Analyses & Findings Analyses... · · 2017-09-08applicable for the highest type decision requested. ... distance from finished grade to highest segment of parapet is 21 ft

DR 2017-04, VAR 2017-04 & 07 Staff Report Attachment 102

Page 1 of 36

Analyses & Findings This attachment to the staff report analyzes the application materials and finds through simple

statements how the application materials relate to and meet applicable provisions such as

criteria, requirements, and standards. They confirm that a given standard is met or if not met,

they call attention to it, suggest a remedy, and have a corresponding recommended condition

of approval. Symbols aid locating and understanding categories of findings:

Symbol Category Indication

Requirement (or guideline) met No action needed

Requirement (or guideline) not met Correction needed

Requirement (or guideline) not applicable No action needed

Requirement (or guideline) met, but might become unmet because of condition applied to meet separate and related requirement that is not met

Plan sheets contradict each other

Other special circumstance

Revision needed for clear and consistent records

Section references are to the Woodburn Development Ordinance (WDO).

Table of Contents Location ......................................................................................................................................................... 2

Land Use & Zoning ........................................................................................................................................ 2

Statutory Dates ............................................................................................................................................. 2

Design Review Provisions .............................................................................................................................. 3

Variance Provisions ..................................................................................................................................... 26

Recommended Conditions of Approval ...................................................................................................... 33

Applicant Identity ........................................................................................................................................ 35

Notes to the Applicant ................................................................................................................................ 35

http://www.ci.woodburn.or.us/sites/default/files/11-10%20revised%20web%20Ordinance%20Bookcopywmaster_36.pdf#page=543


Page 2 of 36

Location Address(es) 1299 N. Pacific Hwy

Tax Lot(s) 051W 08DB 02400

Nearest intersection

N. Pacific Hwy (U.S. 99E) & Alexandra Ave

Land Use & Zoning Comprehensive Plan Land Use Designation Commercial

Zoning District Commercial General (CG)

Overlay District(s) None

Existing Use(s) None because, though previously developed, the site is vacant

For context, adjacent zoning is as illustrated and tabulated below:

Zoning Map Excerpt

Cardinal Direction Adjacent Zoning

North Street right-of-way (ROW), CG across street

East Road right-of-way (ROW), CG across road

South CG

West Single-family Residential (RS)

Statutory Dates

Application Completeness

August 10, 2017

120-Day Final Decision Deadline

December 8, 2017 per Oregon Revised Statutes (ORS) 227.178. (The nearest and prior regularly scheduled Commission date is November 9, 2017.)

https://www.google.com/maps/place/1299+N+Pacific+Hwy,+Woodburn,+OR+97071/@45.1474825,-122.8355162,254m/data=!3m1!1e3!4m5!3m4!1s0x54955dd36c4f3f9d:0x3692d0b4a7ec4942!8m2!3d45.1475181!4d-122.8352706

https://www.oregonlegislature.gov/bills_laws/ors/ors227.html


Page 3 of 36

Design Review Provisions

4.01.07 Consolidated Applications An applicant may request, in writing, to consolidate applications needed for a single development

project. Under a consolidated review, all applications shall be processed following the procedures

applicable for the highest type decision requested. It is the express policy of the City that

development review not be segmented into discrete parts in a manner that precludes a

comprehensive review of the entire development and its cumulative impacts.

5.03.02 Design Review, Type III A. Purpose: The purpose of Type III design review is to ensure that new buildings or additions to

existing buildings comply with Land Use and Development Guidelines and Standards of this Ordinance

(Sections 2 and 3).

B. Type III Design Review is required for the following:

1. Non-residential structures in residential zones greater than 1,000 square feet in the RS, R1S,

RM, and P/SP zones.

2. Multi-family dwellings not meeting all architectural design guidelines and standards.

3. Structures greater than 2,000 square feet in the CO, CG, MUV, DDC, and NNC zones.

4. Structures greater than 3,000 square feet in the IP, IL, and SWIR zones.

5. For sites with existing buildings in the CO, CG, MUV, DDC, NNC, IP, IL, and SWIR zones;

expansions or new buildings that increase lot coverage by more 25%.

6. Change of use that results in a greater than 25% increase in required parking.

The proposal is for a structure greater than 2,000 square feet (sq ft) in the CG zone and so per

subsection B.3 requires a Type III Design Review.

The requirement is met.

2.03 Commercial Zones A. The City of Woodburn is divided into the following commercial zones:

2. The Commercial General (CG) zone is the community’s primary commercial area, providing for

businesses requiring extensive land intensive outdoor storage and display of merchandise,

equipment, or inventory.

B. Approval Types (Table 2.03A)

1. Accessory Uses (A) are allowed outright, subject to the general standards of this Ordinance.


Page 4 of 36

Uses Allowed in Commercial Zones Table 2.03A

Use Zone

Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P) Special Permitted Uses (S) Specific Conditional Uses (SCU)

CG

B Commercial Retail and Services

22 Retail trade offering goods and services directly to customers

P

The proposed use matches a permitted use in Table 2.03A Uses Allowed in Commercial Zones, B

22, “Retail trade offering good and services directly to customers”.


Commercial General (CG) - Site Development Standards

Table 2.03C

Lot Area, Minimum (square feet)

Lot Width, Minimum (feet)

Lot Depth, Minimum (feet)

Street Frontage, Minimum (feet)

Front Setback and Setback Abutting a Street, Minimum (feet) 5 1

Abutting RS, R1S, or RM zone 10 4

Abutting CO, CG, DDC, NNC, P/SP, IP, SWIR, or IL zone 0 or 5 4, 5

Setback to a Private Access Easement, Minimum (feet) 5

Lot Coverage, Maximum Not specified 2

Outside Gateway subarea 70

Western Gateway subarea 50

Eastern Gateway subarea 40

Features not used for habitation 100

1. Measured from the Special Setback (Section 3.03.02), if any

2. Lot coverage is limited by setbacks, off-street parking, and landscaping requirements.

4. A house of worship shall be set back at least 20 feet from a property line abutting a residential zone or use.

5. A building may be constructed at the property line, or shall be set back at least five feet.

Setbacks: Front & Abutting a Street

Footnote 1 in the Table refers to the Special Setback, which 3.03.02A. describes as follows:


Page 5 of 36

“Special Setbacks are necessary when the existing street right-of-way is less than the designated right-of-

way in the Woodburn Transportation System Plan. Special Setbacks ensure that development will

conform with setback and vision clearance requirements, after a full right-of-way has been acquired.”

Table 3.1.1. Special Setback by Street Classification establishes the number of feet (ft) from

each side of centerline for planned right-of-way (ROW) by street class, and Transportation

System Plan (TSP) Figure 7-1 Functional Classification Designations establishes the class of a

given road or street within the Urban Growth Boundary (UGB).

N. Pacific Highway / U.S. 99E: Fig. 7-1 designates it as a Major Arterial, for which Table 3.1.1

requires 50 ft from centerline, i.e. 100 ft total ROW. Per City Geographic Information System

(GIS) measurement, the highway ROW along the site is a consistent 88 ft total. Because the

ROW from centerline is 44 ft and so short of 50 ft, the Special Setback affects the property and

adds the difference of 6 ft to the total minimum setback from the east/southeast present

property line. The true minimum east/SE minimum setback is 5 + 6 = 11 ft.

Alexandra Avenue: Fig. 7-1 designates it as a Local Street. Of the three options of 50, 52, or 60-

ft planned ROWs for Local Streets, current policy of Public Works staff is to assume the widest

of these three options: 60 ft. Because the street ROW along the site is a consistent 60 ft, the

Special Setback has no effect on the north/northeast minimum setback of 5 ft.


Setbacks: Sides & Rear

The definitions under “Lot Line” in 1.02 determine that for subject property the north/NE lot

line Alexandra Avenue is front and the south/southwest lot line is rear. For a corner lot “the

architectural front of the existing or contemplated primary building” determines what is front.

Because the elevations indicate that the main entrance is on the north façade, this makes the

north/NE lot line into the front. Because the rear must be opposite the front, this in turn makes

the south/southwest lot line into the rear. The remaining north/northwest lot line is a side.

The proposal is as follows:

Setback Minimum Proposed

Front N/NE 5 ft 58 ft

Abutting a Street E/SE 11* 25

Rear S/SW 0 or 5 15

Side W/NW 10** 174½

Private Access Easement

5*** 120

*Including the Special Setback


Page 6 of 36

**Greater than zero or five because subject property abuts RS zone

***Site plan delineates existing private access easement north-south between Alexandra Avenue and

Tax Lot 051W 08CD 00100 (1665 James Street)


Height

The maximum height is 70 ft measured per 1.02 Definitions “Building Height” and Fig. 1.02B.

The proposal with finished grade is for a flat site and a flat-roofed building with a parapet. The

distance from finished grade to highest segment of parapet is 21 ft.


2.05 Overlay Districts

Because the site has no environmental or zoning overlay district(s), the requirements are not

applicable.

2.06 Accessory Structures

Because the proposal has no altered or new accessory structures, the requirements are not

applicable.

2.07 Special Uses

Because the proposal involves no Special Permitted Use, the requirements are not

applicable.

3.01 Streets 3.01.04B. All public streets under the jurisdiction of the City of Woodburn shall comply with the cross-

sections depicted in this Section.

Requirement not Met: Because N. Pacific Highway / U.S. 99E, presently a Major Arterial with

88-ft ROW, is narrower than the 100-ft cross section in Fig. 3.01B, additional ROW is required

and so dedication of (100-88)/2 = 6 ft of ROW is required. The site plan fails to indicate


Page 7 of 36

dedication of 6 ft along the present east property line to the highway ROW and to provide

documented evidence or proof of dedication.

The proposal fails to meet the requirement. Staff applies Condition D1a.

Context: Three public utility easements of different widths exist along the present east

property line as the site plan illustrates and describes. For this reason and to have clear and

sensible easements on record along with the ROW dedication, the applicant must revise and

shift easements to the new east property line as needed per City Public Works and Oregon

Department of Transportation (ODOT) requirements.

Staff applies Condition D1b.

3.01.04C. For local residential streets which are not identified in the Comprehensive Plan, rights-of-

way and improvements are determined by the Director at the time of development, based upon the

existing and future estimated average daily trips of the development and surrounding development.

Because Alexandra Avenue, presently a local street with 60-ft ROW, matches the cross section

in Fig. 3.01G, it requires no additional ROW and so no dedication or reservation.


3.02 Utilities & Easements 3.02.01B. A five-foot wide public utility easement shall be dedicated along each lot line abutting a

public street.

The requirement is met, but staff applies Condition D1c because of the context below.

Context: The proposal necessitates ROW dedication and shifting of public utility easements as

explained earlier in this document, and staff applies Conditions D1a and D1b to this effect. As a

result, because the requirement might become unmet, a condition is necessary to ensure that

the requirement would continue to be met.

Remedy: To meet the requirement of WDO 3.02.01B, the applicant shall provide a 5-ft wide

City utility easement along both abutting public streets per Condition D1c.

3.02.03 Street Lighting A. Public Streets

The lighting/photometric plan notes that public lighting will follow lluminating Engineering

Society (IES) of North America Recommended Practice 8, Roadway Lighting (RP-8).


Page 8 of 36


3.02.04 Underground Utilities. All permanent utility service to and within a development shall be

underground, except where overhead high-voltage (35,000 volts or more) electric facilities exist.

Requirement not Met: Overhead electric or power lines exist along N. Pacific Highway. Because

the site plans and the narrative do not address the requirement, it’s unclear if the requirement

would be met.

The proposal fails to meet the requirement. Staff applies Condition D2.

Remedy: The applicant must bury all permanent utility service to and within a development

except where overhead high-voltage (35,000 volts or more) electric facilities exist and shall

revise the site plans to indicate such. If the exception applies, the applicant must note such on

the site plans.

3.03 Setbacks and Open Space 3.03.02 Special Setbacks

Staff addressed special setbacks earlier in this report under WDO 2.03.

3.03.03 Projections into the Setback Abutting a Street

3.03.04 Projections into the Side Setback

3.03.05 Projections into the Rear Setback

Because the proposal involves no such projections, the requirements are not applicable.

3.03.06 Vision Clearance Area; Figures 3.03A & B

The site plan delineates vision clearance area triangles at the street intersection and on each

side of the proposed driveway meeting the placement and respective dimensional standards of

30 by 30 ft and 10 by 10 ft.


3.04 Vehicular Access 3.04.02 Drive-Throughs

Because the proposal involves no drive-through, the requirement is not applicable.


Page 9 of 36

3.04.03 Driveway Guidelines and Standards

Access Requirements

Table 3.04A

Commercial or

Industrial Use

1-way 12 minimum

20 maximum

2-way

24 minimum

36 maximum

(Add 8’ if a turn

lane is provided)

Curb Flare Radius (feet) 30 minimum

Throat

Length (feet) 5

Access or Local

Street 20 minimum

Corner

Clearance

(feet)

Guidelines 1

(See Figure

3.04B)

Access or Local

Street 30 minimum

Driveway on the

same parcel 50 minimum

Access or Local

Street None

Turnarounds

(See Figure

3.04C)

Access to any

other street

Requirements per

the Woodburn

Fire District

The standards for driveways and drive aisles are met.


3.04.03A. Unused driveways shall be closed.

The requirement is met, but the landscape plan sheet is not yet updated to match the site

plan sheet. It shows closure of the curb cut that the applicant had originally proposed. Staff

applies Condition D3.


Page 10 of 36

Context: The existing west curb cut – i.e. the portion of driveway within the right-of-way,

sloped to meet street pavement, and also known as an “apron” – is to remain open because

though with site improvements it will remain unused and not connect to any drive aisle, it

serves a private north-south access easement running between Alexandra Avenue and Tax Lot

051W 08CD 00100 (1665 James Street) delineated on the site plan. Though the applicant is

seeking to extinguish the easement, because the landowner benefitting from the easement

might not consent, the site plan and the improvements it illustrates are laid out to avoid

encroachment upon the easement.

Remedy: The remedy is for the applicant to ensure clear and consistent records by revising the

site and landscape plan sheets to be consistent and show that the existing west curb cut along

Alexandra Avenue is to be kept as is to allow physical access to the private north-south access

easement.

3.04.04 Improvement Standards

The site plans illustrate driveway meeting the paving standards.


3.04.05 Traffic Impact Analysis

Because there is no evidence that the 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, the requirement is not applicable. The applicant opted to provide a

traffic impact analysis (TIA).

3.05 Off-Street Parking and Loading 3.05.02 General Provisions

Staff addresses provision 3.05.02D.4. (surface parking in yards along streets to be screened)

through the other surface parking screening provision later in this document under 3.06.05B.

Staff does not address here 3.05.02L. – the exterior lighting standards from which the applicant

proposes to vary through one of the variances – because staff addresses it later under the

Variance Provisions section.

The requirement is met regarding the remaining provisions.


Page 11 of 36

3.05.03 Off-Street Parking

Off-Street Parking Ratio Standards

Table 3.05A

Use 1, 2 Parking Ratio - spaces per activity unit or

square feet of gross floor area

COMMERCIAL / PUBLIC

1. General retail sales (such as food and beverages, clothing, sporting goods, health and personal care items, and motor vehicle parts)

1/ 250 square feet

The applicant proposes (6,912 building sq ft / 250) = 27.6 28 parking stalls.


Accessible Parking Ratio Standards

Table 3.05B

Total Spaces Minimum Total

Accessible Spaces 1

Minimum Van

Accessible Spaces

Minimum “Wheelchair User

Only” Spaces

1 to 25 1 1

26 to 50 2 1

1. “Van Accessible Spaces” and “Wheelchair User Only” are included in “Total Accessible Spaces.”

The applicant proposes a parking supply of 28 stalls including two handicap parking stalls.


Parking Space and Drive Aisle Dimensions

Table 3.05C

Drive Aisle Width

(feet)

1-way 2-way

A B C D E F G

Standard or Accessible 9.0 9.0 19.0 19.0 24.0

Compact 7.5 7.5 15.0 15.0 22.0

Car Accessible Aisle 6.0 6.0 19.0 19.0

Van Accessible Aisle 8.0 8.0 19.0 19.0


Page 12 of 36

Parking Space and Drive Aisle Dimensions

Table 3.05C

Drive Aisle Width

(feet)

1-way 2-way

A B C D E F G

1. A parking space may occupy up to two feet of a landscaped area or walkway. At least four feet clear width of a walkway must be maintained.

2. Space width is measured from the midpoint of the double stripe.

3. Curb or wheel stops shall be utilized to prevent vehicles from encroaching on abutting properties or rights-of-way.

4. The access aisle must be located on the passenger side of the parking space, except that two adjacent parking spaces may share a common access aisle.

5. Where the angle of parking stalls differ across a drive aisle, the greater drive aisle width shall be provided.

The applicant proposes dimensions, double-striping, curbing, and wheel stops that meet or

exceed the minimum standards.


3.05.04 Off-Street Loading

Loading Space Requirements

Table 3.05D

Minimum Size of Space (feet)

Width Length Height

Nonresidential uses, except office, in the

CO, CG, and NNC zones

0 – 9,999

10,000 – 41,999

42,000 – 81,999

82,000 or more

1

2

3

4

12 30 14

The site plans include for the commercial retail building of 6,912 sq ft a loading berth exceeding

the minimum dimensions.


3.05.05 Shared Parking


Page 13 of 36

Because the applicant chooses not to exercise the option, the standards are not applicable.

3.06 Landscaping 3.06.02 General Requirements

The landscape plan provides irrigation and protective curbing and addresses the standards.


3.06.03 Landscaping Standards

A. Street Trees

Standard not Met: The number of required street trees is (424 ft total frontage / 50) = 8.5 9.

The landscape plan proposes 6 total through 5 existing and one new tree.


Remedy: The applicant must revise the proposal to provide and distribute along both ROWs

nine (9) total street trees.

Context:

The applicant proposes a new street tree within the area of the existing curb cut at

Alexandra Avenue. The landscape plan needs revision to not propose a street tree here

because the curb cut is to be kept.

Street trees may be placed on-site outside and near ROW per 3.06.03A.3.

Staff recommends that the developer site street trees along N. Pacific Hwy to be within the

future ROW line based on the Special Setback to remain in place while becoming a future

planter strip at least 6 ft wide between a future six-inch curb and a future 6-ft sidewalk

along the future ROW line.

Staff recommends that one of the N. Pacific Hwy street trees be sited near the south side of

the walkway to, at maturity, shade a segment of walkway to and from the public sidewalk.

B. & Tables 3.06A & B

Planting Requirements

Table 3.06A

Location Planting Density, Minimum Area to be Landscaped, Minimum

Setbacks abutting a street 1 PU/15 square feet Entire setback excluding driveways


Page 14 of 36

Planting Requirements

Table 3.06A

Location Planting Density, Minimum Area to be Landscaped, Minimum

Buffer yards 1 PU/20 square feet Entire yard excluding off-street

parking and loading areas abutting a

wall

Other yards 1 PU/50 square feet Entire yard, excluding areas subject to

more intensive landscaping

requirements and off-street parking

and loading areas

Off-street parking and

loading areas

1 small tree per 10 parking spaces; or 1

1 medium tree per 15 parking spaces; or 1

1 large tree per 25 parking spaces 1

and

1 PU/20 square feet excluding required trees 2

RS, R1S, RSN, RM, RMN, P/SP, CO, CG and MUV zones: 20% of the paved surface area for off-street parking, loading and circulation

DDC, NNC, IP, IL, and SWIR zones: 10% of the paved surface area for off-street parking, loading and circulation

Landscaping shall be within or immediately adjacent to paved areas

1. Trees shall be located within off-street parking facilities, in proportion to the distribution of the parking spaces.

2. Required landscaping within a setback abutting a street or an interior lot line that is within 20 feet of parking, loading and circulation facilities may also be counted in calculating landscaping for off-street parking, loading and circulation areas.

Plant Unit (PU) Value

Table 3.06B

Material Plant Unit (PU) Value Minimum Size

1. Significant tree 1 15 PU each 24” Diameter

2. Large tree (60-120 feet high at maturity) 1

10 PU each 10’ Height or 2” Caliper

3. Medium tree (40-60 feet high at maturity 1

8 PU each 10’ Height or 2” Caliper

4. Small tree (18-40 feet high at maturity) 1 4 PU each 10’ Height or 2” Caliper

5. Large shrub (at maturity over 4’ wide x 4’ high) 1

2 PU each 3 gallon or balled


Page 15 of 36

Plant Unit (PU) Value

Table 3.06B

Material Plant Unit (PU) Value Minimum Size

6. Small to medium shrub (at maturity maximum 4’ wide x 4’ high) 1

1 PU each 1 gallon

7. Lawn or other living ground cover 1 1 PU / 50 square feet

8. Berm 2 1 PU / 20 lineal feet Minimum 2 feet high

9. Ornamental fence 2 1 PU / 20 lineal feet 2½ - 4 feet high

10. Boulder 2 1 PU each Minimum 2 feet high

11. Sundial, obelisk, gnomon, or gazing ball 2

2 PU each Minimum 3 feet high

12. Fountain 2 3 PU each Minimum 3 feet high

13. Bench or chair 2 0.5 PU / lineal foot

14. Raised planting bed constructed of brick, stone or similar material except CMU 2

0.5 PU / lineal foot of

greatest dimension

Minimum 1 foot high,

minimum 1 foot wide in

least interior dimension

15. Water feature incorporating stormwater detention 2

2 per 50 square feet None

1. Existing vegetation that is retained has the same plant unit value as planted vegetation.

2. No more than twenty percent (20%) of the required plant units may be satisfied by items in lines 8 through 15.

The planting area and unit requirements are as follows:

Generic Location

On-Site Yard

Planting Density

Landscaped Area

Minimum Rate

Minimum Amount

Proposed Minimum Proposed

Alexandra front yard

3,625 sq ft / 15 = 241.6 242 PUs

242 PUs Entire setback excluding driveways

N. Pacific Hwy yard

2,000 sq ft / 15 = 133.3 133 PUs

133 PUs Entire setback excluding driveways

Buffer yards

W/NW side yard

1 PU / 20 sq ft

12,150 / 20 =

608 PUs Entire yard excluding off-

Entire yard excluding


Page 16 of 36

Generic Location

On-Site Yard

Planting Density

Landscaped Area

Minimum Rate

Minimum Amount

Proposed Minimum Proposed

607.5 608 PUs

street parking and loading areas abutting a wall

off-street parking and loading areas abutting a wall

Other yards

S/SW rear yard

1 PU / 50 sq ft

122 sq ft / 50 = 2.4 2 PUs

19 PUs Entire yard, excluding areas subject to more intensive landscaping requirements and off-street parking and loading areas

Entire yard, excluding areas subject to more intensive landscaping requirements and off-street parking and loading areas

Off-street parking and loading areas

n/a 1 PU / 20 sq ft exc. required trees & 1 small tree per 10 stalls (28/10=3) or 1 med. Tree per 15 stalls (28/15=2)

2,444 sq ft / 20 = 122.2 122 PUs

122 PUs & 4 trees

CG zone: 20% of the paved surface area for off-street parking, loading and circulation

20% of the paved surface area for off-street parking, loading and circulation


Prohibited Trees Table 3.06C

Standard not Met: The landscape plan proposes a street tree species of Thundercloud Plum

(“Prunus Thundercloud”). This species is a listed prohibited species.



Page 17 of 36

Remedy: The applicant must revise the proposal to propose one or more street tree species

not prohibited.

3.06.05 Screening & Table 3.06D

Screening Requirements

Table 3.06D

N = No screening required F = Sight-obscuring fence required W =

Architectural wall required

D = Architectural wall, fence, or hedge may be required in the Design Review process

Adjacent properties – zone or use

that receives the benefit of

screening

Property being Developed – must

provide screening if no

comparable screening exists on

abutting protected property

CG or MUV zone W2 W2 D D D W2 W2

Outdoor storage in CG or MUV zone W1,

3

W1,

3

W1,

3

W1,

3

W1,

3 W1,3 W1,3

Refuse and recycling collection

facilities except for single-family

dwelling, duplex, child care facility,

or group home

W2,

6,7

W2,

6,7

W2,

6,7

W2,

6,7

W2,

6,7 W2,6,7 W2,6,7

The refuse and recycling collection facility, i.e. the recycling and trash enclosure, is enclosed

with a 6-ft high wall.


The property being developed is CG-zoned, and the adjacent property to the west/northwest is

a different zone and land use, RS and single-family residential. An architectural wall at least 6 ft

high would be required. The applicant proposes to vary from this request as analyzed further

below in the Variance Section.

3.06.05B.

All parking areas, except those for single-family and duplex dwellings, abutting a street shall provide a

42-inch vertical visual screen from the abutting street grade. Acceptable design techniques to provide


Page 18 of 36

the screening include plant materials, berms, architectural walls, and depressed grade for the parking

area. All screening shall comply with the clear vision standards of this ordinance (Section 3.03.06).

The landscape plan illustrates a screen in the form of dense shrubbery that can reach 3½ ft at

maturity.


3.06.05 Architectural Walls

Because the applicant proposes to vary from the screening requirement of Table 3.06D

through one of the variances, the requirement is not applicable.

3.06.06 Significant Trees on Private Property

Because the proposal includes no tree removal, the requirement is not applicable.

3.07 Architectural Design 3.07.01 Applicability of Architectural Design Standards and Guidelines

A. For a Type II or III review, the criteria of this Section shall be read as “should” and shall be

applied as guidelines.

3.07.06 Standards for Non-Residential Structures in Residential, Commercial and Public/Semi Public

Zones

A. The following design guidelines shall be applicable to all non-residential structures and

buildings in the RS, RSN, R1S, RM, RMN, CO, CG, and P/SP zones.

B. Architectural Design Guidelines

1. Mass and 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 or passage ways through the building

(2) Wall offsets or projections

(3) Variation in building materials or textures

(4) Arcades, awnings, canopies or porches

2. Materials and Texture Guidelines

a. Building exteriors should exhibit finishes and textures that reduce the visual

monotony of bulky structures and large structural spaces. Building exteriors should

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.


Page 19 of 36

(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.

(5) Fluorescent, “day-glo,” or any similar bright color shall not be used on the

building exterior.

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 or jogs in the plane of the roof;

(2) Changes in the height of the exterior wall for flat roof buildings, including

parapet walls with variations in elevation or cornices

4. Roof-Mounted Equipment Guidelines

All roof-mounted equipment, except solar collectors, should be screened from view by:

a. Locating roof-mounted equipment below the highest vertical element of the building,

or

b. Screening roof-mounted equipment using materials of the same character as the

structure’s basic materials

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 eight feet wide along the face of the building utilizing a

roof overhang, arcade, awnings 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 fabric, or matte finish vinyl

(3) A constant color and pattern scheme for all buildings within the same

development

(4) No internal back lighting

6. Solar Access Protection

Obstruction of existing solar collectors on abutting properties by site development should be

minimized.

C. Building Location Guidelines

1. Within the prescribed setbacks, building location and orientation should compliment

[sic] abutting uses and development patterns.

2. The maximum yard abutting a street should be 150 feet.


Page 20 of 36

Guideline not Met: Staff opinion is that the proposal fails to meet the articulation guideline of

B.1.a.

The proposal fails to meet the guideline of B.1.a. Staff recommends that the Commission

find either that the proposal does meet the guideline or guide staff in drafting a condition of

approval. Staff requests Commission direction about what menu, number, and placement of

architectural features the condition would specifically require and that would meet the

guideline.

“Articulate/Articulation” is defined in 1.02 as, “the joining and intersecting of walls or building

spaces through offsets, projections, overhangs, extensions and similar features.” For context,

below are two excerpts of the color elevations:

Excerpt of “Elevation One” Plan Sheet. This front wall is 96 feet (ft) wide and faces surface parking and Alexandra

Avenue.

Excerpt of “Elevation Three” Plan Sheet. This side wall is 72 ft wide excluding awning and faces N. Pacific Highway.

The building has windows on the street sides, two different shades of masonry cladding, and

both a differentiated base and an accent stripe. It also has a projection in the form of an

awning at the main entrance. The building has no overhangs, one definite parapet extension at

the west/NW side, and appears box-like with unbroken wall surfaces. The north/NE and

east/SE parapets might be offset, but it’s unclear from the elevations if the offset area is part of


Page 21 of 36

a sign band affixed to each of the elevations or if it is an extension of the main wall plane. Staff

opinion is that the building is not articulated enough based on the guideline and the definition.

Articulation with wall planes of the box as is – without offsetting volumes of the box – could

include heightening a section or sections of the parapet, such as to create a “saloon front”. The

west/NW elevation has this feature.

A second means is pilasters (also known as engaged columns, columns partially embedded

within a wall plane). The applicant’s narrative (Attachment 103, p. 55) states that the building

includes pilasters, but none are evident on the elevations.

A third is a main entrance canopy with structured roof and columns.

A fourth is a cornice, a form of horizontal and projecting moulding.

A fifth is to offset bricks within the wall plane to create quoining or horizontal accents.

Because the applicant proposes brick cladding, below are photos of commercial one-story

precedents illustrating some of these architectural elements with brick:

Example of quoining and additional offsets within Example of bricks offset from main wall plane as

main wall plane horizontal accent


Page 22 of 36

21st Century example: Commercial one-story: Building within Willamette Marketplace remodeled strip mall, 2050

8th Avenue, West Linn, including cornice, pilasters, rain scupper as ornament, and (within rotunda at right) accent in

the form of dark bricks set perpendicular to main wall plane of light bricks as well as ornamental weather vane

Late 19th or early 20th Century example: Commercial one-story: 638 NW 23rd Avenue, Portland, including cornice,

pilasters, different brick bonding as horizontal and vertical accents, ornamental medallions, and horizontal band of

clerestory windows atop main vertical shop windows


Page 23 of 36

Early 20th Century example: Commercial one-story: Marseilles, France, close-up of panel relief signaling original

use of building as auto service station

Woodburn example: Commercial two-story in downtown: 347 Front St, a remodeled 1891 building with cornice

and differently bonded bricks as vertical accents.


Page 24 of 36

Woodburn example: Commercial one-story along OR Hwy 214: 1000 Evergreen Rd, built after 2009, with pitched

roof, canopies, horizontally and vertically offset parapet, and a window as a display box.

Offsetting volumes of the box would open up means of articulation.

Regarding B.1.b, enhancement of exterior walls with three-dimensional design features, of four

suggested and not exhaustive options, the proposal includes item (4), an awning. The

remaining 3D design features are wall-mounted light fixtures and, on the west/NW side

elevation, four rain downspouts.

The guideline of B.1.b. is met.

Regarding B.2., materials and textures, for item (a.) the building exteriors have finishes and

textures that reduce the visual monotony of the bulky structure, enhance visual interest of wall

surfaces, and harmonize with the structural design. For item (b.):

(1) Guideline not Met: While the front elevation abutting Alexandra Avenue has at least

35.9% of the wall area as glass area and so exceeds the minimum of 30%, the east

elevation abutting N. Pacific Highway has only 23.3% glass.

The east elevation fails to meet the guideline of B.2.b.(1). Staff applies Condition D6.

(2) All three walls visible from streets or surface parking are surfaced with brick, meeting

the guideline.

(3) The building has none of the prohibited sign materials, meeting the guideline.

(4) The predominant color is earth tone, meeting the guideline.

(5) The building has no flurorescent or “day-glo” color, meeting the guideline.


Page 25 of 36

The guidelines of B.2.b.(2)-(5) are met.

Regarding B.3., roofing, for item (a.), the roof line establishes a distinctive top to the building.

The guideline of B.3. is met.

Guideline not Met: Though the applicant’s narrative (Attachment 103, p. 57) states each

elevation has roof line jogs “along the parapet walls and signage bands”, it is unclear from the

elevations if the jogs on the north/NE and east/SE elevations are of the parapet or the result of

affixed sign bands. The west/NW elevation parapet clearly jogs. Because the roof line might be

flat along the north/NE and east/SE elevations, the situation is unclear. Staff opinion is that the

guideline of B.3.b. is not met.

The proposal fails to meet the guideline of B.3.b. Staff recommends that the Commission

find either that the proposal does meet the guideline or guide staff in drafting a condition of

approval. Staff requests Commission direction about what menu, number, and placement of

architectural features the condition would specifically require and that would meet the

guideline.

Context: The above photos for item B.1.a. are useful for item B.3.b. too.

Regarding B.4., the elevations illustrate a screening enclosure of roof-mounted equipment.


Regarding B.5., pedestrian weather protection, the proposal includes a fabric awning at with no

internal back lighting and covering the main entrance door and windows. An 8-ft wide walkway

is along the face of the building.


Regarding B.6., the proposal obstructs none of any existing solar collectors on abutting

properties.


Regarding C., within the prescribed setbacks, the building location and orientation

complements abutting strip commercial uses and development patterns along N. Pacific

Highway, and no proposed street setback is more than 150 ft.


Page 26 of 36

The guideline of C. is met.

Variance Provisions

The two variances accompanying the design review relate to the requirement for screening

between zones and uses (at the west/northwest property line in the form of a 6-ft masonry

wall) and the standards for maximum exterior illumination. The applicant submitted narrative

text addressing the criteria.

Variance Criteria 5.03.12 Variance

A. Purpose: The purpose of this Type III Variance is to allow use of a property in a way that would

otherwise be prohibited by this Ordinance. Uses not allowed in a particular zone are not subject

to the variance process. Standards set by statute relating to siting of manufactured homes on

individual lots; siding and roof of manufactured homes; and manufactured home and dwelling

park improvements are non-variable.

B. Criteria: A variance may be granted to allow a deviation from development standard of this

ordinance where the following criteria are met:

1. Strict adherence to the standards of this ordinance is not possible or imposes an excessive

burden on the property owner, and

2. Variance to the standards will not unreasonably impact existing or potential uses or

development on the subject property or adjacent properties.

C. Factors to Consider: A determination of whether the criteria are satisfied involves balancing

competing and conflicting interests. The factors that are listed below are not criteria and are not

intended to be an exclusive list and are used as a guide in determining whether the criteria are

met.

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 this Ordinance. Factors to

consider in determining whether hardship exists, include:

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.

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 materially injurious include, but are not limited to:


Page 27 of 36

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.

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.

4. Whether the variance is the minimum deviation necessary to make reasonable economic

use of the property;

5. Whether the variance conflicts with the Woodburn Comprehensive Plan.

Variance 2017-04: Maximum Exterior Illumination 3.05.02L. For nonresidential uses:

1. Parking and loading areas should be illuminated at an average of 0.2 horizontal foot candle at

ground level (or 0.5 horizontal foot-candle if the applicant states that personal security or

vandalism is a likely or severe problem), with a maximum uniformity ratio of 20:1 (maximum

to minimum)

2. Entrance areas to the building should be illuminated at an average of 0.5 horizontal foot-

candle at ground level (or 1.0 horizontal foot-candle if the applicant states that personal

security or vandalism is a likely or severe problem), with a maximum uniformity ratio of 15:1

(maximum to minimum).

3. Illumination shall not shine or reflect onto residentially zoned property or a public street.

The applicant submitted Variance 2017-04 to vary from the maximum exterior illumination

requirement.

The applicant’s narrative states:

“The proposed parking lot will be illuminated with LED parking lot lighting. See the updated

photometric plan included with this submittal. The parking and loading areas will have an

average illumination of 1.4 foot-candles (fc), with a minimum value of 0.1 fc and a uniformity

ratio of 14.0:1. The entrance area to the building will have an average illumination of 1.5 fc, with

a minimum value of 0.1 fc and a uniformity ratio of 14.0:1. Illumination does not shine or reflect

on the residential property to the west, or to the public streets. The horizontal foot-candle

requirements in this code section are identified as an average, listing 0.2 fc required for parking

and loading areas, and 0.5 fc required for entrance areas. Based on coordination with the city,

for the purposes of the WDO, we understand these averages are interpreted as “maximum”

average values. Although the uniformity ratios provided by the proposed parking lot lighting

meets the WDO requirements, the average values do not, based on the city’s interpretation of it

being a maximum average. The applicant feels that the required maximum averages are very

low and do not provide illumination that is sufficient for a safe parking environment at night.

Accordingly, the applicant requests a variance to the average required lighting levels, as

identified below.


Page 28 of 36

The proposed parking lot will be illuminated with LED parking lot lighting. See the updated

photometric plan included with this submittal. The parking and loading areas will have an

average illumination of 1.4 foot-candles (fc), with a minimum value of 0.1 fc and a uniformity

ratio of 14.0:1. The entrance area to the building will have an average illumination of 1.5 fc, with

a minimum value of 0.1 fc

and a uniformity ratio of 14.0:1. As noted above, the horizontal foot-candle requirements in this

code section are identified as an average, listing 0.2 fc required for parking and loading areas,

and 0.5

fc required for entrance areas. Based on coordination with the city, for the purposes of the

WDO, we understand these averages are interpreted as “maximum” average values. Although

the uniformity ratios provided by the proposed parking lot lighting meets the WDO

requirements, the average values do not, based on the city’s interpretation of it being a

maximum average. The applicant feels that the required maximum averages are very low and do

not provide illumination that is sufficient for a safe parking environment at night. Accordingly,

the applicant requests a variance to the average required lighting levels, as identified below. It

should be noted that the “Model Development Code for Small Cities”, provided by the State of

Oregon Department of Land Conservation and Development (DLCD), identifies the following

standards:

Walkway lighting shall have a minimum average illumination of not less than [0.2] foot-

candles

Active building entrances shall have a minimum average illumination of not less than

[2.0] foot-candles

Parking lots and outdoor services areas… shall have a minimum illumination of not less

than [0.2] foot-candles

In addition, the US Department of Energy Guide for Parking Lot Lighting even recommends a

minimum illuminance of 0.2 fc in parking lots, with a minimum of 0.5 fc for enhanced security

areas. Note that these are just minimum values, not even minimum average values.

Even the Dark Sky Society’s (www.darkskysociety.org) “Guidelines for Good Exterior Lighting

Plans” identifies higher values than the WDO, identifying average values at active building

entrance areas of 2.0 fc, and minimum values of 0.2 fc in parking lots.

With this identified minimum value of 0.2 fc, there would be no way to keep a maximum

average of 0.2 fc as required by the WDO, since 0.2 fc would be the absolute lowest allowed in

the parking lot.

These other standards are identified to point out what is typically identified as industry

standards, both nationally and in the state of Oregon. Strict adherence to the standards of the

WDO would imposes an excessive burden on the developer when compared to industry

standards. In addition, it should be noted that the proposed parking lot is approximately 90 feet

from the western property line (adjacent residential use) at the closest point. At that distance,

the illumination created by the proposed parking lot lighting will be 0 fc at the western property

http://www.darkskysociety.org/


Page 29 of 36

line. The adjacent property to the south is a commercial use, which has a building abutting

nearly all of the shared property line. The proposed illumination along the southern property

line is shown to be approximately 0.1 fc or less. Based on this information, a variance to the

standards will not unreasonably impact existing or potential uses or development on the subject

property or adjacent properties.”

Staff concurs.

The variance criteria are met.

Context: Granting the variance would allow the applicant to light at the requested levels.

Freed from the requirement and without a condition of approval, the applicant could choose to

change the light levels with no limit. Also, the WDO does not require full cut-off or fully

shielded light fixtures.

Because of these reasons, staff recommends a variance condition that establishes a maximum

exterior illumination standard applicable to the project and requires full cut-off models.

Condition VL1 mimics the text structure of the WDO lighting requirement and sets different

maximum and average maximum values that accommodate the values that the applicant

proposes while also establishing reasonable illumination limits:

A. Parking and loading areas shall be illuminated at a maximum of 1.4 horizontal foot

candle with a maximum average of 0.8 horizontal fc at ground level, with a

maximum uniformity ratio of 20:1 (maximum to minimum).

B. Entrance areas to the building shall be illuminated at a maximum of 2.0 horizontal

foot-candle with a maximum average of 1.3 horizontal fc at ground level, with a

maximum uniformity ratio of 15:1 (maximum to minimum).

C. Altered or new exterior lighting fixtures shall be full cut-off or fully shielded models.


Page 30 of 36

Variance 2017-07: Screening / Architectural Wall


Table 3.06D

N = No screening required F = Sight-obscuring fence required W = Architectural wall required


Adjacent properties – zone or use that

receives the benefit of screening





RS, R1S, or RSN zone N N N N N N N N N N N

RM or RMN zone W2 D W2 D W2 W2 D W2 D N W2

DDC or NNC zone N N N N N N N N N N N

Nonresidential use in CO zone W2 W2 W2 N W2 W2 N W2 D N W2

CG or MUV zone W2 W2 D D D D D W2 W2 D W2

Outdoor storage in CG or MUV zone W1,3 W1,3 W1,3 W1,3 W1,3 W1,3 W1,3 W1,3 W1,3 W1,3 W1,3

IP, IL, or SWIR zone W3 W3 D W3 D D D W3 W3 W3 W3

Permitted use D D N N N N N D D N D

Conditional use D D D D D D D D D D D

Single-family dwelling, duplex, child

care facility, or group home N7 N7 N7 N7 N7 N7 N7 N7 N7 N7 N7

Multiple-family dwelling, child care

facility, group home or nursing home

W2,5

, 8 D

W2,5,

8 D

W2,5

, 8

W2,5

, 8

W2,5

, 8 W2,5, 8 D D W2,5, 8

Nonresidential use in a residential zone W2 W2 D D D D D W2 W2 D W2

Manufactured dwelling park W2 W2 W2 W2 W2 W2 W2 W2 W2 W2 D

Boat, recreational, and vehicle storage

pad, if within 10 feet of a property line F2 F2 F2 F2 F2 N F2 F2 F2 F2 F2

Common boat, recreational, and

vehicle storage area

W2,

4 W2,4 W2,4 W2,4 W2,4 D W2,4 W2,4 W2,4 W2,4 W2,4

Refuse and recycling collection facilities

except for single-family dwelling,

duplex, child care facility, or group

home

W2,6

,7

W2,6

,7 W2,6,7

W2,6

,7

W2,6

,7

W2,6

,7

W2,6

,7 W2,6,7 W2,6,7 W2,6,7 W2,6,7

1. Screening is only required from the view of abutting streets, parking lots, and residentially zoned property. Storage shall not exceed the height of the screening.


Page 31 of 36


Table 3.06D

N = No screening required F = Sight-obscuring fence required W = Architectural wall required


Adjacent properties – zone or use that

receives the benefit of screening





2. Six to seven feet in height

3. Six to nine feet in height

4. Abutting streets must also be screened.

5. Screening is required abutting multiple-family dwellings, commercial or industrial uses only.

6. In industrial zones, screening is required only where the refuse collection facility is in a yard abutting a public street, parking lot, or residentially zoned property.

7. Child care facility for 12 or fewer children, group home for five or fewer persons.

8. Child care facility for 13 or more children, group home for six or more persons.

General notes:

9. Screening is subject to height limitations for Vision Clearance Areas (Section 3.03.06) and adjacent to streets (Section 2.01.02).

10. No screening is required where a building wall abuts a property line.

11. Where a wall is required and is located more than two feet from the property line, the yard areas on the exterior of the wall shall be landscaped to a density of one plant unit per 20 square feet.

The applicant submitted Variance 2017-07 to vary from the screening / architectural wall

requirement.

The applicant’s narrative states:

“Due to existing and proposed site conditions, a variance is being requested to avoid

constructing an architectural wall in this area. The variance criteria are addressed further below,

with additional information as follows.

The subject site was previously developed with a McDonald’s fast food restaurant, and had a 6’

chain link fence with slats along the entire west property line. Although the McDonald’s building

has since been removed, the existing chain link fence still remains and is in good condition.

There are also several existing trees along the west property line that are proposed to remain


Page 32 of 36

with this development, as well as existing hedges on the residential properties for a portion of

the property boundary.

In addition to the existing chain link fence, existing trees, and existing hedges, this project

proposes to install a viburnum hedge adjacent to the fence for the entire length of the property

boundary. Refer to the preliminary landscape plan. Also, as shown on the preliminary plans, this

development is providing an approximate 90ft buffer from the nearest parking improvements to

the western property line. This buffer area will be comprised of a stormwater pond, as well as

additional landscaping to buffer the existing homes to the west. Given the proposed hedge and

buffer, as well as the existing screening, the cost of an architectural wall along the entire

western property boundary would cause an undue financial hardship on the proposed

development. In addition, given the substantial buffer area and distance from the development,

a wall could be a target for vandalism which could cause more harm than good.”

Context: Below is a photo of the existing chain link fence with slats and plantings.

Google Street View July 2016, looking west

Staff concurs.

The variance criteria are met.


Page 33 of 36

Recommended Conditions of Approval

Staff recommends approval of the consolidated applications based on the findings submitted by

the applicant, which are incorporated by this reference, the supplementary staff findings in the

staff report and attachments, as well as applying the following conditions of approval:

General

G1. The applicant or successor shall develop the property in substantial conformance with the

final plans submitted and approved with these applications, except as modified by these

conditions of approval.

Design Review 2017-04

D1. To meet WDO 3.01.04B. and 3.02.01B., the applicant shall revise the proposal to:

a. Dedicate six (6) feet (ft) of right-of-way (ROW) along the present east property line and to

provide documented evidence or proof of dedication;

b. Revise and shift easements to the new east property line as needed per City Public Works

and Oregon Department of Transportation (ODOT) requirements; and

c. Provide a five-foot (5-ft) wide City utility easement along both abutting public streets.

D2. To meet WDO 3.02.04, the applicant shall revise the proposal to bury all permanent utility

service to and within a development except where overhead high-voltage (35,000 volts or

more) electric facilities exist.

D3. To meet WDO 3.04.03A., the applicant shall revise the site and landscape plan sheets to be

consistent and show that the existing west curb cut along Alexandra Avenue is to be kept as is

to allow physical access to the private north-south access easement.

D4. To meet WDO 3.06.03A., the applicant shall revise the proposal to provide and distribute

along both rights-of-way a total of one street tree for every fifty (50) feet of frontage, which is

nine (9) total.

D5. To meet WDO Table 3.06C, the applicant shall revise the landscape plan to indicate one or

more street tree species not prohibited.

D6. To meet WDO 3.07.06B.2.b.(1), the applicant shall revise the proposal such that at least

30% of the wall surface abutting a street is glass.


Page 34 of 36

Variance 2017-04 Maximum Exterior Lighting

VL1:

A. Parking and loading areas shall be illuminated at a maximum of 1.4 horizontal foot

candle with a maximum average of 0.8 horizontal fc at ground level, with a maximum

uniformity ratio of 20:1 (maximum to minimum).

B. Entrance areas to the building shall be illuminated at a maximum of 2.0 horizontal foot-

candle with a maximum average of 1.3 horizontal fc at ground level, with a maximum

uniformity ratio of 15:1 (maximum to minimum).

C. Altered or new exterior lighting fixtures shall be full cut-off or fully shielded models.

Variance 2017-07 Screening Requirements / Architectural Wall

No conditions proposed.


Page 35 of 36

Applicant Identity

Applicant Bryan Dickerson, P.E., PACLAND

Applicant’s Representative

n/a

Landowner(s) McDonalds Corp. c/o Greentree Enterprises Inc., under contract to convey to Woodburn AAP Partners, LLC

Notes to the Applicant

The following are not conditions of approval, but are important notes for the applicant to be

aware of and follow for the site development:

1. Prior to building occupancy, all landscaping and screening must be installed and prior to City

staff verification. Contact Planning staff at least three City business days prior to a desired

date of planning/zoning inspection. This is separate from and in addition to the usual

building code and fire and life safety inspections.

2. The applicant, not the City, is responsible for obtaining permits from any county, state

and/or federal agencies, which may require approval or permit, and must obtain all

applicable City and County permits for work prior to the start of work and that the work

meets the satisfaction of the permit-issuing jurisdiction. The Oregon Department of

Transportation (ODOT) might require highway access, storm drainage, and other right-of-

way (ROW) permits. All work within the public ROW or easements within City jurisdiction

must conform to plans approved by the Public Works Department and must comply with a

Public Works Right-of-Way permit issued by said department.

3. The applicant provides for the installation of all franchised utilities and any required

easements.

4. Staff performs final review of the civil plans during the building permit stage. Public

infrastructure must be constructed in accordance with plans approved by the City, as well

as current Public Works construction specifications, Standard Drawings, Standard Details,

and General Conditions.

5. The storm sewer system and on-site detention for the development shall comply with the

City Storm Drainage Master Plan and Public Works Storm Water Practices. All required on-

site detention area for the runoff from this site will need provision in accordance with the


Page 36 of 36

drainage report, hydraulic analysis, and approved plans. The detention system is private and

to be maintained by the landowner in perpetuity. The applicant must obtain Marion County

plumbing permits for all waterline work installed beyond the ROW and on private property.

6. All water mains and appurtenances must comply with Public Works, Building Division, and

Woodburn Fire District requirements. The City performs required abandonment of existing

water facilities at the water main with payment by the property owner.

7. If applicable, a grease trap would need to be installed on the sanitary service, either as a

central unit or in the kitchen/food preparation area. Contact Marion County Plumbing

Department for permit and installation requirements, 503-588-5147.

8. The applicant shall complete a City Nonresidential Wastewater Survey and comply with the

conditions of the Wastewater Permit. Contact Carol Leimbach, City of Woodburn Industrial

Waste Coordinator, at 503-982-5283.

9. Fire protection requirements shall comply with the Woodburn Fire District standards and

requirements. Place fire hydrants within the public ROW or public utility easement and

construct them in accordance with Public Works Department requirements, specifications,

standards, and permit requirements. Fire protection access, fire hydrant locations and fire

protection issues must comply with current fire codes and Woodburn Fire District

standards.

10. Because design review excludes review and approval of any signage, the applicant or

successor shall separately from this design review submit sign permit applications for any

changed or new signage pursuant to WDO 3.10.

Documents

Analyses & Findings Analyses... · · 2017-09-08applicable for the highest type decision requested. ... distance from finished grade to highest segment of parapet is 21 ft