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August 13, 2018 Agenda FIGLEY,MAYOR HRYN CITY OF W OO D B U R N JUAN SERRATOS,TCOUNCILOR WARD 1 LISA ELLSWORTH,COUNCILOR WARD II CITY COUNCIL AGENDA ROBERT CARNEY,COUNCILOR WARD III SHARON SCHAUB,COUNCILOR WARD IV FRANK LONERGAN,COUNCILOR WARD V AUGUST 13, 2018 - 7.00 P.M. ERIC MORRIS,COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS-270 MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. The City Council meeting scheduled for August 27, 2018 has been cancelled. The next Council meeting will take place September 10, 2018. B. City Hall, the Library and transit service will be closed September 3, 2018 in observance of Labor Day. The Aquatic Center will be open normal hours. Appointments: None. 4. COMMUNITY/GOVERNMENT ORGANIZATIONS None. 5. PROCLAMATIONS/PRESENTATIONS Proclamations: A. Nan Oatney Day 1 Presentations: None. 6. COMMUNICATIONS None. 7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980- 6318 at least 24 hours prior to this meeting. **Habrd int6rpretes disponibles para aquellas personas Clue no hablan Ingl6s, previo acuerdo. Comunfquese al (503) 980-2485.** August 13, 2018 Council Agenda Page i 8. CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be adopted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of July 23, 2018 2 Recommended Action: Approve the minutes. B. Liquor License/Change of Ownership Application for C&M Market 4 Recommended Action: The Woodburn City Council recommend that the OLCC approve the change of ownership of the C&M Market. C. Liquor License/Change of Ownership Application for EZ Stop Grocery 6 & Deli Recommended Action: The Woodburn City Council recommend that the OLCC approve the change of ownership of the EZ Stop Grocery & Deli. D. Building Activity for July 2018 8 Recommended Action: Receive the report. 9. TABLED BUSINESS None. 10. GENERAL BUSINESS-Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. A. Council Bill No. 3076 - An Ordinance Amending Woodburn 9 Development Ordinance (WDO) Sections 1.02, 2.02, 2.06, 2.07, and 4.01.05 to allow for accessory dwelling units and certain affordable housing projects (LA 2018-02) Recommended Action: Deliberate and consider adoption of the ordinance. B. PUBLIC HEARING 40 Annexation of Approximately 18 Acres of Territory Known as Brown Street Properties at 1490, 1550,& 1636 Brown St(ANX 2018- 01) C. Council Bill No. 3077-An Ordinance Annexing Approximately 18 57 Acres of Territory Known as Brown Street Properties into the City of Woodburn, Located at 1490, 1550,& 1636 Brown Street,Marion August 13, 2018 Council Agenda Page ii County, Oregon Recommended Action: Adopt the ordinance. D. Council Bill No. 3078- An Ordinance Approving a Zoning Map 69 Amendment on Approximately 18 Acres of Annexed Territory Known as Brown Street Properties, Located at 1490, 1550, & 1636 Brown Street,Marion County,Oregon as Residential Single Family (RS) Zoning District Recommended Action: Adopt the ordinance. E. Award a Contract for Administration of 457(b) and 401(a) 74 Deferred Compensation Retirement Plans and Associated Services Recommended Action: That the Woodburn City Council, acting in its capacity as the Local Contract Review Board, award a Contract for administration of 457(b) and 401 (a) deferred compensation retirement plans and associated services to ICMA-RC and authorize the City Administrator to sign the Agreement. F. Utility Assistance Program - Additional Funding 81 Recommended Action: Authorize the distribution of an additional $5,000 to Love INC of North Marion County (Love INC) for the continued administration of the City's utility assistance program. G. Municode Contract Award for Website Design Services 83 Recommended Action:That the Woodburn City Council, acting in its capacity as the Local Contract Review Board, award a contract for website design services to Municipal Code Corporation dba Municode and authorize the City Administrator to sign the Agreement. 11. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. None. 12. CITY ADMINISTRATOR'S REPORT 13. MAYOR AND COUNCIL REPORTS 14. EXECUTIVE SESSION To consult with counsel concerning the legal rights and duties August 13, 2018 Council Agenda Page iii of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660 (2)(h). To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (2)(f). 15. ADJOURNMENT August 13, 2018 Council Agenda Page iv PROCLAMATION NAN OATNEY DAY August 14, 2018 WHEREAS, Nan Oatney has worked at Woodburn Safeway since August 14, 1978; WHEREAS, Nan I s smile, good humor and professional service have brightened the day for thousands of Woodburn shoppers for 40 years; WHEREAS, Nan has dealt with customers from the full spectrum of human nature, but continued to check out their groceries and thank them for their business, almost no matter what; WHEREAS, everyday chores like grocery shopping become special events when a familiar, friendly face like Nan's is part of the experience; WHEREAS, Nan is well known and well loved by the Woodburn community, and is truly a community asset; NOW THEREFORE, 1, Kathryn Figley, Mayor of the City of Woodburn, proclaim August 14, 2018, NAN OATNEY DAY We congratulate Nan on her 40 years of service and encourage our comm nity to express our thanks and congratulations! eiryn Figley, or City of Woodb COUNCIL MEETING MINUTES JULY 23, 2018 0:00 DATE CENTENNIAL PARK, 900 PARR RD NE, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 23, 2018 CONVENED The meeting convened at 5:49 p.m. with Mayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Carney Present Councilor Lonergan Present Councilor Schaub Absent Councilor Morris Absent Councilor Ellsworth Present Councilor Serratos Present Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Administrator Row, Community Development Director Kerr, Police Chief Ferraris, Public Works Director Liljequist, Deputy Police Chief Pilcher, Lieutenant Millican, Community Relations Manager Gutierrez-Gomez, City Recorder Pierson ANNOUNCEMENTS Mayor Figley announced that the Woodburn Fiesta Mexicana is taking place August 3-5 at Legion Park. PROCLAMATIONS National Night Out-Mayor Figley proclaimed Tuesday, August 7, 2018 as "National Night Out" in the City of Woodburn. Community Volunteers Day - Mayor Figley proclaimed July 23, 2018 to be Community Volunteers Day in the City of Woodburn. Fiesta Mexicana Month—Mayor Figley read a proclamation declaring the month of August 2018 to be Fiesta Mexicana Month. PRESENTATIONS Travel Oregon Heritage Award — Mayor Figley announced that the City of Woodburn received the Heritage Award from Travel Oregon for the Fiesta Mexicana. Woodburn Tourism Advisory Committee Recognition-Mayor Figley recognized and thanked the members of the Woodburn Tourism Advisory Committee for their work on the committee. Republic Services Recognition- Mayor Figley thanked Republic Services for all they do for the community. CONSENT AGENDA A. Woodburn City Council minutes of July 9, 2018, B. Appointment of Councilor Carney to the Marion County Public Safety Coordinating Council, C. Crime Statistics through June 2018. Lonergan/Ellsworth... adopt the Consent Agenda. The motion passed unanimously. Page 1 - Council Meeting Minutes, July 23, 2018 2 COUNCIL MEETING MINUTES JULY 23, 2018 ADJOURNMENT Ellsworth/Lonergan... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 6:01 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 2 - Council Meeting Minutes, July 23, 2018 3 �'I'1�r I Iii♦ r} B V' August 13, 2018 TO: Honorable Mayor and City Council through City Administrator THRU: James C. Ferraris, Chief of Police FROM: Martin Pilcher, Lieutenant SUBJECT: Liquor License/Change of Ownership Application RECOMMENDATION: The Woodburn City Council recommend that the OLCC approve the change of ownership of the C&M Market. BACKGROUND: Applicant: MYD International Inc. 936 N. Pacific Hwy. Woodburn, Oregon 97071 503 982-6000 Point of Contact: James Chong 5822 NW Simnasho Dr. Portland OR. 97229 503 209-9868 Business: C&M Market 936 N. Pacific Hwy. Woodburn, Oregon 97071 503 982-6000 Owners: James Chong, President Agenda Item Review: City Administrator City Attorney Finance 4 Honorable Mayor and City Council August 13, 2018 Page 2 License Type: Change of Ownership, Off-Premise Sales - Permits beer, wine, cider sales and liquor for off-site consumption only. On July 10, 2018, the Woodburn Police Department received a change of ownership application for an Off-Premise Sales liquor license for C&M Market. This is a currently licensed store selling food and beer. The C&M Market is located at 936 N. Pacific Hwy, Woodburn, Oregon 97071 . The hours of operation are from 8:00 A.M. to 10:00 P.M. Monday through Sunday, hours of operation will be less during Winter months. The market provides no entertainment nor does it have seating inside or outside. The Police Department has not received any communication from the public or surrounding businesses in support of or against the proposed change. DISCUSSION: The Police Department has completed a background investigation in connection with the OLCC on the applicants and found nothing of a questionable nature to preclude the issuance of this license. FINANCIAL IMPACT: None 5 �'I'1�r I Iii♦ r} B V' August 13, 2018 TO: Honorable Mayor and City Council through City Administrator THRU: James C. Ferraris, Chief of Police FROM: Martin Pilcher, Lieutenant SUBJECT: Liquor License/Change of Ownership Application RECOMMENDATION: The Woodburn City Council recommend that the OLCC approve the change of ownership of the EZ Stop Grocery & Deli. BACKGROUND: Applicant: Baaj Corporation 1 1 1 N. Front St Woodburn OR. 97071 503 981-9039 Point of Contact: Jaswinder Sandhu 9511 N E 102nd St. Vancouver, WA. 98662 360 51 3-1 931 Business: EZ Stop Grocery & Deli 1 1 1 N. Front St. Woodburn, Oregon 97071 503 981-19039 Owners: Jaswinder Sandhu, President Agenda Item Review: City Administrator_x City Attorney_x Finance—x- 6 Honorable Mayor and City Council August 13, 2018 Page 2 License Type: Change of Ownership, Off-Premise Sales - Permits beer, wine, cider sales and liquor for off-site consumption only. On July 9, 2018, the Woodburn Police Department received a change of ownership application for an Off-Premise Sales liquor license for Woodburn Liquor Store. This is a currently licensed store selling food and beer. The EZ Stop Grocery & Deli is located at 1 1 1 N. First St, Woodburn, Oregon 97071 . The hours of operation are from 7:00 A.M. to 10:00 P.M. Sunday, 6:00 A.M. to 10:00 P.M. Monday through Saturday. The market provides no entertainment nor does it have seating inside or outside. The Police Department has not received any communication from the public or surrounding businesses in support of or against the proposed change. DISCUSSION: The Police Department has completed a background investigation in connection with the OLCC on the applicants and found nothing of a questionable nature to preclude the issuance of this license. FINANCIAL IMPACT: None 7 CITY OF WOODBURN Community Development Department MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503)982-5246 Date: August 2, 2018 To: Chris Kerr, Community Development Department Director From: Ted Cuno, Building Division / 6 Subject: Building Activity for July 2018 _.... ......_ ...... ..... ......�......... . 2016 2017 2018 ......... No. Dollar Amount No Dollar Amount No. Dollar Amount _ _ ... _..._._.. Single-FamilyResidentialOmmmW $0..........._0 _ -µWWW $0 7mmmWWWW- $2,015,863µW Multi-Family Residential 5 $109,053 0 $0 0 $0 .......... ............ _._....... ......._......... .a Assisted Living Facilities 0 $0 0 $0 0 $0 Residential Adds &Alts 3 $118,855 2 $11,000 2 $9,560 Industrial 1 $10,000 3 $217,500 1 $18,350 Commercial 7 $641,829 5 $370,918 11 $16,003,561 _........ .. ... _.._. ...� _ Signs and Fences 0 $0 1 $25,000 0 0 Manufactured Homes 0 $0 0 $0 0 $0 ...... ............. ...... TOTALS 16 $879,737 11 $624,418 21 $18,047,334 fiscal Year to Date (July 1 – $879,737 $624,418 $18,047,334 June 39) —1 11 ............... :::--1.......... I:\Community Development\Building\Building Activity\B1dgAct-2018\B1dg Activity-Memos\memo-2018-7 July.doc 8 �'I'1�r I Iii♦ r} Y 9M& Its BU Pri,a�<;rrt rr rf aA'!R7 August 13, 2018 TO: Honorable Mayor and City Council through City Administrator FROM: Chris Kerr, Community Development Director SUBJECT: Legislative Amendments to the WDO related to SB 1051: including provisions for Accessory Dwelling Units ("ADU") as Special Uses under Section 2.07 (LA 2018-02) At the July 9, 2018 meeting, the Council closed the public hearing and requested staff to draft specific ordinance language adding a home-owner occupancy requirement for properties that have an accessory dwelling unit and to bring the item back for Council consideration. The Council was in general agreement with the Planning Commission's proposed criteria regulating ADU's, but had a specific concern about situations where both the primary dwelling and accessory dwelling could be occupied by renters. Based on the comments provided by the Council, Staff is recommending the following language be added to the Ordinance 2562 to address this concern: K. Owner Occupancy Requirement. The owner or an appointed immediate family member of the owner must occupy either the primary residence or accessory dwelling unit on the property as its principal legal residence, except for bona fide temporary absences. If the 'owner"is a legal entity or trust, the following persons shall be considered eligible owner-occupants under this section: (a) for a trust, the trustees and beneficiaries; (b) for a corporation, the corporate shareholders; (c) for a limited liability company, the members; and (d) for a partnership, the partners. If acceptable to the Council, this provision would be included as a new subsection K under the proposed WDO 2.07.20 Accessory Dwelling Units. Violations of this requirement would be subject to the enforcement provisions of the WDO. These measures include abatement requirements, potential civil infractions (fines), and/or revocation of the permit. Agenda Item Review: City Administrator_x_ City Attorney_x Finance_x- 9 Honorable Mayor and City Council August 13, 2018 Page 2 To assist with the enforcement of this restriction, Staff will require all applicants for an ADU to submit a certification of compliance that stipulates that they acknowledge and accept the owner-occupancy requirements. This will serve not only to inform potential applicants about the requirement, but will aid in enforcement actions by the City, should it be necessary in the future. This action is sometimes required for other development permits in the city with conditions of approval attached to them. I am including a revised Ordinance with the text revision described above for your consideration as an attachment. ATTACHMENTS: 1 . Revised Ordinance 10 COUNCIL BILL NO. 3076 ORDINANCE NO. 2562 AN ORDINANCE AMENDING WOODBURN DEVELOPMENT ORDINANCE (WDO) SECTIONS 1.02, 2.02, 2.06, 2.07, AND 4.01.05 TO ALLOW FOR ACCESSORY DWELLING UNITS AND CERTAIN AFFORDABLE HOUSING PROJECTS (LA 2018-02) WHEREAS, ORS 197.312 limits the City's authority to prohibit certain kinds of housing and requires that at least one accessory dwelling be allowed per detached single-family dwelling in every zone that allows detached single- family dwellings; and WHEREAS, the WDO was found to be inconsistent with the statute as it relates to accessory dwelling units and certain affordable housing projects; and WHEREAS, on September 25, 2017, the Council in conformance with WDO 4.01 .09A., initiated this amendment via Resolution No. 2102; and WHEREAS, on June 14, 2018, the Planning Commission in conformance with WDO 4.01 .0913. and 4.01 .1013. held a public hearing and recommended approval of this amendment; and WHEREAS, on July 9, 2018, the City Council held a public hearing, and after requesting additional information from staff, continued the hearing until August 13, 2018; and WHEREAS, on August 13, 2018, the City Council held a public hearing and requested this Ordinance effecting the amendment (LA 2018-02); NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. For purposes of this ordinance amendment, all new text is shown as underlined (i.e. new text) and all deleted text is shown as stricken (i.e. dAeIeto,A +o.,+). After this ordinance amendment is adopted, the Community Development director shall correct the WDO to incorporate all revisions contained herein. Section 2. The WDO is amended as specified in Exhibit A which is attached hereto and incorporated herein. Page - 1 - Council Bill No. 3076 Ordinance No. 2562 11 Section 3. The legislative action taken by the Ordinance is explained and justified by the findings and analysis in Exhibit B which is attached hereto and incorporated herein. Approved as to form: City Attorney Date Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page - 2 - Council Bill No. 3076 Ordinance No. 2562 12 EXHIBIT A 13 Woodburn Development Ordinance WDO Adopted by Ordinance 2313 on April 9, 2002 Acknowledged by December 22, 2006 Amended by Ordinance 2423 on July 28, 2007 Amended by Ordinance 2446 on September 8, 2008 Amended by Ordinance 2465 on March 24, 2010 Amended by Ordinance 2473 on December 13, 2010 Amended by Ordinance 2480 on September 26, 2011 Amended by Ordinance 2492 on September 10, 2012 Reenacted by Ordinance 2509 on August 12, 2013 Amended by Ordinance 2520 on July 28, 2014 Amended by Ordinance 2538 on September 26, 2016 Amended by Ordinance 2541 on November 14, 2016 Amended by Ordinance 2544 on January 9, 2017 y ae� ti r � DBU I n c o r p crated 1889 14 1.02 Definitions Dwellings: Accessory D��gHHng —A in nterk)ir, attached oir detached res�denfiifl StIl'UCtUIT thi)t ��S Use d in = I � : ��b111111ecfioin 4thl Or that uS accessory 1g, � Ingllg.fai'TI11y dgHiing� 2.02 Residential Zones (Tables 2.02B-F) Residential Single-Family (RS) - Site Development Standards Table 2.0213 Interior,flag or cul-de-sac lot 6,000' Lot Area, Minimum Single-family dwelling, child care (square feet) Corner lot facility or group home 2 8,000' Any other use 10,0001 Lot Width, Minimum Interior,flag or cul-de-sac lot 50 (feet) Corner lot 80 Lot Depth, Average Interior,flag or cul-de-sac lot 90 (feet) Corner lot 90 Interior or cul-de-sac lot 40 Street Frontage Single-family dwelling 40 Corner lot Minimum (feet) Any other use 50 Flag lot 20-24 I Residential Density, Minimum (units per net acre) 5.2 Front Setback and Setback Abutting a Street, Minimum (feet) 20 4,5,6 15 Residential Single-Family (RS) - Site Development Standards Table 2.0213 Side Setback, Primary structure 5 5-9 Minimum (feet) Accessory structure Same as primary structure 16 or less 24 7 Rear Setback, Primary Building more than 16 and 30 7 Average structure height (feet) less than 28 (feet) 28 or more 36 7 Accessory structure 5 Setback to a Private Access Easement, Minimum (feet) 5 16 Residential Single-Family (RS) - Site Development Standards Table 2.0213 Primary building height 16 feet or less 40 Lot Coverage, Primary building height greater than 16 feet 35 Maximum (percent) Accessory structure 25 of rear yard Primary Outside Gateway subarea 35 structure Gateway subarea 40 Building Height, Y Maximum (feet) Features not used for habitation 70 Accessory structure 15 1. Excluding easements for private streets or driveways (See Section 1.02, Lot area) 2. Child care facility for 12 or fewer children, group home for five or fewer persons 3. See Table 3.04A, Flag Lot Access Width 4. Measured from the Special Setback(Section 3.03.02), if any 5. Except for flag lots under the option that all setbacks are 12 feet 6. Infill lots between developed lots: average of abutting residential buildings, plus or minus 5 feet, but not less than 10 feet 7. With a maximum deviation of five feet from the setback standard 8. Accessory structures are included in the total lot coverage. AeeesseFy s4uwuet uu yrs a i e @ &() 4w44e. 9. A house of worship shall be set back at least 20 feet from a property line abutting a residential zone or use. �� III .�5..... ��u^a�.�abir �� u^Il 11 iiu� .��u�u�a� ��.pu:^ a�awull�.11.a^�� dab �.p�u^�ii�ii�...�'u^gra^Ilap.V�un�u^u��:.��u��'��u�'� �a".u^ u^��'ii..abu� �5.�� Il�u �I .... 17 Nodal Residential Single-Family(RSN) - Site Development Standards Table 2.02C Interior or cul-de-sac lot 6,0001 Single-family dwelling, child Lot Area, Standard lot care facility or group home 8,000 Minimum Corner lot 2 (square feet) Any other use 10,000 Interior or cul-de-sac lot 4,0001 Small lot and row house Corner lot 5,000 Interior or cul-de-sac lot 50 Standard lot Lot Width, Corner lot 80 Minimum (feet) Interior or cul-de-sac lot 30 Small lot and row house Corner lot 50 Lot Depth, Standard lot 90 Average (feet) Small lot and row house 80 Standard lot Residential Density, Minimum (units per net acre) 5.2 Small lot and row house Residential Density, Minimum (units per net acre) 7.9 Interior or cul-de-sac lot 40 Single-family dwelling, child Standard lot care facility or group home 40 Street Corner lot 2 Frontage, Any other use 50 Minimum (feet) Interior lot 40 Small lot and row house Corner lot 50 Cul-de-sac lot 30 Front Setback and Setback Abutting a Street, Minimum (feet) 20 3,4 18 Nodal Residential Single-Family(RSN) - Site Development Standards Table 2.02C Front Porch Setback, Maximum (feet) 10 Side Setback, Minimum (feet) 5'-s Rear Setback, Average Primary structure 20 or 0 5,7,10 (feet) Accessory structure 5 Setback to a Private Access Easement, Minimum (feet) 5 19 Nodal Residential Single-Family(RSN) - Site Development Standards Table 2.02C Primary building height 16 feet or less 409 Lot Coverage, Primary building height more than 16 feet 359 Maximum (percent) Accessory structure 25 of rear yard 6 9,-' Primary structure 35 Building Height, Features not used for habitation 70 Maximum (feet) Accessory structure 15,.!?,. 1. Flag lots are not allowed in the RSN zone. 2. Child care facility for 12 or fewer children, group home for five or fewer persons 3. Measured from the Special Setback(Section 3.03.02), if any 4. Infill lots between developed lots: average of abutting residential buildings, plus or minus 5 feet, but not less than 10 feet 5. With a maximum deviation of five feet from the setback standard 6. Accessory structures are included in the total lot coverage. AeeesseFy s4uw'u"et ull es"""'a 11 e @ll'&() 4w44'ed ue 25%°'Gia Ve age a f t"h°e F 4,."a ...%Wall4 7. A house of worship shall be set back at least 20 feet from a property line abutting a residential zone or use. 8. Row houses have a 0 foot side setback on interior lots 9. Lot coverage limitations determined by setbacks for small lot and row house development 10. Garages have a 20 ft or 0 ft setback 1.L... ��2ss()I'y D.du^Il llliui. � " � .11u:"�� a:b � " " "I..abp�un�a u1'... �;. i)IT u �awu„ " � �I�u7 ::.�u � �„a a Su ��.!Ia:bn 2,07, s pa �liifl.. 20 Retirement Community Single-Family Residential (111S) - Site Development Standards Table 2.02D Lot Area, Minimum (square feet) 3,600 1 Lot Width, Minimum (feet) 50 Lot Depth, Average (feet) Not specified Interior or corner lot 50 Street Frontage, Minimum (feet) Flag lot 24-3 0 2 Cul-de-sac lot 40 Front Setback and Setback Abutting a Street, Minimum (feet) 20 s Primary structure 56 Side Setback, Minimum (feet) Accessory structure 5 4 Rear Setback, Minimum Primary structure 56 (feet) Accessory structure 5 Setback to a Private Access Easement, Minimum (feet) 5 21 Retirement Community Single-Family Residential (111S) - Site Development Standards Table 2.02D Primary building height 14 feet or less 40 Lot Coverage, Maximum (percent) Primary building height more than 14 feet 35 Accessory structure 25 of rear yard 5-' Primary structure 35 Building Height, Maximum (feet) Features not used for habitation 70 Accessory structure 15' 1. Excluding easements for private streets or driveways (See Section 1.02, Lot area) 2. See Table 3.04A, Flag Lot Access Width 3. Measured from the Special Setback(Section 3.03.02), if any 4. Five feet if located in the rear yard 5. Accessory structures are included in the total lot coverage. Accessory structures are also limited to 25%coverage of the rear yard. 6. A house of worship shall be set back at least 20 feet from a property line abutting a residential zone or use. 7 cc4's.. m Qw6IIng...�lllllt:u alre SLRb.I4'Lj IQ... p4 LIIfiIc d4"v4'"IIDpII"f(14'"II1.... "4:.4 s4'��.I.. rill � � IoII"1 2,07, sp4'LIlrrd.... 22 Medium Density Residential (RM) - Site Development Standards Table 2.02E Single-family dwelling, Interior,flag or cul-de-sac lot 6,0001 child care facility or Lot Area, Minimum group home Corner lot 8,0002 (square feet) Duplex 8,000 Any other use Not specified s Lot Width, Minimum Interior,flag or cul-de-sac lot 50 (feet) Corner lot 80 Lot Depth, Average All lots 90 (feet) Street Frontage, Interior, corner or cul-de-sac lot 40 Minimum (feet) Flag lot 24-304 Duplex, Single-family dwelling 5.2 Minimum Any other use 12.8 Multiple-family dwelling 16 Residential Density (units per net acre) Child care facility, group care facility or 32' Maximum nursing home Manufactured dwelling park 12 Any other use Not specified 8 Front Setback and Setback Abutting a Street, Minimum (feet) 205,10 23 Medium Density Residential (RM) - Site Development Standards Table 2.02E Single-family dwelling, duplex, child care 5 2, 6,7 Primary facility or group home Side Setback, structure Minimum (feet) Any other use Same as rear Accessory structure Same as primary 16 or less 24 2,6 Single-family dwelling, Building more than 16 duplex, child care height 302,6 and less than 28 facility or group home (feet) 28 or more 36 2,6 16 or less 24 Primary Any other use except Rear Setback, structure Building Minimum (feet) nonresidential use height more than 16 30 abutting DDC, NNC, and less than 28 CG, IP, SWIR, or IL zone (feet) 28 or more 36 Nonresidential use abutting DDC, NNC, or CG zone 109 Nonresidential use abutting IP, SWIR, or IL zone 159 Accessory structure 5 Setback to a Private Access Easement, Minimum (feet) 5 Primary building height 16 40 Single-family dwelling, duplex, feet or less Lot Coverage, child care facility or group home h z Primary building height Maximum 35 (percent) more than 16 feet or less Any other use Not specified 8 Primary structure 35 Building Height, Features not used for habitation 70 Maximum (feet) Accessory structure 1511 1. Excluding easements for private streets or driveways (See Section 1.02, Lot area) 24 Medium Density Residential (RM) - Site Development Standards Table 2.02E 2. Child care facility for 12 or fewer children, group home for five or fewer persons 3. Child care facility for 13 or more children, group home for six or more persons 4. See Table 3.04A, Flag Lot Access Width 5. Measured from the Special Setback(Section 3.03.02), if any 6. Except for flag lots under the option that all setbacks are 12 feet 7. For row houses, there is no side setback along common lot lines. See table 2.02C for row house development standards 8. The minimum lot dimensions, maximum density, and maximum lot coverage are determined by setbacks, off-street parking, and landscaping requirements. 9. A house of worship shall be set back at least 20 feet from a property line abutting a residential zone or use. 10. Infill lots between developed lots: average of abutting residential buildings, plus or minus 5 feet, but not less than 10 feet 1.I...... Accessory P„ pIIIHing.iJu�uts ai e SLflb.Vpct to...sppd iic deveIl.�bporr pint standards (ape Section 2,07, Sppd.i ll. 25 Nodal Medium Density Residential (RMN) - Site Development Standards Table 2.02F Single-family dwelling, child Interior or cul-de-sac lot 4, 0001,2 care facility or group home Corner lot 5, 000 2 Interior lot 3, 000 1 Lot Area, Row house Corner or cul-de-sac lot 3,600 Minimum (square feet) Duplex 8 000 1 Multiple-family dwelling, child care facility, group home or 87,120 1,s nursing home Any other use Not specified' Interior or cul-de-sac Lot 45' Single-family dwelling, child care facility or group home Corner lot 60' Interior lot 20 Row house Lot Width, Corner or cul-de-sac lot 35 Minimum (feet) Duplex 80 Multiple-family dwelling, child care facility, group home or 200 s nursing home Any other use Not specified' Single-family dwelling, child care facility or group home or 80' row house Lot Depth, Duplex 90 Average (feet) Multiple-family dwelling, child care facility, group home or s 200 nursing home Any other use Not specified' Street Frontage, Interior lot 20 Minimum (feet) Corner lot 35 26 Nodal Medium Density Residential (RMN) - Site Development Standards Table 2.02F Single-family dwelling, child care facility, group home,or Cul-de-sac lot 30 multiple-family dwelling z Interior lot 20 Row house Corner or cul-de-sac lot 35 Duplex 80 Any other use 200 Single-family dwelling 7.9 Duplex or row houses 10 Minimum Multiple-family dwelling 19 Residential Any other use Not specified 7 Density(units Multiple-family dwelling 24 7 per net acre) Child care facility, group care facility or 32 3,7 Maximum nursing home Manufactured dwelling park 12 7 Any other use Not specified 7 Single-family dwelling, child care facility or group 20 2,4 home Front Setback Abutting an arterial street 20 4 and Setback Row house Abutting a Not abutting an arterial street 104 Street, Minimum (feet) Abutting commercial or industrial 20 4 zone, or collector or arterial street Any other use Not abutting commercial or industrial 4 10 zone, or collector or arterial street 27 Nodal Medium Density Residential (RMN) - Site Development Standards Table 2.02F Abutting an RS zone 10 plus 5 fo 4each story over 1 Row houses To front porch 10 Front Setback Abutting commercial or industrial s Duplex, multiple- Not specified and Setback family dwelling, zone, or collector or arterial street Abutting a Street, group home or Not abutting commercial or industrial s nursing home 15 Maximum (feet) zone, or collector or arterial street Any other use Not specified Single-family dwelling, child care facility or group 52 home Row house 15 5,9 Abutting RS, RM, or 16 or less 24 P/SP zone, or an Building more than 16 Side Setback, existing single- height 30 Minimum (feet) All family, duplex, or (feet) and less than 28 other multiple-family uses dwelling 28 or more 36 Abutting NNC, or CG zone 108 Abutting SWIR zone 15 Accessory structure Same as primary 16 or less 24 2,6 Single-family dwelling, Building child care facility or height more than 16 and 302,6 group home (feet) less than 28 Rear Setback, 28 or more 36 2,6 Minimum (feet) Row houses 20 or 011 Any other use Same as side Accessory structure 5 28 Nodal Medium Density Residential (RMN) - Site Development Standards Table 2.02F Setback to a Private Access Easement, Minimum (feet) 5 Single-family Primary building height 16 feet or less 40' Lot Coverage, dwelling, child care facility or Primary building height more than 16 feet 35 z Maximum group home or less (percent) Any other use Not specified 7,'0 Primary structure 45 Building Height, Features not used for habitation 70 Maximum (feet) Accessory structure 151^' 1. Flag lots are not allowed in the RMN zone. 2. Child care facility for 12 or fewer children, group home for five or fewer persons 3. Child care facility for 13 or more children, group home for six or more persons 4. Measured from the Special Setback(Section 3.03.02), if any 5. For row houses, there is no side setback along common lot lines. 6. With a maximum deviation of five feet from the setback standard 7. The minimum lot dimensions, maximum density, and maximum lot coverage are determined by setbacks, off-street parking, and landscaping requirements. 8. A house of worship shall be set back at least 20 feet from a property line abutting a residential zone or use. 9. Row houses have a 0 foot side setback on interior lots 10. Lot coverage limitations determined by setbacks for small lot and row house development 11. Garages have a 20 ft or 0 ft setback 1: ...PYPIlliIn �.) llltSrri)I SL.R.��4 �� 4�I..�I� �4�,4, �S �II"14.I standards g �g.L jIIg1 ..s.07.M. 29 Uses Allowed in Residential Zones Table 2.02A Use Zone Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) Special Permitted Uses(S) Specific Conditional Uses(SCU) RS RSN RIS RM RMN A Dwellings 1Accessory d�ypH�ng �]lit S S S S S 1' Duplex dwelling S S P P "' Manufactured dwelling S1 S1 S S S 9 Manufactured dwelling park S S 4,5 Multiple-family dwelling P P y' Row houses P P y'.. Single-family detached dwellings P P P P P 2.06 Accessory Structures 2.06.01 Applicability The following standards are applicable to accessory structures in all zones Lce„sso..pry Pvvg111 n �,::)Di„ts )prv„�„^ s ” 4"X4'"II1(1��j' II�DII"f(1 1"14'"�4" str�ll1 rr�ll s rr�ll1 rill 4'" S�L4 u4'"ct tot"14'"....ILII cS�IIsII�SII1� �S „s4'ctIoII"1! 2 07 2.07 Special Uses Special Permitted Uses are allowed outright, but are subject to additional requirements designed to ensure their compatibility with, or mitigate their impact on, surrounding (usually residential) development. 2.07.11 House of Worship Bus and Van Storage: Storage of buses and vans used by a house of worship shall be permitted if the 30 vehicles are not parked closer than 20 feet to a property line abutting a residential zone or use. _ _ 3, = 1, 2, 1 2, U III��t, _ 31 E, Hoor Aiirei: p Il(=, giross flooll-all-ea of the accessoir dweHhing UDt shi)11 unot exceed 50 24^ir4"eint ofthe p[hirrial'y daYpHk ling, g'ZZ5 sg4 allre feet, MNchevellr IS Hess. p the gg-aagg airea shi)1111 Ibe (.XdUded firoirn CiflCLfli)fi()lI Of th(^ fl(K)l-iflTi). E 5912allrafic)llmp Ilr1^Ire shifll Ibe as urraouruorraUurra SN foot sepg[gjk)in between detached accessory dypHhilng gDs and aH1 (WI&I-Stl-UCtUlTS 0111 th(." SI1t(.", G, V(jNdetli'4sC14sll'4.^S/V(.^luC�14(^s hceinsed by 1�]p Oiireggu] Pppg[jqig]j gf Motor V(jNdes shi)11 ur451 be p4.^II,iirn111e41 as accpssc)i-Y dweHhing gDllts, -L Eiintiiraiinc& An access45ily41vv4."11IIuiing 4s]lt attached oir lloca ted Mthhin a Il2urvuurnai'y dmflhiingxbgfl DQj [gSUR uul aaDy lga45 dogir entrance b6in45Lrr114"d on ain exteiijoll-wi)1111 fabling as fEgDj pEgggly llne, L e1;10 Ilallln One off-street Ilsaau-killig spgLg us a 4°g4 iired in addfigin to that MNch Is ilreghired for the Ilse,ul)m 41�Sra54,:"I hllng 4Ll �Ns addfioilnifl sph� g IS 11101 S4flb14"41 to the ocafion iireg4sEgMgiints of WDO Secfion 3,0 5,0 2,D,3, J, IN c�)III-c 4)III f()ii-irn 1i t i e sLeg alllly u2 g u2-sg Dfg ii-IT)1111 g g c c e s s4511 y St 11-U Ct U 11-4'"s ��c�)c at e d 4511r ii,e s ll d e III t 11 a y Kg III e d ��a III d miay I g Lgu]Ygllrted to ain accessoi-y daYgHhllng 44] sin accordance MCI the iireg4siireiirneiints of Secfion 1 04, K, OWII(N' OCCUPalDi y BpgguITITI(Nllt, ..1..117(^ (WI&I,01,111 g�2�245iiiinte41 liunlurriedate faii-ndy mpirnbeir of the cmineir MU�i gMipy Pufilellr th(� I]E)Ly -esidence oir accessory dmd��Ing UD��t oill the pEgpg-ty as ��ts PE�llnbp�� gg�� Egsdeiince, excep! for boina fide t&Tipg�'airyas �lf thelowillell-11 IS a egrrall 11^o2jlty Q !Dlsll±2 145111145SYhlng pg'sons shi)H1 lbe consdered (flhgHNe cmineir. 2Pfl � sefibI � r : r� :InJ the=� l ) � )�� i) cc)I o 42EP21-a1e sWSor � ) DybgMiis, d ( ) fpalltlllellrsh�p,1�22lg , Mg 9 11,S, 32 4.01.05 120-Day Rule A. The City shall take final action on the application within 120 days of the date that the application was deemed complete, unless the applicant extends the 120 day period. Any continuance or extension of the record requested by an applicant shall result in a corresponding extension of the 120-day period. B. When the 120-day Rule is Not Applicable: The 120-day rule does not apply to: 1. Any Type I decision; 2. Any application for an amendment to the City's comprehensive plan; or 3. Any application for a permit, the approval of which depends upon a Comprehensive Plan amendment; 4. Any application that is not wholly within the City's authority and control; 5. Any Type V decision; 6. Any annexation,, a;b„pr 7 Needed h()USlilIng a411411411iiCa fi()lIns that a'Tle t the cijteija of ORS 197,311 i llhe Clty xbh 111 jaIke finifl gCfi14S111 4)II1', these a llCat I()ills MMNIII 100 days gf the date that the appllllcafilc)n was d4"4i°II1(14'd 4;4DII"f(1PI2!2" 44111114;ss the appI�cant extends the,100 day 11.12II II4;D„d., 33 Exhibit B Page 1 of 6 Analyses & Findings This attachment to the staff report analyzes the application materials and finds through statements how the legislative amendment relates to and meets applicable provisions. Symbols aid locating and understanding categories of findings: Symbol Category Indication Requirement (or guideline) met No action needed Requirement (or guideline) not met Correction needed Requirement (or guideline) not applicable No action needed Other special circumstance benefitting from Revision needed attention .................................................................................::..............::.................p ... : . ........................................................::........(......................................). Section references are to the Woodburn I[)evel.o. ii inti iiFldiiii°� ince LA 2018-02 Page 1 of 6 34 Exhibit B Page 2 of 6 Legislative Amendment Provisions Background 1.05.0313. establishes that the Planning Commission recommends to the City Council on proposed or revised ordinances relating to the regulation of land use. A brief WDO history: • In 2002, the Council first adopted the WDO on April 9 via Ordinance No. 2313. • In 2007, the Council first amended the WDO on July 28 via Ordinance No. 2423. • In 2017, the Council adopted on January 9 the thirteenth and most recent amendment via Ordinance No. 2544. :9...0:9...0:9..13. outlines the purpose of the WDO. A useful and best urban planning practice particular to Oregon is dividing types of reviews and decisions relating to planning, land use, and zoning into several types designated by Roman numeral. Local governments tweak the exact terms of the basic types, and in Woodburn there are five types, Types I through V. The spectrum spans reviews and decisions that are simple, low-level, narrow, and straightforward — having "clear and objective" provisions— up to things that are complex, high- level, broad and open-ended — having "discretionary" provisions. It spans staff decisions on permits up to Council adoption o major policy decisions. WDO Sections and x01: through _. ... _ ..:: 5.04 describe the types. Legislative Amendment Provisions 4.01 Decision-Making Procedures 4.01.02E.Type V Decisions(Legislative):Type V decisions involve legislative actions where the City Council enacts or amends the City's land use regulations, comprehensive plan, Official Zoning Map or some component of these documents.Type V decisions may only be initiated by the City Council.The Planning Commission holds an initial public hearing on the proposal before making a recommendation to the City Council.The City Council then holds a final public hearing and renders a decision. Public notice is provided for all public hearings(Section 4.01.14).The City Council's decision is the City's final decision and is appealable to LUBA within 21 days after it becomes final. LA 2018-01 Staff Report Attachment 102 Page 2 of 6 35 Exhibit B Page 3 of 6 4.01.09 Initiation of a Legislative Proposal A.The City Council may initiate the consideration of a legislative decision by resolution. B.Actions initiated by the Council shall be referred to the Planning Commission for a public hearing and recommendation to the Council. 4.01.17 Types of Decisions Type V Legislative Decisions(Legislative):Type V decisions involve legislative actions where the City Council enacts or amends the City's land use regulations, comprehensive plan, Official Zoning Map or some other component of any of these documents where changes are such a size, diversity of ownership or interest as to be legislative in nature under State law. Large-scale annexations are included, as well as adopting or amending the Comprehensive Plan or the Woodburn Development Ordinance.The Planning Commission holds an initial public hearing on the proposal prior to making a recommendation to the City Council.The City Council then holds a final de novo public hearing and makes the City's final decision. Public notice is provided for all public hearings.The City Council's decision is the City's final decision and is appealable to LUBA within 21 days after it becomes final. A legislative amendment to the WDO is a Type V decision. The Council initiated consideration of the proposed legislative amendment on September 25, 2017 via Resolution 2102. Staff completed the public notices for the Commission hearing date of June 14, 2018, specifically a newspaper ad in the Woodburn Independent and mailed notice to select agencies — including Marion County, the Woodburn Fire and School Districts, and the Oregon Department of Transportation (ODOT) —and the Downtown Neighborhood Association. It is not specific to any property or properties will not and so a greater degree of public notice is not required, including a Ballet Measure 56, because it does not that limit or prohibit land uses previously allowed in the affected zone notice. (The 1998 measure requires cities and counties to provide affected property owners with notice of a change in zoning classification, adoption or amendment of a comprehensive plan, or adoption or change of an ordinance in a manner that limits or prohibits previously allowed uses. ,g�, „ti,;e,B.iI..1, [,J ],!!„ , [2003] modified the notice requirements.) se The provisions are met. Comprehensive Plan Policies, OAR's & Statewide Planning Goals Staff identifies below applicable comprehensive or "comp" plan policies and Statewide Planning Goals to guide Commission deliberation. LA 2018-01 Staff Report Attachment 102 Page 3 of 6 36 Exhibit B Page 4 of 6 Comprehensive Plan Policies Staff cites relevant comp plan provisions below: B-2. Woodburn shall coordinate with affected state agencies regarding proposed comprehensive plan and land use regulation amendments, as required by state law. All state, county and regional entities were notified pursuant to state law. Draft Code language was also forwarded to the regional realtor association, 1,000 Friends Group as well as the DLCD representative responsible for coordinating and implementing SB 1051. D-2.The housing goal of the City is to ensure that adequate housing for all sectors of the community is provided. Allowing ADU's will help to ensure that housing opportunities for a specific sector of the community (family/elderly) can be accommodated. D-2.2 It is the policy of the City to encourage a variety of housing types to accommodate the demands of the local housing market. These amendments are an excellent example of providing a unique housing type for which there is a demand in the local housing market. D-2.3 To ensure that new concepts in housing are not restricted unduly by ordinances,the City shall periodically review its ordinances for applicability to the current trends in the housing market. These amendments are an excellent example of amending our WDO in order to provide a unique housing type for which there is a demand in the local housing market. 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. These amendments will help to ensure that the optimum use of the city's residential housing supply is being utilized. It will add housing in areas (lots) that already accommodate development . LA 2018-01 Staff Report Attachment 102 Page 4 of 6 37 Exhibit B Page 5 of 6 Statewide Planning Goals Of the 19 goals, staff cites relevant ones below. Goal 1 Citizen Involvement [Oregon Administrative Rules 660-015-0000011] To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. Staff confirms that the proposal does not interfere with existing means of land use public notice that span the existence, structure, and purview of the Commission itself to case-specific required mailings, newspaper ads, and sign postings. Goal 10 Housing [OAR 660-015-0000(,;j;p)] To provide for the housing needs of citizens of the state. The proposal allows the City to further the intent of Goal 10 by allowing a housing type which is not currently permitted but which is in demand in the community. ( ,111 Goal 14 Urbanization OAR 660-015-0000,,,,,,,,,,,,,,,,,,,,, To provide for an orderly and efficient transition from rural to urban land use,to accommodate urban population and urban employment inside urban growth boundaries,to ensure efficient use of land, and to provide for livable communities. Staff confirms that the proposal does not interfere with the City meeting this goal, the City having undergone comp plan periodic review leading to the 2015 adoption of the urban growth boundary(UGB) expansion that the Department of Land Conservation and Development (DLCD) acknowledged. These amendments will help to ensure that the optimum use of the city's residential housing supply is being utilized. It will add housing in areas (lots) that already accommodate development. Oregon Administrative Rules: 660-008-0015 Clear and Objective Approval Standards Required (1) Except as provided in section (2)of this rule, a local government may adopt and apply only clear and objective standards, conditions and procedures regulating the development of needed housing on buildable land.The standards, conditions and procedures may not have the effect, either in themselves or cumulatively, of discouraging needed housing through unreasonable cost or delay The proposal includes clear and objective standards for ADUs for needed housing. LA 2018-01 Staff Report Attachment 102 Page 5 of 6 38 Exhibit B Page 6 of 6 SENATE BILL 1051 ORS 197.312(5) Critically, the impetus for these Code amendments was the adoption of SB 1051. The Bill, codified as ORS 197.312(5) requires most local jurisdictions (including Woodburn) to amend or modify their development codes to meet a variety of housing goals and policy standards, including: 1. Allowing for accessory dwelling units in single-family neighborhoods 2. Providing for expedited review of certain affordable housing permits; and, 3. Allowing religious institutions to use their property to develop affordable housing. These amendments have been drafted for the express purpose of meeting the requirements of the ORS. V The legislative provisions are met. Staff recommends approval of the proposal. LA 2018-01 Staff Report Attachment 102 Page 6 of 6 39 �'I'1 r I Iii♦ r} Y 9M& Its BU Pri,,�<;rrt rr rf aA'!87 August 13, 2018 TO: Honorable Mayor and City Council through City Administrator FROM: Chris Kerr, Community Development Director Colin Cortes, AICP, CNU-A, Senior Planner SUBJECT: Annexation of Approximately 18 Acres of Territory Known as Brown Street Properties at 1490, 1550, & 1636 Brown St (ANX 2018-01) RECOMMENDATION: It is recommended that the City Council conduct a public hearing and adopt the consolidated ordinances annexing the subject property into the City and designating City zoning. BACKGROUND: The item before the Council is an annexation application ANX 2018-01 (Type IV) by Icon Construction and Development, LLC for the territory known as the Brown Street Properties at 1490, 1550, & 1636 Brown Street totaling approximately 18.0 gross acres. The proposal includes transferring jurisdiction of approximately an acre of adjacent Brown Street right-of-way (ROW) from Marion County. The territory is eligible for annexation because it is within the City urban growth boundary (UGB). Upon annexation, the City will assign the property with City zoning, The Comprehensive Plan land use map currently designates the territory as Low Density Residential for which a compatible zoning district is the Residential Single Family (RS) zone, which the applicant accepts. (The one other compatible district is the Retirement Community Single Family Residential [R1S] zone presently designated only to the Woodburn Estates & Golf developed subdivisions, which are restricted to persons 55 years of age and older.) Because the applicant proposes no development at this time, there are no corollary development applications such as for planned unit development or preliminary subdivision. Agenda Item Review: City Administrator x_ City Attorney_x Finance—x- 40 Honorable Mayor and City Council August 13, 2018 Page 2 Under the WDO, the Planning Commission was required to review and make a recommendation on the annexation and contingent zoning assignment. The Planning Commission held a public hearing on June 28, 2018, and after deliberation unanimously recommended approval of the annexation. The applicant was the only testifier. DISCUSSION: Annexation is a policy decision by the Council. Decision-making hinges upon the annexation criteria in Woodburn Development Ordinance (WDO) 5.04.01 C. The attached Planning Commission staff report of June 28, 2018, and its Attachment 102 Analyses & Findings address these criteria and found them met. FINANCIAL IMPACT: Annexing the territory into city limits would subject it to City taxing authority, including property tax that generates the largest source of funding for general fund services such as the library, policing, and parks and recreation. The City permanent tax rate is $6.0534 per thousand dollars - equal to a millage rate of 6.0534 mils - as set by Oregon Ballot Measure 50 in 1997-98. The property contains three rural residences, one at each address. The table below simplifies and grossly estimates revenue, absent redevelopment in the indefinite future: Address Tax Lot Marion County Gross Estimate of City Assessed Value (AV) Property Tax (6.0534 mils) 1490 051 W 18C 00600 $286,930 $1,736.90 1550 051 W 18C 00800 $102,470 $ 620.29 1636 051 W 19 B 00200 $271,820 $1,645.44 Total $661,220 $4,002.63 The estimate neither accounts for how the City might assess property value differently than Marion County nor excludes the unknown cost of providing basic utility services to the properties that the City does not already provide. Additionally, in the indefinite future, subdivision and redevelopment to urban residences would increase both the number of residences and assessed valuation while also increasing City utility and other service costs. 41 Honorable Mayor and City Council August 13, 2018 Page 3 Staff believes the annexation would negligibly benefit property tax revenue. ATTACHMENTS: 1 . Planning Commission June 28, 2018 Staff Report 2. Marked Tax Maps (north and south) 3. Analyses & Findings 42 Attachment 1 ODBURJ ; � Lill' N Incorpo, rraaed 1889 Staff Report To: Planning Commission Through: Chris Kerr, AICP, Community Development Director c', From: Colin Cortes, AICP, CNU-A, Senior Planner Meeting Date: June 28, 2018 (Prepared June 21, 2018) Item: 1490, 1550, & 1636 Brown St, "Brown Street Properties/ Icon Development" (ANX 2018-01) Tax Lot(s): Primary Tax Lot 051W18C 00600 with Additional Lots 19B 00200 & 18C 00800 Table of Contents ISSUE BEFORE THE PLANNING COMMISSION.....................................................................2 EXECUTIVE SUMMARY....................................................................................................2 RECOMMENDATION .......................................................................................................5 ACTIONS .......................................................................................................................5 ATTACHMENT LIST.........................................................................................................5 43 Attachment 1 Issue before the Planning Commission Annexation ANX 2018-01 (Type IV): Commission recommendation to the City Council. Executive Summary The proposal by Icon Construction and Development, LLC is to annex 18.0 acres composed of three tax lots addressed as 1490, 1550, & 1636 Brown Street as well as to transfer jurisdiction of approximately an acre of adjacent Brown Street right-of-way (ROW) from Marion County. The rural residential territory is located at southern central city limits generally east/southeast of both S. Front Street and S. Boones Ferry Road, south/southwest of E. Cleveland Street, and west of both U.S. 99E/ N. Pacific Highway and Mill Creek. It is next to and east of Boones Crossing Subdivision Phase IV (Attachment 104) and at the dead-end of Brown Street, which the City Transportation System Plan (TSP) illustrates is to extend south (Attachment 105). The applicant proposes no development yet, and so no corollary development application accompanies the annexation application. As a courtesy, the applicant provided an exhibit of what staff calls a "shadow plat" and is included among the application materials excerpts (Attachment 103, p. 19): a conceptual subdivision plan. Staff emphasizes that this is conceptual, not actually proposed for approval, in no way binding, and irrelevant to the annexation criteria. It is a visual comprehension of how development would likely take shape. Because the comprehensive or "comp" plan land use map designates the territory Low Density Residential and per comp plan Policy Table 1 the corresponding zoning district is the Residential Single Family (RS) zone, the territory would assume the RS zone upon annexation. ANX 2018-01 Staff Report Page 2 of 5 44 Attachment 1 fr I� pu i r � � r f I 1 u j I i l Annexation territory outlined in purple;outline excludes right-of-way area also to transfer to the City ANX 2018-01 Staff Report Page 3 of 5 45 Attachment Below is Exhibit B of the legal description illustrating the territory to be annexed: 90 OF THE WILLAA4ETTE MERYDIAN. S 90100100" E REEL 2699 01'32 20 E 8-31-2006 60 328.45' REEL PAGE 62 Qk EAST LINE PETER I mol"N 90100,00" W 589,67 REEL 1554 REEL 138 PA GE 151 PACE 510 12-JO-1998 9-8-1978 REEL J250 PAGE 474 1-12-2011 POINT OF BEGINNING PACE 46 Z) SE CORNER PE TER 8-10-1992 RAYMOND OLC NO, 58 REGISTERED PARCEL I PROFESSIONAL LAND SURVEYOR PAGE 680 NEIL dOHNSON y 4-3-1995 DI,C NO, 69 VALID THROUGH DECEMBER 31, 2019 WAM CLIENT: ICON EXHIBIT 111311 ORIG,DATE: JANUARY 23,2018 ANNEXATION CENTERLINE CONCEPTS DRAWN BY: JB13 LAND SURVEYING,INC. SHEETNo. 101`1 OREGON L TY.OREGON 97045 Sca�e:V=200' PHONE 503,650('10190 FAX 50J,6600189 ANX2O184)1 Staff Report Attachment 1 Staff finds that the proposal meets applicable Woodburn Development Ordinance (WDO) provisions per the analyses and findings (Attachment 102). Recommendation Approval: Staff recommends that the Planning Commission consider the staff report and attachments and recommend to the City Council that it approve the annexation application. Actions The Planning Commission may instead act on the annexation application to recommend denial, based on City adopted provision(s). If the Planning Commission were to act upon the recommendation, staff would proceed to a City Council hearing, tentatively scheduled for August 13, 2018, with the Commission recommendation. (Were the Council to approve the annexation application, it would do so by adopting two ordinances, one for annexation and one to confirm application of the RS zone.) Attachment List 101. Marked Tax Maps (north and south) 102. Analyses & Findings 103. Site Plans & Other Application Materials Excerpts 104. Boones Crossing Subdivision phase map (December 2016) 105. Transportation System Plan (TSP) Figure 7-1 "Functional Classification Designations" ANX 2018-01 Staff Report Page 5 of 5 47 SEE X05 1 18C I — — zT _� — — I— — — I MAF — — J� o eR RF�scTo , x�S E A 05 1W 18C 051 W18BC p P ?Cr O� — —i — — — — ° �r Fysr ` 05'fi1�l18BD / ST MA - - — o2 � / // , ho � 05 8 WOODBURN C-)1/4 C I � / / / / /— - — , �a� Attachment 2 103 03 03 QTR SECS J, p I I — — — — w tis �v — I I — \ w I� s w — .... 44, -a u .....- ----------------- STREET I .,. i0 i T\ i mi i / / / PTA i i / / iii ,1 I Y NW COR O ° / X B NNEY D 7 \�°Po ° G` t F ppo P�� SjRFF ` h �� C w MARION COUNTY, OREGON KELOWNA CT !y � ` t��` � � U w� AQP° 5 FN ��,..W � SW1/4 SEC18 T5S R1W W.M. CE SCALE 1" = 200' BRANDYWINE CT ` 1 LEG E fNI 60 % 0 eR/aQP ��p� �` wARRFN LINE TYPES ° 1030 J w000 o �� 0� I ° Taxlot Boundary Historical Boundary ° 0 0 0 0 0 0 0 0 0b0 0 0 0 0 0 0 0 a .. �`� I "GccF �� Road Right-of-Way Easement O NEC _ — - - — — — — Q 0303 SNF " / YMOND O L 8 w Railroad Right-of-Way Railroad Centerline 1 ----------------- 0 a O �� a_ S E AP Private Road ROW Taxcode Line wyam, 0°0 PSP A Q �COMSTOCK AVENUE 03 05 W1 DB ..... ....... .... 0 0 0 0 0 0 0 �y e "�co , Subdivision/Plat Bndry Map Boundary 10 003 y Ass. 0 0 Waterline - Taxlot Bndry Waterline - Non Bndry z° \ z 1 O o SEE MAP 0°° s 3� ^��1.43AC m\ �J`� 4�� CORNER TYPES 052W13 ° �� + 1/16TH Section Cor. 1/4 Section Cor. 0 m otiJ O p ° \ P m �qy p R,a 31102 ^ ° w 0 DLC Corner 16 15 Section Corner 0 o s°` �Q 21 22 ° o „ 0`3 GJ Y s NUMBERS �� X 03 L o Tax Code Number 0 TULIP AVE z 00000000 �.° A P`I�� U) ¢ v O \ ° Acreage All acres listed are Net Acres, excluding any 0 ell �O 0.25 AC portions of the taxlot within public ROWS NOTES Qj VINE AVE y Tick Marks: A tick mark in the road indicates that the — °°\� 5.00 �� x�E P� 282.81 �5 labeled dimension extends into the public ROW 00 no�� S. g 1000 ��F �FQ�� 200.00 — — — — — — — — 175.00 54.98 103 03 03 5 LAZY P — — — — El ° �6 6 03 1y sp o �0 60 OMAvb OE 900 Mo8�1 E ° 10300035 MAP 0 DC CANCELLED NUMBERS ° mA " °° 1 1405 9� °`� 3 3035N 283.80 °° 00 ° 1404 PARCEL 3 30 201 — — — — — — — — — — — — — — — ° n 11.42AC PARCEL 2 m 1403 680.40 300 ° L 12.36AC 400 o PARCEL 1 800 500 0cryo 9.76 A C 600 1300 0 f O / 1301 0 �� l /' 1400 0 a Z 1401 °o )� 1402 �� I / 1500 a O° o l Z /' 103 00 03 5 m w J o - ° z o z 1318 1" 5892824E 86426 a700 ' DISCLAIMER: THIS MAP WAS PREPARED ° ......... ................. ..........- 20 ACCESS EASE O O o SEE MAP FOR ASSESSMENT PURPOSES ONLY ............ .............. " 051 W1 8D........... .. ........ .................. N89 28 24 W 649.77 O ... O1 11 3� 589 28 24 E 504.29 30 ° 0 °O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 29420 1/ OR 24 19 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 559.66 SEE MAP ° I 051 W1 913 SEE MAP 052W24 0REG0N1. II O 1 to °° I n'j FOR ADDITIOwwwnNAL MAPS VISIT orO. s dL 051 W19BR...WEB„SITE...AT SEE MAP M ............................... III I o PLOT DATE: 4/20/2018 � � .!!..�..�� .�................................... PLY SE COR P RAYMOND � I 30 SEE MA DLC 58 051 W19 WOODBURN I 0 dL 00 W 18C P RAYMO�D 05 1W 18C lW 19B °°° 1W 19B Uj 05 ° z SEE MAP , 05 0 051 W18DC SEE MAP ° WOODBURN 052W13 0 103 00 03 5 Ac%o° SE E MAP ........ .._.._.._._.. 051 W18C 100 ` 0 13 1$ Attachment 2 0 0 . ............ ............ ........... 0 �. . .......... ........... 0 0 0 0° O O O O O OO 2018.32 30 O 600 O O O O O S89 28 8.3 1/4 COR 000 00 O OOOOOOOOO0 24 19 O O O O O O O O O O 0 O O O O O O O E MAP } 0 500 51 W1 8D w. ............._.._._._...............................cb .. o I 278.12 200 ,^ o x 1 0 700 J 1.84 CHo /(w" ...� ..... 0 M N 29742 m O ..,...,...,,.'w, cb LO .......... 0 326.58 1 400 M M / MARION COUNTY OREGON ^ $00 =1 o 0 30 PLY SE COR r M M _ M P. RAYMOND mNWl/4 SEC19 T5S R1W W.M. 271 °1 DLC 58 w 900 1 z 2 / SCALE 1" = 200' 281 114.16 30 395.54 30 V ( /• ° 1000 1 ° RE-ENT COR LEGEND ry f y p Q PARCEL 1 1 7 P / L EG I�_`J Lid M 1.02 AC RAYMOND 0 436.63 o m 1so.10 DLC 58 SW COR LINE TYPES 0 0 1100 1 �� 301 B. BONN o PARCEL 2 DLC 47 r� 475.73 122.36 1.02 AC Taxlot Boundary Historical Boundary p WEST 43.11 CH 2845.26 I 3.58 CH 69 CH - - - - - - 1200 f\ \ J EAST3.39CH2O3. Y 6.SOCH448.80 Road Right-of-Way Easement O v \) 0203.6 00 203.6 S 2.2 C 06.16 ..r ° Railroad Right-of-Way Railroad Centerline s� N NOTE-ASSESSED WITH TAX LOT IIIIIIIIIIIIIIIII ..IIIIIIIIIIIIIIIII O 20000N MAP 051W 19A 564.96 Private Road ROW Taxcode Line M O coo Z ........................................................ O O O O O O O 0/ °o 16.10 O H1062.60 Subdivision/Plat Bndry Map Boundary 6� NW COR 0 N.JOHNSON Waterline - Taxlot Bndry Waterline - Non Bndry DLC 69 103 00 03 5 ," 1 / CORNER TYPES 1 / + 1/16TH Section Cor. 1/4 Section Cor. 1 / WITH TAXLOT 1000 1 / 0 DLC Corner 16 15 ON MAP 052W 24 * Section Corner 1 / 21 22 1217.04 184.47 93 / NUMBERS 18.44 CH 365.96 184 I Tax Code Number 1600 1900 2000 I 2600 / - 000 00 00 0 I - - J- - - - - - 10300035 - I 3 0 / I 1 Acreage All acres listed are Net Acres, excluding any Z / // I 1 h SEE MAP 0.25 AC portions of the taxlot within public ROWS I 1 051 W1 9A / BELLE 1 _� 2 y g m 130 130 co NOTES v rn a 2100 2200 ° / PASS[ Tick Marks: A tick mark in the road indicates that the NOTE-THIS AREA ASSESSED / 1 labeled dimension extends into the public ROW a WITH 52W2 11000N 475 /^ Z CPM N 200.00 MAP OS 2W 24 S'LY SE COR Z M � 175.00 P�RAYMOND 1 SSI CR 540 SEE MAP DLC 58 1 14.5 WLY SW COR 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 184.47 60 � RE-ENT COR 0 0 0 0 0 0 0 0 0 o o 1 1 N.JOHNSON I I N.JOHNSON 365.9 ° 0 °1° °-'e 0 0 0-,-° 84 30 1 DLC 69 CANCELLED NUMBERS BE�L� IDA9SpRp o 0 0 0 4, o 0 30 DLC 69 S89 15E 2313.96 O O�'01p 0 ° ° � 0 1.41 CH 3.37 C H Q 343 ° o �0 O O O O O O O O O OTO 10 2.89 CH 2400 d- 634.00 ° ° ° ° ° ° o 0 0 0 o do o ° � 2500 3400 S89 15E 345 OELDLL, BAcnSi�® a�'Ro54:0 0 0 0 0 0 0 0 • �O O O 2so.52 0'/ 3001 3300 0 259.94 374.36 3000 ° J 160 2900 NE CO ,J n ^b J 2700 J. ENGLE ° NOTE-THIS AREA ASSESSED WITH 3200 � � DLC 62 0SO TAXLOT 1500 ON MAP 05 2W 24 `ti O 3101 258.34 0 n /,.• 260.04 129.81 n 2$00 O 0 30.00 129.89 r O m ^ ryo 260.04 130.13 67.36 �O 0 �•, co ^ ry60 0 3100 197.40 10300030. 60 a 3102 0 PARCEL 1 2 � ° 2.72 AC PARCEL 2 ` 0 2.82 AC t 0 DISCLAIMER: THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY 2325.12 343 O 634.00 345 85.09u 205.95 1/4 COR ° CTR SEC ��, 0° 0 R E G 0 N J I� ° FOR ADDITIONAL MAPS VISIT OUR WEBSITE AT SEE MAP ®o www.co.marion.or.us 051 W1 9C 0 0 0 7 PLOT DATE: 1/23/2018 ° i 0 WOODBURN oso � 05 1W 19B SS ° ��° 103 00 03 5 05 1W 19B Attachment 3 Analyses & Findings This attachment to the staff report analyzes the application materials and finds through statements how the application materials relate to and meet applicable provisions such as criteria, requirements, and standards. They confirm that a given standard is met or if not met, they call attention to it, suggest a remedy, and have a corresponding recommended condition of approval. Symbols aid locating and understanding categories of findings: Symbol Category Indication Requirement (or guideline) met No action needed Requirement (or guideline) not met Correction needed Requirement (or guideline) not applicable No action needed ......................................................................."..............i .. " ...................................................."......(......................................). Section references are to the Woodburn rn Develo�� r ��„� ��: u��a�ice Table of Contents Location.........................................................................................................................................................1 LandUse &Zoning........................................................................................................................................1 StatutoryDates.............................................................................................................................................3 AnnexationProvisions ..................................................................................................................................3 ApplicantIdentity..........................................................................................................................................7 Location Address(es) C, 1550, & 1636 Brown St Tax Lot(s) 052W12BC 06600 Nearest Brown Street and Vine Avenue intersection Land Use & Zoning Comprehensive Plan Land Use Designation Low Density Residential Zoning District Residential Single Family (RS), upon annexation Overlay District(s) none Existing Use(s) Rural dwellings ANX 2018-01 Staff Report Attachment 102 Page 1 of 7 50 Attachment 3 For context, the zoning is illustrated and tabulated below: �r i' r _ I i Zoning Map Excerpt Cardinal Direction Adjacent Zoning North No City zoning because not yet annexed; would be RS East Northerly: Public and Semi-Public (P/SP) [Mill Creek and wetlands]; Southerly: RS South Easterly: No City zoning because not yet annexed; would be Medium Density Residential (RM) Westerly: N/a because outside the Urban Growth Boundary(UGB) West RS ANX 2018-01 Staff Report Attachment 102 Page 2 of 7 51 Attachment 3 Statutory Dates Application May 15, 2018 Completeness 120-Day Final September 15, 2018 per Oregon Revised Statutes (ORS) ??x.178. (The nearest Decision Deadline and prior regularly scheduled City Council date is September 10, 2018.)* *However, the Assistant City Attorney had counseled staff on January 16, 2018 that an annexation request is not subject to the 120-day deadline for final action per 227.178(8). Annexation Provisions Because the proposal is for annexation, per 5.04 it requires a Type IV review with City Council decision. The applicant submitted application materials on April 19, 2018 and revised and additional materials on May 17, 2018 (excerpted within Attachment 103). 5.04.01 Annexation A. Purpose: The purpose of this Type IV review is to provide a procedure to incorporate contiguous territory into the City in compliance with state requirements,Woodburn Comprehensive Plan,and Woodburn Development Ordinance. B. Mandatory Pre-Application Conference: Prior to requesting annexation to the City, a Pre- Application Conference(Section 4.01.04)is required. ... C. Criteria: 1. Compliance with applicable Woodburn Comprehensive Plan goals and policies regarding annexation. 2. Territory to be annexed shall be contiguous to the City and shall either: a. Link to planned public facilities with adequate capacity to serve existing and future development of the property as indicated by the Woodburn Comprehensive Plan; or b. Guarantee that public facilities have adequate capacity to serve existing and future development of the property. 3. Annexations shall show a demonstrated community need for additional territory and development based on the following considerations: a. Lands designated for residential and community uses should demonstrate substantial conformance to the following: 1) The territory to be annexed should be contiguous to the City on two or more sides; 2) The territory to be annexed should not increase the inventory of buildable land designated on the Comprehensive Plan as Low or Medium Density Residential within the City to more than a 5-year supply; ANX 2018-01 Staff Report Attachment 102 Page 3 of 7 52 Attachment 3 3) The territory proposed for annexation should reflect the City's goals for directing growth by using public facility capacity that has been funded by the City's capital improvement program; 4) The site is feasible for development and provides either: a) Completion or extension of the arterial/collector street pattern as depicted on the Woodburn Transportation System Plan; or b) Connects existing stub streets,or other discontinuous streets,with another public street. 5) Annexed fulfills a substantial unmet community need,that has been identified by the City Council after a public hearing. Examples of community needs include park space and conservation of significant natural or historic resources. b. Lands designated for commercial,industrial and other uses should demonstrate substantial conformance to the following criteria: ... D. Procedures: 1. An annexation may be initiated by petition based on the written consent of: a. The owners of more than half of the territory proposed for annexation and more than half of the resident electors within the territory proposed to be annexed; or b. One hundred percent of the owners and fifty percent of the electors within the territory proposed to be annexed; or C. A lesser number of property owners. 2. If an annexation is initiated by property owners of less than half of property to be annexed, after holding a public hearing and if the City Council approves the proposed annexation,the City Council shall call for an election within the territory to be annexed. Otherwise no election on a proposed annexation is required. E. Zoning Designation for Annexed Property: All land annexed to the City shall be designated consistent with the Woodburn Comprehensive Plan,unless an application to re-designate the property is approved as part of the annexation process. F. The timing of public improvements is as follows: 1. Street dedication is required upon annexation. 2. Dedication of public utility easements(PUE) is required upon annexation. 3. Street improvements are required upon development. 4. Connection to the sanitary sewer system is required upon development or septic failure. 5. Connection to the public water system is required upon development or well failure. 6. Connection to the public storm drain system is required upon development. Regarding subsection B., staff hosted the pre-application conference (Pre-App 2017-04) on May 31, 2017. Regarding the criteria of subsection C.: ANX 2018-01 Staff Report Attachment 102 Page 4 of 7 53 Attachment 3 1. The City comprehensive or "comp" plan, Section G. Growth Management and Annexation contains growth management policies, but none that address annexation directly. The territory to be annexed is within the Woodburn Urban Growth Boundary (UGB) and so in this way is consistent with the comp plan. The applicant cites policies including G-2.2(b) as relevant and met: "G-2.2 Woodburn will achieve more efficient utilization of land within the City by: ... (b) Providing the opportunity for the urban in-fill of vacant and under-utilized property that is currently unincorporated and surrounded by the City." Staff concurs. The territory of approximately 18.0 acres contains three houses and is part of a lacuna in city limits. Annexation meets the goal for filling in much of the gap and allowing redevelopment from rural to urban residential density. Assuming a developer's rule of thumb that net acreage entails a loss of 30% of gross acreage, and with the comp plan establishing for single-family houses a minimum density of 5.2 dwelling units per net acre, the territory could accommodate approximately 65 houses. 2. The territory is contiguous to the City. Per the comp plan and with implementation through the WDO, upon development of the territory the City would require improvements that guarantee that public facilities have adequate capacity to serve such development. The Public Works Department identified no impediments to serve the existing three houses, which remain dependent on septic tanks. Additionally, regarding the western context of the territory, the applicant's narrative (p. 2) states: "The subject property needs to be annexed to the City to allow for the most efficient use of public facilities planned for this area. Storm sewer to service future phases of the Boones Crossing subdivision needs to cross this site. Boones Crossing Phase 4 is located adjacent to and west of the subject property. A needed pump station to service these future phases of Boones Crossing is proposed to be located on the subject property and would also provide for sewer service to the proposed annexation area." Staff concurs. Attachment 104 illustrates the location of adjacent Boones Crossing Phase IV, and p. 19 of Attachment 103 is the "shadow plat" illustrating an east-west linear open space and stormwater management tract with a public sewer pump station to serve a region including Boones Crossing and potential development of the territory. 3. Examining the considerations under subsection a.: ANX 2018-01 Staff Report Attachment 102 Page 5 of 7 54 Attachment 3 1) The territory to be annexed is contiguous to city limits on two sides—east and west. 2) The comp plan land use map designates the territory Low Density Residential. The applicant's request to annex indicates anticipated market need for housing types such as detached houses and corner duplexes that would be permitted upon application of the RS zone. Also, there is no oversupply of annexed Low Density Residential because the vast majority of such land is under active land use entitlement—such as for planned unit development and subdivisions—or building permit reviews or is undergoing construction, such that the supply with the annexation would not exceed five years. 3) The annexation includes Brown Street right-of-way (ROW) and extends City limits along this major thoroughfare. Major infrastructure for the three major utilities— potable water, sanitary sewer, and stormwater management—follow along or under streets. The Transportation System Plan (TSP), Figure 7-1 (Attachment 105) indicates long-range planning for Brown Street to extend south to the edge of the UGB along which an as-yet-unnamed southern Minor Arterial class road would connect west to Butteville and east across Mill Creek to U.S. 99E/ N. Pacific Highway. Additionally, the comp plan above and beyond the TSP plans for utility infrastructure through Section I. Public Facilities. Upon development, the City requires improvements of developers to upgrade and extend planned infrastructure. In turn, the City capital improvement plan (CIP) correspondingly budgets for such planned infrastructure. Additionally, regarding the western context of the territory and sanitary sewerage in particular, the applicant's narrative (p. 2) states: "The public facilities in this area are either available or, in the case of a sanitary sewer pump station needed to service Boones Crossing and the subject property, will be fully funded under the terms of an adopted development agreement, specifically the 'Statutory Development Agreement for Phases 3, 4, 5, and 6 of the Boones Crossing Planned Unit Development between City of Woodburn, Oregon; Premier Development, LLC;Woodburn Development, LLC; Nancy Bocchi; and Faye Zimmer' executed December 12, 2016 with recordation dated December 20, 2016 as Marion County Reel 3893, Page 245." Staff concurs. 4) The mostly flat site with no obvious physical constraints (other than a northerly broad and shallow depression channeling stormwater east towards Mill Creek) is ANX 2018-01 Staff Report Attachment 102 Page 6 of 7 55 Attachment 3 physically feasible for urban residential redevelopment. Regarding subsection a), development would extend Brown Street, which TSP Figure 7-1 classifies as a Service Collector. Subsection b) is not applicable. 5) The applicant asserts no unmet community need, and the Council has not yet identified such a need. Regarding D., the applicant obtained the requisite written consent and such that no election is needed. Regarding E., the applicant confirms the proposal includes no request to amend the land use designation or rezone the territory to a zone other than RS. Regarding F., the applicant addresses subsection 1. by transferring adjacent Brown Street ROW to the City. Regarding subsection 2., Public Works staff indicated that dedication of public utility easements (PUEs) is deferred until development. The criteria are met. Applicant Identity Applicant Mark Handris, Owner & Residential Project Manager Icon Construction and Development, LLC Applicant's Rick Givens, Planning Consultant Representative Landowners) Woodburn Development LLC (all three lots); Icon Construction and Development, LLC (also for Tax Lot 200 only) ANX 2018-01 Staff Report Attachment 102 Page 7 of 7 56 COUNCIL BILL NO. 3077 ORDINANCE NO. 2563 AN ORDINANCE ANNEXING APPROXIMATELY 18 ACRES OF TERRITORY KNOWN AS BROWN STREET PROPERTIES INTO THE CITY OF WOODBURN, LOCATED AT 1490, 1550, & 1636 BROWN STREET, MARION COUNTY, OREGON WHEREAS, the subject property is owned by Icon Construction and Development, LLC, and is legally described in Exhibit "A" and mapped in Exhibit "B", which are affixed hereto and by this reference incorporated herein; and WHEREAS, consistent with Oregon Revised Statutes (ORS) 222.1 1 1 (2) the owner of real property in the territory to be annexed initiated by petition a proposal for annexation, a copy of the petition being on file with the City Recorder (ANX 2018-01 ); and WHEREAS, the applicant, Icon Construction and Development, LLC, obtained written consent from the owners of the territory and has requested annexation of the subject property; and WHEREAS, the property to be annexed is within the City Urban Growth Boundary (UGB); and WHEREAS, the property to be annexed is contiguous to the City and can be served with City services; and WHEREAS, on June 28, 2018 the Woodburn Planning Commission considered the annexation application and, after a duly advertised public hearing, recommended approval of the annexation; and WHEREAS, on August 13, 2018, the Woodburn City Council held a public hearing, reviewed the record, heard all public testimony presented on said application, and upon deliberation concluded that the proposed annexation meets the applicable approval criteria under City of Woodburn Development Ordinance (WDO) 5.04.01 C.; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the subject property, legally described in Exhibit "A" and mapped in Exhibit "B", is annexed to the City of Woodburn. Page - 1 - Council Bill No. 3077 Ordinance No. 2563 57 Section 2. That the City Council adopts the Analysis & Findings, affixed hereto as Exhibit "C" and by this reference incorporated herein. Approved as to form: City Attorney Date Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page - 2 - Council Bill No. 3077 Ordinance No. 2563 58 r A�A CENTERLINE CONCEPTS LAND SURVEYING, INC. 729 Molalla Avenue, Ste. 1 and 2, Oregon City, OR 97045 P. 503-650-0188 F. 503-650-0189 Exhibit "A" Annexation Legal Description A Tract of land being conveyed to Zinalda Toran in Reel 3480, Page 62, Recorded March 8, 2013, along with a Tract of land conveyed to DMHP, LLC in Reel 2867, Page 57, Recorded September 17, 2007, Marion County Deed Records, property recorded in Reel 3250, Page 474, and a portion of Brown Street, conveyed to Marion County by Deed Recorded August 10, 1973, Marion County Deed Records, located in the Southwest 1/4 of Section 18, Township 5 South, Range 1 West of the Willamette Meridian, County of Marion, State of Oregon, being more particularly described as follows: BEGINNING at the most Easterly Southeast corner of the Peter Raymond Donation Land Claim No. 58, being coincident with the Southeast corner of that Tract of land conveyed to Don Forbes in Reel 3250, Page 474, recorded January 12, 2011, Marion County Deed Records; thence along the Claim line between said Raymond DLC and the Claim line of the Neil Johnson DLC No. 69, S89041'00"W, 223.43 feet to a 3/4 inch iron pipe, being an angle point in said Raymond Claim line; thence continuing along said Raymond Claim line, S01016'00"W, 85.12 feet to an 3/4 inch iron pipe; thence along the South line of said Forbes Tract, S90100'00"W, 200.58 feet to a 5/8 inch iron rod set in Survey No. 18989, Marion County Survey Records, being on the East line of Partition Plat No. 2001-74, Marion County Plat Records; thence along said East line, N01032'20"W, 293.49 feet to the Northeast corner of said Partition Plat; thence along the North line of said Partition Plat, S89°58'01"W, 30.01 feet to the East line of that Tract of land conveyed to Ivan Tipikin and Vera Tipikin in Reel 977, Page 46, Recorded December August 10, 1992, Marion County Deed Records; thence along said East line of said Tipikin Tract, the East line of that Tract of land conveyed to Ronald H. Southard and Lisa G. Southard in Reel 138, Page 510, Recorded September 8, 1978, Marion County Deed Records, the East line of that Tract of land conveyed to Richard E. Hart and Linda C. Hart in Reel 1659, Page 302, Recorded December 27, 1999, Marion County Deed Records, N01°32'20"VV, 600.31 feet to the Northeast corner thereof; thence a PR 19 201 COMMUN0 DEVELOPMENT 1WPA T T 59 South line of that Tract of land conveyed to DMHP, LLC in Reel 2867, Page 57, Recorded September 17, 2007, Marion County Deed Records, N90000'00"W, 260.62 feet to the Southwest corner thereof; thence along the West line of said Tract, N00133'40"W, 411.29 feet to the Northwest corner thereof; thence along the North line of said Tract, S88057'30"E, 253.77 feet to the Northeast: corner thereof; thence along the East line of that Tract of land conveyed to Gertrude Vasquez in Reel 1425, Page 81, Recorded September 12, 1997, Marion County Deed Records, N01032'20"W, 163.58 feet to the Northeast corner of said Vasquez Tract; thence along the Easterly extension of said North line, S90000'00"E, 30.01 feet to a point being 30.00 feet West of the West fine of that Tract of land conveyed to Martin Edward Fleck and David George Bradley in Reel 2699, Page 359, Recorded August 31, 2006, Marion County Deed Records when measured at right angles; thence Westerly of, Parallel with, and 30.00 feet distant from said West line, N01°32'20"VV, 163.78 feet to a point on the South Right of Way line of Vine Avenue; thence along said South line, N90100'00"E, 30.01 feet to the West line of that Tract of land conveyed to Martin Edward Fleck and David George Bradley in Reel 2699, Page 359, Recorded August 31, 2006, Marion County Deed Records; Thence along the West line of said Fleck and Bradley Tract S01032'20E, 328.45 feet to the Southwest corner of said Fleck and Bradley Tract; thence along the South line of said Fleck and Bradley Tract, being coincident with the North line of that Tract of Land conveyed to Zinalda Toran in Reel 3480, Page 62, Recorded March 8, 2013, Marion County Deed Records, S88057'30"E, 658.72 feet to a 5/8 inch iron rod set at the Northeast corner of said Toran Tract, and the East line of said Raymond Land Claim in said Survey No. 18989; thence along said East line, S10°44'38"W, 1222.14 feet to the POINT OF BEGINNING. CONTAINS 842,375 Square Feet More or Less. Subject to Easements of Record. SIGNED ON;REG01%(M 'E I LAND SURVEYOR EGON NOVEMBER 0, 001** JAMES 00 ON BROWN VAUD THROUGH DECEMBER 31, 20- 60 " " E A W N 90, E SOUTHWEST 1/4 OF SECTION 18, N 01'32'20" W TOWNSHIP 5 SOUTH, RANGE 1 WES 7 163.78' OF THE WILLAMETTE MERIDIAN. S 90 00 00 REEL 2699 30.01 � �' ,� �30" " PAGE 359 S 01',32'20' 20" E 8-31-2006 60': ' -._ 328.45' W i N 01'32'20" W d 163.58= W� I S 88'57'30 E 658.72' N 253.77" S 88'5 ''x"0'"' E 688.75 —50' N 3 N N V.1 W REEL 3480 ' o, Q PAGE 62 O CDC 3-8-2013 � N 90'00'00 W 260.62 morn du Q- 559.66' a Z du 6 ' EAST LINE PETER RAYMOND DLC NO. 58 N 90 00'00" W 589.67' mol' REEL 1554 REEL 138 PAGE 151 PAGE 51012-30-1998 9-8-1978 is c REEL 3250 PAGE 474 POINT OF 1-12-2011 "" BEGINNING REEL 977 MOST EASTERLY PAGE 46 CJ SE CORNER PETER 8-10-1992 2 �-s 89058,01" W RAYMOND DLC N0. 58 30 01' SIGNED ON: ,2 �l3 „ ......REGISTERED PARCEL 1 ON PROFESSIONAL o LAND SURVEYOR \ 223-43 rn 1,\° PARCEL 2 2 S 89"4100" W �R�G��"q N . VI M 2007 JAM'B'S BURT' ,,,,,,, DRG N REEL 1229 S 90"00 00' W NEIL JOHNSON 60379 PAGE 680 DLC N0. 69 4 3 1995 VALID THROUGH DECEMBER 31, 2019 CLIENT: ICON EXHIBIT "B" ORIG.DATE: JANUARY 23,2018 AtOld ANNEXATION CENTERLINE CONCEPTS DRAWN BY: JBB LAND SURVEYING, INC. MARION COUNTY OREGON 729 MOLALLA AVE., SUITE 1 & 2 SHEET No. 1 of 1 OREGON CITY, OREGON 97045 Scale: I"=200 PHONE 503,650.0166 FAX 503.650,0189 Plotted.• 2/13/2018 - 9:46am, M:\PROJECTS\ICON-BROWN ST\dwg\ANNEXAI]ON.dwg, Layout. Model 61 Exhibit C Analyses & Findings This attachment to the staff report analyzes the application materials and finds through statements how the application materials relate to and meet applicable provisions such as criteria, requirements, and standards. They confirm that a given standard is met or if not met, they call attention to it, suggest a remedy, and have a corresponding recommended condition of approval. Symbols aid locating and understanding categories of findings: Symbol Category Indication Requirement (or guideline) met No action needed Requirement (or guideline) not met Correction needed Requirement (or guideline) not applicable No action needed ......................................................................."..............i .. " ...................................................."......(......................................). Section references are to the Woodburn rn Develo j_� r ��„� ��: u��a�ice Table of Contents Location.........................................................................................................................................................1 LandUse &Zoning........................................................................................................................................1 StatutoryDates.............................................................................................................................................3 AnnexationProvisions ..................................................................................................................................3 ApplicantIdentity..........................................................................................................................................7 Location Address(es) C, 1550, & 1636 Brown St Tax Lot(s) 052W12BC 06600 Nearest Brown Street and Vine Avenue intersection Land Use & Zoning Comprehensive Plan Land Use Designation Low Density Residential Zoning District Residential Single Family (RS), upon annexation Overlay District(s) none Existing Use(s) Rural dwellings ANX 2018-01 Staff Report Attachment 102 Page 1 of 7 62 Exhibit C For context, the zoning is illustrated and tabulated below: �r i' r _ I i Zoning Map Excerpt Cardinal Direction Adjacent Zoning North No City zoning because not yet annexed; would be RS East Northerly: Public and Semi-Public (P/SP) [Mill Creek and wetlands]; Southerly: RS South Easterly: No City zoning because not yet annexed; would be Medium Density Residential (RM) Westerly: N/a because outside the Urban Growth Boundary(UGB) West RS ANX 2018-01 Staff Report Attachment 102 Page 2 of 7 63 Exhibit C Statutory Dates Application May 15, 2018 Completeness 120-Day Final September 15, 2018 per Oregon Revised Statutes (ORS) ??x.178. (The nearest Decision Deadline and prior regularly scheduled City Council date is September 10, 2018.)* *However, the Assistant City Attorney had counseled staff on January 16, 2018 that an annexation request is not subject to the 120-day deadline for final action per 227.178(8). Annexation Provisions Because the proposal is for annexation, per 5.04 it requires a Type IV review with City Council decision. The applicant submitted application materials on April 19, 2018 and revised and additional materials on May 17, 2018 (excerpted within Attachment 103). 5.04.01 Annexation A. Purpose: The purpose of this Type IV review is to provide a procedure to incorporate contiguous territory into the City in compliance with state requirements,Woodburn Comprehensive Plan,and Woodburn Development Ordinance. B. Mandatory Pre-Application Conference: Prior to requesting annexation to the City, a Pre- Application Conference(Section 4.01.04)is required. ... C. Criteria: 1. Compliance with applicable Woodburn Comprehensive Plan goals and policies regarding annexation. 2. Territory to be annexed shall be contiguous to the City and shall either: a. Link to planned public facilities with adequate capacity to serve existing and future development of the property as indicated by the Woodburn Comprehensive Plan; or b. Guarantee that public facilities have adequate capacity to serve existing and future development of the property. 3. Annexations shall show a demonstrated community need for additional territory and development based on the following considerations: a. Lands designated for residential and community uses should demonstrate substantial conformance to the following: 1) The territory to be annexed should be contiguous to the City on two or more sides; 2) The territory to be annexed should not increase the inventory of buildable land designated on the Comprehensive Plan as Low or Medium Density Residential within the City to more than a 5-year supply; ANX 2018-01 Staff Report Attachment 102 Page 3 of 7 64 Exhibit C 3) The territory proposed for annexation should reflect the City's goals for directing growth by using public facility capacity that has been funded by the City's capital improvement program; 4) The site is feasible for development and provides either: a) Completion or extension of the arterial/collector street pattern as depicted on the Woodburn Transportation System Plan; or b) Connects existing stub streets,or other discontinuous streets,with another public street. 5) Annexed fulfills a substantial unmet community need,that has been identified by the City Council after a public hearing. Examples of community needs include park space and conservation of significant natural or historic resources. b. Lands designated for commercial,industrial and other uses should demonstrate substantial conformance to the following criteria: ... D. Procedures: 1. An annexation may be initiated by petition based on the written consent of: a. The owners of more than half of the territory proposed for annexation and more than half of the resident electors within the territory proposed to be annexed; or b. One hundred percent of the owners and fifty percent of the electors within the territory proposed to be annexed; or C. A lesser number of property owners. 2. If an annexation is initiated by property owners of less than half of property to be annexed, after holding a public hearing and if the City Council approves the proposed annexation,the City Council shall call for an election within the territory to be annexed. Otherwise no election on a proposed annexation is required. E. Zoning Designation for Annexed Property: All land annexed to the City shall be designated consistent with the Woodburn Comprehensive Plan,unless an application to re-designate the property is approved as part of the annexation process. F. The timing of public improvements is as follows: 1. Street dedication is required upon annexation. 2. Dedication of public utility easements(PUE) is required upon annexation. 3. Street improvements are required upon development. 4. Connection to the sanitary sewer system is required upon development or septic failure. 5. Connection to the public water system is required upon development or well failure. 6. Connection to the public storm drain system is required upon development. Regarding subsection B., staff hosted the pre-application conference (Pre-App 2017-04) on May 31, 2017. Regarding the criteria of subsection C.: ANX 2018-01 Staff Report Attachment 102 Page 4 of 7 65 Exhibit C 1. The City comprehensive or "comp" plan, Section G. Growth Management and Annexation contains growth management policies, but none that address annexation directly. The territory to be annexed is within the Woodburn Urban Growth Boundary (UGB) and so in this way is consistent with the comp plan. The applicant cites policies including G-2.2(b) as relevant and met: "G-2.2 Woodburn will achieve more efficient utilization of land within the City by: ... (b) Providing the opportunity for the urban in-fill of vacant and under-utilized property that is currently unincorporated and surrounded by the City." Staff concurs. The territory of approximately 18.0 acres contains three houses and is part of a lacuna in city limits. Annexation meets the goal for filling in much of the gap and allowing redevelopment from rural to urban residential density. Assuming a developer's rule of thumb that net acreage entails a loss of 30% of gross acreage, and with the comp plan establishing for single-family houses a minimum density of 5.2 dwelling units per net acre, the territory could accommodate approximately 65 houses. 2. The territory is contiguous to the City. Per the comp plan and with implementation through the WDO, upon development of the territory the City would require improvements that guarantee that public facilities have adequate capacity to serve such development. The Public Works Department identified no impediments to serve the existing three houses, which remain dependent on septic tanks. Additionally, regarding the western context of the territory, the applicant's narrative (p. 2) states: "The subject property needs to be annexed to the City to allow for the most efficient use of public facilities planned for this area. Storm sewer to service future phases of the Boones Crossing subdivision needs to cross this site. Boones Crossing Phase 4 is located adjacent to and west of the subject property. A needed pump station to service these future phases of Boones Crossing is proposed to be located on the subject property and would also provide for sewer service to the proposed annexation area." Staff concurs. Attachment 104 illustrates the location of adjacent Boones Crossing Phase IV, and p. 19 of Attachment 103 is the "shadow plat" illustrating an east-west linear open space and stormwater management tract with a public sewer pump station to serve a region including Boones Crossing and potential development of the territory. 3. Examining the considerations under subsection a.: ANX 2018-01 Staff Report Attachment 102 Page 5 of 7 66 Exhibit C 1) The territory to be annexed is contiguous to city limits on two sides—east and west. 2) The comp plan land use map designates the territory Low Density Residential. The applicant's request to annex indicates anticipated market need for housing types such as detached houses and corner duplexes that would be permitted upon application of the RS zone. Also, there is no oversupply of annexed Low Density Residential because the vast majority of such land is under active land use entitlement—such as for planned unit development and subdivisions—or building permit reviews or is undergoing construction, such that the supply with the annexation would not exceed five years. 3) The annexation includes Brown Street right-of-way (ROW) and extends City limits along this major thoroughfare. Major infrastructure for the three major utilities— potable water, sanitary sewer, and stormwater management—follow along or under streets. The Transportation System Plan (TSP), Figure 7-1 (Attachment 105) indicates long-range planning for Brown Street to extend south to the edge of the UGB along which an as-yet-unnamed southern Minor Arterial class road would connect west to Butteville and east across Mill Creek to U.S. 99E/ N. Pacific Highway. Additionally, the comp plan above and beyond the TSP plans for utility infrastructure through Section I. Public Facilities. Upon development, the City requires improvements of developers to upgrade and extend planned infrastructure. In turn, the City capital improvement plan (CIP) correspondingly budgets for such planned infrastructure. Additionally, regarding the western context of the territory and sanitary sewerage in particular, the applicant's narrative (p. 2) states: "The public facilities in this area are either available or, in the case of a sanitary sewer pump station needed to service Boones Crossing and the subject property, will be fully funded under the terms of an adopted development agreement, specifically the 'Statutory Development Agreement for Phases 3, 4, 5, and 6 of the Boones Crossing Planned Unit Development between City of Woodburn, Oregon; Premier Development, LLC;Woodburn Development, LLC; Nancy Bocchi; and Faye Zimmer' executed December 12, 2016 with recordation dated December 20, 2016 as Marion County Reel 3893, Page 245." Staff concurs. 4) The mostly flat site with no obvious physical constraints (other than a northerly broad and shallow depression channeling stormwater east towards Mill Creek) is ANX 2018-01 Staff Report Attachment 102 Page 6 of 7 67 Exhibit C physically feasible for urban residential redevelopment. Regarding subsection a), development would extend Brown Street, which TSP Figure 7-1 classifies as a Service Collector. Subsection b) is not applicable. 5) The applicant asserts no unmet community need, and the Council has not yet identified such a need. Regarding D., the applicant obtained the requisite written consent and such that no election is needed. Regarding E., the applicant confirms the proposal includes no request to amend the land use designation or rezone the territory to a zone other than RS. Regarding F., the applicant addresses subsection 1. by transferring adjacent Brown Street ROW to the City. Regarding subsection 2., Public Works staff indicated that dedication of public utility easements (PUEs) is deferred until development. The criteria are met. Applicant Identity Applicant Mark Handris, Owner & Residential Project Manager Icon Construction and Development, LLC Applicant's Rick Givens, Planning Consultant Representative Landowners) Woodburn Development LLC (all three lots); Icon Construction and Development, LLC (also for Tax Lot 200 only) ANX 2018-01 Staff Report Attachment 102 Page 7 of 7 68 COUNCIL BILL NO. 3078 ORDINANCE NO. 2564 AN ORDINANCE APPROVING A ZONING MAP AMENDMENT ON APPROXIMATELY 18 ACRES OF ANNEXED TERRITORY KNOWN AS BROWN STREET PROPERTIES, LOCATED AT 1490, 1550, & 1636 BROWN STREET, MARION COUNTY, OREGON AS RESIDENTIAL SINGLE FAMILY (RS) ZONING DISTRICT WHEREAS, the subject property is owned by Icon Construction and Development, LLC, and is legally described in Exhibit "A" and mapped in Exhibit "B", which are affixed hereto and by this reference incorporated herein; and WHEREAS, consistent with Oregon Revised Statutes (ORS) 222.1 1 1 (2), the owner of real property in the territory initiated by petition a proposal for annexation, a copy of the petition being on file with the City Recorder (ANX 2018-01 ); and WHEREAS, the subject property is already within the Woodburn Urban Growth Boundary (UGB) and has an existing Comprehensive Plan map land use designation of Low Density Residential; and WHEREAS, the landowner as applicant requested that, consistent with Woodburn Development Ordinance (WDO) 5.04.01 E., the City designate the annexed territory as Residential Single Family (RS), which is one of two zoning districts that are consistent with the Comprehensive Plan per Policy Table 1 ; and WHEREAS, this zoning map designation is contingent upon annexation of the subject property to the City of Woodburn, for which the applicant has petitioned and filed the petition with the City Recorder; and WHEREAS, on June 28, 2018 the Woodburn Planning Commission considered the annexation application and, after a duly advertised public hearing, recommended approval of the annexation; and WHEREAS, on August 13, 2018, the Woodburn City Council held a public hearing, reviewed the record, heard all public testimony presented on said application, and, upon deliberation, concluded that the proposed annexation meets the applicable approval criteria under City of Woodburn Development Ordinance (WDO) 5.04.01 C.; NOW, THEREFORE, Page - 1 - Council Bill No. 3078 Ordinance No. 2564 69 THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Upon the effective date of the annexation enacted by Ordinance 2563 being considered contemporaneously with this request, the Woodburn Zoning Map is amended designating the zoning on the subject property described in Exhibit "A" and mapped in Exhibit "B" as Residential Single Family (RS). Approved as to form: City Attorney Date Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page - 2 - Council Bill No. 3078 Ordinance No. 2564 70 r A�A CENTERLINE CONCEPTS LAND SURVEYING, INC. 729 Molalla Avenue, Ste. 1 and 2, Oregon City, OR 97045 P. 503-650-0188 F. 503-650-0189 Exhibit "A" Annexation Legal Description A Tract of land being conveyed to Zinalda Toran in Reel 3480, Page 62, Recorded March 8, 2013, along with a Tract of land conveyed to DMHP, LLC in Reel 2867, Page 57, Recorded September 17, 2007, Marion County Deed Records, property recorded in Reel 3250, Page 474, and a portion of Brown Street, conveyed to Marion County by Deed Recorded August 10, 1973, Marion County Deed Records, located in the Southwest 1/4 of Section 18, Township 5 South, Range 1 West of the Willamette Meridian, County of Marion, State of Oregon, being more particularly described as follows: BEGINNING at the most Easterly Southeast corner of the Peter Raymond Donation Land Claim No. 58, being coincident with the Southeast corner of that Tract of land conveyed to Don Forbes in Reel 3250, Page 474, recorded January 12, 2011, Marion County Deed Records; thence along the Claim line between said Raymond DLC and the Claim line of the Neil Johnson DLC No. 69, S89041'00"W, 223.43 feet to a 3/4 inch iron pipe, being an angle point in said Raymond Claim line; thence continuing along said Raymond Claim line, S01016'00"W, 85.12 feet to an 3/4 inch iron pipe; thence along the South line of said Forbes Tract, S90100'00"W, 200.58 feet to a 5/8 inch iron rod set in Survey No. 18989, Marion County Survey Records, being on the East line of Partition Plat No. 2001-74, Marion County Plat Records; thence along said East line, N01032'20"W, 293.49 feet to the Northeast corner of said Partition Plat; thence along the North line of said Partition Plat, S89°58'01"W, 30.01 feet to the East line of that Tract of land conveyed to Ivan Tipikin and Vera Tipikin in Reel 977, Page 46, Recorded December August 10, 1992, Marion County Deed Records; thence along said East line of said Tipikin Tract, the East line of that Tract of land conveyed to Ronald H. Southard and Lisa G. Southard in Reel 138, Page 510, Recorded September 8, 1978, Marion County Deed Records, the East line of that Tract of land conveyed to Richard E. Hart and Linda C. Hart in Reel 1659, Page 302, Recorded December 27, 1999, Marion County Deed Records, N01°32'20"VV, 600.31 feet to the Northeast corner thereof; thence a PR 19 201 COMMUN0 DEVELOPMENT 1WPA T T 71 South line of that Tract of land conveyed to DMHP, LLC in Reel 2867, Page 57, Recorded September 17, 2007, Marion County Deed Records, N90000'00"W, 260.62 feet to the Southwest corner thereof; thence along the West line of said Tract, N00133'40"W, 411.29 feet to the Northwest corner thereof; thence along the North line of said Tract, S88057'30"E, 253.77 feet to the Northeast: corner thereof; thence along the East line of that Tract of land conveyed to Gertrude Vasquez in Reel 1425, Page 81, Recorded September 12, 1997, Marion County Deed Records, N01032'20"W, 163.58 feet to the Northeast corner of said Vasquez Tract; thence along the Easterly extension of said North line, S90000'00"E, 30.01 feet to a point being 30.00 feet West of the West fine of that Tract of land conveyed to Martin Edward Fleck and David George Bradley in Reel 2699, Page 359, Recorded August 31, 2006, Marion County Deed Records when measured at right angles; thence Westerly of, Parallel with, and 30.00 feet distant from said West line, N01°32'20"VV, 163.78 feet to a point on the South Right of Way line of Vine Avenue; thence along said South line, N90100'00"E, 30.01 feet to the West line of that Tract of land conveyed to Martin Edward Fleck and David George Bradley in Reel 2699, Page 359, Recorded August 31, 2006, Marion County Deed Records; Thence along the West line of said Fleck and Bradley Tract S01032'20E, 328.45 feet to the Southwest corner of said Fleck and Bradley Tract; thence along the South line of said Fleck and Bradley Tract, being coincident with the North line of that Tract of Land conveyed to Zinalda Toran in Reel 3480, Page 62, Recorded March 8, 2013, Marion County Deed Records, S88057'30"E, 658.72 feet to a 5/8 inch iron rod set at the Northeast corner of said Toran Tract, and the East line of said Raymond Land Claim in said Survey No. 18989; thence along said East line, S10°44'38"W, 1222.14 feet to the POINT OF BEGINNING. CONTAINS 842,375 Square Feet More or Less. Subject to Easements of Record. SIGNED ON;REG01%(M 'E I LAND SURVEYOR EGON NOVEMBER 30, 2001*7 JAMES 00 ON BROWN VAUD THROUGH DECEMBER 31, 20- 72 " " E A W N 90, E SOUTHWEST 1/4 OF SECTION 18, N 01'32'20" W TOWNSHIP 5 SOUTH, RANGE 1 WES 7 163.78' OF THE WILLAMETTE MERIDIAN. S 90 00 00 REEL 2699 30.01 � �' ,� �30" " PAGE 359 S 01',32'20' 20" E 8-31-2006 60': ' -._ 328.45' W i N 01'32'20" W d 163.58= W� I S 88'57'30 E 658.72' N 253.77" S 88'5 ''x"0'"' E 688.75 —50' N 3 N N V.1 W REEL 3480 ' o, Q PAGE 62 O CDC 3-8-2013 � N 90'00'00 W 260.62 morn du Q- 559.66' a Z du 6 ' EAST LINE PETER RAYMOND DLC NO. 58 N 90 00'00" W 589.67' mol' REEL 1554 REEL 138 PAGE 151 PAGE 51012-30-1998 9-8-1978 is c REEL 3250 PAGE 474 POINT OF 1-12-2011 "" BEGINNING REEL 977 MOST EASTERLY PAGE 46 CJ SE CORNER PETER 8-10-1992 2 �-s 89058,01" W RAYMOND DLC N0. 58 30 01' SIGNED ON: ,2 �l3 „ ......REGISTERED PARCEL 1 ON PROFESSIONAL o LAND SURVEYOR \ 223-43 rn 1,\° PARCEL 2 2 S 89"4100" W �R�G��"q N . VI M 2007 JAM'B'S BURT' ,,,,,,, DRG N REEL 1229 S 90"00 00' W NEIL JOHNSON 60379 PAGE 680 DLC N0. 69 4 3 1995 VALID THROUGH DECEMBER 31, 2019 CLIENT: ICON EXHIBIT "B" ORIG.DATE: JANUARY 23,2018 AtOld ANNEXATION CENTERLINE CONCEPTS DRAWN BY: JBB LAND SURVEYING, INC. MARION COUNTY OREGON 729 MOLALLA AVE., SUITE 1 & 2 SHEET No. 1 of 1 OREGON CITY, OREGON 97045 Scale: I"=200 PHONE 503,650.0166 FAX 503.650,0189 Plotted.• 2/13/2018 - 9:46am, M:\PROJECTS\ICON-BROWN ST\dwg\ANNEXAI]ON.dwg, Layout. Model 73 �'I'1�r I Iii♦ r} Y 9M& Its BU Pri,,�<;rrt rr rf aA'!87 August 13, 2018 TO: Honorable Mayor and City Council through City Administrator FROM: Mel Gregg, Human Resources Director SUBJECT: Award a Contract for Administration of 457(b) and 401(a) Deferred Compensation Retirement Plans and Associated Services RECOMMENDATION: That the Woodburn City Council, acting in its capacity as the Local Contract Review Board, award a Contract for administration of 457(b) and 401 (a) deferred compensation retirement plans and associated services to ICMA-RC and authorize the City Administrator to sign the Agreement. BACKGROUND: With the assistance of financial and retirement planning consultant, Northwest Capital Management ("NWCM"), and in consultation with the other City Departments, the Human Resources Department solicited proposals for the administration of the City's 457(b) and 401 (a) deferred compensation retirement plans, including the administration, recordkeeping, education, and enrollment services tied to each plan for all eligible City Employees. The City currently has two 457(b) plans; one with ICMA-RC and the other with Forester's Financial. The 457(b) plan with ICMA-RC was established in June of 1993. The 457(b) plan with Forester's Financial was established in September of 1972. The City also has two 401 (a) plans; both with ICMA-RC. Through this RFP process, the City sought to retain the services of a single deferred compensation retirement plan administrator. The result being a consolidation of the Current Plan administrators to one firm, with the goal of offering participants a streamline investment option at a lower cost. DISCUSSION: The City advertised a Request for Proposal (RFP) for these services with a closing date of May 21, 2018. Six (6) qualified proposals were received. The prospective firms were evaluated based on firm organization, investment platform, Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance—x- 74 Honorable Mayor and City Council August 13, 2018 Page 2 participant services, plan sponsor services, conversion, and cost. ICMA-RC was rated overall highest by a selection committee that relied upon analysis and a scoring methodology provided through the NWCM consultant (see attached). The procurement process for soliciting these services and awarding the contract were carried out in conformance with the City's Public Contracting Rules and the State of Oregon public contracting laws (ORS Chapter 279A and 27913). FINANCIAL IMPACT: Plan fees and Investment Expenses for 457(b) and 401 (a) deferred compensation retirement plans are paid for directly by enrolled employees, not the City. Historically, Plan Administrative Fees to the City's two incumbent providers totaled approximately $70,335 per year. ICMA-RC's proposal consolidating these services would reduce the fee to approximately $9,588, reflecting an administrative savings of over $60,000. Additionally, the new investment line-up offered through ICMA-RC will reduce the mutual fund investment expenses from an average of 0.26% to 0.21%. ATTACHMENTS: 1 . Notice of Intent to Award 2. NWCM Executive Summary, Scoring Methodology, and Scoring Summary Document 75 0 August 8, 2018 NOTICE OF INTENT TO AWARD 457(b) & 401(a) Deferred Compensation Retirement Plans The City of Woodburn has entered into negotiations with ICMA-RC to provide administration, recordkeeping, education, and enrollment services for 457(b) and 401 (a) deferred compensation retirement plans for City Employees and will recommend award of this contract at the August 13, 2018, City Council Meeting. If you have any questions or concerns, please contact Carrie Hepburn at Northwest Capital Management, Inc. Please cc Brent Petty on any correspondence. Contact Information: Carrie Hepburn Brent Petty carrieh@nwcm,com brentp@nwcm,com (503) 597-1622 (503) 597-1635 Mel Gregg Human Resources Director City of Woodburn 270 Montgomery St. Woodburn, OR 97071 P: 503-982-5231 F: 503-982-2376 M: 971-951-0391 76 co U '+ O Q) c U Q) O �O i Q) IT Q) Q) > U) Q) c� O cn — 6 m O U) Q) ° o C) .0 O `~ — c0 Q -0 c >1 U Z 0 c 0 —N .._. Q' +-- N N 7 E U) O N -0 N N C � U> C N cn 0 E N N O cn LN N Q) co mN F L L c co cn + O N cC0 0 m O L .�._. C Q cn O N cn .O N Q c0 Q E N � c0 m > O c D 0 O ■ +� cn .C — O — ............ Oz O C ^ Q Q cin E 0 L L O cn �D O N N .�- +� I� N C U C O O C N L _ O c0 _ C) O L 'L cn 0 ..'..'. OL Cf) `......1 N m O E = N Q) O O .0 0cn C C *-' C C U) O N C + N '� c0 (0 i N E O N > 7 N .�... E U Q C C Q U) U) N �.C? P■� O + i■■L c�0 Q C U) � = C cn = O o E O C Lo m cn N O L � +� > O N �, ........,. 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LL v uJ —iZ Z > 0 ��VVI�rrri cc N cc cc N co C/) C/) 0) C6 _ N = co U N C6 4-J U N N � O � cCf) LC) N CB j N �z cc U U N cc U O C/) -0 Co U N +� O U C/) Q 0 N _co C6 .i } �-- N a_ O U z N U Hca • cf) Co i CD- U U CB Occ O co O N • UO = Cn O O Cf) N> O CD -0 � o O cc� � � O Cl) o (1) 0 +� 0 O o 0 O U o N cc cc Co co C)� i 0 O O LL C/) V O cn 80 �'I'1�r I Iii♦ r} Y 9M& Its BU Pri,,�<;rrt rr rf aA'!87 August 13, 2018 TO: Honorable Mayor and City Council FROM: Jim Row, Assistant City Administrator SUBJECT: Utility Assistance Program - Additional Funding RECOMMENDATION: Authorize the distribution of an additional $5,000 to Love INC of North Marion County (Love INC) for the continued administration of the City's utility assistance program. BACKGROUND: In FY 15/16, the City Council approved the execution of a contract for the administration of a utility assistance program with Mid-Willamette Valley Community Action Agency (MWVCAA). That agreement was terminated approximately 12 months later, after it was determined that MWVCAA did not provide assistance to any Woodburn residents. In November 2016, the City entered into a similar agreement with the Society of St. Vincent DePaul (SVDP). Through April 2018, SVDP issued assistance totaling $1 ,675 to 23 Woodburn residents. Through the agreement close out process SVDP provided the City with all of the remaining funds that haven't been disbursed on behalf of utility customers. Love Inc began providing assistance to utility customers on May 15, 2018. Through July 20, 2018, assistance totaling $3,245.30 has been provided to 23 account holders. Per the terms of our agreement, Love Inc has retained $251 .90 as reimbursement for administrative expenses to date. It is clear that Love INC has been successful in providing assistance to significantly more utility customers that has been provided at any point during the program's nearly three year history. Agenda Item Review: City Administrator_X_ City Attorney_X_ Finance_X_ 81 Honorable Mayor and City Council August 13, 2018 Page 2 DISCUSSION: The City typically issues 15-20 shut of notices each week. The majority of the accounts are brought current, resulting in approximately 5-8 actual weekly shut offs. The City's utility assistance program is intended to provide aid to residents who are experiencing difficulty in paying theirwater/ sewer bills. Qualifying applicants will be eligible to receive a maximum of $150.00 per account per 12-month period. Financial assistance will be paid directly to the City and will be applied to the customers' outstanding balance. Eligibility criteria established for the utility assistance program is as follows: • Applicant resides in the City of Woodburn and demonstrates an emergency need • Applicant is the City of Woodburn utility account holder for which assistance is requested or an individual who has demonstrated financial responsibility for the delinquent account • Applicant has received and can show a past due notice and/or shut-off notice due to utility-related fees • Applicant has not received more than $150.00 in utility assistance from this Program during the previous 12 months • Applicant can show that Applicant or Applicant's demonstrated financial need meets Love INC's established criteria FINANCIAL IMPACT: Through the agreement close out process, SVDP returned approximately $8,000 in undisbursed funds to the City. Love INC's initial $5,000 in funding was provided from these funds. The additional $5,000 will be provided from the General Fund. 82 �'I'1�r I Iii♦ r} Y 9M& Its BU Pri,,�<;rrt rr rf aA'!87 August 13, 2018 TO: Honorable Mayor and City Council through City Administrator FROM: Brian Miles, Information Technology Manager SUBJECT: Municode Contract Award for Website Design Services RECOMMENDATION: That the Woodburn City Council, acting in its capacity as the Local Contract Review Board, award a contract for website design services to Municipal Code Corporation dba Municode and authorize the City Administrator to sign the Agreement. BACKGROUND: In May 2018 a committee of City staff issued a request for proposal (RFP) for website design services to update the existing website. Key objectives identified in the RFP included a website that is: • Informative • Easy to navigate • Easy to edit • Nice looking • Mobile friendly • Secure • ADA compliant • Search engine optimized Desired features include: • Calendar feature • Location mapping • Search-enabled • Social media friend) • Multi-language translation • Full website backup • 3rd party integration • Allows fillable forms The City advertised a Request for Proposal (RFP) for website design services with a closing date of May 23, 2018. Twenty-three (23) proposals were received, seven (7) were selected for evaluation, and two (2) were invited to interview. The procurement process for soliciting these services and awarding the contract were carried out in conformance with the City's Public Contracting Rules and the State of Oregon public contracting laws (ORS Chapter 279A and 279B). Municode was rated overall highest by a selection committee. Agenda Item Review: City Administrator_x_ City Attorney_x Finance_x- 83 Honorable Mayor and City Council August 13, 2018 Page 2 DISCUSSION: City staff currently develops the website content, so the site is subject to the developer's creativity. Municode will provide website format options that allows for creativity while retaining a consistent platform for a reader-friendly experience. The contract is also inclusive of a meeting and agenda management module with features such as agenda approval workflow, Council roll call and voting, in-meeting minutes, and auto creation of Word/pdf agenda packets with bookmarked links to each agenda item's detail files. The implementation project is estimated to be completed within nine months. During this time, there will be opportunities for staff and community members to provide input, and training for staff members responsible for website content development. FINANCIAL IMPACT: The Municode contract is for a five-year term, with three optional one-year renewal terms. The proposal cost for website redesign and meeting and agenda management is estimated at $28,400 for the first year, with subsequent costs of $8,400 per year. The first year cost was included in FY 2018-19 Information Technology budget. 84