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Res 1250 - App Site Plan 94-01 COUNCIL BILL NO. 1567 RESOLUTION NO. 1250 A RESOLUTION APPROVING THE APPLICATION IN SITE PLAN REVIEW CASE 94-01 (DALE BAKER AND TIMOTHY BROWN, APPLICANTS). WHEREAS, the Woodburn Planning Commission conducted a public hearing in Site Plan Review Case 94-01, and WHEREAS, the matter was appealed to the Woodburn City Council, and WHEREAS, the City Council noticed and held another public hearing on the matter, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The application in Site Plan Review Case 94-01 (Dale Baker and Timothy Brown, Applicantsl is approved. Section 2. Approval of the application in Site Plan Review Case 94-01 is granted subject to the conditions attached hereto as Exhibit" A" and by this reference, incorporated herein. Section 3. Approval of the application is based upon evidence in the record before the Woodburn City Council and is based upon and justified by the Findings of Approval attached hereto as Exhibit "B" and, by this reference, incorp rate herein. Approved as to for~~ if ~ ---:f +- 7 Lf- City Attorney APPROVED: ~ ~~Date Len Kelley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST:---L2J~ I~--sf- Mar ennant, City Recorder City of Woodburn, Oregon July 11, 1994 July 12, 1994 July 12, 1994 July 12, 1994 Page 1 - Council Bill No. 1567 Resolution No. 1250 .. r- Exhibit nAn Page 1 of'1 EXHIBIT "An CONDITIONS 1. Reduce the size of parking spaces (Nos. 4 and 5) on the site Phase II from the stall standard of 19' x 9' to a compact car stall standard of 15' x 9' or remove these two parking stalls from the parking inventory. (Council action) 2. Meet the landscape standards for a five-foot landscape strip adjacent to Country Club Road as prescribed in Section 30.060 of the Woodburn Zoning Ordinance. (Council action) 3. A sound barrier be built to protect the property owner immediately east of the site from the traffic noise that the realignment of Country Club Road and Oregon Way would generate. (Commission action) .......- . T"'" - ,-,-- Exhibit "A" Page 2 of 9 CONDITIONS OF APPROVAL FOR BOTH PHASES A, The proposed development shall be in substantial conformance with the preliminary plan. B. The applicant shall comply with the sign ordinance standards. C. Approved backflow devices and grease traps shall be required. (Ann O'Roke Wastewater Department 982-5283) . . D. After preliminary approval, submit lighting plan to the Planning Department .. for review. (Teresa Engeldinger Planning Department 982-5246) E. Submit sign plan to Building Official for approval and permit, ( Bob Arzoian 982-5250) F. Because the subject property abuts a State Highway, the request may be subject to additional conditions of approval. G. If the realignment does not commence within one year, the applicant shall request in writing an extension of approval for phase II. The request shall be made to the Planning Department at least 30 days prior- to the expiration date. H. On-site construction shall not commence until the improvement plans have been reviewed and approved by the Public Works Department and all right-of- way permits, system development charges have been paid. Refer to Part Two page 9 of the .Standards Document for Site Plan Review.. (Randy Scott Public Works 982-5247) I. Upon acceptable completion of all Improvements to be maintained by the City, the applicant shall provide the City a maintenance bond good for one year, in the amount of 10% of the Improvement cost. ' J, Prior to building permit issuance, pay appropriate Systems Development Charges in effect at that time. -....-.- M. ,.,,_., ...'."~ Exhibit "A" Page 3 of 9 K. Conditions of approval also include the following attachments; Attachment B - Woodburn Fire District Attachment C - Woodburn Police Department Attachment D -Building Department Attachment E - Wastewater Department L. Prior to occupancy permit issuance, the applicant shall submit one set of reproducible as-builts to Engineering Department. SPECIFIC CONDITIONS OF APPROVAL PHASE II A. Development approval is conditioned upon applicant acquiring title to the property to be vacated by the City of Woodburn. B. Comply with Attachment A - Public Works comments. . .... Exhibit "A" Page 4 of 9 SITE PLAN REVIEW SANDWICH EXPRESS GENERAL COMMENTS - PHASE TWO: 1. Access on OSH214 should be restrioted to right in-right out movement. 2, Sidewalks shall be required. 3. Driveway approach shall conform to city commercial standards, 4. Additional storm runoff will require a permit and approval from Oregon Department of Transportation. 5. Sanitary services can be provided. 6. Water service can be provided. - . 7. Fire protection shall be as per the Woodburn Fire District's condition of approval. .- ,.. ._,., o Exhibit "A" Page 5 of 9 1-::\ -,; vv~ ~ MEMO TO: Teresa Engeldinger, Planner Uty of Woodburn FROM: Bob Benck, Fire Marshal Woodburn Fire District RE : Sandwich Express DATE: Jan. 05, 1994 Site Plan Review Comments WOODBURN FIRE DISTRICT' A ACCESS: Existing roadways provide the necessary access for emergency purposes. B. FIRE FLOW: 1500 gpm C. HYDRANTS: Adequate hydrants are provided in the area. D. SPRINKLERS IFDC: Not required . E. ALARM SYSTEM: Not required F, PREMISE IDENTIFICATION: Address to be located and visible from the public way. G. CONDITIONS FOR CONSTRUCTION: No conditions apply H. BUILDING PLANS: All FIre and Life Safety review must be completed by Marion County Building Department prior to the issuance of construction permits. All buildings must meet minimum Code requirements as established by Uty, County, and State regulations. Final inspection for fIre code purposes shall be conducted prior to opening to the general public. 1776 Ne\.\'berg Highway Woodburn, Oregon 97071 .' 't -. "I'-;'~' 'ie (C CITY OF WOODBURN POLICE DEPARTMENT Exhibit "A" Page 6 of 9 ~~~(Q)~!M[Q)(lJJ~ Paul Nun Services Ueutenant Woodburn, Oregon 97071 982-2345 Ext. 352 January 12, 1994 TO: Teresa Engeldinger, Planning Dept. RE: Site Plan Review - Sandwich Express The following Is a list of recommendations regarding the site plan review of Sandwich Express. 1. In order to deter the likelihood of businesses becoming a victim of burglaries, It Is highly recommended that the store be pre-wired for an alarm and that a hold-up and Intrusion alarm systems be Installed. 2. Lighting plan for parking, pedestrian and security be submitted. It Is recommended that the builder consider the use of Low Pressure Sodium Vapor Lighting for the parking lot. 3, No vehicular entry or exit oft Hwy. 214. 4, Stop Sign be posted at exit driveway, 5. Shrub (Shore Pine) at Country Club exit may cause visual obstruction for drivers (Phase 2 Plan.) ,. "-""r- '''0, ~UliUIVI~IUN/ ~"r"'...AN tU:VII:VV - ~HI:-A~~1i.:(7.y IUI'" I"'V II:'>. ^^^^^^^^' .. . Exhibit "A" Page 7 of ~ REQUEST DATE: /-4-91 DEPARTMENT: DU./1dr1J CONTACT PERSON: Teresa Engeldinger; Planning Dept, 982-5246 APPLICANT: 'BAKuf/ByvY/ TYPE OF PROJECT: &:in/Wit-V) eXpress PROJECT LOCATION: CO"<Y'o.e...... c1J ~iC.lu.b ( 5S/~..v /2,4'1> TL/1!Jpol) CONFERENCE PlACE: Conference Room Woodburn City Hall A- S o-P Dv. H-w'f 21~ DAf-/7_ (1;;{ . ear e . TIME: /:!30 r GENERAL INFORMATION TO APPUCANT I have read the Information sheet provided me' and understand that which Is pertinent to my Site Plan Revlew/Pre-AppRcatlon request. All materials are to be collated and folded. Signature - Owner/Agent DEPARTMENT COMMENTS /..L 6E ~" . - TO ~I . (' < f>,A,.k,i.J.. /J DfI '/'c 1 VI r~/rlIFAI T.? , r J? tlI t~W Shli/..L. ebhlPI. 'f w,'n ALL 4LL feE~ s h /?L L pf P.4,J p/"It?r " , ~ # , f S SV /9A.JC e t? f J::{/I1 cI uv ~ . PERmIt: I At.t.- c-A~Efr1E.){T9 . , Ch -"ILL 6~ c/, /A'A/EJ Pr/~J.- , ,. /? ' Ji; Co A/~ t;..bL 7:'0-,..,. .I d WI," . r If '1'-" rE' J .(' rC;rJ a D.6]: , Pnt> r 70 CbAJ$ '"/#'{,J(' "'-;crn -fo-r N l..U V. ;2 I J..t / / THE FOLLOWING IS REQUIRED AFTER PRE-APPLICATION CONFERENCE: 1) Eight (8) copies of Final Plan must be brought into Public Works 2) "As Builts" must be provided prior to issuance of the building permit SPRPRE. FHl .. , .. - . T.' ... _ ......k.>...."~._,..___....._.~..._~ " If'""t 'to .~ . liP'"', ,- '\...; -" Exhibit "A" Page 8 of 9 CITY OF WOODBURN CONSTRUCTION REQUIREMENTS BACKFLOW PREVENTION DEVICES 1. .- FIRE LINE- If any antifreeze or chemicals are used in the fire system an approved reduced pressure device (RP) must be installed on the fire line and on the bypass line. . If no chemicals are used, an approved double check detector check assembly (DCDC) may be used. The detector meter register must be located on the bypass line outside any enclosed building or structure. This will enable the Water Department personnel to read the meter. meter RP or DC Water Meter RP or DC ---) 2. DOMESTIC WATER LINE- A reduced pressure device is required unless otherwise noted. The reduced pressure device is necessary where there is a potential for a cross connection with substances that could cause a health problem. A double check device would be required if where contamination would be considered a nuisance. 3. IRRIGATION LINE- . A reduced pressure device is required where chemicals or fertilizer are used in the irrigation system. A dOUble check, pressure vacuum breaker or atmospheric vacuum breaker is required if no chemicals are used. . All devices must be installed adjacent to the water meter. The device must be inspected by a State certified tester after installation. The test results mailed to: City of Woodburn 2815 Mola11a Rd. Woodburn, OR. 97071 WASTE TREATMENT Waste treatment systems are required where tlie facility discharges material into the sewer that could be harmful to City personnel, the sewerage system, or the environment. 1. GREASE TRAP/OIL & SAND SEPARATOR- Requirements'are found in the Oregon Uniformed Plumbing Code. A grease trap of at least 20 gpm/40 Ibs capacity is required in restaurants, bakery, meat departments and other similar facilities. A properly sized separator is required for all car washes, gas stations and similar facilities. . ",...- r ~,.,. 4 C'~ Exhibit "Au Page 9 of 9 2. WASTE TREATMENT SYSTEM- More complex systems may be required to reduce organic loading, metals, toxic and flammable materials, and other pollutants. The new facility would be required to complete an application .' regarding it's production and waste discharge. ." , ~.._..,.__...,~_... ""~-' Page 1 of 5 EXHIBIT "B" FINDINGS OF APPROVAL I. Nature of Proceedinas On March 24, 1994, the Woodburn Planning Commission acknowledged staff's administrative approval of a 1,950 square foot "Sandwich Express" (Site Plan No. 94-01) and approved a request for a variance to the landscaping standards (Variance No. 94-03). The Planning Commission's approval of the site plan and the variance were then appealed to the Woodburn City Council on April 1, 1994. At its April 25, 1994 meeting, the City Council acknowledged the appeal of the decisions and set May 9, 1994 as the public hearing date. On May 9, 1994, the City Council heard testimony and continued the public hearing until May 23, 1994. On May 23, 1994, the Council heard additional testimony regarding Site Plan Review No. 94-01. The application in Variance No. 94-03 was withdrawn by the applicant in a letter dated May 10, 1994 which agreed to an additional condition on the site plan approval. The Council then closed the May 23rd public hearing and remanded the record to the Planning Commission for further study and recommendation. The Planning Commission met on June 9, 1994 and reviewed the transcribed record of the Council. The Commission then recommended that the Council approve Site Plan Review No. 94-01 with the conditions recommended by staff. On June 13, 1994, the Council received the recommendation of the Commission and tabled deliberation on the matter until the June 27, 1994 meeting. On June 27, 1994, the Council removed the item from the table, engaged in deliberation, and passed a motion directing staff to prepare findings of approval for presentation at the July 11, 1994 Council meeting. Exhibit "B" Page 2 of 5 II. Findings of Fact A. Facts. 1 . The facts concerning the application are contained in the public testimony heard before the Woodburn City Council on May 9, 1994 and May 23, 1994, including, but not limited to, the staff report with attachments which was introduced into the record at the time of the hearing. 2. The subject parcel is located at the northeast corner of Country Club Road and State Highway 214 and is described as Lot 1, Block 55 of the Woodburn Senior Estates No.6 subdivision within the City of Woodburn, Oregon. 3. The Woodburn Comprehensive Plan presently designates the property Commercial. 4. The Woodburn Zoning Ordinance presently designates the property Commercial General. 5. The proposed use, a restaurant, is a permitted outright use in this zone. 6. The request complies with the special setback distances along Highway 214 because it exceeds the 50 foot setback standard. 7. The applicant has received approval from the Oregon State Department of Transportation for a driveway egress, "right turn only," onto Highway 214. 8. The City will allow an ingress/egress driveway from Country Club Road. 9. The site plan proposal is based upon the planned realignment of Country Club Road by the City with site to be located in the proposed vacated portion of Country Club Road. 10. The location of the site in the proposed vacated area would allow the realignment of Country Club Road at the Highway 214 intersection. This realignment will eliminate one of the two presently existing traffic signals and result in smoother traffic flow. B. Relevant Aooroval Criteria 1. Woodburn Comprehensive Plan: Goal: 1-1. Establish a framework for the development of facilities to move persons and goods in as safe, effective and efficient a manner as possible under projected year 2000 traffic conditions. See City of ..-" .... ..-..__.,~-~.~..- Exhibit "8" Page 3 of 5 Woodburn Transportation Plan (Ordinance e 1915l Chapter IX, page 52, Comprehensive Plan. Policy: 1-1-4. To insure that state and federal highways with routes through the city are improved in accordance with projected traffic volumes and the elements contained with this plan. 1-2-3. Promote optimum efficiency within the transportation system by the use of traffic management techniques including access controls on major arterials and the utilization of available transit system capacity prior to the construction of major new transportation facilities. 2. Woodburn Zoning Ordinance a. Chapter 5 Permits and Enforcement b. Chapter 6 Planning Commission c. Chapter 7 Public Hearings d. Chapter 8 General Standards e. Chapter 10 Off Street Parking, Loading & Driveways Private Street Standards f. Chapter 11 Site Plan Review: Section 11.070. Criteria for Evaluating a Site Plan. The following criteria shall be used in evaluating a Site Plan: (al The placement of structures on the property shall minimize adverse impact on adjacent uses. (b) Landscaping shall be used to minimize impact on adjacent uses. (c) Landscaping shall be so located as to maximize its aesthetic value. (d) Access to the public streets shall minimize the impact of traffic patterns. Wherever possible, direct driveway access shall not be allowed to arterial streets. Wherever possible, access shall be shared with adjacent uses of a similar nature. (e) The design of the drainage facilities shall minimize the impact on the City's or other public agencies drainage facilities. (fl The design encourages energy conservation, both in its siting on the lot, and its accommodation of pedestrian and bicycle traffic. (Note: specific solar access provisions are described in Section 8.200l ..' .- "..~...,~"'_., .,~,.,...,--,.~~~-~~,- Exhibit "B" Page 4 of 5 (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 ordinance 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 compatible with the proposed development and appropriate to the character of the immediate neighborhood. g. Chapter 29 Commercial Retai21 District h. Chapter 30 Commercial General District 3. Landscaping Standards 4. Sign Ordinance III. Conclusions of Law A. The development proposal is in accordance with the City's Transportation Goals and Policies as set forth in the Comprehensive Plan in that the site development is compatible with, and allows for, the realignment of the Country Club Road/Highway 214 intersection. With the realignment, one of the two present traffic signals will be eliminated. A smoother flow of traffic will result from the improved road configuration and the increased green light cycle on Highway 214 at the realigned intersection. B. The proposed use is consistent with and has complied with the Comprehensive Plan by addressing the relevant criteria in the Zoning Ordinance. C. The proposal complies with the General Standards of the Zoning Ordinance in that the special setback distance of 50 feet from the centerline of Highway 214 has been met. D. The proposal complies with Off Street Parking, Loading and Driveway Standards in that adequate parking spaces are provided. E. A restaurant is an allowed use in the Commercial General District. In fact, the use is a less intense use than that which is permitted in the zone. Restaurants are an allowed use in the Commercial Retail District and Commercial Retail businesses are allowed in the Commercial General Zone. F. The proposal meets or exceeds the Landscaping Standards required. G. The proposal complies with the Sign Ordinance standards ,"," T " Exhibit "B" Page 5 of 5 H. As to the specific conclusions in regard to the Site Plan Review Criteria: 1. The placement of the structure minimizes the adverse impact on the adjoining uses. The placement allows the proposed realignment of Country Club Road and does not create adverse impacts on the uses surrounding the property. 2. The proposed landscaping is a substantial improvement over that on the existing site and is effective to minimize impact on adjacent uses. 3. The proposed landscaping is incorporated to maximize the aesthetic value of the site. The generous use of established permanent trees, ornamental and annual set-ins will set off the classic Victorian architecture of the proposed building. 4. Extreme care has been taken to assure that access to the public streets has minimal impact on traffic patterns. Access onto Highway 214 is limited to a driveway egress, "right turn only". Additional access onto Country Club Road is minimized by allowing only one ingress/egress driveway to the site. Sharing access to the site with the adjacent use was not possible. 5. The design of the drainage facilities will minimize the impact on the City's and State's drainage facilities. A retention plan that meets the City's requirements will be submitted and stamped by a licensed engineer. 6. The design encourages energy conservation both in its siting and its accommodation of pedestrian and bicycle traffic in that the new construction meets or exceeds all requirements of the State Energy Code and the Uniform Building Code. Pedestrian walkways are included on the site as well as a bicycle rack near the entrance. These components of the site design also encourage the maximum accommodation for bicycle and pedestrian access. 7. The site, including the architecture, landscaping and graphic design, is in conformity with the Zoning Ordinance and other applicable ordinances in regard to location and appearance of the proposed development. 8. 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. The effect created by the building's location (on the corner of the site, at an angle) is appropriate to the development. The Victorian architecture. light yellow color with white trim), and traditional materials are compatible with, and provide enhancement to, the immediate neighborhood. '"' Attachment 2 to Exhibit "C" Exhibit "c" Page 8 of 8 Affidavit Of Publication County of Marion } ~. STATE OF OREGON, I, Les Reitan ,being first duly sworn, depose and say I am the PUBLISHER of the Woodbum Independent, a newspaper of general circulation as defined by ORS 193.010 and 193.020, printed and published at Woodburn in the aforesaid county and state, that the PCW 942301 notice of street vacation , a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for two week/weeks in the following issues: Mav 25 and .Tlln" 1 ,lQ9JI LM~~ Subscribed and sworn to before me this 1st day of June, 19:14 Lh . / /L-tx~<' . (1_~~~~- Notary Public for Oregon (My Commission Expires 9/12/95 ) - . OFFICIAL SEAL . I MARIE C. BERNARD \, / NOTARY PUBLIC. OREGON ". ..' COMMISSION NO, 007610 MYCOMMISSION EXPIRES SEPT 12. 1995 '" '"