Agenda - 01/12/2004e
WOODBURN CITY COUNCIL
AGENDA
JANUARY 12, 2004 - 7:00 P.M.
CALL TO ORDER AND FLAG SALUTE
ROLL CALL
ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. City Hall and the Woodburn Public Library will be closed
Monday, January 19, 2004, in observance of the Martin Luther
King holiday. The Aquatic Center will be open.
Bo
Transportation System Plan Open House on January 20, 2004,
4:00 to 7:00 p.m. in the Council Chambers.
Appointments:
C. Committee/Board Appointments
PROCLAMATIONS/PRESENTATIONS
Proclamations:
None
Presentations:
None.
COMMITTEE REPORTS
A. Chamber of Commerce
B. Woodburn Downtown Association
· 'Habra int6rpretes ~isponi~les para a4u~[las personas clue no ~a~lan InOl~s/ previo acuerbo, comuniquese
a[ (5o3) 980-2.485."
January 12, 2004 Council Agenda Page i
6. COMMUNICATIONS
e
e
A. Mid-Willamette Valley Council of Governments Annual
Meeting
B. Letter from Johanna Solorio
BUSINESS FROM THE PUBLIC (This allows the public to introduce items
for Council consideration not already scheduled on the agenda.)
CONSENT AGENDA - 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.
ke
Woodburn City Council minutes of December 8, 2003, regular
and executive sessions
Recommended Action: Approve the Woodburn City Council
minutes.
Be
Woodburn Recreation and Parks Board draft minutes of
December 9, 2003
Recommended Action: Accept the Woodburn Recreation
and Parks Board draft minutes.
Ce
Woodburn Planning Commission minutes of December 4, 2003
Recommended Action: Accept the Woodburn Planning
Commission minutes.
De
Woodburn Planning Commission minutes of December 11,2003
Recommended Action: Accept the Woodburn Planning
Commission minutes.
Woodburn Public Library Monthly Report for November 2003
Recommended Action: Accept the report.
Fe
Building Activity for December 2003
Recommended Action: Receive the report.
G. Planning Tracking Sheet dated December 30, 2003
Recommended Action: Receive the report.
H. Woodburn Memorial Aquatic Center Revenue Comparison
Recommended Action: Receive the report.
2
3
7
15
17
24
31
32
33
36
January 12, 2004 Council Agenda Page ii
Woodburn Recreation Division Participation
Comparisons
Recommended Action: Receive the report.
& Revenue
38
9. TABLED BUSINESS
None.
10.
11.
GENERAL BUSINESS
ke
Council Bill No. 2492 - Ordinance levying the assessment of
costs for the improvement of East Hardcastle Avenue from
Pacific Highway 99E to the east city boundary and declaring
an emergency
Recommended Action: Adopt the ordinance.
Council Bill No. 2493 - Resolution setting amount of the Parks
and Recreation Systems Development Charge, Alternative
Rate Review fee, Alternative Payment Request fee imposed by
Ordinance No. 2250; and establishing an effective date for
imposition of the fees
Recommended Action: Adopt the resolution.
Engineering Report for Boones Ferry Road
Recommended Action: Approve the engineering report for
Boones Ferry Road Improvement from State Highway 214 to
Goose Creek, and direct staff to prepare a resolution of intent
to improve.
PUBLIC HEARINGS
Ae
Annexation 02-01 and Zone Change 02-02; Annexation and
Zone Change on Industrial Welding Supply, Inc. property
located at 600 and 610 North Pacific Highway
Recommended Action: Approve Annexation 02-01 and Zone
Change 02-02 and instruct staff to prepare an ordinance to
substantiate the Council's decision.
39
49
54
70
12.
13.
PUBLIC COMMENT
NEW BUSINESS
January 12, 2004 Council Agenda Page iii
14.
15.
16.
17.
18.
PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These
are Planning Commission or Administrative Land Use actions that
may be called up Dy the City Council.
A. Planning Commission's Approval of Design Review 03-22 and
Variance 03-28 (adjacent 576 Ray J. Glatt Circle)
Be
Planning Commission's Approval of Design Review 03-20 and
Variance 03-26 (1000 Country Club Road)
C. Planning Commission's Approval of Partition 03-03 and
Variance 03-32 (865 Hardcastle Avenue)
CITY ADMINISTRATOR'S REPORT
MAYOR AND COUNCIL REPORTS
EXECUTIVE SESSION
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).
Bo
To consider records that are exempt by law from public
inspection pursuant to ORS 192.660 (1)(f).
To conduct deliberations with persons designated by the
governing body to negotiate real property transaction
pursuant to ORS 192.660(1)(e).
ADJOURNMENT
122
124
126
January 12, 2004 Council Agenda Page iv
3A
January 9, 2004
TO:
FROM:
SUBJECT:
City Council
Kathy Figley, Mayor
Committee/Board Appointments
The following reappointments are made, subject to the approval of the Council.
Please forward any adverse comments to me prior to Council Meeting Monday,
January 12, 2004. No reply is required if you approve of my decisions.
Budget Committee - 3-Year Term:
Position IV Stanley Milne- Reappointment, new term ends 12/31/06
Position V Flurry Stone- Reappointment, new term ends 12/31/06
Planning Commission - 4-Year Term:
Position 3
Position 5
David Vancil - Reappointment, new term ends 12/31/07
Frank Lonergan - Reappointment, new term ends 12/31/07
Recreation & Park Board - 3-Year Term:
Position III
Position IV
Position V
Philip Lagao -Reappointment, new term ends 12/31/06
Rosetta Wangerin - Reappointment, new term ends 12/31/06
Ann N~eyer - Reappointment, new term ends 12/31/06
The Board of Directors of the
Mid- Willamette Valley
Council of Governments
Cordially Invites You to Attend its
Annual Meeting
Keynote Speaker:
Dr. Ethan Seltzer, Director,
School of Urban Studies and Planning
Portland State University
"Close Encounters of the Regional Kind:
Portland & Salem, and the Regional Future"
When:
Time:
Where'
Cost:
Wednesday, January 28, 2004
6 p.m. Social Hour
7 p.m. Dinner & Program
Northwest Viticulture Center
215 Doaks Ferry Road N-W
Salem, Oregon
$27 per person
The evening will include presentation of awards and the
2003 Annual Report. All are invited to attend.
Please submit reservations by
Friday, January 23, 2004
For further information, please contact
Cathy Drawson at (503) 588-6177 or cdrawsonc~ooen.or9
Learn more about MWVCOG at www. mwvcog.org
DALE W. PENN
DISTRICT ATTORNEY
DONALD D. ABAR
WALTER M. BEGLAU
STEPHEN E. DINGLE
JEAN L. KUNKLE
TRIAL TEAM LEADERS
MARION COUNTY DISTRICT ATTORNEY
P.O. BOX 14500, 555 COURT ST NE
SALEM, OREGON 97309
6B
CARL R. STECKER
FAMILY SUPPORT CHIEF DEPUTY
KIMBERLY A. LARSON
VICTIM ASSISTANCE DIRECTOR
CINDI L. AUDISS
ADMINISTRATIVE MANAGER
December 29, 2003
R "D
WOODBURN CITY COUNCIL
270 MONTGOMERY
WOODBURN OR 97071
RE: STATE v.: SOLORIO, JOHANNA
cIRcuIT COURT NO.: 03C47035
JAH O'-ii ~004
WOODB~N
ADMINISTRATOR'S omcE
CHARGE(S): Criminal Mischief in the Second Degree, Woodburn PD 0307610
To Whom It May Concern:
Enclosed you will find a letter of apology written by the above-named defendant.as
ordered in the Judgment Order dated September 2, 2003 signed by Judge Susan M. Tdpp.
If you have any further questions or concerns, please don't hesitate to comact me at
(503) 373-4462.
Sincerely,
Walt Beglau
Deputy District Attorney
Vv'B:sah
CRIMINAL DIVISION (503) 588-5222 JUVENILE DIVISION (503) 588-5389 FAMILY SUPPORT DIVISION (503) 588-5152
.3'
Case # 03-7610
Connect # 03-
Woodburn Police Department
Report Narrative
Incident Type: VANDALISM
Initial [~
Follow-Up ["']
Incident Date:5/23/2003 Incident Time: 1205
Location/760 E Cleveland St
Narrative:
Arrest # 200300007610 created By: SWISHER - on: 5/26/03 8:01:32 AM
On 05123/03 at about 1205hrs I was dispatched to investigate a complaint of vandalism in progress on East
Cleveland St. The complainant was B51 ( Teresa Timmons) of the Woodburn Police Department. She
observed two young females spray painting graffiti on the sidewalk.
When I arrived on the scene I observed four females walking easthound on Cleveland St. near Brown St. I
asked the females if I could talk to them and they all approached me. I asked who was spray painting the
sidewalk and all parties denied the action. A few minutes later B19 and B51 arrived on the scene. B5t
identified the two females that she had observed spray painting graffiti. The other two females were
subsequently released. B51 stated that the female with the pink bag had put the spray paint can in her bag. I
asked the female with the pink bag for voluntar consent to search the bag and she gave consent without
hesitation. The female was later identified as; I opened the top flap of the bag and discovered
an obviously used can of black spray paint. There were remnants of still wet paint on the outside of the can.
Ms. ~ and the other female were taken into custody without incident at that time. Miranda Rights
were read from a prepared card and both females vorbally acknowledged that they understood their rights.
Neither female would comment about the discovery of the spray paint.
I transported both females to the Central Precinct for questioning. Neither female were being cooperative
about giving their identities so B32 cleared from the high school and met us at Central to help aid in
identification. Upon B32 arriving GA Central he immediately recognized both females as previous Woodbum
School students. Their identities were verified via school records. The younger female was identified as
and the older female was identified as Johann Solodo. her sister. While at Central a Maria
Martinez arrived to inquire about her daughters. I informed Mrs. Martinez as to why her two daughters had
been arrested. I explained to her that both of her daughters would be transported to Salem. I further
explained thatll~ould be processed at JDH and Johann would be processed at MCCF. Mrs. Martinez
left Central to await their phone calls from home.
B19 transported both females to Salem to the aforementioned correctional facilities.
Reporting Officer:
Case Status: O-Open
Follow Up Required: 1'--1
Dat[ of Re]~: 6/[7/2003
Assigned to: Initial Officer
By:
Dpss~:
Due:
6
8A
COUNCIL MEETING MINUTES
DECEMBER 8, 2003
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, DECEMBER 8, 2003
CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding.
0008 ROLL CALL.
Mayor Figley Present
Councilor Bj elland Absent
Councilor Cox Present
Councilor McCallurn Present
Councilor Nichols Absent
Councilor Sifuentez Present
Councilor Veliz Present
Staff Present: City Administrator Brown, City Attomey Shields, Police Chief Russell,
Public Works Director Tiwari, Community Development Director Mulder, Parks &
Recreation Director Westrick, Library Director Sprauer, Public Works Manager
Rohman, Management Analyst Smith, City Recorder Tennant
Mayor Figley stated that Councilor Nichols is opening the annual Holiday Concert at the
High School and he plans on attending this meeting later this evening.
0059
ANNOUNCEMENTS.
A) Office Closures: City offices will be closed the afternoon of December 24, 2003 and
all day on December 25, 2003 and January 1, 2004. The Library will open two hours
earlier on December 24th (8:00 a.m. - 12:00 noon) and re-open on December 26th. The
Aquatic Center will be open on December 24~ until 4:00 pm and will reopen on
December 26~. The Library and Aquatic Center will also be closed on January 1, 2004.
B) Dance, Dance, Dance will perform their winter recital at Woodbum High School on
December 13, 2003 at 1:00 p.m. and 3:00 p.m.. The public is invited to attend this
annual recital.
C) Mayor's Holiday Concert featuring local vocalists and musicians will also be held
on Wednesday, December 10, 2003, 7:00 p.m., at Woodburn High School.
D) Love Santa Program is recruiting volunteers to help with the sorting of food,
wrapping gifts, and distribution beginning December 17th and concluding on December
19th. Persons interested in helping with this project are asked to call Vee Ott at. City Hall
E) Woodburn Library will have Mrs. Claus visiting on December 20, 2003, at 1:30
p.m.. Entertainment will include stories, sing-a-longs, comedy magic, and her special
friend Snoops the live bunny rabbit.
Page 1 - Council Meeting Minutes, December 8, 2003
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DECEMBER 8, 2003
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F) Holiday Open House at the Woodbum Historical Museum will be held on December
19th from 2:00 pm until 6:00 pm. Tours of the museum will be conducted by museum
hosts and Vintage movies will be shown during the open house. This is a free community
event and the public is encouraged to attend.
G) Public'Hearing on Annexation 02-01 (Industrial Welding Supply) will be held on
Monday, January 12, 2004, before the City Council at 7:00 p.m. in the Council
Chambers.
0197
PRESENTATION: Conceptual Designs for Remodeling and Expanding the
Woodburn Public Library_.
Tim Eddy, Hennebery Eddy Architects, stated that his finn had been working on this
project with City staff and the Library Board since the latter part of August 2003. He
reviewed the process his firm used to develop the draft design options currently before the
Council. Since the existing Library addition was built in 1977 and the Carnegie building
was built in the early 1900's, windows need either glass replacement or complete window
frame replacement, roof drainage issues exist, ADA accessibility requirements need to be
addressed, there is inadequate or inefficient lighting in the building, interior upgrades in
high use areas is needed, and neither building meets current seismic code requirements.
To make the building more efficient, the conceptual design would remove the existing
interior ramp between the two buildings, improve the visibility of the library space from
the circulation desk for security reasons which would include the relocation of the
existing staircase. This conceptual design takes into account long range goals to the year
2020 such as the establishment of this library as a regional library, providing public
meeting space, and to address programs and resources of a city with a projected
population of 35,000. The existing library building consists of 20,000 square feet, and
based on growth needs, the building needs to expand to 31,000 square feet of useable
area. They developed alternatives for the staff and Board to consider and he reviewed the
alternatives with Council. Of the alternatives presented, Option B was the recommended
proposal. This proposal would provide an opening between the new and older portions of
the building and it would provide for the close offofthe main library in order to provide
after hour meeting space on the ground floor of the Carnegie building. The library would
be expanded to the west along Second Street and the sculped art bricks on that side of the
building would be integrated as much as possible in future expansion, for example, bricks
may be placed in the new entryway, or bricks used as pavers in the childrens' area, or
bricks used as a small screen wall, or bricks being used as a mm'icl wall along the
southeast side of the building. The estimated cost for the full buildout of the proposed
design (31,000 sq. feet total building space) is $3.7 million for construction plus an
additional $725,000 in furnishings and equipment, plus 18% for permit costs and
professional fees, plus 10% project contingency totaling $5.6 million. He stated that this
number does not include any of the City's internal expenses, bonding, legal expenses,
removal or storage of library materials, or computer equipment. In discussing this project
Page 2 - Council Meeting Minutes, December 8, 2003
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COUNCIL MEETING MINUTES
DECEMBER 8, 2003
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with staff, it is a vision for 2020 but the cost for full buildout initially is more than costly
than anticipated. As a result, a phased project has been presented to address some of the
most critical needs first. Phase I would add 1,906 sq. feet and it would move the entry
towards Garfield Street. Phase II would add 7,300 square feet and complete the project.
The estimated cost for Phase I is $3.2 million in 2003 dollars and the estimated cost for
Phase II is $2.9 million which is about $500,000 more than the cost to do the project all at
once.
Councilor Cox questioned if Phase II on-site parking spaces were addressed in this
process since there is limited on-site parking now at the site.
Mr. Eddy stated that parking was addressed, however, it is not possible to add on-site
parking unless the park area was reduced. There are city parking lots nearby and there is
some on-street parking that can be utilized. Additionally, the pull-out on Garfield was
designed as a drop-off site for patrons. The design of the building would not take away
any of the existing on-site parking places.
Councilor McCallum stated that he was disappointed to hear that the integrity of the
Carnegie room has been somewhat destroyed since he had hoped to retain some of the
flavor for the future. He was glad to hear that there were plans being made to save the
bricks since that was a snapshot of Woodbum history even though it only occurred 26
years ago.
Councilor Veliz questioned if there would be a designated technology area.
Mr. Eddy stated that there are several spaces allocated for computers and there will be a
need to provide more computer space in certain areas. He reiterated that the portion of
the Library built in 1977 is now full and the Carnegie building is underused and the
proposed design will maximize use of available area and enhance the facility.
Councilor Cox stated that he would like to see the atrium retained since it is a pleasant
site within the building.
Mayor Figley called for a short recess from 7:47 p.m. until 7:49 p.m..
2922
CHAMBER OF COMMERCE REPORT.
Kristi Olson, representing the Chamber, provided information on upcoming Chamber
events:
1) Business after Hours will be held on December 11th at the Chamber office. This is the
Chamber's annual open house and the public is invited to attend.
2) Greeter's Program will be held on December 12~ at the Colonial Gardens Residential
Care Facility, 1890 Newberg Highway, and at the West Coast Bank, 1385 Mt. Hood
Avenue, on December 192.
3) The Chamber's annual dinner will be held at Tukwila Golf Course's Orchard's Grille
on January 16, 2004. It was suggested that tickets be purchased early since seating is
limited.
Page 3 - Council Meeting Minutes, December 8, 2003
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COUNCIL MEETING MINUTES
DECEMBER 8, 2003
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303~
CONSENT AGENDA.
A) approve Council work session minutes of November 17, 2003, the Council regular
meeting minutes of November 24, 2003, and the Council special meeting minutes of
November 25, 2003;
B) accept the Planning Commission minutes of November 13, 2003;
C) accept the Recreation Division participation report dated December 3, 2003;
D) accept the Building Activity report for November 2003; and
E) accept the Planning Tracking Sheet dated December 2, 2003.
MCCALLUM/COX... adopt the consent agenda as presented. The motion passed
unanimously.
3129 COUNCIL BILL 2488 - RESOLUTION CALLING FOR A PUBLIC HEARING
ON THE ANNEXATION OF PROPERTY LOCATED ON THE EAST SIDE OF
3233
HIGHWAY 99E AND THE NORTH SIDE OF AZTEC DRIVE (600 North Pacific
Hiehway).
Com~cilor Sifuentez introduced Council Bill 2488. Recorder Tennant read 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 Figley declared Council Bill 2488 duly passed.
The public hearing will be held on January 12, 2004 at 7:00 p.m..
COUNCIL BILL 2489 - RESOLUTION INITIATING THE ANNUAL REVIEW
3294
OF TIlE WOODBURN DEVELOPMENT ORDINANCE.
Council Bill 2489 was introduced by Councilor Sifuentez. 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 Figley declared Council Bill 2489 duly passed.
COUNCIL BILL 2490 - RESOLUTION INITIATING CONSIDERATION OF
3353
PROPOSED AMF~NDMENTS TO TIlF~ WOODBURN SIGN ORDINANCE.
Councilor Sifuentez introduced Council Bill 2490. 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 Figley declared Council Bill 2490 duly passed.
COUNCIL BILL 2491 - RESOLUTION ESTABLISHING COMPENSATION
SCHEDULE FOR CERTAIN HOURLY AND SEASONAL EMPLOYEES.
Councilor Sifuentez introduced Council Bill 2491. Recorder Termant read 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 Figley declared Council Bill 2491 duly passed.
Councilor Cox stated that this resolution brings up the current minimum wage level to the
new minimum wage level effective January 1, 2004.
Page 4 - Council Meeting Minutes, December 8, 2003
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COUNCIL MEETING MINUTES
DECEMBER 8, 2003
3484
VACANCIES AND TERM EXPIRATION - CITY BOARDS, COMMISSIONS,
AND COMMITTEES.
Positions with term expiration dates of December 31, 2003 are as follows:
Budget Committee - Position 1V (Stanley Milne), Position V (Flurry Stone)
Planning Commission - Position 2 (Robert Mill), Position 3 (David Vancil), and Position
5 (Frank Lonergan)
Recreation and Park Board - Position Ill (Philip Lagao), Position IV (Rosetta Wangerin),
Position V (Ann Meyer)
Library Board - Position IV (Colleen Vaneil).
Mayor Figley stated that she will be considering reappointment of members who have
expressed an interest in being reappointed. Persons interested in serving on a Board,
Commission, or Committee are asked to complete an application form which can be
obtained from the City Administrator's office and applications received over the next few
weeks will be considered. She will be making appointments at the first regular meeting
in January. It was noted that the minimum age for these positions is 18, however, the
Library Board, Parks & Recreation Board, and Museum Commission have positions
established for high school age individuals who are able to serve through their junior and
senior years.
Administrator Brown also stated that the Department Heads will be contacting their
incumbents to ask them to submit a letter to the Mayor if they are interested in being
reappointed to their position.
3802 LIQUOR LICENSE APPLICATION - DENNY'S AT WOODBURN, 2919 Newberg
Councilor Cox questioned if the Council had approved a license for distilled spirits for
this business during the last year.
Police Chief Russell stated that the Council did approve a license for Denny's last spring
which was their initial request to sell malt beverages and wine. The license application
before the Council would provide Denny's with a greater privilege on that license. This
business already has a lounge area but they will be enhancing their lounge area and
selling distilled spirits in that area. In this establishment, they have a separate place
within their business to sell alcoholic beverages since it is a family restaurant. No
compliance plan is currently in place since the Police Department has not had any issues
with this business nor has Denny's violated any liquor laws that would involve a need to
develop a compliance plan.
COX/SlFUENTEZ .... notify OLCC that the Council approves of the granting of this
greater privilege license as requested. The motion passed unanimously.
4095
CANCELLATION OF DECEMBER 22, 2003 REGULAR COUNCIL MEETING.
SIFUENTEZ/MCCALLUM... cancel the December 22, 2003 Council meeting. The
motion passed unanimously.
Page 5 - Council Meeting Minutes, December 8, 2003
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4130
COUNCIL MEETING MINUTES
DECEMBER 8, 2003
AMITY COURT - NO PARKING RESTRICTIONS.
Staff recommended that No Parking restrictions be placed on both sides of Amity Court
to provide better accessibility for emergency vehicles and increased safety.
COX/MCCALLUM .... approve the imposition of''No Parking" on both sides of Amity
Court as suggested in the staff report. The motion passed unanimously.
4180
SALE OF ROTATING BIOLOGICAL CONTACTORS.
Staff recommended that two contactors which were removed from service as part of the
wastewater facility upgrade be sold to the City of Wapato.
COX/VELIZ... approve the sale of the two rotating biological contactors shafts without
cover to the City of Wapato for $100.00. The motion passed unanimously.
4280
PUBLIC HEARING CONTINUATION - E. HARDCASTLE STREET FINAL
ASSESSMENT.
The Mayor continued the hearing at 8:08 p.m..
Public Works Director Tiwari stated that this hearing was continued from November 10,
2003 for the purpose of allowing staff time to deal with certain issues that were brought
up during the public hearing and those issues needed to be discussed with the involved
property owners. As a result of meetings with the property owners, the following actions,
which have been agreed to by the property owners, will be taken:
1) Mr. & Mrs. Sacger will be given a check in the amount of$303.11 as compensation in
full for their share of contribution of a sidewalk that was replaced as part of the project;
2) Mailbox installation will involve the Jaeger's coordination with the post office on
location of mailbox installation and the purchase of new or reconditioned mailbox, and
City will install the mailbox at no cost to the property owner;
3) Strip of land between the sidewalk and curb will be allowed for landscaping or filled
with concrete, brick, or asphalt at the choosing of the adjoining property owner who is
responsible for the maintenance, and property owners will receive appropriate Public
Works approval prior to construction in the public right-of-way; and
4) Driveway located at 1920 Hardcastle will be modified by the City in the spring of 2004
to lessen the slope and concrete stones will be extended to complete the intended
installation at this location.
It was noted that the cost to complete the modifications will be less than $2,000 and the
City proposes to pay for those modifications from the Capital Improvement Fund (CIP)
since there were cost savings to this fund with the project cost being less than the original
estimate rather than making adjustments to the proposed assessment numbers which have
been recently provided to the property owners within the benefitted local area.
No one in the audience commented on this issue.
Mayor Figley declared the public hearing closed at 8:14 p.m..
COX/SIFUENTEZ... instruct staff to prepare an ordinance to establish final assessment
amounts as presented. The motion passed unanimously.
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COUNCIL MEETING MINUTES
DECEMBER 8, 2003
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494Q
PLANNING COMMISSION AND/OR ADMINISTRATIVE LAND USE
ACTIONS.
A) Planning Commission's approval of Variance 03-23 (1050 Boones Ferry
Road). The variance will allow for a 12 sq. foot illuminated directional sign to be
placed on the south side of property located at 1050 Boones Ferry Road.
No action was taken by the Council on this issue.
5012,
CITY ADMINISTRATOR'S REPORT.
Administrator Brown stated that as the appointing authority under the City Charter, he
has maintained the Community Development Director's employment with the City by
renewing his employment agreement for another 3 years.
5093
MAYOR AND COUNCIL REPORTS.
Councilor McCallum stated that the tree lighting ceremony last Saturday evening was
enjoyable and the weather cooperated for this event.
The Mayor and Councilors wished the public a happy holiday season and safe, happy, and
prosperous new year.
5166
EXECUTIVE SESSION.
Mayor Figley entertained a motion to adjourn to executive session under the authority of
ORS 192.660 (1)(h) 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, and ORS
192.660 (1)(f) to consider records that are exempt by law from public inspection.
SIFUENTEZ/COX... adjourn to executive session under the statutory authority cited by
the Mayor. The motion passed unanimously.
The Council adjourned to executive session at 8:17 p.m. and reconvened at 8:34 p.m..
5221 Mayor Figley stated that no action was taken by the Council while in executive session.
ADJOURNMENT.
COX/SIFUENTEZ... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:35 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST.
Mary Tennant, Recorder
City of Woodbum, Oregon
Page 7 - Council Meeting Minutes, December 8, 2003
115
Executive Session
COUNCIL MEETING MINUTES
December 8, 2003
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, DECEMBER 8, 2003.
CONVENED. The Council met in executive session at 8:20 p.m. with Mayor Figley presiding.
ROLL CALL.
Mayor Figley Present
Councilor Bj elland Absent
Councilor Cox Present
Councilor McCallum Present
Councilor Nichols Absent
Councilor Sifuentez Present
Councilor Veliz Present
Mayor Figley reminded the Councilors and staff that information discussed in executive session is not
to be discussed with the public.
Staff Present: City Administrator Brown, City Attorney Shields, City Recorder Telmant
The executive session was called under the following statutory authority:
A) To consult with counsel concerning the legal rights and duties of a public body with regard to
current litgation or litigation likely to be filed pursuant to ORS 192.660(1)(h); and
B) To consider records that are exempt by law fi:om public inspection pursuant to ORS 192.660(1)(0.
ADJOURNMENT.
The executive session adjourned at 8:31 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodbum, Oregon
Page 1 - Executive Session, Council Meeting Minutes, December 8, 2003
14
NL~NUTES
Woodburn Recreation and Parks Board
Tuesday, December 9, 2003
7:00 pm
Ci~/Council Chambers
1. Herb Mittmann, Chair, called the meeting to order at 7 pm.
8B
Roll Call
Members present: Herb Mittmann, Chair; Rosetta Wangerin, Vice-
Chair; Evan Thomas, Member; Phil Lagao, Member; Ann Meyer,
Member.
Members absent: Tanis C~uinones, Member
Staff present: Randy Westrick, Director; Brian Sjothun, Recreation
Manager; Paul,rte Zastoupil, A.A.
Resignation of Board Member
Tanis Q, uinones submitted a letter of resignation.
Approval of Minutes from November 18, 2003 meeting.
The Board deferred approval of the I~ovember 18, 2003 minutes until
the ,Tanuary 13, 2004 meeting. A reproduction error eliminated one
line on the copies Board members reviewed.
5. Business from the Audience: None
e
Division Reports
Recreation Report from Brian S~othun, Recreation Manager
Brian reported on the success of youth basketball registration
with §§0 youth. The winter Recreation Reporter will be mailed by
December 13, 2003. He shared that Dance, Dance, Dance has two
performances at the high school on December 13, 2003 at 1:00 and
3:00 pm. The Youth Council, which meets the third Wednesday of
each month, will start broadcasting their meetings. The Youth Council
is meeting for a retreat on December 22, 2003.
Aquatic Center Report from Steve Newport, Aquatic Center
Manager.
Steve Newport's submitted a written report.
Reports by Randy Westrick, Recreation and Parks Director
Randy reported that the Downtown Tree lighting was successful and
that participants enjoyed themselves at Lupita's Restaurant for
refreshments.
~' Community Center
The Community Center Task Force is meeting monthly. RDI analyzed
the information gathered during the recent Focus Group activities,
and shared them with the Task Force Committee on December 1§,
2003.
Randy shared that there is going to be a Bassett Olympics at Legion
Park in ~Tuly.
e
e
Skate Park
The 5kate Park is in the middle of its slow season. Concern was
expressed by the Board to keep an eye on the concrete.
The Board received the report.
Hermanson Pond
Monte Graham from MSWCD presented a on the Hermanson Pond
design and planting. Homeowners in the audience voiced their
concerns on the design. The Board stated that the main areas of
concern were: water source, budget restraints, trails system and
vegetation. Consensus was to re-design within the budget restraints
in which will include developing the existing pond area and create a
trail system with one entrance/exit. A motion to revise the plan was
made by Sharon Felix and Rosetta Wangerin seconded the motion. The
plan will be reviewed in ,Tanuary.
Future Board Business · Board reorganization
· Mill Creek
· Master Plan update
!2.
Board Comment
~one.
Meeting was adjourned at 8:23 pm
Next meeting is ,Tanuary 13, 2004
WOODBURN PLANNING COMMISSION
December 4, 2003
CONVENED The Planning Commission met in a special session at 7:00 p.m. In City Hall Council
Chambers with Vice Chairperson Young presiding.
ROLL CALL
Chairperson Lima A
Vice Chairperson Young P
Commissioner Vancil P
Commlesioner Grlgorleff A
Commissioner Mill P
Commissioner Bandelow P
Commissioner Lonergan P
Staff Present:
Jim Mulder, Community Development Director
Naomi Zwerdling, Senior Planner
Victor Rodriguez, Aesoclate Planner
Vice Chairperson Youna provided an opening statement for Public Hearing.
MINUTES
A. Woodburn Planning Commission Minutes of November 13. 2003.
C"-ommissioner Mill commented although he was not present for the meeting, the minutes provided a good idea
of what occurred and he complimented Staff for well written minutes.
Commissioner Loner,qan moved to accept the minutes as presented. Commissioner Bandelow seconded the
motion. Motion unanimously carried.
BUSINESS FROM THE AUDIENCE
None
COMMUNICATIONS
Copies of the draft Sign Ordinance were provided to the Commissioners. Staff stated the draft has been
reviewed by the Focus Group that was appointed by the Mayor. He also reported the draft will be a discussion
item for the meeting next week and he will provide a brief presentation. Additionally, issues that were dealt
with by the Focus Group will be reviewed and the Commission will be able to discuss any issues they might
have on the Sign Ordinance. Staff indicated one of the agenda items for the next Planning Commission
meeting will be to schedule a special hearing on January '15, 2004 on the Sign Ordinance.
PUBLIC HEARING
A.~. Partition 03-03 and Variance 03-32, subdivide one lot into two lots at 865 Hardcastle Ave.,
Aniklta Barsukoff, apnllcant.
EX-PARTE CONTACTS
None
Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff
recommended approval of the application based on the information in the Staff Report, the information
provided by the applicant and the applicable review criteria subject to the conditions of approval outlined in
the report.
Commissioner Mill requested clarification regarding geotechnical evaluation. He also inquired il'there are any
local improvement district plans in place or in process for Hardcastle, at this point?
Planning Commission Meeting - December 4, 2003
Page 1 of 7
17
Staff stated the evaluation measures soil stability and density. He further clarified the area where the hill slope
is located was filled 20 or 30 years ago. He indicated the applicant has to hire a geotechnical engineer to
check the soil to see how compacted it is and whether it will slump or move if a foundation is built on it or
whether they have to dig and put in a deep foundation, Staff indicated he was not aware of any local
improvement district plans for Hardcastle.
Vice Chairperson Youn,q referred to Condition of Approval Item #7 found on page 20 of the Staff Report
regarding the final plat being submitted and if development does not take place within two years then the
approval shall be void and a new application will be required. He questioned whether it would then revert back
to one tax lot?
Staff replied that condition only affects the recordation of the final plat, not the development of the property.
There is a two year limitation on recording a final plat and it will remain one lot if the final plat never records.
He further explained the new lot is there indefinitely if the final plat records and there is no limitation on when
they can then develop it. However, whatever they develop has to be consistent with the codes at that time.
Commissioner Loner.qan made reference to Staff's statement found on page 18 regarding the Variance will
allow the applicant to make reasonable use of the property similar to other adjacent properties. He asked
Staff what exact properties and what is the history of those?
Staff. explained the meaning of Staff's statement is that the neighboring properties have single family homes
and the use is similar.
TESTIMONY BY THE APPLICANT
Anikita Barsukoff, 865 Hardcastle Ave., Woodburn, OR 97071 stated he agreed with Staff's presentation.
TESTIMONY BY PROPONENTS
None
TESTIMONY BY OPPONENTS
None
DISCUSSION
Vice Chaimerson Youn¢l closed the public hearing and opened for discussion among the Commissioners.
Commissioner Mill commented he saw no reason to dispute the findings of the Staff Report and he would vote
in favor of the project.
Commissioner Bandelow agreed with Commissioner Mill.
Commissioner Vancil remarked the probability that Hardcastle will ever be as wide as what the traffic plan
indicates is pretty slim. He stated he brought this issue up again in hope that when the overall plan is
reviewed this year, we can make sure that becomes an issue. Other than that, he favored the proposal.
Commissioner Loneman stated he does not particularly like flag lots because they are very difficult to service
by Police and Fire and he felt flag lots are not in the best interest of the City.
Commissioner Bandelow concurred in that flag lots are awkward and can often be somewhat of a problem
for the City services. However, conditions being what they are, the City needs to make use of everything
within its Urban Growth Boundary. FUrthermore, she thought it makes good sense when you have a lot this
large that can be subdivided and the property owner wants to do that. She pointed out we have so many of
these deep lots around the City and it is really not a practical way to leave them like that and she would be
voting in favor of the project.
Commissioner Mill moved to approve Partition 03-03 and Variance 03-32 and requested Staff return at the
Planning Commission Meeting - December 4, 2003
Page 2 of 7
18
December 11, 2003 Planning Commission meeting with facts and findings, subject to the conditions of
approval as outlined in the Staff Report. Commissioner Bandelow seconded the motion. Motion unanimously
carried.
De-_!an Review 03-20 and Variance 03-26, construct steeple and expand parking lot at existing
church at 1000 Country Club Rd., LDS Church, apr~llcant.
EX-PARTE CONTACTS
None
St~. read the applicable ORS Statement and a presentation, as reflected in the Staff Report, was provided.
Staff recommended approval of the application based on the information in the report, the information provided
by the applicant and the applicable review criteria subject to the conditions of approval that were included in
the Staff Report.
Commissioner Loneman inquired why weren't there two Variances before the Commission to be looked at
separately, as Variances A and B are faidy distinct entities?
St~, responded the application fee was the same and just differentiated on the application between the two
requests. Additionally, she indicated she divided it out further through development of the report in to
Variance A and Variance B so they are separate. Staff further explained the norm usually is to separate more
distinct type Variances in to actual separate applications. He pointed out he thought the application came in
quite a while ago before they really established that policy. As far as hew the application is processed does
not affect the Commission's decision because their decision is distinct for each separate Variance request.
However, the current policy is that you can combine Variances that are of similar type.
Commissioner Mill asked if there will be ground or upper pole lighting directed downward?
staff replied it will be pole lighting and provided an overhead that illustrated a lighting plan that showed the
area that the lighting will encompass. She stated the applicant may address the lighting plan in more detail.
TESTIMONY BY THE APPLICANT
Mark Cottle, Land Use Consultant for the Church of Jesus Christ of Latter Day Saints, 395 N. Sherwood Blvd..
Sherwood, OR 97140 reported they are adding a steeple and some parking spaces. He also commented they
have asked for additional parking so there is no spill over in to the neighborhoods. Mr. Cottle pointed out the
Woodbum Development Ordinance does not allow parking within 20 feet of a property line. Therefore, they
looked at the Variance in order to mitigate any problems parking would have on the neighbors so they have
done two things; construct a 7 foot wall that is a barrier so light will not penetrate and; they purposely placed
light poles so there will be .0 foot candle light on the neighboring property. He described a 1 foot candle light
as lighting that can be seen a mile away but does not mean that light is illuminating the area you are in.
Mac McSwain, McSwain Architects, 4040 SE International Way, Suite E-804. Milwaukee. OR 97222 stated
the church is installing a standard steeple to make all their buildings look more traditional. The steeple is 40
feet tall from the ridge line to the top of the finial which makes it a total of 68 feet above the ground.
Commissioner Bandelow asked what is the actual height that the lights on the pole will be located?
Mac McSwain replied it is an 18 foot pole above the parking lot. He further explained the lighting style is a
rectangular box and the light is flush with the bottom of it and does not project or hang down like a street light.
Commissioner Loneman addressed the 7 foot fence and remarked it sounds like an excellent method of
blocking out sound and light in the beck. He questioned whether them are fences on the properties located
on the back south side and will there be a separate fence abutting another fence?
Mark Cottle responded there is a chain link fence along the back side.
Planning Commission Meeting - December 4, 2003
Page 3 of 7
19
Mac Mc, Swain interjected the City requirement was essentially that they provide a fence around the new
parking area.
Commissioner Loner.qan expressed concerns with what goes on in between when there is a fence next to a
fence.
Mark Cottle commented although Commissioner Lonergan's concern is a legitimate one, he was unsure
whether there will be a chain link fence there forever once they install their fence.
Mac McSwain interjected because of the nature of the structure of the seven foot high masonry wall and given
that the footing itself has to extend out forward somewhat, the actual wall will be back from the property line.
Moreover, he anticipated if he were the next door neighbor he would remove a fence and pick up a foot of
ground and have a nice brick wall in the back yard.
Mark Cottle added they also do that so they have a dght to be on their own property if something happens to
the fence i.e., graffiti and be able to take care of the issue.
Commissioner Loneroen pointed out the application had requested 44 parking spots and City staff is looking
at 27 spots and inquired what happened in between there?
Mark Cottle answered they affected some economies and design in layout and therefore, the total numbers
does not reflect the amount they added in addition to what was there.
TESTIMONY BY PROPONENTS
None
TESTIMONY BY OPPONENTS
Brian White, 1245 Bernard Dr., W0odburrh OR 97071 thanked the LDS Church staff for taking the time to
consider those residences that are on the backside of their property and who are affected. He reported his
family has lived in their home just a few months. Mr. White also remarked a person looks for amenities as
well as the environment the home is in when searching for a home. Moreover, the environment not only
comprises just what is inside your lot, but what is outside of it. He indicated when they walked into their new
home, they saw a home they enjoyed and saw a yard that was larger than a lot of back yards which had some
distance separating them from the church. Mr. White further stated the applicant proposed to add more
parking spots which serves the members of the church well. However, it also puts a 7 foot wall that will look
a lot like a prison wall in their back yard. He said they bought their home to live in as well as an investment
and for the environment it is in. They enjoy a nice open feel to their back yard as it is aesthetically pleasing
and is what helped draw them to that house as opposed to other homes. Additionally, Mr. White indicated
their yard will have the feel of a prison yard with a 7 foot block wall. In dosing, he stated the wall threatens
the appeal of his yard and will have a direct negative effect on the value of their home and will damage their
investment value. He expressed opposition to the project.
Jerry and Helen Collins, 1251 Bernard Dr., Woodburn, OR 97071 Mr. White read Mr. And Mrs. Collins
written testimony. They reported their back yard adjoins the LDS Church property on Country Club Rd. The
Collins' expressed their objection to the proposed 7 foot block wall fence separating half of their property from
theirs. The proposed fence along with the block wall fence being put in by the City because of the water
filtering system would completely cut off their visibility from their back yard and the fence will diminish their
property value.
Commissioner Mill asked Mr. White whether the church spoke with him prior this hearing?
Brian White responded he bought the home in February and if they spoke to anyone prior to that it would have
been with the previous owner. However, his neighbor Mr. Collins informed him that he had never heard of
this until he brought it to his attention.
Planning Commission Meeting - December 4, 2003
Page 4 of 7
20
Commissioner Vancil pointed out the issue appeared to be the block wall and not the parking lot.
~ interjected the wall and the parking lot both are issues and reported there are vehicles past 9:00
pm in the lot more often than just on Sundays and Wednesdays. He highly doubted a 7 foot wall will keep
noise out of his bedroom on the second floor.
Commissioner Mil! asked if Mr. White was opposed to any structure at all or if it was a different type of
structure?
Brian White commented the Church has been very sensitive to the potential impact and believed the reason
they selected the block wall was for the mass and sound attenuation that the wall provides. He indicated
any sort of wall, especially a 7 foot fence, regardless of material, is extremely imposing and detracts the view
out of any of the northern facing windows. Mr. White pointed out the City requires a set back to provide some
distance to prevent encroachment and stated the parking lot encroaches upon his home and any sort of wall
would also provide an imposing feature upon his property.
REBUTTAL
Mark Cottle stated they are not married to a 7 foot wall and pointed out it is a City requirement that the City
asked them to adopt. Additionally, it is fundamentally unfair to believe that you are going to move in next to
an institutional use and not have that use change. Mr. Cottle said he could build a good neighbor fence right
now because the City code does not prohibit a single family home putting up a 6 foot fence in their back yard.
He also remarked they could build a 6 foot wood fence if the neighbors rather have them do that because they
are not tied to any particular design and they do want to work with the neighbors. However, the question
becomes they put in a good neighbor fence and they sell the house and somebody else says they can see
the lights from the cars parking at night streaming through the good neighbor fence. He also indicated change
is difficult when development goes on in a community and when fields turn in to homes and it would be unfair
for the neighbor to say it was a field and they enjoyed the view for 30 years and now they do not ever want
to see a home there. Mr. Cottle mentioned their fence would be a continuation of the same fence the City
thought was good for the community overall.
DISCUSSION
The hearing was closed by Vice Chairperson Youn¢~ and Commission discussion was opened.
Vice Chairperson Youn¢~ inquired if the materials for the wall are part of the City ordinance for the use of
property that is not residential and abuts residential?
St~. answered affirmatively and explained any portion of an off-street parking area abutting property zoned
or used for residential purposes shall be screened by a solid 7 foot brick or architectural block wall.
Commissioner Loner_~an questioned whether that is the same type of fence the City will be building on their
property?
Staff. replied the City will be installing a split face block wall and the applicant is proposing brick, both being
7 feet.
Commissioner Vancil asked Staff if the Variance were not granted, would the wall still be an issue because
they are adding a steeple?
Staff answered the requirement for the special permitted use section that would cover a house of worship only
specifies that the parking loading areas have the wall requirement so it is not something required in the single
family residential zone or the architecturel design review standards.
Commissioner Vanci! recalled a discussion had by the Commission during a previous hearing about not
putting up a wall of Lincoln St. behind the Methodist Church. He stated he is trying to be consistent and
Planning Commission Meeting - December 4, 2003
Page 5 of 7
21
commented these are the first property owners to show up and have a problem with the wall and it is
something we need to think about in the decisions that we make.
Staff pointed out the case Commissioner Vancil was referring to involved a church that was not doing anything
but it was the subdivision and the subdivision was not required to build the wall. However, the church would
have been required to build a wall if they would have done something.
Commissioner Vancil further commented the issue is the same in that the potential for nuisance of a church
butted up against single family residential and our zoning basically allows a church be built in any single family
residential because it is an accepted use in that zone.
Staff explained the development ordinance was approved and adopted July 2002 and it mandates that you
put a wall in when you had a church next to residential. He stated that was the decision made at that time by
the Planning Commission and the City Council.
Commissioner Mill inquired whether all that would have been required under the Woodbum Zoning Ordinance
(WZO) would have been a 6 foot chain link fence?
Staff indicated the WZO requirement was based more on being in the commercial office zone and then you
would be required to provide a fence.
Commissioner Bandelow stated there is a real impact when you have a parking lot directly behind your
property and it will affect their value. She also commented a bdck wall is not necessarily a detriment however,
both of the two homeowner's that have provided their opinion tonight do not seem to want that there.
Commissioner Bandelow remarked this is a Variance and not something that is a given as far as the church
is concerned.
Commissioner Mill suggested to build the wall and have it come out from the wall a bit with a planted
landscaped area and step it down to a 3 foot wall to make it look nice and preovide the feeling of having an old
fashioned English garden wall. However, you would still have a wall and wa can not say to the church that
they have to build the property owner a planter box on his property. He remarked he had no issues with the
steeple and thought it is a wonderful idea but he did have issues with the parking.
Vice Chairperson YounR expressed concerns with the parking of 27 vehicles without the new space being
proposed to be provided and wondered where are those 27 cars going to park? He pointed out that would
impact the neighborhood.
Commissioner Mill interjected there isn't a capacity crowd at that church every time it is in use.
Commissioner Loneroan commented although he had no personal problems with a 7 foot fence, he did have
issues with the City having a concrete fence and the church having a brick fence particularly with having a
homeowner caught in between. Furthermore, he indicated he would like to see that settled beforehand.
Commissioner Bandelow said it would be nice if the City did the brick on their portion of the one that is divided
for the one home. She sympathized with Mr. White and stated a brick wall on the back is less prison like.
Staff clarified the City's wall will be a split face block, not just smooth concrete.
Commissioner Mill moved to approve Design Review 03-20 and Variance 03-26 Part A subject to the
conditions of approval for those two items and instructed Staff return with facts and findings at the next
Planning Commission meeting to be held December 11, 2003. Motion was seconded by Commissioner
Vencil. Motion unanimously carried.
There was additional discussion among the Commissioners regarding the fence issue.
Planning Commission Meeting - December 4, 2003
Page 6 of 7
22
Commissioner Loner.qan moved to accept Variance 03-26 Part B and instructed Staff return with facts and
findings. Vice Chairperson Youn.q seconded the motion, which carried with Commissioner Mill and
Commissioner Vancil voting No.
ITEMS FOR ACTION
A._~. Final Order for Anr~ex~lon 02-01, 7_one Change 02-02, Annexation and Zone Chanae from
County Commem!a! to Commerc!-_! General (CG) at 600 N. Pacific Hwy., RSS Architect~,
applicant.
Commissioner Mi.!! stated he was not present for the headng but saw no problems with the initial application
when it came through and he would have voted in favor of the project and felt comfortable voting on the order.
Commissioner Bandelow moved to approve the Final Order as presented. Commissioner Loneroan seconded
the motion, which carried unanimously.
B.~. Final O~er for Variance 03-23, Varlanca to allow additional slgnafle at 693 Glatt Circle. Ramsay
Commissioner Bandelow moved to approve the Final Order for Vadance 03-23. Commissioner Loner,qan
seconded the motion. Motion unanimously carried.
DISCUSSION ITEMS
Vice Chairperson Young reported the reason for a special meeting tonight was to accommodate the public
hearings that needed to be taken care of.
REPORTS
None
BUSINESS FROM THE COMMISSION
None
Commissioner Mill moved to adjourn the meeting. Commissioner Bandelow seconded the motion. Motion
carried. Meeting adjourned at 8:45 pm.
CLAUDIO LIMA,
DATE
Jim Mull'er; '
Con~mqhity Development Director
City ~.Woodburn, Oregon
Date
Planning Commission Meeting - December 4, 2003
Page 7 of 7
23
8D
WOODBURN PLANNING COMMISSION
De~ember 11, 2003
CONVENED The Planning Commission met in a regular session at 7:00 p.m. in the City Hall Council
Chambers with Vice Chairperson Young presiding.
ROLL CALL,
Chairperson Lima A
Vice Chairperson Young P
Commissioner Vancil P
Commissioner Grigorleff A
Commissioner Mill P
Commissioner Bandelow A
Commissioner Lonergan P
Staff Present:
Jim Mulder, Community Development Director
Naomi Zwerdling, Senior Planner
Victor Rodrlguez, Associate Planner
MINUTES
A.~. Sp~-~!=_.l W _oc~_burn Planning C<)mmission Minutes of December 4, 2003 (Mlnute~ will be
available at the January 8, 2004 Planning Commission Meetinot
BUSINESS FROM THE AUDIENCE
None
COMMUNICATIONS.
A~
B._=.
C..~.
D._~.
E_.
F_.
G._=.
City Council Minutes of October 27. 2003
City Council Minute~ of November 10. 2003
City Council Work S.ession Minute~ of November 17, 2003
City Council Minutes of November 24. 2003
Special City Council Mlnutel of November 25. 2003
Planning Commission Elections
Planning Commission Term Exr)iratlona
Vice Chairperson Youna noted this would be the last meeting for the year and extended holiday greetings to
the community, He stated he looked forward to another year as there will be a lot of things that will have a
long term impact on the City in the upcoming months. He strongly encouraged citizens to attend and
participate in the Planning Commission meetings.
PUBLIC HEARING
A.~. Dmllgn Review 03-22 and Variance 03-28, construct 2,365 sq. ft. office at 576 Glatt Circle, RSS
Architects. aDollcant.
EX-PARTE CONTACTS
Commissioner Mill reported he did not visit the site but was generally familiar with it.
Vice Chairperson YounR and Commissioner Loner.qan both indicated they were familiar with the area.
Commissioner Vancil also stated he was familiar with the site and personally knows Mr. Ahre however, he had
no conflicts at this time.
Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report.
Staff recommended approval of the applications based on the information in the report, the information
provided by the applicant and the applicable review criteria subject to the conditions in the Staff Report.
Planning Commission Meeting - December l l, 2003
Page 1 of 7
24
Commissioner Mill asked what the current situation is as far as what is required of the applicant in terms of
lighting?
Staff replied the code requires lighting of the parking lot per the standards outlined in the code. He also
commented although the applicant has not provided a lighting plan, they did show Staff a plan that showed
the proper foot candles in the parking lot and that was approved by the Community Development Director.
He explained often Staff gets lighting plans after approval because oftentimes applicants indicate they will
provide lighting but they do not provide specifications.
Vice Chairperson Youn¢i referred to the Public Works Department conditions of approval Items 15 and 16
regarding storm water and indicated he assumed there was enough access to catch the storm water created
by having the new roof.
Staff responded although he was not really sure, he assumed that is what Public Works meant that the
improvements could be handled on site.
TESTIMONY BY THE APPLICANT
Ted Ahre, RSS Architecture, 2225 Country Club Road reported he is the husband of Mada Ahre who is the
property owner and was present tonight to represent her. It was indicated by Mr. Ahre he had nothing further
to add and concurred with Staff's findings. Moreover, he agreed with the Variance requirements.
Vice Chairperson Youn¢3 pointed out the original office has been there for quite some time and was one of the
first buildings on Glatt Circle. Furthermore, the entire street is primarily office buildings with no residential
areas. Additionally, the parking exists today and the applicant wishes to expand that a bit to provide parking
for the second building.
TESTIMONY BY PROPONENTS
None
TESTIMONY BY OPPONENTS
None
DISCUSSION
Vice Chairperson Youno closed the public hearing and opened for discussion among the Commissioners.
Commissioner Loner.qan stated it is a good project and it made sense to allow the Variance and Design
Review and he would vote in favor of the application.
Commissioner Vancil also said it looked like a great project.
Commissioner Mill concurred with Commissioner Lonergan. He made a motion to approve Design Review
03-22 and Variance 03-28 including Variances A and B, as set forth in the Staff Report and requested Staff
retum with facts and findings to support that subject to the terms and conditions of approval listed in the Staff
Report. Motion was seconded by Commissioner Vancil, which unanimously carried.
PRESENTATIONS
A..~. Presentation bv Richard Bielland re,nardlna 2000 Census Demograr~hlce.
Richard Biellpnd, State Housing Analyst, State of Oregon provided a presentation on demographics in Oregon,
the past, the present and the future. He informed the Commission he looked at housing and its requirements
as part of his position and he developed the model the State uses on predicting housing needs in the State
of Oregon. Additionally, he argued in order to define housing needs, you need to define the demographics
of the population that would be using that housing. Mr. Bjelland indicated as a result of taking a look at what
is happening in Oregon, he developed information on what has occurred in the past; where we were and
where we are heading. He stated you have to look at the percentages and not just the numbers if you are
Planning Commission Meeting - December 11, 2003
Page 2 of 7
25
going to understand demographics and the changes that are taking place. Primarily, changes in racial and
ethnicity composition occurring in the population. Additionally, he reported race and ethnicity have often been
confused in the past and in fact, the 2000 Census was one of the first times in which a better job was done
in asking race and ethnicity questions. The Hispanic or Latino ethnic category is the only ethnic category
being examined today in the U.S. Moreover, a lot of the history of population and demographics has been
somewhat confusing in mixing up the concept of race and ethnicity. He explained a minority represents an
individual of any race other than white only; a multiracial individual or; a person of Hispanic or Latino ethnicity.
A non-minority (white only) is described as a white only non Hispanic or Latino person. Mr. Bjelland also talked
about minorities and focused specifically on the Hispanic portion of the minority population and provided
census statistics and explained those that have identified themselves as a white race, 8% were of Hispanic
ethnicity; 2% Blacks, under 15% American Indian, 1% Asian, 9%% Native Hawaiian and other Pacific
Islanders. However, because of the difficulty in the past history of confusing these issues, quite often people
listed themselves, on a racial stand point, as being Hispanic without making an effort or attempting to identify
what race they were. The census then added a category 'some other race" and he indicated 97% of those
who listed themselves as some other race were basically of a Hispanic or Latino ethnicity; 31% of those who
were two or more races were Hispanic. He also listed the percentage of changes: increase in the Hispanic
population grew by 53% and the White population grew by 4.4%. Mr. Bjelland further reported almost 35%
of the total population increase in the United States from 1980-1990 was Hispanic and only 35% White only.
In the 90's, 9% of the Hispanic population contributed to almost 40% of the population growth in the U.S.; the
White population only contributed less than 20% of the total population growth in the United States.
Regionally, minorities are representing an increasing portion of our population; with the West having the
greatest percent of the population. Mr. Bjelland mentioned with this trend, by the year 2010, 50% of the
population of the western U.S. will be minorities and this trend also continues in all four regions of the United
States, however, the West has the highest concentration of Hispanic population. Additionally, the
HispanicJLatino population for Woodburn was 18.2% in 1980; 31.4% in 1990; and was 50.1% in the year 2000.
Mr. Bjelland mentioned he presented this information to the State Board of Education because this is having
a dramatic impact on our school system. In 1990, the Hispanic enrollment in Woodburn was 44% of
Woodburn student population. In the year 2000, Hispanics represented 50% of the population and
represented 64% of the student population and are currently 70.5% of the students in the Woodburn School
District. It was further noted there are less than 1 in 5 of students that represent the major culture and the
concept of having teachers prepare to deal with the issues brought on by the student body is very dramatic.
Mr. Bjelland addressed the natural increase in population and remarked migration patterns have varied
considerable. Additionally, he addressed household growth and reported non-Hispanic or Latino average
person per household is about 2% persons per household. Hispanic Latino household has about 4.3 persons
per household. He explained even though Hispanics represent 8% of the population they represent just less
than 5% of the households because of the larger household size. Mr. Bjelland reported household sizes
throughout the U.S. have been increasing no matter what the population group has been but there is a
potential to see an even more dramatic increase in the Hispanic household numbers. Woodburn household
population size is actually higher than the Statewide average and there are over 5 persons per household in
Woodburn. For the past 20 years, 100% of seven of Oregon's Counties population growth has been Hispanic
or Latino. He addressed the labor force and indicated much of the economy is dependant upon that. Mr.
Bjelland further added there will be 2.8 persons by the year 2030 of a working age supporting everyone over
65 and he pointed out over 50% of our work force growth will be Hispanic or Latino. He indicated they are
only making 45% of what the White population is making and if they are not educated and their earnings
brought up, our future of retirement and supporting the U.S. economic engine will be seriously impaired. He
also reviewed age and gender population statistics as well as household composition. It was further indicated
by Mr. Bjelland that with this report it was determined that the U.S. and Oregon are rapidly changing from
primarily a nation of White non-Hispanic persons to a racially and ethnically diverse population; that Hispanics,
Latinos and Asian populations are the fastest growing groups and; the White only is the slowest. Moreover,
the Hispanic Latino population now account for the greatest percent of the U.S. growth.
Commissioner Vanci! mentioned Portland State Population Center told the Woodburn School District to plan
on significant expansion in K-5 and to level off in the High School. Therefore, the School District built
accordingly and the opposite occurred with the High School exploding and no extra room in K-5. He asked
Mr. Bjslland if he, as a demographer, had any thoughts about that?
Planning Commission Meeting - December H, 2003
Page 3 of 7
26
Richard Bielland explained one has to look at the age group of Oregon's population. He clarified the Portland
State Center for Population Research, which is Oregon's official 'census designation', put out an estimate of
Oregon's population for the year 2000 and when the actual numbers were received, there were 3% more
people in Oregon than they had projected. Mr. Bjelland further explained there has been an undercount, even
with the census, because it is the Hispanic/Latino population that has a tendency of not being counted. There
were close to 800 now Hispanic students from 2000-2003 in that 3-year time frame in the Woodburn School
District. He indicated you will not be able to do a very good job of predicting household formation unless an
adequate job is done understanding the dynamics of demographic changes.
ITEMS FOR ACTION
A_~. Final Order for Partition 03-03 and Variance 03-32, subdivide one lot into two Iota at 865
Hardcastle Ava., Aniklta Barsukoff. ar~DIIcant.
Commissioner Loner_oan moved to accept the Final Order as presented. Commissioner Vancil seconded the
motion, which carried unanimously.
Final Order for Design Review 03-20 and Variance 03-26, construct steeple and expand Darkln;;
lot at ex!_~,ting church at t000 Country Club Rd., LDS Church. aDD#cant.
Commissioner Mill stated sometimes you have to do things that may infringe upon individual rights as a
Planning Commission but nonetheless, the code has to be upheld. He moved to accept the Final Order as
written.
Vice Chairperson Youna also added this was a very difficult decision, it looked very straightforward in the
beginning and then as public testimony was received it became clear that it was not the most popular thing.
However, the Commission has to work by the code and consistency is trying to be established.
Motion was seconded by Commissioner Loneraan, which unanimously carried.
C._:. Cancellation of December 25, 2003 Planning Commission Meeting.
Commissioner Loneman moved to cancel the meeting of December 25, 2003 and seconded by Commissioner
Mill. Motion unanimously carried.
D...,. ~e, chedule Special Meetln~i on January 15, 2004 to conduct public hearing on Sl,~n Ordinance
Amendments.
Commissioner Loneroan moved to schedule a special meeting on January 15, 2004 to conduct a public
hearing on the Sign Ordinance Amendments. C0mmissioner Vancil seconded the motion, which unanimously
THERE WAS A FIVE MINUTE BREAK AT 8:15 PM
DISCUSSION ITEMS
A._,. Dll~cussion of Focus Group Draft of Sion Ordinance
Staff provided a brief slide presentation illustrating various types of signage. Staff reminded the Commission
they could not make any decisions tonight on the draft because it is only a discussion item and would be in
the form of a Q & A session. Additionally, Staff informed the Commission the public hearing on this item is
scheduled for January 15, 2004. Ha further explained he would expect to take public testimony then but did
not expect the Commission to deliberate at that meeting. Staff commented he expects deliberation be done
at the last meeting in January and at that point there could be further discussion. In addition, Staff reported
the Periodic Review Amendment hearing is proposed to be scheduled for January 8, 2004. This would include
the UGB Expansion and Comprehensive Plan Amendments as well as code text amendments resulting from
Periodic Review.
Commissioner Mill requested clarification regarding the types of applications the Director's decision would be
final on.
Planning Commission Meeting - December II, 2003
Page 4 of 7
27
Staff replied the Director's decision would be final on a sign permit application, which would be considered
a Type I application. He further explained Type I applications are considered ministerial actions because they
are based on clear and objective standards. In which case, there is no need to have any type of hearing or
potential for appeal because the Director is not exercising any type of discretion. However, an appeal to a
court of law would be the applicant's only recourse if they do not agree with the Director's decision. He
mentioned the draft sign ordinance does set up a Type II discretionary review for certain types of signs like
neon or pole signs. These would require a Type II Design Review and would become a land use and
discretionary action because it applies design guidelines. It was further explained by Staff, this action could
be appealed to the City Council and the appeal would be the same as for a Type II land use application.
Commissioner Vancil inquired whether the goal of rewriting the sign ordinance was to become more consistent
and make it more enforceable?
Staff responded the current ordinance contains many errors and is not very workable. Moreover, it does not
address many types of issues that have led to enforcement problems, e.g., temporary signs. He also said
it was his experience the majority of businesses will voluntarily comply when alternatives are provided
because it makes it much easier to enforce the code and in return, have a successful sign code.
Commissioner Loneman questioned Staff if the focus group sought or received public input?
Staff reported the focus group meetings were open to the public and the press, but he believed nobody
showed up for the meetings. However, public input will be provided at the Planning Commission public
hearing. Staff provided the Commission with copies of a memo from Deniece Won to the focus group. He
indicated the memo provided the legal parameters to sign regulation in Oregon which states you can not
necessarily go with what other States have done because Oregon's standard of protection of freedom of
expression is higher than the U.S. Constitution. The group had to be very sensitive to that in drafting the
ordinance and it has been drafted to stick very closely to what we perceive the case law on this issue to be
in order to place the City in a strong position, as far as having this ordinance validated if we are challenged
on any issue.
Commissioner Loner.qan asked what the plan is on grand fathering sign Variances?
Staff explained there are various approaches that can be taken in addressing non-conforming signs one being
to require some sort of amortization schedule for non-conforming signs which could be based on various
factors. However, the focus group did not go with that type of method because it takes a great deal of political
will to enforce. Moreover, there may be a totally different Council at that time that may not have agreed with
that, which is why it breaks down more often than not. Instead, multiple thresholds were established that would
require compliance which include: if a non-conforming sign is expanded, relocated or replaced; if the use of
the premises upon which the sign terminates for a period of more than 180 days; if the use of the premises
changes; if a Type II Design Review or Type III Conditional Use or Design Review application is approved;
if the sign is damaged, destroyed or deteriorated by any means where the cost of repairs exceeds 50% of its
replacement value; and/or if you have a business that has a non-conforming free-standing or wall sign and
they want to put up another sign on the property. Staff said the focus group felt the multiple thresholds were
enough and that over time should bring most signs into compliance without having to come in with a heavy
hand.
Commissioner Vancil questioned whether there were other issues perceived to be more regulated on the new
ordinance?
Staff replied he was very surprised and impressed on how smoothly the focus group operated. He indicated
over 95% of the draft ordinance is how it was originally drafted by Staff. He mentioned he tried to balance the
needs as much as he thought was reasonable for each side to accept and he felt it was pretty successful.
He indicated he initially thought the commercial district signage regulations would be the most problematic
because the current height of freestanding commercial signs is 35 ft. and this is lowering that down to a
maximum of 20 ft. and even down to 15 ft. depending on how mUch frontage you have. Additionally, Staff
Planning Commission Meeting - December Il, 2003
Page 5 of 7
28
reported most of the focus group discussion pertained to the exemptions, prohibited signs and temporary
signs. However, the sign standards for the different zoning districts went through quite smoothly and quickly.
He further informed the Commission the sign ordinance gets much more specific into what types of signs are
exempt and there is a strong emphasis to remain content neutral where we are not regulating the message
that is on the signage but just how it is presented.
Commissioner Vancil commented it will be interesting to see how multiple political signage will be enforced.
Staff stated that situation will probably not be enforced unless complaints are received.
Commissioner Mill inquired how will holiday displays be addressed?
Staff responded holiday decorations are addressed under exemptions. It was further explained by Staff
businesses will be allowed temporary signs for four 15-day periods per year and the Woodbum Co. Stores
can have six 15-day periods. He commented the draft sign ordinance is a lot clearer; more legally defensible
and; adequately balances the need of the various interests.
Vice Chairperson Youn¢~ asked Staff if event banners like for the Tulip Festival will be an allowed use in the
public right-of-way?
Staff answered only signs authorized by the City will be allowed in the public right-of-way. Signs owned and
maintained by the City of Woodburn, Federal or State will be allowed which is identical to what is in the
current sign code. Staff indicated signage for the Tulip Festival could be placed on private property and he
pointed out the Tulip Festival signs placed on the telephone poles have not been officially authorized by the
c~ty.
Commissioner Mill suggested perhaps wording it something to the effect of "signs promoting an official City
event orfestival are outright permitted in the public right-of-way regardless of ownership.' He mentioned there
is something in the code regarding the right-of-way that addresses telephone poles and utility easements.
Commissioner Vancil argued it is unreasonable to say that we are taking that away and that the City has to
own it.
Staff said directional signs could be next to the right-of-way and on private property. It was pointed out by
Staff there is an exemption that allows City recognized events and would allow temporary signs but not in the
right-of-way.
Vice Chairperson Youn_~ inquired whether hanging baskets fall under the category of some type of sign?
Staff replied that is a possible interpretation in the code under the definition of signage. Additionally, he said
the focus group discussed whether landscaping is a sign or if flower bed arrangements purposely arranged
to illustrate the name of a business is considered a sign.
Commissioner Vancil commented the baskets are another issue that needs to be looked at because if the City
does not own them, they are hanging on a public right-of-way as well.
Staff stated the issue as far as the sign ordinance, is whether that is considered to be a sign or not. He was
unsure he would interpret hanging baskets to be signage.
REPORT8
A_~. Building Activity for November 2003
B~. Planning Prolect Tracking Shee~ ;revleed t2-02-03]
BUSINESS FROM THE COMMISSION
Planning Commission Meeting - December II, 2003
Page 6 of 7
29
None
ADJOURNMENT
Commissioner Mill moved to adjourn the meeting and Commissioner Loner~an seconded the motion. Motion
Meeting adjourned at 9:15 pm.
APPROVED ~c'~ ~'~
CLAUDIO LIMA, CHAIRPERSON
DATE
ATTEST
mm0n~ Development Director
City of ~ooclburn, Oregon
Date
Planning Commission Meeting - December II, 2003
Page 7 of 7
3O
WOODBURN PUBLIC LIBRARY
MONTHLY REPORT FOR NOVEMBER 2003
I. CIRCULATION
Current: 11,553
Adult: 7,781
Children: 3,682
In-House Use: 1,582
II. INTERLIBRARY LOAN
III.
IV.
Books Loaned:l,001
Previous: 2002
2001
2000
VI.
CCRLS:992
In-State Special: 0
Books Borrowed: 1,087
CCRLS:1,062
In-State Special: 0
All Other In-State:9
Out-Of-State:0
All Other In-State:14
Out-Of-State: 11
10,896
11,832
11,795
REFERENCE
Woodburn Referrals Other Total
2003 842 29 1,186 2,057
2002 745 31 1,042 1,818
2001 1,061 72 1,399 2,532
2000 950 47 822 1,819
Database Usage:
November: 877
(not all data bases included)
Average per open hours: 11.25
Average per open hours: 4.73
COMPUTER USAGE
Adults: 2,509
Children: 1,055
LIBRARY SPONSORED PROGRAMS
Adults: I No. Attending: 32
Children: 23 No. Attending: 495
VOLUNTEER HOURS WORKED
172.5
VII. FINANCE
$5,130.44
VIII. HOLDINGS
78,967
New Adds For The Month of November: 598
IX. PATRON LOAN TYPES
16,542
Monthly Statistics: November 2003
1
CITY OF WOODBURN
Community Development
8F
MEMORANDUM
270 Montgomery Street Woodburn, Oregon 97071
(503) 982-5250
Date:
To:
From:
Subject:
January 2, 2004
Jim Mulder, Community Development Director
Building Division
Building Activity for December 2003
2001 2002 2003
Dollar Dollar Dollar
No. Amount No. Amount No. Amount
New Residence Value 18 $1,916,999 9 $1,285,992 17 $2,861,325
Multi Family 0 $0 0 $0 0 $0
Assisted Living Facilities0 $0 0 $0 0 $0
Residential Adds & Alts 2 $55,882 3 $23,599 5 $112,165
Industrial 0 $0 0 $0 0 $0
Commercial Value 2 $3,435,082 1 $1,500 6 $76,700
Signs, Fences, Driveways 0 $0 2 $5,260 0 $0
Manufactured Homes 2 $89,000 2 $75,000 1 $60,000
TOTALS 24 $5,496,963 17 $1,393,351 29 $3,110,190
Fiscal Year (July 1- $31,256,690 $9,600,303 $19,262,740
June 30) to Date
I:\Community Oevelopment\Bldg~Building Activity~BldgAct-2003\Bldg Activity Memos\activity - DECEMBER 2003.wpd
32
PLANNING PROJECT TRACKING SHEET- ~ ~2.,~.~
~mm~ bu~ne~
UGB Widly L.ien of the Ciiy. 06/01/99 N~A Jim
~.01, ZG E~ the IL c~
ANX fmmC;mme/ oam2.~2 I~A ~ 88/22/03 0&~Z7/03 10/24/03 t0/2.4~3 11/03/03 11/06/03 11113/03 12/11/03 12./23/03 12/23/03 01/02J~l
02.0tZC ~ss~nMc. C. an..en~toCG 06/2&'02 CatalYZe
02-02 M e0o N. Pm:~G
01me/03
Edweml m 540 N.
An:NIdum SM~Mn~M A~.
VAR 0~-17
RSS 8,~10 ~f stmage
DR0~ll Archim~um bldg. i19555. 08r27/03 k~mNMi V~or
O9/24/o3
~ Bird~ Eye Ave.
VAR Bmwkoff 865~ Cam;Me 12/24A)3
& e3q~nd plddng C-omplMe N/A 11/24/03 11/27/03 12/0~ 12./11/03 Ends
DR
Cm~i~d 2~DO If
VAJ~ An~ Ckdl. 11/13~03
03-27
PAGE1
PLANNING PROJECT TRACKING SHEET
Sut4~,~ or4 I01 ~ 03/31/04 Naomi 12/11/03 N/A
PAR B.~ Inlo $ i~=~ -~ 11/07/03 12A~03
0304
cu o~-o7, !
VAR Wo~x~m fac~y al 2225 1~
~ ~ ~y~ 11~
CU~10
PAGE 2
LONG RANGE PROJECTS
PAGE 3
Woodburn Memorial Aquatic Center
Revenue Comparison FY '2002-03 v.s. FY '2003-04
Sp~-~al l~vmts
TOTAL
AUmdan~
% Diffa~nco
$1,860.00 $2,340.00 $1 076.75
[ ~0 $4,~'~.14 $2612.04
Au 2003 S 2002 2003
$355.00 $483.00 $279.00
$6,516.25 $3 580.23 $4 207.20
$747.50 $1 275.50 $934.00
$6,006.15 $1 620.25 $3 109.17
$319.30 $315.30 $364.80
~ $1,316.75
$22,511.07 $25,760.23 $17,295.54 $17,305.47 $10,465.05 $10,212.92
9192 8253 6747 5838 4304 4187
3,249.16 9.93 -252.13
14.43% 0.06% -2.41%
)ct 2OO2 Oc~ 2OO3
$5,742.73 $10,878.75
2926 3998
5,136.02
89.44%
$3,207.69 $7,944.11 $6,598.75 $11,369.09
3323 4421 4071
2,736.42 2,770.34
52.55% 32.22%
sp~al Ev~
3~ni~iom
TOTAL
Anmdance
$ Di~erence
% Difference
Jan 2004
$29,438.20 $0.00 $13,907.60 $0.05 $15,500.55 $0.05
6715 58~5 5799
-29,438.20 .13,907.60 -15,500.55
.100.00% -100.00% -100.00%
$1 780.0
$5'/4.6(
$21,546.38
6612
$0.00 $16,751.75 $0.00 $24,193.81 $0.05
5899 14239
-21,546.38 -16,751.75 -24,193.81
-100.00% -100.00% -105.00%
Year to date by account
$2,431.10 $634.00 151,797.1
$67,206.43 $30,314.28 1536,892.1E
$37,354.65 $9,736.50 1527t618.1F
$44,101.58 $24,556.14
$9,374.30 $4,229.10 ($5,145.20)
$5,441.24 $2,507.80. ($2,933.44)
$25~349.82 $117402.75
Admissions
Memben~ps
R~atals
Resale
Concmsiom
Year to dar= total $69,820.83 $83AT0.67 $13,649.74
Year To Date Summal'~
]To~i Rev.me 2002-2003
Totll Rev~ 2003-2004
Difference
Percent Clmn~e
Year To Date Attendance
$69,820.83
$83,470.57
$13,649.74
19.55%
-n
31320
oReVenue Budget Estimates
003- 2004 $195,000.00
asr, to ,ate $83,470.57ll
Coll~J~l ~ar to d~t= 42.81%]
12 rix)mb toUL! $101,260.12 ($107,788.66)
Department Totals Summary
Non-
Description Res. Child Res. Youth Res. Adult Res. Sen Res.Sen NR-Child NR-Youth NR-Adult
July 03 1983 452 2435 .. 91 129 56 13 38
September 03 493 129 380 71 106 99 52 153
November 03 379 137 25S 54 109 118 46 168
Janua~ ~
~aroh 04
May 04
Totals 6767 1688 48,52 4SS 713
Woodburn Recreation & Parks
Recreation Division
Program Participation & Revenue Comparisons
After School Club
Washington ~ Sept. 02 Sept. 03 ~ Oct 02
Daily VisitsI 1496 1356I 1702
Daily Avg. 74.8 67.8 81.1
Mar 03 Mar 04 Apr 03
Daily Visits 827 1537
Daily Avg. 69.1 73.2
Lincoln ~ Sept. 02 Sept. 03 ~ Oct 02
Daily Visits I 1813 1900I 2035
Daily Avg. 90.7 95 96.9
I Mar 03 Mar 04 ~ Apr 03
Daily Visits 1014 I 1730
Daily Avg. 84.5 82.4
Oct 03 ~ Nov 02 Nov 03 ~ Dec 02 Dec 03
1756 I 1074 1033 I 1091 1136
83.6 76.7 79.5 77.9 75.8
Apr 04
May 03 May 04 June 03
1388 432
73.1 61.7
June 04
Oct03 ~ Nov 02 Nov 03 ~ Dec 02 Dec 03
2128 I 1389 1337 I 1229 1414
101.3 99.2 102.9 87.8 94.3
May 03 May 04 ~ June 03
1523 I 524
8O.2 74.9
Apr 04
June 04
Jan 03 Jan 04 ~ Feb 03
1063 I 1202
71.1 66.8
02/03 Year03/0~
11,812 5281
73.4 78.8
Jan 03 Jan 04 I
1262
84.1
IYear 02/03 Year 03/0,,
14,017 6779
87.1 101.2
Feb 03
1498
83.2
Feb 04
Feb 04
Youth Basketball
League 2003 2004
K-Coed 56 68
1-2 Girls 46 59
1-2 Boys 98 103
3-4 Girls 64 75
3-4 Boys 102 107
i5-6 Girls 44 63
5-6 Boys 55 84
AAU 42 45
Totals 507 604
WOODBURN
IOA
TO:
FROM:
SUBJECT:
January 9, 2004
Mayor and City Council through City Administrator"
Mary Tennant, City Recorder
East Hardcasfle Avenue LID Final Assessment
RECOMMENDATION:
Council adopt the accompanying ordinance to levy assessments on property
located within the East Hardcastle Avenue Local Improvement District.
BACKGROUND:
On May 13, 2002, the City Council adopted Ordinance No. 2316 which
authorized the improvements to East Hardcastle Avenue from Pacific Highway
99E fo the east City boundary and established the boundaries and estimated
cost for properties located within the LID.
DISCUSSION:
City Ordinance No. 2105 outlines the procedure to be followed in establishing a
local improvement district and in finalizing assessments to benefited property
owners. Final costs have been determined and property owners were notified
by mail and through a legal publication in the Woodburn Independent on
November 5, 2003 of a public hearing on the final assessments to each property.
This hearing was held on November 10, 2003 and, as a result of some issues
brought up before the Council, was continued to December 8, 2003. The
Council concluded the hearing on December 8, 2003 and directed staff to
prepare the final assessment ordinance for consideration.
Upon passage of the ordinance, the property owners will receive notification of
the final assessment and instructions regarding payment or Bancroft bonding of
their assessment. If a property owner elects to pay their assessment over time
under the Bancroft bonding program, the interest rate to be charged is 5.44%
which is .5% above the estimated net effective rate of a bond sale.
Agenda Item Review:
City Administrator~,~2''
City Attorney
Financ~/
39
Mayor and City Council
January 9, 2004
Page 2
FINANCIAL IMPACT:
Passage of this ordinance will authorize the City to collect the $213,672 in
assessment costs allocated to the benefited property owners within the LID.
The financing for this project will be provided initially from City funds. The
alternative is to issue general obligation (G.O.) bonds and pledge the
assessment receipts to the debt service. The cost of issuing bonds is relatively
fixed, making them an uneconomic option for a small issue. For that reason
bonds were rejected for this LID. However, it may in the future be combined
with other LIDs and financed by a single large bond issue.
40
COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE LEVYING THE ASSESSMENT OF COSTS FOR THE
IMPROVEMENT OF EAST HARDCASTLE AVENUE FROM PACIFIC HIGHWAY
99E TO THE EAST CITY BOUNDARY AND DECLARING AN EMERGENCY.
WHEREAS, the City Council reviewed and approved the engineering report on the
improvement of East Hardcastle on February 11, 2002; and
WHEREAS, by Resolution No 1670 as amended by Resolution No. 1674, the City
Council declared its intent to improve though a Local Improvement District process, adopted the
method of assessment; and established a date for the public hearing; and
WHEREAS, a public hearing was held on April 22, 2002 to receive input from affected
property owners and insufficient remonstrances were received in either written or oral form to
prevent such improvement; and
WHEREAS, the assessment to each benefited property has been based on the benefit
received for the said improvement utilizing distribution method as outlined for each parcel
identified in Ordinance No. 2316; and
WHEREAS, legal notice of the public hearing on the proposed final assessment was
properly provided and mailed to the owner of each lot proposed to be assessed at the address of
record shown on the record with the Marion County Tax Assessor's rolls; and
WHEREAS, a public hearing on the final assessment cost was held on November 10,
2003 and concluded on December 8, 2003 to receive input from affected property; NOW,
THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
SECTION 1. Final assessments shall be levied against those properties within the
boundary of thc Local Improvement District, based on the construction cost of the improvement
and the benefit received utilizing distribution method as outlined in Ordinance No. 2316.
PAGE 1 - COUNCIL BILL NO.
ORDINANCE NO.
41
SECTION 2 INDIVIDUAL PROPERTY ASSESSMENTS
PROPERTIES WITH PRIMARY ACCESS 100% ASSESSMENT
T.R.S. TAX AREA APPR. TRIP RATE TOTAL
MAI:~ LOT # OWNER COST COST COST ASSESSMENT
051W08CD 6200 MILJ~'4;~JONN McKENNEY $927.45 $250.00 $1,405.10 $2,582.55
051W08DC 900 !JAEGER,CATHERINE M $812.85 $500.00 $973.44 $2,286.29
05~.W08DC ~.000 (Merged, cost added to 900) $,36~4 en nr e-~,- a~
051W08DC 1200 JAEGER,HENRYC & JOY L $406.42 $1,946.88 $2,353.30
051W08DC 1300 JAEGER,HENRY C &JOY L $406.42 $1,946.88 $2,353.30
051W08DC 1400 JAEGER,HENRY C &JOY L $406.42 $1,946.88 $2,353.30
051W08DC 1500 JAEGER, HENRYC & JOY L $406.42 $1,946.88 $2,353.30
051W08DC 1600 JAEGER, HENRYC & JOY L $387.93 $1,946.88 $2,334.81
051W08DC 1700 JAEGER,CATHERIHE M TR
HENRY $369.49 $0.00 $973.44 $1,342.93
051W08DC 1800 JAEGER,HENRYC &JOY L $0.00 $0.00 $0.00
051W08DC 1900 JAEGER,HENRY C & JOY L $539.90 $973.44 $1,513.34
051W08DC 2000 JAEGER, HENRY C & JOY L $423.43 $1,946.88 $2,370.31
051W08DC 2100 JAEGER,HENRYC & JOY L $423.43 $1,946.88 $2,370.31
051W08DC 2200 JAEGER, HENRYC & JOY L $423.43 $1,946.88 $2,370.31
051W08DC 2300 JAEGER, HENRY C & JOY L $391.62 $1,946.88 $2,338.50
051W08DC 2400 JAEGER, HENRYC & JOY L $480.31 $973.44 $1,453.75
051W08DC 3400 ALCAZAR,ANACLETO &
MARIA $276.01 $500.00 $1,405.10 $2,181.11
051W08DC 3500 IONKO,PAVEL& KORNEI_~ $256.38 $1,405.10 $1,661.48
051W08DC 3600 SHUBIN,GEORGE JR &
TANYA N $302.56 $1,405.10 $1,707.66
051W08DC 4400 KILMURRAY, MICHAEL&
PAMELA $293.32 $1,405.10 $1,698.42
051W08DC 4500 KOROBEINIKOV, IVAN&
EUGENIA $333.52 $1,405.10 $1,738.62
051W08DC 4600 MORALES,SALVADOR D &
AMBROClA C $259.85 $1,405.10 $1,664.95
051W08DC 4700 GONZALEZ,BENJAMIN A $263.29 $1,405.10 $1,668.39
051W08DC 4800 DAGGE.~ ~,JAMES L &
CAROL L $292.34 $1,405.10 $1,697.44
051W08DC 5500 ASCENClO,ROSA M-ETAL $701.99 $250.00 $1,405.10 $2,357.09
051W08DC 5700 VALENZUELA,JOSE &
LEOBARDA $287.97 $250.00 $1,405.10 $1,943.07
051W08DC. 5800 S.~..~O!L-'2'V,.~.*2~~- RIOS,
ISREAL BENJAMIN $295.61 $1,405.10 $1,700.71
051W08DC 5801 CORTEZ,JOAQUIN R & $387.98 $1,405.10 $1,793.08
051W08DC 5802 CONTRERAS,GULLERMO
& MARIA S $591.17 $250.00 $1,405.10 $2,246.27
051W08DC 5803 SAMOILOV, MIKE $2,513.56
$1,108.46 $1,405.10
051W08DC 5900 JAEGER, HENRY C & JOY L $1,856.98 $250.00 $1,405.10 $3,512.08
PAGE 2 - COUNCIL BILL NO.
ORDINANCE NO.
42
PROPERTIES WITH PRIMARY ACCESS 100% ASSESSMENT
T.R.S. TAX AREA APPR. TRIP RATE TOTAL
MAP~ LOT # OWNER COST COST COST ASSESSMENT
051W08DC 6000 ~
I kl~ff~l~DC~ Ikl~
MONTALYO, ERNESTO &
ROSA $1,859.31 $250.00 $1,405.10 $3,514.41
051W0SDC 6100 VAN CLEVE,ROBERT ET
AL $517.29 $250.00 $1,405.10 $2,172.39
051W0SDC 6101 QUALITY PLUS
INTERIORS INC $1,588.73 $1,405.10 $2,993.83
051W08DC 6300 SAMARIN,MICHAEL &
TANIA B $419.87 $1,946.88 $2,366.75
051W08DC 6400 SAMARIN,MICHAEL&
TANIA B $381.70 $1,946.88 $2,328.58
051W08DC 6500 SAMARIN,MICHAEL &
TANIA $381.70 $1,946.88; $2,328.58
051W08DC 6600 SAMARIN,MICHAEL &
TANIE B $435.56 $1,946.88 $2,382.44
051W08DC 6700 SAMARIN,MICHAEL &
TANIA B $0.00 $0.00 $0.00
051W08DC 6800 SAMARIN,MICHAEL &
TANIA B $780.20 $1,946.88 $2,727.08
051W08DC 6900 SAMARIN,MICHAEL&
TANIA B $524.67 $1,946.88 $2,471.55
051W08DC 7000 SAMARIN,MICHAEL &
TANIA B $683.75 $1,946.88 $2,630.63
051W08DC 7100 SAMARIN,MICHAEL &
TANIA B $127.23 $0.00 $127.23
051W08DCI 7200 SAMARIN,MICHAEL &
TANIA B $465.67 $1,946.88 $2,412.55
051W08DC 7300 ;SAMARIN,MICHAEL &
TANIA B $407.15 $1,946.88 $2,354.03
051W08DC 7400 SAMARIN,MICHAEL &
TANIA B $381.70 $1,946.88 $2,328.58
051W08DC 7500 SAMARIN,MICHAEL&TANI
A $419.87 $1,946.88 $2,366.75
051W08DC 7600 HAGENAUER,DONALD L &
AGNES $762.98 $250.00 $1,405.10 $2,418.08
051W08DC 7700 AFANASIEV,VLADIMIR &
NATALIA $254.47 $1,405.10 $1,659.57
051W08DC 7800 SANCHEZ, ROSALIO &
ROJAS,SILVIA & $254.47 $1,405.10 $1,659.57
051W08DC 7900 SOLANO,LUClA&OTHERS $254.47 $1,405.10 $1,659.57
051W08DC 8000 SORIANO,ARON P & NORA $254.47 $1,405.10 $1,659.57
051W08DC 8100 BARTOLO,JORGE H &
MARIA SARA & OTHERS $254.47 $1,405.10 $1,659.57
051W08DC 8200 ~'rm, "',SUSAN
DAVIDSON $254.47 $1,405.10 $1,659.57
PAGE 3 - COUNCIL BILL NO.
ORDINANCE NO.
4.3
PROPERTIES WITH PRIMARY ACCESS 100% ASSESSMENT
T.R.S. TAX OWNER AREA APPR. TRIP RATE TOTAL
MAP# LOT # COST COST COST ASSESSMENT
051W08DC 8300 WINDSOR-SMITH $265.71 $1,405.10 $1,670.81
051W08DC 8400 LOPEZ,ANTIMO &
MARIBEL $271.43 $1,405.10 $1,676.53
051W08DC 8500 HERRERA, HERMELINDO
ET AL $271.43 $1,405.10 $1,676.53
051W08DC 8600 VASQUEZ-CRUZ,JESUS E
$424.11 $1,405.10 $1,829.21
051W08DC 8700 MENDOZA,CHARLENE A $296.88 $1,405.10 $1,701.98
051W08DC 8800 WINDSOR-SMITH $288.40 $1,405.10 $1,693.50
051W08DC 8900 WINDSOR-SMITH $265.92 $1,405.10 $1,671.02
051W08DC 9000 BOUCHAIN,JORGE LUlS & $288.40 $1,405.10 $1,693.50
051W08DC 9100 SMITH,JUNE E $296.88 $1,405.10 $1,701.98
051W08DC 9200 ~,",-,,.^,,-, I ,J.~.!':~-T .~ ~ F
CHERNISHOFF, ANATOLIE $441.08 $1,405.10 $1,846.18
051W08DC 9300 HAGENAUER, KAREN ET
AL $466.52 $250.00 $1,405.10 $2,121.62
051W08DC 9400 -eTO.~!E,FLUP. P.Y D [
JU.~..N!T GLOMBOSKE,
DEANNE P $635.96 $250.00 $1,405.10 $2,291.06
OSIWOSDC 940~ H.~.RPER,SUSAH M.~.R!F $0.00 $0.00 $0.00
051W08DD 3000 GOODE,JEFFREY F
FEDERAL HOME LOAN
MORTGAGE CORP $250.31 $1,405.10 $1,655.41
051W08DD 3100 SUTTER,FRANKA&
KAREN J $298.74 $1,405.10 $1,703.84
051W08DD 3200 RIVERA,JOSE $317.70 $1,405.10 $1,722.80
051W08DD 3300 RIVERRA,JOSE &
RIVERA, RAUL $92.37 $0.00 $92.37
051W08DD 3400 MITSUK,ALEXEY &
NAD EZH DA $557.58 $1,405.10' $1,962.68
051W08DD 3500 u, ,o, --,-oT ,,"oA,~l , ~
~ $331.53 $1,405.10 $1,736.63
051W.08DD 3600 MINGEAR~CLINTA& $267.83 $1,405.10 $1,672.93
051W08DD 3700 GEORGIEFF,ALEX&ANNA $295.52 $1,405.10 $1,700.62
051W08DD 3800 BEST, CHRIS C &
KATHLEEN JM $299.68 $1,405.10 $1,704.78
051W08DD 3900 w^, ,u,~, c,-,',n,,-,,-, £
~ ULLOA MEZA,
YIMMI & LAURA $260.49 $1,405.10 $1,665.59
051W08DD 4000 BROWN,SANDRA F $290.73 $250.00 $1,405.10 $1,945.83
051W08DD 4100 LIVINGSTON,GARY L &
CAROLYNE $250.99 $250.00 $1,405.10 $1,906.09
051W08DD 4200 SANDOVAL,VICTORIA $297.81 $250.00 $1,405.10 $1,952.91
051W08DD 4300 FIRST REFORMED
CHRISTIAN MOLOKAN
$3,530.24 $0.00 $1,405.10 $4,935.34
PAGE 4 - COUNCIL BILL NO.
ORDINANCE NO.
PROPERTIES WITH PRIMARY ACCESS: 100% ASSESSMENT
T.R.S. TAX AREA APPR. TRIP RATE TOTAL
MAP# LOT # OWNER COST COST COST ASSESSMENT
051W08DD 4600 WYA~,WILLIAM E &
SUSAN L $575.35 $250.00 $1,405.10 $2,230.45
051W08DD 4700 ELDREDGE,VESSIET&
RUTH F $572.68 $1,405.10 $1,977.78
051W08DD 4800 DAVIS,EDWIN WILLIS $471.53 $1,405.10 $1,876.63
051W08DD 4900 SIMPSON,CHARLES L&
ELEANOR C $456.22 $1,405.10 $1,861.32
051W08DD 5000 MOREJON,GREG &TANIA $567.40 $1,405.10 $1,992.50
051W08DD 5100 LISOFF,SOLOMEYA $487.73 $1,405.10 $1,892.83
051W08DD 5200 ALLISON,JAMES L &
CAROLE J $676.05 $1,405.10 $2,281.15
051W08DD 5300 TAYLOR, ELIZAB~- rHA $596.97 $1,405.10 $2,004.07
051W08DD 5400 PEARCE,GARRY A &
FRANCES JOYCE $595.54 $1,405.10 $2,000.64
051W08DD 5500 FISCHER,DAID G & MARY
JEAN $625.31 $1,405.10 $2,030.41
051W08DD 5600 KIRSCH,JAMES P &
REBECCA J $713.06 $250.00 $1,405.10 $2,368.16
SUB TOTAL $178,788.79
PROPERTIES WITH SECONDARY ACCESS, 75% PRORATED ASSESSMENT
T.R.S. TAX AREA APPR. TRIP RATE TOTAL
MAP # LOT # OWNER COST COST COST ASSESSMENT
051W08DC 300 BIGEJ,JACK R & DEANNA $1,161.01 $250.00 $730.08 $2,141.09
051W08DC 2800 ~_~o ,^~, ,~o,,_~.W.~.E.NCE
SCYMANKY, JOSEPH &
JUANA $256.76 $1,053.82 $1,310.58
051W08DC 2900 THOMPSON,JOSEPH E Er AL $200.43 $1,053.82 $1,254.25
051W08DC 3000 HAND,PHILIP J & KATHLEN M $200.43 $1,053.82 $1,254.25
051W08DC 3100 LEOS,JOSE ISlDRO &
ROSALI N DA $200.43 $1,053.82 $1,254.25
051W08DC 3200 DISHON,TOMMY R & LINDA L $268.15 $1,053.82 $1,321.97
051W08DC 3300 .MA.m-.v. HA.M,JA.ME_~ D ~_
REYES, GABRIEL & AMPELIA $254.66 $1,053.82 $1,308.48
051W08DC 3700 .u. UT-~.u.!:.'-eO:.',DA !D L &
~ JAQUEZ, FAUSTO
& JUANA $193.72 $1,053.82 $1,247.54
051W08DC 3800 POWERS,WARREN L &
KATHY L $194.48 $1,053.82 $1,248.30
051W08DC 3900 COOPER,DOUGLAS L&
ELIZABETH $194.16 $1,053.82 $1,247.98
051W08DC 4000 MCPHERSON,DENIS C $193.60 $1,053.82 $1,247.42
SUB TOTAL $14,836.11
PAGE 5 - COUNCIL BILL NO.
ORDINANCE NO.
45
PROPERTIES WITH SECONDARY ACCESS, 50% PRORATED
T.R.S. TAX OWNER AREA TRIP RATE TOTAL
MAP # LOT # COST COST ASSESSMENT
051W08DC 2500 CITY OF WOODBURN $152.32 $702.55 $854.87
051W08DC 2600 IBANEZ,MARIO ULLOA & OTHERS $147.23 $702.55 $849.78
051W08DC 2700 CHAPELLE,FRANK A & LUCILE M
ETAL $222.30 $702.55 $924.85
051W08DC 4100 JAMISON,DALENE J $144.22 $702.55 $846.77
051W08DC 4200 CARR,KENNETH H & ELLAMAE $146.95 $702.55 $849.5(3
051W08DC 4300 OP~,HGE,P~,LPH E SUTTEN MISSION
SOCIETY $124.05 $702.55 $826.6(3
051W08DD 2900 .~_.*.ST!LLO,.*.RCA_n!O JR & .~!~.'!'Y. LE~_
SUNDHOLM, NORMAN $166.15 $702.55 $868.70
SUB TOTAL $6,021.07
PROPERTIES WITH SECONDARY ACCESS, 25% PRORATED ASSESSMENT
T.R.S. TAX OWNER AREA TRIP RATE TOTAL
MAP# LOT # COST COST ASSESSMENT
051W08DD 700 EATON,ROSEMARY $79.26 $351.27 $430.53
051W08DD 800 HOWELL,LINDA H $68.93' $351.27 $420.20
051W08DD 900 SUPINO,EDWARD J & MARY V $68.93! $351.27 $420.20
051W08DD 1000 RAYON,ROY E $68.93 $351.27 $420.20
051W08DD 1100 GUBKIN,ANDREY & $68.37 $351.27 $419.64
051W08DD 1200 BROWN,EWART F & LINDAG $63.65i $351.27 $414.92
051W08DD 1300 SCHMIDT,GREGORYL & SHARON
P $75.04! $351.27 $426.31
051W08DD 1400 RICHARDSON,FAY K $98.301 $351.27 $449.57
051W08DD 1500 CABALLERO,AMADOR M &JOLINE $76.56 $351.27 $427.83
051W08DD 1600 n^ ,e ,~:e n ~. ~AAov LA
SANCHEZ, ROSEMARIE & JESUS $68.15 $351.27 $419.42
051W08DD 1700 SANCHEZ,JESUS E & ROSEMARIE $68.93 $351.27 $420.20
051W08DD 1800 RABIMOV,SUKHROB U & MAVJUDA $68.93 $351.27 $420.20
051W08DD 1900 DE DIOS,GENARO & SANJUANITA $68.93 $351.27 $420.20
051W08DD 2000 FARRELL, NANCY J $79.26 $351.27 $430.53
051W08DD 2100 WYATT,WILLIAM E & SUSAN L $74.22 $351.27 $425.49
051W08DD 2200 STIGNEI,FEODOR $74.22 $351.27 $425.49
051W08DD 2300 CITY OF WOODBURN PUBLIC
PARK $972.59 $123.14 $1,095.73
051W08DD 2400 REYES,MARCIAL & CORTEZ, MARIA $74.22 $351.27 $425.49i
051W08DD 2500 CHAVEZ,FRANK C & MARIA C $74.22 $351.27 $425.49
051W08DD 2600 RIVERA,ANTONIA ET AL $74.22 $351.27 $425.49
051W08DD 2700 SPARRE,P_~.Y!~O.~.'_n P ~_ P.~..~E'_~. R
SALDANA,JOSE HERNANDEZ $74.22 $351.27 $425.49
051W08DD 2800 MELLON,FREDWlLLIAM & IANTHA $70.25 $351.27 $421.52
051W08DA 6100 GARDINER,ROBERTJ & BRENDAJ $74.22 $351.27 $425.49
051W08DA 6200 MURAVIOV, NASTASlA ET AL $74.22 $351.27 $425.49
051W08DA 6300 CHEREMNOV,SERGEY& MARIA $74.22 $351.27 $425.49
PAGE 6 - COUNCIL BILL NO.
ORDINANCE NO.
46
PROPERTIES WITH SECONDARY ACCESS, 25% PRORATED ASSESSMENT
T.R.S. TAX OWNER AREA TRIP RATE TOTAL
MAP# LOT # COST COST ASSESSMENT
051W08DD 4300 (CITY PARK) MOLOKAN CHURCH $488.73 $60.31 $549.04
SUB, TOTAL $11,835.65
A. PROPERTIES WITH SECONDARY ACCESS, 12.5% PRORATED ASSESSMENT
T.R.S. TAX OWNER AREA TRIP RATE TOTAL
MAP# LOT # COST COST ASSESSMENT
051W08DA 5300 o_A?~.%o.!.~;,TAH!A a_ ~_ _~pR!.~;~Ep.,v ~-
AGUILAR, CONRADO & EGINIO $68.39 $175.64 $244.03
051W08DA 5400 RADY,ANDREW A TRUSTEE $30.92 $175.64 $206.56
051W08DA 5500 CITY OFWOODBURN $2.61 $0.00 $2.61
051W08DA 5600 CITY OF WOODBURN $2.52 $0.00 $2.52
051W08DA 5700 DILSAVER,JILL E $40.22 $175.64 $215.86
051W08DA 5800 MOORE,JULIA D $47.76 $175.64 $223.40
051W08DA 5900 MOLODIH,MARK-ETAL $38.22 $175.64 $213.86
051W08DA 6000..--.--.--.--..,""-""r'~nA ,,',,c~,-' o ~AO,^
MONTOYA' ALVARO & MARTHA $37.10 $175.64 $212.74
051W08DA 6400 KOPEIKIN,VASILY O S LUBA $42.38 $175.64 $218.02
051W08DA 6500 SCHINDLER,DENAM $37.10 $175.64 $212.74
051W08DA 6600 KEYMOLEN,FRANCISCA& SHEYLA $39.02 $175.64 $214.66
051W08DA 6700 COFFEY,L'A.~.'CY P. PUTH, SANDRA $47.74 $175.64 $223.38
SUB TOTAL $2,190.38
SECTION 5 INTEREST RATE
Pursuant to Section 11 of Ordinance No. 2316, the interest rate is hereby established at
5.44% and the accrual shall start from the effective date of this ordinance unless payment
is made within 30 days of the effective date of this ordinance.
SECTION 6 METHODS OF PAYMENT~ DURATION AND AMOUNTS
In accordance with ORS Chapter 223 (Local Improvements), benefited property
owners have the option of paying their final assessments in the following manner:
1) Full payment of the final assessment within 30 days of the effective date of this
ordinance without incurring interest charges; or
2) Installment payment plan over a ten (10) year period whereby semi-annual payments
will be made equal to 1/20 of the cost of their share of the assessment plus interest
In event an installment payment plan is elected by the benefited property owner and the
outstanding lien is to be paid offbefore the end of the 10-year period, interest will be
calculated to the date of the lien payoff.
PAGE 7 - COUNCIL BILL NO.
ORDINANCE NO.
47
SECTION 7. NOTICE
The City recorder is hereby ordered to publish and send notices of the assessments levied
by this ordinance pursuant to Ordinance No 2105.
SECTION 8. EMERGENCY CLAUSE.
This ordinance being necessary for the immediate preservation of the public peace,
health, and safety, an emergency is declared to exist and this ordinance shall take effect
immediately upon passage by the Council and approval by the mayor.
City Attorney Dat
Approved:
Passed by Council
Submitted to the Mayor
Approved by the Mayor
Filed in the office of the Recorder
Attest:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Kathryn Figley, Mayor
PAGE 8 - COUNCIL BILL NO.
ORDINANCE NO.
48
lOB
January 8, 2004
TO:
FROM:
SUBJECT:
Mayor and City Council through City Administrator
D. Randall Westdck, Recreation and Parks Director/~
Parks and Recreation Systems Development Charges (SDC) Revision
RECOMMENDATION:
Approve the attached resolution setting the amounts of the parks and recreation
systems development charges, alternative rate review and alternative payment
request imposed by Ordinance No. 2250; and establishing an effective date of
January 15, 2003 for impositian of the fees.
BACKGROUND & DISCUSSION:
Ordinance 2250 includes a provision for the City Administrator to adjust the rates to
account for increased cost for construction and land acquisition. This adjustment
will take effect January 1 of each year. Staff has collected the data for use in the
formula to calculate this amount. The formula, as outlined in the Ordinance, uses
the Engineer Record News Construction Cost Index for Seattle to calculate
increased canstruction costs and Marion County Assessor's Office Average Market
Value to calculate increased cost for land costs. The formula is:
Change in Average Market Value x .50
+ Chan.qe in Construction Cost Index x .50
= Systems Development Charge Adjustment Factor
FINANCIAL IMPACT:
A detailed calculation is attached. Taking into account these two indexes, the
adjustment factor requires an increase of 9.16%.
Attachments: Parks and Recreation SDC Revision Calculations- January 1,2003
Parks and Recreation SDC Resolution
Agenda Item Review:
City Administrator City Attorney .j~/~_~
Financ~ .~,~)~
49
Parks and Recreation SDC Revision Calculations January 1, 2004
January 200~ Parks and Recrest[on SDC Adjustment Calculation
Index
January 2002 Market Value
January 2003 Market Value
Chan~le in Value x 50%
January 2002 CCI
January 2003 CCI
Change in Value x 50%
Value
$1,158,366,430
$1,340,010,713
7368.25
7561.98
Adjusted
Change
0.5784
0.5131
Annual Adjustment Rate 1.0916
Revised Parks and Recreation Systems Development Char;es
Annual Proposed
Adjustment Rates
Unit Current Rate Factor w/Adjustment
Single-Family/Dwelling Unit $1,386 1.0916 $f,5'13
Multi-Family/Dwelling Unit $1,508 1.0916 $f,646
Manufactured Housing/Dwelling Unit $930 1.0916 $f,0'15
Non-msidentiaFEmployee $25 1.0916 $27
50
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION SETTING AMOUNT OF THE PARKS AND RECREATION
SYSTEMS DEVELOPMENT CHARGE, ALTERNATIVE RATE REVIEW FEE,
ALTERNATIVE PAYMENT REQUEST FEE IMPOSED BY ORDINANCE NO. 2250;
AND ESTABLISHING AN EFFECTIVE DATE FOR IMPOSITION OF THE FEES
WHEREAS, ORS 2 23.297 - 2 23.314 authorizes 1 ocal governments to impose system
development charges; and
WHEREAS, t he City has developed methodologies to support the implementation of
Parks and Recreation Systems Development Charge; and
WHEREAS, the City has adopted Ordinance No. 2250 establishing Parks and Recreation
Systems Development Charge; and
WHEREAS, Ordinance No. 2250 provides that the mounts of the Parks and Recreation
and Parks Systems Development shall be set by resolution; and
WHEREAS, Ordinance No. 2250 provides for the imposition of fees to be charged for
the review of alternative rates and alternative payment requests; and
WHEREAS, Ordinance No. 2250 provides that the amounts of the fees to be charged for
the review of alternative rates and alternative payment requests shall be set by resolution; NOW
THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. PARKS AND RECREATION SYSTEMS DEVELOPMENT CHARGE.
The schedule of Parks and Recreation Systems Development Charge attached as Exhibit
"A", and, by this reference, incorporated herein is hereby adopted to be imposed beginning the
effective date identified in Section 3 of this resolution.
Section 2. ALTERNATIVE RATE REVIEW FEE
The minimum fee for review of an alternative rate calculation shall be two-hundred-and-
fifl3t dollars ($250), to be paid at the time the alternative rate calculation is submitted for review.
If the City hires a consultant to assist in reviewing the information submitted, the cost of the
consultant's review shall be shared equally by the City and the applicant, and the applicant shall
pay this additional fee at the time the City decides whether or not to accept the alternative rate.
Page 1 - Council Bill No.
Resolution No.
,51
Section 3. EFFECTIVE DATE
The effective date for imposition of the fees and charges identified in this resolution shall
be January 15, 2004.
Section 4. REPEAL
This Resolution repeals all prior resolutions which
Systems Development Charges.
^ rowd to
City Attorney
establish
Parks and Recreation
Date
APPROVED:
Kathy Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the RecOrder
ATTEST:
Mary Tennant, Recorder
City of Woodbum, Oregon
Page 2 - Council Bill No.
Resolution No.
52
EXHIBIT "A"
PARKS SYSTEM DEVELOPMENT
CHARGE SCHEDULE
Effective: January 15, 2004
DEVELOPMENT TYPE
Single Family (also duplex,
Manufactured housing not in a park)
Multi-Family
Manufactured housing (in a park)
Non-residential
SDC PER UNIT
$1,513/dwelling unit
$1,646/dwelling unit
$ 1,015/dwelling unit
$ 27/employee
lOC
January 6, 2004
TO:
FROM:
SUBJECT:
Mayor and City Council through City Administrator
Public Works Director ~ ~
Engineering Report for Boones Ferry Road
RECOMMENDATION:
Approve the engineering report for Boones Ferry Road Improvement from State
Highway 214 to Goose Crcck, and direct staff to prepare a resolution of intent to
improve.
(Note: A public headng date will be set by the resolution of intent to improve
Boones Ferry Road by council action in the future)
INFORMATION
The city council may choose one of the options outlined below for their decision
making.
Approve the report as presented
Require certain modifications to the report prior to approval
Reject the report
BACKGROUND & DISCUSSION:
Boones Ferry Road from Oregon State Highway 214 to Goose Creek is identified
in the capital improvement program of the city. The council by Resolution 1530
directed the City Engineer to prepare the engineering report. This section of
Boones Ferry Road will be improved as a Minor Arterial in accordance with the
Woodbum Transportation Plan utilizing the funding sources outlined in the
Engineering Report.
The attached report for Boones Ferry Road Improvement outlines the properties
in the proposed Local Improvement District boundary, the needed
improvement to the strcct, the cost estimate, the proposed distribution of
Agenda Item Review:
City Administrator~'c~
City Attorney i~/'&,~
Financ~
assessment cost and a payment plan that allows property owners to pay their
obligation in a pedod of ten years.
I will be available to answer questions from the council dudng my presentation
at the meeting.
FINANCIAL IMPACT:
There is no financial impact by the recommended action, however, project
costs are outlined in the attached enginccdng report.
Attachment:
Outline of LID and Assessment Process
Engineering Repod
PROCESS FOR
LOCAL IMPROVEMENT DISTRICT (LID)
PROJECT INITIATION: Project is initiated by petition or by action of the City
Council
RESOLUTION AUTHORIZING AN ENGINEERING REPORT: City
Council, by approval of a resolution, directs staff to prepare an engineers report
for the improvement
WE ARE HERE
ENGINEERING REPORT APPROVAL: Engineers report contains, project 4
need, method of assessment, cost estimate based on preliminary engineering,
Local Improvement District (LID) boundary. The City Council may at this stage
direct staff to prepare a "Resolution of Intent to Improve".
RESOLUTION OF INTENT TO EMPROVE: LID boundary and assessments
are defined for public process. Public hearing date set with council approval of
resolution.
ADVERTISEMENT OF PUBLIC HEARING: The City Recorder gives notice
meeting legal requirements of advertising for public hearing.
PUBLIC HEARING: City Council holds a public hearing on the project and
receives input from the affected property owners, fi, at the time ofhearing~
written remonstrances are received from the owners of majority of land within the
LID, consideration of the LID must be suspended for six months.
CITY COUNCIL DECISION:
a. Direct staffto prepare an assessment ordinance
b. Direct staff make modifications to the LID
c. Abandon or postponement of the LID
8. ADOPTION OF THE ASSESSEMENT ORDINANCE: Funding defined.
COMPLETION OF FINAL ENGINEERING: Final engineering plans,
specifications and contract documents are completed.
10.
ADVERTISEMENT FOR BIDS AND BID AWARD: The project is advertised
and bids are received. The City Council reviews staff recommendation and
awards the contract for construction to the lowest responsible bidder. (Note: City
may receive bids earlier but contract award can not take place until assessment
ordinance has been adopted)
11.
12.
CONSTRUCTION ACTIVITIES: Construction takes place under the
supervision of the City Engineer. (Note: This is the time when the public sees
project action)
FINAL ASSESSMENT ORDINANCE: Upon completion of the improvements
the final assessment process is followed. The process requires another public
hearing and explanation of payment plan time lines.
Revised 5/16/03
56
me
ENGINEERING REPORT
FOR
IMPROVEMENTS OF
BOONES FERRY ROAD, FROM HIGHWAY 214
INTERSECTION TO GOOSE CREEK
EXISTING CONI)mONS;
A. BOON-ES FERRY ROAD
Boones Ferry Road between Highway 214 and Goose Creek
currently provides two travel lanes and one turn lane at the intersection of
Highway 214, the cross section then tapers near the north end providing
only two travel lanes. Curbs and sidewalks exist on a portion of the school
property on the West Side and curbs exist adjacent to a small section on
the East Side. This portion of Boones Ferry Road is identified in the
adopted capital improvement program to be improved for safety and
capacity issues.
Boones Ferry Road is designated as a Minor Arterial in the
Woodburn Transportation Plan requiring a minimum of two travel lanes, a
center turn lane, bike lanes and sidewalks on both sides. The current cross
section does not comply with this standard or the capacity requirements.
In addition to the substandard lane configuration, curbs and sidewalks for
pedestrian traffic are only provided on a portion of the west side, this
creates additional safety issues.
Traffic volumes have also increased approximately 30% in the past
5 years. Traffic counts in 2002, showed a traffic volume of 6300 daily
trips per day. The lack of having a southbound lane by itself, that is not
combined with the left turn lane, increases the stacking distance from the
intersection creating problems during peak hours for safe ingress and
egress to adjoining properties.
PROPOSED IMPROVEMENTS
A. BOONES FERRY ROAD
Boones Ferry Road from State Highway 214 to the Goose Creek (the
existing improved portion) will be widened to 63 feet in width and
improved with curb and sidewalk both sides. The cross section will
provide for four lanes that taper down to three lanes at Goose Creek. The
proposal includes one travel lane in each direction, plus a southbound lane
for right turns and a center turn lane that becomes a left turn lane at the
intersection. Bike lanes and sidewalks will be provided on both sides with
Page 1 of 11
57
the improvement. The sidewalk on the west side will be widened to seven
feet, instead of the standard five feet to provide for the increased volume
of pedestrian traffic from the school. The improvement will include street
lighting and the undergrounding of overhead utilities.
A plan showing the lane configuration and project boundary is included as
Attachment "A"
B. HIGliWAY 214/SETTLEMIER INTERSECTION (For
Information Only)
As a separate project, the intersection improvement plan of
Highway 214 and Settlemier/Boones Ferry has been developed and
the costs associated with the intersection improvements will not be
assessed against the properties. Oregon Department of
Transportation (ODOT) has the jurisdiction over the Highway 214
intersection and thus it will be the decision maker for the
intersection improvement and control the contracting and
inspection. The proposed Boones Ferry Improvements reflect
design requirements of ODOT and will require that both projects
be coordinated well.
The improved section on Boones Ferry as well as Settlemier
will be widened, providing two travel lanes, a bikelane in each
direction and two turn lanes The improvement will be complete
with traffic signal, curbs, bikelanes, sidewalks, ADA ramps at all
intersections, street lighting and undergrounding of above ground
utilities. All additional widening of street will be made towards the
west side of existing pavement as approved by the council.
The unsignalized dedicated right turn lane onto Settlemier from
Highway 214 will be eliminated. This will eliminate the safety
issue for pedestrians crossing at this intersection without the aid
pedestrian signal.
A portion of Settlemier Avenue will be widened in conjunction
with the intersection improvement, from Highway 214 to slightly
beyond Church Street. Settlemier at Highway 214 will include two
travel lanes, two turn lanes and bikelanes in each direction. From
Church Street to Harrison the improvement will be tapered back to
match the existing improved section at Harrison. A median will
also be placed on Settlemier restricting lei~ turn traffic movements
onto Church Street. Church Street will be restricted to right in and
right out only.
Page 2 of 11
58
C. UTILITY UNDERGROUNDING
In conjunction with both projects, existing overheard utilities will
be placed underground.
RIGHT OF WAY ACQUISITION
In accordance with previous council decision, the intersection widening
will take place towards the west, This slight shift of the intersection will require
the acquisition of additional right of way only on the west side.
Boones Ferry Road fight of way is currently 72.50 feet in width, an
additional 10 feet of right of way will be required on the west side from the school
district to accommodate the shit~ed improvement. The School District has
previously dedicated to the city, a right of way of 12.5 feet in width along the east
line of their property and a contiguous 10 foot wide easement. The 10 feet of right
of way will be in addition to 12.5 foot previous dedication
In addition to the right of way to be acquired, utility easements will be
required at various locations to place vaults and pedestals for the undergrounding
of utilities on both the east and west side.
All of the fight of way and most of the easement will have to be acquired
from the school property. The school parking lot will be impacted significantly.
To help the situation, the City Engineer is developing a modified parking plan
acceptable to the School District. Also with the approval of this report, city
engineer is authorized to spend up to $5,000 to remove portions of cur'os and
pavement to improve the school parking lot operation. Any additional cost issues
will be addressed by the city during right of way dedication period.
PROPOSED METHOD OF FUNDING
The fimding mechanism to accomplish this project includes the following:
A. CITY FUNDS AND ODOT PROVIDED FUNDS:
i Street C~ Funds
ii Traffic Impact Funds
iii
Surface Transportation
Program (STP) Funds
From ODOT
Page 3 of 11
159
B. ASSESSMENT AGAINST THY. PROPERTIES:
Other than the city and ODOT support, it is proposed that all other
costs associated with the Boone Ferry Improvement Project, starting
approximately 50 feet north of the intersection of Highway 214, be
assessed against benefiting properties. The assessment cost is proposed to
include one third of the undergrounding of utilities to be funded.
Properties within the district that have existing curbs and/or
sidewalks adjacent to Boones Ferry Road will be credited the replacement
of improvement cost, the proposed assessments will be reduced by that
amount.
5. BOUNDARY OF THE PROPOSED LOCAL IMPROVEMENT DISTRICT:
The property subject to the assessment of this district are those properties within
the following described boundary:
Beginning at the Southwest comer of the Henrys Farm Subdivision, as recorded
in Volume 41, Page 46, Marion County Book o fTown Plats: Thence Easterly
along the south line of said subdivision to the Southeast comer thereof; Thence
Easterly along an Easterly extension of the South line of said Henry's Farm
Subdivision to a point on the West line of Lot 36, Miller Farm Subdivision,
Marion County Book of Town Plats Vol. 40, Page 24; Thence Southwesterly
along the Westerly line of said Miller Farm Subdivision to the Southwest comer
of Lot E of said subdivision; Thence Southeasterly along the South line of said
Lot E to the Southwest corner of lot 6, Northwood Plaza Addition No. 1
Subdivision as recorded in Volume 35, Page 12, Marion County Book of Town
Plats; Thence Southeasterly along the south line of said lot 6 to the Northwest
corner of lot $ of said Northwood subdivision; Thence Southwesterly to the
Southwest corner of Lot 4 of the said Northwood Subdivision, Said point also
being on the North line of the Oregon State Highway 214. Thence Westerly along
the North line of said Highway 214 to its intersection with the Easterly line of
Boones Ferry Road; Thence Westerly to the intersection of the North line of said
Highway 214 and the Westerly line of Boones Ferry Road: Thence Westerly
along the North line of said Highway 214 to a point on the West line of that
certain tract of land conveyed to the Woodbum School District by instrument
recorded in Reel 1225, Page 614, Marion County Deed Records; Thence
Northerly along the said West line to the place of beginning. All being situated in
Section 7, Township 5 South, Range 1 West of the Willamette Meridian, Marion
County, Oregon.
Page 4 of 11
6O
A map of the Local Improvement District is included as Attachment "B"
e
PROPERTIES WITitlN THE LOCAL IMPROVEMENT DISTRICT:
MARION
COUNTY TAX LOT # ADDRESS PROPERTY OWNER
MAP #
051W07CA 500 950 Boones Ferry, First Presbyterian Church of WDB
051W07CA 400 1002 Boones Ferry Boones Ferry Development Co.
051W07CA 300 1034 Boones Ferry Tyler, Marvin L
051VV07CA 200 1018 Boones Ferry Caba, Nicholas
051W07CA 100 1040 Boones Ferry Woodbum Ambulance Service
051W07BD 2501 1000 Block Bershengle Enterprises Partnership
051W07BD 2500 1000 Block Bersheng!e Enterprises Partnership
051W07BD 2400 1050 Boones Ferry Cornwall Family LTD Partnership
051W07BD 2300 1025 Boones Ferry Woodbum School District No. 103C
PROPERTY BENEFIT DETERMINATION:
A. BENEFITTED PROPERTIES:
All Properties abutting the proposed improvement of Boones Ferry
Road and utilizing it either for direct access or access through private
easement or agreement are determined to benefit from the
improvement and shall be assessed utilizing the following fair share
methods:
a. Trip Generation, Load Allocation Method:
b. Front Footage, Value Allocation Method:
Lot Area, Current and Future Value and Load Allocation
Method
All the properties that do not adjoin the proposed Boones Ferry
Improvement but utilize Boones Ferry for access through private
property by easement or agreement are determined to benefit from the
improvement and as such shall be assessed utilizing the following fair
share cost distribution method:
a. Trip Generation, Load Allocation Method
Lot Area, Current and Future Value and Load Allocation
Method
Page 5 of 11
61
Ce
PROPOSED DISTRIBUTION METHOD OF PROJECT
ASSESSMENT COST
The following is proposed for the distribution of the project
assessment cost against benefiting properties.
Trip Generation Method: The loading on the roadway is
directly proportional to the activities of the adjoining
properties through trip generation; therefore, it should carry
the larger portion of the project assessment cost. It is being
proposed that 60% of the project assessment cost be
allocated against trip generation units.
bo
Front Footage Method: The front footage portion of the
improvement reflects the value benefit to properties that the
improvement provides to the office/commercial type of
properties, however its impact is lower than trip generation.
Therefore, it should be kept at a lower cost sharing level. It
is being proposed that 20% of the project assessment cost
be allocated against front footage units.
Lot Area Method: The addition of existing and future
loading through development of the properties and
miscellaneous cost associated with street lighting, sewer
and storm water are reflected in area; therefore this must be
allocated similar to the front footage. It is being proposed
that 20% of the project assessment cost be allocated
against lot area units
PROPOSED UNIT DETERMINATION FOR THE METHOD
DISTRmUTION OF PROJECT ASSESSMENT COST:
Trip Generation: The number of daily trips generated by a property
in the assessment district shall be used as a unit for cost distribution
purposes. Trip generation rates of the properties within the assessment
district will be based on the 6' Edition publication of trip generation
manual by the Institute of Transportation Engineers (ITE). In the
absence of trip generation data in the manual, actual or estimated trip
generation counts shall be used.
Note: The ITE manual does not provide well defined data for trip
generation of parking lot (tax lot 2500 & 2501) used by Tukwila
Medical Clinic, and therefore, these lots have been assigned an
Page 6 of 11
62
estimated trip generation of 25 trips per day each, or a combined total
of 50 trips per day. This value will be verified in the field during a
period which reflects average volume to the facility. Adjustment will
be made to the allocated assessment amount after the study is
complete. The increase in assessment of this property, if any, will be
limited to l0 percent of the present proposed value for trip generation
load.
Lineal Front Footage: The number of feet offontage of the
individual parcel or lot of frontage adjacent to Boones Ferry Road
improvement will be used for determining the assessable cost. The
assessment cost allocation of developed and underdeveloped property
will be alike.
Lot Area: The project assessment cost will be distributed based on the
area in square footage of the individual parcel or lot within the district.
The area cost will be calculated the same for developed or
underdeveloped property
ENGINEERS PROJECT COST ESTIMATE:
Ao
The estimated cost of improving
Boones Ferry Road
1. Street Improvements
2. Utility Under Grounding
$400,000
$129,000
TOTAL PROJECT COST
Note: Estimated costs includes engineering, administration and contingency
DISTRIBUTION OF PROJECT COST:
Ae
PROJECT COST TO BE FUNDED BY THE CITY AND ODOT
Costs that are not to be assessed
1. Boones Ferry Road Improvement
a. Capacity Cost
b. Right of Way Cost
c. Undergrounding Cost Share
(2/3 Total Cost)
d. Parking Lot Improvements
e. Credit allowance for existing
improvements
TOTAL TO BE FUNDED BY
THE CITY AND ODOT
$96,489
$25,000
$86,000
$17,835
$17,676
Page 7 of 11
63
Be
PROJECT COST TO BE DISTRIBUTED
AGAINST THE BENEFITED PROPERTIES
Street Improvement Cost to be distributed
against the benefiting properties less the
cost share by the city as outlined in
subsection A above.
$286,000
PROJECT COST TO BE ASSESSED
TOTAL PROJECT COST (243K + 286K) -- ~
Note: Estimated project costs include 10 % for contingency and
10% for engineering and administration
C. DETERMINATION OF INDIVIDUAL PROPERTY UNITS
MARION
COUNTY TAX ADDRESS AREA VEHICLE UNEAL PROPERTY OWNER
MAP # LOT # ACRES TRIPS FRONT
FOOTAGE
B51WO7CA 500 950 Boones Fen7 5.31 91.83 270 First Presbyterian Church of WDB
D51W07CA 400 1002 Boones Ferr~ 1.43 147.06 216 ,Boones Ferry Development Co.
D51WO7CA 300 1034 Boones Fen7 0.27 57.73 0 Tyler, Marvin L
B51W07CA 200 1018 Boones Ferry ;0.26 56.28 89 Caba, Nicholas
D51W07CA 100 1040 Boones Ferry 1.12 35.98 119 Woodbum Ambulance Service
Bershengle Enterprises
D51W07BD 2501 1000 Block 0.48 25* 0 Partnership
Bershengle Enterprises
D51WO7BD 2500 1000 Block 0.63 25* 0 Partnership
051WO7BD 2400 1050 Boones Ferry 1.70 17.61 184 Cornwall Family LTD Partnership
Woodbum School District No.
051W07BD 2300 1025 Boones Fen7 13.62 1537 995 103C
To be verified in the field
TOTAL I I 24.82 AC 1993.49 1873 LF
DETERMINATION OF UNIT COSTS
1. Vehicle Trip Unit Cost
Total number vehicle trips generated
Within the entire district.
Page 8 of 11
1993.49 trips
64
The project assessment cost to
distributed using vehicle trips
(60% of project cost to be assessed)
$171,600
Cost per vehicle trip
= $86.08~fip
2. Front Footage Unit Cost
Total Lineal front footage of properties
within the district =
18731f
The project assessment cost to
be distributed using property area.
(20% of project cost to be assessed)
$ 57,200
Cost per lineal foot
= $30.54~f
3. Area Unit Cost
Total area of properties
within the district
1,080,680sq. ~.
The project assessment cost to
be distribmed using property area.
(200/0 of project cost to be assessed)
$ 57,200
Cost per square foot
= $0.03/sa. ft
10. CREDIT ALLOWANCE FOR EXISTING CURB AND SIDEWALK
Properties adjacem to an existing sidewalk currently providing for pedestrian traffic and
curb within the proposed improved portion of Boones Ferry Road will be given a credit.
The credit is based on the current historical unit cost of each property and will de
deducted from the assessment amount.
MARION CREDIT FOR CREDIT FOR TOTAL
COUNTY TAX ADDRESS PROPERTY OWNER EXISTING CREDIT
MAP # LOT # CURB EXISTING APPEED TO
SIDEWALK
BE APPLIED
950 Boones First Presbyterian Church
051VV07CA 500 Ferry of VVDB $0.00 $0.00 $0.00
1002 Boones Boones Ferry
051W07CA 400 Ferry Development Co. $0.00 $0.00 $0.00
1034 Boones
051VV07CA 300 Ferry Tyler, Marvin L $0.00 $0.00 $0.00 .
1018 Boones $852.62
051W07CA 200 Ferry Caba, Nicholas $852.62 .. $0.00
Page 9 of 11
65
1040 Boones Woodbum Ambulance
051W07CA 100 Ferr~ Service $1,140.02 $0.00 $1,140.02
Bershengle Enterprises
051VV07BD 2501 1000 Block Partnership $0.00 $0.00 $0.00
Bershengle Enterprises
051W07BD 2500 1000 Block Partnership $0.00 $0.00 $0.00
1050 Boones Cornwall Family LTD'
051VV07BD 2400 Ferry Partnership $268.24 $0.00 $268.24
1025 Boones Woodbum School Distdct
051VV07BD 2300 Ferr~ No. 103C $5,795.90 $9,619.50 $15,415.40
TOTAL $8,056.78 $9,619.50 $17,676.28
11 INDIVIDUAL ESTIMATED PROPERTY ASSESSMENTS
A. PROPERTY ASSESSMENT BASED ON AREA OF PROPERTY,
TRIPS GENERATED AND FRONT FOOTAGE.
TRIP FRONT TOTAL' TOTAL
TAX ADDRESS PROPERTY GENERATION FOOTAGE LOT AREA CREDIT TO ASSESSMENT
LOT # OWNER ASSESSMENT ASSESSMENT ASSESSMENT BE APPLIED
950
Boones First Presbyterian
500 Ferry Church of WDB $ 7,904.64 $ 8,245.59 $7,900..15 $0.00 $24~050.38
1002
Boones Boones Ferry
400 Fen7 Development Co. $12,658.56 $6~596.48 $2,126.91 $0.00 $21,381.95
1034
3(X) Fern/. Tyler, Marvin L $4,969.66 $0 $396.35 $0.00 $$,366.01
1018
Boones
200 Fern/ Caba, Nicholas $4,844.64 $ 2,717.99 $388.08 $852.62 $7,098.09
1040 Woodbum
Boones Ambulance
100 Ferry Service $3,097.40 $3,634.17 $1,663.75 $1,140.02 $7~255.30
Bershengle
Enterprises
2501 1000 Block Partnership $2,152.00 $0 $714.51 $0.00 $2,866.5'1
Bershengle
Enterprises
2500 1000 Block Partnership $2,152.00 $0 $937.83 $0.00 $3,089.83
1050
Boones Cornwall Family
2400 Fern/ LTD Partnership $1,515.87 $5,619.22 $2,534.51 $268.24 $9,40'1.36
1025 Woodbum
9oones School District
2300 Ferry iNo. 103C $32,305.23 $30,386..55 $40,537.91 $15,415.40 $'187,8'14.29
TOTAL $171,600.00 $ 57,200.00 $ 57,200.00 $17,676.28 $26.8,323.72
Page 10 ofll
66
12.
13.
14.
15.
16.
PAYMENT PLAN FOR ASSESSMENT
A ten-year (10) payment plan is proposed for the assessment obligation.
INTEREST RATE
The Finance Director is authorized to develop a schedule and charge an interest
rate, which does not exceed one-half(I/2) percent above the estimated net
effective rate of bond sale. Currently this interest rate is estimated at about 6.0
percent.
FUNDING METHODS
The improvement costs for the project will be supported utilizing numerous
funding sources, the LID property assessments, ODOT surface transportation
program funds and council approved city support
MAXIMUM LIMIT 0F ASSESSMENT AMOUNT
It is proposed that the individual total assessment amounts shown in this
document be fixed as the maximum amount to be assessed against the properties
for the said improvement. Any cost over runs will be absorbed by the city.
IRINDING SUMMARY
PROJECT FUNDING REQUIRED
A. BOOBIES FERRY ROAD IMPROVEMENT
1. CITY SUPPORT
Street CIP (including 105K ODOT
provided surface transportation funds)
Traffic Impact Fees (TIF)
SUB TOTAL =
2. LID PROPERTY ASSESSMENTS
BOONES FERRY ROAD FUNDING TOTAL
$ 529,000
$146,511
$ 96,489
$ 243,000
$ 286,000
Page 11 ofll
67
68
EXHIBIT "A"
FINDINGS AND CONCLUSIONS
Annexation 02-01
Zone Change 02-02
I. APPLICATION INFORMATION:
Applicant:
RSS Architecture, P.C.
2225 Country Club Road
Woodburn, OR 97071
Property Owner:
Industrial Welding Supply, Inc.
1995 Commercial Street N.
Salem, Oregon 97303
II. NATURE OF APPLICATION
The applicant proposes to annex 1.15 acres of land into the City of Woodbum
and change the zoning of the property from Madon County CR (Commercial
Retail) to City of Woodbum CG (Commercial General).
III. RELEVANT FACTS:
The subject property consists of two parcels which are located at 600 (610) N.
Pacific Highway, further described on Marion County Assessor Maps as
Township 5 South, Range 1 West, Section 17BA, Tax Lot numbers: 4100 and
4101. The subject property is located outside of Woodbum's city limits but within
the City of Woodburn Urban Growth Boundary. Marion County zoning currently
applies to the subject property which is designated as Marion County
Commercial Retail (CR). The subject property is designated as Commercial on
the City of Woodbum Comprehensive Plan Map and is proposed to be zoned CG
(Commercial General) at the time of annexation.
The subject property is currently developed with an industrial welding supply
business that has been operating for 19 years. The subject property consists of
two parcels totaling 1.15 acres in size. No wetlands or floodplains have been
identified on the property. The subject property has street frontage on Highway
99E and Aztec Drive and is contiguous to Woodburn's city limits to the west, east
and south.
The adjacent properties to the north are located outside of the City. The
properties to the west (across Highway 99E), east, and south (across Aztec
Ddve) are located in the City of Woodburn, zoned CG and designated
Annex 02-01 & ZC 02-02
Page 2
73
lnc,~rpo~'ared
11A
Januaw 12,2004
TO:
FROM:
SUBJECT:
Mayor and City Council through City Administrator--,~
Jim MuIder, Director of Community Development ~/~
//.
Annexation 02-01 and Zone Change 02-02; AnneXation and Zone
Change on Industrial Welding Supply, Inc. Property Located at 600
and 610 North Pacific Highway
RECOMMENDATION:
It is recommended that the City Council approve Annexation 02-01 and Zone
Change 02-02 and instruct staff to prepare an ordinance to substantiate the
Council's decision.
BACKGROUND:
Industrial Welding Supply, Inc., the applicant, has submitted annexation and
zone change applications to annex 1.15 acres of land into the City of Woodburn
and change the zoning of the property from Marion County CR (Commercial
Retail) to City of Woodburn CG (Commercial General). The subject property
consisted of one parcel when the annexation application was originally
submitted. After the annexation application was submitted, the applicant
partitioned the subject property into two parcels through the Marion County
Planning Department. The new legal description is Parcel 1 of Partition Plat No.
2002-059 and Parcel 2 of Partition Plat No. 2002-059. The two parcels are
located at 600 and 610 N. Pacific Highway, further described on Marion County
Assessor Maps as Township 5 South, Range 1 West, Section 17BA, Tax Lot
numbers: 4100 and 4101.
The Planning Commission held a public hearing on this proposal at its November
13, 2003 meeting. At its special meeting of December 4, 2003, the Planning
Commission adopted a final order recommending that the City Council
approve Annexation 02-01 and Zone Change 02-02.
Agenda Item Review:
City Administrator
City Attorney
Financ~
7O
Mayor and City Council
January 12, 2004
Page 2
DISCUSSION:
The Planning Commission's final order, staff report, and minutes are attached for
the City Council's review.
FINANCIAL IMPACT:
Annexation of the subject property will result in additional property tax revenues
to the City of Woodburn.
Attachments:
Attachment A - Planning Commission Final Order dated 12-04-03
Attachment B - Planning Commission Staff Report dated 11-13-03
Attachment C - Planning Commission Minutes of 11-13-03
?!
ATI'ACHMENT A
IN THE PLANNING COMMISSION OF WOODBURN, OREGON
Annexation 02-01 )
Zone Change 02-02 ) FINAL ORDER
)
WHEREAS, a request was made by Industrial Welding Supply, Inc. for the
Planning Commission to hear a proposal to annex 1.15 acres of land into the City of
Woodburn and change the zoning of the property from Marion County CR (Commercial
Retail) to City of Woodburn CG (Commercial General), and;
WHEREAS, the Planning Commission reviewed the matter at their meeting of
November 13, 2003, and;
WHEREAS, the Planning Commission considered the written and oral testimony
presented by staff, the applicant and other interested persons, and;
WHEREAS, the Planning Commission closed the headng, and;
WHEREAS, the Planning Commission moved to recommend that the City
Council approve Annexation 02-01 and Zone Change 02-02, and instructed staff to
prepare findings and conclusions.
NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COMMISSION:
The Planning Commission hereby recommends that the City Council approve
Annexation 02-01 and Zone Change 02-02, based on the findings contained in Exhibit
"A", which is attached hereto and by reference incorporated herein.
Approved:
Date
Annex 02-01 & ZC 02-02
Page 1
IV.
Commercial on the Woodburn Comprehensive Plan Map. Commercial uses are
located to the west (across Highway 99E), south and north. The property to the
east is vacant.
The applicant is proposing to annex the subject property to allow future
development on the property to occur with the benefit of city services for water,
sanitary and storm sewerage services.
This application was filed on June 28, 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.
RELEVANT APPROVAL CRITERIA
ANNEXATION 02-01:
Ao
WOODBURN COMPREHENSIVE PLAN
IX. Goals and Policies B. Commercial Land Development Policies
D. Annexation Goals and Policies
H. Public Services Goals and Policies
K. Transportation Goals and Policies
L. Growth Goal
M. Growth and Urbanization Policies
B. WOODBURN TRANSPORTATION SYSTEMS PLAN
ZONECHANGE02~2
A. WOODBURN COMPREHENSIVE PLAN
Bo
WOODBURN ZONING ORDINANCE
1. Chapter 15 Zone Change Procedures
2. Chapter 16 Comprehensive Plan Amendment Procedures
FINDINGS:
ANNEXATION 02-01:
A. Woodburn Comprehensive Plan
FINDING: The property is designated as Commercial on the City's
Comprehensive Plan Map. It is proposed to come into the City under the
Commercial General (CG) District. The existing industrial welding supply
business is an outdght permitted use in the CG zoning district.
Annex 02-01 & ZC 02-02
Page 3
7'4
The Comprehensive Plan goals and policies do not establish a site plan
review requirement for the annexation of developed properties. The applicant
is not proposing changes to the site as part of the annexation and zone
change request. As a result, a site plan review application has not been
made as part of this proposal, and the criteda for site plan review are not
addressed in this report. At such time that the property is annexed into the
city, then any alterations would require the site plan review process.
IX. Goals and Policies
B. Commercial Land Development Policies
B-1. The City should at all times have sufficient land to
accommodate the retail needs of the City and the surrounding
market area. The City presently has four major commercial
areas: 99E, I-5- Interchange, the downtown area and the
214/211199E four corners intersection area. No new areas
should be established.
FINDING: The property proposed for annexation is along Highway 99E, one
of the four major commercial areas identified in the Comprehensive Plan.
Since the property is also developed with a commercial business, no new
commercial area would be established as part of the proposed annexation
and zone change.
B-4. Architectural design of commercial areas should be attractive
with a spacious feeling and enough landscaping to reduce the
visual impact of large expanses of asphalt parking areas.
FINDING: The building on the subject site is existing. Existing asphalt
parking is located on the west side of the site. A chain link fenced storage
area is located to the east of the existing building. The eastern portion of the
subject site is undeveloped. No sidewalks are located adjacent to the west
side of the subject property along Highway 99E or the south side of the
subject property along Aztec Drive. Two 20 inch diameter pine trees are
located on the north side of the subject site.
D. Annexation Goals and Policies
D-1. The goal is to guide the shape and geographic area of the City
within the urban growth boundary so the City limits:
A. Define a compact service area for the City;
B. Reflect a cohesive land area that is all contained within the
City; and
Annex 02-01 & ZC 02-02
Page 4
C. Provide the opportunity for growth in keeping with the
City's goals and capacity to serve urban development.
FINDING: The property is currently within the Woodburn Urban Growth
Boundary and is developed with a commercial business. Since the adjacent
properties to the north, south and west (on the opposite side of Hwy 99E) are
developed with commercial establishments as well, a compact service and
cohesive land area would be maintained.
D-2. The goal is to clearly establish the intent of each proposed
expansion of the City; to assess the proposal's conformance
with the City's plans and facility capacity and to assess its
impact on the community prior to deeming an annexation
application complete.
FINDING: The applicant is proposing to annex the subject property to allow
future development on the property to occur with the benefit of city services
for water, sanitary and storm sewerage services. The Public Works
Department commented that the capacity exists within this system to support
the site. Since the property is developed and no changes are proposed as
part of this annexation and zone change, there will be no additional impact on
the community.
D-3. The goal is to achieve greater utilization of land within the City
by:
c. Fostering an efficient pattern of urban development in the
City, maximizing the use of existing City facilities and
services, and balancing the costs of City services among
all benefited residents and development by incorporating
all territory into the City limits that will be of benefit.
FINDING: An efficient pattern of development has been established in the
area around the subject property since the subject properties and the
surrounding properties are within the urban growth boundary and are
developed. The Public Works Department commented that city services can
be provided to the subject site from the existing 8" diameter water main, 8"
diameter sanitary sewer main and the existing 15" diameter storm sewer main
within Aztec Ddve.
H. Public Services Goals and Policies
H-1. Public facilities and services shall be provided at levels
necessary and suitable for existing uses. The provision for
future public facilities and services in these areas shall be
based upon (1) the time required to provide the service, (2)
Annex 02-01 & ZC 02-02
Page 5
76
reliability of service, (3) financial cost, and (4) levels of service
needed and desired.
FINDING: The Public Works Department commented that city services can
be provided to the subject site from the existing 8" diameter water main, 8"
diameter sanitary sewer main and the existing 15" diameter storm sewer main
within Aztec Ddve.
K. Transportation Goals and Policies
K-1-2. Develop a street system wherein arterial streets are of
sufficient width to accommodate traffic flows without
interruption ....
FINDING: Highway 99E, a major artedal street, has an 80-foot wide right-of-
way along the subject property. Its existing improvements include 4 travel
lanes with a center turn lane. This section of roadway is of sufficient width to
accommodate the existing traffic flow from the subject site. The Oregon
Department of Transportation (ODOT) has jurisdiction over Highway 99E. A'
referral was sent to ODOT on August 22, 2003. No comments have been
received from ODOT.
K-1-5. The City shall encourage pedestrian safety and foster
pedestrian activity, and sidewalks shall be provided on all
arterial, service collector, and access streets. Where
possible, sidewalks should be detached from the curb,
separated by a minimum 4-foot side parkway strip.
FINDING: Highway 99E, adjacent to the west side of the subject property, is
classified as a major artedal in the Woodbum Transportation Systems Plan
(TSP). Aztec Ddve, adjacent to the south side of the subject property, is
classified as a local residential street in the TSP. There are no sidewalks
along the subject property adjacent to these streets. Sidewalks are not being
required at this time because the applicant is not proposing any changes to
the subject property.
K-1-9. Where possible, driveway access along Highway 214 and
Highway 99E shall be consolidated to meet the driveway
density guidelines outlined in the Access Management Plan.
FINDING: There are two accesses directly onto Highway 99E from the
subject site. The Oregon Department of Transportation (ODOT) has
jurisdiction over Highway 99E. A referral was sent to ODOT on August 22,
2003. No comments have been received from ODOT.
L. Growth Goals
Annex 02-01 & ZC 02-02
Page 6
'/7
L-2. The goal is to assure that all expansion areas of the City are
served by public facilities and services with adequate
capacity.
FINDING: The Public Works Department commented that city services can
be provided to the subject site from the existing 8" diameter water main, 8"
diameter sanitary sewer main and the existing 15" diameter storm sewer main
within Aztec Drive.
M. Growth and Urbanization Policies
M-I. To insure that growth is orderly and efficient, the City shall
phase the needed public services in accordance with the
expected rate of growth. The extensions of the existing public
services should be in accordance with the master plans in this
Comprehensive Plan.
FINDING: The Public Works Department commented that city services can
be provided to the subject site from the existing 8" diameter water main, 8"
diameter sanitary sewer main and the existing 15" diameter storm sewer main
within Aztec Drive.
B. Woodbum Transportation Systems Plan
FINDING: As mentioned, the applicant is not proposing any changes to the
subject site at this time. Thus, the applicable goals and policies in this plan
will not be affected.
ZONE CHANGE00~I
A. Woodburn Comprehensive Plan
FINDING: Applicable goals and policies have been satisfied through the
implementation of the Woodbum Zoning Ordinance and other applicable
ordinances in affect at the time of approval. The designated land use for the
property is Commercial on the Comprehensive Plan Map, and the existing
use of an industrial welding supply business is in keeping with this
designation.
B. WOODBURNZONING ORDINANCF
1. Chapter 15 Zone Change Procedure
Section 15.010. Amendments. A Zone Change is a reclassification
of any area from one zone or district to another, after the proposed
Annex 02-01 & ZC 02-02
Page 7
78
change has been reviewed and a recommendation made by the
Planning Commission. Such change shall be by an ordinance
enacted by the Common Council after proceedings have been
accomplished in accordance with the following provisions.
Section 15.035. Hearing Before the Planning Commission. The
Planning Commission shall hold a public hearing as described in
Chapter ? of the Zoning Ordinance. After concluding its hearing, the
Planning Commission shall prepare a report setting forth a
summary of facts and conditions involved in the reclassification and
submit the same, together with its recommendation to the Common
Council.
Section 15.040. Hearing Before the Common Council. If the
Common Council so desires, it may hold a public hearing on any
proposed Zone Change or reclassification as provided in Chapter 7.
Any Zone Change or reclassification of property shall be by
ordinance, and shall not be passed until after the conclusion of a
public hearing held either by the Planning Commission or Common
Council. Denial of a Zone Change or reclassification shall be by
motion. The petitioner may present written or oral information to
the Common Council at the time the rezone or reclassification is
considered. Whenever any change is authorized by the Common
Council, the Official Zoning Map shall be changed as provided in
Section 4.050.
FINDING: A zone change is being requested as part of this proposal from
Marion County CR (Commercial Retail) to City of Woodbum CG (Commercial
General). The zone change is necessary in order for City zoning to be
established on the property once it is annexed from Marion County. This
zone designation is compatible with the use on the subJect property as well as
with the commercial designation on the Comprehensive Plan Map.
2. Chapter 16. Comprehensive Plan Map Amendment Procedure.
Section 16.080. Burden of Proof. The following specific questions
shall be given consideration in evaluating requests regarding plan
and zoning amendments and are as follows:
(b) To support a zone change, the applicant shall:
(1) Show there is a need for the use proposed;
(2) Show that the particular piece of property in question will best
meet that need:
FINDING: The applicant states the following:
Annex 02-01 & ZC 02-02
Page 8
"...The current Comprehensive Plan designation is Commercial. The
proposed development zone, Commercial General (CG), is allowed in this
Comprehensive Plan designation. The public need for this change is to
enhance and protect public health through City of Woodburn control of
water service delivery and sanitary and storm sewerage services for future
facility development on this site. This proposal does not enhance or
diminish the CG land use zone or inventory of land so designated. It
transfers control of future development from Marion County jurisdiction to
City of Woodbum jurisdiction. The land immediately adjacent to this
property is zoned CG where under jurisdiction of the City of Woodbum
and CR where under the jurisdiction of Madon County. The petitioner
desires to have the benefit of City of Woodbum utility services for future
development that are not available without annexation into the City. This
annexation triggers the need for changing the development zone to City of
Woodburn CG zoning..."
An existing industrial building supply business has been operating on the
subject site for 19 years. The need for this business on the subject site has
been established for many years. The zoning on the property is being
changed to a City designation that best fits the existing use on the property,
complies with the Comprehensive Plan Map, and is compatible with
surrounding commercial land uses.
VI. CONCLUSION
Based on the findings of fact contained herein all relevant approval criteria
relating to approval of Annexation 02-01 and Zone Change 02-02 have been
satisfied.
Annex 02-01 & ZC 02-02
Page 9
8O
ATi'ACHMENT B
CITY OF WOODBURN, OREGON
PLANNING COMMISSION
November 13, 2003
Annexation 02-0t
Zone Change 02-02
"Industrial Welding Supply, Inc."
II.
III.
APPLICATION INFORMATION:
Applicant:
RSS Architecture, P.C.
2225 Country Club Road
Woodbum, OR 97071
Property Owner:
Industrial Welding Supply, Inc.
1995 Commercial Street N.
Salem, Oregon 97303
Application Deemed Complete: August 21, 2003
120 Day Rule Deadline: Not applicable
NATURE OF APPLICATION
The applicant proposes to annex 1.15 acres of land into the City of Woodbum
and change the zoning of the property from Madon County CR (Commercial
Retail) to City of Woodburn CG (Commercial General).
RELEVANT FACTS:
The subject property consists of two parcels which are located at 600 (610) N.
Pacific Highway, further described on Marion County Assessor Maps as
Township 5 South, Range 1 West, Section 17BA, Tax Lot numbers: 4100 and
4101. The subject property is located outside of Woodburn's city limits but within
the City of Woodbum Urban Growth Boundary. Marion County zoning currently
applies to the subject property which is designated as Marion County
Commercial Retail (CR). The subject property is designated as Commercial on
the City of Woodburn Comprehensive Plan Map and is proposed to be zoned CG
(Commercial General) at the time of annexation.
The subject property is currently developed with an industrial welding supply
business that has been operating for 19 years. The subject property consists of
two parcels totaling 1.15 acres in size. No wetlands or floodplains have been
identified on the property. The subject property has street frontage on Highway
99E and Aztec Drive and is contiguous to Woodburn's city limits to the west, east
and south.
Staff Report: Annex 02-01 & ZC 02-02
Page I
81
IV.
The adjacent properties to the north are located outside of the City. The
properties to the west (across Highway 99E), east, and south (across Aztec
Drive) are located in the City of Woodburn, zoned CG and designated
Commercial on the Woodbum Comprehensive Plan Map. Commercial uses are
located to the west (across Highway 99E), south and north. The property to the
east is vacant.
The applicant is proposing to annex the subject property to allow future
development on the property to occur with the benefit of city services for water,
sanitary and storm sewerage services.
This application was filed on June 28, 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.
RELEVANT APPROVAL CRITERIA
ANNEXATION 02-01:
WOODBURN COMPREHENSIVE PLAN
IX.
Goals and Policies
B. Commercial Land Development Policies
D. Annexation Goals and Policies
H. Public Services Goals and Policies
K. Transportation Goals and Policies
L. Growth Goal
M. Growth and Urbanization Policies
B. WOODBURN TRANSPORTATION SYSTEMS PLAN
ZONE CHANGE 02-02
A. WOODBURN COMPREHENSIVE PLAN
Bo
WOODBURN ZONING ORDINANCF
1. Chapter 15 Zone Change Procedures
2. Chapter 16 Comprehensive Plan Amendment Procedures
V. ANALYSIS:
ANNEXATION 02-01:
A. Woodburn Comprehensive Plan
Staff Report: Annex 02-01 & ZC 02-02
Page 2
82
STAFF COMMENT: The property is designated as Commercial on the City's
Comprehensive Plan Map. It is proposed to come into the City under the
Commercial General (CG) District. The existing industrial welding supply
business is an outright permitted use in the CG zoning district.
The Comprehensive Plan goals and policies do not establish a site plan
review requirement for the annexation of developed properties. The applicant
is not proposing changes to the site as part of the annexation and zone
change request. As a result, a site plan review application has not been
made as part of this proposal, and the criteria for site plan review are not
addressed in this report. At such time that the property is annexed into the
city, then any alterations would require the site plan review process.
IX. Goals and Policies
B. Commercial Land Development Policies
B-I. The City should at all times have sufficient land to
accommodate the retail needs of the City and the surrounding
market area. The City presently has four major commercial
areas: 99E, I-5- Interchange, the downtown area and the
2141211199E four corners intersection area. No new areas
should be established.
STAFF COMMENT: The property proposed for annexation is along Highway
99E, one of the four major commercial areas identified in the Comprehensive
Plan. Since the property is also developed with a commercial business, no
new commercial area would be established as part of the proposed
annexation and zone change.
B.4. Architectural design of commercial areas should be attractive
with a spacious feeling and enough landscaping to reduce the
visual impact of large expanses of asphalt parking areas.
STAFF COMMENT: The building on the subject site is existing. Existing
asphalt parking is located on the west side of the site. A chain link fenced
storage area is located to the east of the existing building. The eastern
portion of the subject site is undeveloped. No sidewalks are located adjacent
to the west side of the subject property along Highway 99E or the south side
of the subject property along Aztec Drive. Two 20 inch diameter pine trees
are located on the north side of the subject site.
D. Annexation Goals and Policies
D-I. The goal is to guide the shape and geographic area of the City
within the urban growth boundary so the City limits:
Staff Report: Annex 02-01 & ZC 02-02
Page 3
83
A. Define a compact service area for the City;
B. Reflect a cohesive land area that is all contained within the
City; and
C. Provide the opportunity for growth in keeping with the
City's goals and capacity to serve urban development.
STAFF COMMENT: The property is currently within the Woodbum Urban
Growth Boundary and is developed with a commercial business. Since the
adjacent properties to the north, south and west (on the opposite side of Hwy
99E) are developed with commercial establishments as well, a compact
service and cohesive land area would be maintained.
D-2. The goal is to clearly establish the intent of each proposed
expansion of the City; to assess the proposal's conformance
with the City's plans and facility capacity and to assess its
impact on the community prior to deeming an annexation
application complete.
STAFF COMMENT: The applicant is proposing to annex the subject property
to allow future development on the property to occur with the benefit of city
services for water, sanitary and storm sewerage services. The Public Works
Department commented that the capacity exists within this system to support
the site. Since the property is developed and no changes are proposed as
part of this annexation and zone change, there will be no additional impact on
the community.
D-3. The goal is to achieve greater utilization of land within the City
by:
c. Fostering an efficient pattern of urban development in the
City, maximizing the use of existing City facilities and
services, and balancing the costs of City services among
all benefited residents and development by incorporating
all territory into the City limits that will be of benefit.
STAFF COMMENT: An efficient pattern of development has been
established in the area around the subject property since the subject
properties and the surrounding properties are within the urban growth
boundary and are developed. The Public Works Department commented that
city services can be provided to the subject site from the existing 8" diameter
water main, 8" diameter sanitary sewer main and the existing 15" diameter
storm sewer main within Aztec Drive.
H. Public Services Goals and Policies
Staff Report: Annex 02-01 & ZC 02-02
Page 4
84
H-1. Public facilities and "
services shall be provided at levels
necessary and suitable for existing uses. The provision for
future public facilities and services in these areas shall be
based upon (1) the time required to provide the service, (2)
reliability of service, (3) financial cost, and (4) levels of service
needed and desired.
STAFF COMMENT: The Public Works Department commented that city
services can be provided to the subject site from the existing 8" diameter
water main, 8" diameter sanitary sewer main and the existing 15" diameter
storm sewer main within Aztec Drive.
K. Transportation Goals and Policies
K-1-2. Develop a street system wherein
sufficient width to accommodate
interruption ....
arterial streets are of
traffic flows without
STAFF COMMENT: Highway 99E, a major arterial street, has an 80-foot
wide right-of-way along the subject property. Its existing improvements
include 4 travel lanes with a center turn lane. This section of roadway is of
sufficient width to accommodate the existing traffic flow from the subject site.
The Oregon Department of Transportation (ODOT) has jurisdiction over
Highway 99E. A referral was sent to ODOT on August 22, 2003. No
comments have been received from ODOT.
K-1-5.
The City shall encourage pedestrian safety and foster
pedestrian activity, and sidewalks shall be provided on all
arterial, service collector, and access streets. Where
possible, sidewalks should be detached from the curb,
separated by a minimum 4-foot side parkway strip.
STAFF COMMENT: Highway 99E, adjacent to the west side of the subject
property, is classified as a major artedal in the Woodbum Transportation
Systems Plan (TSP). Aztec Drive, adjacent to the south side of the subject
property, is classified as a local residential street in the TSP. There are no
sidewalks along the subject property adjacent to these streets. Sidewalks are
not being required at this time because the applicant is not proposing any
changes to the subject property.
K-1-9. Where possible, driveway access along Highway 214 and
Highway 99E shall be consolidated to meet the driveway
density guidelines outlined in the Access Management Plan.
Staff Report: Annex 02-01 & ZC 02-02
Page 5
85
STAFF COMMENT: There are two accesses directly onto Highway 99E from
the subject site. The Oregon Department of Transportation (ODOT) has
jurisdiction over Highway 99E. A referral was sent to ODOT on August 22,
2003. No comments have been received from ODOT.
L. Growth Goals
L-2. The goal is to assure that all expansion areas of the City are
served by public facilities and services with adequate
capacity.
STAFF COMMENT: The Public Works Department commented that city
services can be provided to the subject site from the existing 8" diameter
water main, 8" diameter sanitary sewer main and the existing 15" diameter
storm sewer main within Aztec Ddve.
M. Growth and Urbanization Policies
M-1. To insure that growth is orderly and efficient, the City shall
phase the needed public services in accordance with the
expected rate of growth. The extensions of the existing public
services should be in accordance with the master plans in this
Comprehensive Plan.
STAFF COMMENT: The Public Works Department commented that city
services can be provided to the subject site from the existing 8" diameter
water main, 8" diameter sanitary sewer main and the existing 15" diameter
storm sewer main within Aztec Drive.
B. Woodburn Transportation Systems Plan
STAFF COMMENT: As mentioned, the applicant is not proposing any
changes to the subject site at this time. Thus, the applicable goals and
policies in this plan will not be affected.
ZONE CHANGE00~I
A. Woodburn Comprehensive Plan
STAFF COMMENT: Applicable goals and policies have been satisfied
through the implementation of the Woodburn Zoning Ordinance and other
applicable ordinances in affect at the time of approval. The designated land
use for the property is Commercial on the Comprehensive Plan Map, and the
existing use of an industrial welding supply business is in keeping with this
designation.
Staff Report: Annex 02-01 & ZC 02-02
Page 6
86
B. WOODBURN ZONING ORDINANCE
1. Chapter 15 Zone Change Procedure
Section 15.010. Amendments. A Zone Change is a reclassification
of any area from one zone or district to another, after the proposed
change has been reviewed and a recommendation made by the
Planning Commission. Such change shall be by an ordinance
enacted by the Common Council after proceedings have been
accomplished in accordance with the following provisions.
Section 15.035. Hearing Before the Planning Commission. The
Planning Commission shall hold a public hearing as described in
Chapter 7 of the Zoning Ordinance. After concluding its hearing, the
Planning Commission shall prepare a report setting forth a
summary of facts and conditions involved in the reclassification and
submit the same, together with its recommendation to the Common
Council.
Section 15.040. Hearing Before the Common Council. If the
Common Council so desires, it may hold a public hearing on any
proposed Zone Change or reclassification as provided in Chapter 7.
Any Zone Change or reclassification of property shall be by
ordinance, and shall not be passed until after the conclusion of a
public hearing held either by the Planning Commission or Common
Council. Denial of a Zone Change or reclassification shall be by
motion. The petitioner may present written or oral information to
the Common Council at the time the rezone or reclassification is
considered. Whenever any change is authorized by the Common
Council, the Official Zoning Map shall be changed as provided in
Section 4.050.
STAFF COMMENT: A zone change is being requested as part of this
proposal from Madon County CR (Commercial Retail) to City of Woodbum
CG (Commercial General). The zone change is necessary in order for City
zoning to be established on the property once it is annexed from Madon
County. This zone designation is compatible with the use on the subject
property as well as with the commercial designation on the Comprehensive
Plan Map.
2. Chapter 16. Comprehensive Plan Map Amendment Procedure.
Section 16.080. Burden of Proof. The following specific questions
shall be given consideration in evaluating requests regarding plan
and zoning amendments and are as follows:
Staff Report: Annex 02-01 & ZC 02-02
Page 7
8'/
VI.
VII.
(b) To support a zone change, the applicant shall:
(1) Show there is a need for the use proposed;
(2) Show that the particular piece of property in question will best
meet that need:
STAFF COMMENT: The applicant states the following:
"...The current Comprehensive Plan designation is Commercial. The
proposed development zone, Commercial General (CG), is allowed in this
Comprehensive Plan designation. The public need for this change is to
enhance and protect public health through City of Woodbum control of
water service delivery and sanitary and storm sewerage services for future
facility development on this site. This proposal does not enhance or
diminish the CG land use zone or inventory of land so designated. It
transfers control of future development from Marion County jurisdiction to
City of Woodbum jurisdiction. The land immediately adjacent to this
property is zoned CG where under jurisdiction of the City of Woodbum
and CR where under the jurisdiction of Madon County. The petitioner
desires to have the benefit of City of Woodbum utility services for future
development that are not available without annexation into the City. This
annexation tdggers the need for changing the development zone to City of
Woodburn CG zoning..."
An existing industrial building supply business has been operating on the
subject site for 19 years. The need for this business on the subject site has
been established for many years. The zoning on the property is being
changed to a City designation that best fits the existing use on the property,
complies with the Comprehensive Plan Map, and is compatible with
surrounding commercial land uses.
CONCLUSION AND RECOMMENDATION
Based on the information in this report, the information provided by the applicant
and the applicable review criteria, findings required to approve Annexation 02-01
and Zone Change 02-02 can be made. Therefore, staff recommends said
applications be approved.
ATTACHMENTS
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
Zoning Map
Comprehensive Plan Map
Annexation Map
Applicant's Submittals
Woodburn Fire District Comments
Staff Report: Annex 02-01 & ZC 02-02
Page 8
88
Exhibit
Annexation 02-01 & Zone Change 02-02
Zoning Map
AZ'rEC
DRIVE
LAUREL AVENUE LAUREL AVENUE
0.07 0 0.07 0.14 Miles
Text Street Name~
Streams
Railroad Ilnoa
c~ um~
r'"l Urban Growlh Boundary
~ AMeMor'. Tlxlotl ~
Zonlng~ cGPlan ~
CO
IL
IP
NONE
P/~P
S
89
Exhibit
Annexation 02-01 & Zone Change 02-02
Comprehensive Plan Map
0.07 0 0.07 0.14 Miles
Text Street Names
Strearns
Railroad lines
City Limits
~ Urban Growth Boundary
~ Assessor's Taxlots
Comprehensive PIsn
~ COMMERCIAL
INDUSTRIAL
-- NONE
~ OPEN SPACE AND PARKS
~ PUBLIC USE
~ RESIDENTIAL (<12 UNITS/ACRE)
~ RESIDENTIAL (>12 UNITS/ACRE)
9O
·~ Exhibit"
/"/h f'"'""'
~F-~.~-,'- ,~.~: :.-~.~... :,.-. .... ~-
'. _~ ~ ~ _,~ ..... ~ ~ ~. ,,...~ .-~
i-"" ' ~"
I~_ ~ !~'~
8
Exhibit "D"
II.
III.
ANNEXATION INFORMATION SHEET *JUN 2 $ ;ZOOZ
DIRECT QU_FSTION$ TO~ WOODeURN COMMUNITY
DEVELOPMENT DEPT.
(NAME)
(ADDRESS)
(CITY)
(i I::LEPHONE)
(zip C-ODE)
PROPERTy OWNER~;_
' ~ ~DR~8 & ~p ~ODE
LOCATION AND S~TE OF THE PROPERTY;
APPUCATION CHECKLIST
OFFICE USE ONLy
~ ~ NO
ANNEXATION PETmON SIGNED. (NOTORIZED SIGNATURES) BYPROPERTYOWNERS
'EXHIBITS:
REASON FOR ANNEXATION REQUEST
PROPOSED DEVELOPMENT OF AREA
EXISTING CONDmONS OF AREA
(Exhibit
(Exhibit "e")
SCHOOL IMPACT ANALYSIS (Exhibit "C')
(Exhibit "D") --_
PARK AND RECREATION FACILITIES AVAILABILITY (Exhibit "E'") .,
LEGAL DESCRIPTION OF THE PROPERTY (Exhibit 'F")
PLOT PLAN
(Exhibit "G")
2.
3.
4.
5.
6.
7.
8.
UST OF AU_ PROPERTY OWNERS WITHIN 100 '"
FEET OF THE PROPERTY
9. ASSESSOR'S MAP (Exhibit "H")
************************************ ........ (Exhibit "l~j '.--' --
SCHEDU--~--~ ~ ~ ******************************************
APPUCATION RECEIVED BY:
DATE:
92
e
ANNEXATION PETmON - REQUIRED INFORMATION
pi FA,SE PROVIDE THE FOLLOWING INFORMATION:
REASON FOR ANNEXATION REQUEST:
B.
Proximity of City S~rvices - indicate on an accompanying
map.
PROPOSED DEVELOPMENT OF THE AREA
Exhibit "B"
Be
If totally or partially undeveloped, what are the future plans for the site
(Provide a preliminary site plan): ~_co ~.b ~,t L,~
If the site is fully developed provide a plot plan:,
%',
EXISTING CONDmON~ OF THE ARF-~ Exh~it "C"
B.
Ce
Land Area: Acres t,%~'
· General description of the area;
1.
3.
4.
5.
6.
Existin.q Land Use;
1. Number of single family units: ~
2_ Number of multiple family units: ~
3. Commercial )~ Industrial Public Uses.
4. Open Space
SCHOOL IMPACT
Exhibit "D"_ ..
Where is the nearest school facility:
g3
What is the expected student population of the area upon completion of the
- .t . ' "t'l~t ~
PARK AND RECREATION FACILITIES
Is there sufficierjt area to provide for park or open space for the
d. evelopmenC ~ .........
0
LEGAL DESCRIPTION OF THE PROPFTTY
Exhibit 'F'
e
Se
ge
PLOT PLAN- Show all properties within 250' from and parallel .to the subject
property and the land use of each. Exhibit"G"
ASSESSOR'S MAP. Attach ,,c~.py of Madon County Assessor's Map showing
subject area and outp. ning 250 notification area. Exhibit "1'
We the undersigned, hereby certify that all the statements in the plot plan,
attachments, and exhibits transmitted herewith are true and complete, and we are
the owners of record or contract purchasem of property which the annexation is
requested:
ANNEXATION PETITION ,AND CONSENI:
We, the undersigned legal owner er contract purchaser ~nd resident dect~s of a certain parcel of land herein
desedbed and ~;~:hed to this Anne~tion Petition as Exhibit I, pedtion the Honorable Mayor and City Council of
~ for annexation of tl~t certain p¢operty to the City of Woodbum. We further deelre that by this petition that
the ~ property be mmexed to mtd be Included within the (xxpomte ~ of the (3ty of Woedtmm, Orego~ a
mmddpel coq~stio~ a~l we do hereby consent to such ~ without the necessity of any election being
called with the area Mmve described, and we do horeby consent that the City Council of the City' of Woodburn,
Oregon. take steps as are necessary to determine whothar or not the saki above described area shall be annexed.
~drm:
Residett Ownedsl or Contra~ Pdrchasar(sl
Address=.
Reddent Electors* that are not Land Own~$: Address.
Resident Electors nleans. Registered Voters
STATE OF OREGON I
COUNTY OF MARION ) SS
I, , being duly sworn upon oath, say that I secured each name appearing on the
within and foregoing peUdor~ and each name was signed freely, voluntarily, without undue influe~e of arW nature
and der no misrepresentation es to the facts, further affirm, that to the best of my knowledge the Individuals above
named constitute a maJodty of the electors registered in the tenttory proposed to be annexed .nd the owners/contract
pu~chesers of mo~e than half of the land in that tardtory.
(Signaturel Date:
Su'oscdbed and sworn to me this
day of ,19
NOTARY PUBUC FOR OREGON
Mt' Commission expires:.
ANNEXATION PETITION AND CONSENT
AJIIE]g~ .693
95
96
9'/
CERTIFICATION OF PROPERTY OWNERSHIP OF
100% OF L4ND AREA
(City 100~ Ownership Method)
REC'O ¢4.
OCT ? 2003
DE"/EL~?F'", '-'~.;T DEPT.
I hereby certify that the attached petition for a p.roposed boundary change involv!ng
the territory described in the petition contains the names of the owners* of 100%
of the land arsa within the annexstion area described in the pstition, as shown on
the last available complete assessmentNAME '~'~--( '~r°ll'
DEPARTMENT
cou pt
O^T
"Owner" means the legal owner of record or, where thers is a recorded land
contract which is in force, the purchaser thereunder. If thera is a multiple
ownership in a parcel of land each consenting owner shall be counted as a
fraction to the same extent as the Interest of the owner in the land bears in
relation to the Interest of the other owners and the same fraction shall be
applied to the parcel's land mass and assessed value for purposes of the
consent pstition. If a corporation owns land in territory proposed to be
annexed, the corporation shall be considered the Individual owner of that
land.
98
EXHIBIT "A"
REC'D
JUN 8 8 200Z
WOODSURN COM,,~UNli'y
DEVELOPMENI DEPT.
8egLnn~'ng 6.147 chA4ne .North 87° :East and 2.8.i3.5 ;cha£nm N.o~th 32' 21' :East
from the southwest co=n~= o~ th, .-Dona.~£on LAnd c~A~m o~ E.C. 'C~o~ey '~nd
~n~e=eec~on of ~e. S~u~h l~ne of. a. ~=~c~ of l~.nd ~e~d .~o S. Ho=~ach
=~o=ded February 25, 19'33', in Volume 215, p~ge.2:42, ~ed Recgrde 'Co' the.state
o~ Oregon); and fro~ thence re'n-fling South .fl~b ..~'~,] EmS= .9.465.
3 '. - -' .- .... . . · . n ...No~h
4 Wear 2.00 chains/.%hence North. fl8· 32' Wes~., p~AZ'Z8~' W~th-
p~ace of'bbg~nning~ ~n Ma=L0n ~oun~y, oregon. ...
.... ~. ,_* Y. . =eco. r~ed November 12,. 1959 in ~o1 .u~ap. S2b, Pk~.e'4S1,
ueec~ Kecorom £o= z~&~..Lo..n: Coun.l=y,O=egon; .thence; No.kth'
(132.00 f.eet-) =o the Northeast co=n~= of-eal%t'Re~'d-'T=&~t£l ~henee"No=th S8'
32.' Weet aZ.ong '~he No~h ll~te-of maid Re~d
34' Eamt 2.00 ~h&~ne (132..0Q
=hence Sout;h 88° .32; .Bas4;.. 20:0.0 feet ~:o 'the 'pla~.e of-beg, j. nfli. ncji
~A~$O S~VE ARD E~CEPT that
Mun£c£pal co=po=at£'~' I~:F £ne~ru~en=' rec0~ded ~ly .6, 19e4 £n: 'Re~l' 349,. Page
128~, H£crof£lm R~cord~., ~ar£on' County, or.ego~:
~aal P=ope=t¥ T~x Ac~unt-.No': 42929-.000
$£tue Addr.eae ae ~d£e=losed by' M&r~0n County Tax .Ro11~ SOO. N.~ Pac£f£c Hwy
.~Toodburn, OR 9707 I
99
b"rATF. OF OKEfJON.
Courtly or ........................... ~ ss.
I eeflify Ihal Ibc wilhi# i#~cumeat
....... o'clock ...... M.. and recmdcd ia
Ix~k;rk~:l/vulum¢ Jq(~ ........... mi palp:
a.dl.~ n fc~l'filelimdm-
mcnl Imicrofilmlrecc~Jo# No. ............
R¢cmds of said Co~aly.
wim~,s my Immf and seal of' County
By .................................. L)cpaty.
k N( t%~ ,%1 I IIY '1'1 I1':.%1: I'I(I?SI:.N'I,~ lital I)ml I i lie F. Neff I
~.te~nr~n ' .. ~fldu. CrLal-~e~d~8 .~pply. Z~.. ............................................
h~rema;I¢~ ~alt=d ~nlc¢. and unto janet's hci~ s~%Y~ ~ ~i~ all ~t~ ~ul~'~ riehl. Ihk ~ inle~ h Ihat ~nain
Kal pn~. -ilh I~ renewals. ~r~itan~n~ a~ a~c~ t~u,lo ~l~ins ~ in any way a~inin& sltuat~ ~
.. '~tf ~?t .................. G~nty. ~ oF ~. ~Yi~ a (ol~ ~wh:
Together with a tight-of-ray f~or toad and toadvay
put-posen. 12.0 £eet tn width, ~te particularly
described as follows: Beglnn~ns ac the Nattiest
co~er of the tract &bore described; ~he~ce South
1'34' East ~2.0 feet; thence North 88 32 ~esc
parallel w~ch the North ~ne o~ saLd ~ed tract'Co
the E~scer~ ~ne of the Pec~f~c H~shvay; thence
Ho~ch 3202L' E~sc ~Lons the E~sce=~y l~ne
Hishva~, co the Nor;hweaC co.er of sa~d baa
Tract; 'thence South 88032* East, aloha the Notch
l~ne o~ s&Ld ~d crate, co the p~ce o~ bes~n~.
To Ila~¢ and m IIold the same umo l~ranh.~ and ~p'llllee*s heirs, succemsors and assil~ns forever.
TIk: ~mc and actual comsid~ralk~ paid f~F thhs .amd'er, meed ia lenms of dalla~ is Sa.,.~).:~O ............ · However. Ibe
a~.'iual ¢,m~i~:rali~m co~*iMu of ~' include) t~her pr(~efly or value if, iven or promi~*d which i~ ~1 pan of the L-"] Ihe whole (indk:me
In con,lminI Ibis (Iced. where Ihe cuatcxt so requires. Ibc $iflluhr includes Ibc plural, and ail 8rammalical chinses shall be
made. <, zh~i Ini~ &.-ed hhall al~ly equally Io cuqlordliClfls and to individuals. .,~ .
IN WI'I'N£SS WIIEKEOR the Ilranlor ha~ uxeq.'ulud I1~i$ in.~tumenl Iht,- ...:.~.".. day of .-/:;~.~. :~./-~. .......... l~..~.; if
Irt.mi, # ~, '-. ¥,q~,alkm. h has ¢"au.~d il.~ tlam~ It, he .<i ,l~cd and il.~ .,wul. if any. a~.~cd hy a, ,l'ficer ac mhcr pct.'Kin duly authorized
I~S ~SInUUE#f m VIOLAt~OII Of APPLICA6LE UNO US~ LAWS ANO REGU. ----r"-- ......
LAhONS IEf(~[ SIGIIIIG OR N;C[PTING 1HIS INSTRUM[NT. TN[
. _a~L'a__qq~lG FI[ hTL[ TO 114[ ~TV SHOULO CHECK WITH
PmAIE OIY OR COUNIYISLA~ImG O(P~TId[NT TO V(IttI~APPROWO US~S ...............................................................
Afro fO O[I[IUdUI(NIY LIdlTS O01 LANSUITS aG~IIST FARMING OR I:OI~ST
MAtTOCkS AS O~Fe~l) Il ORS 30]30.
STATE OF OREC.,ON, Counly of ..... ~'J.~..~. ........... ) ss. a _ ' ~ /L~ d ,'/
Thjalinslnl_mem wa~ackn4~ledlc~before me
t,.v ~..~.kt/.t..t~t -~. I L~d. IC, ......... ', '.
Thi~. ill.*..Iflllll¢lll w:,.~ ackntP, vk:d~,cd I~:f4N'¢ .h: ~m ............ I'J . ..
~' ' Al)' ¢ommi.%sim! CXl~h¢.~ .......................................
100
U~co t tq4 {mi't"
06200 ·
554
,
Taxlot(s): '051w17 ba04100'
Owner Name: INDUSTRIAL WELDING SUPPLY INC
Situs Address: 600 N PACIFIC HY
Zip Code: 97071,WOODBURN
Land Use Zone: CR
Schools: Woodburn
Fire District: WOODBURN
capture radius = 250'
scale 1" = 272'
.+.
This map w~. _'. ;:;,:<: ,,;ed ~,c;'~ cj~::~l .stored ir1 the
Marion Coup':'. A ,: ,.:,;?,~r Gco.qr~iphic database.
This data is ".~ :.;a;,~,'~d by the A=~sessor to
support ~Ys a :l;::[~es. The Assessor is not
responsibic: ~ ~.~ map errors, possible misuse,
151W17
This is to certify that this
is a true and correct copy
of the record now on file in
the Assessor's Office.
Doug Ebner,
Marion County Assessor
INDUSTRI.I
000 O0 O0 0
m
:11
!
!
5
· A- REC'D
AZTEC DRIVE
O ,SITE PLAN EXI,~TIi~ DEVELOR"IENT (~
I".,~'-~'
OU JEST ELEVATION
· A, REC'D ~
AUG 3 ! 2003
WOODB~JRN CO~IMUN~'Y
\
OEAST ELEVATION , Lf.~,.~,
105
106
PETITION FOR ZONE _MAP CHANGE
DIRECT Qu~oNs
(NAME)
(QTW
(TELEPHONE
(mATE) ~P CODE)
ADD~ & Zii~ CODE -
APPliCATION CHECKI..IST
OFFICE USE ONLY
Statement of Intent (Exb. A)
Plot' Plan (Exb. B)
Legal Description of the Property
Ust of All Property Owners within
250 Feet of the Property
Assam Map
YES NO
,A,'--REC'D 15
WOODSUFIN COMMUNITY
DEVELOPMENT DEPT,
107
e
e
REQUIRED AI'rACHMENTS
STATEMENT OF INTENT should (~scuss/explain the reason this request is made~
Irlclude brief d~ of any proposed constru(~ or land use cha~ show
that the request IS: 1) In conformance with ~he Comprehensive Plan; 2) there is a
publi° r~'~J f°r this change; 3) that need IS best met bY thls proposal; 4) there IS
cannot make a reasmaMe use of the land as it is currently zonecL (See zone
change poacy comUerdtJons). (Mark ex.err.A,)
~.J=~T_.~.~ Show all properties within 250' from and parallel to the subject
property and the land use of e;ch. Mark EXHIBIT =B; Draw to scale.
.LEGAL DESCRIPTION of the property In metes and bounds (as it appears on the
deed); Mark. EXHIBIT "C', or if property is within a platted suba"wision:
, and exNbils transmitted herew~ are tree and complete, end we are
owners of reco~ or contract purchasers of prope~ for which the z'_.nne m~;:,
NAME
DATE
108
ZONE MAP CHANGE
EXHIBIT "A"
STATEMENT OF INTENT
The Zone Map Change requested is to establish a City of Woodbum land use development
zone for two contiguous parcels of land, for which a co-application for Annexation is being
processed, that is currently under Marion County jurisdiction. The reason for this Zone Map
Change and associated Annexation is to allow future development on the property to occur
with the benefit of city services for water, sanitary and storm sewerage services.
1)
The current Comprehensive Plan designation is Commercial. The proposed
development zone, Commercial General (CG), is allowed in this
Comprehensive Plan designation.
2)
The public need for this change is to enhance and protect public health
through City of Woodbum control of water service delivery and sanitary and
storm sewerage services for future facility development on this site.
3)
This proposal does not enhance or diminish the CG land use zone or
inventory of land so designated. It transfers control of future development
from Marion County jurisdiction to City of Woodbum jurisdiction.
4)
The land immediately adjacent to this property is zoned CG where under the
jurisdiction of the City of Woodbum and CR where under the jurisdiction of
Marion County.
s)
The petitioner desires to have the benefit of City of Woodbum utility services
for future development that are not available without annexation into the City.
This annexation triggers the nccd for changing the development zone to City
of Woodbum CG zoning.
WOODBUFIN COMMuN/Ty
DEVELOPMENT DEP*E.
109
°si 7
I
06200 /
//
-.,.,
06200
o.~o?
554
., o.36o0
--~
EXHIBIT "A"
from the sOuthwes~ corner of ~hs-Donation Land c~a~m o~ S.C. C0o~ey and wife,
s'~e being claim Number .42' in Township 5 Sou~h, 'Ran'ge. 1 West of the Wl'll~ett~
Meridian in. Ha:ion ~un~y, Oregon (said'~int of'~e~inn'ing'be/ng the ~'int .of
intersection of the. S~th .line of. a. tract of la. nd ~edm4 ~o ~. Hortech and A.
Kortech ~F dee4 recocde'4 'in Volume 2~4, Page 532,"Deed..Recor4e fo~ Marion
r~corded February 25, 1~'33', in Volume 215, pa~e.2:42, ~eed Records ~o'
of Oregon); and from thence, running South .fib~ ..312'.: ~ad~ .9.465. ~hainl along the
Sou~h bound~ of. said' ~aot ~o a' ~i~t 9.725 ch~ne ~o~h 88d' 32' He's.~ f~om
an .i.ron' ~L~ mt the Soqthea. mt-corner of s&id '~ract..~..:~hd;. 'thenc~..No~bh' le
34'. We,~ ·2.00 chains; .%hence No~th. 8'8' 32' We,~., 'p~aI'AeX' ~h ~he' South
bounda~ of sa~4 ~=ac~~ o~ L~d, '~.X53 chaSn~ ~o'.~h~ Sai~"bounda~ ~e ~ ~he
Paci~-ic HSghv~y; ~henc.~ .Southerly along ea&d.~a,% X'/ne '2~3"33 ~hains ~o th~''
place of'b~ginn&ng, In Har&on ~ounty, Oceg0n.
S)"~']: AND EXeS:PT t
£ inning at.. the~ So.u~'h~.as,~ c. or.ner of a crac~..of .lan. d '.~Ve.y.ed 'to Wi..l%.iam Hen~
Read and viler .by deed reco.~ded November 12,. 1959 l'n V. oX~me S. 2~., P'.ag.e 45~,
Deed Records £or H&~..~o.n'.Coun.ty,Oregon; ~hence'.'Ho~th' 1° 34"'We6t .2.00 chains
(132.O0 £eet.). to the Nb~heaet corne~ of ..sM£~.'Re~.'~c&b~; %'hence '.North 88°
32' ~es~ aZpng.'~he North ll~%e, of said Read '~.=ao~"~'O:0.O.).fee't;. the~ce'Sou~h
34' East 2.00 chains (~32..OO ~eet) to' the 'So.u. th.::~lne: o£:.skSd. Re'id
~henco Sou~h 88° .32; .~aB~. 200.0' ~ee~ ~o the'p~a~.e
ALSO SAVE A~D E~CEPT that 9or~lon Conveyed tb thd. C£~.'¥:of. Woodbu~n, 'a
Municipal co~oFatl'orr' .~¥ .£nstru'.menc' recorded JULY m~, ~904 in: ·Reel~ 349, Page
lzeg, aicrofllm Records, H&rion County, or.egon:
Real Prope~y Xax Ao~0~nt-. No': 42929r000
Situs Addr.eo8 a8 :disclosed by' Har~on County Tax Roll': SOO
111
.:.~:'.-- ,'-.' EEl. PAGE '
~,19 602 ..~.~:
5"FAll:. OF OREGON,
County o( ...........................
I Ch'filly dial Ihc wilhin insltrUlnCit!
....... o'clock ...... M.. and rccordt-d in
L~,uk/fc,:l.;vuiw No. ........... on pal~:
andlt,f '~qs I'cclfilclinxlru-
mcnl/micfofilm/fgccption No .............
Records of nM ~)umy.
WiIKS.,~ my hand and I~-[ of COWlly
affi.Kd.
Uy ................................. L~put),.
~()X~ Xl I liY'rlll~l: I'RI~I~'I'~ dial I)~ul lily V. Nt.~l
~e~nr4cn .. [nduncr~al .Veld~;-SuppZy. XK.. .............................................
~rcmJ:tcr t'all~d ~dfll~c. a~ UfltO lam~c's ~i~ ~ ~ IJs~ ail d
rca rh~fly. ,, hh I~ Ic~mcnls. h~dita~n~ aM a~~ fM~umo
~. ~t.F ~ ?u .................. ~nty, Slalo ~ 0~. ~r~d ~ foll~ t~wh:
Together with a righc-oE-vay £oc zoad and roadva¥
pux'poses, 12.0 £eec ~u v~dch, more parcicularly
deac~tbed as followJ: Beginning ac the
co~'Tte~ o5 the C~acC above described; chance Sough
1'36' Ease 12.0 feet; thence Notch 88'32'
paralle~ vich the ~orch l~ne of ~&lditead trace'co
che Easterly l~ne of the ~tc~fic RiGhvay; chance
Notch 32'21' E&SC along che EaICO'C17 line of.said
H£shv&y, co che Nor~hvesc corne~ of
Trace; thence Sough 88'32' E~sc, alonK the
line of sa~d ReAd cracc, co the place
,-./(
*i'n lia,c and ui Ilold thc same unk) granlg~ and 8rinhge's h,:irs. ~c~fl a~ misns f~ver.
~N,al c,,n~idcra;&qm ~nhiMs of or inclu~b ;H~r p~fly m val~ ~tvcn ~ pmme~d which L~fl of IM ~ thc w~lc (ind~l~
In conblmin~ Ihi~ ~cd. where Ih~ cofll~xt w r~uir~, the singular iflcl~ts Ihe plural, and all grammatical chan~es shall
m~. ~, ;hal [ni~ ~ed ~hull apply equally [o cY]r~ralions and to individuals. ~ .
IN WI'I'NE55 WIIEKEOI~ Iht grantor has cxk~ul~ I~ instrument Ihib ...~:~'~. day of .~/~t~ .......... Iq~;
STA~
OF
hy
554
W17
Taxlot(s): '051w17ba04100'
Owner Name: INDUSTRIAL WELDING SUPPLY INC
Situs Address: 600 N PACIFIC HY
Zip Code: 97071,WOODBURN
Land Use Zone: CR
Schools: Woodburn
Fire District: WOODBURN
This map was produced frol'n oah's 51. t~:,; ..
Marion County Assessor Geographic ~: ,:.~:: .:;,..
This d~ta is maintair~ed by the A ssess~r - ·
support its activities. The Assessor is
respo~sible for any map errors, po~s~bi~:
or mi~;interpretations.
capture radius = 250'
scale 1" = 272'
.+.
.... : :co2 113
This is to certify that this
is a true and correct copy
of the record now on file in
the Assessor's Office.
Doug Ebner,
Marion County Assessor
INDUSTRI.lab
Exhibit
Woodburn Fire District
Prevention Division
Site Plan Review Comments
Memo To: Naomi Zwcrdling Date: 08/27/2003
City of Woodburn
From: Bob Benck
Woodburn Fire District
Faeility/Project Nme: Industrial Supply ( Annexation 02-011Zone Change 02-02)
Address/Loeation: 600 N. Pacific Hwy
Oeeupaney Class: M/H
Aeeess:
A. 1. l~.xtettorofFaeility
2. To Interior of Facility
NA
Building Exit System: Issues to be addressed to City Building Depamnent for Fire & Life
Safety Plans Revi~, ifapplicable.
2. Numl~ of Exits:
3. Exit Hardware:
4. Exit Signage
5. Emergency Lighting:
Fire flow/Water Supply:
1500 gpm
Hydrants:
One hydrant w/thin 250 feet of property on east side of Pacific Hwy.
114
Sprinider/lrDC:
NA for this application
Alarm System
NA
Premise Identification:
Markings end locat~ to meet city standards.
Building Size & Limimflom/Type of Comtruetion
V~lt bin limP, s
Fire find l,lf'e SLf'ety ~ Requirements:
By City of Woodbum Building OfficiaL
Special Comments:
A~. 0 .nsit~.. water .supp.ly system must be available, operatioml and acceptable to the city
prior to me co~n ofcom_lRIStl'bl~ buildings. ACC~8 during constmc~n must
suppofl tl~ weight of Fire Apparatus and allow access to facility.
COMPLIANCE WITH THESE REQUIREMENTS DOF.~ NOT CONSTITUE
PEBMLqSION TO Bu~.r~. BUILDING PERMITS AND PLANS REVIEWS BY THE
APPROPRIATE Buu.r~ING OgFICIAL IS REQUIRED. PERMITS AND APROV~D
PLANS MUST BE ONSITE DURING CONSTRUCTION.
Woodburn Fire District
1776 Newberg ]hey
Woodburn, OR 97071
(.503)982-2360 ,Fax (505)981-.5004
115
ATTACHMENT C
WOODBURN PLANNING COMMISSION
November 13, 2003
CONVENED The Planning Commleeion met in a regular sesaion at 7:00 p.m. in City Hall Council
Chambers with Chairperson Lime presiding.
ROLL CALL
Chairperson Lima P
Vice Chairperson Young P
Commissioner Vancil A
Commissioner Grlgorieff~ P
Commissioner Mill A
Commissioner Bandelow P
Commissioner Lonergan P
Staff Present:
Jim Mulder, Community Development Director
Naomi Zwerdllng, Senior Planner
MINUTES
A._=. Woodburn Planning Commission Mlnutee of October 23, 2003.
Commissioner Bandelow requested a change be made to her statement found on page 8 to read "...she
recalled it the same way Commissioner Mill did... '
Commissioner Bandelow made a motion to accept the minutes with the noted correction. Motion was
seconded by Commissioner Gri.qorieff, which unanimously carried.
BUSINESS FROM THE AUDIENCE
None
COMMUNICATIONS
A__. City Council Minutes of October 13, 2003.
B_.: Joint City CouncillPlannlng Commission work session on November 17, 2003 regardin,~
Periodic Review.
Staff provided the Commission with copies of the agenda for the November 17m meeting along with a memo
from Staff. Also provided was an attachment from the Planning Consultant that summarizes what will be
reviewed at the meeting as well as a layout of the tentative hearing schedule. Staff stated it is anticipated this
will come before the Commission the first two meetings in January 2004 and to Council in February 2004.
He indicated the Commission would be expected to make some sort of recommendation by the first meeting
in February. Staff noted all affected property owners will be notified (Measure 56 Notice), which in this case,
would be everyone within the current UGB as well as those that may be affected by potential UGB expansion.
He also stated both Planning Commission and City Council hearing dates will be included in the notice as the
intent is to send the notices out only once.
Commissioner Bandelow asked Staff whether there is a specific schedule for the first Commission meeting
in December because it almost seemed like there was something tentative in addition to regular business for
that night?
Staff replied it was first thought the first hearing would take place then but that has been pushed off. At this
point, there will be two final orders and two public hearings coming up on December 4th and one hearing going
to the December 11 m meeting.
PUBLIC HEARING
A._,. Annexation 02-01, Zone Change 02-02, Annexation and Zone Change from Coun~
Planning Commission Meeting - November 13, 2003
Page 1 of 6
116
Commercial to Commercial General (CG) at 600 N. Pacific Hwy., RSS Architects, applicant.
EX-PARTE CONTACTS
None
Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report.
Approval of the applications was recommended by Staff based on the applicable review criteria, the Woodburn
Comprehensive Plan and the Zoning Ordinance.
Commissioner Loner.qan requested clarification as to what the difference would be if the application had come
to Staff on July 2n~ instead of June 29~?
Staff responded the zoning criteria, as well as the Comprehensive Plan Map criteria, contained in the new
development code would have been ditferent.
Commissioner Loneroan asked whether the statement made by the applicant indicating sidewalks are not
needed at this time because no development is needed, applied to Highway 99E or to Aztec Way?
Staff answered the Public Works Department indicated to her there would be no conditions of approval at this
time since the applicant is only undergoing the Annexation and Zone Change. However, it would be
conditioned in the future once it is annexed into the City and undergoes some sort of design review. Staff
reported there is no sidewalk on Highway 99E nor on the subject site Aztec Drive.
TESTIMONY BY THE APPLICANT
Martin Matiskainen, RSS Architecture, PC, 2225 Country Club Rd., Woodbum, OR 97071 commented the
Staff Report adequately presented the relevant information for annexing the prOperty into the City and he
certainly supported that recommendation.
Chairperson Lima inquired if the applicant had any ideas of what could be constructed in the undeveloped
area?
Martin Matiskainen responded he did not know at this point. He stated it would naturally not be for residential
use since it is zoned Commercial General but it would be something more along the lines of an income
producing, job generating facility.
TESTIMONY BY PROPONENTS
None
TESTIMONY BY OPPONENTS
None
DISCUSSION
Chairperson Lima closed the public hearing and opened for discussion among the Commissioners.
Commissioner Loneroan remarked this type of business has been around a long time and has been an asset
to the City and he strongly favored the project.
Vice Chairperson Youn,q commented the passage of this Annexation into the City limits of Woodbum would
provide water/sewer, storm water services to the current business that has been there for over 19 years and
has been a contributor to our community. He stated this would give us one more piece of property on
Highway 99 and he certainly favored the project.
Commissioner Loner,qan moved to accept Annexation 02-01, Zone Change 02-02 and requested Staff return
with facts and findings. Commissioner Bandelow seconded the motion. Motion unanimously carried.
Planning Commission Meeting - November 13, 2003
Page 2 of 6
117
Variance 03-23, Variance to allow additional signege at 693 Glatt Circle, Ramsay Si;ne.
applicant.
EX-PARTE CONTACTS
Chairperson Lima, Vice Chairperson Youna. Commissioner Loner.qan and Commissioner Bandelow reported
they were familiar with the site.
Staff read the applicable ORS Statement and a presentation, as reflected in the Staff Report, was provided.
staf~ recommended approval of Variance 03-23 with the condition of approval that the directional sign be
limited to 12 square feet.
TESTIMONY BY THE APPLICANT
Robert En.qle, Webstar III, LLC, 610 Glatt Circle, Woodburn, OR 97071 reported although he was representing
Silverton Hospital tonight, he is a member of the hospital governing board as well as a member of Webstar
III, LLC. He referred to the issue addressed by Staff regarding the size of the sign. Mr. Engle reported the
Tukwila Center for Health and Medicine is a 22,000 sq. f. medical building which opened September 2001.
He further stated when the building was constructed and occupied, Simon Funeral Center, now owned by
Cornwell, was an enclave and not part of the city limits at the time. Mr. Engle mentioned when the hearing
for that development appeared before both the Planning Commission and City Council they were told at that
time that it would be nice if the City could have placed a condition of approval that a back entrance right-of-
way be developed because it is very difficult to get out on Highway 214 out of Glatt Circle. He further reported
Silverton Hospital entered into negotiations with Cornwell for a 28 foot right-of-way easement in the back for
egress and ingress out on to Boones Ferry Road. Mr. Engle commented he understood Staff's position in
dealing with an existing sign code that is not a good code for commercial businesses or for public protection
and hoped the revised code will be better and that it will be business friendly. He indicated the size of sign
they are looking for is like the sign Legacy Clinic installed on S. Boones Ferry Road. Mr. Engle asked why
shouldn't Tukwila Center have the same benefits that Legacy system does? Furthermore, he pointed out you
will not be able to read the services listed on the sign that need to be publicized to the public if the sign is
compacted in half. It was Mr. Engle's feeling the size of the sign is established to be important on an
economic basis and they are in competition with Legacy systems in this community. The Tukwila Center
facility is so unique in that the Boones Ferry Road entrance is as much a front entrance as the entrance off
Glatt Circle because people can not get in and out on the other side and it is highly used. In closing, Mr. Engle
asked why shouldn't it be a 24 sq. f. sign? He clarified there is no public around their facility that needs
protection from a larger lighted sign nor anybody that will be detrimentally affected by a larger sign. In closing,
Mr. Engle stated it is very important to them that the sign be 24 sq. ft. and asked the Commission to consider
their Variance and felt the request is justified because of the unique circumstances.
Commissioner Loner.qan inquired what are the normal operating hours of the center?
Robert Enole replied the specialists are in during basic daytime center hours. However, the weight loss clinic,
physical therapy and primarily the conference room are open before daylight in the morning during the winter
and into the evening until 8:00-9:00 pm.
Vice Chairperson Youn¢~ asked if there are any other signs that tell about the center at the other entrance
area?
Robert En.ole referred to the Staff Report and referred to photos of the entrance sign located in front of the
water feature. He explained they did not have all the specialists in the center at the time the sign was
installed and they feel the need to tell people what kind of services are provided in the center. Additionally,
he stated they are in an advertising competition with the Legacy system at this time. Although that facility is
not very big and does not have many doctors, Legacy is a good facility that wants market share within this
community.
Chairperson Lima commented Mr. Engle made some good points, particularly in that the current sign
ordinance is not really what the city deserves. However, he believed the competition is not the size of the sign
Planning Commission Meeting - November 13, 2003
Page 3 of 6
118
but the service and quality provided at the clinic and indicated he had difficulty following Mr. Engle's reasoning
for the Variance. Chairperson Lima further noted they are trying to limit, to a certain degree, clutter of signage
and it was his perception they are allowing too many Variances go through and agreed with Staff's
recommendation.
Robert En,qle understood Chairperson Lima's remarks and he agreed in that the services provided by the
Tukwila Center are as good as services that you can get anywhere. Nevertheless, they have quite a budget
spent on advertising in the Woodburn Independent every week just to advertise the types of services available
and the signage is simply an extension, from their point of view, of their rather large advertising budget. He
explained it is important that people know where you are and what your services are. He also indicated it is
their belief that although that is not as important as quality of service provided, it is very important to the
success of the hospital.
TESTIMONY BY PROPONENTS
None
TESTIMONY BY OPPONENTS
None
DISCUSSION
The hearing was closed by Chairperson Lima and Commission discussion was opened.
Commissioner Bandelow said everyone is aware the Tukwila Center is a terrific and community friendly
facility. Nonetheless, the Legacy sign on Boones Ferry is their main sign and it is their main entrance. She
thought although an illuminated second sign is important, Staff is correct in stating the sign needs to be limited
to a 12 sq. f. sign as outlined in the ordinance. Commissioner Bandelow mentioned although the proposed
sign is nice, it is rather large for that area. Furthermore, we want signs to do their jobs for the community but
we also are trying to eliminate clutter and keep everything as attractive as possible. She favored the Variance
with Staff's recommendations that the sign be limited to 12 sq. ft.
Commissioner Loner.qan agreed with Commissioner Bandelow and added he is very pleased the Tukwila
Center is in Woodburn and it has been very community friendly. He pointed out it was very smart of them to
obtain back access and he thought Woodburn, overall, should be very thankful as it is certainly relieving a lot
of traffic congestion on the intersection. Commissioner Lonergan further mentioned he was not sold on the
economic need and felt the center will be successful on its own merit without the need of a sign and thought
a directional sign is what is needed. It was his opinion that the Legacy sign is somewhat unattractive and
commented if he had a say on that he would have done something to limit the sign. In closing, Commissioner
Lonergan stated he would vote in favor of Staff's recommendation.
Commissioner Griflorieff concurred with her fellow Commissioners.
Vice Chairperson Youno made it clear the reason there is a sign Variance is because it is an additional sign
and would require a Variance even if it were 5 sq. fi.
Staff clarified the additional sign, in this case, is being allowed as a directional sign and is why Staff
recommended the 12 sq. ft. limitation. He pointed out one of the problems with directional signage in the
Commercial General (CG) zone is it allows 12 sq. ft. but it does not specify a maximum height. Staff
recommended the Commission establish a maximum height. Otherwise, the applicant could do the proposed
sign but just reduce the copy down to 12 sq. ft. He stated it might be appropriate to allow the applicant.
respond regarding height since the issue has just been raised.
Robert Enele replied he does not know what height to establish and requested he would like their sign person
give them a recommendation.
Commissioner Bandelow inquired whether the height problem would be taken care of if this were specified
Planning Commission Meeting - November 13, 2003
Page 4 of 6
119
as a monument sign and not a pole sign?
Staff responded the code does not have a maximum height on a monument sign either and noted the
defi-'--'~ition of a sign area is not entirely clear. He recommended a maximum height be established just to make
it clear to the applicant and to Staff. It was suggested by Staff it be no more than 5 ft. from ground to top so
that the top of the sign is no more than 5 ft.
Commissioner Loner~ao moved to accept Variance 03-23 with the modification of Condition of Approval Item
#2 to add '...and maximum height of the sign to be ,5 ft. for a f2 sq. ft. sign" and instructed Staff return with
facts and findings. Motion was seconded by Commissioner Bandelow. Motion unanimously carried.
ITEMS FOR ACTION 7 514 · tt addition to
............. -- - . arlance03-25 ro osed · ·
A. 75 Mt H Ave Matthew S icer ClartuK os Arcn~ ·
Salud Medical C nte._r at 11 ' - , -~ ..... * ~-,, ~hi- hearinn he did review the minutes and
Commissioner Loner.clan reported although he was no~
the Staff Report and felt comfortable casting a vote.
Commissioner Youn¢i moved to accept the Final Order as presented by Staff. Commissioner Bandelow_
seconded the motion, which carried unanimously.
B~. Cancel F;ai~nin(z Commission mectlna of Novei~_he_r 27. 2003 and schedule special meeting
for December 4, 2003,
Commissioner Lonercan moved to cancel the meeting of November 27, 2003 and to schedule a special
meeting for December 4, 2003. Vice Chairperson Young3 seconded the motion. Motion unanimously carried.
DISCUSSION ITEMS
Staff announced the Sign Focus Group has finished their review of the draft Sign Ordinance. He stated he
wa---~'quite impressed with how well the group worked together and really came to a consensus. Additionally,
Staff reported a resolution to initiate Planning Commission public hearing for that ordinance will go before City
Council possibly the first meeting in December and probably will come before the Commission in February.
He explained both January Planning Commission meetings will be dealing with Periodic Review related public
hearings. Staff pointed out the Commission will be reviewing code amendments the first three months of
2004.
Commissioner Loner.qan asked Staff if the December 4~ meeting will be the only one for that month?
Staff clarified there are two public hearings scheduled for December 4"~ and the final orders for those hearings
will be brought back before the Commission December 11"~. In addition, there is a hearing scheduled for
December 11"~ however, the final order for that hearing will have to wait until January 2004.
A_:. Buildlna Activity for October 2003
B. Plannina Proi-=ct-- Tracklna Sh_,~,~__ (revised 11-3-03}
~"ommissioner Bandelow_ mentioned the City Council called up the approval for the property on Stacey Allison
Way. She indicated according to the Council minutes, the mason given was the amount of traffic that would
be generated in that area. She commented it was her understanding that the traffic impact could not be
considered since a traffic study was not required of the applicant and all of the criteria had been met.
Staff informed the Commission the City Council held their hearing this past Monday and the City Council
agonized over that exact issue. He indicated the Council finally ended up unanimously approving the project.
However, there were several councilors that would have liked to have been able to deny it if they had some
basis to do so.
Planning Commission Meeting - November 13, 2003
Page 5 of 6
120
BUSINESS FROM THE COMMISSION.
Commissioner Lonerc~an announced he has a business meeting at 6:00 pm November 17~ and hopes to
attend the work session but will arrive a little late.
Staff pointed out the work session will start at 7:00 pm in the City Council Chambers and it is planned to go
for about 1 ½ hr. However, it may stretch Out for as long as needed as there will be a lot of material for review.
ADJOURNMENT
Commissioner Loner=an moved to adjourn the meeting. Commissioner Bandelow seconded the motion.
Motion carried. Meeting adjourned at 8:15 pm.
ATTEST Jim Ml~d~T-'~'' Da
Comr~ur~ty Development Director
City o~/o0dburn, Oregon
Planning Commission Meeting - November 13, 2003
Page 6 of 6
121
WOODBURN
Incorporated t889
14A
January 12, 2004
TO:
FROM:
SUBJECT:
Mayor and City Council through City Administrator-"
Jim Mulder, Director of Community Development ~
Planning Commission's Approval of Design
Variance 03-28.
03-22 and
RECOMMENDATION:
No action is recommended. This item is placed before the City Council for
information purposes in compliance with the Woodburn Development
Ordinance. The City Council may call up this item for review if it desires.
BACKGROUND:
On January 8, 2004 the Planning Commission adopted a final order approving
the applicant's request for design review approval to build a 2,365 square foot
office building adjacent to an existing office building located at 576 Ray J. Glatt
Circle. Variances were also approved to allow the existing parking located in
the required 10-foot interior yard setback and 65-foot special setback (adjacent
to Highway 214) to remain.
The subject property is zoned Commercial Office (CO) and designated
Commercial on the Woodburn Comprehensive Plan Map. The parcel is a
double fronting lot with the rear located on the north side of Highway 214 and
the front facing Ray J. Glatt Circle. There is an existing 2,131 square foot office
building located on the site. This proposal is to construct a second 2,365 square
foot office building that will be almost identical to the existing building. Four
new parking stalls and one loading zone are proposed to be added and two
existing parking stalls located adjacent to the driveway throat and in the front
setback (adjacent to Ray J. Glatt Circle) are to be removed. Twelve of the
existing parking stalls project 4 feet into the required 10-foot interior yard setback
on the east and two stalls project approximately 2 feet into the required 65-foot
special setback adjacent to Highway 214, so the applicant requested variances
to allow these encroachments to remain.
The subject site is mostly flat and contains existing landscaping and trees in the
rear along Highway 214. According to the FEMA Flood Insurance Rate M/C~o,
Agenda Item Review: City Administrator ~ City Attorney J%//f"~ Financ~
122
Mayor and City Council
January 12, 2004
Page 2
41047C0139G, the subject property is located outside the 500 year floodplain.
The Local Wetlands Inventory does not show wetlands on the subject property.
The neighboring properties to the north, east and west are zoned Commercial
Office (CO), designated Commercial on the Woodburn Comprehensive Plan
Map and are in office use. The neighboring parcel to the south (across Highway
214) is zoned Medium Density Residential (RM), designated Residential Greater
Than 12 Units Per Acre on the Woodburn Comprehensive Plan Map and is
currently in use as a house of worship (Seventh Day Adventist Church}.
Applicant:
RSS Architecture, P.C.
2225 Country Club Road
Woodburn, OR 97071
Property Owner:
Maria R. Ahre
576 Ray J. Glatt Circle
Woodburn, OR 97071
DISCUSSION:
None.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
lO.3
14B
January 12, 2004
TO:
FROM:
SUBJECT:
Mayor and City Council through City Administrato-K--~' "~'~'
Jim MuIder, Director of,Community Development[~
Planning Commission s Approval of Design ~eview
Varignce 03-26.
03-20 and
RECOMMENDATION:
No action is recommended. This item is placed before the City Council for
information purposes in compliance with the Woodburn Development
Ordinance. The City Council may call up this item for review if it desires.
BACKGROUND:
On December 11, 2003 the Planning Commission adopted a final order
approving the applicant's request for design review approval of a steeple and
27 new parking spaces on the south side of the subject site. The Planning
Commission also approved the applicant's variance request to the right of way
and street improvement requirements on Country Club Road and variance
request to allow the expanded parking area to be located in the 20 foot
setback from the abutting RS zone.
The subject site is located at 1000 Country Club Road and further identified on
Marion County Assessor Maps as Township 5 South, Range 1 West, Section 7BA,
Tax Lot 800. The property is flat. No wetlands are located on the subject site
and it is not located in the 500 year floodplain.
The subject property is zoned Single Family Residential (RS) and designated as
Residential Less Than 12 Units Per Acre on lhe Woodburn Comprehensive Plan
Map. The site is fully developed with parking, landscaping and a church
meeting hall. The surrounding properties are also zoned RS and designated as
Residential Less Than 12 Units Per Acre on the Woodburn Comprehensive Plan
Map. A water treatment facility for the City of Woodburn is being constructed
on the property to the west. Single family dwellings are located on the property
to the south and the property to the north
property to the east is vacant.
Agenda Item Review:
City Administrator_ '~4"~/
(across Country club Road). The
City Attorney
Financ~j
124.
Mayor and City Council
January 12, 2004
Page 2
Applicant & Property Owner:
LDS Church
1000 Country Club Road
Woodburn, OR 97071
DISCUSSION:
None.
FINANCIAL IMPACT.:
There is no financial impact associated with the recommended action.
125
14C
January 12, 2004
TO:
FROM:
SUBJECT:
Mayor and City Council through City Actministrator~..~ ~)'..-../
Jim Mulcler, Director of Community Development,,~
Planning Commission's Approval of Partition 03-03 and Variance 03-
32.
RECOMMENDATION:
No action is recommended. This item is placed before the City Council for
information purposes in compliance with the Woodburn Development
Ordinance. The City Council may call up this item for review if it desires.
BACKGROUND:
On December 11, 2003 the Planning Commission adopted a final order
approving the applicant's request to partition a 21,780 square foot parcel into
two parcels, which are to be 12,045 square feet and 9,735 square feet in size. A
variance to the right of way and improvement requirements for Hardcastle
Avenue was also approved.
The property is located at 865 Hardcastle Avenue and is further identified on the
Marion County Assessor Map as Township 5 South, Range 1 West, Section 8CC
Tax Lot 4700. The existing property is 21,780 square feet in size and contains one
single-family dwelling and a shed. The applicant is proposing to partition off a
12,045 square foot parcel in the rear and leave a remaining 9,735 square foot
parcel in the front where the single-family dwelling is located. The proposed
rear lot is to be a flag lot with a 20-foot wide access and utility easement.
The subject property is zoned Single Family Residential (RS) and designated
Residential Less Than 12 Units Per Acre on the Woodburn Comprehensive Plan
Map. The neighboring properties to the north, east and west are also zoned
Single Family Residential (RS) and designated Residential Less Than 12 Units Per
Acre on the Woodburn Comprehensive Plan Map. The neighboring property to
the south across Hardcastle Avenue is zoned Medium Density Residential and
designated Open
Map.
Agenda Item Review:
Space and Parks on the
City Administrator~
Woodburn Comprehensive Plan
City Attorney
Finance~
126
Mayor and City Council
January 12, 2004
Page 2
The front half of the property is flat where the single-family dwelling is located
and slopes somewhat steeply in the rear behind the existing shed (to be
removed). There are approximately a dozen medium size trees on the parcel
and a few significant trees. The Local Wetlands Inventory identifies a small
portion of the northwestern corner of the property (in the rear) fo contain a
significant wetland (MC-5). The Division of State Lands (DSL) has been notified of
the proposal. The northwesterly corner also is located in thel00-year floodplain.
Applicant &
Property Owner:
Anikita Barsukoff
P.O. Box 482
Woodburn, OR 97071
DISCUSSION:
None.
FINANCIAL IMPACT.:
There is no financial impact associated with the recommended action.
127
OPENING STATEMENT FOR LAND USE HEARINGS
REQUIRED BY ORS CHAPTER 197
This is the time set for public hearing in Annexation Case File Number 02-
01 and Zone Change Case File Number 02-02. The property owner proposes to
annex 1.15 acres of land into the City of Woodburn and change the zoning of
the property from Marion County CR (Commercial Retail) to City of Woodburn
CG (Commercial General). The subject property consists of two parcels
which are located at 600 and 610 N. Pacific Highway. Industrial Welding
Supply, Inc. is the property owner.
1. The law requires the City to list all substantive criteria relevant to
each hearing. The applicable substantive criteria are listed in the
notice of public hearing and are as follows:
AiqNEXATION 02-01:
Ao
WOODBURN COMPREHENSIVE PLAN
IX. Goals and Policies
B. Commercial Land Development Policies
D. Annexation Goals and Policies
H. Public Services Goals and Policies
K. Transportation Goals and Policies
L. Growth Goal
M. Growth and Urbanization Policies
B. WOODBURN TRANSPORTATION SYSTEMS PLAN
ZONE CHANGE 02-02
A. WOODBURN COMPREHENSIVE PLAN
WOODBURN ZONING ORDINANCE
1. Chapter 15 Zone Change Procedures
2. Chapter 16 Comprehensive Plan Amendment Procedures
The full text of all listed criteria is printed in the staff report
which has been distributed prior to this hearing and is also available now
for inspection by any interested persons.
2. Ail 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.
Page 1 - Opening Statement for Land Use Hearings
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 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 of the initial evidentiary hearing,
or
(b) leaving the record open for at least seven days for additional
written evidence or testimony.
If the hearing is continued and new written evidence is submitted at the
continued hearing, any person may request, prior to the conclusion of the
continued hearing, that the record be left open for at least seven days to
submit additional written evidence or testimony to respond to the new written
evidence. If the record is left open rather than continuing the hearing,
any participant may file a written request to reopen the record to respond to
new evidence submitted while the record was left open and the City Council
shall grant that request. The applicant is allowed at least seven days after
the record is closed to all other parties, to submit final written arguments,
but not new evidence, in support of the application.
6. If additional documents or evidence are provided by any party, the
City Council may allow any party to the hearing a continuance of the hearing,
or leave the record open, to allow the party a reasonable opportunity to
respond.
7. Everyone addressing the City Council is requested to come forward,
use the microphone, and begin by giving your full name and address. We wish
to hear from everyone who is interested in the proposal. (For those of you
who wish to testify, please be sure to fill out the "Hearing Testimony Sign-
Up Sheet" located on the table in the hallway). We will now proceed with the
staff report.
Page 2 - Opening Statement for Land Use Hearings
Madam Mayor and Council
1. This used to be the spot for complaints etc
a. Most folks who stepped up to the podium at
this spot on the agenda has some sort of
complaint or axe to grind.
2. I assume nothing has changed so here I am with
my axe to grind.
3. I have some things that I need to get off my chest
so please permit me to put a different twist on my
complaints.
1. First and foremost I want to thank you for your
service to your community. It is not easy to sit where
you are and try to always be objective. I think you all
have done a magnificent job in making decisions that
reflect either the will of the citizens or the law,
whichever was applicable.
t
I would
important.
like to cite a few that I feel were very
ae
Your recent decision on the piece of land
that the state needs for interchange
improvement. You did what you had to do.
By getting the concessions you did puts the
state in the position of doing something or
suffering the end result. You also gave the
Mayor a chance to vote. Good Job
bw
Your decision to keep the big cedar trees, if
possible, at the intersection of 214 and
Settlemeier. Those trees grew up with me
and I with them. I am sure there are other
citizens that appreciate what you decided.
Ce
The completion of phase I Boones Ferry.
What a great improvement both in street
surface and in lighting. Without council
input that project might still be on the
drawing board.
aw
You all showed good judgement when you
listened to a very emotional group
concerning a fence. The man played by the
rules and you supported him in the face of a
lot of opposition. Jim - I really felt for you
on that one. Again good job.
ee
Completion of the Skate Park-- I thank you
all for your support of a project that strictly
benefits youth.
Acceptance of the Park master plan as you
felt it needed to be modified. It appears that
you all did a good job of reviewing it before
it got on the agenda.
One coming up that I really am glad that I
am not part of the elected body is the Sign
Ordinance. There is no way you can make
everyone happy with this one. However I
am confident that when all is said and done
you will make the decision that is the right
one.
Be
I think I will stop there. If I go much further I will
have given the Mayor's State of the City speech, and I
would rather not do that.
Richard - I really think you have the toughest job on
the council. Mid Valley Transportation, where you
work, both of those sometimes put you in a rather
unique spot that I would not want to be in. You
handle it very well and the citizens owe you an extra
big thank you.
Elida - I thought you were going to slow down. Can't
do it can you. You have served this community above
and beyond what should be expected from anyone.
We all appreciate your efforts on our behalf.
Walt - As a citizen of this city I really appreciate you
continuing stand concerning liquor licenses. True the
law says it is OK but in this case I commend you on
your moral decision. I also want to thank you for your
efforts with the Christmas Music Festival.
Pete - Keep up the good work my friend. You are
not afraid to ask the tough questions. It is obvious that
you always do your homework. While I was mayor I
depended on you to find what I missed. You are a
credit to the elected body.
Tony - Good job for you first year. You continue to
show good judgement in your decision making. Good
luck in the future.
Jim - You have the second toughest job on the
Council. You represent a great group of folks and are
their advisor, yet when you get into your council chair
you put all those things aside and start fresh. My
feeling is that you always look at the big picture on
issues and try to make the decision that benefits the
entire city not just your ward. I really appreciate what
you have accomplished.
Madam Mayor- I would be remiss if I didn't
recognize your contribution to the whole city. I know
from experience that you spend a lot more time doing
city business than most folks realize. I personally
thank you for accomplishing some of my goals that
were undone when I left office. I know that you love
this city as much as I do and we citizens owe you a
great big thank you. As an ex-public official I
appreciate the communication between us. Through
our meetings and telephone conversations you make
me feel like I am still part of the process. For that I
am grateful.
Folks you have a great staff. Every department head
goes the extra step to make good things happen. Scott
Russell and the police department have the respect of
the entire community because they do an outstanding
job. As an example - on Wednesday Jan 7th in the
evening our Officers were going from house to house
in an area of the city that had been out of power for
about 6 hours. The area was populated with seniors
and arrangements had been made to evacuate them if
they chose to do so. In my opinion this is action
above and beyond what is expected. I was glued to
my scanner while one of our officers (B33) was doing
a welfare check. It looked like the situation might not
be good but this officer was not going to give up until
he either made sure the house was empty or the
occupant was OK. I did not keep track of the exact
time but I am sure he was on the premises for over an
hour before the situation was resolved. The occupant
was finally aroused and was OK. Scott - I want to
publicly thank those officers and their sergeant for
their concern and actions. Please pass my thanks on.
Frank Tiwari and the Public Works folks keep the
water flowing and the sewers operational. They do
their best to keep our streets in good shape. Planning -
Jim Mulder continues to be a breath of fresh air. He
has surrounded himself with great folks and that
makes him look extra good. Parks - I cant say enough
about Randy and his staff. Great programs are in
place and more in the works. Ben and his staff keep
this city moving financially. I feel we are very
fortunate to have him and the folks who work for him
in our city. I really appreciate Ben during the budget
process, for his knowledge and willingness to share
that with the budget committee.
Then we have our City Attorney --- In my opinion
there is none better. His conservative ways have kept
this city out of a lot of trouble. I could go on and on
about his good works but I am sure you already know
about them. Do not let him get away.
Lo
We also have the greatest group of employees around.
Our Department heads could not get the job done
without the staff. This community owes a great big
thank you to all of our city employees.
m. Last but in no way least - John Brown - What a find
when we got him. Through his efforts we enjoy a good
financial position and stability in our staff. I credit his
leadership as the reason the turnover in employees is so
low. He is fair but firm. Just what we need. He is
sensitive to the needs of the public yet knows when to
make a stand. I look around this state and see the trouble
other cities are having and thank the good Lord we have
John. Words cannot express the gratitude that I feel
toward John. Stick with us buddy
Mayor, Council - thank you for your time. I felt you
needed to know that some citizens really appreciate
what you do. I for one think we have the best elected
body in the state of Oregon if not the entire US.
Enough said -- thank you again for your work and God
Bless you.