The URL can be used to link to this page

Ord. 2630 - Annexing Brown Street property at 1025 Brown Street COUNCIL BILL NO. 3258 ORDINANCE NO. 2630 AN ORDINANCE ANNEXING APPROXIMATELY 1.43 ACRES OF TERRITORY KNOWN AS THE BROWN STREET PROPERTY AT 1025 BROWN STREET, MARION COUNTY, OREGON WHEREAS, the subject property is owned by Stafford Homes & Land, LLC, of which the authorized representatives are Bryan Cavaness, Land Development Manager (and general counsel) and Maxwell Root, Assistant Project Manager, and is legally described in Exhibit "A1" and mapped in Exhibit "A2", which are affixed hereto and by this reference incorporated herein; and WHEREAS, the subject property is composed of Marion County Tax Lot 051 W 18C001200; and WHEREAS, consistent with Oregon Revised Statutes (ORS) 222.1 1 1 (2) the owner of real property in the territory to be annexed initiated by petition a proposal for annexation, a copy of the petition being on file with the City Recorder (ANX 24-01 ); and WHEREAS, the applicant, Stafford Homes & Land, LLC, of which the agent is Gordon Root, and the applicant's representatives, Bryan Cavaness, Land Development Manager (and general counsel) and Maxwell Root, Assistant Project Manager, obtained written consent from the owners of the territory and have requested annexation of the subject property; and WHEREAS, the property to be annexed is within the City Urban Growth Boundary (UGB); and WHEREAS, the property to be annexed is contiguous to the City and can be served with City services; and WHEREAS, the applicant submitted no development review applications consolidated with the annexation application, there being no land development proposed; and WHEREAS, on June 13, 2024 the Woodburn Planning Commission considered the annexation application and, after a duly advertised public hearing, recommended approval of the annexation; and Page - 1 - Council Bill No. 3258 Ordinance No. 2630 WHEREAS, on July 22, 2024, the Woodburn City Council held a public hearing, reviewed the record, heard all public testimony presented on said application, and upon deliberation concluded that the proposed annexation meets the applicable approval criteria under City of Woodburn Development Ordinance (WDO) 5.04.01 C; and WHEREAS, the Council tentatively approved the annexation with Condition ANX-1 requiring an annexation agreement addressing public improvements; and WHEREAS, the condition specifies that the first option for the effective date is that the Council adopts the annexation ordinance and accepts the Agreement with the effective date the same as the annexation ordinance effective date; and WHEREAS, the second option for the effective date is that the Council adopts the annexation ordinance with the effective date conditioned to be the date that the City Administrator signs the Agreement that the applicant had signed, and that until this happens, the City holds in abeyance agency notices of ordinance adoption; and WHEREAS, Agreement section 6 states that the City may record a duly executed copy of the Agreement, and any amendments thereto, in the real property records of Marion County; and WHEREAS, the City of Woodburn has determined it necessary, expedient, and in the best interest of the City to acquire jurisdiction over the Marion County road identified as Brown Street, to the extent that road is annexed within the boundary of the Woodburn City limits per this Ordinance, to the same extent that the City has jurisdiction over other public streets and alleys within the City; and the City, through this Ordinance, formally requests surrender of jurisdiction by Marion County over the road identified in Exhibits "B1 " & "B2"; and WHEREAS, per the Woodburn City Charter, Section 34, an ordinance enacted by the Council shall take effect on the thirtieth day after its enactment, unless the Council species a later date; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the subject property, legally described in Exhibits "Al" & "B1 " and mapped in Exhibits "A2" & "B2", is annexed to the City of Woodburn. Page - 2 - Council Bill No. 3258 Ordinance No. 2630 Section 2. The City hereby requests that the Commissioners of Marion County, Oregon, transfer jurisdiction to the City of Woodburn for the County road, identified as Brown Street, located within the area that has been annexed into the City of Woodburn per the attached Exhibits "Bl " & "B2". Section 3. That the City Council adopts the Analysis & Findings, affixed hereto as Exhibit "C" and by this reference incorporated herein. Section 4. The annexation of the subject property is conditioned upon the applicant fulfilling the Condition ANX-1 , attached as Exhibit "Y, and shall be effective upon the parties' execution of the contemplated annexation agreement and the recording of such instrument. The City Administrator is hereby authorized to sign such agreement. Zr /1112 ,1� 2 Approved as to form: _ City AttOKey Date Approved: Frank Lonergaayor Passed by the Council A-W U-S+ U Submitted to the Mayor us+ 139 .20,9q Approved by the Mayor "54- /5. 2-0Z-L/ Filed in the Offi e of the Recorder AW40S 19, -40,L14 U ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page - 3 - Council Bill No. 3258 Ordinance No. 2630 KLS Surveying Inc. 1224 Alder Street Phone: (503) 429-6115 Vernonia, OR 97064 Fax: (866) 297-1402 Email: doncklssurveyin ,com 1. Exhibit A-1 A portion of that tract of land conveyed to Stafford Homes & Land, LLC by deed recorded as Instrument No. 2022-00033414, Marion County Deed Records lying in the Southwest quarter of Section 18, Township 5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon being more particularly described as follows: • Beginning at the Southeast corner of Tract A, Bridlewood Estates, Marion County Survey Records; • thence North 89050'12" East along the North line of Boones Crossing Phase 1 & 2, 311.08 feet to the Easterly right of way line of Brown Street; • thence the following four courses along said right line, North 1004'58" West 68.55 feet; • thence 87.11 feet along the arc of a curve to the right having a radius of 280.00 feet and a central angle of 17049'27" and a chord of which bears North 7049'45" East and a long chord of 86.75 feet; • thence 68.44 feet along the arc of a curve to the left having a radius of 220.00 feet and a central angle of 17049'27" and a chord of which bears North 7049'45" East and a long chord of 68.16 feet; • thence North 1004'58" West 167.30 feet to the Northeasterly corner of Lot 32, Bridlewood Estates, Marion County Survey Records; • thence leaving said right of way line South 40001'44" West along the East line of said Bridlewood Estates 509.54 feet to the point of beginning. Containing 1.42 acres more or less. The basis of bearings for this description is from County Survey No. 39398. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JANUARY 19, 1993 DONALD 2 WALLACE,JR RENEWS 6/30/24 Printed 3/22/2023 3:51:00 PM L:\2022\22-3030ocuments\22-303 LEGALS.docx Page 1 of 1 ANNEXATION FOR STAFFORD HOMES AND LAND IN THE SW 1 /4 OF SECTION 18, T5S, R1W, W.M., B�I'o MARION COUNTY, OREGON L�woo dL Exhibit A-2 LOT 32 0 c+� N E� LOT 27 3 1 0 80' z .Q o 80 Ft/In '1�O LOT 26 0 DWG NO. ANNEX EXHIBIT �i z m JOB NO. 22-303 3-22-2023 LOT 25 �� D=1749'27" 'N R=220.00' oOti A=68.44' a� CH=N 0749'46" E LC=68.16' STAFFORD HOME D=17°49'27" R=280.00' TRACT A 8a LAND, LLC A=87.11' DOCUMENT NO. CH=N 07°49'46" E 2022-00033414 LC=86.75' P.O.B. \ 01°04'58" W 68.55' ` N 89-50'15" E 311.08' TRACT B LOT 62 LOT 63 LOT 64 LOT 65 g00NES CROSSINCt $00NE5 CRO.SSINCI PHASE 2 REGISTERED "" PROFESSIONAL LAND SURVEYOR OREON JANUARY 19, 1993 DONALD D WALLACE,JR K.L.S. SURVEYING INC. 2601 1224 ALDER STREET RENEWS 6/30/24 VERNONIA, OREGON 97064 (503)429-6115 Traverse PC KLS Surveying Inc. 1224 Alder Street Phone: (503) 429-6115 Vernonia, OR 97064 Fax (866) 297-1402 Email doti(�, lc:lssi_GrveyiLio.cotn L Exhibit B-1 A tract of land lying in the Southwest quarter of Section 18, Township 5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon being more particularly described as follows: • Beginning at the Southeast corner of that tract of land conveyed to Stafford Homes & Land, LLC in Document No. 2022-00033414, Marion County Deed Records, said point being on the West right of way line of Brown Street; • thence the following four courses along said West right of way line, North 01 004'58" West 68.55 feet; • thence 87.11 feet along the arc of a curve to the right having a radius of 280.00 feet with a central angle of 17049'27" having a chord of which bears North 7049'46" East with a long chord of 86.75 feet; • thence 68.44 feet along the arc of a curve to the left having a radius of 220.00 feet with a central angle of 17049'27" having a chord of which bears North 7049'46" East with a long chord of 68.16 feet; • thence North 01 004'58" West 167.30 feet to the Northeast corner of said Stafford Homes & Land, LLC tract; • thence North 88055'02" East 30.00 feet to the centerline of Brown Street; • thence the following four courses along said centerline of Brown Street South 01 004'58" East 167.30 feet; • thence 77.77 feet along the arc of a curve to the right having a radius of 250.00 feet with a central angle of 17049'27" having a chord of which bears South 7049'45" West with a long chord of 77.46 feet; • thence 77.77 feet along the arc of a curve to the left having a radius of 250.00 feet with a central angle of 17049'27" having a chord of which bears South 7049'46" West with a long chord of 77.46 feet; • thence South 01 004'58" East 68.55 feet; • thence leaving said centerline South 88055'02" West 30.00 feet to the point of beginning. Containing 11 738.29 square feet more or less REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JANUARY 19, 1993 DONALD D WALLACE,JR 2601 RENEWS 6/30/24 Printed 7/21/2023 12:23:00 PM L:\2022\22-3030ocuments\22-303 BROWN ST LEGAL.docx Page 1 of 1 EXHIBIT B - 2 ANNEXATION FOR STAFFORD HOMES AND LAND IN THE SW 1 /4 OF SECTION 18, Ilk TSS, R1W, W.M., o MARION COUNTY, OREGON ��L�� FN 88°55'02" E 30.00' LOT 32 o �o cry i co LOT 27 W 60 ;o z Lo p �0 LOT 26 Gy o U� 0 $0' D=17°49'27" � �L �c))' R=220.00' �j LOT 25 A=68.44' 30' 80 Ft/In ` CH=N 07°49'46" E� D=17°49'27" DWG NO. ANNEX EXHIBIT B .� LC=68.16' � R=250.00' JOB NO. 22-303 p D=17°49'27" — A=77.77' 7-21-2023 R=280.00' CH=S 07°49'45" W A=87.11' � LC=77.46' CH=N 07°49'46" E LC=86.75' D=17°49'27" R=250.00' TRACT A STAFFORD HOME — A=77.77' 8� LLC CH=S 07°49'46° W LAND i LC=77.46' DOCUMENT NO. P.O.B. 2022-00033414 \ N 01°04'58" W 68.55' i `S 01°04'58" E 68.55' N 89-50'l 5" E 311.08' TRACT B LOT 62 LOT 63 LOT 64 LOT 65 LS 88°55'02" W 30.00' 7p,00NES crosslNc, �ooNEs crzosslNc, �I f,45E REGISTERED . PROFESSIONAL --� LAND SURVEYOR /i OREGON JANUARY 19, 1993 DONALD D WALLACE,JR K.L.S. SURVEYING INC. 2601 1224 ALDER STREET RENEWS 6/30/24 VERNONIA, OREGON 97064 (503)429-6115 Traverse PC Attachment 102 ANX 24-01: 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 „ " ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,",,,,,,(,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,), Woodburn D..Wv.W I. „,,,,;,; C r�: ur�ar�c:.. SCD Table of Contents Project Name &Case File Numbers..............................................................................................................2 Location.........................................................................................................................................................2 LandUse &Zoning........................................................................................................................................2 StatutoryDates.............................................................................................................................................3 AnnexationProvisions ..................................................................................................................................4 Zoning Map Change Provisions...................................................................................................................12 RemainingProvisions..................................................................................................................................13 Recommended Conditions of Approval......................................................................................................14 ApplicantIdentity........................................................................................................................................16 Notesto the Applicant................................................................................................................................16 Brown Street Annexation ANX 24-01&ZC 24-01 Staff Report Attachment 102 Page 1 of 16 Project Name & Case File Numbers The project name is Brown Street Annexation. The land use application master/parent case file number is Annexation ANX 24-01, and the children/corollary case file number is Zone Change 24-01. Location Address(es) 1025 Brown St Tax Lot(s) 051W18C001200; 1.43 acres Nearest Brown St& Bridlewood Ln/Comstock Ave intersection Land Use & Zoning Comprehensive Plan Land Use Designation Low Density Residential Zoning District Residential Single Family (RS) upon annexation Overlay District(s) n/a .... Existing Use(s) None following demolition of rural homestead 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: abs ��. .�a� .'o' sr C �uIST�1�CKECVE 1 oy i s �� CC3IUIS7OCKAVE y s a e T - e a'7oa1 a1z m ti e , Q a loan f 1 o z _ 1 o z / 9s J 102PN 1023 1044 1023 1044, m •:.i 1 -. � 1Y 9517��`I/ '^o-1afi��Re3}'"A s _i.,. . 11,41 —asleas '024 - 0 025 101067 ios � 1067 6 028 Y4 1142 IM0t1135 102 a9 1135A 50 57 i'4 _ 1179 tig aAE 71ga �.. 1 aa- Comprehensive Plan land use map excerpt Zoning map excerpt Cardinal Direction Adjacent Zoning North RS; east of Brown St: Meadowood in Woodburn subdivision, west of Brown St: Steklov Addition Phase 1 subdivision East RS; Brown Street Estates Brown Street Annexation ANX 24-01&ZC 24-01 Staff Report Attachment 102 Page 2 of 16 South RS; Boones Crossing Phase 2 subdivision West RS; Bridlewood Estates subdivision and its Tract A stormwater detention pond Statutory Dates Application May 1, 2024 Completeness 120-Day Final August 29, 2024 per Oregon Revised Statutes (ORS)? x.178. (The nearest and Decision Deadline prior regularly scheduled City Council date would be August 26, 2024.)* *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). Brown Street Annexation ANX 24-01&ZC 24-01 Staff Report Attachment 102 Page 3 of 16 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 April 17, 2024 and revised and additional materials through May 1, 2024 (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 Brown Street Annexation ANX 24-01&ZC 24-01 Staff Report Attachment 102 Page 4 of 16 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 22-29) on July 13, 2022. Brown Street Annexation ANX 24-01&ZC 24-01 Staff Report Attachment 102 Page 5 of 16 The applicant requests that the City designate the annexed territory with the Residential Single Family (RS) base zoning district. 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: Brown Street borders to the property to the east as a west half-street non-conforming with WDO Figure 3.01D "Service Collector" and provides a means of access. The annexation legal description and map series include the right-of-way (ROW) adjacent to the site. • Transit: Along Brown 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 or upgrade 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 improvements that guarantee that public facilities have adequate capacity to serve such development. Brown Street Annexation ANX 24-01&ZC 24-01 Staff Report Attachment 102 Page 6 of 16 The Public Works Department comments (December 6, 2023 &June 4, 2024; Attachment 102A) were simply that public works conditions are going to be addressed with the conditioned annexation agreement. (See four paragraphs ahead.) 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 103A. The Public Works one dated November 10, 2022 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 storm sewer collection system.The requirements for this collection facility would still need to be determined.The capacity analysis, design and installation of water, sewer, and storm 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—and that the department will involve itself with the drafting the conditioned annexation agreement. (See two paragraphs ahead.) Additionally, the applicant's narrative (submitted April 17, 2024, pp. 4-12) addresses the annexation provisions. There's no written objection by the Public Works Department to the applicant's narrative. Lastly and most importantly, because of City concern that the legislature in 2025 or later appears more likely to pre-empt local governments from requiring the usual public improvements for developments of either housing generally or "middle housing" as both ORS 197.758(1)(b) and OAR 660-046-0020(12) define, staff applies an annexation condition. The applicant took initiative to submit a draft agreement, which the applicant and staff revised leading up to the Planning Commission staff report for June 13, 2024. It requires the applicant to enter into an annexation agreement for the annexation to become effective, and the applicant tentatively agreed to such conditioning during a November 20, 2023 with the Community Development Director and Senior Planner. Brown Street Annexation ANX 24-01&ZC 24-01 Staff Report Attachment 102 Page 7 of 16 In short, an annexation agreement would list and describe the dedications, grants, and public improvements necessary to conform with the Woodburn Development Ordinance (WDO) and establish provisions for the effect on the agreement when changes in statue or administrative rules render compliance with agreement provisions impossible or unlawful, with the provisoes that (a) a prime objective of the agreement shall be and remain to secure public improvements despite such changes by the state, and (b) changes by the state reasonably interpreted to relieve developers generally of some or all burden of public improvements in and of themselves do not necessarily void the agreement in part or wholly. In short, through an annexation agreement, despite any future changes in state law that exempt housing developments, especially"middle housing", from public improvements, when this property develops, whatever the development, any developer of it will still construct or pay fees in-lieu for public improvements (surface half-street improvements) per City ordinances. This is in keeping with the WDO 1.02 definition of"development", for which WDO 3.01.01D requires street improvements, and a section of the purpose statement that opens WDO 3.01: "An objective is to have developers construct or fund street improvements, and other proportional share of improvements for the public, to lessen the cost of land development to the City in order to lessen taxpayer burden for landowners in the context of Oregon Ballot Measures 5 (1990) and 50 (1997)." In order to conform with WDO 5.04.01C.2a by guaranteeing that public facilities serve future development of the property, staff applies a condition for the applicant to enter into an annexation agreement. 3. a. Examining the considerations under subsection a. because the Comprehensive Plan land use map designates the territory Low Density Residential, and the territory is to be designated with Residential Single Family (RS) base zoning district consistent with both the applicant's request and Comprehensive Plan Policy Table 1: 1) 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. 7 & 8) states: Brown Street Annexation ANX 24-01&ZC 24-01 Staff Report Attachment 102 Page 8 of 16 "The Comprehensive Plan Land Use Map designates the Property as Low Density Residential. The City's Housing Needs Analysis dated December 9, 2019, included the Property in the city's Buildable Lands Inventory and the Property has historically been designated Low-Density Residential. This application does not propose to change density or zoning designations the Property is presently subject to. This petition for annexation represents only a small portion of the land the City has designated for residential use within the city's urban growth boundary. The City's 2019 Housing Needs Analysis projects a future need for 1,563 new residential dwellings, which include single-family detached dwellings, manufactured homes, and mobile homes. Upon annexation,the Property will be zoned RS—Residential Single Family. The RS zoning designation will allow the Property to be subdivided to create a maximum of seven new single-family residential lots, which represents approximately 0.038 percent of the City's estimated need for single-family detached dwellings. There is no known oversupply of land zoned for low density residential use in the City's existing boundary; therefore, approval of the requested annexation will not result in more than a 5-year supply land zoned for low density residential use in the City. Furthermore, the requested annexation will allow the City to meet the goals stated in the Housing Needs Analysis and Buildable Lands Inventory to make land available for needed housing." Staff mostly agrees, except that the number of dwellings might be more than 7 because the RS zoning district allows more than single-family houses. It also allows "middle housing": duplexes, triplexes, quadplexes, townhouses, and cottage clusters. WDO Table 2.0213 specifies for the RS zoning district a minimum net density of 5.2 dwellings per net acre. Though it lists no maximum, Comprehensive Plan Policy Table 1 indicates both the minimum of 5.2 and a maximum of 7.26 dwellings per net acre. If there were ROW dedication of 6 ft width along approximately 390 feet length of frontage, the reduction of 1,884 square feet from 1.43 gross acres would yield 1.38 net acres. This multiplied by 7.26 dwellings would yield 10 dwellings, with staff stressing that for some middle housing, like cottage clusters, state law appears to pre-empt application of a local maximum density requirement. In short, development of the property could have far more dwellings if having, for example, 10 townhouses or(based on the Pre-App PRE 22-29 site plan) approximately 20 cottages, instead of 7 conventional detached single-family houses. 3) The applicant's narrative (p. 8) states: Brown Street Annexation ANX 24-01&ZC 24-01 Staff Report Attachment 102 Page 9 of 16 "The Property is presently served by existing public transportation (including bicycle and pedestrian improvements), water, sanitary sewer, and stormwater conveyance facilities, each with existing service capacities.The Property will not require any new capital improvements to allow for future development activities that are consistent with the Property's planned residential use and density." Though there's no written objection by the Public Works Department to the applicant's narrative. Planning Division staff note that "capital improvements" refers to public improvements constructed by the City instead of a developer. 4) Regarding (a) & (b), the applicant's narrative (p. 8) states: "The Property's frontage that abuts Brown Street measures approximately 391 feet. The existing public right-of-way measures 36 feet from the centerline on the east side of Brown Street and 30 feet on the west side of Brown Street.The west side of the Brown Street right-of-way is presently improved with a 17-foot pavement section measured from centerline to the face of curb (which allows for a 12-foot travel lane and a 5-foot bike lane), and a 6-foot planter strip, a 6-foot sidewalk, and a 1-foot section between the back of the sidewalk and the existing property line (which provides more than adequate safety for pedestrian movements). No additional right-of-way dedication or improvements are necessary or required to safely develop the Property consistent with its planned residential use and density following annexation." Staff disagrees. First, (b) is not applicable because no connection of existing street stubs is relevant. Returning to (a), completion or extension of the arterial/collector street pattern, the existing west half-street is non-conforming with WDO Figure 3.01D "Service Collector", which is the applicable functional class per Transportation System Plan (TSP) Figure 2. Upon development of the territory the City would require right-of-way (ROW) dedication and street improvements that conform to the standard cross-section for the west half- street. A conditioned annexation agreement remains relevant as described farther above for criterion C.2. In order to conform with WDO 5.04.01C.3a4)b) by completing Brown Street, which is collector street as depicted in Transportation System Plan (TSP) Figure 2 and corresponding WDO Figure 3.01D "Service Collector", staff applies a condition for the applicant to enter into an annexation agreement. 5) n/a at least for the Planning Commission hearing because no City Council hearing has yet occurred. Brown Street Annexation ANX 24-01&ZC 24-01 Staff Report Attachment 102 Page 10 of 16 Annexation of the subject territory demonstrates some conformance with the criteria, but not with 5.04.01C.2a & C.3a4)b), both of which relate to west half-street improvements. Regarding D., the applicant addressed 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 district other than RS. (Pursuant to Comprehensive Plan Policy Table 1, RS and Retirement Community Single Family Residential [R1S] are the only zoning districts that implement the Low Density Residential designation, and the clear WDO and zoning map intent is that R1S came into being only to accommodate the existing Woodburn Senior Estates subdivision, the 1960s retirement development now named Woodburn Golf& Estates located in the north central and west central areas of the city.) Regarding F., looking at subsections 1-3: "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." The application neither proposes to dedicate required ROW (6 ft) nor dedicate at least the streetside PUE (minimum 5 ft; maximum 8 ft), failing to meet 1. & 2. For the reasons described for criterion C.2a, 3. would not be met without a conditioned annexation agreement. The criteria can be met with a condition of approval requiring an annexation agreement that guarantees public facilities serve future development of the property. Brown Street Annexation ANX 24-01&ZC 24-01 Staff Report Attachment 102 Page 11 of 16 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: EMININININININIMENIMMINEM Annexation 24-01 ANX-1. The applicant shall enter into an annexation agreement (the Agreement), made concurrent with and a part of any written decision by the Woodburn City Council that approves the annexation of the subject territory. The Agreement shall be subject to Council acceptance and have provisions addressing the following: a. The Agreement shall be contractually binding on the applicant, heirs, successors, and assigns and: (1) Cite applicable details, provisions, requirements, rules, specifications, and standards from the Woodburn Development Ordinance (WDO) and other applicable ordinances relating to public improvements that following annexation would be applicable to the subject property at 1025 Brown Street upon development; (2) List and describe the dedications, grants, and public improvements necessary to conform, addressing at least: (a) Right-of-way (ROW) dedication, (b) Streetside public utility easement (PUE) grant, (c) Half-street improvements including surface improvements: roadway, curbing, landscape strip, street trees, and sidewalk, (d) Removal of electric power pole(s) and burial of overhead lines, and (e) Any fair share or proportionate share costs for identified right-of-way improvements to increase traffic safety adequately at the intersection of Brown Street & Bridlewood Lane/Comstock Avenue; (3) Specify that development shall come with such public improvements that a developer constructs or pays fees in lieu of as ordinances allow, with option to add administrative provisions for fees in-lieu not found in ordinances such as explicit due dates; (4) Specify that the Agreement provisions are severable; Brown Street Annexation ANX 24-01&ZC 24-01 Staff Report Attachment 102 Page 14 of 16 (5) Establish provisions for the effect on the Agreement when changes in statue or administrative rules render compliance with Agreement provisions impossible or unlawful, with the provisoes that (a) a prime objective of the Agreement shall be and remain to secure public improvements despite such changes by the state, and (b) changes by the state reasonably interpreted to relieve developers generally of some or all burden of public improvements in and of themselves do not necessarily void the Agreement in part or wholly; and (6) Establish provisions for modification, which may also include setting Agreement expiration or sunset. b. Recordation: It is the intention of the City that the terms and obligations of the Agreement are necessary for the annexation and future development of the subject property and as such will run with the land and be construed to be both a benefit and burden upon the property. The applicant shall record a duly executed copy of the Agreement in the real property records of Marion County and give the City copies. c. Effective date: (1) Option 1: The City Council adopts the annexation ordinance for ANX 23-03 and accepts the Agreement with the effective date the same as the annexation ordinance effective date. (2) Option 2: The City Council adopts the annexation ordinance for ANX 23-03 with the effective date conditioned to be the date that the City Administrator signs the Agreement that the applicant had signed. Until this happens, the City holds in abeyance agency notices of ordinance adoption. Note A: The applicant may request that City staff draft and format an agreement. Brown Street Annexation ANX 24-01&ZC 24-01 Staff Report Attachment 102 Page 15 of 16 ANX 24-011025 Brown Street: Ordinance Exhibit D: Condition ANX-1 Annexation 24-01 ANX-1. The applicant shall enter into an annexation agreement (the Agreement), made concurrent with and a part of any written decision by the Woodburn City Council that approves the annexation of the subject territory. The Agreement shall be subject to Council acceptance and have provisions addressing the following: a. The Agreement shall be contractually binding on the applicant, heirs, successors, and assigns and: (1) Cite applicable details, provisions, requirements, rules, specifications, and standards from the Woodburn Development Ordinance (WDO) and other applicable ordinances relating to public improvements that following annexation would be applicable to the subject property at 1025 Brown Street upon development; (2) List and describe the dedications, grants, and public improvements necessary to conform, addressing at least: (a) Right-of-way (ROW) dedication, (b) Streetside public utility easement (PUE) grant, (c) Half-street improvements including surface improvements: roadway, curbing, landscape strip, street trees, and sidewalk, (d) Removal of electric power pole(s) and burial of overhead lines, and (e) Any fair share or proportionate share costs for identified right-of-way improvements to increase traffic safety adequately at the intersection of Brown Street & Bridlewood Lane/Comstock Avenue; (3) Specify that development shall come with such public improvements that a developer constructs or pays fees in lieu of as ordinances allow, with option to add administrative provisions for fees in-lieu not found in ordinances such as explicit due dates; (4) Specify that the Agreement provisions are severable; Ordinance Exhibit D Page 1 of 2 (5) Establish provisions for the effect on the Agreement when changes in statue or administrative rules render compliance with Agreement provisions impossible or unlawful, with the provisoes that (a) a prime objective of the Agreement shall be and remain to secure public improvements despite such changes by the state, and (b) changes by the state reasonably interpreted to relieve developers generally of some or all burden of public improvements in and of themselves do not necessarily void the Agreement in part or wholly; and (6) Establish provisions for modification, which may also include setting Agreement expiration or sunset. b. Recordation: It is the intention of the City that the terms and obligations of the Agreement are necessary for the annexation and future development of the subject property and as such will run with the land and be construed to be both a benefit and burden upon the property. The applicant shall record a duly executed copy of the Agreement in the real property records of Marion County and give the City copies. c. Effective date: (1) Option 1: The City Council adopts the annexation ordinance for ANX 23-03 and accepts the Agreement with the effective date the same as the annexation ordinance effective date. (2) Option 2: The City Council adopts the annexation ordinance for ANX 23-03 with the effective date conditioned to be the date that the City Administrator signs the Agreement that the applicant had signed. Until this happens, the City holds in abeyance agency notices of ordinance adoption. Note A: The applicant may request that City staff draft and format an agreement. Ordinance Exhibit D Page 2 of 2