Ord. 2565 - Annexing 150 Acres Hazel M. Smith Porperty r
COUNCIL BILL NO. 3082
ORDINANCE NO. 2565
AN ORDINANCE ANNEXING APPROXIMATELY 150 ACRES OF TERRITORY KNOWN
AS THE HAZEL M. SMITH PROPERTY INTO THE CITY OF WOODBURN, LOCATED
ADJACENT TO 690 BEN BROWN LANE AND INCLUDING 105 BEN BROWN LANE
AND 15198 & 15218 STUBB ROAD, MARION COUNTY, OREGON
WHEREAS, the subject property is owned by Hazel M. Smith Properties
LLC, Don Ivan Mametieff, and Anna Kamis with Stafford Land Company LLC as
contract purchaser, and is legally described in Exhibit "A" and mapped in
Exhibit "B", which are affixed hereto and by this reference incorporated
herein; and
WHEREAS, consistent with Oregon Revised Statutes (ORS) 222.1 1 1 (2) the
owner of real property in the territory to be annexed initiated by petition a
proposal for annexation, a copy of the petition being on file with the City
Recorder (ANX 2017-05); and
WHEREAS, the applicant for the purpose of the Smith Creek
Development obtained written consent from the owners of the territory and
has requested annexation of the subject property; and
WHEREAS, the property to be annexed is within the City Urban Growth
Boundary (UGB); and
WHEREAS, the property to be annexed is contiguous to the City and can
be served with City services; and
WHEREAS, on October 11 , 2018 the Woodburn Planning Commission
considered the annexation application and, after a duly advertised public
hearing, recommended approval of the annexation; and
WHEREAS, on October 29, 2018, the Woodburn City Council held a
public hearing, reviewed the record, heard all public testimony presented on
said application, and upon deliberation concluded that the proposed
annexation meets the applicable approval criteria under City of Woodburn
Development Ordinance (WDO) 5.04.01 C.; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Page - 1 - Council Bill No. 3082
Ordinance No. 2565
Section 1. That the subject property, legally described in Exhibit ''A" and
mapped in Exhibit "B", is annexed to the City of Woodburn.
Section 2. That the City Council adopts the Analysis & Findings, affixed hereto
as Exhibit "C" and by this reference incorporated herein.
Approved as to form:
City Attorney Dat
Approve6thr
Figl tayor
Passed by the Council e, k z , L�1 '
Submitted to the Mayor i LI
Approved by the Mayor )LI , r i
Filed in the Office of the Recorder
ATTEST: q;& 0( i9,460/(J
H other Pierson, City Recorder
City of Woodburn, Oregon
Page - 2 - Council Bill No. 3082
Ordinance No. 2565
^
Exhibit A
�Ordinance No. 2565
Legal Description For:
City VfWoodburn
Property tObeannexed
8tract ofland situated in the southeast one-quarter ofSection 12 and all quarters of
Section 13. Township 5South, Range 2West and the southwest one-quarter nfSection
7and the northwest one-quarter CfSection 18. Township 5South, Range 1West ofthe
Willamette Meridian, Marion County, Oregon, more particularly described as follows:
Beginning at the northeast corner of Parcel 1, Partition Plat 94-110, as platted and
recorded in the Marion County Book OfPartition P|Gta, said point being North
2"25'4O'' East 22.00feet from the northwest corner ofLot 12inSMITH'S ADDITION
NO. 4, as platted and recorded in Volume 40. Page 15. Book of Town Plats for
Marion County, Oregon; and running thence along the existing City ofWoodburn
City Limits boundary oOthe following 1Ocourses:
thence South 2°25'4O"West 343.17feet along the west line ofsaid SMITH'S ADDITION
NO. 4tuthe northwest corner ofSMITH'S ADDITION NO. 3. aoplatted and
recorded in Volume 32, Page 48. Book of Town Plats for K0eriVO County, Oregon;
thence South 28"15'O1^ East 262.62feet along the west line ofsaid SMITH'S ADDITION
NO. 3toaD angle point thereof;
thence South 1O^42'31" West 128O.O7feet along said west line and the west line nf
SMITH'S ADDITION NO. 2, as platted and recorded inVolume 29. Page 43, Book
of Town Plats for Marion County, Oregon to a point on the north line of that property
conveyed to the City of Woodburn in that instrument recorded in Reel 2473, Page
338. Marion County Deed F|ocnpdo;
thence North 67"28'44"West 262.41 feet along said north line to an angle point thereof;
theDceNorth72°33'O9" VVast211.00feeto/ongoaidnVrth |iDeVftheCity0fVVoodbUrn
property tothe northwest corner thereof;
thence South 17023'29" West 207.41 feet to the most Westerly southwest corner of said
City ofWoodburn property;
thence South 88"37'O2" East 211.54feet along the south line ofsaid City cfWoodburn
property to on angle point thereof;
thence South O7°31'30" East 581.52feet along said south line and its Southeasterly
extension thereof;
thence South 17"O2`17" West 4O5,O7feet to apoint oOthe north right Cfway line ofBen
Brown Lane;
.
thence North 07"32'20"West 31S.48feet along said north right ofway line;
thence South 19"D1'35" West 155.15feet to apoint ODthe northeasterly line CfParcel 2
iDthe aforementioned Partition Plat S4-11O�
.
thence North O7"37'O2" West 23U.87feet along said northeasterly line toonangle point
thereof;
thence North 89028'02"West 831.61 feet along the north line of said Parcel 2 and the
north line of Parcel 3 in said Partition Plat 94-110 to the northwest corner of said
Parcel 3�
.
sasrKashmir Way zs Phone: 503-588-8800 E-mail-
Salem,OR 97317 Fax: 503-363-2*69 Web Page: ,="w.uamnnm/,on.p,m
thence South 0°31'03" West 876.29 feet along the west line of said Parcel 3 and its
Southerly extension thereof to a point in the centerline of Parr Road (County Road
517);
thence North 89039'00"West 1195.31 feet along said centerline;
thence leaving said centerline, South 0021'00" West 30.00 feet to a point on the south
right of way line of said Parr Road;
thence North 89039'00"West 571.61 feet along said south right of way line to an angle
point thereof;
thence North 89041'09"West 64.99 feet;
thence leaving said south right of way line, North 0°18'51" East 60.00 feet to a point on
the north right of way line of said Parr Road;
thence South 89041'09" East 50.00 feet along said north right of way line to a point on
the west right of way line of Stubb Road (County Road 517), said road recorded as
being 30 feet wide;
thence North 0020'21" East 1523.14 feet along said west right of way line to the north
terminus of said county road;
thence South 89039'39" East 27.84 feet to the southeast corner of Parcel 2, Partition Plat
2010-33, as platted and recorded in the Marion County Book of Partition Plats;
thence North 0024'12" East 471.14 feet along the east line of said Parcel 2 to the
northeast corner thereof, said point being on the south line of MONTEBELLO 2, as
platted and recorded in Volume 44, Page 108, Book of Town Plats for Marion
County, Oregon;
thence along the existing City of Woodburn City Limits boundary on the following 7
courses:
thence South 89035'22" East 859.57 feet along the south line of said MONTEBELLO 2
and its Easterly extension thereof to an angle point in the north line of the
aforementioned Parcel 1, Partition Plat 94-110;
thence North 00034'49" East 23.62 feet to an angle point in said north line, said point
being on the Westerly extension of the south line of WOODBURN SENIOR-
ESTATES NO. 7, as platted and recorded in Volume 22, Page 42, Book of Town
Plats for Marion County, Oregon;
thence South 88°57'41" East 1278.98 feet along said Westerly extension and south line
to the southeast corner of said WOODBURN SENIOR ESTATES NO. 7;
thence North 0034'30" East 1107.53 feet along the east line of said WOODBURN
SENIOR ESTATES NO. 7 to an angle point in the aforementioned north line of
Parcel 1, Partition Plat 94-110;
thence South 88037'48" East 726.07 feet along said north line to an angle point thereof;
thence North 00034'33" East 150.18 feet to an angle point thereof;
thence South 88034'32" East 399.96 feet along said north line to the Point of Beginning,
containing 148.57 acres of land, more or less.
Bearings are based on Marion County Survey Record 24089, along the centerline of
Parr Road.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JULY 19.1994
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3657 Kashmir Way SE Phone: 503-588-8800 E-mail: i3foftarkerwil5on com
Salem,OR 97317 Fax: 503-363-2469 Web Page: www.barkerwilson.com
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Ordinance 2565
Exhibit C
Page 1 of 13
Analyses & Findings Attachment 102
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
p not met clear and consistent
• Plan sheets and/or narrative inconsistent records
• Other special circumstance benefitting from
attention
Section references are to the Woodburn Development Ordinance (WDO).
"SDA" refers to the site development area that is the whole Smith Creek Development.
Table of Contents
I. Location.................................................................................................................................................2
11. Land Use &Zoning................................................................................................................................3
III. Statutory Dates.................................................................................................................................5
IV. Comprehensive Plan Goals...............................................................................................................7
V. Annexation Provisions.........................................................................................................................10
VI. Master Plan Provisions....................................................................................................................14
VII. Planned Unit Development (PUD) Provisions.................................................................................16
VIII. Preliminary Subdivision Provisions.................................................................................................29
IX. Exception to Street Right of Way and Improvement Requirements ("Street Exception") Provisions
35
Smith Creek ANX 2017-05, PUD 2017-01,et al.October 29,2018 City Council Staff Report: Post-Approval Revision
to Strike Condition T-A4(Stop sign removals from W. Hayes St at Oregon Way)and add Note to the Applicant 4b
per Council motion 10/29/2018;Attachment 102
Page 1 of 72
Ordinance 2565
Exhibit C
Page 2 of 13
X. Variance Provisions.............................................................................................................................38
XI. Phasing Plan Provisions...................................................................................................................46
XII. Applicant Identity............................................................................................................................48
XIII. Conditions of Approval ...................................................................................................................49
Allor Multiple Phases.............................................................................................................................49
Phase1A..................................................................................................................................................60
Phase16..................................................................................................................................................67
Phase2A..................................................................................................................................................67
Phase2B..................................................................................................................................................67
Phase2C..................................................................................................................................................67
Phase3A..................................................................................................................................................67
Phase3B..................................................................................................................................................68
Phase4A..................................................................................................................................................68
Phase4B..................................................................................................................................................68
XIV. Notes to the Applicant....................................................................................................................68
I. Location
Address(es) 690 Ben Brown Lane
--- - ---------------------- -------_.. - ------ ----- -- - __..__.. ------
Tax Lot(s) Primary Tax Lot 052W13 00100 with Additional Lots 052W13BD 00100& 200 and
051W18BC 04000 Nearest • 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: Post-Approval Revision
to Strike Condition T-A4(Stop sign removals from W. Hayes St at Oregon Way)and add Note to the Applicant 4b
per Council motion 10/29/2018;Attachment 102
Page 2 of 72
Ordinance 2565
Exhibit C
Page 3 of 13
11. 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
_ I 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)
Overlay District(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 42 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:
Smith Creek ANX 2017-05, PUD 2017-01, et al. October 29, 2018 City Council Staff Report: Post-Approval Revision
to Strike Condition T-A4(Stop sign removals from W. Hayes St at Oregon Way)and add Note to the Applicant 4b
per Council motion 10/29/2018;Attachment 102
Page 3 of 72
Ordinance 2565
Exhibit C
Page 4 of 13
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: . : . ter: t . i // I ,• ;
Comp Plan Land Use Map Excerpt
Color Land Use Designation
0 pale yellow Low Density Residential
El turquoise Public Use
brown Medium Density Residential
s medium green Open Space and Parks
Smith Creek ANX 2017-05, PUD 2017-01,et al.October 29,2018 City Council Staff Report: Post-Approval Revision
to Strike Condition T-A4(Stop sign removals from W. Hayes St at Oregon Way)and add Note to the Applicant 4b
per Council motion 10/29/2018;Attachment 102
Page 4 of 72
Ordinance 2565
Exhibit C
Page 5 of 13
g P/SP -
t E s s t
r .
J� xt
'i
•= P
P/SP tt
TTYIISIiS QRS
Zoning Map Excerpt
Acronym Zoning District
RS Residential Single Family
P/SP Public and Semi-Public
RM Medium Density Residential
R1S Retirement Community Single Family Residential
111. Statutory Dates
Application July 23, 2018
_Completeness
120-Day Final November 20, 2018 per Oregon Revised Statutes(ORS) 227.178. (The nearest
Decision Deadline and prior regularly scheduled City Council date is October 22, 2018.)*
Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29, 2018 City Council Staff Report: Post-Approval Revision
to Strike Condition T-A4(Stop sign removals from W. Hayes St at Oregon Way)and add Note to the Applicant 4b
per Council motion 10/29/2018;Attachment 102
Page 5 of 72
Ordinance 2565
Exhibit C
Page 6 of 13
*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; Post-Approval Revision
to Strike Condition T-A4(Stop sign removals from W. Hayes St at Oregon Way)and add Note to the Applicant 4b
per Council motion 10/29/2018;Attachment 102
Page 6 of 72
Ordinance 2565
Exhibit C
Page 7 of 13
Analyses &
Findings pages
unrelated to
Annexation
omitted
Ordinance 2565
Exhibit C
Page 8 of 13
Final Order Exhibit A Page 10 of 72
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;
Smith Creek ANX 2017-05, PUD 2017-01,et al.October 29,2018 City Council Staff Report: Post-Approval Revision
to Strike Condition T-A4(Stop sign removals from W. Hayes St at Oregon Way)and add Note to the Applicant 4b
per Council motion 10/29/2018;Attachment 102
Page 10 of 72
Ordinance 2565
Exhibit C
Page 9 of 13
Final Order Exhibit A Page 11 of 72
3) The territory proposed for annexation should reflect the City's goals for directing
growth by using public facility capacity that has been funded by the City's capital
improvement program;
4) The site is feasible for development and provides either:
a) Completion or extension of the arterial/collector street pattern as depicted on
the Woodburn Transportation System Plan;or
b) Connects existing stub streets,or other discontinuous streets,with another
public street.
5) Annexed fulfills a substantial unmet community need,that has been identified by the
City Council after a public hearing. Examples of community needs include park space and
conservation of significant natural or historic resources.
b. Lands designated for commercial,industrial and other uses should demonstrate
substantial conformance to the following criteria: ...
D. Procedures:
1. An annexation may be initiated by petition based on the written consent of:
a. The owners of more than half of the territory proposed for annexation and more than
half of the resident electors within the territory proposed to be annexed;or
b. One hundred percent of the owners and fifty percent of the electors within the
territory proposed to be annexed;or
C. A lesser number of property owners.
2. If an annexation is initiated by property owners of less than half of property to be annexed,
after holding a public hearing and if the City Council approves the proposed annexation,the City
Council shall call for an election within the territory to be annexed. Otherwise no election on a
proposed annexation is required.
E. Zoning Designation for Annexed Property: All land annexed to the City shall be designated
consistent with the Woodburn Comprehensive Plan,unless an application to re-designate the
property is approved as part of the annexation process.
F. The timing of public improvements is as follows:
1. Street dedication is required upon annexation.
2. Dedication of public utility easements (PUE) is required upon annexation.
3. Street improvements are required upon development.
4. Connection to the sanitary sewer system is required upon development or septic failure.
5. Connection to the public water system is required upon development or well failure.
6. Connection to the public storm drain system is required upon development.
Regarding subsection B., staff hosted the pre-application conference (Pre-App 2017-02) 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.:
Smith Creek ANX 2017-05, PUD 2017-01,et al.October 29,2018 City Council Staff Report: Post-Approval Revision
to Strike Condition T-A4(Stop sign removals from W. Hayes St at Oregon Way)and add Note to the Applicant 4b
per Council motion 10/29/2018;Attachment 102
Page 11 of 72
Ordinance 2565
Exhibit C
Page 10 of 13
Final Order Exhibit A Page 12 of 72
1. The City comprehensive or "comp" plan, Section G. Growth Management and
Annexation contains growth management policies.
• 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
Smith Creek ANX 2017-05, PUD 2017-01,et al. October 29,2018 City Council Staff Report: Post-Approval Revision
to Strike Condition T-A4(Stop sign removals from W. Hayes St at Oregon Way)and add Note to the Applicant 4b
per Council motion 10/29/2018;Attachment 102
Page 12 of 72
Ordinance 2565
Exhibit C
Page 11 of 13
Final Order Exhibit A Page 13 of 72
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
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
Smith Creek ANX 2017-05, PUD 2017-01,et al, October 29,2018 City Council Staff Report: Post-Approval Revision
to Strike Condition T-A4(Stop sign removals from W. Hayes St at Oregon Way)and add Note to the Applicant 4b
per Council motion 10/29/2018;Attachment 102
Page 13 of 72
Ordinance 2565
Exhibit C
Page 12 of 13
Final Order Exhibit A Page 14 of 72
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.
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.
Smith Creek ANX 2017-05, PUD 2017-01,et al.October 29,2018 City Council Staff Report: Post-Approval Revision
to Strike Condition T-A4(Stop sign removals from W. Hayes St at Oregon Way)and add Note to the Applicant 4b
per Council motion 10/29/2018;Attachment 102
Page 14 of 72
Ordinance 2565
Exhibit C
Page 13 of 13
Analyses &
Findings pages
unrelated to
Annexation
omitted