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Final Decision Planning Commission File number(s): CU 24-01, DR 24-01, & PLA 24-02 Project name: US Market gas station Date of decision: July 25, 2024 Applicant: I&E Construction, Inc., 27375 SW Parkway Avenue, Wilsonville, OR 97070-9215 Landowner: Mr. Trofim Matveev c/o Matveev Development, LLC, 31696 S. Ona Way, Molalla, OR 97038-8201 Site location: 2115 Molalla Rd (Oregon Hwy 211); Tax Lots 051W09B001000, 1100, & 1200 (primary) Summary: The Planning Commission held a public hearing on July 25, 2024 and unanimously approved the consolidated applications package (Type III) with the conditions recommended by staff through the staff report published June 2, except for three revision items: 1. Revising Condition CU1 to reflect that landscape strip and sidewalk of minimum width 8 feet each already exist and are to remain. 2. Revising Condition CU6a(2) to increase fuel pump canopy maximum height from 14.5 to 16 feet. 3. Revising Condition T-A to lower the fair or proportionate share contribution towards the westbound dedicated right-turn lane from OR 211 to OR 99E northbound from 4.8% to 2.27%, and to revise the referenced Attachment 202 fee table absolute amount from $66,320 (for 2024 or 2025 or more in a later year because of inflation) to $31,375 (for 2024 or 2025 or more in a later year because of inflation). This was because of the City transportation consultant memo of July 25, 2024 in support of the applicant’s method rather than the staff one. They are shown below (and in the Attachment 202 fee table) in strikethrough-and-underline text. Staff also corrected the typo in Condition CU4b from “north” to “south”, and corrected the indented lettering and numbering under D4 & CU9. Per Assistant City Attorney e-mailed counsel (Attachment 105), staff hereby revises the analyses and findings and Condition CU9a(4) below – renumbered from staff report CU9.1.d. – to make explicit how the City interprets and applies conditional use criteria and factors to the land uses together. (The Assistant City Attorney used the e-mail for his talking points during the hearing sometime after the applicant’s presentation.) ---PAGE BREAK--- CU 24-01 US Market gas station 2115 Molalla Rd – Planning Commission Final Decision - Page 2 of 21 The request is for conditional use (for a gas station), design review, and property line adjustment application types to develop a site of three lots totaling approximately 0.93 acres into a gas station with a convenience store and car wash. The subject property is in the Commercial General (CG) zoning district. One party testified (besides the applicant). The table below in the “Testifiers” section lists testifiers. Section references are to the Woodburn Development Ordinance (WDO). ---PAGE BREAK--- CU 24-01 US Market gas station 2115 Molalla Rd – Planning Commission Final Decision - Page 3 of 21 Conditions of Approval: General G1. As part of building permit application, the applicant shall submit revised site plans meeting the conditions of approval and obtain Planning Division approval through sign-off on permit issuance. The applicant shall submit a cover letter indicating what specific plans sheets or document page numbers demonstrate how the submittal meets each condition. G2. The applicant or successors and assigns 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. Were the applicant to revise plans other than to meet conditions of approval or meet building code, even if Planning Division staff does not notice and signs off on building permit issuance, Division staff retains the right to obtain restoration of improvements as shown on an earlier land use review plan set in service of substantial conformance. G3. References: Attachment 201 serves as a dictionary or glossary defining certain abbreviations, acronyms, phrases, terms, and words in the context of the conditions of approval. The 200 series of attachments are as binding as the conditions of approval in the main body of the final decision. G4. Due dates / public improvements: a. When public street improvements, and any fees in lieu of public improvements, are due shall be per WDO 3.01.02E and 4.02.12 unless if and where a condition of approval has more restrictive timing. By this condition, there is more restrictive timing: In any case, they are due no later than by Building Division issuance of first certificate of occupancy (C of regardless of deferral, if any, that PW might have approved through 3.01.02E. b. ROW/easements: Correct recordation of required right-of-way (ROW) and public easements is due by building permit issuance. c. Where changes to street addresses are necessary, the developer shall apply through the Planning Division for and obtain approval of an Address Assignment Request. This is due prior to building permit application, and if property line adjustment or lot consolidation were to become relevant, then also after recordation with County. G5. Recordation due dates: The applicant shall apply to the County for recordations of items that the City requires no later than six months prior to expiration of the land use approval as WDO 4.02.04B establishes, and shall complete recordations no later than three years past the land use “final decision” date. The due date to complete recordations shall not supersede when recordations are due relative to the building permit stage. G6. Administration: a. Conformance: That a land use approval does not reiterate any and each particular detail, provision, requirement, rule, spec, or standard from any of the WDO, other ordinances, resolutions, public works construction code, or department policies does not exempt development from conformance with them. ---PAGE BREAK--- CU 24-01 US Market gas station 2115 Molalla Rd – Planning Commission Final Decision - Page 4 of 21 b. Copies: The developer, including any succeeding contractor, shall provide copies of documentation that a City staff person requests regardless if the documentation source is another City staff person or department. c. Fees: The developer shall pay fees per Attachment 202. ---PAGE BREAK--- CU 24-01 US Market gas station 2115 Molalla Rd – Planning Commission Final Decision - Page 5 of 21 Design Review 24-01 D1. ROW: To conform with WDO Figure 3.01B, as part of recordations and regarding OR 211, the applicant shall dedicate variable width ROW resulting in half-street ROW that is uniform 50 ft wide min measured from road centerline, and a streetside PUE 10 ft wide. D2. Driveways: a. Number: To conform with WDO 3.04.03B.5 regarding access management, the number of driveways shall be limited as follows: 1, max width 24 ft, except 26 if the developer through WDO Table 3.04A footnote 7 provides Woodburn Fire District (WFD) documentation of how its application of Oregon Fire Code (OFC) requires 26 ft, including a plan sheet from the applicant showing that turn radius would necessitate a 26-foot wide approach, apron, curb cut, or ramp; and If the WFD were to later desire a secondary, fire or emergency access driveway and ODOT to permit it, the area of driveway throat outside ROW shall be grass paving surface (“grasscrete”) max width 24 ft. b. Approach / apron / curb cut: Driveways shall conform to PW SS&Ds, Section 4150, unless documented as overridden by ODOT choosing to apply its standards. D3. Cross access: To conform with WDO 3.02.01E, 3.04.01A.2, 3.04.03B.3 & 5, 3.04.03C.1 & 4, and 3.04.03D.2, the developer shall: a. Extend a drive aisle stub conforming to WDO 3.04.03C.4b to the westerly north property line along Tax Lot 051W09B000900 (2145 Mollalla Rd; Woodburn Place Apartments). b. At the interface of a property line and a drive aisle stub, fixed obstructions including curbing is prohibited. (The developer may instead place signed barricades atop the pavement.) c. To meet WDO 3.04.01A.2 and 3.04.03B.5, C.1, C.4a, & D.2, establish what is termed any of cross access, ingress/egress, or shared access revocable only with the written concurrence of the Director and that grants or grant public access to and from the main driveway at OR 211 and connects or connect with all drive aisle stubs. d. General: Regarding recordation of one or more types of legal instruments and how, the developer shall conform to the conditions in ways that satisfy the County. e. Any parking that a southerly east cross access drive aisle stub would displace from Woodburn Place Apartments (2145 Mollalla Rd) shall not reduce provision of minimum required off-street parking for the apartments of 2 per apartment for 220 apartments equaling 440 parking spaces. (The burden of documentation shall remain with the gas station developer.) ---PAGE BREAK--- CU 24-01 US Market gas station 2115 Molalla Rd – Planning Commission Final Decision - Page 6 of 21 D4: Parking: a. Vehicular circulation directional markings/signage: To conform to WDO 3.05.02J, during building permit review the Director may administratively establish details, specifications, and revisions to administer the WDO section. Further site plan revisions necessary to conform, if any, shall be due by building permit issuance. b. C/V: Carpool/vanpool (C/V) parking shall conform with Table 3.05C and 3.05.03H. c. EV: Electric vehicle (EV) parking shall conform with Table 3.05E and 3.05.03I. D5. Bicycle parking shall conform with WDO Table 3.05D and 3.05.06. D6. Trash enclosure: If any outdoor storage of trash and recycling is later proposed, then it shall be enclosed in conformance with WDO 3.06.06B and, regarding roofing, in conformance with Public Works Department Engineering Division standards or directions regarding such, if any, in relation to keeping polluted water from entering drains. ---PAGE BREAK--- CU 24-01 US Market gas station 2115 Molalla Rd – Planning Commission Final Decision - Page 7 of 21 Conditional Use 24-01 CU1. Frontage/street improvements: These shall be: a. Landscape strip and sidewalk: Each is already constructed and each shall remain min width 8 ft wide min, exc. curb dimension, which would matching the frontages on both sides of the subject property. b. Street trees: Per WDO 3.06.03A.1 (1:30), equaling 5 trees per frontage. For max 2 of the min trees required along the frontage, the developer may pay a fee in-lieu per Attachment 202. c. Sidewalk: 8 ft wide min, which would match the frontages on both sides of the subject property, and that mayIf and where the sidewalk overlaps north beyond the ROW, the developer shall grant the PUE with granting of public access via either the PUE or separate easement. CU2. Walkways: North walkway: Min 1 connecting at the north with the Woodburn Place Apartments walkway system at 2145 Molalla Rd (051W09B000900) and per WDO 3.04.06C & D.2 and 3.06.03C.4. CU3. Landscaping generally: a. Bark dust: By the end of the time period per WDO 3.06.02C, 5.0% max of unpaved landscaped area may be non-living material such as bark dust, mulch, wood chips, cobbles, gravel, pebbles, or sand. b. Buffering/screening: Evergreen hedge or shrubbery shall: Line AW segments. Screen transformers and other at-grade electrical and mechanical equipment along min 2 sides. c. Coniferous/evergreen trees: Among newly planted trees, min 1 tree of the following coniferous or evergreen species: ---PAGE BREAK--- CU 24-01 US Market gas station 2115 Molalla Rd – Planning Commission Final Decision - Page 8 of 21 Cedar, deodar Madrone, Pacific Cedar, incense Oak, Oregon White Cedar, Western Red Pine, Lodgepole Douglas-fir Pine, Ponderosa Fir, Grand Pine, Western white; and Hemlock, Western Yew, Pacific d. Tree standards: The same as WDO Table 3.06A “Minimum Size” column – either 10 ft height or 2 inches caliper. CU4. Front yard landscaping: a. Depth: The depth of landscaping from widened ROW north shall be min 13 ft to vehicular circulation area back of curb to accommodate newly planted front yard trees outside of the streetside PUE. The min depth may instead be 5 ft if ODOT, such as through the Region 2 Development Review Coordinator, allows planting of trees within the PUE, the allowance is documented through building permit review and by the time of first structural building permit issuance with the applicant having submitted plans revised accordingly to both the agency and the City Community development Department, and the developer will have planted such trees by building permit inspection. b. Trees: Based on WDO 5.03.01B.3c5), the south yard shall have min 3 trees that complement the row of street trees and are placed within a band between streetside PUE and max 15 ft from ROW. c. Hedge/shrubbery: To conform with WDO 3.06.05B, within the front yard the south site perimeter landscaped area between the east property line and the wide walkway shall have a hedge or shrubbery as a screen of vehicular circulation area min height 3.5 ft. Such shall be planted to be min 2 ft from sidewalk and the wide walkway. Min number equal to 1 plant per 2.5 ft of length, in no case no fewer than min 42 shrubs. CU5. West side yard landscaping: Within the west side yard the west site perimeter landscaped area shall have: a. Trees: Min 13 trees. b. Hedge/shrubbery: A hedge or shrubbery as a screen of vehicular circulation area and parking min height 3.5 ft. Min number equal to 1 plant per 2.5 ft of length, in no case no fewer than min 85 shrubs. ---PAGE BREAK--- CU 24-01 US Market gas station 2115 Molalla Rd – Planning Commission Final Decision - Page 9 of 21 CU6. Architecture: a. Canopies / fixed awnings: General: Min height clearance 9 ft. Fuel pump canopy: Max ceiling height 1614.5 ft to either ceiling or ceiling-mounted lighting fixtures, whichever is lower. Convenience store and car wash: The store main entrance shall have a canopy, fixed awning, building recess, or roof projection that shelters from precipitation, 4 ft narrowest dimension and 40 sq ft min area. Each side or rear single staff door on the rest of the store and car wash building(s) shall have the same, except 3 ft narrowest dimension and 18 sq ft min area, and for a set of double staff doors, 30 sq ft min area. b. Cladding/materials: The desired materials provision of WDO 3.07.06B.2b(2) shall be a standard for all building elevations and with visible bare concrete, if any, limited to a band max 6 inches above grade Convenience store and car wash building(s) base cladding shall be min height 2 ft of brick, CMU finished to resemble cut stone, or adhered stone and per elevation/façade as follows: East and south: Along the widths, except that the developer may omit base cladding to allow windows to extend to finished floor elevation (FFE). West: Along the width of the convenience store volume and along the north (left) 1.5 ft of the car wash volume. North: Along the car wash volume and along the segment of the convenience store volume under the gable end. The prohibited materials provision of WDO 3.07.06B.2b(3) shall be a standard. Visible bare concrete, if any, is limited to a band max 6 inches above grade. c. Scuppers: Any building rainwater scuppers shall not to dump onto the pavement of a wide walkway. d. Setbacks: South front setback or setback abutting a street shall be min depth 15 ft. e. Windows: Store south front elevation: The 30.0% window area of WDO 3.07.06B.2b(1) shall be a standard, and this percentage shall be transparent. Store west side elevation: Min 1 window, 2 ft narrowest dimension and 8 sq ft min area, which shall be transparent or translucent. Store north rear elevation: Min 1 window, 2 ft narrowest dimension and 8 sq ft min area, which shall be transparent or translucent, aligned with the west gable end. ---PAGE BREAK--- CU 24-01 US Market gas station 2115 Molalla Rd – Planning Commission Final Decision - Page 10 of 21 CU7: Architectural Wall (AW) / Fences / Fencing: a. Extent: Along the car wash drive-through, specifically segments of the north and east property lines as follows: North: From 8 ft east of the walkway to the northeast property corner; and East: from the northeast property corner to the car wash building, and extending south from the car wash building to a point 5 ft north of the east-west drive aisle back of curb. b. Placement: The AW shall be set back onto the subject property min 3 ft from property line, and adjacent site perimeter landscaping shall follow the outside of the wall. c. Height: Min 5.5 ft, and there shall be a smooth concrete cap min height 1.5 inches that may be within or in addition to the AW min height. d. Material: Masonry; however, AW segments may be partly made of opaque cedar wood fencing if the wall appears mostly masonry. Specifically, masonry must constitute the bottom extent of wall segment from grade up to min of 2 ft, 8 inches above grade plus the height of a smooth concrete cap between the masonry and the wood, and there shall be piers, pillars, or pilasters per subsection “Pillars” below. Exhibit CU7 below illustrates a similar, conforming example serving as concrete masonry unit (CMU) model: Exhibit CU7 (DR 2017-08; 1750 Park Ave) e. Pillars: Whether the AW is solid masonry or incorporates wood fencing, each AW segment end shall have a pier or pilaster min 16 inches wide relative to wall face and per WDO 3.06.06B.3 projecting min 3 inches each side of the wall. Number: Total min number of piers, pillars, or posts across all AW segments is 5: one west end, one middle north, one property northeast corner, one middle east, and one south end. Cap: Each pier or pilaster shall be capped with ornamental concrete in the form of any of a shallow-sloped pyramid or sphere or other finial atop such pyramid. f. Treatment: If the AW is CMU and has one or more courses of ground or smooth face CMU, regarding WDO 3.06.06B.7, such course or courses shall be at approximately elbow height of an average height person standing at grade. ---PAGE BREAK--- CU 24-01 US Market gas station 2115 Molalla Rd – Planning Commission Final Decision - Page 11 of 21 g. Color: Masonry dye and/or paint shall be a color or colors other than black, charcoal, or gray. Regarding WDO 3.06.06B.5 & 6, on the AW and any other free-standing walls with two or more colors, darker color shall be towards the bottom and the lighter one towards the top. (For any other fence / fencing or free-standing wall, including gates if any, the coating and slats that WDO 2.06.02D requires and any wall shall be a color or colors other than black or charcoal.) CU8. Lighting: Besides conformance with WDO 3.11: a. Fuel pump canopy: Max 10 ceiling fixtures. Any ceiling fixture shall be no closer to east, south, or west ceiling outer edge than 4 ft. Neon lighting, or a lighting technology that mimics the appearance of neon lighting, is prohibited on the fuel pump canopy and on the convenience store and car wash building(s). The developer shall make so either of the following: ceiling light fixtures shall not drop below the ceiling plane, or for ceiling-mounted fixtures, the canopy roof edge perimeter shall as a shield drop or extend down to the same plane as the underside of the lowest fixture. In either case, fixtures that drop or extend down from the ceiling shall each have opaque housing on all sides. b. Convenience store: Max 2 wall fixtures on the west side. ---PAGE BREAK--- CU 24-01 US Market gas station 2115 Molalla Rd – Planning Commission Final Decision - Page 12 of 21 CU9. Gas station operations: a. Noise: Fuel pumps: Audible audiovisual advertising, if any, is prohibited from sounding from fuel pump electronic display speakers. Such advertising shall be limited to sight only. Tire/vacuum: Addition of any vehicle interior vacuum facility outdoors, tire pump facility outdoors, or other similar mechanical facility outdoors for gas station customers that makes noise shall be located min 15 ft south of the north property line, 15 ft west of the east property line segment that is north of the car wash, and 15 ft east of the west property line segment extending 80 ft south of the northwest property corner. Any vacuum shall be open to customer use no earlier and later than Monday through Saturday 7:00 a.m. to 9:00 p.m. and Sunday 9:00 a.m. to 6:00 p.m. Car wash: Regarding hours of operation, the car wash shall be open to customer use no earlier and later than Monday through Saturday 7:00 a.m. to 9:00 p.m. and Sunday 9:00 a.m. to 6:00 p.m. Gas station and Cconvenience store: The gas station and convenience store shall be open to customer use no earlier and later than Monday through Saturday 6:00 a.m. to midnight and Sunday 6:00 a.m. to 11:00 p.m. b. Trash: There shall be at least one trash receptacle along each of the wide walkway and north walkway, at min 0.5 ft from walkway edge or outside the building south perimeter wide walkway minimum width (8 ft), for intended use by convenience store customers, and remaining privately maintained and serviced. c. Vehicular circulation: Fuel pump queueing: General: The developer shall stripe directional arrows and lines to direct motorists into fuel pump queues and distinguish the queues from driving routes around the fuel pump canopy. Stacking: Of six queues, each shall fit stacking of min one car south of the fuel pump island behind a car parked at the pump. Queueing may be obtusely angled relative to the pump islands. ---PAGE BREAK--- CU 24-01 US Market gas station 2115 Molalla Rd – Planning Commission Final Decision - Page 13 of 21 Directional signage: There shall be directional signage that accomplishes directing on-site motorists where and how to queue, including pumps that are self-service and those served by an attendant. The Director may administratively establish locations, details, specifications, and revisions to administer this condition part during building permit review. Further site plan revisions necessary to conform, if any, shall be due by building permit issuance. CU10. Signage: Electronic changing image: In addition to WDO 3.10.12, based on the hours in Ordinance No. 2338, Section 5A Light Trespass, any sign electronic changing image, if and where WDO 3.10 allows such, other than fuel price displays, shall be off during the same hours as when the convenience store is closed. (See Condition CU9a(4).) CU11. Modification: Because the WDO, including 5.03.01, does not specify how changes to an approved conditional use (CU) and related site improvements might trigger another CU or modification of a CU approval, for Director determination the following serve as criteria and – where noted – as factors: a. Significant expansion of the use(s), factors being an increase in any of: total GFA by 25.0% or more or by an absolute value of 1,000 sq ft or more, and, the number of buildings by 1 or more; b. Increase in off-street parking by 5 or more stalls, even if the existing supply were in excess of the minimum required ratio(s); c. Net increase in impervious surface totaling at least 1,000 sq ft; d. Adding the land uses of automotive maintenance and repair, whether or not including through service bay structures. e. Development as defined in WDO 1.02 within twenty (20) feet of a property boundary and not already conditioned through the subject approval; f. Any proposal necessitating a request for Adjustment to Street Right-of-Way and Improvement Requirements (“Street Adjustment”); g. Any proposal necessitating a request to vary from the WDO, that is, a variance; h. Any proposal necessitating a Type III or IV land use application type; and i. City adoption of a unified development ordinance replacing the WDO were to have intervened. Modification of a specific condition of approval remains pursuant to WDO 4.02.07. Were the City to have amended the WDO to establish modification provisions for conditional uses, the Director may decide that the provisions supersede this condition of approval. CU12. Discontinuance/revocation: Because the WDO does not specify if and when a conditional use approval would expire were a use to cease, based on WDO 4.02.04B the approval shall expire if the WDO Table 2.03A, B.2 use of “gasoline station” ceases and 3 years pass without the use recommencing. This CU approval excludes the uses "automotive maintenance" and "repair services" from the group of uses as the WDO terms. ---PAGE BREAK--- CU 24-01 US Market gas station 2115 Molalla Rd – Planning Commission Final Decision - Page 14 of 21 Conditional Use 24-01: Transportation T-A. OR 99E & OR 211/214: a. Mitigation: Similar as was for ANX 2019-01 Woodburn Place Apartments and CU 22-01 Woodburn Place West Apartments, the developer shall pay a proportionate share contribution towards the same mitigation project, specifically a westbound dedicated right-turn lane or pocket that leads to OR 99E northbound based on ANX 2019-01 ODOT agency commentary (April 6, 2020). b. The proportionate share shall be 2.274.8% that equals an absolute amount per Attachment 202. ---PAGE BREAK--- CU 24-01 US Market gas station 2115 Molalla Rd – Planning Commission Final Decision - Page 15 of 21 Expiration: Per Woodburn Development Ordinance (WDO) 4.02.04B., a final decision expires within three years of the date of the final decision unless: 1. A building permit to exercise the right granted by the decision has been issued; 2. The activity approved in the decision has commenced; or 3. A time extension, Section 4.02.05, has been approved. Regarding subsection B.1 above, if by 10 years past the final decision date there is no substantial construction as Section 1.02 defines following issuance of a building permit, the final decision shall expire and fail to vest. Regarding subsection B.2 above as applies to Property Line Adjustment, Consolidation of Lots, and Partition and Subdivision Final Plat Approval application, the developer shall complete recordation no later than the land use expiration date. ---PAGE BREAK--- CU 24-01 US Market gas station 2115 Molalla Rd – Planning Commission Final Decision - Page 16 of 21 Notes to the Applicant: 1. Records: Staff recommends that the applicant retain a copy of the subject approval. 2. Fences, fencing, & free-standing walls: The approval excludes any fences, fencing, & free-standing walls, which are subject to WDO 2.06 and the permit process of 5.01.03. 3. Signage: The approval excludes any private signage, which is subject to WDO 3.10 and the permit process of 5.01.10. 4. PLA Time Limit: WDO 4.02.04B. specifies that, “A final decision on any application shall expire within three years of the date of the final decision unless: 1. a building permit to exercise the right granted by the decision has been issued; 2. the activity approved in the decision has commenced; or 3. a time extension, Section 4.02.05, has been approved. Because unrecorded re-plats lingering indefinitely have burdened staff, a condition sets sooner time limits for subsection 2. to begin and finish recordation. 5. Mylar signature: The Community Development Director is the authority that signs plat Mylars and not any of the mayor, City Administrator, Public Works Director, or City Engineer. Only one City signature title block is necessary. 6. PLA Plat Tracker: Marion County maintains a plat tracking tool at