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July 22, 2024 Agenda FRANK LONERGAN,MAYOR CITY OF WOODBURN DEBBIE CABRALES,COUNCILOR WARD I MARK WILK,COUNCILOR WARD II CITY COUNCIL AMENDED JEN CANTU,COUNCILOR WARD III SHARON SCHAUB,COUNCILOR WARD IV MARY BETH CORNWELL,COUNCILOR WARD V AGENDA ERIC MORRIS,COUNCILOR WARD VI JULY 22, 2024- 7:00 P.M. CITY HALL COUNCIL CHAMBERS-270 MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. The City Council Community BBQ is scheduled to take place on Tuesday, August 6, 2024, at 6:00 p.m. to coincide with Music in the Park. Appointments: B. Woodburn Public Arts and Mural Committee 1 • 0sti St. Amant 4. COMMUNITY/GOVERNMENT ORGANIZATIONS None. 5. PROCLAMATIONS/PRESENTATIONS Proclamations: A• Designation of July as Park and Recreation Month 2 Presentations: None. 6. COMMUNICATIONS None. 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 hors, antes de la reuni6n. **Habra int6rpretes disponibles para aquellas personas que no hablan Ingl6s, previo acuerdo. Comuniquese al (503) 980-6322.** July 22, 2024 Council Agenda Page i 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. A. Woodburn City Council minutes of June 24, 2024 3 Recommended Action: Approve the minutes. B. Building Activity for June 2024 7 Recommended Action: Receive the report. C. Liquor License Application Alebrijes Restaurant I.I.C. 8 Recommended Action: Recommend that the OLCC approve the Liquor License Application for Alebrijes Restaurant LLC. D. Redflex report for April through June 2024 10 Recommended Action: E. Acceptance of Easements and Right of Way at 2175 N Pacific 11 Highway (Tax Lot 051 W08A001800) Recommended Action: Authorize the acceptance of right of way and three easements from Walsh Enterprises & Holdings LLC, for real property at 2175 N Pacific Highway (99E) and identified as Tax Lot 051 W08A001800. F. Award of Construction Contract for the Senecal Creek Bridge Repair 33 Project Recommended Action: Award the construction contract for the Senecal Creek Bridge Repair Project to the lowest responsible and responsive bidder, Civil West Construction, LLC, in the amount of $49,539.00. Staff is requesting approval of an additional $10,000 for this project as a contingency for potential change orders that may arise during construction. 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS A. Liquor License Application for Restaurante and Cantina Los Dos 35 Compas En Casa Marquez LLC Recommended Action: Recommend that the OLCC does NOT July 22, 2024 Council Agenda Page ii approve the Liquor License Application for the business Restaurante and Cantina Los Dos Compas En Casa Marquez LLC based upon the attached Findings. B. Annexation of Approximately 1.43 Acres of Territory Known as the 91 Brown Street Property at 1025 Brown St (ANX 24-01) and Approval of Designation of the Residential Single Family (RS) Zoning District Recommended Action: Conduct a public hearing and make a motion to tentatively approve the land use application, directing staff to prepare and submit annexation and zoning designation ordinances 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. Council Bill No. 3256 - An Ordinance Adopting Amendments to the 137 Woodburn Development Ordinance Related to Food Carts and Food Cart Pods (LA 24-02) Recommended Action: Consider the revised Woodburn Development Ordinance amendment package and adopt the attached ordinance to implement Legislative Amendment LA 24-02. B. Council Bill No. 3257 - A Resolution of the City of Woodburn Calling a 214 Measure Election for General Obligation Bonds; Declaring Intent to Reimburse Expenditures; and Related Matters Recommended Action: Adopt a resolution referring a measure election for$40 million in general obligation bonds for the construction of the community center project. C. Community Center Fundraising Support and Coordination Agreement 226 with Woodburn Proud, Inc. Recommended Action:Authorize the City Administrator to execute the attached Fundraising Support and Coordination Agreement with Woodburn Proud, Inc., to support the Woodburn Community Center project, and upon good cause shown adjust the Fund Administrative Fee pursuant to the parameters outlined in the Agreement. D. Award of Construction Contract for the Woodcrest Court Paving Project 239 Recommended Action: Award the construction contract for the Woodcrest Court Paving Project to the lowest responsible and responsive bidder, Brix Paving Northwest, Inc., in the amount of $141 ,678.20. Staff is requesting approval of an additional $40,000 for this project as a contingency for potential change orders that may July 22, 2024 Council Agenda Page iii arise during construction. 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 A. To conduct deliberations with persons designated by the governing body to negotiate real property transactions pursuant to ORS 192.660(2)(e). 17. ADJOURNMENT July 22, 2024 Council Agenda Page iv 4?4 �i �" Ag4,-.44 fun.- WboibBURN In orarn reA 188 July 3, 2024 TO: City Council FROM: Frank Lonergan, Mayor SUBJECT: Committee Appointment The following appointment is made, subject to the approval of the Council. Please forward any adverse comments to me prior to the Council meeting on Tuesday, July 9, 2024. No reply is required if you approve of my decision. Woodburn Public Arts and Mural Committee • Kristi St. Amant 1 PROCLAMATION Designation of July as Park and Recreation Month WHEREAS,parks and recreation is an integral part of communities throughout this country, including Woodburn; and WHEREAS,parks and recreation promotes health and wellness,improving the physical and mental health of people who live near parks; and WHEREAS,parks and recreation promotes time spent in nature,which positively impacts mental health by increasing cognitive performance and well-being, and alleviating illnesses such as depression, attention deficit disorders, and Alzheimers; and WHEREAS,parks and recreation encourages physical activities by providing space for popular sports,hiking trails, swimming pools and many other activities designed to promote active lifestyles; and WHEREAS,parks and recreation is a leading provider of healthy meals,nutrition services and education; and WHEREAS, park and recreation programming and education activities, such as out- of-school time programming,youth sports and environmental education,are critical to childhood development; and WHEREAS,parks and recreation increases a community's economic prosperity through increased property values, expansion of the local tax base,increased tourism,the attraction and retention of businesses, and crime reduction; and WHEREAS,parks and recreation is fundamental to the environmental well-being of our community; and WHEREAS,parks and recreation is essential and adaptable infrastructure that makes our communities resilient in the face of natural disasters and climate change; and WHEREAS, our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and WHEREAS,the U.S. House of Representatives has designated July as Parks and Recreation Month; and WHEREAS, Woodburn recognizes the benefits derived from parks and recreation resources. NOW, THEREFORE, be it proclaimed by the City of Woodburn that July 2024 is Recreation and Parks Month, and, as Mayor, I encourage all citizens of the City of Woodburn to enjoy our Parks and participate in Recreation programs. IN WITNESS WHEREOF,I have hereunto set my hand and caused the seal of the City of Woodburn to be affixed this day of July 2024. Frank Lonergan, Mayor City of Woodburn 2 COUNCIL MEETING MINUTES JUNE 24, 2024 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JLTNE 24, 2024 CONVENED The meeting convened at 7:00 p.m. with Mayor Lonergan presiding. ROLL CALL Mayor Lonergan Present Councilor Cantu Present Councilor Cornwell Present Councilor Schaub Present Councilor Morris Absent Councilor Cabrales Present Councilor Wilk Present Staff Present: City Attorney Granum, Assistant City Administrator Row, Police Chief Pilcher, Economic Development Director Johnk, Community Services Director Cuomo, Community Development Director Kerr, Finance Director Turley, Public Works Director Stultz, Special Projects Director Wakeley, City Recorder Pierson, Planner Handel, Building Official Gitt, Community Relations Manager Herrera, Assistant City Attorney Killmer ANNOUNCEMENTS Mayor Lonergan announced the following: • Independence Day Celebration at Centennial Park on Thursday, July 4t'from 5:30 p.m. -10:30 p.m. Includes food vendors, live music, games for the whole family and a fantastic firework show. • In observance of Independence Day, City Hall offices, the Library, and Transit service will be closed Thursday, July 4, 2024. The Aquatic Center will be open 6:00 a.m.-11:00 a.m. • The City Council Meeting /Community BBQ is scheduled for Tuesday, July 9, 2024, at 6:00 p.m. to coincide with the Kick-off of Music in the Park. PROCLAMATIONS 2024 41st Annual National Night Out - Mayor Lonergan read a proclamation calling on citizens to support the 2024 41 sf Annual National Night Out and declaring August 6,2024, as the 2024 41 sf Annual National Night Out. PRESENTATIONS Fiesta Court — Community Relations Manager Herrera introduced the Fiesta Court and provided the City Council with a 2024 Fiesta Court Tentative Calendar. Members of the Court include Irene Rodriguez Estrada, Flannery Santiago Valencia, Jazmine Ortiz, Betzabet Gascar, Aliyah Calderon, Vanessa Perez Marcelino, Kaylee Rachel Arroyo, Yatzil Morales, Perla Barragan —Chavez, and Jose Solis Gomez. Each member introduced themselves and provided information on Fiesta Court programs that they participated in. Page 1 - Council Meeting Minutes, June 24, 2024 3 COUNCIL MEETING MINUTES JUNE 24, 2024 Police Department Accreditation—Police Chief Pilcher provided information on the City's Certificate of Accreditation. CONSENT AGENDA A. Woodburn City Council minutes of June 10, 2024, B. Woodburn City Council Executive Session minutes of June 10, 2024, C. Monthly Financial Report, D. Redflex Report March through May 2024, E. Accept the Energy Efficiency and Conservation Block Grant(EECBG)to Support EV Charging Network, F. Subrecipient Agreement with DevNW and Intergovernmental Agreement(IGA)with Cities of Gervais and Hubbard—Participation in Support CDBG COVID-19 Funding for Rental Assistance. Schaub/Cabrales... approve the consent agenda. The motion passed unanimously. PUBLIC HEARINGS Public Hearing for a Legislative Amendment to the Woodburn Development Ordinance Regarding Food Cart Regulations (LA 24-02) Mayor Lonergan declared the hearing open at 7:41 p.m. for the purpose of hearing public input on the Legislative Amendment to the Woodburn Development Ordinance Regarding Food Cart Regulations (LA 24-02). Planner Handel and Community Development Director Kerr provided a staff report. Mayor Lonergan asked if any member of the public wished to speak in support of the Legislative Amendment to the Woodburn Development Ordinance Regarding Food Cart Regulations (LA 24-02). Scott Sharp, 352 Bush St, stated that he would like to see food carts allowed in the city outside of pods. Matt Ring, 10850 Main St. NE Donald, owner of Oregon Smoke Shack food cart, stated that he would like to see food carts allowed in the City outside of pods.He read a letter from Meredith Barton, Coastal Farm store manager, supporting a permanent location for a food truck on Coastal Farm Stores property in Woodburn. Mayor Lonergan asked if any member of the public wished to speak in opposition to the Legislative Amendment to the Woodburn Development Ordinance Regarding Food Cart Regulations (LA 24-02). No members of the public wished to speak in opposition. Mayor Lonergan closed the hearing at 8:25 p.m. Mayor Lonergan stated that as a growing city, we should have regulations for the safety of our citizens. Councilor Cornwell stated that we may need to make accommodations to make sure that everyone is successful. Councilor Schaub stated that she is concerned about how this would affect the food trucks that are already here. Councilor Cabrales expressed her concerns about the rent for food carts at pods possibly being too high for the food carts that are currently operating in the City. Councilor Wilk stated that he also has concerns about the small businesses who may not be able to afford being in a pod and would like to see the City accommodate both by allowing single food carts if they meet regulations. Mayor Lonergan expressed his concerns with parking requirements. Councilor Cantu stated that she understands the concerns of the Council regarding the requirement of being in a pod but there are regulations requiring these food carts to meet certain criteria before they can do business and a food cart meeting those on their own may be cost prohibitive for them. Schaub/Cornwell... to tentatively approve Legislative Amendment LA 24-02, directing staff to prepare an ordinance for consideration at the July 22, 2024, City Council meeting. On roll call vote the motion passed 3-2 with Councilors Cabrales and Wilk voting no. City Attorney Granum noted that if the Council wants staff to make any changes to the proposed Page 2 - Council Meeting Minutes, June 24, 2024 4 COUNCIL MEETING MINUTES JUNE 24, 2024 legislative amendment, they will need to make sure that the motion reflects that. Schaub/Cornwell... amend the motion to tentatively approve Legislative Amendment LA24-02, and direct staff to prepare an ordinance for consideration with some options for single cart operation. On roll call vote the motion passed unanimously. FY 2023-24 Supplemental Budget Request for Transfer Increase from the Water SDC Fund to the Water Capital Construction Fund for Parr Road Water Treatment Project Completion Mayor Lonergan declared the hearing open at 8:48 p.m. for the purpose of hearing public input on the FY 2023-24 Supplemental Budget Request for Transfer Increase from the Water SDC Fund to the Water Capital Construction Fund for Parr Road Water Treatment Project Completion. Finance Director Turley provided a staff report. Mayor Lonergan asked if any member of the public wished to speak in support of the FY 2023-24 Supplemental Budget Request for Transfer Increase from the Water SDC Fund to the Water Capital Construction Fund for Parr Road Water Treatment Project Completion. No members of the public wished to speak in support. Mayor Lonergan asked if any member of the public wished to speak in opposition to the FY 2023-24 Supplemental Budget Request for Transfer Increase from the Water SDC Fund to the Water Capital Construction Fund for Parr Road Water Treatment Project Completion. No members of the public wished to speak in opposition. Mayor Lonergan closed the hearing at 8:49 p.m. COUNCIL BILL NO. 3255 - A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET AND APPROVING TRANSFERS OF APPROPRIATIONS FOR FY 2023-2024 FOR THE PARR ROAD WATER TREATMENT PROJECT COMPLETION Schaub introduced Council Bill No. 3255. City Recorder Pierson read the bill by title only since there were no objections from Council. On roll call vote for final passage, the bill passed unanimously. Mayor Lonergan declared Council Bill No. 3255 duly passed. AWARD A CONTRACT TO CLAIR COMPANY INC. FOR PROFESSIONAL PLAN REVIEW AND INSPECTION SERVICES ON AN AS NEEDED BASIS AND AUTHORIZE THE CITY ADMINISTRATOR TO SIGN THE AGREEMENT Building Official Gitt provided a staff report. Schaub/Cabrales...award a Contract to Clair Company Inc. for Professional Plan Review and Inspection Services on an as needed basis and authorize the City Administrator to sign the Agreement. The motion passed unanimously. COUNCIL BRIEFING OF PLANNING COMMISSION APPROVAL OF A DESIGN REVIEW APPLICATION FOR "COVERS FOR PLAY STRUCTURE & OUTDOOR EVENT AREA" AT NUEVO AMANECER APARTMENTS, 1274 N. 5TH ST (DR 24-05) The Council declined to call this item up. CITY ADMINISTRATOR'S REPORT The Assistant City Administrator reported the following: — The Taste of Woodburn was very successful. Thanked the community for coming out and all the staff that worked so hard to put on that event. MAYOR AND COUNCIL REPORTS Councilor Cornwell stated that she attended Taste of Woodburn, and it was pretty quiet. She asked if there were less vendors this year and asked about the status of the dog park. Community Services Director Cuomo answered that there were less vendors. He added that a few Page 3 - Council Meeting Minutes, June 24, 2024 5 COUNCIL MEETING MINUTES JUNE 24, 2024 backed out at the last minute and some vendors were only able to attend on Saturday. He stated that the dog park improvements are coming along and hopes to have it open early August. Councilor Cabrales stated that she heard great things about the Taste of Woodburn and Flavor de Futbol. She wished everyone a happy fourth of July. Councilor Schaub stated that she appreciates the work that Jim and Renata did on the EECBG block grant. She heard from her ward that they would like more signs in English describing the food at Taste of Woodburn. She wished everyone a great fourth. Councilor Wilk invited people to the French Prairie Kiwanis Chuckwagon breakfast on July 4 h, at Legion Park from 7:00 a.m. — 10:00 a.m. Councilor Cantu stated that she attended the Flavor de Futbol and it was a great event. ADJOURNMENT Cornwell/Cabrales... move to adjourn. The motion passed unanimously. Mayor Lonergan adjourned the meeting at 9:02 p.m. APPROVED FRANK LONERGAN, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 4 - Council Meeting Minutes, June 24, 2024 6 CITY OF WOODB URN Community Development Department MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503)982-5246 Date: July 1, 2024 To: Chris Kerr, Community Development Director From: Melissa Gitt, Building Official Subject: Building Activity for June 2024 2022 2023 2024 No. Dollar Amount No. Dollar Amount No. Dollar Amount Single-Family Residential 7 $2,234,113 10 $2,990,358 21 $6,649,370 Multi-Family Residential 7 $8,591,439 0 $0 0 $0 Assisted Living Facilities 0 $0 0 $0 0 $0 Residential Adds&Alts 13 $199,925 35 $382,947 17 $166,183 Industrial 0 $0 0 $0 0 $0 Commercial 2 $132,000 3 $2,642,400 15 $11,398,860 Signs and Fences 0 $0 3 $28,254 0 $0 Manufactured Homes 0 $0 0 $0 0 $0 TOTALS 29 $11,157,477 51 $6,043,959 53 $18,214,413 Fiscal Year to Date $582,617,484** $105,786,914 $122,431,746 Jul 1—June 30 Totals calculated from permit valuation. "Project Basic(Amazon)permit valuation is$451,339,834 K:Axx PDT Agenda Process\2024\July 22,2024\memo-2024-6June.doc 7 4?4 �i �" Ag4,-.44 fun.- WWODBURN In orarn reA 188 July 9, 2024 TO: Honorable Mayor and City Council through City Administrator THRU: Marty Pilcher, Chief of Police FROM: Keith Kimberlin, Lieutenant SUBJECT: Liquor License Application Alebrijes Restaurant LLC. RECOMMENDATION: Recommend that the OLCC approve the Liquor License Application for Alebrijes Restaurant LLC. BACKGROUND: Applicant: Leopoldo Avila Quintero 1 199 Eagle Drive Woodburn, OR 97071 503-980-5732 Point of Contact: Leopoldo Avila Quintero 1 199 Eagle Drive Woodburn, OR 97071 503-980-5732 Business: Alebrijes Restaurant LLC. 311 N. Front Street Suite A Woodburn, OR 97071 503-890-5732 Owner(s): Leopoldo Quintero Adriana Lopez Agenda Item Review: City Administrator_x City Attorney_x_ Finance_x_ 8 Honorable Mayor and City Council July 9, 2024 Page 2 License Type(s): Limited On Premises- May sell and serve by the drink, at retail to consumers for consumption on licensed premises: malt beverages (beer), wine, and cider. On June 17, 2024, the Woodburn Police Department received an application for Limited On-Premises liquor license for Alebrijes Restaurant. The business will be opening as a New Outlet, and is a restaurant-style business, with seating for 30. The hours of operation are loam to 8pm Sunday to Saturday. There is no entertainment listed for the location except recorded music. The Woodburn Police Department has not received any communication from the public or surrounding businesses in support of or against the proposed change. DISCUSSION: The Police Department has completed a background investigation on Alebrijes Restaurant, and the listed owner, Leopoldo Quintero. They were ran through various police databases and business related databases. Leopoldo holds a valid Oregon driver's license and no other items of concern were located during the check. The application is for a new business. FINANCIAL IMPACT: None 9 I- � m Rt 0 r- 0 m Ln m r- Rt Ln w m Ln w w -i r%% rq ry) rl rl CF) 00 M cn r- N N rlj P, B E E 0 0 N N w w aj lu 0 _0 w 0 m Q0 m :I- w r- k.0 0 r*l 1-1 0 0 m rlj Ln rj Ln m k.6 w -4 --1 m -4 4 w Ln 0 E N N 0 0 a) N N ,u m a) Y 0 M m w m w w Ln ci W 0 r14 r14 r14 0) -6 0 Rt m Ln r-i NM 0 r14 r-I NM r- Rt CL 0 ry) r14 r-I E r-I -i r14 a) E a) w N wru 0 0 o E u N W N _0 m M 0 .- ��; a) 0 ru r > E ts LLJ (D o 8 u Z o IL, 0 2i bD L t-'D - C , 0 r-i Ln Nr-I Rt NM w o w Ln N Ln m CF) ry) Rt r14 r-I r-I r, LLJ Ln r-I r- -i rq rq ry) r14 rq ry) r-I r14 ru a) 0 o a) E CL N (D N a) ru ru 0 CL 0d U N N a) ,u -ru ru 0- ru -0 a) a) 'D V) V) V) 4� Ln 0 0 C: 4' an an an an C: C: C: (1) C: 0 C: C: C: a) C: o 0 M w o o o , C: U w 0 'Z- 0 =3 - - 41 41 _�2 'Z, u u 0 u u UN d u u u u (1) C: (1) C: = • • - CL .—iC: FI V) C: (IF NNw 0 4� w 0 = W a0 0 L) V) u a) a) 76 ru V) V) 4� V) 4' 0 a)V) 0 0 4- 0 V) 0 u V) (1) U 4' a) 0 z (1) .5 4� (1) 0 Z Y u = V) u u Ln u -- - 0 a) 0 bio 0 V) -- > ru 0 bio 0 V) 0 c- 8 C: C: a, -0 0 0 - W 6 0 4� -0 76 :E C E -a) E 0 0 0 0 > > X M UJ U > > a) 0 > > > 0 0 CL CL CL Ig -,49W& WWODBURN Inc orpornreA 1889 J u ly 22, 2024 TO: Honorable Mayor and City Council through City Administrator FROM: Curtis Stultz, Public Works Director SUBJECT: Acceptance of Easements and Right of Way at 2175 N Pacific Highway (Tax Lot 051W08A001800) RECOMMENDATION: Authorize the acceptance of right of way and three easements from Walsh Enterprises & Holdings LLC, for real property at 2175 N Pacific Highway (99E) and identified as Tax Lot 051 W08A001800. BACKGROUND: Per the conditions of the Planning Commission's Final Decision for the Fleet Sales West Shop Building Project, dated April 13, 2023, the developer is required to grant a right of way and three easements to the City. DISCUSSION: The easements under consideration are summarized in the table below: DEDICATED USE LOCATION SIZE Public Utility Easement 99E frontage 2,562 sq. ft. Public Utility Easement National Way frontage 638 sq. ft. Sanitary Sewer Easement 99E frontage 4,209 sq. ft. Woodburn Development Ordinance (WDO) section 3.02.01 B requires a minimum five-foot wide PUE along each lot line abutting a public street. PUE's are reserved for the construction, reconstruction, operation, and maintenance of public utilities on private property. The right of way under consideration is along the frontage of National Way and totals 1357 sq. ft. The additional right of way ensures the required public improvements are within the City's right of way. FINANCIAL IMPACT: There is no cost to the City for these easements. Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance_x 11 AFTER RECORDING RETURN TO.- Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENT Walsh Enterprises and Holdings, LLC, GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITYa permanent easement and right-of-way, including the permanent right to construct, reconstruct, operate, and maintain public utilities on the following described land: See attached Exhibit "A " Legal Description qf'Pertnanenl Easemeni and allached Exhibit "B'%Sketch for Legal Description ql'Perinanenl Easement iihich are by/his, reference incorporated herein GRANTOR reserves the right to use the Surface of the land for any purpose that will not be inconsistent or interfere with the use of the easement by the CITY No building, pennanent structures, or fences shall be placed upon, under or within the property subject to the foregoing easement during the term thereof without the written permission of the CITY Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein. The true consideration of this conveyance is zero dollars ($0), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to CITYthat GRANTOR is lawfully seized in fee simple of the above- granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, though, or under GRANTOR. DATED this�day of 2024. Walsh Enterprises and Holdings, LLC Public Utility Easements (Permanent) PAGE I OF 4 12 CORPORATE ACKNOWLEDGEMENT STATE OF OREGON, County of ) ss. The foregoing instrument was acknowledged before me this day of 20 2- by C 0.S R— as =, of 2 Q Pml QV a corporation and the foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. �VFIC14L STAMP � �mCK '6C�W'�A NOTARY PUBLIC FOR OREGON NOTAW PU L,IC• 021Q�13 COMMISSI��E�V�CUl�R`�10,2n26 My Commission Expires: � MY CO MM1 �IC� CITY OF WOODBURN 270 Montgomery Street Woodburn, OR 97071 Walsh Enterprises and Holdings, LLC 2175 N. Pacific Hwy Woodburn, OR 97071 By Signature below, the City of Woodburn, Oregon Approves and Accepts this Conveyance Pursuant to ORS 93.808. City Recorder: Heather Pierson Public Utility Easements (Permanent) PAGE 2 OF 4 13 EXHIBIT A Lega1 Description of Easement Area PUBLIC UTILITY EASEMENT DESCRIPTION ALL THAT PORTION OF LOT 1, `INDUSTRIAL PARK NO. 2", THE SAME IS DESCRIBED AND RECORDED IN REEL 3142, PAGE 79,MARION COUNTY, OREGON, DEED RECORDS,LYING WITHIN 60.00 FEET OF THE CENTERLINE OF PACIFIC HIGHWAY EAST(HWY 99E), AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 1, SAID POINT DISTANT 50.00 FEET NORMAL OFFSET OF THE CENTERLINE OF SAID NORTH PACIFIC HIGHWAY EAST, THENCE SOUTH 32002'16" WEST, PARALLEL TO SAID HIGHWAY, FOR A DISTANCE OF 253.10 FEET TO THE SOUTH LINE OF SAID LOT 1; THENCE CONTINUING ON SAID SOUTH LINE NORTH 8904 1'49" WEST FOR A DISTANCE OF 11.76 FEET,- THENCE LEAVING SOUTH LINE NORTH 32002'16"EAST, PARALLEL TO SAID HIGHWAY, FOR DISTANCE OF 259.28 FEET TO A POINT ON THE NORTH LINE THEREOF, THENCE CONTINUING ON SAID NORTH LINE SOUTH 57057'07"EAST FORA DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. THE PREVIOUSLY DESCRIBED CONTAINING 2,562 SQUARE FEET, MORE OR LESS. RE GI , RED l Fl 3 6ONAL LAN 139, V EYO O __ ARCF 14,202:3 O Fi 1040 EXPIRES: °.' ,S Public Utility Easements (Permanent) Page 3 of 4 14 LOT 1 OF "INDUSTRIAL PARK ADDITION NO. 2" REAL PROPERTY IN NE 1/4 OF SECTION 08 TOWNSHIP 5 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN CITY OF WOODBURN, MARION COUNTY, OREGON LOT "INDUSTRIAL PARK ADDITION NO. 2" / 20' 40' SCALE IN FEET /.-- POINT OF ' BEGINNING / S570 57 0TE- 10.00' LOT I ' "INDUSTRIAL PARK ADDITION NO. 2" REEL 3142, PAGE 79 5 a AREA: ±2562 SOFT / V a A 10.0'PUBLIC UTILITY EASEMENT s N890 4 P 49"W- 11.76' t / a ' s LEGEND: I._ �1� ,_ FOUND MONUMENT s CALCULATED POINT ----- EXHIBIT- B PACIFIC HIGHWAY 99W-PUBLIC UTILITY EASEMENT - ss±± SCALE: r�e t f el,2 02. ENGINEERING 256419THStSE 1°=40 ~_ LEI Salem Oregon 97302 PRo1EcrNo.: 1s s42 104141 & SURVEYING (503)399-3828 " DATE: e Xr'IRIES 12,3 .20.2...... ....... a www.leiengineering.com 02-14-2024 OF OREGON CHECKED: C.FOGERSON,PLS 15 AFTER RECORDING RETURN TO.- Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENT Walsh Enterprises and Holdings, LLC, GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITYa permanent easement and right-of-way, including the permanent right to construct, reconstruct, operate, and maintain public utilities on the following described land: See attached Exhibit "A " Legal Description qf'Pertnanenl Easemeni and allached Exhibit "B'%Sketch for Legal Description ql'Perinanenl Easement iihich are by/his, reference incorporated herein GRANTOR reserves the right to use the Surface of the land for any purpose that will not be inconsistent or interfere with the use of the easement by the CITY No building, pennanent structures, or fences shall be placed upon, under or within the property subject to the foregoing easement during the term thereof without the written permission of the CITY Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein. The true consideration of this conveyance is zero dollars ($0), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to CITYthat GRANTOR is lawfully seized in fee simple of the above- granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, though, or under GRANTOR. DATED this�day of 2024. Walsh Enterprises and Holdings, LLC Public Utility Easements (Permanent) PAGE I OF 4 16 CORPORATE ACKNOWLEDGEMENT STATE OF OREGON, County of ) ss. The foregoing instrument was acknowledged before me this day of 20 2- by C 0.S R— as =, of 2 Q Pml QV a corporation and the foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. �VFIC14L STAMP � �mCK '6C�W'�A NOTARY PUBLIC FOR OREGON NOTAW PU L,IC• 021Q�13 COMMISSI��E�V�CUl�R`�10,2n26 My Commission Expires: � MY CO MM1 �IC� CITY OF WOODBURN 270 Montgomery Street Woodburn, OR 97071 Walsh Enterprises and Holdings, LLC 2175 N. Pacific Hwy Woodburn, OR 97071 By Signature below, the City of Woodburn, Oregon Approves and Accepts this Conveyance Pursuant to ORS 93.808. City Recorder: Heather Pierson Public Utility Easements (Permanent) PAGE 2 OF 4 17 EXHIBIT A Lega1 Description of Easement Area PUBLIC UTILITY EASEMENT DESCRIPTION ALL THAT PORTION OF LOT 1, `INDUSTRIAL PARK NO. 2", THE SAME IS DESCRIBED AND RECORDED IN REEL 3142, PAGE 79,MARION COUNTY, OREGON, DEED RECORDS,LYING WITHIN 60.00 FEET OF THE CENTERLINE OF PACIFIC HIGHWAY EAST(HWY 99E), AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 1, SAID POINT DISTANT 50.00 FEET NORMAL OFFSET OF THE CENTERLINE OF SAID NORTH PACIFIC HIGHWAY EAST, THENCE SOUTH 32002'16" WEST, PARALLEL TO SAID HIGHWAY, FOR A DISTANCE OF 253.10 FEET TO THE SOUTH LINE OF SAID LOT 1; THENCE CONTINUING ON SAID SOUTH LINE NORTH 8904 1'49" WEST FOR A DISTANCE OF 11.76 FEET,- THENCE LEAVING SOUTH LINE NORTH 32002'16"EAST, PARALLEL TO SAID HIGHWAY, FOR DISTANCE OF 259.28 FEET TO A POINT ON THE NORTH LINE THEREOF, THENCE CONTINUING ON SAID NORTH LINE SOUTH 57057'07"EAST FORA DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. THE PREVIOUSLY DESCRIBED CONTAINING 2,562 SQUARE FEET, MORE OR LESS. RE GI , RED l Fl 3 6ONAL LAN 139, V EYO O __ ARCF 14,202:3 O Fi 1040 EXPIRES: °.' ,S Public Utility Easements (Permanent) Page 3 of 4 18 LOT 1 OF "INDUSTRIAL PARK ADDITION NO. 2" REAL PROPERTY IN NE 1/4 OF SECTION 08 TOWNSHIP 5 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN CITY OF WOODBURN, MARION COUNTY, OREGON LOT "INDUSTRIAL PARK ADDITION NO. 2" / 20' 40' SCALE IN FEET /.-- POINT OF ' BEGINNING / S570 57 0TE- 10.00' LOT I ' "INDUSTRIAL PARK ADDITION NO. 2" REEL 3142, PAGE 79 5 a AREA: ±2562 SOFT / V a A 10.0'PUBLIC UTILITY EASEMENT s N890 4 P 49"W- 11.76' t / a ' s LEGEND: I._ �1� ,_ FOUND MONUMENT s CALCULATED POINT ----- EXHIBIT- B PACIFIC HIGHWAY 99W-PUBLIC UTILITY EASEMENT - ss±± SCALE: r�e t f el,2 02. ENGINEERING 256419THStSE 1°=40 ~_ LEI Salem Oregon 97302 PRo1EcrNo.: 1s s42 104141 & SURVEYING (503)399-3828 " DATE: e Xr'IRIES 12,3 .20.2...... ....... a www.leiengineering.com 02-14-2024 OF OREGON CHECKED: C.FOGERSON,PLS 19 AFTER RECORDING RETURN TO.- Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN,OREGON PUBLIC UTILITY EASEMENT Walsh Enterprises and Holdings, LLC, GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY permanent easement and right-of-way, including the permanent right to construct, reconstruct, operate, and maintain public utilities on the following described land: See attached Exhibit "A"Legal Description of Permanent Easement and attached Exhibit "B"Sketch for Legal Description of Permanent Easement which are by this reference incor)orated herein GRANTOR reserves the right to use the surface of the land for any purpose that will not be inconsistent or interfere with the use of the easement by the CITY. No building, permanent structures, or fences shall be placed upon, under or within the property subject to the foregoing easement during the term thereof without the written permission of the CITY. Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein. The true consideration of this conveyance is zero dollars ($0), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the above- granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, though, or under GRANTOR. DATED this2h-day of A -° , 2024. W lsh Enterprises and Hold' gs, LLC Public Utility Easements (Permanent) PAGE 1 OF 4 20 CORPORATE ACKNOWLEDGEMENT STATE OF OREGON, County o &C _°tl \ ) ss. The foregoing instrument was acknowledged before me this day of 20_ by as of a corporation and the foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. F ICIAL STAMP TOtVA► KAY BRUNICK { NOTARY PUBLIC-OREG 3 COMMISSION NO.1021013 NOTARY PUBLIC FOR OREGON MY coMMISSION EXPIRES FEBRUARY 16,2026 My Commission Expires; ° � a ` G-Z ' CITY OF WOODBURN 270 Montgomery Street Woodburn, OR 97071 Walsh Enterprises and Holdings, LLC 2175 N. Pacific Hwy Woodburn, OR 97071 By Signature below, the City of Woodburn, Oregon Approves and Accepts this Conveyance Pursuant to ORS 93.808. City Recorder: Heather Pierson Public Utility Easements (Permanent) PAGE 2 OF 4 21 L,XIIIBI'T A Legal Deserintion of]Easement Area PUBLIC UTILITY EASEMENT DESCRIPTION ALL THAT PORTION OF LOT 1, `INDUSTRIAL PARK NO. 2", THE SAME IS DESCRIBED AND RECORDED IN REEL 3142, PAGE 79, MARION COUNTY, OREGON, DEED RECORDS,LYING WITHIN 77.00 FEET OF THE RADIAL CENTER OF THE CUL-DE-SAC OF NATIONAL WAY, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING A POINT ON THE WEST LINE OF SAID LOT 1, DISTANT 568.32 FEET FROM THE SOUTHWEST CORNER THEREOF, AND 72.00 FEET FROM THE RADIAL CENTER OF SAID CUL-DE-SAC; THENCE CONTINUING ON A ON A CURVE CONCAVE TO THE NORTH WITH A RADIUS OF 72.00 FEET FOR A DISTANCE OF 123.36 FEET TO THE NORTH LINE OF SAID LOT 1, SAID CURVE CHORD BEARING NORTH 81006,24"EAST FOR A DISTANCE OF 108.82 FEET THENCE CONTINUING ON THE NORTH LINE OF SAID LOT 1 SOUTH 57056'27"EAST FOR A DISTANCE OF 5.00 FEET; THENCE LEAVING SAID NORTH LINE ON A CURVE CONCAVE TO THE NORTH WITH A RADIUS OF 77.00 FEET FOR A DISTANCE OF 131.93 FEET TO THE WEST LINE-OF SAID LOT 1, SAID CURVE CHORD BEARING SOUTH 81006'24" WEST FOR A DISTANCE OF 116.38 FEET; THENCE CONTINUING ON THE WEST LINE THEREOF NORTH 40011'04" WEST FOR A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING, THE PREVIOUSLYDESCRIBED CONTAINING 638 SQUARE FEET, MORE OR LESS. G1, ED PRO S ZONAL LAN �JE O -ON ARCFj'14.2023 Ol OGER ON s�c�o EXPIRES: Public Utility Easements(Permanent) PAGE 3 OF 4 22 LOT 1 OF "INDUSTRIAL PARK ADDITION NO. 2" REAL PROPERTY IN NE 1/4 OF SECTION 08 TOWNSHIP 5 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN CITY OF WOODBURN, MARION COUNTY, OREGON f / o za 40 ® pq SCALE IN FEET ` \ / '\ O / LOT2 I "INDUSTRIAL PARK I ADDITION NO. 2" I f ��. S570 56'27'E-5.00' E 0 v / o N40° 11'04"W-5.00' ° C1 AREA: ±638 SQFT - POINT OF C2 BEGINNING LOT 1 "INDUSTRIAL PARKADDITION NO,2" REEL 3142, PAGE 79 LEGEND: FOUND MONUMENT Z�, CALCULATED POINT CURVE TABLE a z CURVE# LENGTH RADIUS CHORD C 1 123.36 72.00 N81°06 24T- 108.82 O Pt$ 10 y LAN0 ' 01 C2 131.93 77.00 S81°06'24"W- 116.38 _._._.a EXHIBIT- B NATIONAL WAY-PUBLIC UTILITY EASEMENT � t SCALE.' N1 0 14,2023 € ENGINEERING 256419TH St SE 1" HRI ` Q O LEI Salem Oregon 97.302 PR � �b � & SURVEYING 9 15-542 �.� (503) 399-3828 DATE: ivE f d: www.leiengineering.com OF O REGO N 02-14-2024 CHECKED: C.FOGERSON,PLS 23 After Recording Return to: City Recorder City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 Send Tax Statements to: City Recorder City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 STATUTORY WARRANTY DEED Walsh Enterprises and Holdings, LLC, Grantor, conveys and warrants to CITY OF WOODBURN, a municipal corporation of the State of Oregon, Grantee, the following described real property free of encumbrances except as specifically set forth herein: Description: See attached Exhibit "A"Legal Descri tp ion of Permanent Right-of-Way Dedication and attached Exhibit "B" Sketch for Legal Descri ton of Permanent Easement which are by this reference incorporated herein. Exceptions: N/A. The true and whole consideration for this conveyance is $ Zero 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 TO 7, CHAPTER 8, OREGON LAWS 2010. PAGE 1 OF 5 24 Dated this day of ,. , 2024. Wjas Enter ' s Holdings, LLC B __- Name: j f b Title:?Q15 1 CORPORATE ACKNOWLEDGEMENT State of Oregon ) ) ss. County of ) This instrument was acknowledged before me on this Z-1 day of ®� (day) (month) (year) by , as V,Q � (Signer's Name) (Title;write N/A if not applicable) Of 5 (Name of Entity of whose behalf record is executed;write N/A if not applicable) OFFICIAL STAMP tCommission Expires ary Public for Oregon TONYA Y BRUNICI( Ex - N ` NOTARY PUBLIC-OREGON Y p � _� COMMISSION NO, 1021013 MY COMMISSION EXPIRES FEBRUARY 16,2026 PAGE 2 OF 5 25 CITY OF WOODBURN 270 Montgomery Street Woodburn, OR 97071 Walsh Enterprises and Holdings, LLC 2175 N. Pacific Hwy Woodburn, OR 97071 By Signature below, the City of Woodburn, Oregon Approves and Accepts this Conveyance Pursuant to ORS 93.808. City Recorder: By: PAGE 3 OF 5 26 EXHIBIT A DESCRIPTION OF LAND TO BE DEEDED TO THE CITY OF WOODBURN, OREGON: RIGHT OF WAY DEDICATION DESCRIPTION ALL THAT PORTION OF LOT 1, `INDUSTRIAL PARK NO. 2", THE SAME IS DESCRIBED AND RECORDED IN REEL 3142, PAGE 79, MARION COUNTY, OREGON, DEED RECORDS, LYING WITHIN 72.00 FEET OF THE RADIAL CENTER OF THE CUL-DE-SAC OF NATIONAL WAY, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID LOT 1, THE SAID POINT BEING 60.00 FEET FROM THE RADIAL CENTER OF SAID CUL-DE-SAC; THENCE CONTINUING ON THE MARGINAL BOUNDARY OF SAID NATIONAL WAY, ON A CURVE CONCAVE TO THE NORTH WITH A RADIUS OF 60.00 FEET FOR A DISTANCE OF 102.81 FEET, SAID CURVE CHORD BEARING NORTH 81°06'13"EAST FOR A DISTANCE OF 90.69 FEET, THENCE CONTINUING ON THE NORTH LINE OF SAID LOT I SOUTH 5705627"EAST FOR A DISTANCE OF 12.00 FEET; THENCE LEAVING SAID NORTH LINE ON A CURVE CONCAVE TO THE NORTH WITH A RADIUS OF 72.00 FEET FOR A DISTANCE OF 123.36 FEET TO THE WEST LINE OF SAID LOT 1, SAID CURVE CHORD BEARING SOUTH 81°06'24"WEST FORA DISTANCE OF 108.82 FEET THENCE CONTINUING ON THE WEST LINE THEREOF NORTH 40011'04" WEST FOR A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING. THE PREVIOUSL Y DESCRIBED CONTAINING 1,357 SQUARE FEET, MORE OR LESS. REGI RED PRO -S IOC}AL AN YO ,J ,CAN t RC h 14,2023 tGERSON €31040 EXPIRES Z- c' a .s�—. PAGE 4 OF 5 27 LOT 1 OF "INDUSTRIAL PARK ADDITION NO. 2" REAL PROPERTY IN NE 1/4 OF SECTION 08 TOWNSHIP 5 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN CITY OF WOODBURN, MARION COUNTY, OREGON f / f 0 20' 40' / SCALffivalT f , / � LOT2 "INDUSTRIAL PARK ADDITION N0. 2" ----�, / E POINT OF / S57°56271 E- 12.00' BEGINNING s N40° I P 04"W- 12.00' / C1 \ \ s C2 AREA: ±1357 SQFT LOT I a "INDUSTRIAL PARKADDITION NO. 2" REEL 3142, PAGE 79 LEGEND: FOUND MONUMENT A CALCULATED POINT x CURVE TABLE a z CURVE# LENGTH RADIUS CHORD C 1 102.81 60.00 N81°06' 13T-90.69 P R(D ff StIONVAL C2 123.36 72.00 S810 06'24"W- 108.82 --- --- -.—'- _._. s R EXHIBIT- B I`1 — NATIONAL WAY—RIGHT OF WAY DEDICATION , SCALE: Ni C r €1 2,72: ENGINEERING 256419THStSE ,° a� I � LEI Salem Oregon 97.302 PROJECTNO.: C ' SURVEYING 9 is-s4z �' ' S03 399-3828 DATE: Er. p Fri :3. ____,..�. OF 0 R EV O N www.leiengineering.com CHECKED: 02-14-2024 C.FOCERSON.PLS 28 AFTER RECORDING RETURN TO.- Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOOD URN,OREGON PUBLIC UTILITY EASEMENT Walsh Enterprises and Holdings, LLC, GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY a permanent easement and right-of-way, including the permanent Z:' right to construct, reconstruct, operate, and maintain public utilities on the following described land: &,e attached Exhibit "A "Legal Description qf'Permanent Easement and attached Exhibit "B"Sketch,for Legal Description cif Permanent Easement 14'hich are by this reference incorporated herein GRANTOR reserves the right to use the surface of the land for any purpose that will not be inconsistent or interfere with the use of the easement by the CITY No building,permanent structures, or fences shall be placed upon, under or within the property subject to the foregoing easement during the term thereof without the written permission of the CITY Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein. The true consideration of this conveyance is zero dollars ($0), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the above- granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, though, or under GRANTOR. DATED this/— IbA day of U , 2024. Walsh Enterprises and Holdings, LLC Public Utility Easements (Permanent) PAGE I OF 4 29 CORPORATE ACKNOWLEDGEMENT STATE OF OREGON, County of vim'\ ss. The foregoing instrument was acknowledged before me this '"L day of 20 by , as 'a " " of ` `ado a corporation and the foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. 4 FFICIAL STDM P TONYA BRUNICK i NOTARY PUBLIC-OREGON COMMISSION NO. 1021013 NOTARY PUBLIC FOR OREGON MY COMMISSION EXPIRES FEBRUARY 16,2026 My Commission Expires: CITY OF WOODBURN 270 Montgomery Street Woodburn, OR 97071 Walsh Enterprises and Holdings, LLC 2175 N. Pacific Hwy Woodburn, OR 97071 By Signature below, the City of Woodburn, Oregon Approves and Accepts this Conveyance Pursuant to ORS 93.808. City Recorder: Heather Pierson Public Utility Easements (Permanent) PAGE 2 OF 4 30 EXHIBIT A Legal Description of Easement Area PUBLIC UTILITY EASEMENT DESCRIPTION A 16.00-FOOT STRIP OF LAND OVER, ACROSS,AND UPON LOT 1, `INDUSTRIAL PARKADDITION NO. 2", THE SAME IS DESCRIBED AND RECORDED IN REEL 3142, PAGE 79, MARION COUNTY, OREGON,DEED RECORDS,BEING 8.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 1, SAID POINT BEING DISTANT 65.35 FEET NORMAL OFFSET OF THE CENTERLINE OF PACIFIC HIGHWAY EAST(HWY 99E),AND THE NORTHERN TERMINUS OF THE LINE BEING DESCRIBED HEREIN; THENCE SOUTH 3200521"WEST FOR DISTANCE OF 263.04 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 1, SAID POINT BEING DISTANT 66.08 FEET NORMAL OFFSET OF THE CENTERLINE OF SAID HIGHWAY, AND THE SOUTHERN TERMINUS OF THE LINE BEING DESCRIBED HEREIN. THE SIDELINES OF SAID 16.00-FOOT STRIP TO BE LENGTHENED AND SHORTENED TO TERMINATE AT THEIR RESPECTIVE BOUNDARY INTERSECTIONS. REG, RED PRO �IONAL N V E 30 ARC ` 14,2023 GN €31040 Public Utility Easements (Permanent) PAGE 3 OF 4 31 LOT 1 OF "INDUSTRIAL PARK ADDITION NO. 2" REAL PROPERTY IN NE 1/4 OF SECTION 08 TOWNSHIP 5 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN CITY OF WOODBURN, MARION COUNTY, OREGON LOT2 "INDUSTRIAL PARK / 20 ADDITION NO.2" 40 / SCALE 10 FEET POINT OF BEGINNING LOT 1 "INDUSTRIAL PARK ADDITION NO. 2" REEL 3142, PAGE 79 0 16.0'PUBLIC UTILITY EASEMENT a � a o / o / 66�(:9 / y4 / S z LEGEND: E�EGI� ''E RE D k FOUND MONUMENT PRO' f-�916 jj L CALCULATED POINT Y. A j �. �, O R EXHIBIT- B SEWER- PUBLIC UTILITY EASEMENT ; ENGINEERING SCALE: Ip E t723 2564 19TH St SE PROJECT NO.: 1"=40' O R�E�I Salem, Oregon 97302 15-542IwEl & ' (503)399-3828 DATE: - C- o: www.leiengineering.com 02-14-2024 O F O REGO IV cRECKED: C.FOGERSON.PLS 32 Ig -,49W& WWODBURN Inc orpornreA 1889 July 22, 2024 TO: Honorable Mayor and City Council (acting in its capacity as the Local Contract Review Board) through City Administrator FROM: Curtis Stultz, Public Works Director SUBJECT: Award of Construction Contract for the Senecal Creek Bridge Repair Project RECOMMENDATION: Award the construction contract for the Senecal Creek Bridge Repair Project to the lowest responsible and responsive bidder, Civil West Construction, LLC, in the amount of $49,539.00. Staff is requesting approval of an additional $10,000 for this project as a contingency for potential change orders that may arise during construction. BACKGROUND: In the fall of 2023, it was discovered that the railing attached to the bridge which carries Senecal Creek Drive over Senecal Creek was beginning to fail. To protect the travelling public, it was determined that the rail could not be repaired and needed replacement. The scope of work includes the removal and replacement of the failed handrail, and the replacement of six (6) sidewalk panels. Bids for the Project were publicly opened June 27, 2024. Six (6) bids were received, and the results are as follows: Civil West Construction, LLC $49,539.00 Auden Construction, LLC $73,400.00 Bent, LLC $78,940.00 D&D Concrete & Utilities, Inc. $85,000.00 Nataly's Construction LLC $90,310.00 Legacy Construction, Inc. $96,790.00 The Engineer's Estimate for the project was: $88,909.64 Agenda Item Review: City Administrator_x City Attorney_x_ Finance_x 33 Honorable Mayor and City Council July 22, 2024 Page 2 The recommended award is approximately 44% lower than the Engineer's Estimate. DISCUSSION: The contract award is in conformance with public contracting laws of the State of Oregon as outlined in ORS Chapter 279C, and the laws and regulations of the City of Woodburn. FINANCIAL IMPACT: The subject project is identified in the adopted fiscal year 2024/25 Budget and funded by the Street & Storm Capital Construction Fund (Fund 363). 34 4?4 �i �" Ag4,-.44 fun.- WWODBURN In or� arn reA 188 July 22, 2024 TO: Honorable Mayor and City Council through City Administrator THRU: Marty Pilcher, Chief of Police FROM: Keith Kimberlin, Lieutenant SUBJECT: Liquor License Application for Restaurante and Cantina Los Dos Compas En Casa Marquez LLC RECOMMENDATION: Recommend that the OLCC does NOT approve the Liquor License Application for the business Restaurante and Cantina Los Dos Compas En Casa Marquez LLC based upon the attached Findings. BACKGROUND: Applicant: Luis Fernando Paniagua Fernandez 765 N. Pacific Highway #5 Woodburn, OR 97071 971-216-2590 Point of Contact: Luis Fernando Paniagua Fernandez 765 N. Pacific Highway #5 Woodburn, OR 97071 971-216-2590 Business: Restaurante and Cantina Los Dos Compos En Casa Marquez LLC 553 Front Street Woodburn, OR 97071 971-216-2590 Owner(s): Luis Fernando Paniagua Fernandez 971-261-2590 Agenda Item Review: City Administrator_x_ City Attorney_x Finance_x_ 35 Honorable Mayor and City Council July 22, 2024 Page 2 License Type(s): Full On-Premises, Commercial - May sell and serve distilled spirits, malt beverages, wine, and cider for consumption at the business location. May sell malt beverages for off-site consumption in securely covered containers provided by the customer. May sell cocktails and wine to-go in sealed containers as of June 11, 2021 . Food service required. Must purchase distilled liquor only from an Oregon Liquor store, or from another full On-Premises Sales licensee who has purchased the distilled liquor from an Oregon Liquor store. On June 11 , 2024, the Woodburn Police Department received an application for Full On-Premises commercial sales for Restaurante and Cantina Los Dos Compos En Casa Marquez LLC. The business is stated to be opening as a new Restaurant and Bar at the location of 553 Front Street, which has previously operated under the name Casa Marquez Mexican Grill & Cocktail. The seating capacity is 34 for the entire location. The hours of operation for the business are listed as LOAM to 8PM Tuesday through Sunday, and closed on Monday. The only noted entertainment will be for recorded music at the location. The Woodburn Police Department has not received any communication from the public or surrounding businesses in support of or against the proposed applicant. DISCUSSION: The Police Department has completed a background investigation of Restaurante and Cantina Los Dos Compos En Casa Marquez LLC., and the listed owner, Luis Fernando Paniagua-Fernandez, running their information through various police databases and business-related databases. Background on Luis Fernando Paniagua-Fernandez Of noted concern when completing the background check was that Mr. Paniagua-Fernandez was arrested and charged with a DUII with a BAC fail in November 2021 . At the time of Mr. Paniagua-Fernandez's arrest, he was only eighteen (18) years old. It should be noted that as part of the disposition of the DUII charge, Mr. Paniagua-Fernandez completed a DUII diversion program through Marion County correctional services. Additionally, in September 2022, Mr. Paniagua-Fernandez's vehicle was involved in a crash hit and run wherein an unidentified driver failed to report the incident and left the scene of the vehicle before police were able to arrive. When Mr. Paniagua-Fernandez was contact by police following the incident, he denied 36 Honorable Mayor and City Council July 22, 2024 Page 3 being the operator of the vehicle, but he could not explain where his car was or why it was not in his driveway. While no citations or charges were filed against Mr. Paniagua-Fernandez as a result of that incident, it was noted in the police report that Mr. Paniagua-Fernandez had a strong odor of alcohol emanating from his person when he was talking with the responding police officer. Background on Business Location (553 Front Street) While the application for Restaurante and Cantina Los Dos Compos En Casa Marquez LLC has been submitted as a "New Outlet," the physical business location is currently run as a restaurant and bar with a similar name. Police have responded to that location four times over the last year due to criminal activity: • Case No. 2023-00008905, Criminal Mischief III (Vandalism) - July 2023 • Case No. 2023-0001 1369, Assault IV, Criminal Mischief I (Crime Damage) - September 2023 • Case No. 2023-00013131 , Criminal Mischief II (Vandalism) - October 2023 • Case No. 2024-0002638, Menacing, Unlawful Use of Weapon - March 2024 Given all the information we have received, the Woodburn Police Department is recommending that the City Council recommend denial of the OLCC Liquor License Application for Restaurante and Cantina Los Dos Compos En Casa Marquez LLC for the following reasons: • The Applicant has demonstrated a habit of using alcoholic beverages to excess and is not of good repute or moral character; • There is a history of serious and persistent problems involving disturbances, lewd or unlawful activities or noise in the premises proposed to be licensed and/or involving patrons of the establishment in the immediate vicinity of the premises, which are related to the sale or service of alcohol; • Public interest or convenience does not demand a license at this location wherein the licensed premises will be located in an area of downtown Woodburn that already has 13 other licensed premises, has a history of serious or persistent problems with unlawful activities, noise or disturbances, and the applicant has no prior relevant experience in operating a licensed premise. FINANCIAL IMPACT: None Attachments: • Findings of Fact 37 Findings Supporting the City of Woodburn's Local Government Recommendation that OLCC deny the Liquor License Application for Restaurante and Cantina Los Dos Compos En Casa Marquez LLC for Licensed Premises at 553 N. Front Street,Woodburn, Oregon. FINDINGS OF FACT Nature of the Application A. On June 11, 2024, the City of Woodburn ("City"), through the Woodburn Police Department, received a liquor license application ("Application") from Restaurante and Cantina Los Dos Compos En Casa Marquez LLC (the "Applicant"). B. The Applicant is seeking a local government recommendation from the City, as is required by law. C. The Application is for a"Full On-Premises, Commercial" license. This would allow the Applicant to sell and serve distilled spirits, malt beverages, wine, and cider for consumption at the business location; to sell malt beverages for off-site consumption in securely covered containers provided by the customer; and to sell cocktails and wine to- go in sealed containers with food service required. D. The licensed premises would be located at 553 N. Front Street, in the center of downtown Woodburn. E. The hours of operation would be 10 a.m. to 8 p.m., Tuesday—Sunday (closed Monday). F. Entertainment at the premises would include recorded music. G. The business would have seating for 34 patrons and no outside seating. (See Exhibit 1) Applicant's Prior History with Alcohol & Issues of Trustworthiness A. Mr. Paniagua-Fernandez was arrested and charged with a DUII with a BAC fail in November 2021.At the time of Mr. Paniagua-Fernandez's arrest, he was just eighteen (18)years old. (See Exhibit 2) B. As part of the disposition of his DUII charge, Mr. Paniagua-Fernandez completed a DUII diversion program through Marion County correctional services, which concluded in January 2023. (See Exhibit 3) C. In September 2022, Mr. Paniagua-Fernandez's vehicle was involved in a crash hit and run wherein an unidentified driver failed to report the incident and fled the scene and the crashed vehicle before police were able to arrive. The vehicle was located by police showing significant damage and deployed airbags after it appeared to have hit a number FINDINGS OF FACT Page 1 of 5 38 of street trees and a fire hydrant along Kirksey Street in Woodburn. Several empty beer bottles were also located inside the vehicle. When Mr. Paniagua-Fernandez was contact by police in the immediate hours following the incident, he denied being the operator of the vehicle, but he could not explain where his car was or why it was not in his driveway. While no citations or charges were filed against Mr. Paniagua-Fernandez as a result of that incident, it was noted in the police report that Mr. Paniagua-Fernandez appeared to be in street clothes at the time police contact him, even though he claimed to have been sleeping, and he had a strong odor of alcohol emanating from his person when he was talking with the responding police officer. (See Exhibit 4) Proposed Licensed Premises Location &Problematic History A. The site of the proposed licensed premises is located at 355 North Front Street in downtown Woodburn. B. Downtown Woodburn is an area of the City that has a history of persistent problems with unlawful activities involving drugs and alcohol. (See Exhibit 5) C. OLCC records show that there are already 13 licensed premises in the Woodburn downtown (See Exhibit 6). D. The application for Restaurante and Cantina Los Dos Compos En Casa Marquez LLC has been submitted as a"New Outlet,"however, the physical business location has been run as a restaurant and bar with a similar name for many years ("Casa Marquez Mexican Grill & Cocktail"). Police have responded to that location four times over the last year due to problems involving disturbances and unlawful activities in the premises or by patrons in the immediate vicinity of the premises. Below is a summary of each incident: • Case No. 2023-00008905, Criminal Mischief III (Vandalism): Reported disturbance that started in the bar and resulted in a bottle being thrown at a vehicle outside the business (July 2023). (See Exhibit 7) • Case No. 2023-00011369,Assault IV, Criminal Mischief I(Crime Damage): Report of domestic disturbance inside the business location that included a reported assault of another patron (September 2023). (See Exhibit 8) • Case No. 2023-00013131, Criminal Mischief II (Vandalism): Report of a very intoxicated individual that was refused further service and then broke the window of the business (October 2023). (See Exhibit 9) • Case No. 2024-0002638, Menacing,Unlawful Use of Weapon: Report of a disturbance in the bar that included an aggressive confrontation and later a patron following another out of the bar and producing a handgun (March 2024). (See Exhibit 10)i E. Applicant has no prior relevant experience in operating a licensed premise. 1 Exhibits 8-10 are provided in an abbreviated redacted format pursuant to Oregon Public Records Law exemptions ORS 192.345(l)and(3). FINDINGS OF FACT Page 2 of 5 39 APPLICABLE LAW A. OAR 845-005-0308—Valid Bases for Adverse Local Government Recommendation (3) For the unfavorable recommendation of a local governing body to be valid, the grounds must be found in the license refusal bases of ORS 471.313(4), 471.313(5), OAR 845-005-0320, 845-005-0325, or 845-005-326, or the license restrictions bases of 845- 005-0355, and must be supported by reliable factual information. B. ORS 471.313 —Grounds for Refusing to Issue License or for Issuing Restricted License The Oregon Liquor and Cannabis Commission may refuse to issue a license, or may issue a restricted license, to any applicant under the provisions of this Chapter if the commission has reasonable ground to believe any of the following to be true: (1) That there are sufficient licensed premises in the locality set out in the application, or that the granting of a license in the locality set out in the application is not demanded by public interest or convenience. . . . (4) That the applicant: (a) Is in the habit of using alcoholic beverages, habit-forming drugs or controlled substances to excess. (f) Is not of good repute or moral character. (5) That there is a history of serious and persistent problems involving disturbances, lewd or unlawful activities or noise either in the premises proposed to be licenses or involving patrons of the establishment in the immediate vicinity of the premises if the activities in the immediate vicinity of the premises are related to the sale or service of alcohol under the exercise of the license privilege. Behavior which is grounds for refusal of a license under this section, where so related to the sale or service of alcohol, includes, but is not limited to obtrusive or excessive noise, music or sound vibrations; public drunkenness; fights; altercations; harassment; unlawful drug sales; alcohol or related litter; trespassing on private property; and public urination. . . . C. OAR 845-005-0325—License Refusal Reasons:Applicant Qualifications The Commission may refuse to license an applicant if any of the criteria in this rule apply. FINDINGS OF FACT Page 3 of 5 40 (4) The applicant has a recent history or record of using alcohol or controlled substances to excess. D. OAR 845-005-0326—License Not Demanded by Public Interest or Convenience ORS 471.313(1) allows the Commission to deny a license that public interest or convenience does not demand. The following are some of the public interest or convenience reasons for which the Commission may deny a license unless the applicant shows good cause to overcome the criteria. (3) Problem Areas: (a) The licensed premises will be located in an area that has a history of serious or persistent problems with unlawful activities, noise or disturbances. These problems need not be alcohol-related. CONCLUSION A. The City Council's unfavorable local government recommendation is based on the license refusal bases of ORS 471.313(4), 471.313(5), 845-005-0325, and 845-005-326 and is supported by reliable factual information. B. The Applicant's recent DUII arrest occurred in late 2021 when the applicant was just eighteen years old. In a second encounter with police less than a year later(September 2022), while Applicant was still under supervision with Marion County Corrections, and following a crash involving Applicant's vehicle,Applicant was again observed as being under the influence of alcohol.Accordingly, given this recent history of an underaged individual using alcohol to excess, OLCC should find that the Applicant's liquor license is not in the public's interest and the Application should be denied. C. During the incident in September 2022 involving the Applicant's vehicle being involved in a crash hit and run,Applicant was considered by Woodburn police officers to be less than truthful, candid, or forthright concerning his whereabouts during the incident or the status of his vehicle. While Mr. Paniagua-Fernandez would not admit to being the operator of the vehicle, it remains troubling that the involved vehicle was registered in his name and he could not account for the whereabouts of his vehicle or why it was not in the driveway of his residence. When being questioned by Woodburn police, Mr. Paniagua- Fernandez was also observed as being in street clothes when he had allegedly just been sleeping and he had a strong odor commonly associated with that of an alcoholic beverage emanating from his person.Accordingly, given the heightened concern about Applicant's past behavior and lack of cooperation and candor with local law enforcement, OLCC should find that the Applicant's liquor license is not in the public's interest and the Application should be denied. D. OLCC has a statutory authority to refuse a liquor license where there is a history of serious and persistent problems involving disturbances, lewd or unlawful activities or FINDINGS OF FACT Page 4 of 5 41 noise either in the premises proposed to be licensed or involving patrons of the establishment in the immediate vicinity of the premises if the activities in the immediate vicinity of the premises are related to the sale or service of alcohol under the exercise of the license privilege. Based on police records for the location of the proposed licensed premises, there have been at least four troubling calls for service with associated criminal activity at this location in the past year. Incidents have included assault, vandalism, menacing, and unlawful use of a weapon (See Exhibits 7-10).Accordingly, since there has been this history of serious and persistent problems at the premise location, the Application should be denied. E. The proposed licensed premises, located at 355 North Front Street, is in the heart of downtown Woodburn. Despite extensive efforts by the City to improve and enhance the quality of life downtown for all Woodburn residents, the downtown area still has a history of persistent problems with unlawful activities involving drugs, alcohol, and other crimes. This is well documented by Woodburn Police Department records (See Exhibit 5). Under OAR 845-005-0326(3), the burden is on the Applicant to show that alcoholic beverage sale or service will not contribute to further downtown problems and the Applicant has not done this. Furthermore,Applicant has no prior relevant experience operating a licensed premise. F. OLCC has a statutory authority to refuse a liquor license where it determines that there are already sufficient licensed premises in the locality set out in the application. Based on OLCC's records, there are currently 13 licensed premised in the Woodburn downtown core (See Exhibit 6).Accordingly, since there are already sufficient licensed premises in the Woodburn downtown, the Application should be denied. G. Accordingly, the City Council's local government recommendation to deny the liquor license for Restaurante and Cantina Los Dos Compos En Casa Marquez LLC, which is pending before OLCC, is valid and supported by these findings, and OLCC should deny the Restaurante and Cantina Los Dos Compos En Casa Marquez LLC liquor license. FINDINGS OF FACT Page 5 of 5 42 LIQUOR LICENSE APPLICATION amity of wQodburr - 270 t4o,nt alnery st. Receipt ml: ?024-bCO89502 Page 1 of 4 F r wn. RESTAURA14TF AND CANTINA LOS DO$ C. EV, CASE MARQUEZ-ILIQUO; Check the appropriate license request option, 06/li/2024 4.*12!S2 PM a�2119 - OTher Licenses LK New OutCet 10 0 Greater Privilege [3 6�qS Feceipt TOTal 100,00 Select the license type you are applying for. Total charge, -------100.00 `otsl aemitted More information about all license types is available online. TOTal Received Full On-Premises Thank you fix- your paynenV Customer- COPY XClommercial 0CAL'GOVE reurn, this After pr"Ong PUT OCaterer Y reclo,m, eno on, fqrm,to,the ap fVVI: 0 Public Passenger Carrier rnark6d bell"OW 00th:er Public Location Name of City OR Coaunty.'(w,bb,ih 0 For Profit Private Club 2170 moftgam barn . ery St. r Nonprofit Private Club .Mea� ro II-in.114"I"Wo Winery 0 Primary location .0-ate,appificatibn reteived: - - Recei Bel Additional locations: E12nd 03rd D4th 05th Ppfidhal. Date,Sta tarn ved OW Brewery 0 Primary location A Additional locations, 02nd 123rd Brewery-Public House rJ Primary location Additional locations. 132nd Ord Grower Sales Privilege -0 Retomfii Ond th'i .1i.ce.ris6�be.-,gra'ni.ted OPrimary location I dth e o RL,�comme n islilcens�,be�d'- MW' ' Additional locations: 1-12nd 1713rd 'No,114�cpmwendatlan/1�6utrail Distillery 0 Primary location Additiional tasting locations: (Use the DISTT form HERE) nht6d Marne, Date 13 Limited On-Premises F1 Off Premises Slenatpre [3 Warehouse n Wholesale Malt Beverage and Wine FWSTAU"ITE AND CANTINA LCS 006 C OMPAS EN CASH MARC UEZ LLC Trade Name EXHIBIT._'___. 43 Page 1 of 12 Rn1%Q R LICENSE APPLICATION Page 2 of 4 APPLICANT CA T INFORMATION Identify the applicants applying far the licen se,This is the entity (example: corporation or LLCM or individual{s) applying for the license. please add an additional page if more space is needed.. Name of entity or individual applicant#1: Name of entity or individual applicant##Z: Luis Fernando 'Pani gua Fernandez Marne of entity or individual applicant## : Name of entity or individual applicant#4: BUSINESS INFORMATION Trade NaraG,re of the Business(name customer:will say}, RESTAURANTS AND CANTINA LOS DOS COMP'A'S EN CASA MARQUEZ LLC Premises street address(The physical IMacatfan of the bus�ness anoi where the liquor license MR be pasted): 553 N Front s _..a rty� Zip Code: County: marion Business phone number. Business errrall: 71 16 2 9 y by snarl as described in QA .-. ._ Business mrraola"rt address(where we will send an iter�rs -- _0 4-1 S 1 .). 65 S pacific b y Emit 5 City, State: Zip Cade: Woodburn ---JOR �97071 Does the business address currently have an O LCC lees the business�address currently have are OLCC. liquor license?JKYes ONo � marijuana license. []Yes [@ Io APPLICATION CONTACT IRF510I"��'51—Orovide fhe pant a#-cQkactfor tl is a' pllcatl of#m7n;ividualls-327 an applicant or llc"ensee the Authorized RepresentatNe,pc+rrn must°be compleli4laricksobrrilted wfth this appli tion ,, Application Contact Name: Luis Fernando P'an a ua Fernandez �Phone number- Email.:« 44 Page 2 of 12 LIQUOR LICENSE APPLICATION Page 3 of 4 TERMS-:: •"Real property" means the real estate (land) and generally whatever is erected or affixed to the land (for example,the building) at the business address. +"Common area" is a privately owned area where two or more parties(property tenants) have permission to use the area in common. Examples include the walking areas between stores at a shopping center, lobbies, hallways, patios, parking lots, etc.An area's designation as a "common area" is typically identified in the lease or rental agreement. ATTESTATION OWNERSHIP AND CONTROL OF THE BUSINESS AND PREMISES. +Each applicant listed in the "Application Information" section of this form has read and understands OAR 845-005-0311 and attests that: 1. At least one applicant fisted in the "Application Information" section of this form has the legal right to occupy and control the real property proposed to be licensed as shown by a property deed,lease, rental agreement,or similar document. 2. No person not listed as an applicant in the "Application Information"section of this form has an ownership interest in the business proposed to be licensed, unless the person qualifies to have that ownership interest waived under OAR 845-005-0311. 3. The licensed premises at the premises street address proposed to be licensed either: a. Does not include any common areas; or b. Does include one or more common areas; however, only the applicant(s) have the exclusive right to engage in alcohol sales and service in the area to be included as part of the licensed premises. • In this circumstance,the applicant(s) acknowledges responsibility for ensuring compliance with liquor laws within and in the immediate vicinity of the licensed premises, including in portions of the premises that are situated in "common areas" and that this requirement applies at all times, even when the business is closed. 4. The licensed premises at the premises street address either: a. Has no area on property controlled by a public entity(like a city,county, or state); or b. Has one or more areas on property controlled by a public entity(like a city, county, or state) and the public entity has given at least one of the applicant(s) permission to exercise the privileges of the license in the area. RESTAURANTE AND CANTINA LOS DOS COMPAS EN CASA MARQUEZ LLC _. -EXH.LBLT.A.- 45 Page 3 of 12 LIQUOR LICENSE APPLICATION RESTAURANTS AND CANTINA LOS DOS COMPAS EN CASA MARQUEZ LLC Page 4 of 4 Applicant Signature(s): Each individual listed in the applicant information box on page 2 (entity or individuals applying for the license) must sign the application. If an applicant listed in the applicant information box on page 2 is an entity(such as a corporation or limited liability company), at least one member or officer of the entity must sign the application_ Each applicant listed in the "Application Information" section of this form has read and understands OAR 845-006-0362 and attests that: 1. Upon licensure, each licensee is responsible for the conduct of others on the licensed premises, including in outdoor areas. 2. The licensed premises will be controlled to promote public safety and prevent problems and violations, with particular emphasis on preventing minors from obtaining or consuming alcoholic beverages, preventing over-service of alcoholic beverages, preventing open containers of alcoholic beverages from leaving the licensed premises unless allowed by OLCC rules, and preventing noisy, disorderly, and unlawful activity on the licensed premises. I attest that all answers on all forms and documents, and all information provided to the OLCC as a part of this application, are true and complete. Luis Fernando Paniagua Femandez !,,` 06/10/2024 Applicant name Signature Date Applicant name Signature pp g ure Date Applilcant name Signature Date Applicant name Signature Date Applicant/Licensee Representative(s): If you would like to designate a person/entity to act on your behalf you must complete the Authorized Representative Form. You may submit the form with the application or anytime thereafter.The form must be received by the OLCC before the representative can receive or submit information for the applicant. Please note that applicants/licensees are responsible for all information provided, even if an authorized representative submits additional forms on behalf of the applicant. ..EXHIMT•1- 46 Page 4 of 12 �""� ,may fin, LIQUOR Q O��'"yy �qY CANNABIS ��,��qq py�y(t COMMISSION MM p�p,,�a{{ II�^y mom �r"S��'tJl� 4..1� ��'h. SZG t.,wr�liVr�'&�r7F� "V1J�&WNNYl1'wl.'�.1' INDIVIDUAL HISTORY FORM t. Name(Print): �Fernandez Panj gula Luis Fernando Last First ......., Middle 2.Other names used(maiden,other), I Do you have a Social Security Number(SS )issued byrthe United States.Social Security Administration?YeSEK Flo If yes,you must list your SSN11IIIIIIIIIIIII your Social Security Number SSN to the Oregon Ls savor Controll Commission oLCC for ch�m m n SOCIAL SECURITY NUMBER DISCLOSURE:As part of your application for are initial or renewal license,FederalN and State laws requ;re you to provide y'� (SSN) � � d � iilr�support enforcement purposes Qua uaSC§666la)(1 ) ORS 2 5.7 5)1, Nf you are an applicant oir licensee and faill to provide your SSN,the OI_CC may refuse to process your application,Your SSN Mll be ?, used only for child support enforcement purposes unless you indicate below. f. lased on our awithorhy under ORS 471.»Its and OAR 45-005-0312.(fl,we are requesting youry2fl_ntAwy c resent to use your SSN for the folllrawIn i administrative purposes oallyn to match your license application to your Alcohol Server Education records(where applicable),and to ensure your i Identity for criminal records checks..OLCC will not decay you any rights,benefl�ts or privileges otherwise provided by law if you do not consent to use W, of your SSN for these. . t administrative (5,J5C 552(a)4. Leo you,consent to the OLCC's use of my SSN as described above" Check this box: S.gate of Birth(D108): (rnrrn). (dd) (my) Ea. Driver license or State ID 7.State OR S,Contact Phone �� S. E-mail Address. 20,Mailing Address. 755 S Pacific Hwy lint 5 Woodburn OR 9707 (Number and Street) (City) (State) (Zip Code) 11.In the past 10 years,have you been convicted of a felony or a misdemeanor in a U.S.state outside of:Oregon No Yes-0(if yes,explain in the space provided,below) Unsure Choose this option and provide an explanation if, For example-.you were arrested or went to court,but are unsure of whether there was a.corrvictiora,you paid a fine or served probation or parole, but are unsure of whether there was a conviction,or if you know you had a conviction,but you are unsure of whether the conviction has been removed from your record,arc„ y ( Rev. '1 1.27.23 Page 2 of S EXHIBIT 1 47 Page 5 of 12 OREGON LIQUOR & CANNABIS COMMISSION INDIVIDUAL HISTORY FORM 12, Do you,or any entity that you are a part of,current or have you previously,held a recreational marijuana license in Oregon?(Tote:marijuana worker permits are not marijuana incenses No El Yes El Tease list 4censes(and year(s)licensed)below Unsure El Please include ain explanation:. 13.Do you,or any entity that you are a part of',hold an a€cohol license in a U.S.state outside of Oregon? No Yes-El please list licenses(and years licensed) below unsure Please include an explanation: r p 1 14.too you or any entity that you are a part of,have any other liquor Ncense applications pending with the OLCC?' No Yes EL please list applications below Unsure 0 Please include an explanatiow i e C You roust sign your own forma(electronic signature acceptable). Another individual,such,as your attorney or an"individual with power of attorney,may not sign your form. Affirmation Even if 1 receiver assistance in completing this form,l affirm by my signature below,that my answers on this torah are true and complete. 1 understand the OLCC will use the above information to check my records,including but not limited)to my criminal history. I understand that if my answers are not true and complete,the OLCC may deny my license application, pp E Name(Print): Fernandez Pania a Luis �Fernando fast Middle /10/20 4 Signature: �' � mate: This box for OLCC use ONLY Does the individual currently hold,or has the individual previously held,an DLCC-issued liquor license?„ Ry.tt. ?. a' lla' 'e 3 of 3 EXHIBIT 1 48 Page 6 of 12 REGON LIQUOR & CANNABIS O l" SSION BUSINESS INFORMATION Pie,ass Print or Type App Iican t NaMe:Luis Ferraanda,Paniaagua Fernande? �. hone: Trade Name (diva):RIESTALURANTP AND CANTINA LOS 008 COMPASN CA A MARQ UEZ LLc Business Location tion Address: 53 NFU Front t City'.ftod wn _ ... m. . . .. ZIP Code.97071 , Business Hours- Outdoor Area Hlours: The outdoor area is used for- Sunday 10 tog Sunday to I3 Food service Hours: �to. Monday closed � 8 tvimrda ©Aaichaal service U�caaa : � .......to Tuesday ......_... ...._.... Y 10 "Tuesday Wednesday 10 to, s Wednesday to 0 Enclosed,how Thursday 10 to 8 Thursday to The exterior area is adequately viewed andlor Friday 10 to a Friday to supervised by service Perm ttees. Saturday 10 tag a Sa,turday to (Investigator's Nnitiak) Seasonal Variations: [ 'Yes ll No if yes, explain: heck ALL that apply; 0 t.i've Music lu Karaoke �i Recorded Music El Coin-operated Gams Sunday to Monday 10 DJ Music []Vdeo Lottery'Machines Tuesday to11 'n� ay to Dancing 0 dude Dancingsocial Gaming Wednesday to 13 Live Entertainment Pool Tables Friday to Miner Entertainers Other-, Saturday to *Minor Entertainers in n area prohibited to minors need pricer approval from the O Cc far ON~.CC USE ONLY Investigator Verified eatUng;_(Y)—( ) Restaurant. � OutdoorL�uraa.� Investigator initials: Banquet: 0 Other(explain);0 Total Seating: 4 ate, i understand if rnyr answers are qot true and complete,the OLCC may deny rnyr ti'cense apply aldon. Applicant Signature: � Date:06110024 raaww.oregon.,go,v1b1cc EXHIBIT 1 49 Page 7 of 12 FULL ON-PREMISES, COMMERCIAL (F-COM) +� FULL ON-PREMISE , FOR-PROFIT PRIVATE CHUB (F-FP ) FOOD BI RVICE AFFIRMATION Applicant r Licensee Luis Fernando Pan aqua Fernandez Trade Name of the Business(Name Customers Will See) RESTALII A TE AND ANTIN:A LOS DOS COMPAS EN CASA MARQUEZ LLC. Business Address (Number, Street Address, City,and Zip Code) l affirm that i have read OAR 845-00 -f145t OAR 45-006-0460 and CAR 845-006-0466 and l affirm: 1 understand that",meal' means a food item,or combination of food items,prepared or cooked on the licensed premises that the Commission determines is a main course and is a serving of food sufficient to satisfy the appetite of one individual. Food items that are appetizers, snacks,and desserts do not qualify as a meal. Examples include, but are not limited to,popcorn, peanuts, chips„ a serving of food that is not sufficient to satisfy the appetite of one individual,and food uterus offered by the licensee as other than a meal. • t understand that"dining seats"means seating at tables or food counters as defined in OAR 845- 6- 034 ( )(I) located in areas of the licensed premises regularly open to the public where the Comm determines that each table top or seating area provides a minimum space that will accommodate a place setting consisting of a plate or dish, ,glassware„ napkin and uterasils for each seat. $eats at counters in entertainment areas and at bars as defined,in OAR 845-606-0640 do not qualify as dining seating. l will'have at leant 30 dining seats during a time period which must last at least two hours parlor to t 0.00,P.M. • l will male at least five different meals available at all times and in all areas where alcohol service is available. However, l may make fewer than five different meals available if the OLCC has determined that the clearly dominant emphasis in the areas with alcoholic beverage service is food service. l will always have a food preparation area and equripment on my licensed premises that are adequate. to meet the food service requirements of this license. • 1 am authorized to sign this form on behalf of the applicant or licensee.. Name (print) Lull Fernando Paniagua Fernandez Date 06/10/20244 4Qgrxattare J_ Page t of I EXHIBIT'1 , 50 Page 8 of 12 OregonLiquor Cannabis Commission1 n LIMITED LIABILITY COMPANY (LLC QUESTIONNAIRE r a r �. LL.0 Name RESTAURANT RESTAURANTE AND ANTIN'A LOS DOS,COMPASEN CASA MARQUEZ LLC Trade Marne of Bus,rn'ess(Name Customers Will See) The LLC named in this document is a(see page t for definitions): El Manager-Managed LLC _L_j Member-Managed LLC This section is O,INLY for a manage r-mana ed LLC. D'nreotions on e 1. You may nclucie information on a S to sheet.) Name of Mana, ita Member tease rent Name of �..,. lwtarr»��!g 9 �:rsi�es lease print Luis Fernando Paniagua Fernandez This section is for BOTH a manager-managed LLC and a member-managed LLC.(Directions on page t< You may include information on a se agate sheet Name of Member lease right Percentage of Issued membership held r This section is ONLY for an LLC with the fisted officers.(Directions on page, 111. You may include Information on a separate sheet. PresidentTitle Name.(pleas Fright _ _ . .....W. _ .... Secretary Treasurer 9 'ce president wvith responsibility over the operation of the business I SERVER EDUCATION DESIGNEE Directions on Me t Name tease nrnt Bate of Birth, Laois Fernando P'aniagua Fernandez tONATURE(Directions on page 1) All- d, r NAME of igninsg ersorn(pllease type or print) � � � ck DATE g&t Bit S104ATURE caf signing person(mays eleotsornncaliy sign) l This box for OLCC use ONLY Does the entity hold,or has it ever held,an OLCC-issued liquor license? Rev:2.t.23 Page 2 of 2 EXHIBIT 1 51 Page 9 of 12 OREGON LIQUOR &. CANNABIS COMMISSION FLOOR PLANS INSTRUCTIONS 1. Your floor plan MUST be submitted on the Floor Plan(Form below , Use a separate Flour Ppan Form for each level or floor of the building.The floor plan(s) must show the specific areas of your premises. . Label areas i.e, diinirg area,bar,lounge,lottery, outside patio and sidewalk cafe gees. 4. Food Counters should he labeled as such,and not as a.gar.At a Food Counter,food serwrice/consurrmp'tlun is the predominant actMty. At a Bar,alcohol service/consumption is the predominant activity. Please label Food Counters and Bars accordingly. , Include all tables and chairs. (See Example below) , If you have an outdoor area, please show it in reference to the licensed building, 7. if you have sidewalk seating(please contact your local government to see of a permit is required for use. g. If this is a Food Cart Pod please label the flour plan where the alcohol wbrtll be served from,where food will be served,,where the seating will be and any anther food carts that are In the pod. Please day not use complex architect draw fngs as your floor plan,unless they are clearly readable and show all the tables aind chairs. RESTAURANT EXAMPLE FOOD CART POD EXAMPLE CRC 6�Wauaa as CazVr r5Ca7ha 1P55C N OREGONUQUOR&CAMAJUSCtl}MWASSION FLOOR PLAN FORM FLOOR PLAN FORM "N'Wwrpwmw moist trs+�mke�mdr ti41�i 9rma M �Iwor pWuae�aM�rr la�MnK�MI'tirt Y+tlt 7wea fiats k�" cro �+xd d a 00 0 t tabary a d9 � d,. 'k .nn rr�arr :8 +a Famn L..a � IM a a a y 0 o �� +Vrwt�ttw a a�a - o as ar a a ass i -Fll � a aJ a ap a -a..a.,wew..'esaw�..nw+a dsManrcaaa�wa..r,+rcrs�.. EXHIBIT 1 52 Page 10 of 12 OREGON LIQUOR & CANNABIS COMMISSION FLOOD. PLAN FORM Year floor plan must be submitted on this farm Luis Fernando Paniagua Fernandez ROSTAURMTEANDGANTINALc DOS 0 P mr rA$A MAPAUEZL.0 Applicant Name Trade Name(d a) � R� lk O -Dff 0 8 96 ON Q 00 CDO, 6: 0 0 0 MCC USE NLY,—..... *�I POSTING ASSIGNMENTS). 53 Page 11 of 12 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, STATE OF OREGON NO. In the Matter of the Application of For a recommendation regarding the application to the Oregon Liquor Control Commission for RECOMMENDATION This matter corning before the Board of County Commissioners on the application of for a recommendation to the Oregon Liquor Control Corn rrissiion u der the provisions of OR$471 166,- and the Board having referred said application to the Sheriff of Marion County, Oregon,and having the report of said Sheriff that the applicant has not been convicted at a crime involving aviolation of the liquor control laws,or the gambling laws, or of crimes involving moral turpi-trade,and that the applicant is of good moral character,a citizen of the United States,of America, and otherwise qualified to be licensed under the Oregon Liquor Control Act: IT IS, THEREFORE RECOMMENDED TO THE OREGON LIQUOR CONTROL COMMISSION that the application of the above be refused_granted, Dated at Salem, Marion County, Oregon this_day of Commissioner ,County CQmmissioner County Commissioner Approved by_ County Sheriff Name of Licensee Hor6ekdress, Derta'of Eft'�. Luis Fernando Paniagua Fernandez, 7 5 S°pacjflc hv1y,unit S. Wo.cdbumC!R,97q-71-.-,-, Name of Business -;,Addr6ss of'Busine" .653"N Front st CANTINAW&DOS 'COMPAS EN CASA , Woodbum'OR,970,71 MARdVE-Z LLC I Managing a gent Dome..address Date 6f,Birth Luis Femando Paniagua,Fernandez S pa 0&hwy�unit 5L Wdodbum,,OR 97071 1, Furs Fernando P666gve Fernandez will'op6rate'rny eitablishrneni'accordlhgt6 the dt6tues and rules of the OLCC., I authodziMa&h C�oOn yto'c'on,duatbacks roLind,checks,iricluding criminal history che*, I also agree to.cooperate with agenciesof Marion County,in reviewing this application. 06(10/2024 Date. m . - ----- ---- � ujcancs signature. EXHIBIT I 54 Page 12 of 12 WOODBURN POLICE DEPARTMENT ARREST REPORT CASE NO.2021-00012876 1060 MT HOOD AVE,WOODBURN,OR 97071 ARREST LOCATION ARREST PATE/TIME REPORT PATE/TIME ARREST TYPE 1084 PANA STREET 11/13/2021 00:14 11/12/2021 23:37 Summoned Citation UBJECTCODE NAME(LAST,FIRST,MIDDLE) Adult PANIAGUA FERNANDEZ, LUIS FERNANDO LIAS#1 ALIAS#2 A R ADDRESS(STREET ADDRESS.CITY,STATE,ZIP) PRIMARY PHONE OTHER PHONE R 766 S PACIFIC HIGHWAY 5 (971)216-2690 E WOODBURN OR 97071- E OB AGE RACE SEX HEIGHT WEIGHT HAIR COLOR EVE COLOR DRIVERS LICENSE NO STATE T 18 Hispanic or Latino M 5 5 150 lack Brown OR E OCIAL SECURITY NUMBER SID NUMBER FBI NUMBER FINGER PRINT CONTROL NUMBER E -- CARS,MARKS,8 TATTOOS SCARS,MARKS,8 TATTOOS DDITIONAL #STATUTE/ORDINANCE# COMMIT/ATTEMPT COUNTS DESCRIPTION OF STATUTE/ORDINANCE n�src uo nx 1 813.010 Committed 1 DRIVING UNDER THE INFLUENCE OF INTOXICANTS C 2 H RECKLESS DRIVING A R G E S ARRESTING OFFICER Mitchell,Josh,, REVIEWING SUPERVISOR Titus,Christopher 11/14/2021 Arrest Report Two 2021-00012876 Pagel OF 1 EXHIBIT 2 55 Page 1 of 9 WOODBURN POLICE DEPARTMENT CASE# 2021-00012876 CASE REPORT 1060 MT HOOD AVE ®AXON VIDEO WOODBURN OR ❑AXON PHOTOS 97071 REPORTED DATEFIME OCCURRED INCIDENT TYPE CASE STATUS ~ 11/12/2021 23:37 DUII Closed b Arrest(Our enc a w OCCURREC FFOM DATEINME OCCURRED THRJ DATENME LOCA TON OF OCCURRENCE w 1084 PANA STREET 11/12/2021 23:37 11/12/2021 23:37 COODBURN / PANA CT STATI TFT)F.. RP ION ['[11NTS ATTFMPTC:"]MMIT 813.010 DRIVING UNDER THE INFLUENCE OF INTOXICANTS 1 Committed 811.140 RECKLESS DRIVING 1 Committed w u0 z w U. U. 0 SUBJECT TYPE NAME(LAST FIRST MIDDLE SUF=IX; Arrestee PANIAGUA FERNANDEZ LUIS FERNANDO F DOE ACE or ACE RANGE ADDRESS(STREET,CIT',---A-E,ZIP; w 18 765 S PACIFIC HIGHWAY 5 WOODBURN OR 97071 PACE SEX HEI3H-or RANGE 'IVEIGHi or RANGE HAIR. EYE Hispanic or Latino Male DL NUMBERr5-ATE PR.IMARV PHONE I PHONE TYPE OTHER.PHONE!PHONE TYPE SSN mm OR 971 216-2690 HOME SUBJECT TYPE NAME(LAST FIRST MIDDLE SUF=IX; Other PANIAGUA MILLAN ISRAEL F DOE AGE ur AGE RANGE ADDRESS(STREET,CIT',STA-E,ZIP; w 121 1084 PANA STREET WOODBURN OR 97071 PACE SEX HEI3H-or RANGE 'IVEIGHi or RANGE HAIR. EYE n Hispanic or Latino Male DL NUh6ERF-ATE PRIMAR4'PEON:I PHONE TYPE OTI IEF PI ZONE 1 PI IONC TYPE SSN OR SUBJECT TYPE NAME(LAST FIRST MIDDLE SUF=IX; Complainant JANSON, CHRISTINA MARIE F DOE AGE or AGE RANGE ADDRESS(STREET,GT-,STA-E,LIP; w 43 1054 PANA STREET WOODBURN OR 97071 m PACE SEX HEI3H-or RANGE 'HEIGHT or RANGE HAIR. EYE White Female DL NUhLiCRr,-ATE PPIMARY PI IONS/PI ICNC TYPE OTHER PHONE 1 PHONE TYPE SSN OR 503 312-2208 HOME REPORTING OFF ICEF DATE VIVVED BY Mitchell, Josh, 60298 11/12/2021FE Titus Christopher 11/14/2021 1 ❑F 6 CasjteppTf4jI§J7,r 2e 1 OF 5 56 Page 2 of 9 WOODBURN POLICE DEPARTMENT CASE REPORT CASE# 2021-00012876 1060 MT HOOD AVE WOODBURN OR 97071 VEHICLES as PROPERTY PROPERTY CODE PROPERTY TYPE VALUE ca 16-Suspect Vehicle Vehicle -Automobile -321 = VEH YR TYPEiMAHEMIODEL STYLE W 2017 1 Auto CHEVROLET SILVERADO I'- PLATE ISTATE VIN �TOPCOLOR BOTTOM COLOR ' W aQ- TB29745/OR 1GCUKREC8HF184261 Silver a ADDITIONAL DESCRIPTIVE INFORMATION a VEHICLE LUIS WAS DRIVING PROPERTY CODE PROPERTY TYPE VALUE W J = VEH YR TYPEiMAHEMIODEL STYLE W 9 Y PLATE ISTATE VIN TOP COLOR BOTTOM COLOR Id` W (L O IX ADDITIONAL DESCRIPTIVE INFORMATION a PROPERTY CODE PROPERTY TYPE VALUE W J V 2 VEH YR ITYPEIMAKENODEL STYLE W PLATE ISTATE �VIN TOP COLOR BOTTOM COLOR Q' W a O ADDITIONAL DESCRIPTIVE INFORMATION a PROPERTY CODE PROPERTY TYPE VALUE W J U = VEH YR ITYPENAKENCIDEL STYLE W PLATE ISTATE VIN TOP COLOR BOTTOM COLOR Q- W a O a ADDITIONAL DESCRIPTIVE INFORMATION PROPERTY CODE PROPERTY TYPE VALUE W J CS = VEH YR ITYPERAKENODEL STYLE W PLATE ISTATE �VIN TOP COLOR BOTTOM COLOR IQ' W a O ADDITIONAL DESCRIPTIVE INFORMATION a REPORTING OFFICER DATE REVIEWED BY Mitchell, Josh, 60298 11/12/2021 Titus, Christopher 11/14/2021 2 ❑F6 Casjt)( 4j I§J r 2e 2 OF 5 57 Page 3 of 9 WOODBURN POLICE DEPARTMENT CASE REPORT CASE# 2021-00012876 1060 MT HOOD AVE WOODBURN OR 97071 NARRATIVE REPORT BY: JOSH MITCHELL FORWARD TO: MARION COUNTY DA and DMV SUBJECT: PANIAGUA FERNANDEZ, LUIS CITATIONS: #85461 - DRIVING UNDER THE INFLUENCE OF INTOXICANTS (DUII) ORS 813.010 #85462- RECKLESS DRIVING ORS 811.140 SUMMARY: On 11/12/2021 1 responded to a suspicious vehicle at 1084 Pana Street, Woodburn OR 97071 with substantial front end damage. The caller had previously called in on the vehicle due to erratic driving. The caller called the first time because they believed the vehicle had crashed into something and police needed to be notified. I arrived to call shortly after other Woodburn Officers. We determined the vehicle was in a crash outside the city and determined who the driver was. While speaking with the driver he appeared intoxicated. The driver denied drinking any alcoholic since he arrived at the Pana Street address. I asked the driver to consent to Standardized Field Sobriety Tests (SFSTs) and he consented. I completed SFSTs with the driver and confirmed the driver was impaired .1 arrested the driver for DUII and Reckless Driving and transported him to the Woodburn Police Department (WPD). The driver submitted a breath sample and he was determined to have a .11% BAC. The driver was issued citations and given a ride to 1084 Pana Street. NARRATIVE: On 11/12/2021 at approximately 2349 hours, I was dispatched to 1084 Pana Street, Woodburn OR 97071 for suspicious vehicle with substantial front end damage. The caller, Christina Janson, advised there was a group of people gathered around a silver Chevrolet Silverado (TB29745) and she believed the vehicle was involved in the crash. Christina and her husband had called in numerous times earlier in the night about the same vehicle driving recklessly by their house. Earlier in the evening Cpl. Stewart had made a traffic stop on the vehicle (#21-12872) near Evergreen Road and Newberg Highway, Woodburn Oregon. Sgt. Titus and Cpl. Stewart arrived at 1084 Pana Street prior to me and spoke with Luis Paniagua Fernandez and Israel Paniagua Millan. Cpl. Stewart advised that Luis was the driver and sole occupant of the vehicle earlier in the evening, however, Israel said he was the driver when the truck was crashed. I arrived on scene and we determined Israel was not involved in the crash and Luis was, in fact, the driver of vehicle when he crashed it. Luis was asked where he crashed and he was not sure. Luis said he believed he crashed into a ditch and he did not hit any vehicles or hurt anyone. Cpl. Stewart requested the information of the crash be relayed to nearby police agencies. Both Keizer PD and Gervais PD advised they were not aware of any crash within their jurisdiction. I spoke with Israel and he told me Luis was the driver. Israel told me when Luis crashed he called Israel. Israel told me he offered to drive to Luis and pick Luis up. Israel told me Luis refused and drove the truck back to 1084 Pana Street. Israel told me the truck was no longer able to run but was legally parked on the roadway. I looked at the Silverado and observed it had severe passenger side front end damage and the front passenger side tire was flat. Israel told me when Luis got home he was mad he messed up his truck and was punching his vehicle. Israel told me Luis went inside the house briefly but came back outside. Israel told me Luis had been home for approximately 5 minutes before Woodburn Police arrived. REPORTING OFFICER DATE REVIEWED BY Mitchell, Josh, 60298 11/12/2021 Titus, Christopher 11/14/2021 3 ❑F6 CasibprtAMY Pe 3 OF 5 58 Page 4 of 9 WOODBURN POLICE DEPARTMENT CASE REPORT CASE# 2021-00012876 1060 MT HOOD AVE WOODBURN OR 97071 NARRATIVE (continuation) Israel told me Luis had been drinking and it was likely the reason he crashed. I spoke with Luis and noticed he had slightly slurred speech and dazed and lethargic demeanor. I asked Luis about why he crashed and he could not tell me why or where he crashed. I asked Luis what he did when he got back to the Pana Street after the crash. Luis told me he got home and spoke to Israel and was upset about his truck so he started hitting his truck. I asked if Luis went inside the house once he was home and he told me yes. I asked if he had drank any alcohol since he got back to the Pana Street address or when he went inside the house and Luis told me no. Luis admitted he did have 2 "Mike's hard lemonades"earlier before he crashed. I told Luis I believed he was impaired and asked if he would perform SFSTs and he told me he would. I walked Luis over to the sidewalk and began my SFSTs process. STANDARDIZED FIELD SOBRIETY TEST: I asked Luis if he had any head injuries, diabetes, medical impairments that would affect his balance and he told me no. At this point I could smell a strong odor of an alcoholic beverage coming from Luis' breath. HORIZONTAL GAZE NYSTAGMUS (HGN) TEST: I had Luis stand in the appropriate position for the test and explained the HGN test entirely. Luis told me he understood the instructions for the test. I checked Luis' eyes and observed equal pupil size, no resting nystagmus and equal tracking in both eyes. Luis exhibited the following validated clues. • Lack of smooth pursuit; both eyes • Distinct and sustained nystagmus at maximum deviation; both eyes. Luis during the test would not follow the stimulus so I had to complete more passes then usual. WALK AND TURN (WAT) TEST: I told Luis to imagine a straight line on the sidewalk for the WAT test. Luis told me he would rather use a line on the roadway for the test. Luis completed his WAT test on the roadway. I had Luis stand in the appropriate position for the test and told him to stay in the position until he was told to start the test. Luis told me he understood. I explained and demonstrated the WAT test and Luis told me he understood the instructions. Luis exhibited the following validated clues. • Fail to maintain balance • Improper turn; small, shuffling, steps with both feet to turn. Lifted his lead foot of the ground for the turn •Wrong number of steps; 10 steps down, 10 steps back ONE LEG STAND (OLS) TEST: I had Luis stand in the proper position on the sidewalk and explained and demonstrated the OLS stand test entirely. Luis told me he understood the test. Luis exhibited the following validated clues. • Sways • Puts foot down REPORTING OFFICER DATE REVIEWED EY Mitchell, Josh, 60298 11/12/2021 Titus, Christopher 11/14/2021 4 ❑F6 Casibprt,2QMY Pe 4 OF 5 59 Page 5 of 9 WOODBURN POLICE DEPARTMENT CASE REPORT CASE# 2021-00012876 1060 MT HOOD AVE WOODBURN OR 97071 NARRATIVE (continuation) I asked Luis on a scale from 1 to 10; 1 being completely sober, 10 being fall down drunk, where would he put himself in terms of his intoxication. Luis told me he believed he was a 2 out of 10. 1 asked Luis if he felt he was able to safely operate his vehicle tonight and he told me yes. I expressed that I did not believe he could safely operate the vehicle since he crashed. At approximately 0014 hours, Luis was placed under arrest for DUII and Reckless Driving. I searched and placed Luis in the back of my patrol vehicle. Cpl. Stewart looked inside Luis'vehicle and found opened containers of alcohol. Cpl. Stewart took photos of the truck (ADS-2). The truck was legally parked and was left at the location. I transported Luis to the Woodburn Police Department. At approximately 0032 hours, I began my observation period with Luis, after I checked the inside of his mouth and observed nothing of concern. At approximately 0033 hours, I read Luis his Miranda Rights from a prepared card and he advised he understood his rights. During my observation period, I stayed within approximately 6 feet of Luis and I read him Section 1A of the Implied Consent Form. I asked Luis if he would submit to a breath test and he told me he would. At approximately 0050 hours, I ended my observation period after I checked Luis' mouth and saw nothing of concern. I asked Luis if he had vomited and he told me he did not. I explained to Luis how to successfully submit a breath sample to the Intoxylizer 8000 (SN#80-001581). Luis submitted 2 breath samples and it was determined he had a .11% BAC. I completed citations for DUII and Reckless driving and issued the citations to Luis. I provided him with a copy of his breath test results, a copy of the implied consent form and his copy of his temporary driver's permit. At approximately 0121 hours, I advised METCOM Luis had been cited and released from my custody. I gave Luis a courtesy ride to 1084 Pana Street, Woodburn OR 97071. My contact with Luis at 1084 Pana Street and the Intoxylizer process was recorded on my Axon body worn camera (JTM-1), refer to the video for specifics about this case. Case closed by arrest. REPORTING OFFICER DATE REVIEWED BY Mitchell, Josh, 60298 11/12/2021 Titus, Christopher 11/14/2021 6 ❑F6 Casibprt,2QMY Pe 5 OF 5 60 Page 6 of 9 IMPLIED J, NOTICE CAP SUSPENSION TEMPORARY DRiVPR PERMIT-POLICE REPORT TO DMV f (ORS 813.100,813 110 813,120,813 131„813.410,813,420 and 813.300) ADDRESS(GP EY, 6 __.,,. . .., 04 NAME OF[arronsep x�mztr rxcrr,� r a cast wrntaCcat w e uwdvt^ "w:e Ntrr Ct7lfC Lpo� �WLo d) wr rN� tv tl � .... . _�.. 6 , Y"ae r 11 err7/ �..t.ui,N,kYt"1V�F,riR' [yY .....�... .u._.w.�_iarrarae I rra�,eieesr irr i ooC e --- . .. ,.,_._. ---,._ ......... . _. ............. ..... ._..__ Yc a were arrested for driving under the lnfluenoae of intoxicants((JUH)aand you were asked to submit to a test under the Motorist Implied Consent Law.At the time the request was made,there were reasonable grounds to believe that you were driving under the;influence of intoxicants. Before Earning asked to submit to a test,you were informed of tine reacquired rights and consequences Information by the reporting officer or You were given a copy of this fornit and the Commercial Motor Vehicle(CMV)Implied Consent Addendum,of applicable,as wrltten notice,If requested,you were given a reasonable opportunity to contact counsel or others, Your driving privileges will be suspended at 12.01 A.M.on the 30th day after the date of arrest(unless otherwise indicated)for the period of time and for the reason indicated below. r BREATH TEST FAILURE: You failed a breath test.[.08%or greater;any amount if under age 21]Your suspension for failing the test will be for: r 9+0 days,if you have NOT been convicted of DUB;suspended under the Implied Consent Law;or participated in a DUII diversion or similar program within the last five years[ORS 813.4301;or ► 1 year,if you have been convicted of DUiI;suspended under the Implied Consent Law or participated in a DUII diversion or similar program within the last five years JORS 8114301 N51 ROWENT SERtiAL NUMBER_._ 07!R 00 You were driving a Commercial Motor Vehicle CMV area the breath test result was 04. greater ,� g (CMV) . �or greater but less than.08a/,,.P90. suspension of base driving privileges.[See"attached CMV Implied Consent Addendum.] The person administering the breath test was qualified under ORS 813,160 and the methods procedures and equipment used in the test complied with ORS 813.160.The test was administered by the reporting officer,or TEST REFUSAL: (Can NOT be in addillon to a breath test failure above.Exception:Only a urine test refusaY and suspension length may be inaiked in adder n to a Breath Test Ealiun) Mark type of test(s)refused: You refused to submit to a breath test. You refused to submit to a blood test when receiving medical awe in a hearth care facility immediately after a motor vehicle accident. ET You refused to submit to a urine test.You had been involved in all accident resulting in injury or property damage or,you had already submitted to a breath test and file result was less than.Otte'/a.-the officer who requested the urine test was certified by the Department of Public Safety Standards and Training as having completed 8 hours,of training in recognition of drug impaired driving,and had reasonable suspicion that you had been driving while under,the influence of cannabis,a controlled substance, an Inhalant or any combination of Cannabis,a controlled substance,;an inhalant and intoxicating liquor.NOTE:The suspension will by consecutive to any other suspension imposed under the Motorist Implied Consent Law.The urine test was requested by the reporting officer or ---- -...— °your suspension for refusing a test(s)will be for: l% p, 1 year,if you have P40T been convicted of DUII;suspended under the Implied Consent Law;or participated in a DUN ' diversion or similar program within the last five,years[CURS 813.430'];or M 3 years,if you have been convicted of DUII;suspended under the olpliod Consent Law;or participated in a DUII diversion or similar program within the last five years[ORS 813.4301. If you hold CDP*, were driving a ntotor vehicle or CMV and you refused to submit to a test,your CCU will also be suspended in f accordance with ORS 809,510 and 809,520 for: f 3 years,if you have not received a conviction or CDP suspension as described in ORS 809,510„or r 1, Lifetime,if you have received a conviction or CDP suspension as described in CARS 809,510. NOTE:Your CDP suspension will be concurrent to any other suspension imposed under the Motorist Implied Consent Law, r *Pursuant to OR$807,018,you hold CDP if you have an unexpired cornmemial Neramer driver permia,ur,your most recently us sued d licenser is or was a comrnevdai down cense,without rasgard to whether that license ps expo rod or your camovoeIcIaal d6ving privileges are suspended,caoncx.,ind car re,vokrid, Nis to officer: m m a w If the person was driving a CMV,complete and attach the CMV Implied Ccausent Addrndasrn(Form 7 5'-'Z5A) to addition to this f¢rrnr. * A vehicle th at transports hazardous materials or its designed to transport 16 or rrnore passengers is a CMV,regardless of stye. Ili the:person requests ra heradrig,l request that the,hearing be conducted In fierson. l ffir by my signature that the foregoing events occurred 4J�ff� � TtNGTe rk a nc c c v 7 t t EnHOwr Numnsw-n l; Pell AND F 2Ff GhT4NU OFFICE R � Ut T I l3 ........ ....._........ _......._............._. l RECEIVED at the Hearings Case,Management I. u .. _._. _...._ _.. f If you request as hearing, our request MUST he In wittier.If you refused to submit to a test or ft,. y q 9 Y 1 q y ailed a breath test,y¢aN.ar,request BUST RE n gs n°.ag.mernt nit on the; tenth day following this arrest or YOU lose your right to a hearing, if you fail a blood lost,DMV will notify you and provide you with information oil how to request a hearing.'Your,request should include:your full name and address; date of arrest; driver license, (ear file reference) number date of birth„ if you require a language interpreter or are hearing p irnpaired„dates and terries when you or yOur attorney cannot appear at as hearing;ra telephone number where you can be reached between 8 a,ar and 5 p.m.ore weekdays;If you went .art in person hearing;and issues you propose to raise,The Office of Administrative Flearings J (4 AFI)will conduct the:hearing by tele.phorae unless you,or the reporting officer,request an in person hearing,The OAi-t will conduct an tn- person hearing,if requested,in the county of arrest or at a place within 100 air rntles of the place of this arrest.The OAH will notify YOU Of the tirne and place of the hearing.You may mail„fax,or hand deliver your written request for Hearing to�Hearings arinfis Case Mali atler neant 1% Unit 1905 Lana Avenue.NE Saalern Oregon 973,14.FAX number(503)945 5521.You may also submit your request for hearing using P the implied consent hearing request form provided on DMV s Web site-OregonDMV,com.Questions about a hearing?C alL (503) 945-5545. Acstcve, Hasty servicernerniners knave a nght to :stay these proceedings under the federal ervicemembers Civil Relief Aunt. for wrote o information u-oattnet.µ the u"3rera;aaa f State Bar at 80t1-4 the,Oregon Military Department artrment(ONAD)at 503-584-'3571 or the nearest United t�aa?ti,�ti>0, States Armed Forces I...eagal Assistance Office through: Intp1/leNglaal ass Isla nee,law.a f.rnI Than(::NIML1 does not have a tcNI-free telephone number, , _._ fhTe s docurnent represents an Olyder of DMV pu rsuatlat io ORS 813.410,ii it�cr he Krung l a ",t, ra>w� � � ran4aa;e r j tNraatead ttte allegations cr,rttainod In this document wl&I br accepted t fast. Mr,rr � ftfdiV EXHIBIT VMS= r 61 Page 7 of 9 OREGON STATE POLICE FORENSIC SERVICES DIVISION INTOXILYZER 8000"OPERATOR'S CHECKLIST (Please Print) 11/l3121 Jose. /I��c�Cll Test Date Arresting Officer (Print) P��9 viz T Trl�l A�LO��Z S loa_4� n PC) Driver's Name (Last, First,Middle) Arresting Officer's Department OPERATIONAL CHECKLIST x/ 1. Pre-test observation period: The operator is certain that the subject has not taken anything by mouth (drinking, smoking, eating, taking medications, etc.), vomited, or regurgitated liquid from the stomach into the mouth for at least fifteen (15) minutes before taking the breath test. Observer Name (Print): JoSk Start pre-test observation time: LA/32_ End pre-test observation time: QQ�Q Timepiece used: ❑ InstrumentWristwatch El Other: 2. When the instrument display indicates "Ready to Start", push "Start Test" button to initiate the testing sequence. 3. Using either the instrument's bar code scanner or keyboard, enter the operator and subject information requested by the instrument. 4. After instructing the subject on how to give a proper breath sample, have the subject provide a proper breath sample when "Please blow into mouthpiece to activate tone." appears on display. When the instrument has accepted the sample, continue the required observation period. 5. When "Please blow into mouthpiece to activate tone." again appears on display, have the subject provide a proper breath sample. When the instrument has accepted the sample, wait for the instrument to complete the testing sequence. 6. When the instrument display indicates "Comments", enter any appropriate comments regarding the testing sequence. 7. Remove the test report(s) from the printer. Comments: 80-001581 WOODBURN POLICE DEPT InstrumenJt Serial# Location Operator's Name (Print) e tor's Signature �/✓oad/j!i/H p0 Q6o2�� Operator's Department Operator's Permit# 80000CL(et[.08.071006) EXHIBIT 2 62 Page 8 of 9 OREGON DEPARTMENT OF STATE POLICE FORENSIC SERVICES DIVISION BREATH TEST REPORT TEST DATE: 11 /13/2021 INSTRUMENT: CMI TNTOXILYZER - ALCOHOL ANALYZER MODEL 8000 SN: 80-001581 TEST LOCATION: WOODBURN POLICE DEPT SUBJECT NAME: PANIAGUA FERNANDEZ, LUIS FERNANDO SUBJECT LICENSE #: SUBJECT DOB: Test %BAC Status Time Air Blank 0.000 PASS 00:52 PST Diagnostics OK PASS 0 0:5 2 PST STArF'''%1 Air Blank 0.000 PASS 00:53 PST Subject Sample 0. 121 OBTAINED 00:53 PST Air Blank 0.000 PASS 00:54 PST 0 ';m Air Blank 0.000 PASS 00:55 PST :; c Subject Sample 0. 114 OBTAINED 00:56 PST Air Blank 0.000 PASS 00:56 PST Control Sample 0.082 PASS 00:57 PST Air Blank 0.000 PASS 00:57 PST ** EXPECTED VALUE FOR CONTROL: 0.085 %BAC ** TEST RESULT: 0. 11 %BAC ADDITIONAL INSTRUCTIONS: Any observations made by the operator during the testing sequence may be recorded in the comments section below. OPERATOR'S NAME: MITCHELL, JOSHUA T OPERATOR'S PERMIT #: 060298 TEST METHOD: OAR 257-030-0130 The above-named individual has satisfactorily met the requirements of ORS 813.160 in the chemical analysis of a person's breath and is approved to operate the above listed equipment using the above listed method as specified by the Department of State Police. COMMENTS: EXHIBIT 2 63 Page 9 of 9 REGISTER OF ACTIONS CASE No. 21CR60813 State of Oregon vs Luis Fernando Paniagua-Fernandez § Case Type: Offense Misdemeanor § Date Filed: 12/14/2021 § Location: Marion § District Attorney Number: 21-11826-A PARTY INFORMATION Attorneys Defendant Paniagua-Fernandez,Luis Fernando Male 6eure 9 Sehmfeme 765 S PACIFIC HWY UNIT 5 DOB:2003 edw't'qppdirlte Woodburn,OR 97071 5'5", 150 lbs Sea ses Go 1 6(vv� Plaintiff State of Oregon Katharine Rose Semple 503 588-5222(W) CHARGE INFORMATION Charges: Paniagua-Fernandez,Luis Fernando Statute Level Date 1. Driving Under the Influence of Intoxicants 813.010(4) Misdemeanor Class A 11/13/2021 EVENTS&ORDERS OF THE COURT DISPOSITIONS 01/14/2022 Plea(Judicial Officer:Zimmerman, Natasha A.) 1. Driving Under the Influence of Intoxicants Guilty Created:01/14/2022 2:19 PM 01/14/2022 Disposition(Judicial Officer:Zimmerman, Natasha A.) 1. Driving Under the Influence of Intoxicants Diverted Created:01/14/2022 2:19 PM 01/14/2022 Diversion(Judicial Officer:Zimmerman, Natasha A.) 1. Driving Under the Influence of Intoxicants Sentencing Details Decision Date:01/14/2022 Probation Non-Probation Conditions (Active) Start Date:01/14/2022 Duration: 12 Months Estimated End Date:01/14/2023 Judicial Officer:Zimmerman, Natasha A. Special Conditions: Fingerprint-Book-Photo,01/14/2022, Report to Marion County Correctional Facility for fingerprints and photographs. Following processing at the Marion County Correctional Facility the defendant is authorized for release. Financial Review,01/14/2022, It is hereby further ordered and adjudged that the clerk apply payment upon this money award as provided by law and apply any bail or security on deposit herein toward this money award and,to the extent permitted by law, disburse them first to compensatory fines,then to restitution,Crime Victim Assessment,fines,assessments,fees and then to other costs adjudged herein. Alcohol Treatment Program,01/14/2022, Participate in an alcohol evaluation. Enter and successfully complete any course of treatment,including after and follow-up care determined to be necessary and as designated by the Evaluator or the Probation Officer. Program Victim Impact Panel,01/14/2022,Attend and successfully complete a Victim Impact Panel The defendant is to contactthe Marion County Victim Impact Panel. No-Alcohol,01/14/2022, Do not use or possess alcohol,intoxicants,inhalants or controlled substances. No-Entry Bar/Tavern/OLCC Licensed Premises,01/14/2022, Do not enter into bars,taverns or liquor stores. No Drive Without License,01/14/2022, Do not operate a vehicle without a valid license and insurance. No-Violate No Laws,01/14/2022,Obey all municipal,county,state and federal laws. Court Review,01/14/2022,Appear in Court at the Marion County Court Annex located at 4000 Aurnsville Highway,Salem, Oregon,on 10/14/22 at 1 O:OOAM,to show proof of completion. Fee Totals: Amount Reduction Owed DUII Diversion $490.00 $490.00 Fee Totals$ $490.00 $490.00 Fee Modifier Created:01/14/2022 2:19 PM OTHER EVENTS AND HEARINGS 12/14/2021 Information Created: 12/14/2021 4:22 PM 12/14/2021 Certificate-Victim Notification Created: 12/14/2021 4:22 PM EXHIBIT 3 64 Page 1 of 12 12/15/2021 Arraignment (9:00AM)(Judicial Officer Bureta,Jodie) Result: Held Created: 12/14/2021 3:13 PM 12/15/2021 Order-Appointing Counsel(Judicial Officer: Bureta,Jodie) Attorney:SCHIFANO,L Signed: 12/15/2021 Created: 12/15/2021 9:55 AM 12/15/2021 Arraignment(Judicial Officer: Bureta,Jodie) INFORMATION Created: 12/15/2021 9:55 AM 12/15/2021 Agreement-Conditional Release ®Created: 12/15/2021 9:55 AM 01/14/2022 Hearing-Plea (1:30 PM)(Judicial Officer Zimmerman, Natasha A.) DIVERSION 0111412022 Reset by Court to 0111412022 Result: Held Created: 12/15/2021 9:56 AM 01/14/2022 Agreement-Diversion Created:01/14/2022 2:15 PM 01/14/2022 Petition-Diversion Agreement(Judicial Officer:Zimmerman, Natasha A.) Created:01/14/2022 2:15 PM 01/14/2022 Order-Diversion(Judicial Officer:Zimmerman, Natasha A.) DUII Signed: 01/14/2022 Created:01/14/2022 2:16 PM 01/14/2022 Order-Referral(Judicial Officer:Zimmerman, Natasha A.) DUII Signed: 01/14/2022 Created:01/14/2022 2:16 PM 01/14/2022 Victim Impact-Panel Referral Created:01/14/2022 2:16 PM 01/24/2022 Report CSI-DUII. Referred to Marion Co Health-Woodburn Created:01/24/2022 2:10 PM 10/13/2022 Notice-Compliance CSi.DUII Created: 10/13/2022 11:58 AM 10/14/2022 Hearing-Further Proceedings (10:OOAM)(Judicial Officer Gardiner,Jennifer) Result: Failure to Appear Created:01/14/2022 2:20 PM 10/14/2022 Acknowledgment Appear or Warrent Created: 10/14/2022 10:16 AM 11/03/2022 Hearing-Further Proceedings (10:OOAM)(Judicial Officer Gardiner,Jennifer) Appear or Motion to terminate diversion shall be filed Result: Held Created: 10/14/2022 10:13 AM 11/03/2022 Victim Impact-Panel Referral 01.04.23. Created: 11/03/2022 10:04 AM 11/03/2022 Acknowledgment Created: 11/03/2/03/2022 10:04 AM 11/21/2022 Letter-Completion CSI:DUII Created: 11/21/2022 2:36 PM 01/09/2023 Hearing-Further Proceedings (10:OOAM)(Judicial Officer Partridge, Lindsay R) Result: Held Created: 11/03/2022 10:05 AM 01/09/2023 Victim Impact-Panel Completion Created:01/09/2023 10:48 AM 01/11/2023 Victim Impact-Panel Completion Created:01/11/2023 11:30 AM FINANCIAL INFORMATION Defendant Paniagua-Fernandez, Luis Fernando Total Financial Assessment 490.00 Total Payments and Credits 490.00 Balance Due as of 07/11/2024 0.00 01/14/2022 Transaction Assessment 490.00 11/03/2022 Counter Payment Receipt#2022-44296-TP Paniagua-Fernandez, Luis Fernando (490.00) EXHIBIT 3 65 Page 2 of 12 12/14/2021 3:56 PM 21 CR60813 1 2 3 4 IN THE CIRCUIT COURT OF THE STATE OF OREGON 5 FOR THE COUNTY OF MARION 6 THE STATE OF OREGON ) No.21 CR60813 Plaintiff, ) INFORMATION 7 vs. ) 8 LUIS FERNANDO PANIAGUA-FERNANDEZ, 9 (DOB: ) ) 10 Defendant ) 11 The above named defendant is accused by PAIGE E. CLARKSON,District Attorney for the 12 County of Marion,by this information of the crimes of: 13 Count 1: ORS 813.010 DRIVING WHILE UNDER THE INFLUENCE OF INTOXICANTS(A 14 Misdemeanor) 15 16 committed as follows: 17 18 COUNT 1:The defendant,on or about November 13,2021,in Marion County,Oregon,did unlawfully 19 drive a vehicle upon premises open to the public while under the influence of intoxicants. 20 Dated at Salem,Oregon,this 9th day of December,2021 21 22 PAIGE E.CLARKSON Marion ounty Di23 strict Attorney �� N 24 for KATHARINE SEMPLE,OSB 162011 Deputy District Attorney 25 26 o W 12/15/21 @ 9:00 AM o° 27 KRS/ndm W °b AGENCY:WBP AGENCY#:21-12876 28 IDENTIFIERS:M Ht:5'5 Wt: 150 Hair:BLK Eyes:BRO SID: INST: No CNTRL#**Def needs printed** p 29 11/13/2021 COPIES: 1=Defendant; 1=File; 1=mcso q 30 Page 1 of 1 —INFORMATION D.A.#: 21-11826-A EXHIBIT 3 66 Page 3 of 12 lttt carder-tttvStl INTHE, , THE STATE OF ORE C11YOF State of Oregon Case No: ,,, ('4l V, ORDER E: DUH DIVERSION I ei"enraDVt OD : DOB: Manon,0 M 01W�� tearing^�rxe ult traritar .... 'The aflevyl DLIli crurr"i on Nate� '�� \ JAB 1� ._ ___..��...._ Ilaasa;d on Defeµrrdaatrmt's DUD Diversion Petition an(JAgr e err ent,THE COURT ORDERS: The w-tition diversion is HUED []Dlemiled "E�4lkll et tA. The ctat111 withholds entry of a Ud rnent ofconvitatioti pcmd1rig completion or tennirrartion of the tii e siorr agreement and orders that: 1) D efendaaaat is orclarod to comply with all terms irm the Pent` rd ire*rrrryaat steWsMrmaartr waiDtt aCa airbrrrtC�trraLAW- The dive rslomm rt'e its I year t ,trrrilrmt 1"eirrca�l „_w rmd t*rpttlrt �ctrtt �m.� El eAar°ir arrt rust rile a rrrotlrru tmm dismiss saiurm t w diversiorm Imcriud ends,in drder for the cmr'rairt to tii.t,,-rmmmss then et.iar ,tm (if ttrrs option is not rl'ief, e D"they dt*ndant does not need t rile a rrrodaarr to disrrrrss) ), Dl6erxlant must play,a tee or$490,00totbe I°aamm for the eliwew-a ea as required by stat.uto ur ss, aleeW err° rl'eet"a�r"~rr�ti l�rm mmma�ma t is due irmmm ii, t ly or r 1myr lent sche(l'mule- /month due. +ti-H-% W dawn ea' rm rrtlm lee, inning .......iAl t�aac utla i r t-A approved� t �1-tNS(Jandm ... _.. t aa0ndarmt must attend am vies iri iimmDais a lrartit�r aatlon l"traa t lar o ramrmm''It'rictirama Impact Panel I r�ttt . mw '� ItH a,) l;De1eyndtint roust pay tiuurr aalalaaairate-tl aattcrrnt times ]ira an armmaaurm't emD' ...� �.,on as s lu ul dot(,r rmrirwA by the court I"@mom ri r '.tlrmds that th d fendwithaas the ability to pey court-arppoiritiirl attorney fees. El ars ordered in a separate litmmit.eed r'ud r"rme-mart or order a) enda t arrusat,instaali an(]use an ignition Interlock device(11D)in any veliMe operate by the ZrDendant during they lrehod o tlmee ardr'a tmment when tlmp Dpfie nda nt has drivinp privilqies El Defendant rated)rant install an 111)be aause 6eefen arat. rraeets they reee uare rn ents for area caai exemption under Oregon trarataaru,ne nt of rr aarmsliortartion rules and is exempt trorma the 11li requir°tatrre nt El sudr duel tol a trl wd,breath,or,Uri[le test ttmat she wrad no cannabis, lmmisalaaritsw or ccriuolteed sutastancetl,Manna BAC below 0,080.6 1DelOndatat must be hooked and hn erfarirmta l o qwv-Z'. �l ostrtutrorrC tla °� . o .N.............. _....�.. ...,,,,, . ,ir dg(,,. i natoirerc "'ai 1,iel M darrrt is required tea eaiat mate.an emplqyer-owned artrtor-Miick, an 11D need not ie rrasrariitxi ir" iarmrrarrt rrtitwp,,s r*a2plrreyex rat`ib 111),requir rynen9"and Ms r, r itC ra proof tar the notification LAM Olversion......Order Uimrersiorm()'Morn Page I o "I c to r;ri::au EXHIBIT 3 67 Pugs 4 of ''I'2 ."--'COURT OF THE STATE OF OREGON FOR TI IE COUNTY OF !PVAo (-' 01YOF 'aXU= S State of Oregon Case,N o- 0 PETITION AND 0 AGREEMENT 0 \17X"0, IJ CA Defendant MIDiversion 0 Date of DU11 Offense: .............................................................................................—-------------------------------------- Defendant's Ressidoice. -Vj A'al6ur q-7 0-1 Street city s rare ZIP �i 1 n—gA c I —-—----------------------------———---------------------------------------------- '11)# (it'kiiown): DEFENUANT's AGRFFmENT AND WAIVE,R larri the Defendant. I ask the court to grant a diversion under ORS 813.200 to 813.270 for the charge of driving Lii'idei'the influence ofit'it,oxica,it,s(DUII), If'tileCOLirtallow,sti'tispe,titioti: (1) 1 have read and understarxi all of the information in the attached Explanation ofPights and D611 Diversion Agreerritnit and I agroo to: a) Pay the requinA diversion f.m,and any restitution ordered b) Complete an alcohol and drug abuse assessment and an.y mcorninended treatment c) Attend a victim irnikict panel,%, ordered by the court d) Not use alcohol or other intoxicants except as allowed in the attached Explanation of-Bights and D Ull Diversion Agreement e) Install and use an approved Ignition Interlock DeNice(11D) ifordered by the court I) Keep the court advised of my curTent mailing address 2) 1 plead guilty or no contest to the DUI I charge as shown in the Petition tca Plead Guil(y or No Contest submitted%vith this diversion petition 3), 1 waive(give up), the rights listed in the Petition to Plead Guilty or No Contcrst 4) 1 waive my former jeopardy rights mender the federal or state constitutions and OR 13L505 to 131.525 in any future action on the charge or any other offenses based on tfie satne criminal incident J- �ignature Defendant's Name ed or pnnted) Date NOTECrIle Pekndant's Declaration of Eligilshly,and Petition to Plead Guil(y or No Contest must be ffied widi this fionn and served on the district attorney or city attorney who filed the charge DUll Diversion- Petition Agreoinent,(Form 1) Pago I of 4 'EXHIBIT 3 68 Page 5 of 12 IN THE, T, COURT OF THE STATE OF OR E GON FOR THE COUNTY OF cnx�a , CITY OF 7; E State of Oregon Case No: QJ2- (00 7 k1l 0 4- V. PETITION TO PLEAD 0 GUILTY OR NO CONTEST 0 Uj\ 5 9on a 04 QC� tlaylt(dlef'z Defendant D Uff Diversion is I My true name is (first,middle,last) on I-ct QN-)a - Q--crol-C)c !t I also am known as 2. lam-1 -b years old.The highest grade level of school I have completed is 3. My physical and mental health are satisfactory. I am not under the influence of any,drugs or intoxicants,except 4- The following statement best describes me: I am able to read,write, and understand English,and I have read this petition completely I am able to understand English,and this petition has been read aloud to me completely • lam unable toread English,and this petition has been read aloud tome completely in English • lam unable to read,write, or understand English, and this petition has been read aloud to me in the— language by who is qualified to translate English into the- language 5. I$am 0 am not represented by a lawyer. I understand that I have the right to hire a lawyer or have th court❑ appoint a lawyer to represent me if the court finds that I cannot afford to hire a lawyer. El I choose to give up my right to a lawyer. I will represent myself. (_—) [initial herel 6. If represented by a lawyer,I have told my lawyer all the facts I know about the charge against me. My lawyer has advised me of the nature of the charge and the defenses, if any,that I have in this case. I am satisfied with the advice and help my lawyer has given me. 7. 1 understand that I have the following rights: a) the right to jury trial; b) the right to confront and question all witnesses who testify against me at trial; c) the right to remain silent about all facts of the case- d) the right to subpoena witnesses and evidence in my favor; e) the right.to have my lawyer assist me at trial-, 0 the right to testify at trial; g) the right to[lave the jury told, if I decided not to testify at trial,that they cannot hold that decision against me; and h) the right to require the prosecutor to prove my guilt beyond a reasonable doubt. 8. 1 understand that I give up all of the rights listed in paragraph 7 when I plead guilty or no contest. I understand I give up:a) any defenses I may have to the charge; b) objections to evidence-, and c) challenges to the accusatory instrument. 9. By this petition, I am pleading Yziilty El no contest to the crime of driving under the influence of intoxicants.(DUII) which is a Class A misdemeanor under Oregon law. The maximum penalties, applicable if I do not enter diversion or if I fail to comply with the conditions of diversion are 3,64 days in jail and a fine of$6,250 or$10,000 if the offense was committed in a motor vehicle and there was a passenger younger than 18 and at least three years younger than me.The minimum penalties are 48 hours of imprisonment or 80 hours of community service and a fine of- $1,000 if this is my first conviction DUI I Diversion-Petition for Plea Entry(Form 4) Page I of 4 (A cl"."_"r iff)CH IBIT 3 69 Page 6 of 12 $1,500 if this is my second conviction • $2,000 if this is my third conviction and I am not sentenced to a term of imprisonment • $2,000 if my blood alcohol level (BAC) was 0.15 percent or greater 7; If I do not enter diversion or if I fail to comply with the conditions of diversion,there will be a E mandatory suspension of my driving privileges for: 0 0 1 year if this is my first conviction 4- 0 >% 0 3 years if this is my second conviction within 5 years CL 0 0 my lifetime if this is my third or subsequent conviction ti 10. 1 understand that if I am not a U.S.citizen, this plea may result in my removal from this country, ca exclusion from admission to the United States, or denial of naturalization. 11. 1 understand that I will be required to pay all of the fees listed in the Sunimmy of D U11 Diversion Fees,unless the court finds me unable to pay and waives all or part of these fees. TI-iese fees include an alcohol or drug abuse assessment and any recommended or court-ordered treatment. The court may order me to attend a victim impact panel and pay a participation fee. I may be required to reimburse the state for the cost, if any, of a court-appointed attorney. 12. 1 am submitting this plea along with a petition to enter the diversion program under O;RS 813.200 to 813.270. 1 understand that if the court grants the petition, the court VAII accept this plea but will not enter ajudgment of conviction at,this time. 13, 1 understand that: a. If I fully comply with the conditions of the diversion agreement within the period authorized by law and by the court, the court will dismiss the charge with prejudice under ORS 8,13.250�m If the court does not have a policy of automatically dismissing the DUI I charge at the end of one year, I will have to file a motion at the end of the diversion period requesting that the charge be dismissed. b. If I fail to comply with the diversion agreement within the diversion period, the court will enter a judgment of conviction on the charge and will sentence me 14. 1 understand that if the court enters judgment on this plea for failing to comply with the diversion agreement, it is the same as a conviction.This court can find me guilty of the crime of DUI I based on this plea alone,without receiving any evidence. 15. 1 understand that if the court denies the diversion petition and I go to trial, nothing in this petition will be used against me 16. This plea is based only on what is written on this petition. No promises have been made to me by my lawyer or any officer or agent of any branch of government(federal,state, or local) that I will receive a particular sentence or form of treatment from this or any other court, on these or any other charges, other than what is set forth in this petition. 17. 0 1 plead no contest or �J plead guilty because in CYVICO� County, Oregon, I did the following: Cgn 0(- OAM�'V DUR Diversion- Petition for Plea Entry(Form 4) Page 2 of 4 IfXHIBIT 3 70 Page 7 of 12 18. 1 El am not currently on probation, parole, or post-prison supervision. I know that if I am and the couZenmters judgment on this plea, my failure to comply with the conditions of the diversion agreement may cause my probation, parole, or post-prison supervision to be revoked and I may be required to serve jail or prison time in that case in addition to any sentence imposed in this case. 7; 19. 1 understand the charge against me and the information in this petition. I am signing this petition and S entering this plea voluntarily,-intelligently, and knowingly. 0 20. 1 understand that if I fail to comply with the terms of the diversion and the court enters ajudgment of 4- 0 conviction, I have the right to appeal the conviction. My right to an appeal will be explained to me CL when the court enters the judgment of conviction. 0 LUI, A Defendant's Signature Defendant's Name''printed) Date D U I I Diversion—Petition for Plea Entry(Form 4) Page 3 of 4 (Au;,,AkkHIBIT 3 71 Page 8 of 12 CERTIFICATE OF COUNSEL N 0 E!, I am the attorney for the defendant in this proceeding and I certify that: V I. I have fully explained to my client the charge and possible defenses that may apply in this case 2. 1 have personally examined this plea petition, explained all of its provisions to my client, and discussed fully with my client all matters described and referred to in the petition 0 4- 0 3. 1 have explained to my client the maximum penalty and other consequences of entering a guilty or no >% contest plea, including possible immigration consequences CL 0 4. To the best of my knowledge and belief, my client's decision to enter this plea is made voluntarily, intelligently, and knowingly 0 5. 1 have told my client that if he or she is eligible for court-appointed counsel and wishes to pursue an appeal, I will transmit the information necessary to perfect the appeal to the Office of Public Defense Services Signed by me in the presence of the above-named defendants' etitioner,and after full discussion of the conte o he c rtific Vewith the defendant on (do te) (jI8 3 rly bintA , S(ji�( D=)s ature fend Attorneys Attorney Name(typed or printed) Bar Nurnber CERTIFICATE OF INTERPRETER 1, the undersigned interpreter,certify that I have read aloud the petition to the above defendant in the language Signed by me in the presence of the above-named defendant on (da te)— Interpreter's Signature I nterpreter Name(printed) DU I I Diversion— Petition for Plea Entry (Form 4) Page 4 of 4 (Aug EXHIBIT 3 72 Page 9 of 12 IN THE F THE STATE OF OREGON FOR THE COUNTY OF V CITY OF oAAJ State of Oregon Case No: ^( 0 VA a' V. ORDER ON PETITION TO PLEAD GUILTY OR NO CONTEST 0 �z. Defendant ( II Ili version) U Regarding Count The court finds: a That the defendant's plea of ❑ no contest i.Ity is knowingly, intelligently, and voluntarily made ORDER: The court ccePts® denies the plea petition for purposes of ORS 813.200 to 813.270 Judge Signa tur e: I),J4 DUII Diversion 4 Order- Plea Entry (Form ) Page I of I A 02.11) EXHIBIT 3 73 Page 10 of 12 N THE-'_(_EM_iT__-'COURT OF THE STATE OF OR EG ON FOR THE COUNTY OF Poy CITY OF. 7; State of Oregon Case No: �_� 60 0 V. DEFENDANT'S DECLARATION OF 4- 0 ELIGIBILITY oc;\M 4 f_noA-z 0 Defendant MI Diversion I am eligible to participate in a driving under the influence of intoxicants (DUII) diversion program because: !t 1. 1 have never been convicted of a felony DUII offense in Oregon or any other place 2. On the date I sign the attached petition for a DUII diversion agreement: a. Except for the DUII charge in this case, there is no charge pending against mein Oregon or any other place for an offense involving operation of a vehicle while: • under the influence of alcohol, cannabis, a controlled substance, an inhalant, or any combination of the four, or • having a blood alcohol content above the allowable blood alcohol content b. I am not participating in a DUII diversion program or any similar alcohol or drug rehabilitation program in Oregon or any other place except, a a program I may have entered as a result of the DUII charge in this case, or e a charge for minor in possession of alcohol under ORS 471.430 c. There is no charge of an offense pending against me in Oregon or any other place for any degree of aggravated vehicular homicide, murder, manslaughter, criminally negligent homicide, or assault that resulted from the operation of a motor vehicle 3. During the fifteen (15) years before the date of the alleged DUII offense in this case and from the tirne between the alleged DUII offense and the date I sign tile attached petition: a. I have not been convicted in Oregon or any other place for an offense involving the operation of a vehicle while: * Linder the influence of alcohol, cannabis, a controlled substance, an inhalant, or any combination of the four, or a having a blood alcohol content above the allowable blood alcohol content b. I have not participated in a DUII diversion program or any similar alcohol or drug rehabilitation program in Oregon or any other place except a program I may have entered as a result of a charge for ininor in possession of alcohol under ORS 471.4301 c. I have not been convicted, in Oregon or any other place, on any charge of an offense in any degree for aggravated vehicular homicide, murder, manslaughter, criminally negligent homicide, or assault that resulted,from the operation of a motor vehicle, and d. If this is my second or subsequent diversion, I have not been convicted of any criminal offenses involving a motor vehicle DUII Diversion-Statement of Eligibility(Form 3) Page I of 2 (-b,'_'JEXH1BIT 3 74 Page 11 of 12 4. The DUll offense described in the attached petition did not involve any deaths or any physical injury to any other person (`physical injury"means impairment ofphysical condition oi-substantial pain) 5. At the time of the alleged offense, I did not have commercial driving privileges 6. At the time of the alleged offense, I was not operating a commercial motor vehicle 0 4- 0 1 hereby declare that the above statement is true to the best of my knowledge and belief. I understand it is made for use as evidence in court and I am subject to 0 U penalty for perjury- 0 l 7 Q L Defendant's Signature Defendant's Name( rinted) Date NOTE: this declaration must be completed by Defendant and fled with DUI diversion Petition and Agreement(with attached Explanation ofRights and DUIl Diversion Agr�ement), Order re:D II Diversion,Petition to Plead Guilty or No Contest,and Order on Petition to Plead Guilty or No Contest DUII Diversion-Statement of Eligibility(Form 3) Paget oft Ulv ,_YEXHIBIT 3 75 Page 12 of 12 WOODBURN POLICE DEPARTMENT CASE# 2022-00011326 CASE REPORT 1060 MT HOOD AVE ®AXON VIDEO WOODBURN OR ®AXON PHOTOS 97071 REPORTED DATEFIME OCCURRED INCIDENT TYPE CASE STATUS ~ 09/15/2022 04:10 Hit and Run Inactive z w OCCURREC FFOM DATEINME OCCURRED THRJ DATEINME LOCA TON OF OCCURRENCE w KIRKSEY STREET 09/15/2022 04:10 09/15/2022 04:10 WOODBURN STATI TFT)F.. RP ION ['[11NTS ATTFMPTIC:"]MMIT 811.750 HIT AND RUN -PASSENGER FAIL TO REPORT 1 Committed co w u0 z w U. U. 0 SUBIECT TYPE NAME(LAST FIRST MIDDLE SUF=IX; Sus ect PANIAGUA FERNANDEZ LUIS FERNANDO F DOE ACE or ACE RANGE ADDRESS(STREET,CIT',---A-E,ZIP; w 19 1084 PANA STREET WOODBURN OR 97071 SEX HEI3H-or RANGE 'IVEIGHi or RANGE HAIR. EYE Hispanic or Latino Male 505 152 Bald Brown JJDL PP.IM.4RY PHONE I PHCPIE TYPE OTHER PHONE!PHONE TVPE SSNOR SUBJECT TYPE NAME(LAST FIRST MIDDLE SUF=IX; Victim PUBLIC WORKS F DOE AGE ur AGE RANGE ADDRESS(STREET,CIT',STA-E,ZIP; u w 270 MONTGOMERY STREET WOODBURN OR 97071 PACE SEX HEI3H-or RANGE 'IVEIGHi or RANGE HAIR. EYE W DL NUh6ERF-ATE PRIMARY PEON:I PHONE TYPE OTI ICR PI ZONE 1 PI IONC TYPE SSN WORK PHONE 503 982-5240 SUBJECT TYPE NAME(LAST FIRST MIDDLE SUF=IX; F DOE AGE or AGE RANGE ADDRESS(STREET,GT-,STA-E,LIP; w m PACE SEX HEI3H-or RANGE 'IVEIGHi or RANGE HAIR. EYE DL NUMDErr,-ATE PPIMARY PI ION[I PI ICNC TYPE OTHER PHONE.PHONE TYPE SSN REPORTING OFFICEF DATE FEVIVVED BY Alcorn, Cade, B40 09/15/2022 ICarpenter, Geoffrey 09/21/2022 1 ❑F 3 CasjteppTAjj§jt'Page 1 OF 3 76 Page 1 of 6 WOODBURN POLICE DEPARTMENT CASE REPORT CASE# 2022-00011326 1060 MT HOOD AVE WOODBURN OR 97071 VEHICLES as PROPERTY PROPERTY CODE PROPERTY TYPE VALUE ca 16-Suspect Vehicle Vehicle -Automobile -321 = VEH YR TYPEiMAHEMIODEL STYLE W 2022 1 Auto TOYOTA TACOMA I'- PLATE ISTATE VIN TOP COLOR BOTTOM COLOR a W TB36699/OR 3TYSZ5AN5NT078594 a ADDITIONAL DESCRIPTIVE INFORMATION a PROPERTY CODE PROPERTY TYPE VALUE W J = VEH YR TYPEiMAHEMIODEL STYLE W 9 Y PLATE(STATE VIN TOP COLOR BOTTOM COLOR Ix W d O IX ADDITIONAL DESCRIPTIVE INFORMATION EL PROPERTY CODE PROPERTY TYPE VALUE W J V 2 VEH YR ITYPEIMAKENODEL STYLE W PLATE ISTATE �VIN TOP COLOR BOTTOM COLOR Q' W a O a ADDITIONAL DESCRIPTIVE INFORMATION a PROPERTY CODE PROPERTY TYPE VALUE W J U = VEH YR ITYPENAKENCIDEL STYLE W PLATE ISTATE VIN TOP COLOR BOTTOM COLOR Q-' W a O a ADDITIONAL DESCRIPTIVE INFORMATION PROPERTY CODE PROPERTY TYPE VALUE W J CS 2 VEH YR ITYPERAKENODEL STYLE W PLATE ISTATE �VIN TOP COLOR BOTTOM COLOR IQ' W O a ADDITIONAL DESCRIPTIVE INFORMATION IL REPORTING OFFICER DATE REVIEWED BY Alcorn, Cade, B40 09/15/2022 Carpenter, Geoffrey 09/21/2022 2 ❑F3 Casjt)( 4jj§ f Page 2 OF 3 77 Page 2 of 6 WOODBURN POLICE DEPARTMENT CASE REPORT CASE# 2022-00011326 1060 MT HOOD AVE WOODBURN OR 97071 NARRATIVE OFFICER CADE ALCORN CASE INACTIVE On September 15, 2022, at approximately 4:12 a.m., I was dispatched to respond to a motor vehicle crash in the area of Ben Brown Drive and Killian Spring Drive in Woodburn, Oregon. Dispatch advised there was one vehicle in the middle of the road and someone was screaming. While I responded to the crash I was told a vehicle had drove up to the crash and was driving away. I arrived in the area of the Ben Brown Drive and Killian Spring Drive and began attempting to locate the other involved vehicles. I was unsuccessful in finding any vehicles fleeing from the scene. At approximately 4:36 a.m., I arrived on scene and saw a 2022 Toyota Tacoma with no license plate with significant damage parked in the middle of Kirksey Street.The vehicle was unoccupied with the airbags deployed. I noticed several empty beer bottles inside of the vehicle and one smashed on the roadways blacktop outside of the driver's door. It appeared the vehicle was driving north bound on Kirksey road and went into the south bound lane.There were black tire marks alongside the curb for approximately 100 feet.The tire marks showed the vehicle's tires had hopped over the curb and began driving on the grass. A few trees were knocked out of the ground and the vehicle collided with fire hydrant that was bolted into the ground.The vehicle knocked the fire hydrant out of the ground and a few feet into roadway.The vehicle left tire marks in the roadway where it had spun out and came to a stop in facing south bound in the north bound lane of travel. I asked dispatch to have a tow company respond to my location for a hit and run crash and the vehicle being a hazard. I performed an inventory of the vehicle and found plates for the vehicle located inside.The plates of the vehicle were numbered TB36699. I ran the VIN/plates and the vehicle came back to Luis Paniagua Fernandez. I looked at the registered owner's information and went to 765 S. Pacific Highway Unit 5, Woodburn, Oregon. I was advised by the homeowners Luis did not live there and lived at 1084 Pana St., Woodburn, Oregon. I went to 1084 Pana St. and spoke and was advised Luis was in his room sleeping. I talked with Luis who had a strong odor commonly associated with that of an alcoholic beverage emanating from his person. Luis was sleeping in jeans and a long sleeve t-shirt and was denying being in the accident. I asked Luis where he was at and he told me he had been sleeping and had work in the morning. Luis told me he did not know where his vehicle was and did not know it was not in the driveway of the residence. I did not observe visible injury on Luis and Luis would not admit to being the operator of the vehicle. End of report. REPORTING OFFICER DATE REVIEWED EY Alcorn, Cade, B40 09/15/2022 Carpenter, Geoffrey 09/21/2022 3 ❑F3 Casibprffii f Page 3 OF 3 78 Page 3 of 6 OREGON POLICE TRAFFIC CRASH REPORT PAGE OF 2 POLICE INCIDENT/CASE NUMBER CRASH DATE DAY OF WEEK CRASH TIME POLICE NOTIFIED POLICE ARRIVAL DMV FILE NUMBER 2022-00011326 09/15/2022 M T W TH F 04:10 04:12 04:36 S S PM PM N PM COUNTY ROAD ON WHICH CRASH OCCURRED LATITUDE LONGITUDE MILE POST DMV CODE Marion Kirksey Road 45.137788 -122.873866 N/A ®WITHIN FEET N S OF NEAREST INTERSECTING ROAD WITHIN FEET N S OF NEAREST CITY/TOWN ❑NEAR •25 MILES E W Ben Brown Drive ❑NEAR MILES E W Woodburn ❑PROPERTY DAMAGE ❑PUBLIC PROPERTY DAMAGE ESTIMATE: UNDER$2500 ©UNKNOWN ❑HAZ.MATERIALS ❑PHOTOS TAKEN ❑TRAIN RJR ❑TRUCK/BUS OVER$2500 UNIT NAME(LAST,FIRST,MIDDLE) STATE SEX RACE #1 Paniagua Fernandez, Luis Fernando OR M H PED ADDRESS PHONE: ❑HOME ❑WORK ❑CELL BIc 1084 Pana St.,Woodburn, Oregon PRK VEHICLE OWNER PHONE: ❑HOME ❑WORK ❑CELL PRP Q SAME FIRE STD SPD PST SPD INSURANCE COMPANY INSURANCE POLICY NUMBER Y N 25 ❑ NONE Alpha Property+Casualty 5198206 EJECTED EXTRCTDI VEHICLE IDENTIFICATION NUMBER(VIN) LICENSE PLATE NUMBER STATE YEAR MAKE MODEL STYLE COLOR Y P N Y N 3TYSZ5AN5NT078594 TB36699 OR 2022 Toyota Tacoma 4DR Gry VEHICLE TOWED DUE TO VEHICLE DAMAGE Y N ❑ UNKNOWN DRIVER TAKEN: Y N UNKNOWN BY: Baker and Baker TO: Baker and Baker BY: TO: VEHICLE DAMAGE INJURY: ' MARK ALL THAT APPLY: SUSPECTED SUSPECTED I- DAMAGE ESTIMATE❑ROLLOVER ❑NO APPARENT POSSIBLE ❑MINOR ❑SERIOUS ❑FATAI. Z ❑NONE ❑UNDERCAR EQUIPMENT: NO EQP USED LAP ONLY El LAP/SHLDR CHLD RST-PRP A/BAG-DEPLYD Or ❑ UNDER$2500 ❑TOTALED ❑NONE INSTLD [M UNKNOWN ❑SHLDR ONLY ❑HELMET ❑CHLD RST-IMPR ❑A/BAG-NOT DP W OVER$2500 El UNKNOWN ACTION/ARREST/CITES RR W TO SHOW FIRST IMPACT ISHADE IN OAMAGED AREA SUSPECT NAME AKA IN CUSTODY Luis Fernando Paniagua Fernandez Y N ADDRESS OTHER INFORMATION: 1084 Pana St.,Woodburn, Oregon SEX I RACE HT WT HAIR EYES LOCAL ID M H 5'05 152 Black Brown UNIT NAME(LAST,FIRST,MIDDLE) DRIVER LICENSE NUMBER STATE SEX RACE DOB 0 City of Woodburn Public Works PED ADDRESS PHONE: ❑HOME Eiii WORK ❑CELL Bic 270 Montgomery St.,Woodburn, Oregon ( 503 ) 982-5240 PRK VEHICLE OWNER PHONE: ❑HOME ❑WORK ❑CELL pRP ❑ SAME FIRE STD SPD I PST SPD I INSURANCE COMPANY INSURANCE POLICY NUMBER Y N ❑ NONE EJECTED EXTRCTD VEHICLE IDENTIFICATION NUMBER(VIN) LICENSE PLATE NUMBER STATE YEAR MAKE MODEL STYLE COLOR Y P IN Y N VEHICLE TOWED DUE TO VEHICLE DAMAGE Y N ❑ UNKNOWN DRIVER TAKEN: Y N ❑ UNKNOWN BY: TO: BY: TO: VEHICLE DAMAGE INJURY: MARK ALL THAT APPLY: ❑NO APPARENT ❑POSSIBLE ❑MINORGTED SUSPECTED❑SE IOUS ❑FATAL I- DAMAGE ESTIMATE El ROLLOVER El NONE ❑UNDERCAR EQUIPMENT: NO EOP USED LAP ONLY LAP/SHLDR ❑CHLD RST-PRP A/BAG-DEPLYD Cc ❑ UNDER$2500 ❑TOTALED ❑NONE INSTLD ❑UNKNOWN ❑SHLDR ONLY ❑HELMET ❑CHLD RST-IMPR ❑A/BAG-NOT DP u ❑ OVER$2500 ®UNKNOWN ACTION/ARREST/CITES USE ARROW TO SHOW FIRST*PACT SHADE IN DAMAGED AREA UNIT ❑ PASSENGER NAME ADDRESS # ❑WITNESS SEX RACE DOB PHONE: ❑HOME El WORK ❑CELL INJURY:❑NO APPARENT ❑POSSIBLE L' LF ICF RF OTHER: EJECTED EXTRCTD ❑SUSP MINOR ❑SUSP SERIOUS [--]FATAL LR OR RR Y P N Y N PASSENGER TAKEN: Y N ❑ UNKNOWN EQUIPMENT ONOEOPUSED OLAPONLY LJ LAP/SHLDR I I CHLD RST-PRP A/BAG-DEPLYD BY: TO: ❑NONE INSTLD ❑UNKNOWN ❑SHLDH ONLY ❑HELMET ❑CHLD RST-IMPR ❑A/BAG-NOT DP UNIT I❑ PASSENGER NAME ADDRESS # ❑WITNESS SEX RACE I DOB PHONE: ❑HOME ❑WORK ❑CELL INJURY:❑NO APPARENT ❑POSSIBLE LOLF TION PIP EJECTED EXTRCTD ❑SUSP MINOR ElSUSP SERIOUS ❑FATAL. LR OR RR YPN Y N PASSENGER TAKEN: Y N ❑ UNKNOWN EQUIPMENT FINOEOPUSED OILAPONLY 0 LAP/SHLDR 0 CHLD AST-PRP LJ A/BAG-DEPLYD BY: TO: ❑NONE INSTLD ❑UNKNOWN ❑SHLDR ONLY ❑HELMET ❑CHLD RST-IMPR ❑A/BAG-NOT DP UNIT ❑ PASSENGER NAME ADDRESS # ❑ WITNESS SEX RACE DOB PHONE: ❑HOME ❑WORK ❑CELL. INJURY:❑NO APPARENT ❑POSSIBLE LO FATIOF RF OTHER: EJECTED EXTRCTD ❑SUSP MINOR ❑SUSP SERIOUS ❑FATAL LR OR RR Y P N Y N PASSENGER TAKEN: Y N ❑ UNKNOWN EQUIPMENT NO EDP USED LJ LAP ONLY Lj LAP/SHLDR 0 CHLD RST-PRP LJ A/BAG-DEPLYD BY: TO: ❑NONE INSTLD ❑UNKNOWN ❑SHLDR ONLY ❑HELMET ❑CHLD PST-IMPR ❑A/BAG-NOT DP DISTRIBUTION , City Of Woodburn Public Works-Jeff Crabtree OFFICER NAME/NUMBER DATE AGENCY APP JI�IQVOA C.Alcorn 59057 09/20/2022 Woodburn PD ,7 11111FITENTYEXH"114"TEREEM311 79 Page 4 of 6 POLICE INCIDENT/CASE NUMBER�EMS NOTIFIED EMS ARRIVAL LOCAL,CODES PAGE OF 2022-00011326 04:17 pm 04:18 PM I A Ell� 1 1 2 2 C-heck ONE box in all categories. Check ALL boxes that apply in categories with(*). 111111112113321�� mm. �* I molyromEdwTWO m Emprowurmulam NON COLLISION 0 CLEAR #1 #2 #1 #2 #1 #2 0 NONE •OVERTURN El CLOUDY(OVERCAST) [] 7 STRAIGHT and LEVEL El El NONE 0 El TRUCK(2 or 3 AXLE) El PEDESTRIAN •FIRE/EXPLOSION El RAIN E] E]STRAIGHT w/GRADE El Q BRAKES El [3 TRUCK/TRACTOR-SEMI El BICYCLIST [I IMMERSION El SNOW E F CURVED and LEVEL 0 0 STEERING El El TRUCK and TRAILER El CONVEYANCE 0 GAS INHALATION El SLEET/HAIL/ ETC E3 E]CURVED w/GRADE El [I POWER PLANT [I [I DOUBLE TRAILERS El WHEELCHAIR El OTHER NON COLLISION [:1 FOG/SMOG El EI SUSPENSION El El TRIPLE TRAILERS ❑ ANIMAL RIDER El MEDICAL(Explain): El SMOKE VEH#1 J-NUMBER ❑ OF LANES 0 F1 TIRES El El DROMEDARY and SEMI ❑ RIDER of ANIM DRAWN VEH El BLOWING SAND/DIRT 0 El EXHAUST 177 []HEAVY HAUL CONFIG El UNKNOWN COLLISION WITH El SEVERE CROSSWIND VEH#2 _NUMBER OF LANES n n LIGHTS 171 n BUS El OTHER(Explain): [:1 OTHER I UNKNOWN 0 0 SIGNALS M 17 OTHER(Explain): 0 PEDESTRIAN 2 TOTAL NUMBER OF M n WINDOWS/WINDSHILD 0 PARKED MOTOR VEHICLE — LANES ❑ 0 RAILWAY TRAIN �� El 0 RESTRAINT SYSTEM [3 ENTER/CROSS ROAD 0012 � El El WHEELS • El BICYCLIST #1 #2 171 WALK RIDE w/TRAFF #1 #2 COUPLING PASS UNIT#1 CRASH TYPE DRY El El ONE WAY TRAFFIC 7_1 0 CARGO #1 #2 r"I WALKRIDE AGAINST E3 HEAD ON El El WET [3 NOT PHYSLY DIVIDED C E-1 OTHER 0 F-1 NONE r_1 STEP ON OFF VEHICLE [I REAR END El El SNOW/SLUSH D El INTERFERED WDRIVER 71 STEP ON OFF SCH BUS E3 71 UNDER INFL-DRUGS El APPRCH LEAVE SC BUS N ANGLE E] E]ICY MEDIAN TYPE MYTH 1 to]III 1161714 11210 1= El APPROACH/LEAVE VEH El SIDESWIPE F� 171 MUDDY N El UNPAVED #1 #2 M [I UNDER INFL-ALCOHOL [3 SECONDARY CRASH 7 M DEBRIS El El BARRIER BACKING [3 71 UNKNOWN [I WORK/PUSHING VEHICLE 0 MANNER UNKNOWN RUTS/HOLES/BUMPS El El PAVED F] F1 STOPPED [I M IMPROP RESTR EQP USE M OTHER WORKING 7 E]OTHER(Explain) 7 PLAYING FIXED OBJECT El El WORN/POLISHED [:1 El CONT LEFT TURN F] ❑[]STRAIGHT AHEAD M STANDING ❑BARRICADE [_1 Ej LOW/SOFT SHOULDER kUNnamialmOW BOULDER/HOCK [I El OTHER(Explain): ■ 1911w"10191"M 0 r]TURNING RIGHT PASS UNIT#2 F1 LYING DOWN ❑ [1 0 TURNING LEFT #1 #2 ❑ UNKNOWN El BRIDGE O/PASS or RAILING DRIVER ❑ [I BUILDING #1 #2 M 1711 MAKING U-TURN ❑ M NONE • ENTER TRAFFIC LANE 0 CULVERT HEADWALL NONE ❑ F71 INTERFERED WDRIVER CLOTHING LEAVE TRAFFIC LANE ❑ n UNDER INFL-DRUGS ❑NO CONTRAST w/BKGRND El CURBING #1 #2 E] ❑INSTRUCTION PERMIT [I El OVERTAKING 0 DITCH [:1 [:1 CONCRETE El [-I LICENSE RESTRICTION El n CHANGING LANES El n UNDER INFL-ALCOHOL 1771 CONTRASTED w/BKGRND 0 DIVIDER-CNCRT or STEEL 0 El BLACKTOP I ASPHALT 7 E]EXPIRED LICENSE [:1 []UNKNOWN M REFLECTIVE E] n AVOIDING MANEUVER*FENCE-NOT MEDIAN M M GRAVEL OUT OF CLASS 0 [_1 MERGING [I El IMPROP RESTR EQP USE OTHER *FIRE HYDRANT 0 0 DIRT E] [3 SUSPINDED/REVOKED Ej M PARKING ❑ R OTHER(Explain): [I OTHER LIGHT SOURCE El HIGHWAY GUARDRAIL El El OTHER UNLICENSED [-]NEGOTIATING A CURVE El UNKNOWN El HIGHWAY SIGN 7 OTHER E:1:411;61 nir-ml Itelor-jil El IMPACT ABSORBER DRIVER IN ROAD E]NONE E]FAILED TO YIELD ROW 0 LIGHT STANDARD #1 #2 #1 #2 ❑ IN X-WALK E:]DISREGARD TRAFFIC SIGN El MAILBOX [I FULL DAYLIGHT M NONE n M LOG BUNK ❑NOT IN X-WALK El OVERHEAD SIGN POST E]DAWN ❑ r_1 CELL PHONE USE EI 7 SEMITRAILER E]ILLEGALLY IN ROAD NO X-WALK AVAILABLE El OVERHEAD STRUCTURE [I DUSK ❑ 0 OBSTRUCTED VIEW El El POLE TRAILER E]EQUIPMENT VIOLATION INTERSECTION El PIER or COLUMN E DARK-LIGHTED WAY ❑ 0 FAILED TO YIELD HOW 0 0 FULL TRAILER ❑IN X-WALK E]CLOTHING NOT VISIBLE [I RETAINING WALL [-I DARK-NOT LIGHTED r-1 UNDER INFL�DRUGS El [I DISRGRD TRAF SIGN n F] MOBILE HOME El NOT IN X-WALK El SIDESLOPE EARTH 0 UNKNOWN M E]UNDER INFL-ALCOHOL El TOO FAST FOR COND M 0 UTILITY TRAILER D ❑NO X-WALK AVAILABLE Ej INATTENTIVE SIDESLOPE ROCK or STONE 17 ❑ MADE IMPROPER TURN 7 0 TRAVEL TRAILER OTHER DISTRACTED [I TRAFFIC SIGNAL POST El 7 WRONG SIDEANAY F] M BOAT TRAILER 0 NOT IN ROADWAY E]❑TREE 171 CELL.PHONE al on a 31*14MILIMININT-TA 7 FOLLOW TOO CLOSELY C3 71 FARM EQUIPMENT 0 ❑SHOULDER UNKNOWN El UNDERPASS TUNNEL #1 #2 IMPROPER LANE CHING ❑ M [I HORSE TRAILER El MEDIAN ❑ 0 UTILITY POLE 0 0 NONE IMPROPER BACKING E] F1 VEHICLE IN TOW 7 BIKE LANE E]OTHER(Explain): E]OTHER FIXED(Explain): [I El SCHOOL BUS LIGHTS E] M IMPROPER PASSING E] [] OTHER/UNKNOWN 1 0 UNKNOWN El El OFFICER/CROSSING El El IMPROPER SIGNAL 1 OTHER OBJECT(NOT FIXED) GUARD or FLAGGER [I [I IMPROPER PARKING SKETCH & 7N7A7R7R7AT_17VE1 2 UNIT El ANIMAL El El TRAFFIC SIGNAL w/ El ❑FATIGUE I DROWSY El THROWN/FALLING OBJECT PEDESTRIAN CONTROL El []ILL Nmrthj •UNKNOWN El El TRAFFIC SIGNAL El EI BLACKOUT _ •OTHER OBJECT(Explain): El El FLASHING BEACON [I El INATTENTIVE (NOT TO SCALE) DISTANCE AFTER (FEET) STOP SIGN [I El DISTRACTED El El YIELD SIGN El El UNKNOWN Unit I was heading north bound on Kirskey Road towards Ben Brown ON ROADWAY 0 0 FIR CROSSING GATES E-1 []IMPROP RESTR EQP USE Drive.Unit 1 went Into oncoming south bound lane and drove with its El El FIR CROSSING BUCKS 0 0 OTHER(Explain): N NON-INTERSECTION 0 0 RR FLASHING SIGNAL tires driver side tires against the curb.Unit 1 hopped the curb and drove El INTERSECTION El INTERSECTION RELATED [I El FIR CROSSING w/ in the grass near the sidewalk before hitting a yellow fire hydrant and PAVEMENT MARKINGS El DRIVEWAY ACCESS El El LANE CENTRES(LINES knocking it completely out of the ground. 0 INTERCHANGE AREA I STRIPES/DEVICES DRIVER E:1 RAILROAD CROSSING #1 #2 El 7 SCHOOL SIGNAL El BRIDGE M []NONE Unit 1 continued negotiating the curve and came back onto roadway El 0 OTHER REG SIGN M M UNDER INFIL-DRUGS El OTHER ON-ROAD AREA before s inning out.There was extensive damage to the driver side of [1 TUNNEL M n TURN LANES 7_1 M UNDER INFL-ALCOHOL p OFF ROADWAY El 0 UNKNOWN El El UNDER INFL-MEDS the vehicle with all airbags deployed.Unit I came to a rest facing west In El SHOULDER El El UNDER INFL-MARIJUANA the north bound lane. ❑TURNOUT [I El UNKNOWN ❑ROADSIDE #1 #2 DETERMINED BY: El BEYOND RIGHT OF WAY 0 0 NO MALFUNCTION ❑MEDIAN D El DOWN/MISSING El 0 INTOXILYZER TEST ❑DRIVEWAY E3 El TURNED FROM El El BLOOD OR URINE TEST ❑PRIVATE DRIVE PROPER POSITION [I El FIELD SOB.TEST ❑RAILROAD CROSSING OBSCURED BY [I [--I OBSERVED(SPEECH, ❑OTHER OFF ROAD OTHER SIGNS ODOR,ETC,) ❑PARKING LOT 0 El DIRE EVALUATION ❑UNKNOWN El El OBSCUREDBI, El [:1 STATEMENTS • PARKED VEHICLE [I El UNKNOWN El El OBSCURED BY El El OTHER(Explain): 0 NONE VEGETATION El CONSTRUCTION El El LIGHTS MALFUNCTION El MAINTENANCE-ORS 81 1.23o El El LIGHTS STUCK RESULTS OF TEST: 0 UTILITY 0 El GATES INOPERATIVE D I_% D2.____.._% 0 SNOW El El GATE ARM MISSING [I [-I NO TEST GIVEN 0 SCHOOL 0 El OTHER FIR MALFUNCTN F-1 []TEST REFUSED 0 UNKNOWN WORK El 0 OTHER IMPAIRMENT 7_1 El TESTED FOR DRUGS El OTHER N El UNKNOWN El El RESLTS NOT AVAILABLE, EXHIBIT 4 80 Page 5 of 6 Woodburn Police Department �k 1060 Mt. Hood Avenue Woodburn, Oregon 97071 TOWED VEHICLE NOTICE (503) 982-2345 yr A motor vehicle in which you have a legal interest has been identified as being in violation of state law and has been taken into custody and removed by the Woodburn Police Department. It is being stored at your expense until such time as the person(s) entitled to possession of the motor vehicle provide proof of ownership and compliance with financial responsibility requirements under Oregon state law. The vehicle has been taken to the following towing and storage facility in Woodburn,OR: Baker&baker AAA, 2875 Newberg Hwy(503)981-9597 [ ] M&M'Tow'ing,947 S Pacific Hwy(503)982-2751 TOWING AND STORAGE CHARGES: The vehicle is subject to towing and storage charges.You can contact the above listed'facility for information on the exact charges that must be paid before the vehicle will be released and procedures l'or obtaining release of the vehicle. LIEN FOR TOWING AND STORAGE CHARGES: The vehicle and its contents are subject to a lien for towing and storage charges and will be subject to sale by the towing and storage facility where it is located. TO CLAIM THE VEHICLE: You may claim your motor vehicle by providing proof of ownership or the right to possession and either payment of the towing&storage charges or the deposit of cash security or a bond equal to the amount of the charges. You must also provide written documentation of ownership and written,verifiable,insurance documentation from an insurance company. You must obtain a release from the police department(on Monday through Friday from 8:00 a.m. until 5:00 p.m.)in order for your motor vehicle to be released by the towing company. The police department will charge you an administrative fee of $150.00 to provide for the release of your motor vehicle.(no personal checks accepted) REQUEST FOR HEARING: If you want to contest the validity of the towing of your motor vehicle,or the reasonableness of the storage charges,you may request a hearing.You must file your request in writing with the Woodburn.Municipal Court, 270 Montgomery Street,Woodburn, Oregon,97071 Your re nest must a made within five(5)ca a dar days after the motor vehicle was impounded. Location: 1 -- J , _�. , y'Vcooj y3o N • Police Officer: R L(.0 0 D.P.S.S.T.#: c5cio R:+ Irate/Time: C) 1 ,/2.'2 ( Citation Number: Vehicle License#: M Make: - D`YQTb.. _ Color: (I�-_�--V-- CONDITION Yr�,s No I"rEm YEs No ITEM YEs No 'TIRES/WI1t.:riLs YES No I]"EM IDENTIDICATION No. WRIiCK131) SEA]"(FRONT) MONEY LEE FRoNr CAMPER BURNFD SEA](REAR) CAR SEAT RI(,arr FRONT CARGO VANDAI,I ED RADIO LCP'I'REAR. L'ip1:7Y METAL/ I'API: e"NS DECK/ Tool's IZ1CiI'I'I'RI:'.AlzI'I2A.II,L!'.R S I RIP CD IrI.AYTR MISC PAR ISS"TRIP TAPES/CDs MISc: SPARE OTHER I�.NG/TRANS S"1'RIP C1.oI'IIING ±SP11'1A Ir1ICAPS VIN SWI]C,'li h:,N1]](7N KEY 1.WII[iI?.L,;. 0 In addition to any other statutory authority V(� 1-}I I A o vv W ItcT to tow this vehicle I am also towing this vehicle for Community Caretaking pursuant to ORS 133.033(2)(a)(A)or(2)(b)(a)because I cannot be assured that the vehicle or its contents will not come to serious harm or theft if left at its current location. T'o"n Distribution: WHITE Original YELLOW Police Records PINK Vehicle Driver/(:)'In,ter EXHIBIT 4 81 Page 6 of 6 Downtown Core calls for service 07/14/2023-07/14/2025 Call Type Calls TRES 74 .�,�.. SUSP PERSONNEHICLE 55 ',,✓ INTOXSUBJECT 37 PUBL 35 ., " s FIR 28 ABATG 227t'' my SUSPACTIVITY 21 ALRMAUDIBLE 20 GRAF 19 WRNT 19 : ✓da,�; AREA 18 .. i s � odraS FOOT PATROL 16 i MVA NON INJ 16 EDP 15 ORD 14 DIST 14 �' >r<,�„ WELFARE CHECK 14 ✓ �"' ,� - '�'"F '' air/'.¢ LOIT 13 ANIM 12 HITRUN 12 „"` THEFTCOLD 12 ' �,/"�' •;"-*�� FRAUD COLD 12 ILLEGAL CAMPING 10 PARKING VIOLATION 10 PROPERTY B DUII B EXTRA 7 ABAN 7 VAND 7 SHOTS HEARD 6 HAIRS 6 ASLT 6 THEFT 1 6 CIVIL 5 EVAL F 4 BURG COLD 4 DRUG 4 TRFA 4 ALRM SILENT/HOLDUP 4 911HANGUP 4 INFO 3 ADA 2 FOUND CHILD 2 FRAUD 1 2 DRIV 2 LID 2 MENACE 2 MVA INJURY F 2 ORD TALL GRASS 2 ROBBERYARMED 2 RSTR 2 SEX OFFENSE 2 TEST CAD PD 2 UNKMEDF 2 UNC F 1 FAM D NC 1 GUN 1 KDNP 1 SICK 1 SUICTHREAT 1 BURG 1 1 BLEED F 1 ELUDE 1 JUV PROBLEM 1 BACKYARD 1 THREATS 1 DOA 1 FAMD 1 CARD F 1 ORDS 1 HEAD F 1 NOISE 1 MEDIC STANDBY F 1 DHS 1 Total Calls 740 EXHIBIT 5 82 Page 1 of 1 Q N a rn rn rn rn rn rn rn rn rn rn rn rn rn Ey ~ O a cn O O O O O O O O O O O O O � Z Z Z Z Z Z Z Z Z Z Z Z Z E t O O O O O O O O O O O O O a p Q Q Q Q Q Q Q Q Q Q Q Q Q = W z z z z z z z z z z z z z ^ Im > > > > > > > > > > > > >N W mmmmmmmmmmmmm IL 0 0 0 0 0 0 0 0 0 0 0 0 aEi 00 00 00 00 00 00 00 00 00 00 00 00 00 F m w w o W F m Z F (n U 0 F U U U w Z F Z Z w W F Z Z Z w (n w LL (n K Q (n 'E S Z Z Z Z Z Z 0 0 Z Z Z Z m �o �Q 0 0 0 0 m O O O O a U U U U F O O W � O O � W O � O W LL O z Q U w d :5 �3 p W a � d0' Q fWj� C) U K U : w F Z O K C) C) Z J Q W Z O F F p Q U U xs a W Q Z C� Q W Z N O F < O j S Q O m U U O of F O Q [- E Of :E of 0, p Q OJ w zz � U Fn w m O U O N a � 0 w < Q w w f Z U W d K U Z U OQ p F w Q If Q Q Q F W Z K Q S N Q w 0 W Q Q W Z d 7 of a W U F Q > m S a w 0 w WFU' F F Z Q K Q F w W K Z Q Q C) C)w Of x W 0Of n0 Q U D o S 0Z d O U K Z X -6 U Q Q z O m Q W � Q of W � � U U p O w W W O of O S O w Q w F F Q > > O Q Z U U Y C7 QU' K e w Q Q K m W, E Q W Q W a Q Q Q Q Q Q m Q � o a C) = F w s a m �S w U F W w U w U z a O Q H Q Q U W w S Q O O (Qil (7i7 H 0 Q m W D v v v v v v v v v v v v v O Z O O of of M O V O I� N of of I� 0 z r rn co m m � m o v v m N m rn O O N o m o 0 m r ro ro r r ro ro ro ro ro ro ro ro WOODBURN POLICE DEPARTMENT CASE# 2023-00008905 CASE REPORT 1060 MT HOOD AVE ®AXON VIDEO WOODBURN OR ISI AXON PHOTOS 97071 REPORTED DATEFIME OCCURRED INCIDENT TYPE CASE STATUS ~ 07/15/2023 19:43 Criminal Mischief Inactive z w OCCURREC FFOM DATEINME OCCURRED THRJ DATENME LOCA TON OF OCCURRENCE w 553 FRONT STREET 07/15/2023 19:43 07/15/2023 19:43 GRANT ST E LINCOLN ST,W LINCOLN ST WOODBSTATI TFT)F.. RP ION ['[11NTS ATTFMPTC:"]MMIT 164.345 CRIMINAL MISCHIEF III VANDALISM 1 Attempted co w u0 z w U. U. 0 SUBJECT TYPE NAME(LAST FIRST MIDDLE SUF=1X; Sus ect ZIRANGUA IZABEL F ACE or ACE RANGE ADDRESS(STREET,CIT',STA-E,ZIP; w 28 990 PACIFIC 12 WOODBURN OR 97071 PACE SEX HEI3H-or RANGE 'IVEIGHi or RANGE HAIR. EYE Hispanic or Latino Female 52 130 Brow Brown DL NUMBERr5-ATE PR.IMARV PHONE I PHONE TYPE OTHER.PHONE!PHONE TYPE SSN HOME 503 619-5402 SUBJECT TYPE NAME(LAST FIRST MIDDLE SUF=1X; Victim ZEPEDA NORMA F AGE ur AGE RANGE ADDRESS(STREET,CIT',STA-E,ZIP; w 34 2692 DUKE STREET WOODBURN OR 97071 PACE SEX HEI3H-or RANGE 'HEIGHT or RANGE HAIR. EYE Hispanic or Latino Female 507 170 Blac Brown PRIMAR4'PEON:I PHONE TYPE OTI IEF PI ZONE 1 PI IONC TYPE SSN HOME OR 971 216-2979 SUBJECT TYPE NAME(LAST FIRST MIDDLE SUF=1X; F DOE AGE or AGE RANGE ADDRESS(STREET,GT-,STA-E,LIP, w m PACE SEX HEI3H-or RANGE 'IVEIGHi or RANGE HAIR. EYE DL NUhLiCRr,-ATE PPIMARY PI IONS I PI ICNC TYPE OTHER PHONE 1 PHONE TYPE SSN REPORTING OFF ICEF DATE FEVIVVED BY Chester, Darlyn, 58914 07/15/2023 Wino Chris R 08/04/2023 1 ❑F 4 Cr Xt4jj§jy06jage 1 OF 4 84 Page 1 of 4 WOODBURN POLICE DEPARTMENT CASE REPORT CASE# 2023-00008905 1000 MT HOOD AVE WOODBURN OR 97071 GEN ERAL PROPERTY PROPERTY CODE 09-Axon QUANTITY KNIT OF MEASURE COLDR Axon PhotoE 1 Set SERAL NUMBER JVALUE CAN R.ECEVED DATE W W 07/15/2023 DESCRIPTION PHOTOS OF NORMA'S TRUCK PROPERTY CODE 09-Axon QUANTITY UNIT OF MEASURE COLDR Axon VideoE 1 Unit a SERALNUMBER VALUE CAN PECEVED DATE W W 07/15/2023 DESCRIPTION VIDEO OF SUSPECT THROWING BOTTLE PROPERTY CODE QUANTITY KNIT OF MEASURE COLDR J jy SERALNUMBER VALUE CAN PECEVED DATE LL W Z W DESCRIPTION FIREARMS PROPERTY FIREARM PROPERTY CODE VALUE MAKENVDEL DUI,TYPE SUN ACTIGV CY W RECEIVED DA-E SERIAL FINISH 7a LL AF]f:ITIC,NAI f.FSCRIPTI\,F INF RMATIO FIREARM PROPERTY CODE VALUE MAH:ENODEL GUN TYPE GUN ACTICN c[ W REC'_IVED DA-E SERIAL FINISH CAL BER LL ADCITIONAL CESCRIPTIVE INF03MATION Ir'I:PO-IN,3 OFF ICCf. DA-C RCVIC I%FD DY Chester, Darlyn, 58914 07/15/2023 Wingo, Chris R 08/04/2023 2 OF4 CasjteppFf4jj§jy P,re 2 OF 4 85 Page 2 of 4 WOODBURN POLICE DEPARTMENT CASE REPORT CASE# 2023-00008905 1060 MT HOOD AVE WOODBURN OR 97071 VEHICLES as PROPERTY PROPERTY CODE PROPERTY TYPE VALUE ca 00-Involved Vehicle Vehicle -Automobile -321 = VEH YR TYPEiMAHEMIODEL STYLE W 2003 1 Auto FORD F100 I'- PLATE ISTATE VIN TOP COLOR BOTTOM COLOR a 497NAA/OR 2FTRF07383CA54245 Blue Blue a ADDITIONAL DESCRIPTIVE INFORMATION a PROPERTY CODE PROPERTY TYPE VALUE W 00-Involved Vehicle Vehicle -Automobile -321 �s = VEH YR TYPEiMAHEMIODEL STYLE 2003 Auto HYUNDAI ELANTRA I'- PLATE ISTATE VIN TOP COLOR BOTTOM COLOR Id` 0 CDZ1727/WA Gold Gold � 7ESCRIPTIVE INFORMATION a PROPERTY CODE PROPERTY TYPE VALUE W J V 2 VEH YR ITYPEIMAKENODEL STYLE W PLATE ISTATE �VIN TOP COLOR BOTTOM COLOR Q' W a O ADDITIONAL DESCRIPTIVE INFORMATION a PROPERTY CODE PROPERTY TYPE VALUE W J U = VEH YR ITYPENAKENCIDEL STYLE W PLATE ISTATE VIN TOP COLOR BOTTOM COLOR Q-' W a O a ADDITIONAL DESCRIPTIVE INFORMATION PROPERTY CODE PROPERTY TYPE VALUE W J CS 2 VEH YR ITYPERAKENODEL STYLE W PLATE ISTATE �VIN TOP COLOR BOTTOM COLOR IQ' W O a ADDITIONAL DESCRIPTIVE INFORMATION IL REPORTING OFFICER DATE REVIEWED BY Chester, Darlyn, 58914 07/15/2023 IWingo, Chris R 08/04/2023 3 ❑F4 CasjtepprA Jj§jy're 3 OF 4 86 Page 3 of 4 WOODBURN POLICE DEPARTMENT CASE REPORT CASE# 2023-00008905 1060 MT HOOD AVE WOODBURN OR 97071 NARRATIVE Distribution: OLCC Narrative: Corporal Darlyn Chester On 07/15/23 at about 1943 hours, Norma Zepeda, called from Casa Marquez Mexican Grill, 553 N Front St, Woodburn, OR 97071 to report a disturbance. Norma reported there was a confrontation with another individual between her sister and another female customer that was on the bar side of the restaurant. Norma reported there was nothing physical and the other female had already left. When I got to the location Norma told me the other female was yelling at her sister about their vehicles and being in the alley. Norma told me when her sister left the area with her Ford Truck—OR 497NNA the suspect, identified as Izabel Zirangua followed them and threw a green glass bottle from the passenger side of the car she was riding in. Norma showed me her truck and pointed out a few scuffs and marks but was not entirely sure which of the marks was caused by the bottle. I reviewed the video that they provided me and the suspect car, Hyundai Elantra—WA CDZ1727 was see passing the Ford in oncoming traffic, and a green bottle being thrown from the passenger side. In another video, Izabel is seen in the passenger side of the car as it drives away. In the video that the bottle was thrown, I am not able to see who threw it from the car. I attempted to contact Norma about which of her sisters was driving her truck and determine if they saw Izabel throw the bottle but she has not returned my call as of 08/02/23. Case inactive at this time. REPORTING OFFICER DATE REVIEWED BY Chester, Darlyn, 58914 07/15/2023 Wingo, Chris R 08/04/2023 4 ❑F4 CasjtepprA Jj§jY're 4 OF 4 87 Page 4 of 4 WOODBURN POLICE DEPARTMENT CASE# 2023-00011369 CASE REPORT 1060 MT HOOD AVE ®AXON VIDEO WOODBURN OR ®AXON PHOTOS 97071 REPORTED DATETIME OCCURRED INCIDENT TYPE z 09/02/2023 23:36 Assault w OCCLIRREC FFOM DATETIME OCCURRED THRJ DATENME LOCA TON OF OCCURRENCE w 553 FRONT STREET 09/02/2023 23:36 09/03/2023 02:00 GRANT ST E LINCOLN ST,W LINCOLN ST WOODBSTATI TF)F.. RP ON ['[11NTS ATTFMPTIC:"]MMIT 163.160 ASSAULT IV 1 Committed 164.365 CRIMINAL MISCHIEF I CRIME DAMAGE 1 Committed w u0 z w U. U. 0 REPORTING OFFICEF DATE FEVIVVED BY Leis, Jesse, 62660 09/02/2023 Titus Christopher 09/03/2023 1 ❑F 6 CasjteppTAjj§j'r ge 1 OF 5 88 Page 1 of 1 WOODBURN POLICE DEPARTMENT CASE# 2023-00013131 CASE REPORT 1060 MT HOOD AVE ❑AXON VIDEO WOODBURN OR ❑AXON PHOTOS 97071 REPORTED DATEFIME OCCURRED INCIDENT TYPE = 10/07/2023 21:01 Criminal Mischief w OCCLIRREC FFOM DATEFIME OCCURRED THRJ DATEMME LOCA TON OF OCCURRENCE w 553 FRONT STREET 10/07/2023 21:01 10/07/2023 21:01 GRANT ST E LINCOLN ST,W LINCOLN ST WOODBSTATI TF)F.. RP ION ['[11NTS ATTFMPTIC:"]MMIT 164.354 CRIMINAL MISCHIEF II VANDALISM 1 Committed co w u0 z w U. U. 0 REPORTING OFF ICEF DATE VIVV D BY Williams,Zach, 44521 10/07/2023FE Titus Christopher 10/09/2023 1 OF 3 CasibpTffii 0 tl Oe 1 OF 3 89 Page 1 of 1 WOODBURN POLICE DEPARTMENT CASE# 2024-00002638 CASE REPORT 1060 MT HOOD AVE ®AXON VIDEO WOODBURN OR ❑AXON PHOTOS 97071 REPORTED DATETIME OCCURRED INCIDENT TYPE = 03/03/2024 00:01 Weapons Violations w OCCLIRREC FFOM DATETIME OCCURRED THRJ DATENME LOCA TON OF OCCURRENCE w 553 N FRONT STREET 03/02/2024 23:00 03/02/2024 23:30 GRANT ST E LINCOLN ST,W LINCOLN ST WOODBSTATI TF)F.. RP ON ['[11NTS ATTFMPTIC:"]MMIT 163.190 MENACING 1 Committed 166.220 UNLAWFUL USE OF WEAPON Possess illegally) 1 Committed w u0 z w U. U. 0 REPORTING OFFICEF DATE FEVIVVED BY Sain, Kathryn, 61329 03/03/2024 ICarpenter, Geoffrey 03/12/2024 1 OF 4 J2kf3�o,��AQ(�QQ26j de 1 OF 4 90 Page 1��TTof''�� 1 WboibBURN Ig �9W& Inc orpornreA 1889 July 22, 2024 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 1.43 Acres of Territory Known as the Brown Street Property at 1025 Brown St (ANX 24-01) and Approval of Designation of the Residential Single Family (RS) Zoning District RECOMMENDATION: Conduct a public hearing and make a motion to tentatively approve the land use application, directing staff to prepare and submit annexation and zoning designation ordinances for consideration at the next City Council meeting. BACKGROUND: The item before the Council is action on annexation application ANX 24-01 by Stafford Homes & Land, LLC for property totaling approximately 1 .43 gross acres at 1025 Brown Street south of Bridlewood Lane / Comstock Ave and north of Tulip Avenue. The territory is eligible for annexation because it's within the City urban growth boundary (UGB), as well as being like an "island" because city limits surround it. 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. Per Comprehensive Plan Policy Table 1 , the default compatible base zoning district is Residential Single Family (RS). The applicant accepts the base zoning district. Development Applications There are none because the applicant proposes no development, only annexation and zoning designation through Zone Change 24-01 . Project Summary Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance_x_ 91 Honorable Mayor and City Council July 22, 2024 (ANX 24-01 1025 Brown St) Page 2 Because the applicant proposes no development, there is no project. Below is an aerial view of the territory to be annexed. r �, ,�//Ghf✓yr,l0' y. r' s 1 f r f r r , Aerial map (2016) with annexation territory outlined in purple 92 Honorable Mayor and City Council July 22, 2024 (ANX 24-01 1025 Brown St) Page 3 Annexation Agreement 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 Oregon Revised Statutes (ORS) 197.758(1 )(b) and Oregon Administrative Rules (OAR) 660- 046-0020(12) define, staff recommended an annexation condition. The applicant took the initiative to submit a draft agreement, which the applicant and staff revised leading up to the Planning Commission staff report. The condition that the Commission recommends requires the applicant to enter into an annexation agreement for the annexation to become effective. In short, an annexation agreement lists and describes the dedications, grants, and public improvements necessary to conform with the Woodburn Development Ordinance (WDO) and establishes provisions for the effect on the agreement when changes in statute 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. Commission Recommendation The Planning Commission on June 13, 2024, heard and unanimously recommended approval of the annexation and zoning designation with the condition of approval recommended in the Commission staff report (Council Attachment 1 ). Testimony Besides the applicant, there was none. 93 Honorable Mayor and City Council July 22, 2024 (ANX 24-01 1025 Brown St) Page 4 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 13, 2024, particularly its Attachment 102 Analyses & Findings, addresses the criteria for annexation and finds them met. The Council reviews and decides upon the annexation and zoning designation 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) 1025 Brown St 051 W 18C001200 $174,830 $1,058.32 Tota I: $174,830 $1,058.32 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. 94 Honorable Mayor and City Council July 22, 2024 (ANX 24-01 1025 Brown St) Page 5 Attachments: 1 . Planning Commission June 13, 2024, Staff Report and select attachments: 101 . Marked Tax Map 102. Analyses & Findings (16 pages) 102A. Public Works comments (December 6, 2023 & June 4, 2024) 103. Annexation Exhibits A2 & B2 maps of property and right-of-way legal descriptions (May 1, 2024) 103A. Annexation Service Provider Letters (SPLs; 4 pages) 105. TSP Fig. 2 "Functional Roadway Classification" 2. Annexation Agreement Draft as reference (July 17, 2024; 7 pages) 95 ; � -'- N Fncorpo, 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 13, 2024 (Prepared June 6, 2024) Item: "Brown Street Annexation" (ANX 24-01) Tax Lot(s): 051W18C001200 (1025 Brown St) Table of Contents ISSUE BEFORE THE PLANNING COMMISSION.....................................................................1 EXECUTIVE SUMMARY....................................................................................................2 RECOMMENDATION .......................................................................................................4 CONDITION(S) OF APPROVAL ..........................................................................................4 ACTIONS .......................................................................................................................6 ATTACHMENT LIST.........................................................................................................7 Issue before the Planning Commission Annexation ANX 24-01 (Type IV) of territory at 1025 Brown Street: Commission is to hold a public hearing and make a recommendation to the City Council. 96 Executive Summary Location The proposal is annexation of territory into city limits of approximately 1.43 gross acres composed of Tax Lot 051W18C001200 and adjacent right-of-way (ROW) of Brown Street. a a�w u 5� e Vicinity of subject property;subject property outlined in purple ANX 24-01-1025 Brown St Staff Report Page 2 of 7 97 Annexation & Zoning Designation Because the Comprehensive Plan land use map designates the territory Low Density Residential per Comprehensive Plan Policy Table 1, the default corresponding zoning district is Residential Single Family (RS). Along with an annexation ordinance, in response to the application for zone change (also termed rezoning or re-zoning), the Council would by separate ordinance designate the annexed territory as the RS base zoning district. The Public Works Department, Woodburn Fire District, and Woodburn School District gave the applicant annexation service provider letters (SPLs; Attachment 103A). 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 this Commission staff report. A proposed condition requires the applicant to enter into an annexation agreement for the annexation to become effective. 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)." ANX 24-01-1025 Brown St Staff Report Page 3 of 7 98 Staff finds that the proposal meets applicable Woodburn Development Ordinance (WDO) provisions per the analyses and findings (Attachment 102) and with the recommended condition(s) of approval. Recommendation Approval with condition(s): Staff recommends that the Planning Commission consider the staff report and attachments and recommend approval to the City Council application with the recommended condition(s) included with this report. Condition(s) of Approval The conditions are copied from towards the end of the analyses and findings (Attachment 102): 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 ANX 24-01-1025 Brown St Staff Report Page 4 of 7 99 (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; (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. ANX 24-01-1025 Brown St Staff Report Page 5 of 7 100 Actions The Planning Commission may instead act on the land use application to recommend to: 1. Approve with modified condition(s), 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 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. The Council would also accept an annexation agreement that the applicant and staff prepared.) ANX 24-01-1025 Brown St Staff Report Page 6 of 7 101 Attachment List 101. Marked Tax Map 102. Analyses & Findings 102A. Public Works comment (December 6, 2023 &June 4, 2024) 103. Annexation Exhibits A2 & 132 maps of property and right-of-way legal descriptions (May 1, 2024) 103A. Annexation Service Provider Letters (SPLs; 4 pages) 104. Annexation Agreement Draft as reference (May 31, 2024; 7 pages) 105. TSP Fig. 2 "Functional Roadway Classification" ANX 24-01-1025 Brown St Staff Report Page 7 of 7 102 1` ZOO of c o V Z c� of a w � U V oC DC a �u o a 00 O �� III a n `n Q3 w ¢O VIv O� \ m Hv II a � m I (4f z z a 00 I O y x % 0 Q w :_ O L.r I wU nLn `o V �� ;L�J� z�S O Ln O f._. °� l Z v �, CD s �¢ a ,4 o O 0 o u - a " z � _rrme�_________ 0 m z 5 Rmo my �o a -1 Q o i4� moo " a a v + ®-0 0 CD z� m a Y � x AbM \% NDO16/rypD I f � I °s oa-D—n I a � _1 I rn IOU A O s wa 0 M M w n z IGo & < n .1S,. 219 BROWN ST z o o 0 Cl) m� FOXGLOVE X ® sr o M m c'> O c iy -_�� ° ,° ° m a ° ��sd � la t n---------------- DAHLIA sr ° T ll FOXGLOVE ° o i o m y m "Oa ° s � o n srILL ' ° 1407, CD I ° m 1s O m�S, sae' m e ('7 CD ° 07 '.CD O DEB°bN 09 0 I drvd� ° � bI3 ° aG �'0 ° ° M 0 � I I ° ° U � a �M1 a M W� Q W r �� Ln 0 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 Woodburn D�vW I .1 , ,ur,a,ric .. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,",,,,,,,, , C r�:,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,(,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,), BCD 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 16 104 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 (IRS) 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: 985 sr C �uIST�1�CKECVE 1 oy i s �� CC3IUIS7OCKAVE y e s a s 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, •: 1 -�. � 1Y s517��`I/ ' o-1 afi�Re3A s i le_asleas 1024 - 0 025 102 1067 ios � 1067 6 028 Y4 42 jip 0 t1 a9 1135 A 50 57 i'4 _ 1179 tg a TIga �_..NJE Comprehensive Plan land use map excerpt Zoning map excerpt Cardinal Direction Adjacent Zoning North IRS; east of Brown St: Meadowood in Woodburn subdivision, west of Brown St: Steklov Addition Phase 1 subdivision East IRS; Brown Street Estates Brown Street Annexation ANX 24-01&ZC 24-01 Staff Report Attachment 102 Page 2 of 16 105 South IRS; Boones Crossing Phase 2 subdivision West IRS; 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)? .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 16 106 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 16 107 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 16 108 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 16 109 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 16 110 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 16 111 "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 16 112 "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 16 113 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 16 114 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 to change the Official Zoning Map,ina manner 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 in the Transportation System Plan.This shall beaccomplished by one of the 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 of the Transportation Planning Rule; or, C. Altering land use designations,densities,or design 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-O2 comes 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. Brown Street Annexation ANX24-0l&ZC24-0l Staff Report Attachmentl02 Page 12of16 115 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 consolidates the annexation and zone change. Brown Street Annexation ANX 24-01&ZC 24-01 Staff Report Attachment 102 Page 13 of 16 116 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 16 117 (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 16 118 Applicant Identity Applicant Stafford Homes & Land, LLC Applicant's Bryan Cavaness, General Counsel, Stafford Homes & Land, LLC Representative Landowner(s) Stafford Homes & Land, 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. Brown Street Annexation ANX 24-01&ZC 24-01 Staff Report Attachment 102 Page 16 of 16 119 Colin Cortes From: Colin Cortes Sent: Tuesday, June 4, 2024 9:23 AM To: Dago Garcia Cc: Curtis Stultz Subject: RE: ANX 23-03 staff report due Thu Dec 7 Dago: Please send a fresh e-mail for ANX 24-01, assuming your comment is the same, thanks, by Thursday morning. Colin Cortes, AICP, CNU-A Senior Planner Ph. (503) 980-2485 From: Dago Garcia <Dago.Garcia@ci.woodburn.or.us> Sent:Wednesday, December 6, 2023 4:47 PM To: Colin Cortes<Colin.Cortes@ci.woodburn.or.us> Cc: Curtis Stultz <Curtis.Stultz@ci.woodburn.or.us> Subject: RE: ANX 23-03 staff report due Thu Dec 7 Hi Colin, There is not need for public works conditions since public works conditions are going to be address with the agreement. Thank You From: Colin Cortes< .o..n �a tes22.c.i wo o ?�r.2 o......................:s> ...... ....................... ..... Sent:Tuesday, December 5, 2023 10:35 AM To: Dago Garcia <. . .g.g.:.lu. ..!::::.!. ... .::!..:. .gg. .. .!..!::!J..:.g.!:::. :s..> ............ ..............................> Cc: Curtis Stultz <Curt.is..Shultz@c:i.woodb�urn.oi�.�us Subject: ANX 23-03 staff report due Thu Dec 7 Dago: If there's need for Public Works conditions of approval for ANX 23-03 Brown Street Annexation (1025 Brown St), please pass them along, thanks. Planning staff will publish the staff report sometime Thursday, December 7, a week prior to the December 14 Planning Commission hearing date. .!.. . ... :. .......:!. ..!:.: .. ..... .!::.!. .P......g..l�..�...2�....g..l�..l�.....!:�p:.g.�:e.!::.!.a.l.:`�.:. Colin Cortes, AICP, CNU-A Senior Planner Ph. (503) 980-2485 1 120 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=17'49'27" 'N R=220.00' oOti A=68.44' a� CH=N 07'49'46" 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 g00NE5 CRO.SSINCI PHASE 2 REGISTERED "" PROFESSIONAL LAND SURVEYOR Attachment ORE ON 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 121 EXHIBIT B - 2 ANNEXATION FOR FSTAFFORD 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 Cn i LOT 27 W 60 ;0 z LO p �0 LOT 26 Gy o U� �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'-3w- i `S 01°04'58" E 68.55' N 89°50'15" E 311.08' TRACT B LOT 62 LOT 63 LOT 64 LOT 65 LS 88°55'02" W 30.00' 7p'ooNES crosslNc, �ooNEs crzosslNc, �I f,45E REGISTERED ," PROFESSIONAL LAND SURVEYOR OREGON JANUARY 19, 1993 DONALD D WALLACE,JR AttachmentK.L.S. SURVEYING INC. 2601 1224 ALDER STREET RENEWS 6/30/24 PageVERNONIA, OREGON 97064 (503)429-6115 Traverse PC 122 f f PUBLIC WORKS DEPARTMENT 190 GARFIELD STREET WOODBURN, OR 97071 1rrro r Jaioraf < F 1 86, November 10, 2022 Max Root, Development Asst. Stafford Homes & Land 8840 SW Holly Lane Wilsonville, OR 97070 Re: Annexation Certification Subject Property: 1025 Brown Street, Woodburn, OR 97071 Marion County Tax Map: 051W18C001200 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. If you have any questions, please contact me at 503.982.5248. Sincerely, Z?t�?�S4� Dago Garcia, P.E. City Engineer City of Woodburn .............................................................................................................. ttac t Pa 123 From: 2aose Gibbs To: Maxwell Root Subject' RE: zuzs Brown st Annexation Service Provider Letter Date: Tuesday, mo,em»e,o' 20226:36:15AM Max, Typically | have sent in an email response to reflect we can absorb the capacity for Woodburn Fire District response. This email is an official response that Woodburn Fire District covers 75 square miles, this property was already a part of our response and the added houses, as long as water supply and fire access meet our requirements, we can support the added capacity for fire and medical responses. James Gibbs Fire Marshal Woodburn Fire District 1776 Newberg Hwy Woodburn, DR 97071 (503) 982-2360 From: Maxwell Root [mai|Uu:max@staffond|andmmVany.mm] Sent: Thursday, November O3, 2O229:40AM To: James Gibbs Subject: RE: 1025 Brown St Annexation Service Provider Letter ****'Fbio eoumiliofrcmzaoEXl F.RNAL oe.odrz.��e.ruioe.oau4ioowbe.oa��oiogu�nob��4oaroliok finks frcmz uokriawooe.ode.rsar emiaH **** Good Morning, IS there anything else I can provide to help expedite the service provider letter? Thanks, Max From: Maxwell Root Sent: Wednesday, October 12, 2022 10:44AM To: 8ibbsj@vvoodburnfire.com 124 Subject: 1025 Brown St Annexation Service Provider Letter Good morning, Thanks for taking my call, as discussed, we need a service provider letter from the Woodburn Fire District to annex in a property. The property is 1.43 acres, zoned for 5-6 single family residential houses. Due to the lots configuration, 6 is a stretch. Please let me know if you need any further information. DEIVELOPMH,,J CO, MaxIIIRoot III )ev6qpineiqt Asst, 8840 SW Il lVHy Il aine, W soi*HHe, 0 7070 ji, Mobi1e' 503 739 2649 s a f o ii d i o ii n e s a ii i d a ii i d............coil In I �Iaff2��. 125 1390 Meridian Drive,Woodburn, OR 97071 p un�r s � Phone: 503-981-9555 4100 Kr Fax: 971-983-3611. November 9, 2022 Max Root Stafford Homes & Land; Development Asst. 8840 SW Holly Lane Wilsonville, Or 97070 Re: Annexation for tax lot 01200 located at 1025 Brown Street. Mr. Root In response to your request, Woodburn School District has determined that your planned annexation located at 1025 Brown Street will affect our schools. However, if the City of Woodburn's traffic analysis determines that there will be no impact on the ability to provide safe and accessible routes to school and there will be no impact on the safety of our students, we will support their decision Thank you, .. b� Casey Woolley Director of Safety and Operatians Woodburn School District .............................................................................................................. ffa� f 126 LO IL N m y1 0 "o2 n o - i� N s o , CO 0 0 0, 00�1„Mown N m o o 05, ++ ZA _ V O Qo 0 U) o m sm - U) L 1 � Jy / .� ❑ c;y o� LL / 6 0 x �b o a1 s3b�04" as NNAI daa, w J 011- t, it nvSiadd m< - w y 6Z,i M L 1 3 1 O it cl ln. JSHOiVe isii ^, HHa Hgl tioo ? r G &aa,o��v 3 <m �'�10 AV m 1 ay b AS NMOHFI 0r� ll N Py-y LP M 1 nM a,),,vl S ., "YS, O i b OtS � 01 � WI h � U3, r_ o a� api� fib'}✓-�lyV ,< 66 o 5' as dnodwn 1 d y vnrs as�d�ds r r a 1 w w -' as nroi��Mai r. .i I i IN IId IOn MWy ?. eta 3ad'd>s Lr � �1 vei o Zv 1 SVeudNJdn dldwnIli' qt4 L L n E HQti ab x z ..I �OrA'I °r: I. w 0 0 Mr�N 'I 1 C E ncl J I nnJllna t X }' Q U 6 a C (D o � c N !6 Q Q U w C T L 3 o O 0 o .Z a) m a T � T C) In 3 00 O ° 00 � Q Q r � � C _ ~ r LL cC cC U) Q (Y O N � - -� LL LL LL LL LL a Lanoao aoead W M .ro N w 0 L 0 I LL w LL a z °o 3 After Recording Return To: City of Woodburn Attn: City Clerk 270 Montgomery Street Woodburn, OR 97071 ANNEXATION AGREEMENT This Annexation Agreement is made and entered into this day of , 2024 ("Effective Date"), by and between Stafford Homes & Land, LLC, an Oregon limited liability company ("Stafford"), and the City of Woodburn, a municipal corporation ("City"), together the "Parties." Recitals A. Stafford owns real property in Marion County, Oregon that is commonly described as 1025 Brown Street(Tax Lot 051W18 COO 1200) (the"Property"). A legal description of the Property is attached as Exhibit A-1 and a map as Exhibit A-2. B. The Property previously contained a single, detached, residential dwelling and an accessory 2-car garage structure. Both structures were recently removed from the Property and the Property is presently vacant and unimproved. C. Stafford has requested the Woodburn City Council to annex the Property into the City of Woodburn corporate limits. The City Council will consider the request by Stafford request to annex the Property at a public hearing as File No. ANX 24-01. D. The Parties acknowledge and anticipate that following annexation, the Property will be developed for residential uses that may be subject to discretionary or non-discretionary land use review processes. E. The Parties desire to enter into an agreement, made concurrent with and a part of a written decision by the Woodburn City Council annexing the Property, that defines the scope and timing of all right-of-way dedications,public utility easement dedications,public infrastructure improvements, utility undergrounding, and installation of new street lighting the City may require Stafford, its successors, or assigns to provide or perform as a condition of or concurrent with any future development of the Property, including payment of a fee-in-lieu of constructing improvements that are the subject of this Annexation Agreement. F. The Parties acknowledge and agree that the terms and conditions of this Agreement shall only be applicable if the Property is developed with either"middle housing" as defined by ORS 197A.420, OAR 660-046-0020, and Woodburn Development Ordinance Annexation Agreement Page 1 File No.ANX 24-01 128 (WDO) 1.02, or as an infill subdivision of four or fewer single-family, detached residential dwellings. Agreement Based on the recitals set forth above, which are incorporated into and made a part of this Annexation Agreement, in consideration of the covenants made by the Parties herein, and for other good and valuable consideration, the delivery, receipt, and sufficiency of which the Parties herein acknowledge, the Parties state and agree as follows: 1. Annexation Decision. This Annexation Agreement is incorporated into and made a part of the written decision of the Woodburn City Council for File No. ANX 24-01 annexing the Property into the corporate boundary of the City of Woodburn. 2. Covenants and Agreements by Stafford. In consideration of City agreement to annex the Property into the City of Woodburn corporate boundary, Stafford covenants and agrees: 2.1 Right-of-way dedication. Concurrent with City annexation of the Property, Stafford will dedicate, grant, and convey to the City a portion of the Property measuring 6 feet wide along the entire length of the Property's street frontage that abuts Browns Street as additional public right-of-way (ROW). 2.2 Public Utility Easement Dedication. Concurrent with City annexation of the Property, Stafford will dedicate a 5-foot streetside public utility easement(PUE) along the entire length of the Property street frontage that abuts Brown Street. 2.3 Sidewalk Construction and Landscape Strip Installation. Following City annexation of the Property, for any structures that are hereafter constructed on the Property, Stafford, its successors, and assigns, at their sole cost and expense, will replace the existing 5- foot-wide sidewalk within the public right-of-way frontage that is adjacent to the Property to a width of 6 feet along the entire length of the Property street frontage that abuts Brown Street and will construct or widen the existing landscape strip along the Property Brown Street frontage to conform to WDO Figure 3.011). Stafford, its successors, and assigns will further construct a 6- foot-wide landscape strip along the portion of the Property Brown Street Frontage that does not currently have a landscape strip per WDO Figure 3.O1A, 3.01.04B, Figure 3.011) "Service Collector" and WDO 3.01.03C. If development is such that several single-family homes or structures meeting the definition of middle housing front Brown Street, then City will defer the completion of the sidewalk and landscape strip improvements from subdivision inspection to each building permit final inspection. Otherwise, completion of these improvements will be due per WDO 3.01.02E. For purposes of this Annexation Agreement, the term "development" shall mean and include the construction of more than one detached single-family residential structure or any structure meeting the definition of"middle housing" on the Property. If Stafford, its successors, or assigns submit construction improvement plans for the Property that propose to construct two or more residential dwellings on individual,platted lots of record, the sidewalk will be constructed concurrent with the dwelling on each lot. Annexation Agreement Page 2 File No.ANX 24-01 129 2.4 Utility fee-in-lieu. Following City annexation of the Property, and concurrent with the issuance of building permits to construct one or more structures on the Property, Stafford, its successors, and assigns will pay the City a fee in-lieu of undergrounding existing aerial utilities located in the widened right-of-way and public utility easement area adjacent to the Property Brown Street frontage equal to Two Hundred Seventy-Two Dollars and 11/100 ($272.11)per lineal foot of the Property frontage that abuts Brown Street. The parties acknowledge and agree that the Property frontage that abuts Browns Street measures 390.76 linear feet. Accordingly, the utility undergrounding fee-in-lieu due and payable to the City when the Property is developed will be One Hundred Six Thousand, Three Hundred Twenty-Five Dollars and 80/100 ($106,325.80) ($272.11 * 390.76 = $106,325.80.) 2.5 Future Intersection Improvements. Following City annexation of the Property, Stafford, on behalf of itself and its successors, and assigns, acknowledges, and agrees that it will contribute and pay a share of costs to construct traffic safety improvements the City determines to be reasonable and necessary at the intersections of Brown Street/Bridlewood Lane/Comstock Avenue that is roughly proportional to the percentage of vehicle trips that development of the Property will generate based on approved development uses and densities. 3. Covenants and Agreements by City. In consideration of the covenants made by Stafford in Section 2 of this Annexation Agreement, the City covenants and agrees: 3.1 Right-of-way dedication. Following annexation of the Property, the City will not require Stafford, its successors, or assigns to dedicate right-of-way in addition to the 6- foot dedication described in Section 2.1 of this Annexation Agreement as a condition of or concurrent with any future partition, subdivision, or development of the Property. 3.2 Public utility easement dedication. Following annexation of the Property, the City will not require Stafford, its successors, or assigns to dedicate a streetside public utility easement wider than the dedication described in Section 2.2 of this Annexation Agreement as a condition of or concurrent with any future partition, subdivision, or development of the Property. 3.3 Public improvements. Except for public sidewalk improvements described in Section 2.3 and intersection improvements described in Section 2.5 of this Annexation Agreement, following annexation of the Property, the City will not require Stafford, its successors, or assigns to widen and construct public street improvements adjacent to the Property Brown Street frontage, nor will the City require Stafford, its successors or assigns to construct other"off-site" public street improvements as a condition of or concurrent with any future partition, subdivision, or development of the Property. 3.4 Utility fee-in-lieu. Except for the utility fee-in-lieu payment described in Section 2.3 of this Annexation Agreement, following annexation of the Property, the City will not require Stafford, its successor, or assigns to underground any utilities, install any new street lighting, contribute to the cost of undergrounding any utilities or installing any new street lighting, or pay a fee-in-lieu of undergrounding any utilities or installing any new street lighting as a condition of or concurrent with future partition, subdivision, or development of the Property. Annexation Agreement Page 3 File No.ANX 24-01 130 4. Waiver of Right to Remonstrate. Stafford, on behalf of itself, its successors, and assigns, hereby waives all rights to remonstrate against the formation of a Local Improvement District(LID)by the City for the purpose of making sanitary sewer, storm sewer, water, or street improvements that benefit the Property or any part thereof and assessing the cost to benefited properties, including the Property,pursuant to City capital improvement regulations in effect at the time of such improvement. 5. No Development Rights Conferred. The Parties understand, acknowledge, and agree that this Annexation Agreement shall not constitute approval of any future development activities on the Property. Nothing contained in this Agreement shall authorize,permit, or otherwise allow the construction and/or development of or on the Property unless separately approved by the City pursuant to applicable city ordinances, development codes, and engineering design standards. All land use authorizations, development and construction rights, and authorizations, shall be obtained upon proper application and in compliance with all standards and requirements of the Oregon Revised Statutes, applicable rules and regulations adopted by the Oregon Department of Land Conservation and Development, the Woodburn Comprehensive Plan, and the Woodburn Development Ordinance (WDO). 6. Covenants and Agreements Run with the Land. The Parties intend that the covenants and agreements contained in this Annexation Agreement create an equitable servitude that shall run with the land and shall be binding on all parties having, or that may hereafter acquire, any right, title, or interest in the properties described herein, or any portion thereof, and they shall pass to and for the benefit of each subsequent owner of the Property. The City may record a duly executed copy of this Annexation Agreement, and any amendments thereto, in the real property records of Marion County. 7. Amendments. This Agreement may be amended only by the written consent of both Parties. 8. Governing Law and Venue. This Agreement shall be governed by, construed, interpreted, and enforced in accordance with Oregon law. The venue for any action or litigation to interpret or enforce the terms and covenants described in this Annexation Agreement shall be conducted in the Circuit Court of Marion County, Oregon. 9. Attorney Fees and Costs. The prevailing Party in any action, or other proceeding arising out of or in any way related to this Annexation Agreement, or to interpret or enforce any rights or obligations thereunder, shall be entitled to recover their attorney,paralegal, accountant, expert, and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith, as determined by the court, arbitrator, or other tribunal, in addition to all other amounts provided by law, including all costs and fees associated with collection. 10. Severability. The invalidity of any portion of this Annexation Agreement, as determined by a court of competent jurisdiction or duly appointed arbitrator, shall not affect the validity of any other portion of this Agreement. Annexation Agreement Page 4 File No.ANX 24-01 131 It. Entire Agreement. All Exhibits to this Annexation Agreement are a part of this Agreement. This Annexation Agreement, together with the accompanying Exhibits, represent the final intentions of the Parties and supersedes all prior memoranda, correspondence, conversations, and negotiations regarding or concerning the subject matter of this Agreement. Annexation Agreement Page 5 File No.ANX 24-01 132 Acknowledgement. By signing below, the Parties acknowledge they have read, understood, and agree to all the terms of this Agreement, that this Agreement is supported by adequate consideration, and that the provisions contained in this Agreement are contractual in nature and not mere recitations of fact. IN WITNESS WHEREOF, Stafford Homes & Land, LLC and the City of Woodburn have executed this Annexation Agreement on the Effective Date stated above. [Signatures of the Parties appear on the following pages.] Stafford Homes & Land, LLC An Oregon limited liability company Richard Waible, Manager State of Oregon ) ) ss. County of Clackamas ) I certify that I know or have satisfactory evidence that Richard Waible is the person who appeared before me, that said person acknowledged he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the Manager and authorized representative of Stafford Homes & Land, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated this day of , 2024. Notary Public for Oregon My Commission expires: Annexation Agreement Page 6 File No.ANX 24-01 133 Approved as to form: City Attorney Date Approved City of Woodburn, Oregon Frank Lonergan, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Annexation Agreement Page 7 File No.ANX 24-01 134 KLS Surveying Inc. 1224 Alder Street Phone: (503) 429-6115 Vernonia, OR 97064 Fax: (866) 297-1402 Email: don cklssurveyin ,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 1°04'58" 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 1°04'58" 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:\20=22-3030ocuments\22-303 LEGALS.docx Page 1 of 1 135 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=17'49'27" 'N R=220.00' oOti A=68.44' a� CH=N 07'49'46" 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 g00NE5 CRO.SSINCI PHASE 2 REGISTERED "" PROFESSIONAL LAND SURVEYOR ORE ON 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 136 4?4 4'*7 4N .4" geaa WWODBURN Inr orparnreA 188 July 22, 2024 To: Honorable Mayor and City Council through City Administrator From: Chris Kerr, Community Development Director -k" Dan Handel, Planner Subject: Ordinance 2629 Implementing Legislative Amendment 24-02 to the Woodburn Development Ordinance Regarding Food Cart Regulations (LA 24-02) RECOMMENDATION: Consider the revised Woodburn Development Ordinance amendment package and adopt the attached ordinance to implement Legislative Amendment LA 24- 02. BACKGROUND: On August 28, 2023, the City Council passed Resolution No. 2218 initiating a broad scope of legislative amendments to the WDO. Included in the scope of amendments are regulations for food carts. The Planning Commission held work sessions on March 14th, April 11 th, and April 25th to discuss food carts and how to regulate them. At their May 23rd meeting, the Planning Commission held a public hearing and unanimously recommended approval of a WDO amendment package. The City Council held a work session on June 1 Oth to discuss the recommended amendments and held a public hearing on June 24th. At the work session and public hearing, Councilors shared concerns about implications of the recommended amendments on existing food cart operators throughout the community. As part of a tentative motion to approve LA 24-02, the Council requested a revised set of regulations that included an option for single food carts to operate outside of a food cart pod. Agenda Item Review: City Administrator_x_ City Attorney_x 137 DISCUSSION: Based on the feedback received from Council, staff has prepared the attached revised regulations for consideration. The latest revisions allow for a single food cart to operate outside of a food cart "pod" and the proposed regulations for single food carts require lessor/minimal site development elements compared to a pod. Revised amendments are included in a 16f.°Vefhrn_i- -and-underline format. In an effort to keep the costs down for individual food cart operators, the proposed regulations provide only for basic health and safety requirements such setbacks, covered seating areas, and approvals from Oregon Health Authority (OHA), Marion County, and the Woodburn Fire Department. As compared to a food cart `pod', individual carts will not require: • Site paving, curbing, and striping; • Utility connections (e.g. water, sewer, natural gas); • Street improvements (e.g. right-of-way, sidewalks, ADA walkways, street trees); • Buffering or landscaping; • On-site lighting; • Perimeter screening; or • Stormwater detention. Similar to food cart pods, single carts will be permitted in all commercial and industrial districts; however, Staff recommends only allowing individual carts as accessory uses. This means that they would never be the only use on a property. This is intended to guide them to pods or locations that are already improved. This will serve two important functions - it means that most of the site development requirements listed above that are being `waived' will typically already exist on a site, and it will prevent single carts from permanently operating on vacant lots that never get improved. The effect of these changes would be that individual carts would be permitted on sites such as Coastal Farms, Mega Foods, or the Sunrise Food Mart properties; but they would be prohibited from being placed on vacant unimproved gravel lots. 138 The proposed food cart "pod" requirements are mostly unchanged from what was presented at the June 24th meeting. The definition for food cart pod has been changed to now cover two or more carts and the minimum parking requirement was increased to 3 spaces per cart. Staff supports this revised set of amendments. They prioritize food cart facilities that are safe, clean, attractive, and accessible, while also expanding opportunities for existing food carts to find permanent locations. FINANCIAL IMPACT: There is no financial impact identified with the recommended action. ATTACHMENTS: 1 . Abridged amendments to the WDO (with staff comments) 2. Ordinance 2629 with its exhibits: A. WDO Amendments B. City Council Staff Report C. Analyses & Findings 139 Woodburn Development Ordinance WDO Adopted by Ordinance 2313 on April 9,2002 Acknowledged December 22,2006 Amended by Ordinance 2423 on July 28,2007 Amended by Ordinance 2446 on September 8,2008 Amended by Ordinance 2465 on March 24,2010 Amended by Ordinance 2473 on December 13,2010 Amended by Ordinance 2480 on September 26,2011 Amended by Ordinance 2492 on September 10,2012 Amended by Ordinance 2509 on August 12,2013 Amended by Ordinance 2510 on September 23,2013 Amended by Ordinance 2520 on July 28,2014 Amended by Ordinance 2526 on February 9,2015 Amended by Ordinance 2538 on September 26,2016 Amended by Ordinance 2541 on November 14,2016 Amended by Ordinance 2544 on January 9,2017 Amended by Ordinance 2561 on July 9,2018 Amended by Ordinance 2562 on September 10,2018 Amended by Ordinance 2573 on June 24,2019 Amended by Ordinance 2579 on April 13,2020 Amended by Ordinance 2602 on May 9,2022(LA 21-0 1) Amended by Ordinance 2603 effective June 30,2022(LA 21-02) Amended by Ordinance 2621 on February 26,2024(LA 21-03) 140 TABLE OF CONTENTS VOLUME 1 ORGANIZATION AND STRUCTURE 1.01 Strras, UR...................................................................................................................................3 .............................................. 1.02 1 c.finkt olis..............................................................................................................................7 ........................................................ 1.03 .(..)f'fi:.:o.:b:0.:..Zovi;0n;._1N:b:1r..............................................................................................................29 1.04 Novit onfornIlln q f,c;;, bnc9 t e;ys Vr7 rn nt..............................................................................31 1.05 l jaa:ivi nvt d'r�rua�uao�,�,. l ...........................................................................................................35 ..... 1.06 .I a."y:o::G"n tic vos v Ic7abrc3...........................................................................................................39 VOLUME 2 LAND USE ZONING AND SPECIFIED USE STANDARDS 2.01 Gc.nc d Provo,00ns................................................................................................................41 2.02 Rc. ode.vito,,d Zovics..................................................................................................................45 .......................................................................................... 2.03 d'onr mc.r(:o�➢.Zovics................................................................................................................69 ................................................................................................ 2.04 1l-1dUSt6,d ab:nc3 PaabhC zolics..................................................................................................83 2.05 .5... S=:fl:O...b.Y...............................................t ..............................................................................................................93 2.06 A,.(,, ,s�yr)::Y`�truc.tures...........................................................................................................107 2.07 .Sr)caJ,,d nJscs........................................................................................................................111 2.08 .S.11.c'.t.o_�o.�._�...�:r�rt.cfi t..o on n➢:.._n....G,s...................................................................................................129 VOLUME 3 DEVELOPMENT GUIDELINES AND STANDARDS 3.01 Stfls°.s;t,,d rac en v by &()thc,r d:D&1 str s t floc yc➢,s.T cgs,t6 bn d o ro.(Jo ,, bnd BUS Fran k....135 3.02 gJtohtocs and rb�s:mcnts ......... ....................... ..................................... ....................157 ...................................................................................................................... 3.03 Sc.tbac ks bo1d dD rc n ct k bs s.:....................................................................................................161 3.04 �a.ha.ap..0..rb.r...��'.z::...I..oa ys:Ve/I s.c9s��,trt. n Acccss.............................................................................167 3.05 .....::`.t.r�.'.'t.._��.al...Gi..n."...an 9....Z..:r7,rb 9.�: . ..........................................................................................181 3.06 :L:bp:;c3,^c;,lp.kop a1�p........................................................................................................................205 3.07 l rt ho.t.0 t_aur�b:0:....I.C°y,a ...........................................................................................................227 3.08 P,Mr toOYIS W-1d SUIXJ6:vaytons.................................................................................................257 ......................................................................................................................................... 3.09 I�.avivicc]...q hikt.._1),..vs.➢,r .pups°n,t: ................................................................................................259 3.10 S,os„:IT ....................................................................................................................................271 3.11 ............,.,jT.!j lr.................................................................................................295 VOLUME 4 ADMINISTRATION AND PROCEDURES 4.01 Ds:.sa.s,on-Makan,Ic9aares..............................................................................................299 4.02 Rs vas w,lntcxlras t btoon vid 1-.J-1foac s mc,,lit ..........................................................................313 VOLUME 5 APPLICATION REQUIREMENTS 5.01 Qy�e 1 LAchimirstrabny ) t. s s t.;s,00ns......................................................................................323 5.02 Qy r. 11 tdDaa4,t,o lc9au�.ato,ta btov. } D (oy.,ons..........................................................................331 5.03 ...Y: .....LLL...(j,)L ab�,o-,Iaac9os.oabV} t saa.,or7ns....................................................................................341 5.04 Qy.)c IV CDalsb,o la..3I o bV} t s,1Js, vis.....................................................................................351 141 1.02 Definitions Note:Terms not defined in this Section have the meaning set forth in the New Oxford American Dictionary,2010 edition(see Section 4.02.06.B.6.) Abutting:Touching on the edge or on the line,including at a corner.It shall include the terms adjacent,adjoining and contiguous. Access:The place,means or way by which pedestrians or vehicles have ingress and egress to and/or from a lot or use. Accessory Building,Structure or Use:A detached building,structure or use which is incidental and subordinate to,and supports the primary use on,the same premises. Accommodations: • Bed and Breakfast Inn:A single-family dwelling with at least one room offered to the general public for lodging on an overnight or weekly basis,with a meal provided. • Hotel:A building in which rooms are offered to the general public for lodging on an overnight or weekly basis,where the primary entrance is through a lobby or foyerwith internal circulation to the rooms. • Living Unit:A room or suite of rooms,providing living and sleeping facilities for one or more persons where either cooking or eating and/or sanitation facilities are shared.In a rooming and boarding house,each bed rented for compensation is a"Living Unit."Note: Living unit is not synonymous with"dwelling unit." • Motel:a group of attached or detached buildings,in which more than five rooms are offered to the general public for lodging on an overnight or weekly basis,where the rooms have direct access to the outside without the necessity of passing through the main lobby of a building. • Rooming and Boarding House:A residential building or portion thereof with guest rooms,providing lodging or lodging and meals,for three or more persons for compensation. ADA: The acronym refers to the federal Americans with Disabilities Act(1992)and in the context of WDO standards means compliance with contemporary federal provisions with which developers are bound to comply as standards and compliance with any contemporary supplemental state of Oregon provisions with which developers are bound to comply as standards. Adjacent:Near,close or bordering but not necessarily contiguous with;adjoining but separated by a right-of-way. Administrative Body:The City Council,Planning Commission,Design Review Board,or staff member having the jurisdiction to hear and decide proceedings on land use actions. Alley:A public right-of-way not more than 20 feet wide and not less than 10 feet in width that provides vehicular access to property instead of or in addition to a public street,that intersects with a public street,and that can serve as a utility corridor. Distinct from"Shared Rear Lane". Woodburn Development Ordinance Chapter 1.02 Page 7 142 • Single-Family Dwelling:A detached building constructed on a single lot,containing one dwelling unit designed exclusively for occupancy by one family. • Triplex: Three(3)attached dwelling units on a lot. • Accessory Dwelling Unit(ADU)—An interior,attached,or detached residential structure that is used in connection with,or that is accessory to,a single-family dwelling. Note: Where it appears in the WDO,reference to dwelling or dwellings"other than multiple-family"excludes ADU unless a specific provision specifies otherwise. Employees:All persons,including proprietors,performing work on a premises.For calculating required off-street parking,it shall be the number present during the largest shift or peak season. Family:An individual or two or more persons related by blood,marriage,legal adoption or guardianship,or a group of not more than five persons(excluding servants)who need not be related by blood or marriage,living together in a dwelling unit."Family"shall include two or more handicapped persons as defined in the Fair Housing Amendments Act of 1988 living as a single housekeeping unit. Final Action and Final Decision: The City's final decision on a permit application for which there is either no appeal to another decision-maker within the City,or,if there is the possibility of a local appeal,an appeal was not timely perfected in accordance with the Woodburn Development Ordinance. ,,�,trtra t��. v tw rit�twn r�au �N,�°�tl�tr�r,trr�,uNt�p,u tr tt°u..0 y r�.t �, tw propelled�or cmr be,,,.Irtus rtwr..Qtl, tiulllle'd dQrml�t,Jdc'mtlIll or ,trect,mtr ! us IrroNl mIllly!oscd for tktgw trfl',food mld/trr be e tges, really to tkrtw cot is r,i. y turtotwr, Food C m-t➢od A utt trQrNt;[tuNtuNt^i lrtwrrtu,tNrt it ��tG°tw�, fo jae gswwast tmlurgwrs fltrtr 1 tr�trt, tNrr1 t�,;trGtu�tttwr Gwt4 � 4JQ tiIP� �; Commented[DH11:Changed from 3 down to 2 y tom rto�lma. !twrtotwNr,(trNt brut;tttw frtrlrt,'dY. [6/24 based on feedback received from Council on 'tC,P�GwXiVtVGwS G"tt llXi�!�,,,,tN Gw t5,rt,° trQtiQtiIP�;,.a .° tIIXi,Q.�Gwr r Frontage: That portion of a lot which abuts a public street. Garage:A building,or portion of a building,which is completely enclosed and designed for the storage or parking of a vehicle. Grade:Adjacent ground elevation is the lowest point of elevation of the finished surface of the ground,paving or sidewalk within the area between the building and property line or,when the property line is more than 5 feet from the building,between the building and a line 5 feet from the building. Greenway: For purpose of applying greenway standards,the Mill Creek Greenway as the Mill Creek Greenway Plan(2006-2007 and as amended)identifies. Greenway trail: The mainline bicycle/pedestrian facility within a greenway,as distinct from spurs and supplemental paths and trails. Gross Floor Area(GFA):The sum of the gross horizontal areas of the several floors of a building,measured from the exterior faces of the exterior wall or from the centerline of walls separating two buildings,but not including: 1. Attic and basement space providing headroom of less than seven feet; 2. Uncovered steps or fire escapes; 3. Private garages,carports,or porches; Woodburn Development Ordinance Chapter 1.02 Page 16 143 1. In the case of an interior lot,a line separating the lot from the street. 2. In the case of a corner lot,a line separating the lot from the street from the architectural front of the existing or contemplated primary building. 3. In the case of a flag lot resembling Figure 1.02D example Lot 3,the lot line which is most nearly parallel to the street that provides access to the interior lot, or resembling example Lot 4 by not having a pole,then the lot line most nearly parallel to the access casement and that is closest to the casement. • Rear Lot Line: 1. In the case of an irregular,triangular,diamond,or trapezoidal shaped lot which is narrowest at the rear and has a distance between the side lot lines at the rear of less than ten feet,the rear line for setback purposes shall be an assumed line within the lot ten feet in length,parallel to,and at the maximum distance from,the front lot line,or 2. In any other case,the lot line opposite and most distant from the front lot line. • Side Lot Line: Any lot line,which is not a front or rear lot line. Lot Width:The horizontal distance between the side lot lines,measured at right angles to the lot depth at a point midway between the front and rear lot lines. Manufactured Dwelling Park: Any place where four or more manufactured dwellings are located within 500 feet of one another on a lot,tract or parcel of land under the same ownership, the primary purpose of which is to rent or lease or use facilities or to offer space free in connection with securing the trade or patronage of such person.The term does not include a lot or lots located within a subdivision being rented or leased for occupancy by no more than one manufactured dwelling per lot,if the subdivision was approved pursuant to ORS Chapter 92. • Park Space:Any area or portion of a manufactured dwelling park,which is designated or used for the placement of one manufactured dwelling and appurtenant facilities. Middle Housing:Duplexes,triplexes,quadplexes,cottage clusters,and townhouses as defined in ORS 197.758(1)(a)&(b)and OAR 660-046-0020. The WDO remains applicable if and where it adds definition,description,provisions,requirements,or standards that do not conflict with statute or administrative rule. Mini-Storage Warehouse:An areaa within an enclosed building or structure used for the storage of personal property for compensation. Mobile Food ervicei: A,.:[rur e' uNi„g food c�urt CkaC arjp�wN u[cs�u %�uruQruus a cstuNrat i,. �u rQruu[,c,, �w+04 04rw,tRldoa L7 QrF.-WRt' M�r�PAN4 f4F draw p-rF ff;ur.A 0�r Rff(POF F4E'ark'ki44-Rff(Parr MUTCD: The acronym refers to the Manual on Uniform Traffic Control Devices published by the United States Department of Transportation(U.S.DOT)Federal Highway Administration (FHWA)and in the context of WDO standards means compliance with contemporary federal provisions with which developers are bound to comply as standards and compliance with any contemporary supplemental state of Oregon provisions with which developers are bound to comply as standards. NACTO: The acronym refers to the National Association of City Transportation Officials, which publishes the Urban Street Design Guide. Woodburn Development Ordinance Chapter 1.02 Page 19 144 2.03 Commercial Zones A. The City of Woodburn is divided into the following commercial zones: 1. The Downtown Development and Conservation(DDC)zone is the community's retail core,providing for unique retail and convenient shopping 2. The Commercial General(CG)zone is the community's primary commercial area, providing for businesses requiring extensive land intensive outdoor storage and display of merchandise,equipment,or inventory. 3. The Commercial Office(CO)zone is intended primarily for office type development, with limited retail activity. 4. The Mixed Use Village(MUV)is intended to promote efficient use of land that promotes employment and housing through pedestrian-oriented development. 5. The Neighborhood Nodal Commercial(NNC)zone is intended to meet the shopping needs of nearby residents in a compact commercial setting B. Approval Types(Table 2.03A) 1. Accessory Uses(A)are allowed outright,subject to the general standards of this Ordinance. 2. Conditional Uses(CU)may be allowed,subject to the general development standards of this Ordinance and conditions of Conditional Use approval. 3. Permitted Uses(P)are allowed outright,subject to the general development standards of this Ordinance. 4. Special Permitted Uses(S)are allowed outright,subject to the general development standards and the special development standards of Section 2.07. 5. Specific Conditional Uses(SCU)may be allowed,subject to the general development standards of this Ordinance,the specific standards of Section 2.08,and conditions of Conditional Use approval. Uses Allowed in Commercial Zones Table 2.03A Use Zone Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) DDC CG CO MUV NNC Special Permitted Uses(S) Specific Conditional Uses(SCU) A I Civic Uses 1 Public administration,aquatic facilities,fire protection, government and public utility buildings and storage P P P P P yards Woodburn Development Ordinance Chapter 2.03 Page 69 145 Uses Allowed in Commercial Zones Table 2.03A Use Zone Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) DDC CG CO MUV NNC Special Permitted Uses(S) Specific Conditional Uses(SCU) 2 Public and private schools,house of worship,civic and P P P P P social organizations 3 Rights-of-way,casements and improvements for streets, water,sanitary sewer,gas,oil,electric and P P P P P communication lines,stormwater facilities and pump stations. B Commercial Retail and Services 1 Ambulance service CU 3 CU 3 CU I CU 3 2 Automotive maintenance and gasoline stations, CU CU 3 P 6 including repair services 3 Bakeries,delicatessens,grocery and convenience stores P 7 P P P 4 Bowling,skating,movie and performing arts theaters P P P 5 Building material and garden equipment P 5 p 5 p 5 p 5 6 Business services P P P P 7 Computer,commercial,electric motor,precision P 4 P I P 4 P 4 equipment,industrial and home goods repair. S Contractors: a. Flooring and roofing b. Equipment and machinery P 4 p 4 p 6 c. Glass and glazing d. Masonry,drywall,insulation and tile contractors c. Other types of contractors 9 Craft industries: a. Apparel manufacturing b. Leather manufacturing,furniture and related S S S S S product manufacturing,including cabinets c. Sporting goods manufacturing d. Doll,toy and game manufacturing 10 Delivery services S S S S S 11 Dry cleaning,laundry and self-service laundry service P 7 P S P 12 Fitness and recreational sports P P P P P 1.3 Food G.i is a id flbod girt II Qr 14;, S. S S S S. 1d. Funeral home P P P P P 15. Hospitals and ancillary uses CU 3 1(> Hotels,motels and bed and breakfast inns P P P P P N7 I NIQLullcw flood e oce"; � Woodburn Development Ordinance Section 2.03 Page 70 146 1 . Office and office services and supplies P P P P P 19.. Other amusements,including ballrooms p 1 20 Pawn,check cashing,payday loan and cash transfer CU 7 P P 2.1. Printing,publishing,copying,bonding,finance, 1-9 insurance,medical,data processing,social assistance, P 7 P P P P legal services,management,and corporate offices 22 Professional services P P P 2.3 Restaurants and drinking places P 7 P P P P 23. Retail trade offering goods and services directly to P 7 P P P ;; customers 23 Spectator sports P 20. Taxidermist CU 3 27 Veterinary service CU 3 2 , Wine and liquor CU 7 P P C Industrial 1 Charter bus,special needs transportation,transit system, CU 3 school transportation,limousine service and taxi service 2 Heavy equipment and motor vehicle sales: a. Manufactured(mobile)home dealers b. Motor vehicle and parts dealers,including new car, used car,recreational vehicle,motorcycle,boat, parts and tire dealers CU 3 c. Truck dealers,including new truck,used truck, parts and tire dealers d. Tractor,farm machinery and equipment dealers c. Farm,garden and landscaping supplies 3 Manufacturing of metal products,furniture and cabinets P 4 P 6 4 Motor freight transportation and warehousing, including local or long-distance trucking or transfer services,storage of farm products,furniture,other CU household goods,or commercial goods,and mini- storage Woodburn Development Ordinance Section 2.03 Page 71 147 Uses Allowed in Commercial Zones Table 2.03A Use Zone Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) DDC CG CO MUV NNC Special Permitted Uses(S) Specific Conditional Uses(SCU) 5 Motor vehicle towing CU 3 6 Parking lots and garages P P P P 7 Recreational vehicle park Cu I D Miscellaneous 1 Facilities during construction S S S S S 2 Fence or free-standing wall A A A A A 3 1=errnl o-u"a3" 3w Q . •.. nau- atuiva'1 kw,pecial event: ....A3t�k Belk ....1:33a1 a3.na11ua' t k,i kwali�g3;rrrna3l� Vt..i)'3a'3Q:1 ��a3Qkaaw.q.3�•..�.mwnna&t "ill S S S S S C .... -1W 4dY7i1dr -"ilk.' "VQ is i—ie e €-a® RA,hiaEh-ise-oF',t) s �v6C414*+K'4 11 3 nod"4 d"�kJdlrll?y� 1��o-3p.�t3• .. trrna; attl ly..tnilyt� o-31 tha Commented[DH2]:The allowed uses for special E Residential events are outlined under the Special Permitted (Use provisions,not necessary to list them here. 1 One dwelling unit,in conjunction with a commercial P P P P P use 2 Triplexes P CU9 P P 3 Quadplexes P CU9 P P 4 Townhouses P CU9 P P 5 Child care facility,group home,and nursing home P 8 P 8 P 8 P 8 P 8 6 Multiple-family dwellings P CU9 Cu P P Woodburn Development Ordinance Section 2.03 Page 72 148 1. Not allowed in the Gateway Overlay District 2. Only allowed in the Gateway Overlay District 3. Allowed outright if not within 200 feet of residentially zoned properties 4. Within a building,no outdoor storage or repair 5. All outdoor storage and display shall be enclosed by a seven foot masonry wall. 6. Existing uses are allowed as a permitted use,new uses are not allowed in the MUV 7. Drive-throughs are not allowed S. Child care facility for 13 or more children,group home for six or more persons 9. Except allowed as a permitted use in the Gateway Overlay District and prohibited in the Interchange Management Area.Overlay District(Amended by Ordinance 2573,passed June 24,2019) Woodburn Development Ordinance Section 2.03 Page 73 149 2.04 Industrial and Public Zones A. The City of Woodburn is divided into the following industrial and public zones: 1. The Light Industrial(IL)zone,which is intended for industrial activities that include land-intensive activities; 2. The Industrial Park(IP)zone,which is intended for light industrial activities in apark- like setting; 3. The Public and Semi-Public(P/SP)zone,which is intended for public uses,parks, schools and cemeteries. 4. The Southwest Industrial Reserve(SWIR),which is intended for employment and industries identified in the 2016 Target Industry Analysis; B. Approval Types(Table 2.04A) 1. Accessory Uses(A)are allowed outright,subject to the general standards of this Ordinance. 2. Conditional Uses(CU)may be allowed,subject to the general development standards of this Ordinance and conditions of Conditional Use approval. 3. Permitted Uses(P)are allowed outright,subject to the general development standards of this Ordinance. 4. Special Permitted Uses(S)are allowed outright,subject to the general development standards and the special development standards of Section 2.07. 5. Specific Conditional Uses(SCU)may be allowed,subject to the general development standards of this Ordinance,the specific standards of Section 2.08,and conditions of Conditional Use approval. Uses Allowed in Industrial Zones Table 2.04A Use Zone Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) IL IP P/SP SWIR Special Permitted Uses(S) Specific Conditional Uses(SCU) A I Civic Uses 1 Golf driving range P P CU 2 Parks,play grounds and associated activities,golf courses P without a driving range FPublic administration,aquatic facilities,fire protection, p P CU P government and public utility buildings and storage yards Woodburn Development Ordinance Chapter 2.04 Page 83 150 Uses Allowed in Industrial Zones Table 2.04A Use Zone Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) IL IP P/SP SWIR Special Permitted Uses(S) Specific Conditional Uses(SCU) 4 Rights-of-way,casements and improvements for streets,water, sanitary sewer,gas,oil,electric and communication lines, P P P P stormwater facilities and pump stations. 5 Trade schools P P CU Cu B Commercial Retail and Services 1 Ambulance service P P 2 Automotive maintenance and gasoline stations,including P P repair services 3 Business services P P 4 Contractors: f Flooring and roofing g. Equipment and machinery P P P It. Glass and glazing i. Masonry,drywall,insulation and tile contractors j. Other types of contractors 5 Delivery services S S S S 6 Fitness and recreational sports P P P t r[p�� DH31:City issues 3 4 park vendor ^ y� Hospitals�and ancilla ry uses S. S Commented[ P CU P permits each year for folks who want to sell at city parks 98. `�Mobile I food ervices S S S 109 Restaurants and drinking places P P P H. Marijuana dispensaries S S C I Industrial 1 Auction houses,except livestock and poultry sales CU 2 Automotive wrecking yards CU 3 Charter buses,special needs transportation,transit system, P P school transportation,limousine service and taxi service 4 Chemical manufacturing CU Cu Cu 5 Distribution and E-commerce including;wholesale trade,farm P P P supplies and merchant wholesalers,packaging and labeling services. 6 Recycling center CU Cu Cu 7 Asphalt or Portland cement concrete batch plant CU Cu S Commercial and industrial equipment repair,transit and P Cu Cu ground transportation Woodburn Development Ordinance Section 2.04 Page 84 151 Uses Allowed in Industrial Zones Table 2.04A Use Zone Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) IL IP P/SP SWIR Special Permitted Uses(S) Specific Conditional Uses(SCU) 9 Electronic and other electrical equipment and components, including manufacturing machinery,apparatus,and supplies for the generation,storage,transmission,transformation,and utilization of electrical energy;electricity distribution equipment;electrical industrial apparatus;household P P P appliances;electrical lighting and wiring equipment;radio and television receiving equipment;communications equipment; electronic components and accessories;and other electrical equipment and supplies 10 Fabricated metal products,including fabricating ferrous and non-ferrous metal products such as metal cans,tin ware,hand tools,cutlery,general hardware,non-electric heating CU CU P apparatus,fabricated structural metal products,metal forgings, metal stampings,and metal and wire products 11 Industrial and commercial machinery and computer equipment,including engines and turbines;farm and garden machinery;construction,mining,and oil field machinery; elevators and conveying equipment;hoists,cranes,monorails, trucks and tractors;metalworking machinery;special industry P P P machinery;general industrial machinery;computer and peripheral equipment,computer,semiconductor,laboratory instrument,and office machinery,manufacturing;refrigeration and service industry machinery manufacturing 12 Heavy equipment and motor vehicle sales: c. Manufactured home dealers f. Motor vehicle and parts dealers,including new cars,used cars,recreational vehicles,motorcycles,boats,parts and tire dealers S S g. Truck dealers,including new trucks,used trucks,parts and tire dealers It. Tractor and farm machinery and equipment dealers i. Farm,garden and landscaping supplies Woodburn Development Ordinance Section 2.04 Page 85 152 Uses Allowed in Industrial Zones Table 2.04A Use Zone Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) IL IP P/SP SWIR Special Permitted Uses(S) Specific Conditional Uses(SCU) 13 Manufacturing: a. Apparel manufacturing b. Beverage,food and tobacco c. Furniture and related products d. Leather and allied products P P P c. Paper,limited to assembly f Metal product manufacturing g. Miscellaneous manufacturing It. Plastics and rubber i. Textile products 14 Motor freight transportation and warehousing,including local or long-distance trucking or transfer services,storage of farm P P P products,furniture and other household goods,commercial goods,and mini-storage 15 Non-depository credit institutions engaged in extending credit P P in the form of loans,but not engaged in deposit banking 16 Paper manufacturing CU 17 Parking lots and garages P P 18 Petroleum and coal products manufacturing with all storage CU underground 19 Printing,publishing,and allied industries p p p 20 Professional services including software publishers P P 21 Stone,clay,glass,and concrete products including manufacturing flat glass,other glass products,cement, structural clay products,pottery,concrete and gypsum P products,cut stone,abrasive and asbestos products,and other products from materials taken principally from the earth in the form of stone,clay,and sand 22 Telecommunication facilities subject to Section 2.08.03 SCU SCU SCU 23 Wholesale trade in durable and non-durable goods P P P 24 Wood product manufacturing P P P D Miscellaneous 1 Facilities during construction S S S S 2 Fence or free-standing wall A A A A Woodburn Development Ordinance Section 2.04 Page 86 153 Uses Allowed in Industrial Zones Table 2.04A Use Zone Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) IL IP P/SP SWIR Special Permitted Uses(S) Specific Conditional Uses(SCU) 3 =1=� nnl o-ua ° -�'. a Qla rrrna, atu il.�nal k. pedal eventk: b 1 aa1 c �al1 a t k,i�a-kwali� ..�mna1'�i1 -0� aQl.tir uvid- 13F3nnar �� S S S S d Anit3 c nnem u�i k aanQ1" rrn rk r��,r.3��k�ko-n=°y--tag-a�--�-:�°ice=1a�u y...l-:��,��n-1��,��k-�m�b7ri-a��=-tlz�r-]-:�a�p.p��,�,ty... •. Commented[DH4]:The allowed uses for special E Residential I I events are outlined under the Special Permitted Use provisions,not necessary to list them here. 1 One dwelling unit in conjunction with an industrial use P P P P C. Development Standards(Tables 2.04B-E) Light Industrial(IL) -Site Development Standards Table 2.0413 Lot Area,Minimum(square feet) No minimum Lot Width,Minimum(feet) No minimum Lot Depth,Minimum(feet) No minimum Street Frontage,Minimum(feet) No minimum Front Setback and Setback Abutting a Street,Minimum(feet) to, Side or Rear Abutting P/SP zone or a residential zone or use 30 Setback,Minimum (feet) Abutting a commercial or industrial zone 0 or 5 2 Setback to a private access casement,Minimum(feet) 5 Lot Coverage,Maximum Not specified 3 Building Height, Primary or accessory structure 70 Maximum(feet) Features not used for habitation 100 1. Measured from the Street Widening Setback(Section 3.03.02),if any. 2. A building may be constructed at the property line,or shall be set back at least five feet. 3. Lot coverage is limited by setbacks,off-street parking,and landscaping requirements. Woodburn Development Ordinance Section 2.04 Page 87 154 2.07 Special Uses Special Permitted Uses are allowed outright,but are subject to additional requirements designed to ensure their compatibility with,or mitigate their impact on,surrounding(usually residential) development. 2.07.01 General Provisions 2.07.02 Boat,Recreational and Vehicle Storage Pad 2.07.03 Common Boat,Recreational and Vehicle Storage Area. 2.07.04 Community Club Buildings and Facilities 2.07.05 Craft Industries 2.07.06 Delivery Services 2.07.07 [Struck] 2.07.08 Facilities During Construction 2.07.09 Golf Courses 2.07.10 Home Occupations 2.07.11 House of Worship 2.07.12 Industrial Sales 2.07.13 Manufactured Dwelling Park(MDP) 2.07.14 Manufactured Dwelling on a Lot 2.07.15 Mobile Food Services 2.07.16 Residential Sales Office 2.07.17 1 enr lxmiry Outdoor aaiaa°tw igi'�md Special Events 2.07.18 Temporary Residential Sales 2.07.19 Marijuana Dispensaries 2.07.20 Accessory Dwelling Units 20721 Cottage Cluster 247-, -2.07.22 ➢ood G arts&Food(';art Pods. 2.07.01 General Provisions A. Application 1. Special uses are subject to specific development standards. These standards are non-discretionary,so special review of a proposed development is not required.The standards contained in this Section apply to Special Uses. 2. The standards contained in this Section may be modified through the Conditional Use process. B. Development Requirements Unless specifically modified by the provisions of this Section,special uses are also subject to the development requirements of the underlying zone.Where the special use standard imposes a more restrictive standard,the special use standard shall apply. Woodburn Development Ordinance Chapter 2.07 Page 111 155 2. No off-street parking or loading area shall be permitted within 10 feet of the side and rear lot lines. 3. Outdoor lighting shall be directed away from residential property and public streets. 2.07.05 Craft Industries A. Primary uses shall be limited to the following: 1. Apparel manufacturing 2. Other leather manufacturing 3. Furniture and related-product manufacturing 4. Sporting goods manufacturing 5. Doll,toy and game manufacturing B. The use shall have a retail storefront. C. Outdoor storage,manufacturing,assembly or staging for shipping is prohibited. D. Manufacturing and/or assembly shall be limited to either 10,000 square feet,or five or fewer full-time equivalent employees,whichever is smaller. E. The craft industry shall be continuously conducted in such a manner as not to create any off- premise nuisance,including,but not limited to,noise,odors,vibration,fumes,smoke,fire hazards,or electronic,electrical,or electromagnetic interference. 2.07.06 Delivery Servica Commented[DH5]:These are the provisions A. The use shall be limited to the delivery of packages and the sale or delivery of food and (. es.applied to deli very servic beverages. B. The service shall be transacted from a self-contained,mobile unit. C. In conducting the sales and service,the mobile unit and delivery personnel shall be required to move to a new location at intervals of 15 minutes or less. 2.07.07 truck [This section"Duplex" struck by Ordinance No.2603(Legislative Amendment LA 21-02) effective June 30,2022.] 2.07.08 Facilities During Construction A. The use shall be limited to mobile offices,temporary power equipment,temporary housing for night security personnel,portable toilets,and equipment storage during construction. B. All temporary facilities necessary for construction shall be removed prior to final occupancy. Woodburn Development Ordinance Chapter 2.07 Page 113 156 required of single-family dwellings constructed under the State Building Code,as defined in ORS Chapter 455. -------------------------------------------------------------------------------------------------------------------- 2.07.15i Mobile Food Service Commented[1131116]:Pretty minimal standards I A. The n loN c, fi))c s [proposed for the traveling food cart. � 1 o112�"nitorskallll conljp�y�Y�tll�fllll �112112��glLllc'Oty, )�'IHII --------------------------------------------------------------------------------------------------------------------- 12u'mjct'M�uJoNl Counity,�tNj �ultm�� u�1� �-exhilrenicnits jlcrn6ts. Commented[1131111116]:Part of the OHA/County JNEL��tJ permit would beto specify a base of operations. L� uup�"� Y m,,d mid reniewed min s4all I be N6�i4ed�4w flfejl-)�kfot��f mkl4w Home kitchens are not allowed. �44r44 Rffd bPYVFR�I"E'�� B. Business Operations -------------------------------------------------------------------------------------------------------------------- I skall 11 m)t ren KJNI �It om"M012 t;RMItC fOE H lN tIL4H �'our hours,J A 111 go)c s Commented[1131118]:Per PC feedback on 4/11. ts"n f'lij 11 u 6c's,mid sk.ms ska1111 be,ren lovet 2jor to ck -)m i Nig su)112, 4Q, Shall not be conducted within public rights-of-way,. -2-3, Shall be conducted on 2ru ssatml property with the written consent of the property owner m I �.�id skallll m)t blod< drkm M�cm (" �I Ic( or im, Jsllcs. 440 IPA�F44111 M4 4F VPWRIY�,0+4RI+WQti K lrIFI<ufft R 44te Ntse 1,4 fwNlle sera ee mf4s sitaIll be l4fside 4te arrrkaust6oII i�+Hfes 6kie iff R,'ti+40+44 AMW'�i fHz dW ')R,'jl%IFRIh)ff, rW RRM f44M)NIE' k44 Mffu0� jj-)R)4uNW,d� 2.07.16 Residential Sales Office A. The office shall be located on a lot within a subdivision or planned development,or on a space within a manufactured dwelling park. B. The principal use of the office shall be the sale of lots,renting of spaces,or the sale of dwellings or manufactured dwellings on lots or spaces within the development. C. The office shall have a finished exterior and the site must be landscaped. D. Business shall be conducted between 8:00 a.m.to 8:00 p.m. 2.07.17 Special Events A 'I ypes of'Sjl-)c,6 all Evenas Fvcnw� M evem Mtll�I nuxlmum chinakm oftlirce co�lsccutk/c'&Iys I RccunI ig Fvcm M ("vem Mtll �I nuxumum dun& m ofom"&uY I-x"r W(,'(,']<, wllk'll lm y recur for uI12 t��.30 co�isccutk/c,weelo; 3. Sc�tsomall Fvcm M evem Mt �I nuxumum clunakm of'.30 coNisccutk/c,&a,ys Sc�tsomalll ("veMs m-c' 11 m tcd to two 112g-slitc. A-.13. Permitted Uses 1. Seasonal sales of(cmiliqplate indmIc fireworks,Christmas trees,produce or plant materials,cic 2. Amusement rides,mid games,mid otIler fornis 3. orsen/kes. !� '2+fy o4fef mefelfwklmse of ser iee exeell')l girts m-("112m"rn6ttcd Woodburn Development Ordinance Chapter 2.07 Page 119 157 ass I uNI g'11 c'cyc'N It a)r rec 111 rril rI ("N/c,N It NIot& '1 SCMSOH11,111 ea cm. 4-.LM trujltiu�i,a&spc�is�tr�cs�trc,�Iot perm�ttcd&;�I�Iy type,ofsl-)("6 111 cn/cm' Dltiratumi k &;4kgpp 1-w kiN4E4 10 R Hiee�HWRH alaur.atwwr 0144FEW aw0Ww EWHR Y'P CbHlys„IW44 All 00dsn tef,I 1p�wory fiied to es o kl su;#fs fef,I lo^-ed 24.l+otw� oaf eh�su f oaf 4te Ilan doy of 0004 2. r ecnrdma evenits skafll be,lkma terl to wi nlaxuiriniro thimfimi ofmic,day,kkrufli A oods, W'MJ-)0FHFY 4t�E'��Hffd Fp�m),,,'P44 w44��I�4 4onF,�ofpoo4 m�iy feOeiMf ogee pef"YeA fiaf o-k a,I lakX6,I lt",I o of,r0 wwNAs, -ew'ow4 w4eti�'4414 be 11um4e'4 to two Wwdi0004 E'Y'0w4 M4 HHKE'4RAff .40 0]2erl6oNI'all R:("gill 11 ren lc Its. 4d. Events shall only be conducted between the hours of 8:00 a.m.and midnight. 5-.2. The cn/cmltisc shall not block driveways,entrances,or parking aisles. 4-LThe required parking for all other uses of the property shall not be diminished below that required by this ordinance(Section 3.05). �4. The cn/cm�i,�e shall conform to all setback standards for the a121711 a cAlle,zone. a. 44te ea-esft openitodlosseSS '%/�'Ud SlhwpJr111 LYC'Ut ECT96t fOE CM01 b Shalll posscss a ,zwikd sl-x"6all c",zew -x"i-m4 for ca�icli event., b bl!c responsible for compliance with use standards,crowd and traffic control,and for sanitation,including rest rooms,waste disposal,and cleanup,„, Mld:: c. RenloN/c,�flll ggro s tenll-x)L�tLy 6c's, tNid JgIIw 2d limirs of'cb)S1fflgoNz the Ihst&1Y t1le cycm For rccltinjuw cyc'mS,tllil;R"(JUH-gM"M 11 121AC";tO CMCU. 4-.L)._Thc operator of a special ass awNItau e shall possess valid certification of compliance for all applicable health,sanitation,and safety standards of the City and other applicable jurisdictions. -147. 1 14te tef r 1pontry otwtdoof a,I laAetu tfg o-iskl iSpecial events shall not be located within a public right-of-way unless authorized by the appropriate jurisdiction(City of Woodburn,Marion County,or the Oregon Department of Transportation). -ty II��t�:�auE d Jrfll �Ih�JJII LN CHt';OH Lty��OwHC'd IH��111,1 c, to obuJ�i�t S112�,,c L C.E.Existing businesses with outdoor product display areas are not required to obtain a 'I enli-xmiry Oltitdoor Mafl<efiwi2:;wmd Special Events permit,but are limited to thefollowing: 1. Products sold within the primary building; 2. Covering no more than ten percent of the gross square footage of the buildings on the property; Woodburn Development Ordinance Chapter 2.07 Page 120 158 3. Retaining a minimum of four feet for pedestrian clearance along any adjacent walkway. 2.07.18 Temporary Residential Sales A. Permitted Uses 1. Produce and plant materials grown on the subject property 2. Estate,garage and yard sales 3. Crafts and other hobby items B. Number of Sales per Year 1. Estate,garage,yard,craft and hobby sales a. The number of sales,in any combination,conducted at the same site,shall not exceed three in any calendar year. b. The duration of each sale period shall not exceed three consecutive days. 2. A sale of produce and plant materials grown on-site shall be limited to one event,no longer than 60 days in duration. C. Sales shall be conducted between the hours of 8:00 a.m.and 8:00 p.m. D. All signs shall be taken down the day the sale ends. Woodburn Development Ordinance Chapter 2.07 Page 121 159 (1) Off-street parking spaces and vehicle maneuvering areas shall not be located: (a) Within 20 feet of any street property line, (b) Between a street property line and the front facade of cottages located closest to the street property line. (2) Off-street parking spaces shall not be located within 5 feet of any other property line,excepting property lines along alleys or shared rear lanes.Driveways and drive aisles shall not be located within 5 feet of other property lines except(A) along alleys or shared rear lanes or(B)Section 3.04 requires to adjoin such property lines to meet cross access or shared access standards. c. Screening.Landscaping,fencing,or walls minimum 3 feet high,shall separate pooled parking or shared parking areas and parking structures from common courtyards and public streets. d. Garages and carports. (1) Garages and carports(whether shared or individual)shall not abut common courtyards. (2) Individual attached garages up to 200 square feet shall be exempt from the calculation of maximum building footprint for cottages. (3) Individual detached garages shall be maximum 400 square feet GEA. (4) Garage doors for attached and detached individual garages shall be maximum 20 feet in width. 7. Accessory Structures.Accessory structures shall be maximum 400 square feet GEA. 8. Existing Structures.On a lot or parcel to be used for a cottage cluster project,an existing detached single family dwelling on the same lot at the time of proposed development of the cottage cluster may remain within the cottage cluster project area if the development meets the following provisions: a. The existing dwelling may be nonconforming with the WDO as Section 1.04 allows. b. The existing dwelling may be expanded up to the maximum height or the maximum building footprint per this Section 2.07.21;however,existing dwellings that exceed the maximum height and/or footprint per Chapters 1.04 and 2.02 shall not expand. c. The GEA of the existing dwelling shall not count towards the maximum average GEA of a cottage cluster. d. The existing dwelling shall be excluded from the calculation of orientation toward the common courtyard. 2.0 .23, Food Ca rl's& Food Carl, Pods. Q k;us,srwrr6o m u', umcr rdcd to csu rrrir t�,u u�,x�rwr rw rrlrnrporwNrt�,t�ur,r�urrr, 2r rrrra r�rurt�,�uNrr ,rrrra girt `+' r '' s, 2 � r rwNr,,uurrw tkrrwv, uNrw ufl'r uNrut�uy uNrr �ut�; uG�turrw,�tNrr tar rws„rwNr trrwiwt rrrNrt�l,lµrw uNro r2,rrwrrorwNrt�,. uNrr9 rrtkr.i... s at r°rruu r deter rirwr;cllrrlp!!ro"M. r°rr„t v�,utrw ii;rol�rrrr rw�iorwNrt�,t r ��uru;Qll_t uuf _If_'[r �arVVat tlu g� tuu Qll uuQll su1'mprV �Tur VV "PVC �rg_Qll r uuf,uurT t tl��uu a�ararQll;;uuf�ru Qll_� Commented[DH9]:This section added per CC feedback on 6/24. N V,,,.rrr°uturrNr,;,,, �,uNr<. rw,,,„ Nrrrt r°�ir[ruNr u rrlra r�urtp,Qra urrw'a,,rrr°�rwa uNz a r�rrrrolrorwNr�ira �Nrr, Woodburn Development Ordinance Chapter 2.07 Page 128 160 -- --------- .E,1 .......... Y Commented[DH10]:This is intended to exclude 'I�Icrc, I I mlx�mum ofo�Ic' food girt 112��E�,o�It 'n I m I, o"s unider ffic,smuc, vacant/undeveloped properties and guide single food carts to locations that are already developed. --- - --- �Idusnj�lll �a �esslcy m,11c, food girt m)t�fllllowcd&;�1 2 llcrn6ttVumid rc,%Jcr A Jm1,11c, fbod cm-t mart w tlliigI�1 food cm]2�skall1l follow t1lo", forobUtiuJ i,,�t Jtc,Imll.aNr apr rare all .3� 'al)e ,,wWootfl,xjrn Fire, ...................7............................... .......... rata as Liwenwnts, llernu4s and ......................................................... I-------------------------------------------------------------------------------------------------------------------- M?istr"'Ifions ShIll l ll,)e,I T,�� I-ItIline'd antl rememed, Commented[DH1 1]:Single food carts would still be .............................. _ .. .............................. .......... [required to obtain OHA/County permits I `towas„larlmrrua"Nrt sumdm-ds ^1 Food cm-ts�md �tructurcs skallll ImJm t i �t n6o iumum setback of fi-OM J11l 12Ea42k= b Food girts�md �t�-ucturcs sliall1l m)t block dri%/��mlys,o"Mrmices,orp�!�-kiTg �Jsllc,,;,�md tllca skallll mart bc, Ilogited w tlluNi ffic, Rjpmjrm Area& Wetknids Overl D strk,t(per Scctkm 2 05 05B),'t Imuumllii,sa uJIlkty,casonuenit(jl-)o,,r Scctkm.3 02 01),or fit %Jskm clo"annice,m-ca(1)awE rrr,tkm 10.3:06)� c 'I�Ic, fbod cm-t skall1l pro%Jdc,�tt cast 50 squiurc, fect sca6�lg m-ca, d Itestrooms sliall1l boa B-(raJdcd to ;I11212lkAllc,Statc,mid('(ruTty ------------------------------------------------------------------------------ Eaaqju�ronw,,ms PortablIC,restrOOms aR,,112LarIIuNtccl . Commented[D H 1 2]:0 H A ru les a low too d c a r ts t o 'I�Ic, bo cm-t skall �Idcxjj��Itc,ro"fillso"com�J�er;t �tJsfy Suitc, utilize restrooms of another business within 500 feet f d if permission is granted. mid( ��I�IIty u�t!1�m-, r 11 ro"n�cnits I' Drk/c, ffirouglis are,jj-)roli tcd B Food( art jlods�� 'I�Ic, foll k)WOU=1 'A�TCLIEck�111212L t�� f�)ocl(,m-t 11�L I LOC�16NE �,M-t M��js m-o"�11111owcd �I�fllll commcr(J�111 mid �Idusnj�fll Zom,"; M1�I�ILY �y j uscs 2 llcrn6ttuw,mid rc,%Jcw�. �t A m,,w food girt 112�j skallll follow ffic, Iyj-)(,, H Dcsk.,�I ➢I N WpE��,,(lurc, for structurc,exceeds ffic,�tjl2plkAllc, ffiro,"JINd for�1 Iypc, M Dcskfli RonJew 5 0.3 02,ffic,�i ffic,ronJew slmllll follow ffic, 'IA on g � b ' m p m o"llonuems(sucllI iccxp , st11111,;or food girt skr.allll,follow ffic, lyj-)(,, I Dc,,Jgr, For m,,w or cxjp�!IIa!u,,d structurCls,t1le,ronjew skallll Nistcad follow ffic,�tI2112�kAllc, Dc-jlsm Volume 5 c Food girt gram,,skallll conI12IIy ry ffi�fllll 'tI212IIkAllc, jty, Kro"District. M�uJ m( oumy,�IIIO`~Bulta ra,g uuuraarenits Pcrn6ts skallll bc, 12Ea41LU rru aunt auNraaak�ffld RT(,'W(,'(1 CMCU f00d C,U-t Wutbbl t1h,Mrd,�IIL 1111 d F00d CM't gramOWHCE JS WC' Ea�g stcr fficjr w ltll tlic,( uty of'Woodburn skall1l bcpEqpr,,rlly ImJm�Jm,,d mid rem"We'd Woodburn Development Ordinance Chapter 2.07 Page 129 161 ut " t e,�e,r eGerlyrruewNrt, [aNra�arag, [aNrn„aNa�,�arep.,,,t rer4,ew er:..[re,�aprly.,y e,�a ew rcg,NruNr^µ�u�krue°,uuNr.U,-s:. otkre"rMsc, ,ye 6 flied bclllerw. ^,a yan rwnwll aar....tall as n..:.:.anay uwukitwauuaa ..:. ;wakk ann pint, n a pnnihii nnauarrp..set ac V i,A 5 Abet kaaynwpw akk yraapkwUn afy ku w;, Commented[DH13]:Same as the setback [requirements for CG zone. Irx Food e�art,midae�e�ew,�,,grNwy structure";�,kr:pllll Nrert yy Ilere�ate,ck n°��utkruNr tkre,kpuly�arii�aNr l5re,�a . \t ctlliiNlda,(KwN y yt tret r ,etery 05 051, ),�ayuubllu,uutulluty ocm�Iye,r Scctikm.3 M 0 13,or�&..a os km clew ara cc, are,a Vlye,,r rre,e,tuerNl,.g 0.3 003,. p c l at Ilc cast 5 k'e ct.Food..,e�art,�,z,�tia e,s,yy . � art re,r ...y w Ar Ilte,a rQrrru ew"ae"� all Food cm-t�axuNriWuleskalru Ile� tlll,Neat e°xcee all tkre,��uwrkkurtpwu �wakV nnaw w;wpwawnyww� Commented[DH14]:Comes from research into 20 [industry norms. l y 10 k'e c t.,1M�axuNruuN ru nr�ua t x 1M� mum kre,orla u, N.`U fl'rwst,,. k, Food g art,sk],tallll ISe, Jtcd e,Nrturylly y as cd suurfl lure,mid j�aua y1U'd in awpnwp;',I n a S.,Ich al ntr trlra o r, aflon does aunt lln Mock arawwinh heir a,iisn�,ok a raiillapua aaVwem,,w klcr ,t, � [ ]� t t. ........ U......... G......... re,e, � Commented DH15.Per PC feedback on 4/ k' G errrUkro m se,aa m, are,a skr.all 11 ISe,Iyrera oakep,nk to scra,k,U,tkre,]2 r j mid tot�pll �a rroiujmuum mry,,a k�5tl Qrfl tkte.Sew atuNt�. are,,a ,kt.allll �1. ca covered QrN 5kte,llte,re,k k'N grrpp N-.aiiuu �IIu�aNtt mid at Ile,�a5t Commented[DH16]:Typical picnic table is 8'x 6 o U au aaa,k,aag ra a 3ananak a aa°f, rA e,om `UflU`"Q,.. �,e atuNr<., aNe a�,�,kx allll ISe,l5p [(48sf).. t k kre,,,,,yarak',kr'.allll,yrara oaky.for umewrn all 6rcuullhtkm to�allll food g arty{mid ,uustyrr ,r arGNrute,a,t],rruugkr �a..ya ,a nt�allanay tkrat u,, 5t5 ,rr lC lrat ar,3 at cast„.5,. k'e ct MCI(" kr kec,w;wauwarara n;www;,�yakk Ilpcwypuawrn led �s aguw,w�wywwappckut,,wwullpkc State and G apwaai;u gy kncwupmntigaua g", ayaairenwnttws, llor allrpa as tvooann are pwkuunrallruta(, Commented[DH17]:OHA rules allow for food cart .. .... ....... ...... .. pods to utilize restrooms of another business within p e IIFlisuttueNir relg auuN e.rrue,N 111 e rQp a kew k to atu,ky�u„I� Ilue°a 11 gate,mid p QrauNt[Y. [500 feet if permission is granted. Nee N a, .I gala wuwumpynaunva rrnE;u wwwww�k crcro 1 t,art Gcr 1 0e,a e,agGrxue,Nrtt,s,kr.a Ilnrcrog ucke,t1le, follllk)Muw 5tre ct, Commented[DH18]:Requirements would be very ttuNt!rkie" Jtc, similar to what we require for new single family 37,QVXit a<t e, ii,krulyrerr e,>k ue,Nrt�, Harr e�ae°kr k'rarNrt a«e,�al� G k,- . homes ate"rugtkx,t o w" ty Ilne,r.3 �U.k.,�,. G ur aN i t a stre,e,t,suake,j2jubll ue°uutu u , y, ,p�.,,;. t ew a�re,rrueprrt e r.g„GM 4U N kB 0 k'e ct n°� cke,,ory�uy�a k'e,e, ii,Nr Ilue,uu Il erNrgytruue,t�aNr.... r e,enrruy iraNrt ,uaewn°��a p, at e,�a�rt... 5 02 12-;mid,, d krll,stre ct tr ewa,Il.3 00 flU3A,ory;ay a M 12. V,Jtullutue,a, AIIII a 61lkk6(",;scr%ji lgt �a food gartyrrak skallll bC,umde,rgrounid Ir,U;r ere ctkm. .3 02 01( . AS iy pru bIllue,uutullq,ty 11 Nm,crer Ji w tkkrouugtkr pr,rua ate,prrojl-),rty skallll ISe,covered d by'u, r,uoUk,uu6]luty ew ,tr , t r n k Scctkm.3 M UNG .are,r a t u, uuNr,Nie°uy�a miter�aNra �,aNrut�aNwy�;te,n°��e,r e,er rNrewe,tuerrz, e,c�auure,a for e,�ae,r erprc e°�a„ MtlliNI�a food c art Pod V Itulluty ,e n ue�e,"r.skr;allll tcrrroomate, u[k temporary e,erNr lcctior l a�,�,e,rkul511uew�,,�,iiNruulIkar to tkrerse,uus,U,ak uNI recrem6omall r e,kr a e,Il e°(-)G 513 112'urlr s. 5 prenWCE e,erNrrre,e,60H qS re,eiuuurc;,nk kdrr CM01 kbod G,art GDNr `t,,ute µCnlcr ators arc;, yrarkriiKte,d. Woodburn Development Ordinance Chapter 2.07 Page 130 162 c ., rr,�aEaw a arw�awa l3 Nr;atauE�k, �atai) a �a�,s s,rNrNrawsrtuar ..., .;air Car„ .CIXiGwQJ IIQrXrsy v r'.a IPI<,IaIIXr 'ally% sraMU12llira wc,wt ltkr ;�tf, ty Na gru�G,atuams�tt�allll toNr cs V.o(331gfiicd Irawtrollla im,gru`s. tmiks;(saosrkr as,yEarlr aNrrw t aN ks) aEawyEarkrii utawak, awNrtkm sskr.allll yaw I Earr ocicd a QDNr �y,)itaw�,tarrrr><w��atawE aet„ .. I Iood girt Iraraks, yEarr iiEksw.�;. ,1 3lawkziicul ar�Icccss uNz coNif rn mmcc, wItkz"Q Allle,:3.OdA mid`cctkm .3 flUr,,(M Access is kxarau,Va,d be, IluNr[III tec to�a, uNt;tllsw cfij vem ay„V or Hots WE tkr rauaq,lIJ 12 11 Strect fiE)r It,,wes, Commented[DH19]: Should language allows for s ccss�,kraraulld arcc ur r ii a tkraw Rowe cl a�,�,,ofics atkm of'strect staff discretion for unique circumst ances. l3 y u„ awak wL�dlllgL ay srarr,NrawsrtuarNs Cat Ilcast 0 fi,'ct WClc'skr;allll s�arNr sect draw uNmermalll. yawakaws,tJml srurc ulP.atkm mfllll<m y mid tkrc, Iraubllusr sJdc'mt1llk alkmgt awacll fl'EarNrt;;m e, G a nlcr arty,nu!y uNIstc ad]2 a- r liaka �1�,uNr,1311aw C ar awl w alll<w 3y srarNrNrawkrtuarNr�at]Irw art 8 fi,'ct Wuakaw Ott tkraw corrrawE ya/allkw�ay�rru ay I3swgMtswak,,,,, tkrEarau,<rkr, aEaw k� IrrgrkruKtcd V3Eurs . 011� aaksy"�afau� wwllppwfww w Q}t�wEQr�as,uQrNtSv'utktuNt �w��taQrNt . flb�.flb.y aE�w'ITV u��a toflQrQr k Commented[DH2O]:Sameasany new development. y aN auNr3`....Q rawyEag3 osuams of(JiLU2ta,,r.3 05 mrkw ayy usr,3 aw to fbod girtl awxcawlrL. y �1 scrccnlr a ar ;a aEruNzr aEaw a a ruttuNr! 'a`,tr("ct troy coa orm wIt r Scctkm 3 05 02 . w�S t rEara,)i,t r �aNras alruNr;.µ,I�, aNrtawE�,,,,,,,arara sr�aE„t tr asrawrru,�Nrt,�aNra,k,rE arauta argrN �,aw�atuN sµ .. b \t tllllgwL�!y srEa),s img s o druraw�Jslllcs momµ/autullurrw.l 'auNr cd crar,smflllk tripuIIr1s,to srorfforsro wutkz Sectkms,.3 Od 001)�md 3.05 02N j�...uurmararV/rwwauup:,mararV rrwwauV<uu g rwuuuwQV auaV ..3.:1[.allA 3w,05G auaaVw_Se faaruuw,w,05 03q:D_,,re of uyymVw3a all ",� Commented[D H 2 1]:EV requirements would apply -------[per PC feedback on 4/11. rk /3 rroiNrum urro of I Kcyµrllaw Ir�!El<µu�u llll is rawarauu red]2w-food start 3kIc. start aw), a„!aw!�,kraw,ll,ta N uNrgt s,t,;aNrakmEak(SawctuarNr:3 05 00(„ 0) is m)t rrwasauurcd, 3 V,,.aNraks,sral iiNrr! fl krs !awNrawE all„II aNraks,glp) Nrr!Eawar)iuEawrroawNrts, uNr Scctikm.3 flU3>02�arrw'uaryl c llle. fl:,arard CM—t„y r Nroaurro Of,11.9. 11 3luruwirwwwkr fl�QrQrak cm-t Qm 5atrw Commented[DH22]:This is roughly similar to the ak,,�,krµallll Earr urkawa rrouNr,?. 33rwarauuErw I.aNtakSsr�a]pum.'nu!y;tar Irrwrrr;>I;aNtcmly;Ir .aNttrw k i, r. standard requirement for yard area along the r�awG onitur�. I112I Nrtcrs ➢'ll�aNrtaws 5kt.allll c atrkt flaw'4t Ilc a5t yw) mllllkm r., ➢rIP.aNrt aa„Nrut t allkau�^`��ttrc, street(1 PU/15sf).Typical trailers and trucks are 8 x z EII aNrt auNra arE p .r alkm 8sf). ar,autuNrawak . g: .ENarr uakawa# N ➢ .aNrt Y INrut,�a�flfl:" 16 (12 wutkruNr fl��µl�llaw.3 flU3gDB,awxsrawrt tkr�.at�a 5, y,fl r ' llkmrt V INriit�,,�md so am;g allllarNr 111NrtawE Ear„�,uakaw�,J ➢„ •`',� a„s Ma=a=Mr..!l.N.��N.a�.�. (a /3 mrllll or skllit arlbscusIi w fi"mgc rroawawtusggr(krrw suusraLards,yautllum,,k Eawalau i,N awd� llo I,o ml hart,Ilium'A µ,(bur � a�µ�g. aaVa a twuwul y tutu rwgllw�yEarll rwEtyt ruNr Qfl3s 4b us," Commented[11311123]:Provide a buffer for adjacent [residential properties. oarNr Eawfl'µai�,aw srarllllaw,artuarNr fl;asrillutuaw�,�,kssallll yaw awNgµ�llar�,awak 3 kruNraka�,,,iw,krt arw,krauruN„rkr; fens c or mtI l id[aa.<4ttcd fl kr,r f'cmac or mtl l 5kt all [a �'ra"tt�C C,u w�w au all /...�w,wCt t'Ifl Commented[11311124]:Same as any other commercial development,except more flexible to w tljo i .3 N flb.mid obtmm Irawrlw tw. allow a fence instead of a wall. Na7"daauuEawak a�arax,awy(Cara ar Nr a<r x. girt�aErw Nrart Erwd)auuErwrl, �.a IP�GwGw ra 'aXr aNa rv'll N flU VNralir uakau all w��Nr, att�ak�krawak to.k flflrarak „ r y s, la°rublla; p„ wawt�i N I c t}rawy�,kr�.allll ttr arl�t�auNr �,ayawErroutkrarw�awr aw (krrw krµallll Nrart y� 3M fl'Earrro�a aul�llus°�,trfl mart extenid triers,tkr,m.3 fect Aovc,(krrw rararfarfl'tkraw cm-t. g ,, R? r lugtkrtom'prat)uSkms of( kayter.3 t N m-c,�tpplusaAle,to Commented[DH25]:Same as any other arara9 girt uara Vu rw153dux� fl kr�awxtawEuar, — n l l 3� µ xfa;rrar t commercial development. Woodburn Development Ordinance Chapter 2.07 Page 131 163 3.05 Off-Street Parking and Loading The purpose of this Section is to identify the requirements for off-street parking and loading facilities.Well-designed parking facilities improve vehicular and pedestrian safety,promote economic activity,enhance the driving public's experience,promote cycling,carpooling, vanpooling,and per electric vehicles,allow persons walking,cycling,and rolling along to pass along or through parking areas in comfort and dignity,and to implement Woodburn Comprehensive Plan policies.With appropriate landscaping and storm water design,parking areas can also mitigate the environmental impacts of development and reduce the urban heat island effect. 3.05.01 Applicability 3.05.02 General Provisions 3.05.03 Off-Street Parking 3.05.04 Off-Street Loading&Unloading 3.05.05 Shared Parking 3.05.06 Bicycle Parking Standards 3.05.01 Applicability The provisions of this Section shall apply to the following types of development: A. All requirements and standards of Section 3.05 shall apply to any new building or structure constructed after the effective date of the Woodburn Development Ordinance(WDO). B. Any additional parking or loading required to accommodate a change in use,or expansion of an existing use,shall conform to all parking,loading and landscaping standards of the WDO. 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 citherbe: 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. C. When calculations for determining the number of required off-street parking spaces results in a fractional space,any fraction of a space less than one-half shall be disregarded,and a fraction of one-half or greater shall be counted as one full space. Woodburn Development Ordinance Chapter 3.05 Page 186 164 Off-Street Parking Ratio Standards Table 3.05A Use 1•z Parking Ratio-spaces per activity unit or square feet of gross floor area. RESIDENTIAL Ia. Single-family dwellings(houses),including 2/dwelling unit manufactured homes,and multiple-family dwellings lb. Duplexes,triplexes,quadplexes, a 1/dwelling unit townhouses,and cottage clusters 2. Rooming/boarding house,hotel,motel,and 2 parking spaces+ 1/guest room other traveler accommodations 3. Group Home or Group Care Facility 0.75/living unit COMMERCIAL/PUBLIC 4. General indoor recreation 1/200 square feet 5. Food and drinking places 1/200 square feet 6. Motor vehicle service 1/200 retail area+3/service bay+1/ pump island 7. General retail sales(such as food and beverages,clothing,sporting goods,health and personal care items,and motor vehicle parts) S. Photo finishing 1/250 square feet 9. Ambulatory health services(such as doctors, dentists,optometrists,and chiropractors) 10. Postal service 11. Limited-service eating place 12.Offices(such as professional,scientific and technical services,finance and insurance,real estate,administrative and support services, 1/350 square feet social assistance,and public administration— but not including ambulatory health services) Greater of: 13. Personal services 1/350 square feet;or 2/service chair or room 14. Libraries 1/400 square feet 15.Outdoor sales and service of bulky 1/400 square feet of structure+1/20,000 merchandise(such as motor vehicles,farm square feet of outdoor display area equipment,and manufactured dwellings) 16.General repair and service(such as electronic and precision equipment,leather goods, 1/500 square feet laundry and dry cleaning equipment) Woodburn Development Ordinance Chapter 3.05 Page 190 165 17. Printing and related support activities Greater of 1/700 square feet or 1/ 18. Mail order house employee 19. Fabricated metal products manufacturing 20. Commercial and industrial equipment repair Greater of 1/800 square feet or 1/ 21. Craft industries employee 22. Commercial bakery 23.Indoor sales and service of bulky merchandise (such as furniture,appliances,and building 1/900 square feet materials) 24.Temporary outdoor marketing and special 1/ 1,000 square feet of outside event space events plus,no reduction from primary zoning for other uses. 25. Delivery services One space per delivery vehicle plus one space per employee per shift. 26, FooQ g u t 114 Qo I`YervIeQ card III/w200 41iw uw ��b uw l wLw�4VV�wQwllVw Commented[DH26]:Increased from 2 to 3 per CC tu...] feedback on 6/24 ----- ----- ---- ----- ---- ------ 27. Home occupation Commented[DH27]:Canby requires a range of 0- No reduction from dwelling requirement is 1.5 stalls per cart,based on the zoning district. 28. Residential Sales Office allowed. Beaverton,Gresham,West Linn,Oregon City do 29. Temporary residential sales not require parking. 30. Contractors 2 parking spaces+ 1/employee Tualatin,Wilsonville requires parking based on total square footage(10/1000sf). 31. Parks and playgrounds Minimum of other uses requiring parking Commented[DH28R27]:Lake Oswego --stalls per 32.Urban transit system,interurban and rural �� 1000sf GFA(GFA calculated based on the total transit,taxi service,limousine service,school square footage of covered or enclosed seating transportation,charter bus service,special all food carts) - a g a v u y areas,plus the s uare foota e of needs transportation,motor vehicle towing Commented[DH29R27]:Salem:maximum allowance of 2/cart;additional building area(bar, 33. Hospital 1.51 bed Irestroom,etc)allowed up to 1 space/175sf 34. Meetingfacilities(such as house of [ ]• q i � auditorium,motion picture theater,arena, [for a standard bar or restaurant 1� Commented DH30•This matches what we re uire funeral home,and lodge hall) One space per 4 occupants,as established 35. Museum and historic sites by the building code 36. Community center 37. Community club building and facilities 38. Bowling center 2/lane 39. Golf course 4/tee 40. Court games(tennis,handball,racquetball) 3/court+ 1/4 feet of bench 41. Day care 2/caregiver 42. Elementary or middle school 2/classroom 43. High school 1/unit of capacity for 6 students 44.Community college,college,business school, trade school,technical school,other 1/unit of capacity for 4 students instruction(including dance,driving and language) Woodburn Development Ordinance Chapter 3.05 Page 191 166 45. Play or ball field Greater of: 151 field or 1/8 feet of bench 46.Government and public utility buildings and Greater of: structures 2 or one per employee at location 47. Cemetery 10 plus one per acre INDUSTRIAL 48. Wholesale trade 1/700 retail square feet+ 1/ 1,000 49. Motor vehicle wrecking yard wholesale square feet 50. Manufacturing Greater of: 51. Stone,clay,glass and concrete products a. 1/800 square feet(0 to 49,999 square 52. Fabricated metal products,except machinery feet) 53. Electronic and other electrical equipment and b. 63 plus 1/ 1,000 square feet over 50,000 components,except computer equipment (50,000 to 99,999 square feet) 54. Transportation equipment c. 113 plus 1/2,000 square feet over 100,000(100,000 square feet or more) or 1/employee 55. Warehousing Greater of: 56. Motor freight transportation and warehousing a. 1/5000 square feet(0 to 49,999 square 57. Truck transportation feet) 58. Support activities for rail transportation b. 10 plus 1/ 10,000 square feet over 59. Wholesale trade—durable goods 50,000(50,000 to 99,999 square feet) 60. Wholesale trade—Non-durable goods c. 15 plus 1/ 15,000 square feet over 61. Recycling centers 100,000(100,000 square feet or more) 62. Asphalt or cement batch plants or 1/employee 63. Agricultural practices Exempt from the parking requirements 64. Telecommunication facilities 65. Transit ground transportation 1 transit vehicle space per transit vehicle plus 1/employee 66. Freight transportation arrangement 1/employee 67. Self storage 1/6 storage units,maximum of 6 spaces 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. 2. There is no required parking ratio in the DDC zone per Section 3.07.07B.12. 3. See Tables 3.05C&E for minimum carpool/vanpool and electric vehicle parking and Table 3.05D for minimum bicycle parking. P. In compliance with OAR 660-046-0220(2)(c). Woodburn Development Ordinance Chapter 3.05 Page 192 167 3.07 Architectural Design The purpose of this Section is to set forth the standards and guidelines relating to the architectural design of buildings in Woodburn.Design standards can promote aesthetically pleasing architecture,increase property values,visually integrate neighborhoods,and enhance the quiet enjoyment of private property. 3.07.01 Applicability of Architectural Design Standards and Guidelines 3.07.02 Single Family,Manufactured Dwellings,&Dwellings Other Than Multiple-Family("Middle Housing")on Individual Lots 3.07.03 [Struck] 3.07.04 Dwellings in the Neighborhood Conservation Overlay District(NCOD) 3.07.05 Standards for Medium Density Residential Buildings 3.07.06 Standards for Non-Residential Structures in Residential,Commercial and Public/Semi Public Zones 3.07.07 Downtown Development and Conservation Zone 3.07.08 Mixed Use Village Zone 3.07.09 Nodal Neighborhood Commercial Zone 3.07.10 Industrial Zones 3.07.01 Applicability of Architectural Design Standards and Guidelines A. For a Type I review,the criteria of this Section shall be read as"shall"and shall be applied as standards.For a Type II or III review,the criteria of this Section shall be read as "should"and shall be applied as guidelines. B. The following are exempt from the provisions of this Section: 1. Any single-family,duplex,or manufactured dwelling that existed prior to October, 2005,except such dwellings located within the Neighborhood Conservation Overlay District(NCOD). 2. New dwellings in Manufactured Dwelling Parks containing more than three acres. 3.07.02 Single-Family Dwellings.Manufactured Dwellings.&Dwellings Other Than Multiple-Family("Middle Housing")on Individual Lots A. Applicability This Section shall apply to all new single-family dwellings,dwellings other than multiple- family,and manufactured dwellings on individual lots. It shall apply also to subdivisions and Planned Unit Developments approved on or before August 12,2013. Manufactured dwellings have different standards for roofing;otherwise,all standards in this Section apply to manufactured dwellings. B. Minimum Requirements Woodburn Development Ordinance Chapter 3.07 Page 232 168 3.07.07 Downtown Development and Conservation(DDCI Zone A. Applicability The purpose of these development standards is to guide the design of buildings constructed in the Downtown Development and Conservation(DDC)zoning district to ensure that, through appropriate use of facades,windows,building orientation,and architectural details, new structures and alterations of existing structures are physically and visually compatible with other buildings within the downtown business district.The majority of the existing buildings in downtown Woodburn reflect architectural styles that were popular during the late nineteenth and early twentieth century. 1. The provisions of this ordinance shall apply to the following activities within the DDC: a. All new building construction; b. New construction,restorations,and remodels.Restorations shall be defined as all exterior repairs,replacement of materials,alterations or changes,including reroofing,painting,window,and sign replacement,as well as any exterior building or site modification that requires a building permit; c. All new signage. 2. This ordinance shall not apply to the following activities or uses: a. Maintenance of the exterior of an existing structure,such as reroofing,residing,or repainting where similar materials and colors are used that comply with this ordinance•, b. Interior remodeling; c. Single-family detached dwellings; d. Single-family dwellings that are used for businesses or home occupations. 3. This ordinance shall apply only to those portions of a building or sign that are proposed for construction or modification,and shall not extend to other elements of the building or sign that may be out of compliance with the requirements of this ordinance(i.e., a permit to replace a single window shall not require that all other windows on the building that may be out of compliance with this ordinance to be replaced,unless such action is initiated by the property owner). However,if a building should be destroyed due to fire,accident,or an act of God,the new or replacement structure shall be rebuilt to conform to the requirements of this ordinance. 4. At the time of application,the applicant shall choose whether the Design Review shall be conducted as a Type I,II,or III review(Section 5.01,5.02,5.03).For a Type I review,the criteria of this Section shall be read as"shall"and shall be applied as standards.For a Type 11 or III review,the criteria of this Section shall be read as "should"and shall be applied as guidelines. B. Design Guidelines or Standards Standards for new construction shall require builders to conform to the architectural form of Woodburn's historic period(1880's through 1940's).As such,new construction shall conform to the following standards listed below.The following list of buildings is provided as a reference guide to those buildings which display characteristics intended by the standards. Woodburn Development Ordinance Chapter 3.07 Page 250 169 C. External Storage of Merchandise The external storage of merchandise or materials,directly or indirectly related to a business, is prohibited. D. Outdoor Displays of Merchandise Outdoor displays of merchandise are permitted during business hours only, arc IluNluutrw , tar 2r:,!i uu,ts sold we tljo i flaw buuullcfiNig,.,and shall not exceed ten percent of the total uzidoor p �m tkrrw storefrrrm may retail sales area.Displays of merchandise on public sidewalks all,,,,, not reduce usable walking areaa widths to less than four feet. E. Outdoor Eating Areas Outdoor cool<iNi fitcul11 toles m id dining areas m-c er;u°aruwrrr2�r7wc§„mid are permitted on public sidewalks�allrrr,<a tkrrw st2rrwfl'rrrNrt offfic,&,srru°iratrwci 2uu,uNrrLs r�,rwllll�rrNrlly ufl'e}r�.at 2uu�,ur,rw„ all�,r,,, tkrrrsc flood i,tiQrar s. vcwaling;< �ttk rnn< - a - our ruw'2< nnuwy..jjart.yeduce usable walking area widths on public sidewalks to less than four feet. Commented[DH31]:This language has created Vrrtkritr;! 7c'utkri,r tkrus Irma u�,urrNr qs, uNrlrwNrci2ci to 2rrrkru2ut tkrrw..:4usuw rrfl'Irrua atrw 2r22rwrty fbrsuch confusion and frustration for downtown businesses. ------- -------- ------ ------- ------- ---------. Commented[DH32R31]:The intent here is to ensure brick-and-mortar businesses are able to use the sidewalk in front of their building for outdoor food prep and dining.This is not intended to allow outside vendors to set up in front of someone's storefront. Woodburn Development Ordinance Chapter 3.07 Page 255 170 5.01 Type I (Administrative) Decisions 5. 1 General Requirements A. The purpose of this Section is to identify what types of actions are considered Type I decisions and their respective review criteria.Type I decisions do not require interpretation or the exercise of policy or legal judgment in evaluating approval criteria.The decision- making process requires no notice to any party other than the applicant. B. To initiate consideration of a Type I decision,a complete City application,accompanying information and a filing fee must be submitted to the Director.The Director will evaluate the application as outlined in this Section. 5.01.01 Access Permit to a City Street,excluding a Major or Minor Arterial Street 5.01.02 Design Review,Type I 5.01.03 Fence and Free Standing Wall 5.01.04 Grading Permit 5.01.05 Manufactured Dwelling Park,Final Plan Approval 5.01.06 Partition and Subdivision Final Plat Approval 5.01.07 Planned Unit Development(PUD),Final Plan&Design Plan Approval 5.01.08 Property Line Adjustment;Consolidation of Lots 5.01.09 Riparian Corridor and Wetlands Overlay District(RCWOD)Permit 5.01.10 Sign Permit 5.01.11 Significant Tree Removal Permit 5.01.12 �.Oii IE444 F-MaaFkaw�4ir -�awrd Special Event Permit 1. 1 Access Permit to a City Street.Excluding a Maior or Minor Arterial Street A. Purpose: The purpose of this review is to ensure conformance to City street access standards and this Ordinance(Section 3.04)in circumstances where the access is not subject to any other type of land use approval. B. Criteria:The proposed access shall conform to the applicable standards of access to public streets(Section 3.04). C. Procedure:The Director shall review the access permit and determine conformance to City standards. Woodburn Development Ordinance Chapter 5.01 Page 328 171 5.01.09 Riparian Corridor and Wetlands Overlay District(RCWOD)Permit A. Purpose:The purpose of this review procedure is to ensure that all grading,excavation,fill, and vegetation removal(other than perimeter mowing and other cutting necessary for hazard prevention)within a delineated,significant wetland,complies with applicable City and State standards and procedures,including those of ORS Chapter 196 and Chapter 227 and OAR 660-023. B. Criteria: 1. The applicable standards of this Ordinance and the findings and action proposed by the Division of State Lands;or 2. A finding,verified by the Division of State Lands,of error in delineation of the RCWOD boundary. C. Procedure:The Director shall review the permit and approve it upon a determination that it meets the criteria of this ordinance. 5.01.10 Sign Permit A. Purpose:The purpose of this review is to ensure that signs comply with standards found within the Sign Standards(Section 3.10). B. Criteria:Applications shall be reviewed for compliance with the sign standards of this Ordinance. C. Procedure: The Director shall review proposal signs for compliance to City regulations. 1.11 Significant Tree Removal Permit A. Purpose: To ensure that the removal of Significant Trees conforms with Section 3.06.07 as well as the purposes of Section 3.06.07A. B. Applicability:Per Sections 3.06.0713&C. C. Criteria and procedure:Per Section 3.06.07. 1.12 1 anitom 1,;n In A2Wa(m1m114; i1,iu4 t°� td i1,111 Special Event Permit A. Purpose:The purpose of this review is to ensure that otwtd aQa �ttoo-� ;�u�1.*,or special events conform to the standards of this Ordinance(Section 2.07.17). B. Criteria: Q eia q a FriFi"Oil Irla�r aar4 Special Events shall conform to all standards of this Ordinance. C. Procedure:The Director shall review the application and shall approve a permit based on compliance with this Ordinance. Woodburn Development Ordinance Chapter 5.01 Page 334 172 COUNCIL BILL NO. 3256 ORDINANCE NO. 2629 AN ORDINANCE ADOPTING AMENDMENTS TO THE WOODBURN DEVELOPMENT ORDINANCE RELATED TO FOOD CARTS AND FOOD CART PODS (LA 24-02) WHEREAS, the Woodburn Development Ordinance (WDO) establishes the standards that development is required to meet and that clarity of those standards is critical as the community continues to grow and prosper; and WHEREAS, periodic revisions and updates to the Woodburn Development Ordinance are necessary and expected to comply with statutes and administrative rules, administer new and revised long-range plans, and address current issues; and WHEREAS, Section 4.10.09 of the WDO requires the City Council to initiate the consideration of any potential legislative amendments to the WDO by resolution; and WHEREAS, on August 28, 2023, the Council, in conformance with WDO 4.01 .09A, initiated Legislative Amendment 24-02 via Resolution No. 2218, directing staff to review and revise the WDO regulations for food carts; and WHEREAS, the Woodburn Planning Commission held three work sessions for LA 24-02 between March 14, 2024 and April 25, 2024; and WHEREAS, the Woodburn Planning Commission held a public hearing on May 23, 2024 and unanimously recommended approval of the amendment to the City Council; and WHEREAS, the Woodburn City Council held a work session for LA 24-02 on June 10, 2024; and WHEREAS, the Woodburn City Council held a public hearing on June 24, 2024, and tentatively approved the legislative amendment; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. For purposes of this ordinance amendment, all new text is shown as underlined (i.e. new text) and all deleted text is shown as stricken (i.e. ro' Q #e t). After this ordinance amendment is adopted, the Community Development Director shall correct the WDO to incorporate all revisions contained herein. Page - 1 - Council Bill No. 3256 Ordinance No. 2629 173 Section 2. The WDO is amended as specified in Exhibit A which is attached hereto. Section 3. The legislative action taken by the Ordinance is explained and justified by the Staff Report and Analyses & Findings documents attached hereto and incorporated herein as Exhibits B and C, respectively. Approved as to form: City Attorney Date Approved: Frank Lonergan, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page - 2 - Council Bill No. 3256 Ordinance No. 2629 174 Woodburn Development Ordinance WDO Adopted by Ordinance 2313 on April 9,2002 Acknowledged December 22, 2006 Amended by Ordinance 2423 on July 28,2007 Amended by Ordinance 2446 on September 8, 2008 Amended by Ordinance 2465 on March 24, 2010 Amended by Ordinance 2473 on December 13, 2010 Amended by Ordinance 2480 on September 26, 2011 Amended by Ordinance 2492 on September 10, 2012 Amended by Ordinance 2509 on August 12,2013 Amended by Ordinance 2510 on September 23, 2013 Amended by Ordinance 2520 on July 28,2014 Amended by Ordinance 2526 on February 9, 2015 Amended by Ordinance 2538 on September 26, 2016 Amended by Ordinance 2541 on November 14,2016 Amended by Ordinance 2544 on January 9, 2017 Amended by Ordinance 2561 on July 9,2018 Amended by Ordinance 2562 on September 10, 2018 Amended by Ordinance 2573 on June 24, 2019 Amended by Ordinance 2579 on April 13, 2020 Amended by Ordinance 2602 on May 9, 2022 (LA 21-01) Amended by Ordinance 2603 effective June 30,2022 (LA 21-02) Amended by Ordinance 2621 on February 26,2024 (LA 21-03) ............ ...........li............I.�C II......... ............................... 175 TABLE OF CONTENTS VOLUME 1 ORGANIZATION AND STRUCTURE 1.01 fi ra;actura°.................................................................................................................................3 ............................................................. 1.02 MA gait ons..............................................................................................................................7 ........................................................................... 1.03 Offi aazl Z a�n ma.-2.............................................................................................................29 ............................................................................................... 1.04 1Trrrra rr�lrrryraa Q.1�� zaf 1�� va lrr �rr�a ..............................................................................31 1.05 1 1azas11ia2.3 ....�:.::.�ry 11 1::is..si�raa............................................................................................................35 1.06 1�a,aa� 'a?......d ?v�„ v 1= rraf...........................................................................................................39 .............................. VOLUME 2 LAND USE ZONING AND SPECIFIED USE STANDARDS 2.01 G(,,,.ne.ra1 Provisions................................................................................................................41 ............................................................................................................................... 2.02 Re.si felit al Zoa e.s..................................................................................................................45 ........................................................................................................................ 2.03 Q.:`o rnryxl.rc aa. �;�ra e.s................................................................................................................69 ............................................................................................................................... a;2.04 In s r aa. and Pa;ibfic Zon s ..................................................................................................83 ....................................................................................................................................................................................... 2.05 Ove°2y 1:� a fi r a fi:a ...................................................................................................................93 ............................................. 2.06 A._.c�a�soly ;,tr,acta,ar a�...........................................................................................................107 ............................................................. 2.07 12 "....:i:..a:a:..._Q:.::Js(,I.s........................................................................................................................111 2.08 , r a1a C,onalitionaz11.:1s(,,,,s...................................................................................................129 VOLUME 3 DEVELOPMENT GUIDELINES AND STANDARDS 3.01 S fira(fie, ra a a� as & 0a Ol �fi (;afi q!]d Transit 3.02 Q..Aihtaaas and Eam,,1yraelits................................ ......... ......... ..................................................157 ............................................................................................................................................................. 3.03 � elbaza k_s and Qpgn �1:aa c(. ...................................................................................................161 3.04 Ve.hi ad r& Bic A�la,/l��ala�a��riz� m � ............................................................................167 3.05 011 fira afi ll' rkaaa �aaaf...: �r�afaaa:.l ..........................................................................................181 3.06 LaaalAa ........................................................................................................................205 ...................................................... 3.07 Archata,acta,ad M"'Si � ...........................................................................................................227 .......................................................................................................................... 3.08 Partitions and Subdivisions.................................................................................................257 ...................................................................................................................................................................................... 3.09 lllarine.d LJnit MI'vCR rrrxa, �a ................................................................................................259 .......................................................................................................................................... . 3.10 „�.......................... 271 gA2 3.11 : .:l;jl:�::::ng................................................................................................295 VOLUME 4 ADMINISTRATION AND PROCEDURES 4.01 Q(ci ion-Mazkirr : r c ;a r as..............................................................................................299 4.02 ( a 2.d rio �rra i ............................................................................313 ....... ......... ......... ........ ... VOLUME 5 APPLICATION REQUIREMENTS 5.01 If Ype 1 ( _ rrai is�rzti v�� 1 )rra......................................................................................323 5.02 T. 11_ ( a��z _alyraa za�r�fizv 1 �a ia�KMs..........................................................................331 . 5.03 fYp-( 11➢ ( aaasi . u lac iW Q(pia;ir�rra;....................................................................................341 5.04 Ify�1a 1 ( aaai-.�aaali�z1 1.� i��ir� a....................................................................................351 176 1.02 Definitions Note: Terms not defined in this Section have the meaning set forth in the New Oxford American Dictionary, 2010 edition(see Section 4.02.06.B.6.) Abutting: Touching on the edge or on the line, including at a corner. It shall include the terms adjacent, adjoining and contiguous. Access: The place, means or way by which pedestrians or vehicles have ingress and egress to and/or from a lot or use. Accessory Building, Structure or Use: A detached building, structure or use which is incidental and subordinate to, and supports the primary use on, the same premises. Accommodations: • Bed and Breakfast Inn: A single-family dwelling with at least one room offered to the general public for lodging on an overnight or weekly basis, with a meal provided. • Hotel: A building in which rooms are offered to the general public for lodging on an overnight or weekly basis, where the primary entrance is through a lobby or foyer with internal circulation to the rooms. • Living Unit: A room or suite of rooms,providing living and sleeping facilities for one or more persons where either cooking or eating and/or sanitation facilities are shared. In a rooming and boarding house, each bed rented for compensation is a"Living Unit." Note: Living unit is not synonymous with"dwelling unit." • Motel: a group of attached or detached buildings, in which more than five rooms are offered to the general public for lodging on an overnight or weekly basis, where the rooms have direct access to the outside without the necessity of passing through the main lobby of a building. • Rooming and Boarding House: A residential building or portion thereof with guest rooms,providing lodging or lodging and meals, for three or more persons for compensation. ADA: The acronym refers to the federal Americans with Disabilities Act(1992) and in the context of WDO standards means compliance with contemporary federal provisions with which developers are bound to comply as standards and compliance with any contemporary supplemental state of Oregon provisions with which developers are bound to comply as standards. Adjacent: Near, close or bordering but not necessarily contiguous with; adjoining but separated by a right-of-way. Administrative Body: The City Council, Planning Commission, Design Review Board, or staff member having the jurisdiction to hear and decide proceedings on land use actions. Alley: A public right-of-way not more than 20 feet wide and not less than 10 feet in width that provides vehicular access to property instead of or in addition to a public street, that intersects with a public street, and that can serve as a utility corridor. Distinct from "Shared Rear Lane". Woodburn Development Ordinance Chapter 1.02 Page 7 177 • Single-Family Dwelling: A detached building constructed on a single lot, containing one dwelling unit designed exclusively for occupancy by one family. • Triplex: Three (3) attached dwelling units on a lot. • Accessory Dwelling Unit(ADU)—An interior, attached, or detached residential structure that is used in connection with, or that is accessory to, a single-family dwelling. Note: Where it appears in the WDO, reference to dwelling or dwellings "other than multiple-family" excludes ADU unless a specific provision specifies otherwise. Employees: All persons, including proprietors,performing work on a premises. For calculating required off-street parking, it shall be the number present during the largest shift or peak season. Family: An individual or two or more persons related by blood, marriage, legal adoption or guardianship, or a group of not more than five persons (excluding servants) who need not be related by blood or marriage, living together in a dwelling unit. "Family" shall include two or more handicapped persons as defined in the Fair Housing Amendments Act of 1988 living as a single housekeeping unit. Final Action and Final Decision: The City's final decision on a permit application for which there is either no appeal to another decision-maker within the City, or, if there is the possibility of a local appeal, an appeal was not timely perfected in accordance with the Woodburn Development Ordinance. Food as r�.� �; unc l ,...:trader e ra s„ err a:.�� u�nga.r... a �nq��7 G ua G ��.�`�� a � :: ro p�,i� err c iti b(,:..� a!ui�i(, or pjfflr,d dowti as sidewaafls a?j uaG.r.raraG.. atid is p1iiiiardy ga ie ..Im die wale of Ibod aaii /a)r be eraa rraur ar(l G y !2 G r, r oiistaraie,r. Food (.,art Pod-I ... site....coil(.a illl lid w1lilaIlletit. `ipa'rces Im two or iiiore loo ...cartsatid associated rll �;llata6w G�....�`r a Ga air(rfr„s rr`wtro(killll��w.x..6w t ) r„j]r .r'�"�krll�lrll7oii r a��r�� r �� o .. rq�a��`",;.. r�k D�,,rtY.u. Frontage: That portion of a lot which abuts a public street. Garage: A building, or portion of a building, which is completely enclosed and designed for the storage or parking of a vehicle. Grade: Adjacent ground elevation is the lowest point of elevation of the finished surface of the ground,paving or sidewalk within the area between the building and property line or, when the property line is more than 5 feet from the building, between the building and a line 5 feet from the building. Greenway: For purpose of applying greenway standards, the Mill Creek Greenway as the Mill Creek Greenway Plan(2006-2007 and as amended) identifies. Greenway trail: The mainline bicycle/pedestrian facility within a greenway, as distinct from spurs and supplemental paths and trails. Gross Floor Area (GFA): The sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior wall or from the centerline of walls separating two buildings, but not including: 1. Attic and basement space providing headroom of less than seven feet; 2. Uncovered steps or fire escapes; 3. Private garages, carports, or porches; Woodburn Development Ordinance Chapter 1.02 Page 16 178 1. In the case of an interior lot, a line separating the lot from the street. 2. In the case of a corner lot, a line separating the lot from the street from the architectural front of the existing or contemplated primary building. 3. In the case of a flag lot resembling Figure 1.02D example Lot 3, the lot line which is most nearly parallel to the street that provides access to the interior lot, or resembling example Lot 4 by not having a pole, then the lot line most nearly parallel to the access easement and that is closest to the easement. • Rear Lot Line: 1. In the case of an irregular, triangular, diamond, or trapezoidal shaped lot which is narrowest at the rear and has a distance between the side lot lines at the rear of less than ten feet, the rear line for setback purposes shall be an assumed line within the lot ten feet in length,parallel to, and at the maximum distance from, the front lot line; or 2. In any other case, the lot line opposite and most distant from the front lot line. • Side Lot Line: Any lot line, which is not a front or rear lot line. Lot Width: The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. Manufactured Dwelling Park: Any place where four or more manufactured dwellings are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent or lease or use facilities or to offer space free in connection with securing the trade or patronage of such person. The term does not include a lot or lots located within a subdivision being rented or leased for occupancy by no more than one manufactured dwelling per lot, if the subdivision was approved pursuant to ORS Chapter 92. • Park Space: Any area or portion of a manufactured dwelling park, which is designated or used for the placement of one manufactured dwelling and appurtenant facilities. Middle Housing: Duplexes, triplexes, quadplexes, cottage clusters, and townhouses as defined in ORS 197.758(1)(a) & (b) and OAR 660-046-0020. The WDO remains applicable if and where it adds definition, description,provisions, requirements, or standards that do not conflict with statute or administrative rule. Mini-Storage Warehouse: An area within an enclosed building or structure used for the storage of personal property for compensation. Mobile le Food Sery � � ��traveli�arrt t.�rr lood c r t (t i a ��r taa��t�✓ate t.r��i�ot..i a est. raaatioils aflot g as rot.Ae,,N MUTCD: The acronym refers to the Manual on Uniform Traffic Control Devices published by the United States Department of Transportation (U.S. DOT)Federal Highway Administration (FHWA) and in the context of WDO standards means compliance with contemporary federal provisions with which developers are bound to comply as standards and compliance with any contemporary supplemental state of Oregon provisions with which developers are bound to comply as standards. NACTO: The acronym refers to the National Association of City Transportation Officials, which publishes the Urban Street Design Guide. Woodburn Development Ordinance Chapter 1.02 Page 19 179 2.03 Commercial Zones A. The City of Woodburn is divided into the following commercial zones: 1. The Downtown Development and Conservation (DDC) zone is the community's retail core,providing for unique retail and convenient shopping 2. The Commercial General (CG) zone is the community's primary commercial area, providing for businesses requiring extensive land intensive outdoor storage and display of merchandise, equipment, or inventory. 3. The Commercial Office (CO) zone is intended primarily for office type development, with limited retail activity. 4. The Mixed Use Village (MUV) is intended to promote efficient use of land that promotes employment and housing through pedestrian-oriented development. 5. The Neighborhood Nodal Commercial (NNC) zone is intended to meet the shopping needs of nearby residents in a compact commercial setting B. Approval Types (Table 2.03A) 1. Accessory Uses (A) are allowed outright, subject to the general standards of this Ordinance. 2. Conditional Uses (CU) may be allowed, subject to the general development standards of this Ordinance and conditions of Conditional Use approval. 3. Permitted Uses (P) are allowed outright, subject to the general development standards of this Ordinance. 4. Special Permitted Uses (S) are allowed outright, subject to the general development standards and the special development standards of Section 2.07. 5. Specific Conditional Uses (SCU) may be allowed, subject to the general development standards of this Ordinance, the specific standards of Section 2.08, and conditions of Conditional Use approval. Uses Allowed in Commercial Zones Table 2.03A Use Zone Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) DDC CG CO MUV NNC Special Permitted Uses(S) Specific Conditional Uses(SCU) A I Civic Uses 1 Public administration, aquatic facilities, fire protection, government and public utility buildings and storage P P P P P yards Woodburn Development Ordinance Chapter 2.03 Page 69 180 Uses Allowed in Commercial Zones Table 2.03A Use Zone Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) DDC CG CO MUV NNC Special Permitted Uses(S) Specific Conditional Uses(SCU) 2 Public and private schools, house of worship, civic and P P P P P social organizations 3 Rights-of-way, easements and improvements for streets, water, sanitary sewer, gas, oil, electric and P P P P P communication lines, stormwater facilities and pump stations. B Commercial Retail and Services 1 Ambulance service CU 3 CU 3 CU CU s 2 Automotive maintenance and gasoline stations, CU CU 3 P 6 including repair services 3 Bakeries, delicatessens, grocery and convenience stores P P P P 4 Bowling, skating, movie and performing arts theaters P P P 5 Building material and garden equipment P s p s p s p s 6 Business services P P P P 7 Computer, commercial, electric motor,precision P 4 P I P 4 P 4 equipment, industrial and home goods repair. 8 Contractors: a. Flooring and roofing b. Equipment and machinery 4 4 6 c. Glass and glazing P P P d. Masonry, drywall, insulation and tile contractors e. Other types of contractors 9 Craft industries: a. Apparel manufacturing b. Leather manufacturing, furniture and related S S S S S product manufacturing, including cabinets c. Sporting goods manufacturing d. Doll, toy and game manufacturing 10 Delivery services S S S S S 11 Dry cleaning, laundry and self-service laundry service P 7 P S P 12 Fitness and recreational sports P P P P P ^„ Food c �rtua r1 food cart r2 11 Funeral home P P P P P 15 Hospitals and ancillary uses CU s l p Hotels, motels and bed and breakfast inns P P P P P 17 lo rn rxi lood srxirvnr°rxiu: Woodburn Development Ordinance Section 2.03 Page 70 181 18. Office and office services and supplies P P P P P 12 Other amusements, including ballrooms p 1 0 Pawn, check cashing,payday loan and cash transfer CU I P P 2..1.. Printing,publishing, copying, bonding, finance, 14 insurance, medical, data processing, social assistance, P 7 P P P P legal services, management, and corporate offices 22. Professional services P P P 2. . Restaurants and drinking places P 7 P P P P 24 Retail trade offering goods and services directly to P 7 P P P 2. customers 25, Spectator sports P � 26 Taxidermist CU s 2„7„ Veterinary service CU s 28. Wine and liquor CU 7 P P C Industrial 1 Charter bus, special needs transportation, transit system, CU s school transportation, limousine service and taxi service 2 Heavy equipment and motor vehicle sales: a. Manufactured(mobile) home dealers b. Motor vehicle and parts dealers, including new car, used car, recreational vehicle, motorcycle, boat, parts and tire dealers CU s c. Truck dealers, including new truck, used truck, parts and tire dealers d. Tractor, farm machinery and equipment dealers e. Farm, garden and landscaping supplies 3 Manufacturing of metal products, furniture and cabinets P 4 P 6 4 Motor freight transportation and warehousing, including local or long-distance trucking or transfer services, storage of farm products, furniture, other CU household goods, or commercial goods, and mini- storage Woodburn Development Ordinance Section 2.03 Page 71 182 Uses Allowed in Commercial Zones Table 2.03A Use Zone Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) DDC CG CO MUV NNC Special Permitted Uses(S) Specific Conditional Uses(SCU) 5 Motor vehicle towing CU 3 6 Parking lots and garages P P P P 7 Recreational vehicle park CU I D Miscellaneous 1 Facilities during construction S S S S S 2 Fence or free-standing wall A A A A A 3 1 e ll as"saa Y aaa4dk,akaa" iiiaFket4ig saai . s pecial events,,' seFvieei sales a4 Pa"esV('-)Fk* (;Il"ass�.ffl�aa"s tize S; raa ikle (,-)r k*4 a 11a4efiaa9as . iai s�" s�slii'.Fides ga��a s��ms S S S S S a] Via. Aaiy eF haa�lidi se '-)a ssei:Vie e ""Oh�i0 h isa.." eitheiz Psa liaaFy3 pffflliflwi4 lase ('4 flie faaffei4y �Ik")F G"aswaizke�ed I- an TI.()Yee ...81 mha,4 E Residential 1 One dwelling unit, in conjunction with a commercial P P P P P use 2 Triplexes P CU9 P P 3 Quadplexes P CU9 P P 4 Townhouses P CU9 P P 5 Child care facility, group home, and nursing home P 8 P 8 P 8 P 8 P 8 6 Multiple-family dwellings P CU9 CU P P Woodburn Development Ordinance Section 2.03 Page 72 183 1. Not allowed in the Gateway Overlay District 2. Only allowed in the Gateway Overlay District 3. Allowed outright if not within 200 feet of residentially zoned properties 4. Within a building, no outdoor storage or repair 5. All outdoor storage and display shall be enclosed by a seven foot masonry wall. 6. Existing uses are allowed as a permitted use, new uses are not allowed in the MUV 7. Drive-throughs are not allowed 8. Child care facility for 13 or more children, group home for six or more persons 9. Except allowed as a permitted use in the Gateway Overlay District and prohibited in the Interchange Management Area Overlay District(Amended by Ordinance 2573,passed June 24, 2019) Woodburn Development Ordinance Section 2.03 Page 73 184 2.04 Industrial and Public Zones A. The City of Woodburn is divided into the following industrial and public zones: 1. The Light Industrial (IL) zone, which is intended for industrial activities that include land-intensive activities; 2. The Industrial Park (IP) zone, which is intended for light industrial activities in apark- like setting; 3. The Public and Semi-Public(P/SP) zone, which is intended for public uses,parks, schools and cemeteries. 4. The Southwest Industrial Reserve (SWIR), which is intended for employment and industries identified in the 2016 Target Industry Analysis; B. Approval Types (Table 2.04A) 1. Accessory Uses (A) are allowed outright, subject to the general standards of this Ordinance. 2. Conditional Uses (CU) may be allowed, subject to the general development standards of this Ordinance and conditions of Conditional Use approval. 3. Permitted Uses (P) are allowed outright, subject to the general development standards of this Ordinance. 4. Special Permitted Uses (S) are allowed outright, subject to the general development standards and the special development standards of Section 2.07. 5. Specific Conditional Uses (SCU) may be allowed, subject to the general development standards of this Ordinance, the specific standards of Section 2.08, and conditions of Conditional Use approval. Uses Allowed in Industrial Zones Table 2.04A Use Zone Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) IL IP P/SP SWIR Special Permitted Uses(S) Specific Conditional Uses(SCU) A I Civic Uses 1 I Golf driving range P P CU 2 Parks,play grounds and associated activities, golf courses P without a driving range 3 Public administration, aquatic facilities, fire protection, p p CU P government and public utility buildings and storage yards Woodburn Development Ordinance Chapter 2.04 Page 83 185 Uses Allowed in Industrial Zones Table 2.04A Use Zone Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) IL IP P/SP SWIR Special Permitted Uses(S) Specific Conditional Uses(SCU) 4 Rights-of-way, easements and improvements for streets, water, sanitary sewer, gas, oil, electric and communication lines, P P P P stormwater facilities and pump stations. 5 Trade schools P P CU CU B Commercial Retail and Services 1 Ambulance service P P 2 Automotive maintenance and gasoline stations, including P P repair services 3 Business services P P 4 Contractors: f Flooring and roofing g. Equipment and machinery P P P h. Glass and glazing i. Masonry, drywall, insulation and tile contractors j. Other types of contractors 5 Delivery services S S S S 6 Fitness and recreational sports P P P 7. Food...cartsatid lood cart:... ?ds.. 7 Hospitals and ancillary uses P CU P 9 8Y, Mobile Wood Sservices S S S JQ91 Restaurants and drinking places P P P 1 I Marijuana dispensaries S S C Industrial 1 Auction houses, except livestock and poultry sales CU 2 Automotive wrecking yards CU 3 Charter buses, special needs transportation, transit system, P P school transportation, limousine service and taxi service 4 Chemical manufacturing CU CU CU 5 Distribution and E-commerce including; wholesale trade, farm P P P supplies and merchant wholesalers,packaging and labeling services. 6 Recycling center CU CU CU 7 Asphalt or Portland cement concrete batch plant CU CU 8 Commercial and industrial equipment repair, transit and P CU CU ground transportation Woodburn Development Ordinance Section 2.04 Page 84 186 Uses Allowed in Industrial Zones Table 2.04A Use Zone Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) IL Ip p/SP SWIR Special Permitted Uses(S) Specific Conditional Uses(SCU) 9 Electronic and other electrical equipment and components, including manufacturing machinery, apparatus, and supplies for the generation, storage, transmission, transformation, and utilization of electrical energy; electricity distribution equipment; electrical industrial apparatus; household P P P appliances; electrical lighting and wiring equipment; radio and television receiving equipment; communications equipment; electronic components and accessories; and other electrical equipment and supplies 10 Fabricated metal products, including fabricating ferrous and non-ferrous metal products such as metal cans, tin ware, hand tools, cutlery, general hardware, non-electric heating CU CU P apparatus, fabricated structural metal products, metal forgings, metal stampings, and metal and wire products I I Industrial and commercial machinery and computer equipment, including engines and turbines; farm and garden machinery; construction, mining, and oil field machinery; elevators and conveying equipment; hoists, cranes, monorails, trucks and tractors; metalworking machinery; special industry P P P machinery; general industrial machinery; computer and peripheral equipment, computer, semiconductor, laboratory instrument, and office machinery, manufacturing; refrigeration and service industry machinery manufacturing 12 Heavy equipment and motor vehicle sales: e. Manufactured home dealers f. Motor vehicle and parts dealers, including new cars, used cars, recreational vehicles, motorcycles, boats,parts and tire dealers S S g. Truck dealers, including new trucks, used trucks,parts and tire dealers h. Tractor and farm machinery and equipment dealers i. Farm, garden and landscaping supplies Woodburn Development Ordinance Section 2.04 Page 85 187 Uses Allowed in Industrial Zones Table 2.04A Use Zone Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) IL, Ip p/SP SWIR Special Permitted Uses(S) Specific Conditional Uses(SCU) 13 Manufacturing: a. Apparel manufacturing b. Beverage, food and tobacco c. Furniture and related products d. Leather and allied products P P P e. Paper, limited to assembly f. Metal product manufacturing g. Miscellaneous manufacturing h. Plastics and rubber i. Textile products 14 Motor freight transportation and warehousing, including local or long-distance trucking or transfer services, storage of farm P P P products, furniture and other household goods, commercial goods, and mini-storage 15 Non-depository credit institutions engaged in extending credit P P in the form of loans, but not engaged in deposit banking 16 Paper manufacturing CU 17 Parking lots and garages P P 18 Petroleum and coal products manufacturing with all storage CU underground 19 Printing,publishing, and allied industries p p p 20 Professional services including software publishers P P 21 Stone, clay, glass, and concrete products including manufacturing flat glass, other glass products, cement, structural clay products,pottery, concrete and gypsum P products, cut stone, abrasive and asbestos products, and other products from materials taken principally from the earth in the form of stone, clay, and sand 22 Telecommunication facilities subject to Section 2.08.03 SCU SCU SCU 23 Wholesale trade in durable and non-durable goods P P P 24 Wood product manufacturing P P P D I Miscellaneous 1 Facilities during construction S S S S 2 Fence or free-standing wall A A A A Woodburn Development Ordinance Section 2.04 Page 86 188 Uses Allowed in Industrial Zones Table 2.04A Use Zone Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) IL, Ip p/SP SWIR Special Permitted Uses(S) Specific Conditional Uses(SCU) 3 1 effl' aFffY.""Eaa4dEE'EET aaFlie( Eid.."aaaid sE5pecial eventE, Arts a fid e afls adid 4EaveFctge 4i lud.4E a °':°aagEa 1E:)'Ead sanF°vaaa",„s nlaa'la a iaalls S S S S E aaasenwiat Fides co:�d gaa aa;ai a 6,44eFtaal'E'aulleill Via. iyn Haase iaaidas'e Eai:sei:�V'aa a, "v� a�E"-'E`ExiEtiEE'E1:y k'E aa' a1C11aa1',y., pExiTRliaaEwElt use E'E ,fliE", pr'E'EPE",rt': ., E�E'E1 aadEa^t'ed 1ty aa' 4Eay��eS Eat1' �m�' alaala �r� ta�a�. ��.� �an�. aa�iaa E Residential 1 One dwelling unit in conjunction with an industrial use P P P P C. Development Standards (Tables 2.04B-E) Light Industrial (IL) - Site Development Standards Table 2.0413 Lot Area, Minimum(square feet) No minimum Lot Width, Minimum (feet) No minimum Lot Depth, Minimum (feet) No minimum Street Frontage, Minimum(feet) No minimum Front Setback and Setback Abutting a Street, Minimum(feet) lot Side or Rear Abutting P/SP zone or a residential zone or use 30 Setback, Minimum (feet) Abutting a commercial or industrial zone 0 or 5 2 Setback to a private access easement, Minimum (feet) 5 Lot Coverage, Maximum Not specified 3 Building Height, Primary or accessory structure 70 Maximum (feet) Features not used for habitation 100 1. Measured from the Street Widening Setback (Section 3.03.02), if any. 2. A building may be constructed at the property line, or shall be set back at least five feet. 3. Lot coverage is limited by setbacks, off-street parking, and landscaping requirements. Woodburn Development Ordinance Section 2.04 Page 87 189 2.07 Special Uses Special Permitted Uses are allowed outright, but are subject to additional requirements designed to ensure their compatibility with, or mitigate their impact on, surrounding (usually residential) development. 2.07.01 General Provisions 2.07.02 Boat, Recreational and Vehicle Storage Pad 2.07.03 Common Boat, Recreational and Vehicle Storage Area 2.07.04 Community Club Buildings and Facilities 2.07.05 Craft Industries 2.07.06 Delivery Services 2.07.07 [Struck] 2.07.08 Facilities During Construction 2.07.09 Golf Courses 2.07.10 Home Occupations 2.07.11 House of Worship 2.07.12 Industrial Sales 2.07.13 Manufactured Dwelling Park(MDP) 2.07.14 Manufactured Dwelling on a Lot 2.07.15 Mobile Food Services 2.07.16 Residential Sales Office 2.07.17 e )Fay (4, dk�k)r 1 4.a,Flie 4ig a id.Special Events 2.07.18 Temporary Residential Sales 2.07.19 Marijuana Dispensaries 2.07.20 Accessory Dwelling Units .. �2.07.22 Cottage Cluster rd (.,arts ..Food:...(.,art P.od`::. 2,07.01 General Provisions A. Application 1. Special uses are subject to specific development standards. These standards are non-discretionary, so special review of a proposed development is not required. The standards contained in this Section apply to Special Uses. 2. The standards contained in this Section may be modified through the Conditional Use process. B. Development Requirements Unless specifically modified by the provisions of this Section, special uses are also subject to the development requirements of the underlying zone. Where the special use standard imposes a more restrictive standard, the special use standard shall apply. Woodburn Development Ordinance Chapter 2.07 Page 111 190 required of single-family dwellings constructed under the State Building Code, as defined in ORS Chapter 455. 2.07.15 Mobile Food Servicels'', A. The iiiobfle food sely'�� gwator �fliafl c0iiiplywifli afl applicable (..,ity,, Wg�?dbgr�fl Eire. D ism c!, Majoil (:_',(RHity, ,HId Stateag�flay pa,miittitigaild IM',1141lig LeW,Iireiiieiits, Periiii(s, ufliafl be pl(WIly i]]aititaitied atid retiewed,use s�lall 4e liiiiited tk) the ffe aFatk-)ai a�&k,-)F sale at:�d I-)eveFagei as vkflliele (,-)F tfaileFu B. Business Operations, L Yiafl tiot reiiiaiti at otie sto 1) as l n�212g L�R.Ite Im iiiore fliati fbt..ir �iot..irs, AH gggdIs teiM?nELy I'acflities, , i d sigflu ua�]afl be reiiioyed prior to departitig aaadl stop, 4-.2. Shall not be conducted within public rights-of-way, -20. Shall be conducted on private property with the written consent of the property owner atid �fliafl tiot NII od< driveways,, etitr(itices,, or pafl<itlgaisles, G The Wik� syall a*,)t 44-w1i dFive"'OayS; e,ItFa lees ()F Fxir`441�EtiSleSr D:� I'lle I-Yase (,-4, li-)F Ii-xA skxFviee �dlall I-w insider flie 4 d istFial Use 41 HsideLh16al li,-)F the PfeFhfRftk-)H; E)F 4k")FageaFea 1'(,-)F iiik,-4,41e Ii,-)k,-)d se Fviee ut:�its is pF(,-)bi4-)4ed7 2,07.16 Residential Sales Office A. The office shall be located on a lot within a subdivision or planned development, or on a space within a manufactured dwelling park. B. The principal use of the office shall be the sale of lots, renting of spaces, or the sale of dwellings or manufactured dwellings on lots or spaces within the development. C. The office shall have a finished exterior and the site must be landscaped. D. Business shall be conducted between 8:00 a.m. to 8:00 p.m. 2,07.17 ym of,5mial F Ve � �Ilts L Sitlgle [",ye tit-I Ati evetit wifli as iiiaxiiiit..iiii da..iratioii of'ffiree cotiseciltive days" I Reg..irritig LI'yeiit:-I Ati evetit wifli a iiiaxiiiiijiii d�..iratioii of'oile day WE IMlidi iilay. recgr 1'(2r gj) to 36 coiisect..itive wed<s, I Seasotial F"vetit; Ati evetit wifli a iiiaxiiiit..iiii d�..iratioii of'30 cotiseciitive day�, &asoiiaj evetitsare Iiiiii(ed to two p�',r caletidar y�,(ir pe,r site, A.B. Permitted Uses 1. Seasonal sales of'��xaml)�es 4idg(je fireworks, Christmas trees,produce or plant materials, et:c,):,, 2. Amusement rides, atud games, atid offier fbmis of'etitertaiiiiiietit, 3. fl�i.eFtatinme i�.(.)I'I'(,ritili, e?I'iiierdiaiidise or services, A p�,miitted4� iiy iiFt� is Sle A dspiiseo d Oe ef e Fd Woodburn Development Ordinance Chapter 2.07 Page 119 191 (I sillgl� or rect.gritig t' 1 ot as a seasolial evelit, 475, M, riiII, i a d' t(d s carry typ� evetit,1 , i. 4i4lgle evkxt:�ts sliall I-w lii-iiited t(,-) a nia)iii-mini olainttk-*� (,-4'fliFk1e e("*�skmitivkx days3 is all temFx,')F'tFy I'aeilities a�id sig�ls Hilik'-wed "'Oifll4l 24 (,-A,ek-)s4lg tile last day (,-4,kx(101 evkxt:at7 2 Ree�"IFF41g kxvkxt:ts sliall I-xx lil-Ilited t(,-) a dsinttk-sus (,-44-*w day3 wifli allg(,-xAs� tefflFX')R'FY I" eilities a�id sig�ls Hillk.-wed o,,oith4i 24 hk'-)�iFs (,-4,ea0l eveH6 I illay. Ri0eekif Oflee PeF weeli 1'(,-)F a i-iia)Eii-mini (,-436weelis7 sales shall be liiiiited 4') tw(") eveHtS3 "'0411 ea0l eveslt aIk"A eskeeed4lg flla�l 30 e(.-*aseeative da 471 Events shall only be conducted between the hours of 8:00 a.m. and midnight. 572, The evetikise shall not block driveways, entrances, or parking aisles. 6733 The required parking for all other uses of the property shall not be diminished below that required by this ordinance (Section 3.05). ;4, The evetikise shall conform to all setback standards for the qpplicable.zone. &5� evetit tine rator s�iafl, a. I I W eve�it valid SWWal Fyetit Pemiit for eac i evelit- 2 4 S�iall pi,-)ssess as valid speeial evkxt:�t pen-114 li-)F kx(101 kxvkxt:�t�' 1), 8 iall bBe responsible for compliance with use standards, crowd and traffic control, and for sanitation, including rest rooms, waste disposal, and cleanup:; aiidu c. ReIllove 'dl gg2� fllcflitics�' atid sigfl� wiffiiii 24 biot.gS of'cl(Lollg gg flie last day gf'ffie evetit. For rect.gritig, a Velitu4' tlju4 recVjireiiiellt applies to eac] rect.gretice, 9766 The operator of a special eyeiitaise shall possess valid certification of compliance for all applicable health, sanitation., and safety standards of the City and other applicable jurisdictions. 4T Flie tk1nip(,-)ntFy sSpecial events shall not be located within a public right-of-way unless authorized by the appropriate jurisdiction(City of Woodburn,Marion County, or the Oregon Department of Transportation). 14, (:.."ity-spotisored SWWal F"yetits oti (:..Jty--a?,AjRd pI(WItyare trot. Iaw.nred to obtaiii a Spear°ial F,veiit CL.E.Existing businesses with outdoor product display areas are not required to obtain a Uenip(,-)FaFy (Nitd(,-)(,-)F N4,trlietiiigat:�d Special Event: permit, but are limited to thefollowing: 1. Products sold within the primary building; 2. Covering no more than ten percent of the gross square footage of the buildings on the property; Woodburn Development Ordinance Chapter 2.07 Page 120 192 3. Retaining a minimum of four feet for pedestrian clearance along any adjacent walkway. 2.07.18 Temnorary Residential Sales A. Permitted Uses 1. Produce and plant materials grown on the subject property 2. Estate, garage and yard sales 3. Crafts and other hobby items B. Number of Sales per Year 1. Estate, garage, yard, craft and hobby sales a. The number of sales, in any combination, conducted at the same site, shall not exceed three in any calendar year. b. The duration of each sale period shall not exceed three consecutive days. 2. A sale of produce and plant materials grown on-site shall be limited to one event,no longer than 60 days in duration. C. Sales shall be conducted between the hours of 8:00 a.m. and 8:00 p.m. D. All signs shall be taken down the day the sale ends. Woodburn Development Ordinance Chapter 2.07 Page 121 193 (1) Off-street parking spaces and vehicle maneuvering areas shall not be located: (a) Within 20 feet of any street property line; (b) Between a street property line and the front facade of cottages located closest to the street property line. (2) Off-street parking spaces shall not be located within 5 feet of any other property line, excepting property lines along alleys or shared rear lanes. Driveways and drive aisles shall not be located within 5 feet of other property lines except(A) along alleys or shared rear lanes or(B) Section 3.04 requires to adjoin such property lines to meet cross access or shared access standards. c. Screening. Landscaping, fencing, or walls minimum 3 feet high, shall separate pooled parking or shared parking areas and parking structures from common courtyards and public streets. d. Garages and carports. (1) Garages and carports (whether shared or individual) shall not abut common courtyards. (2) Individual attached garages up to 200 square feet shall be exempt from the calculation of maximum building footprint for cottages. (3) Individual detached garages shall be maximum 400 square feet GFA. (4) Garage doors for attached and detached individual garages shall be maximum 20 feet in width. 7. Accessory Structures. Accessory structures shall be maximum 400 square feet GFA. 8. Existing Structures. On a lot or parcel to be used for a cottage cluster project, an existing detached single family dwelling on the same lot at the time of proposed development of the cottage cluster may remain within the cottage cluster project area if the development meets the following provisions: a. The existing dwelling may be nonconforming with the WDO as Section 1.04 allows. b. The existing dwelling may be expanded up to the maximum height or the maximum building footprint per this Section 2.07.21; however, existing dwellings that exceed the maximum height and/or footprint per Chapters 1.04 and 2.02 shall not expand. c. The GFA of the existing dwelling shall not count towards the maximum average GFA of a cottage cluster. d. The existing dwelling shall be excluded from the calculation of orientation toward the common courtyard. 2i17 :�2 I�"rrrrcaV ��"am.�wts ; I�"rrrrtaV ��"�mrt llll�rriaVs I uns section is nttetide �:.to est.abfif di deyelopiiigit, st.a ti ar s Im loo ...cartsatid lood cart.... ?dr i to ��t G: � rr r�ll�� arr� uw`wa�� ar�l�tarr�M a�l�M1� art rare ta�I��;;,M arl�M1�. rto �`w`w��,ra `wtr��'�t �rrr�l....ar�� arr... rr aa✓ura l�tG;w arl�M1� rrtr�� ,.. r°rrurt�: siten✓ur rrr a urara � rt �,ra deter e rlopiurrit. ... ` r lood cam 2r , ....�`��'� �...� arrtG;w.... Hie f.�'r rD1h/i„1��°� `wta�r]� arr .u�w...ar y..�rr �a�� '��'�.... carts rTlrrt rhr...t"liars afr... ➢ Eo artrrrur Sill l lood carts tart rr idiiur a,r frrrrd:...cart p2 arra .arf parr ed nur a fl r rrarrurra rr narl a tid Woodburn Development Ordinance Chapter 2.07 Page 128 194 itid�..istrial zoties as ail accessory A sitigl� food cart is martaflowed as il�iel art per pj0peE!ies utider die saiiie Hiere is a iiiaxiiiii.iiii of'otie siti1je 1`60d c, o t end-ill),, 2, Pejfljttiiig atid review-, A siti1je fbod cart tiot wid-iiii a food cart M? diafl fofloW die. Ilig , site I ypr' ll' I)(,�Jgfl 1��,view pLg��,d�..ire for obt,1112 1 P1,11] apm2yal, 3, Food carts udiafl coiUlywifli qH qpplicable (:..,ity,, Fire District,, Marioti. (..',ouiity, ,Md Stateageticy ,miittitigaiid reg!'stratioil rew,ulellielits, Periiii(satid, reli,istratiotis udiafl be properly aria ititaitied alld r(,11(,'A[(,d,. 4, Site devel(W]fl! qaiidards- a, Food carts atid accessory s(n.wq.ires udiafl iiiaititaiii as iiiiiiiiiiijill setbac o '5 I`eet rolil afl I)Lmr,ity anus`:a..:. efltEyices,, or parkitig b, Food carts atid accessory s(n.wq.ires �diafl tiot block dEiye�yq aisles�, arid dwy u hafl tint be located wid-iiii die Ripariati Area &. Wedatids QV May I ase a Iristrict (NI Sectioti 2,05,05B), a plIblic i.Aflity e, �111ellt (per Sectioti 3,02,01),, �?E, visioti clearatice area („pr,r Sectioti 3,03,06),, c Hie, food cart udiafl pEa?yide at jeast 50 sqtjare I`eet of'covered seatitig area, d, Restroonis dlafl be nmyided to satisfy �Mplicable State aml raL8j,!irernetqs, Portable restroo!ils ears nmbibited,, Hie PPI a le a c e, food cart �diafl pE�?yide adeqtjate rehjse cotitaitiers to sitisly q ic, b , St, t )rive-dirot..Igha, are prghibited,. B, Food Pods-, Hie foflowitig uitaiidards apply !a? food cart M?ds, I, Locatioti-I Food cart pg�� are aflowed iti afl coiiiiiiercial atid itid�..istrial zoties 'ui J)L!t2]alj or c1ccessory t,,ises, 2, alld review,, a, 0 A tiew to d cart M?d udiafl foflow die 'l yN II ])�e`jgfl I�eyiew pjocedujre for, a site P1,11] am2yIL I I q pLgpg�ied stnwq.ire exceeds die applicable, ffire�diold Im as '1'yN I�j Ireujjifl I�eyiew iti 5,03�O2�, dieti die review, diafl foflow die )esigfl itistead, L The expallsioll of'ail existitig, 1`60d cart M?d tar add iioii--stnjcq.iraI eleiiietits (wars as. parkitig stafls or food cart spM'S.) S�IIfl IOHOW ffie 'Typa, I I)esigfl 1�, view For tiew or expatided stn.whjres, die review udiafl itistead 1`61k)'Al die applicable ]�rsasigfl 1r"a,view pLgs s,dt..ire iti Volt..uiie at., c, Food cart udiqfl coiUly eyiffi qH applicabl(l, (,Jty., Ags?dbggi Fire I)istrict,, Marioti atid State ageticy ps,rliiqtiiig rs,W.ureiiieiits, Pemiits diafl be. pj0peLly iiiaititaitied atid retie wed,. d, Food cart pa?d as weH as eac i food cart said-iiii die pa?d, ua�jafl 1s,gister dwir busitieups es wid-i die (:.-',ity grwoodbt..irti, Reg!'stratioiis udiafl be pLgp rly iiiaititaitied atid retiewed, Woodburn Development Ordinance Chapter 2.07 Page 129 195 3, Site developDia D! `itaiidards- Statidards are diose ol'the appliclble zoiiiiig 411istrict, ilifless, I offierw ' d ise �Tecilie beIow- a, y Food carts atid accessor stnwh..ires iafl iiiaititaiii as setback of'5 I'eet I'roiii afl pjgp�qy filles, b, Food carts atid acces'i ry stnwh..ires udiafl tint be located wid-iiii die Ripariati Area �9 Wedatids Qyerlay District (NI Sectioti 2,05,05B),, a plIblic i.Aflity �aselllellt Sectioti 3102,0 11, err I Visioll clearciticear(la (p�,r Sectioti 3,03,06),, c, Food carts udiafl be separated froiii eac�i offier by at least 4 d, Food cart uipaces udiafl tiot exceed die fbflowitig diiiietisioils- MqxiiiiiIiii jetig!h is 26 Maxiiiii.iiii widd-i is 10 I'eet, Q) MqxiiiiiIiii �eight is 15 e, Food carts udiafl be sited eiltirely gg as paved st..irflice atid orietited iti as iii,11111er sl..Ica] diat die operatioti does tiot block or itfl-iibit t..ise of'q pjIblic sidewalk or street, (.."oI11111oll u4(,atillg area udiafl be rovided to ser e d e pg� atid total a iiiiiiiiiiuIll area 1) � V I �?1'50 �gare I'eet p�,r food cart, Seatitig, areas �diafl be ADA-coiiipliatit atid at jeast 501%) of'tba, s(,(i6iIg area udiafl be covered or udwltered Iroiii raiti, gu �jr pa?d udiqfl provide for ititerthil pada,striaii cirg.flatioii to afl food carts atid. ct..istoiiier wiwiiities ffirot..igh as paved walkway diat is ADA-coiiipliaiit atid at as 5 I'eet wide� �-i, Restrooiiis sbafl be pLgyided to satisf� anplicable State atid p�,rfliiujiig, ia,Wjllelllellts. Portable restrooilis ar(I pjo jbited,. i, Reh..ise cotitaitiers `diafl be p!:gyid(,d to satisf anplicable State atid (:-',ouiity ra,Wureiiietits, 4, S!i(,a! Food cart pg u�]afl pLgyide die fofloWitig `itreet I'roiltagar iij]pjoveiiwiits Im eac i Iroiitaji,a, abiIttitig tjjre site, a, I)edicate righ!-gfeyay pa,r 3,01:; b, Gratit a street�jde plIblic g(flity�,aseiiwiit Wj 3,02,01 B & F;. c, (..,oiistn..ict ati ADA-coilipliatit sidewalk at as 6 is Aiid(,,, or pay as is a our aaa ai:..ga,r 1011 Z; atid d, I'latit street trees pa 3,06,03A,, or pay as pa,r 4,02,12, 5, Utflities-I AH tjtflities servitig, as fbod cart pa?d a hafl be giidergjQgfld year Saction 3,02�04(-', Atiy pj,!hfic utflity litie crui`dgg !birot..igh pLivate p!r2pa,rty `diafl be covered by q PlIblic g(flity easeiiietit iti cotiforiiiatice Wid-i Sectioti 3,02,01 as qi2itily �y�,r cotitiectiotis are r(,W,!ir(,d for eac�i food cart, M111licipal water atid s Wid-iiii as fbod cart pa?d, Utflity uieryices udiafl ter iiiiiiate iii teiM?Eary cotitiectioti asse iiiblies, siiiiikir to diose t..ised iti recreatiotial v(diicle (!�Y) parks, L A pa?%Aier cotitiectioil is reqgired for eac i food cart, Qt --site grfl! ,rators are pLg jbited, Woodburn Development Ordinance Chapter 2.07 Page 130 196 c, NatUr,11 gas Collin r tiro s are aflowed, AH iiat,iral gas cotitiectiotis udiafl i-iiaititaiii Wid] lPPjiClbb,, Sal'(Ay Eagjjlatioiisat afl tiiiws� ljqgified P�!101a�11D] gas as PLgPq1h, ('112ks) ,ire pLg�jbited, d. Qti--site storgiwaterdeteii tioti udiaj q be PI wided, 6, Access-, Food cart p2� `a Tara pLgyide-,. a. V(diict.flar access iii cotil'orl-iiatice wid-i Table 3,04A atid Sectioti 3,04,04, Access udiot.fld be Iii-iii(ed to a �dl gj� djiV(I%A1,lY� E�2L 1�2!S Wid-i i iultipl�, street frotita (,`, acce ss �diot.fld occt..ir via die lower classificatioti of'street, A paved walkway ��212iiectioii at least 6 wide �diafl cotitiect die ititemal, p�d�,striaii cirg.flatioti walkway atid die plIblic sidewalk alotig, raac] fl-oiitag , t.,ortier 1a2!`a LiLly ill it(,(ld pLgyide as siilgl paved Walk%Allyraruiuii rtiaruiat least 8 wide at die corgei, Warms way`i D]ay b gated, c, I)rive--ffirot..ighua ar(I pLg jbited, 7, Tnjt)uTortatioii ililpaaii 111 ,p1ovisiotis wid-iiii Sectioti 3,04,05 ar(, applicable to food. cart 8, Parkitig-, Th�,p1ovisiotis 3,05 ar(I applicable to food cart MA4,, excep!, a� Screeiiiiig 21'a parkitig area abi.Atitig as street iiiay mi !idi Sectioti 3,05,021)4, !hE�?ggh Iqt)dscqpii)g platiters,, 1`60d cart, placeilwilt, alld/or o1j(door uieatiilg areas, b, Walkway �Lg��oiMi of'drive aisles Illay !!!iHz(,paitited crosswalk �qripjgg !g, coil lorl-ii wid-i Sectiotis 3,04,061) atid 3,05,02N� pakit rig statidards (T able 3,05(-', atid Sectioti 3,05,0311) are tiot, applicable, d, A i-iiiiiii-iigni of' I bicyaa°li, parkilig stamp is r(,W,!ir(,d p r food cart, Hie, �!aiidard (&ctioti 3,05,06(:-',6) is tl(?( rew.ured, 9, 1 tidsca it g- jji� g�fl�,rcd laildsca it g L�j,jireiiwiits iii Sectioti 3,06,02 are app li cable, Food cart M?ds udiafl provide a iiiiiiiiiit..uii of 10 Plailt Uiiits pixij food cart oti-site,. Reqt..iired laiidscal)igg iiiaiy aii Pi,rfliaiieiitly plqgted iii dic gjogg 21 platited wid-iiii decorcitive platiters, Platiters udiafl eac be at least 25 gaflotis, Plat it t.niit valijes are ot..itliiied wid-iiii Table 3,06B,, excefit !b]at a 25-lgafloil plailter p!:2yides I Platit uiiit�, a 50- gafloil plailt(,r provides 2 Platit Uiiits�, atid so oil,. 10, SMxi(1111119, a, A wafl or I'ellce 111(le(IIIII, die statidards ot..itliiied wid-iiii 2,06,02 is 1(,(Bjjred alotig aily 12! lime ablittitig as residetitiaH tie gp�--z d pL ,rty, Y 2 , b, (.,oi-imioii reh..ise coflectioti flicflities �diafl be eticlosed b(dliiid a 1'etice or wafl ail be gated, Hie 1'etice or wafl `diafl be betweeii 6 atid 7 tafl, 11, SigDagi -, Ea?20 r art M?d uiigDag udiafl iiwet die statidards wit-iiii 3,10 atid (?btqII) Paxi11111ts. cis rugir�d by 5�L!ioii 5,0 LI 0, hidivid�.!ql sigfl� attac�wd to a food cart are ilot regs.6red, t(2 (?huti as WEiiiq rioweyer dwy uihqfl tiot be legible fl-oili a plIblic street atid dwy udiaj[ got exteild iiiore di 3 above die roof'of'die cart, -47711 FI'xterior lightitig-, Hie exterior lighting MOVISIMIs 11 ar(I applicable to. f'ood cart Woodburn Development Ordinance Chapter 2.07 Page 131 197 3.05 Off-Street Parking and Loading The purpose of this Section is to identify the requirements for off-street parking and loading facilities. Well-designed parking facilities improve vehicular and pedestrian safety,promote economic activity, enhance the driving public's experience,promote cycling, carpooling, vanpooling, and per electric vehicles, allow persons walking, cycling, and rolling along to pass along or through parking areas in comfort and dignity, and to implement Woodburn Comprehensive Plan policies. With appropriate landscaping and storm water design,parking areas can also mitigate the environmental impacts of development and reduce the urban heat island effect. 3.05.01 Applicability 3.05.02 General Provisions 3.05.03 Off-Street Parking 3.05.04 Off-Street Loading &Unloading 3.05.05 Shared Parking 3.05.06 Bicycle Parking Standards 3.05.01 Applicability The provisions of this Section shall apply to the following types of development: A. All requirements and standards of Section 3.05 shall apply to any new building or structure constructed after the effective date of the Woodburn Development Ordinance(WDO). B. Any additional parking or loading required to accommodate a change in use, or expansion of an existing use, shall conform to all parking, loading and landscaping standards of the WDO. 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. C. When calculations for determining the number of required off-street parking spaces results in a fractional space, any fraction of a space less than one-half shall be disregarded, and a fraction of one-half or greater shall be counted as one full space. Woodburn Development Ordinance Chapter 3.05 Page 186 198 Off-Street Parking Ratio Standards Table 3.05A Use Parking Ratio - spaces per activity unit or square feet of gross floor area RESIDENTIAL Ia. Single-family dwellings (houses), including 2/dwelling unit manufactured homes, and multiple-family dwellings lb. Duplexes, triplexes, quadplexes, 4 townhouses, and cottage clusters 1/dwelling unit 2. Rooming/boarding house, hotel,motel, and 2 parking spaces + 1/guest room other traveler accommodations 3. Group Home or Group Care Facility 0.75/living unit COMMERCIAL/PUBLIC 4. General indoor recreation 1/200 square feet 5. Food and drinking places 1/200 square feet 6. Motor vehicle service 1/200 retail area+ 3/ service bay+ 1/ pump island 7. General retail sales (such as food and beverages, clothing, sporting goods,health and personal care items, and motor vehicle parts) 8. Photo finishing 1/250 square feet 9. Ambulatory health services (such as doctors, dentists, optometrists, and chiropractors) 10. Postal service 11. Limited-service eating place 12. Offices (such as professional, scientific and technical services, finance and insurance, real estate, administrative and support services, 1/350 square feet social assistance, and public administration— but not including ambulatory health services) Greater of: 13. Personal services 1/350 square feet; or 2/ service chair or room 14. Libraries 1/400 square feet 15. Outdoor sales and service of bulky 1/400 square feet of structure+ 1/20,000 merchandise (such as motor vehicles, farm square feet of outdoor display area equipment, and manufactured dwellings) 16. General repair and service (such as electronic and precision equipment, leather goods, 1/500 square feet laundry and dry cleaning equipment) Woodburn Development Ordinance Chapter 3.05 Page 190 199 17. Printing and related support activities Greater of 1/700 square feet or l/ 18. Mail order house employee 19. Fabricated metal products manufacturing 20. Commercial and industrial equipment repair Greater of 1/ 800 square feet or 1/ 21. Craft industries employee 22. Commercial bakery 23. Indoor sales and service of bulky merchandise (such as furniture, appliances, and building 1/900 square feet materials) 1/ 1,000 square feet of outside event space 24. Temporary outdoor marketing and special plus, no reduction from primary zoning for events other uses. 25. Delivery services One space per delivery vehicle plus one space per employee per shift. 26. Food:..cart F(.-)(.-)d Sefviee p� r cart1. ➢/ 00 sW,!a�re 1'e t of bi..i diti p.. area 27. Home occupation No reduction from dwelling requirement is 28. Residential sales office allowed. 29. Temporary residential sales 30. Contractors 2 parking spaces + 1/employee 31. Parks and playgrounds Minimum of other uses requiring parking 32. Urban transit system, interurban and rural transit, taxi service, limousine service, school 1/vehicle plus 1/employee transportation, charter bus service, special needs transportation, motor vehicle towing 33. Hospital 1.51 bed 34. Meeting facilities (such as house of worship, auditorium, motion picture theater, arena, funeral home, and lodge hall) One space per 4 occupants, as established 35. Museum and historic sites by the building code 36. Community center 37. Community club building and facilities 38. Bowling center 2/lane 39. Golf course 4/tee 40. Court games (tennis, handball, racquetball) 3/court+ 1/4 feet of bench 41. Day care 2/caregiver 42. Elementary or middle school 2/classroom 43. High school 1/unit of capacity for 6 students 44. Community college, college, business school, trade school, technical school, other 1/unit of capacity for 4 students instruction(including dance, driving and language) Woodburn Development Ordinance Chapter 3.05 Page 191 200 45. Play or ball field Greater of: 151 field or 1/ 8 feet of bench 46. Government and public utility buildings and Greater of: structures 2 or one per employee at location 47. Cemetery 10 plus one per acre INDUSTRIAL 48. Wholesale trade 1/700 retail square feet+ 1/ 1,000 49. Motor vehicle wrecking yard wholesale square feet 50. Manufacturing Greater of: 1/ 800 square feet(0 to 49,999 square 51. Stone, clay, glass and concrete products a. et) . feet) 52. Fabricated metal products, except machinery b f63 e plus 1/ 1,000 square feet over 50,000 53. Electronic and other electrical equipment and (50,000 to 99,999 square feet) components, except computer equipment C. 113 plus 1/2,000 square feet over 54. Transportation equipment 100,000 (100,000 square feet or more) or 1/ employee 55. Warehousing Greater of: 56. Motor freight transportation and warehousing a. 1/5000 square feet(0 to 49,999 square 57. Truck transportation feet) 58. Support activities for rail transportation b. 10 plus 1/ 10,000 square feet over 59. Wholesale trade— durable goods 50,000 (50,000 to 99,999 square feet) 60. Wholesale trade—Non-durable goods c. 15 plus 1/ 15,000 square feet over 61. Recycling centers 100,000 (100,000 square feet or more) 62. Asphalt or cement batch plants or 1/ employee 63. Agricultural practices Exempt from the parking requirements 64. Telecommunication facilities 65. Transit ground transportation 1 transit vehicle space per transit vehicle plus 1/employee 66. Freight transportation arrangement 1/employee 67. Self storage 1/6 storage units, maximum of 6 spaces 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. 2. There is no required parking ratio in the DDC zone per Section 3.07.07B.12. 3. See Tables 3.05C & E for minimum carpool/vanpool and electric vehicle parking and Table 3.05D for minimum bicycle parking. 4. In compliance with OAR 660-046-0220(2)(e). Woodburn Development Ordinance Chapter 3.05 Page 192 201 3.07 Architectural Design The purpose of this Section is to set forth the standards and guidelines relating to the architectural design of buildings in Woodburn. Design standards can promote aesthetically pleasing architecture, increase property values, visually integrate neighborhoods, and enhance the quiet enjoyment of private property. 3.07.01 Applicability of Architectural Design Standards and Guidelines 3.07.02 Single Family, Manufactured Dwellings, & Dwellings Other Than Multiple-Family ("Middle Housing") on Individual Lots 3.07.03 [Struck] 3.07.04 Dwellings in the Neighborhood Conservation Overlay District(NCOD) 3.07.05 Standards for Medium Density Residential Buildings 3.07.06 Standards for Non-Residential Structures in Residential, Commercial and Public/Semi Public Zones 3.07.07 Downtown Development and Conservation Zone 3.07.08 Mixed Use Village Zone 3.07.09 Nodal Neighborhood Commercial Zone 3.07.10 Industrial Zones 3.07.01 Applicability of Architectural Design Standards and Guidelines A. For a Type I review, the criteria of this Section shall be read as "shall" and shall be applied as standards. For a Type 11 or III review, the criteria of this Section shall be read as "should" and shall be applied as guidelines. B. The following are exempt from the provisions of this Section: 1. Any single-family, duplex, or manufactured dwelling that existed prior to October, 2005, except such dwellings located within the Neighborhood Conservation Overlay District(NCOD). 2. New dwellings in Manufactured Dwelling Parks containing more than three acres. 3.07.02 Single-Family Dwellings. Manufactured Dwellings. & Dwellings Other Than Multiple-Family ("Middle Housing") on Individual Lots A. Applicability This Section shall apply to all new single-family dwellings, dwellings other than multiple- family, and manufactured dwellings on individual lots. It shall apply also to subdivisions and Planned Unit Developments approved on or before August 12, 2013. Manufactured dwellings have different standards for roofing; otherwise, all standards in this Section apply to manufactured dwellings. B. Minimum Requirements Woodburn Development Ordinance Chapter 3.07 Page 232 202 3.07.07 Downtown Development and Conservation (DDC1 Zone A. Applicability The purpose of these development standards is to guide the design of buildings constructed in the Downtown Development and Conservation (DDC) zoning district to ensure that, through appropriate use of facades, windows, building orientation, and architectural details, new structures and alterations of existing structures are physically and visually compatible with other buildings within the downtown business district. The majority of the existing buildings in downtown Woodburn reflect architectural styles that were popular during the late nineteenth and early twentieth century. 1. The provisions of this ordinance shall apply to the following activities within the DDC: a. All new building construction; b. New construction, restorations, and remodels. Restorations shall be defined as all exterior repairs, replacement of materials, alterations or changes, including reroofing,painting, window, and sign replacement, as well as any exterior building or site modification that requires a building permit; c. All new signage. 2. This ordinance shall not apply to the following activities or uses: a. Maintenance of the exterior of an existing structure, such as reroofing, residing, or repainting where similar materials and colors are used that comply with this ordinance; b. Interior remodeling; c. Single-family detached dwellings; d. Single-family dwellings that are used for businesses or home occupations. 3. This ordinance shall apply only to those portions of a building or sign that are proposed for construction or modification, and shall not extend to other elements of the building or sign that may be out of compliance with the requirements of this ordinance (i.e., a permit to replace a single window shall not require that all other windows on the building that may be out of compliance with this ordinance to be replaced, unless such action is initiated by the property owner). However, if a building should be destroyed due to fire, accident, or an act of God, the new or replacement structure shall be rebuilt to conform to the requirements of this ordinance. 4. At the time of application, the applicant shall choose whether the Design Review shall be conducted as a Type I, II, or III review (Section 5.01, 5.02, 5.03). For a Type I review, the criteria of this Section shall be read as "shall" and shall be applied as standards. For a Type 11 or III review, the criteria of this Section shall be read as "should" and shall be applied as guidelines. B. Design Guidelines or Standards Standards for new construction shall require builders to conform to the architectural form of Woodburn's historic period (1880's through 1940's). As such, new construction shall conform to the following standards listed below. The following list of buildings is provided as a reference guide to those buildings which display characteristics intended by the standards. Woodburn Development Ordinance Chapter 3.07 Page 250 203 C. External Storage of Merchandise The external storage of merchandise or materials, directly or indirectly related to a business, is prohibited. D. Outdoor Displays of Merchandise Outdoor displays of merchandise are permitted during business hours only, are II III Ited !.? pjodujcts sold iffiiii flee araInq niig,, and shall not exceed ten percent of the total itido or retail sales area. Displays of merchandise on public sidewalks araarrarr !ha, stor;a aroii! may.. not reduce usable walking area widths to less than four feet. E. Outdoor Eating Areas Outdoor r°M<ii1g a'a arches a tid dining areas ar �r°. � r�ar ^ri, a id are permitted on public sidewalks a'dotig !h7 `wtorefrotit of ffi auwso iate d bt,,isiii ` s otfly il'ffia t bt..isiLYiessw a l so s flu'% ffiose 160d pjod' aa;ts itid o ruw. ve id lg ea tri a Fe Fw+iiiit.ted7 aHa i (,-)F areas rlaa�rwy arse!;reduce usable walking area widths on public �aaa�� aa�a_,a°arrt�� aaa�...a�aat .�r a„aa �u aara�,;.. sidewalks to less than four feet. ar�r�d laat.a WIa i ffe FW4i4ited 41 flie DDC &4rar t.r N Offi..� g s grata ar, d usear�...gra aatr��;.drarda��,;rty aa�2l:u�aaa : gar� arraG., nra t a.`� racy„a,�narra a,� a .�a�... rar a.,r,nt t a .. areas, Woodburn Development Ordinance Chapter 3.07 Page 255 204 5.01 Type I (Administrative) Decisions 5.01 General Requirements A. The purpose of this Section is to identify what types of actions are considered Type I decisions and their respective review criteria. Type I decisions do not require interpretation or the exercise of policy or legal judgment in evaluating approval criteria. The decision- making process requires no notice to any party other than the applicant. B. To initiate consideration of a Type I decision, a complete City application, accompanying information and a filing fee must be submitted to the Director. The Director will evaluate the application as outlined in this Section. 5.01.01 Access Permit to a City Street, excluding a Major or Minor Arterial Street 5.01.02 Design Review, Type I 5.01.03 Fence and Free Standing Wall 5.01.04 Grading Permit 5.01.05 Manufactured Dwelling Park, Final Plan Approval 5.01.06 Partition and Subdivision Final Plat Approval 5.01.07 Planned Unit Development(PUD), Final Plan& Design Plan Approval 5.01.08 Property Line Adjustment; Consolidation of Lots 5.01.09 Riparian Corridor and Wetlands Overlay District(RCWOD)Permit 5.01.10 Sign Permit 5.01.11 Significant Tree Removal Permit 5.01.12 Venip(,-)Fary (Nit (,-)(,-)r N4,tdietiii g at:�d Special Event Permit 5.01.01 Access Permit to a City Street. Excluding a Major or Minor Arterial Street A. Purpose: The purpose of this review is to ensure conformance to City street access standards and this Ordinance (Section 3.04) in circumstances where the access is not subject to any other type of land use approval. B. Criteria: The proposed access shall conform to the applicable standards of access to public streets (Section 3.04). C. Procedure: The Director shall review the access permit and determine conformance to City standards. Woodburn Development Ordinance Chapter 5.01 Page 328 205 5.01.09 Riparian Corridor and Wetlands Overlay District WWODI Permit A. Purpose: The purpose of this review procedure is to ensure that all grading, excavation, fill, and vegetation removal(other than perimeter mowing and other cutting necessary for hazard prevention) within a delineated, significant wetland, complies with applicable City and State standards and procedures, including those of ORS Chapter 196 and Chapter 227 and OAR 660-023. B. Criteria: 1. The applicable standards of this Ordinance and the findings and action proposed by the Division of State Lands; or 2. A finding, verified by the Division of State Lands, of error in delineation of the RCWOD boundary. C. Procedure: The Director shall review the permit and approve it upon a determination that it meets the criteria of this ordinance. 5,01.10 Sign Permit A. Purpose: The purpose of this review is to ensure that signs comply with standards found within the Sign Standards (Section 3.10). B. Criteria: Applications shall be reviewed for compliance with the sign standards of this Ordinance. C. Procedure: The Director shall review proposal signs for compliance to City regulations. 5.01.11 Significant Tree Removal Permit A. Purpose: To ensure that the removal of Significant Trees conforms with Section 3.06.07 as well as the purposes of Section 3.06.07A. B. Applicability: Per Sections 3.06.07B & C. C. Criteria and procedure: Per Section 3.06.07. 5.01.12 a etipll��rnd Special Event Permit A. Purpose: The purpose of this review is to ensure that �e )RtFy MaFke 41.g (-)F special events conform to the standards of this Ordinance (Section 2.07.17). B. Criteria. I'eiii )raF.Y (4fWk-)k)F Market.4ig a ids Special Events shall conform to all standards of this Ordinance. C. Procedure: The Director shall review the application and shall approve a permit based on compliance with this Ordinance. Woodburn Development Ordinance Chapter 5.01 Page 334 206 DBURN Incorporated 1889 Staff Report Project Name: Legislative Amendment (LA) 24-02: Food Carts & Food Cart Pods File Number: LA 24-02 Initial Hearing Date: May 23, 2024 Second Hearing Date: June 24, 2024 Date of Report: July 16, 2024 Staff Reviewers: Chris Kerr, Community Development Director Dan Handel, Planner Staff Recommendation: Approval Issue before the City Council Legislative Amendment (LA) 24-02 for adoption of an amendment to the Woodburn Development Ordinance (WDO). Proposed amendments focus on regulations for food carts and food cart pods. Executive Summary Proposed amendments prioritize food cart facilities that are safe, clean, attractive, and accessible, while also not being too costly for property owners to pursue.The proposed amendments can be summarized as: • Allowing food carts and food cart pods in all commercial and industrial zoning districts; • Outlining development review criteria (parking, landscaping, seating areas, etc.); • Requiring all food carts within a pod be connected to municipal water and sewer; .........................III?.II'II'°..........�Il...�.11f�II'IIC Ilf....11ll.......ill''If.......................a� 207 • Requiring street improvements for food cart pods similar to what would be required for a single-family dwelling; • Specifying a review process for food carts and food cart pods; and • Clarifying when food carts are eligible to apply for a Special Event Permit. Proposed amendments apply only to a fraction of the hundreds of pages of the WDO and are attached in a 6#iI(@thFGU^"-and-underline format. Background On August 28, 2023, the City Council passed Resolution No. 2218 initiating a broad scope of legislative amendments to the WDO. Included in the scope of amendments are regulations for food carts. The Planning Commission held work sessions on March 14t", April 11t", and April 25t" to discuss food carts and how to regulate them. At their May 23rd meeting, the Planning Commission held a public hearing and unanimously recommended approval of a WDO amendment package. The City Council held a work session on June 10th to discuss the recommended amendments and held a public hearing on June 24t". At the work session and public hearing, Councilors shared concerns about implications of the recommended amendments on existing food cart operators throughout the community. As part of a tentative motion to approve LA 24-02, the Council requested a revised set of regulations that included an option for single food carts to operate outside of a food cart pod. Purpose The proposed WDO amendments serve to address trends seen at the local, state, and national levels related to food carts, and will update the zoning code to allow food cart pods in Woodburn. The City's current regulations for food carts don't align with market trends that we see nationwide. Food carts used to be a small niche in the overall restaurant market; they would be mobile, traveling to large employers during meal breaks or vending at special events (festivals, farmers markets, etc.), or they would locate more permanently in the densely populated downtown cores of large cities like Portland. More recently, food carts have become a popular alternative to brick-and-mortar restaurants for both chefs and patrons. It is now much more common to find a group of carts (a "pod") congregate throughout commercial areas in cities of all sizes.The proposed WDO amendments are intended to better align Woodburn with these trends by allowing food carts and food cart pods in all commercial and industrial zones. LA 24-02 Staff Report Page 2 of 4 208 Currently, the existing City rules allow food carts only in industrial zones and with minimal design/development standards. Cart operators consistently inquire about setting up in commercial zones where there is more visibility and higher traffic, and as a result they end up utilizing temporary special event permits to locate in these locations for up to 60 days. These special event permits create enforcement challenges for staff, and ultimately the operators are not able to stay permanently and grow their business. The proposed WDO amendments are intended to expand opportunities for cart operators to find permanent locations by allowing food carts and food cart pods in all commercial and industrial zones. At the state level, the Oregon Health Authority (OHA) is the rulemaking body for food carts. In February of 2020, OHA adopted new rules for food carts so that counties could strengthen their enforcement of public health regulations. Specifically, these rules require water and wastewater tanks be integral to (contained within) the cart, otherwise the cart must hook up to municipal water and sewer lines. Implementation of these rules began in 2023 after a 3-year grace period however OHA and local public health agencies have been willing to work with food cart operators on compliance schedules if they've indicated they need more time. The proposed WDO amendments are intended to guide local food carts into compliance with these OHA rules. Testimony Throughout the rulemaking process, staff and the Planning Commission heard from food cart operators, pod managers, and members of the public, all of whom provided valuable feedback and guidance. Specific individuals are listed below: • Roy Long(1233 Riverbend Rd NW,Salem, OR 97304): Owner and developer of Checkpoint 221, a recently opened food cart pod in West Salem. • John Stromquist (1590 Willamette Falls Dr, West Linn, OR 97068): Owner and developer of Willamette Garage, a food cart pod on the site of an old gas station in West Linn. • Dalia Lopez (415 Oak St, Woodburn, OR 97071): A Woodburn resident who contacted staff to share support for the proposal. • Lilia Bahena (264 SE 33rd Ave, Hillsboro, OR 97123): An individual interested in opening a food cart pod in Woodburn. • Reynaldo Regino (17891 SW Tualatin Valley Hwy, Aloha, OR 97005): Owner/Operator of the Los Tacos Juan food truck that operates in the Sunshine Market parking lot along Settlemier Ave. Mr. Regino attended the Planning Commission public hearing but did not speak. • Oscar Regino (695 N Settlemier Ave, Woodburn, OR 97071): Owner/Operator of the Los Tacos Juan food truck that operates in the Sunshine Market parking lot along Settlemier Ave. Mr. Regino testified at the Planning Commission public hearing to share support for the proposal. LA 24-02 Staff Report Page 3 of 4 209 • Margaret Coffey (845 Fairwood Crescent Dr, Woodburn, OR 97071): A Woodburn resident who testified at the Planning Commission public hearing to share support for the proposal. • Theresa Smith (2603 Hazelnut Dr, Woodburn, OR 97071): A Woodburn resident who contacted staff to share support for the proposal. • Scott Sharp (P.O. Box 337, Donald, OR 97020): Operator of the Oregon Smoke Shack food cart, who testified at the City Council public hearing in support of a single cart option. • Matthew Ring (P.O. Box 337, Donald, OR 97020): Operator of the Oregon Smoke Shack food cart,who testified at the City Council public hearing in support of a single cart option. Recommendation Approval: Staff recommends the Council consider the revised Woodburn Development Ordinance amendment package and adopt the ordinance to implement Legislative Amendment LA 24-02. LA 24-02 Staff Report Page 4 of 4 210 Analyses & Findings Conformance with the Woodburn Development Ordinance 4.01 Decision-Making Procedures 4.01.02 Assignment of Decision-Makers: The following City entity or official shall decide the following types of decisions: E. Type V Decisions (Legislative): Type V decisions involve legislative actions where the City Council enacts or amends the City's land use regulations, comprehensive plan, Official Zoning Map or some component of these documents. Type V decisions may only be initiated by the City Council. The Planning Commission holds an initial public hearing on the proposal before making a recommendation to the City Council. The City Council then holds a final public hearing and renders a decision. Public notice is provided for all public hearings (Section 4.01.14). The City Council's decision is the City's final decision and is appealable to LUBA within 21 days after it becomes final. 4.01.09 Initiation of a Legislative Proposal A.The City Council may initiate the consideration of a legislative decision by resolution. B. Actions initiated by the Council shall be referred to the Planning Commission for a public hearing and recommendation to the Council. C. The City Council shall hold the final public hearing on a proposed legislative decision. The Planning Commission hearing was held on May 23, 2024, and the Commission unanimously recommended a package of amendments for City Council consideration. The City Council hearing is scheduled for June 24, 2024. On April 5, 2024, staff sent a Post-Acknowledgement Plan Amendment (PAPA) notice to the Department of Land Conversation and Development (DLCD) in compliance with OAR 660-018- 0020. The City notified affected government agencies in conformance with WDO 4.01.14.D. on May 3, 2024, and published notice of both the Planning Commission and City Council hearings in the Woodburn Independent newspaper on May 15, 2024. Later for the City Council hearing, the City notified affected government agencies and interested parties in conformance with WDO 4.01.14.D. on June 4, 2024, and published notice of the City Council hearing in the Woodburn Independent newspaper on June 12 & 19, 2024. */The provisions are met. Conformance with ORS 227„186 Notice to property owners of hearing on certain zone change;form of notice; ... (2) All legislative acts relating to comprehensive plans, land use planning or zoning adopted by a city shall be by ordinance. ...........�Illfllllf.........�.......�IIIIf ........... ........................ LA 24-02 City Council Staff Report Attachment: Analyses& Findings Page ....1..of..3.......................... 211 Pending a decision from the City Council following its public hearing, the Council would be able to direct staff to return with an ordinance for adoption at a subsequent Council meeting. (3) ... at least 20 days but not more than 40 days before the date of the first hearing on an ordinance that proposes to amend an existing comprehensive plan or any element thereof, or to adopt a new comprehensive plan, a city shall cause a written individual notice of a land use change to be mailed to each owner whose property would have to be rezoned in order to comply with the amended or new comprehensive plan if the ordinance becomes effective. (4) At least 20 days but not more than 40 days before the date of the first hearing on an ordinance that proposes to rezone property, a city shall cause a written individual notice of a land use change to be mailed to the owner of each lot or parcel of property that the ordinance proposes to rezone. ... (5) An additional individual notice of land use change required by subsection (3) or (4) of this section shall be approved by the city and shall describe in detail how the proposed ordinance would affect the use of the property.The notice shall: . . . (6) At least 30 days prior to the adoption or amendment of a comprehensive plan or land use regulation by a city pursuant to a requirement of periodic review of the comprehensive plan under ORS 197.628, 197.633 and 197.636,the city shall cause a written individual notice of the land use change to be mailed to the owner of each lot or parcel that will be rezoned as a result of the adoption or enactment. ... (7) Notice provided under this section may be included with the tax statement required under ORS 311.250. (8) Notwithstanding subsection (7) of this section, a city may provide notice of a hearing at any time provided notice is mailed by first class mail or bulk mail to all persons for whom notice is required under subsections (3) and (4) of this section. (9) For purposes of this section, property is rezoned when the city... This legislative amendment does not propose any changes to the Woodburn Comprehensive Plan nor any rezoning of property. Because the City is not changing the base zoning classification of property, in other words neither rezoning nor making a zone change, Sections (3), (4) and (5) above are not applicable. Because the proposed amendment is not pursuant to a requirement of periodic review, Sections (6) & (7) & (8) are not applicable. (10) The provisions of this section do not apply to legislative acts of the governing body of the city resulting from action of the Legislative Assembly or the Land Conservation and Development Commission for which notice is provided under ORS 197.047 or resulting from an order of a court of competent jurisdiction. The proposed legislative amendment does not result from actions of the Legislative Assembly or the Land Conservation and Development Commission (LCDC). ORS 197.047 is not applicable. As a result, the City of Woodburn is not required for LA 24-02 to do a "Measure 56" notice, the LA 24-02 City Council Staff Report Attachment: Analyses& Findings Page 2 of 3 212 phrase referring to Ballot Measure 56 (1998) that the legislature codified in ORS 227.186, which the legislature later revised via Senate Bill 516 (2003). The provisions are met. LA 24-02 City Council Staff Report Attachment: Analyses& Findings Page 3 of 3 213 4?4 4'*7 4N .'49W& WboibBURN Inc orpornreA 1889 July 22, 2024 TO: Honorable Mayor and City Council FROM: Jim Row, Assistant City Administrator SUBJECT: Community Center Bond Measure Referral RECOMMENDATION: Adopt a resolution referring a measure election for $40 million in general obligation bonds for the construction of the community center project. BACKGROUND: In early 2017, the City Council initiated work to update the 2008 Community Center feasibility study after local stakeholders and interested residents expressed a desire to move the project forward since the economic climate had improved. The City Council affirmed its commitment to the community center project by adopting it as a 2019-2021 goal. During the 2017 Regular Session, the Oregon Legislature authorized the award of a $1 ,000,000 Lottery Bond Grant to the City for completing design drawings for the community center project. Design work for the project began in June 2019 and was guided by the 22- person Citizens Advisory Committee (CAC). The CAC was tasked with reviewing the community center design work and providing feedback to the design team, City Administrator and City Council. A significant amount of additional public involvement, including numerous open houses, meetings with the Recreation & Parks Board and the City Council, online surveys, and a telephone survey of registered voters was critical to guiding the design of the project. The preliminary design work was completed and presented to the City Council in late 2020. The full build-out cost was estimated at $46.3 million at that time. However, construction costs have escalated significantly since, and are now estimated to be approximately $60 million. During the 2021 Regular Session, the Oregon Legislature awarded the City a $15 million Lottery Bond Grant for the Community Center project. This funding was Agenda Item Review: City Administrator_x_ City Attorney_x Finance_x_ 214 Honorable Mayor and City Council July 22, 2024 Page 2 allocated by the Legislature in support of the City's efforts to complete the community center's architectural design and to fund a significant portion of its construction. However, in November 2022, the Oregon Department of Administrative Services (DAS) informed staff that it would not issue the grant to the City, because they did not believe the City had secured enough of the remaining funds to ensure the project's viability. The City strongly disagreed with DAS's determination and filed a Petition for Judicial review in Marion County Circuit Court. After extensive negotiations between the City and the Oregon Department of Justice (DOJ), a settlement was reached in early March 2023 that restored the funding, provided the City raise at least 85% of the project costs. If voters approve the bond measure in November, the $15 million grant will become available for the City to spend on the project. DISCUSSION: Following the restoration of the $15 million state grant, staff resumed work to prepare the project for a November 2024 bond measure election, including the creation and appointment of a 24-person Citizens Advisory Committee (CAC), and the hiring of a capital campaign consultant and an elections consultant. The City has also committed an additional $5 million in City funding toward the project, that would likely come from a combination of General Fund, ARPA, Parks System Development Charges, and Urban Renewal dollars. In fact, the adopted 2024-2025 budget created a Community Center Fund that was allocated transfers of $1,385,000 from the General Fund and the ARPA fund. The passage of a $40 million bond measure would raise the remainder of the funds required to fully fund the project. Staff is also working with the capital campaign consultant to secure additional funds for the project that would finance enhanced Settlemier Park amenities, such as a universally inclusive playground. In preparation for the bond measure election, staff has been working closely with the City's elections consultant, Praxis Political, our financial consultant, Piper Sandler, and bond counsel, Hawkins, Delafield & Wood, LLP to ensure that the strategic, financial and legal approaches to the project are advanced in a sound manner. 215 Honorable Mayor and City Council July 22, 2024 Page 3 PROJECT TIMELINE - NOVEMBER 2024 BOND MEASURE ELECTION A summary of the proposed project timeline is as follows: Project Item Dates Ballot Language Submitted to Marion August 2024 County Elections Official Bond Measure Election November 2024 Complete Architectural & Engineering December 2024 - Fall 2025 Design Work Community Center Construction Fall 2025 - Fall 2027 Community Center Opens to the Fall2027 Public PROJECT TIMELINE - MAY 2025 BOND MEASURE ELECTION If the bond measure fails to pass during the November 2024 election, the City will evaluate the results of the election and determine whether or not to make another attempt at its passage during the May 2025 election. The May 2025 election would be the last time the City could pass a bond measure prior to the expiration of the $15 million state grant. The timeline and approach for resuming work on the architectural design for the community center will need to change in the event the bond measure fails in November 2024 and is placed on the May 2025 ballot. Since the $15 million Lottery Bond grant will expire in April 2026, it will be necessary to complete the "Design Development" phase of the architectural design process immediately following an unsuccessful November 2024 election. This will ensure that the project continues moving along at the pace that will be necessary to expend the grant fund prior to its expiration. The remaining Design Development work is anticipated to take 3 months to complete at a cost of approximately $1 million. This work could be funded by the Special Public Works Fund (SPWF) loan that was awarded to the City as a part of its settlement agreement with the state. The following is the proposed timeline assuming a May 2025 bond measure election: 216 Honorable Mayor and City Council July 22, 2024 Page 4 Project Item Dates Bond Measure Fails to Pass November 2024 Evaluate Election Results and November- December 2024 Determine Whether or Not to Place Project on May 2025 Ballot Complete "Design Development" January 2025 - March 2025 Phase of Architectural & Engineering Design Work Ballot Language Submitted to Marion February 2025 County Elections Official Bond Measure Election May 2025 Complete "Construction Documents" June - December 2025 Phase of Architectural & Engineering Design Work Community Center Construction Winter 2026 - Winter 2028 Community Center Opens to the Winter 2028 Public FINANCIAL IMPACT: The cost of constructing the community center was estimated at $46.3 million in late 2020. Construction costs have escalated significantly since then and are now estimated to be approximately $60 million. The $40 million in bonds are expected to be issued over a term of 20.25 years. With an estimated interest rate of 5.46%, the measure is expected to carry an estimated annual levy rate of $.99 per $1 ,000 of assessed value. The average assessed value for residential property in Woodburn is $178,000 for the 2023-2024 tax year. This results in an estimated cost of almost $15 per month or $180 per year for the average homeowner. With $20 million already available to begin work on the project, it is likely that the bonds would not be sold until March 2026. 217 COUNCIL BILL NO. 3257 RESOLUTION NO. 2235 A RESOLUTION OF THE CITY OF WOODBURN CALLING A MEASURE ELECTION FOR GENERAL OBLIGATION BONDS; DECLARING INTENT TO REIMBURSE EXPENDITURES; AND RELATED MATTERS WHEREAS, the City of Woodburn, Oregon (the "City"), determines that it will benefit the City to obtain the authority to issue up to $40,000,000.00 of general obligation bonds to finance a new community center, as more fully described in the form of ballot title attached as Exhibit A (the "Project"); and WHEREAS, the Oregon Constitution, City Charter and ORS Chapter 287A allow the voters of the City to authorize the City to issue general obligation bonds for the Project; and WHEREAS, ORS 287A.050 limits the amount of general obligation bonds in certain cases to three percent of the real market value of taxable property in the City, and issuing the bonds described in this resolution (the "Bonds") will not cause the City to exceed this limit; and WHEREAS, the City anticipates incurring expenditures (the "Expenditures") to finance the costs of the Project and wishes to declare its official intent to reimburse itself for any Expenditures it may make on the Project from the proceeds of general obligation bonds which may be issued as tax-exempt obligations in multiple series, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. A measure election is hereby called for the purpose of submitting to the electors of the City the question of issuing up to $40,000,000.00 in principal amount of general obligation bonds to finance capital costs related to the Project. Section 2. The City authorizes the City Administrator, Finance Director, or the designee of either of those officials (each a "City Official"), to act on behalf of the City and to take such other action as is necessary or appropriate to carry out the purposes and intent of this Resolution in compliance with the applicable provisions of law. Page 1 - Council Bill No. 3257 Resolution No. 2235 218 Section 3. Pursuant to ORS 250.285, the City Council approves the ballot title in substantially the form attached as Exhibit A with such changes as the City Official may approve. Section 4. The City Council approves the explanatory statement in substantially the form attached as Exhibit B with such changes as the City Official may approve. Section 5. Pursuant to ORS 250.275(5) and 250.285, the City Elections Officer shall publish in the next available edition of the Woodburn Independent, or in another newspaper of general distribution within the City, a notice of receipt of the ballot title including notice that an elector may file a petition for review of the ballot title pursuant to ORS 250.296. The notice shall be in substantially the form attached to this resolution as Exhibit C with such changes as the City Official may approve. Section 6. The City directs the City Elections Officer to submit to the County Clerk for Marion County a copy of this Resolution, ballot title, explanatory statement and all other necessary information so that the general obligation bond measure may appear on the ballot for the November 5, 2024 election. Section 7. The City hereby declares its official intent pursuant to Treasury Regulation Section 1 .150-2 to reimburse itself with the proceeds of the Bonds, which may be issued in one or more series, for any of the Expenditures incurred by it prior to the issuance of the Bonds. Section 8. This resolution is effective immediately upon its adoption. Approved as to form: City Attorney Date Approved: Frank Lonergan, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder Page 1 - Council Bill No. 3257 Resolution No. 2235 219 ATTEST: Heather Pierson, City Recorder Page 1 - Council Bill No. 3257 Resolution No. 2235 220 EXHIBIT A NOTICE OF CITY MEASURE ELECTION CITY OF WOODBURN MARION COUNTY, OREGON NOTICE IS HEREBY GIVEN that on November 5, 2024, an election will be held within the boundaries of the City of Woodburn, Marion County, Oregon. The election shall be conducted by mail. The following question will be submitted to the qualified voters thereof: CAPTION Bonds constructing community center for recreation, fitness, aquatics, and events QUESTION Shall Woodburn issue bonds for community center; pool and recreation upgrades; required audits, citizen oversight; won't exceed $40 million dollars? If the bonds are approved, they will be payable from taxes on property or property ownership that are not subject to the limits of sections 11 and 1 lb, Article XI of the Oregon Constitution. SUMMARY The City of Woodburn is working to transform the current Aquatic Center into a full-service community center to create a safe place for people of all ages and abilities to access recreation, wellness, and gathering opportunities. If the measure passes, bond proceeds would finance capital costs to provide a community center and related improvements expected to include: • Indoor walking and jogging track • Weights, cardio, exercise facilities • Warm-water pool for recreation, therapy, exercise • ADA accessibility upgrades to the Center and Settlemier Park • Space for events, afterschool programs • Upgrades to the existing lap pool • Multi-court gymnasium • New playground, outdoor sports courts,pathways Annual audits and a citizen oversight committee to provide accountability. Approval of this measure authorizes issuance of a principal amount of$40 million of general obligation bonds. Bonds may be issued in multiple series, each maturing within 21 years. Page 1 — Council Bill No. 3257 Resolution No. 2235 221 The estimated annual tax rate is $0.99 per $1,000 of assessed value. Actual tax rate may differ due to interest rates and changes in assessed value. Page 1 - Council Bill No. 3257 Resolution No. 2235 222 EXHIBIT B FORM OF EXPLANATORY STATEMENT Background First constructed in 1948, Woodburn's original outdoor pool was rebuilt into the current Woodburn Aquatic Center in 1995. The Aquatic Center offers swimming and exercise facilities which have been well used by residents. As Woodburn's population and needs expand, it has become clear that the aging facility, along with neighboring Settlemier Park, falls short of meeting the community's growing needs —including for accessibility requirements. Woodburn has been exploring the idea of building a new Community Center since 2008. In response to the recommendation of the Citizens Advisory Committee and community feedback, the City Council is moving forward with the project now. $15 million in matching funds were successfully secured from the state, however, they will only be available if the project is fully funded by Spring 2025. Use of Funds The Community Center project was developed with the goal of expanding access to recreational, health, and wellness programming for people of all ages and abilities, and providing a large gathering space that is currently lacking in Woodburn's diverse community. The expansion is expected to include: • An event space and a community multi-purpose room with a commercial kitchen to host large events • A drop-in childcare center for people using the facility and space for after school and summer programming • ADA accessibility upgrades to the Center and Settlemier Park • A two-court gymnasium for youth and adult sports leagues including basketball, pickleball, volleyball and other court sports • The addition of a warm-water pool that would be more accessible for seniors and people with disabilities and available for family recreation, swim lessons, therapy and exercise classes • Repairs and improvements to the existing lap pool • Weights, cardio and exercise facilities that will provide expanded health and wellness opportunities including fitness, cardio and weight equipment, and class space • An indoor walking and jogging track that can be used year-round for youth and adult fitness programs and exercise • A new universally inclusive playground in Settlemier Park, tennis courts, outdoor sports courts, a picnic shelter, and pathways The bond would increase accessibility to ensure people with disabilities and seniors can better access Settlemier Park and the Center. It would also allow for expanded programming opportunities, from swim lessons for kids to learn water safety skills, to after school and summer programs for youth and teens to continue learning, and activities to keep seniors engaged. A drop-in childcare center is also expected to be available for people using the facility. Page 1 — Council Bill No. 3257 Resolution No. 2235 223 Cost If passed, the estimated annual tax rate is approximately $0.99 per $1,000 of assessed property value, or $15 per month for the average homeowner in Woodburn. In most cases, assessed value is lower than market value. If the measure does not pass, the community center would not be constructed and taxes would not increase. Accountability The bond would require annual audits and an oversight committee that will ensure proceeds are used for intended purposes. Page 1 - Council Bill No. 3257 Resolution No. 2235 224 Exhibit C NOTICE OF RECEIPT OF BALLOT TITLE Notice is hereby given that a ballot title for a measure referred by the City of Woodburn has been filed with the City Elections Officer on July 22, 2024. The ballot title caption is "Bonds constructing community center for recreation, fitness, aquatics, and events". A copy of the ballot title is available from the City's Elections Officer. An elector may file a petition for review of this ballot title in the Marion County Circuit Court no later than 5:00 pm July 31, 2024, under ORS 250.296. Signature of City Elections Officer Date signed Printed name of City Elections Officer Title This legal notice is to be published by the City Elections Officer in the Woodburn Independent, or in another newspaper of general distribution within the City. Page 1 - Council Bill No. 3257 Resolution No. 2235 225 rr_ � Ig Ag4,-.44 fun.- W4OO�N Inc orpornreA 1889 July 22, 2024 TO: Honorable Mayor and City Council through City Administrator FROM: Renata Wakeley, Special Projects Director Jesse Cuomo, Community Services Director SUBJECT: Community Center Fundraising Support and Coordination Agreement with Woodburn Proud, Inc. RECOMMENDATION: Authorize the City Administrator to execute the attached Fundraising Support and Coordination Agreement with Woodburn Proud, Inc., to support the Woodburn Community Center project, and upon good cause shown adjust the Fund Administrative Fee pursuant to the parameters outlined in the Agreement. BACKGROUND: As part of the City's capital campaign and fundraising efforts to support the Community Center project, the City wishes to engage with a community-based nonprofit organization to work in coordination and partnership with City staff and our capital campaign and fundraising consultant. In September 2023, the City Council authorized a contract with Rose City Philanthropy for capital campaign and fundraising consulting services. Under the guidance of Rose City, the City Council and Community Center Advisory Committee requested support from Woodburn Proud, Inc. to serve as the locally recognized non-profit organization with a similar mission and interests to accept contributions and donations in accordance with the provisions of 170(c)(2) of the Internal Revenue Code, as amended, that the City of Woodburn may not be eligible to receive. DISCUSSION: The additional revenue approach serves to ensure the City is reaching out to a greater number of small and large donor prospects, including tax deductible donations for individual donors that wish to the support the project, and larger grantors and foundations that do not include municipalities as eligible applicants. The attached contract was developed from a template provided by another Oregon municipality working on similar recreation campaigning and fundraising. Agenda Item Review: City Administrator_X City Attorney_X_ Finance_X= 226 Honorable Mayor and City Council July 22, 2024 Page 2 As Woodburn Proud engages in fundraising activities on behalf of the Community Center Project, all financial contributions, donations, gifts, grant funds, and other monetary payments received by the Foundation shall be deposited into the Fund and held in trust for the purpose of supporting the Community Center Project. The Foundation agrees that as part of accepting financial contributions into an established Fund, it shall provide a charitable donation receipt to applicable donors that complies with the IRS rules for written acknowledgements. Woodburn Proud shall also assume responsibility for its own bookkeeping, investment management, tax reporting, auditing, and evaluation of Fund distributions, and furnishing to the City reports of all Fund income and expenses on at least a quarterly basis, and also upon written request of the City. Woodburn Proud has confirmed they have the ability to establish a separate interest-accruing fund account specifically for this project to comply with the reporting and accounting conditions included in the attached agreement. The Woodburn Proud Board reviewed and approved the draft contract at their July 15th Board meeting. An administrative fee of one percent (1%) but not to exceed three percent (3%) is included in the agreement. This is in keeping with other non-profit partnerships and agreements with municipalities to support community projects. While the administrative fee amount will be set at 1% at the start of the agreement, Staff is requesting that the City Council authorize the City Administrator to adjust the administrative fee amount in the future up to 3%, per the parameters of the Agreement and upon good cause shown. Any other changes to the contract, beyond permitted adjustments to the Administrative Fee, would require review and approval by the City Council. FINANCIAL IMPACT: An administrative fee of one percent (1%) but not to exceed three percent (3%) is included in the agreement. This fee will be paid and collected out of Fund financial contributions/donations. In addition, staff support to Woodburn Proud, Inc., in the form of applicable grant writing, grant administration, staff time and support to the Woodburn Proud Board and website assistance may be applicable, along with information and solicitation meetings with applicable foundations and funders. 227 WOODBURN COMMUNITY CENTER FUNDRAISING SUPPORT& COORDINATION AGREEMENT THIS Fundraising Support & Coordination Agreement ("Agreement"), effective upon the last date of signatures below, is made and entered into by the City of Woodburn, an Oregon municipal corporation ("City") and Woodburn Proud, Inc., an Oregon domestic nonprofit corporation ("Foundation") (collectively the "Parties"). BACKGROUND A. A mission of the City's Community Services Department is to improve the quality of life for all Woodburn residents by providing public spaces and facilities for community utilization, recreation, and gatherings; B. The City currently owns and operates the Woodburn Aquatic Center as part of its Community Services Department programming and desires to expand the aquatic and other recreational opportunities as well as provide other community utilization, gathering, and social service spaces at the property generally located at 190 Oak Street ("Community Center Project"); C. The capital construction costs of the Community Center Project are estimated to exceed $60 million; D. The City has secured $15 million for the Project via State lottery bond funding and the City Council is likely to ask City voters to pass a general obligation bond measure for funding assistance as well; E. The City, through its Community Center Citizen Advisory Committee, has also initiated a capital campaign effort seeking additional private and public funding support to reduce the bond amount to the community and help bring the project to fruition; F. As part of the capital campaign effort, the City engaged Rose City Philanthropy ("Rose City") for certain professional capital campaign and fundraising consulting services; G. As part of the capital campaign effort, the City now desires to also engage with a community-based nonprofit organization to work in coordination and partnership with City staff and Rose City as part of the fundraising effort for the Community Center Project; H. Woodburn Proud (the "Foundation") is a tax-exempt, nonprofit corporation, with a mission of enhancing the quality of life within the City of Woodburn, Oregon, by providing funding for recreational, cultural, and community-building programs and facilities. This may include funding support for other non-profits within the Woodburn area offering recreational, cultural, or community-building programs, or partnerships FUNDRAISING COORDINATION AGREEMENT Woodburn Proud, Inc. Page 1 of 11 228 with local government agencies, such as the City of Woodburn or the Woodburn School District; I. The Foundation has recognition as an organization exempt from federal income tax as described in Section 501(c)(3) of the Internal Revenue Code as amended and is able to accept contributions in accordance with the provisions of 170(c)(2) of the Internal Revenue Code as amended for the purposes stated in its organizational documents; J. The City has requested that the Foundation create a Wholly Expendable Community Center Project Fund (the "Fund") for purposes of financially supporting the Community Center Project; and K. The Parties desire to enter into this Fundraising Coordination Agreement for the purpose of defining obligations related to the Fund and the relationship between the City and the Foundation in regard to their respective purposes, responsibilities, and accountability in executing a coordinated effort to fundraise for the Community Center Project. NOW THEREFORE, the Parties agree as follows: AGREEMENT 1. Project. 1.1. Community Center Project. The Parties acknowledge that the scope of the Community Center Project includes the design and construction of a multi-generational, multi-cultural, multi-use community center facility in Woodburn, including expansion of and improvements to the existing aquatics and recreation center and Settlemier Park property (generally located at 190 Oak Street), for expanded indoor and outdoor recreation and event capacity. 1.2. Ownership. The City shall retain full ownership of, and liability for the property located at 190 Oak Street and all associated real and personal property included within the scope of the Community Center Project. 1.3. Design & Construction Responsibility. The City shall control and be responsible for the final design and physical renovation and construction of the Community Center Project; this includes the timeline for completing the project, formally soliciting bids or proposals for the project in accordance with state and local contracting rules, ensuring proper and appropriate selection of a bid or proposal for the project, entering into a contract for project-identified services, overseeing the performance of contracted services, and ensuring payment is made for any and all services and construction. FUNDRAISING COORDINATION AGREEMENT Woodburn Proud, Inc. Page 2 of 11 229 2. Fund.The Foundation shall create, run, and maintain the Fund, which shall be known as The Woodburn Community Center Project Fund and shall be identified as such by the Foundation and its Board in the course of administration and distribution thereof. 2.1. Fund Purpose. The Fund's purpose is to sponsor and cover costs related to the design, construction, and programming of the Community Center Project. 2.2. Contributions & Gifts to the Fund. As the Foundation engages in fundraising activities on behalf of the Community Center Project, all financial contributions, donations, gifts, grant funds, and other monetary payments received by the Foundation shall be deposited into the Fund and held in trust for the purposes identified through this Agreement. The Foundation agrees that as part of accepting financial contributions into the Fund, it shall provide a charitable donation receipt to applicable donors that complies with the IRS rules for written acknowledgements. 2.3. Fund Disbursements. The Parties agree that following establishment of the Fund, they will mutually agree to a future schedule for the distribution and disbursement of Fund income. It is anticipated that fund disbursements will be based on a quarterly schedule, however the Foundation agrees to abide by all immediate demands for disbursement/payment made by the City within ten (10) business days. All disbursement requests from the City will be made by formal invoice with payment instructions included. The Foundation agrees that all contributions, grants, gifts, and other monies deposited and held in the Fund may only be disbursed pursuant to the Fund Purpose and with direction from the City. 2.4. Fund Responsibility. In carrying out its responsibilities, the Foundation shall hold, manage, invest, and reinvest the Fund, and shall collect the income and shall pay and disburse moneys from the Fund, both principal and interest, for uses and purposes related to the Community Center Project and in accordance with the direction of the City, as long as such recommendations are in accord with the policies of the Foundation and meet the charitable purposes for which the Foundation was formed and supportive of the Purpose set forth in this agreement. The Foundation shall assume responsibility for check writing, bookkeeping, investment management, tax reporting, auditing, and evaluation of Fund distributions, and furnishing to the City reports of all Fund income and expenses on at least a quarterly basis, and also upon written request of the City. 2.5. Administrative Fees. It is understood that the Foundation shall charge a fee to establish and manage the Fund, set as an annual "Administrative Fee."The annual fee will be assessed monthly, based on the Fund balance as valued at the beginning and end of each month. The rate of any Administrative Fees shall be mutually agreed upon by the Parties and may change during the life of the Fund, provided that the Administrative FUNDRAISING COORDINATION AGREEMENT Woodburn Proud, Inc. Page 3 of 11 230 Fees shall not exceed three percent (3%). The current Administrative Fees will start at one percent (1%). 2.6. Fund Accounting & Financial Management.The Foundation must obtain and maintain supporting documentation for all monies received and deposited into the Fund and for all disbursements and distributions out of the Fund. All fiscal records, accounting books, invoices, receipts, cancelled checks and any other accounting documents related to the Fund shall be kept by Foundation in accordance with generally accepted accounting principles for nonprofit entities under Oregon State and Federal rules. The City shall have the right to inspect and audit all accounting reports, books, or records which concern Foundation's performance of services or activities under this Agreement. Inspection shall take place during normal business hours at Foundation's place of business, with all requested books, records, documents, and other evidence available within ten (10) business days of the City's request. The cost of any such audit shall be borne by the City. 2.7. Limitations. The Foundation shall not use Fund income for any costs incurred prior to the Effective Date of or after the expiration of this Agreement, or towards any ineligible or unallowable costs. Authorized or allowable costs exclude expenditures for any of the following: (i) religious instruction or recruitment; (ii) indirect costs and overhead not readily assignable to the Fund; and (iii) any activity prohibited by state, federal, or local law or rule. 2.8. Fraud &Abuse. 2.8.1. Definitions. (i) Fraud means an intentional deception or misrepresentation made by a person with the knowledge that the deception could result in some unauthorized benefit to himself or some other person and includes any act that constitutes fraud under applicable federal or state law; (ii) Abuse means provider actions that are inconsistent with sound fiscal or business practices and result in unnecessary costs, or in reimbursement for services that are not necessary or that fail to meet professionally recognized standards. 2.8.2. Fraud & Abuse Prevention Program. Foundation shall have a fraud and abuse prevention program in place that provides for the following: (i) written policies, procedures, and standards of conduct requiring that the Foundation and the Foundation's officers, employees, agents and subcontractors are committed to complying with all applicable federal and state standards; (ii) enforcement of standards through well-publicized disciplinary guidelines; (iii) internal monitoring and auditing; (iv) provisions for prompt responses to detected offenses and development of corrective action initiatives; and (v) provision for full cooperation with any federal, state, or local agency investigation including promptly supplying all data and information requested for their investigation. FUNDRAISING COORDINATION AGREEMENT Woodburn Proud, Inc. Page 4 of 11 231 2.9. Fund Dissolution & Close-Out. Foundation shall not dissolve the Fund without the express written authorization of the City. The Foundation's obligations to the City shall not end until all close-out requirements are completed and all Fund income has been otherwise directed and disbursed for the Community Center Project. Activities during a future close-out period shall include, but are not limited to: making final payments, providing final reporting data to the City necessary for the close-out, and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Foundation has control over Fund income. If Fund is dissolved prior to Project completion, Foundation will work with City to return any and all allocations to Fund for intended purposes to original grantor or negotiate re-use of funds with original granting party/grantor. 3. Fundraising Coordination. This Agreement also governs the Parties' understanding of the cooperation and coordination to occur in securing certain grant funding and private donations to support the Community Center Project. The Parties acknowledge that each organization has a unique role and interest in pursuing and accepting grant and private fund dollars/gifts to support the Project. By entering into this Agreement, the parties further acknowledge that it is in their mutual interest to coordinate their fundraising efforts for the benefit of the Woodburn community. The Parties agree to engage in ongoing coordinated fundraising efforts and activities from the Effective Date of this Agreement through completion of the Community Center Project. The Parties agree that they will meet no less than monthly to discuss a generalized fundraising plan, fundraising goals, ongoing fundraising activities, correspondence plans and fundraising materials, grant opportunities and application procedures, and the preparation and arrangements for future fundraising events and activities. 4. City's Right & Responsibilities. 4.1. Point of Contact. The City shall designate and identify a point person(s) to work with Foundation under the terms of this Agreement. This individual(s) may work with the Foundation and its members on any number of plans and efforts to support Fundraising for the Community Center Project, including but not limited to, providing prepared fundraising correspondence, scripts, and other materials, supporting/staffing fundraising events, grant writing and administration, and supporting Foundation Board members in various staffing or administrative requirements that may be increased as a result of this Agreement. The City's Community Services Director shall serve as the City's point of contact until or unless another individual is designated. FUNDRAISING COORDINATION AGREEMENT Woodburn Proud, Inc. Page 5 of 11 232 4.2. City Consultant Services.Through its fundraising efforts, the City has engaged Rose City for certain professional capital campaign and fundraising consulting services. It is the City's responsibility to manage and oversee the delivery of services under the identified contract, even where services may be provided to the Foundation directly. 4.3. Fundraising Program Evaluation. Through the duration of this Agreement, the City shall regularly evaluate the fundraising efforts of the Foundation with the intention and goal of providing certain oversight of activities in meeting identified objectives, encouraging positive growth and outcomes, and providing further supportive services as identified and within the capabilities of the Parties. 5. Foundation's Right & Responsibilities. 5.1. Point of Contact. The Foundation shall designate and identify a point of contact person to work with City and City-designated staff and consultants through the life of the Agreement. It is the expectation of the City that the point of contact would be present and available at all monthly meetings or would assign and send a designee in their place. 5.2. Fundraising. In coordination with the City and following the general fundraising plan(s) devised by the Parties during the scheduled monthly meetings, Foundation shall undertake and endeavor to carry out a variety of fundraising activities on behalf of the Community Center Project, including but not limited to, direct solicitations, email marketing, crowdfunding, fundraising events, mailers, grant writing/submissions, and sponsorships. 5.3. Online & Social Media Presence. Through the Term of this Agreement, Foundation agrees that it shall maintain an active and up-to-day online and social media presence for purposes of meeting the fundraising objectives outlined above. Upon execution of this Agreement, Foundation shall immediately undertake an effort with the City and Rose City to update and modernize its organizational webpage and establish or update other social media account platforms necessary to support the fundraising efforts outlined above. 6. Foundation Representations & Warranties. Foundation represents and warrants to the City that: (a) Foundation is a nonprofit and tax-exempt entity duly organized and validly existing in the State of Oregon; (b) Foundation has all necessary rights, powers, and authority under any organizational documents and under Oregon law to (i) execute this Agreement; (ii) incur and perform its obligations under this Agreement; and FUNDRAISING COORDINATION AGREEMENT Woodburn Proud, Inc. Page 6 of 11 233 (iii) receive deposits and gifts into the established Fund for the Community Center Project; and (c) There is no proceeding pending or threatened against Foundation before any court or governmental authority that if adversely determined would materially affect the ability of Foundation to carry out obligations under this Agreement. The representations and warranties set forth in this Section are in addition to, and not in lieu of, any other representations or warranties provided by Foundation. 7. Default &Termination. 7.1. Default. 7.1.1. Foundation. Foundation will be in default under this Agreement upon the occurrence of any of the following events: (a) Foundation fails to use the Fund for the intended purpose described in the Agreement or otherwise fails to perform, observe, or discharge any of its covenants, agreements, or obligations under this Agreement; (b) Foundation fails or is unable to commence the Fundraising Activities within two (2) months following the Effective Date of this Agreement, or suspends Fundraising Activities for any period greater than one (1) month during the Agreement Term; (c) Any representation, warranty, or statement made by Foundation in this Agreement or in any documents relied upon by the City in undertaking Fundraising Activities is untrue in any material respect when made; or (d) A petition, proceeding or case is filed by or against Foundation under any federal or state bankruptcy, insolvency, receivership or other law relating to reorganization, liquidation, dissolution, winding up or adjustment of debts; in the case of a petition filed against Foundation, Foundation acquiesces to such petition or such petition is not dismissed within 20 calendar days after such filing, or such dismissal is not final or is subject to appeal; or Foundation becomes insolvent or admits its inability to pay its debts as they become due, or Foundation makes an assignment for the benefit of its creditors. (e) Foundation defaults on its established status described in 501(c)(3) of the Internal Revenue Code and any reporting requirements to maintain said federal or state status/timeline submission. FUNDRAISING COORDINATION AGREEMENT Woodburn Proud, Inc. Page 7 of 11 234 7.1.2. Cyr. The City will be in default under this Agreement if, after 30 days written notice specifying the nature of the default, the City fails to perform, observe, or discharge any of its covenants, agreements, or obligations under this Agreement. 7.2. Remedies. 7.2.1. City Remedies. In the event Foundation is in default under Section 7.1.1, the City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: (i) termination of this Agreement under Section 7.3; (ii) requiring Foundation to complete, at Foundation's expense, additional activities necessary to satisfy its obligations or meet performance standards under this Agreement; (iii) initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; or (iv) exercise of its right of recovery of Fund income. These remedies are cumulative to the extent the remedies are not inconsistent, and the City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 7.2.2. Foundation Remedies. In the event the City is in default under Section 7.1.2 and regardless of whether or not Foundation elects to terminate this Agreement, Foundation's sole monetary remedy will be, within any limits set forth in this Agreement, the amount of Fund Administrative Fees eligible for distribution to Foundation through the date of termination, less any claims the City has against Foundation. In no event will the City be liable to Foundation for any expenses, direct, indirect, consequential or otherwise related to termination of this Agreement or beyond the sum of the Administrative Fees available under this Agreement. 7.3. Termination. 7.3.1. Mutual. This Agreement maybe terminated at anytime by the mutual written consent of the Parties. 7.3.2. By the City. The City may terminate this Agreement as follows: (a) At the City's discretion, upon 30 days advanced written notice to Foundation; (b) Immediately upon written notice to Foundation should the City fail to receive funding or appropriations or other expenditure authority at levels FUNDRAISING COORDINATION AGREEMENT Woodburn Proud, Inc. Page 8 of 11 235 sufficient in the City's reasonable administrative discretion to perform its obligations under this Agreement; (c) Immediately upon written notice to Foundation, if federal or state laws, rules, regulations, or other guidelines are modified or interpreted in such a way that the City's performance under this Agreement is prohibited; or (d) Upon ten (10)-days written notice to Foundation, if Foundation is in default under this Agreement and such default remains uncured for ten (10) days after written notice is provided to Foundation. 7.3.3. By Foundation. Foundation may terminate this Agreement as follows: (a) Upon ten (10)-days written notice to the City, if the City is in default under this Agreement and such default remains uncured for 30 days after written notice is provided to the City. 8. Limitation of Liability. Foundation shall take all necessary precautions and shall be responsible for the safety of its employees, volunteers, agents, and subcontractors in the performance of all services and activities provided under this Agreement. The City shall not be liable for injury, damage, or loss suffered by Foundation, its employees, volunteers, agents, and subcontractors, not otherwise caused by the intentional acts of the City, its agents, employees, or contractors. 9. Indemnification. Foundation shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with Foundation's performance and activities under this Agreement, except for that portion of injuries and damages caused by the sole negligence of the City. 10. Records. Foundation shall grant the City and its duly authorized representatives, access to all books, accounts, records, reports, files, and other papers, or property pertaining to the administration, receipt and use of funds, to perform examinations and audits and make excerpts, transcripts and copies. Foundation shall retain and keep accessible all such books, accounts, records, reports, files, and other papers, or property for a minimum of six (6) years from closeout of the Fund hereunder, or such longer period as may be required by applicable law, or until the conclusion of any audit, controversy or litigation arising out of or related to this contract, whichever date is later. Foundation shall also protect the confidentiality of all information concerning donors, contributors, grantors, supporters, sponsors, and giftees. Foundation shall not release or disclose any such information except as necessary for the administration of activities under this Agreement, as authorized in writing by the subject individual or entity, or as required by law. All records and files shall be appropriately secured to prevent access by unauthorized persons. FUNDRAISING COORDINATION AGREEMENT Woodburn Proud, Inc. Page 9 of 11 236 Foundation shall ensure that all its officers, employees and agents are aware of and comply with this confidentiality requirement. 11. Compliance with Applicable Law. Foundation shall comply with all federal, state and local laws, regulations, and ordinances applicable to this Agreement or to Foundation's obligations under this Agreement, as those laws, regulations and ordinances may be adopted or amended from time to time. 12. Non-Discrimination. Foundation shall provide all services and activities under this Agreement on a basis that does not discriminate against any person on the basis of the person's race, color, sex, sexual orientation, religion, ethnicity, national origin, age, disability, familial status, marital status, gender identity, source of income, veteran status, or membership in any other protected class under state or federal law. 13. Conflicts of Interest. No employee, agent, consultant, officer, elected official or appointed official of Foundation receiving funds and/or who exercise or have exercised any functions or responsibilities with respect to fundraising activities who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity or have an interest or benefit from the activity or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds there under, either for themselves or those with whom that have family or business ties, during their tenure or for one year thereafter. Foundation shall also establish safeguards to prohibit employees or volunteers from using their position for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. 14. Relationship of the Parties. Nothing in this Agreement is intended, or is to be deemed to create a partnership or joint venture between the Parties. Foundation shall at no time hold itself out as a subsidiary or affiliate of the City. Further, nothing contained herein shall be deemed or construed by the Parties, nor by any third parties, as creating a relationship between the City and any officers, employees, volunteers, suppliers, contractors, or subcontractors used by Foundation to carry out any activities under this Agreement. 15. Notices. Any Notice provided for or concerning this Agreement shall be in writing and be deemed sufficiently given when personally delivered or mailed by Certified mail, to the respective address of each party as follows: a) Woodburn Proud, Inc., Attn: Kathy Figley, President, b) City of Woodburn, Attn: Community Services Director, 270 Montgomery Street, Woodburn, Oregon 97071. FUNDRAISING COORDINATION AGREEMENT Woodburn Proud, Inc. Page 10 of 11 237 16. Assignments; Successors and Assigns. Foundation shall not assign or transfer any of its interest in this Agreement without the written consent of the City, such consent not to be unreasonably withheld. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and permitted assigns, if a ny. 17. No Third-Party Beneficiaries. No provision of this Agreement is intended or will be construed to confer upon or give to any person or entity other than the signatories to this Agreement any rights, remedies or other benefits under or by reason of this Agreement. 18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding between the City and Foundation that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Marion County for the State of Oregon. Foundation hereby agrees to the in personam jurisdiction of such court and waives any claims of an inconvenience forum. 19. Severability. The parties agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. 20. Merger Clause; Waiver. This Agreement constitute the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of the City to enforce any provision of this Agreement shall not constitute a waiver by the City of that of any other provision. The parties have executed this Agreement effective as of the last date of signature specified below. CITY OF WOODBURN, WOODBURN PROUD, INC. an Oregon municipal corporation an Oregon domestic nonprofit corporation Scott Derickson, City Administrator Kathy Figley, President Date Date FUNDRAISING COORDINATION AGREEMENT Woodburn Proud, Inc. Page 11 of 11 238 4?4 4'*7 4N -'49W& WWODBURN Inc orpornreA 1889 July 22, 2024 TO: Honorable Mayor and City Council (acting in its capacity as the Local Contract Review Board) through City Administrator FROM: Curtis Stultz, Public Works Director SUBJECT: Award of Construction Contract for the Woodcrest Court Paving Project RECOMMENDATION: Award the construction contract for the Woodcrest Court Paving Project to the lowest responsible and responsive bidder, Brix Paving Northwest, Inc., in the amount of $141 ,678.20. Staff is requesting approval of an additional $40,000 for this project as a contingency for potential change orders that may arise during construction. BACKGROUND: During the summer of 2023 the Water Department upsized the existing waterline which serves Woodcrest Court, thus increasing the fire flow available for firefighting activities. The Woodcrest Court Paving Project was let out to bid to restore the pavement surface. The project consists of a partial reconstruction of Woodcrest Court. The top 12" of existing pavement and subgrade will be removed, and 8" of base rock and 4" of asphalt will be replaced. The existing curb and sidewalk will remain, except for a small area of sidewalk restoration. At the request of the Street Department, three off-site Asphalt Concrete Pavement Repairs were also included in the Project. Asphalt Concrete Pavement Repairs involve the removal of the existing road surface to a depth of 8" and replacing it with 4" of aggregate base and 4" of asphalt. Each off-site location is approximately 600 square feet in area. Bids for the Project were publicly opened June 25, 2024. Six (6) bids were received, and the results are as follows: Brix Paving Northwest, Inc. $141 ,678.20 Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance_x_ 239 Honorable Mayor and City Council July 22, 2024 Page 2 Jesse Rodriguez Construction $149, 382.50 Knife River Construction Northwest $158,827.80 Settje Sons Paving $177,336.50 North Santiam Paving $179, 952.00 Kerr Contractors $190,739.00 The Engineer's Estimate for the project was: $134,895.00 The recommended award is approximately 5% higher than the Engineer's Estimate. DISCUSSION: The contract award is in conformance with public contracting laws of the State of Oregon as outlined in ORS Chapter 279C, and the laws and regulations of the City of Woodburn. FINANCIAL IMPACT: The subject project is identified in the adopted fiscal year 2024/25 Budget and funded by the Street & Storm Capacity Construction Fund (Fund 363) under the Capital improvements, Capital Construction Projects, Current Year Projects. 240