Document Woodburn_doc_7154a36a83

Project Location: File Numbers: Property Owner: Applicant: Date of Decision: Staff Reviewer: Staff Decision: Executive Summary .PPD;BV~N Incorporated -1889 Final Decision Type 11 Staff Report 1767 W Hayes Street (Tax Lot 052W12DD00300) Preliminary Partition PAR 25-01 Street Adjustment SA 25-01 Manuel Bautista Manuel Bautista June 10, 2025 Dan Handel, Senior Planner Approval with Conditions The subject property is 1767 W Hayes Street, a 0.53-acre property in the Single-Family Residential {RS) zoning district. The property is developed with an existing duplex, built in 1942. The applicant applied for this Preliminary Partition application to split the property into two parcels. The existing duplex will be situated within the westerly parcel and the applicant intends to develop the easterly parcel with a triplex. A Street Adjustment application was also included to request modified street improvement requirements for the frontage along W Hayes Street. Staff approved with conditions this Preliminary Partition and Street Adjustment application package. ---PAGE BREAK--- Aerial view of the subject property outlined in red (2023) IW:ll :Jl • G. r~r:r. H PARTITION PLAT PRELIMINARY MAP PORT10HS or LOTS JI, AND Jl, "HAJ.1. 's HOll€ T'R.ACf'S~ LOCA trn IN TH£ 1/4 S£Cn011 12, R.2W., W.U. arr CF "100(,(J(JPN, J;,l,ARIOH COONTY, J.IAY W SCAI.£ 1•-20• ( ! 1~ I I . ...:JO•f)C,'J1"7JIJ i I tt , I d I l Ii ! y i . / - - - - ~ ' ' -Ir ' 1 Proposed partition plan W ,111-.. •H 1. IJ'T3-, ~ V4" : , ~rr~, LEGEND: 0 • 1111 . . , : . Cl r, _ . 12 . . ~ .l n•u,w-.;1,1 • ! ~ 11!1 ~ -nf, l'!I a;i ~ a Ill l!N ~ J 'ie Fl • t ,lj ,"fil: GAAPHICSCALE 4 CENTERLINE CONCEPTS LAND SURVE.YING, INC. 51.,H I[ 12') C. Use it to check on the status of a recordation request to the County. City staff does not track County plat recordation. 4. Other Agencies: 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. Marion County plumbing permits must be issued for all waterline, sanitary sewer, and storm sewer work installed beyond the Public Right-of-Way, on private property. ---PAGE BREAK--- PAR 25-01 & SA 25-01 Staff Report Attachment 102 Page 1 of 16 Analyses & Findings This attachment to the staff report analyzes the application materials and finds through 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 with condition of approval • Other special circumstance benefitting from attention Modification or condition of approval required Deviation from code: Street Adjustment Request to modify, adjust, or vary from a requirement Location & Legal Lot Status Address 1767 W Hayes Street Tax Lot 052W12DD00300 Nearest intersection W Hayes Street & Killian Spring Drive The Marion County Assessor’s property record notes the subject property is a fraction of Lots 36 & 37 of the Hall’s Home Tracts subdivision plat, recorded in 1909, and the existing duplex was built in 1942. Staff surmises it is a legal lot. Land Use & Zoning Comprehensive Plan Land Use Designation Low Density Residential Zoning District Single-Family Residential (RS) Overlay Districts none Existing Use Duplex ---PAGE BREAK--- PAR 25-01 & SA 25-01 Staff Report Attachment 102 Page 2 of 16 For context, the subject property and adjacent zoning are illustrated and tabulated on the following page. Zoning map excerpt Section references throughout this staff report are to the Woodburn Development Ordinance (WDO). Statutory Dates The application package was submitted on February 6, 2025 and deemed complete on May 21, 2025, making the 120-day decision deadline September 18, 2025. Cardinal Direction Adjacent Zoning North RS East RS South P/SP and RS West RM ---PAGE BREAK--- PAR 25-01 & SA 25-01 Staff Report Attachment 102 Page 3 of 16 Applicable Provisions 2.02 Residential Zones A. The City of Woodburn is divided into the following residential zones: 1. The Residential Single Family (RS) zone is intended to establish standard density single-family residential developments (typically 6,000 square foot lots). B. Approval Types (Table 2.02A) 1. Permitted Uses are allowed outright, subject to the general development standards of this Ordinance. Uses Allowed in Residential Zones Table 2.02A Use Zone Accessory Uses Conditional Uses (CU) Permitted Uses Special Permitted Uses Specific Conditional Uses (SCU) RS RSN R1S RM RMN A Dwellings 2 Duplexes P P P P P 3 Triplexes P P P P P 4 Quadplexes P P P P P Staff Finding: The subject property is within the RS zone and is developed with a duplex. The proposal is to partition the property into two parcels. The existing duplex will be situated entirely on one parcel, and the applicant anticipates developing the other parcel with a triplex or quadplex. Per Table 2.02A, the proposed uses are permitted outright. The proposed uses are permitted outright. C. Development Standards (Tables 2.03B-F) Residential Single-Family (RS) – Site Development Standards Table 2.02B KEY (See Figure 2.02B) Lot Area, Minimum (square feet) 1 Townhouse lot 1,500 Interior, flag or cul-de-sac lot Single-family dwelling, duplex, or triplex 6,000 Quadplex or cottage cluster 7,000 Corner lot Single-family dwelling, duplex, triplex, quadplex, cottage cluster, 7,000 ---PAGE BREAK--- PAR 25-01 & SA 25-01 Staff Report Attachment 102 Page 4 of 16 Residential Single-Family (RS) – Site Development Standards Table 2.02B KEY (See Figure 2.02B) child care facility, or group home 2 Any other use 10,000 Lot Width, Minimum (feet) Townhouse lot 15 Any other use Interior, flag or cul-de-sac lot 50 Corner lot 60 Lot Depth, Average (feet) Interior, flag or cul-de-sac lot 90 Corner lot 90 Street Frontage Minimum (feet) Townhouse lot 15 Interior lot 40 Corner lot 50 Cul-de-sac lot 22 Flag lot 3 20-24 Residential Density, Minimum (units per net acre) 5.2 Front Setback and Setback Abutting a Street, Minimum (feet) 4, 5 Per Table 2.02G Side Setback, Minimum (feet) Townhouse lot Common wall Zero End unit exterior wall 5 Any other use 8 5 4 Rear Setback, Average (feet) Cottage cluster 10 Any other use: Primary structure Building height (feet) 6, 13 16 or less 24 more than 16 and less than 28 30 11 28 or more 36 12 Accessory structure 5 Any use or structure, regardless of building height: To an alley or shared rear lane Zero Setback to a Flag Lot Development Vehicular Shared Access Easement, Minimum (feet) 1 A B C D E F H G I J K L M N ---PAGE BREAK--- PAR 25-01 & SA 25-01 Staff Report Attachment 102 Page 5 of 16 Residential Single-Family (RS) – Site Development Standards Table 2.02B KEY (See Figure 2.02B) Lot Coverage, Maximum (percent) 7 Primary building height 16 feet or less 40 Primary building height greater than 16 feet 35 Accessory structure 25 of rear yard 9, 10 Building Height, Maximum (feet) Primary structure Gateway overlay district (Section 2.05.01) 40 Outside Gateway overlay district 35 Features not used for habitation 70 Accessory structure 15 10 1. In flag lot development, excluding vehicular shared access easement area (See Section 1.02, Lot area) 2. Child care facility for 12 or fewer children, group home for five or fewer persons 3. See Table 3.04A, Flag Lot Access Width. 4. Except for flag lots under the option that all setbacks are 12 feet 5. Infill lots between developed lots: average of abutting residential buildings, plus or minus 5 feet, but not fewer than 10 feet 6. With a maximum deviation of five feet from the setback standard 7. Townhouses are exempt from maximum lot coverage, and per OAR [PHONE REDACTED](4)(g) cottage clusters are exempt from the maximum lot coverage standard. 8. A house of worship shall be set back at least 20 feet from a property line abutting a residential zone or use. 9. Accessory structures are included in the total lot coverage. 10. Accessory Dwelling Units are subject to specific development standards (see Section 2.07, Special Uses). 11. Applies to the story or stories of the building within this height tier, not the ground story, per Figure 2.02B. 12. Applies to the story or stories of the building within this height tier, not the lower and ground stories, per Figure 2.02B. 13. Zoning Adjustment permissible. Staff Finding: Parcel 1 will be 8,715 SF, have a lot width of 71.63 ft, have a lot depth of approximately 134 ft, and have 71.63 ft of street frontage. There is an existing duplex building that will be entirely situated within Parcel 1. The partition plan demonstrates that the building will meet or exceed the front/street and east side setback requirements (the only two sides that are impacted by the partition): P ---PAGE BREAK--- PAR 25-01 & SA 25-01 Staff Report Attachment 102 Page 6 of 16 • The setback along W Hayes St is 28 ft, however after accounting for right-of-way dedication it will be reduced to 12 ft. Because this is an existing structure, the right-of- way dedication is allowed to create a nonconforming setback. • The east side setback is 20.9 ft. There are also three existing accessory shed structures illustrated on Parcel 1, none of which meet the 5-foot setback requirement for accessory structures. Staff therefore adds Condition of Approval 4a to either remove the structures or relocate them to conform. Regarding lot coverage, the existing duplex is 1,834 SF and the existing sheds are 96 SF, 144 SF, and 200 SF, for a total of 2,274 SF or 26.1% lot coverage for the proposed 8,715 SF parcel. The height of the existing duplex is not proposed to be modified through this partition. Parcel 2 is shown to be 10,527 SF (11,724 SF – 1200 SF private access easement area), have a lot width of 86 ft, have a lot depth of 140 ft, and have 86 ft of street frontage. Setbacks, lot coverage, and building height standards would be reviewed through a building permit application for this parcel. The partition plat illustrates an existing accessory structure, which the applicant has identified as a well house, encroaching into the new private access easement. Staff adds Condition of Approval 4b to remove this encroachment. The requirements are met with Condition 4. 2.05 Overlay Districts None apply. 2.06 Accessory Structures 2.06.02 Fences and Walls Staff Finding: Because new fencing is reviewed separately via a Fence Permit, staff adds Condition of Approval 5 to obtain a Fence Permit for any new fencing. The provisions are met with Condition 5. 2.07 Special Uses None apply. 2.08 Specific Conditional Uses None apply. 3.01 Streets, Greenways & Other Off-Street Bicycle/Pedestrian Corridors, and Bus Transit 3.01.01 Applicability A. Right-of-way standards apply to all public streets and public alleys. ---PAGE BREAK--- PAR 25-01 & SA 25-01 Staff Report Attachment 102 Page 7 of 16 B. Improvement standards apply to all public and private streets, public alleys, sidewalks, landscape strips, and on and off-street public bicycle pedestrian corridors. Standards do not exclude conformance with the public works construction code that the Public Works Department administers. C. The Woodburn Transportation System Plan (TSP) designates the functional class of major thoroughfares and local streets. D. This applies to all development as Section 1.02 defines, and is not limited to partitions, subdivisions, multi-family, commercial or industrial construction, or establishment of a manufactured dwelling or recreational vehicle park; however, a lesser set of standards applies to infill residential development of 4 or fewer dwellings and where no land division or Planned Unit Development is applicable, including construction of a single-family dwelling or placement of a manufactured dwelling on an infill lot. See Section 3.01.03C.2. 3.01.02 General Provisions A. No development shall be approved, or access permit issued, unless the internal streets, boundary streets and connecting streets are constructed to at least the minimum standards set forth in this Section, or are required to be so constructed as a condition of approval. C. Materials and construction shall comply with specifications of the City of Woodburn. D. The standards of this Section may be modified, subject to approval of a Street Adjustment, Planned Unit Development, Zoning Adjustment, or Variance. Other sections restrict where and how these application types apply. E. When all public improvements are due: The construction of all public improvements, their passing City inspections, and acceptance by the City are due no later than by either 5.01.06B in the context of land division final plat application to the City or by building permit issuance, except if the developer applies to the City through the Public Works Department for deferral and the City Administrator or designee issues a document approving and describing a bond or performance guarantee pursuant to Section 4.02.08. Administration of bonding and performance guarantees for improvements that are public defaults to the Public Works Department, and the department shall notify the Community Development Director of deferral applications and any approvals and conditions of approval. F. Fees in-lieu: Per Section 4.02.12. 3.01.03 Improvements Required for Development A. With development, the Internal, Boundary, and Connecting streets shall be constructed to at least the minimum standards set forth below. C. Boundary Streets 1. The minimum improvements for a Boundary Street may be termed “half-street” improvements and shall be as follows, except per subsection 2: a. One paved 11-foot travel lane in each direction, even though this results in required improvements being more than half-street by exceeding what the applicable cross section figure would require for a half-street; b. On-street parking on the side of the street abutting the development, if the required cross section includes on-street parking; c. Curb on the side of the street abutting the development; d. Drainage facilities on the side of the street abutting the development; e. Landscape strip with street trees and lawn grass on the side of the street abutting the development; and f. Sidewalk on the side of the street abutting the development. ---PAGE BREAK--- PAR 25-01 & SA 25-01 Staff Report Attachment 102 Page 8 of 16 G. ADA: The minimum standards of this Section 3.01 apply to development such that implementation includes constructing new or upgrading existing public improvements to be ADA- compliant. 3.01.04 Street Cross-Sections A. These standards are based on the functional classification of each street as shown in the Woodburn TSP. The street right-of-way and improvement standards minimize the amount of pavement and right-of-way required for each street classification, consistent with the operational needs of each facility, including requirements for pedestrians, bicycles, and public facilities. B. All public streets under the jurisdiction of the City of Woodburn shall comply with the cross- sections depicted in this Section, unless the developer obtains approval of Street Adjustment, modification through Planned Unit Development, Zoning Adjustment, or Variance as the WDO allows them to be applicable. Landscape or planter strips shall have area remaining after street tree plantings landscaped with lawn grass or, if the Public Works Director in writing allows, a species of groundcover. Cobblestones, gravel, pebbles, and rocks are prohibited. Bark dust, mulch, or wood chips are permissible only within the immediate vicinity of a street tree trunk. The developer shall install landscape strip irrigation, and shall provide temporary irrigation during construction, per the public works construction code. Figure 3.01D – Service Collector Staff Finding: The proposal is development therefore the provisions within 3.01 are applicable. The subject property has frontage along W Hayes Street, a Service Collector street. The default cross-section is Figure 3.01D. Existing conditions of W Hayes Street along the subject property include: • Approximately 61.5 feet of right-of-way; • One travel lane in each direction and one center turn lane, • A bike lane in each direction; and • A 6-foot-wide curbtight sidewalk on both sides of the street. ---PAGE BREAK--- PAR 25-01 & SA 25-01 Staff Report Attachment 102 Page 9 of 16 The applicant submitted a Street Adjustment application with a request to modify the street improvement requirements. Staff addresses the street improvement requirements further under the Street Adjustment provisions. 3.02 Utilities and Easements A. The Director shall require dedication of specific easements for the construction and maintenance of municipal water, sewerage and storm drainage facilities located on private property. B. Streetside: A streetside public utility easement (PUE) shall be dedicated along each lot line abutting a public street at minimum width 5 feet. Partial exemption for townhouse corner lot: Where such lot is 18 to less than 20 feet wide, along the longer frontage, streetside PUE minimum width shall be 3 feet; or, where the lot is narrower than 18 feet, the longer side frontage is exempt from streetside PUE. C. Off-street: The presumptive minimum width of an off-street PUE shall be 16 feet, and the Public Works Director in writing may establish a different width as a standard. E. As a condition of approval for development, including property line adjustments, partitions, subdivisions, design reviews, Planned Unit Developments (PUDs), Street Adjustments, Zoning Adjustments, or Variances, the Director may require dedication of additional public easements, including off-street public utility easements and other easement types such as those that grant access termed any of bicycle/pedestrian access, cross access, ingress/egress, public access, or shared access, as well as those that identify, memorialize, and reserve future street corridors in place of ROW dedication. Staff Finding: There are no municipal water, sewer, or stormwater facilities crossing through the subject property. There is no existing streetside PUE therefore pursuant to Figure 3.01D and 3.02.01B & E, staff adds Condition of Approval 9 to grant a streetside public utility easement along the widened frontage of W Hayes Street. The provisions are met with Condition 9. 3.02.03 Street Lighting A. Public Streets: Public streets abutting a development shall be illuminated with street lights installed to the standards of the City and the electric utility. A developer shall provide documentation to the attention of the Public Works Director indicating that any needed illumination complies with the standards. A developer is to refer to Illuminating Engineering Society (IES) of North America Recommended Practice 8, Roadway Lighting (RP-8) or other source as the public works construction code specifies. Staff Finding: ---PAGE BREAK--- PAR 25-01 & SA 25-01 Staff Report Attachment 102 Page 10 of 16 The City Engineer did not identify additional street lighting required for this property frontage. The provision is met. 3.02.04 Underground Utilities B. Street: All permanent utility service within ROW resulting from development shall be underground, except where overhead high-voltage (35,000 volts or more) electric facilities exist as the electric utility documents and the developer submits such documentation. 1. Developments along Boundary Streets shall remove existing electric power poles and lines and bury or underground lines where the following apply: a. A frontage with electric power poles and lines is or totals minimum 250 feet; and b. Burial or undergrounding would either decrease or not increase the number of electric power poles. The developer shall submit documentation from the electric utility. Where the above are not applicable, a developer shall pay a fee in-lieu, excepting residential development that has 4 or fewer dwellings and involves no land division. C. Off-street: 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. Staff Finding: There are aboveground power lines along the frontage of the subject property however the frontage totals less than 250 feet and the proposal is a partition for development of a triplex or quadplex. The burial requirement or fee-in-lieu is not applicable. Permanent utility services within the development will be reviewed through a building permit application. The provisions are met. 3.03 Setbacks and Open Space Staff Finding: As analyzed for 2.02, the existing duplex complies with setback requirements. There are also three existing accessory shed structures illustrated on Parcel 1, none of which meet the 5-foot setback requirement for accessory structures. Staff adds Condition of Approval 4a to either remove the structures or relocate them to conform. The provisions are met with Condition 4a. 3.04 Vehicular & Bicycle/Pedestrian Access 3.04.01 Applicability and Permit A. Street Access Every lot and tract shall have minimum access per subsection 1. or 1. Direct access to an abutting public street, alley, or shared rear lane; or 2. Access to a public street by means of a public access easement and private maintenance agreement to the satisfaction of the Director, revocable only with the concurrence of the Director, ---PAGE BREAK--- PAR 25-01 & SA 25-01 Staff Report Attachment 102 Page 11 of 16 and that is recorded. The easement shall contain text that pursuant to Woodburn Development Ordinance (WDO) 3.04.03B.3, the public shared access (ingress and egress) right of this easement is revocable only with the written concurrence of the Community Development Director. 3.04.03 Access Management: Driveway Guidelines and Standards B. Number of Driveways 1. For residential uses, along streets the maximum number of driveways per lot frontage shall be as follows and if and as subsection D further limits: a. Single-family dwelling and dwelling other than multiple family and other than townhouse: One driveway for every 100 feet of lot frontage. For a corner lot wider than 25 feet, the Director may prohibit a driveway on one of the frontages based on the factors of street functional class and whether the required street cross section includes on-street parking. 5. For all development and uses, the number of driveways shall be further limited through access management per subsections C & D below. C. Joint Access 1. Lots that access a Major Arterial, Minor Arterial, Service Collector, or Access Street should be accessed via a shared driveway or instead to an alley or shared rear lane. 3. Every joint driveway or access between separate lots shall be per the same means as in Section 3.04.01A.2. 4. Standards: a. Easement: Per Section 3.04.01A.2 and minimum width 20 feet. b. Improvements: The easement and the drive aisle or aisles it follows shall align along centerline. Each shared access drive aisle shall extend to the property line with no terminating curb and no fixed barrier mounted to the drive aisle. The drive aisle minimum width is 20 feet if without side curbs and 21 feet inclusive of side curbs. Staff Finding: The subject property has frontage along W Hayes Street, a public street, and both of the proposed parcels in this partition will maintain frontage on this street. As required by 3.04.03C.1., the applicant proposes a 20-foot-wide shared access easement over Parcel 2 to benefit Parcel 1. Staff adds Condition of Approval 6 to require both parcels utilize this shared driveway for vehicular access. The provisions are met with Condition 6. 3.04.04 Driveway & Drive Aisle Improvement Standards The portion of a driveway on private property shall be paved. Asphalt, brick, poured concrete, concrete pavers, and square or rectangular cobblestone pavers are allowed. Particularly within emergency-only fire lanes and lanes for maintenance vehicle access to private drainage and stormwater management facilities, but also anywhere on private property, reinforced cellular concrete (cast on-site) grass paving surface (“grasscrete”) is allowed also. Gravel is allowed only for property with residential zoning, where no land division is involved, and for existing development other than multiple-family dwelling. Gravel must be minimum 10 feet from the ROW of a street. Staff Finding: ---PAGE BREAK--- PAR 25-01 & SA 25-01 Staff Report Attachment 102 Page 12 of 16 Staff adds Condition of Approval 6 to require the shared driveway be paved prior to final inspection of a building permit for Parcel 2. The provisions are met with Condition 6. 3.04.05 Traffic Impact Analysis The Director determined that a transportation impact memo is not required for the proposal. 3.04.06 Bicycle/Pedestrian Access between Sidewalk and Building Entrances C. Walkway: Minimum 1 per frontage except where a wide walkway supersedes. Minimum width 6 feet and may have stairs. For residential development of other than multiple-family dwellings, each lot shall have a walkway minimum 2 feet wide of minimum length such that it connects sidewalk with an entrance to each and every dwelling on a given lot. The walkway shall not overlap a driveway, and where a walkway is flush with a driveway, it shall either be raised minimum 3 inches, have curbing which may be mountable, and be minimum 3 feet and 3 inches wide, or be dyed, patterned, stamped or otherwise treated or of a different paving material than the driveway to visually distinguish it from the adjacent driveway. Staff Finding: Staff adds Condition of Approval 7 to require a walkway connecting each dwelling unit in the duplex on Parcel 1 to the W Hayes St sidewalk. Development of Parcel 2 will be reviewed for conformance through future building permit applications. The provisions are met with Condition 7. 3.05 Off-Street Parking and Loading Staff Finding: The proposal is a Preliminary Partition. Development of Parcel 2 will be reviewed for conformance through future building permit applications. The provisions are not applicable. 3.06 Landscaping 3.06.01 Applicability The provisions of this Section shall apply: B. Dwellings other than multiple-family need comply only with the street tree and significant tree provisions of this Section. Staff Finding: The proposal is a Preliminary Partition. Development of Parcel 2 will be reviewed for conformance with street tree requirements through future building permit applications. ---PAGE BREAK--- PAR 25-01 & SA 25-01 Staff Report Attachment 102 Page 13 of 16 The provisions are not applicable. 3.07 Architectural Design Staff Finding: The proposal is a Preliminary Partition. Development of Parcel 2 will be reviewed for conformance through future building permit applications. The provisions are not applicable. 3.08 Partitions and Subdivisions 3.08.01 Requirements All partitions and subdivisions shall comply with the standards of ORS Chapter 92 and the Woodburn Development Ordinance. Staff Finding: This staff report outlines how the proposed partition complies with WDO requirements, or how it can through conditions of approval. Staff adds Condition of Approval 2 to require the partition be recorded in a manner acceptable to the Marion County Surveyor, who will verify compliance with ORS requirements for platting. The requirements are met with Condition 2. 3.09 Planned Unit Developments The proposal does not include a Planned Unit Development. 5.02 Type II (Quasi-Administrative) Decisions 5.02.04 Adjustment to Street Improvement Requirements (“Street Adjustment”) A. Purpose: The purpose of a Type II Street Adjustment is to allow deviation from the street standards required by Section 3.01 for the functional classification of streets identified in the Woodburn Transportation System Plan. The Street Adjustment review process provides a mechanism by which the regulations in the WDO may be adjusted if the proposed development continues to meet the intended purposes of Section 3.01. Street Adjustment reviews provide discretionary flexibility for unusual situations. They also allow for alternative ways to meet the purposes of Section 3.01. They do not serve to except or exempt from or to lessen or lower minimum standards for ROW improvements, with exceptions of subsections B & H. A Street Adjustment is for providing customized public improvements that substitutes for what standards require, while a Variance is for excepting or exempting from, lessening, or lowering standards, with exceptions of subsections B & H. A Street Adjustment for a development reviewed as a Type I or II application shall be considered as a Type II application, while development reviewed as a Type III application shall be considered a Type III application. ---PAGE BREAK--- PAR 25-01 & SA 25-01 Staff Report Attachment 102 Page 14 of 16 B. Applicability: Per the Purpose subsection above about improvements, and regarding ROW Street Adjustment may be used to narrow minimum width. Regarding alleys or off-street bicycle/pedestrian corridor or facility standards, see instead Zoning Adjustment. C. Criteria: 1. The estimated extent, on a quantitative basis, to which the rights-of-way and improvements will be used by persons served by the building or development, and whether the use is for safety or convenience; 2. The estimated level, on a quantitative basis, of rights-of-way and improvements needed to meet the estimated extent of use by persons served by the building or development; 3. The estimated impact, on a quantitative basis, of the building or development on the public infrastructure system of which the rights-of-way and improvements will be a part; 4. The estimated level, on a quantitative basis, of rights-of-way and improvements needed to mitigate the estimated impact on the public infrastructure system. 5. The application is not based primarily on convenience for a developer or reducing civil engineering or public improvements construction costs to a developer. 6. The application is not based primarily on the existence of adjacent or nearby nonconforming Boundary Street frontages. 7. Narrowing of ROW minimum width, if proposed, is not to a degree more than necessary to meet other criteria. In no case shall ROW total fewer than 35 feet, whether or not the total is allocated across centerline or to its side, except that this base requirement would not apply if subsection H below applies. 8. A Street Adjustment would provide a customized cross section alternative to the standard or standards and that meets the relevant purposes of Section 3.01, or the City reasonably can condition approval to achieve such. D. Minimum Standards: To ensure a safe and functional street with capacity to meet current demands and to ensure safety for vehicles, bicyclists and pedestrians, as well as other forms of non- vehicular traffic, the minimum standards for rights-of-way and improvements for Boundary and Connecting Streets per Sections 3.01.03C & D continue to apply. Exempting from or lessening or lowering those standards shall require a Variance. Deviation from applicable public works construction code specifications would be separate from the WDO through process that the Public Works Department might establish. E. Factors: Street Adjustment applications, where and if approved, shall have conditions that customize improvements and secure accommodations for persons walking and cycling, not only driving, that meet the purposes of Section 3.01. The City may through approval with conditions require wider additional ROW dedication along the part or the whole of an extent of the subject frontage to accommodate either adjusted improvements or improvements that vary from standards. F. Bicycle/pedestrian facility: If and where a Street Adjustment application requests to substitute or omit one or more required bicycle facilities, such as bicycle lanes, and the City approves the application, then the following should apply: For each substitute or omitted facility, the developer would construct a minimum width 8 feet bicycle/pedestrian facility on the same side of street centerline as the substituted or omitted facility. The City may condition wider. G. Landscape strip: If and where a Street Adjustment application requests to adjust one or more required landscape strips from between curb and sidewalk, and the City approves the application, then the list below should apply. This subsection is not applicable to bridge / culvert crossing. 1. Sidewalk: Construction of sidewalk minimum width 8 feet on the same side of street centerline as the adjusted landscape strip. The City may condition wider. ---PAGE BREAK--- PAR 25-01 & SA 25-01 Staff Report Attachment 102 Page 15 of 16 2. Planting corridor: For each landscape strip that is relocated, delineation and establishment of a street tree planting corridor along the back of sidewalk in such a way as to allow newly planted trees to not conflict with any required streetside PUE to the extent that the Public Works Department Engineering Division in writing defines what constitutes a conflict. To give enough room for root growth, the corridor minimum width would be either 6 feet where along open yard or 7 ft where it would be flush with a building foundation. This would include installation of root barriers between the trees and street centerline to public works construction code specification. 3. ROW: Where necessary to meet the above standards, dedication of additional ROW even if the additional is more than the minimum additional dedication that Section 3.01 requires. 4. Planting in ROW required: Street trees would not be planted in the yard outside ROW. H. If the applicable Boundary Street minimums are the lesser minimums for residential development of 4 or fewer dwellings and where no land division is applicable, as Section 3.01.03C.2 allows, then allowed adjustment is: 1. ROW: Relating to Section 3.01.03C.2a, to lower ROW minimum dedication either from a number greater than 5 feet to no fewer than 5 feet or from a number equal to or fewer than 5 feet to no dedication. Greater deviation requires Variance. 2. PUE, streetside: Relating to Section 3.01.03C.2b, to lower streetside PUE minimum dedication to no fewer than 3 feet. Greater deviation requires Variance. This subsection is not relevant to deviation from improvements. I. Plan review: An applicant shall submit among other administratively required application materials scaled drawings, including plan and cross section views, of proposed street improvement widths, extents, and details as well as existing conditions and proposed development site plans that include property and easement lines and physical features some distance beyond the boundaries of the subject property for fuller context. Staff Finding: The subject property has frontage along W Hayes Street, a Service Collector street. The default cross-section is Figure 3.01D. Existing conditions of W Hayes Street along the subject property include: • Approximately 61.5 feet of right-of-way; • One travel lane in each direction and one center turn lane, • A bike lane in each direction; and • A 6-foot-wide curbtight sidewalk on both sides of the street. The applicant submitted a Street Adjustment application with a request to dedicate right-of- way and streetside public utility easement but maintain the existing improvements. In 2023, the City reconstructed W Hayes St to include sidewalks, bike lanes, and a center turn lane. The City did not include the landscape strip in the design. It would be punitive to require the applicant to demolish the sidewalk that was just put in, create a landscape strip, and then repave the sidewalk. Staff approves the Street Adjustment request and adds Conditions of Approval 8 & 9 to memorialize the right-of-way and streetside public utility easement requirements. The requirements are met with Conditions 8 & 9. ---PAGE BREAK--- PAR 25-01 & SA 25-01 Staff Report Attachment 102 Page 16 of 16 5.02.05 Partition, Preliminary Approval A. Purpose: The purpose of this Type II review is to ensure that partitions - the dividing of a single lot into 3 or less lots within one calendar year - comply with this Ordinance, with the Land Use and Development Standards and Guidelines (Sections 2 and and applicable Oregon State Statutes. B. Criteria: Preliminary approval of a partition requires compliance with the following: 1. The preliminary partition complies with all applicable provisions of this ordinance. 2. Approval does not impede the future best use of the remainder of the property under the same ownership or adversely affect the safe and efficient development of any adjoining land. 3. The proposed partition is served with City streets, water, sewer and storm drainage facilities with adequate capacity. 4. That the partition takes into account topography, vegetation and other natural features of the site. 5. That adequate measures have been planned to alleviate identified hazards and limitations to development: a. For regulatory wetlands, these shall be the measures required by the Division of State Lands. b. For unstable areas, demonstration that streets and building sites are on geologically stable soil considering the stress and loads to which the soil may be subjected. Staff Finding: As examined elsewhere throughout this staff report, the proposal either meets all relevant provisions, can through conditions of approval, or can through approval of the Street Adjustment request. The existing is situated entirely within Parcel 1, and Parcel 2 is undeveloped. The proposal is a partition to prepare Parcel 2 for future development. Municipal water and sewer utilities are available within W Hayes St right-of-way for Parcel 2. The property is generally flat with no topographical concerns and is outside of the 100-year flood plain and any wetlands. Regarding any potential unstable areas, a geotechnical report would be submitted and reviewed alongside a building permit for any future development on site. The provisions are met. ---PAGE BREAK--- ^ Ð Ð R ! Ð <Ò 286.68 147.45 51 46 147.45 147.45 43 147.45 38 700 600 35 WOODBURN 500 100 60 60 11 80 800 60 60 65 12 80 HALL'S 295.43 900 301.92 60 65 60 301.96 301.95 13 80 14 NOTE - ASSESSED WITH TAX LOT 1000 60 60 100 ON MAP 05 2W 12A 80 SENIOR 51 46 15 S31 34 20W 118.60 147.45 58 43 1100 98.13 60 60 38 HOME 147.45 80 52 35 45 147.45 44 56.32 80 599-147 37 147.47 2400 36 80 200 16 400 58 53.18 1200 60 60 7 2300 37.79 80 53.18 80 2200 6 20.21 17 57.77 80 1300 145.8 58 60 60 2100 57.77 5 CS 22854 295.43 66 22 58 53.18 S13 24W 173.1 80 301.92 2000 4 18 80 117.05 301.95 1400 63 10.00 1900 53.16 80 3 53.17 27.0 54.99 54.99 63 30.40 1800 80 300 2 80 80 19 58 TRACTS 1 80 1500 90.01 81.57 1600 1700 64 62.89 21 58 20 56.68 118 80 (156.16) 52 154.46 45 147.45 74 2500 44 147.45 37 56.85 137.45 124.12 36 10.00 1 147.45 5.26 82.37 58 65.84 54.75 79 82 2600 77 78 58 5000 5200 5100 S88 46 40E 726.00 2 83.59 80 80 83.93 48.71 83.07 62.74 2700 64.28 58 45.82 3 80 ESTATES 30.91 48.98 4900 76 6300 50.19 2800 58 9.01 AC 89.08 64.39 4 55.05 82.56 48.96 15 86.64 4800 75 45.75 74.18 2900 35.65 60 50.74 5 79.34 80 103 22.35 5300 74 3000 4700 54 54 72.96 81.44 75.68 14 60 6 80 81.52 5400 3100 73 54 54.46 54 30.52 4600 53.43 13 64.64 7 80 80 80 5.54 27.48 N00 45E 600.00 5500 3200 54 58 72 58 54 4500 CS 16382 56 56 8 12 NO.7 80 73 80 5600 54 3300 56 56 71 54 4400 56 9 56 11 80 71 3400 54 72 54 5700 70 56 56 4300 10 80 10 56 56 80 80 3500 54 54 56 5800 69 56 4200 11 80 9 56 80 56 3600 80 54 54 5900 56 68 56 4100 12 80 N88 46 40W 726.00 56 8 80 56 80 3700 60 60 6000 67 56 56 4000 13 56 80 7 80 56 80 3800 6100 60 56 NOTE - ASSESSED WITH TAX LOT 60 66 56 3900 100 ON MAP 05 2W 12A 56 14 6 80 80 56 80 6200 56 56 5 80 NOR 6 30 30 20 30 R=55' CHURCH CASCADE 60 MAPLEWOOD CT 60 T WAY 50 60 OREGON WEST HAYES STREET 50 60 50 CIRCLE 50 50 CLACKAMAS 60 LINCOLN STREET 60 60 GOLF COURSE CASCADE 30 30 30 60 WEST HAYES 20 41.5 20 STREET 41.5 NELLIE MUIR GOLF COURSE CIRCLE ELEMENTARY DRIVE SCHOOL CLACKAMAS CASCADE 50 S CIRCLE 50 50 S CIRCLE 1/16 COR 1/16 COR SW COR G LEASURE DLC 78 NW COR J B DUCHAME DLC 80 1/16 COR 12 7 13 18 4248-0135 S00 45W 600.00 4268-0108 50 4268-0109 03 03 0 03 03 0 03 03 0 SEE MAP 051W07CB SEE MAP 052W12DA SEE MAP 052W12DC SEE MAP 051W07CC SEE MAP 052W13AA SEE MAP 052W12DB SEE MAP 052W13AB SEE MAP 052W13 MARION COUNTY, OREGON SE1/4 SE1/4 SEC12 T5S R2W W.M. WOODBURN WOODBURN 05 2W 12DD 05 2W 12DD SCALE 1" = 100' FOR ADDITIONAL MAPS VISIT OUR WEBSITE AT www.co.marion.or.us DISCLAIMER: THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY 05 2W 12DD 05 2W 12DD WOODBURN WOODBURN 05 2W 12DD 05 2W 12DD 05 2W 12DD 05 2W 12DD LEGEND LINE TYPES CORNER TYPES Section Corner <Ò 15 16 21 22 Waterline - Non Railroad Centerline Historical Boundary Easement Taxcode Line Map Boundary Road Right-of-Way Taxlot Boundary Railroad Right-of-Way Private Road ROW Subdivision/Plat Waterline - Taxlot NUMBERS Tax Code Number 00 00 0 All acres listed are Net Acres, excluding any portions of the taxlot within public ROWs Acreage Tick Marks: A tick mark in the road indicates that the labeled dimension extends into the public ROW 0.25 AC NOTES 200.00 175.00 PLOT DATE: 10/16/2020 CANCELLED NUMBERS R ! DLC Corner <Ò 1/4 Section Cor. Ð 1/16TH Section Cor. ATTACHMENT 103 ---PAGE BREAK--- ATTACHMENT 104