Ord 2548 - Annexing 107.8 acres SE Corner of Butteville rd and State Hwy 219 COUNCIL BILL NO. 3051
ORDINANCE NO. 2548
AN ORDINANCE ANNEXING APPROXIMATELY 107.8 ACRES OF PROPERTY INTO THE
CITY OF WOODBURN, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF
BUTTEVILLE ROAD AND STATE HIGHWAY 219, MARION COUNTY, OREGON
WHEREAS, the subject property is owned by Darma Real Estate Partnership,
LP and is legally described in Exhibit "A", which is affixed hereto and by this
reference incorporated herein.
WHEREAS, consistent with ORS 222.111 (2) a proposal for annexation was
initiated by petition of the owner of real property in the territory to be annexed, a
copy of the petition is on file with the City Recorder; and
WHEREAS, written consent has been obtained from the only owner of the
territory and the applicant, Specht Woodburn LLC, has requested annexation of
the subject property, and
WHEREAS, the property to be annexed is within the City's Urban Growth
Boundary; and
WHEREAS, the property to be annexed is contiguous to the City and can be
served by City services; and
WHEREAS, on October 12, 2017, the Woodburn Planning Commission
considered the annexation application and after a duly advertised public
hearing recommended to approve the annexation; and
WHEREAS, on December 11 , 2017, the Woodburn City Council held a public
hearing, reviewed the record and heard all public testimony presented on said
application, and, upon deliberation, concluded that the proposed annexation
meets the applicable approval criteria under the City of Woodburn Development
Ordinance; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That the subject property, legally described in Exhibit "A", is annexed
to the City of Woodburn and that the effective date of this annexation is
contingent upon the City Council's acceptance of the easements referenced in
Section 3.
Page 1-COUNCIL BILI.NO. 3051
ORDINANCE NO. 2548
Section 2. That the City Council adopts the Analysis and Findings, affixed hereto
as Exhibit "B" and by this reference incorporated herein.
Section 3. The annexation does not become effective until City Council
acceptance of the easements required by the Final Order approved for Riparian
Corridor and Wetland Overlay District (Case 2017-04) which is consoiidated with
this annexation. If these easements are not accepted by the City Council within
one year of the date this Ordinance is approved by the Mayor, this Ordinance
shall expire automatically, the annexation approved by this Ordinance shall not
take effect, and future annexation will require a new petition from the property
owner.
Approved as to form: 71--
City Attorney Dc(te
Approve
4
4Kafhry Figlegay'or
��ry
T
Passed by the Council )-e(2,42,02 i22,L 114 26 7
SubmMed to the Mayor 2'61
Approved by f he Mayor
Filed in the Office of the Recorder
Attest:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 2-COUNCIL BILL NO, 3051
ORDINANCE NO, 2548
EXH0T A: Lega� Description
Northwest
REGISTERED
SSIONAL
LAND S "E
7 47
Ia,phone: 503-9 4X i..""
OREGON
m4imy 15. z=
AnnexationArea Description CLINTONH. STUBBt SCR,
MaratEt I d" dpp p 7
w'earl Pr~a 1"pest 'ti rrm bey p i67 RENEWAL DATE. /30/1
A tract of lad d located in tho southeast one-quarter cal" e.ctiora I l and the northeast one-claaarter a.'st'
1^ir.°cdon 14, °l ownship 5 SoUth. Range Fest.. Willr°rs7 e to NvIer.,idLirt, Marion C`arranm Oregon. and
being more paarticrrlaarh described as lc Hol,vs:
l eL,k, aiau at t:l°rc most w stir~Iw rararTtlaaNest corner ail'Parr;:cl '2 a l'Parr~ti6on 6 lai.'^»o. 2004-105. Marion
c'rtrratN lalat Recol,d,s, said point being, on tha. easterly boundary of that pt'c'rpr ilk,, ccrraveyed to 11,imi a
R.edl Fstaate Partnership. 1.P on October I& 20111 by as deed recor°cied pa Reel el 3326. 1 au 12. Marion
t<`ountl, Deed Records'. Thence aal()%,, .said caster[\ lrrrrsridar% and the northefly extension thereof,
North 01�.,�4`l 4l 1-_ar.st 1090,22 feet to the aa.rrtherk right-ail=dada Hne oi'Staw Highway 2"19 d,,50,00
feet tac:lrtlrerlw froaa the centerline thereof', when rtaeaasa.rred at r°i,,ht aarap,lesr; heac°e alr-oag said
nortl erk rr�altt-o1'. N,,aN liar:, North 04'4 l'" cast 850, 4 feet'to an aanole point Lhcr',sera, said p oiaut
also beinu on tha southc-,Lster 1p tine of Hiatt prop ertN reranvea ed to F,Veslrara M artille'7 1.,.011e t et al. on
'l,arch 18. 2010 b,, as deed recorded in Reel ;159. Page _p-1~". : 4w—ion Cotrrttw Deed Records- Ther°rce
aalc'rstg the soartheaastcrl� lieu:° ofsaid Lopez proprcr°tp,. South ,l 7"15'44 � cst - ,52 fc t to the
ss UIIIQa_st cordo thereof, said paoint 'hcinu, 4).00 t`eot nor-t.herk lror°ra the:centerline of'State HiLhvw°aw
19. vs herd r°neasured at right artfllcs: Thence North 88'04'4-4"' West _p,7.9d Ceet to the vr,esterlw
r1,11h101`_%Vaal,° liar° rat"13tatteviHe Road pratt.(IYwp feet %vesterk, from the cQnterhne thereof. when
a°reaasarrecl at right, aaaglwsl: Thence alort�a said, vwesterlw right-o¢'-wwcaN limey, South 11`55*1 F °est
49540 feet to ar point of cur,°artarre, Thence continuing atlortl,.said wNesterh rial7t-ol=wvav line, 242.21
fee. t aalom,the tiers c'af,a tangent circular ctrr-v.e to OI left. having ar nadirs of"1 17 .92 feet. a delta
angle of 1 1'°° 111"05"`and a long, chord 01''SOUth 08'() "08.. est 711.78 deet to a$ point of tat uency
thereon: Thence craatiartirtl, along said vw°esterly righl-rA'-%Nqy Nine, South 02'07,1 p", West 161135
fleeT to ar, paoiaat cal"arraw aattr,rs=; ,,,l,.la race contiaariatc.along :suit] wvcsterly right-of-w-waay line, 200.13 !'eet,
along the are ofd t.arat�bent ChVUlaar ctary e to the left. hawing a radius 01"80,305,00 1"e t., a.delta drag] ctrl`
0""08'34" and as lorrvc chord 01*Strrrth 02'02.57w Nkest_"I. 0,I:t feet to ar pr(;aaat of aartgca:rcw thereon:
l hence ccr¢rtirtarrrra atlon') saaid wwCs�terk, r°itht-cel"-wv`arpra line, r?t1115 01 58'38 " 'est 1517.79 feet to its
irrter°scctiort wvith the i esteit, extension ofthC SOUth lir°le Of satid l Xtrrtaar pearl Estate Partnerships, l.,P
p-rropaem-t, 'Fhence alrrn2 sand wwrrsterlw extensiem and "cors inuirtal alono saldSOUth line. South
SK"I °1 ` East 1248A6 feet to the aorthrwesterk right-of-v%a line efinterstaate 5 (174.00 feat
nor-thv,ester k 1'i`oni the r.•vrratr rliae thereof'. "hen rtteas:sarred at right angles): "1}erne alono said
r'aortlmesterl ri"alit-ral=award line. North 37`28'1 _'aast 133 x 1 f';et tar tl°ac most st eatster k soutlacaast
cor-s-rer°of sari. l)aarmaa 1 eai 1r°stme Part crship. LP p ropem. said point also being thercrt ost soutl"e ly
corner of Paarccr 2 g al"paartition Plat Xo. 7004-1 t.r_i. l"hence aaloa-; the%west Byre idyl :sand Parcel 2.North
rll 43'32East 296835 t' et to the Point of lie irr:rrdrt9
'The basis of'bQarin,as lbr this description is Partition Platt No, X004-1115. Marion t:'vlr,srttw Strr'vc\
Records.
EXHiBlT k Legal Description
Fagg 2 c�_2_.__
A N XA nN AR
ELESBAN MAKNEZ LOPEZ ET AL
LOCATED IN THE SWTHEAST 1/4 OF SEC110N 11 REEL 3159, PAGE 345
AND THE NORIHEAST '1/4 OF SEC*nON 14, (MARCH 18, 2010)
LOT I
TOYMSHP ,5 SOUTH, RANGE 2 WESTW.M.,
MARION CWNTY, OREGN S37-15'44""W FANFAIRE SUB WASION'"
24-52' N8 '04'44' 34STATEWIf!UWA v 219
N88'04'44"W 237.92' C14
'WOMBURN CHRUCH
LENGTH = 242,21' 2 OF TiE NAZARENE
RADIUS = 1175.92' — VOL 766, RAGE 227
DELTA 11*48'05" POINT OF BEGINNING - (NOV. 29, 1973)
CHORD S08*01*08"W 241,78'
'TAFP4Ey LAN,�' WOO"D AVBUE
Ln
n EXISnNG
CITY UWTS
P PARCEL 2
014
SCALE 1" 600 FEET DARMA REAL ESTATE PART11TON PLAT
REEL
PAR3326TNERSHPAGE IP, LP 32 NO. 2004-105
,
co
2011)
LENGTH
CN
RADIUS = 80305.00' n
DELTA = 0*0834"
C�HORD = S02"02" 7" 200A3"
REGMTERED
PROFESSIONAL
LAND SURVEYOR
�e
V
N37"2 "WE 13,31'
RENEWAL DATE; 06/30/18 S8818-12-E 124&W
PPE EM FDR JOB NAME i-5 LOGISTICS
SPEW WOODBURN, LLC JOBNUMBER: 1567 NORTHWEST 1815 NW 169th PLACE,
10260 SW GREENBERG RD., SU TE 2090
SUFE 170DRA,IMNG NUMBER� 1567 ANNEX BEAVERTON, OR 97006
PORTLAND, OR 97223 - PHONE.,503-848-2127
,3-848—217'9
-DRAWN BY: CHS FAX-50
SURVEYING, Inc. nwsurveyirg*nwsrvy,ccm
CHECKED B : SFS`
EXHIBIT B
Page I of 32
Annexation
ANX 2017-44
ANALYSIS AND FINDINGS
BACKGROUND AND PROPOSAL
The request involves a consolidated set of applications that include:
• Comprehensive Plan Map Change;
• Southwest Industrial Reserve(SWIR)Master Plan approval;
• Annexation;
• Zone Map Change;and
• Riparian Corridor and Wetlands Overlay District(RCWOD) Permit.
The 1.08-acre site proposed for annexation was part of the City's most recent urban growth boundary
(UGB)expansion (Ordinance No. 2530)adopted December 14,2015. That ordinance and an associated
intergovernmental agreement(IGA)with Marion County specified that the City could annex this
territory only if it also applied the newly created SWIR requirements.
Please note that this application package does not involve a site development approval or site plan.
Before the site can be developed,a site plan approval would be required.
The Planning Commission conducted a public hearing on October 12,2017 and made a recommendation
that the City Council approve the annexation and associated applications.
The City Council conducted a public hearing on December 11, 2017,closed the record,and after
deliberating voted to approve all of the requested associated with this application.
APPROVAL CRITERIA
Sections 2.01,2.04,4.01,4.02,and 5.04 of the WOODBURN DEVELOPMENT ORDINANCE,as well as any
applicable elements of the WOODBURN COMPREHENSIVE PIAN,as they relate to requests for
annexation and rezoning.
THE RECORD
The record for ANX 2017-04(consolidated): CPA 2017-01/ZC 2017-01/RCWOD 2017-04/MP 2017-01,
consists of all of the evidence placed before the Planning Commission and City Council,including all
testimony received during the public hearings.
FINDINGS AND ANALYSIS
Mahan: Analysis and Findings ANX 201704
EXHIBIT B
Page 2 of 32
4.02.07 Consolidated Applications
An applicant may request, in writing, to consolidate applications needed for a single development
project. Under a consolidated review, all applications shall be processed following the procedures
applicable for the highest type decision requested. It is the express policy of the City that development
review not be segmented into discrete parts in a manner that precludes a comprehensive review of the
entire development and its cumulative impacts.
Because all the applications are Type IV,except the Type 1 Riparian Corridor and Wetlands Overlay District
(RCWOb),the highest level of processing and review is also Type IV. This application was processed as a
Type IV approval.
The requirement is met.
5.04.01 Annexation
B.Mandatory Pre-Application Conference:Prior to requesting annexation to the City,a Pre-Application
Conference (Section 4.01.04) is required. This provides the city an opportunity to understand the
proposed annexation and an opportunity to provide information on the likely impacts, limitations,
requirements,approval standards,and other information that may affect the proposal.
A pre-application conference occurred February 1,2017, prior annexation application submittal.
The requirement is met.
C.Criteria:
1.Compliance with applicable Woodburn Comprehensive Plan goals and policies regarding annexation.
The requested annexation complies with numerous provisions of the Comprehensive Plan, including
Section G, Growth Management and Annexation: Goal G-2 and associated Policies G-2.1, -2.2 and 2.3,
which apply directly to the review and approval of annexations. Importantly, this property was a key
component of the recently approved City Urban Growth Boundary (UGB) expansion. The applicant has
identified goal statements and policies in other sections of the Comprehensive Plan, such as those
referring to the SWIR,that have relevance to the proposed annexation. In the section below,the applicant
cites and responds to each of these below:
B.Citizen Involvement and Agency Coordination
Policy B-1. It is the policy of the City of Woodburn to solicit and encourage citizen input at all phases
of the land use planning process.Since the City is trying to plan the community in accordance with the
community's benefit, it is essential that the community be consulted at all stages of the planning
process.
Policy B-2. Woodburn shall coordinate with affected state agencies regarding proposed
comprehensive plan and land use regulation amendments,as required by state law.
Mahan: Analysis and Findings ANX 2017-04
EXHIBIT B
Page 3 of 32
City use of the annexation review and approval procedure in the Woodburn Development Ordinance
(WDO),which implements practices and requirements consistent with Policies.B-1 and B-2, is sufficient to
satisfy this goal and its policies.
The application comphes_w.ith this-go-al/policy-
C. Marion County Coordination
Goal C-1. To coordinate with Marion County regarding planning issues that extend beyond the
boundaries of the City of Woodburn, including population allocations, amendments to acknowledged
comprehensive plans and transportation system plans, and achievement of a compact urban growth
form, as required by Statewide Planning Goals 2 (Land Use Planning and Coordination), 12
(Transportation)and 14(Urbanization).
This annexation is consistent with,and furthers the implementation of,City Ordinance No.2530/Marion
County Council Bill No. 2992,"An Ordinance Responding to a LCDC Remand Order by Adopting an Urban
Growth Boundary; Amending the Woodburn Comprehensive Plan and Urban Growth Coordination
Agreement to Designate an Urban Reserve Area and Create Two 20-Year UGB Expansion Limitations;
Making Legislative Findings to Explain the City Council's Action on Remand;and Declaring an Emergency."
The application complies with this goal/policy.
Policy C-1.1 Marion County Framework Plan goals, policies and guidelines will be considered when
the City considers plan amendments that require Marion County concurrence.
Policy C-1.1 is not applicable because the proposal does not include a plan amendment requiring Marion
County concurrence. The comprehensive plan map amendment and zone change components of the
application package are not a change in policy, but rather the straightforward application of the City
planned land use designation for the subject property(SWIR) in conjunction with its annexation into the
City,consistent with Woodburn Ordinance No.2530/Marion County Council Bill No. 2992.
The application complies with this goal/policy.
Policy C-1.2 The City of Woodburn shalt have primary responsibility to plan for community growth
within its Urban Growth Boundary,and recognizes its responsibility to coordinate with Marion County
to ensure the efficient use of urbanizable land within the Woodburn Urban Growth Boundary.
The annexation is consistent with Policy C-1.2, enabling land within the City of Woodburn UGB to be
efficiently developed for industrial use, consistent with adopted Ordinance No. 2530.
The application this goal/policy.
D.Residential Land Development and Housing Goals and Policies[detailed provisions omitted forbrevity]
The Residential Land Development and Housing Goals and Policies are not applicable because the 5WIR
Overlay land use designation, in which the subject property is located, is planned for industrial
development and not for housing.
The application complies with this goal/policy.
Mahan: Analysis and Findings ANX 2017-04
EXHIBIT B
Page 4 of 32
E. Industrial Land Development and Employment Goals and Policies
Gaal E-1. Woodburn shalt provide and maintain an adequate supply of suitable industrial sites to
attract targeted firms consistent with Statewide Planning Goal 9 (Economy of the State), the
recommendations of the 2001 Woodburn Economic Opportunities Analysis and the Woodburn
Economic Development Strategy.
Policy E-1.6 The city deems the industrial park concept the most desirable form of industrial
development. Whenever possible the industrial park concept will be encouraged in an attractive and
functional design.Master planning of industrial areas shall be required prior to annexation of industrial
land to the City. Master pians shall reserve parcels of sufficient size to meet the needs of targeted
industries identified in the EOA.
The Applicant has prepared and submitted a SWIR Master Plan in conjunction with this annexation
application, which satisfies the Comprehensive Plan and WDO requirements for master planning of
industrial areas. Prior to this submittal, the applicant submitted to Marion County an application to
subdivide the property into five discrete lots at a minimum of 20 acres each, consistent with County UT-
20 Zoning. Staff consulted with County staff in the review and approval of that request, and the City and
County entered into an intergovernmental agreement (IGA) as anticipated by subdivision approval
conditions that will address the future development of Butteville Road NE. The Marion County Surveyor's
Office is currently reviewing the Applicant's 1-5 Logistics Center Subdivision" final plat submittal, and
recording of the plat is planned prior to the effective date of annexation. Thus, at the time the City
annexes the territory, it will be in the form of five platted lots rather than a single parcel. The lot sizes
and shapes proposed are consistent with the requirements of the City Comprehensive Plan and WDO.
When the City receives a development application for proposed industrial development, it would be
subject to review and approval under City Design Review procedures. The proposed annexation is
therefore consistent with this Goal and Policy.
The application complies with this goal/policy.
Goal E-2. Woodburn shall reserve suitable sites in the Southwest Industrial Area for targeted industrial
firms,as directed by the 2001 Woodburn Economic Opportunities Analysis.
Annexation of the subject property does not affect the boundaries of lots that Marion County approved
prior to annexation. Also, in July 2016 Leland Consulting Group issued the Woodburn Target Industry
Analysis(WTIA) report that: identified industries that the City could be well-positioned to attract as part
of its economic development strategy; considered the characteristics of specific subareas of the City
including the SWIR; and recommended that the City amend zoning standards to facilitate development
by industrial users. The City Council adopted the related amendments on January 9, 2017 via Ordinance
No. 2544.
The application complies with this goal/policy.
Policy E-2.2 A master development plan shall be approved by the City Council prior to annexation
to the City.The master plan shall show how streets,sanitary sewer,water and stormwater services will
be sized and located to serve the entire SWIR area.The master plan shall show how arterial, collector
Mahan:Analysis and Findings ANX 2017-04
EXHIBIT B
Page 5 of 32
and local street access will be provided to each lot if land division is proposed.The proposed master
plan shall be referred to Marion County for comment prior to consideration by the City Council.
WDO Section 2.05.D. and its subsections implement this Policy. The Applicant prepared a SWIR Master
Plan with technical components addressing those requirements and provided recommended findings
above that respond to the applicable WDO provisions. The City will forward the proposed SWIR Master
Plan to Marion County prior to the City Council public hearing. These actions are sufficient to implement
and satisfy this Policy.
The application complies with this goal/policy.
F.Commercial Land Development and Employment
The Commercial Land Development and Employment Goals and Policies are not applicable because the
City plans for industrial uses on the subject property, consistent with the SWIR land use designation,
discussed above.
The application complies with this goal/policy.
G.Growth Management Goals and Policies
Goal G-1. The City's goal is to manage growth in a balanced, orderly and efficient manner,
consistent with the City's coordinated population projection.
Policy G-1.1 Woodburn will assure that all expansion areas of the City are served by public facilities
and services with adequate capacity.Consideration of proposals that vary from City capacity standards
and facility master plans shall include mitigating measures determined to be appropriate the Public
Works Department.Other public service providers such as the School District and Fire District shall also
address capacity considerations.
The companion SWIR Master Plan and supporting findings within this document, which the applicant
submitted for consolidated review with the annexation application, satisfy this Policy.
The application complies with this goal/policy.
Policy G-1.2 Woodburn will encourage the optimum use of the residential land inventory providing
opportunities for infill lots, intensifying development along transit corridors, and application of
minimum densities.
This Policy is not applicable because the proposed annexation area is not designated for residential use.
The application complies with this goal/policy.
Policy G-1.3 The City shall provide an interconnected street system to improve the efficiency of
movement by providing direct linkages between origins and destinations.
The companion SWIR Master Plan and supporting findings within this document,which are submitted for
consolidated review with this annexation application, satisfy this Policy. In particular, the SWIR Master
Plan incorporates street designations, bicycle facility corridors, and other Transportation System Plan
(TSP) requirements.
Mahan: Analysis and Findings ANX 2017-04
EXHIBIT B
Page 6 of 32
The application complies with this goal/policy.
Policy G-1.4 The City shall assure the provision of major streets as shown in the Transportation
Systems Plan. The City shall hold development accountable for streets within and abutting the
development. In addition, the policy of the City is to emphasize development outward in successive
steps and phases that avoid unnecessary gaps in the development and improvement of the streets.
The companion SWIR Master Plan and supporting findings within this document,which are submitted
for consolidated review with this annexation request,satisfy this Policy. The City can require public
right-of-way dedications and street improvements consistent with the TSP and the SWIR Master Plan,
including bicycle and pedestrian facilities, in conjunction with Design Review approval for proposed
development projects. To assure access for construction of improvements that will be necessary to
avoid gaps and to support initial and subsequent phases of development as outlined in the SWIR Master
Plan,specifically the widening of Butteville Road,Section 3 of the proposed Ordinance requires the
Applicant to provide easements to the City adjacent to the segment of the Butteville Road right-of-way
between the future extension of Woodland Avenue and Oregon Highway 219, as a precondition for this
annexation to become effective.
The application complies with this goal/policy.
Policy G-1.5 The City's policy is to consider the Capital Improvement Program (CIP) when investing
public funds or leveraging private investment.
This Policy is not applicable because the proposed annexation does not include any proposal that would
commit the City to make specific allocations of public funds or alter its CIP.
The application complies with this goal/policy.
Policy G-1.6 The City shall encourage high standards of design and flexibility that are enabled by the
PUD zone.
This Policy is not applicable because the proposed annexation does not include any land in a Planned Unit
Development(PUD)zone.
The application complies with this goal/policy.
Policy G-1.7 The City's policy is to accommodate industrial and commercial growth consistent with
the 2001 Woodburn Economic Opportunities Analysis(EOA).
The proposed annexation directly furthers this Policy by extending City jurisdiction to include land
designated SWIR within the UGB, enabling the City to approve industrial development proposals
consistent with applicable City land use and development standards in the WDO.
The application complies with this goal/policy.
Policy G-1.8 Woodburn's policy is to diversify the local economy.Woodburn seeks to diversify the
local economy so that the community will prosper and can weather swings in the business cycle,
Mahan: Analysis and Findings ANX 2417-04
EXHIBIT B
Page 7 of 32
seasonal fluctuations, and other economic variables. The intent is to provide a broad spectrum of
commercial and industrial enterprises.The variety of enterprises will not only provide insulation from
negative business factors, but a choice in employment opportunities that in turn allows for the
diversification in income types.
The proposed annexation directly furthers this Policy by extending City jurisdiction to include an
approximately 108-acre tract of land within the UG13 and designate it in the SWIR Overlay and Zoning
District,for types of industrial development identified in the 2016 Target Industries Analysis.
The application complies with this goal/policy.
Policy G-1.9 To ensure that growth is orderly and efficient, the City shall phase the needed public
services in accordance with the expected growth.Extensions of the existing public services should be in
accordance with the facility master plans and Public Facility Plan in this Comprehensive Plan.
The proposed annexation,together with the companion SWIR Master Plan,directly furthers this Policy by
extending City jurisdiction to include land within the UGB and designate it as SWIR. Consistent with the
SWIR Master Plan and the Public Facility Plan,the City will require extensions of public utility services in
conjunction with Design Review approvals for sites within the subject property. That practice is sufficient
to ensure that adequate public services will be provided to the subject property as well as to the other
identified SWIR-area properties within
the UGI3.
The application complies with this goal/policy.
Policy G-1.10 Woodburn will ensure that land is efficiently used within the Urban Growth Boundary
(UGB) by requiring master development plans for land within Nodal Development Overlay and
Southwest Industrial Reserve overlay designations. Master plans shall address street connectivity and
access, efficient provision of public facilities, and retention of large parcels for their intended
purpose(s)-
The proposed annexation,together with the companion SWIR Master Plan, directly furthers this Policy.
The Applicant has included the SWIR Overlay designation on the Comprehensive Plan Map,SWIR Zoning,
and a SWIR Master Plan for consolidated review with the annexation application, with recommended
findings of compliance above in this document.
The application complies with this goal/policy.
Policy G-1.13. The City shall pay for public facilities with system development charges from
anticipated growth.
The proposed annexation contributes to implementing this Policy because industrial development
projects within the subject property will be required to pay applicable system development charges
(SDCs),sometimes termed "impact fees".
The application complies with this goal/policy.
Mahan:Analysis and Findings ANX 2017-04
EXHIBIT B
Page 8 of 32
Policy G-1.12 The County shall retain responsibility for regulating land use on lands within the urban
growth area(unincorporated land inside the UGB) until such lands are annexed by the City.The urban
growth area has been identified by the City as urbanizable and is considered to be available,over time,
for urban development.
The proposed annexation contributes to implementing this Policy by bringing land within the UGB into
City jurisdiction for regulation of land use and development, including SWIR Overlay designation and
zoning,so it can be developed consistent with City planning for economic growth and diversification.
The application complies with this goal/policy.
Policy G-1.13 The City and County shall maintain a process providing for an exchange of information
and recommendations relating to land use proposals in the urban growth area.Land use activities being
considered within the urban growth area by the County shall be forwarded by the County to the City
for comments and recommendations. The City shall respond within twenty days, unless the City
requests and the County grants an extension.
Policy G-1.14 All land use actions within the urban growth area and outside the City limits shall be
consistent with the City's Comprehensive Plan and the County's land use regulations.
The City will circulate a copy of the submitted application materials to County staff for review and
comment prior to the public hearing process. In 2016,the applicant coordinated extensively with both
the City and County in the submittal, review and approval of the subdivision of the subject property into
five lots of 20 acres or more in size, as allowed by its Marion County UT-20 zoning. The Applicant has
submitted no other proposal to the County for land use activities or actions in the subject property.The
proposed Comprehensive Plan Map and Zone Map Amendments are occurring concurrent with
annexation,and are therefore not on lands"outside the city limits";thus,no determination of consistency
with the County Comp Plan and land use regulations is required.The proposed annexation action complies
with this Policy.
The application complies with this goal/policy.
Policy G-1.15 In order to promote consistency and coordination between the City and County, both
the City and County shall review and approve amendments to the City's Comprehensive Plan which
apply to the portion of the urban growth area outside the City limits.Such changes shall be considered
first by the City and referred to the County prior to final adoption. If the County approves a proposed
amendment to the City's plan, the change shall be adopted by ordinance, and made a part of the
County's plan.
This policy is not applicable because annexation and comprehensive plan map and zoning map
amendments are occurring concurrently,so no re-designation is proposed to occur outside the City limits.
The application complies with this goal/policy.
Policy G-1.16 The area outside the urban growth boundary, including the area within the urban
Reserve Area(URA),shall be maintained in rural and resource uses consistent with the Statewide Land
Use Planning Goals.
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This policy is not applicable because the proposal does not involve any land located outside the City UGB.
The application complies with this goal/policy.
Policy G-1.17 The City and County shall strive to enhance the livability and promote logical and
orderly development of the urban growth area in a cost effective manner.The County shall not allow
urban uses within the Urban Growth Boundary prior to annexation to the City unless agreed to in
writing by the City.City sewer and water facilities shall not be extended beyond the City limits,except
as may be agreed to in writing by the City and the property owner and the owner consents to annex.
The City shall be responsible for preparing the public facilities plan.
The proposed annexation is consistent with this policy because it proposes to bring land, including the
abutting public rights-of-way(Butteville Road NE and Oregon Highway 219)into the City priorto extension
of public utility services,and it does not include any proposal to provide services to land areas outside the
Woodburn UGB. This action is consistent with and continues the City practice of annexing territory to
meet the needs of growth and economic development opportunities in the community,such as previous
annexations to enable urbanization and development of the 1-5 interchange and industrial lands adjacent
to the subject property.
The application complies with this goal policy.
Policy G-1.18 Conversion of land within the boundary to urban uses shall be based on a consideration
of:
(a) Orderly,economic provision for public facilities and services;
(b) Availability of sufficient land for the various uses to ensure choices in the market place;
(c) LCDC Goals;
(d) Further development of vacant and under utilized residential land within the City's buildable
land inventory before annexing additional territory for conversion to residential use at urban densities;
and
(e) Applicable provisions of the Marion County and City Comprehensive Plans.
As noted above, on December 14, 2015 City Ordinance No. 2530/Marion County Council Bill No. 2992
amended the UGB pursuant to a negotiated multi-party settlement agreement, resolving a disputed UGB
expansion action. That policy action by the City and the County was supported by detailed findings of
compliance that addressed, among other considerations,the above factors (a)through (e). Because the
proposed subject property of the proposed annexation is within the UGB adopted in 2015 and
subsequently acknowledged by the Oregon Land Conservation and Development Commission(LCDC),it is
consistent with the acknowledged UGB and City/County urban growth management policies and
practices. Accordingly, it is not necessary to revisit each of those factors in detail as part of this
application. (See copy of City of Woodburn Ordinance No. 2530/Marion County Council Bill No.2992 in
Exhibit D.)
The application complies with this goal/policy.
Policy G-1.19 Woodburn is committed to working with Marion County to minimize conversion of farm
and forest lands, by'achieving a compact urban growth form.The City shall zone buildable land such
that the private sector can achieve 8 units per gross acre, consistent with the City's housing needs
analysis.This efficiency standard representsthe average density for new housing that will be zoned and
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allowed under clear and objective standards by the City. Through a combination of infill,
redevelopment,vertical mixed use development and provision for smaller lot sizes and a greater variety
of housing types, Woodburn provides the opportunity for the private sector to achieve at least 8
dwelling units per gross buildable acre (after, removing protected natural areas and land needed for
parks,schools and religious institutions).Housing through infill and redevelopment counts as new units,
but no new land consumption,effectively increasing the density measurement.
This Policy is not applicable because this request does not propose to change the adopted/acknowledged
City of Woodburn UGB,which implem,ents this Policy. This Policy is also not applicable because it applies
to residential land needs,and the Subject property is not designated for residential use.
The application:complies with this goal/policy.
Policy G-1.20 Woodburn designates and establishes two 20-year UGB Expansion Limitations as
depicted in Figure G-1.20,which,is adopted as part of the Woodburn Comprehensive Plan. For 20 years
from the date the UGB amendment decision is acknowledged, the City shall not seek, consider, or
approve an expansion of the Woodburn UGB in the following areas:
• West of the portion of Butteville Road NE,as depicted in Figure G-1.20.
• Northeast of Highway 99E located at the northeast edge of the existing UGB, as
depicted in Figure G-1.20:
Figure G-1.207
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ALI-� Urban Reserve
C-xmmerc9W-U3B F-Xpanion
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To further the mutual objective of the City and County to enhance livability and promote logical and
orderly development in a cost effective manner, both UGB Expansion Limitations shall function as
boundaries that shall not be crossed by any UGB expansion for a period of 20 years.
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This policy is not applicable because the subject property proposed for annexation is located within the
designated"Industrial—UGB Expansion"area of Figure G-1.20,and therefore consistent with the adopted
and acknowledged City of Woodlburn UGB.
The application complies with this goal/policy.
Policy G-1.21 The City and Marion County have jointly agreed to establish an Urban Reserve Area
(URA)consistent with state law.The URA is designated and established west and south of Parr Road as
specified in Figure G-1-21,which is adopted as part of the Woodburn Comprehensive Plan.Designating
a URA achieves the following objectives:(A) It identifies appropriate lands to be reserved for eventual
inclusion in the UGB; (B) In conjunction with Marion County's adoption of policies and regulations for
the URA, it protects this land from development patterns that would impede long-term urbanization;
and (C) it provides more certainty for jurisdictions, service districts and property owners to undertake
longer-term planning for,public facilities and services such as transportation,sewer and water,schools
and parks.
IFigure G-1.211 Z
Y1
Urban Peserve
This policy is, not applicable because the subject property proposed for annexation is located within the
designated "Industrial—UGB Expansion" area of Comprehensive Plan Figure G-1.20, and it has no effect
on the"Urban Reserve" area depicted in,Comprehensive Plan Figure G-1.21.
The application complies with this goal/policy.
Policy G-1.22 Woodburn shall apply a minimum density standard for new subdivisions and planned
unit developments of approximately 80%of the allowed density in each residential zone.
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This policy is not applicable because the subject propertyis not designated for residential development.
The application complies with this goal/policy.
Policy G-1.23 As specified in the Marion County Framework Plan, the County's preliminary
employment land use needs for Woodburn are replaced by the more detailed employment forecasts
and site suitability analysis found in the 2001 Woodburn EOA.
As noted above,the City UGB and the designation of SWIR land is based on the 2001 Woodburn Economic
Opportunities Analysis(EDA). Additionally,the 2016 Target industry Analysis validated the importance of
the SWIR-designated industrial development area in helping the City achieve its growth and economic
development goals. The proposed annexation is consistent with this policy.
The application complies with this goal/policy.
policy G-1.24 Woodburn will consider residential and commercial redevelopment and infill potential
for purposes of calculating UGB capacity,prior to expanding the UGB.Woodburn will also constrain the
supply of commercial land to encourage redevelopment along Highway 214 west of Interstate 5, and
along Highway 99W.
This policy concerns UGB capacity calculations for land in commercial and residential categories, and is
not applicable to the industrially-designated subject property.
The application complies with this goal/policy.
Policy G-1.25 Woodburn has identified two areas for mixed-use development — Downtown
Woodburn and the Nodal Development District along Parr Road.The UGB Justification Report includes
specific estimates of the number of new housing units and commercial jobs that can be accommodated
in these overlay districts.
This policy is not applicable because the subject property is not within the Downtown Woodburn area or
the Nodal Development District.
The application complies with this goal/policy.
Policy G-1.26 Woodburn intends the UGB expansion area known as the Southwest Industrial Reserve
comprising approximately 190 acres,located east of Butteville Road and north of Parr Road to be used
for larger industrial users.Consistent with other provisions contained in the Woodburn Comprehensive
Plan, all land within the Southwest Industrial Reserve shall be reserved exclusively for industrial uses
identified in the EOA and shall not be converted to another commercial or residential plan designation.
Specific lot size standards shall be established limiting the size and number of future lots for these
properties.
The subject property is located within"the UGB expansion area known as the Southwest industrial Reserve
comprising approximately 190 acres, located east of Butteville Road and north of Parr Road." This
consolidated request for SWIR Master Plan approval,Annexation,Industrial/SWIR Overlay designation on
the Comprehensive Plan Map, Zone Change to apply the City SWIR zone, and Riparian Corridor and
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Wetlands Overlay District (RCWOD) Permit is the first proposal to begin implementing this policy. No
conversion of SWIR-designated land to commercial or residential use is proposed. No change is proposed
in the City adopted lot size requirements for SWIR properties (in Table 2.04F). Therefore,the proposed
annexation complies with this policy.
The application complies with this goal/policy.
Policy G-1.27 Woodburn recognizes that residential uses present the most adverse conflicts with both
agricultural practices and with many industrial uses, especially those that use trucks as part of their
regular business practice. Woodburn and Marion County recognize that the land to the west of
Butteville Road NE is a critical part of the irreplaceable land base of the region's agricultural industry.
Therefore,to minimize conflicts between urban and agricultural uses and to minimize conflicts between
the industrial uses in Southwest Industrial Reserve and other urban uses,the City and County will:
• Ensure thatthe design of any improvementsto the portion of Butteville Road NE serving
the Southwest Industrial Reserve not encourage any urban traffic unrelated to the
industrial use in the immediate area and unrelated to agricultural uses west of
Butteville Road.
• As industrial development is planned for in the Southwest Industrial Reserve
consideration shall be given to methods that mitigate impacts from development and
adjacent agricultural activities. This can include buffers or increased setbacks along
Butteville Road, provided that any buffers needed to reduce conflicts between the
industrial uses and agricultural activity west of Butteville Road NE are located inside the
UGB.
The Applicant interprets Figure G-1.20 Butteville Road NE as locating"20-Year UGB Expansion limit(No.
1)" at the western edge of Butteville Road NE right-of-way. Because of that roadway's unique service
requirements, with urban industrial use to the east and agriculture to the west,the applicant has been
coordinating with City and County staff to create a customized cross section design with an urban
configuration (i.e., curb, landscape planter and sidewalk) on the east side of the roadway and a rural
configuration (i.e., soft shoulder and drainage ditch) on the west. The proposed pavement width and
striping need to be consistent with the City TSP,which designates Butteville Road NE as a Minor Arterial
and designates it also to have "On-Street Bicycle Lane Improvements" all the way from Parr Road NE at
the south to Crosby Road NE at the north edge of the City. (See TSP Figures 7-1 and 7-4 in Exhibit C.)
The applicant's traffic impact report demonstrates that in the initial phase of development,traffic of up
to 244 daily PM peak-hour vehicle trips from the subject property can be served entirely by Woodland
Avenue, assuming that the existing sharp curve is widened (which can be achieved within existing right-
of-way) and if the road were to extend west from its present stub terminus. In this configuration, the
subject property would require at least two driveways on Woodland Avenue,but none on Butteville Road
NE south of Woodland Avenue. This configuration is designed to minimize traffic demands on Butteville
Road NE while enabling that roadway to function consistent with its TSP designation.
The application complies with this goal/policy.
The City will evaluate the sufficiency of proposed setbacks and any buffer(s) through Design Review for
specific sites within the SWIR. This request does not propose to require any buffering by owners of
property outside the UGB on the west side of Butteville Road NE.
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Annexation Goals and Policies
Goal G-2. The goal is to guide the shape and geographic area of the City within the urban growth
boundary so the City limits:
(a) Define a compact service area for the City;
(b) Reflect a cohesive land area that is all contained within the City;and
(c) Provide the opportunity for growth in keeping with the City's goals and capacity to serve urban
development.
Policy G-2.1 For each proposed expansion of the City, Woodburn shall assess the proposal's
conformance with the City's plans,and facility capacity and assess its impact on the community.
As discussed above,on December 14,2015 City Ordinance No.2530/Marion County Council Bill No.2992
amended the UGB pursuant to a negotiated multi-party settlement agreement, resolving a disputed UGB
expansion action. The Applicant has provided a companion SWIR Master Plan for consolidated review,
demonstrating how services can be provided to all of the SWIR-designated land in the Woodburn UGB.
The submitted materials demonstrate that the proposed annexation complies with City plans for land use
and service provision,and therefore satisfy this policy.
The application complies with this goal/policy.
Policy G-2.2 Woodburn will achieve more efficient utilization of land within the City by:
(a) Incorporating all of the territory within the City limits that will be of benefit to the City.
The subject property proposed for annexation is in the northern part of the SWIR area located west of
Interstate 5. It contains the necessary corridors for extending transportation and public utility services
into that part of the SWIR, including southern extensions to serve property owned by others to the south
of the subject property. The SWIR Master Plan identification of service corridors Future should guide
annexations in the SWIR, in light of service extensions that have occurred at that time, as well as by
improvement/development plans provided by the applicant(s)for future annexation proposals.
The application complies with this goal/policy.
(b) Providing an opportunity for the urban in-fill of vacant and under utilized property.
The City has designated and added the SWIR area to the UGB because the City contains no potential infill
or redevelopment sites suitable for the types of large-scale industrial development and use planned in
the SWIR. The proposed annexation does not affect this policy,which is concerned with underdeveloped
sites located within the urban area outside the SWIR.
The application complies with this goal/policy.
(c) Fostering an efficient pattern of urban development in the City,maximizing the use of existing
City facilities and services, and balancing the costs of City services among all benefited residents and
development.
(d) Requiring master development plans for land within Nodal Development Overlay or Southwest
Industrial Reserve overlay designations prior to annexation. Master plans shall address street
connectivity and access, efficient provision of public facilities, and retention of large parcels for their
intended purpose(s).
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The City uses the SWIR Master Plan requirement as a strategy for achieving efficient development and
utilization of Cityfacilities and services within the western industrial expansion area. The applicant's SWIR
Master Plan, submitted for consolidated review with this annexation application, is consistent with this
policy.
The application complies with this goal/policy.
Policy G-2.3 Woodburn will use annexation as a tool to guide:
(a) The direction,shape and pattern of urban development;
(b) Smooth transitions in the physical identity and the development pattern of the community;and
(c) The efficient use and extension of City facilities and services.
To guide urbanization and use of the SWIR-designated land in the southwestern part of the city,
Woodburn has adopted annexation requirements that include City Council approval of a SWIR Master
Plan as a prerequisite to annexation. The SWIR Master Plan purpose is to guide construction of
transportation and utility facilities, and protection of stream corridors and wetlands, as industrial
development proceeds in the SWIR. Annexations consistent with an approved SWIR Master Plan
therefore comply with and implement this policy.
The application complies with this goal/policy.
H.Transportation
Goal H-1. Develop a multimodal transportation system that avoids or reduces reliance on one
form of transportation and minimizes energy consumption and air quality impacts.
Policy H-1.1 Develop an expanded intracity bus transit system that provides added service and route
coverage to improve the mobility and accessibility of the transportation disadvantaged and to attract
traditional auto users to use the system.
Policy H-1.2 Develop a plan for providing travel options between Woodburn and Portland or Salem,
including intercity bus service and potential bus/carpool park-and-ride facilities.
Policy H-1.3- - --Develop a-bikeway system that provides--routes-and facilities that allow bicyclists to
travel from residential areas to schools, parks, places of employment,and commercial areas. Identify
off-street facilities in City greenway and park areas. Ensure all new or improved collector and arterial
streets are constructed with bicycle lanes.
Policy H-1.4 Identify sidewalk and off-street pathway improvements to improve pedestrian mobility
within neighborhoods and between residential areas and schools, parks, places of employment, and
commercial areas. Ensure all new or improved collector and arterial streets are constructed with
sidewalks.
The subject property is in the northern part of the SWIR, adjacent to Oregon Highway 219 at the north
and Butteville Road NE on the west. The City TSP identifies Oregon Highway 219 as a Major Arterial,
Butteville Road NE as a Minor Arterial, and Woodland Avenue as an Access Street whose western
extension to intersect Butteville Roar[NE is shown as a proposed new facility. (See TSP Figure 7-1 in Exhibit
C.) Additionally,on-street bicycle lane improvements and sidewalks are required in the segment of State
Highway 219 adjacent to the subject property and in Butteville Road NE from Parr Road at the south to
Crosby Road at the north,and sidewalks are required in Woodland Avenue. (See TSP Figures 7-2,7-3 and
7-4 in Exhibit C.) The SWIR Master Plan designations of streets within the SWIR match and implement the
requirements of the TSP. In conjunction with (or following)annexation,development projects within the
SWIR are required to obtain approval through Design Review,allowing the City to evaluate traffic impacts
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and impose conditions of approval to ensure that the appropriate street improvements are constructed
in conjunction with development.
The application complies with this goal/policy.
Goal H-2. Develop a street system that will handle projected year 2020 traffic demands in the
Woodburn area, and interconnects residential areas with employment centers, schools, parks,
churches,and regional transportation facilities.
Policy H-2.1 Develop an updated roadway functional classification plan for the Woodburn area that
reflects the desired function of different roadways,and is consistent with current federal guidelines for
the designation of major streets in an urban area.
Policy H-2.2 Develop a strategy for improving Oregon 219/214, 21.1, and 99E through Woodburn,
including added travel lanes,signalization,and access management.
Policy H-2.3 Identify new east-west and north-south collector/minor arterial streets within the City
to relieve traffic demands on Oregon 219/214, 211, and 99E and coordinate with Marion County to
construct the street connections needed outside of the urban growth boundary(CEGB).
Policy H-2.4 Develop updated street design standards for arterials,collectors,and local streets
Policy H-2.5 Identify a final strategy for paving currently unimproved streets in the City.
Policy H-2.6 identify the need for additional public parking provisions in Woodburn,including park-
and-ride facilities,as well as a plan to support increased carpooling and transit use in the future.
Policy H-2.7 Develop a capital improvement program that fulfills the transportation goals
established by the community.
The above policies are implemented by the City adopted Transportation System Plan (TSP), In the SWIR
area, the TSP provides specific roadway type designations for Highway 219, Butteville Road NE and
Woodland Avenue. The TSP also provides corresponding design section diagrams and specifications,
including the required numbers of lanes, widths of pavement, striping, landscape strips, sidewalks, and
other features of the different roadway types. The companion SWIR Master Plan with this annexation
request incorporates all of the TSP standards and requirements for roadways and access in the SWIR.
Additionally, the Applicant's Traffic Impact Report identifies the roadway improvements necessary to
meet the access and circulation needs of the initial proposed phase of development, as well as future
circulation needs as more industrial development and activity occur in the SWIR over time. For these
reasons,the Applicant has demonstrated that annexation of the subject property and master planning as
proposed at this time will be consistent with the above goal and corresponding policies.
The application complies with this goal/policy.
Goal H-3. Develop transportation improvements that address overall traffic safety in the Woodburn
area.
Policy H-3.1 Develop access management strategies for Oregon 219/214, 211, and 99E through
Woodburn, particularly focusing on the section of Oregon 214 between Interstate 5 (1-5) and Cascade
Drive,and Oregon 99E south of Lincoln Avenue.
Policy H-3.2 Develop a plan for improving pedestrian and bicycle safety for travel to and from local
schools,commercial areas,and major activity centers.
Policy H-3.3 Identify street and railroad crossings in need of improvement,as well as those that should
be closed or relocated.
Policy H-3.4 Develop a plan for designated truck routes through the City and a plan to handle truck and
rail hazardous cargoes.
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The above policies are implemented by the City adopted Transportation System Plan (TSP). As discussed
above, in the SWIR area,the TSP provides specific roadway type designations for Highway 219, Butteville
Road NE and Woodland Avenue, with design sections and other specifications for their future
construction. The SWIR Master Plan that accompanies this annexation application incorporates the
applicable requirements of the TSP, such as bicycle and pedestrian facility corridors, street/intersection
alignments, and access spacing to provide for safety and satisfactory operational characteristics.
Annexation and development consistent with the SWIR Master Plan will further this goal and
corresponding policies.
The application complies with this goal/policy.
Goal H-4. Develop a set of reliable funding sources that can be applied to fund future
transportation improvements in the Woodburn area.
Policy 1-1=4.1 Evaluate the feasibility of the full range of funding mechanisms for transportation
improvements.
Policy H-4.2 Evaluate the feasibility of instituting an added City gas tax for transportation
improvements.
Policy H-4.3 Identify a traffic impact fee structure for new development in the Woodburn area to
fund transportation improvements.
This goal and policies concern capital funding mechanisms and are not applicable to the proposed
annexation and master plan review; however, industrial development will be required to pay applicable
fees and charges as well as construct improvements in adjacent roadways sufficient to meet access and
circulation needs. Additionally,the additional property improvements will produce propertytax revenues
to the City and other taxing districts on an ongoing basis following development.
Goal H-5. Develop amendments to City land use standards and ordinances to reduce travel
demand and promote use of modes of transportation other than the automobile.
Policy H-5.1 Identify a range of potential Transportation Demand Management (TDM) strategies
that can be used to improve the efficiency of the transportation system by shifting single-occupant
vehicle trips to other models and reducing automobile reliance at times of peak traffic volumes.
Policy H-5.2 identify revisions to the Woodburn Zoning Ordinance for compliance with the TPR.
This goal and policies concern strategies for reducing travel demand, and are not applicable to the
proposed annexation.
Goal H-6. Coordinate with Marion County in planning for a safe and efficient county-wide
transportation system by:
(a) Encouraging use of alternative modes of transportation including mass transit, bicycling,
walking and carpooling;and
(b) Addressing transportation needs appropriate to both urban and rural areas throughout the
county.
Policy H-6.1 Woodburn shall jointly plan with the county to meet the transportation needs in the
future.
(a) The Marion County Transportation System Plan (TSP) will be designed to accommodate the
forecast population, housing, and employment identified in the Framework Plan, except where
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modified by the Woodburn Economic Opportunities Analysis (EOA) and the acknowledged 7-005
Woodburn Comprehensive Plan.
(b) Woodburn supports Marion County efforts to investigate countywide alternative
transportation,such as inter-city transit,vanpooling,and passenger rail service serving the county and
the Willamette Valley region.
Policy H-6.2 Woodburn will implement plans as provided in the Woodburn TSP.
(a) Except where topographical conditions or existing development make this standard impractical,
new subdivisions and planned developments should have internal connectivity of at least 8 through
streets per mile (roughly every 660 feet) for new development, and sufficient collector and arterial
systems for local access.
(b) The TSP shall include a map depicting future street connections for areas to be urbanized.This
is especially important in Nodal Development Overlay and Southwest Industrial Reserve overlay areas.
(c) When feasible, the County will utilize standards in the Woodburn TSP and Woodburn
Development Ordinance for development that occurs on unincorporated lands within the Woodburn
Urban Growth Boundary.
Policy H-6.3 Woodburn will support Marion County efforts to provide transit connections within and
between cities.The Woodburn TSP shall include transportation plans for the Woodburn Transit System
that is consistent with the population and employment projections in the Woodburn Comprehensive
Plan and coordinated with the"preferred alternative"found in the County Framework Plan.
Policy H-6.4 Woodburn should provide for a complementary mix of land uses and transportation
systems by providing for mixed use development in the Downtown Development and Conservation
(DDC)and the Nodal Development Overlay(NDO)districts.
Policy H-6.5 Woodburn shall consider traffic calming of through traffic in neighborhoods.Woodburn
will coordinate with Marion County in making recommendations for methods and procedures for traffic
calming that directly affects a county road, developing recommended best practices for methods,
locations,and processes for traffic calming in both existing and new developments.
Policy H-6.6 Woodburn will coordinate with Marion County in planning for freight movement by
both rail and truck.
Policy H-6.7 The Woodburn TSP shall include measures to improve the walking and biking
environment by providing sidewalks in all new developments and by providing an interconnecting
system of pedestrian connections.Designing for a comfortable and practical pedestrian environment is
especially important in Downtown Woodburn and within the Nodal Development Overlay.
This goal and policies provide specific guidance for City preparation of its TSP (which has since been
adopted),and promote coordination with Marion County to achieve shared transportation management
goals. The Applicant will continue to work closely with City- and County staff in the design of roadway
improvements within the SWIR, consistent with the SWIR Master Plan and TSP requirements. For these
reasons, the proposed annexation and industrial development will contribute to creating a safe and
efficient multi-modal transportation system,consistent with this goal and its policies.
The application complies with this goal/policy.
Goal H-7. Coordinate with the Oregon Department of Transportation (ODOT) to maintain
highway and intersection capacity,safety and functionality by:
(a) Developing and adopting performance standards;and
(b) Prohibiting comprehensive plan amendments that do not meet adopted performance
standards.
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Policy H-7.1 The Woodburn TSP shall implement an interchange management plan within the UGB
based on potential and substantial adverse impacts to the 1-5 interchange.
(a) Peak hour trip generation estimates and numerical ceilings based on land uses permitted by the
2005 Woodburn Comprehensive Plan shall be determined for each designated subarea.
(b} The City wilLcoordinate.with ODOT-in-m.onitoring.trip.generation impacts for each designated
subarea,considering the cumulative impacts of existing and new development.
(c) Transportation impact studies shall be required for subdivisions and planned developments,
and for new commercial,industrial,public and multi-family residential development within designated
subareas.
(d) Comprehensive Plan amendments that exceed the trip generation ceiling for a designated
subarea shall be prohibited.
(e) Comprehensive Plan amendments from Industrial to Commercial shall be prohibited,regardless
of impact,within the SWIR Overlay.
(f) Woodburn shall provide ODOT with copies of transportation impart studies upon request,and
as part of the Periodic Review process.
(g) Woodburn shall coordinate with ODOT, DLCD and Marion County to address potential service
deficiencies affecting state highway facilities through the Periodic Review process.
Policy H-7.2 The City shall implement medium-term conservation measures to limit access to
Highways 214 and 219.Such measures shall include,but shall not be limited to:
(a) Limitations or prohibition on private access within a quarter of mile east and west of
interchange ramp terminals;
(b) Access controls on,public road approaches;and
(c) Raised medians from Woodland to Oregon Way along Highways 219 and 214.
This goal and policies provide specific guidance for City preparation of its TSP (which has since been
adopted), and promote coordination with the Oregon Department of Transportation (ODOT)to achieve
shared transportation management goals. The applicant will coordinate with City and County staff in the
design of ODOT highway improvements, access locations, and other transportation system elements
within the SWIR, consistent with the SWIR Master Pian and TSP requirements. For these reasons, the
proposed annexation and industrial development-will contribute to creating a safe and efficient multi-
modal transportation system,consistent with this goal and its policies. This annexation proposal includes
a proposal to designate the Subject property as Industrial with the SWIR Overlay on the Comprehensive
Plan Map, which is entirely consistent with all of the City planning for the 1-5 Interchange and the local
street system in the TSP,and therefore will not affect any trip generation ceiling.
The application complies with this goal/policy.
I.Public Facilities Goals and Policies
Goal 1-1. Public facilities and services shall be provided at levels necessary and suitable for
existing uses.The provision for future public facilities and services in these areas shall be based upon
approved master plans that consider: (1) the time required to provide the service, (2) reliability of
service,(3)financial cost,and(4)levels of service needed and desired.
Policy 1-1.1 Public Facilities and services shall be appropriate to support sufficient amounts of land
to maintain an adequate housing market in areas undergoing development or redevelopment.
Policy 1-1.2 The level of key facilities that can be provided should be considered as a principal factor
in planning for various densities and types of urban land uses.
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The companion SWIR Master Plan addresses system extension needs for water,sanitary sewer and storm
drainage services within the SWIR area. The subject property of the proposed annexation is located in
the northern part of the SWIR area, at the logical corridor location for making water and sewer system
connections to serve the SWIR land west of Interstate S.
Stormwater management facilities in conjunction with development will provide on-site water quality
treatment and detention prior to releasing drainage into public storm drain lines in public streets, if
required,as the City Engineer determines. Storm drainage from the subject property,including adjacent
public rights-of-way, will discharge to Senecal Creek, which flows to the north through the northwest
corner of the subject property. The submitted SWIR Master Plan demonstrates that annexation of the
subject property at this time is consistent with the goal of providing adequate public facilities. Extension
of such services in conjunction with industrial development of the subject property after annexation is
essential to serve future development in the western part of the SWIR area.
The application complies with this goal/policy.
Wastewater Goals and Policies
Goal 1-2. Develop a system that will comply with regulatory treatment requirements of the Clean
Water Act for anticipated wastewater flows and reduce the amount of pollutants that are released to
the environment.
Policy 1-2.1 Develop a plan to treat the City's wastewater flows that ensures desired efficient
quality is maintained under all flow conditions.
Policy 1-2.2 Develop a plan for a collection system that has the capacity to convey the wastewater
flows generated.
Policy 1-2.3 Develop a maintenance plan that ensures the wastewater treatment system maintains
a high degree of reliability throughout its design lifetime.
Policy 1-2.4 Develop an active inflow/infiltration(1/1)program that will reduce the levels of 1/I flows
to the treatment facility.
Policy 1-2.5 Develop a system to monitor and regulate the flows from industrial customers whose
wastewater is treated by the City.
The submitted SWIR Master Plan identifies corridors for sanitary sewer trunk lines suitable for providing
service to all of the land in the SWIR within the UGB. (See SWIR Master Plan Figure 6.) Additionally,SWIR
Master Plan Figure 7 provides a Sanitary Profile to demonstrate the feasibility of extending a gravity public
sewer line in Butteviile Road NE to a point south of the annexation subject property,capable of serving
all of the SWIR properties on the west side of Interstate 5. Following annexation, development of the
subject property will be required to include sewer extension construction along the property's frontages.
As a result,the proposed annexation contributes to this goal and its policies.
The application complies with this goal/policy.
Goal 1-3. Develop a plan that will economically provide for the treatment of wastewater
generated by the City's sewer customers accounting for projected growth through the year 2020.
Policy 1-3.1 Project the wastewater treatment needs of the City through 2020 and provide the land,
financial resources and infrastructure to meet those projected demands.
Policy 1-3.2 Develop a facility master plan to meet the requirements of the Clean Water Act and any
other regulatory requirements for the projected system demands.
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Policy 1-3.3 Regularly update the pian to guide the City efficiently through anticipated growth to
comply with any changed regulatory requirements and evaluate if existing plans are satisfactory.
Policy 1-3.4 Evaluate the feasibility of the full range of funding options for wastewater system
improvements to fairly distribute costs and regularly evaluate the adequacy of established fees and
charges..
Policy 1-3.5 Evaluate the potential impacts of water conservation programs that mitigate some of
the increased demands associated with projected future growth.
Policy 1-3.6 The City shall acquire additional land for a poplar tree plantation for tertiary treatment
of waste sludge,as needed to accommodate future growth.
As discussed above,the City of Woodburn has planned for industrial development and uses in the SWIR
area since 2004. Staff had advised the applicant that, for industrial uses other than those with
exceptionally high sanitary sewer discharge rates,the City sanitary sewer system has sufficient capacity
to accommodate additional flows from typical industrial development and use in the SWIR area. The
submitted SWIR Master Plan identifies how sanitary sewer service lines should be installed to serve all
existing parcels of land in the 190-acre area within the UGB identified for SWIR designation. For those
reasons,annexation of the subject property at this time is consistent with this goal and its policies.
The application complies with this goal/policy.
Domestic Water Goals and Policies
Coal 1-4. Develop a system that will provide the water system's customers with safe drinking
water that meets quality expectations in sufficient quantity to meet the demand.
Policy 1-4.1 Develop a plan to treat the City's water supply to reduce elevated levels of iron and
manganese,which provide undesirable aesthetic effects.
Policy 1-4.2 Develop a plan to monitor and react to changing regulatory requirements to ensure that
the City is able to supply water that complies with all provisions of the Safe Drinking Water Act.
Policy 1-4.3 Develop a supply and distribution system that provides for reliable fire protection.
Policy 1-4.4 Develop a Wellhead Protection Program for the City that will serve to provide the
greatest practical protection for the groundwater resources that provide the City's drinking water
supply.
Goal 1-5. To economically provide safe, plentiful drinking water to the City's water system
customers accounting for projected growth through the year 2020 in accordance with the City of
Woodburn Water Master Plan.
Policy 1-5.1 Project the water needs of the system through 2020 and provide the resources and
infrastructure to meet these projected demands. Monitor the status of water rights granted the City.
Policy 1-5.2 Develop a facility master plan to meet the water quality goals and requirements,water
system distribution needs,desired water storage capacities and future water supply projections.
Policy 1-5.3 Regularly update the plan to guide the City efficiently through anticipated growth to
comply with regulatory requirements, identify additional sources, determine treatment options and
evaluate service quality.
Policy 1-5.4 Evaluate the feasibility of the full range of funding options for water system
improvements to fairly distribute costs and regularly evaluate the adequacy of established fees and
charges.
Policy 1-5.5 Evaluate and monitor alternative sources that may be utilized if contamination or other
situations make the existing source unusable and explore opportunities for regional cooperation in
water supply.
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Policy 1-5.6 Evaluate potential impacts of water conservation programs to mitigate some of the
increased demands associated with projected future growth.
As discussed above, the City of Woodburn has planned for industrial development and uses in the
identified SWIR area since 2004. Staff had advised the applicant that,for industrial uses other than those
with exceptionally high water consumption rates, the City water system has sufficient capacity to
accommodate additional flows from typical industrial development and use in the SWIR area. The
submitted SWIR Master Plan identifies how water service lines should be installed to serve all existing
parcels of land in the 190-acre area within the UGB identified as SWIR. For those reasons, annexation of
the subject property at this time is consistent with these goals and corresponding policies.
The application complies with this goal/policy.
J. Natural and Cultural Resources Goals and Policies
Goal J-1. It is the City's goal to preserve the Mill Creek and Seneca[ Creek riparian system,
including floodplains, riparian areas and locally significant wetlands. Woodburn is also committed to
protecting fish and wildlife habitat and natural vegetation associated with this riparian system, as
shown on the Buildable Lands Map.
Goal J-2. It is the City's goal to preserve its unique and historically significant cultural and
historical resources.
Goal J-3. It is the City's goal to preserve its air,water and land resources in such a way that the
clean air the citizens now enjoy will continue in the future,the good quality and sufficient quantity of
water which is now obtained from underground supplies will continue, and that the land resources
within the City will be used in such a manner as to ensure that they will remain useful to future
generations.
Goal J-4. Encourage and work with Marion County, affected state agencies and private
landowners to protect water resources in and around the Woodburn UGB by requiring buffer zones to
protect streams,floodplains,and significant wildlife areas from the negative effects of development.
Policy J-1.1 Trees within designated floodplains and riparian corridors shall be preserved.Outside
of designated floodplains and riparian corridors,developers should be required to leave standing trees
in developments where feasible.
Senecal Creek crosses Butteville Road NE at a point north of Stafney Lane NE,flows northeasterly through
the northwestern corner of the subject property, and leaves the property by crossing the Highway 219
bridge a short distance east of the Highway 219-Butteville Road NE intersection. The City TSP requires
widening and improvements in Butteville Road NE,and extension of Woodland Avenue west to intersect
Butteville Road NE,which will affect the western bank of the segment of Senecal Creek within the subject
property and adjacent wetlands.
The applicant retained Pacific Habitat Services(PHS)to(1)perform field inventories and delineate feature
boundaries such as the stream top of bank,wetlands, and buffers required by the City Riparian Corridor
and Wetlands Overlay District(RCWOD);(2)provide reports and recommendations with respectto natural
resources impacts and appropriate mitigation strategies; and (3) prepare and submit applications to
regulatory agencies, including the U.S. Army Corps of Engineers (USACE), Oregon Department of State
Lands(DSL),and other agencies as appropriate,for permits to construct improvements in Butteville Road
NE and Woodland Avenue as required by the City TSP.
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In the remainder of the Senecal Creek corridor, including wetland areas along its eastern bank, the
Applicant proposes to limit industrial development to points outside the RCWOD boundary to avoid
injuring or killing trees and damaging vegetation within the stream corridor, consistent with the above
policies as well as RCWOD regulations. The SWIR Master Plan reflects these boundaries(See SWIR Master
Plan Figure 5), and compliance can be assured through Design Review. For the above reasons, the
proposed annexation is consistent with the above resource conservation policies.
The application complies with this goal/policy.
Policy J-1.2 New development within the 100-year floodplain shall be prohibited unless no
reasonable economic use can be made of a particular parcel of land.Floodplains should be set aside for
City green ways and left in a natural state as much as possible. This would prevent building in the
floodplain and provide a natural greenway throughout the City.In cases where limited development is
allowed within a floodplain,the flood storage capacity of land within the floodplain shall be maintained
through balanced cuts and fills.
Because Federal Emergency Management Agency (FEMA) flood hazard mapping does not extend along
Senecal Creek south of Highway 219, the applicant has retained a professional hydraulic engineering
consultant(Roger Sutherland,Cascade Water Resources,LLC)to prepare a study and determine the water
surface elevation and area extent corresponding to a"100-Year"flood along the segment of Senecal Creek
within the SWIR, between Butteville Road NE and Highway 219. (See Exhibit E.) The study assumes
industrial development of SWIR-designated properties within the UGB in estimating future flood
elevations.
Importantly, the SWIR Master Plan and the applicant's site planning limit industrial development to
locations beyond the top of bank of the Senecal Creek corridor, which is entirely outside the calculated
flood hazard zone based on the referenced floodplain study. Therefore, the proposed annexation is
consistent with this policy.
The application complies with this goal/policy.
Policy J-1.3 Woodburn will work with Marion County,watershed groups,and affected agencies to
protect environmentally sensitive areas critical to watershed health as mapped on the Woodburn
Buildable Lands Inventory. Natural and scenic areas associated with Woodburn's riparian systems shall
be preserved through the City's Riparian Corridor and Wetland Overlay(RCWO)District.
Policy#-1.4 Woodburn has used the Division of State Lands (DSL) standards to identify locally
significant wetlands.Locally-significant wetlands and buffers are protected by RCWO District standards.
Policy J-1.5 The RCWO District is based on the"safe harbor"provisions of the Goat 5 administrative
rule (OAR Chapter 660, Division 23) and shall allow for planned public facilities necessary to support
urban development on nearby buildable lands.The basic provisions of the RCWO District are as follows:
(a) Except for planned public facilities and streets and riparian restoration and enhancement
projects,new development is prohibited within floodplains and riparian corridors.
(b) The riparian corridor width shall be 50 feet from the top-of-bank or edge of an associated
wetland.These standards require preservation of native vegetation within the 50-font buffer area.
(c) In cases where no reasonable use of a parcel within the RCWO District is allowed by strict
application of district standards,variances may be approved with mitigation.
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The companion SWIR Master Plan and agency permitting efforts by the Applicant are designed to protect
and conserve the environmentally sensitive area along the Seneca[Creek corridor,including not allowing
development in flood hazard areas, while satisfying competing Comprehensive Plan goals such as the
transportation system requirements in the TSP and economic development.The proposed annexation is
consistent with these policies.
The application complies with this goal/policy.
Policy J-1.6 The City shall adhere to the standards set forth by the department of Environmental
Quality and the Environmental Protection Agency for air quality and emissions control.In addition,the
City should adopt and enforce its own standards above and beyond DEQ's,if it is deemed necessary to
protect its citizens from local polluters.
Following annexation, industrial development and use of the subject property will be required to comply
with these environmental controls. The proposed annexation has no significant effect on this policy.
The application complies with this goal/policy.
Policy J-1.7 The primary noise sources within the community are generated by traffic on Interstate
5, Pacific Highway 99E, the Railroad, and two industrial sources: North Valley Seeds and Woodburn
Fertilizer Company.Noise generated by these sources fall under the jurisdictional responsibilities of the
Department of Environmental Quality.Also,any noise pollution sources associated with manufacturing
or food processing in the community are regulated by DEQ. The City shall assist DEQ in the review of
development permits to assure that State noise standards are met.
Following annexation,industrial development and use of the subject property will be required to comply
with noise controls as the Oregon Department of Environmental Quality(DEQ)and the City establish. The
proposed annexation has no significant effect on this policy.
The application complies with this goal/policy.
Policy J-1.8 The City of Woodburn shall coordinate its efforts in resolving solid waste disposal
problems with Marion County.
The proposed annexation has no significant effect on this policy, which calls for a direct City-County
coordination effort.
The application complies with this goal/policy.
Policy J-1.9 It is the policy of the City to protect the aquifers that supply Woodburn's domestic water
by reasonable means.The City will work with Marion County to promote and target restoration efforts
to critical groundwater areas and develop water management approaches such as monitoring and
evaluation programs based on collaborative actions.
The proposed annexation has no significant effect on this policy, which calls for a direct City-County
coordination effort. Notably, however, the SWIR area is not located within a designated critical
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groundwater area, and the City has designated it (with County coordination) for large-scale industrial
development.
The application complies with this goal/policy.
Policy J-7..10 For surface water regulations, it is City policy to support the Department of
Environmental Quality in enforcement of water quality standards on Mill Creek, Senecal Creek and
Pudding River.
As noted above,development of sites within the SWIR will provide on-site stormwater management(e.g.,
detention and quality treatment) prior to discharging into the public storm drain system, as required by
the City Engineer. The SWIR area west of Interstate 5, including the annexation subject property, drains
naturally to Senecal Creek. The proposed annexation is consistent with this policy.
The application complies with this goal/policy.
Policy J-1.11. The policy for land use in the City is to use land in such a manner that the particular
qualities of riparian systems and wetlands are enhanced by the development that occurs there. land
use in buildable areas should be maximized so that valuable riparian areas and wetlands are not wasted.
As noted above,the applicant has retained Pacific Habitat Services(PHS)to inventory and assess resources
within the subject property, and to prepare impact mitigation plans and agency permit requests as
necessary to support construction of improvements. Impacts on stream and wetland resources are
limited to encroachments by public roadways,which are necessary to implement the City TSP,generally
on the western bank of Senecal Creek. On the eastern bank of Senecal Creek,the applicant proposes to
locate development outside the edge of the RCWOD to conserve its resource values and functions.
The application complies with this goal/policy.
Policy J-1.12 Such uses as landfills, junkyards or industrial burial grounds should not be allowed
within the City limits as such uses are wasteful of urban land and are not compatible with urban uses.
The City SWIR Overlay designation and zoning, proposed to apply immediately upon annexation, do not
allow such uses. Therefore,annexation of the subject property is consistent with this policy.
The application complies with this goal/policy.
L.Parks and Recreation—Open Space/Parks Goals and Policies
Goal l-1. The Woodburn Parks and Recreation Comprehensive Plan shall establish a framework
for land acquisition and future park improvements within the community. It is the goal of the City to
provide adequate parks, recreation facilities, and open space to maintain Woodburn's livability and
managed growth, and to provide social,economic and environmental benefits to individuals, families
and the community.
Goal l-2. Downtown Woodburn should remain a centerpiece of activity,culture,and commerce
within the City. Library Park, the Downtown Plaza, Woodburn Aquatic Center, Settlemier Park, the
Woodburn World's Berry Center Museum; and Locomotive Park should be used as catalysts for
downtown revitalization.
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Policy L-1.1 The City will ensure that sufficient land is made available for parks and open spaces by
adopting the system of facility types and standards in the 1999 Parks and Recreation Comprehensive
Plan including: Mini-Parks; Neighborhood/School Parks; Community Parks; Municipal Parks;
Greenways, Open Space, Trails and Pathways; and Cultural Resources and/or Special Use
Parks/Facilities.
Policy L-1.2 The City will ensure the most efficient and effective means of providing sufficient land
for neighborhood parks by adopting a neighborhood/school park concept including joint land
acquisition and development,thereby strengthening the existing partnership between the City and the
Woodburn School District.
Policy L-1.3 Where neighborhood/school parks are not feasible,it is the policy of the City to acquire
neighborhood parks,when practicable,through the development review process.
Policy L-1.4 As a supplement to the City's neighborhood parks, required nodal master plans shall
include provision for adequate park and recreational facilities.
Policy L-1.5 It is the policy of the City to manage Mill Creek,Goose Creek and Senecal Creek corridors
as public greenways and pathways;multiple functions will include open space and habitat preservation,
flood control, cycling and walking on all-weather pathways, nature recreation and education, and
limited playground activities where there is a deficiency of neighborhood parks.
Policy L-1.6 To provide for a continuous public greenway and pathway system,it is the policy of the
City to acquire privately-owned segments along Mill Creek,Goose Creek,and Senecal Creek and other
stream corridors including the west tributary from Settlemier Park to Parr Road. It is the policy of the
City to seek dedication of floodplains and creek corridors for natural areas, neighborhood recreation
areas,open space and transportation.
Policy L-1.7 To ensure adequate maintenance of the City's parks, recreation, and open space
facilities,the City will prepare comprehensive management plans including maintenance management
standards for each facility.
Policy L-1.8 It is the policy of the City to require multi-family housing projects which exceed four(4)
units to provide basic neighborhood park and playground facilities, based on development standards
of the Recreation and Parks Department.
Policy L-1.9 Because recreation participation preferences and interests vary among employment,
ethnic,social, and cultural groups,it is the policy of the City to exercise special sensitivity in selecting
the types of recreation programs it offers,and in the design and management of parks,recreation and
open space.
The SWIR area differs from other parts of the city in being devoted primarily, if not exclusively, to
accommodating large-scale industrial uses. Unlike the planning requirements for master planning in the
City designated nodal development areas, the SWIR Master Plan is not required to contain a park-and-
recreational-facilities component. Because land in the SWIR appears to be of low priority for use as parks,
the proposed annexation should have no significant effect on compliance with Parks and Recreation —
Open Space/Parks Policies L-1.1, L-1.2, L-1.3, L-1.4, L-1.7, L-1.8 and L-1.9. Policies L-1.5 and L-1.6 refer to
Senecal Creek among several creek/drainageway corridors suitable for the creation of pedestrian/bike
pathways providing access to nature recreation and education, and for acquisition of floodplains and
creek corridors for use as natural areas, neighborhood recreation areas, open space and transportation.
As noted above,the SWIR Master Plan identifies the boundary of the 50-foot required wetland buffer on
the east side ofthe Senecal Creek corridor,with industrial development to be located farther east,outside
the buffer. Following annexation, Design Review for proposed development of the part of the property
north of Woodland Avenue (as it will be extended to intersect Butteville Road NE) can include
consideration of the potential to incorporate this segment of Senecal Creek into the City system of parks
and recreation facilities,such as by creating an open space tract or easement, routing a pedestrian path
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along the Senecal Creek corridor, or by other means. Therefore, the proposed annexation is consistent
with, and will contribute positively to, implementation of Policies L-1.5 and L-1.6. From an impact
standpoint, requirements that would compel the Applicant to dedicate open space, construct a path, or
take other specific actions or incur costs should be deferred until Design Review for construction of the
abutting property(i.e., north of extended Woodland Avenue, adjacent to Senecal Creek) is proposed, so
findings regarding impacts, nexus and rough proportionality can be incorporated in the decision-making.
The application complies with this goal/policy.
2. Territory to be annexed shall be contiguous to the City and shall either:
a. Link to planned public facilities with adequate capacity to serve existing and future
development of the property as indicated by the Woodburn Comprehensive Plan;or
b. Guarantee that public facilities have adequate capacity to serve existing and future
development of the property.
On lune 13, 1983 by Ordinance No. 1820, the City annexed territory adjacent to the southern
approximately 1,700 feet of the subject property eastern boundary. Therefore, the subject property is
contiguous to the City. The Applicant's Annexation petition and submittal materials include a Certification
letter from the City Engineer indicating that City systems have adequate treatment capacities for water
and sewer services. The SWIR Master Plan submitted with this annexation request shows how linkages
and extensions of public facilities will be installed to serve its development and use as indicated by the
Woodburn Comprehensive Plan,as required by subsection A. These approval criteria are satisfied.
The application complies with this goal/policy.
3. Annexations shall show a demonstrated community need for additional territory and
development based on the following considerations:
a. Lands designated for residential and community uses should demonstrate substantial
conformance to the following:[detailed provisions omitted for brevity]
Subsection 3.a is not applicable because the subject property to be annexed is designated for industrial
use,and not for residential or community uses.
b. Lands designated for commercial, industrial and other uses should demonstrate substantial
conformance to the following criteria:
1) The proposed use of the territory to be annexed shall be for industrial or other uses providing
employment opportunities;
The application complies with this goal/policy.
The subject property is at the north end of the identified SWIR area, at the logical location for extending
transportation and utility facilities to serve all identified SWIR Subareas located west of Interstate 5. The
City intends to use land in the identified SWIR area specifically to promote industrial uses and employment
opportunities. Therefore,the proposed annexation satisfies this criterion.
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2) The proposed industrial or commercial use of the territory does not require the expansion of
infrastructure, additional service capacity,or incentives that are in excess of the costs normally borne
by the community for development;
The Applicant has prepared and submitted a SWIR Master Plan to guide infrastructure development
within the identified SWIR area inside the UGB. The SWIR Master Plan demonstrates that road extensions
and widening consistent with designations in the TSP, extensions of water and sewer services, and
construction of stormwater management facilities within the SWIR area can occur in an orderly way in
conjunction with site-by-site development. That is specifically the case with respect to the subject
property, development of which will provide corridor connections for transportation, water and sewer
services in the Woodland Avenue right-of-way as it will be extended west from its existing stub to
ultimately intersect the Butteville Road NE right-of-way. Because these infrastructure elements can be
constructed on a frontage-by-frontage basis by developers extending them adjacent to sites as they are
developed, it will not be necessary for the community to incur unusual costs, such as to extend services
to reach an isolated site, or to provide special incentives to facilitate development. The proposed
annexation satisfies this criterion.
The application complies with this goal/policy.
3) The proposed industrial or commercial use of the territory provides an economic opportunity
for the City to diversify its economy.
The roughly 108-acre subject property has significant potential to attract large-scale industrial users
seeking locations with excellent access to Interstate 5, consistent with goals identifies in the July 2016
Woodburn Target Industries Analysis (WTIA) (See Exhibit 1=). Because such sites are scarce in the region,
annexation will set the stage for significant opportunities to grow and diversify the economy of the city.
This criterion is satisfied.
The application complies with this goal/policy.
D.Procedures:
1. An annexation may be initiated by petition based on the written consent of:
a. The owners of more than half of the territory proposed for annexation and more than half of
the resident electors within the territory proposed to be annexed;or
b. One hundred percent of the owners and fifty percent of the electors within.the territory
proposed to be annexed;or
C. A lesser number of property owners.
This annexation request is submitted by the sole owner of the property, a single parcel containing 107.8
acres, representing a 100% ownership share. There is no residence on the subject property and no
registered electors.
The application complies with this goal/policy.
2. If an annexation is initiated by property owners of less than half of property to be annexed,
after holding a public hearing and if the City Council approves the proposed annexation,the City Council
shall calf for an election within the territory to be annexed. Otherwise no election on a proposed
annexation is required.
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This annexation request is submitted by the sole (100%x) owner of the property, at which there is no
residence and no registered electors...Therefore, no election within the territory is required.
The applicatio.n.complieswith_this.goal/policy._ ...
3. The City may initiate annexation of an island(ORS 222.750),with or without the consent of the
property owners or the resident electors. An island is an unincorporated territory surrounded by the
boundaries of the City. Initiation of such an action is at the discretion of the City Council.
This provision is not applicable because this request is an owner-initiated annexation. Notably,the subject
property is not an island of unincorporated territory surrounded by the boundaries of the City.
E. Zoning Designation for Annexed Property: All land annexed to the City shall be designated
consistent with the Woodburn Comprehensive Plain,unless an application to re-designate the property
is approved as part of the annexation process.
This consolidated application package includes the applicant's request for Comprehensive Plan Map
designation as Industrial/SWIR Overlay and zoning designation of the property as SWIR, consistent with
the intent of the UGB Amendment, Woodburn Comprehensive Plan Amendment and Urban Growth
Coordination Agreement adopted by City of Woodburn Ordinance No. 2530/Marion County Council Bill
No. 2992 on December 14,2015. This requirement is met.
The application complies with this goal/policy.
F. The timing of public improvements is as follows:
1. Street dedication is required upon annexation.
The property abuts State Highway 219 at the north and Butteville Road NE at the west, and Woodland
Avenue terminates in a stub at the eastern property boundary. The existing rights-of-way are sufficient
to provide access to the property in its current undeveloped condition;however,additional improvements
will be required in conjunction with industrial development to meet projected levels of travel demand.
These improvements are specified both by the TSP and the proposed SWIR Master Plan that accompanies
this annexation request. Street improvements and dedications will be required by conditions of approval
in the Design Review process, if necessary to ensure that they are coordinated with developments.
Additionally, right-of-way dedications can then be completed based on as-built documentation as}cart of
City approval of public works construction and acceptance of the right-of-way dedications. Therefore,in
this specific context it is reasonable and preferable to defer dedication of rights-of-way until construction
of improvements and acceptance by the City Engineer has been largely completed.
The application complies with this goal/policy.
2. Dedication of public utility easements(PUE) is required upon annexation.
For reasons similar to those listed above regarding right-of-way dedication, dedication of public utility
easements can reasonably be deferred until later through Design Review and construction permits,
allowing more precise location of easements based on as-built documentation of actual locations of
facilities. Therefore, in this specific context it is reasonable and preferable to defer dedication of
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easements until construction of facilities improvements and acceptance by the City Engineer has been
largely completed.
The application complies with this goal/policy.
3. Street improvements are required upon development.
As discussed above for subsection F.1,street improvements consistent with the SWIR Master Plan can be
required through conditions of approval on development projects.
The application complies with this goal/policy.
4. Connection to the sanitary sewer system is required upon development or septic failure.
As discussed above for subsection F.1, extension of facilities consistent with the SWIR Master Plan and
connection to the sanitary sewer system can be required through conditions of approval on development
projects.
The application complies with this goal/policy.
5. Connection to the public water system is required upon development or well failure.
As discussed above for subsection F.1, extension of facilities consistent with the SWIR Master Plan and
connection to the public water system can be required through conditions of approval on development
projects.
The application complies with this goal/policy.
6. Connection to the public storm drain system is required upon development.
As discussed above for subsection F.1, extension of facilities consistent with the SWIR Master Plan and
connection to the public storm drain system can be required through conditions of approval on
development projects.
In addition to the above provision and approval criteria in the WDO, City instructions in the annexation
application packet include the following information requests(boldfaced):
7.Narrative demonstrating compliance with the criteria of the Woodburn Development Ordinance(one
copy.One electronic copy,preferably in Microsoft Word format,is requested but not required.)
a.Territory to be annexed shall be contiguous to the City of Woodburn and shall either:
i. Link to master plan public facilities with adequate capacity to serve development of the uses and
densities indicated by the Woodburn Comprehensive Plan;or
ii.Guarantee the facility linkages with adequate capacity,financed by the applicant.
This document provides findings of compliance with WDO requirements. The subject property is
contiguous to the City because approximately 1,700 feet of the its east property line abuts the present
city limits,and the accompanying SWIR Master Plan demonstrates how the appropriate links to sufficient
public facility systems will be achieved in the course of industrial development.
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The application complies with this goal/policy.
b.Annexations shall show a demonstrated community need for additional territory and development
based on the following considerations:
L Lands designated for residential and community uses should demonstrate substantial conformance
to:(a),(b),and(f)and at least one of(c),(d),or(e),as stated below.
ii. Lands designated for commercial, industrial and other uses should demonstrate substantial
conformance to:(c)(1)and either(g)or(h),as stated below.
(a)Infill.The territory to be annexed should be contiguous to the City on two or more sides;
(b) Residential Buildable Land Inventory.The territory to be annexed should not increase the inventory
of buildable land designated on the Comprehensive Plan as Low or High density Residential within the
City to more than a 5-year supply;
(c)Street Connectivity.It is feasible for development of the site to either:
(i) Complete or extend of the arterial/collector street pattern as depicted on the Woodburn
Transportation System Plan;or
The accompanying SWIR Master Plan provides a diagrammatic representation of the street network
needed to serve the SWIR area within the UGB,incorporating the hierarchy of roadway types designated
in the TSP. Construction of roadways will be keyed to development approvals through Design Review,so
that improvements sufficient to meet transportation needs will be constructed in conjunction with
development, including public street improvements along the frontages of development sites.
The application complies with this goal/policy.
(ii) Connect existing stub streets, or other discontinuous streets, with another public street. (NOT
APPLICABLE)
(d)Community Need.The proposed development in the area to be annexed fulfills a substantial unmet
community need, that has been identified by the City Council after a public hearing. Examples of
community needs include park space and conservation of significant natural or historic resources.(NOT
APPLICABLE)
(e)Reinforcement of Public Investment.The territory proposed for annexation should reflect the City's
goals for directing growth by using of public facility capacity that has been funded by the City's capital
improvement program;(NOT APPLICABLE)
(f) Local Employment.The proposed use of the territory to be annexed shall be for industrial or other
uses providing employment opportunities;
Annexation of the Subject property is specifically for the purpose of industrial development to provide
local employment opportunities,consistent with this approval criterion.
The application complies with this goal/policy.
(g) Reasonable Facility and Service Needs. The proposed industrial or commercial use of the territory
does not require the expansion of infrastructure, additional service capacity, or incentives that are in
excess of the costs normally born [sic] by the community for development; [or]
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EXHIBIT B
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The SWIR Master Plan indicates, in a series of thematic graphics, how transportation and utility systems
are to be extended in the course of private development to fully serve the SWIR area. While being scaled
appropriately to serve the industrial nature of the SWIR area, the proposed network of facilities is
consistent with system infrastructure construction and service capacity needs elsewhere in the
community,and therefore does not require exceptional expansion of infrastructure elements or capacity,
or incentives for development. The proposed annexation satisfies this criterion.
The application complies with this goal/policy.
(h) Economic Diversification. The proposed industrial or commercial use of the territory provides an
economic opportunity for the City to diversify its economy.
Annexation of the Subject property at this time will bring a significant tract of land for industrial
development into a ready state, giving the City substantial opportunities to attract large-scale industrial
employers seeking to locate facilities in the region. The proposed annexation contributes directly to this
objective.
OVERALL CONCLUSION
The City Council finds that based on the entire Record the application is consistent with all applicable code
criteria and that the burden of proof with respect to the requirements of the WDO and Comprehensive
Plan have been met.
Mahan: Analysis and Findings ANX 2017-04