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01-14-2013 - Agenda KF,M CW ATHRYN IGLEYAYOR ITY OF OODBURN HR,CW1 ORST AUSTEINOUNCILOR ARD LE,CWII ISA LLSWORTHOUNCILOR ARD CCA PMC,CWIII ITYOUNCILGENDA ETER CALLUMOUNCILOR ARD JC,CWIV AMES OXOUNCILOR ARD FL,CWV RANK ONERGANOUNCILOR ARD J14,2013–7:00.. ANUARYPM EM,CWVI RIC ORRISOUNCILOR ARD CHCC–270MS ITY ALL OUNCIL HAMBERS ONTGOMERY TREET 1.CALL TO ORDER AND FLAG SALUTE 2.ROLL CALL 3.ANNOUNCEMENTS AND APPOINTMENTS Announcements: A.City Hall and the Library will be closed on January 21for Martin Luther King Jr. Day. The Aquatic Center will be open normal hours. Appointments: None. 4.COMMUNITY/GOVERNMENT ORGANIZATIONS A.Chamber of Commerce B.Woodburn School District 5.PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: None. 6.COMMUNICATIONS None. – This allowsthe public to introduce items for 7.BUSINESS FROM THE PUBLIC Council consideration not already scheduled on the agenda. **Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo. Comuníquese al (503) 980-2485.** January 14, 2013Council Agenda Page i –Items listed on the consent agenda are considered 8.CONSENT AGENDA 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 December 10, 20121 Recommended Action: Approve the minutes. B.Woodburn Park Board minutes of December 11, 20124 Recommended Action:Accept the minutes. 9.TABLED BUSINESS None. 10.PUBLIC HEARINGS A.Planning Commission recommendation of approval for Zone 8 Change 2012-02, located at 3001 Newberg Highway (theformer Miles Chevrolet property) Hold a public hearing on Zone Change Recommended Action: 2012-02. Direct Staff to prepare an Ordinance to amend the Zoning Map. –Members of the public wishing to comment on items of 11.GENERAL BUSINESS 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. 2915-A Resolution Adopting Updates to the City 100 of Woodburn Addendum to the Marion County Multi- Jurisdictional Natural Hazards Mitigation Plan Recommended Action:Adopt a resolution updating the City of Woodburn addendum to the Marion County Multi-jurisdictional Natural Hazards Mitigation Plan. B.-106 Council Bill No. 2916A Resolution Approving Cooperative Improvement Agreement No. 28835 with the State of Oregon through the Oregon Department of Transportation and Authorizing the City Administrator to sign said Agreement Recommended Action:That Council adopt the attached resolution approving Cooperative Improvement Agreement No. 28835 (“the Cooperative Agreement”) with the State of Oregon through the Oregon Department of Transportation (ODOT). January 14, 2013Council Agenda Page ii C.Contract AwardforSewer Cleaning Truck Purchase143 Recommended Action:That Council, acting as the Local Contract Review Board, approve the contract award for the purchase of a new sewer cleaning truck to General Equipment for a total cost of . $324,123 D.Award of Contract for Electrician Services under an Indefinite 147 Delivery and Indefinite Quantity Contract Structure Recommended Action:That the City Council, acting as the Local Contract Review Board, award the contract for electrician services to Boones Ferry Electric. – These 12.PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS are Planning Commission or Administrative Land Use actions that may be called up by the City Council. None. 13.CITY ADMINISTRATOR’S REPORT 14.MAYOR AND COUNCIL REPORTS 15.ADJOURNMENT January 14, 2013Council Agenda Page iii COUNCIL MEETING MINUTES DECEMBER 10, 2012 0:01 DATE COUNCIL CHAMBERS, CITY HALL, CIT Y OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, DECEMBER 10, 2012 CONVENED The meeting convened at 7:00 p.m. with Mayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Morris Present Councilor Pugh Present Councilor Schmidt Present Staff Present: Police Chief Russell, Public Works Director Brown, Human Resources Director Hereford, Assistant City Engineer Liljquist, Community Services Director Row, Police Captain Garrett, Police Captain Alexander, Finance Director Shearer, City Recorder Pierson. OUTGOING CITY COUNCILORS PRESENTATION Mayor Figley and Councilor McCallum thanked Councilors Schmidt and Pugh for their service and presented them each with a plaque. 0:01 OATH OF OFFICE AND ELECTION A) Recorder Pierson administered the Oath of Office to the Mayor and newly elected Councilors. B) Lonergan/Ellsworth ... elect Councilor McCallum as Council President by acclamation. The motion passed unanimously. 44 0:06 ANNOUNCEMENTS • The City Council meeting scheduled for December 24 is cancelled due to the holiday schedule. The next City Council meeting will take place on January 14, 2013 at 7:00 p.m. • Holiday Closures: • Christmas: City Hall will close at noon on December 24 and will reopen for regular business hours on December 26. The Aquatic Center will be closed on December 24 and 25. The Library will close at noon on December 24 and reopen for regular business hours on December 26. New Year City Hall and the Library will be closed on January 1. The Aquatic Center will be open on January 1 from 7:00 a.m. to 3:00 p.m. o:o7 APPOINTMENTS Mayor Figley proposed the following appointments and reappointments: ✓ Library Board Position VI Phyllis McKean (reappointment) Page 1 - Council Meeting Minutes, December 10, 2012 COUNCIL MEETING MINUTES DECEMBER 10, 2012 ✓ Park Board Position VI Ardis Knauf (reappointment) Position VII Gevin Gregory (new appointment) ✓ Planning Commission Position 1 Patti Grigorieff (reappointment) Position 4 Erubiel Valladares (new appointment) Position 7 Robert Carney (new appointment) ✓ Budmt Committee Position III Matt Geiger (new appointment) Position IV Stanley Milne (reappointment) Position VI John Reinhardt (reappointment) ✓ Mural Committee Lazaro Ybarra (lifelong resident and practicing artist) Merri Berlin (active community member and holder offine arts degree) Colleen Vancil (President of Woodburn Art Center) Frank Lonergan (Council representative) Jim Cox (Council representative) Cox/ McCallum. ....approve the appointments and reappointments. 0:09 COMMUNTTY /GOVERNMENT REPORTS A. Woodburn School District — Superintendent Bautista thanked Mayor Figley and Councilors McCallum and Morris for their input on the schools strategic plan. He also wanted to thank the community for their support of the Woodburn Bulldog soccer team. 0:18 PRESENTATION A. Woodburn Bulldog Soccer team- Mayor Figley provided a Certificate of Achievement to the Woodburn Bulldog Soccer team for their State Championship win. 2:17 CONSENT AGENDA A. Woodburn City Council minutes of November 12, 2012, B. Woodburn Planning Commission minutes of October 25, 2012, C. Woodburn Planning Commission minutes of November 8, 2012, D. Liquor License Additional Privilege -On/Off Premise Sales and Add Partner, E. Certified Election Results —November 6, 2012 General Election. McCallum/Lonergan... adopt the Consent Agenda. 0:19 COfTN(`rr. 11r7 r Nn enie I,' _.._. . ­_ _ .. aar.i�a.raipr. Vy(t111VA1Vl,1L UNTIL MARCH 31 2013 AND DECLARING AN EMERGENCY. McCallum introduced Council Bill 2913. City Recorder Pierson read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2913 duly passed. Page 2 - Council Meeting Minutes, December 10, 2012 COUNCIL MEETING MINUTES DECEMBER 10, 2012 0:20 COUNCIL BILL NO. 2914 - AN ORDINANCE AMENDING ORDINANCE 2291 (THE DATA VISION COMMUNICATIONSIDATA VISION LLC FRANCHISE) TO DECLARING AN EMERGENCY. McCallum introduced Council Bill 2914. City Recorder Pierson read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2914 duly passed. 0:22 PLANNING COMMISSION APPROVAL OF CASES DR 2012 -02, EXCP 2012 -02, PLA 2012 -03, AND SIGN 2012 -038, LOCATED AT 2325 N. BOONES FERRY ROAD (WOODBURN MEMORY CARE) Council declined to call these items up for review. 0:24 MAYOR AND COUNCIL REPORTS • Councilor McCallum said farewell to Councilors Schmidt and Pugh and welcomed new Councilors Raustein and Ellsworth. He also wished everyone a happy holiday. • Council Ellsworth said that she is looking forward to being on the Council and thanked people for their support. • Councilor Cox concurred with Councilor McCallum. • Councilor Morris thanked the outgoing councilors for their service and also announced that he would be leaving Fred Meyer to take a position with the Oregon Commission for the Blind. He wished everyone a merry Christmas. • Mayor Figley wished everyone the joys of the season and a happy new year. 0:26 ADJOURNMENT McCallum/Lonergan... meeting be adjourned. The motion passed unanim ously. The meeting adjourned at 7:26 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson, Recorder City of Woodburn, Oregon Page 3 - Council Meeting Minutes, December 10, 2012 City of Woodburn Recreation and Park Board Minutes December 11, 2012 5:30 p.m. WOODBURN 1. CALL TO ORDER The meeting and was called to order at 5:30 p.m. 2. ROLL CALL Position I Brent Glogau, Member (12/13) Present Position II (Student) Sofie Velasquez (12/12) Present Position III Joseph Nicoletti, Board Secretary (12/13) Present Position IV Rosetta Wangerin, Board Chair (12/13) Present Position V Bruce Thomas, Member (12/13) Present Position VI Ardis Knauf (12/12) Present Position VII Tony Waite (12/12) Absent 3. APPROVAL OF MINUTES Ardis Knauf/ Brent Glogau- Motion to approve the November 13, 2012 minutes as presented. The motion passed unanimously. 4. BUSINESS FROM AUDIENCE 5. OLD BUSINESS 6. NEW BUSINESS Review of 2008 Community Centers Feasibility Study Jim briefly discussed the history of the community center project in Woodburn, including the facility that the city operated for many years at 3` and Grant St. As the facility was deemed inadequate to continue functioning as a community center, the City attempted, unsuccessfully, to finance the construction of a new facility through the passage of bond measures in 2000 and 2002. Regardless, the center was closed in 2003 and sold in 2004. The sale proceeds of $187,000 are currently held in reserve to assist with the funding of a new community center. As a continuation of its efforts, the City hired a consultant in 2006 to conduct a feasibility study related to two community center options. One of the concepts involved the construction of an arts & cultural community center. This 28,000 sq /ft facility was recommended to be sited at Legion Park, and would contain a large assembly hall, commercial kitchen, and spaces for teen, senior, arts, and dance programs. The second concept, known as the "Recreation Center", involved expanding the Aquatic Center to include recreation center amenities, such as a weight room, fitness space, gymnasium, multi- purpose classrooms, and expanded locker rooms and staff areas. The project would increase the total area of the facility by approximately 20,000 sq /ft. While a cost wasn't assigned to it, as a more economical alternative, an expansion concept was also developed that was 7,000 sq /ft smaller. Page 1 of 4 City of Woodburn Recreation and Park Board Minutes December 11, 2012 • 5:30 p.m. `]`jOODBURN To highlight the details of the project, Jim displayed the PowerPoint that was originally presented to the City Council at the conclusion of the study, in January 2008. At the time, the cost for the Recreation Center project, was estimated to be nearly $8.3 Million, while the cost for the Arts & Cultural Community Center was estimated at more than $8.8 Million. The study recommended placing a higher priority on the Recreation Center concept, since that facility would better address the perceived community needs and take advantage of existing operational resources. Even thought it was initially established as a project objective, the consultants ultimately concluded that it would be extremely difficult to complete either of these projects without passing a bond measure. The other issue that would need to be addressed was their projection that both facilities would require a regular general fund operating subsidy. There was some discussion regarding the thought that the expanded facility could potentially be operated without a significant increase in the general fund subsidy. The Board agreed to continue discussing the project at the annual workshop in January. DIVISION REPORTS Aquatics — Kristin Wierenga Kristin reported that, through November, revenue is up 30% over last year. Costs are also up, largely due to equipment repair & maintenance items, including work to pool equipment and plumbing. We also experienced some fairly minor issues with the HVAC system and brought in the manufacturer's technician to do a thorough evaluation and maintenance. To improve the level of service we were receiving, w also hired a different company to do the ongoing maintenance in an effort to extend the life of the equipment and make sure it's running properly at all times. Many new and expanded programs are scheduled to start in January: • Kayak Classes in partnership with Next Adventure • Saturday Swim Lessons • Open an additional hour M -F • Extra swim lesson classes offered every hour and 2 extra time offerings with the extending closing time. • New membership option & locker rentals (reoccurring) We are also exploring the possibility of merging the Aquatic Program Brochure & the Out & About activity guide. The new publication will likely include articles (more like a magazine) and glossy magazine style paper. Merging the two together provides more space and higher quality paper for similar cost. The Center will host a fitness open house Jan. 4` 8am -lpm. With free classes, vendors & promotions. Page 2 of 4 City of Woodburn Recreation and Park Board Minutes December 11, 2012 • 5:30 p.m. 1 • • C We have explored parking lot lighting upgrades and are waiting for proposals from electrical/ lighting firms. McDonalds has also offered to donate their old poles/ fixtures from the 99E store. We are exploring their suitability and installation options. Recreation — Stu Spence Mayor's Tree Lighting - About 80 people attended this year's event in the rain. The event began at the Settlemier House at 5 :30pm where the Dickens Carolers performed and the Mayor lit the tree, then a parade down Garfield St. to the Downtown Plaza for a performance by Dance, Dance, Dance, the lighting of the Plaza tree, and finally the arrival of Santa. A special thank you to Mayor Figley for her leadership and involvement in the event, Ray at Viesko Concrete for building Santa's sleigh, to our volunteer Junior that played Santa, and to the Youth Advisory Board for decorating the Plaza Gazebo. Program Classes - These new classes are being advertised in the Out & About, school fliers, Facebook, email lists, and posters. We hope to have many successful classes this winter /spring. Museum Recognition - Each year volunteers at the Woodburn Historical Museum serve as docents guiding the public and school groups through the local artifacts and pictures. There is a core group of eight dedicated volunteers that keep the building open. I want to publicly thank them tonight. Active Adults - These seniors are in the holiday spirit. 19 attended "Christmas on Broadway" last weekend at the Broadway Rose Theatre Company in Tigard and another 20 are registered to go to the Grotto Festival of Lights in Portland on Thursday. These trips continue to generate revenue for our program. Parks and Facilities — Jim Row Jim provided an overview of the new City website, which is very close to completion. It is expected to go live soon after the first of the year. At the December 10, 2012 Council meeting, the Mayor appointed Gevin Gregory to the Park Board. His 4 year term will begin January 1, 2013. 8. FUTURE BOARD BUSINESS The next meeting will be the annual workshop at 5:30 PM on January 8, 2013. 9. BOARD COMMENTS Page 3 of 4 City of Woodburn Recreation and Parr Board Minutes December 11, 2012 • 5:30 p.m. 10. ADJOURNMENT The meeting adjourned at 6:40 PM ,csf i►" -�-M a p. =,t' Joseph Nicoletti, Board Secretary Jim Row, Community Services Director Page 4 of 4 7 W OODBU R N nS"44 lxco,pa.a.ed sag r January 14, 2013 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Director of Economic & Development Services SUBJECT: Planning Commission recommendation of approval for Zone Change 2012 -02, located at 3001 Newberg Highway (the former Miles Chevrolet property) Hold a public hearing on Zone Change 2012 -02. Direct Staff to prepare an Ordinance to amend the Zoning Map. BACKGROUND In 1995 the property was rezoned from Commercial Office (CO) to Commercial Retail (CR). The Commercial Retail zone was later renamed Commercial General (CG). Ordinance 2141, which accomplished the 1995 rezone, was subject to several conditions. Condition of Approval H.1 provided that "The zone change approved herein shall allow only vehicle and vehicular related type sales and service. No other retail type uses shall be allowed without first obtaining approval thereof through the zone change process." The applicant now seeks to remove Condition of Approval H.l . The proposed change would allow the property to be redeveloped with any use listed in the CG zone. The Planning Commission conducted a public hearing on November 29, and forwarded it the Council with a unanimous recommendation of approval. DISCUSSION: The attached staff report analyzes the proposal with respect to the Woodburn Development Ordinance. It includes the Planning Commission's decision and findings of fact. FINANCIAL IMPACT This decision is anticipated to have no public sector financial impact to the City. Agenda Item Review: City Administrator _x_ City Attorney _x_ Finance _x_ P Honorable Mayor and City Council January 14, 2013 Page 2 Attachments: Staff report Email of November 20, 2012 giving ODOT's comments on the proposal M Woo�BURN Department of Economic and Development Services Plannine Division CITY COUNCIL STAFF REPORT PUBLIC HEARING Application Types Type IV Modification of Conditions / Zone Change Application Numbers ZC 2012 -02 Project Description The applicant requests modification of a Condition of Approval for Zone Change 1994 -02 to allow any use listed in the CG zone. Project Location 3001 Newberg Highway, tax lot 052W 12BC06600 Zoning Commercial General (CG), restricted to vehicle and vehicular related sales and service by Ordinance 2141 Applicant/Representative Ensign 1993 Trust / Angelo Planning Group Property Owner Ensign 1993 Trust Planner Assigned Don Dolenc, Associate Planner Application Received October 18, 2012 Application Complete November 5, 2012 120 -Day Deadline March 5, 2013 Date of Staff Report January 7, 2013 Date of Public Hearing January 14, 2013 BACKGROUND & PROPOSAL The most recent zoning action occurred in 1995, when the property was rezoned from Commercial Office (CO) to Commercial Retail (CR). The Commercial Retail zone was later renamed Commercial General (CG). Ordinance 2141, which accomplished the rezone, was subject to several conditions. Condition of Approval H.1 provided that "The zone change approved herein shall allow only vehicle and vehicular related type sales and service. No other retail type uses shall be allowed without first obtaining approval thereof through the zone change process." The applicant now seeks to remove Condition of Approval H.1. The proposed change would allow any use listed in the CG zone. The Planning Commission conducted a public hearing on November 29, 2012, and voted unanimously to forward the case to the Council with a recommendation of approval. RECOMMENDATION — Direct Staff to prepare an Ordinance effecting the zone change. Planning\2012\Zone Change\3001 Newberg Hwy (ZC 2012 -02) \Staff report Councii.docx Page 1 of 5 10 the subject property APPROVAL CRITERIA WOODBURN INTERCHANGE Applicable criteria from the Woodburn Development Ordinance (WDO) are Sections: 1.101, 1.102, 1.103, 2.101, 2.106, 2.116, 4.102, and 5.104. Additional relevant criteria are the provisions of Ordinance 2141. ANALYSIS AND FINDINGS OF FACT WDO 2106 Commercial General (CG) District Standards Findings Sections 2.106.01 -04 list the uses allowed in the CG zone. Under the conditional zoning of Ordinance 2141, the allowed uses are restricted to vehicle and vehicle - related sales and service. The proposed modification would remove this restriction and allow the property to be used for any of the uses listed in Sections 2.106.01 -04 (see Exhibit E for the currently listed uses). Measure 56 notice Findings Ballot Measure 56 (codified as ORS 227.186) requires the property owner to be notified of rezoning that restricts the allowed uses of the property. In this case, the property owner initiated the application. The request is to expand, not restrict, the uses allowed on the property. Conclusion Measure 56 notice is not required for this application. Planning \2012\Zone Change\3001 Newberg Hwy (ZC 2012 -02) \Staff report Council.docx Page 2 of 5 11 WDO 2.116 Interchange Management Area (IMA) Overlay District Findines Section 2.116.03 states that the provisions of Section 2.116 apply to all Type II — V land use applications that propose to allow development that will generate more than 20 peak hour vehicle trips on parcels identified in Table 2.116.1. The provisions of Section 2.116.07 apply to all properties within the boundary of the IMA. The property was developed at the time the IMA was adopted, so the subject property (tax lot 052W12BC06600) is not identified in Table 2.116.1 and is not included in the maximum peak hour vehicle trip limitation. m.. M- o t it t lu -h.mn T.:.. Rwlaet by Parcel (Parcel Budeet) 1 Y V.Y Assessor Map and Applicable Comprehensive Vacant Maximum Peak Tax Lot Number Plan Designation Buildable Acres Hour Vehicle Tri s 052WI100300 SWIR 88 968 052W13 01100 052W1401500 SWIR 96 1056 052W14 01600 052W1400200 SWIR 22 242 052W14 00600 052W14 00800 052W1400900 SWIR 109 1199 052W14 01000 052W14 01100 052W14 01200 SWIR 4 44 052W23 00100 SWIR 46 506 052W12AC 04301 Commercial 2 66 052W12C 00604 Commercial 1 33 052W12C 00605 Commercial 3 99 052W12C 02100 Commercial 7 231 052W12C 02200 Commercial 6 198 052W12C 02300 Commercial 7 231 052W12C 02400 Commercial 2 66 052W13 01600 Commercial 5 165 052W 14 02000 Commercial 8 264 052W1402100 Commercial 5 165 052W1402300 Commercial 6 198 052WI3131) 00900 (westerly portion) 052W13BD 01500 Nodal Commercial 9 2 9 7 052W 13BD 01600 052W13BD 01700 052W13BD 01800 Conclusion Section 2.116.03 does not apply the provisions of Section 2.116 to this application. Findines Section 2.116.03 states that the provisions of Section 2.116.07 apply to all properties within the boundary of the IMA. Section 2.116.07 states that the provisions of Section 2.116.07 Planning\2012 \Zone Change\3001 Newberg Hwy (ZC 2012 -02) \Staff report Council.doex Page 3 of 5 12 apply to all Comprehensive Plan Map amendments within the IMA Overlay District, except Zoning Map amendments that result in conformance with the applicable Comprehensive Plan Map designation. The property is designated Commercial on the Comprehensive Plan Map. Conclusions The requested amendment results in conformance with the applicable Comprehensive Plan Map designation. Section 2.116.07 does not apply to this application. Note: Section 2.116.05.13 requires notification of land use decisions be sent to the Oregon Department of Transportation in certain instances. Although the provisions of Section 2.116.05 do not apply to this application (see the conclusions for Section 2.116.03), notice of this application was sent to the Senior Transportation Planner of Oregon Department of Transportation Region 2. ODOT responded "We have reviewed the application package and concur with the analysis on page 2 that concludes that the interchange overlay zone does not apply to this property. As a land use matter, therefore, ODOT has no objection to this proposed zone change. As future development is considered on the property, be aware that the property currently does not have direct access to OR 214 and no access will be permitted in the future given the proximity to the interchange improvements." WDO 4.102.07 Modification of Conditions Findings Section 4.102.07 provides that a request to modify a condition of approval is to be considered pursuant to the procedure and the standards and criteria applicable to a new application of the type of permit or zone change that is proposed to be amended, except that the modification of a condition limiting the use of property may only be considered as a Type 1V Zoning Map Change application. The applicant seeks to modify Condition of Approval H.1 of Ordinance 2141. Conclusion The requested Modification of Conditions is correctly processed as a Type IV Zone Change decision. WDO 5.104.04 Zoning Map Change, Owner Initiated Findings Section 5.104.04.13.1 requires demonstrated need for the proposed use and the other permitted uses within the proposed zoning designation. The requested change will allow the parcel to more efficiently and effectively redevelop in response to existing market conditions. The applicant's analysis of Section 5.104.04.B.I is on pages 24 of Exhibit A. Conclusion The application complies with the requirements of Section 5.104.04.13.1. Findings Section 5.104.04.B.2 requires 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. The requested Modification of Conditions would not alter the inventory of developable land in the Commercial General (CG) zone. The applicant's analysis of Section 5.104.04.82 is on page 4 of Exhibit A. Conclusion The application complies with the requirements of Section 5.104.04.B.2. Planning \201.2\Zone Change\3001 Newberg Hwy (ZC 2012 -02) \Staff report Council.docx Page 4 of 5 13 Findings: Section 5.104.04.13.3 requires 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 be accomplished by one of the following: a. Limiting allowed land uses to be consistent with the planned function of the transportation facility; or b. 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 to reduce demand for automobile travel and meet travel needs through other modes of transportation. The applicant's analysis of Section 5.104.04.13.3 is on pages 4 -8 of Exhibit A. The applicant also submitted a traffic study (Exhibit B) which concludes that the impacts of the proposed zone change are not anticipated to affect the transportation system such that it would not meet the performance standards identified in the Transportation System Plan. Conclusion The application complies with the requirements of Section 5.104.04.13.3. STAFF RECOMMENDATION The Planning Division recommends that the Council direct Staff to prepare an Ordinance effecting the zone change. EXHIBITS Exhibit "A" Applicant's narrative Exhibit `B" Traffic Study dated September 27, 2012 (Applicant's Exhibit B) Exhibit "C" Site plans (Applicant's Exhibits F.1 through F.9) Exhibit I'D" Ordinance 2141 Exhibit " E " Woodburn Development Ordinance Sections 2.106.01 through 2.106.04 Exhibit "F" Relevant portion of draft Planning Commission minutes of November 29, 2012 Exhibit "G" ODOT email of November 20, 2012 Planning\2012\Zone Change \3001 Newberg Hwy (ZC 2012- 02)\Staff report Council.docx Page 5 of 5 14 City of Woodburn Type IV Zone Map Change Application Applicant: Ensign Investment Ensign 1993 Trust Phone: (503) 757 -6174 Email: aensign @msn.com Applicant's Representative and Land Use Planning: Property Description: Current Zoning: Application Submitted For: Angelo Planning Group Cathy Corliss, Principal 921 SW Washington Street, Suite 468 Portland, OR 97205 Phone: (503) 227 -3673 Fax: (503) 227-3679 Email: ccorliss @angeloplanning.com Tax Lot 6600, Map 5 2W 12BC General Commercial (CG) Modification of Conditions Exhibit "A" 15 Table of Contents for Pointe at Woodburn Section 1: General Information ................................................................ ............................... 1 Request ................................................................................................... ............................... Siteand Context ...................................................................................... ............................... 2 ProjectTimeframe ................................................................................... ............................... 2 Overviewof the Application ..................................................................... ............................... 3 Section 2: Findings of Conformance with Approval Criteria ................. ............................... 1 4.1 Administration and Procedures .......................................................... ............................... 1 4.102 Review, Interpretation and Enforcement .................................... ............................... 1 5.1 Application Requirements .................................................................. ............................... 1 5.104 Type IV (Quasi - Judicial) Decisions and Application Requirements ............................ 1 6.1 Appendices ........................................................................................ ............................... 9 6.101 Description of Application Exhibits ............................................. ............................... 9 List of Tables No table of figures entries found. Exhibits Exhibit A. Conditions of Approval for Subject Property (Exhibit "B" of Council Bill No. 1612, io Ordinance No. 2141) Exhibit B. Trip Generation Memorandum Exhibit C. Deed Exhibit D. Assessor's Map(s) /Notification Area Exhibit E. Notification List for Subject Property Exhibit F. Site Plan F.1: Ensign Woodburn Zone Change Application Site Plan Overview F.2: Site Plan F.3: Site Plan: Easements F.4: Site Plan: Aerial with Planametrics F.S: Site Plan: Water Facilities F.6: Site Plan: Sewer Facilities F.7: Site Plan: Stormwater Facilities F.B: Site Plan: Bicycle Facilities F.9: Site Plan: Pedestrian Facilities io Section 1: General Information Request Ensign Investment LLC ( "applicant") is seeking approval to modify the conditions of approval on a parcel owned by Ensign Trust located at 3001 Newberg Highway (OR 219). The parcel is located north of OR 219 and bounded by Arney Road to the east, Woodlawn Avenue to the west, and Robin Avenue to the north (Map 5 2W 12BC, Tax Lot 6600). The location of the subject parcel is shown on Figure 1: Location Map on page 4. The City of Woodburn rezoned the property from Commercial Office (CO) to Commercial Retail (CR) in 1995 at the request of Miles Chevrolet (Ordinance No. 2141). The CR zone was later subsumed into the General Commercial zone (CG). Ordinance No. 2141 included approval of both a zone change and a site plan. The conditions of approval for that application (Exhibit "B° of Ordinance No. 2141, included as Exhibit A of this application), which appear to address both the zone change and site plan, included: A Conditions Relating To Streets/Traffic B. Conditions Relating To Water C. Conditions Relating To Drainage E. Conditions Relating To Building Construction F. Conditions Relating To Financial Contributions G. General Conditions H Special Operating Conditions This application is a request to modify Condition H.1. which reads as follows: H. /. The zone change approved herein shall allow only vehicle and vehicular related type sales and service. No other retail type uses shall be allowed without first obtaining approval thereof through the zone change process. The applicant is seeking to remove this condition of approval so that future uses on the site may include all of the retail uses that are currently permitted under Woodburn Development Ordinance (WDO) Section 2.106, Commercial General (CG). As confirmed by the Economic and Development Services Director, with the exception of Condition H.1, the other conditions relate to the approval of the Miles Chevrolet site plan and therefore do not need to be addressed by this application but may be modified or superseded at the time a new site plan is approved for the subject site. In addition, because no site plan is being presented for approval at this time, detailed information related to infrastructure and drainage is not required or provided with the application. The City of Woodburn Comprehensive Plan map designates this property as commercial. No change to the Comprehensive Plan is required by this proposal. Modification of Conditions Application Pointe at Woodburn Page 1 October 2012 17 Site and Context The subject parcel is located in the northwest quadrant of the 1 -5 Woodburn Interchange and has access from Amey Road, Woodlawn Avenue, and Robin Avenue. Adjacent zoning and uses are: • North — RS (existing single family homes) East — CG (LaQuinta Inn and Suites, gas station, Jack in the Box restaurant) • South — CG (Vacant) West— RS (existing single family homes) The site was developed for automotive usesisales (Miles Chevrolet).. The one building (30,288 square feet) on site and the associated parking lot area is currently vacant. Since the property was zoned CG and the existing use restriction was adopted, the character of the commercial area in its vicinity has dramatically changed, most notably with the development of the Woodburn Company Stores. Also since the subject site was rezoned, the City has undergone an examination of buildable lands needs through periodic review with the State. As documented in the 2005 Woodburn UG8 Justification Report, under commonly accepted methods of projecting commercial land need, the City will have a deficit of commercial lands over the 20 -year planning horizon. To avert such a shortfall, the City has intentionally not identified new commercial land and instead adopted policies supporting efficient use and redevelopment of existing commercial sites to increase commercial land use efficiency within the City's urban growth boundary (Comprehensive Plan Policies F -1.1, F -1.8). While the subject parcel was considered developed (not vacant or redevelopable) as part of the 2005 buildable lands inventory, it is now essentially vacant and relatively underutilized given the size of the existing structure relative to the size of the entire lot and parking areas. Removing the use restriction will enable this land to be redeveloped more efficiently and effectively. By removing the commercial retail use restriction on the property, redevelopment of the site for uses other than those narrowly related to automotive sales and service help the City meet its long -term commercial needs. While the parcel is within the City's adopted Interchange Management Area Overlay District, this action is not subject to WDO Chapter 2.116, Interchange Management Area (IMA) Overlay District because the request is consistent with the Comprehensive Plan Map (WDO 2.116.07 Comprehensive Plan and Zoning Map Amendments). It should also be noted that the parcel is not included in the Trip Budget (Table 2.116.1. Vehicle Trip Budget by Parcel (Parcel Budget)), since parcels listed and subject to the Trip Budget included only land that was categorized as vacant at the time of adoption. Proiect Timeframe The request to modify the conditions on this commercially zoned site does not include a development proposal or site plan approval and no specific development is planned for the parcel at this time. However, for purposes of evaluating potential impacts on nearby transportation facilities, one possible redevelopment scenario has been identified, representing a reasonable worst case land use scenario (in terms of traffic generation and impacts). Modification of Conditions Application Pointe at Woodburn rage e October 2012 18 In an attempt to use the property consistent with the zoning conditions applied in 1995, the applicant has pursued auto dealer groups and vehicle related type sale and services as a suitable tenant for the existing building to be consistent with Condition H.1. However, the applicant has found that there is no viable interest in the site from this limited universe of retail users. Through this application, the applicant is seeking a means to redevelop the property more efficiently and effectively by removing the narrow use restriction that limits the type of commercial retail activities that could locate on the property. The applicant is exploring uses for the existing building as well as redevelopment of part or all of the remainder of the site. Ultimate configuration of commercial uses on the site will depend on the outcome of this request to modify the condition of approval that limits commercial retail uses to vehicle sales and service and the outcome of a future development review application process with the City of Woodburn. Overview of the Application Section 2 of the application demonstrates how the proposed removal of the Condition HA for the subject site complies with the requirements of the City of Woodburn's Development Ordinance. City staff indicated in a January 30, 2011 email and affirmed in a February 1, 2012 meeting with the applicant, that modifying conditions of approval requires a Zoning Map Amendment, pursuant to WDO 4.102.07 Modification of Conditions. Modification of Conditions Application Pointe at Woodbum Page 3 October 2012 19 Figure 1: Location Map subject she N oar limas Ilm Peaks IV streams Prcpamdby Angelo Plan.. GmW Febumry21. 2012 i — 1 111 � � � f i t �� II :OO ®1:+a N �— — _- _= s'SLVSWSti Bye' Modification of Conditions Application Pointe at Woodburn Page 4 March 2012 20 Section 2: Findings of Conformance with Approval Criteria This section of the application contains responses that demonstrate how this Modification of Conditions application conforms to the applicable standards and regulations of the City of Woodburn's Development Ordinance as identified through correspondence and meetings with the Economic and Development Services Director, as well as a review of applicable development code requirements. Only code text that contains applicable approval criteria or otherwise requires a response related to the requested land use actions has been included. 4.1 Administration and Procedures 4.102 Review, Interpretation and Enforcement 4.102.07 Modification of Conditions Any request to modify a condition of approval is to be considered pursuant to the procedure and the standards and criteria applicable to a new application of the type of permit or zone change that is proposed to be amended, except that the modification of a condition limiting the use of property may only be considered as a Type IV Official Zoning Map Change application. Response: The request is to modify a condition placed on the parcel in 1995 when it was zoned to Commercial Retail (CR). The restriction limits new commercial retail uses on the property to vehicle and vehicular related type sales and service. Because this is a request to modify a condition that limits the use of the property, the request will be considered by the City under the requirements of a Type IV Official Zoning Map Change. 5.1 Application Requirements 5.104 Type IV (Quasi - Judicial) Decisions and Application Requirements 5.104 General Requirements A. The purpose of this section is to identify what types of actions are considered Type IV decisions. Type IV decisions involve the greatest amount of discretion and require evaluation of approval standards. These decisions are heard by the Planning Commission and City Council. The process for these land use decisions is controlled by ORS 197.763. Notice of the land use application and public hearing is published and mailed to the applicant, recognized neighborhood associations and property owners. The City Council decision is the City's final decision and is appealable to the Land Use Board of Appeals. B. To initiate consideration of a Type IV decision, a complete city application, accompanying information, and filing fee must be submitted to the Director. The Director will evaluate the application as outlined in this section. 5.104.01 Annexation 5.104.02 Comprehensive Plan Map Change, Owner Initiated 5.104.03 Formal Interpretation of the Woodburn Development Ordinance 5.104.04 Official Zoning Map Change, Owner Initiated Modification of Conditions Application Pointe at Woodburn Page 1 October 2012 21 Response: This proposal is an owner- initiated request to modify a condition that limits the use of the subject property; the City will evaluate the application as outlined in WDO Section 5.104.04. 5.104.04 Official Zoning Map Change, Owner Initiated A. Purpose: The purpose of an Owner Initiated Official Zoning Map Change is to provide a procedure to change the Official Zoning Map, in a manner consistent with the Woodburn Comprehensive Plan. Response: This application is a request to modify Condition HA. The City of Woodburn Comprehensive Plan map designates this property as Commercial. The proposal, which would retain the existing General Commercial zoning, is consistent with the Comprehensive Plan. The site is within one of five established commercial areas described in the Comprehensive Plan. Of particular relevance to this application, Comprehensive Plan policy F -1.8 reads as follows: F -1.8 Fnsure that existing commercial sites are used efficiently. Consider the potential for redevelopment of existing commercial sites and modifications to zoning regulations that intensify development to attract new investment. 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. Response: The existing use limitation is impeding the use of the subject property for any type of viable retail business. The original decision to zone the property CR, with the use restriction, was supported by findings that identified the location and the size of the site as ideal for automotive sales The applicant was a long time Woodburn business owner who sought to improve the location of his existing Woodburn business. The automotive industry has dramatically changed since the mid- 1990's. The current recession and economic downturn has driven consolidation in the industry with larger dealer groups taking over in markets where small dealerships used to find niche opportunities. In addition, the auto dealership market is rapidly shifting from traditional single- branded dealers to Mega Auto Malls offering multiple brands in one location. These multi -brand dealers facilitate efficiencies such as consolidated administration, skillful capital management, efficient inventory management and service operations — economies of scale that drive down margins and disadvantage single brand dealers. In part because of this trend, traditional single brand dealers at an isolated location will be limited, if any, in the future. In addition, in order to have an auto dealership, manufacturers must have what the industry calls an "open point." An open point is a location or territory in which manufacturers desire to open a dealership. There are currently no open points for any auto brand for Woodburn, and it is highly unlikely that there ever will be due to larger dealer groups expanding in the Salem /Keizer and Wilsonville corridor. Finally, buyers now have the ability to shop inventory and price vehicles electronically, through the internet. With increasing availability of various research tools, consumers continue to be closer to a purchase decision before they walk into the dealership showroom. Used cars have become a commodity and new cars, with accelerated production times, will Modification of Conditions Application Pointe at Woodburn Page 2 October 2012 22 be more and more frequently special ordered to a buyer's specifications. These trends eliminate the need for duplicate suburban brand dealers in close proximity to each other. All of these factors limit the possibility that this site will be attractive for car sales and unsuccessful efforts to market the site to potential automotive dealers bear this out. Condition HA of the 1995 ordinance rezoning the subject property limits the use to "vehicle and vehicular related type sales and service." While there is no use category in the CG zone today that directly corresponds to vehicle and vehicular related type uses, the Economic and Development Services Director indicated that the following limited list of CG uses are permitted outright on the subject parcel. (Note that the category headings and numbering are consistent with the WDO use table.) This is a very limited set of uses. As proposed by the applicant, the removal of the condition that limits the use of the property to vehicle and vehicular related type sales and service will not amend the underlying zoning. Approval of this will allow the site to accommodate the full range of retail uses permitted by the existing CG zoning, pursuant to WDO Chapter 2.106 Commercial General (CG). As documented in the City's periodic review buildable lands inventory analysis, the City is expected to have a commercial lands deficit - if not for current policy that encourages commercial development and redevelopment on land already designated for such commercial purposes within the UGB. The City Council, as a measure to increase land use efficiency, "assumed that most future commercial and government employment will occur on existing commercial lands through intensification and redevelopment (p. 23, 2005 Woodburn UGB Justification Report)." Removing the use restriction on the subject property will be consistent with these assumptions and policies and will allow the parcel to accommodate commercial retail uses that better respond to existing market conditions, reflect a changed Modification of Conditions Application Pointe at Woodburn Page 3 October 2012 23 commercial climate in the area. Removing the existing use restriction will allow the property to redevelop more efficiently and effectively than the current restriction will allow. 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. Response: Because this request to remove the use restriction condition will not amend the underlying zoning, approval will not alter the City's inventory of existing CG zoned land. The subject property is ideally suited for retail uses that benefit from visibility and easy access from 1 -5 and that are complementary to existing commercial uses in the vicinity. Specifically, the property is strategically located at the main entrance to one of the most successful outlet centers on the West Coast, the Woodburn Company Stores. Nearly every customer coming to shop at the Woodburn Company Stores drives directly by this property as they exit 1 -5 and Hwy 219. As noted previously, vehicle sales and service uses have been explored. There has not been any viable interest in the use of the site for vehicular - related uses and it remains vacant. The existing use restriction is impeding the efficient redevelopment of the property for general commercial uses, consistent with the underlying CG zoning and consistent with the zoning that benefits by other properties in the vicinity with a similar orientation to 1 -5. There is a limited amount of CG zoned land in Woodburn with attributes similar to the subject parcel, which is approximately 5 acres with good access to 1 -5. Most of the vacant CG land in the city is further away from and less directly accessible from 1 -5. In addition, the majority of these other sites do not benefit from the efficiency of the existing traffic that already passes by the subject site. The one exception is the vacant CG site just south of the subject property. However, this property is bisected by an existing road and would be more difficult to develop as efficiently as the subject property. In addition, it should be noted that there are a number of other larger vacant parcels in the vicinity of the interchange that could accommodate a variety of vehicle sales and service uses should the demand ever materialize in the future. Given their larger size and proximity to each other, they would be more suitable to this type of use than the subject property, given the auto sales trends described in this narrative in response to the first approval criteria. Figure 2 shows vacant parcels zoned CG in the vicinity of the Woodburn 1 -5 interchange. 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 be accomplished by one of the following: a. Limiting allowed land uses to be consistent with the planned function of the transportation facility, or b. 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 to reduce demand for automobile travel and meet travel needs through other modes of transportation. Modification of Conditions Application Pointe at Woodburn Page 4 October 2012 24 Figure 2: Inventory of Vacant Land in the Vicinity of the Subject Site Modification of Conditions Application Page 5 Pointe at Woodburn March 2012 25 Response: The City has undertaken or participated in several key long -range planning processes since the subject parcel was zoned CG, including a TSP update (2005) and TSP amendments related to the Woodburn IAMP adoption (2006). This parcel was already developed consistent with CG- permitted uses when these transportation plans were developed. While the City considers requests for a modification of conditions under the Type IV Official Zoning Map Change approval criteria, this request to remove a use restriction does not modify the underlying CG zoning. The action to approve this request is therefore consistent with the City's Comprehensive Plan. As noted before, the City's TSP also assumed commercial uses on the subject parcel, as it was already developed. However, the type and amount of commercial uses assumed for this property during the TSP planning process is not known. One could argue that this application is not subject to the Transportation Planning Rule (TPR) 660 - 012 - 0060(9) because it could be construed to be consistent with the comprehensive plan map designation and with the TSP and therefore can be considered as having no "significant effect" on the transportation system. As noted previously, the proposal also would not change the underlying zoning designation. However, because the previous condition (H.1) allows for a very limited range of land uses, we have estimated the effects of the proposed application on traffic generation and the resulting potential impacts on the surrounding transportation system to ensure that allowing for a broader range of commercial uses would not have a "significant effect" on the transportation system, as defined by the TPR. As noted previously in this narrative, the Ensign property is within the existing Woodburn Interchange Area Management Plan (TAMP) which has been adopted as part of the City's Transportation System Plan (TSP). The proposed removal of the auto - oriented overlay zone will result in the potential for increased automobile trips which were not specifically studied as part of the underlying IAMP. Given that there is a planned and funded improvement project for the adjacent interchange and roadway network, an analysis has been prepared to demonstrate that these improvements can accommodate the removal of the use restriction. Kittelson & Associates, Inc., (KAI) a transportation planning and engineering firm located in Portland, Oregon prepared this analysis, which is described in greater detail in Exhibit B. Diego Arguea, a licensed professional engineer in the state of Oregon conducted the analysis for KAI. The Oregon Department of Transportation (ODOT) is planning to reconstruct the existing I- 5/OR 214 interchange. This reconstruction project will incorporate a variety of improvements to enhance operations of the interchange, reduce potential traffic congestion on Interstate 5 and improve traffic mobility on other streets and intersections surrounding the interchange. The improvement of the interchange is being funded, in part, by Oregon's Jobs and Transportation Act (JTA) and is scheduled for completion in 2015, making this a "planned and funded" improvement. The TPR requires evaluation of the forecast transportation system operations in the TSP horizon year or a minimum of 15 years from the proposal, both with and without the proposed overlay removal. The analysis years included in the TSP and IAMP are less than the 15 -year minimum horizon year requirement within the TPR so the analyses conducted for this application focus on 2027 forecast conditions. The analyses were performed in accordance with the procedures stated in the 2000 Highway Capacity Manual (Reference 3) and ODOT's Analysis and Procedures Manual (APM). Modification of Conditions Application Pointe at Woodburn Page 6 October 2012 26 Staff at KAI developed two "worst case" traffic scenarios for comparison purposes. One scenario assumes that Condition H.1 remains in place and another assumes that the condition is removed and a broader set of retail uses is allowed on the site. In the first scenario, a mix of auto - oriented businesses was assumed, including an automobile parts shop, a gasoline /service station and a quick lubrication shop. In the second scenario, land uses on the site include a small shopping center, a drive -in bank and a fast food restaurant with a drive - through. In both cases, a certain amount of traffic using the site is assumed to be generated from "pass -by" trips, i.e., people who are already visiting the area (e.g., to access the Woodburn Company Stores or other nearby destinations). In each case, the scenarios represent "reasonable worst case' land use scenarios in terms of the intensity of land uses and the amount of auto traffic they would generate. Based on these assumptions the scenario representing the removal of Condition H.1 resulted in a higher number of trips. However, in both cases, all intersections within the IAMP study area were forecasted to operate within OHP mobility standards (see Exhibit B for a detailed summary of the assumptions and results of the analysis). Based on this analysis, the proposed removal of the Condition HA will not significantly affect the transportation system, and the applicable provisions of the TPR can be met. Findings associated with specific provisions of the TPR (shown in italics) include the following: OAR 660- 012 -0060 (1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this rule. Response: The transportation impacts of the proposed zoning modification are not forecast to significantly affect the planned interchange improvements and transportation facilities. (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan); Response: No change to the functional classification or planned transportation facility is proposed. (b) Change standards implementing a functional classification system; or Response: No change to the standards of the functional classification system is proposed. (c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based on projected conditions measured at the end of the planning period identified in the adopted TSP. As part of evaluating projected conditions, the amount of traffic projected to be generated within the area of the amendment may be reduced if the amendment includes an enforceable, ongoing requirement that would demonstrably limit traffic generation, including, but not limited to, transportation demand management. This reduction may diminish or completely eliminate the significant effect of the amendment. Modification of Conditions Application Page 7 Pointe at Woodburn October 2012 `A (A) Types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; Response: All types and levels of travel and access are consistent with the functional classification of the planned transportation facility. (8) Degrade the performance of an existing or planned transportation facifity such that it would not meet the performance standards identified in the TSP or comprehensive plan; or Response: The transportation impacts of the proposed zoning modification are not forecast to degrade the performance of the planned transportation facility such that it would not meet the performance standards identified in the TSP or comprehensive plan. (C) Degrade the performance of an existing or planned transportation facility that is otherwise projected to not meet the performance standards identified in the TSP or comprehensive plan. Response: The transportation impacts of the proposed zoning modification are not forecast to degrade the performance of the planned transportation facility that is otherwise projected to meet the performance standards identified in the TSP or comprehensive plan. This analysis demonstrates compliance with criterion 3.b. As a result, it is not necessary to comply with criteria 3.a or 3.c Modification of Conditions Application Pointe at Woodburn Page 8 October 2012 qJ 6.1 Appendices 6.101 Description of Application Exhibits 6.101.01 General Requirements. A. Exhibit Standards for Type 11, 111 and IV Permit Applications. This Section describes the exhibit specifications for Type 11, 111 or IV permit applications. Type I application requirements are described in the WDO. S. Additional Information. Prior to deeming an application complete, the Community Development Director may request additional information. Response: The Community Development Director has requested additional information pertaining to availability of land zoned CG that can accommodate vehicle and vehicular related type sales and service. The vacant area zoned CG on the east side of Interstate 5, adjacent to Stacy Allison Way could accommodate these types of uses, particularly given the combined size of the vacant parcels in this area. This information is shown graphically in Figure 2. C. City Application Form and Application Fees. A complete City application form and applicable jurisdictional fees are necessary for a complete application. Both items shall be present prior to deeming an application complete. Response: This narrative accompanies a completed Uniform Application form and has been submitted with the fees required of a Modification of Conditions application ($100 + '/z the original application fee). D. Copies of the Application and Exhibits. 1. Unless otherwise indicated in writing by the Community Development Director, the number of copies of the application and exhibits specified in this Section is required to deem an application complete. 2. The Director may require subsequent submittal of additional copies of applications materials for an application that is called for review or appeal. 3. An exhibit may be submitted at a scale other than the scale specified in this Section when indicated in writing by the Director. Response: Pursuant to the Economic and Development Services Director's instructions, the applicant has provided four copies of the application. 6.101.02 Types of Exhibits 1. Uniform Application. [One copy each] Applications shall be submitted on City forms. Modification of Conditions Application Pointe at Woodburn Page 9 October 2012 29 Response: An application form is attached and a fee in the amount of $1,637 has been provided. 2. Site Plan [Six paper copies, plus one electronic copy in PDF format.] If necessary for clarity, the information may be shown on two or more plans, such as streets and utilities plan, grading plan, or other. Response: A series of site plan maps has been included with this application as Exhibit F. Six (6) paper copies and one electronic copy (PDF format) of the Site Plan maps have been submitted with this application. a. Scale: 1"= 50' or smaller. The Director may specify a different scale to ensure readability. b. Image Area: 50' from the perimeter of the subject property and abutting rights -of -way. Response: Exhibit F.1: Site Plan Overview shows the site at 1" = 50'. Exhibits F2 through F.7 are at 1" = 100', and show the site at a readable scale with adequate context, extending over 50' from the perimeter of the subject property and abutting rights -of -way. c. Tax lots in subject property, with tax lot number. Response: Tax lots and tax lot numbers are shown on Exhibits F.1 and F.2. d. Property lines Response: Property lines are shown on Exhibits F.1 and F.2. e. Streets and easements: i. Public rights -of -way, with street names. Response: Public rights -of -way with street names are shown on Exhibits F.1 and F.2. fl. Public and private easements. Response: Public and private easements are shown on Exhibit F.3. N. Pedestrian and bike facilities. Response: Pedestrian and bike facilities are shown on Exhibits F.8 and F.9. iv. Street trees. Response: Trees on and surrounding the subject property are shown on Exhibit F.4. F Utilities. i. Waterlines (noting size) and fire hydrants. Response: Water lines and fire hydrants are shown on Exhibit F.5. ii. Sanitary sewer lines (noting size), manholes, cleanouts, and lift stations. Modification of Conditions Application Pointe at Woodburn Page 10 October 2012 30 Response: Sanitary sewer lines and facilities are shown on Exhibit F.6. iii. Storm drain lines (noting size), catch basins, ditches, culverts, and detention facilities. Response: Stormwater facilities are shown on Exhibit F.7. iv. Street lights. Response: Streetlights are shown on Exhibit F.4. g. Contour lines, existing and proposed, V interval. The Director may waive this requirement if the site is essentially flat and no significant grading is proposed. Response: The subject property is essentially flat and no grading is proposed as part of this application; therefore contour lines have not been shown for the subject site. h. Natural features: i. 100 year ffoodplafn. (FEMAJ Response: There is no 100 year floodplain in the vicinity of the subject property ii. Wetlands shown on the Woodbum Wetlands Inventory that are within or abut the subject property require a wetlands delineation prepared by the applicant, at the time of application. Response: There are no wetlands identified in the Woodburn Wetlands Inventory on the subject property; however mapped wetlands in the vicinity of the property are shown on Exhibits F.1 and F.2. iii. Top of bank of streams. Response: Mapped streams are shown on Exhibits F.1 and F.2; however the nearest stream is culverted in the vicinity of the subject property. iv. Riparian Corridor and Wetlands Overlay District ( RCWOD) boundaries. Response: Mapped wetlands in the vicinity of the property are shown on Exhibits F.1 and F.2; the RCWOD does not extend to the subject property. i. Use, building footprint and location of all existing structures on the subject property. Response: The building footprint of all existing structures on the subject property is shown on Exhibits F.1 and F.2; the existing use of the structure is described in the narrative in Section 2. j. Setbacks. Response: Setbacks on the subject property are shown on Exhibits F.1 and F.2. 3. Narrative demonstrating compliance with the criteria of the Woodburn Development Ordinance. [ One paper copy plus one electronic copy in Microsoft Word format] Modification of Conditions Application Pointe at Woodburn rage i i October 2012 31 A written narrative by the applicant, making findings of compliance regarding the applicable approval criteria must be submitted for each land use action requested. Zoning district regulations of the relevant zone must be addressed. Response: One complete set of findings of conformance with the approval criteria can be found under Section 2 of this application. 4. Latest recorded deed(s) for the subject property, or the recorded sales contract. [One copy each] A current copy of the recorded deed(s) for the subject property, or the recorded sales contract, including an accurate legal description of the subject property. Response: One copy of the deed to the subject property is included in this application as Exhibit C. 5. Notification area map and mailing labels. a. A map with the notification area, depicting a line 250 feet equi- distant from all boundaries of the subject property. [One copy] b. Self adhesive labels for each property within the notification area, showing the owner's name, the tax lot number of the ownership and the owne ✓s mailing address. [Two copies] c. An affidavit by the preparer of the notification list, that the address labels reflect the ownership and address data as contained in the current property tax rolls. [One copy] Response: One copy of the original prints of the current County Tax Assessor's map for the subject property, showing a notification area of 250 feet from all boundaries, is included in this application as Exhibit D. The applicant has submitted to the City of Woodburn two (2) sets of self- adhesive labels for each property within the notification area with this application. Attached as Exhibit E to this application is certification that the address labels reflect the ownership and address data currently on file with the County Tax Assessors Office. 6. Filing Fee. Response: This application is accompanied by the requisite application filing fee or $1,637. Per communication with the Director, the filing fee for a modification of conditions is one -half the original filing fee ($3,074), plus $100. This is equivalent to $1,537 + $100 = $1,637. 7. Additional Information. Prior to deeming the application complete, the Director may request additional information. Response: During previous communications with the Director, it was indicated that a traffic study would need to be conducted to ensure compliance with provisions of the Oregon Transportation Planning Rule. A transportation analysis prepared by Kittelson & Associates, Inc. is included in Exhibit B. Additional information may be provided at the direction of the Director. Modification of Conditions Application Pointe at Woodburn Page 12 October 2012 32 EXHIBIT B �� KITTELSON & ASSOCIATES, INC. T R A N S P O R T A T I O N E N G I N E E R I N G / P L A N N I N G 810 SW Alder Street, Suite 700, Portland, OR 97205 �' 503.228.5230 603.273.8189 Yw September 27, 2012 . Project #: 12399.0 Jim Hendryx Woodburn Economic & Development Services 270 Montgomery Street Woodburn, Oregon 97071 -4730 RE: Transportation Planning Rule Compliance for the Proposed Auto Overlay Zone Restriction Removal for Tax Lot 6600 — Woodburn, Oregon Dear Jim, Kittelson & Associates, Inc. (KAI) has prepared this letter summarizing the compliance of the proposed removal of the auto - related land use zoning restriction on tax lot #6600 with the requirements of the Transportation Planning Rule (TPR) analysis. Tax Lot #6600 is located in the northwest quadrant of the Arney Road /Highway 214 intersection in Woodburn, Oregon. As discussed in this letter, the funded improvements associated with the upcoming Highway 214/1 -5 Interchange Project can support the proposed unrestricted commercial zone within and beyond the horizon years of Woodburn Interchange Area Management Plan (TAMP) and the Transportation System Plan (TSP). Details of the TPR analysis and results are documented herein. BACKGROUND This letter report addresses the transportation issues related to the Ensign Property (Tax Lot 6600) in Woodburn, Oregon. The subject site is approximately 5.04 acres and is located west of the 1 -5 /Highway 214 interchange and is bordered by Woodland Avenue to the west, Robin Avenue to the north, Arney Road to the east, and Highway 219 to the south. The site was previously occupied by a Chevrolet vehicle dealership and has also operated as an Enterprise Rent -a -Car. Currently, the building on -site (approximately 30,000 square feet) is not occupied. The site is located in proximity to the Woodburn Company Stores and the associated retail uses as well as adjacent to a single family neighborhood to the west. A site vicinity map is shown in Figure 1. The site is currently zoned General Commercial (CG) with an overlay zone that limits the commercial development opportunities to land uses that are primarily auto - oriented. The overlay zone limitation and the site's inclusion in the Woodburn Interchange Area Management Plan (IAMP) dictate the need for the provided TPR analysis to support the removal of the overlay zone. FILENAME. H.•IPRWHZEI - WOODBURN ENSIGN GROPE RTYIREPORTIFINALIWOODBURNENSIGN PROPERTY TPR REPORT DOIX Exhibit "B" 33 Woodbum Commemial • - STUDY INTERSECTIONS OF KITTELSON & ASSOCIATES, INC. ,p` TRANSPORTATION ENGWEERWG /PLANNING SITE VICINITY MAP WOODBURN, OREGON 2012 N 34 Woodburn Commercial property: Zoning overlay Removal September 27, 2012 Project #:12399.0 Page: 3 TRANSPORTATION PLANNING RULE The TPR institutes criteria under which the transportation impacts of a post - acknowledgement plan amendment and zoning map amendment must be evaluated (Reference 1). OAR 660 -012 - 0060(1) states: (1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this rule. (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan); (b) Change standards implementing a functional classification system; or (c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based on projected conditions measured at the end of the planning period identified in the adopted TSP. As part of evaluating projected conditions, the amount of traffic projected to be generated within the area of the amendment may be reduced if the amendment includes an enforceable, ongoing requirement that would demonstrably limit traffic generation, including, but not limited to, transportation demand management. This reduction may diminish or completely eliminate the significant effect of the amendment. (A) Types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; (B) Degrade the performance of an existing or planned transportation facility such that it would not meet the performance standards identified in the TSP or comprehensive plan; or (C) Degrade the performance of an existing or planned transportation facility that is otherwise projected to not meet the performance standards identified in the TSP or comprehensive plan. The Ensign property is within the existing Woodburn Interchange Area Management Plan (IAMP) which has been adopted as part of the City's Transportation System Plan (TSP). The proposed removal of the auto - oriented overlay zone will result in the potential for increased automobile trips which were not specifically studied as part of the underlying [AMP. Given that there is a planned and funded improvement project for the adjacent interchange and roadway network, a TPR analysis has been prepared to demonstrate that these improvements can accommodate the removal of the overlay zone. Kitte/son & A Miate$, Inc. Portland, Oregon 35 Woodburn Commercial Property. Zoning Overlay Hemo.1 Project a: 12399.0 September27, 2011 Page: 4 WOODBURN INTERCHANGE IMPROVEMENTS The Oregon Department of Transportation (ODOT) is planning to reconstruct the existing 1-5/011214 interchange. This reconstruction project will generally include the following key elements: • Reconstruct the interchange to a partial cloverleaf with loop ramps; • Lengthen the ramps to meet current design standards; • Widen the existing over - crossing structure (bridge) to the north; • Raise the profile of the bridge approaches in order to improve sight lines; • Widen Oregon 214 and 219 equally or northerly of the existing centerline • Provide new 6 -foot sidewalks with an additional 6 foot -wide landscaped buffer between the sidewalk and the curb; • Provide one bicycle lane in each direction along Oregon 214 and 219; • Add a raised median to control turning movements; • Modify access for local city streets at Oregon Way, Evergreen Road and Lawson Avenue; • Construct a Transit Facility (Park & Ride) and extend Evergreen Road north of Oregon 214 for neighborhood access to the public transit lines listed above. Figure 2 below graphically illustrates the extent of the interchange improvements and Figure 3 shows the planned lane configurations and traffic control devices. Kittelson & Associates, Inc. Portland, Oregon 36 Figure 2 Woodburn Interchange Project Improvements (Reference 2) Woodbum Commercial Removal O (NO SCALE) E w� 0 N N N HWY 219 / WOODLAND AVE HWY 219 / ARNEY ROAD HWY 2191 HWY 214/ HWY 2141 1-5 SB RAMP 1 -5 NB RAMP EVERGREEN ROAD J rAl, '4 L --A T -► - EXISTING LANE CONFIGURATIONS - PLANNED LANE CONFIGURATIONS : - STOP SIGN - TRAFFIC SIGNAL ,i KITTELSON & ASSOCIATES, INC. MIN TRANSPORTATION ENGINEERING /PLANNING 37 PLANNED AND FUNDED LANE CONFIGURATIONS AND TRAFFIC CONTROL DEVICES WOODBURN, OREGON Woodburn Commercial Property, Zoning Overlay Removal Project N: 11399.0 September 27, 2012 Page. 6 The improvement of the interchange is being funded, in part, by Oregon's Jobs and Transportation Act (JTA) and is scheduled for completion in 2015. For the purposes of the TPR analysis, it is appropriate to include these improvements in the evaluation of the proposed removal of the zoning overlay on the Ensign property. TPR ANALYSIS REQUIREMENTS The TPR requires evaluation of the forecast transportation system operations in the TSP horizon year or a minimum of 15 years from the proposal, both with and without the proposed overlay removal. The analysis years included in the TSP and [AMP are less than the 15 -year minimum horizon year requirement within the TPR so the analyses contained in this letter focus on 2027 forecast conditions. A discussion of the methodology, assumptions and findings of year 2027 conditions is provided below. TRAFFIC OPERATIONS All level -of- service analyses described in this report were performed in accordance with the procedures stated in the 2000 Highway Capacity Manual (Reference 3) and ODOT's Analysis and Procedures Manual (APM). All intersection evaluations used the peak 15- minute flow rate during the weekday p.m. peak hour. Using the peak 15- minute flow rate ensures that this analysis is based on a reasonable worst -case scenario. For this reason, the analysis reflects conditions that are only likely to occur for 15 minutes out of each average peak hour. The transportation system will likely operate under conditions better than those described in this report during other time periods. Per the 1999 Oregon Highway Plan (OHP) classification maps, Highway 214/219 is classified as a District Highway and 1 -5 is classified as an Interstate Highway. As such, the mobility standards for each of these facilities are summarized in Table 1 below. Kittelson & Associates, Inc. Portland, Oregon 38 Table 1 Oregon Highway Plan Mobility Standards wmdbarn Commercial Property: Zoning Overlay Removal September 27, 1012 FORECAST TRAFFIC VOLUMES Project #:12399.0 Page: 7 Forecast Methodology Year 2027 traffic volumes were developed from the 2020 traffic volumes documented in the Woodburn Transportation System Plan (TSP) (Reference 4). The 2020 TSP volumes were increased by an annual percentage based on Future Volume Tables data' for specific segments of roadways in the vicinity of the Ensign Property along Highway 214/219. The data is summarized in Table 2 below. Table 2 TPAU Future Volume Forecasts 0.1 Mile West of l -S Annual 0.01 Mile East of 1-5 Annual 0.3 Mile 50uth of UK 415 nnnuai Growth Growth Growth Highway 2010 2030 Rate 2010 2030 Rate 2008 2030 Rate r rr I- rt ®I As shown in the table above, the average annual growth rate along Highway 219 is forecast to be approximately 0.8 percent annually to the west of 1 -5 and 0.3 percent annually to the east of 1 -5. To provide a conservative forecast of traffic volumes along Highway 219, the analysis herein assumes a one percent annual growth rate from the 2020 TSP volumes to arrive at the forecast 2027 volumes. The 1020 TSP volumes and the 2027 forecast volumes are shown in Attachment 'A." TRIP GENERATION Existing Zoning Our review of the Woodburn TAMP indicates that the Ensign Property is accounted for as a commercially zoned site with an auto - oriented land use restriction according to the provisions of the overlay zone. For the purposes of the TPR analysis, we developed a reasonable "worst -case' trip generation based on the existing zoning with the auto - oriented overlay restriction. The land use assumptions used to determine the trip potential are summarized in Table 3 below. Per conversation with city staff, the intent of the existing overlay restriction is to allow only auto sales on the property. The overlay language in the zoning code could be interpreted more broadly to allow for the uses shown in Table 3. Data provided by the Oregon Transportation Planning and Analysis Unit (TPAU). Klttelson & Associates, Inc. Portland, Oregon 39 Woodburn Commercial Property: Zoning Overlay Removal September27, 2012 Project r/: 12399.0 Page: 8 Table 3 Reasonable "Worst -Case" Trip Generation — Existing Zoning and Auto Overlay Restriction Land Use ITECade Size DailyTrips Weekday Total PM Peak In Hour Out Automobile Parts Sales 9,000 555 ss 25 30 '--'----"---.._. _...-------.__......_.----._... Puss -0y s(43 %Dally, 43 %PMj --- -' 843 (square feed _— (240) — — (20j (10) (10) _ Gasoline /Service Station 8 1,350 110 55 55 _...___..—.—....__.._..- .._._...- --- — ......._------ Pass -b Trr s (58 %Dal ,43 %PM Y p N ) _.. (fuel stations( --- -_ (]80) - - -- (50) — (25) -- - ----- (25) Quick Lubrication Vehicle Stop 941 3 120 15 10 5 Total Trips (50) 2,025 180 90 90 Total Poss -by Trips 50 (1,020) (70) (35) (35) Total Net Trips 1 110 55 55 Proposed Zoning without the Overlay Restrictions The owners of the Ensign Property would like to add flexibility for future redevelopment of the property to enable land uses that are not allowed within the existing overlay restrictions. To support the proposed removal of the overlay, the remainder of this report provides an analysis of the impact of a reasonable "worst- case" development scenario for the commercial zone. Similar to the existing zoning trip generation, a reasonable "worst -case" trip generation was estimated for the property based on the commercial zoning without consideration of the auto - oriented overlay restriction. The land use assumptions used to determine the trip potential are summarized in Table 4 below. Table 4 Reasonable "Worst- Case" Trip Generation —Proposed Zoning without Auto Overlay Restriction As shown in Table 4, the commercial zoning without the auto - oriented overlay restriction would allow for general retail, fast food and a bank. A potential site development scenario for this concept is shown in Figure 4 for illustrative purposes. This development mix is estimated to generate approximately Kitteison & Associates, Inc. Portland, Oregon 40 Weekday PM Peak Hour Size Land Use STE Code (square feet) Daily Trips Total In Out Shopping Center 4,065 375 185 190 __._...._._____.___........___.... ._.._.._.........._...___._.... 820 45,400 ___..___._......__...._.._ .. .....------------- .__.__ Poss -by Trips(34 %Daily, 34 %PMJ (1,380) (130) (65) (65) Drive -in Bank 595 105 55 5o —__...__—__ .__...._...__..— _........... —.. 912 4,000 Pass- byTrips(47 %DOily,47 %PMJ (280) (50) (25) (25) Fast -food Restaurant with Drive- through 1,490 100 50 So .__._..__._.__._.._.._ _— __._.._....._...._.........__ 934 3,000 Pass- by Trips /49 %Dally, 50 %PM) (730) (50) (25) (25) Total Trips 6,150 580 290 290 Total Pats -by Trips (2,390) (230) (I15) (315) Total Net Trips 3,760 350 1 175 1 175 As shown in Table 4, the commercial zoning without the auto - oriented overlay restriction would allow for general retail, fast food and a bank. A potential site development scenario for this concept is shown in Figure 4 for illustrative purposes. This development mix is estimated to generate approximately Kitteison & Associates, Inc. Portland, Oregon 40 Woodburn Commercial Property: Z oning Overlay Removal PROVIDED FOR CONCEPTUAL PURPOSES ONLY POTENTIAL SITE DEV UNRESTRICTED K KrrTELSON & ASSOCIATES, INC. TRANSPORTATION ENGINEERMI/ NNNG 7w] 41 Woodburn Commercial Property: Zoning Overlay Removal ProJert M 12399.0 September 27,1012 Page: 10 3,760 daily trips and 350 trips during the weekday p.m. peak hour (290 trips in, 290 trips out). The TPR analysis provided in the following section analyzes the impact of the added trips from existing restricted commercial zoning (Table 3) and the proposed unrestricted commercial zoning (Table 4). YEAR 2027 TPR ANALYSIS Current Commercial Zoning with Auto Overlay Restriction The reasonable "worst- case" trip generation and distribution for the existing zoning with the auto - restricted overlay is summarized in Figure 5. The 2027 traffic operations analysis for the current auto - overlay restricted commercial zoning is shown in Figure 6. As shown, all intersections within the IAMP study area are forecast to operate within OHP mobility standards. The traffic operations worksheets for the 2027 total traffic conditions with the current commercial zoning overlay restriction are shown in Attachment V." Proposed Commercial Zoning without Auto Overlay Restriction The reasonable "worst- case" trip generation and distribution for the existing zoning with the auto - restriction removed is summarized in Figure 9. The 2027 total traffic operations analysis for the unrestricted commercial zoning is shown in Figure 10. As shown, all intersections within the TAMP study area are forecast to operate acceptably. Based on this analysis, the proposed removal of the zoning overlay is not forecast to significantly affect the transportation system, and the applicable provisions of the TPR can be met. The traffic operations worksheets for the 2027 total traffic conditions with the unrestricted commercial zoning are shown in Attachment "C." Kittelson & Associates, Inc. Portland, Oregon 42 Woodbum Commercial Removal HWY2191 HWY 219/ ARNEY ROAD 1 -5 SSB RAMP LESSPASS -BY (70) O NET NEW PM TRIPS 110 K HWY 2191 WOODLAND AVE tl y z0� r 40 --► 1-5 I\ �5 " "REPRESENTS U -T RNS EXISTING ZONING, AUTO OVERLAY RESTRICTION TOTAL IN OUT PM PEAK HOUR TRIPS 180 90 90 LESSPASS -BY (70) (35) (35) NET NEW PM TRIPS 110 55 55 ]0 65 -► i -S 45 f 45 20 HWY 2141 O 1 -5 NB RAMP 4 ao—�• �an 2a NOTE: NEGATIVE NUMBERS INDICATE PASS -BY TRIPS ADDED � WITH AUTO OV Imber2012 O (NO SCALE) HWY 214 / EVERGREEN ROAD - EXISTING COMMEM MON, WEEKDAY PM I% KITTELSON & ASSOCIATES, INC. � 4 TRANSPORTATION ENGINEERING I PLANNJG 43 Woodbum Removal O (NO SCALE) g 'c N N 0 N HWY 219/ HWY 219/ O ARNEY ROAD O 1-5 SB RAMP m nU iS��875 Lose k-540 755— Oek21.1 1--715 545, vfc-0w CM =CRITICAL MOVEMENT (UNSIGNALIZED) LOS = INTERSECTION LEVEL OF SERVICE (SIGNALIZEDyCRITICAL MOVEMENT LEVEL OF SERVICE (UNSIGNALIZED) Del = INTERSECTION AVERAGE CONTROL DELAY g ( SIGNALIZED ) /CRITICAL MOVEMENT CONTROL DELAY (UNSIGNALIZED) = V/C =C VOLUME -TO- CAPACITY RATIO V KITTELSON & ASSOCIATES, INC. ,p` TRANSPORTATION ENGINEERING/ PLANNNG HWY 214 / 1 -5 NB RAMP LOSS k - 455 1W5— Del-21.7 1-885 MN VIC458 HWY 214/ EVERGREEN ROAD 5 / S 0► � 2027 TOTAL TRAFFIC CONDITIONS - EXISTING COMMERCIAL ZONING WITH AUTO OVERLAY RESTRICTION, WEEKDAY PM PEAK HOUR 44 HWY 219 / O WOODLAND AVE 7 rDLel�0.8 HWY 219/ HWY 219/ O ARNEY ROAD O 1-5 SB RAMP m nU iS��875 Lose k-540 755— Oek21.1 1--715 545, vfc-0w CM =CRITICAL MOVEMENT (UNSIGNALIZED) LOS = INTERSECTION LEVEL OF SERVICE (SIGNALIZEDyCRITICAL MOVEMENT LEVEL OF SERVICE (UNSIGNALIZED) Del = INTERSECTION AVERAGE CONTROL DELAY g ( SIGNALIZED ) /CRITICAL MOVEMENT CONTROL DELAY (UNSIGNALIZED) = V/C =C VOLUME -TO- CAPACITY RATIO V KITTELSON & ASSOCIATES, INC. ,p` TRANSPORTATION ENGINEERING/ PLANNNG HWY 214 / 1 -5 NB RAMP LOSS k - 455 1W5— Del-21.7 1-885 MN VIC458 HWY 214/ EVERGREEN ROAD 5 / S 0► � 2027 TOTAL TRAFFIC CONDITIONS - EXISTING COMMERCIAL ZONING WITH AUTO OVERLAY RESTRICTION, WEEKDAY PM PEAK HOUR 44 2027 TOTAL TRAFFIC CONDITIONS - EXISTING COMMERCIAL ZONING WITH AUTO OVERLAY RESTRICTION, WEEKDAY PM PEAK HOUR 44 Woodburn Commercial Removal O (NO SCALE) ti N HWY 219 / O WOODLAND AVE 1 � 1 /15 HWY 219 / O ARNEY ROAD 2 HWY 219 / O 1 -5 SB RAMP 3 190 -► x--30 140 - W EXISTING ZONING, NO AUTO OVER RESTRICTION HWY 214 / 1 -5 NS RAMP 1-140 I 90 �- 1 F90 HWY 214 / n EVERGREEN ROAD TOTAL IN OUT PM PEAK HOUR TRIPS 580 290 290 NOTE: NEGATIVE NUMBERS INDICATE PASS -BV TRIPS LESSPASSrBY (230) (115) (115) ADDED NET NEW TRIPS - EXISTING COMMERCIAL ZONING NET NEW PM TRIPS 350 175 175 NO AUTO OVERLAY RESTRICTION, WEEKDAY PM PEAK HOUR WOODBURN, OREGON V KITTELSON& ASSOCIATES, INC. TRANSPORTATKIN ENGNEERNG I PLANNNG 45 Wwdbum Commemial O (NO SCALE) i 0 HWY 219 / O WOODLAND AVE 1 CM = CRITICAL MOVEMENT (UNSIGNALIZED) LOS = INTERSECTION LEVEL OF SERVICE (SIGNALIZEDpCRITICAL MOVEMENT LEVEL OF SERVICE (UNSIGNALIZED) Del = INTERSECTION AVERAGE CONTROL DELAY (SIGNALIZEDpCRITICAL MOVEMENT CONTROL DELAY (UNSIGNALIZED) V/C= CRITICAL VOLUME- TOCAPACITY RATIO HWY 219/ O ARNEY ROAD 2 k ' 1N-' LOS-0 k - 220 nog ---► 35 � Del--42 V/0 . 0.76 F710 / N 1445 o 455 f—B50 CM = CRITICAL MOVEMENT (UNSIGNALIZED) LOS = INTERSECTION LEVEL OF SERVICE (SIGNALIZEDpCRITICAL MOVEMENT LEVEL OF SERVICE (UNSIGNALIZED) Del = INTERSECTION AVERAGE CONTROL DELAY (SIGNALIZEDpCRITICAL MOVEMENT CONTROL DELAY (UNSIGNALIZED) V/C= CRITICAL VOLUME- TOCAPACITY RATIO HWY 219/ O ARNEY ROAD 2 V KTTTELSON& ASSOCIATES, INC. TRANSPORTATION ENGWEERNG/ PLANNING HWY 219 / O 3 1-5 SB RAMP I r L05=C 540 645— De1�1.1 x-610 5BO� VI M HWY 2141 1 -5 NB RAMP k ' N L IT 455 1135 Del--2i.6 FIM 1445 Lon 455 f—B50 " I - / V/C -0a2 V KTTTELSON& ASSOCIATES, INC. TRANSPORTATION ENGWEERNG/ PLANNING HWY 219 / O 3 1-5 SB RAMP I r L05=C 540 645— De1�1.1 x-610 5BO� VI M HWY 2141 1 -5 NB RAMP 2027 TOTAL TRAFFIC CONDITIONS - NO AUTO OVERLAY RESTRIC nEv HWY 2141 EVERGREEN ROAD k ' N LOSS 455 1135 Del--2i.6 FIM 355 Vic -0.60 `160 " I - / R � 2027 TOTAL TRAFFIC CONDITIONS - NO AUTO OVERLAY RESTRIC nEv HWY 2141 EVERGREEN ROAD ZONING K HOUR N LOS--C " - 15 1450 —► Del-VO x-1110 90 VrC .21 `160 " I - / ZONING K HOUR Woodburn Commercial Property: Zoning Overlay Removal September27, 2012 CONCLUSIONS Project # 12399.0 Page: 15 Based on the analysis presented in this letter, the proposed removal of the auto - restriction overlay on the commercial zone for tax lot #6600 in Woodburn, Oregon can be completed consistent with OAR 660 -012 -0060, as addressed below. OAR 660 - 012 -0060 (1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this rule. Response: The transportation impacts of the proposed zoning modification are not forecast to significantly affect the planned interchange improvements and transportation, facilities. (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan); Response: No change to the functional classification or planned transportation facility is proposed. (b) Change standards implementing a functional classification system; or Response: No change to the standards of the functional classification system is proposed. (c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based on projected conditions measured at the end of the planning period identified in the adopted TSP. As part of evaluating projected conditions, the amount of traffic projected to be generated within the area of the amendment may be reduced if the amendment includes an enforceable, ongoing requirement that would demonstrably limit traffic generation, including, but not limited to, transportation demand management. This reduction may diminish or completely eliminate the significant effect of the amendment. (A) Types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; Response: All types and levels of travel and access are consistent with the functional classification of the planned transportation facility. (B) Degrade the performance of an existing or planned transportation facility such that it would not meet the performance standards identified in the TSP or comprehensive plan; or Response: The transportation impacts of the proposed zoning modification are not forecast to degrade the performance of the planned transportation facility such that it would not meet the performance standards identified in the TSP or comprehensive plan. Kittelson & Associates, Inc. Portland, Oregon 47 Woodburn Commercial Property: Zoning OveAny Removal September22, 2012 project N: 12399.0 page: 16 (C) Degrade the performance of an existing or planned transportation facility that is otherwise projected to not meet the performance standards identified in the TSP or comprehensive plan. Response. The transportation impacts of the proposed zoning modification are not forecast to degrade the performance of the planned transportation facility that is otherwise projected to not meet the performance standards idendfled in the TSP or comprehensive plan. We trust this letter adequately addresses the transportation issues associated with the proposed removal of the auto - restriction overlay on tax lot #6600 in Woodburn, Oregon. If you have any questions or comments, please contact us at (503) 228 -5230. Sincerely, KITTELSON & ASSOCIATES, INC. Diego Arguea, P. E. Senior Engineer Matte, AIC� Associate Planner Cc: Aaron Ensign, Ensign Investment LLC Cathy Coriiss, Angelo Planning Group Terry Cole, Oregon Department of Transportation Julia Kuhn, Kittelson & Associates, Inc. REFERENCES 1. Department of Land Conservation and Development. Oregon Administrative Rules, Division 1Z, Transportation Planning. Website consulted September 7, 2012. http: / /arcweb.sos.state.or.us /pages /ruies /oars 600 1oar 660/660 012.html 2. Federal Highway Administration and Oregon Department of Transportation. Woodburn Interchange Project Revised Environmental Assessment November 2006. 3. Woodburn Transportation System Plan. October 2005. 4. Transportation Research Board. Highway Capacity Manual. 2000. Kittelson & AssoOcnrs, Inc. Portland,, Oregon Attachment A Forecast Traffic Volumes 49 Woodbum Commercial O (NO SCALE) s X E b C N_ N N h Removal Q HWY 219 / ARNEY ROAD HWY 219 / O 1 -5 SB RAMP 3 K y 656 —► s -6" 490 HWY 214 / O I -5 NB RAMP 4 420 woo � 685 280 ` HWY 214 / EVERGREEN ROAD 60� �15 1260 F 945 90� } �1W \ 1 2020 WOODBURN TSP TRAFFIC VOLUMES WEEKDAY PM PEAK HOUR WOODBURN, OREGON V KITTELSON& ASSOCIATES, INC. ,p` TRANSPORTATION ENGWEERNG I PLANMNG 50 HWY 2191 WOODLAND AVE 1 O r Removal Q HWY 219 / ARNEY ROAD HWY 219 / O 1 -5 SB RAMP 3 K y 656 —► s -6" 490 HWY 214 / O I -5 NB RAMP 4 420 woo � 685 280 ` HWY 214 / EVERGREEN ROAD 60� �15 1260 F 945 90� } �1W \ 1 2020 WOODBURN TSP TRAFFIC VOLUMES WEEKDAY PM PEAK HOUR WOODBURN, OREGON V KITTELSON& ASSOCIATES, INC. ,p` TRANSPORTATION ENGWEERNG I PLANMNG 50 Woodburn Commercial N N HWY 219 / O WOODLAND AVE 1 �_ S �lY ao mezzo i45 —� --885 35� �65 HWY 2191 O ARNEY ROAD 2 �z35 1255~ �- -600 HWY 2191 O 1 -5 SB RAMP 3 J Y � uo 530 HWY 2141 O 1 -5 NB RAMP 4 � 455 1050 955 300— Seplember2012 O (NO SCALE) HWY 2141 O EVERGREEN ROAD 5 R!q 90� �—tozo o r 1w qtr S tu$ NOTE: BACKGROUND REGIONAL ANNUAL GROWTH RATE OF 1 %APPLIED TO 2020 TSP VOLUMES TO ARRIVE AT 2027 FORECAST VOLUMES 2027 FORECAST TRAFFIC VOLUMES A V KTTTELSON & ASSOCIATES, INC. TRANSPORTATION ENGNEERNG /PLANNNG 51 Attachment B 2027 Traffic Operations Worksheets: Existing Zoning with Overlay Restriction 52 pm Thu Sep 6, 2012 13:51:38 Page 1 -1 --------- -- - - - - -- ------- __------- _ -____ Kittelzon b Associates, Inc. -- Project f 12399 Ensign Property Rezone -- Woodburn, Oregon 2027 Total Traffic Conditions with Auto Overlay -- Weekday PH Peak Hour ---- --- -- - --- _ - - - -__ ____------__- _- __------ _-------------- - - -_ -. Scenario Report Scenario: pm Command: pm volume: Pm Geometry: pm Impact Fee: Default Impact Fee Trip Generation: P. Trip Distribution: Default Trip Distribution Paths: Default Path Routes: Default Route Configuration: Default Configuration I Traffic 6.0.0715 (r) 2008 Dowling Assoc. Licensed to KITTELSON, PORTLAND H:\projfiIeM399 - 'Woodburn Ensign Property \traffix \202 overlay.rtf pm Thu Sep 6. 2012 13:51:39 Page 2 -1 ------------------------------------------------- ---------- --- ------- --- -- - - - --- Kittelson E Associates, Inc. -- Proje.ct fi 12399 Ensign Property Rezone -- Woodburn, Oregon 2021 Total Traffic Conditions with Auto Overlay -- Weekday PH Peak Hour ----------------------------- -------------- --- -------- - ----- ---------'----- - -_- Impact Analysis Report Level Of Service Intersection Base Future Change Del/ V/ Del/ V/ in LOS Web C LOS Von C 0 27 Hwy 214 /Evergreen Road C 22.2 0.678 C 22.1 0.68' -0.067 DIV 1 28 Hwy 21411 -5 NE ramp C 21.5 0.575 C 21.1 0.579 + 0.164 DIV 4 29 Hwy 214/1-5 5B ranp C 21.1 0.642 C 21.1 0.657 -0.021 DIV # 30 Hwy 214 /Arney Road 8 14.1 0.160 C 15.0 0.197 + 0.801 DIV 4 31 Hwy 214 /Woodland Avenue D 39.2 0.616 D 40.8 0.683 + 1.636 DIV Traffir. 8.0.0715 (c) 2008 Dowling Assoc. Licensed to KITTELSON, PORTLAND page 1 of 4 53 pm Thu Sep 6, 2012 13:51:39 Page 3 -1 Kittelson a Associates, Inc. -- Project 4 12399 Ensign Property Rezone -- Woodburn, Oregon 2027 Total Traffic Conditons with Auto Overlay -- Weekday PM Peak Hour ---------------------------------------------------------------------- Level Of Service Computation Report 2000 HCM Operations Method (Future Volume Alternative) Intersection 927 Hwy 214 /Evergreen Road ++ u+ ara«+.+«++ a.+ +x++•«+++..++.+ + + + +++ +rx +r+s+ +a+a + +.. +++++ «+ ++a.. « +++.« cycle )see): 120 Critical Vol. /Cap.(Xl: 0.687 Loss Time )sec): B Average Delay (sec /veh): 22.1 Optimal Cycle: 48 Level Of Service: C Approach: North Bound South Bound East Bound Hest Bound Movement L- T- R L- T- R L- T- R L- T- R ------------ --------------- (--------------- )--------------- 11 --------------- � Control: Split Phase Split Phase Prot +Permit Prot +Permit Rights: Include Include Include Include Min. Green: 0 0 0 0 O 0 0 0 0 0 0 0 Y +R: 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lanes: 1 1 0 0 1 1 0 0 1 0 1 0 2 0 1 1 0 1 1 0 ------------- " --------------- --------------- ---------- - - - - -� 'volume Nodule: Base Vol: 345 20 180 15 20 45 50 1260 90 160 945 15 Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.08 1.00 1.00 1.08 1.00 Initial Has: 345 20 180 15 20 45 50 1361 90 160 1021 15 Added Vol: 0 0 0 0 0 0 0 28 0 0 28 0 PasserByVol: 0 0 0 0 0 0 0 0 0 0 0 0 Initial Fut: 345 20 1BO 15 20 45 50 1389 90 160 1049 15 User Adj: 1.00 1.00 1.00 1.00 1.00 1_00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.D0 1.00 1.00 1.00 1.00 PHF Volume: 345 20 180 15 20 45 50 1389 90 160 1049 15 Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0 Reduced Vol: 345 20 160 15 20 45 50 1389 90 160 1049 15 PCE Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 MLF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 FinalVolume: 345 20 180 15 20 45 50 1389 90 160 1049 15 ------------ --------------- ( --------------- ' --------------- 11 --------------- � Saturation Flow Module: Sat /Lane: 1900 1900 1900 1900 1900 Adjustment: 0.95 0.95 0.84 0.91 0.86 Lanes: 1.89 0.11 1.00 1.00 0.31 Final Sat.: 3396 197 1596 1736 504 ------------ i --------------- 11 --------- Capacity An; Vol /Sat Crit Moves: Green /Cycle Volume /Cap: Delay /Veh: User DelAdj Adj Del /Veh: LAS by Move MCM2kAVgQ: ilysis Module: 0.10 0.10 0.13 0.01 0.04 0.16 0.16 0 ?16 0.06 0.06 0.62 0.62 0.69 0.15 0.69 48.6 48.6 54.6 54.4 74.5 1.00 1.00 1.DO 1.00 1.00 48.6 48.6, 54.6 54.4 74.5 D D D D E 7 7 8 1 4 1900 1900 1900 1900 1900 19DO 1900 0.86 0.92 0.92 0.82 0.91 0.91 0.91 0.69 1.00 2.00 1.00 1.00 1.97 0.03 1133 1752 3505 1557 1736 3417 49 ---- I( --------------- ) i --------------- � 0.04 0.03 0.40 0.06 0.64 0.58 0.69 0.14 0.69 74.5 8.6 18.8 1.00 1.00 1.00 74.5 8.6 18.8 E A B 4 1 18 0.06 0.09 0.31 0.31 0.58 0.73 0.65 0.65 0.10 0.47 0.47 0.47 11.4 15.1 10.7 10.7 1.00 1.00 1.00 1.00 11.4 15.1 10.7 10.7 B B B B 1 2 10 30 Note: Queue reported is the number of cars per lane. Traffiz 8.0.0715 (c) 2008 Dowling Assoc. Licensed to KITT'c LSON, PORTLAND H: \projfile \12399 - Woodburn Ensign Property\traffix \2027_with overlay.rrf Pm Thu Sep 6, 2012 13:51:39 Page 4 -1 --- ------------------ - - - - -- ---------_------------------_-------_------ Eittelson a Associates, Inc. -- Project 4 12399 Ensign Property Rezone -- Woodburn, Oregon 2027 Total Traffic Conditions with Auto Overlay -- Weekday PM Peak Hour Level Of Service Computation Report 2000 HCM Operations Method (Future Volume Alternative) Intersection 926 Hwy 21411 -5 NB ramp Cycle (sec): 120 Critical Vol./Cap. (X) : 0.579 Loss Time (sec): 6 Average Delay (sec /veh): 21.7 Optimal Cycle: 37 Level Of Service: C + ++aa aaa+++++a+ aaaaa :++r. + +a+a +x++ra.a�::.+ ++ + xx araxa ♦a+++a r+++ +.+..+aa +a+.+ ++r Approach: North Bound South Bound East Bound Hest Bound Movement: L- T- R L- T- R L- T- R L- T- R _----------- I --------------- I(--------------- --------------- - -------------- I Control: Split Phase Split Phase Permitted Permitted Rights: Include Include Include Include Min. Green: 0 0 0 0 0 0 0 0 0 0 0 0 Y +R: 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lanes: 1 0 11 0 1 0 0 0 0 0 0 0 2 0 1 0 0 2 0 1 ------------ I--------------- --------------- ( --------------- --------- - - - - -- Volume Module: Base Vol: 235 0 580 0 0 0 D 970 280 0 885 420 Growth Adj: 1.0 1.08 1.08 1,08 1.08 1.08 1.08 1.08 1.08 1.08 1.C8 1.08 Initial Bse: 254 0 626 0 0 0 0 1048 302 0 956 454 Added Vol: 8 0 0 0 0 0 0 28 8 0 28 0 pass -by: 10 U 0 0 0 0 0 0 10 0 0 0 Initial Fut: 272 0 626 0 0 0 0 1076 320 0 984 454 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Volume: 272 0 626 0 0 0 0 1076 320 D 984 454 Reduct Vol: 0 0 0 0 0 0 0 0 0 D 0 0 Reduced Vol: 272 0 626 0 0 0 0 1076 320 0 984 454 PCE Adj: 1.00 1.00 1,00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 ELF Adj: 1.00 1.03 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 FinalVolume: 212 3 626 0 0 0 0 1076 320 0 984 454 ------------ --------------- (--------------- (( --------------- (1 --------------- I Saturation Flow Module: Sat /Lane: 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Adjustment: 0.80 1.00 D.80 1.00 1.00 1.00 1.00 0.95 0.85 1.00 0.90 0.81 Lanes: 1.30 0.00 1.70 O.CO 0.00 0.00 0.00 2.00 1.00 0.00 2.00 1.00 Final Sat.: 1979 0 2579 0 0 0 0 3610 1615 0 3432 1535 --__-------- I --------------- --------------- --------------- --------------- Capacity Analysis Module: Vol /Sat: 0.14 0.00 0.24 0.00 0.00 0.00 0.00 0.30 0.20 0.00 0.29 0.30 Crit Moves: aa« + +.. Green /Cycle: 0.42 0.00 0.42 O.CO 0.00 0.00 0.00 0.51 0.51 0.00 0.51 0.51 Volume /Cap: 0.33 0.00 0.58 O.CO o.00 0.00 0.00 0.58 0.39 0.00 0.56 0.57 Delay /Veh: 23.5 0.0 27.3 0.0 0.0 0.0 0.0 20.6 18.0 0.0 20.3 21.1 User Del Adj: 1.00 1.00 1.00 1.o0 1.00 1.o0 1.00 1.00 1.00 1.03 1.00 1.00 AdjDel/Veh: 23.5 0.0 27.3 0.0 0.0 0.0 0.0 20.6 18.0 O.D 20.3 21.1 LOS by Move: C A C A A A A C B A C C HCM2kAvgQ: 5 0 11 0 0 0 0 14 7 D 13 11 Note: Queue reported is the number of cars per lane Truffle 8.0.0715 (c) 2008 Dowling Assoc Licensed to KITTELSON, PORTLAND Page 2 of 4 54 P. Thu Sep 6, 2012 13:51:39 Page 5 -1 Kittelson 6 Associates, Inc. -- ProjecL 41 12399 Ensign Property Rezone -- Woodburn, Oregon 2027 Total Traffic Conditions with Auto Overlay -- Weekday PM Peak Hour Level Of Service Computation Report 2000 HCM Operations Method (Future Volume Alternative) Intersection #29 Hwv +214/1-5.53 ra mpk <. + + < +. <,.. +. +:. +,.+. + + :+++.. Cycle (seq : 120 Critical Vol. /Cap.(£): 0.657 Loss Time (sec): 8 Average Delay Isec /veh): 21.1 Optimal Cycle: 44 + ++ Level Of * + South + Bound +« Service: +' + East ' C '+ ' Sound + +' Approach: .a +« North Bound Bound West Movement: L- T- R L- T- R L- T- R 1 L- T- --------------- R � ______ ------ I Control: --------------- � Split Phase --------------- 1 Split Phase --------------- Permitted Permitted Rights: Include Include Include Include ]tin. Green: 0 0 0 0 0 0 0 0 0 0 0 O Y +R: 4.0 4.0 4.0 4.0 4.D 4.0 4.0 4.0 1.0 4.0 4.0 4.0 Lanes: 0 0 0 0 0 1 0 1: 0 --------------- 1 0 0 2 0 --------------- 1 0 0 2 0 --------------- 1 ------------ I Volume Module: --------------- Base Vol: 0 0 0 595 0 360 0 655 490 0 620 500 Growth Adj: 1.00 1.08 1.08 1.08 1.08 1.08 1.08 1.08 I.OB 1.09 1.08 1.08 Initial Bsu: 0 0 0 643 0 389 0 707 529 0 610 540 Added Vol: D 0 0 0 0 8 0 36 R 0 36 0 pass -by: 0 0 0 0 0 10 0 30 10 0 10 D Initial Fur: 0 0 0 643 0 401 0 753 547 0 716 540 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Volume: 0 0 0 643 0 40' 0 753 547 0 116 540 Redact Vol: 0 0 0 0 0 0 0 0 0 0 0 0 Reduced Vol: 0 0 0 643 O 407 D 753 547 0 116 540 PCE Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 MLF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 FinalVolume: 0 0 0 643 0 --------------- 407 0 753 --------------- 547 0 716 --------------- 540 ------------ Saturation Flow I--------------- Module: Sat /Lane: 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Adjustment: 1.00 1.00 1.00 0.65 1.00 0.85 1.00 0.88 0.78 1.00 0.92 0.83 Lanes: 0.00 0.00 0.00 1.61 0.00 1.39 0.00 2.00 1.00 0.00 2.00 1.00 Final Sat.: 0 0 0 2612 0 --------------- 2248 0 3334 --------------- 1491 0 3506 --------------- 1 .569 ------------ Capacity Analysis I--------------- Module: Vol /Sat: 0.00 0.00 0.00 0.25 0.00 0.18 O.00 0.23 0.37 0.00 0.20 0.34 Crit Moves: + + ++ • «• Green /Cycle: 0.00 0.00 0.00 0.37 0.00 0.37 0.00 0.56 0.56 0.00 0.56 0.56 Volume /Cap: 0.00 0.00 0.00 0.66 0.00 0.48 0.00 0.40 0.66 O.CO 0.37 0.62 Delay /veh: 0.0 0.0 0.0 32.1 0.0 28.8 0.0 15.2 20.4 0.0 14.8 19.1 User DelAdj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 AdjDel /veh: 0.0 0.0 0.0 32.1 0.0 28.8 0.0 15.2 20.4 0.0 14.8 19.1 LOS by Move: A A A C A C A B C A B B HCM2kAvgQ: 0 0 0 13 0 9 0 8 15 0 7 13 Note: Queue reported is the number of cars per lane Traffix 8.0.0715 (c) 2008 Dowling Assoc. Licensed to KITTELSON, PORTLAND Pan Thu Sep 6, 2012 13:51:40 Page 6 -1 Kittelson 6 Associates. Inc. -- Projert p 12399 Ensign Property Rezone -- Woodburn. Oregon 2027 Total Traffic Conditions with Auto Overlay -- Weekday PM Peak Hour Level Of Service Computation Report 2000 HCM Unsignalized Method (Future Volume Alternative) + Interzection 030 +Hwy 214 /Arne, +..+ . , . Read a,+ +. : ........... - ... ...... «...«.+.. +...a «..+.. +<,,.. Average Delay (scc /vch): 0.5 Worst Case Level Of Service: C( 15.01 Approach: north Bound South Bound East Bound West Round Movement: L- T- R L- T- R L- T- R L- T- R _______________ --------------- --------------- _______________) Control: .Stop Sign Stop Sign Uncontrolled Uncontrolled Rights: Include Include Include Include Lanes: 0 0 C 0 0 0 0 C 0 1 0 0 2 0 0 0 0 1 1 0 ------------ --------------- --------------- --------------- --------------- � Volume Nodule: Rase Vol: 0 0 0 0 0 75 0 1160 0 0 915 235 Growth Adj: 1.OD 1.00 1.00 1.00 1.00 1.00 1.00 1.08 1.00 1.00 1.08 1.00 Initial Bse: 0 0 0 0 0 75 0 1153 0 0 880 235 Added Vol: 0 n 0 0 0 8 0 44 0 0 0 44 pass -by: 0 O 0 0 0 5 0 20 0 0 -5 25 Initial Nut: 0 n 0 0 0 88 0 1317 0 0 815 304 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Adj'. 1.00 1. oil 1.00 1.00 1.00 1.00 1.00 1.00 1.OD 1.00 1.00 1.00 PHF Volume: 0 0 0 0 0 88 0 1317 0 0 875 304 Redact Vol: 0 O 0 0 0 0 D 0 0 0 0 0 FinsIVOlume: 0 D 0 U 0 88 D 13'7 0 0 875 304 ------------ ---------------- ) --------------- ) --------------- 11 --------------- � Critical Gap Module: Critical Cp:xxxxr. xxx:< xxxxx XX' /.XK XXKX 7.0 ..>... %r:xx xxxxr. Xxx>: >: xxxx .,:.x- Foil owUOTim:xxxxr. %ax:x xxxxx xxxxx xxxx 3.3 :< <xxxx r. . wI - --- - - - -- -- ---- - - --- Capacity Module: Cnflict Vol: xxxx ..xx xx:<x% axXx r. xxx 591 .<>:ax n .._ xxxr, x Potent -up.: Xxxx .v .. Xxxxx xxxx xxxx 448 xxxx %xxx xx >:r.>: r, xxxx xx-xx Move Cap.: r,:xxx xxxr %xxxx xxxx xxxx 448 ...A xxxx --1-x sxxx Volume /Cap: xxxx xxxr xxxx xxxx xxxx 0.20 1... xxxx xxx. .. /1. xxxx rs xr . ___-__-___________________ --------------- 11 --------------- 11 ------------- ) Level Of Service Module: 2Way95thQ: xxxx >:.xv. xxX>:x r. xxxx 0.7 xxxx xxxx xx>:xx xxxx xxxr. ':Xx x Control Del:xrxxx Xxxx xxxxx xxxxr. -S-S 15.0 xlyXS xxxx xxxxx :: <x.xx xxrz xxxxx LOS by Move: ' + ` C Movement: LT - LTR - AT LT - LTR - RT LT - ITS - RT LT - LTR - AT Shared Cap.: xxxx x.X>: x.... .... ...x -SSIX xxx% Shared0ueue:.xXS1 xxxx xxx >:x -Xxrx -x.. xxxxx :<xxxr, r..:xr, x::xxr: X>:Xxx xxx:< xxrxx Shrd Con Del:xxxxx Xxxx - xx rns:< --x" x:<xxx xxxx XX x xx:<.r: r:xxx xxxxx Shared LOS: • a ` ' ' ' ' ' Approach Del: .xxzx.. 15.0 APProachW$: C Note: Queue reported is the number of cars per lane Traffix 8.0.0715 (r) 2006 Cowling Assoc. Licensed to KITTELSON, PORTLAND H: \projfile \12399 - Woodburn Ensign Property \traffix \2027 with overlay.rtf Page. 3 of 4 55 P. Thu Sep 6, 2032 13:51:40 Page 7 -1 Kittelson a Associates, Inc. -- Project 3 12399 Ensign Property Rezone -- Woodburn, Oregon 2027 Total Traffic Conditions with Auto Overlay -- Weekday PM Peak Hour Level Of Service Computation Report 2000 HCM Operations Method ( Future Volume Alternative) «.++++ ,.+ ++, Intersection 931 a Hwy + 214 /Woodland Avenue + + +,.+a+.u+., «, + +.«+: + + ++_ «+ r+. a. x«++ x+++. a++ x+:,+ s• a+. a+•+.+,+ a„ a+ a ++ ++a+a :a+a ++ + ++a+ +++ +. ««+ ++ Cycle (sec): 120 Critical Vol. /Cap.(X): 0.683 Loss Time (sec): 12 Average Delay (sec /veh): 40.8 Optimal Cycle: 59 Level Of Service: D Approach: North Bound South Bound East Bound West Bound Movement: L- T- R L- T- R L- T- R L- T- R ------------ ------ --- ------ --------------- 11--------------- --------------- Control: Split Phase Split Phase Protected Protected Rights: Include Include Include Include Min. Green: 0 0 0 0 0 0 0 0 0 0 0 0 y +R: 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lanes: 0 0 1! 0 0 1 0 1! 0 0 1 0 2 0 1 1 0 2 0 1 ------------ --------------- --------------- --------------- --------------- Volume Module: Base Vol: 50 10 250 350 5 15 100 690 35 65 645 220 Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.08 1.00 1.00 1.08 1.00 Initial Bse: 50 10 250 350 5 15 100 745 35 65 697 220 Added Vol: 0 0 0 40 0 5 B 0 0 4 3 0 pass -by: 0 0 0 30 0 0 10 -30 0 0 0 0 Initial pet: 50 10 250 420 5 20 118 735 35 69 700 220 user Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.OD 1.00 1.00 PHI Adj: 1.00 1.00 1.00 1.00 1.00 L.00 1.00 1.00 1.00 1.OD 1.00 1.00 PHF Volume: 50 10 250 420 5 20 118 735 35 69 700 220 Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0 Reduced Vol: 50 30 250 420 5 20 118 735 35 69 700 220 ME Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 '.00 1.00 1.00 1.00 MLF Adj: 1.00 1.00 1.00 1.00 1.OD 1.00 1.00 1.00 1.00 1.00 1.00 1.00 FinalVolume: 50 10 250 420 5 20 118 735 35 69 700 22D ------------ I--------------- ------ -------- --------------- --------------- Saturation Flow Module: Sat /Lane: 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Adjustment: 0.76 0.76 D.76 0.94 0.94 0.94 0.92 0.92 0.83 0.91 0.91 0.82 Lanes: 0.16 0.03 0.81 1.89 0.02 0.09 1.00 2.00 1.00 1.00 2.00 1.00 Final Sat.: 233 47 1167 3378 38 152 1753 3505 1568 1736 3473 1554 ------------ ( ----------- Capacity Analysis Module Vol /Sat: Crit Moves: Graen /Cycle Volume /Cap: Delay /Veh: User DelAdj Adj Del /Veh: LOS by Move HCN2kAVgQ: 0.21 0.21 0.21 0.12 0.13 0.31 0-31 0.31 0.19 0.19 0.68 0.68 0.68 0.64 0.68 40.2 40.2 40.2 46.7 48.0 1.00 1.00 1.00 1.00 1.00 40.2 40.2 40.2 46.7 48.0 D D D D C 11 11 11 R 9 0.13 0.07 0.21 0.02 0.04 0.20 0.14 0.19 0`10 0.33 0.33 0.06 0.29 0.29 0.68 0.68 0.63 0.07 0.63 0.6B 0.48 49.0 63.0 35.2 27.5 66.5 39.3 35.5 1.00 1.00 1.00 1.00 1.00 1.DO 1.00 48.0 63.0 35.2 27.5 66.5 39.3 35.5 D E D C E D D 9 6 13 1 4 13 7 Note: Queue reported is the number of cars per lane. Traffix 6.0.0715 (c) 2008 Dowling Assoc. Licensed to KITTELSON, PORTLAND H: \projfile \12399 - Woodburn Ensign Property \traffix \2027 with overlay.rtf lit; Page 4 of 4 Attachment C 2027 Traffic Operations Worksheets: Existing Zoning without Overlay Restriction 57 Pm Th. Sep 6, 2012 13;55:58 Page 1 -1 _____________________________________________________________________________ Kittel.son s Associates, Inc. -- Project N 12399 Ensign Property Rezone -- Woodburn. Oregon 2027 Total Traffic Conditions no Auto Overlay Weekday PH Peak Hour ______________________ ___ ___ ___ ___ __ ____ _______ _ ___ __ __- _________ ___ Scenario Report Scenario: pm Command: Pm Volume: pm Geonetry: pm Impact Fee: Default Impact Fee Trip Generation: Pm Trip Distribution: Default Trip Distribution Paths: Default Path Routes: Default Route Configuration: Default Configuration Traffix 8.0.0715 Icl 2008 Dowling Assoc. Licensed to KITTELSON, PORTLAND P. Thu Sep 6, 2012 13:56:00 Page 2 -1 ____ __ ___ _______ __ ___..__ -_____ --___-_ ______- ______--- _--- ______ - -__ Kittelson 6 Associates, Inc. -- Project 8 12399 Ensign Property Rezone -- Woodburn, Oregon 2027 Total Traffic Conditions no Auto Overlay -- Weekday PH Peak Hour __________________ __ ___ ___ __________ ___ ____ _ _ _ ___ __ _____ __________ _ _ __ Impact Analysis Report Level Of Service Intersection Base Future Change Del/ V/ Del/ V/ in LOS Veh C LOS Veh C N 21 Hwy 214 /Evergreen Road C 22.2 0.678 C 22.0 0.105 -0.169 D/V W 2P Hwy 214/1 -5 NO ramp C 21.5 0.575 C 21.6 0.600 + 0.113 D/V A 29 Hwy 21411 -5 SB tamp C 2 2 1.1 0.642 C 21.1 0.684 -0.005 D/V 0 30 Hwy 214 /Arney Road B 14.1 0.160 C 18.0 0.320 + 3.836 D/V R 31 Hwy 214 /Woodland Avenue D 39.2 0.646 D 44.2 0.164 + 5.049 ON Traffix 8.0.0715 Icl 2008 Dowling Assoc. Licensed to KITTELSON, PORTLAND H: \projfile \12399 - Woodburn Ensign Property \tra£fix \2027 no overlay.rtE _ Page 1 of 4 M pn Thu Sep 6, 2012 13:56:00 Page 3 -1 Kittelson c Associates, Inc. -- Project 9 12399 Ensign Property Rezone -- Woodburn, Oregon 2027 Total Traffic Conditions no Auto Overlay -- Wea_kday P) Peak Hour Note: queue reported is the number of cars per lane Traffix 8.0.0715 (c) 2008 Dowling Assoc. Licensed to KITTELSON, PORTLAND Pm Thu Sep 6, 2012 13:56:00 Page 4 -1 -------------------------------------------------------------------------------- Kittelson & Associates, Inc. -- Project 9 12399 Ensign Property Rezone -- Wcodburn, Oregon 2027 Total Traffic Conditions no Auto Overlay -- Weekday III Peak Hour Level Of Service Computation Report 2000 HCM Operations Method (Future Volume Alternative) ..... ..... + ........ ........ a....+.,.. ..r.w.+.. «.a : ......... Intersection 428 Hwy 214/1 -5 NB ramp Cycle (sect: Level Of Service Computation Report Critical Vol. /Cap.(%): 0.600 2000 MCM Operations ++++++++++++ r+..,..+..a.+ :++++ Method (Future Volume Alternative) +:.. +a +....wr w..,.a++ + + + «. +_. : ......... .......r+. Average Intersection 927 Hwy 214 /Evergreen +.,, • ++ Road optimal a vol./C'P`IA) £•+ + +. + +i• Service: Cycle (secl•r+ 120+......+.++«+•++ a Cycle 3 9 .- « «` critical .«« «, +.,.a x..a Loss Time (sect: 8 .+...«.... Average Delay (sec /vehl: 22.0 Optimal: y. le. + a ....a.a50LevelaOf * + ServiceC + + East Movement: L- T- R Approach: North Bound L- T- ` ----- South Bound L- T- - Bound I` ------------- Control: West Bound 11----- Split Phase Movement: L- T- R L- T- R L- T- R )1 L- T- --------------- R 1 __ ---------- I Control: --------------- Split Phase 1(--------------- Split Phase 11 --------------- Prot +Permit 0 Prot +Permit Rights: Include Include Include 4.0 4.0 include Min. Green: 0 0 0 0 0 0 0 0 0 0 0 YIN: 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lanes: 1 1 0 0 1 ) 1 0 0 1 1--------------- 0 11 1 0 2 0 --------------- 1 )1--------------- 1 0 1 1 0 ) ------------ I Volume Module: --------------- 0 885 420 Growth Adj: 1.08 1.011 1.08 1.08 1.08 1.08 Base Vol: 345 20 180 15 20 45 50 1260 90 160 945 15 Growth Adj: 1.00 1_00 1.00 1.00 1.00 1.00 1.00 1.08 1.00 1.00 1.C8 1.00 initial Bee: 345 20 180 15 20 45 50 1361 90 160 1021 15 Added Vol: 0 0 0 0 0 0 0 88 0 0 E8 0 PasserByvol: 0 0 0 0 n 0 D 0 0 0 0 0 Initial Fut 345 20 100 15 20 45 50 1449 90 160 1109 15 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.OD 1.00 1.00 1.00 1.00 i.OD PHI Adj: i.00 1.DO 1.00 1.00 1.00 ',.Do 1.00 1.00 1.00 1.00 1.00 1.00 PHF Volume: 345 20 160 15 20 45 50 1449 90 160 1109 15 Reduct Vol: 0 0 0 0 0 0 D 0 0 0 0 0 Reduced Vol: 345 20 180 15 20 45 50 1449 90 16D 1109 15 PCE Ad5: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.010 1.00 1.00 1.00 1.00 MLF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 i.OD 1.00 1.00 rinalVolume: 345 20 180 15 20 --------------- 45 I)------------- 50 1449 90 11------------ 160 1109 15 1 ------------ I Saturation Flow --------------- Itodule: 1900 1900 1900 Adjustment: 0.80 1.00 0.80 1.00 1.00 1.00 Sat /Lane: 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 '.900 Adjustment: 0.95 0.95 0.84 0.91 0.86 0.86 0.92 0.92 0.82 0.91 0.91 0.91 Lanes: 1.84 0.11 1.00 1.00 0.31 0.69 1.00 2.00 1.00 1.00 1.97 0.03 Final Sat.: 3396 197 1596 1736 504 (--------------- 1133 11--------------- 1752 3505 1557 II--------------- 1736 3420 46 I ------------ Capacity Analysis I --------------- Module: 0.30 Crit Moves: " ++ "" Vo1/Sat: 0.10 0,10 0.11 0.01 0.04 0.04 0.03 0.41 0.06 0.09 0.32 0.32 Crit Moves: 0.00 0.5^ ...I Volume /Cap: 0.37 0.00 0.60 0.00 0.00 0.00 0.00 0.60 Green /Cycle: 0.16 0.16 0.16 0.06 0.06 0.06 0.64 0.59 0.59 0.13 0.66 0.66 VolumelCap: 0.63 0.63 0.70 0.15 0.70 0.70 0.15 0.70 0.10 0.49 0.49 D.49 Delay /Veh: 49.5 49.5 56.4 54.6 77.5 77.5 8.4 18.6 10.9 16.5 10.5 10.5 User DulAdj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Adj Del/Veh: 49.5 49.5 56.4 54.6 77.5 77.5 8.4 18.6 10.9 16.5 10.5 10.5 LOS by Move: D D E D E E A B B B B B HCM21,Avg0: 7 7 8 1 4 4 1 19 ....11 11 Note: queue reported is the number of cars per lane Traffix 8.0.0715 (c) 2008 Dowling Assoc. Licensed to KITTELSON, PORTLAND Pm Thu Sep 6, 2012 13:56:00 Page 4 -1 -------------------------------------------------------------------------------- Kittelson & Associates, Inc. -- Project 9 12399 Ensign Property Rezone -- Wcodburn, Oregon 2027 Total Traffic Conditions no Auto Overlay -- Weekday III Peak Hour Level Of Service Computation Report 2000 HCM Operations Method (Future Volume Alternative) ..... ..... + ........ ........ a....+.,.. ..r.w.+.. «.a : ......... Intersection 428 Hwy 214/1 -5 NB ramp Cycle (sect: 120 Critical Vol. /Cap.(%): 0.600 Loss Time (sec): 8 Average Delay (sec /veh): 21.6 optimal Level Of Service: a Cycle 3 9 .- « «` .«« «, +.,.a x..a .+...«.... u. +. r C ,... Approach: North Bound South Bound East Bound West Bound Movement: L- T- R L- T- R L- T- ` ----- P. 11--------- L- T- - R - - - -I I` ------------- Control: It --------------- Split Phase 11----- Split Phase --- Permitted Permitted Rights: Include include Include Include Min, Green: 0 0 G 0 0 0 0 0 0 0 0 0 Y +R: 4.0 4.11 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lanes; 1 0 1- 0 - - - -- 1 ) 0 0 0 0 --------------- 0 11--------------- 0 0 2 0 1 11---------- 0 0 2 0 - 1 - - - -t ------------ t Volume Module: Base Vol: 235 0 580 0 0 0 0 970 280 0 885 420 Growth Adj: 1.08 1.011 1.08 1.08 1.08 1.08 1.OB 1.08 1.08 1.OB 1.08 1.08 Initial Be.: 254 0 626 0 0 0 D 1048 302 0 956 454 Added Vol: 26 0 0 0 0 0 0 88 26 D 88 0 pass -by: 25 0 0 0 0 0 0 0 25 0 0 0 Initial Fur: 305 0 626 0 0 0 0 1136 353 0 1044 454 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHI Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Volume: 305 D 626 0 0 0 0 1136 353 0 1044 454 Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0 Reduced Vol: 305 0 626 0 0 0 0 1136 353 0 1044 454 PCE Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.CO 1.00 1.00 MLF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Final Volume: 305 0 626 11--------------- 0 0 0 0 1136 --------------- 353 0 1044 --------------- 454 ------------ Saturation Flow I --------------- Had" a; Sat /Lane: 1900 1903 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Adjustment: 0.80 1.00 0.80 1.00 1.00 1.00 1.00 0.95 0.85 1.00 0.90 0.81 Lanes: 1.33 0.00 1.67 0.00 0.00 0.00 0.00 2.00 1.00 0.00 2.00 1.00 Final Sat.: 2023 0 2550 11 0 0 --------------- 0 11----- 0 3610 _------ 1615 __- II---- 0 3432 __- ---- 1535 - - _ - '. ------------ Capacity Analysis I ---------------- Module: Vol /Sat: 0.15 0.00 0.25 0.00 0.00 0.00 0.00 0.31 0.22 0.00 0.30 0.30 Crit Moves: " ++ "" Green /Cycle: 0.41 0.00 0.41 0.00 0.00 0.00 0.00 0.52 0.52 0.00 0.5^ 0.52 Volume /Cap: 0.37 0.00 0.60 0.00 0.00 0.00 0.00 0.60 0.42 0.00 0.58 0.56 Delay /Veh: 24.7 0.0 28.4 0.0 0.0 0.0 0.0 20.4 17.7 0.0 20.0 20.2 User Del Adj: 1.00 1.00 1.00 1.00 1 00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 AdjDel /Veh: 24.7 0.0 28.4 0.0 0.0 0.0 0.0 20.4 17.7 0.0 20.0 20.2 LOS by M.vo: C A C A A A A c B A C C HCi421kAvgp: 6 0 11 0 0 D 0 15 8 0 13 11 Note: Oasis reported to the number of cars per .lane Traffix B.C.0715 (el 2008 Dowling Assoc. 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Intersection 431 Hwy 2214 /Woodland +• «•• +0'764 •.. Cycle (sec) 120Critical Vol• /Cap.(X)•••' Was Time (sec): 12 Average Delay (sec /veh): 44.2 Optimal Cycle: 73 « +« « + North Level Of Service: + + +•* + East D • « Approach: Bound South Bound Bound West Bound Movement: L- T- R L- T- R L- T- R --------------- (i L- T- R --------------- ( ------------ I Control: --------------- (--------------- Split Phase 11 Split Phase Protected Protected Rights: Include Include Include Include Irvin. Green: 0 0 0 0 D 0 0 0 0 0 0 P. Y.R: 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 Lanes: 0 0 1! 0 0 1 0 1! 0 0 --------------- 11 1 0 2 0 1 --------------- 1( 1 0 2 0 1 --------------- ( ------------ (--------------- volume Module: Base Vol: 50 10 250 350 5 15 100 69D 35 65 645 220 Growth Adj: 1.90 1.00 1.00 1.00 1.00 1.00 1.00 I.OB 1.OD 1.90 1.08 1.D0 Initial Bee: 50 10 250 350 5 15 100 745 35 65 697 220 Added Vol: 0 0 D 126 D 16 26 0 0 14 11 0 pass -by: 0 0 0 85 0 0 35 -35 0 0 0 0 Initial Fut! 50 10 250 56i 5 31 161 710 35 79 708 220 User Adj: I.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 i.Do 1.00 PHF Adj: 1.00 1.00 1.00 1.00 3.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Volume: SD 10 250 561 5 31 1 161 710 35 79 708 220 Reduct Vol: 0 0 0 0 0 D 0 0 0 0 0 0 Reduced Vol: 5D 10 250 561 5 31 161 710 35 79 708 220 PCE Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.CO 1.00 ULF Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 rinaivol ume: 50 10 250 - - - - -( 561 5 31 --------------- 161 710 35 --------------- 79 708 220 ---------- - - - - -� ------------ Saturation Flow I --------- Module: Sat /Lane: 190C 19DO 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Adjustment: 0.76 0.76 0.76 0.94 0.94 0.94 0.92 0.92 0.83 0.91 0.91 0.82 Lanes: 0.16 0.03 0.81 1.89 0.01 0.10 1.00 2.00 1.00 1.00 2.00 1.00 Final Sat.: ------------(--------------- 233 47 1167 3361 28 175 11--------------- 11--------------- 1753 3505 1568 ((--- 1736 3413 1554 -- ----- - - - - -( Capacity Analysis Module: Vol /Sat: 0.21 0.21 0.21 0.17 0.18 0.18 0.09 0.20 0.02 0.05 0.20 0.14 Crit Moves: • « +• . :« ...+ +••• Green /Cycle: 0.28 0.28 3.28 0.23 0.23 0.23 0.12 0.32 0.32 0.07 0.27 0.27 Volume /Cap: 0.'6 0. 0.76 0.72 0.76 0.76 0.16 0.64 0.07 0.64 0.76 0.53 Delay /Veh: 41.9 47.9 47.9 45.5 47.5 47.5 66.3 36.5 28.8 55.1 44.3 38.9 User NIAdj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 AdjDel /Veh: 47.9 41.9 47.9 45.5 47.5 47.5 66.3 36.5 28.8 65.1 44.3 38.9 LOS by Move: D D D D D D E 0 C E D D ICES kAvgQ: 12 12 12 11 13 13 8 12 1 4 14 7 Noce: Ousus reported is the number of cars per lace Traffix 8.0.0715 Ic.( 2008 Dowling Assoc Licensed to KITTELSON, FORTLAND H: \projfile \12399 - Woodburn Ensign Property \traffic \202 overlay.rtf 61 Page 4 of 4 Exhibit F.1: Ensign Woodburn Zone Change Application Site Plan Overview . _. . -. 0 50 100 200 Feet 1 inch = 50 feet NEWBERG 0 Subject Property -- Public right-of-way Property lines .... smacks Building Footprint - Ei fisting Strictures Q Significant Wetlands ® Omer Wetlands streams Street Centerlines 62 Exhibit "C" � s 1 Subject Si 62 Exhibit "C" oSubject Property - - Public right -of -way 0 Property lines Setbacks Building Footprint - Existing Structures Significant Wetlands ® Other Wetlands Streams Street Centerlines Ensign Woodburn Zone Change Application Exhibit R2: Site Plan 1 inch = 100 feet 0 50 100 200 Feet 63 VY Exhibit F.3: Site Plan: Easements f I ROBIN R1 622 MAD EVENT tl� i= 7999 AVE q N- Lij W tl �l < � l O R1136 V61p piYR Ip% g131B V010 VIYIIY IYN mxsq qqm (1905) STATE HWY 21 EASEMENT MAP N " DISCLAIMER: W E OODBUR R CUR ENT RMATION — US NG MOST AVAILABLE. HOWEVER, IT SHOULD NOT BE IIfGOI orated 1889 CONSIDERED ACCURATE FOR SCALING. $ PUBLIC WORKS DEPARTMENT SCALE: 1:100 DATE: October 11, 2012 ENGINEERING DIVISION VY y . 11 11 �a r . A got Y W , Yl JzES6 _ Cos �a r . A got Y W , Yl JzES6 _ Cos 138 12s oa - 0003 -- os loon Exhibit F.5: Site Plan: 1 4, is Water Facilities 10 12" C1 19 W 155/1 6 17 J+W FIRE HYDRANT WELL 0 7 N VALVE ROBIN AVE ® WATER METER V -049 V -051 V -050 H -604 FUTURE WATER S / METER O SAMPLE STATION 2 I i V -052 0j °9gS DIA = 2' H -605 DIA. =4' i_:,•. '.. DIA = 1.5" IRR. V -226 OODBURJ Co Lu rn ' 8" FIRE SERVICE DIA =1T' U 2" DOMESTIC DIA =14" DIA, =16" PUBLIC WORKS DEPARTMENT V -225 N — [� H -606 N J SAMPLE ' 1 Q STATION O V -224 H -607 g V -149 (. H -329 a 0 " ° cr V -150 V -14 H -48 >- O Li o 100 Q STATE HWY 219 - f NEWBERG WATER LEGEND N 10 BLOWOFF J+W FIRE HYDRANT W E N VALVE ® WATER METER FUTURE WATER S / METER O SAMPLE STATION DIA 0' -1' DIA = 2' _..�.,— DIA. =4' i_:,•. '.. DIA = mk DIA. =o OODBURJ DIA =10" DIA =1T' tncn• arwted 1889 DIA =14" DIA, =16" PUBLIC WORKS DEPARTMENT DIA =18" ENGINEERING DIVISION V -314 �N WA TER MAP DISCLAIMER: THIS MAP IS A GRAPHIC REPRESENTATION, USING THE MOST CURRENT INFORMATION AVAILABLE. HOWEVER, IT SHOULD NOT BE CONSIDERED ACCURATE FOR SCALING. -00 h 288 D 4 \ Exhibit F.6: Site — LS 1 0-32 � Sewer Facilities ��.. 161 17 i L � ROBIN AVE ----------------- 15" T 12- LS10 -85 2 66 w 246 Q 24 z � Q D2 O� O C�3 LS10 -33 $" o - L -77, 15" � O� Lis 1 2 Ls o -78 j 15" 03– LS10 -92 Z ° Z m a 03– LS10 -93 -- I r — SANITARY SEWER LEGEND N 0 MANHOLE Q CLEANOUT W E O PUMPAJFT STATION MA, =a• s l _ _.......e_ DIA. =6^ DIA. —B" DIA =10' DIA. =,2 DIN. =1a' - DIA = ls' DIA. =18• d A. = za• O01 DIA = 27' DIA. =30' Ineoe of 12- LS10 -861 o , o >_ �o 12– LS10 -87 w z 12" Q 1 STATE HWY 219 – NEVI DIa = 3s PUBLIC WORKS DEPARTMENT FORCEMAIN ......... PRIVATE ENGINEERING DIVISION SANITARY SEWER MAP HSCLAIMER: THIS MAP IS A GRAPHIC REPRESENTATION, USING THE MOST CURRENT INFORMATION AVAILABLE. HOWEVER, IT SHOULD NOT BE CONSIDERED ACCURATE FOR SCALING. _ Q Exhibit F.7: Site Plan: 3 1 4 1 8 Stormwater Facilities 15 16 17 �. 88 W ff o 0 � 1 100 STATE HWY 219 - NEWBEII o - FRO, STORM SEVER LEGEND M CATCH BASIN I" FIELD INLET PIPE (ED MANHOLE SUMP -DRY WELL OUTFALL ..-- . - - - -. DITCH_100FT CULVERT _ PIPELINE WITH FLOW ARROW Imo" I / ABOVE GROUND DETENTION DETENTION OUTLET STR N W +E S PUBLIC WORKS DEPARTMENT ENGINEERING DMSION pix STORM SEWER MAP LAIMER: THIS MAP IS A GRAPHIC REPRESENTATION, USING THE MOST CURRENT INFORMATION AVAILABLE. HOWEVER, IT SHOULD NOT BE CONSIDERED ACCURATE FOR SCALING. E: 1:1001DATE: October 11. 2( r Run, • Legend Bike Roua, Commercial Zoning Railroad Parks and Open Spaces School Other Zoning Library Public Um 0 2.500 N Feet 111 $el m : a Ilim" xi ft"w, w FA 4:= V A ryrg jj A1 , 4 74* .111, Ill", I: Xhi , b , i . , tF 8 "Y � I'l .S z, 1weemmer a - —�,, Es FPS uawta xowicx Figure 3-3 Bicycle Facilities City of Woodburn TSP M Legend Existnq Sidewalks M Commercial Zoning Railroad ff] Peres and Op.. Spaces Sol Offier zoning IfM Library a PUNIC Use 2,500 Feet l Exhibit F.O. Site Plavr Pedestrian Facilities eso�r a5` NRERRY A Z— Al nIP YT4 7 �? el� F� 11 curs S s ell Figure 3.2 Pedestrian Facilities City of Woodburn TSP 70 COUNCIL BILL NO. 1612 ORDINANCE NO. 2141 AN ORDINANCE RECLASSIFYING CERTAIN PROPERTY LOCATED ON STATE HIGHWAY 219 BETWEEN WOODLAND AVENUE AND ARNEY ROAD FROM COMMERCIAL OFFICE (COI PLAN REVIEW APPLICATION; APPROVING A ND ATTACH NG CERTAIN CONDITIONSHERETO E WHEREAS, the applicant, Robert Miles dba Miles Chevrolet, submitted application 94 -02 for a zone change from Commercial Office (CO) to Commercial Retail (CR), and WHEREAS, application 94-14 was also submitted by the applicant for site plan approval, and WHEREAS, the City Council conducted a da novo public hearing on February 27, 1995 and heard testimony on said application, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The subject property is owned by Robert Miles dba Miles Chevrolet and is described as follows: Tax Lot 6600 Sec. 12, Township 5 South, Range 2 West, Willamette Meridian Section 2. That based upon the findings and conclusions contained in Exhibit "A ", the zone designation on the subject property is changed from Commercial Office (CO) to Commercial Retail (CR). Section 3. That the Site Plan of said property is approved based upon the findings and conclusions contained in Exhibit "A ". Section 4. That the zone designation change and site plan approval on the subject property are subject to the conditions contained in Exhibit "B" that the Council finds reasonable. e: 7 S Approved as to form: City Attorney Nancy A. K rksey, Mayor APPROVED: Page 1; - Council Bill No. 1612 Ordinance No. 2141 3 9 Dat Exhibit "D" 71 Passed by the Council March 27, 1995 Submitted to the Mayor March 26, 1995 Approved by the Mayor March 28, 1995 Filed in the Office of the Recorder March 29, 1995 ATTEST: Mary lYnnent, City Recorder City of Woodburn, Oregon Page i - Council Bill No. 1612 Ordinance No. 2141 72 Exhibit "A" Page 1 of 13 RECOMMENDATION OF THE WOODBURN PLANNING COMA+IL4SION Zone Change Case No. 94-02 and Site Plan Review 94-14 I. APPLICANT: Robert Miles Miles Chevrolet 280 S. Pacific Why. Woodburn, OR 97071 II. NATURE OF THE APPLICATION: This application is for a change in zone on the subject property from Commercial Office (CO) to Commercial Retail, and for approval of a site plan to construct an auto dealership. The site plan includes construction of an officelsales building, parldng and loading areas and landscaping. III. HISTORY OF THE APPLICATION' . A duly completed application was received in the City Plamfing Department in May, 1994. Staff analyzed the proposal and received comments and information from other agencies, and based upon that review and analysis, recommended that the application be approved. A public hearing before the Woodburn Planning Commission was duly held on July 14, 1994. Based on the information available at that time, the Planning Commission recommended denial of the application. An appeal was duly filed with the Woodburn City Council, and the matter was referred for Council consideration. The City Council duly held a public hearing on this application on September 12, 1994. At that time, the Council received additional evidence and justification for the application from consultants hired by the applicant. Based on the existence of new information received at the public hearing, the City Council remanded the application back to the Planning Commission for its consideration of the new information. The application was placed before the Planning Commission, who held a third public hearing on the request on November 10, 1994. During that public hearing, additional evidence, information and testimony was received regarding this application. At the conclusion of the public hearing, the Woodburn Planning Commission voted to recommend APPROVAL to the City Council the application with specific conditions. -9 73 Exhibit "A" Page 2 of 13 IV APPLICANTS PRIMARY POINTS OF DISCUSSION The applicant emphasized to the commission that this case involves only a zone change, and not a comprehensive plan amendment. The Woodburn Comprehensive Plan is much more static and less subject to change than the zoning map district contained within each comprehensive plan designation. The comprehensive plan clearly indicated that zoning should not remain static, but should adapt with the limes and growth of the community. On this point, the plan says: "The planning process is continuous. There is no plan which can foresee all of the problems which the future will bring." Page 93, Section MM. It was suggested that this zone change would have the effect of opening the door for Highway 219 to become inundated with other dealerships, making it look like 82nd Street in Portland. The applicant stated it is almost impossible for this to happen because of the lack of available lands, and the strict land use process needed to change the Comprehensive Plan. There are two factors at work here: the location of the UGB; and the hick of other lands with the commercial plan designation. Auto sales is considered to be strictly urban type use that is allowed only inside the UGB. Therefore no auto sales will over be allowed west of the Church, because that is where the UGB lies. In addition to 13WI, the property is designated industrial in the Woodburn Comprehensive Plan. Given the lack of suitable inventory of industrial lands in the City at this time, it would be nearly impossible to change the industrial plan designation to commercial. During the course of the hearings on this matter a concern was raised about the potential for fencing the subject property as part of the site plan. The applicant indicated that it was not his intent to fence the property, but instead to utilize landscaping, berms and security patrols to control the site. These methods have proven successful in the industry to control theft and vandalism. Because of the fear of the neighbors of what the site would look like with a fence around the perimeter of the property, the applicant has agreed to a condition of approval to the site plan that prohibits perimeter fencing. In addition, the time at which the traffic is generated is important in an analysis of this type. An auto dealership spreads its traffic over the entire course of a day, while office space will put a very large share of its traffic in the morning peak hour and in the evening peak hour. The significance of this is that when the streets are already crowded with residents going to work or going home, it is preferable to have a use at the subject property that will not create most of its traffic during those peak hours. An automobile dealership does just that, while an office park does not Page 2 - iRecmmnendxim eWovdbwn Planning Commtfston a ties Chevrolet) :•; 74 Exhibit "A" Page 3 of 13 The applicant has done a complete survey of all parcels within the Urban Growth Boundary (UGB) of the City of Woodburn for determination of suitability of an alternative site for an auto dealership. The applicant has testified that the criteria for establishing a new auto dealership is generally mandated by that industry. The siting criteria use by the applicant in selecting the site included the following: a. The site must have immediate access to major highways, arterial streets and population centers. b. The site must demonstrate acceptable current and future traffic volumes to assure long term business vitality. c. The site must have "easy access" from the major road systems to accommodate spontaneous buyers. d. The site must have excellent visibility towards the road system with large frontages for vehicle display. e. Usable land area must be a minimum of four (4) acres per franchise to allow for a business life cycle of more than 20 years. f. The site shall b flat or nearly so and in a square or rectangular shape to accommodate vehicle display, visibility and on -site traffic management and building design. g The site shall not be adjacent to other automobile dealerships. h. The site shall have public services and utilities. City services are more advantageous because utilities, police and fie services are more readily available. i. The site shall be free of hazardous materials. j. The land shall be purchased not leased. Land purchase provides for long term investment verses the long term expense of a lease. k. The site shall allow for long term diversification and growth as market demands change. 1. There shall be no easements that adversely affect the site. rag, 3 - Re,, endauoe of Woodburn Pknning CwmnWion (Mda CUvrold) -.4 75 Exhibit "A" Page 4 of 13 The applicant stated that pursuant to industry standards, the subject property is the only parcel in the city that is suited for his use. Additionally, much of the dissent for the project voiced at earlier hearings was centered upon the construction of the Amey Road extension. This street does not specifically benefit the applicant's use of this property, but is required by the Oregon Department of Transportation. The applicant's involvement and participation in its completion is understood regardless of the use or zone on this property. V. FINDINGS OF FACT: 1) The subject property is approximately 6.4 acres in size and of uniform shape. There is a wetlands area on the northern section of the subject property, otherwise the parcel is flat and generally is open with some vegetation and a few mature trees. 2) The subject property is bordered to the south by Fliighway 219, to the east by Amey Road, to the west by Woodland Drive and to the north by a mobile home park and an R.V. park. 3) The Arney Road extension traverses across the northern portion of the subject property. This extension is intended to connect Amey Road with Woodland Drive. 4) The subject property lays in a transition area between a single family residenttl area to the northwest and the commercial areas to the northeast, east and to the south. 5) The subject property is vacant. 6) There is a motel, gas station, convenience store, R.V. park, mobile home park, residential subdivision, large tract industrial property and the l3Wl facility in the immediate area. Interstate 5 runs north and south just to the east of the subject property. The subject property is proposed to be developed for the applicant's auto dealerships. The plan calls for construction of an office/sales/service building to be constructed on the subject property. The remainder of the site will be landscaped and will provide paved area for access, parking, display, loading and service of vehicles. No access is proposed or will be allowed on Highway 219. A primary access point for the subject property will be on Amey Road with secondary accesses on the Arney Road extension and a auxiliary access onto Woodland Drive, directly across from Myrtle Street. All access points meet public works and ODOT standards as to width, separation, distance and construction style. Page 4 -Recommendation of Woodburn Planning Commission (Mikks Oievrok t) - 4 W Exhibit "A" Page 5 of 13 7) All landscaped areas will be irrigated and will contain a mixture of trees, shrubs a nd flowers. A site obscuring berm will be constructed the full length of the eastern boundary of the property excluding the access cut at Myrtle Street. The berm will be landscaped and a large hedge will be planted in conjunction with the berm to provide additional buffering between this use and the residential area to the west. g) The applicant has established a test drive route for sales, customers and route will personnel to use in conjunction with the auto dealership. That eliminate and prohibit any drives through the adjacent residential areas and shall be confined to utilization of Highway 219, the freeway and Butteville Road. The applicant shall place this restriction against drive thmughs in the residential areas in their personnel manual, and shall post the non - residential test drive route in both the sales and service areas. 9) All applicable setback distances are met by this application. Off street parking requirements of the zone code require that a minimum of 35 spaces are provided, and the site plan shows many more than that. Two loading spaces which are a minimum 12 feet wide and 30 feet long are required by the zoning ordinance and the site plan meets that standard. The parking areas will be paved and will be graded in such a way to provide adequate and proper collection and disposal of storm water run - off. The parking areas will be curbed with appropriate vehicle stops, and the landscaped areas meet or exceed the five foot requirements of the zone code. The complete facility wilt meet all ADA requirements and Mtental signage, will provide traffic flow control by directional arrows and information signs. 10) The subject property will be lighted and all such lighting will be deflected away from residential areas and road right -of -ways. No loudspeaker paging system will be used on the site. The subject property is served with all necessary public facilities including sewer, water and public uttlittes. 11) The proposed oTwzIsales building will be over 300 feet from the nearest residence. Between the residence and the new construction will be a road right - of -way, significant landscaping and a site obscuring berm. The proposed design, color and materials of the exterior of the structure was found to be appropriate to the character of the immediate area. 12) The property will not be fenced. A security company will be hired to make periodic inspections of the property during non business hours. Page S - Rerononendarlon of Woodbure Planaixig Commis x (MIler ow'"ld) a 77 Exhibit "A" Page 6 of 13 CONCLUSION: 1) The applicants site plan proposal is in conformance with all local implementing ordinances relating to zoning, public works and fire life safety. 2) The applicant's sit plan exceeds the standards required in regards to landscaping, lighting, and noise abatement. COMPREHENSIVE PLAN CRITERIA CHAPTER X H REVEEW, REVISION AND UPDATE PO 93 The planning process is continuous. There is not plan which can foresee all of the problems which the future will bring. In most cases for decision the Planning Commission and Council will be petitloned by private citizens to change the Land Use Plan designation of a particular parcel of property. This is a quasi-judicial activity and should follow the procedures set out for quasi-judicial rulings. However, the Plamting Commission should insure that whatever changes it makes in the Land Use Plan, they are consistent with other goals and policies established in the Plan. These changes, in general, should be justified by a solid body of evidence presented by the petitioner showing the following: 1. compliance with the goals and policies of the Comprehensive Plan; 2. compliance with the various elements of the Comprehensive Plan; 3. compliance with state -wide goals and guidelines; 4. that there is a public need for the change; S. that this land best suits that public need; and 6. that the land cannot be suitably used as it is presently designated. 1. Compliance with the goals and policies of the Comprehensive Plan; and 2. Compliance with the various elements of the Comprehensive Plan Page 6 - Recommendation of Woodburn Planning Commission (Md" Chevratet) 78 Exhibit W Page 7 of 13 Commercial Land Development Policies Chapter IX PG 41 & 42 B-1. The City should at all times have sufficient land to accommodate the retail needs of the City and the surrounding market area. The City presently has four major commercial areas: 99E, I-5 Interchange, the downtown area and the 214/211/99E four corners intersection area. No new areas should be established. B-2 Commercial office and other low traffic generating commercial retail uses can be located on collectors or in close proximity to residential areas if care in architecture and site planning is exercised The City should insure by proper regulations that any commercial uses located close to residential areas have the proper architectural and landscaping buffer zones. Rip e 1). The Comprehensive Plan Map designates this property as commercial. 2). The Comprehensive Plan identifies this parcel as being located in one of the four commercially designated area of the City. 3). The application does not involve a request for a change in the Comprehensive Plan Map designation. It is however, a request to amend the Zone Map for commercial office (CO) to .commercial retail (CR) which allows an automotive dealership as an optional business pursuant to section 29.030 (b) (2) of the Woodburn Zoning Ordinance. 4). The Comprehensive Plan Map designation allows commercial office, commercial retail, commercial general and interchange district in order to implement the Plan Policies of the designation. 5). The City has required that a berm be constructed and landscaped with a "largo* hedge to provide buffering between this use and the residential areas as required by the commercial plan policy. CONCLUSIONS: 1). The Comprehensive Plan Map allows for various commercial districts. 2). Auto sales is a permitted use in the commercial retail (CR) zone. Page 7 - Remmmeadadm ofWoodbum Planning Commission (Miler Che 10) 79 Exhibit "A" Page 8 of 13 RESIDENTIAL LAND DEVELOPMENT POLICIES CHAPTER IX PG 43 A -9. Industrial and commercial uses which locate adjacent to residential areas should buffer their use by screening and design control, and should be controlled with sufficient setbacks so as their location will not adversely affect the residential areas. FINDINGS: 1). Residential uses to the west and south of the proposed site are separated by Woodland and Arney Roads. 2). The site plan (SPR94 -14) requires that a berm be constructed adjacent to Woodland with landscaping and large trees. In addition that property north of Amey Road will be left in natural vegetation with old growth trees. 3) The applicant produced an appraisal analysis of this area from a certified appraiser. The appraisal report indicates that there is no market indication that the change in zone or the establishment of an automobile dealership on the subject property will have any adverse effect the value or salability of adjacent residential property 4) The applicant produced a report from an environmental consultant indicating that the automobile dealership as located on the subject property will have no potential environmental impact concerns. CONCLUSION: 1). Sufficient measures have been taken to provide buffering adjacent to the neighboring residential uses. 2) It was determined no adverse environmental impacts or effect on adjacent property values will be realized. Pagc 8 - Recommend don of Woodburn Planning ComWnfon (Miler Chevrolet) .. 1 1 Exhibit "A" Page 9 of 13 TRANSPORTATION GOALS AND POLICIES CHAPTER IX PG 51 1 -1 -2 Develop a transportation system that interconnects residential areas with employment centers, commercial areas, schools, parks, churches and regional transportation networks. i -i -3 Develop a street system wherein arterial streets are of sufficient width to accommodate traffic flows without interruption. Collector streets should function to conduct traffic between arterial streets, which serve to accommodate movement within neighborhoods. 1 -1-4 To insure that state and federal highways with routes through the City are improved in accordance with projected traffic volumes and the elements contained within this plan. Jt ►r c 1). The city and the Oregon Department of Transportation have identified the extension of Arney Road to Woodland Ave. as being a requirement of site plan review approval. 2). The purpose of the Arney Road extension is to accommodate future traffic flows in this area. 3). The Amey Road extension has been planned and designated by the Oregon Department of Transportation and will be constructed at its current location regardless of who or what develops on the subject property. According to an ODOT representative who appeared at the public hearing, the Arney Road extension in not related in any way to this application. 4). According to the applicant's traffic engineer, the total daily traffic after construction will be only 200 for the subject property- It is anticipated that the dealership will grow and expand over the years into the future up to a maximum utilization of approximately 400 traffic trips per day at maximum use Conservatively, the traffic engineer estimates that if the properly were developed to office space, it could generate approximately 995 traffic trips per day. page 9 - Reawwwndasion of Woodburn Planning Com,nirrion (Miler C71 -010) .. . 81 Exhibit W Page 10 of 13 5). The times at which the traffic is generated is important in an analysis of this type. An auto dealership spreads its traffic over the entire course of a day, while office space will put a very large share of its traffic in the morning peak hour and in the evening peak hour. The significance of this is that when the streets are already crowded with residents going to work or going home, it is preferable to have a use at the subject property that will not create most of its traffic during those peak hours. An automobile dealership does just that, while an office park does not. 6). Using the standard trip generation manual, the traffic engineer estimates that 292 trips would be caused by utilization of the property for an office park, or almost 30% of the total traffic volume generated by the site. On the other hand, an auto dealership would generate only 67 trips during the a.m. peak hours, which is less than 10% of the total estimated ADT.i The traffic engineer did a site specific traffic count at the applicant's current location, and based on that information has adjusted the manual estimate downward to a maximum of 400 ADT at maximum use of the subject property. This equates to a 4346 reduction in trip generation estimates. Applying this same reduction to the total number of peak hour trips estimated, it falls from 67 to 38 total trips per day during the combined a.m. and peak a.m. hours. 7) The project and zone change in compatible with the Transportation Plan. CONCLUSION: 1). The project is compatible with the objective required by ODOT in implementing an adequate street pattern to accommodate future traffic generation. 2). The specific use could generate less vehicular traffic that some office use. COMPLIANCE WITH STATE WIDE GOALS AND GUIDELINES FINDING: 1). By meeting the goals and policies of the City's Comprehensive Plan, the City complies with the state wide goals and guidelines. 'The trip generation manual places the ADT for an automobile dealership at 700. However, that figure is based on a nationwide estimate that was found by the traffic engineer to be inapplicable here_ Page IO - Recommendation of Woodburn Planning Commission (Mlles Chevrolet) ..s iF Exhibit "A" Page 11 of 13 THAT THERE IS A PUBLIC NEED FOR THE CHANGE THAT THIS LAND BEST SUM THAT NEED FINDINGS: 1). There is a public need for this rmning. Need is judged by virtue of land use inventories available within the zoning and comprehensive plan and districts of the City. N there is a use to which there are no suitable parcels available in the City, there is a land use "need" to provide a zone for that use. 2). The subject property best meets salient industry standards. After review of the entire City's inventory, eight specific parcels were judged against the industry standards for siting within the city limits. The following other seven parcels were analyzed and failed to meet the criteria: a. Parcel #1 is an existing commercial zone on Mt. Hood Avenue owned by K- Mart. This property was already partially developed and the remaining 3.4 acres were too small for the auto store. b. Parcel #2, a CR zone on Mt. Hood Avenue and Pacific Highway, was completely developed. It currently houses a Safeway and other businesses located on this property. C. Parcel #3 is a large 11 acre site with a Commercial General and Commercial office zone at the intersection of Pacific Highway and Molalla Road. This parcel also abuts an RS zone. The property was owned by Pac West and was to be sold in its entirety without consideration to break it down into smaller parcels. The property is too large and economically unfeasible for a business of this type. d, parcel #4, owned by the Jehovah's Witnesses, is in a CR zone without any commercial frontage and with a back section that is partially developed with a church facility. This is unsuitable for the type of commercial access that a car dealership require& e. parcel #5, owned by Beverly J. Brack was 4.53 acres fronting Pacific Highway and in a CR zone. The property is too small, considering that the frontage is already developed. Page 11- Rewwnmdadon of Woodburn Planning COMMimion (Miles Ow" IM) q .... � - - .. .._ .....- .- ..- ...._....._._.__..1. .__, 83 Exhibit "A" Page 12 of 13 f. Parcel #6 in a Commercial General zone on Mt. Hood Avenue is developed along the frontage to 300 feet back from the street curb. The remaining four acres at the rear has no visibility and is too small for an auto dealership. g. Parcel N7, located at Interstate 5 in a Commercial General Zone, the property lies outside the City limits of Woodburn. It was and is not available for sale. The property is being developed by Capital Development Corporation, land banked for future Capital projects. At present time, this property has insufficient access to meet public demand, or service the needs of an auto dealership. 3). The subject property is the only parcel suited to fulfill this need. As indicated in the applicants report, the applicant utilized industry-wide siting criteria and applied that on a parcel by parcel basis within the City of Woodburn. The subject property was the only one which met all of the siting criteria. 4). The removal of the subject property from the CO zone will not have any detrimental effect on the overall availability to provide suitable office space in Woodburn. The zone code structure in Woodburn provides that any use allowed in the CO zone is an outright permitted use in the CR zone. Therefore, all of the seven vacant CR zones parcels which are not suitable for auto dealership use are, or could be, available for office space construction. 5). Three parcels east of the 991E/211 intersection were not analyzed as to its potential viability. This property lies outside the City limits but within the UGB. CONCLUSION: 1). Land availability for this type of land use in severely limited. THAT THE LAND CANNOT BE SUITABLY USED AS IT IS PRESENTLY DESIGNATED FINDINGS: 1). The subject property is not suitable for use as a commercial office complex because of the size of the parcel and its location. The CO zone bas been applied to the property for at least the last 15 years. If it were viable for office use, given the dramatic growth of the City of Woodburn during the last 15 years, the subject property would have been developed for that use. It was not, and that is the best indicator of its lack of suitability. Page 12 - Recommendation of Woodburn PZ=Wng Commfsrion (Hirer alel"Ia) 0 Exhibit "A" Page 13 of 13 2). The subject property, as currently zoned, creates a land "burden" on the bottom line of any development. To overcome this burden which adds to the rental that must be charged through office leases, developers are forced to develop the property to its highest density allowed by the code. For an office use, this equates to a minimum of 87,000 square feet of office space and potentially as much as 147,000 square feet of office space. 3). Current office development in the City of Woodburn is of much smaller size, typically on two acres or less. Most office projects have tended to gravitate to the central business district where the business activity becomes synergetic and symbiotic with other business rather than to seek out isolated sites. The subject property is well suited for an auto dealership for just the opposite reason. The size is an absolute requirement and the isolation is desirable. 4). The demand for CO zoned property is not sufficient to make this large parcel attractive in the near future. With ample supply of other CO and CO zones which have not developed for office use, it is apparent that the supply of CO and CG property is more than sufficient to meet the future demand. CONCLUSION: 1). The site best meets the need for an auto dealership. vI RECOMMENDATION OF THE PLANNING CONMESSION: After careful review of the record in this case, the Planning Commission recommends that the application to rezone the Myles property from CO to CR be APPROVED, and that the site plan for construction of an auto dealership thereon be APPROVED. It is the further recommendation of the Planning Commission that the zone change be conditioned to allow only auto sales, and no other retail type uses without obtaining additional zoning approval through the zone change process. It is further recommended that the site plan approval be conditioned so that no fence around the perimeter of the property shall be allowed. Page 13 - Rewmmm"Ion of woadbum Planning Commtosion (Mfbx Chewwold) rp Wallace W. Lien. P.C. Exhibit "B" Page 1 of 6 MILES CHEVROLET - CONDITIONS OF APPROVAL As Requested by City Council 1. The width and location of the driveway onto Arney Road must be approved by ODOT. 2. An additional 5 feet of right -of -way shall be dedicated to the public adjacent to State Highway 219. An additional 10 feet of slope and utility easement shall be conveyed to the public adjacent to the 5 foot dedication required herein. 3. All work within the state highway right -of -way shall require approval and permit from the Oregon Department of Transportation. a. The applicant shall dedicate 60 feet of right -of -way to the public across the entire northern section of the subject property from Arney Road to Woodland Avenue. The exact location of this right-of-way shall be determined by the city. but shall be situated as far north on the subject property as is possible. taking into consideration the presence of potential wetlands in the northeast corner of the site. 5. The applicant shall improve this new street (Arney Road extension) as follows: a. Complete the design ofthe intersection with Woodland Ave. and construct it to city standards. b. Construct this new street for a distance not to exceed 125' east from tite Woodland Avenue intersection. This portion of the street shall be full pavement width from curb to curb. with gutters and sidewalks on the south side only. and shall be constructed to city standards. It is intended that this street shall be provided for access (by driveway) to the northern portion of the property. C. Design allowances shall be made for public storm sewer system. and construction thereof shall be made to the extent of the new street being constructed pursuant to this condition. d. Applicant shall be reimbursed from future landowners whose developments contribute to the need for this street, a pro-rata share of the cost of construction and dedication being made by Cite applicant, the Page I - Conditions of.Approval - As of February 27. 1995 Im Waftce W. Lien. P.C. Exhibit "B" Page 2 of 6 formula of which shall be determined by mutual agreement between the city and the applicant. It being understood that the need for dedication and construction of this street is not because of this development alone but also because of the impacts on traffic flow that will be generated in the future from development of vacant lands to the north of the subject property. 6. The southerly access onto Woodland should be aligned with Myrtle Street. 7. No on -street parking shall be allowed. and "No Parking" signs should be posted. 8. Install a security chain across driveway onto Woodland Drive and the new north road. 9. Install a stop sign at the driveway onto Antey Road. 10. Construct a half street improvement on Arney Road along the frontage of the subject property. a. Engineered drawings shall be submitted to, and approved by ODOT showing: Drainage from Hillsboro - Silverton Hwy to Amey Road north to outfall at the wetlands in the northeast corner of the subject property. ii. The pavement cross - section for the improvement. iii. The location. width and turning radius of the driveway onto Atney Road. 11. No direct access shall be allowed onto Highway 219. 12. The applicant shall be required to improve Highway 219 along its frontage as follows: a. Construct curb, gutter and sidewalk along the entire frontage. b. Overlay (2" asphalt) Highwa 219 along the frontage, only in the event lane line changes will occur over the new construction. and further if core Page 2 - Conditions of Approval - As of February 27, 1995 87 wall"e W. teen. P.C. Exhibit "B" Page 3 of 6 samples of roadbed determine that such an overlay is necessary for load carrying capacity of the street. 13. At such time as time conditions NNarrant the driveway from the subject property onto Woodland Avenue at M%rtle shall be restricted to right turn exit only. The citv and ODOT shall detennine when conditions warrant this restriction, but it is understood that when a traffic signal is installed at Woodland and Highway 219. conditions will undoubtedly warrant this restriction. B. CONDITIONS RFLATING TO WATER Must have a minimum of 3 fire hydrants on the site. at locations to be determined by the Woodburn Fire Department. Back -flow prevention devices may be required depending on water usage, such as irrigation system or fire sprinkler system. 3. Water meters shall be located within the public rieht -of -way or utility easement. 4. Outside address must be visible from the entrance of Aroey Road. 5. As indicated in the plan. the mater line for fire protection will be looped, depending on hydrant locations. The water main should be looped to Woodland through the north portion of the property. 6. Must have a minimum of 3.250 -gallons per minute at the site. C CONDITIONS RELATING T DRAiNA( F. An existing storm sewer traverses through this property. This will need to be addressed or relocated through the construction plan review process. 2. On -site catch basins shall be the pollution control type. 3. The storm sewer within the proposed street along the north property line shall be a public system. Page 3 - Conditions of Approi - As of February 27. 1995 RM W� .. W. u.. P.C. Exhibit "B" Page 4of6 1. The relocation of the existing on -site sanitary sewer to provide for the proposed building location is acceptable. However, the location as proposed near Woodland may need to be revised during the construction plan review process. 2. Provide easements for the existing on -site city maintained sanitary sewer lift station and sewer mains. • • • i C J WIMU 001"RO 1. The building must be ADA accessible, and comply with all UBC provisions. 2. Must submit and obtain approval for a "Fire and Life Safety Plan" from Marion County. 3. Final plan shall conform to the construction plan review procedures and standards. 4. All work shall conform to City of Woodburn standards and all state building codes. 5. Submit, prior to occupancy, one set of reproducible as- builts. i • u w! 1. • L c • y1'1 I. Subject to Traffic Impact Fees (TIF), and Storm Water Runoff charges (SDC). Applicant may apply for credits to offset said fees for applicant improvements constructed pursuant to the requirements of this approval. 2. Post a maintenance bond good for one year, in the amount of 10% of the improvement costs which will be maintained by the city. Must obtain a sign permit for any signs. 2. A lighting plan for parking, pedestrian and security areas be submitted and approved by staff. This plan shall provide for appropriate shielding to direct lighting on -site, and to prevent to the extent possible, light escaping onto any adjacent residential property. 3. The applicant, not the City of Woodburn, is responsible for obtaining permits from Page 4 - Conditions of Approval - As of February 27, 1995 EE WMate W. Lien. P.C. Exhibit "B" Page 5 of 6 any state and /or federal agencies which may require approval and permit such as Division of State Lands or the Department of Transportation. d. A landscaping and irrigation plan shall be submitted to staff for approval. Landscaping and signing shall comply with the Zoning Ordinance Section 8.190 vision clearance. Landscaping along Woodland Avenue shall include a berm and low growing shrubs, with trees or hedge type plants planted along the top of the berm. 5. On -site construction shall not commence until the improvement plans have been approved and all right of way permits and system development charges have been paid. 1. The zone change approved herein shall allow only Vehicle and vehicular related type sales and service. No other retail type uses shall be allowed vv7tltout first obtaining approval thereof through the zone change process. 2. No fence shall be erected around the perimeter of the subject property. 3. No exterior public address system shall be used in coniunction with this use. d. Applicant shall submit to the Planning Department for approval, a policy prohibiting company authorized sales or service test drives from using any residential street west of 1 -5. excluding that portion of Woodland from its intersection at Highway 219 to its intersection with the Arney Road extension at the northwest corner of the subject propem 5. Only one driveway shall be allowed directly onto Woodland Avenue, and that drivewav shall be directly across from the Mvrtle Street intersection. 6. The primary business orientation shall be directed either to the east, towards Arney Road, or to the south, towards Highwa} 219, or both. 7. The building shall be located close enough to the west property line to allow for the load out areas to be situated east of the building. The purpose of this condition is to have the building act as a separation buffer between the residential areas to the west and the load out area (as well as other business activity) that will be on the other side of the building to the east. Page 5 - Conditions of Appro val - As of February 27. 1995 .i W.U. W. Lien. P.C. Exhibit "B" Page 6 of 6 8. The building shall not have east west service bay doors. All service bay doors shall be on the north and south ends of the building. 9. All driveways shall be closed after business hours. and applicant shall provide after hours security. 10. The building shall be only one story. Page 6 - Conditions ofApprovat -As of February 27, 1995 91 2.106.01 Permitted Uses The following uses, when developed under the applicable development standards of the WDO, are permitted in the CG zone. A. Residential 1. One dwelling unit in conjunction with a commercial use. 2. Multiple - family dwellings (rental or condominium) project at a net density of between 12 and 32 dwelling units per acre are permitted in the Downtown Gateway sub- district. Multiple - family dwellings are subject to the dimensional standards and other development standards of Section 2.104 unless the multiple - family dwellings are built as part of a vertical mixed use development. 3. Multiple - family dwellings (rental or condominium) built as part of a vertical mixed use development at a maximum net density of 32 dwelling units per acre are permitted in the Downtown Gateway sub - district. Multiple- family dwellings in a vertical mixed use development are subject to the dimensional standards and other development standards of the CG district. 4. Attached single - family residences at a net density of 12 to 24 dwelling units per acre are permitted in the Downtown Gateway sub - district. B. Special Trade Contractors 1. Plumbing, heating and air - conditioning contractors. (23 5110) In the Gateway sub- district, this use is allowed only when located entirely within a building. 2. Paper and wall coving contractors. (235210) In the Gateway sub - district, this use is allowed only when located entirely within a building. 3. Masonry, drywall, insulation and tile. (2354) In the Gateway sub - district, this use is allowed only when located entirely within a building. 4. Floor laying contractors. (235520) In the Gateway sub - district, this use is allowed only when located entirely within a building. 5. Roofing, siding, and sheet metal construction contractors (235610) entirely within a building. 6. Glass and glazing contractors. (235920) In the Gateway sub - district, this use is allowed only when located entirely within a building. 7. Building equipment and other machinery installation contractors. (235950) 8. Ornamental ironwork contracting. (235990) In the Gateway sub - district, this use is allowed only when located entirely within a building. C. Fabricated metal products manufacturing 1. Fabricated metal product manufacturing (332) entirely within a building. D. Furniture and Related Products Manufacturing, except in the Gateway sub - district. 1. Household and institutional furniture and kitchen cabinet manufacturing (3371) entirely within a building. E. Retail Trade 1. Automotive parts (44131) without installation. Exhibit "E" 92 2. Furniture and home furnishings. (442) 3. Electronics and appliance stores. (443) 4. Building materials and garden equipment and supplies. (444) with all outdoor storage and display enclosed by a 7' masonry wall. 5. Food and beverage stores. (445) 6. Health and personal care stores. (446) 7. Clothing and accessory stores. (448) 8. Sporting goods, hobby, book and music stores. (451) 9. General merchandise stores. (452) 10. Misc. retail (453) EXCEPT used merchandise stores (4533), other than antique shops, and EXCEPT manufactured (mobile) home dealers. (45393) F. Transportation & Warehousing 1. Postal service. (491) G. Information 1. Publishing. (511) 2. Motion picture theaters (51213 1) EXCEPT drive -ins. 3. Radio and TV. (513 1) 4. Cable networks. (5132) 5. Telecommunications. (5133) EXCEPT telecommunication facilities subject to Section 2.204.03. 6. Information and data processing. (514) H. Finance and Insurance 1. Finance and insurance (52) EXCEPT pawn shops (522298) and check cashing, pay day loan and cash transfer establishments [other than banks] as a predominant, ancillary, or required supporting use. Pawn shops (522298) and check cashing, pay day loan, and cash transfer establishments (other than banks) are not permitted in the Gateway sub - district. I. Real Estate and Rental and Leasing 1. Real estate. (531) 2. Video tape and disc rental. (532230) 3. General rental centers (532310) with all outdoor storage and display on a paved surface. Professional Scientific & Technical Services 1. Legal services. (5411) 2. Accounting. (5412) 3. Architects and engineers. (5413) 4. Specialized design services. (5414) 5. Computer system design. (5415) 6. Management consulting. (5416) 7. Advertising. (5418) 8. Other professional services (5419) EXCEPT veterinary service contained entirely 93 within a building. (541940) K. Administrative & Support Services 1. Administrative and support services (561) INCLUDING employment, travel and investigation. 2. Management and corporate offices (551) L. Educational Service 1. Business schools. (6114) 2. Technical and trade schools. (6115) M. Health Care and Social Services 1. Ambulatory health services (621) EXCEPT ambulance service. (62191) 2. Social assistance (624) INCLUDING child day care services. N. Arts, Entertainment and Recreation 1. Performing arts and spectator sports, except in the Gateway sub- district. (711) 2. Museums and historic sites (712) EXCEPT zoos. (712130) 3. Fitness and recreational sports. (71391) 4. Bowling centers. (71395) 5. Other amusements INCLUDING ballrooms, except in the Gateway sub- district. (713990) O. Accommodation & Food Service 1. Hotels (EXCEPT casino hotels) and motels. (72111) 2. Bed and breakfast inns. (721191) 3. Food service and drinking places (722) EXCEPT mobile food service. P. Other Services I. Electronic and precision equipment repair. (8112) 2. Electric motor repair entirely within a building. 3. Reupholstery and furniture repair. (81142) 4. Leather repair. (81143) 5. Personal care services (8121) INCLUDING barber shops and beauty salons. 6. Funeral homes. (8122 10) 7. Dry cleaning and laundry service (8123) EXCEPT linen supply. (81233) 8. Photo finishing. (81292) 9. Parking lots and garages (81293) EXCEPT extended vehicle storage. (4939190) 10. All other personal services (812990) INCLUDING bail bonding and consumer buying services. 11. Religious, civic and social organizations. (813) Q. Public Administration 1. Public administration. (92) R. Streets & Utilities 94 Rights of way and easements and the improvements therein for streets, water, sanitary sewer, gas, oil, electric and communication lines and for storm water facilities and for pump stations. 2.106.02 Special Permitted Uses The following uses, when developed under the applicable development standards of the WDO including the special development standards of Section 2.203, are permitted in the CG zone. A. Agricultural practices without livestock, except in the Gateway sub - district, subject to Section 2.203.02. B. Complementary residential uses subject to Section 2.203.06. C. Delivery services subject to Section 2.203.08. D. Facilities during construction subject to Section 2.203.10. E. Temporary outdoor marketing and special events subject to Section 2.203.19. 2.106.03 Conditional Uses The following uses may be permitted in the CG zone subject to the applicable development standards of the WDO and the conditions of conditional use approval: A. Retail Trade 1. Motor vehicle and parts dealers (44 1) EXCEPT automotive parts without installation. 2. Tractor and heavy equipment dealers, except in the Gateway sub- district. 3. Gasoline stations. (447) 4. Used merchandise stores, other than antique shops. (4533) 5. Manufactured (mobile) home dealers, exccpt in the Gateway sub- district. (453930) B. Transportation & Warehousing 1. Urban transit system. (48511) 2. Interurban and rural transit. (4852) 3. Taxi service. (48531) 4. Limousine service, except in the Gateway sub - district. (4853) 5. School transportation, except in the Gateway sub - district. (4854) 6. Charter bus service, except in the Gateway sub - district. (4859) 7. Special needs transportation, except in the Gateway sub - district. (485991) 8. Motor vehicle towing, except in the Gateway sub - district. (48841) 9. Self- and mini- storage, except in the Gateway sub - district. C. Finance and Insurance 95 1. Pawn shops, except in the Gateway sub - district. (522298) 2. Check cashing, pay day loans and cash transfer establishments, other than banks, except in the Gateway sub - district. D. Professional. Scientific and Technical Services 1. Scientific research and development. (5417) 2. Veterinary service. (541940) E. Health Care and Social Services 1. Ambulance service. (62191) F. Accommodations and Food Service Recreational vehicle parks, except in the Gateway sub - district. (7212) G. Other Services 1. Automotive maintenance. (8111) This use is allowed only when located entirely within an enclosed building, except for short-term outdoor parking of vehicles waiting for service. 2. Commercial and industrial equipment repair, except in the Gateway sub - district. (8113) 3. Home goods repair EXCEPT upholstery (81142) and leather repair (81143). (8114) 4. Linen supply. (81233) H. Government and public utility buildings and structures EXCEPT uses permitted in Section 2.106.01 and telecommunications facilities subject to Section 2.204.03. 2.106.04 Accessory Uses The following uses are permitted as accessory uses subject to Sections 2.202 and 2.203. A. Fence or free standing wall. M WOODBURN PLANNING COMMISSION WORKSHOP/MEETING MINUTES November 29, 2012 CONVENED: The Planning Commission met in a public meeting session at 7 p.m. in the City Hall Council Chambers, with Chair Ellen Bandelow presiding. ROLL CALL: Chair Bandelow Present Vice -Chair Piper Present Commissioner Corning Present Commissioner Grigorieff Absent Commissioner Lima Present Commissioner Ellsworth Present Commissioner Vacant Staff Present: Jim Hendryx, Economic & Development cervices uuecror Jon Stewart, Assistant City Attorney Don Dolenc, Associate Planner Vicki Musser, Recording Secretary , Chair Bandelow opened the workshop /meeting at 7 pm, and led the Commissioners in the flag salute. Minutes The November 8, 2012 minutes were unanimously approved. Business from the Audience There was none. Communication There was none. Items for Action There were none. Public Hearing ZC 2012 -02, 3011 Newberg Highway, Ensign Trust: The applicant requested the removal of a zoning limitation presently restricting the use of the property, from Automotive Related Uses to any allowed use in the General Commercial (CG) zone (the Miles Chevrolet property). The relevant restriction allowed only vehicular and automotive -type sales and service. The applicant requested removal of that restriction, so that any use allowed under the CG zone regulations would be allowed in the future. This property is within the Interchange Management Area (IMA). The Oregon Department of Planning Commission Meeting — November 29, 2012 Page 1 of 4 Exhibit "F" 97 Transportation (ODOT) informed the Planning staff that IMA restrictions do not apply to this property. There is presently no existing access to Newberg Highway, and ODOT does not plan to allow that in the future. The proposal by the applicant meets the WDO criteria, and ODOT has no objection. Staff recommended approval. Commissioner Lima asked about the origination of the condition restricting use of the property. Director Hendryx believed that the original limitation came about due to a specific plan being developed for the property, which accompanied the re -zone. Applicant: Matt Hastoe, 921 SW Washington St. 4468, Portland, OR, concurred with the staffs recommendation. The property owner wishes to be allowed to use the site without the present limitation. Planning Commission Discussion: Commissioner Piper asked if the application was subject to all the CG zone requirements and was told that it was. Commissioner Lima made a motion to recommend that the City Council approve ZC 2012 -02. Commissioner Piper seconded the motion, which was unanimously approved and passed without any conditions. DR 2012 -02, EXCP 2012 -02, PLA 2012 -03, SIGN 2012 -038, 2325 N. Boones Ferry Road, Woodburn Memory Care: The applicant requested a Design Review for a 26,909 square foot group care facility with 48 beds in 28 living units, an Exception to Street Right -of -Way, and Improvement Requirements for Boones Ferry Road, a Property Line Adjustment to relocate the property line between the two parcels, and a permit to establish a monument sign. The property is zoned Medium Density Residential (RM). Abutting properties are zoned Residential Single Family (RS). The proposed facility does not meet certain guidelines for several areas, including • private open space for each ground -level unit • porch or recessed entry for each ground -level unit • maximum overall dimension • maximum;ridge length of a roof • garage parking Associate Planner Don Dolenc indicated that these are desirable guidelines, but the Planning Commission may still approve an application that does not meet the suggested architectural guidelines. The property is abutted, in part, by single family residential homes, and a wall must be erected along those boundary areas to protect the privacy of the abutting homes. Planning Commission Meeting — November 29, 2012 Page 2 of 4 m Don Dolenc From: FRICKE Daniel L [ Daniel. L. FRICKE@odot.state.or. us] Sent: Tuesday, November 20, 2012 11:15 AM T Don Dolenc Cc: CASWELL Matthew C Subject: RE: Rezoning notification Don - Thank you for forwarding this notice and project application for review (ZC 2012 -02 - Ensign 1993 Trust). We have reviewed the application package and concur with the analysis on page 2 that concludes that the interchange overlay zone does not apply to this property. As a land use matter, therefore, ODOT has no objection to this proposed zone change. As future development is considered on the property, be aware that the property currently does not have direct access to OR 214 and no access will be permitted in the future given the proximity to the interchange improvements. Please feel free to contact me if you need additional information. Dan Fricke, Senior Transportation Planner Oregon Department of Transportation Region 2 455 Airport Road SE Building B Salem, OR 97301 -5395 Ph: 503 - 986 -2663 Fax: 503 - 986 -2840 e -mail: daniel Lfricke4odot.state.or.us From: Don Dolenc [ mailto•Don Dolenc@ci.woodburn.or.usl Sent: Tuesday, November 06, 2012 2:15 PM To: FRICKE Daniel L Subject: RE: Rezoning notification Thank you. The application packet will be in the mail to you today. I've attached the public hearing notice. Don Dolenc Associate Planner City of Woodburn 503- 980 -2431 From: FRICKE Daniel L [ mailto•Daniel L FRICKEeodot state or us Sent: Tuesday, November 06, 2012 2:11 PM To: Don Dolenc Subject: RE: Rezoning notification Dan Fricke, Senior Transportation Planner Oregon Department of Transportation Region 2 455 Airport Road SE Building B Salem, OR 97301-53,95 Ph: 503 - 986 -2663 Fax: 503 - 986 -2840 e -mail. daniel.l frickeCrpodot.state. or. us Exhibit "G" 3k7 WD . 9 ,aBURN r,.ro.pe,e tae east January 14, 2013 TO: Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Director of Economic & Development Services SUBJECT: Resolution adopting updates to the Marion County Multi - Jurisdictional Natural Hazards Mitigation Plan RECOMMENDATION Adopt a resolution updating the City of Woodburn addendum to the Marion County Multi- jurisdictional Natural Hazards Mitigation Plan. BACKGROUND In 2011 Marion County updated their Natural Hazards Mitigation Plan (NHMP) in order to stay in compliance with Federal Emergency Management Agency (FEMA) regulations (which require a review and update every five years). Since Marion County updated their plan the participating cities (including Woodburn) were required to update their addenda (even though they were created only one year earlier). The Oregon Partnership for Disaster Resilience drafted and included an update memo to the Marion County NHMP which was reviewed and accepted by FEMA. The update was included in the Marion County NHMP as appendix. In order to stay in compliance with FEMA eligibility requirements Woodburn is required to adopt a resolution approving the 2011 updates to the Marion County NHMP and the edits to the Woodburn City Addendum. DISCUSSION: None. FINANCIAL IMPACT This decision is anticipated to have no immediate public sector financial impact. Adoption of the resolution continues the City's eligibility for FEMA natural hazard mitigation funds. Agenda Item Review: City Administrator _x City Attorney _x_ Finance _x_ 100 COUNCIL BILL NO. 2915 RESOLUTION NO. 2024 A RESOLUTION ADOPTING UPDATES TO THE CITY OF WOODBURN ADDENDUM TO THE MARION COUNTY MULTI - JURISDICTIONAL NATURAL HAZARDS MITIGATION PLAN WHEREAS, the City of Woodburn recognizes the threat that natural hazards pose to people, property and infrastructure within our community; and WHEREAS, undertaking hazard mitigation actions will reduce the potential for harm to people, property and infrastructure from future hazard occurrences; and WHEREAS, an adopted Natural Hazards Mitigation Plan is required as a condition of future funding for mitigation projects under multiple FEMA pre- and post- disaster mitigation grant programs; and WHEREAS, the City of Woodburn adopted the City of Woodburn Addendum to the Marion County Natural Hazards Mitigation Plan, on March 18, 2010 (Council Bill 2819, Resolution No. 1960); and WHEREAS, Marion County has subsequently completed an update to the Marion County Multi- Jurisdictional Natural Hazards Mitigation Plan of which the City of Woodburn is party to; and WHEREAS, the City of Woodburn has updated its addendum to the Marion County Multi - Jurisdictional Natural Hazards Mitigation Plan to reflect new information contained therein through the creation of a new appendix (Appendix E); and WHEREAS, the Oregon Office of Emergency Management and Federal Emergency Management Agency, Region X officials have reviewed the Marion County, Multi- Jurisdictional Natural Hazard Mitigation Plan and Appendix E of the City of Woodburn Addendum to the Marion County Natural Hazards Mitigation Plan (both dated, January 2011) and pre - approved them (dated, April 21, 201 1) contingent upon this official adoption of the participating governments and entities; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City of Woodburn adopts Appendix E: City of Woodburn Addendum to the Marion County Natural Hazards Mitigation Plan 2011 Amendments and Update, which is attached to this Resolution as Exhibit A. Page 1 - Council Bill No. 2915 Resolution No. 2024 101 Section 2. With adoption of Appendix E, the City of Woodburn Addendum to the Marion County Multi- Jurisdictional Natural Hazards Mitigation Plan is updated to reflect the changes identified in said appendix. Section 3. The City of Woodburn will submit this Adoption Resolution to the Oregon Office of Emergency Management and Federal Emergency Management Agency, Region X officials to enable final approval of the City of Woodburn Addendum to the Marion County Multi- Jurisdictional Natural Hazards Mitigation Plan. Approved as to form: City Attorney Date Passed by the Council Submitted to the Mayor Approved by the Mayor Approved: Kathryn Figley, Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page 1 - Council Bill No. 2915 Resolution No. 2024 102 Exhibit A Appendix E: City of Woodburn Addendum to the Marion County Natural Hazards Mitigation Plan 2011 Amendments and Update The Oregon Partnership for Disaster Resilience prepared this Appendix to the City of Woodburn Addendum to the Marion County Natural Hazard Mitigation Plan (Woodburn Addendum) as part of the 2010 -11 update to the Marion County Natural Hazard Mitigation Plan. Upon local adoption, the appendix will become part of the Woodburn Addendum and will ensure that the City of Woodburn maintains FEMA Pre - Disaster Mitigation Program eligibility as well as compliance with the Marion County NHMP. This appendix is organized according to the sections outlined in the Woodburn Addendum. A description of each section is presented below with proposed changes and updates following each. Section 1: Planning Process The planning process section of the Woodburn Addendum describes the activities used by the steering committee and community to develop the plan. Updates to the Planning Process section are as follows: On Page 4, Paragraph 1 of the "Adoption' subsection, delete the first sentence and insert the following language: The city of Woodburn adopted the Marion County Natural Hazard Mitigation Plan via resolution on March 22, 2010. In 2011, Marion County adopted an update to the Marion County Natural Hazard Mitigation Plan. The City of Woodburn subsequently adopted Appendix E of the City ofWoodburn Addendum to the Marion County Natural Hazard Mitigation Plan by resolution on anua 14 2013. With said adoption, all changes outlined in Appendix E are incorporated into the City of Woodburn Addendum to the Marion County Natural Hazard Mitigation Plan by reference. Marion County Natural Hazards Mitigation Plan January 2011 Page 3 -13 103 Exhibit A Section 2: Community Profile The community profile section of the Woodburn Addendum describes a variety of community characteristics specific to the City of Woodburn. Given the limited amount of time that has elapsed since the community profile was developed, no changes are required or proposed. Section 3: Risk Assessment The risk assessment section of the Woodburn Addendum describes the types, causes, characteristics and relative risk posed by natural hazards on the City of Woodburn. Based on new information compiled during the Marion County NHMP update process, updates to the Woodburn Addendum include the following: On Page 26, first paragraph following "Vulnerability scores... ", delete sentences one and two and replace with the following paragraph: The referenced Marion County probability and vulnerability scores in each hazard annex are taken from the 2011 Natural Hazard Mitigation Plan. The Marion County steering committee reviewed scores during the plan update process (NHMP 2010 -11) and modified if the steering committee believed they did not accurately reflect Marion County's current probability and vulnerability. On Page 27, first full Paragraph within the "Drought" subsection, delete sentences 3 through 7, and replace with the following: According to Marion County's Natural Hazards Mitigat Plan, several major droughts have occurred in the last century. The period between 1976 Page 3 -14 January 2011 Marion County Natural Hazards Mitigation Plan 104 Exhibit A and 1977 was the single driest year of the century. Similarly, February 2005 was the driest February on record since 1977. Given the frequency of past events, Woodburn, agreeing with Marion County, estimates a high probability and vulnerability to drought events. On Page 45, Paragraph 3 of the "Flood" subsection, delete sentences one and two, and replace with the following paragraph: mm Marion County estimates a high probability that flooding will occur in the future. During the 2010 -11 update, Marion County amended the county flood vulnerability rating from moderate to high. Woodburn concurs with the County flood probability assessment; the probability of flooding in Woodburn is high. With an estimate of moderate, Woodburn varies from the county in its assessment of flood vulnerability. The following explanation and findings support the variation between the city and county vulnerability assessments. On Page 45, Paragraph 1 of the "Landslide" subsection, delete sentence two and replace with the following: &rrengy� them is ne eemprehensive list of landslide events an4ter- dates The Marion County NHMP lists a brief history of landslides in the count; there is no comprehensive list of landslide events forWoodburn and there limited evidence of past landslide activity. On Page 45, Paragraph 3 of the "Landslide" subsection, delete sentence one and replace with the following: 1 The Marion County NHMP estimates the probability and vulnerability to landslide as high and moderate respectively. On Page 49, Paragraph 3 of the "Wildfire' subsection, add the following sentence following the second sentences of the paragraph: With an estimate of low, Silverton varies from the county in its assessment of wildfire probability. The following explanation and findings support the variation between the city and county vulnerability assessments. Marion County Natural Hazards Mitigation Plan January 2011 Page 3 -15 105 ' r Woo �N Apw4 Wo*% 1xa , re,cd fbAY January 14, 2013 TO: Honorable Mayor and City Council through City Administrator FROM: Dan Brown, Public Works Director SUBJECT: APPROVAL OF COOPERATIVE IMPROVEMENT AGREEMENT RECOMMENDATION That Council adopt the attached resolution approving Cooperative Improvement Agreement No. 28835 ( "the Cooperative Agreement ") with the State of Oregon through the Oregon Department of Transportation (ODOT). BACKGROUND The combined project will include the reconstruction of the Woodburn Interchange to a partial cloverleaf (loop ramps in advance of the overcrossing structure of 1 -5), widening of 1 -5 at the OR 214 and OR 219 overcrossing structure, and widening of OR 214 and OR 219 approximately one -half (1 /2) mile on each side of the overcrossing structure. This design concept follows the Recommended Interchange Alternative, analyzed in the 2006 Revised Environmental Assessment and as defined in the prior approved Interchange Area Management Plan (IAMP). Included in the combined project is a new public transit facility and park- and -ride lot in the northeast quadrant of the Woodburn Interchange at the intersection of OR 214 and Evergreen Road and an extension of Evergreen Road from OR 214 to Country Club Court, as described in the Cooperative Agreement. In addition to combining the Woodburn Interchange and Evergreen Road Transit Facility projects into a single project for administrative and funding purposes, the Cooperative Agreement defines City of Woodburn funding obligations with regard to future maintenance of enhanced right -of -way, electrical service for enhanced lighting, and the operation and maintenance of the Evergreen Road Transit Facility. The enhanced landscaping and lighting associated with the Project are design features requested by the City and intended to provide a "Gateway to Woodburn" when completed and is referred to in the Cooperative Agreement as the "Gateway Design Package ". The "Gateway Design Package" was recommended by the appointed Citizen Agenda Item Review: City Administrator _x_ City Attorney _x_ Finance _x_ 106 Honorable Mayor and City Council January 14, 2013 Page 2 Advisory Committee commissioned to identify and recommend aesthetic enhancements to the Project that would define the community of Woodburn and distinguish the Woodburn Interchange from other interchanges along the I- 5 corridor. Council approved the Gateway Design Package on June 11, 2012. ODOT has identified that some advanced clearing work needs to be completed prior to the award of the construction contract in order to meet migratory bird regulatory requirements and avoid project delays. The City will perform clearing functions for ODOT and the Cooperative Agreement defines how the work shall be assigned and how the City shall be reimbursed for work performed. Work performed by the City and consistent with the conditions outlined in the Cooperative Agreement will be deducted from the $5,500,000 the City has remaining to contribute towards the Project. FINANCIAL IMPACT Approval of the Cooperative Agreement will obligate the City of Woodburn to long -term operational and maintenance expenditures in sustaining the Gateway Design Package of the combined Woodburn Interchange and Evergreen Road Transit Facility project. The annual cost for operation and maintenance of the enhanced features associated with the Gateway Design Package are estimated at $60,000 per year. These expenditures will be budgeted annually within the Street fund (Fund 140). Additionally, approval of the Cooperative Agreement will allow the City to recover Project support expenditures from the remaining $5,500,000 of the $8,000,000 committed as the City's contribution to the overall Project cost. These support costs are currently estimated at $1,500,000 for clearing and reimbursed utility relocation costs. Upon approval of the Cooperative Agreement, staff will prepare a supplementary budget that will allow Project related expenditures to be funded in FY 12 -13 from the Transportation System Development Charges Fund (Fund 376) . Attachment A. City Obligations under Cooperative Improvement Agreement No. 28835 107 Attachment A City Obligations under Cooperative improvement Agreement No. 28835 The following is a list of the key City obligations under the Cooperative Agreement: • Upon Completion of the Project, City shall at its own expense: • Maintain all features of the Gateway Design Package • Pay all electrical energy costs for features of the Package • Maintain all landscaping • City's total financial contribution toward the Project is limited to $8,000,000 o State and City agree that $2,500,000 provided by the City to State in 2004 to acquire the Zimmel property is included as part of the City's total financial contribution. City's balance of financial contribution towards the Project at this time equals $5,500,000. o City's total contribution, equal to the balance owed of $5,500,000 is due no later than two (2) years from the date State issues a "Notice to Proceed" for construction of the Project. • City shall be permitted to credit against its balance of financial contribution to the Project certain items of work specifically so described: o Fifty (50) percent of all non - reimbursable utility relocation costs (as outlined in MC&A 25169); and o One Hundred (100) percent of costs of tree removal and other construction and engineering services authorized by this Agreement and the State's Project Manager. • City shall, at its own expense remove all trees and shrubs within the Project right of way, as identified in the Agreement. • City agrees to waive all required City fees associated with the planning, design, permitting, and construction of this Project (e.g. hook -up fees, meter fees, permit fees). • City shall be responsible, at its own expense, for removal, storage, and reinstallation of the "Welcome to Woodburn" sign currently located at the northwest corner of the intersection of OR 219 and Evergreen Road. • City grants permission to allow State to connect the OR 214 storm water sewer line to City's 48" storm sewer trunk line at the manhole at station HSC 562 +67.6, 49.5 feet right in Settlemier Avenue. • City will coordinate efforts with Marion County to inform the public of alternate routes on their respective websites during construction of the Project. 108 Attachment A • In accordance with City Resolution No. 2017, City agrees to allow State to conduct night work, waiving the requirements of the City of Woodburn's Ordinance No. 2312 (Noise Ordinance) for the duration of Project construction. • City shall maintain all new roadway and storm water systems constructed by State as a part of the Project on local streets intersecting OR 214/219, and the storm water laterals within the Transit Facility and park- and -ride lot. • City shall maintain e- vehicle charging stations and pay power costs for the Transit Facility, including park- and -ride lot lighting and electric vehicles charging stations. City shall have the power company send bills directly to City. • When the City hires any outside contractor(s) and subcontractor(s) to perform work on the Project, those contractors shall specifically agree to indemnify the State from any injury due to the contractors actions. The City shall include in its agreement with such contractors the contractor's duty to indemnify the State • As to any third party claims, there is no indemnification clause. Both the State and City are entitled to participate in defense of the claim with legal counsel of their own choosing. If there is a legal determination that the State and City are jointly liable on a third party claim, the State and City agree to contribute to the amount of expenses (including attomeys' fees) in such proportion as is appropriate to reflect the relative fault of both parties. The relative fault of the State and City shall be determined by the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses. 109 COUNCIL BILL NO. 2916 RESOLUTION NO. 2025 A RESOLUTION APPROVING COOPERATIVE IMPROVEMENT AGREEMENT NO. 28835 WITH THE STATE OF OREGON THROUGH THE OREGON DEPARTMENT OF TRANSPORTATION AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SAID AGREEMENT WHEREAS, the City desires to enter into an agreement with the State of Oregon through the Oregon Department of Transportation (ODOT) for combining the Woodburn Interchange project and the Evergreen Road Transit Facility project into a single project; and WHEREAS, ODOT has prepared and approved Cooperative Improvement Agreement No. 28835 in the form attached to this Resolution as Exhibit "A "; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City agrees to all the terms and conditions identified in Cooperative Improvement Agreement No. 28835, which is attached to this Resolution as Exhibit "A ". Section 2. That the City Council authorizes the City Administrator to sign Cooperative Improvement Agreement No. 28835 on behalf of the City in the form attached to this Resolution as Exhibit "A." Approved as to form: City Attorney Passed by the Council Submitted to the Mayor Approved by the Mayor Date Approved: Kathryn Figley, Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder Page 1 - COUNCIL BILL NO. 2916 RESOLUTION NO. 2025 110 Exhibit A Misc. Contracts and Agreements No. 28835 Oregon Department of Transportation COOPERATIVE IMPROVEMENT AGREEMENT Interstate 5 (1 -5) at Woodburn Interchange and Transit Facility City of Woodburn THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State;" and the CITY OF WOODBURN, acting by and through its designated officials, hereinafter referred to as "City;" both herein referred to individually or collectively as "Party' or "Parties." RECITALS Interstate 5 (Pacific Highway) and Oregon Route 214 /Oregon Route 219 (Hillsboro - Silverton Highway) are part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission (OTC). Oregon Route 214/219 (OR 214/219) is routed through the corporate limits of the City of Woodburn. Various city streets listed are mentioned throughout the terms of this Agreement and are under the jurisdiction and control of City. 2. By the authority granted in Oregon Revised Statutes (ORS) 190.110, 366.572 and 366.576, State may enter into cooperative agreements with counties, cities and units of local governments for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 3. By the authority granted in ORS 366.425, State may accept deposits of money or an irrevocable letter of credit from any county, city, road district, person, firm, or corporation for the performance of work on any public highway within the State. When said money or a letter of credit is deposited, State shall proceed with the project. Money so deposited shall be disbursed for the purpose for which it was deposited. 4. State, by ORS 366.220, is vested with complete jurisdiction and control over the roadways of other jurisdictions taken for state highway purposes. By the authority granted in ORS 373.020, the jurisdiction extends from curb to curb, or, if there is no regular established curb, then control extends over such portion of the right of way as may be utilized by State for highway purposes. Responsibilities for and jurisdiction over all other portions of city street remains with the City. 5. By the authority granted in ORS 810.210, State is authorized to determine the character or type of traffic control devices to be used, and to place or erect them upon state highways at places where State deems necessary for the safe and expeditious control of traffic. No traffic control devices shall be erected, maintained, or operated upon any state highway by any authority other than State, except with its written Key Nos. 12518 and 15739 111 Exhibit A City of Woodburn /State of Oregon — Dept. of Transportation Agreement No. 28835 approval. Traffic signal work on this project will conform to the current State standards and specifications. 6. Oregon Jobs and Transportation Act of 2009 (JTA) Program, hereinafter referred to as the "JTA of 2009 Program," provides funding for preservation and modernization projects chosen by the OTC. 7. Projects named in Section 64 of the 2009 Legislative Assembly, Oregon House Bill (HB) 2001, as well as projects approved by the OTC pursuant to Section 64(3), were amended into the Statewide Transportation Improvement Program (STIP), including the project identified herein. 8. Governor Kulongoski signed HB 2001 on July 29, 2009, Chapter 865, Oregon Laws 2009. This legislation also known as the Oregon Jobs and Transportation Act, is the transportation funding plan for accountability, innovation and environmental stewardship; highway, road and street funding, and multimodal funding. On October 21, 2009 the OTC approved projects relating to this legislation. A portion of the project described herein is funded by the JTA of 2009 Program. 9. The Interstate 5 (1 -5) interchange area at OR 214 and OR 219 (Woodburn Interchange) has experienced capacity deficiencies and extensive motor vehicle queuing for many years and does not meet current design and operational standards. The Woodburn Interchange has become heavily congested as urban development has increased traffic in the area, and the capacities of local arterial streets served by the interchange are limited by the size of the existing structure. Future growth in the area will increase congestion problems, increase the difficulty to access adjacent businesses, and decrease the safety of drivers, bicyclists, and pedestrians. 10.The proposed Woodburn Interchange project was evaluated by the State and Federal Highway Administration (FHWA) in an Environmental Assessment (EA) published in July 2005, which was circulated for public and other federal, state, and local agency review. Public testimony and agency comments were reviewed and responded to in the November 2006 Revised Environmental Assessment (REA). FHWA issued a Finding of No Significant Impact for this project on December 8, 2006. Since the publication of the 2006 REA, the project design has been modified and changes have occurred in the affected environment and to regulations and policies relevant to the proposed project. A Re- Evaluation of the 2005 EA and 2006 REA resulted in the Re- Evaluation of the 2005 Woodburn Interchange Project Environmental Assessment dated July 2012, which combined the Woodburn Interchange Project (Key No. 12518) with the Transit Facility /Evergreen Road Project (Key No. 15739). 11. Cooperative Improvement Agreement No. 25169, entered into between State and City was fully - executed on May 10, 2012, and adopts the alignment of Evergreen Road and the basic site plan for, and access to, the Transit Facility. Page 2 of 32 112 Exhibit A City of Woodburn / State of Oregon — Dept. of Transportation Agreement No. 28835 12.The 2005 EA established the aesthetics goal for this project, which is to: "create a gateway entrance to Woodburn." The EA also states that State will "design gateway intersections at 1 -5 as community enhancement areas with features appropriate to community urban design goals." In response, the Woodburn City Council appointed a 13- member Aesthetic Advisory Panel to work with the State's design team to develop design enhancements that will make the Woodburn Interchange stand out among other Willamette Valley 1 -5 interchanges. During the fall and winter of 2011 the panel met to discuss and design themes and evaluate various treatments for the interchange including special lighting and landscaping. The panel provided guidance on design themes and feedback on the look of proposed design features. The community -led vision for the overall Gateway Design Package was selected by consensus of the panel members at their April 4, 2012 meeting and approved by the Woodburn City Council on June 11, 2012. The approved Gateway Design Package will be incorporated into the plans and specifications of the project described herein. DEFINITIONS 1. Relinquishment Deed, as defined in Oregon Department of Transportation's Right of Way Bulletin Number RW080 -10(B) is a conveyance document used by the State to convey a fee title (and /or easement) property interest that was acquired by the State to a local agency for public road purposes. 2. The Filterra Stormwater Bioretention Filtration SystemTm is a combination of landscape vegetation and a specially designed filter media that captures bacteria, metals, nutrients, and total suspended solids (TSS) that will be removed from City's and State's stormwater management systems. NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it is agreed by and between the Parties hereto as follows: TERMS OF AGREEMENT Under such authority, and as recommended by the 2012 REA, State and City agree to combine the Woodburn Interchange and Evergreen Road Transit Facility projects. Separately the projects are further described in Miscellaneous Contracts and Agreements (MC&A) No. 21374, No. 22933, No. 23240, No. 25169, and No. 27310. State and City agree to design, bid and construct the 1 -5 Woodburn Interchange and Evergreen Transit Facility projects as one, hereinafter referred to as "Project." 2. The Project includes the reconstruction of the Woodburn Interchange to a partial cloverleaf -A (loop ramps in advance of the overcrossing structure of 1 -5), widen 1 -5 at the OR 214 and OR 219 overcrossing structure (Bridge) and approximately one -half (1/2) mile of each highway predominantly northerly of the existing centerline, depending on the existing conditions of the segment. This design concept follows the Recommended Interchange Alternative, analyzed in the 2006 REA. As described in the Project's Interchange Area Management Plan (IAMP) and in MC&A No. 25169, Page 3 of 32 113 Exhibit A City of Woodburn / State of Oregon — Dept. of Transportation Agreement No. 28835 the Project also includes a new public transit facility and park- and -ride lot in the northeast quadrant of the Woodburn Interchange at the intersection of OR 214 and Evergreen Road; and an extension of Evergreen Road north of OR 214 to Country Club Court, to support multi -modal use. The vicinity and general plan of the Project are approximately as shown on the sketch maps attached hereto, marked "Exhibit A -1 and Exhibit A -2," and by this reference made a part hereof. The Project is pursuant to FHWA directive. 3. As part of the Project construction and in accordance with Recitals, Paragraph No. 12, the approved Gateway Design Package will include, but is not limited to: a. decorative protective screening and lighting on the Bridge; b. unique sign bridge design at each end of the Bridge and east of the Bridge near the intersection of OR 214 and Lawson Avenue, for a total of three (3) sign bridges; c. sound wall colored block surface treatment; d. colored concrete paving on the sidewalk on parts of OR 214 near the intersection with Evergreen Road and the Transit Facility transfer platform; e. landscaping at both ends of the Bridge, inside the interchange loop ramps, and around and within the storm water detention ponds; and f. a wall at the top of the drainage swale in the southwest quadrant of the Woodburn Interchange. 4. Upon Project completion, City shall, at its own expense, maintain and pay all electrical energy costs for the features of the Gateway Design Package, maintain all landscaping as described in City Obligations, Paragraph Nos. 14 and 15, and have maintenance responsibilities for all improvements made to City streets. 5. Electrical energy costs and maintenance responsibilities for the signalized intersections included within the limits of this Project will remain as originally agreed to by State and City in MC &A No. 10754, No. 11362, No. 14571, and No. 17227. State shall maintain the signs and sign bridges over the Hillsboro - Silverton Highway, one on each side of the Bridge and east of the Bridge near the intersection of OR 214 and Lawson Avenue, as defined in MC &A 18079. 6. The cited right of way alignment of Evergreen Road and the new Access Road is shown in "Exhibit B -1," attached hereto and by this reference made a part hereof. 7. Right of way to be purchased by State and relinquished to City for the extension of Evergreen Road north of OR 214 for the transit facility portion of the Project, and parts of other City streets for the 1 -5 Woodburn Interchange portion of the Project, are as Page 4 of 32 114 Exhibit A City of Woodburn /State of Oregon — Dept. of Transportation Agreement No. 28835 approximately shown in "Exhibit B -2, attached hereto and by this reference made a part hereof include: a. Arney Road; b. Woodland Avenue (north of OR 219); c. Willow Avenue (north of OR 219); d. Evergreen Road (north of OR 214); e. Access Road (connecting to Evergreen Road, north of OR 214); f. Country Club Road (north of OR 214); g. Broughton Way (north of OR 214); h. Oregon Way (south of OR 214); i. Lawson Avenue (south of OR 214); j. Evergreen Road (south of OR 214); and k. Cascade Drive (south of OR 214). 8. State shall, upon completion of the Project, transfer by relinquishment deed to City, State -owned property as shown on "Exhibits B -1 and B -2.° The relinquishment will be initiated by State upon completion and acceptance of the Project by State and City. City shall maintain that property and the improvements constructed thereupon for as long as the property is used for highway purposes. If said property is no longer used for highway purposes, it shall automatically revert to State. 9. Evergreen Road is being built by State as part of the Project and upon completion will serve as the official "Detour Route" during construction of the new Woodburn Interchange. It is the only such route that is part of the Project's Traffic Control Plan. All other routes designated for use by cars and trucks to avoid the Project construction area shall be part of an "Alternate Routes Plan" developed by the City and Marion County and will be designated as "Alternate Routes" to distinguish them from the State's "Detour Route". The City will coordinate efforts with Marion County to inform the public of 'Alternate Routes' on their respective websites. State will support their efforts by supplying public communication materials and links on State's websites to the City and Marion County websites regarding "Alternate Routes ". 10.The Project will be financed at an estimated cost of approximately $80,000,000 in federal, State, JTA, and City funds. The estimate for the total Project cost is subject to change. City's total financial contribution toward the Project is limited to $8,000,000, Page 5 of 32 115 Exhibit A City of Woodburn / State of Oregon — Dept. of Transportation Agreement No. 28835 as further described in Terms of Agreement, Paragraph No. 11. State shall be responsible for the match to the federal funds, any non - participating costs, and all Project costs beyond City's contribution. 11.State and City entered into MC &A No. 23240 on June 6, 2006 which describes the Woodburn Interchange Funding Plan. As identified therein, City's total financial obligation towards the reconstruction of the Woodburn Interchange is $8,000,000. Further, State and City agree that $2,500,000 provided by the City to State in 2004 (MC&A No. 21374) to acquire the Zimmel property is included as part of the City's total financial contribution. City's balance of financial contribution towards the Project at this time equals $5,500,000 and may be met through credits as agreed between the Parties in Terms of Agreement, Paragraph No. 12. City's total contribution, equal to the balance owed of $5,500,000 is due no later than two (2) years from the date State issues a "Notice to Proceed" for construction of the Project. 12.City shall be permitted to credit against its balance of financial contribution to the Project certain items of work specifically so described: a. Fifty (50) percent of all non - reimbursable utility relocation costs (as outlined in MC&A 25169); and b. One Hundred (100) percent of costs of tree removal and other construction and engineering services authorized by this Agreement and the State's Project Manager. 13.City shall keep accurate records of all expenditures so credited to City's financial contribution in a form approved by the State's Project Manager and sufficient to comply with a State audit, and keep such records for the time period specified herein. At the time the City's contribution for the Project is due to the State, the City shall submit with its contribution an itemized accounting by work item for which a credit has been claimed. If at the time the balance payment to the State is due and the City is still performing work for which credit is being claimed, an amount sufficient to cover the estimated final costs of the claimed credit shall be negotiated with the State's Project Manager for this Agreement. 14.This Agreement shall become effective on the date all required signatures are obtained and shall remain in effect for the purpose of ongoing maintenance and operation responsibilities for the useful life of the facilities constructed as part of the Project. Only work begun after the effective date of this Agreement is eligible for reimbursement with funds available under the JTA of 2009 Program. The useful design life of the Project's roadway improvements is defined as twenty (20) calendar years. The useful life of the Bridge structure is defined as seventy -five (75) calendar years. The Project shall be completed within ten (10) calendar years following the date of final execution of this Agreement by both Parties. Page 6 of 32 116 Exhibit A City of Woodburn / State of Oregon — Dept. of Transportation Agreement No. 28835 15.The funds available under the JTA of 2009 Program are State Highway Funds. To be eligible for reimbursement under the JTA of 2009 Program, expenditures must comply with the requirements of Article IX, Section 3a of the Oregon Constitution. 16.City and State have a joint obligation to ensure timely expenditure of the JTA of 2009 Program funds and to comply with the provisions of the bonds that finance the JTA of 2009 Program. CITY OBLIGATIONS City shall, upon receipt of a fully executed copy of this Agreement and upon a subsequent letter of request from State, forward to State an itemized accounting by work item for which a credit toward City's financial obligation has been claimed. If at the time the balance payment to the State is due, and the City is still performing work for which a credit is being claimed, an amount sufficient to cover the estimated final costs of the claimed credit shall be negotiated with the State's Project Manager for this Agreement. Statements of work to be credited shall be submitted monthly and in a format approved by the State's Project Manager. 2. City shall perform engineering and construction services at State's direction, including but not be limited to, tree removal services and temporary fencing, as described below. Construction services may, at the State Project Manager's direction, include construction inspection. Such inspection must be performed by personnel qualified to perform inspection on federally- funded projects. All services shall only be performed upon receipt of a notice to proceed from the State's Project Manager. The accounting and crediting of costs for services in addition to tree removal shall follow the provisions as shown in Terms of Agreement, Paragraph No. 10. The total amount for services to be rendered, without additional funding authorization of the State's Project Manager is $200,000. Services exceeding $200,000 may be authorized upon submittal by City of a description of the services and an itemized cost estimate signed by the City Public Works Director and approval by the State's Project Manager. 3. City agrees, at its own expense and upon receiving a Notice to Proceed from State on specific properties, to remove all trees and shrubs within the Project right of way, as identified in "Exhibit C," attached hereto and by this reference made a part hereof. Removal of trees and shrubs shall be in accordance with the Migratory Bird Treaty Act (16 U.S.C. 703 -712) and ODOT Highway Division Directive ENV 01 -01 unless specified trees and shrubs are monitored by the United States Department of Agriculture, Animal and Plant Health Inspection Service (APHIS). City's costs for said work shall be credited toward the City's financial contribution toward the Project. City shall keep accurate cost accounting records of work performed and send to State's Project Manager a monthly statement of costs. The cost of tree and shrub removal shall not exceed a total amount of $100,000. Prior to incurring any costs for tree and shrub removal over $100,000, City shall obtain authorization from State. Page 7 of 32 117 Exhibit A City of Woodburn / State of Oregon — Dept. of Transportation Agreement No. 28835 4. City agrees to waive all required City fees associated with the planning, design, permitting, and construction of this Project (e.g. hook -up fees, meter fees, permit fees). 5. City shall be responsible, at its own expense, for removal, storage and reinstallation of the "Welcome to Woodburn" sign currently located at the northwest corner of the intersection of OR 219 and Evergreen Road. 6. City grants permission to allow State to connect the OR 214 storm water sewer line to City's 48" storm sewer trunk line at the manhole at station HSC 562 +67.6, 49.5 feet right in Settlemier Avenue. 7. City agrees to allow State's contractor the use of Stacy Allison Road for access to the construction staging area in the southeast quadrant of the Project. Upon completion of the Project, State shall repair damage to Stacy Allison Road caused by Project construction at its own expense. 8. City will coordinate efforts with Marion County to inform the public of alternate routes on their respective websites during construction of the Project. 9. In accordance with City Resolution No. 2017, attached hereto as "Exhibit D ", and by this reference made a part hereof, City agrees to allow State to conduct night work, waiving the requirements of the City of Woodburn's Ordinance No. 2312 (Noise) for the duration of Project construction. 10. City shall, upon completion and acceptance of Project by State and City, accept all jurisdiction, maintenance, and control of Evergreen Road, the new Access Road, and other City streets modified by the Project as shown in Exhibit B -2, and maintain them as a part of its city street system as long as needed for the service of persons living thereon or a community served thereby. If said right of way is no longer used for public street purposes, it shall automatically revert to State. Acceptance by City of said right of way shall be as defined in Terms of Agreement Paragraph No. 8. 11. City agrees to comply with and enforce all access restrictions adopted by the Project on: a. OR 219 and OR 214; b. Evergreen Road, Country Club Road and Oregon Way (north and south of OR 214); c. the new Access Road; d. Woodland Avenue and Arrney Road (north of OR 219); and e. Lawson Avenue and Cascade Drive (south of OR 214). Page 8 of 32 118 Exhibit A City of Woodburn / State of Oregon — Dept. of Transportation Agreement No. 28835 12. City shall maintain all new roadway and storm water systems constructed by State as a part of the Project on local streets intersecting OR 214/219, and the storm water laterals within the Transit Facility and park- and -ride lot. 13.City shall maintain the electric power infrastructure and vehicle chargers for the electric vehicle charging stations in the park- and -ride lot for the Transit Facility, as shown by the sketch map, attached hereto marked as "Exhibit E," and by this reference made a part hereof. City shall maintain and pay the power costs for the Transit Facility, including park- and -ride lot lighting and electric vehicles charging stations. City shall have the power company send bills directly to City. 14.City shall maintain the following elements of the Gateway Design Package in perpetuity and in accordance with Highway Division Directive No. DES 20 -01 attached hereto as "Exhibit I" and by this reference made a part hereof, following the first year after Project completion: a. Gateway Design Package landscaping in the areas shown as City responsibility in "Exhibit F," attached hereto and by this reference made a part hereof, including, but not limited to, landscaping at both ends of the Bridge, inside the interchange loop ramps, and around and within the storm water detention ponds. 15. City shall maintain the following elements of the Gateway Design Package in perpetuity, immediately following Project completion: a. Electrical energy costs of lighting fixtures and lighting sources for decorative arch lighting on the OR 214/219 Bridge over 1 -5. City shall have the power company send bills directly to City. b. Maintenance and operation of the decorative arch lighting c. Colored paving on the sidewalks of the Project and on the Transit Facility transfer platform, as shown in "Exhibit G ". d. Sound wall colored block surface treatment, except on sound wall on 1 -5, as shown on Exhibit H, attached hereto and by this reference made a part hereof. e. Retaining walls in loop ramps. Graffiti removal from the wall at the top of the drainage swale in the southwest quadrant of the Woodburn Interchange. 16.City agrees that if City Council does not approve the maintenance responsibilities listed under City Obligations, Paragraph Nos. 14 and 15 of this Agreement, the specific Gateway Design Package elements described therein, for which maintenance is not approved, shall not be constructed as part of the Project. Page 9 of 32 119 Exhibit A City of Woodburn /State of Oregon — Dept. of Transportation Agreement No. 28835 17.All employers, including City, that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Employers Liability insurance with coverage limits of not less than $500,000 must be included. City shall ensure that each of its contractors complies with these requirements. 18. City shall perform the service under this Agreement as an independent contractor and shall be exclusively responsible for all costs and expenses related to its employment of individuals to perform the work under this Agreement including, but not limited to, retirement contributions, workers' compensation, unemployment taxes, and state and federal income tax withholdings. 19. City acknowledges and agrees that State, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of City which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of six (6) years after completion of Project. Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by State. 20.City shall require its contractor(s) and subcontractors) that are not units of local government as defined in ORS 190.003, if any, to indemnify, defend, save and hold harmless the State of Oregon, Oregon Transportation Commission and its members, Department of Transportation and its officers, employees and agents from and against any and all claims, actions, liabilities, damages, losses, or expenses, including attorneys' fees, arising from a tort, as now or hereafter defined in ORS 30.260, caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of City's contractor or any of the officers, agents, employees or subcontractors of the contractor ( "Claims "). It is the specific intention of the Parties that the State shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the State, be indemnified by the contractor and subcontractor from and against any and all Claims. 21.Any such indemnification shall also provide that neither the City's contractor and subcontractor nor any attorney engaged by City's contractor and subcontractor shall defend any claim in the name of the State of Oregon or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. The State of Oregon may, at anytime at its election assume its own defense and settlement in the event that it determines that City's contractor is prohibited from defending the State of Oregon, or that City's contractor is not adequately defending the State of Oregon's interests, or that an important governmental principle is at issue or that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all Page 10 of 32 120 Exhibit A City of Woodburn / State of Oregon — Dept. of Transportation Agreement No. 28835 rights to pursue claims it may have against City's contractor if the State of Oregon elects to assume its own defense. 22. City shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this Agreement, including, without limitation, the provisions of ORS 279C.505, 279C.515, 279C.520, 279C.530, and 279B270 incorporated herein by reference and made a part hereof. Without limiting the generality of the foregoing, City expressly agrees to comply with (i) Title Vi of Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 23. If City enters into a construction contract for performance of work on the Project, then City will require its contractor to provide the following: a. Contractor shall indemnify, defend and hold harmless State from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature whatsoever resulting from, arising out of, or relating to the activities of Contractor or its officers, employees, subcontractors, or agents under the resulting contract. b. Contractor and City shall name State as a third party beneficiary of the resulting contract. c. Commercial General Liability. Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the resulting contract, Commercial General Liability Insurance covering bodily injury and property damage in a form and with coverages that are satisfactory to State. This insurance will include personal and advertising injury liability, products and completed operations. Coverage may be written in combination with Automobile Liability Insurance (with separate limits). Coverage will be written on an occurrence basis. If written in conjunction with Automobile Liability the combined single limit per occurrence will not be less than $1,000,000 for each job site or location. Each annual aggregate limit will not be less than $2,000,000. d. Automobile Liability. Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the resulting contract, Commercial Business Automobile Liability Insurance covering all owned, non - owned, or hired vehicles. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits). Combined single limit per occurrence will not be less than $1,000,000. e. Additional Insured. The liability insurance coverage, except Professional Liability, Errors and Omissions, or Workers' Compensation, if included, required for Page 11 of 32 121 Exhibit A City of Woodburn / State of Oregon — Dept. of Transportation Agreement No. 28835 performance of the resulting contract will include State and its divisions, officers and employees as Additional Insured but only with respect to Contractor's activities to be performed under the resulting contract. Coverage will be primary and non - contributory with any other insurance and self- insurance. Notice of Cancellation or Change. There shall be no cancellation, material change, potential exhaustion of aggregate limits or non - renewal of insurance coverage(s) without thirty (30) days written notice from Contractor's or its insurer(s) to State. Any failure to comply with the reporting provisions of this clause will constitute a material breach of the resulting contract and will be grounds for immediate termination of the resulting contract and this Agreement. 24. City grants State the right to enter onto City right of way for the performance of duties as set forth in this Agreement. 25.City shall obtain a miscellaneous permit to occupy State right of way, as required for tree and brush removal, through the State District 3 Office prior to the commencement of work. 26.City certifies, at the time this Agreement is executed, that sufficient funds are available and authorized for expenditure to finance costs of this Agreement within City's current appropriation or limitation of the current budget. City further agrees that they will only submit financial accounting statements to State on work that has been performed and paid for by City. 27. City certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of City, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind City. 28. City's Project Manager for this Project is Dan Brown, Public Works Director, City of Woodburn, 270 Montgomery Street, Woodburn, Oregon 97071; phone: (503) 982- 5240; email: dan.brown(a)ci.woodburn.or.us or assigned designee upon individual's absence. City shall notify the other Party in writing of any contact information changes during the term of this Agreement. STATE OBLIGATIONS State shall, upon execution of this Agreement, forward to City a letter of request for an accounting by work item for which a credit toward City's financial obligation has been claimed. If at the time the balance payment to the State is due, and the City is still performing work for which a credit is being claimed, an amount sufficient to cover the estimated final costs of the claimed credit shall be negotiated with the State's Project Manager for this Agreement. Statements of work to be credited shall be submitted monthly and in a format approved by the State's Project Manager. Page 12 of 32 122 Exhibit A City of Woodburn / State of Oregon — Dept. of Transportation Agreement No. 28835 2. Upon completion of the Project, State shall send to City a bill, if needed, for the amount which, when added to City's advance accounting of financial credit, will equal 100 percent of the total City's financial contribution to the Project, less credited amounts under this Agreement. 3. State shall be responsible for all costs associated with construction and installation of the Project, except as defined in Terms of Agreement Paragraphs No. 11 and 12. 4. State shall conduct the necessary field surveys, environmental studies, traffic investigations, preliminary engineering and design work required to produce and provide final plans, specifications and cost estimates for the highway Project; identify and obtain all required permits; acquire all right of way; perform all construction engineering, including all required materials testing and quality documentation; prepare all bid and contract documents; advertise for construction bid proposals; award all contracts; pay all contractor costs, provide technical inspection, Project management services and other necessary functions for sole administration of the construction contract entered into for this Project. 5. State shall place signs that identify the Project as "Oregon Jobs and Transportation Act'. City may affix additional signage that identifies local funds used for the Project. 6. State shall provide progress information and photographs in a suitable format for posting on the State's JTA of 2009 Program web site. 7. Upon completion of the construction of the Evergreen Road extension, and during construction of the Project, State shall notify and keep the public informed of the Evergreen Road detour route. State will support the efforts of City and Marion County by supplying public communication materials and links on State's websites to the City and Marion County websites regarding alternative routes around construction of the Project. 8_ State shall temporarily relocate and permanently re- install as part of the Project, the blue local business signs approved and placed by the Oregon Travel Experience. 9. State shall, as part of the Project, install electric power infrastructure to enable the City to install Electrical Vehicle (EV) charging stations in the park- and -ride lot of the Transit Facility as identified in "Exhibit E °. 10. State will construct and maintain the required Project stormwater system constructed within State right of way. 11.State will train City staff on operation and maintenance of the decorative Bridge lighting. 12.State shall be responsible to inspect and maintain the load- carrying structural elements of the Bridge. These elements will include the Bridge slab /deck, the Page 13 of 32 123 Exhibit A City of Woodburn /State of Oregon — Dept. of Transportation Agreement No. 28835 abutments and their foundations, the Bridge rail, end panels, and the concrete cantilever retaining walls retaining the 1 -5 embankment fill slopes, excluding all architectural features described in City Obligations as part of the Gateway Design Package. 13.State shall be responsible to inspect and maintain the load- carrying structural elements and signs of the sign bridges located at each end of the Bridge and near the intersection of OR214 and Lawson Avenue. 14.State shall be responsible for illumination, signing, inspection, turn -on and signal timing. State shall, upon signal turn on and proper operation, perform all necessary maintenance of said traffic signals, control the timing established for operation of the traffic signals and pay for 100% of maintenance costs for the traffic signals, luminaires installed by the Project at signalized intersections and signal control devices. 15. Upon completion of the Project and acceptance by State and City, State shall relinquish to City all right of way, as approximately shown in "Exhibits B -1 and B -2 ", for as long as such right of way shall be publicly owned and used for transportation purposes. If said right of way is no longer used for public street purposes, it shall automatically revert to State. State shall provide the appropriate recorded documents to City. Such documents will contain the reversionary clause and the access control provisions described in MCBA No. 26159. 16. State shall have the following maintenance responsibilities: a. For the first year after Project completion, Gateway Design Package including, but not limited to, landscaping at both ends of the Bridge, inside the interchange loop ramps, and around and within the storm water detention ponds. b. In perpetuity, following completion of the Project, landscaping in the areas shown as State responsibility in "Exhibit F." c. Replenishing soil mix in the bioswales indicated in "Exhibit F ". d. Maintaining the Filterra Stormwater Bioretention Filtration SystemM on OR 219 and OR 214 within the Project limits, as shown in "Exhibit F. e. Structural damage to sign bridges and decorative screen on the Bridge and the wall at the top of the drainage swale in the southwest quadrant of the Woodburn Interchange. f. Structural damage to all sound walls constructed as part of this Project. 17.State shall cause to be relocated or reconstructed, all privately or publicly owned utility conduits, lines, poles, mains, pipes, and all other such facilities of every kind and nature where such relocation or reconstruction is made necessary by the plans of Page 14 of 32 124 Exhibit A City of Woodburn / State of Oregon — Dept. of Transportation Agreement No. 28835 the Project in order to conform the utilities and other facilities with the plans and the ultimate requirements for the portions of the Project which are on State right of way. 18.State grants authority to City to enter upon State right of way for the tree and shrub removal and other services as part of this Project as shall be provided for in miscellaneous permit to be issued by State District 3 Office. 19.State certifies, at the time this Agreement is executed, that sufficient funds will be available and authorized for expenditure to finance costs of this Agreement within State's current appropriation or limitation of the current biennial budget. 20. State's Project Manager for this Project is James T. Potter, ODOT, Area 3 Manager, 885 Airport Road SE, Building P, Salem, Oregon 97301 -4790; phone: (503) 986- 2764; email: iames .t.potter(7oAdot.state.or.us or assigned designee upon individual's absence. State shall notify the other Party in writing of any contact information changes during the terms of this Agreement. GENERAL PROVISIONS 1. This Agreement may be terminated by mutual written consent of both Parties. State may terminate this Agreement effective upon delivery of written notice to City, or at such later date as may be established by State, under any of the following conditions: a. If City fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If City fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as State may authorize. c. Because of legislative or other legal action, including but not limited to initiative petitions, there is failure to approve, reduction, elimination, or other interference with appropriations of state expenditure limitation to the extent that legal authority is insufficient to enable State, in its reasonable discretion, to continue making payments under this Agreement_ d. State, the Oregon Department of Justice, or a court of competent jurisdiction determines that state law, rules, regulation or guidelines are modified, changed, repealed or interpreted in such a way that the activities described in this Agreement are no longer allowable or no longer eligible for funding proposed by this Agreement. e. If City fails to provide payment of its share of the cost of the Project. Page 15 of 32 125 Exhibit A City of Woodburn / State of Oregon — Dept. of Transportation Agreement No. 28835 f. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. g. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or State is prohibited from paying for such work from the planned funding source. 3. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 4. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ( "Third Party Claim ") against State or City with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. 5. With respect to a Third Party Claim for which State is jointly liable with City (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by City in such proportion as is appropriate to reflect the relative fault of State on the one hand and of City on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of State on the one hand and of City on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding. 6. With respect to a Third Party Claim for which City is jointly liable with State (or would be if joined in the Third Party Claim), City shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of City on the one hand and of State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. Page 16 of 32 126 Exhibit A City of Woodburn / State of Oregon — Dept. of Transportation Agreement No. 28835 The relative fault of City on the one hand and of State on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. City's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. 7. The Parties shall attempt in good faith to resolve any dispute arising out of this Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non - binding arbitration) to resolve the dispute short of litigation. 8. If City fails to maintain facilities in accordance with the terms of this Agreement, State, at its option, may maintain the facility and bill City, seek an injunction to enforce the duties and obligations of this Agreement, or take any other action allowed by law. 9. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 10.This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either Party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. This Project is in the 2012 -2015 Statewide Transportation Improvement Program, Key No.'s. 12518 and 15739 that were adopted by the Oregon Transportation Commission on March 21, 2012 (or subsequently approved by amendment to the STIP). Page 17 of 32 127 Exhibit A City of Woodburn / State of Oregon — Dept. of Transportation Agreement No. 28835 CITY OF WOODBURN, by and through its designated officials By City Administrator Date APPROVED AS TO LEGAL SUFFICIENCY By City Legal Counsel Date By Assistant Attorney General City Contact Dan Brown, Director City of Woodburn Public Works Department 270 Montgomery Street Woodburn, OR 97071 Phone: (503) 982-5240 Email: dan.brown(a)ci.woodburn.or.us State Contact J. Tim Potter, Manager ODOT, Area 3 885 Airport Road SE, Bldg. P Salem, OR 97301 -4790 Phone: (503) 986-2764 Email: iames.t.00tter(@odot.state.or.us STATE OF OREGON, by and through its Department of Transportation By Highway Division Administrator Date APPROVAL RECOMMENDED By Technical Services Manager /Chief Engineer Date By State Right of Way Manager Date By State Traffic Engineer Date By Region 2 Manager Date By Region 2 Right of Way Manager Date By Area 3 Manager Date Page 18 of 32 128 Exhibit A City of Woodburn / State of Oregon — Dept. of Transportation Agreement No. 28835 EXHIBIT A -1 Project Vicinity Portland Mwinity Uap Page 19 of 32 129 b ' +v 4 yr ''tq� <yi sK. ( 1` �$�l�.4��+ �' • � 9� �; ..�. _ "Fwn. b •Nr�f�+h'lf �r��"'� � alb I.Y �j�J. I►iW i taM 1; If` �T. AA �. I filr fii y , l r1,a �"" I rr r. g `` n !r i R i Ry 4.'e i . Q � � L:� i �� iri � 3 , r y i w � •y 'l ii y ■ f � a 4t .S' i y :r •""i, p ....�r t y .Y k VrT y, ., ➢ °r•+ i ��� �._._'" ' Yr�:g1 ®lY a z }f,'y1'�K.. I .0.4 ♦ 1 o. - L i,y /�ri i4..rL deY pq �; y .i• tr ] K '� d t •.t Y i `""'� 4",;s �-r .t . r � i 9 } (h ,�ma,yy I , y.i, 1 q 2 � , � ,q i e ' � � 7 E �� a,-r $..j .'�h� "'3'! L� Y 1�at Ga i � 4 : •�'ti _ , 1-- � �` r t` �ti`�1��a + •mod � ` �� 'l� fi131 Y'r f �� fi i t 1_ l� ¢ t l�ti � •r��i, J I R' 7 � �•' t .iii P +�� Y..i L'rV �;Ja - ..5�4 h' � (t�t � 4 �.�� � ■ �� df �'Y �t. L I f F-/ ti y4"t 4 i�. zY -�s � q n'd � 'v 7 - .w n� .> / -./ /r �•..�., 16 _ = ��l.v_ -..W� �4w'� e_:, ,e �i�.' r.�.•n � w.�1 Exhibit A City of Woodburn / State of Oregon — Dept. of Transportation Agreement No. 28835 Page 21 of 32 131 EXHIBIT B -1 Evergreen Road and Access Road Right of Way Y l e!,, 5 ° y. •! a �` a Y/. o r H..( ♦ j D Y Y .� .I t tl! -- 1� L R I t •L ' N Ly s •i l .� {. �._ • I sir �tl t ± «.•� ♦ .` i I �_ .. xr /.I // _1 � +�• _. ,Y �i �_:� J a Y + � i• .' -�j I � l' � Y , ��` �S -4'R . 'I eA1'�'F"IF+IN }'t it 3i. kl i a4 , - A - wt� r '4 ' ®• 7 t.n � v, k ♦ei t, dl4y r,1it7�y I 4 } S � I 1 I er � F • `� r F. �- � -�: � 4 � J ,� 'j ?; Ynitrb � � � `� �; � I -� � -� � v @5 � 3 A � I '�e ��� � � � � j t �� � � { >/ .� 14ar�w5< . {` xyy.'r 1 i apz 59 ✓SE'S i. �a }�71 ' It �� , • "�f'� R .Ljw Y' •... Exhibit A City of Woodburn /State of Oregon — Dept. of Transportation Agreement No. 28835 EXHIBIT C TREE REMOVAL AREAS CLE r y ;l f � � j et � ��•' . I A.r� � � • 11t�� •' ■ r ■E ■r no WPM r Y. ib � �� .'r ■ '� rJ'. 3 ,.w,.•[ %32+re� � � ': �(i u.■ 7 it � �i � cU a �R� _ _ __ r4 f Il"Y fnt 4 ■ 1111�� 5 e'" �,. % � i is �.. � � � . '.:w iE .■�: ' a � rr ►n� ri: a Page 23 of 32 133 Exhibit A City of Woodburn / State of Oregon - Dept. of Transportation Agreement No. 28835 EXHIBIT D Noise Ordinance Waiver COUNCIL BILL NO. 2903 RESOLUTION NO. 2017 A RESOLUTION WAIVING APPLICATION OF ORDINANCE 2312 (THE NOISE ORDINANCE) FOR CONSTRUCTION ACTIVITY ASSOCIATED WITH THE WOODBURN INTERCHANGE AND TRANSIT FACILITY IMPROVEMENT PROJECT AND PROVIDING FOR CERTAIN CONDITIONS. WHEREAS, Ordinance 2312 ( "the Noise Ordinance ") was enacted to Protect, preserve, and promote the health, safety, and welfare of the residents of the City of Woodburn through the reduction, control, and prevention of loud raucous noise, or any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, pooco, or satcty of reasonable persons of ordinary sensitivity; and WHEREAS, the Oregon Department of Transportation (ODOT) intends to construct major improvements to the Woodburn Interchange during the period of the summer 2013 to the end of 2015 for a sum estimated at $79 million for enhancement of the statewide transportation system; and WHEREAS, ODOT has submitted a letter to the City requesting that the application of the Noise Ordinance be waived during the Woodburn Interchange Improvement and Transit Facility Project and agreeing to certain specified conditions; and WHEREAS, the Woodburn Interchange Improvement and Transit Facility Project is a major transportation infrastructure capital improvement project involving construction activities that generate high levels of noise that will be highly disruptive to the normal environment of residences and businesses in the vicinity of the construction site; and WHEREAS, compliance with the Noise Ordinance would prohibit nighttime construction activities of the Woodburn Interchange Improvement and Transit Facility Project and adversely impact the project delivery schedule and increase costs; and WHEREAS, prohibition of nighttime work would contribute to higher levels of daily traffic congestion that would pose a public safety risk with traffic backing out onto a major interstate freeway and restricting vehicular movement within the City and ability to provide timely emergency response; and WHEREAS, the Woodburn City Council has the authority in these circumstances to waive application of the Noise Ordinance and has Page 1 - COUNCIL BILL NO. 2903 RESOLUTION NO. 2017 Page 24 of 32 134 Exhibit A City of Woodburn / State of Oregon - Dept. of Transportation Agreement No. 28835 EXHIBIT D (cont'd) determined that such action is necessary to facilitate the needed construction activities; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That conditioned upon ODOT's inclusion of project specific noise reduction measures into the contract documents for the Woodbum Interchange Improvement and Transit Facility Project, the City Council waives the application of Ordinance 2312 (the Noise Ordinance) for the Woodburn Interchange Improvement and Transit Facility Project. Section 2 That the Woodburn Interchange Improvement Project specific noise reduction measures shall include the following: a. Pile driving operations that involve actual hammer driving not be performed between the hours of 9:00 pm and 7:00 am; b. Pile driving operations other than those involving actual hammer driving are considered construction activity permitted by the waiver of Ordinance 2312; c. Contractor shall provide 14 days advance notice to the City of scheduled nighttime construction activity. A single notification may cover a multi-month period. Notification shall include a description of the type of construction activity planned and the nature of noise residences and businesses should plan to expect during those nighttime operations; d. Use of an "observer" or "spotter" during nighttime work in lieu of back -up alarms will be utilized in the following areas of work on OR 219/214: • Willow Avenue to Woodland Avenue on OR 219 • Country Club Road /Oregon Way to Brought Way on OR 214 e. ODOT will endeavor to construct sound walls as early in the construction schedule as possible to assist with construction noise mitigation; f. Post the scheduled nighttime work and type of noise residents should anticipate on the ODOT Project website weekly or as modified. Also, publish the work schedule in the local newspaper weekly. Approved as to Form: • �" i 2 � f Z City Attorney at Page 2- COUNCIL BILL NO. 29133 RESOLUTION NO. 2017 Page 25 of 32 135 Exhibit A City of Woodburn / State of Oregon - Dept. of Transportation Agreement No. 28835 EXHIBIT D (cont'd) Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Ate "a�. -} -'� ''� Heather Pierson. Assistant City Recorder City of Woodburn, Oregon Page 3- COUNCIL BILL NO. 2403 RESOLUTION NO. 2017 Page 26 of 32 Ct - Ie - i']- Ct- _ s 9 -.a 136 Exhibit A City of Woodburn / State of Oregon - Dept. of Transportation Agreement No. 28835 Exhibit E Electric Vehicle Charging Stations Page 27 of 32 137 ENbT. Pa NAUUI In d - M INNEN UNU (NU. LEWAUM E N N IVM N ENANN C - - - , lIAI1011i 1X11 IUNN[ �. //f -- NPN Na RE TMUI6UANFR IINN PAG 1[I!• 11M M MMItIMI. >DIIIQ TO UM311 lM M-M I' !W. W II'U ODMNUi W Cq�lAll VIIUT' IIN11All ly' SW. tl PlV YplWli � HI' ANNL p PIU 4ANNIf - __ OR 214 IF w ':s iAC - FY d SUi1EN O N LA s AIUUiMNlO � m I a INm NAR 7.LU01i Page 27 of 32 137 City of Woodburn / State of Oregon — Dept of Transportation Agreement No. 28835 tlWaWaed bT QDM ■ MWWmW by dkt Gly ofWwdhe Hoewale (mainwed by UWU • ➢l (uWrbkad by 0DC() it EXHIBIT F Landscape Maintenance Areas /s ii ji Page 28 of 32 Exhibit A ire 138 Exhibit A City of Woodburn / State of Oregon – Dept. of Transportation Agreement No. 28835 EXHIBIT F (cont'd.) 'Wa ©�N CITY OF WOODBURN r13i:4(fd:7r ; 1 0 y :rlr r x Ip. 1 a .. l M; Aij The City of Woodbum(CILY) has idmdif" rneed. r%maeweathajed eohmced way & _. wsidm fiedmtheFavitmwmm�h lAsaesmteott� thg Dqwftmt ofi av rmjeet to peovi& s fivossble vleww appFipyc ahmced*b&c €vea93mdscPm9iar).&a in W, The �y w�m� the wed nOf walf),i Depmftmd- The bo 'iiaipa m m This need and Owen c to the lthat r the City Wades Fmd 140. Ue Public Wades s level of service and defied. tobepmvtdedbytbeseTechvep=Aes_ The advice mnufte with the Catp's gmmds nine the moat Dort effieetive moms to provide Emma 10maxinthekVdAer� The CitysbA*ffiemti*e hydofserviceidsmina out is emsstmtwitho8m gmmaam dlmdseapema >olmrwpeavided for publicfundw s Dwilefnds —coMe ditfeent lever of service are ns fivDom. sAtNrof- tie -a t invudeman" a 1wam kw"Nawy &w" umucaq+e 4"ftzw""% i b g ba,�C arbor amens, =ch nspaw mares, arells. gaverawe+aSraisuJs, ti*L Page 29 of 32 139 Exhibit A City of Woodburn / State of Oregon — Dept. of Transportation Agreement No. 28835 Page 30 of 32 140 EXHIBIT G SIDEWALK COLORED AREAS Exhibit A City of Woodburn / State of Oregon — Dept. of Transportation Agreement No. 28835 Exhibit H — Sound Walls ;Dtai )YiiL2 Iota: For purposes of iaintenence by the City, my noise wall numbers , 3 and 4 have colored Wall Location & Project fi mlaui 0 AP 37 7 1500 / Na /se Well 4 ' M0.1 61i 8acacie[a{ %"aVdvad.Ar Nglae Well !i Notre Wall Lo Woodburn Interchange Page 31 of 32 141 Exhibit A City of Woodburn / State of Oregon — Dept. of Transportation Agreement No. 28835 Exhibit I Highway Division DIRECTIVE n�ra DES 20-01 New ttre cmzaa'rt eartnw,mrie November 5, 2001 1 of 1 rsrarv� soatecr arexovauswvamae Ornamental Landscaping Irl rota R- -bag- PURPOSE: To establish process to review and approve installation and maintenance of ornamental landscaping along state highways. GUIDELINES When a local agency requests ornamental landscaping be included in a highway construction or maintenance project, the ongoing additional cost of maintenance of the landscaped area must be home by the local agency. Extensive ornamental landscaping will not be installed on state highways unless the local agency agrees to assume responsibility for the ongoing maintenance of the landscaped area. ODOT may provide fimds to the local agency in the amount estimated to maintain the area at the ordinary landscaped level, but the responsibility to perform the maintenance will fall to the local agency. DEFINITIONS Ornamental Landscaping: landscaping beyond minimal, ordinary landscape necessary for the protection of the highway and control of roadside erosion (hydroseeding of bare slopes). Wedand mitigation is not considered ornamental landscaping for the purpose of this directive. Extensive Ornamental Landscaping: ornamental landscaping beyond the landscape maintenance labor and equipment resources of the department. Local Agency: Requests ornamental landscaping on a highway project. Project Team Leader: In consultation with the appropriate District Manager, determines if requested landscaping is beyond ordinary landscaping. If so, negotiates the level of ornamental landscaping and method of fimdurg with local agency. Coordinates the writing of documents necessary to support the agreement with the local agency. Notifies Landscape Design to include the agreed upon landscape elements in the project design. Page 32 of 32 142 W ° °� N p 1 r„<o.ye.a„e +axr January 14, 2013 TO: Honorable Mayor and City Council, Acting as the Local Contract Review Board, through City Administrator FROM: Dan Brown, Public Works Director SUBJECT: CONTRACT AWARD SEWER CLEANING TRUCK PURCHASE RECOMMENDATION That Council, acting as the Local Contract Review Board, approve the contract award for the purchase of a new sewer cleaning truck to General Equipment for a total cost of $324,123. BACKGROUND Council appropriated funding for a new sewer cleaning truck with approval of the capital improvement program in Fiscal Year 2012 -2013 City Budget. The purchase of this major piece of sewer and storm water collection system maintenance equipment is a capital expense. This purchase will replace the existing sewer cleaning truck which is 16 years old and the typical service life for this type of maintenance apparatus is 9 to 11 years. DISCUSSION The City issued a Request for Proposals (RFP 2013 -04) for a Truck Mounted; Combination, High Velocity Sewer and Catch Basin Cleaner on a Class 8 truck chassis. Proposals were due on December 4, 2012 and three proposals were received. A selection committee made up of City staff evaluated the proposals received based upon the specified scoring criteria, of which the apparatus cost comprised 55 percent of the scoring criteria. The result of the evaluation committee scoring is summarized in the table below: Rank Vendor Ave Score Model 1. General Equipment 94 AQUATECH B10 2. Owen Equipment 76 VACTOR 2110 3. Wes Sys 68 VAC A 1010 Agenda Item Review: City Administrator _x_ City Attorney _x Finance _x_ 143 Honorable Mayor and City Council January 14, 2013 Page 2 The AQUATEC B10 proposed by General Equipment scored highest in meeting the technical requirements of the RFP and was also the least cost apparatus. A brochure of the selected unit is attached to this staff report. The base cost of the AQUATECH B10, is $295,665 and with all options as specified in the RFP, including a 48 month extended warranty, the total purchase cost is $324,123. FINANCIAL IMPACT The sewer cleaning apparatus will be funded from the Wastewater Treatment Plant Construction fund (Fund 465) as a major equipment capital expense. The Wastewater Treatment Plant Master Plan Update, that is the basis for capital improvements associated with meeting future regulatory operational requirements, includes an in -depth review of the sewer and storm sewer collection systems. The sewer cleaning truck is identified as an essential apparatus needed to perform proper maintenance and operation of the collection system. 144 B10 AND B15 SERIES COMBINATION CLEANING /VACUUMING MACHINES HIGH-PERFORMANCE, STATE -0F - THE -ART FEATURES INCREASE PRODUCTIVITY. • SINGLE ENGINE DRIVE Dramatically decreases fuel consump- tion, maintenance expenses, sound levels, weight on chassis and initial purchase price. Chassis engine powers all systems. • REAR MOUNTED HOSE REEL The 180° articulating rear reel facili- tates placement of unit regardless of manhole location. The rear location assures unobstructed vision for the driver, allows maximum air flow to the chassis engine and provides the quietest workstation in the industry. • FULL POWER. 360 ROTATING BOOM The top loading boom is self -cleaning, powers up /down and extends to 20 feet. Top mounting produces even load distribution. • VACUUM HOSE The heavydutg wire - reinforced rubber, 8" hose is designed to prevent wear and dogging. Vacuums up bottles, cans and bricks over 150 feet in depth. • CYLINDRICAL DEBRIS TANK High- strength steel is corrosion and abrasion- resistant. Has more usable space for larger loads than any other design. Capacities of 10 to 15 cu. yds. • LIGHTWEIGHT WATER TANKS Fully baffled 3/8" thick, U.V. stabilized, non - corrosive polyethylene saddle tanks. Capacities from 1000 to 1500 gallons. SOME FEATURES SHOWN MAY HE OPTIONAL • TRIPLEX RECIPROCATING WATER PUMP Continuous flow triplex reciprocating water pump is rated at up to 80 GPMO2500 psi and is designed to operate dry. • INTERNAL BOOM VALVE Increases air velocity, builds instanta- neous vacuum to 204" of negative water pressure for picking up materials above and below water. • VACUUM CUT -OFF SYSTEM Fail safe protection prevents materials from entering positive displacement exhauster and passing into the atmosphere. • LOWEST CENTER OF GRAVITY Makes full loads more stable during transport- • PNEUMATIC FOOT CONTROL Permits one operation of hose reel payout/retdeve, and allows operator to work any distance from unit. • VACUUM TUBES Ball and socket connections and quick - acting lever locks from a water -tight seal. Tubes can be locked at various angles to allow infinite positioning of tubes when cleaning deep manholes and catch basins. DISTRIBUTED BY: 1E A1 ' _M"'� 'H® BW AND MS SERIES ■ Combination Machine ■ Rear Mounted Reel DYnerlsNRls. 810 1315 U.S. Metric ti.s. Metric A. Overall length 267" 6782 mm 331" 8407 mm B. Height above truck frame 103" 2616 mm 103" 2616 mm C. OveraNwldth 98" 2489 mm 98" 2489 mm Dhnenslarm may vary Wtth chassis and optbm selected. SpecMlcatlons are Sill et to change Without notice. TICULATION AN ratings are calculated at sea level. Patents applied for. Sane featanM may 180° AR y be optional. (TOR LILA MR/VAC SYSTEM Positive Oispla ement Wausler 2700 CAA (4588 m' /h) operating capacity, 204' (5282 mm) water column Poy chain drive Muffler sllencsr protected by mkronher /emtntugal separator Vacuum relief valves, DEBRIS TANK Cylindrical design 10 cu. yd. (7.6 ml B10 15 cu. yd. (11.5 m') 815 Dumping 45° Fydraulle power up /down eyencer Selfaligning closure seal Tophinged full opening rear door Two 5' (127 mm) Iqub level sight eyes Debris Oenector plate Double strainer fa fear door drain Rear doer secudy prop 4 mechanical rear door ticks Rear door power UP /down hydraulic cylinder Shanks Steal ball check valve 6' (152 mm) quick opening rear drain valve 6' (152 mm) x 15' (4.6 m) lay flat dleeharge Boom Top mounted 360° hydraulic rotation Portable Pendant. controls all functons Internal boom verve 8' (203 mm) extra heavy day rubber Intake hose Ektends to W. (6.1 m) Powers up /darn Rear storage IOCedon Quick open Cleanout WATER SYSTEM Triplex me procating 80 GPM (303 Inters) 2500 PSI (172 bar? Poly chain drive pressure mnef Valve Water flow control valve Air valve on PUMP fOr cold weather operation won, court gun connettlon Wash down gun with 35'(10.7 m) of 1/2' (12.7 mm) hose Printed in U.S.A. @1999 Aquaech, Ina (PHi Vac Corporation CPC 6-08 GENERAL DESCRIPTION 500 P51 (55 bar) reek( valve Suction strainer WCUUM /O ®MS TANK OPhON3 Hydraulic rear door locks Water W mpolf system Internal fluahout system Exhaustem up to 4500 CFM Telescoping boom W 25' (7.6 m) Wastewater recycling MkIleer for underwater suction Stainless steel tank Tank vibretof WATER SYSTEM OPTIONS Cob weather recimuletlon Rubber leader hose 35160 GPM (132605 liters) water pumps pressure: 0 psi (207 bar) 1/2' (12.7 mm) lase real Pulsation dampener Increased water capacity OTHER OPTIONS From mounted hose real Power tih for front mounted hose reel Front mounted extending 320° muting rose reel Counter for levelwird Street flushers Debra and water tank InterommecY Deluxe tube storage racks Poser deck shroud and sbmng Body artaw 110 boats For other opdon, w AtMaueh's scassay cattlog. SpecReat" we subject to charlpa without Mike. Soma pbotopapho MY show optimal agtepmmtt Ali 18111110 am eakalaud at sea lewa parents steel" fob WATER TANK 810 1000 gel. (3785 hers) B15 1500 gal. (5677 Item) Saedlm tanks independent of debris tank Material: U.V. stablllted 3/8' (9.5 mm) chick Fury barred Ant"yphon air gap protection Curb side All 2 liquid level indicators RemOVabb inspection covers Unuted Ilfetinle warranty HOSE REEL flex mounted Hydraulic 180' articulating 400' (122 m) of 1" (25.4 mm), 2500 PSI (172 bar) hose 800' of 1' (248 m) hose capacity Reel speed Wnuol valve Hose Ievehvind Hydraullc drive pneumatic feed Control pedals Automata PwRioning lock Engine throttle vacuum /pressure gauge Tachometer Water pressure gauge POWER TAKEOFF Solt short transfer ease Pneumatic shifting ACCESSORIES, STANDARD Hinged tank support prop 8' x 8'(203 mm x 2.4 m) aluminum extension tube 8 x 6' (203 mm x 1.8 m) aluminum intake tube Two operation, parts and service manuals (unit only) 15° nozzle 35° nozzle Manhole hose gube Panted one color, acrylic enamel Touchup pant 2 aluminum tool boxes Tube storage tamers on front Dumper Aluminum lenders Mud flaps 146 wilM IAMEW A Product of HI -Vac Corpora8on 1171ndustIy Road, Mariera, Ohio 45750 USA corporate: Tat: 740.374.2306 & Top Free: 800.752.2400 Fax 740374.6447 &N.'eb: wsmhi- v,c.m. E -mail: aslesQhi -vacwm Aqusti Tel: 740.374.9171 &Tall Free: 800.800.1016 Fax 740.374.5447 &Nob :www.biaac.com E-mail: salesgghi- vascom 11V ® 1V 1 .n. (xror�o ra rcJ IdF9 January 14, 2013 TO: Honorable Mayor and City Council, Acting as the Local Contract Review Board, through City Administrator FROM: Dan Brown, Public Works Director SUBJECT: AWARD OF CONTRACT FOR ELECTRICIAN SERVICES UNDER AN INDEFINITE DELIVERY AND INDEFINITE QUANTITY CONTRACT STRUCTURE RECOMMENDATION That the City Council, acting as the Local Contract Review Board, award the contract for electrician services to Boones Ferry Electric. BACKGROUND The City issued a Request for Proposals (RFP) for providing electrician services under an indefinite delivery and indefinite quantity contract structure. The purpose and need for the issuance of the RFP was to be able to provide prompt electrician services with familiarity and continuity of City facilities. The selected service provider will provide licensed electrician oversight of maintenance electrical work performed by non- licensed electricians. Proposals for the Electrician Services were opened on November 29, 2012. Two responsive and qualified proposals were received. The proposals were ranked based on evaluation scores and interviews by a review panel of City staff. The staff ranking was: 1. Signal Construction Group 2. Boones Ferry Electric Upon initial notice of intent to award, Signal Construction Group amended their rate structure from what had been originally submitted with their RFP. Based upon this significant increase in rate structure, Boones Ferry Electric was identified as the respondent selected for contract award. Agenda Item Review: City Administrator _x City Attorney _x_ Finance _x_ 147 Honorable Mayor and City Council January 14, 2013 Page 2 DISCUSSION Personnel reductions as a result of budgetary limitation eliminated the Limited Maintenance Electrician (LME) that provide electrical maintenance work associated with City facilities other than the Wastewater Treatment Plant and various lift stations. The City also will be in clear compliance with State requirements for the Master Electrical Permit program. Service Rates: Normal work days Monday through Friday from 6:00 am to 4:00 pm: Journeyman - $80.00 per hour Overtime after 4:00 pm : Journeyman - $120.00 per hour Emergency call -outs after 4:00 pm and on Saturday or Sunday: Journeyman - $120.00 per hour with a 4 hour minimum charge Apprentice Rates: Low Term - $55.00 per hour High Term - $65.00 per hour Overtime is 1.5 times rate 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. Staff is recommending that the contract be awarded. FINANCIAL IMPACT Funding for electrician services will be provided from a variety of funding sources. Tasks orders or basic order agreements for contracted electrician services will be assigned to specific projects or work orders. The fund source paying for the work order or project will be charged for the contracted electrician services required for the specific work order or project. The contract provides electrician services for maintenance (both preventive and corrective), emergency repairs, and improvements. The estimated annual value of this contract is $14,000.00 per year. 148 CITY OF WOODBURN CITY COUNCIL SPEAKER CARD 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. NAME: l fV � PHONE# ADDRESS: / S G 7 (�°` V v V AGENDA DATE: I AGENDA ITEM #: Yo A COMMENTS: FOR OFFICE USE ONLY: Follow -up: