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Res 1340 - Site Pl Rev #95-20 COUNCIL BILL NO. 1692 RESOLUTION NO. 1340 A RESOLUTION GRANTING THE APPLICATION IN SITE PLAN REVIEW CASE 95-20 AND DENYING THE APPLICATION IN VARIANCE CASE 95-14. WHEREAS, the Woodburn Planning Commission conducted a public hearing in Site Plan Review Case 95-20 and Variance Case 95-14, and WHEREAS, the City Council "called up" these land use actions and conducted a de novo hearing; and WHEREAS, after the public hearing it was determined by the City Council that substantial evidence in the record justifies granting the Site Plan Review application and denying the Variance application, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The application in Site Plan Review Case 95-20 is granted based upon evidence in the record before the Woodburn City Council and is justified by the findings which are attached hereto as Exhibit "A" and are, by this reference, incorporated herein. Section 2. The application in Variance Case 95-14 is denied based upon evidence in the record before the Woodburn City Council and is justified by the findings which are attached hereto as Exhibit "A" and are, by this reference, incorporated herein. Approved as to for~~ City Attorney :~J 'L 1- (4 0 Date APPROVED: Page 1 - COUNCIL BILL NO. 1692 RESOLUTION NO. 1340 ~ ....,..-"-. ,.~ ..... . '-"-"'-'l-""'~-'.'-'--~-"-'" - ._. ... Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST:~~~ Mary ennant, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 1692 RESOLUTION NO. 1340 -_..,~ -. ,.,." . .-,.-" - "f February 26, 1996 February 27, 1996 February 27, 1996 February 27, 1996 EXHIBIT" A" Page 1 - of 25 STAFF REPORT VARIANCE 95-14 SITE PLAN REVIEW 95-20 APPLICANT: Andy Snegirev PO Box 1166 Molalla, Or 97038 II NATURE OF THE APPLICATION: The applicant wishes to construct a 5,100 square foot 2-bedroom 5 plex building. This building will be used for multi-family housing. The site is 11,000 sq ft in size. III RELEVANT FACTS: The property is located at 749 Front Street in Woodburn and is zoned RM Multi- Family. The property can be identified specifically on Marion County Assessor Map 5S, 1W, Section 7DC Tax Lot #300 Account #42454000. The acreage of the property is .25 acres. IV RELEVANT APPROVAL CRITERIA: A. Woodburn Comprehensive Plan B. Woodburn Zoning Ordinance Chapter 5 Permits and Enforcement Chapter 6 Planning Commission Chapter 7 Public Hearing Chapter 8 General Standards Chapter 10 Off-Street Parking, Loading and Driveway Standards Chapter 11 Site Plan Review Chapter 13 Variance Procedures Chapter 26 Multi-Family District C. Landscaping Standards A. Woodburn Comprehensive Plan STAFF FINDINGS: The proposed use is consistent with and has complied with Comprehensive plan by addressing the relevant approval criteria identified in the Zoning Ordinance. B. Woodburn Zoning Ordinance Page 1 - Staff Report - ......- . --.-.-.-.....--- -"~"_.~---..._<<..._"...._..- EXHIBIT "A" Page 2 - of 25 Chapter 8 General Standards Section 8.040 Special Setback Distances (a)(8) Front Street, Settlemier Ave to North City Limits ......40 feet. STAFF FINDING: The applicant has shown compliance with this special setback. Chapter 10 Off-Street Parking, Loading and Driveway Requirements Section 10.050 Off-Street Automobile Parking Requirements Off-Street automobile parking shall be provided in the amounts not less than those listed below: (b) Dwellings containing 2 or more dwellings units located on the same lot. (2) two spaces per dwelling unit having two or more bedrooms. STAFF FINDINGS: Five two-bedroom units are proposed, therefore ten (10) parking spaces are needed. Ten spaces are being provided. Chapter 11 Site Plan Review Section 11.030 Approval of Site Plan Required (a) No building permit for construction of structures governed by this chapter shall be issued until the Site Plan for that structure has received approval under the provisions of this chapter. (b) Any conditions attached to the approval of this Site Plan shall be conditions on the issuance of the building permit. A violation of the conditions shall be considered a violation of this ordinance. Section 11.070 Criteria for evaluating a Site Plan STAFF FINDING: The applicant has addressed the Site Plan Review criteria adequately, see attached narrative with the Site Plan Review application from applicant. (a) The placement of structures on the property shall minimize adverse impact on adjacent uses. STAFF FINDING: The applicant states that all structures to be placed on the site will be less than 25 feet in height and will be placed within the setback boundaries. The property to west is zoned single family, therefore the applicant has provided for the necessary 15 foot buffer on the west side of the property. The remainder of the property is contiguous to property that is also zoned for multi-family and therefore there are no specific buffering requirements. (b) Landscaping shall be used to minimize impact on adjacent uses. Page 2 - Staff Report -~- ."._-"~. -_.~ ,~-- .--.-- "-" -'--'--'-"- ,,---#- -,., -""-, '"-- EXHIBIT" A" Page 3 - of 25 STAFF FINDING: The applicant has addressed this Site Plan Review criteria. The site plan indicates that 35% of the site is landscaped and that 24% of the parking lots is landscaped. Both of these figures exceed the landscaping requirements. Buffering has been provide for along the western boundary of the development and a 5 foot buffer along Front Street has also been identified. (c) Landscaping shall be so located as to maximize its aesthetic value. STAFF FINDING: The applicant has adequately addressed this Site Plan Review criteria in stating that the landscaping has been designed to provide a residential appearance to the 5-plex. As stated above, the applicant has met the landscaping standards. (d) Access to the public streets shall minimize the impact of traffic patterns. Whenever possible, direct access shall not be allowed to arterial streets. Wherever possible, access shall be shared with adjacent uses of a similar nature. STAFF FINDING: The traffic circulation will remain the same via the existing driveway. The proposed 5-plex will generate less trips than did the existing 8 units. (e) The design of the drainage facilities shall minimize the impact on the city's or other public agencies drainage facilities. STAFF FINDING: No new City services are required. The proposed use will utilize existing facilities. (f) The design encourages energy conservation, both in its sitting on the lot, and its accommodation of pedestrian and bicycle traffic. STAFF FINDING: The applicant has addressed this criteria adequately. The building will be subject to the Uniform Building Code. Pedestrian and bicycle traffic can be accommodated by sidewalks. The applicant is also installing 5 bike racks. (g) The proposed site development, including the architecture, landscaping and graphic design, is in conformity with the site development requirements of this ordinance and with the standards of this and other ordinances insofar as the location and appearance of the proposed development are involved. STAFF FINDING: The applicants proposal has complied with the current ordinances and standards discussed in this staff report. (h) The location design, color and materials of the exterior of all structures and signs are compatible with the proposed development and appropriate to the character of the immediate neighborhood. Page 3 - Staff Report 10m ",q '....,.~-- - "., .-", , EXHIBIT "A" Page 4 - of 25 STAFF: The applicant has addressed this Site Plan Review criteria. The character of the neighborhood is both single family and multi-family. The site plan indicates that the structure will have lap siding, composition roof, lighting, and covered porches. Section 11.085 Time Limitation At the time of final approval the applicant has six months to initiate construction. If construction has not begun within this time frame, the applicant can request in writing, a six-month extension. The Site Plan becomes void one year after final approval: Therefore, the applicant would have to reapply after that time period. Chapter 13 Variance Procedures Section 13.020 (a)-(f) Conditions for Granting a Variance (a) That there are unnecessary, unreasonable hardships or practical difficulties which can be realized only by modifying the literal requirements of this ordinance. STAFF FINDING: LUBA and the appellate courts have interpreted this criterion to allow a variance only if the subject property will be virtually useless without the variance and the hardship arises from conditions inherent in the land which distinguish it from other land in the neighborhood. Since the subject property will not be rendered useless and the alleged hardship is not inherent in the land, the criterion has not been met. (b) That there are exceptional or extraordinary circumstances or conditions applying to the land, buildings, or use referred to in the application, which circumstances or conditions do not generally apply to land, buildings, or uses in the same district, however, nonconforming land uses or structures in the vicinity shall not in themselves constitute such circumstances or conditions. STAFF FINDING: Under this criterion the applicant must demonstrate the exceptional or extraordinary circumstances or conditions arise out of the property itself and not out of something personal to the property owner. This has not been demonstrated and this criterion has not been met. (c) That granting the application will not be materially detrimental to the public welfare or be injurious to property or improvements in the neighborhood of the premises. STAFF FINDING: Site plan review of the proposed new building has been approved. However, it is not in the public interest, or the interest of the surrounding neighborhood to grant the variance to allow a greater number of units than allowed by the Zoning Ordinance. Page 4 - Staff Report '~-- ,....~ '-"'T'""'H.'__"'~-'- EXHIBIT" A" Page 5 - of 25 (d) That such variance is necessary for the preservation and enjoyment of the substantial property right of the petitioner. STAFF FINDING: The variance cannot be justified as "necessary" simply because not obtaining the variance will force the applicant to incur additional expense. (e) That the granting of the application will not, under the circumstances of the particular case, adversely affect the health or safety of persons working or residing in the neighborhood of the property of the applicant. STAFF FINDING: There is no evidence in the record to indicate that granting the variance would adversely affect neighborhood health and safety. (f) That granting of the application will be in general harmony with the intent and purpose of this ordinance and will not adversely affect any officially adopted Comprehensive Plan. STAFF FINDING: Granting of the variance would not be in general harmony with the Zoning Ordinance because the ordinance does not permit the requested number of units and the variance criteria enumerated in the ordinance have not been met by the applicant. Section 13.030 Limiting Variances The planning commission may impose such limitations, conditions and safeguards as it may deem appropriate so that the spirit of this ordinance will be observed, public safety and welfare secured, and substantial justice be done. The planning commission may limit the time duration of a variance. A violation of any such condition or limitation shall constitute a violation of this ordinance. Section 13.090 Variance right must be exercised to be effective. Variances granted under this ordinance shall be effective only when the exercise of the right granted thereunder shall be commenced within six months from the effective date of that variance, unless a longer period is specified or thereafter allowed by the planning commission. In case such right is not exercised, or extension obtained, the variance shall be void. A written request of an extension of time filed with the planning director at least 30 days prior to the expiration of the application shall extend the running of the six-month period until the planning commission has acted on said request. Section 13.130 Resubmission of Variance Application: No application which has been denied wholly or in part by the planning commission or by the common council shall be resubmitted for a period of one year from such denial, unless consent for resubmission be given by two-thirds of the members of the planning Commission. Page 5 - Staff Report ~-'''''''''- '-'~T'~--~"'-~"-'~"- -"-'"--'-----~-"-- EXHIBIT "A" Page 6 - of 25 Section 1 3. 140 Revocation Permit Any variance granted under this ordinance may be canceled by the planning commission if it develops or is ascertained that the application therefore contains any false statements. In such case, it shall be unlawful; for any person to exercise any right granted by the Planning Commission or the Common Council pursuant to such application. Chapter 26 RM Multi-Family District Section 26.080 Lot Area and Width In the RM District the minimum lot area requirements for other residential uses shall be 5,000 square feet plus additional lot area computed as follows: first through fifth unit: (2) For each dwelling unit with two bedrooms 1,600 sq. ft. STAFF FINDING: The site is approximately 11,000 square feet in size. This would make allowance for 4 units. The applicant is requesting a variance in order to construct 5 units. Landscaping Standards STAFF: Approximately 34.8% of the lot is proposed to be landscaped. This is sufficient to meet the landscape requirements of the RM district. V Comments from other departments: Fire Dept: See Attachment A Police: See Attachment B Building: See Attachment C Public Works: See Attachment D Wastewater: See Attachment E Planning: See Attachment F VI Recommended Conditions of Approval 1. The site plan review is subject to the approval of the variance. 2. The proposed development shall be in substantial conformance with the preliminary plan. Page 6 - Staff Report .......~ ...._,'__...__".__~_~_,>-,.. 'd~~""""""""""'~'.'_'_"'_~~"_ ._~"".,"".."...,,_,._.....~,_...........,,,;,",.,_ EXHIBIT "A" Page 7 - of 25 3. Comply with vision clearance standards per Chapter 8 and 9 if applicable. 4. Comply with parking requirements of the Zoning Ordinance. 5. Comply with general planting specifications, buffering specifications and guidelines and maintenance standards as per the standards document (pgs 1 and 2) for site plan review/landscaping. 6. Curbing, striping, sprinkler system, lighting and bicycle rack shall be kept in good condition. Any damage shall be repaired within a timely manner. 7. On site construction shall not commence until the improvement plans have been reviewed and approved by the public works department and all right-of- way permits, systems development charges have been paid. Refer to part two Pg 9 of the standards document for site plan review (Randy Scott 982- 5247). 8. Prior to building permit issuance, pay appropriate systems development charges in effect at that time. Applicant shall show to the building department a set of approved engineering drawings and a site plan drawn to scale that indicates building location and setback distances to property lines. 9. Prior to occupancy permit issuance, the applicant shall comply with the conditions of approval established by the Planning Commission and submit one set of reproducible as-builts. 10. Conditions of approval also include the following attachments A through F. Page 7 - Staff Report '-oop.-.' ,~____, ~_~'"_ ,.,,, ,,' ~_..,_. _,. ".,.._ . u,__~__~__, EXHIBIT" A" Page 1 of 25 STAFF REPORT VARIANCE 95-14 SITE PLAN REVIEW 95-20 APPLICANT: Andy Snegirev PO Box 11 66 Molalla, Or 97038 II NATURE OF THE APPLICATION: The applicant wishes to construct a 5,100 square foot 2-bedroom 5 plex building. This building will be used for multi-family housing. The site is 11,000 sq ft in size. III RELEVANT FACTS: The property is located at 749 Front Street in Woodburn and is zoned RM Multi- Family. The property can be identified specifically on Marion County Assessor Map 5S, 1 W, Section 7DC Tax Lot #300 Account #42454000. The acreage of the property is .25 acres. IV RELEVANT APPROVAL CRITERIA: A. Woodburn Comprehensive Plan B. Woodburn Zoning Ordinance Chapter 5 Permits and Enforcement Chapter 6 Planning Commission Chapter 7 Public Hearing Chapter 8 General Standards Chapter 10 Off-Street Parking, Loading and Driveway Standards Chapter 11 Site Plan Review Chapter 13 Variance Procedures Chapter 26 Multi-Family District C. Landscaping Standards A. Woodburn Comprehensive Plan STAFF FINDINGS: The proposed use is consistent with and has complied with Comprehensive plan by addressing the relevant approval criteria identified in the Zoning Ordinance. B. Woodburn Zoning Ordinance Page 1 - Staff Report ....-. , --,--......~_.~..-.- EXHIBIT "A" Page 2 of 25 Chapter 8 General Standards Section 8.040 Special Setback Distances (a)(8) Front Street, Settlemier Ave to North City Limits ......40 feet. STAFF FINDING: The applicant has shown compliance with this special setback. Chapter 10 Off-Street Parking, Loading and Driveway Requirements Section 10.050 Off-Street Automobile Parking Requirements Off-Street automobile parking shall be provided in the amounts not less than those listed below: (b) Dwellings containing 2 or more dwellings units located on the same lot. (2) two spaces per dwelling unit having two or more bedrooms. STAFF FINDINGS: Five two-bedroom units are proposed, therefore ten (10) parking spaces are needed. Ten spaces are being provided. Chapter 11 Site Plan Review Section 11.030 Approval of Site Plan Required (a) No building permit for construction of structures governed by this chapter shall be issued until the Site Plan for that structure has received approval under the provisions of this chapter. (b) Any conditions attached to the approval of this Site Plan shall be conditions on the issuance of the building permit. A violation of the conditions shall be considered a violation of this ordinance. Section 11 .070 Criteria for evaluating a Site Plan STAFF FINDING: The applicant has addressed the Site Plan Review criteria adequately, see attached narrative with the Site Plan Review application from applicant. (a) The placement of structures on the property shall minimize adverse impact on adjacent uses. STAFF FINDING: The applicant states that all structures to be placed on the site will be less than 25 feet in height and will be placed within the setback boundaries. The property to west is zoned single family, therefore the applicant has provided for the necessary 1 5 foot buffer on the west side of the property. The remainder of the property is contiguous to property that is also zoned for multi-family and therefore there are no specific buffering requirements. (b) Landscaping shall be used to minimize impact on adjacent uses. Page 2 - Staff Report '"9'- "".......'.'-....--.......,..-.....'..-...-'-.. EXHIBIT "An Page 3 of 25 STAFF FINDING: The applicant has addressed this Site Plan Review criteria. The site plan indicates that 35% of the site is landscaped and that 24% of the parking lots is landscaped. Both of these figures exceed the landscaping requirements. Buffering has been provide for along the western boundary of the development and a 5 foot buffer along Front Street has also been identified. (c) Landscaping shall be so located as to maximize its aesthetic value. STAFF FINDING: The applicant has adequately addressed this Site Plan Review criteria in stating that the landscaping has been designed to provide a residential appearance to the 5-plex. As stated above, the applicant has met the landscaping standards. (d) Access to the public streets shall minimize the impact of traffic patterns. Whenever possible, direct access shall not be allowed to arterial streets. Wherever possible, access shall be shared with adjacent uses of a similar nature. STAFF FINDING: The traffic circulation will remain the same via the existing driveway. The proposed 5-plex will generate less trips than did the existing 8 units. (e) The design of the drainage facilities shall minimize the impact on the city's or other public agencies drainage facilities. STAFF FINDING: No new City services are required. The proposed use will utilize existing facilities. (f) The design encourages energy conservation, both in its sitting on the lot, and its accommodation of pedestrian and bicycle traffic. STAFF FINDING: The applicant has addressed this criteria adequately. The building will be subject to the Uniform Building Code. Pedestrian and bicycle traffic can be accommodated by sidewalks. The applicant is also installing 5 bike racks. (g) The proposed site development, including the architecture, landscaping and graphic design, is in conformity with the site development requirements of this ordinance and with the standards of this and other ordinances insofar as the location and appearance of the proposed development are involved. STAFF FINDING: The applicants proposal has complied with the current ordinances and standards discussed in this staff report. (h) The location design, color and materials of the exterior of all structures and signs are compatible with the proposed development and appropriate to the character of the immediate neighborhood. Page 3 - Staff Report ~"'^^ __" u__--",..-"'" "_,_^"^._""" ..___,_.__ EXHIBIT "A" Page 4 of 25 STAFF: The applicant has addressed this Site Plan Review criteria. The character of the neighborhood is both single family and multi-family. The site plan indicates that the structure will have lap siding, composition roof, lighting, and covered porches. Section 11.085 Time Limitation At the time of final approval the applicant has six months to initiate construction. If construction has not begun within this time frame, the applicant can request in writing, a six-month extension. The Site Plan becomes void one year after final approval: Therefore, the applicant would have to reapply after that time period. Chapter 13 Variance Procedures Section 13.020 (a)-(f) Conditions for Granting a Variance (a) That there are unnecessary, unreasonable hardships or practical difficulties which can be realized only by modifying the literal requirements of this ordinance. STAFF FINDING: LUBA and the appellate courts have interpreted this criterion to allow a variance only if the subject property will be virtually useless without the variance and the hardship arises from conditions inherent in the land which distinguish it from other land in the neighborhood. Since the subject property will not be rendered useless and the alleged hardship is not inherent in the land, the criterion has not been met. (b) That there are exceptional or extraordinary circumstances or conditions applying to the land, buildings, or use referred to in the application, which circumstances or conditions do not generally apply to land, buildings, or uses in the same district, however, nonconforming land uses or structures in the vicinity shall not in themselves constitute such circumstances or conditions. STAFF FINDING: Under this criterion the applicant must demonstrate the exceptional or extraordinary circumstances or conditions arise out of the property itself and not out of something personal to the property owner. This has not been demonstrated and this criterion has not been met. (c) That granting the application will not be materially detrimental to the public welfare or be injurious to property or improvements in the neighborhood of the premises. STAFF FINDING: Site plan review of the proposed new building has been approved. However, it is not in the public interest, or the interest of the surrounding neighborhood to grant the variance to allow a greater number of units than allowed by the Zoning Ordinance. Page 4 - Staff Report ~"' '"-'T''' ,".._,~..,......,......,.._-_..,..,- EXHIBIT" A" Page 5 of 25 (d) That such variance is necessary for the preservation and enjoyment of the substantial property right of the petitioner. STAFF FINDING: The variance cannot be justified as "necessary" simply because not obtaining the variance will force the applicant to incur additional expense. (e) That the granting of the application will not, under the circumstances of the particular case, adversely affect the health or safety of persons working or residing in the neighborhood of the property of the applicant. STAFF FINDING: There is no evidence in the record to indicate that granting the variance would adversely affect neighborhood health and safety. (f) That granting of the application will be in general harmony with the intent and purpose of this ordinance and will not adversely affect any officially adopted Comprehensive Plan. STAFF FINDING: Granting of the variance would not be in general harmony with the Zoning Ordinance because the ordinance does not permit the requested number of units and the variance criteria enumerated in the ordinance have not been met by the applicant. Section 13.030 Limiting Variances The planning commission may impose such limitations, conditions and safeguards as it may deem appropriate so that the spirit of this ordinance will be observed, public safety and welfare secured, and substantial justice be done. The planning commission may limit the time duration of a variance. A violation of any such condition or limitation shall constitute a violation of this ordinance. Section 13.090 Variance right must be exercised to be effective. Variances granted under this ordinance shall be effective only when the exercise of the right granted thereunder shall be commenced within six months from the effective date of that variance, unless a longer period is specified or thereafter allowed by the planning commission. In case such right is not exercised, or extension obtained, the variance shall be void. A written request of an extension of time filed with the planning director at least 30 days prior to the expiration of the application shall extend the running of the six-month period until the planning commission has acted on said request. Section 13.130 Resubmission of Variance Application: No application which has been denied wholly or in part by the planning commission or by the common council shall be resubmitted for a period of one year from such denial, unless consent for resubmission be given by two-thirds of the members of the planning Commission. Page 5 - Staff Report '~ ~"""--.,.--"--'--"---'-"--"--"-"-'-'"'-'--"-' EXHIBIT n A n Page 6 of 25 Section 13.140 Revocation Permit Any variance granted under this ordinance may be canceled by the planning commission if it develops or is ascertained that the application therefore contains any false statements. In such case, it shall be unlawful; for any person to exercise any right granted by the Planning Commission or the Common Council pursuant to such application. Chapter 26 RM Multi-Family District Section 26.080 Lot Area and Width In the RM District the minimum lot area requirements for other residential uses shall be 5,000 square feet plus additional lot area computed as follows: first through fifth unit: (2) For each dwelling unit with two bedrooms 1,600 sq. ft. STAFF FINDING: The site is approximately 11,000 square feet in size. This would make allowance for 4 units. The applicant is requesting a variance in order to construct 5 units. Landscaping Standards STAFF: Approximately 34.8% of the lot is proposed to be landscaped. This is sufficient to meet the landscape requirements of the RM district. V Comments from other departments: Fire Dept: See Attachment A Police: See Attachment B Building: See Attachment C Public Works: See Attachment D Wastewater: See Attachment E Planning: See Attachment F VI Recommended Conditions of Approval 1 . The site plan review is subject to the approval of the variance. 2. The proposed development shall be in substantial conformance with the preliminary plan. Page 6 - Staff Report ...,.'~ -"--'1f"~'._----" >-- '- EXHIBIT II A" Page 7 of 25 3. Comply with vision clearance standards per Chapter 8 and 9 if applicable. 4. Comply with parking requirements of the Zoning Ordinance. 5. Comply with general planting specifications, buffering specifications and guidelines and maintenance standards as per the standards document (pgs 1 and 2) for site plan review/landscaping. 6. Curbing, striping, sprinkler system, lighting and bicycle rack shall be kept in good condition. Any damage shall be repaired within a timely manner. 7. On site construction shall not commence until the improvement plans have been reviewed and approved by the public works department and all right-of- way permits, systems development charges have been paid. Refer to part two Pg 9 of the standards document for site plan review (Randy Scott 982- 5247). 8. Prior to building permit issuance, pay appropriate systems development charges in effect at that time. Applicant shall show to the building department a set of approved engineering drawings and a site plan drawn to scale that indicates building location and setback distances to property lines. 9. Prior to occupancy permit issuance, the applicant shall comply with the conditions of approval established by the Planning Commission and submit one set of reproducible as-builts. 10. Conditions of approval also include the following attachments A through F. Page 7 - Staff Report ....-.-- --- ------.----.----r---.------- 1 .' EXHIBIT "A" - Page 8 of 25 WoodLwn If:h7d Memo To: Teresa Engeldinger, Planner City of Woodburn From: Bob Benck, Fire Marshal Woodburn Fire District Re: Apartment 749 Front S1. Date: Aug. 16,1995 SITE PLAN REVIEW COMMENTS WOODBURN FIRE DISTRICT A. ACCESS Appears to meet minimum requirements. B. FIRE FLOW : Minimum flow requirement is 2000 gpm. C. HYDRANTS: Two hydrants within 500 feet of the structure are required. D. SPRINKLERS / FOC : Not required E. ALARM SYSTEM : A manual alarm system will be required in additio1 to local smoke detectors unless individuals dwelling units and contiguous attic and crawl spaces are separated from each other by 1 hour fire- resistive occupancy separations and each dwelling exits directly to the public way. F. PREMISE IDENTIFICATION: Street address numbers must be of contrasting material with its background, and visible from the public wa~l. : -~6 Nc;;.berg E:~_way ,;'" _'odbU::1, Oreg-x 9707: Attachment A -----...------.-------r-- f' , EXHIBIT "A" - Page 9 of 25 Woodburn 1J~ G. CONDITIONS FOR CONSTRUCTION AfX)roved building permits and plans must be on site. H. BUILDING PLANS : All plans must compy with Building Codes as adopted by the City of Woodburn. Uniform Fj'e Code compliance as adopted . . by Woodburn Fire District and the State of O~egon. Marion County Building department will conduct a Fire and Life safety review if required. I. Special Comments: None 1776 Nev.-beg Highv'1v Woodb.:::n, Oregon ~'-071 - ....-. -. ~ .--.. .... - "---~ - 1 '" "V""" I ,........., ~ity of Woodburn Police Department EXHIBIT" A" - Page 10 of 25 IMIJEIMI ([j) f&.ANJ[J)TIJIMI 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-2345 ~Scott Russell ~ Detective Date: August 9, 1995 To: Teresa Engeldinger, Planning Department ~. Thru: Lt. Don Eubank Re: SITE PLAN REVIEW 749 N.Front St., Woodburn, OR Andy Snegirev / Future Construction After reviewing this site plan, I would make the following comments: 1. Proper security lighting should be placed in front of and behind the new building and on the parking lot and access/easements. 2. Landscaping (shrubberylbushesltrees) should be no higher than 3 to 4 feet to allow observation of the building from the street. 3. New driveway approach should be clear of line of sight obstructions to facilitate safe traffic flow on to and off of Front Street. 4. Numbering on each unit should be such that it is easily readable by emergency personnel from the driveway of the complex. Please feel free to contact myself or U. Eubank if you need any further information or clarification. Attachment B ~.,_.."'..-,., ....--.. ...".---.....--.-...,.---., 1 -..,,----........- ~ ~. EXHIBIT "A" - Page 11 of 25 ' SUBDIVISIONI SITE PLAN REVIEW -- PRE-APPLlCA TIONI NOTES -------------------------------------------------------- REQUEST DATE: August 8, 1995 DEPARTMENT: Building CONTACT PERSON: Teresa Engeldinger, Planning Dept, 982-5246 APPLICANT: Andy Snegirev I Future Construction TYPE OF PROJECT: Site Plan Review of a 5-plex apartment unit. PROJECT LOCATION: 749 N. Front St. Woodburn OR 97071 T5S R1W Sec 7DC TL3000 TA42454000 CONFERENCE PLACE: Conference Room DATE: August 16, 1995 Woodburn City Hall TIME: 3:30 P.M. GENERAL INFORMATION TO APPLICANT I have read the information sheet provided me and understand that which is pertinent to my Site Plan Review/Pre-Application request. All materials are to be collated and folded. Signature - Ownerl Agent DEPARTMENT COMMENTS It At i,.L /;;k CcJ/\i,s' J;-vc -J;;~ . r/..H""S ShALL !elF .~ L' "n1, /Tcrj -k c.(.1v c.+- lVt."l-edl/'-'r"v ,(C-F /J1/'1/\Ie'~ .; ('~/},{'.i.'I( ~/;t:f [,.fIE ~ $/?-tETY PiAN r~t/;::"J." CA~r17,L.;4L I I J;;/LG T , rE11'/rEd. iJr lor J ?;; CA:s- /0/5 7r u r;.. 7: ~,,~ /V" t.V~r k $ h- At. L ThE .6'v t- 7/-/9$ h //y'ce' C /I N'IoiO ~r h~ Lc (.. A -red IIY /h c' S-' L.~ --r h;rl- c;' I::- /l r ~4 ~ Attachment C ~.__..._---....-......_"._~ ." ~, AIII!!-, EXHIBIT "An - Page 12 of 25; SITE PLAN REVIEW 149 N. Front Five-plex Randy Scott Public Works GENERAL CONDITIONS 1. Final plan shall conform to the construction plan review procedures and standards. 2. Comply with special setback of 40 feet in addition to the required front yard setback. 3. Driveway approach shall comply with Woodburn commercial standards. 4. Existing wells or septic tanks shall be abandoned in conformance with state regulations. 5. Sanitary and storm sewer service can be provided from existing mains at the rear property line at applicant's expense. 6. Domestic service can be provided from Front Street. Meter to be placed within the right-of-way. Backflow devices may be required depending on water usage. 7. Fire protection shall be as per the Woodburn Fire District's condition of approval. 8. All work shall conform to the City of Woodburn standard and specifications and all state building codes. FIVEPLEX Attachment D '..-................-..... 1r ~ EXHIBIT II A II - Page 13 of 25 ',. SUBDIVISIONI SITE PLAN REVIEW -- PRE-APPLlCA TIONI NOTES ~~~~~~~~~~~~~-~~~~~~~-~~~~~- REOUEST DATE: August 8, 1995 DEPARTMENT: Wastewater CONTACT PERSON: Teresa Engeldinger, Planning Dept, 982-5246 APPLICANT: Andy Snegirev I Future Construction TYPE OF PROJECT: Site Plan Review of a 5-plex apartment unit. PROJECT LOCATION: 749 N. Front St. Woodburn OR 97071 T5S R1W Sec 7DC TL3000 TA42454000 CONFERENCE PLACE: Conference Room DATE: August 16, 1995 Woodburn City Hall TIME: 3:30 P.M. GENERAllNFORMA TION TO APPLICANT 1 have read the information sheet provided me and understand that which is pertinent to my Site Plan Review/Pre-Application request. All materials are to be collated and folded. Signature - Owner/ Agent DEPARTMENT COMMENTS <6-{f.{ - 9s ,L"7 AveJ-I- Attachment E ...- ., . ~, .n EXHIBIT II A II - Page 14 of'25 SITE PLAN REVIEW 95-20 FRONT STREET APARTMENTS 5-UNITS PLANNING DEPARTMENT PRE-APP COMMENTS 8/16/95 Applicable approval criteria: 1. Woodburn Comprehensive Plan 2. Woodburn Zoning Ordinance Chapter 5 Permits and Enforcement Chapter 6 Planning Commission Chapter 7 Public Hearings Chapter 8 General Standards Chapter 9 Residential Standards Chapter 10 Off Street Parking, Loading & Driveways Private street standards Chapter 11 Site Plan Review '* Chapter 13 Variance Criteria Chapter 26 RM Multi-Family Residential District Landscaping Standards Sign Ordinance The following information is needed in order to review the application for completeness. This information must be submitted to the Planning Department no later than 4:30 PM AugustJ}l, 1995. Please note that a complete application must be submitted, reviewed and acceptea by the Planning Department at least 21 days prior to the scheduled Planning Commission hearing on September 14, 1995. Review for completeness takes 10 working days. A certified list prepared by a title company of property owners within 100 feet of the site. Appropriate application fees. Applicable sections of Zoning Ordinance: Chapter 8 General Standards Section 8.040. Special Setback Distances (a) (8) Front Street, Settlemier Avenue to North City Limits.......40 Feet Chapter 10 Section 10.010 (a) Section 10.050 (b)(2) Section 10.070 (a) through (i) Parking and Loading Area Development Requirements. Section 10.080 Driveway Standards (c), (I) (9) (a) (b) Attachment F --'~ ....,-...-._<..-.,-...,._,,~..~-~ 1 ~ ~, EXHIBIT II A II - Page 15 of 25 .~ Address variance approval criteria section 13.020 (a) through (f) if applicable. Review of the application is subject to Section 11.070 (a) through (h) of the Woodburn Zoning Ordinance. The applicant must submit 13 copies of a narrative addressing all of this approval criteria. Provide a site plan per Section 11.020 Site Plan Composition that shows circulation, access, parking/loading location and total number of parking spaces, total square footage of the proposed building, and the location of the existing landscaped areas with dimensions of those areas. Specifically address the following: location of entrances and exits and direction of traffic flow into and out of parking areas areas of turning and maneuvering of vehicles type, color and texture of exterior surfaces sign plan existing contours existing storm drainage/proposed storm drainage existing easements Provide information per VII of landscape policies and standards 1,2,3,4,5. Total area (sq ft) of the proposed landscaping needs to be broken into three major components: Total square footage of site Street frontage landscaping sq. ft and % of site Parking lot landscaping sq. ft and % of site buffer strip landscaping SQ. ft and % of site Total % of site landscaped Indicate total square footage of impervious surface. The proposed use is allowed per chapter 26 section 26.010 (11) Show compliance with section 26.040 height section 26.050 rear and side yard setback section 26.060 front yard setback section 26.070 landscaped yards section 26.080 lot area and width '. .---.- ._- T ~ :. ~~~- -~~~ EXHIBIT "A" - Page 16 of 25 Provide thirteen (13) copies of application, site plan, and supporting documents for Planning Commission Members and staff. General Conditions and Recommendations 5taff's recommendations to the Planning Commission will include Police Department comments. Staff feels these recommendations lend compliance with the Comprehensive Plan Policies. landscaping, play areas (tot lots),lighting, anti-graffiti paint are just some techniques that can be utilized to combat some of the problems identified by the Police Department. Meet landscaping requirements. Provide irrigation plan following preliminary approval. Meet sign ordinance requirements if applicable. Meet parking standards for parking spaces and driveway dimensions and access spacing. Provide a preliminary lighting plan. A final a lighting plan shall be submitted to the Police Department following preliminary approval. After preliminary approval by Planning Commission, the developer shall submit engineering plans to Public Works Department (see part two pg. 9 Standards Document for Plan Review) . After Engineering approval, building permits may be issued. Please call if you have any Questions. Community Development Department 982-5246 "'~~."--'-'------"-"" ., EXHIBIT "A" - Page 17 of 25 RECEIVED NOV 1 4 1995 SITE PLAN APPLICATION FOR 11,000 SQFT, RM DISTRICT PROPERTY AT 749 FRONT ST NORTH OF HARISSON FOR USE OF APARTMENT COMPLEX 5-UNITS APPLICANT/OWNER ANDY SNEGIREV 34095 S HWY 213 MOLALLA, OR 97038 503 829-3519 PROJECT NAME FRONT ST. APARTMENTS DEVELOPER/BUILDER FUTURE CONSTRUCTION P.O. BOX 1166 MOLALLA OR 97038 503 829-3519 LEGAL DESCRIPTION TAX & ACCOUNT NO 42454000 STATEMENT OF INTENT It is Andy Snegirev intent to utilize this property for a 5-Plex. Presently the site is an existing 8-Plex, Which is in need of a major repair, It is my intention to demolish the old building and replace iT with a new 5-Plex. Which will further enhance the neighborhood. The.5-Plex will be profesionaly managed. ........_d___._._m... .-- 1 ......-^ EXHIBIT" A" - Page 18 of 25 ^- Section 11.070. Criteria for Evaluating a Site Plan. The following criteria shall be used in evaluating a Site Plan: (a) The placement of structures on the property shall minimi7.e adverse impact on adjacent uses. (b) Landscaping shall be used to minimi7.e impact on adjacent uses. .,. (c) Landscaping shall be so located as to maximize its aesthetic value. Cd) Access to the public streets shall minirni7.e the impact of traffic patterns. Wherever possible, direct driveway access'shall not be allowed to arterial streets. Wherever possible, aq:eSs shall be shared with adjacent uses of a sirni1i;rr nature.. (e) The design of the drainage facilities shall minimi7.e the impact on the City's or other public agencies drainage facilities. "'j .. (f) The design encourages energy conservation, both in its siting on the lot, and its accommodation of pedestrian and bicycle traffic. (Note: specific s~lar access provisions are described in Section 8.200.) . . (g) The proposed site development, including the architecture, landscaping and graphic design, is in conformity with the site development requirements of this Ordinance and . with the standards of this and other ordinances insofar as the "location and appearance . of the proposed development are involved. ..~ (h) The location, design, color and materials of the exterior of all structures and signs are campanale with the proposed development and appropriate to the character of the immediate neighborhood. , EXHIBIT "A" - Page 19 of 25 APPLICANT (A) All structures to be placed on the site will be less than 25 feet in height and will be placed within the set back bounderies of the RM district as they apply to the subject site.The structures will be located in such a manner that no adverse impacts to the adjacent pro- perties will occur. (B) Landscaping has been designed to provide a residential appearance to the 5-plex (C) Landscaping has been designed to provide a residential appearance to the 5-plex, included in the landscape design, lawn, shrub area, planter baskets also there is 15 feet of buffer at the rear of the building which will include trees and grass and as well as 5 feet buffer on the side yard of the property and a5 feet buffer between the city side walk and parking area which will provide a visual softening and a physical buffer between the public street and the 5-plex while maintaing visual access for safety and security (D) Traffic access at the entrance will have arrows showing the direction of the traffic there are no adjacent uses of a similar nature therfore no shared access whith adjacent uses proposed. (E) ~ite drainage has been designed to utilize exsisting city facilities which have sufficient capacity to absorb any excess drainage generated by the proposed development (F) The propsed 5-plex placed on the property will meet the city and state uniform code requirement and none will be of sufficient size to shadow or reduce solar access to the adjacent properties: nothing at the site design gill inhibit or prevent the ability of cyclis~ we will provide access and a bike rack (G) Due to the fact of the 5-plex the site is designed to have a residential appearance and design of the landscape and the siting of the building which is proposed, better than the eXisting 8-plex that has no lan- dscaping and no asphalt pavement over all the new 5-plex will have more positive appearanc~. (H) The character of the immediat neighborhood is a mixture of residential homes, due to the overall design of the site including the landscaping, structural siting, the tope colors of the wooden structures that this project will further enhance the character of the neighborhood. --. .__.. ---.-..--.. -_.. ~ EXHIBIT "A" - Page 20 of 25 Application: # App rec'd by: . Date: Receipt: .~ VARIANCE APPLICATION ^^^^,^^^^^A^^A.^^^,~^^^,^^^^^^^AAAA^^^^^^^^^^^^^^^^^^^^^^^ DIRECT QUESTIONS TO: NAME Andy Sneqirev PHONE: 503-829-3519 ADDRESS P. 0 BOX 1166 Molalla O. R 97038 1. We, the undersigned applicants, being owners of the property herein described, do hereby make application for permission to (list each variance separately): 1m proposinq to the planninq cornrnision to buid a 5-plex The lot area does not.rneet the requirement. The 5-plex is more conforming than the existing 8-plex Vt..t""Io)l.f:.. ~ ~ ~r JI.t)() ~ o.r::f raJ f-~ + e:.rtf,. 2. location of the property (street address, or if not addressed, then state the distance to the nearest intersecting street or known landmark) including the section, range and township: 74q n Frnnt S'T' Wnnnhnrn 0 ~ q7n71 3. legal description of the property as it appears on the deed: Map No. Tax Lot #(s) 4?4~4nrH) l~ , mock ,~ subdivision. NOTE: If a fraction of the lot, then attach a full description as if it were metes and bounds or attach a metes and bounds description, marked "EXHIBIT" A". 4. Zone in which property is located: RM 5. Attach a copy of the applicable Marion County Assessor's Map. Mark "EXHIBIT "B". 6. Plot plan to be attached, marked "EXHIBIT "C" and including land uses on surrounding lands in notification area, site layout of subject parcel and structures with dimensions and lot lines shown. The plot plan should show clearly the nature of the variance. Page 3 - V ARPROC-6/93 ~~~- ..,~----"",._,....,... ^ 'I' . 7. \JDITIONS for GRANTING a VA~~[ "A" - Page 21 of, ~.p::,,, Submit a detailed statement explaining why the request is being made. Address the variance or adjustment approval criteria given under "Considerations. lA-F. Attach and. mark .EXHIBIT "0". 8. NAMES AND ADDRESSES: Submit a list of all property owners within 100 feet of the subject's property boundaries. NAME ADDRESS & ZIP CODE 9. THE APPLlCANT(Sl ATTEST THAT: a) The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. b) If the variance application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval by the Planning Commission. c) All the above statements and the statements in the plot plan, attachments and exhibits transmitted herewith are true; and the applicant(s) so acknowledge that any permit issued on the application may be revoked if it be found that any such statements are false. DATE: / / day of A/ak/ltl,. ,19~ SIGNATURES of each owner (husband and wife) or contract purchaser. NAME -IJnJ, fV"4J\'M /2/ fl-, ADDRESS & ZIP CODE J o/t: ~. r- /?'tc)l Q II~ c )..)...J 'J .t t 'J d~ t; ,>,..' 11 Application received: By Date Page 4 - VARPROC-6/93 ..._.-----_w_ 1 V ARlANdE<HIBIT "A" - Page 22 of 25 ~....... -PURPOSE: The purpose of a variance is to vary or modify the strict application of the regulations of a zoning ordinance in a case where they would result in practical difficulties or unnecessary hardships. However, the purpose and intent of each regulation must be upheld. Variances are significant exceptions and applications are reviewed by the Planning Commission at a Public Hearing. This process usually takes thirty (30) days. The variance procedure may be applied to requirements governing lot area, lot width, percentage of lot coverage and number of dwelling units or structures permitted on a lot, height of structures, location, yards, signs, parking and loading space, and vision clearance. CONSIDERATIONS: The Planning Commission will consider the following approval criteria when reviewing a variance request: a) That there are unnecessary, unreasonable hardShips or practical difficulties which can be relieved only by modifying the literal requirements of the ordinance; b) That there are exceptional or extraordinary circumstances or conditions applying to the land, buildings, or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings or uses in the same district; however, nonconforming land, uses, or structures in the vicinity shall not in themselves constitute such circumstances or conditions; c} That granting the application will not be materially detrimental to the public welfare or be injurious to property or improvements in the neighborhood of the premises; d} That such variance is necessary for the preservation and enjoyment of the substantial property rights of the petitioner; e} That the granting of the application will not, under the circumstances of the particular case, adversely affect the health or safety of persons working or residing in the neighborhood of the property of the applicant; and f) That granting of the application will be in general harmony with the intent and purpose of this ordinance and will not adversely affect any officially adopted Comprehensive Plan. The applicant bears the burden of proof that the above approval criteria has been met. Page 1 - VARPROC-6(93 "...........-.-'."-- - ... EXHIBIT II A" - Page 23 of 25 ~.......,." A) It is my intention to build a 5 unit complex on the lot but acording to the city ordinance the lot area does not meet the city requirements,presently the site is an existing 8-plex which is in need of a major repair, It is my inte- ntion to demolish the old 8-plex, and replace it with a 5-plex. I believe the design of the 5-plex and site plan will further enhance the the neighborhood, instead of the existing structure. B) As indicated in criteria (A) the existing 8-plex has no pavement, landscaping, and in need of a major repair I believe that demolishing the old 8-plex and replacing it with a new 5-plex will further enhance the neighborhood and the property. C) The 5-plex will have a 6' fence in the back and there is an existing fence on each side of the property that will not be detrimental to neighbors, with the improvements to the property 1m quite sure that will not be detrimental to the neighborhood in any way. D) With acceptance by the planning commisi6n of our proposal we will be allowed to demolish the old 8-plex and complete the new 5-plex then we will be able to provide housing to people and better care for the property. E) As indicated above our 5-plex will be fenced at the back of the property and the side yards, also landscaped and asphalt paved parkway and professionally . managed, which will not have any adverse affect on the health or safety to the neighbors much less to the tenants and the property. F) My purpose and intent for wanting the acceptance of this application is to make the 5-plex more productive and easily rentable than the existing 8-plex, which will provide our tenants with living in harmony. ......--......._'-~._--- 1 .0. .. ~ -t-- - ,.... .,., --"-' - ." '-' ---.. -'..- --~-'---"'----'- .EXHIBIT ." A II' - Page 24 of 25n .. . . . . ~ffJl' . .. ~- FuIuI:e Construction P.O. Box 1166 . MoIaIIa. OR 97038 503- 829-3519 : '. t::J\, .~ .~IC<L_f . - I )00'1" ~.. . <= t.4.... " ~ . ,.' .\~ .,.4 C' -~:..t1 , ~ - Lf . ') I' 1 1 .. .. '" - ~ -0( ~ .; .- - ~ - .. 71~ I ( r I ~ -: \.. ~ C: . J:!!!t'C#J &;1<. o-flc-Jt .;t s:IOl't ~-6 G&4l" .,.,eM. T.r..\ ~r::-+- S.IOO. ,..,.,....,. Le'" foe.( .. f- -0 ')lI11 #11 ~ sr :rei w.otI"",cAl. 4J.( ,... "'+-~$If"" TO~I~4IJ~~ c.a+-c s: 2~ IDO .,.,W . :r 3 lJ 1 16. '1 .' 2. /. 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