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July 25, 2022 Agenda ERIC SWENSON,MAYOR CITY OF WOODBURN DEBBIE CABRALES,COUNCILOR WARD I ALICE SWANSON,COUNCILOR WARD II CITY COUNCIL AGENDA ROBERT CARNEY,COUNCILOR WARD III SHARON SCHAUB,COUNCILOR WARD IV MARY BETH CORNWELL,COUNCILOR WARD V JULY 25, 2022— 7:00 P.M. BENITO PUENTE JR.,COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS-270 MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: None. 4. COMMUNITY/GOVERNMENT ORGANIZATIONS None. 5. PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: None. 6. COMMUNICATIONS None. 7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. 8. CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be adopted by one motion. Any item may be removed for discussion at the request of a Council member. This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980-6318 or Statewide To//Free Relay (800) 735-1232, at least 48 hours prior to this meeting. Si usted necesita asistencia especial, comuniquese al 503-980-6322 o a la linea telef6nica gratuita, (800) 735-1232, con un minimo de 48 horas, antes de la reuni6n. **Habrd int6rpretes disponibles para aquellas personas clue no hablan Ingl6s, previo acuerdo. Comuniquese al (503) 980-6322.** July 25, 2022 Council Agenda Page i A. Woodburn City Council Special Meeting minutes of July 11, 2022 1 Recommended Action: Approve the minutes. B. Woodburn City Council Executive Session minutes of July 11, 2022 3 Recommended Action: Approve the minutes. C. Woodburn City Council minutes of July 12, 2022 4 Recommended Action: Approve the minutes. 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS A. Annexation of Approximately 39.68 Acres of Territory Known as the 6 Oregon Golf Association Property with no street address along the east side of Boones Ferry Rd NE north of Hazelnut Dr (ANX 22-02) and Approval of Related Land Use Applications for Development into the Marion Pointe Planned Unit Development (PUD) Recommended Action: Conduct a public hearing and make a motion to tentatively approve the land use applications, directing staff to prepare and submit an ordinance and final land use decision for consideration at the next City Council meeting. B. Appeal of the Planning Commission Approval with Conditions of the US 169 Market Gas Station Development at 2540 & 2600 Newberg Hwy at the Southwest Corner of Newberg Hwy & Oregon Way (CU 21-02) Recommended Action: Conduct a public hearing and make a motion to affirm the Planning Commission approval with conditions, directing staff to prepare a final land use decision for consideration at the next City Council meeting. 11. GENERAL BUSINESS-Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. A. Legion Park Improvement Project Addition Expenditure Authorization 342 Recommended Action: Authorize staff to expend up to an additional $200,000 on the Legion Park Improvement Project,which was awarded to Hellas Construction on October 25, 2021 in the amount of$4,004,694. With the $300,000 additional expenditure authority approved by the City Council on May 23, 2022, the new authorized expenditure amount July 25, 2022 Council Agenda Page ii totals $4,504,694, which is necessary to cover required change orders and unanticipated contingencies that might arise during the construction process. B. Oregon Psilocybin Service Act (Measure 109) 344 Recommended Action: Accept the Report and take no action; or Alternatively, direct staff to: (i) Prepare appropriate documentation to put the question of whether to ban Psilocybin service centers, the manufacturing of Psilocybin products, and related activities to the voters of the City of Woodburn; (ii) Prepare appropriate documentation to establish a two-year temporary ban on Psilocybin service centers, the manufacturing of Psilocybin products, and related activities and place the temporary ban before the voters of the City of Woodburn; or (iii) Prepare recommendations for Council consideration on reasonable time, place, and manner regulations of psilocybin licensees. 12. OTHER BUSINESS None. 13. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. None. 14. CITY ADMINISTRATOR'S REPORT 15. MAYOR AND COUNCIL REPORTS 16. EXECUTIVE SESSION None. 17. ADJOURNMENT July 25, 2022 Council Agenda Page iii CITY COUNCIL SPECIAL MEETING MINUTES JULY 11, 2022 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 11, 2022 CONVENED The meeting convened at 7:01 p.m. with Mayor Swenson presiding. ROLL CALL Mayor Swenson Present Councilor Carney Present Councilor Cornwell Present Councilor Schaub Present Councilor Swanson Present Councilor Puente Present Councilor Cabrales Present Staff Present: Assistant City Administrator Row, City Recorder Pierson EXECUTIVE SESSION Mayor Swenson entertained a motion to adjourn into executive session under the authority of ORS 192.660(2)(f) Carney/Cabrales... move into executive session under the authority of ORS 192.660(2)(f). The motion passed unanimously. The Council adjourned into executive session at 7:02 p.m. and reconvened at 7:58 p.m. Mayor Swenson stated that no action was taken by the Council while in executive session. Councilor Carney stated that the City Council needs to take steps to redeem their public image and suggested they form a small committee of Councilors. He added that he would like to be a part of that committee and nominated himself as the chair of the committee. He stated that he would like to have two volunteers that could work day and night to look through public records and consider our position going forward. Councilor Swanson stated that she is confused about the statement made by Councilor Carney and isn't aware that there is the perception we have done something wrong as a Council. Councilor Puente stated that he doesn't see what the point of the committee would be and what the issues are. Councilor Cabrales stated that these things should come before the City Council perhaps as work sessions and that people should come talk to the Council if they have concerns. Councilor Schaub stated that the Council needs to have a consensus about what they are going to do once this hits the media and that the whole thing is embarrassing. No other members of the Council wanted to join the committee. ADJOURNMENT Swanson/Schaub... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:10 p.m. Page 1 —Council Special Meeting Minutes, July 11, 2022 1 CITY COUNCIL SPECIAL MEETING MINUTES JULY 11, 2022 APPROVED ERIC SWENSON, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 2—Council Special Meeting Minutes, July 11, 2022 2 EXECUTIVE SESSION MINUTES JULY 11, 2022 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 11, 2022 CONVENED The meeting convened at 7:02 p.m. with Mayor Swenson presiding. ROLL CALL Mayor Swenson Present Councilor Carney Present Councilor Cornwell Present Councilor Schaub Present Councilor Swanson Present Councilor Puente Present Councilor Cabrales Present Mayor Swenson reminded Councilors and staff that information discussed in executive session is not to be discussed with the public. Media Present: Julia Shumway, Oregon Capital Chronicle. Staff Present: Assistant City Administrator Row, City Recorder Pierson Others in attendance: Jeff Condit, Miller Nash LLP The executive session was called: To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (2)(f). ADJOURNMENT The executive session adjourned at 7:56 p.m. APPROVED Eric Swenson, Mayor ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 1 —Executive Session, Special Council Meeting Minutes, July 11, 2022 3 COUNCIL MEETING MINUTES JULY 12, 2022 DATE LIBRARY SQUARE - 280 GARFIELD ST, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 12, 2022 CONVENED The meeting convened at 6:14 p.m. with Mayor Swenson presiding. ROLL CALL Mayor Swenson Present Councilor Carney Present Councilor Cornwell Present Councilor Schaub Present Councilor Swanson Present Councilor Puente Present Councilor Cabrales Present—via video conferencing Staff Present: City Administrator Derickson, Assistant City Attorney Granum, Assistant City Administrator Row, Police Chief Pilcher, Public Works Director Stultz, Community Services Director Cuomo, Community Development Director Kerr, Human Resources Director Gregg, Community Relations Manager Guerrero, Economic Development Director Johnk, Special Projects Director Wakely,Public Affairs and Communications Coordinator Moore, City Recorder Pierson PRESENTATION Mayor Swenson thanked Antonio Germann, Shawn Baird, Marin Arreola, Jonathan Avery, and Melody Molina for their support during the COVID-19 Pandemic. Mayor Swenson also thanked the members of the following committees for continuing their important work during the COVID-19 Pandemic: • City Council • Recreation and Parks Board • Planning Commission • Budget Committee • Library Board • Public Art and Mural Committee • Museum Volunteers • Smith Creek Park Naming Committee • Community Center Advisory Committee CONSENT AGENDA A. Woodburn City Council minutes of June 27, 2022, B. Building Activity for June 2022. Carney/Cornwell... adopt the Consent Agenda. The motion passed unanimously. COUNCIL BILL NO. 3190 — A RESOLUTION AUTHORIZING EXECUTION OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF WOODBURN AND THE WOODBURN POLICE ASSOCIATION BEGINNING ON JULY 1, 2022 AND ENDING ON JUNE 30, 2024 Carney introduced Council Bill No. 3190. City Recorder Pierson read the bill by title only since there were no objections from the Council. City Administrator Derickson provided a staff report. On roll call vote for final passage, the bill passed unanimously. Mayor Swenson declared Council Page 1 - Council Meeting Minutes, July 12, 2022 4 COUNCIL MEETING MINUTES JULY 12, 2022 Bill No. 3190 duly passed. CALL-UP BRIEFING: PLANNING COMMISSION APPROVAL OF A DESIGN REVIEW AND EXCEPTION TO STREET RIGHT OF WAY AND IMPROVEMENT REQUIREMENTS ("STREET EXCEPTION") APPLICATION PACKAGE FOR DO IT BEST AT 333 S. WOODLAND AVENUE (DR 22-01 & EXCP 22-03) The Council declined to call this item up. CITY ADMINISTRATOR'S REPORT The City Administrator introduced Renata Wakely, the City's new Director of Special Projects. MAYOR AND COUNCIL REPORTS The Mayor and Council had nothing to report. ADJOURNMENT Carney/Schaub...move to adjourn. The motion passed unanimously. Mayor Swenson adjourned the meeting at 6:21 p.m. APPROVED ERIC SWENSON, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 2 - Council Meeting Minutes, July 12, 2022 5 �'I'1 r I Iii♦ r} � l�� i ��/� BU Pri,,�<;rrt rr rf aA'!87 July 25, 2022 TO: Honorable Mayor and City Council through City Administrator FROM: Chris Kerr, Community Development Director Colin Cortes, AICP, CNU-A, Senior Planner SUBJECT: Annexation of Approximately 39.68 Acres of Territory Known as the Oregon Golf Association Property with no street address along the east side of Boones Ferry Rd NE north of Hazelnut Dr (ANX 22-02) and Approval of Related Land Use Applications for Development into the Marion Pointe Planned Unit Development (PUD) RECOMMENDATION: Conduct a public hearing and make a motion to tentatively approve the land use applications, directing staff to prepare and submit an ordinance and final land use decision for consideration at the next City Council meeting. BACKGROUND: The item before the Council is action on annexation application ANX 22-02 by AKS Engineering & Forestry, LLC on behalf of Holt Group Holdings, LLC for property totaling approximately 39.68 gross acres and located along the east side of Boones Ferry Road NE north of Hazelnut Drive. The territory is eligible for annexation because it's within the City urban growth boundary (UGB). Upon annexation, the City would need to designate the property with City zoning. The Comprehensive Plan land use map designates the territory Low Density Residential and Open Space and Parks. Per Comprehensive Plan Policy Table 1, the default compatible base zoning districts are the Residential Single Family (RS) and Public and Semi-Public (P/SP). Because environmental constraints are relevant to the territory, the Riparian Corridor and Wetlands Overlay District (RCWOD) also applies. The applicant accepts the two base zoning districts and the overlay district. Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance_x_ 6 Honorable Mayor and City Council July 25, 2022 (ANX 22-02 Marion Pointe PUD) Page 2 Development Applications Because the applicant proposes also to develop the subject property with 87 single-family houses, there are associated development applications submitted as part of the consolidated application: • Property Line Adjustment PLA 22-02: This adjusts the northerly boundary of Tax Lot 051 WO6DCO2600 so that the golf course remains on its own lot. • Planned Unit Development PUD 22-02: This relates to the site plan and the overall physical site development. PUD is a discretionary land use application type allowing developers to modify WDO development criteria - such as minimum lot areas and residential density - in exchange for providing a minimum area of open space, minimum common area improvements, and "enhanced public amenities." The flexibility in standards is to be justified by commensurate public benefit. More to the point, the conditions of approval and the related 200 series of attachments establish PUD development standards and common area improvements. • Riparian Corridor and Wetlands Overlay District Permit RCWOD 22-01 : This permit acknowledges, protects, and enhances the west tributary of Mill Creek and wetlands. • Preliminary Subdivision SUB 22-03: This subdivides the land into tracts and residential small lots per PUD standards - premised upon PUD approval. • Zone Change 22-02: This relates to the zoning designations that come with annexation. Project Summary See the next few pages for an aerial photo and a site plan. 7 Honorable Mayor and City Council July 25, 2022 (ANX 22-02 Marion Pointe PUD) Page 3 a rf w n a G" 1i Aerial map (2016) with site outlined in purple 8 Honorable Mayor and City Council July 25, 2022 (ANX 22-02 Marion Pointe PUD) Page 4 i 3 .. i, 57 //% .;?� ,. / � 511 0 49 ��/ �, .•;,,, ,., /� %%� %y ,. r�q I � /r,, .... 12 iii%/�io/ir �1416,47 J 54 �%��i��,.. ,,�,; ✓, ,e, i� �/, ,� i/, �/ / r%� ,„ - i„ /1 //icy /! µ 1718 ,/elf 19 /,r,,✓ /1 �� // / %/; - rr ��/ .... ii, ia/ iii ��;,r, , it fir@ '29 i,, 20 27 21 ✓//„ '" ,M .�� s, //.,�;�i////////%/��,r,,rr, �;,,/� /// .; i _ ,........ .. /ilk, � %,%/ �iy°.. ii c INS, / Site map from cover sheet of the site plans 9 Honorable Mayor and City Council July 25, 2022 (ANX 22-02 Marion Pointe PUD) Page 5 Previous Proposal For the same subject property, the Council on March 11 , 2021 , denied a similar proposal, ANX 2020-01 Trillium Reserve PUD, for reasons listed in the final decision document including: • Open space tracts were too few and provided too much passive open space by lacking enough active recreation improvements and enhanced public amenities. • Lacked a playground. • Lacked application materials for required boundary street improvements for the portion of Hazelnut Drive & Boones Ferry Road NE running along the Southwest corner of the development. • Lacked a second, northerly street connection to Boones Ferry Road NE (extending the proposed Trillium Avenue west to the road). For the proposed Marion Pointe PUD, the developer duly took note and revised the site plan expressly to address the reasons that the Council had listed. Commission Recommendation The Planning Commission on June 23, 2022, heard and unanimously recommended approval of the consolidated applications package with the conditions of approval recommended in Commission staff addendum memo (Council Attachment 1 ). Testimony Members of the public submitted two letters of comment prior to the Commission hearing and three letters prior to the Council hearing. They are Attachments 3-7. Besides the applicant, one individual who had submitted Attachment 4 testified verbally at the hearing: Who Topic Eric Svela, 549 Turnberry Ave, Expected property behind home to remain Woodburn, OR, 97071-7742 undeveloped; believed playground tract would attract crime; and, believed development residents would seek to enter Tukwila swimming pools and necessitate guarding pools from them 10 Honorable Mayor and City Council July 25, 2022 (ANX 22-02 Marion Pointe PUD) Page 6 DISCUSSION: Annexation is a policy decision by the Council. Decision-making criteria for annexation are in Woodburn Development Ordinance (WDO) 5.04.01 C. The attached Planning Commission staff report of June 23, 2022, particularly its Attachment 102 Analyses & Findings, addresses the criteria for annexation and finds them met. The Council reviews and decides upon the consolidated applications package for the development project because per WDO 4.01 .07, the City reviews a package at the highest land use review type among the application types. (In this context, it's the annexation application type, which is Type IV - a Council decision.) FINANCIAL IMPACT: Annexing the territory into city limits would subject it to City taxing authority, including property tax that generates the largest source of funding for general fund services such as the library, policing, and parks and recreation. The City permanent tax rate is $6.0534 per thousand dollars - equal to a millage rate of 6.0534 mils - as set by Oregon Ballot Measure 50 in 1997-98. The property had a rural dwelling, now demolished. The table below simplifies and grossly estimates tax revenue, not accounting for increase resulting from development: Address Tax Lot Marion County Gross Estimate of City Assessed Value AV Property Tax 6.0534 mils none 051 WO6D000502 $203,560 $1,232.23 rima none 051 WO6D000500 $1,440 $8.72 none 051 WO6D000800 $620 $3.75 none 051 WO6DC00201 $640 $3.87 none 051W06DC00300 $1,750 $10.59 Total: $208,010 $1,259.17 The estimate neither accounts for how the City might assess property value differently than Marion County nor excludes the unknown cost of providing basic utility services to the properties that the City does not already provide. Crucially, site development would increase both the number of residences and assessed valuation (AV) while also increasing City utility and other service costs. 11 Honorable Mayor and City Council July 25, 2022 (ANX 22-02 Marion Pointe PUD) Page 7 ATTACHMENTS: 1 . Planning Commission June 23, 2022 staff addendum memo and select attachments: 104D. ANX 22-02 Strikethrough-and-underline conditions of approval revised from June 23, 2022 Planning Commission staff report (7 pages) 2. Planning Commission June 23, 2022 Staff Report and select attachments: 101 . Marked Tax Maps (2 sheets) 102. Analyses & Findings (56 pages) 102A. Public Works comments (June 15, 2022) 103. Site plans (27 sheets) 103A. Annexation Service Provider Letters (SPLs; 4 pages) 104A. TSP Tables 2 & 5 marked excerpts from pages 32 & 62: Projects R8, R9, R1 1, & P36 (2 pages) 104B. TSP Fig. 2 "Functional Roadway Classification" 104C. TSP Fig. 6 "Local Street Connectivity Plan" 201 .* ANX 2020-01 Trillium Reserve PUD: Dictionary & Glossary 202. ANX 2020-01 Trillium Reserve PUD: Lot & Tract Development Standards 203. ANX 2020-01 Trillium Reserve PUD: Common Area Improvements & Public Easements 204. ANX 2020-01 Trillium Reserve PUD: Tree Preservation & Protection and Environmental Remediation 205. ANX 2020-01 Trillium Reserve PUD: Conditioned Fees *The 200 series of attachments are details for the conditions of approval. 3. Testimony by Jim & Julie Nicolarsen, 620 Troon Ave, letter received June 13, 2022; 2 pages 4. Testimony by Donna Svela, 549 Turnberry Ave, e-mail received June 13, 2022; 2 pages 5. Testimony by Dennis & Lorell Ortega, 408 Turnberry Ave, letter received July 18, 2022; 2 pages 6. Testimony by Jim Nicolarsen, 620 Troon Ave, letter received July 19, 2022; 1 page 7. Testimony by Julie Nicolarsen, 620 Troon Ave, letter received July 19, 2022; 2 pages 12 � 10�� -XY WOOD Addendum I raI rpe, j red 1,887 June 23, 2022 To: Planning Commission (June 23, 2022) From: Colin Cortes, AICP, CNU-A, Senior Planner Cc: McKenzie Granum, Assistant City Attorney Chris Kerr, Community Development Director Rand Waltz, AKS Engineering & Forestry, LLC, applicant Garrett H. Stephenson, applicant's attorney Subject: Addendum to Agenda Item 6b: Annexation ANX 22-02 Marion Pointe Summary: Staff received the attached June 23, 2022 letter of testimony from the applicant's attorney. This cover memo provides context and addresses the first of the two objections to the recommended conditions of approval: references to the new WDO. A number of conditions reference conformance with the WDO as newly amended up to and through Ordinance No. 2603 (Legislative Amendment LA 21-02) adopted June 13 and effective June 30, 2022. The applicant's team is concerned not having looked at the ordinance online to see the referenced WDO provisions. Per the Assistant City Attorney, staff proposes strikethrough-and- underline edits to several conditions to: 1. Remove all such references, and 2. Copy and paste the referenced provisions themselves from the newly amended WDO into the conditions of approval. The new WDO doesn't interfere with the proposed development, and staff believes that the strikethrough-and-underline conditions will reassure the applicant and applicant's attorney and lead them to drop the objection. Recommendation: To approve with conditions including those edited through this addendum memo. Attachment(s): • Public testimony by Garrett H. Stephenson, applicant's attorney, June 23, 2022 (7 pages) • 104D. ANX 22-02 Strikethrough-and-underline conditions of approval revised from June 23, 2022 Planning Commission staff report (7 pages) i::`Ity COL11116H JLfly 25, 202 13 WILLIAMSON & WYATT{«, June 23, 2022 Garrett H. Stephenson Admitted in Oregon T:503-796-2893 C:503-320-3715 VIA E-MAIL gstephenson@schwabe.com Mr. Charles Piper Woodburn Planning Commission Woodburn City Hall Council Chambers J U� 11�1 2" 3 2022 270 Montgomery Street Woodburn, OR 97071 RE: Marion Pointe Application, Woodburn Case Files ANX 22-02, ZC 22-02, PLA 22-02, PUD 22-02, RCWOD 22-01, SUB 22-03 (the "Application") Dear Mr. Piper: This office represents Holt Homes (the "Applicant") in the Marion Pointe Application (ANX 22- 02, ZC 22-02, PLA 22-02, PUD 22-02, RCWOD 22-01, SUB 22-03) (together, the "Application"). The Application includes a proposed annexation, subdivision, and planned unit development(including concept development and detailed development plans). The Application is the result of a substantial amount of effort on the part of the Applicant and City staff, and the Applicant appreciates staff's thorough review of the Application. On the whole, the Applicant agrees and accepts the conditions of approval. However, the Applicant has two concerns regarding the proposed conditions of approval in the June 15,2022 Staff Report,which are discussed below. 1. Applicability of Codes adopted after February 14,2022 The Staff Report includes a number of conditions 1 requiring the Application to comply with certain provisions of the Woodburn Development Ordinance adopted after the Application was prepared and submitted,the most recent of which were only adopted on June 13, 2022. This presents a practical problem for the Applicant because it is not clear how these new standards would alter the Application or how much additional cost might be necessary to comply with them. Land development projects depend in large part on the ability to understand the City's approval criteria and development standards before an application is submitted, so applicants can accommodate the City's design requirements during the project design phase. To that end, Oregon law provides that most land use applications, including subdivisions and planned unit These include but are not limited to proposed conditions G4,G6,G8, SUB-1, SUB-2,PUD-2,and PUD-3. - - ENEENNEFA mm - 14 Mr. Charles Piper June 23, 2022 Page 2 developments, are protected by the "Fixed Goal-Post" rule, which is set forth in ORS 227.178(3): "If the application was complete when first submitted or the applicant submits the requested additional information within 180 days of the date the application was first submitted and the city has a comprehensive plan and land use regulations acknowledged under ORS 197.251, approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first submitted." Similarly, ORS 92.040 provides that: "(2) After September 9, 1995, when a local government makes a decision on a land use application for a subdivision inside an urban growth boundary, only those local government laws implemented under an acknowledged comprehensive plan that are in effect at the time of application shall govern subsequent construction on the property unless the applicant elects otherwise." The Application was submitted on February 14, 2022. The Application was deemed complete on May 12, 2022, within 180 days of application submittal. Therefore, the criteria and development standards in effect on February 14, 2022 are the standards that apply to the Application and subsequent development of the subject property. For these reasons, the Applicant respectfully requests that the Planning Commission remove from the final conditions and findings any references to versions of the WDO which became effective after February 14, 2022. In the alternative, if the Planning Commission wishes to specify which version of the WDO governs the Application, it can replace references to "through Ordinance No. 2603"with "WDO standards in effect on February 14, 2022." This change would provide the Applicant with predictability about how the Project will ultimately be developed and add clarity for City staff construing the decision in the future. 2. Upsizing of the Private Stormwater System beneath the OGA Golf Course Proposed condition PUD-PW provides as follows: "PUD-PW. Stormwater management: Prior to civil engineering plan approval through CEP review, the applicant shall provide an Engineer Stamped Storm Drainage Hydraulic Analysis Report that existing private storm drainage systems have capacity to handle the additional flow from the Marion Pointe and ANX 2020-03 Dove Landing Planned Unit Developments (PUDs), and that the culvert/pipe under Olympic Street has capacity to handle a 100 year base flood event, and to provide a final 100 year floodway, floodplain, and wetland delineation for this development. The applicant is responsible for correcting any schwabe.com 15 Mr. Charles Piper June 23, 2022 Page 3 capacity deficiencies, including installing new or additional drainage systems, and/or attaining the right to increase stormwater flows into neighboring private stormwater systems." As an initial matter, there are elements of the above condition which the Applicant accepts, including the requirement to up-size the culvert/pipe beneath Olympic Street to accommodate a 100-year base flood event. The project's proposed stormwater system (including a connection to the existing private line) is designed to meet the City's current 25-year storm requirement, as described in Exhibit 1. However, the final sentence likely obligates the Applicant to substantially upsize the existing private stormwater line to meet a 100-year capacity not in the City's stormwater design standards, and do so at least partially to accommodate offsite stormwater flow from a different project, Dove Landing. There are both practical and legal problems with this requirement. The practical problem is that this would require a major trenching within the OGA Golf Course and construction of the replacement pipe would entail substantial expense. This would not only disrupt golf course operations, but would also require the Applicant to obtain an additional easement to make such improvements, which the OGA Golf Course may not wish to grant. The legal problem is that, as explained in Exhibit 1 from the Applicant's project engineer, such an upsizing is not necessary to serve the Marion Point project. Under the 5I Amendment of the U.S. Constitution, requiring a landowner to dedicate its private property rights or pay money for public improvements in exchange for development approval is a taking requiring just compensation, unless there is an "essential nexus"between the condition and the project's impacts on the local government's public infrastructure. Nollan v. California Coastal Com., 483 U.S. 825, 836-37 (1987);Koontz v. St. Johns River Water Management District, 570 U.S. 595, 613-14 (2013); Hill v. City of Portland, 293 Or App 283, 290 (2018). The project's stormwater system is already designed to meet the City's applicable stormwater requirements without up- sizing the private storm line beneath the golf course. Moreover, the requirement for up-sizing is at least partially a consequence of the Dove Landing project, not the Marion Pointe Project. Therefore, condition PUD-PW lacks the required nexus to the impacts of Marion Pointe. Additionally,public improvement requirements must be "roughly proportional"to the expected impacts caused by the proposed development, and the City carries the burden of proof to show how proposed conditions meet the proportionality requirement. Dolan v. City of Tigard, 512 U.S. 374, 391-395 (1994). In this instance, Exhibit 1 demonstrates that the potential up-sizing of existing private stormwater facilities is not roughly proportional to the impacts of Marion Pointe. This is because the proposed stormwater design is sufficient to serve the Marion Pointe project without upsizing the existing private line. Thus, the substantial payment of money required to construct that improvement is in excess (and likely far in excess) of the cost of improvements necessary to meet stormwater standards and offset the project's impacts on the public stormwater system. schwabe.com 16 Mr. Charles Piper June 23, 2022 Page 4 For the above reasons, the Applicant respectfully requests that Condition PUD-PW be either eliminated or revised as follows: "Stormwater management: Prior to civil engineering plan approval through CEP review, the applicant shall provide an Engineer Stamped Storm Drainage Hydraulic Analysis Report to determine whether the culvert/pipe under Olympic Street has capacity to handle a 100 year base flood event." Conclusion As noted above, the Applicant appreciates staff's hard work on this project and accepts the vast majority of proposed conditions. With the two changes recommended above, the Applicant fully supports staff's findings and proposed conditions. The applicant respectfully requests that the Planning Commission make these two changes and otherwise approve the Application as recommended in the staff report. Best regards, . r 1' Garrett H. Stephenson GST.jmhi Enclosure Cc: Mr. Colin Cortes (via email) (w/enclosure) Mr. Chris Kerr (via email) (w/enclosure) Ms. McKenzie Granum (via email) (w/enclosure) Mr. Mike Loomis (via email) (w/enclosure) Ms. MacKenzie Davis (via email) (w/enclosure) Mr. Rand Waltz (via email) (w/enclosure) Mr. Joey Shearer (via email) (w/enclosure) PDX\014975\265191\GSP34056991.1 schwabe.com 17 SEND,OR KEIZER,mp TUALATIN,OR VANCOUVER,WA 1W 1r_W �50 /2%y5W Hoo n mo Ru rut rAMe 100 06(K)Nf',��wuYv,Sw1e25'd0 Bond,OR,Q770A Kozel,OR*mfm ' =wmr,WCJ /5010w*�� --------F--srRy— www�ams-°�.cmm Date: 6/23/2022 To: Colin Cortes,A|CP, CNU-A, Senior Planner—City nfWoodburn Fnmnn: Rand Waltz/Vu Nguyen, PE Project Name: Marion Pointe PUD AKS Job No.: 7664 SU:�Ject: Cord'li'01'i of Appumd:............R JD-PW Condition nfapproval PUD-PW states: S&onnmxzternnonogennent: Prior&ocivil engineering plan approval through CEP review, the applicant shall provide an Engineer Stomped Storm Drainage Hydraulic Analysis Report that existing private storm drainage systems have capacity to handle the addition a/flow from the Marion Pointe and ANX 2020-03 Dove Landing Planned Unit Developments(PUDs), and that the culvert/pipe under Olympic Street has capacity to handle a 100 year baseflood event, and to provide a final 100 yearfloodway,floodplain, and wetland delineation for this development. The applicant/sresponsible for correcting any capacity deficiencies, including installing new or additional drainage systems, andlor attaining the right to increase stormwaterflows into neighboring private stormwater systems. This condition of approval requests that the Marion Pointe project increase the capacity of an existing offsite private stnrmvvater main pipe to accommodate flows beyond normal City standards for this project and an offsite residential development project(Dove Landing). Additionally, construction of this main pipe will require a public storm drainage and temporary grading and construction easement on private property that is not owned or controlled by the applicant. There is no certainty that the easement required for construction will be granted by the offsite property owner. The City's Storm Drainage Master Plan requires the following regarding stormwater runoff conveyance: * The 25-year post-developed storm event runoff be detained to the pre-developed 5-year storm event. This means that after the site is developed, stormwater from a 25-year event (an event that statistically happens once every 25 years) leaving the subject site can only be released at rate less than or equal to a 5-year storm event prior to development.This project meets this requirement. The existing 24-inch culvert under the future Olympic Street will be replaced with a 72-inch diameter culvert.This new culvert will be sized to accommodate stormwater runoff from this site and the upstream basins (including Dove Landing under fully developed conditions) based on peak flows for the 100-year storm event. In larger storm events, stnrmvvater could back up out of offsite private stnrmvvater main pipe and sheet f|nvv across the golf course property; however, this is the historical route of the stnrmvvater runoff, and there are no structures in this flow path. Exhibit 1 18 Page of Since this project meets the City's Storm Drainage Master Plan detention and conveyance standards and because of the proposed Olympic Street culvert replacement, there are no downstream conveyance deficiencies. Because of this, condition of approval PUD-PW should not be applied to this project. Marion Pointe PUD-Condition of Approval—PUD-PW Page 2 of 2 Exhibit 1 19 Page 2 of 3 d,AM 111 ® �M �� ss 9-A - _ w LL TRACT TlEhC7B •91 82/• 4 .e • 55 -. 5 - �� 59 :% TRACT 4fi 45 124 13 1 42 41 a 14 TRACT soreuwn ere cora rb 1 '(� norvwnw nor - M ° _ a Z 3] ' ADJUSTED -- P W F W(� TA%L°i 800 T� — epena ��y „� TAXu LOT 26CC 15 W > °�w1po= EXISTING PRIVATE _ O O ,.GToTwo STORM LINE a4 oc w a z a H OC „P°i o°a as i x 2 O O d a XG°T�woao 2fi W 0 a O ao -e_ d 2. 27 21 „M -- i2 -----_ e, 2fi 25 24 3� Pel 121 oo� ILIO rs Q Exhibit 1 20 Page 3 of 3 Recommended Conditions of Approval Staff recommends approval of the consolidated applications based on the findings in the staff report and attachments, which are incorporated by this reference, as well as applying the following conditions of approval: General G1. By and 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 by the Building Division. 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 Om I"and 4.02.12 ":. unless shall be per WDO 3.01.02................................. ... ............. if and where a condition of approval has more restrictive timing.-.7" �.. i he consu'uctiion of all abulic iim If°ovelments theiilf° assiiln . pit fins egjons and ..............................................................................................................................................................................................I ..........................................................p..........................................................................,..................................................1 ..................................g...........................y............................12..................................................I................................. .. ecce talnce b tlhe �it elf°e due InQ Ilatelf°tlhaln b eiithelf° 5.0 ...0 B lin the context of (land 12...................................................y.................................................y................................................................................................................................................................y................................................................................................................................................................................................................................................................. division fiinall Ilat a Iliicatiion to the Ciit oii. b bu Idi.n . elf°milt iissualnce exce t if a p,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,12, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,y,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,y,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,g,,,,,,p,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,...................... ......................,�,,,,,,,,,,,, tlhe deuellQ elf° a Iliies to the Ciit tlhlf°Qu.Ih tlhe I�ublliic Wolf°Iks De elf°tment fQlf° de elf°If°all and b the Ciit Adrniiniistlf°atoll° oii. desii.nee Tissues a document a If°oviin . and desclf°iibiin. a bond Qlf` elf°fQlf°mance calf°antee ulf°sualnt tQ Sectiion 4.02..08. g............................................................................................................12............................................................................................g...........................................................................12................................................................................................................................................................................................................. Adif7C"llllf isu'atllon of bondingallid elf"fQlf"I g..! ice .c elf"antees for IIIA If"Quel�lellits that are ............................................................................................................................................................................. ..................................... .....................................................................................m.................................................................................................................... ....................................................................................................................................... pabulic defaults to the Public Wolf°Iks De elf°tlrnelnt alnd tlhe de elf°tlrnelnt slhallll InQtiif tlhe .............................................................................................................................................................................................................................................................p........................................................,................................................................................12...............................................................................................................................y............................ Qlmlmulniit Devello mens Dinf°ectolf° of defeini'all a Iliicatiions and an a If°Qualls and y.......................................................12...................................................................................................................................................................................................12. .................................................................................................................y............... ..p.......................................................................... conditions 2x.12, . . , ,„ , ,.,,,,.! ;,. „If,;; �✓.�„�I,,,,. 2. Fees lin lliieu Qf ublliic iilrm7 If°Quelrnents: Dell° Condition G0. b. Where changes to street addresses are necessary, the developer shall apply through the Planning Division for and obtain approval of an ,d,d,res,s, ,,sSjg,��„��r„�,�,�„�, ,�„��„��,�,.,s,t. This is due Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report . .ll� �1.. .................................................................................... Attachment 102 11 AttarhIirne t 104f”) Page 42 of 57 JUne 23, 2022 1 of 21 .......................................................................................... prior to building permit application, and if property line adjustment or lot consolidation were to become relevant, then also after recordation with County. G5. Recordation due dates: The applicant shall apply to the County for recordations of items that the City requires no later than six (6) months prior to expiration of the land use approval as WDO 4.02.04B establishes, and shall complete recordations no later than three years past the land use "final decision" date. The due date to complete recordations shall not supersede when recordations are due relative to the building permit stage. G6. Fees: The developer shall pay fees per Attachment 205, and fees in-lieu shall be per WDO 4.02.12...:..t.. . Ih.....O::. a. Fees yin Iliieu au°e eu°miissiiblle if the Dk,ectou° allllows whetheu° wholI iindiieu for° one some ......................................................................................................................................12..........................................................................................................................................................................................................................,..........................................................................................................y......................................................................................................I................ or allll of the Ikiindsof re uJr°ed 11M a°oveirnents or for° some or allll of a Ikiind. a..b. Fees in Iliieu of 2h.IJc iim a°oveirnents au°e due befou°e eiitheu° bu�uiilldiin. eu°imiit ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,p,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,€,,,,,,,,,,I ..... , ........... a IJcatiion ou° when and when°e an of Pau°tiitiion or Subdivision FiiA Plat its iinvollved ,,,. „p,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,y ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„ com hellion of a°ecou°datiion with the Count s eciifiicallll no Ilateu°than befou°e a City cal 2.J.91 ns a Ilat ou° a°e Ila! MY Ilam° eu°5ecIjon 5.0�...06C.�... A devello e1° irna a°e ues! in wiJt.iin . to g................................I ........................................................... ....................... .......................I ..................................................................................................................................................................................................................p........................................y.............................................................................................................g................... pDY Ilaleu° s eciifiicallll b iissuance of buiilldiin . eu°milt or if the Qk,ectou° allllows acu°oss ..........y......................................................1 ....................................................y.................y..........................................................................................................................................g........1.......................................,..................................................................................................................................................................................................................................... issuance of two or mou°e stu°uctuu°all bu�uiilldiin. eu°iJts for the sub ec! devello invent. ...........................................................................................................................................................................................................................................................................................g.....I ..........................................................................................................................➢........................................................................ ..................................... G7. Demolition: Because the City through the Building Division now requires de].rr,o,ll,.u,,t„u.or.-I. ,[.!]2Jts, upon annexation and before beginning to demolish buildings or structures or demolishing more of them, consult the Permit Technician and apply for and obtain a permit or permits as applicable. ee.d.y. a.......:. (..W... IL....::.�: ... °... e. .64-44 �. 1.69444. . ,.- . o,,,,,,,, „ G-PW. Public Works: Follow the appended PW comments (June 16, 2022); Attachment 102A). Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 43 of 57 22 Preliminary Subdivision 22-03 SUB-1. Expiration: Based on ORS 92.040(3), development per the Council land use final decision may continue 3 years past the decision date, the 3-year approval period being established ,,,,, ,„ . ... as follows: a. Final Plat: The developer shall apply to the City prior to applying to Marion County for recordation. Owl extending east across BFR from Dove Landing PUD to Nightingale shall continue its name. b. Recordation with Marion County: Same as WDO 5.01.06C.1. (within 30 calendar days of the Director's signature on the plat Mylar). c. Vesting: The decision is vested unless: WDO 4.02.04B.: iif b �..0 eau°s est the fiinA decision date thea°e its no substantiiA constu°uction as Section 1.02defines follllowingiu ........ it the finA . ..... iing ....................... m........I............................................................ . decision... lh.. ..1l..�l..... . .12..i1 lr:. ..... in.. ....:faH.....:.p....vest . :.,.; or (2) =sem... ... . ..... ... ::. ..o......... DO ..... . .g ..11 ..ii„in.g...... .I .. . :�J p ln..... .. . .....4... . ..,0 .B�. ..... .`�.....�..p..l2..11 ii..�.`�....:t o o eu° V...iine Ad ustment and Subdiiviisiion FiinA I�Ilat A u°Quell a Iliicatiions tlhe ,,,,,,,,,,12,,,,,,,, y,,,,, .......... ,,,,,,,,,,,,,,,,,,,➢,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.....,,,,,,,,,,,,,,p„12,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,12, ,,,,,,,,,,,..........,,,,,,,,,,,,,,,,,,,,,s 2212.1221° slha.... cairn Mete a°ecou°datiion no Ilateu°than the (land use ex ins°atiion date. SUB-2. Documents: a. Geotech report: Prior to final plat approval by the City, the developer shall submit to the Director a geotechnical report documenting that, whether or not the developer spreads any fill or spoil dirt across lots and tracts, soil is compacted and ready to accommodate the construction of buildings on lots and tracts proposed for development. b. I� ii DO 2.01.05 , W � ”. ° Easements; e ,,,,,,,,,,,,,,, wlheu°e ain of extiiin .unshed allteu°ed ou° addiitiionall ublliic easements au°e iinvollved the devello eu° slhallll nota II fou° buiilldiiin . eu°milt uintiill Ihaviin. com Meted a°ecou°datiions with the Count and a°oviided ellectu°oniic co ices of the a°ecou°ded .........................................................................................................................................................................................................................................y....................................12................................................................................................................................................ ................................................................................................................................... easement documents and du°awiin .s to the Qk,ectou° and the Public Wou°Iks Dk,ectou° when ....................................................................................................................................................................................................................................g............................................................................................................................................................................................................................................................................................................................................................................. and as an of tlheirn dingy°ect. "i"he devello eu° slhallll allso follow Attachments 102A Public .....................................y........................................................................................................................................................................................................p.......................................................................................... Works) and 203, Part D. c. Plat: Upon recordation, the developer shall submit to PW and cc the Director copies of recorded documents per WDO 2.01.05 „uncP44o-4.49 Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 44 of 57 23 Planned Unit Development 22-02 PUD-PW. Stormwater management: Prior to civil engineering plan approval through CEP review, the applicant shall provide an Engineer Stamped Storm Drainage Hydraulic Analysis Report that existing private storm drainage systems have capacity to handle the additional flow from the Marion Pointe and ANX 2020-03 Dove Landing Planned Unit Developments (PUDs), and that the culvert/pipe under Olympic Street has capacity to handle a 100 year base flood event, and to provide a final 100 year floodway, floodplain, and wetland delineation for this development. The applicant is responsible for correcting any capacity deficiencies, including installing new or additional drainage systems, and/or attaining the right to increase stormwater flows into neighboring private stormwater systems. PUD-1. Mods: The City approves PUD modifications only as written in conditions of approval and the 200 series of attachments, particularly Attachment 202. Other modifications that site plans imply are subject to later administrative approval or denial by the Director. PUD-2. a. ROWs: For BFR and the proposed local class streets, the developer shall dedicate ROWs that meet or exceed the min widths necessary to conform to WDO Figures 3.01C & G. b. PU Es: 6p.,. . ........ ... ..... 2..e r W D O 3.0 2.01,,,,,1„ ,,,d „o,,,,,2„ ...... +9 +„ ll°E,„ a PUO` shall be dediicatedall . eaclh !lot !Bine or to°act boundau' abuttiiin . a abulic stu°eet at miiniimum wiidtlh 5 feet and imaxiiimuim width ft. PUD-3. Frontage/street improvements: These shall be as follows and dine p?„ir !pini„iltiipin Goa: a. BFR: Per WDO Fig. 3.01C except that planter strip shall be min 6% ft wide inc. curb width. b. Olympic: Bridge or culvert crossing over Mill Creek tributary: Per WDO 3.01.03H uin°ed ROW shall a°eimaiiin suclh a°e.au°dlless of tlhe Ih siicA width of the cq„ ssiiin�g.,. ......................................... 2. I�au°Iki..n .: Ain au°Ikiiin . Maines a°e uiiu°ed b tlhe a [iicablle cu°oss section shall a°emaiin ...........)..................................................g...............................y..... ....................................g...........................................).................... ...................................................y........................................I . .............................................................................................................................................................................................................................. uini°ed. 3 Siidewalllk wiidtlhs: A ...........).. devello ...................................................................................................................................................................... .............. .e..u.............n........a omit f°orn a bu° dge or cullveu°t the stu°eet y................................................................................................................... .................................................................................................................................................... Ilands , , ht s,idewalllk the minimum width of.,,,,,,,,g,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,cetu°i,,I ,s,,,,,,,,,,,,l ,e,u° beu,l,tingytiI .......... ............................................. wlhiic]b slhallll be eiitlhe11 8 ft wlheu°e tlheu°e its to be no ad ace1ton stu°eet au°kiln. ou° ft Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 45 of 57 24 wlheii,e tlheii,e is to be. Wider width s Ih a.1.1� ap..P ?L!.) �Lf.)Q 3.0.1.03G a..Ip ies g..g..iii,ed fence at each end of r fli.np �evation� Shall be such that the travel vvayand parking lanes wouldn't flood during the 1OO-vearflood. Design details are deferred to PUD Final Plan Approval process; refer to Condition PUD-11. o. Tract D: The developer shall grant tothe City over the entire tract apublic street easement. The easement shall allow for all purposes permitted by what would have been ROW dedication including construction ofstreet improvements. One ormore legal instruments that dedicates the easement shall contain text that the easement is revocable only with the written concurrence of both the Community Development Director and Public Works Director and byCity Council action. (The objective is to have maintenance responsibility remain with a party other than the City.) d. Hazelnut: Per WDO Fig. 3.01G, except that the territory contiguous with Tax Lots 051W06DC00201 & 300, which is occupied by Hazelnut, shall be dedicated to the City as R[>VV. (Note: To not meet this condition part would require modification of condition [M[>Clapplication and approval per VVD[>4.O2.O7.\ e. Planter strip remainder: [VVD(] 3.O1.O4B | a tion . f. Sidewalks: Min 6 ft wide except wider as Exhibit PUD-3f supersedes. BFR sidewalk southerly and two northerly dead-ends shall have ADA-compliant transitions spanning between sidewalk and road shoulder as the applicable public works authority specifies. The segment extending north from Hazelnut sidewalk may meander, including PUE Marion Pointe ANX22'O2, PUD22'O2,etc.Staff Report Attachment 102 Page 46of57 25 overlap, and taper to 6 ft through RPZs to save most of the loose row of trees along the road. ..................................................................................................................................................................................................................................................................................................................................................................................................................................... f 0 o is Y — 2 w O m , JW 0 ` W CC�0 � wG� Exhibit PUD-3f.• Site Plan Sheet P-26 Sidewalks(blue:min 8 ft wide);see Attachment 103 for full size g. Overlap: The extra width of planter strip and sidewalk shall either(1) overlap outside ROW into streetside PUE and come with a recorded legal instrument granting public access to the overlap to the satisfaction of the Public Works Director, or (2) come with additional ROW to accommodate them. Wider sidewalks shall not narrow planter strips. h. Street trees: (1) Min numbers equal to block frontage ratios per Exhibit PUD-3h: Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 47 of 57 26 'P �.4g 6,g 59 .xru w+a lrnl 4 m a r�w d m 4 �Pa 44 L 47 51 f - A ,rr % pkVAA N- .+ vmarvsrm rnmrn V r F rTumtrF ', s f omnis v'wrmws m¢wmrx 4,"+V' 39 ,e is 5i za z, r \ p t Exhibit PUD-3h: Site Plan Sheet P-31 Street Tree Min No. (green: equal to 1 tree per 30 o block ronta e 19 p p � f f 9 ) (2) Along Magnolia, revise street trees from Capital pear to Magnolia grandiflora "Victoria" cultivar. (3) Fee in-lieu shall be per Attachment 205. i. Electric power lines: Electric power lines, whether in or beyond ROW, shall be buried. j. Traffic calming: A min number of pedestrian crossings along intersection legs shall be patterned poured concrete each min 8 ft wide: (1) Magnolia & Nightingale, 3 legs: N/NE, E/SE, & S/SW; and (2) Magnolia & Olympic: 2-3 legs: S/SW & whichever one or both of the E/SE or W/NW legs that would have a curb ramp along the top of the "T" of the T-intersection. PUD-4. Streets, dead-end: Barricades/Signage: Based on WDO 3.01.05A.2b & c, the developer shall place: a. A barricade with sign at the south end of Nightingale; and b. A barricade at each of the north end of Nightingale the east end of Magnolia. Consult PW for a barricade detail, and no later than CEP show both it and a modified version with a sign in conformance with 3.01.05A.2c. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report . ll�d�.. ......................................... Attachment 102 Page 48 of 57 Attachirnent 104f') JUne 23, 2022 7 f 27 .......................................................................................... J ; � -'- N Incorpo, rraaed 1889 Staff Report To: Planning Commission Through: Chris Kerr, AICP, Community Development Director c', From: Colin Cortes, AICP, CNU-A, Senior Planner Meeting Date: June 23, 2022 (Prepared June 15, 2022) Item: "Marion Pointe" Planned Unit Development (ANX 22-02) Tax Lot(s): 051W06D000502 (primary), 500, & 800 and 051W06DC00201 & 300 (no address; Boones Ferry Rd NE east side north of Hazelnut Dr) Table of Contents ISSUE BEFORE THE PLANNING COMMISSION.....................................................................1 EXECUTIVE SUMMARY....................................................................................................2 RECOMMENDATION .......................................................................................................4 CONDITIONS OF APPROVAL ............................................................................................4 ACTIONS ..................................................................................................................... 13 ATTACHMENT LIST....................................................................................................... 13 Issue before the Planning Commission Annexation ANX 22-02 (Type IV) with proposed planned unit development PUD 22-02 Marion Pointe: Commission is to hold a public hearing and make a recommendation to the City Council '.lit .... ' Lui .li..11.... .LfllL ....2. .1....2. .2...... [" X 22... 2 Attachirnent 2 28 Executive Summary Location The proposed Marion Pointe PUD of 87 houses on small lots is based on annexation of 39.21 acres from Marion County. The territory is a former orchard located at northeast city limits along the east side of Boones Ferry Road NE and includes part of the existing Oregon Golf Association golf course. Annexation includes road right-of-way (ROW) down to include the south leg of the intersection of the road with Hazelnut Drive. / � J it ,, 6 / 5$ / sF 7I$ 74 63 0 x,,75 ,` ? %/ �/�//�/ �f )�-., ,✓+ �$ �� . /l%;��, ,��r�i l�� r r / 64 37 18 X11 19 32 ! � r i l/ 27 26 25 �,� 2$ 2 Site map from cover sheet of the site plans Marion Pointe ANX 22-02, PUD 22-02,etc. Staff Report Page 2 of 13 29 Annexation & Zoning Designation Because the Comprehensive Plan land use map designates the territory Low Density Residential and —on the golf course— Open Space and Parks per Comprehensive Plan Policy Table 1 the default corresponding zoning districts are Residential Single Family (RS) and Public and Semi- Public (P/SP). Along with an annexation ordinance, the Council would by separate ordinance designate the annexed territory as RS & P/SP base zoning districts. Because a west tributary of Mill Creek and wetlands are within the territory, designation would include the Riparian Corridor and Wetlands Overlay District (RCWOD). Development Staff and the developer worked diligently to produce a superior site development that includes features such as: 1. Frontage/street improvements including enhanced public amenities in form of wider sidewalks and more street trees; 2. Street stubs that allow a logical network for future development to extend; 3. Two street connections with Boones Ferry Road NE; 4. Lessened driveway curb cuts through shared driveways at flag lots; 5. Common area improvements such as benches and a shelter; 6. Remediation of the riparian corridor of the west tributary of Mill Creek through invasive groundcover removal (e.g. Himalaya blackberry) and restorative plantings; 7. Walking and cycling wayfinding signage; 8. Tree preservation or fees in-lieu; 9. Fees towards City bus stop improvements and bus service; and 10. Fee towards improvement of the public park land in the Dove Landing PUD west across Boones Ferry Road NE. The recommended conditions of approval secure things like the above. Site plans are within Attachment 103. The Public Works Department, Woodburn Fire District, and Woodburn School District gave the applicant annexation service provider letters (SPLs; Attachment 103B) indicating that they can serve the development. Staff finds that the proposal meets applicable Woodburn Development Ordinance (WDO) provisions per the analyses and findings (Attachment 102) and with the recommended conditions of approval. Staff notes that, following City Council denial on April 12, 2021 of ANX 2020-01 Trillium Reserve PUD for the same property, the ANX 22-02 Marion Pointe PUD application materials do a good job of addressing the City Council reasons for denial of Trillium Reserve stated in that final decision document. Marion Pointe ANX 22-02, PUD 22-02,etc. Staff Report Page 3 of 13 30 Recommendation Approval: Staff recommends that the Planning Commission consider the staff report and attachments and recommend approval to the City Council application with the conditions recommended included with this report. Conditions of Approval The conditions are copied from towards the end of the analyses and findings (Attachment 102): General G1. By and 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 by the Building Division. 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 3.01.02 and 4.02.12 through Ordinance No. 2603 (LA 21-02) unless if and where a condition of approval has more restrictive timing. b. Where changes to street addresses are necessary, the developer shall apply through the Planning Division for and obtain approval of an Address Assignment Request. This is due prior to building permit application, and if property line adjustment or lot consolidation were to become relevant, then also after recordation with County. G5. Recordation due dates: The applicant shall apply to the County for recordations of items that the City requires no later than six (6) months prior to expiration of the land use approval as WDO 4.02.04B establishes, and shall complete recordations no later than three years past the land use "final decision" date. The due date to complete recordations shall not supersede when recordations are due relative to the building permit stage. Marion Pointe ANX 22-02, PUD 22-02,etc. Staff Report Page 4 of 13 31 G6. Fees: The developer shall pay fees per Attachment 205, and fees in-lieu shall be per WDO 4.02.12 through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022. G7. Demolition: Because the City through the Building Division now requires demolition permits, upon annexation and before beginning to demolish buildings or structures or demolishing more of them, consult the Permit Technician and apply for and obtain a permit or permits as applicable. G8. WDO version: Upon annexation, conformance to the Woodburn Development Ordinance (WDO) and conditions of approval references to the WDO shall be to the WDO as amended by Ordinance No. 2603 (Legislative Amendment LA 21-02) adopted June 13, 2022. G-PW. Public Works: Follow the appended PW comments (June 16, 2022); Attachment 102A). Marion Pointe ANX 22-02, PUD 22-02,etc. Staff Report Page 5 of 13 32 Preliminary Subdivision 22-03 SUB-1. Expiration: Based on ORS 92.040(3), development per the Council land use final decision may continue 3 years past the decision date, the 3-year approval period being established by WDO 4.02.04 through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022, and as follows: a. Final Plat: The developer shall apply to the City prior to applying to Marion County for recordation. Owl extending east across BFR from Dove Landing PUD to Nightingale shall continue its name. b. Recordation with Marion County: Same as WDO 5.01.06C.1. (within 30 calendar days of the Director's signature on the plat Mylar). c. Vesting: The decision is vested unless: (1) The developer fails to meet subdivision and PUD requirements, resulting in the City being unable to authorize staff to sign a final plat Mylar by July 1, 2027; or (2) There is no substantial construction —as defined in 1.02 through Ordinance No. 2603 (LA 21-02) — by July 1, 2032. SUB-2. Documents: a. Geotech report: Prior to final plat approval by the City, the developer shall submit to the Director a geotechnical report documenting that, whether or not the developer spreads any fill or spoil dirt across lots and tracts, soil is compacted and ready to accommodate the construction of buildings on lots and tracts proposed for development. b. Easements: WDO 2.01.05A through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022 shall be applicable, and follow Attachments 102A (Public Works) and 203, Part D. c. Plat: Upon recordation, the developer shall submit to PW and cc the Director copies of recorded documents per WDO 2.01.05 through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022. Marion Pointe ANX 22-02, PUD 22-02,etc. Staff Report Page 6 of 13 33 Planned Unit Development 22-02 PUD-PW. Stormwater management: Prior to civil engineering plan approval through CEP review, the applicant shall provide an Engineer Stamped Storm Drainage Hydraulic Analysis Report that existing private storm drainage systems have capacity to handle the additional flow from the Marion Pointe and ANX 2020-03 Dove Landing Planned Unit Developments (PUDs), and that the culvert/pipe under Olympic Street has capacity to handle a 100 year base flood event, and to provide a final 100 year floodway, floodplain, and wetland delineation for this development. The applicant is responsible for correcting any capacity deficiencies, including installing new or additional drainage systems, and/or attaining the right to increase stormwater flows into neighboring private stormwater systems. PUD-1. Mods: The City approves PUD modifications only as written in conditions of approval and the 200 series of attachments, particularly Attachment 202. Other modifications that site plans imply are subject to later administrative approval or denial by the Director. PUD-2. a. ROWs: For BFR and the proposed local class streets, the developer shall dedicate ROWs that meet or exceed the min widths necessary to conform to WDO Figures 3.01C & G. b. PUEs: The developer shall grant streetside PUEs that meet or exceed the min width and do not exceed the max per WDO 3.02.01 through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022. PUD-3. Frontage/street improvements: These shall be as follows: a. BFR: Per WDO Fig. 3.01C except that planter strip shall be min 6% ft wide inc. curb width. b. Olympic: Bridge or culvert crossing over Mill Creek tributary: Per WDO 3.01.03H through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022, and: (1) Elevation: Shall be such that the travel way and parking lanes wouldn't flood during the 100-year flood. (2) Sidewalks: min width 9 ft inc. curbing. (3) Fencing/railings: Permissible colors are blue, bronze, brown, green, teal, metal, and rust color. (Black prohibited.) (4) Design details are deferred to PUD Final Plan Approval process; refer to Condition PUD-11. c. Tract D: The developer shall grant to the City over the entire tract a public street easement. The easement shall allow for all purposes permitted by what would have Marion Pointe ANX 22-02, PUD 22-02,etc. Staff Report Page 7 of 13 34 been ROW dedication including construction of street improvements. One or more legal instruments that dedicates the easement shall contain text that the easement is revocable only with the written concurrence of both the Community Development Director and Public Works Director and by City Council action. (The objective is to have maintenance responsibility remain with a party other than the City.) d. Hazelnut: Per WDO Fig. 3.01G, except that the territory contiguous with Tax Lots 051W06DC00201 & 300, which is occupied by Hazelnut, shall be dedicated to the City as ROW. (Note: To not meet this condition part would require modification of condition [MOC] application and approval per WDO 4.02.07.) e. Planter strip remainder: Landscape the remainder area —the area remaining after street tree plantings— per WDO 3.01.0413 through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022. f. Sidewalks: Min 6 ft wide except wider as Exhibit PUD-3f supersedes. BFR sidewalk southerly and two northerly dead-ends shall have ADA-compliant transitions spanning between sidewalk and road shoulder as the applicable public works authority specifies. The segment extending north from Hazelnut sidewalk may meander, including PUE overlap, and taper to 6 ft through RPZs to save most of the loose row of trees along the road. ..................................................................................................................................................................................................................................................................................................................................................................................................................................... o Q z a z , Y — w 2 m , J W O ` W cc�Q -26 � wG� Exhibit PUD-3f.• Site Plan Sheet P-26 Sidewalks(blue:min 8 ft wide);see Attachment 103 for full size g. Overlap: The extra width of planter strip and sidewalk shall either(1) overlap outside ROW into streetside PUE and come with a recorded legal instrument granting public Marion Pointe ANX 22-02, PUD 22-02,etc. Staff Report Page 8 of 13 35 access to the overlap to the satisfaction of the Public Works Director, or (2) come with additional ROW to accommodate them. Wider sidewalks shall not narrow planter strips. h. Street trees: (1) Min numbers equal to block frontage ratios per Exhibit PUD-3h: 7" PA.. uw¢u�mxva m%^ d9 /q r/ 0 � 8 5i " A6 4 5 45 'yV 4R �b059 r1 mfr _ 46` _ 94 y 6Y 8 y'. �ilt 1 lwuv T L _ !1 smwws m[mwxx4�h va mwrewumt Fu tE V 65 BiXxYM I l" smamnm rxan � TRwi F _ r �nxe owrmwa�m w Yx�I"� ; a r zz 19 �°QNau� Exhibit PUD-3h: Site Plan Sheet P-31 Street Tree Min No. (green: equal to 1 tree per 30 ft of block frontage) (2) Along Magnolia, revise street trees from Capital pear to Magnolia grandiflora "Victoria" cultivar. (3) Fee in-lieu shall be per Attachment 205. (4) Landscape strips and street trees shall conform to WDO 3.01.0413 (landscaping, irrigation) and 3.06.03A.3 (root barriers) through Ordinance 2603. i. Electric power lines: Electric power lines, whether in or beyond ROW, shall be buried. j. Traffic calming: A min number of pedestrian crossings along intersection legs shall be patterned poured concrete each min 8 ft wide: (1) Magnolia & Nightingale, 3 legs: N/NE, E/SE, & S/SW; and (2) Magnolia & Olympic: 2-3 legs: S/SW & whichever one or both of the E/SE or W/NW legs that would have a curb ramp along the top of the "T" of the T-intersection. Marion Pointe ANX 22-02, PUD 22-02,etc. Staff Report Page 9 of 13 36 PUD-4. Streets, dead-end: Barricades/Signage: Based on WDO 3.01.05A.2b & c, the developer shall place: a. A barricade with sign at the south end of Nightingale; and b. A barricade at each of the north end of Nightingale the east end of Magnolia. Consult PW for a barricade detail, and no later than CEP show both it and a modified version with a sign in conformance with 3.01.05A.2c. PUD-5. Tree preservation: The developer shall preserve trees per Attachment 204 or pay removal fees per Attachment 205. PUD-6. RCWOD designation: The developer shall through zone change ordinance exhibits apply not only the base zoning districts consistent with the Comprehensive Plan but also the RCWOD that WDO 2.05.05 describes to the applicable areas within Tracts C & E and where the applicable area overlaps the golf course lot. PUD-7. Environmental remediation: The developer shall remediate per Attachment 204, Part C. PUD-8. Lot and tract development standards: The standards shall be per Attachment 202. PUD-9. Common area improvements: Improvements shall be per Attachment 203. PUD-10. Association: The developer shall establish an association/HOA per Attachment 203, Part E. PUD-11. PUD Final Plan Approval Process: a. The developer shall conform to WDO 5.01.07, the purpose of which is to ensure that the PUD is in substantial conformance with the conditions of the PUD Detailed Development Plan (DDP) approval, including regarding street improvements, public improvements outside ROW if any, and common area improvements. The developer shall apply to the Director for PUD Final Plan Approval no later than when applying to PW for CEP review. b. Scope: The scope of DDP includes any topic for which any given final decision condition of approval, and any separate document it might reference, is too general to establish civil engineering standards and construction levels of detail. It also includes any topic or situation for which no standard exists through previous adoption by PW. The Final Plan Approval process is to establish any and all design details deferred from land use review. c. CEP: The developer shall incorporate a PUD Final Plan Approval by the Director into CEP review by PW and the civil engineering plan set that PW would approve through CEP. Marion Pointe ANX 22-02, PUD 22-02,etc. Staff Report Page 10 of 13 37 PUD-12. Construction access: Construction access is prohibited from and to Olympic. If public works construction code standards necessary for PW to administer this condition are absent, the Public Works Director may administratively through a PW permit process establish details, specifications, and revisions to administer including regarding time, place, manner, and temporary signage directing traffic. PUD-13. Dove Landing park improvements: The developer shall pay a fee per Attachment 205 towards improvement of the public park land within the Dove Landing PUD, which is west across BFR. Marion Pointe ANX 22-02, PUD 22-02,etc. Staff Report Page 11 of 13 38 Planned Unit Development 22-02: Transportation T-A. BFR & (]R214: The developer shall pay towards TSP signal timing studies oracombined study per Attachment 2O5. [TSP R8, R9, & R11, p. 32asAttachment 1O4A] T-BP. VVavfinding: Tofurther TDM, the developer shall doone ofthe following: a. Install 3 min devices, such as signage, that provide vvavfindingto bicycle routes, multi- use paths, parks, schools, and other essential destinations. |fthe developer were toopt for signage and assuming pole signage, sign face min dimensions shall be 2 ft by 1 ft and the placements shall be min: (1) 1 installation of 1 face along Tract A Magnolia frontage; (2) 1 installation of 2 faces at or near the intersection of BFR & Owl and along Tract H; (3) 1 installation of 2 faces at or near the intersection of BFR & Magnolia and near Tract |; Note: The developer may mimic the typical wayfincling per WDO interpretation memo |NT22-O6O8. b. Pay afee in-lieu per Attachment 2O5. [TSP 84O "vvavfindino"/P6Z] T-T1. Bus shelter: To further TDM through bus transit, the developer shall provide for a bus shelter by either (a) installing a shelter to the specs per VVD(] interpretation noenoo INT 22-0609 or (b) paying afee in-lieu per Attachment 2O5. [TPU 91 T-T2. Bus stop bicycle parking: Tofurther TDM through bus transit, the developer shall ateach of the following locations provide for bicycle parking by either (1) installing a bicycle rack to the specs specified WDO interpretation memo INT 22-0609 or (2) paying a fee in-lieu per Attachment 205: a. BFR along Tract H; and b. BFR northbound adjacent to Tax Lot 051W07BA01300 (2348 N. Boones Ferry Rd). [TSP T18l T-T3. Bus transit fee:To further transportation demand management (TDM) through bus transit, the developer shall pay abus transit fee per Attachment 2O5. Marion Pointe ANX22'O2, PUD22'O2,etc. Staff Report Page 12of1] 39 Actions The Planning Commission may instead act on the land use application to recommend to: 1. Approve with modified conditions, or 2. Deny, based on WDO criteria or other City provisions. If the Planning Commission were to act upon the recommendation, staff would proceed to a City Council hearing, tentatively scheduled for July 25, 2022, with the Commission recommendation. (Were the Council to approve the consolidated application package, it would do so by adopting two ordinances, one for annexation and one for zoning, and authorizing a final decision document for the applications besides the annexation.) Attachment List 101. Marked Tax Maps (2 sheets) 102. Analyses & Findings 102A. Public Works comments (June 15, 2022) 103. Site plans (dated Apr. 14, 2022 and submitted Apr. 21, 2022; 27 sheets) 103A. Annexation Service Provider Letters (SPLs; 4 pages) 104A. TSP Tables 2 & 5 marked excerpts from pages 32 & 62: Projects R8, R9, R11, & P36 (2 pages) 104B. TSP Fig. 2 "Functional Roadway Classification" 104C. TSP Fig. 6 "Local Street Connectivity Plan" 201.* ANX 22-02 Marion Pointe PUD: Dictionary & Glossary 202. ANX 22-02 Marion Pointe PUD: Lot &Tract Development Standards 203. ANX 22-02 Marion Pointe PUD: Common Area Improvements & Public Easements 204. ANX 22-02 Marion Pointe PUD: Tree Preservation & Protection and Environmental Remediation 205. ANX 22-02 Marion Pointe PUD: Conditioned Fees *The 200 series of attachments are details for the conditions of approval. Marion Pointe ANX 22-02, PUD 22-02,etc. Staff Report Page 13 of 13 40 SEE MAP D a5,vy°°e SEE MAP oslwosA 05 1W 06D ,wED,1 w -fiRQSBM� �RO9'A � oic1 "'M,acrn 400 SEE M .$ SE MAP 051 DAY '1 i\ 200 IE 16 A 00 MARION COUNTY,OREGON aoo ., SEI/4 SEC6 T5S R1 W W.M. SCALE 1"=200' u IIGI D UNE IYPLS Ia.� Iare Iary soz 11 I'd 1 " --- - 50l in��ae aana„o1, aI+ 1 Mae 11 ad------------ es 00 ITA o00 "I Jry .a.I SEE MAP _ .o9aE ,a�� a. .�er ,ae . .-. ], m,�-.... 60 0 oslwosc COIRNLIP I"YPLS 4- MSer ` NUIVIBEiL Taa I=. IND IL. 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SCALE 1"=100' zoo GGIND I INL IYPLS �� Irk Ir,L , .EE MAP � soal f 1/z;11 wosc q ...I+ r vay sr rL cr 02 GIL6E CE 2s1 __— I, RT PC4 da, iso o 0 0 0 "+301 JnJ ulxV m, L'" r. -",, Lrr I soo CORNLN4I YPLS 2 ,asaa� O _. rrs e� asD„o 21 NUIVIBEIL g SOP 0000 0 21 P, IOooaun BEa.oc e1� N �y�Lil> ce 03 03 0 LLSI o0 _ EE MAP a a liARp x` 051 WM6DD 401 g 600 34004 3300 03 CANCELLED NUMBERS a _ s 2700 s 3zoo "'w mz - - STP 3500', s 3IMo a ° ^ 3Moo� ,,., o s a a Isoo j zTM1 3soo m E4 zoo ". m C _ � s zsoo 370o'ss eoo W 29AC �� 0 3soo� D O/�ESOENT DE"o e� Mo l� 4500 3 � R 4 z000 ea" �O 4400 .. 4soo a1 �44soo w � ��RW 4000 O o0 A/ Aacrn �� QPNY F 4300 LLC Z'T 490o� 000 app L� 4100 4200'aPo �Tl G DISCLAIMER_THIS MAP WAS PREPARED \S RESCE FORASSESSMENT PURPOSES ONLY (a pR + SEE MAP Q(� M P SEE =J SEE MAP FOR ADDITIONAL MAPS VISIT OUR WEBSITE AT 051WM7AB 1 m www.co.marionnr.us 'V _ OR1VE SEE IYTAP TUKWILA DRIVE Ze s- tUMM� PLOT DATE:10/16/2020 WOODBURN 5 W 6DC 05 1W 06DC Attachment 102 ANX 22-02: 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, but might become unmet because of condition applied to meet separate and related requirement that is Revision needed for not met clear and consistent • Plan sheets and/or narrative inconsistent records • Other special circumstance benefitting from attention Deviation: Planned Unit Development, Zoning Request to modify, Adjustment, and/or Variance adjust, or vary from a requirement Section references are to the ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,�,,,,,,,,,,,,,",,,,,,,,.1 „ " ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,",,,,,,(,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,), . o.. .. rr� D..Wv.WI. „,,,,;,; C r�: ur�aric:.. SCD Table of Contents Project Name &Case File Numbers..............................................................................................................2 Location.........................................................................................................................................................2 LandUse &Zoning........................................................................................................................................2 StatutoryDates.............................................................................................................................................3 AnnexationProvisions ..................................................................................................................................4 Zoning Map Change Provisions...................................................................................................................11 Riparian Corridor and Wetlands Overlay District (RCWOD) Provisions......................................................12 Property Line Adjustment Provisions .........................................................................................................15 Subdivision Preliminary Approval Provisions..............................................................................................17 Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 1 of 56 43 Planned Unit Development Provisions.......................................................................................................18 RemainingProvisions..................................................................................................................................34 Recommended Conditions of Approval......................................................................................................42 ApplicantIdentity........................................................................................................................................51 Notesto the Applicant................................................................................................................................51 Project Name & Case File Numbers The project name is Marion Pointe. The land use application master/parent case file number is Annexation ANX 22-02, and the children/corollary case file numbers are Property Line Adjustment PLA 22-02, Planned Unit Development PUD 22-02, Riparian Corridor and Wetlands Overlay District Permit RCWOD 22-01, Preliminary Subdivision SUB 22-03, & Zone Change 22- 02. Location Address(es) None (east side of N. Boones Ferry Rd north of Hazelnut Dr) Tax Lot(s) 051W06D000502 (primary), 500, &800 and 051W06DC00201 &300; respectively 39.21, 0.15, 0.07, 0.09, &0.16 acres,totaling 39.69 acres Nearest N. Boones Ferry Rd & Hazelnut Dr intersection Land Use & Zoning Comprehensive Plan Land Use Designation Low Density Residential and Open Space and Parks Zoning District Residential Single Family (RS) and Public and Semi-Public (P/SP)—the latter covering the existing golf course— upon annexation Overlay District(s) Riparian Corridor and Wetlands Overlay District (RCWOD) along the west tributary of Mill Creek Existing Use(s) Closed orchard and part of Oregon Golf Association golf course For context, the comprehensive plan land use map designations and zoning are illustrated below with excerpts from the City geographic information system (GIS) and the zoning is tabulated further below: Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 2 of 56 44 z PISP Comprehensive Plan land use map excerpt Zoning map excerpt Cardinal Direction Adjacent Zoning North No City zoning because not annexed and outside the City urban growth boundary(UGB) East No City zoning because not annexed and outside the City urban growth boundary(UGB) South Mix of RS& P/SP;from east to west: The Links at Tukwila Phase IV subdivision, golf course,Tukwila Orchard Greens No. 1 subdivision, and more golf course West Orchard and two rural houses to be demolished and developed into the Dove Landing PUD [ANX 2020-03] Statutory Dates Application February 14, 2022 Completeness 120-Day Final September 9, 2022 per Oregon Revised Statutes (ORS) ?.,.?-..178. (The nearest Decision Deadline and prior regularly scheduled City Council date would be August 22, 2022.)* *However, the Assistant City Attorney had counseled staff on January 16, 2018 that an annexation request is not subject to the 120-day deadline for final action per 227.178(8). Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 3 of 56 45 ENININININININIENNINEINEM Annexation Provisions Because the proposal is for annexation, per 5.04 it requires a Type IV review with City Council decision. The applicant submitted application materials on February 14, 2022 and revised and additional materials through April 21, 2022 (excerpted within Attachment 103). 5.04.01 Annexation A. Purpose: The purpose of this Type IV review is to provide a procedure to incorporate contiguous territory into the City in compliance with state requirements,Woodburn Comprehensive Plan,and Woodburn Development Ordinance. B. Mandatory Pre-Application Conference: Prior to requesting annexation to the City, a Pre- Application Conference(Section 4.01.04) is required. ... C. Criteria: 1. Compliance with applicable Woodburn Comprehensive Plan goals and policies regarding annexation. 2. Territory to be annexed shall be contiguous to the City and shall either: a. Link to planned public facilities with adequate capacity to serve existing and future development of the property as indicated by the Woodburn Comprehensive Plan; or b. Guarantee that public facilities have adequate capacity to serve existing and future development of the property. 3. Annexations shall show a demonstrated community need for additional territory and development based on the following considerations: a. Lands designated for residential and community uses should demonstrate substantial conformance to the following: 1) The territory to be annexed should be contiguous to the City on two or more sides; 2) The territory to be annexed should not increase the inventory of buildable land designated on the Comprehensive Plan as Low or Medium Density Residential within the City to more than a 5-year supply; 3) The territory proposed for annexation should reflect the City's goals for directing growth by using public facility capacity that has been funded by the City's capital improvement program; 4) The site is feasible for development and provides either: a) Completion or extension of the arterial/collector street pattern as depicted on the Woodburn Transportation System Plan; or Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 4 of 56 46 b) Connects existing stub streets,or other discontinuous streets,with another public street. 5) Annexed fulfills a substantial unmet community need,that has been identified by the City Council after a public hearing. Examples of community needs include park space and conservation of significant natural or historic resources. b. Lands designated for commercial,industrial and other uses should demonstrate substantial conformance to the following criteria: 1) The proposed use of the territory to be annexed shall be for industrial or other uses providing employment opportunities; 2) The proposed industrial or commercial use of the territory does not require the expansion of infrastructure,additional service capacity,or incentives that are in excess of the costs normally borne by the community for development; 3) The proposed industrial or commercial use of the territory provides an economic opportunity for the City to diversify its economy. D. Procedures: 1. An annexation may be initiated by petition based on the written consent of: a. The owners of more than half of the territory proposed for annexation and more than half of the resident electors within the territory proposed to be annexed; or b. One hundred percent of the owners and fifty percent of the electors within the territory proposed to be annexed; or C. A lesser number of property owners. 2. If an annexation is initiated by property owners of less than half of property to be annexed, after holding a public hearing and if the City Council approves the proposed annexation,the City Council shall call for an election within the territory to be annexed. Otherwise no election on a proposed annexation is required. E. Zoning Designation for Annexed Property: All land annexed to the City shall be designated consistent with the Woodburn Comprehensive Plan,unless an application to re-designate the property is approved as part of the annexation process. F. The timing of public improvements is as follows: 1. Street dedication is required upon annexation. 2. Dedication of public utility easements(PUE) is required upon annexation. 3. Street improvements are required upon development. 4. Connection to the sanitary sewer system is required upon development or septic failure. 5. Connection to the public water system is required upon development or well failure. 6. Connection to the public storm drain system is required upon development. Regarding subsection B., staff hosted the pre-application conference (Pre-App PRE 21-20) on August 12, 2021. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 5 of 56 47 The applicant requests that the City designate the annexed territory with the Residential Single Family (RS) and Public and Semi-Public (P/SP) base zoning districts and the Riparian Corridor and Wetlands Overlay District (RCWOD). Regarding the criteria of subsection C.: 1. The City Comprehensive Plan, Section G. Growth Management and Annexation contains annexation policies on pp. 30-31. The annexation criteria in the WDO already reflect the goals, including efficient City services. First, the territory to be annexed is within the Woodburn Urban Growth Boundary (UGB). The premise of a UGB is to define an area feasible for the City to provide services to greenfield development over approximately 20 years as described in the Comprehensive Plan. So, in this way the annexation of territory within the UGB is consistent with the comp plan. Second, the territory also is adjacent to infrastructure that development can make use of or extend into the territory to develop it: • Roads and street: N. Boones Ferry Road borders to the property to the west, providing a means of access. The property also has a second access by bordering to the south the dead-end of Olympic Street. The annexation legal description and map series include the right-of-way (ROW) adjacent to the site, from the north end south to the south leg of the intersection of N. Boones Ferry Road & Hazelnut Drive. • Transit: Along N. Boones Ferry Road and Olympic Street, the City and other agencies could run transit vehicles. • Potable water, sanitary sewer, and stormwater sewer: These are adjacent or nearby, and as the Public Works Department Directs at the civil engineer plan (CEP) review and public works permit stage, the developer will upgrade and extend them as necessary to provide laterals to the site development and for these upgraded and extended utilities to accommodate the demands of the development. • Other: Other franchise utility providers attend to such utilities as electric power, cable television and internet, natural gas, and cellular wireless telephony, often using existing or extended ROWs. 2. The territory is contiguous to the City. Per the comp plan and with implementation through the WDO, upon development of the territory the City would require Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 6 of 56 48 improvements that guarantee that public facilities have adequate capacity to serve such development. The Public Works Department identified no impediments to serve the development that would not be resolved at the permitting stage, evidenced by the Public Works comments that are Attachment 102A. Second, the Public Works Department, Woodburn Fire District (WFD), and Woodburn School District (WSD) submitted service provider letters (SPLs) as annexation applications require. They are in Attachment 103B. The Public Works one dated September 3, 2020 states: "This letter is to certify that the City of Woodburn has no capacity issue with the public wastewater treatment facility or public water treatment facility. However, the subject property is not adjacent to an existing collection system for water, wastewater or a public storm sewer collection system.The requirements for these collection facilities would still need to be determined.The capacity analysis, design and installation would be the responsibility of the applicant/property owner." Along with the Public Works comments that are Attachment 102A, it appears to Planning Division staff that the Public Works Department has no objection to annexation and that public works can serve the development through typical public improvements by a developer of the territory to be annexed. Additionally, the applicant's narrative (April 21, 2022, pp. 46-47) states: "Water service via a 12-inch-diameter mainline is available at the intersection of Hazelnut Drive and N Boones Ferry Road.This water line is planned to be extended through the community and looped back into an 8-inch-diameter water line at the current stub end of Olympic Street. Stormwater from the project is planned to be routed to internal stormwater facilities. Per the Preliminary Composite Utility Plans (included in Exhibit D) and Preliminary Stormwater Report(Exhibit H), these facilities have capacity to accommodate surface water runoff from the project. Sanitary sewer for the project is planned to be routed to a point of confluence at the south end of the planned extension of Olympic Street, then east and south through the golf course to an existing sanitary sewer mainline within an existing utility easement near the intersection of Troon Avenue and Tukwila Drive.The existing line has the capacity for the planned PUD project and potential future development west of N Boones Ferry Road. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 7 of 56 49 Application to Marion County to extend sanitary sewer utilities within the Exclusive Farm Use (EFU) zone has been previously approved (Administrative Review Case No. 20-027), included as Exhibit L. Plans depicting the sanitary sewer and other planned utilities are included as part of Exhibit D. The Applicant plans to install necessary water, wastewater, stormwater, and other utility facilities needed to serve the project. No obstructions to the orderly provision of public services have been identified by the Applicant or service providers. Additional review and details will be provided prior to permitting of public improvements.These criteria are met." There's no written objection by the Public Works Department to the applicant's narrative. 3. a. Examining the considerations under subsection a. because the Comprehensive Plan land use map designates the territory Low Density Residential and Open Space and Parks, and the territory is to be designated with Residential Single Family (RS) and Public and Semi-Public (P/SP) base zoning districts consistent with both the applicant's request and Comprehensive Plan Policy Table 1: 1) Following ANX 2020-03 Dove Landing PUD west across Boones Ferry Road NE, the territory to be annexed meets the guideline that it "should be contiguous to the City on two or more sides". 2) The applicant's narrative (pp. 47) states: "The Comprehensive Plan Land Use Map designates the territory as a combination of Low Density Residential and Open Space and Parks. Per the City's Housing Needs Analysis adopted December 9, 2019, the territory was included in the Buildable Lands Inventory and had been previously designated Low-Density Residential; therefore, the project helps meet the needs identified within the Housing Needs Analysis and Buildable Lands Inventory. Changes to density or zoning designation are not planned. This petition for annexation represents only a small portion of the residentially designated lands within the UGB.The Housing Needs Analysis states that the future estimated housing need to be provided by single-family detached dwellings, manufactured homes, and mobile homes is 1,563 net new dwellings.The planned 90-lot PUD is planned to provide 5.76 percent of the total needed single-family detached dwellings or slightly more than one year's supply.There is no known oversupply of annexed Low Density Residential lands and the supply of these lands following annexation is not more than a 5-year supply for residential growth." Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 8 of 56 50 Staff concurs. 3) The applicant's narrative (p. 48) states: "The project involves the extension of an existing public street stub from Olympic Street to N Boones Ferry Road and provide for future local street connections to surrounding development.The project is planned to also correct a previous dedication error to accommodate right-of-way for future N Boones Ferry Road widening needs. Utility projects related to this project that increase capacity or serve other developments are part of the City's Capital Improvement Plan." There's no written objection by the Public Works Department to the applicant's narrative. 4) Regarding (a) & (b), the applicant's narrative (p. 48) states: "The territory is feasible for development.The RS-zoned lands are relatively flat former farmland with no obvious physical constraints other than the unnamed North Mill Creek tributary.The territory is adjacent to City utilities and street infrastructure.The annexation includes right-of-way along N Boones Ferry Road. Infrastructure for the project including potable water extends along or under N Boones Ferry Road.The Woodburn Comprehensive Plan addresses the extension of utility infrastructure for the project and its criteria are addressed within this written narrative below.The existing Olympic Street stub is planned to be extended to N Boones Ferry Road.These provisions, required by WDO, are illustrated within the Preliminary Plans (Exhibit D). Additional street stubs are shown to be dedicated for potential future development.These criteria are met." Staff concurs. 5) The applicant asserts (p. 48) that the annexation fulfills a substantial unmet community need by filling the City's housing needs per the City adopted Housing Needs Analysis (December 9, 2019). Because these analyses and findings come before the first public hearing by the Planning Commission, it is yet unknown if annexation fulfills a substantial unmet community need because the City Council has not yet identified such a need. Examples of community needs include park space and conservation of significant natural or historic resources, and the corollary development includes Tracts G & H along the west tributary of Mill Creek that the developer is to improve and dedicate as common area tracts to be owned and maintained by an association such as a homeowners association (HOA). Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 9 of 56 51 No public parkland is proposed, and the applicant's narrative (p. 48) notes, "Public park land, as yet undeveloped, is available for resident use approximately 200 feet from the PUD. The next closest public park, Heritage Park, is located ±2,000 feet from Marion Pointe." The applicant is referring to ANX 2020-03 Dove Landing PUD. Annexation of the subject territory demonstrates substantial conformance with the criteria. Regarding D., the applicant obtained the requisite written consent and such that no election is needed. Regarding E., the applicant confirms the proposal includes no request to amend the Comprehensive Plan land use designation or upon annexation to designate the territory with City base zoning districts other than RS and P/SP. (Pursuant to Comprehensive Plan Policy Table 1, RS and P/SP are each the only zoning district that implements the respective Low Density Residential and Open Space and Parks designations.) Regarding F., the applicant need not address subsection 1. because the territory to be annexed includes adjacent ROW and because the public improvements including ROW and public utility easement (PUE) dedications that F. describes are addressed through development review, i.e. site plan review process, instead of annexation itself. The criteria are met. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 10 of 56 52 Zoning Map Change Provisions Zoning Map Change Provisions 6�4.04 A. Purpose:The purpose of an Owner Initiated Official Zoning Map Change is to provide a procedure tochange the Official Zoning Map,inamanner consistent with the Woodburn Comprehensive Plan. B. Criteria:The following criteria shall be considered in evaluating an Official Zoning Map Change; 1. Demonstrated need for the proposed use and the other permitted uses within the proposed zoning designation. 2. Demonstrated need that the subject property best meets the need relative to other properties in the existing developable land inventory already designated with the same zone considering size, location,configuration,visibility and other significant attributes of the subject property. 3. Demonstration that amendments which significantly affect transportation facilities ensure that allowed land uses are consistent with the function, capacity,and level of service of the facility identified inthe Transportation System Plan.This shall beaccomplished byone ofthe following: a. Limiting allowed land uses to be consistent with the planned function of the transportation facility; or h. Amending the Transportation System Plan to ensure that existing,improved,or new transportation facilities are adequate to support the proposed land uses consistent with the requirement ofthe Transportation Planning Rule; or, C. Altering land use designations,densities,ordesign requirements toreduce demand for automobile travel and meet travel needs through other modes of transportation. Staff interprets this section such that it applies only to rezoning—a change from one City zoning district toanother. Because the zone change proposed through ZC22-O2comes with annexation in order to assign City zoning, and the proposed zoning districts comply with the Comprehensive Plan land use map designations, the criteria are not applicable. Not applicable. Marion Pointe ANX22'O2, PUD22'O2,etc.Staff Report Attachment 102 Page 11of56 53 Riparian Corridor and Wetlands Overlay District (RCWOD) Provisions RCWOD Provisions 2.05.05 Riparian Corridor and Wetlands Overlay District A. Purpose The Riparian Corridor and Wetlands Overlay District (RCWOD) is intended to conserve, protect and enhance significant riparian corridors,wetlands,and undeveloped floodplains in keeping with the goals and policies of the Comprehensive Plan.The RCWOD is further intended to protect and enhance water quality, prevent property damage during floods and storms, limit development activity in designated areas,protect native plant species,maintain and enhance fish and wildlife habitats,and conserve scenic and recreational values. B. Boundaries of the RCWOD 1. The RCWOD includes: a. Riparian corridors extending upland 50 feet from the top of the bank of the main stem of Senecal Creek and Mill Creek and those reaches of their tributaries identified as fish-bearing perennial streams on the Woodburn Wetlands Inventory Map; and b. Significant wetlands identified on the Woodburn Wetlands Inventory Map. Where significant wetlands are located fully or partially within a riparian corridor,the RCWOD shall extend 50 feet from the edge of the wetland; and C. The 100-year floodplain on properties identified as vacant or partly vacant on the 2005 Woodburn Buildable Lands Inventory. 2. The approximate boundaries of the RCWOD are shown on the Zoning Map. The precise boundaries for any particular lot should be verified by the property owner when making a land use application. Map errors may be corrected as provided in this Ordinance(Section 1.02.04). RCWOD applies per subsection B. and mainly aligns with the west tributary of Mill Creek across Tracts C & E and under the golf course, as well as over associated wetlands, and the applicant submitted a legal description and map as the zoning ordinance exhibits to designate the RCWOD. (Incidentally, no other overlay districts from 2.05 apply.) The criteria are met. C. Permitted Uses and activities The following uses and activities are allowed, provided they are designed and constructed to minimize intrusion into the RCWOD: 1. Erosion or flood control measures that have been approved by the Oregon Department of State Lands,the U.S.Army Corps of engineers,or another state or federal regulatory agency 2. Maintenance of existing structures, lawns and gardens 3. Passive recreation uses and activities Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 12 of 56 54 4. Removal of non-native plant species and replacement with native plant species 5. Streets, roads,and paths that are included in an element of the Comprehensive Plan 6. Utilities 7. Water-related and water-dependent uses, including drainage facilities, water and sewer facilities, flood control projects, drainage pumps, public paths, access ways, trails, picnic areas or interpretive and educational displays and overlooks,including benches and outdoor furniture D. Prohibited Uses and Activities 1. New buildings or structures or impervious surfaces, except for replacement of existing structures within the original building footprint 2. Expansion of existing buildings or structures or impervious surfaces 3. Expansion of areas of pre-existing non-native landscaping such as lawn,gardens,etc. 4. Dumping, piling,or disposal of refuse,yard debris,or other material 5. Removal of vegetation except for: a. Uses permitted by this Section b. Perimeter mowing of a wetland for fire protection purposes; C. Water-related or water-dependent uses, provided they are designed and constructed to minimize impact on the existing riparian vegetation; d. Removal of emergent in-channel vegetation that has the potential to cause flooding; e. Hazardous tree removal. 6. Grading, excavation and the placement of fill except for uses permitted by this Section. The site plans illustrate nothing that would conflict. The standards are met. G. Site Plan When a use or activity that requires the issuance of a building permit or approval of a land use application is proposed on a parcel within, or partially within the RCWOD, the property owner shall submit a site plan to scale showing the location of the top-of-bank, 100-year flood elevation, jurisdictional delineation of the wetland boundary approved by the Oregon Department of State Lands (if applicable), riparian setback, existing vegetation, existing and proposed site improvements, topography, and other relevant features. The applicant is conforming to such through land use review site plan sheets, DSL application #63057-GP in review, and DSL approved wetland delineation WD2020-0463, and will factor in the RCWOD through civil engineering plan (CEP) review by the Public Works Department, which comes after land use final decision, for the Olympic Street bridge/culvert/crossing of the west tributary. H. Coordination with the Department of State Lands The Oregon Department of State Lands shall be notified in writing of all applications to the City for development activities, including applications for plan and/or zone amendments, development or building permits,as well as any development proposals by the City that may affect any wetlands,creeks or waterways. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 13 of 56 55 Planning staff notified DSL through the webform form specific to that agency for what became agency case file number WN2020-0690. The criteria are met. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 14 of 56 56 Property Line Adjustment Provisions Property Line Adjustment; Consolidation of Lots A. Purpose: The purpose of this review is to ensure that adjustments to property lines or the consolidation of existing lots and parcels,complies with the standards of this ordinance(Section 2),and State Statutes (ORS Chapters 92 and 209). Property line adjustments and consolidation of lots are allowed in all zones. B. Criteria: 1. Lot area, depth, width, frontage, building setbacks, vehicular access and lot coverage comply with the standards of this ordinance(Sections 2 and 3); 2. Existing easements are accurately reflected; 3. Existing land use and development on the subject property comply with the requirements of prior land use actions; and 4. Buildings and structures abutting the adjusted property lines comply with State building codes and with respect to current occupancy. 5. Property line adjustments are surveyed and monumented to the requirements set forth in State statutes(ORS Chapters 92 and 209)and recorded by the County Surveyor. C. Procedure:The Director shall review and approve the application when it is found that it meets this Ordinance and the State Building Codes. The proposal through PLA 22-02 is to adjust the northerly boundary of Tax Lot 051W06DCO2600 so that the golf course remains on its own lot. Below is an excerpt of land use review Sheet P- 09 with the adjusted tax lot labeled circled in red, and Sheet P-08 shows the adjustment. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 15 of 56 57 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 3 J s 71 as [Y .o.�, W Z ° y 0 �zaaz ao L*Z:) / LU ED CL co � 1 The applicant proposes re-routing some segments of golf cart paths to align with new paths on adjacent subdivision tracts, and the proposal includes no new buildings or building additions on the golf course adjusted lot. The northerly adjusted lot line doesn't come near any existing building, and the City geographic information system (GIS) showed no public easements on the adjusted golf course lot with which the adjustment would interfere. The golf course lot is to be zoned Public/Semi-Public (P/SP) zoning district, which has few development standards per Table 2.04D. There are no minimums for lot area, width, depth, or street frontage. Because the proposal includes no new buildings or building additions, the remainder of the standards in the table are not applicable. The criteria are met. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 16 of 56 58 Subdivision reU^m^nary Approval Provisions ons Subdivision Preliminary Approval Provisions 5.03.10 Subdivision Preliminary Approval A. Purpose: The purpose of a Type U| Subdivision decision is to ensure that the division of properties into 4 or more lots complies with the standards of this Ordinance (Sections 2 and 3). Subdivisions are allowed in all zones, provided the proposal meets applicable standards. B. Criteria: Preliminary approval of a Subdivision shall require compliance with the following: 1. That approval does not impede the future best use ofthe remainder ofthe property under the same ownership or adversely affect the safe and efficient development of the remainder of any adjoining land oraccess thereto. 2. That the proposed development shall beserved with city streets, water, sewer and storm drainage facilities with adequate capacity. 3. That the plan for the development takes into account topography,vegetation and other natural features ofthe site. 4. That adequate measures have been planned toalleviate identified hazards and limitations to development: a. For wetlands these shall bethe measures required by the Division ofState Lands for regulatory wetlands. b. For unstable areas,demonstration that streets and building sites are ongeologically stable soil considering the stress and loads. 6. The preliminary plat complies with all applicable provisions of this Ordinance (Sections 2and 3),except where waived by variance. Because the subdivision is for planned unit development (PUD), which can and does modify VVD[> provisions, the criteria are met through the PUD provisions, including modification by PUD to establish a smaller rninirnurn lot area standard. 0 PUD: Staff further addresses VVD(] and modified subdivision standards below under the Planned Unit Development Provisions section. Marion Pointe ANX22'O2, PUD22'O2,etc.Staff Report Attachment 102 Page 17of56 59 Planned Unit Development Provisions Planned Unit Development Provisions 3.09 The purpose of this Section is to establish the requirements for Planned Unit Developments (PUDs). PUDs allow flexible development standards,unique street cross-sections,and more variety in permitted uses. They are especially appropriate when developing properties with unique topographic, geotechnical, or other constraints. They also encourage innovation and creative approaches for developing land. In exchange for the ability to modify development and use standards, PUDs must provide common open space and enhanced public amenities. PUD is a discretionary land use application type allowing developers to modify WDO provisions— such as getting smaller minimum lot areas and higher residential density — in exchange for a minimum area of open space, minimum common area improvements, and what the City interprets to mean "enhanced public amenities". More to the point, the conditions of approval and the related 200 series of attachments establish PUD development standards and common area improvements. 3.09.01 Allowable Types and Minimum Area of PUDs A. Transfer of Density PUD 1. A Transfer of Density PUD shall consist entirely of property in any residential zone, or in more than one residential zone. A Transfer of Density PUD may only be used to transfer residential density from undevelopable areas of a site (riparian corridor,floodplain,wetlands, unstable soils or slopes)to developable areas of a site,but not to increase the overall number of dwelling units allowed on the site. Note:This development option is often called cluster housing. 2. There is no minimum site area for a Transfer of Density PUD. B. Residential PUD 1. A Residential PUD shall consist entirely of property zoned RS, RM, RSN, RMN, RIS, or P/SP, or in more than one such zone. A PUD is not allowed in the Neighborhood Conservation Overlay District (NCOD). 2. A Residential PUD shall contain a minimum of two acres. C. Mixed-Use PUD 1. A Mixed-Use PUD may consist of property in any zone or zones.A Mixed-Use PUD is not allowed in the Neighborhood Conservation Overlay District(NCOD). 2. A Mixed-Use PUD shall contain a minimum of three acres. The applicant's narrative (April 21, 2022, p. 31) states, "This application involves a 'Residential PUD' with RS and P/SP zoning districts and not a 'Transfer of Density PUD."' The PUD contains at least two acres and territory to be annexed and zoned RS & P/SP. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 18 of 56 60 The provisions are met. 3.09.02 Allowed Uses A. Transfer of Density PUD Single-family dwellings, manufactured dwellings, duplexes, row houses,and multiple-family dwellings shall be allowed in a Transfer of Density PUD. B. Residential PUD Any use allowed in any residential zone shall be allowed in a Residential PUD(see Table 2.02A). No separate Conditional Use process shall be required for any use that is described in the Detailed Development Plan and the project narrative. C. Mixed-Use PUD ... Because the proposal includes no conditional use for the Residential PUD, subsection B isn't applicable. Not applicable. 3.09.03 Density Transfer A. Any PUD may be used to transfer residential density from undevelopable areas of a site (riparian corridor,floodplain,wetlands, unstable soils or slopes)to developable areas of a site. Up to 40 percent of the density may be transferred,except as provided in Sections B through G, below. No more than 100 percent of the density may be transferred. B. If the PUD dedicates to the City or provides an easement for a trail or bike path shown in any adopted City Plan,an additional 20 percent of the density may be transferred. C. If the PUD dedicates to the City property abutting a public park,the Commission may allow up to an additional 20 percent of the density to be transferred,commensurate with the amount and usability of the property dedicated. D. If the improved common area of the PUD is available for use by the public,the Commission may allow up to an additional 10 percent of the density to be transferred,commensurate with the amount and usability of the improved common area.The area must be permanently posted with a sign reading, "This common area is available for use by the public." E. If the PUD plan proposes landscaping or buffering that exceeds the WDO minimum standards by at least 25 percent,the Commission may allow up to an additional 20 percent of the density to be transferred,commensurate with the amount,quality,and variety of the enhanced landscaping or buffering. F. If the PUD plan proposes stormwater mitigation measures that exceed minimum City standards by at least 25 percent,the Commission may allow up to an additional 10 percent of the density to be transferred, upon a recommendation by the Public Works Department. G. If the PUD plan proposes other environmental,sustainability, or architectural enhancements, the Commission may allow up to an additional 10 percent of the density to be transferred, commensurate with the amount, quality,and community benefit of the enhancements. Such enhancements may include, but are not limited to,solar heating or electrical generation, community gardens, public art, mitigation of off-site stormwater,and greywater diversion. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 19 of 56 61 The applicant's narrative skips this section except for subsection A, stating, "The Marion Pointe Residential PUD does not plan the transfer of density as part of the project. These criteria do not apply." Not applicable. 3.09.04 Conceptual Development Plan A. PUDs require both a Conceptual Development Plan and a Detailed Development Plan.These reviews may be accomplished sequentially or as a consolidated review, at the applicant's discretion. B. A Conceptual Development Plan shall include drawings and a narrative describing the surrounding neighborhood,existing site conditions,general development areas,phasing, land uses, building envelopes,architectural theme,landscaping and buffering,streets, bicycle and pedestrian circulation,common areas, utility locations, sign theme,and other information the Director may deem necessary to convey the concept plan. The application materials indicate that the applicant seeks Conceptual Development Plan approval. The provisions are met. 3.09.05 Detailed Development Plan A. PUDs require both a Conceptual Development Plan and a Detailed Development Plan.These reviews may be accomplished sequentially or as a consolidated review, at the applicant's discretion. B. No building,grading, access, or other development permit may be issued until a Detailed Development Plan has been approved for at least one phase of the project. C. Buildings shown on a Detailed Development Plan are exempt from Design Review if they are in substantial conformity to the Detailed Development Plan (see Section 3.07.01.B). D. A Detailed Development Plan shall include drawings and a narrative sufficient to demonstrate compliance with the Conceptual Development Plan and any conditions of approval previously imposed.A Detailed Development Plan shall provide specific information regarding the site layout, architecture,and proposed amenities.A Detailed Development Plan that proposes land uses not in the Conceptual Development Plan or that deviates by more than ten percent from any development standard in the Conceptual Development Plan for any phase,or that does not meet the standards of this Section shall not be approved.The applicant may request that the decision-maker approve such a plan as an amended Conceptual Development Plan. The application materials indicate that the applicant seeks both PUD Conceptual Development Plan and Detailed Development Plan (DDP) approvals. Staff applies a PUD condition, similar to as was done for the Smith Creek PUD (ANX 2017-05), to conform to 5.01.07, the purpose of which is to ensure that the PUD is in substantial conformance with the conditions of the DDP approval. Staff applies a PUD condition for PUD Final Plan Approval process. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 20 of 56 62 3.09.06 Development Standards A PUD is intended to allow flexibility in the development standards of Sections 2.02 through 2.04 and 3.01 through 3.10. The Detailed Development Plan may propose modified standards without a separate Variance.Any standard that is not proposed for modification shall apply to the PUD.The development standards stated below shall not be modified through the PUD process. A. Common area and density shall comply with Table 3.09A. Common Area and Density Standards for Planned Unit Developments Table 3.09A Transfer of Density Residential Mixed-Use Common Four or fewer dwelling units All undevelopable site area Area, Five or more dwelling units, 30 percent of gross site area, including all Minimum or nonresidential uses undevelopable site area 1 Improved Four or fewer dwelling units None Common Area, Five or more dwelling units 100 square feet per dwelling unit Minimum Nonresidential uses None None None Residential Density, Minimum (units per net pursuant to the Comprehensive Plane acre) Residential Density, Maximum (units per net acre) Not specified 4 1. At least one common area shall be sized to accommodate a circle 25 feet in diameter. 2. In residential zones only. There is no minimum for non-residential zones. 3. Child care facility for 13 or more children,group home for six or more persons. 4. The maximum density is determined by setbacks,off-street parking,open space,and other requirements. Pursuant to Comprehensive Plan Policy Table 1, Note(p. 7), allowable densities may be increased through PUD above the maximum(s) of the base zone(s). First, before applying standards from the table, definitions from 1.02 are in order: • "Common area": Not defined. • "Improved common area": Not defined. However, the next section beyond Table 3.09A, which is 3.09.066, states that, "Common areas are deemed improved if they are provided with benches, playground equipment, gazebos, picnic facilities, or similar amenities. Lawn area by itself does not constitute improvement. Trails or paths do not constitute improvement, unless they connect to the public trail system. Common meeting or recreation rooms are deemed to be improved common areas." Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 21 of 56 63 • "Open space, common": "An area, feature, building or other facility within a development which has been dedicated in common to the ownership within the development, or to the public, specifically for the purpose of providing places for recreation, conservation or landscaping, and which is intended for the use of the residents and property owners of the development." • "Open space, usable common": "Common open space, the use of which conforms with use and development guidelines specified by the Woodburn Development Ordinance." It appears that through the table, "common area" describes the same as "open space, common". "Improved common area" could mean the same as "open space, usable common", except that the definition is vague and refers to WDO guidelines and specifications that simply don't exist except for 3.09.0613, so the description in 3.09.0613 stands. Staff concludes that the City through PUD can define the details of what "improved common area" and "similar amenities" mean as standards and require that they be met. Staff concluded the same and acted accordingly for the Smith Creek Development (ANX 2017-05), for example. Second, looking at the applicable standards from the table, they are as follows: Common Area, Minimum: Five 30 percent of gross site area, 30.0% of the subdivision gross or more dwelling units, or including all undevelopable site area is (18.58 acres x 0.3) =5.57 nonresidential uses areal acres 'At least one common area shall The applicant proposes 30% be sized to accommodate a with common area tracts circle 25 feet in diameter. totaling 1.90 acres (10.2% among the 30%) and part of the existing golf course crediting towards the remaining 3.67 acres (19.8%among the 30%) Looking at the 30%common area as a base of 100%, the tracts are 34.1%, and part of the existing golf course credits towards 65.9%of the remaining common area standard. In other words, the vast share of the 30% PUD common area is golf course. Improved Common Area, 100 square feet per dwelling The next section beyond Table Minimum: Five or more unit 3.09A, which is 3.09.06B, dwelling units defines improved common area. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 22 of 56 64 What the applicant proposes on land use review revised Sheets P-31 to P-36 is improved common area, and a PUD condition or conditions recognize or expand these improvements. Residential Density, Maximum Pursuant to the Comprehensive Through Policy Table 1 starting (units per net acre) Plane on plan p. 7, the table has a footnote stating, "Note: ... 2 I residential zones only. Allowable densities may be There is no minimum for non- increased through the residential zones. discretionary planned unit development review process." The proposal does so and proposes at least 7.1 dwelling units (DUs) per net acre. The conditioned development standards acknowledge such. Residential Density, Not specified' The applicant's narrative Maximum (units per net acre) (submitted 4/21/2022, p. 33) 'The maximum density is states that the average lot size determined by setbacks, off- of the 87 house lots of Trillium street parking, open space, and Reserve is 5,920 sq ft. The other requirements. Pursuant resulting density is (43,560/ to Comprehensive Plan Policy 5,920) =7.4 houses (DUs) per Table 1, Note (p. 7), allowable net acre. densities may be increased through PUD above the Additionally, Oregon House Bill maximum(s) of the base (HB) 2001 (2019) and OAR 660- zone(s). 046 took effect that require most cities including Woodburn to allow "middle housing"— duplexes, triplexes, quadplexes, cottage clusters, and townhouses—as follows: (a) All middle housing types in areas zoned for residential use that allow for the development of detached single-family dwellings; and (b)A duplex on each lot or parcel zoned for residential use that allows for the development Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 23 of 56 65 of detached single-family dwellings. The max densities are as follows: • 7.4 DUs per net acre for the proposed 90 houses on 90 lots; and • 46.1 DUs per net acre for the 90 lots to allow a theoretical maximum of four dwellings per lot composed of a combination of houses and middle housing. Note: Accessory dwelling units (ADUs) don't count against max density, and the bulleted maximums exclude the golf course territory. In service of substantial conformance and out of caution, a PUD condition establishes as a development standard min density as a little less than what's proposed, and higher than 7.0, the min density necessary as a city planning rule of thumb to make bus service viable at a frequency of at least once every 30 minutes. Lastly, here staff addresses development standards in lieu of addressing them in the Subdivision Preliminary Approval Provisions section: A PUD condition establishes development standards, each on either modified by PUD or as in the WDO. Because the standards accommodate the proposed subdivision, the proposed subdivision meets them. The provisions are met. B. Improved Common Area 1. Common areas are deemed improved if they are provided with benches, playground equipment,gazebos, picnic facilities,or similar amenities. Lawn area by itself does not constitute improvement.Trails or paths do not constitute improvement, unless they connect to the public trail system. 2. Common meeting or recreation rooms are deemed to be improved common areas. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 24 of 56 66 3. Improved common areas are subject to the performance guarantee provisions of Section 4.02.08. Staff addressed this through 3.09.06A above. C. Streets 1. A PUD shall conform to and,where possible, enhance existing or planned vehicle, pedestrian and bicycle networks,including connections and functionality. Note: See Figures 7-1 (Functional Classification Designations),7-3(Pedestrian Plan), and 7-4(Bicycle Plan) of the Transportation System Plan. 2. All streets shall be public. 3. Boundary and connecting streets shall use the street sections of Section 3.01.04. 4. Internal streets may use the street sections of Section 3.01.04,or the PUD may propose other street sections, provided that the streets: a. conform to the Oregon Fire Code (see Figures 3.04C and 3.04D) b. include sidewalks,and C. are constructed to the specifications of the Public Works Department. D. Parking If a front setback of less than 20 feet is proposed,the requirement of Section 3.05.03 for an improved parking pad for single-family and duplex dwellings may be satisfied by on-street parking or by a common off-street parking lot. E. Signs 1. A PUD may include a sign plan to require a common architectural design and location. 2. The standards of the Mixed Use Village(MUV)zone shall apply to commercial uses in the residential zones of a Mixed-Use PUD. The street improvements as proposed or conditioned meet or exceed 3.01, including Figures 3.01A, C, & G: ......................................................................................................................................................................................................................................................................................................................................................................................................... Connecting Street „ „ ""I Boundary Street Boundary Street Connecting Street •"` peat Internal Street „ r less More than \ Connecting Street 260 feet Property being developed Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 25 of 56 67 Figure 3.01A — Internal, Boundary, and Connecting Streets ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... �� PUBLIC UT'ILIT'Y I Is A "` PUBLIC UTILITY u ry�� ,,,yp d EASEMENT � '� � a4�, EASEMENT 1. „ ., �, S' 7' 10' 10" 7' 5' SIDE LAND 7' TRAVEL TRAVEL 7' LAND SIDE 5' WALK SICAPE PARKING LANE LANE PARKING SCCAPE WALK 5' 34' ROW=60' ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... PUBLIC UTILITY PUBLIC UTILITY EASEMENT' +` /'!"✓J�i�;,° i%//n�;, � a EASEMENT ro 12' 1 6` fi" 6' 12' CENTER 12' 6' 6' 6' 1' SIDE LAND BIKE TRAVEL LEFT TURN TRAVEL BIKE LAND SIDE 5 WALK SCAPE LANE LANE LANE LANE LANE SCA PE WALK 6 Top: Figure 3.01C — Minor Arterial(This applies to N. Boones Ferry Road.) Bottom: Figure 3.01G — Local Residential Street with Parking Both Sides, 60 Foot Right-of-Way(This applies to remaining streets.) Street improvements include wider sidewalks to encouraging walking and accommodate cyclists who feel safer on sidewalk. Staff applies a PUD condition to specify street improvements. 3.09.09 Owners/Tenants Association Any land and structures not dedicated to the public,but reserved for the common use of the owners or tenants,shall be subject to control by an association of owners or tenants. . Staff applies a PUD condition to ensure conformance. 3.09.10 Phasing A. A PUD may be developed in phases, pursuant to Section 5.03.05. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 26 of 56 68 B. Phases shall be functionally self-contained with regard to access,parking, utilities, open spaces,and similar physical features,and capable of occupancy, operation, and maintenance upon completion. C. The phased provision of common areas and improvements shall be roughly proportional to the development of housing and other elements intended for private ownership. D. At least one improved common area sized to accommodate a circle 25 feet in diameter shall be provided with the first phase. There's no phasing. Not applicable. [Other] ORS 92.040(3) sets a 10-year expiration on development approvals in order to help with the issue of entitlement "vesting". It also local governments to set shorter periods, and staff opts to do so in case the project begins to manifest during the 3-year land use approval window but slows down or stops afterwards. Condition SUB-1 sets an ultimate deadline. As an example, were another recession like the Great Recession to occur and lead to a "zombie" project, it would be clear when an apparently dormant project was dead. Staff applies a SUB condition to clarify the issue of"vesting". A geotechnical or "geotech" report is necessary for subdivision improvements. It became necessary for Smith Creek Development building permits, and the master developer happened to have prepared one in keeping with private agreements with homebuilders and so was able to submit it on short notice. Thankfully, the report document no field conditions that needed correction. The Building Official thought Public Works handled Geotech reports, and this item isn't a WDO requirement or a Planning Division policy item. So, staff established a condition that gets the developer to submit a copy prior to the City accepting subdivision improvements. . Staff applies a SUB condition regarding a geotech report. PUD per the opening purpose statement of 3.09 refers to "enhanced public amenities", which along with annexation as interpreted by staff includes upgrades to public works. The Public Works Department asked for what became Condition PUD-PW to reinforce related items with the Public Works comments that are Attachment 102A. Staff mentions annexation again because public facilities, a.k.a. public works, with adequate capacity are an annexation criterion. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 27 of 56 69 Z . Staff applies Condition PUD-PW supporting Public Works Department desires regarding stormwater management. PUD per the opening purpose statement of 3.09 refers to both "enhanced public amenities" and "unique street cross-sections", which staff interprets to include what it considers "upgrades" such as wider sidewalk segments, more street trees, traffic calming in the form of patterned poured concrete crosswalks as subtle visual reinforcement for drivers, and public works as civic art, e.g. more than simply functional sides of the Olympic Street bridge over the tributary of Mill Creek. Staff also accommodates some of the developer's desires, such as to have Tract D in place of an improved street stub, while conditioning a public street easement that secures to the City the right to have a street constructed (by someone other than the present developer). There are also conditions about tree preservation (or fee in-lieu). Staff also notes for the developer, PUD is a tool for getting more lots and more houses than a standard subdivision in order to get greater profit. In exchange, the City gets enhanced public amenities. For example, staff interprets enhanced public amenities to include through easement public access to common area off-street bicycle/pedestrian paths. Another example is improved park land. Z . Staff applies PUD conditions requiring street improvements that meet or exceed the WDO or provide an enhanced public amenity in exchange for meeting a street standard. "Enhanced public amenities" includes common area and "off-street" improvements. Examples are to preserve trees outside ROW, specifying how to apply and remediate the RCWOD, and specifying common area improvements. Staff accommodates some of the developer's desires by requiring common area improvements that are basically the same as what the developer proposed after many discussions with staff, the purpose being to have standards that remain clear to all heading into the final plat stage. Conditions also gain variety in trees, getting more evergreens, establishes a table of standards for off-street bicycle/pedestrian paths, and establishes a table of standards for public easements to secure public access to off-street bicycle/pedestrian paths and allow for future mid-block public utility corridors where and as needed. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 28 of 56 70 Because all proposed common areas are just that — private, not any City/public parkland to be dedicated —there is a condition reiterating that there needs to be maintenance association per WDO 3.09.09. Dove Landing PUD Park Land Improvement Funding As examined in the table above, the developer proposes that the existing golf course meet most of the PUD 30% common area /open space requirement: "30.0%of the subdivision gross area is (18.58 acres x 0.3) =5.57 acres The applicant proposes 30%with common area tracts totaling 1.90 acres (10.2%among the 30%) and part of the existing golf course crediting towards the remaining 3.67 acres (19.8% among the 30%) Looking at the 30%common area as a base of 100%, the tracts are 34.1%, and part of the existing golf course credits towards 65.9%of the remaining common area standard. In other words, the vast share of the 30% PUD common area is golf course." The developer proposes no public parkland. Across Boones Ferry Road to the west is entitled ANX 2020-03 Dove Landing PUD. By conditioning, that developer is dedicating two tracts totaling 8.31 acres of park land and improving it to a degree. Based on input from City officials including the Assistant City Administrator (the de facto parks and recreation director), and premised on improved park land being an "enhanced public amenity" as the 3.09 purpose statement references, a simple way for Mario Pointe PUD to provide "enhanced public amenity" regarding open space is to pay money towards the large amount of park land next door in Dove Landing, this park land being of benefit not only to Dove Landing and Marion Pointe future residents, but also the public. Fee payment involves no Marion Pointe site plan disruption, acknowledges the spatial constraint on Marion Pointe from providing more and public open space because of the existing golf course and the RCWOD, and involves no construction or contractor logistics with which the developer would have to deal. Staff applies a PUD condition requiring the developer to pay a fee to the City towards improvement of the park land within the Dove Landing PUD. Lastly, there is a condition reiterating that there needs to be PUD "Final Plan Approval' per WDO 5.01.07 so that outstanding details are deferred after land use approval, allowing the Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 29 of 56 71 developer to proceed, but also securing between the developer and the City resolution of details before final plat approval by the City. Z . Staff applies PUD conditions requiring common area improvements and public access to some improvements. Relating to annexation and more so PUD, a number of transportation (T) conditions call out modest transportation improvements (or fees in-lieu where conditions of approval allow), all from the • Funding a signal timing study or studies. A factor is that much traffic passes through the already highly trafficked intersection of N. Boones Ferry Road and Oregon Highway 214 (OR 214) to and from 1-5 (Portland and Salem metros). The development being all houses, it would attract households with commuters to and from those metro areas. The developer proposes no traffic mitigation or transportation demand management (TDM), and staff anticipates Planning Commission and City Council to seek the developer doing something about traffic. TSP signal timing study Projects R8, R9, & R11 are readily identifiable and might identify a way to deal with traffic that wouldn't' require construction. They also cost less than a conventional road widening or traffic signal installation. Lastly, with ANX 2020-03 Dove Landing also in review and across the street from the subject development, Trillium Reserve, the condition requires Trillium Reserve to pay a small fraction —35.2% --as a proportionate share of the total cost of the three studies, the idea being that the City Council would approve with conditions both developments and that Dove Landing would be conditioned to pay the remaining 64.8% share, thereby completing the funding of the three signal timing studies. (See below the Remaining Provisions section, under 3.04.05, to the Tables T-A1-1 & 2 for detail about how staff determined the shares based on number of houses.) • Wayfinding signage for people walking and cycling. The basic objective is that if people perceive they can walk and cycle more easily and safely, they'll do so and drive less. This includes being able to see wayfinding signage Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 30 of 56 72 to quell concerns they might have like, "Is that public?", "Can my kids go there?", and "Can I get to Boones Ferry from here?" Based on input from the Assistant City Administrator (the de facto parks and recreation director) about what a wayfinding installation would cost, staff discussions about conditioning of ANX 2019-01 Woodburn Eastside Apartments, and ANX 2019-01 Condition T-13134, staff applies the set figure of$1,500 per installation location. • A bus shelter. The basic objective is that if people perceive they can wait to ride the bus in greater comfort, they'll do so and drive less. PUD per the opening purpose statement of 3.09 refers to "enhanced public amenities", which along with annexation as interpreted by staff includes upgrades to public works. Public facilities, a.k.a. public works, with adequate capacity are an annexation criterion. Both annexation and PUD support the City requiring a bus shelter or fee in-lieu. The fee in-lieu option is practical accommodation of the fact that the City is yet to expand its transit system beyond city limits into the outer urban growth boundary (UGB) area as territory is annexed and developed. However, where development expands, transit generally will follow. Getting a shelter or fee in-lieu now allows the Assistant City Administrator (the de facto transit director) to use an installed shelter or pay to install one when the City extends bus service. This is an enhanced public amenity. Also, a basis is the Transit Plan Update (November 8, 2010): Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 31 of 56 73 Of.Of*0001RUNK Tw;.,,roof IIV*fain Uf, ff Appvc,sNot-d Flmwl VRxj sort .am lw .w�,WfSSWo!M n1w,.w:iuni twWl F�wrvN wmnl uw;W NMDA&wd Specifically, TPU Project 9 "Install New Bus Shelters" on p. 10-11, which states, ""Safe and comfortable passenger amenities are an important element of any successful transit service. As such, bus shelters are recommended ...", and indicates a City bus shelter cost $10,000—in 2010 dollars, which equates to about$12,000 in present dollars. (Note: a separate condition requires a public easement accommodating placement on Tract A along N. Boones Ferry Road of the required shelter. This accommodates later decision by the Assistant City Administrator to install a shelter in the region of the development and identifies a tract along and visible from the major road next to and that serves the development. Clearing a default and readily identifiable space for a shelter enables the enhanced public amenity of a bus shelter.) • Bus stop bicycle parking. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 32 of 56 74 The basic objective is that if people perceive they can walk and cycle more easily and safely as well as wait to ride the bus in greater comfort and without having to mount their bicycles, they'll do so and drive less. Bike parking also is inexpensive. There's a bus stop bike parking fee in-lieu option based on the table below: Table TSP-18. TSP Project 18 TSP Cost Method Description Estimate Evaluate all bus stops $25,000 50 existing bus stops are WTS stops. to verify static bus route information Of these,the Woodburn Memorial Transit signage is visible and Center/Facility already has bike racks,and the DR accessible and that 2019-05 Allison Way Apts.developer will install bike bike racks are parking at Stop 11(along Harvard Drive behind available at major bus Walmart)at a cost of 25,000 by 49=$510.20. stops This leaves 48 stops,and an updated cost of ($25,000-$510.20)/48=$510.20 per bus stop. Second,staff identifies two bus stops,a new one that could be along or on Tract A and the existing nearest one south of the development along N. Boones Ferry Road, both for which no bike parking exists. 2 stops x$510.20=$1,020.40 total. Another factor for staff for all the above bulleted items that are in the TSP is that they reflect the Council's legislative intent for transportation citywide and that the developer constructing them manifests them sooner than if the City managed them as projects. P36 would be less expensive to construct by private labor than the 2019 cost estimate based on City construction at public wages. Projects R8, R9, R11, & P36 would benefit residents traveling between the development and both 1-5 and Woodburn H.S. The wayfinding and transit improvements per Conditions T-BP2, T-T2, &T-T3 serve to provide public facilities to preserve (a) adequate encouragement to walk and cycle more and (b) the ability of the City to extend a bus transit route or routes adequately with signage, a shelter, and bike parking that encourages walking and cycling to the bus. Staff concludes by nothing that together Trillium Reserve and Dove Landing all but constitute the north area within the UGB, and it is necessary with development to obtain infrastructure concurrent with development of the north UGB. Z . Staff applies transportation (T) conditions requiring the construction or funding of transportation improvements. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 33 of 56 75 --------------------------------------------------------------------------------------- Remaining Provisions These are applicable provisions not already addressed in the application type provisions sections above. 4.01.07 Consolidated Applications An applicant may request,in writing,to consolidate applications needed for a single development project. Under a consolidated review,all applications shall be processed following the procedures applicable for the highest type decision requested. It is the express policy of the City that development review not be segmented into discrete parts in a manner that precludes a comprehensive review of the entire development and its cumulative impacts. The proposal is consolidated. 2.07 Special Uses There is no "community club building" (clubhouse). �ii,"P None apply. 3.01 Streets Long-range Planning TSP Figure 6 "Local Street Connectivity Plan" shows street connections into the northeast area of the urban growth boundary (UGB) that includes the subject property: Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 34 of 56 76 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... WoODBURN Jr, d11— u �G t P ' ,i i v 7� I , f 4V 41 FnturaLo,,a L . . Fumre _ aoaawny x, o ,.foo z.aQo a,aoo Feet City 6ouneary -' urban crowm epunaary Local Street Connectivity Plan F°g1fe -J Woodburn,Oregon 6 Nlote Future roadway altginnni are approximate and subjeplto 7ghheF refinement. TSP Figure 6 There are two blue arrows, one each to N. Boones Ferry Road and one from the dead-end of Olympic Way. The two connections—the proposed extension of Olympic Street to N. Boones Ferry Road (as Magnolia Avenue) and the extension of Owl Avenue east from Dove Landing PUD across Boones Ferry Road —conform to Figure 6. 3.02 Utilities & Easements 3.02.01 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. A five-foot wide public utility easement shall be dedicated along each lot line abutting a public street. C.As a condition of approval for development, including property line adjustments, partitions, subdivisions, design reviews,or Planned Unit Developments(PUDs),the Director may require dedication of public utility easements. Planning staff expects the Public Works Department during the final plat stage to ensure that the developer dedicates the minimum streetside PUB, and the preliminary subdivision drawings indicate conformance with 3.02.01B. Regarding 3.02.01A & C, staff applies a PUD condition for additional public easements for public bicycle/pedestrian access and potential mid-block utility corridors. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 35 of 56 77 3.04 Vehicular Access 3.04.03 Driveway Guidelines and Standards B. Joint Access 3. Every joint driveway or access between separate lots shall be established by an access easement and maintenance agreement to the satisfaction of the Director and revocable only with the concurrence of the Director. Z . Staff applies a PUD condition ensuring the subdivision plat will provide for flag lot pole access easements to lessen curb curbs and thereby preserve more room for on-street parking and street trees. 3.04.05 Traffic Impact Analysis A.A Traffic Impact Analysis(TIA) may be required by the Director prior to the approval of a City access permit when the Director estimates a development proposal may generate either 100 or more additional, peak hour trips,or 1,000 or more additional daily trips,within ten years of a development application. The applicant submitted two exhibits as a TIA: the original TIA (February 11, 2022) and an updated TIA (application materials Exhibit G, April 15, 2022). The TIA studied 8 intersections, the northernmost being N. Boones Ferry Road at Crosby Road and the southernmost Boones Ferry Road at Oregon Highway 214 (OR 214)/ Newberg Highway. The traffic modeling distributed 40% of trips generated by development to north of the development (to and past Crosby Road) and 60%to the south. The TIA identified no vehicle trip reduction or transportation demand management (TDM) measures. Below is an image serving as a vicinity map of the intersections: Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 36 of 56 78 ....................................................................................................................................................................................................................................... S ry u35h:r TRIP DISTRIBUTION&ASSIGNMENT Fau_i mmaelhll vp Pi y t Ft^Trips _ F 4 Peak Hou TIA intersection locations map adapted from exhibits As of June 14, 2022, no agency including ODOT responded to notice of hearing with any written comment. Boones Ferry Road& OR 214 • The one studied intersection north of the project is outside the urban growth boundary (LJ GB). • South of the project, BFR & OR 214 is heavily trafficked at peak hours. • Of the studied intersections, the trips that the project would add show that BFR & OR 214 is the most trafficked. • Staff supposes that most of the generated trips are to and from 1-5 (Portland and Salem), the back way to Salem along S. Settlemier Avenue and S. Boones Ferry Road and outer rural roads southwest of Woodburn, and central Woodburn. • The intersection includes a state highway under ODOT control (OR 214). • There are no specific plans in any foreseeable time horizon by ODOT to make major physical changes to the intersection or highway. • It thus seems that the best thing to do is collect money for some kind of transportation improvement somewhere under City control that benefits travel through the intersection, whether directly or indirectly. This leads to Condition T-A1. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 37 of 56 79 Automotive Looking to specific TSP projects, Condition T-A gets money to study the highway. Specifically, Transportation System Plan (TSP) Projects R8, R9, & R11 relate to traffic signal timing on three highway intersections east of 1-5. (The City already conditioned DR 2019-05 Allison Way Apartments with funding R10.) This condition has a proportionate fair share based on the following logic that these two tables show: Table T-A-1 Case file no. Development Name Dwelling Units Percentage ANX 22-02 Marion Pointe 87* 35.2% ANX 2020-03 Dove Landing 166 64.8% tot. 253* 100.0% *The proportionate share ratios were determined when the proposal was ANX 2020-01 Trillium Reserve with 90 dwellings and the total of both developments was 256, and ANX 2020-03 is entitled and conditioned at the 64.8% payment based on these earlier, higher numbers. For simplicity, staff is keeping the remaining 35.2% and applying it to Marion Pointe though 87 lots so that the total remains 100%. Staff notes that together Marion Pointe and Dove Landing all but constitute the north area within the UGB. Table T-A-2 TSP Project No. Cost Estimate Proportionate Shares Marion Dove Pointe Landing R8 $15,000 R9 $15,000 R11 $15,000 tot. $45,000: 35.2% 64.8% $15,840 $29,160 Staff applies Condition T-A. Bicycle/Pedestrian & Transit In the interest of PUD per the purpose statement that opens 3.09 of providing enhanced public amenities, below are comprehensive plan policies that relate to infrastructure upgrades, enhanced public amenities, and improved traveling for those who walk, cycle, and ride transit. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 38 of 56 80 Policy Page No. What Related Conditions Address G-1.1 27 Expansion areas of the City are served by adequate public facilities and services. H-1.1 33 Develop an expanded intracity bus transit system that provides added service and route coverage to improve the mobility and accessibility of the transportation disadvantaged and to attract traditional auto users to use the system—specifically by conditioning construction and/or fees to add a bus shelter and bus stop bicycle parking. H-1.3 34 Develop a low stress network of bicycle lanes and routes that link major activity centers such as residential neighborhoods, schools, parks, commercial areas and employment centers. Identify off-street facilities in City greenway and park areas. Ensure all new or improved collector and arterial streets are constructed with bicycle lanes—specifically duly requiring frontage/street improvements and also conditioning wide sidewalk segments as a public bicycle/pedestrian path and planter strip segments that are wider and/or have more street trees than standard. The subdivision connection path through Tract C also serves. H-1.4 34 Develop a comprehensive network of sidewalks and off-street pathways. Identify key connections to improve pedestrian mobility within neighborhoods and link residential areas to schools, parks, places of employment and commercial areas. Ensure all new collector and arterial streets are constructed with sidewalks. Specifically, to do so by duly requiring frontage/street improvements, conditioning wide sidewalk segments as a public bicycle/pedestrian path and planter strip segments that are wider and/or have more street trees than standard, having the proposed Tract C subdivision connection path, and having some common area bike parking. These are all to raise the attractiveness, ease, safety, and potential cyclists' perception of safety of cycling. H-1.5 34 Maintain adequate intersection and roadway capacity on the key east-west and norths south arterials, in this case OR 214 through Condition T-A1. H-3.2 35 Implement strategies to address pedestrian and bicycle safety issues, specifically for travel to and from local schools, commercial areas, and major activity centers—through Conditions T-13131 (the part about Project P36) &T-13132. H-5.1 35 Implement,where appropriate, a range of potential Transportation Demand Management (TDM) strategies that can be used to improve the efficiency of the transportation system by shifting single-occupant vehicle trips to other models and reducing automobile reliance at times of peak traffic volumes— specifically through Conditions T-13131,T-13132,T-T2, &T-T3. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 39 of 56 81 For these transportation reasons and based on the PUD, staff applies bicycle/pedestrian (T-BIP) conditions. Additional Issues: Transit Presently, the Woodburn Transit System (WTS) bus loops through east, central, and west Woodburn, but is yet to reach into the north UGB area: ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... lam,; a pppp 7µ r; �r "1 d",,. i__"'1 '" s---------WOODBURN k E. Tnnu� .n-} Pinn I]pd., 1 F _ r 1 P 1 Y yJ tln T�n.rtSlp � �;" F ^�^�^�^ NVoodbnrtGry Trenslt Loop 71— ♦. .. 4a C-byA T l(CATi^SWp, -'-. --_ me _-------_..r`. C byA T--1(CAT)R.— ! a .....,... ...; GR CM1 1 T nslS�t f .DOW 1 � i .. Ch -bTamlSt Routes ! � 6 1000 200 30 M PerkN Rde Lof� Ciry Boundary Existing Transit Routes and Facilities Figure J U� G—ih en,inda,y Woodburn,Oregon 7 TSP Figure 7(2019) Neither do Salem-Keizer Cherriots nor Canby Area Transit (CAT) serve it. Staff discussed conditioning fees towards local and regional bus service and vanpooling, similar as for DR 2019- 05 Allison Way Apartments (Condition T-T) and ANX 2019-01 Woodburn Eastside Apartments (recommended Condition T-T1). The Assistant City Administrator declined to support such for Trillium Reserve. Conditions T-T2 &T-T3 require a bus shelter or fee in-lieu and bicycle parking at two bus stops or fee(s) in-lieu. As a concluding summary, City objectives are for the development to contribute towards the objectives of: • Increasing walking and cycling appeal and safety • Bus shelter installation or purchase • Installation of bicycle parking where bus stops lack it, and • Dealing with traffic along OR 214 near 1-5. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 40 of 56 82 To address transportation problems, staff applies transportation (T) conditions. 3.06 Landscaping 3.06.02 General Requirements Staff expects the development to meet this section except where otherwise conditioned and will confirm such during PUD Final Plan Approval process. The requirement is met. 3.06.03 Landscaping Standards A. Street Trees The applicant proposes street trees that appear to meet the provisions. Z . To secure a higher minimum amount of street trees, staff applies a PUD condition. Staff expects the development to meet the remainder of 3.06 except where otherwise conditioned. 3.06.05 Significant Trees on Private Property There are two Significant Trees that are healthy and structurally sound enough and appear feasible to save, as well as a number of additional mature trees in a row along the road. However, the application materials including an Exhibit M arborist memo dated February 11, 2022 make a plausible case that removal of Tree 12610 (a 64-inch diameter Douglas-fir), as well as a grove of trees (Douglas-firs of 6-18 inches diameter) along the Boones Ferry Road east side near the NE corner of the road and Hazelnut Drive, are inevitable to construct Boones Ferry Road east half-street improvements, and for Significant Tree 13296 near the rear lot line of Lot 65, an arborist can and will advise at the time of lot site planning and building of a dwelling about preservation before staff confirms whether this tree must remain or the developer can remove. Staff applies conditions that allow for removal with fee in lieu of preservation to fund tree plantings elsewhere in town. To secure tree preservation or fee in-lieu, staff applies a PUD condition. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 41 of 56 83 Recommended Conditions of Approval Staff recommends approval of the consolidated applications based on the findings in the staff report and attachments, which are incorporated by this reference, as well as applying the following conditions of approval: General G1. By and 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 by the Building Division. 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 3.01.02 and 4.02.12 through Ordinance No. 2603 (LA 21-02) unless if and where a condition of approval has more restrictive timing. b. Where changes to street addresses are necessary, the developer shall apply through the Planning Division for and obtain approval of anAddress ssu„g I r„rI-I! � s . This is due prior to building permit application, and if property line adjustment or lot consolidation were to become relevant, then also after recordation with County. G5. Recordation due dates: The applicant shall apply to the County for recordations of items that the City requires no later than six (6) months prior to expiration of the land use approval as WDO 4.02.04B establishes, and shall complete recordations no later than three years past the land use "final decision” date. The due date to complete recordations shall not supersede when recordations are due relative to the building permit stage. G6. Fees: The developer shall pay fees per Attachment 205, and fees in-lieu shall be per WDO 4.02.12 through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 42 of 56 84 G7. Demolition: Because the City through the Building Division now requires.de„...-.n.o,I,,u,„t„u,or.-I„ .".. ..u. s, upon annexation and before beginning to demolish buildings or structures or demolishing more of them, consult the Permit Technician and apply for and obtain a permit or permits as applicable. G8. WDO version: Upon annexation, conformance to the Woodburn Development Ordinance (WDO) and conditions of approval references to the WDO shall be to the WDO as amended by Ordinance No. 2603 (Legislative Amendment LA 21-02) adopted June 13, 2022. G-PW. Public Works: Follow the appended PW comments (June 16, 2022); Attachment 102A). Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 43 of 56 85 Preliminary Subdivision 22-03 SUB-1. Expiration: Based on ORS 92.040(3), development per the Council land use final decision may continue 3 years past the decision date, the 3-year approval period being established by WDO 4.02.04 through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022, and as follows: a. Final Plat: The developer shall apply to the City prior to applying to Marion County for recordation. Owl extending east across BFR from Dove Landing PUD to Nightingale shall continue its name. b. Recordation with Marion County: Same as WDO 5.01.06C.1. (within 30 calendar days of the Director's signature on the plat Mylar). c. Vesting: The decision is vested unless: (1) The developer fails to meet subdivision and PUD requirements, resulting in the City being unable to authorize staff to sign a final plat Mylar by July 1, 2027; or (2) There is no substantial construction —as defined in 1.02 through Ordinance No. 2603 (LA 21-02) — by July 1, 2032. SUB-2. Documents: a. Geotech report: Prior to final plat approval by the City, the developer shall submit to the Director a geotechnical report documenting that, whether or not the developer spreads any fill or spoil dirt across lots and tracts, soil is compacted and ready to accommodate the construction of buildings on lots and tracts proposed for development. b. Easements: WDO 2.01.05A through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022 shall be applicable, and follow Attachments 102A (Public Works) and 203, Part D. c. Plat: Upon recordation, the developer shall submit to PW and cc the Director copies of recorded documents per WDO 2.01.05 through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 44 of 56 86 Planned Unit Development 22-02 PUD-PW. Stormwater management: Prior to civil engineering plan approval through CEP review, the applicant shall provide an Engineer Stamped Storm Drainage Hydraulic Analysis Report that existing private storm drainage systems have capacity to handle the additional flow from the Marion Pointe and ANX 2020-03 Dove Landing Planned Unit Developments (PUDs), and that the culvert/pipe under Olympic Street has capacity to handle a 100 year base flood event, and to provide a final 100 year floodway, floodplain, and wetland delineation for this development. The applicant is responsible for correcting any capacity deficiencies, including installing new or additional drainage systems, and/or attaining the right to increase stormwater flows into neighboring private stormwater systems. PUD-1. Mods: The City approves PUD modifications only as written in conditions of approval and the 200 series of attachments, particularly Attachment 202. Other modifications that site plans imply are subject to later administrative approval or denial by the Director. PUD-2. a. ROWs: For BFR and the proposed local class streets, the developer shall dedicate ROWs that meet or exceed the min widths necessary to conform to WDO Figures 3.01C & G. b. PUEs: The developer shall grant streetside PUEs that meet or exceed the min width and do not exceed the max per WDO 3.02.01 through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022. PUD-3. Frontage/street improvements: These shall be as follows: a. BFR: Per WDO Fig. 3.01C except that planter strip shall be min 6% ft wide inc. curb width. b. Olympic: Bridge or culvert crossing over Mill Creek tributary: Per WDO 3.01.03H through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022, and: (1) Elevation: Shall be such that the travel way and parking lanes wouldn't flood during the 100-year flood. (2) Sidewalks: min width 9 ft inc. curbing. (3) Fencing/railings: Permissible colors are blue, bronze, brown, green, teal, metal, and rust color. (Black prohibited.) (4) Design details are deferred to PUD Final Plan Approval process; refer to Condition PUD-11. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 45 of 56 87 c. Tract D: The developer shall grant to the City over the entire tract a public street easement. The easement shall allow for all purposes permitted by what would have been ROW dedication including construction of street improvements. One or more legal instruments that dedicates the easement shall contain text that the easement is revocable only with the written concurrence of both the Community Development Director and Public Works Director and by City Council action. (The objective is to have maintenance responsibility remain with a party other than the City.) d. Hazelnut: Per WDO Fig. 3.01G, except that the territory contiguous with Tax Lots 051W06DC00201 & 300, which is occupied by Hazelnut, shall be dedicated to the City as ROW. (Note: To not meet this condition part would require modification of condition [MOC] application and approval per WDO 4.02.07.) e. Planter strip remainder: Landscape the remainder area —the area remaining after street tree plantings— per WDO 3.01.0413 through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022. f. Sidewalks: Min 6 ft wide except wider as Exhibit PUD-3f supersedes. BFR sidewalk southerly and two northerly dead-ends shall have ADA-compliant transitions spanning between sidewalk and road shoulder as the applicable public works authority specifies. The segment extending north from Hazelnut sidewalk may meander, including PUE overlap, and taper to 6 ft through RPZs to save most of the loose row of trees along the road. ..................................................................................................................................................................................................................................................................................................................................................................................................................................... �4 NO= a i' d I ,� as r �T�. 7� m 6 F w Q O I' �gaZ W0'm J W G dyl 3 E _ c� P-26 Exhibit PUD-3f.• Site Plan Sheet P-26 Sidewalks(blue:min 8 ft wide);see Attachment 103 for full size Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 46 of 56 88 g. Overlap: The extra width of planter strip and sidewalk shall either(1) overlap outside ROW into streetside PUE and come with a recorded legal instrument granting public access to the overlap to the satisfaction of the Public Works Director, or (2) come with additional ROW to accommodate them. Wider sidewalks shall not narrow planter strips. h. Street trees: (1) Min numbers equal to block frontage ratios per Exhibit PUD-3h: L 47 r @ T 9 'P �.4g 6,g 59 exru w+a Iral 4 m 3 r�w 9 m 43 �9 ._1, l�APVT Sin f = % pk�Aq N. � vmarvw�rnmrn ��I r � wa auxn '91 35 3y I 18 o� t f 9a r , o¢nxo drwws rev m e`u VmM 32 3/ 9 2Y 3 C ' b Exhibit PUD-3h: Site Plan Sheet P-31 Street Tree Min No. (green: equal to 1 tree per 30 ft of block frontage) (2) Along Magnolia, revise street trees from Capital pear to Magnolia grandiflora "Victoria" cultivar. (3) Fee in-lieu shall be per Attachment 205. (4) Landscape strips and street trees shall conform to WDO 3.01.04B (landscaping, irrigation) and 3.06.03A.3 (root barriers) through Ordinance 2603. i. Electric power lines: Electric power lines, whether in or beyond ROW, shall be buried. j. Traffic calming: A min number of pedestrian crossings along intersection legs shall be patterned poured concrete each min 8 ft wide: (1) Magnolia & Nightingale, 3 legs: N/NE, E/SE, & S/SW; and (2) Magnolia & Olympic: 2-3 legs: S/SW & whichever one or both of the E/SE or W/NW legs that would have a curb ramp along the top of the "T" of the T-intersection. PUD-4. Streets, dead-end: Barricades/Signage: Based on WDO 3.01.05A.2b & c, the developer shall place: Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 47 of 56 89 a. A barricade with sign at the south end of Nightingale; and b. A barricade at each of the north end of Nightingale the east end of Magnolia. Consult PW for a barricade detail, and no later than CEP show both it and a modified version with a sign in conformance with 3.01.05A.2c. PUD-5. Tree preservation: The developer shall preserve trees per Attachment 204 or pay removal fees per Attachment 205. PUD-6. RCWOD designation: The developer shall through zone change ordinance exhibits apply not only the base zoning districts consistent with the Comprehensive Plan but also the RCWOD that WDO 2.05.05 describes to the applicable areas within Tracts C & E and where the applicable area overlaps the golf course lot. PUD-7. Environmental remediation: The developer shall remediate per Attachment 204, Part C. PUD-8. Lot and tract development standards: The standards shall be per Attachment 202. PUD-9. Common area improvements: Improvements shall be per Attachment 203. PUD-10. Association: The developer shall establish an association/HOA per Attachment 203, Part E. PUD-11. PUD Final Plan Approval Process: a. The developer shall conform to WDO 5.01.07, the purpose of which is to ensure that the PUD is in substantial conformance with the conditions of the PUD Detailed Development Plan (DDP) approval, including regarding street improvements, public improvements outside ROW if any, and common area improvements. The developer shall apply to the Director for PUD Final Plan Approval no later than when applying to PW for CEP review. b. Scope: The scope of DDP includes any topic for which any given final decision condition of approval, and any separate document it might reference, is too general to establish civil engineering standards and construction levels of detail. It also includes any topic or situation for which no standard exists through previous adoption by PW. The Final Plan Approval process is to establish any and all design details deferred from land use review. c. CEP: The developer shall incorporate a PUD Final Plan Approval by the Director into CEP review by PW and the civil engineering plan set that PW would approve through CEP. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 48 of 56 90 PUD-12. Construction access: Construction access is prohibited from and to Olympic. If public works construction code standards necessary for PW to administer this condition are absent, the Public Works Director may administratively through a PW permit process establish details, specifications, and revisions to administer including regarding time, place, manner, and temporary signage directing traffic. PUD-13. Dove Landing park improvements: The developer shall pay a fee per Attachment 205 towards improvement of the public park land within the Dove Landing PUD, which is west across BFR. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 49 of 56 91 Planned Unit Development 22-02: Transportation T-A. BFR & (]R214: The developer shall pay towards TSP signal timing studies oracombined study per Attachment 2O5. [TSP R8, R9, & R11, p. 32asAttachment 1O4A] T-BP. VVavfinding: Tofurther TDM, the developer shall doone ofthe following: a. Install 3 min devices, such as signage, that provide vvavfindingto bicycle routes, multi- use paths, parks, schools, and other essential destinations. |fthe developer were toopt for signage and assuming pole signage, sign face min dimensions shall be 2 ft by 1 ft and the placements shall be min: (1) 1 installation of 1 face along Tract A Magnolia frontage; (2) 1 installation of 2 faces at or near the intersection of BFR & Owl and along Tract H; (3) 1 installation of 2 faces at or near the intersection of BFR & Magnolia and near Tract |; Note: The developer may mimic the typical vvavfindingpermemo |NT22-O6O8. b. Pay afee in-lieu per Attachment 2O5. [TSP 84O "vvavfindino"/P6Z] T-T1. Bus shelter: To further TDM through bus transit, the developer shall provide for a bus shelter byeither (a) installing ashelter tothe specs per noenooINT 22-O6O9 or (b) paying afee in-lieu per Attachment 2O5. [TPU 91 T-T2. Bus stop bicycle parking: Tofurther TDM through bus transit, the developer shall ateach of the following locations provide for bicycle parking by either (1) installing a bicycle rack to the specs spedfiednoenooINT 22-O6O9or (2) paying afee in-lieu per Attachment 205: a. BFR along Tract H; and b. BFR northbound adjacent to Tax Lot 051W07BA01300 (2348 N. Boones Ferry Rd). [TSP T18l T-T3. Bus transit fee: To further transportation demand management (TDM) through bus transit, the developer shall pay abus transit fee per Attachment 2O5. Marion Pointe ANX22'O2, PUD22'O2,etc.Staff Report Attachment 102 Page 5Oof56 92 Applicant Identity Applicant Holt Group Holdings, LLC Applicant's Rand Waltz, Project Manager, AKS Engineering & Forestry, LLC(Tualatin office) Representative Landowner(s) Tukwila Partners; and Oregon Golf Association c/o Members Club Inc. 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. 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 <ht / , „ „ , ,,,,,;, ,,,,, , „;a„ „;,,,,,,,/,p,�„ ,;;,, „,;, '„; ,x Use it to check on the status of a recordation request to the County. City staff does not track County plat recordation. 7. Technical standards: a. Context: A reader shall not construe a land use condition of approval that reiterates a City technical standard, such as a PW standard, to exclude remaining standards or to assert that conditions of approval should have reiterated every standard the City has in order for those standards to be met. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 51 of 56 93 b. Utilities: A condition involving altered or additional sidewalk or other frontage/street improvement that would in the field result in displacement or relocation of any of utility boxes, cabinets, vaults, or vault covers does not exempt the developer from having to move or pay to move any of these as directed by the City Engineer and with guidance from franchise utilities. 8. 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. 9. Inspection: The applicant shall construct, install, or plant all improvements, including landscaping, prior to City staff verification. Contact Planning Division staff at least three (3) City business days prior to a desired date of planning and zoning inspection of site improvements. This is required and separate from and in addition to the usual building code and fire and life safety inspections. Note that Planning staff are not primarily inspectors, do not have the nearly immediate availability of building inspectors, and are not bound by any building inspector's schedule or general contractor convenience. 10. Stormwater management: The storm sewer system and any required on-site detention for the development must comply with the City Storm Water Management Plan, Public Works storm water practices and the Storm Drainage Master Plan. 11. Public Works Review: Staff performs final review of the civil plans during the building permit stage. Public infrastructure must be constructed in accordance with plans approved by the City,as well as current Public Works construction s„la�W�:ufucations, Standard C�rawuing.. S��a��)ra��„ Peta_u_I„s, and general conditions of a permit type issued by the Public Works Department. 12. ROW: a. Dedication: The Public Works Department Engineering Division has document templates for ROW and easement dedications that applicants are to use. ROW — and public utility easement (PUE) —dedications are due prior to building permit issuance per Public Works policy. b. Work: All work within the public ROWs or easements within City jurisdiction must require plan approval and permit issuance from the Public Works Department. All public Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 52 of 56 94 improvements construction work must be performed in accordance with the plans stamped "approved" by the City, and comply with the City's Standard Specifications and Standard drawings. 13. Franchises: The applicant provides for the installation of all franchised utilities in any required easements. 14. Water: All water mains and appurtenances must comply with Public Works, Building Division, and Woodburn Fire District requirements. Existing water services lines that are not going to be use with this new development must be abandoned at the main line. The City performs required abandonment of existing water facilities at the water main with payment by the property owner. All taps to existing water mains must be done by a "Hot Tap" method and by approved City of Woodburn Contractors. The applicant shall install the proper type of backflow preventer for all domestic, lawn irrigation and fire sprinkler services. The backflow devices and meters shall be located near the city water main within an easement, unless approved otherwise by Public Works. Contact Byron Brooks, City of Woodburn Water Superintendent,for proper type and installation requirements of the backflow device at(503) 982-5380. 15. Grease Interceptor/Trap: If applicable, a grease trap would need to be installed on the sanitary service, either as a central unit or in a communal kitchen/food preparation area. Contact Marion County Plumbing Department for permit and installation requirements, (503) 588-5147. 16. Fire: Fire protection requirements must comply with Woodburn Fire District standards and requirements, including how the District interprets and applies Oregon Fire Code(OFC). Place fire hydrants within the public ROW or public utility easement and construct them in accordance with Public Works Department requirements, specifications, standards, and permit requirements. Fire protection access, fire hydrant locations and fire protection issues must comply with current fire codes and Woodburn Fire District standards. See City of Woodburn Standard Detail No. 5070-2 Fire Vault. The fire vault must be placed within the public right-of-way or public utility easement. 17. SDCs: The developer pays System Development Charges prior to building permit issuance. Staff will determine the water, sewer, storm and parks SDCs after the developer provides a complete Public Works Commercial/Industrial Development information sheet. 18. Public Improvements Civil Plan Review: The process by which to receive, review,and approve drawings and other documents related to public improvements required by these conditions of approval may be paired with or incorporated into building permit review, or, if directed by the City Engineer, through a civil engineering plans (CEP) review process led by the Engineering Division. If opting for CEP,the applicant shall not only follow the direction of the Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 53 of 56 95 Engineer Division, but also take some actions to facilitate tracking by Planning staff and coordination with Engineering: a. Cover letter: Upon submitting application to the Engineering Division, simultaneously alert the Planning Division through a cover letter to the attention of the Planning Division referencing the intended or, if known, actual submittal date as well as the project name, project phase, tax lot number(s), street address(es), and the land use/ planning/zoning final decision conditions of approval that require the public improvement that is the subject of the civil engineering plans. Referencing conditions may be by quotation or citing the identification numbers (e.g., T-A1). Identify the specific sheet (by number) or document page number that illustrates or notes how each subpart of a condition is met. b. Contact information: State the applicant's name, company, phone number, e-mail, and desired date for City staff to respond with review comments. The cover letter may include these. c. Plan copies: Submit to the attention of the Planning Division at least two plan size copies of plan sets (24 by 36 inches). Within the cover sheet title block(s), include the phrase "civil engineering plans" or "public improvements civil plans". Submit also Adobe PDFs using a fileshare service. d. Re-submittal fee: If there are multiple re-submittals, beginning with a third submittal / second revised submittal and continuing with each subsequent submittal, the applicant must pay through the Planning Division into City general revenue a fee of$100. Where public improvements involve the jurisdiction of an outside agency such as the Oregon Department of Transportation (ODOT),the developer must account for that when interacting with the City Engineer and City Public Works Department process. 19. PUD Final Plan (FP) Approval Process: A. Context and project management: 1. The process by which to receive, review, and approve drawings and other documents related to public improvements required by these conditions of approval may be paired with or incorporated into building permit review, or, if directed by the City Engineer, through a civil engineering plans (CEP) review process led by PW. 2. CEP remains the means for implementing final decision conditions of approval affecting street improvements, both surface and underground, and extending into PUEs. 3. The developer is project manager. Because PW establishes that CEP applicants have a single point of contact termed the "Engineer of Record", the developer manages the engineer of record who handles the CEP and also interacts with the Planning Division regarding FP review. For Planning Division staff, the developer is the point of contact, namely whoever on the developer's team the developer tasks with being the project manager. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 54 of 56 96 4. The developer shall be completely responsible for integrating staff directions found in FP documents issued by Planning Division staff into civil engineering plans that the engineering of record submits to PW. 5. If, when, and where conflicting directions arise between FP directions and CEP directions, the developer shall be responsible for communicating with formal cover or transmittal letters messages from the conflicting division to the other division, and shall communicate such. 6. The Planning Division observes the CEP for other projects has come after land use final decision and before the building permit stage. Except where otherwise conditioned, it's up to the developer to determine when to submit for CEP and PUD Final Plan relative to each other to best meet this "context and project management" condition. B. PUD Final Plan review scope and result: 1. The scope of FP review includes any topic for which any given final decision condition of approval, and any separate document it might reference, is too general to establish civil engineering standards and construction levels of detail. It also includes any topic or situation for which no standard exists through previous adoption by PW or, where applicable, parks and recreation staff. It includes, as examples, pavement, game and sports courts and fields, buildings including pre- fabricated ones, playgrounds and other structures including pre-fabricated ones, exterior lights, landscaping, signage, and appurtenances such as benches, bicycle parking, dog waste stations, ornamental fountains, and water fountains, as well as materials, textures, colors, and model specifications. (Although in or partially in ROW, a bus shelter or shelters are to be subject to FP instead of CEP based on PW preference, unless PW were to direct the engineer of record to include such in CEP scope.) 2. There shall result an official version of a civil engineering plan set marked approved by PW that shows all common area improvements and all public improvements, including off-street public improvements, resulting from both FP review and CEP. It shall come to be prior to building permit application; however, PW is prohibited from approving any time prior to the developer paying conditioned fees related to CEP Planning Division review. C. Submittal directions FP review: 1. Due date: For CEP, none other than what PW might specify. For FP, original / 1St submittal is due whichever occurs earlier: When the developer applies for either CEP or final plat application to the City. 2. Cover letter: Upon submitting CEP application to PW, simultaneously alert the Planning Division through a cover letter to the attention of the Planning Division referencing the intended or, if known, actual submittal date as well as the project name, tax lot number(s), street address(es), and the land use final decision conditions Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 55 of 56 97 of approval that require the public improvements that ares the subject of the civil engineering plans. Referencing conditions may be by quotation or citing the identification numbers (e.g., T-A1). Identify the specific sheet (by number) or document page number that illustrates or notes how each part of a condition is met. 3. Contact information: State the applicant's name, company, phone number, e-mail, and desired date for City staff to respond with review comments. The cover letter to the Planning Division may include these. The developer may submit to the Planning Division a copy of the stamped CEP application form submitted to PW if the form includes the required information. D. Site Plans: For CEP Planning Division review and FP: 1. CEP: Submit to the attention of the Planning Division at least 2 plan size copies of plan sets, one plotted at native scale (min 22 by 34 inches, max 24 by 36) and one at ledger (11 by 17). Within the cover sheet title block(s), include the anticipated date of submittal and the phrase "civil engineering plans", "civil plans for CEP", or "public improvements civil plans". 2. FP: Submit to the attention of the Planning Division at least 6 plan size copies of plan sets, 3 plotted at native scale (min 22 by 34 inches, max 24 by 36) and 3 at ledger (11 by 17). Within the cover sheet title block(s), include the anticipated date of submittal. 3. Both: Fold the plan size sets if thin enough to do so. Submit also Adobe PDFs using a fileshare service. Marion Pointe ANX 22-02, PUD 22-02,etc.Staff Report Attachment 102 Page 56 of 56 98 s r ✓n xxw t T it B0 N 1ncor p ore,rtc d .88' Public Works Comments ANX 22-02 Marion Pointe PUD _ Land Use Application June 15, 2022 A. CONDITIONS OF LAND USE APPROVAL: 1. The Applicant, not the City, is responsible for obtaining any necessary permits from the State, Marion County, Oregon Division of State Lands, US Army Corps of Engineering and/or federal agencies that may require such permit or approval for the construction of this development. 2. Applicant to obtain necessary approvals/permits from Marion County for proposed improvements to N Boones Ferry Road that will continue to be under Marion County jurisdiction. 3. The Applicant is responsible for obtaining permit/approval/agreement from applicable property owners for the conveyance and maintenance of the storm water drainage from the Marion Pointe PUD into the existing storm drainage system located on current tax lot 051 W06D000502 and tax lot 051 W06D000501. 4. Applicant to provide a final Engineer stamped storm drainage hydraulic analysis report for detention and conveyance system. The storm drainage hydraulic analysis shall comply with Marion County, Oregon Division of State Lands, US Army Corps of Engineering and City's requirements, as applicable. Applicant is responsible for correcting/upgrading any existing storm drainage capacity deficiencies, including upgrading private storm drainage systems or installing a new drainage system as per City's requirements and per approved Storm Drainage Hydraulic Analysis Report. 5. Prior to civil engineering plan approval the applicant shall provide a final Engineer Stamped Storm Drainage Hydraulic Analysis Report that existing private storm drainage systems have capacity to handle the additional flow from the Marion Pointe and ANX 2020- 03 Dove Landing Planned Unit Developments (PUDs), and that the culvert/pipe under Olympic Street has capacity to handle a 100 year base flood event, and to provide a final 100 year floodway, floodplain, and wetland delineation for this development. The applicant is responsible for correcting any capacity deficiencies, including installing new or additional drainage systems, and/or attaining the right to increase stormwater flows into neighboring private stormwater systems. 6. Applicant is responsible for obtaining approval from the Woodburn Fire District for dead- end turnarounds requirements for streets and private share access. Buncherry Drive north end and all proposed private share access. ..........R............. . .11111115 ................................................ Engineering&Project Delivery Attac h lim 190 Garfic"Id strs"nt air Woodburn,O "gon 97071 11h,503()-982-5240 ii Fax 59:3.931-5111 99 7. Improvements to N Boones Ferry Road shall be redesigned/adjusted accordingly with pending future improvements to N Boones Ferry that are part of the Dove Landing PUD project. Improvements to Boones Ferry Road shall comply with City and Marion County Requirements. Design items to be aware that are part of the Dove Landing project but not limited: • Aligning Marion Pointe intersections with Dove Landing intersections on N Boones Ferry Road. • Align Pedestrian crossing on N Boones Ferry Road with Dove Landing crossing. • Maintain/reconstruct future sidewalk on the east side of Boones Ferry Road that maybe constructed, as per the Dove Landing project. 8. Engineer of record to provide memo indicating that proposed intersections at N Boones Ferry Road complies with current Federal and State safety, sight distance and vehicular traffic/ turning movement guidelines. The engineer report shall take into consideration the proposed Dove Landing PUE intersection on N Boones Ferry Road. Please find Dove Landing information on the City's website under the following link: ht-til? ,//,,,,,,,,,,,,,,,,,,,,u ,,u ,00cjl�,uir,n 2.r. o.v/cJe.y Ilannlin / it � ,kc�/annexa lion anx 2020 53 s hulltz fairirm°i clove llandin boones_ .................2...................................................................................................g.....................................................................................................................................................................................................................................................................................................................................................................................................2............................................................. ft;,iri[y rd ne west side 9. Engineer of record to provide a recommendation for safety pedestrian crossings along N Boones Ferry Road, including enhancements to the crossing based on current State and Federal guidelines. B. CONDITIONS TO BE COMPLETED PRIOR TO CIVIL PLANS APPROVAL: 1. Applicant to provide a copy of approved permit(s)from the Oregon Division of State Lands and US Army Corps of Engineering and Marion County, as applicable, if a permit shall be obtained for discharging storm drainage into state lands. This permit(s) shall be obtained prior to City approval of the Marion Pointe PUD Civil Plans. 2. The Applicant is to provide a recorded permit/approval/agreement from applicable property owners for the conveyance and maintenance of the storm water drainage from the Marion Pointe PUD Development into the existing storm drainage system located in current tax lot 051 W06D000502 and tax lot 051 W06D000501. The agreement(s) shall be obtained prior to City approval of the Marion Pointe PUE Civil plans. 3. Applicant to provide for the installation of all franchise utilities and shall provide any required easements for these facilities. All permanent utility services to the development shall be underground. 100 4. Department of Environmental Quality Erosion Control 1200C permit will need to be obtained for this development prior to City issuing approval of civil plans. 5. All sewer mains are a gravity system and the termini of sewer lines locations and depths shall be such that it is suited for future extensions to adjoining areas. 6. Culvert pipes at Olympic Street shall be sized to accommodate future development of adjoining areas, specifically properties located west of N Boones Ferry Road. The culvert pipes shall be designed by a Professional Engineer to handle a 100-year flow event. 7. Final review of the Civil Plans will be done during the Subdivision Application for Construction. Public infrastructure will be constructed in accordance with plans approved by public works and Marion County (where applicable). 8. For general information, the minimum cover depth for water mains is 4ft. 9. Applicant to adjust/redesign the water main on N Boones Ferry in accordance with the plan to extend the main line north of Hazelnut Drive towards Dove Landing Development. 10. Engineer of record to provide a storm analysis report indicating that the existing pipes in Olympic can provide capacity to convey a 100-year event for the entire basing. Engineer of record to provide a pipe analysis certifying the integrity of the existing pipes and strength to support a public road, meet the Oregon Department of Transportation Standards and Specifications. In the event that the pipes cannot provide the capacity or strength requirements the applicant shall provide new culverts or bridge over the drainage pattern. The applicant is responsible for acquiring permits from applicable regulatory agencies for all work within the limits of designated wetlands or waterways prior to, during and/or after the construction of all private and public development improvements, including all culverts/bridge installations and roadway improvements. Engineering&Project Delivery 190 G arfr'ic"Idl'rtrrex a'�Woodburn,O "gon 97971 11h,503()-9 82-5240 i Fax 5()3-982-5242 101 MARION POINTE Tw PRELIMINARY PLANS APPLICANT: HOLT GROUP HOLDINGS,to VERTICAL DATUM: vERnc&DATUM:ElEvnnaNS ARE BASED ON NGS BENCHMARK 5g. '- 1300 ESTHER STREET,MITE 200 R015L3,LOCATED AT THE SOUTHEASTERLYCOPNER OF THE §e VANCOUVER,WA 98fifi0 INTERSE CRON OF STATE HIGHWAY 99E AND INDUSTRIAL AVENUE _ ACCESS BEING A PAVED ROAD LEADING EAST TO MACUREN gg s W LL PLANNING/ENGINEERING/AKS ENGINEERING&FORESTRY,LLD YOUTH CORFECTONAL FAaurY. SURVEYING TEAM: CONTACT RAND WALTZ/GLEN SOUTHERUND ElEVAnON=182.27 FEET(NAW 88) =ri 12965 SW OERMANR RD,SUITE 100 PROJECT TUALATN,63 6151 HORIZONTAL DATUM:HORIZONTAL OANN:A LOCAL DATUM PLANE SCALED FflOM „ce LOCATION M:503-583-fi151 OREGON STATE RARE NORTH 3601 NA083(2011)EPOCH 2010.0000 BY HOLDING A PROJECT MEAN GROUND COMBINED PROJECT LOCATION. NORTHEAST OF THE INTERSECTON OF NORTH BOONES FERRY SCALE FACTOR OF 1.0001105030 AT A CPLCUUTEO CENTRAL ROAD AND HAZELNUT DRIVE WOODBURN,OREGON PROJECT POINT WITH GID VALUES OF(NORTH 553991.748, I EAST 7595761.288).THE MERIDIAN CONVERGENCE ANGLE AT PROPERTY DESCRIPTION: TAX LOT 502,MARION COUNTY ASSESSOR'S NAP 5S IW BD, THE CALCULATED CENTRAL PCNs IS-I'10'O7°.THE STATE SOUTHEAST ONE QUARTER SECRON OF TOWNSHIP 5 SOUTH, PLANE COOREINATES WERE DERIVED FROM THE TRIMBILE VRS RANGE I VEST,LOCATED IN SECRCN 6,WILLAMETTE MERIDIAN, NOW NETNtlflK. Ory OF WOODBURN,MARION COUNTY,OREGON. c SHEET INDEX FI�FFFI�FFI�F /' EXISTING LAND USE: VACANT/GDF COURSE P-OI SHEET WITH LEGEND,VICINITY,AND SIE MAPS PR UN FFF)CEl P-OZ PRELIMINARY UNDSCARE AMENITY PLM! L1LJCtJ / PROJECT PURPOSE. PLANNED UNIT DEVELOPMENT FOR FUTURE SINGLE-FAMILY P-O7 PREUNINARY OVERALL EMSRNG CONDIRONS RAN C�i�JI DETACHED RESIDFNnA DWELUM UNITS. P-04 PREUNINARY EXISTING CONDIRONS RAN P-05 PREUNINPRY EXISTING CONDIRONS RAR PR UNINARY EXISTING CONDIRONS PLAN VICINITY MAP P-08PREUNINARY EXISTING CONDIRONS RAN )°=500' P-08PREUNINARY PROPERTY UNE ADJUSTMENT PLAN P-09 PREUNINARY OVERALL SUBDIVISION RAT % P-ID PRELIMINARY DETAILED SIIBDIVISION PLAT LEGEND P-11 PREUMINARY DETAILED SUBDIVISION PLAT EMSTNfi EXISTNG PROPOSED r f 7 P-12 PREUMINARY DETAILED SUBDIVISION PLAT Z ormiws me Q 1♦ P-13 CONCEPTUALNBIGHBORHOOD CIflCUUTON RAN W P-14 PREUNINARY DETAILED TREE PRESERVARON AND REMOVAL PUN (n P-15 PRELIMINARY DETAILED TREE PRESERVATION AND REMOVAL PUN O W a P-17 PRELIMINARY DETAILED TREE PRESERVATON AND REMOVAL PUN J Q Z P-17 PRELIMINARY DETAILED TREE PRESERVATION AND REMOVAL PUN ^� 0 smM oun uta aevi smM oun xxn wn o P-18PREUNINARY DEMounON PUN = P-19 PRELIMINARY GRADING AND EROSION CONTROL PUN ~ F W W P-20 PREUNINARY OVERALL COMPOSITE URUTY PUN Z P-21 FIR UNINARY DETAILED COMPOSITE UTILITY PLAN N O P-22 PREUNINARY DETAILED COMPOSITE URUTY PLAN F P-23 PRELIMINARY DETAILED COMPOSITE UTILITY PLAN W Z d Z P24 - PREUNINARY OFFSITE SANITARY SEWER COMP09TE unurY PUN = Q cc P ZS PRELIMINARY STREET CROSS SECRONS N -Z EXISTING PROPOSED P-28 PREUNINARY STREET RAN } m P-Z7 PRELIMINARY STREET PROFILES cc ~ O Q P-28 PREUNINARY STREET PROA ES > Z_ O P-29 PRELIMINARY STREET PROFILES U Q O P-70 FIR UNINARY OAERIALVERALL PHOTOGRAPH TR PLAN nomn un[ 7 tlNlmsF s _ P 31 PRELIMINARY OVERALL STREET TREE AND LANDSCAPE PUN P-72 PREUNINARY UNDSCPPE PLAN TRACT A CHILDREN'S PUY AREA usoort - -- -- 1 J / // ///// -' // //� P-33 PRELIMINARY LANDSCAPE PLAN IRACT B,F&I PATHS&ENTRY MONUMENT P-74 PRELIMINARY LANDSCAPE PLAN TRACT C,0,&E OPEN SPACE P-35 FIR UNINARY LANDSCAPE PLAN TRACT C&G-STORd1WATER FACDTES -78 PREUNINARY UNDSCAPE PLAN TRACT H OPEN SPACE s NWW+ 3 / roman un[ / r �/� / % P-37 PRELIMINARY SHARED DRIVEWAY LAYOUT CONCEPT PLAN � �,��/� P-7B PREUNINARY RAG LOT FRONTAGE BEVARONS oK»Em ne x nXsssscsmxs u[ ,., i/ a P-39 FIR UNINARY TYPICAL FLAG LOT VEHICLE ENTRY&DOT SINULARON mnvmv P-b PRELIMINARY DRIVING RANGE PROFlILE EXHIBIT aMm� Tar. "' w SITE MAP P-41 EXHIBIT Y PROPOSED COMMON AREAS 3 sraM mes uc •m nsonr sesn une ----------- .- P-4Z PREUNINARY ARE ACCESS ANO WATER SUPPLY PUN ANN 2 02 200' P-43 FIR UNINARY FlRE ACCESS AND WATER SUPPLY PLAN LAPP adhii,a l HCl t P-01 P- AN 44 PREUMINARY ARE ACCESS D WATER SUPPLY PUN f :•: ;%/.,. //��y/,��/�Jf / °�,rill�/ „ W" i ,r ,. f��l/� r,,.: -;.� w r , W cn O Z Li W W w / %�`�N ��/.., ,r„ r u i/„/;./,r, ,/// �/ /,./ 1,✓/� %/ ._ /,ri tilt //� �” ,: Z - ��US SHELTER ,I� /��/ '' .4.% ',`, ,i,.✓// � a„ ��/� /�� 's... 1/j///�� /j� � J O z a a z Z D 0 co — /' z —0 UJ uJQ O �� ////�, ,; // ,/// iii/lir ,,riiiii %r r / ® - "ii/ ✓ / r////%////// POTENTIAL PLAN ELEMENTS,LOCATIONS,AND DETAILS AS SHOWN ARE CONCEPTUAL AND SUBJECT TO CHANGE. >ssa ` on/a</znu P-02 TAX LOT 3000 a= 11 ITI I TI -- - -----_ ® �6B TAX LOT 4OO TT",— .. % _ a 11111T IIIT„x T qa s 4 T a»X s°vi102AO /AIIIIL° uE �n�,, �a/ �__� L:esU TAX Lot TAX LOT 900 j .0 uw s w oeo ttss usawl iu �a..3s,Tr w� uaPsiw asc [vsuc /, TAX-LOT 501 TAX LIT III n,wz9 s ASI `4 ar ux s°;a°¢ TAX LO i�oOD TAA LOT 200 TAX LOT 1007.' ^/Cahg 91x (/ w O l -11LOT o°o � ��n p F W C7 ;��,wo�o� s, �rcrCC rL�� w �_LU RNBERRV AVENUE_ a C Z O N a cc /�/ C T ` ani ,s.m �'�:, ��✓�_s--LT o�7p-q�ENUE� J J z ' O_ A � Q � �. F ,x w+r-,z,4 J W �0 ,a n �a A°J°sTLo w z a 0 TA L°T 2a°° 2 TAX 700 Y AIRNo �� P-08 N ® �6B at [NlkRA T ,7 TRACT1. i A va�B 69 / 63 3 9 55 5 57 52 -Qg 50 X200 �Te T 0 � 51 � Q'�14" �~,96 "k%, 11 12 S9 13 I ]9 61 QQ c93 %�- 90' ]3 62 3q: T/,� 63 cor.. ..�w. / 72 TRACT E / TRAC Cn ------ z 6S _TRACT Mmv ' 0 'O'rtrt iOw _ um[fus�u wcnc-p-wav iueRm[u[ucLUF W V / j �4VfNU� 6T BnACo4 Q W aT O J Z 2 AXu iTOT 800 / TRACT H 15 a O nP i i 36 7. Z 0 Z uuw°�owc0 16 Q a 35 Z (n Z TAX 102 3439 17 C� > O m G Q AxM 10i2�00 33 18 W m Q ADJUSO TED �u TAXu9°5 iwa o� 31 32 19 TAXLOT 1 a N u 000 / - r N UNDER SEPARATE PERMIT $� yak ms wosc a/ cu0 30 29 20Wq( g 1/ -114Z 6Cry 22 — Fs[IrcR1. s�-- iwuw oN O n U--\ 25 —241— ._231 -- 26 _-- / --- 77 IF O P-09 Ez*°, �G — � NBOONES FERRY RG wo. pRACT-I '–'H NF RM FwE(�� pLYIA _ 77 5 ST9 m ]s T6 'S]] a ]6 T9' 5560 61 3 02 To112 11 e]6 sf1] ss s1m eso q3 IFYe69 o-ffi o-�- G iaHxu aCsTwan° Z rwE o f\a .`S x6685Y E �]t 0 \� P —� — tr sea' MF 1N6 N NI 1 \ \ C pwV FASFIBI NIGHTINGALE DRIVE =1 zsesv �NSGH 0 c» sD.o rso cse �.a -ma *A.o- ml N — +� fig 4 a63 R 62 R 561 560 Ss9 R Ss6 SSTIIF IF 66IF -- T 65 T I TRACT g s L L e, Sq p 0 \ 66� oreifox5�uIF lnfq 1 6T iPACTA 1FAlMIT"I Waoc \Y +xsa 5° ADJUSTED 53IF � 1 noo TAX Lol 26°° �' asb iPH uw 5 iw osoc �. U ` r -� 1 L. 9s2 ' MATCH LINE J D J Z PSWE�YB� K�L'GEND vnnflr avfn[mpr / / 1 UO EASEMENTYIPoKIpxLEGFnN9pr /"1�a '0'1rt� 11 \i� F W V W a H W ONES FEPP'�P' n1/ / 1[ G a Z 0 NOTES: LEGEND O - MHROiTMfB[WIMY9B1NM1Mr5 —/ 2S _ a»uaP�i III N � Z Z O Z mo Im WmQO °slleFr me nu �50`am� 1�, 2 TAX IDT 200 1 It ch \ v TT ADJUSTED 1 Q q"A ul 111 2111 ,�� 0P-10 TRACTB dl ;9N t ...... -- ---- ------ ---—----- MAGNOLIA AVENUE SPN(rel �J� ]41 :w 5o _F= .E 41 39" 9 4S 44 'ae 41 0 �"4 10, ---- ------ 1.L.21. Z PUD SETBACK LEGEND EASEMENT 0 Lu o –j . K 10, NOTE: LEGEND Z 0 ED) z D L) Lu In 0 cc D 0 It ch P-11 as �o. z MJUSTED LOT w26 ; s r a. X �00o z s TAX LOT pToor.,s°x', Nj mnrw xra sn o: .__' wLL l� �T _I_s Z S 9� ern'��P bra sya A TAX LOT r ,I -- _ ,i I�___ 39 _ TCF/ rt asoo 'iM) f ss TaH Gm 25 S 26 8 29 S 32 3] sew osoo Ti4.rzw x f 36 / L Srl OLYMPIC rPrt( i r�(Mi 1 i sA oo �FT STREET- --� OLYMPIC STREET (M) SPu(MI OLYMPIC S-DREE� x ��r` T 13 / o/ T _ T S' f TRACTOR c. TAX 52LOT so v iTr e!S i s4 00 1 ° 19 8 16 m 1] 8 1� ms xG ao� m / T�goo '_,29 22G JS 15 ; . x � rRAar�3 TAX IFTIFFA / fsA, om A 23 rir 1-11LI TTIXAX a POTiW Wo FOs.-. � a / Q Lu z Tnv uPP0 S"111,0 J O PUO SePUO Se TT�D EASEMENT LEGEND ~ Q W LLI W 0 a Z 0 >- z O z NOTES: LEGEND[�41p Q O m • MKIAMTAr5H9r11IAI90V5K1MIK : _'.,m51K5ErslnrtmEwGlKI z N z MMS MS KItlINItlPoIL ffM®fN1 _..., C O In G Q LLI x�uumns xe aerc!ro ow¢ J � 2 : Q O It N 0 e Q r ncs�' P-12 O 9 a me m.or w000eu w ��Q,Q o am uo,Prenoso wire,res�o p„aox i°•1111 1ioX°i Qcx``uu• n a sw rvo Docs un reccw�cu,a ren nrerm,oc a y aces rae mscw�r<ruu oeawuc rvrluoc orae c or a O wevroaleu runes sem awJ as auo uaa coag sorcce :a ,�, 0fl s omas.ouc��wruow cna,ouc.acre o<areno u, 8 im 7 �o 3aa a mr In o}� P� MQC��YAAy�L v I j O 11O Q W 0 lU J W zaz0 G' to — O a z 9 � U = 0c m z U O ^ d' P" Yd rem �E�ENo U U � Frere Pre 4�axreEn�ea<s,rem (ryk� srvc uuo nre W"cav an�x cure„_req, P-13 MATCHLINE SEE SHEET P-15 LEGEND E—NG mann cmrauA(i rt) ,av i$ j �� 0t so Qi$91j emnnc mane cmrauA(s r0 _--uo — 5 mbe (I r0 149 eusnnc cmirmws Mx EMMNG¢aouas ME0 ME flFNGVK ,< ME PROUN(1150 Sai1E5) MFE PAOTECam WFrE WOW) "I LOT"I MEPAOMOam PPN(E „,unas w°bc 69 \� TT Y/ teT, 1. en ro ME xeAm vart Pxrw Yfrac REin r%M D RENV&Tis¢rm roanmu Me o x m¢rmiOvu eexxo ME mOMenm faa TO BE Done ucnwss se r I P/�J _ i J ,.— W cc 0 / / mo vw�sn.re.0 W Z Q W W T"L, 'orbs nodusTeo W HIc a w T. °sew 0 Z Q O 9 TAX LOT 102Q Q d / v5, > Z0 in in �SLU N J N OC 0 7AX Lolz�oa v 22 QO a a 3 / / TAX LOT 201 KEY MAP P-14 I"=500' LEGEND � j// Emnxc maxo caxrauB(i Fn —iae--- 8 .. /��r�i� ENBDXC DxgMO CQIrQIfl(5 Fr) —LO — =9 (RIDE Cp110JR(I Fr) X49 C6„ S / ` G�or,wD rn9en(RIDE canm�x(s PO �Eo _ a e_o emnnc omouas mD: 7 MERENO- O smxeNr fFNCE(uso smres ns s�� rHncriMEPBDIECDM WERE SHM) —•—•— � d' / es �< � / �V � / � +� � � MFE PAOIECDdI FENCE c /� er g f' / %ESEAVABNI OND"(W&TMLE FM VDIML ME / P i��s w�s fhL.x1ED IKCHYAPM. 2 ME FE]I0-BEHND ME FRDMCIM FENCE r0 BE C IE /(� ,n� fl)aee 119XC RNID 100.5 IHU YE— N Z z LLIQ cc 0 LU LU CC J z ti D O W Q w �zi// / / a xy �� #�, G z z 0 MATCHLINE SEE SHEET P-14 ��- " Q Q d 2 az a 2 z:) 0 in LU \ W W O cc cc IL IL \QDa Aff TA XCJUSiLOT26DD ED — / �7--------- MATCHLINE SEE SHEET P-16 OIA— P-15 MATCHLINE SEE SHEET P-15 ;9N � T[IAQTE J y=s LEGEND —�— E—G wand carmx(i FT) —�a9 — p� > - O E.--CwTwfl(5 rT) ——150 -- e FNISIEn w/nE CdlralR(I FO 149 rwsm ME cwrax(5 Pq iso Ensnnc aniemws iax Mnxn oUMM ME O �I �� Tax ausED ma xvaavw � ,r gnwr faa(uso mss ns I UE Ma PRO—wue snow) Ma Pxor¢nw �/7/ 2 J Ja�Pro°s w°�' d 1 m ra nc NA—aonrt-WY Y nus W Q PIE4AVAnw NIO IEnOVN.T.LE ew—1—nEE r�unn n UNHm. / �a I / T8 / I W > CC 0 os�xn xiwo raasiva E cnw eena ro a oanE �3 ��s<EMUA P— 2 z : is ��/ W W #I�,o �I / CC z d G O W QHW GZZ� I 1 Ei O O aa\ x„A� �H > 0 7,1w R CC 0 in Q Z� 23 W JLU � LL 169 9b5� 5iW oe e e a W � � Q O ;� °'woo° �P ��e o z a s 3 czi 0 P-16 �9' w arRuoNuu Te] a a TPM M P�w ceo0 J� - RACT rTRrwlA va�B 4, 62 � Sq � 3 ---------------Al 1 0 TRAIT1 60 667q \ 6 ]\ 56 �� 96 3 i 92 41 14 60 48 - /j 4] ]9 61 44 93 / 90 �/ 1 39 TAX L 9000 a i Li; X69 ,j now a IRR a r E� Tm'G pP 1 66 TRACTD , \ �{I A LUSTED 37 _ cc } 0 LAX LOT 800 TT — 1pRACTpH——..� TAXu LT 2600 16 W ~ `W W T'X u a 5 w occ L �a.m s w mvc 36 > J �rJ �/ �Qe��iw o�ov rtSftld OMnn¢SttRY V 16 0 ~ Z 0 35 _ LAX LOT 102 LLJ 34 17 Q a 'A 33 33 13 Z Z UA. � 0Oo j Muxtl0e PoRrt hPO- 31 32 19 J C M 0 TAX u1roCa lwC¢EC ,/ _ 30 _ - 20 GG LL 29a0 26 21 1122- ------=- PVq( /v \ 26 o=g sob �—F—F—F— e o s of o FWab / ,P-20 � a s nm pa�.c m NpK age em �ps9.ar o c I tMmrl p' �dj � -ysm4A ��'.F A=lp pose pme "r" mrse awe "� mmamc _, w LL LOCAL STREET CROSS SECTION �\TYPICAL MINOR ARTERIAL HALF STREET IMPROVEMENT B TYPICAL LOCALSTREETCROSS SECTION �1 AT NATURAL RESOURCES(W ETLANDS)CROSSING .iC foe i.iP wr "nom rn —I a—�xn— a mxn—I mer "f�mm xn pwm Pyr rp .mpe N.K R�ewne� Lmruo � a.e.map mss are.map .fF TYPICAL HAZELNUT DRIVE LOCALSTREETWITH S-FOOT LOCAL STREET WITH SIDEWALK AND p TYPICAL CA RT PATH E SIDEWALK IMPROVEMENT F TYPICAL MULTI-USE PATH TRACTB G SIDE WALK CROSS SECTION H GOLF CART PATH CROSS SECTION Z LL, p N `W`W F Z r O Z 0 2 W d~ o Z e ^ ^°°° "gym irn . 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GRA- —_____ wa ro w� r n =o __"__---------.."w w1 3 9 5 6 ] 6 9U 10 11 Iw 1 Dvp) I MAGNOLIA AVENUE __ _-_—_ _-_— 1111p) ?AE(11P) �z % 51 99 46 45' 92 41 36 - 2/ Ir THACTF M,1 40 47 44 0.3 40 N z wa U � v a z a } O ADJUSTED LuJ Lu a TAI X111,2°aCL cc d W M :) z 0 } NO 11PICK fIS XIUIX TRI.VmUXO f00XRXr EASEMENT LEGEND C- CC �aJ z (6Y 501.25) MBS xD UNry D41FXf /E z � Z cc in . \� :.NT MVMrnv mnmrnoi 6aooir rcF W CaC�jo2 ::...N LEGEND:DSMa a Zz C/ o DBMSfN XttPMrr Q�T�4f _ Q � nos` P-43 Z � A"IJU51EDI'ipAv MUAs iwsl1-1 1- 3 ® / T 21 33 37 m2 (c I f � `Z- srF OLYMPIC STREET OLYMPIC STREET ,Q P 12 l� ro 13 o jr — xvoFun TRACT�D l l �{V//Sp u✓' sasR Q 16 1] 16 15 21 ID 19 rF< / ino0l IIouX mvreM 1RXT ,ICK: FNMµ19 ra \// NQ � J LLSgFJ slrnuWAlm rauun i_\___` 7 / 22 § T��W�Ml /� Pu�vv) rPMxVw�s W a6 ;i W Q V d Z Q � O W a W w IlflCl1 fIE XNG(TWINMRD F601PflXl EASEMENT LEGEND LL = Z 2 lac smxs) r —O Here amn uvYer n6 } N .mn.w umn usve .c cc F CC 1 Herz oEs uvur re F�F�Hoo \„ Hk miner mrsecra uarwr ree Q LLI d cc i m uX xEX Z F Z:) LEGEND:e� C9 Q O in J 0 m O x em��Xmmr lL Q 2 Z CQ 0 I I I a Q c 0 e Q a nos` A P-44 , ` , PUBLIC WORKS DEPARTMENT 190 GARFIELD STREET WOODBURN, OR 97071 rt` a `` r r 41 684s September 3, 2020, 2020 Attn: Chris Goodell, AICP, LEED AP AKS Engineering & Forestry, LLC 12965 SW Herman Road, Suite 100 Tualatin, OR 97062 Re: Annexation Certification Subject Property Address: N/A Marion County Tax Map: 051W06D000502 This letter is to certify that the City of Woodburn has no capacity issue with the public wastewater treatment facility or public water treatment facility. However, the subject property is not adjacent to an existing collection system for water, wastewater or a public storm sewer collection system. The requirements for these collection facilities would still need to be determined. The capacity analysis, design and installation would be the responsibility of the applicant/property owner. If you have any questions, please contact me at 503.982.5248. Sincerely, a'?:�A' � Dago Garcia, P.E. City Engineer City of Woodburn .............................................................................................................. Iliu � u 129 Woodburn SchoO District 1390 Meridian Drive,Woodburn,OR 97071 $use sr� Phone: 503-981-9555 Fax: 971-983-3611 September 18, 2020 Glen SoutherIand,AICP AKS Engineering and Forestry, LLC 12965 SW Herman Road, Suite 100 Tualatin, OR 97062 Re: Annexation for 90-lot subdivision located at 2850 North Boones Ferry Road Mr. Southerland: In response to your request, Woodburn School District has determined that your planned annexation located at 2850 North Boones Ferry Road will impact our schools in our district however we believe we will be able to accommodate the growth. Thank you, Casey Woolley Director of Safety and Operations Woodburn School District Iliii. iu Page 1 1 130 Glen Southerland From: James Gibbs <gibbsj@woodburnfire.com> Sent: Thursday, September 24, 2020 1:41 PM To: Glen Southerland;Joe Budge; Scott Heesacker Subject: RE: City of Woodburn Annexation SPL Request EXTERINAL EMAIL This email originated from outside ofAKS Engineering&Forestry.Do not click links or open attachments unless you recognize the sender and know the content is safe. Glen, Per our conversation this afternoon,this email is our response to the housing development in the northern City of Woodburn area and our capability/capacity to support/respond. This additional housing development is within our district and we have the capabilities to support this new addition. Jaynes Gibbs Fire Marshal Woodburn Fire District 1776 Newberg Hwy Woodburn, OR 97071 (503) 962-2360 gibbsi@woodburnfire.corn s From: Glen Southerland [mailto:southerlandg@aks-eng.com] Sent: Thursday, September 17, 2020 4:19 PM To: Joe Budge; James Gibbs Subject: RE: City of Woodburn Annexation SPL Request **This ernaii is f:°orn a:u EXTERNAL ERNAL sender. Exercise caution wherr opening attach:nents or dick finks f:°orn u:uic:uown senders or unexpected email. **** Hello Chief and Fire Marshal, I hope you're both doing well! I realize that you are probably incredibly busy at the moment, so I was just hoping you could tell me whether the WFD has capacity to serve the additional 90 dwellings on N Boones Ferry Road. Please let me know if you have any questions or need any more information. Best Regards, 4....... II ........... .. t.... .. . ............. 131 Glen Southerland,AICP AKS ENGINEERING &FORESTRY, LLC P:503.563.6151 Ext.166 ::..Ik::::::Irl. .::e .irmp, ,„u,Ii7,,irll,,ir7. . .. .P.hL:2,ir7.,g::.f2a1 From: Glen Southerland Sent: Monday,August 31, 2020 3:03 PM To:James Gibbs (gibbsj@woodburnfire.com) <gibbsj@woodburnfire.com> Subject: City of Woodburn Annexation SPL Request Hello James, I was hoping to get your input and request a Service Provider Letter for an annexation of territory/new 90-unit subdivision at the northern extent of the city limits. I'm not sure if you've been apprised yet what is being proposed or not. I've attached preliminary site plans for your review. Water mains and hydrants will be installed by the developer. At the pre-app,the City specified 12" lines to the city limits and 8"within the development. Please let me know if there is anything else you need or questions I can answer. I look forward to your comments! Thank you! Glen Southerland,AICP A AKS ENGINEERING & FORESTRY, LLC 12965 SW Herman Road,Suite 100 1 Tualatin,OR 97062 P:503.563.6151 Ext.166 1 www.aks-eng.com ,„u,Ii7,,irll,,ir7, , „ ,,Iks,,,,c,ir7, ,,, ,irm7, Offices in: Bend,OR I Keizer,OR I Tualatin,OR I Vancouver,WA NOTICE: This communication may contain privileged or other confidential information. If you have received it in error,please advise the sender by reply e-mail and immediately delete the message and any attachments without copying or disclosing the contents.AKS Engineering and Forestry shall not be liable for any changes made to the electronic data transferred. Distribution of electronic data to others is prohibited without the express written consent of AKS Engineering and Forestry. 2 132 r OC DBURN CITY OF WOODBURN 0 TRANSPORTATION SYSTEM IPLAN Brown Street Upgrade to Service Collector urban $0 R7 from Comstock City Street design standards including bicycle and pedestrian Low (Project Avenue to end includes of roadway enhancements P20 OR 214/1-5 Investigate corridor signal timing and Southbound Traffic signal R8 Ram State timing coordination adjustments in coordination Medium $15,000 Ramp g with ODOT Intersection OR 214/1-5 Investigate corridor signal timing and Northbound Traffic signal R9 Ram State timing coordination adjustments in coordination Medium $15,000 Ramp g with ODOT Intersection OR Investigate corridor signal timing and 214/Evergreen Traffic signal R10 State coordination adjustments in coordination Medium $15,000 Road timing with ODOT Intersection OR 214/Oregon Investigate corridor signal timing and Way/CountryTraffic signal Rl 1 State coordination adjustments in coordination Medium $15,000 Club Road timing Intersection with ODOT Install intersection capacity improvement OR 214/1'ront such as traffic signal (if warranted),turn R12 Street Ramp State Traffic control Medium $1,000,000 Intersection lanes,or roundabout in coordination with ODOT Install intersection capacity improvement OR 214/Park such as traffic signal (if warranted),turn R13 Street State Traffic control Medium $1,000,000 Intersection lanes,or roundabout in coordination with ODOT OR 214/OR Intersection- Install a second left-turn lane on the southbound approach,install a second R14 211/OR 99E State geometric Medium $900,000 Intersection considerations receiving lane on the east leg,and update signal timing in coordination with ODOT Parr Road/ Install intersection capacity improvement R15 Settlemier City Traffic control such as traffic signal (if warranted),turn Low $500,000 Avenue Intersection lanes,or roundabout OR Intersection- Reconfigure the westbound approach to R16 99E/Hardcastle State geometric incorporate one left-turn lane and one thru- Medium $50,000 Avenue Intersection considerations right turn lane in coordination with ODOT OR 99E/Lincoln Intersection- Install a shared through-right turn lane on the eastbound approach and reconfigure the R17 Street State geometric existing approach lane as a separate left- Medium $500,000 Intersection considerations turn lane in coordination with ODOT As identified in the Highway 99E Corridor OR 99E/Young Intersection- Plan,install a third westbound lane to provide separate left,thru,and right turn R18 Street State geometric lMedium $550,000 Intersection considerations lanes in coordination with ODOT.Implement protected-permissive left-turn phasing on the eastbound and westbound approaches. j:��)age 1 of 2 -Page 32- 133 r OC DBURN CITY OF WOODBURN 0 TRANSPORTATION SYSTEM IPLAN Gatch Street Fill in the gaps.This project improves safe from Hardcastle Sidewalks-Fill P25 Road to City in gaps routes to school for Washington High $350,000 g p Elementary School Cleveland Street Park Avenue Install new sidewalks on one side.This P26 from Hardcastle City New sidewalks project improves safe routes to school for High $65,000 Avenue to Lincoln Street Washington Elementary School Local Streets Willow Avenue P27 from McNaught City New sidewalks Install new sidewalks on both sides Medium $350,000 Road to OR 219 Cascade Drive Install new sidewalks.This project improves P28 from OR 214 to City New sidewalks safe routes to school for Nellie Muir High $400,000 Hayes Street Elementary School Ben Brown Lane from end of Sidewalks-Fill P29 roadway to City in gaps Fill in the gaps Medium $200,000 Boones Ferry Road Oak Street from P30 Boones Ferry City New sidewalks Install new sidewalks on one side Medium $150,000 Road to Front Street Ogle Street from P31 Cleveland Street City New sidewalks Install new sidewalks on one side Medium $900,000 to Boones Ferry Road Pedestrian Crossing Enhancements Front Enhanced Construct ADA-compliant ramps and P32 Street/Young City sidewalks on the east leg of the Medium $15,000 Street crossing intersection Construct ADA-compliant ramps and Front Enhanced sidewalks on the east leg of the P33 Street/Lincoln City crossing intersection.This project improves safe High $15,000 Street routes to school for St Luke's School Cascade Enhanced Install an enhanced pedestrian crossing. P34 Drive/Hayes City This project improves safe routes to school High $65,000 Street crossing for Nellie Muir Elementary School Park Enhanced Install an enhanced pedestrian crossing. P35 Avenue/Legion City This project improves access to Legion Medium $65,000 Park Driveway crossing Park Hazelnut Drive/ Install an enhanced pedestrian crossing. Broadmoor Enhanced P36 Place City crossing This project improves safe routes to school High $65,000 Accessway for Woodburn High School .............................................................................................................. IliI ) Ii —Page 62— 134 Woodburn TSP Updete September 2019 N 2 B y. R A WO�.q DgyUR. v I �. x I -- I I p radion 3yvrmm 111-Upciann ® �r I � rvv�n x --___---_ a 0 G ; f ff s � fi u m � It ...... vc c—vnV r XA f e 1 Ms F NON ) { m, r I. d f nl Existing Roadway c c N N ax ' —Freeway 1 as ro Major Arterial s° -- Minor Arterial 119 j Service Collector Access Street ' ti Future Roadway Future Major Arte rial „e — Future Minor Arterial 0 Future Service Collector 1'��. """ 1 . Future Access Street e 0 1,000 2,000 3,000 Feet ----- Future Local Industrial City Boundary 1®J Urban Growth Boundary Functional Roadway Classification Figure Woodburn,Oregon 2 Note:Future roadway alignments are approximate and subject to further refinement. 135 Woodburn TSP Updete September 2019 WOODBURN rmmm T,—p—.0—Sy.--Plan Upd-n � KIIII w 41 m,.000v.v r w° .r nra A rrf a , u° 0 S oF. I A irysr o "�j a. c ,J y i t If, o STP Future Local Street Connection n m` 0 1,000 2,000 3,000 Feet ti Future Roadway � h F� City Boundary t®J Urban Growth Boundary Local Street Connectivity Plan Figure TjN l IIMIIi alar, Woodburn,Oregon 6 Note:Future roadway alignments are approximate and subject to further refinement. ..- 136 ANX 22-02 Marion Pointe PUD: Attachment 201: Dictionary & Glossary This document defines and explains abbreviations, acronyms, phrases, and words particularly in the context of conditions of approval. • "ADA" refers to the federal Americans with Disabilities Act of 1990. • 'BFR" refers to Boones Ferry Road, whether N. Boones Ferry Road or Boones Ferry Road NE. • "C of O" refers to building certificate of occupancy. • "CC&Rs" refers to covenants, conditions, and restrictions in the context of private contract among an association of owners and/or tenants within a PUD or a conventional subdivision with common area improvements. • "CEP" refers to civil engineering plan review, which is a review process independent of land use review led by the Community Development Department Planning Division and that is led by the Public Works Department Engineering Division through any application forms, fees, and review criteria as the Division might establish. A staff expectation is that CEP follows land use review and approval, that is, a final decision, and precedes building permit application. • "County" refers to Marion County. • "Director" refers to the Community Development Director. • "exc." means excluding. • "ft" refers to feet. • "Hazelnut" refers to Hazelnut Drive. • Inc." means including. • "max" means maximum. • "min" means minimum. • "Magnolia" refers to Magnolia Avenue,the proposed easterly-westerly street that connects with BFR. • "Modal share" means the percentage of travelers using a particular type of transportation or number of trips using a type, as examples walking, cycling, riding transit, and driving. • "Modal shift" means a change in modal share. • "MUTCD" refers to Manual on Uniform Traffic Control Devices of the U.S. Department of Transportation (U.S. DOT) Federal Highway Administration (FHWA). • "Nightingale" refers to Nightingale Drive, the proposed northerly-southerly street. • "NE means northeast. • "NW" means northwest. • "OAR" refers to Oregon Administrative Rules. ANX 22-02, PUD 22-02,etc.Staff Report/Final Decision Attachment 201 Page 1 of 3 137 • "o.c." refers to on-center spacing, such as of trees or shrubs. • "ODOT" refers to the Oregon Department of Transportation. • "OGA" refers to the Oregon Golf Association. • "Olympic" refers to Olympic Street and its proposed north extension. • "Owl" refers to Owl Avenue, an easterly-westerly street proposed to continue east across BFR from Dove Landing PUD into Marion Pointe to Nightingale. • "ORS" refers to Oregon Revised Statutes. • "PBPE" refers to a public bicycle/pedestrian easement that grants pedestrian and cyclist access along sidewalk that overlaps private property or along an off-street bicycle/pedestrian path on private property. It substitutes for a PUBPE. • "PLA" refers to property line adjustment. • "PU" refers to plant unit as WDO Table 3.0613 describes. • "PUBPE" refers to a PUE adapted to grant pedestrian and cyclist access along sidewalk that overlaps private property ("streetside" PUBPE) or along an off-street bicycle/pedestrian path on private property ("off-street" PUBPE). A PBPE may substitute. • "PUD" refers to planned unit development. • "PUE" refers to public utility easement,whether along and abutting public ROW("roadside" or"streetside" PUE)or extending into or across the interior of private property("off-street" PUE). In the context of property line adjustment, partition, or subdivision, the developer records through the plat with drawings and notes on the face of the plat. Absent this context, recordation is separate from land use review pursuant to a document template or templates established by PW. PW is the project manager for receiving, reviewing,accepting, obtaining City Council approval for, and recording public easement materials that a developer submits. • "PW" refers to Public Works (the department) or on rare occasion public works (civil infrastructure) depending on context. • "RCWOD", pronounced by City staff as "R quad", refers to the Riparian Corridor and Wetlands Overlay District that WDO 2.05.05 describes. • "Root barrier" refers to that illustrated by PW SS&Ds [:)i- wiiii 1`o, 1. `Stii,ee � i- If)lIai�ti% ... ........ .... . ii New Coii°isti:iiFlucti:iioii°�'". ................................................................................................................................. • "ROW" refers to right-of-way. • "RPZ" refers to root protection zone in the context of tree preservation. • "SDCs" refers to system development charges, also known as impact fees. • "SE" means southeast. • "SDA" refers to site development area, the entire territory that is the subject of the land use application package. • "sq ft" refers to square feet. • "SS&Ds" refers to PW standa.r;�,),,,,,,s„l�..,u;�;,�,�;,a,;t,u„��„�;�,s,,,,,a„�;�,�),,,,,�,r;a„�✓,u„��,g,s. ANX 22-02, PUD 22-02,etc.Staff Report/Final Decision Attachment 201 Page 2 of 3 138 • "Street trees" refer to trees that conform to the WDO, including 3.06.03A and Tables 3.0613 & C, and that have root barriers where applicable per PW II ,!!.aw..%ii..fl11`o......................` ,t11- , ,t........... Fl , „ I::�IIaiiitiing,,,,,11 , , ,,,, a !! 2�;;,P,Fl,!�ua�;�;ioii�� • "SW" means southwest. • "Tot." means total. • "TPU" means the Transit Plan Update Approved Final Report dated November 8, 2010. • "TDM" refers to transportation demand management, which means according to the TSP (p. 82), "a policy tool as well as a general term used to describe any action that removes single occupant vehicle trips from the roadway during peak travel demand periods", and according to Wikipedia as of October 13, 2020, "the application of strategies and policies to reduce travel demand, or to redistribute this demand in space or in time." • "TSP" means the C,��,��,�,��,��„r:,�;�,,,,,,,i,,,,ra.n„s„p,��„��,�,;�,u,��,�;i,,,,, „ ,ste.� ,,,,,,��,l„a„��,,,,,,(,,,l,,, „��„)„ • "UGB” means urban growth boundary. • "Walkway” refers to what would otherwise be called sidewalk except the paved walking surface is on private property outside of any of ROW or an easement granting public access. • "WDO” refers to the Woodbu.rn Devejol .� ..�:.�..�:....�..�.".. • "WFD" refers to the Woodburn Fire District. • "WTS” refers to the Woodburn Transit System. • "w/i” means within. • "w/o” means without. • "VCA" refers to vision clearance area as WDO 1.02 and 3.03.06 establish or as a specific condition establishes. ANX 22-02, PUD 22-02,etc.Staff Report/Final Decision Attachment 201 Page 3 of 3 139 ANX 22-02 Marion Pointe PUD: Attachment 202: Lot &Tract Development Standards Introduction This attachment establishes PUD lot and tract development standards and could serve as a standalone document for both homebuilders and Planning Division review of building permits assuming the developer will have constructed or paid fees in-lieu for all public improvements (if such fees are due earlier than building permit issuance), obtained final plat approval by the City, have had the Director sign the Mylar, and recorded the plat. "WDO" refers to the Woodburn Development Ordinance, last amended via Ordinance No. 2603 adopted June 13, 2022, unless otherwise specified. Refer to Attachment 201 for a dictionary/glossary, including other acronyms and abbreviations. For improvements that the City requires of tracts, see Attachment 203. Part A. Lot Development Standards Table Table 202A. PUD 22-02 Marion Pointe PUD Lot Development Standards Interior, flag or cul-de-sac lot 3,7001 Lot Area, Minimum (square Single-family dwelling 6,200 1 feet) Corner lot Child care facility or group Per WDO home 2 Middle housing: duplex, Same as required for single- triplex, quadplex, townhouse, family dwelling or cottage cluster Any other use Per WDO Lot Width, Interior, flag or cul-de-sac lot 40 Minimum (feet) Corner lot 50 Lot Depth, Average Interior, flag or cul-de-sac lot 50 (feet) Corner lot Per WDO Interior or cul-de-sac lot Per WDO Street Frontage lDwelling Per WDO, except min Minimum (feet) Corner ot capped at 40 ANX 22-02, PUD 22-02,etc.Staff Report/Final Decision Attachment 202 Page 1 of 5 140 Table 202A cont. Any other use Per WDO Flag lot Per each pole if poles of adjacent flag lots are paired: 71/2 12 Per independent pole: 11 12 Residential Density, Minimum (units per net acre) 7.1 Front Setback and Setback Other than corner lot 15 Abutting a Street, Minimum Corner lot 15 with second frontage 10 (feet)— excluding garage and carport 3,5 Setback Abutting an Alley, Minimum (feet)— excluding garage Either zero or where there is and carport a required alleyside PUE then 5 Side Setback, Primary structure Per WDO Minimum (feet) Accessory structure Per WDO — excluding garage Rear Setback, Primary structure Other than flag lot 15 7,11 Average (feet) Flag lot Yard Yard closest to street: 12 closest to from the lot line parallel to street; rear the street 7,11 Rear: 12 Rear 12 7,11 Sides 5 11 Accessory structure Per WDO Garage and carport Per WDO 3.07.02 through setback, Minimum Ordinance No. 2603 (LA (feet) 21-02) adopted June 13, 2022. Setback to a streetside porch or roofed patio, Minimum (feet) Per WDO through by Ordinance No. 2603 (LA 21-02) adopted June 13, 2022. Setback to a Private Access Easement, Minimum (feet) 1 Lot Coverage, Maximum (percent) 51.1 ANX 22-02, PUD 22-02,etc.Staff Report/Final Decision Attachment 202 Page 2 of 5 141 Building Height, Primary structure Per WDO Maximum (feet) Features not used for habitation Per WDO Accessory structure Per WDO 1. Per WDO Table 2.02B Footnote 1 2. Per WDO Table 2.02B Footnote 2 3. Is not applicable to through lots to the lot lines along N. Boones Ferry Road (BFR). 5. Regarding flat lots, a front setback applies to only to the pole frontage. A flag is considered to have three sides and a rear. 7. Per WDO Table 2.02B Footnote 7 11. Encroachments and projections into setback minimums remain permissible per WDO 3.03.03, 04, & 05. 12. Where flat lot poles adjoin to share a driveway and driveway approach/apron/ curb cut /ramp ("shared rear lane"),public shared access easement shall be per WDO 3.04 through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022. Shared utilities might necessitate a wider public easement than that necessary for vehicular access only; refer to WDO 3.02.01 C. ANX 22-02, PUD 22-02,etc.Staff Report/Final Decision Attachment 202 Page 3 of 5 142 Part B. Related Development Standards Table Table 202B. PUD 22-02 Marion Pointe PUD Related Development Standards Per WDO 3.07.02 through by Ordinance No. 2603 (LA 21-02) adopted Architecture June 13, 2022, except Table 3.07A item P1 is not available for optional points. Approach/apron/ Per WDO through by Ordinance No. 2603 (LA 21- Driveways curb cut 02) adopted June 13, 2022. Throat/portion Per WDO through by Ordinance No. 2603 (LA 21- outside ROW 02) adopted June 13, 2022. Access Lots 21, 24, 25, 28, 29, 32, 38, 41, 42, 45, 46, & 49 are prohibited from having their own driveways along the street and shall take access from the shared driveway along an adjacent flag lot pole. To facilitate such, these lots are exempt from any parking ad requirement. Ratio Per WDO Table 3.05A Parking Parking pad(WDO Number, Minimum Per WDO through by spaces/stalls 3.05.03F.1b) Dimensions, Ordinance No. 2603 (LA Minimum 21-02) adopted June 13, 2022. Stalls within a garage Number, Minimum 2, either both garaged or as and/or carport both a carport and garage on the same lot. Dimensions, Per WDO Table 3.05B, Minimum footnote 6 through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022. The 5-ft parking setback of WDO 3.05.02E does not apply. ANX 22-02, PUD 22-02,etc.Staff Report/Final Decision Attachment 202 Page 4 of 5 143 Part C.Tract Development Standards 1. Driveway approaches/aprons/curb cuts/ ramps: max 10 ft wide. 2. Fencing: Stormwater facilities: If any fencing proposed for such facilities, max 3% ft high and w/the coating (required for fencing per WDO 2.06.02D.2) any of blue, bronze, brown, green, teal, metal, or rust color. (Black prohibited.) By PUD modification of 2.06.02D.2, slats aren't required. 3. Tracts: Any retaining walls shall conform to 3.06.05C as a standard. 4. Golf cart path: If PW during CEP allows a golf cart path in lieu of direct access to and from Magnolia and possibly additional streets, the path shall be: a. Min 1 ft away from the southerly edge of the Magnolia sidewalk as a buffer. b. The resulting buffer area shall be planted with mostly groundcover and some lawn grass. c. Groundcover shall each be min number equal to average spacing of 1 plant per 3 ft of buffer length. d. The design details resulting from a golf cart path deflecting northerly to street corners and its crossing of Olympic or any street, if any, is deferred to CEP and remains up to PW to decide whether to allow and, if it were to allow, to regulate. 5. Tract Cis limited to one driveway approach /apron /curb cut/ ramp (to serve the stormwater facility). 6. Subdivision identification sign: Tract I subdivision identification monument or wall sign maximum height shall be 6 ft above grade. Part D. VCA WDO 3.03.06 is hereby modified such that: 1. The alley part of Fig 3.03A shall apply to alleys except that VCA triangles shall measure min 5 by 5 ft. 2. Regarding the street corner part of Fig. 3.03A, VCA triangles shall measure min 15 by 15 ft. Part E. Lighting: 1. Shall conform to WDO 3.11 through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022. 2. The Planning Division may require inspection to be scheduled evening or night. ANX 22-02, PUD 22-02,etc.Staff Report/Final Decision Attachment 202 Page 5 of 5 144 ANX 22-02 Marion Pointe PUD: Attachment 203: Common Area Improvements & Public Easements Introduction This attachment establishes PUD common area tract improvements and types and placements of public easements. Refer to Attachment 201 for a dictionary/glossary, including other acronyms and abbreviations. For lot and tract development standards, see Attachment 202. Part A. Common area improvements: Amenities/appurtenances/street furniture/support facilities The mins of the improvement types are per Table 203A below: Table 203A. Common Area Improvements Improvement Number Placements Details Type Benches 7 Tract A: 1, w/i 8 ft of ROW Place along paths and sidewalks, set Tract D: 1 back 2 ft min, and on at least 6 by 4 Tract E: 2 (1 each paved path) ft of asphalt, brick, concrete pavers, Tract G: 1 (path south side) or poured concrete. If brick or Tract H: 1, w/i 8 ft of ROW pavers, pour concrete for bench post footings. 6 ft width min; 75% min of them having backs. The recommended model (with back) is per.WD0....fist.p. ..I .!.:et,a.�:!..on memo INT 22-0608. For Tracts D, E, &G,this model is the standard. Picnic bench 2 Tract A: 1 1 under a shelter(as required for Tract A or Q. Min 1 shall be ADA- Tract E: 1 accessible from a sidewalk or path other than a golf cart path. The recommended model (with back) is per.WD0....fist.p. ..I .!.:et,a.�:!..on memo INT 22-0608. For Tract E,this model is the standard. ANX 22-02, PUD 22-02,etc.Staff Report/Final Decision Attachment 203 Page 1 of 6 145 Table 203A. Common Area Improvements Improvement Number Placements Details Type Bicycle 4 (2 U- Tract A: 2 (w/i 12 ft of ROW) For Tract A,the recommended parking racks) Tract E: 2 model is per WDO i.nt.�. l !,'etat,fr�„n memo INT 22-0608. See OCE parks and recreation catalog. For Tract E, this model is the standard. See the memo for remaining specs. Dog waste 3 Tract A: 1 The model shall be per.W. . . stations Tract E: 1 i.n..t,.e.Irl Jr.; .tation. memo INT 22-0608. Either Tract G or H: 1 For Tracts E & H, this model is the standard. Shelter 1 Either Tract A or E: 1 A gazebo, pavilion, or shelter min 12 by 12 ft and with min 10 ft height clearance. If a shelter floor level is at grade, place an ADA-compliant picnic bench; the recommended model is per 1/lC. .. .....i..nt:.�".!rJoretat,ion memo INT 22-0608. Provide a walkway min 4 ft wide between each shelter and any of a sidewalk or path other than a golf cart path. Walkway may be flush with a golf cart path if distinguished with any of(i) concrete or(ii) hatch pattern thermoplastic striping of walkway asphalt. Trash 3 Tract A: 1 The recommended model is per receptacles Tract E: 1 WDO...flrtri,l„1, t ji..oir memo INT 22- Either Tract G or H: 1 0608. For Tract E,this model is the standard. Administrative minor adjustment by the Director to common area improvement location or placement is permissible. Part B. Common area landscaping: 1. Bark dust: 5.0% max of landscaped area may be bark dust or wood chip. 2. Evergreen: 8 min of trees new to the site and outside of ROW. The 8 shall be 1 min of the following coniferous or evergreen species: Cedar, Western Red Madrone, Pacific ................................................................................................................................................................................................................................................................................................................................... Douglas-Fir Oak, Oregon White ................................................................................................................................................................................................................................................................................................................................... Fir, Grand Pine, Ponderosa; and ANX 22-02, PUD 22-02,etc.Staff Report/Final Decision Attachment 203 Page 2 of 6 146 Hemlock, Western I Yew, Pacific 3. Screening: Evergreen hedge or shrubbery shall be screen at-grade electrical and mechanical equipment along their sides, excepting the side intended for technician access. 4. Complementary trees: A row of trees shall complement and be offset from street trees, planted within 5-14 ft of ROW. 4 min shall be one or more species other than maple. Tract Tree Min No. .................................................................................. A 9 .................................................................................. C 8 .................................................................................. D 4 (2 as proposed near Olympic, plus 2, 1 each centered within where north .................................................................................. and south street stub landscape strips would have been) E 14 .................................................................................. G 4 (2 as proposed near Nightingale, plus 2 along bicycle/pedestrian path south side) .........H................................................................. 4 Part C. Paths Bicycle/pedestrian paths: As proposed, Tracts E & G shall have an off-street bicycle/pedestrian path or multi-use path follows: Table 203C. Paths Tract Path Min Placement Pavement Construction Shoulders& Reference Width Furniture (ft) Zones D 6 Same as Same specifications as for sidewalk per public "Path D" where street works construction code. stub north and south sidewalks would have been relative to centerline, plus east end connecting segment, forming a rectangular loop. E 10 As proposed: Per Vt D0 int„r�„i,l�i„ret„atJon. memo INT 22-0608 "Path E1” south yard. ANX 22-02, PUD 22-02,etc.Staff Report/Final Decision Attachment 203 Page 3 of 6 147 Table 203C. Paths Tract Path Min Placement Pavement Construction Shoulders& Reference Width Furniture (ft) Zones 3 Just south of Bark dust, n/a n/a "Path E2" RCWOD south hazelnut boundary, shells, or meandering wood chips along the min 4 inches boundary. deep. G 10 As proposed: Per WDO int„e„i,l !,let„at,ion memo INT 22-0608 "Path G' south yard. Part D. Public Easements In addition to standard streetside PUEs per WDO 3.02.01 as amended by Ordinance No. 2603 (LA 21-02) adopted June 13, 2022, based on WDO 3.02.01C the developer shall dedicate public easements as follows: Table 203D. Public Easements Locations Types Details Wherever Either a streetside PBPE - sidewalk overlaps or streetside PUBPE Note: See Attachment 201 for dictionary/glossary area where including acronyms. streetside PUE would be Tract A and/or B Off-street PUE Min 16 ft wide along any of(1)Tract A north boundary, (2)Tract A east boundary, (3) straddling common boundary line of Tracts A& B, or(4) along Tract B east boundary. Tract C Either two easements, a For watercourse: Per WDO 3.02.02A, or, if the watercourse easement min. width/area is unclear, default to the same and a PUBPE, or a area as the RCWOD. consolidated easement For PUBPE: Same area as the RCWOD. serving the functions of both and covering the larger area. Tract E Either two easements, a One the same area as the RCWOD. (Surveyor may watercourse easement substitute with adapted watercourse easement.) and an off-street PUBPE, A second one min 16 ft wide along south tract or a consolidated boundary. easement serving the ANX 22-02, PUD 22-02,etc.Staff Report/Final Decision Attachment 203 Page 4 of 6 148 Table 203D. Public Easements Locations Types Details functions of both and The additional, separate PUBPE is min 16 ft wide covering the larger along the south tract boundary. required area. Also, provide an additional, separate off- street PUBPE. Tract F Off-street PUE Min 16 ft wide Tract G Off-street PUBPE Min 16 ft wide along south tract boundary Tract H: Westerly Either an easement Absent direction by PW, default to a PUE total min boundary allowing installation of a width of either (1) 16 ft along both tract westerly public bus shelter and and northerly boundaries or(2) entire width of pad to extend beyond tract, whichever is narrower. ROW, or some other easement type such as a PUBPE adapted to serve this function. Golf course: Off-street PUE Min 16 ft wide centered along the pipe. Along the piped tributary of Mill Creek, west of the east golf cart path Golf course: Watercourse easement Per WDO 3.02.02A, or, if the min width/area is Along the open unclear, default to the same area as the RCWOD. channel tributary of Mill Creek, east of the east golf cart path Flag lot adjacent Public access and utility Through Ordinance No. 2603 (LA 21-02) adopted poles with shared easement(s) June 13, 2022: driveways Public access: Per WDO 3.04. ("shared rear Utilities: Per WDO 3.02.01C. lane") Various PUE Wherever PW requires. Part E. Association / HOA To meet WDO 3.09.09, there shall be an association of owners and/or tenants as follows: 1. Prior to conveying land ownership of any tract, the developer shall establish an association, such as homeowners association (HOA), pursuant to ORS 94 and other applicable statutes. ANX 22-02, PUD 22-02,etc.Staff Report/Final Decision Attachment 203 Page 5 of 6 149 2. The association shall assume maintenance of improvements on common area tracts, inc. stormwater facilities; repair, replace, and restore improvements; identify and make clear to owners association duties; and levy assessments to owners in a fair, transparent, and written way. (If the association ceases to exist resulting in a tract or tracts no longer having an existing owner for a year or more based on the Oregon Secretary of State Corporation Division business registry, and where this provision does not conflict with ORS or OAR, the City shall have right of first refusal to acquire the property in coordination with the Marion County Assessor's Office.) 3. Golf carts on public streets: Association documents applying to the Marion Pointe PUD shall make owners or occupants eligible for membership in or the use of one or more golf courses within the development by virtue of ownership or occupancy of a residential dwelling unit in the development. (This facilitates City regulation of golf cart access to public streets per ORS 810.070.) 4. "Middle Housing": The association documents shall cite and comply with enrolled Oregon House Bill 2001 (HB 2001) (2019), Sect. 13 (p. 10). 5. Abandonment/dissolution: The association documents shall include a provision that the start of any attempt to dissolve the HOA must include written notice delivered or mailed to the City c/o Assistant City Administrator. (This is to alert the City that the HOA is abandoning its stormwater facility and open space maintenance responsibilities.) They shall also include a provision that would result, were the Oregon Secretary of State Corporation Division to issue written warning of pending administrative dissolution, in the City receiving notice as well as the HOA. 6. Documents: The developer shall provide copies of articles of incorporation, bylaws, and CC&Rs for the association to the Assistant City Attorney and Director for review upon final plat application to the City or earlier if ORS 94.565(2) requires. Bylaws and/or CC&Rs shall describe the responsibilities of the association to maintain common area improvements, and bylaws and CC&Rs shall reiterate that because of ORS 94.626, any dissolution would not also dissolve obligations. To this end, the corporation shall comply with applicable statutes and the administrative rules of the Oregon Secretary of State Corporation Division. The above would continue to apply were the developer to either (1) establish multiple associations or (2) make use of an existing association related to adjacent existing development. The developer shall provide copies of articles of incorporation, bylaws, and CC&Rs for the multiple associations or these documents amended to conform to conditions of approval. ANX 22-02, PUD 22-02,etc.Staff Report/Final Decision Attachment 203 Page 6 of 6 150 ANX 22-02 Marion Pointe PUD: Attachment 204: Tree Preservation & Protection and Environmental Remediation Part A. Tree preservation 1. On-site: Development shall preserve Tree 13296 along the Lot 65 rear lot line, contingent per both Sheet P-14 and the application materials Exhibit M February 11, 2022 arborist memo having mentioned preservation is situational and premised on arborist examination during construction. Were the arborist at that time to recommend removal, the developer or homebuilder may remove the tree and shall pay a fee in-lieu per Attachment 205. 2. Protection during construction: The developer shall follow Attachment 204, Part B. Part B.Tree preservation During Construction Tree preservation: Protection during construction: "1"1 60.636 The applicant shall protect the preserve trees pursuant similar to City o Portland Title................. , specifically either the subsections set of C.1.a.(1), (3) and C.1.b., e., &f. (clear and objective) and D.; or, the subsections set of C.2.a., b., & d.-f. (arborist's discretion) and D. as modified below and shall do so between Design Review approval and issuance of certificate of occupancy(C of O): C. Protection methods.The Tree Plan shall show that the contractor adequately protects trees to be preserved during construction using one of the methods described below: 1. Clear &Objective Path. a. A root protection zone is established as follows: (1) For trees on the development site - a minimum of 1 foot radius (measured horizontally away from the face of the tree trunk)for each inch of tree diameter (see Figure 80-2) ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .............. ANX 22-02, PUD 22-02,etc.Staff Report/Final Decision Attachment 204 Page 1 of 6 151 Vi'smet aar prof tree zone isdtli radWw5 of .................. of tree 414amover m.,,...w,""m ...............................................m Dia IIro'1Vd'.�"lor ..... ..... (3) Existing encroachments into the root protection zone, including structures, paved surfaces and utilities, may remain. New encroachments into the root protection zone are allowed provided: (a) the area of all new encroachments is less than 25 percent of the remaining root protection zone area when existing encroachments are subtracted; and (b) no new encroachment is closer than 1/2 the required radius distance (see Figure 60-1); ANX 22-02, PUD 22-02,etc.Staff Report/Final Decision Attachment 204 Page 2 of 6 152 µ .. , 010ma tr of tree at "P lao 12 inchuu " EncroachnnenV5 Mtall be no clo5er than one half of the r required root r tion zone radl uu iia '^g protection n n r'oachi^n- ntaia aii- zone io a 12 foot accupy nava more 'han rachue Cir+IC 25 of the,totaI area r a i na ^r') In the root tip pr a -ion zone circle b. Protection fencing (1) Protection fencing consisting of a minimum 6-foot high metal chain link construction fence,secured with 2-foot metal posts shall be established at the edge of the root protection zone and permissible encroachment area on the development site. Existing structures and/or existing secured fencing at least 3% feet tall can serve as the required protective fencing. ANX 22-02, PUD 22-02,etc.Staff Report/Final Decision Attachment 204 Page 3 of 6 153 ........................................................................................................................................................................................................................................................................................................... ii �i l f �777777,�7 (2) When a root protection zone extends beyond the development site, protection fencing is not required to extend beyond the development site. Existing structures and/or existing secured fencing at least 3% feet tall can serve as the required protective fencing. e. The following is prohibited within the root protection zone of each tree or outside the limits of the development impact area: ground disturbance or construction activity including vehicle or equipment access (but excluding access on existing streets or driveways), storage of equipment or materials including soil, temporary or permanent stockpiling, proposed buildings, impervious surfaces, underground utilities, excavation or fill,trenching or other work activities; and f. The fence shall be installed before any ground disturbing activities including clearing and grading, or construction starts; and shall remain in place until final inspection by Planning Division staff. 2. Arborist's Discretion. When the prescriptive path is not practicable, the applicant may propose alternative measures to modify the clear and objective root protection zone (RPZ), provided the following standards are met: a. The alternative RPZ is prepared by an arborist who has visited the site and examined the specific tree's size, location,and extent of root cover,evaluated the tree's tolerance to construction impact based on its species and health, identified any past impacts that have occurred within the root zone, and forwarded a report through the developer to Planning Division staff; b. The arborist has prepared a plan providing the rationale used to demonstrate that the alternate method provides an adequate level of protection based on the findings from the site visit described above; ANX 22-02, PUD 22-02,etc.Staff Report/Final Decision Attachment 204 Page 4 of 6 154 d. If the alternative methods require the arborist be on site during construction activity, the applicant shall submit a copy of the contract for those services prior to permit issuance and a final report from the arborist documenting the inspections and verifying the viability of the tree(s) prior to final inspection by the Planning Division; e. If the alternative tree protection method involves alternative construction techniques, an explanation of the techniques and materials used shall be submitted; f. The arborist shall sign the tree preservation and protection plan and include contact information. D. Changes to tree protection. Changes to the tree protection measures during the course of the development may be approved as a revision to a permit provided that the change is not the result of an unauthorized encroachment into a root protection zone (RPZ), and the applicant demonstrates that the tree protection standards of this Section continue to be met.When an unauthorized encroachment has occurred,the City may pursue an enforcement action or other remedy. Part C. Environmental Remediation 1. Invasive plant removal: This applies to all tracts and where the RCWOD overlaps the golf course lot. The developer shall eradicate invasive creepers, groundcover, shrubbery, vines, and weeds that might exist, at min. any of the following species: (a) Himalaya blackberry (Rubus armeniacus) (b) English ivy (Hedera helix) (c) Common reed (Phragmites australis) (d) Giant hogweed (Heracleum mantegazzianum) (e) Gorse (Ulex europaeus) (f) Kudzu (Pueraria lobata) (g) Old man's beard (Clematis vitalba) (h) Ribbongrass (Phalaris arundinacea var. Picta) (i) Water primrose (Ludwigia hexapetala, peploides) (j) Yellow flag or yellow water iris (Iris pseudacorus) 2. Grass: Within the RCWOD, where removal of invasive plants or the unintended effect of nearby construction results in bare ground, plant lawn grass, wild grass, or a combination. 3. Other plants: Within the RCWOD area where it overlaps Tracts C & E, plant min 20 PUs of any of the following four Trillium species: albidum 'J.D.Freeman', chloropetalum (giant trillium), ovatum 'Pursh' (common name wake robin), kurabayashii 'J.D.Free man' (large purple wake robin), and petiolatum 'Pursh'. Also plant 80 PUs of any min 3 non- invasive species of shrubbery most likely to attract honeybees, having identified such species on a landscape plan. ANX 22-02, PUD 22-02,etc.Staff Report/Final Decision Attachment 204 Page 5 of 6 155 4. Trees: (a) Number: Within the RCWOD area where it overlaps Tracts C & E, plant a min number of trees that, combined with existing trees, is a number equal to 1 per 15 ft of Mill Creek tributary centerline distance. (b) Placement: These RCWOD trees shall be placed within a 5-ft band inside of each of the northerly and southerly RCWOD boundaries, and have distribution approximate average o.c. spacing of 1 tree every 30 ft across the four bands (The RCWOD north and south bands on Tracts C & E each). (c) Species: This applies to all tracts. Have 10.0% min. of existing and additional trees combined be coniferous/evergreen. WDO Table 3.06C is hereby modified by PUD to allow anywhere within the SDA (outside of ROW) any tree species that isn't invasive. A number of street trees may be coniferous/evergreen if and where PW allows during CEP, and were this to happen, such trees may count towards the min percentage. ANX 22-02, PUD 22-02,etc.Staff Report/Final Decision Attachment 204 Page 6 of 6 156 ANX 22-02 Marion Pointe PUD: Attachment 205: Conditioned Fees All of the following conditioned fees are due as applicable, whether or not mentioned directly by a condition of approval. Refer to Condition G3 and/or Attachment 201 for a dictionary/glossary, including acronyms and shorthand text. Part A. Fee Provisions 1. Any and all conditioned fees are in addition to, and not in place or as discounts of, any existing charge or fee however termed ordinarily assessed based on any existing ordinance, resolution, or administrative policy, inc. adopted fee schedules. If and when the City amends any ordinance, resolution, or administrative policy, inc. a fee schedule, to increase a charge or fee that is (a) the same kind of charge or fee that is conditioned, (b) the amended charge or fee amount would exceed the amount conditioned, and (c) the increase takes effect before the conditioned fee is due, then the developer shall pay the greater amount. 2. Payments of conditioned fees shall reference a final decision case file number and the condition of approval letter/number designation, be it in a check memo field or through a cover or transmittal letter. 3. For fees due by building permit issuance, a developer may request the Director to allocate payments the same as allowed for fees in-lieu by WDO 4.02.12A.2 through Ordinance No. 2603 (LA 21-02) adopted June 13, 2022, specifically,to pay across issuance of two or more structural building permits for the subject development. For all administrative and logistical questions about payment of land use conditioned fees outside the context of assessment and payment through building permit, the developer is to contact the Administrative Assistant at (503) 982-5246 and refer to this attachment within the ANX 22-02 Marion Pointe PUD final decision. For payment method policy details, the developer is to contact the Finance Department at (503) 982-5222, option zero, for payment method policy details. ANX 22-02, PUD 22-02,etc.Staff Report/Final Decision Attachment 205 Page 1 of 3 157 Part B. Fee Table Table 205. Fee Table Condition Fee Type Amount Context Timing Staff Reference Tracking: T-A Transportation: Automotive: TSP signal timing $15,840 Proportionate share of the Building permit issuance study or studies TSP Projects R8,R9,&R11 (p.32+). (ANX 2020-03 Dove Landing PUD pays remaining share.) PUD-3 Street tree fee in-lieu for street trees omitted $950 per tree Applies to omitted street If CEP context,then by through civil engineering plan(CEP)review, trees,or,ones missing from building permit or,inspection missing tree fee required number upon issuance;if in inspection inspection context,then prior to passing final inspection /obtaining certificate of occupancy PUD-5 Significant Tree 12610 removal $1,900 Tree 12610 removal from Building permit issuance BFR east side Significant Tree 13296 removal $1,900 Tree 13296 removal from Building permit issuance Lot 65,if and after removal or passing of final justified per conditions inspection Tree removal $246 per tree Removal of trees from along Building permit issuance assessed at BFR east side near NE corner min 18 trees of BFR&Hazelnut PUD-13 Dove Landing PUD public park land By year of The developer of Dove Building permit issuance improvement fee assessment: Landing PUD,which is west 2022: across BFR, $100,000 conveyed/dedicated/deeded 2023: to the City public park land. $103,000 Fee towards park 2024: improvements. $106,090 or 2025 or later:$109,273 T-BP Wayfinding signage fee in-lieu $1,500 per Regardless of number of sign Building permit issuance location faces that would've been at the location ANX 22-02,PUD 22-02,etc.Staff Report/Final Decision Attachment 205 Page 2 of 3 158 Table 205. Fee Table Condition Fee Type Amount Context Timing Staff Reference Tracking: T-T1 Bus shelter fee in-lieu By year of See condition. Building permit issuance assessment: 2022:$13,214 2023:$13,610 2024:$14,018 or 2025 or later:$14,439 T-T2 Bus stop bicycle parking fee in-lieu $510.20 per See condition. Building permit issuance location T-T3 Bus service $290 per For City bus service Building permit issuance dwelling per each dwelling G6 through Public Works Dept.civil engineering plan(CEP) $250;$346 Original/1"submittal;each Upon CEP application to this review: Review by Planning Division subsequent inc. Public Works Dept. Attachment deferral/piecemeal (PW) 205 Inspections by Planning Division $75;$346 1st inspection or Inspection requests "walkthrough";each related to public(street) subsequent improvements and building permits G6 through Bond/bonding/performance guarantee: $4,474 Serves as bond application/ If CEP context,then this Specifically any that would allow or allows the review request min fee and payment(through Attachment developer to delay construction of street isn't a bond amount itself. Planning Division)upon 205 improvements beyond building permit issuance, Fee not applicable to CEP application to PW; with the exceptions of(a)sidewalk along warranty bonds or ordinary if developer applies for individual dwelling lots and(b)street trees. construction bonds if they building permit review do not authorize delay of and there has been no construction of street CEP application to PW, improvements beyond then building permit building permit issuance. issuance (See WDO 3.01.02E through Ordinance No.2603[LA 21- 02]adopted June 13,2022.) ANX 22-02,PUD 22-02,etc.Staff Report/Final Decision Attachment 205 Page 3 of 3 159 ` Marion Pointe- BoonesFerry Road Woodburn Planning Commission, Mr. Rand Waltz June 2022 Upon recieving the newly submitted application for the area ajacient to our neighborhood our initial reaction was... wow! My husband and I want to applaud the developer for listening to the'suggestions'and taking appropriate actions.We think the added street access, and well placed and sized new'park'will go a long way to make this a viable and attractive community. VVeeven like the name changes ofthe area and streets. However,we feel the two remaining issues we had with the previous proposal still needs addressing. First. VVesee oproblem with the width oflots 25, 28,and Z9.They are only 42.S'm/ide. The lot et2863Olympic St.which is directly next to lot 25 is considerably wider and I think this drastic change would make the transition between the neighborhoods unfavorable . Is there anyway to 'steal'a few feet from the five 60'lots at the other end of this tract to increase the widths and make the area more uniform? I'd like toaddress lot J4and lots 22and J3also.Although the lot at2078Olympic St.next tolot 24is considerably smaller than 2863 Olympic St., I'd still like to see the width increase to a reasonable size,again by shifting the lots abit tothe north. Asfar gslots 22and 23, myonly concern isthe impact itwill have onthe neighbors. Putting two homes inthere seems unnecessarily crowded. Second. The six lots atthe end ofthe driving range. K4yhusbands opinion about this issue still stands. "I have played golf most of my life and have played many courses and not one of them has ever had homes atthe end ofadriving range. |tisnonsensical todoso." We still feel that it will not only be dangerous, but adding the net will be an unnecessary eyesore if those homes are built. Please reconsider adding those lots. | have one last item I'd like toadd. Honestly I'm onthe fence with this but will add noVtwo cents. The gate. | think in one of the diagrams I saw the wordgate'with an arrow pointing to where it is. Does this mean wewill leave it? Before,we proposed leaving it to protect our neighborhood from added traffic, but now maybe it should stay to protect the new neighborhood from added traffic from US! From what I understand it would be okay with the Fine Marshal. |would strongly recommend we atleast leave it until ALL construction is completed just for safety sake. In conclusion,we are leaning toword recommending approval of this development and would be fully on board ifthese last items ofconcern are addressed. Thank you for your time and effort. Sincerely, Julie and Jim Nico|arsen 3 2027 160 I hereby agree and support the letter submitted by Mr. and Mrs. Nic®larsen. Name Street Address � ( IQ �- 0 t r, 3 )[J22 161 From: Donna Svela To: Cassandra Martinez Subject: Fwd: Objections to RE: Status of ANX 22-02,PUD 22-02,PLA 22-02,SUB 22-03,RCWOD 22-01,&ZC 22-02 "Marion Pointe"along the east side of Boones Ferry Rd NE(Tax Lots 051W06D000502 primary,500,&800;and, 051W06DC00201&300 under Hazelnut Dr) Date: Saturday,June 11,2022 9:15:41 AM Jb� s 6.mi ad n h moron an EXIF F.RNA L e.nde. LA.e.ra,u se.c auuQ.non winded cg)ed rnnrxg att achy ne.nts or e.fick finks hn"orn uu:nxkriownx e.nde.rs cw uund.°xp ,,led email. Picture 549 Tumberry Avenue Sent from my iPad Begin forwarded message: From: Donna Svela<donnasvela04@icloud.com> Date: June 11, 2022 at 09:14:15 PDT To: cassandra.martinez@ci.woodbum.or.us Cc: Donna Svela<donnasvela04@icloud.com>, eric svela <ericsvela@yahoo.com> Subject: Objections to RE: Status of ANX 22-02, PUD 22-02, PLA 22-02, SUB 22-03, RCWOD 22-01, & ZC 22-02 "Marion Pointe" along the east side of Boones Ferry Rd NE (Tax Lots 051W06D000502 primary, 500, & 800; and, 051W06DC00201 & 300 under Hazelnut Dr) I Donna Svela and I Eric Svela highly object to to this change in land use. This change not only effects the natural beauty of the golf course, wetlands and natural habitats of the area but also the current homeowners property and the value of our property. We currently pay 7200.00 a year in property taxes and we will not and have heard that several others will not continue to do so if our property is ruined with views of several homes.The left back corner of our property at 549 Tumberry Avenue would then sit directly next to LOT 423. Our cul de sac and dead end street will be turning into a thorough way for Olympic Street. What about our privacy and our HOA, what about our swimming pool and who has rights to use it? Will we become a gated community? Who is protecting our investment? What will stop us from selling and/or how will we continue to love where we live when our whole landscape is destroyed with homes that take our view away? Please view our photo-now imagine to the left-starting right at the edge of the fence LOT423. Eric Svela Donna Svela 503.516.5072 i::`Ity COL11116H JLfly 25, 202 Sent from my iPad [" X 22...02 Attachirnent 162 J 1 / / J 1. .. / /.. / / 1 I / i i f / o / / / d / / / i i P / r, / ' AP xfp t t5i� �V a r � DENNIS and LORELL ORTEGA 408 Turnberry Ave. 9 Woodburn, Oregon 97071-7740 City of Woodburn Planning Commission City of Woodburn City Council 270 Montgomery St. Woodburn, OR 97071 July 17, 2022 RE: Case#ANX 22-02 ATTN: Mr. Eric Swenson, Mayor Mr. Charles Piper, Chair Planning Commission Honorable Mayor Swenson, City Council and Planning Commission Members: As a 6-year resident in the Tukwila development and homeowner in the Renaissance Reserve neighborhood, this letter addresses concerns regarding the annexation and approval for development known as Marion Pointe. We specifically chose purchasing a home in Tukwila due to the serene environment associated with the OGA golf course plus the aesthetics of both the high quality of home construction, seclusion from local traffic, the average age of homeowners and the overall beauty of the development itself. Our neighborhood faces major changes if, and when, the Marion Pointe development proceeds. The potential for losing the peace and tranquility of living in a golf course community to the hustle and bustle caused by multiple and potentially much younger families and the increased traffic and safety issues are unsettling. Nor does this include the lowering of our current property values due to the building of lesser valued, crammed together houses that will be built in our immediate back yards. Over these six years we have witnessed the decline to infrastructure in Woodburn. Such declines will be drastically increased should Marion Pointe be approved. • Citywide our roads are neglected, in disrepair and are overcrowded. Potholes are left unrepaired for months on end; traffic flow and congestion is not being addressed. The traffic flowing both directions from 1-5 on Newbery Highway during peak times of day moves at a snail pace. Commercial and delivery truck traffic, school buses, safety vehicles, log trucks, etc. add exponentially to the problem; and Amazon has not even arrived yet. • Renaissance Reserve adjoins the prorposed Marion Pointe development. We have a swimming pool that is located off Olympic Avenue. Children play in the common area surrounding the pool when not swimming; many of our residents walk daily. Opening the gate at the end of Olympic Avenue will pose new safety risks for our residents and families. We do not want, nor support, opening this gate. The amenities of the .............................................................................................................................................................................................................................................................. RECEIVED �'j�'Ity COL11116�� JLfly 25, 202� A[�X 22 02 Attachirnent 5 Page 1 of 2 JUL 18 2022 ............................ GoiMMUNITY DEVELOPMENT DEPARTMENT 164 Renaissance Reserve neighborhood, and Tukwila in general, cannot be open to future residents of Marion Pointe. Our HOA fees do not, and should not, pay for their pleasures. Proper ingress and/or egress for Marion Pointe needs to be addressed without infringing on the Renaissance Reserve neighborhood. Please work with any future developer(s) so there is no need to open access to Olympic Avenue. • New housing projects seem to be moving at an accelerated pace with no serious infrastructure improvements in progress. If there are existing plans, they are not being shared with the city's residents. With apartment building off of southbound Hwy 99 and eastbound Hwy 214 plus new home construction to the south of the city, what is the rationale for this housing frenzy? Without adding more roads, adding more homes brings safety concerns that are unwarranted and unwanted. What will happen when the Marion Pointe development adds 87+ families to an already bustling community? We ask you to take a long serious look at the impact this development may bring to our neighborhood. Are you prepared to handle this impact? • The addition of more high density housing will detract, not add to, the beauty of golf course living and, as a result, have the potential to decrease our overall property values. • The City of Woodburn/Marion County presently has/have one of the highest tax rates, if not the highest, in the entire state of Oregon. Please put our tax dollars to work to better our city's infrastructure. • We've heard that the position of the City Council is that we have sufficient schools to support all the additional building. In the surrounding area of Marion Pointe there are two school complexes which are traffic choke points. Try getting out of Tukwila during school opening and closing times. Waiting 10 minutes or more in line to exit our community due to the number of vehicles for high school students/parents, school buses and cross traffic on Boones Ferry Road is so irritating. This traffic issue is compounded by the number of vehicles that travel through Tukwila streets to divert congestion on Newbery Highway. This congestion will continue to increase when traffic from the new apartment complexes and other developments in various planning stages or under construction begins. When you consider that our teachers all lobby for less children per classroom, more funding, and now have fewer classroom days per year where does it all stop? • Our golf course environment is special! The crowding of densely built homes into this proposed area is unreasonable. Everyone needs to respect and protect the environment around our city's OGA Golf Course. Our city has growing pains but expanding into, and infringing on the only highly recognized golf course in our area, is not an answer. While deciding the future of the Tukwila development, please listen and respect the voices of the Tukwila residents who would be impacted by the Marion Pointe high density project. We ask that you postpone this annexation to such time that this area is fully prepared and the development meets the same standards as the homes built in Renaissance Reserve and other areas within Tukwila. PLEASE STOP THE MARION POINTE DEVELOPMENT! Respectfully submitted, Page 2of2 165 Woodburn Mayor and City Council: July 18,2022 RE: Marion Pointe PUD 87 homes on 39.21 acres I want to first say I'm not against the development,but I think the increased density of homes for the project without adequate public space is a big issue. I believe the staff, in the Planning Commision meeting for the previous proposal,indicated that this property,if it was a normal development,would have 55 homes. This PUD is 87 homes and 45 are below the 6,000 sq.ft.City threshold. I want to address certain inadequacies and shortcomings of this proposed PUD. The idea that this developer has provided something in return for reduced lot size is a ridiculous notion with all due respect to all parties involved.The quote from the staff report is--- "Staff also notes for the developer,PUD is a tool for getting more lots and more houses that a standard subdivision in order to get greater profit. In exchange,the City gets enhanced public amenities." If we go a little deeper on this development,the planning department this time around has taken the stance that "common area" describes the same as "open space". The developer now proposes that the existing golf course can meet most of the PUD common area/open space requirement.This means that the vast share of the 30%PUD common areas is golf course. Seriously? The golf course is private property. It has nothing to do with this developer. If I go on it it's trespassing without paying a greens fee. Does that mean the farm on the northwest corner or the one on the southwest corner of the property can be considered "open space" too?Where does it end? What is the enhanced public amenity for the City? ,lust some money for the park land described below? Does this really enhance Marion Pointe directly? There is a condition that the developer is to pay a fee to the City towards improvement of the park land within the Dove Landing PUD. That is pretty vague? What does that mean exactly? Is that$100,$1,000, $10,000 or something else? I seriously think this needs to be revisited before approval of this project. Another area of concern I have are lots 39,40,43,44,47 and 48 located at the end of the GGA Golf Course driving range. I have played golf most of my life,on many courses and not one of them has ever had homes at the end of a driving range. I talked to the GGA Golf Course Head Pro and he has never seen this before with the wealth of his experience.It is nonsensical to do so,even with a net? Now granted the start of these lots are at around 300 yards from the practice mats and not a lot of golfers can hit the ball that far. However,in front of the mats is 25 yards of grass where during the summer these mats are no longer used and the hitting area is moved between the end of the grass and the mats,reducing the yardage to the lots. These lots should be removed from the P `I ty O L 1111116H J L ll 25, 202 ........ [" X 22... 2 ttadii r) ui't Thanks for your time and consideration! RECEFrED ................... Regards, Jim Nicolarsen 1620 Troon Ave.,Woodburn jq, 19 2022 nF!'ARTMENT 166 Case#ANX 22-02 Marion Pointe July 15, 2022 Mr. Mayor and City Council, (Please refer to my letter to the Planning Commission] Once again we find ourselves struggling with important decisions in regard to how growth will impact our community. I want to thank all of you, including the Planning Commission, for your efforts in this regard. As far as Marion Pointe is concerned, the developer made several changes that does improve the impact this tract of homes will have on our neighborhood but maybe we are missing the point. Do we really need yet another high density area in a city that already has so many and is growth happening too fast? I see enormous apartment buildings near Safeway and Als Garden Center going up, and what about the planned area behind the outlet stores?There are growing neighborhoods to the south and an approved development that would be across Boones Ferry from this one (Dove Landing). What will the impact of the new Amazon complex be on our community? The Schools assure us that they can handle the additional population, has the police, fire, social services and streets been upgraded and expanded enough to handle it as well? I see us turning into another Wilsonville where it takes an overly reasonable time to get on or off the freeway, and around town. The 214 corridor that passes the High School, Elementary School and Firehouse is nearly impossible now during peak times, and you want to add more traffic? Not only that but the golf course environment is special. Shouldn't we respect and protect that environment? I'm not saying no development, ever, that's unreasonable. However, the crowding of the homes especially on Olympic Street and at the end of the driving range seems excessive and unnecessary, driven by the all mighty dollar, not by aesthetics or concern for the natural habitat, or the impact it will have on the city. I urge you to slow development down, see what the impacts of existing new growth will have, then decide if yet another high density development is in the best interest of our city. I urge you to deny annexation at this time. If not..... I strongly recommend leaving the gate on Olympic Street. The added traffic down Troon would be highly undesirable. Sincerely, Julie Nicolarsen 620 Troon i .... i .i..l.... . L ... . ...... . . . 1w.it ' Lu lLf212 02 COMMUNITY DEVELOPMENT DEPARTMENT 167 I hereby agree with Mrs. Nicolarsen and support denying the annexation and development called Marion Pointe for the reasons stated in her letter. NAME STREET ADDRESS I-"- - �i r' Tt000 P -L(, YOO 7� RECEIVED JUL '19 2 COMMUNITYDEwEapMEN] DEPARTMENT 168 �'I'1 r I Iii♦ r} � l�� i ��/� BU Pri,,�<;rrt rr rf aA'!87 July 25, 2022 TO: Honorable Mayor and City Council through City Administrator FROM: Chris Kerr, Community Development Director Colin Cortes, AICP, CNU-A, Senior Planner SUBJECT: Appeal of the Planning Commission Approval with Conditions of the US Market Gas Station Development at 2540 & 2600 Newberg Hwy at the Southwest Corner of Newberg Hwy & Oregon Way (CU 21-02) RECOMMENDATION: Conduct a public hearing and make a motion to affirm the Planning Commission approval with conditions, directing staff to prepare a final land use decision for consideration at the next City Council meeting. BACKGROUND: The item before the Council is an appeal of the Planning Commission's approval with conditions of Conditional Use CU 21-02 and corollary applications Design Review 21-10, Exception to Street Right of Way and Improvement Requirements ("Street Exception") EXCP 21-05, & Phasing Plan PP 21-01 for the US Market gas station development at 2540 & 2600 Newberg Highway, which is at the southwest corner of the intersection of the highway and Oregon Way. The subject property of approximately 1 .42 gross acres, is zoned Commercial General (CG), and was previously occupied by two vacant bank buildings, now demolished. The applicant is architect Ronald "Ron" Ped, acting on behalf of property owner Lal "Don" Sidhu of Woodburn Petroleum LLC. The parties appealing the Planning Commission's decision (appellant) are LB Group, LLC and Woodburn Fast Sery Inc, represented by attorney David Petersen of Tonkon Torp LLP. A copy of the appellant's letter received June 21 requesting an appeal is included as Attachment 2. Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance_x 169 Honorable Mayor and City Council July 25, 2022 (Appeal of CU 21-02 US Market Gas Station) Page 2 Project Summary The proposal is to develop a gas station with convenience store and speculative commercial office area on two lots. (There is no lot consolidation.) A colored site plan is included on a later page. The site plan that the Planning Commission approved for development includes the following features: • The east, corner lot, which has the one driveway along Oregon Way, would have a single northeast building with a convenience store of 4,110 square feet (sq ft) at the north end and a speculative commercial office of 1 ,863 sq ft at the south end. • The west lot, which has the one driveway along the highway, would have a north fuel pump canopy and a south commercial office building of 5,000 sq ft. Development Applications A gas station is a conditional use (CU) in the CG zoning district if and where it would be within 200 feet of residentially zoned property. A "conditional" use is called such because (1 ) it's conditional upon discrete approval by the City, and (2) the City can condition physical or operation aspects of a proposal, including on issues particular to the case at hand and above and beyond what Woodburn Development Ordinance (WDO) provisions directly address. Consistent with the CU purpose statement in WDO 5.03.01A, the Commission approved with conditions that offset the effects of development and make a gas station as compatible as practical with existing residential uses in the vicinity. Incidentally, commercial office and retail are permitted uses in the CG zoning district, in other words, are allowed by right. There are associated development applications submitted as part of the consolidated application package: • Design Review DR 21-10: This relates to the site plans and the overall physical site development. • Exception to Street Right of Way and Improvement Requirements ("Street Exception") EXCP 21-05: EXCP is a discretionary land use application type 170 Honorable Mayor and City Council July 25, 2022 (Appeal of CU 21-02 US Market Gas Station) Page 3 allowing developers to lessen street improvement requirements and standards. • Phasing Plan PP 21-01 : A phasing plan is a discretionary land use application type allowing developers to divide development across space and time, the main purpose being that the City and a developer define increments of public improvement obligations for each phase so that the developer can better manage financial obligations through completion of the project. A phasing plan can also be a tool to accommodate different development options or scenarios. See below and the next pages for an aerial photo and a site plan. dt4 214 o V' IIII(IIII a , 1 l 2MG9 j J29 County assessor aerial with subject property outlined in green; the two vacant bank buildings are now demolished 171 Honorable Mayor and City Council July 25, 2022 (Appeal of CU 21-02 US Market Gas Station) Page 4 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... SITE SUMMARY P'ROP'ER"'SIZE •631dm 6f_;'434G1 Ol1L B6L p LrA IVM�"4.N"a EI '1 I 0?L .J."SC.SFS.CrE RM SP(de Mbn ------ — —————-- � _—_— _—_—_—_ HWY 214 OM1___— —— 4�_—_—__ ¢A r lim w � ecuf 59 P. r r raiam! rw4r � r 1 A G. STORE ! ••••. 3 4110 SF GIEECtl@iK s - -. 4\ s it e � L11. OFFICE 1$63 SF FfP lag tlll Po'a0b' 3 L 4PY,.'PPE R✓ID 33 P.¢LZ a' ._._. E NDS aLano EaMb ...... .] Hares�e Rm'/-ED..53 YiM'.F }' I uV 439x'<Yal'A'e dl'ipJ]k4LW 12 �P Ixl , FU F£d TI YSl NYS M � ] F3 mW A'H Ik'1W I� a� ve Peccv[a we cin ln• N pJe,J L�A�IW W td ]v f �" PpELE 91tY6R � y� ]_ r L Pp, ciao tid+ fUi-.a%I fiN 'f' I ci£aeti.cE aRE v, w 5 rye � z � y Ev - Y W e Jr lacy4� *oEt�E uEDL'_r'r dr' -r�-a•r! � luval la.:ner � as amr {131 d£N T I RSE 41-IT renaes� I awc[ �py� I ... Pf0E6 PoM EE aE �01wAMP11111104 lel: rfn �r - tea.�w; ter.r .. In ra)n`eru I OFFICEri �m 6,000 SF �n I SII . F I ___ PLAN \J Though the applicant proposed two site plan options, Option 1 above is the only option the Planning Commission approved. 172 Honorable Mayor and City Council July 25, 2022 (Appeal of CU 21-02 US Market Gas Station) Page 5 Commission Decision The Planning Commission held a public hearing on June 9, 2022, and by a vote of 4-1 approved the consolidated applications package with the conditions recommended by staff through the staff report published June 2, except for two revision items: 1 . Raising the Architectural Wall minimum height along the Panor 360 condominiums boundary (950 Evergreen Rd; Tax Lot 052W 12DB90000) from 8 to 9 feet, which is the maximum that Woodburn Development Ordinance (WDO) 2.06.02C.1 allows, and striking allowance for that wall to have upper segments of cedar wood between columns/piers. 2. Striking allowance for the developer to refine and construct site plan Option 2, the one that the applicant had drafted because of Oregon Department of Transportation (ODOT) highway access restrictions. Testimony Commission: The list of testifiers is on final decision p. 23 (Attachment 3). Testimony topics raised generally included concerns about: • Crime • Gas fumes smell • The homeless • Noise • Theft • Traffic • Trespass • Unsavory convenience store customers; and • Vandalism. Council: Besides the applicant's attorney, "citizens of Woodburn Estates" submitted a three-page petition (Attachment 6). DISCUSSION: On June 21 , 2022, the appellant submitted a Notice of Intent to Appeal the Commission decision on consolidated application CU 21-02 pursuant to WDO 173 Honorable Mayor and City Council July 25, 2022 (Appeal of CU 21-02 US Market Gas Station) Page 6 4.02.01 . Staff thereafter schedule this public hearing of the City Council in accordance with WDO 4.01 .15. The appellant's notice of appeal letter sets out seven bases or grounds for its appeal (Attachment 2). In response to appellant's appeal letter, the applicant's attorney, Wallace W. Lien, also submitted a Memorandum in Support of the Application (CU 21-02; Attachment 1 ) as well as a copy of an ODOT July 19, 2022 e-mail to the applicant's traffic engineers (Attachment 5). While the City Council appeal hearing on the consolidated applications may consider or include discussion on any number of issues regarding the consolidated applications, including those raised in the appellant's appeal letter or by other parties that testified during the Planning Commission hearing, staff includes below a brief summary on two primary matters of interest: 1 . Appellant's Argument related to the Applicant's TIA One of the appellant's issues is whether the transportation impact analysis (TIA) should have factored in vehicle trips generated by a different development codenamed Project Basie that later became public as the Amazon distribution center. (See appellant's Attachment 2, p. 3). The applicant addresses the appellant's argument in Attachment 1 on p. 9. Staff also contacted the City's transportation consultant on July 19 for his comment on the issue as the two documents describe, and he e-mailed the same day that: "[1]n my June 1 memo I made the following comment: `The TIA analysis should be revised to include Project Basie trips.' This would be added to the pre- development background plus in-process analysis scenario. [E]ven if the applicant were to submit a revised TIA to include Project Basie as noted, it is my conclusion that this would not change any of the mitigation conditions of approval. To wit, these are conditions for mitigation for impacts to intersections with elevated crash rates or mobility threshold exceedances, which would not change even including Project Basie trips in the pre-development analysis ... ." 2. Applicant's Request for Approval of Site Plan Option 2 174 Honorable Mayor and City Council July 25, 2022 (Appeal of CU 21-02 US Market Gas Station) Page 7 As noted previously, the applicant submitted a Phasing Plan application for consideration of developing two slightly different site plan options. As part of the final decision, the Planning Commission added a condition striking the allowance for the developer to refine and construct site plan Option 2. In addition to responding to the appellant's grounds for appeal, the applicant's attorney also sets out in the Memorandum (Attachment 1, pages 10-12), a request urging the City Council to approve its Site Plan Option 2 over the approval of the current Option 1 . The applicant's primary argument supporting Option#2 is related to the ODOT grant-of-access approval process: "Option #2 eliminates the cross access issue, and is a site plan that ODOT Access Management can support. . . Having a site plan that ODOT prefers makes the most sense and provides the best and fastest path to construction of the project." Next Steps If the Council were to act upon the recommendation, staff would return with a final decision document for consideration on August 8, 2022. FINANCIAL IMPACT: None. ATTACHMENTS: 1 . Applicant's response to appeal issues (July 19, 2022; 12 pages) 2. Appellant's letter of appeal (June 21 , 2022; 3 pages) 3. Planning Commission June 9, 2022 final decision and attachments: 101 . Marked Tax Map 102A. Public Works comments (May 5, 2022; 2 pages) 102B. Agency commentary ODOT e-mail with two exhibits (May 4, 2021 ; 15 pages) 103A. Application materials / site plans Option 1 (Feb. 9, 2022; 3 sheets) 104. Transportation System Plan (TSP) Fig. 2 "Functional Roadway Classification" 201 .* CU 21-02 US Market Gas Station: Dictionary & Glossary 175 Honorable Mayor and City Council July 25, 2022 (Appeal of CU 21-02 US Market Gas Station) Page 8 202. CU 21-02 US Market Gas Station: Civil Engineering Plan (CEP) Review Provisions 203. CU 21-02 US Market Gas Station: Conditioned Fees *The 200 series of attachments are details for the conditions of approval. 4. Planning Commission June 9, 2022 Staff Report and attachments not attached to the final decision: 102. Analyses & Findings 103B. Application materials / site plans Option 2 (May 2, 2020; 5 sheets) 5. Applicant's copy of ODOT July 19, 2022 e-mail (received July 20, 2022; 1 page) 6. Petition from "citizens of Woodburn Estates" (July 20, 2022; 3 pages) 176 I BEFORE THE CITY COUNCIL 2 FOR THE CITY OF WOODBURN 3 In the Matter of the Application of: ) Case No. CU 21-02 4 WOODBURN PETROLEUM, LLC ) Corollary Cases: DR 21-10, and Ronald James Ped, Architect ) EXCP 21-05 and PP 21-01 5 ) For property located at 2540 and 2600 ) MEMORANDUM IN SUPPORT 6 Newberg Highway ) OF THE APPLICATION 7 COMES NOW the Applicant, by and through their attorney, Wallace W. Lien, and does 8 hereby submit the following evidence and testimony in support of the above referenced application 9 and in answer to the appeal of the Planning Commission approval of said application. 10 1. RESPONSE TO APPEAL ISSUE NO. 1 11 The first issue raised in this appeal is the alleged lack of findings in the Planning Commission 12 decision,and in the alternative that what findings that were adopted are inadequate,not supported by 13 substantial evidence or improperly defer compliance with approval criteria. 14 Once the Planning Commission decision was appealed, jurisdiction moved to the City 15 Council. It is the City Council that will make a final decision,which decision will include adequate 16 findings that are supported by substantial evidence and will not improperly defer any approval criteria 17 compliance. As such this first issue is essentially moot. 18 The Applicant offers to assist the City in the preparation of such findings, if such assistance 19 is requested. 20 2. RESPONSE TO APPEAL ISSUE NO. 2 21 The second appeal issue involves an allegation that Conditions D3 and CU9.d.2(c) are too 22 vague or improperly defer compliance to staff in violation of state law and WDO 4.01.06.A and 23 4.02.07. The allegation goes on to allege other unidentified conditions are similarly compromised. 24 The appeal does not cite to any specific provision in state law to support its claim,therefore 25 it is impossible to respond to. Such an allegation is not raised with sufficient specificity to warrant 26 the need for a response by the City. Similarly, citing to unidentified conditions is not sufficient to PAGE 1 -Memorandum in Support of the Application i::"Ilty COL11116JLfly25, 202 CU 21 02 ..p 111 WALLACE W II . 4. 1004 Crescent Dr NW,Salem,Oregon 97304.503.585-0105 office � -� t ' Contact by e•moil ot:wallace.lien@lienlow.com 177 I properly raise any issue as to any conditions but the two that are specifically stated. Because of this, 2 only Conditions D3 and CU9.d.2(c) are properly raised and which will be addressed here, 3 A. Condition D3 relates to parking and vehicular circulation directional markings/signage. 4 This condition states: 5 To conform to WDO 3.05.02J, during building permit review the Director may administratively establish details,specifications,andrevisions to administer the WDO 6 section. Further site plan revisions necessary to conform, if any, shall be due by buildingpermit issuance. 7 8 In order to understand this condition, it is necessary to review WDO 3.05.02.J which states that all 9 uses required to provide 20 or more off-street parking spaces shall have directional markings or signs 10 to control vehicle movement, and any dead-end drive aisle 50 feet or longer shall have an 11 MUTCD-compliant"no outlet"sign. 12 Compliance with WDO 3.05.2) is not an approval standard, but instead is a developmental 13 regulation that applies to how a site is constructed once all of the actual land use approval criteria are 14 complied with. It is only appeal of issues that actually relate to approval criteria that are subject to 15 a legitimate appeal. 16 The appeal does not state in what manner it is alleged this condition is vague,just that they 17 say it is so. What WDO 3.05,02J provides is the need for directional signs and markings. This 18 condition requires compliance with that code provision, and simply advises staff to establish the 19 details and specifications of the directional signs and markings. Such a task is best carried out by 20 staff,as it is notthe responsibility ofthe City Council to decide what size and color and location such 21 signs are to be made. 22 Further,there is no delegation of compliance, The condition clearly states the intention that 23 WDO 3.05.02J is to be complied with,therefore the directional signs and marking have to be in place. 24 The details of how and where that happens certainly can be left up to staff to decide during the 25 building permit process. 26 To the extent the City Council believes that clarification in the language of Condition D3 is PAGE 2 -Memorandum in Support of the Application WALLACE W. LIEN 1004 Crescent Dr NW,Salem,Oregon 97304.503-585.0105 office Contact by e-mail at:wallace.lien@lienlaw.cam 178 1 necessary such can be made as part of the City Council's final decision. 2 B. Condition CU9.d.2(c)relates to the issue of cross access between parcels. That condition 3 states: 4 Ifaffler 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 5 concerning vehicular access, then the developer may request and the Director may administratively approve in writing changes to administration or conformance to 6 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 7 developer application for any of Extension of a Development Decision per WDO 4.02.05 or Modification of Conditions per WDO 4.02.07. 8 9 As before,the appeal does not state in what manner it is alleged this condition is vague,just that they 10 say it is so,which simply isn't good enough. This condition of approval is advisory,as it only comes 11 into play if ODOT objects to the method of implementation utilized by the City in the final decision. 12 If ODOT does not object, this condition never has to be addressed. Conditions that relate to post- 13 approval administration of the decision do not rise to the level of compliance with approval criteria, 14 and therefore are not the appropriate subject of an appeal here. The language used in this condition 15 clearly states the intent of the City in how to deal with post-approval issues.' 16 Further, there is no delegation of compliance. The condition clearly states the intention that 17 the City will accommodate the ODOT factor. Further,if there is to be an Extension or Modification 18 of the site plan, the condition specifies that such an application will be required and it will be 19 processed according to the provisions of the WDO,which would include notice and opportunity to 20 be heard which is all that is necessary. 21 To the extent the City Council believes that clarification in the language of Condition 22 CU9.d.2(c) is necessary, such can be made as part of the City Council's final decision. 23 24 1 25 The Applicant believes the most appropriate response to the issue of cross access is to adopt Option#2 which ODOT has stated its Access Committee could support. See Section 7 26 hereof for other reasons why Option#2 should be adopted over Option#1. PAGE 3-Memorandum in Support of the Application WALLACE W. LIEN 1004 Crescent Dr NW,Salem,Oregon 97304.503-585-0105 office Contact by e-mail at:wollace.lien@lienlow.com 179 I C. The appeal cites to violations of WDO 4.01.06.A which grants the City the right to impose 2 conditions of approval that are reasonably related to impacts caused by the development or designed 3 to ensure that all applicable approval standards are,or can be,met. All conditions must be clear and 4 objective,or if the condition requires discretion,opportunity for a public hearing is made. As noted 5 above,there is nothing in these conditions that are not clear and objective, or for which provision is 6 made for future opportunity to be heard. There is no violation of WDO 4.01.06.A. 7 The appeal also alleges a violation of WDO 4.02.07, which provides that any request to 8 modify a condition of approval is to be considered pursuant to the procedure and the standards and 9 criteria applicable to a new application of the type of permit or zone change that is proposed to be 10 amended, except that the modification of a condition limiting the use of property may only be 11 considered as a Type IV Official Zoning Map Change application. This provision applies only to 12 post-approval applications to modify conditions that were adopted in a previous decision. That is 13 certainly not the situation involved here,therefore this code provision is not even applicable. 14 3. RESPONSE TO APPEAL ISSUE NO. 3 15 The appeal alleges that Option #1 which was approved by the Planning Commission was 16 adopted in error,contending thatthere is no evidence of feasibility of eventual ODOT approval of that 17 Option. The key allegation here is the legal standard of feasibility. It is true that conditions imposed 18 for compliance with approval criteria must have evidence to show that compliance is feasible, 19 however the appeal overstates what it takes to meet the feasibility requirement. 20 Feasibility simply means that an applicant is not prohibited as a matter of law from obtaining 21 the ODOT approval. Citizens for Responsible Development v. City of The Dalles,59 Or LUBA 369 22 (2009). So long as there is a process to follow,and the potential for ultimate approval from ODOT, 23 the condition requiring eventual ODOT approval is lawful. There is evidence in this Record from 24 ODOT that indicates ODOT approval is not prohibited, and that there is a process for obtaining 25 ODOT approval. See ODOT Memo of May 4,2022,Attachment 102B to the Planning Commission 26 decision. PAGE 4-Memorandum in Support of the Application WALLACE W. LIEN 1004 Crescent Dr NW,Salem,Oregon 97304.503-585-0105 office Contact by e-mail at:wallace.lien@lienlow.com 180 I That being said, the Applicant here is urging the City to adopt Option #2 which also needs 2 ODOT's blessing, but for which ODOT appears much more amenable to approve. For a more 3 detailed discussion of why Option#2 is the better site plan see Section 7 below. 4 4. RESPONSE TO APPEAL ISSUE NO. 4 5 This appeal issue alleges that a condition of approval is needed to mitigate an alleged elevated 6 crash rate at the intersection of Highway 214 and Oregon Way. 7 The appellant's premise for this appeal issue is that the proposed project will elevate the crash 8 rates at the intersection of Highway 214 and Oregon Way,citing to the May 10,2022 OTAK Memo. 9 However, OTAK directly addressed the issue of crash rates in a subsequent Memo dated May 18, 10 2022, where at page 4, it was said: 11 The TIA identified the intersection of OR 214 and Oregon Way/Country Club Road as having an existing elevated crash rate that exceeds ODOT's 90th percentile crash 12 rate for these types of intersections. Potentially adding trips could exacerbate this condition. However, within the past month ODOT has converted the east-west left 13 turn signal from flashing yellow arrow to protected left turns, which should alleviate the elevated crash rate condition. Thus,with this signal modification in place, no 14 mitigation requirement would be placed on US Market to contribute toward mitigating the elevated crash rate condition. (Emphasis Supplied) 15 16 Therefore,based on the most recent OTAK Memo,no mitigation condition of approval is necessary 17 in this case. 18 It should also be noted that,as conceded by the appellant,this issue arises only if it is Option 19 #I that is adopted. In the event of adoption of Option#2,the safer traffic maneuvers provided there 20 will further mitigate the crash rate. This issue is addressed in detail by the attached Memo from the 21 Applicant's Transight Consulting as follows: 22 The ideal access option within this area is to serve the combined site from Oregon Way. This is the lowest-volume abuttingstreet, and itprovides a signalized connection 23 to acces$ or cross OR 214. Increased access onto Oregon Way reduces the number of cars weaving or making U-turns on the highway, and since these movements 24 contain elevated crash rates, by reducing these maneuvers it improves safety. 25 The first access option("Option 2')presented is the most intuitive. It allows vehicles exiting the convenience market and fuel center access onto Oregon Way to use the 26 traffic signal. This option supports exiting truck turning movements and makes the site PAGE 5-Memorandum in Support of the Application WALLACE W. LIEN 1004 Crescent Dr NW,Salem,Oregon 97304.503-585-0105 office Conloct by e-mail at:wolloce.lien@lienlow.com 181 I more functional. It also reduces the amount of traffic accessing directly onto OR 214, thereby reducing the weaving and U-turn maneuvers that were raised as concerns by 2 the City. The limitation with this access configuration is that it makes access from westbound OR 214 difficult,forcing these motorists to make a U-turn at the Evergreen 3 Road traffic signal(which has the highest crash rate within this area). 4 While the appellant seeks an unnecessary condition of approval to provide safe turning movements 5 at this intersection,the better approach is the adoption of Option#2 instead of Option#1. 6 5. RESPONSE TO APPEAL ISSUE NO. 5 7 The next appeal issue challenges the staff report regarding the exception to street right of way 8 and improvement requirements. The appeal argues that the staff report contains the findings to 9 support the exception grant,and that those findings are illogical,unresponsive and not supported by 10 substantial evidence. The appeal does not explain what portions of the staff report are bad, nor is it 11 set forth how the decision is bad, or what parts are not supported by evidence. As such this appeal 12 issue is not stated with sufficient specificity for the City to respond to. It is not for the Applicant or 13 the City to guess what it is that the appellant thinks is wrong. Reference to an entire staff report 14 without more specificity is simply not good enough to warrant a response. 15 The exception referred to is EXCP 21-05 (See page 18 of the Planning Commission Decision). 16 The findings here require the following dedication of right of way and construction of improvements: 17 a. Dedication, if necessary, to bring the Major Arterial into conformance with WDO 18 Figure 3.0113; and 19 b. Dedication, if necessary, to bring the Access Street into conformance with WDO 20 Figure 3.01E; and 21 C. Dedication,if necessary,to provide for Public Utility Easements in conformance with 22 WDO Figure 3.01 B and 3.02.01 F.2; and 23 d. Fees are required to be paid in lieu of highway and parking improvements, which is 24 a standard procedure authorized by the WDO; and 25 C. Landscaping and sidewalk requirements are all pursuant to WDO 3.01.04B 26 PAGE 6-Memorandum in Support of the Application WALLACE W. LIEN 1004 Crescent Dr NW,Salem,Oregon 97304.503-585-0105 office Contact by e-mail at:wallace.lien@lienlow.com 182 1 These requirements are stated in clear and objective language,and are very logical in light of the site 2 design for the project. Conditions of approval do not have to be supported by evidence, that 3 requirement only applies to findings. The applicant has to comply with the conditions imposed or 4 no building permit will be issued. 5 Staff s findings are clear, unambiguous and are supported by evidence in the Record in the 6 form of the site design drawings. Explanation of compliance with WDO 5.03.03 is set forth in 7 Attachment 102,relevant excerpts of which follow: 8 The existing frontages on Hwy 214 and Oregon Way meet the WDO standards with the exception of the landscape strip and sidewalk being reversed. On Hwy 214 9 conforming strictly to the WDO standards would actually narrow the road by 6'to add a landscape strip adjacent to the roadway, see A1.1. Changing this would not affect 10 the extent to which the right of way and improvements will be used by persons served by the building or development. 11 Staffconcurs about no effecton the extentto which the rightofway and improvements 12 will be used by persons served by the development in the sense that there are at present and will remain the same number of vehicular lanes along both frontages, 13 highway bicycle lane, and sidewalks. The proposed land uses of gas station and convenience store are for convenience and not safety. 14 Relative to Figure 3.01B, highway non-conformance is limited to lack ofplanter strip 15 and street trees. Conventional traffic engineering does not address effects of development on walking and cycling as it does for vehicular trips, there is no widely 16 recognized norm for how to address such, and the WDOprovides no guidance on the topic. Second, the north frontage context is strip commercial along a heavily 17 trafficked state highway, the kind of dangerous and noisy environment that repels pedestrian and cyclists. Those who do walk and cycle are likely those who are living 18 nearby, the homeless, those without access to car, and those few who wish to brave existing conditions. The presence of a sidewalk is sufficient for sheer practicality for 19 those who wish to walk along a highway or cycle outside of the bicycle lane because they don't feel safe in a highway bicycle lane. In this context, the number of 20 pedestrians and off-street cyclists is moot. Pedestrians and cautious cyclists can and do use the wide sidewalk today, and the pedestrians and cautious cyclists the 21 development might attract would use the same wide sidewalk. 22 Relative to Figure 3.01E, Oregon Way non-conformance is limited to lack ofparking lane, planter strip, and street trees. Staff applies conditions that excepts only the 23 parkinglane but also requiresfee in lieu ofsuch parking.Additionally, the conditions require wider planter strip and wider sidewalk exceeding the minimums of Figure 24 3.01E. Like conventional development and zoning codes, the WDO requires off-street parking for almost all developments, including the subject development, so the 25 absence of on-street parking is not of concern from this perspective. Second, pedestrians and cautious cyclists can and do use the narrow curb-tight sidewalk 26 today, and the pedestrians and cautious cyclists the development might attract would PAGE 7-Memorandum in Support of the Application WALLACE W. LIEN 1004 Crescent Dr NW,Salem,Oregon 97304.503-585-0105 office Contact by e-mail at:wolloce.lien@lienlow.com 183 1 use the new wider sidewalk. Third, Figure 3.01 E does not account for the presence of a left turn lane at intersections, and such exists because of ODOT, and given that 2 ODOT and the Public Works Department assume its continued existence, Public Works assumes that the developer would adapt required Oregon Way half-street 3 improvements to fit along the turn lane, and that ODOT typically asks that there be no on-street parking within a certain distance of state highway intersections, usually 4 50 ft, it is reasonable in this case to allow for fee in lieu of what little on-street parking a civil engineer could fit. 5 As stated above there is no change to the extent of use from existing conditions to 6 WDO standards, thus no improvements are needed to meet the estimated use, beyond those shown on the submitted plans. 7 About Street Exceptions in general, Planning staff adds that the Public Works 8 Department is content with frontages along the corridor, and defers to ODOT for developments where ODOT has jurisdiction. By 2015, ODOT improved the I-5 9 interchange and as part of that project widened OR 214 east of the interchange to a little east of Oregon Way.As expected, the agency constructed to its own economized 10 standards, which resulted in curb-tight sidewalk, though wide at about 8 fl; no street trees, and no burial of the south side overhead electric power lines. Also, until late 11 2017 and early 2018, staff approved any Street Exception that a developer requested, and Planning staff experience in these years was that the Public Works Department 12 prefers curb-tight sidewalk and existing conditions anyway generally beyond curbs as long as there were minimum improvements to driving area between curbs and 13 subsurface/underground potable water, sanitary sewer, and stormwater utilities. In more recent years, Planning staff took the lead in at least imposing conditions on 14 Street Exception approvals to get a degree of improvements and/or fees in-lieu. Regarding OR 214, Planning staff years ago recognized the de facto policy decision 15 by other departments to leave the ODOT-improved segment as is and not have individual redevelopments upgrade. their frontages to have landscape strips, new 16 sidewalk that conforms, and buried power lines redevelopment by redevelopment. 17 Through both conditional use and Street Exception,Planning staffapplies conditions that grant EXCP approval for both frontages, but also to give the City some public 18 benefit for leaving the highway as is or mostly as is and for Oregon way not having required on-street parking; require the developer to make the Oregon Way frontage 19 the best for pedestrians through wide landscape strip with street trees, wide sidewalk, and setting maximums for Oregon Way driveway width; and securing fees in-lieu. 20 The staff report goes on to list out with engineering calculations the actual fees to be paid for the in- 21 lieu conditions. 22 The current findings and conditions are sufficient for compliance with the approval criteria 23 for Exceptions. 24 25 26 PAGE 8-Memorandum in Support of the Application WALLACE W. LIEN 1004 Crescent Dr NW,Salem,Oregon 97304.503-585-0105 office Contact by e-mail at:wallace.lienPlienlow.com 184 1 6. RESPONSE TO APPEAL ISSUE #6 2 The last issue raised in this appeal is a categorical refuting of Option#1,as not being able to 3 meet the unnamed"traffic-related criteria". The Applicant does not agree with the allegations in the 4 appeal, but does agree that Option#1 should not be adopted, in favor of adoption of Option#2. 5 As with most of the appeal, this issue is not raised with sufficient specificity to warrant a 6 response from the City or the Applicant. Appellant does not set forth any specific provisions of the 7 WDO that are alleged to be violated in the Planning Commission decision. Simply saying"traffic- 8 related criteria" is not good enough. 9 The issue of cross access was raised in a previous allegation,and responded to above,which 10 response does not need to be repeated here. 11 The issue of inclusion of the amount of trip generation from this project is discussed in detail 12 by the engineers at Transight Consulting in the Memo dated July 18, 2022 that is submitted 13 contemporaneously herewith. In particular,the issue of inclusion of Project Basie traffic is addressed 14 as follows: 15 A comment raised by the opposing gas station's engineer was that our project did not account for Project Basie, which is the new Amazon distribution facility that is now 16 under construction. When the traffic report was prepared this facility was not under construction, was not listed on the City's website as an approved "In Process" 17 development, and our discussion with Dago did not identify this as a project to include because it was not approved (it appears that this was intended to remain 18 confidential during the entitlements period). Our June 2021 confirmation of in- process developments with staff followed discussion with Dago, our review of the 19 enclosed map of locations to include and was followed by validation in our email correspondence. OTAK's review comment that this was "a memo with no apparent 20 response" is an incorrect reflection of our discussion and diligence, yet still clearly pre-dates the submitted TIA for ProjectBasie that occurred in September 2021. 21 As previously discussed and agreed to within the City consultant comments, the 22 proposed redevelopment of the banks to a fuel center, convenience market, and office generates fewer peak hour trips. Accordingly, no updates to the analysis presented 23 within Project Basie are needed, as conditions will operate better than those reported within this previously approved report.As noted in Comment 92, our trip generation 24 estimates for the US Market site are very conservative, and reflect the upper-end estimates for this type of use. 25 Finally, Project Basie was a rezone project that has a higher burden of proof. The 26 analysis for Project Basie is required to modify the City's adopted Transportation PAGE 9-Memorandum in Support of the Application WALLACE W. LIEN 1004 Crescent Dr NW,Salem,Oregon 97304.503-585-0105 office Contact by e-mail at:walloce.lien@lienlow.com 185 I System Plan by showing that all developable lands plus its impact are accounted for. The Project Basie analysis (prepared by the Opposition Traffic Engineer's firm) did 2 not appear to account for the entitlements of the former bank sites in its near-term analysis, or the allowable site uses in the long-term analysis. 3 While the US Market site reduces peak hour trips on the system, Project Basie adds 4 between 176 peak hour trips on the system (as assessed in the Kittelson Transportation Impact Analysis based on their own estimated trip generation 5 methodology) and 3,959 peak hour trips (increased to 4,787 in the more current ITE manual), or a factor of 22 times the number of peak hour trips assessed based on 6 national ITE trip generation estimates assessed at numerous other sites of similar scale, see Figures 3 and 4. If the actual trip rates at the Amazon facility mirror those 7 at other high cube fulfillment centers this level of trips would require its own dedicated four-lane facility. For this reason, the burden ofproofon a zone change is 8 much higher and it must accountfor other developable lands as itseeks to amend both the Transportation System Plan amendment and the supporting Interchange Area 9 Management Plan. 10 The US Market site is in no way opposed to Project Basie and fully intends to serve its patrons with competitiveproducts and lower-costfuel options. With the USMarket 11 showing less trips during the critical evening commute period than the banks operations will be better than those shown in the Project Basie report, regardless of 12 whether or not Project Basle's actual trip rates reflect those presented by the Opposition Engineer's report or the much higher trip rates within national surveys 13 of similar locations. 14 The technical issues related to transportation planning are clearly set out and are supported by the 15 engineering evidence. Any allegations of error in this issue is incorrect and should be rejected. 16 7. ADOPTION OF OPTION 2 17 The only real substantive issue left in this case is whether to adopt the site plan Option#1,or 18 to adopt Option#2. The Applicant urges the City to adopt Option#2 for the following reasons: 19 a. The motivation for this appeal lies not in the good administration of land use laws and 20 sound planning,but an attempt to thwart competition. This motivation shows in the lack of foresight 21 put in to the appeal allegations. Competition is the foundation of our free market economic system. 22 It is good for the public in stablizing pricing and ensuring adequate supply of reasonably priced goods. 23 The conglomeration of the four gas station owners who comprise the appellants here have banned 24 together to stop a competitor from entering the market. The City has an obligation to foster 25 competition and to ignore the monopolistic intentions of the other gas station owners. 26 b. Option #2 eliminates the cross access issue, and is a site plan that ODOT Access PAGE 10-Memorandum in Support of the Application WALLACE W. LIEN 1004 Crescent Dr NW,Solem,Oregon 97304.503-585-0105 office Contact by a-mail at:wolloce.lien@lienlow.com 186 I Management can support. While both Options have the requirement of submitting to the ODOT 2 Grant of Access modification process,Option#1 is not preferred by ODOT because it would require 3 Dairy Queen and/or Dutch Brothers to close their driveways, which they would rightly never agree 4 to do. As noted above, Option #2 is the preferred alternative as it does not require closure of the 5 neighbors access driveways. Having a site plan that ODOT prefers makes the most sense and 6 provides the best and fasted path to construction of the project. 7 c. Option #2 allows safer and more efficient turning movements onto Oregon Way and 8 through its intersection with Highway 214. As noted above,this eliminates the U-Turn movements 9 through that intersection that may be experienced with Option#1. 10 d. Option#2 is the most intuitive site plan.It allows vehicles exiting the convenience market 11 and fuel center access onto Oregon Way to use the traffic signal at Highway 214. This option further 12 supports exiting truck turning movements and makes the site more functional. It also reduces the 13 amount of traffic accessing directly onto OR 214. 14 e. Option #2 allows the now vacant site to be developed much sooner because of the 15 preference for this option. Converting this now vacant site to a fully operational commercial facility 16 will greatly benefit the City in the aesthetics of the area, but also the public in providing additional 17 competition in the fuel market. 18 f. The Mass of the C store between the gas stations in Option #2 will do a better job of 19 screening light, noise that filters to the senior apartments(on the south) than Option#1. Parking on 20 south side of the C-Store will be a lower number of movements than the high turnover space on the 21 North side of the C store. The parking at the south property line would be employees. 22 g. The low impact parking behind C store in Option#2 will provide more visual relief from 23 the residential properties to the south. Option#1 is 10' from the 8' Masonry wall where Option#2 24 is 58'. The Senior apartments are 120' south of the development,which makes the blank side of the 25 building over half a football field away. 26 h. The Option#2 office on the corner(as opposed to Office at the south side of Option#1 and PAGE 11 -Memorandum in Support of the Application WALLACE W. LIEN 1004 Crescent Dr NW,Salem,Oregon 97304.503-585-0105 office Contact by e-mail of:wallace.lien@lienlow.com 187 I the office adjacent C-store) is smaller. Option#2 is 3,649 sf, where Option #1 is much bigger at 2 6,836 s£ This is a 53%reduction in building area. There is a linear reduction between traffic count 3 and area. The TIA did not account for this reduction, which means less traffic generation in Option 4 #2.This reduction in traffic generation would support traffic safety by reducing the number of cars. 5 I. The gas pumps in Option#2 will be 170'from the south property line,where in Option#1, 6 the pumps are only 158' feet from that property line. This means reduced vapors to the south. 7 8. CONCLUSION 8 With the exception of the adoption of Option #1 instead of the preferable Option #2, the 9 Applicant concurs with the decision,findings and conditions imposed by the Planning Commission. 10 The Applicant urges the City Council to approve these applications with the adoption of 11 Option#2 instead of Option#1 as the better site plan for the City, the neighbors and the Applicant. 12 DATED this 18th day of July, 2022. 13 14 15 Wallace W. Den, O B No. 793011 16 Attorney for Applicant 17 18 19 20 21 22 23 24 25 26 PAGE 12-Memorandum in Support of the Application WALLACE W. LIEN 1004 Crescent Dr NW,Salem,Oregon 97304.503-585-0105 office Contact by e-mail at:wolloce.lien@lienlow.com 188 David J.Petersen � @ david. etersen tonkon.com P Admitted to Practice in Oregon and California 503.802.2054 direct 503.221.1440 main June 21, 2022 VIA HAND DELIVERY Woodburn City Council c/o Chris Kerr, Community Development Director 270 Montgomery Street Woodburn, OR 97071 Re: Woodburn Fast Sery Inc. and LB Group, LLC 2540-2600 Newberg Highway, Woodburn, OR City File No. CU 21-02 Planning Commission Final Order dated June 9, 2022 Dear City Council: This firm's clients Woodburn Fast Sery Inc. and LB Group, LLC appeal the above- referenced decision of the Woodburn Planning Commission. This letter is attached to the appellants' appeal notice pursuant to WDO 4.02.01. As an initial matter, it is not clear when notice of the Planning Commission's final decision was given, which means it is not clear when the appeal period expires. The order itself is dated June 9, which seems inaccurate since the Planning Commission hearing did not end until 9:30 that evening. The order is signed by the Commission Chair on June 14. There is no affidavit of mailing attesting to service of the final order on parties entitled to notice, but the postmark on the envelope mailing the notice to me is dated June 15. Mr. Cortes confirmed to me in an e-mail earlier today that the date of mailing is June 15. Nonetheless, without an affidavit of notice the appellants reserve the right to dispute any calculation of the appeal deadline. The underlying land use matter is a Type III decision. The appellants have standing to appeal under WDO 4.02.01.A.3 because they participated orally and in writing in the Planning Commission proceedings below. The grounds for appeal are as follows: • The Planning Commission's order does not make any findings with respect to the applicable approval criteria, and is therefore inadequate. Findings were recommended to the Planning Commission in the staff report dated June 2, AP I nadlh+ :krm"I In, 3318SW$O.hAve 'o` ii1'ei&'(W � ftoba0OR 972041 189 City of Woodburn City Council June 21, 2022 Page 2 2022, but nowhere does the final order adopt, modify or incorporate those findings, nor does the Planning Commission make its own findings. • Even if staffs recommended findings from the June 2 staff report are considered to have been incorporated into the final decision, those findings are inadequate with respect to numerous approval criteria by either failing to find that the criteria are satisfied, making findings not supported by substantial evidence in the record or improperly deferring a determination of compliance to administrative staff. • Several conditions of approval are too vague, or improperly defer a determination of compliance to administrative staff, in violation of state law and WDO 4.01.06.A and 4.02.07. These conditions include, but are not limited to, conditions D3 and CU9.D.2(c). • The applicant's Option 1, which is the only site plan approved by the Planning Commission, is not feasible because the applicant has provided no evidence that ODOT will lift the deed restriction that must be removed to allow the internal site circulation of Option 1 to work. As the City's own transportation consultant stated in a letter to the Community Development Director dated June 1, 2022: The Transight statement in the new TIA does not address how their cross- circulation proposal avoids this violation, as the shifting of access to a shared access just to the west of the current RIRO [right in right out] driveway would still need ODOT approval and approach permit, and [the] Applicant would need to be successful arguing to ODOT that the existing RIRO driveway would be closed and replaced with this new, shared access and thus, they would need to argite that this new shared access driveway does not have the same deed restriction as the current driveway. Additionally, they have not presented any evidence that the properties to the west, not subject to the site development proposal, have agreed to this [change] of access and granting of shared access easements. • The applicant's traffic consultant acknowledges that Option 1 exacerbates an existing elevated crash rate at the OR 214/Oregon Way intersection, yet no condition is imposed to mitigate this adverse impact on the transportation system. As the City's transportation consultant stated in a letter to the Community Development Director dated May 10, 2022: The TIA indicated that the OR 214/0regon Way intersection has an elevated crash rate under existing conditions, primarily due to left turns at this flashing yellow arrow left turn signal. Not only would the additional trips likely exacerbate this condition, but would require a quick multi-lane weave maneuver across eastbound OR 214, which increases the risk of collisions due to such a maneuver...[Sjhould the applicant be successful in achieving ODOT approval of a shared, public access easement between the two tax lots and thus provide for on-site circulation that provides access for_both lots to the right-in/right-out driveway on OR 214 as well as the fidl access onta' " 190 City of Woodburn City Council June 21, 2022 Page 3 Oregon Way, the driveway onto OR 214 should be [designed] and signed so as to prohibit vehicles turning right onto OR 214 and then crossing traffic lanes to turn left onto northbound Country Club Road (a multi-lane weaving maneuver over a short distance). • Assuming it was adopted by the Planning Commission as its own findings, the analysis in the June 2 staff report in support of the grant of an exception to street right of way and improvement requirements is illogical, unresponsive to the applicable criteria and not supported by substantial evidence in the record. • The approval does not meet the applicable traffic-related criteria as described in the May 10, 2022 and June 1, 2022 memoranda from the City's transportation consultant. As noted above, Option 1 does not provide adequate access between the two lots that is consistent with ODOT's deed restrictions on the site. Also, the applicant's traffic impact analysis is inadequate for failure to include the significant number of additional vehicle trips and turning movements associated with the approved Project Basle. As the City's transportation consultant stated in a letter to the Community Development Director dated June 1, 2022: Project Basie has been approved, US Market has not. The reference to a memo submitted to city staff in July 2021, with no apparent response„ does not change the fact that there was never a scoping approved,for a TIA for this site, and such a scoping request would have yielded Project Basie as a pending in process development. The TIA analysis should be revised to include Project Basie trips. Best regards, h smw"'" u.9i:+5/rR"�r✓ �af� N v+..ww.,,..+rc.J David J. Petersen DJPlrkb cc (via e-mail): Robert J. Barman Garry L. LaPoint Wayne K. Kittelson Danny Draper V`u 2022 042947\0000 I\13 729516v 1 191 / r l , i ODBURN Incorporated 9889 Final Decision Planning Commission File number(s): CU 21-02, DR 21-10, EXCP 21-05, & PP 21-01 Project name: US Market gas station Date of decision: June 9, 2022 Applicant: Ronald "Ron"James Ped, Ronald James Ped Architect, PC, 145 21"St SE, Salem, OR 97301-8846 Landowner: Lal Din Sidhu ("Don" Sidhu), Woodburn Petroleum LLC, 1038 Broadway St NE, Salem, OR 97301-1276 Site location: 2540& 2600 Newberg Hwy(OR Hwy 214);Tax Lots 052W12DB03700 [primary] &3600 Summary: The Planning Commission held a public hearing on June 9, 2022 and by a vote of 4-1 approved the consolidated applications package (Type III)with the conditions recommended by staff through the staff report published June 2, except for two revision items: 1. Raising the Architectural Wall minimum height along the Panor 360 condominiums boundary (950 Evergreen Rd;Tax Lot 052W12DB90000)from 8 to 9 feet, which is the maximum that Woodburn Development Ordinance (WDO) 2.06.02C.1 allows, and striking allowance for that wall to have upper segments of cedar wood between columns/piers. 2. Striking allowance for the developer to refine and construct site plan Option 2, the one that the applicant had drafted because of Oregon Department of Transportation (ODOT) highway access restrictions. They are shown below in strikethrough-and-underline text. The request is for conditional use (for a gas station), design review, Exception to Street Right of Way and Improvement Requirements ("Street Exception"), and phasing plan application types to develop a corner site of two lots totaling approximately 1.42 acres into a gas station with convenience store as well as speculative commercial office area. (There is no lot consolidation.) The subject property is in the Commercial General (CG) zoning district. Several parties testified (besides the applicant). The table below in the 'Testifiers" section lists them. ................................................................................................................................................................................ ::lit :,OL.uu lilt JL ll 2 , 2022 Section references are to the VICe.q. .. .!..!::.!!..... . .0 ..q.l .!: p:.�"..!!.�:... .!::.oj.n.a..i"!.�:.e (. . .. ..�. :,U 21...02 AppedI Attachirrient 192 Conditions of Approval: General G1. By and 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 by the Building Division. 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 3.01.02 and 4.02.12 through Ordinance No. 2602 (LA 21-01) unless if and where a condition of approval has more restrictive timing. b. Where phasing is relevant, building permit issuance means issuance for the phase in which the conditioned improvement is located. c. Where changes to street addresses are necessary,the developer shall apply through the Planning Division for and obtain approval of an rrI::r „i„giri,rnr„i rt lfr„runt. This is due prior to building permit application, and if property line adjustment or lot consolidation were to become relevant, then also after recordation with County. G5. Recordation due dates: The applicant shall apply to the County for recordations of items that the City requires no later than six (6) months prior to expiration of the land use approval as WDO 4.02.04B establishes, and shall complete recordations no later than three years past the land use "final decision” date. The due date to complete recordations shall not supersede when recordations are due relative to the building permit stage. G6. Fees: The developer shall pay fees per Attachment 203. CU 21-02 US Market gas station—Planning Commission Final Decision -Page 2 of 24 193 Phasing Plan 21-01 PP. Phasing Plan: 1. Options 1 & 2: The developer may develop a site plan revised to conform to conditions of approval and based on either: a. Option 1: The site plan concept last revised and re-submitted for land use review on February 9, 2022 and premised on there being no ODOT factor(see the ODOT factor condition) b. Option 2- The different site plan Fevised- and- submitted May 2,2022 ll;Femised eR the This due by building permit application. 2. Basic Descriptions: a. Option 1: See Exhibit PPI below for plan details. (1) On Tax Lot 3600 (east, corner lot), a single northeast building of with convenience store of 4,110 sq ft and a commercial office of 1,863 sq ft. (2) On Tax Lot 3700 (west, interior lot), a north fuel pump canopy and a south commercial office building of 5,000 sq ft. b. Option 2: See Exhibit PP2 below for plan details. (1) On Tax Lot 3600 (east, corner lot), a single northeast commercial office building of 3,649 sq ft. (2) On Tax Lot 3700 (west, interior lot), a north fuel pump canopy and a south convenience store of 4,314 sq ft. 3. Phasing: The developer may phase: a. Option 1: To develop the south office building and necessary corollary improvements later than the gas station complex of convenience store, attached commercial office, and fuel pump canopy and necessary corollary improvements. 119. QPVGR 2: To develop at differeRt times (1)the gas statieR complem Of GGRVP-RiP-RGP ster 4. All conditions apply to any option, 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. 5. By and as part of building permit application, the applicant shall submit revised site plans meeting the conditions of approval. 6. The Planning Commission prohibits Option 2 because of its decision at the June 9,2022 hearing. Developer pursuit of Option 2 would require a Modification of Conditions(MOC) application and approval per WDO 4.02.07. CU 21-02 US Market gas station—Planning Commission Final Decision -Page 3 of 24 194 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... SITE SUMMARY FFroPEF-'613E 63 U9 5F. O9L 4..CC'1— M'$6 PP 4a, O 6J D OIFL AJ_D IIS F ---- - ----_` �HWY 214 �n w frac ' a P ,e g. lane .tea o a� ls3s-n ' / as - � ✓, �yl r��I�y+- — � � � yypp �F�n ;[,� d I� C. STORE 4,110 SF L 9 � F l � I I�v aIII 11 IV 1 o- AW o R OFFICE 1$63 SF —• EY sa 4 -FE � a' uul p � � '. r•m uwN1 _R � it _ 9+ J P m 1 l"M I'Ys' 'Ay EA rapd_vvta AWI I V- w LJAwA � I rcuro,e wv cin to F.S.cN C 141 ISE rs� .I til �S rt� ia,; a= UI ! a - r f ... I . �T., m.al,P" t OFFICE tj 50010 SF �I II :e w r< a LANDSCAPE PLAN � w�� .:a Exhibit PP1: Option 1 Site Plan Excerpt Prior to Revision per Conditions of Approval CU 21-02 US Market gas station—Planning Commission Final Decision -Page 4 of 24 195 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... SITE SUMMARY Prv^.——E 7 -631P@ 5F.r113 ALi TOTAL eU"LGINFA-14 -'3615F T—L F—GAG .411l 5F TOTAL L.NC9 AM 4RFA :-239 S (GF) I HWY 21d � ---_--�---------------_------aiao=MNrse4------------- I L+We£CAF_ C L Ge free�s sus:_ dLAYG6' AF.c Y8l 5 R - C f t cv 6=_d 1— .t K4 kE2 Y=M M be p �n `\ AfEr�34fS lP PJ I 6=S 911 � P'PdJ IbJ l4 FJ 6�'dIBS 5 V ry i I`�R,(.# E SNC I?E!.J4K B;Po£b Mi SMa.eS � K'3�d� 10 OFFICE 4i 01PoIB8 Pv�"PoEe ,r 9 I.ANos..A.�-oral sueae sw ..� rr P4 I GLS: Ed PJ � �V Y ��I 1y �• ��r � � � \ \�\\ (4P.,SN=LeS SIGG C! Ir� ....... 6�� ]:NRJ&41 vda-d rd l7le� LJ� LA SCAFE AA Bao rE N LM'G9GaF£ i pEL��5td ICM P 1� �tl-W��fL 1 �_- I TEES..5 R. I •' styes PJ pRJMJEJ CB PJ � I PJ4 BB R i✓ 0.J11.K4W 6 iPP�EG W Ru'^v:DEG; 1 E ` J7� G1.m,Eg44N•c. pEp 91d ]i�aSN Ipl1 � '- � L611aA6 ILE W' JIRE,.T WI7".nG 69T SGr 1.Nq CFr ro ru.trr I FEO C4Tfv �, � �rcx T MdMtWN VIb cN I ®1111 I IN IIII IN I '. II Grp xsed I PROPOSED I. A� C STORE A,S1A BF � r �Sc� r i \\� e\�\ �ffA 4943CR Il I I ,�oI_ND.�CAPE PLAN �c AL9.I• Exhibit PP2: Option 2 Site Plan Excerpt Prior to Revision per Conditions of Approval CU 21-02 US Market gas station—Planning Commission Final Decision -Page 5 of 24 196 -------------------------------------------------------------------------------------- Design Review 21-10 D1. PUEs: If minimum width streetside PUEs do not yet exist as 10 ft along the highway per WDO Figure 3.0113 or 5 ft along Oregon way per 3.02.0113, the developer shall grant such. Max widths shall be per Conditions EX1 & EX2. This is due by building permit application. D2. Parking/vehicular circulation setback: Option 2: To conform to WDO 3.05.02E,the developer shall do one of the following: (a) revise the site plan to set back parking and vehicular circulation area min 5 ft from the northerly east lot line of 2600 Newberg Hwy (Tax Lot 3700) and to landscape the setback per 3.06 and plant min 4 trees within it; (b) have a shared use agreement per 3.05.02E; or(c) doing (a) in part and in combination with (b). This is due by building permit issuance. D3. Parking/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. CU 21-02 US Market gas station—Planning Commission Final Decision -Page 6 of 24 197 ...................................................................................................................................................................................................................................................................................................... Conditional Use 21-02 CU1. Architecture: a. Canopies/fixed awnings: 1. General: Min height clearance 9 ft. 2. Fuel pump canopy: Max ceiling height 14.5 ft to either(a) ceiling or(b) ceiling-mounted lighting fixtures, whichever is lower. 3. Option 1: (a) Convenience store/ NE office building: Each west 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. Each east mandoor shall have the same, except min area 18 sq ft, min depth 3 ft. (b) South 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. It 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 18 sq ft, min depth 3 ft. 4. Option 2: (c) Convenience store: North entrance shall have a fixed awning or a canopy that shelters from the weather, min area 48 sq ft, min depth 4 ft. Each side or rear mandoor shall have the same, except min area 12 sq ft, min depth 2 ft. (d) NE commercial office: The main entrance shall have any of the following that that shelters from the weather: (1) a fixed awning or a canopy, (2) a building recess, or(3) combination. Min area 64 sq ft, narrowest dimension 6 ft. Min one of the other entrances shall have the same, except min area 24 sq ft, narrowest dimension 4 ft. Every south and west facade storefront window shall have any of a fixed awning, canopy, building wall projection, secondary roof, or sun louver min width same as the window and min depth 2 ft. Building color shall be other than black or charcoal. b. Cladding/materials: (1) Option 1: Convenience store/ NE commercial office: Base cladding min height 2 ft of brick, CMU finished to resemble cut stone, or adhered stone. The proposed east CMU mandoor screen 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. (2) Option 2: NE commercial office: Base cladding min height 2 ft of brick, CMU finished to resemble cut stone, or adhered stone. CU 21-02 US Market gas station—Planning Commission Final Decision -Page 7 of 24 198 c. Entrance: Option 2: NE commercial office: The main entrance door or doors of the office building shall be at any of the NE corner, within the east facade, or at the SE corner of the building. A corner entrance may be angled or both at one side of a corner and within 12 ft of the corner where main wall planes intersect or would intersect. d. Scuppers: Any building rainwater scuppers shall not to dump onto the pavement of a wide wa I kway. e. Setbacks: (1) General: Site NE corner min setback shall equal streetside PUE. (2) Option 1: (a) Convenience store/ NE commercial office: max 15 ft from highway and max 20 ft from Oregon Way ROW (measured from straight line ROW, not variable ROW at intersection). (b) South commercial office: min 5 ft from Tax Lot 3700 east, south, and west lot lines. (3) Option 2: NE commercial office: max 15 ft from each of highway and Oregon Way ROW (measured from straight line ROW, not variable ROW at intersection). NE corner min setback shall equal streetside PUE. West and south setbacks each shall be min 10 ft. f. Windows: (1) General: All windows shall be square, round, or vertically proportioned. Operable windows shall have insect screens. (2) Min area: (a) Option 1: (1) Convenience store: West facade 30%; north 30%; east 36 sq ft. (2) NE commercial office: West and south facades 30%; east 144 sq ft. (3) South commercial office: North facade 30%; east 15%; south 20%; and west 20%. (b) Option 2: (i) Convenience store: North facade 30%. Each of east, south, and west facades min 1 window min 7.5 sq ft, min 1.5 ft wide, and wholly within 8.5 ft of grade. (ii) NE commercial office: North facade 30%; east 40%; south 30%; and west 20%. CU2: 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. Min height shall be along the: (1) North and west lot lines of Tax Lot 3500 6 ft, 2 inches (if CMU, equal to 9 courses of blocks plus 2-inch smooth concrete cap). (2) North and east lot lines of Tax Lot 90000 (950 Evergreen Road) 9 ft,2:..,hes (if GMM, equa4 to 32 aof b!GGI(s P!..I; a_oRrh s „th a rpt„a 49 ft, including a 2-inch smooth concrete cap. (3) Where fencing may substitute per other conditions,for part 1. above it shall be 6 ft, and for part 2. above, 8 ft. CU 21-02 US Market gas station—Planning Commission Final Decision -Page 8 of 24 199 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 Public Works 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: (1) 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. ................................................................................................................................ / l i � J Exhibit CU2d(1) C Exhibit CU2d(2) (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. e. Color: Masonry and any paint shall be a color or colors other than black, charcoal, or 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 or charcoal. On free-standing walls with two or more colors, darker colors shall be towards the bottom and lighter ones towards the top. CU 21-02 US Market gas station—Planning Commission Final Decision -Page 9 of 24 200 f. Material: AW segments -a*A0 ft RAIZI A~faIII fr-Am the I 'At ling As T"" 'at ?0A, 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 remains mostly masonry. Specifically, masonry must constitute the bottom extent of wall segment from grade up to min 2 ft, 8 inches above grade, and there shall be piers or pilasters per"Details" below. Exhibit CU2f below illustrates a similar, conforming example: .......................................................................................................................................................................................................................................................................................................................................................................................................................................................... { * SIN Ll WYII ILG 1111L' BOARD, ,..l 61 1, 1.C4'11 T ( f L IF[EF&IICAL FEPAR LARAT... .... ......... ........... I I I m . .I mT_�--l", TINY!I C'HA.€. L.11 .. .... ELEvanow pQAnJ TYP ARCHITECTURAL WALL {ALAN & ELEVATION SCALE .IT-V-0" Exhibit CU2f(DR 2017-08) g. Details: Each AW segment end shall have a pier or pilaster min 16 inches wide relative to wall face and projecting min 4 inches. Each segment shall have a min number of piers or pilasters equal to a ratio of 1 per 40 ft of wall. 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. If the AW is CMU, the 81"and 91"CMU courses above grade shall be ground face (5 ft, 4 inches through 6 ft above grade). CU3. Bicycle parking: Amount and general location: The developer shall provide bicycle parking as follows: a. Option 1 min stalls: (1) Convenience store: 2 (2) NE commercial office: 2 (3) South commercial office: 4 b. Option 2 min stalls: (1) Convenience store: 2 (2) NE commercial office: 4 c. General: Standards other than amount and general location shall conform to WDO 3.05.06 through Ordinance No. 2602 (LA 21-01). CU4. Electric power lines: The development shall conform to WDO 3.02.04 through Ordinance No. 2602 (LA 21-01). CU 21-02 US Market gas station—Planning Commission Final Decision -Page 10 of 24 201 CU5. Landscaping: a. Bench: In the landscaped open space at or near the NE commercial office space, along a wide walkway or in a plaza, install either a 6-ft wide bench with back or a picnic bench. Set back from walkway and pave the setback, min either 2 ft for a bench or 3 ft for a picnic bench. b. Buffering/Screening: Evergreen hedge or shrubbery shall: (1) Line AW segments. (2) Screen transformers and other at-grade electrical and mechanical equipment along their sides, excepting the side intended for technician access. (3) Serve as means of conformance with WDO 3.06.05B (parking screening). c. Coniferous/evergreen trees: 1 min of trees new to the site. The 1 shall be 1 min of the following coniferous or evergreen species: Cedar,Western RedMadrone, Pacific ................................................................................................................................................................................................................................................................................................................................... Douglas-FirOak,Oregon White ................................................................................................................................................................................................................................................................................................................................... Fir,GrandPine, Ponderosa;and ................................................................................................................................................................................................................................................................................................................................... Hemlock,Western Yew, Pacific d. Front yard (1) Trees: (a) Plant min 7 trees in the yard along the highway and min 10 ft and max 20 ft from ROW. (b) Plant min 4 trees in the yard along Oregon Way, min 5 ft and max 20 ft from ROW, in a loose row with min 3 of them spaced offset from and complementing street trees. (2) Hedge/shrubbery: In all areas not occupied by buildings and pavement, landscape per WDO 3.06. (a) 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 and maintain min 5 ft from sidewalk and max 12 ft from ROW. (b) Option 1: On Tax Lot 3600 in the yard along the Oregon Way, line the convenience store rear east free-standing wall with a hedge or row of continuous small or medium shrubbery. (c) Option 2: On Tax Lot 3600 in the yard along the Oregon Way, plant a hedge or row of continuous small or medium shrubbery extending along the east dead-end of the drive aisle. Plant and maintain min 1 ft from sidewalk. e. Site interior: (1) AW: Line each Architectural Wall segment with a hedge or row of continuous medium or large shrubbery. (2) Bark dust: Of landscaped area, max 3% may be bark dust, mulch,wood chip, pebbles, or sand. Walkway and plaza paving do not count against landscaping minimums. (3) 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. (4) Plaza: At or within 30 ft of the NE commercial office space and adjacent to a wide walkway shall be a plaza min 81 sq ft, exc. walkway area, at 9 ft narrowest dimension, paved with bricks, concrete pavers, field or flagstone, or poured cement. (5) South yard: Within 100 ft of the Tax Lot 3700 south lot line, plant either for Option 1 min 2 trees or for Option 2 min 5 trees. Of these for Option 2, min 2 large with the westernmost tree being one of the large ones. CU 21-02 US Market gas station—Planning Commission Final Decision -Page 11 of 24 202 f. Parking area: (1) Option 1: (a) Convenience store: A landscape island shall be roughly in the middle the parking aisle fronting the convenience store that conform to WDO 3.06.03C through Ordinance No. 2602 (LA 21-01). (b) NE office: Plant a large tree in the southwesterly area of the south yard lawn. (c) South 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 patio west side. (2) Option 2: (a) Convenience store: A landscape island shall cap each end of the parking aisle fronting the convenience store per WDO 3.06.03C through Ordinance No. 2602 (LA 21-01), and the east island may be on the west side of the wide walkway that another condition requires. (b) NE office: The office parking area drive aisle east end shall have the inside of curb min 3 ft from edge of streetside PUE, and the 3-ft width shall have a tree. CU6. Lighting: a. General: Shall conform to WDO 3.11 through Ordinance No. 2602 (LA 21-01). b. 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. c. Fuel pump canopy: Max 16 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: (1) ceiling light fixtures shall not drop below the ceiling plane, or (2)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. d. Option 1: Max of: (1) Convenience store: 1 wall fixture on the east rear and none on the north side. (2) NE commercial office: 1 wall fixture each on the west front and east rear. (3) South commercial office: 1 wall fixture at the south rear and none at the east and west sides. e. Option 2: Max of: (1) Convenience store: 2 wall fixtures on the south rear, 1 each on the east and west sides. Parking area or other pole fixtures prohibited in the east side, south rear, and west side yards. (2) NE commercial office: 1 wall fixture on the south, 1 each on the east and west sides, and the south yard limited to 2 parking area poles. No other pole types in the north, east, or west yards. CU 21-02 US Market gas station—Planning Commission Final Decision -Page 12 of 24 203 CU7: Parking: 1. Standard stall length: The developer may set standard size 90° angle stall length at 18 ft instead of 19 per WDO Table 3.05B through Ordinance No. 2602 (LA 21-01). 2. EV: Electric vehicle (EV) parking shall be min 1 stall with a charging station and placed near commercial office area. Remaining EV parking standards shall be per WDO 3.05 through Ordinance No. 2602 (LA 21-01). 3. Wheelstops/wheel stops: Every angled or 90° parking stall along a wide walkway shall have a wheel stop max 4 inches high. A wheel stop shall not straddle adjacent stalls. If and where the developer opts to install wheel stops where not required, they also shall conform to the height limit. CUB. Walkways: a. General: Shall conform with WDO 3.04.06 through Ordinance No. 2602 (LA 21-01). b. Gap: A walkway, min 3.5 ft wide as an exception to part a., shall connect a building perimeter walkway system west to the AW conditioned gap or opening along the west lot line of Tax Lot 3700. c. Convenience store &fuel pump canopy: The three pump islands together shall have one or more walkway crossings to the convenience store main entrance walkway, and as an exception to part(a) above, each min 3 ft wide. For Option 1, minimum 1 crossing; for Option 2, min 2. A walkway crossing may incorporate an ADA parking space accessible aisle. Walkways should be straight, and where needing to jog, should jog at 45° max and at the point where vehicles pass in opposite directions or between vehicle lanes. d. Option 2: At the NE of the convenience store, the wide walkway crossing of drive aisle shall be at or near a right angle to drive aisle. CU9. Access management: These are due by building permit application: a. General: Access management shall conform with WDO 3.02.01E, 3.04.01A.2, and 3.04.03C & D through Ordinance No. 2602 (LA 21-01). Regarding recordation of one or more types of legal instruments and how,the developer shall conform to the conditions in ways that satisfy the County. b. Bicycle/pedestrian: The develop shall grant the public access to walk, cycle, and roll along each wide walkway across Tax Lot 3600 to the benefit of 3700, relating to Oregon Way sidewalk access, and across Tax Lot 3700 to the benefit of 3600, relating to highway sidewalk access. c. Shared parking: If and where one or both of the subject lots lack minimum off-street parking ratio for all land uses on the lot, the developer shall revise site plans to conform to WDO 3.05.02 &Table 3.05A or shall create a shared parking agreement per WDO 3.05.05. This is due by building permit issuance. CU 21-02 US Market gas station—Planning Commission Final Decision -Page 13 of 24 204 d. Cross access: (1) Local: To conform to WDO 3.04.03A.3, B.1, B.3 &C.2 and, through Ordinance No. 2602 (LA 21-01),WDO 3.04.03B.3, C.1, C.3, C.4, & D.2, for what is termed any of cross access, ingress/egress, public access, or shared access, the developer shall grant the public access (a) across Tax Lot 3600 to the benefit of 3700, (b)across Tax Lot 3700 to the benefit of 3600, and (c) across Tax Lot 3700 to the benefit of 3800. The cross access shall follow a drive aisle or aisles and align at the common lot line. Regarding (c), the north east-west drive aisle shall stub to somewhere along the northerly 75 ft of the west lot line and at min 20 ft wide, and though the stub shall not be curbed it may be fenced. (2) ODOT factor: (a) The developer shall apply to and obtain from ODOT the proper access rights for both tax lots prior to any construction, so as to not violate the deeds. (b) For context, see Attachment 102B. The ODOT Region 2 contact is Casey Knecht, P.E., Development Review Coordinator, (503) 986-5170, g.se ,l.............................. t,��r�r��t,�t�tr ,r�i,,�u�. The City interprets "prior to any construction"to mean by issuance of the first structural building permit. Otherwise, City staff are inclined to defer to ODOT interpretation of part (a) above, including whether it is applicable to either Option 1 only or both site plan options. (c) 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. (d) 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 (d) of the condition, he would do so once. CU 21-02 US Market gas station—Planning Commission Final Decision -Page 14 of 24 205 CU10. Gas station operations: 1. Noise: a. 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. b. 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. Based on Ordinance No. 2312, any vacuum shall be closed to customer use min from 9:00 p.m. to 7:00 a.m. 2. Trash: There shall be at least one trash receptacle along each of the walkways, at min 1 ft from walkway edge, 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. 3. Vehicular circulation: a. Driveways: (1) Highway: Max 1 driveway. The driveway shall remain right-in, right-out and be max width equal to the existing 30 ft unless ODOT approves wider up to 36 ft; however, if the developer widens the driveway from the existing 30 ft,then min 12 ft of the width and min depth equal to either the throat or 13.5 ft,whichever is longer, shall be poured concrete. The area of poured concrete that is outside the ROW shall be patterned, stamped, or treated to resemble paving stones and shall be felt by motorists driving over it. (The objective is to calm traffic by preventing fast, swooping maneuvers and to direct vehicles to 24 ft width of asphalt within the driveway throat, while allowing semi- trailer truck turning movement across 36 ft of width.) If the driveway widens, the developer also shall reconstruct the entire driveway to conform to City Public Works standard drawing Detail No.'4"'15 ,4 "Property Line Sidewalk at Driveway", except that if and where a specific conflict arises between City and ODOT public works construction standards, that of ODOT engineering guidance would supersede. (2) Oregon Way: Max 1 driveway, max width 24 ft if two-way or 12 ft if one-way. Option 2: Throat, if two-way, then the inbound lane max 24 ft deep where lane is parallel with the outbound lane. b. I-5 directional signage: There shall be on Tax Lot 3700 outside of ROW and streetside PUEs directional signage that accomplishes directing on-site motorists bound for I-5, min 2 signs for Option 1 and 3 signs for Option 2, 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. 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. c. Option 2: fuel pump queueing: (1) General: Fuel pump queues shall be one-way either eastbound in Option 1 or southbound in Option 2. 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. CU 21-02 US Market gas station—Planning Commission Final Decision -Page 15 of 24 206 (2) Stacking: (i) Option 1: Of six queues, min 3 shall each fit stacking of min one car west of the fuel pump island. (ii) Option 2: Of six queues, min 2 shall each fit stacking of min two cars north of the fuel pump island, and the remaining 4 shall each fit stacking of min one car. d. Trucks: Until July 1, 2030, the Public Works Department may administratively regulate time, place, and manner of freight and truck access (ingress/egress)to and from the development and adjacent public streets. This condition shall not be construed to preclude the City past the date from regulating development freight and truck access via ordinances that are applicable generally to properties that happen to include the subject property. CU11. Modification: Because the WDO, including 5.03.01, does not specify how changes to an approved conditional use (CU) and related site improvements might trigger another CU or modification of a CU approval,for Director determination the following serve as criteria and—where noted—as factors: a. Significant expansion of the use(s), factors being an increase in any of: total GFA by 25.0% or more or by an absolute value of 1,825 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 Exception to Street Right-of-Way and Improvement Requirements ("Street Exception"); g. Any proposal necessitating a request to vary from the WDO,that is, a variance; h. Any proposal necessitating a Type III or IV land use application type; and i. City adoption of a unified development ordinance replacing the WDO were to have intervened. Modification of a specific condition of approval remains pursuant to WDO 4.02.07. Were the City to have amended the WDO to establish modification provisions for conditional uses,the Director may decide that the provisions supersede this condition of approval. CU 21-02 US Market gas station—Planning Commission Final Decision -Page 16 of 24 207 Conditional Use 22'U2: Transportation T-A: 1. ORZ148'Oregon Way: The developer shall pay afee per Attachment ZU3tofund a transportation study, specifically to investigate in coordination with ODOT(1) corridor signal timing and coordination adjustments and (Z) improving safety by reducing vehicle turning or angle crashes. This isdue bybuilding permit issuance. [TSP R118'T|Ap. 1Z] Z. Consultant review: The developer shall pay a fee for the City to recoup the cost ofits transportation consultant reviewing and advising upon theT|A. 3. |'5interchange with ORZ14: Toreduce vehicle crashes, the developer shall pay afee per Attachment 203. 4. ORZ148' Evergreen Rd: Tomitigate effect onthe intersection and reduce vehicle crashes, the developer shall pay fee per Attachment 203. 5. OR99E8'ORZ11/Z14: Tomitigate effect onthe intersection and reduce vehicle crashes,the developer shall pay fee per Attachment 203. T'T. Bus transit: Bus stop improvements: Tofurther TDMIthrough bus transit, regarding the VVTS Oregon Way northbound stop that is adjacent to 966&980 Oregon Way,where because ROW and streetside PUE are too narrow relative tothe 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 203. CU21'O2USMarket gas station—Planning Commission Final Decision Page 17of24 208 Street Exception 21-05 EX1. Frontage/street improvements: Highway: These shall be as follows: a. ROW: If and where there is a deficit, the developer shall dedicate ROW that meets or exceeds the min width necessary to conform to WDO Figure 3.016 "Major Arterial". b. PUE: If minimum width streetside PUE does not yet exist per WDO Figure 3.0113, then the developer shall grant it. Max width shall be 10 ft, unless if and where existing utilities that the developer does not relocate necessitate wider as documented by franchise utilities and the developer. c. Improvements: No min surface improvements other than either elsewhere conditioned or necessary to comply with ODOT engineering guidance or conform to PW direction. The developer shall pay fees in lieu of highway improvements per Attachment 203. EX2. Frontage/street improvements: Oregon Way: These shall be as follows: a. ROW: The developer shall dedicate ROW that meets or exceeds the min width necessary to conform to WDO Figure 3.01E "Access Street" and exceeds that width where necessary to accommodate both the existing northbound left turn lane and required half-street improvements. b. PUE: If minimum width streetside PUE does not yet exist per WDO 3.02.0113, then the developer shall grant it. Max width shall be per WDO 3.02.01F.2 through Ordinance No. 2602 (LA 21-01). c. Improvements: (1) Parking: No 8-ft wide on-street parallel parking lane is required, this being an exception from what Figure 3.01E would have required. The developer shall pay a fee in-lieu per Attachment 203. (2) Landscape strip: Min 6%ft wide inc. curb width and with min 3 street trees with allowance of fee in lieu of 1 tree max. Planting of area remaining after tree planting and irrigation shall be per WDO 3.01.0413 through Ordinance No. 2602 (LA 21-01). (3) Sidewalk: Min 8 ft wide. Overlap: Wider sidewalk shall not narrow the landscape strip. The extra width of planter strip and sidewalk shall either(a) be within additional ROW that accommodates them, or(b) overlap outside ROW into streetside PUE, there being a recorded legal instrument granting public access to the overlap. If(b), 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 building permit application, whichever is earlier. The developer shall submit copies of correctly recorded documents to the Planning Division by building permit issuance. CU 21-02 US Market gas station—Planning Commission Final Decision -Page 18 of 24 209 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. CU 21-02 US Market gas station—Planning Commission Final Decision -Page 19 of 24 210 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 <Intl .:: „1.l. ,c„q_..i,rn I::ie ir.r i,. u„ i l tt„i„ac,lrer/>. Use it to check on the status of a recordation request to the County. City staff does not track County plat recordation. 7. Technical standards: a. Context: A reader shall not construe a land use condition of approval that reiterates a City technical standard, such as a PW standard, to exclude remaining standards or to assert that conditions of approval should have reiterated every standard the City has in order for those standards to be met. b. Utilities: A condition involving altered or additional sidewalk or other frontage/street improvement that would in the field result in displacement or relocation of any of utility boxes, cabinets, vaults, or vault covers does not exempt the developer from having to move or pay to move any of these as directed by the City Engineer and with guidance from franchise utilities. 8. 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. CU 21-02 US Market gas station—Planning Commission Final Decision -Page 20 of 24 211 9. Inspection: The applicant shall construct, install, or plant all improvements, including landscaping, prior to City staff verification. Contact Planning Division staff at least three(3)City business days prior to a desired date of planning and zoning inspection of site improvements. This is required and separate from and in addition to the usual building code and fire and life safety inspections. Note that Planning staff are not primarily inspectors,do not have the nearly immediate availability of building inspectors, and are not bound by any building inspector's schedule or general contractor convenience. 10. Stormwater management: The storm sewer system and any required on-site detention for the development must comply with the City Storm Water Management Plan, Public Works storm water practices and the Storm Drainage Master Plan. 11. Public Works Review: Staff performs final review of the civil plans during the building permit stage. Public infrastructure must be constructed in accordance with plans approved by the City, as well as current IPublic Works c:onsti cuc:tion sir cific: tions .Stannard IUi�arnring s .St�nr��i r� Ur Mils and general ................................................................................................................................................................................I.............................................................................r...............................................................................................................g...................................................................................... conditions of a permit type issued by the Public Works Department. 12. ROW: a. Dedication: The Public Works Department Engineering Division has document templates for ROW and easement dedications that applicants are to use. ROW—and public utility easement(PUE)—dedications are due prior to building permit issuance per Public Works policy. b. Work: All work within the public ROWS or easements within City jurisdiction must require plan approval and permit issuance from the Public Works Department. All public improvements construction work must be performed in accordance with the plans stamped "approved" by the City, and comply with the City's Standard Specifications and Standard drawings. 13. Franchises: The applicant provides for the installation of all franchised utilities in any required easements. 14. Water: All water mains and appurtenances must comply with Public Works, Building Division, and Woodburn Fire District requirements. Existing water services lines that are not going to be use with this new development must be abandoned at the main line. The City performs required abandonment of existing water facilities at the water main with payment by the property owner. All taps to existing water mains must be done by a "Hot Tap" method and by approved City of Woodburn Contractors. The applicant shall install the proper type of backflow preventer for all domestic, lawn irrigation and fire sprinkler services. The backflow devices and meters shall be located near the city water main within an easement, unless approved otherwise by Public Works. Contact Byron Brooks, City of Woodburn Water Superintendent, for proper type and installation requirements of the backflow device at(503) 982-5380. 15. Grease Interceptor/Trap: If applicable, a grease trap would need to be installed on the sanitary service, either as a central unit or in a communal kitchen/food preparation area. Contact Marion County Plumbing Department for permit and installation requirements, (503) 588-5147. CU 21-02 US Market gas station—Planning Commission Final Decision -Page 21 of 24 212 16. Fire: Fire protection requirements must comply with Woodburn Fire District standards and requirements, including how the District interprets and applies Oregon Fire Code (OFC). Place fire hydrants within the public ROW or public utility easement and construct them in accordance with Public Works Department requirements, specifications, standards, and permit requirements. Fire protection access, fire hydrant locations and fire protection issues must comply with current fire codes and Woodburn Fire District standards. See City of Woodburn Standard Detail No. 5070-2 Fire Vault. The fire vault must be placed within the public right-of-way or public utility easement. 17. SDCs: The developer pays S st„r�„rn I ��ur�„I_oi, .,rqr�„!j prior to building permit issuance. Staff will determine the water, sewer, storm and parks SDCs after the developer provides a complete Public Works Commercial/Industrial Development information sheet. Appeals: Per WDO 4.01.11E., the decision is final unless appealed pursuant to Oregon Revised Statutes (ORS), state administrative rules, and WDO 4.:...2..:.0..x.. The appeal to City Council due date is twelve (12) days from the mailing date of this notice per 4.02.01B.1. 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 Cassandra Martinez, Administrative Specialist, at (503) 982-5246 or c;�„ssaI�±r a.rrnai,t„f„n zj�ci. rr�r�r�b a„i,in.oi,._us. CU 21-02 US Market gas station—Planning Commission Final Decision -Page 22 of 24 213 Testifiers: Name Address Planning Commission City Council Written Verbal Written Verbal Michael Mills P.O. Box 1307,Silverton,OR 97381 x x (applicant's attorney) Wayne Kittelson Kittelson&Associates, Inc.,851 SW x x (competing gas 6t"Ave,Ste 600, Portland,OR stations'traffic 97204 consultant) David Petersen Tonkon Torp, LLC,888 SW 5t"Ave, x x (competing sta- Ste 1600, Portland,OR 97204 tions'attorney) Joseph Bessman Transight Consulting, LCC,61271 x (applicant's Splendor Ln, Bend,OR 97702 traffic consultant) Del Huntington Huntington Traffic Solutions, 1665 x (applicant's A St NE,Salem,OR 97301 traffic consultant) Largo Abshere 855 N.Cascade Dr x Woodburn,OR 97071 Janice Aiken 1331 Princeton Rd x Woodburn,OR 97071 Carol 717 N.Cascade Dr x Bettandorff Woodburn,OR 97071 Nancy Ferguson 950 Evergreen Rd, Unit 323 x Woodburn,OR 97071 Karen Halter 938 Oregon Way x Woodburn,OR 97071 Mickey Harrison 924 Oregon Way x Woodburn,OR 97071 Rebecca Hayes 950 Evergreen Rd, Unit 205 x Woodburn,OR 97071 Doris Ehlen 950 Evergreen Rd, Unit 312 x Kruse Woodburn,OR 97071 Dorothy 1200 Quinn Rd x Monnier Woodburn,OR 97071 Bobbi Reisner 950 Evergreen Rd, Unit 221 x Woodburn,OR 97071 Carolyn 950 Evergreen Rd, Unit 206 x Schindlebower Woodburn,OR 97071 Betty Torabi 925 Oregon Way x Woodburn,OR 97071 Don Zehrung 966 Oregon Way x Woodburn,OR 97071 CU 21-02 US Market gas station—Planning Commission Final Decision -Page 23 of 24 214 Attachments: * Planning Commission June 9, 2022 Staff Report Attachment 101. Marked Tax Map ° 102A. Public Works comments(May 5'2D32;2pages) w 1028. Agency commentary UD0Te-mail with two exhibits(May 4' 2U21; 1Spages) w 103A. Application materials/site plans Option 1(Feb. 9, JO22;3sheets) * 104. Transportation System Plan (TSP) Fig. Z "Functional Roadway Classification" ° 201.* [U 21-02 USMarket Gas Station: Dictionary&Glossary * 202. CU 21-02 USMarket Gas Station: Civil Engineering Plan([EP) Review Provisions ° 203. CU2I'UZU5Market Gas Station: Conditioned Fees *The Z0Oseries nfattachments are details for the conditions ofapproval. Sincerely, �41 � ' \_~ff J,~ Colin Cortes,/U[P CNU`A Senior Planner Affirmed June/`f_, 2022 � y r . Chade�Pi�jr, 04IningCommhsionChair Date cc: Chris Kerr,Community Development Director[e-maU] Dago Garcia,P.E,City Engineer[e'maU] Melissa Gitt'Building Official[e-mai|] Jason Space,GIS Technician [e'mai|] Ronald"Ron"James Ped, Ronald James Ped Architect, PC,14521otStSE,Salem,DR 97301-8846[applicant] [mail Qe'mai|] Lal Din Sidhu(^Don"Sidhu),Woodburn Petroleum LLC,1O3OBroadway StNE,Salem,OR 97301-1276 Dandmwned[mail&e-mai}] Testifiers: Per the table above. [mai|] Casey Knecht,P.E,Development Review Coordinator, Oregon Dept.nfTransportation K}DOT Region [mail&e-mai|] Marion County Assessor's Office[e-mail] Marion County Geographic|nfonnadonSysuem(G8) [e*nai|] Marion County Planning Division[emai|] Marion County Public Works Dept. [e-nai|] CLI 21-02 US Market gas station—Planning Commission Final Decision-Page 24 of 24 215 05 2W 12D' ----- ---- ---- 05 2W 12DB WOODBURN SLUSA CAP AP o52VU B62W12B ,RaE� 11U SEEI�IAPEL 5 05SLUSAD a t f e a � ° I � I r m ° 03930 � STATE wcHwavala 60 Air MARION COUNTY,OREGON ioo aeo0 °""` 0.0D as00 100 NW1/4SE1/4SEC12 T5S R2WW.M. Lu _ <�nc SCALE 1"=100 Ll ' ® ® e = o L Ir - , 200 IIGIND u) IINE I'YPL 4000 0000 300 xl Ivry la _ Izry 3100 r r } 400 4 3 r STT 0 3400 °° ❑ ®—� e ® eoo „I+rs1v Ir. I=X03 Q a s- Ir1 r.I p �I CL �q �3300 .. — (l�� W 3200 Soo (( CORNHi I YPLS 4$L �- 3100 eoo r r X, zr zz Z 3000 eoo N)IABLI.' O C� u) >> 0000 0 �J Q 2000 0'1000 Q SEE MAP a.snc 60 4100° „si a 2e00 1'100 _W12DA a 4300NOh ,. 4200 e ° ALLISON 1640 1zo0 a Z n wav SEE PAP 0303 0 00 •, 062W I21C ° 1, ED 130 70 ED � 1400 i 2600 w —IT CANCELLED NUMBERS T a y" 1600 3s00 11 240P ° s 4100 'DOP r• I .4400 � ,,.. e 1^------- � __ 68 1Soo < s RFG s� 1 CO� ° ^g , e�U �•° DISCLAIMER_THIS MAP WAS PREPARED 700 Rp s 'yY°° W EORASSESSMENT PURPOSESONLY CU 21-02 A44a011lim5ll4 Q� I /I, SEE MAP WEST HAYES ST 0 W 03 03 0 FOR ADDITIONAL MAPS VISIT OUR WEBSITE AT o B . .o,.. WEST tigy SEE MAP PLOT DATE:10/16/2020 FS Uig 052W12DD ST oma` q WOODBURN ObiW 12DB �A 05 2W 12DB (,ICU 1+ � , OODBUR Incorpc) raie ' fix8�9 CU 21-02 "US Market" Gas Station / Convenience Store / Office Building 2540 —2600 Newberg Highway Public Works May 5, 2022 LAND USE CONDITIONS: 1. The Applicant/owner, not the City, is responsible for obtaining permits from City, State, County and/or Federal agencies that may require such permit or approval. All work within the Oregon Department of Transportation (ODOT) jurisdiction shall comply with ODOT's permit and requirements. Use ODOT details for work within ODOT's jurisdiction. 2. Construct private storm sewer system, including detention facilities, in accordance with the City of Woodburn storm master plan and approved plans and drainage report. The on-site detention area for the runoff from this site shall be provided in accordance with the hydraulic analysis. The property owner shall maintain all on-site detention areas in perpetuity. Applicant is require to obtain approval from the Oregon Department of Transportation (ODOT) for connections to ODOT's storm system along Hwy 214 and Oregon Way. 3. Provide and record required right-of-way and public utility easements dedications prior to building permit issuance if required. 4. The Applicant shall obtain the required 1200C Erosion Control Permit from the Department of Environmental Quality prior to City issuance of permit(s), if applicable. 5. Final review of the Civil Plans will be done during the building permit application. Public infrastructure will be constructed in accordance with plans approved by public works and other agencies that may require the applicant to obtain permits. 6. All sanitary sewer laterals serving the proposed developments are private up to the main line. All existing sewer laterals shall be abandoned at the main if they are not going to be utilized. 7. Fire hydrants locations and fire protection requirements shall be as per the Woodburn Fire District and City of Woodburn requirements. .............................................................................................................. Engineering&Project Delivery C U """' 190 Garfic"I stre"e"t a,� Woodburn,O "gon 97071 'ta6hiimelint 102 llIfi,503().-9 82-5240*Fax 5().3-9 82-5242 217 8. System Development Charges shall be paid prior to building permit issuance. 9. Pending ODOT's review and approval and oil/water and sand separator shall be use on the private storm system. Storm system shall comply with ODOT, City and Marion County requirements. 10. All onsite private storm system and sewer lateral lines shall comply with Marion County plumbing permit and requirements. 11. Provide private utility easements for the private storm system that benefit both tax lots (3700 and 3600) if necessary. 12. Storm systems for both gasoline/petroleum product spill and parking areas are not allowed to connect/discharge into the public sanitary sewer system. Applicant to redesign their storm system on the proposed pumps area and to comply with Federal, State, and City's regulations for containment of spills and storm discharges. Engineering&Project Delivery 190 G arh'ic"Id sm.".ex a,� Woodburn,O "gon 97971 11h,503()-9 82-5240 a Fax 5()3-982-5242 218 Colin Cortes From: KNE[HTCasey <[aseyKNE[HT@odot.oregon.gov> Sant: Wednesday, May 4' 2O22111OAM To: Colin Cortes Cc: Dan Handel Subect (]D(]TComments for City ofWoodburn [U21'O2 Ped Attachments: R3431'0137.pdf, R3986'0148.pdf ��himemail is from an I��FE RNAI sender. Exercise caution when opening allachments or clich.links from unknown senders or mnexpectedeoomil. �� Colin, Thank you for notifying the Oregon Department of Transportation (ODOT) of the proposal at 2540 & 2600 Newberg Hwy in Woodburn. Please include these comments as part of the Planning Commission hearing and notify ODOT of the decision bysending acopy to when available. TheoitehaofrontageonHi||oboro'Si|vertonHighvvay, No. 140 (OR'214), andioouLjecttootate |avvoadminioteredby ODOT. The site comprises two different tax lots, each with access restrictions recorded in the property deeds. Tax lot 3700 (2600Newberg Hwy) has one access reservation atIMP 37.09that can serve tax lot 3700only. This corresponds with the existing driveway onthe highway. Tax lot 3600 (2S40Newberg Hwy) has noaccess rights tothe highway and no access rights to a portion of Oregon Way between the highway intersection and a point 191 feet south of the highway intersection center. This leaves a 36-foot window along Oregon Way adjacent to the southern property line where all vehicular access must occur for tax lot 3600. This corresponds with the existing driveway onOregon Way. | have attached the relevant property deeds from the Marion County clerk. Both site plans allow for vehicles to enter tax lot 3600 (2540 Newberg Hwy)via tax lot 3700 (2600 Newberg Hwy)which ioinviolation ofthe access rights listed inthe deeds. The additional driveway onOregon Way falls inthe area ofaccess control (outside the 36-foot window), and would also be in violation of the access rights listed in the deeds. There is a process for modifying orlifting access rights, called aGrant ofAccess. The applicant would need toapply tothe state for a Grant of Access, and demonstrate that the changes to the access rights would benefit the highway. |fthe application io approved,the deeds would be modified and re-recorded with the county clerk to reflect the change. If the city approves this land use proposal with either of the site plan options,there must be a condition of approval that the applicant shall obtain the proper access rights for both tax lots prior to any construction, so as to not violate their own hdeeds. Please contact mewith any questions. Casey Knecht" P.E. Development Review Coordinator | ODOT Region 503-986-5170 1 casey.knecht@odot.oregon.gov Atta&�iinieiiit 1021111 z 219 Fila'7139 036 REEL 3431 PAGE 137 Map "I B-4-30 MAMON CO(JNTY BfU- C,,ORjjjy Ct 10 04,2012 03 47 ptr� Ccritral Nunber 325 141 $ 71 CtCr 11MArUnlent 20112 34034618 WARRANTY DEED with EASEMENT WELLS FAO BANK, NA, successor by rnerger to First Federal Savings and Loan Association of Salern, a, federal corporation, Grantor', who�se address is '1300 SW Fifth Avenue, 5"' Floor, Portland, Oregon 97201, for, the true and actual consideration of j,10Q.00, does convey unto the STATE OF OREGON, by and through its DEPARTMENT OF TRANSPO TTI ON, Grantee, fee title to the property described as Parcel I on Exhibit "A" of dated 12,/1012010, attached bereto and by this reference niade a part hereof. TOGETHER WITH ALL abutter's dghts of access, if any, between the above-described parceli andi Grantor's T rernainir)g real property, EXCEPT, however, Reserving access rights for the service of Grantor's remaining property, to and frorn said remaining property to the abutting highway at the following place(s), in the following width(s): I-My. Engr's Sta. gide of Hwy. Width 522,180 Sol ah 30 1 &q "I"he access rights reserved herein are SUbject to, and may vily be exercised in accordance with, the statUteS and administrative rules applicable to access control and road approaches, Such access is,contingent upon iSSUance of an approach road permit, and no access rights n-fay be exercised or construction of an approach, road beqr,m unless, and until, a standard Approach Road Permit application is subri,iitted and a permit issued by the Oregon Department of Transportation The approach road may orAy be constructed or rT'iaintained Upon issuance of such pern'lit and in accordance with such, per-mit if the State constructs the approach road during a highway project, Grantor is reqMr'ed to sign a standard Approach [load Perrnit to ef1SUre proper operation and maintenarfce of the approach road. RETURN TO ANDTAX STATEMENTS TO: M,a p a nd Ta x Lot##; 5-2VV-1 2 D B-300 OREGON DEPAR-rMENTCSF TRANSPORTA110N MG11 F OFWAY SEC 0011 1,"Iroperty Address, 2600 Newberg Highway 4040 FAIRVIEW 1W)USTRIAL, DRIVE SE, MSiQ, Woodburn, OR 97071 SAJ-EM OR 917302-1142 M,AXMI 220 File 7139 036 Map 11 B-4-30 Grantor also grants to Grantee, its successors and assigns, a permanent easement to construct and maintain slopes, to construct, operate and maintain drainage facilities, and to relocate, construct and maintain water, gas, electric and communication service lines, fixtures and facilities, and appurtenances therefore, upon, over, under, and across the property described as Parcel 2 on Exhibit "A" dated 12/10/2010, attached hereto and by this reference made a part hereof. IT IS UNDERSTOOD that the easement herein granted does not convey any right, or interest in the above- described Parcel 2, except for the purposes stated herein, nor prevent Grantor from the use of said property; provided, however, that such use shall not be permitted to interfere with the rights herein granted or endanger the lateral support of the public way, or to interfere in any way with the relocation, construction, and maintenance of said utilities, and their appurtenances, as granted herein above. IT IS ALSO UNDERSTOOD that Grantee shall never be required to remove the necessary slope materials placed by it on said property nor shall Grantor, Grantor's heirs successors and assigns have any claim to Grantee for compensation for damages to Parcel 2, by reason thereof or by reason of any change of grade of the public way abutting on said property. IT IS ALSO UNDERSTOOD that this easement shall be subject to the same conditions, terms and restrictions contained in the easements, licenses and/or permits granted to the owner of any facilities being relocated. IT IS ALSO UNDERSTOOD that Grantor shall not place or erect any buildings or structures upon the easement area without the written consent of Grantee. IT IS FURTHER UNDERSTOOD that nothing herein contained is intended to create any obligation on the part of Grantee for the maintenance of said utilities unless installed by Grantee. 8/24/2012 Page 2 of 5—wd pemulli slope&drain mo/eb/mo 22 File 713'9 036 Map '1113-4-RC1' Grantor covenants,to and with Grantee, its,successors and assigns, that grantor ns the owner of said property which is free from encumbrances, except for, easernents, conditions, and restrictions of record, and will warrant the sarne fron'i all lawful claims whatsoever,, except as stated herein, Grantor agrees that the consideration recited herein Is just compensation for the property or property rights conveyed, including any and all redUCtlon in value to Grantor's remaining property, if any, which rnay M-sUlt from the acquisition W Use of said property or property rights. However, the consrderafion does not inClUde darn-ages reSUlting frown any use or activity by Grantee beyond or outside of those uses expressed herein, if any, or damages arising frorn any negligence, In construing this dOCUrnent, where the context so requires, the singular inClUdes the plural and all grammatical changes shall be made so that this d0CUrnent shad apply equally to corporations and to individuals. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD, INQUIRE ABOUTTHE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195,301 AND 195.305 TO 195.336 AND SECTIONS 5 TO, 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THI'S INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE 1-1-FLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215,010, TO, VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.30C(, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 117, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. The statement above is required by law to be included in this instrUrnent. PLEASE NOTE: the 1:)roperty described in this instrument is, not a "lot" or. ""parcel"" as defined in ORS 92.010 or 215,0110, Nevertheless, the property is a legally created Unit Of land as described in ORS 92 010 (9) (d) or(e), WAYWIG: 222 File 7139 036 Map 11B-A-30 It is understood and agreed that the delivery of this dOCUinent is hereby tendered and that terms and obligations hereof shall riot become binding upon the State of Oregon Departaient of Transportation, unless and irrifil accepted and approved by the recording of this dOCLinient. Dated this 24 day of Auqgst_ _12 WELLS FARANK, NA, successor by rnerger to First Federal Savings and Loan Association of Salem, a federal corporation .. ........ 4011, � , By A -President Jd6hLJ,9 & G tzwilwiler, Vice STATE OF OREGON, County of M—) Dated Ajc, t:,i �z t i IL .,20_1_�° -,_.Personally appeared the above nand ed JOShLra S, Gutzw1ler, known by rne to, be the Vice-President, of Wells Fargo Bank, NA, who acknowledged that he executed the some for, the purposes ther6n expressed and in the capacity therein stated, as the act and deed of said Bank, Before nne: Ef"HANIE LYNN MC Gdpi N0TA(4Y�1,umx,,OVIEGON N()�442217 01 .................... -ary Pu Hc for' regain (m MISSION U�ql ff S,,I' P ffM at"R 12,20113 Not My Commission expires -, *SEE ATTACHED SEPARATE SIGNATURE AND ACKNOWLEDGME61T()N PAGE 5 of 5 223 File 7139 036 Map 11:B-4-30 'T[flS SIGNATURE AND ACKNOWLEDGMENTIS ATTACHED TO A WARRANTY DEED with EASEMENT DOCUMENT DATED_A1AjjLsj_24,.ZQL2 WELLS FA GO BANK, N!A, successor by merger to First Federal Savings and Loan Association of Salem, a federal corporation By_ David C, Danis, Vice-President STATE OF CALIFORNIA, County of ------ Dated..,.............. 20_.PersOna'1'Iy 'bppeared the above naniued David C, Danis, known by rne to be the Vice-President, of Wells Fargo Bank,,,,NA, who acknowIedged that he executed the sarae, for the purposes therein expressed and in the ca,pacity.tf�ereini stated, as the act and deed of said Bank. Before rn& 6111tr Notary Public for Calffornia My Commission expires ...... Accepted on60'e"I'Tatfest the r' on T,-Partrnent of Transportation ----------- 'SIGNATURE AND AC KNOWLEDGMENT PAGE 5 OF 5 wd PwlM 224 a ' k ACKNOWLEDGMENT State of California County ofnw �� , Ori "._ m._ �before rrro, , ., w (ineart nares°bnd fitre of the o icer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)whose n ,Qie(s) islara subscribed to the within instrument and acknowledged to me that k,,ol he/they exec uted th(i7sarne in his/herAheir authorized ca achy ies)„ and that by his/her/their signatures) on the instrument the ..µ er on(s), or the entity r.pop behalf of which the person(s) acted, axe�rrf`od the lrustr rrrrr nt,. certify r~rnder PENALTY OF PERJURY wtURY under the laws of the State of California that the foregoing paragraph is true and correct, JUDY GONZALES WITNESS my hand and officialsoul. Notary raw bhc . Ca rornia San Francisco c,'ou(ity Com(ri.Expires Jun 25, 014 Signature .. (Seal) I i 225 EXHIBIT A- Page 1 of 1 File 7139036 Drawing 11 B-4-30 12/10/2010 PARCEL 1 - Fee A parcel of land lying in the Andrew Dubois D.L.C. No. 98, Township 5 South, Range 2 West, W.M., Marion County, Oregon and being a portion of that property described in that Warranty Deed to First Federal Savings & Loan Association of Salem, recorded March 24, 1969 in Book 661, Page 638 of Marion County Record of Deeds; the said parcel being that portion of said property included in a strip of land 52.60 feet in width, lying on the Southerly side of the center Line of the relocated Hillsboro - Silverton Highway, which center line is described as follows: Beginning at Engineer's center line Station 514+00.00, said station being 59.48 feet South and 1,652.55 feet East of the Northwest corner of the Andrew Dubois D.L.C. No. 98, Township 5 South, Range 2 West, W.M.; thence South 870 17' 33" East 1,124.18 feet to Engineer's center line Station 525+24.18. Bearings are based on County Survey No. 37627, filed August 27, 2009, Marion County, Oregon. This parcel of land contains 492 square feet, more or less. PARCEL 2 — Permanent Easement For Slopes, Drainage, Water, Gas, Electric and Communication Service Lines, Fixtures and Facilities A parcel of land lying in the Andrew Dubois D.L.C. No. 98, Township 5 South, Range 2 West, W.M., Marion County, Oregon and being a portion of that property described in that Warranty Deed to First Federal Savings & Loan Association of Salem, recorded March 24, 1969 in Book 661, Page 638 of Marion County Record of Deeds; the said parcel being that portion of said property included in a strip of land 62.60 feet in width, lying on the Southerly side of the center line of the relocated Hillsboro - Silverton Highway, which center line is described in Parcel 1. EXCEPT therefrom Parcel 1. This parcel of land contains 1,447 square feet, more or less. 226 REEL: 3431 PAGE: 137 October 04, 20129 03:47 pm. CONTROL #: 325141 State of Oregon County of Marion hereby certify that the attached instrument was received and duly recorded by me in Marion County records: FEE: $ 71 .00 BILL BURGESS COUNTY CLERK THIS IS NOT AN INVOICE. 227 File 7139037A PM224A-005 Drawing 1113-4-30 REEL 3986 PAGE 148 MARION COUNTY BILL BURGESS, COUNTY CLERK 08-28-2017 02:10 pm. Control Number 473317 $ 66.00 Instrument 2017 00044715 DEED The STATE OF OREGON, by and through its DEPARTMENT OF TRANSPORTATION, Grantor, for the true and actual consideration of$500,000.00 does convey unto,ZOYA PROPERTIES, Inc., Grantee, the property described as Parcel 1 on Exhibit"A"dated 8/1312015, attached hereto and by this reference made a part hereof. AND RESERVING unto Grantor an permanent easement for slopes, drainage facilities, water, gas, electric and communication service lines, fixtures and facilities upon the property described as Parcel 2 on Exhibit "A" dated 811312015, attached hereto and by this reference made a part hereof. This conveyance is made and delivered upon the following express conditions, reservations,and restrictions: 1. Subject to special assessments, existing restrictions, reservations and easements of record, if any. 2. That there is reserved by Grantor, and waived by Grantee, all access rights between the above described real property and the Hillsboro-Silverton Highway and to Oregon Way(City Street) Northerly of Engineer's Station"OW" 11+91 abutting on said parcel. This reservation shall run with the land and shall not be subject to modification, cancellation, or destruction by adverse user or estoppel, no matter how long continued. Nothing in this conveyance shall be construed as conveying any estate, right, title, or interest in and to said abutting public highway right of way or any rights of reversion therein or thereto. 3. That the above described land shall never be used for the placing or maintenance of any advertising sign, display, or device, except such sign, display, or device used to advertise the activities on said land, or the lease or sale of said land or any portion thereof. In the event of violation of this condition, Grantor shall have the right, through its authorized officers, agents, or employees to enter upon said land and remove, destroy, or obliterate any unauthorized sign,display, or device, without liability for damage or injury thereto, and to recover the cost of such removal, destruction or obliteration from the owner of said land. TAX STATEMENTS TO: AFTER RECORDING RETURN TO: Zoya Properties, Inc. OREGON DEPARTMENT OF TRANSPORTATION 1600 NW 167" Place PROPERTY MANAGEMENT/ACCESS RESEARCH Suite 300 4040 FAIRVIEW INDUSTRIAL DRIVE SE, MS#2 Beaverton, OR 97003 SALEM OR 97302-1142 08/25/2017 Page 1 of 3-deed Mo/se 228 File 7139037A PM224A-005 Drawing 11 B-4-30 4. That no junk, scrap,junked motor vehicles, or parts thereof, debris,trash,waste,or other such materials shall be placed on said land for whatever purpose in any manner so as to be visible from a state highway, provided that such items as listed above can otherwise be placed on said land without violating any applicable law, ordinance, or regulation. In the event of violation of this condition, Grantor shall have the right, through its authorized officers, agents,-or employees, to enter upon said land and remove or destroy any unauthorized junk, scrap, or other material mentioned above and recover the cost of such removal or destruction from the owner of said land. 5. That this property shall not be used for the operation of any garbage dump or sanitary land fill. If such use is made of the property, Grantor may, at its election, enter upon said land and restore it to the condition that existed prior to said use for garbage dump or sanitary land fill purposes and recover the cost thereof from the owner of said land. 6. That this conveyance is made upon the further condition, which shall constitute a covenant running with the land, that Grantor shall not at any time become liable to Grantee and grantee's heirs, successors and assigns in interest, for damages to the land herein described or any buildings, structures, improvements, or property of any kind or character now or hereafter located upon said land or for any injuries to any owner, occupant, or any person in or upon said land or for any interference with the use and enjoyment of said land or for damages which except for this covenant might constitute a nuisance caused directly or indirectly by noise or air pollutant emissions from transportation vehicles using the highway or transportation facility adjacent to said land. Any reference in this covenant to the highway or transportation facility adjacent to said land refers to the highway or transportation facility as it now exists and also as it will exist with future improvements. Grantee and grantee's heirs, successors and assigns covenant not to sue Grantor for any said injuries or damages. 7. That Grantee acknowledges that it has examined the above described Property to its own satisfaction and has formed its own opinion as to the condition (including environmental condition) and value thereof. Grantee has not relied on any statements or representations from Grantors or any person acting on behalf of Grantors concerning any of the following: the size or area of the Property or any of the parcels of the Property; the location of corners or boundaries of any parcel of the Property; the conditions of the Property, including but not limited to, environmental condition above or below the surface of the Property or compliance with environmental laws and other governmental requirements; the availability of services to the Property; the ability of Purchaser to use the Property or any portion thereof for any intended purpose; or any other matter affecting or relating to the Property or any portion thereof. Grantee is acquiring the Property, both above surface and below surface, in the condition existing at the time of closing, AS IS,with all defects, if any. Grantee waives, releases and forever discharges Grantors of and from all claims, actions, causes of action, fines, penalties, damages (including consequential, incidental and special damages), costs (including the cost of complying with any judicial or governmental order), and expenses (including attorney fees), direct or indirect, known or unknown, foreseen or unforeseen, which may arise on account of or in any way growing out of or in connection with any physical characteristic or condition of the Property, including any surface or subsurface condition, or any law, rule or regulation applicable to the Property. 8. Subject to the rights of any utilities located within said property and further subject to the rights of said existing facilities, if any there be, to operate, reconstruct, and maintain their utility facilities presently located within said property. It is understood that the conditions, reservations, restrictions, and covenants herein set out have been considered in determining the amount of consideration of this conveyance. The rights and remedies herein reserved or provided shall not be exclusive and shall not be in derogation of any other right or remedy which Grantor may have. The conditions and restrictions herein contained shall run with said land and shall forever bind Grantee and grantee's heirs, successors and assigns. Where any action is taken to enforce the above mentioned conditions and restrictions, Grantor shall not be liable for any trespass or conversion as to any real or personal property. Where legal proceedings are commenced by Grantor to enforce the foregoing conditions and restrictions or for the recovery of the aforementioned removal or destruction costs, the successful party shall be entitled to reasonable attorney fees and court costs. 08/25/2017 Page 2 of 3-deed Mo/se 229 File 7139037A PM224A-005 Drawing 11 B-4-30 In construing this deed, where the context so requires, the singular includes the plural and all grammatical changes shall be made so that this deed shall apply equally to corporations and to individuals. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY,, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY .DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL,TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009,AND SECTIONS 2 TO7, CHAPTER 8,OREGON LAWS 2010. Dated this 2 5�� day of A U9 V ST 120 STATE OF OREGON, by and through its DEPART ENT OF TRANSPORTATION B Y Scott C. Claus, Interim State Right of Way Manager STATE OF /OREGON, County of Marion Dated20 Personally appeared Scott C. Claus, who being sworn, stated that he is the Interim State Right of Way Manager for the State of Oregon, Department of Transportation, and that this document was voluntarily signed on behalf of the State of Oregon by authority delegated to him. Before me: OFFICIAL STAMP �G k le � _/� DALE REX SHAPER d7' NOTARY PUBLIC-OREGON Notary Public for Oregon COMMISSION NO.943628 My Commission expires MY o . COMMISSION EXPIRES OCTOBER 12,2019 08/25/2017 Page 3 of 3-deed Mo/se 230 J EXHIBIT A-Page 1 of 2 File 7139037A Drawing 11 B-4-30 8/13/2015 Parcel 1 —To Be Sold A parcel of land lying in Lot 1, Block 75, WOODBURN SENIOR ESTATES NO. 7A, Marion County, Oregon; the said parcel being that property designated as Parcel 2 and described in that Bargain and Sale Deed to the State of Oregon, by and through its Department of Transportation, recorded April 18, 2013 on Reel 3494, Page 26 of Marion County Records. This parcel of land contains 20,602 square feet, more or less. Parcel 2 — Permanent Easement For Slopes, Drainage Facilities, Water, Gas, Electric And Communication Service Lines, Fixtures And Facilities (To Be Retained By The Oregon Department Of Transportation) A parcel of land lying in Lot 1, Block 75, WOODBURN SENIOR ESTATES NO. 7A, Marion County, Oregon and being a portion of that property designated as Parcel 2 and described in that Bargain and Sale Deed to the State of Oregon, by and through its Department of Transportation, recorded April 18, 2013 on Reel 3494, Page 26 of Marion County Records, the said parcel being that portion of said property lying Northerly and Easterly of the following described line: Beginning at a point opposite and 62.60 feet Southerly of the center line of the relocated Hillsboro — Silverton Highway at Engineer's center line Station 523+00.00; thence Easterly parallel with said center line to Engineer's Station 524+89.00; thence Southeasterly in a straight line to a point opposite and 35.00 feet Westerly of the center line of Oregon Way (City Street) at Engineer's Station "OW" 10+99.00; thence Southerly in a straight line to a point opposite and 33.60 feet Westerly of said Oregon Way center line at Engineer's Station "OW" 11+19.00; thence Southerly parallel with said Oregon Way center line to Engineer's Station "OW" 12+06.00, thence Southerly in a straight line to the Westerly right of way of said Oregon Way a point opposite and 30.00 feet Westerly of said Oregon Way center line at Engineer's Station "OW" 12+60.00 and the terminus of said described line. The center line of the relocate Hillsboro —Silverton Highway is described as follows: Beginning at Engineer's center line Station 514+00.00, said station being 59.48 feet South and 1,652.55 feet East of the Northwest corner of the Andrew Dubois D.L.C. No. 98, Township 5 South, Range 2 West, W.M.; thence South 871 17' 33" East 1,124.18 feet to Engineer's center line Station 525+24.18. 231 EXHIBIT A-Page 2 of 2 File 7139037A Drawing 11 B-4-30 8/13/2015 The center line of Oregon Way is described as follows: Beginning at Engineer's center line Station "OW" 10+00.00, said station being 113.39 feet South and 2,792.00 feet East of the Northwest corner of the Andrew Dubois D.L.C. No. 98, Township 5 South, Range 2 Wes, W.M., thence South 20 14' 09" West 817.80 feet to Engineer's center line Station "OW" 18+17.80. Bearings are based on County Survey No. 37627, filed August 27, 2009, Marion County, Oregon. This parcel contains 1,729 square feet, more or less. REGISTERED PROFESSIONAL LAND SURVEYOR DIGITAL SIGNATURE aav OREGON JULY 19, 1994 SCOTT RICHARD MORRISON 2674 RENEWS: 12/31/2016 232 REEL: 3986 PAGE: 148 August 28, 2017, 02:10 pm. CONTROL #: 473317 State of Oregon County of Marion I hereby certify that the attached instrument was received and duly recorded by me in Marion County records: FEE: $ 66.00 BILL BURGESS COUNTY CLERK THIS IS NOT AN INVOICE. 233 rt Al p nm IIIIIIIIIIIIII� IIIIIIIIIIIIIII CMU WALL DETAIL ""' \arc raL scrEEN waLL s - _—_—_ HWY 214 IIIIIIIIIIIIIIIIIIIIIIIII A L E rxe: —_—_— mill fig � m�� jjj� 1GA cS h P �m C.STORE �I< TRASH ENCLOSUREJim 4,110 SF 2 cone,vs"-i'w" .vscmumm.nwem uvw 9 ortW.i ¢a y cvu fi� �� TL 2540 .. Y I� p M s I OFFICE 1663 SF 1-1,'\\\1 l S y �rse S I ak ��j1 12 TL 2600 �'� 0 LnwH �� A 9 s n x D _ I COMMERCIAL a'.m w Fcm a r^xq wa GENERAL a m cone in FP k x, -� din I " ,RUNDOME oE.AL . L TRACTILE WARNING 5 ; �..� - �� o K TOTAL PAR G SPACES, � �m ^rvxi.aiCtl_a" c SFE AlO FOR BPdAIatOWN wrvEe �i�w � Y R ' ' o RIS _ s RETIREMENT COMMUJITY SINGE I X12 M i FAMILY RESIDENRAL � rWae. OFFICE 5 000 SF CLI .sl —:72771- af ^ r ,nhwn „,� •,•• �, �, .^�� t�SITE PLAN // V mcnu,auaw RE afz �•R l.l ,3 ^ABICYCLE PARKING RACK DETAIL tl4� 5 ACCESSIBLE RAMP DESIGN REVIEW SET 10/4/21 vu CONVENIENCE STORE v _ w .a w 41 ONNIATI ENCE STORE-SOUTH ELEVON t� 00000000 U�..E-,.�VE.,_m� _ ❑ 0000000000000 *CONVENIENCE STORE-CROSS SECTION ee e e �t6w\� h CONVENIENCE STORE-WEST ELEVATION t� CONVENIENCE STORE-EAST ELEVATION t� ""°L°JJ°P® Ute.°,..T U -b .. OF OFFICE BUILDING jj /. -ir E ANGLED WALL m 1 % i CONVENIENCE STORE NO n * RTH ELEVATION u � ¢ z °o -- Hillo 0 D *OFFICE BUILDING-SOUTH ELEVATION r�� a W3 LL�c m -�.cumrt ro H] HtMt r�OFFICE BUILDING-NORTH ELEVATION : .�P. y y DESIGN REVIEW SET 10/4/21 r� OFFICE BLDG-WEST ELEV. r_ .. SITE SUMMARY - wn�a -ww�mm Fm-reHWYY214 .�, ,mawew..a�,� nmx, mw nnnnnnld �n.,x � IIIIIIIIIIIIIII �° `y �°nre.E�oev ,a' 'm^' v snag s IIIIIIIIIIIIIIIIIIIIIIIII m Z® wiz STORE .a" � x: 4,110 SF ,I I OFFICE 1863 SF 0 v�dg s 7 * p a acs w .awn w� t � sum sseE senne,.micx n>r.y4 rz,. „r.w �' IN ",'i,uw x'mEaa.�w, wgrewaq — - �reua w y,rwny �v '4 P C i �mcvx<u=im msrurew,wow .4 .� mrnsx� � ry ,�,w w g,zw>& a omwaw 5 e m: s_l w 0 F 14 raG ��, ro. _ i Qtir zo PLANT LIST w re„+ceo.ssw oas,w w o 12 z. OFFICE ., 5,000 SF = =u",= , Ro �� w w �wr LANDSCAPE PLANlz �1TEREE PLANTING z�N -- E kra � �� Or�rPCEau�sNaw�i�iau ae ��o DESIGN REVIEW SET 10/4/21 Woodburn TSP Updete September 2019 N 2 B y. R A w �.q DgyUR. v I �. x I -- I I p radion 3yvrmm 111-Upciann ® �r I � rvv�n x --___---_ a 0 G ; f ff s � fi u m � It ...... vc c—vnV r XA f e 1 Ms F NON ) { m, r I. d f nl Existing Roadway c c N N ax ' —Freeway 1 as ro Major Arterial s° -- Minor Arterial 119 j Service Collector Access Street ' ti Future Roadway Future Major Arte rial „e — Future Minor Arterial 0 Future Service Collector 1'��. """ 1 . Future Access Street e 0 1,000 2,000 3,000 Feet ----- Future Local Industrial City Boundary 1®J Urban Growth Boundary Functional Roadway Classification Figure AfTTacho„esoif r5� Woodburn,Oregon 2 Note:Future roadway alignments are approximate and subject to further refinement. 237 CU 21-02 US Market Gas Station: Attachment 201: Dictionary & Glossary This document defines and explains abbreviations, acronyms, phrases, and words particularly in the context of conditions of approval. • "ADA" refers to the federal Americans with Disabilities Act of 1990. • "AW" refers to Architectural Wall. • 'BFR" refers to Boones Ferry Road. • "CAE" refers to cross access easement. • "CDD" refers to the Community Development Department. • "CEP" refers to civil engineering plan review,which is a review process independent of land use review led by the Community Development Department Planning Division and that is led by the Public Works Department Engineering Division through any application forms, fees, and review criteria as the Division might establish. A staff expectation is that CEP follows land use review and approval, that is, a final decision, and precedes either building permit application or issuance as PW determines. • "County" refers to Marion County. • "Director" refers to the Community Development Director. • "exc." means excluding. • "GFA" refers to gross floor area. • "ft" refers to feet. • "highway" refers to Oregon Highway 214/ Newberg Highway. • "max" means maximum. • "min" means minimum. • "Modal share" means the percentage of travelers using a particular type of transportation or number of trips using a type, as examples walking, cycling, riding transit, and driving. • "Modal shift" means a change in modal share. • "MUTCD" refers to Manual on Uniform Traffic Control Devices of the U.S. Department of Transportation (U.S. DOT) Federal Highway Administration (FHWA). • "NE means northeast. • "NW" means northwest. • "OAR" refers to Oregon Administrative Rules. • "o.c." refers to on-center spacing, such as of trees or shrubs. • "ODOT" refers to the Oregon Department of Transportation. • "OR 211" refers to Oregon Highway 211, which is Molalla Road. • "OR 214" refers to Oregon Highway 214, which is Newberg Highway. • "OR 99E" refers to Oregon Highway 99E, which is Pacific Highway. CU 21-02 US Market Gas Station,etc.Staff Report/Final Decision Attachment 201 Page 1 of 3 238 • "ORS" refers to Oregon Revised Statutes. • "PBPE" refers to a public bicycle/pedestrian easement that grants pedestrian and cyclist access along sidewalk that overlaps private property or along an off-street bicycle/pedestrian path on private property. It substitutes for a PUBPE. "PLA" refers to property line adjustment. • "PU" refers to plant unit as WDO Table 3.0613 describes. • "PUBPE" refers to a PUE adapted to grant pedestrian and cyclist access along sidewalk that overlaps private property ("roadside" or "streetside" PUBPE) or along an off-street bicycle/pedestrian path on private property ("off-street" PUBPE). A PBPE may substitute. • "PUE" refers to public utility easement, whether along and abutting public ROW ("streetside" PUE) or extending into or across the interior of private property ("off-street" PUE). In the context of property line adjustment, partition, or subdivision, the developer records through or with the plat. Absent this context, recordation is separate from land use review pursuant to a document template or templates established by PW. PW is the project manager for receiving, reviewing, accepting, obtaining City Council approval for, and recording legal instrument materials that a developer submits. • "PW" refers to Public Works (the department) or on rare occasion public works (civil infrastructure) depending on context. • "Root barrier" refers to that illustrated by PW SS&Ds i:)i- wiiii 1`o, 1. `Stii, ti � i- If)lIai�ti% ........ .... . „ ii N. ew Coii°isti:iiFlucti:iioii°�'". ................................................................................................................................. • "ROW" refers to right-of-way. • "RPZ" refers to root protection zone in the context of tree preservation. • "SE" means southeast. • "SDA" refers to site development area, the entire territory that is the subject of the land use application package. • "Shared rear lane" refers to what resembles and functions like an alley, but isn't public ROW. • "sq ft" refers to square feet. • "SS&Ds" refers to PW standa.r;�,),,s„l ..,u;�;,�,c..a,;t,u„��„�;.,s,,,,,a„�;.,.),,,,,d„r;aW.ing.., • "Street trees” refer to trees that conform to the WDO, including 3.06.03A and Tables 3.0613 & C, and that have root barriers where applicable per PW I)! yiii 1`o1. `StiiFl ti pFl „ II !!�:t.ii!!�.g.....11 . . .... a !! �::.P.Fl.!uc:�::.1i.2.ln • "Substantial construction” means that per WDO 1.02 through Ordinance No. 2602 (LA 21- 01). • "SW” means southwest. • "Tax Lot 3400" means 052W12DB03400, which is 943 Oregon Way. • "Tax Lot 3600" means 052W12DB03600, which is 2600 Newberg Hwy. • "Tax Lot 3700" means 052W12DB03700, which is 2540 Newberg Hwy. • "Tax Lot 3700" means 052W12DB03700, which is 2540 Newberg Hwy. • "Tax Lot 3500" means 052W12DB03500, which is 953 Oregon Way. CU 21-02 US Market Gas Station,etc.Staff Report/Final Decision Attachment 201 Page 2 of 3 239 • "Tax Lot 90000" means 052W12DB90000, which is 950 Evergreen Rd. • "TCE" refers to temporary construction easement. • "Tot." means total. • "TPU" means the l..r�a_nsit Pl a _l D„ a Approved Final Report dated November 8, 2010. • "TDM" refers to transportation demand management, which means according to the TSP (p. 82), "a policy tool as well as a general term used to describe any action that removes single occupant vehicle trips from the roadway during peak travel demand periods", and according to Wikipedia as of October 13, 2020, "the application of strategies and policies to reduce travel demand, or to redistribute this demand in space or in time." • "TSP" means the C,��,��,�,�a,��„r;,�;�,,,,,,,i,,,,ra.n„s„p,��„��,�,;�,u,��,�;i,,,,, „ ,ste.� ,,,,,,��,l„a„��,,,,,,(,,,l,,, „��„)„ • "UGB” means urban growth boundary. • "WDO” refers tot eWoobu.rn DWve.ol„ „ Ordnance. .................................................................................................................... a ,;,,,,, .............................................................. • "WFD” refers to the Woodburn Fire District. • "WTS” refers to the Woodburn Transit System. • "w/i” means within. • "w/o” means without. • "VCA" refers to vision clearance area as WDO 1.02 and 3.03.06 establish or as a specific condition establishes. CU 21-02 US Market Gas Station,etc.Staff Report/Final Decision Attachment 201 Page 3 of 3 240 CU 21-02 US Market Gas Station: Attachment 202: Civil Engineering Plan (CEP) Review Provisions Refer to Condition G3/Attachment 201 for a dictionary/glossary, including acronyms and shorthand text. A. Purpose: For other departments and divisions, to facilitate review of plans that following a land use final decision a developer submits to the PW Engineering Division for civil engineering plan (CEP) review. To be a means of implementing land use final decision conditions of approval affecting street improvements, both surface and underground, and extending into PUEs. To specify public improvement standards where there is no detailed specification in the WDO or the public works construction code. B. Administration: The process by which to receive, review, and approve drawings and other documents related to public improvements required by land use conditions of approval may be through CEP that is paired with or incorporated into building permit review, if the City Engineer in writing allows the latter. C. Application: For CEP, per what PW requires, and original/ 1st submittal shall be due no later than final plat application to the Director. D. Cover letter: Upon submitting CEP application to PW, a developer shall simultaneously alert the Director through a cover letter to the attention of the Community Development Department Planning Division referencing the intended or, if known, actual submittal date as well as the project name, tax lot number(s), street address(es), and the land use final decision conditions of approval that require the public improvements that are the subject of the civil engineering plans. Referencing conditions may be by quotation or citing the identification numbers. The developer shall identify the specific sheet (by number) or document page number that illustrates or notes how each part of a condition is met. E. Contact information: The developer shall state the applicant's name, company, phone number, e-mail address, and desired date for City staff to respond with review comments. The cover letter to the Director may include these. The developer may submit to the attention of the Director a copy of the stamped CEP application form submitted to PW if the form includes this required information. F. Fees: The developer shall pay review fees per Attachment 203 and submit to the attention of the Director a copy of proof of payment, which should be bundled with other materials for the Director. CU 21-02 US Market Gas Station,etc.Staff Report/Final Decision Attachment 202 Page 1 of 2 241 G. Site plans and other drawings: For any of CEP review by the Director: 1. Sizes/copies: From among the minimum number of copies submitted to PW, submit to the attention of the Director at least 4 plan size copies of plan sets, 2 plotted at native scale (minimum 22 by 34 inches, maximum 24 by 36) and 2 at ledger (11 by 17). Within the cover sheet title block(s), include the date or anticipated date of submittal and the phrase "Civil Engineering Plans" or "Civil Plans for CEP". 2. Folding/electronic: Fold the plan size sets if thin enough to do so. Submit also Adobe PDF copies using a fileshare service. H. Developer's role: The developer is the project manager. Because the Engineering Division may establish that CEP applicants have a single point of contact termed the "engineer of record", the developer manages the engineer of record who handles the CEP and also interacts with the Community Development Director regarding DDP review. For the Director, the developer is the point of contact, namely whoever on the developer's team the developer tasks with being the project manager. The developer shall be responsible for integrating Director directions into CEP review that the engineer of record leads with the Engineering Division. If, when, and where conflicts arise between Director directions and Engineering Division directions, the developer shall be responsible for communicating with formal cover or transmittal letters messages from the conflicting division to the other division, and shall communicate such. I. [Letter "I" skipped]. J. Approved plan set: There shall result an official version of a civil engineering plan set marked approved and issued by PW that shows all common area improvements and public improvements, including off-street public improvements, resulting from CEP, and where applicable resulting from DDP, that conforms to land use final decision conditions of approval. It shall come to be prior to building permit application, and CEP approved plan set approval and issuance shall be prohibited until the developer pays any CEP review fees per Attachment 203. The developer shall submit to the Director print and electronic copies of the plan set marked approved and issued by PW. CEP approval shall precede any of(1) completion of recordation with the County, specifically no later than a City official signing a plat or re-plat Mylar per WDO 5.01.06C.1 and (2) building permit application, whichever is earlier. CU 21-02 US Market Gas Station,etc.Staff Report/Final Decision Attachment 202 Page 2 of 2 242 CU 21-02 US Market Gas Station: Attachment 203: Conditioned Fees All of the following conditioned fees are due as applicable, whether or not mentioned directly by a condition of approval. Refer to Condition G3 for a dictionary/glossary, including acronyms and shorthand text. Part A. Fee Provisions 1. Any and all conditioned fees are in addition to, and not in place or as discounts of, any existing charge or fee however termed ordinarily assessed based on any existing ordinance, resolution, or administrative policy, inc. adopted fee schedules. If and when the City amends any ordinance, resolution, or administrative policy, inc. a fee schedule, to increase a charge or fee that is both (1) the same kind of charge or fee that is conditioned, (2) the amended charge or fee amount would exceed the amount conditioned, and (3) the increase takes effect before the conditioned fee is due, then the developer shall pay the greater amount. 2. Payments of conditioned fees due outside the context of assessment and payment through building permit shall reference a final decision case file number and the condition of approval letter/number designation, be it in a check memo field or through a cover or transmittal letter. 3. For fees due by building permit issuance, a developer may request the Director to allocate payments the same as allowed for fees in-lieu by WDO 4.02.12A.2 through Ordinance No. 2602 (LA 21-01), specifically, to pay across issuance of two or more structural building permits for the subject development. For all administrative and logistical questions about payment of land use conditioned fees outside the context of assessment and payment through building permit, the developer is to contact the Administrative Assistant at (503) 982-5246 and refer to this attachment within the CU 21-02 US Market gas station final decision. For payment method citywide policy details,the developer is to contact the Finance Department at (503) 982-5222, option 1, for payment method policy details or view its vu��_by.�.g.". CU 21-02 US Market Gas Station etc.Staff Report/Final Decision Attachment 203 Page 1 of 4 243 Part B. Fee Table Table 2038. Conditioned Fees Condition Fee Type Amount Context Timing Staff Reference Tracking: T-A 1. Transportation signal timing and crash safety By year of Fee in lieu of investigation Building permit issuance study fee in-lieu assessment: in coordination with ODOT 2022: $16,890 of corridor signal timing and 2023: $17,489 coordination adjustments. 2024: $18,014 (TSP R11 adjusted for or 2025 or inflation from Sept.2019 to later: $18,555 Apr.2022 as 2022 amount.) 2. City transportation consultant recoupment fee $4,760 To recoup the cost of its Building permit issuance transportation consultant reviewing and advising upon the TIA 3. I-5 interchange with OR 214 $1,000 To mitigate and to reduce Building permit issuance vehicle crashes 4. OR 214&Evergreen Rd $15,000 To reduce vehicle crashes Building permit issuance 5. OR 99E&OR 211/214 $21,000 To mitigate and to reduce Building permit issuance vehicle crashes T-T Bus shelter fee in-lieu By year of Oregon Way northbound Building permit issuance assessment: stop 2022: $13,214 2023: $13,610 2024: $14,018 or 2025 or later: $14,439 Bus stop bicycle parking fee in-lieu $510.20 EX1&EX2 Street tree fee in-lieu: For highway $950 per tree. Street Exception EXCP 21-05 Building permit issuance For EX1, from standard frontage assessed at improvements,which minimum 5 includes existing curb-tight trees. sidewalk CU 21-02 US Market Gas Station etc.Staff Report/Final Decision Attachment 203 Page 2 of 4 244 Table 2038. Conditioned Fees Condition Fee Type Amount Context Timing Staff Reference Tracking: For Oregon Way $950 per tree Applies to omitted street If CEP context,then by street trees trees,or,ones missing from building permit issuance;if omitted through required number upon in inspection context,then civil engineering inspection prior to passing final plan(CEP)review, inspection/obtaining or,inspection certificate of occupancy missing tree fee EX1 Fee in lieu of upgrading highway sidewalk to $78,705 A fee for sidewalk that EXCP Building permit issuance conform 21-05 excepts from conformance/upgrade EX2 Fee in lieu of upgrading street to have on-street $13,860 A fee for on-street parking Building permit issuance parallel parking per Fig.3.01E that EXCP 21-05 excepts from conformance/upgrade G6 through City tree fund $2,850 Existing City tree fund(for Building permit issuance this new trees in City ROWS and Attachment in parks and on other City 203 properties) G6 through Public Works Dept.civil engineering plan(CEP) $250;$346 Original/1"submittal;each Upon CEP application to this review: Review by Planning Division subsequent inc. Public Works Dept.(PW) Attachment deferral/piecemeal 203 Inspections by Planning Division $75;$346 1st inspection or Inspection requests "walkthrough";each related to public(street) subsequent improvements and building permits G6 through Bond/bonding/performance guarantee: $4,474;$346 Original/1st submittal;each If CEP context,then this Specifically any that would allow or allows the subsequent inc. payment(through Attachment developer to delay construction of street deferral/piecemeal. Serves Planning Division)upon 203 improvements beyond building permit issuance. as bond application/review CEP application to PW;if request fee and isn't a bond developer applies for amount itself. Fees not building permit review applicable to warranty and there has been no CEP bonds or ordinary application to PW,then construction bonds if they building permit issuance do not authorize delay of CU 21-02 US Market Gas Station etc.Staff Report/Final Decision Attachment 203 Page 3 of 4 245 Table 2038. Conditioned Fees Condition Fee Type Amount Context Timing Staff Reference Tracking: construction of street improvements beyond building permit issuance G4a&CU4 Fees in lieu per Ordinance No.2602 through WDO Per Part A Fee WDO 4.02.12 Per WDO 4.02.12A: 4.02.12. Provisions *If by the time necessary to Building permit issuance above,City assess in order to issue building ordinance, permit,the City would have not resolution,or yet established the fee in lieu policy.* of electric power line burial/ undergrounding,then the fee would default to$568 per lineal ft of line assessed at minimum 265 ft. CU 21-02 US Market Gas Station etc.Staff Report/Final Decision Attachment 203 Page 4 of 4 246 J ; � -'- N Incorpo, rraaed 1889 Staff Report To: Planning Commission Through: Chris Kerr, AICP, Community Development Director c', From: Colin Cortes, AICP, CNU-A, Senior Planner Meeting Date: June 9, 2022 (Prepared June 2, 2022) Item: 2540 & 2600 Newberg Hwy, "US Market" gas station (CU 21-02) Tax Lot(s): 052W12DB03700 (primary) & 3600 Table of Contents ISSUE BEFORE THE PLANNING COMMISSION.....................................................................1 EXECUTIVE SUMMARY....................................................................................................2 RECOMMENDATION .......................................................................................................6 ACTIONS ..................................................................................................................... 25 ATTACHMENT LIST....................................................................................................... 25 Issue before the Planning Commission Action on a consolidated land use application package (Type III), Conditional Use 21-02, Design Review 21-10, Exception to Street Right of Way and Improvement Requirements ("Street Exception") EXCP 21-05, & Phasing Plan PP 21-01 for a gas station with convenience store, known as US Market, and commercial office space, in the Commercial General (CG) zoning .................................................................................................................................................................................. district. ::lit :, L.uu lH JL ll 2 , 202 :,U 21...02Ipped� Ittac it 247 Executive Summary Location The proposal is to consolidate and redevelop five lots totaling 1.42 acres at 2540 & 2600 Newberg Highway (Oregon Highway 214). The subject property is located at the southwest corner of the intersection of the highway and Oregon Way. Existing Context The subject property is zoned Commercial General (CG) and was occupied by two vacant bank buildings, now demolished. Zqq, Illi V ' Ilii uuuu M r r) ,Ir fr ztinrr »ai sin �� 1 % (�I ✓r, r ll Iii 1 ,,,,,1 �S.t1 05f'. � ��!,9� �.�.P r vr. ".0 ,r,•' Subject property outlined in green Conditional Use The applicant/developer applied for a conditional use (CU) for the gas station because it is within 200 feet of residentially zoned property. A "conditional" use is called such because (1) it's conditional upon discrete approval by the City, and (2) the City can condition physical or operation aspects of a proposal, including on issues particular to the case at hand and above and beyond what Woodburn Development Ordinance (WDO) provisions directly address. CU 21-01"US Market"gas station Staff Report Page 2 of 25 248 The Proposal Staff and the developer have worked to produce a good site development by focusing on: a. The look and feel of street frontage for passers-by walking, cycling, and driving; b. The look and feel of yard landscaping along streets for passers-by walking, cycling, and driving as well as on-site employees and customers; c. Urban design: how close buildings are to sidewalk, how many and how large are windows, are their entrances visible from sidewalk and whether the public can see main entrances to buildings from sidewalk, and whether placements of entrances orient to those who walk or cycle no worse than to those who drive and park; d. How safely and comfortably pedestrians and cyclist can access and circulation among on- site buildings through walkways and visibly distinct crossings of drive aisles; e. Having enough on-site trash receptacles near sidewalk to lessen the likelihood of litter of yards along streets and street frontage by convenience store customers on foot; f. Avoiding excessive exterior lighting; g. Having reasonably decent architecture in the context of strip commercial development; h. Having the Architectural Wall look reasonably decent; i. Getting highway electric power poles and overhead electric power lines buried or fees in- lieu paid to fund such elsewhere in town; j. Having a few evergreen trees among newly planted trees; and k. Increase street trees and on-site trees, and provide for fee in-lieu to fund tree plantings elsewhere in town; I. Administering Street Exception EXCP 21-05 to have the developer improve Oregon Way to be the best of the two frontages for pedestrians and cyclists in exchange for leaving the highway frontage as is or largely as is; m. Mitigation of the unpleasant aspects of neighboring and patronizing a gas station and convenience store. The staff analyses and findings (Attachment 102), especially the Conditional Use Provisions and Street Exception Provisions sections, provide much more detail, and the recommended conditions of approval secure the above things. Site Plan The development is phased and has two site plan Options 1 & 2. Site plan excerpts follow on the next page(s), and a larger version is among the attached site plans (Attachment 103). Staff finds that the proposal meets applicable Woodburn Development Ordinance (WDO) provisions per the analyses and findings (Attachment 102). CU 21-01"US Market"gas station Staff Report Page 3 of 25 249 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... SITE SUMMARY N-FF 6' zp .631dm 51-;'43461 I J u L4Mv 4N r '` 0�L E!J LD VG W2EA I L. p LCL MX„Nlby p,V M O AL�LLiFE.SE gyp,IN 91(1 Mkr ---- - ----_` �HWY 214 � sw � L-11.1 rsc wFe V rcs — cN cgLEla.Y�� vpN �prel�e W�'i e re Fv3Sa / 5 f�. i ' waSE fm C. STOREa ,r Lr OFFICE 1$63 SF = a aEM i 1 7 aa�; -- — a.- �- 11;1 A54 � 1 } -1 J l 4 tO - I �I - I �E a 1I p 1� 112 I OFFICE 50010 SF , -nom... ...... _T. -Hales aaa i.l X41 —140a'b+19EP �/� Ay ,,e I.ANpI! APE PLAN Exhibit PP1: Option 1 Site Plan Excerpt Prior to Revision per Conditions of Approval CU 21-01"US Market"gas station Staff Report Page 4 of 25 250 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... SITE SUMMARY FR.^.FE4T-5ZE =W12(05F.(I A3 ACI TCTAL W LGIN=AzA =-%5 5T. TCTAL PI.vEC A 4l IIB 5T. TOTAL LANG9 A� AREA =-Z�9 5.(1-) I G 214 RcwD wNrEe LnE -- I rt$g.e, LPND6^..ra� L6N R m f Af�Ar t F4 I F RE<a.T�6 Mbsp ,6 P,W4I ]0R P � t klR.Q5 �— AE.W2ANC£ n� ,.V RG`ICE K PJ F 5 i 77 1 � 4101PoIe6 liv 9HPoE8 \ � g�F��lFk I� v I OFFICE G':�� 17®PJ � � � C �`cdnAlw�•.., � N {( EHRI05�u / FkdN[5�'�.. 4LR V arc m. . �a I �GGILIWeCaw � m f �/� I 4�A��IB N x { y U La+nscnPE � ! � PSUINs Stn 1pJ I t- ' Lr�w weeL aw 1 � I r�ES mR. I`I b S',,.JyJp6 WMP I Lk °.c4fE B1 " !I116NRIE6 tt�'E'N A' PJ R£9 1•'1® 1 TOlP1 MP5),�t D %i 4EE ra®R -d4HI iF�£6i 10=11 Iht Yi�� h `•R,k S-5i?J J 1 r Y 4 F14�0.]Q� � .. 61?�EEI RPiG'dIDEDT 7 6NxLEb E%R rr�—�. PFGYID •..� PJ PRDwDEC e5 Pd � 1 ... b �`0.W.K4W 5 I 'e%�.1G5 N IAV�U,EARR4N."e. i✓ E I@ �C IIX11 f£D-WY�P qG 6E I � I f•. ' � 1��,1�1V JIRELT pt1L SIGUS �;I U4R�W 2rn'sIGES' O I. 1I :—.�14o'n i u � x TO PHq— 1 A �mmuuw..`e u�W'9eum�m'W v _. Ftio-� eco AFx � .�www�. w� a ?Ep t4M \ � O �LyuI NRB I M4MtMIN� I: AA PROPOSED C STORE ry �� :36%51RIb5 D4314 BF "9 I ra;ElaRueS— 1 1 1 I I I � �atlrw T 't •� Q _ E3 p 1 l I l.m)BH9199 ('1�oL� I (LANDSC.zm APE PLAN Exhibit PP2: Option 2 Site Plan Excerpt Prior to Revision per Conditions of Approval CU 21-01"US Market"gas station Staff Report Page 5 of 25 251 Recommendation Approval with conditions: Staff recommends that the Planning Commission consider the staff report and its attachments and approve the consolidated applications package with the conditions recommended by staff below. Conditions of Approval The conditions are copied from towards the end of the analyses and findings (Attachment 102): General G1. By and 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 by the Building Division. 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 3.01.02 and 4.02.12 through Ordinance No. 2602 (LA 21-01) unless if and where a condition of approval has more restrictive timing. b. Where phasing is relevant, building permit issuance means issuance for the phase in which the conditioned improvement is located. c. Where changes to street addresses are necessary, the developer shall apply through the Planning Division for and obtain approval of an Address Assignment Request. This is due prior to building permit application, and if property line adjustment or lot consolidation were to become relevant, then also after recordation with County. G5. Recordation due dates: The applicant shall apply to the County for recordations of items that the City requires no later than six (6) months prior to expiration of the land use approval as WDO 4.02.04B establishes, and shall complete recordations no later than three years past the CU 21-01"US Market"gas station Staff Report Page 6 of 25 252 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. Fees: The developer shall pay fees per Attachment 203. CU 21-01"US Market"gas station Staff Report Page 7 of 25 253 Phasing Plan 21-01 PP. Phasing Plan: 1. Options 1 & 2: The developer may develop a site plan revised to conform to conditions of approval and based on either: a. Option 1: The site plan concept last revised and re-submitted for land use review on February 9, 2022 and premised on there being no ODOT factor (see the ODOT factor condition); or b. Option 2: The different site plan revised and submitted May 2, 2022 premised on the developer's understanding of the ODOT factor. This due by building permit application. 2. Basic Descriptions: a. Option 1: See Exhibit PP1 below for plan details. (1) On Tax Lot 3600 (east, corner lot), a single northeast building of with convenience store of 4,110 sq ft and a commercial office of 1,863 sq ft. (2) On Tax Lot 3700 (west, interior lot), a north fuel pump canopy and a south commercial office building of 5,000 sq ft. b. Option 2: See Exhibit PP2 below for plan details. (1) On Tax Lot 3600 (east, corner lot), a single northeast commercial office building of 3,649 sq ft. (2) On Tax Lot 3700 (west, interior lot), a north fuel pump canopy and a south convenience store of 4,314 sq ft. 3. Phasing: The developer may phase an option: a. Option 1: To develop the south office building and necessary corollary improvements later than the gas station complex of convenience store, attached commercial office, and fuel pump canopy and necessary corollary improvements. b. Option 2: To develop at different times (1) the gas station complex of convenience store and fuel pump canopy and necessary corollary improvements, and (2) the northeast office building and necessary corollary improvements. 4. All conditions apply to any option, 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. 5. By and as part of building permit application, the applicant shall submit revised site plans meeting the conditions of approval. CU 21-01"US Market"gas station Staff Report Page 8 of 25 254 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... SITE SUMMARY FFroPEF-'613E 63 U9 5F. O9L 4..CC'1— M�$6 PP 4a, O 6J D OIFL AJ_D IIS DV bm ---- — ----_` �HWY 214 �n w frac ' a P ,e g. lane .tea o a� ls3s-n ' / as - � ✓, �yl r��I�y+— — � � � yypp �F�n ;[,� d I� C. STORE 3 4,110 SF L 9 � F l � I I�v Ill'A 11 IV 1 o- AW o R OFFICE 1$63 SF -• EY sa 4 -FE � a' E 5" /!,� N,6 rJ'Y9 uul p � � '. r•m uwN1 _R � it _ 9+ J P m 1 l"M I'Ys' 'Ay EA rapd_vvta AWI I V- w LJAwA � I rcuro,e wv cin to F.S.cN C 141 ISE rs� Ul 11! a - ... ! ✓i�w = 13 � � I 1 i . ., m.al,P" t OFFICE tj 50010 SF �I �- P c A— a LANDSCAPE PLAN � w�� .:a Exhibit PP1: Option 1 Site Plan Excerpt Prior to Revision per Conditions of Approval CU 21-01"US Market"gas station Staff Report Page 9 of 25 255 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... SITE SUMMARY Prv^.——E 7 -631P@ 5F.N13 ALi TOTAL eU"LGINFA-14 -'3615F T—L F—GAG .411l 5F TOTAL L.NC9 AM 4RFA :-239 S (GF) I HWY 21d � ---_--�---------------_------aiao=MNrse4------------- I L+We£CAF_ C L Ge free�s sus:_ dLAYG6' AF.c Y8l 5 R - C f t cv 6=_d 1— .t K4 kE2 Y=M M be p �n `\ AfEr�34fS lP PJ I 6=S 911 � P'PdJ IbJ l4 FJ 6�'dIBS 5 V ry i I`�R,(.# E SNC I?E!.J4K B;Po£b Mi SMa.eS � K'3�d� 10 OFFICE 4i 01PoIB8 Pv�"PoEe ,r 9 I.ANos..A.�-oral sueae sw ..� rr P4 I GLS: Ed PJ � �V Y ��I 1y �• ��r � � � \ \�\\ (4P.,SN=LeS SIGG C! Ir� CE LI_WaIG4' � IWY:. r� � ....... 6�� ]:NRJ&41 vda-d rd l7le� LJ� LA SCAFE A �A Bao rE N LM'G9GaF£ i pEL��5td ICM P 1� �tl-W��fL 1 �_- I TEES..5 R. I •' styes PJ pRJMJEJ CB PJ � I PJ4 BB R i✓ 0.J11.K4W 6 iPP�EG W Ru'^v:DEG; 1 E ` J7� G1.m,Eg44N•c. pEp 91d ]i�aSN Ipl1 � '- � L611aA6 ILE W' JIRE,.T WI7".nG 69T SGr 1.Nq CFr ro ru.trr I FEO C4Tfv �, � �rcx T MdMtWN VIb cN I ®1111 I IN IIII IN I '. II Grp xsed I PROPOSED I. A� C STORE A,S1A BF � r �Sc� r i \\� e\�\ �ffA 4943CR Il I I ,�oI_ND.�CAPE PLAN �c AL9.I• Exhibit PP2: Option 2 Site Plan Excerpt Prior to Revision per Conditions of Approval CU 21-01"US Market"gas station Staff Report Page 10 of 25 256 -------------------------------------------------------------------------------------- Design Review 21-10 D1. PUEs: If minimum width streetside PUB do not yet exist as 10 ft along the highway per WDO Figure 3.0113 or 5 ft along Oregon way per 3.02.0113, the developer shall grant such. Max widths shall be per Conditions EX1 & EX2. This is due by building permit application. D2. Parking/vehicular circulation setback: Option 2: To conform to WDO 3.05.02E, the developer shall do one of the following: (a) revise the site plan to set back parking and vehicular circulation area min 5 ft from the northerly east lot line of 2600 Newberg Hwy (Tax Lot 3700) and to landscape the setback per 3.06 and plant min 4 trees within it; (b) have a shared use agreement per 3.05.02E; or (c) doing (a) in part and in combination with (b). This is due by building permit issuance. D3. Parking/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. CU 21-01"US Market"gas station Staff Report Page 11 of 25 257 ...................................................................................................................................................... Conditional Use 21-02 CU1. Architecture: a. Canopies/fixed awnings: 1. General: Min height clearance 9 ft. 2. Fuel pump canopy: Max ceiling height 14.5 ft to either(a) ceiling or (b) ceiling- mounted lighting fixtures, whichever is lower. 3. Option 1: (a) Convenience store/ NE office building: Each west 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. Each east mandoor shall have the same, except min area 18 sq ft, min depth 3 ft. (b) South 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. It 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 18 sq ft, min depth 3 ft. 4. Option 2: (c) Convenience store: North entrance shall have a fixed awning or a canopy that shelters from the weather, min area 48 sq ft, min depth 4 ft. Each side or rear mandoor shall have the same, except min area 12 sq ft, min depth 2 ft. (d) NE commercial office: The main entrance shall have any of the following that that shelters from the weather: (1) a fixed awning or a canopy, (2) a building recess, or (3) combination. Min area 64 sq ft, narrowest dimension 6 ft. Min one of the other entrances shall have the same, except min area 24 sq ft, narrowest dimension 4 ft. Every south and west facade storefront window shall have any of a fixed awning, canopy, building wall projection, secondary roof, or sun louver min width same as the window and min depth 2 ft. Building color shall be other than black or charcoal. b. Cladding/materials: (1) Option 1: Convenience store/ NE commercial office: Base cladding min height 2 ft of brick, CMU finished to resemble cut stone, or adhered stone. The proposed east CMU mandoor screen 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. (2) Option 2: NE commercial office: Base cladding min height 2 ft of brick, CMU finished to resemble cut stone, or adhered stone. CU 21-01"US Market"gas station Staff Report Page 12 of 25 258 c. Entrance: Option 2: NE commercial office: The main entrance door or doors of the office building shall be at any of the NE corner, within the east facade, or at the SE corner of the building. A corner entrance may be angled or both at one side of a corner and within 12 ft of the corner where main wall planes intersect or would intersect. d. Scuppers: Any building rainwater scuppers shall not to dump onto the pavement of a wide walkway. e. Setbacks: (1) General: Site NE corner min setback shall equal streetside PUE. (2) Option 1: (a) Convenience store/ NE commercial office: max 15 ft from highway and max 20 ft from Oregon Way ROW (measured from straight line ROW, not variable ROW at intersection). (b) South commercial office: min 5 ft from Tax Lot 3700 east, south, and west lot lines. (3) Option 2: NE commercial office: max 15 ft from each of highway and Oregon Way ROW (measured from straight line ROW, not variable ROW at intersection). NE corner min setback shall equal streetside PUE. West and south setbacks each shall be min 10 ft. f. Windows: (1) General: All windows shall be square, round, or vertically proportioned. Operable windows shall have insect screens. (2) Min area: (a) Option 1: (1) Convenience store: West facade 30%; north 30%; east 36 sq ft. (2) NE commercial office: West and south facades 30%; east 144 sq ft. (3) South commercial office: North facade 30%; east 15%; south 20%; and west 20%. (b) Option 2: (i) Convenience store: North facade 30%. Each of east, south, and west facades min 1 window min 7.5 sq ft, min 1.5 ft wide, and wholly within 8.5 ft of grade. (ii) NE commercial office: North facade 30%; east 40%; south 30%; and west 20%. CU2: 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. CU 21-01"US Market"gas station Staff Report Page 13 of 25 259 b. Min height shall be along the: (1) North and west lot lines of Tax Lot 3500 6 ft, 2 inches (if CMU, equal to 9 courses of blocks plus 2-inch smooth concrete cap). (2) North and east lot lines of Tax Lot 90000 (950 Evergreen Road) 8 ft, 2 inches (if CMU, equal to 12 courses of blocks plus 2-inch smooth concrete cap). (3) Where fencing may substitute per other conditions, for part 1. above it shall be 6 ft, and for part 2. above, 8 ft. 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 Public Works 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: (1) 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. .................... J i � J Exhibit CU2d(1) VEMIM Exhibit CU2d(2) CU 21-01"US Market"gas station Staff Report Page 14 of 25 260 (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. e. Color: Masonry and any paint shall be a color or colors other than black, charcoal, or 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 or charcoal. On free-standing walls with two or more colors, darker colors shall be towards the bottom and lighter ones towards the top. f. Material: AW segments at 40 ft north or farther from the south lot line of Tax Lot 3700 may be partly made of opaque cedar wood fencing if the wall remains mostly masonry. Specifically, masonry must constitute the bottom extent of wall segment from grade up to min 2 ft, 8 inches above grade, and there shall be piers or pilasters per "Details" below. Exhibit CU2f below illustrates a similar, conforming example: .......................................................................................................................................................................................................................................................................................................................................................................................................................................................... f 4YS (•, ." I. ••,'i ( L y .L I ALLEAN C A!'PP1VP t ( fGF'AR[AI PUJ Pf-:T ... ............................................................... ..... ......... .. I I I ._._. ..............._._.._....(_._._. _..................... _. _._._._._.._.._._._._._._.._.. F U TINY!I C'faAl.€. ELEvu noN P 4M TYP ARCHITECTURAL WALL {ALAN & ELEVATION SCALE .IT_V-0" Exhibit CU2f(DR 2017-08) g. Details: Each AW segment end shall have a pier or pilaster min 16 inches wide relative to wall face and projecting min 4 inches. Each segment shall have a min number of piers or pilasters equal to a ratio of 1 per 40 ft of wall. 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. If the AW is CMU, the 8t" and 9t" CMU courses above grade shall be ground face (5 ft, 4 inches through 6 ft above grade). CU3. Bicycle parking: Amount and general location: The developer shall provide bicycle parking as follows: a. Option 1 min stalls: (1) Convenience store: 2 (2) NE commercial office: 2 (3) South commercial office: 4 CU 21-01"US Market"gas station Staff Report Page 15 of 25 261 b. Option 2 min stalls: (1) Convenience store: 2 (2) NE commercial office: 4 c. General: Standards other than amount and general location shall conform to WDO 3.05.06 through Ordinance No. 2602 (LA 21-01). CU4. Electric power lines: The development shall conform to WDO 3.02.04 through Ordinance No. 2602 (LA 21-01). CUS. Landscaping: a. Bench: In the landscaped open space at or near the NE commercial office space, along a wide walkway or in a plaza, install either a 6-ft wide bench with back or a picnic bench. Set back from walkway and pave the setback, min either 2 ft for a bench or 3 ft for a picnic bench. b. Buffering/Screening: Evergreen hedge or shrubbery shall: (1) Line AW segments. (2) Screen transformers and other at-grade electrical and mechanical equipment along their sides, excepting the side intended for technician access. (3) Serve as means of conformance with WDO 3.06.05B (parking screening). c. Coniferous/evergreen trees: 1 min of trees new to the site. The 1 shall be 1 min of the following coniferous or evergreen species: Cedar, Western RedMadrone, Pacific ................................................................................................................................................................................................................................................................................................................................... Douglas-FirOak, Oregon White ................................................................................................................................................................................................................................................................................................................................... Fir, GrandPine, Ponderosa; and ................................................................................................................................................................................................................................................................................................................................... Hemlock, Western Yew, Pacific d. Front yard (1) Trees: (a) Plant min 7 trees in the yard along the highway and min 10 ft and max 20 ft from ROW. (b) Plant min 4 trees in the yard along Oregon Way, min 5 ft and max 20 ft from ROW, in a loose row with min 3 of them spaced offset from and complementing street trees. (2) Hedge/shrubbery: In all areas not occupied by buildings and pavement, landscape per WDO 3.06. (a) 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 and maintain min 5 ft from sidewalk and max 12 ft from ROW. (b) Option 1: On Tax Lot 3600 in the yard along the Oregon Way, line the convenience store rear east free-standing wall with a hedge or row of continuous small or medium shrubbery. CU 21-01"US Market"gas station Staff Report Page 16 of 25 262 (c) Option 2: On Tax Lot 3600 in the yard along the Oregon Way, plant a hedge or row of continuous small or medium shrubbery extending along the east dead- end of the drive aisle. Plant and maintain min 1 ft from sidewalk. e. Site interior: (1) AW: Line each Architectural Wall segment with a hedge or row of continuous medium or large shrubbery. (2) Bark dust: Of landscaped area, max 3% may be bark dust, mulch, wood chip, pebbles, or sand. Walkway and plaza paving do not count against landscaping minimums. (3) 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. (4) Plaza: At or within 30 ft of the NE commercial office space and adjacent to a wide walkway shall be a plaza min 81 sq ft, exc. walkway area, at 9 ft narrowest dimension, paved with bricks, concrete pavers, field or flagstone, or poured cement. (5) South yard: Within 100 ft of the Tax Lot 3700 south lot line, plant either for Option 1 min 2 trees or for Option 2 min 5 trees. Of these for Option 2, min 2 large with the westernmost tree being one of the large ones. f. Parking area: (1) Option 1: (a) Convenience store: A landscape island shall be roughly in the middle the parking aisle fronting the convenience store that conform to WDO 3.06.03C through Ordinance No. 2602 (LA 21-01). (b) NE office: Plant a large tree in the southwesterly area of the south yard lawn. (c) South 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 patio west side. (2) Option 2: (a) Convenience store: A landscape island shall cap each end of the parking aisle fronting the convenience store per WDO 3.06.03C through Ordinance No. 2602 (LA 21-01), and the east island may be on the west side of the wide walkway that another condition requires. (b) NE office: The office parking area drive aisle east end shall have the inside of curb min 3 ft from edge of streetside PUE, and the 3-ft width shall have a tree. CU6. Lighting: a. General: Shall conform to WDO 3.11 through Ordinance No. 2602 (LA 21-01). b. 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. c. Fuel pump canopy: Max 16 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 CU 21-01"US Market"gas station Staff Report Page 17 of 25 263 southernmost primary building on Tax Lot 3700. The developer shall make so either of the following: (1) ceiling light fixtures shall not drop below the ceiling plane, or (2)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. d. Option 1: Max of: (1) Convenience store: 1 wall fixture on the east rear and none on the north side. (2) NE commercial office: 1 wall fixture each on the west front and east rear. (3) South commercial office: 1 wall fixture at the south rear and none at the east and west sides. e. Option 2: Max of: (1) Convenience store: 2 wall fixtures on the south rear, 1 each on the east and west sides. Parking area or other pole fixtures prohibited in the east side, south rear, and west side yards. (2) NE commercial office: 1 wall fixture on the south, 1 each on the east and west sides, and the south yard limited to 2 parking area poles. No other pole types in the north, east, or west yards. CU7: Parking: 1. Standard stall length: The developer may set standard size 90°angle stall length at 18 ft instead of 19 per WDO Table 3.0513 through Ordinance No. 2602 (LA 21-01). 2. EV: Electric vehicle (EV) parking shall be min 1 stall with a charging station and placed near commercial office area. Remaining EV parking standards shall be per WDO 3.05 through Ordinance No. 2602 (LA 21-01). 3. Wheelstops/wheel stops: Every angled or 90° parking stall along a wide walkway shall have a wheel stop max 4 inches high. A wheel stop shall not straddle adjacent stalls. If and where the developer opts to install wheel stops where not required, they also shall conform to the height limit. CUB. Walkways: a. General: Shall conform with WDO 3.04.06 through Ordinance No. 2602 (LA 21-01). b. Gap: A walkway, min 3.5 ft wide as an exception to part a., shall connect a building perimeter walkway system west to the AW conditioned gap or opening along the west lot line of Tax Lot 3700. c. Convenience store &fuel pump canopy: The three pump islands together shall have one or more walkway crossings to the convenience store main entrance walkway, and as an exception to part (a) above, each min 3 ft wide. For Option 1, minimum 1 crossing; for Option 2, min 2. A walkway crossing may incorporate an ADA parking space accessible aisle. Walkways should be straight, and where needing to jog, should CU 21-01"US Market"gas station Staff Report Page 18 of 25 264 jog at 45° max and at the point where vehicles pass in opposite directions or between vehicle lanes. d. Option 2: At the NE of the convenience store, the wide walkway crossing of drive aisle shall be at or near a right angle to drive aisle. CU9. Access management: These are due by building permit application: a. General: Access management shall conform with WDO 3.02.01E, 3.04.01A.2, and 3.04.03C & D through Ordinance No. 2602 (LA 21-01). Regarding recordation of one or more types of legal instruments and how, the developer shall conform to the conditions in ways that satisfy the County. b. Bicycle/pedestrian: The develop shall grant the public access to walk, cycle, and roll along each wide walkway across Tax Lot 3600 to the benefit of 3700, relating to Oregon Way sidewalk access, and across Tax Lot 3700 to the benefit of 3600, relating to highway sidewalk access. c. Shared parking: If and where one or both of the subject lots lack minimum off-street parking ratio for all land uses on the lot, the developer shall revise site plans to conform to WDO 3.05.02 &Table 3.05A or shall create a shared parking agreement per WDO 3.05.05. This is due by building permit issuance. d. Cross access: (1) Local: To conform to WDO 3.04.03A.3, B.1, B.3 & C.2 and, through Ordinance No. 2602 (LA 21-01), WDO 3.04.03B.3, C.1, C.3, C.4, & D.2, for what is termed any of cross access, ingress/egress, public access, or shared access, the developer shall grant the public access (a) across Tax Lot 3600 to the benefit of 3700, (b) across Tax Lot 3700 to the benefit of 3600, and (c) across Tax Lot 3700 to the benefit of 3800. The cross access shall follow a drive aisle or aisles and align at the common lot line. Regarding (c), the north east-west drive aisle shall stub to somewhere along the northerly 75 ft of the west lot line and at min 20 ft wide, and though the stub shall not be curbed it may be fenced. (2) ODOT factor: (a) The developer shall apply to and obtain from ODOT the proper access rights for both tax lots prior to any construction, so as to not violate the deeds. (b) For context, see Attachment 102B. The ODOT Region 2 contact is Casey Knecht, P.E., Development Review Coordinator, (503) 986-5170, casey.knecht@odot.state.or.us. The City interprets "prior to any construction" to mean by issuance of the first structural building permit. Otherwise, City staff are inclined to defer to ODOT interpretation of part (a) above, including whether it is applicable to either Option 1 only or both site plan options. (c) 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 CU 21-01"US Market"gas station Staff Report Page 19 of 25 265 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. (d) 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 (d) of the condition, he would do so once. CU10. Gas station operations: 1. Noise: a. 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. b. 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. Based on Ordinance No. 2312, any vacuum shall be closed to customer use min from 9:00 p.m. to 7:00 a.m. 2. Trash: There shall be at least one trash receptacle along each of the walkways, at min 1 ft from walkway edge, 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. 3. Vehicular circulation: a. Driveways: (1) Highway: Max 1 driveway. The driveway shall remain right-in, right-out and be max width equal to the existing 30 ft unless ODOT approves wider up to 36 ft; however, if the developer widens the driveway from the existing 30 ft, then min 12 ft of the width and min depth equal to either the throat or 13.5 ft, whichever is longer, shall be poured concrete. The area of poured concrete that is outside the ROW shall be patterned, stamped, or treated to resemble paving stones and shall be felt by motorists driving over it. (The objective is to calm traffic by CU 21-01"US Market"gas station Staff Report Page 20 of 25 266 preventing fast, swooping maneuvers and to direct vehicles to 24 ft width of asphalt within the driveway throat, while allowing semi-trailer truck turning movement across 36 ft of width.) If the driveway widens, the developer also shall reconstruct the entire driveway to conform to City Public Works standard drawing Detail No. 4150-4 "Property Line Sidewalk at Driveway", except that if and where a specific conflict arises between City and ODOT public works construction standards, that of ODOT engineering guidance would supersede. (2) Oregon Way: Max 1 driveway, max width 24 ft if two-way or 12 ft if one-way. Option 2: Throat, if two-way, then the inbound lane max 24 ft deep where lane is parallel with the outbound lane. b. I-5 directional signage: There shall be on Tax Lot 3700 outside of ROW and streetside PUEs directional signage that accomplishes directing on-site motorists bound for I-5, min 2 signs for Option 1 and 3 signs for Option 2, 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. 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. c. Option 2: fuel pump queueing: (1) General: Fuel pump queues shall be one-way either eastbound in Option 1 or southbound in Option 2. 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. (2) Stacking: (i) Option 1: Of six queues, min 3 shall each fit stacking of min one car west of the fuel pump island. (ii) Option 2: Of six queues, min 2 shall each fit stacking of min two cars north of the fuel pump island, and the remaining 4 shall each fit stacking of min one ca r. d. Trucks: Until July 1, 2030, the Public Works Department may administratively regulate time, place, and manner of freight and truck access (ingress/egress) to and from the development and adjacent public streets. This condition shall not be construed to preclude the City past the date from regulating development freight and truck access via ordinances that are applicable generally to properties that happen to include the subject property. CU11. Modification: Because the WDO, including 5.03.01, does not specify how changes to an approved conditional use (CU) and related site improvements might trigger another CU or modification of a CU approval, for Director determination the following serve as criteria and — where noted —as factors: CU 21-01"US Market"gas station Staff Report Page 21 of 25 267 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 1,825 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 Exception to Street Right-of-Way and Improvement Requirements ("Street Exception"); g. Any proposal necessitating a request to vary from the WDO, that is, a variance; h. Any proposal necessitating a Type III or IV land use application type; and i. City adoption of a unified development ordinance replacing the WDO were to have intervened. Modification of a specific condition of approval remains pursuant to WDO 4.02.07. Were the City to have amended the WDO to establish modification provisions for conditional uses, the Director may decide that the provisions supersede this condition of approval. CU 21-01"US Market"gas station Staff Report Page 22 of 25 268 Conditional Use 21-02: Transportation T-A: 1. (]R214 & Oregon Way: The developer shall pay afee per Attachment 2O3tofund a transportation study, specifically to investigate in coordination with ODOT(1) corridor signal timing and coordination adjustments and (2) improving safety by reducing vehicle turning orangle crashes. This is due by building permit issuance. [TSP R11 &T|A p. 121 2. Consultant review: The developer shall pay afee for the City torecoup the cost ofits transportation consultant reviewing and advising upon the T|A. 3. |-5interchange with (]R214: Toreduce vehicle crashes, the developer shall pay afee per Attachment 2O3. 4. OR 214 & Evergreen Rd: To mitigate effect onthe intersection and reduce vehicle crashes, the developer shall pay afee per Attachment 2O3. 5. (]R99E & (]R211/214: Tomitigate effect onthe intersection and reduce vehicle crashes, the developer shall pay afee per Attachment 2O3. T-T. Bus transit: Bus stop improvements: To further TDIVI through bus transit, regarding the WTS Oregon Way northbound stop that is adjacent to 966 & 980 Oregon Way, where because ROW and streetside PUEare too narrow relative tothe 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 203. CU 21'01"US Market"gas station Staff Report Page 2]of25 269 Street Exception 21-05 EX1. Frontage/street improvements: Highway: These shall be as follows: a. ROW: If and where there is a deficit, the developer shall dedicate ROW that meets or exceeds the min width necessary to conform to WDO Figure 3.016 "Major Arterial". b. PUE: If minimum width streetside PUE does not yet exist per WDO Figure 3.0113, then the developer shall grant it. Max width shall be 10 ft, unless if and where existing utilities that the developer does not relocate necessitate wider as documented by franchise utilities and the developer. c. Improvements: No min surface improvements other than either elsewhere conditioned or necessary to comply with ODOT engineering guidance or conform to PW direction. The developer shall pay fees in lieu of highway improvements per Attachment 203. EX2. Frontage/street improvements: Oregon Way: These shall be as follows: a. ROW: The developer shall dedicate ROW that meets or exceeds the min width necessary to conform to WDO Figure 3.01E "Access Street" and exceeds that width where necessary to accommodate both the existing northbound left turn lane and required half-street improvements. b. PUE: If minimum width streetside PUE does not yet exist per WDO 3.02.0113, then the developer shall grant it. Max width shall be per WDO 3.02.01F.2 through Ordinance No. 2602 (LA 21-01). c. Improvements: (1) Parking: No 8-ft wide on-street parallel parking lane is required, this being an exception from what Figure 3.01E would have required. The developer shall pay a fee in-lieu per Attachment 203. (2) Landscape strip: Min 6% ft wide inc. curb width and with min 3 street trees with allowance of fee in lieu of 1 tree max. Planting of area remaining after tree planting and irrigation shall be per WDO 3.01.0413 through Ordinance No. 2602 (LA 21-01). (3) Sidewalk: Min 8 ft wide. Overlap: Wider sidewalk shall not narrow the landscape strip. The extra width of planter strip and sidewalk shall either (a) be within additional ROW that accommodates them, or (b) overlap outside ROW into streetside PUE, there being a recorded legal instrument granting public access to the overlap. If(b), 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 building permit application, whichever is earlier. The developer shall submit copies of correctly recorded documents to the Planning Division by building permit issuance. CU 21-01"US Market"gas station Staff Report Page 24 of 25 270 Actions The Planning Commission may instead act on the land use application to: 1. Approve with modified conditions, or 2. Deny, based on WDO criteria or other City provisions. If the Planning Commission were to act upon the recommendation, staff would prepare a "final decision" document for signature by the Commission chair in the days following the hearing. Attachment List 101. Marked Tax Map 102. Analyses & Findings 102A. Public Works comments (May 5, 2022; 2 pages) 102B. Agency commentary ODOT e-mail with two exhibits (May 4, 2021; 15 pages) 103A. Application materials/site plans Option 1 (Feb. 9, 2022; 3 sheets) 103B. Application materials/site plans Option 2 (May 2, 2020; 5 sheets) 104. Transportation System Plan (TSP) Fig. 2 "Functional Roadway Classification" 201.* CU 21-02 US Market Gas Station: Dictionary & Glossary 202. CU 21-02 US Market Gas Station: Civil Engineering Plan (CEP) Review Provisions 203. CU 21-02 US Market Gas Station: Conditioned Fees *The 200 series of attachments are details for the Attachment 102 conditions of approval. CU 21-01"US Market"gas station Staff Report Page 25 of 25 271 Attachment 102 CU 21-02: 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, but might become unmet because of condition applied to meet separate and related requirement that is Revision needed for not met clear and consistent • Plan sheets and/or narrative inconsistent records • Other special circumstance benefitting from attention Deviation: Planned Unit Development, Zoning Request to modify, Adjustment, and/or Variance adjust, or vary from a requirement Section references are to the ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,�,,,,,,,,,,,,,",,,,,,,,.1 „ " ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,",,,,,,(,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,), . o.. .. rr� D..Wv.WI. „,,,,;,; C r�: ur�aric:.. SCD Table of Contents Project Name &Case File Numbers..............................................................................................................2 Location.........................................................................................................................................................3 LandUse &Zoning........................................................................................................................................4 StatutoryDates.............................................................................................................................................4 DesignReview Provisions..............................................................................................................................5 Conditional Use Provisions .........................................................................................................................16 Exception to Street Right of Way and Improvement Requirements ("Street Exception") Provisions.......30 PhasingPlan Provisions...............................................................................................................................37 RemainingProvisions..................................................................................................................................40 CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 1 of 61 272 Recommendation........................................................................................................................................41 ApplicantIdentity........................................................................................................................................59 Notesto the Applicant................................................................................................................................59 Project Name & Case File Numbers The applicant submitted the project name US Market. The land use application master/parent case file number is Conditional Use CU 21-02, and the children/corollary case file numbers are Design Review 21-10, Exception to Street Right of Way and Improvement Requirements ("Street Exception") EXCP 21-05, & Phasing Plan PP 21-01. The subject property is composed of two lots, and the developer of the proposed strip commercial development proposes no Property Line Adjustment (PLA) or lot consolidation. Options 1 & 2: The developer may develop a site plan revised to conform to conditions of approval and based on either: 1. Option 1: The site plan concept last revised and re-submitted for land use review on February 9, 2022 and premised on there being no ODOT factor (see an "ODOT factor" condition of approval); or 2. Option 2: The different site plan revised and submitted May 2, 2022 premised on the developer's understanding of the ODOT factor. Basic Descriptions: 3. Option 1: See a condition exhibit for plan details. o On Tax Lot 3600 (east, corner lot), a single northeast building of with convenience store of 4,110 square feet (sq ft) and a commercial office of 1,863 sq ft. o On Tax Lot 3700 (west, interior lot), a north fuel pump canopy and a south commercial office building of 5,000 sq ft. 4. Option 2: See a condition exhibit for plan details. o On Tax Lot 3600 (east, corner lot), a single northeast commercial office building of 3,649 sq ft. o On Tax Lot 3700 (west, interior lot), a north fuel pump canopy and a south convenience store of 4,314 sq ft. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 2 of 61 273 Location Address(es) 2540& 2600 Newberg Hwy(SW corner of Oregon Hwy 214/ Newberg Hwy&Oregon Way) Tax Lot(s) 052W12DB03700 (primary) &3600; respectively 0.95&0.47 acres, totaling 1.42 acres Nearest Oregon Hwy 214/ Newberg Hwy&Oregon Way intersection zom ,. , _�•� rvrvn'rw�i.._.. �aw �ww aan � uuu p i,� u,. Zqq, Illi V ' Ilii uuuu M r r) ,Ir fr ztinrr � »ai sin �� 1 % (�I ✓r,� r ll Iii 1 ,,,,,1 �S.t1 05f'. �� !,9� �.�.P r vr. ".0 ,r,•' Subject property outlined in green CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 3 of 61 274 Land Use & Zoning Comprehensive Plan Land Use Designation Commercial Zoning District Commercial General (CG) Overlay District(s) none Existing Use(s) None following demolition of two vacant bank buildings For context, the comprehensive plan land use map designations and zoning are illustrated below with excerpts from the City geographic information system (GIS) and the zoning is tabulated further below: ....RN=ff..I � .... r�o;��, ; fii .. .. ...��ri1i��u2r, .Wfl . ,, I ;�Aa�� _.. STATE HWY 214 ".G..=a.., STATE HWY 214 NEWBER©HWY NEWBERG HWY _ raeo i '� � � ria i s �y y � �icen1 � ��irxwj 967 �i 9 d 5C / 9SS .O 1952 S'Ifb � a 9/5 O 924 1 U �U' i lf:i4 $24 U rc ¢ j P ' 9nI <ilr Z y 9111� A14� a Comprehensive Plan land use map excerpt Zoning map excerpt Cardinal Direction Adjacent Zoning North Across OR Hwy 214: Commercial General (CG) East Across Oregon Way: Retirement Community Single Family Residential (RIS) South East to west: RIS(943 &953 Oregon Way; houses) and CG (950 Evergreen Rd; Panor 360 condominiums) West CG (950 Evergreen Rd; Panor 360 condominiums; and 2620 Newberg Hwy; Dairy Queen) Statutory Dates Application March 8, 2022 Completeness 120-Day Final July 6, 2022 per Oregon Revised Statutes (ORS) x.178. (The nearest and Decision Deadline prior regularly scheduled City Council date would be June 27, 2022. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 4 of 61 275 --------------------------------------------------------------------------------------- Design Review Provisions DR Provisions Volume 1 Organization and Structure 1.04 Nonconforming Uses and Development The developer already obtained demolition permits from the Building Division, and the site is cleared. Because the proposal is full redevelopment, nonconformance of private, on-site improvements is not an applicable concept and the development will conform to the WDO and conditions of approval. Regarding nonconforming public street improvements, staff further addresses this nonconformance under the Exception to Street Right of Way and Improvement Requirements ("Street Exception") section of this document. P Not applicable. Volume 2 Land Use Zoning and Specified Use Standards 2.03 Commercial Zones 2.05 Overlay Districts 2.06 Accessory Structures 2.07 Special Uses 2.08 Specific Conditional Uses Uses Allowed in Commercial Zones Table 2.03A Use Zone Accessory Uses(A)Conditional Uses(CU) Permitted Uses CG (P) Special Permitted Uses(S) Specific Conditional Uses (SCU) B Commercial Retail and Services 2 Automotive maintenance and gasoline CU3 stations,including repair services 6 Business services P 16 Office and office services and supplies P 19 Printing, publishing,copying, bonding, P finance,insurance, medical,data processing,social assistance, legal services, management,and corporate offices 20 Professional services P 3.Allowed outright if not within 200 feet of residentially zoned properties CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 5 of 61 276 A proposed use is a gasoline station, hereafter referred to as gas station. Because it is within 200 ft of residentially zoned property—943 & 953 Oregon Way to the southeast that is zoned R1S, for the subject property the use remains a conditional use. The remaining commercial office use is permitted. 2.05 Overlay Districts 2.05.02 Interchange Management Area Overlay District i L F Figure 2.05B—Interchange Management Area Boundary and Subareas(with subject property at NE marked in green) For those aware of the Interchange Management Area Overlay District (IMA), the above WDO figure marked to show the subject property confirms that the property lies just outside the IMA, that is, the property is not in the IMA. (Also, none of the other overlay districts are applicable.) P Not applicable. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 6 of 61 277 2.06 Accessory Structures 2.06.02 Fences and Walls Regarding the "Architectural Wall" as a buffer or screen wall per 3.06.05 to the standards of 3.06.06 and any fence or fencing the developer would build and install, a condition or conditions of approval would secure conformance, as well as a fence permit application type per 5.01.03 "Fence and Free Standing Wall". Z . In order to secure conformance to 2.06.02, staff applies a condition or conditions. 2.06.03 Structures Within the proposal, which is phased development, neither the Option 1 nor Option 2 site plan include accessory structures such as sheds, making this WDO section not applicable. D1ua��J Not applicable. 2.07 Special Uses 2.07.08 Facilities During Construction This is not directly relevant to land use review. Contractor behavior is to conform during construction. No condition of approval is necessary to reiterate the requirement. D1ua��J Not applicable. 2.08 Specific Conditional Uses None relate to a gas station. D1ua��J Not applicable. Volume 3 Development Guideline and Standards 3.01 Streets Regarding public street improvements, staff further addresses this under the Exception to Street Right of Way and Improvement Requirements ("Street Exception") section of this document. EXCP: Staff further addresses public street improvements under the Planned Unit Development Provisions section. 3.02 Utilities and Easements 3.02.01 Public Utility 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.A five-foot wide public utility easement shall be dedicated along each lot line abutting a public street. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 7 of 61 278 C.As a condition of approval for development, including property line adjustments, partitions, subdivisions, design reviews,or Planned Unit Developments(PUDs),the Director may require dedication of public utility easements. Regarding A, the Public Works Department handles this through its own conditions and processes. Additionally, one of the two frontages is a state highway, which involves the standards and permitting processes of the Oregon Department of Transportation (ODOT). Regarding B, because the application materials fail to demonstrate conformance along Oregon Way, staff applies a condition or conditions. The highway is subject to a superseding standard requiring a 10-ft wide easement: Figure 3.018 "Major Arterial". Staff further addresses this under the Exception to Street Right of Way and Improvement Requirements ("Street Exception") section of this document. Regarding C, the Public Works Department implements this through its own permit processes, standards, and specifications, and Planning Division also staff apply a condition or conditions for WDO conformance and to deal with existing context of public utilities. Additionally, one of the two frontages is a state highway, which involves ODOT standards and permitting processes. 3.02.02 Creeks and Watercourse Maintenance Easements There are no creeks or watercourses. Not applicable. 3.02.03 Street Lighting The Public Works Department handles this through its own permit processes, standards, and specifications. Additionally, one of the two frontages is a state highway, which involves the standards and permitting processes of the Oregon Department of Transportation (ODOT). In order to secure conformance to 3.02.03, the Public Works Department might apply public works standards and specifications. 3.02.04 Underground Utilities Because the application materials fail to show that the development would conform along the highway where electric power poles and overhead electric power lines existing, staff applies a condition or conditions. In order to secure conformance to 3.02.04, staff applies a condition or conditions. 3.02.04 Underground Utilities Because the application materials fail to show that the development would conform along the highway where electric power poles and overhead electric power lines existing, staff applies a condition or conditions. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 8 of 61 279 3.03 Setbacks and Open Space 3.03.02 Special Setbacks This is a street widening setback. Because the development proposes and/or is conditioned to conform regarding ROW widths, the Special Setback is not applicable. Not applicable. 3.03.03 Projections into the Setback Abutting a Street 3.03.04 Projections into the Side Setback 3.03.05 Projections into the Rear Setback Because the development is strip commercial with conventional setbacks that meet or exceed zoning minimums, there are no projections. Were that to change later, the developer would still have to demonstrate conformance and the development conform. Not applicable. 3.03.06 Vision Clearance Area The application materials indicate that the applicant is aware of and intending to conform regarding driveways and the building closest to the site NE corner, which is the SW corner of the highway and Oregon Way, because in site plan Option 1, the NE building is notched at the NE to keep out of the vision clearance area (VCA) or sight triangle, and in Option 2 the NE building is set back far enough to be outside the sight triangle. In both site plans, no buildings are near any driveway. (Were a site plan to fall out of conformance upon building permit application, staff would prompt the developer to correct during permit reviews.) In order to secure conformance to 3.03.06 during building permit were a site plan to fall out of conformance upon building permit application and to lessen potential resistance by the applicant, staff might apply a condition or conditions to reinforce the WDO VCA provisions. 3.04 Vehicular Access 3.04.01 Applicability and Permit A. Street Access Every lot shall have: 1. Direct access to an abutting public street,or 2. Access to a public street by means of an access easement and maintenance agreement to the satisfaction of the Director, and revocable only with the concurrence of the Director This standard plus the highway being a state highway affects access management. A main reason the developer proposes site plan Options 1 & 2 is because the Oregon Department of Transportation (ODOT) regulates highway access such that it affects access for both lots composing the subject property and affects site planning. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 9 of 61 280 ODOT agency commentary of May 4, 2022 found as staff report Attachment 102B provides more context. The developer intends through ODOT permitting and standards to obtain an outcome that allows Option 1, but might remain stuck with Option 2. The developer's Phasing Plan application is a basis for having options. In either scenario, each lot would have access to a public street. 3.04.02 Drive-Throughs The strip commercial development includes none. Not applicable. 3.04.03 Driveway Guidelines and Standards One of the two frontages is a state highway, which involves the standards and permitting processes of the Oregon Department of Transportation (ODOT). The developer wants to widen the highway driveway from 30 to 36 ft, which involves ODOT permitting and standards. That width is within WDO maximum. The Oregon Way driveway width differs between site plan Options 1 & 2. Section 3.04.03 encourages and in part requires joint or shared driveways. Through the conditional use process staff applies conditions limiting driveway widths for both frontages. In order to secure conformance to conditional use criteria, staff applies a condition or conditions. 3.04.05 Traffic Impact Analysis B. A TIA shall evaluate the traffic impacts projected of a development proposal and the estimated effectiveness of potential traffic impact mitigation measures. The applicant submitted a traffic impact analysis (TIA) dated August 13, 2021. Page 31, "Findings and Recommendations" proposed no mitigation measures. Staff addresses the TIA further under the Conditional Use Provisions section of this document. 3.05 Off-Street Parking and Loading 3.05.02 General Provisions A. All required parking and loading spaces shall be retained and maintained in accordance with the standards of the WDO. B.The land for off-street parking and loading areas shall either be: 1. Owned in fee title by the owner of the structure or site being served by the parking area, or 2.Subject to legal documentation to the satisfaction of the Director,establishing permanent use of off- street parking that is under separate ownership.The parking,subject to such a parking agreement,shall be in compliance with all requirements and development standards of the WDO.The agreement shall be recorded with the County Recorder and filed with the Director. D. Location CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 10 of 61 281 1. Off-street parking and loading spaces shall be provided on the same lot as the primary building or use except that: a. In RS,RIS or RM zones,parking spaces for non-residential uses permitted in the zone may be located on another site, if such site is within 250 feet of the lot containing the primary building, structure or use. b. In any zone other than RS, RIS or RM,the parking spaces may be located on another site,if such site is within 500 feet of the site containing the primary building,structure or use. Because the application materials fail to show that the development would conform to the requirements, staff applies a condition or conditions. In order to secure conformance with the above subsections of 3.05.02, staff applies a condition or conditions. E. Setback 2. Parking, loading, and circulation areas shall be set back from a property line a minimum of five feet, unless there is a shared use agreement to the satisfaction of the Director,verifying shared use between the separate properties. In site plan Option 2, there is no parking setback along northerly east lot line of 2600 Newberg Hwy(Tax Lot 3700), and there is no and might not be a shared use agreement. Because staff can apply a reasonable condition or conditions to secure conformance, staff does so. (The idea of doing such in preference to denying either a development or one or more of its land use applications is explained further underthe Phasing Plan Provisions section regarding Phasing Plan criterion B.3 in the paragraph about statute legislative intent.) Also, the WDO provisions do not specify that a shared use agreement be in place prior to land use approval, and the Community Development Director has not interpreted the provisions to require that a shared use agreement be in place prior to land use approval. Lastly, because the parking setback issue in question is relevant only to site plan Option 2, reviewing a draft agreement might or might not become moot were the applicant to deal with the ODOT factor such that the applicant could developer Option 2, making it a potential waste of time to review a shared use agreement as part of land use review. The applicant can manifest a shared use agreement, if it remains relevant, following land use approval with conditions. Z . In order to secure conformance with 3.05.02E.2, staff applies a condition or conditions. J. All uses required to provide 20 or more off-street parking spaces shall have directional markings or signs to control vehicle movement. The phrase, "directional markings or signs to control vehicle movement" leaves room for interpretation about what kinds of markings or signs, number, size, placements, and symbols and text. A gas station involves a lot of queuing and conflicts among vehicles moving across the site. Site plan Option 1 shows CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 11 of 61 282 little detail, and Option 2 shows more, but in staff opinion not enough to direct gas station motorists to pump queues and distinguish queuing areas from drive aisles. Also, because of how access management would work, motorists returning to 1-5 would either exit to Oregon Way to turn left/north to then turn left/west at OR 214, or, turn right onto OR 214 and change across the left through lane to the left turn lane to make a U-turn. (Oregon being a state that prohibits U- turns on public roads and allows them only where signed, this intersection is signed to allow U-turns.) Anticipating the preferences of ODOT and those who believe in conventional traffic engineering, Planning Division staff intends that markings and signage direct motorists seeking 1-5 to go to Oregon Way. Because of the room for interpretation, and that the applicant will later choose and refine site plan option 1 or 2, it is during building permit review that administratively establishing details, specifications, and revisions to administer the WDO section would be timely and fruitful. 3.05.03 Off-Street Parking C.A maximum of 20 percent of the required vehicle parking spaces may be satisfied by compact vehicle parking spaces. The developer proposes none. E. All uses that are required to provide 10 or more off-street parking spaces and residential structures with four or more dwelling or living units shall provide a bicycle rack within 50 feet of the main building entrance.The number of required rack spaces shall be one space per ten vehicle parking spaces,with a maximum of 20 rack spaces. Staff addresses this further under the Conditional Use Provisions section of this document. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 12 of 61 283 Table 3.05A Off-Street Parking Ratio Standards Table 3.05A Use' Parking Ratio-spaces per activity unit or square feet of gross floor area COMMERCIAL/ PUBLIC 6. Motor vehicle service 1/200 retail area+3/service bay+1/pump island 12. Offices(such as professional,scientific and technical services,finance and insurance, real estate, administrative and support services, social 1/350 square feet assistance, and public administration—but not including ambulatory health services) 1.The Director may authorize parking for any use not specifically listed in this table. The applicant shall submit an analysis that identifies the parking needs, and a description of how the proposed use is similar to other uses permitted in the zone. The Director may require additional information,as needed,to document the parking needs of the proposed use. Because the application materials fail to show that the development would conform to the requirements, including as applies to the 3 pump islands of the gas station in both site plan Options 1 & 2, staff applies a condition or conditions. In order to secure conformance with Table 3.05A, staff applies a condition or conditions. Remaining provisions of 3.05 either conform or the developer will revise any nonconformance during building permit review. 3.05.05 Shared Parking As described elsewhere in this document regarding the access management ODOT factor and site plan Options 1 & 2, the developer by the time of building permit application likely will propose a site plan that necessitates shared parking, which would make applicable 3.05.05. Z . In order to secure conformance with 3.05.02, Table 3.05A, and 3.05.05, staff applies a condition or conditions. 3.06 Landscaping 3.06.03 Landscaping Standards A. Street Trees Staff addresses this further under the Conditional Use Provisions and/or Exception to Street Right of Way and Improvement Requirements ("Street Exception") sections of this document. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 13 of 61 284 3.06.05 Screening A. Screening between zones and uses shall comply with Table 3.06D. The row "Property being Developed — must provide screening if no comparable screening exists on abutting protected property" and "CG or MUV zone" that intersects with the columns "Adjacent properties—zone or use that receives the benefit of screening" and both "RS, R1S, or RSN zone"and "Multiple-family dwelling" necessitates an "Architectural Wall" (AW)along the lot lines abutting the lots with the two houses at 943 & 953 Oregon Way and the Panor 360 condominiums at 950 Evergreen Road. In order to secure conformance with Table 3.06D, staff applies a condition or conditions. B.All parking areas,except those for single-family and duplex dwellings,abutting a street shall provide a 42-inch vertical visual screen from the abutting street grade.Acceptable design techniques to provide the screening include plant materials, berms, architectural walls, and depressed grade for the parking area.All screening shall comply with the clear vision standards of this ordinance (Section 3.03.06). Because the application materials fail to show that the development would conform to the requirement, staff applies a condition or conditions. Z . In order to secure conformance with the screening requirement, staff applies a condition or conditions. 3.06.06 Architectural Walls Because the application materials fail to show that the development would conform to the requirement, staff applies a condition or conditions. In order to secure conformance with AW standards, staff applies a condition or conditions. 3.06.07 Significant Trees on Private Property See the Conditional Use Provisions section under criterion 3, factor c5) "aesthetics", for analysis. Through conditional use process, staff applies a fee to mitigate the loss of Significant Trees and to increase the City tree fund that 3.06.07F mentions. Z . In order to secure Significant Tree removal mitigation, staff applies a condition or conditions. 3.07 Architectural Design 3.07.06 Standards for Non-Residential Structures in Residential, Commercial and Public/Semi Public Zones CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 14 of 61 285 Per 3.07.01A, the architectural provisions are standards for land use review Type I and guidelines for higher types. The application types composing the consolidated package result in Type III. The site plans and building elevations show largely what the guidelines describe. However, as described elsewhere there are two site plan Options 1 & 2. Also, it is unclear from the application materials if each guideline is followed. Also, without conditions applied through the conditional use process, guidelines would remain just that —optional for the developer. In order to secure reasonably decent architecture in the context of strip commercial development, staff applies a condition or conditions. 3.08 Partitions and Subdivisions None proposed. Not applicable. 3.08 Partitions and Subdivisions None proposed. Not applicable. 3.10 Signs Land use application types generally are not the means for the City to review or approve signage. Signage, including wall and monument signs, remain subject to review and approval through a Type I sign permit through 5.01.10 "Sign Permit". D1ua��J Not applicable. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 15 of 61 286 ...................................................................................................................................................... Conditional Use Provisions CU Provisions 5.03.01 Conditional Use A. Purpose: A conditional use is an activity which is permitted in a zone but which, because of some characteristics,is not entirely compatible with other uses allowed in the zone,and cannot be permitted outright.A public hearing is held by the Planning Commission and conditions may be imposed to offset impacts and make the use as compatible as practical with surrounding uses. Conditions can also be imposed to make the use conform to the requirements of this Ordinance and with other applicable criteria and standards. Conditions that decrease the minimum standards of a development standard require variance approval. B.Criteria: 1.The proposed use shall be permitted as a conditional use within the zoning district. 2.The proposed use shall comply with the development standards of the zoning district. 3.The proposed use shall be compatible with the surrounding properties. Relevant factors to be considered in determining whether the proposed use is compatible include: a.The suitability of the size,shape, location and topography of the site for the proposed use; b. The capacity of public water, sewerage, drainage, street and pedestrian facilities serving the proposed use; c.The impact of the proposed use on the quality of the living environment: 1) Noise; 2) Illumination; 3) Hours of operation; 4)Air quality; 5)Aesthetics; and 6)Vehicular traffic. d.The conformance of the proposed use with applicable Comprehensive Plan policies; and e. The suitability of proposed conditions of approval to ensure compatibility of the proposed use with other uses in the vicinity. Looking at each criterion and factor: 1 "The proposed use shall be permitted as a conditional use within the zoning district." The use of gas station is permitted as a conditional use as examined under the Design Review Provisions section of this document. The criterion is met. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 16 of 61 287 2 "The proposed use shall comply with the development standards of the zoning district." It complies with some but not others as examined under other sections in this document, particularly the Design Review Provisions section. Z . In order to secure full compliance, staff applies a condition or conditions. 3 "The proposed use shall be compatible with the surrounding properties. Relevant factors to be considered in determining whether the proposed use is compatible include: a. The suitability of the size, shape, location and topography of the site for the proposed use;" The site is composed of two lots totaling 1.42 acres, is L-shaped, located at a street corner and zoned Commercial General (CG), and flat. Nothing about these are compelling factors against a gas station. "b. The capacity of public water, sewerage, drainage, street and pedestrian facilities serving the proposed use;" Regarding the capacity of public water, sewerage, and drainage facilities, the Public Works Department handles this through its own conditions and processes. The proposed use for any given facility is either sufficient or will be after the developer upgrades per Public Works Department. Regarding street and pedestrian facilities, the Planning Division is taking the lead. The developer applied for Exception to Street Right of Way and Improvement Requirements ("Street Exception") EXCP 21-05 for both the highway and Oregon Way. Both frontages are nonconforming relative to Figures 3.016 "Major Arterial" and 3.01E "Access Street". They lack both landscape strips with street trees and sidewalk that is not curb-tight. Allowing the existing context to remain with strip commercial development would make the walking and cycling environment along highly-trafficked streets (for those cyclists who feel and are safer riding on sidewalk) no less hostile. Additionally, an EXCP is a discretionary application type. Second, staff applies conditions that secure improvements less than WDO standards, that are reasonably proportional to the development, and serve to secure additional landscape strip and street trees and fees in-lieu of some of them as well as to limit driveway widths because driveways interrupt landscape strips and pedestrian experience. Such trees, funds, and driveway maximum width will help physical and psychologically buffer pedestrians and cyclists from traffic along Oregon way, and along the highway will help shade the remaining curb-tight sidewalk. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 17 of 61 288 Along highway curb-tight sidewalk to remain is reasonable in terms of being compatible with surrounding properties, particularly those along the highway. However, it is not compatible with those along Oregon Way, where most the street south of the highway intersection lacks any sidewalk. Sidewalk is needed to partly relieve the tedium of those walking between those houses to the south and commercial area at the highway to the north, as well as going to and from the proposed development. "c. The impact of the proposed use on the quality of the living environment: 1) Noise;" Based on experience at other gas stations, staff fears gas station fuel pumps audible audiovisual advertising, in other words, those loud obnoxious video ads that play while refueling. Staff considers that noise and applies a condition to spare both persons neighboring the development as well as customers, and in case the state of Oregon allows local self-serve and pump attendants disappear. Similarly, gas stations come with tire pumps and vacuums, that is, noisy mechanical equipment. Though the application materials don't show such, that doesn't mean the gas station company doesn't intend them and wouldn't put them in. No particular Planning Division permit is required for such equipment, so a condition of approval is the only regulatory way to address their noise outside of the Ordinance No. 2312. No car wash is proposed. Staff doesn't conceive of other development sources of unusual and continual noise. "2) Illumination;" Whatever one's feelings and perceptions of safety from crime, gas stations and convenience store fronts are brightly lit. Lighting by itself doesn't prevent assault or theft. Second, there are two houses and a three-story condo building next door. The required "Architectural Wall" buffer/screen wall by itself wouldn't and couldn't handle by itself all mitigation of conventional gas station and convenience store annoyances to neighbors. Third, fuel pumps come with fixed canopies with high ceilings and many ceiling lights, sometimes with neon-like exterior trim. Fourth, as is conventional in any new development with extensive parking and vehicular circulation area, there are on-site light poles, and both site plan Options 1 & 2 illustrate such. Fifth, the City Council approved Legislative Amendment LA 21-01 of the WDO on April 25, 2022 and directed staff to prepare an ordinance for adoption, which staff did for the May 9, 2022 Council meeting. As of the May 5, 2022 publication date of the CU 21-02 Planning Commission May 12, 2022 staff report, Administration had published the City Council May CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 18 of 61 289 9, 2022 agenda packet. It includes LA 21-01 as Ordinance No. 2602, and its Exhibit A is the amended version of the WDO. Through the conditional use process regarding illumination specifically, because Ordinance No. 2602 includes a new WDO Chapter 3.11 about lighting, staff conditions conformance with it. Conformance with the lighting chapter will have the development avoid lighting annoyances to neighbors as well as to passers-by on sidewalk. "3) Hours of operation;" The City could condition this, but staff sees no need to. Through WDO conformance and conditions of approval, the annoyances that could come with neighboring a gas station and convenience store would be avoided or at least much ameliorated. Additionally, if there was conditioned hours of operation, the City would in theory inspect and enforce, and there is no sign that conditioning and enforcing hours of operation would be City Council or Planning Commission direction. That said, staff applies a condition that, if a vacuum does appear, based on Ordinance No. 2312, it will be closed to customer use minimum from 9:00 p.m. to 7:00 a.m. Staff goes easy on any tire pump that might appear because motorists expect a gas station any time of day or night to have a pump available and working when their car tires need air. "4)Air quality;" Staff addresses climate change simply to say, it's a gas station with all the greenhouse gas and volatile organic compound (VOC) emissions that it would enable. Putting aside climate change, what else is "air quality?" A gas station comes with fumes, particularly easy to get a whiff of near the pumps. However, once a gas station is in place, a city government can do little to change that fact. If this factor is important to someone, the question would be a simple yes or no to a gas station. Otherwise regarding air quality, staff applies a condition for electric vehicle (EV) parking associated with the commercial office space. Also, regarding on-site trees, see factor 5) below. 5)Aesthetics; and Staff interprets this to include: a. The look and feel of street frontage for passers-by walking, cycling, and driving; b. The look and feel of yard landscaping along streets for passers-by walking, cycling, and driving as well as on-site employees and customers; c. Urban design: how close buildings are to sidewalk, how many and how large are windows, are their entrances visible from sidewalk and whether the public can see CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 19 of 61 290 main entrances to buildings from sidewalk, and whether placements of entrances orient to those who walk or cycle no worse than to those who drive and park; d. How safely and comfortably pedestrians and cyclist can access and circulation among on-site buildings through walkways and visibly distinct crossings of drive aisles; e. Having enough on-site trash receptacles near sidewalk to lessen the likelihood of litter of yards along streets and street frontage by convenience store customers on foot; f. Avoiding excessive exterior lighting; g. Having reasonably decent architecture in the context of strip commercial development; h. Having the Architectural Wall look reasonably decent; i. Getting highway electric power poles and overhead electric power lines buried or fees in-lieu paid to fund such elsewhere in town; j. Having a few evergreen trees among newly planted trees; and k. Increase street trees and on-site trees, and provide for fee in-lieu to fund tree plantings elsewhere in town; I. Administering Street Exception EXCP 21-05 to have the developer improve Oregon Way to be the best of the two frontages for pedestrians and cyclists to give the City some public benefit for leaving the highway frontage as is or largely as is. Also, regarding on-site trees, for a condition and Attachment 203 (fee table) regarding contribution to the City tree fund, having a fee is based on conditional use compatibility with surrounding properties (criterion 3) and impact of the proposed use on the quality of the living environment (factor 3c) including air quality and aesthetics (factors 3c4 & 36). The reason is a demolition contractor, while demolishing the two vacant banks, removed from the subject property at least two but likely three Significant Trees (as 1.02 defines) in May 2021 without City authorization, particularly a Significant Tree Removal Permit per 5.01.11. Staff had seen and photographed on-site trees during at least two site visits, one each on November 9, 2018 and April 26, 2019. The removal prompted neighbor complaints to the City Council at the May 24, 2021 meeting, and there was code enforcement. The Council on August 9, 2021 adopted Ordinance No. 2592 "establishing an enhanced penalty" for violations of WDO tree preservation and removal provisions. Through conditional use process, staff applies a fee to mitigate the loss and to increase the City tree fund that 3.06.07F mentions. Staff applies conditions towards these objectives. 6) Vehicular traffic. The proposal is strip commercial development of a gas station with convenience store and one or two commercial office spaces. The applicant submitted a traffic impact analysis (TIA) dated August 13, 2021 premised on site plan Option 1. Page 31, "Findings and CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 20 of 61 291 Recommendations" proposed no mitigation measures. The applicant revised the TIA May 26, 2022 and submitted it May 31, 2022. P. 12 of the original TIA identifies high vehicle turning and angle crash rate at the intersection of the highway and Oregon Way, and p. 9 of the revised TIA references crash history. It states: "As noted within the City review comments, reliance on right-in, right-out only access to the fuel station and convenience market would increase the number of vehicles turning right and then weaving into the left-turn lane to make a U-turn and return to 1-5." Staff notes that vehicles make U-turns would still be turning across traffic similar to left- turning vehicles, and there remains risk of crashes with vehicles turning right/west onto the highway from the Oregon Way north leg and with highway eastbound vehicles coming up from behind (towards the right or rear of U-turning vehicles). The revised TIA goes on to say: "With either Access Option 2 (egress only) or Access Option 3 (Oregon Way ingress and egress) the impact to left-turns on Oregon Way will be reduced." This overlooks that with either site plan option, development generates more daily vehicle trips than the two banks, now demolished, did —422 per revised TIA Table 1 on p. 6, of which 44 of the additional trips are in the AM peak. This would include greater numbers of both left turns (from Oregon Way) and U-turns (from the highway eastbound), suggesting that crash risk remains or rises. For the above two reasons, staff finds the revised TIA unconvincing about crash safety and applies Condition T-A1 as a mitigation measure to fund the Transportation System Plan (TSP) Project R11, a signal timing study, and to supplement with addition funding both to examine improving safety and to account for inflation after the City Council adopted the TSP in September 2019 using the ID.S. Bureau of Lair C: nsumWr Price In : Wx atur� .Ca„Il,c„,�,�,II,,a,;tor.;to adjust from then to April 2022. Staff had the transportation consultant to the City review the TIA and draft a memo (May 10, 2022), which he then revised (May 18, 2022). Staff applies Condition T-A2 to recoup most if not all of the consultant fees for review of the TIA based on the May 12 invoice for service through April 29 of$1,020 and a phone call May 31 to the project accountant with Otak for an estimate of the next invoice for service through May: $3,740. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 21 of 61 292 The consultant's memo included: "OR-214 and 1-5 northbound ramps—elevated crash rate The TIA indicated this intersection has an existing elevated crash rate, which has been confirmed by other recent TIAs in the vicinity. Project Basie was conditioned to provide a proportionate share contribution of$10,000 toward a future safety improvement project at this location. Based on a comparison of trip impacts, the US Market share of a signal study and signal timing improvements to alleviate the crash rate issue at the interchange is a reasonable minimum share of$1,000." (p. 5) Staff applies Condition T-A3. The consultant's memo included: "OR-214 and Evergreen Road—elevated crash rate Allison Way Apts.was conditioned to provide a proportionate share contribution (fee-in-lieu) of $15,000 toward a signal/intersection study and improvement to alleviate the crash condition for the 67 additional PM peak hour trips added to that intersection. Project Basie should be conditioned similarly, based on the following calculations: US Market would add 229 trips to that intersection, a factor of 3.4 compared to Allison Way.The proportionate share calculation then is$15,000 * 3.4=$50,000." (p. 5) "OR-214 and OR 99E—mobility threshold exceeded in 2040; elevated crash rate today The with-site trips incorporated into 2040 background traffic based on previous traffic impact analyses will result in this intersection exceeding ODOT's volume-to-capacity and the City's level- of-service ODOT thresholds. There is a current TSP project and a different mitigation project contained in the Woodburn Eastside Apartments development traffic impact analysis, each of which are estimated to cost approximately$1,100,000. Woodburn Eastside Apartments was conditioned to contribute an approximate 10.1% share of the cost of the mitigation project as a condition of approval, or approximately$111,000.This was based on the site generating an additional 84 PM peak hour trips through the intersection. This intersection was not analyzed in the US Market TIA. I estimate this site would contribute an additional 15 PM trips to this intersection. Based on proportionate share calculations for other projects, US Market's mitigation share is approximately$21,000." (p. 5) Staff adds that on June 1, the consultant revised the recommendation regarding OR 214 & Evergreen Road resulting in a dollar amount in the applicant's favor: CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 22 of 61 293 "OR-214 and Evergreen Road—elevated crash rate Allison Way Apts.was conditioned to provide a proportionate share contribution (fee-in-lieu) of $15,000 toward a signal/intersection study and improvement to alleviate the crash condition for the 67 additional PM peak hour trips added to that intersection. US Market should be conditioned similarly, based on their net new trip contribution to weekday traffic volumes." Following the consultant's memo, staff requested that the applicant revise the TIA including to address the above two intersections. P. 9 of the revised TIA does so, but did not study the intersections to calculate specific trip numbers. Staff goes by the consultant's estimates and applies Conditions T-A4 &T-A5. To further transportation demand management (TDM) through bus transit, regarding the Woodburn Transportation System (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 staff applies Condition T-T for fees in lieu of a bus shelter and bus stop bicycle parking. The cost is based on the City Transit Plan Update (TPU; 2010), Chapter 10 "Potential Service Strategies", p. 10-11, item 9 "Install New Bus Shelters" that estimated the price of a bus shelter at $10,000. Because the plan dates from November 2010, staff adjusted that figure for inflation. "d. The conformance of the proposed use with applicable Comprehensive Plan policies; and" Staff applies conditions in support D.. uve flan Policies: , „ „ „ , , , „ Policy Page Policy&Analysis Commercial Land Development and Employment: F-1.3 24 "Strip zoning should be discourage as a most unproductive form of commercial land development. Strip zoning is characterized by the use of small parcels of less than one acre, with lot depths of less than 150 feet and parcels containing multiple driveway access points. Whenever possible,the City should encourage or require commercial developments which are designed to allow pedestrians to shop without relying on the private automobile to go from shop to shop.Therefore, acreage site lots should be encouraged to develop "mall type” developments that allow a one stop and shop opportunity. Commercial developments or commercial development patterns that require the use of the private automobile shall be discouraged.” CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 23 of 61 294 Policy Page Policy&Analysis The two lots total 1.42 acres with highway and Oregon Way frontages of 265 and 178 ft respectively. Conditions implement access management to reduce the number of driveways within the development and across successive developments along the major thoroughfares that are the spines of the CG zoning district. Conditions induce walking and cycling, which could make a dent in some vehicular traffic at least for the convenience store and commercial office area, by requiring rain canopies at building entrances, minimum window area on street-facing walls, bicycle parking and some covering/sheltering of it, wide walkways connecting sidewalks with all building main entrances on the site, trees in yards along streets, and landscape strip with street trees and wide sidewalk along Oregon Way,the less trafficked and noisy street. F-1.4 24 "Architectural design of commercial areas should be attractive with a spacious feeling and enough landscaping to reduce the visual impact of large expanses of asphalt parking areas. Nodal and mixed use village commercial areas should be neighborhood and pedestrian oriented, with parking to the rear or side of commercial buildings, and with pedestrian connections to neighboring residential areas." Conditions make a dent in large expanses of asphalt parking areas through a few more parking area landscaped islands/peninsulas with a tree each, more trees in yards along streets, and hedge or shrubbery screening parking areas from streets. From the first pre-application meeting up through CU 21-01, staff also got the applicant for both site plan Options 1 & 2 to locate parking to the rear or side of buildings relative to streets, and with pedestrian connections to neighboring residential areas. Conditions require minimum window area on street-facing walls for attractiveness, and wide walkways connecting sidewalks with all building main entrances on the site. An objective is to make a gas station development less ugly than it might otherwise be. F-1.6 25 "Commercial office and other low traffic generating commercial retail uses can be located on collectors or in close proximity to residential areas if care in architecture and site planning is exercised.The City should ensure by proper regulations that any commercial uses located close to residential areas have the proper architectural and landscaping buffer zones." CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 24 of 61 295 Policy Page Policy&Analysis The WDO and conditions secure care in architecture and site planning for the commercial development close to residential area to the south and southwest through a combination of wall, slatted fencing, vegetation, and height limits on light poles and wall- mounted lights. Transportation H-1.1 33 "Develop an expanded intracity bus transit system that provides added service and route coverage to improve the mobility and accessibility of the transportation disadvantaged and to attract traditional auto users to use the system." Conditions induce walking and cycling, which could make a dent in some vehicular traffic at least for the convenience store and commercial office area, by requiring rain canopies at building entrances, minimum window area on street-facing walls, bicycle parking and some covering/sheltering of it,wide walkways connecting sidewalks with all building main entrances on the site, trees in yards along streets, and landscape strip with street trees and wide sidewalk along Oregon Way, the less trafficked and noisy street. The easier walking and cycling are, the more likely they become the means of"last mile"travel for those who ride the bus. Conditions also secure a bus shelter and bus stop bicycle parking or fees in-lieu, relating to the Oregon Way northbound stop. H-1.3 34 "Develop a low stress network of bicycle lanes and routes that link major activity centers such as residential neighborhoods, schools, parks, commercial areas and employment centers. Identify off- street facilities in City greenway and park areas. Ensure all new or improved collector and arterial streets are constructed with bicycle lanes." Conditions induce cycling by requiring rain canopies at building entrances, bicycle parking and some covering/sheltering of it,wide walkways connecting sidewalks with all building main entrances on the site, and wide sidewalk along Oregon Way, the less trafficked and noisy street. The wide sidewalk and wide walkways are minimum 8 ft, enough to serve as a bicycle/pedestrian path (or "multi-use path"). H-1.4 34 "Develop a comprehensive network of sidewalks and off-street pathways. Identify key connections to improve pedestrian mobility within neighborhoods and link residential areas to schools, parks, places of employment and commercial areas. Ensure all new collector and arterial streets are constructed with sidewalks." CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 25 of 61 296 Policy Page Policy&Analysis Conditions induce walking and cycling by requiring rain canopies at building entrances, bicycle parking and some covering/sheltering of it,wide walkways connecting sidewalks with all building main entrances on the site, and wide sidewalk along Oregon Way, the less trafficked and noisy street. The wide sidewalk and wide walkways are minimum 8 ft, enough to serve as a bicycle/pedestrian path (or"multi-use path"). H-2.3 34 "Encourage multi-model transportation options, including park- and-ride facilities, carpooling, and use of transit services." Conditions induce walking and cycling, which could make a dent in some vehicular traffic at least for the convenience store and commercial office area, by requiring rain canopies at building entrances, minimum window area on street-facing walls, bicycle parking and some covering/sheltering of it,wide walkways connecting sidewalks with all building main entrances on the site, trees in yards along streets, and landscape strip with street trees and wide sidewalk along Oregon Way,the less trafficked and noisy street. The easier walking and cycling are, the more likely they become the means of"last mile"travel for those who ride the bus. Conditions secure carpool/vanpool (C/V) parking for commercial office area. They also secure a bus shelter and bus stop bicycle parking or fees in-lieu, relating to the Oregon Way northbound stop. The development site NE corner is approximately 1,000 ft walking distance southeast from the Woodburn Memorial Transit Center/ Woodburn Park and Ride at 2900 Tom Tennant Drive. H-2.5 34 "Provide inter-parcel circulation through crossover easements, frontage or backage roads, or shared parking lots where feasible." A CU condition secures access management based on WDO 3.04.03 and Table 3.04A through Ordinance No. 2602 (LA 21-01), accounting for the ODOT factor. (Attachment 102B agency commentary provides ODOT factor context.) H-3.1 35 "Continue coordination with ODOT to improve safety on state facilities within the City and citywide access management strategies." A CU condition secures access management based on WDO 3.04.03 and Table 3.04A through Ordinance No. 2602 (LA 21-01), accounting for the ODOT factor. (Attachment 102B agency commentary provides ODOT factor context.) CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 26 of 61 297 Policy Page Policy&Analysis CU transportation conditions secure transportation mitigation fees relating to study of highway signal timing and intersection crash reduction. They also secure a bus shelter and bus stop bicycle parking or fees in-lieu, relating to the Oregon Way northbound stop,which could make a dent in some vehicular traffic at least for the convenience store and commercial office area. H-3.2 35 "Implement strategies to address pedestrian and bicycle safety issues, specifically for travel to and from local schools, commercial areas, and major activity centers." Conditions induce walking and cycling by requiring rain canopies at building entrances, minimum window area on street-facing walls, bicycle parking and some covering/sheltering of it, wide walkways connecting sidewalks with all building main entrances on the site, trees in yards along streets, and landscape strip with street trees and wide sidewalk along Oregon Way,the less trafficked and noisy street. CU transportation conditions secure transportation mitigation fees relating to study of highway signal timing and intersection crash reduction. They also secure a bus shelter and bus stop bicycle parking or fees in-lieu, relating to the Oregon Way northbound sto p. The development site NE corner is approximately 1,000 ft walking distance southeast from the Woodburn Memorial Transit Center/ Woodburn Park and Ride at 2900 Tom Tennant Drive. H-4.1 35 "Evaluate the feasibility of various funding mechanisms, including new and innovative sources." CU transportation conditions secure transportation mitigation fees relating to study of highway signal timing and intersection crash reduction. They also secure a bus shelter and bus stop bicycle parking or fees in-lieu, relating to the Oregon Way northbound sto p. H-5.1 35 "Implement, where appropriate, a range of potential Transportation Demand Management (TDM) strategies that can be used to improve the efficiency of the transportation system by shifting single-occupant vehicle trips to other models [sic] and reducing automobile reliance at times of peak traffic volumes." Conditions induce walking and cycling, which could make a dent in some vehicular traffic at least for the convenience store and commercial office area, by requiring rain canopies at building CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 27 of 61 298 Policy Page Policy&Analysis entrances, minimum window area on street-facing walls, bicycle parking and some covering/sheltering of it,wide walkways connecting sidewalks with all building main entrances on the site, trees in yards along streets, and landscape strip with street trees and wide sidewalk along Oregon Way, the less trafficked and noisy street. The easier walking and cycling are, the more likely they become the means of"last mile"travel for those who ride the bus. Conditions secure carpool/vanpool (C/V) parking for commercial office area. They also secure a bus shelter and bus stop bicycle parking or fees in-lieu, relating to the Oregon Way northbound stop. The development site NE corner is approximately 1,000 ft walking distance southeast from the Woodburn Memorial Transit Center/ ... Woodburn Park and Ride at 2900 Tom Tennant Drive. Natural...... Resources: J-1.1 40 "... Outside of designated floodplains and riparian corridors, developers should be required to leave standing trees in developments where feasible." See the Conditional Use Provisions section under criterion 3, factor c5) "aesthetics",for analysis relating to Significant Tree removal ... mitigation. A condition secures contribution to the City tree fund. Energy Conservation: M-1.2 49 "The City shall increase its commitment to energy conservation, including alternative energy vehicles, increased recycling, and reduction in out-of-direction travel. ... ." Conditions secure both carpool/vanpool (C/V) and electric vehicle (EV) parking for commercial office area. "e. The suitability of proposed conditions of approval to ensure compatibility of the proposed use with other uses in the vicinity." Staff applies conditions regarding chiefly a few main topics: a. WDO conformance; b. Mitigation of the unpleasant aspects of neighboring and patronizing a gas station and convenience store; and c. Aesthetics as examined above for 36), both (1) on-site and (2) through Street Exception EXCP 21-05 the Oregon Way frontage in particular. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 28 of 61 299 Particularly topics b. & c.(2) but also the three topics together ensure compatibility of the development. in order to secure the development meeting criteria 2 & 3, staff conditions. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 29 of 61 300 Exception to Street Right of Way and Improvement Requirements ("Street Exception") Provisions EXCP Provisions 5.03.03 Exception to Street Right of Way and Improvement Requirements A. Purpose:The purpose of a Type III Exception is to allow a deviation from the development standard required for the functional classification of the street identified in the Transportation System Plan. Street exceptions are processed in conjunction with a development proposal that is a Type III application. B.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,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; and 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. C. Proportionate Reduction in Standards:An exception to reduce a street right of way or cross-section requirement below the functional classification standard may be approved when a lesser standard is justified based on the nature and extent of the impacts of the proposed development. No exception may be granted from applicable construction specifications. 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,there are minimum standards for right of way and improvement that must be provided to meet the standards of this Ordinance (Section 3.01). Deviation from these minimum standards may only be considered by a variance procedure. What would have been the standard cross sections are below: CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 30 of 61 301 ......................................................................................................................................................................................................................................................................................................................................................................................................... Connecting Street „ w "N" Boundary Street Boundary Street Connecting Street , peat Internal Street „ r less More than \ Connecting Street 260 feet Property being g \ developed Figure 3.01A.....�.....Internal, .....Boundary,.........and Connecting Streets................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... PUBLIC %a �iJv EAUIRLITY SEMENT 1' PUBLIC UTIQ ITY EASEMENIT 14' 30 '1" 6' 6' 6' 12' 12' CENTER 12' 12' 6' 6' 6' 1'1.0' SIDE LAND BIKE TRAVEL TRAVEL, LEFT TURN TRAVEL TRAVEL BIKE LAND SIDE WALK ,..''.., SCAPE LANE'. LANE LANE LANE LANE LANE LANE SCAPE WALK 74' 4iC1N/=14101' ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... PUIBLIC UTILITY " K77-i LIC UTILITY EASEMENT ASEMENT „�d „�„�;, ,, �,.; �,,,. ....� 61 61 12” 12' 6" 6�" SIDE LANG 8° TRAVEL TRAVEL a" LANG SIDE 5' 1 WALK SCARE PARKING LANE LANE PARKING SOAP WALK 40' RL7W�6fi, Top: Figure 3.018 - Major Arterial(Oregon Hwy 214/Newberg Hwy) Bottom: Figure 3.01E - Access Street(Oregon Way) CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 31 of 61 302 The application materials include a Street Exception narrative dated October 11, 2021 and submitted October 18, 2022. Regarding criterion 1, the applicant's narrative (p. 2) states: "The existing frontages on Hwy 214 and Oregon Way meet the WDO standards with the exception of the landscape strip and sidewalk being reversed. On Hwy 214 conforming strictly to the WDO standards would actually narrow the road by 6'to add a landscape strip adjacent to the roadway, see A1.1. Changing this would not affect'the extent to which the right of way and improvements will be used by persons served by the building or development."' Staff concurs about no effect on the extent to which the right of way and improvements will be used by persons served by the development in the sense that there are at present and will remain the same number of vehicular lanes along both frontages, highway bicycle lane, and sidewalks. The proposed land uses of gas station and convenience store are for convenience and not safety. Paragraph 1 Relative to Figure 3.0113, highway non-conformance is limited to lack of planter strip and street trees. Conventional traffic engineering does not address effects of development on walking and cycling as it does for vehicular trips, there is no widely recognized norm for how to address such, and the WDO provides no guidance on the topic. Second, the north frontage context is strip commercial along a heavily trafficked state highway, the kind of dangerous and noisy environment that repels pedestrian and cyclists. Those who do walk and cycle are likely those who are living nearby, the homeless, those without access to car, and those few who wish to brave existing conditions. The presence of a sidewalk is sufficient for sheer practicality for those who wish to walk along a highway or cycle outside of the bicycle lane because they don't feel safe in a highway bicycle lane. In this context, the number of pedestrians and off-street cyclists is moot. Pedestrians and cautious cyclists can and douse the wide sidewalk today, and the pedestrians and cautious cyclists the development might attract would use the same wide sidewalk. Staff conditions fees in lieu of highway street trees and new sidewalk along a landscape strip. Paragraph 3 Relative to Figure 3.01E, Oregon Way non-conformance is limited to lack of parking lane, planter strip, and street trees. Staff applies conditions that excepts only the parking lane but also requires fee in lieu of such parking. Additionally, the conditions require wider planter strip and wider sidewalk exceeding the minimums of Figure 3.01E. Like conventional development CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 32 of 61 303 and zoning codes, the WDO requires off-street parking for almost all developments, including the subject development, so the absence of on-street parking is not of concern from this perspective. Second, pedestrians and cautious cyclists can and do use the narrow curb-tight sidewalk today, and the pedestrians and cautious cyclists the development might attract would use the new wider sidewalk. Third, Figure 3.01E does not account for the presence of a left turn lane at intersections, and such exists because of ODOT, and given that ODOT and the Public Works Department assume its continued existence, Public Works assumes that the developer would adapt required Oregon Way half-street improvements to fit along the turn lane, and that ODOT typically asks that there be no on-street parking within a certain distance of state highway intersections, usually 50 ft, it is reasonable in this case to allow for fee in lieu of what little on-street parking a civil engineer could fit. Staff conditions fee in lieu of Oregon Way on-street parking. With conditioning, the criterion is met. Regarding criterion 2, the applicant's narrative (p. 2) states: "As stated above there is no change to the extent of use from existing conditions to WDO standards, thus no improvements are needed to meet the estimated use, beyond those shown on the submitted plans. According to our engineer of record: 'I would estimate that the quantitative impact to remove and replaced existing infrastructure to the current standard would be on the order of$150/lf over the approximately 425 feet of frontage is around$65,000 not including engineering, permitting and survey work which may add another$25,000 when dealing with ODOT. The addition of a parking lane on Oregon Way would require ROW dedication,additional paving,adjustment of utilities, etc...to potentially gain 1 or 2 parking spaces since we have a driveway on the south end and you can't park too close to the intersection.The additional cost for that might be $50,000 or more."' Staff has no interest in the developer's estimated civil engineering improvements cost. Here, the same as criterion 1 analysis "Paragraph 1" and "Paragraph 3". Staff conditions fees in lieu of highway street trees and new sidewalk along a landscape strip. Staff conditions fee in lieu of Oregon Way on-street parking. With conditioning, the criterion is met. Regarding criterion 3, the applicant's narrative (p. 3) states: CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 33 of 61 304 "The extent to which the building or development will impact the public infrastructure would be unaffected by maintaining the existing conditions vs an increased impact the change to strict conformance to the WDO requirements would create." Staff has no interest in the developer's estimated civil engineering improvements cost. Here, the same as criterion 1 analysis "Paragraph 1" and "Paragraph 3". Staff conditions fees in lieu of highway street trees and new sidewalk along a landscape strip. Staff conditions fee in lieu of Oregon Way on-street parking. With conditioning, the criterion is met. Regarding criterion 4, the applicant's narrative (p. 3) states: "Changing to conform strictly to the WDO requirements, rather than letting the existing conditions that meet the intent of the code remain, is what would create an impact on the public infrastructure system that is unnecessary.According to our engineer of record: 'I would estimate that the quantitative impact to remove and replaced existing infrastructure to the current standard would be on the order of$150/lf over the approximately 425 feet of frontage is around$65,000 not including engineering, permitting and survey work which may add another$25,000 when dealing with ODOT. The addition of a parking lane on Oregon Way would require ROW dedication,additional paving,adjustment of utilities, etc...to potentially gain 1 or 2 parking spaces since we have a driveway on the south end and you can't park too close to the intersection.The additional cost for that might be$50,000 or more."' Staff has no interest in the developer's estimated civil engineering improvements cost. Here, the same as criterion 1 analysis "Paragraph 1" and "Paragraph 3". Staff conditions fees in lieu of highway street trees and new sidewalk along a landscape strip. Staff conditions fee in lieu of Oregon Way on-street parking. With conditioning, the criterion is met. About Street Exceptions in general, Planning staff adds that the Public Works Department is content with frontages along the corridor, and defers to ODOT for developments where ODOT has jurisdiction. By 2015, ODOT improved the 1-5 interchange and as part of that project widened OR 214 east of the interchange to a little east of Oregon Way. As expected, the agency constructed to its own economized standards, which resulted in curb-tight sidewalk, though wide at about 8 ft, no street trees, and no burial of the south side overhead electric CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 34 of 61 305 power lines. Also, until late 2017 and early 2018, staff approved any Street Exception that a developer requested, and Planning staff experience in these years was that the Public Works Department prefers curb-tight sidewalk and existing conditions anyway generally beyond curbs as long as there were minimum improvements to driving area between curbs and subsurface/underground potable water, sanitary sewer, and stormwater utilities. In more recent years, Planning staff took the lead in at least imposing conditions on Street Exception approvals to get a degree of improvements and/or fees in-lieu. Regarding OR 214, Planning staff years ago recognized the de facto policy decision by other departments to leave the ODOT-improved segment as is and not have individual redevelopments upgrade their frontages to have landscape strips, new sidewalk that conforms, and buried power lines redevelopment by redevelopment. The developer's chief justification for the EXCP, which originally proposed no upgrades of nonconforming street frontages, was convenience, saving money, and be of no profit to the gas station or commercial office enterprises. For any development, if and where the City grants Street Exceptions, it implicitly assumes the taxpayer cost of upgrading frontages itself through capital improvement projects. This guided Planning staff applying the EXCP criteria and conditioning. Through both conditional use and Street Exception, Planning staff applies conditions that grant EXCP approval for both frontages, but also to give the City some public benefit for leaving the highway as is or mostly as is and for Oregon way not having required on-street parking; require the developer to make the Oregon Way frontage the best for pedestrians through wide landscape strip with street trees, wide sidewalk, and setting maximums for Oregon Way driveway width; and securing fees in-lieu. Fees in-Lieu For Condition EX1 and Attachment 203 (fee table) regarding fees in lieu of upgrading highway sidewalk to conform to Fig. 3.0113, staff derived as follows: • Poured concrete at $33.00 per sq ft; • Sidewalk 6 ft wide per Fig. 3.0113; • Frontage width of 265 ft per Tax Map 052W12DB as sidewalk extent; and • 150% of the subtotal to account for construction public labor instead of private labor, based on the percentage in WDO 4.02.08 as Ordinance No. 2602 amended. This calculates as ($33 x 6 x 265) x 1.5 = $78,705. For Condition EX1 and Attachment 203 (fee table) regarding fee in lieu of electric powerline burial/undergrounding to conform with 3.02.04 and 4.02.12 as amended by Ordinance No. 2602, because as of June 2, 2022 the City has not yet adopted a fees in-lieu schedule, staff CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 35 of 61 306 establishes a default fee the would be applicable if by the time necessary to assess the fee in order to issue building permit, the City would have not yet established this among other fees in lieu. The default fee is based on a Pacific Gas and Electric Company, a subsidiary of PG&E Corp., estimate that in general burial costs $3 million per mile (PG&E "Currents" newsletter, article "Facts About Undergrounding Electric Lines", October 31, 2017 <htt�s /vuvuvu.p,g " �� W"��s.�:.. m/2 ,,� I(� : ��f�i is �a��out ��,de.rgr ,u.ndi �g-el�W"cmc-lines x This equates to $3,000,000/5,280 ft = $568.18 per foot. For Condition EX2 and Attachment 203 (fee table) regarding fee in lieu of on-street parallel parking, staff derived as follows: • Asphalt at $15.00 per sq ft; • Parking stall dimensions of 8 ft wide by 22 ft long; • 3.5 parking stalls after taking the distance from in line with the south property line at Oregon Way north to the stop bar at the intersection with the highway (172 ft), then subtracting 50 ft (minimum parking distance from intersection), 30 ft (driveway and its curb flares), and 16 ft (two 8-ft long transition areas of curb at each end of parking aisle) resulting in (172 - [50+30+161) /22 = 3.5; and • 150% of the subtotal to account for construction public labor instead of private labor, based on the percentage in WDO 4.02.08 as Ordinance No. 2602 amended. This calculates as ($15 x [8 x 221 x 3.5) x 1.5 = $13,860. Z . In order to secure the development meeting the conditional use criteria and justify Street Exception, staff applies conditions. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 36 of 61 307 Phasing Plan Provisions 5.03.05 Phasing Plan for a Subdivision, PUD, Manufactured Dwelling Park or any other Land Use Permit A. Purpose:The purpose of a Type III Phasing Permit is to allow phased construction of development while meeting the standards of this ordinance(Sections 2 and 3),while providing fully functional phases that develop in compliance with the tentative approval for the development. B. Criteria:The proposed phasing of development shall: 1. Ensure that individual phases will be properly coordinated with each other and can be designed to meet City development standards;and 2. Ensure that the phases do not unreasonably impede future development of adjacent undeveloped properties; 3. Ensure that access,circulation, and public utilities are sized for future development of the remainder of the site and adjacent undeveloped sites. Regarding B.1, the same as for B.3 below, and the applicant's Phasing Plan narrative dated October 11, 2021 and submitted October 18 states, "The project was designed as a whole to meet the requirements of the WDO and each phase of the project shall be coordinated and the appropriate steps shall be taken to ensure compatibility of the phases and conformance to the project as a whole." Staff concurs. A few site plan details of both Options 1 & 2 need revision, and reasonable conditions of approval can and would secure such following a land use decision. The criterion is met. Regarding B.2, the applicant's Phasing Plan narrative dated October 11, 2021 and submitted October 18 states, "[T]he properties in question are not adjacent to any undeveloped sites." This is correct, and staff concurs. Additionally, in both of site plan Options 1 & 2, there are corollary improvements for the proposed buildings across both lots, and so either option would not impede development of either of the two lots composing the subject property. The criterion is met. Regarding B.3, first, the same as for B.2 above. Also, the applicant's Phasing Plan narrative dated October 11, 2021 and submitted October 18 states, "All access, circulation, utilities, and other items have been designed as one project and will be constructed so that additional phases will fit seamlessly into the project as a whole." The applicant applied for a Phasing Plan to allow not having to construct all improvements with the first of several buildings, such as to stage development of the commercial office and its related improvements at a different time than development of the gas station, convenience store, and fuel pump canopy and related improvements. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 37 of 61 308 The Oregon Department of Transportation (ODOT) through Casey Knecht, P.E., Development Review Coordinator, ODOT Region 2, later informed the applicant and City staff by phone and e-mail of what staff terms the "ODOT factor", a phrase also found in a condition of approval, and put in an e-mail May 4, 2022 as agency commentary what City staff labels Attachment 102B. The following quotes Attachment 10213: "Please include these comments as part of the Planning Commission hearing and notify ODOT of the decision by sending a copy to odotr2planmgr@odot.state.or.us when available. The site has frontage on Hillsboro-Silverton Highway, No. 140 (OR-214), and is subject to state laws administered by ODOT.The site comprises two different tax lots, each with access restrictions recorded in the property deeds.Tax lot 3700 (2600 Newberg Hwy) has one access reservation at MP 37.09 that can serve tax lot 3700 only.This corresponds with the existing driveway on the highway. Tax lot 3600(2540 Newberg Hwy) has no access rights to the highway and no access rights to a portion of Oregon Way between the highway intersection and a point 191 feet south of the highway intersection center.This leaves a 36-foot window along Oregon Way adjacent to the southern property line where all vehicular access must occur for tax lot 3600.This corresponds with the existing driveway on Oregon Way. I have attached the relevant property deeds from the Marion County clerk. Both site plans allow for vehicles to enter tax lot 3600 (2540 Newberg Hwy)via tax lot 3700 (2600 Newberg Hwy)which is in violation of the access rights listed in the deeds.The additional driveway on Oregon Way falls in the area of access control (outside the 36-foot window), and would also be in violation of the access rights listed in the deeds.There is a process for modifying or lifting access rights, called a Grant of Access.The applicant would need to apply to the state for a Grant of Access, and demonstrate that the changes to the access rights would benefit the highway. If the application is approved,the deeds would be modified and re-recorded with the county clerk to reflect the change. If the city approves this land use proposal with either of the site plan options, there must be a condition of approval that the applicant shall obtain the proper access rights for both tax lots prior to any construction, so as to not violate their own deeds." Staff had no reason to decline the access management desire of ODOT or challenge its authority over state highways and access to and from them. Second, the ODOT factor became a reason, if not the compelling reason, for City staff to support with conditions a Phasing Plan for which the applicant had already applied. Third, either site plan Option 1 or 2 would meet City requirements for access and circulation and meet whatever ODOT access permit decision the agency later makes apart from the City land use process and decision-making. Staff believe it would appear and be punitive for the City to deny the subject development because of the authority and stated position of a state agency regarding its own permit process, particularly a large, byzantine, and slow agency, and because the outcome of that ODOT permit process could be either approval or denial of what CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 38 of 61 309 the developer wants: widening the highway driveway and having no restrictions on vehicular access to, from, and within the development as a whole. Fourth, as is routine for its land use review of developments, the Public Works Department through Attachment 102A has the usual kind of infrastructure text for the development in question and that is premised on the department approach to de facto approve any development, in turn premised on the idea that during its own department processes and reviews following the land use review stage, such as for civil engineering plan (CEP) plan review and right-of-way (ROW) permits, it will coordinate with ODOT to apply specific agency and City public works requirements and have the developer make so whatever is necessary to get ODOT and Public Works Department approvals that both respect conditions of approval that the Department sees as led and administered by the Planning Division while also meeting public works requirements for public infrastructure both on-site and in ROW and public utility easements (PUEs), the "public utilities" that criterion B.3 mentions. Essentially, the Public Works Department indicates that criterion B.3 is met or can be met through Attachment 102A and its later department processes and reviews following the land use review stage, such as for civil engineering plan (CEP) plan review and right-of-way (ROW) permits, so Planning Division staff defer and concur. Lastly, City staff act on the premise that while a local government can and should deny an application that is inconsistent with applicable land use regulations, it can and should avoid denial if staff can impose reasonable conditions of approval. For virtually every land use review, staff can impose reasonable conditions of approval to avoid denial, and the review of the subject development is such a case. The legislature gives implicit support for the concept in at least two statutes. The statutes are not applicable as regulations but are relevant regarding legislative intent. ORS 197.522 "Local government to approve subdivision, partition or construction; conditions" is about partition, subdivision, and needed housing, none of which are relevant to the subject development; however, its subsection (4) states, "A local government shall deny an application that is inconsistent with the comprehensive plan and applicable land use regulations and that cannot be made consistent through amendments to the application or the imposition of reasonable conditions of approval." The second, OS 227.185 "Transmission tower; location; conditions" — no transmission tower being relevant to the subject development —states, "The governing body of a city or its designee may allow the establishment of a transmission tower over 200 feet in height in any zone subject to reasonable conditions imposed by the governing body or its designee". These statutes indicate that the legislature expects local governments to apply land use conditions of approval in preference to denying. Also, neither statute defines the term "reasonable", and the term is elastic. Staff drafted the conditions to be reasonable and based on the characteristics of the subject development. Staff emphasizes that besides the Phasing Plan, the master or parent application type is Conditional Use, a term that says it all about the premise of conditioning. Criterion B.3 is met. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 39 of 61 310 Remaining Provisions These are applicable provisions not already addressed in the application type provisions sections above. 4.01.07 Consolidated Applications An applicant may request,in writing,to consolidate applications needed for a single development project. Under a consolidated review,all applications shall be processed following the procedures applicable for the highest type decision requested. It is the express policy of the City that development review not be segmented into discrete parts in a manner that precludes a comprehensive review of the entire development and its cumulative impacts. The proposal is consolidated. In conclusion to the above analyses and findings, staff would recommend that the Planning Commission consider the staff report and its attachments and approve the consolidated applications package with conditions. Approval would include the site plan Options 1 & 2. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 40 of 61 311 Recommendation Approval with conditions: Staff recommends that the Planning Commission consider the staff report and its attachments and approve the consolidated applications package with the conditions recommended by staff below: General G1. By and 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 by the Building Division. 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 3.01.02 and 4.02.12 through Ordinance No. 2602 (LA 21-01) unless if and where a condition of approval has more restrictive timing. b. Where phasing is relevant, building permit issuance means issuance for the phase in which the conditioned improvement is located. c. Where changes to street addresses are necessary, the developer shall apply through the Planning Division for and obtain approval of an ,�,�,res,s, Ss,u„gn.� .,II,t , !.-, �,�„�,st. This is due prior to building permit application, and if property line adjustment or lot consolidation were to become relevant, then also after recordation with County. G5. Recordation due dates: The applicant shall apply to the County for recordations of items that the City requires no later than six (6) months prior to expiration of the land use approval as WDO 4.02.04B establishes, and shall complete recordations no later than three years past the land use "final decision” date. The due date to complete recordations shall not supersede when recordations are due relative to the building permit stage. G6. Fees: The developer shall pay fees per Attachment 203. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 41 of 61 312 Phasing Plan 21-01 PP. Phasing Plan: 1. Options 1 & 2: The developer may develop a site plan revised to conform to conditions of approval and based on either: a. Option 1: The site plan concept last revised and re-submitted for land use review on February 9, 2022 and premised on there being no ODOT factor (see the ODOT factor condition); or b. Option 2: The different site plan revised and submitted May 2, 2022 premised on the developer's understanding of the ODOT factor. This due by building permit application. 2. Basic Descriptions: a. Option 1: See Exhibit PP1 below for plan details. (1) On Tax Lot 3600 (east, corner lot), a single northeast building of with convenience store of 4,110 sq ft and a commercial office of 1,863 sq ft. (2) On Tax Lot 3700 (west, interior lot), a north fuel pump canopy and a south commercial office building of 5,000 sq ft. b. Option 2: See Exhibit PP2 below for plan details. (1) On Tax Lot 3600 (east, corner lot), a single northeast commercial office building of 3,649 sq ft. (2) On Tax Lot 3700 (west, interior lot), a north fuel pump canopy and a south convenience store of 4,314 sq ft. 3. Phasing: The developer may phase an option: a. Option 1: To develop the south office building and necessary corollary improvements later than the gas station complex of convenience store, attached commercial office, and fuel pump canopy and necessary corollary improvements. b. Option 2: To develop at different times (1) the gas station complex of convenience store and fuel pump canopy and necessary corollary improvements, and (2) the northeast office building and necessary corollary improvements. 4. All conditions apply to any option, 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. 5. By and as part of building permit application, the applicant shall submit revised site plans meeting the conditions of approval. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 42 of 61 313 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... SITE SUMMARY FFroPEF-'613E 63 U9 5F. O9L 4..CC'1— M'$6 PP 4a, O 6J D OIFL AJ_D P�nA IIS F ---- — ----_` �HWY 214 �n w frac ' a P ,e g. lane .tea o a� ls3s-n ' / as - � ✓, �yl r��I�y+— — � � � yypp �F�n ;[,� d I� C. STORE 4,110 SF L 9 � F l � I I�v Ill'A 11 IV 1 o- AW o R OFFICE 1$63 SF -• EY sa 4 -FE � a' E 5" /!,� N,6 rJ'Y9 uul p � � '. r•m uwN1 _R � it _ 9+ J P m 1 l"M I'Ys' 'Ay EA rapd_vvta AWI I V- w LJAwA � I rcuro.e wv cin to F.S.cN C 141 ISE rs� Ul 11! a - r f ... ! ✓i�w = 13 � � I 1 ., m.al,P" t OFFICE tj 50010 SF �I �- P I :e w c A— a LANDSCAPE PLAN � w�� .:a Exhibit PP1: Option 1 Site Plan Excerpt Prior to Revision per Conditions of Approval CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 43 of 61 314 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... SITE SUMMARY Prv^.——E 7 -631P@ 5F.N13 ALi TOTAL eU"LGINFA-14 -'3615F T—L F—GAG .411l 5F TOTAL L.NC9 AM 4RFA :-239 S (GF) I HWY 21d � ---_--�---------------_------aiao=MNrse4------------- I L+We£CAF_ C L Ge free�s sus:_ LAYG6'.AY- AF.c Y8l 5 R - C f t cv d6=_d.t K4 kE2 Y=M M be p �n `\ AfEr�34fS lP PJ I 10 6=S 911 � P'PdJ IbJ l4 FJ 6�'dIBS 5 V OFFICE 4i 01PoIB8 Pv�"PoEe ,r 9 I.ANos..A.�-oral sueae sw ..� rr P4 I GLS: Ed PJ � �V Y ��I 1y �• ��r � � � \ \�\\ (4P.,SN=LeS SIGG C! Ir� ....... 6�� ]:NRJ&41 vda-d rd l7le� LJ� LA SCAFE AA Bao rE N LM'G9GaF£ i pEL��5td ICM P 1� �tl-W��fL 1 �_- I TEES..5 R. I •' styes PJ pRJMJEJ CB PJ � I PJ4 BB R i✓ 0.J11.K4W 6 iPP�EG W Ru'^v:DEG; 1 E ` J7� G1.m,Eg44N•c. pEp 91d ]i�aSN Ipl1 � '- � L611aA6 ILE W' JIRE,.T WI7".nG 69T SGr 1.Nq CFr ro ru.trr I FEO C4Tfv �, � �rcx T MdMtWN VIb cN I ®1111�V ISI IIII IN I '. II Grp xsed I PROPOSED I. A� C STORE A,S1A BF � r �Sc� r i \\� e\�\ �ffA 4943CR Il I I '�oI_ND.�CAPE PLAN �c AL9.I• Exhibit PP2: Option 2 Site Plan Excerpt Prior to Revision per Conditions of Approval CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 44 of 61 315 -------------------------------------------------------------------------------------- Design Review 21-10 D1. PUEs: If minimum width streetside PUB do not yet exist as 10 ft along the highway per WDO Figure 3.0113 or 5 ft along Oregon way per 3.02.0113, the developer shall grant such. Max widths shall be per Conditions EX1 & EX2. This is due by building permit application. D2. Parking/vehicular circulation setback: Option 2: To conform to WDO 3.05.02E, the developer shall do one of the following: (a) revise the site plan to set back parking and vehicular circulation area min 5 ft from the northerly east lot line of 2600 Newberg Hwy (Tax Lot 3700) and to landscape the setback per 3.06 and plant min 4 trees within it; (b) have a shared use agreement per 3.05.02E; or (c) doing (a) in part and in combination with (b). This is due by building permit issuance. D3. Parking/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. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 45 of 61 316 ...................................................................................................................................................... Conditional Use 21-02 CU1. Architecture: a. Canopies/fixed awnings: (1) General: Min height clearance 9 ft. (2) Fuel pump canopy: Max ceiling height 14.5 ft to either(a) ceiling or (b) ceiling- mounted lighting fixtures, whichever is lower. (3) Option 1: (a) Convenience store/ NE office building: Each west 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. Each east mandoor shall have the same, except min area 18 sq ft, min depth 3 ft. (b) South 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. It 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 18 sq ft, min depth 3 ft. (4) Option 2: (c) Convenience store: North entrance shall have a fixed awning or a canopy that shelters from the weather, min area 48 sq ft, min depth 4 ft. Each side or rear mandoor shall have the same, except min area 12 sq ft, min depth 2 ft. (d) NE commercial office: The main entrance shall have any of the following that that shelters from the weather: (1) a fixed awning or a canopy, (2) a building recess, or (3) combination. Min area 64 sq ft, narrowest dimension 6 ft. Min one of the other entrances shall have the same, except min area 24 sq ft, narrowest dimension 4 ft. Every south and west facade storefront window shall have any of a fixed awning, canopy, building wall projection, secondary roof, or sun louver min width same as the window and min depth 2 ft. Building color shall be other than black or charcoal. b. Cladding/materials: (1) Option 1: Convenience store/ NE commercial office: Base cladding min height 2 ft of brick, CMU finished to resemble cut stone, or adhered stone. The proposed east CMU mandoor screen 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. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 46 of 61 317 (2) Option 2: NE commercial office: Base cladding min height 2 ft of brick, CMU finished to resemble cut stone, or adhered stone. c. Entrance: Option 2: NE commercial office: The main entrance door or doors of the office building shall be at any of the NE corner, within the east facade, or at the SE corner of the building. A corner entrance may be angled or both at one side of a corner and within 12 ft of the corner where main wall planes intersect or would intersect. d. Scuppers: Any building rainwater scuppers shall not to dump onto the pavement of a wide walkway. e. Setbacks: (1) General: Site NE corner min setback shall equal streetside PUE. (2) Option 1: (a) Convenience store/ NE commercial office: max 15 ft from highway and max 20 ft from Oregon Way ROW (measured from straight line ROW, not variable ROW at intersection). (b) South commercial office: min 5 ft from Tax Lot 3700 east, south, and west lot lines. (3) Option 2: NE commercial office: max 15 ft from each of highway and Oregon Way ROW (measured from straight line ROW, not variable ROW at intersection). NE corner min setback shall equal streetside PUE. West and south setbacks each shall be min 10 ft. f. Windows: (1) General: All windows shall be square, round, or vertically proportioned. Operable windows shall have insect screens. (2) Min area: (a) Option 1: (i) Convenience store: West facade 30%; north 30%; east 36 sq ft. (ii) NE commercial office: West and south facades 30%; east 144 sq ft. (iii) South commercial office: North facade 30%; east 15%; south 20%; and west 20%. (b) Option 2: (i) Convenience store: North facade 30%. Each of east, south, and west facades min 1 window min 7.5 sq ft, min 1.5 ft wide, and wholly within 8.5 ft of grade. (ii) NE commercial office: North facade 30%; east 40%; south 30%; and west 20%. CU2: 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 CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 47 of 61 318 from AW if the homeowner in writing consents to exemption and the developer submits documentation by and as part of building permit application. b. Min height shall be along the: (1) North and west lot lines of Tax Lot 3500 6 ft, 2 inches (if CMU, equal to 9 courses of blocks plus 2-inch smooth concrete cap). (2) North and east lot lines of Tax Lot 90000 (950 Evergreen Road) 8 ft, 2 inches (if CMU, equal to 12 courses of blocks plus 2-inch smooth concrete cap). (3) Where fencing may substitute per other conditions, for part 1. above it shall be 6 ft, and for part 2. above, 8 ft. 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 Public Works 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: (1) 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. ................................................................................................................................ l i � J Exhibit CU2d(1) CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 48 of 61 319 ramom Exhibit CU2d(2) (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. e. Color: Masonry and any paint shall be a color or colors other than black, charcoal, or 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 or charcoal. On free-standing walls with two or more colors, darker colors shall be towards the bottom and lighter ones towards the top. f. Material: AW segments at 40 ft north or farther from the south lot line of Tax Lot 3700 may be partly made of opaque cedar wood fencing if the wall remains mostly masonry. Specifically, masonry must constitute the bottom extent of wall segment from grade up to min 2 ft, 8 inches above grade, and there shall be piers or pilasters per "Details" below. Exhibit CU2f below illustrates a similar, conforming example: .......................................................................................................................................................................................................................................................................................................................................................................................................................................................... AtY H ` F" { * Mf-.IL WY II IL GRIkI 1Yr. 1 „,w.,w„�.„.„,...,m..•J ( �Y'1:' {� I11)VdIZ",9tNL A'.IMVp ({ M".1111 WALL 'CGIAU —TICAL I AL lII R .................................................................... ........................................................ .. ....................................................................... TYP. ,r I ELE44TIONI y .. .. .. .. .. ,. .. ., p4 4M TYP.ARCHITECTURAL_¶ . WALLPLA & EL ELEVATION _ _ _ _ t _______-- ______ ________ _________ _________ Exhibit CU2f(DR 2017-08) g. Details: Each AW segment end shall have a pier or pilaster min 16 inches wide relative to wall face and projecting min 4 inches. Each segment shall have a min number of piers or pilasters equal to a ratio of 1 per 40 ft of wall. 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. If the AW is CMU, the 8t" and 9t” CMU courses above grade shall be ground face (5 ft, 4 inches through 6 ft above grade). CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 49 of 61 320 CU3. Bicycle parking: Amount and general location: The developer shall provide bicycle parking as follows: a. Option 1 min stalls: (1) Convenience store: 2 (2) NE commercial office: 2 (3) South commercial office: 4 b. Option 2 min stalls: (1) Convenience store: 2 (2) NE commercial office: 4 c. General: Standards other than amount and general location shall conform to WDO 3.05.06 through Ordinance No. 2602 (LA 21-01). CU4. Electric power lines: The development shall conform to WDO 3.02.04 through Ordinance No. 2602 (LA 21-01). CUS. Landscaping: a. Bench: In the landscaped open space at or near the NE commercial office space, along a wide walkway or in a plaza, install either a 6-ft wide bench with back or a picnic bench. Set back from walkway and pave the setback, min either 2 ft for a bench or 3 ft for a picnic bench. b. Buffering/Screening: Evergreen hedge or shrubbery shall: (1) Line AW segments. (2) Screen transformers and other at-grade electrical and mechanical equipment along their sides, excepting the side intended for technician access. (3) Serve as means of conformance with WDO 3.06.05B (parking screening). c. Coniferous/evergreen trees: 1 min of trees new to the site. The 1 shall be 1 min of the following coniferous or evergreen species: Cedar, Western RedMadrone, Pacific ................................................................................................................................................................................................................................................................................................................................... Douglas-FirOak, Oregon White ................................................................................................................................................................................................................................................................................................................................... Fir, GrandPine, Ponderosa; and ................................................................................................................................................................................................................................................................................................................................... Hemlock, Western Yew, Pacific d. Front yard (1) Trees: (a) Plant min 7 trees in the yard along the highway and min 10 ft and max 20 ft from ROW. (b) Plant min 4 trees in the yard along Oregon Way, min 5 ft and max 20 ft from ROW, in a loose row with min 3 of them spaced offset from and complementing street trees. (2) Hedge/shrubbery: In all areas not occupied by buildings and pavement, landscape per WDO 3.06. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 50 of 61 321 (a) 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 and maintain min 5 ft from sidewalk and max 12 ft from ROW. (b) Option 1: On Tax Lot 3600 in the yard along the Oregon Way, line the convenience store rear east free-standing wall with a hedge or row of continuous small or medium shrubbery. (c) Option 2: On Tax Lot 3600 in the yard along the Oregon Way, plant a hedge or row of continuous small or medium shrubbery extending along the east dead- end of the drive aisle. Plant and maintain min 1 ft from sidewalk. e. Site interior: (1) AW: Line each Architectural Wall segment with a hedge or row of continuous medium or large shrubbery. (2) Bark dust: Of landscaped area, max 3% may be bark dust, mulch, wood chip, pebbles, or sand. Walkway and plaza paving do not count against landscaping minimums. (3) 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. (4) Plaza: At or within 30 ft of the NE commercial office space and adjacent to a wide walkway shall be a plaza min 81 sq ft, exc. walkway area, at 9 ft narrowest dimension, paved with bricks, concrete pavers, field or flagstone, or poured cement. (5) South yard: Within 100 ft of the Tax Lot 3700 south lot line, plant either for Option 1 min 2 trees or for Option 2 min 5 trees. Of these for Option 2, min 2 large with the westernmost tree being one of the large ones. f. Parking area: (1) Option 1: (a) Convenience store: A landscape island shall be roughly in the middle the parking aisle fronting the convenience store that conform to WDO 3.06.03C through Ordinance No. 2602 (LA 21-01). (b) NE office: Plant a large tree in the southwesterly area of the south yard lawn. (c) South 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 patio west side. (2) Option 2: (a) Convenience store: A landscape island shall cap each end of the parking aisle fronting the convenience store per WDO 3.06.03C through Ordinance No. 2602 (LA 21-01), and the east island may be on the west side of the wide walkway that another condition requires. (b) NE office: The office parking area drive aisle east end shall have the inside of curb min 3 ft from edge of streetside PUE, and the 3-ft width shall have a tree. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 51 of 61 322 CU6. Lighting: a. General: Shall conform to WDO 3.11 through Ordinance No. 2602 (LA 21-01). b. 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. c. Fuel pump canopy: Max 16 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: (1) ceiling light fixtures shall not drop below the ceiling plane, or (2)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. d. Option 1: Max of: (1) Convenience store: 1 wall fixture on the east rear and none on the north side. (2) NE commercial office: 1 wall fixture each on the west front and east rear. (3) South commercial office: 1 wall fixture at the south rear and none at the east and west sides. e. Option 2: Max of: (1) Convenience store: 2 wall fixtures on the south rear, 1 each on the east and west sides. Parking area or other pole fixtures prohibited in the east side, south rear, and west side yards. (2) NE commercial office: 1 wall fixture on the south, 1 each on the east and west sides, and the south yard limited to 2 parking area poles. No other pole types in the north, east, or west yards. CU7: Parking: a. Standard stall length: The developer may set standard size 90°angle stall length at 18 ft instead of 19 per WDO Table 3.05B through Ordinance No. 2602 (LA 21-01). b. EV: Electric vehicle (EV) parking shall be min 1 stall with a charging station and placed near commercial office area. Remaining EV parking standards shall be per WDO 3.05 through Ordinance No. 2602 (LA 21-01). c. Wheelstops/wheel stops: Every angled or 90° parking stall along a wide walkway shall have a wheel stop max 4 inches high. A wheel stop shall not straddle adjacent stalls. If and where the developer opts to install wheel stops where not required, they also shall conform to the height limit. CUB. Walkways: CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 52 of 61 323 a. General: Shall conform with WDO 3.04.06 through Ordinance No. 2602 (LA 21-01). b. Gap: A walkway, min 3.5 ft wide as an exception to part a., shall connect a building perimeter walkway system west to the AW conditioned gap or opening along the west lot line of Tax Lot 3700. c. Convenience store &fuel pump canopy: The three pump islands together shall have one or more walkway crossings to the convenience store main entrance walkway, and as an exception to part (a) above, each min 3 ft wide. For Option 1, minimum 1 crossing; for Option 2, min 2. A walkway crossing may incorporate an ADA parking space accessible aisle. Walkways should be straight, and where needing to jog, should jog at 45° max and at the point where vehicles pass in opposite directions or between vehicle lanes. d. Option 2: At the NE of the convenience store, the wide walkway crossing of drive aisle shall be at or near a right angle to drive aisle. CU9. Access management: These are due by building permit application: a. General: Access management shall conform with WDO 3.02.01E, 3.04.01A.2, and 3.04.03C & D through Ordinance No. 2602 (LA 21-01). Regarding recordation of one or more types of legal instruments and how, the developer shall conform to the conditions in ways that satisfy the County. b. Bicycle/pedestrian: The develop shall grant the public access to walk, cycle, and roll along each wide walkway across Tax Lot 3600 to the benefit of 3700, relating to Oregon Way sidewalk access, and across Tax Lot 3700 to the benefit of 3600, relating to highway sidewalk access. c. Shared parking: If and where one or both of the subject lots lack minimum off-street parking ratio for all land uses on the lot, the developer shall revise site plans to conform to WDO 3.05.02 &Table 3.05A or shall create a shared parking agreement per WDO 3.05.05. This is due by building permit issuance. d. Cross access: (1) Local: To conform to WDO 3.04.03A.3, B.1, B.3 & C.2 and, through Ordinance No. 2602 (LA 21-01), WDO 3.04.03B.3, C.1, C.3, C.4, & D.2, for what is termed any of cross access, ingress/egress, public access, or shared access, the developer shall grant the public access (a) across Tax Lot 3600 to the benefit of 3700, (b) across Tax Lot 3700 to the benefit of 3600, and (c) across Tax Lot 3700 to the benefit of 3800. The cross access shall follow a drive aisle or aisles and align at the common lot line. Regarding (c), the north east-west drive aisle shall stub to somewhere along the northerly 75 ft of the west lot line and at min 20 ft wide, and though the stub shall not be curbed it may be fenced. (2) ODOT factor: (a) The developer shall apply to and obtain from ODOT the proper access rights for both tax lots prior to any construction, so as to not violate the deeds. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 53 of 61 324 (b) For context, see Attachment 102B. The ODOT Region 2 contact is Casey Knecht, P.E., Development Review Coordinator, (503) 986-5170, c:as W , „c, „ „! s,ta,te,,or,,us,. The City interprets "prior to any construction" to mean by issuance of the first structural building permit. Otherwise, City staff are inclined to defer to ODOT interpretation of part (a) above, including whether it is applicable to either Option 1 only or both site plan options. (c) 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. (d) 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 (d) of the condition, he would do so once. CU10. Gas station operations: a. Noise: (1) 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. (2) 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. Based on Ordinance No. 2312, any vacuum shall be closed to customer use min from 9:00 p.m. to 7:00 a.m. b. Trash: There shall be at least one trash receptacle along each of the walkways, at min 1 ft from walkway edge, to and from the highway and Oregon Way sidewalks, within 25 ft CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 54 of 61 325 of ROW, for intended use by convenience store customers, and remaining privately maintained and serviced. c. Vehicular circulation: (1) Driveways: (a) Highway: Max 1 driveway. The driveway shall remain right-in, right-out and be max width equal to the existing 30 ft unless ODOT approves wider up to 36 ft; however, if the developer widens the driveway from the existing 30 ft, then min 12 ft of the width and min depth equal to either the throat or 13.5 ft, whichever is longer, shall be poured concrete. The area of poured concrete that is outside the ROW shall be patterned, stamped, or treated to resemble paving stones and shall be felt by motorists driving over it. (The objective is to calm traffic by preventing fast, swooping maneuvers and to direct vehicles to 24 ft width of asphalt within the driveway throat, while allowing semi-trailer truck turning movement across 36 ft of width.) If the driveway widens, the developer also shall reconstruct the entire driveway to conform to City Public Works standard drawing Detail No. 4,...5 ,4 "Property Line Sidewalk at Driveway", except that if and where a specific conflict arises between City and ODOT public works construction standards, that of ODOT engineering guidance would supersede. (b) Oregon Way: Max 1 driveway, max width 24 ft if two-way or 12 ft if one-way. Option 2: Throat, if two-way, then the inbound lane max 24 ft deep where lane is parallel with the outbound lane. (2) I-5 directional signage: There shall be on Tax Lot 3700 outside of ROW and streetside PUEs directional signage that accomplishes directing on-site motorists bound for I-5, min 2 signs for Option 1 and 3 signs for Option 2, 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. 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. (3) Option 2: fuel pump queueing: (a) General: Fuel pump queues shall be one-way either eastbound in Option 1 or southbound in Option 2. 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. (b) Stacking: (i) Option 1: Of six queues, min 3 shall each fit stacking of min one car west of the fuel pump island. (ii) Option 2: Of six queues, min 2 shall each fit stacking of min two cars north of the fuel pump island, and the remaining 4 shall each fit stacking of min one ca r. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 55 of 61 326 (4) Trucks: Until July 1, 2030, the Public Works Department may administratively regulate time, place, and manner of freight and truck access (ingress/egress) to and from the development and adjacent public streets. This condition shall not be construed to preclude the City past the date from regulating development freight and truck access via ordinances that are applicable generally to properties that happen to include the subject property. CU11. Modification: Because the WDO, including 5.03.01, does not specify how changes to an approved conditional use (CU) and related site improvements might trigger another CU or modification of a CU approval, for Director determination the following serve as criteria and — where noted —as factors: a. Significant expansion of the use(s), factors being an increase in any of: total GFA by 25.0% or more or by an absolute value of 1,825 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 Exception to Street Right-of-Way and Improvement Requirements ("Street Exception"); g. Any proposal necessitating a request to vary from the WDO, that is, a variance; h. Any proposal necessitating a Type III or IV land use application type; and i. City adoption of a unified development ordinance replacing the WDO were to have intervened. Modification of a specific condition of approval remains pursuant to WDO 4.02.07. Were the City to have amended the WDO to establish modification provisions for conditional uses, the Director may decide that the provisions supersede this condition of approval. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 56 of 61 327 Conditional Use 21-02: Transportation T-A: 1. (]R214 & Oregon Way: The developer shall pay afee per Attachment 2O3tofund a transportation study, specifically to investigate in coordination with ODOT(1) corridor signal timing and coordination adjustments and (2) improving safety by reducing vehicle turning orangle crashes. This is due by building permit issuance. [TSP R11 &T|A p. 121 2. Consultant review: The developer shall pay afee for the City torecoup the cost ofits transportation consultant reviewing and advising upon the T|A. 3. |-5interchange with (]R214: Toreduce vehicle crashes, the developer shall pay afee per Attachment 2O3. 4. OR 214 & Evergreen Rd: To mitigate effect onthe intersection and reduce vehicle crashes, the developer shall pay afee per Attachment 2O3. 5. (]R99E & (]R211/214: Tomitigate effect onthe intersection and reduce vehicle crashes, the developer shall pay afee per Attachment 2O3. T-T. Bus transit: Bus stop improvements: To further TDIVI through bus transit, regarding the WTS Oregon Way northbound stop that is adjacent to 966 & 980 Oregon Way, where because ROW and streetside PUEare too narrow relative tothe 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 203. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 57of61 328 Street Exception 21-05 EX1. Frontage/street improvements: Highway: These shall be as follows: a. ROW: If and where there is a deficit, the developer shall dedicate ROW that meets or exceeds the min width necessary to conform to WDO Figure 3.016 "Major Arterial". b. PUE: If minimum width streetside PUE does not yet exist per WDO Figure 3.0113, then the developer shall grant it. Max width shall be 10 ft, unless if and where existing utilities that the developer does not relocate necessitate wider as documented by franchise utilities and the developer. c. Improvements: No min surface improvements other than either elsewhere conditioned or necessary to comply with ODOT engineering guidance or conform to PW direction. The developer shall pay fees in lieu of highway improvements per Attachment 203. EX2. Frontage/street improvements: Oregon Way: These shall be as follows: a. ROW: The developer shall dedicate ROW that meets or exceeds the min width necessary to conform to WDO Figure 3.01E "Access Street" and exceeds that width where necessary to accommodate both the existing northbound left turn lane and required half-street improvements. b. PUE: If minimum width streetside PUE does not yet exist per WDO 3.02.0113, then the developer shall grant it. Max width shall be per WDO 3.02.01F.2 through Ordinance No. 2602 (LA 21-01). c. Improvements: (1) Parking: No 8-ft wide on-street parallel parking lane is required, this being an exception from what Figure 3.01E would have required. The developer shall pay a fee in-lieu per Attachment 203. (2) Landscape strip: Min 6% ft wide inc. curb width and with min 3 street trees with allowance of fee in lieu of 1 tree max. Planting of area remaining after tree planting and irrigation shall be per WDO 3.01.0413 through Ordinance No. 2602 (LA 21-01). (3) Sidewalk: Min 8 ft wide. (4) Overlap: Wider sidewalk shall not narrow the landscape strip. The extra width of planter strip and sidewalk shall either(a) be within additional ROW that accommodates them, or(b) overlap outside ROW into streetside PUE, there being a recorded legal instrument granting public access to the overlap. If(b), 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 building permit application, whichever is earlier. The developer shall submit copies of correctly recorded documents to the Planning Division by building permit issuance. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 58 of 61 329 Applicant Identity Applicant Ronald "Ron"James Ped, Ronald James Ped Architect, PC Applicant's n/a Representative Landowner(s) Lal Din Sidhu ("Don" Sidhu), Woodburn Petroleum LLC 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. 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 ...... . ..::.//. .. .. . .:..:. .:.. . ..:u.. .:..:.. ..::..:::/.p.�.. .::).. .. :. "..[/.>. Use it to check on the status of a recordation request to the County. City staff does not track County plat recordation. 7. Technical standards: a. Context: A reader shall not construe a land use condition of approval that reiterates a City technical standard, such as a PW standard, to exclude remaining standards or to assert that conditions of approval should have reiterated every standard the City has in order for those standards to be met. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 59 of 61 330 b. Utilities: A condition involving altered or additional sidewalk or other frontage/street improvement that would in the field result in displacement or relocation of any of utility boxes, cabinets, vaults, or vault covers does not exempt the developer from having to move or pay to move any of these as directed by the City Engineer and with guidance from franchise utilities. 8. 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. 9. Inspection: The applicant shall construct, install, or plant all improvements, including landscaping, prior to City staff verification. Contact Planning Division staff at least three (3) City business days prior to a desired date of planning and zoning inspection of site improvements. This is required and separate from and in addition to the usual building code and fire and life safety inspections. Note that Planning staff are not primarily inspectors, do not have the nearly immediate availability of building inspectors, and are not bound by any building inspector's schedule or general contractor convenience. 10. Stormwater management: The storm sewer system and any required on-site detention for the development must comply with the City Storm Water Management Plan, Public Works storm water practices and the Storm Drainage Master Plan. 11. Public Works Review: Staff performs final review of the civil plans during the building permit stage. Public infrastructure must be constructed in accordance with plans approved by the City,as well as current I.Public Works construc;,tion s„la�W�:ufucations,M,,,St and ar Drawuun sM S1..g -1d..ard Peta_u_I„s, and general conditions of a permit type issued by the Public Works Department. 12. ROW: a. Dedication: The Public Works Department Engineering Division has document templates for ROW and easement dedications that applicants are to use. ROW — and public utility easement (PUE) —dedications are due prior to building permit issuance per Public Works policy. b. Work: All work within the public ROWs or easements within City jurisdiction must require plan approval and permit issuance from the Public Works Department. All public CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 60 of 61 331 improvements construction work must be performed in accordance with the plans stamped "approved" by the City, and comply with the City's Standard Specifications and Standard drawings. 13. Franchises: The applicant providesforthe installation of all franchised utilities in any required easements. 14. Water: All water mains and appurtenances must comply with Public Works, Building Division, and Woodburn Fire District requirements. Existing water services lines that are not going to be use with this new development must be abandoned at the main line. The City performs required abandonment of existing water facilities at the water main with payment by the property owner. All taps to existing water mains must be done by a "Hot Tap" method and by approved City of Woodburn Contractors. The applicant shall install the proper type of backflow preventer for all domestic, lawn irrigation and fire sprinkler services. The backflow devices and meters shall be located near the city water main within an easement, unless approved otherwise by Public Works. Contact Byron Brooks, City of Woodburn Water Superintendent,for proper type and installation requirements of the backflow device at(503) 982-5380. 15. Grease Interceptor/Trap: If applicable, a grease trap would need to be installed on the sanitary service, either as a central unit or in a communal kitchen/food preparation area. Contact Marion County Plumbing Department for permit and installation requirements, (503) 588-5147. Fire: Fire protection requirements must comply with Woodburn Fire District standards and requirements, including how the District interprets and applies Oregon Fire Code (OFC). Place fire hydrants within the public ROW or public utility easement and construct them in accordance with Public Works Department requirements, specifications, standards, and permit requirements. Fire protection access, fire hydrant locations and fire protection issues must comply with current fire codes and Woodburn Fire District standards. See City of Woodburn Standard Detail No. 5070-2 Fire Vault. The fire vault must be placed within the public right-of- way or public utility easement. 16. SDCs: The developer pays System Development Charges prior to building permit issuance. Staff will determine the water, sewer, storm and parks SDCs after the developer provides a complete Public Works Commercial/Industrial Development information sheet. CU 21-02 US Market Gas Station,etc.Staff Report Attachment 102 Page 61 of 61 332 z¢ � � I �4 IIIIIIIIIIIII � IIIIIIIIIIIIIIIIIIIIIIIIII US MARKET SITE REDESIGN SITE PLAN SUMMARY —111 — PARKING REQ.1-11 SHINA 9 STREET TREES REQ, p,a�510F I—AP R BIKE PARKING REQ. nrrnr ,,,r.IVy,�1 zo DRAWING INDEX o Ai G COVERPAGE 0 3 .� A1.1 PIT PLAIN r A1.2 EXISTING SITE PIAN AND DEMO PIAN A1.3 FIRE ACCESS PLAN i C.1 GRADING PIAN _ G12 ULIIL LY PIAN 8 DETAILS E1 LIGHTING PLAN O �VIQINITY MAP �0 A3 PLANTING AND IRRIGATION PIAN ¢gym A31 BUILDING ELEVATIONS&SECTIONS LID; o LL�lz o a- iN �A1.o �R� o m p nm �„a, ��•••'�`w� � � IIIIIIIIIIIIIII � , � IIIIIIIIIIIIIII GMU WALL DETAIL __ _____-_ HWY 214 � IIIIIIIIIIIIIIIIIIIIIIIII A� B \.'ccrvcwre 'd 9 av nar sreursa�-vreriwvv -- n P1 I I 13 � � � i Ily TL 2800 SII ��• � rtm�J 7F7 g sras ^,I�d I ^ AOXNn.,,�arto a� x=< wmreex x Rm. sl H � e srxwreo srexu rxsw u.mwm soswu.rrers. � * � g� i CG f AL a rauxcDOME DEraL s J TACTILE WARNING re�— � -- � �—E re ” mo PROPOSED u roru Aexoxc s�e�ss, C SORE "'"�^ ssE ero rox sr�elmowx I. ° °s 9 71RMMAAIR FE .£ COV i w, m„ NC1E FAMILY FESIOfMIAL tl 4 c nSITE PLAN ACCESSIBLE RAMP `�"'°' ��BICVCLE PARKING RACK DETAIL �� IL '1 i zea ame o � o IIIIIIIIIIIIIII _® ® _ _ — — — — — — — — — — — — — — IIIIIIIIIIIIIIIIIIIIIIIII HWV 214 R PARKING LOT RU HTING� R i �'-- �,�..,00s:.,�m�,�, � j ✓ __ _ c �f zo k i \ I OFFICE r u \_ Q w , k I II I a � I r mR � mea - �� ❑D e a � I ---- — �I) I o I I m PROPOSED c LIGHTING SCHEDULE C STORE j ' f ",,,,,, �wuuzn uoemcmn �a f i _ El vim, ��.wuan 1 J ,... uo1 m 3 = I ens- n a o I JLu, j w o�Iz :mss �L IG G PLANS Ue�E � SITE SUMMARY w ------ -—-—-—- HWYY 214 � w „w, ,w I I w PROPOSED ORE ' PLANT LISTS 0 ' u�rsa o ��w _ s oM ow � I o Lu LSANDSCAPE PLAN IT, o 1TREE PLANTING u� QwQ z� o P I is � ry III NORTH ELEVATION s, ,ws.sre, re,a ao ,m� a e I m a a a ST ELEVATION n'O WEUTH ELEVATION BEAST ELEVATION o m sew o VIII mom e e MEMI o NORTH ELEVATION i HIE �•1WEST ELEVATION nSOUTH ELEVATION ""°""' EAST ELEVATION Tr .�,�.._m. .....-a. � �yzcxe �� . From: KNECHT Casey < asey.KN ECHT@odot.oreaon.aov> Subject: RE: Woodburn US Market Request for Comments Date: July 19, 2022 at 10:54:10 AM PDT To: Del Huntington < el untingtontra Icsolutlons.co > Cc: Joe Bessman < oe a ransl tconsultln eco > Dei, I wanted to make sure we are on the same page with timelines. The Grant of Access process can take up to a year. Six to nine months is probably more realistic,but some can take a full year. Construction would not be able to start until the ODOT grant committee gives approval. We could issue a construction permit at grant approval prior to recording with the county. Tn talking with the other Region 2 staff, our goal would be for the grant approval to allow both parcels to have unrestricted access to both the existing driveway on OR-214 and the existing driveway on Oregon Way. That would eliminate the need for the one-way configurations in Options 2 and 3. 1 am still trying to set up a meeting with the necessary staff in the statewide office to discuss options. After those discussions we will have a better grasp on what the grant committee will approve (and possibly condition)before having you apply. For the city council discussion tonight, ODOT would support the city approving the proposal with a condition that the applicant obtain all ODOT approvals prior to occupancy(including deed modifications and approach permits). Regarding the cross-access with the Dairy Queen and Dutch Bros, ODOT generally supports connectivity between parcels with the goal of reducing highway access points and taking short-distance trips off the highway. The Dairy Queen and Dutch Bros owners would need to be included in the grant and easement discussions. Expanding the access rights to include an additional parcel would likely be accompanied by a consolidation of highway access points. The overall plan in Option 1 will full connectivity between all of the highway frontage properties would be best accommodated by a single highway access point in the middle of the block. If the Dairy Queen and Dutch Bros owners are interested in the idea we can continue the conversation,but I don't imagine they would be willing to give up their driveway. Thanks, Casey Knecht, P.E. ODOT Region 2 S03-986-5170 il .... .... :lt O111 H JLfly2 , 202 :,U 21...02 AppedI Attadirnent 338 JL ') 0 202`2 GOMMUN'ITY DEV,710PMENT D�f'Af3'f119F.NT Citizens of Woodburn Estates would like to express our concerns with te proposed Gas Station/Convenience Store on 214/Oregon Way. We are concerned about the amount of traffic and disruption this will create on Oregon Way. The in- creased cars and trucks speeding down the street, excessive noise and trash due to 24 hour operation, and the probability of questionable characters hanging around. It will be highly disturbing to our 55+ community. Oregon Way residents and oth- ers use this street for walking and golf carts to get to our clubhouse. Please consider our concerns for our homes and community. NAME ADDRESS r � Cj aL r - IqY ora. �f)eoden lw� I I btl ' J 2, 339 Ht-Utivni-I A.A. 2 0 2022 (*;0,M,%,11UN11Y DEVELOKIENI DEPARPAENT Citizens of Woodburn Estates would like to express our concerns with the proposed Gas Station/Convenience Store on 214/Oregon Way. We are concerned about the amount of traffic and disruption this will create on Oregon Way. The in- creased cars and trucks speeding down the street, excessive noise and trash due to 24 hour operation, and the probability of questionable characters hanging around. It will be highly disturbing to our 55+ community. Oregon Way residents and oth- ers use this street for walking and golf carts to get to our clubhouse. Please consider our concerns for our homes and community. NAME ADDRESS 171 -7 /\. C&�,6z� 7 ��z1 a T c) �06U,A 5141A,4A,O.. Way' W )363 0 q7W r dew -7 '3 4 340 J U L 2 0 2022 COMMUNITY DEVELOPMENT DEPARTMENT Citizens of Woodburn Estates would like to express our concerns with the proposed Gas Station/Convenience Store on 214/Oregon Way. We are concerned about the amount of traffic and disruption this will create on Oregon Way. The in- creased cars and trucks speeding down the street, excessive noise and trash due to 24 hour operation, and the.probability of questionable characters hanging around. It will be highly disturbing to our 55+ community. Oregon Way residents and oth- ers use this street for walking and golf carts to get to our clubhouse. Please consider our concerns for our homes and community. NAME ADDRESS 341 BU � July 25, 2022 TO: Honorable Mayor and City Council (acting in its capacity as the Local Contract Review Board) through City Administrator FROM: Jesse Cuomo, Community Services Director SUBJECT: Legion Park Improvement Project Addition Expenditure Authorization RECOMMENDATION: Authorize staff to expend up to an additional $200,000 on the Legion Park Improvement Project, which was awarded to Hellas Construction on October 25, 2021 in the amount of $4,004,694. With the $300,000 additional expenditure authority approved by the City Council on May 23, 2022, the new authorized expenditure amount totals $4,504,694, which is necessary to cover required change orders and unanticipated contingencies that might arise during the construction process. BACKGROUND: The construction contract that was awarded to Hellas Construction includes the following project elements: Base Bid Items: Removal of the existing grandstands and the design and construction of an artificial turf soccer field, 847 seat bleachers, concrete sidewalks and pads, electrical work, fencing, storage shed, and soccer goals $2,995,372 Alternates: 1 . 2 EA basketball and pickleball courts $498,147 2. Lights for basketball and pickleball courts $130,478 3. Playground surfacing $40,890 4. Bleachers shade structure $128,049 5. Anodized finish - bleachers $13,222 6. Closed deck system - bleachers $75,865 7. Lighting - bleachers $41 ,875 8. Water, power, cat 6 networking cable $48,692 9. Lighting - storage shed $3,440 Agenda Item Review: City Administrator x_ City Attorney_x_ Finance—x- 342 Honorable Mayor and City Council July 25, 2022 Page 2 10 10 l O.Scoreboard $28,664 Original Total Contract Amount $4,004,694 The requested $200,000 in additional expenditure authority and the additional $300,000 approved in May will be utilized to approve change orders on the project that bring the total contract amount to a maximum of $4,504,694. Additionally, through separate contracts, staff will pursue the resurfacing of the existing parking lot, purchasing and installation of park amenities and concession stand rehabilitation. These additional improvements are estimated to cost $500,000, bringing the total project cost up to approximately $5,000,000. DISCUSSION: Construction on the Legion Park Improvement Project is well underway with the demolition of the former stadium, grading and stabilization of the site and the installation of field lighting poles, fencing and concrete flatwork. Per the requirements of Ordinance NO. 2381 , Public Contracting Rules, the Local Contract Review Board (City Council) must approve or disapprove contract awards in excess of $75,000 or change orders or amendments to contracts of more than $75,000. Given the significant size and scope of this project, even relatively modest change orders are likely to exceed the maximum amount that staff can authorize without City Council consent. The City Council's authorization for staff to expend up to an additional $200,000 on project change orders will allow work on the project to proceed without undue delay. FINANCIAL IMPACT: The funding for the $200,000 in increased expenditure authorization will be provided by Parks System Development Charges (SDCs). Adopted proposed FY 22/23 budgets include sufficient Parks SDC funding for this increased contract expenditure authorization. 343 �'I'1�r I Iii♦ r} B V' July 25, 2022 TO: Honorable Mayor and City Council FROM: Scott Derickson, City Administrator McKenzie Granum, Assistant City Attorney SUBJECT: Oregon Psilocybin Service Act (Measure 109) RECOMMENDATION: Accept the Report and take no action; or Alternatively, direct staff to: (i) Prepare appropriate documentation to put the question of whether to ban Psilocybin service centers, the manufacturing of Psilocybin products, and related activities to the voters of the City of Woodburn; (ii) Prepare appropriate documentation to establish a two-year temporary ban on Psilocybin service centers, the manufacturing of Psilocybin products, and related activities and place the temporary ban before the voters of the City of Woodburn; or (iii) Prepare recommendations for Council consideration on reasonable time, place, and manner regulations of psilocybin licensees. BACKGROUND: In November 2020, Oregon voters passed Measure 109, which legalized the medical use of psychedelic mushrooms (psilocybin) in service facilities for purposes that include treatment for those 21 years of age and older suffering from certain ailments, including psychological trauma and addiction. The measure does not include or allow for the retail sale of psilocybin. Statewide, Measure 109 passed by 55.75% (yes) to 44.25% (no). In Marion County, the Measure would have been narrowly rejected with 49.42% (yes) to 50.58% (no). Since the passage of Measure 109, the Oregon Health Authority ("OHA") has been working to produce administrative rules for the regulation and safe use of psilocybin. The rule writing process is still ongoing, with final rules to be adopted Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance_x- 344 Honorable Mayor and City Council July 25, 2022 Page 2 by the end of the year. OHA will then begin accepting applications for licenses on January 2, 2023. Generally, OHA will issue and regulate four license types as part of the implementation of Measure 109: (1 ) Manufacturer License: permitting the cultivation of fungi and manufacturing of psilocybin products (indoor cultivation/within premises that have defined boundaries); (2) Laboratory License: Labs accredited by the Oregon Environmental Laboratory Accreditation Program for testing all psilocybin product prior to sale; (3) Facilitator License: A license for individuals that will complete an OHA approved training program and then supervise sessions where clients consume psilocybin; and (4) Service Center License: The location where psilocybin products will be given to clients for administration sessions (must have defined boundaries and cannot be located in residentially zoned areas or within 1 ,000 feet of a school). OHA Resource Documents regarding Psilocybin Services are included as attachments to this Staff Report. Additional information may also be found on the State's website at: hull s: www„a::ared:: a:aro„d:: a:av a:alna: F'I F'REVEN�IIONWEI....I....NES S F'a.: d:: es (fired:: a::aro ............. .. .............................................................................t..............................t......................r�.................................. .......................r�.................................................................................................................................................................................... .........................t................... ................................. 'siiIIa:ae. ylavaII.!"i.::::. . .r`�71.ces.,a: s. .p................................ A copy of Measure 109 can be found on the Oregon Secretary of State's web a e: hull s: sa:as„a::ared:: a:aro„d::a:av a.: a.: irriiiro f.::�a:ae. e...airrierolls iirr 2020 OW::34IIell„ a.: t p g p............. . ..........................................................� 1..................... ......................................................r�...............................................................................................r�............... .......................................r�.................................................................p.................. DISCUSSION: As part of the implementation of Measure 109, local governments have some general options or considerations to deliberate upon. Generally, these include whether to seek a local prohibition or temporary moratorium on the establishment of psilocybin-related businesses through referral at a state-wide general election. This means that should the City Council want to pursue a prohibition or temporary moratorium of psilocybin-related businesses in Woodburn, it would need to adopt an ordinance reflecting that decision and then refer the matter to the electors of Woodburn for the statewide election on November 8, 2022. If a referred measure to prohibit or temporarily restrict psilocybin-related businesses is not passed by the voters, then the City may not otherwise implement its ordinance. 345 Honorable Mayor and City Council July 25, 2022 Page 3 As noted in the Recommendation included above, the Council generally has four choices it could make at this time: (1 ) Take No Action. The Oregon Health Authority will continue to establish the rulemaking process and implement the program. Psilocybin Service Centers and other Psilocybin uses would be allowed in the City without any regulations except for state regulations. (2) Pursue a Psilocybin Ban. Council may direct the City Attorney to prepare documentation to refer to the voters a ban on Psilocybin Service Centers and the manufacture of Psilocybin products in the City. (3) Pursue a Temporary Moratorium on Psilocybin-Related Businesses. Direct the City Attorney to prepare documentation to refer to the voters a 2-year temporary ban on Psilocybin Service Centers and the manufacture of Psilocybin products in the City. (4) Time, Place, and Manner Regulations. Direct City staff to prepare appropriate "time, place and manner" regulations for Council's consideration. The concern with this option is that we may not be aware of all final Oregon Health Authority's rules till the end of the year when we would need to adopt the local rules by. If the Council wants to move ahead on one of the ballot referral options, it must make that decision through adoption of both a limiting Ordinance along with an appropriate Resolution referring the matter to the ballot no later than August 19, 2022. FINANCIAL IMPACT: Under ORS 475A.534 local governments cannot impose a tax or fee on the manufacturing and sale of psilocybin products, nor a tax or fee on the provision of psilocybin services. Generally applicable fees (e.g. development fees) that are charged to other types of business are not prohibited. ATTACHMENTS: OHA Oregon Psilocybin Services Information Flyer OHA Local Government Partners Webinar Presentation OHA Oregon Psilocybin Services Section, 2021 Public Listening Session Q&A 346 Honorable Mayor and City Council July 25, 2022 Page 4 OHIA Oregon Psilocybin Services Section, Local Government FAQs League of Oregon Cities, Model Psilocybin Ordinance & Ballot Measure 347 PUBLIC HEALTH DIVISION http://Public.Health.Oregon.gov Oregon Psilocybin Services What is psilocybin? What are psilocybin services? Psilocybin is a naturally occurring psychedelic In Oregon, "psilocybin services" refers to compound. It is found in over 200 species of preparation, administration and integration fungi (mushrooms). For centuries Indigenous sessions provided by a licensed facilitator. and Tribal communities around the world have The psilocybin products consumed must be used psilocybin for spiritual, ceremonial and cultivated or produced by a licensed psilocybin other purposes. manufacturer and may only be provided to a Psilocybin services will soon be an option client at a licensed psilocybin service center in Oregon. However, psilocybin is still a during an administration session. Schedule I substance under the Federal psilocybin services will be available to Controlled Substances Act. people age 21 or older and will not require What are the benefits of psilocybin? a prescription or medical referral. People Research suggests psilocybin may help accessing psilocybin services are called "clients". address depression, anxiety, trauma and addiction. Studies have also found it can increase spiritual well-being. To learn more about the research on psilocybin � benefits and risks, see the 2021 Oregon Psilocybin Advisory oard apid Evidence Review. It is available in English and Spanish. The Oregon Psilocybin Services Act The Oregon Psilocybin Services Section Ballot Measure 109 (M109) is also known as The two-year development period for the Oregon Psilocybin Services Act. It was psilocybin services is from January 1, voted into law by Oregonians in November 2021 to December 31, 2022. During this 2020. It is codified in Oregon Revised Statutes time Oregon Psilocybin Services (OPS) is in ORS 475A. M109 directs Oregon Health working with the Oregon Psilocybin Advisory Authority (OHA)to license and regulate Board and rulemaking advisory committees psilocybin products and the provision of (RACs) to make rules for psilocybin products psilocybin services. and services. All rules must be in place by Oregon is the first state in the U.S. to create a December 31, 2022. The section will begin regulatory framework for psilocybin services. taking license applications on Jan. 2, 2023. 348 How client will access psilocybin services 1. Preparation 'OD: The client meets with 8 licensed fn: lit8fO[ ---------- � 8Dp8nnrnMODS�SS' D. T� these � a licensed facilitator must 2. Administration session: The client consumes the product at the service * A training program center and begins their session with a with curriculum licensed facilitator. approved by OPS * An exam 3. Integration session: The client can take administered by part in an optional session to follow up OPS, and with a licensed facilitator and learn about * All other license additional peer support and other resources. requirements. How psilocybin products will get to a service center 1. Psilocybin products are 2. The products are tested 3. The products are cultivated, produced by a licensed testing sold or transferred and/or processed by a laborator . The lab must from a licensed licensed manufacturer. be accredited by the manufacturer to a They are tracked in a Oregon Environmental licensed service product tracking system. Laboratory Accreditation center. This is Program (ORELAP). The tracked in the test results are entered product tracking into the product tracking system. Ith www.oreQon.Qov/Dsilocvbin (][80OO pnihor«hiO Se[ViC8S PUBLIC HEALTH DIVISION Sign up for updates You can get this document in other languages,large print,braille or a format you prefer.Contact:Oregon Psilocybin Services aiS71-341-1713oremail 0HA.Psi|ooyUin@odhaohaumgon.goxWeaccept all relay calls oryou can dial 711. 0HA422O(00/2022) 349 iiinment 111::."airtneirs Welbiinaiir Intiroductibn torhe Oregonegon 111::."sidlocylbiliiSeirVices Act Angib AlHilbee, Sectibn Manager Jesse Sweet, ,,, iiia Jennifer Vidlette, Llicensiing lll::-"iirogiiramiii Gidl Gaiiriirott, iiii ,, „-"iii ii iii iiiegon 111::."sidlocylbi1in SeirVices June '171 2022 e"I a PURI IC H AII..:TH DIVISION Oregon Psslbcylbliin Services 0iregoin IlPsilllocybihiriiii iiii t 'iiii iii Oregon IPsillocybin Services is a new section housed it in the Oregon ISN IIt Authority IPS Ili IHeall'th ID ivi i n' Center -for IHeall'th Protection. rhe OIPS ,team has been designed airoundthiree program air: • IlPollllllcy and IlEngagernent • III,,,,,licensling o li...ocall Government and Ili...aw Enforcement Ili...ii li n position • Coiirnpllllllance program wilIll centeir on heall'th equity, indluding outireach 'topartners n communities n Ir ire to ensuire accessto Irvi ,. PUJRl....IIC HEAl..:1> H DIVISION Oregon PslibcyNn Services ]Jealth i_r,i I J<)I i, 351 Ballllot iii 1 r1he 0iregoiniiii I iiii iii Seirvilces In INovembeir of 2020, Ballllot IMeasuire 109, the Oregon IPsillocybin Services Act was asset by voteirs in Oregon,. ,...rhe Illl t measuire is now codified as GRS 475A heated a Ilicense nd regullatoiry fir m dirk -torr production of psillocybin and facillitation of psillocybin services -torr adullts 21 years of age andIl it and cireatedthe Oregon IPsillocybin Advisory Boardthat makes recommendationsto ISNA M109 does not: • Cireate a consumer m it t -torr psillocybin • II IIS -torr export or import of psillocybin • AlIllow li n t interact with uniregullated markets PUJRl....IIC HEAl..:1> H DIVISION Oregon PslibcyNn Services ]Jealth i_r,i I J<)I i, 352 Liceirise nmryllpes Manufacturer Ill,,,,,license • ulltiv t -fungi and manufactures ill ire products • Cannot cullfivate outdoors • lPiremise rust have defined boundairies • Cannot exceed production quantities estabIlished in irull • Piroducttiracking system requiredtotirack manufacturing, II and tir n f it of psillocybin piroductsto pireven't diversion, ensuire accuirateaccounting, ensuire accuirateirepoirting of labtesting rullt III,,,,,61boratory III,,,,,!license 0 A II II psillocybin products must betested by a Ilicensed IS iri it tII ,. 0 II.....,abs must be accireditedtire n Enviiron m ntll II.....,aboiratoiry Accreditation lPirogiram resting it ullt must be enteiredin the piroduct ,tiracking system PUJRl....IIC HAl..:1> H DIVISION Oregon Pslibcybh Services ]Jealth i_r,i I J<)I 353 Liceirise (coint'd) FacI11111111-ta-tor, Ill,,,,,!license • Supervises sessions ite c1lients consumeill in.. • IMust corms Ilett OIIHA approved -tralliniling prograirnn iti n of Ili nsuir .. • Must t ass exam approved or administered by GHA ServiliceIll,,,,,!license • Cannot be l t it in 1000 feet of a schooll • Must have defined boundaries rirans-feirs psyllocibin piroductsto c1lien't -torr use during administration session PUJRl....IIC HAl..:1> H DIVISION Oregon PslibcyNn Services ]Jealth i_r,i I J<)I i, 354 Psiklllocybihiri Seirvilces IPsillIllocybilln wiIIIIIIII onIlly I ii iii iii 1 years or olIlder in 111111censed servilicesettlings iii iii -trallined and 111111censed facIIIIIIIII-tators., IPsillIllocybilln Servilicesii iii III „ • Pirepairation Session • Administration Session • Integration Session ( ti n ll) Product iiing systeirn requillred -to -track i ufactu rill ng saIlle and -transfer of psillIllocybilln productst • Iliry nt diversion • IE,nsuire accurateaccounting • IE,nsuire accuratereporting of lab ,testing t ullt PUJRl....IIC HAl..:1> H DIVISION Oregon PslibcyNn Services ]Jealth i_r,i I J<)I i, 355 Locall °° IIIIII III III Local iir i ii II ,,,,Out: 0 IIII goveiriniments (clitiles andcounties) imay adolpt oirdilinainces that Ip it Ih ii iif Mainufactuireirs andService nt it Ordinancesimust be t -f nr to f it at the inext geineirall election Local Goveirinmeiiat Time II III ii IlMainineir RegW4flioiins II......ocall goveiriniments imay adolpt reasonable regulations on Ihouirs, location, and operation of liceinses Laind Use ComjjflillbIlklkli ii Applicants -f it Service Center and I in ff f it it liceinses aire irequilired to irequest a II......UCS -firoim fly ii it II II goveiriniment before subimittiling a I ii i Ip Ip II iii fii n PUJRl....IIC HEAl...TH DIVISION Oregon Pslibcybh Services ]Jealth 356 Site Requilireirneiints Servillce • IIS mappingtooll -torr schooll proximity • Cannot be located on publlic Iland; rust have defined boundaries • Cannot be located within a iresidence • Cannot be located in ars airea within city (limits that is zoned excllusivelly -torr iresidentiall use Cannot be located on publlic Iland; rust have defined boundaries Outdoor cullfivation is prohibited 0 Il.....,andlloird must consen'tto use IIS IPS wilIll riot Brack Ilocall 'time p1lacen r ann it ire ull ti n PUJRl....IIC HEAl..:1> H DIVISION Oregon Pslibcybh Services ]Jealth i_r,i I J<)I i, 357 Liceirise aiiI Hicatilloin °°°raxes Lliceiinse aiindII II III Iii tioiin IS 0 II.......license in p p I ii fii n -fees willIll be set ii n irulle II it tlhlls year Oiregoin PslillocybilinServices ii II II be a -f Ip ire it i in -fees imust cover the ii iiflh the n irlk Taxes Service nt its collect a 15% tax oin the II f 1psylloclibilin products payable to it in Department of IReveinue 0 IIII taxes aind -fees airepirolhiblited Pslillocybilin servicesit in f taxed PUJRl....IIC HEAl..:1> H DIVISION Oregon Pslibcybh Services ]Jealth i_r,i I J<)I i, 358 OHA Key ates nn • Novembeir 24, 2021 r ll li irrnli in ry reco imirne indafio ins fro rn OPAB • IE Il it 2021 ub[ic I.....li t in li in linin • Jainuairy 1, oirrnirrnuinlity Ilinterest Survey • IIMay 13, 2022::: Effecfiveate -for Expedited Rulles. • Juine 1 2022::: OHA begliinspili n p ph ca ion -for tmiimiing p ro r im • J in ornim in Ilion -for Reirnaliinliing Rulles • Jllly 2022::: Publhic I.....litinliin linin • Selptembeir RAC -for Reirnaliinliing Rulles • Novembeir I, 1, 2022::: Pub[ic Comment -for Reirnaliinliing Rulles • IE Il it 30, 2022: Effecfiveate -for Reirnaliinliing Rulles • Jin iry 2, 2023::: OHA beginspilin pphca ion -for hiceinsure PUJRl....IIC HEAl..TH DIVISION Oregon Pslibcylbh Services 1� ]Jealt,h 359 T Iri a iiia k Yo u IM, vilsilt ouiiirii : iiiiii e o!] PUJRl....IIC HEALTH H DIIVII IION1jealth OregonPslibcybh Services 360 Im e a [t Oregon Psilocybin Services Section 2021 Public Listening Sessions Summary of Questions and Answers The Oregon Health Authority (OHA) held a series of three virtual public listening sessions in December of 2021. The listening sessions were two hours in length and open to the public. OHA staff compiled questions across the three listening sessions and summarized questions and answers in this document. The listening sessions were recorded and can be found on our,�l ,��u„IISII,fi; ,1.i;...................... ,ii,2fj„ii,�g,�g, Ji,a in ...,f ll: ,l . ,g,f . Input from the public listening sessions will continue to inform program development, educational materials, and community engagement in 2022. uuuuu� m�� IIIIIIP mu ui „ uuuuu uu�m mime "RAC” = Rule Advisory Committee, made up of members of the public who participate in discussions about draft rules during the rulemaking process "May Rules” =The spring rulemaking process will result in the first set of rules being adopted by the end of May "The Board" =The Orr on PsHoc bin Advisor Board "M109" = Ballot Measure 109, the Oregon Psilocybin Services Act * For more definitions of terms used in this document, please refer to Section 5 of the O a ion P, ocyL n ServucesAct QM109 1 361 ilii ppuuuul u llluuuui uu i�ui uuu a uuu�i uu Iluuuuuum Q: When will rules be adopted for Oregon Psilocybin Services? A: OHA will complete two rulemaking sessions in 2022. The first round of rulemaking in February will focus on training programs and products/testing, with rules likely to be adopted by the end of May 2022. The second round of rulemaking in the fall will focus on the remainder of program rules. The final rules will be adopted by December 31, 2022 in time for OHA to begin receiving applications for licensure on January 2, 2023. Q: Will one person be able to hold multiple license types? A: Individuals may hold multiple licenses if they meet the eligibility requirements to apply for licensure and receive approval for licensure. An individual may not hold an interest in more than one manufacturer license or more than five service center licenses. Q: Have there been conversations about creating equitable opportunities for minority business owners to ensure access within the market as the program is built? A: Yes, equitable opportunities for minority business owners have been, and continue to be, discussed. OHA is working to better understand ways to address equity issues within the statutory authorities granted by M109 and within administrative rules. Although OHA is unable to prioritize licensees based on race, OHA is exploring social equity considerations for licensees. Q: Are there any efforts to address conflicts of interest and moderate current committee members' ability to have advanced notice of details before they are made public? A: All committee members are public officials and are responsible for complying with Oregon Government Ethics Law. All advisory board meetings and subcommittee meetings are accessible to the public. Meeting notes and recordings are also available online at: �.ire.g r,ii ,,,,,, „y!i„�„q„ „ ,� ,ii„iii,,,,, , ,y,ii„y,r„!r,” ,,,,,, , , „!r, Q: Is the state planning to allocate any funding to support clinical research to improve the therapy and the use of psychedelic substances as a whole? A: No. Under M109, the funds received from application and licensure fees must cover the costs of Oregon Psilocybin Services operations. There are no additional funding sources to support additional work at this time. 2 362 Q: If rules are counter-productive to a functioning system, how quickly can rule changes be made and what is the process for license holders to submit requests for rule changes? A: The administrative rule making process requires approximately six months from start to finish for each set of rules being adopted. In the case of an emergency, the agency may choose to use a temporary rule making process that is much quicker. OHA will continually evaluate rules for efficacy. uuuuu �� Iulllll �u Q: What are the land use requirements for manufacturing/production? A: M109 requires that the property owner give permission for psilocybin production. Other land use requirements may be established by local governments. Applicants will be required to produce a Land Use Compatibility Statement (LUCS) which demonstrates that the proposed use of the property is consistent with local zoning code. Q: What are the final forms that psilocybin can take, in terms of products? A: We will adopt administrative rules that specify which product forms will be permitted. These rules will be effective in May 2022. Q: What will the laboratories be required to test for? A: This will be addressed in May rules, although additional rulemaking may occur later in 2022. Q: Will there be security requirements for manufacturers and service centers? A: Yes. Exact requirements will be established in rule. Q: Can people grow and use mushrooms for their own personal use? A: M109 does not allow for personal use. M109 creates a regulatory framework for the production of psilocybin and the provision of psilocybin services. 3 363 Q: What are the land use requirements for a service center? A: M109 requires that a service center be at least 1000 ft. from a school and have defined boundaries. Other land use requirements may be established by local governments. Applicants will be required to produce a Land Use Compatibility Statement (LUCS) which demonstrates that the proposed use of the property is consistent with local zoning code. Q: What is considered the boundaries of the center? A: Boundaries and other premises requirements for licensed service centers will be considered during rulemaking later in 2022. Q: What will the criteria be for the Center? interior design, furniture, music system, lighting, bathrooms, etc. A: Premises requirements for licensed service centers will be considered during rulemaking later in 2022. Generally, these rules will focus on requirements that affect public health and safety rather than items such as lighting and design. Q: Can centers have access to the outdoors? A: The board has recommended that service centers have access to the outdoors. Under M109, licensed service centers must have defined boundaries and cannot be located on public land. Specific requirements for service centers premises will be considered during rulemaking later in 2022. Q: Will there be different categories of service centers? A: No. Q: Can the service centers operate ancillary or peripheral services that could offer additional revenue streams and help with financial viability? A: These requirements will be considered during rulemaking in 2022. 4 364 pul�ll ioi IIII II�IIIII ° � i i u mui Vuu li uu uuauui umimui uu�uu�uu ui ui�ui uu"uiiiu ui ui ui uu�ui uuu uui uui a Iluuii uu�ui Q: Will clients need a medical referral to receive psilocybin services in a service center? A: No. M109 specifically states that a client will not be required to be diagnosed with a medical condition to receive psilocybin services. Clients must be 21 years of age or older to access psilocybin services. Q: What is the process by which the client gets the medicine for treatment? A: A client may purchase psilocybin products from a licensed service center for consumption during a facilitated administrative session at that service center. Licensed facilitators will not provide psilocybin products to clients. Q: How will dosage be recommended? Will clients have a chance to voice their preference for dosage? A: Rules specifying dosage requirements will be adopted later in 2022. Clients will have an opportunity to discuss all aspects of their administrative session, including dosage, during their preparation session with a licensed facilitator. Maximum doses may be established in rule. Clients and licensed facilitators will work together to determine dosage. These details will be established in rule. Q: If someone is participating in multiple administration sessions within a small window of time is a separate prep session required for each administration session? A: Yes. M109 requires a preparation session to precede each administration session. Q: Could the client choose to participate in multiple prep sessions before the administration session? What about multiple integration sessions after the administration session? A: Details on the preparation, administration, and integration sessions will be established in rule later this year. Q: Is the board considering micro-dosing sessions? A: The term "microdose" is not used in M109. M109 requires OHA to establish the maximum concentration of psilocybin that is permitted in a single serving of a psilocybin 5 365 product, and the number of servings that are permitted in a psilocybin product package. Details will be established in rule later this year. Q: Will there be a standardized screening tool for harm reduction purposes? A: M109 requires a preparation session for clients with a licensed facilitator. A client intake form is required for this process and will include documentation of risk factors and contraindications, as well as considerations for health and safety. Details will be considered during the rulemaking process. Q: Will sessions be able to be subsidized for those who cannot afford a session? A: M109 does not allow OHA to use funds in this manner. Funds from application and licensure fees must cover the costs for Oregon Psilocybin Services. OHA does not have statutory authority to regulate costs of psilocybin services. Private organizations or licensed service centers and facilitators may choose to offer subsidies for lower income clients. Q: Will groups be allowed? How large? A: The board has recommended that group sessions be permitted. The exact requirements for group sessions will be detailed in administrative rules to be adopted later in 2022. Q: How much will services cost? A: Under M109, OHA cannot control the costs for training or services. The program will set application and license fees in rule and there will be a 15% sales tax on sale of psilocybin products to clients for administration sessions. Licensees and training programs will determine the cost of their services. 6 366 uuuHU of uluuomuu uu Vuu�i uu uu�ui u � uu a uu�ui Q: What are the general requirements of a facilitator training program? A: Training program curriculum must be approved by OHA. Application requirements for training program approval will be established in May rules. Q: What are the requirements of the trainers themselves? A: The requirements will be specified in May rules. Q: When can the facilitator training programs start? A: OHA estimates that staffing and systems will be in place to approve training programs in June of 2022. OHA will not be able to offer retroactive approval for programs operating before that time. Q: There are already a lot of training programs out there... what is transferrable? A: The board has recommended that some transfer of credits be allowed. Rules on transfer of credits will be discussed in the May rulemaking. Q: How does OHA plan to acknowledge traditional and indigenous healers within the training requirements? A: Experience in traditional healing may be considered as transferrable credits depending on what is established in May Rules. Q: Will the training for facilitators include significant material on how to deal with mental health issues or issues related to trauma that arise during session? A: The board has made recommendations on training curriculum, including trauma- informed care, and OHA will be considering these recommendations during May rulemaking. Q: How much will a training program cost? A: Under M109, OHA cannot control the costs for training programs or psilocybin services. The program will set application and license fees in rule, and there will be a 15% sales tax on sale of psilocybin products to clients for administration sessions. Licensees and training programs will determine the cost of their services. 367 luudllllll�iiui�i uui uu�uu iii ui uii�ui lieu i ui uu�ui Q: Is there somewhere I can find information about qualifications (certification, degree, experience, etc.) for preparing to work as a Psilocybin Services Facilitator? A: Every facilitator must complete a training program that is approved by OHA as a condition of being licensed. A high school diploma, or its equivalent, will be required without additional degrees or certifications. Additional qualifications will be discussed during May rulemaking. Q: Does a facilitator have to have a medical license? A: No. Q: Will a facilitator be required to have participated themselves in a psilocybin administration session? A: No. Q: Will there be standardized safety protocols that facilitators will be required to follow? A: Yes. Exact requirements will be established in rule. Q: Are 2 licenses required for a facilitator delivering this service; one for providing psilocybin products and another for the service itself? A: Psilocybin products are provided to clients by a licensed service center for administration sessions that take place at their location. M109 allows a person to hold both a service center and facilitator license, if that is what the licensee chooses to apply fo r. Q: Will the same license apply to both solo and group sessions? Will there be different types of facilitator licenses? A: The board has recommended that there only be one type of facilitator license. OHA will consider this recommendation before adopting May Rules. s 368 Q: Can the psilocybin services be offered within a ceremonial or religious context? A: Yes, if psilocybin services take place at a licensed service center and is otherwise compliant with statute and rule requirements. Q: How will OHA ensure that those who hold traditional knowledge or have experience with natural healing practices are recognized and have equitable access to licensing? A: The board has made recommendations on training curriculum, including history of Indigenous practices, and OHA will be considering these recommendations during May rule making. Experience with traditional healing may be eligible for credit in a training program. For more information, please go to: wore on.govpsiloc l in 9 369 I1,,-r)i[ � � [e ...�� t1; r Sii Oregon Psilocybin Services Local Government - Frequently Asked Questions (FAQ) When must local governments pass a resolution by to refer the matter to the voters in November? Oregon Psilocybin Services is responsible for licensing and regulating the production and sale psilocybin products and services. We cannot offer any guidance on election requirements. This question is better suited for local counsel or Secretary of State. Are you able to provide some insight now as to what future rules will look like? Is there any chance the rules due out by the end of the year might be completed earlier? As directed by M109, theO.re �si.,.o bin Advisory , i , ,i ,, , , ,i „ , will provide their final recommendations on rules by June 30, 2022. OPS will then share the first set of draft rules in early September in time for the Rules Advisory Committee (RAC) meetings. Rules will be further revised based on RAC input, and an updated set of proposed rules will be posted by November 1St, 2022. The public comment period will run from November 1 — November 18, 2022. We are unable to expedite this timeframe. Can local governments still charge generally applicable development application fees, for the LUCS or other development activities? Under ORS 475A.534 local governments cannot impose a tax or fee on the manufacturing and sale of psilocybin products, nor a tax or fee on the provision of psilocybin services. Generally applicable fees that are charged to other types of business are not prohibited. Will the rules address or seek to prevent a customer driving after they've left a facility? The Oregon Psilocybin Advisory Board (OPAB) and it's five subcommittees have been meeting since spring of 2021, and this is a topic that has been discussed in numerous meetings over the past year. The board has made recommendations on client transportation and safety, and these recommendations will be considered during rule making. 1 370 I1,,-r)i[ � � [e alth Will the State be relying on local governments to verify the location requirements included under rules during the LUCS review process or will OHA staff review licenses for conformance with the State required siting requirements when they receive the completed LUCS from the applicant? OPS will verify that applicants satisfy the location requirements contained in ORS 475A. For example, we will ensure that landlords have given consent for manufacturer licenses as required by statute. Local governments will be responsible for verifying that the proposed use is consistent with their zoning code via the LUCS process. Local governments will also be responsible for verifying compliance with local TPM's. Section 27 permits centers to be within 1000 ft (but not less than 500) with OHA approval of a physical/geographic barrier. Can you give specific examples of such barriers? Can cities prevent centers from being established at such a proximity? A barrier under this section is something that prevents access — such as a body of water or an interstate highway. There is a provision for referring a prohibition to the voters. However, is there a specific requirement that local government allow siting of facilities under land use regulations? In other words, if the current land use code would not allow siting, is that not enforceable? Thanks. Oregon Psilocybin Services is not able to offer guidance on this issue. This question is better suited for local counsel. What does the preparation session assess? For example, does it look at other psychiatric medications the individual may be using? We have reached out to Oregon's professional licensing boards to ensure that they are aware of M109 and aware that a number of their licensees are interested in pursuing licensure under M109. This includes the Oregon Medical Board, Oregon State Board of Nursing, Oregon Board of Naturopathic Medicine, Oregon Board of Licensed Professional Counselors and Therapists, Oregon Board of Psychology, Oregon Board of Licensed Social Workers, and others. Many board members and licensed professionals have provided feedback to OHA and have been involved in discussions with the Oregon Psilocybin Advisory Board (OPAB), OPAB subcommittees, Rules Advisory Committees (RACs), Rulemaking Public Hearings, Rulemaking Public Comment Period, and other partner meetings. z 371 I1,,rr)I[ � � [e ...�� t1; r Sii Under M109, a facilitator must complete a psilocybin facilitator training program that has been through OHA curriculum approval. Rules related to training program curriculum have already been adopted and include training on preparation sessions, intake process, and client safety. Facilitators will not be required to hold other professional licenses. There have been discussions among OPAB members regarding available research on potential drug interactions and other client and product safety issues. Those discussions will continue to inform the rulemaking process and will be addressed in some manner within the rules based on available research and recommendations by OPAB members. Once rules are adopted and the program begins, will OHA have dedicated enforcement staff and resources allocated to pursuing violations regarding both production and the service centers? Yes. We will have a compliance team that will inspect facilities and ensure compliance with statue and rule. The compliance program will investigate any complaints or violations. Are you aware of any local jurisdictions in Oregon that have proposed or adopted development code amendments in response to Measure 109? At this time, we do not have a comprehensive understanding of this issue. Can you give an overview of preemption with this new law? Oregon Psilocybin Services is not able to offer guidance on this issue. This question is better suited for local counsel. What does the research/data gathering strategy (both within OHA and in partnership with other learning institutions) look like for the program once its active and how will we be able to access the research? Are you aware of any Oregon-specific research projects in the works in conjunction with this program? OPAB reviewed available scientific and medical information, as directed by M109, and published a "ci_e iii. t ii„ ii c ILii t e ita t u e Re..vi e r, in July 2021 — also translated in Spanish. Research suggests that psilocybin may help reduce depression, anxiety (including end of life anxiety), problematic alcohol and tobacco use, and trauma-related disorders (including PTSD). 3 372 I1,,rr)i[ � � [e ...�� t1; r Sii Tracking the latest research is a collective effort, and we rely on partners to share new research as it becomes available. OPAB is directed to make recommendations to OHA regarding long-term planning and sustainability, to monitor federal laws, and to consider new research as it becomes available. OPAB is comprised of medical, clinical, academic, research professionals, those with expertise in harm reduction, psychedelic research, public health, mental and behavioral health, equity, and lived experience. How long would a client be required to stay at the facility before leaving to ensure that they are not publicly intoxicated or driving intoxicated? These issues have been discussed and will be addressed in rule. We have received recommendations from OPAB and expect rules to address minimum duration, requirements related to transportation, client, and product safety. What impacts, if any, are you aware of that cultivation and processing might have on adjacent properties. Will there be the potential for odors and other impacts? The OPAB consists of mycologists who bring expertise to the Oregon Psilocybin Advisory board (OPAB) and subcommittees. At this time, we are unaware of any odor or impacts to adjacent properties. Fungi is not a plant. It grows very differently. Psilocybin- producing mushrooms do not take the same amount of land, water, energy, and resources as plants such as cannabis. Rules related to psilocybin products have already been adopted. They prohibit the use of manure as a growth medium. The use of solvents is also limited. For example, there will be no butane, and extraction under pressure is also prohibited, so many of the extraction issues present in other industries will likely not be issues here. M109 specifically requires that we set production limits for manufacturing licenses. These limits will be included in rules adopted later this year. Manufacturing facilities will be sized to the market and as directed by M109. Has there been discussion of rules limiting hours of operation? The Oregon Psilocybin Advisory Board (OPAB) has not made any recommendation on this point, so it is still an open point of discussion. Draft rules will come out in early September. We invite people to apply to serve on the RACs —where this will be discussed. Local governments do have the ability to adopt reasonable time, place, and manner (TPM) restrictions. 4 373 I1,,-r)i[ � � [e alth Section 91(3) appears to give an affirmative right to a service center to lawful growers of the fungi. Service centers don't have much for sideboards in the ballot measure. If a grower asserts a right for, say, a service center consisting of a 3-day retreat with food- service and overnight stays, is that presumed to supersede state and/or local land use prohibitions on retreat centers? This is a complex question. As we get further into the rulemaking process, we'd be happy to reconvene with local government partners to discuss more details once they are known. 5 374 �Ouui I f ii � r r�il�tilr r IVu ' I urs✓ � iV v rW 4 I cirl;lo;l„,,„ 375 Cities and counties that desire to prohibit the establishment of psilocybin-related businesses may do so by referral at a statewide general election, meaning an election in November of an even- numbered year. Cities and counties should consult the secretary of state's referral manual and work with the city recorder, elections official, or similar official to determine the procedures necessary to refer an ordinance to the voters. Once the governing body of a city or county adopts an ordinance, its city or county must submit the ordinance to the Oregon Health Authority (OHA). The OHA will then stop registering and licensing the prohibited businesses until the next statewide general election, when the voters will decide whether to approve or reject the ordinance. In other words, the governing body's adoption of an ordinance acts as a moratorium on new psilocybin-related businesses until the election. In addition, it is important to note that once election officials file the referral with the county election office, the ballot measure is certified to the ballot. At that point, the restrictions on public employees engaging in political activity will apply. Consequently, cities should consult the secretary of state's manual Restrictions on Political Campaigning by Public Employees and their city attorney to ensure that public employees are complying with state elections law in their communications about the pending measure. The model ordinances and ballot measures below contain two versions. The first is a permanent ban of psilocybin-related businesses until the ordinance is repealed and the second acts as a two-year moratorium. ............................................................................... This document is not a substitute for legal advice. City and county councils considering prohibiting psilocybin-related activities should not rely solely on this sample. Any city or county council considering any form of regulation of psilocybin should consult with its city or county attorney regarding the advantages, disadvantages, risks and limitations of any given approach. Legal counsel can also assist a city or county in preparing an ordinance that is consistent with local procedures, existing ordinances and charter, and advise on what process is needed to adopt the ordinance. The sample provided is intended to be a starting point, not an end point, for any jurisdiction considering prohibiting psilocybin-related activities. Model Psilocybin Ordinance and Ballot Measure 2 376 ............................................................................... PERMANENT BAN ............................................................................... ORDINANCE NO. AN ORDINANCE DECLARING A BAN ON PSILOCYBIN SERVICE CENTERS AND THE MANUFACTURE OF PSILOCYBIN PRODUCTS WHEREAS, in November 2020, Oregon voters approved Ballot Measure 109, known as the Oregon Psilocybin Service Act (codified at ORS 475A), which allows for the manufacture, delivery and administration of psilocybin at licensed facilities; and WHEREAS, ORS 475A.235 provides that the Oregon Health Authority will regulate the manufacturing, transportation, delivery, sale and purchase of psilocybin products and the provision of psilocybin services in the state; and WHEREAS, the Oregon Health Authority has initiated a rulemaking process to implement the state's psilocybin regulatory program and intends to begin accepting applications for psilocybin-related licenses on January 2, 2023; and WHEREAS, as of June {date}, 2022, the Oregon Health Authority has not completed the rulemaking process for implementing the state's psilocybin regulatory program, and the City of {city} is uncertain how the manufacture, delivery and administration of psilocybin at licensed psilocybin facilities will operate within the city; and WHEREAS, ORS 475A.718 provides that a city council may adopt an ordinance to be referred to the electors of the city prohibiting the establishment of state licensed psilocybin product manufacturers and/or psilocybin service centers in the area subject to the jurisdiction of the city; and WHEREAS, the {city} City Council believes that prohibiting psilocybin product manufacturers and psilocybin service centers within the city's jurisdictional boundaries to enable the adoption of the state's psilocybin licensing and regulatory program and to allow the city to adopt reasonable time, place, and manner regulations on the operation of psilocybin facilities is in the best interest of the health, safety and welfare of the people of{city}; and WHEREAS, the City Council seeks to refer to the voters of{city} the question of whether to establish a ban on state-licensed psilocybin product manufacturers and psilocybin service centers within the city's jurisdictional boundaries. Model Psilocybin Ordinance and Ballot Measure 3 377 Now, therefore, THE CITY OF (CITY) ORDAINS AS FOLLOWS: Section 1. Prohibition. The establishment of psilocybin product manufacturers licensed under ORS 275A.290 and psilocybin service centers licensed under ORS 475A.305 is prohibited in the City of{city}. Section 2. Referral. This ordinance is referred to the electors of the city of{city} for approval at the next statewide general election on November 8, 2022. Section 3. Effective Date. This ordinance takes effect and becomes operative 30 days after the day on which it is approved by a majority of voters. First reading this day of 12022. Second reading and passage by this Council this day of , 2022. Signed by the Mayor this day of , 2022. ATTEST: SIGNED: {NAME}, City Recorder {NAME}, Mayor Model Psilocybin Ordinance and Ballot Measure 4 378 BALLOT TITLE A caption which reasonably identifies the subject of the measure. 10-word limit under ORS 250.035(1)(a) Prohibits psilocybin-related businesses within {city}. [Prohibition sunsets after two years.] QUESTION A question which plainly phrases the chief purpose of the measure so that an affirmative response to the question corresponds to an affirmative vote on the measure. 20-word limit under ORS 250.035(1)(b) Shall {city or county} prohibit {psilocybin-related businesses} in {city or county}? SUMMARY A concise and impartial statement summarizing the measure and its major effect. 175-word limit under ORS 250.035(1)(c) State law allows operation manufacturer, distribution and possession of psilocybin and psilocin. State law provides that a {city or county} council may adopt an ordinance to be referred to the voters to prohibit the establishment of any of those registered or licensed activities. Approval of this measure would prohibit the establishment of {psilocybin project manufacturers} and/or {psilocybin service center operators} within the area {subject to the jurisdiction of the city} or {in the unincorporated area subject to the jurisdiction of the county.} EXPLANATORY STATEMENT An impartial, simple and understandable statement explaining the measure and its effect for use in the county voters' pamphlet. 500-word limit under ORS 251.345 and OAR 165-022-0040(3) Approval of this measure would prohibit the establishment {and operation} of psilocybin-related businesses within the {city or county}. A {city or county} council may adopt an ordinance prohibiting the establishment of psilocybin related businesses within the {city or county}, but the council must refer the ordinance to the voters at a statewide general election. The {CITY or COUNTY} OF {NAME} {city or county} council has adopted an ordinance prohibiting the establishment of psilocybin-related businesses within the {city or county} and, as a result, has referred this measure to the voters. If approved, this measure would prohibit psilocybin-related businesses within the {city or county 1. Model Psilocybin Ordinance and Ballot Measure 5 379 TWO-YEAR MORATORIAM ............................................................................... ORDINANCE NO. AN ORDINANCE DECLARING A TEMPORARY BAN ON PSILOCYBIN SERVICE CENTERS AND THE MANUFACTURE OF PSILOCYBIN PRODUCTS WHEREAS, in November 2020, Oregon voters approved Ballot Measure 109, known as the Oregon Psilocybin Service Act (codified at ORS 475A), which allows for the manufacture, delivery and administration of psilocybin at licensed facilities; and WHEREAS, ORS 475A.235 provides that the Oregon Health Authority will regulate the manufacturing, transportation, delivery, sale and purchase of psilocybin products and the provision of psilocybin services in the state; and WHEREAS, the Oregon Health Authority has initiated a rulemaking process to implement the state's psilocybin regulatory program and intends to begin accepting applications for psilocybin-related licenses on January 2, 2023; and WHEREAS, as of June {date}, 2022, the Oregon Health Authority has not completed the rulemaking process for implementing the state's psilocybin regulatory program, and the City of {city} is uncertain how the manufacture, delivery and administration of psilocybin at licensed psilocybin facilities will operate within the city; and WHEREAS, ORS 475A.718 provides that a city council may adopt an ordinance to be referred to the electors of the city prohibiting the establishment of state licensed psilocybin product manufacturers and/or psilocybin service centers in the area subject to the jurisdiction of the city; and WHEREAS, the {city} City Council believes that prohibiting psilocybin product manufacturers and psilocybin service centers within the city's jurisdictional boundaries to enable the adoption of the state's psilocybin licensing and regulatory program and to allow the city to adopt reasonable time, place, and manner regulations on the operation of psilocybin facilities is in the best interest of the health, safety and welfare of the people of{city}; and WHEREAS, the City Council seeks to refer to the voters of{city} the question of whether to establish a two-year temporary ban on state-licensed psilocybin product manufacturers and psilocybin service centers within the city's jurisdictional boundaries. Now, therefore, THE CITY OF (CITY) ORDAINS AS FOLLOWS: Section 1. Prohibition. Model Psilocybin Ordinance and Ballot Measure 6 380 The establishment of psilocybin product manufacturers licensed under ORS 275A.290 and psilocybin service centers licensed under ORS 475A.305 is prohibited in the city of{city}. Section 2. Referral. This ordinance is referred to the electors of the city of{city} for approval at the next statewide general election on November 8, 2022. Section 3. Effective Date. This ordinance takes effect and becomes operative 30 days after the day on which it is approved by a majority of voters. Section 4. Sunset. This ordinance is repealed on December 31, 2024. First reading this day of 12022. Second reading and passage by this Council this day of , 2022. Signed by the Mayor this day of , 2022. ATTEST: SIGNED: {NAME}, City Recorder {NAME}, Mayor Model Psilocybin Ordinance and Ballot Measure 7 381 BALLOT TITLE A caption which reasonably identifies the subject of the measure. 10-word limit under ORS 250.035(1)(a) Prohibits psilocybin-related businesses within {city}. [Prohibition sunsets after two years.] QUESTION A question which plainly phrases the chief purpose of the measure so that an affirmative response to the question corresponds to an affirmative vote on the measure. 20-word limit under ORS 250.035(1)(b) Shall {city or county} prohibit {psilocybin-related businesses} in {city or county}? SUMMARY A concise and impartial statement summarizing the measure and its major effect. 175-word limit under ORS 250.035(1)(c) State law allows operation manufacturer, distribution and possession of psilocybin and psilocin. State law provides that a {city or county} council may adopt an ordinance to be referred to the voters to prohibit the establishment of any of those registered or licensed activities. Approval of this measure would prohibit the establishment of {psilocybin project manufacturers} and/or {psilocybin service center operators} within the area {subject to the jurisdiction of the city} or {in the unincorporated area subject to the jurisdiction of the county.} EXPLANATORY STATEMENT An impartial, simple and understandable statement explaining the measure and its effect for use in the county voters' pamphlet. 500-word limit under ORS 251.345 and OAR 165-022-0040(3) Approval of this measure would prohibit the establishment {and operation} of psilocybin-related businesses within the {city or county}. A {city or county} council may adopt an ordinance prohibiting the establishment of psilocybin related businesses within the {city or county}, but the council must refer the ordinance to the voters at a statewide general election. The {CITY or COUNTY} OF {NAME} {city or county} council has adopted an ordinance prohibiting the establishment of psilocybin-related businesses within the {city or county} and, as a result, has referred this measure to the voters. If approved, this measure would prohibit psilocybin-related businesses within the {city or county} until December 31, 2024. Model Psilocybin Ordinance and Ballot Measure 8 382 Citizens of Woodburn Estates would like to express our concerns with the proposed Lias Station/Convenience Store on 214/Oregon Way. We are concerned about the amount of traffic and disruption this will create on Oregon Way. The in- creased cars and trucks speeding down the street, excessive noise and trash due to 24 hour operation, and the probability of questionable characters hanging around. It will be highly disturbing to our 55+ community. Oregon Way residents and oth- ers use this street for walking and golf carts to get to our clubhouse. Please consider our concerns for our homes and community. NAME ADDRESS r ° 7 '7 3 A-14 d r 7 4 '- . OMMUNIT`(DEVELOPMENT ---- --9FPARTIMENT- NOW 116 1-0 N 1'�,l David J.Petersen 1-0 david.petersen@tonkon.com Admitted to Practice in Oregon and California 503.802.2054 direct 503.221.1440 main July 25, 2022 VIA E-MAIL -.chris.kerr@ci.woodburn.or.us. colin.cortes@ci.woodburn.or.us; Cassandra.martinez@ci.woodburn.or.us Woodburn City Council RECEIVED c/o Chris Kerr, Community Development Director 270 Montgomery Street r Woodburn, OR 97071 JUL 2 0 2022 COMMUNITY DEVELOPMENT Re: Woodburn Fast Sery Inc. and LB Group, LLC DEPARTMENT 2540-2600 Newberg Highway, Woodburn, OR City File No. CU 21-02 Planning Commission Final Order dated June 9, 2022 (the "Order") Dear City Council: On behalf of our clients Woodburn Fast Sery Inc. and LB Group, LLC, we submit this written testimony and argument in support of our clients' appeal regarding the above-referenced Order of the Woodburn Planning Commission. The Council is scheduled to hear the appeal July 25, 2022 at 7:00 p.m. 1. The Order does not make any findings with respect to the applicable approval criteria. To approve the application, the Planning Commission must make findings that "(I) identify the relevant approval standards, (2) set out the facts which are believed and relied upon, and (3) explain how those facts lead to the decision on compliance with the approval standards." Mountain, Gate Hoiiteounzers AssociatiO71 U. WO,ShlllgtO71 C011,7tty, 34 Or LUBA 169, 173 (1998); see also ORS 227.173(3). Nowhere does the Order make any findings, nor does it incorporate any findings in any other document or attachment. Thus, the Order is defective and cannot be upheld. 2. Staff s draft findings and conditions are inadequate with respect to numerous approval criteria and, in some cases, affirmatively find that approval criteria are not met. City staff prepared draft findings for the Planning Commission's consideration in its June 2, 2022 staff report. As noted above, none of these findings were adopted by the Planning Commission, either expressly or by reference. Accordingly there is FISC I .D City of Woodburn City Council July 25, 2022 jUj Page 2 COMMUNITY DEVELOPNIENT DEPARTMENT no basis to conclude that staffs draft findings are the Planning Commission's final findings, but even if that assumption is made, the findings are inadequate. Specifically, the attached chart lists no less than 17 draft findings and conditions that would be inadequate if adopted by the Planning Commission without change. These findings and conditions fail for numerous reasons and sometimes multiple reasons. First, in at least four cases, staffs draft findings expressly conclude that applicable approval criteria are not met (see attached chart with respect to WDO1 3.05.02, 3.05.02(J), 3.05.05 and 5.03.01(B)(2)). The Commission has not changed these draft findings, so if these are the final findings of the Commission then the application must be denied for failure to meet all the applicable criteria. Second, conditions of approval are not findings, and cannot substitute for a determination of compliance with applicable approval criteria. Instead, a decision must find that compliance with the criteria is feasible, which means that "substantial evidence supports findings that solutions to certain problems ... are possible, likely and reasonably certain to succeed." Meyer v. City of Portland, 67 Or App 274 fn. 5 (1984), rev den 297 Or 82 (1984). Once those findings are made, conditions may then be imposed to evaluate the details of how to achieve compliance and to select the precise solution. Id. Here, many of staffs draft findings do not come close to this standard. Instead, they cite no evidence whatsoever supporting the conclusion that the criterion is met, and merely refer to a proposed condition of approval. Several times the draft findings do not even make a conclusory statement of compliance and only refer to a proposed condition. And in some cases, it is not even clear if staff proposes a condition, stating only that it "might apply a condition" or "might apply public works standards." Findings like these are inadequate. Findings may not be conclusory and instead must be written "to establish the factual and legal basis for the particular conclusions drawn," none of which has occurred here. Thormalen v. City of Ashland, 20 Or LUBA 218, 229 (1990). Decisions based on findings that offer no factual support for the conclusions reached are inadequate and will lead to a remand from LUBA. Middleton v. Josephine County, 31 Or LUBA 423, 433 (1996). Third, in many cases the draft findings and conditions are hopelessly vague as to the solution or improperly defer the determination of compliance to administrative staff. For example, see condition D3 which merely states that "[t]o conform to WDO 3.05.02J, during building permit review the Director may administratively establish details, specifications, and revisions to administer the WDO section." 1 Woodburn Development Ordinance. 0010ra; f City of Woodburn City Council RECEIVED July 25, 2022 Page 3 JLh.. 25 202°) COMMUNITY OEVLLOPMEN-1 OEPARFMENT This gives the Commission and the public absolutely no insight into how unspecified "details, specifications and revisions" might possibly insure that WDO 3.05.02J is met. The Director's obligation is not even mandatory, as he or she only "may" establish standards. See also conditions CU9(d)(2)(c) and (d) which purport to give the Director administrative authority to make unspecified changes to the project if needed to address an ODOT objection in the future. Other, similar errors are identified in the attached chart. Findings and conditions that defer a determination of compliance to a later process are not always suspect, but that later process must provide for public notice and a hearing. Rhyne v. Multnomah County, 23 Or LUBA 442, 447 (1992). In this case, however, several conditions shift discretionary decisions to administrative personnel without notice and a hearing in violation of the requirements of Goal 1, state law and the WDO. See WDO 4.01.06.A, which states that "[a]ll conditions of approval shall be clear and objective or if the condition requires discretion shall provide for a subsequent opportunity for a public hearing" (emphasis added), and WDO 4.02.07 which requires that any request to subsequently modify a condition of approval must be considered pursuant to the procedures and standards that applied to the original application (i.e., notice and a public hearing). The conditions proposed by staff and adopted by the Commission fail to meet these requirements of the City's own code. Because many of staff s draft findings and conditions fail to meet the standards required by law, they are insufficient to support the decision even if they are understood to be the final findings of the Commission. The Order must therefore be reversed and the application denied. 3. Staffs analysis in support of the grant of exceptions to street right of way and improvement requirements is illogical, unresponsive to the applicable criteria and not supported by substantial evidence in the record. The June 2 staff report also contains draft findings with respect to the requested exceptions to street right of way and improvement requirements. As with other findings, these have not been adopted by the Planning Commission, but even if they had been, the draft findings would be inadequate. The applicant seeks two exceptions to street improvement requirements. First, it requests an exception to not reconstruct both frontages with a landscape strip between the sidewalk and the street. Currently, the sidewalks directly abut the streets. It is well known that a landscape strip between street and sidewalk is a safety improvement, to create a buffer between persons on the sidewalk and traffic Rl RECEIVED City of Woodburn City Council July 25, 2022 J U L 2 "J, 2022 Page 4 COMMUNITY Df_VELOPIIENT DEPARTMENT in the street. Staff, however, takes the position that because the current situation is unsafe, very few people use the sidewalk, and with few people using the sidewalk a landscape strip is not justified. This is just backwards analysis — the point of the landscape strip is to improve safety and thereby encourage increased use of the sidewalk. Existing unsafe conditions that discourage use do not justify the continuation of those unsafe conditions due to lack of use. Second, the applicant requests an exception from on-street parking requirements on Oregon Way, which staff justifies by "assuming" what half-street improvements the developer will build based on what ODOT "typically asks" for. This is not analysis of criteria based on evidence in the record. It is straight-up speculation about what might happen based on things that might be required, or might not. Furthermore, none of this analysis is responsive to the actual approval criteria in WDO 5.03.03.B. Those criteria, in summary, require an evaluation of the quantitative use of public improvements by persons visiting the proposed development, and the resulting need for further public improvements. In other words, if the nature of the development is that its users will not make much use of certain public improvements, then it is perhaps justifiable to grant an exception to those public improvement standards. Nothing in staff's analysis evaluates these issues. In fact, the evidence in the record shows that persons visiting this project will make rather significant use of the public improvements for which exceptions are sought (particularly parking), so granting the requested exceptions is in fact not justified. As with the findings for other criteria, the findings in response to the exception requests do not adequately address the applicable criteria or provide any evaluation of the evidence in support of the findings, and are therefore inadequate. For this additional reason, the Order should be reversed and the application denied. In summary, the staff report punts on many of the required findings and merely recommends conditions of approval requiring the applicant to satisfy the criteria later. In essence, many proposed findings do little more than restate the criteria and improperly transfer the obligation to evaluate the project and make a decision from the Planning Commission (and its associated public process) to later administrative processes shielded from public review. And in a few cases, staff actually found that applicable criteria were not met and just assumed that the proposal could be corrected later. Given that the applicant has not carried its burden of proof to show that all the applicable approval criteria are met, the Council should reverse the Order, make its own findings that the approval criteria are not met and deny the application. 7! City of Woodburn City Council July 25, 2022 Page 5 Additional testimony will be provided at the appeal hearing from Appellants' traffic consultant regarding the additional grounds for appeal related to traffic issues. Please enter this letter and attachment into the record on appeal. Thank you. Best regards, J. l David J. Petersen DJP/rkb Attachment cc (via e-mail, w/attach): Robert J. Barman Garry L. LaPoint Wayne K. Kittelson Danny Draper Lindsay Willson IECEIV ED .AUL 202 COii%11QEPNRf�ENip%'I-NI 042947\0000l U 3835145v 1 Criteria or Conditions Defect WDO 2.06.02; WDO 3.06.06; WDO 5.01.03 Vague and conclusory; no citation to evidence; improper deferral to a condition Vague; no citation to evidence; lack of a conclusion (the city"might" apply WDO 3.02.03 standards) WDO 3.02.04 Vague and conclusory; no citation to evidence; improper deferral to a condition WDO 3.04.03 Vague and conclusory; no citation to evidence; improper deferral to a condition Staff expressly finds that the development does not meet the criteria;fails to WDO 3.05.02 explain how a condition will result in compliance Staff expressly finds that development does not meet the criteria; improperly defers WDO 3.05.02(J) revision of site plan to later administrative process Staff expressly finds that the development does not meet the criteria;fails to explain how a condition will result in compliance; improperly defers determination WDO 3.05.05;Table 3.05A of compliance to later administrative review WDO 3.06.05(A);Table 3.06D Vague and conclusory; no citation to evidence; improper deferral to a condition WDO 3.06.05(6) Vague and conclusory; no citation to evidence; improper deferral to a condition WDO 3.06.06 Vague and conclusory; no citation to evidence; improper deferral to a condition Vague; lack of a conclusion (it is "unclear" if the architectural design guidelines have WDO 3.07.01A; WDO 3.07.06 been followed); improper deferral to a condition WDO 5.03.01(6)(2) Staff expressly finds that the development does not meet all the criteria Staff report discloses that the Public Works Department de facto approves all development, improperly deferring consideration of applicable public works criteria to later administrative processes without public review;staff also relies on two statutes expressly inapplicable to this application (ORS 197.522 and 227.185)to put WDO 5.03.05(6)(3) a thumb on the scale in favor of approval Improper deferral; Director"may" establish further specifications or revisions during building permit review; no process for public review of proposed future Condition D3; WDO 3.05.02(J) modifications Condition CU9(a); WDO 3.02.01(E); WDO 3.04.01(A)(2);WDO 3.04.03(C- Vague; no citation to evidence; lack of a conclusion and improper deferral D) ("developer shall conform to the conditions in ways that satisfy the county") Vague; no citation to evidence; lack of a conclusion (the develeoper"may" request Condition CU%d)(2)(c-d); WDO and the Director"may" approve); imrpoper deferral to a later administrative 4.02.05; WDO 4.02.07 process; no process for public review of proposed future modifications Improper deferral; Director"may" establish further specifications or revisions during building permit review; no process for public review of proposed future Condition CU10(3)(b) modifications R C E IVE' L. C;Oim,MUN DCVELUIi PIEN II 042947\00001\13805074x2 CITY OF WOODBURN PUBLIC HEARING TESTIMONY SHEET Members of the public wishing to comment during the public hearing must complete and submit this sheet to the City Recorder prior to commencing that portion of the Council's agenda. Comment time will be limited to 3 minutes. NAME: PHONE#: -7k ADDRESS: 3/0 L v� AGENDA DATE: PUBLIC HEARING ITEM#: f l/ In Favor: Agains : Neutral: ❑ Request tb Speak Request Stan jn You will receive notice of the final decision and will reserve your right to appeal CITY OF WOODBURN PUBLIC HEARING TESTIMONY SHEET Members of the public wishing to comment during the public hearing must complete and submit this sheet to the City Recorder prior to commencing that portion of the Council's agenda. Comment time will be limited to 3 minutes. NAME: z ill,L't PHONE 174" m /4/ 4/r, ADDRESS: 42, ry AGENDA DATE: PUBLIC HEARING ITEM In Favor: ❑ Agains Neutral: Reguest to Speak Reguest Standinq* F-1 4A 0i *You will receive notice of the final decision and will reserve your right to appeal CITY OF WOODBURN PUBLIC HEARING TESTIMONY SHEET Members of the public wishing to comment during the public hearing must complete and submit this sheet to the City Recorder prior to commencing that portion of the Council's agenda. Comment time will be limited to 3 minutes. AME: PHONE#:,5k N ADDRESS: AGENDA DATE: PUBLIC HEARING ITEM#: In Favor: Agains Neutral: F-1 Request to Sl2eak Request Standing*. X7 You will receive notice �f the final decision and will reserve your right to appeal CITY OF WOODBURN PUBLIC HEARING TESTIMONY SHEET Members of the p.ublic wishing to comment during the public hearing must complete and submit this sheet to the City Recorder Paor to commencing that portion of the Council's agenda. Comment time will be limited to 3 minutes.T� NAME: PHONE#: Vubj , ADDRESS: AG ®A DATE: PUBLIC HEARING ITEM#: In F Agains Neutral: Request Standing* Re nest to Speak 0 receive notice of the final decision and will reserve your right to appeal CITY OF WOODBURN PUBLIC HEARING TESTIMONY SHEET Members of t ublic wishing to comment during the public hearing must complete and submit this sheet to the City Reco, r p r to commend. that portion of the Council's agenda. Comment time will be limited to 3 minutes. NAME: ADDRESS: 77— AGENDA TE PUBLIc HEARING ITEM n Favor: F7 Agains Neutral: h r0te pr' ec/ s. DA D Reguest tolSpeak Reguest Standing* El 5� You will receive notice of the final decision and will reserve your right to appeal CITY OF WOODBURN PUBLIC HEARING TESTIMONY SHEET Le'r's of the public wishing to comment during the public hearing must complete and submit this sheet to the City Recorder prior to commencing that portion of the Council's agenda. Comment time will be limited to 3 minutes. NAME: PHONE#: ADDRESS: n '��U Z,_2 AG A DATE: 7-9,5' PUBLIc HEARING ITEM G A L In Favor: Against: Neutral: Request to Speak Reguest Standing* You will receive notice of the final decision and will reserve your right to appeal CITY OF WOODBURN PUBLIC HEARING TESTIMONY SHEET Members of the public wishing to comment during the public hearing must complete and submit this sheet to the City Recorder prior to commencing that portion of the Council's agenda. Comment time will be limited to 3 minutes. NAME: PHONE r )V\ I e5' ADDRESS: C7 AGENDA DATE: PUBLIc HEARING ITEM : � / In Favor: ❑ Agains Neutral: Request to Speak Request Standing* ri / F-1 You will receive notice of the final decision and will reserve your right to appeal CITY OF WOODBURN PUBLIC HEARING TESTIMONY SHEET Members of the public wishing to comment during the public hearing must complete and submit this sheet to the City Recorder prior to commencing that portion of the Council's agenda. Comment time will be limited to 3 minutes. NAME: PHONE#: z�o ADDRESS' _q�� AGENDA DATE: PUBLIC HEARING ITEM#: In Favor: ❑ Agains Neutral: Request to Speak Request Standing 5� 7 will receive notice of the final decision and will reserve your right to appeal CITY OF WOODBURN PUBLIC HEARING TESTIMONY SHEET Members of the public wishing to comment during the public hearing must complete and submit this sheet to the City Recorder prior to commencing that portion of the Council's agenda. Comment time will be limited to 3 minutes. NAME: '.11Vw I r;jllr� PHONE ADDRESS: I --;r— --) AGENDA DATE: 6 PUBLIC HEARING ITEM In vor: F-1AgainsYNeutral: ❑ 1 4� Request to Speak Request StandjM! F-1 ceive notice of the final decision and will reserve your right to appeal