Agenda - 11/25/2002
WOODBURN CITY COUNCIL
AGENDA
NOVEMBER 25,2002 7:00 PM
1.
CALL TO ORDFR AND FLAG SALUTE
ROLL CALL
2.
3.
ANNOUNCEM-=NTS AND APPOINTMENTS
Announcement~:
A. A PublicI Hearing regarding the Tree Protection and Preservation
Ordinan~e will be held on December 9, 2002.
B. A Public Hearing to consider Comprehensive Plan Map Amendment 01-03
and Zonj3 Change 01-07 (Doman) will be held on December 9,2002.
C. Thanksgiving Holiday Closures:
City Halll and the Public Library will be closed on November 28
and 29, 2002. The Library will be open regular hours on Saturday
and Sunday. The Aquatic Center will be closed on Thursday only.
D. The Hol~day Tree Lighting Ceremony on December 6, 2002 will start
with a Pinata Party at 6 p.m. at St. Luke's followed by a Posada to
Warzyn$ki Plaza for the Tree Lighting at 7 p.m. Last will be a hot
chocolate reception hosted by Woodburn Downtown Association
at 7:45 p.m. at Lupita's.
Appointments:
None
4. PROCLAMA liONS/PRESENT A TIONS
None
5. COMMITTEE REPORTS
A. Chamber of Commerce
B. Woodburn Downtown Association
Council Agenda of November 25, 2002
Pag.e i
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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 AG~NDA - Items listed on the consent agenda are considered
routine and may be enacted by one motion. Any item may be removed for
discussion at tHe request of a Council member.
A. Woodburn City Council minutes of November 12, 2002 regular ......................1
and exe~utive sessions.
Recomn)ended Action: Approve the Woodburn City Council minutes.
B. Woodburn Public Library Board minutes of November 13, 2002................... 13
Recommended Action: Accept the Woodburn Public Library
Board minutes.
C. Woodburn Planning Commission minutes of October 24, 2002.................... 15
Recommended Action: Accept the Woodburn Planning
Commission minutes.
D. Claims for October 2002.............. .................................................................. 18
Recomri,lended Action: Accept the claims.
E. Water Treatment Project Update .................................. ............. ............ ........25
Recommended Action: Receive the report.
F. Status Update - November 5,2002 Election ................................................. 26
Recommended Action: Receive the report.
9. TABLED BUSINESS
None.
10. PUBLIC HEARINGS
A. Subdivision Application No. 02-03; a proposal to convert Woodburn ........... 27
Crest Estates Mobile Home Park into a 45-lot subdivision.
Recommended Action: Conduct public hearing, receive public input,
and direct staff to prepare an ordinance reflecting Council's decision
11. GENERAL BUSINESS
A. Trust Deed, Cipriano Ferrel Education Center Project ..................................60
Recommended Action: Accept the conveyance of the Trust Deed.
Council Agenda of November 25, 2002
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B. Contract Award, Cipriano Ferrel Education Center Project ........................... 70
Recommended Action: Award contract to lowest responsible bidder,
Centex Construction, Inc., in the amount of $991,315.
C. Land Use Partition No. 02-01 ........................................................................71
Recomrryended Action: Rescind City Council's November 12, 2002,
decision'to call up Partition No. 02-01.
12. PUBLIC COMNtENT
13. NEW BUSINE~S
14. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS-
These are Planning Commission or Administrative Land Use actions that may be
called up by th~ City Council.
A. Planning Commission's approval of Site Plan Review 02-06 ........................ 72
and Variance 02-03 (located at 395 Shenandoah).
B. Planning Commission's denial of Variance 02-04 (Wells Fargo) ................... 75
15. CITY ADMINISTRATOR'S REPORT
16. MAYOR AND COUNCIL REPORTS
17. EXECUTIVE SESSION
A. To conduct deliberations with persons designated by the governing body
to negotiate real property transaction pursuant to ORS 192.660( 1 )( e).
B. 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 (1)(h).
C. To consider records that are exempt by law from public inspection
pursuant to ORS 192.660 (1 )(f).
18. ADJOURNMENT
Council Agenda of November 25, 2002
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COUNCIL MEETING MINUTES
NOVEMBER 12,2002
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, ST ATE OF OREGON, NOVEMBER 12,2002.
CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding.
0010 ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Jennings
Bjelland
Chadwick
Figley
McCallum
Nichols
Sifuentez
Present
Present
Present
Present
Present
Present
Present
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director
Tiwari, Public Works Manager Rohman, Police Chief Russell, Park & Recreation
Director Westrick, Library Director Sprauer, Asst. City Engineer Torgeson, Management
Analyst Smith, City Recorder Tennant
Councilor Figley requested that an item be added to the agenda relating to a request made
by a constituent. The Mayor stated that the item would be added under New Business.
0050 ANNOUNCEMENTS.
A) Mayor Jenning's Farewell Party: This event will be held on Friday, November 15,
2002, at St. Luke's Rubis Hall. Tickets are available in the City Administrator's office.
B) Library Gardening Program: The Library is sponsoring this program which will be
held on Sunday, November 1 Th, 2:00 p.m., in the City Hall Council Chambers.
C) Public Hearing: The public hearing for Woodburn Crest Estates Mobile Home Park
will be continued to Monday, November 25,2002, 7:00 p.m., in the City Hall Council
Chambers.
D) City Hall Office Closure: City offices will be closed November 28 and 29, 2002 in
observance of Thanksgiving.
0100 Henry Jaeger, 1830 E. Hardcastle, expressed his opinion that, for the most part, the
contractors did a good job on the East Hardcastle street improvement project.
Additionally, there was an incident involving vandalism of newly poured concrete and the
Police Departm(jnt did a good job in locating the suspects and getting the cement work
fixed. He stated! that he does have a problem with the placement of the mailboxes on E.
Hardcastle. With the improved street, there will be more traffic from motorists bypassing
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the Hwy. 211/214t-/99E intersection thereby making it more difficult to safely cross the
street to their mailbox. He realized that the Post Office has the final say on the placement
of the mailboxes, however, he requested assistance from the Council and/or staff to try
and get either a route change in order to get the mailboxes in front of the house rather
than on one side of the street or lockboxes installed. He expressed concern with the
increasing crime rate involving mail theft and indicated that he would be putting in
lockboxes for th~ duplexes he owns along Kennedy Street.
Councilor McCallum suggested that he talk to the Postmaster since he has found him
willing to listen tP the patrons to see if something can be worked out.
Mr. Jaeger proceeded to show some photographs of other areas in town in which the
sidewalk abuts the curb rather than having a planting strip between the sidewalk and curb.
On East Hardcastle, the sidewalk abuts the curb on the north side of E. Hardcastle but on
the south side, there is a 1 foot planting strip. He objected to this depth of a planting strip
since it is difficult to water and in most cases, property owners will neglect the planting
strip thereby making the area unattractive. He suggested that the 1 foot planting strip be
filled in with cement which will make it look the same as the north side of the roadway.
0738 Public Works Director stated that the sidewalk on the south side of the road was
constructed about 3 years ago in order to make the area safer for pedestrians. At the time
of construction, the sidewalk was paid for by the City. He stated that the planting strip
has advantages such as the ability to install signs or mailboxes without taking away a
portion of the sidewalk and, from a safety perspective, it keeps children further away
from the roadway when they are using the sidewalk. Under the City's new development
ordinance, sidewalks are to be placed away from the curb rather than abutting the curb.
In this particular case, at the time ofthe sidewalk installation, there was no right-of-way
available to move the sidewalk away from the curb placement on the north side. In
regards to the planting strip, the intent is to place barkdust in this area and periodically
spray for weeds. He stated that he is in support of the mailboxes on the south side since
there are more residences on the south side. He had also talked to the Post Office staff
but there is a route problem and they are willing to consider a change if there is a cluster
of mailboxes with locking devices which they do not have to pay for. In regards to
slowing down the traffic, in many cases, speed signs and traffic enforcement are the more
appropriate methods to use rather than placing stop signs at specific intersections unless
an engineering report recommends the stop sign placement.
Mayor Jennings questioned if a property owner could, on their own, put cement in the
planting strip.
Director Tiwari stated that there may be some other alternatives rather than cement and
staff is willing to talk to property owners that are interested in an alternative to the
barkdust concept.
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1284 CONSENT AGf:NDA.
A) approve Council regular and executive session minutes of October 28, 2002;
B) accept the Li~rary Board minutes of October 9, 2002;
C) accept the Planning Commission minutes of September 26, 2002;
D) accept the Recreation and Park Board minutes of October 15, 2002;
E) receive the Police Department activities report for September 2002;
F) receive the stteet closure report for the Centro Cristiano Harvest Festival held on
October 31, 2002;
G) receive the Pl~ing Project Tracking Sheet dated October 29, 2002;
H) receive the Building Activity report for October 2002; and
I) receive the Library Monthly report for October 2002.
FIGLEYINICHOLS... adopt the consent agenda as presented. The motion passed
unanimousl y.
1350 COUNCIL BILL 2422 - ORDINANCE REPEALING THE SCHEDULE OF FEES
AND CHARG~ FOR CITY SERVICES ADOPTED IN 2001 AND ADOPTING
THE 2002-03 ~VISED FEE SCHEDULE.
Councilor Chadwick introduced Council Bill 2422. Recorder Tennant read the two
readings of the bill by title only since there were no objections from the Council. On roll
call vote for final passage, the bill passed unanimously. Mayor Jennings declared
Council Bill 2422 duly passed with the emergency clause.
1450 COUNCIL BILL 2423 - RESOLUTION ENTERING INTO AN
INTERGOVERNMENTAL AGREEMENT WITH CHEMEKET A COMMUNITY
COLLEGE FOR PARTICIPATION IN THE CHEMEKETA COOPERATIVE
REGIONAL LffiRARY SERVICE (CCRLS).
Councilor Chadwick introduced Council Bill 2423. The bill was read by title only since
there were no objections from the Council. On roll call vote for final passage, the bill
passed unanimously. Mayor Jennings declared Council Bill 2423 duly passed.
1506 REVISED DRAFT TREE PROTECTION AND PRESERVATION ORDINANCE.
Councilor Nichols referred to Section 8(F)(2) and objected to the property owner having
to pay a fee in order to bring an appeal before the City Council.
Councilor Figley expressed her opinion that this version of the draft ordinance is more
palatable in that it does limit a great deal of protection to very large trees and those within
the setback areas (street scape) even though it may be on private property. In looking at
the entire ordinance, she would not actively oppose this ordinance but she wondered if it
be better to acco(nplish objectives by a Heritage Tree Program in recognizing and
honoring old tre~s and in educating the public about these trees.
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She also reques~ed that the typographical errors in the draft ordinance be corrected before
final action is considered by the Council.
Administrator Brown stated that the document is still in draft form and he is trying to get
more input from the Council before a final draft is prepared and a public hearing is held
on this issue. In regards to the appeal fee, staff had proposed that an appeal fee be
charged to recover publication and staff costs similar to what is being done in other areas
involving an appeal.
Councilor Nichqls stated that he could understand the reasoning for trying to recover
costs, however, ~e did not feel that a tree removal or tree topping would require much
public notice.
Councilor McCallum suggested that the appeal fee be defined in the draft so that the
Council can determine whether or not the fee should be imposed.
Councilor Bjellaind suggested that this draft contain all of the proposed fees before the
hearing is held.
Councilor McCallum stated that he does have concerns regarding the increase in the tree
diameter from 24 inches to 36 inches and in the setback language, however, he could
agree to the document as it has been drafted. He advocated the adoption of an ordinance
that would preserve heritage trees in our community.
Councilor Bjelland briefly reviewed some typographical errors in the draft document and
expressed his interest in holding a public hearing on this issue. To date, he has not made
a decision as to what direction the City should take, however, increasing the diameter of
tree and limiting it to the street scape is more acceptable than making the owner's entire
lot subject to tree preservation. He also felt that the dollar amounts need to be included in
the draft document so that the Council and public are aware of the amounts before any
final action is taken by the Council.
Councilor Sifuentez expressed her opinion that it seems to be a good document. Her
concern has always been about the rights ofthe citizens and not infringing upon those
rights. She will be in attendance at the public hearing to hear what the citizens have to
say about this draft document and is would like to hear comments from the staff and
public before finalizing the ordinance.
Councilor Chadwick stated that each tree needs to be looked at individually since there
are numerous reasons as to why a property owner may want to have it removed.
Mayor Jennings suggested that the public hearing will give the Council direction as to
whether or not an ordinance should be adopted. He reminded the Council that concerned
citizens brought .this issue to the Council originally and the draft ordinance is an attempt
to address the concerns of those individuals. In regards to permit fees, he realized that a
property owner would incur costs relating to an arborist and tree removal, however, he
has mixed emot~ns on the requirement of an appeal fee. He also reminded the Council
that many cities have some sort of ordinance relating to tree preservation and he agreed
that the 36 inch diameter tree is a fairly large tree to protect in addition to street scape.
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Mayor Jennings ~tated that a question had arisen as to why this issue had not gone before
the Planning Coo/imission and, based on a determination from the City Attorney that this
is not a land use matter, the issue went directly to the Council.
City Attorney Shields clarified this issue in that the Council could either consider it as a
land use matter Qr to consider it as not a land use matter. Legal staff advised the City
Administrator and Council that it not be considered as a land use matter therefore it went
directly to the Council. The Council could still send it to the Planning Commission
however, it would be sent as an advisory matter and not a land use matter.
Councilor Bjellapd suggested that there be some flexibility in the ordinance that would
allow for the rep~acement tree to be something other than the same species that was
removed. He also requested that the references in the draft to a DBH (Diameter at Breast
Height) be associated with a unit of measurement such as inches.
Administrator Btown stated that the draft ordinance provides for the Community
Development Dilrector to work with the property owner in determining which tree species
would be planted as a replacement. It was also noted that replacement trees will be a one
to one replacem~nt, however, the diameter of the new tree will be dependent upon the
size of the tree that was removed. Since the issue was last discussed with the Council, he
had received 3 telephone calls of which 2 callers were definitely against adopting any
kind of an ordinance that went beyond current regulations and one caller was expressing
concern regarding the principle of regulating what a person can do with their property.
The Forester from PGE called last week and expressed concern about the topping
provisions and staff will be providing him with a copy of the draft ordinance that will be
part of the public hearing process so that he can go on record in a more formal manner.
Since the Council would like fee calculations to be made prior to the hearing, he
suggested that the hearing be held at the first meeting in December.
3182 LIQUOR LIC~NSE APPLICATION: WOODBURN SHOP-N-KART.1542 Mt.
Hood Avenue.
FIGLEy/SIFUENTEZ.... approve an off-premise sales liquor license for Bobby Ellis
and Charles Barton at Shop-N-Kart, 1542 Mt. Hood A venue. The motion passed 5-1 with
Councilor Nichols voting nay.
3217 LIQUOR LICENSE APPLICATION: SHARI'S RESTAURANT. 1543 Mt. Hood
Avenue.
FIGLEY/SIFUENTEZ... approve a limited on-premise sales liquor license for Shari's
Management Corporation and Toni Willis at Shari's of Woodburn, 1543 Mt. Hood
A venue. The motion passed 5-1 with Councilor Nichols voting nay.
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3265 CONTRACT A~ ARD: SAN IT ARY SEWER REHABILITATION OF ALLEY
WEST OF FRqNT STREET.
FIGLEY /NICH()LS... award the contract for sanitary sewer rehab for the alley west of
Front Street to the lowest responsible bidder, Emery & Sons Construction, Inc., in the
amount of $52,600.00.
Mayor Jennings questioned if the alley would be resurfaced once the sanitary sewer work
is completed.
Director Tiwari stated that the resurfacing project will be a different project involving a
local improvemelnt district.
The motion to award the contract passed unanimously.
3376 CONTRACT ~WARD: WOODBURN SKATE PARK.
Bids were received from the following contractors: Select Contracting Inc, $177,389.00;
CORP, Inc., $199,500.00; Sheets Construction, $200,169.00; First Cascade Corp,
$246,804.00; A.C.S., Inc., $255,553.00; Milroy Golf Systems, $264,454.00; Emery &
Sons, $270,000.00; and Axis Curb Co., $289,200.00. Staff recommended the acceptance
of the low bid which was below the initial funding projections.
FIGLEYIMCCALLUM... award the contract for Woodburn Skate Park to Select
Contracting Inc., in the amount of$177,389.00. The motion passed unanimously.
3384 POSITION ALJ..OCATION - TEEN SCENE COORDINATOR.
FIGLEY/SIFUENTEZ... allocate a Recreation Coordinator I position as a project
appointment funded through the Woodburn Together OJJDP Drug Free Communities
grant.
Mayor Jennings stated that this position is designated as a project employee and all salary
and benefit costs will be paid for through the grant.
Councilor McCallum stated that he is the President of Woodburn Together and, for the
record, Woodburn Together does not benefit financially nor does any of the officers or
membership from this grant. He reiterated that the grant is a yearly renewable grant for
up to 5 years provided that the project goals and objectives are met.
Administrator Brown stated that this issue will be detailed out to applicants interviewed
for the position and would also be included as a provision in the conditional offer of
employment.
The motion to allocate the position passed unanimously.
3699 POSITION VACANCIES AND TERM EXPIRATION ON BOARDS AND
COMMISSIONS.
Mayor Jennings reported that there are two positions on the Budget Committee with a
term expiration date of December 31, 2002; one vacancy on the Planning Commission
with the election of Jim Cox to the Council with a term expiration of December 31, 2003,
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and two positions on the Commission with a term expiration date of December 31, 2002;
three positions on the Recreation & Park Board with a term expiration date of December
31, 2002; and two positions on the Library Board with a term expiration date of
December 31, 2002.
Mayor-elect Figley stated that she would like to encourage interested citizens to complete
a cover letter and application form and submit it to her for consideration. She stated that
some of the current members have indicated that they would like to be re-appointed,
however, there ate still several openings that need to be filled. Applications are available
through the City Administrator's office at City Hall.
3922 PUBLIC HEA~NG: CONTINUATION OF HEARING ON SUBDIVISION
APPLICATIO!'f NO. 02-03: WOODBURN CREST ESTATES MOBILE HOME
PARK.
Mayor Jennings opened the continued public hearing at 8:03 p.m. and stated that the
Council is being asked to once again continue the hearing until November 25,2002 so
that the attorneys can work on an agreement.
FIGLEY /MCCALLUM... continue the public hearing for Subdivision 02-03 to the
November 25, 2002 City Council meeting. The motion passed unanimously.
4009 NEW BUSINESS.
A) Constituent Request:
Councilor Figley stated it had come to her attention this summer that some constituents
had an interest in honoring Mayor Jennings in a way that was quite tangible and
appropriate. In particular, her constituents had discussed the possibility of naming the
new Skate Park after Mayor Jennings. She had staff research the issue of naming a
facility after a living person, and as a result, found that there were no restrictions.
Evan Thomas, President of the Skate Park Committee, read into the record a letter of
appreciation to individuals and organizations that worked towards making the project a
reality. In the letter, he also expressed the Skate Park Committee's support for naming
the Skate Park after Mayor Jennings. Also in attendance at the meeting lending his
support for the naming of the facility was Skate Park Committee Secretary Fred
Muroviov.
Councilor Figley suggested that naming the park after Mayor Jennings is tangible token
of appreciation that has a great deal of meaning to the Mayor.
FIGLEYINICHOLS... Skate Park be named as the Richard Jennings Skate Park. The
motion passed unanimously.
4421 PLANNING C MMISSION I ADMINISTRATIVE LAND USE ACTIONS.
A) Partition #0 -01: Director Mulder's administrative approval to divide a residential
property into two lots (property located at 1820 E. Hardcastle Ave).
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B) Residential A.rchitectural Standard Substitution #02-01: Director Mulder's
administrative approval to allow three alternate architectural elements to substitute for
two required arcbitectural standards (1222 Roy A venue).
Mayor Jennings questioned if the partition involves the same property that had been
before the Council previously and the request at that time had been denied by the Council.
Since the Director was not present at the meeting to answer questions on this issue, he
requested that this action be called up by the Council for review.
FIGLEY/SIFUICNTEZ... Partition #02-01 be reviewed by the Council.
City Attorney Shjields stated that Council action to bring the matter up for review will
hold the administrative action in abeyance until a final decision is made.
The motion passed unanimously.
4663 MAYOR AND ~OUNCIL REPORTS.
Councilor Chadwick stated that her opponent, Jim Cox, did win the election for
Councilor in Ward IV and she has found that her 8 years on the Council, in addition to the
serving on the Library Board, Budget Committee, and RSVP Council, has been a
fulfilling experience for her in taking part in the City government. She plans to continue
to stay active in Woodburn City government and looks forward to the future.
Councilor Sifuentez stated that she had attended the League of Oregon Cities Conference
and the biggest issue under discussion related to the Public Employees Retirement
System (PERS) and pending legal actions to protect local governments. The League is
also planning on bringing before the legislature a bill to give cities more time to review
liquor license applications and to allow cities to recommend the granting or denial of
licenses. President Bush had also sent a representative to the conference who listened to
the issues affecting Oregon and he solicited ideas from the attendees that could be taken
to the President. Overall, she felt that the conference was very educational.
She also reminded the public that the Mayor's Roast will be held on Friday, November
151\ at St. Luke's Rubis Hall. Tickets can be purchased in advanced at the City
Administrator's Office or they can be purchased at the door. Proceeds from this event
will benefit a local charity.
Councilor Bjelland questioned the status of the Hermanson Park Wetland Mitigation
Project.
Asst. City Engineer David Torgeson stated that he had spoken recently to Paul Sedorak
on this issue and, due to delays from other agencies having jurisdiction over this project,
the work will not commence until next summer when the ground dries out to where there
is minimal damage to the soil.
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Councilor Bjelland stated that he was under the impression that they were delaying the
project until the wet season began so that anything planted would be established but now
they are looking ~t the summer months when plants need more water to survive.
Councilor Bjelland stated that at the last MW ACT meeting, there was some minimal
discussion on the sidewalk project along Highway 214 near the high school.
Administrator Brown stated that it has been about 6 weeks since staff discussed this issue
with 0001' staff and it was the City's desire to get approved plans back from 0001' so
that the project cpuld be put out for bid. The last bid on this project was considerably
higher than the ef;timate. It had been agreed that the City would continue to work on the
design and the two bids would be rolled together in the hope of getting a lower bid. Staff
is also attempting to obtain a funding agreement with ODOT to lock in contributions
from all parties. 0001' project funds involve the availability of funds in the Preservation
Project which will extend to Mt. Angel. It was noted that there has not been a final
commitment from the School District to contribute to the sidewalk project and it is
unknown as to whether or not any funds are available in their capital budget.
Asst. City Engineer Torgeson stated that he learned today that ODOT now believes that
they do not have sufficient funds available for the entire Preservation Project. At this
time, they are looking at starting the project in Mt. Angel and going west to Woodburn.
Therefore, there may not be funds for the sidewalk project.
Administrator Brown stated that, as of today, the City does not have sufficient funds to
make up the difference not paid by the State when in fact the State should be paying for a
much larger share of the costs since it is an improvement being built on the State
Highway system.
Councilor Bjelland stated that he would like to look into this issue further since
Woodburn deserves to get its reasonable share of funding.
Mayor Jennings stated that he would be pursuing this issue with local state
representatives if funds do not become available since it was told to the Woodburn
citizens that this sidewalk project would be completed and the City cannot pick up the
entire project cost.
6526 Councilor McCallum thanked Councilor Bjelland for his work on these transportation
issues. He also congratulated the Woodburn Fire District on their successful bond
election even though there are approximately 400 ballots yet to be counted once
signatures are verified. He also congratulated the Woodburn High School Soccer team
for their victory over Jesuit High School last week. Woodburn did lose in their quarter-
final game, however, what they accomplished was fantastic and they deserve recognition.
Councilor Figley thanked the voters who elected her as Mayor and she congratulated
Councilor McCallum, Jim Cox, and Anthony Veliz. She also thanked Councilor
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Chadwick for he~ eight years of hard-working service to the community.
She stated that she had attended a portion of the League of Oregon Cities conference and
she had found that the networking opportunities were very interesting and productive.
She has made tentative plans with Mayors from surrounding communities to meet and
discuss issues that affect all of them.
Tape 2
She reported that she and Administrator Brown had attended an informational
presentation put on by the City of Portland regarding their proposed buyout of Portland
General Electric. She will be attending a follow-up session at Portland State University
next Tuesday wh~re representatives from different public/private utilities will be speaking
about the options available.
Councilor McCallum reminded the Council that at the Chamber Forum next week the
guest speaker wiU be Fred Miller from Portland General Electric.
Councilor Nichols congratulated the new Mayor and Councilors elected into office.
He also distribut~d a flyer inviting the public to attend a Shakespeare Program put on by
the Home Schoolers. The program will be held on November 16th at 1 :00 pm and 4:00
pm with ticket prices being $4.00. This program will be held at the Church of the
Nazarene.
Mayor Jennings complimented the Public Works Director for the flying of the flag at the
Public Works Annex which shows respect and our support to our country.
He also stated that he was disappointed that the Community Center levy did not receive
voter approval but was thankful that the Fire District levy passed.
He felt very honored that the Skate Park has been named after him. The groundbreaking
will be held on November 23rd which also happens to be his birthday.
Lastly, he thanked Councilor Chadwick for all of the time she has given as a Councilor
and in representing the residents within her Ward.
0397 EXECUTIVE SESSION.
Mayor Jennings entertained a motion to adjourn to executive session under the authority
ofORS 192.660(l)(e) and ORS 192.660(1)(t).
FIGLEY /NICHOLS.... adjourn to executive session under the statutory authority cited
by the Mayor. The motion passed unanimously.
The Council adjourned to executive session at 8:40 p.m. and reconvened at 8:54 p.m..
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READING
0416 Mayor Jennings l>tated that no decisions were made in executive session.
FIGLEYIMCC~LLUM... authorize the City Administrator to execute a property
donation agreement with Hazel M. Smith, Trustee of the Hazel M. Smith Revocable
Living Trust, on a portion of parcel called tax lot 4100 located in the 300 block of South
Settlemier Street The motion passed unanimously.
0465 ADJOURNME]~T.
FIGLEY/SIFU~NTEZ... meeting be adjourned. The motion passed unanimously.
The meeting adj<j>urned at 8:55 p.m..
APPROVED
RICHARD JENNINGS, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 11 - Council Meeting Minutes, November 12, 2002
11
r
Executive Session
COUNCIL MEETING MINUTES
November 12, 2002
DATE. CONFERENCEiROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF dREGON, NOVEMBER 12, 2002.
CONVENED. The Council met in executive session at 8:42 p.m. with Mayor Jennings presiding.
ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Jennings
Bjelland
Chadwick
Figley
McCallum
Nichols
Sifuentez
Present
Present
Present
Present
Present
Present
Present
Mayor Jennings reminded the Councilors and staff that information discussed in executive session is
not to be discussed with tll1e public.
Staff Present: City Adminiistrator Brown, City Attorney Shields, Public Works Director Tiwari,
City Recorder Tennant
The executive session was called under the follow statutory authority:
1) to conduct deliberatio~ with persons designated by the governing body to negotiate real property
transactions pursuant to qRS 192.660(1)(e); and
2) to consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(f).
ADJOURNMENT.
The executive session adjourned at 8:52 p.m..
APPROVED
RICHARD JENNINGS, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 1 - Executive Session, Council Meeting Minutes, November 12, 2002
12
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8B
MINUTES
MONTHLY M~ETING OF WOODBURN PUBLIC LIBRARY BOARD
DATE:
ROLL CALL:
November 13, 2002
Phyllis Bauer
Marie Brown
Arqis Knauf
Kay Kuka
- Present
- Present
- Present
- Present
Pat Will - Excused
Vasily Chernishov - Absent
Mary Chadwick - Present
Ex-Officio
STAFF PRESENT: Linda Sprauer, Director
Judy Coreson, Recording Secretary
GUESTS: Beverly Phillips, Children's Librarian
CALL TO ORDER: President Kay Kuka called the meeting to order at 12:05 pm.
SECRETARY'S
REPORT: The monthly Board minutes of October 9, 2002 were approved as submitted.
DIRECTOR'S
REPORT: Mqnthly Statistics: The monthly statistics were self-explanatory. The number
of people visiting the library for the month of October was 17,783. Linda
distributed a graph showing the number of people per month visiting the library
from April 2000 to October 2002.
Activities: A list of activities was distributed to the Board. Barbara Blossom
Ashmun, a noted Northwest gardening author, will present a lecture and slide
shOw on Sunday, November 17, at 2 pm in the City Hall Council Chambers.
Spanish Storytime on Tuesdays at 6:30 pm, Infant/Toddler Storytime on
Tuesdays at 10:30 am and Preschool Storytime on Wednesdays at 10:30 am
are very well attended. Saturday at the Library continues with the various
activities. The library was closed Monday, November 11 , for Veterans' Day and
will close Thursday and Friday, November 28 and 29, for the Thanksgiving Day
Holiday. The Kids Book Club meets on Monday, November 18, at 9:30 am and
the Teen Club meets Thursday, November 21, at 6:30 pm. Computer classes
continue on Saturday mornings at 9 am.
Volunteer of the Month: A teenager, Judith Marquez, was chosen Volunteer of
the Month for November.
Grants: Beverly Phillips, Children's Librarian, reported on the grant of $350 from
the Ezra Jack Keats Foundation. Beverly is scheduling a "Snowy Day"
workshop in January with a display of Ezra Jack Keats' works, poster,
bookmarks and window paintings of illustrations in his book, "Snowy Day."
Each child participating in the window painting will receive a paperback copy of
the book.
Latino Culture with Oregon Folklife Program: In October there were activities
in library park, craft demonstrations in the Youth Services area, and a display
in the library.
1
13
T
Gates Grant: Dan Peterson, Assistant Library Director, will attend training forthe
server on the first of December.
Staff: Connie Constante was hired for the full-time Library Assistant position.
The full-time Reference Librarian position was filled by Christine Mackie.
Library Board Position Opening: The Mayor appointed Vasily Chernishov as the
student library board member. Phyllis Baurer resigned effective December 1
leaving one year of her term vacant. A replacement has not been appointed for
the four-year term vacated by Barbara Pugh. President Kay Kuka expressed
appreciation to Phyllis Bauer and Council Person, Mary Chadwick, for serving
on the library board.
BOARD REPORTS Linda and the Library Board visited West Linn, Beaverton and
Wilsonville Public Libraries on Saturday, October 26. Next they plan to visit
Sil\(er Falls District Library, Monmouth Public Library and Stayton Public Library
on Saturday, January 25, 2003. On Tuesday, December 3, the Library Board
will meet from at 3:30 pm at the library to discuss the libraries they have already
visited.
Kay Kuka reported on Spanish Storytime that is presented by Library Assistant,
Connie Constante. At the December monthly meeting, reports will be given by
Ardis Knauf on acquisitions and Marie Brown on the Youth Services.
OLD BUSINESS:
Discussion of changing the library board meeting date and time will be
postponed until after the two new board members will be appointed.
NEW BUSINESS:
Minutes of the September Friends of the Library meeting was given to the
board. The next meeting is scheduled for Monday, December 2 in the Carnegie
Room. Board members were encouraged to attend or join the Friends of the
Library.
On Friday, November 15, from 9 to 11 am, the Teleconference "Building
Another Bridge: Equal Acess to Technology for Special Populaltions" will be
presented at Chemeketa Community College in Salem. This is part of the
"Soaring to Excellence Teleconference Series.
"Perspectives on Iraq" programs are scheduled for Monday, November 18, 25
and December 2 from 1-3 pm in the Multi-Purpose Room at the library. The
programs are sponsored by the Chemeketa Center for learning in Retirement.
BUSINESS TO/FROM
THE CITY COUNCIL
AND/OR MA VOR: None
ADJOURNMENT: The meeting was adjourned at 12:45 pm.
Respectfully Submitted,
o .--1", CtrU~r-.-J
Jed; C6reson
Recording Secretary
Library Board Minutes - 11/13/02
2
14
T
8e
WOODBURN PLANNING COMMISSION
October 24, 2002
CONVENED The PlanninQ Commission met in a regularly scheduled session at 7:00 p.m. with Vice
Chairperson Lima presidilng.
ROLL CALL
Chairperson
Vice Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Cox
Lima
Young
Grosjacques
Mill
Bandelow
Lonergan
A
P
P
P
P
P
A
Staff Present:
Jim Mulder, Community Development Director
MINUTES
A. Woodburn Planni~a Commission Minutes of September 26, 2002.
Commissioner Mill moved to accept the minutes as printed. Commissioner GrosjacQues seconded the
motion, which unanimously carried.
BUSINESS FROM THE AUDIENCE
COMMUNICATIONS
A. City Council Minutes of September 9, 2002 and September 23, 2002.
B. Administrative aPDroval of Desian Review 02-07.988 SQ. ft. addition to the north and east side
of the buildina located at 1002 N. Boones Ferry Rd., Leaacv Clinics. applicant.
Commissioner Mill commented he reviewed the plans and stated it essentially looks like they are filling in an
open rough area. Additionally, he stated he would not see that it would necessarily have a negative impact
on the surrounding area which is mostly industrial and office use only. He remarked he personally does not
see any reason to call this up for a public hearing.
Staff reminded the Commission under the new Development Ordinance administrative approvals can only be
appealed to the City Council. He indicated he placed this item under communications to provide it to the
Commission as information. Staff further explained the Commission no longer has to accept Staffs decision
nor do they have the ability to call it up for a hearing. In order to call it up for a hearing it would have to be
appealed to the City Council by any party. Additionally, he explained the trade off for this was to reduce
administrative review from 4,000 sq. ft. down to 1,000 sq. ft. and that it would not come to the Planning
Commission at all.
Commissioner Mill questioned why even put this on the agenda if this is completely within Staffs jurisdiction?
Staff replied it is provided as a communication item and is only for informational purposes to keep the
Planning Commission updated as to what is going on.
PUBLIC HEARING
A. Subdivision 02-02. request to subdivide 76.78 acres into 14 lots located south of Stacv Allison
Way and Walmart. ,",orth of the south cltv limits. west of Harvard Drive and east of Interchanae
5. Capital DeveloPjment Co., applicant (Continue hearina to November 14. 2002 meetlna at
applicant's reaueslt).
Planning Commission Meeting - October 24. 2002
Page I of 3
15
T
Commissioner Younq moved to accept the applicant's request for continuance to November 14, 2002
Planning Commission meeting as evidently they are needing more time to bring their project forward. Motion
was seconded by Commis~ioner Grosjacques. Motion unanimously carried.
ITEMS FOR ACTION
None
DISCUSSION ITEMS
None
REPORTS
A. Buildin~ Activity ~or September 2002
B. Plannin~ Project TrackinQ Sheet (revised 10-10-02)
Commissioner Mill referred to PLA 02-03 and inquired if this is to allow them the larger area that they have
talked about?
Staff responded affirmatively. He stated this would be located on the west side adjoining the stem of their flag
lot. This would allow therp to widen out their driveway on their property and it allows for the cul-de-sac
turnaround at the end of SMenandoah Lane. Staff further commented he deemed their Site Plan complete
today and will be noticing it for the November 14th hearing. Staff also reported there will obviously not be a
meeting held on Thanksgiving. However, we may need to have a special meeting either the week before or
the week after Thanksgivingdepending on what occurs November 14th. He explained if the Commission takes
action and approves one or lJoth of the projects on the 14th, we would rather not wait a month before we come
back with the Final Order. He requested the Commission look at their schedules to see what works better,
either the week before Thanksgiving or the week after.
There was a consensus by the Commission that the week before Thanksgiving would work best.
Commissioner Grosjacques interjected he will be gone the month of November.
BUSINESS FROM THE CqMMISSION
Commissioner YounQ repor1ed former Mayor, Councilman and Planning Commissioner, Walt Lawson, replied
with a "Thank You" note to the Commission for the "Thinking of You" card and puzzle that was sent to him.
He commented he is sure that Mr. Lawson worked very hard to make the handwritten note appropriate for the
Commission.
Commissioner Sandelow asked Staff what the projection is for revamping the Sign Ordinance and what are
we doing about what applies to banners? She stated it is worse than it has ever been.
Staff agreed with Commissioner Sandelow and commented the situation will probably remain that way until
we get a new Sign Ordinance that is enforced. However, the problem is the Sign Ordinance, in his opinion,
is too strict because it does not allow any temporary signs of that type which results in out of control signage.
Staff stated Code Enforcement does respond to complaints and they will go out and enforce that but that is
all they are doing at this point. As far as the draft of a new Sign Ordinance, he has been working on that
personally and is about half way through it. However, due to staffing and workload, he has not been able to
work on it lately. He indicated a draft would probably be completed some time in January.
Commissioner Bandelow remarked the difficulty is when we have businesses coming before the Commission
that are being told what they can and cannot do with the signs on their building and now we are looking at this
barrage of signs all over town. She stated it makes it difficult to enforce it for the new businesses when it is
not even enforced with the old businesses.
Planning Commission Meeting - Oerober 24, 2002
Page 2 of 3
16
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Staff stated he has a lot of experience in enforcing Sign Ordinances in different cities. He Indicated it is his
opinion and experience that you have to provide some level of allowance. Any law that says "no" and it does
not seem to be reasonabl~ to the public at large, you are going to get otherwise law abiding people breaking
the law. Additionally, he commented if you give them some sort of alternative, most of the businesses will be
self policing and will follow it.
Vice Chairperson Lima questioned Staff if in his experience he knows of any communities that have Sign
Ordinances that require businesses to have applications in order to display a temporary sign?
Staff responded he revised the Sign Ordinances to address that issue in the last two cities he worked in and
they required a special sign permit. This meant you did have an alternative and could have some limited
temporary sign but you h$d to come in and get an over-the-counter permit at no charge. He indicated the
intention was to make it as simple as possible to make it more likely that they would come in and comply
Staff further stated his experience with both those cities is that it was very effective because they had the
same problems Woodburrtl has where everyone ignored the rules. Additionally, Staff remarked none of these
are any good unless ther~ is a commitment by the City to enforce it, especially initially.
Vice Chairperson Lima asked Staff if he has any idea of when the Sign Ordinance Will be available for review?
Staff replied he optimistically hoped it would be ready before January but at this point he is shooting for the
draft to be ready in January. He explained it will be hard for him to work on it as he is short one staff person
right now and it will probatilly be two months before he has somebody on board. Staff reported they have a
lot of projects going forward right now as far as Transportation Systems Plan update, Periodic Review Grant,
Buildable Lands Inventoryupdate, Housing Needs Assessment and the Marion County Growth Management
Project. He said the bulk Of his time is presently being focused in coordinating all these projects. However,
he has every intention to get the Sign Ordinance revision done as quickly as possible.
Vice Chairperson Lima re(Juested an update regarding the Tree Ordinance.
Staff reported it appears the Planning Commission is out of the loop due to logistical issues. The Council
wanted to get something ~one fairly quickly and a legal opinion was given that taking it through the Planning
Commission and putting it<3s a land use ordinance would make it a land use decision which would be subject
to DLCD Review, Measure 56 notice and potential LUBA appeal. He further explained this would make it a
much longer period of time before it could be adopted and implemented. Therefore, a draft was prepared
and essentially it was just a stand alone ordinance and was not to be part of the Development Ordinance and
the draft went to the City Council at their last meeting. Staff reported it was written extremely strict and the
Council provided their input and made recommendations to modify that and tone it down and focus on the
areas that they thought were most important. Moreover, Staff has been directed to do that and bring it back
to Council.
Commissioner Bandelow asked if the trees she has in her back yard that are four years old would come under
the draft?
Staff replied the draft states that any tree in excess of 5 inches in diameter would require a permit.
Commissioner GrosiacauEjs questioned if it would come under the 5 inch rule if it were required for approval
of the building as part of the landscape?
Staff responded all trees over 5 inches, except for certain selected nuisance type trees, would be regulated.
For regulated trees you would have to apply for a tree removal permit and if you removed it, you would have
to do mitigation. He stated they were bringing the Council what Staff perceived they asked for and the Council
has directed to tone that down.
ADJOURNMENT
Commissioner Grosiacaues moved to adjourn the meeting. Commissioner Mill seconded the motion, which
unanimously carried.
APPROVED
CLAUDIO LIMA, VICE CHAIRPERSON
DATE
ATTEST
Jim Mulder,
Community Development Director
City of Woodburn, Oregon
Date
Planning Commission Meeting - October 24. 2002
Page 3 of 3
17
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24
T
8E
MEMO
TO:
City Council through City Administrato~
Public Works Program Manager A
FROM:
SUBJECT: Water Treatment Project Update
DATE:
November 20, 2002
Progress on the Wate~ Treatment Project is progressing close to the original schedule.
Design work for the treiatment plants and storage reservoirs is approaching 50 percent
complete. The sched~le is for the treatment plants to be fully operational in the
summer of 2005 as originally projected.
The City Council on A4gust 12, 2002 awarded a contract to Jensen Drilling for drilling of
two municipal wells. This was the first bid package for work related to the water
treatment project. Wa~er from these two wells will be treated at the treatment plant
planned for construction on Parr Road adjacent to Centennial Park. Acquisition of the
property for the second well on Settlemier Avenue was approved by City Council on
November 11, 2002. It is anticipated that drilling of both production wells will be
completed by December 31, 2002.
The pipe line alignment to connect these two new wells is being finalized and will be a
part of bid package thr~e which will include the majority of the treatment plant
construction. Bid pac~age two for the well houses at the two new wells and for
construction of a control center to monitor operation of the three treatment plants will be
opened in mid December and will be presented to council for action in January 2003.
To update City Council, staff plans to make a brief (10 to 12 minute) presentation on
the water treatment project in late January or early February 2003. At this time the
water treatment project is moving along according to schedule.
25
I ~
T
WOOD~
- MEMO~DUM
To:
Through:
From:
Date:
Subject:
Mayor and City Council , .;1)
John C. Bro'rn, City Administrato~
Mary Tenna~t, City Recorder ~
November 21~ 2002
Status Update - November 5, 2002 Election
Election results will be certif1.ed by the Marion County Elections office on Monday, November 25, 2002 and
the City will receive the certified tally of votes via mail after that date. Election officials are very close to
completing the certification process and the most recent tally of votes are as follows:
Mayor
Kathy Figley
Write-In votes
3,623
155
Councilor - Ward III
Peter McCallum
Write-In votes
268
8
Councilor - Ward IV
Jim Cox
Mary Chadwick
Write-In votes
804
699
7
Councilor - Ward V
Anthony Veliz
Write-In votes
325
25
95.9%
4.1%
97.1%
2.9%
53.25%
46.29%
.46%
92.86%
7.14%
Measure 24-103: Commun~tv Center General Obli~ation Bond:
Yes Votes
No Votes
1,598
3,133
33.78%
66.22%
26
lOA
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-5246
Date:
November 25, 2002
From:
/7
Mayor and City Council through City Administrator::(/[/
Jim Mulper, Director of Community Development p1
,j
Subdivi$ion Application No. 02-03: A proposal to convert Woodburn
Crest Estates Mobile Home Park into a 45 lot subdivision.
To:
Subject:
Recommendation
Allow the conversion of Woodburn Crest Estates Mobile Home Park into a 43-lot
subdivision pursuant to ORS 92.830 to 92.845 and the applicant's execution of the
Subdivision Conversion Implementation Agreement which was negotiated by staff.
It is recommended that the City Council instruct staff to prepare an ordinance to
substantiate the Coun~i1's decision.
Background
The 2001 Oregon legislature passed ORS 92.830 to 92.845 which generally provides that
the City must approve any application to subdivide a mobile home park notwithstanding
local subdivision regulations which were adopted under the previously existing state law.
This new law has already caused some controversy because it drastically limits the
discretion of cities and could result in situations where serious concerns about subdivision
infrastructure are simply not addressed. It was in an effort to address these infrastructure
concerns and make ORS 92.830 to 92.845 work that staff negotiated the proposed
Subdivision Conversion Implementation Agreement with the applicant.
Decision Making Process
ORS 92.830 to 92.845 states that only the governing body is empowered to make the
subdivision conversion decision. However, on July 11, 2002, the Woodburn Planning
Commission held a public hearing on this matter and made a recommendation to the City
Council. The Planning Commission's recommendation was for denial and was based on
determinations that: (1) the Woodburn Crest Estates Mobile Home Park as not "lawfully
established;" (2) the proposed subdivision changes the original mobile home park site plan;
and (3) the application fails to satisfy the applicable standards and criteria.
Page 1
27
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Subsequent to the Planning Commission's recommendation of denial of the subdivision
application, the applic~nt, city staff and their respective legal counsels began discussions
on how the subdivisiOr1 application could be approved. This was based on a desire by the
applicant to address practical considerations pertaining to the conversion raised by city
staff, and on a perception that a majority of the Planning Commission appeared to be in
favor of allowing the conversion if technical issues and city staff's concerns could be
resolved.
The practical considerations relating to this proposal that city staff require the applicant to
address are as follows:
The existing interior streets, sanitary sewer system, storm system, and water
system in the Woodburn Crest Estates MHP have been constructed as
private S!ystems, not public systems. These facilities were constructed in
accordartlce with state building and plumbing code requirements and not city
standards. If the conversion of the Woodburn Crest Estates MHP to a
subdivision were to be approved, several questions would need to be
answerep regarding the maintenance and operation of the private facilities.
1. Could the City maintain the private street, sewer, storm drainage and
water systems? The property owner currently maintains the private
systems in the mobile home park. The Public Works Department has
commented that the City will not accept maintenance responsibilities
of facilities that do not meet current city standards. It is not good
policy for the City to maintain facilities that do not meet city standards
in that acceptance of substandard facilities may set a precedent for
future development and may cause the City to incur significant costs
relative to maintenance of substandard facilities and may expose the
city to greater liability. However, if the facilities were brought into
compliance with city standards, the City could accept maintenance
responsibility.
2. What improvements would need to be made to bring the private
street, sanitary sewer system, storm system, and water system up to
city standards? The Woodburn Transportation System Plan requires
that a local residential street have a 50 foot right-of-way and 29 foot
paved width. The Public Works Department has standards regarding
the pavement width, slope, structural cross-section, etc. The
applicant's proposed subdivision plan shows approximately 45 feet of
right-of-way. Five feet of right-of-way needs to be added to meet the
50 foot right-of-way requirement. An as-built plan and field
investigation of the existing streets in the Woodburn Crest Estates
Mobile Home Park would need to be provided by the applicant for staff
to determine how the street (width, slope, structural cross-section,
Page 2
28
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etc.) could meet city standards. The existing sanitary sewer and
storm system would need to be inspected and tested to determine the
n$cessary improvements to the system to meet city standards. The
pnivate water system would need to be replaced and individual meters
installed in accordance with Public Works standards in the proposed
subdivision. Information on the sidewalk width and placement as well
a$ street lighting specifications would be needed to determine if these
improvements meet city standards.
3. If the private facilities are not brought up to city standards, could
another entity maintain the systems? A homeowner's association
could maintain the private systems. A few concerns about the
maintenance of the private systems by a homeowner's association are
discussed as follows. If a homeowner's association maintained these
systems, then the homeowners would be responsible for the long-term
operation and maintenance of the private facilities. Expenses arising
from the failure of these systems could be costly and would be
apportioned to the individual property owners. If water service for the
subdivision is provided by a master meter regulated by a
homeowner's association, then the water usage would be divided
eGlually between the homeowners because individual usage could not
be determined. Homeowners who use less water would pay the same
bill as homeowners who use more water. If an individual property
oWner did not pay their bill, then their water service could not be shut
off. If the water system and individual meters met city standards, then
the individual property owners would be responsible for their actual
use of water and the City would maintain the system.
4. If the applicant's subdivision request were to be approved, the number
of lots needs to be addressed because 40 mobile home placement
lots were approved, but the applicant is proposing 45 lots.
5. It is also important that the proposed property lines created through
the subdivision process should not be placed through existing
structures within the mobile home park. The proposed lot line shown
between lots #25 and #26 in the applicant's subdivision plan runs
through an existing garage. The State of Oregon One- and Two
Family Dwelling Specialty Code requires that exterior walls located
less than 3 feet from property lines shall have a fire-resistive rating of
not less than one hour.
Explanation of Staff ~ecommendation
After months of discussions, city staff and the applicant have come to an agreement on
what needs to be done for staff to support the subdivision application. The applicant has
Page 3
29
I ll~
r 1
agreed to execute an agreement that binds the applicant to comply with certain conditions
and complete various improvements to the subdivision deemed necessary by city staff.
Staff believes the co~ditions of the agreement will adequately address staffs concerns
pertaining to the proposed conversion. With this agreement, staff believes the City Council
is in a position to a~prove the subdivision application under the new statute, if it so
chooses.
Supplemental Analyfiis
If the City Council decIdes to approve the subdivision application, new findings pertaining
to the proposals compliance with the approval criteria must be made. A majority of the
Commission appeared to be in favor of the conversion if technical and legal issues could
be resolved.
The approval criteria pertaining to this proposal are as follows:
ORS 92.835 Subdivision of manufactured dwelling park or mobile home park.
Notwithstandin~ the standards and procedures established under ordinances and
regulations adqpted by the governing body of a city or a county under ORS 92.044
or 92.048, wh~n application for approval of the subdivision of a manufactured
dwelling park or a mobile home park is made under ORS 92.040 to the governing
body of a city or county, the governing body of the city or county shall approve:
(1) A tentative plan upon receipt and verification of evidence that:
(a) The park is in compliance with the governing body's
standards for a manufactured dwelling park or a mobile
home park or is an approved nonconforming use. For the
purposes of this paragraph, a park is in compliance if the
governing body of the city or county has not issued a
written notice of noncompliance on July 2, 2001; and
STAFF COMMENT: The Council may find that the existing park is in compliance with
the original park approval because the City did not issue a specific written notice of
noncompliance by July 2, 2001.
(b) The tentative plan does not increase the number of lots,
as defined in ORS 446.003, approved for the park, change the
boundary lines or setback requirements or make other
development changes; and
STAFF COMMENT: The Council may find that the tentative plan complies with this
criterion because increasing the number of lots from 40 to 43 is a small increase that
may be considered in substantial conformance with the original approval and the
tentative plan does notchange boundary lines or setback requirements or make other
development changes,
Page 4
30
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(2) A plat in compliance with the applicable requirements of ORS 92.010
to 92.190, except standards and procedures adopted by regulation or
ordinance under ORS 92.044 or 92.048.
Conclusion
The Planning Commission recommended denial of the subdivision application, but a
majority appeared to i be in favor of approving it if technical and legal issues could be
resolved. City staff anld the applicant have come to agreement on how these technical and
legal issues may be. resolved and the applicant has entered into an agreement that
commits the applican~ to completing all the necessary improvements and complying with
all the conditions that city staff believe are necessary to approve the proposal. If the
Council decides to approve the subdivision conversion application, staff believes affirmative
findings pertaining to the approval criteria can be made.
Attachments:
Attachment A:
Attachment B:
Attachment C:
QRS 92.830 to 92.845
siubdivision Conversion Implementation Agreement
Agreement Letter from Jeff H. Bachrach, Applicant's' Attorney, dated
11/22/02
Planning Commission Final Order, dated 7/25/02
Attachment D:
Page 5
31
T
92.830
;
PROpkRTY RIGHTS AND TRANSACTIONS
ATTACHMENT
Page ---'- of
92.620 [1973 c.421 926; repealed by 1974 c.1 9231
92.625 [1973 c.421 ~30; repealed ~y 1974 c.1 923]
92.650 [Subsection (1) enacted a~ 1973 c.421 99; sub-
section (2) enacted as 1973 c.421 912f8); repealed by 1974
c.1 923]
92.655 11973 c.421 912(1), (2), (;3), (4), (7), (101; re-
pealed by 1974 c.1 9231
92.660 [1973 c.421 02Ui), (6), ($); repealed by 1974
c.1 ~23]
92.665 [1973 c.421 ~13; repealed by 1974 c.1 ~231
92.670 (1973 c.421 S14; repealed by 1974 c.1 ~23]
92.675 [1973 c.421 ~45; repealed by 1974 c.1 ~2:JI
92.685 [1973 c.421 ~34; repealed by 1974 c.1 s2~JI
92.690 [1973 c.421 935; repealed by 1974 c.1 ~231
92.695 [1973 c.421 S36; repealed by 1974 c.1 ~231
92.700 [1973 c.421 S37; repealed by 1974 c.1 9231
92.710 [1973 c.421 938; repealed by 1974 c.1 ~23]
92.715 [1973 c.421 s41; repealed by 1974 c.1 s23J
92.720 [1973 c.421 S39; repealed l;>y 1974 c.1 s23]
92.725 [1973 c.421 s40; repealed ~y 1974 c.1 s23]
92.745 (1973 c.421 SS5, 43; repealed by 1974 c.1 923]
92.750 [1973 c.421 s15; repealed by 1974 c.1 s23]
92.755 [1973 c.421 S31; repealed by 1974 c.1 s23]
92.760 [1973 c.421 S44; repealed by 1974 c.1 s23J
92.765 [1973 c.421 S28(2); repealltd by 1974 c.1 S23]
92.770 [1973 c.421 Sll; repealed by 1974 c.1 s23J
92.775 [1973 c.421 S29; repealed by 1974 c.1 s23]
92.780 (1973 c.421 s46; repealed by 1974 c.1 S23]
92.785 (1973 c.421 947; repealed by 1974 c.1 923]
92.800 [1973 c.421 942; repealed by 1974 c.1 923]
92.805 [1973 c.421 933; repealed by 1974 c.1 923]
92.810 [1973 c.421 932; repealed by 1974 c.1 923]
92.820 [1974 c.1 921; 1977 c.41 91; renumbered 92.339]
SUBDIVISION IN MANUFACTURED
DWELLING pAAK OR
MOBILE HOME PARK
92.830 Definitions for ORS 92.830 to
92.845. As used in ORS 92.830 to 92.845, un-
less the context requires otherwise:
(1) "Lot" has the meaning given that
term in ORS 92.010.
(2) "Manufactured dwelling" has the
meaning given that term in ORS 90.100.
(3) "Manufactured dwelling park" and
"mobile home park" have the meanings given
those terms in ORS 446.003.
(4) "Person" has the meaning given that
term in ORS 9-2.305. (2001 c.711 ~I]
Note: St'ction 7, chapter 711. Ore~on Laws 2001,
provides:
Sec. 7. St'ctions 1 to ;; of this 200 I Act [92.8:lO to
92.845( and till' amendmt'nts to O!{S 92.427 by section (;
of this 2001 Act apply to a manufactured dw~lling park
or a mobile home park lawfully established before tht'
ctrective date of this 20lH Act (July 2, 20011. (2001 c.711
~71 -
Note: 92.8:JO to 92.84;; were l'n,~cted into law by the
Legislative Assembly but were not .-dded to or made a
part of OHS chapter 92 or any series therein by legis-
lative action. S,'(' I'refac(' to ()n'g~H1 Hevisl'd Statutes
for further explanation.
Title 10
92.832 Policy. The Legislative Assembly
finds:
(1) There is a need to create a mech-
anism for owners of manufactured dwellings
in existing manufactured dwelling parks and
mobile home parks to acquire individual
ownership interest in the lot on which the
dwelling is located;
(2) The creation of an individual owner-
ship interest should not impose an undue fi-
nancial burden on the owner of a park; and
(3) The public interest is furthered by
regulating the promotion, subdivision and
sale of individual ownership interests in the
lots in a park to ensure that local jurisdic-
tions do not place unreasonable constraints
on the conversion of an existing park into a
subdivision. [2001 c.711 92]
Note: See notes under 92.830.
92.835 Subdivision of manufactured
dwelling park or mobile home park. Not-
withstanding the standards and procedures
established under ordinances and regulations
adopted by the governing body of a city or a
county under ORB 92.044 or 92.048, when
application for approval of the subdivision of
a manufactured dwelling park or a mobile
home park is made under ORB 92.040 to the
governing body of a city or county, the gov-
erning body of the city or county shall ap-
prove:
(1) A tentative plan upon receipt and
verification of evidence that:
(a) The park is in compliance with the
governing body's standards for a manufac-
tured dwelling park or a mobile home park
or is an approved nonconforming use. For
the purposes of this paragraph, a park is in
compliance if the governing body of the city
or county has not issued a written notice of
noncompliance on July 2, 2001; and
(b) The tentative plan does not increase
the number of lots, as defined in ORS
446.003, approved for the park, change the
boundary lines or setback requirements or
make other development changes; and
(2) A plat in compliance with the appli-
cable requirements of ORS 92.010 to 92.190,
except standards and procedures adopted by
regulation or ordinance under ORS 92.044 or
92.048. 12001 c.711 ~31
Note: See notes under 92.830.
92.840 Sale of subdivision lots in man-
ufactured dwelling park or mobile home
park; offer to sell lot to tenant; improve-
ment or rehabilitation of park proposed
for subdivision. (1) Notwithstanding the
provisions of ORS 92.016 (1), prior to the ap-
proval of a tentative plan, the declarant may
negotiate to sell a lot in a manufactured
dwelling park or a mobile home park for
Page 100
(2001 Edition)
T
A
d-
3~'
ATTAC~~ENT (A.
SUBDIVISIONS AND PARTITIONS Page of CA 9a.900
which approval is required under ORS 92.830
to 92.845.
(2) Prior to the sale of a lot in a park,
the declarant shall offer to sell the lot to the
tenant who (Jccupies the lot. The offer re-
quired under this subsection:
(a) Terminates 60 days after receipt of
the. offer by the tenant or upon written re-
JectIOn of the offer, whichever occurs first'
and '
(b) Docs not consti tu ( e a notice of tenn i-
nation of the tenancy.
(3) The declarant mav not sell the lot to
a person other than the' tenant for GO days
after termination of the offer required undt'r
subsection (2) of this section at a price or on
terms that are more favorable to the pur-
chaser than the price or terms that were of-
fered to the tenant.
(4) After the park has been submitted for
subdivision upder ORS 92.830 to 92.845 and
until a lot is offered for sale in accordance
with subsection (2) of this section the
declarant shall notify a prospective t~nant
in writing, prior to the commencement of th~
tenancy, that the park has been submitted
for subdivision and that the tenant is entitled
to receive an offer to purchase the lot under
subsection (2) of this section.
(5) The declarant may not begin im-
provements or rehabilitation to the lot dur-
ing the period described in ORS 90.630 (5)
without the permission of the tenant.
(6) The declarant may begin improve-
ments or rehabilitation to the common prop-
erty as defined in the declaration during the
period described in ORS 90.630 (5).
(7) Nothing in this section prevents the
declarant from terminating a tenancy in the
park in compliance with ORS 90.630, 90.632
and 90.635. However, the declarant shall
make the offer required under subsection (2)
of th.is section to a tenant whose tenancy is
termmated after approval of the tentative
plan unless the termination is for cause un-
der ORS 90.400, 90.630 (1) or (12) or 90.632.
[2001 c.711 ~4]
Note: See notes under 92.830.
Title 10
I ,r
92.845 Relationship of subdivision in
manufactured dwelling park or mobile
home park to planned community stat-
utes and series partition statutes; system
development charges prohibited. (I) A
subdivision created in a manufactured dwell-
ing park or mobile home park under ORS
02.830 to 92.845:
(a) Is subject to ORS 94.55() to 94.783; and
(b) May not he subJect to system devel-
opment charges or other similar charges thal
are based on approval of the subdivision.
(2) The declarant of a subdivision under
ORS 92.830 to 92.84f'i shall comply with the
applicable provisions of ORS 92.305 to 92.49:)
1200] elll ~;)l
Note: Sl'l' notes un,kr 92)nO
PENAL TIES
92.990 Penalties. (1) Violation of any
provlSlOn of ORB 92.010 to 92.090, 92.100 and
92.120 to 92.170 or of any regulation or ordi-
nance adopted thereunder, is punishable
upon conviction, by a fine of not less tha~
$50 nor more than $500 or imprisonment in
the county jail for not less than 25 days nor
more than 50 days, or both.
(2) Any person who violates any of the
provisions of ORB 92.325 (1), 92.345 to 92.365,
92.405 (1), (2) and (3), 92.425, 92.433, 92.460 to
92.475 and any alternative requirements of
the Real Estate Commissioner prescribed
pursuant to ORS 92.425 (3), not waived by
the commissioner pursuant to ORS 92.395, or
who provides false information or omits to
state material facts pursuant to ORS 92.337,
shall be punished by a fine not exceeding
$10,000, or by imprisonment in the custody
of the Department of Corrections for a period
not exceeding three years, or in the county
jail not exceeding one year, or by both such
fine and imprisonment. [Amended by 1955 c.756
~20; subsection (2) enacted as 1963 c.624 ~20; 1965 c.584
~12; 1973 c.421 ~48; subsection (2) (1973 Replacement
Part) enacted as 1973 c.421 ~10; subsection (3) (1973 Re-
placement Part) enacted as 1973 c.421 ~49; subsections
(2), (3) (1973 Replacement Part) repealed by 1974 c.l ~23;
subsectIOn (2) (1974 Replacement Part) enacted as 1974
c.1 ~22; 1975 c.643 ~21; 1977 c.809 ~14; 1987 c.320 *141
Page 101
(2001 Edition)
l'
ATTACHMENT {J
Page -L. of.=!t=:
SUBDIVISION CONVERSION IMPLEMENTATION AGREEMENT
THIS SUBDIVISION qONVERSION IMPLEMENTATION AGREEMENT ("Agreement') is
between Jerry M. Jenniqgs, the owner of the Woodburn Crest Estates Manufactured Home Park
("Owner"), and the City of Woodburn, an Oregon Municipal Corporation ("City"), and is
effected as of the _ day of December 2002.
Recitals
A. Owner owns the Woodburn Crest Estates Manufactured Home Park, located on Molalla
Road (Highway 211) in Woodburn, Oregon (the "Park"). Currently, approximately 12 lots in the
Park are occupied by manufactured homes.
B. Pursuant to Ord~nance No. 2162, issued in November 1995, the City approved the
development of the Park.
C. Pursuant to ORS 92.835, Owner has applied to the City for approval to convert the Park
to a subdivision in order to be able to sell fee simple lots to the current occupants of the Park and
to other interested parti~s. The subdivision conversion application (City File No. 02-03), was
filed with the City on o~ about May 7, 2002. ORS 92.835 requires the City to approve, under
certain circumstances, the conversion of a manufactured home park to a subdivision.
D. The parties hereto desire to set forth herein the conditions and terms pursuant to which
the City shall approve the conversion of the Park to a subdivision (the "Subdivision"), and
pursuant to which Owner shall prepare and submit the final plat for the approved subdivision.
NOW, THEREFORE, based on the mutual consideration stated herein, the parties agree that the
City shall accept and approve a final plat for the Subdivision based on the following:
A2reement
1 Approval. Consistent with the terms and conditions of this Agreement, including the
tentative plat attached hereto as Exhibit A, the City shall approve the conversion of the Park to a
subdivision and shall accept and approve the final plat for the Subdivision. Owner agrees to
prepare and submit a final plat for the Subdivision in conformance with the terms and conditions
of this Agreement, including Exhibit A.
2 Lots and Open Space. The final plat shall contain no more than 43 lots intended for
occupancy by manufactured houses. The open space area designated on the tentative plat shall
be identified as a separate tract on the final plat, and shall be utilized as passive open space and
planted with grass by the owner. The Homeowner's Association may convert the tract to another
type of open space or recreational use.
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ATTACHMENT ~)
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3 Street Sidewalk and Storm Sewer Systems.
3.1 The existing street, sidewalk and storm sewer systems within the park have been
constructed and approvep as private (not public) systems. All of these systems shall remain
privately owned and maintained. The City will not assume any public ownership or liability for
maintenance or claims of damages arising from the failure of these systems. A Homeowner's
Association shall be created and shall be responsible for the operation and maintenance of these
systems.
3.2 The existing private street serving the park shall be dedicated to the Homeowner's
Association for maintenance and tax purposes. Each lot created shall be granted a legal access to
the property.
4. Water System.
4.1 The exist~ng water system serving the site includes both public and private lines.
The City has an existing!8" diameter water main traversing through the property, providing fire
protection and one mast~r meter for domestic service. The Owner has installed a private water
system through the park providing service to each individual site. This system does not meet
city standards and will nbt be accepted or maintained by the City.
4.2 The Owner shall convert the water system to a public system prior to approval of
the final plat and the CitY shall accept and maintain the system. In accordance with city
standards and specifications, the Owner shall replace the existing private system with a 6"
diameter looped water main. The Owner shall install domestic service to each lot from either the
existing 8" diameter water main or the 6" diameter water main to be installed. Owner anticipates
establishing services to each lot with a connection from the interior looped water main to be
installed, however, if it is necessary to extend taps from the existing 8" water main, then that
work will be done by the City and a reimbursement fee for that work shall be paid to the City by
the Owner.
4.3 The plans for the water system improvements described in Section 4.2 shall be
prepared by a Registered Engineer in accordance with city standards and specifications and shall
be submitted to the City's Public Work Department for review and approval prior to
commencement of the work. The City shall inspect the water system improvements prior to
accepting the improvements for public ownership, and the Owner shall pay appropriate
inspection fees to the City. The inspection fees shall be determined based on existing city
regulations and ordinances.
5 Sanitary Sewer System. The existing sanitary sewer system within the Park has been
constructed as a private $ystem. The system may conform to current city standards and
specifications. The City will conduct the necessary testing to verify that it meets city standards.
If the system is found to meet city standards, it will be accepted and maintained by the City. If
the system is found not tp meet standards, the Owner shall correct the deficiencies necessary to
Page 2 - SUBDIVISION CONVERSION AGREEMENT
35
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ATTACHMENT -1?
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bring it up to public standards and thereby qualify the system for acceptance by the City prior to
approval of the final plat
6 Public Easements.
6.1 The Owner shall convey to the City easements for those utility lines and facilities
located on private property that are to be accepted and maintained by the City. Except as
provided below, the minimum width for the utility easements shall be 16' for each facility.
Where multiple facilities are located within a single easement, the City may require a greater
width.
6.2 The new 6" water line to be installed by the Owner, as provided for in Section
4.2, may be located within a public easement extending 2' on the interior side of the private
street and extending ovet the entire width of the street.
7 Homeowner's A~sociation. The Owner shall submit a copy of the Homeowner's
Association agreement ahd/or bylaws, and a copy of the subdivision's CC&R's, including
provisions for maintenance of private facilities, for review and approval of the City prior to City
approval of the final pla4 The Homeowner's Association shall maintain all private common
facilities, including streets, open space, and tot lots.
8 Manufactured Homes. Development on individual lots shall be limited to manufactured
homes (no site built homes permitted) with site built or manufactured accessory buildings. Such
development shall comply with the procedures ofWDO Section 5.101.01, except that the
standards and criteria applicable to such development shall be limited to those contained in
WDO Section 2.203.1587,8,9,12, and 16 (Manufactured Dwelling Park), and Section 2.203.16
(Manufactured Home on a Lot).
9 Landscaping and Fencing.
9.1 The sections of street right of way on June Way and Highway 211 between the
sidewalks and the subject property shall be landscaped prior to City approval of the final plat. At
a minimum, the landscaping shall be planted in accordance with WOO Section 3.106.03.A.1.
9.2 A minimum five foot high uniform solid wood fence and/or masonry wall shall be
constructed around the entire perimeter of the subject property prior to City approval of the final
plat. A fence/wall plan shall be submitted to the Community Development Department for
approval prior to construction.
10 Completion of Roadways. The final lift of asphalt on the streets within the Subdivision
shall be completed at the earlier of the time 75% of the lots within the Subdivision are occupied
or within 12 months of the date the final plat is recorded.
11 Garage on Lots 125 and 26. Prior to City approval of the final plat, the garage shown as
crossing the proposed lot in between Lots 25 and 26 shall comply with the One- and Two-Family
Dwelling Specialty Code relating to a common wall on a property line.
Page 3 - SUBDIVISION CONVERSION AGREEMENT
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ATTACHMENT t>
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12 Setbacks. Any structure (home, garage, carport, shed, etc.) with a wall less than 3' from
a property line shall be required to have that wall constructed in compliance with the One- and
Two-Family Dwelling Specialty Code.
OWNER:
CITY:
City of Woodburn
Jerry M. Jennings
By:
Its:
Page 4 - SUBDIVISION CONVERSION AGREEMENT
37
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PlIIlhttlu, Oregnl1 97209
(503) 222-4402
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JlIPl'lI, DACIlRACII
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JOliN C.I'INKSTAW
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PAUl. I). SCHill.'!''!,
WILUAM J. S1'ALNAKBR
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ATTACHMENT
Page i. of
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p
November 22, 2002
VIA F-1CSIMILE
N. Robicrl Shields
I
City of Woodburn
270 Mc)ntgomcry Street
Woodburn, OR 97071
Rc: Woodburn Crest Estates/Subdivision 02.03
Subdivisioll Conversion Jmplemenlulion Agreement
Dear B~)h:
following up on our recent phone conversation thiN letter iN to confirm thal, on
behalf q.f my client. Jerry Jennings. he is willing to sign the Iftst version of the
SubdivIsion Conversion Implementation Agreement that you faxed to my offiee at
the cndiofthc day yesterday (1'hursday). Hopefully, the City Council will agree that
approving the suhdivision conversion based on the Agreement is a fair compromise
and a A90d decision for all parties involved. If you need U!l to do anything el!le in
advan~ of the hearing Monday night, please let me know.
Very truly yours,
4~~V\
cc: J~rry Jennings
O:\irc\I\CQU\ihbVcnnlnet\shlcld.I.12,wpd
-.-^Il~ Admitted 'I'o r.._cticc I" W..llinSLclfl ""AI", Adlllit-~....i To Pr_Clicc In California
".Also .c1ntilll't1 to I'r,('I;,,,, in Uuh "***Allo Admittwlu l'UCli"-t in N.w J.rscy
38
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ATTACHMENT :;
Pago -L of A.~lIh/" A"
IN THE PLANNING COMMISSION OF WOODBURN, OREGON
SUBDIVISION 02-03
FINAL ORDER
WHEREAS, a re<jluest was made to the Planning Commission to hear a proposal to
subdivide the existing Woodburn Crest Estates Mobile Home Park (MHP) into 45 lots
pursuant to ORS 92.835. and;
WHEREAS, the Planning Commission reviewed the matter at their regularly
scheduled meeting on July 11, 2002, and;
WHEREAS, the Planning Commission considered the written and oral testimony
presented by staff, the applicant, and other interested persons to the proposal, and;
WHEREAS, the Planning Commission closed the hearing, and;
WHEREAS, the Planning Commission moved to recommend that the City Council
deny Subdivision 02-03, and instructed staff to prepare findings and conclusions.
NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COMMISSION:
1. The Planning Commission recommends that the City Council deny Subdivision 02-03,
based on substan~ial evidence presented at the hearing and the findings and
conclusions conta~ned in Exhibit "A-, which is attached hereto and by reference
incorporated rein.
-I J. o/c p-
I I
Date
Approved:
Ja
FINAl ORDER-SUB 02-03
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EXHIBIT "A"
ATTACHMENT D
Page -L of 0(./
FINDINGS AND CONCLUSIONS
SUBDIVISION 02-03
I. APPLICATION INFORMATION
Applicant: Rick Givens
Planning Resources, Inc.
8755 SW Citizens Drive, Suite 206
Wilsanville, OR 97070
Property Owner: Jerry M. Jennings
P.O. Bax 32
Clackamas, OR 97015
II. NATURE OF THE' APPLICATION:
The property own~r is proposing to subdivide the existing Woodburn Crest Estates
Manufactured Hortle Park (MHP) into 45 lots pursuant to ORS 92.835.
III. RELEVANT FACltS:
The subject property is located south of Highway 211 (Molalla Road) and east of June
Way. The property is addressed at 2050 Molalla Road (Highway 211), further
identified on Marion County Assessor Maps as Township 5 South, Range 1 West,
Section 8DA, Tax Lot 8000. The property is 7.14 acres in size and located outside of
the 500-year floodplain. There are no wetlands on the site.
The subject site is .zoned Multiple Family Residential District (RM) and has a
Comprehensive Plan Map designation of High Density Residential (more than 12 units
per acre). The Wqodburn Crest Estates Manufactured Home Park is located on the
subject property. The property to the north (across Highway 211) is outside of the
Woodburn city limits but within the Urban Growth Boundary. The property is zoned
Marion County "Urban Transition Farm (UTF)" and designated Commercial on the
Woodburn Comprehensive Plan Map.
Two residential homes and vacant property are located on the property to the north of
the subject site (aoross Highway 211). The property to the west (across June Way) is
zoned Multiple Family Residential District (RM) and has a Comprehensive Plan Map
designation of High Density Residential (more than 12 units per acre). The property to
the west (across June Way) is currently vacant. The property to the south is zoned
Single Family Residential (RS) and Multiple Family Residential (RM). Six existing
manufactured dwellings are located on the property to the south. The property to the
east is located out~ide of the Woodburn city limits but within the Urban Growth
FINAl ORDER-SUB 02-03
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ATTACHMENT D
Page ----L- of all
Boundary. This property is zoned Marion County "Urban Transition Farm (UTF)" and
designed Low Density Residential (less than 12 units per acre) on the Woodburn
Comprehensive Plan Map. Vacant land and two existing residences are located on
the property to th$ east of the subject site.
The applicant is proposing to subdivide the Woodburn Crest Estates Manufactured
Home Park into 45 lots pursuant to Oregon Revised Statute (ORS) 92.835. This
statute is a new 19w enacted by the 2001 legislature entitling a property owner to
subdivide a previqusly lawfully established manufactured dwelling or mobile home
park, ORS 92.835. 1 If a MHP complies with the new statute, a city must approve a
tentative plan to SlJbdivide it, even if it does not satisfy city-adopted subdivision
standards.
The proposed 45 lots range in size from 3,974 square feet to 8,210 square feet. The
lots are proposed to be accessed by the existing looped private street within the
manufactured home park and serviced by the existing sanitary sewer, water, and
storm systems.
IV. RELEVANT APPROVAL CRITERIA:
A. OREGON REVISED STATUTE
Chapter 92. Section 92.835
B. WOODB~RN ZONING ORDINANCE
Chapter 7. Public Hearings
10RS 446 distinguishes manufactured dwellings from manufactured structures.
Manufactured dwellings *e similar to site built dwellings, manufactured structures include
recreational vehicles, such as motor homes and travel trailers. The Chapter also
distinguishes manufactur~d dwelling parks from mobile home parks. Manufactured dwelling
parks are similar to subdiVisions in that all the occupancy is for dwellings. Manufactured
home parks allow occupancy by temporary occupancies of recreational vehicles. The new
statute mandating approval of subdivision applications when certain conditions exist applies
to both. This staff report discusses the new law as though the two were the same and uses
the term MHP to refer to both.
FINAl ORDER-SUB 02-03
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ATTACH~ENT .v
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Chapter 8. General Standards
Chapter 9. Residential Standards
Chapte~ 10. Off-Street Parking, Loading and Driveway Requirements
Chapter 26 Multiple Family Residential (RM) District
Chapter 39 Mandatory Parkland Dedication or Cash-In-Lieu-of
C. WOOD!j3URN SUBDIVISION STANDARDS
D. WOOD$URN SIGN ORDINANCE
E. WOOD~URN TRANSPORTATION SYSTEMS PLAN
V. FINDINGS
The Planning Commission recommends that the City Council deny subdivision 02-03
for the following reasons:
1. The Wo~dburn Crest Estates Mobile Home Park was not lawfully
establis~ed on July 2, 2001. Therefore it is not eligible to be subdivided
pursua~ to ORS 92.830 to 92.835, the new statute allowing subdivision
of certai~ mobile home parks.
There is ~o evidence that the applicant received necessary approvals for
building $Ode compliance for the mobile home park development. No park
plan revi~w/construction plan permit was issued, nor was a certificate of
occupan$Y. The issue concerns not lack of land use approval but lack of
building ~ennit approval for the park development.
The applicant framed the issue as bad record keeping by the City. The
planning commission concluded that the lack of evidence is probably caused
by the faiJure of the applicant to obtain such approval and not by the City's
loss of such records. The City's building file contains communications to the
MHP park developer that no approval had been given. The developer has
not produced any documentation that such approval was given and it is likely
that he would have retained such records if issued. The developer testified
that he relied on oral conversations with the planning director. However, the
planning director did not have authority to issue permits required by the
building code. Those permits needed to come from the building official and a
developer should know that.
The building official did issue some permits to install manufactured dwellings
within the MHP. State law did not require that the MHP itself have final
building p~nnit approval or an occupancy permit before such installation
permits were issued. The building official could issue permits to install a
dwelling in an uncompleted MHP and the City official did so here.
FINAL ORDER-SUB 02-03
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The developer has a responsibility to know what permits are required under
state building code law to develop a mobile home park and to obtain them. The
developer is essentially asking the city to bear the consequences of the risk
that he too~ when he chose to rely on the oral communications and not to
obtain the necessary permits. Those consequences include accepting a
development that does not satisfy the City's applicable criteria and
developmert standards. The City is not required to accept those
consequences and it is contrary to the City's interests to do so.
The applicant argues the question of "compliance" under the new law as
requiring th~ City to approve the proposed subdivision because the City did not
send a letter of noncompliance on this mobile home park. The compliance
issue concerns only compliance with City standards that apply to a mobile
home park. The new law also requires that the mobile home park be "lawfully
established," The later requirement requires compliance with all laws, not just
city mobile home park regulations.
2, The proposed subdivision changes the MHP site plan approved by the
City Council. Those changes make it not eligible to be subdivided
pursuant;to ORS 92.830 to 92.835.
The applicant submitted a tentative plan showing 45 lots, whereas the city
approved a mobile home park for 40 manufactured dwelling spaces.
Consequently, (ORS) 92.835(b) which states that ", . , the tentative plan does
not increase the number of lots approved for the park, . . " has not been met.
Also, the applicant's subdivision request does not meet ORS 92.835(b) which
states that ". . , the tentative plan does not make other development changes. .
. " because the subdivision request shows the play areas as part of two of the
proposed lots that would no longer be available to all the residents of the
subdivision.
The developer argued that he has built a 45 and not a 40-space mobile home
park. The developer has not identified what investment he made that commits
the development he has made to 45 instead of 40 spaces. It is not evident that
the street, storm or sanitary sewer, or water system construction or any other
significant construction would be different to serve 45 rather than 40 spaces.
3. The application fails.to satisfy applicable City criteria and standards even if
ORS 92.830 to 92.835 does apply.
If a MHP qualifies to be subdivided pursuant to the new subdivision law, the City
must disregard any city criteria adopted pursuant to the state subdivision law and
approve the prcpposed subdivision of the MHP. However, the City is not required
to disregard any criteria adopted pursuant to laws other than ORS 92, the
subdivision law. The new law requires the city to approve subdividing a mobile
FINAl ORDER-SUB 02-03
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home park even if the subdivision violates "the standards and procedures
established under ordinances and regulations adopted. .. under ORS 92.044 or
92.048." It dqes not exempt such subdivisions from standards established under
ordinances adopted under ORS 227, the city planning and zoning enabling act or
other laws.
Section 5.C. of this recommendation contains findings concerning the applicable
standards and criteria. The proposed subdivision does not satisfy the following
criteria in the Woodburn Zoning Ordinance. These criteria apply to all new
subdivisions, including those pursuant to the new subdivision law because they
were not adopted pursuant to ORS 92.044 or 92.048 but were adopted pursuant
to ORS 227 and 197.
STANDARD
Maximum Depth of Private Street
Maximum l;Jnits on Private Driveway
Minimum Lbt size
Minimum Lbt width
Minimum ROW width
SOURCE
WZO Section 10.080(1)(3)
WZO Section 10.080(1)(5)
WZO Section 26.080
WZO Section 26.080(d)
Transportation Systems Plan
Six owners of 4wellings within the MHP testified. Most stated that they would like
to own the land they occupy. Some were concerned that denial of the proposed
subdivision might affect their status. The planning commission concluded that
denial of the s4bdivision will change nothing for the existing residents of the MHP.
They will remaih tenants of the park owner.
A. Oregon Revis,d Statute
1. Chapter 92
92.835 Subdivision of manufactured dwelling park or mobile home park.
FINDINGS: ORS 92.835, was enacted by the 2001 Legislature. This new law applies
only to MHPs which were "lawfully established" on the effective date of the new
legislation, July 2,2002. If the new law applies to this MHP, it requires the city to approve
an application to subdivide it, despite any city regulations adopted pursuant to state
subdivision law, unless the tentative subdivision plan makes certain changes from the
approved MHP. Finally, unlike a standard Woodburn subdivision application, an
application to subdivide an MHP pursuant to ORS 92.835 requires the subdivision
application to be decided by the City Council. 2 The Planning Commission's decision on
this application is a recommendation to the City Council.
The relevant codified portion of the new law, set out in full in italics, follows. The portions
of the law most pertinent to this application are underlined.
2 The new law makes the section 92.044(2) that authorizes the City Council to delegate its subdivision approval
authority not applicable to subdiwisions of lawfully established MHPs.
FINAl ORDER-SUB 02-03
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ATTACHMENT l)
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SUBDIVISfON IN MANUFACTURED DWELLING PARK OR MOBILE
HOME PARK
92.830 Definitions for ORS 92.830 to 92.845. As used in ORS 92.830 to
92.845, unless the context requires otherwise:
(1) "Lot" has the meaning given that term in ORS 92.010.
(2) "Manufactured dwelling" has the meaning given that term in ORS
90. 100.
(3) "Manufactured dwelling park" and "mobile home park" have the
meanings given those terms in ORS 446.003.
(4) "Person" has the meaning given that term in ORS 92.305.
Note: Section 7, chapter 711, Oregon Laws 2001, provides:
Sec. 7. Sections 1 to 5 of this 2001 Act [92.830 to 92. 845J and the
amendments to ORS 92.427 by section 6 of this 2001 Act applv to a
manufactured dwellina park or a mobile home park lawfullv established
before the I{Jffective date of this 2001 Act (Julv 2, 20011.
Note: 92.830 to 92.845 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 92 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
92.832 Policy. The Legislative Assembly finds:
(1)
There is a need to create a mechanism for owners of manufactured
dweNings in existing manufactured dwelling parks and mobile home
parks to acquire individual ownership interest in the lot on which
the dwelling is located;
The creation of an individual ownership interest should not impose
an undue financial burden on the owner of a park; and
The public interest is furthered by regulating the promotion,
subdivision and sale of individual ownership interests in the lots in a
park to ensure that /ocal jurisdictions do not place unreasonable
constraints on the conversion of an existing park into a subdivision.
(2)
(3)
92.835 Subdivision of manufactured dwelling park or mobile home park.
Notwithstanding the standards and procedures established under
ordinances and regulations adopted by the governing body of a city or a
county under ORS 92.044 or 92.048, when application for approval of the
subdivision of a manufactured dwelling park or a mobile home park is made
under ORS92.040 to the governing body of a city or county, the aovemina
body of the dtv or county shall approve:
FINAL ORDER-SUB 02-03
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(1) A tentative plan upon receipt and verification of evidence that:
(a) The park is in compliance with the governing body's standards
for a manufactured dwelling park or a mobile home park or is
an approved nonconforming use. For the purposes of this
paragraph, a park is in compliance if the governing body of the
city or county has not issued a written notice of noncompliance
on July 2, 2001: and
(b) The tentative plan does not increase the number of lots, as
defined in ORS 446.003, approved for the park, chanqe the
boundarv lines or setback requirements or make other
deve0pment chanqes; and
(2) A plat in compliance with the applicable requirements of ORS 92.010
to 92.190, except standards and procedures adopted by regulation or
ordinance under ORS 92.044 or 92.048.
FINDINGS:
The Planning Commission reviewed the applicant's subdivision request and concludes
that the City is not obligated to approve the subdivision for two primary reasons:
1. The Woodqum Crest Estates Mobile Home Park was not lawfully established on
July 2, 2001; and
2. The proposed tentative plan does not comply with the eligibility standards in ORS
92.835. In particular, the applicant submitted a tentative plan showing 45 lots,
whereas the City approved a mobile home park for 40 manufactured dwellings.
Also, the playgrounds required for the mobile home park are part of two
manufactured lots and not available for the subdivision residents.
1. Lawful Est,blishment.
a. City Land Use Approvals Granted For 40-lot MHP. The Woodburn
Planning Commission approved a conditional use permit (CUP) and site plan for a 40-lot
MHP on the subject property on August 24, 1995. The City Council affirmed that
approval on November 27, 1995 (Case File No. CPA 95-04, ZC 95-05, CU 95-02, SUB
95-03 and LLA 95-05). The City Council Decision is attached as Exhibit "I".
The applicant submitted, with his conditional use permit, a site plan for the mobile home
park prepared by Rick Givens. That site plan contained 40 spaces for mobile homes.
The City's approval was based on the Rick Givens site plan. The MHP approval was
conditional. Among the conditions are the following which have not been satisfied:
"4. Provide final landscape plan to the Planning Department. . . .
5. The applicant shall provide for a private community facility on site
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(open space/tot lot).
6. Provide uniform site obscuring fencing around entire property.
Applicant shall provide evidence that landscaped areas including
R.O;W. and buffering adjacent to single family residential areas.
Buffering and fencing shall be in place prior to any manufactured
homes being placed on site.
* * *
11. The final plans shall conform to the construction plan review
procedures and standards.
12. Final plans shall conform to the City of Woodburn standard
specifications and all state building codes."
In approving the CUP for the mobile home park the city required the applicant to change
the access from a point at the southwest of the park on Audry Way to a point at the
northwest on June Way. Consequently, the number of "lots" approved was the 40 spaces
proposed. The condition to change the access necessitated changes in the site plan
design affecting thl9 street and lot configuration, but not an increase in the number of lots.
b. No BuildinQ Code Approvals Granted For MHP. As demonstrated in
this subsection th~re is no evidence in the record of the mobile home park or this
subdivision application that the applicant received necessary approvals for building code
compliance for the Woodburn Crest Estates Mobile Home Park development. No park
plan review/construction plan permit was issued. norwas a certificate of occupancy. The
applicant has the burden to provide evidence that the park plan permit and certificate of
occupancy were issued.
In addition to complying with local land use regulations, an MHP must comply with
standards and procedures in state law regulating mobile home and manufactured
dwelling park developments contained in ORS chapter 446 and OAR 918-500 and -600.
ORS 446.062 requires the City of Woodburn Building Official to "review plans and inspect
construction of mobile home or manufactured dwelling parks."
ORS 446.062(3) provides that "A person shall not construct a new mobile home or
manufactured dwelling park. . . . without approval by the department." This statute
requires the building official to review the mobile home park plans. MHP park plans that
meet state building code requirements receive a park permit to develop the park. The
statute prohibits a person from constructing an MHP without the required approvals. An
MHP constructed without the required approvals, such as this one, would be an
unlawfully established MHP.
MHP developments are regulated by the Department of Consumer and Business
Services (DCBS) Building Code Division. DCBS has delegated its authority to review
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MHPs within the City of Woodburn to the city, which has employed a qualified building
official to perform the building permit functions of the city.
After an MHP receives local land use approval, the MHP park plan is reviewed by the city
building official for compliance with applicable state building code laws. Park plan
requirements are governed by ORS 446.003 to 446.100. Pursuant to ORS 446.062 the
DCBS has adopted administrative rules to implement the statutory requirements. At the
time this MHP was developed these were contained in the 1997 Oregon Manufactured
Dwelling Standards (the current version is the 2002 Oregon Manufactured Dwelling and
Park Specialty Code).
The MHP park plan that is subject to review for building code division requirements
may be a different plan with respect to the information it contains than the site plan
that was reviewed for land use compliance. However, the plan reviewed by the
building official needs to be consistent with the plan approved by the City for land
use purposes. OAR 918-600-0050 requires the applicant to show on the park plan
the location of a n~mber of things that are not required to be shown on the land use
site plan reviewed by the planning commission such the following:
1. Approximate location of each manufactured dwelling lot,
2. LOC$tion of sewer connections and service electrical outlets,
3. LOC$tion of domestic water supply outlets,
4. LOC$tion of light fixtures
A park plan approyal and construction permits are issued when all applicable criteria are
satisfied. Any oonstruction begun without such approval and permits violates ORS
446.062. No separate permit is needed for construction of a park street but plumbing
permits are required before constructing the sanitary and storm sewer and water lines.
During construction inspections occur.
After the satisfactory construction of the MHP a certificate of occupancy is issued. A
certificate of occupancy is not issued until all conditions of city approval as well as
building code req4irements, including installation of sanitary sewer and water lines and
streets have been satisfied. An MHP would be "lawfully established" once all the building
code and planning approval requirements were satisfied, at the point when the certificate
of occupancy is issued.
Building permits to install a manufactured dwelling within the MHP and associated
individual plumbing and electrical permits are granted after the certificate of occupancy is
issued. As discussed below, in this case nine installation permits were issued before the
MHP received either plan approval/construction permits or a certificate of occupancy.
These installation permits may establish some kind of property claim but they do not
lawfully establish a MHP which did not satisfy the state law requirements to obtain a plan
approval/construction permit.
The steps in obtaining approval of an MHP are illustrated on the DCBS flow chart
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attached as Exhibit "J".
ORS 92.835 only applies to an MHP that was "'awfully established" before July 2,2001.
To be lawfully established, an MHP park plan would need to have received necessary
building official approvals. There is no evidence the Woodburn Crest Estate Mobile Home
Park has ever received park plan approval or a certificate of occupancy from the City
Building Official.
The following documents in chronological order are contained in the city's files:
11/21/95
City Council approved CUP for MHP, 40-lot site plan
OS/20/97
42- lot Park Plan with civil plans prepared by Dale Haller
(date is the revision date on the drawings, building file does
not indicate when filed with city)
04/23/98
Marion County issued plumbing permits for MHP
04/08/98
Building Official letter to Marion County states that Jennings
had begun construction on MHP without permits
04/24/98
Letter from Building Official to Marion County that
construction was occurring without MHP park
plan/construction permit
07/30/98
Letter from Building Official to Jerry Jennings that
construction was occurring without MHP park
plan/construction permit
08/06/98
Building Permit #98-7-259 filled out, permit fees paid, Permit
not issued 3
10/22/98
Jennings paid for water tap or installation
11/4/98
Jennings paid for master water meter
03/09/99
45-lot Park Plan (revision date) by Dale Haller
03/18/99
Memo from building official noting that the number of lots
proposed on Park Plan exceed the City's land use approval
3 The City's file contains all th~ copies of the multicopy form that an applicant fills out when requesting a building
permit. Consequently it appears that this permit was never issued. Even if a plan approval had been granted, it
would have been effective for ~mly one year. if no construction permit were issued. If this were a construction
permit would have expired in 160 days if construction was not commenced. or if the construction were
suspended for a period of 180 days. OAR 918-600-0030(4).
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03/31/99
Jennings paid for fire hydrant
02/12/99 to
03/10/2000
Nine Installation Permits issued
The building permit file contains an MHP park plan prepared by Dale B. Haller containing
42 lots submitted in August 1997, two years after the land use approval. This plan
appears to have been submitted for Park Plan approval because it contains detailed
pages for sanitary sewer, water, drainage, streets, grading as well as identifying the
spaces for manufsctured dwellings_ There is a 45-lot version of the Dale B. Haller site
plan in the building files with a revision date of March 9, 1999. The plans for the 45-lot
version contain only a single sheet for the "lotting" pattern for the manufactured dwelling
spaces. It does not contain any civil design drawings. It appears that the applicant
constructed this 45-lot version. That construction involved installation of facilities and
street improvements and connections for 45 dwellings.
Jerry Jennings began construction between the dates of these two development plans,
without any approval from the building official. The City building official became aware
that Mr. Jennings had begun underground utility construction without proper approvals.
See the attached Exhibit "K", a letter from the former building official (Tom Larson) to
Marion County, dated April 8. He stated that Marion County subsequently had issued a
plumbing permit for the sewer, water and storm drainage facilities on March 23, 1998.
A second letter was sent on July 30, 1998 stating that Jerry Jennings had begun
construction of the park without an MHP park permit. Exhibit "Lit. That letter said that
Jennings needed to obtain "plan review and permit issuance", asked Jenningsto provide
a letter stating the park was to be an adult park and to pay building permit fees in the
amount of $3,437.16. The letter concluded that if these items were not received within
five days the building official would file a "Compliance Report" with the Building Code
division for enforcement, which could lead to criminal penalties.
It appears that Jennings paid the requested building fee on August 6, 1998. The file
contains a building permit form #98-7-259. Exhibit "M". The form is filled out, contains a
receipt number indicated the fees were paid. However, the City still has all the copies of
this triplicate form and the permit is not dated or signed by anyone in the place on the
form provided for "approved by." It is the building official's practice to fill out the building
permit forms and take all fees needed to do a plans review. The permit is not signed or
issued to the builder unless the plans review confirms that the plans satisfy all applicable
standards. There is no evidence in the building official's files that this building permit (or
any other) was issued.
There is a memorandum in the building file, dated March 18, 1999 from the former
temporary building official (Mendenhall) to the planning director (Goeckritz) stating that
the plans that the applicant filed for his review contain five lots more than approved by the
City Council. Exhibit UN".
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This chronology suggests that Jerry Jennings began his construction in early 1998 for the
MHP to implement the 42-lot plan. After notices from the City that construction was
taking place without the necessary park plan/construction permits Mr. Jennings submitted
the 45-lot park plan sometime between March 9, 1999 and March 18, 1999. It is this
third, 45-lot park plan, which Mr. Jennings now wishes to have the city recognize as his
established mobil$ home park.
The former buildir,g official stated, in the March 18, 1999 memorandum to the planning
director (Goeckritt), that he understood that the park, which Jennings proposed in the
submitted 45-lot p4lrk plan, was not approved for land use purposes. The building official
told the planning director that he would hold all plans and not issue permits.
The building official and the planning director apparently subsequently discussed the
discrepancy about the number of lots at least twice during that day. Handwritten on the
bottom of the building official's memo is a response from the planning director, which
states as follows.
"The plannitlg commission staff report identifies that 40 sites are to be approved.
That is what the commission approved. Any modification to that number will
require planning commission acknowledgement."
Thus, the planning: director confirmed that the maximum number of dwelling sites or lots
approved by the City Council for the MHP was 40 lots. The building official and the
planning director apparently again discussed the matter. Later on the same day, the
building official ma~e a handwritten notation on the same memorandum, dated March 18,
1999, following the planning director's response, which states:
"Per Steve Goeckritz: OK to issue 40 permits for Woodburn Crest MFG. Dwelling
park."
This comment is concerned with the total number of installation permits that the building
official could issue and remain consistent with the City council's land use decision. These
notes to the memorandum do not address the park plan approval/construction permit
issuance for the MHP itself.
On April 24, 1999 the building official followed up on the April 18 memorandum and its
handwritten notes with another memorandum. Exhibit "0". The follow up memorandum
used the same computer generated memo he created six days earlier. He added two
typewritten notes to the memorandum. Both of the notes refer to footnotes. The notes
on the body of the memorandum state as follows:
"1. Note attached
2. See note of approval"
The footnotes to th~se two notes contain the following respectively:
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"1. Denial of permit issuance for Woodburn crest mfg. dwelling park. individual
space permits
2. Denial rescinded by SLG on 3-22-99"
The staff concluqes that these memoranda do not address development plan approval for
the MHP. The notes specifically refer to "individual space permits" not to the underlying
MHP plan itself. They suggest that the planning director informed the building official that
approval of permits to install up to 40 manufactured structures would be consistent with
the City's land use approvals. That fact does not demonstrate that the planning director
approved any MHP park plan/construction permit. In fact approval of the Park Plan for
compliance with building code criteria was not within the planning director's authority.
The approval authority for the MHP park plan belonged to the building official and could
not be exercised by the planning director. It was within the planning director's authority to
"deny" a MHP park plan by informing the building official that the plan did not comply with
the land use approvals given to it. Similarly, the "denial rescinded" language must be
read to relate only to the compatibility of allowing 40-manufactured dwelling spaces in
contrast to 45-manufactured dwelling spaces. There is no suggestion in these
memoranda that the planning director informed the building official that the development
of the park had satisfied all of the conditions of approval and could, from the planning
department's per~pective, be approved for occupancy.
Exhibit "pIt contains the evidence and conclusion of the current city building official that no
building code approvals related to the development of the Woodburn Crest Estates
Mobile Home Park have been granted.
c. City Permitted InstallinQ 9 DwellinQs. There are twelve (12)
manufactured dwellings installed within the Woodburn Crest Estates Mobile Home Park.
Of these, nine (9) obtained an installation permit for a dwelling. Only four (4) have
obtained a certificate of occupancy.
The fact that some installation permits were issued to site manufactured homes within the
MHP is not evidence that the city building official had previously issued permits for
development of the MHP itself. Nothing in applicable state laws requires that a certificate
of occupancy be approved before permits may be temporarily issued for installing a
manufactured dwelling in an MHP. In fact the 2002 Oregon Manufactured Dwelling and
Park Specialty Code specifically authorizes this practice.
d. Conclusion. The MHP is not now lawfully established, nor was it
lawfully established on July 2, 2001. Therefore, ORS 92.835 does not apply to the
Woodburn Crest Estates Mobile Home Park. Consequently, the City is not required to
disregard any city criteria adopted pursuant to the state subdivision law and approve the
proposed subdivision of the MHP.
This proposed subdivision application of the Woodburn Crest Mobile Estates Home Park
caused city staff to investigate the background facts of the Woodburn Crest Estates
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Mobile Home Park to decide whether it was lawfully established on July 2, 2002 and
therefore eligible for subdivision pursuant to ORS 92.835. That investigation has
revealed that not all required permits have been issued to lawfully establish the
Woodburn Crest Estates Mobile Home Park. The fact that the MHP has not been lawfully
established is sufficient to decide whether ORS 92.835 is applicable to it.
Notwithstanding ORS 92.835, the City could approve the proposed subdivision if the
subdivision satisfies all normal applicable approval criteria. This staff report analyzes the
application for compliance with those approval criteria.
If the proposed subdivision were approved, the MHP, which was not lawfully established
as a mobile home park, would obtain a lawfully approved tentative plan for a subdivision.
Upon filing of a substantially complying final plat, any issues concerning the fact that the
MHP was not lawfully established would become moot. However, if no subdivision of the
Woodburn Crest Mobile Home Park is approved. the City and the owner will continue to
have an MHP that has not been lawfully established and manufactured dwellings that
have not been lawfully installed. Resolution of the issue of the unlawfully established
development is separate from the decision whether to approve the proposed subdivision.
Concerns surrounding that issue are not criteria that are applicable to making this
subdivision decision.
2. Complianc;:e With Local Standards.
For ORS 92.835 to apply, the MHP must either be:
I. in Compliance with the "governing body's standards" for an MHP, or
ii. a legal nonconforming use.
The applicant argues that his application complies with these provisions. His
submittal narrative contains the following comment:
'The Woodburn crest manufactured home park was approved as a
conditional use on the property in 1996. The records on the case are
somewhat incomplete, but they establish that the city initially approved a
design for the park providing for 40 manufactured homes. During the final
design of the project this number was increased to 45 spaces. The
Planning director initially placed a hold on the project because the number
of spaces shown on the final plans did not correspond with the conditional
use approval. Later, the Planning Director reviewed the changes and this
hold was rescinded. The park was developed with 45 spaces and
required setup permits for 12 homes have been granted in the intervening
period since the project was developed. Neither the City nor County has
issued a written notice of noncompliance regarding this manufactured
home park prior to July 2,2001 or at any date thereafter. Therefore. the
existing manufactured home park conforms to the requirements of this
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section."
Concerning the requirement of compliance with the governing body's standards, the
statute deems an MHP to be compliant unless the City had issued a written notice of
noncompliance by July 2, 2001. This provision of the statute prevents a City from
denying a proposed subdivision of a park based on the existing park's failure to
comply with applicable "governing body's standards" if the notice was not given.
Woodburn gave no notice of noncompliance to anyone for any MHP by the statutory
deadline.
The provision that existing MHPs are deemed compliant with a local body's standards
does not mean th$t the MHP may also fail to comply with state standards. Here, state law
and rules require the approval of the area development plan of the MHP for compliance
with the state building and specialty codes. The owner of this MHP has not proved
compliance with any of the area development review or specialty code requirements.
Thus, ORS 92, 835 does not apply to the applicant's subdivision request.
3. Chan~es From Approved MHP to Subdivision.
Even if the MHP were lawfully established and compliant with all applicable regulations,
the City need not ~pprove the proposed subdivision, pursuant to the new statute, if the
proposed tentative plan does one of the following four things:
1) increases the number of lots,
2) changes the boundary lines,
3) changes the setback requirements, or
4) makes "other development changes".
It is the applicant's burden to provide verification of evidence that his tentative plan
does not make one of the listed changes. The applicant provided the following
comment in his submittal:
"As discussed above, the proposed subdivision conforms to the existing
developed manufactured home park design and contains a total of 45
spaces. No increase in density is proposed, the boundary lines and
setbacks of the park are the same as originally submitted, and no other
development changes are proposed. This criterion is satisfied."
a. ChanQe in number of Lots. The proposed tentative plan increases
the number of lots from the 40 approved by the City Council to 45. Consequently, the
applicant's subdivision request does not meet Oregon Revised Statute (ORS) 92.835(b)
which states that".. .the tentative plan does not increase the number of lots... approved
for the park..."
A "lot" for purposes of ORS 92.935 has the meaning defined in ORS 446.003(25). That
statute defines a "lot" as "any space, area or tract of land, or portion of a manufactured
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dwelling park, mobile home park or recreation park that is designated or used for
occupancy for one manufactured structure."
The number of lots approved for the Woodburn Crest Estates Mobile Home Park is the 40
lots proposed in the site plan to be occupied by manufactured structures submitted and
approved in 1995 for the conditional use permit for the Woodburn Crest Mobile Home
Park. The proposed tentative plan contains 45 lots. The number of lots in the proposed
tentative subdivision plan is increased from the number of lots approved for the park.
Consequently the proposed subdivision does not satisfy the requirement in ORS
92.835(b).
b. Chanqe in Boundary Lines. What boundary lines the statute
refers to, when it makes the new statute inapplicable to subdivisions that will change
boundary lines, is unclear from the text of the statute. It may mean the boundary lines
of the proposed lots within the subdivision, or it could mean the exterior boundary lines
of the MHP. What this section means may not be clear without judicial interpretation.
If the legislation refers to the lines between the spaces or "lots" within the MHP, this
proposed subdivision shows property boundary lines that are in different locations
than the lines between spaces on the City approved site plan.
c. Chanqe In Setback Requirements. What the legislature intended
to include within the "setback requirements" provision of this statute is also not clear
from the text of the statute. The provision says that the City shall approve a proposed
subdivision unless "the tentative plan. . . change[s] the. . . setback requirements. . . "
Setback requirements are generally provisions within a zoning code that require
structures to be located certain distances from property lines. Such standards apply
not as approval criteria in deciding a subdivision but when a person files an application
to locate a structure on the already created lot. An applicant cannot change such
setback requirements because they are enacted by the governing body and can only
be changed by an ordinance amendment.
Because setbacks relate to boundary lines, a proposed subdivision of a large parcel
inherently changes boundary lines by creating new boundary lines within the former
parcel. Consequently, the act of subdivision changes the setback requirements that
will apply to areas within the original parcel. This circumstance applies to all
subdivisions of MHPs and suggests that the legislature could not have intended that
the new statute could never apply because it always results in changes in setback
requirements.
It could be argued that the provision applies only to those MHPs whose approval
contained specified setbacks in the area development plan. Where there were
specified set backs, the tentative plan may not change those setbacks and be eligible
for the mandatory subdivision provisions of ORS 92.835.
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Because the term "set back requirements" is used it appears to relate to locally required
standards. It does not appear to relate to the minimum requirements in ORS 446 and its
implementing rules concerning the separation between dwelling structures within an MHP.
Neither the statute nor the rules use the term "setback."
Because there are other criteria in deciding whether or not ORS 92.835 applies to this
MHP which the application clearly fails to satisfy, the staff does not attempt to draw a
conclusion on this incomprehensible criterion.
d. Other Development Chanqes. The last provision is that the tentative
plan may not "make other development changes" and be eligible for subdivision under the
new law. What the legislature intended to include within this clause is unclear from the
text of the statute. The two tot lots that were to be provided are not shown as separate
lots. The tentative plat shows them as parts of two of the 45 lots proposed to be occupied
by manufactured dwellings. Consequently the subdivision would change the
development because play areas would no longer be available to all the residents of the
subdivision.
The applicant has not shown compliance with the eligibility criteria in ORS 92.835.
Consequently, the City is not required to disregard any city criteria adopted
pursuant to the state subdivision law and approve the proposed subdivision of the
MHP. The applicant's subdivision request does not meet all city codes and
standards as diSCussed in the remainder of the final order.
B. Woodburn Zottina Ordinance
1. Chapter 7. Public Hearings.
FINDING: Property owners within the notification area were noticed 20 days
prior to the public hearing. Two notices of public hearing were posted on the
subject property ten days prior to the public hearing. A public hearing was held
in order to provide the opportunity for public comment.
2. Chapter 8. General Standards.
Section 8.030. Dwellings and All Other Buildings to be Accessible to
Public Streets. Every dwelling shall be situated on a Jot having direct access
by abutting upon a public street or a pre-existing private driveway of a width of
not less than 20 feet and a private drive shall not serve more than four dwelling
units except when approved under Planned Development....
FINDINGS: The proposed 45 subdivision lots are accessed by a 35 foot wide looped,
private street called Crestline Drive and Granite Drive. The applicant's subdivision
proposal does not meet this criterion because more than four dwelling units are served
by a private street.
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3. Chapter 9. Residential Standards.
FINDINGS: Each lot will require a separate building permit. At such time that building
permits are issu~d, each lot will be reviewed for compliance with residential standards
which include se~back requirements for main buildings and requirements for accessory
buildings and fences.
4. Chapter 10. Off Street Parking, Loading and Driveway Standards.
FINDINGS: Each lot will require a separate building permit. At such time that building
permits are issued, each lot will be reviewed for compliance with off-street parking and
driveway standards.
Section 10.080. Driveway Standards.
(I) Standards for driveways serving more than one dwelling unit:
(3) Maximum depth of a private street shall be 150 feet, measured
from the right-of-way line to the point where the street no longer
serves more than one unit.
(5) Driveways serving private single family detached homes shall:
(a) Serve no more than four units;
FINDINGS: The existing private looped street is 1,681 feet in length. It extends in a
loop from June Way (public street) and serves all 45 of the proposed subdivision lots.
The applicant's SUbdivision proposal does not meet these criteria because the private
street exceeds th~ maximum depth of 150 feet and serves more than four units.
5. Chapter 26. RM Multiple-Family Residential District.
,
Section 26.010. Use. Within any RM Multi-Family Residential District, no
building, structure, or premises shall be used, arranged or designed to be used,
erected, structurally altered or enlarged, except for one or more of the following
uses:
(a) Any use permitted in the RL District;
Section 25.010(a) Any use permitted in an RD District;
Section 24.010(a) Any use permitted in the RS District;
Section 22.010(a} Single family dwelling;
Section 22.010(i} Single Family Manufactured Homes as defined in Section
1.380.c and subject to the siting standards as defined in Section 19.080;
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FINDINGS: Single family dwellings or single family manufactured homes are
permitted uses in the RM District.
Section 2$.080. Lot Area and Width. In an RM District the minimum
requirement for lot areas shall be 6,000 square feet for a single family dwelling...
FINDINGS: Lots #1-6, 8-11, 15-25, 27, 28, 32-35. and 40-44 do not meet the 6,000
square foot minim~m lot area requirement specified in Section 26.080 of the Woodburn
Zoning Ordinance. The proposed subdivision request does not meet this criterion.
(d) Every lot in an RM District shall have a minimum width of 60 feet at the
building line...
FINDINGS: The proposed subdivision lots # 2,3,6,8-25,27,28,32-35 and 41 do not
have a minimum width of 60 feet at the building line. The proposed subdivision request
does not meet this criterion.
6. Chapter 39. Parkland Dedication and Cash-in-lieu
FINDINGS: The System Development Charge (SDC) for park purposes is paid per lot.
The applicant can pay the SDC in full or on a per-lot basis as building permits are
issued.
c. Woodburn ~ubdivision Standards
Chapter III. Section 6.
(3) No final pat of a proposed subdivision or partition or replat shall be
approved unless:
(c) The subdivision, partition plat or replat complies with any
applicable zoning ordinance and regulations and any ordinance
or regulation adopted under ORS 92.044 that are then in effect
for the City.
FINDINGS: The proposed subdivision does not comply with all applicable provision
of the Woodburn Zoning Ordinance as discussed previously in this final order.
(6) The subdividing of land shall be such that each lot shall abut on a
public street.
FINDINGS: The proposed lots #13-45 do not abut on a public street. The proposed
subdivision request does not meet this criterion.
Chapter IV. Section 13 (B). Lots:
FINAL ORDER-SUB 02-03
Page 20
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ATTACHMENT D
Pagc_j_L of), t
All lots shall have a minimum size of the zoning district in which they are
located. lin cul-de-sacs the minimum lot line fronting the turnaround shall be
40 feet, and in the case of a curved lot line where the radius of curvature is
100 feet or less, the minimum lot line fronting that curvature shall be 40 feet,
and in no cases shall the lot width be less than 60 feet at the buildinq line. If
topography, drainage. or other conditions justify, the Commission may
require a greater area on any or all lots within a subdivision. The minimum
size for various types of lots shall be as given in the following table:
Type of Lot
Minimum Width
Corner Lot
Interior lot (fronting one street)
Flag Lot
Double Frontage (fronting two streets)
80 feet
60 feet
30 feet
60 feet
FINDINGS: The minimum size for all lots in the proposed subdivision is 6,000
square feet. Lots #1-6,8-11, 15-25,27, 28, 32-35, and 40-44 do not meet the 6,000
square foot minimum lot area requirement specified in Section 26.080 of the
Woodburn Zonin9 Ordinance. The proposed corner subdivision lots meet the 80
foot minimum wid~h. A majority of the proposed interior lots, cul-de-sac lots, and
double frontage lots do not meet the minimum width requirement. None of the
proposed flag lots meet the 30 foot minimum width. The proposed subdivision does
not meet these criteria.
D. Woodburn Siqn Ordinance
FINDINGS: Any proposed signs will require approval and/or permit from the
Community Development Department.
E. Woodburn Transportation Systems Plan
FINDINGS: The minimum right of way width for a local residential street with no
parking is 50 feet. The proposed subdivision has an existing, looped interior private
street with a right-of-way width of approximately 45 feet. The proposed private
interior street in the subdivision does not meet City standards for a public street.
The Public Works Department commented that the City will not accept maintenance
responsibilities of streets that do not meet current city standards. The subdivision
does not comply with the applicable goals and policies in this plan.
VI CONCLUSION: Based on the findings of fact herein, all relevant approval criteria
relating to approval of the subdivision of the existing Woodburn Crest Estates Mobile
Home Park (MHP) into 45 lots on the subject property have not been satisfied.
FINAL ORDER-SUB 02-03
Page 21
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I1A
November 25, 2002
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council ,~
John C. Brown, City Administrator.ff
Trust Deed, Cipriano Ferrel Education Center
Recommendation:
It is recommended the City Council accept the conveyance of the attached Trust Deed to
secure the Cipriano Ferrel Education Center property.
Background:
In June 2002, Council authorized execution of a grant contract with the State of Oregon
to use a Community Development Block Grant awarded to the City to assist with the
construction of the Cipriano Ferrel Education Center. The project is a partnership with
the Farmworker Housing Development Corporation (FHDC), and the City has contracted
with the Mid-Willamette Valley Council of Governments to administer the grant. On
October 28, 2002, the City Council authorized the Mayor to execute an agreement with
FHDC that clarifies project responsibilities and procedures.
The bid award for construction is on your agenda following this item. State regulations
require the Council to authorize the trust deed prior to bid award.
Discussion:
The grant contract with the State requires the City to execute and record a trust deed in
favor ofthe City against the real property where construction will occur. The trust deed
specifies, among other things, the collateral for the CDBG grant, and gives the City the
right to seize and sell the collateral if FHDC fails to meet the State's requirements. The
collateral is the FHDC property where the Education Center will be constructed. The
trust deed will function as a tool for the City to use in enforcing the State's requirements
for the project over the 5-year term of the grant contract. At the end of that period, if
FHDC has complied with the terms and conditions of the contract, the property will be
reconveyed to FHDC. The attached trust deed will be executed by FHDC, and has been
approved as to form by the City Attorney and by the State. Should Council choose to
approve the trust deed, the deed will be recorded with the County.
The construction cost of the Cipriano Ferrel Education Center is approximately
$1,000,000. The CDBG grant the City obtained for the project is $600,000, of which
$585,000 is available for construction. The balance of construction costs will be
provided by FHDC from other funding sources. As indicated, the property where the
Center will be constructed is the collateral. The appraised value of the property is
approximately $225,000. Two liens, totaling $60,000, currently encumber the property.
One, in the amount of $40,000 and in favor of the State of Oregon, is scheduled to be
60
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Honorable Mayor anp City Council
November 25, 2002
Page 2.
satisfied within a we~k. The Trust Deed recommended for your approval places the City
in a second position to these existing liens.
As recipient of the CpBG funds, the City is required by State regulations to contract
directly for the consttuction of the Center. Of concern is the City's liability for the total
construction contract A warding the construction contract exposes the City to
approximately $400,000 liability, excluding any unforeseen cost over-runs for which
FHDC has not budgeted. The trust deed provides some security, and reduces liability
concerns. Staff has taken a number of steps to further reduce liability concerns. These
include, entering into an agreement with FHDC, requiring FHDC to purchase title
insurance in favor of the City in the amount of $600,000, requiring FHDC to place the
balance of construction funding in an earmarked account and providing the City
Administrator with signatory control over spending in that account, and obtaining partial
waiver of construction lien from the project architect. Staff also obtained FHDC's most
recent audited financial statements, which indicate the corporation is solvent and
possesses adequate assets to satisfy any claims that might arise from potential problems
with this project.
Regarding the earmatked account, as of November 20,2002 approximately $427,000 is
set aside to cover non-CDBG-funded project costs. These funds will most likely be
expended before CDDG funding can be accessed. Expenditure from this account requires
two signatures, one of which must be the City Administrator's. The architect was
required to provide the partial waiver of construction lien to insure there are no further
outstanding encumbrances placed on the collateral property arising from unpaid work
through November 20, 2002.
While these actions reduce liability concerns, none insure against cost overruns for which
FHDC has not budgeted. FHDC will continue to seek funding to provide for that
contingency. City control over this potential problem will be exercised through diligent
project management, particularly with respect to adhering to strict change order policies
and maintaining close attention to the work performed in relation to progress payments.
Together, all these actions greatly reduce the risk involved in responsibility for project
construction.
Conclusion:
The attacheq trust deed is required by the State for the City and FHDC to proceed with
awarding the bid for construction of the Cipriano Ferrel Education Center. The City
Attorney and the State's representative have approved the trust deed as to form, and
FHDC has approved and signed the deed. Council's acceptance of the conveyance of the
attached trust deed is respectfully requested.
JCB
61
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After recording, retum to:
City of Wood bum
c/o N. Robert Shields, City Attomey
270 Montgomery Street
Woodburn OR 97071
TRUST DEED
This Trust Deed made on , between Farmworker Housing
Development Corporation, as Grantor, Fidelity National Title Company of Oregon, as Trustee, and the
City of Woodburn, as Beneficiary.
WHEREAS, Beneficiary applied for and received a Community Development Block
Grant (Project No. C020(4) from the State of Oregon through the Oregon Economic and
Community Development Department (OECDD) in the amount of $600,000 for the purposes of
constructing a portion of the "Project" as specified in the "Grant Agreement" as these terms are
hereinafter defined; and
WHEREAS, the "Grant Agreement" means all provisions of that document signed by Beneficiary
and OECDD and dated April 15, 2002, and the Special Conditions, Certifications of Compliance
incorporated in it, and the relevant descriptive material in the approved grant application; and
WHEREAS, the "Project" means the facility described in Exhibit "E" of the Grant Agreement;
and
WHEREAS, the total cost of constructing the Project is estimated by Grantor to be $991,335 and
only $600,000 has been made available to Beneficiary through grant funds; and
WHEREAS, Grantor will fund the construction of the remainder of the Project by the use of
additional funding supplied by Grantor; and
WHEREAS, Grantor has represented to and assured Beneficiary that it has sufficient additional
funding to pay for that portion of the Project not funded by grant funds; and
Page I - Trust Deed
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WHEREAS, in awarding the construction contract for the Project, Beneficiary will be specifically
relying on the promise of Grantor to provide sufficient additional funding for the construction contractor
to be paid and for the Project to be constructed; and
WHEREAS, Grantor owns the real property upon which the Project will be constructed and shall
own and manage said Project; and
WHEREAS, in return for the $600,000, the Grant Agreement requires Beneficiary to construct
the Project and to assume responsibility to OECDD to see to it that, for a period of five years thereafter,
the Project is used for the purposes specified in the Grant Agreement and confom1s to all relevant
conditions and guidelines; and
WHEREAS, Grantor's failure to confom1 to the grant conditions and guidelines could subject
Beneficiary to enforcement sanctions, which could include a return of the $600,000 to the OECDD, as
well as other measures involving potential financial loss to Beneficiary; and
WHEREAS, Grantor's failure to provide sufficient additional funding for the construction of the
Project could subject Beneficiary to claims by the construction contractor for payment; and
WHEREAS, OECDD requires specific assurance that the conditions of the Grant Agreement will
be carried out; and
WHEREAS, Beneficiary requires specific assurance from Grantor that the necessary additional
funding will be available to construct the Project prior to awarding the construction contract; and
WHEREAS, as a condition of accepting the funds from OECDD, Beneficiary has required and
Grantor has agreed to execute and deliver, this Trust Deed, NOW, THEREFORE,
WITNESSETH:
1. Grantor irrevocably gr~nts, bargains, sells and conveys to Trustee, in trust, with power of sale, the
property in Woodburn, Marion County, Oregon, described as:
Parcel 3 of Partition Plat No. 93-15, recorded March 2, 1993 in Reel
1037, Page 403, Deed Records for Marion County, Oregon.
together with all and singular the tenements, hereditaments and appurtenances and all other rights
thereunto belonging or in any way now or hereafter appertaining, and the rents, issues and profits thereof,
and all fixtures now or hereafter attached to or used in connection with the property.
2. FOR THE PURPOSE OF SECURING THE PERFORMANCE of Grantor under CDBG No. C02004
where Grantor has received the benefits of funds in the amount of $600,000, Grantor covenants and
agrees to the terms and conditions listed below which shall be in effect for a period of five years from
the date administrative closure of the grant is certified by OECDD in the State Certificate of
Completion for the construction project financed by the grant proceeds.
3. If Grantor complies with the terms and conditions listed below for the designated five year period,
then Grantor shall be relieved from any liability to repay the grant funds and Beneficiary shall request
Trustee to record a Deed of Reconveyance to Grantor. If Grantor fails to comply with the terms and
Page 2 - Trust Deed
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conditions listed below during the designated five year period, then Beneficiary shall provide to
Grantor written notice specifying the alleged default and shall give Grantor at least 30 days to cure
such default. If, after such notice and opportunity to cure, Grantor's failure to comply continues, then
the full amount of the grant funds shall be immediately due and payable by Grantor to Beneficiary
together with interest at the CDBG rate or the statutory rate. Grantor shall also defend and indemnify
Beneficiary from any Ilnd all claims or demands, damages, fines, penalties or attorney fees or costs
arising from Grantor's failure to comply with the requirements of CDBG No. C02004.
4. GRANTOR COVENANTS AND AGREES AS FOLLOWS:
a. Grantor warrants that it holds good and merchantable title to the property described herein, free
and clear of all liens, encumbrances, reservations, restrictions, easements and adverse claims
except those specifically listed in Exhibit "A" attached hereto. Grantor covenants that it wilt
forever defend Beneficiary's and Trustee's rights hereunder and the priority of this Trust Deed
against the adverse claims and demands of all persons except those related to claims specifically
listed in Exhibit "A".
b. Grantor, immediately upon the execution and delivery of this Trust Deed, shaIl cause this Trust
Deed to be recorded in such manner and in such places as may be required by any present or
future law in ordelf to perfect, and continue perfected, the lien and estate of this Trust Deed.
Grantor shaIl pay all filing and recording fees, and all expenses incident to the execution, filing,
recording and acknowledgment of this Trust Deed.
c. The real property described herein shall be operated and maintained as the Project described in
Exhibit "E" of the Grant Agreement or for other purposes which meet one of the national
objectives of the Community Development Block Grant Program and which are eligible under
Section 105 of the Housing and Community Development Act of 1974, as amended, 42 V.S.C.
~5305 (1994).
d. Any change of use of the real property described herein must be made in accordance with the
standards provided in 24 c.P.R. 570.489U) (1997).
e The foIlowing language must be included in any contract which transfers the real property
described herein from Grantor to another party:
"It is understood and agreed that this conveyance is made and accepted, and the realty is
transferred, on and subject to the covenant, condition, restriction, and reservation that the realty
must continue to be used for the purpose of a Head Start Center as specified in the grant
documents or for another eligible use under Title I of the Housing and Community Development
Act of 1974, as amended, 42 V.S.C. gg5301-5321 (1994).
This covenant, condition, restriction, and reservation shall apply to and run with the conveyed
land. If the realty is not used for the above purposes, then all the right, title, and interest in and to
the described property and to the improvements on such property, shaIl revert to and revest in
Farmworker Housing Development Corporation or its successors and assigns, as fully and
completely as if this instrument had not been executed.
No reversion shall render invalid or operate in any way against the lien of any mortgage or deed
of trust given with respect to the conveyed realty in good faith, and for value; and on any such
Page 3 - Trust Deed
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reversion Farmworker Housing Development Corporation shall take title to the conveyed realty
subject to any such mortgage or deed of trust. Provided, however, that should any such mortgage
or deed of trust be foreclosed, then the title acquired by such foreclosure, and the person or
persons who thereby and thereafter become the owner or owners of the conveyed realty, shall be
subject to and bound by all the restrictions contained in this instrument; and further provided, that
Farmworker Housing Development Corporation may enforce any covenant, condition, and
restriction by any other appropriate action at its sole option."
f. The following language must be included in any deed that transfers the real property conveyed
herein from Grantor to another party:
"This deed is subjfct to all covenants, restrictions, and agreements of record that are made a part
of this deed by reference, including the [INSERT NAME OF DOCUMENT OF SALE OR
TRANSFER] which by this reference is incorporated herein, as though such covenants,
restrictions, and agreements were fully set forth in this deed. Should any mortgage or deed of
trust be foreclosed on the property to which this instrument refers, then the title acquired by such
foreclosure, and the person or persons who thereby and thereafter become the owner or owners of
such property, shall be subject to and bound by all the restrictions, conditions, and covenants set
forth in this instrument."
g. To provide and continuously maintain fire insurance and liability coverage as provided herein.
Grantor shall obtain, and at all time keep in effect, liability insurance issued by a company
authorized to transact business in Oregon, which coverage shall cover all professional activities
on, and any injury or loss arising from the condition of, the premises. The policy shall provide
for 30 days' written notice to Beneficiary prior to cancellation ofthe policy. The insurance shall
have limits provid~d therein of at least $50,000 to any claimant for any number of claims for
damage to property arising out of a single accident or occurrence, $200,000 for injury to anyone
person, and $500,000 for total injuries or damages arising out of a single accident or occurrence.
h. Grantor shall not create or suffer or permit to be created any mortgage, deed of trust, lien, security
interest, charge or encumbrance upon the Trust Estate prior to, on a parity with, the lien of this
Trust Deed, except as specifically provided in Exhibit A attached hereto. Should Grantor, after
having been provided the notice and opportunity to cure required by paragraph 3 above, fail to
make payment of any taxes, assessments, insurance premiums, liens or other charges payable by
Grantor, either by direct payment or by providing Beneficiary with funds with which to make
such payment, Beneficiary may, at its option, make payment thereof, and the amount so paid,
with interest at the market rate, together with the obligations described in paragraphs 9 and 10 of
this Trust Deed, shall be added to and become a part of the performance secured by this Trust
Deed, without waiver of any rights arising from breach of any of the covenants hereof. For such
payments, with interest as aforesaid, the property hereinbefore described, as well as Grantor, shall
be bound to the same extent that they are bound for the payment of the obligation herein
described. All such payments shall be immediately due and payable without notice, and the
nonpayment thereof shall, at the option of Beneficiary, render all sums secured by this trust deed
immediately due and payable and shall constitute a breach of this Trust Deed.
I. To pay all costs, fees and expenses of this trust, including the cost of title search, as well as the
other costs and expenses of Trustee incurred in connection with or in enforcing this obligation,
and trustee and attorney fees actually incurred.
Page 4 - Trust Deed
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J. To appear in and defend any action or proceeding purporting to affect the security rights or
powers of Beneficiary or Trustee; and in any suit, action or proceeding in which Beneficiary or
Trustee may appe~r, including any suit for the foreclosure of this deed or any suit or action
related to this instrument, including but not limited to its validity and/or enforceability, to pay all
costs and expenses, including evidence of title and Beneficiary's or Trustee's attorney fees. The
amount of attorney fees mentioned in this paragraph in all cases shall be fixed by the trial court,
and in the event of an appeal from any judgment or decree of the trial court, Grantor further
agrees to pay such sum as the appellate court shall adjudge reasonable as Beneficiary's or
Trustee's attorney fees on such appeal.
k. If Grantor, after having been provided the notice and opportunity to cure required by paragraph 3
above, fails to perforn1 or observe any of the convenants or agreements hereunder, Beneficiary
may, without obligation to do so, obtain or pay the same or take other action which it deems
appropriate to remedy such failure. All sums, including reasonable attorney fees, so expended or
expended to maintain the lien or estate of this Trust Deed or its priority, or to protect or enforce
any of Beneficiary's rights hereunder, or to recover any indebtedness secured hereby, shall be.a
lien on the Trust estate, shall be secured by this Trust Deed, and shall be paid by Grantor upon
demand, together with interest thereon at the statutory rate. No payment or other action by
Beneficiary under this section shall impair any right or remedy available to Beneficiary or
constitute a waiver of any default.
5. IT IS MUTUALLY AGREED THAT:
a. In the event that allY portion or all of the property shall be taken under the right of eminent
domain or condemnation, Beneficiary shall have the right, if it so elects, to require that all or any
portion of the monies payable as compensation for such taking which are in excess of the amount
required to pay aU reasonable costs, expenses and attorney fees necessarily paid or incurred by
Grantor in such proceedings, shall be paid to Beneficiary and applied by it first upon any
reasonable costs and expenses and attorney fees, both in the trial and appellate courts, necessarily
paid or incurred by Beneficiary in such proceedings, and the balance applied upon the
indebtedness secured hereby. Grantor agrees, at its own expense, to take such actions and execute
such instruments as shall be necessary in obtaining such compensation promptly upon
Beneficiary's request.
b. At any time, and from time to time upon written request of Beneficiary, payment of its fees and
presentation of this deed, without affecting the liability of any person for the payment of the
indebtedness, trustee may (a) consent to the making of any map or plat of the property; (b) join in
granting any easement or creating any restriction thereon; (c) join in any subordination or other
agreement affecting this deed or the lien or charge thereof; or (d) reconvey, without warranty, all
or any part of the property. Grantee in any reconveyance may be described as the "person or
persons legally entitled thereto," and the recitals therein of any matters or facts shall be
conclusive proof of the truthfulness thereof. Trustee fees for any of the services mentioned in this
paragraph shall be not less that $5.
c. Upon any default by Grantor hereunder, after having been provided the notice and opportunity to
cure required by paragraph 3 above, Beneficiary may, at any time without notice, either in person,
by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any
security for the indebtedness hereby secured, enter upon and take possession of the property or
any part thereof, in its own name sue or otherwise collect the rents, issues and profits, including
Page 5 - Trust Deed
66
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those past due and unpaid, and apply the same, less costs and expenses of operation and
collection, including reasonable attorney fees, upon any indebtedness secured hereby, and in such
order as Beneficiary may determine.
d. The entering upon and taking possession of the property, the collection of such rents, issues and
profits, or the process of fire and other insurance policies or compensation or awards for any
taking or damage of the property, and the application or release thereof as aforesaid, shall not
cure or waive any default or notice of default hereunder, or invalidate any act done pursuant to
such notice.
e. If, after having been provided the notice and opportunity to cure required by paragraph 3 above,
Grantor defaults irtl payment of any indebtedness secured hereby or in Grantor's perforn1ance of
any agreement hereunder, time being of the essence with respect to such payment and/or
performance, Beneficiary may declare all sums secured hereby immediately due and payable. In
such event, Beneficiary may elect to proceed to foreclose this Trust Deed in equity as a mortgage
or direct Trustee to foreclose this Trust Deed by advertisement and sale, or may direct Trustee to
pursue any other right or remedy, either at law or in equity, which Beneficiary may have. In the
event Beneficiary elects to foreclose by advertisement and sale, Beneficiary or Trustee shall
execute and cause to be recorded a written notice of default and election to sell the property to
satisfy the obligation secured hereby whereupon Trustee shall fix the time and place of sale, give
notice thereof as then required by law and proceed to foreclose this Trust Deed in the manner
provided in ORS 86.735 to 86.795.
f. After Trustee has commenced foreclosure by advertisement and sale, and at any time prior to 5
days before the date Trustee conducts the sale, Grantor or any other person so privileged by ORS
86.753 may cure the default or defaults. If the default consists ofa failure to pay, when due, sums
secured by the Trust Deed, the default may be cured by paying the entire amount due at the time
of the cure other than such portion as would not then be due had no default occurred. Any other
default that is cap~ble of being cured may be cured by tendering the performance required under
the obligation or tIUst deed. In any case, in addition to curing the default or defaults, the person
effecting the cure shall pay Beneficiary all costs and expenses actually incurred in enforcing the
obligation of the ThIst Deed, together with Trustee and attorney fees not exceeding the amounts
provided by law.
g. Otherwise, the sale shall be held on the date and at the time and place designated in the notice of
sale or the time to which the sale may be postponed as provided by law. Trustee may sell the
property either in one parcel or in separate parcels and shall selI the parcel or parcels at auction to
the highest bidder for cash, payable at the time of sale. ThIstee shall deliver to the purchaser its
deed in form as required by law conveying the property so sold, but without any covenant or
warranty, express or implied. The recitals in the deed of any matters of fact shall be conclusive
proof of the truthfulness thereof. Any person, excluding Trustee, but including Grantor and
Beneficiary, may purchase at the sale.
h. When Trustee sells pursuant to the powers provided herein, Trustee shall apply the proceeds of
sale to payment of: (I) the expenses of sale, including the compensation of Trustee and a
reasonable charge by Trustee's attorney; (2) to the obligation secured by the Trust Deed; (3) to all
persons having recorded liens subsequent to the interest of Trustee in the Trust Deed as their
interests may appear in the order of their priority; and (4) the surplus, ifany, to Grantor, or to any
successor in interest entitled to such surplus.
Page 6 - Trust Deed
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I. Beneficiary may, from time to time, appoint a successor or successors to any Trustee named
herein or to any successor Trustee appointed hereunder. Upon such appointment, and without
conveyance to th~ successor Trustee, the latter shall be vested with all title, powers and duties
conferred upon any Trustee herein named or appointed hereunder. Each such appointment and
substitution shall be made by written instrument executed by Beneficiary, which, when recorded
in the mortgage records of the county or counties in which the property is situated, shall be
conclusive proof of proper appointment of the successor Trustee.
J. Trustee accepts this trust when this deed, duly executed and acknowledged, is made a public
record as provide<;i by law. Trustee is not obligated to notify any party hereto of pending sale
under any other deed of trust or of any action or proceeding in which Grantor, Beneficiary or
Trustee shall be a party unless such action or proceeding is brought by Trustee.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS
INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE
TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY
PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY
LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS
30.930.
IN WITNESS WHEREOF, Grantor has executed this instrument the day and year first written above
GRANTOR
Farmworker Housing Development Corporation
By:
Roberto Franco, Executive Director
STATE OF OREGON
)
) ss.
)
County of Marion
The foregoing instrument was acknowledged before me this _ __ day of
2002 by
Notary Public for Oregon
My Commission Expires:
Page 7 - Trust Deed
68
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EXHIBIT "A"
Exhibit "A" is in the process of being updated and
will be provided at the November 25, 2002 City
Council meeting.
69
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MEMORANDUM ~
To: For Council Action, through the City Administratorb
From: David N. Torgeson, P.E., through the Public Works Director
Subject: Contract award for Cipriano Ferrel Education Center
Date: November 25, 2002
RECOMMENDA TION~
It is recommended thclt the City Council award the contract for Cipriano Ferrel
Education Center to the lowest responsible bidder, Centrex Construction, Inc. in the
amount of $991 ,315.00, which amount includes Base Bid plus Bid Alternates NO.1 and
NO.2.
BACKGROUND:
The contract is in conjunction with Project No.2002-032-30, Bid No. 23-04. The City of
Woodburn is the recipient of a Community Development Block Grant for the project,
and will administer the construction contract through an agreement with Farmers'
Housing Development Corporation (FHDC), owner of the property upon which work will
be performed. Bids were opened publicly on October 17, 2002 at 3:00 PM. Staff
received a total of fifteen qualified bids as listed below in ascending order. (Base bids
are shown.)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Centrex Construction
R.B. & G. Construction
Pro.. T ek Construction
Sileo Construction
First Cascade Corporation
2KG Construction
Cedar Mill Construction
Precision Construction
Team Construction (N/R)
J.E. Inc.
Corp, inc.
Nomarco Construction
Cisneros Construction
Sheets Construction
Woodburn Construction
$975,000.00
$1,045,500.00
$1,062,740.00
$1,070,000.00
$1,079,800.00
$1,079,890.00
$1,089,000.00
$1,098,290.00
$1,119,700.00
$1,148,845.00
$1,170,000.00
$1,173,000.00
$1,183,823.00
$1,186,800.00
$1,197,000.00
Aggregate total of two Alternates is $16,315.00. The Alternates include work on
Stormwater basin and parking lot that were not included in the Base Bid, but which the
Architect and FHDC wish to include in the work.
Contract payments will not be at City expense. Requests for payment will be tendered
to FHDC, who will be responsible for payments to the Contractor, the Architect, and
others performing services or work relating to the project. The City Administrator has
verified that FHDC has the financial capacity to enable undertaking this work.
.
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lIe
MEMO
FROM THE WOODBURN CITY A1TORNEY
FROM:
John Brown, City Adrninistra[O~ C
N. Rohert Shields, City Attorney (ll't )
November 18, 2002
TO:
DATE:
RE:
City COlJncil Options For Reconsidering
Call UpOf Land Use Partition No. 02-01
At its November 12,2002 meeting, the City Council called up Partition No. 02-01 for a public
hearing and review. You asked me what legal procedure is available if the City Council wants to
reconsider this decision.
The recently adopted Woodburn Development Ordinance (WDO) does not specifically address
this situation. However, under the Woodburn City Charter, the City has reserved for itself all
powers that are necessary for the conduct of its municipal affairs and these powers are exercised
through its City Council. If in the case of Partition No. 02-01 the City Council now wants to let
the Community Development Director's land use decision stand and not review this matter, a
motion to rescind is in order. The appropriate motion would be to rescind the City Council's
decision made on November 12,2002 to call up Partition No. 02-01.
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14A
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-5246
Date:
November 25, 2002
Honora~le Mayor and City Council through City Administrato~
Jim MulQer, Director of Community Development 'ifJ1
Planning Commission's Action on Site Plan Review 02-06 and
Variance 02-03.
To:
From:
Subject:
On November 21, 2002, the Planning Commission adopted a final order approving a
site plan review application and variance application on property located at 395
Shenandoah. This decision is final unless appealed or the City Council calls this
decision up for review.
APPLICATION INFORMATION:
Applicant &
Property Owner:
Kerr Contractors, Inc.
19350 SW 89th Avenue
Tualatin, OR 97062
NATURE OF THE APPLICATION:
The applicant requests approval to construct an 8,300 square foot contractor's office,a
20,000 square foot storage building and an equipment storage yard on an 11.11 acre
site located at 395 Shenandoah Lane in the IL (Light Industrial) District. In conjunction
with the site plan review application, the applicant requests approval of a variance from
the minimum street right of way width requirement of 50 feet to allow a reduced right of
way width and a variance from the maximum length of a private street of 150 feet to
allow a greater length.
RELEVANT FACTS:
The subject property is located adjacent to the north city limit between Front Street and
Boones Ferry Road, approximately 800 feet south of Crosby Road. The property is
addressed at 395 Shenandoah Lane, further identified on Marion County Assessor
Maps as Township 5 South, Range 1 West, Section 5C, Tax Lot 1000.
The applicant is proposing to construct an 8,300 square-foot office building and a
20,000 square-foot equipment shop as part of this development. The office is proposed
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to be located on the most northeasterly section of the subject property, and the shop
would be located to the west (rear) of the office. There is an existing building on the
subject property near the north end of the stem. This building consists of a previously-
used single-family home with an attached garage. The applicant is proposing to use the
single-family structure for additional storage. With the garage, this structure provides a
footprint approximately 1,750 square feet in size.
The remainder of the developed site will be utilized for parking, landscaping, access,
and a large gravel storage area for construction equipment. The size of the property is
11.11 acres, and the proposed development would occupy approximately six acres.
The portion of the site to be developed is fairly flat. There are a number of trees on the
property which the applicant is proposing to retain. Mill Creek flows along the property's
west side, and there is an approximate 20-foot drop in elevation at this location as
compared to the portion of property to be developed. There would be approximately
400 feet between the development and Mill Creek. Although the Woodburn Local
Wetlands Inventory Map does not show wetlands on the property, it is believed that
significant wetlands exist on the western fringe of the subject property associated with
Mill Creek. The Oregon State Division of State Lands, the agency which regulates
wetlands, has commented that the project avoids ground alteration in wetlands and
waterways.
The subject property is zoned Light Industrial (IL) District. The Woodburn City Limit and
Urban Growth Boundary (UGB) extend along the north property line. The adjacent
property to the north is under Marion County's Exclusive Farm Use (EFU) zone, and it is
currently used as farmland. There are a number of adjacent properties to the east. The
most northerly of these is a large parcel with a single-family residence. This property is
outside of the City under Marion County's Urban Transition Farm (UTF) zone and is
within the UGB; this property is designated on the Woodburn Comprehensive Plan Map
as Industrial. The rem$ining properties to the east are zoned IL and consist of industrial
facilities and a vacant property along the north side of Shenandoah Lane. The adjacent
properties to the west and south are outside of the City and developed with single-family
residences and a portion of the OGA Golf Course. The single-family residences are
under the UTF zone and are within the UGB; these properties are designated on the
Woodburn Comprehensive Plan Map as Industrial as well. The portion of the golf
course outside of the City is under the EFU zone and is outside of the UGB.
Access to the site is proposed from Shenandoah Lane which is 30 feet wide with a
dirUgravel surface. It is currently substandard for a city street. Originally the subject
property was a large flag lot, and Shenandoah extended to the stem of the lot, which
currently has a driveway with a width of 20 feet. The stem extended along the east
boundary of the three adjacent single-family residential properties. There is an access
easement to the driveway, and the three residences share this easement for access to
Shenandoah Lane. The portion of the site proposed to be developed is approximately
1,380 feet from the nearest improved road (Front Street). Approximately half of that
distance is along the dedicated Shenandoah Lane, and half along the driveway.
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In November of 2000, the City received notice that large construction equipment and
vehicles were being moved to and stored on the subject property. The City investigated
this and found that the property owner, Kerr Contractors, was in violation of the
Woodburn Zoning Ordinance by locating on the property without Site Plan Review
approval. As a result, a code enforcement case was opened to initiate proceedings to
resolve the violation. The applicant was informed that the equipment and vehicles could
remain on the property if application for Site Plan Review was made and as long as
such application remained pending and was eventually approved. The applicant
applied for Site Plan Review (SPR 00-30) in December of 2000 and granted the City
several 120-Day extensions to keep the application pending while access issues were
addressed, thereby allowing them to remain on the property in the meantime. In
response to changes to development plans, the application was withdrawn on August
27, 2001 and was replaced with site plan review application SPR 01-09, which was
submitted on August 23,2001.
On December 6, 2001, the Planning Commission adopted a final order denying SPR
01-09 due to the project's lack of compliance with multiple zoning requirements. Among
these were lack of sufficient right of way on Shenandoah Lane which would not provide
for a safe street improvement and the private street exceeded the maximum allowed
length of 150 feet. The applicant did not appeal the Planning Commission's decision
and consequently the code enforcement case remains open. Following the denial of
SPR 01-09 the applicant's attorney informed the City of the applicant's intention to make
a takings claim against the City.
Following months of negotiations between the applicant, City staff, and their respective
legal counsels, the applicant agreed to submit a new site plan review application
addressing the issues that led to denial of the previous application. This application
was filed in June of 2002 and, therefore, must be processed under the standards of the
previous zoning ordinance and not the current Woodburn Development Ordinance
which became effective July 1, 2002. The current site plan review application includes
an application for two variances. One to allow a reduced right of way width for
Shenandoah Lane and the other to allow a greater private street length.
The applicant has attempted to modify the site plan to address all other issues
pertaining to the denial of the previous application. For example, the applicant has
contracted to acquire approximately two acres of property on the east side of the flag lot
stem to provide for a widened private access and to allow Shenandoah to be improved
with a cul-de-sac meeting city standards. City staff has recently approved a property line
adjustment application (PLA 02-03) needed to accomplish this transaction.
Consequently, the parcel is no longer a "flag lot" in that the "pole" of the flag lot is over
100 feet wide and not just an access strip.
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14B
CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-5246
Date:
November 25, 2002
~
Honorable Mayor and City Council through City AdministratorY
To:
From:
1
Jim Mulder, Director of Community Development 'j '1v1
Subject:
Planning Commission's Action on Variance 02-04.
On November 21, 2002, the Planning Commission adopted a final order denying a
variance application to allow for two additional wall signs; one on the front (east)
elevation and one on the south elevation of the Wells Fargo tenant space located at
1530 N. Pacific Highway, Suite 100. This decision is final unless appealed or the City
Council calls this decision up for review.
Applicant:
Craig Davis
GBD Architects
920 S.W. Third Avenue
Suite 4000
Portland, OR 97204-2483
Property Owner:
Pacific Realty Associates, L.P.
c/o Andrew Jones
15350 S.W. Sequoia Parkway, Suite 300
Portland, OR 97224
NATURE OF APPLICATION: The applicant requests variance approval to allow for
two additional wall signs; one on the front (east) elevation and one on the south
elevation of the Wells Fargo tenant space located at 1530 N. Pacific Highway, Suite
100. A variance for each proposed sign is required since the Woodburn Sign Ordinance
allows only one wall sign for each individual business in an integrated business center
in the Commercial General (CG) District, the zoning designated for the subject site.
RELEVANT FACTS: The subject site is located at 1530 N. Pacific Highway, Suite 100,
further identified on Marion County Assessor Maps as Township 5 South, Range 1
West, Section 8A, Tax Lots: #100, 200 and 500. The size of the property is 10.36 acres
and is relatively flat.
The subject property is zoned Commercial General (CG) and has a Comprehensive
Plan designation of Commercial. Property across Highway 211 to the north is
developed with commercial uses and a single-family dwelling and zoned CG. Property
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across Highway 99E to the west is developed with commercial uses and is zoned CG.
Adjoining property to the south is developed with a church and is zoned CG. Adjoining
property to the east is undeveloped and zoned Commercial Office (CO).
On April 11, 2002 the Woodburn Planning Commission adopted a final order approving
a variance to the sign ordinance that allowed a 52 square foot directional sign at the
Highway 211 driveway entrance for the service station, five wall signs for the Safeway
store, and two wall signs per business for Buildings 2 (location of Wells Fargo tenant
space), 3, 4, and 5. Only one wall sign is permitted per business in an integrated
business center per section 12(C) of the Woodburn Sign Ordinance (WSO).
The shopping center that the Wells Fargo tenant space is located in is classified by the
WSO as an "integrated business center". The applicant proposes a variance to the
wso to allow for two additional wall signs for their business. A variance has been
previously approved on the subject site that allows the Wells Fargo tenant space to
have two wall signs when only one wall sign is allowed per the WSO. The applicant is
now requesting approval for two more wall signs so that a total of four wall signs can be
placed on the Wells Fargo tenant space. The first variance (identified as Variance A) is
a variance to Section 12(C) of the WSO to allow for an additional 3 square foot
informational (A TM) wall sign to be placed on the east elevation of the Wells Fargo
tenant space. The second variance (identified as Variance B) is a variance to Section
12(C) of the WSO to allow for a 24 square foot wall sign to be placed on south
elevation.
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11/25/02 16: 03
"0'503 417 0147
OLS CENTRAL
~
COMMUNITY DEVELOPMENT LAW CENTER
700 SW TAYLOR STREET, SUITE 310
PORTLAND, OREGON 97205
(503) 471-U82 (VOICE); (503) 417-0147 (FAX)
charlie.harris@lasoregon.urg
November 25,2002
Mr. John Brown, City Adrpinistrator
City of Wood bum
270 Montgomery Street
Woodburn. OR 97071
Re: Prior State Lien
Dear Mr. Brown:
I would like to take thi~ opportunity to explain exception 13 on the Amended Preliminary Title Report
dated November 12,2002, The FHDC bad previou~ty represented to the City that this amount would be
reduced to $40,000, thereby enhancing the City's security position. Nonetheless, this exception
continues to list a trust d~ securing an indebtedness of $87,500 for the benefit of Oregon Housing and
Community Services Dep~ent (ReS)-
As confmned in the attacbed letter from RCS, the FHDC has in fact reduced the amount owed to ReS
to $40,000. The trnst deed remains at t.he higher level because it had secured two promissory notes
totaling $87,500: one for $47,500 (the ORR loan), which the FHDC recently paid of'f: and one for
$40)000 (the Seed Money Advance Loan), which is still outstanding. While the face amount of the trust
deed remains at $87,500 (until the second loan is paid off), the attached letter makes clear that FHDC
has fully satisfied $47,500 of this amount.
Please do not hesitate to contact either Dee Vance at HCS or myself if you have any questions.
'~
harlie Harris,
Attorney at Law
On behalf of the Fannworker Housing Development Corp.
Cc: Roberto Franco
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~002
11/25/02 16:04
NOU-25-2002 16:28
ft503 417 0147 OLS CENTRAL
ORE HOUS I NG COMM SERU I CES
~3 986 2125
141 003
P.02
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Housing and Community Services
Street Address: 1600 State Street
Mailing Addre5s: PO Box 14508
Salem. OR 97309-Q409
(503) 986-2000
FAX (503) 98&-2020
TIY (503) 986.2100
WWW.hc5.5tate_or.us
regon
John A. Kitz:hAber, M.D., Covcmor
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November 25, 2002
s~ w.S~"
Charlie Harris, Atto~ey
Community Development Law Center
700 SW Taylor Street, Suite 310
Portlan~ Oregon 91205
RE: FannworkerHousing Development COIporation
Villa del Sol Project
Dear Mr. Harris,
This letter is to con:$rm that Fannworker Housing Development Cotporation (the
'"Borrower") paid ~ir Oregon Rural Rehabilitation (ORR) loan in fUll, including the
principal amoWlt of$47,500.
The Borrower also bas u. Seed Money Advance Loan (SMAL) in the principal amount of
$40,000 (plus fees) due and payable by December 31, 2002.
The Trust Deed in the face amoWlt of $87,500 covered both the ORR and SMAL loans.
The Trust Deed will be fully reconveyed. upon repayment of the SMAL loan. The
Promissory Notes for the ORR loan have already been marked "paid in fulL"
If I can be of any further help, please don't hesitate to con~t me.
J:' !/~
Dee Vance, Predev~1opment Loan Officer
Housing Finance Section
(503) 986-0981
fax (503) 986-2125
TOTAL P.02
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EXHIBIT "A"
1. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted
in a document.
Granted to:
Purpose:
Recorded:
Affects:
Marion County
Slopes and drainage
October 8, 1971, Book 713, Page 686
Exact location not set forth
2. Limited access as set forth in deed from Milbro, Inc. to Marion County, recorded
October 8, 1971, Book 713, Page 686 which provides that no right of easement or
right of access to, from or across the State Highway, other than expressly provided
for, shall attach to the abutting property.
Affects:
See document for exact location
3. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted
in a document.
Granted to:
Purpose:
Recorded:
Affects:
City of Woodburn
Utilities
November 2, 1977, Book 101, Page 749
See plat for exact location
4. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted
in a document.
Granted to:
Purpose:
Recorded:
Affects:
Northwest Natural Gas Company
Gas pipeline(s)
August 2, 1979, Book 178, Page 950
See document for exact location
5. Project Use Agreement, including the terms and provisions thereof.
Recorded:
April 8, 1993, Reel 1049, Page 135
Said document has been amended by instrument
Recorded:
July 6, 1994, Book 1177, Page 413
6. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted
in a document.
Granted to:
Purpose:
Recorded:
Adjoining property owners
Access
March 4, 1998, Book 1467, Page 261
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7. A deed of trust to secure an indebtedness in the amount shown below, and any other
obligations s~cured thereby.
Amount:
Dated:
Grantor:
Trustee:
Beneficiary:
Recorded:
$87,500.00
None shown
Farmworker Housing Development Corporation
Fidelity National Title Company of Oregon (Woodburn)
Oregon Housing and Community Services
December 4, 2001, Book 1870, Page 459
8. A deed of trust to secure an indebtedness in the amount shown below, and any other
obligations secured thereby.
Amount:
Dated:
Grantor:
Trustee:
Beneficiary:
Recorded:
~
$20,000.00
October 22, 2002
Farmworker Housing Development Corporation
Adrian Dominican Sisters-Porttolio Board
Sisters of Saint Dominic, Congregation of the most Holy Rosary,
Adrian Michigan
October 22,2002, Book 2013, Page 342
2
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OPENING STATEMENT FOR LAND USE HEARINGS
REQUIRED BY ORS CHAPTER 197
This is the time set for public hearing in the matter of_Subdivision Application No. 02-03.
The nature of this hearin$ is to review a request to subdivide the existing Woodburn Crest
Estates Mobile Home Park into a 45-lot subdivision The subject property is located at 2050
Molalla Road.
The applicant in this matter is Jerry Jennings.
1. The law requires the City to list all substantive criteria relevant to each hearing. The
applicable substatltive criteria is listed in the notice of public hearing and is as follows:
OREGON REVI$ED STATUTE Chapter 92
WOODBURN ZONING ORDINANCE
Chapter 7. Public Hearings
Chapter 8. Gen.eral Standards
Chapter 9. Residential Standards
Chapter 10. OfftStreet Parking, Loading and Driveway Standards
Chapter 19. Manufactured Dwelling Siting Standards
Chapter 26. Multiple Family Residential (RM) District
Chapter 39. Mandatory Parkland Dedication or Cash-In-Lieu-Of
WOODBURN SUBDIVISION STANDARDS
WOODBURN TRANSPORTATIONS SYSTEM PLAN
WOODBURN ACCESS MANAGEMENT ORDINANCE
The full text of all listed criteria is printed in the staff report which has been distributed prior
to this hearing.
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
C:\Mulder's X-Files\Woodburn Files\Other\Opening Statement for City Council Hearing.wpd
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precludes 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:
(a) continuing the public hearing to a specific date and time at least seven days from
the date ot 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 cQntinued and new written evidence is submitted at the continued hearing,
any person may rl;lquest, prior to the conclusion of the continued hearing, that the record be
left open for at lea$t seven days to submit additional written evidence or testimony to respond
to the new written evidence. Ifthe 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 tlle 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. We will now proceed with the staff report.
C:\Mulder's X-Files\Woodburn Files\Other\Opening Statement for City Council Hearing.wpd
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