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October 29, 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 OCTOBER 29, 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 A1212ointments A. Planning Commission 1 - Merri Berlin 4. COMMUNITY/GOVERNMENT ORGANIZATIONS None. 5. PROCLAMATIONS/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. 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 Meeting minutes of September 24, 2018 2 Recommended Action: Approve the minutes. B. Woodburn City Council Meeting Executive Session minutes of 5 September 24, 2018 Recommended Action: Approve the minutes. 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.** October 29, 2018 Council Agenda Page i C. Woodburn Special City Council Meeting minutes of October 9,2018 6 Recommended Action: Approve the minutes. D. Woodburn City Council Meeting Executive Session minutes of 7 October 9, 2018 Recommended Action: Approve the minutes. E. Woodburn Planning Commission Meeting minutes of June 28, 2018 9 Recommended Action: Receive the minutes. F. Acceptance of Public Utility Easement at 1055 MT. Hood Avenue, 13 Woodburn, OR 97071 (Tax Lot 051 W08BC00600) Recommended Action: That City Council authorize the dedication of public utility easement granted by KWG Enterprises, LLC for the property located at 1055 Mt. Hood Avenue, Woodburn, OR 97071 (Tax Lot 051 W08BC00600). G. Building Activity for September 2018 21 Recommended Action: Receive the report. H. Crime Statistics through September 2018 22 Recommended Action: Receive the report. 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS A. Annexation and Development of Approximately 150 Acres of Territory 27 known as the Smith Creek Development generally north and west of 690 Ben Brown Ln (ANX 2017-05 etc.) Recommended Action: Staff recommends that the Council consider the staff report and attachments, hold a public hearing, approve with the conditions the consolidated applications constituting the Smith Creek Development, and instruct staff to prepare ordinances and a resolution to substantiate a Council approval. 11. 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. None. October 29, 2018 Council Agenda Page ii 12. 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. 13. CITY ADMINISTRATOR'S REPORT 14. MAYOR AND COUNCIL REPORTS 15. EXECUTIVE SESSION None. 16. ADJOURNMENT October 29, 2018 Council Agenda Page iii WDBUwQ R� Pi arra " led Ph i• October 24, 2018 TO: City Council FROM: Kathy Figley, Mayor SUBJECT: Committee Appointment The following appointment is made, subject to the approval of the Council. Please forward any adverse comments to me prior to the Council meeting on Monday, October 29, 2018. No reply is required if you approve of my decision. Planninq Commission Merri Berlin 1 COUNCIL MEETING MINUTES SEPTEMBER 24, 2018 0:00 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 24, 2018 CONVENED The meeting convened at 7:00 p.m. with Council President Lonergan presiding. ROLL CALL Mayor Figley Absent Councilor Carney Present Councilor Lonergan Present Councilor Schaub Present Councilor Morris Present Councilor Ellsworth Present—7:16 Councilor Serratos Present Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Administrator Row, Public Works Director Liljequist, Economic Development Director Johnk, Police Chief Ferraris, Library Manager Hunter, City Engineer Garcia, Communications Coordinator Moore, Community Relations Manager Gutierrez-Gomez, City Recorder Pierson COMMUNITY GOVERNMENT ORGANIZATIONS Woodburn Chamber of Commerce - Tourism Update— Stuart Rodgers, Executive Director of the Woodburn Chamber of Commerce, and Economic Development Director Johnk provided an update on the Woodburn Tourism Development Plan and provided information on the accomplishments of the first two years of the plan. PRESENTATION First Street Public Survey/Design Recommendation — City Engineer Garcia and Economic Development Director Johnk provided the results of the First Street design recommendations survey. Councilor Carney stated that he has no problem incorporating the survey results and added that he would like to see something done to tighten the wires on the power poles. Councilor Morris asked if it was possible for the bulb-outs to be removed. Economic Development Director Johnk stated that would be a call for the City Council and the work would need to be re-engineered. Councilor Lonergan stated that he would like to have a discussion now about whether the Council wants to see if the design can be re-engineered without them. City Engineer Garcia stated that some of the bulb-outs would need to stay for ADA reasons. There was a consensus of the Council that staff evaluate an alternate street design that does not include bulb-outs due to pedestrian and truck traffic concerns. There was a consensus of the City Council to include the results of the survey into the project. CONSENT AGENDA A. Woodburn City Council minutes of September 10, 2018, B. New Outlet, Limited On-Premise Sales for Bar 347, C. Crime Statistics through August 2018. Ellsworth/Schaub... adopt the Consent Agenda. The motion passed unanimously. COUNCIL BILL NO. 3080 — A RESOLUTION RENAMING LIBRARY PARK AS Page 1 - Council Meeting Minutes, September 24, 2018 2 COUNCIL MEETING MINUTES SEPTEMBER 24, 2018 LIBRARY SQUARE Carney introduced Council Bill No. 3080. City Recorder Pierson read the bill by title only since there were no objections from the Council. Library Manager Hunter provided a staff report. On roll call vote for final passage, the bill passed 5-1 with Councilor Morris voting nay. Council President Lonergan declared Council Bill No. 3080 duly passed. ORDINANCE REVIEW/REVISION City Attorney Shields provided a staff report. Councilor Ellsworth stated that she would like the ordinance that allows for chicken's to be reviewed. Serratos/Morris... Accept the report regarding the status of the Ordinance Review/Revision Project. The motion passed unanimously. CITY ADMINISTRATOR'S REPORT City Administrator Derickson introduced Tommy Moore, the City's new Public Affairs and Communications Coordinator. Mr. Moore introduced himself to the City Council. City Administrator Derickson stated that he will be attending the League of Oregon Cities annual conference this week and announced that he has been nominated by OCMA to be on the League of Oregon Cities Board. He also mentioned that the first hearing on the Smith Creek Project is taking place at this Thursday's Planning Commission meeting. He added that he had a meeting with the Downtown Association about some future partnerships and other issues downtown. MAYOR AND COUNCIL REPORTS Councilor Lonergan stated that he attended the Community Celebration and that it was a great event. Councilor Ellsworth stated that she also attended the community celebration. She added that she will be attending the League of Oregon Cities conference and is signed up to take the mural tour in Eugene. Councilor Schaub stated that she will also be attending the League of Oregon Cities conference and the mural tour. EXECUTIVE SESSION Council President Lonergan entertained a motion to adjourn into executive session under the authority of ORS 192.660 (2)(i). Morris/Schaub... move into executive session. The motion passed unanimously. The Council adjourned to executive session at 8:39 p.m. and reconvened at 9:46 p.m. Council President Lonergan stated that no action was taken by the Council while in executive session. Schaub/Ellsworth...award five days to the vacation bank for Bob Shields our City Attorney. The motion passed unanimously. Schaub/Morris... add five day's to the vacation bank plus add one year to the City Page 2 - Council Meeting Minutes, September 24, 2018 3 COUNCIL MEETING MINUTES SEPTEMBER 24, 2018 Administrators four year contract for Scott Derickson. The motion passed unanimously. ADJOURNMENT Morris/Schaub... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:50 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 3 - Council Meeting Minutes, September 24, 2018 4 EXECUTIVE SESSION COUNCIL MEETING MINUTES SEPTEMBER 24, 2018 DATE CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 24, 2018 CONVENED The Council met in executive session at 8:40 p.m. with Council President Lonergan presiding. ROLL CALL Mayor Figley Absent Councilor Carney Present Councilor Lonergan Present Councilor Schaub Present Councilor Morris Present Councilor Ellsworth Present Councilor Serratos Present Council President Lonergan reminded Councilors and staff that information discussed in executive session is not to be discussed with the public. Media Present: None. Staff Present: City Administrator Derickson, City Attorney Shields, City Recorder Pierson The executive session was called: To review and evaluate, pursuant to standards, criteria and policy directives adopted by the governing body, the employment-related performance of the chief executive officer of any public body, a public officer, employee or staff member unless the person whose performance is being reviewed and evaluated requests an open hearing pursuant to ORS 192.660 (2)(i). ADJOURNMENT The executive session adjourned at 9:46 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 1 —Executive Session, Council Meeting Minutes, September 24, 2018 5 SPECIAL COUNCIL MEETING MINUTES OCTOBER 9, 2018 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 9, 2018 CONVENED The meeting convened at 6:31 p.m. with Council President Lonergan presiding. ROLL CALL Mayor Figley Absent Councilor Carney Present Councilor Lonergan Present Councilor Schaub Present Councilor Morris Absent Councilor Ellsworth Present Councilor Serratos Absent Staff Present: City Administrator Derickson, Assistant City Attorney Granum, Assistant City Administrator Row, Economic and Development Director Johnk, Communications Coordinator Moore, City Recorder Pierson EXECUTIVE SESSION Council President Lonergan entertained a motion to adjourn into executive session under the authority of ORS 192.660 (2)(h), ORS 192.660 (2)(f), ORS 192.660(2)(e), Schaub/Ellsworth... move into executive session. The motion passed unanimously. The Council adjourned to executive session at 6:32 p.m. and reconvened at 7:23 p.m. Council President Lonergan stated that no action was taken by the Council while in executive session. ADJOURNMENT Ellsworth/Schaub... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:23 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon 6 EXECUTIVE SESSION COUNCIL MEETING MINUTES OCTOBER 9, 2018 DATE CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 9, 2018 CONVENED The Council met in executive session at 6:32p.m. with Council President Lonergan presiding. ROLL CALL Mayor Figley Absent Councilor Carney Present Councilor Lonergan Present Councilor Schaub Present Councilor Morris Absent Councilor Ellsworth Present Councilor Serratos Absent Council President Lonergan reminded Councilors and staff that information discussed in executive session is not to be discussed with the public. Media Present: None. Staff Present: City Administrator Derickson, Assistant City Attorney Granum, Assistant City Administrator Row, Economic and Development Director Johnk, Communications Coordinator Moore, City Recorder Pierson The executive session was called: To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660 (2)(h). To consider records that are exempt by law from public inspection pursuant to ORS 192.660(2)(f). To conduct deliberations with persons designated by the governing body to negotiate real property transactions pursuant to ORS 192.660(2)(e). ADJOURNMENT The executive session adjourned at 7:23 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson, City Recorder Page 1 —Executive Session, Council Meeting Minutes, October 9, 2018 7 City of Woodburn, Oregon Page 2 —Executive Session, Council Meeting Minutes, October 9, 2018 8 WOODBURN PLANNING COMMISSION PUBLIC HEARING/MEETING MINUTES June 28, 2018 CONVENED: The Planning Commission met in a public meeting session at 7 p.m. in the City Hall Council Chambers, with Chair Charles Piper presiding. ROLL CALL: Chair Piper Present Vice-Chair Bandelow Present Commissioner Aiken Present Commissioner Corning Present Commissioner Dos Reis Present Commissioner Lassen Present Commissioner Vacant Staff Present: Chris Kerr, Community Development Director McKenzie Granum, Assistant City Attorney Colin Cortes, Senior Planner Introduction Chair Piper opened the workshop/meeting at 7 pm, and led the Commissioners in the flag salute. Minutes None Business from the Audience None Communication None Public Hearing: A. Brown Street Properties / Icon Annexation (ANX 2018-01) A request to bring County property into City jurisdiction. Senior Planner Cortes gave the staff presentation. Commissioners Bandelow and Dos Reis disclosed ex parte contact, but stated that it would not affect their decision. 1 9 Proponent Testimon Rick Givens, Planning Consultant for Icon Construction and Development, 18680 Sun Blaze Drive, Oregon City, stated that the primary reason for annexing at this time is to install a regional pump station facility on this property. Eventually, Boones Crossing 4, 5 and 6 will file subdivision applications. Opponent Testimony: No testimony given by direct opponents of the proposed application. Commission Deliberation: Commissioner Bandelow stated that the proposal fit right in. Chair Piper entertained a motion to approve recommendation to the City Council regarding the Brown Street properties request for annexation, ANX 2018-01. Commissioner Bandelow seconded the motion. It passed by a unanimous vote of the Commission (6-0). The recommendation will go before the City Council on August 13, 2018. B. Salem Health Clinic (DR 2018-03 & VAR 2018-01) Proposal to build a two-story medical clinic of 30,700 square feet for Salem Health at the west side of the Woodburn Station strip mall. Senior Planner Cortes gave the staff presentation. Commissioner Bandelow asked for clarification as to whether the temporary modular clinic has the option of remaining permanently. Senior Planner Cortes said that it might remain. Staff has a list of conditions to comply with if it becomes permanent. It is significantly better than most modular buildings and not radically different from other strip malls. Chair Piper asked if the modular has fire sprinklers and Senior Planner Cortes responded that it does not, but if it becomes a permanent structure, fire suppression would be required. Chair Piper questioned the variance requirement for exceeding maximum exterior lighting, as long as the light is fully shielded from bleeding outwards. Director Kerr agreed that a Woodburn Development Ordinance (WDO) modification allowing maximum lighting requirements could avoid being a variance trigger in the future, if the focus was on the shielding instead. Commissioner Aiken asked if there would be overnight patients in the either medical clinic, expressing concerns about fire hazards. 2 10 Appiicant Testimony. Alden Kasiewicz, 5405 NE 29th Ave, Portland, OR 97211, architect on the project, stated that no patients would be staying overnight. The permanent medical clinic is meant for primary care, urgent care, lab and imaging equipment clinic. The modular is a modern medical facility built to a very high standard, meeting all codes. It is meant for primary care and determining the community's needs. l ropenents/Opponents: No testimony given by direct proponents or opponents of the proposed application. Hearing Closed Commission Deliberation: Chair Piper noted his understanding that the Certificate of Occupancy would not be issued for the permanent medical clinic until the modular is removed. If the modular becomes permanent, both right-of-way and sprinkler system issues must be resolved. Senior Planner Cortes said that there is a three-year approval expiration date for the design review on the new building. One condition for final approval is that issues with the modular must be resolved prior to occupying the new building. The Chair entertained a motion for approval of DR 2018-03 and VAR 2018-01, subject to the amended conditions of approval and allowing the Chair to sign the Final Order. The motion was moved by Commissioner Bandelow and seconded by Commissioner Corning. The motion passed by unanimous vote of the Commission (6-0). Business from the Commission Chair Piper complimented Senior Planner Cortes for his clear and concise work in resolving land use application obstacles prior to his Planning Commission presentations. Updates to Staff- Director Kerr There is no Planning Commission meeting on July 12, but possibly on July 26. Director Kerr gave a presentation to the City Council regarding LA 2018-01 (PUD's) and LA 2018-02 (ADU's), including the Planning Commission's recommendations. The July 9 Council meeting will be a formal public hearing. Development activity includes the self-storage on Hwy 214, Success High School, which may open in the fall, Fazzoli's Restaurant, the Lincoln St Apartments, and Colonia Unidad, a farmworker-supported 44 unit, four building 3 11 development, which should begin construction in the fall. There is no further information regarding the Young Street Market. Commissioner Corning said that she heard that the County finalizing their foreclosure on the property with the burned house that was recently cleared away. Modifications to the WDO, including lighting standards, will be discussed in a future Planning Commission meeting at the end of the summer. Adjournment .. The meeting was a ed. APPROVED Char a r, ai Date ATTEST Chris rr Date Community Development Director City of Woodburn, Oregon 4 12 WDBUwQ R� Pi arra " led Ph i• October 22, 2018 TO: Honorable Mayor and City Council through City Administrator FROM: Eric Liljequist, Public Works Director SUBJECT: Acceptance of Public Utility Easement at 1055 MT. Hood Avenue, Woodburn, OR 97071 (Tax Lot 051W08BC00600) RECOMMENDATION: That City Council authorize the dedication of public utility easement granted by KWG Enterprises, LLC for the property located at 1055 Mt. Hood Avenue, Woodburn, OR 97071 (Tax Lot 051 W08BC00600). BACKGROUND: The property owner is required to provide a 16-foot wide public waterline easement in order to satisfy the conditions of approval of Design Review (DR 2017- 07). DISCUSSION: The 16-foot wide public waterline easement is located along the interior of the property, extending to the northerly and easterly property limits to provide a connection for potential development on the adjoining parcels. The 16-foot wide public waterline easement provides a permanent easement and right-of-way to construct, reconstruct, operate, and maintain a public water line. FINANCIAL IMPACT: There is no cost to the City for the Public Utility Easement. ATTACHMENTS A Copy of the Public Utility Easement documents are included in Exhibit "B" and Exhibit "C". Agenda Item Review: City Administrator x City Attorney x Finance x 13 AFTER RECORDING RETURN TOI Wood burn, City Recorder Duty of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EA,SEM�ENTS KW'G Enterprises, LLQ, GRANTOR, grants to the ClTY OF WOODBURN, OREGON, hereinafter called CITY, a permanent easement and right-of-way, including the permanent right to construct, reconstrLiCt, operate, and maintain PUblic water including fire hydrants on the fofloMig described land',. See attached'Exhibit "B"Legal Description of Petmaoent Easewent aod atfached,Exhibit "C" Sketch for Legal Description of Perrnanent Easement whkh are, by this Werence incoiporated herein GRANTOR reserves the right to use the surface of the land for any purpose that wi,ll riot be inconsistent or interfere with the use of the easement by W-Y. No building or ,.utility shell be placed upon, Linder, or within the property subject to the foregoing easement during the term thereof, however, WithWt the written permission of' CiTY Upon completion of the construc6on, CITY shall restore the surface of the property to its original condition after any it activity and shall indemnify and hold GRANTOR harmless against any and ail loss,, cost, or darnage arising out of the exercise of the rights, granted herein. The true consIderatlon of this, conveyance is $0,001 (zero dollars), and other valuablle icon sideration, the rec&pt of which, is acknowledged by GRANTOR. GRANTOR covenants to C)TY that GRANTOR is lawfully seized in fee SiMple of the above-granted premises, free from, a,ti encumbrances and that GRANTOR and their Iheirs rind personal representaitNes !shall warrant and forever defend) the said premes and, every, part thereof to C17-Y against the lawful clairnis and dismiands of all persons clairning by, through, or iunder GRANTOR. DATED thisday of 20 2�2 BY: Walter F Grif9is?%r1agjnq MernbeF KWG Enterprises, LLC 14 STATE OF OREGON, Counity of ILoc, .� "'I"heoNng instrurr � was� ���,� ndd befr � irne this _.� �" of . _ A_— .._....._.......... ......_......_.._........._..m.... t INI b zf of ..�' � .. corporation and the foregoing instrument was n � d rid seAed on behalf of said corporation by authority of Is Board of Dirtors; and each of them, knav0 dM d said instrument to be its voluntary act and deed, OFFI LLL,STAMP STEVEN RIVAS COMMMS110N NO, 954766 IUI NOTARY FFUIS e1FOR OREGON My City of Woodburn 270 Morilgornery Street Woodburn, OR 9707'1 (Gr n~nt 's Name and Address) ,c t d on bef4f of the unity of W,00dlbuMrm City Corder, Heather i rs rn 15 E',xhibil I'll"I waterfille Easelliant 13cinlo, in a pm-Gon of the Ncrffikvcl oxic-qtiarter of section 8T 5 S., R, I W, W.A/l., and, tot- Mock I Mflikdc HornesTracts, Marmi'l County Woodburn, Orel,gon more parlict&-trly dQwribd a S fb I I o kvq� Comtncnchipata 519"'iroll rod at the Southewt corner ol'parcel I of parlition, plat recardedill 200(j,-55 Vario,ri CULAtIt Uldilors rulcords, Said point being cm tlw Nordi Mght-ol,'-Way of State I-lighway 214 (Mi. Hood Avenuc)� 'Fherce Ncrth 80`35`57",` west alorn", said Rig"'it-ol'-Way for a distance of 123.66 J'cel, to the Point of Beginning; Tlicrm Nor(li 05"08'40" East for a distance of 1 OBA3 tect; Therce North 3,5'29'2Y West tbr a digtance o,1'9,.88 ticet,-, Thence North 80,95"57" West f6ra distaiwe of"24,58 6eet,- Thence NGrili 011)'24"0,3" E,ast For a distance of 15.00 f�et; "I'lierice North 80"35",57" West for a dis[ance of 258,57 rect-, "I'llenw South 09'24'03," West for a disw,ncciC 13.17 pct». "I licnm North809 5'57" West For a distance of 12.510 fect; "I'llellC Norll:-u '24't13". East' for a distarice of'29.17 .fccil-, Thence South 810'.3,5'57" 'East for a distarace of200.01 feet,, `I'lience North 09'24 103" East I-or a disuance of 19.53, ket;, Tfitncc North.42'5T 151" East for a disuaracc of 215,86 feet; Thence North 02'59'32" Eamfor a distance of 37.59 Beet, ThCrICC SOUIII 87'00'28"East for a dktance of MAO I'llence South 02'159'32" West l a distance of 37,59 i'eel'N 16 lliv.racc South 817`00 28"' East, fbr €.i dslaacc ol'" I 47.56 fbet; Thence North 47'5V"32" EasL filar as dislanin, of 1634 fer llience Soudi 87"00"28" Fust: fora distarice of 97.16, fecL; Theuze Iowa h 05'08740" West Cor a disLance of''I 6,0 11 Net; "I"heree Norlh 87'00'28"' West fior a distanec of 15. 2 fcct; T'llicince SOUldl 02'5932" 'West for a,distance ol:'5.98 5eel-, Theu�oc North 87'00"28" West for a.i distance of ]6.001 Cbet� Theuce North 02'5912" East fov as distwice ol'5A fleet; I'llenc e North 8 7'0 0'28" east Iii r as d�i s I a i ice ic)1'5 8.5 I feet; Thence Soutli ,47'59`32"' West fior to dislance, of' 16.3,4 reet; 'llienceNn,rth ST00"28" West, rm- a di.stance of [,,6172 feet; ,mence S(r')wh 42'57",""West 'For as distance of 15.42 feet,, Thence Scnah 4,7"02'45" East for a distance of 2.53 t' its Thence South 09"24'03" West for as dislaricc of 6.00 feet;, Thence North4.7110,2'/;5," West for a disuince of feet„ `rhence Sov.th 42',57"15" 'Aiest ror as distance cf!183,14 Feett-, Thence South 09`24 .T West, Fora distance d 14.70 feet; 'mence Saulb 80'.3 557" East for as distance of 251.136 feet; 17 Thmme Snwh 35'2923" East [br a distance of'46.00 feet; Mwe Somh Sir 5 MEast fby at disWnce of 15.87 fem; ThelICC South 05'08'40` West Tor as dislzinceof'1 2.96 ticet, 11mme SaWh W2.5'38' Hast to,a distanco of5d.75 Im" Amme Nboh 03*PF22" Em Rw a cUmmwe of 120 Rv; ITence Soudi NOW" Fas�t Cor a distance cel" 3,14 leek Unwe South 05108'40" West f'or a disLanceof2.98 Ed; Thenec Sma h 84'51'2T 1"ast for a distance of'2.94 tbzt; Mae AM 03'34 2T' West Or to chstance of 2CK 14 At; Timice North 8,6`25138" 'WestIbr adklance of,88.62 he, Unwe Somh 05108'40 ' West f6j-a,distance of 31121 1%; Thence Sout,h 8415110"Eam fbr a chmnoe MOTO &w, Thencc ,'Sowh 05"W40" WO�1r ['0117 a diSMIlCe 01716.010; Theace Nox-th 84'51'20"West R)v a distamce of 20,00, Tbmwe SaWh 05'0�8'40"NAM A a chmance c),f 3 ,39 Fect to the Nafth fight-cf-Way of said State Route 1210, Theticie, N Oj_t:j, 80'3T57" West along said Right-af-Way fbr a chmance of f6.04 R bHtk io,aie Point of'Beginning. Containing 19,.18 17 niore or fess square feet. Subjccl to and togetlwr with pblic road% casements, and wesidetknis cAccord. 18 . h. 1'1 87O.� " E 14756* x.14L22 N � 7O 162,7 �1 L 1 1 , 24 L23 1 y �2 PARCEL P.P. 2000-55 Ci L L2 16 8,07 L2829 L . 4 L3 L '6 38 �. FOODL4 � ' U t " „ REGISTERED 5 - RON ISD C' 26741 PROFESSIONAL AT 7HE SE CORNER OF'PAAM I R AS SHOW ON PAR'77714W PLAT 2000-55, OREGON JUNE 30, 1997 DANIEL .1;GE1°PIAN UP)RATIONDATE.DEQ 31, �,mr4.'gq.'V;meraa,+lxwmWA'rp9'a"r'j�M'"l(�.mgo,'q' Wd.sMi EXHBT *CAr SCA LEI- P4 U, FGR WA 7ER EA SEMEN 1' L OCA,TED' I JOB NO. 27,36 PARCEL 1 P.P. 2000- 1 ' DA TE: 04-24-48 PLS "] ENGINEERING rHf' NW 114 OF SEC77ON 8 T. 5 S. R, 1' W. WX MARION couNry, OREGCW 19 L5 S$LL IN E E AA RR T A BE LE SJLINE' TABLE L1BIN; DITNCLINF RINDi STAJVC ' E V05-VO6'40" 708.5 ' L21 S 47592" 16.34 L25'79*23 W 9188' L22 4215775" W 1542' L80135'57" 24.58' L2J 47'02'450 E 2,53" L4 09124'030 1500' L24 S09*24'03" 6.00' 0924,oj" 1a17, L25 47'12'45" 6.85, N 80'3,557" W 12.50' L,26 S 09'24`63" W 1470' L 7 N 0974'03- E 291.17- L27 S 35*29'23"' E 46,00' L8 s 8DUS157", E 28.0 ' L28 S 84t5l'20" F 15,87' 1 JL6 L 7 L9 N 0,9"24'03'" E 19.,53,' L29' S 0,5*06'400 W' 12.66 j 00 N' 02*59"J2' E JZ59' L30 S 86'25'38" E 54,75' ' -......... ....................- 01 S 87'00'26" E 1'6.X L-3 tIN 0 3*j 4"2" 2","N' E 7.20" L12 S 025SP'32" W 3759' Rte.2 S 8623'38," 13.14' N 4759'3'2" E 16.34 Luh S 05196'40" W 2'.8,8' L 14 S 87*00'28* E 97.16' L34 S 8451'20-" E 2.94' L,1 ' S 05108'40'" W 16.01, 05 S 03*3422" W 20.14' L16' N 87'0,0'28" W 15»42' L36 N 85*25'38' W "88'.82" L17 S 02",59"320 W 8.x,8" L37 S05*08'40,'o W 30.27' L 18' Al 9710029" W 116.010' LJ8 S 84'5120"° t LL 19 N 02 39*J2* E age, L39 S 05'V6'40'w W KOD' LK N 87100'281" w L40 N 64*51'2HSP" w .2a oo VNE TABLEPR0'FESSl'C'-'lJlAL LAND SURVEYICR LINE 8EARING DiSTANCE L41 S 05'0,8'40" W 38.38' OR Glom L42 N 80557 *3 ' - 16. 4 W 1 J U�,k�E 30, 119!9 7 ................... DAN�U A,fi�:NTO U EXHIBff' YC 01 SCALE N'Ts. ,FOR WA ZER EASEMEN T L OCA 7ED IN LO T 8 JOB NO, 27-76 I w THE Nw 7/,f OF SEC77ON 9 T ENGINEERING 1� """" ' DATA'............2±-24-18 5 S., R. I W.,, WM.., WAVLALE HOMES 7RACT, A#ARtON COUNTY, WOODBURN,, D WG Fk E:2 7360.dw OREGON ORA WN 8'Y- 20 CITY OF WOODBURN Community Development Department MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503)982-5246 Date: October 2, 2018 To: Chris Kerr, Community Development Department Director From: Ted Cuno, Building Divisiovv�v�' Subject: Building Activity for September 2018 2016 2017 2018 _ ..........................................................�._. ............. ......-................. No. Dollar Amount No. Dollar Amount No. Dollar Amount .._ _ ......___. _...._.._ .. _ ......................................... _..._._ Single-Family Residential 0 $0 1 $252,460 0 $0 ........._.._ .._. Multi-Family Residential 0 $0 0 $0 0 $0 Assisted Living Facilities 0 $0 0 $0 0 $0 ..m......................... _r. __m _._... ... ....... _......... .. � Residential Adds &Alts 5 $54,100 5 $314,565 3 $19,787 Industrial 0 $0 0 $0 0 $0 ... ............_. CommercialWWWWWWWW-......._ ...... IT-ITITIT-IT 8 $295,209 8 $1,198,342 16 $264,232 ..............._ _ _..�........� - ...........n.................. ..._ �. Signs and Fences 0 $0 0 $0 1 $9,800 Manufactured Homes 1 $15,000 0 $0 0 $0 W.... .-............... .. ._.. _ _......_..... ...._......_.._._. TOTALS 14 $394,309 14 $1,765,367 20 $362,427 ..................... __........._ _. .._.._............. ... Fiscal Year to Date (July 1 — $3,079,107 $3,142,284 $22,298,224 June 30 I:\Community Development\Building\Building Activity\B1dgAct-2018\B1dg Activity-Memos\memo-2018-8 September.doc 21 10/15/2018 Woodburn Police Department MONTHLY ARRESTS BY OFFENSES 2018 Year to Date CHARGE DESCRIPTION Jan Feb Mar Apr May Jun Jul Aug Sep Total AGGRAVATED ASSAULT 2 2 6 7 3 6 6 2 0 3 ANIMAL CRUELTY 0 0 0 0 0 0 1 0 0 1 ANIMAL ORDINANCES 4 2 3 0 3 4 0 6 1 23 ARSON 0 0 0 2 0 0 0 0 1 3 ASSAULT SIMPLE 4 4 15 10 11 4 18 13 8 87 ATTEMPTED MURDER 0 0 0 0 0 0 0 1 0 1 BURGLARY- BUSINESS 0 0 0 0 0 0 1 1 0 2 BURGLARY-OTHER STRUCTURE 0 3 0 0 0 0 1 0 0 BURGLARY- RESIDENCE 2 0 1 0 0 0 2 1 2 8 CITY ORDINANCE 0 0 0 0 1 0 0 0 0 1 CRIME DAMAGE-NO VANDALISM OR ARSON 5 0 1 2 6 1 1 3 3 22 CRIMINAL MISTREATMENT 0 0 0 0 0 0 0 0 1 1 CURFEW 0 0 0 0 0 1 1 8 0 10 CUSTODY- MENTAL 4 2 8 5 9 4 6 11 8 57 CUSTODY- PROTECITVE 0 0 0 0 0 2 0 0 0 2 DISORDERLY CONDUCT 3 8 18 5 7 0 8 6 5 60 DRIVING UNDER INFLUENCE 11 4 8 9 7 8 7 6 8 68 DRUG LAW VIOLATIONS 10 10 7 2 5 5 4 6 2 51 DWS/REVOKED -FELONY 1 0 0 0 0 0 0 0 0 1 DWS/REVOKED-MISDEMEANOR 1 4 0 0 3 0 1 1 2 12 ELUDE 1 0 1 0 0 0 0 0 1 3 EM BEZZLEM ENT 0 0 0 0 0 0 0 0 1 1 ESCAPE FROM YOUR CUSTODY 0 0 0 0 1 0 0 0 0 1 EXPLOSIVES 0 0 1 0 0 0 0 0 0 1 FAIL TO DISPLAY OPERATORS LICENSE 0 0 0 0 1 0 0 0 1 2 FAILURE TO REGISTER AS SEX OFFENDER 1 0 0 0 0 1 1 0 0 3 FORCIBLE RAPE 1 0 0 0 0 0 0 0 0 1 FORGERY/COUNTERFEITING 0 0 0 1 2 3 3 1 1 11 FRAUD - BY DECEPTION/FALSE PRETENSES 0 0 0 0 0 0 0 0 2 2 FRAUD -OF SERVICES/FALSE PRETENSES 1 0 0 0 0 0 0 1 0 2 FUGITIVE ARREST FOR ANOTHER AGENCY 52 25 16 38 38 24 35 32 43 303 FURNISHING 0 0 0 0 1 0 0 0 0 1 HIT AND RUN FELONY 0 0 2 0 0 0 0 0 1 3 HIT AND RUN-MISDEMEANOR 4 1 1 1 4 3 3 3 5 2 IDENTITY THEFT 0 0 1 0 0 0 1 0 0 2 INTIMIDATION /OTHER CRIMINAL THREAT 5 4 4 8 3 1 11 6 2 4 INVASION OF PERSONAL PRIVACY 0 0 1 0 0 0 0 0 0 1 KIDNAP -FOR ADDITIONAL CRIMINAL PURPOSE 1 0 0 0 0 0 1 0 0 2 MINOR IN POSSESSION 5 4 0 2 4 4 1 6 0 26 MINOR IN POSSESSION -TOBACCO 0 0 0 0 0 1 0 0 0 1 MOTOR VEHICLE THEFT 1 1 2 1 1 1 2 0 2 11 NON CRIMINAL DOMESTIC DISTURBANCE 0 0 0 0 1 0 0 0 0 1 OTHER 7 2 4 3 1 2 4 4 5 32 RECKLESS DRIVING 1 0 2 3 2 2 1 3 3 17 RECKLESSLY ENDANDERING 5 0 0 2 3 1 6 3 3 23 RESTRAINING ORDER VIOLATION 2 1 2 0 0 1 0 1 0 7 ROBBERY- BUSINESS 1 1 1 0 3 0 0 0 1 7 ROBBERY- HIGHWAY 0 0 0 2 0 0 0 0 0 2 ROBBERY-OTHER 0 0 0 1 0 0 0 0 1 2 RUNAWAY 0 0 1 1 1 0 0 0 0 3 EX CRIME -CONTRIBUTE TO SEX DELINQUENCY 0 1 0 0 0 0 0 0 0 1 EX CRIME -EXPOSER 1 0 0 0 0 0 1 0 0 2 EX CRIME -FORCIBLE SODOMY 1 0 0 0 0 0 1 0 0 2 EX CRIME -MOLEST(PHYSICAL) 0 0 1 0 0 0 0 0 1 2 Page 1 of 2 22 10/15/2018 Woodburn Police Department MONTHLY ARRESTS BY OFFENSES 2018 Year to Date an Feb Mar Apr May Jun Jul Aug Sep Total EX CRIME -NON FORCE SODOMY 0 0 1 0 0 0 0 0 0 1 EX CRIME -NON-FORCE RAPE 0 1 1 0 0 0 0 0 0 2 EX CRIME -OTHER 0 1 0 0 0 0 0 0 0 1 EX CRIME -PORNOGRAPHY/OBSCENE MATERIAL 0 0 2 1 0 0 0 0 0 3 TALKER 1 1 0 0 0 0 0 0 0 2 TOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 0 1 0 0 1 0 0 0 1 3 HEFT- BICYCLE 1 0 0 0 0 0 0 0 0 1 HEFT- BUILDING 1 0 0 0 0 2 2 0 0 HEFT- FROM MOTOR VEHICLE 2 0 1 0 2 0 2 0 0 7 HEFT-OTHER 3 2 3 2 2 1 2 2 1 18 HEFT-SHOPLIFT 6 6 8 3 4 6 4 9 8 5 TRAFFIC VIOLATIONS 21 7 7 9 8 5 10 6 8 81 TRESPASS 9 4 6 9 2 2 0 0 7 39 UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 2 0 1 1 2 1 1 0 0 8 VANDALISM 0 7 0 2 2 3 6 6 1 27 VEHICLE RECOVERD FOR OTHER AGENCY 0 0 0 0 0 2 0 0 0 2 WEAPON -EX FELON IN POSSESSION 2 1 0 0 0 0 1 2 1 7 EAPON -POSSESS ILLEGAL 2 1 1 4 3 0 6 4 3 2 EAPON -SHOOTING IN PROHIBITED AREA 0 0 0 0 0 0 0 1 0 1 Jan Feb Mar Apr May Jun Jul Aug Sep Total 2018 Total 187 111 138 136 147 101 162 155 144 1,281 2017 Total 135 169 176 166 164 143 152 155 138 1398 2016 Total 143 109 143 149 156 137 157 198 192 1384 Arrests/Year 1400 1200 1000 N H 800 v Q 600 400 200 0 2016 2017 2018 Year Page 2 of 2 22 10/15/2018 Woodburn Police Department MONTHLY CRIMINAL OFFENSES 2018 Year to Date CHARGE DESCRIPTION Jan Feb Mar Apr May Jun Jul Aug Sep Total AGGRAVATED ASSAULT 1 2 9 9 6 6 8 5 2 48 ANIMAL CRUELTY 0 0 0 0 0 1 1 1 0 3 ANIMAL ORDINANCES 2 1 2 0 2 4 1 2 1 1 ARSON 1 0 0 0 0 0 1 1 3 6 ASSAULT SIMPLE 9 14 15 13 9 7 24 181 11 121 ATTEMPTED MURDER 0 0 0 0 0 0 1 0 0 1 BURGLARY- BUSINESS 2 8 4 1 1 1 2 2 1 22 BURGLARY-OTHER STRUCTURE 3 2 1 2 2 2 3 3 1 19 BURGLARY- RESIDENCE 3 1 8 12 1 5 12 6 4 52 CHILD NEGLECT 0 0 0 1 0 0 C 0 0 1 CITY ORDINANCE 0 0 0 0 1 0 C 0 0 1 COMPUTER CRIME 0 0 1 0 0 0 C 0 0 1 CRIME DAMAGE-NO VANDALISM OR ARSON 13 11 16 17 7 7 1C 12 9 102 CRIMINAL MISTREATMENT 0 0 0 0 0 0 C 2 0 2 CURFEW 0 0 0 0 0 1 1 3 1 6 CUSTODY- MENTAL 4 2 9 4 9 4 6 11 8 57 CUSTODY- PROTECITVE 0 0 0 0 0 1 0 0 0 1 DISORDERLY CONDUCT 4 10 5 7 7 3 11 4 5 56 DRIVING UNDER INFLUENCE 11 41 8 10 7 8 7 6 8 69 DRUG LAW VIOLATIONS 10 8 6 2 7 5 4 6 4 52 DWS/REVOKED- FELONY 1 0 0 0 0 0 0 0 0 1 DWS/REVOKED-MISDEMEANOR 1 6 0 1 4 0 1 2 1 16 ELUDE 2 2 3 1 0 0 2 0 1 11 EMBEZZLEMENT 0 0 0 0 0 0 0 0 2 2 ESCAPE FROM YOUR CUSTODY 0 0 0 0 2 0 0 0 0 2 EXPLOSIVES 0 1 0 0 0 0 0 0 0 1 EXTORTION/BLACKMAIL 0 0 0 0 0 0 0 1 0 1 FAIL TO DISPLAY OPERATORS LICENSE 0 0 0 0 1 0 0 0 1 2 FAILURE TO REGISTER AS SEX OFFENDER 1 0 0 0 0 1 1 0 0 3 FORCIBLE RAPE 4 2 0 0 2 1 1 2 1 13 FORGERY/COUNTERFEITING 3 3 3 8 6 4 2 4 3 36 FRAUD-ACCOUNT CLOSED CHECK 0 0 0 1 1 0 0 0 1 3 FRAUD- BY DECEPTION/FALSE PRETENSES 3 4 3 3 7 4 5 2 7 38 FRAUD- CREDIT CARD/AUTOMATIC TELLER MACHINE 2 1 1 3 0 8 1 5 2 23 FRAUD- OF SERVICES/FALSE PRETENSES 3 0 0 1 1 0 1 1 0 7 FRAUD-OTHER 0 0 0 0 0 0 0 0 1 1 FUGITIVE ARREST FOR ANOTHER AGENCY 36 20 14 25 27 22 25 21 29 219 FURNISHING 0 0 0 0 1 0 0 0 0 1 HIT AND RUN FELONY 0 0 2 0 1 0 1 0 1 HIT AND RUN-MISDEMEANOR 22 13 12 17 12 18 23 16 16 149 IDENTITY THEFT 1 3 3 9 5 6 1 4 2 3 INTIMIDATION /OTHER CRIMINAL THREAT 5 7 2 2 3 5 5 5 36 INVASION OF PERSONAL PRIVACY 0 0 1 0 0 0 0 0 1 KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 1 0 0 0 0 0 1 0 2 MINOR IN POSSESSION 2 2 0 1 1 2 1 2 11 MINOR IN POSSESSION -TOBACCO 0 0 0 0 0 1 0 0 1 MISCELLANEOUS 30 19 21 16 15 24 15 19 16 175 MOTOR VEHICLE THEFT 10 14 5 16 13 3 4 8 12 8 NON CRIMINAL DOMESTIC DISTURBANCE 10 6 10 14 27 20 16 6 15 124 OTHER 7 3 3 5 4 5 4 6 6 43 PROPERTY- FOUND LOST MISLAID 1 4 2 4 4 1 3 0 3 22 PROPERTY RECOVER FOR OTHER AGENCY 0 0 0 0 0 0 1 0 0 1 RECKLESS DRIVING 3 2 4 3 3 2 1 3 3 2 RESTRAINING ORDER VIOLATION 3 21 1 3 0 2 0 1 0 12 ROBBERY- BUSINESS 1 1 0 0 2 0 1 0 1 6 ROBBERY- CAR JACKING 0 1 1 0 0 0 0 0 0 2 ROBBERY- HIGHWAY 0 0 0 1 0 01 0 01 0 1 Pagel of 2 23 10/15/2018 Woodburn Police Department MONTHLY CRIMINAL OFFENSES 2018 Year to Date an Feb Mar Apr May Jun Jul Aug Sep Total ROBBERY- OTHER 2 2 1 1 0 2 0 2 2 12 ROBBERY- RESIDENCE 0 1 0 0 0 0 1 0 0 2 RUNAWAY 0 0 3 5 1 1 5 3 1 19 SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 0 1 0 0 0 1 0 0 0 2 SEX CRIME - EXPOSER 1 0 0 0 0 0 1 0 0 2 SEX CRIME - FORCIBLE SODOMY 1 0 0 0 1 0 1 0 0 3 SEX CRIME - MOLEST (PHYSICAL) 0 0 1 1 1 0 1 1 1 6 SEX CRIME - NON FORCE SODOMY 0 0 2 0 0 0 0 0 0 2 SEX CRIME - NON-FORCE RAPE 0 1 3 1 1 0 0 0 1 7 SEX CRIME - OTHER 1 1 0 0 0 0 0 0 0 2 SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL 1 0 2 1 1 0 1 0 0 6 STALKER 1 1 0 0 1 0 0 0 0 3 STOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 1 1 0 0 0 0 1 1 2 6 SUICIDE 0 0 1 0 0 2 0 1 1 HEFT- BICYCLE 2 1 1 0 1 3 3 3 2 16 HEFT- BUILDING 5 3 6 4 2 6 3 1 3 33 HEFT- COIN OP MACHINE 0 0 0 1 0 0 0 0 1 2 HEFT- FROM MOTOR VEHICLE 42 14 26 22 18 24 12 14 23 195 HEFT- MOTOR VEHICLE PARTS/ACCESSORIES 1 5 3 2 2 4 1 2 0 20 HEFT- OTHER 30 24 22 26 16 16 24 21 13 192 HEFT- PICKPOCKET 0 1 0 0 0 1 0 0 HEFT- PURSE SNATCH 1 0 0 0 0 3 1 1 0 6 HEFT- SHOPLIFT 11 13 20 15 13 17 16 19 14 138 TRAFFIC VIOLATIONS 28 10 9 11 16 6 7 9 14 110 TRESPASS 21 4 8 10 6 3 1 3 1 63 UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 14 0 3 2 0 5 2 0 1 27 VANDALISM 23 17 23 20 31 27 15 31 12 199 VEHICLE RECOVERD FOR OTHER AGENCY 4 1 4 4 2 3 0 1 2 21 WEAPON - EX FELON IN POSSESSION 2 1 0 0 0 0 1 2 1 7 WEAPON - POSSESS ILLEGAL 2 2 1 3 2 1 5 3 4 23 WEAPON -SHOOTING IN PROHIBITED AREA 0 1 31 11 01 01 1 01 6 W Feb I Marl Apr IMayl Jun I Jul Aug I Sep ITotal 2018 Total 1 4091 284 3171 3421 3161 3091 3111 3081 292 2,888 2017 Total 1 3221 2921 35 3171 3301 3071 3171 3211 307 2,868 2016 Total 1 2651 2371 2821 2751 31 2651 2901 3171 289 2,535 Offenses/Year 3200 2800 1111 2400 W 2000 0) W 600 j LL 0 1200 800 400 0 . . 2016 2017 2018 YEAR Page 2 of 2 25 Woodburn Police Department ORDINANCE VIOLATIONS 2018 Year to Date 10/15/2018 Ordinance Discription Jan Feb Mar Apr May Jun Jul Aug Sep Total Animal Complaint 35 27 38 44 55 45 42 45 35 366 Ordiinance -Abate/Nuisances 1 1 1 0 2 2 1 2 0 10 Ordinance -Abandoned Vehicles 83 58 59 72 39 29 44 77 26 487 Ordinance -Abate Graffiti 6 10 4 8 5 9 1 13 0 56 Ordinance - Land Use Violations 0 1 0 0 1 1 1 2 2 8 Ordinance -Oth Violation 51 36 54 58 50 44 46 65 58 462 Ordinance -Tall Grass 0 0 0 0 71 37 5 1 0 114 2018 Total 176 133 156 182 223 167 140 205 121 1,503 2017 Total 94 126 176 177 290 284 175 170 149 1,641 2016 Total 122 159 131 106 239 200 181 159 103 1,400 Ordinance Violations / Code Enforcement Officers 1600 1400 1200 N 1000 Z O 800 O ; 600 400 200 0 2016 2017 2018 COMBINED TOTAL-CODE ENFORCEMENT OFFICERS Ordinance Violations / Year 1800 1600 1400 N 1200 Z O 1000 F 800 O_ 600 400 200 0 2016 2017 2018 YEAR TOTALS FOR ALL OFFICERS 1 26 l r4 �,� Aqea& Item W�OODI} URN C r. w eiJL'dt I hNJ October 17, 2018 TO: Honorable Mayor and City Council through City Administrator FROM: Chris Kerr, Community Development Director Colin Cortes, AICP, CNU-A, Senior Planner SUBJECT: October 29 Council Special Hearing for Annexation and Development of Approximately 150 Acres of Territory known as the Smith Creek Development generally north and west of 690 Ben Brown Ln (ANX 2017-05 etc.) RECOMMENDATION: Staff recommends that the Council consider the staff report and attachments, hold a public hearing, approve with the conditions the consolidated applications constituting the Smith Creek Development, and instruct staff to prepare ordinances and a resolution to substantiate a Council approval. BACKGROUND: The item before the Council on October 29 is action on annexation application ANX 2017-05 with corollary applications by Stafford Land Company to annex and develop approximately 150 gross acres located generally north and west of 690 Ben Brown Lane; south of (east to west) Nellie Muir Elementary School, Woodburn Golf & Estates subdivision, and the terminus of Harvard Drive; and north of Parr Road. Centered on the west tributary of Mill Creek and covering most of the Smith family farm, the applicant names the project "Smith Creek" and proposes residential development consisting of over 800 dwelling units in the form of over 600 houses, almost 100 townhouses and over 100 multi-family units (i.e. apartments). The developer intends development across nine phases over five to eight years or between 2023 and 2026. Agenda Item Review: City Administrator_x City Attorney_x_ Finance_x- 27 Honorable Mayor and City Council October 17, 2018 Page 2 Process Because the consolidated applications include an annexation request, which is a Type IV land use review requiring City Council approval and it is the highest type among the applications, per WDO 4.01 .07 the Council decides upon all of the applications. Planning Commission The Planning Commission held public hearings about the project on September 27 and October 11 , 2018 and at the second hearing unanimously recommended approval of the proposal with three commissioners having complimented it. The Commission deliberation focused on clarifying the issue of "the Estates tract" described further below. Besides members of the applicant's team, nine persons testified at the Planning Commission in writing, verbally, or both. The one topic that was the subject of most testimony was how the project would develop adjacent to an existing tract within Woodburn Senior Estates No. 7 Subdivision along the south side of Santiam Drive. Staff terms this tract "the Estates tract" and describes it below in the Discussion section. The commissioners expressed strong support for the project, describing it as "amazing" and a development to be "proud of". COUNCIL ACTION: Were the Council inclined to approve the proposal, staff would return at the next Council meeting to present the legal instruments for the Council to complete the approval via two ordinances and a resolution: 1 . The annexation itself necessitates an ordinance describing the annexed territory. 2. Upon annexation the City would need to designate the property with City zoning. The Comprehensive or "Comp" Plan land use map designates the territory Low Density Residential, Low Density Residential with Nodal Development Overlay, and Medium Density Residential with Nodal Development Overlay. The respective compatible zoning districts are the Residential Single Family (RS), Nodal Residential Single-Family (RSN), and Nodal Medium Density Residential (RMN) zoning districts, which the applicant accepts. The second ordinance would designate the property with zoning consistent with the Comp Plan. 28 Honorable Mayor and City Council October 17, 2018 Page 3 3. Because the proposal is for annexation of territory that the Comp Plan land use map designates as Nodal Development Overlay, the WDO requires that the applicant present a master development plan to the City Council for its approval. The applicant is the first to present a Nodal master development plan, every annexation applicant within the Nodal overlay is required to do so, and per the WDO the master development plan is conceptual and non- binding. The purpose is for the City to use it as a general guide for development within the Nodal overlay. A resolution would be the means to approve a Nodal master plan. Following and independent of these, the Mayor or Council President would sign a Final Order, which will include the final conditions of approval. Alternate Action The Council has the option of continuing the hearing from October 29 to a date certain. In a scenario with many persons attending to testify, it could devote the October 29 meeting to hearing testimony and choose to leave the record open for additional, written testimony up to seven days past the hearing date. At the following Council meeting, the applicant would then respond to the collected testimony, deliberate, and decide. DISCUSSION: Annexations are policy decisions by the Council, and the remaining applications depend upon the annexation request. Criteria Decision-making hinges upon the annexation criteria in WDO 5.04.01C. Attached as a City Council land use staff report is a modified copy of the Planning Commission one and its attachments including Attachment 102 Analyses & Findings that addresses the criteria and finds them met. The report also addresses the criteria for the remaining applications and finds them met with the recommended conditions of approval. 29 Honorable Mayor and City Council October 17, 2018 Page 4 FINANCIAL IMPACT: Staff believes the annexation would be of small benefit to City property tax revenue and upon development would be of moderate benefit to City property tax revenue. ATTACHMENTS: A. Land use staff report and its attachments B. Applicant's Supplements (October 4, 2018): 1 . Applicant's Supplemental Responses to Public Comment 2. Supplemental Information for the Traffic Impact Study C. The Estates Tract Background Supplement D. Planning Commission draft meeting minutes: 1 . September 27, 2018 2. October 11 , 2018 30 ��re �r777' ODB, URN U, Incor°peraz ed 1889 Land Use Staff Report To: City Council Through: Chris Kerr, AICP, Community Development Director �= f From: Colin Cortes, AICP, CNU-A, Senior Planner Meeting Date: October 29, 2018 (Prepared October 17, 2018) Item: "Smith Creek Development" 690 Ben Brown Ln (ANX 2017-05, MP 2017-02, PUD 2017-01, SUB 2017-01, EXCP 2017-03, VAR 2017-14, & PP 2017-01) Tax Lot(s): Primary Tax Lot 052W13 00100 with Additional Lots 052W13BD 00100 & 200 and 051W18BC 04000 Table of Contents ISSUE BEFORE THE CITY COUNCIL ....................................................................................2 EXECUTIVE SUMMARY....................................................................................................2 RECOMMENDATION ..................................................................................................... 12 ACTIONS ..................................................................................................................... 12 ATTACHMENT LIST....................................................................................................... 12 Smith Creek ANX 2017-05, PUD 2017-01,et al.October 29,2018 City Council Staff Report Attachment A: Land Use Staff Report Page 1 of 13 31 Issue before the City Council Decision upon the following package of applications constituting the Smith Creek Development: • Annexation ANX 2017-05 • Master Plan MP 2017-02 • Planned Unit Development: Conceptual Development Plan PUD 2017-01 • Subdivision, Preliminary SUB 2017-01 • Exception to Street Right of Way and Improvement Requirements ("Street Exception") EXCP 2017-03 • Variance VAR 2017-14 (4 requests), and • Phasing Plan PP 2017-01. The Planning Commission on October 11, 2018 unanimously recommended approval with the conditions of approval (a) in the staff report of September 27, (b) as revised in the staff report addendum of September 27, (c) in the staff memo addendum of October 11, and (d) with Condition SUB-6 corrected from 30 to 25 feet. Executive Summary The Smith Creek Development In brief, Stafford Land Company applied to annex and develop approximately 150 gross acres located generally north and west of 690 Ben Brown Lane and south of (east to west) Nellie Muir Elementary School, Woodburn Golf& Estates subdivision, and the dead-end of Harvard Drive. Centered on the west tributary of Mill Creek and covering most of the Smith family farm, the applicant names the project Smith Creek and proposes residential development consisting of over 800 dwelling units in the form of over 600 houses, almost 100 townhouses and over 100 multi-family units (i.e. apartments). The subject property is the first ever to develop under the Nodal Development Overlay designation. The developer intends development across nine phases over five to eight years or between 2023 and 2026. As proposed, the first phase (Phase 1A) extends Ben Brown Lane west to a southern extension of Harvard Drive. Amenities are consistent with the City Mill Creek Greenway Master Plan (2007) and include a paved cycling and walking trail within the greenway corridor between S. Settlemier Avenue and Stubb Road along the tributary of Mill Creek, as well as a combination of private common open spaces and public parkland. The Commission might wish to refer also to the Parks and Recreation Master Plan Update (2009), which is not attached but online. The Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment A: Land Use Staff Report Page 2 of 13 32 overall site plan illustrates that open space follows the creek as the main axis with major and minor axes extending north with secondary paved off-street trails emanating from the greenway trail. The Smith Creek Development consists of standard subdivisions to the north and east and a planned unit development (PUD) to the southwest. A PUD allows flexible development standards, unique street cross-sections, and more variety in permitted uses, and in exchange for the ability to modify development and use standards, PUDs must provide common open space and enhanced public amenities. Standard subdivisions have no WDO requirement for open space, while PUDs require open space equal to at least 30% of gross site development area (SDA), the SDA being the whole of the Smith Creek Development area. Below is an excerpt of the overall site plan. It conveys: ■ Layout of lots and streets ■ Phase boundaries ■ Paved off-street trails ■ Open spaces, including potential clubhouses, parkland, and recreation facilities ■ Planned unit development (PUD) boundary, a subset of the SDA This is a conceptual drawing and not a construction document. Eft 1 BIT Y 1 SMITH CREEK RESIDENTIAL DEVELOPMENT ;' f I i t 9TM _ F 11 PRO OQ D 1009 C LANDS J — m _ I _ [[ f $ A r f °h21'Y Hyl Y c r d � '7 1 rawer y _ L k _ m . 12 IJ PHASE LINEPATHWAY PUB BOUNDARY PROPOSED PUBLIC LANG Y PRIVATE COMfu ,,— PROPOSED PUBLIC LAND EXISTING PUBLIC LAND EXHIBIT C-8 OVERALL SITE PLAN Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment A: Land Use Staff Report Page 3 of 13 33 Excerpt of Exhibit Y-1 Proposed Public Land/Overall Site Plan Staff provides a traffic summary as Attachment 105. Among the application materials, Exhibit I is the traffic impact analysis (TIA) required by WDO 3.04.05. The basic information is on TIA pages 1 (introduction, project description, and study area) and 14 (key assumptions and methodologies including vehicle trip generation and trip distribution and routing per computer modeling). Below is a brief excerpt of the phasing of specific street connections that the TIA terms as "scenarios": "Scenario 1: Phase 1A, 113, 2A, 2B and 2C will be built. Internal street connections to Harvard Drive, Ben Brown Lane and Kirksey Drive will be built. Completion Year 2021. Scenario 2: Phase 3A and 4A will be built. Internal street connections to Stubb Road will be built. Completion Year 2023. Scenario 3:All the remaining project phases (Phases 3B and 413)will be built-out. Completion Year 2025. As shown in Table 4, project site has the potential to generate 543 trips in the AM peak hour, 712 trips in the PM peak hour and 6,946 daily trips." The City consulted with a third-party transportation engineering firm to help staff understand how to mitigate the effects of the development. A number of the conditions for this development specifically address traffic mitigation items. Process Summary The Woodburn Development Ordinance (WDO) within Section 5 allocates application types to five types of review, Types I through V, scaled to the complexity of a project and to whether decision-making is based on clear and objective standards or more on discretionary criteria. Per WDO 4.01.07, the City is to process all applications within a package at the highest type among the applications. In this case because of the annexation application, the package is Type IV, meaning a Commission review and recommendation followed by City Council review and decision. The review is mostly discretionary. The diagram below shows the application relationships and how they lead to the permitting stage: Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment A: Land Use Staff Report Page 4 of 13 34 ® � Phasing Plan ��h�'' �mei�� rll���r �i iu�i�'llllllllllllll Master Street Plan Exception Were the City Council to approve the package, the applicant would next submit the following applications for each phase: Permitting stage �I i�l 11 uw�u,���� ����i��,�� .1,.1111 L..IIIIIIII II III 1i1..1i dlll.. 1111111 III IIID.VIII IIIIIIIIiIIIIILiIIi About Each Application What are these applications? ■ Annexation Terms that the WDO does not define default to the New Oxford American Dictionary, 2010 edition per WDO 1.02, and these include "annex"—to "add (territory)to one's own territory by appropriation." Oregon Revised Statues (ORS) 222 greatly structure the procedure of annexation, especially notification of"boundary change" to agencies before and after annexation. The directly applicable local criteria about whether to annex territory to city limits or not are in WDO 5.04.01. The territory is eligible for annexation because it is within the City urban growth boundary (UGB). 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 Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment A: Land Use Staff Report Page 5 of 13 35 library, policing, and parks and recreation. At the same time, it would also exact costs to providing such services. The Council would adopt two ordinances, one to annex and a second to designate City zoning. ■ Nodal Master Plan Prior to annexation of any property within the Nodal Development Overlay Comprehensive Plan land use map designation, the City Council must approve a "conceptual and non-binding" master plan for the entire Nodal Overlay that "may be used as a general guide for development within the Nodal Overlay". The directly applicable criteria are in WDO 2.05.04C. The subject property is almost wholly within the Nodal Overlay, except for the easternmost tax lot of 5.72 acres, 051W18BC 04000, addressed as 105 Ben Brown Ln and which contains the Smith family homestead. The applicant submitted a master plan that illustrates in plan view the likely manifestation of infrastructure such as the road and street network. The Council should consider whether the master plan sketches the kind of walking and cycling development that the Nodal overlay should manifest per 2.05.04A.: "The intent of the overlay districts is to provide community identity to higher density residential developments within walking distance (generally one-half mile or less) of the neighborhood commercial center. Nodal development will be designed with a pedestrian focus,with interconnected streets and pedestrian walkways, alleys serving garages located at the rear of lots ..." The Council would adopt a resolution to accept a Nodal master plan. ■ Planned Unit Development (PUD) Also known as planned development, the term PUD refers to both a form of land development and a regulatory process that creates it. Generally, it is master-planned development having multiple and mixed land uses and often accompanied with subdivision of a large area of land. Such development typically allows for more flexible design than is permitted under a standard zoning district and in return provides public benefits. WDO 3.09 establishes planned unit development as a highly discretionary land use review. The opening statement of the section describes the purpose: "The purpose of this Section is to establish the requirements for Planned Unit Developments (PUDs). PUDs allow flexible development standards, unique street cross-sections, and more variety in permitted uses.They are especially appropriate when developing properties with unique Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment A: Land Use Staff Report Page 6 of 13 36 topographic,geotechnical, or other constraints.They also encourage innovation and creative approaches for developing land. In exchange for the ability to modify development and use standards, PUDs must provide common open space and enhanced public amenities." [staff emphasis] Staff, the Commission, and the Council can exercise discretion to interpret what "enhanced public amenities" means in exchange for granting private benefits to a specific PUD. The burden of proof is on the applicant to demonstrate how the PUD meets PUD criteria including provision of enhanced public amenities. Among all the applications, the PUD is the one that necessitates the most attention and conditioning. The image below outlines the PUD area boundary. The Council would approve the PUD through the final decision document for the whole development. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment A: Land Use Staff Report Page 7 of 13 37 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Shd EtY ,WP_ PUD AREA PER PHASE Usa .S p4L aREA ',"MAY ,. fiY FY 'T IQIO5F 56 1 61]9 F 16,92eiS937.,SF 6A,:115F J 391 lr lIESAMI$❑RME PHASE 38 Jl' pg! zr �P L� B ,r I .NJyvtw"f.r' w avErvuE + ♦y w - y OUNDARY J. PHASE 4B Alt MOIN , ,PHASE 28 sEu Ennfwv aawe � � s++rn+, -:- '' PHASE - PHASE 2A „A —TER y n• % 44 � PHASEl2A '--- --, 4h'y ' PHASE 2 I � 44 fr ♦ flEM GROWN urvr= y 1 1(1111AR!SPRWO pAflYfWAV -- 4 ' ww k' hh a r s» r PHASE IB PHASE 4A I w PARA ROAD Excerpt of Exhibit C-13 Proposed PUD Boundary The applicant and staff proceed on the reasonable assumption that the developer will offer— and the Council will accept—the greenway as public parkland. The greenway goes a long way towards meeting the PUD 30% common area requirement described in the Analyses & Findings (Attachment 102). Attachment 103Y-1/ Exhibit Y-1 Proposed Public Land illustrates proposed public land in darker green and remaining private common area in lighter green. ■ Subdivision, Preliminary Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment A: Land Use Staff Report Page 8 of 13 38 The preliminary subdivision application involves analyzing whether the division of property meets the directly applicable criteria in WDO 5.03.10. These in turn include other criteria of major importance such as lot dimensions (Tables 2.0213, 2.02C, & 2.02F), street improvements (3.01.01-04), and street connectivity and layout (3.01.05). The applicant will subdivide all of the development area, both within and outside the PUD boundary. The Council would approve the subdivision through the final decision document for the whole development. ■ Street Exception Outside the PUD boundary, the applicant requests a Street Exception to deviate from the model/standard street cross sections that the figures illustrate in 3.01.04 and customize the look, feel, and functions of streets, which constitute the majority of public space in a city. The request applies to roads and streets that are within the SDA but beyond the PUD boundary, because PUD allows modification or flexing of the street standards of 3.01 without need of any Zoning Adjustment, Variance, or Street Exception. The directly applicable criteria are in WDO 5.03.03. The applicant's request focuses most on where roads and streets would cross the unnamed west tributary of Mill Creek that the developer terms Smith Creek, seeking crossings atop culverts with narrowed street cross sections, and secondarily along the alleys placing mountable curb. The image on the next page indicates street modifications and exceptions with the two exception areas colored green. The Council would approve the Street Exception through the final decision document for the whole development. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment A: Land Use Staff Report Page 9 of 13 39 - _` !YE,3atJlls ta71VE_. - PHASE 3$ i T J u I —T c7 — r- gc cnao sraEEr �pBVI[FN "�:PHASEJ 48 1 i eaaWvwvP _ —LLsh¢tr+i okl'vE�IIA�c�.G 2& s u Fa, PHASE 1 � j sM /e/ PHASE t.- HEAaHWaGEA AVL•NNHj n: I r � � P \ 9 - � � 3 ---PHASE 3A7 L - / - 1 PHASE�C BAOWN LANE - U I KILLNM SPRING iARMNAY 110 4J �rK STANDARD CITY STREETS r. /, ''i PHASE 1$ PUD YBA D STREETS � w i - CROSSING ear NECKED DOWN yyor� SEE Its .. STREET S , T ALLE' 12'18'SYDEWALK : --. PARR RC1A0 __ -- ---- ■ Variance A variance is a request to vary from a WDO standard, requires justification, and is discretionary regarding review and decision. The directly applicable criteria are in WDO 5.03.12. The four variance requests are: 1. Minimum Street Frontage for Small and Row House Lots (Table 2.02C); 2. Minimum Front and Street Setbacks (Table 2.02C); 3. Maximum Lot Coverage (Table 2.02C); and 4. Alley-Loading of Small Lots in the Nodal Overlay (2.05.04B.). Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment A: Land Use Staff Report Page 10 of 13 40 In this case, the requests apply to lots within the SDA but beyond the PUD boundary, because PUD allows modification or flexing of the residential lot dimensional standards of 2.02 without need of any Zoning Adjustment or Variance. The Analyses & Findings (Attachment 102) describes the specific sets of lots to which each request relates. The Council would approve the variance requests through the final decision document for the whole development. ■ Phasing Plan This memorializes how development is phased. The purpose is to proportion public to private improvements and ensure that the developer makes required public improvements in a coordinated and timely way. The directly applicable criteria are in WDO 5.03.05. Recommended conditions ensure that phase by phase the developer provides public improvements and amenities. The Council would approve the Phasing Plan through the final decision document for the whole development. Major Issues To guide deliberation of major issues, the Commission may consider whether: • The development meets the intent of the Nodal Overlay, being the first such development under this overlay; • The PUD provides the proper kind, quantity, and quality of"enhanced public amenities"; • The PUD, subdivision (SUB), and phasing plan (PP) are sufficiently detailed to secure build- out of the SDA over the estimated five to eight years with the conditions; and • The four variances are acceptable with the conditions. Staff Conclusion Staff finds that the proposal meets applicable Woodburn Development Ordinance (WDO) provisions per the Analyses & Findings (Attachment 102) with the recommended conditions. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment A: Land Use Staff Report Page 11 of 13 41 Recommendation Approval: Staff recommends that the City Council consider the staff report and attachments and the Planning Commission recommendation and approve with the conditions the consolidated applications. Actions The Council may instead act on each land use application to: 1. Approve with any of revised or additional conditions based on City adopted provision(s), 2. Approve without conditions, or 3. Deny, 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 a special date of October 29, 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, RSN, and RMN zoning districts.) Attachment List See next page. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment A: Land Use Staff Report Page 12 of 13 42 Attachment List 101. Marked Tax Maps (3) 102. Analyses & Findings 103. Site Plans &Other Application Materials Excerpts: B. Exhibit B - Narrative C-1. Exhibit C-1 -Annexation Territory Map C-4. Exhibit C-4-Color Lot Type Map C-5. Exhibit C-5 series-Typical Lots (7 sheets) C-8. Exhibit C-8-Site Plans (13 sheets) C-11. Exhibit C-11 -Streets (3 sheets) C-13. Exhibit C-13 - PUD Boundary C-15. Exhibit C-15 - Nodal Master Plan (8 sheets) H. Exhibit H -Service provider letters (4) I. Exhibit I—Traffic Impact Study(abridged with no appendix) P. Exhibit P Supplement- Killian Spring Parkway Extension Section and Plan Y-1. Exhibit Y-1 - Proposed Public Land/Overall Site Plan & Phasing Sequence (6 sheets) Y-2. Exhibit Y-2—East Offsite Area Composite Utility Plan [Grading of City Stormwater Tract] 104. City Documents: A. Comprehensive Plan Land Use Map B. Comprehensive Plan Policy Table 1 C.Transportation System Plan (TSP) Figure 7-1 "Functional Classification Designations" (2005) D. WDO Figures 3.01E "Access Street" & 3.01G "Local Residential Street with Parking Both Sides, 60 Foot Right-of-Way" Model/Standard Cross Sections E. Mill Creek Greenway Master Plan (2007): West Tributary map (p. 28) and abridged plan 105.Traffic Documents: A.Traffic Summary B. City traffic consultant first report (April 2018) C. City traffic consultant second report(June 2018) Smith Creek ANX 2017-05, PUD 2017-01,et al. 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LU 4®® 40 MARION COUNTY, OREGON LU 500 SE1/4 NW1/4 SEC13 T5S R2W W.M. o EMAP CS 15919 SCALE 1" = 100' 0 2W13BC " L.E_ _E.N_D 300 LINE TYPES Taxlot Boundary Historical Boundary Road Right-of-Way Easement m r Railroad Right-of-Way Railroad Centerline ------------------ 74 19.46 (1284.36) ~ Private Road ROW Taxcode Line 30 0 0 0 0 0 0 0 871 Subdivision/Plat Bndry Map Boundary 700 T600 4011 Waterline - Taxlot Bndry Waterline - Non Bndry CORNER TYPES + 1/16TH Section Cor. 1/4 Section Cor. 871 \ 0 DLC Corner 16 15 Section Corner 103 00 03 0 2122 NUMBERS Tax Code Number SEE 052W14P 000 00 00 0 Q 0 Acreage All acres listed are Net Acres, excluding any p 958.32 1 0.25AC portions of the taxlot within public ROWS 800 m 0 ZD NOTES Tick Marks: A tick mark in the road indicates that the 958.32 1 labeled dimension extends into the public ROW 200.00 J 175.00 ro 1340.82 CANCELLED NUMBERS 900 Imo• SEE MAP " 052W13 WEST 501 J'\ 1000 1/16 COR z1o.s o ; CTR SEC + 130.71 128.21 130.71 290.4 1500 1400 1300 i 43.50 143.68 DISCLAIMER: THIS MAP WAS PREPARED 1200 FOR ASSESSMENT PURPOSES ONLY 622.28 207.43 207.43 207.42 1100 i imwn �/ v/ ? 1800 1700 1600 pr " CS 23670 0 '\ OREGON o FOR ADDITIONAL MAPS VISIT OUR WEBSITE AT " www.co.marion.or.us CS 21117 �A PLOT DATE: 1/23/2018 207.43 207.43 WOODBURN 207.42 130.71 4Q 128.21 128.22 143.50 L CR 517 PARR 45.00 ROAD � �- 5 M "' 052W13BD Attachment 102 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 • Requirement (or guideline) met, but might become unmet because of condition applied to meet separate and related requirement that is Revision needed for not met clear and consistent • Plan sheets and/or narrative inconsistent records • Other special circumstance benefitting from attention Section references are to the......................................................................................................"..............i .. " ...................................................."......(......................................). C����r: burn Develo.j..��..�....�:�.:�.....C�r�: in.arice "SDA" refers to the site development area that is the whole Smith Creek Development. Table of Contents I. Location.................................................................................................................................................2 II. Land Use &Zoning................................................................................................................................3 III. Statutory Dates.................................................................................................................................5 IV. Comprehensive Plan Goals...............................................................................................................6 V. Annexation Provisions...........................................................................................................................9 VI. Master Plan Provisions....................................................................................................................13 VII. Planned Unit Development (PUD) Provisions.................................................................................15 VIII. Preliminary Subdivision Provisions.................................................................................................27 IX. Exception to Street Right of Way and Improvement Requirements ("Street Exception") Provisions 33 X. Variance Provisions.............................................................................................................................36 ANX 2018-01 City Council Staff Report Attachment 102 Page 1 of 67 47 XI. Phasing Plan Provisions...................................................................................................................44 XII. Applicant Identity............................................................................................................................46 XIII. Conditions of Approval ...................................................................................................................47 Allor Multiple Phases.............................................................................................................................47 Phase1A..................................................................................................................................................58 Phase113..................................................................................................................................................63 Phase2A..................................................................................................................................................63 Phase2B..................................................................................................................................................63 Phase2C..................................................................................................................................................63 Phase3A..................................................................................................................................................63 Phase3B..................................................................................................................................................64 Phase4A..................................................................................................................................................64 Phase4B..................................................................................................................................................64 XIV. Notes to the Applicant....................................................................................................................64 I. Location Address(es) 6.9. ..... .e.!"!.....Brown Lane Tax Lot(s) Primary Tax Lot.052 W1 3 001 0 0.with Additional Lots 052W13BD 00100& 200 and 051W18BC 04000 Nearest 0 McLaughlin and Desantis Drives intersections • McLaughlin Drive and Austin Avenue (clockwise . McLaughlin and Smith Drives from north) • Ben Brown Lane and Elana Way • Parr and Stubb Roads NE • Harvard Drive and Vasser Street Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 2 of 67 48 II. Land Use & Zoning Comprehensive Plan In order of greater to lesser land area: Land Use Designation Low Density Residential Nodal Development Overlay; Medium Density Residential Nodal Development Overlay; and Low Density Residential Zoning District Upon annexation and in order of greater to lesser land area: Nodal Single Family Residential (RSN) Nodal Multi-Family Residential (RMN) Residential Single Family (RS) OverlayDistrict(s) Nodal Single Family Residential (RSN)* Nodal Multi-Family Residential (RMN)* Riparian Corridor and Wetlands Overlay District (RCWOD) (*The WDO presents each district as both a base zone in 2.02 and an overlay zone in 2.05.) Existing Use(s) Rural dwellings, agriculture For context, the two images below illustrate respectively the adjacent comprehensive or "comp" plan designations and zoning districts: r! �` � � � �„; ✓+""���r 'Yw "" °�`�� Orli � � .r f� ''�,," " t �� ^"✓" ✓ d,� m " and I '1� ,, „e.,uY, � �' ✓ a,,dm'"/ rte.. 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' ,„*d,. r" ,,.',�x r',r' r"" d, � '" ✓'°f r' �' /,� /,*"„r'/y✓"r'✓"ra"'J//'FI'�/'/! � � � J'�mmi4 / Ff F % I✓�Ff� ��, /i /',�^ 1�,pmouu!""W'�wsmmaaimmmwaam rero, w,v�,W.,.".".. �un< .. ,,------�r�� �� r,,✓ - �✓"'��,� Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 3 of 67 49 Comp Plan Land Use Map Excerpt Color Land Use Designation EJ pale yellow Low Density Residential EJturquoise Public Use E brown Medium Density Residential El medium green Open Space and Parks `�� IlYi 11"'%'VAI IIYI@+111YIP11 i ... x Il�Vilvll�l � 't m 'a Sqxm h Y - a - PISP :vs xbb.i e. / P m 4 x « p ¢r� r rrs w L S t a � Zoning p p Ma Excerpt Acronym Zoning District RS Residential Single Family P/SP Public and Semi-Public RM Medium Density Residential RIS Retirement Community Single Family Residential Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 4 of 67 50 III. Statutory Dates Application July 23, 2018 Completeness 120-Day Final November 20, 2018 per Oregon Revised Statutes(ORS)??x.178. (The nearest Decision Deadline and prior regularly scheduled City Council date is October 22, 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). The following applications constitute the Smith Creek Development consolidated applications package: • Annexation ANX 2017-05 • Master Plan MP 2017-02 • Planned Unit Development: Conceptual Development Plan PUD 2017-01 • Subdivision, Preliminary SUB 2017-01 • Exception to Street Right of Way and Improvement Requirements ("Street Exception") EXCP 2017-03 • Variance VAR 2017-14, and • Phasing Plan PP 2017-01. Because the consolidated applications package include annexation, which per 5.04.01 is a Type IV review with City Council decision and the highest type among the applications, the Planning Commission recommends upon all the applications and the Council decides upon them. The applicant submitted application materials on October 24, 2017 and revised and additional materials through September 19, 2018 (excerpted within Attachment 103). Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 5 of 67 51 IV. Comprehensive Plan Goals This section reproduces applicable comprehensive or "comp" plan goals in one section so that further below staff can simply cite a goal by number instead of reproducing the same goal text repeatedly. D. Residential Land Development and Housing D-1.1 Residential areas should be designed around a neighborhood concept. Neighborhoods should be an identifiable unit bounded by arterials, non-residential uses,or natural features of the terrain. The neighborhood should provide a focus and identity within the community and should have a community facility,such as a school, park,or privately owned community facility to allow for interaction within the neighborhood. D-2.5 To provide for needed housing close to neighborhood shopping with a pedestrian orientation, Woodburn shall adopt a new Nodal Development Overlay.This overlay designation shall apply in Southwest Woodburn as shown on the Woodburn Comprehensive Plan Map. Special design standards shall ensure a pedestrian orientation and compatibility between the residential and commercial uses. G. Growth Management and Annexation G-1.6 The City shall encourage high standards of design and flexibility that are enabled by the PUD zone. G-1.20 Woodburn shall apply a minimum density standard for new subdivisions and planned unit developments of approximately 80%of the allowed density in each residential zone. G-2.2 Woodburn will achieve more efficient utilization of land within the City by: (a) Incorporating all of the territory within the City limits that will be of benefit to the City. (b) Providing an opportunity for the urban in-fill of vacant and under utilized property. (c) Fostering an efficient pattern of urban development in the City, maximizing the use of existing City facilities and services,and balancing the costs of City services among all benefited residents and development. (d) Requiring master development plans for land within Nodal Development Overlay or Southwest Industrial Reserve overlay designations prior to annexation. Master plans shall address street connectivity and access, efficient provision of public facilities, and retention of large parcels for their intended purpose(s). G-2.3 Woodburn will use annexation as a tool to guide: (a)The direction,shape and pattern of urban development; (b) Smooth transitions in the physical identity and the development pattern of the community; and (c)The efficient use and extension of City facilities and services. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 6 of 67 52 H.Transportation H-1. Develop a multimodal transportation system that avoids or reduces reliance on one form of transportation and minimizes energy consumption and air quality impacts. H-1.1 Develop an expanded intracity bus transit system that provides added service and route coverage to improve the mobility and accessibility of the transportation disadvantaged and to attract traditional auto users to use the system. H-1.3 Develop a bikeway system that provides routes and facilities that allow bicyclists to travel from residential areas to schools, parks, places of employment,and commercial areas. Identify off- street facilities in City greenway and park areas. Ensure all new or improved collector and arterial streets are constructed with bicycle lanes. H-1.4 Identify sidewalk and off-street pathway improvements to improve pedestrian mobility within neighborhoods and between residential areas and schools, parks, places of employment,and commercial areas. Ensure all new or improved collector and arterial streets are constructed with sidewalks. H-2. Develop a street system that will handle projected year 2020 traffic demands in the Woodburn area, and interconnects residential areas with employment centers,schools, parks,churches,and regional transportation facilities. H-2.3 Identify new east-west and north-south collector/minor arterial streets within the City to relieve traffic demands on Oregon 219/214,211,and 99E and coordinate with Marion County to construct the street connections needed outside of the urban growth boundary(UGB).Where development of new collector/minor arterial streets is not possible within the near future,such as when an alignment runs outside of the UGB,work with property owners during subdivision to provide local street connections to improve connectivity in the interim. H-3. Develop transportation improvements that address overall traffic safety in the Woodburn area. H-3.2 Develop a plan for improving pedestrian and bicycle safety for travel to and from local schools,commercial areas,and major activity centers. H-5.1 Identify a range of potential Transportation Demand Management(TDM)strategies that can be used to improve the efficiency of the transportation system by shifting single-occupant vehicle trips to other models and reducing automobile reliance at times of peak traffic volumes. H-6.5 Woodburn shall consider traffic calming of through traffic in neighborhoods.Woodburn will coordinate with Marion County in making recommendations for methods and procedures for traffic calming that directly affects a county road, developing recommended best practices for methods, locations, and processes for traffic calming in both existing and new developments Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 7 of 67 53 H-6.7 The Woodburn TSP shall include measures to improve the walking and biking environment by providing sidewalks in all new developments and by providing an interconnecting system of pedestrian connections. Designing for a comfortable and practical pedestrian environment is especially important in Downtown Woodburn and within the Nodal Development Overlay. L. Parks and Recreation L-1.The Woodburn Parks and Recreation Comprehensive Plan shall establish a framework for land acquisition and future park improvements within the community. It is the goal of the City to provide adequate parks, recreation facilities, and open space to maintain Woodburn's livability and managed growth,and to provide social,economic and environmental benefits to individuals, families and the community. L-1.1 The City will ensure that sufficient land is made available to meet current and future parks and open spaces needs by acquiring and developing new parks in the area west of Interstate 5;the southwest area of the city,east of Interstate 5; and the southeast area of the City,west of Highway 99E. L-1.2 Where feasible,the City will acquire and develop neighborhood parks,trails,and open spaces through the development review process. L-1.4 To ensure walkability,the City will strive to provide parks,trails, and indoor facilities within one-third mile of Woodburn residents. L-1.6 It is the policy of the City to implement the Mill Creek Greenway Master Plan, and to manage the Mill Creek,Goose Creek and Senecal Creek corridors as public greenways and pathways; multiple functions will include open space and habitat preservation,flood control,cycling and walking on all-weather pathways, nature recreation and education, and limited playground activities where there is a deficiency of neighborhood parks.The City will establish and enforce a healthy streams policy to ensure that Woodburn's waterways are preserved and well-maintained. L-1.7 To provide for a continuous public greenway and pathway system,it is the policy of the City to acquire privately-owned segments along Mill Creek,Goose Creek, and Senecal Creek and other stream corridors including the west tributary from Settlemier Park to Parr Road. It is the policy of the City to seek dedication of floodplains and creek corridors for natural areas, neighborhood recreation areas, open space and transportation. L-1.11 Because recreation participation preferences and interests vary among employment, ethnic, social, and cultural groups,it is the policy of the City to ensure that parks,open spaces,facilities, and programs are developed to meet the diverse needs and interests of Woodburn's population. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 8 of 67 54 M. Energy Conservation M-1.The goal of the City is to encourage conservation of energy in all forms,and to conserve energy itself in the City's operations, buildings, and vehicular use. M-1.2 The City shall increase its commitment to energy conservation,including alternative energy vehicles, increased recycling,and reduction in out-of-direction travel.The City shall encourage its citizens and visitors to conserve energy.Where feasible,the City should retrofit City buildings and structures so that they may be more energy efficient. V. Annexation Provisions 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; 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: Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 9 of 67 55 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 2017-02) on February 2, 2017 as well as an additional meeting with staff on August 8, 2017 prior to application. Regarding the criteria of subsection C.: 1. The City comprehensive or "comp" plan, Section G. Growth Management and Annexation contains growth management policies. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 10 of 67 56 • Staff references Goal G-2.2, as does the applicant in the narrative (Exhibit B). Staff concurs with the applicant and summarizes that the territory can benefit the City through land supply for housing and parkland and fosters and efficient pattern of urban development by developing a larger finger of southwest rural land that lies close to central Woodburn to the east and the developed highway corridor to the north of the territory. Lastly, the applicant submitted the master plan required for any application for annexation within the Nodal Development Overlay comp plan map designation. • Staff references Goal G-2.3, as does the applicant. Staff concurs with the applicant and adds that staff and the applicant have negotiated the corollary development applications to propose a develop that well directs, shapes, and patterns urban development, transitions smoothly to, from, and along existing development, and efficiently completes City facilities and services, namely street connectivity; potable water, sanitary sewer, and storm water sewer; public parkland; and the Mill Creek Greenway trail. The applicant cites additional goals, and staff concurs. 2. The territory is contiguous with city limits. The territory would link to planned public facilities with adequate capacity to serve the few existing rural homesteads. Through proposed development and with conditions of approval for the development applications corollary to the annexation application, the territory would guarantee that public facilities have adequate capacity to serve development of the property. 3. The annexation shows a demonstrated community need for additional territory and development based on the following considerations: 1) It is contiguous to the City on at least two sides, generally north and east. 2) The comp plan land use map designates the territory a combination of Low and Medium Density Residential of which the vast majority has also the Nodal overlay. The applicant's request to annex indicates anticipated market need for housing types such as detached houses and row houses that would be permitted upon application of the RS, RSN, and RMN zoning districts or zones. Also, there is no oversupply of annexed Low or Medium Density Residential because the vast majority of Low Density Residential 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 Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 11 of 67 57 would not exceed five years, and the annexation includes a small portion of Medium Density Residential land within the urban growth boundary (UGB). Though the project covers a large area, the undeveloped residential land within the UGB is much larger. The annexation does not increase the inventory of buildable land designated on the comp plan map as Low or Medium Density Residential to more than a 5-year supply, meaning more than a quarter of the 20- year total residential supply within the UGB. Lastly, the narrative (Exhibit B, p. 59) indicates a project build-out of at least five to eight years, meaning development would not saturate the housing market in a single year or two and would provide a supply equal to that timeframe. 3) The corollary development will extend two streets major thoroughfares that the City plans for through Transportation System Plan (TSP) Figure 7-1 "Functional Classification Designations" (Attachment 104C): the Ben Brown Lane extension as Access Street Class to a joined Harvard Drive and Stubb Road, Harvard Drive itself also extending to join Stubb Road as Access Street class. 4) The territory is feasible for development, being relatively flat former farmland having no obvious physical constraints (other than a broad and shallow depression channeling stormwater to the west tributary of Mill Creek), and is adjacent to existing City infrastructure and Marion County roads and, as described above in 3), both extends and completes the arterial/collector street pattern as TSP Figure 7-1 depicts and connects six existing stub streets (Desantis Drive, Austin Avenue, Smith Drive, Ben Brown Lane, Stubb Road, and Harvard Drive) with extended and new public streets. The annexation includes right-of-way (ROW) of portions of Ben Brown Lane, Parr Road, and Stubb Road. Major infrastructure for the three major utilities— potable water, sanitary sewer, and stormwater management—follow mostly along or under streets. 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. 5) The applicant asserts no unmet community need. Because these analyses and findings come before the first public hearing by the Planning Commission, it is yet unknown if annexation fulfills a substantial unmet community need because the City Council has not yet identified such a need. Examples of community needs include park space and conservation of significant natural or historic resources, and the corollary development does include much Mill Creek greenway area that the developer is to improve and dedicate as park space. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 12 of 67 58 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 zones other than those compatible with the comp plan map designations per comp plan Policy Table 1 (Attachment 104B). Regarding F., the applicant addresses subsection 1. by transferring portions of adjacent ROWs to the City. Regarding subsection 2., Public Works staff indicated that dedication of public utility easements (PUEs) is deferred until the corollary development. As a single concluding and summarizing statement: • the territory is within the UGB; • the territory is designated for low and medium density housing—i.e. houses, manufactured dwellings, corner duplexes, row houses, and multi-family dwellings (colloquially thought of as apartments and condos); • the applicant's request to annex and develop indicates market need for new housing stock; and • Per City plans, the WDO, and conditions of approval, the proposed corollary development will provide needed public facilities benefiting itself and the city at large. The criteria are met. VI. Master Plan Provisions Because the proposal is for annexation of territory that the comp plan map designates as Nodal Development Overlay, 2.05.04C. requires that the applicant present a master development plan to the City Council for its approval. The applicant is the first ever to present a Nodal master development plan. Every annexation applicant is required to do so, and per C.1. the master development plan is conceptual and non-binding. Also per C.1., the purpose is for the City to use it as a general guide for development within the Nodal overlay. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 13 of 67 59 2.05.04C. Master Planning Requirement 1.A master development plan shall be approved by the City Council for the entire area designated as Nodal Overlay on the Comprehensive Plan Map, prior to annexation of any property within the Nodal Development Overlay Comprehensive Land Use Plan map designation. The master plan shall be conceptual and non-binding in nature, but may be used as a general guide for development within the Nodal Overlay Districts. 2.The required master plan shall show: a)The location and rights-of-way for existing and planned streets.These streets shall provide access to all existing and proposed parcels,consistent with the Transportation System Plan (TSP); b)The location and size of existing and planned sanitary sewer,storm water and water facilities,at adequate levels to serve existing and proposed development; c)The location and area of the Riparian Corridor and Wetlands Overlay District(RCWOD). Planned streets and public facilities that cannot reasonably avoid the RCWOD shall be indicated; d)A development plan for the Nodal Neighborhood Commercial center, neighboring multi-family areas,and potential parks,including planned pedestrian and bicycle connections within the Nodal Overlay District as shown on the Transportation System Plan, and pedestrian and bicycle connections to Southwest Industrial Reserve areas; e)A development plan for all residential areas,demonstrating consistency with applicable nodal design standards. The master development plan is composed of the Exhibit C-15 series (Attachment 103C-15) and shows the required items per C.2. It is up to the Council to do with it as it wishes. Though of course the Smith Creek Development proposal is an integrated project separate in itself, staff recommends that the Commission and Council consider how the project influences transitions by future development projects to the south across Parr Road, west across Stubb Road, and along the headwaters of the west tributary of Mill Creek. Just as importantly, the Council should consider whether the master plan sketches the kind of walking and cycling development that the Nodal overlay should manifest per 2.05.04A.: "The intent of the overlay districts is to provide community identity to higher density residential developments within walking distance (generally one-half mile or less) of the neighborhood commercial center. Nodal development will be designed with a pedestrian focus, with interconnected streets and pedestrian walkways, alleys serving garages located at the rear of lots ..." If the Commission or Council believes the plan does not, it should briefly direct staff about what legislative amendments it wishes the Council to pursue and when in the medium to long-term future and then continue in the here and now with deliberation and decision about the Smith Creek Development itself. The provisions are met. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 14 of 67 60 2.05.04 Nodal Overlay Districts B. Nodal Single Family Residential (RSN) and Nodal Medium Density Residential(RMN) Districts 1.Vehicular access directly to a public street is prohibited and alley access to garages facing the alley is required for anything other than standard single family development. Off-street parking, maneuvering and storage is prohibited within a required front or side setback,or any yard abutting a street with attached single family and small-lot single family development. 2.Alleys shall be required for all small lot single-family residential subdivisions and attached single family(row houses) development.Alleys shall be dedicated and paved to a minimum width of 20 feet. No parking shall be allowed within an alley right-ofway. The applicant proposals an overall site plan in which approximately 55.9% of the small lots are alley-loaded. To not have all small lots be alley-loaded, the applicant proposes variance request number four that staff analyzes further below under the Variance Provisions section. Variance: Staff addresses the provision of B. later under the Variance Provisions section. VII. Planned Unit Development (PUD) Provisions Several exhibits show the PUD boundary, including C-4 Color Lot Type Map, C-13 PUD Boundary, and Y-1 Overall Site Plan and (Attachments 103C-4, 103C-13, & 103Y-1). 3.09 Planned Unit Developments The purpose of this Section is to establish the requirements for Planned Unit Developments(PUDs). PUDs allow flexible development standards, unique street cross-sections,and more variety in permitted uses. They are especially appropriate when developing properties with unique topographic,geotechnical,or other constraints. They also encourage innovation and creative approaches for developing land. In exchange for the ability to modify development and use standards, PUDs must provide common open space and enhanced public amenities. 3.09.01 Allowable Types and Minimum Area of PUDs A.Transfer of Density PUD 1.A Transfer of Density PUD shall consist entirely of property in any residential zone, or in more than one residential zone.A Transfer of Density PUD may only be used to transfer residential density from undevelopable areas of a site (riparian corridor,floodplain,wetlands, unstable soils or slopes)to developable areas of a site, but not to increase the overall number of dwelling units allowed on the site. Note:This development option is often called cluster housing. 2.There is no minimum site area for a Transfer of Density PUD. B. Residential PUD Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 15 of 67 61 1.A Residential PUD shall consist entirely of property zoned RS, RM, RSN, RMN, RIS, or P/SP,or in more than one such zone.A PUD is not allowed in the Neighborhood Conservation Overlay District (NCOD). 2.A Residential PUD shall contain a minimum of two acres. C. Mixed-Use PUD 1.A Mixed-Use PUD may consist of property in any zone or zones.A Mixed-Use PUD is not allowed in the Neighborhood Conservation Overlay District(NCOD). 2.A Mixed-Use PUD shall contain a minimum of three acres. The narrative (Exhibit B, p. 55) indicates the applicant opts for B., a residential PUD, and the site development area exceeds two acres. The provisions are met. 3.09.02 Allowed Uses A.Transfer of Density PUD Single-family dwellings, manufactured dwellings, duplexes, row houses,and multiple-family dwellings shall be allowed in a Transfer of Density PUD. B. Residential PUD Any use allowed in any residential zone shall be allowed in a Residential PUD (see Table 2.02A). No separate Conditional Use process shall be required for any use that is described in the Detailed Development Plan and the project narrative. C. Mixed-Use PUD 1.Any use allowed in any zone shall be allowed in a Mixed-Use PUD(see Table 2.02A). No separate Conditional Use process shall be required for any use that is described in the Detailed Development Plan and the project narrative. 2. Mixed-Use PUDs are limited to a maximum of one third of the gross area of the non-district uses. There shall be no net increase of commercial or industrial area. Example:Commercial or industrial uses are limited to one third of the gross area of a residential zone. Residential uses are likewise limited to one third of the area of a commercial or industrial zone but are unrestricted in a residential zone. 3. Industrial uses shall be separated from residential uses(whether within the PUD or outside it) by at least 30 feet,except for one dwelling unit in conjunction with an industrial use,as allowed by Table 2.04A. The narrative (p. 55) and staff acknowledge that B. applies. Because the applicant opts not to describe any particular conditional use (CU) in the RS, RSN, or RMN zone, any future request for such use would require separate approval. Note: Because the greenway will assume residential zoning and staff assumes the developer will dedicate the greenway to the City, the following might become an issue later. Per Table 2.02A, B4 "government and public utility buildings and structures" are a CU in both the RSN and RMN zoning districts. Within the same table, B12 "rights-of-way, easements and improvements Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 16 of 67 62 for streets, water, sanitary sewer, gas, oil, electric and communication lines, stormwater facilities and pump stations" are permitted uses. Were the City to later propose something matching the category of"government and public utility buildings and structures" such as park buildings and structures, the City would need to subject itself to the CU process. To preclude the potential issue, the City could opt to request that the developer modify or append to the narrative as a revised Exhibit B to describe the CU of Table 2.02A, B4 and to describe it also in the PUD Detailed Development Plan. The provisions are met. 3.09.03 Density Transfer A.Any PUD may be used to transfer residential density from undevelopable areas of a site (riparian corridor,floodplain,wetlands, unstable soils or slopes)to developable areas of a site. Up to 40 percent of the density may be transferred,except as provided in Sections B through G, below. No more than 100 percent of the density may be transferred. B. If the PUD dedicates to the City or provides an easement for a trail or bike path shown in any adopted City Plan,an additional 20 percent of the density may be transferred. C. If the PUD dedicates to the City property abutting a public park,the Commission may allow up to an additional 20 percent of the density to be transferred, commensurate with the amount and usability of the property dedicated. D. If the improved common area of the PUD is available for use by the public,the Commission may allow up to an additional 10 percent of the density to be transferred, commensurate with the amount and usability of the improved common area.The area must be permanently posted with a sign reading, "This common area is available for use by the public." E. If the PUD plan proposes landscaping or buffering that exceeds the WDO minimum standards by at least 25 percent,the Commission may allow up to an additional 20 percent of the density to be transferred,commensurate with the amount, quality,and variety of the enhanced landscaping or buffering. F. If the PUD plan proposes stormwater mitigation measures that exceed minimum City standards by at least 25 percent,the Commission may allow up to an additional 10 percent of the density to be transferred, upon a recommendation by the Public Works Department. G. If the PUD plan proposes other environmental, sustainability,or architectural enhancements, the Commission may allow up to an additional 10 percent of the density to be transferred, commensurate with the amount,quality,and community benefit of the enhancements. Such enhancements may include, but are not limited to, solar heating or electrical generation, community gardens, public art, mitigation of off-site stormwater, and greywater diversion. The narrative (p. 56) indicates that the proposal avails itself of A., B., and D. for a total of 70% density transfer. The provisions are met. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 17 of 67 63 3.09.04 Conceptual Development Plan A. PUDs require both a Conceptual Development Plan and a Detailed Development Plan. These reviews may be accomplished sequentially or as a consolidated review, at the applicant's discretion. B.A Conceptual Development Plan shall include drawings and a narrative describing the surrounding neighborhood,existing site conditions,general development areas, phasing, land uses, building envelopes, architectural theme, landscaping and buffering,streets, bicycle and pedestrian circulation, common areas, utility locations,sign theme, and other information the Director may deem necessary to convey the concept plan. The applicant requests through the narrative (p. 57) that the City consider the PUD proposal as both a Conceptual Development Plan and a Detailed Development Plan. The provisions are met. 3.09.05 Detailed Development Plan A. PUDs require both a Conceptual Development Plan and a Detailed Development Plan. These reviews may be accomplished sequentially or as a consolidated review, at the applicant's discretion. B. No building,grading, access,or other development permit may be issued until a Detailed Development Plan has been approved for at least one phase of the project. C. Buildings shown on a Detailed Development Plan are exempt from Design Review if they are in substantial conformity to the Detailed Development Plan (see Section 3.07.01.B). D.A Detailed Development Plan shall include drawings and a narrative sufficient to demonstrate compliance with the Conceptual Development Plan and any conditions of approval previously imposed.A Detailed Development Plan shall provide specific information regarding the site layout, architecture,and proposed amenities.A Detailed Development Plan that proposes land uses not in the Conceptual Development Plan or that deviates by more than ten percent from any development standard in the Conceptual Development Plan for any phase,or that does not meet the standards of this Section shall not be approved.The applicant may request that the decision-maker approve such a plan as an amended Conceptual Development Plan. The applicant requests through the narrative (p. 57) that the City consider the PUD proposal as both a Conceptual Development Plan and a Detailed Development Plan. Staff accepts; however, because the details of several design topics remain unknown or unresolved and each phase plan is not yet detailed enough to be akin to construction drawings, for subsection D., staff applies Condition G5 requiring a Final Plan (FP) for each phase that must come before or with an application to the City for final plat. The provision is met with Condition G5. The proposed Phase 1A/2A clubhouse may avail itself of subsection C. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 18 of 67 64 3.09.06 Development Standards A PUD is intended to allow flexibility in the development standards of Sections 2.02 through 2.04 and 3.01 through 3.10.The Detailed Development Plan may propose modified standards without a separate Variance.Any standard that is not proposed for modification shall apply to the PUD.The development standards stated below shall not be modified through the PUD process. A.Common area and density shall comply with Table 3.09A. Common Area and Density Standards for Planned Unit Developments Table 3.09A Transfer of Residential Mixed-Use Density Common Four or fewer dwelling units All undevelopable site area Area, Five or more dwelling units, or 30 percent of gross site area, including all Minimum nonresidential uses undevelopable site area 1 Improved Four or fewer dwelling units None Common Five or more dwelling units 100 square feet per dwelling unit Area, Minimum Nonresidential uses None None None Residential Density, Minimum (units per net pursuant to the Comprehensive Plan 2 acre) Residential Density, Maximum(units per net Not specified 4 acre) 1. At least one common area shall be sized to accommodate a circle 25 feet in diameter. 2. In residential zones only. There is no minimum for non-residential zones. 3. Child care facility for 13 or more children,group home for six or more persons. 4. The maximum density is determined by setbacks,off-street parking,open space,and other requirements. Pursuant to Comprehensive Plan Policy Table 1, Note(p.7),allowable densities may be increased through PUD above the maximum(s) of the base zone(s). The applicable minimum common area row is "five or more dwelling units ...", and the proposal includes common area of 30.8% (23.72 acres among 77.0; Exhibit B p. 71). This amount is limited to common area within the PUD boundary. The applicable minimum improved common area row is "five or more dwelling units ...", and the proposal includes common area exceeding 48,400 square feet (sq ft) based on (100 sq ft x 484 dwellings) and improvement in the form of a paved greenway trail. Of the more than 800 total dwellings, 484 are within the PUD boundary (p. 71). Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 19 of 67 65 The minimum density per the comp plan is for RS 5.2 dwellings per net acre, for RSN 7.9, and for RMN 10. The Exhibit T density table indicates that the proposal meets the minimums. The proposal does not approach or exceed the maximum densities for 7.26 for RS, 10.89 for RSN, and 22 for RMN. Regarding Footnote 1, several of the common areas including the greenway can accommodate a circle 25 ft in diameter. The provisions are met. 3.09.066. Improved Common Area 1. Common areas are deemed improved if they are provided with benches, playground equipment,gazebos, picnic facilities,or similar amenities. Lawn area by itself does not constitute improvement.Trails or paths do not constitute improvement, unless they connect to the public trail system. 2. Common meeting or recreation rooms are deemed to be improved common areas. 3. Improved common areas are subject to the performance guarantee provisions of Section 4.02.08. 1.02 Open Space,Common:An area,feature, building or other facility within a development which has been dedicated in common to the ownership within the development,or to the public,specifically for the purpose of providing places for recreation,conservation or landscaping,and which is intended for the use of the residents and property owners of the development. The overall site plan (Exhibit Y-1) and detailed site plans (Exhibit C-8 series) illustrate common area, most of which is open space. A small fraction would be private in the form of clubhouses —one within the planned unit development (PUD) and one beyond —and their grounds. The general plan shows the Mill Creek tributary as the open space main axis aligned generally east- west, with a major axis and five minor axes branching off generally to the north. This major north axis is at the east of the Smith Creek Development site area and leads towards Nellie Muir Elementary School. This amorphous area is to be tracted, that is, divided into parcels as "tracts" distinct from ordinary, marketable and developable "lots". The applicant and the City, through the Assistant City Administrator in his role with parks and recreation, are yet to delineate the boundaries between tracts that would be private and those that would be granted to the City and so made public. The west tributary of Mill Creek, which the applicant terms "Smith Creek" and is about 2,850 feet (ft) long excluding its northwest spur, is part of the Mill Creek Trail planned for by the Mill Creek Greenway Master Plan (2007; Attachment 104E). Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 20 of 67 66 Iiii� I Illllllllllllpllllll /J VIII II rr Jf ���N/illl/1111 �f1/ r � /%io w wr�xa+w�ww. laD�l e P�UaW�n �f� wrvrm wrrarum 7 Mill Creek Greenway Master Plan(2007) West Tributary map(p. 28)excerpt Generally, the plan calls for a paved trail along Mill Creek and its major tributaries and some amenities associated with trails. A chief interest for parks and recreation is that the developer grant improved common area instead of raw land. This includes ballfields, game courts, playgrounds. The plan illustrates conceptual sites of a few ballfields, game courts, and playgrounds, specifically two soccer fields and a basketball court. Within the greenway—to be public—amenities and trail support facilities include the trail itself, paths, footbridges, and a basketball court and in other common areas— most of which are likely to be private—a clubhouse, the three playgrounds, and the two soccer fields. Staff persuaded the developer to provide additional improved common area above and beyond the trail pavement itself in service of the purpose of PUD providing "enhanced public amenities". Staff applies conditions to specify and mold improved common area for several reasons: 1. The City can condition approval of a planned unit development (PUD); 2. PUD is a tool expressly for customization by the City and a developer about private and public benefits of how to develop land; and Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 21 of 67 67 3. WDO 3.09 necessitates that there be an exchange between modifications to development standards and both unimproved and improved common area. Planning staff is interested in the PUD providing outdoor public gathering places, such as at least one plaza, that Woodburn has yet to enjoy in its outer ring and besides the Woodburn Downtown Plaza. Most Woodburn residents live outside downtown, and future residents of the Smith Creek Development would greatly appreciate a local gathering spot. Per 1.02 Definitions, "terms not defined in this Section have the meaning set forth in the New Oxford American Dictionary, 2010 edition (see Section 4.02.06.B.6.)", which reiterates that "terms not defined in Section 1.02 (Definitions) shall have the meaning set forth in the New Oxford American Dictionary, 2010 edition." Definitions are: "Enhance": "intensify, increase, or further improve the quality, value, or extent of". "Public": • "of or concerning the people as a whole"; • "open to or shared by all the people of an area or country"; • "of or provided by the government rather than an independent, commercial company". "Amenity": "a desirable or useful feature or facility of a building or place". The Mill Creek Greenway within the site development area lies entirely within the PUD boundary. Staff applies PUD conditions for the following amenities and support facilities, most or all of which would fall within the greenway: ✓ Benches ✓ Bicycle parking ✓ Dog waste stations ✓ Drinking fountains ✓ Plaza with a podium stage and a shelter ✓ Restrooms ✓ Recycling and trash receptacles ✓ Trees ✓ Greenway identification and wayfinding signage. The applicant and staff proceed on the reasonable assumption that the developer will offer— and the Council will accept—the greenway as public parkland. The greenway goes a long way towards meeting the PUD 30% common area requirement analyzed earlier above. The area and its improvements will be public. The above items are indeed desirable and useful features and facilities that the public makes use of in parks. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 22 of 67 68 The applicant and staff agree the trail and path network is the prime improvement of the greenway and most common areas within the PUD. The above amenities and support facilities improve the quality of recreation along the trail and paths and widen the perception of trail corridor as a place to linger and recreate instead of passing through relatively barren area as quickly as possible. They enhance the public realm. So that the developer and staff can determine design details following Council approval with conditions, staff applies conditions requiring Final Plans (FPs) of the developer prior to platting to address topics including landscaping. A PUD condition addresses dwelling architecture, mostly that which is public-facing, as an enhanced public amenity, namely aesthetics, and to encourage front patios and porches that transition between private and public spaces and provide sociable gathering places. Another condition requires trees in large-enough sun-facing front yards to reduce the urban heat island effect and help residents to endure temperatures above 90 degrees. The provisions are met with the general and PUD conditions. C. Streets 1.A PUD shall conform to and,where possible,enhance existing or planned vehicle, pedestrian and bicycle networks,including connections and functionality. Note:See Figures 7-1 (Functional Classification Designations),7-3(Pedestrian Plan), and 7-4(Bicycle Plan) of the Transportation System Plan. 2.All streets shall be public. 3. Boundary and connecting streets shall use the street sections of Section 3.01.04. 4. Internal streets may use the street sections of Section 3.01.04,or the PUD may propose other street sections, provided that the streets: a. conform to the Oregon Fire Code(see Figures 3.04C and 3.04D) b.include sidewalks,and c. are constructed to the specifications of the Public Works Department. Exhibits B (p. 73), C-8, and C-11 show the provisions are met. The applicant also submitted a corollary Street Exception application that staff analyzes further below under 5.03.03. The provisions are met. D. Parking If a front setback of less than 20 feet is proposed,the requirement of Section 3.05.03 for an improved parking pad for single-family and duplex dwellings may be satisfied by on-street parking or by a common off-street parking lot. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 23 of 67 69 The narrative (Exhibit B, p. 73) indicates the developer desires to set back garages from front and rear property lines at least 20 ft. A PUD condition allows the developer to set back at a lesser minimum of 18 ft. This slight reduction in setback will still provide off-street parking of sufficient depth because the developer is providing the required two spaces per dwelling within a garage for each dwelling. The length of 18 ft is sufficient for an additional vehicle to park on a lot in tandem with the adjoining space within a garage. General condition G9 seeks to preserve more on-street parking through strategic location of fire hydrants. Two PUD Conditions allow house and row house off-street parking spaces to be a minimum of 9 by 18 feet instead of 10 by 19 and 10 by 20 feet to accommodate typical size vehicles while also: a. Allowing for lawns to be slightly larger; and b. Shrinking driveway aprons/curb cuts to: 1. increase where on-street parking can fit and 2. fit more planter strip area with street trees. The provisions are met with the general and PUD conditions. E. Signs 1.A PUD may include a sign plan to require a common architectural design and location. 2.The standards of the Mixed Use Village(MUV) zone shall apply to commercial uses in the residential zones of a Mixed-Use PUD. For private signage, the applicant opts not to make use of sign plan. The provisions are met. 3.09.07 Modifications to an Approved Detailed Development Plan A.The Director may administratively approve minor modifications to an approved Detailed Development Plan. B. Major modifications are those that propose to change the proposed uses,increase density, relocate buildings, parking,or access points, reduce common area or the amenities provided in improved common area,or,in the opinion of the Director,are more than minor modifications. Major modifications to an Approved Detailed Development Plan shall be reviewed as a Modification of Conditions pursuant to Section 4.02.07. The applicant and staff acknowledge this. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 24 of 67 70 The provisions are met. 3.09.08 Nullification ... Nullification of the PUD is not relevant at this time and the applicant or a successor is not seeking it. U«« The provisions are not applicable. 3.09.09 Owners/Tenants Association Any land and structures not dedicated to the public, but reserved for the common use of the owners or tenants,shall be subject to control by an association of owners or tenants. The applicant's narrative (Exhibit B) does not confirm that the proposal would meet the provision, and staff applies a condition. The provision is met with a SUB condition. 3.09.10 Phasing A. A PUD may be developed in phases, pursuant to Section 5.03.05. B. Phases shall be functionally self-contained with regard to access, parking, utilities,open spaces, and similar physical features,and capable of occupancy,operation,and maintenance upon completion. C. The phased provision of common areas and improvements shall be roughly proportional to the development of housing and other elements intended for private ownership. D. At least one improved common area sized to accommodate a circle 25 feet in diameter shall be provided with the first phase. Regarding A., the proposal is phased and the applicant submitted a corollary Phasing Plan application that staff analyzes further below under 5.03.05. Regarding B-D., these PUD criteria are worded differently than the general phasing criteria in 5.03.05. Regarding B., the exhibits and narrative (pp. 75-78) show this provision is met. Regarding C., the exhibits and narrative (p. 79) show this provision is met. Regarding D, Phase 1A has multiple common areas that meet the provision. The provisions are met with a PP condition. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 25 of 67 71 5.03.06 Planned Unit Development(PUD),Conceptual Development Plan Approval A. Purpose: The purpose of a Type III PUD Conceptual Development Plan Approval is to ensure that the proposed development complies with all provisions of this ordinance. The PUD process is intended to provide incentives for greater creativity and adaptability in development design, through a process that allows flexibility in the application of standards,while at the same time meeting the overall intent of this Ordinance(Sections 2 and 3). PUDs are governed by Section 3.109. B. Criteria: Approval of a Conceptual Development Plan shall require compliance with the following: 1. That approval does not impede the future best use of the remainder of the property,or adversely affect the efficient development of any adjoining land or access thereto. 2. That the proposed development is served with City streets,water,sewer and storm drainage facilities with adequate capacity. 3. That the plan for the development takes into account topography,vegetation and other natural features of the site. 4. That adequate measures have been planned to alleviate identified hazards and limitations to development: a. For wetlands,these shall be the measures required by the Division of State Lands for regulatory wetlands. b. For unstable areas,these measures shall be documentation as approved by the Public Works Department, ensuring that streets and building sites are on geologically stable soil, considering stress and loads. 5. If phased,that the development of the subdivision is balanced with the need for urbanization within the Woodburn Urban Growth Boundary. 6. That the requested flexibility in development standards is justified by commensurate public benefits. 7. That the proposed PUD is compatible with surrounding developments and neighborhoods. 8. That the tentative plan complies with all applicable provisions of this ordinance. This section is much the same in intent and purpose as 3.09.04 [PUD] Conceptual Development Plan analyzed earlier above and is virtually the same criteria wording as 5.03.10 Subdivision Preliminary Approval analyzed later below. The provisions are met with PUD and subdivision (SUB) conditions. 5.03.07 Planned Unit Development(PUD), Detailed Development Plan Approval A. Purpose: The purpose of this Type III review is to ensure that the Detailed Development Plan provides sufficient detail to ensure compliance with the standards of this ordinance (Sections 2 and 3) and that the design elements of development are consistent with the preliminary approval of the Conceptual Development Plan. Criteria: 1. The Detailed Development Plan shall substantially conform to the approved Conceptual Development Plan, including conditions of approval. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 26 of 67 72 2. The Detailed Development Plan shall refine and make specific the Conceptual Development Plan. 3. The Detailed Development Plan shall demonstrate that the requested flexibility in development standards is justified by commensurate public benefits. 4. The Detailed Development Plan shall demonstrate that the proposed PUD is compatible with surrounding developments and neighborhoods. This section is much the same in intent, purpose, and criteria wording as 3.09.05 [PUD] Detailed Development Plan analyzed earlier above. The provisions are met with PUD conditions, particularly Condition G5 (PUD Final Plans). VIII. Preliminary Subdivision Provisions 5.03.10 Subdivision Preliminary Approval A. Purpose:The purpose of a Type III Subdivision decision is to ensure that the division of properties into 4 or more lots complies with the standards of this Ordinance(Sections 2 and 3). Subdivisions are allowed in all zones, provided the proposal meets applicable standards. B.Criteria: Preliminary approval of a Subdivision shall require compliance with the following: 1.That approval does not impede the future best use of the remainder of the property under the same ownership or adversely affect the safe and efficient development of the remainder of any adjoining land or access thereto. 2.That the proposed development shall be served with city streets,water,sewer and storm drainage facilities with adequate capacity. 3.That the plan for the development takes into account topography,vegetation and other natural features of the site. 4.That adequate measures have been planned to alleviate identified hazards and limitations to development: a. For wetlands these shall be the measures required by the Division of State Lands for regulatory wetlands. b. For unstable areas,demonstration that streets and building sites are on geologically stable soil considering the stress and loads. 5.The preliminary plat complies with all applicable provisions of this Ordinance(Sections 2 and 3), except where waived by variance. Fire Apparatus Turn-arounds Regarding B.4., and based on staff experience with the past subdivision Links at Tukwila Phase IV at north central city limits along N. Boones Ferry Road, to alleviate the hazard of inadequate access for firefighting and medical emergencies, staff applies subdivision Condition SUB-FD that Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 27 of 67 73 as the project builds out the developer will lay temporary fire turn-arounds at each stub street within a completed phase. Stamped Crosswalks Regarding hazards to pedestrian safety upon development, the proposal treats through stamped concrete at least 32 bicycle and pedestrian crosswalks at both intersections and mid- block—treatments that increase safety to crossing cyclists and pedestrians both for residents and the public traveling through the development including to and from the three public schools, Centennial Park, and the greenway. The Exhibit C-8 series illustrates them. A general and a PUD condition ensure their construction. Speed Tables Because both Ben Brown Ln and Killian Spring Pkwy are the two through streets and major thoroughfares through the SDA, the trail mainline and north segments cross them at two points, and the trail will attract many users including children, it is necessary to reduce speeding by drivers and enhance visibility to drivers of cyclists and pedestrians. For these reasons, staff applies PUD conditions including Condition PUD-10 requiring that two of the proposed treated crosswalks be raised crosswalks/speed tables. This meets comp plan Goal H- 6.5. The images below are not any specific design that the applicant or staff proposes; they are illustrations of examples: a mid-block speed table on the left and an intersection speed table on the right: ifl rw�P + ... - i � I 4`v �t Mid-block example Intersection example(Courtesy National Assoc. of City Transportation Officials[NACTO]J Off-site Sidewalk Gaps Because the proposal would leave Ben Brown Ln sidewalks with gaps such that beyond the SDA east boundary pedestrians on the south side could not reach Elana Way and north side pedestrians could not reach existing sidewalk along existing Ben Brown Lane, transportation (T) condition T-BP1 requires the developer to fill the off-site sidewalk gaps, each fewer than 100 ft. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 28 of 67 74 This would preclude the hazard off rust rated pedestrians jaywalking or walking in the street upon discovering that a sidewalk dead-ends. Wetlands/DSL Regarding B.4.a. wetlands, although a creek spans the site, past farming had so altered the creek corridor that little of inventoried insignificant wetlands (per City GIS) appear to remain. (Just off-site to the east on the City stormwater tract, small inventoried wetlands do exist.) Beyond the creek, two small wetlands do exist in the north end of the SDA, and the overall site plan indicates Phase 3B and 4B common areas including these wetlands (313: northwest of Killian Spring Parkway; 413: west of Yvonne Street and south of the clubhouse). The applicant indicated verbally on September 18, 2018 that he is aware that any fill of any of the wetlands would require review and approval by the Oregon Department of State Lands (DSL). Regarding B.4.b., the narrative (Exhibit B p. 103) indicates that site has no unstable areas. Flooding Regarding B.4. and flooding specifically, as hazard reduction SUB conditions, particularly Condition SUB-5, ensures upstream water during the 100-year flood would not inundate the development or downstream inundate existing off-site development in the vicinity of S. Settlemier Avenue. Public Works staff notes that the property is still in Marion County jurisdiction until the annexation process is completed. Once the property is annexed into the City, Public Works staff will work with the developer to do a final review of the storm flood study and storm detention analyses and requirements. Marion County will need to be involved and concur with the proposed floodway study that may affect their jurisdiction upstream from the proposed. For these reasons, staff applies Condition SUB-PW1. Traffic Mitigation Attachment 105 is a one page staff summary of traffic. Regarding criterion 5., and in turn 3.04.05, as an off-site mitigation of the proposal worsening traffic per the applicant's traffic study (Exhibit I, pp. 11 [Table 21 and 23 [Table 5]) at the intersection of N. Settlemier Avenue and W. Hayes Street, staff applies transportation (T) Condition T-A2 for feasibility study funds. The objective is to fund City study of the best kind of capital improvement of the intersection and drafting drawings of the improvement. It meets comp plan Goal H-3. The condition is based upon the expert opinion of a transportation engineer retained by the City to evaluate the applicant's traffic study (Exhibit 1). Lancaster Engineering concluded in the Smith Creek Development Transportation Study Review and Analysis of Impacts (April 5, 2018; Attachment 105B, p. 12) as follows: Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 29 of 67 75 "The intersections of Settlemier Avenue/ Highway 214 and Settlemier Avenue/ Hayes Street do not meet applicable performance standards and mitigation is recommended. The TIS indicates that it is Woodburn's responsibility to mitigate Settlemier/ Hayes; t is unclear why the applicant could not be required to do so as a condition of approval, as the '[rational] nexus' and '[rough] proportionality' tests appear to be met." Additionally, to mitigate traffic and induce more cycling and walking instead of driving, staff applies two transportation (T) bicycle/pedestrian (BP) conditions, T-BP3 and T-BP4, for mid- block crossings to connect the trail across S. Settlemier Avenue with Settlemier Park with the trail and connect the south end of the development across Parr Road with Heritage Elementary and Valor Middle Schools. These improvements also reduce hazards to cyclists and pedestrians crossing major thoroughfares, and the Parr Road crossing serves as a "Safe Route to School". The safer the crossings are and feel to parents and children —and the elderly as well —the more likely they are to use them to get to and from schools and parkland. The Transportation System Plan (TSP) states on p. 5-11 that, "techniques for improving pedestrian crossing safety, such as curb extensions and pedestrian refuges, should be implemented where feasible." The conditions are in keeping with comp plan Goals H-1.4, H-3, H-3.2, H-5.1, H-6.5, and H-6.7. Transportation (T) Condition T-A3 (Killian Spring connection to W. Hayes) ensures conformance with the traffic study (Exhibit 1) that the City's transportation consultant confirms assumes connection of the two streets though most of the exhibits do no show it because it would like outside the SDA. Exhibit P does provide an illustration of this connection and easement documents facilitating street construction, further cementing that this connection will be built and preclude much out-of-direction driving by the residents and public between both Phases 3B and 4B and points beyond. The connection would also allow astute drivers wishing to go eastbound on Oregon Highway 214 to avoid both intersections of N. Settlemier Avenue and the highway and N. Settlemier Avenue and W. Hayes entirely by taking the route of Killian Spring 4 W. Hayes 4 either Cozy Way and then W. Lincoln Street to Leasure Street or directly to Leasure Street --) Highway 214 per the illustration below: Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 30 of 67 76 U RAINIER 120 O m L �G1 Q � N STATE hiWY 214 $ IIMUIUUMNNHOHW 214 cy ti ti z o N,UNC LN Sr z �14ouN6 ioNuluW W UNCOLN 8r�iuuluulm VoUWf�iioGuuWi mmum�omu�h m ". wrL�Ncot a ; u�arecp�r SIP a a w �4tl �P U U O U q v~i Lv LL J „p S IY!IYI ryrygg�� $ 1✓�✓Y1AM'E� Y !Rtt!ttltttlNpNIIYNWN!NN�IWNWN4p111461!IHL'YN/AMpWN!NNttlpllllllulllllplllulllulli ttpOIQII@! IIIIIIppIIW iIIIIIIIIIQIIIN opkWN/M iIIIIIIIIIPIIu �W'WAYES Sr'ipluNNu�iIWNkH�.` h SS �R'FOELO ;5.7' �* il. wli 0 r .. CFTX LI11,Tg� LESA.NrtS�R sMt1H Killian Spring Parkway Phase 3B extension to W. Hayes Street: Bypass of N.Settlemier Avenue The developer is extending two major thoroughfares per Transportation System Plan (TSP) Figure 7-1 Functional Classification Designations planned since TSP adoption in 2005: „��� �l�r7rrrrrrrrr rrv:;� ,,,�r „�,,,,, rnaaaaaamr� i i moo, /®11�1111111111111111111111111111111111111111111111111111111111111111111111111111111111�����1� ;'' +"«q r ' r ti%i rW JI a lig d. ia1�111IIIII�Illllll�lini�iii'ii`iiiiiiii�i�i�uuuuuuuuuuuuuuuuuuui�'�ff Marked TSP Fig. 7-1;pink outline indicates Ben Brown west extension and north-south connection of Harvard Drive with Stubb Road The Transportation System Plan states on p. 7-7 that a grid system of streets in the southwestern area of the UGB, which includes the SDA, "should be constructed" and "provide Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 31 of 67 77 connectivity options for pedestrians, cyclists, and motorists and also help reduce reliance on the historic Settlemier corridor." The connection would meet comp plan Goals G-1.3; G-2.3(b); H-1.4; H-2; H-3.2; and H-6.2. Condition T-A4 supplements by removing the stop signs from the Hayes legs of the T-intersection of W. Hayes Street and Oregon Way so as to not unnecessarily delay vehicles traveling between the SDA and points west of Killian Spring Parkway. The Ben Brown extension, connection of Harvard and Stubb, and Killian Spring extension will provide routes alternate to N. Settlemier Avenue. The general condition G1 (substantial conformance) covers the off-street paths and induce cycling and walking over driving and most of which provide convenient shortcuts across blocks. Expiration The expiration date for the preliminary subdivision is per WDO 4.02.04B. Staff interprets subsection 2. that refers to "the activity approved in the decision has commenced" to mean application to the City for Subdivision Final Plat Approval through WDO 5.01.06. Staff seeks to prevent plats that the City approved but a developer has not recorded with the County from lingering and to prevent also from lingering indefinitely undeveloped phases within the SDA. A goal is to preclude years from now argument with the developer or successors about whether and how much of the approval for the SDA remains valid. Staff applies a SUB Condition, a platting schedule table, based on the narrative (Exhibit B, p. 59) estimate of build-out up to eight years. Note: Oregon Revised Statutes [ORS] 92.040 states that, "After September 9, 1995, when a local government makes a decision on a land use application for a subdivision inside an urban growth boundary, only those local government laws implemented under an acknowledged comprehensive plan that are in effect at the time of application shall govern subsequent construction on the property unless the applicant elects otherwise." The provisions are met with conditions. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 32 of 67 78 IX. Exception to Street Right of Way and Improvement Requirements ("Street Exception") Provisions Because the proposal is includes a Street Exception, per 4.01.07 and 5.03.03 it requires a Type IV review with City Council decision. 5.03.03 Exception to Street Right of Way and Improvement Requirements A. Purpose:The purpose of a Type III Exception is to allow a deviation from the development standard required for the functional classification of the street identified in the Transportation System Plan. Street exceptions are processed in conjunction with a development proposal that is a Type III application. B.Criteria: 1.The estimated extent,on a quantitative basis,to which the rights of way and improvements will be used by persons served by the building or development,whether the use is for safety or convenience; 2.The estimated level, on a quantitative basis,of rights of way and improvements needed to meet the estimated extent of use by persons served by the building or development; 3.The estimated impact,on a quantitative basis,of the building or development on the public infrastructure system of which the rights of way and improvements will be a part; and 4.The estimated level, on a quantitative basis,of rights of way and improvements needed to mitigate the estimated impact on the public infrastructure system. C. Proportionate Reduction in Standards:An exception to reduce a street right of way or cross section requirement below the functional classification standard may be approved when a lesser standard is justified based on the nature and extent of the impacts of the proposed development. No exception may be granted from applicable construction specifications. D. Minimum Standards:To ensure a safe and functional street with capacity to meet current demands and to ensure safety for vehicles, bicyclists and pedestrians,as well as other forms of non-vehicular traffic,there are minimum standards for right of way and improvement that must be provided to meet the standards of this Ordinance(Section 3.01). Deviation from these minimum standards may only be considered by a variance procedure. The applicant's two requested Street Exceptions (EXCPs) are limited to the creek crossings of Ben Brown Lane and Stubb Road and are apart from PUD modifications to alleys and cross sections of other streets. The applicant is proposing that some alleys be at the 20-ft minimum in the form of 19 ft of asphalt plus 1 ft of mountable curb —capable of mounting by a fire apparatus. Because there is no WDO 3.01.04 model cross section for an alley and the alleys are to be paved at 20 ft per 2.05.04B.2., staff doesn't consider these alleys either in need of or as a Street Exception. The applicant's narrative addresses the criteria in Exhibit B, pp. 86-87 and 90-92. Exhibit C-11b illustrates the two crossings in particular. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 33 of 67 79 First, staff notes that one of the applicant's main points about the narrowed crossings is that they preserve natural area. The City geographic information system (GIS) indicates a narrow band of"other" (i.e. insignificant) wetland 40 ft at greatest width and along about 1,700 ft of about 2,850 total ft of creek centerline between the west end of the SDA and the east end of the SDA at the City stormwater tract. Current context shows less than what the word "wetlands" would suggest as the photo below illustrates: ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... x i/rl%//rl„If/r1n9r %�/r/iri% i�vii,,r ,,,,�f �:r,���, ��/ fr/l ��((,,��1 r�i! 7�'frl�;��/l;(��1{ rr,�,�/,,�l�l �, r r1�✓ � 1 i '' // �✓//rl/%�r � ��,r / � ��„ l�� �(�� I, �J�1�� ���,�r�ap �/�y, �'� 1`�y�� p �ru{�r ) �� �//%/ 1��/�A���//�rly"�r,��1 rN r d(l r�a a✓�� �� �" P�°s � r i � � ' � ��q i 1 % 0;; f / �r���' �''�I(( :l, , q r ,✓ �9r r WA'�r �!�„ � r 1 u ��, .✓{ i �dry{'� �����//��j rig/r j � �I i u�y �A sk a � r L� rr cb� West tributary of Mill Creek, looking east/northeast from the vicinity of where Ben Brown Ln would be(staff photo from site visit March 20, 2018) The west tributary of Mill Creek is in fact more accurately described as a narrow dredged drainageway. It is devoid of trees and shrubbery. The only visible standing water is the creek itself, which was shallow even in March 2018 and is not fish-bearing. The property until recently was a working farm, meaning the land has long been disturbed, shaped, and plowed over time from whatever natural state it was in. In short, there is no natural area as conventional understood. Because none exists, there is no compelling need to narrow the crossings. The culvert under each of the Ben Brown Lane and Stubb Road crossing will convey Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 34 of 67 80 the water it needs to convey, whatever the width of a crossing. The crossings are not bridges so much as simply streets with culverts under them and depressions on either side. Second, staff notes that for past EXCP requests for other projects, staff exercises discretion in interpreting the criteria and has been more lenient with small, infill projects that front existing streets narrower than the planned cross sections. The proposal is for entirely new development where no development exists. Third, staff applies great discretion to EXCP requests, which are discretionary reviews, and seeks to protect the safety and comfort of cyclists and pedestrians. Both Ben Brown Lane and Stubb Road are to be Access Street class, which does not include bicycle lanes. Where there are no bicycle lanes, most cyclists are fearful enough that they ride on sidewalks rather than in the street. Also, the crossings will pass over the center line of and provide the most visibility to the greenway. Those who do drive from farther away and park to visit the greenway as a regional attraction will be attracted to this obvious landing spot to park—or close to it. Because neither the applicant nor the City is proposing off-street parking set aside for the greenway, visitors will be parking on-street. All of the lots along Ben Brown east of Killian Spring Parkway lack alley access and so eliminate most on-street parking on Ben Brown, including at the applicant's proposed crossing. Along Stubb Road, there are a few alley-loaded lots within about 300 feet to the north and a 200-ft or so stretch of uninterrupted on-street parking on Sawtelle Drive east of Stubb Road. There will be comparatively more on-street parking, but not much given this will be the western terminus of the improved greenway and the park within closest reach of the developed residential lands west of Harvard Drive and Evergreen Road, closer than Centennial Park. Eventual development of UGB land further west and south would only induce more demand for easy, public on-street parking at or near the greenway. For both crossings, on-street parking also compensates for the lack of planter strips with trees to calm and slow traffic. Lastly, for safety and perception of safety and comfort, cyclists and pedestrians need some "shy zone" distance from both the crossing outer edge wall and railings and from door swings of parked vehicles. In short, to provide ample on-street parking and provide for the safety and sense of safety and comfort of cyclists and pedestrians, staff revises the applicant's proposed narrowed crossings such that they shall conform to Figure 3.O1E, which Attachment 1O4D illustrates, except that: Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 35 of 67 81 • each travel lane will be 11 ft instead of 12 ft, which remains plenty of width even for busses and trucks; • the crossings will have no planter strips with trees; • each sidewalk, which the applicant desires to be curb-tight, will be 8 ft instead of 6 ft; and • the remaining unimproved width within the 66 total ft of planned ROW will be remain ROW dedicated to the City and with public utility easements (PUEs) alongside. Conditions EXCP-1 and EXCP-2 detail such. The provisions are met with EXCP conditions. X. Variance Provisions Because the proposal is includes variance requests, per 4.01.07 and 5.03.12 it requires a Type IV review with City Council decision. All the requests apply outside the PUD boundary. 5.03.12 Variance 5.03.12 Variance A. Purpose:The purpose of this Type III Variance is to allow use of a property in a way that would otherwise be prohibited by this Ordinance. Uses not allowed in a particular zone are not subject to the variance process. Standards set by statute relating to siting of manufactured homes on individual lots; siding and roof of manufactured homes; and manufactured home and dwelling park improvements are non-variable. B.Criteria:A variance may be granted to allow a deviation from development standard of this ordinance where the following criteria are met: 1. Strict adherence to the standards of this ordinance is not possible or imposes an excessive burden on the property owner,and 2.Variance to the standards will not unreasonably impact existing or potential uses or development on the subject property or adjacent properties. C. Factors to Consider:A determination of whether the criteria are satisfied involves balancing competing and conflicting interests.The factors that are listed below are not criteria and are not intended to be an exclusive list and are used as a guide in determining whether the criteria are met. 1.The variance is necessary to prevent unnecessary hardship relating to the land or structure, which would cause the property to be unbuildable by application of this Ordinance. Factors to consider in determining whether hardship exists,include: Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 36 of 67 82 a. Physical circumstances over which the applicant has no control related to the piece of property involved that distinguish it from other land in the zone,including but not limited to, lot size,shape,and topography. b.Whether reasonable use similar to other properties can be made of the property without the variance. c.Whether the hardship was created by the person requesting the variance. 2. Development consistent with the request will not be materially injurious to adjacent properties. Factors to be considered in determining whether development consistent with the variance [is] materially injurious include, but are not limited to: a. Physical impacts such development will have because of the variance,such as visual, noise,traffic and drainage,erosion and landslide hazards. b. Incremental impacts occurring as a result of the proposed variance. 3. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected because of the variance. 4.Whether the variance is the minimum deviation necessary to make reasonable economic use of the property; 5.Whether the variance conflicts with the Woodburn Comprehensive Plan. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 37 of 67 83 Variance Request 1: Minimum Street Frontage for Small and Row House Lots (Table 2.O2C [RSN]) Nodal Residential Single-Family(RSN) - Site Development Standards Table 2.02C Interior or cul-de-sac lot 40 Single-family dwelling, Street Standard lot child care facility or group 40 Corner lot home 2 Frontage, Minimum Any other use 50 (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 Primary building height 16 feet or less 409 Lot Coverage, Primary building height more than 16 feet 35-9 Maximum (percent) Accessory structure 25 of rear yard 6,9 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 6.Accessory structures are included in the total lot coverage. Accessory structures are also limited to 25%coverage of the rear yard. 9. Lot coverage limitations determined by setbacks for small lot and row house development 1.02 Frontage: That portion of a lot which abuts a public street. The subject area for the variance request 1 are the purple lots (Single-Family 40-foot wide lots or "SFDA-40" lots) on the color lot type map (Exhibit C-4), which are in Phases 2A, 2B and 3A. These would be RSN-zoned lots. The request is that minimum street frontage for interior lots— lots within a block and not at street corners— be 30 ft instead of 40 ft. The applicant's narrative (Exhibit B, pp. 104-110) addresses the criteria once for all four variance requests. A chief point of the applicant's argument is that the criteria are worded such that an applicant and the City are not held strictly to the conventional concept of a "hardship" necessary to a variance, meaning that the code supplements the criteria with factors that can Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 38 of 67 84 be balanced and allows for introduction of a factor or factors that the code does not list (pp. 106-107). Staff concurs and has applied this understanding to past variances for other projects. Factor C.4. is directly relevant: The applicant on pp. 104-105 explains that, "The minimum lot width for an interior Small lot and Row house lot is 30 feet, yet the minimum street frontage is 40 feet in the table. This would effectively require all small lots to be 40 feet wide, 10 feet more than the minimum width." This code conflict does exist, and staff concurs with the applicant's conclusion. This means the variance is very much a workaround of a conflict that Table 2.O2C itself creates and is the minimum deviation necessary. Staff determines that the criteria are met: Strict adherence to the standards of this ordinance is imposes an excessive burden on the property owner and the variance that clarifies a Table 2.O2C conflict will not unreasonably impact existing or potential uses or development on the subject property or adjacent properties. The provisions are met. Variance Request 2: Minimum Front and Street Setbacks See under Request 1 for excerpted Table 2.O2C above for applicable code. The subject area for the variance request 2 is composed of the yellow (Single-Family 60-foot wide lots or"SFD-60" lots) and purple lots on the color lot type map (Exhibit C-4), which are in Phases 1A, 2A, 2B and 3A, 313, and 4B. These would be RSN-zoned lots. This means the front and street minimum setback standard per Table 2.O2C above is 20 ft because neither the Special Setback (i.e. street widening setback) or infill footnote applies. The request is that front and street minimum setbacks for a dwelling be 15 ft instead of 20 ft. (This is similar to what the applicant proposes for dwellings in the PUD through PUD modification.) P. 105, item 2, clarifies that the applicant wants to avoid a monolithic wall plane resulting from a house front or side being flush with a garage front. The applicant's narrative (Exhibit B, pp. 104-110) addresses the criteria once for all four variance requests. A chief point of the applicant's argument is that the criteria are worded such that an applicant and the City are not held strictly to the conventional concept of a "hardship" necessary to a variance, meaning that the code supplements the criteria with factors that can be balanced and allows for introduction of a factor or factors that the code does not list (pp. 106-107). Staff concurs and has applied this understanding to past variances for other projects. An unlisted factor is directly relevant: context, as explained in the following points: Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 39 of 67 85 a. The applicant is proposed an integrated, holistic development that is the first development putting to the test the relatively new Nodal Overlay development provisions of the WDO. The intent per 2.05.04A. is to "provide community identity to higher density residential developments within walking distance (generally one-half mile or less) of the neighborhood commercial center. Nodal development will be designed with a pedestrian focus, with interconnected streets and pedestrian walkways ..." Staff observes that to meet the intent of the Nodal overlay, dwellings need to be closer to each other than in conventional suburban development, and that the closer the front of a house is to the street relative to a garage front, the stronger the signal that a neighborhood is meant for sociable interaction that comes with moving about on foot or by bicycle. b. The developer has verbally indicated to staff that anticipated market demand will be for houses that are both large and one-story. Market demand might be an unpersuasive reason for some readers. Staff notes that Woodburn has a lot of retired elderly residents and continues to attract new such residents. The homes subject to this variance request would border or be close to Woodburn Golf& Estates, a.ka. Senior Estates. Many elderly persons seek a one-story home for the sheer practical considerations of senescence—in particular pain climbing or inability to climb stairs. c. Additionally, aside from the enduring American love of front lawns and perception of it as a nearly mandatory tradition, there's no practical reason for a 20 ft setback. i. First, WDO Table 3.05 already requires at least two parking spaces per dwelling, and the developer wishes to allow garages to remain subject to a setback greater than 15 ft such that third and fourth vehicles could park on a lot. ii. Second, a 20-ft deep front yard is also too shallow to be comfortably used as a sports field, and an ornamental lawn can be ornamented with shrubs, flowers, trees, and garden ornaments just as well at 15 ft as 20 ft. iii. Third, few passers-by would even notice traveling from one street to another the difference between a street of house front yards at 15 ft and a street of houses at 20 ft. iv. Lastly, an urban design rule of thumb is for privacy in one's home with rooms fronting a street and with flooring at the same elevation as the sidewalk, a minimum setback of 10 ft (absent screening or a transition such as a roofed front patio) is enough to provide reasonable privacy. 15 ft remains more than 10 ft. The request allows future homeowners larger one-story houses with no injury to the aesthetics or function of streets and no injury to residents or the traveling public. Staff determines that the criteria are met: Strict adherence to the standards of this ordinance is imposes an excessive burden on the property owner by precluding an integrated, holistic development across the PUD and non-PUD areas for no particularly good and clear reason, and the variance that lessens dwelling front and street minimum setbacks (excluding garages) will Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 40 of 67 86 not unreasonably impact existing or potential uses or development on the subject property or adjacent properties. The variance criteria are met with Condition VAR-FS1 solely to codify with variance approval what the setback must be and facilitate administration. Variance Request 3: Maximum Lot Coverage See under Request 1 for excerpted Table 2.02C above for applicable code. 1.02 Lot Coverage: The percentage,or portion,of total lot area covered by primary and/or accessory buildings,including roofed but unenclosed structures, but excluding covered structures less than five feet in height and having less than 20 square feet of gross floor area (such as pet shelters and play houses). The subject area for the variance request 3 is composed of the yellow lots on the color lot type map (Exhibit C-4), which are in Phases 1A, 213, 313, and 4B. These would be RSN-zoned lots. The applicant requests that, "the Standard lot coverage maximum (excluding accessory structures) simply be 50% for all RSN Standard lots in the subdivision for all lots with building heights of less than 35 feet" (Exhibit B, p. 105). The applicant's narrative (Exhibit B, pp. 104-110) addresses the criteria once for all four variance requests. A chief point of the applicant's argument is that the criteria are worded such that an applicant and the City are not held strictly to the conventional concept of a "hardship" necessary to a variance, meaning that the code supplements the criteria with factors that can be balanced and allows for introduction of a factor or factors that the code does not list (pp. 106-107). Staff concurs and has applied this understanding to past variances for other projects. Precedent: Links at Tukwila Subdivision A recent precedent for increased lot coverage is the Links at Tukwila Subdivision east of N. Boones Ferry Road and along the Oregon Golf Association (OGA) course. The Planning Commission approved Variances 2003-36 for Phase III and 2004-12 for Phases IV & V that raised maximum lot coverage for all lots from 35%to 50%. The Commission also allowed larger buildable envelopes on lots by approving Variances 2004-31 & 32 lowering the minimum rear setback from 20 to 15 feet for Phases III (9 lots), IV, &V (10 lots across both). Staff perceives that Woodburn residents regard the Links at Tukwila as a model development for houses. Because of precedent and this regard among other reasons, the applicant's proposal is sensible. Context: Woodburn Senior Estates No. 7 Subdivision Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 41 of 67 87 The City maintains a geographic information system (GIS) with rough estimates of existing lot coverages. The area of the Estates south of W. Hayes Street has 254 house lots. Regarding existing lot coverage, the smallest instance is 25.0%, the average is 46.3%, and the largest instance is 62.0%. Part of the reason is that the Estates pre-dates contemporary lot coverage maximums. Staff examined the statistics for the 30 house lots along Santiam Drive and a segment of S. Cascade Drive. Staff focused on these lots because the proposed Smith Creek Development lots would abut these Estates lots. Looking at the existing lot coverages for these 30 Estates lots, the smallest instance is 25.0%, the average is 45.4%, and the largest instance is 53.0%. The conclusion is that the proposal is not a marked departure from existing neighboring development. Generally The request allows future homeowners larger one-story houses with no injury to the aesthetics or function of streets and no injury to residents or the traveling public. However, because increased lot coverage will shrink total yard area below the norm and to the extent per Table VAR-LC below, as compensation residents need a little common open space, especially something field-like for sports and recreation. Table VAR-LC1 Lot Context Number Table 2.02C Min. Lot Size(Sq Ft) 10% Coverage Increase(Sq Ft) Interior 165 6,000 (6,000 x 0.10) =600, x 165 = 99,000 Corner 26 8,000 (8,000 x 0.10) = 800, x 26= 20,800 All - - (99,000+ 20,800) = 119,800,/ 43,560 sq ft in an acre= 2.75 acres For this reason, staff applies a condition confirming and requiring the developer's proposal within Phase 1A to dedicate at least five common area /open space tracts: Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 42 of 67 88 Table VAR-LC2 Phase Tract Exhibit C-8 Location Acreage Intended Preliminary Sheet Ownership Designation 1A "D" 1: "Area Ben Brown Ln north side 0.07 (3,049 sq ft) City/public ,A,,, 1A "F" 2: "Area Smith Dr north side 0.07 City/public B,,, 2B 111" 7 Smith Dr north side 0.26 (11,325 sq City/public ft) 4B "A" 13 Between Lana & Rita 0.26 HOA/private Drives and at Yvonne Street 4B "B" 13 Rita Dr south side Unlisted HOA/private All - - - 0.66+ acres - These tracts will mitigate lost area of yards and, in keeping with a purpose of maximum lot coverage, to provide a sense of openness and to do so through communal means as private and public parks. As fringe benefits, they will preserve the two Significant Trees (Tract "B") and allow a direct route between Yvonne Street and Smith Drive. The variance request also furthers the objective of the Nodal Overlay. Staff determines that the criteria are met: Strict adherence to the standards of this ordinance is imposes an excessive burden on the property owner and variance to maximum lot coverage by 10%from 40% (for lots with one-story houses as the developer intends) to 50%will not unreasonably impact existing or potential uses or development on the subject property or adjacent properties. The variance criteria are met with Conditions VAR-LC1 and VAR-LC2, the former solely to codify with variance approval what the lot coverage must be and facilitate administration and the latter to provide common area to mitigate lost private yard area. Variance Request 4: Alley-Loading of Small Lots in the Nodal Overlay (2.05.04B.) B. Nodal Single Family Residential (RSN) and Nodal Medium Density Residential(RMN) Districts 1.Vehicular access directly to a public street is prohibited and alley access to garages facing the alley is required for anything other than standard single family development. Off-street parking, maneuvering and storage is prohibited within a required front or side setback,or any yard abutting a street with attached single family and small-lot single family development. 2.Alleys shall be required for all small lot single-family residential subdivisions and attached single family(row houses) development.Alleys shall be dedicated and paved to a minimum width of 20 feet. No parking shall be allowed within an alley right-ofway. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 43 of 67 89 The subject area for the variance request 4 is composed of the teal lots on the color lot type map (Exhibit C-4), which are in Phases 1A, 2A, 3A, and 4A. These would be RSN-zoned and— in Phase 4A and part of 3A— RMN-zoned lots. The applicant requests that, "SFD-33 PUD Small lots to have garages in the front and parking and maneuvering in the front with access from the lot to a public street as shown on the Site Plans Exhibit C-8 (see also Color Lot Type Map Exhibit C-4)." (Exhibit B, p. 106). The applicant's narrative (Exhibit B, pp. 104-110) addresses the criteria once for all four variance requests. A chief point of the applicant's argument is that the criteria are worded such that an applicant and the City are not held strictly to the conventional concept of a "hardship" necessary to a variance, meaning that the code supplements the criteria with factors that can be balanced and allows for introduction of a factor or factors that the code does not list (pp. 106-107). Staff concurs and has applied this understanding to past variances for other projects. The summary is this: 2.05.04B. constitute the only development standards for the Nodal overlay, and they require that small lots be alley-loaded. Over almost the past year, the applicant and staff negotiated this in a way that resulted in the current site plan. The proposed two mews in Phase 3A are a serendipitous result of the developer responding to the staff negotiating that most small lots be alley-loaded. Now: a. At least 55.9% of small lots— more than a simple majority—are alley loaded; b. To attempt more alley-loaded lots would interfere with the PUD requirement for 30% of the gross SDA to be open space; and c. Staff regards the revised overall site plan as a high-quality project, especially with the two mews. Staff determines that the criteria are met: Strict adherence to the standards of this ordinance imposes an excessive burden on the property owner and variance from all small lots being alley-loaded to 55.9%or more will not unreasonably impact existing or potential uses or development on the subject property or adjacent properties. The variance criteria are met with Condition VAR-A solely to codify the variance approval and facilitate administration. XI. Phasing Plan Provisions 5.03.05 Phasing Plan for a Subdivision, PUD, Manufactured Dwelling Park or any other Land Use Permit Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 44 of 67 90 A. Purpose:The purpose of a Type III Phasing Permit is to allow phased construction of development while meeting the standards of this ordinance(Sections 2 and 3),while providing fully functional phases that develop in compliance with the tentative approval for the development. B.Criteria:The proposed phasing of development shall: 1. Ensure that individual phases will be properly coordinated with each other and can be designed to meet City development standards; and 2. Ensure that the phases do not unreasonably impede future development of adjacent undeveloped properties; 3. Ensure that access, circulation,and public utilities are sized for future development of the remainder of the site and adjacent undeveloped sites. The executive summary (Exhibit A, p. 3) outlines the phasing order: "The proposed Smith Creek development will be achieved in nine phases, as shown on the attached proposed Phasing Plan, Exhibit C-6.These phases will occur after the completion of property line adjustments and a partition recorded through the County.The plan is to develop the site over the next five to eight years, as follows: • Phase 1A will develop first. • Phase 1B will develop thereafter. • Phase 2A may develop after Phase 1A. • Phase 2B may also develop following Phase 1A, and will have two remnant acreage lots on the plat for Phase 3B and Phase 4B. • Phase 2C may develop after Phase 1A(or could develop first, if parts of Phase 1A are included in Phase 2C). • Phase 3A will develop after Phase 2A. • Phase 3B may develop after development of Phase 2B. • Phase 4A will develop after Phase 3A. • Phase 4B will develop after Phase 3B." Based on the overall site plan (Exhibit Y-1) and the detailed site plans (Exhibit C-8 series), the criteria are met. Staff agrees to the phasing order with a minor change. Condition PP-1 summarizes the order and changes Phase 2C, which includes the Smith family homestead itself, such that it may come later or last because the developer had verbally indicated that the heirs of Hazel Smith might choose to divide the grounds of their homestead last. The provisions are met with same Phasing Plan (PP) condition mentioned earlier above for 3.09.10 (PUD phasing). Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 45 of 67 91 XII. Applicant Identity Applicant Stafford Land Co., LLC Applicant's Morgan Will, Development Manager,Acquisitions & Development Representative Landowner(s) Hazel M. Smith Properties LLC(primary Tax Lot 052W13 00100 and Lot 051W18BC 04000) Don Ivan Mametieff(052W13BD 00100) Anna Kamis(052W13BD 00200) Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 46 of 67 92 XIII. Conditions of Approval All or Multiple Phases G1. Substantial conformance: The applicant or successor shall develop the property in substantial conformance with the final plans submitted and approved with these applications, except as modified by these conditions of approval. The applicant shall sign a City form indicating acceptance of the conditions. G2. Timing of improvements: By default, improvements are due by the phase in which they are located. Exceptions follow for phases: a. 1A: City stormwater tract: Stormwater management and trail improvements located on City property adjacent to the east boundary of the SDA are due by Phase 1A. b. 1A/1B/4A: The stormwater detention pond along Kirksey Street that spans these three phases is due by Phase 1B. c. 1A/2A: Improvement of the clubhouse grounds that spans these two phases is due by Phase 2A. d. 2A/4A: The trail north segment footbridge is due by Phase 4A. e. 3A/4A: The path footbridge is due by Phase 4A. G3. References: The descriptions below define certain words, phrases, and assumptions in the context of the conditions of approval: • "City stormwater tract" means the City-owned stormwater management tract of approximately 6.33 acres, (515 S. Settlemier Avenue;Tax Lot 051W18BC 04100) along the Mill Creek tributary and east of the site development area. • "Director" means the Community Development Director. • "greenway" is distinct from either "greenway trail' or "trail'. The greenway is the overall common area or open space around the Mill Creek tributary, while the trail is the paved trail of the Mill Creek Greenway Master Plan. The greenway centers on the tributary and extends around and past lots to street boundaries: Ostrom Drive, Ben Brown Lane at Kirksey Street, Kirksey Street, Sawtelle Drive, Stubb Road, Gunderson Avenue, Killian Spring Parkway, McCallum Lane, and Smith Drive. "East greenway" refers to the area of greenway east/northeast of the Ben Brown Lane bridge crossing of the creek, and "west greenway" refers to the area west/southwest. • Greenway trail "mainline", "north", and "south" segments as well as simply "trail' refer to segments per Mill Creek Greenway Master Plan (2006), West Tributary map (p. 28) that illustrates a mainline corridor extending generally east-west, a north segment towards the SDA north boundary, and a south segment to Parr Road. Additional off-street paths are "paths". Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 47 of 67 93 • "mews" indicates a street not open to motor vehicles because the area between sidewalks is landscaped instead of paved. • "MUTCY refers tot e � � �,duo.l... �:�...._�nI., .�:�:��.......�....�'.01.1 ... " �,��L, �....Devices, „of the U.S. Department of Transportation (U.S. DOT) Federal Highway Administration (FHWA). • "ODOT” refers to the Oreg,� .I-i ,"„ ,a„ t-ne�;�;t,,,,,��;f,,,,,,,l,,,,r;a„ns„l�2.[ta„t,u,��„n. • "SDA” refers to the site development area that is the whole Smith Creek Development. • "street” or "streets" excludes alleys unless condition wording explicitly includes them. This condition shall not be construed to interfere with application or a Director's interpretation of the meaning of"street" or "streets" where it appears in the WDO. G4. Boundary disputes: Akin to WDO 1.03.04 regarding zoning district boundaries, if a dispute arises between the developer and the City about uncertainty, contradiction or conflict concerning the intended location of phase or planned unit development (PUD) boundary lines, the Director has the authority to determine boundary locations. G5. PUD: Final Plans (FPAs) & Landscaping: To resolve outstanding phase design issues prior to platting, and based on WDO 5.01.07, following the final decision the developer for each phase shall apply to the Planning Division a Final Plan (FP) with a combination of narrative, site plans, and cut or specification ("spec") sheets as needed to address the conditions of approval and (for the PUD) the criteria in WDO 3.09.05. The decision-maker shall be the Director. Fps shall focus on common area improvement types, specifications, quantities, and placements. The developer shall through each phase FP provide at least: a. A landscape plan illustrating landscaping to the level of detail of WDO Tables 3.06B & C: tree, shrub, and groundcover species; plant quantities and individual locations; lawn; size category of each tree; minimum tree size at planting; and irrigation notes. b. A greenway signage plan to the satisfaction of the Director. A conceptual plan for all phases is due by Phase 1A and a detailed plan for each phase is due by the given phase. G6. Landscaping: improved common areas: a. The quantity of landscaping is per WDO Table 3.06A, column "Common areas, except those approved as natural common areas in PUD". b. Public common area: For all improved common areas that are to be public, the developer shall first apply and maximize the WDO Table 3.06B plant unit (PU) credits for row items 1. (mature trees), 2. (large trees), 3. (medium), 4. (small), 15. & 12. equally (fountain, water feature with stormwater detention), and for seating purpose 13. & 14 (bench, planter seat wall) equally, in the listed order of higher to lower priority, and with the proviso that for 14., the maximum size of planting bed wall as seating is 1% ft whether high or wide. c. Tree species: Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 48 of 67 94 1. Other than what WDO Table 3.06C prohibits; however, tree species noted as producing significant litter are allowed if they are not invasive and are centered at least 15 ft away from any sidewalk, trail, path, public ball field or sports court, paved parking area, or plaza. 2. Greenway species: No more than 50.0% of the minimum total number of trees within the entire greenway shall be of a single species, and there shall be at least eight (8) species. At least one species must be a flowering one. At least 10.0%of the trees shall be coniferous or evergreen. (WDO Table 3.06B specifies minimum size at planting for deciduous trees, but not conifers. Any new coniferous or evergreen trees shall be at least 5-foot high at planting.) G7. Vesting: Following approval of annexation and the remainder of the consolidated land use applications and regarding Oregon Revised Statutes (ORS) 92.040(2), if the applicant elects, the City may apply amended or new planning and zoning regulations to construction within the SDA without being bound by the version of the WDO last amended via Ordinance No. 2562 on September 10, 2018. G8. Bond / bonding/ performance guarantee: Maintenance: The developer for each phase shall provide a maintenance bond for all public improvements and off-street improvements in public tracts pursuant to WDO 4.02.08. G9. Fire hydrants: To preserve on-street parking while meeting 2007 Oregon Fire Code Appendix C"Fire Hydrant Locations and Distribution", the developer shall also space hydrants by siting them whenever feasible at or near other improvements that already preclude on- street parking, such as bicycle and pedestrian crossings, curb extensions, and driveways. G10. Public facilities, including curb ramps and the greenway drinking fountain pairs, restrooms, and trail, shall be compliant with the Americans with Disabilities Act (ADA). G11. Signage: Subdivision identification: Staff clarifies the allowances of WDO Table 3.10.10A for subdivision identification monument signs as follows: Where a particular subdivision monument sign design and location would place WDO Table 3.10.10A (maximum height of 8 ft) and WDO 2.06.02 (maximum wall heights and vision clearance) in conflict, WDO 2.06.02 shall prevail. SUB-1. Expiration: The schedule in the table below allows for a due date more than three (3) years past the Council approval date: Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 49 of 67 95 Table SUB-1 Platting Schedule Phase Subdivision Final Plat Application to the City Recordation with Marion County 1A Same as WDO 4.02.04B.2., specifically, application Same as WDO 5.01.06C.1. (within to the City for final plat 30 calendar days of the Director's 1B n/a because no subdivision proposed signature on the plat mylar) 2A four (4)years past approval of the preliminary subdivision as dated in the final decision document 2B four (4)years past 2C seven (7)years past 3A five (5)years past 3B five (5)years past 4A seven (7)years past 4B seven (7)years past SUB-2. Maintenance: For all private tracts within the SDA, the developer shall provide for perpetual maintenance of improvements—including stormwater detention facilities—as follows: a. To meet WDO 3.09.09, prior to conveying land ownership of any tract, the developer shall establish a homeowners association (HOA) pursuant to Oregon Revised Statutes (ORS) 94 and other applicable statutes. b. A master HOA shall be established to take ownership of and be responsible for all private tracts across all phases within the SDA; maintain, repair, replace, and restore improvements; identify and make clear to lot owners its duties; levy assessments to owners in a fair, transparent, and written way; and, as years pass and residents seek to alter, expand, or add to common area improvements such that City land use decisions or permits would be required, serve as mediator among such residents and be the applicant of record. c. Phase 1A: The developer shall provide a copy of articles of incorporation, bylaws, and covenants, conditions, and restrictions (CC&Rs) for the Master HOA to the City Attorney and Director for review prior to final plat approval of Phase 1A or earlier if ORS 94.565(2) requires. CC&Rs shall describe the responsibilities of the HOA to maintain all private common area improvements across all phases as they develop. d. The master HOA corporation shall not allow involuntary dissolution or, to dispose of common area obligations, voluntarily dissolve. To this end, the corporation shall comply with applicable statutes and the administrative rules of the Oregon Secretary of State. The developer shall in the bylaws and CC&Rs reiterate that because of ORS 94.626, any dissolution would not also dissolve obligations. e. Were the developer to establish a sub-phase HOA corporation to take ownership of or be responsible for specific improvements or amenities within that individual phase of the SDA, the developer shall provide a copy of articles of incorporation, bylaws, and covenants, conditions, and restrictions (CC&Rs) for the sub-phase HOA to the City Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 50 of 67 96 Attorney and Director for review prior to final plat approval of that phase, or earlier if ORS 94.565(2) requires. SUB-FD. Fire turn-arounds: The developer shall provide temporary fire apparatus turn-arounds for any stubbed streets. For each phase the developer shall illustrate on construction drawings proposed cul-de-sacs, turnarounds including temporary ones, and stub streets to the satisfaction of the Woodburn Fire District and to that of the Director on behalf the Police Department for emergency access requirements. PP-1 . Phasing: The developer must plat and construct the nine phases in the order described in the applicant's narrative (Exhibit B) under 3.09.04 on pp. 59-60, except that Phase 2C may come later or last. PUD-1. All references within PUD conditions to "any" or"all" phases or to specific phases, for those phases that straddle the PUD boundary, are limited to the area within the phase that is also within the PUD boundary. PUD-2. Alleys: a. Authority: The developer shall dedicate alleys as public ROW. b. Access management: A house or row house lot that abuts both an alley and one or more streets is prohibited from a driveway apron/curb cut along the street or streets. c. Rear setback: The minimum rear setback from an alley shall be either 5 ft where a public utility easement (PUE) exists or if not then 1 foot. PUD-3. Architecture: The architectural standards of WDO 3.07 are clarified and modified as outlined in the applicant's narrative (Exhibit B) and as follows: a. Theme: The developer shall maintain the architectural theme of "Modern American Cottage" style throughout the SDA, substantially conforming to the theme represented in the Exhibit D renderings series. b. Houses: Single-family dwellings shall meet the architectural standards in WDO 3.07.03C., except that the developer may: i. As a minimum provide seven (instead of nine) of the twelve design features; and ii. If the developer opts for item 7. (garage setback), the garage minimum setback shall be 18 ft (instead of 20). c. Corner lots: For applying architectural standards, a narrow open space tract between a lot and a street that is narrower than an adjacent lot shall not preclude the lot from being deemed at the second street. d. Patios, porches: The number, depths, and sizes shall be in substantial conformance with the Exhibit C-5 typical lot plans series. A front porch minimum setback shall be 6 ft (instead of 10); there is no maximum. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 51 of 67 97 e. Street setback: The minimum street setback shall be 15 ft for houses and 18 ft for house garages. PUD-4. Bicycle/pedestrian routes: a. Sidewalks: At least five segments of the greenway trail are on-street and merged into wide sidewalks. The extra width is outside ROW. For each segment, the developer shall do one of the following for the extra width outside ROW: 1. Illustrate dedication of and dedicate the area as additional ROW; 2. Incorporate the area and written provisions for public access to the area into a public utility easement (PUE); or 3. Illustrate dedication of and dedicate over the area a separate public access easement and provide a recorded copy of this easement at the same time as the recorded PUE. b. Mill Creek Greenway Trail: 1. Pavement: The trail shall be at least 12 ft wide and paved with asphalt, concrete, or both. If asphalt, it shall meet or exceed the specifications in the greenway plan "Appendix a Typical construction details", sheet "Typical Asphalt Walk". 2. Shoulders: The trail shall have 2-foot shoulders, specifically a strip free of vertical improvements on each trail side. Shoulders apply also to the off-street sides of segments (1) incorporated within sidewalk and (2) within common area. 3. Furniture, tree zones, and support facilities: The trail shall be sited to have minimum 6-foot zones along each side unencumbered for installation of the following support facilities: Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 52 of 67 98 Table PUD-4b Greenway Support Facilities Support Min. Placement* Timing: Notes Facilities No. Due by ('ft"=feet, "min."=minimum,and Phase "sq ft"=square feet) Benches 26 No less than 1A, 1B, Min. bench width is 6 ft. At least about every 2A, 3A& 80.0%of benches shall have backs. 300 ft of 4A trail Bicycle 20 East: 10 at 1A&4A See Condition PUD-5. Staff parking the large recommends sheltering the entire plaza large plaza supply as the 50.0% West: 10, coverage. Sheltering maybe with 4 at incorporated with the restroom the building at the large plaza. basketball court Dog poop 6 East: 4 1A, 2A, Each includes bag dispenser and stations West: 2; 3A, &4A either includes a trash receptacle or is One at sited within 10 ft of one. almost every path or trailhead. Drinking 6 (as three East: 4(2 1A&4A - fountains pairs) pairs), including at the large plaza West: 1 (1 pair), at the basketball court Recycling 12 (as six East: 6 1A&4A Place pairs near trail and path and trash pairs) West: 6 junctions with sidewalk. receptacles *"East" and "west" denote greenway areas respective to the Ben Brown Lane crossing. These zones overlap shoulders. Furniture zones apply also to the off-street sides of trail segments that are incorporated within sidewalk. The alignment of the three mainline segments shall shift towards the north, northwest, or west to allow a tree planting zone by providing at least 8 ft of distance between the trail and the boundaries of the following lots: i. Phase 1A: Those north of Ostrom Drive and northwest of the intersection of Thomas Way and Ben Brown Lane; and ii. Phase 4A: Those north of Sawtelle Drive. 4. Public access through private tracts: For any trail segment on a tract that is to be private and not public, the subject phase plat shall include an easement granting Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 53 of 67 99 public access. The developer may opt to site underground utilities under the trail or trail shoulders and adapt and apply a PUE as a means of meeting this condition. c. Other off-street paths: 1. Pavement: Paths shall be in substantial conformance with the site plans in the Exhibit C-8 and paved with any of asphalt, bricks, concrete, concrete pavers, or paving stone. 2. Phase 3A: The east path of both the north and south segments of the east, Nichols- Pickering mews between Hershberger and Gunderson Avenues shall be at least 6 ft wide. 3. Shoulders: Same as for the trail. 4. Public access through private tracts: For the Phase 1A and 2A path segments connecting Killian Spring Parkway, Ben Brown Lane, Halter Avenue, and the trail north segment and the Phase 4B Tract "B" path connecting Lana and Rita Drives, the subject phase plat shall include an easement granting public access. The developer may opt to site underground utilities under the path or path shoulders and adapt and apply a PUE as a means of meeting this condition. 5. Phase 1A Tract "F" path: i. Shoulders: The common area tract with the path between Smith Drive and the north SDA boundary in Phase 1A— preliminarily designated Tract "F" (Exhibit C- 8, Sheet 2)—shall along the north rear tract line have no fencing, wall, or barrier to cyclists and pedestrians that comes within 2 ft of the path. ii. Seat walls: Any wall along the north boundary of the tract must be a seat wall, meaning at least 1% ft deep and no higher than that. d. Sidewalk,trail, path,or walkway: Taper: Wherever any of them changes between narrower and wider segments, at least one side of the change shall taper at 1 foot width for every 2 ft of distance (1:2), forming an elongated triangle. e. Footbridges: The walking surfaces shall be raised above 100-year floodway elevation. PUD-5. Bicycle parking: The following applies to improved common areas and ROWs: a. Baseline amount/count/number/quantity/supply: The developer shall distribute across improved common areas and ROWs at least 20 bicycle parking stalls. The cap within WDO 3.05.03E. is modified to not apply. b. Placement: Per Table PUD-4b. c. Stall size: Minimum 2 ft wide and 6 ft long. If wall-mounted, the minimum stall volume is 2 ft wide, 6 ft high, and 5 ft deep. d. Clearances: The minimum width along a stall for maneuvering in and out of it is 5 ft. The minimum vertical clearance height is 8 ft. e. Coverage/sheltering: 50.0% of the total required number shall be covered or sheltered from the weather. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 54 of 67 100 PUD-6. Environmental sustainability/energy conservation: climate control: shade trees: dwelling street yards: Along lots with south, southwest, and west street frontage where the size of the yard open ground accommodates a planting area of at least 50 sq ft and a minimum distance of 6 ft between sidewalk and building foundation, the developer shall plant a small deciduous shade tree. PUD-7. Lighting: This condition applies to exterior lighting outside of ROW. Non-residential buildings, structures, and common areas along any of streets, alleys, the greenway, and both mews shall have exterior lighting fixtures be full cut-off or fully shielded models. This condition precludes uplighting of monument signs. Sports field lighting must be full cut-off from emitting light both above a horizontal plane parallel with the ground and beyond vertical planes flush with the field boundaries. The City may require separate review and approval of sports field lighting. PUD-8. Parking, off-street: size, screening: a. Driveways, driveway parking pads, and garage stalls: WDO Table 3.04A and 3.05.03F.1.b. are modified such that for dwellings each parking space shall be at least 9 ft wide by 18 ft long. b. Pavement: Beyond ROW, WDO 3.04.04 is modified such that the cement six inches applies to driveway pavement for non-residential uses, and for dwellings cement minimum depth may be four inches. c. Alley visitor pooled parking: Screening (of headlights): For each of the parking areas with stalls that face a dwelling, regardless of distance the developer shall screen the facing side of every stall with evergreen shrubbery at a height of at least 3%ft and depth at maturity of at least 3 ft. This condition does not apply to a parking area for a non-residential building. PUD-9. Streets: a. Modifications: The developer's proposed modifications of streets otherwise required to the standards of WDO 3.01 are acknowledged and approved as is or as further modified by conditions of approval. b. Sidewalks: Phase 3A: Gunderson Avenue: The south/southeast sidewalk shall be at least 8 ft wide between the southernmost lot along the east side of Simon Street (Lot 86) and the easternmost lot along the south side of Gunderson Avenue (Lot 141). c. Street trees: 1. WDO 3.06.03A.1. is modified such that the developer shall plant 1 tree per 30 ft of frontage (instead of 1 per 50), and this condition is limited to the following three block faces that have few or no driveway aprons/curb cuts: i. Phases 1A & 1B: Kirksey St: north/northwest side, between Ben Brown Lane and Sawtelle Drive; Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 55 of 67 101 ii. Phase 3A: Stubb Rd: east side, between Killian Spring Parkway and Gunderson Avenue; and iii. Phase 4A: Parr Rd: north side, between Kirksey Street and Stubb Road. For (iii.), the developer shall place the trees specifically within 8 ft of the north side of the sidewalk. 2. Tree wells: Phase 3A: Gunderson Ave: The north/northwest side of Gunderson Avenue lacks a planter strip or tree wells, and common area is along much of this side. The developer shall plant 1 tree per 30 ft of frontage between Simon Street and Stubb Road. Placement shall be within 6 ft of the sidewalk. At least one tree shall be at the west side of each of the east mews east walkway and the west mews walkways that all intersect the sidewalk. The developer shall revise site plans accordingly. 3. Species: Streets along a block or a street may be of a single species; however, across the entire SDA all street trees must be of at least three species. 4. The developer shall provide a street tree plan for each phase. PUD-10. Traffic calming: a. Stamped crosswalks: The developer shall construct the patterned stamped concrete crosswalks and intersections per the number and placements in the Exhibit C-8 series. For trail crossings of streets, the minimum stamped width is 12 ft. For crossings along other off-street path segments, the minimum stamped width is 8 ft. The developer shall construct an additional stamped concrete patterned crosswalk in Phase 1A at the south/southwest crossing of the intersection of Ben Brown Lane and Kirksey Street. b. Speed tables: The developer shall dye and construct two of the stamped crosswalks as raised crosswalks/speed tables at the following two locations: i. Phase 1A: trail mainline: crossing of Ben Brown Lane; and ii. Phase 2A: trail north segment: crossing of Killian Spring Parkway. c. Table heights and slopes and the widths of any curb ramps shall be pursuant to the MUTCD. For trail crossings of streets, the minimum width of the tabletop is 12 ft. PUD-16. Fencing: This condition applies to the 29 lots across Phases 1A (Lots 13-24), 2B (Lots 1-8), and 3B (Lots 1-9) that abut Woodburn Senior Estates No. 7 Subdivision. Along this boundary of the Smith Creek site development area, the developer shall construct sight- obscuring wood fencing at least six (6) ft high. Timing: This is due by each of Phase 1A, 2B, and 3B. SUB-3: Creek maintenance easements: To meet Ordinance No. 2018, prior to each phase final plat the developer shall grant public improvement and maintenance easements along the creek tributary 100-year floodway. [Exhibit B, p. 321 SUB-6. House heights: This condition applies to the 29 lots across Phases 1A (Lots 13-24), 2B (Lots 1-8), and 3B (Lots 1-9) that abut Woodburn Senior Estates No. 7 Subdivision. Any house Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 56 of 67 102 that is higher than sixteen (16) ft as measured per WDO Figure 1.02A shall have a rear setback of at least twenty-five (25) ft. T-BP1. Ben Brown Lane: sidewalks: The developer shall: a. Phase 1A: Extend the south side sidewalk east beyond the SDA boundary to connect to existing sidewalk that ends at the south/southwest corner of Ben Brown Lane and Elana Way. The applicant shall to the extent feasible meander the sidewalk to save existing trees in or partially within existing ROW. Timing: These are due by Phase 1A. b. Phase 2C: Extend the north side sidewalk east beyond the SDA boundary to connect to existing sidewalk that ends in front of 499 Ben Brown Lane. Timing: This is due by Phase 2C. VAR-SF. As a variance condition to codify variance request number 1 itself, the minimum street frontage shall be 30 ft except as modified within the PUD to be 18 ft for row house lots. VAR-FS1. Front and street minimum setback: As a variance condition to codify variance request number 2 itself: a. The subject area for the variance request 2 of 4 is composed of the yellow(SFD-60) and purple (SFDA-40) lots on the color lot type map (Exhibit C-4), which are in Phases 1A, 2A, 2B and 3A, 3B, and 4B: Phase 1A: Lots 1-24 and 135-151. Phase 2A: Lots 1-15. Phase 2B: Lots 1-13 and 21-35. Phase 3A: Lots 1-13. Phases 3B & 4B: all lots. b. The minimum front and street setback for dwellings, excluding their garages, shall be 15 ft (instead of 20). PUD-11. Greenway: other amenities: With prior approval and agreement of the City, and pursuant to the City Parks and Greenway Master Plans, the developer may construct further qualified public improvements along the greenway trail that are eligible for Parks and Recreation SDC credit pursuant to Ordinance No. 2250. VAR-LC1. Maximum lot coverage: As a variance condition to codify variance request number 3 itself: a. The subject area for the variance request 3 of 4 is composed of the yellow lots (SFD-60) on the color lot type map (Exhibit C-4), which are in Phases 1A, 2B, 3B, and 4B: Phase 1A: Lots 1-24, 135-146, and 151. Phase 2B: Lots 1-13. Phases 3B &4B: all lots. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 57 of 67 103 b. The maximum lot coverage, regardless of dwelling height and excluding detached accessory structures, shall be 50.0% (instead of 40%for a dwelling up to 16 ft high and 35%for a dwelling higher than 16 ft). VAR-LC2. Common area: Phase 1A: As a variance condition for greater lot coverage, the developer shall dedicate as common area the tracts per Table VAR-LC2 below: Table VAR-LC2 Phase Tract Exhibit C-8 Location Acreage Intended Preliminary Sheet Ownership Designation 1A "D" 1: "Area Ben Brown Ln north side 0.07 (3,049 sq ft) City/public ,A,,, 1A "F" 2: "Area Smith Dr north side 0.07 City/public B,,, 2B 111" 7 Smith Dr north side 0.26 (11,325 sq City/public ft) 4B "A" 13 Rita Dr south side 0.26 City/public 4B "B" 13 Between Lana & Rita Unlisted HOA/private Drives and at Yvonne Street All 1 0.66+ acres - VAR-A. Alley-loaded small lots: As a variance condition for not having all small lots be alley- loaded per variance request number 4, the developer shall alley-load at least the proposed percentage of small lots, equal to 300 out of 537 or 55.9%of all small lots. Phase 1A T-A1. Evergreen Road: Phase 1A: The developer shall re-stripe at: a. W. Hayes St: the north leg of Evergreen Road at its intersection with W. Hayes Street to accommodate a left turn lane for southbound traffic approaching the intersection, per the applicant's narrative (Exhibit B) and the traffic impact analysis (TIA; Exhibit 1). b. OR Hwy 214: the south leg of Evergreen Road at its intersection with Oregon Highway 214/ Newberg Highway. Specifically, in the travel lane that serves as both a through lane and a turn lane, south of the intersection the developer shall stripe two additional two- arrow symbols aligned with the two left-turn arrows in the left turn lane. [Comp plan goals G-2.1; H-21 Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 58 of 67 104 T-A2. N. Settlemier Avenue & W. Hayes Street intersection: Phase 1A: The applicant shall contribute $50,000 into the City Public Works Street and Storm Capital Construction Fund and marked for a feasibility study of improvements that will alleviate and/or mitigate potential detriments of vehicular traffic to the intersection and produce intersection improvement designs. Prior to payment, the applicant and City may execute an agreement memorializing the above terms that would be recorded in the property records of Marion County. T-BP2. Mill Creek Greenway Trail segment in City stormwater tract: Phase 1A: The developer shall develop the additional segment of greenway trail per the Mill Creek Greenway Master Plan (2007) between the S. Settlemier Avenue sidewalk and the east boundary of the SDA to the same standards as conditioned elsewhere for the trail. Construction of this facility shall be considered a qualified public improvement under Ordinance No. 2250; therefore, the City agrees to grant the developer a credit against applicable Parks and Recreation SDCs for 100% of the estimated costs of proposed construction. T-BP3. S. Settlemier Avenue: Phase 1A: The developer shall construct an actuated mid-block crossing of S. Settlemier Avenue near the walkway entrance to and exit from Settlemier Park (400 S. Settlemier Ave). It shall include: a. Zebra crossing striping at least 8 ft wide; b. Actuated pedestrian signals; c. The type, number, and placements of signage compliant with the MUTCD for such mid- block crossings; d. At least two amber light emitting diodes (LEDs), one in each sign that upon actuation warns drivers of the crossing. The signs shall be solar-powered instead of through underground conduit; and e. At the west side, an 8-foot wide curb ramp. T-T1. Bus stops: Phase 1A: a. Number: The developer shall revise Exhibit C-8a-2 (Phase 1A -Area "B"), which illustrates and notes a bus stop at the intersection of Ben Brown Lane and Smith Drive, to instead illustrate and provide the proposed southbound bus stop at the south/southwest corner of Ben Brown Lane and Killian Spring Parkway. The developer shall also illustrate and provide a second, northbound stop at the north/northeast corner. b. Shelters: Each stop shall have a bus shelter per any of Cherriots, TriMet, or Woodburn Transportation System (WTS) specifications. The developer shall pave two 4-foot wide concrete pads in the planter strip between sidewalk and curbing and aligned with the entrance and exit doors on a stopped City bus. Each shelter shall include seating and recycling and trash receptacles. The schedule posting frame shall display a notice in English, Spanish, and Russian that there is no City bus service yet. The developer may pay a fee in lieu of each bus shelter equaling$10,000. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 59 of 67 105 PUD-12. Greenway plaza: The developer shall provide at least one plaza as follows: a. Placement: Phase 1A: Bound by Ben Brown Ln at Kirksey St, the trail, and the lot to the east (Lot 58). b. Size: At least 3,000 sq ft. c. Width: At least 33 ft dimension of continuous paved area at same elevation. d. Seating: At least 120 ft (40 persons assuming 3 ft per person). e. Lighting: At least two lights through any of light poles, bollards, and seat wall insets, placing a pole no closer than 50 ft to a street light. f. Public restrooms: At least two (as a pair). Assuming no climate control, each restroom shall have passive means to vent summer heat and lessen stench. Each entrance shall be sheltered by a canopy, roof overhang, or recess into the main wall plane. g. Other amenities: Bicycle parking, dog poop station, drinking fountains, electrical outlets (8 min.), plaza name plaque, shelter, trash and recycling receptacles, signage, and a podium stage elevated at least 1 ft and at least 24 ft wide by 20 ft deep. h. For any and all plazas: i. Size calculation: May include trail area if incorporated. ii. Pavement: 70% min. and 90% maximum. Pavement area excludes tree wells and can be any of bricks, cobblestone, concrete, concrete pavers, fiberglass, flagstone, fieldstone, rubber tiles, and structurally supported fiber cement or wood planking. iii. Width: 100 ft maximum dimension of continuous paved area at same elevation. iv. Landscaping: Min. 90% of unpaved area must be tree wells, shrubbery, groundcover or lawn, and up to 10% of unpaved area may be bark dust; V. Delineation: seat wall(s), pavement edge, or outside/fourth side of a given tree well. vi. Flooding: Capable of enduring floods. vii. Seating: Benches shall be at least 6 ft wide and at least 80% shall have backs. Seat walls have minimum height and depth each of 1% ft. viii. Trees: Place especially along south, southwest, and west sides. ix. Shelter(s): Min. ceiling height of 10 ft and min. size of 500 sq ft. i. SDCs: Construction of the plaza and its associated improvements shall be considered a qualified public improvement under Ordinance No. 2250; therefore, the City agrees to grant the developer a credit against applicable Parks and Recreation SDCs for 50%of the estimated costs of proposed construction. PUD-13. Ben Brown Lane: a. Bridge crossing: Phase 1A: The bridge crossing at the creek tributary shall have the two travel lanes at no fewer than 11 ft each, an 8-foot parking lane at each side, a six-inch wide curb at each side, and where there is no planter strip an 8-foot sidewalk at each side. The crossing shall be raised above 100-year floodway elevation. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 60 of 67 106 b. Tapers: The east and west curbing tapers at the north leg of the bridge crossing shall be of sharper horizontal curve to provide more on-street parking closer to the crossing, but only as still able to conform to the MUTCD and ODOT engineering guidance. PUD-15. Golf cart crossings: Phase 1A: The developer shall improve the two existing mid-block golf cart crossings on W. Hayes Street between Cascade Drive and Oregon Way using signage and/or striping pursuant to the MUTCD and as approved by the City Engineer. SUB-4: Bicycle/pedestrian routes: Phase 1A: paths: a. Cornwell-Mattson path: The developer shall improve the path across the Mill Creek tributary that connects Cornwell Street at Smith Drive with Mattson Way at Ostrom Drive to the same standards as conditioned for the trail. b. Phase 1B Tract "F": The developer shall provide the path to the north boundary of Phase 1B Tract "F" to the standards as conditioned for paths. SUB-5. Stormwater: regional detention capacity: Phase 1A: To prevent regional flooding, the developer shall excavate approximately 5,000 cubic yards of soils in the City stormwater tract per Exhibit Y-2 to facilitate regional detention capacity pursuant to the City Storm Drainage Master Plan. Construction of the stormwater detention facility shall be considered a qualified public improvement under Ordinance No. 2111 and Resolution No. 1194; therefore, the City agrees to grant the developer a credit against applicable stormwater drainage SDCs for 100% of the estimated costs of proposed construction. SUB-PW1. Public Works: a. Flood study analysis: i. The developer shall finalize and comply with the Flood Study Analysis (Hydraulic Model) for the future 100-year flood plain/way boundaries and inundation boundaries on the "Stubb Creek Tributary" that flows through the Smith Creek Development. The analysis shall reflect full-buildout conditions for the entire watershed, including all future upstream development build-out. The 100-year floodway within the Stubb Creek Tributary shall properly convey the 100-year storm event for full development build-out of the entire watershed. ii. Each construction phase shall improve "Stubb Creek Tributary" natural drainage to accommodate a future 100-year flood/plain and inundation boundaries at their site and downstream up to South Settlemier Avenue. Applicant to obtain permits from the Department of State lands, Army Corps of Engineers, and any other required permits. iii. The "Stubb creek tributary" drainage width, depth and capacity in the development site shall be such that it is suited to accommodate drainage from existing and future development that are part of the entire "Stubb Creek Tributary watershed". Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 61 of 67 107 iv. The storm drainage main in Stubb Road shall be designed with size and depth to provide for future extensions. b. Drainage: Maintain improvements per Condition SUB-2 and: i. All culverts/pipes at the drainage crossings shall be construct to the limits of the street right-of-way cross-section. ii. Access and Maintenance Easement shall be provided along "Stubb Creek" as per the Woodburn Development Ordinance. c. General: i. Construction plans for each phase shall be submitted to the City for review and approval and shall conform to the city's construction plan review procedures and standards that are current at the time of the review. ii. Applicant to provide for the installation of all franchise utilities and shall provide any required easements for these facilities. All permanent utility services to the development shall be underground. The applicant shall also install public street lighting. iii. The Owner/Applicant shall enter into an Improvement Agreement and provide plans prepared by a registered professional engineer in Oregon for the required public infrastructure and the required performance guarantee in accordance with WDO 4.02.08 prior to final plat approval. No construction activities shall be initiated until the City-approved engineering plans are received by the Applicant. Permits shall be obtained for the construction of public infrastructure from the Public Works Department in accordance with Ordinance No. 1795 prior to construction commencing. iv. All City-maintained facilities located in private property shall require a minimum of 16-foot wide utility easement conveyed to the City by the property owner. This is the applicant's responsibility to provide, not the City's. Utilities of unusual depth, size or location may require a larger width. V. The Applicant, not the City, is responsible for obtaining permits from state, county and/or federal agencies that may require such permit or approval. vi. The Applicant, by this Development, shall not cause storm water runoff to be impounded on adjacent properties. d. Streets: Proposed cul-de-sacs, proposed turnarounds, temporary turnarounds and temporary dead end streets shall be reviewed as part of the construction plans for each phase and shall be acceptable to the Woodburn Fire District and Police Department for emergency access requirements. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 62 of 67 108 Phase 1B T-13134. Parr Road: Phase 113: The developer shall construct an actuated and signalized mid- block crossing of Parr Road near the walkway along the west side of the western of three visitor driveways at Valor Middle School (450 Parr Rd). This relocates an enhanced pedestrian crossing that the applicant proposes farther west at Kirksey Street (Exhibit C-8, Phase 1B/Sheet 4). It shall include: a. Zebra crossing striping at least 12 ft wide; b. Actuated pedestrian signals; c. In place of a portion of the center two-way left turn lane, a refuge island on each side of the crossing route; d. Landscaping: Within the islands, xeriscaping; e. Width: Between inside edges of curbing, each island shall be at least 10 ft; f. Length along road: Between inside edges of curbing, each island shall be at least 6 ft; g. The type, number, and placements of signage compliant with the MUTCD for such mid- block crossings; h. At least two amber light emitting diodes (LEDs), one in each sign that upon actuation warns drivers of the crossing. The signs shall be solar-powered instead of through underground conduit; i. ADA-compliant curb ramps that transition the crossing to existing sidewalks. Each ramp shall be at least 12 ft wide; and j. Along the south side of Parr Road, which contains both existing sidewalk and a bicycle/pedestrian path as well as two grass strips, the developer shall pave concrete 12 ft wide between the sidewalk and the path and aligned with the crossing. Phase 2A None specific. Phase 2B None specific. Phase 2C None specific. Phase 3A EXCP-2. Stubb Road: Phase 3A: Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 63 of 67 109 a. Bridge crossing: The crossing at the creek tributary shall have the two travel lanes at no fewer than 11 ft each, an 8-foot parking lane on the east side, a six-inch wide curb at the east side, and where there is no planter strip an 8-foot sidewalk on the east side. The crossing shall be raised above 100-year floodway elevation. b. Taper: The east curbing taper at the north leg of the tributary bridge crossing shall be of sharper horizontal curve to provide more on-street parking closer to the crossing, but only as still able to conform to the MUTCD and ODOT engineering guidance. [Exhibit C-11 Street Details Sheet 2 of 21 Phase 3B T-A3. Killian Spring Parkway: Phase 313: The developer shall extend Killian Spring Parkway north off-site to W. Hayes Street per the Exhibit P drawing. T-A4. W. Hayes Street: The developer shall remove the stop signs from the Hayes legs of the T- intersection of W. Hayes Street and Oregon Way. Phase 4A PUD-14. Eaden Street: Phase 4A: Street trees along the west side of Eaden Street that are in discontinuous planter strips or wells shall each have a minimum planting area of 36 sq ft with a narrowest dimension of 4 ft. Trees may be sunk within wells or planted at or near sidewalk elevation. If sunk, wells must be covered with metal grates and not plastic ones. Phase 4B None specific. XIV. Notes to the Applicant 1. Platting: a. Block numbering: Unless the County Surveyor indicates policy would override this numbering scheme, assign and plat letters or numbers to each block within a phase, with the understanding that streets, mews, and the greenway define blocks. (Alleys are to be within blocks and not block boundaries.) This is to help identify lot groups within a phase and facilitate administration of conditions. b. Common area tracting: Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 64 of 67 110 i. Assuming that the developer and surveyors through each plat will designate tracts by letter beginning with 'A', the developer shall letter all tracts in each phase such that adjacent tracts separate by a phase boundary will share the same letter across plats. For example, a proposed stormwater detention pond in the greenway and along the north side of Kirksey Street is mostly in Phase 1B but extends into both 1A and 4A. In all three phase plats, the tracts in which the pond lies will have the same letter designation. Staff recommends that in all phases with greenway tracts, that the letter 'A' default to these with subsequent letters for lesser tracts. ii. Dedication of greenway tracts as public need to less out private stormwater detention ponds that lie within the greenway. c. Building permits: Plat before building permit application. To apply for the first building permit for property within a given phase, the developer must have obtained City approval of a Subdivision Final Plat and recorded the plat with the Marion County. 2. Street layout: The developer must deal with temporary dead-end streets with signage and through platting a "reserve strip" per WDO 3.01.05A.2. 3. Street naming corrections: Per WDO 3.01.06 "Street Names": a. When extended, Ben Brown Lane will be longer than 1,000 ft. Per 3.01.06C.1.d., the developer must revise the extension suffix to either "Avenue" or"Drive". b. The developer must change the suffix for Halter"Avenue" to "Drive" because the street skews much over its short length. c. Because the curvilinear Ben Brown Lane and Killian Spring Parkway will wreak havoc with street addressing, the applicant must modify the names: Staff recommends: Proposed Recommended Segment Ben Brown Ln Lower Ben Brown Ave East SDA boundary west to Killian Spring Pkwy Middle Ben Brown Ave Killian Spring Pkwy to Smith Dr Upper Ben Brown Ave Smith Dr to west SDA boundary Killian Spring Pkwy Upper Killian Spring Pkwy East of Ben Brown Ln Lower Killian Spring Pkwy I West of Ben Brown Ln 4. Utilities: Through Final Plans (FPs), indicate placement, dimensions, and nature of utility boxes and vaults. 5. Public Works (PW): General: a. A Department of Environmental Quality 1200 C Erosion Control permit will be required for this project, and is the responsibility of the applicant to obtain and comply with stipulated conditions of the permit. b. All system development charges shall be paid prior to the time of the building permits are issued. c. On-site existing water wells and subsurface sewage disposal systems shall be abandoned by the applicant in accordance with all state regulations and requirements. d. Each subdivision phase shall be platted in accordance with City standards, approved and recorded with Marion County. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 65 of 67 111 e. All work shall conform to the current State and City of Woodburn standards and regulations at the time of permit application. 6. PW: Streets: a. All streets pavement width's shall comply with the minimum requirements set in current Woodburn Transportation System Plan, street functional classification designation, including widths at all creek crossings. b. No structures or fences greater than 42" in height will be allowed in the sight visibility area on lots at the street intersection, regardless of the approved building setbacks, per WDO 2.06.02 and 3.03.06. c. Mountable curbs are only allow in the alleys. 7. PW: Drainage: The development shall be subject to wetland regulations. The Oregon Department of State Lands (DSL) and U.S. Army Corps of Engineers (U.S. COE) shall be contacted and proper permits obtained. 8. PW: Sewerage: a. All sewer mains are a gravity system and the termini of sewer lines locations and depths shall be such that it is suited for future extensions to adjoining areas, including the south end of the development. b. The Sanitary sewer main in Stubb Road shall be designed with size and depth to provide for future extension. c. All residential lots shall be served by a separate sanitary service extending to the city maintained system located with the public right-of-way. 9. PW: Water: a. The water mains serving each phase shall be a looped system, shall be sized in accordance with flow and fire protection requirements for each construction phase. The minimum size of water main shall be 8"in diameter. b. Fire hydrants locations and fire protection requirements shall be as per the Woodburn Fire Districts and City of Woodburn requirements. c. Actual fire hydrant locations and in-line valving locations shall not be determined until the construction plan review for each phase. 10. Other Agencies: The applicant, not the City, is responsible for obtaining permits from any county, state and/or federal agencies, which may require approval or permit, and must obtain all applicable City and County permits for work prior to the start of work and that the work meets the satisfaction of the permit-issuing jurisdiction. The Oregon Department of Transportation (ODOT) might require highway access, storm drainage, and other right-of- way (ROW) permits. All work within the public ROW or easements within City jurisdiction must conform to plans approved by the Public Works Department and must comply with a Public Works Right-of-Way permit issued by said department. Marion County plumbing permits must be issued for all waterline, sanitary sewer, and storm sewer work installed beyond the Public Right-of-Way, on private property. 11. Inspection: Prior to building occupancy, all landscaping and screening must be installed and prior to City staff verification. Contact Planning staff at least three City business days prior Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 66 of 67 112 to a desired date of planning/zoning inspection of site improvements. This is separate from and in addition to the usual building code and fire and life safety inspections. 12. Public Works Review: Staff performs final review of the civil plans during the building permit stage. Public infrastructure must be constructed in accordance with plans approved b the Cit as well as current Public Works construction s � c:l�lc:atl����s Standar Drawl s Y Y, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,I,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.........r.,,i..g,,,,,,,M, tar.-.i ,a„r,d,C ��, ,ta„u„I„s, and General Conditions. 13. ROW: All work within the public rights-of-way or easements within City jurisdiction must require plan approval and permit issuance from the Public Works Department. All public improvements construction work must be performed in accordance with the plans stamped "approved” by the City, and comply with the City's Standard Specifications and Standard drawings. 14. Franchises: The applicant provides for the installation of all franchised utilities and any required easements. 15. Water: All water mains and appurtenances must comply with Public Works, Building Division, and Woodburn Fire District requirements. Existing water services lines that are not going to be use with this new development must be abandoned at the main line. The City performs required abandonment of existing water facilities at the water main with payment by the property owner. All taps to existing water mains must be done by a "Hot Tap” method and by approved City of Woodburn Contractors. The applicant must install the proper type of backflow preventer for all domestic, lawn irrigation and fire sprinkler services. The backflow devices and meters must be located near the city water main within an easement, unless approved otherwise by Public Works. Contact Scott Bergren, City of Woodburn Cross Connection Inspector, for proper type and installation requirements of the backflow device at (503) 982-5380. 16. Grease Interceptor/Trap: If applicable, a grease trap would need to be installed on the sanitary service, either as a central unit or in the communal kitchen/food preparation area. Contact Marion County Plumbing Department for permit and installation requirements, (503) 588-5147. 17. Fire: Fire protection requirements must comply with the Woodburn Fire District standards and requirements. Place fire hydrants within the public ROW or public utility easement and construct them in accordance with Public Works Department requirements, specifications, standards, and permit requirements. Fire protection access, fire hydrant locations and fire protection issues must comply with current fire codes and Woodburn Fire District standards. See City of Woodburn Standard Detail No. 5070-2 Fire Vault. The fire vault must be placed within the public right-of-way or public utility easement. 18. SDCs: The developer pays System Development Charges prior to building permit issuance. Staff will determine the Water, Sewer, Storm and Parks SDCs after the developer provides a complete Public Works Commercial/Industrial Development information sheet. 19. Records: Staff suggests that the applicant retain a copy of this staff report and the final decision. 20. Signage:The approval excludes any signage, which is subject to WDO 3.10. Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report Attachment 102 Page 67 of 67 113 EXHIBIT B NARRATIVE In this section the codes, standards, and criteria for approval and elements of the Comprehensive Plan are written in Aerial Narrow 11 pt Font, Bold Italics. The applicant's comments or responses are written in Times New Roman 12 pt Font. WOODBURN DEVELOPMNET ORDINANCE SECTION 1 ORGANIZATION AND STRUCTURE COMMENT: This Applicant recognizes the organization and structure outlined in this section. SECTION 2 LAND USE ZONING AND SPECIFIED USE STANDARDS 2.01 General Provisions Zoning seeks to group like uses together, to separate incompatible uses, and to allow a wide range of land uses in appropriate environments and with appropriate regulations. The zones are depicted on the Official Zoning Map. This Section sets forth the regulations for each zone in the City. COMMENT: This application achieves the intent of this section as uses proposed are grouped and compatible, while including a range of uses in appropriate locations as depicted on the zoning map as may be amended, and following the regulations for each zone, where applicable. 2.01.01 Establishment of Zoning 2.01.02 Zoning Districts 2.01.03 Classification of Uses 2.01.04 Other Use Provisions 2.01.01 Establishment of Zoning All areas within the corporate limits of the City of Woodburn are divided into distinctive land use categories, as depicted on the Official Zoning Map. The use of the territory within a zoning district shall be limited to the uses specified in the zoning district. COMMENT: The uses proposed comply with the uses specified in the zoning districts as described below. 2.01.02 Zoning Districts The City of Woodburn shall be divided into the following zoning and overlay districts: A. Residential Zones: 1. Residential Single Family(RS) 2. Nodal Single Family Residential(RSN) 3. Retirement Community Single Family Residential(R1S) 4. Medium Density Residential(RM) I Ilii ii r�� ii ..... ... . .�' .... ...... 5. Nodal Multi-Family Residential(RMN) STAFFORD ()1�1.. 114 COMMENT: The subject property includes the RS, RSN, and RMN residential zones. D. Overlay Districts 1. Gateway Commercial General Overlay District 2. Interchange Management Area Overlay District 3. Neighborhood Conservation Overlay District 4. Nodal Overlay Districts 5. Riparian Corridor and Wetlands Overlay District 6. Southwest Industrial Reserve COMMENT: The subject property includes the Nodal Overlay Districts and the Riparian Corridor and Wetlands Overlay District. 2.01.03 Classification of Uses A. Within each zone, uses are classified as"permitted,""special,""conditional,""specific conditional"and"accessory." Further, uses are functionally classified by description of the particular activity(such as"site-built single-family dwelling'). B. Where a use is not defined in Section 1.OZ the words of this ordinance describing such a use are to be given their ordinarily accepted meaning, except where the context in which they are used clearly indicates otherwise. C. In many cases, uses are listed under convenient categories. Such titles of subsections do not indicate nor shall they be construed as meaning that they themselves independently designate permitted,special, conditional or accessory uses. They are provided for ease of reference only. D. The uses listed in each use classification refer to the"predominant use." The term"predominant use"not only describes the principal use but also allows for"ancillary uses"and"required supporting uses." "Predominant use"does not differentiate about the duration of a use, uses of both permanent and temporary nature are considered to be the same. E. An ancillary use is a use that is subsidiary to a predominant use and is either vertically integrated with, or directly linked with, the conduct of a predominant use, or is exclusively for the benefit of occupants, or employees, of a predominant use. COMMENT: The Applicant recognizes the classifications and is proposing both permitted and special uses. 2.01.04 Other Use Provisions The Woodburn Development Ordinance(WDO)included standards and procedure for development within the City of Woodburn. All development is subject to the standards of the WDO. The uses authorized in each zone are listed in Sections 2.OZ 2.03, 2.04 and 2.06. There are additional standards, including standards forAccessory Uses(Section 2.06),Special Uses(Section 2.07), Conditional Uses (Section 2.08), Streets(Section 3.01), Utilities and Easements(Section 3.02), Setbacks(Section 3.03), Access(Section 3.04), Off-Street Parking and Loading(Section 3.05), Landscaping(Section 3.06), Architectural Design (Section 3.07), and Signs(Section 3.10). COMMENT: The Applicant recognizes the other use provisions described above and proposes development with uses and to standards substantially conforming to this code with modified standards as described here and as allowed by this code. varah�a Fa u�i7M iii�ca� ..._ 2 M-VF10PnrFN1c:0nnPANV 115 2.02 Residential Zones A. The City of Woodburn is divided into the following residential zones: 1. The Residential Single Family(RS)zone is intended to establish standard density single-family residential developments(typically 6,000 square foot lots). 2. The Nodal Single Family Residential(RSN)zone provides for row houses(attached single-family homes)and detached single-family homes on smaller lots(typically 4,000 square foot lots). 3. The Retirement Community Single Family Residential(R1S)zone provides small lot residential development for seniors, allowing single-family homes on lots as small as 3,600 square feet. 4. The Medium Density Residential(RM)zone provides for multi-family dwellings and care facilities at up to 16 dwelling units per net acre. 5. The Nodal Multi-Family Residential(RMN)zone provides for row houses,multi-family dwellings and care facilities at higher densities than non-nodal zones. B. Approval Types(Table 2.02A) 1. Permitted Uses(P)are allowed outright,subject to the general development standards of this Ordinance. 2. Special Permitted Uses(S)are allowed outright,subject to the general development standards and the special development standards of Section 2.07. 3. Conditional Uses(CU)may be allowed,subject to the general development standards of this Ordinance and conditions of Conditional Use approval. 4. Specific Conditional Uses(SCU) may be allowed,subject to the general development standards of this Ordinance, the specific standards of Section 2.08, and conditions of Conditional Use approval. 5. Accessory Uses(A)are allowed outright,subject to the general standards of this Ordinance. COMMENT: The subject property includes area zoned or designated on the Comprehensive Plan Map to have the RS, RSN, and RMN residential zones applied to those areas upon annexation and zoning. The Applicant is proposing both permitted and special uses. Uses Allowed in Residential Zones Table 2.02A!sections omitted for brevityl COMMENT: The Applicant is proposing: • Dwelling uses: A.4. Multiple family dwelling in the RMN zone which is permitted A.5. Row houses in the RMN zone which are permitted A.6. Single-family detached dwellings which are permitted in all zones • Nonresidential, Care and Public uses: A.11. Parks, play grounds and associated activities which are permitted in all zones A.12. "Streets and Utilities" which are permitted in all zones • Other uses: C.2. Common boat, recreational and vehicle storage area which are special uses in all zones C.3. Community club buildings and facilities which are special uses in all zones C.14. Residential sales office which is a special use in all zones And, other special and accessory uses listed, which along with the permitted uses listed here are all allowed outright in the respective zones and shall conform to applicable standards. Other uses proposed in a future Mixed-Use PUD on the proposed multi-family lot will be determined at a later date at the time of a Mixed-Use PUD application on that lot. varah�a Fa u�i7M iii�ca� ..._ 3 M-VFI0PnrFNr c:0nnPANV 116 C. Development Standards(Tables 2.028-F)!sections omitted for brevityl COMMENT: The Applicant recognizes these tables by reference. SFD-RS The lots to be created in Phase 2C by subdivision of Parcel 1 of PP#1 (See Exhibit C-17)will be zoned RS and are not PUD lots. They will be developed with lots conforming to standards of Table 2.02B, except where modified by variance. They are outside of the Nodal Overlay District. They are referred to as SFD-RS in this application (See Color Lot Type Map, Exhibit C-4). SFD-60 Lots identified in the development plans as SFD-60 are not PUD lots. They will be developed as "Standard" RSN lots conforming to Table 2.02C, except as modified here by the requested variances (see Comments on Variances under Section 5.03.12 below). SFD-45 & SFD-40 PUD lots identified as SFD-45 & SFD-40 in phases of the proposed development in areas designated on the Comprehensive Plan Map as RSN will be developed to conform to specifications for"Standards" lots in Table 2.02C, except as modified here by the PUD application. These lots are "Standard" lots that are modified by the PUD. Here is a list of the standards of this table proposed to be flexed for these PUD "Standard" lots, as allowed in a PUD by Section 3.09, to accommodate a variety of uses: A. Lot Area Minimums —Reduced to minimum square feet area per Table 1.0 below. B. Lot Width Minimums—Equal for interior and corner lots to "Lot Width Typical" per Table 2.0 below. C. Lot Depth, Average is a minimum average, lot depth average can be more, respectively. D. Minimum Density—Minimum density in the PUD area will meet that minimum required for a PUD in Table 3.09A of the WDO. See table in Exhibit T for proposed PUD density and how it meets the PUD density requirements. No maximum density is listed in the code, yet maximum density in the Comprehensive Plan is not exceeded. E. Street Frontage Minimum —Interior lot street frontage minimum equal to a 5' reduction, or 3 5'. F. Front [Building] Setback Minimum —Equals 15' per Table 2.0 below, while Front Garage Setback Minimum remains 20' per this code and Table 2.0 below. G. [Side] Setback Abutting a Street Minimum —Reduced to 15' per Table 2.0 below. H. Front Porch Setback of 10' is proposed as a minimum, not a"maximum", larger front yards are allowed. I. Rear Setback, Average of 20' is a minimum average, rear setback average can be more than 20', larger rear yards are allowed. J. Lot Coverage of primary dwelling limited by proposed setbacks. K. Eaves may be less than 12 inches, or when 12 inches may project 12 inches into side setback. All other standards of Table 2.02C apply. varah�a Fa u�i7M iii�ca� ..._ 4 M-VF10PnrFN1c:0nnPANY 117 SFDA-40 Lots identified in the development plans as SFDA-40 are not PUD lots. They will be developed as small lots in the RSN zone meeting the standards for small lots in Tables 2.02C, except where modified by variance with this application. SFD-33, SFDA-34, & SFDA-32 PUD lots identified as SFD-33, SFDA-34 & SFDA-32 in phases of the proposed development in areas designated on the Comprehensive Plan Map as RSN will be developed to conform to specifications for"Small lots" of Table 2.02C, except as modified here by the PUD application or by a variance. Here is a list of the standards of this table proposed to be flexed for these Small lots, as allowed in a PUD by Section 3.09, to accommodate a variety of uses: A. Lot Area Minimums—Reduced to minimum square feet area per Table 1.0 below. B. Lot Width Minimums—Equal for interior and corner lots to "Lot Width Typical" per Table 2.0 below. C. Lot Depth, Average is a minimum average, lot depth average can be more, respectively. D. Minimum Density—Minimum density in the PUD area will meet that minimum required for a PUD in Table 3.09A of the WDO. See table in Exhibit T for proposed PUD density and how it meets the PUD density requirements. No maximum density is listed in the code, yet maximum density in the Comprehensive Plan is not exceeded. E. Street Frontage Minimum — Street frontage minimum equal the"Lot Width Typical" per Table 2.0 below, and alley frontage counts toward minimum street frontage. F. Front [Building] Setback Minimum —Equals 15' per Table 2.0 below, while Front and Rear Garage Setback Minimum remains 20' per this code and Table 2.0 below. (For lots that only have frontage on a public alley the front setback is the short boundary of the lot adjacent to the common area tract, while the rear setback is adjacent to the public alley, the garage side.) G. [Side] Setback Abutting a Street Minimum —Reduced to 15' per Table 2.0 below. H. Front Porch Setback of 10' is proposed as a minimum, not a"maximum." Larger front yards are allowed. (For lots that only have frontage on a public alley the front setback is the short boundary of the lot adjacent to the common area tract, while the rear setback is adjacent to the public alley, the garage side.) I. Side Setback Minimum for SFD-33 will be 3' and for SFDA-34 & SFDA-32 they will be 4' per Table 2.0 below, a reduction of 2' and 1', respectively. J. Rear Setback, Average of 20' is a minimum average, rear setback average can be more than 20', larger rear yards are allowed, longer driveway lengths from the alley are also allowed. K. Lot Coverage determined by setbacks per table footnote 9. L. Eaves may be less than 12 inches, or when 12 inches may project 12 inches into side setback. All other standards of Table 2.02C apply. varah�a Fa u�i7M iii�ca� ..._ 5 M-VFI0PnrFNr c:0nnPANV 118 SFD-33, SFDA-34, SFDA-32, & RHA-18 PUD lots identified as SFD-33, SFDA-34, SFDA-32, & RHA-18 in phases of the proposed development in areas designated on the Comprehensive Plan Map as RMN will be developed to conform to the specifications in Table 2.02F, except as modified here by the PUD application or by a variance. Here is a list of the standards of this table proposed to be flexed for these Small lots and Row House lots as allowed in a PUD by Section 3.09 to accommodate a variety of uses: A. Lot Area Minimums —Reduced to minimum square feet area per Table 1.0 below B. Lot Width Minimums—Equal for interior and corner lots to "Lot Width Typical" per Table 2.0 below C. Lot Depth, Average is a minimum average, lot depth average can be more, respectively; small lot minimum average depth is the same as row house, 80' D. Street Frontage Minimum for Row Houses—Row House minimum frontage is 18', a 2' reduction from the standard. E. Minimum Density—Minimum density in the PUD area will meet that minimum required for a PUD in Table 3.09A of the WDO. See table in Exhibit T for proposed PUD density and how it meets the PUD density requirements. No maximum density is listed in the code, yet maximum density in the Comprehensive Plan is not exceeded. F. [Side] Setback Abutting a Street Minimum —Reduced to 15' per Table 2.0 below G. Front [Building] Setback Minimum —Equals 15' per Table 2.0 below, while Front and Rear Garage Setback Minimum equals 20' per Table 2.0 below. (For lots that only have frontage on a public alley the front setback is the short boundary of the lot adjacent to the common area tract, while the rear setback is adjacent to the public alley, the garage side.) H. Front Setback Maximum for a Row House to a Porch of 10' is a"minimum," not a maximum. Larger front yards are allowed. (For lots that only have frontage on a public alley the front setback is the short boundary of the lot adjacent to the common area tract, while the rear setback is adjacent to the public alley, the garage side.) I. Side Setback Minimum will be per Table 2.0 below. That will be just like in the RSN zone above, 3' for SFD-33 small lots and 4' for SFDA-34 & SFDA-32 lots. Side setbacks will be 5' for exterior Row House units (non-common wall side), per Table 2.0 below (0' for common wall sides per this code). J. Rear Setback Minimum—Equals 20' for a small lots and to the garage from an alley per Table 2.0 below K. Lot Coverage Maximum for PUD Small lots and Row houses (SFD-33, SFD-34, SFD-32, and RHA-18)will be determined by setbacks per Table 2.0 below All other standards of Table 2.02F apply. varaha Fa u�i7M iii�ca� ..._ 6 M-VFI0PnrFNr c:0nnPANV 119 The lot identified in Phase 1B as multi-family meets the dimensional standards of the RMN code. It is envisioned as a potential future "Mixed-Use PUD" development site, and will be considered for development through a separate future application. As shown on the master plan a mix of multi-family residential, commercial and other special uses are envisioned in the concept plan and may be proposed for the site. Outright permitted non-housing uses, such as common RV Storage, may be proposed on the site, for example. The areas committed to residential use may vary. A rough number of 105 dwelling units is shown in this application as a place holder for reference purposes. The density of the future development of this lot will be determined at a later date as part of the future development application, and if approved as a mixed-use PUD will meet the density requirements of Table 3.09A. Specific conformance to standards of Table 2.02F, as they pertain to the multi-family lot, will be determined at the time of the future application. The Net Density of the lots outside the PUD boundary is calculated in a table by the applicant per the Section 1.02 Definitions for conformance with the code for those lots (see Exhibit T). Densities for these non-PUD lots are shown by use within a zone. It shows the net density for RS zoned lots in Phase 2C is 5.2 DU/Net Acre, which meets the minimum requirement of 5.2 for that zone per Table 2.02B. It also shows Standard lots (SFD-60)in the RSN zone have a density of 5.5 DU/Net Acre, which exceeds the minimum of 5.2 for that use. Small lots (SFDA-40)in the RSN zone have a density of 9.9 DU/Net Acre, which exceeds the code minimum requirement of 7.9 DU/Net Acre. The minimum density standard for PUD lots in the RSN and RMN zones listed in Tables 2.02C &F, respectively, do not apply in the PUD portion of the site. Applying PUD flexibility to the minimums is necessary to allow the open space required by the PUD. The PUD minimum density for residential developments is defined in Section 3.09.06.A and Table 3.09A(also see the table in Exhibit T). The minimum density for a PUD in Table 3.09A is met. The Comprehensive Plan (Page 6)Policy Table 1 calls for a minimum density of 5.2 units per net buildable acre for the RS zone, 7.9 units per net buildable acre for the RSN zone, and 10 units per net buildable acre for RMN zone. This table in the Comprehensive Plan uses a different definition for density than the definition for net density in the WDO. It focuses on buildable acres (see "Note" in table). The densities in each zone based on net buildable acres for the Smith Creek Development are calculated as 6.0 DU/Net Buildable Acre for the RS zone, 8.9 DU/Net Buildable Acre for the RSN zone and 17.1 DU/Net Buildable Acre for the RMN zone (see Exhibit T). These densities of the proposed project fall within the density ranges of the Comprehensive Plan. varah�a Fa u�i7M iii�ca� ..._ 7 M-VFI0PnrFNr c:0nnPANV 120 For a complete summary of the lots and their standards proposed, see the Color Lot Type Map Exhibit C-4 and Typical Lot Exhibit C-5, Plats Exhibit C-7; Site Plans Exhibit C-8 and Table 1.0 & Table 2.0 below. TABLE 1.0 #OF LOTS LOT SUMMARY Standard lots* Small lots Row house SFD- SFD- SFD- SFD- SFDA- SFD- SFDA- SFDA- RHA- Existing Lots by PHASE RS 60 45^ 40^ 40 33"* 34^ 32" IV Dwelling* MF Phase Phase IA 0 37 24 39 4 32 8 6 0 1(RMN) 0 151 Phase 1B 0 0 0 0 0 0 0 0 0 0 1 1(RMN) Phase 2A 0 0 6 48 15 11 0 13 0 0 0 93 Phase 213 0 13 0 0 15 0 14 15 0 0 0 57 Phase 2C 22 0 0 0 0 0 0 0 0 1(RS) 0 23 Phase 3A 0 0 0 0 13 28 38 50 0 0 0 145 Phase 313 0 45 0 0 0 0 0 0 0 0 0 45 Phase 4A 0 0 0 0 0 40 0 0 96 0 0 136 Phase 413 0 66 0 0 0 0 0 0 0 0 0 66 Lots by Type 22 161 30 87 47 111 60 84 96 2 1 717 Lots Total Dwelling Units 22 161 30 87 47 111 60 84 96 2 —105 821 D.U. Grand Total CORNER MIN(SF) 8,000 8,000 5,000 4,500 N/A 4,000 N/A 3,000 2,800 DU MIN(SF) 6,000 6,000 4,400 4,000 4,000 3,100 3,000 2,900 1,600 821 *with variances Lots APUD 717 Table 2.0 PROPOSED DIMENSIONS SFD- SFD- SFD- SFD- SFDA- SFD- SFDA- SFDA- RHA- MINIMUMS—FT RS* 60 45 40 40 33 34 32 18 Front Porch Setback 10 10 10 10 10 10 10 10 10 Front Building Setback* 15 15 15 15 15 15 15 15 15 Front Garage Setback 20 20 20 20 n/a 20 n/a n/a n/a Interior Side Setback 5 5 5 5 5 3 4 4 0 or 5 Street Side Setback 20 20 15 15 15 15 15 15 15 Rear Building Setback 20 20 20 20 15 20 15 15 15 Rear Garage Setback n/a n/a n/a n/a 20 n/a* 20 20 20 ROW Frontage Minimum" 40 50 40 35 30* 30 30^ 30^ IV Lot Width Typical 60 60 50 40 34 33 34 32 18 Lot Depth Minimum 90 90 90 90 90 85 85 85 85 *with variances,and existing dwellings accepted from setbacks from new right-of-way "public street or alley varah�a Fa u�i7M iii�ca� ..._ 8 rr„naPnrFNr c:0nnPANV 121 The modifications to this code by the Applicant through the PUD process are appropriate as the application proposes innovative and creative approaches to development of the land as allowed and encouraged by the PUD code Section 3.09. The lot sizes proposed are reasonable because lots of 4,000 square feet are allowed in a subdivision, and the overall average lot area for the project is over 4,000 square feet per lot. This fact emphasizes the appropriate scale of the proposed development's lots. Instead of all lots in the development being the average size, or 4,000 square feet minimum in area, the applicant is proposing a mix of lot and dwelling sizes, including Standard lots, PUD Standard lots, Small lots, PUD Small lots, PUD Row house lots and a lot for a future multi-family site. Once creative approach the Applicant is applying to the PUD is to propose PUD Standard lots that are more efficient than "Standard" lots in the RSN zone. Since about 1/3 of the gross site area is set aside as common area, these PUD Standard lots are about 1/3 the typical size of a"Standard" lot, or larger. These lots are the lots identified as SFD-45, SFD-40 in this Application. These lots have dwellings at a similar scale, if slightly smaller to be more efficient, to those in a Standard lot subdivision. They simply have less land. Instead the land is clustered in common areas to benefit the entire community. They still have front loading garages with direct vehicular access to the street and parking in the front setback like a Standard lot would have. The PUD Standard lots are lots for detached single-family dwellings with a minimum 20' deep fenced rear yard like a Standard lot would have in a regular subdivision. The need for Standard lots is demonstrated in the Comprehensive Plan and is allowed in the Nodal area by the WDO. These PUD Standard lots allow housing types with front loaded garages. This PUD approach will provide more efficient Standard lots to the community in a form that is familiar to the average home buyer, who is comfortable with the concept of a garage served from the street and a private back yard, like in other communities of Woodburn. This approach creates a new use and variety in housing within this PUD. The SFD-33 lots are very similarly to the Small lots of the Nodal zone. These creative PUD small lot designs use the land more efficiently, too, as they are typically smaller than a Small lot would be in a subdivision, and instead place that land in a common area for the entire community. They also have a variance application attached to them to allow efficiency in public infrastructure and sensitivity to surrounding land uses as they are not served by an alley. They will provide the consumers (a.k.a. the prospective home buyer)with housing options at reasonable price points, yet with a similar function and feel of lifestyle home buyers are accustomed to. The PUD also proposes PUD small lots that are served by an alley (no variance) as these lots are not located where an alley would be in appropriate. Many of these lots are oriented to a common greenway and open space areas. This creative PUD approach offers extraordinary varah�a Fa u�i7M iii�ca� ..._ 9 M-VF10PnrFN1c:0nnPANV 122 land use and infrastructure efficiencies while offering a unique sense of place and community feel that is very attractive. The innovative PUD Small lots allow for dwelling types at slightly larger in scale and quality, to a traditional attached townhouse, or row house dwelling development. These are detached single-family homes on Small lots (SFD-33, & SFDA-34, and SFDA-32). These designs are more responsive to current market demands for a detached dwelling than attached row house dwellings would be. A recent study by Metro showed that 80% of people prefer single-family detached housing, while only 7%prefer attached unitsl. With side yards residents can bring their tools from the garage to the garden via the side yard, instead of through the living room, which is required for internal townhouse units that have no side yard. This creative PUD Small lot approach to housing also allows for windows on all four sides of all dwellings creating better lit interiors, as opposed to windows only in the front and rear of an interior attached row house. The side setbacks of these small lots meet the minimum fire safety separation for buildings, and maximize the interior square footage of the building. These PUD Small lots mean a buyer who seeks it can get a single-family detached dwelling, instead of a row house, which the study referenced above says most buyers prefer. These lots create more privacy for the dwelling occupant, as opposed to a townhouse with a shared common wall, and eliminate the need for a burdensome common wall legal agreement typical of attached row housing with the zero lot lines. At the same time, the applicant proposes creative small lot Row houses (RHA-18)to meet the housing need for this dwelling type and price point. The proposed 112 row house lots are about 13.6% of the total 821 dwelling units in the development. This is slightly higher than the 7%the market prefers, per the study referenced above The market need for dwellings with no yard, except the front small garden patch, and a common wall does exist and this proposed PUD approach to row house development will meet that need with row houses that have front yards that are proposed as larger than the underlying zone standard and that are surrounded by parks and green spaces that are connected by sidewalks and paths to trails and parks throughout the community. The Standard lots, PUD standard lots, Small lots, PUD Small lots and PUD Row house lots proposed present Woodburn home buyers with a range excellent entry points into home ownership. The Smith Creek development community also has larger Standard lots, which taken as a whole allow residents to move up and down the housing spectrum, if desired, to a larger home or into a smaller home, while staying in the community and keeping the social and community connections made while living in Woodburn. This approach achieves the goal of housing that provides Attainability, Balance, and Choice, a key aspect of the approach Stafford Development Company has taken to the Smith Creek Development. Metro Preference Study(http://www.oregonmetro.gov/residential-preference-study) varah�a Fa u�i7M iii�ca� ..._ 10 rr„naPnrFNr c:0nnPANV 123 2.05 Overlay Districts There are six land use Overlay Districts within the City. Overlay districts include development standards for historic preservation, natural resource conservation, traffic generation, etc, which are in addition to the land use regulations of the underlying zones. 2.05.01 Gateway Commercial General Overlay District 2.05.02 Interchange Management Area Overlay District 2.05.03 Neighborhood Conservation Overlay District 2.05.04 Nodal Overlay Districts 2.05.05 Riparian Corridor and Wetlands Overlay District 2.05.06 Southwest Industrial Reserve COMMENT: The subject property includes the Nodal Overlay Districts and the Riparian Corridor and Wetlands Overlay District. 2.05.04 Nodal Overlay Districts A. Purpose Development within the Nodal Overlay Districts includes multi-family,single family,attached single family(row houses)and small-lot single family development, with limited commercial development and accessible parks. The intent of the overlay districts is to provide community identity to higher density residential developments within walking distance(generally one-half mile or less)of the neighborhood commercial center. Nodal development will be designed with a pedestrian focus, with interconnected streets and pedestrian walkways, alleys serving garages located at the rear of lots,and with limited on- street parking. Nodal Overlay Districts are shown on the Comprehensive Plan Map with zoning applied at the time of annexation. To ensure that land is efficiently used within the Urban Growth Boundary (UGB),master plans shall be required for land within Nodal districts. COMMENT: The proposal meets with the purpose of the Nodal Zone for the following reasons: 1. The proposed development will establish a unique and distinct community identity in Woodburn and the surrounding area with gentle curving streets, unique pedestrian features, and monument signing. It is lined with common areas and open space, all filled with local heritage place names, and accented with variety in housing and development types ranging from multi-family and row house dwellings to 10,000 sq. ft. plus lots with detached houses. 2. The project will create a significant number of accessible parks and recreational facilities that include an extensive system of public pathways and private walks to connect residents to neighbors and with parks, schools and future and existing commercial centers. Walmart and other commercial uses are located a short distance to the north and a neighborhood shopping center is identified on the Comprehensive Plan a short distance to the west on the north side of Parr Road making these centers within convenient walking distance of Smith Creek. The downtown is also in the vicinity. (see Exhibit C- 15, sheets 2 & 3) varah�a Fa u�i7M e�i�i rcan� ..._ MrVF10P riFN1 c:0nnPANV 124 3. The proposal is designed with some alleys serving the garages of dwellings with ample off-street parking on the lot in the garage and in front of it. This results in over three to four spaces per single family dwelling unit, limiting demand for on-street parking. There are also other dwelling types. The Applicant proposes to use the Planned Unit Development process set forth WDO 3.09 to modify lot standards of Section 2. A residential PUD may be allowed in any of the City's five (5) residential base zoning designations and the public/ semi-public zone, including the"Nodal" zones. 4. A Master Plan has been prepared for the Nodal area (see Exhibit C-15), and demonstrates efficient use of the land and regular street alignments within the proposed development. Within the proposed development there is a prudent use of Standard lots and Small lots. Over 55% of the Standard lots are of standard size, and under 45% of them are within the PUD area. There are four different types of small lots. Over 15% are of standard size located outside of the PUD area, and over 60% are served by alleys, where some are proposed without an alley where appropriate due to adjacent land use by the variance application included here. B. Nodal Single Family Residential(RSN) and Nodal Medium Density Residential(RMN) Districts 1. Vehicular access directly to a public street is prohibited and alley access to garages facing the alley is required for anything other than standard single family development. Off-street parking, maneuvering and storage is prohibited within a required front or side setback,or any yard abutting a street with attached single family and small-lot single family development. COMMENT: The proposed Smith Creek Development proposes three types of standard single family development: Standard lots and PUD Standard lots proposed as SFD-60, SFD- 45, & SFD-40, thus these standards to not apply to those standard single family lots. Lots shown as SFD-RS are not in the Nodal District, thus these standards are not applicable to those lots. The proposal has four types of small lots and one type of row house: SFDA-40, SFD-33, SFDA-34, SFDA-32, & RHA-18. The Applicant requests a variance to this code requirement to allow a modification to this development standard for SFD-33 lots to allow direct vehicular access to a public street and off-street parking, maneuvering and storage within a front or side setback abutting a street for those lots only. See responses to Variance Section 5.03.12 below. All other Small lots and Row house lots proposed conform to this standard. varah�a Fa u�i7M iii�ca� ..._ 12 M-VFI0PnrFNr c:0nnPANY 125 2.Alleys shall be required for all small lot single-family residential subdivisions and attached single family(row houses)development.Alleys shall be dedicated and paved to a minimum width of 20-feet.No parking shall be allowed within an alley right-of-way. COMMENT: The proposed Smith Creek development has small lots and row houses. Alleys are provided to all of these Small lots and Row houses, except for SFD-33 lots which are requested to have access from the public street by variance, see section 5.03.12 below. All alleys will be publicly dedicated at least 20' wide, and are paved with a hard surface (asphalt/concrete), with not parking within the alley right-of-way. A 5' public utility easement will be provided along all public alley rights-of-way. C. Master Planning Requirement 1.A master development plan shall be approved by the City Council for the entire area designated as Nodal Overlay on the Comprehensive Plan Map,prior to annexation of any property within the Nodal Development Overlay Comprehensive Land Use Plan map designation. The master plan shall be conceptual and non-binding in nature, but may be used as a general guide for development within the Nodal Overlay Districts. COMMENT: Exhibit C-15 shows the property included in the Master Plan of the Nodal Overlay District area, and is conceptual for properties not part of this application. This Nodal Master Plan also acts as the key Concept Plan element for the site to meet the several PUD requirements for a Concept Plan. 2. The required master plan shall show: a) The location and rights-of-way for existing and planned streets. These streets shall provide access to all existing and proposed parcels, consistent with the Transportation System Plan(TSP); COMMENT: The potential street patterns to serve all lots are identified on the Master Plan and in accordance with the TSP. b) The location and size of existing and planned sanitary sewer,storm water and water facilities, at adequate levels to serve existing and proposed development, COMMENT: The development plans (Exhibit C), including existing conditions and utility plans, and the Master Plan shows the extension of planned utilities. Capacity of the utilities was determined for the Smith Creek development by Emerio Design. Capacity for the remaining properties in the Nodal Overlay District will be determined by the City of Woodburn engineering staff in the future. The preliminary plans show oversized storm pipes, where necessary to accommodate future growth. See also Exhibits K and V for further storm water analysis. Proposed planned sanitary sewer in Phase IA is also sized to serve existing Senior Estates development when the City replaces the sewer pump station in Santiam Drive varah�a Fa u�i7M iii�ca� ..._ 13 M-VFI0PnrFNr c:0nnPANV 126 with a new connection to gravity sewer through this site. A tract of land north of Smith Drive is provided for this purpose on the Phase IA plat. The proposed pipe alignments and sizes are also planned to serve capacity of future development on adjacent phases and adjacent properties. c) The location and area of the Riparian Corridor and Wetlands Overlay District(RCWOD). Planned streets and public facilities that cannot reasonably avoid the RCWOD shall be indicated, COMMENT: Several properties in the Nodal District are also in the RCWOD as defined by WDO Section 2.05.05.B.a.-c. The "Significant Wetlands" in the RCWOD are not part of this project, not found on the subject site, and are located west of Stubb Road and north of Parr Road. The remaining wetlands in the Concept Planning Area are "Minor" and not considered "Significant". The Master Plan shows that all the wetlands identified on the Local Wetland Area Map are avoided except for at required street and pedestrian crossings. Only one new street crossing of an intermittent stream (or minor wetland area), occurs in the Smith Creek development at proposed extension of Ben Brown Lane (as shown on the TSP), and that crossing will not impact the resource as it is proposed to be built with a span of the resource area and floodway area. Improvement to Stubb Road is proposed to avoided resource areas with a narrow street section upon approval of the requested Exception to Street Improvement Requirements described herein. One conceptual street crossing is shown in the Master Plan west of Stubb Road and north of Parr Road to accommodate a hypothetical mid-block street, but is not proposed to be built with this development. d)A development plan for the Nodal Neighborhood Commercial center, neighboring multi-family areas, and potential parks, including planned pedestrian and bicycle connections within the Nodal Overlay District as shown on the Transportation System Plan,and pedestrian and bicycle connections to Southwest Industrial Reserve areas; COMMENT: The Master Plan shows all of the above uses. Also, see development plans (Exhibit C), which shows pedestrian and bicycle paths and park facilities proposed for improvement with Smith Creek Development. This includes a pathway parallel to the drainage as shown on the TSP. e)A development plan for all residential areas, demonstrating consistency with applicable nodal design standards. COMMENT: The Master Plan shows a development plan that complies with the nodal design standards, and the development plan within Smith Creek, where modified by the PUD and variances. Compliance with the nodal design standards for other individual properties within the district and outside of this development proposal will be demonstrated when development applications are submitted to the city for those properties by others. The street patterns and land uses shown on the Master Plan are in compliances with the intent of the nodal district and the nodal standards. varah�a Fa u�i7M iii�ca� ..._ 14 M-VF10PnrFN1c:0nnPANV 127 2.05.05 Riparian Corridor and Wetlands Overlay District A. Purpose The Riparian Corridor and Wetlands Overlay District(RCWOD) are intended to conserve,protect and enhance significant riparian corridors, wetlands, and undeveloped floodplains in keeping with the goals and policies of the Comprehensive Plan. The RCWOD is further intended to protect and enhance water quality,prevent property damage during floods and storms, limit development activity in designated areas,protect native plant species, maintain and enhance fish and wildlife habitats,and conserve scenic and recreational values. B. Boundaries of the RCWOD 1. The RCWOD includes: a. Riparian corridors extending upland 50 feet from the top of the bank of the main stem of Senecal Creek and Mill Creek and those reaches of their tributaries identified as fish-bearing perennial streams on the Woodburn Wetlands Inventory Map;and b. Significant wetlands identified on the Woodburn Wetlands Inventory Map. Where significant wetlands are located fully or partially within a riparian corridor, the RCWOD shall extend 50 feet from the edge of the wetland;and c. The 100-year floodplain on properties identified as vacant or partly vacant on the 2005 Woodburn Buildable Lands Inventory. 2. The approximate boundaries of the RCWOD are shown on the Zoning Map. The precise boundaries for any particular lot should be verified by the property owner when making a land use application. Map errors may be corrected as provided in this Ordinance(Section 1.02.04). COMMENT: The properties are not recognized as having qualifying streams on-site as defined above under subsection B.l.a., and there are no "Significant Wetlands" on site as defined above under subsection B.l.b. There are only non-significant wetlands (see Local Wetlands Inventory Exhibit F-6). The eastern portion of the subject property includes a portion of the 100-year floodplain (see Exhibit F-5), and the corresponding portion of the subject property is shown as vacant in the 2005 Woodburn Buildable Lands Inventory. Thus, per subsection B.l.c. above, this 100-year floodplain portion of the site shown on the map in Exhibit F-5 is within the RCWOD. All other portions of the site are not within the boundaries of the RCWOD as defined by this code. No Zoning Map error correction is proposed. C. Permitted Uses and activities The following uses and activities are allowed,provided they are designed and constructed to minimize intrusion into the RCWOD: 1. Erosion or flood control measures that have been approved by the Oregon Department of State Lands, the U.S.Army Corps of engineers, or another state or federal regulatory agency 2. Maintenance of existing structures, lawns and gardens 3. Passive recreation uses and activities 4. Removal of non-native plant species and replacement with native plant species 5. Streets,roads, and paths included in an element of the Comprehensive Plan 6. Utilities 7. Water-related and water-dependent uses, including drainage facilities, water and sewer facilities, flood control projects,drainage pumps,public paths, access ways, trails,picnic areas or interpretive and educational displays and overlooks, including benches and outdoor furniture. varah�a Fa u�i7M iii�ca� ..._ 15 M-VF10PnrFN1c:0nnPANV 128 COMMENT: The proposed uses and activities on the site include those in 1-6 above (see Site Plans Exhibit C-8 and Utility Plans Exhibit C-9). The uses are proposed to benefit the subject property and public as they meet the purpose in subsection A. above, and are allowed by this code subsection C. The uses are planned and will be designed to minimize intrusion into the RCWOD. They will not impact wetlands in the RCWOD. D. Prohibited Uses and Activities 1. New buildings or structures or impervious surfaces, except for replacement of existing structures within the original building footprint 2. Expansion of existing buildings or structures or impervious surfaces 3. Expansion of areas of pre-existing non-native landscaping such as lawn,gardens,etc. 4. Dumping,piling,or disposal of refuse,yard debris, or other material 5. Removal of vegetation except for. a. Uses permitted by this Section b. Perimeter mowing of a wetland for fire protection purposes; c. Water-related or water-dependent uses,provided they are designed and constructed to minimize impact on the existing riparian vegetation; d. Removal of emergent in-channel vegetation that has the potential to cause flooding; e. Hazardous tree removal. 6. Grading,excavation and the placement of fill except for uses permitted by this Section. E. Variances F. Site Maintenance COMMENT: No prohibited uses or activities are proposed within the portion of the site in the RWCOD, and no variances or site maintenance are proposed to the RWCOD. G. Site Plan When a use or activity that requires the issuance of a building permit or approval of a land use application is proposed on a parcel within, or partially within the RCWOD, the property owner shall submit a site plan to scale showing the location of the top-of-bank, 100-year flood elevation, jurisdictional delineation of the wetland boundary approved by the Oregon Department of State Lands(if applicable),riparian setback, existing vegetation, existing and proposed site improvements, topography, and other relevant features. varah�a Fa u�i7M iii�ca� ..._ 16 M-VFI0PnrFNr c:0nnPANY 129 COMMENT: This land use application is proposed on a parcel that is partially within the RCWOD boundary as described in subsection B above. The Existing Conditions Exhibit C-2 shows existing trees, the top-of bank, existing site improvements, topography and other related features required by this section. Proposed improvements can be found on the Site Plan Exhibits C-8 and C-9. Sheet 1 of Exhibit C-9 shows the 100-year flood elevation. Mapped non-significant wetlands on the site shown on the Local Wetland Inventory Map Exhibit F-6 are placed in protected common open space tracts. Wetlands within the RCWOD on the City's adjacent Tax Lot 4100 (see also Exhibit L) have been delineated by the Applicants Environmental Consultant and the wetlands are shown on Exhibit C-9, which demonstrates utilities placed through the City's Tax Lot 4100 will not impact wetlands. The delineation included the subject site (see Exhibit C-9), and wetlands do not extend south into the subject site. No impacts to wetlands in the RCWOD are proposed from the permitted activities listed above on the subject site. Approval of the wetland delineation on Tax Lot 4100 will be obtained prior to construction approval of sewer utility line extension to the subject site from the City property and prior to construction of the proposed path through the City Property (identified on the City's Greenway Plan), and a Type I RCWOD Permit will be obtained from the City prior to site construction work on the City property to extend public utilities and the pathway through the RCWOD to the site as proposed. The intermittent stream, also referred to here as the drainage, which crosses flowing to the east across Property #2 of the subject site, west of the City's Tax Lot 4100, is an unnamed tributary of Mill Creek, and is called Smith Creek in this application. The drainage is shown on the exhibits to this application. It is a non-significant wetland and is shown on the Local Wetland Inventory Map Exhibit F-6, therefore it is protected by regulations of the Oregon Department of State Lands. This drainage is regulated by the City's Ordinance No. 2018 to which this application complies. The area of the drainage is protected and preserved by the Applicant in open space tracts. The open space tracts preserve a floodway for this drainage of much more than the minimum 40 feet in width as required by the ordinance. Adherence to requirements of the ordinance will be assured during review of site construction plans by the City Engineer per Section 4 b. of the ordinance. Localized floodplain analysis is provided in Exhibit V showing sufficient area in the open space tracts to accommodate flows without flooding lot foundations. No impacts to this drainage are proposed by this application. As shown on the plans development is limited in the RCWOD to those activities allowed and homes are not proposed there. The adjacent storm detention and treatment facilities planned will enhance the drainage and its ability to retain storm water on-site to help prevent flooding. varah�a Fa u�i7M iii�ca� ..._ 17 M-VF10PnrFN1c:0nnPANV 130 2.06 Accessory Structures COMMENT: These standards will be met for proposed Accessory Structures. In particular, rear yard fences built on the development property adjacent to existing dwellings' lot lines will be a maximum of seven feet as limited by this code, typically six feet cedar. Where in the PUD a lot has an interior side setback of 3' or 4' then the accessory structure may also have a 3' or 4' interior side setback. This flexibility to this development standard is requested under the provisions of Section 3.09 of the PUD code. 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. COMMENT: These standards will be met for proposed"Special Uses" that are allowed outright, including but not limited to subsections 2.07.03 and 2.07.04. varah�a Fa u�i7M iii�ca� ..._ 18 M-VF10PnrFN1c:0nnPANV 131 SECTION 3 DEVELOPMENT GUIDELINES AND STANDARDS 3.01 Streets The purpose of this Section is to provide for safe and efficient streets within the City, and to implement the Woodburn Comprehensive Plan and the Transportation System Plan (TSP). The provision of streets is guided by the goals and policies of the Comprehensive Plan, the TSP, and other sections of the Woodburn Development Ordinance. COMMENT: This purpose statement is not an approval criterion. The proposed streets on the subject property meet the purpose of this code for safety and efficiency. The Woodburn Comprehensive Plan and TSP are addressed in this application, and in the traffic study in Exhibit I. The streets required by this section are planned for construction following the standards of this code, except where modified by the requested unique section of the PUD and as modified following the requested Exception to Street Right-of-Way and Improvement Requirements. See Streets Exhibit C-11. 3.01.01 Applicability 3.01.02 General Provisions 3.01.03 Improvements Required for Development 3.01.04 Street Cross-Sections 3.01.05 Street Layout 3.01.06 Street Names 3.01.01 Applicability A. Right-of-way standards apply to all public streets. B. Improvement standards apply to all public and private streets,sidewalks and bikeways. C. Functional standards are identified in the Woodburn TSP. D. This applies to all development, and is not limited to partitions,subdivisions, multi-family, commercial or industrial construction, or establishment of a manufactured dwelling or recreational vehicle park. Construction of a single-family dwelling or placement of a manufactured dwelling does not, for the purposes of this Section, constitute development, however, in no case can this type of development occur without minimal access as determined by the Director. COMMENT: All the streets proposed on the subject property are planned as public streets, there are sidewalks and bikeway improvements, they follow the function standards of the TSP. This is a proposed development, so this section is applicable, except where these standards are modified as allowed by WDO Section 3.09.06, and except where exceptions are approved under terms of WDO Section 5.02.04, below, or other variance. 3.01.02 General Provisions A. No development shall be approved, or access permit issued, unless the internal streets, boundary streets and connecting streets are constructed to at least the minimum standards set forth in this Section, or are required to be so constructed as a condition of approval. COMMENT: The development is proposed in phases. The Applicant proposes construction of streets as a condition of approval within each phase of the subdivision upon development of the respective phase. The Applicant further requests that conditions require street construction with unique sections where proposed by the PUD per WDO Sections 3.09 and 3.09.06, and as requested under Exceptions under WDO Sections 5.02.04, below. varah�a Fa u�i7M iii�ca� ..._ 19 M-VF10PnrFN1c:0nnPANY 132 B. Private streets are prohibited, except in manufactured dwelling parks,pursuant to State statute (ORS Chapter 446 and OAR 918-600). All private streets in manufactured dwelling parks shall comply with the standards of the Woodburn Development Ordinance(WDO)and State statute. C. Materials and construction shall comply with specifications of the City of Woodburn. D. The standards of this Section may be modified,subject to approval of an Exception to Street Right- of-Way and Improvement Requirements. COMMENT: There are no private streets proposed. Materials and construction shall comply with specifications and will be addressed at time of construction plan review. Some modifications to standards are requested following approval of the Exception to Street Right- of-Way and Improvement Requirements, and as approved as part of the proposed PUD. 3.01.03 Improvements Required for Development A. With development, the Internal, Boundary, and Connecting streets shall be constructed to at least the minimum standards set forth below. B. Internal Streets Internal streets shall meet all standards of WDO and the TSP. COMMENT: All the internal streets are shown to be constructed concurrent with the respective subdivision phase to the minimum standards as required by this section, except where requested to be modified with a unique section as allowed by the PUD code and as allowed under the requested Exception to Street Right-of-Way and Improvement Requirements. See Site Plans Exhibit C-8 and Streets Exhibit C-11. C. Boundary Streets The minimum improvements for a Boundary Street shall be: 1. One paved 11-foot travel lane in each direction; 2. On-street parking on the side of the street abutting the development, if on-street parking is indicated in the TSP; 3. Curb on the side of the street abutting the development, 4. Drainage facilities on the side of the street abutting the development, 5. Street trees on the side of the street abutting the development,and 6.A sidewalk on the side of the street abutting the development. COMMENT: The unimproved Boundary Streets are Parr Road (as to Phase 1B and Phase 4A), Stubb Road and its intersection with Parr Road (as to Phase 3A), and Ben Brown Lane (as to Phase IA and Phase 2C). These boundary streets are proposed to be developed to the standards of this section concurrent to development of the respective adjacent subdivision phase, except at Stubb Road's crossing of the drainage which is proposed to be built with an Exception to Street Right-of-Way and Improvement Requirements as outlined in the corresponding section below with the request. The boundary with Ben Brown Lane will be built with Phase IA. The boundary with Stubb Road will be built with Phase 3A. The boundary with Parr Road will be built with Phase 4A and Phase 113, respectively. varah�a Fa u�i7M iii�ca� ..._ 20 M-VF10PnrFN1c:0nnPANV 133 D. Connecting Streets 1. The minimum improvements for a Connecting Street shall be one paved 11-foot travel lane in each direction. 2. Connecting streets shall extend from the boundary street of a development, to the nearest intersection that meets the cross-section and improvement requirements of this Section, or 1,000 feet, whichever is less. COMMENT: The only connecting streets per Figure 3.01A are Ben Brown Lane east of the subject property, as to Phase IA, and Parr Road east of the Stubb Road intersection, as to Phase 3A (or from proposed Kirksey intersection with Parr Road for Phase 113), and all connecting streets already have the 22 feet wide paved improvement required by this section. See Existing Conditions Exhibit C-12 and Site Plans C-8. 3.01.04 Street Cross-Sections A. These standards are based on the functional classification of each street as shown in the Woodburn TSP. The street right-of-way and improvement standards minimize the amount of pavement and right-of- way required for each street classification, consistent with the operational needs of each facility, including requirements for pedestrians, bicycles, and public facilities. COMMENT: With two exceptions, the internal streets on the subject property are all planned as local streets. Ben Brown Lane and Killian Spring Parkway will be Access Streets. All streets have rights-of-way and standards that meet the intent of this code to minimize widths consistent with operational needs. This includes the proposed unique sections for the PUD and streets as modified by the requested Exception to Street Right-of-Way and Improvement Requirements. The unique and modified sections reduce the amount of pavement and/or right-of-way while maintaining operation function. The proposed narrower improvements to Stubb Road and Ben Brown Lane where they cross the drainage, do not include less right-of-way dedication. Full required right-of-way width dedication is proposed at those locations, only the improvement is narrowed by removing on-street parking and the planter strip(s). (see Streets Exhibit C-11). varah�a Fa u�i7M iii�ca� ..._ 21 M-VF10PnrFN1c:0nnPANV 134 B. All public streets under the jurisdiction of the City of Woodburn shall comply with the cross-sections depicted in this Section. COMMENT: The proposed public streets will comply with the cross sections depicted in this Section. Half street boundary street improvements to Parr Road, a Service Collector in the TSP, will comply with Figure 3.01D, and the existing pattern of development(see Exhibit C- 11, Sheet 1, Sections 4a, 4b. & 4c and Street Key). Note that the bike lanes are optional, and the Applicant has selected no bike lanes because the existing pattern of development does not have bike lanes and because there is an off-street bike path on the south side of Parr Road meeting this transportation need, augmented by a proposed 12 feet wide sidewalk(off-street path) on the north side along the sites frontage. Likewise, half street boundary street improvements to Stubb Road and Ben Brown Lane, both Access Streets in the TSP, will comply with Figure 3.O1E, as will internal Access Street segments of Stubb Road, Harvard Drive, Ben Brown Lane, and Killian Spring Parkway (see Exhibit C-11, Sheet 1, Sections 5 & 6, and Street Key,), except where modifications are requested at crossings of the drainage that meet the intent of the street cross sections shown in this code and the intent for boundary streets described above. Travel lanes and sidewalk widths will meet minimum standards. (See Exhibit C-11, Sheet 2 and Street Key). Internal Local Streets will comply with Figure 3.01G (see Exhibit C-11, Sheet 1, Section 1 and Street Key), except where unique sections are proposed as part of the PUD or street exceptions. They include: • Use of a Local Residential Street with parking on both sides in a 50-foot-wide right- of-way complying with Figure 3.0 IH (see Exhibit C-11, Sheet 1, Section 3 and Street Key) • A unique 55-foot-wide right-of-way section with the 30 feet from centerline built as a half street to the standard Figure 3.01G section, and the remaining 25 feet from centerline built to the standard Figure 3.01H section (see Exhibit C-11, Sheet 1, Section 2a and Street Key). This approach has a singular street segment, Eaden from Parr Road to Sawtelle, where the planter strip on the 30' wide side is paved with concrete for a sidewalk from back of curb to 0.5' from edge of ROW creating a 12' wide walk with 4'x4' and 4'x8' tree wells cut out of it to facilitate a grander, more substantial walkway for the City's greenway (shortcut)through the site (see Exhibit C-11, Sheet 1, Section 2b and Street Key). See also Site Plans Exhibit C-8 varah�a Fa u�i7M iii�ca� ..._ 22 M-VFI0PnrFNr c:0nnPANV 135 1. For the cross-section illustrated in Figures 3.01G-J, the street shall have fewer than 1,000 average daily trips(ADT)per day when all future street connections are made. COMMENT: Proposed local streets will have fewer than 1,000 ADT. The only internal streets determined by the Traffic Impact Study (see Exhibit I)to have ADT that require "Access Street" classification are Ben Brown Lane and Killian Spring Parkway. These two streets are proposed with an "Access Street" cross section. 2. The cross-section illustrated in Figure 3.01H, is optional in infill situations, or where adjacent streets are similarly constructed. Street trees shall be located in a street tree easement outside the public right- of-way. COMMENT: One unique cross section in the PUD is shown in Figure 3.O1H (see Section 3, on Sheet 1 of Exhibit C-11). These streets types are proposed to be built with curb tight sidewalks to serve alley units on Sifuentez Court, as well as along Gunderson Avenue and Stoller Street. A hybrid of this section with 3.O1G will be proposed on Eaden Street, Simon Street, Sawtelle Drive and the western segment of Gunderson Avenue (see Section 2a/2b of Exhibit C-11). Street trees will be placed in the yard at the back of the PUE following home construction. As allowed by this code a street tree easement of 5' can be recorded on the plat and/or conditions can be written into the CC&Rs recorded with the plat that these lots shall care for these trees as required by City code for street trees within a planter strip within the right-of-way. C. For local residential streets which are not identified in the Comprehensive Plan,rights-of-way and improvements are determined by the Director at the time of development, based upon the existing and future estimated average daily trips of the development and surrounding development. COMMENT: All local streets on the subject property are not identified in the Comprehensive Plan or TSP. (see Exhibit G). The surrounding development is shown in the exhibits to this application and the ADT for the project are shown in the Traffic Impact Study (see Exhibit I). This section gives the Director authority to determine their rights-of-way and improvements, where not proposed to be modified by a PUD or other exception requests. The Applicant requests they are approved as proposed. varah�a Fa u�i7M iii�ca� ..._ 23 M-VF10PnrFN1c:0nnPANV 136 3.01.05 Street Layout A. Termination of Streets,Bikeways and Pedestrian Ways 1. Cul-de-sac Streets a. The maximum length of a cul-de-sac street shall be 250 feet. Cul-de-sac length shall be measured along the center line from the nearest right-of-way line of the nearest intersecting street, to the point of curvature of the cul-de-sac bulb. b. The minimum radius of a cul-de-sac bulb right-of-way shall be 55 feet. c. The minimum improved street radius of a cul-de-sac shall be 48 feet plus curb,planting strip and sidewalk. d. The Director may require bikeway and pedestrian facilities to connect from one cul-de-sac to an adjacent cul-de-sac or street, except where the cul-de-sac abuts developed property, or where the Director determines that there is no need for a connection. COMMENT: The subject property contains one proposed cul-de-sac. a) The cul-de-sacs is over 250 feet in length as measured from the intersecting right-of-way to the beginning of the cul-de-sac bulb curvature: (1) Sifuentez Court in Phase 4A. b) & c) Streets Exhibit C-11 shows the proposed cul-de-sac bulb details. The 32-foot radius design shown is for proposed Sifuentez cul-de-sac. d). Sifuentez Court cul-de-sac in Phase 4A is proposed to be connected to Parr Road with a path and with public alleys to other streets achieving pedestrian and bicycle connectivity. This application includes a request to exceed the maximum cul-de-sac length for Sifuentez Court and have alternative cul-de-sac turn-around designs for Sifuentez Court in accordance with PUD Section 3.09.06, which permits flexibility of these standards. The driveways to the alleys and parking lots at the cul-de-sac bulb allows for emergency vehicle turn-around like a hammerhead street terminus. The bulbs themselves accommodate local circulation as the curb radius will accommodate turnaround of most passenger and smaller service vehicles. The generous curb radii also allow through circulation for service vehicles in the alleys. The hammerhead configurations to accommodate emergency fire turn- around are shown on Site Plans Exhibit C-8 for the respective phases and will provide an acceptable fire turn-around as shown in Figure 3.04C in the WDO. Therefore, the intent of the code is met by the proposed cul-de-sacs, and this section is met with the flexibility allowed by the PUD. varah�a Fa u�i7M iii�ca� ..._ 24 M-VFI0PnrFNr c:0nnPANV 137 3. Continuity of Public Bikeway and Pedestrian Facilities Located Off-Street Public bikeway and pedestrian facilities, other than those incorporated in a street right-of-way,shall either. a. Provide for a continuous system, with each segment originating and terminating with a connection to a public street,or to a designated activity center,or b. Provide stubbed facilities that may extend beyond the limits of an approved development, when such a public facility has been required by the decision-maker. COMMENT: Site Plans Exhibit C-8 show continuous bike and pedestrian pathways connecting to the public streets, open spaces and the cul-de-sac bulb. The facilities may be stubbed at the boundary of each phase. As an enhanced public amenity as part of the PUD request, the Applicant offers to improve a 12 feet wide off-street path from the site across the City owned Tax Lot 4100 in the following ways and as shown on the plan Exhibits C-9 Sheet 1. 1) Concurrent with installation of the Sanitary Sewer line extension from Tax Lot 4100 to Phase I install gravel and asphalt pavement in the proposed path alignment from Settlemier Ave to the Tract O and to Tract P of Phase IA. 2) With construction of the storm ponds in Tract H of Phase 2B preserve a path alignment through them to facilitate a future path from Smith Drive south over the existing culvert in the drainage on the City property from that phase to the path at Tract P of Phase IA. 3) With construction of Smith Drive in Phase 4B connect the sidewalk in that right-of- way with gravel and an asphalt paved path to Tract O of Phase I through the area reserved in Tract H of Phase 2B and the City property as shown on the plan Exhibits C. B. Block Standards 1. Block length shall not be less than 200 feet and not more than 600 feet, except where street location is precluded by any of the following; a. Natural topography, wetlands,significant habitat areas or bodies of water, or preexisting development, b. Blocks adjacent to arterial streets, limited-access highways, collectors or railroads; c. Residential blocks in which internal public circulation provides equivalent access. varah�a Fa u�i7M iii�ca� ..._ 25 M-VF10PnrFN1c:0nnPANV 138 COMMENT: Many block lengths in Smith Creek exceed 600 feet which are allowed due to the following above permitted exceptions: a)Natural features like the drainage crossing the site, and pre-existing development on the north, NW, NE, south, and SE boundary where street stubs from areas of existing development do not exist to accommodate shorter block lengths, b)Block sizes on the south are adjacent to Parr Road, a limited access collector street, and c) The block with the future Mixed-Use PUD site with conceptualized multi-family use, commercial use, and other permitted special uses like a vehicle storage use, will have internal circulation (just like the manufactured home community to the east), and several large blocks will have public alleys and/or common area tracts with walkways bisecting blocks, all of which provides equivalent access within the community. Preclude may be defined as "prevent from happening" or"make impossible," however in site development with enough money many things can happen and are possible. So, it is necessary to determine what reasonably precludes development. It is necessary to determine what items create such a high cost that it is not reasonable to require this standard to be met in face of those costs. In which case, meeting the standard would be precluded by the items. An existing house on a lot in an adjacent subdivision may preclude a street extension at the standard interval, for example. Theoretically, an applicant could buy the house in order to demolish it, dedicate the lot as public right-of-way, and pave a street over it to meet the standard. So, one could assert that the house does not theoretically preclude the street placement there. However, this would not be a reasonable expectation of an Applicant, as the burden to buy every house in the way of street extensions at the standard spacing in order to get a land use approval would be unreasonable. Thus, the mere presence of the existing development, as stated in this code, can be reasonably interpreted to "preclude" the street extension at the required interval, and the Applicant should seek to place the street at the next reasonable location. The same can be said of a wetland, habitat area, or body of water. Bridges cross large rivers, so these items theoretically don't preclude a street, however at the scale of a residential development a wetland or floodplain can preclude extension of a local street across it, as stated in B.l.a above in this code section. This is exactly what happened on the adjacent Smith's Addition subdivision to the east of the subject site. North/south streets McLaughlin Drive, Workman Drive, and Smith Drive terminate at the east/west segment of Smith Drive north of the drainage and wetlands. These streets were not stubbed south for future extension because street extension south is precluded by the waterbody, floodplain, and wetlands that create habitat along the site's southern boundary. The same is true about street extensions south of Smith Drive or Killian Spring Parkway and Gunderson Ave in this project. varah�a Fa u�i7M iii�ca� ..._ 26 M-VF10PnrFN1c:0nnPANV 139 The Applicant has applied these concepts to site design. Simon, Halter, Thomas, Mattson, Bishopwick, Cornwell, Eaden, and Sifuentez are all local streets that are not extended across the drainage because this waterbody, the floodplain, wetland, and habitat area preclude their extension. The three pathways proposed across the drainage also create equivalent public access. The Applicant does propose a crossing of the drainage at Ben Brown Lane. Many factors make this crossing reasonable, so the costs don't preclude its location. The Access Street alignment in this area is shown on the Transportation System Plan, thus it is necessary for the overall function of the greater transportation network of the City. The Applicant proposes it at a location that is as short as possible and with an alternative improvement width, or section, to make the cost burden as reasonable as possible. The location and narrower width of the proposed improvement is also of a size to minimize the impact of the improvement on the habitat in the water body it crosses. The Applicant believes this approach to street locations and resulting block lengths meets the intent of this code and is supported by the flexibility allowed under the PUD Sections 3.09 and 3.09.06. Approval will allow flexibility to this code standard to allow block lengths as shown on the plan exhibits. An existing block bound by Ben Brown Lane on the south, Settlemier Ave on the east and Smith Drive on the north adjacent to and east of Phase IA, Phase 2C, Phase 2B and Phase 4B has block lengths that exceed these standards. The preexisting development on the north side of the drainage along Smith Drive and the drainage itself preclude any new connections there, as discussed above. The natural features that created this development pattern of a large block extend into the site and affect the phases listed above. The Applicant proposes to close this large block loop with an extension of Smith Drive and Ben Brown Lane to the west, and a north/south connection of the two streets with the new proposed Killian Spring Parkway. This will include one crossing of the drainage by Ben Brown Lane. This crossing is proposed, and achieved, with a 40 feet long span. It is not simply precluded by the presence of the drainage, as discussed above, because this Access Street is required on the Transportation System Plan. Additional local street crossings of this drainage in this area to make the blocks smaller, simply to meet this code section, are not proposed because, in part, the Applicant's Traffic Consultant concluded that additional local street crossings are not needed to facilitate adequate vehicle circulation in the area. Also, most of this area is property owned by the City, and referred to here as Tax Lot 4100. Stubbing either Mattson Way north to the City property, or Cornwell Street south to the City property in this development is not advisable or warranted. The City is highly unlikely to fund a local street crossing to connect those two street stubs across its property with capital improvement, SDC, or other funds in the future as the value or benefits of the increase in automobile circulation following such a connection does not outweigh the cost or negative impacts of wetland disturbance or floodplain fill that would be required to achieve around a one hundred feet long street crossing in this area. This code allows such connections to be precluded under applicable subsections a. and c. varah�a Fa u�i7M iii�ca� ..._ 27 M-VFI0PnrFNr c:0nnPANV 140 No road crossing is proposed between proposed Ostrom Drive and Killian Spring or Smith Drive on the subject site west of the City's tax lot either because of the excessive width of the flood plain, presence of the drainage and the waterbody identified as an intermittent stream and wetland on the Local Wetland Inventory map, all of which would be unnecessarily impacted. Equivalent public circulation is achieved with the surrounding streets and the proposed internal pathways. These improvements proposed to be installed by the Applicant include: 1) In Phase IA a pathway from Ben Brown Lane at Kirksey St to Thomas Way at Ostrom Drive and continuing along the north side of Ostrom Drive. 2) In Phase I a pathway from Ostrom Drive around the lots to the east through City Tax Lot 4100 to Tract P of Phase IA. 3) With Phase I a pathway across City Tax's Lot 4100 from Tract P of Phase I to the sidewalk at Settlemier Ave. 4) In the Phase 2B a pathway from Killian Spring Parkway to Smith Drive on the south side around the lots served by McCullum Lane alley. 5) With construction of Phase 4B a pathway from Smith Drive through Tract H of Phase 2B and over the existing culvert on the City's Tax Lot 4100 to Tract P of Phase IA. The drainage also precludes other local street connections meeting this block length standard, for reasons stated above, between proposed Killian Spring Parkway and Gunderson Avenue on the north side of the drainage and Sawtelle Drive and Kirksey Street on the south side of the drainage in the area from Ben Brown Lane's crossing to the exiting crossing at Stubb Road. Equivalent public circulation is achieved along this length of the drainage through the surrounding streets and mid-block pathways, including: 1) From Kirksey Street in Phase 1B to the Phase 2A a pedestrian path and bridge spanning the drainage that aligns with the path to Martha Meadows at Livesay Lane and Killian Spring Parkway. (To be built in Phase 2A) 2) In Phase 4A a pathway between Kirksey St around the northerly lots to Stubb Road at Sawtelle Drive. 3) Pathways between the proposed lots connecting Sawtelle Drive to the pathway along the drainage behind the northerly lots. 4) From Phase 4A to Phase 3A a pedestrian bridge spanning the drainage that aligns with the path between the lots extending from Sawtelle Drive at Eaden Street to connect to Gunderson Avenue. (To be built in Phase 4A) varah�a Fa u�i7M iii�ca� ..._ 28 M-VF10PnrFN1c:0nnPANV 141 2.In any block that is longer than 600 feet, as measured from the right-of-way line of the street to the right-of-way line of the adjacent street, a bikeway/pedestrian facility shall be required through and near the middle of the block. COMMENT: All blocks that are longer than 600 feet include a mid-block facility as required by this section, except where precluded by pre-existing development. PUD Section 3.09 and 3.09.06 allow for flexibility of these standards. The Applicant request approval of the pathways at the intervals shown in the PUD Area and outside the PUD area. 3. On any block longer than 1,200 feet,pathways may be required through the block at 600 foot intervals. COMMENT: There are no proposed new internal blocks longer than 1,200 feet which require mid-block pathways within the subdivision. There are adjacent residential blocks longer than 1200 feet that do not have a pathway stubbed to the site, so no pathway can be placed along these block faces at the required intervals due to the pre-existing development pattern. The Applicant has proposed pathways at the only locations pathways are possible through existing blocks greater than 1200 feet. They are at: 1. Tract D on the north boundary of Phase IA. This will allow for a pathway connectivity through the large block created between the Montebello and Woodburn Senior Estate subdivisions as shown on the Parks Master Plan Greenway Trail Locations map (see Exhibit G). 2. Tract F on the north boundary of Phase IA. This will allow for a pathway through the existing large block that is the southern boundary of the Woodburn Senior Estates Subdivision. There is a lot located north of Tract F within the Woodburn Senior Estates Subdivision created from a previously vacated right-of-way. The vacation document states that the public retains use of that lot for anything except a street. This means the City can manage its utilities through that lot as planned, and could place a pathway across that lot, if desired, as a pathway is not a street. Although the Applicant is not proposing to place a pathway across the lot that was formerly public street right-of-way, the Applicant is stubbing a pathway there in Tract F to facilitate future pathway connection there, if the City or the homeowners association that owns and manages the lot decides to make the connection from Santiam Drive to Smith Drive via Tract F with a new pathway in the future. 3. Tract P in Phase IA (& Tract H in Phase 2B) east to Settlemier Ave through the City Tax Lot 4100 as shown on the Transportation System Plan. Within the PUD Area, Sawtelle Drive's north side represents a long block, and this block has pathways at regular intervals. PUD Section 3.09 and 3.09.06 allow for flexibility of these standards. The Applicant requests approval of the pathways at the intervals shown in the PUD Area and outside it. varah�a Fa u�i7M iii�ca� ..._ 29 M-VF10PnrFN1c:0nnPANV 142 4.In a proposed development, or where redevelopment potential exists and a street connection is not proposed, one or more bikeway and pedestrian facilities may be required to connect a cul-de-sac to public streets, to other pathways, or to the project boundary to allow for future connections. COMMENT: One cul-de-sac exist, at Sifuentez, where a pathway facility is shown to connect it to the nearest public street, Parr Rd. No redevelopment potential exists within or adjacent to the property where a street connection is not proposed or made. C. Street Access Developments comprised of 25 or more dwelling units, including existing units,shall have at least two means of public street access from a cul-de-sac, dead-end street,or other street. Those two or more means of public access must be two non-overlapping public street routes to a major arterial identified in the TSP. COMMENT: The proposed Smith Creek development is comprised of more than 25 dwelling units and is proposed to have at least two means of public street access from cul-de-sac, dead-end, and other streets. Those non-overlapping public street routes include: 1) Harvard drive north to Evergreen Road, a minor arterial, and onward north to Hwy 214, a major arterial, 2) Ben Brown Lane east to Settlemier Avenue, a minor arterial, and north from there to Oregon Hwy 214, a major arterial 3) Parr Road east to Front St, a minor arterial, then north and then east on Young St, also a minor arterial, to Oregon Hwy 99E, a major arterial, Other routes also exist. Routes 1 and 2 above will be made with Phase IA meeting this code requirement. Major arterials listed are shown on Figure 7-1 of the TSP (see Exhibit G-1). 3.01.06 Street Names A. All public streets and private manufactured dwelling park streets shall be named,after providing the Woodburn Fire District with an opportunity to review and comment. COMMENT: The final public street names will be submitted to the Fire Department for final approval. The names shown on the preliminary plans are the ones planned to be used. B. Public and private manufactured dwelling park streets shall be named as follows: 1. The street name shall not duplicate an existing street name, unless there is reasonable assurance the named streets will be connected in the future. 2. New streets shall be designated with the same names as existing streets only if they fall in the same grid line and there are reasonable assurances that the street will connect with another section of the numbered street. 3. Street names shall not sound like another street name or cause confusion. 4. Street names that are deliberately misspelled, frivolous, or reflect the name of the developer or family members shall not be allowed. .r 1 I. ill kI IeN,J,L' varah�a Fa u�i7M iii�ca� ..._ 30 M-VFI0PnrFNr c:0nnPANV 143 COMMENT: Proposed street names do not duplicate other street names in the City, and will be changed prior to final plat if a duplication is found, or one is found to be similar sounding to other streets, or may be confusing. Streets stubbed to the site for extension through the site will have the same name. Harvard Drive is proposed to retain its name north of Ben Brown Lane and Stubb Road is proposed to retain its name from Parr Road to Ben Brown Lane. Ben Brown Lane is also proposed to retain its name from Settlemier Ave. to Stubb Road. Streets are not purposely misspelled or named after the developer or developer's family members. C. Streets shall be further named with a suffix. 1. Except as indicated in the Woodburn Transportation System Plan, the following suffixes designations apply to new streets,as follows: a. North/South streets shall be designated as a "Street", with the exception that major streets classified as an arterial in the Woodburn TSP may be designated as a "Road"or a "Highway". b. East/West streets shall be designated as an "Avenue", with the exception that major streets classified as an arterial in the Woodburn TSP may be designated as a "Road"or"Highway". c.A skewed or meandering street shall be named a"Drive". d.A street less than 1,000 feet in length may be designated as a "Place,""Way,"or"Lane". e.A cul-de-sac street with no cross-street shall be designated as a "Court". f.A continuous loop street that has two intersections with the same street shall be segmented, in reference to its orientation to the overall North/South, East/West street grid,so that the each segment of the loop has a unique name. g.A street that runs in a circle with only one entrance%xit shall be designated as a "Circle". h.A street with a continuously landscaped median shall be designated as a "Boulevard". COMMENT: Existing streets and their extensions retain the existing suffixes. So, Ben Brown Lane will not change. This section applies to new streets. The proposed new streets comply with the above suffix naming standards. Killian Spring runs north/south and east/west, and is requested to be called a"Parkway," instead of a"Drive." The cul-de-sac street with no cross street, namely Sifuentez, is called a"Court." Thomas, Mattson, and Bishopick are less than 1,000 feet in length and are named with the suffix "Way." All alleys are named with the suffix "Lane" for consistency. varah�a Fa u�i7M iii�ca� ..._ 31 M-VFI0PnrFNr c:0nnPANV 144 3.02.02 Creeks and Watercourse Maintenance Easements A. Public improvement and maintenance easements shall be dedicated along all creeks and other water courses. On streams and waterways where development is regulated, based on Federal Emergency Management Administration(FEMA)flood hazard delineation, the minimum width shall be adequate to accommodate the 100-year floodway. COMMENT: Public improvement and maintenance easements shall be granted along the drainage through the site on the final plat at widths to accommodate the 100-year floodway. There is no existing floodway mapped on the site, only a floodplain on the east end of the subject property (see Exhibit F-5). The width of the easements and tracts on the final plat will accommodate a floodway over the existing open drainage of a minimum of 40 feet in width per Ordinance No. 2018 to accommodate a 100-year event. The area will be retained in common area tracts and an easement will be provided to the City. (Note, floodplain may be wider and is addressed in Exhibit V and shown on Sheet 1 of Exhibit C-9.) B. On other open channel water courses,such easements shall, at a minimum, extend from the top of one bank to the top of the other bank. These easements shall include an additional 20 feet in width at the top of the bank along the entire length, on one side of the open channel. COMMENT: Public improvement and maintenance easements shall be granted along the length of the open channel water course which crosses the subject property from top of bank to top of bank and on one side for an additional 20 feet as required by this section, at a minimum. The side will be determined at time of construction permits based on which side provides the best public access and will be shown on the final plat, most likely the south side. The plans show this area with common area open space tracts, so the easements will be in the area of the tracts. C. On all piped systems, the easement shall be a minimum of sixteen feet in width. Wider easements may be required by the Director, when needed to accommodate the installation of, or access to, larger and/or deeper pipes. COMMENT: No new piped water course systems are proposed, so this section is not applicable. Any public storm system pipes to or through common area tracts will include the required easements. 3.02.04 Underground Utilities All permanent utility service to and within a development shall be underground,except where overhead high-voltage(35,000 volts or more)electric facilities exist. COMMENT: The Applicant's plans will conform to this requirement upon site construction plan approval on a phase by phase basis. varah�a Fa u�i7M iii�ca� ..._ 32 M-VFI0PnrFNr c:0nnPANV 145 3.03 Setbacks and Open Space The purpose of this Section is to identify the requirements for setbacks, open space and vision clearance requirements. Setbacks and open space provide for adequate air movement,solar access, visibility, aesthetics, emergency access, fire separation,recreation, and vision clearance. 3.03.01 Setbacks 3.03.02 Special Setbacks 3.03.03 Projections into the Setback Abutting a Street 3.03.04 Projections into the Side Setback 3.03.05 Projections into the Rear Setback 3.03.06 Vision Clearance Area 3.03.01 Setbacks A. Setbacks 1. No required setback provided for any building or structure shall be considered as providing a setback for any other building. 2. No required setback for any building or structure shall be considered as providing lot coverage for another building, except for a common area not required to be located within a lot, when owned by a homeowner's association in a Planned Unit Development(PUD). B. Setbacks shall be open and unobstructed by buildings or structures from the ground to the sky, except as may otherwise be permitted in this Section and in Accessory Structures(Section 2.06). C. No portion of a lot necessary to meet the standards for lot area, width,frontage,setbacks, lot coverage,open space, or other requirement of this Ordinance shall have more than one owner, except through a zoning adjustment, or variance. COMMENT: The Applicant recognizes the limitations listed in this section. Eaves and other permitted projections into setbacks do not represent an obstruction or lack of openness from ground to sky, and are otherwise permitted both in the PUD Area and other portions of the development. 3.03.02 Special Setbacks A. Special Setbacks are necessary when the existing street right-of-way is less than the designated right-of-way in the Woodburn Transportation System Plan. Special Setbacks ensure that development will conform with setback and vision clearance requirements, after a full right-of-way has been acquired. B. Special setback distances shall be measured at right angles to the center line of street rights-of- way. C. Where dedicated rights-of-way are less than the Special Setback, the setback abutting a street shall be measured from the Special Setback. All regulations applicable to setbacks abutting streets and vision clearance areas shall apply to the area between the lot line and the Special Setback. Fences and walls are allowed up to the property line. COMMENT: All street rights-of-way meet the designated right-of-way in the Woodburn TSP, therefore no Special Setbacks are necessary, nor do they exist on the subject site. 33 M-VFI0PMFNIC0MPANY 146 3.03.03 Proiections into the Setback Abutting a Street A. Chimneys, flues, bay windows,steps, eaves,gutters,sills,pilasters, lintels, cornices,planter boxes and other ornamental features may not project more than 24 inches into the setback abutting a street. B. Covered, unenclosed porches, extending not more than 10 feet beyond the front walls of the building, shall maintain at least a 10 foot setback from the property line or Special Setback. C. A balcony, outside stairway or other unenclosed, unroofed projection may not project more than 10 feet into a front setback. D. Arbors, archways,pergolas and trellises shall be exempt from the setback abutting a street. E. Uncovered decks, not more than 18 inches above final grade,shall maintain at least a three foot setback from the property line or Special Setback. COMMENTS: All the provisions of this section will be met by the proposed development. Subsection B. above states the porch projection shall maintain a setback minimum of 10 feet. Table 2.02C states the maximum is 10 feet. When viewed in tandem, the practical application of these two standards is that the porch must be exactly 10 feet. The applicant believes that this was likely not the intent of the code. For this reason, the applicant requests flexibility under the PUD provisions of Section 3.09.06 to increase the porch setback beyond the 10 feet maximum to 11 or 12 feet, for example, when desired, and requests a variance (or Director's interpretation recognizing the scrivener's error), as discussed in this narrative, such that 10 feet is not the maximum. 3.03.04 Projections into the Side Setback A. Chimneys, flues, bay windows,steps, eaves,gutters,sills,pilasters, lintels, cornices,planter boxes and other ornamental features may not project more than 18 inches into a side setback. B. Fire escapes, when not prohibited by any other code or ordinance, may not project into a side setback farther than one-third of the width of the setback,or less than three feet. C. Uncovered decks,not more than 18 inches above final grade,shall maintain at least a three foot setback from the property line or Special Setback. COMMENTS: All the provisions of this section will be met by the proposed development. 34 M-VFI0PMFNIC0MPANV 147 3.03.05 Proiections into the Rear Setback A. Chimneys, flues, bay windows,steps, eaves,gutters,sills,pilasters, lintels, cornices,planter boxes and other ornamental features may project not more than 24 inches into the rear setback. B. A balcony, outside stairway or other unenclosed, unroofed projection may not project more than 10 feet into a rear setback.In no case shall such a projection come closer than 6 feet from any lot line or Special Setback. C. Covered, unenclosed porches, extending not more than 10 feet beyond the rear walls of the building, shall maintain at least a 10 foot setback from the property line or Special Setback. D. Uncovered decks not more than 18 inches above final grade shall maintain at least a three foot setback from the property line or Special Setback. E. No permitted projection into a rear setback shall extend within ten feet of the centerline of an alley, or of a rear lot line if no alley exists, or within six feet of an accessory structure. F. Accessory structures are not considered projections into a rear setback, but have separate setback requirements listed in this Ordinance(Section 2.06). COMMENTS: All the provisions of this section will be met by the proposed development. 3.03.06 Vision Clearance Area A. A vision clearance area(Figures 3.03A and 8) is an area at the intersection of two streets, a street and a driveway, or a street and an alley, in which visual obstructions are limited for safety purposes. COMMENTS: The Applicant recognizes the locations where vision clearance areas exist. B. The vision clearance area is formed by a combination of the following lines: 1.At the intersection of two public streets:a line extending 30 feet from the two lot lines adjacent to a street, and a third line drawn across the corner of the lot that connects the ends of the lines. COMMENTS: The Applicant proposes use of the flexibility allowed in PUD Section 3.09.06 to modify the provisions of this code subsection for the proposed planned unit development area of the site. This PUD code allows for flexibility in the development standards listed in this Section 3.03.06 for vision clearance area. The Applicant requests vision clearance area at the intersection of two public streets be formed by two lines extended 30 feet from the intersection of the two curb lines extended and a third line that connects the ends of the two lines along the curb face by crossing the planter strip and sidewalk area of the right-of-way, which in some cases will clip the corner of the lot creating a vision clearance triangle. Where this occurs, an easement will be placed on those lots on the plat. 35 M-VFI0PMFNIC0MPANV 148 This flexibility is requested because the vision clearance area as written in this subsection of the code obstructs the building footprint and front lot access on lots proposed in the PUD and Small lots allowed in the Nodal District. The modification this PUD approach would create is modeled after the vision clearance triangle found in the City of Canby's development code and is safe: "16.04.670 Vision clearance area. Vision clearance area means the triangle area at the intersection of two streets,a driveway and a street,or a street and a railroad,two sides of which are measured from the corner intersection of the existing or proposed curb lines to a distance specified in this title. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the curb lines at intersections have rounded corners,the curb lines will be extended in a straight line to their points of intersection.No plantings, structures,or temporary or permanent obstructions shall be located within a vision clearance area,extending from two and one-half to ten feet above the curb or street elevation. Except,however,that one tree trunk not greater than eighteen inches in diameter shall be permitted within a vision clearance area. (Ord. 830 section 3, 1989;Ord.740 section 10.1.20(B) [part], 1984)" (CITY OF CANBY December 2010 Chapter 16.04 -Page 20&22) The vision clearance area standards of this subsection are proposed to continue to apply to the Standard lots outside the PUD area. 2.At the intersection of a public street and a private street:a line extending 30 feet from the lot line adjacent to the public street,a line extending 30 feet from the outside edge of the pavement on private street, and a third line drawn across the corner of the lot that connects the ends of the lines. COMMENTS: There are no private streets proposed within the development. This section is not applicable. 3. Within the DDC zone(Figure 3.038):a line extending 20 feet from the two curb lines, and a third line drawn across the corner of the lot that connects the ends of the lines. COMMENTS: The subject property is not within the DDC zone, therefore this section is not applicable. However, the vision clearance triangle proposed above for other streets under the flexibility of the PUD is like this vision clearance triangle in the DDC zone, only 10 feet longer on each leg of the triangle. varah�a Fa u�i7M iii�ca� ..._ 36 M-VF10PnrFN1c:0nnPANV 149 4.At the intersection of a public street and an alley:a line extending ten feet from the intersection along the back of curb,a line extending ten feet from the property line along the alley and a line drawn across the corner of the lot that connects the ends of the lines. 5.At the intersection of a public street and a driveway.a line extending ten feet from the intersection along the back of curb, a line extending ten feet along the side of the driveway, and a third line drawn across the corner of the lot that connects the ends of the lines. 6.At the intersection of a private street and a driveway:a line extending ten feet from the outside edge of pavement on the private street, a line extending ten feet along the side of the driveway, and a third line drawn across the corner of the lot that connects the ends of the lines. COMMENTS: The proposed development will conform to the vision clearance area formed as described in these subsections B.4, B.5, and B.6 of the code. 7.If a street is subject to a Special Setback, the Special Setback shall be used to define the vision clearance area. COMMENTS: The proposed development has no special setbacks; therefore, this section is not applicable. C. Vision clearance area shall contain no plants, fences, walls,structures,signs,parking spaces, loading spaces, temporary or permanent obstructions exceeding 42 inches in height(measured from the top of the curb or, where no curb exists,from the street centerline), except: 1. Trees,provided branches and foliage are removed to a height of 7 feet above grade; 2. Utility poles; 3. Utility boxes less than ten inches at the widest dimension;and 4. Traffic control signs and devices. COMMENTS: The Applicant recognizes these restrictions and exceptions. varah�a Fa u�i7M iii�ca� ..._ 37 M-VFI0PnrFNr c:0nnPANY 150 3.04 Vehicular Access The purpose of this Section is to establish procedures and standards for granting vehicular access to public streets. Pedestrian access to public streets and between buildings is required and specified by the Woodburn Development Code(WDO). 3.04.01 Applicability and Permit 3.04.02 Drive-Throughs 3.04.03 Driveway Guidelines and Standards 3.04.04 Improvement Standards 3.04.05 Traffic Impact Analysis 3.04.01 Applicability and Permit A. Street Access Every lot shall have: 1. Direct access to an abutting public street, or 2. Access to a public street by means of an access easement and maintenance agreement to the satisfaction of the Director,and revocable only with the concurrence of the Director. B. Access to City Streets A City access permit shall be required for any new or modified vehicular access to a street that is under City jurisdiction. C. Access to County Roads Access to a road under the jurisdiction of Marion County shall be subject to County requirements. The Director may incorporate County requirements into the conditions of approval for any application. D. Access to State Highways Access to a transportation facility under the jurisdiction of the Oregon Department of Transportation (ODOT)shall be subject to State requirements. The Director may incorporate ODOT requirements into the conditions of approval for any application. COMMENTS: The Applicant hereby request approval for Street Access from the proposed driveways and new lots to the public streets and alleys as shown on the Site Plan Exhibit C-8, and as required per subsection B. & C. above. This includes access for lots and tracts to proposed public alleys, using the flexibility allowed to this standard under PUD section 3.09.06. No access to new lots is proposed from a County Road. No access to an ODOT facility is proposed. The Applicant also requests approval of Access to City Streets and County Roads for the new intersections of new proposed City streets as shown on the plans in Exhibit C. 3.04.02 Drive-Throughs COMMENTS: This section is not applicable as no drive-throughs are proposed. varah�a Fa u�i7M iii�ca� ..._ 38 M-VF10PnrFN1c:0nnPANV 151 3.04.03 Driveway Guidelines and Standards A. Number of Driveways 1. For residential uses, the maximum number of driveways per lot frontage shall be one. For purposes of controlling driveway access, every 100 feet of frontage is considered a separate lot frontage. 2. A minimum of two driveways shall be provided in developments with: a. 30 dwelling units in single-family or duplex dwellings;or b. 100 dwelling units in multiple-family dwellings(200 if all dwelling units are equipped with automatic fire sprinklers);or C. 100 living units in group care facilities or nursing homes(200 if all living units are equipped with automatic fire sprinklers). 3. For nonresidential uses, the number of driveways should be minimized based on overall site design, including consideration of.• a. The function classification of abutting streets; b. The on-site access pattern,including parking and circulation,joint access, turnarounds and building orientation; C. The access needs of the use in terms of volume, intensity and duration characteristics of trip generation. 4. Unused driveways shall be closed. B. Joint Access 1. Lots that access a Major Arterial, Minor Arterial, or Service Collector should be accessed via a shared driveway. 2. A partition,subdivision, or PUD should be configured so that lots abutting a Major Arterial, Minor Arterial, or Service Collector have access to a local street. Access to lots with multiple street frontages should be from the street with the lowest functional classification. 3. Everyjoint driveway or access between separate lots shall be established by an access easement and maintenance agreement to the satisfaction of the Director and revocable only with the concurrence of the Director. C. Interconnected Parking Facilities 1. All uses on a lot shall have common or interconnected off-street parking and circulation facilities. 2. Similar or compatible uses on abutting lots shall have interconnected access and parking facilities. COMMENTS: Residential lots on the subject property will have one driveway. Those lots have less than 100 feet of frontage. There will be more than one driveway per 100 feet of lot frontage (described in subsection A.1. of this section), so driveway access control described in this code shall not limit the proposed driveway frequency. This includes lots in the PUD and lots outside the PUD area. The multi-family lot will have two driveways, per this code, if more than 100 units as planned. One will be generally located across from Sawtelle on Kirksey Street. The other will be from Kirksey street mid-block. No lot access is proposed to any Arterial or Service Collector. Lots abutting a Service Collector have access to the lower classification street (multi-family lot). varah�a Fa u�i7M iii�ca� ..._ 39 M-VF10PnrFN1c:0nnPANV 152 Corner Clearance, for Access and Local streets, listed in Table 3.04A below is also requested to be modified using this PUD flexibility to allow the Corner Clearance or driveway spacing from the lot corners extended in the PUD to be 15 feet. It is also the Applicant's intent here to confirm, as shown in Table 3.04A, that there is no minimum driveway spacing for Access and Local Streets, and therefore, as shown on Site Plan Exhibit C-8 where small lots have paired driveways the minimum curb flare radius on driveways on the paired driveway side is no greater than necessary to accommodate two 3 feet wings where a planter strip exists between the sidewalk and curb, a modification of the standard in Table 3.04A. Finally, the Acceptable Turnarounds (60' "Y," 120' hammerhead, and Alternative to 120' hammerhead) shown in Figure 3.04C are the types of turnarounds proposed for the cul-de-sac in the PUD in Phase 4A. It is placed in conjunction with two driveways to the public alleys from the cul-de-sac serving as the legs of the hammerhead along with the street/cul-de-sac itself. The turn-arounds are also used at the end of any temporarily stubbed street at a phase line boundary, where the street will be extended in a later phase of development and when the stubbed street is longer than 150 feet requiring a temporary turnaround. In some of these cases a driveway over an open space tract or a nearby alley serves as one leg of the temporary alternative hammerhead turnaround (see Exhibit C-8) for the various hammerhead locations. 3.04.04 Improvement Standards The portion of a driveway on private property shall be paved with: A. Portland cement concrete to a minimum depth of six inches, or B. Asphalt concrete to a minimum depth of two inches, or C. Brick or pavers with a minimum depth of two and one-fourth inches. COMMENTS: Private driveways in the proposed development will meet this standard. 3.04.05 Traffic Impact Analysis A. A Traffic Impact Analysis(TIA) maybe required by the Director prior to the approval of a City access permit when the Director estimates a development proposal may generate either 100 or more additional, peak hour trips, or 1,000 or more additional daily trips, within ten years of a development application. B. A TIA shall evaluate the traffic impacts projected of a development proposal and the estimated effectiveness of potential traffic impact mitigation measures. C. The methodology for a TIA shall be consistent with City standards. COMMENTS: A Traffic Impact Analysis ("TIA")was prepared for this application by the Applicant's consultant following the requirements of this section and in close consultation with the City and the City standards (see Exhibit I). The Applicant proposes to re-stripe the north leg of Evergreen Road at its intersection with Hayes Street to accommodate a left turn lane for southbound traffic approaching the intersection as an off-site mitigation measure proposed in the traffic report. varah�a Fa u�i7M iii�ca� ..._ 40 M-VF10PnrFN1c:0nnPANV 153 3.05 Off-Street Parking and Loading The purpose of this Section is to identify the requirements for off-street parking and loading facilities. Well-designed parking facilities improve vehicular and pedestrian safety,promote economic activity, and enhance the driving public's experience. With appropriate landscaping and storm water design, parking areas can also mitigate the environmental impacts of development. 3.05.01 Applicability 3.05.02 General Provisions 3.05.03 Off-Street Parking 3.05.04 Off-Street Loading 3.05.05 Shared Parking 3.05.01 Applicability The provisions of this Section shall apply to the following types of development: A. All requirements and standards of Section 3.05 shall apply to any new building or structure constructed after the effective date of the Woodburn Development Ordinance(WDO). B. Any additional parking or loading required to accommodate a change in use, or expansion of an existing use,shall conform to all parking, loading and landscaping standards of the WDO. COMMENTS: New buildings and structures are proposed with this application so this Section 3.05 is applicable, except where modified by the PUD. 3.05.02 General Provisions A. All required parking and loading spaces shall be retained and maintained in accordance with the standards of the WDO. B. The land for off-street parking and loading areas shall either be: 1. Owned in fee title by the owner of the structure or site being served by the parking area, or 2. Subject to legal documentation to the satisfaction of the Director, establishing permanent use of off-street parking that is under separate ownership. The parking,subject to such a parking agreement,shall be in compliance with all requirements and development standards of the WDO. The agreement shall be recorded with the County Recorder and filed with the Director. C. When calculations for determining the number of required off-street parking spaces results in a fractional space, any fraction of a space less than one-half shall be disregarded,and a fraction of one-half or greater shall be counted as one full space. D. Location 1. Off-street parking and loading spaces shall be provided on the same lot as the primary building or use except that. a. In RS, R1S or RM zones,parking spaces for non-residential uses permitted in the zone may be located on another site, if such site is within 250 feet of the lot containing the primary building,structure or use. b. In any zone other than RS, R1S or RM, the parking spaces may be located on another site, if such site is within 500 feet of the site containing the primary building,structure or use. 2. Off-street parking shall be located either in the same zone, in a more intensive zone or in a zone where parking is allowed as a permitted use, or subject to approval as a conditional use. 3. In residential districts, off-street parking and storage shall be prohibited within a yard abutting a street, except within a driveway leading to a garage or carport. 4. In non-residential districts, off-street parking and storage shall be prohibited within a setback adjacent to a street, except behind a wall. Vehicle parking within the public right-of-way shall not be eligible for fulfilling any required off-street parking requirement. varah�a Fa u�i7M iii�ca� ..._ 41 M-VFI0PnrFNr c:0nnPANY 154 COMMENTS: Required off-street parking for proposed single family dwellings will be located on the lot of the dwelling, as required by this code. The rate will be of a minimum two per dwelling unit(see Table 3.05A) in the garage and one or two more in front of the garage door (per subsection 3.05.03F below, and Figure 3.05A), for a total of 3-4 per dwelling unit, typically four. There is additional off-street parking proposed for the single- family dwellings that is not required by this section. This additional parking is designed as a common area amenity to serve the residents and guests. This additional parking is proposed on commonly owned private tracts, to be owned and maintained by the community's homeowners association. They will be in the general vicinity of the dwellings served, and conform to the terms of this code. Multi-family off-street parking will be shown at a future date, at the time of proposed detailed development of that lot, which is not part of this application. E. Setback 1. In commercial and industrial zones, the parking, loading,and circulation areas shall be set back from a street a minimum of five feet. 2. Parking, loading,and circulation areas shall be set back from a property line a minimum of five feet, unless there is a shared use agreement to the satisfaction of the Director, verifying shared use between the separate properties. F. All vehicle parking and loading areas shall be paved to the standards of this ordinance(Section 3.04.04),except that in the IP,IL, SWIR, and P/SP zones,storage areas used for equipment that may damage pavement may be stored on a gravel-surface storage area. A gravel storage area shall be constructed to a minimum of surfacing of.•six inches of one inch minus to three inch minus gravel. If three inch minus is used, the top two inches shall be one inch minus. The property owner shall maintain a gravel storage area to ensure continued drainage and dust control. A paved access apron to any paved access road is required,regardless of the storage area surface. G. All vehicle parking, loading, and storage areas shall be graded and provide storm drainage facilities approved by the Director. H. All parking spaces, except those for single-family and duplex dwellings,shall be constructed with bumper guards or wheel barriers that prevent vehicles from damaging structures,projecting over walkways so as to leave less than four feet of unobstructed passage, or projecting over access ways, abutting properties or rights-of-way. COMMENTS: The off-street parking spaces proposed will comply with these sections E-H where applicable. varah�a Fa u�i7M iii�ca� ..._ 42 M-VFI0PnrFNr c:0nnPANV 155 I. Maneuvering areas shall be designed in compliance with this Section (Table 3.05C). Off-street parking areas shall be designed so that no backing or maneuvering within a public right-of-way is required. These provisions do not apply to single-family dwellings or duplexes. COMMENTS: This development plan allows maneuvering in public "alley" right-of-way to and from off-street parking area spaces on private common area tracts serving single-family dwellings, in a similar manner to maneuvering from parking spaces on adjacent single-family lots. The access aisle for these spaces will be the approved width of the alley. The Applicant proposes to use the flexibility allowed under PUD section 3.09.06 to modify this provision accordingly, allowing common parking on the private tracts adjacent to public alleys as shown, less than 5 feet from the property line with the alley and with a single paint strip. No maneuvering from off-street parking in private tracts will be allowed in public "street" right- of way. The maneuvering will be in the public alley,just like the maneuvering in and out of the adjacent alley loaded garages will be in the public alley, meeting the intent of this code. See alley and adjacent parking areas in Site Plan Exhibit C-8. J. All uses required to provide 20 or more off-street parking spaces shall have directional markings or signs to control vehicle movement. K. Except for single-family and duplex dwellings, off-street parking spaces shall be delineated by double parallel lines on each side of a space. The total width of the lines shall delineate a separation of two feet. The lines shall be four inches wide(See Figure 3.05C). L. For nonresidential uses: 1. Parking and loading areas should be illuminated at an average of 0.2 horizontal foot-candle at ground level(or 0.5 horizontal foot-candle if the applicant states that personal security or vandalism is a likely or severe problem), with a maximum uniformity ratio of 20:1 (maximum to minimum) 2. Entrance areas to the building should be illuminated at an average of 0.5 horizontal foot- candle at ground level(or 1.0 horizontal foot-candle if the applicant states that personal security or vandalism is a likely or severe problem), with a maximum uniformity ratio of 15:1 (maximum to minimum). 3. Illumination shall not shine or reflect onto residentially zoned property or a public street. M. Required parking spaces shall be available for parking of operable vehicles of residents, customers,patrons and employees and shall not be used for the storage of vehicles or materials or for the parking of fleet vehicles, except for those fleet vehicles: 1. Driven by an employee to the site each work day from home, or 2. Stored during periods other than normal business hours. COMMENTS: The provisions set forth above Q-M) are applicable to the multi-family lot proposed as part of this development. However, no buildings or parking is proposed on that lot at this time. It is feasible to comply with these criteria, which will be addressed in detail at the time of any future development application on that lot. 43 M-VF10PMFN1C0MPANV 156 3.05.03 Off-Street Parking A. Number of Required Off-Street Parking Spaces 1. Off-street vehicle parking spaces shall be provided in amounts not less than those set forth in this Section(Table 3.05A). 2. Off-street vehicle parking spaces shall not exceed two times the amount required in this Section (Table 3.05A). B. Accessible parking shall be provided in amounts not less than those set forth in Table 3.058. The number of accessible spaces shall be included as part of total required vehicle parking spaces. C. A maximum of 20 percent of the required vehicle parking spaces may be satisfied by compact vehicle parking spaces. D. Off-street vehicle parking spaces and drive aisles shall not be smaller than specified in this Section (Table 3.05C). E. All uses that are required to provide 10 or more off-street parking spaces and residential structures with four or more dwelling or living units shall provide a bicycle rack within 50 feet of the main building entrance. The number of required rack spaces shall be one space per ten vehicle parking spaces, with a maximum of 20 rack spaces. COMMENTS: Table 3.05A requires 2 off-street parking spaces per single-family dwelling unit. Each lot in the proposed development meets that minimum requirement set forth in Table 3.05A F. Garages 1. For single-family and duplex dwellings, a. The parking spaces required by this section (Table 3.105A)shall be in a garage or garages. b. There shall also be an improved parking pad,abutting the garage doorway, for each opposing parking space within the garage.Each parking pad shall have the minimum dimensions of 10 feet wide by 20 feet long. COMMENTS: Except as noted below, three or four total off-street spaces will be provided on each lot, as required by this section and Figure 3.05A. Where a row house lot is proposed in the PUD, the driveway parking space in front of a garage parking space will be nine (9) feet wide, using the flexibility as allowed by PUD section 3.09.06. 2. For multi-family dwellings, one-half of the parking spaces required by this Section(Table 3.05A)shall be in a garage or garages. COMMENTS: The multi-family parking spaces will be shown to conform, as applicable, during the time of review of a future development application for that lot. 3.05.04 Off-Street Loading COMMENTS: This section is not applicable to the proposed development. 44 M-VFI0PMFNIC0MPANV 157 3.05.05 Shared Parking A. Shared parking shall be allowed through a Zoning Adjustment, Design Review, Conditional Use, or Planned Unit Development. 1. Up to 20 percent of the required vehicle parking may be satisfied by joint use of the parking area for another use with the same peak hours;or 2. Up to 40 percent of the required vehicle parking may be satisfied by joint use of the parking area for another use with alternate peak hours;and 3. An additional amount of joint use parking, of up to 10 percent of the required vehicle parking, may be satisfied when the development is located along a transit service route with stops,pullouts, or shelters. Note: This provision does not reduce the number of required off-street parking spaces, but allows a portion of the requirement to be satisfied by shared parking. The actual number of required off- street parking spaces may be reduced through a Zoning Adjustment or Variance. B. The following uses are considered as daytime uses for purposes of shared parking identified in this Section:banks,business offices,retail stores,personal service shops, household equipment or furniture shops, clothing,shoe repair or service shops,manufacturing or wholesale buildings, and other similar primarily daytime uses, as determined through the Zoning Adjustment or Design Review. C. The following uses are considered as nighttime or weekend uses for purposes of shared parking identified in this Section:auditoriums incidental to a public or private school, houses of worship, bowling alleys, dance halls, theaters, drinking and eating establishments, and other similar primarily nighttime or weekend uses, as determined through the Zoning Adjustment or Design Review. D. Shared parking may be allowed if the following standards are met. 1. Future changes of use,such as expansion of a building or establishment of hours of operation which conflict with, or affect, a shared parking agreement,shall require review and authorization of a subsequent Design Review or Modification of Conditions. 2. Legal documentation, to the satisfaction of the Director,shall be submitted verifying shared parking between the separate developments. Shared parking agreements may include provisions covering maintenance, liability, hours of use,and cross-access easements. 3. The approved legal documentation shall be recorded by the applicant at the Marion County Recorder's Office and a copy of the recorded document shall be submitted to the Director,prior to issuance of a building or other land use permit. COMMENTS: The proposed shared parking is allowed as it is proposed as part of a PUD per requirements of subsection A above. No percent of the proposed shared parking is planned to reduce required parking on a lot. Rather it is extra parking as a common area amenity for the residents and guests on private tracts to be owned and managed by the community's homeowners association. 45 M-VFI0PMFNIC0MPANY 158 3.06 Landscaping The purpose of this Section is to identify the requirements for site landscaping and street trees. Landscaping enhances the beauty of the City,provides shade and temperature moderation, mitigates some forms of air and water pollution,reduces erosion,promotes stormwater infiltration,and reduces peak storm flows. 3.06.01 Applicability 3.06.02 General Requirements 3.06.03 Landscaping Standards 3.06.04 Plant Unit Value 3.06.05 Screening 3.06.06 Architectural Walls 3.06.07 Significant Trees on Private Property 3.06.01 Applicability The provisions of this Section shall apply: A. To the site area for all new or expanded non-residential development,parking and storage areas for equipment, materials and vehicles. B. Single-family and duplex dwellings need comply only with the street tree and significant tree provisions of this Section. COMMENTS: This section is applicable to the proposed development. The provisions of this section applicable to the multi-family lot will be address at time of a future development application for that use. Per this section only the street tree and significant tree sections of these provisions are applicable to the proposed single-family dwellings and are addressed here while the other sections are omitted for brevity. 3.06.03 Landscaping Standards A. Street Trees Within the public street right-of-way abutting a development,street trees shall be planted to City standards,prior to final occupancy. 1. One tree per every entire 50 feet of street frontage shall be planted within the right-of-way,subject to vision clearance area standards and placement of public utilities. 2. Street trees shall be planted according to the property's zoning, and the abutting street's classification in the Transportation System Plan: a. Large trees shall be planted along Major and Minor Arterial streets. Large trees shall also be planted along all streets in the Neighborhood Conservation Overlay District(NCOD),regardless of street classification; b. Medium trees shall be planted along Service Collector and Access/Commercial Streets; c. Small trees shall be planted along all other streets. 3. The Director may modify this requirement, based on physical constraints and existing conditions, including the location of driveways and utilities. Such modification may include relocating the street trees to abutting private property. varah�a Fa u�i7M iii�ca� ..._ 46 M-VFI0PnrFNr c:0nnPANY 159 COMMENTS: Street trees will be planted by the home builder prior to issuance of an occupancy permit for a dwelling adjacent to a required street tree, meeting the requirements of subsection A. above, at the required frequency ratio considering restricted areas as listed above. The subject property will have improvements along Service Collectors and Access Streets where medium trees will be the planted tree type. Small trees will be planted along all other local streets. Where streets with no planter strip are proposed, street trees will be in a street tree easement on the adjacent lot. Where the adjacent lot is a tract, the Applicant proposes that the street trees shall be planted by the developer prior to issuance of an occupancy permit for the first dwelling in that phase of development. B. Site landscaping shall comply with Table 3.06A. COMMENT: This table requires specific landscaping for parking lots and common areas. The standards of this section are proposed to be modified using the flexibility allowed by the PUD section 3.09.06. The landscape plan prepared for site construction will show trees, shrubs or grass around non-paved portions of the tracts and around the shared common parking areas, where appropriate. Common area open space will be landscaped with grass and street trees shown where adj acent to a public street and when not improved with a path or other amenity. Natural Common Areas approved in a PUD are not required to be landscaped, which includes all the space in tracts adjacent to the drainage. No invasive species will be used in any required landscaping near natural areas, in common areas, or on private lots. Final landscaping plans for construction of improvements in common areas will be prepared for each phase with construction plans for that phase. The Applicant proposes that landscaping for private common area tracts shall be complete prior to issuance of an occupancy permit for the first dwelling in that phase of development. .r 1 I. ill kI IeN,J,L' varah�a Fa u�i7M iii�ca� ..._ 47 M-VFI0PnrFNr c:0nnPANV 160 3.06.07 Significant Trees on Private Property A. The purpose of this Section is to establish processes and standards which will minimize cutting or destruction of significant trees within the City. Significant trees enhance neighborhoods by creating a sense of character and permanence. In general,significant trees on private property shall be retained, unless determined to be hazardous to life or property. B. The provisions of this Section apply to the removal of any significant tree and the replacement requirements for significant tree removal. C. A Significant Tree Removal Permit shall be reviewed as a Type 1 application to authorize the removal of a significant tree,subject to the following: 1. Approval of Significant Tree Removal Permits shall be held in abeyance between November 1 and May 1, to allow inspection of the deciduous trees when fully leafed. 2. For the removal of a diseased or dangerous tree, a report from a certified arborist or an arborist approved by the City shall be submitted, certifying that the tree is dead or dying, structurally unsound, or hazardous to life or property. 3. If the Director is uncertain whether the arborist's opinion is valid, the Director may require a second arborist's opinion, and may require that the second opinion be done at a time when trees would be fully leafed. 4. A dangerous tree may be removed prior to obtaining a permit in an emergency, and the owner shall apply within three days for the removal permit,pursuant to this Section. D. The issuance of a significant tree removal permit requires the property owner to replace each tree removed with one replacement tree. Each replacement tree shall be at least two inches in caliper. Each replacement tree shall be of a species not prohibited by this Section. The replacement tree shall be of the same size range at maturity as the significant tree replaced. E. A tree required by the development standards of this ordinance(Section 3.1)or as a condition of permit or land use approval shall qualify as a replacement tree. In the Neighborhood Conservation Overlay District(NCOD), the replacement tree shall be planted on the same property as the significant tree replaced. In other zones, the property owner shall choose the method of replacement. Replacement shall be accomplished by: 1. Planting one tree on the subject property; 2. Planting one tree at a location determined by the Woodburn Community Services Department, or 3. Paying a fee-in-lieu to the Woodburn Community Services Department for the planting of one tree at a future time by the City. F. The property owner shall pay a mitigation fee for each required replacement tree that is not planted pursuant to this Section. The applicant shall pay the mitigation fee into the City's tree fund. The amount of the mitigation fee shall be established by the City Council in the Master Fee Schedule, based on the average value of a two inch caliper tree available from local nurseries,plus planting costs. COMMENTS: The subject property has few trees. Some on-site significant trees in the middle of the existing farm field around the well are preserved in common area open space tracts, as well as some non-significant trees around the existing dwellings to remain on Ben Brown Lane. Other non-significant trees are proposed to be removed for development of streets and lots. Although no removal of significant trees is currently planned, any such removal would comply with the provisions of this section at time of site construction permit submittal for each phase. varah�a Fa u�i7M iii�ca� ..._ 48 M-VFI0PnrFNr c:0nnPANV 161 3.07 Architectural Design The purpose of this Section is to set forth the standards and guidelines relating to the architectural design of buildings in Woodburn. Design standards can promote aesthetically pleasing architecture, increase property values, visually integrate neighborhoods, and enhance the quiet enjoyment of private property. COMMENT: The proposed houses will be compatible with the existing houses in the area in compliance with the above purpose of Architectural Design. A wide variety of houses are proposed in compliance with need for affordability as identified in the Woodburn Comprehensive Plan and the purpose of the Nodal Zone. 3.07.01 Applicability of Architectural Design Standards and Guidelines A. For a Type 1 review, the criteria of this Section shall be read as"shall'and shall be applied as standards. For a Type 11 or 111 review, the criteria of this Section shall be read as"should"and shall be applied as guidelines. COMMENT: The PUD and regular Subdivision proposed here will not be reviewed as a Type I application. Therefore, the Architectural Design Standards will be applied as guidelines, but not a requirement, and not read as "shall.". The "Example Home Plans and Elevations" set forth in Exhibit D and the "Architectural Renderings" set forth at Exhibit E show that the theme for design in the proposed development meets the purpose of this section and achieves the goals of these guidelines. The Architectural Design Standards are thereby met. 3.07.02 Single-Family Dwellings,Duplexes and Manufactured Dwellings on Individual Lots in Pre-existing Developments A.Applicability This Section shall apply to all new single-family dwellings, duplexes and manufactured dwellings on individual lots in subdivisions and Planned Unit Developments,approved on or before August 12, 2013 and in partitions. COMMENT: This section is not applicable as the proposal was not approved on or before the above date and is not a partition. varah�a Fa u�i7M iii�ca� ..._ 49 M-VFI0PnrFNr c:0nnPANV 162 3.07.03 Single-Family Dwellings, Duplexes and Manufactured Dwellings on Individual Lots in New Developments A. This Section shall apply to all new single-family dwellings, duplexes and manufactured dwellings on individual lots in subdivisions and Planned Unit Developments approved after[the date of adoption of this Section]. B. Plain concrete,corrugated metal,plywood, T-111, oriented strand board(OSB),and sheet press board shall not be used as exterior finish material. C. Dwellings shall have at least nine of the following design features: 1. Site-built dwellings shall have a minimum roof pitch of 4:12.Manufactured dwellings shall have a minimum roof pitch of 3:12. 2. Roofing material shall be composition shingles,clay or concrete tile, metal, cedar shingles or shakes. Composition shingles shall be architectural style, with a certified performance of at least 25 years. 3. Eaves of a dwelling unit or garage shall provide a minimum 12 inch projection. 4. The exterior finish shall have the appearance of either horizontal lap siding,shakes,shingles,stone, brick or stucco. Where horizontal lap siding is used,it shall appear to have a reveal of 3 to 8 inches. 5. The facade containing the vehicular entrance for a garage shall face away from the street frontage of the main pedestrian entry of the dwelling, at an angle of at least 90 degrees. 6. The facade containing the vehicular entrance for an attached garage shall comprise less than half the lateral dimension of the total facade facing a street,or shall comprise no more than 65 percent of the area, including second stories, dormers, and eyebrows, of the total facade of the structure facing the street. 7. The facade containing the vehicular entrance for a detached garage shall be set back at least 20 feet from the facade of the dwelling containing the main pedestrian entrance, and with the area of the facade of the garage no greater than that of the dwelling. 8. The main entrance to each dwelling shall have either. a.A covered porch at least 48 square feet in area, with the minimum dimension of six feet on at least one side;or b.A recessed entry at least 24 square feet in area, with the minimum dimension of four feet on at least one side. 9.At least 15 percent of the facade wall surface of a dwelling unit facing a front lot line shall be windows, excluding roofs and non-habitable wall area under the end of a roof, and excluding the garage facade. 10. The front of the dwelling shall contain an articulated roof line incorporating more than one pitch or elevation of the ridge line that is visible in the front elevation, excluding a porch. 11. The front of the dwelling shall contain a gable, dormer, eyebrow, off-set roof line or other vertical, architectural extension of the building, at least 36 inches above the eave. 12. The front of the dwelling shall contain a horizontal offset of at least 36 inches in depth and ten feet in length, excluding a recessed pedestrian entrance,porch, or garage that projects in front of the dwelling. D. Single-family dwellings, duplexes, and manufactured dwellings shall have a garage. varah�a Fa u�i7M iii�ca� ..._ 50 M-VFI0PnrFNr c:0nnPANV 163 COMMENT: As stated in applicability section 3.07.01 above, the word"shall" in this Section 3.07 shall be read as "should" and applied as a guideline. Therefore, these above listed guidelines of subsection 3.07.03 are applicable to this new development and have been used by the Applicant in selection of the "Example Plans and Elevations" shown in Exhibit D, and will be used as guidelines for the home builder upon submittal of home building plans at the time of building permit application for lots within the PUD and without. Many of these guidelines are met with the example plans provided, however the home builder is not required to meet this code section exactly, they are simply a guide to home designs. For example, the materials listed in subsection B above are not anticipated to be used. Within the Smith Creek development facades will generally be similar to the proposed elevations in Exhibit D and follow the guidelines for the most part as described below: 1. Site built dwellings are expected to have a roof pitch meeting this standard but may have a different pitch to stay below building height maximums. 2. Roof materials will likely meet this standard. 3. Eaves may be less than 12 inches on side yards. 10 inches or less is more likely along side setbacks, as another portion of the City's codes prefers projections not exceed 10 inches into a side setback. However, where eves are 12 inches the applicant requests the flexibility to project more than 10 inches into the side setback. Eaves to the rear and front may be more or less than 12 inches. 4. Exterior finishes will likely use many of these types of appearances for siding. 5. The garage for alley dwellings will be opposite the main entrance by 180 degrees, but many dwellings will have the garage on the same face of the building as the main entry. 6. The facade containing the garage in many cases will be more than 50% of the width of the dwellings because many dwellings are less than 40 feet wide, and a two car garage facade is often 20 feet wide to accommodate an appropriate sized garage door and panels on each side to support it. This would make the garage facade more than 50% of the width of those dwellings. Furthermore, because some small and some large lots will have less facade overall, the garage facade may frequently exceed the 65% rule. These issues are true for the PUD lots and on the Standard lots outside the PUD. Lots within the PUD have narrower facades, so even if the upper story is included the garage facade may be more than 65%. Large Standard lots that are proposed with a single story home will have very little facade. Two story homes on large lots may be able to keep the garage facade to 65%, but not always as some facades may have roofs that shed to the front with only dormers for the upper story, resulting in very little front facade. The intent is that the garage is not the dominant feature of the home design and this can be accomplished in many ways in this project under this guideline without restricting flexibility of home type and design approach, particularly when building single story homes. varah�a Fa u�i7M iii�ca� ..._ 51 M-VFI0PnrFNr c:0nnPANV 164 7. Where a lot may have a detached garage the garage facade area will be no greater than the main dwelling. The detached garage can be setback from the facade with the main dwelling entrance, but if the entrance is already setback 20 feet from the right-of-way, for example, then setting the garage back another 20 feet would create a 40 feet long driveway, which is not ideal or very functional. Therefore, following this guideline would not be appropriate. The setback of a detached garage from the main dwelling will be five or more feet from the facade of the main dwelling entrance and a minimum of 20 feet from the right-of-way achieving the intent of this guideline that the detached garage appears secondary to the main dwelling. 8. Most dwellings will have either a recessed entry or covered porch. 9. The dwellings will attempt to meet the 15% guideline, but may not achieve it on all dwellings. 10. Not all dwellings will include an articulated roof line, but many will. 11. Not all dwellings will include vertical architectural extensions above the eave, but many will. 12. Not all dwellings will have a horizontal offset, but many will. Many will have that offset in the form of a garage or entrance/porch offset. All single family dwellings are proposed with a garage. 3.08 Partitions and Subdivisions 3.08.01 Requirements All partitions and subdivisions shall comply with the standards of ORS Chapter 92 and the Woodburn Development Ordinance. COMMENTS: This application meets the provisions of this section. See also Section 5 below. varah�a Fa u�i7M iii�ca� ..._ 52 M-VFI0PnrFNr c:0nnPANV 165 3.09 Planned Unit Developments The purpose of this Section is to establish the requirements for Planned Unit Developments(PUDs). PUDs allow flexible development standards, unique street cross-sections, and more variety in permitted uses. They are especially appropriate when developing properties with unique topographic, geotechnical, or other constraints. They also encourage innovation and creative approaches for developing land.In exchange for the ability to modify development and use standards, PUDs must provide common open space and enhanced public amenities. COMMENT: The Applicant recognizes this Section establishes PUD requirements. The Applicant proposes within the PUD area(see Exhibit C-13), as described in this document and other exhibits, flexing various development standards of the WDO, some unique street cross sections, and more variety in the permitted uses, which this Section allows. See Table 3.0 below for a key and synopsis of these requests. See the related code sections for more on the requests. A PUD is particularly appropriate for this site due to the extremely flat topography. Such topography makes designing adequate sewer service a challenge. There are also constraints related to access due to existing development and streets surrounding the site. In addition, there is the constraint presented by a drainage corridor crossing the site at an angle. The Applicant refers to this drainage channel herein by the name "Smith Creek," as it is an unnamed tributary of Mill Creek. A PUD allows the proposed flexibility, unique approaches, and variety for a site like this. In exchange for the Applicant's ability to modify development and use standards as outlined in this application, the Applicant agrees to provide common open space and enhanced public amenities. The proposed development provides them in the form of parks, ball fields, playgrounds, walkways, trails, landscaped areas, and new street crossings and connections. For more on the common open space and enhanced public amenities provided as part of the PUD, see comments below to Section 5.03.06.13.6. 53 M-VF10PMFN1C0MPANV 166 Table 3.0 Key to Flexibility in Development Standards Requested by the PUD # Code Section Synopsis of Request 1 2.02 Residential Departure from Development Standards in Table 2.02C and Table 2.02E Zones replaced by standards outline in the Application. Unique PUD sections are requested for specific streets and segments of streets as outlined,including a segment crossing a drainage.Unique PUD sections are also requested for a cul-de-sac and sections for public alleys. 2 3.01 Streets where shown on the site plans(also approval of the "knuckle" designs). 12 feet wide combined sidewalk and off-street path where path is adjacent to public streets. Longer block spacing and mid-block pathways,particularly adjacent to drainage in the PUD. 3.03.06 Vision Alternative vision clearance area measured 30 feet from intersecting point at 3 B Clearance Area face of curb extended on intersecting public streets,except intersections with Parr Road,which would follow the existing standards. Vehicular Granting of Vehicular Access Permit to lots with one driveway per lot as 4 3.04 Access shown on the Exhibits and to the Alleys and Local or Access street,as shown. Corner Clearance shall be 15 feet. Bonus off-street parking,beyond what is required on and to serve each lot,is proposed in private tracts adjacent to public alleys. The parking spaces will Off-Street have no setback from the property line with the alley,rather they will function 7 3.05 Parking and as perpendicular parking off the alley in some areas using the alley as the Loading maneuvering space. This bonus parking will function much like the spaces in front of the alley loaded garages on the lots,which are also not setback from the alley and are perpendicular to the alley using the alley for maneuvering. 8 3.06.03 Landscaping Departure from Landscaping Standards of Table 3.06A to allow grass, shrubs B Standards and trees in common areas to be shown on site-construction plans. For more details see comments to each code section. 54 M-VFI0PMFNIC0MPANY 167 3.09.01 Allowable Types and Minimum Area of PUDs [some sections omitted for brevity] B. Residential PUD 1. A Residential PUD shall consist entirely of property zoned RS, RM, RSN, RMN, R1S, or P/SP, or in more than one such zone.A PUD is not allowed in the Neighborhood Conservation Overlay District (NCOD). 2. A Residential PUD shall contain a minimum of two acres. COMMENT: The applicant is proposing a Residential PUD. As required by this code the site consists entirely of property zoned RS, RSN, and RMN and is over two acres. This type of PUD is used when the developer wishes to build a residential community that features uses that are otherwise only allowed conditionally or by right in the other residential zones. See WDO 3.09.02(B) (cross reference to Table 2.02A). A PUD allows, per Section 3.09 of the WDO, flexibility both with regard to the types of allowed uses and the application of specific development standards. These are discussed separately below. 3.09.02 Allowed Uses B. Residential PUD Any use allowed in any residential zone shall be allowed in a Residential PUD(see Table 2.02A). No separate Conditional Use process shall be required for any use that is described in the Detailed Development Plan and the project narrative. COMMENT: The WDO defines the term "use" broadly as "[a]n activity or a beneficial purpose for which a building, structure, or land is designed, developed or occupied." WDO 1.02. Section 2 of the WDO is entitled `Land use zoning and specified use standards." For this reason, it is reasonable to assume that use standards include the standards set forth in Table 2.02A-F as well as the standards set forth in WDO 2.05, which is the section of the Code addressing Nodal Zones. As mentioned above, the uses allowed in a residential PUD include any use which is allowed by right or conditionally in any residential zone. These uses are set forth in Table 2.02A of the WDO. For residential uses, Table 2.02A lists three types of housing"uses:" ❖ multiple-family dwellings; ❖ row houses; and ❖ single-family detached dwellings. When an applicant proposes a PUD, there is no need to allow for a conditional use permit ("CUP")to authorize a use that would otherwise only be conditionally allowed in the base zone. WDO 3.09.02(B). In this case, the uses proposed and described above in Section 2 are all allowed uses in a residential zone. No conditional uses are proposed. 55 M-VF10PMFN1C0MPANV 168 3.09.03 Density Transfer A. Any PUD maybe used to transfer residential density from undevelopable areas of a site(riparian corridor, floodplain, wetlands, unstable soils or slopes) to developable areas of a site. Up to 40 percent of the density may be transferred, except as provided in Sections 8 through G,below. No more than 100 percent of the density may be transferred. COMMENT: One of the primary features of a PUD is the ability to create cluster development, which is a development concept where by smaller lots are created on a site along with the creation of active and passive common area. The process used to accomplish this goal is called "density transfer." Up to 100% of the total density that would otherwise be allowed on the PUD site can be transferred. In this case, the PUD portion of the subject site has undevelopable areas as defined here, and thus transfer of 40% of the density from that area to developable areas of the site is allowed. B. If the PUD dedicates to the City or provides an easement for a trail or bike path shown in any adopted City Plan, an additional 20 percent of the density may be transferred. COMMENT: The PUD will dedicate an easement for a greenway path shown on the City's Parks Plan and the TSP (see Exhibit G) along the drainage. The PUD also will dedicate an easement for the greenway from that trail north and south of the drainage. Thus, transfer of an additional 20%from the undevelopable areas of the PUD to the developable areas of the site is allowed. C. If the PUD dedicates to the City property abutting a public park, the Commission may allow up to an additional 20 percent of the density to be transferred, commensurate with the amount and usability of the property dedicated. D. If the improved common area of the PUD is available for use by the public, the Commission may allow up to an additional 10 percent of the density to be transferred, commensurate with the amount and usability of the improved common area. The area must be permanently posted with a sign reading, "This common area is available for use by the public." COMMENT: The PUD is not proposing to dedicate any property abutting a public park to the City, as no public park exists adjacent to the subject site (although City property does exist). The planned greenway path in an easement dedicated to the City will be in improved common area of the PUD. Thus 10% density transfer is allowed for that. E. If the PUD plan proposes landscaping or buffering that exceeds the WDO minimum standards by at least 25 percent, the Commission may allow up to an additional 20 percent of the density to be transferred, commensurate with the amount, quality, and variety of the enhanced landscaping or buffering. F. If the PUD plan proposes stormwater mitigation measures that exceed minimum City standards by at least 25 percent, the Commission may allow up to an additional 10 percent of the density to be transferred, upon a recommendation by the Public Works Department. varah�a Fa u�i7M iii�ca� ..._ 56 M-VF10PnrFN1c:0nnPANV 169 G. If the PUD plan proposes other environmental,sustainability, or architectural enhancements, the Commission may allow up to an additional 10 percent of the density to be transferred, commensurate with the amount,quality, and community benefit of the enhancements. Such enhancements may include, but are not limited to,solar heating or electrical generation, community gardens,public art, mitigation of off-site stormwater,and greywater diversion. COMMENT: The Applicant does not propose any other measures of subsections E-G above, therefore they are not applicable. 3.09.04 Conceptual Development Plan A. PUDs require both a Conceptual Development Plan and a Detailed Development Plan. These reviews may be accomplished sequentially or as a consolidated review, at the applicant's discretion. COMMENT: The Applicant requests a consolidated review of the Conceptual and Detailed Development Plans with this PUD application. B. A Conceptual Development Plan shall include drawings and a narrative describing the surrounding neighborhood, existing site conditions,general development areas,phasing, land uses, building envelopes,architectural theme, landscaping and buffering,streets,bicycle and pedestrian circulation, common areas, utility locations,sign theme, and other information the Director may deem necessary to convey the concept plan. COMMENT: All the above information required with a Conceptual Development Plan can be found in this Smith Creek development application. The narrative information is below. The exhibits to this application supplement this narrative. The drawings include Exhibit C and the other Exhibits attached to this application. The Nodal Master Plan exhibit can act as a concept plan drawing, however there is no single concept plan sheet to represent all of the information required to be described by this section. All the drawings together, including those that show detailed development plans are provided to describe the items required by this section. SURROUNDING NEIGHBORHOODS To the northeast of the PUD is the City owned Tax Lot 4100 intended and acquired by the City for City development of storm water management for site drainage (see Exhibit L). To the east are existing Elana and Kelowna subdivisions south of Ben Brown Lane with large lots north of Ben Brown Lane. To the southeast is the Parr Acres Mobile Home Park. To the south are Centennial Park, the City water plant, Valor Middle School and Heritage Elementary School. To the southwest and west are large acreage lots inside the Woodburn Urban Growth Boundary (UGB) yet outside the City limits, that are also in the Nodal Overlay District. To the north and northwest of the PUD area are proposed small lots and Standard single-family subdivision lots of the Smith Creek development. North of this proposed subdivision area of the Smith Creek development are existing residential subdivisions. To the northwest are the existing subdivision phases of the Montebello varah�a Fa u�i7M iii�ca� ..._ 57 M-VF10PnrFN1c:0nnPANY 170 development. Directly to the north are the subdivision phases of the existing Woodburn Senior Estates. To the northeast, north of the City owned Tax Lot 4100, are the existing subdivision phases of Smith's Addition. See Vicinity Map Exhibit F-1. The PUD is located at the red star point in the figures below. Figure 1. Aerial Perspective 1119 "Y ArAh �r �4 Figure 2. Vicinity Map varah�a Fa i7M iii�ca� ..._ 58 M-VFI0PnrFNr c:0nnPANY 171 EXISTING CONDITIONS The site is particularly flat. The acreage is being farmed, mostly for grass seed. The site does feature a drainage channel. This drainage is an unnamed tributary of Mill Creek. The drainage is often referred to here as Smith Creek. It is not a significant wetland on the City maps. Parts of it are identified on the local wetland inventory map. The drainage is considered an intermittent stream. It is mostly outside of the FEMA 100-year floodplain, except a portion in the east end around the adjacent City Property. It flows east through the City's adjacent property known as Tax Lot 4100 and under Settlemier Ave to Mill Creek. Because the property has been farmed, tree canopy is sparse. A couple trees are located on the east end of the site near the area where there are dwellings to remain. There are some additional trees and associated landscaping located around two existing dwellings on Stubb Road on the west side There is a large significant tree and a well on the north side of the drainage near the east end of the site. There is an underground storm drainage pipe in an easement from Woodburn Senior Estates in the center of the site. There are minimal easements along the frontage of the site with existing public right of way, notably on Parr Road. There is an existing public road crossing of the drainage adjacent to the site at Stubb Road, a public gravel road under Marion County jurisdiction. Most of Parr Road on the south boundary is also in County jurisdiction. Parr Road is improved with roadway pavement, but only has curb along some of the frontage. Ben Brown Lane, a City right-of-way, is partially improved and stubbed to the east end of the site. See also the Existing Conditions Plan Exhibit C-2, and the Aerial Overlay Exhibit C-3. GENERAL DEVELOPMENT AREAS The proposed PUD has two general areas. The first area of the PUD is along Ben Brown Lane's proposed extension west to Harvard Drive that includes area north of the adjacent mobile home park to the SE and the area in the NW south of the existing Montebello subdivision. It includes several housing types adjacent to significant open space along the drainage. It functions as a connector between the surrounding areas to the southeast and northwest. It is the heart of the PUD. It includes the bulk of the parks, ball fields, playgrounds, a club house, and extension of the path east to Settlemier through the City property. The second area of the PUD is to the SW and extends along Stubb Road and Parr Road. It includes a full range of small lot types. It adds additional common area features, including the open space along the drainage and extension of the path west. It connects the community directly via proposed Eaden Street to Centennial Park to the South. Its open spaces along the south boundary act as the front facade to the development, and will include monumentation, landscaping, fencing and a widened sidewalk/off-street path. PHASING The proposed Smith Creek development will be achieved in nine phases, six of which include area of the PUD, as shown on the attached proposed Phasing Plan, Exhibit C-6. These phases will occur after the completion of property line adjustments and a partition (see County Approvals Exhibit R)to create lot lines that are contiguous with phase lines. The plan is to develop the site over the next five to eight years, as follows: varah�a Fa u�i7M iii�ca� ..._ 59 M-VF10PnrFN1c:0nnPANY 172 • Phase IA will develop first completing the extension of the TSP Access Street, Ben Brown Lane, from its current terminus west to Harvard Drive. It will create a greenway path connection from Settlemier to Ben Brown Lane. • Phase 1B will develop after Phase IA, creating a connection to Parr Road via proposed Kirksey Street [even if a proposed future Mixed-use PUD application is not processed for the multi-family lot immediately]. • Phase 2A may develop after the Phase IA and creates significant common area amenities and provides various housing types to the community. • Phase 2B may also develop following the Phase IA, independent of Phase 2A, and will have two remnant acreage lots on the plat for future development as the North Phase 3B and East Phase 4B. It will develop storm water management capacity in its open space in advance of future development to serve the later phases of development to the north/east. • Phase 2C may also develop following the first phases independent of Phase 2A or 2B. [Actually, it could develop prior to Phase IA, if it first improves its frontage, the sanitary sewer from City Tax Lot 4100, storm infrastructure in Tract P and Mattson Way of PhaselA.] Developed as a secondary phase, its frontage along Ben Brown Lane and storm water management needs will be constructed in advance as part of Phase IA. • Phase 3A can develop after development of Phase 2A. It will complete the extension of Stubb Road from Ben Brown Lane south to Parr Road with a boundary street, and the extension internally of proposed Killian Spring Parkway west to Stubb Road. • Phase 4A can develop after Phase 3A. It will include significant landscaping along the frontage of Parr Road, completion of the greenway path west from Ben Brown Lane to Stubb Road and make the connection to Parr Road at Eaden Street. • Phase 3B will develop after Phase 2B, however it is fully outside the PUD area. • Phase 4B will develop after Phase 3B, however it is fully outside the PUD area. LAND USES & BUILDING ENVELOPES Lots in the above referenced subdivision phases located in the PUD area will have varied development standards and uses as listed in more detail in the Applicant's responses to the code. Specific proposed PUD lot standards can be found above in the Applicant's responses above to Section 2.02. The residential lots proposed for development in the PUD area include five types. The type name includes a number which is the typical width of the lot, where some lots are wider than the typical width. The following is a description of each PUD lot type and the abbreviation or code used in this application to identify that type of use or lot. Single Family Detached—45 feet wide typical (SFD-45) Single Family Detached—40 feet wide typical (SFD-40) Single Family Detached—33 feet wide typical (SFD-33) Single Family Detached Alley—34 feet wide typical (SFDA-34) Single Family Detached Alley—32 feet wide typical (SFDA-32) Row House Alley— 18 feet wide typical (RHA-18) varah�a Fa u�i7M iii�ca� ..._ 60 M-VF10PnrFN1c:0nnPANY 173 The Color Lot Type Map, Exhibit C-4, shows the where these lots are proposed within the development. The lot dimensions are shown on the Plats in Exhibit C-7, and building envelopes are shown on Site Plans in Exhibit C-8. For examples of the footprints see Typical Lots Exhibit C-5. The following is a summary description of each PUD lot type (Outside of the PUD boundary are SFD-60 lots which will be Standard lots, SFDA-40 lots which will be conforming small lots, and a multi-family lot envisioned for a future Mixed-use PUD application.): i The SFD-45 lots are PUD Standard lots that accommodate a 35 feet wide dwelling with a two-car garage. These lots are over 4,400 square feet. They are a PUD modified version of a larger front-loaded Standard lot identified by the underlying zone. The proposed ' ° front setbacks for the garage, interior ' side and rear of the SFD-45 lots meet " the code for an interior lot. Thus, a dwelling on this type of lot will be ,' �� �� similar to a lot without a PUD approach,just using the land more efficiently. The flexibility and variety allowed by a PUD will be applied to the other standards and uses, such as front building setback, street side setback and lot coverage standard to allow this efficiency in land use. The SFD-40 lots are also PUD Standard lots that accommodate a 30 feet wide dwelling with a two-car garage. The garage and side setbacks proposed for these lots meet the requirements of the underlying zone for Standard lots. These PUD lots will have standard 20 feet deep private back yards. The variety and flexibility allowed by a PUD will come in other ways for these lots. For example, these lots will have less street frontage, smaller street side setbacks, and will use land more efficiently. The SFD-33 lots accommodate a 27 feet wide dwelling with a two-car garage. These are PUD Small lots. The 33-feet typical lot width and the garage setback proposed for these lots meet the requirements of the underlying zone for a small interior lot. The minimum width in the underlying RSN zone is only 30 feet which would result in a 20 feet wide dwelling, so these PUD lots are 3 feet wider than that minimum for small lots with a dwelling that is 7 feet wider. These SFD-33 lots take advantage of the variety encouraged ! , ? in a PUD by applying the proposed interior side setback of 3 feet and lot area is typically less than 4,000 sq. ft. Thus, land is being used efficiently while creating dwellings of normal size for a small lot. With approval of the requested variance (see section 5 below), these varah�a Fa i7M iii�ca� ..._ 61 M-VFI0PnrFNr c:0nnPANV 174 single family detached dwelling lots will have front loaded garages, with access from the street, instead of alley access, due to the inappropriateness of an alley for the surrounding uses at the rear. These lots are intended for someone who is willing to accept less yard area on the sides of the dwelling but still wants a yard, as opposed to an alley loaded garage. These small lots will have standard 20 feet deep private back yards and ample PUD common area. The SFDA-34 and SFDA-32 lots accommodate a 26 feet and 24 feet wide detached dwelling with a two- car garage loaded from the alley, respectively. These are PUD Small lots, like the SFD-33 lots, only they are served by the alley for vehicle .. `` access. The 34432-feet lot width and the garage setback proposed for these lots also meet the requirements of the underlying RSN zone for a small interior lot. The minimum width in the underlying zone is only 30 feet and the side setbacks are 5 feet. Therefore, a small lot dwelling without a PUD could be only 20 feet wide. These SFDA 34 and SFDA-32 lots take advantage of the variety encouraged in a PUD by applying the proposed interior side setback of 4 feet, resulting in typically 26 feet and 24 feet wide dwellings, respectively, with two car garages. Thus, dwellings on these lots will be typically 6 to 4 feet wider than a lot built to the zoning standard. The flexibility and variety allowed by a PUD will be applied to the other standards and uses, such as the lot area, corner lot width, and street side setback. With the standard nodal area alley, these lots will have no meaningful private back yard space, but will have access to large PUD common areas. Many are proposed with vehicle access from an alley at the rear and front door access to a common area. The RHA-18 lots accommodate an 18 feet wide single family attached PUD Row house ,ir dwellings (a.k.a. townhomes) with a two-car alley loaded � A garage. End dwelling units will have wider lots to accommodate 411 a 5 feet side yard or wider street r r o side yard. The 18-feet lot width proposed for these PUD lots is only 2 feet less than the minimum 20 feet width for a row house lot in the underlying RSM zone. The garage setback and most of the other setbacks proposed for these lots meet the requirements of the underlying zone for a row house lot. The variety and flexibility allowed by a PUD will include simple, common sense measures, like a reduced lot area minimum and a 5 feet interior side setback on end units, where not a varah�a Fa i7M iii�ca� ..._ 62 M-VFI0PnrFNr c:0nnPANV 175 common/zero lot line. The standard 20 feet deep driveway parking space pad in front of a vehicle parking space in a garage in a row house dwelling unit will be only 9 feet wide each. If the row house has a two-car garage, two pads of a total of 18 feet in width can be accommodated for each unit. This is only one foot less than the standard of 10 feet wide per driveway parking pad. The site overall has a lot area average of 4,336 square feet. This is 336 square feet greater than the minimum lot size for a small lot in the underlying zone. This is significant because instead of developing a subdivision of all 4,000 square feet lots meeting the underlying zoning standards, the Smith Creek development is providing a variety of PUD lots, regular small lots, large standard lots, and a multi-family lot to meet the community need for a mix of housing forms and lot sizes. ARCHITECTURAL THEMES The lots and setbacks of the proposed PUD create building envelopes that are designed to accommodate the homes presented in Exhibit D. There is an array of building envelope widths: 18, 24, 26, 27, 30, & 35 feet, all typical of Row House and Single-Family Detached development. Building envelop depths vary. With lot depths from around 90-100 feet and setbacks of about 35 feet total (20+15) minimum, building envelope depths do not typically exceed 70 feet. In many cases they will be less than 60 feet allowing for ample private rear yard space on all non-alley loaded lots, and reasonable private front yard space adjacent to a street or common area tract in the case of alley loaded garage dwellings. The architectural theme of the proposed development could be referred to as "Modern American Cottage" style housing. Facades for adjacent lots and the three lots across the street will vary (row house lots excepted). The elevations presented are intended for use as examples to create a common theme without unnecessary conformity. The pattern will avoid • �° ,yam � . � �i with texture to the building front with varied P - -� cookie cutter housing, and allow for a streetsca e setbacks between the garage door, building front and porches. Any additional plans that may be � used will be substantially conforming to this theme represented in Exhibit D. The result will � �- ��;j• �- be a community with a sense of place and f Y, ('%fj�f//l% identity. LANDSCAPING AND BUFFERING The PUD has a tract of land either side of proposed Eaden Street on its southern border adjacent to Parr Road, with the larger of the two known as Blazek Park. These tracts will be owned and maintained by the homeowner's association and will contain a fence as well as landscaping to buffer the adjacent PUD from the Service Collector street. Where small lots are adjacent to the mobile home community to the SE, known as Parr Acres Mobile Home Park, there are rear building setbacks of 20 feet that are standard in the varah�a Fa i7M iii�ca� ..._ 63 M-VF10PnrFN1c:0nnPANV 176 underlying zone. There is also a variance application to allow these lots access to the garage in the front from the public street, reserving the rear of the lot next to the mobile home park for private yard space. The rear yard will function as a buffer yard as defined by the WDO. This approach to these lots is more compatible with the adjacent mobile home community than an alley loaded lots would be in that location. This is due to the fact that new yards will be adjacent to existing yards instead of putting a roadway next to existing private yards of the adjacent community. The east boundary of the PUD is buffered from surrounding uses by proposed Kirksey Drive and the multi-family lot in Phase 113, and by Mattson Way and the large lots in Phase 2C, as well as the two existing dwellings to remain on Ben Brown Lane. The north boundary of the PUD is buffered from the new standard lots of the Smith Creek development by Ben Brown Lane and Smith Drive. The existing subdivisions to the north and northeast are buffered from the PUD by the two streets listed above and new proposed standard large lots of the Smith Creek development subdivision and common open space tracts located there on the north side of these two streets. CIRCULATION Vehicle circulation will be supported by street connections to the north, south, east and west, including improvement of two Access Streets shown on the TSP. The pattern includes construction of a new Access Street along the Stubb Road right-of-way between Parr Road and Harvard Drive and extension of Ben Brown Lane west across the site to Harvard Drive, which is already designated as an Access Street on the TSP. An additional Access Street, proposed as Killian Spring Parkway, will sweep south from Hayes Street, crossing Ben Brown Lane, and then will turn west to Stubb Road. These Access Streets shall act as the back bone of the internal street network, collecting traffic from the local streets, directing vehicle trips to Evergreen Road, Parr Road, Hayes Street and Settlemier Avenue, which are all higher classification streets. The resulting circulation pattern and traffic volumes were analyzed in a Traffic Impact Study attached as part of this application. See Exhibit I. Bicycle and pedestrian circulation will be served by new sidewalks on both sides of all internal streets and along the property frontage of all boundary streets. A network of paths is also proposed centering on an off-street pathway in an open space along the drainage and including branches of walkways to adjoining streets and through adjoining open spaces. This pathway network meets the requirements of the TSP and Parks plans for pedestrian and bicycle alignments through the site. The project has marked crosswalks planned at many locations. See Site Plans Exhibit C-8. STREETS Streets within the PUD area generally will have standard "Access Street" and "Local Street" sections and widths, as shown in the WDO under section 3.01.04 as Figure 3.01E and 3.01G, respectively. A few exceptions exist: (1) an alternative "Local Street" cross section is planned for new proposed local streets Stoller, Gunderson, and Sifuentez; (2) a hybrid modified"Local Street" cross section is planned for Sawtelle, Simon, a portion of Gunderson and Eaden*, and (3) a unique "Access Street" cross section is planned for the crossing by varah�a Fa u�i7M iii�ca� ..._ 64 M-VF10PnrFN1c:0nnPANY 177 Ben Brown Lane of the unnamed drainage (referred to here as Smith Creek). See Streets Exhibit C-11 and Site Plans Exhibit C-8. �� at x f PUBLIC UTILITY hI� IW PUBLIC UTILITY EASEMENT EASEMENT I 5' 7' 10' 110' 7' SIDE LAND 7' TRAVEL TRAVEL 7' LAND SIDE 5' WALK SCAPE PARKING LANE LANE PARKING SCAPE WALK 5' 34' ROW=60' Figure 3. Example 60' Local Street Section The alternative cross section for Stoller, Sifuentez, and a portion of Gunderson street rights- of-way will be the 50-foot-wide local street section with curb tight sidewalks and parking on both sides referred to in the WDO section 3.01.04 as Figure 3.01H. The right-of-way is 10 feet narrower; yet has a paved section that is 3 feet wider than the other local street section used. The additional paving width will allow more paved street space for maneuverability of on-street parking on these active streets. There are no gaps in on-street parking created by driveways on these streets since lots are served from the alley. As a result, proposed wider travel lanes will be important to allow opposing traffic more space to pass along these short street segments. These streets have higher density uses in the form of small lots and row houses and no driveways crossing the sidewalks. For these reasons, the curb tight sidewalks proposed are appropriate for these streets. Street trees can be located in the front yards in an easement as allowed by the WDO. See the Figure below. ¢M I 1 I ,� 5.'S 11 11 5.5° PUBLIC PUBLIC UTILITY SIDE 7.5' TRAVEL TRAVEL 7.5 SIDE 5° 1° 1 5' UTILITY EASEMENT VPA1•K PARKIN LANE LANE PARKING WALK EASEMENT 37' RDW=.,5:.11„ Figure 4. Example 50' Local Street The modified cross section for Sawtelle Street, Simon, a portion of Gunderson, and Eaden* is proposed to be a hybrid of the sections shown in Figure 3.01G and Figure 3.01H of the WDO (see Figure 14 & 15 above). It will have a total width of 55 feet. The one side of the centerline will be 30 feet, which reflects the normal half street of the section shown in Figure 3.01G. However, the other side of centerline will be 25 feet that reflects the normal half street of the section shown in Figure 3.01H. The street would have a sidewalk separated from the curb by a planter strip on one side and curb tight sidewalks on the other side. The varah�a Fa i7M iii�ca� ..._ 65 M VF10PMFNr c:0nnPANV 178 sidewalk width on both sides would not change*. The curb-to-curb street pavement width would increase by 1.5 feet, providing more space for maneuvering and through traffic on this local street. The side of the street with no driveways crossing the sidewalks will have the curb tight sidewalk. The side with dwellings that have front loaded driveways will have the planter strip. Thus, some gaps will exist for opposing traffic to find refuge, and planter strips and driveway aprons between sidewalk and curb are appropriate. *The exception to the above description is Eaden Street between Sawtelle and Parr. This street's east side does not have front loaded dwellings but will still have a 30 feet section on the west side of the "centerline" (25 feet on the east side). Instead of a 7 feet landscape (including curb), 5 feet sidewalk and 1 foot from back of curb to right-of-way line, as shown in the standard local street section, this street will have a 0.5 feet curb, 12 feet sidewalk, and 0.5 feet from back of curb to the right of way line, with 4 feet by 4 feet(or 4'x8' north of the alley) street tree wells in the 12 feet sidewalk at the back of curb, creating an 8 feet wide clear sidewalk through way. This special section is to provide a wider walkway accommodate the direct greenway route between Centennial Park to the south and the greenway path to the north along the drainage. This is a"short cut" as there will also be a 12' wide sidewalk path on Parr, Stubb, Sawtelle, and along the drainage to the west for the "long way." The street tree wells will separate through pedestrian movements from local resident parking and the curb tight sidewalks will serve the high intensity use of this street just like the other curb tight sidewalks along streets adjacent to the row houses. A unique cross section is proposed for Ben Brown Lane at the locations where the drainage is proposed to be spanned by the roadway. Ben Brown Lane is proposed to taper down to have two 12-foot-wide travel lanes and 6-foot-wide curb tight sidewalks on both sides within a standard 66 feet wide right of way where the drainage is proposed to be spanned by the roadway. This street segment will not feature planter strips nor on-street parking at these locations approaching and on the span. There will be unimproved right-of-way area within the 66 feet on each side of the proposed road span that will remain in its natural state that would unnecessarily be disturbed if a standard section was required to be built over the span. An example of the proposed span is shown as a rectangle on the site plan with extra width for a pedestrian railing. See also Streets Exhibit C-11 and Site Plans Exhibit C-8. Fi re 5. En ineer's Model of a 40 feet lon San at Ben Brown Lane across the Draina e varah�a Fa i7M iii�ca� ..._ 66 M-VF10PnrFN1c:0nnPANV 179 COMMON AREA The PUD will provide substantial open space and amenities benefiting both the community and the public. This will include providing Common Area equal to over 30% of the gross PUD area. Most of the Common Area will serve as Common Open Space to achieve the purpose of a PUD. Some areas will be Improved Common Areas. Improved Common Areas will be developed to meet the minimum standard required of 100 square feet per dwelling unit. Common area features include: • A club house and HOA meeting space/community center • Off-street parking lot areas for guest parking • Commonly maintained landscaped areas • A creek side pedestrian and bicycle path open to the public (as shown in the TSP) • Conservation of existing on-site natural areas and significant trees in tracts • Storm water quality ponds and swales to manage storm run-off from roofs and streets • Open space tracts to accommodate storm water from upstream property overflow • Playgrounds, basketball courts, ball fields, and picnic areas and pathways • Entrance monument signs at several points to create community identity and develop a sense of place (see Common Area Exhibit C-12, and Site Plans Exhibit C-8 for more details) OFF-STREET PARKING The RHA-18 lots, the SFDA-34 and SFDA-32 lots, and all lots in the PUD, can accommodate two standard 20-foot deep parking pads on the lot in front of at two car garage's door which would create four off-street parking spaces on-site per single-family dwelling unit. The example alley Figure below shows an example of how 20-foot deep driveways in front of garage doors look in alleys. With 2 spaces in the garage and 2 spaces in front of the garage door on many small lots and row houses, there will be an abundance of parking which will reduce residence reliance on on-street parking. This is in keeping with the intent of the code. The off-street parking spaces available will exceed standards of this code at 3-4 per dwelling. No exceptions for off-street parking are requested. The ratio of spaces per dwelling unit will be augmented with surplus parking proposed in common area tracts adjacent to alleys in areas of high residential densities within the proposed PUD, such as around Sifuentez Court and the common areas adjacent to Klein and Lacey Lanes. These spaces are meant to supplement the need for guest and resident parking. On-street parking is also available on public streets, and will be ample due to the volume of spaces provided off- street on lots and in tracts. The total parking average in the development per dwelling unit will exceed six spaces (see Table 4.0 below, also see Site Plans at Exhibit C-8). varah�a Fa i7M iii�ca� ..._ 67 M-VF10PnrFN1c:0nnPANV 180 mri Figure 6. Example Alley Below is a table of parking by phase. Parking Table: Phase IAA IAB IAC 2AA 2AB 2B 2C 3AA 3AB 3B 4A 1B 4B All Phases v Street 87 65 143 142 31 95 43 127 95 170 121 80 189 1388 a Lot 136 156 312 224 148 228 92 292 288 180 544 0 264 2864 Tract 0 13 0 0 0 12 0 0 0 0 53 0 0 78 Total 223 234 455 366 179 335 135 419 383 350 718 80 453 1 4330 Lots 151 93 57 23 145 45 136 66 716 Spaces/Lot* 6 6 6 6 6 8 6 7 6 I i 11L STAFFORD VVQO aHJI'7ry C PE' ,ON ..._ 68 Dr„naPnrFNr c:0nnPANV 181 UTILITIES Sanitary sewer infrastructure adjacent to the development has been surveyed, and proposed connections reviewed by the City's Engineering and Public Works staff. They include service from existing stubbed streets and City property and extension of newly built lines by the developer. They include over five points of sanitary sewer connections to the existing network. Water service and dry utilities such as power, phone, cable, and gas are available to serve the property from these adjacent facilities as well. Public utility easements are proposed along all rights of way as shown on the Preliminary Plats Exhibit C-7. The existing drainage corridor is preserved in open space to serve storm water flow and outfall needs. New on-site storm ponds are proposed to serve the site in addition the future storm facility planned by the City on Tax Lot 4100 to serve the site. See Composite Utility Plans Exhibit C-9 and provider letters in Exhibit H, and Exhibit L. SIGNS One way to create identity within the project is to have monument signs at entries. The Applicant proposes monument signs at several locations near entrances to the subject site as shown on the Common Area Exhibit C-12 in a style represented below. Prior to the installation of the signs a Type I Sign Permit will be acquired from the City. r `iii r fa �.w Tia �l /Jl Y7�1 �ry/ ,1 �iry Figure 7. Example Monumentation .r 1 I. ill kI IeNJ,,L' varah�a Fa i7M iii�ca� ..._ 69 M-VF10PnrFN1c:0nnPANV 182 3.09.05 Detailed Development Plan A. PUDs require both a Conceptual Development Plan and a Detailed Development Plan. These reviews may be accomplished sequentially or as a consolidated review, at the applicant's discretion. B. No building,grading,access, or other development permit may be issued until a Detailed Development Plan has been approved for at least one phase of the project. C. Buildings shown on a Detailed Development Plan are exempt from Design Review if they are in substantial conformity to the Detailed Development Plan (see Section 3.07.01.B). D. A Detailed Development Plan shall include drawings and a narrative sufficient to demonstrate compliance with the Conceptual Development Plan and any conditions of approval previously imposed. A Detailed Development Plan shall provide specific information regarding the site layout, architecture, and proposed amenities.A Detailed Development Plan that proposes land uses not in the Conceptual Development Plan or that deviates by more than ten percent from any development standard in the Conceptual Development Plan for any phase, or that does not meet the standards of this Section shall not be approved. The applicant may request that the decision-maker approve such a plan as an amended Conceptual Development Plan. COMMENT: As stated above, the Applicant requests a consolidated review of the Conceptual and Detailed Development Plan, as allowed by this subsection A. The Applicant recognizes the provisions of subsections B & C, as no work will begin until approval and buildings will be in substantial conformity to the detailed development plan represented in these exhibits. All the above information required by subsection D with a Detailed Development Plan can be found in this Smith Creek development application. The narrative information includes the information written above in the narrative describing the Concept Development Plan, which is not repeated here for brevity. The drawings include Exhibit C and the other Exhibits attached to this application. 3.09.06 Development Standards A PUD is intended to allow flexibility in the development standards of Sections 3.01 through 3.10. The Detailed Development Plan may propose modified standards without a separate Variance.Any standard that is not proposed for modification shall apply to the PUD. The development standards stated below shall not be modified through the PUD process. COMMENT: The WDO defines the term "development standard" as "[t]he requirement of the City with respect to quality and quantity of an improvement or activity." WDO 1.02. Development standards for residential housing are set forth in Tables 2.02(B)-(F). There are other development standards listed in other parts of Section 2. This section clarifies that the flexibility of the PUD permitted by Section 3.09 extends to allow modification of applicable development standards set forth in WDO 3.01 to WDO 3.10 and the other parts of Section 2. It also clarifies that the proposed modified standards may be reviewed only under the PUD process and does not require a separate variance. The one exception is that there are specific PUD development standards listed in Table 3.09A which cannot be modified. The applicant must specifically request which standards that it seeks to have modified, and any standard that is not proposed for modification shall apply to the PUD. The Applicant has listed all standards that it wishes to modify in this application. varah�a Fa u�i7M iii�ca� ..._ 70 M-VFI0PnrFNr c:0nnPANY 183 The Applicant requests the flexibility outlined in Section 2 above. The Applicant requests the flexibility in the development standards of Section 3.01 through 3.10, and describes these requests in more detail under these sections. The modified standards are proposed without a separate Variance. Development standards stated below in subsections A-D of this section are not proposed to be modified through the PUD process. A. Common area and density shall comply with the following standards in Table 3.09A.[TABLE OMITTED FOR BREVITY] COMMENT: The standards of Table 3.09A are met with this application as described here. (See Exhibit T, and Exhibits C-12 and C-13): • The proposal includes more than five dwelling units; therefore, the Common Area Minimum is 30% of the gross PUD site area. The gross PUD area including undevelopable areas is 77 acres, and the Common Area provided in the PUD equals 23.72 acres, 30.8% of the PUD area. This percentage exceeds the minimum of 30% (Common Area outside the PUD boundary not included). • The Improved Common Area Minimum is 100 square feet per dwelling unit. There are 484 proposed dwelling units in the entire PUD, thus the require improved common area is 48,400 square feet. This will be met with paths (see Section B. below). • There are 36.53 net buildable acres in the PUD, and the applicant proposes 484 dwellings. For this reason, the overall density is 13.3 dwelling units per net buildable acre. Per the table in Exhibit T to this application the residential density in the PUD exceeds the minimum units per net buildable acre as required for a residential PUD in Table 3.09A. • No specific maximum density exists for the residential uses proposed in the PUD. The practical maximum density is determined by the setbacks, off-street parking, open space, and other requirements. The result of the PUD is a community with a variety of home types, and an impressive amount of common area, without sacrificing delivery of sufficient dwelling units to meet the community's need for housing. varah�a Fa u�i7M iii�ca� ..._ 71 M-VF10PnrFN1c:0nnPANV 184 B. Improved Common Area 1. Common areas are deemed improved if they are provided with benches,playground equipment, gazebos,picnic facilities, or similar amenities. Lawn area by itself does not constitute improvement. Trails or paths do not constitute improvement, unless they connect to the public trail system. 2. Common meeting or recreation rooms are deemed to be improved common areas. 3.Improved common areas are subject to the performance guarantee provisions of Section 4.02.08. COMMENT: See response to subsection A above for reference to area of Improved Common Area. The applicant suggests a condition of approval can be written to require completion of the improvement necessary to fulfill this requirement prior to issuance of building permits. The Applicant proposes to complete construction of a 12 feet wide greenway path through common area tracts in several phases of development and connect those paths east to Settlemier Road and west to Stubb Road and then back around to Eaden Street along Parr Road. The linear feet of pathways constructed will be over 4,000 ft., so the path alone will meet this requirement for a minimum of 48,400 sq. ft. of improved common area. The area of the tract included with the path will mean that the minimum is far exceeded with completion of Phase I of the development No other improvements other than the proposed greenway paths are necessary to meet this code requirement. The suggested condition of approval will require the 12 feet wide pathway improvement to have a performance guarantee per the provisions of Section 4.02.08 as stated in subsection 3. above. The Applicant proposes other common area improvements that are voluntary and are included as amenities for the residents beyond the minimum required Improved Common Area by the code. The Applicant therefore does not wish for a condition of approval to be written based on this code section to require a club house, playground or picnic facility, since per Section 4.02.08 this would require the Applicant to prepare a performance bond for these bonus amenities. If this was the case the burden of the performance bond would act to discourage the developer from offering additional amenities. It seems the intent of this section is to condition the Applicant to provide surety so that the required Improved Common Area will be built. The required Improved Common Area is to be bonded, not additional voluntary amenities. These additional voluntary amenities are uses allowed outright by the underlying zone, and thus do not need to be conditioned to meet this code section. Application for construction of the club house for example will follow its own building permit approval process. .r 1 I. ill kI leN,J,L' varah�a Fa u�i7M iii�ca� ..._ 72 M-VF10PnrFN1c:0nnPANV 185 C. Streets 1. A PUD shall conform to and, where possible, enhance existing or planned vehicle,pedestrian and bicycle networks,including connections and functionality. Note:See Figures 7-1 (Functional Classification Designations), 7-3(Pedestrian Plan), and 7-4(Bicycle Plan)of the Transportation System Plan. 2. All streets shall be public. 3. Boundary and connecting streets shall use the street sections of Section 3.01.04. 4. Internal streets may use the street sections of Section 3.01.04, or the PUD may propose other street sections,provided that the streets: a. conform to the Oregon Fire Code(see Figures 3.04C and 3.04D) b. include sidewalks, and c. are constructed to the specifications of the Public Works Department. COMMENT: Streets within the proposed PUD conform to planned networks. Ben Brown Lane and Stubb Road, which are "Access Streets" shown on the TSP, are planned to be built with each phase. Upon full buildout of the development, these streets will add an additional east/west and north/south connection, respectively, to enhance the functionality of the street system in this area of Woodburn. The east/west connection will be provided in the first phase, Phase IA. All proposed streets are proposed as public. Boundary and connecting streets and on-site streets will use sections required by this code, except in the PUD where other sections are proposed as shown, or where a request to modify street standards is made. See also responses to Section 3.01.04 above, and Streets Exhibit C-11 and Site Plan Exhibit C-8. Unique sections proposed within the PUD in the areas of the cul-de-sac, alley loaded small lots and attached dwellings, and around the drainage crossings conform to the Oregon Fire Code, will have sidewalks, and will be constructed to the specifications of the Public Works Department. D. Parking If a front setback of less than 20 feet is proposed, the requirement of Section 3.05.03 for an improved parking pad for single-family and duplex dwellings may be satisfied by on-street parking or by a common off-street parking lot. COMMENT: The front and rear setback to a garage door will be 20 feet on all lots, accommodating parking in the driveway in front of the garage. Therefore, the parking requirements of Section 3.05.03 are not proposed to be satisfied by on-street parking nor by common off-street parking. However, on-street parking is provided and common off-street parking is also proposed as an added amenity to supplement parking needs in the community. (See Site Plans Exhibit C-8). varah�a Fa u�i7M iii�ca� ..._ 73 M-VF10PnrFN1c:0nnPANV 186 E. Signs 1. A PUD may include a sign plan to require a common architectural design and location. COMMENT: Street signs will be installed to City standards. This will include"STOP" signs at intersections of local streets with Access Streets (see Site Plan Exhibits C-8). The proposed PUD includes plans to install entrance monument signs at locations designated on Common Area Exhibit C-12. These signs will not interfere with vision or corner clearance areas and will be built with their respective phases with a common theme connected to the style of the dwellings and open space amenities proposed as shown on Exhibits to this application. See Figure above in the PUD narrative under responses to Section 3.09.04.B. varah�a Fa u�i7M iii�ca� ..._ 74 M-VFI0PntiFNI C0nnPANV 187 3.09.10 Phasing A. A PUD may be developed in phases,pursuant to Section 5.03.05. COMMENT: The proposed PUD will be phased through subdivision as shown on the Phase Plan, Exhibit C-6. B. Phases shall be functionally self-contained with regard to access,parking, utilities, open spaces, and similar physical features, and capable of occupancy, operation, and maintenance upon completion. COMMENT: WDO 3.09 contemplates that in most cases, the typical PUD will have a boundary that is co-terminus with the development site. However, it does not require that these two boundaries be co-terminus. Indeed, as noted by the purpose statement, the goal of a PUD is to promote flexibility: 3.09 Planned Unit Developments The purpose of this Section is to establish the requirements for Planned Unit Developments (PVDs). PUDs allow flexible development standards, unique street cross-sections, and more variety in permitted uses. They are especially appropriate when developing properties with unique topographic, geotechnical, or other constraints. They also encourage innovation and creative approaches for developing land. In exchange for the ability to modify development and use standards, PUDs must provide common open space and enhanced public amenities. As part of that flexibility calculus, a developer may propose a PUD on a portion of the overall development site. The Smith Creek development consists of some lands that will be developed as a PUD and other lands that will be developed in a manner which is conforming to the base zone and Nodal Overlay standards. The biggest limitation on this concept is set forth in the Code in the section of the PUD chapter entitled "Phasing." Therein, WDO 3.09.10(A) &(B) note that a PUD may be developed in phases, but states that"phases must be functionally self-contained with regard to access, parking, utilities, open spaces, and similar physical features, and capable of occupancy, operation, and maintenance upon completion." Thus, each phase of the PUD must provide sufficient open space to be"self-contained," which means that it is "complete" and "has all that it needs." New Oxford American Dictionary (2010). varah�a Fa u�i7M iii�ca� ..._ 75 M-VF10PnrFN1c:0nnPANV 188 The phases of the Smith Creek Development can be "functionally self-contained" so long as the developer provides sufficient contractual assurances to ensure that 30% open space requirement will be met. There is no express requirement that the open space be provided in the boundary of each particular phase, or even within the boundary of the PUD, so long as it exists independent to other phases. To the contrary, the code only requires that the phase have sufficient"common areas and improvements" to be"roughly proportional" to the development of housing and other similar elements intended for private use. The term "functionally" is intended to expand the term "self-contained," and not act as a further limitation upon it. As an example, Phase I can easily "function" with 31%internal open space, as an example, and Phase 2A with 29%, so long as the running total for the area of the PUD exceeds 30% and the common area remains functional. This is the case in this development(see Exhibit C-12). If fact, in many of the phases where the phase boundary and the PUD boundary are not co-terminus, the phase includes additional common area outside the PUD boundary, such that the running total far exceeds the 30% minimum. However, the running total within the PUD boundary exceeds 30%, even without this additional open space Part of the rationale behind using a PUD concept is that it allows a developer to plan a larger, more functionally viable development: a properly designed PUD is greater than the sum of its parts. In part, this is because large scale parts and associated infrastructure can be created via a PUD that cannot be created via a smaller project. For example, the long extension of Ben Brown Lane west to Harvard Drive in Phase IA is only financially possible as part of this larger functionally planned PUD. Achieving development of the TSP designated Access Street would not be possible with a smaller standard project. All phases of the proposed Smith Creek are self-contained, Phase IA being first, followed by Phase 113, and then any of the phases, Phase 2A, Phase 213, or Phase 2C* (*Phase 2C could actually be built prior to Phase IA if its frontage on Ben Brown Lane and Mattson Way and the storm pond was added to its boundary, because it has two distinct points for emergency access and all utilities are available adjacent, and it is not part of the PUD). Then, Phase 3A can follow 2A, and Phase 3B can follow 2B. Finally, Phase 4A can follow 3A, and 4B can follow 4A. See Site Plans Exhibit C-8 and Composite Utility Exhibit C-9 for more details on how each is functionally self-contained. varah�a Fa u�i7M iii�ca� ..._ 76 M-VF10PnrFN1c:0nnPANV 189 In this case the Applicant has provided more than 30% common area • Phase IA will have access from Ben Brown Lane and Harvard Drive. Water service will be a looped system. Sanitary sewer will extend from existing adjacent lines. Other dry utilities will be extended from existing street stubs. Suitable open space is provided, including improved common area in the form of a public off-street path connecting the phase to Settlemier through the adjacent City owned Tax Lot 4100. Other common area includes a tot lot in Killian Spring Park and an open green in the proposed Martha Meadows Park at Ben Brown Lane and Smith Drive. Storm water management will be provided in common area tracts. Over 30% of the PUD area of this phase is provided as common area. This phase will stand alone upon completion. • Phase 1B will include extension of Kirksey Street south from Phase IA to Parr Road, adding increased circulation options for vehicles and pedestrians, and adding open space along the adjacent drainage in a reserve tract. • Phase 2A will have three street access points from Phase IA, and further extend utilities to serve the next phase to the southwest. Significant additional open space will include additional parts of proposed Martha Meadows Park. Improved common area will include a public off-street path extension south from Ben Brown Lane at Simon Lane to Killian Spring Parkway, and then over the drainage to connect to Kirksey through the common area of Phase 113. Over 30% of the PUD area after this phase is complete will have been preserved as common area in tracts. Sanitary sewer will drain to the northwest to Harvard Drive through Phase IA. From Phase IA dry utilities will be extended to this phase. Storm water will be managed in a new swale in Martha Meadows with outfall to drainage to the east. This phase is functionally self-contained as it will follow Phase IA and 113. • Phase 2B will have two street access points from Phase IA, and will extend utilities from Phase IA and be stubbed to serve Phase 3B and Phase 4B. It will also create storm water management facilities to serve Phase 3B and Phase 4B in advance of construction of those phases. There will be additional new open space areas with walkways to serve this phase that create common areas that exceed 30% of the PUD area. This phase is functionally self-contained as it will follow Phase IA and 113. • Phase 2C will connect to the existing segment of Ben Brown Lane and to Phase IA. It is outside the PUD area and will have its storm water facilities, frontage on Ben Brown and stubbed utilities built already with Phase IA improvements. • Phase 3A will have access and further extend utilities via Stubb Road from Harvard Drive south to Parr Road as well as via three additional access points to Phase 2A. It will bring services to the west end of Phase 4A at the proposed Sawtelle Drive intersection. It will complete the west section of proposed Killian Spring Parkway, and will provide significant additional common area open space, including a northern segment of Hazel Smith Memorial Park. Over 30% common area for the PUD • Phase 3B will extend and loop access and utilities north from Phase 2B via Killian Spring Parkway north from Smith Drive to Hayes Street. It will also have local street access from Austin and Desantis streets and stub services to Phase 4B. Utilities will be extended varah�a Fa u�i7M iii�ca� ..._ 77 M-VF10PnrFN1c:0nnPANV 190 from Phase 2B and the connections to existing streets. It is outside of the PUD area and will have only Standard lots. Note: Six acres of this phase will be transferred through a real estate purchase agreement to others (prospectively the school district) either through a property line adjustment (approved through separate application)prior to platting of Phase 3B or through transfer of the tracts at/after plat recording. The Applicant is proposing to complete all of the frontage improvements for Tract A and Tract B of this phase along the east side of Killian Spring Parkway and encumber the tract frontages with a 5 feet wide public utility easement(PUE). If the property is first transferred through a property line adjustment rather than as tracts after a plat is recorded, then the necessary area for Killian Spring Parkway will be retained and a public utility easement will be reserved on the portion transferred adjacent to the proposed street right-of-way. The Applicant will be building a three quarters street improvement in a 46 feet wide roadway easement obtained from the adjacent property owner to extend Killian Spring Parkway north to Hayes Street (see Exhibit P). The Applicant has an understanding with the School District that if it wants to deed the additional 20 feet strip of land adjacent to this 46 feet wide roadway easement to the City for a roadway public right-of-way (or if that is part of the real estate agreement of the transfer), that the Applicant will build the full 66 feet wide Killian Spring Parkway improvement between the sites north boundary and Hayes Street at the same time Phase 3A is constructed, rather than just a three quarters street improvement. The Applicant has been and will continue to coordinate with the City as it completes its publicly funded improvements in this area, so that the planned new intersection of Hayes Street with Killian Spring Parkway is facilitated and will function to serve the development and adjacent properties. None of the six acres is intended for use as common area or for ownership by a homeowners association. None of the six acres is used to meet density requirements or any other requirement in this code. This it will not be encumbered in any way by this application, other than the proposed PUE along the proposed roadway If the envisioned transfer of land does not proceed as planned, then Tracts A and B of Phase 3B would remain in the ownership of the current property owner as a remnant lot for future development under this code as zoned, RSN. • Phase 4A will extend a roadway between Stubb Road and proposed Kirksey Street in Phase 113, and will create a new connection at proposed Eaden Street to Parr Road opposite the entrance to Centennial Park. It will contain significant open space resulting over 30% of the gross PUD area preserved as common area. It will include improved common area in the form of the extension of the off-street path west from Kirksey Street to Stubb Road. Sewer and other dry utilities will be extended from the adjacent phases. • Phase 4B will complete the extension of stubbed streets from surrounding development. It is outside the PUD, but will include additional common area in the form of tracts that preserve natural features of the site and provide a path network north from Smith Drive to a tract proposed for a future club house location on Yvonne Street. varah�a Fa u�i7M iii�ca� ..._ 78 M-VF10PnrFN1c:0nnPANV 191 C. The phased provision of common areas and improvements shall be roughly proportional to the development of housing and other elements intended for private ownership. COMMENT: This standard's purpose is two-fold. First, it is intended to ensure that developers provide sufficient common areas and improvements to adequately serve the housing they create. Secondly, this standard acts as a limit upon government overreach as well. It acts both as a minimum and a maximum threshold. Although the phrase "roughly proportionality does not suggest mathematical precision, it is intended to create a measuring stick by which the amount of common areas and amount of required improvements thereon are measured. Since the Code requires 30% common area for a PUD, each phase of a PUD must provide common areas and improvements in an amount that approaches that 30% requirement. Each phase may have a slightly less or slightly more amount of common areas, so long as the overall running total amount provided for all phases equals or exceeds 30%. This concept is also true for the required improved common areas, which require 100 square feet per dwelling unit in the PUD area. So, the running total may exceed the minimum, thus a subsequent phase's required improved common area is already met by a previous phase. The overreach mentioned above should be avoided by not conditioning more improved common area in each phase than is required to meet the code. As described above, and as shown on the exhibits, ample common areas and improvements are provided in each phase through the paths. This proposal creates common areas and improvements which are roughly proportional to the development of housing and private elements in each phase. D. At least one improved common area sized to accommodate a circle 25 feet in diameter shall be provided with the first phase. COMMENT: Phase IA will include an improved common area, which is sufficient to accommodate a circle greater than 25 feet in diameter. The trailhead area on the east side of Ben Brown Lane at its intersection with proposed Kirksey Street meets this dimensional requirement. 3.10 Signs[text of this section omitted for brevity] COMMENT: It is feasible to comply with this section. A sign permit for monument signs will be applied for prior to installation of any such sign. A permit application shall conform to the requirements of this code section, as will any other signs that requires permits. .r 1 I. ill kI IeNJ,,L' varah�a Fa u�i7M iii�ca� ..._ 79 M-VFI0PnrFNr c:0nnPANV 192 SECTION 4 ADMINISTRATION AND PROCEDURES 4.01 Decision-Making Procedures[text of this section omitted for brevity] COMMENT: The Applicant recognizes the provisions of this Section and how they relate to the processing of this Application. The Applicant requests consolidated review of two applications, the application for the PUD Concept Development Plan and the application for the PUD Detailed Development Plan. The other applications submitted are requested to be reviewed concurrently. The Applicant held a Pre-application Conference with the City of Woodburn on February 2, 2017 and again on August 8, 2017, as well as several follow-up meetings including on February 5, 2018 and April 19, 2018. 4.02 Review,Interpretation and Enforcement[text of this section omitted for brevity] COMMENT: The Applicant recognizes the provisions of this Section and how they relate to the processing of this Application. The Applicant intends that the phased development of the site will commence prior to three years from the date of the final decision, preventing expiration of the approval of the PUD and subdivision of the subject property. Proposed annexation shall occur in less time, prior to phased development. It is the Applicant's intent to construct all public facilities and public improvements for each phase prior to the issuance of building permits of dwellings in the respective phase and no written waiver to such is requested, therefore no performance guarantee is planned for or necessary, per this Section. An agreement will be provided following certification of completion and acceptance of public improvements by the City in each phase that will ensure maintenance of the public improvements for one year as required by this section. varah�a Fa u�i7M iii�ca� ..._ 80 M-VF10PnrFN1c:0nnPANV 193 SECTION 5 APPLICATION REQUIREMENTS 5.01 Type I(Administrative)Decisions General Requirements A. The purpose of this Section is to identify what types of actions are considered Type 1 decisions and their respective review criteria. Type 1 decisions do not require interpretation or the exercise of policy or legal judgment in evaluating approval criteria. The decision-making process requires no notice to any party other than the applicant. B. To initiate consideration of a Type 1 decision, a complete City application, accompanying information and a filing fee must be submitted to the Director. The Director will evaluate the application as outlined in this Section. 5.01.01 Access Permit to a City Street, excluding a Major or Minor Arterial Street 5.01.02 Design Review, Type 1 5.01.03 Fence and Free Standing Wall 5.01.04 Grading Permit 5.01.05 Manufactured Dwelling Park, Final Plan Approval 5.01.06 Partition and Subdivision Final Plat Approval 5.01.07 Planned Unit Development(PUD), Final Plan &Design Plan Approval 5.01.08 Property Line Adjustment, Consolidation of Lots 5.01.09 Riparian Corridor and Wetlands Overlay District(RCWOD)Permit 5.01.10 Sign Permit 5.01.11 Significant Tree Removal Permit 5.01.12 Temporary Outdoor Marketing and Special Event Permit [Complete text of this section is omitted for brevity.] COMMENT: As required by Section 4 (procedures), the Applicant will seek approval from the Director of Type I permits applicable to this development at the appropriate time in the future. .r 1 I. ill kI leN,J,L' varaha Fa ui7M iii�ca� ..._ 81 M-VF10PnrFN1c:0nnPANV 194 • A separate Type 1 "Access Permit" described in Section 5.01.01 is not required at this time because street and driveway access locations shown on the Exhibits to this application (see Exhibit C-8) are part of another type of land use approval: the PUD and subdivision approval, see responses to the respective code sections above. • A Type I"Design Review" described in Section 5.01.02 is not required for the Smith Creek project as addressed in response to Section 3.07 above. This code states "the purpose of this review is to ensure all residential and non-residential buildings comply with the standards found in the Land Use and Development Guidelines and Standards (Sections 2 and 3) of this Ordinance." Under section 3.07 the design guidelines are addressed for the proposed development. If not superseded by Section 3.07 for lots outside the PUD boundary, this review would still only apply to single family dwellings in the RS, RIS, and RM zones. Most of the site is in the RSN and RMN zones, where this review type is not applicable under this code section. Also, this section states that design review for single-family homes in the PUD portion of the site would be excepted from this requirement, as they are subject to the provisions of Section 3.09. • Type I Fence and Wall permits will be applied for per Section 5.01.03 at the time of construction, as necessary. • A Type I Grading permit will be applied for per Section 5.01.04 prior to site construction because grading will occur on more than one acre. • No Manufactured Dwelling Park is proposed so Section 5.01.05 is not applicable. • A Type I permit will be sought for the Final Subdivision Plat Approval and for Final Plan Approval of the PUD prior to plat recording and upon submission of construction plans and for each phase, respectively, per Section 5.01.06 and 5.01.07. • Section 5.01.08 is not applicable because the property line adjustments have been applied for and processed through the County prior to Annexation. • Application for a Type I RCWOD Permit per Section 5.01.09 is not required because no grading, excavation, fill or vegetation removal is proposed in a wetland with development proposed with this application. All wetlands will be protected from these activities and preserved in open space tracts. • A Type I Sign Permit and Significant Tree Removal Permit per Section 5.01.10 and 5.01.11 will be applied for, as needed, in the future prior to site construction, as will any Type I Temporary Outdoor Marketing or Special Event Permit. varah�a Fa u�i7M iii�ca� ..._ 82 M-VF10PnrFN1c:0nnPANV 195 5.01.08 Property Line Adjustment, Consolidation of Lots A. Purpose: The purpose of this review is to ensure that adjustments to property lines or the consolidation of existing lots and parcels, complies with the standards of this ordinance(Section 2),and State Statutes(ORS Chapters 92 and 209). Property line adjustments and consolidation of lots are allowed in all zones. COMMENT: Three Property Line Adjustments (PLA) of the parent properties are planned or in process with the County. This information is shared here for reference only. The adjustments are referred to here as: • PLA#1: This is between Property 3 and Property 4, see Exhibit C-16 (adjusted Property 4 is planned for subsequent partition into three parcels as described in the below section on partitions as Partition Plat#1 (PP#1), see also Exhibit C-17). The owner is processing this PLA through the County prior to annexation, so the PLA is expected to be recorded prior to annexation. If not, the Applicant will submit a separate Type I application for this property line adjustment to the City following annexation to make property lines congruent with phase lines as proposed here. • PLA#2 between Property 2 and Property 3, is planned to be processed by the Applicant through the County, however the recording of the property line adjustment may not be concluded prior to annexation. If any Type I permit is needed through the City to finalize this PLA, then it will be applied for at a later date prior to site construction. • PLA#3 between Property 1 and Property 2, is also planned to be processed by the Applicant through the County, however the recording of the property line adjustment may not be concluded prior to annexation. If any Type I permit is needed through the City to finalize this PLA, then it will be applied for at a later date prior to site construction. The proposed PLAs comply with the standards of this ordinance and state statutes, and are only being processed in advance of annexation through the County for timely review and recording to meet the Applicant's purchase agreement timelines with the property owners and to allow review of this application by the City to focus on the proposed Annexation, Zone Change, Subdivision, PUD, Variances, and Modification to Street Standards. varah�a Fa u�i7M iii�ca� ..._ 83 M-VF10PnrFN1c:0nnPANY 196 B. Criteria: 1. Lot area, depth, width, frontage, building setbacks, vehicular access and lot coverage comply with the standards of this ordinance(Sections 2 and 3); COMMENT: As stated above the PLAs comply with the standards of this ordinance and state statues, and even though the applications are being processed through the County, responses to this Code are provided for reference. The lot area, depth, width and frontage for proposed PLAs exceed the standards for a lot in the underlying zone. No new buildings are proposed and the existing setbacks from existing dwellings to the side and rear property lines will only increase upon recording of the PLAs. Vehicle access to public streets exists to each of the lots and is retained after the recording of the PLAs. The lot that decreases in size, Property 3 has no structures on it so lot coverage is not applicable. The other lots with structures increase in size with the respective PLAs, so lot coverage standards are retained and improved with each PLA. 2. Existing easements are accurately reflected, COMMENT: Existing easements are shown on the property line adjustment plans. No easements are obstructed or harmed with the proposed PLAs. 3. Existing land use and development on the subject property comply with the requirements of prior land use actions;and COMMENT: Use and development comply with prior land use actions. 4. Buildings and structures abutting the adjusted property lines comply with State building codes and with respect to current occupancy. COMMENT: The buildings and structures abutting the property lines that are adjusted comply with state building codes. 5. Property line adjustments are surveyed and monumented to the requirements set forth in State statutes(ORS Chapters 92 and 209)and recorded by the County Surveyor. COMMENT: The requirements of this section will be met. C. Procedure: The Director shall review and approve the application when it is found that it meets this Ordinance and the State Building Codes. COMMENT: The Applicant will provide the property line adjustment documents for final approval to the Approval Authority. varah�a Fa u�i7M iii�ca� ..._ 84 M-VFI0PnrFNr c:0nnPANY 197 5.02 Type 11(Quasi-Administrative)Decisions General Requirements A. The purpose of this Section is to identify what types of actions are considered Type 11 decisions. Type 11 Decisions involve the exercise of limited interpretation or exercise of policy or legislative judgment in evaluating approval criteria. The Director evaluates the request and issues a decision giving approval, approving with conditions, or denying the application. The Director's decision is appealable to the City Council with notice to the Planning Commission, by any party with standing (i.e., applicant and any person who was mailed a notice of decision). The City Council then conducts a public hearing. The City Council's decision is the City's final decision and is appealable to LUBA (Land Use Board of Appeals)within 21 days after it becomes final. B. To initiate consideration of a Type 11 decision, a complete City application,accompanying information, and a filing fee must be submitted to the Director. The Director will evaluate the application as outlined in this Section. 5.02.01 Access Permit to a City Major or Minor Arterial Street 5.02.02 Architectural Standard Substitution 5.02.03 Design Review, Type 11 5.02.04 Exception to Street Right of Way and Improvement Requirements 5.02.05 Partition, Preliminary Approval 5.02.06 Zoning Adjustment COMMENT: Per Section 4 (procedures)the Applicant will seek preliminary approval from the Director for any Type II permit proposed. One Type II application is a request for an Exception to the Right-of-Way and Improvement Requirements under Section 5.02.04. The Applicant requests this for several rights of way: 1. The necked down section of Stubb Road over the drainage area 2. The proposed 50 feet wide Stoller Street right-of-way section, and the north 100 feet lot segment of 55 feet wide section for Simon Street right-of-way. 3. The proposed unique alley section in McCullum Lane west of proposed Killian Spring Parkway, 4. The proposed unique alley sections in Merriott Lane north of Killian Spring Parkway, and 5. The proposed wider sidewalk on Kirksey Street, Stubb Road, and Parr Road where the sidewalk and off-street path are combined See response to Section 5.02.04 & 5.03.03 below for more details. It is the Owner's intent to record the 3-Lot Partition (PP#1) approved by the County prior to annexation. That Partition will divide the newly enlarged Property 4 (as configured after PLA#1 is recorded) into three separate parcels (see Exhibit C-17). varaha Fa ui7M iii�ca� ..._ 85 M-VF10PnrFN1c:0nnPANV 198 The proposed PP#1, like the property line adjustments referenced above, meets all the provisions of City Code for this kind of Type II request, however the Owner processed this proposed partition through the County because the review and approval schedule of the County is timelier and will allow the Owner to achieve the terms of the purchase agreement with the Applicant. The intent of the planned partition is to create parcels that match the proposed phase lines of the Smith Creek development, and allow the Owner to sell its property to the Applicant for urban development in parts, while retaining ownership of other parts, to sell those parts of the property to the Applicant as they are ready for development in later phases. Note that because each of these phases stand alone, development of the first or first few phases, without development of the later phases (should the owner's and Applicant's sales agreement be terminated for whatever reason) does not inhibit the development of any later phase, rather they facilitate development of those later phases Parcel 1 of the proposed partition plat will be Phase 2C, which as noted above can stand alone. Parcel 2 will be the area for Phase IA. Parcel 3 will be the area for the Phase 2B, Phase 3B, and Phase 4B, which with sanitary sewer service extended through parcel 2 can stand alone as a development site. The partition application to the County meets the City requirements for a Type II permit, and details of it are provided here for reference under Section 5.02.05 below. The Applicant is not requesting other kinds of Type II permits listed here, thus those sections are omitted for brevity. 5.02.04 Exception to Street Right of Way and Improvement Requirements A. Purpose: The purpose of a Type 11 Street Exception is to allow deviation from the street standards required by this Ordinance(Section 3.01)for the functional classification of streets identified in the Woodburn Transportation System Plan.An exception for a development reviewed as a Type 1 or 11 application shall be considered as a Type 11 application, while development reviewed as a Type 111 application shall be considered a Type 111 application. COMMENT: The proposed exceptions meet the purpose of this section as they are requests to deviate from the street standards required by this Ordinance (Section 3.01). The proposed exceptions described above in the list#1-5 (and described in other parts of this application)is normally a Type II Street Exception, however, it is adjacent to a Type III land use application (PUD and Subdivision), and as a result, per this section, such an application for an exception will be considered for approval as a Type III application. This changes the approval authority for the requested modifications from City Staff to the Type III Approval Body. See also responses to 5.03.03 Exception to Street Right of Way and Improvement Requirements below. varah�a Fa u�i7M iii�ca� ..._ 86 M-VF10PnrFN1c:0nnPANV 199 B. Criteria: 1. The estimated extent, on a quantitative basis, to which the rights-of-way and improvements will be used by persons served by the building or development,and whether the use is for safety or convenience; 2. The estimated level, on a quantitative basis, of rights-of-way and improvements needed to meet the estimated extent of use by persons served by the building or development, 3. The estimated impact,on a quantitative basis,of the building or development on the public infrastructure system of which the rights-of-way and improvements will be a part, 4. The estimated level, on a quantitative basis, of rights-of-way and improvements needed to mitigate the estimated impact on the public infrastructure system. COMMENT: See responses to 5.03.03.B below. C. Proportionate Reduction in Standards: An exception to reduce a street right-of-way or cross-section requirement below the functional classification standard may be approved when a lesser standard is justified, based on the nature and extent of the impacts of the proposed development. No exception may be granted from applicable construction specifications. COMMENT: See responses to 5.03.03.0 below D. Minimum Standards: To ensure a safe and functional street with capacity to meet current demands and to ensure safety for vehicles, bicyclists and pedestrians, as well as other forms of non-vehicular traffic, there are minimum standards for rights-of-way and improvements that must be provided to meet the standards of this Ordinance(Section 3.01). COMMENT: See responses to 5.03.03.13 below 5.02.05 Partition, Preliminary Approval A. Purpose: The purpose of this Type 11 review is to ensure that partitions-the dividing of a single lot into 3 or less lots within one calendar year-comply with this Ordinance, with the Land Use and Development Standards and Guidelines(Sections 2 and 3), and applicable Oregon State Statutes. COMMENT: The information on the proposed partition is provided for reference, as the proposed Partition Plat#1 of Property 4 (see Exhibit C-17, PP#1)following Property Line Adjustment#1 (see Exhibit C-16)is being processed by the Owner through the County, but meets Type II review criteria of the City, too. varah�a Fa u�i7M iii�ca� ..._ 87 M-VFI0PnrFNr c:0nnPANV 200 B. Criteria: Preliminary approval of a partition requires compliance with the following: 1. The preliminary partition complies with all applicable provisions of this ordinance. COMMENT: PP#1 complies with requirements of this Section. 2.Approval does not impede the future best use of the remainder of the property under the same ownership or adversely affect the safe and efficient development of any adjoining land. COMMENT: All the property of the proposed PP#1 is under the same ownership. PP#1 does not impede the future development of the remainder of the property, it facilitates it as described above. It allows for the Applicant to purchase Parcel 2 and Parcel 3 of the partition plat one at a time from the owner, in more palatable sizes, so development of the parcels may proceed in phases. It also allows the owner to maintain ownership and use of the parcels not scheduled for initial development or an upcoming phase. 3. The proposed partition is served with City streets, water,sewer and storm drainage facilities with adequate capacity. COMMENT: Each parcel of the proposed partition is served with City streets, water, sewer, and has access to storm drainage facilities with capacity to serve development of the subject lots. 4. That the partition takes into account topography, vegetation and other natural features of the site. COMMENT: The partition considers the topography vegetation and other natural features of the site. It is flat, with limited vegetation and a drainage crossing proposed Parcel 2. 5. That adequate measures have been planned to alleviate identified hazards and limitations to development. a. For regulatory wetlands, these shall be the measures required by the Division of State Lands. b. For unstable areas, demonstration that streets and building sites are on geologically stable soil considering the stress and loads to which the soil may be subjected. COMMENT: There are no hazards or limitations to development of the site for the proposed partition because no improvements are proposed on the lots with the partition. Improvements are planned with subdivision addressed elsewhere. varah�a Fa u�i7M iii�ca� ..._ 88 M-VF10PnrFN1c:0nnPANV 201 5.03 Type III(Quasi-Judicial)Decisions 5.03 General Requirements A. The purpose of this Section is to identify what types of actions are considered Type 111 decisions. Type 111 decisions involve significant discretion and evaluation of subjective approval standards, yet are not required to be heard by the City Council, except upon appeal. The process for these land use decisions is controlled by ORS 197.763. Notice of the application and the Planning Commission or Design Review Board hearing is published and mailed to the applicant,recognized neighborhood associations and property owners. The decision of the Planning Commission or Design Review Board is appealable to the City Council. The City Council's decision is the City's final decision and is appealable to the Land Use Board of Appeals. B. To initiate consideration of a Type 111 decision, a complete City application, accompanying information, and filing fee must be submitted to the Director. The Director will evaluate the application as outlined in this Section. 5.03.01 Conditional Use 5.03.02 Design Review, Type 111 5.03.03 Exception to Street Right of Way and Improvement Requirements 5.03.04 Manufactured Dwelling Park, Preliminary Approval 5.03.05 Phasing Plan for a Subdivision, PUD, Manufactured Dwelling Park or any other Land Use Permit 5.03.06 Planned Unit Development(PUD), Preliminary Plan Approval 5.03.07 Planned Unit Development(PUD), Design Plan Final Approval 5.03.08 Special Conditional Use-Historically or Architecturally Significant Building 5.03.09 Special Use as a Conditional Use 5.03.10 Subdivision Preliminary Approval 5.03.11 Telecommunications Facility, Specific Conditional Use 5.03.12 Variance COMMENT: Per Section 4 (procedures), the Applicant seeks preliminary approval from the Planning Commission for these below listed Type III permit requests concurrent with annexation application review. The Applicant requests the Planning Commission place a condition on all the Type III permits that the Applicant receive approval of the Type IV requests listed in Section 5.04 below. The Type II request for Exception to Street Right-of- Way and Improvement Requirements under 5.02.04 above will be considered as a Type III application, per that Section. The Type III applications submitted with this application include (Exception to Street Right of Way and Improvement Requirements,) Phasing Plan for a Subdivision, PUD; Planned Unit Development(PUD); Preliminary Plan Approval (a.k.a. Conceptual Development Plan); Planned Unit Development(PUD), Design Plan Final Approval (a.k.a. Detailed Development Plan); Subdivision Preliminary Approval; and Variances. See below for more details. The Applicant is not requesting other kinds of Type III permits listed here, thus those sections are omitted for brevity. .r 1 I. ill kI IeNJ,,L' varaha Fa ui7M iii�ca� ..._ 89 M-VF10PnrFN1c:0nnPANY 202 5.03.03 Exception to Street Right of Way and Improvement Requirements A. Purpose: The purpose of a Type 111 Exception is to allow a deviation from the development standard required for the functional classification of the street identified in the Transportation System Plan. Street exceptions are processed in conjunction with a development proposal that is a Type 111 application. COMMENT: The Applicant requests Exceptions to Street Right of Way and Improvement Requirements for the following segments of rights-of-way: 1. The necked down section of Stubb Road over the drainage area 2. The proposed 50 feet wide Stoller Street right-of-way section, and the north 100 feet lot segment of 55 feet wide section for Simon Street right-of-way. 3. The proposed unique alley section in McCullum Lane west of proposed Killian Spring Parkway, 4. The proposed unique alley sections in Merriott Lane north of Killian Spring Parkway, and 5. The proposed wider sidewalk on Kirksey Street, Stubb Road and Parr Road where the sidewalk and off-street path are combined (see Site Plans Exhibit C-8 and Exhibit C-11) B. Criteria: 1. The estimated extent, on a quantitative basis, to which the rights of way and improvements will be used by persons served by the building or development, whether the use is for safety or convenience; 2. The estimated level, on a quantitative basis, of rights of way and improvements needed to meet the estimated extent of use by persons served by the building or development, 3. The estimated impact,on a quantitative basis,of the building or development on the public infrastructure system of which the rights of way and improvements will be a part,and 4. The estimated level, on a quantitative basis, of rights of way and improvements needed to mitigate the estimated impact on the public infrastructure system. COMMENT: Each of the four criteria for each of the requests are addressed below in turn. 1: It is estimated that all of the persons served by the development will use, at one point or another in the future the rights-of-way proposed to be modified by this application, except of course that likely fewer residents will use the proposed alleys. The rights-of-way will be used for convenience to access the properties and in some cases for safety to allow emergency vehicles to access the adjacent properties. The rights-of-way as modified would continue to serve this purpose sufficiently. No reduction in lane width nor sidewalk width is proposed on any street. In fact, lane width is proposed to be increased on Stoller and Simon Streets, sidewalk width is proposed to be increased on the necked down portion of Stubb Road, and on one side of Simon Street as well as on one side of Kirksey Street, Stubb Road and Parr Road, and concrete pavement surface is proposed to be added to alleys asphalt paving where serving lots with no other street frontage, so that the paved surface will exceed the minimum width for an alley and fire lane, thus access for safety and convenience will be improved with approval of these requests. varah�a Fa u�i7M iii�ca� ..._ 90 M-VF10PnrFN1c:0nnPANV 203 2: In the case of streets it is estimated that two travel lanes and at least a sidewalk on one side meeting ADA standards is necessary to support the estimated extend of use by the persons served by the development, and in the case of the alleys, a minimum width of 20 feet is needed to serve emergency access vehicles to any dwelling that's sole frontage on a public right-of-way is an alley, but could be less than 20 feet in an alley that serves dwellings that have frontage on a public street(i.e. all lots served by Marriot Lane south of Ben Brown Lane and north of Hershberger Lane). The requested modified rights-of-way and improvements will provide these estimated levels. 3: The estimated impact of the development on the rights-of-way and improvements served by the development is described by the Applicant's TIA(See Exhibit I). The modifications proposed are to alleys, a local street and a segment of an access street. The TIA does not identify any issue with the proposed modifications because most are not ways of high capacity. Stubb Road is the exception, as it is an Access Street. The estimated volumes on that street are listed in the TIA. The proposed modification will not affect that capacity because the travel lane width is not proposed to be reduced from the standard for that Boundary Street. The pavement width of the local street proposed to be modified will increase, so that will not affect that street's capacity other than to enhance it. No sidewalks are proposed to be removed, they are only proposed to be widened on some streets, so the impact to pedestrian movement is not inhibited, it is only improved and protected. 4: The estimated level of rights of way and improvements needed to mitigate the requested modifications include widening the alley rights-of-way where lots only frontage is the alley to 25 feet, 5 feet wider than an alley as the width of an alley is defined in the code, and extending the Public Utility Easement to from 5 feet wide to 10 feet wide where sidewalks are wider on Kirksey Street, Stubb Road and Parr Road along the open space tracts. No mitigation is needed for Stoller Street or Simon Street as the impacts don't warrant any. The right-of-way required is less. The proposed sections are alternative local street sections or hybrid sections of those found in the WDO and serves the street as good or better than the standard local street in a 60 feet wide right-of-way, because the paved section is wider and street trees will be placed in easements on the lots. C. Proportionate Reduction in Standards: An exception to reduce a street right of way or crosssection requirement below the functional classification standard may be approved when a lesser standard is justified based on the nature and extent of the impacts of the proposed development. No exception may be granted from applicable construction specifications. COMMENT: No exception is requested for applicable construction specifications. There is no proposed reduction in street right-of-way for the proposed exceptions to Kirksey Street, Stubb Road or Parr Road. The proposed exception is in the section, which would widen the PUE and add sidewalk width on one side. The proposed exceptions to the alley ways listed would actually increase the right-of-way width. It would change the section to add a five feet wide sidewalk at the back of the mountable curb on one side, and this is justified to add the capacity for emergency vehicle access to these alleys where it is the lots only frontage. varah�a Fa u�i7M iii�ca� ..._ 91 M-VF10PnrFN1c:0nnPANV 204 The exception to allow Stoller to have a section matching Figure 3.01H of the WDO would not put the right-of-way below that of its functional class, as the street is proposed as a local street, and the proposed section is a local street section in the WDO and TSP. The same is true for Simon, as it is a hybrid of the two standard street sections. The reduction in the section of Marriot Lane between Ben Brown Lane and Hershberger is 0.5 feet on either side to protect the property pins from pavement. The right-of-way width is standard. Thus, the paved width of the alley from back of mountable curb to back of mountable curb will be 19 feet in a 20 feet wide right-of-way, instead of 20 feet of pavement in a 20 feet wide right-of-way as suggested in the code. Protection of the property pins by offsetting pavement is justified since this alley is not a fire lane and 19 feet wide pavement in a 20 feet wide alley right of way will function for the purpose of access for residents to lots. The request on Stubb Road is to provide standard 66 feet wide right-of-way dedication. The reduction is in the cross section requirement. It will eliminate on-street parking and the planter strip over the drainage. This elimination is justified based on the surrounding natural area we be protected and the impact to right-of-way function will be negligible. The sidewalk width will remain standard and the lane widths will remain standard for a boundary street, 11 feet each. The pavement width and curb location will taper as necessary on both sides, and the sidewalk on the east side will taper to curb tight at the pinch point. This exception is proportionate and the lesser standard is justified to protect the natural resource. The improvement to the north and south of the tapered reduced section is proposed to be built in excess of the minimum 22 feet of pavement for a boundary street which mitigates any reduction requested. D. Minimum Standards: To ensure a safe and functional street with capacity to meet current demands and to ensure safety for vehicles, bicyclists and pedestrians, as well as other forms of non-vehicular traffic, there are minimum standards for right of way and improvement that must be provided to meet the standards of this Ordinance(Section 3.01). Deviation from these minimum standards may only be considered by a variance procedure. COMMENT: The modifications proposed will not reduce the lane widths or sidewalk widths below minimum standards for right-of-way to ensure safe and functional street capacity and safety of the street. The proposed pavement width is 22 feet at the narrowest, which is the standard for a boundary street serving vehicles and bicyclists in a shared lane. Section 3.01 contains street sections with curb tight sidewalks, so pedestrians on the sidewalk will be served. The minimum standards are provided. No exceptions to the construction specifications are proposed. Within the PUD there are exceptions requested as well. They are allowed without variance through the PUD process, per Section 3.09.06. (See Exhibit C-11 - Street Key) varah�a Fa u�i7M iii�ca� ..._ 92 M-VFI0PnrFNr c:0nnPANV 205 5.03.05 Phasing Plan for a Subdivision, PUD, Manufactured Dwelling Park or any other Land Use Permit A. Purpose: The purpose of a Type 111 Phasing Permit is to allow phased construction of development while meeting the standards of this ordinance(Sections 2 and 3), while providing fully functional phases that develop in compliance with the tentative approval for the development. COMMENT: The Applicant seeks approval of the proposed Phasing Plan for subdivision and planned unit development of the subject property as shown on Exhibit C-6, and described in detail here. This phasing plan meets the standards of this ordinance and provides fully functioning phases (see also response to Section 3.09.10 Phasing). B. Criteria: The proposed phasing of development shall. 1. Ensure that individual phases will be properly coordinated with each other and can be designed to meet City development standards;and COMMENT: The individual phases are properly coordinated as they allow progressive development of the property that permits further development of the later phases and adjacent properties with stubbed utilities services and access, and burdens no one phase with all the required improvements of the proposed development. In some cases, earlier phases are built with extra capacity to serve later phases, demonstrating they are properly coordinated and will facilitate continued development in the area. 2. Ensure that the phases do not unreasonably impede future development of adjacent undeveloped properties; COMMENT:). All the surrounding properties are already developed except the properties to the west and south west. The phased development of the property will extend streets to the west and south along the boundary of adjacent properties in phases. This phased development will bring urban services to those adjacent properties, which are within the Urban Grown Boundary, facilitating future development. 3. Ensure that access, circulation, and public utilities are sized for future development of the remainder of the site and adjacent undeveloped sites. COMMENT: Roads through the site are sized to serve the future development of all the phases. This includes circulation via three new Access Streets and other Local Streets. These new streets will be connected to existing communities improving their travel options and will serve adjacent undeveloped property needs for future development. Utilities in the plans show service to the site and oversized services to accommodate adjacent property, including oversized sanitary sewer lines, storm water infrastructure in earlier phases sized to serve later phases, and common area along the drainage sized to accommodate future 100-year flood events without flooding homes. varah�a Fa u�i7M iii�ca� ..._ 93 M-VF10PnrFN1c:0nnPANV 206 5.03.06 Planned Unit Development(PUD), Conceptual Development Plan Approval A. Purpose: The purpose of a Type 111 PUD Conceptual Development Plan Approval is to ensure that the proposed development complies with all provisions of this ordinance. The PUD process is intended to provide incentives for greater creativity and adaptability in development design, through a process that allows flexibility in the application of standards, while at the same time meeting the overall intent of this Ordinance(Sections 2 and 3). PUDs are governed by Section 3.09. COMMENT: This purpose statement is not an approval criterion. PUD development of the subject site complies with all provisions of this ordinance and meets the intent as addressed in this application and in more detail above under Section 3.09. The Applicant requests the flexibility of this section to facilitate the creative and innovative approaches to residential development. The PUD proposes flexibility of the development standards, unique street sections and a variety of uses, and is development appropriate to the site considering its constraints. B. Criteria: Approval of a Conceptual Development Plan shall require compliance with the following: 1. That approval does not impede the future best use of the remainder of the property, or adversely affect the efficient development of any adjoining land or access thereto. COMMENT: Approval of the proposed PUD does not impede the future development of the subject property, it allows for efficient development of the property by extending existing stubbed access and utilities to all parts of the site, beginning with improvement of Ben Brown Lane, an Access Street shown in the TSP. It also facilitates development of adjoining property by bringing improved access and utilities to areas inside the urban growth boundary. 2. The proposed development is served with City streets, water,sewer and storm drainage facilities with adequate capacity. COMMENT: The preliminary plans were prepared by a professional engineer in consultation with City staff and designed to provide adequate capacity for each phase of the proposed development, and oversized where necessary to serve adjacent properties in the future. Utility plans and the storm drainage and hydrology reports are provided as exhibits to demonstrate the facilities have adequate capacity. The streets proposed to be modified with unique cross sections per Section 3.09 and 3.09.06 are designed to retain capacity for vehicles and pedestrians. Streets within the project with curb tight sidewalks, like in Phase 4B, will have more pavement width and sidewalks that will better serve the high traffic areas with the alternative sections proposed. The other streets are standard and at frequencies required in the TSP to serve the area. Capacity of the streets is also evidenced by the TIA, see Exhibit I. varah�a Fa u�i7M iii�ca� ..._ 94 M-VFI0PnrFNr c:0nnPANV 207 3. That the partition takes into account topography, vegetation and other natural features of the site. COMMENT: The PUD considers the topography, vegetation and other natural features of the site. It is flat, with limited vegetation and a drainage crossing from the SW to the NE. The natural features are protected to the greatest extent possible and the layout of the streets and infrastructure work with the challengingly flat topography to get proper drainage. 4. That adequate measures have been planned to alleviate identified hazards and limitations to development. a. For wetlands, these shall be the measures required by the Division of State Lands for regulatory wetlands. COMMENT: There are no hazards or limitations to development of the site for the proposed PUD. There are no unstable areas, so those provisions are not applicable. Improvements are planned to avoid all wetlands, so no impacts are expected to those areas, thus no measures are anticipated to be required by state agencies. Coordination is planned at time of site construction permit application of each respective Phase to ensure compliance. 5.If phased, that the development of the subdivision is balanced with the need for urbanization within the Woodburn Urban Growth Boundary. COMMENT: The PUD will be developed in phases and will develop the first portion of the Nodal District. This zone is identified in the Comprehensive Plan as a new zone with a need for development to meet the variety of housing type needs of the City of Woodburn. This Plan, along with anecdotal information the Applicant has received from those in the community at neighborhood meetings held, demonstrates there is a latent demand for the proposed type of housing in the City of Woodburn. ECONorthwest in the year 2002 showed a year 2020 population projection of 26,290 based on a 2.1%population growth per year(see Exhibit N). The current estimated US Census population as of July 1, 2016, is 25,590. Based on a continued growth of 2.1%per year from July 2017 as indicate below, the 2020 population will be 27,807. This number is 1,517 persons higher compared to the year 2002 ECONorthwest projection. Year Previous Year Pop. Growth Rate Pop. Increase New Population 2017 25,590 2.1% 537 26,127 2018 26,127 2.1% 548 26,675 2019 26,678 2.1% 560 27,235 2020 27,235 2.1% 572 27,807 Total 3-year Population Increase from 2018 to 2020 =1,680, or 560 persons per year varah�a Fa u�i7M iii�ca� ..._ 95 M-VF10PnrFN1c:0nnPANV 208 The Woodburn Residential Land Needs Analysis (see Exhibit O)projects a year 2020 population of 34,919. However, this projected growth was delayed a few years because of the 2008 recession. The US Census Data (see Exhibit M)indicates 3.11 as the average number of persons per household and an annual growth rate of 2.8%. If the average population increase from the year 2018 to 2020 will be 560 persons per year, as projected by EcoNorthwest's lower growth rate. This equals 180 housing units per year based on an average household size of 3.11 persons per dwelling unit. House construction on the subject site will start in the fall of 2019 with occupancy in the winter of 2019. With construction of approximately 808 housing units over a 5-year period equals 162 housing units per year, beginning with delivery of approximately 151 dwelling units of varying sizes and types in Phase IA This is well within the amount of housing projected by the City of Woodburn for absorption annually, which is balanced urbanization for the city. 6. That the requested flexibility in development standards is justified by commensurate public benefits. COMMENT: There is a myriad of public benefits that will come with approval of the proposed project that justify the flexibility requested by the PUD. They include, but are not limited to: 1. Avoidance of impacts to natural resources, where street crossings of the drainage is necessary per the TSP, with alternative street sections that span over, and neck down at, the drainage. 2. Protection of natural resources identified on the Local Wetland Inventory Map in large common area tracts. 3. Preservation of open space in common area tracts linked and linearly arranged to accommodate wildlife movement and natural drainage flows. 4. Development of the public off-street path improvements along the Smith Creek drainage as envisioned in the TSP and the Parks greenway trail system. This will include a path connection across the City's property east to Settlemier Ave. 5. Recreation areas in the form of ball fields, playgrounds in private common area tracts to reduce the demand on existing public parks. 6. Significant perimeter landscaping on Parr Road, that will be installed by the developer/home builders and be managed by the homeowners association. This landscaping and fencing will enhance the aesthetic of the community and streetscape for all in the public. 7. Bonus off-street parking spaces proposed in private tracts will reduce the demand for on-street parking, making on-street parking more available for the public. varah�a Fa u�i7M iii�ca� ..._ 96 M-VF10PnrFN1c:0nnPANV 209 8. In an area of town where Settlemier is one of the few options for north-south vehicle travel, and Hayes Street is one of the few options for east-west vehicle travel, the street connectivity created by improvement of two Access Streets shown on the TSP, Ben Brown Lane and Stubb Road, and a third one proposed as Killian Spring Parkway, will significantly improve the transportation network for the public. They will increase travel options for the public. 9. A common open space tract is proposed in Phase IA at two locations along the north boundary to facilitate utility and pedestrian connectivity by the public from adjacent communities to and through the project site. a. One is located between proposed Phase IA Lots 12 & 13. It is 30-feet wide with a paved path stub and is sufficiently wide enough to allow City maintenance access to the existing undeveloped right-of-way to the north. b. The other is located between proposed Phase IA Lots 22 and 23 and is also 30-feet wide. It will allow placement of utilities and preservation of existing utilities by and for the public from the adjacent lot to the north, which is owned by the adjacent community association and has a public easement reserved over that lot for such uses. (The lot is a vacated public street right-of- way which reserves the public's right for use except construction of a street.) It should allow future pedestrian connectivity to and through the site from the adjacent development, if desired. 10. Construction of the Stubb Road boundary street, from Parr Road to the existing point of terminus of the Stubb Road right-of-way with a 32 feet pavement width that allows for two standard 12-feet wide travel lanes, an 8 feet wide area on one side for on- street parking, and sidewalk and planter strip on one side, is a roadway wider than required for a boundary street and will serve the public better than the minimum pavement width the code requires of a boundary street. The pavement width of Stubb Road along this segment of"half-street" improvement will be 10 wider than the required minimum of 22 feet pavement width for a boundary street. This improvement will better serve the public parking needs and accommodate traffic circulation better than the minimum required (area of street exception request over the drainage excepted). 11. The smaller cul-de-sac proposed in concert with alley access and the proposed hammerhead type turnarounds help maintain emergency access while reducing the pavement area needed for turnarounds. This reduces the storm water generated from excessive impervious services that cul-de-sacs of standard size can represent. This reduction reduces the volume of storm water from large paved areas and the heat island affect, both general benefits for the public. varah�a Fa u�i7M iii�ca� ..._ 97 M-VF10PnrFN1c:0nnPANV 210 12. Smaller cul-de-sac coupled with alley access as proposed also reduces the surface area of pavement the City will need to maintain. This is achieved in the PUD with no loss of access or functionality. 13. Some of the unique street sections proposed will have curb tight sidewalks. This will allow for parked car passengers to have more hard surfaces where they are needed, namely underfoot when exiting a parked vehicle, as planter strips in high traffic areas can get very muddy, they are eliminated in this area in favor of curb tight sidewalks with street trees in easements in the front yards. This will be a public benefit for all who park on those public streets. 14. Some of the unique street sections proposed will have wider travel lanes. Where proposed on a street where there are no driveways on one or both sides to provide gaps and refuge for a driver when confronted with on-coming traffic, this PUD element will be a public benefit to users of the street as they will have more room to pass oncoming traffic. They will also have more room to maneuver when parallel parking. 15. The flexibility in side yard setbacks and lot area of PUD Standard lots, PUD Small lots and PUD Row house lots allows for more efficient use of the land with more reasonable lot shapes that help meet the City's need for a mix of housing types to serve all income levels and desired price points. The Applicant's approach to create Attainability, Balance and Choice in housing in the development serves the public. 16. Efficient use of urban land in the formation of street layout, lots design, and dwelling construction is a public benefit as it reserves land for other valuable uses, like tree and natural features preservation, paths and flood plain preservation. The extra area is used to provide significant common area and open spaces. (see Site Plans Exhibit C-8). 7. That the proposed PUD is compatible with surrounding developments and neighborhoods. COMMENT: The correct meaning of the phrase"compatible with surrounding developments and neighborhoods" is a frequently encountered issue. Turning to Webster's Third New International Dictionary, the term "compatible" is defined as follows: "Capable of existing together in harmony." Capable of existing together without discord or disharmony. varah�a Fa u�i7M iii�ca� ..._ 98 M-VFI0PnrFNr c:0nnPANV 211 Webster 's Third New International Dictionary, 1993. See generally Vincent v. Benton County, 5 Or LUBA 266 (1982), aff'd, 60 Or App 324, 653 P2d 279 (1982) (noting this definition). The same dictionary offers the following definitions of the terms used in the definition above. Harmony: "Correspondence, accord" <lives in harmony with her neighbors> Correspondence: "the agreement of things with one another, a particular similarity." Accord: "to bring into agreement : reconcile." LUBA has stated that even though compatibility is defined as there being an"agreement," it does not require that the surrounding landowners necessarily agree that the proposed use is compatible. Clark v. Coos County, 53 Or LUBA 325 (2007). Rather, it is up to the decision- maker to make a determination, based on the evidence in the record, whether the proposed use is compatible with its surroundings. The first step in analyzing this criterion is to determine the nature and scope of the proposed use. In this case, the PUD development is being proposed on a portion of the site that is currently undeveloped and has very little in way of"surrounding developments or neighborhoods." In fact, the proposed Smith Creek development has been carefully designed so that the lower density developed lands to the north and east are being buffered from higher density development proposed as part of the PUD. In this regard, the applicant proposes to build lower density conforming residential housing types (as opposed to PUD housing)in the areas immediately abutting existing lower density housing located to the North and East of the subject property. By using standard conforming housing as a buffer between the PUD and existing low density housing to the north and east, the proposed development remains "compatible" with those adjacent uses. varah�a Fa u�i7M iii�ca� ..._ 99 M-VF10PnrFN1c:0nnPANY 212 Land to the west and south of the PUD is currently being used for rural residential housing. The PUD will also be compatible with existing land uses to the West and South. Most of these properties are developed with rural residential houses on '/z acre to 5-acre lots. It is expected that most of these properties will be redeveloped in the next 20 years. These rural residential uses are separated from the PUD by Stubb Road and Parr Road, which creates a buffer between the two uses. All of the rural residential homes in this area are set back from Stubb Road and Parr Road by at least 40 feet setbacks, and many of the homes are set back 100 feet or more. Given these distances and the presence of high-volume roads, compatibility issues are not anticipated between these residents and landowners living in the PUD. Most of the small lots in the PUD area(SFD-33, SFDA-34, & SFDA-32) allow for lots that are actually wider than the minimum 30 feet width for a small lot of the RSN underlying zone making them vary compatible with adjacent future small lot nodal developments. In the area of RMN, the attached dwelling lots are only two feet narrower than a typical interior row house in the underlying zoning district, again making them very compatible with row houses in adjacent future nodal developments. The PUD is also buffered by land which is outside the PUD boundary, but which is located within the subject property, and which is proposed for development which meets the Standard Nodal District lot size. It is buffered to the southeast by Kirksey Street and a future multi-family Mixed-Use PUD development lot and standard rear yards that act as buffer yards adjacent to the manufactured home community (instead of alleys). The higher density portions of the PUD are in the area of the RMN zone. The attached row houses are on the south side, near multi-family, school, park, and future commercial uses. These adjacent higher intensity uses are located closer to the higher intensity residential uses within the PUD ensuring compatibility. 8. That the tentative plan complies with all applicable provisions of this ordinance. COMMENT: Compliance with all the applicable provisions of this ordinance has been demonstrated in this and the other Exhibits. varah�a Fa u�i7M iii�ca� ..._ 100 M-VF10PnrFN1c:0nnPANV 213 5.03.07 Planned Unit Development(PUD), Detailed Development Plan Approval A. Purpose: The purpose of this Type 111 review is to ensure that the Detailed Development Plan provides sufficient detail to ensure compliance with the standards of this ordinance(Sections 2 and 3)and that the design elements of development are consistent with the preliminary approval of the Conceptual Development Plan. COMMENT: This purpose statement is not an approval standard. The narrative and drawings submitted with this application demonstrate compliance with Sections 2 and 3 of the WDO. The Conceptual Development Plan and Detailed Development Plan are Type III permits submitted to the Planning Commission for consolidated review and approval concurrent with the annexation application review, and therefore are consistent with the Conceptual Development Plan described above. B. Criteria: 1. The Detailed Development Plan shall substantially conform to the approved Conceptual Development Plan, including conditions of approval. COMMENT: The Conceptual Development Plan and Detailed Development Plan are submitted for consolidated review, and therefore are consistent. 2. The Detailed Development Plan shall refine and make specific the Conceptual Development Plan. COMMENT: The Conceptual Development Plan and Detailed Development Plan are submitted for consolidated review and make specific the proposed improvements See attached exhibits including Plat Exhibits C-7, Site Plans Exhibit C-8 and Utility Plans Exhibit C-9. 3. The Detailed Development Plan shall demonstrate that the requested flexibility in development standards is justified by commensurate public benefits. COMMENT: The Conceptual Development Plan and Detailed Development Plan are submitted for consolidated review, and this criterion is addressed in detail above in response to Section 5.03.06.13.6. and supported by the narrative and drawings in the Exhibits to this application. The flexibility results in six different PUD lot and housing types that, in combination with the abundance of common area and other amenities, and in relationship with the three standards nodal housing and lot types outside the PUD boundary, create a community that enhances Woodburn. This PUD approach is preferred over creating a monotonous development of cookie-cutter housing that is allowed outright by a subdivision. 4. The Detailed Development Plan shall demonstrate that the proposed PUD is compatible with surrounding developments and neighborhoods. COMMENT: The Conceptual and Detailed Development Plans are submitted for consolidated review, and this criterion is addressed in detail above in response to Section 5.03.06.B.7. and supported by the narrative and drawings in the Exhibits to this application. varah�a Fa u�i7M iii�ca� ..._ 101 M-VF10PnrFN1c:0nnPANV 214 5.03.10 Subdivision Preliminary Approval A. Purpose: The purpose of a Type 111 Subdivision decision is to ensure that the division of properties into 4 or more lots complies with the standards of this Ordinance(Sections 2 and 3). Subdivisions are allowed in all zones,provided the proposal meets applicable standards. COMMENT: This purpose statement is not an approval standard. The proposed subdivision of the subject property into more than four lots complies with the standards of Sections 2 and 3, and the Applicant requests review and approval of this Type III request by the Planning Commission concurrent to review of the annexation application. B. Criteria: Preliminary approval of a Subdivision shall require compliance with the following: 1. That approval does not impede the future best use of the remainder of the property under the same ownership or adversely affect the safe and efficient development of the remainder of any adjoining land or access thereto. COMMENT: Approval of the subdivision, phased as shown, does not impede future development of the property under the same ownership. To the contrary, the creation of lots conforming to the phasing plan actually helps facilitate development of the remainder of the property by extending access and services, and brings the same to adjoining properties. 2. That the proposed development shall be served with city streets, water,sewer and storm drainage facilities with adequate capacity. COMMENT: The preliminary plans were prepared by a professional engineer in consultation with City staff. The plans are designed to provide adequate capacity for each phase of the proposed subdivision, and are oversized where necessary to serve adjacent properties in the future. 3. That the plan for the development takes into account topography, vegetation and other natural features of the site. COMMENT: The plan for development considers the topography vegetation and other natural features of the site. It is flat, with limited vegetation and a drainage crossing from the SW to the NE. The plan works with the site and preserves natural features. varah�a Fa u�i7M iii�ca� ..._ 102 M-VF10PnrFN1c:0nnPANV 215 4. That adequate measures have been planned to alleviate identified hazards and limitations to development. a. For wetlands, these shall be the measures required by the Division of State Lands for regulatory wetlands. COMMENT: There are no hazards or limitations to development of the site for the proposed subdivision. There are no unstable areas, so those provisions are not applicable. Improvements are planned to avoid all wetlands, so no impacts are expected to those areas, thus no measures are anticipated to be required by state agencies, and coordination is planned at time of site construction permit application of each respective Phase to ensure compliance. 5. The preliminary plat complies with all applicable provisions of this Ordinance(Sections 2 and 3), except where waived by variance. COMMENT: This development complies with all requirements of Sections 2 and 3, except the requested modifications of the street standards as addressed by that code and variances as addressed by that code, and where exceptions are allowed through the PUD process without variance. .r 1 I. ill kI leN,J,L' varah�a Fa u�i7M iii�ca� ..._ 103 M-VF10PnrFN1c:0nnPANV 216 5.03.12 Variance A. Purpose: The purpose of this Type 111 Variance is to allow use of a property in a way that would otherwise be prohibited by this Ordinance. Uses not allowed in a particular zone are not subject to the variance process. Standards set by statute relating to siting of manufactured homes on individual lots;siding and roof of manufactured homes;and manufactured home and dwelling park improvements are non- variable. COMMENT: This purpose statement is not an approval standard. B. Criteria: A variance may be granted to allow a deviation from development standard of this ordinance where the following criteria are met: 1. Strict adherence to the standards of this ordinance is not possible or imposes an excessive burden on the property owner, and 2. Variance to the standards will not unreasonably impact existing or potential uses or development on the subject property or adjacent properties. COMMENT: There are several variance requests submitted for Type III review by the Planning Commission concurrent to the annexation application. The Applicant is requesting several variances to facilitate the proposed Smith Creek development. The PUD Section 3.09.06 states modifications may be proposed without a variance; therefore, this variance application is proposed for portions of the subdivision outside of the Detailed Development Plan area of the PUD, or for elements of the WDO not allowed to be modified through a PUD. The WDO Site Development Standards Table 2.02C contain most of the issues requiring this variance request. Strict adherence to the standards would be an excessive burden on the developer and approval would not unreasonably impact uses or development of the property or those adjacent. Therefore, the requested variances meet the criteria for variance approval listed above. The Applicant is proposing variance to the following standards for all lots identified as SFD- 60 and SFDA-40 in the subdivision. Without these variances elements of these lots would otherwise be prohibited by Nodal Residential Single-Family Site Development Standards, Table 2.02C. 1. The Minimum Street Frontage for a Small lot and Row house. The minimum lot width for an interior Small lot and Row house lot is 30 feet, yet the minimum street frontage is 40 feet in the table. This would effectively require all small lots to be 40 varah�a Fa u�i7M iii�ca� ..._ 104 M-VF10PnrFN1c:0nnPANY 217 feet wide, 10 feet more than the minimum width. The Applicant seeks a variance to allow street frontage minimum to equal the lot width minimum for these lots. (i.e. See Lot 10 in Phase 2A—Area A on Sheet 5 of Exhibit C-7.) 2. Minimum Front Setback and Setback abutting a Street. The minimum is 20 feet which is the same as garage. Having the same setback for the garage and building can result in flat, monolithic facades. Footnote#4 allows for 5 feet of variation in some instances. The Applicant requests a 5 feet variance to allow a 15 feet front building and street side setback for Standard lots and Small lots in the subdivision. The garage door may then be up to five feet recessed from parts of the front of the building. This will allow architectural interest and depth to the facade of the homes in the Nodal area to create a strong identity. 3. The Standard Lot Coverage maximum is 40% where primary building height is less than 16 feet and is 35%when more than 16 feet. The applicant requests that the Standard lot coverage maximum (excluding accessory structures) simply be 50%for all RSN Standard lots in the subdivision for all lots with building heights of less than 35 feet. For a Standard lot meeting the minimum area of 6,000 square feet that is 60 feet wide by 100 feet deep, for example, the 50% standard would allow a home that is about 50 feet wide by 60 feet deep when the standard setbacks of 20 feet front garage and rear, and 5 feet interior side, are applied. That would be a 3,000 square feet footprint. This variance will facilitate more single story or ranch style homes in the community, which local residents and the market are often asking for from the Applicant. The 40% standard makes it infeasible to deliver a single story home with sufficient square footage in the home needed to deliver a quality product the community wants, particularly when, covered porches, and any accessory structure, like a tuff shed, are included in the total, too. The 35% standard for a 2-story structure means for a typical 6,000 square feet lot you immediately lose 300 square feet of the ground floor if you decide you want an upstairs. That is the loss of a ground floor room of 15'x20', the master bedroom on the main floor, for example! In order to keep within these ratios lots must be huge, and that makes it hard for a person in the community to afford. These two standards are too much of a burden. The area of a building footprint left when they are applied is not enough to deliver on the ground floor a master bedroom, two or three bedrooms, several bathrooms, a den, a kitchen, a dining room, and family or living room, all typical features of a single story dwelling on a Standard lot. This variance for a proposed 50%lot coverage standard for all lots will allow for a 3,000 square feet footprint on a typical 6,000 square feet lot. The change is only 600 square feet more lot coverage than the standard, which is reasonable, and will make it reasonable and possible for builders to build one story homes. See Typical Lots Exhibit C-5 and Exhibit D. varah�a Fa u�i7M iii�ca� ..._ 105 M-VF10PnrFN1c:0nnPANV 218 The Applicant is proposing a variance (#4)to the Nodal Overlay District WDO Section 2.04.05.B.1. & 2. that will allow SFD-33 PUD Small lots to have garages in the front and parking and maneuvering in the front with access from the lot to a public street as shown on the Site Plans Exhibit C-8 (see also Color Lot Type Map Exhibit C-4). These lots are adjacent to common open space and natural features and existing development where an alley and vehicle movement would not be appropriate. It would be an unnecessary burden to place an alley behind these lots. (i.e. See Lot 111 in Phase IA—Area C on Sheet 3 of Exhibit C-7.) C. Factors to Consider. A determination of whether the criteria are satisfied involves balancing competing and conflicting interests. The factors that are listed below are not criteria and are not intended to be an exclusive list and are used as a guide in determining whether the criteria are met. COMMENT: These factors are not criteria, but rather a guide, and are discussed below as to relevance. The above listed grounds for the variance meet the above two approval criteria. The Nodal zone is a relatively new creation, and its code will be applied with this application for the first time since adoption. This is a factor for why many variances are being requested. 1. 1. The variance is necessary to prevent unnecessary hardship relating to the land or structure, which would cause the property to be unbuildable by application of this Ordinance. Factors to consider in determining whether hardship exists, include: a. Physical circumstances over which the applicant has no control related to the piece of property involved that distinguish it from other land in the zone,including but not limited to, lot size,shape,and topography. b. Whether reasonable use similar to other properties can be made of the property without the variance. c. Whether the hardship was created by the person requesting the variance. COMMENT: The language set forth in Factor 1 does resemble traditional variance criteria, which have in the past been viewed in other jurisdictions as strict standards, at least when they appear in a code as approval criteria. Erickson v. City of Portland, 9 Or App 256 (1972), Wendland v. City of Portland, 22 Or LUBA 15 (1991). However, the City of Woodburn made this language merely a"factor" which is to be considered and balanced against other competing interests. Making these factors non-mandatory signals legislative intent to treat variances in a less strict manner as compared to jurisdictions that treat this language as an approval standard. LUBA distinguished the "traditional strict variance" line of cases in another line of cases beginning with Sokol v. City ofLake Oswego, 17 Or LUBA 429 (1989). In Sokol, the court held that where local government variance standards include additional elaboration on the traditional "unnecessary hardship" criterion, LUBA will not interpret this standard to require that the subject property be virtually useless without the variance or that the hardship arise varah�a Fa u�i7M iii�ca� ..._ 106 M-VF10PnrFN1c:0nnPANV 219 from conditions inherent in the land which distinguish it from other land in the neighborhood. Sokol has been followed many times by LUBA in cases such as Friends of Bryant Woods Park v. City ofLake Oswego, 26 Or LUBA 185 (1993); Edwards v. City of Portland, 27 Or LUBA 262, 270 (1994); and deBardelaben v. Tillamook County, 31 Or LUBA 131, 136, reversed on other grounds 142 Or App 319 (1996). In deBardelaben, LUBA explained: "We made a distinction [in Sokol] between such traditional strict standards and more permissive variance standards adopted by some local governments, noting that no Oregon appellate decision has limited, on constitutional, statutory, or other grounds, the scope of discretion which may be exercised by local governments in establishing the standards for the approval of variances [internal quotation marks omitted]."Id at 136. LUBA's decision in deBardelaben was reversed on other grounds by the Court of Appeals, but this aspect of LUBA's decision was specifically affirmed. The Court of Appeals in deBardelaben stated: "While we do not imply that extrinsic authority dealing with analogous issues cannot be instructive to local decision makers, or to LUBA and us in reviewing local interpretations of local land use legislation, Clark and ORS 197.829(1) make clear that, at least where no issues of state law are involved, the principal focus in that review must be on the language, purpose and policy of the local legislation itself." deBardelaben, 142 Or App at 3 03. More recently, LUBA reached a similar conclusion in Robinson v. City of Silverton, 37 Or LUBA 521, 527 (2000), stating: "Petitioner cites a number of decisions by the Court of Appeals and this Board that address traditional variance standards. Lovell v. Independence Planning Comm., 37 Or App 3, 586 P2d 99 (1978); Wentland v. City of Portland, 22 Or LUBA 15, 24-26(1991); Patzkowsky v. Klamath County, 8 Or LUBA 64, 70 (1983). Those cases are of little or no assistance in resolving the present appeal, because the variance criteria in SMC 2 The Court of Appeals reversed LUBA's decision in deBardelaben because LUBA failed to give sufficient deference to the County's interpretation that the property's"highest and best use"was a"reasonable economic use" sufficient to support a variance. deBardelaben, 142 Or App at 302. varaha Fa u�i7M iii�ca� ..._ 107 DrVF10P riFN1 c:0nnPANV 220 17.24.020 are worded differently than the traditional variance criteria that were at issue in those appeals. Petitioner does not acknowledge the difference in language or make any attempt to explain why those cases remain relevant despite the fact that the criteria are worded differently. [footnote omitted; emphasis added.]" LUBA reinforced this holding in.ICK Enterprises, LLC v. City of Cottage Grove, 64 Or LUBA 142 (2011), aff'd w/o op. Or App (2012). In.ICK Enterprises, opponents appealed the city's decision of three land use applications to facilitate development of two restaurants on two lots. The petitioners challenged the variance approval, claiming that court and LUBA interpretations of"traditional" variance criteria limit variances to truly extraordinary circumstances. LUBA disagreed that the city's interpretation of its variance standards is constrained by long-standing judicial opinions of similar traditional variance standards, because a governing body's interpretation of local variance standards is entitled to deference under ORS 197.829(l). As described above, development of the lots strictly to the language of the code related plans create undue hardship as the design would create a less efficient development pattern, which in turn would unnecessarily raise the cost of housing. As land becomes more expensive and less affordable, efficiency of land development becomes of paramount importance from a public policy standpoint. It also is a hardship to meet the lot coverage and the dimensional standards at the same time without the variances requested. The City is interested in seeing a diversity of housing products being brought to the marketplace, and the fact that these variances will facilitate the construction of single-story dwellings is a factor that warrants deviation from the code standards. The hardship was not created by the Applicant or Owner, but instead relates to the conditions inherent in the land. 2. Development consistent with the request will not be materially injurious to adjacent properties. Factors to be considered in determining whether development consistent with the variance materially injurious include, but are not limited to: a. Physical impacts such development will have because of the variance,such as visual, noise, traffic and drainage,erosion and landslide hazards. b. Incremental impacts occurring as a result of the proposed variance. COMMENT: There will be no additional noise or traffic generated by the variances as the lots remain the standard size. The variances do not result in any increased density so there are no added traffic impacts. The site is flat so there are no drainage, erosion or landslide hazards. There will be no negative incremental impacts as a result of the proposed variances. The result will be the possibility for more variety in placement of the dwelling on the lots, varah�a Fa u�i7M iii�ca� ..._ 108 M-VF10PnrFN1c:0nnPANV 221 allowing a more textured and distinct streetscape, as opposed to cookie cutter housing with the exact same lot sizes and setbacks for every dwelling and porch. 3. Existing physical and natural systems,such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected because of the variance. COMMENT: The variances are being considered as part of an overall master planned development that broadly considers a wide range of impacts on all of the physical and natural systems in the surrounding area. The dimensional standards for which variances are sought do not result in increased density or changes in the way public facilities or services are provided to the development. No existing physical and natural systems will be adversely affected because of the variances. In fact, impacts to the common areas and open spaces will be avoided by not placing alleys behind the SFD-33 lots adjacent to them. 4. Whether the variance is the minimum deviation necessary to make reasonable economic use of the property, COMMENT: The variances keep lot size equal to the standard. In terms of the dimensional standards, the applicant has requested the minimum amount of deviation from the standard that still allows the creation of the desired design for the lots. Approval of these variances will allow for the construction of dwellings of reasonable size and shape commensurate with lot size, without creating undue conformity. 5. Whether the variance conflicts with the Woodburn Comprehensive Plan. COMMENT: There are no elements of the Woodburn Comprehensive Plan that conflict with the requested variances. When it comes to serving SFD-33 lots the Comprehensive Plan is more flexible than the code, as it says alleys shall be allowed for small lots, not required. So, the variance request to not have alleys to these lots is reasonable and does not conflict with the plan. .r 1 I. ill kI leN,J,L' varah�a Fa u�i7M iii�ca� ..._ 109 MrVF10P riFN1 c:0nnPANV 222 [THIS PAGE IS INTENTIONALLY LEFT BLANK] STAFFORD VVQO aHJIi7M C PE' ,ON ..._ 110 DFVF10PnrFN1c:0nnPANV 223 5.04 Type IV(Quasi-Judicial)Decisions General Requirements A. The purpose of this Section is to identify what types of actions are considered Type IV decisions. Type IV decisions involve the greatest amount of discretion and require evaluation of approval standards. These decisions are heard by the Planning Commission and City Council. The process for these land use decisions is controlled by ORS 197.763. Notice of the land use application and public hearing is published and mailed to the applicant,recognized neighborhood associations and property owners. The City Council decision is the City's final decision and is appealable to the Land Use Board of Appeals. B. To initiate consideration of a Type IV decision, a complete City application, accompanying information, and filing fee must be submitted to the Director. The Director will evaluate the application as outlined in this Section. 5.04.01 Annexation 5.04.02 Comprehensive Plan Map Change, Owner Initiated 5.04.03 Formal Interpretation of the Woodburn Development Ordinance 5.04.04 Official Zoning Map Change, Owner Initiated COMMENT: The Applicant requests two Type IV permits. Following the Section 4 procedures the Applicant seeks Planning Commission recommendation of approval at a preliminary hearing held to review these two requests, and then the Applicant requests City Council review and approval of these two Type IV requests. Type IV permit sections not applied for are omitted for brevity. 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. COMMENT: This purpose statement is not an approval criterion. The proposed annexation is for territory contiguous to the City and this application complies with all requirements plans and ordinances for annexation. B. Mandatory Pre-Application Conference:Prior to requesting annexation to the City, a Pre-Application Conference(Section 4.01.04) is required. This provides the city an opportunity to understand the proposed annexation and an opportunity to provide information on the likely impacts, limitations, requirements, approval standards, and other information that may affect the proposal. COMMENT: A pre-application conference was conducted with the City on February 2, 2017 and again on August 8, 2017. The Applicant held several follow-up meetings including on February 5, 2018 and April 19, 2018. varah�a Fa u�i7M e�i�i rcan� ..._ MrVF10P riFN1 c:0nnPANY 224 C. Criteria: 1. Compliance with applicable Woodburn Comprehensive Plan goals and policies regarding annexation. COMMENT: The proposed annexation complies with the Woodburn Comprehensive goals and policies regarding annexation as evidenced below: [From Page 30-31 of the Woodburn Comprehensive Plan(July 2012)] Annexation Goals and Policies Goal G-2. The goal is to guide the shape and geographic area of the City within the urban growth boundary so the City limits: (a)Define a compact service area for the City, (b)Reflect a cohesive land area that is all contained within the City,and (c)Provide the opportunity for growth in keeping with the City's goals and capacity to serve urban development. COMMENT: The current boundary of the City of Woodburn forms a `U' shape around the subject property, giving the city boundary in this area the appearance of a cookie bite outlining the shape of the subject property. The annexation of this area will fill in this gap, or void, between portions of the existing City and its associated service area creating a cohesive land area. The application for annexation will add territory while keeping the service area compact in shape by filling in the "bite" Filling in this area through annexation will make the areas northwest and southeast of the subject property less isolated. This annexation provides the opportunity for growth of housing opportunity, development of new public and private amenities such as parks and trails, preservation of natural features such as the drainage and significant trees, and improved circulation and connectivity, all which help meet City goals. The annexation will utilize readily available services stubbed to the property in local street rights-of-way as well as expand the transportation system capacity with new routes and improved rights-of-way. The property is also well located to be served by other existing public facilities such as public schools on the north and south side of the subject property and an existing large public park on the south side. It will also facilitate utility extensions with the potential to serve a future Nodal District commercial area and other residential areas helping the City achieve development of the Nodal District as envisioned in the Comprehensive Plan. varah�a Fa u�i7M iii�ca� ..._ 112 M-VFI0PnrFNr c:0nnPANV 225 [C.Criteria 1.-continued] Policies G-2.1 For each proposed expansion of the City, Woodburn shall assess the proposal's conformance with the City's plans, and facility capacity and assess its impact on the community. COMMENT: As demonstrated in this Exhibit and other Exhibits the proposed annexation and development conforms with the City's plans for nodal district zoning and development, and capacity exists as identified by the service provider letters. The impact on the community will be limited as the development of portions of the subject site along boundaries with other developments includes appropriate lot sizes and setbacks, proportionate improvements to the transportation network and utility extensions will be made and paid for by the developer, and conform to plans for such extensions and expansions of public services. G-2.2 Woodburn will achieve more efficient utilization of land within the City by: (a)Incorporating all of the territory within the City limits that will be of benefit to the City. (b)Providing an opportunity for the urban in-fill of vacant and underutilized property. (c)Fostering an efficient pattern of urban development in the City, maximizing the use of existing City facilities and services, and balancing the costs of City services among all benefited residents and development. (d)Requiring master development plans for land within Nodal Development Overlay or Southwest Industrial Reserve overlay designations prior to annexation. Master plans shall address street connectivity and access, efficient provision of public facilities, and retention of large parcels for their intended purpose(s). COMMENT: The proposed development on the land to be annexed represents an efficient pattern of development and thereby an efficient utilization of land within the City upon annexation. It would also maximize use of the existing facilities stubbed to the subject property for the purpose of extension into the site. It would re-balance the costs of City services among all benefited residents by adding rate payers with the new dwelling residents to pay additional funds to maintain the infrastructure's existing capacity. The developer will pay for all new on-site infrastructure to serve the lots. The builders of dwellings on the new lots also pay system development charges to pay a fair share for planned expansion of facilities in the capital improvement plans of the City, and to help the City meet local match dollars for larger projects with the State. Finally, the Applicant has provided a Master Plan for the entire Nodal Overly District(see Exhibit C-15)to conceptually outline street connectivity, public services and facilities in a way that preserves the ability of large parcels to develop with their intended use. 113 Mx„<10PMFN1C0MPANw 226 [C.Criteria 1.-continued] G-2.3 Woodburn will use annexation as a tool to guide: (a) The direction,shape and pattern of urban development, (b)Smooth transitions in the physical identity and the development pattern of the community, and (c) The efficient use and extension of City facilities and services. COMMENT: This is a directive to the City staff and is not an approval criterion. The City can use approval of this annexation request to square off the SE corner of the City at Stubb Road and Parr Road supporting completion of development that has begun in the area and supporting the shape and pattern of infrastructure needed for future growth. The pattern of development in this area, including along the borders of the site, will be consistent as proposed, and create a smooth transition from existing development into the Nodal Overlay District with boundaries along streets with open space and community maintained landscaped areas, large lots adjacent to low density residential and a pattern of development creating a clear identity for the area. Proposed street and utility extensions are efficient and direct. The proposed annexation meets the goals and policies of the Comprehensive Plan regarding annexation listed above. 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. COMMENT: The subject property is contiguous with the City limits on 3 sides. All public utilities and services are available and stubbed to the site (see Exhibits C-8, C- 9, & C-11). Service provider letters have been included in this application to demonstrate adequate capacity for public facilities (see Exhibit H). 3. Annexations shall show a demonstrated community need for additional territory and development based on the following considerations: COMMENT: This criterion requires the Applicant to "show a demonstrated community need" for additional territory and development. The City has set forth a series of"considerations" that is intended to guide the analysis. Each consideration is not an independent mandatory approval standard. The Code's use of the word "should" indicates that the city views the consideration as desirable, but an applicant does not have to establish compliance with each consideration so long as on balance, evidence of community need is established. 114 Mx„<<0PMFNIC0MPANw 227 [C.Criteria 3.-continued] 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; COMMENT: The subject property is contiguous to the City on 3 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, COMMENT: As further discussed in responses above to Section 5.03.06.B.5 of this report, if the average population increase from the year 2018 to 2020 will be 560 persons per year, as projected by EcoNorthwest's lower growth rate (see Exhibit N), this equals a need for a housing supply of over 180 housing units per year. This is based on an average household size of 3.11 persons per dwelling unit. House construction on the subject site will start in the fall of 2019 with occupancy in the winter of 2019. With construction of approximately 808 housing units over a 5-year period, this equals 162 housing units per year, beginning with delivery of approximately 151 dwelling units of varying sizes and types in Phase IA. This is well within the amount of housing projected by the City of Woodburn for absorption annually, which is balanced urbanization for the city. The availability of Low and Medium Destiny land in the city limits of the type in the Nodal Overlay District is currently very low, as this is the first proposed development in this district, and annexation of Smith Creek will provide needed territory for development to create a supply of Low and Medium density land of the type envisioned for the Nodal Overlay District by the Comprehensive Plan. This need is demonstrated in the Comprehensive Plan. The lands in the Nodal District are described as a unique housing variation need. As this area proposed for annexation is the first Nodal area to be developed, it is the first area to meet this latent demand for a new housing type mix described in the Comprehensive Plan. Once this new land is available for development, the absorption rate is expected to be higher than historical averages, due to the fact that the zone allows for and the Applicant is proposing new housing types not available in other zones. 115 Mx„<10PMFN1C0MPANw 228 [C.Criteria 3.a.-continued] 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; COMMENT: The City of Woodburn has recently coordinated with ODOT on a massive capital improvement project involving improvements to Hwy 214 and the City street intersections near its intersection with Interstate 5. This project was to help meet the existing road capacity needs and the growing needs of future development in the City of Woodburn. Annexation of the Smith Creek development site will direct growth to use these public facilities funded by this capital improvement program since the development is on the west side of town near the interchange. The Traffic Impact Study prepared by the Applicant shows new vehicle trips using these facilities. The City has also spent capital improvement funds on the Sanitary Sewer infrastructure in Hayes Street directly north of the Smith Creek site. Portions of sanitary sewer capacity needed for the site will be served by these capital improvements, so approving the annexation proposed will direct growth to use these newly funded and constructed public sanitary sewer facilities. The City is also in the process of acquiring right of way and preparing plans and designs for a road widening and capital improvement project on Hayes Street between Settlemier Avenue and Cascade Drive. The project will make a new connection to Hayes Street along this section over the roadway easement obtained for this purpose. Thus, approval of the annexation of the Smith Creek site will direct growth and new vehicle trips to this section of roadway improvement the City is funding through its capital improvement program. varah�a Fa u�i7M iii�ca� ..._ 116 M-VF10PnrFN1c:0nnPANV 229 [C.Criteria 3.a.-continued] 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. COMMENT: This criterion has two parts. First, the applicant must demonstrate that the site is feasible for development. Second, the applicant must demonstrate that one of two conditions exist: either 4(a) or 4(b) must be proven. In this case, both alternatives are met. Feasibility of Site development. The Applicant has demonstrated that the site is feasible for development through this application and supporting exhibits. The geotechnical report (see Exhibit J) and the utility plans (see Exhibit C-9) demonstrate the soil is stable for construction and the site can be served. Extension of Collector Street Pattern. The extension of Parr Road, a Service Collector Street, is shown on the City's TSP. Annexation and development of the subject site will cause Parr Road to be improved on its north side. Connection of Existing Stub Streets. Two access streets will be improved, Stubb Road and Ben Brown Road. The existing stubbed streets adjacent to the subject property, Harvard Drive, Desantis Drive, Austin Avenue, Smith Drive, Stubb Road and Ben Brown Lane will be interconnected. Thus, Smith Creek development is in compliance with the above standard. varah�a Fa u�i7M iii�ca� ..._ 117 M-VF10PnrFN1c:0nnPANV 230 [C.Criteria 3.a.-continued] 5)Annexed[property] 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. COMMENT: A limited supply of land is available in the city to satisfy the demand for housing units. Page 31 of the Woodburn Residential Land Needs Analysis report (Exhibit O)identifies the need for Nodal Zoned land to satisfy the need for housing. The report indicates that"in order to better represent and implement the housing types indicated as needed by the Land Needs Model and by our demographic analysis, we created two new plan designation overlays: a Nodal overlay and Vertical Mixed Use overlay. The nodal overlay is applied to Single Family Residential,producing Nodal Low Density Residential or Medium Density Residential,producing Nodal Medium Density Residential'. Annexation and development of the subject property will meet this identified housing need. Annexation and development will also create needed alternative and parallel traffic routes to Settlemier and Hayes streets in the SW area of Woodburn in the form of improvement of Ben Brown Lane and Stubb Road. Public street improvement of the Stubb Road right-of-way and Harvard Drive right-of-way to Parr Road will also solve an identified pedestrian connectivity issue between residential neighborhoods along and adjacent to Harvard Drive and the school and park along Parr Road, where currently pedestrians can only make that connection by trespassing or via an out of direction route of excessive distance. The annexation and development will also create trials along the drainage shown on the TSP and Parks greenway plans, and result in placement of the drainage in protected open space tracts preserving it for storm water flow, floodplain capacity, and habitat benefits. b.[omitted as not applicable] varah�a Fa u�i7M iii�ca� ..._ 118 M-VFI0PnrFNr c:0nnPANY 231 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. COMMENT: This application includes a Petition for Annexation using statutory process set forth in ORS 222.125. This statute provides as follows: The legislative body of a city need not call or hold an election in the city or in any contiguous territory proposed to be annexed or hold the hearing otherwise required under ORS 222.120 (Procedure for annexation without election) when all of the owners of land in that territory and not less than 50 percent of the electors, if any, residing in the territory consent in writing to the annexation of the land in the territory and file a statement of their consent with the legislative body. Upon receiving written consent to annexation by owners and electors under this section, the legislative body of the city, by resolution or ordinance, may set the final boundaries of the area to be annexed by a legal description and proclaim the annexation. 100% of the property owners and two, or all, of the electors currently residing on the property signed the annexation consent forms and the waiver forms. This meets the procedure under both Section 5.04.01 D.b. & c. above. Typically, when an Applicant (consisting of one or more landowners) seeks to have land annexed using the "double majority" or"100% consent" processes; the landowner collects statements of consent to annexation from the various landowners and electors living in the territory. These consents have a one-year expiration date, unless a separate written agreement waiving the one-year period, or specifying a different time period, has been entered into between the landowner(or an elector) and the city. ORS 222.173. There is generally no consideration given to the landowner or elector in exchange for signing the statement of consent. As discussed above, the local government is required to provide the landowner with an annexation plan. ORS 222.175; Skourtes v. City of Tigard, 250 Or 537, 444 P2d 22 (1968). .r 1 I. ill kI IeNJ,,L' varah�a Fa u�i7M iii�ca� ..._ 119 M-VFI0PnrFNr c:0nnPANV 232 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. COMMENT: This section is not applicable (N/A) because all of the property owners of the property to be annexed signed the application. ORS 222.125. 3. The City may initiate annexation of an island(ORS 222.750), with or without the consent of the property owners or the resident electors.An island is an unincorporated territory surrounded by the boundaries of the City.Initiation of such an action is at the discretion of the City Council. COMMENT: This section is not applicable (N/A) as this is not a city initiate request and is not an island annexation. 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. COMMENT: Designating zoning for the southern portion of the property RMN (Nodal Medium Density Residential), the northern portion RSN(Nodal Single Family Residential), and the area of Tax Lot 4000, referred to here as Property 4, RS (Residential Single Family), is a zoning approach consistent with the Woodburn Comprehensive Plan Designations as required by this Section. (See Exhibit C-14) varah�a Fa u�i7M iii�ca� ..._ 120 M-VF10PnrFN1c:0nnPANV 233 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. COMMENT: The boundary street dedication of sufficient land to meet the requirements for right-of-way from centerline to back of right-of-way along existing frontage of the subject property with existing lengths of Stubb Road, Parr Road, and Ben Brown Lane required by this subsection F.1. above will be processed by the appropriate instrument as part of annexation according to procedures of the City, and the Applicant requests acceptance of this property for roadway purposes. An easement will be granted for public utilities at the back of dedicated street right-of-way described here as part of annexation by an instrument in a form approved by the City as required by subsection F.2 above. Per subsection F.3 above the street improvements will be developed (improved)upon development of site construction of the respective adjacent phase. Connection to each property to sanitary sewer, public water, and storm drainage will be made upon development site construction of the respective phase of development of that property. varah�a Fa u�i7M iii�ca� ..._ 121 M-VFI0PnrFNr c:0nnPANV 234 5.04.04 Official Zoning Map Change, Owner Initiated A. Purpose: The purpose of an Owner Initiated Official Zoning Map Change is to provide a procedure to change the Official Zoning Map, in a manner consistent with the Woodburn Comprehensive Plan. COMMENT: This purpose statement is not an approval criterion. The proposed Zoning Map Change is consistent with the above purpose. The Zoning Map Change is required because of the annexation of the subject property into the City of Woodburn. The land needs to be designated a zone, per Section 5.04.0l.E, as described above, and the proposed Zoning Map Change will do this consistent with the Woodburn Comprehensive Plan. (See Exhibit C-14, C-15, and F-3) B. Criteria: The following criteria shall be considered in evaluating an Official Zoning Map Change; 1. Demonstrated need for the proposed use and the other permitted uses within the proposed zoning designation. COMMENT: The need for the proposed low and medium density residential land uses within the proposed zoning designations of RSN, RSM are outline in the Comprehensive Plan, and no other developable land with this designation exists in the City limits. This need and the need for the lots within the area designated RS is further supported by the above code responses to development criteria and annexation criteria. Again, see Page 31 of the Woodburn Residential Land Needs Analysis report (Exhibit O), which identifies the need for Nodal Zoned land to satisfy the need for housing. The area known as Phase 2C was added to this annexation application to avoid creating an island of unannexed land and is receiving the zoning designation appropriate for that area per the Comprehensive Plan. 2. Demonstrated need that the subject property best meets the need relative to other properties in the existing developable land inventory already designated with the same zone considering size, location, configuration, visibility and other significant attributes of the subject property. COMMENT: The RSN and RMN designations are new zones, and does not exist anywhere else in the developable land inventory, so this property fits the need better than any other. It is highly visible, and as described above, is surrounded by the City like a cookie bite, making its location suitable. The stubbed streets and utilities to the property, which needed to be extended through the site to facilitate annexation and development in the future of additional property in the Nodal Overlay District, is an attribute that makes it more suitable than other properties. varah�a Fa u�i7M iii�ca� ..._ 122 M-VF10PntiFN1 C0iMPANv 235 3. Demonstration that amendments which significantly affect transportation facilities ensure that allowed land uses are consistent with the function,capacity,and level of service of the facility identified in the Transportation System Plan. This shall be accomplished by one of the following: a. Limiting allowed land uses to be consistent with the planned function of the transportation facility,or b.Amending the Transportation System Plan to ensure that existing,improved, or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule;or, c.Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation. COMMENT: In 2005, the City of Woodburn expanded its Urban Growth Boundary to include the parcels in the Smith Creek Development. The findings for that land use decision explicitly stated that the City's transportation system was adequate to handle these newly added lands: "Woodburn's periodic review amendment package included an amended 2005 TSP. The adopted TSP establishes a transportation system that is adequate to serve lands within the proposed UGB and URA and is consistent with the Marion County TSP and the Oregon TSP."' Additionally, the City found: "The City revised the TSP to reflect changes in population, employment and land use adopted in the 2005 comprehensive plan. The 2005 TSP includes goals and objectives, forecasts traffic growth in the city, and identifies transportation improvements needed to satisfy the forecasted growth. The 2005 TSP: • Establishes the functional classifications of roads and streets • Evaluates interchange alternatives • Establishes alternative modes of transportation • Meets the Oregon Transportation Rule"4 For this reason, any Zoning Map Change that brings the subject property in conformance with the previously adopted and acknowledged comprehensive plan designation is deemed to be in compliance with Goal 12 and the TPR. In this case, the proposed Zoning Map Change will designate the subject property with zoning as proposed and in conformance with the Comprehensive Plan. 3 City of Woodburn Findings of Fact and Conclusions of Law,at p. 42. 4 City of Woodburn Findings of Fact and Conclusions of Law,"Goal 12: Transportation," at p. 169. varah�a Fa u�i7M iii�ca� ..._ 123 0FVF10PntiFN1 C0iMPANv 236 The applicant has hereby demonstrated that the Smith Creek development limits its proposed land uses to only those uses which are consistent with the planned function of the transportation facility. Thus, this application accomplishes this criterion 3 by means of option ,,a. Limiting allowed land uses to be consistent with the planned function of the transportation facility." The streets serving the site are planned in the TSP for this land use (see also Exhibit G). C. Delineation: Upon approval, a zone change shall be delineated on the Official Zoning Map by the Director.A zone change subject to specific conditions shall be annotated on the Official Zoning Map to indicate that such conditions are attached to the designation. COMMENT: The Applicant recognizes this Section is a directive to the Director. varah�a Fa u�i7M iii�ca� ..._ 124 M-VFI0PnrFNr c:0nnPANV 237 EXHIBIT C- 1 AREA TO BE ANNEXED INTO THE CITY OF WOODBURN IN THE SE 1/4 OF SECTION 12, NELLIE MSIR THE NE, SE, SW, NW 1/4 OF SECTION 13, CLCMCOTARY T.5S., R.2W., AND THE SW 1/4 OF SECTION 7, �ESCHOOL , THE NW 1/4 OF SECTION 18, T.5S., RAW., W.M., V. 5316 MARION COUNTY, OREGON P 17 NE CORNER PARCEL 1, DECEMBER 18, 2017 P.P. 94_110 N00'34'33"E S88'34'32"E _ 'SN p 4 150.18' 399.96' SMITH S88.37'48"E P.O.B. ON 5)v 40. P GRAPHIC SCALE726.07' \ �DESAN775 DR (60' R/W) 500 250 0 250 500 100 ol 7' IN FEET ) rl •1 � P C66 R 1 inch = 500 ft. o SMITH'S 0.3 ENTER BE��p 8) BARN NO.1 pONP 9) TO�WoppB R � MONO P 10 WpESTATEsP. 42) A 32, A V 45, P' (v• v- 2 SEL 2, 3 7 3 �� 1 1 SMISNp 2 PAR2p1p'3 N „�W �Z�' � ApplTlp P 43) P.P 4 1 29, kv. S89'39'39"E 27.84'—\ r� l SMITH OR (60' R/W) PROPOSED ANNEXATION AREA ',? SEL 1'p S67'31'30"E 581.52' © PPR ,' - - - - CITY OF WOODBURN CITY LIMITS BOUNDARY S17'02'17"W 405.87' 04 w 3' RpEL �1p PAR g4,11p PA 94 'PiFs� P.P. P P �Q s� N67.32'20"w 319.48' URVEYING a' AORES a PARR E PARK �J S89'41'09"E 50.00' ISE NpM NO'18'51"E 60.00' 1 / Mph10 N89'39 00 W 1195.31 — �� 3657 KASHMIR WAY SE N89'41'09"W 64.99 3822, So'21'00"W 30.00' PARR ROAD (OR 517) (R/W VAR/ES) �' SALEM,OREGON 97317 RP. 451 N89.39'00"W 571.61' C3� ....... ....................... PHONE (503) 588-8800 FAX I�.... IiiiT .ii.�.................... '" � f (503) 363-2469 . , h II EMAIL:INFOOBARKERWILSON.COM 238 o o w EXHIBIT C� l 1A W U O 1 5 0c w W v� o z I 60' I I I 't'_ cc _ _ 4a 70' EXISTING ROW 33' N Q m 30' 30' I I_ _ _ 33' I (! ca 30' EXISTING RDW � 40' EXISTING ROW T I 34T ' I � � I 40' I =Qr O 5' 5' 7' 7' 10' lo' 7' 7 5 5 O 39' EXISTING PAVEMENT W o �I� 5' 6' 6' 8' 12' 12' 8' 6' 6' 5' O PUE SIDEWALK LANDSCAPE PARKING TRAVEL LANE TRAVEL LANE PARKING LANDSCAPE SIDEWALK PUE _ Rso � WIo PUE SIDEWALK LANDSCAPE PARKING TRAVEL LANE TRAVEL LANE PARKING LANDSCAPE SIDEWALK PUE X iz 17' EXISTING PAVEMENT 22' EXISTING PAVEMENT Z 1 1 W O 5 1 �n LL c o �+J � O m � 1 .�, 1 2% 2% 6 12 I �PUE 2% 2% :..T .� BIKE LANE L.S. SIDEWALK 13' 4' 8' 14' LANDSCAPE SIDEWALKI I .... 5 EXISTING TRAVEL LANE EXISANG EXISTING EXISANG TRAVEL LANE I ACCESS STREET Q PUE TURN TURN LANE STANDARD U STANDARD STANDARD STANDARD 4 6" CURB 6" CURB 2% V� ARIES LANE VAR 2% I I 6" CURB 66'ROW- PARKING BOTH SIDES 6" CURB I LOCAL RESIDENTIAL STREET - BEN BROWN LN.,KILLIAN SPRING PKWY.,&STUBB RD.(PHASE 1A&PHASE 2A) 60'ROW- PARKING BOTH SIDES xN" 40' PAVEMENT/66' ROW �t 7EXISTING CENTER M AUSTIN AVE., BISHOPICK WAY, CORNWELL ST., DESANTIS DR., HALTER AVE., HERSHBERGER AVE., LEFT TURN LANE NEW IMPROVEMENTS SCALE. N.T.S. p SAWTELLE DR. (RUIZ LN. WEST TO STUBB RD.),SMITH DR., THOMAS WAY, YVONNE ST., EXISTING SERVICE COLLECTOR STRIPING Q U W p 48 KIRKSEYST, OSTROM DR., LANA DR., MATTSON WAY, & OSTROM DR., LANDSCAPING PARR ROAD - 70' ROW 2 N � Z 34' PAVEMENT/60' ROW - PARKING BOTH SIDES EXISTING O-' w SCALE: N.T.S. EXISTING PARTIAL STREET IMPROVEMENT 6" CURB z 6 CURBEXISTING 39' PAVEMENT/ 70' ROW QDJ 2 W O Lu W KIRKSEY INTERSECTION EAST : 6 Occ �� O � SCALE. N.T.S. j� Cf) � X CL � �U ~ O 2a o o w 66' ROW - FULL IMPROVEMENT W 55' o W o IMPROVEMENT 30' EXISTING ROW 18' j W ocl. Q I DEPENDENT UPON ROW DEDICATION 4b 60' EXISTING ROW WI �o O O 30' 25' �. FUTURE DEVELOPMENT 48, (n U) Lu O 35.5' 10' S.T.E. 30' EXISTING ROW 30' EXISTING ROW 1 6' ROW I I 15' 20' I w DEDICA TION I 35' Y 17' 18.5' c� O 39' EXISTING PAVEMENT 5' I 5' 7' 7' 10 11' 7.5' 5.5' I 5' = 32' i- 17' EXISTING PAVEMENT 22' EXISTING PAVEMENT FUTURE ROADWAY PUE SIDEWALK LANDSCAPE PARKING TRAVEL LANE TRAVEL LANE PARKING SIDEWALK I PUE w � COMPLETION AT Q) 10' 5' LATER DATE 3' 12' 12' 8' 6' 6' 5' 1 1 ~ TRAVEL LATRAVEL LANE � NE 10' 3' S' 3' 6' 12' P.SW.E. m PARKING LANDSCAPE SIDEWALK PUE ..................................................... EXISANG LS-1EXISTING LANDSCAPE SIDEWALK 11' Z 2% 2% BIKE LANE SIDEWALK 13' 4' 8' 14' ~..................... 5' EXISANG TRAVEL LANE EXISANG EXISTING EXISANG TRAVEL LANE TURN TURN LANE STANDARD LANE 2% 6$' CURB LOCAL RESIDENTIAL STREET 2% VARIES VA REs ACCESS STREET STANDARD �- TEMPORARY STANDARD j 55 ROW- PARKING BOTH SIDES 6" EXTRUDED 66 ROW- PARKING BOTH SIDES 6" CURB CURB STUBB RD.(PHASE 3A SOUTH TO PARR RD.) GUNDERSON AVE.(PICKERING LN. WEST TO STUBB RD.), EXISTING CENTER 6" CURB uj SAWTELLE DR.(RUIZ LN.EAST TO KIRKSEY ST.),& LEFT TURN LANE NEW IMPROVEMENTS 32' PAVEMENT/48' ROW r^ SERVICE COLLECTOR 0 �/J SIMONST.(HERSCHBERGERAVE.SOUTH TOGUNDERSON AVE.) EXISTING STRIPING SCALE. N.T.S. LANDSCAPE PARR ROAD - 66' ROW = J 35.5' PAVEMENT/55' RDW - PARKING BOTH SIDES AREA EXISTING SCALE: N.T.S. EXISTING (30'SOUTH SIDE/36'NORTH SIDE) 6" CURB I I 6" CURB PARTIAL STREET IMPROVEMENT o -' -' Q Z 2 b / Q O 20' TO FACE OF C rL 20' TO FACE OF ()::(3 O O EXISTING 39' PAVEMENT 60' ROW C�O GARAGE DOOR 20 GARAGE DOOR Q O W W PROPOSED 39' PAVEMENT/ 76' ROW O o 55' KIRKSEY INTERSECTION EAST TO END OF EXISTING CURB, PUE 5' _♦ O SOUTH SIDE OF PARR ROAD9.5' 9.5$ PUE 30 wl� 25 SCALE: N.T.S. -.................................L............� TRAVEL LANE TRAVEL LANE� D.5' 35.5' 10' S.T.E 17' 18.5' � W o NOTE: SHED DIRECTION & ot 60' EXISTING ROW W �o 1.25 MOUNTABLE CURB (TYP.) SLOPE DEPENDENT 5' 12' 7' 10' 11' 7.5' 5.5' 5' 4C - v 3" CURB HEIGHT ON SITE GRADING PUE I SIDEWALK PARKING TRAVEL LANE TRAVEL LANE PARKING SIDEWALK I PUE 30' EXISTING ROW 30' EXISTING ROW s' Row 20 ALLEY- SHED SECTION z 0.5' 8' 4' 0.5' 1' DEDICATION 20'ROW- NO PARKING ..`... 2% 2% 39' EXISTING PAVEMENT KLEIN LN., LACEY LN., MILNE LN., RUIZ LN., & z � MERRIOTT LN.(BEN BROWN LANE SOUTH TO HERSBERGER AVE.) �., � , � • , � � ,... 19' PAVED SURFACE 20' RDW � _ ~ 17' EXISTING PAVEMENT 22' EXISTING PAVEMENT Q / co 4'x4 w o TAPERING TO 9' TAPERING TO 11' 10'TREE WELL v SCALE: N.T.S. �n EVER JO STANDARD LOCAL RESIDENTIAL STREET 6TACURBD 5' `� Q 2 Exr PROPOSED 6' 12' Q P.SW.E. 6 CURB CL CL STRIPE W 55'ROW- PARKING BOTH SIDES PUE LL_ PAVEMENT LANDSCAPE SIDEWALK Q J J z W Z CURB TIGHT SIDEWALK WITH 4'x 4'TREE WELL WITH GRATE O I O 20' TO FACE OF CL CL Q O a W p GARAGE DOOR 25 5' O O EADEN STREET O 35.5' PAVEMENT/55' ROW - PARKING BOTH SIDES .•••... 5' O o ' m VARIES VARIES_ 2�° 20' A FACE OF z SCALE: N.T.S. " �L.. �- 9.5' 9.5' GARAGE DOOR W I` 7RAVEL LANE 7RAVEL LANE m I I I� 6M�z „ CURB 5' NEW IMPROVEMENTS' ,3 SERVICE COLLECTOR x 0.5' �� ►I NOTE SHED DIRECTION & 50' PARR ROAD - 71' ROW WALK 1 25' MOUNTABLE CURB (TYP.) SLOPE DEPENDENT 1 3” CURB HEIGHT ON SITE GRADING Q N 25' 25' (35'SOUTH SIDE/36'NORTH SIDE) HALF STREET IMPROVEMENT 25'ALLEY- SHED SECTION WITH 24' EMERGENCY ACCESS 10' S.TE 37' 10' S.T.E. EXISTING 39' TAPERING TO 20' PAVEMENT/EXISTING 60' ROW 25'ROW- NO PARKING Z PROPOSED 22' PAVEMENT/36' ROW NORTH SIDE OF PARR ROAD BRENTANO LN.,LIVESAY LN.,McCALLUM LN.,NICHOLS LN.,PICKERING LN.,& 18.5' 18.5' FROM END OF EXISTING CURB, SOUTH SIDE OF PARR ROAD, MERRIOTT LN. HERSBERGER AVE.SOUTH TO GUNDERSON AVE. ( ) 5' I 5.5' 7.5' 11' 11' 7.5' S.5' WEST TO STUBB ROAD I 5' SCALE. N.T.S. 19' PAVED SURFACE/5' SIDEWALK /25' ROW �. PUE I SIDEWALK PARKING TRAVEL LANE TRAVEL LANE PARKING SIDEWALK I PUE SCALE. N.T.S. rr RR (v 2% 2% a LOCAL RESIDENTIAL STREET x x oc STANDARD STANDARD w w z V 6" CURB 50 ROW- PARKING BOTH SIDES 6" CURB LLJ GUNDERSON AVE.(PICKERING LN.EAST TO SIMON ST.),STOLLER ST.,SIFUENTEZ CT. 63' 35.5' PAVEMENT/55' ROW - PARKING BOTH SIDES 30' EXISTING ROW 15' EXISTING ROW 18' ROW DEDICATION I I ' ' O O co SCALE. N.T.S. W , 7 I 37' I O ` (o EXIST. 13' EXISITNG 17' EXISTING 12' 8' 6' 6' 5' Z Et � Lo Lo PUE LANDSCAPE TRAVEL LANE TRAVEL LANE I PARKING LANDSCAPE SIDEWALK PUE O CC N J 2% I _ :5 I QL EXISTING ACCESS STREET STANDARD STANDARD I 6" CURB 63'ROW- PARKING ONE SIDE 6" CURB BEN BROWN LANE,• KELOWNIA STREET WEST TO EAST PROPERTY LINE OF LOT 92, PHASE 1A SHEET 37' PAVEMENT/63' RDW SCALE. N.T.S. 1 tto .I ii n u .t.... ... . ::::.1... .......... OF SECTIONS,8/24/2018 5:37:04 PM 239 ' EXHIBI 11 B q O SPRING PKWY I q o � LLj 15 ' 26 ' Lu I q O ao a a, ado 3 ' q ' 12 20 97 Oc cc .. r...., ... 5 . .. Z) -00 PUE PUE 0•.5 U N 5 9 32 I WALK E—5 _ o 20 ' 20 98 WALK 103 GO LL o .�. m 18.5' 18.5' 6 6 I O 0' 2348 99 102 PHAE - - >- 15 8 1" — — q Q q �����°" CURB TRANSITION 3A o I I I �_ 1.5 � 100 � � FROM 6 WIDE TL 1000 _ R=1" Q _ , STANDARD TO 1.25' — q q I I R-1 / �� „, MOUNTABLE (TYP.) o TRACT R o 5 I I R=0.25 °r J j 11011 _� .....A, I/ CIO � W cc a z a Yn .u. ALLEY r " U � 122 � � � 7 0 . _ � 5 I EXISTING w ° q q I I DRAIIIA CE � � �_ _ _ .. _ � _ _ .._ .__... _j C) CIO � Lu 5 WALui ..... K q a 9 . .. 1.25 ' MOUNTABLE 6 .... 10 PUE & I � J ADDITIONAL WALK TO q q .. CURB DETAIL ACCOMMODATE P.SW.E 3 2 CUL—DE—SAC EMERGENCY VEHI CL E ��" SCALE: N. T.S. q TURNAROUND. W (� I i I I TOP OF —� _ & TURNAROUND q a I BALK NO TE. PUBLI W O Q q PUBLIC SIDEWALK -------------------- QJ1 ---------------------------- TRA NS VERSE CON TRACTION JOINTS TS ARE TO EASEMENT R 0 W H 0 U SE ALLEY A C CESS W W Q:i `_ PROPOSED BE CONSTRUCTED A T INTERVALS NOT TO 37' PAVEMENT / 50' ROW W ° 6 ' ROW EXCEED 12 FEET CONCRETE SHALL BE SIFUENTEZ COURT V p Q a a PUE3000 PSI, 2-4" SLUMP. SCALE. N. T.S. I PHASE w 6 ' EXISTIN Gz W PROPOSED 4A w pc PUE CL OF ROW I EXI S TI N d STRUCTURAL 'J ROW TRACT w CUL VER T BRIDGE � oc I 6 54 x40 6 SIDEWALK ' �� I FU TUBE r ... 7. �.... ._. R O W 12 12 q P. S W E. 9 12' I .. EXI S TI NG DrL „ C , I DRAINAGE TL 110 0 Q ,� - I z W . .. .. . i i.. ' .. ' � w HAZEL " ` � ISIS _ _ � � I_�_,i I� II i_�._I:I �.L 2 Ill ti.I� TRANSITION SMITH m I ) EMORIAL � � 00 SAWTELLE Al Q : . � �� � � � � GREEN WA Y o � I DRIVE I PARK0 DEPRESSION SIDEWALK ." r a r 1 D PUE q Lor „, � �� <<�, �� �� � C I ,� ��, . . 1 5 WALK WALK,, IC� 5' .— LU " & P. S W. E. z „ ,w r o " _—_.:_.. . ..... I uj ; J2 I � � � mo O O co I SIDEWALK 12 20 12 � � � Lu G 75 , J31 iLuQ 48 i � � m CC " .- , q 9 33 P.SW.E = 66 p 10 as° PUBLIC P.SW.E. a4a aoa SIDEWALK P. S W. E Q _ PUBLIC -�- PHASE 3A SIDEWALK "> EASEMENT EASEMENT 11 11 11 11 11 11 11 11 BEN BROWN ROAD STUBS ROAD TRACTSC D K SHEET J 2 T C uj U-1 AT EXISTING DRAINAGE CROSSING AT EXISTING DRAINAGE CROSSING GREENWA Y CROSS— SECTION of SCALE: N. T. S. SCALE: N. T. S. SCALE: N. T. S. 2 DETAILS,6/21/2018 4:40:03 AM 240 -- EXHIBIT — 1 Cc wlu I CREIGHTON STREET __ -- -- U __ __ S(� v p -- puj 0 O O O - -- -- TIS f>RfVE Jp I O ). cr- PHASE 3✓ co SMITH PHASE I T. -- __ G M -- _ V I w DUKE STREET -- -- OC 1 �� / N m co Q O Z \, HAZEL SMI TH I i 5� In - _— MEMORIAL No �\ 'v' l j --- O ICL. -- -- -- _ o PARK Q 2 -- CL O --- I I I I I I I I I I I , \ \ 15 �]H[ OXFORD STREET HAZEL SMI TH —— w MEMORIAL wul.-- --�-- --�-- c PARK -- -- p P � Op CITADEL STREET cc 5-1 �Q 00] � z i REED AVENUE �]E�][�� w v Ld W I I II,/\ II I III I �II I I II •I II II I ,II I II`I` �I II i fbIT^ -, -— ` l ` C F\S R— EE'lT� ow p�W�°� VASSER STREET AVENUE Lu SANTIAM DRIVE I I I LINFIELD F IOw" CL LLJ O BEP -BfOiVF E MET DRfE - - - MELu PAR Lzu TL 300 EN�E MARTHALTEREADOWS PHASE 1 cc KILLIAN SMITH DRIVE SPRING PARK � HAZEL SMITH MEMORIAL MARTHAS PARK MEADOWS TL 4700 +ICp HBERGc RAVE corL 500 o cl- STTL 4200I ------- -- i i=a �u�uu� ���,,I,,,,,-, I I I SIIIIIIVIIIIVIIIIu„"I'�'I,m-u,1 wu,I„muuIWo��VlIoIIIllIlIlVlIlI I -SI IIIIIlpIIlIl"uI''3�uu wI u,I,muuuopIIVIIIIIllVIllVII-I I��EI_fv-I �ll I hIl14I-ebI Wll I II�Ii i I I I ll �IIIVVu��1 `op`lll ` \ ][� , \� Zoo -PH)kS- co IL TL 4600PH TL 600 K[L�ANSPRINPARKWAY—- TL 700 0 % TL 5900O HAZEL SMITH TL 703 TL 702 MEMORIAL L 5800 o W TL 800 PARK STANDARD CITY STREETS c �lll lll ll IVIIII4cI 5j W V ° Om ct) OL TL 700 \ L-LMIXED USE PUD � oPUD HYBRID STREETS ,� PHASE 18 W V p ]�E5rL 900 , I ]PCC Aunt CIE H0PE LIu NECKED DOWN CROSSING [ TL 1000 SEE STREET DETAILS X00 CL Z TL � 40� ; TL 12 ALLEYS SHEETo� LL IIIIIIIIII BLAZEK PARK _- 12' /8' SIDEWALK ' of 7 -7 ---------------------- ------------------------------- - - _- ----- ------- I p —--—--—-- - --—--—--—--—--— ------------------------------PARR------ROAD---------------------------------------------------------------------------------------------------- PARR ROAD ' STREET KEY,8/31/2018 3:46:39 PM 241 O ....................................L .................... ..................... .........................._,r EXHIBIT C� 13 .................................................. c) (Z) S,4) IIIIIIIIII ., cc ...................................................................................................................... ........................................................ 200 0 100 200 400 c) O .. .. .............................. ...... .................L ............ ............................................. ............. STREET ............................................................ WEST HA YES .......................... 1 inch 200 ft. ....... ......-T �2 -� .. ......... 11"x17" PLOT 400 SCALE .................... SMITH CREEK RESIDENTIAL DEVELOPMENT �jjL PUD AREA PER PHASE t16 Not CL -rguLl OC j6j?jtN m � b';C' lot ................................................ .............. Lo PHASE 1A PHASE 1B PHASE 2A PHASE 2B PHASE JA PHASE 4A ........... oLoqflN OIL ........................ .......................... ........................................... CL AREA CgO ............. GARPELD SIR EF—".... ........... Lo LL� TOTAL I ....................... E CL o SQUARE FOOTAGE 969,400 SF 55,926 SF 671,191 SF 169,281 SF 843,750 SF 644,374 SF J,353,922 SF A CREA GE 22.25 AC 1.28 AC 15.41 AC 3.89 AC 19.37 AC 14.79 AC 77.00 AC .............. ........................... .......................... ................... F— ........................................................ 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Q /^��P� ` Lo 0 rl U �P� o AUSTIN EXISTING DWELLING 1 D.U. -- -- -- 1 D.U. -- -- -- -- 2 D.U. ---' Q �L�' P`� -- -1 U P AVENUE -- 105 D.U. -- -- -- -- -- -- -- 441 105 D.U. ` l 0101D SUB TOTAL 151 D.U. 105 D.U. 93 D.U. 57 D.U. 23 D.U. 145 D.U. 45 D.U. 136 D.U. 66 D.U. co �`C`],Hl� GRAND TOTAL DWELLING UNITS D.U. 821 D.U. i ,` __ ]H�� � M ' r \ - / '\ v, 1I -- u I I I I I � I = -- Q p I , � I , , ` , R r _ � LuLu I p p -- Q -- -J __ -- - - -- p CITADEL STREET p -- j , �]�� l PH/� `t - -- !�� - _ ~ Z O � z > - - w C3 REED AVENUE -- m -- \� oo�]E"'4]<o]pLcc -- / ,j / J O LLJ in O -- STREET CL VASSER SANTIAM DRIVE Q LINFIELD AVENUEk44 CL O I 1 1 (y CL uj cc cc L _ I_LJ _ LL _ 1 � L _ I��_ 1 \ I_ _ � � _ J—L L - uj O BEN BROWN LANE \Y SMITH DRIVE L \ `` / Q Q I TL 300 ' CL IIIIIIIIIIIIIIIIIIIIIIIIIIII IR ��� � ��� — —— �q`��M I� W L L ILL NF —� -�_ ��� �'' - T w O t,LLL I HALTER AVENUE PHA SE 1 SMITH DRI S M VE P TA T2A O 2 -- I_ L LLL L ���:- 00%� -- ----�-- I � � �- ;;/� � TL 4100 TL 500 HERSHBSERGER AVENUE �A���;� r- —� F--- ---] F--- -- I % _ _ U Z W ZG OSTROM DRIVE O o � � __7 7 _ TL � 4200 W llllllllllian,,,, P I lllllllllaiia,,,,,, � / � � J __ IIIII�I� / /,. ce / VIII. .� H , i III VIII i i -- CL .._._i.,,.,.� � ,/ � __ :,, � , � ♦ � � ���/> �;,,, �; .; %, C TL 4600 Q TL 600 --—J ---�_ _�— -- ��, �� � BEN BROWN LANE KILLIAN SPRING PARKWAY ` " ` 17 -1 -77-1-1-1—T7- 1- 71 -- TL 700 Q uj -- w ---- -- , CC I TL 103 TL 102 TL 800 ° �- / '--- z -- z _- TL 5800,0 0 ,- -,;, -- -- -- -- oc,,,, r a E 2 �� W �- W -- LUP � - A ]E� ocrL goo A F / _ PHASE 1 BF (3 w� � � O C) Lt L-1'-1- ���� uiz LAn►E w �/ ][��]E> >\�� / P']E TL 1 000 ^`' t �0] cC Z J I— QAC. 1 15o0 o 111 11 / w / / C-1 TL TL o ; zoITL 3O 0 w N uj TL 12OTL 1100 SHEET zco LC w �4 tt .... jl-u adhirneint 103C 4 co I I w w w � 1 J Q Ilu..: v / OF 01 1 PARR ROAD COLOR PUE,9/5/2018 12:23:59 PM 251 Q) Q) N Q) EXHIBIT C- 5a SFD RS SE TBA CKS Lu OZ FRON T SIDE REAR PORCH BUILDING GARAGE INTERIOR STREET BUILDING 22 Ic oll 00 20 ' 20 ' 20 ' 5 ' 20 ' 24 ' MIN. 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B - - - - - - - -Uifl - - - - - -- - - I� 3 _ Of- 20' - - . w- - - — - - - — - - - - - _ , - - _ � — — o iflfi I I w .,.fiti du 7 1 1 µ I I 1 1 1 1 , 1 1 1 I I I 1 1 1 — , — a 150 . M. 0 1 1 ,._ I I ?. I I ....0 I I , ...,u 1 35.5 1 '.. .... D n�.,.- 151 .: ._, L1 - _ c �. � - _ - - - - _ �� , � 1 1 - - - - - ,: 1 1 1 1 1 1 1 1 1 1 - = 1 141 1 1 140 1 1 139 1 1 I TL '300 1 1 40' - - - - C - - - - -�—, 1 146 1 1 145 1 1 144 1 1 143 1 1 142 1 v I I I 11 i i 138 i 1 3 I i 136 1 I I I IL �n 1481 / N _ _ _ _ - - - - � 149 LI_ II — — - - - - - J - - - - - - - - - - - - I L - - - - -i L_ _ I I U:11 � u J 12' - _I L / LLJ WALK — — _ • QCCZ „ W OOW � (0 oc TR. ..q.. J 6 '18 '19 m'�'"m'�'" 5 „� '�,,,, ' � oo O „1 OJT �� 48 N % / ��111oiimuoipm II� cr) coPF/Az"'E �s 6 2A3 13 1 J Z co Co f MAILBOX SHEET / - TEMPORARY STREET _ STREET PARKING BARRICADE AREA 'PAP' = 87 CARS 111 Illu STOP BAR/STOP SIGN ' LOT PARKING ttIhunut ... .... OF 12' PATHWAY MAINTENANCE AREA "A " = 136 CARS C 8 seiles 13 ACCESS WITH BOLLARDS STAMPED CONCRETE CROSSWALK AREA A,5/24/2018 5:15:16 AM 259 Q) Q) EXHIBITC�8A�2TN (a) "B " AREA 50 0 25 50 100 C) c) 1 inch = 50 ft. C) 6 fl 11"x17" PLO c) CC T 100 SCALE C) Ca Q) 00 Z C) Ir Lo 0-) j- Lo CC AREA 8111Y CL >< j'� SOMME-- Q) 7 - - - - - - - - -- - - - - - - - - 7 F- - - - O ` _ uft ❑ 19 22 23 1 1 24 2 3 ,5 6 21 1 Icc 8 Cc LLLA — < Q) U, Lu cc 0 20 SMITH CREEK RESIDENTIAL DEVELOPMENT _uj PHA SE 1 A SE TBA CKS CC .... .. .... SIDE DWELLING TYPE PORCH FRONT REAR N,X 'N SA41 T P�l L)RIVE uj DRIVE 2 BUILDING GARAGE INTERIOR STREET BUILDING 1 GARAGE 40' 10, SFD-60 15 20 5 20 20' SFDA-40 10' 15' -- 5' 15' 15' 20' A' Cup), 0 flif a —45 15 20 15 20 )f LLJ SFD 10III mlll� 31 ,,,3......3 IJ, SFD-40 10, 15 20 5 15 20 31 9 kq Li- "i'l 3�O 24���� 28 27 2�6 25 21111!�I' 23 22 QL SFD-33 10, 15' 20' 3' 15' 20' 25 lc::� Lo 4A SFDA-34 10, 1 4 26 25' �Z 15' 15' 20' -1 SFDA-J2 10, 15' 4 15' 15' 20' W EXISTING HOME 10' 15' 20' 51 20' 20' 1,35 CC uj Cc v., 'Al.......... 27 Mc C CL TRACT "Ell uftj 2 0 8 36 37 0 1, - 9 Q -n 5 1 29 00 NA ON 30 TRACT "E" PARKING LOT TO -AMMMEIM -j" 'v BE GRASSY COMMON AREA 0 UNTIL CONSTRUCTION OF 134 31 llwl Q�l�0, TRA PHASE 2A HOA CLUB HOUSE. CT 8) .............. 32 TRACT "Ell 133 WATER QUALITY SWALE .......... & DETENTION POND 33 P w, 7�7 .......... v\, 132 34 . ........... vv � vv 46 ......... 53 ......... % ........ 131 45 Qs '2"", 35 V": '44 >1 0- 130 43Z N_ IN TEMPORARY FIRE Q) 3611, TURN—A—ROUND 42 SEE AREA "C FOR 55 0- 37 41 5� Lu CONTINUA TION Q C) Z IISUj CO 129 Lu Uj j!� ,56 128 0- Co 39 STOP BA IS SIGN Lu FIRE TRUCK TURNING gra 0- ,57 1� 12 40 CLEARANCE FROM 8' PATHWAY cc 1 01 K ILLIAN SPRING BUS STOP Q) PARK WA Y 84 51118 126 C= STREET PARKING MAILBOX AREA "B" = 65 CARS 59 1� 12 C= TRA C T PA RKING A TEMPORARY STREET AREA "B 13 CARS SHEET BARRICADE . . � II I S s P ��� �� P QR �� LOT PARKING 2 AREA "B" 156 CARS FIRE TRUCK OF TURNING PHASE 1 A �7 F F III WI IllllrSTAMPED CONCRETE CROSSWALK jjj�� 13 CLEARANCE AREA B,5/24/2018 5:30:33 AM 260 Q) EXHIBITC�8A�3N o Z AREA11 11 N o d' Lu 50 0 25 50 100O CC 8 PATH WAY TO BE p O SMITH CREEK RESIDENTIAL DEVELOPMENT /,, CONSTRUCTED IN J O J '�'�I 1 inch = 50 ft. PHASE 1 A — SETBACKS lull "ll PHASE 2B 11"x17" PLOT = 100 SCALE M J V O IIcc m v Z) ummuuuuq rr .......................r IIU rrcuII � m r ouuollluolr omoml srcrcrc 1, �fiJJIIJIIDIII ououuuuuuuwf ouou Nrcullli '4 DWELLING TYPE FRONT SIDE REAR IIIIII IIIIII IIIIII;Ilii'Illllllllly rcrcn» IIIIIIIIIIIIIIIIII % VIII' VIII rcrc� 6 PORCH BUILDING GARAGE INTERIOR STREET BUILDING GARAGE ................' " ' In r O O �� o B SFD-60 10' 15' 20' S' 20' 20' -- �.. �ci�oN�'da;,dd't �'I PHASE 1 A CL Lo c II �� Q � � Q a���►, CONTINUEDSFDA-40 10' 15' -- 5' 15' 15' 20' ;II�r ,, ��fj rh'IIIIIIIII �lil % IllLo LL_ AREAC I / / J • �u " iouuolluollfiJu` iuomolllllllllll 1 Ilkn1ll11Jy uouuolllllllllll ��' t ��' i % p�yp a(� �ollllllllllll //rc a i uur miumWir,r >< CL � p ,. SFD-45 10 15 20 5 15 20 -- � = l �A SEE BELOW SFD-40 10 15 1 20 5 15 20 — r .,.... a, TEMP ORA R Y FIRE % U FL)-33 10 15 20 3 15 20 -- `� TURN—A—ROUND &• z SFDA-34 10 15 -- 4 15 15 20 /,, BARRICADE IN PLACE UNTIL PHASE 2B CONTINUES % ; SFDA-32 10' 15' -- 4' 15' 15' 20' % ;' , ,,..fi o KILLIAN SPRING PARK WA Y. _ BEN BROWN LANE 12 EAST OFF SI T .< ; Jl r I LLL ❑ ., EXISTING HOME 10' 15' 20' S' 20 20' -- / PATH CONNECTING TO 1 8 BEN BR WN LANE ROW �ED�CA TON W rn i i C Z Q ~ �- S. SETTLEMIER DRIVE v, r TO BE CONSTRUCTED %r 4 � IN PHASE 1A I �, o i!� o F 12' NORTH OFF-SI TE PA TH o ►► ►► r ,� CONNECTING TO z w TRACT O % SMI TH DRI VE TO BE 2 Q P �xCONSTRUCTED IN PHASE 4B � � o G w %AID ISO O G �� F F r r WATER QUALITY �— P � r \ SWALE & DETENTION � Z SP 49 `' , 68 , , 69 , , 70 , , 71 , 72 I I POND w S \ 73 , CLQL 50 P �L = W P I- �•, .. . -_ -fir � v v v v /, � ��� � � � � i �;-,. � -"., I I .. / ,, v _ 1 _ I I U Li • 2 uj \ y \ P Cc Lu cc \ 53 : OSTROM DRIVE I— z i Y , CL 54 ... .�N ... ,, \ \ r II . . \ cc 554 6 "Illy �� v v � F - ... �.� r III v � v �: , 1 � I - , r i . i i �� cc 1 i i v 57v 80 66 82 I 11 79 11 78 , 1 77 i i 76 i i 75 741 L - - - - - - - _ - - — � - - J L � i , vv R. o. W. 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TRACT 16 "171" HAZEL SMITH STOP SIGNAGE TO 3 MEMORIAL PARK BE INSTALLED P �2' 18 W1 TH PHASE 4A 1 1451 11441 11431 11421 1141 1 00-# 19 20 p i E 4A Q) L 2 0 1. ..................................................................................................... ......................... ......................... .........................................................I..................................................................................................... ...................................................................................................................................................................................................................................................................................................................................................................... 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STREET PARKING 11 Ilu STOP BARISTOP SIGN SHEET AREA "B 95 CARS 8' PATH WAY PARR ROAD 10 PHA S L02j)4 7 LOT PARKING OF CONTINUED AREA "B" 288 CARS TEMPORARY STREET BARRICADE 13 m ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ EXHIBI F G 8C 10 PHASE 3A 7 7, 7 ....................... SEERIGHT FENCE STAMPED CONCRETE CROSSWALK ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ................................ J 3A-B,6/21/2018 4:23:20 AM 268 Q) .......-- -.............................. 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CONTINUED1 3B,5/25/2018 10:27:42 AM 269 1 0 1 1111111 0l� �V' ». ,... uumuu�lUl, � � ,�rcumU�if '" IIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1 STOP BAR/STOP SIGN C= S TREE T PARKING N 0 TE: ALL TREE WELLS ON THE WEST �f ;;,,,IIIIIIIIIIIIIIN o its o O = 121 CARS SIDE OF EADON STREET SHALL Cpl I o o d' W III111111111111111111111111111111111111111111111111111111111111111� 8 PATHWAY HAVE STEEL TREE WELL GRATES. 50 0 25 50 100 TRACT PARKING v � ~ O ,I.............. IIIIIIIIIIII%I O 12' PA THWA Y/MAINTENANCE = 53 CARS \� _ OJ J z tl i6EXHIBIT2 1 inch — 50 ft. 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Annexation Certification tion Subject Property,, Smith Creek Development. !Marion County TaxMap: 052W1 300100 This !letter is to oertirfw7 that the Cft of Woodburn n loos no capa,city issue with the public wastewater treatment faeflity or public water treatment f oilit . Certain areas of the subject property are djeoent to an existing collection system forme ter, a pudic storm sewer collection systema and a. pubk water collection system. The requirements for these collection facilities cul still meed to be determined. The capacity analysis, dle i n and installationwould be the responsibility of the applicant1property owner. if ou have any questions, please contact nye at 5,01982.5241. inort , ring Liljequi t, P. „ 0ty,Engineer City oaf' Woodburn .............................................................................................................. tt a ll�n a is a nt Il....i f 272 ®ro, 1I'�"7 Newbergf�Nvy WoodbUM, OR 97071 Rcoq, flic�e 503- 23+x,0Fax 509 3-9811 MIEXHIBIT H-2 March 2, 2017 Plannibg and Landc Design LLQ clo Ryan O'Brien 18,62 NE Estate Drive HilipsLmrcr, Oregan 9112.1 Re: Adequate Service Provision 1tyyaru O'Brien: I have attached a tarlef section b0ow indilcatibg that the City of Woodburn requires service calpacltV certifications frorn the Woodburn Fire district mrm. Pie " "tD evaluated the proposed ,project and has determro ned that adequate service can be Rr videcJ by WFD, e MH crarutuum to review, evalurate, and c nunent on rather submitted plans, as they become avappabie If there are anV additional cluestions, please direct r°hern to: FireL Chief PaLd l crsuaru tt tpap curruirorhu rLm't't 7harr You! for srrbirnittiun the pre-rapplication d currreritatnorr for the Smith Creek aririexatlur and development project Ilcxated at 10S Beni Brown Luria and currently unaddressed 14 acre property. In, ,consultation writ the BuildIng DIvi'slon, rrbhrc Works,' arid" the tare Department (WFD)) e fere reviewed the r°e� ftcatlon inate ials submitted and have the followiny comnrpents,e Pro'Vider a docurnentcation from tie ra;e 0e rra,tnreat rggQr&frg adequate "cacifataes and Services. . Sincere] W`crodl)uurn Fire l iistrict (503) 982-2360 Sart Vise ell'i",li 273 Woodburn School� ��.�� .�� ��*�����m������ =p��um����x ���~*���,~� l3gOMeridian Drive,Woodburn, [)BLQ707l 4� cv9honc 5O3-98I-q555 C-,SIJRNrs ~0� Fax 503'98I'80I8 � �� EXHIBIT H-3 January 18, 2017 Ryan O'Brien Planning& Land Design, LLC I862NEEstate Drive Hillsboro, OR97124 Re: Annexation for 144acres inthe City ofWoodburn | � Mr. O'Brien: In response to your request, Woodburn School District has determined that your proposal of Smith Creek Residential Development will impact our schools in our district however we believe vvewill be able tuaccommodate the growth. Thank you, Chuck Ransom,Superintendent Woodburn School District PGE/P Portland General Electric Company EXHIBIT H-4 P.-�Boot-44,04 A Portland,Oregon 97203 Date 8/2/2017 Stafford Development Co. Attm Morgan Will 485 S State St Lake Oswego, OR 97034 Subject, Proposed construction site at 690 Ben Brown Ln, Woodburn, Oregon Dear Morgan: Thank you for inquiring about electrical services provided through Portland General Electric, Your, proposed project located in Woodburn, Oregon is within PGE's service territory. PGE has enough electrical capacity to serve your anticipated load. However, in all likelihood, additional infrastructure and electrrica& equipment will need to be installed to serve this anticipated load. This letter does not address any issues concerned with easements or right-of-ways. The ownerldeveloper is responsible for all costs associated with providing electric service to a new project, including the expenses for realigning existing electric facilities. However, PGE Currently has a line extension allowance (LEA) that may help offset some of the costs of providing electrical service. We calculate the LEA for your project based on an estimate of the yearly incremental kWh consumption. This LEA is subject to change. Please note that the LEA does not apply to certain project expenses involving underground service. The ow ner/deve lope r is always responsible for the cost of all necessary excavation, trenching, conduit, vaults, submersible transformers, pads and permits. Expenses for providing electric service to a project can be considerable. In order to provide a good cost estimate, PGE must receive your detailed plans and load estimates. When you have this information, please call (503) 323-67'00, and a Service and Design Consuitant will be assigned to your project and make contact with you. Sincerely, Rachel DeHaven Service Coordinator Portland General Electric cc: Doug Koster 275 EXHIBIT I Traffic Impact Study for Sm *lth Creek Development Woodburn, Oregon Prepared f- , Stafford Development Company, I.-L.C. Prepared By; .0 SW Wa s µm g toµm Carl Springer, PE, PTOE, PTP S UIII'te 500hit It�dkar,TE ��r, iu,.. llliuµmm , Ilf .0, . .Iliii ..... ... . .�.... ...°. Date; E° III liIh lit March 2018 276 Traffic Impact Study for Sm *lth Creek Development Woodburn, Oregon Prepared For. Stafford Development Company, LLC Prepared By. DKS Associates 720 SW Washington Street,Suite 500 Portland,OR 97205 (503) 243-3500 Project Manager. Carl Springer, PE, PTOE, PTP Rohit ltadkarTE En March 2018 277 I A 3 II II CIf C..0 II"'J i II "'J.i.."w Introduction ................................................................................................ 1 ProjectDescription ................................................................................................................... 1 StudyArea................................................................................................................................. 1 ExistingConditions ...................................................................................3 Study Area Roadway Network.................................................................................................. 3 Pedestrian and Bicycle Volumes......................................................................................................................4 Transit..............................................................................................................................................................4 MotorVehicle Facilities ............................................................................................................ 5 ExistingTraffic Operations..............................................................................................................................5 Intersection Performance Measures...............................................................................................................5 Jurisdictional Operating Standards.................................................................................................................6 ExistingOperating Conditions.......................................................................................................................11 SafetyAnalysis ........................................................................................................................ 12 Key Assumptions and Methodologies ................................................... 14 ProjectDescription ................................................................................................................. 14 TripGeneration....................................................................................................................... 14 Trip Distribution and Assignment........................................................................................... 14 BackgroundTraffic.................................................................................................................. 19 FutureConditions ....................................................................................22 Future Traffic Operations........................................................................................................ 22 ProjectPhasing........................................................................................................................ 24 ProjectMitigations.................................................................................................................. 26 Summary/Recommendations..................................................................30 ExistingConditions.................................................................................................................. 30 FutureConditions ................................................................................................................... 30 Project Phasing and Connections ........................................................................................... 30 ProjectMitigation ................................................................................................................... 31 Appendix...................................................................................................32 278 � II'gint of IIgAiII"es Figure 1: Study Area Location Map................................................................................................. 2 Figure 2a: Existing Intersection Lane Configuration....................................................................... 7 Figure 2b: Existing Intersection Lane Configuration....................................................................... 8 Figure 3a: Existing (2017) Peak Hour Volumes............................................................................... 9 Figure 3b: Existing (2017) Peak Hour Volumes............................................................................. 10 Figure4: Project Site Plan............................................................................................................. 15 Figure 5a: Project Trip Assignment at Full Buildout ..................................................................... 17 Figure 5b: Project Trip Assignment at Full Buildout..................................................................... 17 Figure 6a: Project Site Buildout (2025) Peak Hour Traffic Volumes............................................. 20 Figure 6b: Project Site Buildout (2025) Peak Hour Traffic Volumes............................................. 21 Figure 7: Current Improvement Proposed by City at Settlemier Avenue/Hayes Street...............27 Table 1: Study Area Roadway Characteristics ................................................................................ 3 Table 2: Existing (2017) Weekday AM and PM Peak Hour Study Intersection Operations.......... 11 Table 3: Summary of Intersection Collision History (2011-2015)................................................. 13 Table 4: Project Trip Generation................................................................................................... 16 Table 5: 2025 Project Site Buildout AM and PM Peak Hour Motor Vehicle Operations.............. 23 Table 6: 2025 Mitigated PM Peak Hour Motor Vehicle Operations............................................. 26 279 In YY 011: 1001I"II',:MIII'I,11q I SIINAIIMII,..II 'IIwII II,K RA11:1:1C IINAIIpA � ANALYSIS PIE INTRODUCTION This study evaluates the transportation impacts for the proposed multi-phase Smith Creek Development in the City of Woodburn, Oregon. This study will review the existing street system in the study area and determine how effectively the proposed project will be served. Specifically, this transportation study will review and evaluate the following elements of the local system: • Walking and biking networks • General traffic safety • Traffic performance at key study area intersection operations before and after the project is built • Project phasing and connectivity recommendations • Recommended transportation system improvements to adequately serve the site at build out consistent with the City's performance standards PROJECT DESCRIPTION The proposed development is located on over 145 acres north of Parr Road NE between Settlemier Avenue and Stubb Road in the City of Woodburn, Oregon. The proposed development is planned over several phases. The Smith Creek Development project consists of a mix of single family detached housing, townhouses, and multi-family. The proposed residential development also includes a network of internal streets within the site. For the purpose of this traffic study, the proposed development is expected to be fully built out within 8 years. Therefore, the operations analysis includes the existing conditions in 2017 and the future conditions in 2025. STUDY AREA The project site is shown in Figure 1. There is a total of fourteen study intersections identified through coordination with the City of Woodburn and ODOT as requiring intersection operations analysis to evaluate potential transportation impacts from the proposed project.These intersections are listed below. 1. Evergreen Road/Harvard Drive 2. Evergreen Road/Hayes Street 3. Highway 214/Evergreen Road 4. 1-5 Northbound Ramps/Highway 214 5. 1-5 Southbound Ramps/Highway 214 6. Highway 214/Settlemier Avenue 7. Settlemier Avenue/Hayes Street 8. Settlemier Avenue/Ben Brown Lane 9. Parr Road/Kirksey Drive (Future Intersection) 10. Parr Road/Stubb Road-Harvard Drive (extension) 11. Hayes Street/Cascade Drive 12. Highway 214/Oregon Way 13. Hayes Street/Oregon Way 14. Settlemier Avenue/Parr Road 1 280 5 y, 14 3 12 ................... rrrLLSBORO SILVERIF-ONF1141YN6: 6>> srAcYAr.r.rsury inIAY W 02 ........................................................... J3 7 e;araPELD5.7.. 51. ......... C �r k Y Project Site �Y r . ..P P�. /j cc / CY'u '0 ....,/ 0 PARR RD rVF 10 9 14 LEGEND ° # ��� -Existing Study Intersection $tIIC� Area # � Y „, -Future Study Intersection Future Roadway No Scale 2 281 OnYY0II /A/00II"II',:WIII'I,11q I SIINAIIRII,..II 'IIwII II,I< RA11:1:1C IINAIIpA � ANALYSIS PIE EXISTING CONDITIONS This chapter includes a description of the study area roadway network, existing motor vehicle volumes, existing traffic operations, and safety analysis results. STUDY AREA ROADWAY NETWORK Key roadways within the study area are Highway 214, Settlemier Avenue, Evergreen Road, Hayes Street, Harvard Drive, Oregon Way and Parr Road.Their functional classifications and other important roadway characteristics are listed in Table 1, based on the adopted Transportation System Plan designation and field reviews. TABLE 1:STUDY AREA ROADWAY CHARACTERISTICS Roadway Functional Travel Lanes Posted Speed On-Street Sidewalks Bike Classification' Parking Lanes Highway 214 Major Arterial 2 to 4 30 mph No Yes Yes Lanes Settlemier Avenue Minor Arterial 2 Lanes 30 mph No Partial Yes Evergreen Road Minor Arterial 2 Lanes 25 mph Yes Partial Partial Hayes Street Service Collector 2 Lanes 25 mph Yes Partial Partial Harvard Drive Access Street 2 Lanes 25 mph Yes Yes No Oregon Way Access Street 2 Lanes 25 mph Yes Partial No Ben Brown Lane Access Street 2 Lanes 25 mph Yes Partial No Parr Road Service Collector 2 Lanes 25/55 mph No Partial No Several of the above streets have specific issues that were noted in our review.Those issues include the following: Highway 214 is also known at the Hillsboro-Silverton Highway and it is owned and operated by ODOT. A major upgrade project was recently completed for the area around the interchange with Interstate 5 to expand the highway to two travel lanes in each direction with a center turn lane, upgraded sidewalks, and dedicated bike lanes.The five-lane section ends east of North Cascade Drive,which is about 3,000 feet west of Settlemier Avenue.The remainder of Highway 214 is a 3-lane cross-section. Highway 214 offers the only continuous route with dedicated bike facilities in the area. Evergreen Road is fully improved to city minor arterial standards except for the segment between Hayes Avenue and Stacy Allison Way, a distance of about 500 feet.This segment has sidewalks only on the west side and no dedicated bike lanes. 1 City of Woodburn Transportation System Plan(TSP),Figure 7-1,October 2006. 3 282 In YY 0111001)11:W, III'I,11 q I SIIAII I II,..II 'IIwII II,1K ',A11:]:]C IIAIIpA I ANALYSIS 1,S,II° Settlemier Avenue is a historic city street that is designated as a minor arterial. Generally, it provides one travel lane in each direction, however, because it has a limited right-of-way, it typically does not have sufficient width available for a center turn lane which is consistent with its minor arterial designation.There are no dedicated bike facilities on Settlemier Avenue beginning at Harrison Avenue.The travel lanes are shared with bikes from Harrison Avenue south to Parr Road, a distance of about a mile. North of Highway 214, this street changes names to North Boones Ferry Road, which parallels Interstate 5 and Highway 99 serving communities to the Willamette River. Hayes Street is a service collector with one travel lane in each direction and no center turn lane. Sidewalks are provided intermittently and there are no bike lanes.The city has programmed an upgrade for the segment between Settlemier Avenue and Cascade Drive to incorporate continuous walking and biking facilities and a center turn lane along with intersection improvements at Settlemier Avenue. Harvard Drive is designated as Access Street however it has been built to local street standards.The roadway is 34 feet between the curbs with parking allowed on both sides of the roadway.The city standard for an access street is 40 feet between the curbs.Typically, only the west side of Harvard Drive has driveways for access to fronting properties. Oregon Way is an Access Street that was recently improved on its approach to Highway 214 to include sidewalks and bike facilities. However, the segment south to Hayes Street does not have dedicated walking or bike improvements. Parr Road is a service collector that is owned and operated by Marion County.The roadway generally provides one travel lane in each direction with a center turn lane between Settlemier Avenue and Centennial Park.The south side of Parr Road between South Settlemier Avenue and 900 Parr Road contains two concrete paths, one for pedestrians and one for bikes. West of Centennial Park, Parr Road is a typical rural two-lane facility with unpaved shoulders and one lane in each direction. PEDESTRIAN AND BICYCLE VOLUMES Pedestrian and bicycle counts were collected during the AM and PM peak periods at each of the study area intersection s.2 Highway 214/Settlemier Avenue and Evergreen Road/Hayes Street were observed to have the highest pedestrian activity within the study area which was confirmed with the pedestrian count data collected. Low bicycle activity was observed at all study intersections which was confirmed with the bicycle count data collected (less than 5 cyclists were observed at a single study intersection). The bikeway improvements within the study area are very limited. Only OR 214 has a continuous route available. TRANSIT Woodburn Transit Service (WTS) provides fixed route bus and Dial-A-Ride service within the study area. Highway 214, Hayes Street, Oregon Way and Settlemier Avenue are the study area roadways which are the transit routes for the WTS. In addition to the WTS, the Cascades POINT bus service is operated by ODOT in the City of Woodburn. 2Traffic counts were collected on March 21,2016 and April 18,2016. 4 283 /SII I XX 011: \A/001)11:W, III'I,11 q I SIIAII I II,..II 'IIwII II,1K ',A11:]:]C IIAIIpA I ANALYSIS 1,S,II° The new Woodburn Memorial Transit Facility is located at Highway 214/Evergreen Road.This is a park and ride facility which serves WTS and Cascade POINT bus service. Dial-A-Ride service is a door to door service available Monday through Friday, 7:00 AM to 7:00 PM,within the Woodburn City limits. WTS also provides a Dial-A-Ride trip to Portland and Salem. MOTOR VEHICLE FACILITIES The City and State have established acceptable traffic operating conditions for their respective facilities.To determine intersection traffic operations, vehicle turn movement counts2 were conducted at study area intersections during the AM period (7 to 9 AM) and PM period (4 to 6 PM).Traffic count data collected for this study was adjusted to account for seasonal variations in travel. For this study, the methodology from the ODOT Analysis Procedures Manua 13 was applied to determine the 301h highest annual hour volume (30 HV)for the study intersections.The 30 HV is commonly used for design purposes and represents the level of congestion that is typically encountered during the peak travel month. To determine when the 301h highest annual hour volumes occur, data is examined from Automatic Traffic Recorder (ATR) stations that record highway traffic volumes year-round. If no on-site ATR is present, one with similar characteristics can be identified using ODOT's ATR Characteristics Table. If these do not produce a similar ATR with average annual daily traffic volumes (AADT)within 10%of study area volumes, the seasonal trend method should be used.The seasonal trend method averages seasonal trend groupings from the ATR Characteristics Table. For the study area, no ATR's are located on-site, and the ATR Characteristics Table did not produce matches within 10%of the study area AADT volumes.Therefore, the seasonal trend method was utilized to develop the seasonal factor.The seasonal factor calculated was 1.06.This factor has been applied to the existing counts.The traffic data is included in Appendix A.The existing lane configuration at all study intersections is shown in Figure 2a and 2b.The existing peak hour volumes were used in the traffic operations analysis and are shown in Figure 3a and 3b. EXISTING TRAFFIC OPERATIONS Existing intersection operations analysis was performed for the fourteen study area intersections to calibrate baseline conditions. Intersections are the focus of the analysis because they are the controlling bottlenecks of traffic flow and the ability of a roadway system to carry traffic efficiently is nearly always diminished in their vicinity. Included are descriptions of the intersection performance measures,jurisdictional operational standards, existing traffic operational analysis and a summary of field observations. INTERSECTION PERFORMANCE MEASURES Level of service (LOS) ratings and volume-to-capacity (v/c) ratios are two commonly used performance measures that provide a good picture of intersection operations. In addition, they are often incorporated into agency mobility standards. 3 Analysis Procedures Manual Version 2,Oregon Department of Transportation,July 2016. 5 284 /SII I XX 011 \A/001)11:M, III'I,11 q I SIIMII I II..II 'IIwII II,K ',A11:]:]C IIMIIpA I ANALYSIS 1,S,II° • Level of service (LOS):A"report card" rating (A through F) based on the average delay experienced by vehicles at the intersection. LOS A, B, and C indicate conditions where traffic moves without significant delays over periods of peak hour travel demand. LOS D and E are progressively worse operating conditions. LOS F represents conditions where average vehicle delay has become excessive and demand has exceeded capacity.This condition is typically evident in long queues and delays. • Volume-to-capacity(v/c) ratio: A decimal representation (typically between 0.00 and 1.00) of the proportion of capacity that is being used at a turn movement, approach leg, or intersection. It is determined by dividing the peak hour traffic volume by the hourly capacity of a given intersection or movement. A lower ratio indicates smooth operations and minimal delays. As the ratio approaches 0.95, congestion increases and performance is reduced. If the ratio is greater than 1.00, the turn movement, approach leg, or intersection is oversaturated and usually results in excessive queues and long delays. JURISDICTIONAL OPERATING STANDARDS All study intersections must comply with adopted operating standards or modifications may be necessary to serve future growth. Intersection performance measures used for operating standards vary by roadway jurisdiction.The study intersections under ODOT jurisdiction must comply with the v/c ratio targets in the Oregon Highway Plan (OHP), which specifies a v/c ratio target of 0.95 or less for the study area.4 The OHP requires ramp terminals to meet the v/c ratio for the crossroad in order to prevent traffic queuing at the off- ramps.The OHP specifies a v/c target of 0.85 for ramp terminals.5 The study intersections under City of Woodburn jurisdiction must comply with the LOS targets in the City's CIP which requires a LOS E or better for city-owned streets.The v/c ratio requires being less than 1.00 regardless of the LOS on City streets. Additionally, the v/c ratio requires being less than 0.90 on critical movements for city streets.The LOS for unsignalized intersections is based on delay and not v/c. 4 City of Woodburn,Transportation System Plan,October 2005. 5 Oregon Highway Plan,Oregon Department of Transportation,December 2011,page 76. 6 285 �. Evergreen Rd.@ Harvard Dr. 5 4 3 12 4 ,,, s�OR Srr arr Rro/v rnnn,rvr: Olt 1't ,r srnr_rALLISON WAY a ' r 2 13 11 wr HAY/:s Sr cAlarir�.�>,,r U (y 4 r � r, 4, 2. Evergreen Rd.@ W Hayes St �r a Project Site "°' t r°nrrrr RD rvr o Scale 10 9 v 14 Key Map .3. Evergreen Rd.((c�� 4. Hillsboro-Silverton Hwy.NE @ 1-5 NB Ramp 5.Hillsboro-Silverton Hwy.NE @ 1-5 SB Ramp Hillsboro-Silverton Hwy.NE IL ........ yrs r ♦® � * -. N/S-Split E/W-Protected-Permitted 6. Hillsboro-Silverton Hwy.NE @ 7 W Hayes St @ N Settlemier Ave. 8.Ben Brown Ln.@ N Settlemier Ave. N SettlemierAve. i z �t� Y' a )k'A t A NIS-Protected E/W-Protected LEGEND40 ' -Study Intersection Lane Configuration ExistingIntersection - Traffic Signal Stop Sign Lane Configurations 286 9. Parr Rd.NE @ Kfrksey Dr: 5 4 3 12 4 ''�'�{Tcrrzc;-srr.arrcrrcrvrnnn,rvr: 6 c 44 41 rrrncr ALLISON WAY z 1 2 c"' ♦ M 13 11 wr HAY/:s Sr cArarrr�.�>,,r <7` r , a11 r, 10. Pan'Rd.NE @ Stubb Rd.NE �r Project Site m PARR RD IVENo Scale 10 9 v 14 Key Map 11. W Hayes St.@ S Cascade Dr: 12. Hillsboro-Silverton Hwy.NE @ Oregon Way 13. W Hayes St.@ Oregon Way „ t mwl AVS-Protected E/W-Protected 14, Parr Rd.NE @ S Settlemier Ave. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, LEGEND40 a -Study Intersection Lane Configuration ExistingIntersection - Traffic Signal Stop Sign Lane Configurations 8 287 �. Evergreen Rd.@ Harvard Dr. 5 4 3 12 0(3) ®mm �®62(137) ��{s�?OR srr arr Rro/v rnnn,rvr: 6 1 t j m 21(36) S rrrnr_�w au.rrrory inrar _ � �► 1 8, 2 c5 2l� o 13 11 wr HAY/:s Sr c,�larir�.�>,,r U r � r, 4, 2. Evergreen Rd.@ W Hayes St 144(921) r 15 .. t 37(s8) Project Site [ ,,,,,,,,, ,,,,( )m �m ss(134 '` ..... ) za(64)m ". °� �m 14 r r°nrrrr RD rvr o Scale 10 9 v 14 Key Map .3. Evergreen Rd.((p�� 4. Hillsboro-Silverton Hwy.NE @ 1-5 NB Ramp 5.Hillsboro-Silverton Hwy.NE @ 1-5 SB Ramp Hillsboro-Silverton Hwy.NE v v Nom ^ 16(13) � • 656(737) 1�:1405(263) ®� 397(471) r LU�J ��� ( ) ,,,,,,,,, �® 631(871) 4)44 359(587) 76(106)m� """"' 423(828) � ', ►r► ....... 397(b24) � 120 186 658(833)m 153(168)0 145(288) 51(77)[M Z mm® �a A'S- S lit E./bV-Protected-Permitted 6. Hillsboro-Silverton Hwy.NE @ 7 wHayes St @ 8.Ben Brown Ln.@ N SettlemierAve. N SettlemierAve. N SettlemierAve. C 0 1 y 01 �m 127(84) t® ^ q 94( ) � 40 40 377 (82)1 4 959 �a Z 57(599 ���� / j ��(338)�Z ®emS � t® �� }N -'q ` � ry NIS-Protected h E/W-Protected LEGENDgo ' -Study Intersection Lane Configuration - Traffic Signal AM(PM) - Peak Hour Traffic Volumes Existing (2017) AM/PM Stop Sign RIME Volume Turn Movement Peak Hour Traffic Volumes Left•Thru•Right 9 288 9. Parr Rd.NE @ Kfrksey Dr: 5 4 3 72 oo , ✓ C. �+ LLM S rncr ALLISON z � -� 44 0(0) 2 c ()m♦ 73 0 0 11 1 wr HAY/:s Sr cAWrr�.�>,,r u .. wly. <7` r , a11 r, 10. Pan'Rd.NE @ Stubb Rd.NE �r Project Site d, mm m��3 85(61) (61) m 8 118(77) PARR RD tvr No Scale 10 9 74 Key Map 11. W Hayes St.@ S Cascade Dr: 12. Hillsboro-Silverton Hwy.NE @ Oregon Way 13. W Hayes St.@ Oregon Way N 62) Nil B.9 �� 202(217) ®m 718(��29) �,, V M Iloilmi11 u t 4 1(3) 3235) �* 20(105) �� 8 �� 184(235) 'fO `qm 798(926) �� 799/?�I9� 9J AVS-Protected E/W-Protected 14, Parr Rd.NE @ S Settlemier Ave. 3(10)�® ------------------- 10162(75) tm19(51) 220(75) 163(54) -� 119(47) y �� a LEGEND #0-Study Intersection Lane Configuration Traffic Signal AM(PM) Peak Hour Traffic Volumes Existing (2017) AM/PM Stop Sign mmm Volume Turn Movement Peak Hour Traffic Volumes Left•Thru•Right 10 289 II Y 0111 1001II"II',iii)III'I,11 q I SIIAII III'II 'IIwII II,I SII\J II II II'pII II II I i ',AII II IV IIIIAIII"A I ANALYSIS I'SII° EXISTING OPERATING CONDITIONS The existing traffic operations at the study intersections were determined for the AM and PM peak hours based on the Synchro software analysis using 2000 Highway Capacity Manual methodology6 for signalized and 2010 Highway Capacity Manual methodology'for unsignalized intersections.The level of service (LOS) and volume to capacity(v/c) ratio of each study intersection are listed in Table 2. Detailed intersection calculation worksheets are included in Appendix B. TABLE 2:EXISTING(2017)WEEKDAY AM AND PM PEAK HOUR STUDY INTERSECTION OPERATIONS AM Peak Hour PM Peak Hour Intersection Operating No. Standard LOS Delay U/C LOS Delay V/C (sec) (sec) Traffic Signal Controls 3 Highway 214/Evergreen Road 0.95 V/C B 18.7 0.46 C 27.7 0.55 4 1-5 NB Ramps/Highway 214 0.85 V/C A 9.3 0.40 C 21.1 0.47 5 1-5 SB Ramps/Highway 214 0.85 V/C B 10.8 0.40 B 16.0 0.69 6 Highway 214/Settlemier Avenue 0.95 V/C E 63.2 0.84 F 84.6 0.88 12 Highway 214/Oregon Way 0.95 V/C C 28.6 0.38 C 28.7 0.53 Stop Sign Controls 1 Evergreen Road/Harvard Drive LOS E A/B 10.9 - A/B 11.2 - 2 Evergreen Road/Hayes Street* LOS E B 13.6 - B 14.1 - 7 Settlemier Avenue/Hayes Street LOS E A/F ii 8 1 - A/F 5'1!1 o - 8 Settlemier Avenue/Ben Brown Lane LOS E A/B 14.2 - A/B 11.6 - 9 Parr Road/Kirksey Drive LOS E - - - - - - 10 Parr Road/Stubb Road LOS E A/A 9.6 - A/A 9.3 - 11 Hayes Street/Cascade Drive* LOS E B 10.3 - A 10.0 - 13 Hayes Street/Oregon Way* LOS E A 9.7 - B 10.3 - 14 Settlemier Avenue/Parr Road* LOS E D 31.3 - A 10.0 - :i!o: ded Ailed values do not meet operating standards. Two-Way Stop Controlled intersections: LOS=Level of Service of Major Street/Minor Street(i.e.,A/F) Delay=Seconds of Delay of Worst Movement *All-Way Stop Controlled intersections: LOS=Level of Service of intersection Delay=Average Delay 6 2000 Highway Capacity Manual,Transportation Research Board,Washington DC,2000. 2010 Highway Capacity Manual,Transportation Research Board,Washington DC,2010. 11 290 In YY0II 1001I"II',:WIII'I,11q I SIINAIIRII,..II IIwII II,1K RA11:]:]C IINAIIpA � ANALYSIS PIE As shown, one location does not meet operating standards today.The unsignalized intersection of Settlemier Avenue/Hayes Street fails during both peak hours for left-turn movement of the minor street.The side street traffic at Hayes Street experiences long delays due to the heavy traffic volume in the north-south direction on Settlemier Avenue during peak hours.The delay analysis suggests that there is a high north-south volume along Settlemier which is free flowing.This results in inadequate gaps for the left turning traffic in the eastbound direction.The eastbound through movements experience the highest delays as they must cross two opposing lanes of high volume traffic. SAFETY ANALYSIS Five years of collision records (2011-2015)for the study area were obtained from ODOT's online database.The data identified 144 collisions at the study intersections during the five-year period. Observed crash rates at the study intersections were calculated to identify problem areas in need of safety mitigation.The total number of crashes experienced at an intersection is typically proportional to the number of vehicles entering it.Therefore, a crash rate describing the frequency of crashes per million entering vehicles (MEV) based on the critical crash rate procedure in the Highway Safety Manual (HSM) Network Screening chapter is used to evaluate each intersection. This observed crash rate at each site was then compared to either a calculated critical crash rate that is unique to each site and based on the critical crash rate procedure in the Highway Safety Manual (HSM) Network Screening chapter, or a critical crash rate based on the 90th percentile crash rate for similar intersections in Oregon. Intersections that exceed their respective critical crash rate are flagged for further review. Table 3 shows the total reported collisions at each study intersection as well as the calculated observed crash rate and the 90th percentile critical crash rates for similar intersections in Oregon.The observed crash rates exceeded the critical crash rates at the intersections of Evergreen Road/Harvard Drive and Evergreen Road/Highway 214.Therefore, further review of the intersection crashes has been provided. • Evergreen Road/Harvard Drive -A total of seven (7) crashes were reported over the five-year period at this location and approximately 83 percent of crashes were angled collisions and 17 percent of crashes were considered 'other' type collisions.The leading cause of the angled collisions was due to a vehicle making an improper turn.There was one (1) pedestrian related crash that resulted in an injury to the pedestrian.The report indicates that the driver failed to yield to the pedestrian due to the pedestrian's dark clothing.The crash occurred at 9 p.m. during dry conditions • Highway 214/Evergreen Road—A total of 47 crashes were reported over the five-year period at this location and approximately 47 percent of crashes were rear-ending collisions, 41 percent of crashes were turning collisions, and 12 percent were considered 'other' or angled collisions.The leading causes of the rear-end collisions were due to driver's inattentiveness and vehicles following too closely.The leading cause of the turning and angled collisions were due to a vehicle making an improper turn.There was one (1) pedestrian related crash that resulted in an injury to the pedestrian.The report indicates that the driver failed to yield to the pedestrian.The crash occurred at 3 p.m. during dry conditions. No reported crashes at this intersection resulted in fatalities or severe injuries, and the majority of collisions at this location were classified as property damage only. 12 291 InYY0II 1001I"II',:WIII'I,11q I SIINAIIRII,..II IIwII II,1K RA11:1:1C IINAIIpA � ANALYSIS PIE Based on the review of the causes of the crashes, it can be concluded that the crashes are mostly due to the error of the driver. None of the crashes were due to weather conditions, high traffic volume, bad lighting or faulty design at the intersection.Therefore, it can be concluded that the addition of traffic at this intersection may not result in more crashes in the future. TABLE 3:SUMMARY OF INTERSECTION COLLISION HISTORY(2011-2015) Collision Type Observed Critical Over Fatal Injury Property Total Crash Crash Critical No. Study Intersection Damage Rate Rate Rate? Only 1 Evergreen Road/Harvard Street 0 5 1 6 0.72 0.41 Yes 2 Evergreen Road/Hayes Street 0 3 1 4 0.26 0.41 No 3 Highway 214/Evergreen Road 0 22 25 47 1.01 0.86 Yes 4 1-5 NB Ramps/Highway 214 0 17 20 37 0.74 0.86 No 5 1-5 SB Ramps/Highway 214 0 13 15 28 0.59 0.86 No 6 Highway 214/Settlemier Avenue 0 0 1 1 0.02 0.86 No 7 Settlemier Avenue/Hayes Street 0 1 6 7 0.33 0.41 No 8 Settlemier Avenue/Ben Brown Road 0 0 0 0 0.00 0.48 No 11 Hayes Street/Cascade Drive 0 0 1 1 0.09 0.41 No 12 Highway 214/Oregon Way 0 6 4 10 0.25 0.86 No 13 Hayes Street/Oregon Way 0 0 0 0 0.00 0.41 No 14 Settlemier Avenue/Parr Road 0 3 0 3 0.08 0.19 No 13 292 In YY0II 1001I"II',:WIII'I,11q I SIINAIIRII,..II 'IIwII II,I< RA11:1:1C IINAIIpA � ANALYSIS PIE KEY ASSUMPTIONS AND METHODOLOGIES The following section outlines key assumptions and methodologies associated with the proposed project that were used to analyze future conditions and identify any potential impacts at study intersections. Areas of interest covered in this section are trip generation,trip distribution,and background traffic growth. PROJECT DESCRIPTION The proposed project is the multi-phase Smith Creek Development.The project is primarily a residential project which consists of a mix of single family detached housing, townhouses, and multi-family.The proposed Project Site Plan is shown in Figure 4.The plan shows 607 single family residential units and 201 multi-family housing units along Kirksey Street.To be conservative, we assumed that all of this property would be developed at site build out. TRIP GENERATION Trip generation is the method used to estimate the number of vehicles that are added to the surrounding roadway network as a result of the proposed project.The trip generation for the proposed project was estimated using similar land uses as reported by the Institute of Transportation Engineers (ITE)8. Since the proposed site would be adding residential units, the potential trip generation was calculated for the AM and PM peak hour using the Single-Family Detached Housing(ITE Code 210) and Residential Condom iniums/Townhouse (ITE Code 230) land use.The proposed project will be built in three scenarios as follows: • Scenario 1: Phase 1A, 1113, 2A, 2B and 2C will be built. Internal street connections to Harvard Drive, Ben Brown Lane and Kirksey Drive will be built. Completion Year 2021. • Scenario 2: Phase 3A and 4A will be built. Internal street connections to Stubb Road will be built. Completion Year 2023. • Scenario 3:All the remaining project phases (Phases 3B and 4113)will be built-out. Completion Year 2025. As shown in Table 4, project site has the potential to generate 543 trips in the AM peak hour, 712 trips in the PM peak hour and 6,946 daily trips. TRIP DISTRIBUTION AND ASSIGNMENT Trip distribution reflects how site traffic will leave and arrive at the site and what roads those trips will take.The distribution of site-generated trips through the study intersections was estimated using the US Census data and observed local traffic patterns. It is estimated that of the total project trips, 45%would travel north and 30% would travel south using the 1-5 freeway, 20%would travel to the east and 5%would travel to the west of the project site.The trip distribution percentage to/from the project site for each scenario is shown in Appendix C. The Trip assignment showing the project trips at each study intersection is shown in Figure 5a and 5b. 8 Institute of Transportation Engineers(ITE) manual,Trip Generation,9th Edition. 14 293 +r PHASE 3B l « m ,r i,:, r Pn r,n III t , w r � rlrtGyOl��'il „ �� 0.a m v ! ._mnra r�✓ r ,row" I_ ),5 � _ _ _ � �` f"4� r - drG�YY»ti ll�°1'� ma NmA uYfupi �Y+, ,1 u r iP � " r� F ��+7,�& rra,„"O AVUffl IF ' � a mor 1X1,mrr �aIWEr `� t!d@W ad MIY .'�VKIIUr ,l .I,., 1. /� r, f u ......... .. 'ri NiFdtJPoMMi �IPubtl4 / FO�f”, MOVE PHA r:AC G - 77 t L._ . I .x. i I r lr� /�, f< rC&Lr-ra n.u'e ver�- "�.zr m y 1 Z I inrvue > _ W'k".>W raMi4 id4 NJI J4VY'NNdG '.�y, �' W' / rY� - " C J p^�r r ran> rwmera i ��.1 frJ1j �..,1 a v. 1.,,�.... J''�I, ....�_I i..,�. Ih arpoa rwe MOWN p.nm. .d ax.6w.nmr m.ar�wG.,,d. rmaw.nr F,. .r't ,lg„�' ✓'r /r” it err 'ra � �� myr�ryrk � r , k� ' ,1 a �rur..• a � ...... r__,..�. rJ�"�" n , PHASE i -µpG.Di rn m N �m� m yam&m- .�� ri � ra 14 gyk" �d IG k � PARA ROAD Project Site Plan Source:Planning&Land Design No Scale 15 294 II Y 0111 1001)11:W, III'I,11 q I SIINAII R II,..II IIwII II,1K RA11:1:1C IINAIIpA � ANALYSIS 1,S,II° TABLE 4:SMITH CREEK DEVELOPMENT VEHICLE TRIP GENERATION BY PROJECT DEVELOPMENT PHASE Quantity Daily AM Peak Hour PM Peak Hour ITE Land Use Trips In Out Total In Out Total Scenario 1 Single-Family Detached 324 3,084 62 181 243 204 120 324 Residential 105 610 7 39 46 37 18 55 Condominium/Townhouse Scenario 2 Single-Family Detached 172 1,637 33 96 129 108 64 172 Residential 96 558 7 36 42 34 16 50 Condominium/Townhouse Scenario 3 Single-Family Detached 111 1,057 21 62 83 70 41 111 TOTAL VEHICLE TRIPS 808 6,946 129 414 543 453 259 712 16 295 �. Evergreen Rd.@ Harvard Dr. 5 4 3 12 0 0 0 WO(0) "� o o O Q- o�s� j 86(302) W {sTcrR Srr arr crrc ry Il id/)'rvr: 6 o f) c Srnr_vALLISON inrr,Y �+^t ,111 „0((0) 8, 2 C' Q(0)'� o o 0 0 13 11 wr HAY/:s ST 7 N cAlarir�.�>,,r U X (y 4 ..... .,�, y�`c-�`.r r � r, 4, 2. Evergreen Rd.@ W Hayes St mN�O mO E., I►IIItYIL ®19 0 Project Site goo(0) 79(48) i► � ""'^ Pnrrrr RD rvr o Scale 10 9 v 14 Key Map .3. Evergreen Rd.((p�� 4. Hillsboro-Silverton Hwy.NE @ 1-5 NB Ramp 5.Hillsboro-Silverton Hwy.NE @ 1-5 SB Ramp Hillsboro-Silverton Hwy.NE 0 000 0 0 0 � ® .- 145(91) m� o n min, (�) 158(98) (7 57(37) m ®12(13�) rm7(24) 21(13) � 6(23) 0(0) J 54(19 1 ,�� , 53(184) ���� O ®� 124(78) 85(299) ' Z mm® �o V N M N N/S-Split E/W-Protected-Permitted 6. Hillsboro-Silverton Hwy.NE @ 7 wHayes St @ 8.Ben Brown Ln.@ N SettlemierAve. N SettlemierAve. N SettlemierAve. _} \ -/4t- ............... ( 3 2 45 7 24) ()m 0(0)® sO�3�/ 7 13 46)®� �I t,,�* o/// �� 0���®®� - s7, kA � N 0 ^o NIS-Protected L7W-Protected LEGEND ' #0-Study Intersection Lane Configuration Traffic Signal AM(PM) Peak Hour Traffic Volumes Project Trip Assignment Stop Sign ROM Volume Turn Movement at Full Buildout Left•Thru•Right 17 296 9. Parr Rd.NE @ Kfrksey Dr: 5 4 3 12 C M w ',�{.S6?OR srr.4r/Rro/v I lid/),rvE: 6 � cx '4' 7(26) S rncr ALLISON WAY -- - 0(0) )18J 2 c"' 2034(' )m 13 0 0 11 1 wr HAY/:s Sr cAWrr�.�>,,r <7` r , a11 r, 10. Pan'Rd.NE @ Stubb Rd.NE �r Project Site I; o � mm4(14) aim 0(0) m 0(0) PARR RD tvroScale 10 9 v 14 Key Map 11. W Hayes St.@ S Cascade Dr: 12. Hillsboro-Silverton Hwy.NE @ Oregon Way 13. W Hayes St.@ Oregon Way 000 �0(0) 0 0 0 0 0 0 B (� ) �� 42(26) 00 ® t 0(0) O(0� m 0 0 0(0) mw� /�i� 12(38) f* � ,. „ 13(46) KIM 0(o��� ��6h O(0) m®� 5(17) �9 0 0 0 AVS-Protected E/W-Protected 14, Parr Rd.NE @ S Settlemier Ave. 0 00 0 1101(00'))�® it 0 m O 3 0(� ,� ��j► I'iiii f 0(0)1—,+ (0)1 mm moo . 0 LEGEND #0-Study Intersection Lane Configuration Traffic Signal AM(PM) Peak Hour Traffic Volumes Project Trip Assignment Stop Sign mmm Volume Turn Movement at Full Buildout Left•Thru•Right 18 297 InY0II 1001I"II',:MIII'I,11q I SIINAIIMII,..II IIwII II,1K RA11:]:]C IINAIIpA � ANALYSIS PIE BACKGROUND TRAFFIC Background traffic, or the traffic expected to be present in 2025 without the proposed project, was estimated using the ODOT's 2035 Future Traffic Volume Table. Using this table and discussions with the City staff, it was determined that an annual growth rate of 1%would be added to the existing vehicular volumes to determine the future traffic volumes in the year 2025. The forecast of future traffic volumes was checked against any developments in the study area that have been approved by the City, but have not yet been occupied, in order to account for their impact. DKS coordinated with the City to obtain the list of such cumulative projects and details that described how many trips would be generated and how they would impact study intersections. It was determined that all the trips from all development projects will be accounted for in the annual growth rate.Therefore, no further adjustments to the traffic forecast would be necessary. Figure 6a and 6b shows the traffic volumes in the year 2025 that would be present with the proposed project completely built and operational (Figure 5a and 5b volumes plus 2025 baseline peak hour volumes). FUTURE TRANSPORTATION NETWORK Based on discussions with the City, DKS obtained the list of proposed future capital improvement projects which would add capacity and/or change traffic operations within the study area. Improvement projects assumed to be constructed by 2025: • Hayes Street between Settlemier Avenue and Cascade Drive.The improvement is in the City's Capital Improvement Program as project CIST1486, and is allocated $3.2 million. The intent of the improvement project is to upgrade this portion of Hayes Street to provide a modified service collector cross-section,which includes sidewalks on both sides of the street, and space for bike lanes. Additional right-of-way is required.This improvement will also modify the existing intersection approaches at Hayes Street and Settlemier Avenue, although the final design has not been identified. No other planned improvements have been assumed for the off-site roadways within the study area. 19 298 �. Evergreen Rd.@ Harvard Dr. 5 4 3 ^^ �.. 12 Ys� M GO(3 Q- ..s orzc srr.lrr..crr ®� ��67(1(34 w o/v Hill/ tyt. 6 109(341) S srnrrALLISON WAY ,II u 8 2 a,a �✓ 19140) 2 R r,5 1���6�� 0 o co 13 11 wr HAY/:s ST 7 M 3 r � r, 4, 2. Evergreen Rd.@ W Hayes St v mm� 175 (143) 040 Project Site4f m 104106) 045) 95(65) 30(69) 8 Q"J Pnrrrr RD ryr o Scale 70 9 v 14 Key Map .3. Evergreen Rd.((p�� 4. Hillsboro-Silverton Hwy.NE @ 1-5 NB Ramp 5.Hillsboro-Silverton Hwy.NE @ 1-5 SB Ramp Hillsboro-Silverton Hwy.NE cD N N � � o 17(14) N mmm 553 � 765(796) � ' 595(382) ®m � (587 .......... j 137(225) 0-19826(1032) �►�►® 409(647) 82(114) 511(1085) ��r►r► 435(589)0 764(900) 165(18 1) ®®m 281(389) 140(382) ' o 4,11 A'S- Split E./bV-Protected-Permitted 6. Hillsboro-Silverton Hwy.NE @ 7 wHayes St @ 8.Ben Brown Ln.@ N SettlemierAve. N SettlemierAve. N SettlemierAve. N � h h � O n � 1 4 �\ 137( N o 91) ® N • `� �� 414(644)145 J ............... ®115X ) 46(45 Im 963(89) 596(566)®y ��i* �S6j2� "' 2�2�w1 `7I 189(411)0 ZkA } N N^ 0 NIS-Protected 4; E/W-Protected LEGEND ', -Study Intersection Lane Configuration Traffic Signal AM(PM) Peak Hour Traffic Volumes Project Site Buildout (2025) Stop Sign mmm Volume Turn Movement AM/PM Peak Hour Traffic Volumes Left•Thru•Right 20 299 9. Parr Rd.NE @ Kfrksey Dr: 5 4 3 72 w ',�{.S6?OR srr.4r/Rro/v I lid/),rvE: 6 � cx '4' 7(26) S rncr ALLISON WAY -- - 0(0) ()18 J 2 c"' 13(8)IM 73 0 0 11 1 wr HAY/:s Sr cAWrr�.�>,,r <7` r , a11 r, 10. Pan'Rd.NE @ Stubb Rd.NE Project Site I; �m 4 7(17) °m 92(66) m 1(6)�� m FGA,l 8 127(83) PARR RD tvr ......... ......... .............................. No Scale 10 9 74 Key Map 11. W Hayes St.@ S Cascade Dr: 12. Hillsboro-Silverton Hwy.NE @ Oregon Way 13. W Hayes St.@ Oregon Way 5 M �W 17(67) * min, �,� `�252(257) 9���921) ouuiu m 1(3) 35(38)® 22(113) t+ 9 211292) 4tO 41°„ 875(1046) (3) 1110 11(49) M <T O M AVS-Protected E/W-Protected 14, Parr Rd.NE @ S Settlemier Ave. o � o� 3(11) 173(76) 20(52) 272(99) 174(55) 127 48 IT* ^�h ti LEGEND 40-Study Intersection Lane Configuration Traffic Signal AM(PM) Peak Hour Traffic Volumes Project Site Buildout (2025) Stop Sign mmm Volume Turn Movement AM/PM Peak Hour Traffic Volumes Left•Thru•Right 21 300 II I XX 0111001)11:W, III'I,11 q I SIIAII I II..II 'IIwII II,K ',A11:]:]C IIAIIpA I ANALYSIS 1,S,II° FUTURE CONDITIONS This chapter reviews the impacts that the proposed project would have on the study area transportation system. The analysis was performed for 2025 to capture impacts during this period, which are when study area traffic volumes are expected to be the highest due to daily commuter trends. Following the analysis, recommended mitigations are described and evaluated. FUTURE TRAFFIC OPERATIONS Future traffic operating conditions were analyzed at the study intersections to determine if the transportation network can support the proposed project. 2025 OPERATING CONDITIONS To determine project impacts at the study area intersections, traffic operating conditions were analyzed during the AM and PM peak hour for the 2025 Project Site Buildout scenario.The same operations analysis methodology that was used to evaluate existing conditions was applied, including the Synchro software package using 2000 Highway Capacity Manual methodology9 for signalized intersections and 2010 Highway Capacity Manual methodology10 for unsignalized intersections. Intersection operating conditions for the 2025 Project Site Buildout scenario is listed in Table 5 and detailed intersection calculation worksheets are included in Appendix D. As shown, three intersections do not meet mobility targets: • Evergreen Road/Hayes Street • Highway 214/Settlemier Avenue • Settlemier Avenue/Hayes Street—which does not meet standards today The intersection of Parr Road/Stubb Road in its current configuration is suitable for expected project volumes at the buildout of the site.Therefore, no new left turn lanes on the Stubb Road approach are required as part of this project. It is anticipated that the City(or Marion County)will require frontage improvements to Parr Road that match the roadway's ultimate cross-section, similar to Parr Road to the east of the site. Once the south side of Parr Road is fully improved, by subsequent development, this will provide space in the center for left-turns on and off of Parr Road. 9 2000 Highway Capacity Manual,Transportation Research Board,Washington DC,2000. 10 2010 Highway Capacity Manual,Transportation Research Board,Washington DC,2010. 22 301 II Y011I 1001I"II',3uIII'I,11q I SIINAIIRII'II 'IIwII II,I SII\J II II II'pII II II IIRA11II V IIII'AIIIpA � ANALYSIS PIE TABLE 5:2025 PROJECT SITE BUILDOUT AM AND PM PEAK HOUR MOTOR VEHICLE OPERATIONS AM Peak Hour PM Peak Hour Intersection Operating No. Standard LOS Delay(sec) U/C LOS Delay(sec) V/C Traffic Signal Controls 3 Highway 214/Evergreen Road 0.95 V/C C 31.0 0.65 D 43.8 0.78 4 1-5 NB Ramps/Highway 214 0.85 V/C B 10.1 0.59 C 20.9 0.65 5 1-5 SB Ramps/Highway 214 0.85 V/C B 10.6 0.56 C 20.3 0.83 6 Highway 214/Settlemier Avenue 0.95 V/C F 81.2 it 97 F 120.8 1 01 12 Highway 214/Oregon Way 0.95 V/C C 32.8 0.41 C 28.7 0.60 Stop Sign Controls 1 Evergreen Road/Harvard Drive LOS E A/B 14.6 - A/D 25.8 - 2 Evergreen Road/Hayes Street* LOS E E 112.2 - F fl!8 6 - 7 Settlemier Avenue/Hayes Street LOS E A/E >100 - A/F A 80 - 8 Settlemier Avenue/Ben Brown Lane LOS E A/C 16.4 - A/B 13.9 - 9 Parr Road/Kirksey Drive LOS E A/A 8.8 - A/A 9.3 - 10 Parr Road/Stubb Road LOS E A/A 9.8 - A/A 9.5 - 11 Hayes Street/Cascade Drive* LOS E A 9.8 - B 10.9 - 13 Hayes Street/Oregon Way* LOS E A 9.7 - B 11.0 - 14 Settlemier Avenue/Parr Road* LOS E C 21.9 - B 10.3 - 11:!oided Red values do not meet operating standards. Two-Way Stop Controlled intersections: LOS=Level of Service of Major Street/Minor Street(i.e.,A/F) Delay=Seconds of Delay of Worst Movement *All-Way Stop Controlled intersections: LOS=Level of Service of intersection Delay=Average Delay 23 302 OnY0II /A/00II"II',:MIII'I,11q I SIINAIIMII,..II 'IIwII II,I< RA11:1:1C IINAIIpA � ANALYSIS PIE PROJECT PHASING This development is programmed over a total of 9 phases.To investigate how growth and new street connections impact the local street system, a project phasing traffic analysis was conducted for three scenarios. Under each scenario, assumptions were made about which development phases and the on-site roadways that would be built as detailed below. Scenario 1 Based on discussions with the applicant, below are the assumptions for this scenario: • The completion year is 2021. • Phase 1A, 1113, 2A, 2B and 2C of the proposed project are assumed to be completed and operational. Therefore, a total of 324 single family housing units and 105 multi-family residential housing units are assumed to be built. • Connection from the project site is via Harvard Drive, and Ben Brown Lane.All street connections to Ben Brown Lane should be stop-controlled. The daily traffic volume on Harvard Drive today is about 1,300 just south of Evergreen Road. With the added traffic from Scenario 1, it will increase to about 3,330 a day. Harvard Drive and Ben Brown Lane are designated as an 'Access Street' as per the City of Woodburn Transportation System Plan.Therefore, the existing roadway classification for both streets would be able to support the new trips added due to the proposed project. Also, Harvard Drive lacks fronting driveways on the eastside of the road;therefore the growth in traffic would have less impact. Harvard Drive south of Evergreen Road allows on-street parking along the eastside which could be restricted to address impacts of higher traffic volumes. Scenario 2 The second phasing scenario makes the following assumptions: • The completion year is 2023. • Phase 3A and 4A of the proposed project are assumed to be completed and operational.Therefore, a total of 172 single family housing units and 96 townhouse units are assumed to be built. • Additional connection from the project site is via Stubb Road. Stubb Road is designated as an 'Access Street' in the City of Woodburn Transportation System Plan. Killian Spring Parkway is being proposed as an 'Access Street.' Based on trip distributions all internal streets will be able to support the buildout condition of the project trips within the existing roadway classification. Harvard Drive is proposed to be extended south via Stubb Road right-of-way and connect to Parr Road as part of this project.This extension would provide an alternative access to Parr Road from the project site along with Kirksey Drive and Eaden Drive.The proposed extension of Harvard Drive via Stubb Road would result in five new intersections along the extension, the first at Ben Brown Lane, the second at Hershberger Avenue (three legged), third at Killian Spring Parkway(three legged), fourth at Gunderson Lane (three legged) and the fifth at Sawtelle Drive. Due to lower traffic volumes, it is recommended that these intersections will be controlled by stop signs 24 303 OnY0II /A/OOII"II',:MIII'I,11q I SIINAIIMII,..II 'IIwII II,I< RA11:1:1C IINAIIpA � ANALYSIS PIE on the minor street approaches. A two-way stop controlled operation at all three intersections (having north- south Harvard Drive as free) is recommended. Scenario 3 The third phasing scenario makes the following assumptions: • The completion year is 2025. • All phases of the project are assumed to be completed and operational in this scenario. • The entire proposed internal street network is assumed to be completed for this scenario. This scenario is presented in detail in the previous section of this report. Some of the planned internal streets within the project site are Ben Brown Lane, Harvard Drive Extension to Parr Road, and Killian Spring Parkway. These streets are proposed to be built as 'Access Street' in the City of Woodburn Transportation System Plan. Based on trip distributions all internal streets will be able to support the buildout condition of the project trips within the existing roadway classification. 25 304 II Y 0111 1001)113u III,11 q I SIINAII R II..II 'IIwII II,I SII\J II II II'pII II II I IRA11 II Q II II'AIIIpA � ANALYSIS 1,S,II° RECOMMENDED OFF-SITE IMPROVEMENTS AND PROJECT MITIGATIONS The foregoing traffic study identified three intersections that will be operating below the agency's preferred minimum targets.The intersection of Settlemier Avenue/Hayes Street fails today and will continue to under serve side street traffic without improvements at that intersection. As noted previously, the City is planning to upgrade Hayes Street, including its intersection with Settlemier Avenue in the next few years.The latest concept for this intersection is illustrated on Figure 7 on the following page. Two other study intersections were shown to not meet agency performance targets by the time the project is fully developed in 2025.These two locations include the Highway 214/Settlemier Avenue (ODOT) intersection and the Evergreen Road/Hayes Street (City) intersection. The ODOT mobility target on Highway 214 is 0.95 Volume-to-Capacity Ratio, which means that they prefer no more than 95 percent of the intersection capacity to be used at the busiest times of day.Today it operates at 0.88 Volume-to-Capacity Ratio during the PM peak hour, which shows that there is a small portion of peak hour capacity(0.07) available. Our phasing analysis determined that Scenario 1, with 429 units built within the proposed Smith Creek PUD, would add 0.06 to the Volume-to-Capacity Ratio to the intersection in the PM peak hour, and still operate under ODOT's preferred 0.95 Volume-to-Capacity Ratio target.This essential fully utilizes the peak hour capacity, and improvements will be required to serve additional growth, both locally and regionally.The recommended mitigation for this intersection is identified below. The City intersection of Evergreen Road/Hayes Street also falls below the City's mobility target with the full development of the project site.We recommend a mitigation to address the project impacts at this location. Once the recommended mitigations are applied,the 2025 PM peak hour conditions will be as summarized in Table 6 below. Detailed intersection calculation worksheets are included in Appendix E. Previous analysis has shown that the PM peak hour has more congestion than the AM peak hour period, so we conclude that the recommended improvements would perform adequately for both periods. TABLE 6:2025 MITIGATED PM PEAK HOUR MOTOR VEHICLE OPERATIONS PM Peak Hour Intersection Operating Standard No. LOS Delay(sec) V/C Traffic Signal Controls 6 Highway 214/Settlemier Avenue 0.95 V✓C E 66.3 0.78 Stop Controls 2 Evergreen Road/Hayes Street* LOS E E 48.9 - 7 Settlemier Avenue/Hayes Street** LOS E A 6.0 0.72 V/C=Volume-to-Capacity Ratio of Worst Movement ** It is a Mini-Roundabout *All-Way Stop Controlled intersections: LOS=Level of Service of intersection Delay=Average Delay 26 305 InY0II 1001I"II',:WIII'I,11q I SIINAIIRII,..II 'IIwII II,K RA11:1:1C IINAIIpA � ANALYSIS PIE FIGURE 7:CURRENT IMPROVEMENTS PROPOSED BY THE CITY AT SETTLEMIER AVENUE/HAVES STREET l r i J i j, i l Settlemier Avenue/Hayes Street:This location is the intersection of a designated minor arterial and a service collector street.These are two higher class streets in the city's transportation network.The existing stop controls are not adequate to serve side street traffic during peak hours.The delay analysis suggests that there is a high north-south volume along Settlemier Avenue which is free flowing.This results in inadequate gaps for the left turning traffic in the eastbound direction on Hayes Street.Therefore,the delay on the west leg is very high. The city's latest improvement concept, as shown above in Figure 7, is a significant enhancement to this location, however, it does not address the major delays for the Hayes Street left-turning traffic.This approach would continue to fail during peak hours. Therefore, the following improvements should be considered: • Install traffic signal 27 306 InY0II 1001I"II',:MIII'I,11q I SIINAIIMII,..II 'IIwII II,K RA11:1:1C IINAIIpA � ANALYSIS PIE • Install mini-roundabout or • Limit access for the west leg to right-in and right-out only. Since this intersection is being upgraded as part of the City's improvement to the Hayes Street corridor, it is recommended that the City incorporate better quality traffic controls at this location as a part of that investment. For analysis purposes, we assumed a mini-roundabout design, which a Volume-to-Capacity Ratio of 0.72,which is within the range allowed by the city standards. It should be noted that the proposed project has no impacts on the off-site pedestrian movement.Therefore, no mitigation measures to address potential impacts to pedestrians are recommended as part of this project. Highway 214/Settlemier Avenue:This location does not meet the minimum performance standards in the project buildout year. A review of the traffic operations analysis suggests that the intersection has a high volume of traffic eastbound and westbound on Highway 214, and in the PM peak hour the northbound left-turn from Settlemier Avenue onto the highway westbound exceeds capacity.Together, there is significant queuing on all approaches.The challenge at this location is that adding capacity to serve these high volumes requires roadway expansion.Therefore, the following geometric improvements are recommended: • Upgrade OR 214 to 5-lane section from North Cascade Drive to east of Settlemier Avenue. • Expand the intersection of OR 214/Settlemier Avenue to provide two through lanes in the westbound and the eastbound direction on the highway.The five-lane improvement should continue east of Settlemier Avenue, a sufficient distance to promote balanced usage of the new eastbound lane. This is a major roadway improvement project that covers about a mile of the highway corridor.This improvement will likely be considered by the City and ODOT during its update to the Woodburn Transportation System Plan, which began last year. It is highly unlikely that the planned improvement at this location would be completed before the approval of the proposed project.Therefore, the applicant could support the City and ODOT to help the proposed project move forward despite the delays in the implementation of the proposed improvements by the agencies. With this recommended improvement in place, the intersection would operate at a Volume-to-Capacity Ratio of 0.78 by 2025, as noted in Table 6, which is within ODOT's performance standards. Evergreen Road/Hayes Street:The southbound approach will experience heavy queuing with insufficient turn pocket storage without improvements. Left-turning vehicle queues are likely to block right turning vehicles during the PM peak hour.Therefore, the following geometric improvements are recommended: • Re-stripe the southbound shared left-through-right turn lane to provide a shared through-right turn lane. • Add striping to accommodate a new left turn lane in the southbound direction. • Adjust the east curb line, if necessary,to accommodate a northbound receiving lane. This additional left turn lane will increase intersection capacity and provide additional left turn storage.The existing curb to curb width is 40';this would accommodate a southbound through-right turn lane, one southbound left turn lane, and one receiving lane for the northbound traffic. The left turn pocket needs to be 28 307 CInY0II /A/00II"II',:MIII'I,11q I SIINAIIRII,..II IIwII II,1K RA11:]:]C IINAIIpA � ANALYSIS PIE 150' based on the left turning volumes in the PM peak hour(149).The taper transition area to develop the left- turn pocket will be 60'. With the provision of a separate southbound left-turn lane, the peak hour conditions will improve to LOS E during the PM peak hour, as shown in Table 6. 29 308 InY011: 1001I"II',:WIII'I,11q I SIINAIIRII,..II 'IIwII II,K RA11:1:1C IINAIIpA � ANALYSIS PIE SUMMARY/RECOMMENDATIONS The traffic study report outlined the existing conditions of the study intersections in the vicinity of the project, details of the proposed project, number of new trips generated, its impacts on the intersections and the recommended mitigation measures. EXISTING CONDITIONS Based on field investigation and the initial operational analysis of the intersections, below is the brief summary of findings: • One study area intersection operates below standards, and that is Settlemier Avenue/Hayes Street • The bikeway improvements within the study area are very limited. Only OR 214 has a continuous route available. Once Hayes Street is improved between Cascade Avenue and Settlemier Avenue, this will represent a second alternative route. • High crash rates were observed at two locations, however, the crashes are not due to high traffic volumes or facility design. FUTURE CONDITIONS • The Smith Creek Development will be developed over approximately 9 phases and was assumed to be completed within about 8 years. • The Smith Creek Development will generate approximately 6,946 daily vehicle trips and 1,256 (543 in AM and 712 in PM) peak hour trips when fully built. • A possible restriction on on-street parking along Harvard Drive would address traffic impacts along the roadway. • The addition of Smith Creek Development plus background growth will cause two additional intersections to fall below peak hour performance standards. PROJECT PHASING AND CONNECTIONS • When it is fully built, the Smith Creek Development site will have twelve (12) connections to the local street system, which will offer many routes for travelers in and out and through this new development area. • The large number of travel options will help to reduce added traffic on existing neighborhood streets. • The analysis was conducted in three scenarios. Each scenario was based on the assumption that some phases of the project and proposed roadway connections are built. • For Scenario 1, it was assumed that the Phase 1A, 1113, 2A, 2B and 2C of the project will be completed by the year 2021 and the connections from the project site was via Harvard Drive, Kirksey Drive and Ben Brown Lane.The intersection of Highway 214/Settlemier Avenue can handle all the project trips for this scenario without getting impacted. 30 309 In YY 0111001)11:W, III'I,11 q I SKAII I II,..II 'IIwII II,K ',A11:]:]C IKAIIpA I ANALYSIS 1,S,II° • For Scenario 2, it was assumed that Phase 3A and 4A of the project will be completed by the year 2023 and the connections from the project site was via Stubb Road and Eaden Way • For Scenario 3, it was assumed that all phases of the project will be completed by the year 2025 and all the remaining connections from the project site are completed. RECOMMENDED OFF-SITE IMPROVEMENTS AND PROJECT MITIGATION Based upon the analysis presented in this report, it was determined that the proposed project would generate significant off-site traffic impacts at three intersections. One of these intersections does not meet performance standards today.The cost to correct these existing deficiencies should be funded by the local agencies. We have developed initial recommendations for improvements at these locations.These improvement concepts should be considered during the City's Transportation System Plan update process. The recommended mitigation at Evergreen Road/Hayes Street will be the responsibility of the applicant due to the added traffic at this location.The applicant will provide the fairshare for the improvements at Settlemier Avenue/Highway 214.The mitigation measures recommended below will provide acceptable performance at the intersections and they would operate within the mobility targets adopted by the City. RESPONSIBILITY OF LOCAL AGENCIES Settlemier Avenue/Hayes Street:The existing offset legs of Hayes Street compounds the operational issues at this location. Given the City's plan to upgrade the quality of Hayes Street and its intersection with Settlemier Avenue, which is designated as a service collector street, between Settlemier Avenue and Cascade Avenue, this location should continue to provide full access and provide safe crossings for bikes and pedestrians. Our preliminary review of this location suggests that a mini-roundabout design is feasible, and will provide acceptable traffic performance. Alternatively, a traffic signal control could be installed to achieve the same objective without the need for striping changes. RESPONSIBILITY OF LOCAL AGENCIES AND ODOT(APPLICANT WILL PROVIDE FAIRSHARE) Highway 214/Settlemier Avenue:This junction of major arterial (highway 214) and a minor arterial (Settlemier Avenue) operates at Level of Service E during peak hours today during peak hours.The intersection fails during the project buildout. However, the intersection could handle all project trips for Scenario 1 without exceeding the threshold from the ODOT's Mobility target of 0.95 v/c.Therefore, a total of 324 single family units and 105 multi-family units could be built before this intersection could be impacted. Additional traffic capacity is recommended to serve the expected growth within the community. It is recommended to upgrade the OR 214 to a 5-lane roadway by adding a through lane in eastbound and westbound direction. As shown in Table 6 on page 24,this improvement would provide LOS E conditions during the PM peak hour. RESPONSIBILITY OF APPLICANT Evergreen Road/Hayes Street: It is recommended that the north leg of this intersection be improved.This would provide a left turn lane in southbound direction and a shared through and right-turn lane, similar to the south leg of the intersection.The left turn storage length needs to at least 150'with a 60' taper.These improvements would provide LOS D or better conditions during the peak hours. 31 310 EXHIBIT P 66' ROW — FULL IMPROVEMENT A 46' IMPROVED ROW TO BE DEEDED 13' 20' 33' EASEMENT TO BE 1' 32' GRANTED �- 12' 12' 8' 6' 6' 5' 10' TEMPORARY TRAVEL LANE TRAVEL LANE PARKING LANDSCAPE SIDEWALKI PUE CON57RUC � EA&FUENT ACCESS STREET 66ROW—PARKING BOTH SIDES STANDARD TEMPORARY 6" ' 6" CURB EXTRUDED CURB KILLIAN SPRING PARKWAY IF ROADWAY NORTH PROPERTY BOUNDARY TO HAYES ROAD NOT BUILT 32'PAVEMENT/46'ROW CONCURRENTLY SCALE: N.T.S. ....................................................................................................... L ...................................................................... ............ ............- EST HAYES STREET .........._.........._.........._.........._.......... . 5' 66' 5' 0 PUE 0'20 s PUE NOT 70 SCALE 0' WALK WALK 46 5' 46' ROW DEEDED & 5' PUE GRANTED I FUTURE 20' ROW 5' & 5' PUE EXISTING PROPERTY LINE Q ST. MARY'S EPICOPA 0 CHURCH L CH z NELLIE MUIR ELEMENTARY z - - — SCHOOL Q SMITH C EEK ....... ? J Y 10 11 12 13 14 s P ASE B IJ = :4 ........ ........ - - - - DE&ANTIS DRIVE ........ SMITH CREEK STAFFORD SMITH CREEK RESIDENTIALDEVELOPMENTDEVELOPMENT COMPANY,LLC .........................e...................t.......1.......L..........)...[.......................................-.......[..�......I..t...................Z........LL...lL..p.......p..b................I....e...................... EXHIBIT P 485 SOUTH STATE STREET ...................................................................................................................................................................................................................................... SUPPLEMENT LAKEOSWEGO,OREGON 97034 CITY OFWOODBURN,OREGON Hayes-KSP,9/5/2018 2:29:34 PM 311 (14 Lu Lli p O cc cc Lu ` DESANTIS DRIVE s TH CREEK \ � � smiTHCT � cc RESIDENTIAL DEVELO T p Q \\ HAZEL SMITH I i I v5� 00 LO _ Q W -- W MEMORIAL I P Q N Q -- o \ PARK q�S I LO AVENUE \--\--\ __ -- kil Q --- Toof OXFORD STREET ]H —F--F—FF--FF--TT---FF--]T---IFT,F— , HAZEL SMITH -- W MEMORIAL -- ------I ---I-- W PARK z \-I _ -- o -�\ _ - PROPOSED PUBLIC LANDS Q ' ° \ \ \ \ p� I O r2 W W oC Q _J L ;� cc 7 t PHASE TRACT AREA ACREAGE v, p CITADEL STREET O -- PHASE 1A TRACT "D" 3,000 SF 0.07 AC F' W REED AVENUE -- o�p -- �� �)��][���)� -- o -- s PHASE 1A TRACT F 3, w O 180 SF 0.07 AC � -- Q)- PHASE 1 A TRACT "M" 18,067 SF 0.42 AC w W I -- I---\-- gEV{- -- _ v� o Y ��[OI��C)F'] it -- -- -- , /.� '4/�i� Or oQ PHASE 1 A TRACT »N» 4,447 SF 0.10 AC PHASE 1A TRACT "0» 164,952 SF 3.79 AC CT "P„ VASSER STREET -- _ 20,542 SANTIAM DRIVE v PHASE 1 A TRA SF 0 47 AC I� PHASE 1B TRACT "A» 55,926 SF 1.28 AC LINFIELD AVENUE - /T.9 ,'�V. .moi `® \ PHASE 2A TRACT "A" 8,065 SF 0.19 AC l PHASE 2A TRACT "H" 28,596 SF 0.66 AC 11W11 Q PHASE 2B TRACT "G" 2,782 SF 0.06 AC W J � j N I I I I I I I I I I I I I I I I I , , , � I I I I I I I I I I I � � I � , •" " PHASE 2B TRACT "H" 49,678 SF 1.14 AC �rrrr SMITH DRIVE M ", ,, V Q � r BEN BROWN LANE '" .: "- �Nr � ,' ,\_ PHASE 2B TRACT 1 11,194 SF 0.26 AC �r -- -- , `` PHASE 3A TRACT 0 150,372 SF J.45 AC 1-77 - I /T,S, , T »A» 86,011 SF 1.97 AC Q � TL 300 _ I I I I ;;.' � I I I I , , Iii, �� V� .. I I I I I I I I I I I I I I I I � � � � ,' � � PHASE 4A TRA � Mc LL ® /� -- T »A» 11,129 SF 0.26 AC •�� Vi��;uuuuui "iuuuu .uuuiu uuuiu ��uuuuuiouuu�•` �uuuuuu ` u uuuu�u�uuu iuuuiu. =uuuui :, :; - , , — ) � PHASE 4B TRAC � � Q �� " TOTALS 617,941 SF 14. 19 AC O D w _•- ` - EE PLAT PLANS R UA ACT 1 - �.� HALTER AVENUE ��'.:•; A L NFORM 0 cc S FOR INDIVIDUAL TR ATI N vs SMITH DRIVE 9 2�:. KILLIAN /NG v2 HAZEL 1_ LL_I_ I I I ��,,. �' \� SMITH ell : ' __ I I I I I I I I I �.'�' � .,. • < - �;.,, ` ` ` MEMORIAL I r MARTHA'S <� PAR I :.: . . . .. :.: -: . .:....:. : . _., - ...:::. .. . ..:.... .: MEADOWS � . TL 4100 HERSHBERGER AVENUE - r = � I I I TL 500 I ___. . • _ I cn OSTROM DRIVE �' I W W -- -- --\ - z: -- �E W - g \ TL 4200 / L\� r -- y Q Z Ic 'I 1. � a` ;: .. , -. � • 'max•" I �: � ''. ' , ,. ' , � " -` O -- - III =i �? I. •`.I IO . --� --�` -- -- -- :•. 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MCATCH BASINtRACT � o / E;®'���1HSPA OF DIRECTION OF SURFACE 6 , , 1 ------------ =1"71.75(S) , 0 DRAINAGE EX SAN MH 1 Xw / RIM IN 7,71.75(5) - / 4 RI M=182.65 313 ZY 'X 20-Year UG13 :Z� Expansion Limitation* ............... tj ............ ....................... -:D C J ,,�T... 7— - - ,77-7�1—�"— L7 x, j J, A 4 r MIIIMOUNDARY ET E 7 7 1 A > P s A, S111 -2 St 20-Year UG13 > Expansion I'll,-'411 �jl Limitation* OF Z/ COMPREHENSIVE LEGEND Low Density Residential Medium Density Residential Commercial 4, --5 7 Industrial Open Space and Parks P, ........... Public Use Urban Growth Boundary Reserve C, & ..................I.. L We ao�-D.B u,R. Y1 C I0 f o r a i c 18 �S q Mixed Use Boundary 5�P .............. Noda PUBLIC WORKS DEPARTMENT I Development Overlay GIS/Engineering Southwest Industrial Reserve LEGEND -7, City Limits Stream Urban Growth Boundary Railroad Interchange Management Area (IMA) Assessor Taxiot City ROW 0 425 850 *20-Year UGB Expansion Limited Until January 11, 2036. PON, 100/11 --lu Acknowledged by The State of Oregon on December 22, 2006, For The Area Inside 1/1.11.1.1/o/o 111.11.1.1/o/o Feet Cl* of Woodburn 1�� 1�� P I Disclaimer:This map is a graphic representation using the most current ty "01`101all-Is/000 The City Limits. Adopted by The Woodburn City Council on October 31, 2005 information available.However,it should not be considered accu rate for (Ordinance Number 2391). Last Revised:January 26, 2016. Attadhiment scaling.Last updated and printed on 9/11/2018. X� 314 1950's and first platted in 1960, continued its development until 1980 when the last lots in Senior Estates were platted. This brought approximately 2,500 retired persons into the Woodburn area. The same period also saw immigration of Mexican-Americans, initially attracted by the agricultural labor in the area and then settling down to become residents, and Old Believer Russians. Woodburn's growth from 1970-2000 exceeded that of the State, the Willamette Valley, and other selected locations in the immediate area. Historically, Woodburn has been able to support its population with a full range of City services and has maintained its identity as a community in the area. It is Woodburn's desire to remain as a redistribution center for outlying areas of the Valley. Public polls taken in Woodburn have confirmed this goal. Expansion of the City in an orderly and efficient manner will aid in giving the population the commerce and industry it has always historically desired. A. Comprehensive Plan Designations and Implementation The Land Use Plan The Comprehensive Plan is based on the recent land use inventories, updated land needs analyses, and the revised goals and policies in this Comprehensive Plan. The Comprehensive Plan represents the most practical arrangement of land uses, considering existing development patterns and the future vision for Woodburn, as embodied in the revised goals and policies. Comprehensive Plan Designations Woodburn has six principal comprehensive plan map designations, and three overlay designations, with corresponding zoning districts: Policy Table 1: Comprehensive Plan Designations and Implementing Zoning Districts Comprehensive Implementing Zoning Density Range Minimum Lot Plan Designation District(s) (Units Per Net Sizes or Unit Area Buildable Acre) in Square Feet 6,000 Interior Lot RS Single-Family Residential 5.2-7.26 8,000 Corner Lot Low Density 10,000 Duplex Lot Residential ........................................................................................................................................................................................................................................................................ .............................................................................................................. R1S Retirement Community Not Applicable 3,600 Interior Lot Single-Family Residential 3,600 Corner Lot ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Nodal RSN Nodal Development 4,000 Interior Lot Development Single-Family Residential 7.9-10.89 4,500 Corner Lot Overlay Medium Density RM Medium Density 10-16 2,720 Per M-F Unit Residential Residential 10,000 Duplex Lot Woodburn Comprehensive Plan—Volume I—Goals and Policies c 1� ) I 1 ��'''' September,2012.Page 6 315 Policy Table 1: Comprehensive Plan Designations and Implementing Zoning Districts Comprehensive Implementing Zoning Density Range Minimum Lot Plan Designation District(s) (Units Per Net Sizes or Unit Area Buildable Acre) in Square Feet 1,980 Per M-F Unit Nodal 8,000 Duplex Lot Development RMN Nodal Residential 10-22 3,000 Interior Overlay (NDO) Rowhouse 3,600 Corner Rowhouse CG Commercial General Commercial DDC Downtown Development Not applicable and Conservation CO Commercial Office ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Nodal Development NNC Nodal Neighborhood Overlay (NDO) Commercial Not applicable Mixed Use MUV Mixed Use Village Village Overlay (MUVO) Industrial IP Industrial Park Not applicable IL Light Industrial ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Southwest SWIR Southwest Industrial Industrial Reserve Not applicable Overlay (SWIR) Reserve RCWOD Riparian Corridor Open Space and and Wetlands Overlay PNot applicable Parks District P/SP Public and Semi-Public Public Use P/SP Public and Semi-Public Not applicable Note: The net buildable area of a parcel excludes land dedicated for public rights-of-way or stormwater easements, common open space, and unbuildable natural areas. For example, if a parcel has 10 acres, and 2 acres are removed for streets and 2 acres are within the floodplain/ riparian area, then 6 net buildable acres would remain. The range of allowable densities is calculated based on net buildable acres. An acre has 43,560 square feet. Allowable densities may be increased through the discretionary planned unit development review process. Plan Implementation Any comprehensive plan depends on implementation to accomplish the goals and policies established in the plan. Cities have amassed a battery of ordinances to accomplish this purpose. Some ordinances have been more successful than others and in time, no doubt, new methods and techniques will be developed. Implementation should be a continual review of Woodburn Comprehensive Plan—Volume I—Goals and Policies September,2012.Page 7 316 Z 0 CROSBY ca GOUIDY GAIRID11m.11INS y kV> p'[JiRY WING < BUNKER '0 VSJVANDERBECK S11 NII:::NANDO 4P z GARDEN CONS LJ ION 40 z 0 :D 1R()W/V()()D <) EA. (-5 "r :D COUWRYR�p z FPNZER C) 0 LIE m N/IYIR f �1'! InIII ;1 J: "M'4z�' NOVO` 4.f - Or,"y)I I �5 .............. J C) U.1 ACY UJ rD 11 In'L'1.�Ll I D e rl.�Tvq 4 �ALEXANDRA yyy Q: ._.._._.._._. Al I 41' 00 JAII 11 UNCOLN ;........... tv "V, Z% 0 iAYES 101 -,%N ,%Enna. ............. K(-)FFLER fill 0' 11'A" -Q J"C�G RARDCAS 41, <1 �' /\ / I I'll............. ..... LE 4", %0' ............. ............... Legend CQ I i ty 0 HAr;1JCAS7LE Existing Faci ra < CP .......... 611 1 Freeway "I 111 11 PJ en SAN WM Z., < 0 EASP LANCOLN Major Arterial Minor Arterial Service Collector AZ EC 4 C� 4, " '5i Access Street RYE*'-.,. %'. � �D Q) be S, 40 LANDAU Proposed New Facility U.J OA 11 S 1 OMLIN 1011 Minor Arterial U.J IIIIIIIIOGEORGE :ARR R VF RION a s a, Service Collector Access Street Y Railroad =51 JUDY Historic Settlemier Transportation Corridor Urban Growth Boundary Proposed Urban Growth Boundary let- III 4 111 KOERNER �nD 0 2 MJL�IA�A ,50 0 N "Er Feet Figure 7-1 I(1) :Roadway facilifles shown ou�slde f1ho UG113 aire, recomirneindod, inof plaininod Functional Classification facilifles!!in f1ho 11 Sll ,and aire logicall IeAoinsloins and irnlpirovoiryx.m�s�o flho plaininod roadway no4work Laind use docisloins tai auflhoirlze flhese as plaininod BELLE PASSt I Designations faciliflos and iilrnlpira voiryxl s would occuir as I of a sulbsequoinf UG 113 airTx.mdirTx.mf addling flhese aireas oir a sulbsequoinf airyx.mdiryx�,inf taif1ho 11 SJJ::p City of Woodburn TSP (2): I facilifles airo onlyrelpiresein�ed coincolpWally,as Wall allginiryx,inf 1111kolly�o vairy a c i ii T e ii i t 1 0 I lo dlI)(-)I\I HWO V3 I SVJ�drN\kPljl mi I SAI qjnit I qI'[1vSV H I I'[I I("f dP ss I I I,od I1 do 01 1 1 x005 U h"I7 NVI 317 Attachment 104D Street Model/Standard Cross Sections Per Transportation System Plan (TSP) Figure 7-1 "Functional Classification Designations", the Smith Creek site development area has streets that fall into two classes. The Ben Brown Lane and Harvard Drive/Stubb Road extensions are Access Streets and the remaining new streets are local class. Below are the WDO model/standard cross sections, and it is on these bases that the applicant and staff modify street designs through both the PUD and Street Exception (EXCP). �.v uw, PUBLIC UTILITY 6' r� UTILITY ,. i u= ����r m EASEMENT �t i �, a 7, 1LIC ASEMEN'T w 6' 6' 112' 12' 6' 6, BIDE LAND 8' TRAVEL TRAVEL 8' LAND SIDE 5 1' WALK SCAPE PARKING LANE LANE PARKING SOAP WALK V S' 40' ROW=66' Figure 3.01E — Access Street/Commercial Street r " 4� PUBLIC UTILITY PUBLIC UTILITY EASEMENT ri �,,,,, uv �in` h � d EASEMENT 1 w w 6' 7' 10' 10, 7, 5' SIDE LAND 7' TRAVEL TRAVEL 7' LAND SIDE WALK SCARE PARKING LANE LANE PARKING SCAPE WALK 5' 34' RDW=60' Figure 3.0103 — Local Residential Street with Parking Both Sides,60 Foot Right-of-Way ANX 2017-05 Smith Creek Planning Commission Staff Report Attachment 104D Page 1 of 1 318 rl� I r ��� �;,, / Ir" `bY; 9 '+✓ra %� ,. ' ^w (e '�wG�Q � rine/�,. !�.�rwrY,�r s�y, s � fjr',r�ls' /"p!(irwNJ/%y. � ". � i"'I�I.,. `') ,ai. ` rw„� � Y��k ,ur" °,u�� rr�" '�ml➢r" `�r � ���„ ti r rJr ! r r r w m r r �;�j/!/�ij/� r / "ll%%%� ,'!/�j��i- 1 r,�, �,. .�l ,: ,_ �p,..o➢'� "a a '/ -r i q i r + sro� ,wee -ro� � er ,,,,,,. 1 dPddlU' �6me.fPCa ,. /✓ cakFCS�br Mill Creek Greenway Legend Mill Creek:West Proposed AeasrNr Park'irr�� Existing on•slreet bike routes and paths "„�>� u, Future Road City Owned V.anwd ExistingConditionsa and +um�y, Proposed(arsccess-Parking ProposedCrossings PropExisosd route ii ...., ... MillCroek&TnGulkarles P k vll Greek ycdplarrProposeCOptions Notabe Landmark rysitteC tChs . - Proposed off-slreeR paths r--i. Schools (Results of durre'0 4 Workshop) Proposed Pllay-Picngc Equipment Proposed Ib ulb•4Y2e ur a inv Route m City Limits Note:Map Not to Scale .II :.iIit..... .:. . . '..IC ........ 319 Attachment 105A Traffic Summary Anticipating that the prime concern of the Planning Commission and the City Council would be traffic congestion, staff prepared this one-page summary. The project necessitated a traffic impact analysis (TIA) per WDO 3.04.05. The applicant, following inventory of existing conditions and computer modeling, drafted a "Traffic Impact Study". Staff solicited Oregon Department of Transportation (ODOT) comments and contracted with a third-party professional transportation planner to review and advise on the study. The applicant submitted a revised TIA (March 2018) in response as application Exhibit I. The TIA: A. Assumes project build-out by the year 2025 (p. 1) B. Divides the project into three traffic phases termed "scenarios", with build-out years 2021, 2023, and 2025 (pp. 24-25). C. Studies 14 intersections mapped on p. 2: 1. Present day traffic is mapped and counted in Figures 3a & 3b on pp. 9-10: ■ Of the 14 intersections, N. Settlemier Avenue and W. Hayes Street performs below operating standards (p. 11, Table 2). 2. Project-generated traffic is mapped and counted in Figures 5a & 5b on pp. 17-18, and trip distribution assumptions are described in the last paragraph on p. 14. 3. Future traffic, including a modeling assumption of 1% increase in "background" traffic even without the project (p. 19), is mapped and counted in Figures 6a & 6b on pp. 20- 21. Of the 14 intersections, 2 additional for 3 total would perform below operating standards (p. 23,Table 5): a. N. Settlemier Avenue and W. Hayes Street; b. N. Settlemier Avenue and Oregon Highway 214/ Newberg Highway; and c. Evergreen Road and W. Hayes Street. 4. Mitigation: The applicant continues to propose one off-site mitigation to traffic congestion, at Evergreen Road and W. Hayes Street, to re-stripe the wide southbound Evergreen lane into two, one for left turns and one for through travel and right-turns (pp. 26-29 & 31). Regarding N. Settlemier Avenue and Oregon Highway 214, the applicant continues to indicate "will provide fairshare" on p. 31, but provides no details. ANX 2017-05 Smith Creek Planning Commission Staff Report Attachment 105A Page 1 of 1 320 Memorandum i 0 LANCASTER To: Colin Cortes et al., City of Woodburn ENGq NEER I ING From: Brian Davis, Daniel Stum fd Todd Moble T 321 SW 4th Ave.,suite 400 h , any Portland,OR 97204 503.248.0313 Date: April 5, 2018 ph fax 503.248.9251 lancasterengineering.com Subject: Smith Creek Development Transportation Study Review and Analysis of Impacts Introduction A residential development ("Smith Creek Development") has been proposed covering 145 acres in the southern part of Woodburn. The project will create approximately 800 residential units, and include a mix of attached and detached homes on varying lot sizes. The applicant submitted a transportation impact study (TIS) in support of the project prepared by DKS Associates, dated October 2017. This report provides a review of that TIS,with the goal of supporting the City of Woodburn's efforts to maintain a safe and efficient transportation system as the city grows. Trip Generation % C/ 1 The TIS indicates that the trip generation of the development as proposed is projected to be 6,783 vehicles per day. 525 of these new trips are projected to occur during the morning peak hour, and 692 trips are projected to occur during the evening peak hour. The trip rates are derived from the Institute of Transportation Engineers' (ITE) Tizb Generation Manual, utilizing data for the Single- Fam ly Detached Housing, Senior•Adult Housing and Residential Condominium)Townhouse land use codes. This is the appropriate methodology for a development in this size and context;however, the traffic generated from the project may vary slightly from the projections depending upon the final lot count and a variety of other factors described below. Volume Balancing and Trip Assignment When preparing a TIS,it is common practice to adjust traffic volumes slightly from the original traffic counts in order to account for factors such as inaccuracies in the raw data or temporal differences between the busiest periods of the study intersections. While volumes are often rounded to the nearest multiple of 5 or 10 when doing so (i.e.,volumes will not balance precisely), there appear to be inconsistencies with balancing within the TIS. We were not able to precisely follow the r,p'IIIIIC.... Snuth Creek Development Transportation Study Review ... .. .. .......... .II.........� 321 i �, April 5,2018 Page 2of14 math within the TIS;however,volumes may be misstated by as many as 20 to 30 entering vehicles for some intersections. While it is always possible to quibble with the distribution and assignment of trips through study intersections in a TIS, the values stated within the Smith Creek TIS appear to be reasonable and consistent,with most external site trips generally arriving from and departing toward the northwest in the direction of the I-5 interchange. It is noted,however, that actual trips may vary to some extent from their projected assignment,particularly when facilities to which a trip is assigned begin to become congested. As an example, a trip may be expected to depart an intersection using a route consisting of Settlemier Avenue to Highway 214 to I-5. However,during times where there is significant delay at the intersection of Settlemier Avenue/Highway 214, some drivers may elect to bypass this intersection by utilizing W. Hayes Street or W. Lincoln Street. The TIS does not account for these sorts of scenarios. Internal Trips and Non-Automotive Trips The Smith Creek TIS does not make any adjustments to trip generation for non-automotive trips or internal trips. By-and-large, this is appropriate for the context, since the development consists of a single (residential) use and most employment,retail, and other districts are most readily accessible by automobile. However,given the density and street grid, particularly in the southern portion of the development as proposed,it is likely that there will be significant pedestrian traffic generated within the development. Externally, many of these walking trips are likely to impact Parr Road,which features many uses complementary to residences including a park, a church, and two schools. Under existing conditions, there are limited opportunities to cross Parr Road,particularly along the west side of the schools' campus adjacent to the site frontage. A safe, comfortable crossing here supported by a signal or beacon (e.g., a HAWK beacon) would likely help facilitate walking trips between the development and the schools, particularly if it were to connect to comfortable walking & cycling infrastructure to the north. While the project as currently proposed consists of entirely residential uses,it is understood that a small retail center toward the middle of the site is under consideration. If implemented, this would likely reduce the external trip generation of the development as some percentage of shopping trips would become internal to the site. This would also likely increase walking trips within the site. ITE Sinith Creek Development Transportation Study Review 322 i �, April 5,2018 Page 3of14 provides data that allows for a projection of the potential reduction based upon the specific size and locations of the retail uses. Background Growth Another adjustment typically made to traffic volumes in a TIS to allow for a rigorous analysis is an increase in "background volume," due to development and other factors that increase traffic volumes as the project builds out. The Smith Creek TIS assumes a linear growth rate of 1% per year over the eight-year build-out period from 2017 to 2025. This is an optimistic assumption;it is more common to assume at least a 2% annual growth rate for suburban contexts, absent more specific guidance from a jurisdictions Transportation System Plan (TSP). For Woodburn,it is noted that the body of the TSP offers no guidance. Data which could be used to derive one is presented in Appendix E of the TSP,however it is non-trivial to derive a growth rate from the data as presented. It is therefore defensible to assume some growth rate; however 1% is sufficiently small that it seems to necessitate validation. A more typical assumption of 2% annual growth could lead to significantly different operational outcomes than those reported within the TIS. It is noted that background conditions are often analyzed as a no-build point of comparison to the full-build scenario,however that analysis is not provided in the TIS. That is to say, a traffic impact study will typically analyze three scenarios: (1) Existing conditions; (2) Projected future conditions if the site were to be fully developed as proposed; and (3) Projected future conditions if other development occurred as planned but the development at issue is not constructed. The traffic study submitted omits scenario (3). Particularly for large developments, consideration of this scenario often lends insights into the nature of future impacts, and are necessary to determine appropriate contributions for proportionate share agreements, etc. Capacity c i s Overview and Performance Metrics The TIS identifies 13 study intersections that were selected in coordination with the City of Woodburn and ODOT. Comments on the analysis of each study intersection follow; the numbering of each study intersection is consistent with that of the initial TIS. For intersections under ODOT's jurisdiction, comments focus in particular on the City of Woodburn's interest in that intersection. Traffic operations are typically described by level-of-service (LOS), a score ranging from `A' to `F' based upon the delay of the facility with LOS A indicating little to no delay and LOS F indicating Sinith Creek Development Transportation Study Review 323 i �, April 5,2018 Page 4of14 significant delay; or volume-to-capacity (v/c) ratio, a number between 0.00 and 1.00 corresponding to the ratio of the available capacity of a facility that is utilized. It is noted that the TIS indicates that the City of Woodburn requires intersections to operate at level-of-service (LOS) E or higher (pg. 5); the City's current Transportation Plan further indicates that a v/c ratio of less than 1.00 for all movements and less than 0.90 are additional mobility standards (pg. 7-8). ODOT requires study area intersections to operate with a volume-to-capacity ration of 0.85 or less. In addition to operational performance metrics, the crash rate of each study intersection is reported in the TIS. Crash rates are typically reported as the number of crashes per million vehicles that enter an intersection (C/MEV). A commonly held assumption is that crash rates above 1.00 C/MEV could potentially indicate a safety issue and thus warrant further analysis. A newer and more cautious methodology utilizes data from the Highway Safety Manual (HSM) to allow for a comparison of a study intersection to other intersections with similar characteristics; this methodology was utilized in the TIS. Though C/MEV is a common and important performance metric in transportation impact analyses, it has two key limitations. First,because the C/MEV metric only considers the number of crashes at in intersection and not the severity, minor"fender benders" carry the same weight as serious injury or fatal crashes. This is noteworthy, as some safety interventions could potentially increase overall crashes while reducing injury or fatal crashes (e.g.,red light cameras). Second, the C/MEV metric is often an inaccurate measurement of safety for low-traffic facilities. Since an intersection is expected to produce fewer than one crash per million trips,intersections below approximately 3,000 ADT will have less than approximately one crash per year, on average. Thus,while C/MEV sometimes has merit in helping identify problematic intersections, further investigation is typically needed to fully understand any safety issues. 1. Evergreen Road/Harvard Drive The TIS indicates that this intersection is projected to operate at LOS C following full build-out of the project. It is noted that the TIS models this intersection as though there were a two-way left-turn lane (TWLTL) along the westbound approach;however, this is a standard left-turn lane. This intersection thus is likely to operate slightly worse than indicated under both existing and future conditions;it is expected that this difference is likely trivial. The crash rate for this intersection was found to be 0.72 C/MEV,which exceeds the critical crash rate established by the HSM. Further analysis found that most crashes were angle crashes owing to Sinith Creek Development Transportation Study Review 324 i �, April 5,2018 Page 5of14 an improper turn, and the one injury crash involved a pedestrian who was listed as wearing `dark clothing'in the crash record. Though a pedestrian's clothing is often a source of interest to responding officers,it is not a serious predictor of safety, and crashes attributed to such typically have other more significant contributing factors. In this case,it is noted that only the eastern crosswalk appears to be well luminated; other crosswalks do not have streetlights in their immediate vicinity. This could be a contributing factor in the pedestrian crash and others. The presence of a dedicated left-turn lane in a context where drivers expect a TWLTL might also be a contributing factor. It is noted that there is an inconsistency between the number of crashes reported in the text on page 11 (7 crashes) and the number reported in Table 3 on page 12 (6 crashes). This does not materially affect findings. . Evergreen Road/Hayes Street The TIS indicates that this intersection is projected to operate at LOS E during both the morning and evening peak hours. Though the performance standard for the intersection is LOS E or better, the TIS indicates that this intersection does not meet the performance standard, and recommends installation of an additional southbound lane along the northern leg as mitigation. We concur that addition of a new lane on the southbound approach to create a left-turn lane and a through/right-turn lane is appropriate in this case based upon the delay and queuing at this intersection,particularly given driver expectations and the high congestion relative to most other intersections in the city. The crash rate at this intersection was found to be 0.26 C/MEV. This is a relatively low value that indicates that congestion issues at this intersection likely are not translating to imminent safety issues. 3. Highway 214/Evergreen Road This intersection is projected to operate at LOS D with a v/c ratio of 0.79 upon completion of the project. This indicates a moderate level of congestion, though the relevant operational performance standard (ODOT's requirement that the v/c ratio be below 0.85) is met. However,it is noted that ODOT's Analysis Procedures Manual (APM) typically requires applying a "seasonal adjustment factor" to state roadways;The TIS indicates that the appropriate factor in this Sinith Creek Development Transportation Study Review 325 i �, April 5,2018 Page 6of14 case is 1.06. While this is reasonable,volumes along MOT roadways were not adjusted as such in the TIS. The TIS states, "Using this factor would result in no adjustment in the existing volumes from the counts conducted."This statement is nonsensical; per APM guidance,volumes along all MOT roadways should be increased by 6%. This would result in worse operation than that reported. The crash history at this intersection is reported to be 1.01 C/MEV,which is in excess of the critical crash rate of 0.86 C/MEV and the highest of any study intersection. The analysis shows that the bulk of crashes are angle crashes caused by improper turning movements. A potential cause is that it is unclear whether the center lane on the northern intersection is a through lane or a through/left- turn lane. This approach should be striped and marked clearly as a mitigation to the high crash rate. 4. 1-5 NB Ramps/Highway 214 This intersection itself, and all legs of the intersection, are under ODOT jurisdiction. Relevant performance standards are met, and this intersection does not significantly impact the performance or safety of facilities under Woodburn's jurisdiction. 5. 1-5 SB Ramps/Highway 214. As with intersection #4, the intersection itself and all legs are under MOT jurisdiction. Relevant performance standards are met, and this intersection does not significantly impact the performance or safety of facilities under Woodburn's jurisdiction. . Highway 214/SettleierAvenue The TIS reports that this intersection currently does not meet the performance standard during the evening peak hour, and upon build-out of the site will not meet the performance standard during either peak hour. As with intersection #3 above, no seasonal adjustment is applied; actual conditions thus may be worse than reported. Additionally, there appear to be inconsistencies with the signal phasing used in the analysis, as right-turning movements were incorrectly modeled as being permitted during a conflicting phase (a similar issue appears with the analysis for intersection #3). This is likely to result in the analysis underreporting delay at the intersection. The study indicates that the appropriate mitigation to address congestion issues is to install an additional left-turn lane and receiving lane. This is reasonable. However,because this intersection is under MOT control, such mitigation would involve a lengthy,multi-jurisdictional process. Issues Sinith Creek Development Transportation Study Review 326 i �, April 5,2018 Page 7of14 at this intersection are likely to persist. Because ODOT generally manages intersections to giver preference to traffic along highways over that along local streets, significant congestion along the problematic northbound approach can be expected to continue and worsen as the project builds out. A likely effect of this will be an increase in traffic utilizing alternate routes to I-5, particularly along Hayes Street or a new route created through the site by extending Ben Brown Lane. These are significant potential impacts associated with this which are not addressed within the TIS. 7.SettleierAvenue/Hayes Street The TIS indicates that this intersection is currently operating at LOS F, and will worsen accordingly as the site builds out. It is noted that under existing conditions, Settlemier/Hayes is actually two intersections offset by approximately 100 feet. The TIS models it as a single intersection;it is our understanding that reconfiguring the intersection in this manner is a funded future improvement. It is noted that there are inconsistent volumes for northbound traffic at this intersection stated in the TIS. The TIS recommends installation of either a mini-roundabout or a traffic signal at this location to mitigate performance issues. The TIS indicates that this is the responsibility oft he City,but it is unclear why this would be the case. If a development significantly impacts an already problematic intersection, this would appear to provide a clear nexus for the City to require improvement to that intersection as a condition of approval. To wit, a signal warrant analysis was not conducted. It is noted that the City is currently considering improvements along Hayes Street between Cascade Drive and Settlemier Avenue,which would widen the street to a 50- or 60-foot cross section and align the intersection with Settlemier Avenue as described above. These improvements would improve traffic flow along Hayes Street, and a new northbound left-turn lane at this intersection could significantly improve northbound traffic flow along Settlemier. The City could potentially work with the developer to help fund this improvement in lieu of some of the system development charge that the project will require. Traffic counts and trip generation from a TIS offer a useful barometer for determining how much of the future impacts to the affected streets are caused by the proposed development versus other existing uses. As described above,it should be noted that the development's impacts to intersection #6 (Settlemier/214) could further impact this intersection, as drivers re-route to avoid congestion. Accordingly, congestion at this intersection might induce demand along the new connection through the site created by extending Ben Brown Lane. This is described below. Sinith Creek Development Transportation Study Review 327 i �' April 5,2018 Page 8of14 8.SettlemierAvenue/Ben Brown Lane Under existing conditions, this is a relatively calm intersection,with low volumes along the minor street (Ben Brown Lane) leading to little intersectional delay in aggregate. While site trips will increase the traffic along the minor street, the intersection is still projected to operate acceptably following full build-out of the site. As described, the project will create a new route between this intersection and the I-5 interchange; this is described in the following section. The TIS does not address these impacts, and these should be examined in more detail with regard to this intersection. . Parr Road/Kirksey Drive This intersection does not appear to have been analyzed correctly;volumes of 0 are implausibly reported for some movements, and it appears that volumes were swapped between this intersection and intersection #10 in some cases. This intersection is also modeled as a four-leg intersection under existing conditions, although the fourth leg will be constructed as part of the development. While the reported operating conditions are therefore inaccurate,it is likely that this intersection will operate acceptably for automotive traffic. As described above,it is likely that the project will generate significant pedestrian traffic along its south side,given the density of homes and the proximity to Centennial Park and Heritage and Valor Schools. The TIS fails to consider these impacts. Crossing improvements are likely to be warranted at or near this intersection. Pedestrian traffic and accommodation should be investigated in greater detail at this intersection, and along Parr Road in its vicinity. 10. Parr Road/Stubb Road This is a low-traffic intersection that is currently projected to meet all performance standards, and the proposed development will not add a significant number of new trips to this intersection. The morning peak hour volumes analyzed at this intersection appear to have been swapped with those for intersection #9, but this will not materially affect the findings. As with intersection #8, the project creates a new route which could alter existing traffic travelling between the southeastern portion of Woodburn and the I-5 interchange. This is explored in further detail in the following section. Sinith Creek Development Transportation Study Review 328 i �' April 5,2018 Page 9of14 11. Hayes Street/Cascade Drive;12. Highway 214/0regon Way;and 13. Hayes Street/Oregon Way These intersections each operate acceptably under existing and future conditions, and are not significantly impacted by the proposed development. It is possible that congestion along Settlemier Avenue that is worsened by the development will induce new demand at these intersections,which collectively provide a route between Settlemier and I-5 which bypasses the congested intersection of Settlemier Avenue/Highway 214. These impacts are likely to be relatively minor,but should be examined in further detail. ConnectionsNew Ben Brown Lane As described above, a planned extension of Ben Brown Lane will support the development. Upon buildout of the proposed Smith Creek Subdivision, this internal site roadway network will create an alternative route connecting Settlemier Avenue to OR-214,which bypasses the intersections of OR- 214 at Settlemier Avenue and Hayes Street at Settlemier Avenue. Since the proposed roadways will create a slightly shorter travel route for vehicles attempting to access Interstate 5 J-5) and nearby retail/service uses,it is likely that a significant percentage of northbound/southbound traffic along Settlemier Avenue near the site access roadway of Ben Brown Lane would utilize this alternative route. A further incentive for drivers to use this alternative route would include the ability to bypass the potentially high delay intersection of OR-214 at Settlemier Avenue,which is indicated within the DKS study as operating in excess of available capacity by the buildout year of the site. This new route impacts the study intersections of Settlemier Avenue/Ben Brown Lane, Evergreen Road/Harvard Drive, Evergreen Road/Hayes Street, and Evergreen Road/Highway 214. These impacts are not considered in the TIS. Additionally, this represents a significant impact to the existing segment of Ben Brown Lane. This existing segment has a paved width of 25 feet,with an incomplete sidewalk network and on-street parking currently permitted along both sides of the street. It is unclear whether this existing segment could safely accommodate these new volumes. Additionally, there may be new pedestrian trips added to this segment,which comprises the most direct walking route between the development and downtown. These issues should be explored in more detail in order to fully understand the impacts of the proposal. Sinith Creek Development Transportation Study Review 329 i �' April 5,2018 Page 10 of 14 Stubb Road Like the new connection created via extension of Ben Brown Lane, the planned extension of Stubb Road to connect to Harvard Drive will create a new link between southeastern Woodburn and the I- 5 interchange that bypasses the congested northern portion of Settlemier Avenue. This will be slightly longer in distance than the Ben Brown Lane connection,but travel speeds along this route are likely to be higher,leading to another potentially appealing route to drivers. The roadways along this new connection appear to have sufficient capacity to accommodate the potential new traffic utilizing this route. The new connectivity also may provide an opportunity to serve a greater area with the Woodburn Bus Line. However, as noted, the development can be expected to add significant pedestrian traffic to Parr Road. The impacts of the added vehicular traffic vis a vis pedestrian safety should be carefully considered, as it is likely that increased crossing treatments will be necessary. It is noted that the intersection of Settlemier Avenue/Parr Road/Front Street was not analyzed in the study. Analysis of this intersection seems appropriate on its own merit, since the development will non-trivially impact this intersection. Additionally, data on existing traffic volumes at this intersection can be used to conduct a more in-depth analysis of the potential for diversion along this new route, and the new route along Ben Brown Lane. Killian Spring Parkway A third new connection, connecting the southwestern and northeastern extents of the site, developed to support the project. This new roadway, Killian Spring Parkway,will run between Stubb Road and Austin Ave. Unlike the new connection along Ben Brown Road,it is not expected that a significant amount of existing traffic would divert to this new route upon its completion,given that the existing route is uncongested and approximately equidistant. Sinith Creek Development Transportation Study Review 330 i �' April 5,2018 Page 11 of 14 Cornwell Street/Mattson Way NrfAM DRIVE — / � v§F —r �J ' _ _ g SMITH DRIVE 7 7 ' PIP 1N IAL PHASE,-\ i I I'� /�� � SLIYTH bAlL'E _ �sl11k /� L ! OSTROM-DflfVE �QY TP E 'TPi BEN RHPWN—UWE �, f >` -171-11 +v l SECONDARY A potential modification to the project entails splitting a proposed superblock to connect Mattison Way and Cornwell Streets, as illustrated in the figure above. Typically,it is preferable to plan for smaller blocks and more connections than the inverse. This can reduce the impact to individual streets and intersections within the development,lessen the opportunities for congestion, and improve emergency response times. Additionally, the new connection helps improve walkability within the development by providing a direct route that significantly shortens travel times for pedestrians near the new connection. While the potential new connection would create a parallel route to Settlemier Avenue,it does not offer utility in terms of bypassing congested intersections that the routes described above offer; thus, it is not expected that this connection would significantly impact off-site traffic flow. Project Phasing Interim A rigorous phased analysis of the project is not provided in the TIS;instead, an interim scenario is analyzed for the first portion of the site likely to be constructed. The TIS indicates that this scenario will include the extension of Ben Brown Lane to connect with Harvard Drive, although as indicated Smith Creek Development Transportation Study Review 331 i �, April 5,2018 Page 12 of 14 above, analysis is not provided regarding the potential for diversion of existing trips. Phased analysis would be useful to further understand traffic diversion along the new route created by connecting Stubb Road to Harvard Street; the congestion and mitigation thresholds along Settlemier Avenue; and the pedestrian traffic and mitigation thresholds along Parr Road. It is noted that the TIS indicates that following full build-out, "all the internal streets will be experiencing ADT less than 2,000." (pg. 23). While this is certainly possible despite the aggregate trip generation of nearly 6,800 vehicles/day, this claim is not supported. The diverted traffic will likely cause volumes to rise above this value, and the impacts should be examined closely with regard to Ben Brown Lane and Harvard Road. Condusions The following are the key issues with the Smith Creek Development TIS relative to the City's interests and transportation goals. a. There are inconsistencies with volume balancing, seasonal adjustment factors, and other clerical errors throughout the TIS which likely translate to different operating conditions than those reported. Further, assumption of a 1% growth rate seems optimistic without validation. A more commonly assumed 2% growth rate would lead to significant differences in intersectional operations. Two intersections were analyzed with an incorrect signal timing that likely leads to an underestimation of actual delay. b. The intersections of Settlemier Avenue/Highway 214 and Settlemier Avenue/Hayes Street do not meet applicable performance standards and mitigation is recommended. The TIS indicates that it is Woodburn's responsibility to mitigate Settlemier/Hayes;it is unclear why the applicant could not be required to do so as a condition of approval, as the "nexus" and "proportionality" tests appear to be met. As indicated, the City is currently planning further improvements to this intersection and the Hayes Street corridor; the City can engage with the applicant to develop a proportional share agreement for improvements to this corridor. Additionally, an improvement to the traffic control at the intersection appears necessary following the proposed development, even after accounting for the proposed improvement (specifically, the new northbound right turn lane). The applicant should be required to install or contribute proportionally to a signal as a condition of approval. Sinith Creek Development Transportation Study Review 332 i �, April 5,2018 Page 13 of 14 The City is limited in its ability to improve Settlemier/214. This will likely result in some site trips diverting to different, City-operated intersections as drivers attempt to avoid congestion at this intersection. c. A new route between Settlemier Avenue and I-5 will be created via Ben Brown Lane that bypasses the congested intersection of Settlemier Avenue/Highway 214. This is likely to cause diversion of a significant number of new and existing trips when completed. These impacts are not considered in the TIS. In addition to the impacts to Ben Brown Lane/Settlemier Avenue, this creates additional potential impacts at the intersections of Evergreen Road/Harvard Drive, Evergreen Road/Hayes Street, and Evergreen Road/Highway 214. d. The project is likely to generate significant pedestrian traffic along its southern side and along Parr Road,which includes two schools (Heritage E.S. and Valor M.S.), Centennial Park, and Hope Lutheran Church in close proximity to the southern boundary of the project site. The TIS claims that the project has "no impacts on the off-site pedestrian movement" (pg. 25) and therefore recommends no mitigations;however, this appears to be a spurious statement, particularly given the residential density and destinations along Parr Road. Given the likely increase in vehicles along Parr Road and the number of pedestrians crossing the street, a safe, comfortable crossing of the road should be provided as a condition of approval. A marked crossing enhanced with a HAWK beacon near the west side of the schools' campus would offer significant utility; however the latest guidance (e.g., NCHRP Report#562) should be consulted to determine the specific properties of this new crossing. e. Additionally, the project is likely to generate new off-site walking trips near its eastern boundary, based upon proximity with downtown Woodburn and attractions such as the Woodburn Aquatic Center, Chemeketa Community College, the post office and library, and retail destinations along Front Street. Further, the nearest transit to the site is located near this boundary,with the Woodburn Transportation System (WTS) bus route stopping along Settlemier Avenue and the Cherriots 10X Bus route to Salem stopping at Woodburn Transit Center. At present, there is no comfortable, direct route for these potential walking trips. To ensure that they are maximized, and to help reduce the overall impact to the system via automotive trips, a multi-use path should be required between the development's boundary and Settlemier Avenue. This would provide an essential connection to allow for walking and cycling trips between the development and central Woodburn. Sinith Creek Development Transportation Study Review 333 i �' April 5,2018 Page 14 of 14 f. The intersection of Settlemier Avenue/Parr Road/Front Street was not analyzed. This intersection will be impacted by the proposed development. Particularly considering the potential for diverted trips as a result of the new connection,it is important to understand the operation of this intersection to fully analyze the proposal. g. A potential retail development toward the center of the residential development could reduce the external impacts of the site and create more non-automotive trips and should be encouraged. Ideally, the size and mix of uses would address the primary everyday needs of residents. Such a development might include a grocery store,pharmacy, bank and/or other services, and restaurants or coffee shops. A central location within the development, e.g.,near the intersection of Ben Brown Lane at Killian Spring Parkway,would likely provide maximal utility and result in the shortest and most efficient site trips. h. Additional striping appears necessary to mitigate a high crash rate at the intersection of Evergreen Road/Highway 214. The existing center lane approaching the intersection should be striped so that is clear that this is a through-only lane, and left turns are not permitted from this lane. i. The TIS does not specifically address transit; the potential increase to trips utilizing either WTS or Cherriots Route 10X is not considered, and the potential for additional delay to transit vehicles from site traffic is not analyzed. While both impacts are likely minor, these should be considered. As indicated above, the new connections constructed with the site offer opportunities to improve the routing of the WTS,which should be considered as the development plan moves forward. J. The City has recently began considering the long-term effect of the introduction of autonomous vehicles (AVs) to the marketplace. TIS's do not typically anticipate the effect of AVs; to wit, there are not yet accepted methodologies to project changes to traffic volumes or patterns that will result from the technological shift. One potential outcome is that travel demand (i.e., the number of trips generated) may not change significantly while parking demand may be reduced significantly, as more trips are handled by shared, autonomous fleets. It is likely that larger cities will experience these impacts before Woodburn, and with no significant parking areas proposed at present,new technology is not anticipated to represent a disruptive impact. Sinith Creek Development Transportation Study Review 334 Memorandum i 0 LANCASTER To: Colin Cortes et al.,City of Woodburn ENGq NEERI ING From: Brian Davis,Daniel Stumpf, and Todd Mobley 321 SW 4th Ave.,Suite 400 Portland,OR 97204 Date: June 25,2018 phone:503.248.0313 fax 503.248.9251 Subject: Smith Creek Development lancasterengineering.com Review Comments on Updated TIS This memorandum reviews the updated transportation impact study (TIS) prepared for the proposed Smith Creek Development by DKS Associates, dated March,2018.Lancaster reviewed the previous iteration of the traffic study and provided comments in a previous memorandum. Changes to TIS per DKS Email At the City's request,Lancaster obtained a bullet-pointed list of key changes to the second iteration of the TIS in an email from Carl Springer at DKS Associates dated June 14,2018. We have reviewed the updated TIS and the bullet pointed list appears to accurately encapsulate the changes. The key pieces from the June 14th email have been added to the study. Updated TIS and Current Traffic Issues Incompleteness letter of 1/19 ODOT Comments ODOT Provided comments on the TIS in a letter dated January 18,2018. ODOT comments are repeated below in italics. Our responses follow in standard type. 7. This study utilised the outdated High�a ay Capacity Manual(HCM)2000 and did not utili.Ze methodology from the current HCM 0 Edition (or even the more recent HCM 2090 for unsignali.Zed intersections. The analysis should be reanaly.Zed utilising current analysis methodologies for the unsignali.Zed intersections. On pages 11 and 22,the text indicates that HCM 2000 was utilized for signalized intersections and unsignalized intersections were updated to HCM 2010 methodologies. The appendix data reflects this change. Thus,it appears that this comment is addressed satisfactorily. 2. The analysis calculated a seasonal adjustment to adjust the ra)),tra is counts to the 30th highest hour volumes (30HV)for analysis. Ho a ever,page S of the narrative also states, "using this factor)),ould result in no adjustment in the existing volumes from the counts conducted,"so it is unclear if the seasonal adjustment)),as * deed,applied to the . �.� . .Ili.u�r�. .�.�....�.. . � w..... Sinith Creek Development Transportation Studs Review ....................................................................................................� 335 i �, June 25,2018 Page 2of4 ra)ar count to obtain the 2016 30 HV and then gro)rn to obtain the 2017 30HV. Consultant should verify that 30HV)aras indeed analy.Zed for all scenarios. On page 5,the text had been updated to include the seasonal factor and states it was applied to the existing volumes. However,this factor does not appear to have been applied to either Figure 2a or 2b). If the factor was applied to the 2025 buildout conditions,the text should be revised to reflect this. 3. The Oregon High)a ay Plan (OHP)vl c mobility target for OR 294 (district high)),gy, )rithin UGB, non-MPO,30 MPH at all high)aray study intersections is 0.95 rather than O.S5 as cited(OHP Table 6)),as revised on 1212112011). The study should be iodated to compare operations to the accurate mobility standard. This n ill have an effect on the operational analysis results and could have an effect on the conclusions of the study. The text in the report reflects the 0.95 v/c ratio where applicable. 4. For a phased proposed development of this si.Ze (over 5,000 daily trips, Region Traffic typically recommends the analysis include scenarios for the year of each phase opening AND the year ofplanning hori.Zon for the Transportation System Plan (TSP)or 15 years, )rhichever is greater. No phased operation analysis was conducted. City of Woodburn's TSP is dated and only assesses the 2020 planning year; accordingly the 15-year planning year should be analyzed per ODOT request. Therefore,2033 should have been analyzed;however,the study only assesses year 2025 buildout conditions. The remaining ODOT comments address potential mitigations and do not appear to require a response from the TIS above and beyond responses to the previous comments. Public Works Comments The City of Woodburn's Public Works Department provided comments,including requesting an update to the TIS that included analyses of Parr Road at Settlemier Avenue and Parr Road at Stubb Road.The updated TIS includes both as study intersections, and shows both operating acceptably under existing conditions and after project completion. Mitigation The City indicated that proposed mitigative measures were inadequate given the impacts of the proposed development. The updated TIS includes a recommendation for either a traffic signal or roundabout at the intersection of Hayes at Settlemier,however as with the previous version,this is under a header entitled `Responsibility of Local Agencies.'The ramifications of this recommendation are thus a bit unclear. Lancaster Comments from April 5 Memo Our review of the first iteration of the TIS identified several key issues that are reiterated below in italics. Our current response regarding whether these were satisfactorily addressed follow in standard type. Sinith Creek Development Updated TIS Review Comments 336 i �' June 25,2018 Page 3 of 4 There are inconsistencies)a ith volume balancing seasonal adjustment factor, and other clerical errors throughout the TIS)arhich likely translate to different operating conditions than those reported. Further, assumption of a 9%gro)arth rate seems optimistic )arithout validation.A more commonly assumed 2%gro�a th rate�a ould lead to significant differences in intersectional operations. Taro intersections)arere analy.Zed)arith an incorrect signal tuning that likely leads to an underestimation of actual delay. These inconsistencies have largely been resolved with the updated TIS,and the 1%growth rate utilized is better justified in the updated report. The intersections of SettlemierAvenue/High�a ay 294 and SettlemierAvenue/Hayes Street do not meet applicableperformance standards and mitigation is recommended. The TIS indicates that it is Wloodburn s res onsibilz'ty to mitigate Settlemier/Hayes; itis unclear)a by the applicant could not be required to do so as a condition of approval, as the "nexus"and `proportionalz'ty" tests appear to be met. As indicated, the City is currently planning further improvements to this intersection and the Hayes Street corridor;the City can engage)arith the applicant to develop a propo2ional share agreement for improvements to this corridor.Additionally, an improvement to the traffic control at the intersection appears necessay follon ing the proposed development, even after accounting for Me proposed improvement(specifically, the neva no2hbound right turn lanef The applicant should be required to install or contribute propwionally to a signal as a condition of approval. The City is limited in its ability to improve Settlemierl294. This�a ill likely result in some site trips diverting to different, City operated intersections as drivers attempt to avoid congestion at this intersection. The updated TIS concurs with the need to improve traffic control at the intersection of Hettlemier/Hayes, even following the planned realignment of the intersection. It is unclear to us how the responsibility for financing this upgrade would be determined;however,we concur that some upgrade here (signal or roundabout) is a necessary and appropriate mitigation. A near route betiareen SettlemierAvenue and I-S)grill be created via Ben Bro)arn Lane that bypasses the congested intersection of SettlemierAvenue/High)a ay 294. This is Iz'kely to cause diversion of a significant number of neva and existing trips)),hen completed. These impacts are not considered in the TIS. In addition to the impacts to Ben Bro)arn Lanel Settleni* Avenue, this creates additionalpotential impacts at the intersections of Evergreen Road/Harvard Drive,Evergreen Road/Hayes Street, and Evergreen Road/High)a ay 294. This item has not been adequately addressed in the updated TIS. I have communicated to the applicant's traffic engineer that this issue (particularly the impacts to Ben Brown Lane and the likelihood of new traffic along that route between Settlemier and I-5 is one of the key issues yet to address in the TIS, along with a need to address pedestrian traffic and improvements along Parr Road and between the site and downtown Woodburn. Sinith Creek Development Updated TIS Review Comments 337 i �' June 25,2018 Page 4of4 The intersection of SettlemierAvenue/Parr Road/Front Street)),as not analy.Zed. Tbis intersection)grill be impacted by the proposed development. Particularly considering the potential for diverted trips as a result of the near connection, it is important to understand the operation of this intersection to fully anally.Ze the proposal. The updated TIS includes this intersection, and shows it to operate acceptably following full build-out of the site. However, as with the comment above,no consideration was given to the potential for new traffic patterns through this intersection after an alternate route to I-5 is created that bypasses the congested 214/Settlemier intersection. Ideally,this would be addressed, although the impacts to this intersection resulting from these new traffic patterns is likely minimal relative to the potential for different patterns at more northerly intersections. If you have any questions or would like any additional information,please do not hesitate to contact us. Sinith Creek Development Updated TIS Review Comments 338 Stafford Development Company, LLC STAFFORD 485 S State Street DEVELOPMENT COMPANY Lake Oswego, OR 97229 MEMORANDUM TO: City of Woodburn FROM: Stafford Development Company, LLC (Applicant) DATE: October 4, 2018 RE: Applicants Supplemental Responses to Public Comment at PC Meeting for "Smith Creek Development" 690 Ben Brown Ln (ANX 2017-05, MP 2017-02, PUD 2017-01, SUB 2017-01, EXCP 2017-03, VAR 2017-14, & PP 2017-01) 1. The Applicant acknowledges the statements expressed about the desire of improved safety of two existing off-site mid-block pedestrian crossings on W Hayes Street between Oregon Way and N Cascade Dr., which are signed and striped, and that connect the two golf course fairways, respectively. See Figures 1-3 below. uu f, Figure 1. Google aerial of crosswalk locations It is perceived that vehicles often do not yield according to state law to those individuals crossing in these established crosswalks. The Applicant would like to voluntarily offer as an enhanced public amenity an improvement of these crossings using practices approved by the Woodburn City Engineer in the form of additional striping and/or signage, such as shown in Figures 4 and 5 below. Page 1 of 3 ff . .. .. ) u i t....�I . ............................. 339 Stafford Development Company, LLC STAFFORD 485 S State Street DEVELOPMENT COMPANY Lake Oswego, OR 97229 I `� i o�uumuouu�woum�i��i��ouuuwu�Niomi mmmmiouumoimoum i i Figure 2. Google street view looking west from easterly crossing Figure 3 Google street view looking east from westerly crossing Figure 4. Striping Figure 5. Signage Suggested Condition of Approval Language: "PUD-15: The Developer shall improve two mid-block crossings on West Hayes St between Oregon and Cascade streets using practices as approved by the City Engineer in the form of additional striping and/or signage as shown in the Applicant's 10/3/18 Memo with Phase 1A." Page 2 of 3 340 Stafford Development Company, LLC STAFFORD 485 S State Street DEVELOPMENT COMPANY Lake Oswego, OR 97229 2. There was concern by members of the public that rats or field mice would become a problem for the adjacent neighborhood during site grading activity. The developer will voluntarily place rodent bait boxes along the perimeter of the site to mitigate effects of rodent population displacement during site grading. 3. The Applicant recognizes the concerns of residents of the adjacent properties as to the relationship of new dwellings on lots in Smith Creek to their rear property line (see Application Exhibit A, P. 29). For this reason, the Applicant has placed standard sized lots along development's boundary with existing low-density housing and preserved the standard 20 feet rear setback on all of these planned future lots. The lots of Woodburn Senior Estates are a particular type that are smaller and tend to have existing rear setbacks that are smaller than other adjacent conforming developments. For this reason, the Applicant is offering to voluntarily increase the rear setback for the 29 standard lots adjacent to Woodburn Senior Estates to 125% of the standards rear setback for any dwelling that has a primary building height of more than 16 feet. This will assure no taller homes are too close to the existing residences. Suggested Condition of Approval Language: "SUB-6: The rear setback for the 29 standard lots adjacent to Woodburn Senior Estates (Phase 1A Lots 13-24, Phase 2B Lots 1-8, & Phase 3B Lots 1-9) shall be increased to 125% of the standards rear setback for any dwelling that has a primary building height of more than 16 feet." 4. There were questions about what type of fencing would be along the perimeter of the project. The Applicant inquired with the School District as to its plans for fencing of its adjacent Nellie Muir School property, and learned it has a standard of a 6 feet cyclone fence for its properties. A 6 feet cedar fence will be built along the rear yard of new lots at the boundary of the site following plat recording (see Application Exhibit A, P. 22). Construction of perimeter fencing any earlier would inhibit County Surveyor access for required inspection of new property pins. 5. Questions were presented about the plans for Phase 1A Tracts D and F where on the site plans a path is shown stubbed to the north.These tracts are shown on Exhibit Y-1 as proposed to be transferred to the City. The Applicant will yield to the City for plans for these tracts (see also Application Exhibit B, P. 29). 6. A question was made regarding proposed Condition of Approval T-A4 (see Page 59 of Attachment 102 of the 8/27/18 Planning Commission Staff Report).The Applicant will yield to the City on this. The Applicant appreciates the opportunity to answer questions about the Application. Page 3 of 3 341 MH October 4, 2018 Colin Cortes City of Woodburn 270 Montgomery Street Woodburn, OR 97071-4730 Subject: Supplemental Information for the Traffic Impact Study for the Proposed Smith Creek Development, Woodburn, OR Dear Mr. Cortes: DKS Associates is providing supplemental information to our March 2018 transportation impact study for the above proposed development in Woodburn, Oregon. We are responding to two specific issues that you brought to our attention. The first is a question raised by City staff. The second is based on a September 27, 2018 letter received from Mr. Don Knight. 1. Figure 6a -- We have made a minor correction for the northbound through volume at intersection #7, on Figure 6a, page 20. The correct volumes were used in the operational calculations, so the findings presented in our report are not changed. The corrected Figure 6a is attached. 2. Site Trip Generation -- Mr. Knight raised questions about the vehicle trip estimates for the full site development. The basis for our estimates is the Institute of Transportation Engineers research. Our study considers how well these streets perform during the busiest hours of the day. Surveys of other residential subdivisions have consistently shown that about 8 percent of the daily total traffic occurs during weekday AM peak hour, and 10 percent occurs in the weekeday PM peak hour. These are the two busiest hours of the day in the neighborhood. Other hours can have significant volumes, but they are lower than these peaks. Importantly, the surrounding major streets, like OR 214 and Settlemeir Avenue, also are at their highest levels during these same hours. The values in Mr. Knight's letter under item #4 attempt to assess travel conditions during other hours of the day to suggest impacts beyond those addressed in our TIA report. Our analysis looks at the two busiest hours, and can reasonably conclude that the other hours of the day, when both site traffic and total traffic on the facilities operates at lower levels, has similar or better operating conditions compared to the peak hours. Based on Seattle, WA• Portland, OR • Salem, OR • Oakland, CA• Sacramento, CA•Anaheim, CA•Austin, TX Ilii r) u i t..... .. ...................... 342 Page 2 his comment, it appears that the local elementary school has peak congestion mid-afternoon, however, that issue is limited to the immediate area of that school. Furthermore, it is noted that new street connections through the proposed development, such as Killian Parkway and Stubb Road/Harvard Drive, will provide alternative routes both for the new and existing residents to use. This will help to relieve congestion on other routes, to some degree. We hope that this supplemental information adequately addresses these comments. Please feel free to call if you have any questions or comments regarding this study. Sincerely, Carl D. Springer, PE, PTOE Principal DKS Associates 720 SW Washington Street Suite 500 Portland, OR 97205 503.243.3500 dksassociates.com 343 �. Evergreen Rd.@ Harvard Dr. 5 4 3 ^^ �.. 12 Ys� M GO(3 Q- ..s orzc srr.lrr..crr ®� ��67(1(34 w o/v Hill/ tyt. 6 109(341) S srnrrALLISON WAY ,II u 8 2 a,a �✓ 19140) 2 R r,5 1���6�� 0 o co 13 11 wr HAY/:s ST 7 M ec,W11-1..n 3 r � r, 4, 2. Evergreen Rd.@ W Hayes St v mm� 175 (143) 040 Project Site4f m 104106) 045) 95(65) 30(69) 8 � nu � Pnrrrr RD ryr o Scale 70 9 v 14 Key Map .3. Evergreen Rd.((p�� 4. Hillsboro-Silverton Hwy.NE @ 1-5 NB Ramp 5.Hillsboro-Silverton Hwy.NE @ 1-5 SB Ramp Hillsboro-Silverton Hwy.NE cD N N � � o 17(14) N mmm 553 � 765(796) � ' 595(382) ®m � (587 .......... j 137(225) 0-19826(1032) �►�►® 409(647) 82(114) 511(1085) ��r►r► 435(589)0 764(900) 165(18 1) ®®m 281(389) 140(382) ' o 4,11 A'S- Split E./bV-Protected-Permitted 6. Hillsboro-Silverton Hwy.NE @ 7 wHayes St @8.Ben Brown Ln.@ N Settlemier Ave. N SettlemierAve. N SettlemierAve. N h h � O n � 1 �N o ® N • 137(91) � �-®414(145 46 45 ............... �� ®115(644) ( Im � � 963(89) � " `� 51;'0 516(566) M- �ti* 189(411)0 Z ®� i } '�t^ NIS-Protected 8 E/W-Protected LEGEND ', -Study Intersection Lane Configuration Traffic Signal AM(PM) Peak Hour Traffic Volumes Project Site Buildout (2025) Stop Sign mmm Volume Turn Movement AM/PM Peak Hour Traffic Volumes Left•Thru•Right 20 344 �4 �f CITY OF WOODBURN COMMUNITY DEVELOPMENT ncorporated 1889 MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 Phone(503) 982-5246 Fax(503) 982-5244 Date: October 29, 2018 (Prepared October 17) To: City Council Through: Chris Kerr, Community Development Director =k From: Colin Cortes, AICP, CNU-A, Senior Planner Subject: Smith Creek: The Estates Tract Background Supplement The tracts of interest of most of the Commission public testimony would be adjacent to each other, one existing in the Woodburn Senior Estates No.7 Subdivision along the south side of Santiam Drive and one proposed in Smith Creek Development Phase 1A along the north side of the Smith Drive western extension as illustrated below: ................................................................................................................................................................................................................. SANTIAM DIANE I r r Marked close-up from Staff Report Attachment 103Y-1/Exhibit Y-1 Proposed Public Land Note: The applicant had explained verbally to staff that the tracts do not align because of digital drawing imperfection. Field surveying will lead to alignment of the east boundaries for platting. Smith Creek ANX 2017-05,PUD 2017-01,et al.October 29,2018 City Council Staff Report Attachment C 345 Regarding the proposal itself, the developer proposes no change to this off-site tract and does propose within the Smith Creek Development an adjoining tract to accommodate both public sewer line extension and an off-street bicycle/pedestrian path. Staff refers to the existing tract as "the Estates tract', which has no street address or subdivision lot number and is Tax Lot 052W13AB 07400 (Lot 7400). Below is an aerial view: .....................syr,. i 1 r r City GIS 2009 aerial view Staff describes why the Estates tract came to be as it is. The background attachments are the 203 series. From 1966 to 1980, the area of the Estates south of W. Hayes Street was to have two street stubs as the excerpt of the original plat illustrates below outlined in red: A-777a �'N�. I♦ ra _ y G� fA � 3 nv � 'g Ate � tlllllll o a a a ® f "LOT B0 OF DLI(z2 U i iGOL1 000F EI 3T 30 139 tl0 ql N2. W3 44 45 s.3 A] 5 9 50 DI 52 b a� a PN5 PpMfPd0 y4. 5s 5 ��. 2.�'*^ , c* a5.ao SFNiI1FM DRIVE s. 4 3 3D � -SP #0 2 4Si 43e = � Y_0 ? 1. 5e! aF eMd .1 E a49\ "io _ C. � µ n Ila ,'IT , ,anscMCN..o P'Nn . VOL!$KE fl6,2r3 Woodburn Senior Estates No. 7 Subdivision plat marked excerpt(1966) Petitions originating within the Estates requesting right-of-way (ROW) vacations led to several Council meetings through 1979 and 1980. The original owner of the Smith Creek property, Hazel M. Smith, submitted a letter opposing the ROW vacations. The minutes also indicate that a few residents of the Smith's Addition subdivisions also objected to the vacations. The Council vacated the ROWs on October 27, 1980 through Ordinances 1725 and 1726. Attachment C Page 2 346 The ROW off of Cascade developed with a house addressed as 600 S. Cascade Drive. The ROW off of Santiam became a tract that—though now owned by the Estates homeowners' association (HOA) — is blanketed with a public easement for all purposes permitted by ROW dedication except construction of a street. Public sewer and stormwater lines underlie the tract. An excerpt of Ordinance 1726 Exhibit A is illustrated below: I Ordinance 1726 Exhibit A excerpt(1980) Staff summarizes the tract as a street without the pavement. The points are that: • The Estates was to have two street stubs at the Smith family farm • Some Estates parties already limited the street connections and created the isolated context that exists today • Several residents neighboring the Estates, including Hazel M. Smith, had objected to severing the future connections • The City retained by easement the Estates tract for public purposes broadly defined • The easement prohibits structures, and structures include fencing and walls Attachment C Page 3 347 WOODBURN PLANNING COMMISSION PUBLIC HEARING/MEETING MINUTES September 27, 2018 CONVENED: The Planning Commission met in a public meeting session at 7 p.m. in the City Hall Council Chambers, with Chair Charles Piper presiding. ROLL CALL: Chair Fri er ' Present Vice-Chair Bandolbw Present Commissioner Aiken . Present Commissioner Corning Present Commissioner Das'Reis Present Commissioner Lassen Present Commissioner Vacant Staff Present: Chris Kerr, Community Development Director Bob Shields, City Attorney Colin Cortes, Senior Planner Introduction Chair Piper opened the workshop/meeting at 7 pm, and led the Commissioners in the flag salute. Minutes The minutes of June 28th were unanimously approved. Business from the Audience None Communication None Public Hearing: a) Smith Creek, 690 Ben Brown Lane, (ANX 2017-05; MP 2017-02; PUD 2017-01; SUB 2017-01; EXCP 2017-03; PP 2017-01 and VAR 2017-14): Stafford Land Company proposes the "Smith Creek" project to annex and develop approximately 150 acres generally north and west of 690 Ben Brown Lane across nine phases. The Smith Creek development is residential, consisting of over 800 dwelling units in the form of over 600 houses, almost 100 row houses and over 100 multi- family units (i.e. apartments). The Planning Commission listened to the staff report as well as arguments for and against the proposal. No recommendation will be forthcoming at this meeting. Attachment D1 1 348 Ex-parte contact: Commissioner Bandelow did a site visit and lives 3-4 blocks away. There were no challenges from the audience. Senior Planner Colin Cortes presented the staff report. Applicant Testimony: Gordon Root, Stafford Development Company, 485 S State Street, Lake Oswego, 97034, presented the advantages of the proposed project, which would offer people different housing choices in the same area as their lifestyle changes over time. Audience Testimony: Yvonne Smith Thomas, 33844 SE White Oak Road, Corvallis said that as a member of the Smith family, she feels now is the time to develop the Smith Creek property and that it will enhance Woodburn schools and the community at large. John Lukes, 404 S Columbia Drive, Woodburn, proposed that the pedestrian pathway leading toward Santiam Road be abandoned in favor of a pathway on DeSantis Drive for the convenience of children attending Nellie Muir. Don Knight, 403 E Clackamas Circle, Woodburn voiced concerns about traffic and wants a stop sign at Oregon Way, a narrow road he says is not designed for excess cars. He feels that traffic is likely to be higher than estimated. Malena Turner, 400 S Cascade Drive, Woodburn whose property is next to the land being donated to the Woodburn School District, had questions about the existing chain link fence and what might be built in the donated area. Paula Kilgore, 636 Oregon Way, Woodburn expressed concern about planned stop sign removal from W. Hayes Street at Oregon Way. The existing senior residential community needs to be protected. She favors "table bumps" as a means of slowing traffic. Connie Doyon, 577 E Clackamas Circle, Woodburn agrees that the stop signs on Hayes Street are needed, since WalMart traffic goes that way. She also voiced concern that rodents would proliferate in the Estates once the Smith Creek farmland is disturbed. Savaty Boru, 730 Elana Way, Woodburn said that the children coming to the proposed development would tax an already overcrowded school system. Attachment D1 2 349 Geri Gilbert, 2400 Santiam Drive, Woodburn talked about the field of tall grass at the north end of the Estates. She had questions about the easement from Santiam Drive out to the proposed development. Shirley Bishop, 1655 Thompson Road, Woodburn feels that once the proposed development starts, the rats and mice infestation will get worse. Rebuttal: Morgan Will, 485 S State Street, Stafford Development responded to concerns by stating that: • The stormwater easement will be maintained. • Rat control will be addressed, and in future, the proposed development will cause a lessening of the rat population. • The proposed stop sign removal on Hayes Street was made by City staff, rather than the applicant. • Estimated traffic volumes have been addressed. The development will be done in several phases. There will be two ways in and out of the development, so the estimated traffic volumes are not hitting at the same time or in the same direction. • A sanitary sewer pipe will be placed and the pump station will be removed during Phase I. • Children walking to school might be a School District safety question, rather than something for the applicants to address. It is not yet determined where future incoming children would attend school. The applicants received a letter from the School District stating that they can handle the new growth caused by the Smith Creek development. Excise tax from the proposed new construction will assist in funding new schools. • The proposed development plan increases connectivity of people to parks, which is part of the Master Plan. The applicants will build a good neighbor cedar fence in the rear of each back yard on the northern boundary of Ben Brown Lane.. • The northern part of the site are standard size lots with standard setbacks. The applicants will be preserving that 20-foot rear setback and many of the homes there will be single story. Commissioner Corning made a motion to close the public portion of the hearing, but to leave the record open for written testimony for seven days, until Oct. 4, 2018 at 5pm. Commissioner Bandelow seconded, and the motion was carried unanimously. Attachment D1 3 350 Commission Discussion: Commissioner Aiken expressed concerns about the proposed fence. City Attorney Bob Shields and Senior Planner Colin Cortes asked that the issue be addressed during deliberation, in a public setting, as most of the audience had already left the meeting. Chair Piper asked for a summary sheet, which will be provided at the next Planning Commission meeting. Business from the Commission None Adjournment The meeting was adjourned at 9:22pm. APPROVED Charlie Piper, Chair Date ATTEST Chris Kerr Date Community Development Director City of Woodburn, Oregon Attachment D1 4 351 WOODBURN PLANNING COMMISSION PUBLIC HEARING/MEETING MINUTES October 11, 2018 CONVENED: The Planning Commission met in a public meeting session at 7 p.m. in the City Hall Council Chambers, with Chair Charlie Piper presiding. ROLL CALL: Chair Fri er ' Present Vice-Chair Bandolbw Present Commissioner Aiken . Present Commissioner Corning Absent Commissioner Das'Reis Present Commissioner Lassen Present Commissioner Vacant Staff Present: Chris Kerr, Community Development Director McKenzie Granum, Assistant City Attorney Colin Cortes, Senior Planner Eric Liljequist, Public Works Director Introduction Chair Piper opened the meeting at 7 pm, and led the Commissioners in the flag salute. Minutes No minutes Business from the Audience None Communication None Public Hearing: a) Smith Creek, 690 Ben Brown Lane, (ANX 2017-05; MP 2017-02; PUD 2017-01; SUB 2017-01; EXCP 2017-03; PP 2017-01 and VAR 2017-14): Stafford Land Company proposes the "Smith Creek" project to annex and develop approximately 150 acres generally north and west of 690 Ben Brown Lane across nine phases. The Smith Creek development is residential, consisting of over 800 dwelling units in the form of over 600 houses, almost 100 row houses and over 100 multi-family units (i.e. apartments). Attachment D2 1 352 The Planning Commission convened to hear applicant rebuttal and discuss the Smith Creek proposal. Ex-parte contact: Vice-Chair Bandelow walked across the Smith Creek property. There were no challenges to this disclosure. Chair Piper observed that four or five pieces of written communication have been submitted during the open window allowed. Applicant Rebuttal: Gordon Root, Stafford Development Company, 485 S State Street, Lake Oswego, 97034, stated that their intent regarding the proposed rear setback on lots that abut Senior Estates was to accommodate single level homes, rather than two story homes. So, he requested that the condition be modified from a 125% of the standard setback to just a 25 foot setback for houses with a height greater than 16 feet. In the northern section of Smith Creek, Stafford will not be creating a path or providing improvements on the tract property owned by Senior Estates. Staff Overview: Senior Planner Cortes summarized the Smith Creek proposal and conditions of approval. In response to a question from Chair Piper, Public Works Director Eric Liljequist clarified that when W. Hayes Street is redone and widened; there will be a 150 to 200 foot long left-hand turn lane between Settlemier Avenue and N. Cascade Drive. Evergreen Road has a lack of right-of-way and is not in the Transportation Systems Plan (TSP) at this time. The goal is to lessen the impact of peak-hour traffic. Senior Planner Cortes discussed the two conditions proposed by the applicant, based on the public testimony at the last meeting. First, a combination of signage and striping is being proposed for the golf club crossings on W. Hayes St, which will be based on traffic engineering rules and City Engineer feedback. The second condition is regarding the height of houses by Senior Estates vs. how deep the back yard should be. The condition states that if a house is more than one story, it will have a deeper setback. Staff is proposing a condition that fencing along the residential lots of the project that abut the Estates be six feet high. Attachment D2 2 353 Commission Discussion: Vice-Chair Bandelow asked about the order of street construction. On the Phasing Plan, in Phase 1A, the main connector Ben Brown Lane will be extended through the site. In Phase 1B, which is likely to be built concurrently with Phase 1A, connecting to Parr Road is scheduled, which will provide access to the site, as well as increasing its marketability. Each phase needs to stand on its own and proceed in order. Commissioner Aiken was not happy with the path and trail situation, reminding the Commission that the Estates does not have sidewalks and houses seniors, with their possible physical limitations. He also voiced concern about the proposed path that would stop at the Estates boundary, saying that it is possible that a fence will eventually be erected there. He saw that area as a future problem, though he did approve of the project as a whole. Commissioner Del Rios was excited about the project, feeling it will bring many good things to Woodburn. Commissioner Lassen concurred, saying that it was proposed to be a good quality development. Vice-Chair Bandelow approved of the project and loved the walking connectivity and the proposed street expansion. Chair Piper concurred with Vice-Chair Bandelow's and the other Commissioners' comments and added that staff and Stafford Land Co. have given an excellent presentation, and have been responsive to the needs of residents in the area. He has concerns about traffic in existing problem areas, and though Stafford has done their part through planning and in future, paying approximately 3.1 million dollars in system development charges (SDC's), the City needs to use that money to mitigate some of the traffic problems. Property taxes from these houses alone should exceed 1.5 million dollars a year and will not be a drag on City services. Chair Piper would like to go before the City Council and speak to them on this topic at a future date. Vice-Chair Bandelow made a motion to recommend the approval of the Smith Creek development consolidated applications with the conditions of approval as recommended in the staff report of September 27, as revised in the staff report addendum of September 27 and in the staff memo addendum of October 11 (with modification to SUB-6 of 25' rather than 30'). Attachment D2 3 354 The motion was seconded by Commissioner Lassen. The motion was carried unanimously. Chair Piper reminded the audience that this would be a recommendation of approval to City Council on October 29, where the applicant's proposal would be considered again in its entirety. Business from the Commission None Adjournment The meeting was adjourned at 7:42 pm. APPROVED Charlie Piper, Chair Date ATTEST Chris Kerr Date Community Development Director City of Woodburn, Oregon Attachment D2 4 355