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Project Location: File Numbers: Property Owner: Applicant: Date of decision: Date of mailing: Staff Reviewer: Decision: Proposed Development w._opn~u~N Incorporated 1889 Final Decision Planning Commission 1036 & 1100 E Lincoln St (Tax Lot 051W17BB00700) Preliminary Partition (PAR) 25-02 Variance (VAR) 25-05 Immanuel Lutheran Church Terri Berkey Gonzalez, Immanuel Lutheran Church October 9, 2025 C)L\o~ -J.-l , Dan Handel, AICP, Senior Planner Approved with Conditions The subject property is 1036 & 1100 E Lincoln St, a 1.33-acre property in the Single-Family Residential (RS) zoning district. The property is already developed with a house of worship (occupied by Immanuel Lutheran Church) as well as a single-family house that is currently used as a childcare facility. The applicant applied for this Preliminary Partition application to split the property into three parcels. The house of worship building will be situated within the first parcel, the single-family house will be situated within the second parcel, and the third parcel is intended for future residential development. A Variance application was also included with three requests related to right-of-way improvements and building setback requirements. ---PAGE BREAK--- Aerial view of the subject property outlined in red {2025) N I -ii 7 1 [ ; Site: Plan, Proposed Partition SUie: 1" = 30'-0· l _ ! 1 \ 0 Proposed partition plan PAR 25-02 & VAR 25-05 Final Decision Lot#3 6,093 SF (UNDEVELOPED) SY~-\BOLS LEGEND znoo Page 2 of 3 ---PAGE BREAK--- Public Hearing Summary On October 9, 2025, the Planning Commission held a public hearing for this Type Ill application. No written or oral testimony was received. After closure of the record, the Commission deliberated and ultimately voted unanimously to approve the application package with the conditions recommended by staff in the staff report. This included approval of the three variance requests. Appeals Per WOO 4.01.llE, the decision is final unless appealed pursuant to Oregon Revised Statutes (ORS), state administrative rules, and WDO 4.02.01. The appeal to City Council due date is twelve (12) days from the mailing date of this final decision notice per 4.02.01B1. A valid appeal must meet the requirements of 4.02.01. A copy of the decision is available for inspection at no cost, and the City would provide a copy at reasonable cost at the Community Development Department, City Hall, 270 Montgomery Street, Woodburn, OR 97071. For questions or additional information, contact the Planning Division at (503) 982-5246 or [EMAIL REDACTED]. • I Date Affirmed, di~~~ Lisa Ellsworth, Chair, Planning Commission Date Attachments: 1. Conditions of Approval (Staff Report Attachment 101) 2. Approved partition plans (Staff Report Attachment 104) PAR 25-02 & VAR 25-05 Final Decision Page 3 of 3 ---PAGE BREAK--- PAR 25-02 & VAR 25-05 Staff Report Attachment 101 Page 1 of 3 Conditions of Approval Section references throughout the conditions are to the Woodburn Development Ordinance (WDO). General Conditions 1. Substantial conformance: The applicant or successor shall develop the property in substantial conformance with the final plans submitted and approved with this application, except as modified by these conditions of approval. 2. Fencing: To demonstrate conformance with 2.06.02 and 5.01.03, the developer shall submit application for and obtain approval of a Fence Permit for any new or modified fencing or walls. Preliminary Partition PAR 25-02 3. Recordation: After obtaining Partition Final Plat approval from the City, record the partition with Marion County in a manner acceptable to the County Surveyor. 4. Existing stormwater facility: Pursuant to 3.02.01A, the developer shall provide a revised survey of the subject property that illustrates the complete extent of the existing underground stormwater facility running through the property. If confirmed to be an active and public facility, the developer shall either submit evidence that an existing public utility easement covering this facility exists or grant a public utility easement over the extent of this facility running through the subject property. If required, the width of the new easement shall be to the satisfaction of the Public Works Director and shall be granted via the partition plat. 5. Vehicular access: a. Pursuant to 3.04.03C.1., Parcels 2 and 3 shall utilize the existing driveway on Parcel 2 as a shared driveway for vehicular access to and from E Lincoln St. To accomplish this, the developer shall grant a 20-foot-wide private access easement over Parcel 2 for the benefit of Parcel 3. Per Table 2.02B, there must be at least 1 foot of separation between the access easement and the existing building on Parcel 2. b. Pursuant to 3.04.03C.4.b. and 3.04.04, the future developer of Parcel 3 shall construct a paved 20-foot-wide driveway between E Lincoln St right-of-way and the Parcel 3 boundary, following the alignment of the access easement in subsection a. above, as well as a new driveway approach for the driveway. These improvements are due prior to building permit final inspection for the future development. 6. Wheel stops: Per 3.05.02H and Table 3.05B footnote 3, the developer shall install wheel stops along the relocated parking stalls within Parcel 1 that abut the west side lot line of ---PAGE BREAK--- PAR 25-02 & VAR 25-05 Staff Report Attachment 101 Page 2 of 3 Parcel 2. Alternatively, the developer may provide a 6-inch-tall curb along this row of parking stalls. 7. Signage: a. Pursuant to 3.01.03K and 3.10.08R, the developer shall provide a survey of the subject property that illustrates the location of existing monument signage as well as new right-of-way dedications and streetside public utility easements. If an existing monument sign is located within a right-of-way or streetside public utility easement, that sign must be removed. Alternatively, at the discretion of the Public Works Director, the property owner may enter into a written agreement with the City to allow these signs to remain. Resolution of this condition is required prior to Partition Final Plat approval. b. To demonstrate conformance with 3.10 and 5.01.10, the developer shall submit application for and obtain approval of a Sign Permit for any new or modified signage that is required by 3.10.05 to obtain such permit. Variance VAR 25-05 8. Right-of-way: a. Pursuant to 3.01.01A. and Figure 3.01D, the developer shall dedicate right-of-way along the subject property frontage of E Lincoln Street to achieve 36 feet from street centerline. This additional right-of-way shall be dedicated via the partition plat. b. Pursuant to 3.01.01A. and Figure 3.01G, the developer shall dedicate right-of-way along the subject property frontage of Bryan St to achieve 30 feet from street centerline. This additional right-of-way shall be dedicated via the partition plat. 9. Streetside public utility easements: Pursuant to 3.02.01B., the developer shall grant the following easements via the partition plat: a. A 5-foot-wide streetside public utility easement along the subject property frontage of E Lincoln St. b. A 5-foot-wide streetside public utility easement along the subject property frontage of Bryan St. 10. Future development of Parcel 3: Pursuant to 3.01.03C.2. and 4.02.12, the developer of Parcel 3 shall pay the follow fees-in-lieu: a. A sidewalk fee-in-lieu. The developer shall submit a cost estimate prepared by a registered professional engineer for a 6-foot-wide sidewalk along the Parcel 2 frontage of E Lincoln St. The fee-in-lieu is equal to 150 percent of the cost estimate and is due prior to building permit issuance. b. A street tree fee-in-lieu of $310 ($155 per tree) for the two street trees required along the Parcel 2 frontage of E Lincoln St. Fee payment is due prior to building permit issuance. ---PAGE BREAK--- PAR 25-02 & VAR 25-05 Staff Report Attachment 101 Page 3 of 3 c. As an alternative to paying the fees outlined in a. and b. above, the developer of Parcel 3 may instead choose to construct these improvements along the Parcel 2 frontage of E Lincoln St. If choosing this option, the improvements are due prior to building permit final inspection. 11. Redevelopment of Parcels 1 & 2: Approval of the Variance requests shall apply to this land use final decision only. Any future redevelopment of Parcels 1 or 2 shall comply with the standards and procedures in effect at that time. Notes to the Applicant The following are not planning / land use / zoning conditions of approval, but are notes for the applicant to be aware of and follow: 1. Records: Staff recommends that the applicant retain a copy of the subject approval. 2. Mylar signature: The Community Development Director is the authority that signs plat Mylars (not the mayor, City Administrator, Public Works Director, or City Engineer). Only one City signature title block is necessary. 3. Plat Tracker: Marion County maintains a plat tracking tool at