plan shows off street parking located outside the 50-foot throat depth within the existing driveway access onto Mt. Hood Avenue. This criterion is met. Section 3.105 Off Street Parking and Loading Section 3.105.01 Applicability The provisions of this Section shall apply to the following types of development: B. Expansion or Change of Use. Any additional parking and/or loading required by the WDO to accommodate a change in use, or expansion of an existing use shall be subject to the following. 2. Applications subject to Type II Design Review, Section 5.102.02, where the change or expansion increases the required area for parking, loading or landscaping by 25 percent or more, shall conform to all parking, loading and landscaping to the standards of the WDO. Parking, loading and landscaping required for changes or expansion of less than 25 percent shall be limited to those necessary to conform with the increment of change or expansion. FINDING: The applicant proposes to reduce the floor area of the existing structure by approximately 9% and the parking ratio for both the prior (retail sales) and proposed (ambulatory health services) site uses is the same (1 parking space per 250 square feet of gross floor area [sfgfa]). Because the DR 05-01, VAR 05-05 Page 20 change in use does not increase the required number of parking spaces, improvements to parking and loading shall be limited to those necessary to conform with the increment of change. The applicant proposes to upgrade landscaping in buffer yards in the southern, eastern and northern portions of the site. Compliance with landscaping standards is discussed later in this report. Section 3.105.02 General Provisions for Off Street Parking and Loading E. Off Street Vehicle Parking Requirements. 1. Off street vehicle parking spaces shall be provided in amounts not less than those set forth in Table 3.1.2. FINDING: The proposed ambulatory health center will require 338 parking spaces: 1 space per 250 square feet of gross floor area (84,607 sfgfa) for ambulatory health services. The submitted site plan shows a total of 338 spaces provided. This criterion is met. 3. The number of disabled person vehicle parking spaces shall be provided to the standards of the state Building Code and applicable federal standards. The number of disabled person vehicle parking spaces shall be included as part of total required vehicle parking spaces. FINDING: Eight disabled person vehicle parking spaces are required per the Uniform Building Code for a parking lot containing 300 through 400 spaces. The applicant is proposing nine disabled vehicle parking spaces to meet this requirement. G. Off Street Loading Requirements. 1. Off street loading spaces shall comply with the dimensional standards and amounts not less than those set forth in Table 3.1.3. 2. The off street loading facilities shall be on the same lot, or site, as the use or structure they are intended to serve. Required loading spaces and required parking spaces shall be separate and distinct. FINDING: The 84,607 square foot building is required to have four loading spaces with a minimum 12-foot width, 30-foot depth and unobstructed vertical clearance of 14 feet. The submitted site plan shows four separate and distinct loading spaces and one passenger loading area. A 17-foot wide, 30-foot long loading space abuts the north side of the building. A 12-foot wide, 30-foot long loading space abuts the west side of the building. Two 12-foot wide, 30-foot long DR 05-01, VAR 05-05 Page 21 loading spaces abut the truck docks located at the northeast corner of the building. A curved passenger loading area a maximum 20 feet wide and 130 feet long abuts the building to the south. The proposed loading spaces meet the 12- foot width and 30-foot length standards of Table 3.1.3. The submitted site plan shows bicycle racks located in the loading zone abutting the north side of the structure. As a condition of approval, the applicant shall submit a revised site plan showing bicycle racks relocated from the loading zone abutting the north side of the structure to within 50 feet of the main entrance on the south side of the existing building prior to building permit issuance. This criterion will be met. H. On-site Vehicle Parking and Loading Area Improvement Requirements. 3. Bumper Guards and Wheel Barriers. All vehicle parking spaces, EXCEPT those for single family and duplex dwellings, shall be constructed with bumper guards or wheel barriers that prevent vehicles from damaging structures or projecting over walkways, access ways or abutting property or rights of way. FINDING: The submitted site plan shows the 41 spaces abutting the proposed structure to be constructed with wheel barriers to prevent vehicles from damaging the structure or projecting over a walkway. This criterion is met. 4. Size of Vehicular Parking Spaces and Maneuvering Areas within Off Street Parking Areas. a. Off street vehicle parking spaces and maneuvering areas, EXCEPT those for single family and duplex dwellings and those for disabled persons, within off street parking areas shall be designed in compliance with Table 3.1.4. Three or more off street parking spaces provided subject to Table 3.1.4 shall be designed so that no backing or maneuvering within a public street right of way is required. FINDING: The applicant proposes to relocate the 32 off street parking spaces on the north side of the structure to face toward the south and directly abut the structure. In addition, the submitted site plan shows the 9 disabled person parking spaces to be added as new spaces abutting the structure to the east and southwest. The disabled parking spaces are not subject to Table 3.1.4. The 32 realigned spaces to the north of the structure are standard parking spaces designed at a 90-degree angle with a minimum stall width of 9-feet, stall depth of 19 feet, and 2-way aisle width of 24 feet. These proposed dimensions meet the 9-foot stall width, 19-foot stall depth, and 24-foot 2-way aisle width requirements in Table 3.1.4. This approval criterion is met. DR 05-01, VAR 05-05 Page 22 - b. Off street parking for disabled persons shall be designed to the standards of the state Building Code and applicable federal standards. FINDING: The applicant is proposing 9 disabled person parking spaces. Compliance with the State and Federal design standards will be reviewed when the building permit is submitted. This criterion will be met. 5. Directional Marking. EXCEPT for vehicle parking areas for single family and duplex dwellings, off street parking and maneuvering areas shall have directional markings and signs to control vehicle movement. FINDING: The submitted site plan shows 1-way and 2-way arrows on the pavement surface at the entrance and exit of 1-way and 2-way drive aisles. This criterion is met. 6. Space Marking. EXCEPT for vehicle parking areas for single family and duplex dwellings, off street parking spaces shall be delineated by double parallel lines on each side of a space. The total width of the lines shall delineate a separation of 2 feet. FINDING: The submitted site plan indicates that all off street parking spaces will be re-striped with double parallel lines 2 feet in width that delineate each space. This approval criterion has been met. 8. Outdoor Lighting. EXCEPT for vehicle parking areas for single family and duplex dwellings, all outdoor lighting shall be designed so as not to shine or reflect into any adjacent residentially zoned or used property, and shall not cast a glare onto moving vehicles on any public street. FINDING: The submitted lighting plan shows outdoor lighting designed so as not to shine or reflect into the residentially zoned properties to the south and not to cast a glare onto moving vehicles on any public street. This approval criterion is met. 9. Landscaping. EXCEPT for vehicle parking spaces for single family and duplex dwellings, all parking areas shall be landscaped to the standards of Section 3.106. FINDING: The applicant proposes to upgrade landscaping throughout the entire site. Compliance with landscaping requirements is discussed in Section 3.106 of this report. DR 05-01, VAR 05-05 Page 23 10. On-site Bicycle Parking Requirements. All uses required to provide 10 or more off street parking spaces shall provide a bicycle rack within 50 feet of the main entrance. The number of required rack spaces shall be one plus one per ten vehicle parking spaces, with a maximum of 20 rack spaces. FINDING: The required off street parking for the site is 338 parking spaces, requiring 35, or a maximum of 20, bicycle rack spaces within 50 feet of the main entrance. The submitted site plan shows bicycle racks located with 50 feet of the primary and secondary pedestrian entrances. The applicant states that 20 bicycle parking spaces will be provided on the subject site. The submitted site plan shows bicycle racks located in the loading zone abutting the north side of the structure. As a condition of approval, the applicant shall submit a revised site plan showing bicycle racks relocated from the loading zone abutting the north side of the structure to within 50 feet of the main entrance on the south side of the existing building prior to building permit issuance. This criterion will be met. Section 3.106 Landscaping Standards Section 3.106.01 Applicability The provisions of this section shall apply: B. To the site area of the development, where the cumulative effect of additions to structures and/or parking areas increases the total area covered by structure and parking by 50 percent or more than existed at the date of the WDO adoption. FINDING: The cumulative effect of the addition of 9 off street parking spaces and minor structural alterations does not increase the total area covered by building and parking by 50 percent. The applicant is proposing to upgrade landscaping for much of the site, which requires compliance with the requirements of Section 3.106 where new landscaping is proposed. Section 3.106.02 General Requirements A. Landscaping and Irrigation Plans Required. Building plans for all uses subject to landscaping requirements shall be accompanied by landscaping and irrigation plans to City standards. FINDING: The applicant has submitted a landscaping plan and as-built irrigation plan detailing irrigation for the southern portion of the site in conjunction with this proposal. A condition of approval requires the applicant to submit a final irrigation DR 05-01, VAR 05-05 Page 24 plan showing irrigation for proposed landscaping elements abutting the north and northeast property lines to be reviewed and approved by the Community Development Department prior to issuance of the building permit. B. Irrigation. All required landscaped areas shall be permanently irrigated unless a planting plan without irrigation is submitted by a licensed landscape architect or a licensed nursery person demonstrating that the proposed landscaping will thrive without irrigation. FINDING: The applicant is proposing to irrigate the new landscaping. A condition of approval requires the applicant to submit a final irrigation plan showing irrigation for proposed landscaping elements abutting the north and northeast property lines to be reviewed and approved by the Community Development Department prior to issuance of the building permit. E. Maintenance. The property owner shall be responsible for maintaining all landscaping in good condition so as to present a healthy and orderly appearance. Unhealthy and dead plants shall be removed and replaced in conformance with the original landscape plan. FINDING: This requirement is a condition of approval for all landscaping located on the subject site. Section 3.106.03 Landscaping Standards A. Streetscape. 1. Street Trees. Within the public street right of way abutting a development, or within an ally right of way in the DDC zone, street trees shall be planted to City standards prior to occupancy. a. Acceptable Types of Trees. See Section 6.103 for a description of acceptable and unacceptable trees for this purpose, classified by size and species. b. Tree Density. Trees shall be planted to the following intervals within the right of way, subject to Clear Vision Area standards, Section 3.103.10 and Section 6.103: 1) Four (4) small trees per 100 feet of street frontage; DR 05-01, VAR 05-05 Page 25 2) Three (3) medium trees per 100 feet of street frontage; or 3) Two (2) large trees per 100 feet of street frontage. FINDING: The subject site has 537 feet of frontage abutting Mt Hood Avenue and currently incorporates 10 Red Maples (Acer rubrum), classified as a "large tree" according to Section 6.103. This meets the requirement for 2 large trees per 100 feet of street frontage. The applicant proposes to use the existing street trees to fulfill the above requirement. This criterion is met. 2. Front Yard and Yard Abutting a Street. b. Landscaping Design and Density in CO and CG zones. 1) All yards abutting a street, including off street parking and circulation areas shall be landscaped to a density of one (1) plant unit (PU) per 20 sq. ft. FINDING: The submitted landscaping plan shows the yard abutting Mt. Hood Avenue to be landscaped at densities ranging between1.64 and 1.8 PU/20 sq. ft. This criterion is met. 2) All parking areas abutting a street shall provide a 42 inch vertical visual screen from the abutting street grade. Acceptable design techniques to provide the screening include plant materials; berms; freestanding, architectural walls with anti-graffiti finish, depressed grade for the parking area. All screening shall comply with the clear vision standards, Section 3.103.10. FINDING: The existing landscape strip abutting Mt. Hood Avenue along the south property line incorporates a 24-inch high berm feature. The submitted landscaping plan shows a hedge of Green Island Holly (flex crenata "Green Island") to be planted atop the existing 24-inch berm. Green Island Holly grows to a height of 2 feet (24-inches) and is classified as a "small" or "medium" shrub according Table 3.1.5. The combined 48-inch screen height (24-inch berm and 24-inch hedge) meets the requirement for a 42-inch vertical screen between Mt. Hood Avenue and the off street parking area located on the subject property. This criterion is met. B. Buffer Yards. All buffer yards shall be landscaped at the rate of one (1) plant unit PU per 20 sq. ft. EXCEPT for interior buffer yards abutting a wall DR 05-01, VAR 05-05 Page 26 which are paved and which may be used for parking or site access and vehicular circulation. FINDING: The applicant proposes to upgrade landscape elements in the north, northeast, east, south and southwest buffer yards. According to the submitted landscaping plan, planting densities in these buffer yards range between 1.21 PU/20 sq. ft. and 1.41 PU/20 sq. ft. This criterion is met. C. Off Street Parking Areas. 1. All unpaved land within the off street parking area, and within 20 feet of the paved edge of off street parking and/or circulation improvements, shall be landscaped in the following proportions: a. RM, CO and CG zones: Landscaped area(s) equivalent to 20% of the paved surface area for off street parking and circulation. FINDING: According to the submitted landscaping plan, the existing and proposed landscaping will cover an equivalent of 24.6% of all paved areas. This approval criterion is met. 2. The density of landscaping required in and adjacent to off street parking and circulation facilities, EXCLUDING required trees, shall be one (1) plant unit per 20 square feet. FINDING: The submitted landscaping plan shows yards to be landscaped at densities ranging between 1.07 PU/20 square feet and 4.9 PU/20 square feet excluding required trees where landscaping is proposed abutting off street parking and circulation facilities to the north, south and east of the existing structure. This criterion is met. 3. Trees, Section 6.103, shall be planted within and abutting off street parking facilities in a pattern that is in roughly proportion to the distribution of the parking spaces, at the following densities: a. 1 small tree per 5 parking spaces; b. 1 medium tree per 10 parking spaces; or c. 1 large tree per 14 parking spaces. FINDING: Required parking for the site is 338 spaces, necessitating the planting of 68 small trees, 34 medium trees, 24 large trees, or some combination thereof. DR 05-01, VAR 05-05 Page 27 The applicant proposes to plant 46 large trees abutting the off street parking area including 30 Village Green Zelkova (Zelkova serrata 'Village Green') and 16 True Shade Honeylocust (Gleditsia triacanthos 'True Shade') abutting off street parking and circulation areas to meet the requirement of 1 large tree per 14 parking spaces. In addition, 16 existing Sycamore Maples (Acer platanoides), classified as a large tree in Section 6.103, will be retained on the property abutting off street parking to the south, southwest and east. This criterion is met. 3.106.05 Planting Standards A. Distribution of Plant Materials. The required number of plant units shall be met by a combination of plant materials listed in Table 3.1.5, so that eighty (80) percent of the area to be landscaped is covered within three years. Required plant units need not be allocated uniformly through out specified landscaping areas, but may be grouped for visual effect. FINDING: A condition of approval is that all shrubs and ground cover shall be of a size upon installation so as to attain 80% of ground coverage within 3 years. B. Ground Cover. Landscaped areas that are not covered by plant materials shall be covered by a layer of bark mulch or decorative rock, EXCLUDING ordinary crushed gravel, a minimum of 2 inches in depth. FINDING: The applicant has indicated that all landscape areas not covered by plant materials will be covered by a 2-inch layer of bark mulch. This criterion is met. C. Curbs. A six-inch concrete curb shall be provided between a landscaped area and a parking area or access way. FINDING: The submitted site plan shows a 6-inch concrete curb between the parking spaces, landscaped areas and circulation areas on the site. This approval criterion is met. Section 3.107 Architectural Design Guidelines and Standards Section 3.107.06 Guidelines and Standards for Non-Residential Structures in RS, R1 S, RM, CO, CG and P/SP Zones A. Applicability. DR 05-01, V AR 05-05 Page 28 The following design guidelines shall be applicable to all non- residential structures and buildings in the RS, R1 S, RM, CO, CG and P zones. FINDING: The proposed office building is a non-residential structure proposed within the CG zone, and is subject to the architectural design guidelines of Section 3.107.06. B. Architectural Design Guidelines. 1. Mass & Bulk Articulation Guidelines. a. Building facades visible from streets and public parking areas should be articulated in order to avoid the appearance of box-like structures with unbroken wall surfaces. b. The appearance of exterior walls should be enhanced by incorporating three dimensional design features, including the following: 1) Public doorways and/or passage ways through the building. 2) Wall offsets and/or projections. 3) Variation in building materials and/or textures. 4) Arcades, awnings, canopies and/or porches. FINDING: The southern facade of the existing structure is visible from Mt Hood Avenue and the abutting public parking area. The existing building features a painted split-face CMU fac;ade with a smooth CMU accent band and metal roofing system adjacent to the primary pedestrian entrance. The applicant proposes to break-up the existing box-like southern building face with the addition of a curved entrance fac;ade bisected by a glass and wood canopy feature above the primary pedestrian entrance and proposed individual tenant space entrances. The submitted floor plan shows the entrance fac;ade to be offset from the structural building walls by 10 to 24 feet. The applicant states the intent of this design is to create ". ..transitional indoor/outdoor spaces..." The parapet of the proposed curved entrance fac;ade will rise 6 feet above the existing roofline and provide 3-dimensionality to the currently flat southern building wall. The submitted elevation and floor plans show the glass and wood entrance canopy to be set below and extending laterally outward 22 to 26 feet from the plane of the proposed curved entrance fac;ade and the existing CMU DR 05-01, VAR 05-05 Page 29 ~ structural wall. The proposed curved fac;ade will feature stucco with stone wainscot while the entrance canopy will be composed of glazing and exposed wood structure. In addition, the applicant proposes decorative fountain features and stone "garden" walls along the southern building fac;ade. This proposed variation in building materials will effectively minimize the current predominant CMU wall surfaces. This criterion is met. 2. Materials and Textures Guidelines. a. Building exteriors should exhibit finishes and textures that reduce the visual monotony of bulky structures and large structural spaces; enhance visual interest of wall surfaces and harmonize with the structural design. b. The appearance of exterior surfaces should be enhanced by incorporating the following: 1) At least 30% of the wall surface abutting a street should be glass. 2) All walls visible from a street or public parking area should be surfaced with wood, brick, stone, designer block, or stucco or with siding that has the appearance of wood lap siding. 3) The use of plain concrete, plain concrete block, corrugated metal, plywood, T -111 and sheet composite siding as exterior finish materials for walls visible from a street or parking area should be avoided. 4) The color of at least 90 percent of the wall, roof and awning surface visible from a street or public parking area should be an "earth tone" color containing 10 parts or more of brown or a "tinted" color containing 10 parts or more white. Fluorescent, "day-glo," or any similar bright color should not be used on the building exterior. FINDING: The proposed curved fac;ade structure and existing building walls, comprising the bulk of the wall area visible from a public street or parking area, will feature stucco with stone accents and painted existing CMU wall surfaces. In addition, a glass and wood canopy is proposed above the primary pedestrian entrance and a decorative fountain feature with stone "garden" walls will be located at the southeast corner of the building fac;ade. This proposed variation in building materials will effectively vary and minimize the current predominant CMU DR 05-01, V AR 05-05 Page 30 wall surface. Proposed coloration of the primary wall surfaces, entrance canopy, covered walk, cap flashing and storefront system, comprising the bulk of the visible area, incorporates colors including "Earth Red", 'Taupe-Cream", "White", "Aluminum" and natural wood tones. The shades "Earth Red", 'Taupe-Cream", "White': "Aluminum" and natural wood coloration may all be considered "earth tones" and "Tinted tones" in accordance with the above requirement. The proposed colors and materials are represented on the colored building elevation and materials sample board submitted in conjunction with this application. The submitted elevations show the wall surface of the proposed ambulatory health center to be comprised of 21 % glass abutting Mt Hood Avenue, which does not meet the guideline of 30% glazing for a wall surface facing a street. The south fac;ade of the existing structure currently incorporates 8% glazing. The proposed curved entry incorporates a parapet rising 6 feet above the plane of the existing roofline, which significantly increases the vertical wall area of the southern building fac;ade. The proposed parapet breaks up the current flat roofline and will be used to screen roof-mounted equipment. It is not feasible to incorporate additional windows in the proposed curved entry. In addition, the existing CMU building shell forming the southern building fac;ade is a structural wall, which currently has minimal window area. The applicant proposes to significantly increase the percentage of window area incorporated in the wall surface facing Mt. Hood Avenue from 8% to 21 % while taking into account the architectural utility of the curved entry parapet and the existing structural wall. This approval criterion is met. 3. Multi-planed Roof Guidelines. a. The roof line at the top of a structure should establish a distinctive top to the building. b. The roof line should not be flat or hold the same roof line over extended distances. Rather the roof line should incorporate variations, such as: 1) Offsets andlor jogs in the plane of the roof. FINDING: The proposed curved entry feature will establish a distinctive "top" to the existing flat roofline. The submitted elevations show a 6-foot offset in the primary roofline. These approval criteria are met. 4. Roof Mounted Equipment Guidelines. All roof mounted equipment, EXCEPT solar collectors, should be screened from view from streets abutting the building site by: a. Locating roof mounted equipment below the highest vertical element of the building; or DR 05-01, V AR 05-05 Page 31 b. Screening roof top equipment using materials of the same character as the structure's basic materials. FINDING: The submitted elevations do not show any roof-mounted equipment atop the proposed structure. The applicant has indicated that the 6-foot curved entry parapet will be used to screen roof-mounted equipment. This criterion will be met. 5. Weather Protection Guidelines. All building faces abutting a street or a public parking area should provide weather protection for pedestrians. Features to provide this protection should include: a. A continuous walkway at least 8 feet wide along the face of the building utilizing a roof overhang, arcade, awnings and/or canopies. b. Awnings and canopies that incorporate the following design features: 1) Angled or curved surfaces facing a street or parking area. 2) A covering of canvas, treated canvas, awning fabric, or matte finish vinyl. 3) A constant color and pattern scheme for all buildings within the same development. 4) No internal back lighting. FINDING: The site plan shows a continuous walkway abutting south and east building frontages that varies between 8 feet and 30 feet in width. The submitted floor plan shows the primary pedestrian entrance on the southern fac;ade to provide weather protection via a minimum 24-foot, maximum 26-foot wide wood and glass entry canopy. The proposed pedestrian entrance and Urgent Care drop-off on the eastern building fac;ade feature a 960 square foot covered walk and 1,128 square foot drive-up canopy respectively. These approval criteria are met. 6. Landscaping and Screening Guidelines. The landscaping required by the standards of the WDO should be augmented to address site specific visual impacts of abutting uses and the visual character of the surrounding area. DR 05-01, V AR 05-05 Page 32 FINDING: Landscaping is proposed abutting the southern, eastern and southwestern building frontages. A Roundleaf laurustinus (Viburnum tinus 'Robustum') hedge is proposed abutting the north property line. Roundleaf laurustinus may grow to a height of 6 to 12 feet and will effectively obscure visibility of the site from the adjacent industrial uses. A hedge of Green Island Holly (/lex crenata "Green Island") is proposed along the northeast property line. A condition of approval requires the applicant to replace the lower growing Green Island Holly with Roundleaf laurustinus along the northeast property line to screen the site from the abutting industrial use to the northeast. This criterion will be met. 7. Design Character Guidelines. Standardized or characteristic "corporate" and "franchise" design elements should be refined to reduce domination of the visual environment by corporate icons. FINDING: Excluding proposed signage, the submitted site and elevation plans do not show any proposed "corporate" or "franchise" icons on the subject site. This criterion is met. 8. Buffer Wall. A solid brick or architectural wall with anti-graffiti surface, no less than 6 feet or greater than 7 feet in height: a. Should be constructed on the perimeter property line of non-residential development to mitigate adverse visual, noise and/or light impacts on the abutting use when no comparable buffer exists, and b. Shall be constructed where the standards of the underlying zone require such a wall for a non-residential use in, or abutting, a RS, R1S, or RM zoning district. FINDING: Per Table 2.1.11., there exists no buffer yard landscaping requirement along the northern, eastern and western perimeter of the subject property as the abutting lots are zoned CG and IP. A wall is not necessary on the north, east and west property lines of the subject site because the abutting commercial and industrial uses are compatible with the proposed commercial-institutional use. A proposed Roundleaf laurustinus (Viburnum tinus 'Robustum') hedge will abut the north property line to obscure visibility of the site from the adjacent industrial uses. This approval criterion is met. 9. Sidewalk Location and Street Trees. Sidewalks should be located at the property line along streets with street trees, Section 3.106. DR 05-01, VAR 05-05 Page 33 FINDING: The submitted site and landscaping plans show existing curb line sidewalk and street trees abutting Mt. Hood Avenue. Compliance with street tree standards is discussed in Section 3. 106.03.A. 1. of this report. 10. Solar Access Protection. Obstruction of existing solar collectors on abutting properties by site development should be mitigated. FINDING: The proposed building will not obstruct solar collectors located on abutting properties. This approval criterion is met. C. Site and Building Access Guidelines. 1. Access to and from the site and circulation within the site should separate facilities for cars, trucks and transit from those for bicycles and pedestrians. 2. Site access in compliance with Section 3.104 should be augmented by the following considerations: a. Vehicle Access. 1) Vehicle access points should be identified by accentuated landscaped areas, by entrance throats designed to control access from abutting parking and by monument type entrance signs. 2) New parking lots abutting major streets should connect internally with the parking lots of abutting commercial uses or land zoned for commercial use. FINDING: The submitted landscaping plan shows accent landscaping provided at the existing driveway entrance onto Mt. Hood Avenue and the driveway cross- connection with the property to the west. The property abuts Mt. Hood Avenue, classified as a major arterial on the Woodburn TSP, on the north. Commercial uses abut the subject property to the west (a Pizza Hut restaurant, bank and undeveloped parcel zoned CG) and east (a bank and undeveloped parcel zoned CG). The abutting parcels to the east and west have accesses to Mt. Hood Ave and the subject property has an existing shared access agreement with the property to the west. A condition of approval requires the applicant to submit a revised site plan showing a driveway cross-connection with the properties to the east aligned with the 25-foot wide driveway cross-access easement provided in Partition Case File No. 04-05. Compliance with WDO cross-connection standards is discussed in Section 3.104.03.A.3 of this report. b. Pedestrian Access and Circulation. DR 05-01, VAR 05-05 Page 34 1) The buildings should be linked to the sidewalks on abutting streets by internal pedestrian ways. Such pedestrian ways should be either raised or delineated by distinctive pavers. FINDING: The site plan shows proposed pedestrian access to the proposed from the south via a 4-foot wide walkway abutting the east margin of the primary driveway entrance. Where pedestrian ways cross internal drive aisles, they are shown on the site plan to be delineated with pavers. In addition, distinctive pavers delineate the passenger loading area to the south of the structure. The site plan does not show this proposed pedestrian walkway as connecting to the existing curb line sidewalk abutting Mt. Hood Avenue. As a condition of approval, the applicant shall submit a revised site plan to the Community Development Department for review and approval showing the proposed 4-foot wide pedestrian walkway abutting the east margin of the primary driveway entrance as connecting to the existing curb line sidewalk abutting Mt. Hood Avenue prior to building permit issuance. This criterion will be met. 2) Parking areas should be designed in multiples of no more than 50 spaces separated by landscaped buffers or raised pedestrian ways in order to minimize negative visual impacts associated with expansive parking. FINDING: The proposed parking area incorporates multiples of 50 or more parking spaces that are not separated by landscaped areas. The off street parking area is existing, and is not being expanded. The applicant proposes to make incremental improvements proportional to the proposed change in use including the addition of landscape islands and resurfacing and re-striping of parking spaces. The applicant will not be required to realign the existing off street parking area to separate multiples of 50 parking spaces with landscape buffers in conjunction with this proposal. This criterion is met. D. Building Location Guidelines. Within the prescribed setbacks, building location and orientation should compliment abutting uses and development patterns. FINDING: Compliance of the building location within the required setbacks is discussed earlier in this report Section 2.106.05.C. The proposed changes to the existing building facade incorporate architectural elements, materials and coloration complementary to nearby residential developments. This criterion is met. E. Parking Location Guidelines. DR 05-01, VAR 05-05 Page 35 Off street parking between the architectural front of a building and the setback line abutting a street should be limited to a depth of not more than 130 feet. FINDING: The depth of the off street parking area abutting Mt. Hood Avenue is approximately 280 feet, which exceeds the 130-foot off street parking area depth guideline. The site was developed prior to the July 1, 2002 effective date of the WDO and the off street parking area is not being expanded. The applicant proposes to make incremental improvements proportional to the proposed change in use including the addition of landscape islands and resurfacing and re- striping of parking spaces. The applicant is not required to realign the existing off street area to meet the 130-foot off street parking area depth guideline in conjunction with this proposal. These criteria are met. F. Design Standards. 1. Outdoor Storage Standards. Outdoor storage, when permitted, shall be screened from the view of abutting streets by a solid brick or architectural block wall not less than 6, nor more than 7 feet in height. 2. Outdoor Lighting Standards. All outdoor lighting shall be designed so that: a. Parking areas are evenly illuminated at ground level at one foot candle; b. Entrance and loading areas are illuminated at ground level of two foot candles; c. Illumination does not shine or reflect into any adjacent residentially zoned or used property; d. Lighting does not cast a glare onto moving vehicles on any public street. FINDING: Outdoor storage is not proposed on the subject site. The applicant has submitted a lighting plan showing photometric values within the primary off street parking and pedestrian entrance areas to the south of the structure. The lighting plan shows photometric values ranging between 1.0 and 1.6-foot candles near the primary pedestrian entrance, which does not meet the required illumination level of 2-foot candles at pedestrian entrances. Photometric values within the off street parking area range between 1.0 and 9.0 foot candles, which meets the required illumination level of 1-foot candle within an off street parking area. A condition of approval requires the applicant to submit a revised lighting plan to DR 05-01, V AR 05-05 Page 36 ~ the Community Development Department for review and approval prior to building permit issuance showing compliance with Section 3.107.06.F.2 in all off street parking, loading and pedestrian entrance areas. This approval criterion will be met. Section 3.110 Signs Section 3.110.04 Sign Permit Required A. A sign permit is required to erect, replace, construct, relocate, or alter a sign, unless such sign or action is exempt under Section 3.110.11... FINDING: The submitted site plan shows three wall signs on the southern building fagade and one canopy sign. These signs are subject to sign permit approval in accordance with the applicable criteria of Section 3.110. Section 3.110.16 Permitted Signs - Commercial General District (CG) Signs in the CG district shall be subject to the following provisions and all other applicable provisions of Section 3.110 of the WDO. A. Pole Signs. 2. Complex. c. A pole sign on a street with 300 lineal feet or more but less than 600 lineal feet of frontage shall not exceed 18 feet in height and 75 square feet in area. FINDING: The subject site is proposed as a complex and has an existing 537 lineal feet of street frontage. An existing pole sign is located on the subject site measuring approximately 32 feet in height and 100 square feet in area, which does not meet the requirement for a maximum 18-foot tall 75 square foot pole sign at a complex in the CG zone with a street frontage between 300 and 600 lineal feet. This sign is nonconforming and is therefore subject to Section 3.110.20, discussed later in this report. C. Wall Signs. 1. Wall signs are permitted on a primary building frontage. Such signs shall not cover more than six percent of the building wall on a single tenant building or each tenant's leased wall on a multiple tenant building and shall not exceed a maximum area of 200 square feet. However, a minimum sign area of 20 square feet shall be permitted for each single tenant building or tenant DR 05-01, VAR 05-05 Page 37 in a multiple tenant building. Only one building wall shall be designated as the primary building frontage. FINDING: The modified primary building frontage will have a wall area of 10,051 square feet, 6 percent of which is 603 square feet. The submitted elevation plan shows three proposed wall signs on the primary building frontage; one 135 square foot wall sign in the upper center of the curved entrance wall, one 36 square foot wall sign at the west end of the southern building faCfade, and one 14 square foot sign on the window of a proposed tenant space adjacent to the primary pedestrian entrance. The combined square footage of these proposed wall signs is 186 square feet, which meets the maximum 200 square foot area allowed for wall signs on a primary building frontage. As a condition of approval, all proposed signage shall be subject to the applicable provisions of Section 3.110. This criterion will be met. 3. Wall signs are permitted on canopies. Such signs shall be limited to no more than two sides of the canopy and shall not cover more than 15 percent of a canopy face or 50 square feet, whichever is less. FINDING: The submitted elevation plan shows a canopy sign located on the south face of the proposed drive-thru canopy on the east side of the structure. The wall area of the south face of the proposed canopy is 156 square feet, 15 percent of which is 23.4 square feet. The proposed canopy sign is approximately 46 square feet in area, which does not meet the maximum 15 percent (23.4 square foot) allowed area for a canopy sign. As a condition of approval, all proposed signage shall be subject to the applicable provisions of Section 3.110. This criterion will be met. Section 3.110.20 Nonconforming Signs. B. Nonconforming permanent signs shall comply with the provisions of Section 3.110 when one or more of the following happens: 3. The use of the premises upon which the sign is located changes. In a complex, if the use of an individual tenant space changes, only signs attached to such tenant space shall be required to comply with Section 3.110. 4. A Type II Design Review or Type III Conditional Use or Design Review land use application is approved for the premises on which the sign is located. In a complex, if an individual tenant space is the subject of a Type II Design Review or Type III Conditional Use or Design Review land use application, only signs attached to such tenant space shall be required to comply with the provisions of Section 3.110. DR 05-01, V AR 05-05 Page 38 FINDING: An existing pole sign is located adjacent to the southern driveway entrance on the subject site. This pole sign measures approximately 32 feet in height and 100 square feet in area, which does not meet the requirement for a maximum 18-foot tall 75 square foot pole sign at a complex in the CG zone with a street frontage between 300 and 600 lineal feet. The applicant proposes a change in use from retail to ambulatory health services, and has submitted a Type " Design Review land use application to retrofit and upgrade the building fagade and site elements. The applicant is therefore required to bring the nonconforming pole sign into conformance with the applicable criteria of Section 3.110. As a condition of approval, the applicant shall submit plans to bring the existing nonconforming pole sign into compliance with the applicable provisions of Section 3.110 prior to issuance of a building permit. Section 5.102.02 Design Review for All Structures LESS THAN 1000 Sq. Ft. C. Criteria. The applicable guidelines and standards of Section 3.1 shall apply and other applicable sections of the WDO. FINDING: The compliance of the applicant's proposal with the applicable standards and guidelines of the WDO is discussed throughout this report. This approval criterion is met. Variance 05-05: The applicant is requesting a variance to allow for 43 parking spaces to remain in the 65-foot special setback abutting Mt. Hood Avenue. WOODBURN DEVELOPMENT ORDINANCE Section 5.103.11 Variance C. Criteria. A determination of whether the criteria set forth are satisfied necessarily involves the balancing of competing and conflicting interest. The factors that are listed to be considered are not criteria and are not intended to be an exclusive list. The factors to be considered are used as a guide in deliberations on the application. FINDING: Sufficient justification to approve Variance 05-05 has been provided based on the analysis of the following considerations: 1. The variance is necessary to prevent unnecessary hardship relating to the land or structure which would cause the property to be unbuildable by application of the WDO. Factors to consider in determining whether hardship exists, include: DR 05-01, V AR 05-05 Page 39 -----......- T a. Physical circumstances over which the applicant has no control related to the piece of property involved that distinguish it from other land in the zone, including but not limited to lot size, shape, and topography. b. Whether reasonable use similar to other properties can be made of the property without the variance. c. Whether the hardship was created by the person requesting the variance. FINDING: The applicant states the following: "The variance is necessary to allow existing non-conforming parking to remain in the required.. .front... yard setback. Elimination of the 43 parking spaces within the front setback is undesirable from an operational standpoint. The existing non-conforming parking areas [SIC] is a condition created prior to the property purchase by Webstar V, LLC." The combined front yard and special setback for the site is 65 feet (50-foot special setback and 15-foot required front yard setback) abutting Mt. Hood Avenue and the submitted site plan shows 43 existing parking spaces currently located in the 15-foot front yard setback. The 43 non-conforming parking spaces are existing and the applicant is not required to meet all off street parking and loading standards in conjunction with this Type II Design Review because the proposed change in use does not increase the required parking for the site by 25% or more. The 43 non-conforming parking spaces cannot be provided elsewhere on the site and the removal of 43 parking spaces is not proportional to the impact of the change in use of the existing structure from a retail center to an ambulatory health services center, which have the same parking requirement. Mt. Hood Avenue is a state highway under the jurisdiction of the Oregon Department of Transportation (ODOT). Comments received from ODOT regarding this proposal do not require the applicant to provide improvements to the existing Mt. Hood Avenue right of way in conjunction with this proposal. The applicant has shown on the submitted site and landscaping plans that the required street improvement of Mt. Hood Avenue, including curb line sidewalks, landscape strip and street trees are currently provided within the existing right of way abutting the southern property line. This hardship was not created by the person requesting the variance. 2. Development consistent with the request will not be materially injurious to adjacent properties. Factors to be considered in determining whether development consistent with the variance is materially injurious include but are not limited to: DR 05-01, V AR 05-05 Page 40 a. Physical impacts such development will have because of the variance, such as visual, noise, traffic and drainage, erosion and landslide hazards. b. Incremental impacts occurring as a result of the proposed variance. FINDING: The applicant states: "The existing non-conforming parking areas are currently screened, and will be further screened by proposed landscape materials along the property line on Mt. Hood Avenue. No changes in this design or way the existing parking areas are used are contemplated." Mt. Hood Avenue is a state highway under the jurisdiction of the Oregon Department of Transportation (ODOT) and comments received from ODOT regarding this proposal do not require the applicant to provide improvements to the existing Mt. Hood Avenue right of way in conjunction with this proposal. The existing landscape strip abutting Mt. Hood Avenue along the south property line incorporates a 24-inch high berm feature and the applicant has submitted a landscaping plan showing a hedge of Green Island Holly (/lex crenata "Green Island ") to be planted atop the existing 24-inch berm. Green Island Holly grows to a height of 2 feet in height and the combined 48-inch screen height (24-inch berm and 24-inch hedge) meets the off street parking screening requirement of Section 3.106.03.A.2.b.2). No physical or incremental impacts will result from the granting of this variance. 3. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected because of the variance. FINDING: The site is currently developed as a retail center with existing structures, off street parking and landscaping. Traffic, drainage, landforms and natural systems will not be adversely affected by granting this variance. 4. The variance is the minimum deviation necessary to make reasonable economic use of the property; FINDING: The applicant indicates that allowing the 43 existing off street parking spaces to remain in the 65-foot special setback abutting Mt. Hood Avenue is the minimum deviation necessary to make reasonable economic use of the property. The 43 non-conforming parking spaces are existing and cannot be provided elsewhere on the site. The applicant is not required to meet all off street parking and loading standards in conjunction with this Type II Design Review because the proposed change in use does not increase the required parking for the site by 25% or more. Removal of 43 parking spaces is not proportional to the impact of DR 05-01, VAR 05-05 Page 41 the change in use of the existing structure from a retail center to an ambulatory health services center, which have the same parking requirement. The applicant has shown on the submitted site and landscaping plans that the required street improvement of Mt. Hood Avenue, including curb line sidewalks, landscape strip and street trees are currently provided within the existing right of way abutting the southern property line. 5. The variance does not conflict with the Woodburn Comprehensive Plan. FINDING: The Woodburn Development Ordinance and Transportation System Plan implement the goals and policies in the Woodburn Comprehensive Plan (WCP). WCP Section IX Goals and Policies states, ".. .Architectural design of commercial areas should be attractive with...enough landscaping to reduce the visual impact of large expanses of asphalt parking areas." The applicant requests variance approval to allow the 43 existing off street parking spaces located in the 65-foot combined special and required front yard abutting Mt. Hood Avenue to remain. The proposed 24-inch hedge of Green Island Holly (/lex crenata "Green Island") to be planted atop the existing 24-inch berm separating the off street parking area from Mt. Hood Avenue will effectively mitigate any visual impact associated with granting of this variance. The proposed development does not conflict with the policies of the WCP. VI. CONCLUSION: Based on the findings of fact contained herein, all relevant approval criteria relating to approval of Design Review 05-01 and Variance 05-05 have been met. DR 05-01, VAR 05-05 Page 42 EXHIBIT "B" CONDITIONS OF APPROVAL COMMUNITY DEVELOPMENT DEPARTMENT: Desian Review 05-01 : 1. The proposed development shall be in substantial conformance with the attached preliminary plans provided in Exhibit "A" (Site Plan [Sheet A 1.1], Floor Plan [Sheet A2.1], Building Elevations [Sheet A3.1], Grading/Utility Plan [Sheet C1 and Lighting Plan [Sheet E1.0] date stamped April 8. 2005; Landscaping Plan [Sheets L2.1 and L2.2] and Materials Plan [Sheets L 1.1 and L 1.2] date stamped April 20, 2005; and Colored Elevation and Materials Sample Board date stamped February 1, 2005); except as herein modified by these conditions of approval. 2. The property owner/applicant shall submit to the Community Development Department a signed "Acceptance of Conditions" agreeing to all conditions of approval prior to the issuance of building permits for the project. 3. This approval shall expire within the time period specified by City ordinance (currently one year from the date of the final decision). Expiration of a final decision shall require a new application. 4. The applicant shall request building permit occupancy review by the Community Development Department a minimum of seven days prior to the issuance of final occupancy. 5. Any conditions attached to this design review approval shall be conditions on the issuance of a building permit unless otherwise stated. A violation of the conditions shall be considered a violation of the Woodburn Development Ordinance. 6. Prior to building permit issuance, the applicant shall submit a revised site plan to the Community Development Department for review and approval showing the following modifications: a. The drive-through and bypass lane pertaining to the proposed Urgent Care patient drop-off area shall be modified to comply with WDO Section 3. 1 04. 02.D. b. The proposed 4-foot wide pedestrian walkway abutting the east margin of the primary driveway entrance shall be modified to connect to the existing curb line sidewalk abutting Mt. Hood Avenue. DR 05-01, VAR 05-05 Page 43 c. A driveway cross-connection shall be provided with the properties to the east aligned with the 25-foot wide driveway cross-access easement provided in Partition Case File No. 04-05. Any parking spaces eliminated by creation of the cross-connection shall be replaced on-site. d. Bicycle racks shall be relocated from the loading zone abutting the north side of the structure to within 50 feet of the main entrance on the south side of the existing building. 7. Prior to building permit issuance, the applicant shall submit a final irrigation plan to the Community Development Department for review and approval. 8. All shrubs and ground cover shall be of a size upon installation so as to attain 80% of ground coverage within 3 years. 9. Prior to issuance of a building permit, the applicant shall submit an elevation plan of the proposed common refuse collection facility with a solid metal gate to the Community Development Department for review and approval. 10. Prior to issuance of a building permit, the applicant shall submit a final lighting plan to the Community Development Department for review and approval showing compliance with Section 3.107.06.F.2 in all off street parking, loading and pedestrian entrance areas. 11. Prior to issuance of a building permit, the applicant shall submit a revised landscaping plan showing a Roundleaf laurustinus hedge along the northeast property line to the Community Development Department for review and approval. 12. The property owner shall be responsible for maintaining all landscaping in good condition so as to present a healthy and orderly appearance. Unhealthy and dead plants shall be removed and replaced in conformance with the approved landscaping plan. 13. Placement of all signage shall be subject to the standards of Section 3.110. 14. Prior to building occupancy, the applicant shall bring the existing nonconforming pole sign into compliance with the applicable provisions of Section 3.110. 15. Prior to building permit issuance, proposed shared access easement agreements shall be submitted to the Community Development DR 05-01, V AR 05-05 Page 44 Department for review and approval subject to legal documentation to the satisfaction of the City Attorney. Said agreements shall be recorded with the County Recorder. Variance 05-05: 16. This variance approval allows parking spaces abutting the south property line to remain in the special setback from the centerline of Mt. Hood Avenue and required front yard setback as shown on Exhibit "A" (Site plan [Sheet A 1.1 date stamped April 8, 2005]). This variance shall not apply to any subsequent development of the subject property. PUBLIC WORKS DEPARTMENT: GENERAL CONDITIONS: 17. The applicant, not the City, is responsible for obtaining permits from any state and/or federal agencies, which may require approval and/or permit. 18. All work within the public rights-of-way or public facilities within public easement shall require plan approval and permit issuance from the Public Works Department. 19. System Development fees shall be reviewed for the change and increase of use. If appropriate, additional fees shall be paid at the time of building permit issuance. SANITARY SEWER: 20.A Grease trap will be required to be installed on the sanitary service, either as a central unit or in each kitchen/food preparation area. Contact Marion County Plumbing Department for permit and installation requirements at (503) 588-5147. WATER: 21. The current level of backflow protection, double detector check device, on the fire sprinkler service and reduced pressure device on domestic service is adequate for the proposed use. The landscape irrigation meter shall be upgraded with double detector check backflow device at the meter. Contact Larry Arendt, City of Woodburn Cross Connection Inspector, for installation requirements at 503-982-5283. 22. The relocation of the existing fire hydrant as identified on the plan shall be relocated by the property owner/applicant in accordance with city standards and specifications. A utility easement shall be provided to the DR 05-01, VAR 05-05 Page 45 - city for the relocated hydrant if it is not within the existing easement currently conveyed to the City. DR 05-01, V AR 05-05 Page 46