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December 12, 2016 Agenda KF,M CW ATHRYN IGLEYAYOR ITY OF OODBURN MV,CW1 ELINDA ELIZOUNCILOR ARD LE,CWII ISA LLSWORTHOUNCILOR ARD CCA RC,CWIII ITYOUNCILGENDA OBERT ARNEYOUNCILOR ARD S S,CWIV HARON CHAUBOUNCILOR ARD FL,CWV RANK ONERGANOUNCILOR ARD D12,2016–7:00.. ECEMBERPM E M,CWVI RIC ORRISOUNCILOR ARD CHCC–270MS ITY ALL OUNCIL HAMBERS ONTGOMERY TREET 1.CALL TO ORDER AND FLAG SALUTE 2.ROLL CALL 3.OUTGOING CITY COUNCILOR PRESENTATION 4.OATH OF OFFICE AND ELECTION Oath of Office for Mayor and Councilors for Wards I, II, and VI. A. Election of Council President. B. 5.WOODBURN BULLDOGS SOCCER TEAM RECOGNITION 6.15 MINUTE RECESS 7.ANNOUNCEMENTS AND APPOINTMENTS Announcements: A.The City Council meeting scheduled for December 26is cancelled. The next City Council meeting will take place on January 9, 2017at 7:00 p.m. B. Holiday Closures: Christmas: City Hall will close at noon on December 23and will reopen for regular business hours on December 27. The Aquatic Center will be closed on December24 and 25.The Library will beclosedon December 24 and 25. New Year: City Hall will be closed January 2 and the Library will be closed on January1. The Aquatic Center will be open. Appointments: A.Woodburn Recreation and Parks Board 1 Position II -Hunter Conlon (reappointment) Position VII -David Piper (reappointment) This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980- 6318at least 24 hours prior to this meeting. **Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo. Comuníquese al (503) 980-2485.** December 12, 2016Council Agenda Page i B.WoodburnBudget Committee Position I –Don Judson (reappointment) Position V - Patty Soza (reappointment) C.Woodburn Planning Commission Position I -Ronald Aiken (reappointment) Position IV -Elvin Ramirez (reappointment) 8.COMMUNITY/GOVERNMENT ORGANIZATIONS None. 9.PROCLAMATIONS/PRESENTATIONS Proclamations: A.Recognition of Colene M. Domenech, Resident Agent in Charge, United States Department of Justice Bureau of Alcohol, Tobacco and Firearms. Presentations: None. 10.COMMUNICATIONS . None – This allows the public to introduce items for Council 11.BUSINESS FROM THE PUBLIC consideration not already scheduled on the agenda. –Items listed on the consent agenda are considered routine 12.CONSENT AGENDA and may be adopted by one motion. Any item may be removed for discussion at the request of a Council member. A.Woodburn City Council Meeting minutes of November 14, 20162 Recommended Action: Approve the minutes. B.Woodburn City Council Executive Session Meeting minutesof5 September 26, 2016 Recommended Action:Approve the minutes. C.Woodburn City Council Executive Session Meeting minutes of6 November 14, 2016 Recommended Action:Approve the minutes. D.Certified Election Results –November8, 2016General7 Election Recommended Action:Accept the November 8, 2016 Abstract of Election Results from Marion County Elections. December 12, 2016Council Agenda Page ii E.Building Activity for October 2016 12 Recommended Action:Receive the Report. F.Building Activity for November 201613 Recommended Action:Receive the Report. 13.TABLED BUSINESS None. 14.PUBLIC HEARINGS A.Temporary Signs and Targeted Industries Analysis (LA 2016-03)14 B.Boones Crossing Statutory Development Agreement (SDA 2016-01)32 –Members of the public wishing to comment on items of general 15.GENERAL BUSINESS business must complete and submit a speaker’s card to the City Recorder prior to commencing this portion of the Council’s agenda. Comment time may be limited by Mayoral prerogative. A.Council Bill No. 3025–An Ordinance Approving aStatutory35 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 Recommended Action:Consider adoption of ordinance. B.Acceptance of a Public Utility Easementat 1390 Meridian Drive, 134 Woodburn, OR 97071(Tax Lot 051W07AC04200) Recommended Action:That Council accepts a 16 foot Public Utility Easement for City water facilities granted by Woodburn School District, property owner of 1390 Meridian Drive, Woodburn, OR 97071 (Tax Lot 051W07AC04200). C.Acceptance of a Public Utility Easement for the New Success 139 High School at 1785 N. Front Street, Woodburn, OR 97071 (Tax Lot 051W07A00600) Recommended Action:That Council accepts a 16 foot Public Utility Easement for City water facilities granted by Woodburn School District, property owner of 1785 N. Front Street, Woodburn, OR 97071 (Tax Lot 051W07A00600). – These are 16.PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS Planning Commission or Administrative Land Use actions that may be called up by the City Council. None. 17.CITY ADMINISTRATOR’S REPORT December 12, 2016Council Agenda Page iii 18.MAYOR AND COUNCIL REPORTS 19.ADJOURNMENT December 12, 2016Council Agenda Page iv Agenda Item December 7, 2016 TO: City Council FROM: Kathy Figley, Mayor SUBJECT: Committee Reappointments The following reappointments are made, subject to the approval of the Council. Please forward any adverse comments to me prior to the Council meeting on Monday, December 12, 2016. No reply is required if you approve of my decision. Woodburn Recreation and Parks Board Position II - Hunter Conlon Position VII - David Piper Woodburn Budget Committee Position I - Don Judson Position V - Patty Soza Woodburn Planning Commission Position I - Ronald Aiken Position IV - Elvin Ramirez 1 COUNCILMEETINGMINUTES NOVEMBER14,2016 DATECOUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTYOF MARION, STATE OF OREGON,NOVEMBER 14, 2016 CONVENED The meeting convened at 7:16 p.m. with Mayor Figley presiding. ROLLCALL MayorFigleyPresent Councilor CarneyPresent Councilor Lonergan Present Councilor SchaubPresent Councilor MorrisPresent Councilor EllsworthPresent Councilor Alonso LeonPresent StaffPresent: CityAdministrator Derickson, City Attorney Shields, Assistant City Administrator Row,Economic and Development Services Director Hendryx, Economic Development Director Johnk,PoliceChiefFerraris,Interim Public Works Director Liljequist,Finance Director Montoya, Deputy Police ChiefBoyd,Community Relations Manager Gutierrez-Gomez,Communications Coordinator Horton,City RecorderPierson ANNOUNCEMENTS 0:00 A.City Hall will be closed November 24 and 25 for the Thanksgiving Holiday. The Library and Aquatic Center are closed on Thanksgiving Day. B.The City Council meeting scheduled for November 28 is cancelled. The next City Council meeting will take place on December 12, 2016 at 7:00 p.m. PRESENTATIONS 0:02 Auditor’s Report - Chuck Swank, Grove, Mueller & Swank, P.C., informed the Council that the 2015-2016 audit is complete and the City received an unmodified opinion. CONSENTAGENDA 0:07 Woodburn City Council minutes of October 10, 2016, A. Woodburn Recreation and Park Board minutes of September 13, 2016, B. Change of Ownership, Full On-Premise Sales for Elmer’s Breakfast-Lunch-Dinner, C. Building Activity for September 2016, D. Crime Statistics through September 2016. E. Lonergan/Ellsworth ... adopt the Consent Agenda. The motion passed unanimously. COUNCIL BILL NO. 3023 –AN ORDINANCE MAKING CERTAIN TEXTUAL 0:08 AMENDMENTS TO THE WOODBURN DEVELOPMENT ORDINANCE CORRECTING SCRIVENER ERRORS AND MAKING OTHER AMENDMENTS Lonergan Introduced Council Bill No. 3023. Recorder Pierson read the billtwiceby title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 3023 duly passed. 2 COUNCILMEETINGMINUTES NOVEMBER 14,2016 COUNCIL BILL NO. 3024 –AN ORDINANCE AMENDING ORDINANCE 2460, 0:09 THE SOLID WASTE MANAGEMENT FRANCHISE, TO EXTEND SAID ORDINANCE UNTIL DECEMBER 10, 2017 AND DECLARING AN EMERGENCY Lonergan Introduced Council Bill No. 3024. Recorder Pierson read the bill twice by titleonly since there were no objections from the Council. Councilor Lonergan stated that he wouldabstain from any discussion and from voting.On roll call vote for final passage, thebill passed 5-0 with Councilor not voting. Lonergan Mayor Figley declared Council Bill No. 3024 dulypassed. AWARD PERSONAL SERVICE CONTRACT TO MURRAY SMITH AND 0:11 ASSOCIATESLonergan/Morris City Administrator Derickson provided a staff report. … the City Council, acting in its capacity as the Local Contract Review Board, authorize the City Administrator to enter into a Personal Service Contract with Murray Smith and Associates for the Water Master Plan update. The motion passed unanimously. UTILITY ASSISTANCE PROGRAM –CHANGE IN PROGRAM ADMINISTRATORS Councilor Carney recused himself stating that he is a member of this organization. City Administrator Derickson provided a staff report. Lonergan/Morris …Authorize the City Administrator, via a motion, to execute an agreement with the Society of St. Vincent de Paul (St. Vincent de Paul) to administer a utility assistance program. The motion passed 5-0 with Councilor Carney not voting. CITY ADMINISTRATOR’SREPORT City Administrator Derickson asked Chief Ferraris to introduce the City’s new Deputy Chief Keith Boyd. Deputy Chief Boyd provided information on himself to the City Council. City Administrator Derickson stated that he and Chief Ferraris attended a training in Salem at DPSST on policing and community action plans and that he and Chief Ferraris will be making a presentation to Council on what was learned and how we can bring these practices to Woodburn. MAYOR AND COUNCILREPORT 1:32 Councilor Alonso Leon thankedthe City Council for their support and stated thatshe enjoyed working with them. Councilor Carney congratulated Councilor Alonso Leon and Mayor Figley. Councilor Lonergan concurred with councilor Carney on the congratulations and thanked Assistant City Administrator Row and staff for the new signs that have gone up around the City. Mayor Figleythanked the voters andstatedthat she will serve all members of the community to the best of her ability.She added that she attended the Boys 5A State Soccer Finals and congratulated them on their win. Mayor Figley announced that the Christmas th tree lighting will be taking place in the Downtown Plaza on Sunday, December 4at 5:00 p.m. and added that there will be a holiday bazaar from 10:00 a.m. - 9:00 p.m. Councilor Ellsworth congratulated Councilor Morrison being re-elected and congratulated her opponent in the City Council race on being appointed to the school board. She stated that this is a wonderful community and she has enjoyed working with 3 COUNCILMEETINGMINUTES NOVEMBER14,2016 Councilor Alonso Leon. Councilor Schaubcongratulated those that have been elected and wished everyone a Happy Thanksgiving. Councilor Morriscongratulated those that won their election and stated that he is proud of the community in Woodburn and to be a part of an effective governing body. EXECUTIVE SESSION Mayor Figley entertained a motion to adjourn into executive session under the authority of Lonergan/Alonso Leon ORS 192.660 (2)(h)and ORS 192.660 (2)(f).… move into executive session. The Council adjourned to executive session at 7:42 p.m. and reconvened at 8:40 p.m. Mayor Figley stated that no action was taken by the Council while in executive session. ADJOURNMENT Morris/Ellsworth …meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:40 p.m. APPROVED KATHRYN FIGLEY,MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon 4 EXECUTIVE SESSION COUNCIL MEETING MINUTES SEPTEMBER 26,2016 DATECONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON,SEPTEMBER 26, 2016 CONVENED The Council met in executive session at 9:07 p.m. with Mayor Figley presiding. ROLL CALL MayorFigleyPresent Councilor Schaub Present Councilor Lonergan Present Councilor Carney Present Councilor Morris Present Councilor Alonso Leon Present Councilor Ellsworth Present Mayor Figley reminded Councilors and staff that information discussed in executive session is not to be discussed with the public. Media Present: None. Staff Present: City Administrator Derickson,City Attorney Shields, City Recorder Pierson The executive session was called: To review and evaluate, pursuant to standards, criteria and policy directives adopted by the governing body, the employment-related performance of the chief executive officer of any publicbody, a public officer, employee or staff member unless the person whose performance is being reviewed and evaluated requests an open hearing pursuant to ORS 192.660 (2)(i). ADJOURNMENT The executive session adjourned at 10:01 p.m. APPROVED_______________________________ KATHRYN FIGLEY, MAYOR ATTEST_______________________________ Heather Pierson,CityRecorder City of Woodburn, Oregon Page 1 – Executive Session, Council Meeting Minutes, September 26, 2016 5 EXECUTIVE SESSION COUNCIL MEETING MINUTES NOVEMBER 14,2016 DATECONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON,NOVEMBER 14, 2016 CONVENED TheCouncil met in executive session at 7:43 p.m. with Mayor Figley presiding. ROLL CALL MayorFigleyPresent Councilor Schaub Present Councilor Lonergan Present Councilor Carney Present Councilor Morris Present Councilor Alonso Leon Present Councilor Ellsworth Present Mayor Figley reminded Councilors and staff that information discussed in executive session is not to be discussed with the public. Media Present: Julia Comnes, Woodburn Independent Others Present: Dan Olson, Attorney Wendy Veliz, City Councilor elect Ward I Staff Present: City Administrator Derickson,Assistant City Administrator Row, City Attorney Shields, Economic and Development Services Director Hendryx, Interim Public Works Director Liljequist, Communications Coordinator Horton, City Recorder Pierson The executive session was called: To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660 (2)(h). To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (2)(f). ADJOURNMENT The executive session adjourned at 8:39 p.m. APPROVED_______________________________ KATHRYN FIGLEY, MAYOR ATTEST_______________________________ Heather Pierson,CityRecorder City of Woodburn, Oregon Page 1 – Executive Session, Council Meeting Minutes, November 14, 2016 6 7 8 9 10 11 12 13 Agenda Item December 12, 2016 TO:Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Community Development Director SUBJECT: Legislative Amendment - LA 2016-03 Temporary Signs and Target Industry Analysis : RECOMMENDATION It is recommended that the City Council hold a public hearing on Legislative Amendment LA 2016-03 amending the Woodburn Development Ordinance to implement the TargetIndustryAnalysis and to clarify temporary sign standards in the Commercial and Industrial zones. It is further recommended that an ordinance be prepared implementingCouncil’s direction. BACKGROUND: Beginning in 2009, the Woodburn Development Ordinance (WDO) was entirely rewritten. Initially, sign standards were revised (2010). Then, in 2011, administrative provisions were updated and in 2013, the remaining sections of the ordinance, primarily dealing with land use standards, were updated. The WDO states that the Director shall keep a list of potential modifications to the ordinance and report those to the City Council, whomay initiate such modifications if they so choose. Council gave direction to address these WDO issues this past February. The Planning Commission held a public hearing on Ordinance 2016-03 and addressed standards for temporary signs in commercial and industrial zones and implementing the Targeted Industry Analysison November 10, 2016 and recommended that the City Council approve the proposed amendments. DISCUSSION: Since adoption, staff has identified inconsistencies with temporary sign standards in Commercial and Industrial zones, which are now being addressed with these amendments. Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance ___x__ 14 Honorable Mayor and City Council December 12, 2016 Page 2 A Target Industry Analysis (TIA)was completed this past summerwhich provided a comprehensive factual basis for describing Woodburn’s economy. The report, which was partially funded by the Land Conservation and Development Department (LCDC), Marion County and Mid-Willamette Valley Council of Governments (COG), provided the City with a current independent analysis of Woodburn’s economy. This was used to identify the City’s economic opportunities and the possible best use of the Southwest Industrial Reserve (SWIR), as well as other industrial areas. Specific amendments are included which implement the TIA. The Commission conducted a public hearing on November 10, 2016 recommending that Council approve those portions of LA 2016-03 dealing with temporary signage and the implementation of the Target Industry Analysis. FINANCIAL IMPACT: Legislative Amendment LA2016-03addresses standards found in the Woodburn Development Ordinance. No financial impact is anticipated. 15 Community Development Department Planning Division -5246 CITY COUNCIL STAFFREPORT PUBLIC HEARING Application TypeType VLegislative Amendment Application NumberLegislative AmendmentLA2016-03(Temporary Signs andTarget Industry Analysis) Project DescriptionRevise two sectionsof the Woodburn Development Ordinance: 1.Temporary Signs in Commercialand Industrial Zones, Table 3.10.09C; 2.Uses Allowed in Industrial Zones,Table 2.04A, specifically implementing the recommendations found in the 2016 Target Industry Analysis Project LocationCitywide within Commercial and Industrial zones ZoningCommercial and Industrial Planner AssignedJim Hendryx, Community DevelopmentDirector 120-Day DeadlineNot applicable to legislative decisions Date of Staff ReportDecember 12, 2016 Date of Public HearingDecember 12, 2016 BACKGROUND Beginning in 2010,the Woodburn Development Ordinance (WDO) was completely revisedto make iteasier to understandand administer. With any significant redraft of a complicated ordinance such Legislative Amendment LA 2016-03 Page 1 of 5 16 as theWDO, mistakes and omissions inevitably occur. Since adoption,staff has identified inconsistencies withtemporary sign standards in Commercial and Industrial zones, which are now being addressed with these amendments. ATarget Industry Analysis(TIA) was completed this past summer,whichprovided a comprehensive factual basis for describingWoodburn’s economy. Thereport, which was partially funded by the Land Conservation and Development Department(LCDC), Marion County andMid-Willamette Valley Council of Governments(COG), provided the City with a current independent analysis of Woodburn’s economy. This was used to identify the City’s economic opportunities and the possible best use of the SouthwestIndustrial Reserve (SWIR) as well as other industrial areas. Specific amendments are included which implement the TIA.The Commission conducted a public hearing th on November 10 recommending that Council approve those portions of LA 2016-03 dealing with temporary signage and implementation of the Target Industry Analysis. At its October workshop meeting,the Planning Commission also discussed modifications to the WDO to allowaccessory dwelling units(ADU’s)and requested more information before forwarding any recommendation to the City Council. That discussion was continued until November 10, 2016, at which time the Commission concluded that more information was needed about the actual potential for ADU’s in Woodburn. The Commission also wanted community input before proceeding with any recommendations. As a result,amendments associated with ADU’s arenot part of this amendment package and will occur separately,if at all. ANALYSIS AND FINDINGS OF FACT WDO 4.01 Decision Making Procedures Findings: Under Section 4.01.02.E of the Woodburn Development Ordinance, decisions involving legislative actions where the City Council amends the City’s land use regulations are Type V decisions. The Planning Commission holds an initial public hearing on the proposal and makes a recommendation to the City Council. The City Council then holds a finalpublic hearing and makes the City’s final decision. The City Council’s action is the City’s final decision and is appealable to the Land Use Board of Appeals (LUBA) within 21 days after it becomes final. Conclusion: This legislative amendment is correctly processed as a Type V decision. Findings: Under Section 4.01.03,the City Councilmay initiate any type of land use action by amotion designating the appropriate City department tocomplete and file the application. The Planning th Commission conducted aworkshop on October 20 and a public hearing on November 10, 2016to consider the proposed amendments. Conclusion: The City Council directed the Planning Commission to consider the amendments leading up to this hearing. Legislative Amendment LA 2016-03 Page 2 of 5 17 Findings: Under Section 4.01.10, the Planning Commission must hold at least one public hearing before recommending action on a legislative proposal. Any interested person may appear and provide written or oral testimony on the proposal,at,or before,the hearing. The Director notifiesthe Oregon Department of Land Conservation and Development (DLCD) at least 35 days before the first hearing. Once the Planning Commission hearing has been scheduled and notices have been sent out, the Director prepares and makes available a report on the proposal at least seven days before the hearing. At the conclusion of the hearing, the Planning Commission adopts a recommendation on the proposal, which is sent toCity Council. If the Commission recommends an adoption of some form of the proposal, the Commission must prepare and forwarda report and recommendation to that effectto the City Council. Upon receivinga recommendation from the Planning Commission on a legislative action, the City Council holds at least one public hearing on the proposal. Any interested person may provide written or oral testimony on the proposal at,or prior to,the hearing. At the conclusion of the hearing, the City Council may adopt, modify or reject the legislative proposal, or it may remand the matter to the Planning Commission for further consideration. If the decision is to adopt at least some form of the proposal, and thereby enact or amend the City’s land use regulations, the City Council’sdecision is enacted as an ordinance. Not later than five working days following the City Council’s final decision, the Director mails notice of the decision to the DLCD,in accordance with ORS Chapter 197. : The Planning Commission is scheduled to conduct a public hearing before making Conclusions recommendations to the City Council. Notice has been provided to the Oregon Department of Land Conservation and Development(DLCD).Background information,including the staff report,has been made available for public inspection. The City Council willconduct a public hearing to receive the Commission’s recommendations and public input. All provisions of this section of the WDO and Statestatute have been met. Findings: Public notice was provided for all public hearings in accordance with Section 4.01.14 of the WDO. Individual property owner noticewas not required under Ballot Measure 56. Notice of the public hearing was published in the Woodburn Independent newspaper. All notifications contained information regarding the time, date, and location of the public hearings, the file number, and staff contact information for questions or submission of testimony. All notification documents provided information regarding the public hearing procedures and how to review or obtain copies of the documents to be considered. Conclusion: Notification requirements consistent with the provisions of the Woodburn Development Ordinance and statutory requirements were met. Woodburn Comprehensive Plan Findings: The Comprehensive Plan (Volume 1 Goals and Policy Amendments) states: Legislative Amendment LA 2016-03 Page 3 of 5 18 “The keystone of plan implementation is the Woodburn Development Ordinance (WDO). This WDO ensures that the location and design of various land uses and in some cases, the timing of those land uses, is in compliance with the Comprehensive Plan. The WDO ensures that incompatible uses do not occur, while allowing flexibility consistentwith the purpose of the plan.” Signage is an important tool for advertising businesses. Temporary signage is used to promoted special events, sales, etc. The proposed amendments totemporary sign standards clarifies those standards within the commercial and industrial zones. The recently completed TIA identified employment clusters with the greatest potential to locate and grow in Woodburn. The proposed amendments implement the recommendations of the TIA. Conclusions: The proposed amendments clarify standards for temporary signage in commercial and industrial zones. Additionally,the amendments implementing the TIA further Woodburn’s economic potential by recognizing appropriate industrial activities within the SWIR and other industrial zones. The proposed amendments are consistent with the Comprehensive Plan. Findings: The Comprehensive Plan (Volume 1 Goals and Policy Amendments) states: “The planning process is continuous. There is no plan that can foresee all of the problems the future will bring. In most cases for decision, the Planning Commission and Council will be petitioned by private citizens to change the Comprehensive Plan designation of a particular parcel of property. This is a quasi-judicial activity and should follow the procedures set out for quasi-judicial rulings. The Planning Commission should ensure that any change it makes in the Comprehensive Plan is consistent with other goals and policies established in this Plan. These changes, in general, should be justified by a solid body of evidence presented by the petitioner showing the following: 1.Compliance with the goals and policies of the Comprehensive Plan; 2.Compliance with the various elements of the Comprehensive Plan; 3.Compliance with Statewide goals and guidelines; 4.That there is a public need for the change; 5.That this land best suits that public need;” Proposed amendments clarify temporary signage standards and allow greater flexibility in development and use standards within the SWIR and other industrial zones. : The ComprehensivePlan recognizes that plans and implementing ordinances like the Conclusions WDO continue to evolve and change overtime. The amendments are consistent with the intent of the Comprehensive Plan and statewide goals and guidelines. Legislative Amendment LA 2016-03 Page 4 of 5 19 Findings: The Stateadopted 19 goalsfor state and local land use decisions. The statewide planning goals applicable to this case are Goals 1 (Citizen Involvement), 2 (Land Use Planning), and 7 (Areas Subject to NaturalHazards). Goal 1 requires that the City develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. Agency and public notice have been provided. Workshops have been held and public hearings are being conducted. Goal 2 requires that the City establisha land use planning process and policy framework as a basis for all decision and actions related to the use of land and to assure an adequate factual base for such decisions and actions. The Woodburn Development Ordinance contains procedures and requirements for facts and findings. The proposed amendments require additional findings for residential density transfer bonuses. Conclusion:The proposed amendments are consistent with applicable statewide planning goals. CONCLUSIONAND RECOMMENDATION The proposed amendmentis consistent with the Woodburn Comprehensive Plan and the Woodburn Development Ordinance. It is recommended that the City Council approve LA 2016-03 dealing with temporary signage and implementing the recommendations of the Target Industry Analysis and direct that an ordinance be prepared,implementing the amendments. LIST OF ATTACHMENTS A.WDO Temporary Signs in Commercial and Industrial Zones Table 3.10.09C B.WDO Uses Allowed in Industrial Zones Table 2.04A Legislative Amendment LA 2016-03 Page 5 of 5 20 Attachment A Temporary Signs in Commercial and Industrial Zones (Deleted texts is crossed out while new text is italicized, underlined and highlighted) Temporary Signs in Commercial and Industrial Zones Table 3.10.09C Maximum total Maximum Maximum Use Type sign area 15-day periods Number height (feet) (square feet) All except Unlimited 200 Lawn: 7 4 A-frame Single-tenant nonresidential 1 in the DDC site zone 1 A-frame 8 3 Unlimited 2 in all other zones All except 2 Unlimited 100 Lawn: 7 4 Individual A-frame tenant in a 1 in the DDC nonresidential zone 1 A-frame 8 3 Unlimited complex 2 in all other zones All except Unlimited 200 Lawn: 7 4 A-frame Nonresidential Not allowed complex with less than 20 1 in the DDC A-frame 8 3 Unlimited 1 tenant spaces zone 2 in all other zones All except Unlimited 400 Lawn: 7 6 Nonresidential A-frame complex with 20 or more tenant Not allowed A-frame 8 3 Unlimited 1 spaces 2 in all zones 21 Temporary Signs in Commercial and Industrial Zones Table 3.10.09C Maximum total Maximum Maximum 15-day periods Use Type sign area Number height (feet) (square feet) Decorations 45 days before and lights the holiday or relating to event, until 15 UnlimitedUnlimitedUnlimited federal, days after the state, or City holiday or Any use recognized event events, seasons, or Exempt from application and permit requirements holidays 1.A-frame signs in the DDC zone shall conform to the following standards. a. The sign may be located on private property or in the public right-of-way. b. The sign shall not exceed three feet in width, three feet in height, and nine square feet in area. c. The sign shall be at least one foot from the curb so as to not interfere with on-street parking, d. A minimum access width of four feet shall be maintained along all sidewalks and building entrances accessible to the public. Signs should be placed either next to the building or at the curbside by a street tree, bench, or other public amenity so as to not block on-street parking. e. The sign permit shall be revocable in case of noncompliance. f. The sign shall not be placed in a vision clearance area (Section 3.03.06) or in adjacent rights- of-way. g. The sign shall be utilized only during business hours and shall be removed during non-business hours. h. The sign shall not be illuminated. i. The sign owner shall assume all liability for incidents involving the sign by signing a document exempting the City from liability. 2.Temporary signs for an individual tenant in a complex, except A-frame signs, shall be limited to banners and flags on the exterior walls and windows of the individual tenant space. 32Flags and window signs are listed with permanent signs, Tables 3.10.10B-E. 22 Attachment B – Target Industry Analysis Industrial Land Use Standards Woodburn Development Ordinance (Deleted texts is crossed outwhile new text is italicized, underlined and highlighted) 2.04 Industrial and Public Zones A.The City of Woodburn is divided into the following industrial and public zones: 1.The Light Industrial (IL) zone, which is intended for industrial activities that include land-intensive activities; 2.The Industrial Park (IP) zone, which is intended for light industrial activities in a park- like setting; 3.The Public and Semi-Public (P/SP) zone, which is intended for public uses, parks, schools and cemeteries. 4.The Southwest Industrial Reserve (SWIR), which is intended for high technology and research development activitiesemployment and industries identified in the 2016 Target Industry Analysis; B.Approval Types (Table 2.04A) 1.Accessory Uses (A) are allowed outright, subject to the general standards of this Ordinance. 2.Conditional Uses (CU) may be allowed, subject to the general development standards of this Ordinance and conditions of Conditional Use approval. 3.Permitted Uses (P) are allowed outright, subject to the general development standards of this Ordinance. 4.Special Permitted Uses (S) are allowed outright,subject to the general development standards and the special development standards of Section 2.07. 5.Specific Conditional Uses (SCU) may be allowed, subject to the general development standards of this Ordinance, the specific standards of Section 2.08, and conditions of Conditional Use approval. 1 23 Uses Allowed in Industrial Zones Table 2.04A UseZone Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P)ILIPP/SPSWIR Special Permitted Uses (S) Specific Conditional Uses (SCU) ACivic Uses 1 Golf driving range PPCU 2Parks, play grounds and associated activities,golf courses P without a driving range 3Publicadministration, aquatic facilities, fire protection, P P CUP government and public utility buildings and storage yards 4Rights-of-way,easements and improvements for streets, water, sanitary sewer, gas, oil, electricand communication P P P P lines, stormwater facilities and pump stations. 5 Trade schoolsPPCUPCU BCommercialRetail and Services 1 Ambulance servicePP 2Automotive maintenance andgasoline stations,including P P repair services 3Business servicesPP 4Contractors: a.Flooring and roofing b.Equipment and machinery P P P c.Glass and glazing d.Masonry, drywall, insulation and tile contractors e.Other types of contractors 5 Delivery servicesSSSS 6 Fitness andrecreational sportsPPP 7 Hospitals and ancillary uses PCUP 8 Restaurants and drinking places PPP CIndustrial 1 Auction houses,except livestock and poultry salesCU 2 Automotive wrecking yardsCU 3Charter buses, special needs transportation, transit system, P P school transportation, limousine service and taxi service CU 4Chemical manufacturingCUCU 2 24 Uses Allowed in Industrial Zones Table 2.04A UseZone Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P)ILIPP/SPSWIR Special Permitted Uses (S) Specific Conditional Uses (SCU) Distribution and E-commerce including; wholesale trade, 5farm supplies and merchant wholesalers, packaging and P P P labeling services CU 56Recycling centerCUCU 67Asphalt or Portland cement concrete batch plantCUCU 78Commercial and industrial equipment repair, transit and P CUCU ground transportation 89Electronic and other electrical equipment and components, including manufacturing machinery, apparatus, and supplies for the generation, storage, transmission, transformation, and utilization of electrical energy; electricity distribution equipment; electrical industrial apparatus; household P P P appliances; electrical lighting and wiring equipment; radio and television receiving equipment; communications equipment; electronic components and accessories; and other electrical equipment and supplies 9Fabricated metal products, including fabricating ferrous and 10non-ferrous metal products such as metal cans, tin ware, hand tools, cutlery, general hardware, non-electric heating CUCUP apparatus, fabricated structural metal products, metal forgings, metal stampings, and metal and wire products 10Industrial and commercial machinery and computer 11equipment, including engines and turbines; farm and garden machinery; construction, mining, and oil field machinery; elevators and conveying equipment; hoists, cranes, monorails, trucks and tractors; metalworking machinery; special industry P P P machinery; general industrial machinery; computer and peripheral equipment, computer, semiconductor, laboratory instrument, andoffice machinerymanufacturing;and refrigeration and service industry machinery manufacturing 3 25 Uses Allowed in Industrial Zones Table 2.04A UseZone Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P)ILIPP/SPSWIR Special Permitted Uses (S) Specific Conditional Uses (SCU) 11Heavy equipment and motor vehicle sales: 12a.Manufactured home dealers b.Motor vehicle and parts dealers, including new cars, used cars, recreational vehicles, motorcycles, boats, parts and tire dealers S S c.Truck dealers, including new trucks, used trucks, parts and tire dealers d.Tractor and farm machinery and equipment dealers e.Farm, garden and landscaping supplies 12Manufacturing: 13a.Apparel manufacturing b.Beverage, food and tobacco c.Furniture and related products d.Leather and allied products P P P e.Paper, limited to assembly f.Metal product manufacturing g.Miscellaneous manufacturing h.Plastics and rubber i.Textile products 13Motor freight transportation and warehousing, including local 14or long-distance trucking or transfer services, storage of farm CU P P products, furniture and other household goods, and P commercial goods and mini-storage 14Non-depository credit institutions engaged in extending credit P 15in the form of loans, but not engaged in deposit banking 15 Paper manufacturingCU 16 16 Parking lots and garages P P 17 17Petroleum and coal products manufacturing with all storage CU 18underground 18 Printing, publishing, and allied industries P P P 19 19 Professional services including software publishers P P 20 4 26 Uses Allowed in Industrial Zones Table 2.04A UseZone Accessory Uses (A) Conditional Uses (CU) Permitted Uses (P)ILIPP/SPSWIR Special Permitted Uses (S) Specific Conditional Uses (SCU) 20Stone, clay, glass, and concrete products including 21manufacturing flat glass, other glass products, cement, structural clay products, pottery, concrete and gypsum P P products, cut stone, abrasive and asbestos products, and other products from materials taken principally from the earth in the form of stone, clay, and sand 21 Telecommunication facilities subject to Section 2.08.03 SCUSCUSCU 22 22 Wholesale trade in durable and non-durable goodsP P P 23 23 CU Wood product manufacturing P P P 24 DMiscellaneous 1 Facilities during construction S S S S 2 Fence or free-standing wall AAAA 3Temporary outdoor marketing and special event: a.Arts and crafts b.Food and beverages, including mobile food services c.Seasonal sales of fireworks, Christmas trees, produce or plant materials S S S S d.Amusement rides and games e.Entertainment f. Any other merchandise or service which is neither accessory to a primary, permanent use of the property, nor marketed by employees of that permanent use EResidential 1 One dwelling unit in conjunction with an industrial use PPPP C.Development Standards (Tables 2.04B-E) 5 27 Light Industrial (IL) -Site Development Standards Table 2.04B Lot Area, Minimum (square feet)No minimum Lot Width, Minimum (feet)No minimum Lot Depth, Minimum (feet)No minimum Street Frontage, Minimum (feet)No minimum Front Setback and Setback Abutting a Street, Minimum (feet)10 1 Side or Rear Abutting P/SP zone or a residential zone or use30 Setback, Minimum 2 Abutting a commercial or industrial zone0 or 5 (feet) Setback to a private access easement, Minimum (feet)5 Lot Coverage, MaximumNot specified 3 Primary or accessory structure70 Building Height, Maximum (feet) Features not used for habitation100 1.Measured from the Special Setback (Section 3.03.02), if any. 2.A building may be constructed at the property line, or shall be set back at least fivefeet. 3.Lot coverageis limited by setbacks, off-street parking, and landscaping requirements. Industrial Park (IP) -Site Development Standards Table 2.04C Lot Area, Minimum (square feet)No minimum Lot Width, Minimum (feet)No minimum Lot Depth, Minimum (feet)No minimum Street Frontage, Minimum (feet)No minimum Front Setback and Setback Abutting a Street, Minimum (feet)10 1 Side or Rear Abutting P/SP zone or a residential zone or use30 Setback, 2 Abutting a commercial or industrial zone0 or 5 Minimum (feet) Setback to a Private Access Easement, Minimum (feet)5 Lot Coverage, MaximumNot specified 3 Primary or accessory structure45 Building Height, Maximum (feet) Features not used for habitation70 1.Measured from the Special Setback (Section 3.03.02), if any. 2.A building may be constructed at the property line, or shall be set back at least fivefeet. 3.Lot coverageis limited by setbacks, off-street parking, and landscaping requirements. 6 28 Public/Semi-Public (P/SP) -Site Development Standards Table 2.04D Lot Area, MinimumNo minimum Lot Width, MinimumNo minimum Lot Depth, MinimumNo minimum Street Frontage, MinimumNo minimum 1 Front Setback and Setback Abutting a Street, Minimum (feet)20 Side or Rear Abutting P/SP zone or a residential zone or use 20 Setback, 2 Abutting a commercial or industrial zone 0 or 5 Minimum (feet) Setback to a Private Access Easement, Minimum (feet)5 3 Lot Coverage, MaximumNot specified Outside Gateway subarea35 Primary or accessory Building Height, structure Gateway subarea50 Maximum (feet) Features not used for habitationNo minimum 1.Measured from the Special Setback (Section 3.03.02), if any. 2.A building may be constructed at the property line, or shall be set back at least fivefeet. 3.Lot coverage is limited by setbacks, off-street parking, and landscaping requirements. Southwest Industrial Reserve (SWIR) -Site Development Standards Table 2.04E Lot Area, Minimum (square feet)See Table 2.04F Lot Width, Minimum (feet)No minimum Lot Depth, Minimum (feet)No minimum Street Frontage, Minimum (feet)No minimum Front Setback and Setback Abutting a Street, Minimum (feet)10 1 Abutting P/SP zone or a residential zone or use30 Side or Rear Setback, Minimum (feet) 2 Abutting a commercial or industrial zone0 or 5 Setback to a Private Access Easement, Minimum (feet)5 Lot Coverage, MaximumNot specified 3 Primary or accessory structure45 Building Height, Maximum (feet) Features not used for habitation70 1.Measured from the Special Setback (Section 3.03.02), if any. 2.A building may be constructed at the property line, or shall be set back at least fivefeet. 3.Lot coverage is limited by setbacks, off-street parking, and landscaping requirements. 7 29 Southwest Industrial Reserve (SWIR) -Lot Standards Table 2.04F Development Assessor’sTax Gross BuildableRequired Lot Sizes Conceptual Lot SubareaLot NumberAcresAcres(Acres)Sizes (Acres) 25-5035 10-25 15 10-25 15 1 A052W1100300 108885-10 8 5-10 8 2-5 4 2-53 052W1400200910-2515 2 B22 5-10 7 052W140060013 C052W14007008No standard 052W14008005150-10065 25-50 33 052W140090043 1, 4 D106 2-5 4 052W140100010 052W140110022 2 E052W1401200442-54 052W130110024 2, 3 F052W140150059969696 052W140160025 25-5035 1 G052W2300100 50465-10 8 2-53 1.Land division is permitted with master plan approval. 2.Land division is not permitted. 3.Shall be developed with a use with at least 300 employees. 4.50-100 acre lot shall be developed with a usewith at least 200 employees. 8 30 Figure 2.04A – SWIR Development Subareas 9 31 Agenda Item December 12, 2016 TO:Honorable Mayor and City Council through City Administrator FROM: Jim Hendryx, Community Development Director SUBJECT: Statutory Development Agreement – Boones Crossing Development (SDA 2016-01) : RECOMMENDATION Conduct apublic hearing ona Statutory Development Agreement for Boones Crossing Planned Unit Development(PUD), Phases 3–6. A proposed ordinance for approval of the agreement will be presented for consideration undertheGeneral Businessportion of the agenda. An emergency clause is contained in this ordinance so that the contemplated development can immediately proceed and this matter can be resolved. BACKGROUND: 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. It was conditioned on 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 the initial approval of the development 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. Each of the remaining phases was sold to different developers. The sewer pump station was to be required with the developmentof Phases 4 and 5, while the three acre park was to be improved Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance __x___ 32 Honorable Mayor and City Council December 12, 2016 Page 2 and dedicated prior tocompletion of Phase 5. The park area was sited in Phase 6, which was to include multi-family and commercial developments. 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 and whether the current status of the PUD was still valid. Secondly, Premier Homes 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 (SDA) to assist in thedevelopment of a property. SDA’s require compliance with local regulations and can specify when and what public improvements must be made. It was agreed that a SDA 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 the sanitary sewer pump station, publicpark, etc. The SDA 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. While not required by ordinance nor statute, the applicants conducted a neighborhood meeting on November 29at the Woodburn Library. th Approximately a dozen people attended the meeting in addition to the parties to the SDA. After providing background on the PUD and justification for the SDA questions centered upon the timings of individual phases and traffic concerns. Additionally there was discussion on homeowners association for the original phases and maintenance of common areas. DISCUSSION: State statute establishes criteria for aStatutory Development Agreement(SDA), which is an agreement between property owners and a jurisdiction for the eventual development of property. The Boones Crossing Planned Unit Development has sat uncompleted for several years. Outstanding issues include completion of public improvements, dedication of park lands and construction of a sanitary pump station. The Boones Crossing SDA clarifies: (1)the remaining public improvements needed to support development of the property consistent 33 Honorable Mayor and City Council December 12, 2016 Page 3 with the PUD; (2) clarifies and establishes Owners’ obligations regarding payment for the public improvements; (3) makes related determinations regarding the conditions of the PUD; (4) resolves ongoing disagreements and potential litigation pertaining to development of the Property,and (5) allows developmentto proceed over the next tenyears, with one five year extension. FINANCIAL IMPACT: With approval of the Statutory Development Agreement, the City will be responsible for a portion of the costs of the sanitary pump station, as well as minimal maintenance of the threeacre parkuntil Phase 5 has been completed. At that time, the City will assume full responsibility for park maintenance. 34 COUNCIL BILL 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 The City originally approved the Boones Crossing Planned Unit WHEREAS, Development (PUD) in 1997; and Phases 1 and 2of theBoones Crossing PUD has been developed WHEREAS, but Phases 3, 4, 5, and 6 have not yet developed and, without a Statutory Development Agreement, any further development issubject to uncertainty; and , a Statutory Development Agreement is necessary because the WHEREAS 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 ,the Statutory Development Agreement is a land use mechanism WHEREAS 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 more specifically, ORS 94.504authorizes the City to enter into a WHEREAS, Statutory Development Agreement with any person having a legal or equitable interest in real property for the eventual development of thatproperty; and , PremierDevelopment, LLC (Phase 3 ), Woodburn Development, WHEREAS LLC (Phases 4 and5), 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 pursuant to ORS 94.513(2), the Woodburn City Council WHEREAS, conducted apublic hearing on December 12, 2016, to consider theStatutory Development Agreement; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: The City Council finds that, pursuant to the applicable statutes, Section 1. the City has properly noticed and conducted the required evidentiary public Page 1 –Council Bill No. 3025 Ordinance No. 2543 35 hearing for the adoption of a Statutory Development Agreement on December 12, 2016. The CityCouncilapproves and enters into the Statutory Section 2. 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 and5 ), and Nancy Bocchi and Faye Zimmer (Phase 6) as specifically set forth in Attachment 1 of this Ordinance. The City Council finds that the Statutory Development Section 3. Agreement is consistent with all City land use regulations. The City Council adopts the findings contained in the City Section 4. 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. The City Administrator is authorized and directed to execute the Section 5. Statutory Development Agreement on behalf ofthe City. Approved as to form: City AttorneyDate Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson,City Recorder City of Woodburn, Oregon Page 1 –Council Bill No. 3025 Ordinance No. 2543 36 Attachment 1 After recording return to: 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”). 1 37 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. E. 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 2 38 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 thisAgreement 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. 2.1Permitted Use. The permitted uses shall be those provided for in the Boones Crossing Decision. 2.2Density. 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. 2.3Maximum 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. 3 39 Attachment 1 2.4Future 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. 2.5Final Plat for Phase3. 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. 2.6Final 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. 2.7Development Schedule. Construction of the development shall commence and be completed within ten (10) years after the effective date of this Agreementunless 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. 3.1Reimbursements. 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. 3.2Construction 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, 4 40 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. 3.2.1Pro 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. 3.3Sanitary 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 developmentand the adjacent properties within the Urban Growth Boundary. The exact location shall be subject to approval by the City Engineer. 3.3.1Payment 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. 3.3.2Sewer 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. 3.4South 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 5 41 Attachment 1 South Arterial located on the Phase 6 Property before recording the final plat or obtaining design review approval for Phase 6. 3.5Parks. 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. 3.5.2City 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 6 42 Attachment 1 parks or making park improvements and in exchange for appropriateSDC 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. 3.6Stormwater.Woodburn Development and the Phase 6 Owners shall, at their individual expense, construct and dedicate stormwater facilitiesto 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. 4.3Pump 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. 7 43 Attachment 1 4.4Payment of SDC Fees. 4.4.1 Theowners 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 PremierDevelopment 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. 4.5Additional Amendments to Conditions of Approval. 4.5.1Modification 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 8 44 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 Modificationof 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. 5.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. 9 45 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. 10.1Default/Cure. The following shall constitute defaults on the part of a Party: 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 10 46 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. 10.2Remedies. 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. 13.1Notice. 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 13.1.1 In the case of a notice or communication to City, addressed as follows: City of Woodburn ATTN: City Manager 270 Montgomery Street Woodburn, Oregon 97071 11 47 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 13.1.4 In the case of a notice or communication to Bocchi, addressed as follows: Nancy Bocchi ___________________ ___________________ With copy to: Gregory S. Hathaway Hathaway Koback Connors LLP 520 SW Yamhill Street, Suite 235 Portland, OR 97204 12 48 Attachment 1 13.1.5 In the caseof a notice or communication to Zimmer, addressed as follows: 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. 13.2Headings. 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. 13.3Counterparts. 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. 13.4Waivers. No waiver made by anyParty 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. 13.5Time of the Essence. Time is of the essence under this Agreement. 13.6Choice of Law. This Agreement shall be interpreted under the laws of the State of Oregon. 13.7Calculation 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. 13.8Construction. 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 49 Attachment 1 13.9Severability. 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. 13.10Place 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. 13.11Good 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.” 13.12Condition 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. 13.13Cooperation 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. 13.14Enforced 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. 13.15Other 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 50 Attachment 1 13.16Entire Agreement.This Agreement constitutes the entire agreement between the Parties as to the subject matter covered by this Agreement. 13.17Interpretation 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. 13.18Capacity 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. 13.19Recording; 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. 13.20Non-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. 13.21Form of Agreement; Exhibits. This Agreement consists of 20 pages and four (4) exhibits. 15 51 Attachment 1 Executed this ________ day of ______, 2016. CITY OF WOODBURN, OREGON, a municipal corporation of the State of Oregon By: _______________________________ Print Name: _____________________ Title: ___________________________ STATE of OREGON ) COUNTY of MARION ) On this ____day of __________, 2016, ______________________ personally appeared before me and stated that (s)he is the ___________________ 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: _________________________________ Notary Public for Oregon Print Name: _______________________ My Commission Expires: ____________________. SEAL: 16 52 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: _________________________________ Notary Public for Oregon Print Name: _______________________ My Commission Expires: ____________________. SEAL: 17 53 Attachment 1 WOODBURN 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 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: 18 54 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: _________________________________ Notary Public for Oregon Print Name: _______________________ My Commission Expires: ____________________. SEAL: 19 55 Attachment 1 FAYE ZIMMER ______________________________ STATE of OREGON) COUNTY of ___________________) On this ____day of __________, 2016, this instrument was acknowledged before me by Faye Zimmer. Before me: _________________________________ Notary Public for Oregon Print Name: _______________________ My Commission Expires: ____________________. SEAL: 20 56 EXHIBIT “A” Attachment 1 Legal Description 21 57 EXHIBIT “A” Attachment 1 Legal Description 22 58 EXHIBIT “A” Attachment 1 Legal Description 23 59 Attachment 1 24 60 EXHIBIT “C” Attachment 1 Boones Crossing Decision 25 61 EXHIBIT “C” Attachment 1 Boones Crossing Decision 26 62 EXHIBIT “C” Attachment 1 Boones Crossing Decision 27 63 EXHIBIT “C” Attachment 1 Boones Crossing Decision 28 64 EXHIBIT “C” Attachment 1 Boones Crossing Decision 29 65 EXHIBIT “C” Attachment 1 Boones Crossing Decision 30 66 EXHIBIT “C” Attachment 1 Boones Crossing Decision 31 67 EXHIBIT “C” Attachment 1 Boones Crossing Decision 32 68 EXHIBIT “C” Attachment 1 Boones Crossing Decision 33 69 EXHIBIT “C” Attachment 1 Boones Crossing Decision 34 70 EXHIBIT “C” Attachment 1 Boones Crossing Decision 35 71 EXHIBIT “C” Attachment 1 Boones Crossing Decision 36 72 EXHIBIT “C” Attachment 1 Boones Crossing Decision 37 73 EXHIBIT “C” Attachment 1 Boones Crossing Decision 38 74 EXHIBIT “C” Attachment 1 Boones Crossing Decision 39 75 EXHIBIT “C” Attachment 1 Boones Crossing Decision 40 76 EXHIBIT “C” Attachment 1 Boones Crossing Decision 41 77 EXHIBIT “C” Attachment 1 Boones Crossing Decision 42 78 EXHIBIT “C” Attachment 1 Boones Crossing Decision 43 79 EXHIBIT “C” Attachment 1 Boones Crossing Decision 44 80 EXHIBIT “C” Attachment 1 Boones Crossing Decision 45 81 EXHIBIT “C” Attachment 1 Boones Crossing Decision 46 82 EXHIBIT “C” Attachment 1 Boones Crossing Decision 47 83 EXHIBIT “C” Attachment 1 Boones Crossing Decision 48 84 Attachment 1 49 85 EXHIBIT “C” Attachment 1 Boones Crossing Decision 50 86 EXHIBIT “C” Attachment 1 Boones Crossing Decision 51 87 EXHIBIT “C” Attachment 1 Boones Crossing Decision 52 88 EXHIBIT “C” Attachment 1 Boones Crossing Decision 53 89 EXHIBIT “C” Attachment 1 Boones Crossing Decision 54 90 EXHIBIT “C” Attachment 1 Boones Crossing Decision 55 91 EXHIBIT “C” Attachment 1 Boones Crossing Decision 56 92 EXHIBIT “C” Attachment 1 Boones Crossing Decision 57 93 EXHIBIT “C” Attachment 1 Boones Crossing Decision 58 94 EXHIBIT “C” Attachment 1 Boones Crossing Decision 59 95 EXHIBIT “C” Attachment 1 Boones Crossing Decision 60 96 EXHIBIT “C” Attachment 1 Boones Crossing Decision 61 97 EXHIBIT “C” Attachment 1 Boones Crossing Decision 62 98 EXHIBIT “C” Attachment 1 Boones Crossing Decision 63 99 EXHIBIT “C” Attachment 1 Boones Crossing Decision 64 100 EXHIBIT “C” Attachment 1 Boones Crossing Decision 65 101 EXHIBIT “C” Attachment 1 Boones Crossing Decision 66 102 EXHIBIT “C” Attachment 1 Boones Crossing Decision 67 103 EXHIBIT “C” Attachment 1 Boones Crossing Decision 68 104 EXHIBIT “C” Attachment 1 Boones Crossing Decision 69 105 EXHIBIT “C” Attachment 1 Boones Crossing Decision 70 106 EXHIBIT “C” Attachment 1 Boones Crossing Decision 71 107 EXHIBIT “C” Attachment 1 Boones Crossing Decision 72 108 EXHIBIT “C” Attachment 1 Boones Crossing Decision 73 109 EXHIBIT “C” Attachment 1 Boones Crossing Decision 74 110 EXHIBIT “C” Attachment 1 Boones Crossing Decision 75 111 EXHIBIT “C” Attachment 1 Boones Crossing Decision 76 112 EXHIBIT “C” Attachment 1 Boones Crossing Decision 77 113 EXHIBIT “C” Attachment 1 Boones Crossing Decision 78 114 Attachment 1 Boone Crossing Pump Station Reimbursement/SDC Credit Methodology Example Assumption, Wastewater Pump Station being funded and constructed by owner of Phase 4 & 5, "Building Phase Owner" Boones Crossing Phases 4,5 & 6Number of LotsNotes Phase 4 & 5. "Building Phase Owner"111 Phase 6, "Benefiting Phase Owner"31 to 89Owners have Agreed to a $100,000 Payment from Phase 6 towards pump station Boones Crossing Pump Station Cost Pump Station/Forces Main/Engineering/Permits/Const. Services$741,923.00Based on estimates prepared by HBH Engineering dated 11/07/2014 Land Cost$0.00 Other Cost$0.00 Total Cost$741,923.00 Pump Station Cost to Serve Phases 4,5 & 6$370,645.00 Based on estimates prepared by HBH Engineering dated 11/07/2014 Pump Station Total Cost$741,923.00 Minus the Pump station Cost to Serve Phases 4,5 & 6$370,645.00 Pump Station Additional Capacity Cost$371,278.00 Pump Station Cost Distributed to Phase 4 & 5$270,645.00 Pump Station Cost distributed to Phase 6$100,000.00 Onwers Agreed Reimbursement Amount Phase 6 Reimbursement to "Building Phase Owner" Phase 6 Pump Station Reimbursement Cost Per lot (@89 Lots)($100,000/89 lots) Phase 6 per lot Reimbursement Cost$1,123.60 Regardless of number of lots, $100,000 Reimbursement Required Addition Capacity Cost/ SDC Credit Distribution Additional Capacity Cost $371,278.00 Capacity Cost Funded by Phase 4 & 5 $371,278.00 Phase 6$0.00 Current Wastewater SDC Charge $2977/Lot (Max Credit Per Lot)($2,977* 111 Lots) Maximum SDC Wastewater Per Lot Credit of $2,977/lot SDC Credit per Lot Total Phase 4 & 5$330,447.00 Remaining Capacity cost Charge to City ($80,000 max) Capacity Cost Funded by Phase 4 & 5 $371,278.00 SDC Credit per Lot Total Phase 4 & 5$330,447.00 Remaining Capacity cost Charge to City ($80,000 max)$40,831.00 Capacity Cost to the City ($80,000 Max)$40,831.00 Lump Sum to be paid to Owner of Phase 4 & 5 79 115 Attachment 2 Community Development Department (503) 982-5246 CITY COUNCIL STAFF REPORT PUBLIC HEARING Application Type ORS 94.504–94.528 Statutory Development Agreement Application NumbersSDA 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.ThisDevelopmentAgreementwould: (1) clarify the remaining public improvements neededto support development of the property consistent with the PUD;(2) clarifyand 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 LocationThe 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; 051W18C 01403; 051W18C 01404and 051W18C 01405. ZoningResidential Single-Family (RS) Applicants/Representatives PREMIER DEVELOPMENT, LLC; WOODBURN DEVELOPMENT, LLC; NANCY BOCCHI; and FAYE ZIMMER I:\\Community Development\\Planning\\2016\\Statutory Development Agreement 2016-01 Boones Crossing 116 Attachment 2 Property Owners PREMIER DEVELOPMENT, LLC; WOODBURN DEVELOPMENT, LLC; NANCY BOCCHI; and FAYE ZIMMER Planner AssignedJim Hendryx, Community DevelopmentDirector Date of Staff Report December 5, 2016 Date of Public Hearing December 12,2016 I.BACKGROUND ANDPROPOSAL The subject property was originally annexed and theBoones Crossing PUD approved in 1997 with the adoption of Ordinance 2246.Thatapproval called for 242 single family lots, two multi- family parcels for upto 94 multi-family dwelling units, asmall neighborhood commercialparcel, and a three acre community parkas well asother designated open space areas, to be built in three phases.The approval was conditioned onthe developers providingstreet improvements, a sewer pump station, a threeacre 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 ofwhen certain improvements, such as the community park and sewer pump station, would be builtwas tied to specific phases of the development. It was never expected that the project would still be unfinished in 2016, nineteen years afterits original approval. After initial approval of the development to occur in three phases,staff further divided the development intosixphases. The first two phases were completed by 2007, the other four phasesstillremain 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 threeacre park to be improved and dedicatedwith completionof Phase 5. Now complicating these matters is the fact that the park area wascited 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 I:\\Community Development\\Planning\\2016\\Statutory Development Agreement 2016-01 Boones Crossing 117 Attachment 2 conditions,and whether the current status of the PUDwas even still valid. Currently, Premier Homes has also submitted a final plat for Phase 3, which hasbeen pendingresolution ofthe development’s status. Oregon Revised Statutes providethat jurisdictions may enter into a Statutory Development Agreement for the eventual development of aproperty. Development Agreementsrequire compliance with local regulationsand can specify when and what public improvements must be made. It was agreed that a Development Agreementcould be used as a mechanism to guide this development towards completion. The last fourphases of Boones Crossing havesat undeveloped for several years. Uncertainty surrounds the development’s progress, given the passage of time since initial approvaland outstanding issuesfor the sanitary sewer pump station, public park, etc. The Development Agreementis a tool that can be used to resolve these types ofuncertainties, identify requirements, modify conditions and establish a schedule for development to occur. II. APPLICANTS' REQUEST The applicants are requesting the City Council adopt anOrdinance approving a Statutory Development Agreement for the Boones Crossing PlannedUnit 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. STAFF RECOMMENDED ACTION III. Adopt an Ordinance approving theStatutory Development Agreement. IV. APPLICABLECRITERIA A.Prior Approvals. I:\\Community Development\\Planning\\2016\\Statutory Development Agreement 2016-01 Boones Crossing 118 Attachment 2 Ordinance 2246 An Ordinance Annexing into the City of Woodburn Approximately 63Acres … 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). 1.1ORGANIZATION AND STRUCTURE 1.01Structure 1.02Definitions 2.1LAND USE ZONING 2.01General Provisions 2.02Single Family Residential (RS) 3.1DEVELOPMENT GUIDELINES AND STANDARDS 3.01Street Standards 3.02Utilities and Easements 3.03Setback, Open Space and Lot Standards 3.04 Access 3.05Off Street Parking and Loading 3.06Landscaping Standards 3.08Partitions and Subdivisions 4.1ADMINISTRATION AND PROCEDURES 4.01Decision Making Procedures 4.02Review, Interpretation and Enforcement C.Additional Substantive Criteria. The goals and policies of the Woodburn Comprehensive Plan I:\\Community Development\\Planning\\2016\\Statutory Development Agreement 2016-01 Boones Crossing 119 Attachment 2 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 threephases. 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. 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 developedand 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 splitinto sixphases. The first two phases were completed by2007. E. The remaining phases are owned bydifferent developers. The sewer pump station was required with development of Phases 4 and5 while the threeacre park was to be dedicated and improved prior to completion of Phase 5. F.The last fourphases of Boones Crossing have beenundeveloped 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 typesofuncertainties, identify requirements, modify conditions and establish a schedule for development to occur. I:\\Community Development\\Planning\\2016\\Statutory Development Agreement 2016-01 Boones Crossing 120 Attachment 2 VI. ANALYSIS AND FINDINGS OF FACT A.Woodburn Development Ordinance("WDO") 1.1ORGANIZATION AND STRUCTURE 1.01Structure 1.02Definitions 2.1LAND USE ZONING 2.01General Provisions 2.02Single Family Residential (RS) 3.1DEVELOPMENT GUIDELINES AND STANDARDS 3.01Street Standards 3.02Utilities and Easements 3.03Setback, Open Space and Lot Standards 3.04 Access 3.05Off Street Parking and Loading 3.06Landscaping Standards 3.08Partitions and Subdivisions 4.1ADMINISTRATION AND PROCEDURES 4.01Decision Making Procedures 4.02Review, Interpretation and Enforcement Finding : Boones Crossing Planned Unit Developmentwas 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. I:\\Community Development\\Planning\\2016\\Statutory Development Agreement 2016-01 Boones Crossing 121 Attachment 2 Findings :ORS 94.508 requires the City find that the Development Agreement is consistent with local regulations in place for the Cityand 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-makerand will approve the Development Agreement by approving an Ordinance. Conclusion : The Agreement is in compliance with applicable sections of the Woodburn Development Ordinanceand 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). 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: I:\\Community Development\\Planning\\2016\\Statutory Development Agreement 2016-01 Boones Crossing 122 Attachment 2 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 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. I:\\Community Development\\Planning\\2016\\Statutory Development Agreement 2016-01 Boones Crossing 123 Attachment 2 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. i.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. j.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: 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. l.The effect on the applicability or implementation of the agreement when a city annexes all or part of the property subject to a development agreement: Not applicable, since the property is already annexed. I:\\Community Development\\Planning\\2016\\Statutory Development Agreement 2016-01 Boones Crossing 124 Attachment 2 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 developersto pay for or constructimprovements on or forthe 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 issuedagainst the current SDC amountin 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 & 5and 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): Adevelopment 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 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. I:\\Community Development\\Planning\\2016\\Statutory Development Agreement 2016-01 Boones Crossing 125 Attachment 2 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. Conclusion: The Agreement is in compliance with ORS 94.504(6). C.Additional Substantive Criteria. The goals and policies of the Woodburn ComprehensivePlan The right-of-way standards of the Woodburn Transportation SystemPlan I:\\Community Development\\Planning\\2016\\Statutory Development Agreement 2016-01 Boones Crossing 126 Attachment 2 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 donot 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. Thesite also was posted with seven onsite public notices. Conclusion :Public notice wasprovided in accordance with statute and the Woodburn Development Ordinance. Public Hearing: Findings : Pursuant to ORS 94.513, the City Council will conduct a public hearingon December 12, 2017,to receive testimonyon 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. VII.Overall Summary I:\\Community Development\\Planning\\2016\\Statutory Development Agreement 2016-01 Boones Crossing 127 Attachment 2 Boones Crossing Planned Unit Development was originally approved in 1997. Two of six phases have been developed to date. However, the restof the PUD has remained undeveloped for the past nineyears. Property owners are interested in moving forward and have requested that the City enter into a Statutory Development Agreement.The Development Agreementis a tool crafted through state statuteto resolve uncertainties, clarify development requirements, modify conditions and establish a schedule for development to occur. Itis doubtful that the project would move forwardwithout 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 I:\\Community Development\\Planning\\2016\\Statutory Development Agreement 2016-01 Boones Crossing 128 Attachment 2 Boones Crossing Planned Unit Development I:\\Community Development\\Planning\\2016\\Statutory Development Agreement 2016-01 Boones Crossing 129 Attachment 2 Zoning Map and Location Boones Crossing Phases 3 - 6 Phase III Phase V Phase Phase IV VI I:\\Community Development\\Planning\\2016\\Statutory Development Agreement 2016-01 Boones Crossing 130 131 132 133 Agenda Item December 12, 2016 Honorable Mayor and City Council through City Administrator TO: FROM:Eric Liljequist,Interim Public Works Director SUBJECT: Acceptance of a Public Utility Easement at 1390 Meridian Drive, Woodburn, OR 97071 (Tax Lot 051W07AC04200) : RECOMMENDATION That Council accepts a 16 foot Public Utility Easement for City water facilities granted byWoodburn School District, property ownerof 1390 Meridian Drive, Woodburn, OR 97071. (Tax Lot 051W07AC04200) : BACKGROUND A permanent public water line easement was required as a Public Works conditionof building permit B16-103. This waterline easement will create a publicwater main thatwill provide required fire protection for the existing building. : DISCUSSION The Public Utility Easement is a 16.0 feet wide Waterline Easement that is located within the existing property boundary at1390 Meridian Drive. It provides a permanent easementand right-of-way to construct, reconstruct, operate, and maintain Water Mains, Service Lines and Appurtenances. FINANCIAL IMPACT: There is no monetary cost to the City for this Public Utility Easement since it was grantedby the property owneras a condition to building permit B16-103. ATTACHMENTS ACopy of the properly signed public utility easement document is attached. Agenda Item Review:City Administrator ___x___City Attorney __x____Finance __x___ 134 135 136 137 138 Agenda Item December 12, 2016 Honorable Mayor and City Council through City Administrator TO: FROM:Eric Liljequist,Interim Public Works Director SUBJECT: Acceptance of a Public Utility Easement for the New Success High School at 1785 N. Front Street, Woodburn, OR 97071 (Tax Lot 051W07A00600) : RECOMMENDATION That Council accepts a 16 foot Public Utility Easement for City water facilities granted byWoodburn School District, property ownerof 1785 N. Front Street, Woodburn, OR 97071. (Tax Lot 051W07A00600) : BACKGROUND A permanent public water line easement was required as a Public Works conditionof building permit B16-103. This waterline easement will create a publicwater main thatwill provide required fire protection for the future Success High School facility. : DISCUSSION The Public Utility Easement is a 16.0 feet wide Waterline Easement that is located within the existing property boundary at the southwesterly portion of 1785 N. Front Street. It provides a permanent easementand right-of-way to construct, reconstruct, operate, and maintain Water Mains, Service Lines and Appurtenances. FINANCIAL IMPACT: There is no monetarycost to the City for this Public Utility Easement since it was grantedby the property owneras a condition to building permit B16-103. ATTACHMENTS ACopy of the properly signed public utility easement document is attached. Agenda Item Review:City Administrator ___x___City Attorney __x____Finance __x___ 139 140 141 142 143