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Final Decision Planning Commission File number(s): CU 24-02, DR 24-02, PP 24-01, & SA 24-01 Project name: US Market gas station Date of decision: October 24, 2024 Applicant: Ronald “Ron” Ped, President/Architect, Ronald James Ped Architect, PC, 1220 20th Street SE, Suite 125, Salem, OR 97302-1205 Landowner: Lal Din Sidhu (“Don” Sidhu), Woodburn Petroleum LLC, 1311 Lancaster Dr NE, Salem, OR 97301-1907 Site location: 2540 & 2600 Newberg Hwy (Tax Lots 052W12DB03600 [primary] & 3700) Summary: The Planning Commission held a public hearing on August 22, 2024. The applicant requested to keep the record open for 30 days. Because that would fall on a weekend, it fell on the next business day, Monday, September 23. On October 24, the Commission deliberated upon the additional evidence and written testimony received after the hearing, as well as written arguments based on the closed record submitted by both an opposition attorney as well as the applicant’s attorney, and by a 5-2 vote approved the consolidated applications package (Type III) with the conditions recommended by staff through the staff report published August 22, except for one revision with two parts: 1. Striking Condition CU8d that would have required a median barrier to be constructed at Oregon Way to mitigate against right turns by trucks exiting the site and that referenced Attachment 102A, Public Works comments, item 6. 2. Deleting Attachment 102A, Public Works comments, item 6 that read, “A median barrier is required to be constructed at Oregon Way to mitigate against right turns by trucks exiting the site. The median barrier design and location will be part of the civil plans reviewed through the building permit application and construction of the median is due at the same time as Condition G4a (WDO 3.01.02E).” Items 7-12 became renumbered to 6-11. They are shown below in strikethrough-and-underline text and in Attachment 102A as a clean version. ---PAGE BREAK--- CU 24-02 US Market gas station 2540 & 2600 Newberg Hwy – Planning Commission Final Decision - Page 2 of 31 The request is for conditional use (for a gas station), design review, phasing plan, and Street Adjustment application types to develop a site of two lots totaling approximately 1.42 acres into a gas station as follows: 1. On Tax Lot 3600 (east, corner lot), a convenience store of 4,110 square feet (sq ft), 6 pump islands with 12 pumps, a commercial office tenant space of 1,863 sq ft attached to the south side of the convenience store, and; 2. On Tax Lot 3700 (west, interior lot), as Phase 2 a southwest commercial office building of 5,000 sq ft. The subject property is in the Commercial General (CG) zoning district. Many parties testified. The table below in the “Testifiers” section lists testifiers. Section references are to the Woodburn Development Ordinance (WDO). ---PAGE BREAK--- CU 24-02 US Market gas station 2540 & 2600 Newberg Hwy – Planning Commission Final Decision - Page 3 of 31 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 Public Works (PW) might have approved through 3.01.02E. This condition is not deferring to C of O; it is saying that if there were to be PW deferral, then the department could not defer to later than C of O. b. ROW/easements: Correct recordation of required right-of-way (ROW) and public easements is due per WDO 2.01.05A – by building permit issuance. See Note A below. c. Where phasing is relevant, building permit issuance means issuance for the phase in which the conditioned improvement is located. Where an improvement spans phases and cannot be functionally divided by phase, it shall be due by the earliest phase. ---PAGE BREAK--- CU 24-02 US Market gas station 2540 & 2600 Newberg Hwy – Planning Commission Final Decision - Page 4 of 31 d. 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. (See the Notes to the Applicant section following the conditions of approval, Note to the Applicant 17.) G5. Recordation due dates: The applicant shall apply to the County for recordations of items that the City requires no later than 6 months prior to expiration of the land use approval as WDO 4.02.04B establishes, and shall complete recordations no later than 3 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. b. Copies: Per WDO 2.01.05B, 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. Note A: Absent platting or re-platting, dedication of ROW and granting of public easements necessitates a process through Public Works (PW) and City Council acceptance separate from land use approval, which could take several weeks. Upon tentative land use approval by the Planning Commission, contact PW to begin and finish dedication and granting sooner. The City Council meets most second and fourth Mondays, and agenda packet materials are due to the City Recorder by the prior Tuesday at noon. ---PAGE BREAK--- CU 24-02 US Market gas station 2540 & 2600 Newberg Hwy – Planning Commission Final Decision - Page 5 of 31 Phasing Plan 24-01 PP1. Phasing Plan: a. Basic Description: Phase 1: On Tax Lot 3600 (east, corner lot), a single northeast (NE) building of with convenience store of 4,110 sq ft and an attached commercial office tenant space of 1,863 sq ft. On Tax Lot 3700 (west, interior lot), a fuel pump canopy. Minimum off-street parking and other corollary improvements for these uses. Phase 2: On Tax Lot 3700 (west, interior lot), a southwest (SW) commercial office building of 5,000 sq ft and its parking and other corollary improvements. b. Phasing: The developer may choose to develop Phase 2, the SW office building and necessary corollary improvements, per land use review Sheet A1.1a later than the Phase 1 gas station complex of convenience store, NE commercial office, and fuel pump canopy and necessary corollary improvements. c. Phase 2 expiration: Phase 1 substantial construction would keep land use approval with conditions valid longer than the baseline 3 years per WDO 4.02.04B (or longer than baseline per subsection D if there will have been an appeal). However, in reference to condition part b. above, there must be building permit application for Phase 2 by 8 years past the date that the Planning Commission motioned to tentatively approve CU 24-02. If Phase 1 fails to achieve substantial construction by 5 years past the date of the hearing at which the Planning Commission motioned tentative approval, WDO 4.02.04B.1 & 2 would not be met and – absent the City granting a time extension as subsection B.3 references – the land use approval with conditions would expire for both phases. d. Phase 2 interim: If Phase 2 does develop later than Phase 1, then – regarding the area where the SW office building and its corollary improvements would be – until Phase 2 develops: The landowner shall pour curb or affix a linear obstruction to motor vehicles from driving and parking beyond the boundary of Phase 1 improvements and maintain such obstruction. Exhibit PP1 is an aerial photo of the area in 2023. The landowner shall maintain its grounds in conformance with City Ordinance No. 2338 (June 9, 2003; amended regarding lighting by Ordinance No. 2522 September 22, 2014). Staff draws attention to Sections 5-9 about noxious vegetation, “attractive nuisances”, junked vehicle nuisances, open storage of junk, and scattering rubbish. Vehicular circulation and parking within the undeveloped Phase 2 area is permissible only if the landowner upgrades as needed for conformance with WDO 3.05.02A, F, & K and 3.04.04. Together they prohibit gravel. ---PAGE BREAK--- CU 24-02 US Market gas station 2540 & 2600 Newberg Hwy – Planning Commission Final Decision - Page 6 of 31 Exhibit PP1-1 e. All conditions apply to any phasing, unless worded or under a header such that a condition applies more specifically. Where something is due by building permit application or issuance, it means the first of any phase, any building, unless a condition is more specific. ---PAGE BREAK--- CU 24-02 US Market gas station 2540 & 2600 Newberg Hwy – Planning Commission Final Decision - Page 7 of 31 Exhibit PP1-2: Phasing plan excerpt from Sheet A1.1a dated February 5, 2024 and submitted February 8, 2024 ---PAGE BREAK--- CU 24-02 US Market gas station 2540 & 2600 Newberg Hwy – Planning Commission Final Decision - Page 8 of 31 Design Review 24-02 D1. ROW: a. Highway: To conform with WDO Figure 3.01B “Major Arterial”, as part of recordation the developer shall dedicate ROW if and as necessary to result in half-street ROW that is uniform min width of 50 ft measured from centerline. This is due by building permit application. b. Oregon Way: To conform with WDO Figure 3.01E “Access Street”, as part of recordation the developer shall dedicate variable width ROW resulting in half-street ROW that is uniform min width measured from centerline of 33 ft plus additional width along the northerly extent to accommodate the half-street width of the existing northbound left turn lane that the Figure 3.01E, which assumes a mid-block cross section, does not make explicit for telescoping width at intersections. The developer may take and report field measurement of the lane width or assume a lane width of 12 ft, yielding a total minimum width from centerline of 33 + (12 / 2) = 39 ft. “Northerly extent” shall extend minimum 140 ft south from a point in line with the highway ROW boundary; it is probable that the total half-street dedication along this extent would equal or approximate a min of 3 + (12 / 2) = 9 ft. Dedication is due by building permit application. D2. PUE: If streetside public utility easements (PUEs) do not yet exist along any of the highway per the minimum of WDO Figure 3.01B and Oregon Way per the minimum and maximum of WDO 3.02.01B & F.2, then the developer shall grant the one or both PUEs. D3. Driveways: a. Number & widths: To conform with WDO 3.04.03B.5 regarding access management, driveways shall be limited as follows: Highway: 1, max width per WDO Table 3.04A: 20 ft for one-way. If one-way inbound, there shall be min one MUTCD-compliant do-not-enter sign facing the site, one the east side of the driveway throat, and the pavement shall be striped to indicate no exit. Oregon Way: 1, max width 24 ft for two-way, except 26 ft for two-way if the developer through WDO Table 3.04A footnote 7 provides the same kind of documentation as condition part above describes. 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. D4. Access management: cross access: To conform with WDO 3.02.01E, 3.04.01A.2, 3.04.03B.3 & 5, 3.04.03C.1, 3, & 4, and 3.04.03D.2, the developer shall provide for what is termed any of cross access, ingress/egress, or shared access revocable only with the written concurrence of the Director and as follows: ---PAGE BREAK--- CU 24-02 US Market gas station 2540 & 2600 Newberg Hwy – Planning Commission Final Decision - Page 9 of 31 a. Properties: Subject property: Grant cross access across Tax Lot 3600 (2540 Newberg Hwy) to the benefit of 3700 (2600 Newberg Hwy) and across Tax Lot 3700 to the benefit of 3600. (Instead of cross access for the subject property, which is comprised of both Tax Lots 3600 & 3700, the developer may opt to consolidate lots by applying and paying for as well as obtaining City approval of a Property Line Adjustment [PLA], which would be a land use review Type II per WDO 5.01.08 and so a a staff decision, and record with the County the lot consolidation, all prior to building permit application.) This is due by building permit application per WDO 2.01.05A. Adjacent property: Grant cross access across Tax Lots 3600 & 3700 to the benefit of Tax Lot 052W12DB03800 (2620 Newberg Hwy; Dairy Queen). This is due by building permit application per WDO 2.01.05A. b. Alignment: Applicable to both the subject property and the Tax Lot 3800, follow a drive aisle or aisles and connect each of the highway driveway, the common lot line between Tax Lots 3700 & 3800 somewhere within the segment 60 ft south of the north property line, the common lot line between Tax Lots 3600 & 3700, and the Oregon Way driveway. c. Drive aisle stub: Extend a drive aisle stub conforming with WDO 3.04.03C.4b to Tax Lot 3800 (2620 Newberg Hwy; Dairy Queen) within the above-specified alignment. d. Barriers: At the interface of a property line and a drive aisle stub, WDO 3.04.03C.4b prohibits curb and fixed barriers mounted to the drive aisle. (The developer may instead place signed barricades atop the pavement.) While fencing a property line remains permissible per WDO 2.06.02, were the developer or property manager to install fencing, then the segment over the drive aisle shall have vehicular gates. e. Bicycle/pedestrian: The developer shall grant cross access not only for driving, but also walking and cycling, with alignment along each of the two wide walkways that WDO 3.04.06B requires and connecting with each of the highway and Oregon Way sidewalks. f. Instrument: Regarding recordation of the cross access easement (CAE) or other types of legal instruments and how, the developer shall conform to the conditions in ways that satisfy the County. This is due by building permit application. ---PAGE BREAK--- CU 24-02 US Market gas station 2540 & 2600 Newberg Hwy – Planning Commission Final Decision - Page 10 of 31 g. Shared parking: Because Tax Lot 3600 (2540 Newberg Hwy) would lack minimum off-street parking ratio for all land uses on the lot per WDO Table 3.05A, then the developer shall either revise site plans to conform with WDO 3.05.02 & Table 3.05A or create a shared parking agreement, for which cross access is a pre-requisite, per WDO 3.05.05. (A shared parking agreement would be due per WDO 3.05.05D.3: by building permit issuance.) Minimum agreement attachments or exhibits shall be a County tax map, a revised site plan, and if such would exist, a recorded plat. h. ODOT factor: The developer shall apply to and obtain from ODOT the relevant approval(s) by building permit application to conform with the access management condition. If after City land use decision ODOT objects specifically to how the City administers or the developer conforms to other parts of the condition or to other conditions concerning vehicular access, then the developer may request and the Director may administratively approve in writing changes to administration or conformance to accommodate the ODOT factor while still having the development meet the WDO and conditions of approval to the max extent remaining. The Director may require developer application for any of Extension of a Development Decision per WDO 4.02.05 or Modification of Conditions per WDO 4.02.07. If after City land use decision ODOT directs access management in conflict with other parts of the condition or to other conditions concerning vehicular access, then the developer shall forward the written direction from ODOT to the attention of the Director; describe the conflict(s); describe the minimum deviation from conformance necessary to comply with ODOT direction while also conforming to the remainder of the condition to the maximum, including plan view illustrations where helpful; and request Director approval through a dated document that cites the land use case file and condition numbers. The Director may approve what the developer first requests or a modified request. The City intends that if the developer were to make use of this part of the condition, he would do so once. D5: Parking: a. Wheel stops: To conform with WDO 3.05.02H, the compact parking spaces along the northeast (NE) office south lawn shall have wheel stops, either 5 shared among the spaces or one per each of the nine spaces, to prevent any overhang of the wide walkway. b. 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. c. C/V: Carpool/vanpool (C/V) parking shall conform with Table 3.05C and 3.05.03H. d. EV: Electric vehicle (EV) parking shall conform with Table 3.05E and 3.05.03I. D6. Electric power poles removal and lines burial: Development shall conform with WDO 3.02.04. The fee in-lieu shall be per Attachment 202. (Absent direction by the applicant otherwise, staff will proceed as if the developer intends to conform by paying the fee in-lieu and will assess it through the building permit.) ---PAGE BREAK--- CU 24-02 US Market gas station 2540 & 2600 Newberg Hwy – Planning Commission Final Decision - Page 11 of 31 D7. Trash enclosure: Outdoor storage of trash and shall be enclosed in conformance with WDO 3.06.06B.5-7 and, regarding roofing, in conformance with Public Works Department Engineering Division administration of standards or directions regarding such, if any, in relation to keeping polluted water from entering drains. ---PAGE BREAK--- CU 24-02 US Market gas station 2540 & 2600 Newberg Hwy – Planning Commission Final Decision - Page 12 of 31 Conditional Use 24-02 CU1. Wide walkways: The wide walkways that WDO 3.04.06B requires shall have some width of some segments be decorative pavement, specifically, min width 6 ft and along the distance symbolized in green in Exhibit CU1 below. At the turn, the min width may narrow to avoid overlapping ADA ramp slopes. Decorative pavement means any of brick; concrete pavers; or, poured concrete patterned, stamped, or treated to resemble brick or paving stones. Exhibit CU1 CU2. Bicycle parking shall conform with 3.05.06 and be of min number: a. Convenience store: 2 (for example, 1 U-rack) b. NE commercial office: 2 (for example, 1 U-rack) c. SW commercial office: 4 (for example, 2 U-racks or a wave rack) 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. Benches: Min 2. One in the landscaped open space at or near the NE commercial office space, along a wide walkway or in a plaza, install either a bench min width 6 ft or a picnic bench. Set back from walkway and pave the setback, min either 1.5 ft for a bench or 2 ft for a picnic bench. One bench min width 4 ft at or near the SW commercial office building and along a wide walkway. ---PAGE BREAK--- CU 24-02 US Market gas station 2540 & 2600 Newberg Hwy – Planning Commission Final Decision - Page 13 of 31 c. Buffering/screening: Evergreen hedge or shrubbery shall: Line Architectural Wall (AW) segments. Screen transformers and other at-grade electrical and mechanical equipment along min 2 sides. Serve as means of conformance with WDO 3.06.05B (parking screening). d. Coniferous/evergreen trees: Among newly planted trees, min 1 tree of the following coniferous or evergreen species: 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 e. 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 highway ROW south, in the yard west of the convenience store, 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 6 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 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 developer shall plant min: 7 trees in the yard along the highway max 20 ft from ROW; and 4 trees in the yard along Oregon Way max 20 ft from ROW, in a loose row with min 3 of them spaced offset from and complementing street trees. c. Hedge/shrubbery: In all areas not occupied by buildings and pavement, landscape per WDO 3.06. On Tax Lot 3700 in the yard along the highway, plant a hedge or row of continuous small or medium shrubbery extending between the driveway and east lot line. Plant min 5 ft from sidewalk and max 12 ft from ROW. On Tax Lot 3600 in the yard along the Oregon Way, line the convenience store rear east free-standing screen wall or wing wall with a hedge or row of continuous small or medium shrubbery, unless the developer declines to build the wing wall. d. Site interior: AW: Line each Architectural Wall (AW) segment with a hedge or row of continuous medium or large shrubbery. ---PAGE BREAK--- CU 24-02 US Market gas station 2540 & 2600 Newberg Hwy – Planning Commission Final Decision - Page 14 of 31 Lawn large tree: Within open space within 30 ft of the NE commercial office, plant min 2 trees, either both large or min 1 medium and 1 large. Min 1 of these west or south of the plaza – see below. Plaza: At or within 30 ft of the NE commercial office and adjacent to a wide walkway shall be a plaza min 56 sq ft, exc. walkway area, at 7.5 ft narrowest dimension, paved with brick; concrete pavers; field or flagstone; or, poured concrete patterned, stamped, or treated to resemble brick or paving stones. South yard: Within 100 ft of the Tax Lot 3700 south lot line, plant min 2 trees. e. Parking area: Front yards: To conform with WDO 3.06.05B, within the yards abutting streets the site perimeter landscaped area shall have a hedge or shrubbery as a screen of parking and vehicular circulation area min height 3.5 ft. Such shall be planted to be min 2 ft from sidewalks and wide walkways. NE office: Min 1 large tree in the southwesterly area of the south yard lawn. SW office: For common use by tenants, have a south rear door and a patio of brick, pavers, or poured concrete min 7 ft north-south by 11 ft east-west. Align patio flush with door outer swing. Plant a small tree near the patio west side. CU5: Architectural Wall (AW) / Fences / Fencing: a. Exemption: Where chain-link fence with slats already exists along the north and west lot lines of Tax Lot 3500 (953 Oregon Way), the developer may exempt these two lines from AW if the homeowner in writing consents to exemption and the developer submits documentation by and as part of building permit application. b. Extent: Min height shall be along the: North and west lot lines of Tax Lot 3500 6 ft, 1.5 inches (if CMU, equal to 9 courses of blocks plus 1.5-inch smooth concrete cap). North and east lot lines of Tax Lot 90000 (950 Evergreen Road), 9 ft including a 1.5-inch smooth concrete cap between piers or pilasters. Where fencing may substitute per other conditions, for part above it shall be 6 ft, and for part above, 8 ft. ---PAGE BREAK--- CU 24-02 US Market gas station 2540 & 2600 Newberg Hwy – Planning Commission Final Decision - Page 15 of 31 c. Height at AW ends: Min height shall drop where subject to stair-stepped height limits in yards abutting streets per WDO 2.06.02, within VCA or sight triangles per 3.03.06, and AW shall remain outside streetside PUEs. AW may cross an off-street PUE, if any exist, with written authorization by the Public Works Director, and the PW Director may instead direct that instead of a segment of wall that there be coated chain-link fencing with slats across an off-street PUE. For crossing of private easements, the developer similarly may instead fence. d. Gaps or rectangular openings: There shall be one along the east lot line of Tax Lot 90000, min 4 ft wide and 6 ft, 8 inches high above grade, and with the south end of the gap aligned with the Tax Lot 90000 north east-west drive aisle, south curb, north face. Exhibit CU5-1 Exhibit CU5-2 If AW exemption per part a. above is not applicable, then there may be a gap along the west lot line of Tax Lot 3500, aligned with where there exist west backyard chain-link gates, minimum width equal to the width of the gates. ---PAGE BREAK--- CU 24-02 US Market gas station 2540 & 2600 Newberg Hwy – Planning Commission Final Decision - Page 16 of 31 e. Color: Masonry, whether dyed or painted, regarding WDO 3.06.06B.5 & 6 shall be a color or colors other than black, charcoal, or dark gray. 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, charcoal, or dark gray. On free-standing walls with two or more colors, darker color shall be towards the bottom and lighter color towards the top. f. Material: Masonry; however, AW segments, other than those along the north and east lot lines of Tax Lot 90000 (950 Evergreen Road), 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 4 ft (for example, 6 CMU courses) 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 CU5-3 below illustrates a similar example (that does not exactly meet the condition) and serves as concrete masonry unit (CMU) model: Exhibit CU5-3 (DR 2017-08) g. Texture: WDO 3.06.06B.7 is interpreted such that the standard for scoring, texture, or pattern on minimum 80.0% of the wall surface is applicable only to the WDO Table 3.06D minimum height of 6 ft – 80.0% being 7.2 of 9 CMU courses – not the conditioned minimum height of 9 ft, which equals 13.5 courses. In this context, the scored, textured, or split-face CMU courses shall start at or just beneath grade, and there shall be minimum 3 courses of ground or smooth-face CMU composing an upper band of the wall and minimum 1 course of ground or smooth-face CMU at approximately elbow height of an average height person standing at grade. ---PAGE BREAK--- CU 24-02 US Market gas station 2540 & 2600 Newberg Hwy – Planning Commission Final Decision - Page 17 of 31 h. Pillars: Whether the AW is solid masonry or incorporates wood fencing, each AW segment end shall have a pier, pillar, 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: Each segment shall have a min number of piers, pillars, or pilasters equal to a ratio of 1 per 40 ft of wall, and each segment end shall have a pier, pillar, or pilaster. 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. i. This condition is due by the first building permit regardless of phase; that is, it is due regardless if Phase 2 is not developed at the same time as Phase 1. CU6. Architecture: a. Canopies / fixed awnings: General: Min height clearance 9 ft. Fuel pump canopy: Max ceiling height 16 ft to either ceiling or ceiling-mounted lighting fixtures, whichever is lower. Convenience store and NE commercial office: The store and NE commercial office main entrances shall each have a canopy, fixed awning, building recess, or roof projection that shelters from precipitation, the former 4 ft narrowest dimension and 48 sq ft min area and the latter 4 ft and 32 sq ft. Each side or rear single staff door on the rest of the store and NE commercial office 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. SW commercial office: Each north entrance shall have a fixed awning, canopy, building wall projection, or secondary roof that shelters from the weather, min area 48 sq ft, min depth 4 ft. A fixed awning or canopy may be smaller if combined with a building recess and together they meet the min area. The south patio door elsewhere conditioned shall have the same, except min area 66 sq ft, min depth 6 ft. b. Cladding/materials: Convenience store and attached NE commercial office area: Base cladding min height 2 ft of brick, ceramic tile resembling stone, concrete masonry unit (CMU) block finished to resemble cut stone, or adhered stone. Otherwise, the desired materials provision of WDO 3.07.06B.2b(2) shall be a standard for all building elevations. The prohibited materials provision of WDO 3.07.06B.2b(3) shall be a standard. The proposed east CMU mandoor screen wall or wing wall, if not precluded by streetside PUE, shall be max height 4 ft, 2 inches, have the bottom 2 courses be split face and the upper 4 courses ground face and be capped with smooth concrete. The NE corner angled wall shall have a window min area 15 sq ft, min 2.5 ft wide, and wholly within 8.5 ft of grade. Subsection is void if the screen wall or wing wall would come to be in part or wholly within a streetside PUE because it would come closer to the building than the developer anticipates because of telescoping ROW width – see Conditions D1b & D2 – and if any of PW or ODOT directs and administers there not be a newly constructed free-standing wall within the Oregon Way streetside PUE, shortening or precluding the wall. Also, in this scenario, because PW has historically allowed chain-link fencing with streetside PUEs, the developer may in place of the intended wing wall install a chain-link fence that conforms with WDO 2.06.02D.1 & 2 and has slats of a color other than black, charcoal, or dark gray. ---PAGE BREAK--- CU 24-02 US Market gas station 2540 & 2600 Newberg Hwy – Planning Commission Final Decision - Page 18 of 31 c. Scuppers: Any building rainwater scuppers shall not to dump onto the pavement of a wide walkway. d. Setbacks: General: Site NE corner min setback shall equal streetside PUE. Convenience store / NE commercial office building: max 15 ft from highway ROW and max 20 ft from Oregon Way widened ROW (measured from straight line ROW, not the curved ROW near the intersection). SW commercial office: min 5 ft from Tax Lot 3700 east, south, and west lot lines. e. Windows: General: All windows shall be square, round, or vertically proportioned. Operable windows shall have insect screens. Min areas, which shall be transparent: Convenience store: 1. West façade 30.0%; north 30.0%; east 36 sq ft. For the angled, NE façade in particular, min 18 of the 36 sq ft. 2. NE commercial office: West and south façades 30.0%; east 132 sq ft. SW commercial office: North façade 30.0%; east 15.0%; south 20.0%; and west 20.0%. CU7. Lighting: Besides conformance with WDO 3.11, including 3.11.02C color temperature: a. Buffer: Parking area or other pole-mounted fixtures are prohibited between the north lot line of 953 Oregon Way (Tax Lot 3500) and the east-west drive aisle. b. Fuel pump canopy: ---PAGE BREAK--- CU 24-02 US Market gas station 2540 & 2600 Newberg Hwy – Planning Commission Final Decision - Page 19 of 31 Max 14 ceiling fixtures. Any ceiling fixture shall be no closer to 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 southernmost primary building on Tax Lot 3700. 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. Based on the hours in Ordinance No. 2338, Section 5A Light Trespass, fuel pump canopy lights shall be off during the same hours as when the fuel pumps are closed. c. Max: Convenience store: 1 wall fixture on the east rear and none on the north side. NE commercial office: 1 wall fixture each on the east and west and none on the south side. South commercial office: 1 wall fixture at the south rear and none at the east and west sides. CU8. Gas station operations: a. Noise: Gas station and convenience 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. 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 100 ft north of the south lot line of Tax Lot 3700. 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. b. Trash: There shall be at least one trash receptacle along each of the walkways, at min 0.5 ft from walkway edge or outside wide walkway minimum width (8 ft), to and from the highway and Oregon Way sidewalks, within 25 ft of ROW, for intended use by convenience store customers, and remaining privately maintained and serviced. c. Vehicular circulation: 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. 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, min 3 shall each fit stacking of min one car west of the fuel pump island behind cars parked at the pumps. Queueing may be obtusely angled relative to the pump islands. ---PAGE BREAK--- CU 24-02 US Market gas station 2540 & 2600 Newberg Hwy – Planning Commission Final Decision - Page 20 of 31 Queuing shall not back up past face of curb in the highway right lane, and property management shall dispatch one or more employees to direct motorists as needed to prevent or correct such queuing. Pump 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. I-5 directional signage: There shall be outside of ROW and streetside PUEs directional signage that accomplishes directing on-site motorists bound for I-5: On Tax Lot 3700 (west lot), min 2 signs, each min area 18 by 24 inches, mounted min 2 ft and max 7 ft above grade, text min 6 inches high, and including the standard Interstate 5 logo. Detail drawings of these specifications are due by building permit application. On Tax Lot 3600 (east lot), min 2 signs, the same dimensions and mounting as per part above. One sign shall indicate trucks to turn left only, and the other sign shall indicate that left is to I-5 by using a left arrow and the standard Interstate 5 logo. The two signs may be mounted together on the same support. Sign detail drawings – in color – are due by building permit application. d. Median: A median barrier is required to be constructed at Oregon Way to mitigate against right turns by trucks exiting the site; refer to Attachment 102A, Public Works comments, item 6. CU9. 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. ---PAGE BREAK--- CU 24-02 US Market gas station 2540 & 2600 Newberg Hwy – Planning Commission Final Decision - Page 21 of 31 CU10. 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 6 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; i. City adoption of a unified development ordinance replacing the WDO were to have intervened; j. A request for major modification, as the Director determines, of the phasing plan; and k. Conversion of any NE or SW commercial office GFA to fast-food restaurant or limited-service eating place, for which WDO Table 3.05A row 11 has a minimum parking ratio higher than for general retail or food and drinking places. Exemptions from this condition are the creation of a food or drinking place that is a permitted use within the CG zoning district, max 400 sq ft GFA, and accessory to the primary use of commercial office, and fast-food restaurant or limited- service eating place that is a permitted use within the CG zoning district, has no drive-through, and is any of max 400 sq ft GFA within the NE commercial office and max 1,200 sq ft GFA within the SW commercial office building. Exemptions do not exempt permitted uses from some or all of the off-street parking minimum ratios per WDO Table 3.05A. l. Shared parking change: Future changes of use, such as expansion of a building or establishment of hours of operation which conflict with, or affect, the shared parking agreement, shall require review and authorization not only through any of, “a subsequent Design Review or Modification of Conditions” per WDO 3.05.05D.1, but also with the option of being through a Conditional Use (CU). 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. CU11. 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. Violation of one or more conditions of approval may serve as a basis for City revocation. ---PAGE BREAK--- CU 24-02 US Market gas station 2540 & 2600 Newberg Hwy – Planning Commission Final Decision - Page 22 of 31 Conditional Use 24-02: Transportation T-A1: a. OR 214 & Oregon Way: The developer shall pay a fee per Attachment 202 to fund a transportation study, specifically to investigate in coordination with ODOT corridor signal timing and coordination adjustments and improving safety by reducing vehicle turning or angle crashes. This is due by building permit issuance. [TSP R11 & revised TIA p. 14] b. I-5 interchange with OR 214: To reduce vehicle crashes, the developer shall pay a fee per Attachment 202. [TSP R8 & R9 & revised TIA p. 14] c. OR 214 & Evergreen Rd: To mitigate effect on the intersection and reduce vehicle crashes, the developer shall pay a fee per Attachment 202. [TSP R10 & revised TIA p. 14] T-T. Bus transit: Bus stop improvements: To further TDM through bus transit, regarding the WTS Oregon Way northbound stop that is adjacent to 966 & 980 Oregon Way, where because ROW and streetside PUE are too narrow relative to the street to accommodate installation, the developer shall pay a fee in-lieu as well as a fee in lieu of a bus stop bicycle rack per Attachment 202. ---PAGE BREAK--- CU 24-02 US Market gas station 2540 & 2600 Newberg Hwy – Planning Commission Final Decision - Page 23 of 31 Street Adjustment 24-01 SA1. Frontage/street improvements: Highway: No min surface improvements are required other than either elsewhere conditioned or necessary to conform to Public Works (PW) direction or comply with ODOT engineering guidance. The developer may let existing improvements lie, excepting conforming upgrade of the driveway apron as the WDO and other conditions require, but also shall pay fees in lieu of highway improvements per Attachment 202. SA2. Frontage/street improvements: Oregon Way: These shall be as follows: a. Parking: No on-street parallel parking lane 8-feet wide is required, this being an adjustment from what WDO Figure 3.01E would have required. The developer shall pay a fee in-lieu per Attachment 202. b. Landscape strip: Min width 6.5 ft wide inc. curb width and with min street trees per WDO 3.06.03A.1 (1:30), equaling 6 trees. For max 4 of the trees, the developer may pay a fee in-lieu per Attachment 202. Landscaping of area remaining after tree planting and irrigation shall be per the WDO 3.01.04B last paragraph. c. Sidewalk: Min width 8 ft. Overlap: Wider sidewalk shall not narrow the landscape strip. The extra width of planter strip and sidewalk shall either be within additional ROW that accommodates them, or overlap outside ROW into streetside PUE, the PUE or other recorded legal instrument granting public access to the overlap. If then the developer shall submit a draft of the legal instrument for Planning and PW review by either civil engineering plan (CEP) review application to PW or, if PW performs CEP review through building permit review, then by building permit application. Per WDO 2.01.05A, the developer shall submit copies of correctly recorded documents to the Planning Division. SA3. ROW & PUE: There is no street adjustment to narrow below the minimum requirements; instead, see Conditions D1 & D2. ---PAGE BREAK--- CU 24-02 US Market gas station 2540 & 2600 Newberg Hwy – Planning Commission Final Decision - Page 24 of 31 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 24-02 US Market gas station 2540 & 2600 Newberg Hwy – Planning Commission Final Decision - Page 25 of 31 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