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Agenda - 01/17/2000 Spec Mtg WOODBURN CITY COUNCIL AGENDA Special Meeting - January 17, 2000, 7:00 p.m Woodburn City Hall, 270 Montgomery Street CALL TO ORDER ROLL CALL PUBUC HEARING: ,4. Continuation of a public hearing on a land use application for Planned Unit Development 5rage II 99-01 and Minor Partition 99-05 - 'q-he/_/nks at Tukwila." e ~XECUTIVE SESSION To conduct deliberations with persons designated by the governing body to carry on labor negotiations, pursuant to ORS 192. 660(1) (d) ; To consultwith 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(1)(h); and To consider records that are exempt by law from public inspection, pursuant to ORS 192.660(1)(]). 5. ADJOURNMENT CITY OF WOODBURN 270 Montgomery Street · Woodbum, Oregon 97071 · (503) 982-5222 TDD (503) 982-7433 ° FAX (503) 982-5244 STAFF REPORT "THE LINKS AT TUKWlLA" MINOR PARTITION 99-05 PLANNED UNIT DEVELOPMENT 99-01 STAGE 11 DESIGN REVIEW APPLICATION INFORMATION: APPLICANT: W&H Pacific, INC. 8405 SW Nimbus Ave Beaverton, OR 97008 PROPERTY OWNER: Tukwila Partners 955 Tukwila Drive Woodbum, OR 97071 CONTRACT PURCHASER: United Properties of Oregon P.O. Box 12900 Mill Creek, WA 98082 Application Deemed Complete: 120 Day Rule Deadline: Staff Report Available for Public Review: 9-29-99 1-27-00 10-21-99 II NATURE OF THE APPLICATION: A. The applicant has two requests. First, to partition lot 8 of the Tukwila subdivision. This will create three separate large parcels that the developer will eventually further subdivide. Secondly, the applicant is requesting Planned Unit Development (PUD) Stage 11 Design Review approval of approximately 82 single family lots. Approximately 13.68 AC of the 32.93 AC is proposed to be developed at this time. The intent of the developer is to request approval of phases 1 and 2. Phase I is proposed to consist of 44 single family lots on 7.37 acres. Phase II is proposed to consist of 38 lots on 6.3i" acres. The density will be reduced from s "- t PUD 99-01 Page 1 the previously proposed 6.8 units per acre to 5.99 units per acre. This new density will provide an average lot size of approximately 7,000 square feet (based on gross area). B. Modifications to the Original Proposal On December 9, 1 999 the Planning Commission adopted a final order denying the applicants request for Stage 11 Design Review for a 93 lot Single Family Development and denying a related request for a Minor Partition to create three parcels. Following that action the applicant submitted an appeal (see Attachment H). After which meetings were held between the applicant and staff to resolve to the greatest extent possible those concerns raised by the Planning Commission. Initially, at the hearing of November 10, 1 999 the Commission objected to the applicants proposal that a gated community be allowed that basically engendered a feeling to prospective property owners a "feeling" of safety and exclusivity. After some discussion between the Commission and applicant that proposal was withdrawn. A second concern and the primary focus for denial was the density as proposed by the applicant. This called for 6.8 units per acre. Other concerns related to average lot sizes, rear yard setbacks from the golf course and the size of the proposed open space (Tract C) and its use. Also, the participation and time frame for the construction of the "community" pool was not clear to the Commission. What follows, in brief, are modifications to the applicants original proposal. Ori,qinal Proposal · Gated Community · Density (gross ac.) 6.8 units · Total No. of Lots Phase I & 11, 93 · Average Lot Size 3,800 sq.ft. · Rear Yard Setback on Golf Course 5 ft. · Open Space Constructed in Phase II · Open Space (Tract C) 11,658 sq.ft. · Side yard set backs 5 ft. one side/ lot line other side for 1 story 6 ft. one story & lot line other side for a 2 story Amended Proposal · Proposal Withdrawn · Density (gross ac.) 5.99 units · Total No. of Lots Phase I and 11, 82 · Average Lot Size 5,050 sq. ft. · Rear Yard Setback on Golf Course 20 ft. · Open Space Constructed in Phase I · Open Space (Tract C) 15,000 sq. ft. and Tract D 3,680 sq. ft. · Side yard 5 ft each side for one story and 6 ft. side yards for 2 story PUD 99-01 Page 2 The proposed modifications to the original plan have not altered the overall design of the project. Neither the street configuration nor the shape of the parcels that are to be subdivided into lots have been affected with the proposed change. Planning staff have therefore concluded the proposed development before the City Council is in substantial conformance with the original plan. III RELEVANT FACTS: The proposed development is located east of Hazelnut Drive and wraps around the OGA golf course. The property is bounded on the north side by the City's Urban Growth Boundary and to the west and south by the golf course and single family residences. This property is one of the last two residential "housing pods" left in the Tukwila development. The property can be identified as tax lot 3000 5S,IW,7AB,7A,6D on Marion County Assessors maps. The subject property is zoned single family residential. The applicant is only requesting approval for phases one and two. Phase three is not part of the_developer's application at this time. There is currently only one public access way into the development, therefore, the applicant is proposing a secondary emergency access along the south side of the future tennis court and pool facility between Hazelnut Drive and Street A of the development. This is an exclusive easement with no parking allowed within that easement. Background and history: In February 1 991, the Planning Commission heard information about the Tukwila conceptual master plan. It gave favorable acknowledgment of the plan. The plan called for the construction of an 1 8 hole golf course and a housing mix of approximately 700 housing units to be built over a number of years dependent on the housing market. See attachments A. The conceptual master plan indicated various "housing pods", acreage, number of units, and densities. Since the majority of the development, at the time of acknowledgment in 1 991 was outside the city limits and Woodburn's Urban Growth Boundary, the proposal was subject to Marion County review and approval. This required the applicant to seek a conditional use permit PUD 99-01 Page 3 from Marion County prior to proceeding with any development. On February 14, 1992, the County Board of Commissioners granted Conditional Use #91-57 to develop a 18-hole golf course. One of the conditions of approval was that all residential development be confined to the City of Woodburn's Urban Growth Boundary. It should be noted that the County's approval could only address that area outside the City's Urban Growth Boundary. The county's approval essentially approved by default the master plan. No conditions of approval were attached to the master plan, so in essence, it was conceptual in nature. Each development is reviewed on a case by case basis. The first residential development brought forward was called Miller Farm. Fifty- four (54) housing units on 1 6.59 acres were created. The planning commission approved this development proposal with conditions on June 25, 1 992. The next application was from the Hazelnut Partnership (Tukwila). They requested annexation and a zone map amendment of I 1 5 acres of land that was located outside of the city limits but inside the City's Urban Growth Boundary. On June 24, 1993, the Woodburn Planning Commission reviewed and recommended approval of the annexation and zone map amendment from Marion County Urban Transition Farm to Single Family Residential which allows for golf courses under the PUD criteria 21.040 (a). The City Council agreed with the Planning Commission's recommendation and approved the proposal by ordinance on June 29, 1 993. The newly annexed property was then divided through a subdivision request. The property was split between the residential developers and the Oregon Golf Association (OGA). OGA received PUD approval for the golf course which included the pro-shop and maintenance facility. A new club house is now under construction. Tukwila I or Orchard Green subdivision was approved on July 29, 1 994 by the Woodburn Planning Commission. The Orchard Green development phase (development pod), located on lots #3, #4, ~ and a portion of lot #.8, contains 37 single family lots on approximately 10.77 acres within the Tukwila Planned Community. Ironwood at Tukwila was approved in April of I 997. It contains 1 1 0 single family lots on 21.4 acres. IV RELEVANT APPROVAL CRITERIA: A. Woodburn Comprehensive Plan B. Woodburn Transportation System Plan C. City of Woodburn Access Management Ordinance PUD 99-01 Page 4 Do Fo Woodburn Subdivision Standards Woodburn Zoning Ordinance Chapter 8 General Standards Chapter 9 Residential Standards Chapter 10 Off- Street Parking and Loading Standards Chapter 21 Planned Unit Development Chapter 22 Single Family residential District Chapter 39 Mandatory Parkland Dedication or Cash-in-lieu-of. Landscaping Policies and Standards Sign Ordinance A. Woodburn Comprehensive Plan STAFF COMMENT: Applicable approval criteria have been met through the implementing ordinances of the adopted subdivision standards, zoning ordinance and any other ordinances in effect at the time of approval. The proposed lots are part of an identifiable neighborhood. B. Woodburn Transportation System Plan STAFF COMMENT: Hazelnut Drive is designated as an access street in the Woodburn Transportation System Plan. Hazelnut Drive is 40 feet wide curb to curb with 8 foot lanes proposed on each side for golf cart and bicycle travel. Tukwila Drive is a local residential street. The applicant has proposed Tukwila Drive extension to match the existing right of way. This would include 60 feet of right of way with 34 feet of improved surface. Publicwork's comments have been included in this application. They state that Tukwila Drive will be restricted to parking on one side only and require a 5 foot utility easement. The internal street labeled as Street "A"is proposed to have 50 feet of right of way and a street width of 26 feet. This is acceptable but will require a 10 foot wide utility easement and again, parking is restricted to one side. Two off-street parking spaces are proposed by the applicant. Of concern to staff is the future connection of Tukwila Drive. The third phase is dependent on some future road connection that is outside of the current urban growth boundary. Marion County has submitted comments regarding this development ( see letter dated July 1, 1999 from Rob Hallyburton). Comments made by the fire department revised on 9-22-99 and 10-21-99 Attachment D, are based on this development dedicating the roads for public right of way. They state that the PUD 99-01 Page 5 emergency access way is acceptable for the first two phases only. If the first two phases are approved, the third phase will remain vacant and will be dependent upon a road connection to the north. If that area identified for the emergency access way is controlled by another party, the applicant will have to provide evidence of that party agreeing to the emergency access. W & H Pacific prepared a traffic analysis for the proposed development. They evaluated transportation system impacts with the development of 228 single family homes and for future traffic volumes for the year 2004. The study also focused on traffic operations at the following intersections: Tukwila Drive from the site to Boones Ferry Road, Boones Ferry Road from the site to Hwy 214, and Hazelnut Drive from Tukwila to Front Street, assuming full build out of the proposed subdivision. All study area intersections were found to operate at an acceptable level of service (LOS) D or better in the morning and evening peak hours. Adequate sight distance at the study intersections was found to operate at an acceptable LOS D or better. Future traffic volumes are also expected to operate at an acceptable LOS D or better. The Local Improvement District project on Boones Ferry Road ( set for summer of 2000) is anticipated to alleviate any capacity issues that could arise at the Boones Ferry Road/Highway 214 intersection. Public Works staff has reviewed the applicant's traffic study and concurs with the findings. Comments are attached to this staff report. C. City of Woodburn Access Management Ordinance Section 1 8 of the Woodbum Access Management Ordinance states that A The street system of a proposed subdivision shall be designed to coordinate with existing, proposed, and planned streets outside of the subdivision. Wherever a proposed development abuts unplatted land or a future development phase of the same development, street stubs shall be provided as deemed necessary by the City of Woodburn to provide access to abutting properties or to logically extend the street system into the surrounding area. All street stubs shall be provided with temporary turnarounds or cul-de-sacs unless specifically exempted by the Public Works Director, and the restoration and extension of the street shall be the responsibility of any future developer of the abutting land. Local residential access streets shall connect with surrounding streets to permit the convenient movement of traffic between residential neighborhoods or facilitate emergency access and evacuation, but such connections shall not be permitted where the effect would be to encourage PUD 99-01 Page 6 the use of such streets by substantial through traffic. STAFF COMMENT: The emergency access, even though approved by the fire department, is not the ideal situation. The future connection of Tukwila Drive where it stubs out to the urban growth boundary and considering Marion County's comments (attachment F) is unknown. D. Woodburn Subdivision Standards STAFF COMMENT: Procedures for subdivisions and partitions are covered in Chapter III Section 6,7,8 of the Woodburn Subdivision Ordinance. The information requested has been addressed and submitted by the applicant. The preliminary partition plat shows four lots, however, only three parcels are proposed and have been applied for. The fourth lot appears to be where the future tennis courts and swimming pool are located. Parcels 2 and 3 as proposed, will technically be landlocked. Because the request is part of a PUD, there is flexibility in the design of the development that is not afforded to standard subdivisions, therefore, the standard lot width requirement (proposed lot width 47 feet verses 60 feet standard width) will not comply with section 1 3 B. of the subdivision ordinance. E. Woodbum Zoning Ordinance Chapter 8 General Standards Section 8.1 90 Vision Clearance This section refers to the vision clearance area for corner lots at street intersections. STAFF COMMENT: The applicant did not address corner lot vision clearance. Chapter 9 Residential Standards STAFF COMMENTS: Section 9.045 of the Woodburn Zoning Ordinance states that "every building shall setback from lot lines adjacent to streets at least 20 feet, except in the instance where the average depth of the other buildings on the same side of the street is between 20 and IO feet, then the average depth may be used." The applicant is proposing that the front yard setback be 1 0 feet minimum to front porch, I 5 feet from property line to house face, and 20 feet from property line to garage face. Side yards will be 5 foot for a one story dwelling and 6 foot side yard for two story dwelling. The applicant has not indicated if any fencing or accessory structures are planned. The applicant has stated that the maximum height requirements for accessory structures shall be followed. Chapter 10 Off-Street Parking, Loading & Driveway Standards Section 10.050 (a) Single Family Dwellings: PUD 99-01 Page 7 (1) one and one-half spaces per dwelling unit STAFF COMMENT: The applicant is proposing two off-street parking spaces per dwelling unit excluding garages. The applicant has not indicated driveway width for single or double car garage ( 1 2 feet & 1 8 feet wide) Chapter 21 PUD - Planned Unit Development Section 21.010 Purpose STAFF COMMENT: The site is zoned for single family development, which makes allowance for a PUD as a conditional use. The applicant is now entering stage two of the process which is referred to as design review (section 21.070). In this stage the design and size of the project are reviewed. Section 21.020 Design/Development Criteria 1. The adequacy and continuity of public facilities is sufficient to accommodate the proposed development. 2. The features of the site (such a topography, hazards, vegetation, solar access, etc.) have been adequately considered and utilized. 3. The size of the development, site and building design and operating characteristics of the proposed development are reasonably compatible with surrounding development and land uses and any negative impacts have been sufficiently minimized. 4. Parking areas and entrance-exit points are designed so as to facilitate traffic pedestrian safety and avoid congestion. 5. The development design promotes energy conservation through the use of materials, landscaping and building orientation. 6. The buildings are located so as to provide light and air according to yard requirements and afford adequate solar access where desired. 7. The design promotes crime prevention and safety features through lighting, visibility of building entrances, secure storage areas, etc. 8. More useable and suitable located recreation facilities and other common and public facilities are provided than would be under conventional land development procedures. STAFF COMMENT: Publicworks has indicated that the existing storm drainage system within Tukwila Drive does not have sufficient depth or capacity to serve all phases of the development, and may not be sufficient to serve phase one. The proposed use is residential which is compatible with the other residential uses and the golf course in the surrounding area. The applicant proposes to develop one area for open space (tract c). It is approximately 15,000 square feet and will be constructed in phase 1. Tract "D" open space of approximately 3,680 square feet at the entrance will be landscaped and contain a monument sign and park bench. It will contain a barbeque, picnic table, PUD 99-01 Page 8 concrete walk and trash receptacle. Section 21.040 General Standards (a) Permitted uses, (b) minimum size, © density STAFF COMMENT: Both the proposed residential and recreational uses are allowed within the planned unit development. The development meets the minimum acreage requirements. The proposed density is 5.99 units per gross acres. (d) Outdoor Living Area STAFF COMMENT: required - 40 % of the gross land area, of this, at least 75% shall be common or shared outdoor living area. (.40 x 1 3.68 AC = 5.472 AC required). The applicant is proposing 8.41 5 AC. Common/shared outdoor living area - .75 x 5.472 AC = 4.104 AC required for common outdoor area. This requirement has been fulfilled through the original approval of the golf course. (e) Indoor Living Area STAFF COMMENT: As stated in Section 21.040 (e) of the Woodburn Zoning Ordinance, "Indoor recreation areas shall be provided at a rate of 10 square feet per living unit. The requirement for indoor recreation may be waived if the cost for outdoor recreation facilities is at least 75% of the estimated cost of the required indoor facilities." The minimum requirement for indoor recreation space for the project is 82 living units x 1 0 sq. feet per unit = 820 sq. feet. The indoor recreation was calculated using $1 00 per square foot. Information from Tukwila Partners indicate that the total cost of the outdoor facilities is approximately $8,500,000. Therefore, the indoor requirement is waived. (f) Under ground utilities STAFF COMMENT: The applicant is proposing that utilities be placed underground. (g) Streets: The commission may require that right-of-way width within the, development be maintained as private streets or be dedicated to the city when such is necessary in accordance with the official transportation plan map for the City of Woodburn. Such other streets necessary for the proper development of adjacent properties may also be required. Streets shall be constructed in accordance with standards established by the city engineer. PUD 99-01 Page 9 STAFF COMMENT: The applicants proposal meets street standards. (h) Flexible Standards. The minimum lot area, width, and frontage, height, and yard requirements otherwise applied in the district shall not dictate the strict development of the planned unit development, but shall only serve as general guidelines which may be fluctuated or adjusted to provide for a higher quality development. STAFF COMMENT: The applicant has addressed this information below in chapter 22. Section 21.070 Stage Two Design Review STAFF COMMENT: The applicant has provided the necessary information and documents such as signatures of owners, identification of those involved in the design, as well the necessary copies of site plans showing the entire development, streets, driveways, sidewalks, pedestrian ways, and major landscaping features. Also included is a projected schedule of completion. Chapter 22 Single Family Residential District STAFF COMMENT: The proposed setbacks and lot size for The Links at Tukwila are as follows: Code front yard- rear yard - side yard - lot width - lot size - lot coverage height - Proposed front yard - rear yard side yard lot width - lot depth 20 feet 24 to 34 feet 5 to 6 feet 60 feet 6,000 min. 30% to 35% 35 feet or two and one-half stories 10 feet from front porch 15 feet from property line to house face 20 feet from property line to garage 20 feet along golf course 10 feet all other lots 5 feet each side for 1 story 6 feet each side for 2 story 47 feet average 95 feet average PUD 99-01 Page 10 lot size - 5,050 average lot size lot coverage- maximum 50% height - 35 feet or two and one-half stories Chapter 39 Parkland Dedication As a condition of approval of a final plat of a residential subdivision or the issuance of a building permit for the construction of a residence, each developer or builder will be required to dedicate land for parks, or cash for the development and acquisition of parks, or a combination of both at the option of the City. STAFF COMMENT: The Woodburn Recreation and Parks Department has indicated that the established Systems Development Fee as it pertains to Parks is $483 per lot. F. Landscaping Ordinance STAFF COMMENT: The applicant has indicated that street trees, etc will be provided and maintained by the homeowners association. Preliminary drawings have been submitted showing the landscaping. G. Sign Ordinance STAFF COMMENT: The applicant has not provided any information on proposed signage. V CONCLUSION: The applicant is requesting stage 2 PUD approval of 2 phases of a residential development. This request includes approval of a partition and 82 single family lots in a private gated community. Of concern to staff is the adequacy of the emergency exit until such time as a suitable secondary access is created. VI COMMENTS FROM DEPARTMENTS: Public Works Water/VVastewater Fire Recreation and Parks Marion County Police Attachment B Attachment C Attachment D Attachment E Attachment F Attachment G VIII RECOMMENDATIONS: Based on the findings in this report, staff recommends approval subject to the following conditions: PUD 99-01 Page 11 Partition: 1. The partition request is for 3 parcels only. The recorded partition shall by in substantial conformance with the tentative plan for the partition and shall be platted according to standard surveying practices approved by the community development director and recorded with the Marion County Surveyor's Office. The applicant shall submit a copy of the survey and plat map indicating the partition to planning and public works departments prior to recordation with Marion County. Following recordation with Marion County, provide two (2) copies of the final plat to the planning department. Planned Unit Development: 5. Streets shall be public and dedicated. Any subdivision of the parcels shall comply with the applicable zoning ordinances and regulations and any ordinance or regulation adopted under OR 92.044 that are in effect at the time of approval. The PUD shall be in substantial conformity with the preliminary plan and the proposed phasing; except as modified by these conditions. o Setbacks and other zoning standards for this development shall conform to RS district requirements except as modified as follows: front yard 1 0 feet from front porch, 1 5 feet from property line to house face, 20 feet from property line to garage. Rear yard 20 feet along golf course, IO feet all other lots. Side yard zero lot line one side only, 5 foot on other side for one story 6 foot other side for two story. Lot width 47 feet average. Lot depth 95 feet. Lot size 4,465 average. Lot coverage 50% maximum. The applicant shall provide staff with a lighting plan for the proposed development for review by the Planning and Police Departments. 10. The applicant shall show compliance with Section 8.1 90 Vision Clearance. This information can be included in the final landscape plan. 11. The applicant shall provide staff with a copy of the final CC & R's before staff will PUD 99-01 Page 12 sign off on the plat. The applicant shall also provide staff with a copy of the recorded CC & R's. 12. Comply with single family dwelling driveway standards specified in chapter ten of zoning ordinance. 13. All fees shall be paid prior to construction. 14. Prior to building permit issuance, comply with comments as submitted by: Public Works Department Water/Wastewater Department Woodburn Fire Department Recreation and Parks Department Police Department PUBLIC WORKS GENERAL CONDITIONS: 15. Construction plans shall be submitted to the city for reviewand approval and shall conform to the construction plan review procedures and standards. 16. On-site existing water wells and subsurface sewage disposal system-ns shall be abandoned by the applicant in accordance with all state regulations and requirements 17. All city maintained facilities located on private property will require a minimum 16 foot wide easement be conveyed to the city by the property owner. This is the applicant's responsibility to provide, not the city's. 18. The applicant not the city is responsible for obtaining permits from any state, county and/or federal agencies which may require such permit or approval. 19. Applicant to provide for the installation of all franchised utilities and shall provide any required easements on the final plat. Street lighting shall also be installed by the applicant as per AGE Schedule 'B" plan. 20. The owner/applicant shall be required to enter into an improvement agreement as outlined in the Woodburn Zoning Ordinance, Chapter III, Section 6 prior to acceptance of the final plat. In addition, prior to construction of the public infrastructure, plans shall be submitted and approved by the Public Works Department, performance bound in the amount of 1 00% of construction cost be provided and the construction permits fee's paid. PUD 99-01 Page 13 21. A Department of Environmental Quality I 200 C Erosion Control Permit will be require on this project. 22. All work shall conform to the City of Woodbum Standards and all State Building Codes and Regulations. STREET AND DRAINAGE: 23. The interior Street width of 26 feet wide curb to curb within a 50 foot wide right-of- way is acceptable if 10 foot wide utility easements are provided each side of the street. Parking will be allowed on one side only, not both sides as proposed. 24. The proposal for Tukwila Drive is 34 foot improved street curb to curb, within a 60 foot right of way, this is acceptable with a minimum, five foot utility easements provided on each side. Parking will also be restricted to one side only. 25. The existing storm drainage system within Tukwila Drive does not have sufficient depth or capacity to serve all phase's of the development, it may not even be sufficient to serve phase one. The applicant shall provide the city a hydraulic analysis for review. Storm water runoffwhich will not utilize the existing storm sewer system within the existing Tukwila Drive shall discharge to existing drainage ways, any third party easements required shall be provided prior to final plat approval. Pollution control devices prior to discharge into the drainage way will be required. 26. Phase one and phase two access is technically a dead end street. The private access proposal and turnaround provisions for phase one and two shall be acceptable to the Woodburn Fire District and the Woodburn Police Department for emergency access requirements. Phase three will require an additional public access prior to it's development. 27. Centerline curve radius dimensions on through streets and property line curve radius dimensions at intersections shall be subject the Woodburn Public Works and the Woodburn Fire Districts review and approval. 28. The city is currently in the process of formation of a Local Improvement District for Street Improvements on Boons Ferry Road. This property may be subject to a fair share cost of such improvements as determined by the City Council. 29. No structures or fences greater then 30" in height will be allowed in the sight visibility area on lots at street intersections, regardless of the approved building PUD 99-01 Page 14 setbacks. WASTEWATER: 30. The existing sanitary sewer main located within Tukwila Drive only has sufficient depth to serve phase one and possibly a portion of phase two. The sanitary sewer trunk line within Mill Creek shall be utilized for the remaining portion of the project and phases, this connection will require the applicant obtain a permit form Corp. of Engineers and Division of State Lands. WATER: 31. The water main serving this deve,[ppment shall be a looped system. Phase one and two shall extend the existing",8" inch diameter main at the end of Tukwila Drive along Tukwila Drive and Street "A" as designated on the plan. In addition the main shall be looped back through the private access to Hazelnut Drive to complete the loop. Phase three shall also require to be looped with its future development. With the construction of Phase one and two an 8" diameter water main shall be extended between lots 52 and 53 to provide for this future looped connection. Proper easements will be required. 32. Fire hydrant locations and fire protection requirements shall be as per the Woodburn Fire Districts conditions of approval. 33. See waste/water comments in regard to cross connection requirements. Water All units that put in either a underground irrigation system, swimming pool, hot tub and fire sprinkler system will be required to install a backflow prevention assemblies (DC) (Double Checks). The assemblies shall be installed by the water meter next to the property line. Unless approved by city engineers. Please see inspector on installation standards 982-5283. Also, along the streets, Tukwila is puffing in underground sprinkler systems, all systems are required to install (DC) Double Check backfiow Assemblies. Woodbum Fire District Revision 10-21-99 35. Access: Exterior of Facility A. Proposed emergency access way is acceptable for first phases only. B. Any restrictions to fire department emergency access road must be approved by the PUD 99.01 Page 15 fire district and locks must by Knox type. C. Turn around provisions will be required at the dead end of each phase when dead end is longer than 150 feet. Note: We are opposed to a gated community with private streets as it is impossible to enforce access requirements on private roads. Circled entrance way may not provide enough width and radius for fire apparatus. More information is needed before approval. 36. Fire flow/water supply: Type V-N construction I 000 gpm 37. Hydrants: One hydrant within 250 feet of all structures. 38. Alarm system: As per ORS for single family residences 39. Premise Identification: Address to comply with City of Woodburn standards. Street names to be submitted to planning department and reviewed by Emergency service providers to avoid duplication or confusion with existing system. 40. Building size & limitations/type of construction: Proposed zero lot line will require one hour bearing wall, see building official for any other requirements regarding occupancy or area separation. 41. Special comments: An onsite water supply system must be available, operational and acceptable to the city prior to the construction of combustible buildings. Access during construction must support the weight of fire apparatus and allow access to facility. Recreation and Parks Department 42. The recreation and parks department has reviewed the above referenced project and provides the following comment. Systems development charges for parks are calculated as follows: Phase 1 charge per unit * $483 units 51 Total $24,633 Phase 2 charge per unit * $483 units 45 Total $21,735 Phase 3 charge per unit * $483 units 132 Total $63,756 * Systems Development Charges are payable at rates in place at the time building permits are obtained. The city is analyzing these charges and expects to revise the PUD 99-01 Page 16 amounts. Police Department 43. A stop sign should be posted at both exit points from street "A' to Tukwila Drive. 48. Posted "No Parking" signs on one side of Tukwila drive to decrease traffic hazards caused by parking on both sides of the street. 44. A stop sign should be posted for the golf cart paths crossing Tukwila Drive. White lines should also (be) painted across the drive for the golf cart crossing. 45. Consider the use of Low Pressure Sodium Vapor lighting for the streets. This will cut down on the glare into the residential homes around the street. 46. ~;' 2~ miles an hour speed zone signs should be posted at the entrance point to the new development and at other locations along the street. PUD 99-01 Page 17 SCORECARD ATTACHMENT A SITE PLAN REVIEW THE LINKS AT TUKWILA PRELIMINARY GENERAL CONDITIONS: Construction plans shall be submitted to the city for review and approval and shall conform to the construction plan review procedures and standards. On-site existing water wells and subsurface sewage disposal systems shall be abandoned by the applicant in accordance with all state regulations and requirements All city maintained facilities located on private property will require a minimum 16 foot wide easement be conveyed to the city by the property owner. This is the applicants responsibility to provide, not the city's. The applicant not the city is responsible for obtaining permits from any state, county and/or federal agencies which may require such permit or approval. Applicant to provide for the installation of all franchised utilities and shall provide any required easements on the final plat. Street lighting shall also be installed by the applicant as per PGE Schedule "B "plan. The owner/applicant shall be required to enter into an improvement agreement as outlined in the Woodburn Zoning Ordinance, Chapter III, Section 6 prior to acceptance of the final plat. In addition, prior to construction of the public infrastructure, plans shall be submitted and approved by the Public Works Department, performance bound in the amount of 100% of construction cost be provided and the construction permits fee's paid. A Department of Environmental Quality 1200 C Erosion Control Permit will be require on this project. All work shall conform to the City of Woodbum Standards and all State Building Codes and Regulations. STREET AND DRAINAGE: The interior Street width of 26 feet wide curb to curb within a 50 foot wide fight-of-way is acceptable if 10 foot wide utility easements are provided each side of the street. Parking will be allowed on one side only, not both sides as proposed. The proposal for Tukwila Drive is 34 foot improved street curb to curb, within a 60 foot right of way, this is acceptable with a minimum, five foot utility easements provided on each side. Parking will also be restricted to one side only. The existing storm drainage system within Tukwila Drive does not have sufficient depth or capacity to serve all phase's of the development, it may not even be sufficient to serve phase one. The applicant shall provide the city an hydraulic analysis for review. ATTACHMENT B P, ELilVilNARY Storm water runoff which will not utilize the existing storm sewer system within the existing Tukwila Drive shall discharge to existing drainage ways, any third party easements required shall be provided prior to final plat approval. Pollution control device prior to discharge into the drainage way will be required. Phase one and phase two access is technically a dead end street. The private access proposal and turnaround provisions for phase one and two shall be acceptable to the Woodbum Fire District and the Woodbum Police Department for emergency access requirements. Phase three will require an additional public access prior to it's development. Centefline curve radius dimensions on through streets and property line curve radius dimensions at intersections shall be subject the Woodburn Public Works and the Woodbum Fire Districts review and approval. The city is currently in the process of formation of a Local Improvement District for Street Improvements on Boones Ferry Road. This property may be subject to a fair share cost of such improvements as determined by the City Council. No structures or fences greater then 30" in height will be allowed in the sight visibility area on lots at street intersections, regardless of the approved building setbacks. WASTEWATER: 1. The existing sanitary sewer main located within Tukwila Drive only has sufficient depth to serve phase one and possibly a portion of phase two. The sanitary sewer tronic line within lVlill Creek shall be utilized for the remaining portion of the project and phases, this connection will require the applicant obtain a permit form Corp of Engineers and Division of State Lands. WATER: The water main serving this development shall be a looped system. Phase one and two shall extend the existing 8" inch diameter main at the end of Tukwila Drive along Tukwila Drive and Street "A" as designated on the plan. In addition the main shall be looped back through the private access to Hazelnut Drive to complete the loop. Phase three shall also require to be looped with it's Future development. With the construction of Phase one and two an 8" diameter water main shall be extended between lots 52 and 53 to provide for this future looped connection. Proper easements will be required. Fire hydrant locations and fire protection requirements shall be as per the Woodburn Fire Districts conditions of approval. : 3. See waste/water comments in regard 'to cross connection requirements. MEMO TO: FROM: SUBJECT: DATE: Teresa Engeldinger, City Planner Randy Rohman, Public Works f~-~ The Links at Tukwila, PUD 99-O1, Traffic Study September 27, 1999 I have reviewed the traffic study on the Links at Tukwila that was prepared by W&H Pacific. The assumptions used as a basis for the traffic study and the growth values used are reasonable. The data that was developed appears to be accurate and correctly state the effect of traffic from this development on the surrounding street system. The data is conservative since it did not include a second access point that will be required before the development is built out. There was an incorrect year stated for construction of the Boones Ferry Road LID on page 10 but the correct projected date is used elsewhere in the report. I concur with the Summary of Findings and Recommendations as presented in the report. With the future development of all three phases of this development the emergency access planned for phase 1 will not be sufficient. A second public street access will be required with the start of construction of phase 3 as proposed in the application. ATTACHMENT B SITE PLAN REVIEW- COMMENTS REQUEST DATE: September :28,1999 APPLICANT: The LiT~ks at Tukwila PUD 99-01. DEPARTMENT: Wastewater/Water CONTACT PERSON: Teresa Engeldinger City Planner DEPARTMENT COMNIENTS Cross conpecfions~ Water Department All units that put in either a underground irrigation systems, swimming pools, hot tubs and fu'e sprinkler systems will be required to install a backflow prevention ~ssemblies (DC) (Double Checks). The assemblies shall be installed by the water me, er next to the property line. Unless approved by city Engineers. Please see Inspector on Installation Standards 992o5293. Also along the streets, Tukwila is putting in underground sprinkler systems, all systems are required to install (DC) Double Check backflow Assemblies. Wlistg~vater Department No comment at this time, Lsrry Ar~dt Industrial Waste Coordinator Cross Connection ln~ector City of Woodbum ATTACHMENT C WOODB URN FIRE DISTRICT Prevention Division Site Plan Review Comments Steve Goeckfitz, Planner City of Woodburn From: Robert Benck Fire Marshal Date: 06-21-99 Rev. 9-22-99 Facility/Project Name: The Links at Tukwila Location: Tukwila Subdivision Occupancy Class: R-3 A. Access: 1. Exterior of Facility: A. Proposed emergency access way is acceptable for first two phases only. B. Any restrictions to Fire Department emergency access road must be approved by the Fire District and locks must be Knox type. C. Turn around provisions will be required at the dead end of each phase when dead end is longer than 150 feet. 2. To Interior of Facility: Information not provided B. Building Exit System: Issues to be addressed to City Building Department for Fire & Life Safety Plans Review. 1. Occupant Load: 2. Number of Exits: 3. Exit Hardware: 4. Exit Signage: 5. Emergency Lighting: C. Fire flove/ Water Supply: Type V-N construction 1000 gpm D. Hydrants: One hydrant within 250 feet. of all structures. E. Sprinkler/FDC: Not required SEP g 3 1999 F. Atarm System: As per ORS for single family residences. ATTACHMENT D G. Premise Identification: Addresses to comply with City of Woodburn standards. Street names to be submitted to planning department and reviewed by Emergency service providers to avoid duplication or confusion with existing system. H. Special Occupancy Requirements: I. Building Size & Limitations/Type of Construction: Proposed zero lot line will require one hour bearing wall, see Building Official for any other requirements regarding occupancy or area separation.. J. Fire and Life Safety Review Requirement: By City of Woodburn Building Official. lC. Special Comments: An onsite water supply system must be available, operational and acceptable to the city prior to the construction of combustible buildings. Access during construction must support the weight of Fire Apparatus and allow aec, ess to facility. COMPLIANCE WITH THESE REQUIREMENTS DOES NOT CONSTITUTE PERMISSION TO BUILD. BUILDING PERMITS AND PLANS REVIEWS BY THE APPROPRIATE BUILDING OFFICIAL IS REQUIRED. PERMITS AND APPROVED PLANS MUST BE ONSITE DURING CONSTRUCTION. WOODBURN FIRE DISTRICT 1776 Newberg Hwy. [Voodburn, OR. 97071 (503) 982-2360 Fax (503) 981-5004 WOODB URN FIRE DISTRICT Prevention Dieision Site Plan Rerie~v Comments Memo To: Steve Goeckritz, Planner City of Woodburn From: Robert Benck Fire Marshal Date: 06-21-99 Rev. 9-22-99 10-21-99 Facility/Project Natne: The Links at Tukwila Location: Tukwila Subdivision Occupancy Class: R-3 A. Access: 1. Exterior of Facility: A. Proposed emergency access way is acceptable for first two phases only. B. Any restrictions to Fire Department emergency access road must be approved by the Fire District and locks must be Knox type. C. Turn around provisions will be required at the dead end of each phase when dead end is longer than 150 feet. Note: We are opposed to a gated community with private streets as it is impossible to enforce access requirements on private roads. Circled entrance way may not provide enough width and radius for fire apparatus. More information is needed before approval. 2. To Interior of Facility: Information not provided B. Building Exit System: Issues to be addressed to City Building Department for Fire & Life Safety Plans Review. 1. Occupant Load: 2. Number of Exits: 3. Exit ltardware: 4. Exit Signage: 5. Emergency Lighting: C. Fire flo~v/ Water Supply: Type V-N construction 1000 gpm D. Hydrants: One hydrant within 250 feet. of all structures. E. Sprinkler/FDC: Not required ATTACHMENT D F. Alar~n S~vstetn: As per ORS for single family residences. G. Premise Identification: Addresses to comply with City of Woodburn standards. Street names to be submitted to planning department and reviewed by Emergency service providers to avoid duplication or confusion with existing system. H. Special Occupancy Requirements: L Building Size & Limitations/Type of Construction: Proposed zero lot line will require one hour bearing wall, see Building Official for any other requirements regarding occupancy or area separation.. J. Fire and Life Safety Review Requirement: By City of Woodbum Building Official. K. Special Comments: An onsite water supply system must be available, operational and acceptable to the city prior to the construction of combustible buildings. Access during construction must support the weight of Fire Apparatus and allow access to facility. COMPLIANCE WITH THESE REQUIREMENTS DOES NOT CONSTITUTE PERMISSION TO BUILD. BUILDING PERMITS AND PLANS REVIEWS BY THE APPROPRIATE BUILDING OFFICIAL IS REQUIRED. PERMITS AND APPROVED PLANS MUST BE ONSITE DURING CONSTRUCTION. tVOODBURN FIRE DISTRICT 1776 Newberg Hwy. Woodburn. 01~ 97071 (503) 982-2360 Fax (503) 981-5004 Memo to: from: date: subject: Woodburn Recreation and Parks Department Steve Goeckritz, Community Development Director D. Randall Westrick, Recreation and Parks Director October 12, 1999 Department Comments - The Links at Tukwilla The Recreation and Parks Department has reviewed the above-referenced project and provides the following comment. Systems Development Charges for parks are calculated as follows: Phase 1 Charge Per Unit Units Total $483' 51 $24,633 Phase 2 Charge Per Unit Units Total $483* 45 $21,735 Phase 3 Charge Per Unit Units Total $483' 132 $63,756 *Systems Development Charges are payable at rates in place at the time Building Permits are obtained. The City is analyzing these charges and expects to revise the amounts. ATTACHMENT E Marion County OREGON COMMUNITY DEVELOPMENT DEPARTMENT DIRECTOR Craig O. Luedeman BUILDING INSPECTION (503) 588-5147 PLANNING (503) 588-5038 mcplann@open.org BOARD OF COMMISSIONERS Randall Franke Patti Milne Mike Ryan COUNTY ADMINISTRATOR Jeff Davis DATE: TO: FROM: RE: July 1, 1999 Teresa Engeldinger Rob Hallyburton, Principal Planner [~d~ Planned Unit Development 99-01, The Links at Tukwila Thank you for the opportunity to comment on the above-referenced proposal. The only remark this department wishes to make concerns the proposed stub street at the north end of the developed labeled "Proposed Future Roadway Connection" on the Tentative Site Plan. There is no objection to the stub street, but this acceptance should not be construed as an actual or implied endorsement by the county of any future expansion of the urban growth boundary. If you have any questions, please don't hesitate to contact me. c: Dave Chamness, Marion County Public Works JUL 0 2 1999 · ,: ' ::?T. ATTACHMENT F 3150 Lancaster Drive N.E. Suite 'B' · Salem, Oregon 97305-1398 o http://www.open.orglmcplann CITY OF WOODBURN POLICE DEPARTMENT 270 MONTGOMERY STREET WOODBURN,OR 97071 (503) 982-2345 CRAIG HALUPOWSKI PATROLMAN DATE: September 24, 1999 TO: Teresa Engeldinger, Planning Department THROUGH: Deputy Chief Russeli~ SUBJECT: The Links at Tukwila Site Plan Review The following is a list of recommendations regarding the site plan review for the Links at Tukwila. 1. A stop sign should be posted at both exit points from street "A" to Tukwila drive. 2. Posted "No Parking" signs on one side of Tukwila drive to decrease traffic hazards caused by parking on both sides of the street. 3. A stop sign should be posted for the golf cart paths crossing Tukwila drive. White lines should also painted across the drive for the golf cart crossing. 4. Consider the use of Low Pressure Sodium Vapor Lighting for the streets. This will cut down on the glare into the residential homes around the street. 5. 25 mile an hour speed zone signs should be posted at the entrance point to the new development and at other locations along the street. ATTACHMENT G DEC 1 5 1999 '" ~ :~' ~i';",( NOTICE OF APPEAL Decision being Appealed: "The Links at Tukwila" P.U.Do 99-01; Minor Partition 99-05 Planning Commission Denial Decision Dated & Mailed: December 10, 1999 Name of Appellants: United Properties of Oregon-Applicant Tukwila Partners Representative of Appellant United Properties of Oregon: Representative of Appellant Tukwila Partners: William C. Cox Attorney at Law 0244 S.W.California St. Portland, Oregon 97219 (503) 246-5499 Ken Sherman, Jr. Attorney at Law 687 Court Street N.E. Salem, Oregon 97301 (503) 364-2281 Appeal Deadline Date: Date of this Appeal: December 20, 1999 December 15, 1999 ATTACHNENT H Appellant Interest: Appellants include applicant developer and owner of land upon which the development will be located. Appellants appeared and were parties to the proceeding being appealed Grounds Relied Upon for Review: The decision violated the approval criteria in the following manners: A. The decision exceeded the jurisdiction of the local government. B. The Planning Commission failed to follow the procedures applicable to the matter before it in a manner that prejudiced the substantial rights of the petitioner. C. The decision is not supported by substantial evidence in the whole record. D. The decision does not comply with applicable law. E. The decision improperly construed the applicable law and is inconsistent with past interpretations of the ordinances and decisions governing the Tukwila P.U.D. F. The decision is outside the scope of authority of the decision maker. G. The decision is unconstitutional. H. The local government committed a procedural error which prejudiced the substantial rights of the applicant. As an illustration of some of the above, but not by way of limiting appellants' scope of appeal, the Planning Commission found that the Tukwila P.U.D. has not received master plan approval for up to 700 residential housing units. Also, Planning Commission refused to acknowledge that the Tukwila Golf Course has been approved and previously used for the purpose of meeting density, indoor and outdoor recreation and open space 2 requirements of the applicable Woodburn development codes. The Planning Commission refused to recognize past approvals based on the 700 unit density and open space considerations. The issues upon which the Planning Commission based its denial were not raised by the Planning Director. Contrary to the Planning Commission decision the staff report recommended approval. Inherent in that recommendation is a recognition that the Tukwila P.U.D. was approved for 700 housing units. Previous staff reports, which were adopted as the basis for approval of prior phases of the Tukwila P.U.D. indicate that the proper density for phasing approvals is 700 housing units. Also inherent in the Planning Director's recommendation of approval is the fact that the Woodburn Zoning Code provisions for open space and indoor and outdoor recreation facilities are to be evaluated on the basis that the golf course acreage and improvements are more than sufficient to meet City requirements throughout the phased development of the Tukwita P.U.D. The basis for the Planning Commission denial can neither be found in the applicable City of Woodburn Code nor determined to be consistent with previous approvals for development of the land within the Tukwila P.U.D. Furthermore, the reasons given for denial fail to address the evidence presented by applicant. Attorney for A~ellant United Proper,{ies of Oregon, Inc. OPENING STATEMENT FOR LAND USE HEARINGS REQUIRED BY ORS CHAPTER 197 This is the time set for public hearing in Planned Unit Development g99-01/Stage li Design Review and Minor Partition g99-05. The nature of the application is to partition Lot 8 to create 3 separate parcels and receive PUD Stage II design approval for 82 single family lots. The applicant is W & H Pacific, Inc., 8405 SW Nimbus Ave., Beaverton, OR The law requires the City to list all substantive criteria relevant to each hearing. The applicable substantive criteria is listed in the notice of public hearing and is as follows: B. C. D. E. WOODBURN COMPREHENSIVE PLAN WOODBURN TRANSPORTATION SYSTEM PLAN CITY OF WOODBURN ACCESS MANAGEMENT ORDINANCE WOODBURN SUBDIVISION STANDARDS WOODBURN ZONING ORDINANCE Chapter 8 - General Standards Chapter 9 - Residential Standards Chapter 10 - Off-Street Parking and Loading Standards Chapter 21 - Planned Unit Development Chapter 22 - Single Family Residential District Chapter 39 - Mandatory Parkland Dedication or Cash in-lieu-of LANDSCAPING POLICIES AND STANDARDS SIGN ORDINANCE The full text of all listed criteria is printed in the staff report which has been distributed prior to this hearing and is also available now for inspection by any interested persons. 2. All testimony and evidence must be directed toward these criteria or other criteria in the plan or land use regulation which the person testifying believes apply to the decision. Please relate your testimony to the listed criteria. 3. The failure to raise an issue accompanied by statements or evidence sufficient to afford the City Council and the parties, an opportunity to respond to the issue, precludes appeal to the Land Use Board of Appeals based on that issue. 4. The failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Council to respond to the issue precluded an action for damages in circuit court. 5. Any participant may request, before the conclusion of the initial evidentiary hearing, an opportunity to present additional evidence or testimony. The City Council shall grant the request by either: Page 1 - Opening Statement for Land Use Hearings Subdivision g99-01, et al January 17, 2000 (a) continuing the public hearing to a specific date and time at least seven days from the date of the initial evidentiary hearing, or (b) leaving the record open for at least seven days for additional written evidence or testimony. If the hearing is continued and new written evidence is submitted at the continued hearing, any person may request, prior to the conclusion of the continued hearing, that the record be left open for at least seven days to submit additional written evidence or testimony to respond to the new written evidence. If the record is left open rather than continuing the hearing, any participant may file a written request to reopen the record to respond to new evidence submitted while the record was left open and the City Council shall grant that request. The applicant is allowed at least seven days after the record is closed to all other parties, to submit final written arguments, but not new evidence, in support of the application. 6. If additional documents or evidence are provided by any party, the City Council may allow any party to the hearing a continuance of the hearing, or leave the record open, to allow the party a reasonable opportunity to respond. 7. Everyone addressing the City Council is requested to come forward, use the microphone, and begin by giving your full name and address. We wish to hear from everyone who is interested in the proposal. (For those of you who wish to testify, please be sure to fill out the "Hearing Testimony Sign-Up Sheet" located on the table in the hallway). We will now proceed with the staff report. Page 2 - Opening Statement for Land Use Hearings