Ord 2543 - Statutory Development Agreement Phases 3,4,5 and 6Boones Crossing PUDCOUNCIL DILL NO. 3025
ORDINANCE NO. 2543
AN ORDINANCE APPROVING A STATUTORY DEVELOPMENT AGREEMENT FOR PHASES
3,4,5, AND 6 OF THE BOONES CROSSING PLANNED UNIT DEVELOPMENT; ADOPTING
FINDINGS; AUTHORIZING EXECUTION OF THE AGREEMENT; AND DECLARING AN
EMERGENCY
WHEREAS, The City originally approved the Boones Crossing Planned Unit
Development (PUD) in 1997; and
WHEREAS, Phases 1 and 2 of the Boones Crossing PUD has been developed
but Phases 3, 4, 5, and 6 have not yet developed and, without a Statutory
Development Agreement, any further development is subject to uncertainty; and
WHEREAS, a Statutory Development Agreement is necessary because the
PUD has not been completed and the conditions under which the PUD was
approved have dramatically changed since its original approval by the City, and
WHEREAS, the Statutory Development Agreement is a land use mechanism
under Oregon law where approval is considered through a quasi-judicial hearing
process that allows neighbors and surrounding property owners an opportunity to
participate; and
WHEREAS, more specifically, QRS 94.504 authorizes the City to enter into a
Statutory Development Agreement with any person having a legal or equitable
interest in real property for the eventual development of that property; and
WHEREAS, Premier Development, LLC (Phase 3), Woodburn Development,
LLC (Phases 4 and 5 ), and Nancy Bocchi and Faye Zimmer (Phase 6) are the
owners of certain real property consisting of the Boones Crossing PUD, more
particularly described in the Statutory Development Agreement, and these
property owners have requested the City enter into the Statutory Development
Agreement; and
WHEREAS, pursuant to ORS 94.513(2), the Woodburn City Council
conducted a public hearing on December 12, 2016, to consider the Statutory
Development Agreement; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The City Council finds that, pursuant to the applicable statutes,
the City has properly noticed and conducted the required evidentiary public
Page i - Council Bill No. 3025
Ordinance No. 2543
hearing for the adoption of a Statutory Development Agreement on December
12,2016.
Section 2. The City Council approves and enters into the Statutory
Development Agreement for Phases 3, 4, 5,and 6 of the Boones Crossing Planned
Unit Development with Premier Development, LLC (Phase 3), Woodburn
Development, LLC (Phases 4 and 5), and Nancy Bocchi and Faye Zimmer (Phase
6) as specifically set forth in Attachment I of this Ordinance.
Section 3. The City Council finds that the Statutory Development
Agreement is consistent with all City land use regulations.
Section 4. The City Council adopts the findings contained in the City
Council Staff Report, as set forth in Attachment 2, to explain, justify and support its
action under this Ordinance approving and entering into the Statutory
Development Agreement.
Section 5. The City Administrator is authorized and directed to execute the
Statutory Development Agreement on behalf of the City.
Section 6. This Ordinance being necessary for the immediate preservation
of the public peace, health and safety (so that actions to develop the involved
property will not be further delayed) an emergency is declared to exist and this
Ordinance shall take effect immediately upon passage by the Council and
approval by the Mayor.
/Z/ 0
Approved as to form:
City Attorney Date
A
Approved:
Passed by the Council
Submitted to the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page I - Council KI No. 3025
Ordinance No. 2543
afhryhj Fig
Attachment 1
After recording return to: I This space reserved for recorder's use.
Michael C. Robinson
Perkins Coie LLP
1120 NW Couch Street,
Tenth Floor
Portland, OR 97209-4128
STATUTORY DEVELOPMENT AGREEMENT FOR PHASES 3, 4, 5, AND 6 OF THE BOONES
CROSSING PLANNED UNIT DEVELOPMENT
between
CITY OF WOODBURN, OREGON; PREMIER DEVELOPMENT, LLC; WOODBURN
DEVELOPMENT, LLC; NANCY BOCCHI; and FAYE ZIMMER
This Statutory Development Agreement (the "Agreement") is made and entered
on the dates executed as shown below by and between the CITY OF WOODBURN,
OREGON, a municipal corporation of the State of Oregon ("City"); PREMIER
DEVELOPMENT, LLC, an Oregon limited liability company ("Premier"); WOODBURN
DEVELOPMENT, LLC, an Oregon limited liability company ("Woodburn Development");
NANCY BOCCHI ("Bocchi"); and FAYE ZIMMER ("Zimmer")(also referred to as "Phase 6
Owners"); pursuant to ORS 94.504 to 94.528. City, Premier, Woodburn Development,
Bocchi, and Zimmer may be referred to jointly in this Agreement as the "Parties" and
individually as a "Party." Premier, Woodburn Development, Bocchi, and Zimmer may be
referred to jointly in this Agreement as the "Owners" and individually as an "Owner."
RECITALS
A. Premier is the legal owner of Boones Crossing Phase 3, containing
approximately 8.45 acres of real property in the City located near SW Boones Ferry
Road, more particularly described in Exhibit A and depicted in Exhibit B, both exhibits
attached hereto and incorporated herein by reference ("Phase 3 Property").
Attachment 1
B. Woodburn Development, the successor to ICON Construction and
Development, LLC, is the legal owner of Boones Crossing Phases 4 and 5, containing
approximately 22.12 acres of real property in the City located immediately southeast of
the Phase 3 Property and described in Exhibit A and depicted in Exhibit B, both exhibits
attached hereto and incorporated herein by reference ("Phases 4 and 5 Property").
C. Bocchi and Zimmer are the legal owners of Boones Crossing Phase 6,
containing approximately 11.42 acres of real property in the City located immediately
west of the Phases 4 and 5 Property and also described in Exhibit A and depicted in
Exhibit B ("Phase 6 Property"). The Phase 3, Phases 4 and 5, and the Phase 6 Properties
may be collectively referred to in this Agreement as the "Property."
D. The City originally approved development of the Property, subject to
conditions, as the Boones Crossing Annexation Case No. 97-08; Zone Change No. 97-12;
Conditional Use No. 97-03, Planned Unit Development, No. 97-03 ("PUD") and Variance
No. 97-12, when the City Council adopted Ordinance No. 2246 ("Boones Crossing
Decision") to be developed in four (4) phases. Numerous modifications and approvals
have occurred to the Boones Crossing Decision, including but not limited to City
Ordinance No 2275 (Nov. 2007 modification of conditions of approval) and a 2003 staff
decision approving revision to development in six (6) phases. A copy of the original
Boones Crossing Decision and its exhibits is set forth in Exhibit C, attached hereto and
incorporated herein by reference.
The conditions of approval of Ordinance No. 2246, as modified by City
Ordinance 2275, require the Owners to construct various public improvements. Some of
these improvements were completed in conjunction with Phases 1 and 2 of the PUD.
Others, however, have not been completed.
F. The Parties agree that the passage of time, changes in ownership and
modifications to the Boones Crossing Decision have created substantial uncertainty,
including but not limited to the extent of Owners' responsibility for the cost of the
remaining public improvements, all of which likely would unreasonably burden and
delay development of the Property.
H. The Parties desire to enter this Agreement to: (1) clarify the remaining
public improvements needed to support development of the Property consistent with
the PUD; (2) clarify and establish Owners' obligations regarding payment for the public
improvements; (3) make related determinations regarding the conditions of the PUD;
and (4) resolve ongoing disagreements and potential litigation pertaining to
development of the Property, including Woodburn Development's December 4, 2014,
appeal ("Appeal") of the City's denial of system development charge ("SDC") credits for
Woodburn Development's construction of a public lift station.
I. The City finds that entering this Agreement is in the public interest as it
resolves uncertainties regarding the terms and conditions of the PUD approvals, avoids
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Attachment 1
potential litigation between and among the City and the Owners and encourages the
development of housing and public improvements serving the residents of the City.
AGREEMENT
In consideration of the mutual promises and performance obligations of each
Party as set out in this Agreement, City, Premier, Woodburn Development, Bocchi, and
Zimmer hereby agree to the following terms and conditions:
1. Effective Date and Term of Agreement.
1.1 This Agreement shall be effective upon the later of: (1) adoption of an
ordinance by the Woodburn City Council approving this Agreement pursuant to ORS
94.508; and (2) execution of this Agreement by all Parties. As used herein, "adoption of
an ordinance by the Woodburn City Council' means the date upon which the ordinance
becomes effective. The Agreement shall continue in effect for a period of ten (10) years
after its effective date, unless it is terminated in accordance with Section 11 of this
Agreement. Any party may request one five-year extension which the other parties shall
not unreasonably refuse provided the requesting party demonstrates that factors
beyond its reasonable control resulted in delay in implementing this Agreement and the
Boones Crossing PUD. In no event shall this Agreement extend beyond 15 years unless
amended as provided by law.
1.2 If Phase 4, 5 or 6 has not received final development approval on the
date that is 30 days prior to termination of this Agreement pursuant to paragraph 1.1,
termination shall constitute an amendment to the Boones Crossing Planned Unit
Development removing the Phase that has not received final development approval
from the Planned Unit Development.
2. Description of Development Authorized by this Development Agreement.
2.1 Permitted Use. The permitted uses shall be those provided for in the
Boones Crossing Decision.
2.2 Density. The maximum density applicable to development of the
Property shall be as provided for in the Boones Crossing Decision; provided, however,
that the number and configuration of approved lots in Phases 4, 5 and 6 shall be as
approved by the City in subsequent final plats. This Section shall not preclude a zoning
map amendment for Phase 6. A zone map amendment shall not require an amendment
to the Boones Crossing PUD or this agreement provided that it does not alter the public
improvement and reimbursement obligations in this Agreement.
2.3 Maximum Height and Size of Structures. The maximum height and size
of structures on the Property shall be as provided for in the Boones Crossing Decision.
Attachment 1
2.4 Future Land Division Approvals for Phases 4, 5, and 6. Development of
the Property in accordance with the Boones Crossing Decision, as modified by this
Agreement, shall require Owners to obtain final plat approval for Phases 4, 5, and 6.
The conditions, terms, restrictions, and requirements for final land division approval for
Phases 4, 5, and 6 shall be as provided for in the Boones Crossing Decision, as modified
by this Agreement, and the City's land development regulations. Commercial and multi-
family development shall require discretionary design review approval. In the event of a
conflict between these documents, this Agreement shall control. No other future
discretionary approvals are required in order to develop the Property in accordance
with the Boones Crossing Decision.
2.5 Final Plat for Phase 3. The Parties agree that upon the Effective Date of
this Agreement, the City may approve the final plat for Phase 3, provided all other
applicable standards are met.
2.6 Final Plats for Phases 4, 5 and 6. The Parties agree that the final plats
filed pursuant to the Boones Crossing preliminary plat approvals for Phases 4, 5, and 6
shall be subject to the current approval criteria in Woodburn Development Code
("WDO") Sections 3.08.01 and 5.01.06.
2.7 Development Schedule. Construction of the development shall
commence and be completed within ten (10) years after the effective date of this
Agreement unless the parties agree to a five-year extension of this Agreement as
provided in Section 1.1. Provided, however, City shall allow the final plat for Phase 3 to
be recorded upon execution of this Agreement provided that all applicable standards
are met; and further provided that Woodburn Development shall obtain land division
approvals and record the final plat for the Phases 4 and 5 Property within sixty (60)
months after the execution of this Agreement.
3. Infrastructure Improvements and Dedications; Reimbursements.
3.1 Reimbursements. Parties making improvements to serve their respective
phases ("Building Phase Owner") may also provide for other phases to be served by the
improvements ("Benefiting Phase Owner"). In such case, the Benefitting Phase Owner
shall make payments as provided for in Section 3.2.1 and 3.3.1 and 3.5.2 of this
Agreement.
3.2 Construction of Public Improvements. Except as modified herein,
Owners shall be responsible, at their expense, for construction of the public
improvements conditioned in the Boones Crossing PUD approval and as provided below.
Upon completion of construction, Owners, respectively, shall dedicate the respective
improvements to City. Upon proper dedication of an improvement that meets the
requirements of this Agreement, City shall accept that improvement and shall be
responsible for maintenance of that improvement. In the event that an Owner(s)
unilaterally constructs an improvement identified as eligible for reimbursement below,
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Attachment 1
each Benefitting Owner shall reimburse the Building Owner(s) for that Benefitting
Owner's proportionate share of the improvement, as set for below in Sections 3.2.1,
3.3.1 and 3.5.2 of this Agreement.
3.2.1 Pro Rata Reimbursement. The Benefitting Owner shall be
permitted to reimburse the Building Owner(s) for the Benefitting Owner's proportionate
share of the improvement on a pro rata per lot basis or a per multi -family residential
unit basis should a portion of Phase 6 be developed for multi -family use. Prior to issuing
a building permit, the Benefitting Phase Owner shall provide a receipt or other proof
reasonably acceptable to City that the Benefitting Phase Owner has paid the pro rata
payment for that lot to the Building Phase Owner. Provided such documentation is
obtained by City, there shall be no recourse against City for any claim by the Building
Phase Owner.
3.3 Sanitary Sewer Wet Well and Pump Apparatus. City shall not apply
Condition D.1, p. 11 of Ordinance 2246, as subsequently modified, to development of
the Property. Instead, to ensure adequate sanitary sewer service, Woodburn
Development shall install a wet well and pump apparatus for a sanitary sewer lift station
consistent with standards identified by the City Engineer on the Phases 4 and 5
Property, or other location if mutually agreeable to City and Woodburn Development,
before recording the final plat for Phases 4, and 5. The wet well shall be adequate for a
regional lift station, and the pump apparatus shall be adequate for a lift station to
service Phases 4, 5, and 6 of the Boones Crossing development and the adjacent
properties within the Urban Growth Boundary. The exact location shall be subject to
approval by the City Engineer.
3.3.1 Payment by Phase 6 Owners to Phase 4 and 5 Owner. Phase 6
Owners shall reimburse Woodburn Development the sum of One Hundred Thousand
Dollars ($100,000) as reimbursement for Phase 6 benefitting from the wet well and
pump apparatus. In accordance with Section 3.2.1, based on the number of lots in the
final plat of Phase 6, the Phase 6 Owners shall reimburse Woodburn Development on a
pro rata per lot basis or a per multi -family residential unit basis for each lot prior to the
issuance of each building permit for Phase 6.
3.3.2 Sewer Line Easement. Phase 6 Owners have a Temporary
Access and Utility Easement in favor of Phase 6 on property owned by DMHP, LLC,
recorded as instrument number 2014 00024293 . Phase 6 Owners agree to assign the
easement to Woodburn Development for the purpose specified, if requested by
Woodburn Development.
3.4 South Arterial. Woodburn Development shall construct the
improvements specified in Condition E 3 (a) Ordinance 2246 for a public minor arterial
for the portion of the South Arterial located on the Phases 4 and 5 Property before
recording the final plat for Phases 4 or 5. Phase 6 Owners shall construct the
improvement specified in Condition 3 E.3 (a) of Ordinance 2246 for the portion of the
Attachment 1
South Arterial located on the Phase 6 Property before recording the final plat or
obtaining design review approval for Phase 6.
3.5 Parks.
3.5.1 The Parties agree that Woodburn Development shall not be
required to develop a mini -park on the Phases 4 and 5 of the Property.
3.5.2 City Park.
(a) Phase 6 Owners shall dedicate three acres of land located
within Phase 6 to the City for park purposes, with the specific location
and configuration mutually acceptable to Phase 6 Owners and City (but
the park area shall be adequately separated from Boones Ferry Road and
the South Arterial). The 3 -acres shall be dedicated within one year of the
execution of this Agreement or within 120 days of the date of approval of
the final plat for Phases 4 and 5, whichever first occurs. This park
dedication is not eligible for SDC credits. City staff will cooperate and
assist, but the Phase 6 Owners shall take such steps and pay such costs as
are necessary to effectuate the dedication.
(b) The Parties agree that the three (3) acres within Phase 6
to be dedicated as a City park has a fair market value of $300,000. The
Parties further agree that Phases 3, 4 and 5 are Benefitting Phase Owners
of this park dedication and shall reimburse the Phase 6 Owners for the
park dedication on a per -lot basis ($1,239.67 per lot), as follows:
Phase 3 (Premier):
42 x $1,239.67 per lot + $10,000 = $62,066.
Phases 4 & 5 (Woodburn Development):
111 lots x $1,239.67 per lot + $30,000 = $167,603.
Prior to issuing a building permit, the Benefitting Phase Owner shall
provide a receipt or other proof reasonably acceptable to the City that
the Benefitting Phase Owner has paid the pro rata payment for that lot to
the Phase 6 Owners. The Benefiting Phase Owner may, at its sole
discretion, make payments for more than one lot at a time.
(c) Condition No. A-15 of Ordinance No 2246 is deleted. No
party shall be required to pay for or construct improvements on or for
the Community Park, other than payment of the City Park SDC as
provided in Section 4.4. Nothing in this Agreement, however, precludes
the parties from mutually agreeing to dedication of additional land for
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Attachment 1
parks or making park improvements and in exchange for appropriate SDC
credits.
(d) Once dedicated, the City agrees to maintain the three (3)
acre park land by periodically cutting and disposing of grass, shrubbery,
brush, bushes, weeds or other noxious vegetation as often as needed to
prevent them from becoming unsightly or, in the case of weeds or other
noxious vegetation, from maturing or from going to seed.
3.6 Stormwater. Woodburn Development and the Phase 6 Owners shall, at
their individual expense, construct and dedicate stormwater facilities to serve the
Phases 4 and 5 Property and the Phase 6 Property in accordance with Condition E.1
(Public Works — Drainage) of Ordinance 2246. Phase 6 shall be permitted to use the
stormwater improvement serving Phases 4 and 5. Woodburn Development shall install
the storm line in Phase 5 up to the Phase 6 property line which shall be of adequate size
to accommodate the storm water discharge from Phase 6.
4. Fees, Charges, and Credits.
4.1 Except as otherwise provided in this section of the Agreement, fees and
charges applicable to development of the Property shall be as provided for in the City's
land development regulations and adopted City ordinances.
4.2 The City shall not apply Condition B.11 of Ordinance 2246 (Public Works —
General Conditions) to the Property and agrees to allow Owners to apply for SDC credits
as provided in the City SDC ordinance for completion of the public improvements
described in Section 3 of this Agreement or otherwise required by the Boones Crossing
decision and completed after the date of this Agreement. Park SDC's shall be adjusted as
provided in Section 4.4. The regional sanitary sewer lift station is now part of the
adopted City CIP and is creditable as provided by the SDC ordinance. The City shall
review any SDC credit request from an Owner(s) in good faith, and the City shall grant
such request, provided that it complies with the City's required procedures and
applicable local or state substantive approval criteria. Owners may appeal any credit
denial as provided by ordinance or state law. An example illustrating the calculation of
SDC credits, including City reimbursement as provided in Section 4.3 is attached and
incorporated herein as Exhibit D. It is understood and agreed that the numbers set
forth therein are estimates only. The actual amounts, including which costs are eligible
for credits, will be calculated as provided in the City SDC ordinances and regulations.
Nothing herein precludes any party from appealing such determination as provided for
by law.
4.3 Pump Station Reimbursement. In addition to any SDC credits, City shall
reimburse Woodburn Development in cash equal to the amount of unusable SDC credits
against the cost of oversizing the pump station up to a maximum reimbursement of
$80,000.
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Attachment 1
4.4 Payment of SDC Fees.
4.4.1 The owners of Phases 3 — 6 agree that they are responsible to pay
Recreation and Park SDC fees in effect on the date building permits are issued for each
lot. City acknowledges receipt of $161,805.00 in payment of Recreation and Parks SDC
fees for the Property ("Prior Payment"). City agrees that the credit for the Prior
Payment shall be allocated among Phases 3 through 6 of the Property as follows:
Phase 1
$
29,463.00
Phase 2
$
15,456.00
Phase 3
$
20,286.00
Phases 4 & 5
$
53,613.00
Phase 6
$
42,987.00
At the time of building permit issuance, Park SDC credits shall be issued for the Prior
Payment as follows:
Phase 3 - $20,286.00 ($483 per lot assuming 42 lots)
Phase 4 & 5 - $53,613.00 ($483 per lot assuming 111 lots)
In lieu of SDC credits for the Prior Payment, City shall pay to the owner of Phase 6, the
sum of $42,987 at the time the deed to the City Park is provided to City as required
pursuant to paragraph 3.5.2.
4.4.2 Premier Development and Woodburn Development assert that
they paid the then current Park SDC at the time of obtaining building permits for some
or all lots in phases 1 and 2, respectively in addition to City receipt of the Prior Payment,
and that this constituted a "double payment." City agrees to refund to Premier
Development or Woodburn Development the amount over $483.00 for each such lot if
City receives documentation that Premier Development or Woodburn Development in
fact paid the then current Park SDC on that lot. Documentation may include cancelled
checks, receipts issued by the City or other documentation reasonably satisfactory to
City. City shall cooperate in resolving any alleged double payments but the burden of
proof is on the party seeking a refund. Claims for refunds, including all supporting
documentation, must be filed with the City no later than the date that is six months
from the date this Agreement is approved by the City Council. Nothing in this
Agreement constitutes an admission by City that any such payments were made or that
any refunds are due for any such payments.
4.5 Additional Amendments to Conditions of Approval.
4.5.1 Modification of Condition C (4). Owners shall not be required
to provide connector paths of grass-crete material for Phase Three, Four, Five and Six, as
previously required by Condition C(4). In its place, Owners shall submit an alternative
M.
Attachment 1
design (other than standard asphalt paving) that will require less maintenance. The
remainder of Condition C (4) shall remain in effect.
4.5.2. Modification of Condition C (3). Owners shall not be required to
build the interior residential connector streets with a 10 -foot wide landscaped
boulevard for Phase Three, Four, Five and Six, as previously required by Condition C(3).
In its place, Owners shall submit an alternative design which will require no ongoing
vegetative maintenance and shall transition the existing island in the connector street.
Allowable parking and signage will be reviewed during engineering plan review, based
on final transition design and street cross-section. The remainder of Condition C (3)
shall remain in effect.
4.5.3 Homeowner's Association. Unless the Boones Crossing Decision
is modified as provided under current City Code, each phase shall provide for a
Homeowner's Association. The Phase 3 Homeowner's Association shall at a minimum be
responsible for Phase 3's impact on the stormwater facility located in Phase 1.
4.5.4. Maintenance of Pedestrian Pathway. The Boones Crossing PUD
included pedestrian paths (labeled tract "E" and "F") connecting from internal streets to
the neighborhood park. The requirement to for these pedestrian paths is deleted. This
does not impact sidewalks.
4.5.5 Modification of Condition A.3 (Planning). Condition A.3
(Planning) is modified to read: The Planned Unit Development (hereinafter the "PUD")
shall be in substantial conformity with the preliminary plan as modified by this
Agreement.
S. Withdrawal of SDC Credit Appeal.
Within two (2) business days after the later of: (1) the Effective Date of this
Agreement; and (2) written notification by City to Woodburn Development that the
Woodburn City Council has adopted an ordinance approving this Agreement, Woodburn
Development shall submit a written withdrawal to the City of its Appeal of the City's
System Development Charge credit decision.
6. Schedule and Procedure for Compliance Review.
The schedule and procedure for compliance review shall be as provided for in
the City's current land use regulations and adopted City ordinances.
7. Effect of Development Agreement on Boones Crossing Decision.
The Boones Crossing Decision shall not be amended or affected in any way by
this Development Agreement except as specifically provided herein.
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Attachment 1
8. Continuing Effect of Agreement.
8.1 In the case of any change in regional policy or federal or state law or
other change in circumstance which renders compliance with this Agreement impossible
or unlawful, the Parties will attempt to give effect to the remainder of this Agreement,
but only if such effect does not prejudice the substantial rights of any Party under this
Agreement. If the substantial rights of any Party are prejudiced by giving effect to the
remainder of this Agreement, then the Parties shall negotiate in good faith to revise this
Agreement to give effect to its original intent. If, because of a change in policy, law or
circumstance, this Agreement fails of its essential purpose (vesting of allowed uses and
limitations on development conditions and fees and charges) then the Parties shall be
placed into their original position to the extent practical. It is the intent of this
Agreement to vest development rights and conditions, including but not limited to the
permitted uses, density and intensity of uses, infrastructure improvements, fees, and
charges as set for in this Agreement, notwithstanding any change in local ordinance or
policy.
8.2 The Property is within the City limits of the City of Woodburn, therefore
the requirements of ORS 94.504(2) (L) are not applicable to this Agreement.
9. Assignability of Agreement.
This Agreement shall not be assigned by an Owner, in whole or in part, without
the advance written approval of the City, which shall not be unreasonably withheld. The
terms and conditions contained in this Agreement shall, subject to the provisions of this
assignment, apply to and bind the heirs, successors, personal representatives, and
assigns of all of the Parties hereto.
10. Default; Remedy.
10.1 Default/Cure. The following shall constitute defaults on the part of a
Pa rty:
10.1.1 A breach of a material provision of this Agreement, whether by
action or inaction of a Party which continues and is not remedied within sixty (60) days
after the other Party has given notice specifying the breach; provided that if the non -
breaching Party determines that such breach cannot with due diligence be cured within
a period of sixty (60) days, the non -breaching Party may allow the breaching Party a
longer period of time to cure the breach, and in such event the breach shall not
constitute a default so long as the breaching Party diligently proceeds to affect a cure
and the cure is accomplished within the longer period of time granted by the non -
breaching Party; or
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Attachment 1
10.1.2 Any assignment by a Party for the benefit of creditors, or
adjudication as a bankrupt, or appointment of a receiver, trustee or creditor's
committee over a Party.
10.2 Remedies. Each Party shall have all available remedies at law or in equity
to recover damages and compel the performance of the other Party pursuant to this
Agreement. The rights and remedies afforded under this Agreement are not exclusive
and shall be in addition to and cumulative with any and all rights otherwise available at
law or in equity. The exercise by any Party of any one or more of such remedies shall
not preclude the exercise by it, at the same or different time, of any other such remedy
for the same default or breach or of any of its remedies for any other default or breach
by any other Party, including, without limitation, the right to compel specific
performance.
11. Amendment, Termination or Extension of Agreement.
This Agreement may only be amended, terminated or extended by the mutual
consent of the Parties, or their successors in interest pursuant to ORS 94.522.
12. Release and Waiver of Claims.
Each Party hereby releases, waives and covenants not to sue any other Party,
their officers, employees and agents, for any claim, known or unknown, arising from or
relating to the Boones Crossing Decision, as modified and any prior decisions, actions or
failure to act arising under or relating to such approvals or this Agreement. Owners
expressly represent, warrant and agree that the conditions of approval and financial
obligations, as modified herein, are reasonable, proper and proportionate and
acknowledge that execution of this Agreement by City is expressly reliant on this Section
12. Nothing in this Section, however, shall limit or restrict any Party from enforcing the
terms of the Boones Crossing Decision as modified, and this Agreement.
13. Miscellaneous Provisions.
13.1 Notice. A notice or communication under this Agreement by any Party
shall be in writing and shall be dispatched by registered or certified mail, postage
prepaid, return receipt requested, or delivered by either personal delivery or nationally -
recognized overnight courier (such as UPS or Federal Express), and
follows:
13.1.1 In the case of a notice or communication to City, addressed as
City of Woodburn
ATTN: City Manager
270 Montgomery Street
Woodburn, Oregon 97071
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Attachment 1
With copy to: N. Robert Shields, City Attorney
270 Montgomery Street
Woodburn, Oregon 97071
13.1.2 In the case of a notice or communication to Woodburn
Development, addressed as follows:
Premier Development, LLC
Attn: Lori Zumwalt
1312 NE Highway 99W
McMinnville, OR 97128
With copy to: Andrew H. Stamp
Andrew H. Stamp, P.C.
Kruse Mercantile Prof. Offices, Ste 16
4248 Galewood Street
Lake Oswego, OR 97035
13.1.3 In the case of a notice or communication to Woodburn
Development, addressed as follows:
Woodburn Development, LLC
Attn: Mark Handris
1980 Willamette Drive, Suite 200
West Linn, OR 97068
With copy to: Michael C. Robinson
Perkins Coie LLP
1120 NW Couch Street, Tenth Floor
Portland, OR 97209
follows:
13.1.4 In the case of a notice or communication to Bocchi, addressed as
Nancy Bocchi
With copy to: Gregory S. Hathaway
Hathaway Koback Connors LLP
520 SW Yamhill Street, Suite 235
Portland, OR 97204
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as follows:
Attachment 1
13.1.5 In the case of a notice or communication to Zimmer, addressed
Faye Zimmer
With copy to: Gregory S. Hathaway
Hathaway Koback Connors LLP
520 SW Yamhill Street, Suite 235
Portland, OR 97204
or addressed in such other way in respect to a Party as that Party may, from time to
time, designate in writing dispatched as provided in this section.
13.2 Headings. Any titles of the sections of this Agreement are inserted for
convenience of reference only and shall be disregarded in construing or interpreting any
of its provisions.
13.3 Counterparts. In the event this Agreement is executed in two (2) or more
counterparts, each counterpart shall be deemed to be an original, and such
counterparts shall constitute one and the same instrument.
13.4 Waivers. No waiver made by any Party with respect to the performance,
or manner or time thereof, of any obligation of any other Party or any condition inuring
to its benefit under this Agreement shall be considered a waiver of any other rights of
the Party making the waiver. No waiver by a Party of any provision of this Agreement or
any breach thereof shall be of any force or effect unless in writing; and no such waiver
shall be construed to be a continuing waiver.
13.5 Time of the Essence. Time is of the essence under this Agreement.
13.6 Choice of Law. This Agreement shall be interpreted under the laws of the
State of Oregon.
13.7 Calculation of Time. All periods of time referred to herein shall include
Saturdays, Sundays, and legal holidays in the State of Oregon, except that if the last day
of any period falls on any Saturday, Sunday, or legal holiday in the State of Oregon, the
period shall be extended to include the next day which is not a Saturday, Sunday, or
such a holiday.
13.8 Construction. In construing this Agreement, singular pronouns shall be
taken to mean and include the plural and the masculine pronoun shall be taken to mean
and include the feminine and the neuter, as the context may require.
13
Attachment 1
13.9 Severability. Consistent with Section 8 above, if any clause, sentence or
any other portion of the terms and conditions of this Agreement becomes illegal, null or
void for any reason, the remaining portions will remain in full force and effect to the
fullest extent permitted by law.
13.10 Place of Enforcement. Any action or suit to enforce or construe any
provision of this Agreement by any Party shall be brought in the Circuit Court of the
State of Oregon for Marion County, or the United States District Court for the District of
Oregon.
13.11 Good Faith and Reasonableness. The Parties intend that the obligations
of good faith and fair dealing apply to this Agreement generally and that no negative
inferences be drawn by the absence of an explicit obligation to be reasonable in any
portion of this Agreement. The obligation to be reasonable shall only be negated if
arbitrariness is clearly and explicitly permitted as to the specific item in question, such
as in the case of a Party being given "sole discretion" or being allowed to make a
decision in its "sole judgment."
13.12 Condition of City Obligations. All City obligations pursuant to this
Agreement that require the expenditure of funds are contingent upon future
appropriations by City as part of the local budget process. Nothing in this Agreement
implies an obligation on City to appropriate any such monies.
13.13 Cooperation in the Event of Legal Challenge. In the event of any legal
action instituted by a third party or other governmental entity or official challenging the
validity of any provision of this Agreement, the Parties agree to cooperate in defending
such action.
13.14 Enforced Delay, Extension of Times of Performance. In addition to the
specific provisions of this Agreement, performance by any Party shall not be in default
where delay or default is due to war; insurrection, strikes, riots, floods, drought,
earthquakes, fires, casualties, acts of God, governmental restrictions imposed or
mandated by governmental entities other than the City, enactment of conflicting state
or federal laws or regulations, new or supplementary environmental regulation,
litigation or similar bases for excused performance which is not within reasonable
control of the Party to be excused; provided, however, that the Parties agree to proceed
in accordance with Section 9 in the event of the occurrence of any of the foregoing
events also described in Section 9.
13.15 Other Necessary Acts. Each Party shall execute and deliver to the other
all such further instruments and documents and take such additional acts (which, in the
case of City, shall require adopting necessary ordinances and resolutions) as may be
reasonably necessary to carry out this Agreement in order to provide and secure to the
other Parties the full and complete enjoyment of rights and privileges hereunder.
14
Attachment 1
13.16 Entire Agreement. This Agreement constitutes the entire agreement
between the Parties as to the subject matter covered by this Agreement.
13.17 Interpretation of Agreement. This Agreement is the result of arm's
length negotiations between the Parties and shall not be construed against any Party by
reason of its preparation of this Agreement.
13.18 Capacity to Execute; Mutual Representations. The Parties each warrant
and represent to the other that this Agreement constitutes a legal, valid, and binding
obligation of that Party. Without limiting the generality of the foregoing, each Party
represents that its governing authority has authorized the execution, delivery, and
performance of this Agreement by it. The individuals executing this Agreement warrant
that they have full authority to execute this Agreement on behalf of the entity for whom
they purport to be acting. Each Party represents to the others that neither the
execution and delivery of this Agreement, nor performance of the obligations under this
Agreement will violate any constitution, statute, regulation, rule, injunction, judgment,
order, decree, ruling, charge, or other restriction of any government, government
agency, or court to which it is subject or any provision of its charter or bylaws; or
conflict with, result in a breach of, or constitute a default under, any other agreement to
which it is a party or by which it is bound.
13.19 Recording; Covenant. City shall cause this Agreement to be recorded
among the Deed Records in and for Marion County, Oregon, pursuant to ORS 94.528.
This Agreement shall constitute a covenant running with the Property and shall be
binding on and enforceable by the Parties and their successors and assigns.
13.20 Non -appropriation. To the extent that this Agreement obligates City to
expend moneys such expenditures are contingent on future appropriations as part of
the local budget process and City is not obligated to appropriate such moneys.
13.21 Form of Agreement; Exhibits. This Agreement consists of 20 pages and
four (4) exhibits.
15
Executed this day of , 2016.
CITY OF WOODBURN, OREGON,
a municipal corporation of the State of Oregon
M
Print Name:
Title:
STATE of OREGON
COUNTY of MARION
On this day of , 2016,
before me and stated that (s)he is the _
Attachment 1
personally appeared
of the City of Woodburn, a
municipal corporation of the State of Oregon, and that the instrument was signed on
behalf of said entity and acknowledged said instrument to be its voluntary act and deed.
Before me:
SEAL:
Notary Public for Oregon
Print Name:
My Commission Expires:
16
Attachment 1
PREMIER DEVELOPMENT, LLC, an Oregon Limited Liability Company
By: _
Print Name:
Title:
STATE of OREGON )
COUNTY of )
On this day of , 2016, personally appeared
before me and stated that he/she is the of Premier Development, LLC, a
, and that the instrument was signed on behalf of said company
and acknowledged said instrument to be its voluntary act and deed. Before me:
SEAL:
Notary Public for Oregon
Print Name:
My Commission Expires:
17
Attachment 1
WOODBURN DEVELOPMENT, LLC, an Oregon limited liability company
22
Print Name:
Title:
STATE of OREGON )
COUNTY of )
On this day of , 2016, personally appeared
before me and stated that he/she is the of Woodburn Development, LLC,
an Oregon limited liability company, and that the instrument was signed on behalf of said
company and acknowledged said instrument to be its voluntary act and deed. Before me:
Notary Public for Oregon
Print Name:
My Commission Expires:
SEAL:
Attachment 1
NANCY BOCCHI
STATE of OREGON
COUNTY of )
On this day of , 2016, this instrument was acknowledged before me by
Nancy Bocchi. Before me:
61 WA I
Notary Public for Oregon
Print Name:
My Commission Expires:
19
Attachment 1
I;F_\'/*AI►TAI►TA140
STATE of OREGON
COUNTY of
On this day of , 2016, this instrument was acknowledged before me by
Faye Zimmer. Before me:
4WARI
Notary Public for Oregon
Print Name:
My Commission Expires:
20
EXHIBIT "A"
Legal Description
jvllk
A.1 -144A UNc';'JNEERING� INCI
AUGUST 10, 1999
11()U1~«1DARY DESCRIPTION
FOR ANNEXATION PURPOSFS ONLY
j,,3O<)NES CROSSING., WOODBURN
Attachment 1
JOB O. 395-011
A PARCEL OF I -AM) LOCATED IN THE Pf"TER RAYMOND DONATION LAND
CLAIM NO, 58„ IN SE(--,1I0NS 18 AND 19 TOWNSHIP 5SOUT11, RANGE, I WEST,
Am3 sTIcTION 13, 'ra"SHIP 5 501,3111. RAPq(;F 2 WEST OF THE
WIT,.L�W-Elll MERIDIAN, MARION COUNTY, ORECON, SAID PARCEL B13,TNG
.ORE PARTICUL,A "D AS FOLLOWS:
, J�LY Df-SCRIBF
BEGINNING AT THE NORTHEAST CORNER OF THE PETER RAYMOND
DONATION LAND CLAIM NO- 59 LOCATED IN S'liCTION 18, TOWNSHIP 5
SOUTH, RANGE I WEST, OF THE WILLAMETTE MMUDIAN, MARION
C,()k)NTY, OREGON; THEA1C E NOW111 89'35`00" WEST 949,41 FEET, THENCV,
SO1Mf 4005451' WEST, 88.04 FEET;THE NCE NORTH 61'46"06" W"EST, 102.57
FEET- THIENCEP SOUTH 4I"1"7" 7'"" wrisr, 5117. o FEET TO THE TRUE POINT OF'
DEGYNNINC. AT Tim soLruiri�As,r CORN.ER 017 THAI' TRACT OF LAND
DESCIUUV�r) IN REEL 224, PAGE 88, MARION COUNTY Dr -,ED RECORDS,
BEING ON THE, NOR111 T,,TNE OIC THATPARC13,L OF LAND CONVEY13D TO
FAYE 71EL
,� T,,, Z504ER AND N,ANCY K- T30CCHI 13Y DEED RECORDED IN RE
029, PAGE 681, MA,RI0N COUMI-Y DEED RECORDS, Al SO BEING ON THE
Vd-STING CITY LIMITS OF THE. CITY OF WOODBURN. THENCE fid OKG SAID
CITY Liars ON SAID NOR111 PARCEL LINE, NORTH 60`43'29" WEST, 49457
FEET, MORE OR LFSS, TO THE NORTHEAST CORNER OF ATRACT OF LAND
C.,ONVEyED 'To JAMES A. ROARKE ANT) LOIS E, ROARKE BY D6ED
RECORDE,D 114 REEL 10% PAGE 590, mARION COUNTY DEED, RECORDSB
THENC13 LIEAVING SAJD CITY LIMITS, ALONG TIM EASIVERLY LINE OF SAa)
T FEEI", AN
86.13FEEI', OREORLESMTO
AN('p1ji POfN'1'"T11V.RE,0N; THENCE ALONG SAID EASTERLY LIC EI ANDTHE
ND FR
EASTERLY IJNE OF TUATTRACT OF LA CONVEYED TO ITMIL KIS"I'N ,
AND TILLIE KISTNER By DEED RECORDED IN REEL 134, PA OE 105,MARION
COUNTY DEED "CORDS, SOUT11 25030'00" WEST, 22823 FEE11''TO THE
$01,,M�IEAST CORNER OF SAID KISTNER 'TRACT; THENCE, ALONG rHE
SOUTH Kj
LINE OF SAID $j-NER TRACT AND ITS WESTERLY EXTENSION,
NORTH 61"00"111'k"' Wr-S:'1`, 559,77 FEOr TO THE WVSTERLY JUG14T OF WAY
LIME OF q0<)1 S FEKRY ROS (MARKET ROAD NO, 38, BEING 60 FEET
pja,tj %otjj.Sujjt23*.q600SW Oak- Purflmnd,,0rcpom97223
(grice 503 -452-8003 . r, &r'503 4524Q43
21
EXHIBIT "A" Attachment 1
Legal Description
AVIAL ATIA E=_
POOOMNTj
AI V I f A N C; INF_ F% R I N G, IN
BOONE.9 CROSSING
ANNEXATION DESCRIPTION (CONTD.)
WIDE),, TJI F"NiC [", ALON(j SAID WESTERLY RX,3141" OFc WAY I.fNi:`1, SOU'l"If
24,"30"00:" WEST, 1802.95 FEE1 TO WESTERLY 13XTENSION OF THE
NORTH LIN'l," 01"FUNTPARC'Ef, OF, LAND CONVEYE1.),ro NANCY R, VEZEY
BY I .. )EED RECORDED AS RI.IEL 1243., PAGE 2.72, MARION C UUNTY DEED
RLC(AZUS, THENCE" ALONG SAID VVESTEW-Y EXTENSION ANID 5AJD NORTH
PA RCEL LINE, SOU11.711 89"15'010" EAST, 54°9.1 I FFj,,'T,,TJIEN(7I7 SOUTH 00'45'0011"
WEST,, 37.00 Fflr, 'I'll IHN(I"T. SOUTH 89`15'100" EAsT, i5,to,0,0 FEET, MORE OR
LESS, TO THE EAST LINE OF SAID VEEY TRACT,, "NiENCE ALONG SAID
EAST LINE, NORAII 00'45'04" EAST. 37,00 FEET TO, THE NORYHEAST CORNER,
OF7,'3xAJD VEZEY TRACT, A].1SO BUNG THE SOU `111WE*� (,'O,RNER OF THAT
TRACT OF LAND CONVEYED TO FRANK R. HAWLEY AND ALMEDA
HAWLEYEYDE,81) RECORDED IN REEI323, PAGE 406, MAICON COUNTY
DUl' .1), REVORDS; TJ I FNCE,A1,,ONG THEWE ST L•INE OF SAID HAWLEY TRACT,,
AI�M TTJE WEST LINE OF THAT PARCEL DSq(.1Zft3,1-_b IN REEL 29%, PACTE 157,
MASIONCO'UNTY I)EED RECOR.DS, NORTli 00`33'40" WEST, 903.42 FEET,
morkL, orLI_7SS, 'IIS raL-sotxrI R LITIM OFA TRACT OF LAND CONVEYED ro
FAYE E. ztMML�Rt AND NAN(7f K. BOCV111 BY DEED, RECORDED, IN REEL
1229, PAG6,83, MARION COUNTY DEED RECORDS; THENCE ALONG SAID,
SOI.Mi 1,INT9, AND ITS EASTERLY EXTENSION, NORTH, 8905 I'l 31' EAST, 33 .9
FEET, MORE OR, 1,13SS, TO TIM EAST RIGHl' OF WAY LINE Or-, BROWN
STREET; THENCE ALONG SAID EAST IU(.3jIjT OF WAY LINE, NORTH 0 U112'20"
WEST, 120,00 FEET, MORE OR LESS, TO AN ANGLE P0011T ON SAID, RIGHT OF
WAY UNE; THENCE ALONG SAID Rlo'flx OF WAY 1,11NE, t4<)RTH 8g-27„401”
EAST, 10,CK) FEET;THENCE CON'rINVIN(I AJ,,ONG SAID EAST RIGHT OF WAY
U.N84, NOR'lli 0032'200' WEST, 3(T5,541 FEET, MORE OR LESS, TO THE
EASTERLY EXTENSION OF THE NORnl UNS OF'SAID, ZIM-MEl'i AND BOCCHI
TRAM.",', THENCE ALONG SAIL) EXTENSION AND SAID NORTH UNE. SOUTTI
8905 V1 Y"WEST, 394,04 FErr, MORE OR U3,SS. TO THE SOUT HEAST CORNER,
OF PARCEL ,.AS DESCRIBED IT ' RE ET, U3,93, PAGE 758, MARION couNry
DEED RECORJ)S, SAID SOUTURAST MRNER ALSO BEI.NG ON 1'HE EXISTING
CITY LJ ITS OF THE CITY OF WOODBURN;T'HENCEALONG THE' SOUTTI
LINE OF SATD PARCEL 2, AND SAID EXISTING CITY Umn, s, NORTH 60'01,22
WEST, 163.44 FEET,.MOR.E OR LESS:, "I"I TIIE TRIM TIOINT 0F.13EGINNING,
CON"I"AINENG' API.'ROXIMATELY 63.51 ACRES"
Plmxa Wirst -Suite, 2,30,91600 SV Oak, Portland, Oregon 0#722.3
Offj". $03 452 -8003, Fm* 503-45024 4
wd
EXHIBIT "A"
Legal Description
Attachment 1
EXHIB11 MAH F()K ANINLAAHUN
'LOCATED IN TTIE PETER RAYMOND DLt. NO, 58
AN1 1,N SECTIONS 16 AND 11"9. TO%NSHW 5 SOOTH, R!ANGE I T.
AND 5F.C;;j0N 1.5. TOWN91UP 15 SOUTH, RANGE 2 KST. WLLAMICI TE M01104AN,
MARION 00UNIFY OREGON ATTACHM Pae.,., ofd
PROJECT N10 395-011
Sr,ALE: 1'-4W
DRAwq OY JIF
8-10-99
01
ALPHA =fOn4BIMING' INQ
ru"Ma - DFRORrm- nRym & wimmmm
Pdon 5 -4U -DM AX0 150 -4U -N43
LAY1 WE ffA t3al e $W TAXA POATLM.ON
LAI'M 51,MV00A
1:2
9,4h C
Vb� wVp, ma 6
"Al
"V
4" NIL, r);.VNLJP
PC F'JA Apal I
fff;
,$
ELC 40 M'
ev
N, EV01,22, '0 /5 119,131,%13' w
RC.j 44
00
2,384,6416 5F
(54.7 0,C)
R5
b
RS
(ow -Rw ii
Sf
4-49
I A0
01
001'4n,00, w J)
(KYA, 9TW F, .17 XV
.. . .......
PROJECT N10 395-011
Sr,ALE: 1'-4W
DRAwq OY JIF
8-10-99
01
ALPHA =fOn4BIMING' INQ
ru"Ma - DFRORrm- nRym & wimmmm
Pdon 5 -4U -DM AX0 150 -4U -N43
LAY1 WE ffA t3al e $W TAXA POATLM.ON
B (D C)
POLYGON NORTH
�,� " 11 -1,,- �111
EXHIBIT "B" Attachment 1
Phasing Map
NES
CROSS)ING
/SUBDIVISIONARY PLAT
MAI
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
EXHIBIT "C"
Boones Crossing Decision
Attachment 1
H B H
C o n s u l t i n g
E n g i n e e r s
VVOOLBUFN CQlt+WINiTY
11515 SW Durham Road, Suite E-9 DEVELOPMENT UEPI
Tigard, Oregon 97224
503/670-0499 a Fax 5031670-0540
i A ylIM"
W9
A-1 IN Naomi Zwerdlin
RE Boones Crossing Phase 1 LUCS
WE ARE SENDING YOU VIA: ❑ Messenger ❑ Overnight 0 US Mail ❑ Other:
❑ Plans ❑ CD ❑ Pay Request ❑ Samples ❑ Soecifications ❑ Copy of Letter
❑ Change Order ❑ Proposal ❑ Study ❑ Submittals ❑ Report Q Other:
COPIES 1 DATE ON DOCS sI NO. I DESCRIPTION '<
1 1 1 1 Boones Crossing Land Use Comnatibility Statement
Please sign and return to HBH Consulting Engineers, Inc. 11515 SW Durham Rd Suite E9 Tigard, OR 97224.
Post -it' Fax Note 7671 Datespa '��' paoesD"
To From
Co./Dept. co,�+ p �%
Pggn�
?.zr,,7. 17 Fax #
COPY TO: SIGNED:
Q1
EXHIBIT "C"
Boones Crossing Decision
Attachment 1
"'A"Itit
Department of Environmental Quality
LAND USE COMPATIBILITY STATEMENT (LUCS)
WHAT IS A LUCS? The Land Use Compatibility Statement is the process used by the DEQ to determine whether DEQ
permits and other approvals affecting land use are consistent with local government comprehensive plans.
State of Oregon
WHY IS A LUCS REQUIRED? Oregon law requires state agency activities that impact land use be consistent with local Department of
comprehensive plans. DEQ Division 18 administrative rules identify agency activities or programs that significantly affect Environmental
land use. These programs must have a process for determining local plan consistency. Quality
WHEN IS A LUCS REQUIRED? A LUCS is required for nearly all DEQ permits, some general permits, and certain approvals of
plans or related activities that affect land use. These activities are listed in this form. A single LUCS can be used if more than one DEQ
permit/approval is being applied for concurrently.
A permit modification requires a LUCS when any of the following applies:
1. physical expansion on the property or proposed use of additional land;
2. a significant increase in discharges to water;
3. a relocation of an outfall outside of the source property; or
4. any physical change or change of operation of an air pollutant source that results in a net significant emission rate increase as
defined in OAR 340-200-0020.
A permit renewal requires a LUCS if one has not previously been submitted, or if any of the above four permit modification factors apply.
HOW TO COMPLETE A LUCS:
Step Who Does It
What Hannens
1 Applicant
Completes Section 1 of the LUCS and submits it to the appropriate city or county planning office.
2 City or County
Determines if the business or facility meets all local planning requirements, and returns to the
Planning Office
applicant the signed and dated LUCS form with findings of fact for any local reviews or necessary
planning approvals.
3 Applicant
Includes the completed LUCS with findings of fact with the DEQ permit or approval submittal application
to the DEQ.
WHERE TO GET HELP: Questions about the LUCS process can be directed to DEQ staff responsible for processing the
permit/approval, or directed to DEQ's Intergovernmental Coordinator at 503-229-6408. Headquarters and regional offices may also be reached
using DEQ's toll-free telephone number 1-800-452-4011.
SECTION 1 - TO BE FILLED OUT BY APPLICANT (may be filled in electronically using Tab key to move to each field)
1. Applicant Name: Boones Crossing, LLC Contact Person: Bob Hartford
Location Address: 14845 Murray Schools Dr., Suite 110 Mailing Address: _14845 Murray Schools Dr., Suite 110
City, State Zip: Beaverton OR 97007 City, State Zip: Beaverton OR 97007
Telephone: 15031 590-8600 Tax Account No: Tax Lot No: 1400
Township: 5 South Range: 1 West Section: 18
Latitude: 45.1290 Longitude: -122.8665
Use the DEQ Location Finder (hup.//dea.l2.deg. state. or. uslwebsite/fndloc) to determine latitudellongitude.
2. Describe the type of business or facility and services or products provided:
61 lot subdivision. Phase one of six.
41.
EXHIBIT "C"
Boones Crossing Decision
3. Check the type of DEQ permit(s) or approval(s) being applied for at this time.
❑ Air Notice of Construction ❑ Pollution Control Bond Request
® Air Discharge Permit (excludes ❑ Solid Waste Compost Registration -
portable facility permits) Permit
❑ Title V Air Permit ❑ Solid Waste Letter Authorization Permit
❑ Parking/Traffic Circulation Plan
❑ Air Indirect Source Permit
❑ Solid Waste Disposal Permit
❑ Solid Waste Treatment Permit
❑ Solid Waste Material Recovery Facility
Permit
❑ Solid Waste Transfer Station Permit
❑ Solid Waste - Waste Tire Storage Permit
❑ Hazardous Waste/PCB Storage/
Treatment/Discharge Permit
Attachment 1
Clean Water State Revolving Fund Loan
Request
E] Water Quality NPDES/WPCF Permit (for
onsite construction -installation permits use
DEQ's Onsite LUCS lortn)
❑ Wastewater/Sewer Construction
Plan/Specifications (includes review of plan
changes that require use of new land)
® Water Quality Storm Water General Permit
❑ Other Water Quality General Permit
(Generals: 600 (if mobile), 700, 1200CA,
1500, 1700 (if mobile) are exempted))
❑ Federal Permit - Water Quality 401
Certification
4. This application is for: ❑ permit renewal_ n new permit n permit modification ❑ other
SECTION 2 - TO BE FILLED OUT BY CITY OR COUNTY PLANNING OFFICIAL
5. The facility proposal is located: ,® inside city limits Ll inside UGB ❑ outside UGB
6. Name of the city or county that has land use jurisdiction (the legal entity responsible for land use decisions for the
subject property or land use): K-1 W06 1215urz61
7. Does the business or facility comply with all applicable local land use requirements?
YES; attach findings to support the affirmative compliance decision (as required by Oregon Administrative Rules
(OAR) 660, Division 31).
® NO; attach findings for noncompliance, and identify requirements the applicant must comply with before LUCS
compatibility can be determined.
8. Planning Official Signature: �X� � Title: `J-ENJQe=
Print Name: N A H 1 _tj�� t! JP.! Tele hone No.: j5l13—°780-2_q Dates l Q
*Planning Official Signature: Title:
Print Name: Telephone No.: Date:
(*If necessary, depending upon city/county agreement on jurisdiction outside city limits but within UGB.)
Please Note: A LUCS approval cannot be accepted by DEQ until all local requirements have been met. Written findings of
fact for all local decisions addressed under Item No. 7 above must be attached to the LUCS.
CULTURAL RESOURCES PROTECTION LAWS: Applicants involved in ground -disturbing activities should be aware offederal and
.state cultural resources protection laws. ORS 358.920 prohibits the excavation, injury, destruction, or alteration of an archeological site
or object, or removal of archeological objects from public and private lands without an archeological permit issued by the State Historic
Preservation Office. 16 USC 470 Section 106 National Historic Preservation Act of 1966 requires a federal agency, prior to any
undertaking, to take into account the effect of the undertaking that is included on or eligible for inclusion in the National Register. For
further information, contact the State Historic Preservation Office at 503-378-4168, extension 232.
Land Use Compatibility Statement (LUCS)
MA
GeneralLUCS.doc (12/2002)
EXHIBIT "C" Attachment 1
Boones Crossing Decision
COUNCIL BILL NO. 2004
ORDINANCE NO. 2246
AN ORDINANCE ANNEXING INTO THE CITY OF WOODBURN APPROXIMATELY 63
ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF BOONES FERRY ROAD
SOUTH OF THE RAILROAD CROSSING KNOWN AS "BOONES CROSSING";
AMENDING THE CITY OF WOODBURN ZONING MAP FROM MARION COUNTY
"URBAN TRANSITION FARM" (UTF) TO CITY OF WOODBURN "SINGLE FAMILY
RESIDENTIAL" (RS); GRANTING CONDITIONAL USE APPROVAL OF A PLANNED
UNIT DEVELOPMENT (PUD); ALLOWING A VARIANCE TO OPEN SPACE/INDOOR
RECREATION STANDARDS; IMPOSING CERTAIN CONDITIONS ON APPROVAL OF
THE LAND USE APPLICATIONS; AND DECLARING AN EMERGENCY.
WHEREAS, the Woodburn Comprehensive Plan and Zoning Map have established certain
land uses within the City of Woodburn's Urban Growth Boundary, and
WHEREAS, the Woodburn City Council has reviewed the record in Annexation Case No.
97-08; Zone Change No. 97-12; Conditional Use 97-03; Planned Unit Development 97-03; and
Variance No. 97-12 and considered all of the evidence presented; and
WHEREAS, public hearings have been conducted before the Planning Commission and City
Council all of the testimony presented has been considered, NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That the real property subject to these land use applications by Polygon Northwest
Company (the "subject property") is owned by Faye Zimmer and Nancy Bocchi and is legally
described in Attachment "A", which is affixed hereto and by this reference incorporated herein.
Section 2. That the subject property is depicted on the Exhibit Map for Annexation which
is affixed hereto as Attachment `B" and is by this reference incorporated herein.
Section 3. That based upon the Findings in Support, which is affixed hereto as Attachment
"C" and is by this reference incorporated herein, the subject property is hereby annexed to the City
of Woodburn.
Section 4. That the Woodburn Zoning Map is hereby amended, as to the subject property,
from Marion County "Urban Transition Farm" (UTF) to City of Woodburn "Single Family
Residential" (RS) based upon the Findings in Support, which is affixed hereto as Attachment "C".
Page 1 - Council Bill No. 2004
qQ
Ordinance No. 2246
EXHIBIT "C"
Boones Crossing Decision
Attachment 1
Section 5. That the application granting conditional use approval of a Planned Unit
Development (PUD) is approved based upon the Findings in Support, which is affixed hereto as
Attachment "C".
Section 6. That the application allowing a Variance to open spacehindoor recreation
standards is approved based upon the Findings in Support, which is affixed hereto as Attachment "C'
Section 7. That the land use applications approved by Sections 1 through 6 herein are subject
to the conditions contained in Attachment "D", which is affixed hereto and incorporated herein, which
the Council finds reasonable. q
Approved as to form:
City Attorney Date
Approved:
Richard Jennings, kayor
Passed by the Council November 8 1999
Submitted to the Mayor November 10, 1999
Approved by the Mayor November 10, 1999
Filed in the Office of the Recorder � November 10, 1999
do
ATTEST: f
Miry IWnant City Recorder
City of Woodburn, Oregon
Page 2 - Council Bill No. 2004
Wel
Ordinance No. 2246
EXHIBIT "C"
Boones Crossing Decision
Alp",
ALPHA ENGINEERING, INC.
AUGUST 10, 1999
BOUNDARY DESCRIPTION
FOR ANNEXATION PURPOSES ONLY
BOONES CROSSING, WOODBURN
Attachment 1
ATTACHMENT
Page --L— of
JOB NO. 395-011
A PARCEL OF LAND LOCATED IN THE PETER RAYMOND DONATION LAND
CLAIM NO. 58, IN SECTIONS 18 AND 19 TOWNSHIP 5 SOUTH, RANGE I WEST,
AND SECTION 13, TOWNSHIP 5 SOUTH, RANGE 2 WEST, OF T14E
WILLAMETTE MERIDIAN, MARION COUNTY, OREGON, SAID PARCEL BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE PETER RAYMOND
DONATION LAND CLAIM NO. 58 LOCATED IN SECTION 18, TOWNSHIP 5
SOUTH, RANGE 1 WEST, OF THE WILLAMETTE MERIDIAN, MARION
COUNTY, OREGON; THENCE NORTH 89"35'00" WEST, 949.61 FEET; THENCE
SOUTH 40054'50" WEST, 88.04 FEET; THENCE NORTH 61°46'06" WEST, 102.57
FEET; THENCE SOUTH 41°17'57" WEST, 507.13 FEET TO THE TRUE POINT OF
BEGINNING AT THE SOUTHEAST CORNER OF THAT TRACT OF LAND
DESCRIBED IN REEL 224, PAGE 88, MARION COUNTY DEED RECORDS,
BEIlVG ON THE NORTH LINE OF THAT PARCEL OF LAND CONVEYED TO
FAYE E. ZIMMER AND NANCY K. BOCCHI BY DEED RECORDED IN REEL
1229, PAGE 681, MARION COUNTY DEED RECORDS, ALSO BEING ON THE
EXISTING CITY LIMITS OF THE CITY OF WOODBURN; THENCE ALONG SAID
CITY LIMITS ON SAID NORTH PARCEL LINE, NORTH 60043'29" WEST, 494.57
FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF A TRACT OF LAND
CONVEYED TO JAMES A. ROARKE AND LOIS E. ROARKE BY DEED
RECORDED IN REEL 300, PAGE 590, MARION COUNTY DEED RECORDS;
THENCE LEAVING SAID CITY LIMITS, ALONG THE EASTERLY LINE OF SAID
ROARKE TRACT, SOUTH 41015'00" WEST, 86.13 FEET, MORE OR LESS, TO AN
ANGLE POINT THEREON; THENCE ALONG SAID EASTERLY LINE AND THE
EASTERLY LINE OF THAT TRACT OF LAND CONVEYED TO EMIL KISTNER
AND TILLIE KISTNER BY DEED RECORDED IN REEL 134, PAGE 105, MARION
COUNTY DEED RECORDS, SOUTH 25°30'00" WEST, 228.23 FEET TO THE
SOUTHEAST CORNER OF SAID KISTNER TRACT; THENCE ALONG THE
SOUTH LINE OF SAID KISTNER TRACT AND ITS WESTERLY EXTENSION,
NORTH 61000'00" WEST, 589.77 FEET TO THE WESTERLY RIGHT OF WAY
LINE OF BOONES FERRY ROAD (MARKET ROAD NO. 38, BEING 60 FEET
Plata West • Suite 230.9600 SW Oak• Portland, Oregon 97223
Office 503-452-8003 • Fax 503-452-8043
EXHIBIT "C" Attachment 1
Boones Crossing Decision
ATTACHMEM'
j= W161. Page of
ALPIAA ENGINEERING, INC.
BOONES CROSSING
ANNEXATION DESCRIPTION (CONTD.)
WIDE); THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE, SOUTH
2430'00" WEST, 1802.95 FEET TO THE WESTERLY EXTENSION OF THE
NORTH LINE OF THAT PARCEL OF LAND CONVEYED TO NANCY R. VEZEY
BY DEED RECORDED AS REEL 1243, PAGE 272, MARION COUNTY DEED
RECORDS; THENCE ALONG SAID WESTERLY EXTENSION AND SAID NORTH
PARCEL LINE, SOUTH 89°15'00" EAST, 549.11 FEET; THENCE SOUTH 00°45'00"
WEST, 37.00 FEET; THENCE SOUTH 89°15'00" EAST, 1510.00 FEET, MORE OR
LESS, TO THE EAST LINE OF SAID VEZEY TRACT; THENCE ALONG SAID
EAST LINE, NORTH 00°45'00" EAST, 37.00 FEET TO THE NORTHEAST CORNER
OF SAID VEZEY TRACT, ALSO BEING THE SOUTHWEST CORNER OF THAT
TRACT OF LAND CONVEYED TO FRANK R. HAWLEY AND ALMEDA
HAWLEY BY DEED RECORDED IN REEL 323, PAGE 406, MARION COUNTY
DEED RECORDS; THENCE ALONG THE WEST LINE OF SAID HAWLEY TRACT,
AND THE WEST LINE OF THAT PARCEL DESCRIBED IN REEL 290, PAGE 157,
MARION COUNTY DEED RECORDS, NORTH 00033'40" WEST, 903.42 FEET,
MORE OR LESS, TO THE SOUTH LINE OF A TRACT OF LAND CONVEYED TO
FAYE E. ZIMMER AND NANCY K. BOCCHI BY DEED RECORDED IN REEL
1229, PAGE 683, MARION COUNTY DEED RECORDS; THENCE ALONG SAID
SOUTH LINE, AND ITS EASTERLY EXTENSION, NORTH 89°51'13" EAST, 336.92
FEET, MORE OR LESS, TO THE EAST RIGHT OF WAY LINE OF BROWN
STREET; THENCE ALONG SAID EAST RIGHT OF WAY LINE, NORTH 01°32'20"
WEST, 120.00 FEET, MORE OR LESS, TO AN ANGLE POINT ON SAID RIGHT OF
WAY LINE; THENCE ALONG SAID RIGHT OF WAY LINE, NORTH 88°27'40"
EAST, 10.00 FEET; THENCE CONTINUING ALONG SAID EAST RIGHT OF WAY
LINE, NORTH 01032'20" WEST, 305.54 FEET, MORE OR LESS, TO THE
EASTERLY EXTENSION OF THE NORTH LINE OF SAID ZIMMER AND BOCCHI
TRACT; THENCE ALONG SAID EXTENSION AND SAID NORTH LINE, SOUTH
89°5I' 13" WEST, 394.04 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER
OF PARCEL 2, AS DESCRIBED IN REEL 1393, PAGE 758, MARION COUNTY
DEED RECORDS, SAID SOUTHEAST CORNER ALSO BEING ON THE EXISTING
CITY LIMITS OF THE CITY OF WOODBURN; THENCE ALONG THE SOUTH
LINE OF SAID PARCEL 2, AND SAID EXISTING CITY LIMITS, NORTH 60001'22
WEST, 163.44 FEET, MORE OR LESS, TO THE TRUE POINT OF. BEGINNING,
CONTAINING APPROXIMATELY 63.51 ACRES.
Plaza West • Suite 230.9600 SW Oak • Portland, Oregon 97223
Office 503-452-8003 • Fax 503452-8043
31
EXHIBIT "C"
Boones Crossing Decision
Attachment 1
EXHIBI l MAID f UK ANNtxx I IUN
LOCATED IN THE PETER RAYMOND D.L.C. NO. 58
AND IN SECTIONS 18 AND 19, TOWNSHIP 5 SOUTH, RANGE 1 WEST,
AND SECTION 13, TOWNSHIP 5 SOUTH, RANGE 2 WEST, WILLAMETTE MERIDIAN
MARION COUNTY OREGON
ATTACHMENT --.„
Page I
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REGISTERED
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REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
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JON T. FEIGION
2252
VALID UNTIL 12-31-99
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SCALE:
SCALE: 1"=400' h
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(PUD -RS)
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$ 00'45'00" IN 37.00' S 89'15'00 E 1510.00
PROJECT NO. 395-011
SCALE: 1"-400'
DRAWN BY JTF
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S40'54'50 W 88.04'
N 61'46'06' W 102 57'
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TRUE POINT < /
OF BEGINNING
\ 51 NE CORNER
PETER RAYMON
CORNER
t�.�.29• a'` ,01 DLC NO. 58
N 60'01'22" W
163.44'
N 01'32'20" W i
/ 305.54'
/ N 88'27'40"E
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PLANHD G ` DCYL1AP10T.NT M=Cr3 n VAtVZYTRG
0MCL 60.1-462-MlI AL rAX 603-462-604
PLAZA TM- SUM 230 - 0600 8V OAK • PORnAND,OR 97222
EXHIBIT "C" Attachment 1
Boones Crossing Decision
ATTACHMENT C -
Page _1_ of '
11�
FINDINGS IN SUPPORT
Boones Crossing Stage Two Review
File Nos. Annexation 97-08, Zone Change 97-12, Conditional Use 97-03,
Variance 97-12, and Planned Unit Development 97-03
I. BACKGROUND INFORMATION
The applicant, Polygon Northwest, requests City of Woodburn approval for annexation,
zone change, conditional use, variance, and planned unit development preliminary plat of
Boones Crossing (File Numbers Annexation 97-08, Zone Change 97-12, Conditional Use
97-03, Variance 97-12, and Planned Unit Development 97-03). Boones Crossing,,,
contains approximately 61.9 acres and will be subdivided into 242 detached single family
residential lots, two future multifamily residential lots, a future I -acre commercial parcel,
and a future parcel with use yet to be determined. Additionally, there will be three mini -
park tracts and a 3 -acre City park tract. The primary property owner is Faye Zimmer and
Nancy Bocchi. Alpha Engineering is the project planner and engineer. The property may
be described as Tax Lots 1100 and 1400 of T5S, IW, Section 18C and a portion of Tax
Lot 600 of TSS, IW, Section 1913.
II. PROCEDURAL STATUS
In accordance with the procedures set forth in the City of Woodburn Zoning Ordinance,
an application package for the aforementioned requests for the Boones Crossing project
was submitted by the applicant on October 31, 1997 for consideration by the City of
Woodburn Planning Commission and City Council. In accordance with the City of
Woodburn Zoning Ordinance, public hearings were held by the Planning Commission
and City Council to consider the subject applications.
III. APPLICABLE APPROVAL CRITERIA
Annexation
1. The subject property is located within the City's Urban Growth Boundary and is
therefore urbanizable pursuant to Statewide Goal 14..
2. The subject property is contiguous with the existing city limits
3. The owners of Tax Lots 1100, 1400, and a portion 600 have petitioned the City
for annexation.
4. The City has the ability to provide public services to the site.
Additionally, ORS 197.175(1) requires that cities exercise their planning and zoning
responsibilities in accordance with Statewide Planning Goals when annexing
091
EXHIBIT "C" Attachment 1
Boones Crossing Decision
ATTAch(MENT
Page �� of
unincorporated territory within a city's Urban Growth Bound 11E
rP ry y Boundary. The following section
will list the applicable Statewide Planning Goals.
Goal 2 — Land Use Planning — To establish a land use planning process and policy
framework as a basis for all decision and actions related to use of land and to assure an
adequate factual base for such decisions.
FINDING:
The City has adopted a Comprehensive Plan and implementing Zoning Ordinance in
compliance with this goal. The Boones Crossing application was reviewed in compliance
with processes established by the acknowledged ordinances.
Goal 7 — Areas Subject to Natural Disasters and Hazards — To protect life and property
from natural disasters and hazards.
FINDING:
The subject site has been surveyed to determine if any hazards, such as wetlands or
floodplain impact the site. There are no hazards that would impact the proposed Boones
Crossing PUD.
Goal 10 — Housing — To provide for the housing needs of the citizens of the State
FINDING:
The subject development would provide housing opportunities for fust time homebuyers
or first time move up buyers. Additionally, the mix of single family detached and
multifamily attached residential choices gives residents of Woodburn options for housing.
Goal 11 — Public Facilities and Services — To plan and develop a timely, orderly and
efficient arrangement of public facilities and services to serve as a framework for urban
and rural development.
FINDING:
The applicant's utility plans and capital improvement plans demonstrate that public
facilities and services are available to the site. Additionally, public improvements
constructed by the Boones Crossing development will provide the framework for
extension of public services to the subject area of the City's Urban Growth Boundary.
Goal 12 — Transportation — To provide and encourage a safe, convenient and economic
transportation system.
FINDING:
The Boones Crossing development will provide necessary improvements to adjoining
streets as well as necessary street improvements internal to the development. The Boones
Crossing development will provide transportation improvements serving vehicular,
bicycle and pedestrian circulation.
011
EXHIBIT "C" Attachment 1
Boones Crossing Decision
A T®C- E® G' HE
Goal 14 — Urbanization — To provide for an orderly and efficient transition from rural to
urban land use.
FINDING:
The subject site is within the City's Urban Growth Boundary. The site is adjacent to the
existing city limits and has public utilities available to the site.
Zone Change
The applicable approval criteria for the proposed zone change is as follows:
(1) Complies with the Comprehensive Plan;
FINDING:
The proposed zone change from Marion County Urban Transition Farm (UTF) to RS
with a PUD overlay complies with the Comprehensive Plan Map designation for the site
as residential use.
(2) Yhere is a public need for the change;
FINDING:
The applicant has provided a market analysis demonstrating a need for single family lots
with homes in the $110,000 to $160,000 range. The proposed PUD has been designed
using "smart development" techniques with a mix of uses. The proposed RS zone allows
PUDs through the Conditional Use process.
(3) The need is met by this proposal;
FINDING:
The RS zone on this 61.9 acre parcel provides a single property with the scale necessary
to develop a PUD with "smart development" techniques including home sites, street
system, open space and park areas, pedestrian linkages and neighborhood commercial
opportunities.
(4) Availability of other appropriately zoned land in the vicinity;
FINDING:
There are no other single parcels of similar size necessary to a develop a PUD of this size
in the vicinity.
(S) Unable to make reasonable use of the land as it is currently zoned.
alp
EXHIBIT "C" Attachment 1
Boones Crossing Decision
AT'TAC EW 11 ]
Page of
FINDING:
The site is currently zoned County UTF. It is not developable in a manner that will meet
the needs of the area without annexation or zone change to RS.
Conditional Use
The applicable approval criteria for the proposed Conditional Use is as follows:
(1) That the Planning Commission has the power to grant the Conditional
Use;
FINDING:
Section 14.030 of the Zoning Ordinance authorizes the Planning Commission to hear and
decide Conditional Use requests. The subject conditional use was heard by the Planning
Commission prior to being forwarded to the City Council for consideration.
(2) That such Conditional Use, as described by the applicant, will be in
harmony with the purpose and intent of the district;
FINDING:
The majority of surrounding land uses are residential. The City Council has determined
that the proposed PUD will be compatible with the adjoining residential uses.
(3) That any condition imposed is necessary for the public health, safety or
welfare, or to protect the health or safety of persons working or residing
in the area, or for the protection of property or improvements in the
neighborhoods.
FINDING:
The City Council has imposed the Conditions of Approval, attached hereto, to insure that
the intent of this criterion is met.
Variance
The applicable approval criteria for the proposed Variance is as follows:
(1) That there are unnecessary, unreasonable hardships opractical
difficulties which can be relieved only by modifying the literal
requirements of the ordinance;
FINDING:
The City Council has determined that requiring 40% (24.8 acres) as common open space,
combined with the necessary right-of-way dedications on the 61.0 acre site would limit
Q-1
EXHIBIT "C" Attachment 1
Boones Crossing Decision
Page of t 11E
the ability to develop the site with "smart development" principles. The proposed
development will be providing other significant public improvements during
development. This, combined with the projected parks SDC fees will offset the reduction
in common open space.
(2) That there are exceptional or extraordinary circumstances or conditions
applying to the land, buildings, or use referred to in the application, which
circumstances or conditions do not apply generally to land, buildings or
uses in the same district; however, nonconforming land, uses, or
structures in the vicinity shall not in themselves constitute such
circumstances or conditions;
FINDING: • 1
This proposal will implement "smart development" principles contained within the City's
TGM grant study prepared by McKeever/Morris in June 1997. Surrounding properties
have developed prior to these design principles being in place, therefore setting this
property apart.
(3) That granting the application will not be materially detrimental to the
public welfare or be injurious to property or improvements in the
neighborhood of the premises;
FINDING:
The proposed PUD will be providing three mini -park areas as well as a fully improved 3 -
acre public park in an area of the City currently lacking adequate park uses. The reduction
in common open will be mitigated by these park improvements and SDC fees collected
from the development.
(4) That such variance is necessary for the preservation and enjoyment of the
substantial property rights of the petitioner;
I�
Requiring a 40% common open space dedication, combined with an approximate 20%
right-of-way dedication would only allow 40% of the site to be developed. Neighboring
conventional subdivisions are not required to dedicate 60% of its gross acreage for non-
residential uses. Therefore, this criterion is met.
(S) That the granting of the application will not, under the' ircumslances of
the particular case, adversely affect the health or safet}�bf persons
working or residing in the neighborhood of the property of the applicant;
and
FINDING:
The proposed development, with its neo -traditional characteristics will promote more
neighbor -to -neighbor interaction. The fully serviced development will have no adverse
EXHIBIT "C" Attachment 1
Boones Crossing Decision
ArrACH�IEUT C- lit
Page --f of 5
affect on the health or safety of persons working or residing in the development or in the
vicinity.
(6) That granting of the application will be in general harmony with the intent
and purpose of this ordinance and will not adversely affect any officially
adopted Comprehensive Plan.
FINDING:
The development will provide adequate public open space and park areas. These areas,
combined with the SDC parks fees will mitigate the reduction of common open space and
meets the intent and purpose of this ordinance.
Planned Unit Development
The applicable approval criteria for the proposed Planned Unit Development are
contained within the City of Woodburn Comprehensive Plan sections: A — Residential
Land Development Plan Policies; B — Commercial Land Development Policies; G —
Housing Goals and Plan Policies; H — Public Service Goals and Plan Policies; and I —
Transportation System Plan Goals and Policies.
IV. COMPLIANCE WITH COMPREHENSIVE PLAN GOALS AND POLICIES
A. Residential Land Development Plan Policies.
A-1. , Residential areas should be designed around a neighborhood concept.
Neighborhoods should be an identifiable unit bounded by arterials, non-residential uses, or
natural features of the terrain. The neighborhood should provide a focus and identity within
the community and should have a communityfacility such as a school, park or privately
owned community facility to allow for interaction within the neighborhood.
FINDING:
The Boones Crossing site is bounded by Boones Ferry Road along the project's western
portion and by a proposed south street along the project's south boundary. The development
will provide the neighborhood with three tree lined "boulevards" featuring landscaped
medians or tracts. Three mini -parks will be constructed to provide neighborhood residents
recreational opportunities. The central park will serve as the neighborh4's focal open space
area and as the nexus of the single family residential, multif y residential, and
commercial segments of the PUD. Amenities in Boones Crossing are scaled to the
neighborhood in which they have been located.
A-3. Development should promote, through the use of moderate density standards and
creative design, a feeling of openness and spaciousness with sufficient landscaped area and
open space to create a pleasant living environment.
MQ
EXHIBIT "C" Attachment 1
Boones Crossing Decision
ATTACH�llrt� �2_ 11E
Page —L„ of
FINDING:
The proposed density for the Boones Crossing PUD is approximately 5.4 units per acre. 'Ms
is consistent with the City's density range of 12 units per acre (maximum) for the Low
Density Residential Plan designation.
A-4. Streets in residential areas should be used by residents for access to collectors and
arterials. Residential streets should be designed to minimize their use for through traffic,
however, whenever possible dead-end streets and cul-de-sacs should be avoided.
FINDING:
The internal street system for Boones Crossing is designed to move vehicles through the
neighborhood with a minimum amount of out of direction travel and onto either Boones
Ferry Road or the proposed southern street. Boones Crossing is designed with a neo-
traditional, pedestrian oriented lotting pattem. The street layout has been designed to limit
vehicular travel while encouraging pedestrian and bicycle use through the provision of tree
lined streets and pathways. The number of streets accessing Boones Ferry Road and the
south arterial were kept to a minimum per City access standards, but will allow for a neo-
traditional grid -like lotting pattern. The use of narrow local residential streets will also to
serve to reduce traffic speeds further enhancing the pedestrian friendly goal of the
development.
A -S. Residential developments should strive for creative design which will maximize the
inherent values of the land being developed and encourage slow moving traffic. Each
residential development should provide for landscaping and tree planting to enhance the
livability and aesthetics of the neighborhood.
FINDING:
The internal street system, styled largely after the traditional grid pattern, will generally have
28 -foot improvement widths on the majority of the streets (City's Local Residential
"Skinny" Street standard). This narrow improvement will serve as a traffic -calming device.
All streets will have planting strips, landscaped with street trees as illustrated on Sheet 8 –
Open Space, Parks, and Street Details. Three streets will also have landscaped center
medians or tracts providing an enhanced sense of identity to the community.
A-9. Industrial and commercial uses which locate adjacent to rest ntial areas should
buffer their use by screening and design control, and should be controlled with sufficient
setback so their location will not adversely affect the residential uses.
FINDING:
The site for the commercial aspect of this development is at the intersection of Boones Ferry
Road and the proposed southern street. A primary function of the commercial area will be
Wel
EXHIBIT "C" Attachment 1
Boones Crossing Decision
ATrACHMeNT
Page of 11E
to serve the residents within the Boones Crossing PUD, therefore buffering of the
commercial uses will be accomplished through design control rather than screening. The
central park will provide a buffer between the single family uses and the commercial area.
Additionally, the multifamily area will also serve to buffer the single family uses from the
commercial area in a continuum of intensity.
A-10. High density residential areas should be located so as to minimize the possible
deleterious effects on adjacent low density residential developments. When high density and
low density areas abut, density should decrease in those areas immediately adjacent to low
density residential land. Whenever possible, buffering should be practiced by such means
as landscaping, sight -obscuring fences and hedges, and increased setbacks.
FINDING:
Streets and/or the central park will separate the multifamily residential uses from the single
family area. Land uses have been tiered to become less dense as they move away from the
intersection of Boones Ferry Road and the southern street in an effort to blend with the
surrounding community. This tiered effect places the neighborhood commercial at the
intersection of the two bordering streets. The commercial area is then ringed by the
multifamily uses and central park. The single family area then forms the outer ring of
development.
A-11. Trafc from high density residential areas should have access to collector or arterial
streets without going through other residential areas.
FINDING:
The Boones Crossing community is adjacent to an arterial street and proposed southerly
street. This location will limit the amount of traffic accessing the multifamily sites from
proceeding through existing neighborhoods.
B. Commercial Land Development Policies.
B-3. Strip zoning should be discouraged as a most unproductive form of commercial land
development. Strip zoning is characterized by the use ofsmall parcels of less than one acre,
with lot depths of less than 150 feet and parcels containing multiple dri ay access points.
Whenever possible, the City should encourage or require commercial. evelopments which
are designed to allow pedestrians to shop without relying on the private automobile to go
from shop to shop. Therefore, acreage site lots should be encouraged to develop "mall
type " developments that allow a one stop and shop opportunity. Commercial developments
or commercial development patterns which require the use of the private automobile shall
be discouraged.
EXHIBIT "C" Attachment 1
Boones Crossing Decision
ATTACH -NT G H
Page T of
FINDING:
The size of the commercial portion of Boones Crossing is sized to be of a smaller
neighborhood scale allowing pedestrians to access all shops within the commercial area
without needing to rely on their car to get from store to store. Additionally, many residents
of Boones Crossing will be able to walk or bike to the commercial area, consistent with
smart development, thus reducing the number of car trips necessary for shopping purposes.
The nature of the development is pedestrian oriented, including the commercial area which
is limited in intensity to serve the neighborhood through pedestrian connections.
B-4. Architectural design of commercial areas should be attractive with a spacious feeling
and enough landscaping to reduce the visual impact of large expanses of asphalt parking
areas.
FINDING:
Due to the commercial area's proximity to the residential area of Boones Crossing, it is
essential to ensure that the commercial area is attractive. The City will have the opportunity
to conduct a detailed review through Site Plan Review process when the commercial area
develops.
B-6. 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.
FINDING:
The commercial portion of the PUD has been sited at the intersection of Boones Feng Road,
classified as a Minor Arterial on the Transportation Plan and a proposed southern street. As
noted previously, the Boones Crossing PUD has been designed with a tiered land use
progression: commercial uses at the intersection, followed by a ring of multifamily (and
central park), followed by the single family lots. Streets, parks, and landscaping will all
serve to buffer the commercial area from the single family portion of Boones Crossing.
Also, as noted in the response to Plan Policy A-9, the buffering of the commercial area from
the residential area will be accomplished through architectural design controls.
G. housing Goals and Plan Policies.
G-1. The housing goal of the city is to insure that adequate housing for all sectors of the
community is provided.
FINDING:
The Boones Crossing PUD will provide housing opportunities for several segments of the
55
EXHIBIT "C" Attachment 1
Boones Crossing Decision
ATTACHMENTt-
Pogo _ie_ of --_7= 11I!
residential market. The development will provide housing for first time home buyers and fust
time move -up buyers as well as one or two types of attached housing (townhomes and/or
apartments) for those relying on the availability of rental units, thus addressing the needs of
three to four different sectors of the community.
C-1-2. It is the policy of the City to encourage a variety of housing types to accommodate
the demands of the local housing market.
FINDING:
As noted in response to G-1, the Boones Crossing PUD will be providing housing for three
to four market areas: the first time home buyer; first time move -up home buyers; attached
housing for rent; and apartments or townhomes (to be developed in a later development
proposal). This mix of housing will provide housing opportunities for a broad spectrum of
Woodburn's citizens.
H. Public Service Goals and Plan Policies.
H-1. It is the goal of the City to provide adequate public services to all areas of the City
to include:
* Sewer lines of adequate capacity;
* Water lines of adequate capacityfor both domestic supply and fire fighting
capabilities, and
* Storm drainage to prevent flooding of valuable property where feasible;
FINDING:
The Boones Crossing PUD will not only provide services adequate for the development of
the Boones Crossing site, but will also provide needed services to neighboring properties in
this area of the City. The extension of services to the Boogies Crossing site will enhance the
City's capability of providing these services to the City's residents beyond the Boones
Crossing site. Sewer, water and storm drain lines are provided to the property in satisfaction
of City standards. (Please refer to Sheet 7 — Utility Plan and Sheet 9 --Capital Improvements
Plan for additional details.)
H-2. To provide a central system to accommodate the service lines !include:
* Sewage treatment facilities sufficient in capacity to accommodate the City's growth
until the year 2008;
* Lift stations as necessary to service the sewer lines;
* Well storage and treatment of water as is necessary to accommodate the needs of the
City, and;
* Detention systems for flood water and storm drain runoffso as not to overburden the
drainage systems of the City.
_,y
EXHIBIT "C" Attachment 1
Boones Crossing Decision
ATTACHMENT HE
Page _U_ of
FINDING:
The Boones Crossing site will be able to utilize gravity served sanitary sewer lines. The
sanitary sewer lines constructed as a part of the Boones Crossing PUD but will also serve a
wide area in this part of the City's planning area. Regarding water, Boones Crossing will
not only be installing internal water lines, but will also be installing water lines in Boones
Ferry Road and the southern street providing water service to neighboring properties.
Boones Crossing will construct two water quality facilities to handle storm water retention
during peak flows. (Please refer to Sheet 7 —Utility Plan and Sheet 9 — Capital
Improvements Plan)
II -5. Development Zones — The City should encourage development in areas of existing
facilities first. Secondly, the City should encourage development in areas where extensions
of existing city services can be accommodated. The city should encourage development of
new areas to which services can be most cheaply extended. The City should develop any
other areas only as a last resort. The City will adhere to the policies in the Storm Water and
Water and Sewer elements of the Comprehensive Plan.
FINDING:
The 60 -acre Boones Crossing location provides the applicant with a site of sufficient scale
to develop a viable smart development project. Development at this location will provide
the City with service extensions to an area currently lacldng. The Boones Crossing PUD will
also be providing the City with street improvements proposed on the City's Transportation
System Plan. This request for PUD approval is therefore consistent with this policy.
H-6. To insure that the growth does not increase the cost to the present City residents, the
City's policy should insure that new developments pay for any additional services they
demand. The City shall institute the necessary taxes and fees to insure that this is
accomplished as far as is practical.
FINDING:
Polygon Northwest will pay for the public improvements as outlined in the conditions of
approval. Where appropriate, Polygon Northwest will pay for approved connection fees and
SDC's related to the expansion of services in compliance with this plan policy.
I. Transportation System Plan Goals and Plan Policies.
In June of 1996, the City adopted a new Transportation System Plan, Woodburn
Transportation System Plan, in compliance with the state statue and administrative rule
(OAR 660 Division 12). This plan repeals and supersedes the City's earlier transportation
plan. Appendix "E" of that plan identifies potential changes to the City Comprehensive Plan,
Subdivision Ordinance and Zoning Code. However, the City has not adopted these
recommendations.
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EXHIBIT "C" Attachment 1
Boones Crossing Decision
am
ATTACHMENT �
Page t. of t
Goal 1
Develop a multi -model transportation system that avoids or reduces reliance upon ane form
of transportation, and minimizes energy consumption and air quality impacts.
Policies:
1. Develop an expanded intra -city bus transit system which will provide added service
and route coverage to improve the mobility and accessibility of the transportation
disadvantaged, and to attract traditional auto users to use the system.
FINDING:
This plan takes into account the potential for an expanded intra -city bus transit system. The
commercial area will accommodate space for a future public transit stop serving d'ie south
end of the city. The pedestrian friendly design of Boones Crossing allows residents the
ability to walk or bike to a future transit stop at this location.
2. Develop a plan for providing travel options between Woodburn and Portland and
Portland and/or Salem, including inter -city bus service and potential bus/carpool park -n -
ride facilities.
FINDING:
Woodburn currently does not have an inter -city city transit system. If the service is initiated
as envisioned in the Transportation System Plan, the park and ride system, located at the I-5
and Oregon 214 interchange, will not have a direct physical impact on this proposed
development.
4. Develop a bikeway system which will provide routes and facilities to allow
bicyclists to travel from residential areas to schools, parks, and places of employment
and commercial areas. Qff street facilities in City greenwaytpark areas will be
identified. Insure all new collector and arterial streets are constructed with bike lanes.
FINDING:
The Woodburn Bicycle Facility Plan identifies Boones Ferry Road, Brown Road, and the
southern street to be constructed with an on -street bike route. Improvements to these rights-
of-way will provide the required on -street striped bike lane. Additionally, bike parking will
be included in public areas such as the commercial portion of the devel4nent as well as the
park areas.
S. Identify sidewalk and off-street pathway improvements to improve pedestrian
mobility within neighborhoods and between residential areas and schools, parks, places of
employment and commercial areas. Insure all new collector and arterial streets are
constructed with sidewalks.
!EA!
EXHIBIT "C" Attachment 1
Boones Crossing Decision
ATTACHMENT
Page 13—, of
FINDING:
The new Transportation System Plan recommends construction of sidewalks along with the
construction of new streets. In conjunction with the development of Boones Crossing, full
sidewalk improvements (as shown on Sheet 4 - Preliminary Subdivision Plat) will be
provided throughout the development. In addition to the provided sidewalks along the street
rights-of-way, Boones Crossing will also provide a greenbelt pathway bisecting the two
blocks immediately east of the central park (see Sheet 5 — Landscape Master Plan). This
greenbelt pathway will provide an attractive, convenient pedestrian linkage to the
development's main park parcel from the single family residential area of the PUD.
Goal 2
Develop a street system which will handle projected year 2015 traffic demands in the
Woodburn area, and interconnects residential areas with employment centers, schools,
parks, churches and regional transportation facilities.
Policies:
1. Develop an updated roadway functional classification plan for the Woodburn area,
that reflects the desired junction ofdierent roadways, and is consistent with current federal
guidelines for the designation of major streets in an urban area.
FINDING:
Boones Ferry Road and the southern street are both shown as Minor Arterials on the City's
Street Functional Classification Plan. Brown Road is classified as an Access Street on the
Plan. The Boones Crossing PUD will appropriately connect to all three roads. The
dedication and construction of the southern street provides the City with a needed
transportation link identified in the City's Transportation System Plan.
4. Identify new east -west and north -south collector/minor arterial streets within the
City to relieve traffic demands on Highways 219/214, 211 and 99E.
FINDING:
The City has identified a new south arterial connecting Highway 214 and Highway 99E in
the western and southern portion of the City. The alignment for the new south arterial was
determined in part by the analysis of Kittleson and Associates, a transportation planning and
traffic engineering consulting firm and through the cooperation of the prqperty owners in the
area who are supportive of the proposed alignment. The applicant hat incorporated this
arterial into the Boones Crossing plan and will build that portion of.thd roadway adjacent to
the project.
S. Develop updated street design standards for arterial, collectors, and local streets.
:AR
EXHIBIT "C" Attachment 1
Boones Crossing Decision
ATTACFiQAENT C-' HE
Page 1 - of
FINDING:
Polygon Northwest will comply with street design standards as specified in the June 1996
Transportation System Plan. Boons Ferry Road and the southern street will be constructed
to the standards for a minor arterial. Interior streets, with the exception of the landscaped
boulevards, will be designed to the local residential "skinny" street with parking on both
sides. The landscaped boulevard streets have a modified design that provides two 14 -foot
travel lanes with a 10 -foot landscaped median and no on -street parking. Please refer to Street
Sections on Sheet 8 — Open Space, Parks, and Street Details.
Goal 3
Develop transportation improvements that will improve overall traffic safety in the
Woodburn area.
Policies:
2. Develop a plan for improving pedestrian and bicycle safety for travel tolfrom local
schools.
FINDING:
Boons Crossing has full street improvements throughout the development providing
sidewalks on all streets and bike lanes on those streets identified on the City's Bicycle
Facility Plan. Internal to the Boones Crossing development, the streets have narrow street
sections or traffic medians to reduce speeds. Externally, Boones Crossing will be providing
needed improvements to two arterials and one access street.
Goal 4
Develop a set ofreliable funding sources that can be applied to fund future transportation
improvements in the Woodburn area.
Policies:
3. Identify a traffic impact fee structure associated with new developments in the
Woodburn area to fund transportation improvements.
FINDING:
Polygon Northwest will comply with the adopted SDC fee and TIF schedule.
Goal S
Develop amendments to City land use standards and ordinances to reduce travel demand
and promote use of modes of transportation other than the automobile,
Policies:
1. Identify changes in the Woodburn Zoning Ordinance to encourage implementation
of Transportation Demand Management (TDM) strategies by local businesses. TDM
EXHIBIT "C" Attachment 1
Boones Crossing Decision
Page of
strategies should include bicycle and car pool parking provisions, and allowable overall
parking reductions for employer institution of TDM strategies, including transit fare
subsidies, car pool matching programs, and flexible work hours.
2. Identify changes in the Woodburn Zoning ordinance to encourage transit and
pedestrian -oriented development. This includes proper building orientation to improve
access for transit users and patrons, direct pedestrian connections, and bus stop provisions
where appropriate development.
3. Idents changes in the Woodburn Subdivision Standards to encourage neo-
traditional development pattern and adequate local street standards to accommodate all
modes of transportation.
4. Adopt traffic impact analysis guidelines to be used by the City and developers to
identify the impact of new development on street system improvement needs.
FINDING:
The City has identified potential changes to the Zoning Ordinance, and Subdivision
Standards and Comprehensive Plan to implement these policy recommendations. To date
these changes have not been adopted by the City Council and are therefore, not directly
applicable.
MENIF
l: wcm"DRV1150)MeNbig)D)MA0117
Testimony in support of the applications was presented by the applicant and their
representatives.
There was no opposing testimony.
!F/
0
EXHIBIT "C" Attachment 1
Boones Crossing Decision
ATTACHMENT��
CONDITIONS OF APPROVAL page —L— of �1
The applications are granted subject to the following conditions:
A. PLANNING:
1. The conditional use and variance requests are subject to the approval of the
annexation and zone change requests.
2. Any subdivision of the parcels shall comply with the applicable zoning ordinances and
regulations and any ordinance or regulation adopted under ORS 92.044 that are in effect
at the time of approval.
3. The Planned Unit Development (hereinafter "the PUD") shall be in substantial
conformitywith the preliminary plan.
4. The Applicant shall provide for the installation of all franchised utilities and any
required easements on the final plat. Street lighting shall also be provided, as per PGE
plan schedule `B."
5. The Applicant shall provide City staff with a final light plan for the proposed
development for review by the Planning and Police Departments.
6. The Applicant shall show compliance with the vision clearance standard specified in
Chapter 8 of the Woodburn Zoning Ordinance.
7. The Applicant shall setback the garage 20 feet from the front property line or 20 feet
from the side property line if the side yard is adjacent to a street.
8. The Applicant shall comply with the single family dwelling driveway standards
specified in Chapter 10 of the Woodburn Zoning Ordinance.
9. The Applicant shall apply for site plan review for placement of the multi -family units
and neighborhood commercial buildings in Phases 3 and 4. In addition, the Applicant
shall include the development of the neighborhood park in Phase 2 rather than Phase 3.
The neighborhood park shall be available for use by the single family lots within Phases 1
and 2 of the Boones Crossing PUD at the time that these phases are co,pleted.
10. The phases of the development shall be Phases 1, 2, 3, and 4 as, depicted on the
following preliminary plat/subdivision map:
Page 1 - Conditions of Approval, Boones Crossing PUD
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EXHIBIT "C
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11. SCOPE OF USES ALLOWED WrTHIlv THE NEIGHBORHOOD
COMMERCIAL AREA AND CONDITIONS ON ALLOWED USES.
The areas identified in the Applicant's site plan, designated for commercial use, shall be
restricted to neighborhood commercial uses as set forth below.
The neighborhood commercial area shall be primarily oriented to serve the residents of the
PUD. Neighborhood commercial uses are intended to be low -impact, pedestrian -oriented
businesses. The proximity of these commercial uses to residential uses in the PUD should
reduce automobile trips and promote energy conservation. Furthermore, this
neighborhood commercial area should not significantly compete with similar uses in other
areas of the city. Such uses shall be limited to certain types of personal services, retail
businesses and professional offices. The standards set forth below will allow the city to
control the impacts of such development, while at the same time, provide reasonable
flexibility in attracting viable and compatible commercial businesses to support this mixed-
use development.
The allowed uses within the neighborhood commercial areas identified in this PUD shall
be as follows, subject to site plan review:
a. Permitted Uses
i. Family Services
(1) Pre-schools
(2) Day care facilities
(3) Nurseries
(4) Kindergartens
(5) Other family service uses determined by the Planning Director to be
similar in nature and impact to the uses set forth above
ii. Personal Services with a gross floor area per business of 5,000 square feet
or less, including:
(1) Barber shops
(2) Beauty shops
(3) Bank or other financial institutions
(4) Laundry and tailor services
(5) Pharmacies
(6) Real estate offices
(7) Other personal services determined by the Planning Director to be
similar in nature and impact to the uses set forth above
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—J-77—
iii. Retail Businesses with a gross floor area per business of 5,000 square feet
or less, including:
(1) Antique shops
(2) Art and photo supply shops
(3) Cafes, coffee houses and bakeries
(4) Ice cream/candy stores
(5) Florists
(6) Gift Shops
(7) Other retail businesses determined by the Planning Director to be
similar in nature and impact to the uses set forth above.
iv. Single Family Dwellings above, beside or behind a neighborhood
commercial use.
b. Conditional Uses:
i. Grocery Stores/Health Food Stores
H. Video Rental Stores
iii. Professional offices for accountants, attorneys, medical, dental or other allied
professional offices and clinics, primarily oriented to serve residents of the
PUD.
C. Conditions on Allowed Uses:
L Businesses may be open to the public only between the hours of 9 a.m. to 7
p.m.
ii. Personal services or retail businesses with more than 5,000 square feet of
gross floor area per business shall not be allowed.
iii. No drive through businesses shall be allowed.
iv. All Site Plan Reviews shall be reviewed by the Home Owner's Association
prior to submittal to the Planning Commission.
v. That portion of the PUD south of the eastlwest minor arterial shall be
designated a base zone of PUD Single Family Residential subject to the right
of the Applicant to apply to the Planning Commission and the City Council at
a later date to obtain authorization to use the area for commercial uses.
12. The Applicant shall provide City staff with a copy of the final CC & R's
(Homeowner's Association) before City staff will sign off on the plat. Pe Applicant shall
also provide City staff with a copy of the recorded CC & R's.
13, The Applicant shall incorporate the multi -family complexes and neighborhood
commercial areas into the Home Owner's Association CC & R's.
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Page _,� of _1 L__®
14. The Applicant shall construct and dedicate to the City a three -acre neighborhood park
to be located within the PUD.
The park will be open to the public and will serve the PUD and surrounding
neighborhood.
15. Construction of the neighborhood park by the Applicant shall conform to all City
standards. The Applicant's minimum design and construction budget (which shall be
expended by the Applicant to create the neighborhood park) shall be $350,000.
16. In addition to the neighborhood park described above, the Applicant shall pay
to the City a Recreation and Parks Systems Development Charge of $161,805.
This is collected as a regulatory charge, based upon the City's Systems
Development Charge methodology, and does not constitute a development
exaction.
17. Final plans shall conform to the construction plan review procedures and standards.
The final construction plan shall include street landscaping and lighting. Street
landscaping shall be complete prior to acceptance by the City.
18. Construction shall conform to the City of Woodburn standard specifications and all
state building codes.
19. The Applicant shall provide the City with an acceptable bond or contract for
improvements as required in the Woodburn Subdivision Standards, Chapter III Section 6
(4) prior to acceptance of the final plat and issuance of a building permit.
20. Prior to any construction, a reproducible mylar of the final plat shall be filed with the
Public Works Department after all required signatures have been obtained and the plat has
been recorded with Marion County.
21. ®n -site construction shall not commence until the improvement plans have been
reviewed and approved by the Public Works Department and all right-of-way permits,
system development charges and park fees in effect at the time of building permit issuance
have been paid.
22. Upon acceptable completion of all improvements to be maintained by the City, the
developer shall provide the City a maintenance bond good for one year�in the amount of
10% of the improvement cost.
23. Prior to building permit issuance the Applicant shall submit one set of reproducible
as-builts.
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ATTACHMENT D
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24. Site Plan Review shall be required for the proposed multi -family units within the
PUD. At the time of Site Plan Review, the Applicant shall comply with the Woodburn
Zoning Ordinance.
25. The Applicant shall conform to the `Boons Crossing Landscape Master Plan"
(which was submitted by the Applicant and marked Attachment P) which is incorporated
herein by the reference. The Applicant shall also conform to the `Boons Crossing Open
Space, Parks, and Street Details" (which was submitted by the Applicant and marked
Attachment Q) which is also incorporated herein by this reference.
The Applicant shall place street trees along each of the roadways and shall cooperate with
the Woodburn Parks Department in the design of the 3 acre neighborhood park on the
southwest side of the subject site which the Applicant is required to dedicate and
construct.
26. The Homeowner's Association shall be responsible for watering, maintaining all
landscaped areas, and for replacing dead or dying plant materials. The Applicant shall
assume Homeowner's Association responsibilities with respect to landscape maintenance
during the first year of each phase of construction. The Applicant shall install a permanent
irrigation system under the common landscaped areas. Any other landscaped areas, such
as the pedestrian pathway and landscaped medians, shall be planted with materials that are
not dependent upon irrigation."
27. Prior to construction, the Applicant shall provide a concept illustration and
preliminary scale drawing of the proposed entry monument signs to City staff for review
and approval."
28. The Applicant shall be responsible for platting and recording the lot in accordance
with the subdivision standards.
B. PUBLIC WORKS: GENERAL CONDITIONS
1. The final plan shall conform to the construction plan review procedures and
standards.
2. On-site existing water wells and subsurface sewage disposal systems shall be
abandoned by the Applicant in accordance with state regulations.
3. All City -maintained facilities located on private property. shall i quire a minimum
16 -foot wide utility easement to be conveyed to the City. - --
4. The Applicant, not the City is responsible for obtaining permits from any state
and/or federal agencies which may require approval or permit.
Page 6 - Conditions of Approval, Boones Crossing PUD
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ATTACHMENT ALa:
A .
Page of
5. The Applicant, by this development, shall not cause storm water runoff to be
impounded on adjacent properties.
6. The subdivision shall be platted in accordance with standard surveying practice,
approved and recorded with Marion County.
7. The Applicant shall provide for the installation of all franchised utilities and shall
provide any required easements on the final plat. Street lighting shall also be
installed by the applicant as per PGE plan schedule `B".
8. The Owner/Applicant shall be required to enter into an improvement agreement as
outlined in the Woodburn Zoning Ordinance, Chapter III, Section 6 prior to
acceptance of the final plat. Also prior to construction of the subdivision
commencing the City will require approved construction plans, a performance
bond in the amount of 100% of the constructions costs and that the construction
permit fees be paid.
Q. All work shall conform to the City of Woodburn Standards and all State Building
Codes and regulations.
10. The Applicant shall provide engineering plans for all the improvements outlined in
the Conditions of Approval. No construction activities shall be initiated until the
City -approved engineering plans are received by the Applicant. After completion
of the development, the Applicant shall provide "as builts" to the City.
11. No SDC credits shall be allowed for the improvements which are required by the
City as Conditions of Approval.
C. PUBLIC WORKS: STREET CONDITIONS
Boones Ferry Road shall be improved from the south boundary of this
development to the existing railroad crossing approximately 150 feet north of this
development. This shall be a full street improvement, not half street as indicated in
the application. The improvement shall be in conformance with the Transportation
System Plan (hereinafter "TSP"), wherein Boones Ferry Road is designated as a
minor arterial. The railroad crossing on Boones Ferry/Settlemier Avenue is
currently being designed by the City and is to be scheduled forimprovement. The
improvement portion shall end approximately 100 feet south othe existing
crossing. The pavement thickness constructed by the applicant shall meet the
structural strength of an arterial street.
Boones Ferry Road is an existing 60 -foot wide right-of-way. In accordance with
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Boones Crossing Decision
ATTACFj�AENT J 11E
page iL— of
the TSP, an additional 7 feet of right-of-way and a 10 -foot wide utility easement
shall be dedicated by the Applicant to the City adjacent to this development.
The Applicant shall provide 50 feet wide right -of-ways and 28 feet wide
improved streets with parking on both sides along the interior residential streets
and 60 feet wide right-of-ways and 38 foot wide improved street with a 10 -foot
wide landscape boulevard in the center, with no on street parking for these interior
residential collectors. In addition, the Applicant shall provide 10 foot wide utility
easements adjacent to the right-of-way line on all interior streets.
4. The Applicant shall provide connector paths of grass trete material for
emergency access at the end of several dead end streets, and not provide a cul-de-
sac for turn around provisions. The Homeowner's Association shall be responsible
for the maintenance of the area, including the grass trete provided for emergency
access. The final design shall make provisions to restrict access for other vehicles
except emergency vehicles.
D. PUBLIC WORKS: BROWN STREET IMPROVEMENTS
Brown Street adjacent to this development; shall be improved in conformance with
the Transportation System Plan (TSP). This shall be full street improvement, not a
half street improvement as indicated in the application. A standard 60 foot right-
of-way shall be required. The Applicant shall dedicate to the City that amount of
right-of-way necessary to meet the 60 foot standard.
2. Right -of -Way Acquisition and Improvement.
a. The Applicant has agreed to pay and shall pay to the City the full amount of
the City's costs necessary for the City to condemn the disputed right-of-way
of Brown Street from the northeast portion of the proposed PUD to
Comstock Way to the north provided that such payment from the Applicant
to the City not exceed $20,000. The City shall invoice the Applicant for all
necessary costs related to the condemnation of this property and the Applicant
shall pay the amount due to the City 30 days after the invoice is received.
b. If the City takes legal possession of the condemnedd-propek within 2 years of
the passage of the Ordinance granting development approval or by the
completion of Phase I, whichever time is later, the Applicant shall be required
to improve Brown Street from the northeast portion of the proposed PUD to
Comstock Way to the north within 1 year of the time that the City acquired
Page 8 - Conditions of Approval, Boones Crossing PUD
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ATTAC ENT HE
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possession or prior to the completion of Phase 1, whichever time is sooner.
(Note: This is in addition to the full width improvement of Brown Street
required along the development itself) .
• The connecting paved portion of road shall be at least 24' wide with
curb and gutter on both sides, a sidewalk on one side, and storm
drains as required by engineering design standards
• If additional widening of the connecting road is required, cost
distribution shall be allocated as outlined below:
• The City and the Applicant shall equally share the cost of widening the
street from 24' to 29'
• The City or the adjoining property owners shall pay any additional
cost needed to widen the street beyond 29' width
C. Brown Street Sidewalk;
To provide safety to pedestrians, the Applicant shall install a sidewalk along
that side of Brown Street to be decided by the City from the end of the new
Steklov housing development near Bradley Street to Cleveland Street. The
actual costs of this sidewalk improvement shall be borne equally by the
Applicant and the City. This cost is estimated to be $40,000 to be paid by
the City and $40,000 to be paid by the Applicant. All other sidewalks must be
constructed according to prior conditions and city standards.
2. All of the Brown Street sidewalk construction shall be completed by the
Applicant as a part of Phase 1 infrastructure improvements
E. Brown Street Patching and Resurfacing
Because of the deep sewer line construction, a standard asphalt patch shall be
applied to the entire length of the Brown Street trench from Cleveland Street to
Comstock Way by the Applicant.
2. The Applicant shall resurface Brown Street from the Comstock Way intersection
to the Bradley Street intersection after providing the required asphalt grinding.
3. As a part of its city-wide resurfacing program, the City shall pa for street
resurfacing from Bradley Street to Cleveland Street.
a. The south arterial shall be improved by the Applicant in accordance with the
TSP as a minor arterial. A 36 foot wide street improvement on 74 feet right-
of-way shall be required along the south portion of the property from Boones
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ATTACHMENTLL— HE
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Ferry Road to the east property line. Sidewalks shall be required on the north
side of the arterial and shall not be required on the south side. Curbs shall be
required on both sides. The Applicant shall increase the 36 foot wide
pavement improvement to 48 feet wide when the commercial development
occurs within the PUD.
b. In summary, the Applicant shall provide the following street improvements:
Improvements Applicant Responsibility
Street inside the subdivision - Sidewalks on both sides w/ standard full width
as per adopted transportation system pavement* up to 34' wide as shown
plan (TSP) on TSP
b. Street outside the subdivision - one -side sidewalk w/ standard full width
iii Adjoining residential portion of pavement* up to 34' wide
subdivision development, conform
to TSP for width
Adjoining multi -family and
commercial portion of
subdivision, conform to TSP for
width
one -side sidewalk w/ standard fullwidth
pavement* as indicated on adopted TSP
iii. Not adjoining subdivision - i.e.,
one -side sidewalk w/ two traffic lanes, i.e., up to
extended to another connection
24' wide pavement* (such as existing gravel
point as a secondary access,
portion of Brown Rd connection or as required by
conform to council approved
council approved conditions) width between 24'&
conditions
29' shall be shared by the city. Applicant shall
not be responsible beyond the 29' width
iv Not adjoining subdivision - i.e.,
extended to another connection
point as a primary access,
conform to council approved
conditions
one -side sidewalk w/ up to 34' wide pavement*
*The added cost of pavement thickness due to structural strength need shall be paid by the Applicant
for the widths outlined.
E. PUBLIC WORKS: DRAINAGE
The storm sewer system and on-site detention shall comply with the City's Storm Water
Management Plan and Public Works Storm Water Practices. A hydraulic analysis shall be
provided to the City by the Applicant for review and approval.
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On-site detention facilities shall be maintained by the Homeowners Association. Phase I
proposes to discharge through the existing facilities constructed with the Steklov Addition,
which is acceptable.
Phase 2 proposes to locate a facility in the southern portion of the development,
discharging to Mill Creek through open drainage way. This shall require proper easements
for locating the system on private property and future access for maintenance needs be
provided. After review of the hydraulic analysis, the use and features of surrounding area
it may be that an open drainage way would not be allowed, but rather a underground pipe
system would be required. All necessary easements with third parties shall be provided by
the Applicant to the City prior to Phase 2 plat approval.
The development shall be subject to wetland regulations. The Division of State Lands
shall be contacted and proper permits obtained, if required.
D. SANITARY SEWER;
The Applicant shall, at its cost, serve the entire development, all phases, by installing a
deep sanitary sewer loam from the Mill Creek interceptor located at the intersection of
Brown and Cleveland to the south and east ends of the development. The entire width of
Brown Street, that has been recently paved, shall be resurfaced by the Applicant after
patching the sewer trench. Phased sewer line construction shall be allowed, however, the
termini of sewer line locations and depths shall be such that it is suited for future
extensions to adjoining areas including the south end of the development.
The preferred location for the sanitary sewer extension shall be within the southerly
extension of Brown Street. However, if the right-of-way or easements can not be obtained,
the system may be constructed through the rear lots of the Steklov Addition as proposed by
the Applicant. This shall be acceptable only if the Applicant provides the necessary
easements the city, including access to each manhole for future maintenance.
If the deep sanitary sewer is not installed in the preferred Brown Street location then the
sanitary sewer shall be extended to Brown Street through either Vine Street or Park View
Blvd. It shall then be extended to the North and South line of the development at a
sufficient depth to provide for the future extensions.
E. WATER:
The 12" dia. water main shall be extended along Boones Ferry Road and the South
Arterial to the east boundary of this development as proposed by the_ plicant
The interior water mains shall be internally looped and shall be sized in accordance with
flow and fire protection requirements.
The minimum looping requirements outside of the interior mains shall be as per the
following.
Page 11 - Conditions of Approval, Boones Crossing PUD
67%]
EXHIBIT "C" Attachment 1
Boones Crossing Decision
ATTACHrof
HE
Page
a. The interior system shall connect to the proposed 12" dia. main at each proposed
street intersection, including the streets providing only emergency access.
b. The interior system shall be looped to provide proper fire flow and water quality.
Prior to the development of Phase 2, this system shall be connected to either the
existing city main located in Parr Road (Steklov Subdivision) or the existing main
located on Brown Street, near Comstock Way.
The water line shall also be installed within Brown Street adjacent to this
development, and shall be extended to the north and south property line. The main
shall be sized according to flow requirements, however the minimum size shall be 8"
in dia.
C. The interior system shall be connected to proposed system at the end of Bridlewood
Subdivision at the end of Azalea Street. The minimum size shall be 8" in dia.
d. The proposed water main serving the cul-de-sac on Pana Street shall be looped to the
proposed main inAzalea Street.
2. Fire protection requirements, access, fire hydrant requirements and fire protection issues
shall according the Woodburn Fire Districts conditions of approval.
Actual fire hydrant locations and in line valving locations shall not be determined until the
construction plan review phase.
See wastewater/water comments in regard to cross connection requirements.
F. FIRE
1. The Applicant shall provide and maintain driveable access to within 150 feet on all sides of the
exterior of all structures.
2. A minimum fire flow/water supply of 1000 gpm shall be provided and maintained for single
family residential, with a minimum of 1500 gpm for commercial and multifainily structures. Note:
commercial structures could require a higher flow depending on type of construction, size, use and
whether they are sprinkled.
3. Hydrants shall be spaced at an average maximum distance of 500 feet. No structure
shall be more than 250 feet from a hydrant. Specific locations shall be appred by the City water
department and the Fire District.
4. All sprinkler installation and requirements shall be subject to approval of the City Building
Department and Woodburn Fire District.
Page 12 - Conditions of Approval, Boones Crossing PUD
6'1']
EXHIBIT "C" Attachment 1
Boones Crossing Decision
ATTACHMENT -1>11E
Pago / _.of
a. The interior system shall connect to the proposed 12" dia. main at each proposed
street intersection, including the streets providing only emergency access.
b. The interior system shall be looped to provide proper fire flow and water quality.
Prior to the development of Phase 2 , this system shall be connected to either the
existing city main located in Parr Road (Steklov Subdivision) or the existing main
located on Brown Street, near Comstock Way.
The water line shall also be installed within Brown Street adjacent to this
development, and shall be extended to the north and south property line. The main
shall be sized according to flow requirements, however the minimum size shall be S"
in dia.
C. The interior system shall be connected to proposed system at the end of Bridlewood
Subdivision at the end of Azalea Street. The minimum size shall be S" in dia.
d. The proposed water main serving the cul-de-sac on Pana Street shall be looped to the
proposed main in Azalea Street.
Fire protection requirements, access, fire hydrant requirements and fire protection issues
shall according the Woodburn Fire Districts conditions of approval.
Actual fire hydrant locations and in line valving locations shall not be determined until the
construction plan review phase.
See wastewater/water comments in regard to cross connection requirements.
1 ENIMA9
1. The Applicant shall provide and maintain driveable access to within 150 feet on all sides of the
exterior of all structures.
2. A minimum fire flow/water supply of 1000 gpm shall be provided and maintained for single
family residential, with a minimum of 1500 gpm for commercial and multifamily structures. Note:
commercial structures could require a higher flow depending on type of construction, size, use and
whether they are sprinkled.
3. Hydrants shall be spaced at an average maximum distance of 500 feet No structure
shall be more than 250 feet from a hydrant. Specific locations shall be appro by the City water
department and the Fire District.
4. All sprinkler installation and requirements shall be subject to approval of the City Building
Department and Woodburn Fire District.
Page 12 - Conditions of Approval, Boones Crossing PUD
EXHIBIT "C" Attachment 1
Boones Crossing Decision
ATTACHMENT 1 . LZ
Page _L-3-- Pf 3
5. As to premise identification, all markings and locations shall meet City standards. The
following street names are in conflict and shall not be used: Elm, Pine, Maple, Ash, Oak, Park
View, Azalea. Pana as proposed does not connect . The Applicant shall submit a new street name
for one of the two unconnected streets.
6. An onsite water supply system shall be available, operational and acceptable to the City prior
to the construction of any combustible buildings. Access during construction shall support the
weight of fire apparatus and allow access to structures.
G. RECORDATION: Per City Council direction, the Woodburn Planning Department shall record
the Conditions of Approval in the deed records of Marion County.
THE APPLICANT REPRESENTS THAT IT HAS READ AND AGREES TO ABIDE BY THE
FOREGOING CONDITIONS OF APPROVAL
Polygon Northwest Company
Page 13 - Conditions of Approval, Boones Crossing PUD
A I
EXHIBIT "C"
Boones Crossing Decision
Attachment 1
CASE NO(S): PLANNED UNIT DEVELOPMENT )
BOONES CROSSING ) AFFIDAVIT PURSUANT TO
} ORS 197.763
}
STATE OF OREGON
COUNTY OF MARION
I, JIM MULDER, being first duly sworn upon oath do depose and say as follows:
Name o ye
mp oe
That I am an employee of the City of Woodburn.
That on November 30" , 2000 1 mailed copies of the notice attached to this affidavit as
Exhibit "A" to the applicant. The notices were sealed and addressed and were deposited in the
United States mail at Woodburn, Oregon, with postage thereon prepaid.
Dated this 30th day of November, 2000.
r
J
i
Subscribed and sworn to before me this 30th day offNNovember, 2000.
Notary Public for Oregon
OFFICIAL SEAL
NANCY DE VAULT My commission expires:_ i
NOTARY PUBLIC -OREGON
COMMISSION NO.327286
*my COMMISSION EXPIRES SEPT. 19, 2003
PNOTICEWFIMAIL.PN
0 ORION, ....
EXHIBIT "C" Attachment 1
Boones Crossing Decision
270 Montgomery Street Woodburn, Oregon 97071 • (503) 982-5222
TDD (503) 982-7433 a FAX (503) 982-5244
matter which was passed by the City Council on November 27, 2000. The ordinance
modifies Planned Unit Development (PUD) 97-03, known as "Boones Crossing", by
11 bell!e 11.1111C jrF*,@lUZ5e1 UeTel*Afflerlt in AUT (ii ieqivjLffR Tel
tialwl; bdiiiii0y Uan I
A copy of this ordinance is available for inspection at no cost and a copy will be provided
at a reasonable cost at Woodburn City Hall, Community Development Dept., 270
Montgomery Street, Woodburn, OR 97071. If you have any questions, please contact this
office at (503) 982-5246.
APPEAL RIGHTS: The final decision of the City Council is appealable to the State Land
Use Board of Appeals (LUBA) by filing a "Notice of Intent to Appeal" with LUBA not later
than 21 days after the date this notice was mailed. The appeal process is contained in
ORS 197.805 to 197.860.
Dated and mailed this 30th day of November, 2000.
Jar�e. P. Mulde'r
Dir Vor of Community Development
Exhibit "A"
W
EXHIBIT "C" Attachment 1
Boones Crossing Decision
COUNCIL BILL NO. 2275
ORDINANCE NO. 2275
AN ORDINANCE APPROVING THE MODIFICATION OF A CONDITION IMPOSED
PREVIOUSLY BY THE CITY COUNCIL IN PLANNED UNIT DEVELOPMENT NO.
97-03 (KNOWN AS BOONES CROSSING); AND DECLARING AN EMERGENCY.
WHEREAS, the applicant, Polygon Northwest, submitted Planned Unit Development
Application No. 00-02; and
WHEREAS, this application requested a modification of Plamled Unit Development (PUD)
97-03, known as `Boones Crossing," to modify Condition ofApproval "D-1 " to allow the alternative
of a sanitary sewer lift station to serve the proposed development in lieu of requiring only a deep
gravity sanitary sewer, and;
WHEREAS, the Woodburn Planning Commission reviewed the matter at a public hearing
on September 28, 2000 and adopted a final order on October 12, 2000 recommending that the City
Council approve the application , and;
WHEREAS, the Woodburn City Council has reviewed the record pertaining to said
application and heard all public testimony presented on said application; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That PUD Application No. 00-02 is approved and condition "D-1" of PUD 97-
03 is amended to read as follows:
D. SANITARY SEWER:
1. The Applicant shall, at its cost, either serve the entire development, all
phases, by installing a deep sanitary sewer main from the Mill Creek
interceptor located at the intersection of Brown and Cleveland to the south
and east ends of the development or install a lift station in the southeast
corner of the site, of the size and depth (35+/- feet) to serve future needs
and be acceptable to the City's Public Works Department with a 4 -inch
force main for initial use and a permanent 8 -inch force main (for future
use) to the Mill Creek interceptor. The entire width of Brown Street, that
has been recently paved, shall be resurfaced by the Applicant after
patching the sewer trench. Phased sewer line construction shall be
Page 1 - COUNCIL BILL NO. 2275
ORDINANCE NO. 2275
Exhibit "A"
EXHIBIT "C"
Boones Crossing Decision
Attachment 1
allowed, however, the termini of sewer line locations and depths shall be
such that it is suited for future extensions to adjoining areas including the
south end of the development.
The preferred location for the sanitary sewer extension shall be within the
southerly extension of Brown Street. However, if the right-of-way or
easements can not be obtained, the system may be constructed though the
rear lots of the Steklov Addition as proposed by the Applicant. This shall
be acceptable only if the Applicant provides the necessary easements to
the city, including access to each manhole for future maintenance.
If the deep sanitary sewer is not installed in the preferred Brown Street
location then the sanitary sewer shall be extended to Brown Street through
either Vine Street or Park View Blvd. It shall then be extended to the
North and South line of the development at a sufficient depth to provide
for the future extensions.
2. Applicant and property owner shall submit to the Community
Development Department a signed "Acceptance of Conditions" agreeing
to all conditions of approval. The signed document must be received by
the Community Development Department before the application approval
shall become effective.
Section 2. That the application is approved based upon the Findings in Support, which is
affixed hereto as Attachment "A".
Section 3. That this ordinance being necessary for the immediate preservation of the
public peace, health, and safety, an emergency is declared to exist and this ordinance shall take
effect immediately upon passage by the Counc' an approval by the Mayor.
1-- 0 I - 2,0'00
Approved as to form:
City Attorney Date
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
Page 2 - COUNCIL BILL NO. 2275
ORDINANCE NO. 2275
r1
Approved:
Richard Jennings, Vyor
C�7
November 27, 2000
November 29, 2000
November 29, 2000
November 29, 2000
EXHIBIT "C" Attachment 1
Boones Crossing Decision
ATTEST:
Mary Te ant City Recorder
City of Woodburn, Oregon
Page 3 - COUNCIL BILL NO. 2275
ORDINANCE NO. 2275
EXHIBIT "C" Attachment 1
Boones Crossing Decision
ATTACHMENT "A"
FINDINGS IN SUPPORT
PLANNED UNIT DEVELOPMENT 00-02
APPLICATION INFORMATION:
Applicant: Polygon Northwest
2700 NE Andresen, Suite D22
Vancouver, WA 98661
Property Owner: Nancy Bocchi
19164 SW Chesapeake Dr.
Tualatin, OR 97067
Faye Zimmer
16175 NW Blueridge Dr.
Beaverton, OR 97006
NATURE OF APPLICATION:
The applicant requests a modification of Planned Unit Development (PUD) 97-03,
known as "Boones Crossing", to modify Condition of Approval "D-1" to allow the
alternative of a sanitary sewer lift station to serve the proposed development in lieu
of requiring only a deep gravity sanitary sewer.
111. RELEVANT FACTS:
Boones Crossing PUD was approved by the City Council on November 8, 1999.
The Council's decision also included approval of applications for annexation
(Annexation 97-08), zone change (Zone Change 97-12), conditional use
(Conditional Use 97-03), and variance (Variance 97-12). Boones Crossing PUD
consists of a 62 acre mixed used development including a 241 lot single family
residential subdivision, a 94 unit multiple family complex, and two acres of
commercial property.
The City Council in approving the project adopted Ordinance No. 2246 which
specified certain conditions of approval. One of these conditions, condition "D-1 ",
requires the developer to install a deep gravity sanitary sewer to connect the project
site to the existing city system. The applicant is currently in the process of
developing improvement plans for phase 1 of the single family residential
subdivision. During this process, the applicant determined that installation of the
required deep gravity sanitary sewer would be extraordinarily expensive for various
FINDINGS IN SUPPORT - PUD 00-02
AA
Page 1
EXHIBIT "C" Attachment 1
Boones Crossing Decision
reasons. As a result, the applicant met with City staff to discuss alternatives and
decided to submit a request to modify condition "D-1" to allow the Public Works
Director the discretion to allow flexibility as to whether to allow a deep gravity
system or a lift station.
The proposed development is generally located on the east side of Boones Ferry
Road and south of Parr Road and can be identified on Marion County Assessor's
maps as T5S, R1W, Section 18C, Tax Lots 1100 and 1400, and Section 1913,
portion of Tax Lot 600.
IV. RELEVANT APPROVAL CRITERIA:
A. Woodburn Comprehensive Plan
B. Woodburn Zoning Ordinance:
Chapter 21 Planned Unit Development
V. FINDINGS:
A. Woodburn Comprehensive Plan
FINDING: Applicable goals and policies of the Comprehensive Plan have
been satisfied through the implementing ordinances of the adopted
subdivision standards, zoning ordinance and other ordinances in affect at
the time of approval.
B. Woodburn Zoning Ordinance:
Chapter 21 Planned Unit Development
Section 21.020 Design/Development Criteria:
a. The adequacy and continuity of public facilities is sufficient to
accommodate the proposed development.
FINDING: Boones Crossing PUD was approved with a condition of
approval requiring a deep gravity sanitary sewer to connect the sewer
system in the project to the existing city sewer system. The applicant,
in their application, argues that a deep gravity sanitary sewer
connection would be infeasible for the following reasons:
.1. Gravity sewer will require trenching as deep as twenty-
three (23) feet. The sewer would extend from the site
along Brown Road to Cleveland where the system will
connect with the existing Mill Creek interceptor. This
FINDINGS IN SUPPORT - PUD 00-02
C1-1:1
Page 2
EXHIBIT "C" Attachment 1
Boones Crossing Decision
depth and length is extra -ordinarily expensive and tests
have revealed extremely saturated soils and ground
water intrusion, which would make it even more
expensive.
2. Cave-ins could occur at this depth of trench with the
presence of ground water that has been identified. This
could impact the existing utilities in Brown Road.
3. Safety could be an issue, the gravity sewer at this depth
will be constructed though areas where the soil has
already been disturbed by the existing gravity sanitary
sewer in addition to all the other utilities within Brown
Road. The construction methods to safely build a deep
gravity system may require a wide construction swath
that could interrupt water and existing sewer services
and could result in the reconstruction of a major portion
of Brown Road causing inconvenience to area
residents.
4. If the lift station alternative is selected, force mains from
the station to the existing City lines would be installed at
a depth of approximately four (4) feet which results in
few interruptions, a higher level of safety and is less
damaging to the street.
5. Construction of a lift station will allow development of
property east of Mill Creek to be served. A gravity
system could be connected to the lift station. A deep
sewer in Brown Road as proposed previously, would
not be able to provide sewer service. These properties
would require installation of a lift station or trunk line up
Mill Creek for service."
To address these issues, the applicant proposes that condition of
approval "D-1" be modified to allow the Public Works Director the
discretion to provide for alternatives in the sewer system design.
Specifically, the applicant requests that this condition of approval be
modified as follows (changes are in Bold and underlined):
D. SANITARY SEINER
The Applicant shall, at its cost, either serve the entire
development, all phases, by installing a deep sanitary
sewer main from the Mill Creek interceptor located at
FINDINGS IN SUPPORT - PUD 00-02 Page 3
EXHIBIT "C" Attachment 1
Boones Crossing Decision
the intersection of Brown and Cleveland to the south
and east ends of the development or install a lift
station in the southeast corner of the site of the
size and depth (35+1 feet) to serve future needs and
be acceptable to the City's Public Works
Department with a 4 -inch force main for initial use
and a permanent 8 -inch force main (for future use)
to the Mill Creek interceptor. The entire width of
Brown Street, that has been recently paved, shall be
resurfaced by the Applicant after patching the sewer
trench. Phased sewer line construction shall be
allowed, however, the termini of sewer line locations
and depths shall be such that it is suited for future
extensions to adjoining areas including the south end of
the development.
The preferred location for the sanitary sewer extension
shall be within the southerly extension of Brown Street.
However, if the right-of-way or easements can not be
obtained, the system may be constructed though the
rear lots of the Steklov Addition as proposed by the
Applicant_ This shall be acceptable only if the Applicant
provides the necessary easements to the city, including
access to each manhole for future maintenance.
If the deep sanitary sewer is not installed in the
preferred Brown Street location then the sanitary sewer
shall be extended to Brown Street through either Vine
Street or Park View Blvd. It shall then be extended to
the North and South line of the development at a
sufficient depth to provide for the future extensions.
The Public Works Director has submitted comments (see Attachment
"A") concurring with the applicant's request and with the applicant's
proposed modification to the above condition. The above criterion is
satisfied.
b. The features of the site (such a topography, hazards, vegetation, solar
access, etc.) have been adequately considered and utilized.
FINDING: This criterion was satisfied in conjunction with PUD 97-03 and
does not apply to the proposed modification.
C. The size of the development, site and building design and operating
characteristics of the proposed development are reasonably
FINDINGS IN SUPPORT - PUD 00-02 Page 4
rill
EXHIBIT "C" Attachment 1
Boones Crossing Decision
compatible with surrounding development and land uses and any
negative impacts have been sufficiently minimized.
FINDING: This criterion was satisfied in conjunction with PUD 97-03 and
does not apply to the proposed modification.
d. Parking areas and entrance -exit points are designed so as to facilitate
traffic pedestrian safety and avoid congestion.
FINDING: This criterion was satisfied in conjunction with PUD 97-03 and
does not apply to the proposed modification.
e. The development design promotes energy conservation through the use
of materials, landscaping and building orientation.
FINDING: This criterion was satisfied in conjunction with PUD 97-03 and
does not apply to the proposed modification.
f. The buildings are located so as to provide light and air according to
yard requirements and afford adequate solar access where desired.
FINDING: This criterion was satisfied in conjunction with PUD 97-03 and
does not apply to the proposed modification.
g. The design promotes crime prevention and safety features through
lighting, visibility of building entrances, secure storage areas, etc.
FINDING: This criterion was satisfied in conjunction with PUD 97-03 and
does not apply to the proposed modification.
h. More useable and suitable located recreation facilities and other
common and public facilities are provided than would be under
conventional land development procedures.
FINDING: This criterion was satisfied in conjunction with PUD 97-03 and
does not apply to the proposed modification.
VI. CONCLUSION:
Planned Unit Development 00-02 satisfies all criteria relating to approval of the
proposed modification to Planned Unit Development approval.
FINDINGS IN SUPPORT - PUD 00-02
71
Page 5
EXHIBIT "C" Attachment 1
Boones Crossing Decision
CCITT OF WOODBURN
270 Montgomery Street • Woodburn, Oregon 97071 • (503) 982-5222
TDD (503) 982-7433 • FAX (503) 982-5244
..,
-141= PLANNING COMMISSION OF WOODBURN, OREGON
PLANNED UNIT DEVELOPMENT 00-02 ) FINAL ORDER
WHEREAS, a request was made by Polygon Northwest for the Planning
Commission to hear a proposal for a modification of Planned Unit Development (PUD) 97-
03, known as "Boones Crossing", to modify Condition of Approval "D-1" to allow the
alternative of a sanitary sewer lift station to serve the proposed development in lieu of
requiring only a deep gravity sanitary sewer, and;
WHEREAS, the Planning Commission reviewed the matter at their regularly
scheduled meeting of September 28, 2000, and;
WHEREAS, the Planning Commission considered the written and oral testimony
presented by staff, the applicant, and other interested persons to the proposal, and;
WHEREAS, the Planning Commission closed the hearing, and;
WHEREAS, the Planning Commission moved to recommend that the City Council
approve Planned Unit Development 00-02 and instructed Staff to prepare findings and
conclusions,
NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COMMISSION.
1. The Planning Commission hereby recommends that the City Council approve
Planned Unit Development 00-02, based on findings and conclusions contained in
Exhibit "A", and subject to conditions of approval contained in Exhibit "B", which are
attached hereto and by reference incorporated herein.
r
Approved: i— t9 c ._._�u (2,
Ro ce YoundJC64rson Date
FINAL ORDER - PUD 00-02
rA,
EXHIBIT "C" Attachment 1
Boones Crossing Decision
EXHIBIT "A"
FINDINGS AND CONCLUSIONS
APPLICATION INFORMATION:
Applicant: Polygon Northwest
2700 NE Andresen, Suite D22
Vancouver, WA 98661
Property Owner: Nancy Bocchi
19164 SW Chesapeake Dr.
Tualatin, OR 97067
Faye Zimmer
16175 NW Blueridge Dr.
Beaverton, OR 97006
II. NATURE OF APPLICATION:
The applicant requests a modification of Planned Unit Development (PUD) 97-03,
known as "Boones Crossing", to modify Condition of Approval "D-1" to allow the
alternative of a sanitary sewer lift station to serve the proposed development in lieu
of requiring only a deep gravity sanitary sewer.
Ill. RELEVANT FACTS:
Boones Crossing PUD was approved by the City Council on November 8, 1999.
The Council's decision also included approval of applications for annexation
(Annexation 97-08), zone change (Zone Change 97-12), conditional use
(Conditional Use 97-03), and variance (Variance 97-12). Boones Crossing PUD
consists of a 62 acre mixed used development including a 241 lot single family
residential subdivision, a 94 unit multiple family complex, and two acres of
commercial property.
The City Council in approving the project adopted Ordinance No. 2246 which
specified certain conditions of approval. One of these conditions, condition "D-1",
requires the developer to install a deep gravity sanitary sewer to connect the project
site to the existing city system. The applicant is currently in the process of
developing improvement plans for phase 1 of the single family residential
subdivision. During this process, the applicant determined that installation of the
required deep gravity sanitary sewerwould be extraordinarily expensive for various
reasons. As a result, the applicant met with City staff to discuss alternatives and
decided to submit a request to modify condition "D-1" to allow the Public Works
FINAL ORDER - PUD 00-02
rig]
Page 1
EXHIBIT "C" Attachment 1
Boones Crossing Decision
Director the discretion to allow flexibility as to whether to allow a deep gravity
system or a lift station.
The proposed development is generally located on the east side of Boones Ferry
Road and south of Parr Road and can be identified on Marion County Assessor's
maps as T5S, R1 W, Section 18C, Tax Lots 1100 and 1400, and Section 1913,
portion of Tax Lot 600.
IV. RELEVANT APPROVAL CRITERIA:
Woodburn Comprehensive Plan
2. Woodburn Zoning Ordinance:
Chapter 21 Planned Unit Development
V. FINDINGS:
A. Woodburn Comprehensive Plan
FINDING: Applicable goals and policies of the Comprehensive Plan have
been satisfied through the implementing ordinances of the adopted
subdivision standards, zoning ordinance and other ordinances in affect at
the time of approval.
R. Woodburn Zoning Ordinance:
Chapter 21 Planned unit Development
Section 21.020 Design/Development Criteria:
a. The adequacy and continuity of public facilities is sufficient to
accommodate the proposed development.
FINDING: Boones Crossing PUD was approved with a condition of
approval requiring a deep gravity sanitary sewerto connectthe sewer
system in the project to the existing city sewer system. The applicant,
in their application, argues that a deep gravity sanitary sewer
connection would be infeasible for the following reasons:
111. Gravity sewer will require trenching as deep as twenty-
three (23) feet. The sewer would extend from the site
along Brown Road to Cleveland where the system will
connect with the existing Mill Creek interceptor. This
depth and length is extra -ordinarily expensive and tests
FINAL ORDER - PUD 00-02
WAI
EXHIBIT "C" Attachment 1
Boones Crossing Decision
have revealed extremely saturated soils and ground
water intrusion, which would make it even more
expensive.
2. Cave-ins could occur at this depth of trench with the
presence of groundwater that has been identified. This
could impact the existing utilities in Brown Road.
3. Safety could be an issue, the gravity sewer at this depth
will be constructed though areas where the soil has
already been disturbed by the existing gravity sanitary
sewer in addition to all the other utilities within Brown
Road. The construction methods to safely build a deep
gravity system may require a wide construction swath
that could interrupt water and existing sewer services
and could result in the reconstruction of a major portion
of Brown Road causing inconvenience to area
residents.
4. If the lift station alternative is selected, force mains from
the station to the existing City lines would be installed at
a depth of approximately four (4) feet which results in
few interruptions, a higher level of safety and is less
damaging to the street.
5. Construction of a lift station will allow development of
property east of Mill Creek to be ser✓ed. A gravity
system could be connected to the lift station. A deep
sewer in Brown Road as proposed previously, would
not be able to provide sewer service. These properties
would require installation of a lift station or trunk line up
Mill Creek for service."
To address these issues, the applicant proposes that condition of
approval "D-1" be modified to allow the Public Works Director the
discretion to provide for alternatives in the sewer system design.
Specifically, the applicant requests that this condition of approval be
modified as follows (changes are in Bold and underlined):
D. SANITARY SEWER
3111Mi NIUMUNITiTiE�Y:
The Applicant shall, at its cost, either serve the entire
development, all phases, by installing a deep sanitary
sewer main from the Mill Creek interceptor located at
the intersection of Brown and Cleveland to the south
W1
Page 3
EXHIBIT "C" Attachment 1
Boones Crossing Decision
and east ends of the development or install a lift
station in the southeast corner of the site of the
size and depth (35+/- feet) to serve future needs
and be acceptable to the City's Public Works
Department with a flinch force main for initial use
and a Permanent 8 -inch force main (far future use)
to the Mill Creek interceptor. The entire width of
Brown Street, that has been recently paved, shall be
resurfaced by the Applicant after patching the sewer
trench. Phased sewer line construction shall be
allowed, however, the termini of sewer line locations
and depths shall be such that it is suited for future
extensions to adjoining areas including the south end of
the development.
The preferred location for the sanitary sewer extension
shall be within the southerly extension of Brown Street.
However, if the right-of-way or easements can not be
obtained, the system may be constructed though the
rear lots of the Steklov Addition as proposed by the
Applicant. This shall be acceptable only d the Applicant
provides the necessary easements to the city, including
access to each manhole for future maintenance.
If the deep sanitary sewer is not installed in the
preferred Brown Street location then the sanitary sewer
shall be extended to Brown Street through, either Vine
Street or Park View Blvd. It shall then be extended to
the North and South line of the development at a
sufficient depth to provide for the future extensions.
The Public Works Director has submitted comments (see Attachment
A) concurring with the applicant's request and with the applicant's
proposed modification to the above condition. The above criterion is
satisfied.
b. The features of the site (such a topography, hazards, vegetation, solar
access, etc.) have been adequately considered and utilized.
FINDING: This criterion was satisfied in conjunction with PUD 97-03 and
does not apply to the proposed modification.
C. The size of the development, site and building design and operating
characteristics of the proposed development are reasonably
FINAL ORDER - PUD 00-02 Page 4
W.
EXHIBIT "C" Attachment 1
Boones Crossing Decision
compatible with surrounding development and land uses and any
negative impacts have been sufficiently minimized.
FINDING: This criterion was satisfied in conjunction with PUD 97-03 and
does not apply to the proposed modification.
d. Parking areas and entrance -exit points are designed so as to facilitate
traffic pedestrian safety and avoid congestion.
FINDING: This criterion was satisfied in conjunction with PUD 97-03 and
does not apply to the proposed modification.
e. The development design promotes energy conservation through the
use of materials, landscaping and building orientation.
FINDING: This criterion was satisfied in conjunction with PUD 97-03 and
does not apply to the proposed modification.
The buildings are located so as to provide light and air according to
yard requirements and afford adequate solar access where desired.
FINDING: This criterion was satisfied in conjunction with PUD 97-03 and
does not apply to the proposed modification.
g. The design promotes crime prevention and safety features through
lighting, visibility of building entrances, secure storage areas, etc.
FINDING: This criterion was satisfied in conjunction with PUD 97-03 and
does not apply to the proposed modification.
h. More useable and suitable located recreation facilities and other
common and public facilities are provided than would be under
conventional land development procedures.
FINDING: This criterion was satisfied in conjunction with PUD 97-03 and
does not apply to the proposed modification.
VI. CONCLUSION:
Planned Unit Development 00-02 satisfies all criteria relating to approval of the
proposed modification to Planned Unit Development approval.
FINAL ORDER - PUD 00-02
NFA
Page 5
EXHIBIT "C" Attachment 1
Boones Crossing Decision
EXHIBIT "B"
CONDITIONS OF APPROVAL
All conditions of approval of PUD 97-03 shall apply except as modified herein.
2. Condition of approval "D-1" of PUD 97-03 (Council Ordinance No. 2246) is
amended to read as follows:
D. SANITARY SEWER:
The Applicant shall, at its cost, either serve the entire development,
all phases, by installing a deep sanitary sewer main from the Mill
Creek interceptor located at the intersection of Brown and Cleveland
to the south and east ends of the development or install a lift station
in the southeast corner of the site, of the size and depth (35+/- feet)
to serve future needs and be acceptable to the City's Public Works
Department with a 4 -inch force main for initial use and a permanent
8 -inch force main (for future use) to the Mill Creek interceptor. The
entire width of Brown Street, that has been recently paved, shall be
resurfaced by the Applicant after patching the sewer trench. Phased
sewer line construction shall be allowed, however, the termini of
sewer line locations and depths shall be such that it is suited for
future extensions to adjoining areas including the south end of the
development.
The preferred location for the sanitary sewer extension shall be within
the southerly extension of Brown Street. However, if the right-of-way
or easements can not be obtained, the system may be constructed
though the rear lots of the Steklov Addition as proposed by the
Applicant. This shall be acceptable only if the Applicant provides the
necessary easements to the city, including access to each manhole
for future maintenance.
If the deep sanitary sewer is not installed in the preferred Brown
Street location then the sanitary sewer shall be extended to Brown
Street through either Vine Street or Park View Blvd. It shall then be
extended to the North and South line of the development at a
sufficient depth to provide for the future extensions.
Applicant and property owner shall submit to the Community Development
Department a signed "Acceptance of Conditions" agreeing to all conditions of
approval. The signed document must be received by the Community Development
Department before the application approval shall become effective.
FINAL ORDER - PUD 00-02
NQ
Page 6
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Attachment 2
Community Development Department
270 Montgomery Street, Woodburn, Oregon 97071 • (503) 982-5246
CITY COUNCIL STAFF REPORT
PUBLIC HEARING
Application Type
ORS 94.504-94.528 Statutory Development Agreement
Application Numbers
SDA 2016-01
Project Description
Approval of a Statutory Development Agreement for the Boones
Crossing Planned Unit Development, Phases 3-6. Boones Crossing
Planned Unit Development was originally approved in 1997, with the
first two phases being constructed between 2002-06. This
Development Agreement would: (1) clarify the remaining public
improvements needed to support development of the property
consistent with the PUD; (2) clarify and establish the Owners'
obligations regarding payment for the public improvements; (3) make
related determinations regarding the conditions of the PUD; (4)
resolve ongoing disagreements and potential litigation pertaining to
development of the Property; and (5) allow development to proceed
over the next 10 years, with one five year extension.
Project Location
The property is located between Boones Ferry Road and Brown
Street, south of Dahlia Street and can be identified on Marion
County Tax Assessor's Maps as tax lots: 051W18C 01402;
051 W18C 01403; 051 W18C 01404 and 051 W18C 01405.
Zoning
Residential Single -Family (RS)
Applicants/Representatives
PREMIER DEVELOPMENT, LLC; WOODBURN DEVELOPMENT,
LLC; NANCY BOCCHI; and FAYE ZIMMER
Property Owners
PREMIER DEVELOPMENT, LLC; WOODBURN DEVELOPMENT,
LLC; NANCY BOCCHI; and FAYE ZIMMER
Planner Assigned
Jim Hendryx, Community Development Director
Date of Staff Report
December 5, 2016
I:\Community Development\Planning\2016\Statutory Development Agreement 2016-01 Boones Crossing
Attachment 2
Date of Public Hearing December 12, 2016
I. BACKGROUND AND PROPOSAL
The subject property was originally annexed and the Boones Crossing PUD approved in 1997 with the
adoption of Ordinance 2246. That approval called for 242 single family lots, two multi -family parcels for
up to 94 multi -family dwelling units, a small neighborhood commercial parcel, and a three acre community
park as well as other designated open space areas, to be built in three phases. The approval was
conditioned on the developers providing street improvements, a sewer pump station, a three acre public
park, and other public improvements. In exchange for providing the parks, the developer received
reduced lot sizes and flexibility in the design standards of the development. The approval envisioned
development by a single developer in three phases. The timing of when certain improvements, such as
the community park and sewer pump station, would be built was tied to specific phases of the
development. It was never expected that the project would still be unfinished in 2016, nineteen years
after its original approval.
After initial approval of the development to occur in three phases, staff further divided the development
into six phases. The first two phases were completed by 2007, the other four phases still remain to be
developed, with ownership of each phase now broken up as follows: Premier Development, LLC (Phase
3 owner); Woodburn Development, LLC (Phase 4 and 5 owner); and Nancy Bocchi and Faye Zimmer
(Phase 6 owners). Original conditions for the development that remain to be fulfilled include, the sewer
pump station required with the development of Phases 4 and 5, and the three acre park to be improved
and dedicated with completion of Phase 5. Now complicating these matters is the fact that the park area
was cited for Phase 6, not Phase 5, and allocation of cost sharing for these conditions over six phases
was never included in the original PUD.
In 2015, Woodburn Development (now the owner of Phases 4 and 5) asked staff how to proceed with
development, given the outstanding conditions of approval. Staff determined that there were serious
questions about what exactly had been approved, given the development's break-up into six separate
phases, what developers were now responsible for in fulfilling remaining conditions, and whether the
current status of the PUD was even still valid. Currently, Premier Homes has also submitted a final plat
for Phase 3, which has been pending resolution of the development's status.
Oregon Revised Statutes provide that jurisdictions may enter into a Statutory Development Agreement
for the eventual development of a property. Development Agreements require compliance with local
regulations and can specify when and what public improvements must be made. It was agreed that a
Development Agreement could be used as a mechanism to guide this development towards completion.
The last four phases of Boones Crossing have sat undeveloped for several years. Uncertainty surrounds
the development's progress, given the passage of time since initial approval and outstanding issues for
I:\Community Development\Planning\2016\Statutory Development Agreement 2016-01 Boones Crossing
Attachment 2
the sanitary sewer pump station, public park, etc. The Development Agreement is a tool that can be
used to resolve these types of uncertainties, identify requirements, modify conditions and establish a
schedule for development to occur.
II. APPLICANTS' REQUEST
The applicants are requesting the City Council adopt an Ordinance approving a Statutory Development
Agreement for the Boones Crossing Planned Unit Development, Phases 3-6. If approved and adopted,
the Development Agreement would: (1) clarify the remaining public improvements needed to support
development of the Property consistent with the PUD; (2) clarify and establish Owners' obligations
regarding payment for the public improvements; (3) make related determinations regarding the
conditions of the PUD; (4) resolve ongoing disagreements and potential litigation pertaining to
development of the Property; and (5) allow development to proceed over the next 10 years, with one 5
year extension.
III. STAFF RECOMMENDED ACTION
Adopt an Ordinance approving the Statutory Development Agreement.
IV. APPLICABLE CRITERIA
A. Prior Approvals.
Ordinance 2246 An Ordinance Annexing into the City of Woodburn Approximately 63
Acres ... known as Boones Crossing ... Granting Conditional Use Approval of a Planned
Unit Development.
Ordinance 2275 modifying conditions of approval found in Ordinance 2246 to allow
construction of a sewer lift station to serve portions of the development.
B. Woodburn Development Ordinance (WDO).
1.1 ORGANIZATION AND STRUCTURE
1.01 Structure
1.02Definitions
2.1 LAND USE ZONING
I:\Community Development\Planning\2016\Statutory Development Agreement 2016-01 Boones Crossing
Attachment 2
2.01 General Provisions
2.02Single Family Residential (RS)
3.1 DEVELOPMENT GUIDELINES AND STANDARDS
3.01 Street Standards
3.02Utilities and Easements
3.03Setback, Open Space and Lot Standards
3.04Access
3.05Off Street Parking and Loading
3.06Landscaping Standards
3.08Partitions and Subdivisions
4.1 ADMINISTRATION AND PROCEDURES
4.01 Decision Making Procedures
4.02Review, Interpretation and Enforcement
C. Additional Substantive Criteria.
• The goals and policies of the Woodburn Comprehensive Plan
• The right-of-way standards of the Woodburn Transportation System Plan
D. Oregon Revised Statutes.
ORS 94.504 - 94.528 (Statutory Development Agreement)
V. BACKGROUND AND EXISTING CONDITIONS
A. The subject property was originally annexed and the Boones Crossing Planned Unit
Development (PUD) was approved in 1997 with the adoption of Ordinance 2246. That
approval called for 242 single family lots, two multi -family parcels for up to 94 multi-
family dwelling units, a small neighborhood commercial parcel, a three acre community park
and other designated open space areas to be built in three phases.
B. Development was conditioned to provide street improvements, a sewer pump station and
other public improvements. In exchange for providing the parks, the developer received
reduced lot sizes and flexibility in the design standards of the development. The approval
envisioned development by a single developer in three phases.
hCommunity Development\Planning\2016\Statutory Development Agreement 2016-01 Boones Crossing
Attachment 2
C. The timing of when certain improvements, such as the community park and sewer pump
station, would be built was tied to specific phases of the development. However, those
phases have not yet developed and the improvements have not been constructed.
D. In 2000, City Council modified conditions to allow the construction of a sewer lift station vs.
installing a deep trenched sewer line. In the interim, the development was split into six
phases. The first two phases were completed by 2007.
E. The remaining phases are owned by different developers. The sewer pump station was
required with development of Phases 4 and 5 while the three acre park was to be dedicated
and improved prior to completion of Phase 5.
F. The last four phases of Boones Crossing have been undeveloped for several years.
Uncertainty surrounds the development's progress, given the passage of time since initial
approval and the present outstanding issues. A Statutory Development Agreement is a tool
that can be used to resolve these types of uncertainties, identify requirements, modify
conditions and establish a schedule for development to occur.
VI. ANALYSIS AND FINDINGS OF FACT
A. Woodburn Development Ordinance ("WDO")
1.1 ORGANIZATION AND STRUCTURE
1.01 Structure
1.02 Definitions
2.1 LAND USE ZONING
2.01 General Provisions
2.02 Single Family Residential (RS)
3.1 DEVELOPMENT GUIDELINES AND STANDARDS
3.01 Street Standards
3.02 Utilities and Easements
3.03 Setback, Open Space and Lot Standards
3.04 Access
3.05 Off Street Parking and Loading
3.06 Landscaping Standards
hCommunity Development\Planning\2016\Statutory Development Agreement 2016-01 Boones Crossing
Attachment 2
3.08 Partitions and Subdivisions
4.1 ADMINISTRATION AND PROCEDURES
4.01 Decision Making Procedures
4.02 Review, Interpretation and Enforcement
Finding: Boones Crossing Planned Unit Development was originally approved under the
Woodburn Zoning Ordinance (WZO). The WZO was replaced with the WDO in 2002 and since that
time, the WDO has undergone significant revisions. Development is subject to Ordinance 2246 in the
original WZO, as well as today's development standards.
Findings: ORS 94.508 requires the City find that the Development Agreement is consistent with
local regulations in place for the City and that the governing body of the City approve the Development
Agreement by adoption of an ordinance, which is a land use decision under ORS Chapter 197. The
Development Agreement is consistent with the applicable sections of the Woodburn Development
Ordinance ("WDO").
Findings: Under the WDO, a Statutory Development Agreement is considered a quasi-judicial
procedure. The applicants are requesting modifications of various specific conditions required with the
original approval of the Boones Crossing Planned Unit Development and will agree to a timeline for
development. Hence, the City Council is the City's decision -maker and will approve the Development
Agreement by approving an Ordinance.
Conclusion: The Agreement is in compliance with applicable sections of the Woodburn
Development Ordinance and ORS 94.508.
B. Oregon Revised Statutes (Development Agreements)
ORS 94.504(1): A city or county may enter into a development agreement as provided in ORS
94.504 — 94.528 with any person having a legal or equitable interest in real property for the
development of that property.
Findings: The Development Agreement is between the City of Woodburn and Premier
Development, LLC (phase 3 owner), Woodburn Development, LLC (phase 4 & 5 owner), and
Nancy Bocchi and Faye Zimmer (phase 6 owners), who have a legal interest in the subject
property
Conclusion: The Agreement is in compliance with ORS 94.504(1).
I:\Community Development\Planning\2016\Statutory Development Agreement 2016-01 Boones Crossing
Attachment 2
ORS 94.504(2):
Findings: Outlined below are the elements, per ORS 94.504(2), that a development
agreement shall specify, followed by the terms, in brief, found in the Development Agreement,
Exhibit X.
a. The duration of the agreement:
Ten years, with one five year extension, for maximum of 15 years
b. The permitted uses of the property:
The Boones Crossing Planned Unit Development was approved with Ordinance 2246. That
approval identified Single Family, Multi -Family and Commercial uses on the property. The use of
the property remains consistent with the original approval, as identified in Ordinance 2246.
C. The density or intensity of use:
Ordinance 2246 sets out the density and types of uses approved with the Boones Crossing
Planned Unit Development, including 242 single family residential lots, 94 multi -family units and
a small commercial site. The Development Agreement remains consistent with Ordinance 2246
and does not alter density or intensity of use of the properties. Except, that the number and
configuration of approved lots in Phases 4, 5, and 6 shall be as approved by the City in
subsequent final plats. Additionally, the Development Agreement authorizes the owner of Phase
6 to apply for a zone change and other approvals to convert the multi -family and commercial area
to single-family residential provided all code standards are met. There is no City commitment to
approve.
d. Maximum height and size of proposed structures:
Development is regulated by the Woodburn Development Ordinance (WDO) and as approved
with Ordinance 2246. The Development Agreement remains consistent with the original approval
and future development will be conditioned to meet the standards of the WDO.
e. Provisions of reservation or dedication of land for public purposes include:
Future development will be subject to dedicating public rights-of-way for public streets and
providing easements for required utilities. Additionally, the development is conditioned to
I:\Community Development\Planning\2016\Statutory Development Agreement 2016-01 Boones Crossing
Attachment 2
dedicate a three acre parcel for a future park. The Development Agreement provides for
dedication of lands and needed infrastructure.
f. A schedule of fees and charges:
Future development will be required to pay all necessary fees and charges. The Development
Agreement specifically stipulates that the developers are to pay SDC amounts in effect at time
of building permit issuance.
g. A schedule of procedure for compliance review:
The Development Agreement establishes timelines for development. All development must
occur within 10 years unless the city grants up to a five year extension.
h. Responsibility for providing infrastructure and services:
The Development Agreement establishes responsibility for providing infrastructure and services.
Each phase will be responsible for installing streets and utilities necessary to accommodate
development. The agreement also identifies the responsibility for the City to participate in the
cost of the sanitary sewer pump station and maintenance of donated lands.
The effect on the agreement when changes in regional policy or federal or state law or rules
render compliance with the agreement impossible, unlawful or inconsistent with such laws,
rules of policy:
This Development Agreement establishes procedures, should laws or standards change in the
future.
Remedies available to the parties upon a breach of the agreement:
The Development Agreement establishes procedures and timelines to address and/or resolve
any defaults that occur with the agreement.
k. The extent to which the agreement is assignable:
I:\Community Development\Planning\2016\Statutory Development Agreement 2016-01 Boones Crossing
Attachment 2
Should any of the property owners wish to sell their property in the future prior to completion of
development, written approval by the City is required prior to the sale of the property.
The effect on the applicability or implementation of the agreement when a city annexes
annexes all or part of the property subject to a development agreement:
Not applicable, since the property is already annexed.
The Development Agreement also specifies the following:
• Confirms the location of the sewer pump station in phases 4-5 and requires the owners of
Phase 6 to contribute to the cost since that property will be served by the pump station. The
pump station will be oversized to serve properties outside the PUD. The cost is to be borne
by the developers except for a maximum $80,000 contribution from the city (going toward
the oversizing) and normal SDC credits.
• Establishes a location and requires dedication of the 3 -acre park from the owners of Phase
6 no later than one year from approval of the Agreement. The Agreement does, however,
eliminate a condition of approval requiring the developers to pay for or construct
improvements on or for the park; the City agrees to maintain the 3 -acre park.
• The owners of Phases 3, 4 and 5 will get an SDC credit for prepaid park SDCs, to be issued
against the current SDC amount in effect on the date building permits are issued for each
lot. Phase 6 will get a refund of its prepaid SDCs instead of a credit when the park is
dedicated.
• Maintains the requirement that each phase form a homeowners association.
• Modifies various conditions of approval regarding pedestrian paths and other relatively minor
issues. Clarifies how and when various street improvements must be made, such as to
Brown Street and the "south arterial."
• The Phases 4 & 5 and the Phase 6 owners shall construct and dedicate storm water facilities
to serve the development.
Conclusion: The Agreement is in compliance with ORS 94.504(2).
ORS 94.504(3): A development agreement shall set forth all future discretionary approvals
required for the development specified in the agreement and shall specify the conditions, terms,
restrictions and requirements for those discretionary approvals.
Findings: The Development Agreement states that the approvals granted by Ordinance
2246, as modified by Ordinance 2275, including the Boones Crossing Annexation Case No. 97-08;
Zone Change No. 97-12; Conditional Use No. 97-03; Planned Unit Development No. 97-03; and
I:\Community Development\Planning\2016\Statutory Development Agreement 2016-01 Boones Crossing
Attachment 2
Variance No. 97-12, shall be honored by the City except where modified by the Development
Agreement.
Conclusion: The Agreement is in compliance with ORS 94.504(3).
ORS 94.504(4): A development agreement shall also provide that construction shall be
commenced within a specified period of time and that the entire project or any phase of the project
be completed by a specified time.
Findings: Construction of the development shall commence and be completed within ten
(10) years after the effective date of the Development Agreement, unless the parties agree to a
five-year extension. The City shall allow the final plat for Phase 3 to be recorded upon execution of
the Development Agreement, provided all applicable standards are met. Woodburn Development
shall obtain land division approvals and record the final plat for Phases 4 and 5 property within
sixty (60) months after the execution of the Development Agreement.
Conclusion: The Agreement is in compliance with ORS 94.504(4).
ORS 94.504(5): A development agreement shall contain a provision that makes all city or county
obligations to expend moneys under the development agreement contingent upon future
appropriations as part of the local budget process. The development agreement shall further
provide that nothing in the agreement requires a city or county to appropriate any such moneys.
Findings: The Development Agreement includes a provision stating that all City
obligations pursuant to the Development Agreement require that the expenditure of funds be
contingent upon future appropriations by the City as part of its local budget process. Additionally,
the Development Agreement includes that nothing in the agreement implies or requires the City to
appropriate any such monies.
Conclusion: The Agreement is in compliance with ORS 94.504(5).
ORS 94.504(6): A development agreement must state the assumptions underlying the agreement
that relate to the ability of the city or county to serve the development. The development
agreement must also specify the procedures to be followed when there is a change in
circumstances that affects compliance with the agreement.
Findings: The public service goals for the Boones Crossing PUD granted by Ordinance
2246 shall be honored by the City except where modified by the Development Agreement. In the
case of any change in regional policy or federal or state law or other change in circumstance which
renders compliance with the Development Agreement impossible or unlawful, the Agreement
stipulates that the parties will attempt to give effect to the remainder of the Agreement, but only if
such effect does not prejudice the substantial rights of any party. If the substantial rights of any
party are prejudiced by giving effect to the remainder of the Agreement, then the Agreement
requires the parties to negotiate in good faith to revise the Agreement to give effect to its original
intent. Furthermore, if it is determined that the Agreement fails its essential purpose, then the
parties are to be placed in their original position to the extent practical.
hCommunity Development\Planning\2016\Statutory Development Agreement 2016-01 Boones Crossing
Attachment 2
Conclusion: The Agreement is in compliance with ORS 94.504(6).
C. Additional Substantive Criteria.
The goals and policies of the Woodburn Comprehensive Plan
The right-of-way standards of the Woodburn Transportation System Plan
Findings: Ordinance 2246, as modified by Ordinance 2275, provides findings for compliance
with Woodburn's comprehensive plan goals and policies, as well as Woodburn's transportation system
plan goals and plan policies. Provisions of the Development Agreement remain consistent with, and do
not alter these findings.
Conclusion: The Development Agreement meets the intent and purposes of Woodburn's
comprehensive plan goals and policies, as well as Woodburn's transportation system plan goals and
plan policies
D. Procedures on Consideration and Approval.
Public Notice:
Findings: While not required by ordinance or statute, a neighborhood meeting was held before
Council's consideration of the Development Agreement. Mailed notice was also provided 20 days in
advance of the public hearing and notice went to property owners within 250 feet of the subject
properties. The site also was posted with seven onsite public notices.
Conclusion: Public notice was provided in accordance with statute and the Woodburn
Development Ordinance.
Public Hearing:
Findings: Pursuant to ORS 94.513, the City Council will conduct a public hearing on December
12, 2017, to receive testimony on the City entering into the Development Agreement.
Conclusion: At the conclusion of the public hearing, at the discretion of the City Council, the
City may enter into the Development Agreement.
I:\Community Development\Planning\2016\Statutory Development Agreement 2016-01 Boones Crossing
Attachment 2
VII. Overall Summary
Boones Crossing Planned Unit Development was originally approved in 1997. Two of six phases have
been developed to date. However, the rest of the PUD has remained undeveloped for the past nine
years. Property owners are interested in moving forward and have requested that the City enter into a
Statutory Development Agreement. The Development Agreement is a tool crafted through state statute
to resolve uncertainties, clarify development requirements, modify conditions and establish a schedule
for development to occur. It is doubtful that the project would move forward without such an agreement.
After months of review and negotiations, a finalized agreement is ready for Council's consideration.
VIII. STAFF RECOMMENDATION
Staff Recommends approval of Statutory Development Agreement (SDA 2016-01) for the remainder of
the Boones Crossing Development.
ATTACHMENTS AND EXHIBITS
hCommunity Development\Planning\2016\Statutory Development Agreement 2016-01 Boones Crossing
Attachment 2
Boones Crossing Planned Unit Development
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Attachment 2
Zoning Map and Location
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