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May 12, 2025, Agenda FRANK LONERGAN,MAYOR CITY OF WOODBURN VACANT,COUNCILOR WARD 1 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 ALMA GRIJALVA,COUNCILOR WARD VI MAY 12, 2025 - 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. City Hall, the Library and the Transit System will be closed Monday, May 26, 2025, in observance of Memorial Day. The Aquatic Center will be open regular hours. B. The May 26, 2025, Woodburn City Council Meeting is cancelled. The next meeting will take place on June 9, 2025. Appointment and Oath of Office : C. Appointment of Orlando Bravo to Ward 1 - Term expiring December 2028 4. COMMUNITY/GOVERNMENT ORGANIZATIONS None. 5. PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: A. Quarterly Investment Report 1 6. COMMUNICATIONS None. This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980- 6318 at least 24 hours prior to this meeting. **Habrd interpretes disponibles para aquellas personas que no hablan Ingles, previo acuerdo. Connuniquese al (503) 980-2485.** May 12, 2025 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 April 28, 2025 26 Recommended Action: Approve the minutes. B. Liquor License application for El Pariente Mariscos y Mas LLC 31 Recommended Action: Recommend that the OLCC approve the Liquor License Application for El Pari-ente Mariscos y Mas LLC. C. Liquor license application for Los Del Puerto Marisqueria LLC 33 Recommended Action: Recommend that the OLCC approve the Liquor License Application for Los Del Puerto Marisqueria LLC. D. Building Activity for April 2025 35 Recommended Action: Receive the report. E. Acceptance of a Public Utility Easement and Right of Way at 1140 N 36 Pacific Highway (Tax Lots 051 W08DC00700 & 401) Recommended Action: Authorize the acceptance of a Public Utility Easement (PUE) and right of way from the SPF Drop LLC, for real property at 1140 N Pacific Highway, and identified as Tax Lots 051 W08DC00700 &401 . 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS None. 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. 3278 - An Ordinance Annexing Approximately 32.2 45 Acres of Territory Known as the Schwenke/Vezey Property with no Street Address Along the East Side of S. Boones Ferry Rd South of Iris Street (ANX 24-02), in Marion County, Oregon Recommended Action: Adopt the Ordinance. May 12, 2025 Council Agenda Page ii B. Council Bill No. 3279 - An Ordinance Amending the Woodburn 55 Zoning Map to Designate Zoning of Approximately 32.2 Acres of Annexed Territory with no Street Address Located Along the East Side of S. Boones Ferry Rd South of Iris Street, as Residential Single Family (RS) Zoning District Recommended Action: Adopt the Ordinance. C. Final Order for the "Mill Creek II" subdivision. 62 Recommended Action: Authorize the mayor to sign the final decision document. D. Award of Construction Contract for the Boones Crossing Park Project 158 Recommended Action: Award a construction contract for the Boones Crossing Park Project to the lowest responsible and responsive bidder, GT Landscape Solutions in the amount of $1,070,276.13, with an additional $107,000.00 for contingency, and authorize the City Administrator to sign the Agreement. E. Award of Construction Contract for the replacement of the 161 Supervisory Control and Data Acquisition (SCADA) at the Wastewater Treatment Plant Recommended Action: Award the construction contract for the Wastewater Treatment Plant SCADA Replacement Project to the lowest responsible and responsive bidder, Taurus Power and Controls, in the amount of $86,858.00. Staff recommends approving an additional $5,000 for this project as a contingency for potential change orders that may arise during construction totaling $91 ,858. 12. 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. A. Council Briefing of Planning Commission approval of a Modification 163 of Conditions for the US Market Gas Station and related to the number of fuel pumps at 2115 Molalla Rd (MOC 25-01) Recommended Action: Staff recommends that the City Council take no action on this item and provides this summary pursuant to Woodburn Development Ordinance (WDO) Section 4.02.07. The Council may call up this item if desired and, by majority vote, initiate a review of the Planning Commission decision. B. Council Briefing on a Design Review application for a food truck pod 165 at 237 N. Front St. (DR 25-03) May 12, 2025 Council Agenda Page iii Recommended Action: Staff recommends that the City Council take no action on this item and provides this summary pursuant to Woodburn f:::)c::vc:: qp irrenr Ordinance (WI:::)0) Section 4.02.02. The Council may call up this item if desired and, by majority vote, initiate a review. 13. CITY ADMINISTRATOR'S REPORT 14. MAYOR AND COUNCIL REPORTS 15. EXECUTIVE SESSION None. 16. 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ROLL CALL Mayor Lonergan Present Councilor Cantu Present Councilor Cornwell Present Councilor Schaub Present Councilor Grijalva Present Councilor Wilk Present Staff Present: City Administrator Derickson, City Attorney Granum, Assistant City Administrator Row, Economic Development Director Johnk, Special Projects Director Wakely, Community Development Director Kerr,Public Works Director Stultz,Police Chief Millican, Community Services Director Cuomo, Assistant City Attorney Killmer, Public Affairs and Communications Manager Guerrero, Finance Director Turley, Community Relations Manager Herrera, Senior Planner Cortes, City Recorder Pierson WARD 1 VACANCY Mayor Lonergan read a statement from Lilia Brizuela resigning her position as City Councilor in Ward 1. Mayor Lonergan thanked her for her work on the Council. Mayor Lonergan announced that there is currently a vacancy and that he has compiled a shortlist of potential candidates. He expressed appreciation to Councilor Cantu for her involvement in the process. Mayor Lonergan stated that he intends to present a nominee at the next meeting and will seek the Council's favorable approval to move forward. ANNOUNCEMENTS Mayor Lonergan announced that the Cinco de Mayo celebration, traditionally hosted by Chemeketa, will take place in Woodburn this weekendFriday, Saturday, and Sunday. He extended an invitation to the residents of Woodburn and surrounding communities to attend and enjoy the festivities celebrating local culture. Mayor Lonergan also announced that the second regular Council meeting in May falls on Memorial Day and as a result, that meeting will be canceled. The May 12th meeting will be the only Council meeting in May. PRESENTATIONS Liberty House Thank You to the Woodburn Police Department—Cameron Wolfer,Assistant Chief Executive Officer with Liberty House and the Marion County Child Abuse Multidisciplinary Team Coordinator, and Alison Kelley, CEO of Liberty House,provided a presentation recognizing the strong Page 1 - Council Meeting Minutes, April 28, 2025 26 COUNCIL MEETING MINUTES APRIL 28, 2025 partnership between the Woodburn Police Department and Liberty House. They expressed deep gratitude for the department's leadership, collaboration, and dedication to child safety,which played a key role in Liberty House receiving national accreditation earlier this year from the National Children's Alliance. In appreciation, Liberty House presented Police Chief Millican and the Woodburn Police Department members with a framed award to formally thank them for their continued service and partnership in protecting vulnerable children. Promotion of Ben Ward—Mayor Lonergan noted that the promotion of Ben Ward has been moved and will now take place at a June 9, 2025, City Council Meeting. Highway 99E Pedestrian Safety Project (ODOT) — Jenna Berman with ODOT provided a presentation on the Woodburn Urban Design Verification Study, which focuses on assessing the need for new crossings and sidewalks to enhance safety along the 99E corridor. She reported that the team has completed a review of the corridor's background and needs and has identified potential improvements. The study is now entering the community feedback phase. Initial recommendations for improvements were presented. Public engagement efforts will include an online survey running from April 29 to May 16, 2025, in-person outreach during the Chemeketa Cinco de Mayo Festival on May 4, 2025, and targeted outreach to local businesses and the transit district. Darcy Ruef and Mark Bigej, 1220 N. Pacific Highway, expressed concerns regarding the proposed placement of crosswalks on Highway 99E, noting that the installation may negatively impact their business by interfering with vehicle access for both cars and trucks entering and exiting the property. Farmworker Housing Development Corporation (FHDC) — Carmen Fernandez, FHDC Housing Development Manager, and Jorge Alvarado, Programs and Asset Building Manager, provided a brief overview of FHDC, including its origins, a summary of its mission and services, a list of current properties under management, and the supportive services offered to residents. Carmen Fernandez discussed the Young Street project and noted that the site is considered ready for development with existing infrastructure, and they aim to apply for OHCS funding,though details are still being finalized. Current plans for a 94-unit complex will be revised to meet OHCS standards, including adjustments to unit sizes and a likely reduction of studio units, which are difficult to rent at lower income levels. She added that FHDC specializes in two- and three-bedroom family units and is also considering including transitional housing, similar to their Salem project for domestic violence survivors. She added that she anticipates that the Young Street project will take approximately two to two and a half years from funding application. City Administrator Derickson clarified that, by consensus, the City Council supports moving forward with signing an agreement the City Attorney will prepare that formalizes site control and outlines the City's role in the project and that the full project proposal will be brought back to the Council for formal approval before any further action is taken. CONSENT AGENDA A. Woodburn City Council minutes of April 14, 2025, B. Acceptance of a Public Utility Easement at 1776 Newberg Highway (Tax Lot 051 W07CB08300), C. Monthly Financial Report. Motion: Schaub/Cantu... approve the consent agenda as presented. Page 2 - Council Meeting Minutes, April 28, 2025 27 COUNCIL MEETING MINUTES APRIL 28, 2025 The Motion passed with the following vote: Councilors Schaub, Cornwell, Wilk, Grijalva, and Cantu voting "aye." [5-0] PUBLIC HEARINGS Community Development Block Grant COVID-19 funding closeout for Emergency Housing Assistance program Mayor Lonergan declared the hearing open at 8:17 p.m. for the purpose of hearing public input on the Community Development Block Grant COVID-19 funding closeout for Emergency Housing Assistance program. Special Projects Director Wakely provided a staff report. Community Relations Manager Herrera and Community Services Director Cuomo provided information on how the funds were used. Director Wakely added that the City received a clear monitoring report from Business Oregon. Mayor Lonergan asked if any member of the public wished to speak in support of the Community Development Block Grant COVID-19 funding closeout for Emergency Housing Assistance program. 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 Community Development Block Grant COVID-19 funding closeout for Emergency Housing Assistance program. No members of the public wished to speak in opposition. Mayor Lonergan closed the hearing at 8:25 p.m. Annexation of Approximately 32.2 Acres of Territory Known as the Schwenke/Vezey Property with no street address along the east side of S. Boones Ferry Rd south of Iris Street(ANX 24-02) and Approval of Related Land Use Applications for the Mill Creek II Subdivision Mayor Lonergan declared the hearing open at 8:25 p.m. for the purpose of hearing public input on the annexation of approximately 32.2 acres of territory known as the Schwenke/Vezey Property with no street address along the east side of S. Boones Ferry Rd south of Iris Street(ANX 24-02) and approval of related land use applications for the Mill Creek H Subdivision. Mayor Lonergan asked if there were any declarations from the Council and there were none. City Recorder Pierson read the public hearing statement. Senior Planner Cortes provided a staff report. For the applicant Hayden Wooten, Senior Land Use Planner with Emerio Design thanked staff for the report and that he was available for any questions. Harlan Borow with Icon Construction and Development provided an exhibit to City Council and explained his concerns with the median. There was discussion on where the median would be located and whether it would be continuous. Mayor Lonergan asked if any member of the public wished to speak in support of the annexation of approximately 32.2 acres of territory known as the Schwenke/Vezey Property with no street address along the east side of S. Boones Ferry Rd south of Iris Street(ANX 24-02)and approval of related land use applications for the Mill Creek H Subdivision. 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 annexation of approximately 32.2 acres of territory known as the Schwenke/Vezey Property with no street address along the east side of S. Boones Ferry Rd south of Iris Street (ANX 24-02) and approval of related land use applications for the Mill Creek H Subdivision. No members of the public wished to speak in opposition. Mayor Lonergan closed the hearing at 8:47 p.m. Motion: Schaub/Wilk... tentatively approve the land use applications with the conditions that the Planning Commission recommended, directing staff to prepare and submit ordinances and a final land use decision for consideration at the next City Council meeting. Page 3 - Council Meeting Minutes, April 28, 2025 28 COUNCIL MEETING MINUTES APRIL 28, 2025 On roll call vote the Motion passed with the following vote: Councilors Schaub, Cornwell, Wilk, Grijalva, and Cantu voting "aye." [5-0] CALL-UP BRIEFING: PUBLIC ARTS AND MURAL COMMITTEE APPROVAL OF THE BISON ANTIQUUS ART PROJECT (PAMC 2025-01) The Council declined to call this item up. CITY ADMINISTRATOR'S REPORT The City Administrator reported the following: • Thanked City Council and the Budget Committee members for attending the budget meeting on Saturday. • Woodburn Clean-up took place on Saturday and there were 110 volunteers. • Today marked the first round of interviews for our police chief candidates. We aim to complete the review and interview process within the next two weeks or so. MAYOR AND COUNCIL REPORTS Councilor Wilk stated that City staff are a pleasure to work with. Councilor Cantu stated that the budget meeting went well and thanked staff for a job well done on the budget. Councilor Grijalva stated that she appreciates all the learning that is taking place for her over the last few months. Councilor Schaub commended staff for their excellent work on the budget. She also provided an update on a recent meeting she and Councilor Wilk had with the City's lobbyist. Additionally, she spoke with the lobbyist earlier today regarding the legislative forecast as it relates to the ongoing budget process. One item of note discussed was Senate Bill 916, which proposes providing unemployment benefits to union strikers. City Administrator Derickson stated that he also spoke with Zach Reeves about one particular bill that dealt with land use carve outs for UGB that supports housing and he will update the legislative committee on that. Councilor Cornwell asked Community Development Kerr how many more housing units we are going to build. Community Development Director Kerr answered that we are going to keep seeing construction of units but we are filling up in terms of residential land. Councilor Cornwell stated that on May 131h at 6:00 p.m. Operation Lifesaver organization will be Page 4 - Council Meeting Minutes, April 28, 2025 29 COUNCIL MEETING MINUTES APRIL 28, 2025 providing a workshop on railroad safety. Mayor Lonergan stated that the City received notice that our UGB was accepted. ADJOURNMENT Motion: Schaub/Cornwell... move to adjourn. The Motion passed with the following vote: Councilors Schaub, Cornwell, Wilk, Grijalva, and Cantu voting "aye." [5-0] Mayor Lonergan adjourned the meeting at 9:05 p.m. APPROVED FRANK LONERGAN, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 5 - Council Meeting Minutes, April 28, 2025 30 RRY��ry/1� fun.- May 12, 2025 TO: Honorable Mayor and City Council through City Administrator THRU: Jason Millican, Chief of Police FROM: Keith Kimberlin, Lieutenant SUBJECT: Liquor License Application for El Pariente Mariscos y Mas LLC. RECOMMENDATION: Recommend that the OLCC approve the Liquor License Application for El Pariente Mariscos y Mas LLC. BACKGROUND: Applicant: El Pariente Mariscos y Mas LLC 154 Harrison Street Woodburn, OR 97071 503-756-6635 Point of Contact: Jose Molina 20170 SW Mountain Home Road Sherwood, OR 97140 503-756-6635 Business: El Pariente Mariscos y Mas 154 Harrison Street Woodburn, OR 97071 503-756-6635 Owner(s): Jose Molina Agenda Item Review: City Administrator_x City Attorney_x Finance_x_ 31 Honorable Mayor and City Council May 12, 2025 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 April 15, 2025, the Woodburn Police Department received an application for Limited On-Premises liquor license for El Pariente Mariscos y Mas. The business will be opening as a new outlet, and is a restaurant style business food cart, with outdoor seating for 24. The hours of operation are 1 lam to 8pm Sunday to Saturday. There is no entertainment listed for the location. 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 El Pariente Mariscos Y Mas, and the listed owner, Jose Molina. Their information was run through various police databases and business-related databases. Jose Molina holds a valid Oregon driver's license with a previous conviction in 2013 for DUII that went to diversion. No other items of concern were located during the check. The application is for a new restaurant style business food cart. FINANCIAL IMPACT: None 32 RRY��ry/1� fun.- May 12, 2025 TO: Honorable Mayor and City Council through City Administrator THRU: Jason Millican, Chief of Police FROM: Keith Kimberlin, Lieutenant SUBJECT: Liquor License Application for Los Del Puerto Marisqueria LLC. RECOMMENDATION: Recommend that the OLCC approve the Liquor License Application for Los Del Puerto Marisqueria LLC. BACKGROUND: Applicant: Los Del Puerto Marisqueria LLC 405 N. Front Street Suite 1 1 1 Woodburn, OR 97071 503-995-8701 Point of Contact: Irma Lilia Nocedal Vasquez 15334 Woodburn Monitor Road Woodburn, OR 97071 503-995-8701 Business: Los Del Puerto Marisqueria 405 N. Front Street Suite 1 1 1 Woodburn, OR 97071 503-995-8701 Owner(s): Irma Lilia Nocedal Vasquez Agenda Item Review: City Administrator_x City Attorney x_ Finance_x_ 33 Honorable Mayor and City Council May 12, 2025 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 April 15, 2025, the Woodburn Police Department received an application for Limited On-Premises liquor license for Los Del Puerto Marisqueria. The business will be opening as a new outlet and is a restaurant-style business with seating for 15 and a common area with other businesses. The hours of operation are 9am to 9pm Sunday, 9am to midnight Monday to Thursday, and 9am to 2am Friday and Saturday. There is no entertainment listed for the location. 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 Los Del Puerto Marisqueria, and the listed owner, Irma Lilia Nocedal Vasquez. Their information was run through various police databases and business-related databases. Nocedal Vasquez 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. Nocedal Vasquez also stated that she is the owner of Tienda Mexicana Monte Alban at 311 N. Front Street Suite B in Woodburn, OR. FINANCIAL IMPACT: None 34 CITY OF WOODB URN Community Development Department MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503)982-5246 Date: May 1, 2025 To: Chris Kerr, Community Development Director From: Melissa Gitt, Building Official Subject: Building Activity for April 2025 2023 2024 2025 No. Dollar Amount No. Dollar Amount No. Dollar Amount Single-Family Residential 4 $1,159,515 7 $2,316,615 10 $3,012,034 Multi-Family Residential 0 $0 0 $0 0 $0 Assisted Living Facilities 0 $0 0 $0 0 $0 Residential Adds & Alts 12 $100,141 14 $193,712 9 $154,304 Industrial 0 $0 0 $0 0 $0 Commercial 4 $2,280,000 26 $4,317,102 7 $380,578 Signs and Fences 1 $18,303 1 $8,061 0 $0 Manufactured Homes 0 $0 0 $0 0 $0 TOTALS 21 $3,557,959 48 $6,835,490 26 $3,546,916 Fiscal Year to Date $86,264,006 $99,186,902 $160,268,972 Jul 1 —June 30 *Totals Reflect Penuit Valuation I:ACormnunity Development\Building\BuildingActivity\B1dgAct-2025-4April.doc 35 Ig -,49W& WWODBURN Inc orpornreA 1889 May 12, 2025 TO: Honorable Mayor and City Council through City Administrator FROM: Curtis Stultz, Public Works Director SUBJECT: Acceptance of a Public Utility Easement and Right of Way at 1140 N Pacific Highway (Tax Lots 051 W08DC00700 & 401) RECOMMENDATION: Authorize the acceptance of a Public Utility Easement (PUE) and right of way from the SPF Drop LLC, for real property at 1 140 N Pacific Highway, and identified as Tax Lots 051 W08DC00700 &401 . BACKGROUND: Per the conditions of the Planning Commission's Final Decision for the Les Schwab Tire Center Modernization Project, dated January 23, 2025, the developer is required to grant a streetside PUE and right of way to the City. DISCUSSION: The easement and right of way under consideration are summarized in the table below: DEDICATED USE LOCATION SIZE Public Utility Easement 1 140 N Pacific Hwy (99E) & Hardcastle 3,868 sq. ft. Ave Frontage Right of Way Hardcastle Ave Frontage 2,044 s . ft. The 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. FINANCIAL IMPACT: There is no cost to the City for this easement. Agenda Item Review: City Administrator x_ City Attorney_x Finance_x_ 36 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 DEDICATION DEED (RIGHT OF WAY) SFP Drop, LLC a Delaware limited liability company , Grantor, does hereby grant to the CITY OF WOODBURN, a municipal corporation of the State of Oregon, Grantee,the following real property situated in the County of Marion, State of Oregon,to be used and held by the City of Woodburn for public street, road, right-of-way, and utility purposes, bounded and described as follows: See attached EXHIBIT A Legal Description; and See attached EXHIBIT B Drawing for Legal Description. The true consideration for this conveyance is: $ 0.00 (zero) the receipt and sufficienc of which is hereby acknowledged by GRANTOR GRANTOR hereby covenants to GRANTEE that GRANTOR is the fee title owner of the above described real property, free from all encumbrances, that GRANTOR has the right to convey the property to GRANTEE, and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the title to the property against all lawful claims and demands whatsoever. Dated this day of _ww P 2025 April ..... GRANTOR SFP Drop, LLC By: Die�tri b ar Title: Vice Pr' sident City of Woodburn-DEED OF DEDICATION Page 1 of 2 37 State of Oregon ) ) ss. County of Deschutes ) This instrument was acknowledged before me on this .ITITday of April _._. 2025 (day) (month) (year) by Dietrich Haar as Vice President (Signer's Name) (Title;write N/A if not applicable) of SFP Drop, LLC (Name of Entity of whose behalf record is executed;write N/A if not applicable) .4 n ' ij, OFFICIAL STAMPNotary Public for Oregon NOTARY PUBLIC-OREC ON My Commission Expires 08/04/2026 COMMISSION NO.10 6972 _... MY COMMISSION EXPIRES AUGUST 4,2026 GRANTEE'S ACCEPTANCE By Signature below,the City of Woodburn, Oregon, hereby accepts this dedication pursuant to ORS 92.014. 1 y• W ___ Title: State of Oregon ) ss. County of Marion ) This instrument was acknowledged before me on , by Scott Derickson, City Administrator of the City of Woodburn, acting under authority granted to him by the Woodburn City Council. Notary Public for Oregon My Commission Expires City of Woodburn-DEED OF DEDICATION Page 2 of 2 38 K & D ENGINEERING, Inc. Engineers • Planners • Surveyors EXHIBIT "A" Legal Description Right-of-Way Dedication Portions of tax lots 401 & 700 of Marion County, OR Assessor Map 15-1 W-08DC A 6.00 foot wide strip of land located over the Tracts and parcels conveyed to SFP Drop, LLC, a Delaware limited liability company, by Statutory Warranty Deed recorded in Reel 4284, Page 41 in the Marion County, Oregon Deed Records on December 31, 2019 (hereinafter referred to as the "SRP Drop LLC Properties") said strip of land being more particularly described as follows: Beginning at the southeast corner of Parcel 2 of Partition Plat Number 93-27. a partition plat recorded in the Marion County, Oregon Record Book of Partition plats on April 12, 1993; thence along the boundary lines of said SRP Drop LLC Properties the following two (2) courses: 1) North 86°26'31" West 327.34 feet; 2) thence North 27°24'35" West 13.39 feet; thence North 32°21'00" East 6.95 feet; thence South 27°24'35" East 13.50 feet; thence South 86°26'31" East 327.21 feet to a point on the east line of said Parcel 2; thence South 32°03'26" West 6.83 feet to the Point of Beginning. Containing 2,044 square feet of land, more or less. REGISTERED PROFESSIONAL LAND SURVEYOR r"�r OR EGO JIJLY , 200200 JOE J.COT 1 RENEWS: 3 n- 6- 276 N.W. Hickory Street P.O. Box 725 Albany, OR 97321 • (541) 928-2583 • Fax: (541)967-3458 39 EXHIBIT "B" LEGEND: RIGHT-OF-WAY DEDICATION I RIGHT—OF—WAY 2,044 SQUARE FET DE DILATION HA A TLE AVENUE LOCATED AT 01 DEDICATION LINE DATA, 1140 N. PACIFIC HIGHWAY 99E 5EE "LINE DATA LI5T" 1735 HARDCASTLE AVE., WOODBURN N P.O.B. POINT OF BEGINNING SE 1/4, SEC. a, T. 5 5., R. 1 W., W.M. P.P. PARTITION PLAT MAR) COUNTY, OREGON W e 4) MAY 1, 2025 5 0 80 1GO FT. SCALE: 1" = 80' LINE DATA L15T, 0 N27024'35"W 13.39' 0 N32021'00"E G.95' / 03 527024'35"E 13.50' / 0 532°03'2G"W G.83' / / TAX LOT 700 TAX LOT 401 MAP 55-1W-08DG / (MAP 55-1W-08DG) RIGHT-OF-WAY DEDICATED BY 5EPARATE DOCUMENT / SRP DROP LL C PROPERTIES / REEL 4284, PAGE 41 z / 3 -� 58 0 G'31'E 3 4 27.21 1 � � N8Ge2G'31"W 327.34' HA ASTLE AVE. ---- 5OUTHEA5T CORNER / OF PARCEL 2 OF P.P. 93-27 REGISTERED PROFESSIONAL ND URVEYOR OON JU�:I, 2002 JOCOTA 1 LS K & D 8NG G, Inc. I?etao 5/g/202�i Time 11�12 �� 276 NX Hickory street P.O. Bo: 725 Scale, 1=1(P5) Renews: 12 31 25 Albany, Ur on aT921 Fier dW L/ (�41)g\2025\25-5G\25-5G-ex.dwg (George) ezr-a6e9 40 AFTER RECORDING RETURN TO,- Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS SFP Drop, LLC, a Delaware limitied liability company GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a 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 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 CITY. No building or utility shall be placed upon, under, or within the property subject to the foregoing easement during the term thereof, however, without the written permission of 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 ( 0.00 ), 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, through, or under GRANTOR. DATED this day of May 20 BY: Die ih Haar Vice President Public Utility Easements (Permanent) Page 1 of 4 41 CORPORATE ACKNOWLEDGEMENT STATE OF OREGON, County of DESCHUTES) ss. The foregoing instrument was acknowledged before me this day of May 2025 by Dietrich Haar as Vice President of 3FP Drop, LLC, a Delaware limitied liability company -moo po a io 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. -------------- OFFICIAL TAMP NOTARY PUBLIC FOR OREGON COMMISI1026972PUBLIC-OREGON ]2026 M Commission Expires; 08/04/2026 102 Y MY COMMISSION EXPIRESAUGUST4 City of Woodburn 270 Montgomery Street Woodburn, OR 97071 (Grantee's Name and Address) 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 42 K & D ENGINEERING, Inc. Engineers • Planners • Surveyors EXHIBIT "A" Legal Description Public Utility Easement Portions of tax lots 401 & 700 of Marion County, OR Assessor Map 15-1 W-08DC A variable width strip of land located over the Tracts and Parcels conveyed to SFP Drop, LLC, a Delaware limited liability company, by Statutory Warranty Deed recorded in Reel 4284, Page 41 in the Marion County, Oregon Deed Records on December 31, 2019 (hereinafter referred to as the "SRP Drop LLC Properties") said strip of land being more particularly described as follows: Beginning at a point on the east line of Parcel 2 of Partition Plat Number 93-27. a partition plat recorded in the Marion County, Oregon Record Book of Partition plats on April 12, 1993 said point being thence North 32°03'26" East 6.83 feet of the southeast corner of said Parcel 2; thence parallel to the boundary lines of said SRP Drop LLC Properties the following three (3) courses: 1) North 86°26'31" West 327.21 feet; 2) thence North 27°24'35" West 13.50 feet; 3) North 32°21'00" East 275.92 feet to a point on the north line of said SRP Drop LLC Properties; thence South 86°40'51" East, along said north line, 11.44 feet; thence South 32°21'00" West 165.41 feet; thence North 56°56'35" West 4.80 feet; thence South 32°52'20" West 91.10 feet; thence South 56°47'48" East 5.62 feet; thence South 32°21'00" West 19.19 feet; thence South 27°24'35" East 7.92 feet; thence South 86°26'31" East 46.52 feet; thence South 56°42'42" East 8.21 feet; thence North 32°11'13" East 4.64 feet; thence South 86°26'31" East 106.70 feet; thence South 03°37'42" West 2.02 feet; thence South 86°20'36" East 60.24 feet; thence north 03°37'09" East 2.12 feet; thence South 86°26'31" East 98.45 feet to a point on the east line of said parcel 2; thence South 32°03'26" West 5.69 feet to the Point of Beginning. REGISTERED Containing 3,868 square feet of land, more or less. PROFESSIONAL LAND SURVEYOR JULY ,2002 J. COT 1 RENEWS: l - 1p 276 N.W. Hickory Street P.O. Box 725 Albany, OR 97321 (541) 928-2583 • Fax: (541)967-3458 43 EXHIBIT NB" LEGEND: PU L I C UT I L I TY EA 5EMENT El PUBLIG UTILITY EASEMENT LOCATED AT l 3,8G8 5QUARE FEET 1140 N. PACIFIC HIGHWAY 99E EASEMENT LINE DATA, 1735 HARDCA5TLE AVE., WOODBURN 5EE "LINE DATA L15T" 5E 1/4, 5EC. S, T. 5 5°, R. 1 W., W.M. MARION COUNTY, OREGON P.O.B. POINT OF BEGINNING MAY 1, 2025 P.P. PARTITION PLAT REGISTERED PROFESSIONAL LINE DATA L15T, N LAND S,, RVEYOR N32003'26"E 6.83' W E OREGON 0 N27024'35"W 13.50' 4� O S 50 100 FT. uLY 9, 2002 JOE J. COTA 43 5BG°40'51"E 11.44' 58561LS U4 N5G°5G'35"W 4.50' SCALE: 1" = 50' Renews: 12 31 25 3 55G°47'48"E 5.G2' 532°21'00"W 19.19' 527°2435"E 7.92' RIGHT-OF-WAY DEDIGATED / 0 58G°2G'31"E 4G.52' BY SEPARATE DOGUMENT 55G°42'42"E 8.21' N32°11'13"E 4.G4' 503°37'42"W 2.02' / ,tyl C7 0 58G°20'3G"E GO.24' ry ® NO3°37'09"E 2.12' TAX LOT 700 I ryh„/ MAP 55-1W-OSDG 532°03'26"W 5.69' 4 SRP DROP LL C PROPERTIES / REEL 4284, PAGE 41 / p / ryIV / 5 TAX LOT 401 G fMAP 55-1W-05DO 7 9 58G92G131"E 106.70' — ------- HARDCASTLE AVE. 50UTHEAST CORNER 1 -------- OF PARGEL 2 OF P.P. 93-27_ Date, 5/2/2025 Time: 10:49 $ & D ENGDMMG. Inc. --- Scale° 1g1(PS) 278 N.B. Hickory Street P.O. Bo: 725 Aibanp, Or on 97321 Fie- dwg\2025\25-56\25-56-ex.dwg (George) D (g4i) 92�-2588 44 Y ry .49w Ire B V' P ri,e�arrt rr rf 1R'!87 May 12, 2025 TO: Honorable Mayor and City Council through City Administrator FROM: Chris Kerr, Community Development Director SUBJECT: Ordinances enabling annexation of approximately 32.2 Acres of territory known as the Schwenke/Vezey Property with no street address along the east side of S. Boones Ferry Rd south of Iris Street (ANX 24-02); rezone of the newly annexed territory as Residential Single Family (RS); and approval of Final Order for the "Mill Creek II" subdivision. RECOMMENDATION: Adopt the attached ordinances and authorize the mayor to sign the final decision document. BACKGROUND: On April 28, 2025, the City Council voted to tentatively approve the annexation and associated applications for the "Mill Creek II" subdivision and directed staff to prepare Ordinances and a Final Order for their consideration at the next available meeting. Consistent with the Council direction, the Final Order includes all the Conditions of Approval recommended by City Staff. Attachments: 1 . Ordinance to annex A. Exhibit A: Legal Descriptions & Maps B. Exhibit B: Analyses & Findings 2. Ordinance to designate City zoning A. Exhibit A: Legal Descriptions & Maps B. Exhibit B: Analysis & Findings 3. Final Order and attachments Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance_x_ 45 COUNCIL BILL NO. 3278 ORDINANCE NO. 2636 AN ORDINANCE ANNEXING APPROXIMATELY 32.2 ACRES OF TERRITORY KNOWN AS THE SCHWENKE/VEZEY PROPERTY WITH NO STREET ADDRESS ALONG THE EAST SIDE OF S. BOONES FERRY RD SOUTH OF IRIS STREET (ANX 24-02), IN MARION COUNTY, OREGON WHEREAS, the subject properties are owned by Greg I Schwenke and Nancy R Vezy, and are legally described and mapped in Exhibit "A", which is affixed hereto and by this reference incorporated herein; and WHEREAS, the subject properties are Marion County Tax Lots 051 W 19B000600, 051 W 19B000700 and 051 W 19B000800; and WHEREAS, consistent with Oregon Revised Statutes (ORS) 222.1 1 1 (2) the owner of real property in the territory to be annexed initiated by petition a proposal for annexation, a copy of the petition being on file with the City Recorder (ANX 24-04); and WHEREAS, the applicant, Icon Construction and Development ("Icon"), obtained written consent from the owners of the territory and has requested annexation of the subject properties; and WHEREAS, the properties to be annexed are within the City Urban Growth Boundary (UGB); and WHEREAS, the properties to be annexed are contiguous to the City and can be served with City services; and WHEREAS, on April 10, 2025, the Woodburn Planning Commission considered the annexation application and, after a duly advertised public hearing, recommended approval of the annexation with conditions; and WHEREAS, on April 28, 2025, the Woodburn City Council held a public hearing, reviewed the record, heard all public testimony presented on said application, and upon deliberation concluded that the proposed annexation meets the applicable approval criteria under City of Woodburn Development Ordinance (WDO) 5.04.01 C; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Page - 1 - Council Bill No. 3278 Ordinance No. 2636 46 Section 1. That the subject properties, legally described and mapped in Exhibit "A", are annexed to the City of Woodburn. Section 2. That the City Council adopts the Analysis & Findings, affixed hereto as Exhibit "B" and by this reference incorporated herein. 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. 3278 Ordinance No. 2636 47 ,41 eldi CENTERLINE CONCEPTS LANLD & I KiNG Afr_ 19376 Molalla Avenue, Ste. 120, Oregon City, OR 97045 P. 503-650-0188 F. 503-650-0189 Exhibit "A" Annexation Legal Description A Tract of land being all those tracts of land described in Deed Reel 1243, Page 272 (consists of three Tax Lots), Marion County Deed Records, together with a portion of Boones Ferry Road, aka Market Road 38 (a 60.00 foot wide right of way), located in the northwest one-quarter of Section 19, Township 5 South, Range 1 West and the northeast one-quarter of Section 24, Township 5 South, Range 2 West of the Willamette Meridian, Marion County, Oregon, being more particularly described as follows-. BEGINNING at the southwest corner of Parcel 1, Partition Plat Number 2018-057, Marion County Plat Records, being on the easterly right of way line of said Boones Ferry Road- thence along the south line of said Parcel 1, and continuing along the south line of the plats of':Boones Crossing Phase 5 PUD" and "Boones Crossing Phase 4 PUD", Marion County Plat Records, South 89128'02" East, 2018.28 feet +/- to the west line of that tract of land as described in Deed Reel 138, Page 510, Marion County Deed Records; thence along the west line of said Deed, and continuing along the west lines of those tracts of land as described in the following: Deed Reel 4682 Page 345, Deed Reel 2329 Page 389, and Deed Reel 4181 Page 41, all of Marion County Deed Records, South 0000342" East, 693.15 feet +/- to a point on the north line of that tract of land as described in Deed Reel 3126, Page 150, Marion County Deed Records; thence along said north line, North 89128'02" West, 1858.66 feet +/- to the east line of that tract of land as described in Deed Reel 4260, Page 378, Marion County Deed Records; thence along said east line, and continuing along the east line of that tract of land as described in Deed Reel 2235, Page 97, Marion County Deed Records, North 00103'42" West, 200.01 feet +/- to the northeast corner thereof; thence along the north line of said Deed Reel 2235, Page 97, North 89128'02" West, 113.52 feet +/- to the southeast corner of that tract of land as described in Deed Reel 4514, Page 62, Marion County Deed Records; thence along the east line thereof, North 24033'18" East, 64.70 feet +/-to the northeast corner thereof; thence along the north line of said Deed and the westerly extension thereof, North 89028'02" West, 336.69 feet to the westerly right of way line of Boones Ferry Road (a 60'wide right of way); thence along the westerly right of way line of said Boones Ferry Road, North 24133'18" East, 475.17 feet +/-to its intersection with the westerly extension of the south line of said Parcel 1 _,,F;J R W E v of Partition Plat No. 2018-057; thence along the westerly extension of the south line of said Parcel 1, South 89028'02" East, 65.69 feet +/-to the POINT OF BEGINNING. 4 Contains 32.94 acres, more or less, 117'), ?"V711 M:\PR0JECTS\1C0N-B00NES FERRY RD NE-1760\A DMIN\DOCU MEN TS\LEGALS\ANNEXAT10N.doc "'xhHl)lt A: II..egall ll)esciru Aon IIMaps 48 NOLI VX3NNv -,4nOlrD7 '5mP*NOLL VX3NNV--LlaiHX3\-'W(7\09Z I-3N 08 A&83J S3NOO8-NOO1\S1031'0,Yd\-H '-DZi-'Ol - *ZW-1601Z -Pan Old rSLd369LO'099TO9 XVJ NtO'099'09 3NOHd o®1-,agus "0 9VOL6 WOW '),LIO N00380 1-401 'ON.03HS *0- On 3i;ns ',3Av v-i-lviovq gim Ho -XLNnoallo1yvN 'Nynaaoom-mAilo m 'ON1'DANIA-gAynsONV7 AWN -:4 9 NM VdYG C ONOO 3NI783IN30 NOII VX3NN V PF,70,/B/Z _3L Va 'O/Ho , 7, On 1191HX3 Nool 1N3170 V,(i M Nv 110,"NO CO U) Zk 8 LU �K W) �Fgvm 3.e*,raoos Cl "fill 0 L, Lu Q T, 0 Z LC Lk-j j c vi :S(i -Cc LLJ :,: mv Q Z CY) 0 S) LLJ �z at (3 0 0 LAj 0 (3 LA. Lw go Ik C Q3 (3 4 "-s Qr cr--3: )K U)w j Nc) N C)('4 2 Q�n, cr- QC N N*N C\l V-1 lz� �- -N C) z Q.05 ui CL >- ,*LLJ Z ui 00 Lu 0> ZO-JV) NO-J LJ W cr ,0 M m V) V) LLJ UJ D LLJ V) (-) 0 LL 0 41 WOO 0) o Dm Q) z LLJ < LJ LIN, z z Uj 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 September 3, 2024 and revised and additional materials through January 30, 2025 (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 b) Connects existing stub streets,or other discontinuous streets,with another public street. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 4 of 37 I: Ih lHbk t II: i4 n n & [.ln&ngs 50 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. ... 4. The Significant Tree preservation and removal provisions of Section 3.06.07 are applicable to unincorporated territory that is the subject property of an Annexation application. 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(PLIE) 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 24-05) on April 25, 2024. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 5 of 37 51 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 Comprehensive 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: E. Traverse Road (presently a north half-street along the Boones Crossing subdivision signed "South Arterial") borders the easterly north boundary of the subject territory, and S. Boones Ferry Road borders the west boundary, both providing means of access. The annexation legal description and map series include the S. Boones Ferry Road right-of-way (ROW) adjacent to the lots composing the preliminary subdivision area. • Transit: Along either or both roads, 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. Third, 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. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 6 of 37 52 2. The territory is contiguous to the City. Per the Comprehensive 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. The applicant's revised narrative (submitted November 12, 2024, pp. 35-39) addresses the annexation provisions. The Public Works Department comments (April 2, 2025; Attachment 102A) have no objection to annexation, and the theme of the comments is civil engineering plan review for conformance prior to construction of typical public improvements by a developer of the territory to be annexed. 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 August 2, 2024 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. 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 does not meet the guideline that it "should be contiguous to the City on two or more sides". 2) The applicant's narrative (pp. 37-38), though not addressing directly, implies that the territory would not provide more than 5-year supply of housing. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 7 of 37 53 3) The applicant's narrative (p. 37-38) addresses by stating intended conformance with the Transportation System Plan (TSP), and there's no written objection by the Public Works Department to the applicant's narrative. 4) Regarding (a) & (b), as clear from the preliminary plat drawing and tentative site plans, the proposal would led to dedication and improvement of a segment of E. Traverse Road ("South Arterial") and extends from Dahlia and Iris Streets and S. Boones Ferry Road the road and street layout or network to allow for future connections east (ultimately to Brown Street) and south. 5) n/a at least for the Planning Commission hearing because no City Council hearing has yet occurred. 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. The Estates development pre-dates both the WDO original adoption in 2002 through Ordinance No. 2313 as well as the WDO predecessor: the Woodburn Zoning Ordinance [WZO] adopted through Ordinance No. 1344 as well as what was the Woodburn Subdivision Ordinance adopted via Ordinance No. 1066.) 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 corollary subdivision application proposes to dedicate required ROWs, but lacks delineations of the streetside public utility easements (PUEs) that the developer is to grant (minimum 5 ft; maximum 8 ft), failing to meet 2. For the reasons described in the Subdivision Preliminary Approval Provisions section farther below for subdivision criterion 5, staff applies a streetside PUE condition. Vr The annexation criteria are met. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 8 of 37 54 Y ry .49w Ire B V' P ri,e�arrt rr rf 1R'!87 May 12, 2025 TO: Honorable Mayor and City Council through City Administrator FROM: Chris Kerr, Community Development Director SUBJECT: Ordinances enabling annexation of approximately 32.2 Acres of territory known as the Schwenke/Vezey Property with no street address along the east side of S. Boones Ferry Rd south of Iris Street (ANX 24-02); rezone of the newly annexed territory as Residential Single Family (RS); and approval of Final Order for the "Mill Creek II" subdivision. RECOMMENDATION: Adopt the attached ordinances and authorize the mayor to sign the final decision document. BACKGROUND: On April 28, 2025, the City Council voted to tentatively approve the annexation and associated applications for the "Mill Creek II" subdivision and directed staff to prepare Ordinances and a Final Order for their consideration at the next available meeting. Consistent with the Council direction, the Final Order includes all the Conditions of Approval recommended by City Staff. Attachments: 1 . Ordinance to annex A. Exhibit A: Legal Descriptions & Maps B. Exhibit B: Analyses & Findings 2. Ordinance to designate City zoning A. Exhibit A: Legal Descriptions & Maps B. Exhibit B: Analysis & Findings 3. Final Order and attachments Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance_x_ 55 COUNCIL BILL NO. 3279 ORDINANCE NO. 2637 AN ORDINANCE AMENDING THE WOODBURN ZONING MAP TO DESIGNATE ZONING OF APPROXIMATELY 32.2 ACRES OF ANNEXED TERRITORY WITH NO STREET ADDRESS LOCATED ALONG THE EAST SIDE OF S. BOONES FERRY RD SOUTH OF IRIS STREET, AS RESIDENTIAL SINGLE FAMILY (RS) ZONING DISTRICT. WHEREAS, the subject properties are owned by Greg I Schwenke and Nancy R Vezy, and are legally described and mapped in Exhibit "A", which is affixed hereto and by this reference incorporated herein; and WHEREAS, the subject properties are Marion County Tax Lots 051 W 19B000600, 051 W 19B000700 and 051 W 19B000800; and WHEREAS, consistent with Oregon Revised Statutes (ORS) 222.1 1 1 (2) the owner of real property in the territory to be annexed initiated by petition a proposal for annexation, a copy of the petition being on file with the City Recorder (ANX 24-04); and WHEREAS, because the subject properties are already within the Woodburn Urban Growth Boundary (UGB), they have an existing Comprehensive Plan map land use designation of Low Density Residential; and WHEREAS, the landowner as applicant requested that, consistent with Woodburn Development Ordinance (WDO) 5.04.01 .E., the City designate the newly annexed territory as Single Family Residential (RS),which is a zoning district that is consistent with the Comprehensive Plan per Policy Table 1 ; and WHEREAS, this zoning designation is contingent upon annexation of the subject properties to the City of Woodburn, for which the applicant has petitioned and filed the petition with the City Recorder; and WHEREAS, on April 10, 2025, the Woodburn Planning Commission considered the annexation application and, after a duly advertised public hearing, recommended approval of the annexation; and WHEREAS, on April 28, 2025, the Woodburn City Council held a public hearing, reviewed the record, heard all public testimony presented on said application, and upon deliberation concluded that the proposed annexation meets the applicable approval criteria under City of Woodburn Development Ordinance (WDO) 5.04.01 C; NOW, THEREFORE, Page - 1 - Council Bill No. 3279 Ordinance No. 2637 56 THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Upon the effective date of the annexation enacted by Ordinance 2636 being considered contemporaneously with this request, the Woodburn Zoning Map is hereby amended designating the zoning on the subject properties described and mapped in Exhibit "A" as Residential Single Family (RS). 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. 3279 Ordinance No. 2637 57 ,41 eldi CENTERLINE CONCEPTS LANLD & I KiNG Afr_ 19376 Molalla Avenue, Ste. 120, Oregon City, OR 97045 P. 503-650-0188 F. 503-650-0189 Exhibit "A" Annexation Legal Description A Tract of land being all those tracts of land described in Deed Reel 1243, Page 272 (consists of three Tax Lots), Marion County Deed Records, together with a portion of Boones Ferry Road, aka Market Road 38 (a 60.00 foot wide right of way), located in the northwest one-quarter of Section 19, Township 5 South, Range 1 West and the northeast one-quarter of Section 24, Township 5 South, Range 2 West of the Willamette Meridian, Marion County, Oregon, being more particularly described as follows-. BEGINNING at the southwest corner of Parcel 1, Partition Plat Number 2018-057, Marion County Plat Records, being on the easterly right of way line of said Boones Ferry Road- thence along the south line of said Parcel 1, and continuing along the south line of the plats of':Boones Crossing Phase 5 PUD" and "Boones Crossing Phase 4 PUD", Marion County Plat Records, South 89128'02" East, 2018.28 feet +/- to the west line of that tract of land as described in Deed Reel 138, Page 510, Marion County Deed Records; thence along the west line of said Deed, and continuing along the west lines of those tracts of land as described in the following: Deed Reel 4682 Page 345, Deed Reel 2329 Page 389, and Deed Reel 4181 Page 41, all of Marion County Deed Records, South 0000342" East, 693.15 feet +/- to a point on the north line of that tract of land as described in Deed Reel 3126, Page 150, Marion County Deed Records; thence along said north line, North 89128'02" West, 1858.66 feet +/- to the east line of that tract of land as described in Deed Reel 4260, Page 378, Marion County Deed Records; thence along said east line, and continuing along the east line of that tract of land as described in Deed Reel 2235, Page 97, Marion County Deed Records, North 00103'42" West, 200.01 feet +/- to the northeast corner thereof; thence along the north line of said Deed Reel 2235, Page 97, North 89128'02" West, 113.52 feet +/- to the southeast corner of that tract of land as described in Deed Reel 4514, Page 62, Marion County Deed Records; thence along the east line thereof, North 24033'18" East, 64.70 feet +/-to the northeast corner thereof; thence along the north line of said Deed and the westerly extension thereof, North 89028'02" West, 336.69 feet to the westerly right of way line of Boones Ferry Road (a 60'wide right of way); thence along the westerly right of way line of said Boones Ferry Road, North 24133'18" East, 475.17 feet +/-to its intersection with the westerly extension of the south line of said Parcel 1 _,,F;J R W E v of Partition Plat No. 2018-057; thence along the westerly extension of the south line of said Parcel 1, South 89028'02" East, 65.69 feet +/-to the POINT OF BEGINNING. 4 Contains 32.94 acres, more or less, 117'), ?"V711 M:\PR0JECTS\1C0N-B00NES FERRY RD NE-1760\A DMIN\DOCU MEN TS\LEGALS\ANNEXAT10N.doc hHl) t A: II..egaIl II:)escirl�Aon IIMaps 58 NOLI VX3NNv -,4nOlrD7 '5mP*NOLL VX3NNV--LlaiHX3\-'W(7\09Z I-3N 08 A&83J S3NOO8-NOO1\S1031'0,Yd\-H '-DZi-'Ol - *ZW-1601Z -Pan Old rSLd369LO'099TO9 XVJ NtO'099'09 3NOHd o®1-,agus "0 9VOL6 WOW '),LIO N00380 1-401 'ON.03HS *0- On 3i;ns ',3Av v-i-lviovq gim Ho -XLNnoallo1yvN 'Nynaaoom-mAilo m 'ON1'DANIA-gAynsONV7 AWN -:4 9 NM VdYG C ONOO 3NI783IN30 NOII VX3NN V PF,70,/B/Z _3L Va 'O/Ho , 7, On 1191HX3 Nool 1N3170 V,(i M Nv 110,"NO CO U) Zk 8 LU �K W) �Fgvm 3.e*,raoos Cl "fill 0 L, Lu Q T, 0 Z LC Lk-j j c vi :S(i -Cc LLJ :,: mv Q Z CY) Lo 0 S) LLJ �z at (3 0 0 LAj 0 (3 LA. go Ik C Q3 (3 4 "-s Qr cr--3: )K U)w j Nc) N C)('4 2 Q�n, cr- QC N N*N C\l V-1 lz� �- -N C) z Q.05 ui CL >- ,*LLJ Z ui 00 Lu 0> ZO-JV) NO-J LJ W cr ,0 M m V) V) LLJ UJ D LLJ V) (-) 0 LL 0 41 WOO 0) o Dm Q) z LLJ < LJ LIN, z z Uj 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 ZC/ZMC24'O2 comes with annexation in order to assign City zoning, and the proposed zoning district complies with the Comprehensive Plan land use map designations, the criteria are not applicable. Not applicable. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek 11 subdivision S. Boones Ferry Rd—Staff Report Attachmentl02 Page 9of37 Exhibit 3: /\i4�ySiS & Fin&ngS 60 Y ry .49w Ire B V' P ri,e�arrt rr rf 1R'!87 May 12, 2025 TO: Honorable Mayor and City Council through City Administrator FROM: Chris Kerr, Community Development Director SUBJECT: Ordinances enabling annexation of approximately 32.2 Acres of territory known as the Schwenke/Vezey Property with no street address along the east side of S. Boones Ferry Rd south of Iris Street (ANX 24-02); rezone of the newly annexed territory as Residential Single Family (RS); and approval of Final Order for the "Mill Creek II" subdivision. RECOMMENDATION: Adopt the attached ordinances and authorize the mayor to sign the final decision document. BACKGROUND: On April 28, 2025, the City Council voted to tentatively approve the annexation and associated applications for the "Mill Creek II" subdivision and directed staff to prepare Ordinances and a Final Order for their consideration at the next available meeting. Consistent with the Council direction, the Final Order includes all the Conditions of Approval recommended by City Staff. Attachments: 1 . Ordinance to annex A. Exhibit A: Legal Descriptions & Maps B. Exhibit B: Analyses & Findings 2. Ordinance to designate City zoning A. Exhibit A: Legal Descriptions & Maps B. Exhibit B: Analysis & Findings 3. Final Order and attachments Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance_x_ 61 ... FE DBURN Incorporated 1889 Land Use Final Decision City Council File number(s): ANX 24-02; ZMC 24-02; SUB 24-01 Project name: Mill Creek Meadows 2 Decision: Approved with conditions Date of decision: May 12, 2025 Applicant: Icon Construction & Development Landowner: Greg I Schwenke & Nancy R. Vezey Site location: 051W1913000600 (primary), 700, & 800 (no street address) Summary The request is for Annexation, Zone Change and Preliminary Subdivision Plan (a Type IV consolidated application package). Location The proposal is annexation of territory into city limits of the Schwenke/Vezey property of approximately 32.2 gross acres composed of Tax Lots 051W1913000600 (primary), 700, & 800 and adjacent right-of-way (ROW) of S. Boones Ferry Road. The territory is along the east side of the road and the south side of the Boones Crossing subdivision. 62 CAM, r �1 J�riuuuuuuu"'-i i��iuuwuu � i° o r 7e r w r (Vicinity of subject property,subject property outlined in purple) Annexation & Zoning Designation The Comprehensive Plan land use map designates the territory as 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. Subdivision Icon Construction & Development proposes a subdivision of 130 lots. . r � �4'S"A1:Y.eY/v `;/91 181'_e1s�ls�Y raa rP➢ YJa � P4T. I � ;rat !ml ral )p!�94..... d S f'M M e2, eM up Jt8 ➢1] I Y9 i M1 D(6 APT 1pi�vt64� IM I I Sg' 6F ASq 99 W�. rrs IrF lIC r tE rll 1 a an r xnu• „e r .r e v rz yr Ta ra M es es ar m m as xr as v xsr es ec ar sr a a rr �r '" Y ld Jb tl rz Da dP Mfi8 6P A5 bF b1 A4p: R b1 8! .� 49 fi S6 SF .G .fl' i SL 41�. ear h o4 +n v IL "' r � e w .,,• vw x�" 'A7 IiA �9A" VAMAVE -- er u Y> ,r u i � .,14 d➢ d7 ffi PJ PY ES S6 .rxi Y vu of vex rr aB I uma yl i n rr ,i ,mr es,,>f I i. a rNr nV•sn I Ia. I o.vm I m I o My r n ,H rTw ANX 24-02&SUB 24-01—City Council Final Decision Page 2 of 20 63 Staff and the developer worked diligently to produce an excellent site development plan that includes features such as: a. Frontage/street improvements including enhanced public amenities in the form of more street trees and a median along the easterly segment of E. Traverse Road (similar to what would be farther east along the road in the Mill Creek Meadows subdivision); b. Street stubs that allow a logical network for future development to extend; c. Common area improvements such as benches and bicycle paths along subdivision connection and shortcut tracts; d. Traffic calming through concrete crosswalks at select intersection legs along the most direct routes towards the as yet undeveloped park land along Iris Street within the Boones Crossing subdivision; e. Lessened driveway curb cuts through shared driveways along flag lots and lots along shared rear lanes (private alleys); and f. Tree preservation and fees for approved removals of other trees. Planning Commission Recommendation On April 10, 2025, the Planning Commission held a duly noticed public hearing on the consolidated applications and, after taking testimony, voted unanimously to recommend approval of the application package with the conditions of approval recommended in the Commission staff report revised as follows: • Striking Public Works Department Engineering Division Attachment 102A condition A.22; • Revising Condition SUB-3c to make explicit that the E. Traverse Road median will conform with Oregon Fire Code (OFC); and • Striking Condition SUB-6d,which would have required certain narrow lots to share driveways, and requiring forthose 3 blocks identified in green on Commission staff report p. 30, in Exhibit SUB-6d, that the applicant instead provide one tree for every 25 feet of block face instead of one tree for every 30 feet. City Council Hearing On April 28, 2025, the City Council held a public hearing and voted by unanimous decision (5-0 vote) to tentatively approve the consolidated application package with the Planning Commission's recommended conditions of the approval; specifically found in Attachments A ("Planning Commission revised conditions of approval") and B ("Planning Commission revised Attachment 102A Public Works comments, April 22, 2025") of the Staff Memo dated April 28, 2025. The Council concurred with Staff's Analysis and Findings as well as written and verbal testimony provided at the hearing in support of the Planning Commission's recommendation. ANX 24-02&SUB 24-01—City Council Final Decision Page 3 of 20 64 The development applications depend upon adoption of the annexation ordinance (Ordinance No. 2636, adopted May 12, 2025) and zoning designation ordinance (Ordinance No. 2637, adopted May 12, 2025). Testifiers Name Address Planning Commission City Council Written Verbal Written Verbal Hayden Emerio Design LLC x X X X Wooten,Senior 1500 Valley River Dr,Suite 100 Land Use Eugene,OR 97401-2185 Planner Garrett H. Schwabe,Williamson&Wyatt, PC X X Stephenson 1211 SW 5th Ave.Suite 1900 Portland,OR 97204 Harlan Borow, Icon Construction & Development X X Land LLC, 1969 Willamette Falls Dr# Development 260,West Linn,OR 97068. and Acquisitions Manager The final Conditions of Approval and Public Works Comments are restated below for clarity. Conditions of Approval Section references are to the ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,;,,,,,,,,,,,,,,,,,,,,,,,,, ",,,,,,,,,,,,,,,� „ " ,,,,,.,'.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,',,,,,,,(,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,), Woodburn rn C�evelo.[.i 2.f.,,,�;i;�,,,,C��: u��a��c:�W General G1. As part of building permit application, as well as any prior submittal that follows land use approval with conditions and that is necessary to demonstrate conformance with said conditions prior to building permit application, the applicant shall submit revised site plans and revised or additional documentation meeting the conditions of approval and obtain Planning Division approval through sign-off on permit issuance.The applicant shall submit a cover letter indicating what specific plans sheets or document page numbers demonstrate how the submittal meets each condition. G2. The applicant or successors and assigns shall develop the property in substantial conformance with the final plans submitted and approved with these applications, except as modified by these conditions of approval. Were the applicant to revise plans other than to meet conditions of approval or meet building code, even if Planning Division staff does not notice and signs off on building permit issuance, Division staff retains the right to obtain restoration of improvements as shown on an earlier land use review plan set in service of substantial conformance. ANX 24-02&SUB 24-01—City Council Final Decision Page 4 of 20 65 G3. References:Attachment 201 serves as a dictionary or glossary defining certain abbreviations, acronyms, phrases,terms, and words in the context of the conditions of approval. The 200 series of attachments are as binding as the conditions of approval in the main body of the final decision. G4. Due dates/ public improvements: a. When public street improvements, and any fees in lieu of public improvements, are due shall be per WDO 3.01.02E, 4.02.12, and 5.01.06B.1 unless if and where a condition of approval has more restrictive timing. By this condition,there is more restrictive timing: In any case, they are due no later than by Building Division issuance of first certificate of occupancy (C of O), regardless of deferral, if any, that Public Works (PW) might have approved through 3.01.02E. This condition is not deferring to C of O; it is saying that if there were to be PW deferral, then the department could not defer to later than C of O. b. ROW/easements: Correct recordation of required right-of-way (ROW) and public easements is due per WDO 2.01.05A and 5.01.06C.3—by building permit application. See Note A below. c. Where phasing is relevant, building permit issuance means issuance for the phase in which the conditioned improvement is located. Where an improvement spans phases and cannot be functionally divided by phase, it shall be due by the earliest phase. d. Where changes to street addresses are necessary, the developer shall apply through the Planning Division for and obtain approval of an Address ,ssu„gD..� r. ��_ ! ��„�„s„�. This is due prior to building permit application, and if any of property line adjustment, lot consolidation, partition, or subdivision are relevant, then also after recordation with County. G5. Recordation due dates: The applicant shall apply to the County for recordations of items that the City requires no later than 6 months prior to expiration of the land use approval as WDO 4.02.04B establishes, and shall complete recordations no later than 3 years past the land use "final decision" date. The due date to complete recordations shall not supersede when recordations are due relative to the building permit stage. G6. Administration: a. Conformance:That a land use approval does not reiterate any and each particular detail, provision, requirement, rule, spec, or standard from any of the WDO, other ordinances, resolutions, public works construction code, or department policies does not exempt development from conformance with them. b. Copies: Per WDO 2.01.05B, the developer, including any succeeding contractor, shall provide copies of documentation that a City staff person requests regardless if the documentation source is another City staff person or department. c. Fees: The developer shall pay fees per Attachment 202. d. Inspections: Whether for subdivision or building permit inspections, the developer or contractor shall contact Planning Division staff minimum 3 City business days prior to a desired date of planning and zoning inspection of improvements. This is required and ANX 24-02&SUB 24-01—City Council Final Decision Page 5 of 20 66 separate from and in addition to the usual building code and fire and life safety inspections. The developer or contractor shall construct, install, or plant all improvements, including landscaping, to the extent necessary to warrant inspection. Note A: If and where the County does not allow dedication of ROW and grant of public easements through platting or re-platting, then dedication and grant would necessitate a process through Public Works (PW) and City Council acceptance separate from land use approval, which could take several weeks, prior to correct recordation with the County. In this scenario, upon tentative land use approval by the City, contact PW to begin and finish dedication and granting sooner. The City Council meets most second and fourth Mondays, and agenda packet materials are due to the City Recorder by the prior Tuesday at noon. Preliminary Subdivision 24-01 SUB-1. ROW: The following are due by building permit application: a. Boones Ferry and Traverse: To conform with WDO Figure 3.01C "Minor Arterial", as part of recordation the developer shall dedicate ROW if and as necessary to result in half-street ROW that is min width 37 ft measured from centerline for both of Boones Ferry and Traverse. b. Local streets: To conform with WDO 3.01.0413.1 & Figure 3.01G "Local Residential Street as part of recordation the developer shall dedicate ROW if and as necessary to result in total ROW per street that is uniform min width of 60 ft. SUB-2. PUE: Along all public major thoroughfares and local streets, if streetside public utility easements (PUEs) do not yet exist, the developer shall grant streetside PUEs conforming with minimum and maximum widths per WDO 3.02.0113 & F.2. Note that how subsection F.2 is applicable changes in the context of shared rear lanes (private alleys), and that PW is likely to direct the use of a PUE template. Condition conformance is due the same as per Condition G4b (by building permit application). SUB-3. Street improvements: The following is due the same as per Condition G4a: a. Frontage/street improvements: 1. Boones Ferry and Traverse: The cross sections shall conform with WDO Figure 3.01C "Minor Arterial" & 3.01.03C.1a and as necessary conform with the public works construction code and PW direction. See also condition parts b. & c. below. ANX 24-02&SUB 24-01—City Council Final Decision Page 6 of 20 67 2. Local streets: The cross section shall conform with 3.01G "Local Residential Street ..." and as necessary conform with the public works construction code and PW direction. 3. Street stubs: The street stubs as proposed remain required per 3.01.05A.3 & 5, 3.01.05B.2a, 3.01.05C, 3.01.05F (regarding Upland and Vail), and 5.03.10B.1, 3, & 5 and shall have signed barricades as PW administers 3.01.05B.2b & c. 4. Concrete crossings: Intersection leg pedestrian crossings that would be concrete amid asphalt per the tentative site plan are the min required and shall be constructed min width 8 ft and as necessary conform with the public works construction code and PW direction. The locations are: • Traverse & Crocus, south leg; • Traverse & Iris, south leg; • Upland & Iris, west leg; • Vail & Iris, west leg; and • Traverse & Dahlia, south leg. b. Traverse sidewalk: The developer has the option to omit the bicycle/pedestrian corridor tract between the Upland cul-de-sac bulb at the north and the subject territory boundary at the south (enlarging Lots 11-13) in exchange for the Boones Ferry and Traverse sidewalks being min width 8 ft. Wider sidewalk shall not narrow the landscape strip. The extra width of planter strip and sidewalk shall either(1) be within additional ROW that accommodates them, or (2) overlap outside ROW into streetside PUE, the PUE or other recorded legal instrument granting public access to the overlap. c. Traverse median: Based on TSP Project R29 "South Arterial" (TSP p. 33), WDO Fig. 3.01C and WDO Note 3.01C, and in keeping with Comprehensive Plan Policies D-1.3 regarding sufficient landscaped area and D-1.5 regarding tree planting, the developer shall design and construct a median as follows: 1. Initial specifications: (a) Location: Within the two blocks between Iris and the subject territory east boundary (300 &400 blocks). 3PiFleY()1YA'VA7 ._ .mw µ T-: flfi rf' „,. _ uz✓ewrerr r Uu maw »l�Ndi a �.....0'. . �� .r, m� 71 JA w7,, Exhibit SUB-3c. Approximate Locations of Medians (in green) (b) Basic mins: Curbed, width min 8 ft and max 10 ft between backs of curbs, and — as combined total for both medians— min area within curbing of 4,900 sq ft w/ min 19 trees o.c. spacing average of 30 ft. (Min width not applicable to end tapers that transition to left turn lanes at intersections, if any such lanes.) ANX 24-02&SUB 24-01—City Council Final Decision Page 7 of 20 68 (c) Extent/length: For each additional increment of median that is at least 30 ft long, it shall have min 150 sq ft of landscaping min 8 ft wide with min 1 tree. (d) Pavement: If each 150 sq ft of landscaping around each tree is min 8 ft wide, the remaining area within the median, if any, may be surfaced with other than landscaping and per PW specs; however, cobbles, gravel, pebbles, and rocks remain prohibited within 1 ft of backs of curbs. 2. Additional specifications: Per PW during CEP. For street landscaping, median trees shall conform with the street tree requirements of WDO 3.06.03A, and the developer is prohibited from fee in lieu of more than 3 median trees. Landscape or planter strips shall have area remaining after median tree plantings conform with 3.01.04B, last paragraph, except where and as condition subsection (d) above allows pavement. 3. OFC: The median shall conform with the Oregon Fire Code. SUB-4. Street trees: a. Cross sections illustrate street trees, which are required per and in conformance with WDO 3.06.03A. b. The developer shall establish a street tree plan to which the Planning Division and PW affirm prior to building permit application. This task is due no later than building permit application and may be incorporated into the CEP review process led by PW. c. The street tree fee in-lieu amount shall be per Attachment 202. SUB-5. Bicycle/pedestrian corridors/subdivision shortcut paths: a. Per WDO 3.01.07C &Table 3.01A, row 2, the preliminary subdivision bicycle/pedestrian corridor tracts shall remain and continue to conform with the min width of 20 ft. However, the tracts among Lots 33, 34, 54, 55, 78, & 79 may shift locations east-west within their respective blocks as long as both tracts continue to align. As an exception pursuant to Condition SUB-3b, the developer has the option to omit the bicycle/pedestrian corridor tract between the Upland cul-de-sac bulb at the north and the subject territory boundary at the south (enlarging Lots 11-13) in exchange for the Boones Ferry and Traverse sidewalks being wider as described therein. b. Per WDO 3.01.07E & F, corridor improvement and landscaping shall conform with WDC" inte..r a a„„u i ��r„�„rno INT 22-0608 "Off-Street Public Bicycle/Pedestrian Facility Specifications" (June 8, 2022) or as amended and with the proviso that Part 133c is modified to landscaping min width 8 ft (with other side of path narrowing to 4 ft). Per WDO 3.01.07D, "Class C is the applicable one. Plan review per 3.01.07G may be incorporated into the CEP review process led by PW. Conformance is due the same per Condition G4a. c. Access: Every bicycle/pedestrian corridor tract shall be covered with an easement granting the public bicycle and pedestrian access. ANX 24-02&SUB 24-01—City Council Final Decision Page 8 of 20 69 d. Utilities: 1. Every bicycle/pedestrian corridor tract shall have a PUE min width conforming with 3.02.01C, aligned with the tract side boundary across the path from the widest landscape strip, and minimum extent equal to that of the tract. 2. The developer may provide for access and utilities together in one or more consolidated easements, and PW might require the use of one or more PUE templates. To the satisfaction of PW, the easement(s) shall make explicit that in no case do they imply or require that the City assume maintenance of privately-owned tracts, whether actively or through association devolution. e. TCEs: 1. Where bicycle/pedestrian corridor tracts abut the subject territory boundary, and grading within the boundaries of the territory is not possible to have the pavement of a given path reach the boundary, then for each affected tract the developer shall grant one or more temporary construction easements (TCEs) with authority for both the City and the owner of the adjacent property to come onto the applicable affected tract to grade and extend pavement. 2. If and where the developer is unable to determine the TCE necessary width and extent, then the presumptive dimensions would be width equal to tract width and extent equal to 10 ft. 3. Draft submittal to the City is due by final plat, and recordation of the one or more correct TCEs is due the same as per Condition G4b (by building permit application). 4. If either the developer decides to grant the one or more TCEs by conveyance documents separate from the plat, or Note A found at the end of general conditions becomes applicable, then it remains with the developer to budget additional lead time for City staff review. SUB-6. Access management: a. Shared rear lanes (private alleys): To conform with 3.04.01A.4 & 3.04.03C.1 & 2, lots adjacent to shared rear lanes (alley-loaded lots) shall have their driveways and parking pads limited to access along the adjacent alley, not only for lots along Boones Ferry and Traverse but also Lots 5, 6, 94-98, & 117-123. °' i . envE•r nsL Pn •,w � I wr•wpe I aao � or am wr �W A'Wf.6LLd7 • r � YY{' Y w I I a ,i- „k ,;6 IwaA ASk 1.I ss+ 110 i0N W , f wrM 7 UPLAND AYE • ., ,,, A" , vas � ' ,I,dd � � m � ei av �....�I .mv I m,l� � ., lY ➢I FY )J �A 6A N) of ly I ..i. is .. - - 1 m n ad tr as .vr as w a sa se r .ve am p. ,' .z�I a es rr J ANX 24-02&SUB 24-01—City Council Final Decision Page 9 of 20 70 Exhibit SU8-6o Alley Access (in blue) b. Flag lots: To conform with 3.O4.O3D.3, Lots 12 & 13 shall share a driveway approach / apron /curb cut / ramp. Refer toPVVSS&Ds4�58'1 ��4orasarnended. ay 77 Exhibit SUB-6b. F7og LotAccess (in yellow) o. Driveways: To conform with Table 3.O4A, each residential lot driveway approach / apron /curb cut/ ramp along a street shall be max width 16 ft (measured between triangular flares) with max one driveway per lot except if and as conditioned elsewhere for joint or shared access for pairs of lots in which case the max is one driveway per 2 lots. Along shared rear lanes (private alleys), driveways, if any, have no max width. For each shared rear lane (private alley), each driveway at the street shall be max width 16 ft. If the stormwater detention pond tract is to have a driveway, then the max width shall be1Oft. d. More street trees: For those 3 blocks identified in Exhibit SUB-6d below, the street tree noininouno number shall equal 1 tree per every 25 ft of street frontage along a block face instead of1 tree per every 3Oft. Ai VAtLAVE Exhibit SUB-6d Groups nf Lots Subject to More Street Trees (in green) e. Lot 13: Because perVVD[> 3.04.03D.3, Lot 12 &f|ag Lot 13 must share a driveway, which in turn necessitates vehicular shared access easement area, and because Table 2.02B and its footnote 1 indicate that flag lot rninirnurn area calculation excludes vehicular ANX24-02&5UB24-0l—City Cound| Fina| Decision Page l0of20 71 shared access easement area, it is unclear what the easement area and dimensions of would be along the pole of flag lot 13, it might shrink the Lot 13 area from 9,381 sq ft to less than the minimum area, and the developer shall clarify the situation and make it conforming through revised plat drawings with a subdivision final plat application (FSUB). SUB-7. Significant Tree preservation and removal: Consistent with the arborist report dated and submitted January 30, 2025, the developer shall: a. Preserve Trees 5-9 (subject territory SW corner, Lots 17 & 18) consistent with the arborist report dated and submitted January 30, 2025 and pursuant to WDO 3.06.08 "Tree Protection During Construction". ....................................................................................................................................................................................................................................................................................................... EXISTING TREE TO ICE REMOVE EXISTINK TREES TO BE PRESERVED AND PROTECTED / I?Ropo`EG FENCE. HAND GIG FAR GOAT HOLES, 3 _1,z AVOID (ROOTS OVE', l—INCH IN DIAMETER- 99AEXISTING,— G, GFFSITE TREES TO BE PROTECTED Exhibit SUB-7. Trees 5-9 to Be Preserved b. Submit for plan review of tree protection per WDO 3.06.08C.1e due per that section (CEP or building permit application). c. Illustrate, note, and plant mitigation plantings per WDO 3.06.07D.2 within subdivision tracts and/or pay fee(s) in-lieu per Attachment 202 and its Exhibit 202. Advisory: Because several Significant Trees to be removed are Oregon ash (Agrilus planipennis), which increasingly in Oregon including Woodburn suffer infestation by emerald ash borer (EAB), the City advises the developer to comply with state of Oregon agency directions about how to stem infestation found at <, w,,,��,reg.� .D,�,] �......, „ r„x SUB-8. Stormwater detention pond fencing: If the Stormwater detention pond and/or its tract is fenced or walled, fencing or free-standing walls shall conform through a fence permit per 5.01.10 with max height 3.5 ft along the three streets per WDO 2.06.02A.2, with any gates being up to the same max height. If there is fencing and it is to be chain link, then it shall be coated per WDO 2.06.02D.2 and a color other than black, charcoal, or dark gray. SUB-9. Documents: a. Easements: Recordation shall conform with WDO 2.01.05A, that is, the developer shall accomplish correctly prior to building permit application. b. HOA: 1. Prior to conveying land ownership of any tract, the developer shall establish an association, such as homeowners association (HOA), pursuant to ORS 94 and other applicable statutes. ANX 24-02&SUB 24-01—City Council Final Decision Page 11 of 20 72 2. Topics: The association documents shall in the sections addressing topics that respective City ordinances or WDO sections also address, cite and advise readers to see these public regulations (or as amended): WDO 2.06 (fences and free-standing walls), 2.06.03 (accessory structures), 2.07.02 (boat and recreation vehicle [RV] storage), 2.07.03, 2.07.10 (home occupations or home-based businesses), 2.07.20 (accessory dwelling units [ADUs]), 3.05.02D.3 (no parking in front yards outside driveways), 3.03.06 (sight triangles or vision clearance areas, in relation to fences and free-standing walls), & 3.10 (signage) as well as Ordinance Nos. 1917 (1985; street frontage maintenance and repair), 2084 (1992; burglar alarms), 2136 (1994; chronic nuisance properties) 2225 (1998; that the City and not HOAs regulates and polices its public streets), 2257 (2000; golf carts), 2312 (2002; noise), 2338 (2003; nuisances,junked vehicles), 2424 (2007; street tree removals and replacements), 2434 (2008; animal control), 2521 (2014; parking on unimproved areas), 2577 (2020; camping in public rights-of-way), and 2632 (2024; on-street public parking rules). The City Recorder maintains the Ordinance C�„�rn.p„i.la„t,u„��,�,i,,vu��,bp,�ag,,,.,. The association documents also shall cite and comply with enrolled Oregon House Bill 2001 (HB 2001) (2019), Sect. 13 (p. 10) or directly the statute that the legislation amended, making the point that a newly constituted association cannot ban "middle housing". 3. Documents: The developer shall provide copies of articles of incorporation, bylaws, and CC&Rs for the association to the Assistant City Attorney and Director for review by final plat application to the City or earlier if ORS 94.565(2) requires. c. Plat: 1. E. Traverse Road and Upland and Vail Avenues shall retain their names. 2. The plat labels of square footages of lots and tracts, where in the thousands, shall have commas, e.g. I/7982" shall read, I17,982". 3. Tracts, which the preliminary subdivision drawing does not designate, shall be lettered per Exhibit SUB-2 below: ; i � 7, c _7 nnn nnn ��IRr9 VIIII ifMii j — u4 ( a ti r n o t AO LL9 96 AB I i i 1 7 E 6 5' I'e.9 I7x Idl i lAl 1l9 ie 11 .ns va o !l6 JPY to-JW IM Mf W 4 !IS l A v . r a x . u. A _ a�l � H 13 pp i i VAILAV ,> Exhibit SUB-9c3. Tract Lettering 4. Upon recordation, the developer shall submit to the Director and PW copies of correctly recorded documents per WDO 2.01.05. ANX 24-02&SUB 24-01—City Council Final Decision Page 12 of 20 73 5. Administrative allowance to increase lot count/number: Relative to WDO 5.01.06B.3 and based on the experience of PUD 22-01 Mill Creek Meadows (1490 Brown Street), this condition grants administrative allowance for the developer to have a moderate increase in the number of lots in a subdivision final plat application (FSUB) compared to SUB 24-01 without necessitating any of City refusal to approve the final plat; City denial of the final plat; application for and City approval of a preliminary subdivision application succeeding SUB 24-01; or, application for and City Council approval of Modification of Conditions (MOC)Type IV through WDO 4.02.07. The purpose is to allow further division and attendant resizing of lots intended for houses or duplexes into lots for townhouses with less hassle for both the City and the developer. The Director would grant the allowance (through subdivision final plat approval) only if the subdivision final plat meets the following restrictions: (a) Each lot continues to be of minimum lot area in conformance with WDO Table 2.0213; (b) Each lot continues to meet the remaining dimensional standards of Table 2.02B, namely minimum width, depth, frontage, and as applicable table footnote 1 regarding flag lots; (c) Compared to the SUB 24-01 preliminary plat drawing lot count of 130, the total number rises by no more than 34 lots (26%) lots to 164 max. The exhibit below illustrates lots staff envisions as most ready for further division because of shared rear lane/ private alley access, the lots serving as the basis for the number 34 derived from assuming 25 ft width for each townhouse lot and 30 ft for each townhouse corner lot and each townhouse group being maximum 4 dwellings as the RS zoning district allows and with 10 ft between groups; however, the exhibit assumptions and specific colored lots are not required to make use of the allowance; and a /ii / ij��/Niiiai h7 il� / /l THAGbRRH Hf! /ql � °. //i/ii � // ///�/ Jr%/%/ ns >,i au[xn t✓e ar wi ]a %////J,/,,, , rvucr i ] verf nvs..... i _ .. a. i � I u as at a u Exhibit SUB-96 ANX 24-02&SUB 24-01—City Council Final Decision Page 13 of 20 74 (d) The subdivision final plat application includes a plat drawing or site plan as an exhibit coloring what lots are further divided and labeling their changed square footages and dimensions. SUB-10. Expiration: Based on ORS 92.040(3), development per the Council land use final decision may continue 3 years past the decision date, the 3-year approval period being established by WDO 4.02.04 and as follows: a. Final Plat: The developer shall apply to the City prior to or no later than on the same date as applying to Marion County for recordation. b. Recordation with Marion County: Same as WDO 5.01.06C.1. (within 30 calendar days of the Director's signature on the plat Mylar). c. Vesting: The decision is vested unless: 1. The developer fails to meet subdivision and public improvement requirements, resulting in the City being unable to authorize staff to sign a final plat Mylar by July 1, 2030; or 2. There is no substantial construction as defined in WDO 1.02 by July 1, 2035. ANX 24-02&SUB 24-01—City Council Final Decision Page 14 of 20 75 Public Works Comments ANX 24-02 Boones Crossing Addition — S Boones Ferry Road Tax lot 05119000600 April 2, 2025 A. CONDITIONS OF LAND USE APPROVAL: 1. The Applicant, not the City, is responsible for obtaining any necessary permits from the State, Marion County, Oregon Division of State Lands, US Army Corps of Engineering and/or federal agencies that may require such permit or approval for the construction of this development. 2. Applicant to provide a final Engineer stamped storm drainage hydraulic analysis report for detention, conveyance system and a final 100-year floodway, floodplain, and wetland delineation for this development, as required. The storm drainage hydraulic analysis shall comply with, Oregon Division of State Lands, US Army Corps of Engineering and City's requirements, as applicable. Applicants are responsible for correcting/upgrading any existing storm drainage capacity deficiencies, including upgrading private and public storm drainage systems or installing a new drainage system as per City's requirements and per approved Storm Drainage Hydraulic Analysis Report. Report shall include capacity analysis of the existing culvert pipe located in Brown Street and on-site detention area(s) for the runoff of this development. The property owner shall maintain all on-site and off-site detention areas in perpetuity. 3. Applicant is responsible for obtaining approval from the Woodburn Fire District for deadend turnarounds requirements for streets and private share access. 4. Applicant is required to coordinate work with the Developer of Boones Crossing VI for all public improvements that may affect/impact both developments. Applicant and the developer of Boones Crossing VI shall bear exclusive responsibility for any work necessary and completed as a required condition of approval for their respective developments. Under no circumstances shall the City be responsible for managing the completion of said public improvements. 5. Applicant to provide a stamped engineer report analyzing the design capacity of the brown street pump station that will service this development. The existing Brown Street Pumps are designed to handle flows only for Boones Crossing 4,5,6 and Mill Creek I Development. The applicant for this development is responsible for all the required upgrades to the Brown Street Pump Station due to the applicant's development, including pumps, control system, external piping, valves, electrical, etc. Applicant may opt to pay a fee in lieu of said required upgrades if agreed to in writing by the City prior to the approval of civil plans. 6. At the time of civil plans approval, improvements to proposed "E Traverse Road" shall be redesigned/adjusted to take into consideration existing conditions caused by potential improvements to E Traverse Rd resulting from the Boones Crossing Phase 6 Development. Redesign of existing plans should include but are not limited to: ANX 24-02&SUB 24-01—City Council Final Decision Page 15 of 20 76 a. All public and franchise utility lines, including water mains, sewer mains and storm mains. b. Intersection design (including alignment) at S Boones Ferry Road and E Traverse Road to meet Federal, State, Marion County, safety and sight distance requirements, as well as vehicular turning movements 7. Applicant to design/construct the water main along S Boones Ferry Road between Iris Street and E Traverse Road, if needed for design flows and fire flow protection for this development. Applicant is required to comply with the Public Works water loop requirements, Building Division and Fire District flow and fire protection requirements. 8. Applicant to extend the public watermain along S Boones Ferry Road from E Traverse Road to the southerly development property line 9. If required, a Permit from the Oregon Division of State Lands and US Army Corps of Engineering will need to be obtained to mitigate/delineated wetlands.This shall be obtained prior to civil plans approval. The applicant, as applicable, shall also obtain other required regulatory permits. 10. Department of Environmental Quality Erosion Control 1200C permit will need to be obtained for this development prior to civil plans approval. 11. Applicant to provide for the installation of all franchise utilities and shall provide any required easements for these facilities. All permanent utility services to the development shall be underground. 12. Applicant to provide street lighting (on site and along existing S Boones Ferry Road) in accordance with street lighting plan approved by the City and conforming to Portland General Electric installation and plan under option B. 13. The Applicant, by this Development, shall not cause storm water runoff to be impounded on adjacent properties. 14. All sewer mains are a gravity system and the termini of sewer lines locations, depths, and sizes shall be such that it is suited for future extensions to adjoining areas. 15. All City-maintained facilities located on private property shall require a minimum of 16-foot wide utility easement conveyed to the City by the property owner.This is the applicant's responsibility to provide, not the City's. Utilities of unusual depth, size or location may require a larger width. 16. The applicant in accordance with all state regulations and requirements shall abandon onsite existing water wells and subsurface sewage disposal systems. ANX 24-02&SUB 24-01—City Council Final Decision Page 16 of 20 77 17. Applicant to provide a flexible pavement structured designed, for all new public streets, by a registered professional engineer using subgrade reaction appropriate for the site, traffic index, and a 20-year design life for pavement system. Structure thicknesses shall not be less than values form table on City of Woodburn Standard Detail No. 42001 (Typical Pavement Structure). 18. The owner/applicant shall be required to enter into an improvement agreement. 19. Applicant to pay all public improvements (right-of-way) fees for the construction of public improvements in the right-of-way that are to be maintained by the City as per Ordinance #1795. 20. Final review of the Civil Plans will be done during the Subdivision Application for Construction. Public infrastructure will be designed and constructed in accordance with plans approved by public works and complying with City, State and Federal requirements/guidelines current at the time of the subdivision application. 21. Provide and record the required right-of-way dedications and public utility easements, at time of final plat recordation. 22. Final review of the Civil Plans will be done during the Subdivision Application for Construction. Public infrastructure will be constructed in accordance with plans approved by Public Works and Marion County (where applicable). ANX 24-02&SUB 24-01—City Council Final Decision Page 17 of 20 78 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. Permits: Permits are applied for using the,��,reg.�2.1;i,f.„f i,,irr,u,;t;,u,,ii„g online permit system.The City Building Division administers building and mechanical permits; Marion County Public Works administers plumbing and electrical permits. 2. Records: Staff recommends that the applicant retain a copy of the subject approval. 3. Fences, fencing, & free-standing walls: The approval excludes any new fences, fencing, & free-standing walls, which are subject to WDO 2.06 and the permit process of 5.01.03. 4. Signage: The approval excludes any private subdivision signage,which is subject to WDO 3.10 and the permit process of 5.01.10. 5. Other Agencies: The applicant, not the City, is responsible for obtaining permits from any county,state and/or federal agencies,which may require approval or permit,and must obtain all applicable City and County permits for work prior to the start of work and that the work meets the satisfaction of the permit-issuing jurisdiction. The Oregon Department of Transportation (ODOT) might require highway access, storm drainage, and other right-of-way (ROW) permits. All work within the public ROW or easements within City jurisdiction must conform to plans approved by the Public Works Department and must comply with a Public Works Right-of-Way permit issued by said department. Marion County plumbing permits must be issued for all waterline, sanitary sewer, and storm sewer work installed beyond the Public Right-of-Way, on private property. 6. Inspection: The applicant shall construct, install, or plant all improvements, including landscaping, prior to City staff verification. Contact Planning Division staff at least three (3) City business days prior to a desired date of planning and zoning inspection of site improvements. This is required and separate from and in addition to the usual building code and fire and life safety inspections. Note that Planning staff are not primarily inspectors, do not have the nearly immediate availability of building inspectors, and are not bound by any building inspector's schedule or general contractor convenience. 7. Stormwater management: The storm sewer system and any required on-site detention for the development must comply with the City Storm Water Management Plan, Oregon Department of Transportation (ODOT), Public Works storm water practices and the Storm Drainage Master Plan. The applicant shall provide a final hydraulic analysis for the development and collection system, including the downstream capacity of the proposed storm sewer system. All required on-site detention area for the runoff from this site will need ANX 24-02&SUB 24-01—City Council Final Decision Page 18 of 20 79 to be provided in accordance with the hydraulic analysis. The detention system is to be maintained by the applicant in perpetuity. 8. Public Works Review: Staff performs final review of the civil plans during the building permit stage. Public infrastructure must be constructed in accordance with plans approved by the City, ODOT, as well as current Public Works construction specifications, Standard Drawings, Standard Details, and General Conditions. 9. Franchises: The applicant provides for the installation of all franchised utilities and any required easements. 10. Water: All water mains and appurtenances must comply with Public Works, Building Division, and Woodburn Fire District requirements. Existing water services lines that are not going to be use with this new development must be abandoned at the main line. The City performs required abandonment of existing water facilities at the water main with payment by the property owner. All taps to existing water mains must be done by a "Hot Tap" method and by approved City of Woodburn Contractors. The applicant shall install the proper type of backflow preventer for all domestic, lawn irrigation and fire sprinkler services. The backflow devices and meters shall be located near the city water main within an easement, unless approved otherwise by Public Works. Contact Byron Brooks, City of Woodburn Water Superintendent,for proper type and installation requirements of the backflow device at(503) 982-5380. 11. Sewer: Plans illustrate the subdivision will utilize the public sewer line within Evergreen Road. If an alternative public sewer route becomes necessary to serve the development, the developer shall provide plans for a redesigned sewer system to the City for review. 12. Grease Interceptor/Trap: If applicable, a grease trap would need to be installed on the sanitary service, either as a central unit or in the communal kitchen/food preparation area. Contact Marion County Plumbing Department for permit and installation requirements, (503) 588-5147. 13. Fire: Fire protection requirements must comply with the Woodburn Fire District standards and requirements. Place fire hydrants within the public ROW or public utility easement and construct them in accordance with Public Works Department requirements, specifications, standards, and permit requirements. Fire protection access, fire hydrant locations and fire protection issues must comply with current fire codes and Woodburn Fire District standards. See City of Woodburn Standard Detail No. 5070-2 Fire Vault. The fire vault must be placed within the public right-of-way or public utility easement. 14. SDCs: The developer pays System Development Charges prior to building permit issuance. ANX 24-02&SUB 24-01—City Council Final Decision Page 19 of 20 80 Appeals The decision is final unless appealed to the Oregon Land Use Board of Appeals (LUBA) pursuant to Oregon Revised Statutes (ORS) and Oregon Administrative Rules (OAR) 661-010. The appeal due date is "on or before the 21st day" after the decision date per OAR 661-010-0015(1)(a). A valid appeal must meet the rules. If appealing to LUBA, as a courtesy inform City staff in writing. A copy of the decision is available for inspection at no cost, and the City would provide a copy at reasonable cost at the Community Development Department, City Hall, 270 Montgomery Street, Woodburn, OR 97071-4730. For questions or additional information, contact Cassandra ............................................... .................. ... .................................................... Bassich, Administrative Specialist, at 503 982-5246 or c:�ass�andra,bassuc„��(��„c„u,v�✓��: ��.�u•��,or,us Attachments • Annexation and Zoning Legal Descriptions and Maps • City Council April 28,2025 Memo from Chris Kerr with all Attachments: A. Planning Commission revised conditions of approval B. Planning Commission revised Attachment 102A Public Works comments(April 22,2025): C. Planning Commission April 10,2025 Staff Report and select attachments: 101. Marked Tax Map 102.Analyses& Findings(37 pages) 103.Site plans(3 sheets) 103A.Annexation Service Provider Letters(SPLs;3 pages) 104.Transportation System Plan (TSP) Fig.2 "Functional Roadway Classification" 105 TSP Fig.6"Local Street Connectivity Plan" 201.*ANX 24-02 Mill Creek II: Dictionary&Glossary 202.ANX 24-02 Mill Creek II: Conditioned Fees,with Exhibit 202 *The 200 series of attachments are details for the conditions of approval. Sincerely, Chris Kerr Community Development Director As authorized by the City Council on May 12, 2025 Frank Lonergan, Mayor Date ANX 24-02&SUB 24-01—City Council Final Decision Page 20 of 20 81 Attachiment A: IIIIann n it it li n n on II"cvli nc [Ig I of ANX 24-02: Planning Commission Revised Conditions of Approval The conditions of approval that the Planning Commission recommended are below. Those in strikethrough-and-underline reflect revisions by the Commission of the original text in the April 10, 2025 Commission staff report. Recommended Conditions of Approval General G1. As part of building permit application, as well as any prior submittal that follows land use approval with conditions and that is necessary to demonstrate conformance with said conditions prior to building permit application, the applicant shall submit revised site plans and revised or additional documentation meeting the conditions of approval and obtain Planning Division approval through sign-off on permit issuance.The applicant shall submit a cover letter indicating what specific plans sheets or document page numbers demonstrate how the submittal meets each condition. G2. The applicant or successors and assigns shall develop the property in substantial conformance with the final plans submitted and approved with these applications, except as modified by these conditions of approval. Were the applicant to revise plans other than to meet conditions of approval or meet building code, even if Planning Division staff does not notice and signs off on building permit issuance, Division staff retains the right to obtain restoration of improvements as shown on an earlier land use review plan set in service of substantial conformance. G3. References: Attachment 201 serves as a dictionary or glossary defining certain abbreviations, acronyms, phrases,terms, and words in the context of the conditions of approval. The 200 series of attachments are as binding as the conditions of approval in the main body of the final decision. ANX 24-02 Mill Creek II subdivision S. Boones Ferry Rd—City Council Staff Report Attachment A Page 1 of 13 G4. Due dates/ public improvements: a. When public street improvements, and any fees in lieu of public improvements, are due shall be per WDO 3.01.02E, 4.02.12, and 5.01.06B.1 unless if and where a condition of approval has more restrictive timing. By this condition,there is more restrictive timing: In any case, they are due no later than by Building Division issuance of first certificate of occupancy (C of O), regardless of deferral, if any, that Public Works (PW) might have approved through 3.01.02E. This condition is not deferring to C of O; it is saying that if there were to be PW deferral, then the department could not defer to later than C of O. b. ROW/easements: Correct recordation of required right-of-way (ROW) and public easements is due per WDO 2.01.05A and 5.01.06C.3—by building permit application. See Note A below. c. Where phasing is relevant, building permit issuance means issuance for the phase in which the conditioned improvement is located. Where an improvement spans phases and cannot be functionally divided by phase, it shall be due by the earliest phase. d. Where changes to street addresses are necessary, the developer shall apply through the Planning Division for and obtain approval of an Address ,ssu„gD..� r. ��_ ! ��„�„s�. This is due prior to building permit application, and if any of property line adjustment, lot consolidation, partition, or subdivision are relevant, then also after recordation with County. G5. Recordation due dates: The applicant shall apply to the County for recordations of items that the City requires no later than 6 months prior to expiration of the land use approval as WDO 4.02.04B establishes, and shall complete recordations no later than 3 years past the land use "final decision" date. The due date to complete recordations shall not supersede when recordations are due relative to the building permit stage. G6. Administration: a. Conformance:That a land use approval does not reiterate any and each particular detail, provision, requirement, rule, spec, or standard from any of the WDO, other ordinances, resolutions, public works construction code, or department policies does not exempt development from conformance with them. b. Copies: Per WDO 2.01.05B, the developer, including any succeeding contractor, shall provide copies of documentation that a City staff person requests regardless if the documentation source is another City staff person or department. c. Fees: The developer shall pay fees per Attachment 202. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 2 of 13 ,8M d. Inspections: Whether for subdivision or building permit inspections, the developer or contractor shall contact Planning Division staff minimum 3 City business days prior to a desired date of planning and zoning inspection of improvements. This is required and separate from and in addition to the usual building code and fire and life safety inspections. The developer or contractor shall construct, install, or plant all improvements, including landscaping, to the extent necessary to warrant inspection. Note A: If and where the County does not allow dedication of ROW and grant of public easements through platting or re-platting, then dedication and grant would necessitate a process through Public Works (PW) and City Council acceptance separate from land use approval, which could take several weeks, prior to correct recordation with the County. In this scenario, upon tentative land use approval by the City, contact PW to begin and finish dedication and granting sooner. The City Council meets most second and fourth Mondays, and agenda packet materials are due to the City Recorder by the prior Tuesday at noon. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 3 of 13 im ttan himent II: : [1Iann n it it li n n on umcvli nc ttan himent 3. Public Works Comments [Iulkblllc Woirks coirniments ANX 24-02 Apir 11 22, 2021 5. [Ig I of Boones Crossing Addition - S Boones Ferry Road Tax lot 05119000600 April 2, 2025 A. CONDITIONS OF LAND USE APPROVAL: 1. The Applicant, not the City, is responsible for obtaining any necessary permits from the State, Marion County, Oregon Division of State Lands, US Army Corps of Engineering and/or federal agencies that may require such permit or approval for the construction of this development. 2. Applicant to provide a final Engineer stamped storm drainage hydraulic analysis report for detention, conveyance system and a final 100-year floodway, floodplain, and wetland delineation for this development, as required. The storm drainage hydraulic analysis shall comply with, Oregon Division of State Lands, US Army Corps of Engineering and City's requirements, as applicable. Applicants are responsible for correcting/upgrading any existing storm drainage capacity deficiencies, including upgrading private and public storm drainage systems or installing a new drainage system as per City's requirements and per approved Storm Drainage Hydraulic Analysis Report. Report shall include capacity analysis of the existing culvert pipe located in Brown Street and on-site detention area(s) for the runoff of this development. The property owner shall maintain all on-site and off-site detention areas in perpetuity. 3. Applicant is responsible for obtaining approval from the Woodburn Fire District for deadend turnarounds requirements for streets and private share access. 4. Applicant is required to coordinate work with the Developer of Boones Crossing VI for all public improvements that may affect/impact both developments. Applicant and the developer of Boones Crossing VI shall bear exclusive responsibility for any work necessary and completed as a required condition of approval for their respective developments. Under no circumstances shall the City be responsible for managing the completion of said public improvements. 5. Applicant to provide a stamped engineer report analyzing the design capacity of the brown street pump station that will service this development. The existing Brown Street Pumps are designed to handle flows only for Boones Crossing 4,5,6 and Mill Creek I Development. The applicant for this development is responsible for all the required upgrades to the Brown Street Pump Station due to the applicant's development, including pumps, control system, external piping, valves, electrical, etc. Applicant may opt to pay a fee in lieu of said required upgrades if agreed to in writing by the City prior to the approval of civil plans. 6. At the time of civil plans approval, improvements to proposed "E Traverse Road" shall be redesigned/adjusted to take into consideration existing conditions caused by potential improvements to E Traverse Rd resulting from the Boones Crossing Phase 6 Development. Redesign of existing plans should include but are not limited to: ANX 24-02&SUB 24-01—City Council Final Decision Page 15 of 20 85 a. All public and franchise utility lines, including water mains, sewer mains and storm mains. b. Intersection design (including alignment) at S Boones Ferry Road and E Traverse Road to meet Federal, State, Marion County, safety and sight distance requirements, as well as vehicular turning movements 7. Applicant to design/construct the water main along S Boones Ferry Road between Iris Street and E Traverse Road, if needed for design flows and fire flow protection for this development. Applicant is required to comply with the Public Works water loop requirements, Building Division and Fire District flow and fire protection requirements. 8. Applicant to extend the public watermain along S Boones Ferry Road from E Traverse Road to the southerly development property line 9. If required, a Permit from the Oregon Division of State Lands and US Army Corps of Engineering will need to be obtained to mitigate/delineated wetlands.This shall be obtained prior to civil plans approval. The applicant, as applicable, shall also obtain other required regulatory permits. 10. Department of Environmental Quality Erosion Control 1200C permit will need to be obtained for this development prior to civil plans approval. 11. Applicant to provide for the installation of all franchise utilities and shall provide any required easements for these facilities. All permanent utility services to the development shall be underground. 12. Applicant to provide street lighting (on site and along existing S Boones Ferry Road) in accordance with street lighting plan approved by the City and conforming to Portland General Electric installation and plan under option B. 13. The Applicant, by this Development, shall not cause storm water runoff to be impounded on adjacent properties. 14. All sewer mains are a gravity system and the termini of sewer lines locations, depths, and sizes shall be such that it is suited for future extensions to adjoining areas. 15. All City-maintained facilities located on private property shall require a minimum of 16-foot wide utility easement conveyed to the City by the property owner.This is the applicant's responsibility to provide, not the City's. Utilities of unusual depth, size or location may require a larger width. 16. The applicant in accordance with all state regulations and requirements shall abandon onsite existing water wells and subsurface sewage disposal systems. ANX 24-02&SUB 24-01—City Council Final Decision Page 16 of 20 86 17. Applicant to provide a flexible pavement structured designed, for all new public streets, by a registered professional engineer using subgrade reaction appropriate for the site, traffic index, and a 20-year design life for pavement system. Structure thicknesses shall not be less than values form table on City of Woodburn Standard Detail No. 42001 (Typical Pavement Structure). 18. The owner/applicant shall be required to enter into an improvement agreement. 19. Applicant to pay all public improvements (right-of-way) fees for the construction of public improvements in the right-of-way that are to be maintained by the City as per Ordinance #1795. 20. Final review of the Civil Plans will be done during the Subdivision Application for Construction. Public infrastructure will be designed and constructed in accordance with plans approved by public works and complying with City, State and Federal requirements/guidelines current at the time of the subdivision application. 21. Provide and record the required right-of-way dedications and public utility easements, at time of final plat recordation. 22. Final review of the Civil Plans will be done during the Subdivision Application for Construction. Public infrastructure will be constructed in accordance with plans approved by Public Works and Marion County (where applicable). ANX 24-02&SUB 24-01—City Council Final Decision Page 17 of 20 87 IIlpirl IIIn�.IN 5' . Colin�irli n nliir1 { � IN Incorportaaed 1589 Staff Report To: Planning Commission Through: Chris Kerr, AICP, Community Development Director c', From: Colin Cortes, AICP, CNU-A, Senior Planner Meeting Date: April 10, 2025 (Prepared April 3, 2025) Item: "Schwenke/Vezey Annexation / Mill Creek II Subdivision" (ANX 24-01) Tax Lot(s): 051W1913000600 (primary), 700, & 800 (no street address) Table of Contents ISSUE BEFORE THE PLANNING COMMISSION.....................................................................1 EXECUTIVE SUMMARY....................................................................................................2 RECOMMENDATION .......................................................................................................4 CONDITIONS OF APPROVAL ............................................................................................4 ACTIONS ..................................................................................................................... 16 ATTACHMENT LIST....................................................................................................... 17 Issue before the Planning Commission Annexation ANX 24-02 (Type IV) of territory along the east side of S. Boones Ferry Road south of Boones Crossing subdivision: Commission is to hold a public hearing and make a recommendation to the City Council. 88 Executive Summary Location The proposal is annexation of territory into city limits of the Schwenke/Vezey property of approximately 32.2 gross acres composed of Tax Lots 051W1913000600 (primary), 700, & 800 and adjacent right-of-way (ROW) of S. Boones Ferry Road. The territory is along the east side of the road and the south side of the Boones Crossing subdivision. IIIIIIIIIIII i r; �i uu y i�uu IiN 0P Y4il ur P i m Vicinity of subject property;subject property outlined in purple ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision—S. Boones Ferry Rd Staff Report Page 2 of 17 89 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). Subdivision Icon Construction & Development proposes a subdivision of 130 lots. „ I „ F ,: E!'RAPE ER,P i i x F H� �';Fai esr rzc tae aae � tm I avr� — '. Y V'Y;dLY,el' [ rig Fl8 PI] a1 11FI 11 S eLrsr " UPLANDA � I t I_,ii II F it<I sl ui uo taa ice ur I iaa ta�6 F fiJ.` 8 rvw ev > w. a wnai we* Po. �rl w.x I . fiY ®r Se R5 W a.. war eery w v n u .L ]I T2 iF N XS i 4p�k1 I I I I.S I I t I I a sF S➢ ss I sr ] �Sa sr ,r� � �,as'.: •uu>r w a YAPL AYE I.. 1 -.... 41 Staff and the developer worked diligently to produce a superior site development that includes features such as: a. Frontage/street improvements including enhanced public amenities in the form of more street trees and a median along the easterly segment of E. Traverse Road (similar to what would be farther east along the road in the Mill Creek Meadows subdivision); b. Street stubs that allow a logical network for future development to extend; c. Common area improvements such as benches and bicycle/paths along subdivision connection and shortcut tracts; d. Traffic calming through concrete crosswalks at select intersection legs along the most direct routes towards the as yet undeveloped park land along Iris Street within the Boones Crossing subdivision; e. Lessened driveway curb cuts through shared driveways along flag lots, narrow lots, and lots along shared rear lanes (private alleys); and f. Tree preservation and fees for approved removals of other trees. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision—S. Boones Ferry Rd Staff Report Page 3 of 17 90 The recommended conditions of approval secure things like the above. Site plans are within Attachment 103. The Public Works Department, Woodburn Fire District, and Woodburn School District gave the applicant annexation service provider letters (SPLs; Attachment 10313) indicating that they can serve the development. Staff finds that the proposal meets applicable Woodburn Development Ordinance (WDO) provisions per the analyses and findings (Attachment 102) with the recommended conditions of approval. Recommendation Approval with conditions: Staff recommends that the Planning Commission consider the staff report and attachments and recommend approval to the City Council application with the recommended conditions included with this report. Conditions of Approval The conditions are copied from towards the end of the analyses and findings (Attachment 102): General G1. As part of building permit application, as well as any prior submittal that follows land use approval with conditions and that is necessary to demonstrate conformance with said conditions prior to building permit application, the applicant shall submit revised site plans and revised or additional documentation meeting the conditions of approval and obtain Planning Division approval through sign-off on permit issuance.The applicant shall submit a cover letter indicating what specific plans sheets or document page numbers demonstrate how the submittal meets each condition. G2. The applicant or successors and assigns shall develop the property in substantial conformance with the final plans submitted and approved with these applications, except as modified by these conditions of approval. Were the applicant to revise plans other than to meet conditions of approval or meet building code, even if Planning Division staff does not notice and signs off on building permit issuance, Division staff retains the right to obtain restoration of improvements as shown on an earlier land use review plan set in service of substantial conformance. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision—S. Boones Ferry Rd Staff Report Page 4 of 17 91 G3. References: Attachment 201 serves as a dictionary or glossary defining certain abbreviations, acronyms, phrases,terms, and words in the context of the conditions of approval. The 200 series of attachments are as binding as the conditions of approval in the main body of the final decision. G4. Due dates/ public improvements: a. When public street improvements, and any fees in lieu of public improvements, are due shall be per WDO 3.01.02E, 4.02.12, and 5.01.06B.1 unless if and where a condition of approval has more restrictive timing. By this condition,there is more restrictive timing: In any case, they are due no later than by Building Division issuance of first certificate of occupancy (C of O), regardless of deferral, if any, that Public Works (PW) might have approved through 3.01.02E. This condition is not deferring to C of O; it is saying that if there were to be PW deferral, then the department could not defer to later than C of O. b. ROW/easements: Correct recordation of required right-of-way (ROW) and public easements is due per WDO 2.01.05A and 5.01.06C.3—by building permit application. See Note A below. c. Where phasing is relevant, building permit issuance means issuance for the phase in which the conditioned improvement is located. Where an improvement spans phases and cannot be functionally divided by phase, it shall be due by the earliest phase. d. Where changes to street addresses are necessary, the developer shall apply through the Planning Division for and obtain approval of an Address Assignment Request. This is due prior to building permit application, and if any of property line adjustment, lot consolidation, partition, or subdivision are relevant, then also after recordation with County. G5. Recordation due dates: The applicant shall apply to the County for recordations of items that the City requires no later than 6 months prior to expiration of the land use approval as WDO 4.02.04B establishes, and shall complete recordations no later than 3 years past the land use "final decision" date. The due date to complete recordations shall not supersede when recordations are due relative to the building permit stage. G6. Administration: a. Conformance:That a land use approval does not reiterate any and each particular detail, provision, requirement, rule, spec, or standard from any of the WDO, other ordinances, resolutions, public works construction code, or department policies does not exempt development from conformance with them. b. Copies: Per WDO 2.01.05B, the developer, including any succeeding contractor, shall provide copies of documentation that a City staff person requests regardless if the documentation source is another City staff person or department. c. Fees: The developer shall pay fees per Attachment 202. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision—S. Boones Ferry Rd Staff Report Page 5 of 17 92 d. Inspections: Whether for subdivision or building permit inspections, the developer or contractor shall contact Planning Division staff minimum 3 City business days prior to a desired date of planning and zoning inspection of improvements. This is required and separate from and in addition to the usual building code and fire and life safety inspections. The developer or contractor shall construct, install, or plant all improvements, including landscaping, to the extent necessary to warrant inspection. Note A: If and where the County does not allow dedication of ROW and grant of public easements through platting or re-platting, then dedication and grant would necessitate a process through Public Works (PW) and City Council acceptance separate from land use approval, which could take several weeks, prior to correct recordation with the County. In this scenario, upon tentative land use approval by the City, contact PW to begin and finish dedication and granting sooner. The City Council meets most second and fourth Mondays, and agenda packet materials are due to the City Recorder by the prior Tuesday at noon. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision—S. Boones Ferry Rd Staff Report Page 6 of 17 93 Preliminary Subdivision 24-01 SUB-1. ROW: The following are due by building permit application: a. Boones Ferry and Traverse: To conform with VVD(] Figure 3.O1C "Minor Arferia|", aa part of recordation the developer shall dedicate ROW if and as necessary to result in half-street ROW that is min width 37 ft measured from centerline for both of Boones Ferry and Traverse. b. Local streets: To conform with VVD[> 3.O1.O4B.1 & Figure3.O1G "Local Residential Street as part of recordation the developer shall dedicate ROW if and as necessary to result in total R[>VV per street that is uniform min width of6Oft. SUB-2. PUE: Along all public major thoroughfares and local streets, ifstreetside public utility easements (PUEs) do not yet exist, the developer shall gnantstreetside PUEs conforming with rninirnurn and rnaxirnurn widths per VVD[> 3.02.0113 & F.2. Note that how subsection F.2 is applicable changes in the context of shared rear lanes (private alleys), and that PVV is likely to direct the use of PUE template. Condition conformance is due the same as per Condition G4b (by building permit app|ioation). SUB-3. Street improvements: The following is due the same as per Condition G4a: a. Fnontage/streetirnpnovernents: 1. Boones Ferry and Traverse: The cross sections shall conform with VVD(] Figure 3.O1C "Minor Arterial" & 3.01.03C.1a and as necessary conform with the public works construction code and PVVdirection. See also condition parts b. & o. below. 2. Local streets: The cross section shall conform with 3.01G "Local Residential Street ..." and as necessary conform with the public works construction code and PW direction. 3. Street stubs: The street stubs as proposed remain required per3.O1.O5A.3 & 5, 3.01.0513.2a, 3.01.05C, 3.01.05F (regarding Upland and Vail), and 5.03.1013.1, 3, & 5 and shall have signed barricades asPVV administers 3.O1.O5B.2b & o. ANX24'O2&SUB 24'O1Sohvvenke/Vezey Annexation/Mill Creek || subdivision—S. 800nes Ferry Rd Staff Report Page 7of17 94 4. Concrete crossings: Intersection leg pedestrian crossings that would be concrete amid asphalt per the tentative site plan are the min required and shall be constructed min width 8 ft and as necessary conform with the public works construction code and PW direction. The locations are: • Traverse & Crocus, south leg; • Traverse & Iris, south leg; • Upland & Iris, west leg; • Vail & Iris, west leg; and • Traverse & Dahlia, south leg. b. Traverse sidewalk: The developer has the option to omit the bicycle/pedestrian corridor tract between the Upland cul-de-sac bulb at the north and the subject territory boundary at the south (enlarging Lots 11-13) in exchange for the Boones Ferry and Traverse sidewalks being min width 8 ft. Wider sidewalk shall not narrow the landscape strip. The extra width of planter strip and sidewalk shall either(1) be within additional ROW that accommodates them, or(2) overlap outside ROW into streetside PUE, the PUE or other recorded legal instrument granting public access to the overlap. c. Traverse median: Based on TSP Project R29 "South Arterial" (TSP p. 33), WDO Fig. 3.01C and WDO Note 3.01C, and in keeping with Comprehensive Plan Policies D-1.3 regarding sufficient landscaped area and D-1.5 regarding tree planting, the developer shall design and construct a median as follows: 1. Initial specifications: (a) Location: Within the two blocks between Iris and the subject territory east boundary (300 &400 blocks). IIatl 1 ��f Iwo 77 t 1 P{'J'RVF � F. .I�I �n ass _ e ra uY uo ma Exhibit SUB-3c. Approximate Locations of Medians (in green) (b) Basic mins: Curbed, width min 8 ft and max 10 ft between backs of curbs, and — as combined total for both medians— min area within curbing of 4,900 sq ft w/ min 19 trees o.c. spacing average of 30 ft. (Min width not applicable to end tapers that transition to left turn lanes at intersections, if any such lanes.) (c) Extent/length: For each additional increment of median that is at least 30 ft long, it shall have min 150 sq ft of landscaping min 8 ft wide with min 1 tree. (d) Pavement: If each 150 sq ft of landscaping around each tree is min 8 ft wide, the remaining area within the median, if any, may be surfaced with other than landscaping and per PW specs; however, cobbles, gravel, pebbles, and rocks remain prohibited within 1 ft of backs of curbs. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision—S. Boones Ferry Rd Staff Report Page 8 of 17 95 2. Additional specifications: Per PW during CEP. For street landscaping, median trees shall conform with the street tree requirements of WDO 3.06.03A, and the developer is prohibited from fee in lieu of more than 3 median trees. Landscape or planter strips shall have area remaining after median tree plantings conform with 3.01.04B, last paragraph, except where and as condition subsection (d) above allows pavement. SUB-4. Street trees: a. Cross sections illustrate street trees, which are required per and in conformance with WDO 3.06.03A. b. The developer shall establish a street tree plan to which the Planning Division and PW affirm prior to building permit application. This task is due no later than building permit application and may be incorporated into the CEP review process led by PW. c. The street tree fee in-lieu amount shall be per Attachment 202. SUB-5. Bicycle/pedestrian corridors/subdivision shortcut paths: a. Per WDO 3.01.07C &Table 3.01A, row 2, the preliminary subdivision bicycle/pedestrian corridor tracts shall remain and continue to conform with the min width of 20 ft. However, the tracts among Lots 33, 34, 54, 55, 78, & 79 may shift locations east-west within their respective blocks as long as both tracts continue to align. As an exception pursuant to Condition SUB-3b, the developer has the option to omit the bicycle/pedestrian corridor tract between the Upland cul-de-sac bulb at the north and the subject territory boundary at the south (enlarging Lots 11-13) in exchange for the Boones Ferry and Traverse sidewalks being wider as described therein. b. Per WDO 3.01.07E & F, corridor improvement and landscaping shall conform with WDO interpretation memo INT 22-0608 "Off-Street Public Bicycle/Pedestrian Facility Specifications" (June 8, 2022) or as amended and with the proviso that Part B3c is modified to landscaping min width 8 ft (with other side of path narrowing to 4 ft). Per WDO 3.01.07D, "Class C" is the applicable one. Plan review per 3.01.07G may be incorporated into the CEP review process led by PW. Conformance is due the same per Condition G4a. c. Access: Every bicycle/pedestrian corridor tract shall be covered with an easement granting the public bicycle and pedestrian access. d. Utilities: 1. Every bicycle/pedestrian corridor tract shall have a PUE min width conforming with 3.02.01C, aligned with the tract side boundary across the path from the widest landscape strip, and minimum extent equal to that of the tract. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision—S. Boones Ferry Rd Staff Report Page 9 of 17 96 2. The developer may provide for access and utilities together in one or more consolidated easements, and PW might require the use of one or more PUE templates. To the satisfaction of PW, the easement(s) shall make explicit that in no case do they imply or require that the City assume maintenance of privately-owned tracts, whether actively or through association devolution. e. TCEs: 1. Where bicycle/pedestrian corridor tracts abut the subject territory boundary, and grading within the boundaries of the territory is not possible to have the pavement of a given path reach the boundary, then for each affected tract the developer shall grant one or more temporary construction easements (TCEs) with authority for both the City and the owner of the adjacent property to come onto the applicable affected tract to grade and extend pavement. 2. If and where the developer is unable to determine the TCE necessary width and extent, then the presumptive dimensions would be width equal to tract width and extent equal to 10 ft. 3. Draft submittal to the City is due by final plat, and recordation of the one or more correct TCEs is due the same as per Condition G4b (by building permit application). 4. If either the developer decides to grant the one or more TCEs by conveyance documents separate from the plat, or Note A found at the end of general conditions becomes applicable, then it remains with the developer to budget additional lead time for City staff review. SUB-6. Access management: a. Shared rear lanes (private alleys): To conform with 3.04.01A.4 & 3.04.03C.1 & 2, lots adjacent to shared rear lanes (alley-loaded lots) shall have their driveways and parking pads limited to access along the adjacent alley, not only for lots along Boones Ferry and Traverse but also Lots 5, 6, 94-98, & 117-123. n �z L �..� 'g ,,, fi h IrRAVipt('P'RD UPLAND AVE V97L• — a x Exhibit5UB-6a. AIIeyAccess (in blue) ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision—S. Boones Ferry Rd Staff Report Page 10 of 17 97 b. Flag lots: To conform with 3.04.03D.3, Lots 12 & 13 shall share a driveway approach / apron /curb cut/ ramp. Refer to PW SS&Ds 4150-1 &4 or as amended. .� 111 au ISI !80 vlp v a a s ry ron „+,vt yr x i sro ray m tm ra'rr a ,e es xs ry. i a i � G w qq vg x WLA .., r, ps M wr a .... rp e a a Exhibit SUB-6b. Flag Lot Access (in yellow) c. Driveways: To conform with Table 3.04A, each residential lot driveway approach / apron /curb cut/ ramp along a street shall be max width 16 ft (measured between triangular flares) with max one driveway per lot except if and as conditioned elsewhere for joint or shared access for pairs of lots in which case the max is one driveway per 2 lots. Along shared rear lanes (private alleys), driveways, if any, have no max width. For each shared rear lane (private alley), each driveway at the street shall be max width 16 ft. If the stormwater detention pond tract is to have a driveway, then the max width shall be 10 ft. d. Joint driveways/shared driveways: Per 3.04.03D.1, among Lots 19-28 along Vail, min 8 (4 pairs of lots) shall share driveway aprons; among Lots 29-41 along Vail, min 10 (5 pairs of lots) shall share driveway aprons; and, among Lots 104-116 along Upland, min 10 lots (5 pairs of lots) shall share driveway aprons. Exhibit SUB-6d below illustrates the subject groups of lots. The max width shall be (1) 16 ft for each of these joint or shared driveways where leading to garage doors each approximately 8-9 ft width (a one-card wide garage) and (2) 32 ft where leading to garage doors each approximately 16 ft width (a two-car wide garage) or where one lot garage door is 8-9 ft and the other lot garage door is 16 ft (a one-car and a two-car garage). Outside the ROW, each lot driveway/ parking pad may be wider by telescoping from the apron as long as there remains conformance with WDO 3.05.02D.3. (Refer also to Ordinance No. 2521 [20141, a general ordinance that prohibits parking on lawns.) ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision—S. Boones Ferry Rd Staff Report Page 11 of 17 98 n _ 119 90 !Rf AA �y ai a b b tt1 ATI CIS !80 il9 YT :eoa ,ups m� xn.l mw7 IM !OD m ➢6Y, f ;�d[ % iY. I �N'�`�„ „', _ fin_ _ _ G,PL.gNDd✓$' _. ' _ _... re. l F i e b at fi iy [ I I a a � � VAtLAVE Exhibit SUB-6d. Groups of Lots Subject to Joint Driveways (in green) e. Lot 13: Because per WDO 3.04.03D.3, Lot 12 &flag Lot 13 must share a driveway, which in turn necessitates vehicular shared access easement area, and because Table 2.02B and its footnote 1 indicate that flag lot minimum area calculation excludes vehicular shared access easement area, it is unclear what the easement area and dimensions of would be along the pole of flag lot 13, it might shrink the Lot 13 area from 9,381 sq ft to less than the minimum area, and the developer shall clarify the situation and make it conforming through revised plat drawings with a subdivision final plat application (FSUB). SUB-7. Significant Tree preservation and removal: Consistent with the arborist report dated and submitted January 30, 2025, the developer shall: a. Preserve Trees 5-9 (subject territory SW corner, Lots 17 & 18) consistent with the arborist report dated and submitted January 30, 2025 and pursuant to WDO 3.06.08 "Tree Protection During Construction". ....................................................................................................................................................................................................................................................................................................... EXISTING TREE TO ICE IREPOVED EXI''TING TREES TO HE FRESEW� ED AND PROTECTED 05 l .r .. PROPOSED FENCE. HAND DIG FOUR POST HOLES, A"VOID IIRQOT" OVER, 2—INCH IN DIAMETER- EXISTING, OFFSITE TREES TO BE PRDTE+C D Exhibit SUB-7. Trees 5-9 to Be Preserved b. Submit for plan review of tree protection per WDO 3.06.08C.1e due per that section (CEP or building permit application). c. Illustrate, note, and plant mitigation plantings per WDO 3.06.07D.2 within subdivision tracts and/or pay fee(s) in-lieu per Attachment 202 and its Exhibit 202. Advisory: Because several Significant Trees to be removed are Oregon ash (Agrilus planipennis), which increasingly in Oregon including Woodburn suffer infestation by ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision—S. Boones Ferry Rd Staff Report Page 12 of 17 99 emerald ash borer (EAB), the City advises the developer to comply with state of Oregon agency directions about how to stem infestation found at <www.oregoneab.com>. SUB-8. Stormwater detention pond fencing: If the Stormwater detention pond and/or its tract is fenced or walled, fencing or free-standing walls shall conform through a fence permit per 5.01.10 with max height 3.5 ft along the three streets per WDO 2.06.02A.2, with any gates being up to the same max height. If there is fencing and it is to be chain link, then it shall be coated per WDO 2.06.02D.2 and a color other than black, charcoal, or dark gray. SUB-9. Documents: a. Easements: Recordation shall conform with WDO 2.01.05A, that is, the developer shall accomplish correctly prior to building permit application. b. HOA: 1. Prior to conveying land ownership of any tract, the developer shall establish an association, such as homeowners association (HOA), pursuant to ORS 94 and other applicable statutes. 2. Topics: The association documents shall in the sections addressing topics that respective City ordinances or WDO sections also address, cite and advise readers to see these public regulations (or as amended): WDO 2.06 (fences and free-standing walls), 2.06.03 (accessory structures), 2.07.02 (boat and recreation vehicle [RV] storage), 2.07.03, 2.07.10 (home occupations or home-based businesses), 2.07.20 (accessory dwelling units [ADUs]), 3.05.02D.3 (no parking in front yards outside driveways), 3.03.06 (sight triangles or vision clearance areas, in relation to fences and free-standing walls), & 3.10 (signage) as well as Ordinance Nos. 1917 (1985; street frontage maintenance and repair), 2084 (1992; burglar alarms), 2136 (1994; chronic nuisance properties) 2225 (1998; that the City and not HOAs regulates and polices its public streets), 2257 (2000; golf carts), 2312 (2002; noise), 2338 (2003; nuisances,junked vehicles), 2424 (2007; street tree removals and replacements), 2434 (2008; animal control), 2521 (2014; parking on unimproved areas), 2577 (2020; camping in public rights-of-way), and 2632 (2024; on-street public parking rules). The City Recorder maintains the Ordinance Compilation webpage. The association documents also shall cite and comply with enrolled Oregon House Bill 2001 (HB 2001) (2019), Sect. 13 (p. 10) or directly the statute that the legislation amended, making the point that a newly constituted association cannot ban "middle housing". 3. Documents: The developer shall provide copies of articles of incorporation, bylaws, and CC&Rs for the association to the Assistant City Attorney and Director for review by final plat application to the City or earlier if ORS 94.565(2) requires. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision—S. Boones Ferry Rd Staff Report Page 13 of 17 100 c. Plat: 1. E. Traverse Road and Upland and Vail Avenues shall retain their names. 2. The plat labels of square footages of lots and tracts, where in the thousands, shall have commas, e.g. "7982" shall read, "7,982". 3. Tracts, which the preliminary subdivision drawing does not designate, shall be lettered per Exhibit SUB-2 below: n E ( , � ua in as x +ro is „m ._... vhacr. _ r a µ, I`�. a VAILAVE � J J x u a i I x r mry Exhibit SUB-9c3. Tract Lettering 4. Upon recordation, the developer shall submit to the Director and PW copies of correctly recorded documents per WDO 2.01.05. 5. Administrative allowance to increase lot count/number: Relative to WDO 5.01.06B.3 and based on the experience of PUD 22-01 Mill Creek Meadows (1490 Brown Street), this condition grants administrative allowance for the developer to have a moderate increase in the number of lots in a subdivision final plat application (FSUB) compared to SUB 24-01 without necessitating any of City refusal to approve the final plat; City denial of the final plat; application for and City approval of a preliminary subdivision application succeeding SUB 24-01; or, application for and City Council approval of Modification of Conditions (MOC) Type IV through WDO 4.02.07. The purpose is to allow further division and attendant resizing of lots intended for houses or duplexes into lots for townhouses with less hassle for both the City and the developer. The Director would grant the allowance (through subdivision final plat approval) only if the subdivision final plat meets the following restrictions: (a) Each lot continues to be of minimum lot area in conformance with WDO Table 2.0213; (b) Each lot continues to meet the remaining dimensional standards of Table 2.02B, namely minimum width, depth, frontage, and as applicable table footnote 1 regarding flag lots; ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision—S. Boones Ferry Rd Staff Report Page 14 of 17 101 (c) Compared to the SUB 24-01 preliminary plat drawing lot count of 130, the total number rises by no more than 34 lots (26%) lots to 164 max. The exhibit below illustrates lots staff envisions as most ready for further division because of shared rear lane/ private alley access, the lots serving as the basis for the number 34 derived from assuming 25 ft width for each townhouse lot and 30 ft for each townhouse corner lot and each townhouse group being maximum 4 dwellings as the RS zoning district allows and with 10 ft between groups; however, the exhibit assumptions and specific colored lots are not required to make use of the allowance; and a ,t a / �✓/�ii / /i aw /!/ TRAVERSH Hf! w . ,ter �H✓ »o rw.ecr _ r z I _ -- __ - r,1 If !; , 'v, .,., w� n �P,+.W,•n�, A Exhibit SUB-96 (d) The subdivision final plat application includes a plat drawing or site plan as an exhibit coloring what lots are further divided and labeling their changed square footages and dimensions. SUB-10. Expiration: Based on ORS 92.040(3), development per the Council land use final decision may continue 3 years past the decision date, the 3-year approval period being established by WDO 4.02.04 and as follows: a. Final Plat: The developer shall apply to the City prior to or no later than on the same date as applying to Marion County for recordation. b. Recordation with Marion County: Same as WDO 5.01.06C.1. (within 30 calendar days of the Director's signature on the plat Mylar). c. Vesting: The decision is vested unless: 1. The developer fails to meet subdivision and public improvement requirements, resulting in the City being unable to authorize staff to sign a final plat Mylar by July 1, 2030; or 2. There is no substantial construction as defined in WDO 1.02 by July 1, 2035. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision—S. Boones Ferry Rd Staff Report Page 15 of 17 102 Actions The Planning Commission may instead act on the land use application to recommend that the City Council: 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) ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision—S. Boones Ferry Rd Staff Report Page 16 of 17 103 Attachment List 101. Marked Tax Map 102. Analyses & Findings 102A. Public Works comments (April 2, 2025) 103. Site plans (dated Jan. 3, 2025 and submitted Jan. 3, 2025; 3 sheets) 103A. Annexation Service Provider Letters (SPLs; 3 pages) 104. Transportation System Plan (TSP) Fig. 2 "Functional Roadway Classification" 105. TSP Fig. 6 "Local Street Connectivity Plan" 201.* ANX 24-02 Mill Creek II: Dictionary & Glossary 202. ANX 24-02 Mill Creek II: Conditioned Fees, with Exhibit 202 *The 200 series of attachments are details for the conditions of approval. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision—S. Boones Ferry Rd Staff Report Page 17 of 17 104 1` ZO o c V V c 2 o f a o m H a 3 m z o a) « I O w ._� >, ° d e L�J+ 0 0 — 0 } V a 0- rcCD m 5O a a 0 0 2� > o 1 m + ,�; m o �0 "�� o o ao � am — wo� wa° _ O o F� ° E coo z?o m ��A° (D ¢.g O = r N a m n,m :A m w ————---————--- o 8 _ z° �z w O �. 0 ROWN ST a X g` o-� 0 -o------- .�°--------- ,.,,w M <o O O co Cl) am O ° m e e m O ° a O O OM 001 am �o aspa Ob m w m No o L a� r Ln U Ln 0 �o &5 0 Attachment 102 ANX 24-02: Analyses & Findings This attachment to the staff report analyzes the application materials and finds through statements how the application materials relate to and meet applicable provisions such as criteria, requirements, and standards. They confirm that a given standard is met or if not met, they call attention to it, suggest a remedy, and have a corresponding recommended condition of approval. Symbols aid locating and understanding categories of findings: Symbol Category Indication Requirement (or guideline) met No action needed Requirement (or guideline) not met Correction needed %n 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 ......................................................................."...............i .. " .....................................................".......(......................................). Section references are to the Woodburn rn Develo y_��r„� ��„� ��: u��a�ice Table of Contents Project Name &Case File Numbers..............................................................................................................2 Location.........................................................................................................................................................2 LandUse &Zoning........................................................................................................................................2 StatutoryDates.............................................................................................................................................3 AnnexationProvisions ..................................................................................................................................4 Zoning Map Change Provisions.....................................................................................................................9 Subdivision Preliminary Approval Provisions..............................................................................................10 RemainingProvisions..................................................................................................................................22 Recommended Conditions of Approval......................................................................................................23 ApplicantIdentity........................................................................................................................................35 Notesto the Applicant................................................................................................................................35 Brown Street Annexation ANX 24-01&ZC 24-01 Staff Report Attachment 102 Page 1 of 37 106 Project Name & Case File Numbers The project name is Mill Creek II. The land use application master/parent case file number is Annexation ANX 24-02, and the children/corollary case file numbers are Preliminary Subdivision SUB 24-01 and Zone Change ZC/ZMC 24-02. Location Address(es) None Tax Lot(s) Tax Lots 051W19B000600 [primary], 700, &800; 32.2 acres Nearest Any of the south ends of Iris, Sunflower, Daylily, Dahlia, or Foxglove Streets at the intersection "South Arterial"-signed half-street Land Use & Zoning Comprehensive Plan Land Use Designation Low Density Residential Zoning District Residential Single Family (RS) upon annexation Overlay District(s) n/a .... Existing Use(s) .... None... 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: N Comprehensive Plan land use map excerpt Zoning map excerpt Cardinal Direction Adjacent Zoning North IRS: Boones Crossing subdivision East IRS: rural homesteads South n/a because County zoning West IRS: rural homesteads ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 2 of 37 107 Statutory Dates Application February 3, 2025 Completeness 120-Day Final June 3, 2025 per Oregon Revised Statutes (ORS) 178. (The nearest and Decision Deadline prior regularly scheduled City Council date would be either May 12 or, if there is one held in lieu of and after Memorial Day, then May 27, 2025.)* *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). ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 3 of 37 108 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 September 3, 2024 and revised and additional materials through January 30, 2025 (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 b) Connects existing stub streets,or other discontinuous streets,with another public street. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 4 of 37 109 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. ... 4. The Significant Tree preservation and removal provisions of Section 3.06.07 are applicable to unincorporated territory that is the subject property of an Annexation application. 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(PLIE) 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 24-05) on April 25, 2024. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 5 of 37 110 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 Comprehensive 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: E. Traverse Road (presently a north half-street along the Boones Crossing subdivision signed "South Arterial") borders the easterly north boundary of the subject territory, and S. Boones Ferry Road borders the west boundary, both providing means of access. The annexation legal description and map series include the S. Boones Ferry Road right-of-way (ROW) adjacent to the lots composing the preliminary subdivision area. • Transit: Along either or both roads, 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. Third, 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. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 6 of 37 111 2. The territory is contiguous to the City. Per the Comprehensive 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. The applicant's revised narrative (submitted November 12, 2024, pp. 35-39) addresses the annexation provisions. The Public Works Department comments (April 2, 2025; Attachment 102A) have no objection to annexation, and the theme of the comments is civil engineering plan review for conformance prior to construction of typical public improvements by a developer of the territory to be annexed. 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 August 2, 2024 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. 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 does not meet the guideline that it "should be contiguous to the City on two or more sides". 2) The applicant's narrative (pp. 37-38), though not addressing directly, implies that the territory would not provide more than 5-year supply of housing. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 7 of 37 112 3) The applicant's narrative (p. 37-38) addresses by stating intended conformance with the Transportation System Plan (TSP), and there's no written objection by the Public Works Department to the applicant's narrative. 4) Regarding (a) & (b), as clear from the preliminary plat drawing and tentative site plans, the proposal would led to dedication and improvement of a segment of E. Traverse Road ("South Arterial") and extends from Dahlia and Iris Streets and S. Boones Ferry Road the road and street layout or network to allow for future connections east (ultimately to Brown Street) and south. 5) n/a at least for the Planning Commission hearing because no City Council hearing has yet occurred. 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. The Estates development pre-dates both the WDO original adoption in 2002 through Ordinance No. 2313 as well as the WDO predecessor: the Woodburn Zoning Ordinance [WZO] adopted through Ordinance No. 1344 as well as what was the Woodburn Subdivision Ordinance adopted via Ordinance No. 1066.) 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 corollary subdivision application proposes to dedicate required ROWs, but lacks delineations of the streetside public utility easements (PUEs) that the developer is to grant (minimum 5 ft; maximum 8 ft), failing to meet 2. For the reasons described in the Subdivision Preliminary Approval Provisions section farther below for subdivision criterion 5, staff applies a streetside PUE condition. Vr The annexation criteria are met. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 8 of 37 113 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 ZC/ZMC24'O2 comes with annexation in order to assign City zoning, and the proposed zoning district complies with the Comprehensive Plan land use map designations, the criteria are not applicable. Not applicable. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek 11 subdivision S. Boones Ferry Rd—Staff Report Attachmentl02 Page 9of37 114 Subdivision ^ ^ Preliminary ^ Approval Provisions =U�=�=U��U��U� . ��.U��UU�� . . ��Uons 5.03.10 Subdivision Preliminary Approval A. Purpose:The purpose of a Type III Subdivision decision is to ensure that the division of properties into 4 or more lots complies with the standards of this Ordinance(Sections 2 and 3).Subdivisions are allowed in all zones, provided the proposal meets applicable standards. B.Criteria: Preliminary approval of a Subdivision shall require compliance with the following: 1.That approval does not impede the future best use of the remainder of the property under the same ownership or adversely affect the safe and efficient development of the remainder ofany adjoining land or access thereto. 2.That the proposed development shall be served with city streets,water,sewer and storm drainage facilities with adequate capacity. 3.That the plan for the development takes into account topography,vegetation and other natural features of the site. 4.That adequate measures have been planned to alleviate identified hazards and limitations to development: a. For wetlands these shall be the measures required by the Division of State Lands for regulatory wetlands. b. For unstable areas,demonstration that streets and building sites are on geologically stable soil considering the stress and loads. 5.The preliminary plat complies with all applicable provisions of this Ordinance (Sections 2and 3), except where waived by variance. Below is an analysis of the 5 criteria, and for which criterion 5 among the five is the one that relates to the most VVD(] sections regarding development of residential subdivision. 1. That approval does not impede thefuture best use of the remainder of the property under the some ownership or adversely affect the safe and efficient development of the remainder of any adjoining land or access thereto. Regardingfrontagp/street improvements, the street layout or network, and the bicycle/pedestrian subdivision connection path tracts /shortout path tracts asexamined farther below under subdivision criterion 2, these also meet criterion 1. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek 11 subdivision S. Boones Ferry Rd—Staff Report Attaohment1O2 Page 1Oof]7 115 2. That the proposed development shall be served with city streets, water, sewer and storm drainage facilities with adequate capacity. Part 2-1: Frontage/Street Improvements: Part 2-1a: E. Traverse Road/"South Arterial" Regarding E. Traverse Road / "South Arterial" and WDO 3.01.01, 3.01.02, 3.01.03C.1, 3.01.031, 3.01.04A & B, Figure 3.01C "Minor Arterial", & Note 3.01C as applied through subdivision criteria 2 & 5, the proposed development is the second to develop a segment of the planned "South Arterial" and name it E. Traverse Road. (The first is Mill Creek Meadows planned unit development PUD 22-01, preliminary subdivision SUB 22-01, and subdivision final plat FSUB 24-01 at 1490, 1550, & 1636 Brown Street.) The road by approximately the year 2039 is to manifest and traverse the southern region of the urban growth boundary(UGB) east-west per the Transportation System Plan (TSP) adopted September 2019, specifically its Table 2 "Roadway Plan Projects" p. 33 Project R29 and Figures 2 "Functional Roadway Classification" and 3 "Roadway Plan Elements", excerpted below: .....................................................................................................................................................................................................�,:o rrcfru�c�l..the...,`a�oufl�E�n.�'..A.rtre.ri�i...fro rri.................................................................................................................. R2,4 SrJ�.ith Ftrt�rial City I`J�wr rxi�rdwrcry Ewrrr�reen EQ�rd to�R 9 rE{2 larr�•nl t,N��iurrn �1�,FS�J,�CJ e.. . �.. !r _m r i r4r � A Existing Roadway , t i ^ A � hr. a p� � P iC ,wr,wnw,r. ya:: Future Roadway ♦ f ,ate Fol v:.flame d4rlenmt .ten. � raven NW r- ..,-- — ..- to rrw 4arvux.,mtav� "•.�' �� m 0 1,1000 20 �. r ire�A 0 Auode6wl � F �+ Functional)Roadway Classltivatian . Woodburn,Oregon N,AP F!jr,ter.dvray li ..are awp te.and n�kl [I f.rihzr mim pynprtt. 1. Applicable cross section: The TSP contains a conflict in that the text listing of R29 specifies the South Arterial as a two-lane road, while Figure 2 indicates that it is Major Arterial class for which the WDO standard cross section is a four-lane highway per Figure 3.01B. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 11 of 37 116 Regarding what became PUD 22-01 Mill Creek Meadows, for pre-application meeting PRE 21-25 on September 8, 2021, agenda p. 3, Item A4 identified the conflict and indicated that staff resolved the conflict (in favor of the literal text over the conceptual figure) and that the developer and future developers of the rest of the planned road should proceed accordingly per Figure 3.01C "Minor Arterial" class. 2. Alignment: Regarding the alignment per TSP Figure 2 and what became PUD 22-01 Mill Creek Meadows„ upon PRE 21-25 the Community Development Director, Public Works Director, and City Engineer agreed to interpret and administer such that the easterly regional alignment (east of S. Boones Ferry Road) would follow not the south boundary of the subject property but instead the rough middle so that it would align with a previously built segment of a differently aligned South Arterial based on the previous TSP adopted 2005. (That segment is a four-block long improved half-street within the south boundary of the Boones Crossing PUD, located one block south of Spring Boulevard, and identified with the placeholder designation South Arterial — no name or suffix—as platted and that appears in Google Maps. ) These findings about E. Traverse Road alignment and standard cross section, echoing PUD 22- 01 Attachment 102 "Analyses & Findings" pages 18 &19, continue to other developments involving segments E. Traverse Road, including the subject ANX 24-02 & SUB 24-01 Mill Creek II. The findings are the basis for the subdivision conditions of approval regarding how to conform with WDO 3.01.01, 3.01.02, 3.01.03C.1, 3.01.031, 3.01.04A & B, Figure 3.01C "Minor Arterial", and Note 3.01C. Regarding Figure 3.01C, Note 3.01C provides for applying a median to an improved segment, and a condition requires median segments in the easterly part of E.Traverse Road, fostering Comprehensive Plan Policies D-1.3 regarding sufficient landscaped area and D-1.5 regarding tree planting as well as the street tree purpose statement of 3.06.03A. (The median would be similar to that in the first segment of E.Traverse Road, which would be found in the nearby subdivision to the east, Mill Creek Meadows at 1490 Brown Street. The City conditioned that subdivision to have such a median in the middle, longest block of E.Traverse Road. The revised civil engineering plan set that the Public Works Department Engineering Division either has issued or is soon to issue as the approved set shows the median in conformance with the condition of approval and with more construction detail that shown during the PUD 22-01 land use review stage.) ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 12 of 37 117 Part 2-1b:S. Boones Ferry Road Regarding S. Boones Ferry Road, Transportation System Plan (TSP) Figure 2 "Functional Roadway Classification" designates the segment as Minor Arterial for which the standard cross section is WDO Figure 3.01C "Minor Arterial". The subdivision conditions of approval make explicit conformance with WDO 3.01.03C.1a and Figure 3.01C "Minor Arterial". Part 2-1c: Local Streets Regarding subdivision internal streets—the local streets—they are local per Transportation System Plan (TSP) Figure 2 "Functional Roadway Classification", and the standard cross section per WDO 3.01.04B.1 is WDO Figure 3.01G "Local Residential ...". The subdivision conditions of approval make explicit conformance with WDO Figure 3.01G "Local Residential ...". The proposed local street layout or network conforms with WDO 3.01.05A.1, 2, 3, & 5; 3.01.05B.2a; 3.01.05C; & 3.01.05F if platted as proposed and with the conditions of approval. Part 2-1d:Street Stubs (Or, Stub Streets) The proposed local street layout or network conforms with Comprehensive Plan Policy G-1.3 and WDO 3.01.05B.2a relative to undeveloped rural lands to east, south, west of the subject territory where no public roads exist along adjacent properties other than Brown Street, Belle Passi Road NE, and S. Boones Ferry Road —if platted as proposed and with the conditions of approval, especially regarding Upland and Vail Avenues and what would be future connection east to Brown Street as well as the respectively named avenues in Mill Creek Meadows. Part 2-2:Subdivision Connection Paths/Shortcut Paths The proposed layout of bicycle/pedestrian tracts conforms with Comprehensive Plan Policies G- 1.4 and (regarding the nearby public park in the Boones Crossing Phase 6 subdivision to the westerly north of the subject territory) H-1.4 and WDO 3.01.05A.8 and 3.01.05B.2a & 3 relative to both the long blocks within the subdivision and to undeveloped rural lands to east, south, west of the subject territory where no public roads exist along adjacent properties other than Brown Street, Belle Passi Road NE, and S. Boones Ferry Road— if platted as proposed and with the conditions of approval. It also conforms with 3.01.05C.2-4, 3.01.07A, 3.01.07C, and Table 3.01A row 2—if platted as proposed and with the conditions of approval, especially regarding path and landscaping improvements per 3.01.07D-G. Based on the rest of the layout, particularly the tract connecting the Upland Avenue west cul- de-sac bulb west to S. Boones Ferry Road, the proposed tract connecting the Upland Avenue west cul-de-sac bulb south to the subject territory south boundary is no longer as useful as it was when in the application original submittal both the other tract was lacking and when Vail Avenue lacked a west stub. (The revised submittal then showed both.) The purpose is to have the properties to the west along the road not develop without a walking and cycling connection to the subject Mill Creek II subdivision and a more direct path to the public park in the Boones Crossing Phase 6 subdivision to the westerly north of the subject territory. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 13 of 37 118 Staff applies a condition of approval granting the developer the option to omit the bicycle/pedestrian corridor tract between the Upland cul-de-sac bulb at the north and the subject territory boundary at the south (allowing enlargement of Lots 11-13) in exchange for the Boones Ferry and Traverse sidewalks being wider than 6 feet, specifically wide enough to serve as a de facto bicycle/pedestrian path for interested but concerned cyclists and would-be cyclists fearful to ride in a bicycle lane along the traffic of a major road. Part 2-3: Concrete crossings The select intersection pedestrian crossing legs proposed as concrete are consistent with examples constructed downtown along First Street and in the Smith Creek development as well as drawn on civil plans and to be constructed in the Mill Creek Meadows subdivision. Their purpose is a means of traffic calming, directing motorist attention to potential conflicts with pedestrians, and they are in keeping with Comprehensive Plan Policy H-3.2. The conditions of approval secure them through subdivision final plat. Part 2-4: Bus Transit Regarding WDO 3.01.09, staff observes that: A. No City bus line or route runs along the site. B. Neither the Salem-Keizer,C,;;,��„��,r,r,u,ots 10X or 20X routes runs along the site, and no other transit agency is relevant. C. The closest is the bus stop at the intersection of S. Front Street, S. Settlemier Avenue, and Parr Road along 151 Parr Rd. This is approximately 0.5 miles from the northwest corner of the subject property at S. Boones Ferry Road and what will be E. Traverse Road, equal to a walk of about 12 minutes or a bicycle trip of about 3 minutes with longer travel times from the subdivision interior. D. The bus stop has no shelter. E. The City Council adopted the l r a„n s i tD,e,Ve„l,()„p,!]„!' „ via Resolution No. 2213 „ on June 12, 2023, which succeeded the Transit Plan Update (TPU) adopted via Resolution No. 1980 on November 8, 2010. F. A TDP key element is on TDP p. 80 as Figure 63 "Bus Stop Changes". The illustration and notes indicate along "Route B" (green line) relocation of the bus stop within the same intersection—from the northeast to the southwest corner (from the red dot to the yellow dot). It is not identified among those specifically identified to have a shelter (lacking a dashed line circle around the yellow dot). ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 14 of 37 119 ................................................................................................................................................................................................................................................................................................................................................................................................................................................... BUS STOP CHANGES Figure 63 Preferred Service Plan Bus Slop Changes Preferred Scenario Stops al Existing � Route A �', New s Route B Removed �- .....Route C 01 With shelter z � �l �A kCillY /f� UlkIUd111R{Ill( ``^Fug �+np ///,Waodb�a m Pmemic�n WKWILA i7utlefs'� i �11 a rot19 ��''"' �L �r �i� IMempnal my Voadhunn�tiS (� tM "r ri n i I y r Transit Center M �m L Clinic '� Saiud iv u- r ediceIC znt r Mlid Salle ze iouoio�ifuoti� �u 9 Y P1i` 0 ra ac N 10 �fii t PoI W X� s ir�Legion Y00[ ANN WaImArt e agaFon sB� a w�Y rN Park / ' w fJpYl 100 / yp � irrrdr�riNriu � MuirES � 1 Mel6e j, � riai.�uu ouee, arrr „ 6 Dawnk r N;�u�u 01 , w f zan Wsrehousa H r 4n,r Goodwr m �u ii TVA) y, �g� eTransifi Paoter �lAi 'r4rNhY9 aw, �"�" iF f6 , PAN A m 1 Centennial Park ✓ ""�" � �� , 0 1 r i ff/f 4 r - Destinations City Limits p Retail 0 Grocery Urban Growth Boundary 0 School Q Library ()City Hall O Transit center Park or Open Space Q Clinic Q Majoremployer +wno Q 0.25 0.5 Miles Excerpt of TDP Fig. 63 "Bus Stop Changes"(from p. 80) G. TDP Fig. 63 does not identify any new bus routes or stops farther south. H. The Planning Division Administrative Specialist e-mailed as is routine notice of public hearing to other City staff including the Woodburn Transit Service (WTS)Transit Manager on March 21, 2025, who as of March 31 had not inquired or commented to the case planner/ reviewing planner regarding the proposal. I. The Public Works Department Engineering Division defers to any of the Planning Division and the WTS regarding transit, and the Public Works comments that are Attachment 102A have no mention of bus transit. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 15 of 37 120 Because of the above, Planning staff determined that (1) there would be a weak case in applying WDO 3.01.09 by conditioning bus transit improvements or fees, such as a fee in-lieu of a bus shelter in whole or in part, and (2) that there was no interest by the Transit Manager in applying such; therefore, 3.01.09 is not applicable. Part 2-5: Public Facilities Generally 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 or subdivision and that public works can serve the development through typical public improvements by a developer of the territory to be annexed. Additionally, the applicant's narrative (submitted November 12, 2024) addresses the annexation and subdivision provisions. There's no written objection by the Public Works Department to the applicant's narrative. A Subdivision criterion 2 is met with the conditions of approval. 3. That the plan for the development takes into account topography, vegetation and other natural features of the site. The site is mostly flat with drainage tending northeasterly and, having been a farm, has no wilderness or landmark natural features and only grass and several trees remaining of which the removal of most and preservation of some staff examines and approves farther below under subdivision criterion 5. A conventional stormwater detention pond ("water quality facility") and attendant stormwater management civil engineering conceptually illustrated by the tentative site plan is enough to address topography as the developer and the Public Works Department Engineering Division will refine after a final land use decision and during civil engineering plan review prior to construction. Subdivision criterion 3 is met. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 16 of 37 121 4. That adequate measures have been planned to alleviate identified hazards and limitations to development: a. For wetlands these shall be the measures required by the Division of State Lands for regulatory wetlands. b. For unstable areas, demonstration that streets and building sites are on geologically stable soil considering the stress and loads. Among aerial photography and the application materials, there is no evidence or documentation of any creeks, drainage ways, wetlands, or "unstable areas", which staff takes to mean cliffsides or steep hillsides at risk of landslide, within the subject territory. The applicant's narrative indicates that there are no wetlands (p. 35). Additionally, review of demonstration by the developer that streets and building sites are on geologically stable soil considering the stress and loads defaults to the Public Works Department Engineering Division after a final land use decision and during civil engineering plan review to determine prior to street construction and to the Building Division to determine prior to dwelling permit issuances and during inspections. D1ua��J Subdivision criterion 4 is not applicable. 5. The preliminary plat complies with all applicable provisions of this Ordinance (Sections 2 and 3), except where waived by variance. Part 5-2.02: Residential Subdivision Basic Dimensional Standards Regarding basic subdivision lot dimensional standards (WDO Table 2.02B), and absent the application materials indicating what among the permitted housing types per Table 2.02A of houses and "middle housing" (duplexes, triplexes, quadplexes, cottage clusters, and townhouses) would be developed after subdivision final plat, staff defaults to applying Table 2.02B as if the residential subdivision would develop interior lots with houses, duplexes, or triplexes and corner lots with houses, duplexes, triplexes, or quadplexes, for which the minimum lot areas or lot sizes are 6,000 square feet (sq ft) for interior and 7,000 sq ft for corner. The proposal meets these minimum lot areas with maybe one nonconforming lot—flag Lot 13 —that are more demanding that the minimum lot area for a townhouse of 1,500 sq ft. It remains the responsibility of the developer to plat a given lot at minimum area for the intended permitted housing type as well as to account for minimum setbacks and maximum lot coverage in order to obtain building permit issuance. The possibly nonconforming lot is flag Lot 13. Table 2.02B and its footnote 1 indicate that flag lot minimum area calculation excludes vehicular shared access easement area. Because as examined later below under this subdivision criterion 5 in relation to access management for flag lots (WDO 3.04.03D.3), Lots 12 & 13 must share a driveway, which in turn necessitates vehicular shared access easement area. Because it's unclear what the size and dimensions of it would be, it might drop the Lot 13 area from 9,381 sq ft to below the minimum (6,000 sq ft). ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 17 of 37 122 For this reason, staff applies a condition of approval for the developer to resolve through revised plat drawings with a subdivision final plat application. The situation is similar for remaining dimensional standards: minimum lot widths, minimum lot depths, and minimum street frontage widths. The proposed residential subdivision meets these minimum dimensions. In the context of state middle housing law as seen in the housing types permitted in the RS zoning district codified in WDO Table 2.02A as well as amended statute, and with the precedent of an approved preliminary subdivision increasing its lot count to add townhouses— planned unit development PUD 22-01 Mill Creek Meadows at 1490 Brown Street—that staff and the Planning Commission approved through a Modification of Conditions (MOC)Type III application through WDO 4.02.07, staff applies a condition acknowledging the context by pre-emptively providing for an administrative means of moderate increase in lot count without the hassle to the developer of additional land use applications, fees, time, and process and the hassle to staff of more than necessary administration, while still requiring conformance with the subdivision lot dimensional standards of Table 2.02B. The intent also is, were the developer to increase lot count moderately for the subdivision final plat application stage, that the condition would induce the developer to do so administratively and diplomatically rather than invoke and force awkward application of middle housing land division statutes to City processes, particularly ORS 92.031. Part 5-3.01: Frontage/Street Improvements Regarding frontage/street improvements (WDO 3.01), see earlier above under subdivision criterion 2. Part 5-3.02: PUEs Regarding streetside public utility easements (PUES; WDO 3.02), because the tentative plat drawing does not delineate any of minimum and maximum widths per WDO 3.02.01B & F.2., there is a condition of approval. Part 5-3.04: Access Management Regarding access management (WDO 3.04), conditions of approval make explicit that whatever driveways a developer and/or homebuilders would later propose would conform with 3.04.01A.4 & 3.04.03C.1 & 2 (lots along shared rear lanes also known as private alleys), 3.04.03D.1 (joint driveways/shared driveways), 3.04.03D.3 (flag lot share driveways), and (regarding maximum driveway width) Table 3.04A. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 18 of 37 123 The applying of 3.04.03D.1 joint driveway/shared driveway provisions is for the purpose of preserving both street tree planting locations and on-street parking along local streets by having fewer interruptions by driveway approaches, especially for lots approximately 50 feet wide or narrower that are grouped in three block faces within the proposed subdivision. This is: A. Per 3.04.03D.1; B. Based on the purpose statement in 3.04.03A: "[T]o reduce driveways interrupting landscape strips and the pedestrian experience along sidewalk,to preserve the appearance of street-facing yards in developments of other than multiple-family dwellings, and to preserve on-street parking where existing or required of development"; That is, what would happen without joint driveway along the narrow lots in a few of the subdivision block faces is that front yards would come to resemble small green patches amid driveways, that what remains of a landscape strip would be a few, isolated pockets as green patches, too few and too small for trees and probably already consumed with street lights and utility pedestals, poles, and vaults, thereby leaving an expanse denuded of public landscaping and being mostly concrete that would feel particularly unpleasant, even hostile, in summer heat; C. To provide for reasonable expectation by the City and reasonable ability by a developer to have development of the subdivision actually conform with the street tree minimum ratio per 3.06.063A.1 equal to an average of 1 per 30 feet of block face; D. To be in keeping with the opening purpose statement of 3.06, that each landscape strip and street tree, "enhances the beauty of the City, provides shade and temperature moderation, [and] mitigates some forms of air and water pollution"; E. Foster Comprehensive Plan Policies D-1.3 regarding "sufficient landscaped area ... to create a pleasant living environment" and D-1.5, the latter of which calls for, "landscaping and tree planting to enhance the livability and aesthetics of the neighborhood"; and F. To reduce the "urban heat island" effect, thereby being in keeping with the part of 3.04.03A about "pedestrian experience" as well as Comprehensive Plan Goal M-1 about energy conservation —through reduction in resident use of air conditioning (AC) in the home as well as higher tolerance for persons to walk about in lesser heat thanks to more landscaping instead of driving amid more heat because of less landscaping. Absent such action, and with the usual utility constraints on these and the other blocks that have no alleys resulting from fire hydrants, street lights, and underground potable water and sanitary sewer laterals, these blocks faces with narrow lots (about 50 ft wide each lot) in particular would have very few street trees (and on-street parking stalls) and result in large areas of pavement, lessening the pedestrian experience. Lastly, the reader should consider that a 16-foot wide driveway equals 32.0% of a 50-foot lot width, while such a driveway shared by two lots would equal 16.0%. Staff emphasizes that the driveway maximum width is applicable to what is termed any of the approach, apron, curb cut, or ramp. Staff predicts that in a given front yard, that is, outside the ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 19 of 37 124 right-of-way (ROW), there would be garage-fronting pavement wider compared to the width of the driveway concrete apron in the ROW as long as there remains conformance with WDO 3.05.02D.3 regarding "parking pads". The reader may also refer to Ordinance No. 2521 (2014), a general ordinance that prohibits parking on lawns. Part 5-3.06: Significant Tree preservation and removal Regarding Significant Tree preservation and removal (WDO 1.02, 3.06.07, and 3.06.08), the revised arborist report and related plan sheets submitted through January 30, 2025 illustrate conformance as explained below. To conform with the Tier 4 (T4) 50% preservation standard applicable to the 100% of Significant Trees (per WDO 3.06.07H.2: 9 trees, Trees 2, 5-7, 9, 12-14, & 24, of which 50% of 4.5 rounds to 5) that don't otherwise meet an exemption or qualify for removal, the developer would have been required to preserve at least one more among Trees 12-14 & 24; but, because of an emergency that the Director recognizes and that the WDO did not anticipate and does not regulate, this is not applicable. Specifically, all four trees that would be required for the developer to choose from to preserve are all Oregon ash trees (Agrilus planipennis), and state of Oregon agriculture and forestry departments acknowledged in 2022 and the City as early as August 2024 acknowledged a spreading infestation statewide, including in Woodburn, of such trees by an insect, the emerald ash borer (EAB), and the policy position of both the state and City are to slow the spread through ad hoc proper removals of any ash tree, infected or not, and not to plant new ash trees, that is, that the situation is an emergency. Also, the Director determines that WDO 3.06.07E.3 that allows for more lax administration because of an emergency that results in either City Council or Director recognition, though this provision is under the WDO section for Tier 1 (T1), can be and is invoked for the proposal that is Tier 4 (T4) through Table 3.06T, row 2, and 3.06.07H. Staff will still charge the usual removal fees per the Planning Division fee schedule, p. 3, and the staff report/final decision Attachment 202, Exhibit 202 tabulates applying the fee schedule to the proposed subdivision tree preservation and removal information in more detail. Street trees, required anyway and being off private property, don't count as on-property mitigation plantings. Mitigation plantings, which for the proposed subdivision are feasible only in tracts, that the developer will have identified after a land use final decision through civil engineering plan review led by the Public Works Department Engineering Division (PW) and planted by time of subdivision final inspection would not be charged mitigation fees in-lieu, and missing plantings would be charged. If the developer does not address the issue during the final plat stage, staff would charge the total at building permit issuance. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 20 of 37 125 In short, a condition of approval makes explicit for the developer to preserve the Significant Trees that don't qualify for removal per an exemption (WDO 3.06.0713.2 or Tab13 3.06E) or the removal criteria (Table 3.06T row 2, and 3.06.07H) and that are not ash trees: Significant Trees 5-9 (subject territory SW corner, Lots 17 & 18). Subdivision Criterion 5 Conclusion In the context of annexation and subdivision with yet no civil engineering plan review or building permit applications for specific driveway approaches and buildings, relatively few sections within WDO Volumes 2 & 3 are applicable. Those that are applicable are met or made to be met through the conditions of approval. Subdivision criterion 5 is met with the conditions of approval. Subdivision Conclusion A The subdivision criteria are met with the conditions of approval. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 21 of 37 126 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, zone change, and preliminary subdivision. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 22 of 37 127 Recommended Conditions of Approval Staff recommends approval of the consolidated applications based on the findings in the staff report and attachments, which are incorporated by this reference, as well as applying the following conditions of approval: General G1. As part of building permit application, as well as any prior submittal that follows land use approval with conditions and that is necessary to demonstrate conformance with said conditions prior to building permit application, the applicant shall submit revised site plans and revised or additional documentation meeting the conditions of approval and obtain Planning Division approval through sign-off on permit issuance.The applicant shall submit a cover letter indicating what specific plans sheets or document page numbers demonstrate how the submittal meets each condition. G2. The applicant or successors and assigns shall develop the property in substantial conformance with the final plans submitted and approved with these applications, except as modified by these conditions of approval. Were the applicant to revise plans other than to meet conditions of approval or meet building code, even if Planning Division staff does not notice and signs off on building permit issuance, Division staff retains the right to obtain restoration of improvements as shown on an earlier land use review plan set in service of substantial conformance. G3. References: Attachment 201 serves as a dictionary or glossary defining certain abbreviations, acronyms, phrases,terms, and words in the context of the conditions of approval. The 200 series of attachments are as binding as the conditions of approval in the main body of the final decision. G4. Due dates/ public improvements: a. When public street improvements, and any fees in lieu of public improvements, are due shall be per WDO 3.01.02E, 4.02.12, and 5.01.06B.1 unless if and where a condition of approval has more restrictive timing. By this condition,there is more restrictive timing: In any case, they are due no later than by Building Division issuance of first certificate of occupancy (C of O), regardless of deferral, if any, that Public Works (PW) might have approved through 3.01.02E. This condition is not deferring to C of O; it is saying that if there were to be PW deferral, then the department could not defer to later than C of O. b. ROW/easements: Correct recordation of required right-of-way (ROW) and public easements is due per WDO 2.01.05A and 5.01.06C.3—by building permit application. See Note A below. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 23 of 37 128 c. Where phasing is relevant, building permit issuance means issuance for the phase in which the conditioned improvement is located. Where an improvement spans phases and cannot be functionally divided by phase, it shall be due by the earliest phase. d. Where changes to street addresses are necessary, the developer shall apply through the Planning Division for and obtain approval of an ,�,�,res,s, Ss,u„gn.� .,1I,t , !.-, �,�„�,st. This is due prior to building permit application, and if any of property line adjustment, lot consolidation, partition, or subdivision are relevant, then also after recordation with County. G5. Recordation due dates: The applicant shall apply to the County for recordations of items that the City requires no later than 6 months prior to expiration of the land use approval as WDO 4.02.0413 establishes, and shall complete recordations no later than 3 years past the land use "final decision" date. The due date to complete recordations shall not supersede when recordations are due relative to the building permit stage. G6. Administration: a. Conformance:That a land use approval does not reiterate any and each particular detail, provision, requirement, rule, spec, or standard from any of the WDO, other ordinances, resolutions, public works construction code, or department policies does not exempt development from conformance with them. b. Copies: Per WDO 2.01.0513, the developer, including any succeeding contractor, shall provide copies of documentation that a City staff person requests regardless if the documentation source is another City staff person or department. c. Fees: The developer shall pay fees per Attachment 202. d. Inspections: Whether for subdivision or building permit inspections, the developer or contractor shall contact Planning Division staff minimum 3 City business days prior to a desired date of planning and zoning inspection of improvements. This is required and separate from and in addition to the usual building code and fire and life safety inspections. The developer or contractor shall construct, install, or plant all improvements, including landscaping, to the extent necessary to warrant inspection. Note A: If and where the County does not allow dedication of ROW and grant of public easements through platting or re-platting, then dedication and grant would necessitate a process through Public Works (PW) and City Council acceptance separate from land use approval, which could take several weeks, prior to correct recordation with the County. In this scenario, upon tentative land use approval by the City, contact PW to begin and finish dedication and granting sooner. The City Council meets most second and fourth Mondays, and agenda packet materials are due to the City Recorder by the prior Tuesday at noon. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 24 of 37 129 Preliminary Subdivision 24-01 SUB-1. ROW: The following are due by building permit application: a. Boones Ferry and Traverse: To conform with VVD(] Figure 3.O1C "Minor Arferia|", aa part of recordation the developer shall dedicate ROW if and as necessary to result in half-street ROW that is min width 37 ft measured from centerline for both of Boones Ferry and Traverse. b. Local streets: To conform with VVD[> 3.O1.O4B.1 & Figure3.O1G "Local Residential Street as part of recordation the developer shall dedicate ROW if and as necessary to result in total R[>VV per street that is uniform min width of6Oft. SUB-2. PUE: Along all public major thoroughfares and local streets, ifstreetside public utility easements (PUEs) do not yet exist, the developer shall gnantstreetside PUEs conforming with rninirnurn and rnaxirnurn widths per VVD[> 3.02.0113 & F.2. Note that how subsection F.2 is applicable changes in the context of shared rear lanes (private alleys), and that PVV is likely to direct the use of PUE template. Condition conformance is due the same as per Condition G4b (by building permit app|ioation). SUB-3. Street improvements: The following is due the same as per Condition G4a: a. Fnontage/streetirnpnovernents: 1. Boones Ferry and Traverse: The cross sections shall conform with VVD(] Figure 3.O1C "Minor Arterial" & 3.01.03C.1a and as necessary conform with the public works construction code and PVVdirection. See also condition parts b. & o. below. 2. Local streets: The cross section shall conform with 3.01G "Local Residential Street ..." and as necessary conform with the public works construction code and PW direction. 3. Street stubs: The street stubs as proposed remain required per3.O1.O5A.3 & 5, 3.01.0513.2a, 3.01.05C, 3.01.05F (regarding Upland and Vail), and 5.03.1013.1, 3, & 5 and shall have signed barricades asPVV administers 3.O1.O5B.2b & o. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek 11 subdivision S. Boones Ferry Rd—Staff Report Attaohment1O2 Page 25of]7 130 4. Concrete crossings: Intersection leg pedestrian crossings that would be concrete amid asphalt per the tentative site plan are the min required and shall be constructed min width 8 ft and as necessary conform with the public works construction code and PW direction. The locations are: • Traverse & Crocus, south leg; • Traverse & Iris, south leg; • Upland & Iris, west leg; • Vail & Iris, west leg; and • Traverse & Dahlia, south leg. b. Traverse sidewalk: The developer has the option to omit the bicycle/pedestrian corridor tract between the Upland cul-de-sac bulb at the north and the subject territory boundary at the south (enlarging Lots 11-13) in exchange for the Boones Ferry and Traverse sidewalks being min width 8 ft. Wider sidewalk shall not narrow the landscape strip. The extra width of planter strip and sidewalk shall either(1) be within additional ROW that accommodates them, or(2) overlap outside ROW into streetside PUE, the PUE or other recorded legal instrument granting public access to the overlap. c. Traverse median: Based on TSP Project R29 "South Arterial" (TSP p. 33), WDO Fig. 3.01C and WDO Note 3.01C, and in keeping with Comprehensive Plan Policies D-1.3 regarding sufficient landscaped area and D-1.5 regarding tree planting, the developer shall design and construct a median as follows: 1. Initial specifications: (a) Location: Within the two blocks between Iris and the subject territory east boundary (300 &400 blocks). IIatl 1 ��f Iwo 77 t 1 P{'J'RVF � F. .I�I �n ass _ e ra uY uo ma Exhibit SUB-3c. Approximate Locations of Medians (in green) (b) Basic mins: Curbed, width min 8 ft and max 10 ft between backs of curbs, and — as combined total for both medians— min area within curbing of 4,900 sq ft w/ min 19 trees o.c. spacing average of 30 ft. (Min width not applicable to end tapers that transition to left turn lanes at intersections, if any such lanes.) (c) Extent/length: For each additional increment of median that is at least 30 ft long, it shall have min 150 sq ft of landscaping min 8 ft wide with min 1 tree. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 26 of 37 131 (d) Pavement: If each 150 sq ft of landscaping around each tree is min 8 ft wide, the remaining area within the median, if any, may be surfaced with other than landscaping and per PW specs; however, cobbles, gravel, pebbles, and rocks remain prohibited within 1 ft of backs of curbs. 2. Additional specifications: Per PW during CEP. For street landscaping, median trees shall conform with the street tree requirements of WDO 3.06.03A, and the developer is prohibited from fee in lieu of more than 3 median trees. Landscape or planter strips shall have area remaining after median tree plantings conform with 3.01.04B, last paragraph, except where and as condition subsection (d) above allows pavement. SUB-4. Street trees: a. Cross sections illustrate street trees, which are required per and in conformance with WDO 3.06.03A. b. The developer shall establish a street tree plan to which the Planning Division and PW affirm prior to building permit application. This task is due no later than building permit application and may be incorporated into the CEP review process led by PW. c. The street tree fee in-lieu amount shall be per Attachment 202. SUB-5. Bicycle/pedestrian corridors/subdivision shortcut paths: a. Per WDO 3.01.07C &Table 3.01A, row 2, the preliminary subdivision bicycle/pedestrian corridor tracts shall remain and continue to conform with the min width of 20 ft. However, the tracts among Lots 33, 34, 54, 55, 78, & 79 may shift locations east-west within their respective blocks as long as both tracts continue to align. As an exception pursuant to Condition SUB-3b, the developer has the option to omit the bicycle/pedestrian corridor tract between the Upland cul-de-sac bulb at the north and the subject territory boundary at the south (enlarging Lots 11-13) in exchange for the Boones Ferry and Traverse sidewalks being wider as described therein. b. Per WDO 3.01.07E & F, corridor improvement and landscaping shall conform with WDC" ur].terp „ ,.ition ��r��_rno INT 22-0608 "Off-Street Public Bicycle/Pedestrian Facility Specifications" (June 8, 2022) or as amended and with the proviso that Part 133c is modified to landscaping min width 8 ft (with other side of path narrowing to 4 ft). Per WDO 3.01.07D, "Class C" is the applicable one. Plan review per 3.01.07G may be incorporated into the CEP review process led by PW. Conformance is due the same per Condition G4a. c. Access: Every bicycle/pedestrian corridor tract shall be covered with an easement granting the public bicycle and pedestrian access. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 27 of 37 132 d. Utilities: 1. Every bicycle/pedestrian corridor tract shall have a PUE min width conforming with 3.02.01C, aligned with the tract side boundary across the path from the widest landscape strip, and minimum extent equal to that of the tract. 2. The developer may provide for access and utilities together in one or more consolidated easements, and PW might require the use of one or more PUE templates. To the satisfaction of PW, the easement(s) shall make explicit that in no case do they imply or require that the City assume maintenance of privately-owned tracts, whether actively or through association devolution. e. TCEs: 1. Where bicycle/pedestrian corridor tracts abut the subject territory boundary, and grading within the boundaries of the territory is not possible to have the pavement of a given path reach the boundary, then for each affected tract the developer shall grant one or more temporary construction easements (TCEs) with authority for both the City and the owner of the adjacent property to come onto the applicable affected tract to grade and extend pavement. 2. If and where the developer is unable to determine the TCE necessary width and extent, then the presumptive dimensions would be width equal to tract width and extent equal to 10 ft. 3. Draft submittal to the City is due by final plat, and recordation of the one or more correct TCEs is due the same as per Condition G4b (by building permit application). 4. If either the developer decides to grant the one or more TCEs by conveyance documents separate from the plat, or Note A found at the end of general conditions becomes applicable, then it remains with the developer to budget additional lead time for City staff review. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 28 of 37 133 SUB-6. Access management: a. Shared rear lanes (private alleys): To conform with 3.04.01A.4 & 3.04.03C.1 & 2, lots adjacent to shared rear lanes (alley-loaded lots) shall have their driveways and parking pads limited to access along the adjacent alley, not only for lots along Boones Ferry and Traverse but also Lots 5, 6, 94-98, & 117-123. i , � ms Yss YA � in ua Ya tax C m uo vu } ''ram 1 JYV fid IS 110 ) IlP ee ib lIJ IAI 13 ,. AA9 M k' i4i lAt ftl5 97, SG S 41 VPL DAV6 rancr -. i � m an .. .- £Pp .6fi 6f iY Se a T8 S ;f0 Y9 b �n. ry — n 1 VAib A VN i to �. ,°,t, �.,zrrr m rr v xe :✓ m,i i � m tt .0 � tr er o, n se sv <Y i ra ua �r u i� -r> Exhibit5UB-6a. Alley Access (in blue) b. Flag lots: To conform with 3.04.03D.3, Lots 12 & 13 shall share a driveway approach / apron /curb cut/ ramp. Refer to PW SS&Ds 4,"„"�",0 1 &4 or as amended. ,. eo 6 n 1. !';! Il A�dJ N lW IM MS W 113 YIS Idl lAl Yl5 )y s .I rr YRACY v m 'rs VA.AVE 7-7 . 14 Si II ,;� �v m ; 1b 1➢ Y8 ,91 Jt3t 4 J5 0. N' 15 i Mi......m a mn ,uu r a,.• rVrnm r.min w DJ � !Y dtl p qq r r.r wr.ma w w.w m Exhibit SUB-6b. Flag Lot Access (in yellow) c. Driveways: To conform with Table 3.04A, each residential lot driveway approach / apron /curb cut/ ramp along a street shall be max width 16 ft (measured between triangular flares) with max one driveway per lot except if and as conditioned elsewhere for joint or shared access for pairs of lots in which case the max is one driveway per 2 lots. Along shared rear lanes (private alleys), driveways, if any, have no max width. For each shared rear lane (private alley), each driveway at the street shall be max width 16 ft. If the stormwater detention pond tract is to have a driveway, then the max width shall be 10 ft. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 29 of 37 134 d. Joint driveways/shared driveways: Per 3.04.03D.1, among Lots 19-28 along Vail, min 8 (4 pairs of lots) shall share driveway aprons; among Lots 29-41 along Vail, min 10 (5 pairs of lots) shall share driveway aprons; and, among Lots 104-116 along Upland, min 10 lots (5 pairs of lots) shall share driveway aprons. Exhibit SUB-6d below illustrates the subject groups of lots. The max width shall be (1) 16 ft for each of these joint or shared driveways where leading to garage doors each approximately 8-9 ft width (a one-card wide garage) and (2) 32 ft where leading to garage doors each approximately 16 ft width (a two-car wide garage) or where one lot garage door is 8-9 ft and the other lot garage door is 16 ft (a one-car and a two-car garage). Outside the ROW, each lot driveway/ parking pad may be wider by telescoping from the apron as long as there remains conformance with WDO 3.05.02D.3. (Refer also to Ordinance No. 2521 [20141, a general ordinance that prohibits parking on lawns.) t� ..... .. 7 .. .- - ��V� �,��>��--- + s.o d,es dsa nr das dx+ so m:" .. ,� � � � � dm .rm d of dro� za n!E !U u A w F rk J d I - v -.,,. . VAN,AvE a I f - - ---- - Exhibit SUB-6d. Groups of Lots Subject to Joint Driveways (in green) e. Lot 13: Because per WDO 3.04.03D.3, Lot 12 &flag Lot 13 must share a driveway, which in turn necessitates vehicular shared access easement area, and because Table 2.02B and its footnote 1 indicate that flag lot minimum area calculation excludes vehicular shared access easement area, it is unclear what the easement area and dimensions of would be along the pole of flag lot 13, it might shrink the Lot 13 area from 9,381 sq ft to less than the minimum area, and the developer shall clarify the situation and make it conforming through revised plat drawings with a subdivision final plat application (FSUB). ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 30 of 37 135 SUB-7. Significant Tree preservation and removal: Consistent with the arborist report dated and submitted January 30, 2025, the developer shall: a. Preserve Trees 5-9 (subject territory SW corner, Lots 17 & 18) consistent with the arborist report dated and submitted January 30, 2025 and pursuant to WDO 3.06.08 "Tree Protection During Construction". ....................................................................................................................................................................................................................................................................................................... EXISTING TREE TO BE REiA)VE) EXISTING TREES TO BEF I��E�IEI��"��ED 41IT PROTECTED TEf� 05 1 PROPOSED FENCE. HAND DIS FOR POST HOLES, .VOID IIROOTS OVER, 2—INCH IN DIAMETER- E'XI�TIN:� OFFSITE - - � t `. TE TREE' TO BE PROTECTED Exhibit SUB-7. Trees 5-9 to Be Preserved b. Submit for plan review of tree protection per WDO 3.06.08C.1e due per that section (CEP or building permit application). c. Illustrate, note, and plant mitigation plantings per WDO 3.06.07D.2 within subdivision tracts and/or pay fee(s) in-lieu per Attachment 202 and its Exhibit 202. Advisory: Because several Significant Trees to be removed are Oregon ash (Agrilus planipennis), which increasingly in Oregon including Woodburn suffer infestation by emerald ash borer (EAB), the City advises the developer to comply with state of Oregon agency directions about how to stem infestation found at <, w,,,��,reg.� .D,�,] �......, „ r„x SUB-8. Stormwater detention pond fencing: If the Stormwater detention pond and/or its tract is fenced or walled, fencing or free-standing walls shall conform through a fence permit per 5.01.10 with max height 3.5 ft along the three streets per WDO 2.06.02A.2, with any gates being up to the same max height. If there is fencing and it is to be chain link, then it shall be coated per WDO 2.06.02D.2 and a color other than black, charcoal, or dark gray. SUB-9. Documents: a. Easements: Recordation shall conform with WDO 2.01.05A, that is, the developer shall accomplish correctly prior to building permit application. b. HOA: 1. Prior to conveying land ownership of any tract, the developer shall establish an association, such as homeowners association (HOA), pursuant to ORS 94 and other applicable statutes. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 31 of 37 136 2. Topics: The association documents shall in the sections addressing topics that respective City ordinances or WDO sections also address, cite and advise readers to see these public regulations (or as amended): WDO 2.06 (fences and free-standing walls), 2.06.03 (accessory structures), 2.07.02 (boat and recreation vehicle [RV] storage), 2.07.03, 2.07.10 (home occupations or home-based businesses), 2.07.20 (accessory dwelling units [ADUs]), 3.05.02D.3 (no parking in front yards outside driveways), 3.03.06 (sight triangles or vision clearance areas, in relation to fences and free-standing walls), & 3.10 (signage) as well as Ordinance Nos. 1917 (1985; street frontage maintenance and repair), 2084 (1992; burglar alarms), 2136 (1994; chronic nuisance properties) 2225 (1998; that the City and not HOAs regulates and polices its public streets), 2257 (2000; golf carts), 2312 (2002; noise), 2338 (2003; nuisances,junked vehicles), 2424 (2007; street tree removals and replacements), 2434 (2008; animal control), 2521 (2014; parking on unimproved areas), 2577 (2020; camping in public rights-of-way), and 2632 (2024; on-street public parking rules). The City Recorder maintains the C�u��j„ina_nce C:;��_��r„y�_l.atu_on w bp�a„g� . The association documents also shall cite and comply with enrolled Oregon House Bill 2001 (HB 2001) (2019), Sect. 13 (p. 10) or directly the statute that the legislation amended, making the point that a newly constituted association cannot ban "middle housing". 3. Documents: The developer shall provide copies of articles of incorporation, bylaws, and CC&Rs for the association to the Assistant City Attorney and Director for review by final plat application to the City or earlier if ORS 94.565(2) requires. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 32 of 37 137 c. Plat: 1. E. Traverse Road and Upland and Vail Avenues shall retain their names. 2. The plat labels of square footages of lots and tracts, where in the thousands, shall have commas, e.g. "7982" shall read, "7,982". 3. Tracts, which the preliminary subdivision drawing does not designate, shall be lettered per Exhibit SUB-2 below: n E ( , � ua in as x +ro is „m ._... vhacr. _ r a µ, I`�. a VAILAVE � J J x u a i I x r mry Exhibit SUB-9c3. Tract Lettering 4. Upon recordation, the developer shall submit to the Director and PW copies of correctly recorded documents per WDO 2.01.05. 5. Administrative allowance to increase lot count/number: Relative to WDO 5.01.06B.3 and based on the experience of PUD 22-01 Mill Creek Meadows (1490 Brown Street), this condition grants administrative allowance for the developer to have a moderate increase in the number of lots in a subdivision final plat application (FSUB) compared to SUB 24-01 without necessitating any of City refusal to approve the final plat; City denial of the final plat; application for and City approval of a preliminary subdivision application succeeding SUB 24-01; or, application for and City Council approval of Modification of Conditions (MOC) Type IV through WDO 4.02.07. The purpose is to allow further division and attendant resizing of lots intended for houses or duplexes into lots for townhouses with less hassle for both the City and the developer. The Director would grant the allowance (through subdivision final plat approval) only if the subdivision final plat meets the following restrictions: (a) Each lot continues to be of minimum lot area in conformance with WDO Table 2.0213; (b) Each lot continues to meet the remaining dimensional standards of Table 2.02B, namely minimum width, depth, frontage, and as applicable table footnote 1 regarding flag lots; ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 33 of 37 138 (c) Compared to the SUB 24-01 preliminary plat drawing lot count of 130, the total number rises by no more than 34 lots (26%) lots to 164 max. The exhibit below illustrates lots staff envisions as most ready for further division because of shared rear lane/ private alley access, the lots serving as the basis for the number 34 derived from assuming 25 ft width for each townhouse lot and 30 ft for each townhouse corner lot and each townhouse group being maximum 4 dwellings as the RS zoning district allows and with 10 ft between groups; however, the exhibit assumptions and specific colored lots are not required to make use of the allowance; and a ,t a / �✓/�ii / /i aw /!/ TRAVERSH Hf! w . ,ter �H✓ »o rw.ecr _ r z I _ -- __ - r,1 If !; , 'v, .,., w� n �P,+.W,•n�, A Exhibit SUB-96 (d) The subdivision final plat application includes a plat drawing or site plan as an exhibit coloring what lots are further divided and labeling their changed square footages and dimensions. SUB-10. Expiration: Based on ORS 92.040(3), development per the Council land use final decision may continue 3 years past the decision date, the 3-year approval period being established by WDO 4.02.04 and as follows: a. Final Plat: The developer shall apply to the City prior to or no later than on the same date as applying to Marion County for recordation. b. Recordation with Marion County: Same as WDO 5.01.06C.1. (within 30 calendar days of the Director's signature on the plat Mylar). c. Vesting: The decision is vested unless: 1. The developer fails to meet subdivision and public improvement requirements, resulting in the City being unable to authorize staff to sign a final plat Mylar by July 1, 2030; or 2. There is no substantial construction as defined in WDO 1.02 by July 1, 2035. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 34 of 37 139 Applicant Identity Applicant Icon Construction & Development Applicant's Jennifer Arnold, Land Use Planning Department Manager, Emerio Design Representative Landowner(s) Greg I. Schwenke & Nancy R. Vezey Notes to the Applicant The following are not planning / land use/ zoning conditions of approval, but are notes for the applicant to be aware of and follow: 1. Records: Staff recommends that the applicant retain a copy of the subject approval. 2. Fences, fencing, & free-standing walls: The approval excludes any fences, fencing, & free- standing walls, which are subject to WDO 2.06 and the permit process of 5.01.03. 3. Signage: The approval excludes any private signage, which is subject to WDO 3.10 and the permit process of 5.01.10. 4. Mylar signature: The Community Development Director is the authority that signs plat Mylars and not any of the mayor, City Administrator, Public Works Director, or City Engineer. Only one City signature title block is necessary. 5. PLA Plat Tracker: Marion County maintains a plat tracking tool at ...... . ..::.//. .. ..i. .:..:. .:.. . ..:u.. .:..:.. ..::..:::/.p.�.. .::.. .. :. "..[/.>. Use it to check on the status of a recordation request to the County. City staff does not track County plat recordation. 6. Technical standards: A reader shall not construe a land use condition of approval that reiterates a City technical standard, such as a PW standard, to exclude remaining standards or to assert that conditions of approval should have reiterated every standard the City has in order for those standards to be met. 7. Other Agencies: The applicant, not the City, is responsible for obtaining permits from any county,state and/or federal agencies,which may require approval or permit, and must obtain all applicable City and County permits for work prior to the start of work and that the work meets the satisfaction of the permit-issuing jurisdiction. The Oregon Department of Transportation (ODOT) might require highway access, storm drainage,and other right-of-way (ROW) permits. All work within the public ROW or easements within City jurisdiction must conform to plans approved by the Public Works Department and must comply with a Public ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 35 of 37 140 Works Right-of-Way permit issued by said department. Marion County plumbing permits must be issued for all waterline, sanitary sewer, and storm sewer work installed beyond the Public Right-of-Way, on private property. 8. Inspection: Whether for subdivision or building permit inspections, the developer or contractor must contact Planning Division staff minimum 3 City business days prior to a desired date of planning and zoning inspection of improvements. This is required and separate from and in addition to the usual building code and fire and life safety inspections. The developer or contractor must construct, install, or plant all improvements, including landscaping, to the extent necessary to warrant inspection. Note that Planning staff are not primarily inspectors, do not have the nearly immediate availability of building inspectors, and are not bound by any building inspector's schedule or general contractor convenience. 9. Public Works Review: Regarding public infrastructure, consult the Public Works Department Engineering Division about when, where, and how to apply and implement „P'.A„bII„u„c,; , ,o„r„Ik,s, const,r„� ctu��;�,,,,sp u i a�u��-is, Standard Dr�av�✓ing.. ��a��a��,,,,O�W�'aul,s,, and general conditions of a permit type issued by the Public Works Department. Where the Oregon Dept. of Transportation (ODOT) has jurisdiction over a roadway, consult Public Works about role and process clarification. The _ng.i.neeri.�„g C _u o„s„ion can be reached at (503) 982-5240. 10. ROW: a. Dedication: The Public Works Department Engineering Division has document templates for ROW dedications and grants of easements that applicants are to use. If dedications and grants are not correctly done prior when a building permit otherwise has become ready to issue, City staff will not sign off on permit issuance until the developer corrects the situation. b. Work: All work within the public ROWs or easements within City jurisdiction must require plan approval and permit issuance from the Public Works Department. All public improvements construction work must be performed in accordance with the plans stamped "approved" by the City, and comply with the City's Standard Specifications and Standard drawings. Where the Oregon Dept. of Transportation (ODOT) has jurisdiction over a roadway, consult Public Works about role and process clarification. The _��.g..i.�:�_�". ..ri.�:�..g.....Pjvision can be reached at (503) 982-5240. 11. Street address assignment: Submittal of building permits for a new subdivision necessitates a s„tr,��,��t address request, fee payment, and issuance prior to any building permit application. Submit an assignment request some time before delivering a plat Mylar for City signature. ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 36 of 37 141 12. PII�a_��_ning C _u o„s„ion fee sc;��„�„��)_ule: Additional fees are or might become applicable per the schedule: o Page 2, row"Bond or performance guarantee release or status letter", Applicable to such held by the Planning Division, not any by the Public Works Department Engineering Division. (This usually means bonding through the Planning Division is limited to street trees and/or on-site landscaping.) o Page 2, "Civil engineering plan(s) (CEP) review, Planning Division review of Public Works Department permit application materials". The Public Works Department Engineering Division (PW) may do CEP through building permit review instead of a separate process prior to building permit application, depending on department discretion, and were PW to decide such, the Planning Division would assess its CEP review fee on the building permit, avoiding separate invoicing and allowing the applicant to pay the fee along with the other permit fees. If not, the CEP fee would remain due earlier. o Page 2, row "Exception to when all public improvements are due / delay or deferral of frontage/street improvements", applicable if a developer obtains Public Works Department Engineering Division (PW) approval of exception (delay/deferral) through WDO 3.01.02E(1) & (2). The fee serves as an exception disincentive. If Planning Division staff see no evidence of improvements under construction or constructed based on the building permit application materials, staff will assume that PW and the developer agreed to deferral and assess the fee on the building permit, avoiding separate invoicing and allowing the applicant to pay the fee along with the other permit fees. 13. SDCs: The developer pays system development charges (SDCs) prior to building permit issuance. Engineering Division staff will determine the water, sewer, storm, traffic, and parks SDCs after the developer provides a complete Public Works Commercial/Industrial ng,u„,, „ ,,u„,g,C „u,e,u„s„u,),n can be reached at (503) 982-5240. Development information sheet. The ....... , ANX 24-02&SUB 24-01 Schwenke/Vezey Annexation/Mill Creek II subdivision S. Boones Ferry Rd—Staff Report Attachment 102 Page 37 of 37 142 o�:eorvr ss.o<szo/F/<.ai oo �i.��<oo-zsool��elPlz •�^�om-zsool'd:3m uNnOO NOINVW N003NO`Nun8000M d0)aio 00-111 009 IO l Xtll 1-1 P'a3 a" , t , SWUM dVW Xtll OI?I3r11t3 �sj '�' w �� NOIllaaV ONISSONO S3NOO8 1 sN 33HS M3AO3 �� olslnaa a - - -- _ €- aid m= --------------- o y III I z� _ - -"° IIIIIIIPIIIIIIII III � _ W - - q W z u W a na as �w O and o,y O oO -- z Q _ U Z a N — Z O _ Q W Q c, Z � x� r� �s r O l j m 6 j %r H LU LU u " H L6 co /��/// j � F Z Z Q �, �,�i/� Q o o w W zo � O 0 ^� y CD LU O I Irlf��jk ICV a, a J o of s Z ' � ° DOz Xi- 9 ------- co Wco � 0 > lull — O ull I H p: .,pi s WCL uuu r O Oo Cl) $ x � X H ? $ s a a H W Z "P O D ILaa a6q � I I I I ull h laq laq s x a O d N lit loN ull J ��n u u � O uare m a $ W... F s s R R S $ $ I I p R® I a R $ x 0 0 z Po w a m i. 00.dvrvv ssor sw//r.alo, n�eoi��=eo or-zsool��olalz a�,�irw om-zsool'e:3m AlNnOO NOINVW N003NO`Nun8000M=io Am 5t/ld lt/AOW321 009101 Xtll N astnntsso dvw xv1 332114Nt/`NOIlIlOW34 NOIllaaV ONISSONO S3N008 `SNowaNOO ONUSIX3 S'° OI?I3r 11t3 =N r��sNOlslnaa x w z - � 1 _- — woa� f I 11 I I - I I � 11 I v -F�� x 1 Z o w � � o � I I II II Q - I � .LSd7LZSVQ w w I 1\ as li K I � ,IS89df07d YIS - Q W �ZSSINI °� M �1m °f Z �m -------------- wo e o � u Z \ ` U X W I I I � s rw � of w �rw I 1 f I =o o I I r I I 0 w 0 ma w m o�:eorvv re.o<szo/F/�.a+ o" o,-zsool��elalz.r�.�iiw om-zsool'e:3m uNnOO NOINVW N003NO`Nun8000M d0)aio 009lo l Xtll 866MMS0 dVW Xtll , NOIllaaV°JNISSONO S3NOO8 iVld 3AliViN31 SN OI?I3r11t3 �1��1111 naa I' �r d'IL $ m+a I tlYG^Yb 7 s� I - i i .es mh� gm ZS aA070XOd ije as - -. roe c1 r m I � b .LSVI7HVQ ,LSVl7HVQ a FKF-K F.i I - Ol I. -eIC I I ,LS 17lZfY0 N I m e LL sea �P ewe ns a I I = a m � � w Jsslul Lsslar do F88 of II � ° " .: 'I m1 �oP o b -- E -- �I °Ns �=- �� =11 - ^ 9�� o I - issnooa� - �eila,iP� o NN E��5 4Q.% �, I I PUBLIC WORKS DEPARTMENT 190 GARFIELD STREET WOODB WOODBURN, OR 97071 1' ncvrparated 188 August 2, 2024 Rick Givens Planning Consultant 28615 SW Paris Ave., Unit 10 Wilsonville, OR 97070 Re: Annexation Certification Subject Property: Marion County Tax Map: 052W1913000600, 052W1913000700 & 052W1913000800 This letter is to certify that the City of Woodburn has no capacity issue with the public wastewater treatment facility or public water treatment facility. However, the subject property is not adjacent to an existing collection system for wastewater, public storm sewer collection system, and public water system. The requirements for these collection facilities would still need to be determined. The capacity analysis, design and installation would be the responsibility of the applicant/property owner. If you have any questions, please contact me at 503.982.5248. Sincerely, z 11 �B Dago Garcia, P.E. City Engineer City of Woodburn ge f Ia 1 3 146 1776 Newberg Hwy Woodburn, OR 97071 Bus. Office 503-982-2360 "mow Fax 503-981-5004 r July 24, 2024 Rick Givens Planning Consultant 28615 SW Paris Ave., Unit 110 Wilsonville, OR 97070 Cell: (503) 351-8204 Re: Adequate Service Provision Rick Givens: I have reviewed the property located immediately south of the Boones Crossing subdivision described as tax lots 600, 700, &800 of Marion County Assessor's Map 51W1913. Woodburn Fire District (WFD) evaluated the proposed project and has determined that adequate service can be provided by WFD. We will continue to review, evaluate, and comment on other submitted plans as they become available. If you have any questions or need additional information, please contact me. Sincerely: Fire Marshal Woodburn Fire District (503) 982-2360 iames.6bbsavoodburnfire.com sent via email 147 W o o d b U,r]"1t S c h o o D. ��,,-~c t 139O Meridian Drive,Womdbuon, 06Lg7[7] 4v -$URN�m*��, p�onc: 503'981^9555 � � Fax: g7]-9B3-36lI July 25, 2OI4 Rick Givens Planning Consultant Re: Annexation of the property located on Tax Lots 600, 700, and 800 of Assessor's Map 51VVl9B Mr. Givens: In response to your request, Woodburn School District has determined that your requested annexation located near 800ne5 Ferry Road will impact our schools. Whereas, vvedo feel vv8 will have capacity to handle the potential increase in attendance, we will defer to the city's traffic and pedestrian analysis to determine if the current infrastructure is sufficient and will not affect the safety Vf our students and families as they access our sites. Sincerely, Casey Woolley Director ofSafety, Operations, and Communications Woodburn School District Pa � � l | l AttaOh[nent 103A ��Iage 3 of 3 148 I1 N s 1 ti°S�U� 10 - LL N s L « 05, U �a o av ioo�u„Nowni� O m0 O N om sm - U) L 1 � Jy / 6 0 �?S Sv'y, O x �b o a1 s3b�04" as NNAI da',, w J 011- t, it nvSiadd m< - w y� Z,i ry L o _i;nr cl ftt: . yD�ar 1 tS o iSl HOid q ir ry �d 2lp IV, [MU m ad s m rr G� ;, ye <m b ""iG av W 1 u as lSNnnOHFI m..� lI c PIY LP M 1 ^M aoynvi s ., i b0 OtS � 01 � WI h � U3, r_ o a� ap.� fib'}✓-�lyV ,< 66 o 5' as dnodwn as d r r a 1 w 041, w -' as nrOi�)Mai r 1 IN IId IOn MWy ?. eta 3ad'd>s Lr � �1 vei s Zv SV eudNJd n �' dldwn qt4 L L n E ..I MorA'I <� J 0 0 Mr�N 'I 1 C E Ocl 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 r, T () Cn cc Cn U O C ° Zi O a All 00 � Q Q � � r � � C _ ~ r LL cC cC U) Q (Y O N � - -� LL LL LL LL LL a Lanoao aoead � W � LL a z °o 3 z-ow, LL m 0 rn o - o o, as,00�u..No.No C C iLa'Y =o l3 p a a� „ 0:,.. p p > 0 V ✓,A o r � �a 1 � r 1 II evaNa - 1 ao 11ha u " cl s tpll.3CyA✓ �Ary .W Ou��M1 ry y.(JJ G� a 1 cl e� e 1^ I ♦,yo 1 c tea°I w 4. 1 ♦ o "„ va r ♦ da,N„ a3o��:�N *,� nnnNa�:nto .vw u, cl ° v y I I aoaa�r,ei as advndvn .,u` v rN, qq AV ONV-IO000 ® � w SS v n s NMa R K N 0 1 I 0 C �- O O- Y c 4]. O N 0 N O C pmy a. O m N ' ®.Y+ O b m a li a r, 5 LL 1 I N a z 0 3 ANX 24-02 Mill Creek II Subdivision (Tax Lots 051W1913000600 [primary], 700, & 800): Attachment 201: Dictionary & Glossary This document defines and explains abbreviations, acronyms, phrases, and words particularly in the context of conditions of approval. • "ADA" refers to the federal Americans with Disabilities Act of 1990. • "AW" refers to Architectural Wall. • "Boones Ferry" refers to S. Boones Ferry Road. • "CAE" refers to cross access easement. • "CDD" refers to the Community Development Department. • "CEP" refers to civil engineering plan review, which is a review process independent of land use review led by the Community Development Department Planning Division and that is led by the Public Works Department Engineering Division through any application forms, fees, and review criteria as the Division might establish. A staff expectation is that CEP follows land use review and approval, that is, a final decision, and as PW decides either (1) precedes either building permit application or issuance, or (2) is the same as the building permit review process. • "County" refers to Marion County. • "Crocus" refers to Crocus Street. • "C of O" refers to building certificate of occupancy. • "Dahlia" refers to Dahlia Street. • "Director" refers to the Community Development Director. • "exc." means excluding. • "FOC' refers to face of curb. • "ft" refers to feet. • "GFA" refers to gross floor area. • "Iris" refers to Iris Street. • "max" means maximum. • "min" means minimum. • "MUTCD" refers to Manual on Uniform Traffic Control Devices of the U.S. Department of Transportation (U.S. DOT) Federal Highway Administration (FHWA). • "NE means northeast. • "NW" means northwest. • "OAR" refers to Oregon Administrative Rules. • "o.c." refers to on-center spacing, such as of trees or shrubs. • "ODOT" refers to the Oregon Department of Transportation. ANX 24-02&SUB 24-01 Mill Creek II Tax Lots 051W19B000600(primary),700,&800-Staff Report/Final Decision Attachment 201 Page 1 of 3 151 • "OR 99E" refers to Oregon Highway 99E, which is Pacific Highway. • "ORS" refers to Oregon Revised Statutes. • "PU" refers to plant unit as WDO Table 3.06B describes. • "PUE" refers to public utility easement, whether along and abutting public ROW ("streetside" PUE as WDO 3.02.01B describes) or extending into or across the interior of private property ("off-street" PUE as WDO 3.02.01C describes). • "PW" refers to Public Works (the department) or on rare occasion public works (civil infrastructure) depending on context. • "Root barrier" refers to that illustrated by PW SS&Ds Ii:)ii- wiiiii lI`oq 1. "Stii,ee �ii- If)ll „ii°�ti;!%ii�g .... ......... ...... New Coii°isti:iiFluct!oii°�'". ................................................................................................................................. • "ROW" refers to right-of-way. • "RPZ" refers to root protection zone, which WDO 1.02 defines. • "SE" means southeast. • "SDA" refers to site development area, the entire territory that is the subject of the land use application package. • "Shared rear lane" refers to what resembles and functions like an alley, but isn't public ROW. • "sq ft" refers to square feet. • "SS&Ds" refers to PW standa.r;�,),,,,,,s„l�..,u;�;,�,�;,a,;t,u„��„�;�,s,,,,,a„�;�,�),,,,,�,r;a„�✓,u„��,g,s. • "Street trees" refer to trees that conform to the WDO, including 3.06.03A and Tables 3.06B & C, and that have root barriers where applicable per PW II[Dir „ a,!ing No. ,I ,`� ,ti,,ii,eet �;;;;iree I::)IIaintiing,,,,,11 , , ,,,, a !! 2�;;,P,Fl,!�ua�;�;ioii�� • "Substantial construction" is what WDO 1.02 defines. • "SW" means southwest. • "Tax Lot 600" means 051W19B000600, which has no address. • "TCE" refers to temporary construction easement. • "TDM" refers to transportation demand management, which means according to the TSP (p. 82), "a policy tool as well as a general term used to describe any action that removes single occupant vehicle trips from the roadway during peak travel demand periods", and according to Wikipedia as of October 13, 2020, "the application of strategies and policies to reduce travel demand, or to redistribute this demand in space or in time." • "TDP" means the l,,,ra„nsit ,C ,��,y,��„l,(�„p,��r„�„�,�,� ,f�„�,�a„D„ dated June 2023 adopted by Resolution No. 2213 June 12, 2023. • "Tot." means total. • "Traverse" refers to the name of E.Traverse Road,the TSP Project R29 "South Arterial" (TSP p. 33) which became named in its first segment through PUD 22-01 Mill Creek Meadows subdivision platting of 1490 Brown Street (final subdivision application FSUB 24-01). • "TSP" means the C,��,��,�,�a,��„r;,�;�,,,,,,,l,,,,ra.n„s„p,��„��,�,;�,u,��,�;i,,,,, „ ,ste.� ,,,,,,��,l„a„��,,,,,,(,,,l,,, „��„)„ • "UGB" refers to the urban growth boundary. • "Upland" refers to Upland Avenue. ANX 24-02&SUB 24-01 Mill Creek II Tax Lots 051W19B000600(primary),700,&800-Staff Report/Final Decision Attachment 201 Page 2 of 3 152 ......�.........�..�.:'. • "WFD" refers to the independent Woodburn Fire District. • "WTS" refers to the Woodburn Transit Service or Woodburn Transit System. • "w/" means with. • "w/i" means within. • "w/o" means without. • "Vail" refers to Vail Avenue. • "VCA" refers to vision clearance area (sight triangles) as WDO 1.02 and 3.03.06 establish or as a specific condition establishes. ANX 24-02&SUB 24-01 Mill Creek II Tax Lots 051W19B000600(primary),700,&800-Staff Report/Final Decision Attachment 201 Page 3 of 3 153 ANX 24-02 Mill Creek II Subdivision (Tax Lots 051W1913000600 [primary], 700, & 800): Attachment 202: Conditioned Fees All of the following conditioned fees are due as applicable, whether or not mentioned directly by a condition of approval. Refer to Condition G3 for a dictionary/glossary, including acronyms and shorthand text. Part A. Fee Provisions 1. Any and all conditioned fees are in addition to, and not in place or as discounts of, any existing charge or fee however termed ordinarily assessed based on any existing ordinance, resolution, or administrative policy, inc. adopted fee schedules. If and when the City amends any ordinance, resolution, or administrative policy, inc. a fee schedule, to increase a charge or fee that is both (1) the same kind of charge or fee that is conditioned, (2) the amended charge or fee amount would exceed the amount conditioned, and (3) the increase takes effect before the conditioned fee is due, then the developer shall pay the greater amount. 2. Payments of conditioned fees due outside the context of assessment and payment through building permit shall reference a final decision case file number and the condition of approval letter/number designation, be it in a check memo field or through a cover or transmittal letter. 3. For fees due by building permit issuance, a developer may request the Director to allocate payments the same as allowed for fees in-lieu by WDO 4.02.12A.2, specifically, to pay across issuance of two or more structural building permits for the subject development. For all administrative and logistical questions about payment of land use conditioned fees outside the context of assessment and payment through building permit, the developer is to contact the Administrative Assistant at (503) 982-5246 and refer to this attachment within the ANX 24-02 & SUB 24-01 Mill Creek II subdivision final decision. For payment method citywide policy details,the developer is to contact the Finance Department at (503) 982-5222, option 1, for payment method policy details or view its we.by.�.g.". ANX 24-02&SUB 24-01 Mill Creek II Tax Lots 051W19B000600(primary),700,&800-Staff Report/Final Decision Attachment 202 Page 1 of 3 154 C N M O O � N N O u N Y N N a a E w co I-- a M— c u i- ,� � a O U U U Q C C C co co co 7 7 7 E E E Ln` O O Q Q Q W W W W � c c c o2S a tin fa aJ tl.0 N aJ L C `� L u — N 3 tin _ L w o o w p aa) Ln '� 3 a N C O L L 4- L >Q L L aJ N — •> •L -Q N X C N N N aJ ,� 7 > d H N 'a +.� v� aJ vi +.� W > "Q O �., = w 7 L aJ C 7 ++ +� tl.0 tl.0 aJ 7 ++ N >- 7 iJ -a 0 v� 'a O N N L Q E c L C -C 'a C L N m O •'_' M N aJ O u W ,,, t cf6.� aJ � •+� O O *'' c�6.� aJ uu cL uL- E -C ,L, 'O � O ra Q .N C ~ d N .`~ C C (a N vvi Q Q t C L N Q m m o : •� - o LX c 0) � � Q � � o � N � - � z tin 3 •0 0 �� >� O C a `"- O Q a tl.0 C vi 'j N 'O L C N 'a aJ L '� '+,, O +� O C L N O" O 'Z -Q •N C L N O C 'C to > C w m .-i pkj C O > U i 'p O aJ (6 t � O .� aJ > C C aJ Ln i., O +� .0 d 'a 7 N N 'a N tl.0 X (� N 'C 4- ''' -p �., .0 O z L to0 C: LL _Q fl" 4- U N � fa � � — •+.� L, t O > fa a) � N w Ln _Q � N W 0 M d N x ra ra O O Y L{) � C � L O voLo w o O O O U CL Ln M .--i N —c O � N m aJ D N aJ N N 0) r4 N N I N X ' Z N Q � � C a O E > m O w 7 E z .21 (31 E kn Q1 � "C cu C C Cu Q + U U G) i N tl0 tl0 Ln Ln Ln � U 00 LL N O C E 00 t E 0 t E i m CAA U N = CAA u N CAA U Ln ++ -Q z `ti u O ,n ��, N N u O ,n ��, N u OL m a O v � O u +•� O fC cc Q N M N Q N a \ \ / u y m \ 2 / / u G » \ / CL / \ cc / \ _ b $ / x ( 2 ± E E u ± § % / e y k o / u } z / \ 2 \ \ / / _ 2 0 _ ® \ a m = u i ) / z / - / u { 5 = � . a o = E 2 » a / § / 5 ƒ @ \ = 2 / = o = CL E m o _ = u � _ 75 _ / / \ \ / ) { § / \ / \ \ \ & 2 g ' / \ 5 ® 0) CL G o \ \ \ J c% \ a u 2 Ln c 2 E { / _ - » m { \ \ \ / 3 / / % / / / 2 / / k y 5 & 8 y ƒ \ & x / / / c \ \ Lo \ - u u E / K -a < / OJ{ \ f \ \ \ \ 4= (11 a - - / \ \ \ \ / 3 z 0 < t $ / / OJ U \ 3 u s e / § < ® % c ® m § CL\ � \ Cuj _ \ / \ u Cu k / / - w = / \ f �cu \ / Cu \ \ o / 76 / % s Cu \ E % ) / / % L \ / / / O O b9 G d W V � H3 6A fH H3 €!5 ["�' €f3 H3 H3 H3 fH H3 H3 H3 H3 H3 H3 H3 fH H3 fH h b9 V 'C � �y 0❑-0 y �, � O 0 o o W U M � > F ® ®o a 0 a uu 8 p a• E E E E E E E E E E % E a i $ a aL E NO N er 5� 5 i e e r c a r Z 8 < AN y p m � p q �' a s: q a s a a � s � e m e w. o � o a if N w RRY�� ry/1� fun.- May 12, 2025 TO: Honorable Mayor and City Council, acting in its capacity as the Local Contract Review Board, through City Administrator FROM: Jesse Cuomo, Community Services Director SUBJECT: Award of Construction Contract for the Boones Crossing Park Project RECOMMENDATION: Award a construction contract for the Boones Crossing Park Project to the lowest responsible and responsive bidder, GT Landscape Solutions in the amount of $1 ,070,276.13, with an additional $107,000.00 for contingency, and authorize the City Administrator to sign the Agreement. BACKGROUND: In 2000, the City of Woodburn granted final land use approval for the development known as Boones Crossing PUD, situated along South Boones Ferry Road. This PUD was originally intended to occur in 3 phases of development and include dedication of certain park land with improvements. However, the project was subsequently broken into six smaller development phases and only two were completed prior to the economic downturn of the Great Recession. Following recovery of the economy, property owners and developers for later phases of the PUD and the City convened to negotiate and re-"vest" land use approvals for the remaining Phases (3-6) of the development. As a result of the negotiations, the City secured the dedication of three acres of park land, generally located between the boundaries of Phases 5 and 6 of the PUD. After the completion of Phases 4 and 5 of the Boones Crossing Development, City staff initiated the development process for Boones Crossing Park. This involved hiring Dougherty Landscape Architects (DLA) to facilitate community listening sessions and gather input from residents regarding their preferences for the neighborhood park. Invitations were mailed to all addresses within a half- mile radius of the park location, resulting in two planning sessions attended by over 40 participants. Based on this community feedback, DLA provided a conceptual design for the three-acre park, which includes a walking trail, an accessible playground, a Agenda Item Review: City Administrator_x City Attorney_x_ Finance_x_ 158 Honorable Mayor and City Council May 12, 2025 Page 2 picnic shelter, a basketball court, and open lawn spaces. Upon finalizing the concept designs, a cost estimate determined the project funding would need to be diversified. Recognizing that funding this project through Park System Development Charges would impose a significant financial burden on the Park SDC fund, City staff applied for the Oregon Parks and Recreation Department Local Government Large Grant in February 2024. This grant application was in the amount of $1,396,334.00, with the City required to contribute a matching amount of $698,167.00 (50%). In July 2024, the city received notification of approval from the Oregon State Parks Department, awarding the City $698,167.00 in Local Government Grant funds for the completion of the Boones Crossing Park project. City Council approved the grant agreement in February of 2025. This project is included in the approved FY 24/25 budget, and amenities provided include a playground, basketball court, picnic shelter, landscaping, irrigation, and walking trails. Two alternates were selected for this project; these alternates include fill dirt for the site that was originally planned to be provided by outside developers. Frontage improvements along Iris St. were selected as part of the scope, as they fit within the project budget. Bids were opened May 1 , 2025. Six (6) responsible and responsive bids were received as follows, with base bids and the addition of alternates 3 (fill dirt) and 4 (Iris St. frontage improvements): GT Landscape Solutions $1,070,276.13 Knife River Corporation $1,234,681 .76 The Saunders Company $1,276,878.50 N8 Holmlund $1 ,288,021 .29 Western United Civil Group $1571,763.52 First Cascade $1,754,037.00 The Engineer's estimate for the project was $1 ,100,000.00 - $1 ,200,000.00. DISCUSSION: This project will complete one of the final phases of the Boones Crossing development and will provide a significant outdoor amenity to the surrounding neighborhood and the community at large. 159 Honorable Mayor and City Council May 12, 2025 Page 3 The contract award is in conformance with public contracting laws of the State of Oregon as outlined in ORS Chapter 279C for the construction of public improvements and the public contracting regulations of the City of Woodburn. Therefore, staff is recommending the contract be awarded. FINANCIAL IMPACT: The subject project is identified in the adopted fiscal year 2024/25 budget and funded by the Oregon State Parks Local Government Grant Funds and matching funds from Park SDCs. 160 Y ry .49w Ire B V' P ri,a�<;rrt rr rf aA'!87 May 12, 2025 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 replacement of the Supervisory Control and Data Acquisition (SCADA) at the Wastewater Treatment Plant RECOMMENDATION: Award the construction contract for the Wastewater Treatment Plant SCADA Replacement Project to the lowest responsible and responsive bidder, Taurus Power and Controls, in the amount of $86,858.00. Staff recommends approving an additional $5,000 for this project as a contingency for potential change orders that may arise during construction totaling $91 ,858. BACKGROUND: The project will focus on replacing the obsolete SCADA software and computers at the Woodburn Wastewater Treatment Plant (WWTP). The SCADA computers are running windows 2000 which is no longer supported. There are three SCADA computers running Wonderware. The Current system communicates with the plant PLC network through Alen Bradley's Data Highway Plus (DH+) protocol so DH+ to Ethernet converters for each computer are required. Bids for the Project were publicly opened April 30, 2025. Only one (1 ) bid was received, and the results are as follows: Taurus Power and Controls $86,858.00 The Engineer's Estimate for the project was: $70,000. DISCUSSION: The contract award is in conformance with public contracting laws of the State of Oregon as outlined in ORS Chapter 279C, and the laws and regulations of the City of Woodburn. Agenda Item Review: City Administrator_x City Attorney_x_ Finance_x 161 Honorable Mayor and City Council May 12, 2025 Page 2 FINANCIAL IMPACT: The subject project is identified in the adopted fiscal year 2024/25 Budget and funded by the Sewer Capital Construction Fund (Fund 465) 162 BU P rir p.�;;;rri reef A$'!R7 May 12, 2025 TO: Honorable Mayor and City Council through City Administrator FROM: Chris Kerr, Community Development Director SUBJECT: Council Briefing of Planning Commission approval of a Modification of Conditions for the US Market Gas Station and related to the number of fuel pumps at 2115 Molalla Rd (MOC 25-01) RECOMMENDATION: Staff recommends that the City Council take no action on this item and provides this summary pursuant to Woodburn Development Ordinance (WDO) Section 4.02.07. The Council may call up this item if desired and, by majority vote, initiate a review of the Planning Commission decision. BACKGROUND: The subject property is located at 2115 Molalla Rd. The property is zoned CG and is within 200 feet of residentially zoned property. The proposal is to modify the approved conditional use (CU 24-01) for a gas station, office space, and convenience store to increase the proposed six (6) fuel pumps by an additional six (6), for twelve (12) pumps in total. 5 . m ` Grey: Approved plan Mlue: Revised plan � m r, amM sc Agenda Item Review: City Administrator City Attorney Finance 163 Honorable Mayor and City Council May 12, 2025 Page 2 The Planning Commission held a public hearing on April 24, 2025, and unanimously approved the proposed Modification of Condition(s) (Type III) with the condition(s) recommended by staff through the staff report published April 16, 2025. No one testified besides the applicant. DISCUSSION: n/a FINANCIAL IMPACT: n/a Attachment(s): None. 164 Y ry .4, 9cwk Item B V' P rir p.�;;;rri reef A$'!R7 May 12, 2025 To: Honorable Mayor and City Council through City Administrator From: Chris Kerr, Community Development Director ' ' Heidi Hinshaw, Associate Planner Subject: Council Briefing on a Design Review application for a food truck pod at 237 N. Front St. (DR 25-03) Recommendation: Staff recommends that the City Council take no action on this item and provides this summary pursuant to „a'N':)�l�va_eim 1 �� y llaa rrieroll ( ra.: iiroa.: roe. e I:::.�( Section 4.02.02. The Council may call up this item if desired and, by majority vote, initiate a review. Background: On April 21, 2025, Staff approved a Design Review application for a food cart pod with two food carts at 237 N. Front Street. The property is zoned Downtown Development and Conservation (DDC), and the building on one half of the lot was built in 1914. The existing building has been vacant for some time, and the applicant plans to open a coffee shop and someday a brewery there. The existing building will provide the required seating and accessible restrooms. No appeals the project have been received as of the date of this memo. Additional application materials are found via the 1.::.)„f 1 2 ��W;;3, project webpage. A site plan for the two food carts is shown on the next page. Agenda Item Review: City Administrator City Attorney Finance 165 Honorable Mayor and City Council May 12, 2025 (Briefing of Staff Approval DR 25-03 KBRON Food Cart Pod) Page 2 Front Street i nn alp It U $ 1 ' O � -"��, LL G .. z _ __,._ __MIN} u wII5wu �� yaw !. U 24 I o am' M(, ----.. -' -- - ....ww 73i3�NE13hG'��b) Alley 166