Agenda - 10/11/2004
WOODBURN CITY COUNCIL
AGENDA
OCTOBER 11, 2004 - 7:00 P.M.
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. The Friends of the Woodburn Public Library will hold their semi-
annual book sale on October 15 and 16,2004 from 10:00 a.m.
to 4:00 p.m. at the Library.
B. "Paws for a Cause" will be held at the Aquatic Center on
October 23, 2004 from 10 a.m. to 1 p.m. Pooches only (no
humans) will be allowed in the pool. Heaters and chlorinators
will be turned off to make the water "dog-friendly." Admission
is $5 with half of the proceeds supporting the Humane Society.
C. The Woodburn Memorial Aquatic Center is closed for annual
maintenance from October 24 through October 31 ,2004, and
will reopen November 1 sl with, regular Monday schedule.
D. A public hearing to consider the Northwest Natural Franchise
will be held on October 25, 2004.
Appointments:
None.
4. PROCLAMA TlONS/P RESENT A TIONS
Procla motions:
A. Crime Prevention Month 2004
1
Presentations:
None.
"Habra interpretes bisponib{es para aqueUas personas que no bab{an Ing{eS/ previo acuerbo. Comunlquese
a{ (503) 980-2485,'.
October 11, 2004
Council Agenda
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5. COMMITTEE REPORTS
A. Chamber of Commerce
B. Woodburn Downtown Association
6. COMMUNICATIONS
A. Marion Soil & Water Conservation District Annual Report
2
B. City Hall Day Invitation from the City of Salem
12
7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items
for Council consideration not already scheduled on the agenda.
8. CONSENT AGENDA -Items listed on the consent agenda are considered
routine and may be enacted by one motion. Any item may be removed
for discussion at the request of a Council member.
A. Woodburn City Council minutes of September 27,2004
Recommended Action: Approve the minutes.
13
B. Building Activity for September 2004
Recommended Action: Accept the report.
27
C. Planning Project Tracking Sheet dated September 23, 2004
Recommended Action: Accept the report.
28
D. Woodburn Public Library Monthly Report for September 2004 32
Recommended Action: Accept the report.
9. TABLED BUSINESS
None.
10. PUBLIC HEARINGS
A. Annexation 04-01, Zone Change 04-01, Property Line 33
Adjustment 04-02 and Property Line Adjustment 04-03;
Annexation and Zone Change on City of Woodburn Property
located at 515 S Settlemier Avenue
Recommended Action: Conduct hearing and approve
Annexation 04-01, Zone Change 04-01 , Property Line
Adjustment 04-02 and Property Line Adjustment 04-03 and
instruct staff to prepare an ordinance to substantiate the
Council's decision.
October 11, 2004
Council Agenda
Page ii
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11. GENERAL BUSINESS - Members of the public wishing to comment on items of
general business must complete and submit a speaker's card to the City
Recorder prior to commencing this portion of the Council's agenda.
Comment time may be limited by Mayoral prerogative.
A. Council Bill No. 2534 - Resolution denying Variance 36
Application 04-10 for the property located at 2875 Newberg
Highway
Recommended Action: Adopt the resolution.
B. Council Bill No. 2535 - Resolution regarding Measure 37
(Prepared by City Council and placed on the agenda by its
request. The Resolution will be presented by Councilor Cox at
the meeting and was not prepared using either City staff
resources or materials.)
C. Council Bill No. 2536 - Resolution authorizing the transfer of 48
operating contingency appropriations during fiscal year
2004-05
Recommended Action: Adopt the resolution
D. Council Bill No. 2537 - Resolution entering into an agreement 52
with Woodburn Grange No. 79 for the purpose of widening
Settlemier Avenue and authorizing the City Administrator to
sign said agreement
Recommended Action: Adopt the resolution
E. Acceptance of Bancroft Bond Application 62
Recommended Action: Accept the Bancroft Bond application
which was filed after the initial 1 O-day filing period on the East
Hardcastle LID.
F. Bid Award for Municipal Well 14 Raw Water Transmission Line 64
Recommended Action: Award bid for Municipal Well 14 Raw
Water Transmission Line to the low responsible bidder, Kerr
Contractors, Inc. for $142,798.70.
G. Appointment of Administrator Pro Tern 65
Recommended Action: Appoint the Public Works Director as
Administrator Pro Tem for the period of October 16, 2004
through October 20, 2004.
October 11, 2004
Council Agenda
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H. League of Oregon Cities Conference and Business Meeting 66
Recommended Action: Determine interest in attendance at
the League of Oregon Cities Annual Conference and select,
as appropriate, voting delegates to represent Woodburn at
the annual business meeting.
I. Kroc Initiative Task Force 69
Recommended Action: Review and comment.
12. NEW BUSINESS
13. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These
are Planning Commission or Administrative Land Use actions that
may be called up by the City Council.
None.
14. CITY ADMINISTRATOR'S REPORT
15. MAYOR AND COUNCIL REPORTS
16. EXECUTIVE SESSION
A. 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).
B. To consider records that are exempt by law from public
inspection pursuant to ORS 192.660 (1) (f).
C. To conduct deliberations with persons designated by the
governing body to negotiate real property transactions
pursuant to ORS 192.660(1 }(e).
17. ADJOURNMENT
October 11, 2004
Council Agenda
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PROCLAMATION
4A
CRIME PREVENTION MONTH 2004
WHEREAS, THE VITALITY OF THE CITY OF WOODBURN DEPENDS ON HOW SAFE WE KEEP
OUR HOMES, NEIGHBORHOODS, SCHOOLS, WORKPLACES, AND COMMUNmESj AND
WHEREAS, CRIME AND FEAR OF CRIME DESTROY OUR TRUST IN OTHERS AND
INSTITIJIlONS, THREATENING THE COMMUNITY'S HEALTH, PROSPERITY, AND QUALITY OF LIFE; AND
WHEREAS, PEOPLE OF ALL AGES MUST BE MADE AWARE OF WHAT THEY CAN DO TO
PREVENT THEMSELVES, THEIR FAMILIES, NEIGHBORS, AND CO-WORKERS FROM BEING HARMED BY
CRIME, VIOLENCE, AND DRUGSj AND
WHEREAS, THE PERSONAL INJURY, FINANCIAL LOSS, AND COMMUNITY DETERIORATION
RESULTING FROM CRIME ARE 1NT0LERABLEj AND
WHEREAS, EFFECTIVE PREVENTION REQUIRES INVESTMENT BY THE WHOLE COMMUNITY;
AND
WHEREAS, CRIME PREVENTION INITIATIVES MUST INCLUDE SELF-PROTECTION AND
SECURITY, BUT THEY MUST GO BEYOND THESE TO PROMOTE COLLABORATIVE EFFORTS TO MAKE
NEIGHBORHOODS SAFER FOR ALL AGES AND TO DEVELOP POSITIVE OPPORTUNmES FOR YOUNG
PEOPLEj AND
WHEREAS, ADULTS MUST INVEST TIME, RESOURCES, AND POLICY SUPPORT IN EFFECTIVE
PREVENTION AND INTERVENTION STRATEGIES FOR YOUTH, AND TEENS MUST BE ENGAGED ACTIVELY
IN DRMNG CRIME FROM THEIR COMMUNITIES; AND
WHEREAS, EFFECTIVE CRIME PREVENTION PROGRAMS EXCEL BECAUSE OF PARTNERSHIPS
AMONG LAW ENFORCEMENT, OTHER GOVERNMENT AGENCIES, CIVIC GROUPS, SCHOOLS, FAITH
COMMUNmES, BUSINESSES, AND INDIVIDUALS AS THEY HELP TO NURTURE COMMUNAL
RESPONSIBILITY AND INSTIll PRIDE.
NOW, 1HEREFORE, I, KATHRYN FIGLEY, MAYOR OF THE CITY OF WOODBURN, DO
HEREBY PROCLAIM OcrOBER 2004 AS CRIME PREVENTION MONTH IN THE CITY OF WOODBURN,
AND URGE ALL cmZENS, GOVERNMENT AGENCIES, PUBLIC AND PRIVATE INSTITUTIONS, AND
BUSINESSES TO INVEST IN THE POWER OF PREVENTION AND WORK TOGETHER FOR THE COMMON
GOOD.
1
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6A
Marlon Soil .. Water
~Con~a~arStrict Annual
Report
Fiscal Year 2003-2004
Cooperator of the Year
Fisher Family Farm
By Jeremy Baker, Watershed Technical Specialist
Sometime around the mid-1870's, Joe Fisher decided to
move. He packed up and boarded a boat for the new
world. Upon landing in America, he settled for a short
time in Wisconsin before moving farther west. He finally de-
cided that the Waldo Hills of Sublimity, Oregon was a good place
to call home. His 100 acre farm was so beautiful and fertile that
his son, Andrew, Andrew's son, Eric, Eric's son, Lawrence, and
Lawrence's son, Ralph, also decided to call it home.
Continuing in the Fisher Farm's tradition, Ralph farms an as-
sortment of crops including fine fescue, rye and oats, all for
seed. He has a handful of beef cows, a few hogs and runs about
150 sheep through the pastures on the farm.
Over the years, Fisher Farms has taken on a number of projects
to improve their natural resources. Ralph is working with the
Natural Resources Conservation Service (NRCS) and the
Contents
Landowner Assistance Program .....................2
Pudding River Watershed Assessment Update.........3
P i ct u r e P age. .. . . . . . .. . . .. . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . .. .4
Two Successful Prog rams................................5
Salem-Keizer Council Updates ............................5
An Engineer's Perspective.................................6
Conservation Practices On the Ground.................6
Events and Workshops Continue.....................?
Candidates for Director Positions..........................8
2003-2004 Accomplishments............................9
Financial Report.................................................9
Marion Soil and Water Conservation District (SWCD) through
the Environmental Quality Incentives Program (EQIP) on cross
fencing and gating to create rotational grazing opportunities for
the cattle and sheep, which allows for better forage for a longer
period of time.
With the South Fork of the Little Pudding River running through
the farm, planning and implementation of conservation prac-
tices has been done to keep the livestock from negatively im-
pacting these stream banks. Ralph has installed animal walk-
ways so that the livestock may cross the stream without creating
erosion issues. A number of water troughs have been installed
throughout the farm to keep the livestock from going into the
stream to drink.
In the crop fields, Ralph has implemented no-till (minimum tillage
practices) to limit soil disturbance and decrease erosion from
Continued on page 2
Ralph and Lawrence Fisher
1
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Landowner Assistance Program
A Success for Marion SWCD
By Robin Straughan, Watershed Technical Specialist
The Marion SWCD has worked hard to help Marion County
residents through its Landowner Assistance Program
(LAP). The program began in 2003 as a way to help
small acreage landowners, livestock owners, and conserva-
tion-minded people who wanted to address the concerns of the
Agricultural Water Quality Program (Senate Bill 1010). Another
goal of the program was to help the landowners whom the
SWCD had been working with but who did not qualify or rank
high enough for other cost-share grant programs.
The driving force behind the LAP was to get
soil and water conservation practices on the
ground, no matter how small the project, and
produce benefits to water quality.
The Marion SWCD staff and board developed
an application and screening process, and
paperwork for documenting projects as they
were implemented. The board also set aside
money from their annual budget in order to
begin a fund for the LAP. In 2003, Marion
SWCD received 11 applications, and they were able to fund 7
of the applicants. The projects included:
. a manure storage structure, a heavy use protection
area, and a streamside planting project for a horse owner
. a cross-fencing project for a cattle operation
. a noxious weed removal and native planting project
for a wilderness area
. an erosion control project for a wood-lot owner
. microirrigation projects for various crops
The projects were funded with a 50% cost-share match from
the applicants and technical assistance was provided by the
Marion SWCD staff.
In 2004, Marion SWCD increased the program funding to help
meet the demands of potential applicants. The district was
surprised to receive 23 applications with
requests for more than $85,000 in project
funding. The SWCD will be funding 17 of the
projects and providing technical assistance
to all of the applicants. The increase in the
number of applicants was due in large part to
a .word-of-mouth campaign" by the previous
recipients because they were so pleased with
the program in its first year.
The 2003 projects will be highlighted with a
slide show presentation and photo display at
the Marion SWCD Annual Meeting in October and with a dem-
onstration tour next spring. In addition, six of the projects have
signs noting that the projects were funded with assistance from
the Marion SWCD Landowner Assistance Program. Through the
LAP, the Marion SWCD has been able to help non-traditional
customers, including organic farms, small acreage horse farms,
specialty crop farms, and a conservation group.
Continued from page 1
runoff, In one particular field, water erosion was contributing to
concentrated flow and creating a yearly gully. Instead of continu-
ing to refill the gully or waiting until a major storm event created
an enormous problem, Ralph tiled the area; he now has plans
to construct a series of rock drops at the end of the tile line as
the ditch finds its way to the South Fork of the Little Pudding
River. Ralph also installed a 35' vegetative buffer along the field
border at the edge of the river.
When asked what he believes is the most important aspect to
farming, Ralph replied, "It's very important to be proactive when
dealing with resource concerns; they must be addressed before
they become a problem. "
Ralph practices what he preaches. Prior to the initiation of the
Molalla-Pudding French Prairie North Santiam Agriculture Wa-
ter Quality ManagementArea (Senate Bill 1 01 0), Ralph worked
with the Oregon Environmental Council and the Oregon Depart-
ment of Agriculture to develop parameters on the proper size
and placement of buffer strips near water bodies for pollution
and sediment control. He took the time to have a conservation
plan written to address the aforementioned resource concerns,
which has enabled Fisher Family Farms to be profitable and
environmentally. sensitive.
In keeping with his beliefs, Ralph has been a member of the
Oregon Seed Council for the past 20 years, He also serves on
the Marion SWCD Board of Directors. He was elected District
Chair in 2003, and has been a great voice of conservation for
the district and the county.
Annual Report
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Pudding River Watershed Assessment Update
By Scott Eden, Pudding River Watershed Council Coordinator
The Pudding River Watershed Council (PRWC) has re-
ceived an Oregon Watershed Enhancement Board
(OWEB) grant for $71,093 to perform a basinwide as-
sessment of watershed conditions. This document will be an
important step toward identifying and prioritizing aquatic habitat,
water quantity, and water quality issues and concerns for the
basin.
The assessment will characterize the present day conditions
of the rivers and streams in the watershed by gathering all the
known studies and information available. The final document
will follow guidelines set out by OWEB to assess current and
historical conditions, changes and trends in water quality, fish
and wildlife resources, land use and other benchmark measures
to determine how the watershed is functioning. It will be used for
future watershed planning related to the nine distinct subbasins
of the watershed.The assessment will also serve as a base
document to identify areas where more information is needed
and to contribute to an Action Plan that will identify and prioritize
future restoration projects.
By completing the assessment, the council can address the
problems facing the Pudding River in a scientific manner that will
provide planning tools for future restoration projects, land use
planning recommendations,
and inform and involve the
public in watershed protection
and enhancement opportunities
for their local streams. Many
aspects of a modern assess-
ment are now achieved using
Global Information Systems
(GIS) maps and data, which
gives watershed residents both
a base layer of updatable maps
and an expandable scientific
database for the ever-chang-
ing nature of the streams and
land uses.
The watershed council has
advertised to hire a qualified
consultant to help put together
the document and is currently
conducting interviews, The
council will have a consultant working on this project in October
and have the final assessment completed near the beginning
of 2006.
An Advisory Committee is being formed with members of the
community and agency personnel to act as technical experts for
the many components of the watershed assessment. Because
95 % of the watershed is privately owned, we have a great need
for volunteer help from landowners, farmers, and businesses
to characterize the influences we have on our watershed. The
council will hold community forums to gather input about wa-
tershed issues and to generate support for the project. If you
can provide scientific or historical information about your sub-
watershed, contact Scott Eden, the Pudding River Watershed
Council Coordinator (503-566-5918).
Much of the water quality data the PRWC has been collecting
since 2002 will be integrated into the assessment. This volunteer
program has collected baseline data on temperature, pH, con-
ductivity, bacteria, turbidity and dissolved oxygen from a number
of the major streams in the watershed. Other recent studies
include additional temperature and E. coli bacteria sampling this
summer by the Oregon Department of Environmental Quality
(DEQ). DEQ also funded a low-altitude flight of the mainstem,
cataloging the surface water tem-
peratures using infrared cameras.
This effort will be used by the
agency to create Total Maximum
Daily Load pollutant allocations.
Marion County Planning has
also recently worked to fund fish
and wildlife surveys crews from
Oregon Department of Fish and
Wildlife on many area streams,
most notably Abiqua and Butte
Creeks. These new studies will be
incorporated into the document
along with old historic surveys
and records to show changes and
trends. The Oregon Department
of Agriculture has also recently
finished doing vegetation stud-
ies in a number of random small
basins within the Pudding River
watershed.
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Pudding River Watershed
Logend
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Picture Page
Annual Report
5
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Two Successful Programs
Oregon Envirothon 2004 and the 2nd Annual Poster Contest exceed expectations
By Diane Cheyne, Education Outreach Coordinator
Fourteen teams participated in the seventh annual
Envirothon competition, which was hosted for the first
time at the Oregon Garden on April 10th. The weather
was beautiful for picture taking after Newberg High School's
FFA team placed 1 st, followed closely in 2nd by the team from
J Bar J Learning Center from Bend. Churchill High School from
Eugene and North Salem High School placed 3rd and 4th. The
schools received cash prizes and plaques for their honors.
Oregon Envirothon 2004 tested particpants on soils/land use,
forestry, wildlife, aquatic ecology, and "natural resource man-
agement in the urban environment." All the teams gave seven-
minute oral presentations on how the City of Silverton should
utilize the Pettit property that is adjacent to the Oregon Garden.
A big "thank you" goes out to the 31 volunteers who helped the
event function smoothly.
Newberg students, Gail Meeker, Josh Hollabaugh, Camille
Spain, Clint Niehus, Dustin Hollabaugh, their advisor, Bob
Beckner, Julie Woodward, Oregon Forest Resources Institute,
and I attended the North America Canon Envirothon in West
Virginia. After a grueling week of testing and presentations, the
students from Oregon were honored to eam the top score of all
51 teams on the Wildlife test.
Congratulations, Newbergl
Twenty-three 1 st thru 5th grade Salem-Keizer School Dis-
trict classrooms (300 students) completed posters for the
2nd Annual Marion SWCD Poster Contest. The 2004
theme was "The Living Soil." The district provided activity books,
handouts, and teacher guides as educational materials to all the
classrooms. Most of the entries were done in crayon, felt pen, or
colored pencil. Posters ranged from pictures of lush backyards
to detailed close-ups of the soil.
All 23 classroom winners received certificates of recognition,
prizes from the district, and one free entrance into AC Gilbert
House. Their posters were also on display at the Oregon State
Capitol Rotunda during the month of July.
The 23 first place posters will be again on display, but this time
in the Oregon Garden's Grand Hall at the Marion SWCD Annual
Meeting on October 6th. They will be voted on by those who
attend the dinner, and the top 1st grade, 2nd-3rd grade, and
4th-5th grade posters will represent Marion County at the state
poster competition during the Oregon Association of Conserva-
tion District's convention, November 16th-19th, in Eugene. The
top state posters will go on to compete at the national level in
Atlanta, Georgia in February, 2005.
Thanks to all the participants I
Salem-Keizer Council Updates
By Bob Roth, Salem-Keizer Watershed Council Coordinator
Claggett Creek Watershed Council (CCWC) - As the lead organization, CCWC's primary focus between July and October
2003 involved site preparations, event planning, and implementation of the successful Claggett Creek Mitigation Project
planting, which took place over two weekends in October. Once the plantings were completed site maintenance was an
ongoing issue over the winter months with several high water events, nutria browsing, and a severe winter storm.
Pringle Creek Watershed Council (PCWC) . The Council was awarded a grant from Salem Public Works to develop an invasive
weed education program. This project included developing new educational materials and delivering presentations. PCWC also
supported the Fairview Mitigation Wetlands research project done by Professor Susan Kephart, Willamette University. The project
was funded by Salem Public Works. Volunteers participated in related plantings at the Fairview site.
Friends of Mill Creek (FOMC) . Friends of Mill Creek members and staff provided significant input into the Salem Regional
Employment Center's project design. Since this project is located on Mill Creek wetlands and includes a portion of the 100 year
floodplain, the potential for negative consequences is evident. The current site master plan retains all mitigation and storm water
treatment activities on site. These mitigated wetlands will also serve to offset any loss of flood water storage through development
in the floodplains.
5
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An Engineer's Perspective
By Jan Kem, NRCS Basin Engineer
My two years in the Salem office have been busy, but I
have been fortunate enough to "share the load" with
Chris Smith in the Dallas office. Jorge Bugarin has also
been an asset while in Salem this summer. He has been the
principal surveyor and will be doing design into November.
Our workload is very broad, but we spend most of our time on
project definition (what, why, where), design, and construction
oversight. We work on manure ponds, small dams and dikes,
timber buildings, concrete slabs and walls, pipelines, water level
control structures, and on, yes, a lot of paperwork.
Our current list of projects for the six counties in the Lower
Willamette Basin has about 120 names on it but, fortunately, we
have learned how to work more efficiently (get all the information
before we start, use our skills cooperatively, make use of
applicable technology,
and utilize the support
from the Portland office)
and how to work with
outside parties (direct
contracts and coopera-
tive agreements).
Conservation Practices On the Ground
By Denise Troxell, NRCS Resource Conservationist
It has been a busy year with USDA conservation programs in
Marion County. Out of the 44 applications for the
Environmental Quality Incentives Program (EQIP), we were
able to fund 14 contracts totaling $973,143. These contracts
primarily involve converting irrigation systems in ground water
limited areas and areas with known threatened and endangered
fish species into more efficient systems and adopting no-till and
direct seed practices for erosion control.
Two irrigation pipelines, totaling 6210 ft, were completed. One
linear irrigation system is fully operational, and seven systems
are under construction.
Denise Tro.en, Jan Kem, Jorge Bugarin
(Not pictured Les Bachelor, Dave Johnson)
Two "Riparian Easements" were appraised on the North Santiam
River under the Wetland Reserve Program (WRP). The total
acreage to be placed into the easement will be approximately
300 acres. One WRP project is under construction, and one is
scheduled to begin shortly.
One Wildlife Habitat Incentive Program project has been com-
pleted along the North Santiam River, and two projects are cur-
rently in full construction. Hopefully a third project will be getting
underway very soon.
Approximately 22 acres of riparian forest buffer were established
this year under Farm Service Agency's Continuous Conservation
Reserve Program and/or the Conservation Reserve Enhance-
ment Program. These programs not only provide cost-share for
practice implementation, they also provide an annual payment
for 10-15 years.
We were fortunate this summer to have two excellent student
trainees in our office: Jorge Bugarin, mentioned above, and Mor-
gan Parks, Soil Conservation Technician Trainee, who worked
diligently to create planning maps in ToolKit.
Once again, Les and I would like to thank all the Marion SWCD
employees for their conservation planning and contracting
efforts. We would also like to say "Congratulations" to the Wa-
tershed Technical Specialists in completing the NRCS planning
course and becoming Certified Conservation Planners!
Annual Report
7
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Events and Workshops Continue
With many more to come
By Glenn Dolphin, Watershed Technical Specialist
Of the many activities that the Marion Soil and Water
Conservation District (SWCD) holds each year,
hosting and delivering educational workshops involves
some of the most intensive planning efforts. Several staff typi-
cally help in the various stages of organizing each event for the
general public.
As the fiscal year started in July 2003, the Marion SWCD hosted
a workshop about Agricultural Irrigation Management. On July
23rd, over 60 farmers from around Marion County traveled to
Silverton for the workshop. Various growers spoke about their
management and water conservation practices, and a profes-
sional agricultural engineer spoke about optimizing water and
energy uses, the importance of uniform water coverage, system
maintenance, and crop water use. A representative from the
Oregon Water Resources Department informed the audience
about a program for farmers to conserve water and upgrade
irrigation systems.
During the month of October, the District teamed up with the
OSU Extension Service and hosted a series of workshops en-
titled "Living on the Land". The four sessions, occurring over
the course of two weeks, covered invasive weeds, pasture
management, soils, and water quality. A total of 53 people at-
tended the series, which concluded with a half-day field trip to
view conservation projects.
Our next workshop, entitled "Gardening with Native Plants," was
held in November. The workshop, in partnership with the Native
Plant Society of Oregon (Willamette Valley Chapter) included the
following topics: the basics of native plants, native plant sources,
how to attract butterflies to your garden, and invasive species.
Gardening with Native Plants was hosted at the Salem library
and over 100 people attend!
Since the workshop in November was such a big hit, the district
decided to host another in January 2004 at Willamette Univer-
sity. Once again the Native Plant Society was a big help, along
with Willa mette's Biology Department. This workshop drew 115
people, who heard about identifying native plants, landscap-
ing with natives, restoration projects, managing weeds, and
attracting wildlife while protecting plants from pests. New for
this workshop, the Marion SWCD collected food donations as
an "entrance fee." As a result, 148 Ibs. of food and $54 were
donated to the Marion-Polk Food Share organization.
Both of the native plant workshops were ultimately geared toward
the main event, our 2nd Annual Native Plant and Tree Sale held
February 20-21, 2004. The District sold 12,000 plants, trees, and
shrubs to approximately 500 customersl The event was such a
success that a portion of the profits from the sale were put into
a college scholarship fund to be
awarded to a Marion county recipi-
ent. The success of the sale also
prompted us to find a larger, more
accommodating location for 2005.
In April, the District once again participated in the annual Earth
Day celebration at the Oregon Garden in Silverton, an event that
draws thousands of visitors to this free day into the Garden. The
District staffed an informational booth along with the Watershed
Councils and the Natural Resource Conservation Service. The
Marion SWCD also sponsored "Claudia,. a large fiberglass
fish. Claudia, designed and owned by the Rickreall Watershed
Council, allows children the opportunity to climb into her mouth,
stand up, and view paintings of environmental scenes. Claudia
was a big hit with the kidsl
As you can see, the employees of the Marion SWCD were very
busy in 2003-2004. If you haven't been to one of our workshops
or events, you might be missing out on a great educational op-
portunity. Don't worry though, others are coming very soonl
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Front: Jane Kepplnger, Carol Eddy, Robin Straughan,
Back: Diane Cheyne, Jeremy Baker, KrIstin Anderson,
Bob Roth, Monte Graham, Glenn Dolphin, Scott Eden
7
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Candidates for Director Positions
These candidates will appear on the November general election ballot for Marion County
At Large
Diane Syverson
Diane Syverson grew up in the Willamette Valley, where she
spent her summer hours as a youth picking strawberries and
processing beans and com at Stayton's cannery. She stayed
in the area to raise her children east of Salem, where they
played sports and joined 4-H.
As an adult she finished her degree in Management from Lin-
field College and worked as a Certified Public Accountant. In
2001 , she became a licensed realtor and a part-time volunteer
for the Deschutes Soil and Water Conservation District. She
maintains a second home in Bend, where she enjoys water
sports and Nordic skiing.
She would like to give back to our community by donating her
time. experience, and expertise by volunteering as a director
of the Marion Soil and Water Conservation District.
At Large
Judy McClaughry
Judy McClaughry has lived and farmed onions and other crops
in the Lake Labish area for over 40 years. She is the book-
keeper for Lake Labish Water Control District and a current
director of the Marion Soil and Water Conservation District.
She chaired the Local Advisory Committee that worked on the
Agricultural Water Quality Management Plan for the Molalla-
Pudding-French Prairie-North Santiam Subbasins. And she
is a member and past State President of Oregon Women for
Agriculture.
Judy would appreciate the opportunity to again serve as a
Director of the Marion SWCD and participate and promote
projects that help solve resource problems and improve the
management and use of Marion County's natural resources.
Zone 4
Tim Bielenberg
Tim Bielenberg was raised on his parent's farm in Scotts
Mills. He started dairying on his own in 1973 and moved to
his present location outside of Aumsville in 1974, He and his
wife, Betty, have 2 sons, Mike and Ben, and two daughters,
Jeanie and Cecilia, and one granddaughter, Maggie.
They currently farm about 435 acres and are milking about
250 Holsteins. They are members of Farmer's Cooperative
Creamery in McMinnville. Tim served on the board of the
creamery for about 6 years. Tim is also a member of Norpac
Foods and Wilco Farmers. They raise sweet corn, field corn,
grass seed and alfalfa for silage and hay. Tim has a side busi-
ness selling and repairing feed mixers.
In his spare time, Tim works with a Belgian cross horse named
Charlie, who he takes to the local parades.
Zone 1
Doug Krahmer
Doug is the co-owner of Blue Horizon Farms, Inc. based in St.
Paul. They grow blueberries, blackcaps, cut flowers, wheat,
clover, hazelnuts, and flower seed.
He has represented Zone 1 on the Marion SWCD board of
directors since 2000. He is also active in Marion County Farm
Bureau as a board member and in Oregon Farm Bureau as a
Labor Advisory Committee member. Recently, he was nomi-
nated to represent the Lower Willamette Valley on the Oregon
Soil and Water Conservation Commission.
Doug has been married to Patti for almost 25 years, and they
have four children, high school-aged through college.
At Large
Lawrence Pohl
Lawrence Pohl became interested in the Marion SWCD after visiting the district booth at the Marion County Fair. He was im-
pressed with the range of activities that the District was involved with in Marion County.
Lawrence is very interested in environmental protection. He took courses in environmental science as part of his General Science
Bachelor's degree, which he received from Portland State University in 1987.
Lawrence will bring the perspective of the urban resident to the board. He is interested in promoting incentives to reduce pollution
run-off into the environment. He also strongly advocates for continuing the District's efforts in eradicating non-native and noxious
weeds from our region through increased public awareness and ways of better utilizing existing natural and financial resources.
Lawrence works for the Oregon Department of Revenue as an Office Assistant and has a strong customer service background.
Annual Report
9
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2003-2004 Accomplishments
Education and Outreach
. 15 displays set up
. 8 new fact sheets/brochures developed
. 28 outreach/informative mailings completed
. 4 newsletters sent to over 1300 addresses
. 1731 phone calls received
. 54 presentations given
. 2 tours held, attended by 50 people
. 494 walk-ins assisted
. 7 workshops held, attended by 328 people
. 1 new logo designed
. Oregon Envirothon 2004,14 teams attended, 13 advisors, 31 volunteers
. 18,000 visits to the website
. 8 classroom presentationslinteractions
. 2 miles of river/road cleaned, 1 Yo tons of garbage collected
Technical Assistance
. 44 Conservation Plans completed or in progress
. 8 Field surveys completed
. $30,000 in Landowner Assistance Program (LAP) funds dispersed
. 16 grants assisted/submitted
. 11 LAP applications received/processed
. 12 Oregon Watershed Enhancement Board grants received/processed
. 139 site visits performed
. 12 water quality sampling sites, 141 samples taken
. 4 water quantity sampling sites (flow monitoring), levels recorded hourly
. 3 weather stations upgraded
. 20 acres converted to micro-irrigation
. 3,400 ft. of fencing installed
.10,645 square ft. of heavy use area protection installed
. 550 ft. of hedgerow planted
. 9 noxious weed removals/native plantings performed
. 2070 ft. of riparian area planted
Other Activities
. 53 conferences/trainings attended by staff
. 2nd Annual Native Plant and Tree Sale, 12,000 plants sold, 500 customers
served
. 4 Watershed Technical Specialists completed the NRCS Conservation
Planning Course
. 76 Watershed Council meetings attended
. 223 volunteers at projects. with 830 volunteer hours
. 4 Cascade Pacific RC & 0 meetings attended
. 1 partnership developed between Marion, Polk, and Yamhill on noxious
weed management
. 2 Claggett Creek Watershed Council town hall meetings
. 1 partnership developed with Marion County on stormwater management
. 2 food drives performed for the Marion-Polk Food Share, 364 lbs.
gathered and $54 donated
Administrative
. 12 regular board meetings held
. 10 policies adopted relating to personnel and operations
. 12 staff meetings held
. 5 grants totaling $268,000 received/processed
. $1,000 budgeted for 1 college scholarship
. Work plan updated/approved
. Business plan updated/approved
. 2004-2005 budget completed/approved
Financial Report*
July 1, 2003 thru June 30, 2004
General Fund-Beginning Balance as of 07/01/03
Resources for General Fund (Revenue)
Marion County Taxes
Income from Other Agencies
Prior Years' Taxes
Interest Income
Other Income:
Reimbursements/ Rental Income/Donations
Total Resources - General Fund
Requirements for General Fund (Expenses)
Personal Services
Materials & Services
Capital Outlay
Transfer to Special Funds
Contingencies
Total General Fund Requirements
General Fund-Ending Balance as of 06/30/04
$275,161.87
$620,399.85
$ 21,660.00
$ 23,917.48
$ 8,213.54
$ 6 825 00
$681,015.87
$345,877.16
$117,268.60
$ 10,438.90
$212,000.00
$ 000
$685,584.66
5270.593.08
Resources for Special Funds (Revenue)
All Special Funds-Beginning Balance as of 07/01/03
$229,337.26
ODA Grant Funds
Building Reserve Fund
Vehicle Reserve Fund
Special Education Projects-Board Sponsored
BPA Riparian Grant (Did not receive grant)
Greater Salem Watershed Coordinator/Council
Pudding River Watershed Coordinator/Council
Claggett Creek Watershed Coordinator/Council
319 Dairy Percision Agriculture
Pringle Creek Watershed Coordinator/Council
North Santiam Watershed Coordinator/Council
Total Special Fund Resources
Requirements for All Special Funds (Expenses)
Personal Services
Materials and Services
Total Requirements Special Funds
All Special Funds-Ending Balance as of 06/30/04
Beginning Balance-All Funds as of 07/01/03
Ending Balance.AII Funds as of 06/30/04
$ 52,346.00
$100,000.00
$ 15,000.00
$ 96,093.34
$ 0.00
$ 97,513.00
$ 67,750,00
$ 0.00
$ 0.00
$ 0.00
S 000
$428,702.34
$ 63,617,09
$124624.95
$188,242.04
S469.797.58
$505,499.13
$740,390.64
*The Auditors have not yet completed a final
audit of all District funds. The final audit report
will be available after December 1, 2004 at the
Marion SWCD Office in Salem.
10
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2004 Marion Soil and Water Conservation District Board of Directors
Ryan Bishop Ralph Fisher Dan Goffin Myron Harper Doug. Krahmer Judy McClaughry
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. Claggett Creek Watershed Council. 6-8 pm, 4th
Tues. each month, Keizer City Hall. Contact Bob Roth
503-566-4034 for agenda items
. Marlon SWCD ao.rd Meeting. 7-10 pm, 1st Wed.
each month, Marlon'SWCD OffIce, 3867 Wolverine
Sl NE #116, Salem- Pubawelcome to attend
. Friends of Mill Creek- 6.9 pm, 2nd Mon. each
month. Contact Bob Roth 503-566-4034 for location
and agenda Items
. North Santlam Watershed Council- 7-9 pm, 2nd
Thurs. each month, Stayton Community Center, 400
Virginia Ave. Contact Liz Redon 503.930-8202 for
agenda items
. Pringle Creek Watershed Council. 6:30-8 pm, 2nd
Tues. each month, leslie Middle School Library, 3850
Pringle Rd. SE, Salem. Contact Bob Roth 503-566.
4034 for agenda Items
. Pudding River Watershed Council- 7-9 pm, 4th
Thurs. each month, Sllverton Library, 421 S. Water Sl
Contact Scott Eden 503.566-5918 for agenda items
Laura Tesler
The mission of the Marion Soil and
Water Conservation District is to
protect, conserve and improve the
quality of soil and water in Marlon
County through planning, technical
assistance and education.
The Marion Soil and Water Conservation District is working
for youl What can we help you with today?
V Understanding SB 1010
v' Riparian area enhancement
.j Conservation education
..; Wildlife habitat development
v' Livestock and cropland management
v' Technical & financial assistance
v' Conservation planning
v' USDA conservation programs
v' Understanding native plants
The Marion SWCD is an equal opportunity employer, providing services to the public without
regard to race, color, national origin, gender, religion, age, disability, political beliefs, sexual
orientation and marital or family status.
TT
555 Liberty St. SE / Room 220
6B
Fax (503) 588-6354
September 15, 2004
John Brown, City Manager
270 Montgomery St
Woodburn, OR 97071
Dear John:
On behalf of the League of Oregon Cities, the City of Salem invites you to participate in the first
annual City Hall Day. The event is designed to give city officials, legislators and candidates the
opportunity to meet one-on-one about issues of vital importance to cities. The event will take place
Thursday, October 14, noon, at Pringle Community Hall. Other city officials, legislators and
candidates in your senate district and encompassing house districts are invited to participate.
Members of the press and the public are also invited to attend.
Effective advocacy begins at home with you. As a city official you are battling on the front lines every
day talking with citizens and addressing their concerns. You know better than anyone what issues
impact your community. PartiCipating in City Hall Day on October 14 may be the single most
important opportunity you have to share your city perspective with key leaders that will be making
decisions in the 2005 legislative session. To continue building Hometown Voices, our new grassroots
advocacy program, the League is asking you to be a voice for your city.
Your ability to deliver the city perspective to lawmakers is the most effective advocacy tool we have
to ensure our cities remain competitive and viable. Our strength is in our numbers and City Hall
Day serves as a forum to demonstrate that strength.
Lay the foundation for success on city issues by participating in City Hall Day. Please contact us by
October 1 at (503) 588-6255, as to your availability. The cost of this luncheon is $10.00 per person.
As the event draws near you will receive additional information on the city issues that will be
discussed on City Hall Day, although additional issues of local importance may be raised.
We look forward to seeing you on October 14!
Janet Taylor
Mayor
Sincerely,
Lca~e of Ot-cg01'1. Cities
.:. AN EQUAL OPPORTUNITY EMPLOYER .>
12
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COUNCIL MEETING MINUTES
SEPTEMBER 27, 2004
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000 1 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 27,2004.
CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding.
0005 ROLL CALL.
Mayor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Figley
Bjelland
Cox
Lonergan
McCallum
Nichols
Sifuentez
Present
Present
Present
Present
Present
Present
Present
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director
Tiwari, Police Chief Russell, Public Works Manager Rohman, Community Development
Director Mulder, Park & Recreation Director Westrick, Asst. City Engineer Torgeson,
Recorder Tennant
0056 ANNOUNCEMENTS.
A) Fall Cleanup will be held on Saturday, October 9, 2004 and volunteers participating
in the city-wide cleanup effort will meet at Woodburn High School in the front entrance
parking lot at 8:30 a.m..
B) Woodburn Fire Department Open House / Safety Fair will be held on October 9,
2004 from 11:00 a.m. until 3:00 p.m..
C) Women's Health Fair will be conducted by Wal-Mart on October 8, 2004 from
11 :00 a.m. unti14:00 p.m. at their store (3002 Stacy Allison Way).
D) Public Works Week will be observed October 11 - 15,2004.
E) Public Hearing will be held before the City Council on October 11,2004 at 7:00 p.m.
to consider the annexation and zone change of property located at 515 Settlemier
A venue.
0115 APPOINTMENT: RECREATION AND PARKS BOARD.
Mayor Figley appointed Brad Hutchison to the Recreation Board and Parks Board,
Position I, with his term to expire on December 31, 2004. She introduced Mr. Hutchison
to the Council.
NICHOLS/MCCALLUM... approve the appointment of Brad Hutchison to Position I on
the Recreation and Parks Board. The motion passed unanimously.
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0158 PROCLAMATION: PUBLIC WORKS WEEK.
Mayor Figley proclaimed October 11 - 15,2004 as Public Works Week 2004 in
Woodburn. She urged residents to acquaint themselves with the City's Public Works
services and to recognize public works employees for their work in providing quality
facilities and services to our community.
0256 PROCLAMATION: DISABILITY EMPLOYMENT AWARENESS MONTH.
Mayor Figley proclaimed the month of October 2004 as Disability Employment
Awareness Month and urged citizens to learn about individuals with disabilities, their
strengths, abilities, and programs that serve their needs.
0308 PROCLAMATION: WOODBURN FALL CLEANUP MONTH - OCTOBER 2004.
Mayor Figley proclaimed the month of October 2004 as Woodburn Fall Cleanup Month
within the City and she urged all citizens to recognize that livability begins at their own
residences and to work with friends and neighbors to make Woodburn a beautiful place
to live, and to take pride in our City by participating in the City-wide cleanup effort on
October 9,2004.
0378 PROCLAMATION: HONORING ROBERTO FRANCO.
Mayor Figley stated that Roberto Franco has taken a position with the State of Oregon in
a job similar to the one that he held as Executive Director for Farmworker Housing
Development Corporation. Mr. Franco will be honored at a going away party, and a
welcome for his successor, on October 7,2004. She is making a proclamation in his
honor to publicly thank him for his contribution to the community in providing the
leadership in building and promoting decent and affordable housing for farmworkers and
their families.
0610 PRESENTATION: FRIENDS OF THE WOODBURN PUBLIC LIBRARY-
REPORT ON MUSIC IN THE PARK.
Library Director Sprauer introduced the following officers of the Friends of the Library
who were in attendance at this meeting: Mabel Kewley, President; Gene Kemp, Vice
President; Sandy Kinney, Secretary; and Neil Hawes, Treasurer. She stated that Music in
the Park is sponsored by the Friends of the Library along with a number of community
sponsors. Once again, it was a very successful year for this program with total
attendance of 4,630 in nine weeks and the largest attendance for a single performance
was approximately 650. It was noted that there were at least three performances with
over 600 individuals in attendance.
Library staff member Sandy Kinney presented a limited edition art print to the City
which was commissioned by the Friends of the Library and sold as a fundraiser for Music
in the Park performances.
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Director Sprauer stated that the Friends of the Library organization is a non-profit
organization and they do a number fundraisers during the year with donations being
given back to our Library. In appreciation for all of the work done by Sandy Kinney on
this program, the Library and the Friends of the Library presented her with a Certificate
of Appreciation and a bouquet of roses.
0900 PRESENTATION: NEW PERMIT REOUIREMENTS FOR WASTEWATER
POLLUTION DISCHARGE.
Public Works Director Tiwari stated that regulations are changing for wastewater
pollution discharge and upgrades will be made at the treatment plant in order to meet
permit requirements as those requirements are established by the Department of
Environmental Quality (DEQ) and Environmental Protection Agency (EPA). The Clean
Water Act of 1973 continues to impose revised regulations and the City's wastewater
treatment facility has been upgraded over the years to meet those regulations. Our most
current upgrade was in the year 2000 (Phase I) and planning is in process for Phase II in
the year 2009 or 2010. Regulation changes require the City to move forward with
upgrades at this time and this presentation will provide the Council with a status report
on this issue.
Asst. Wastewater Superintendent Stultz stated that the current permit expired in February
2003 and the City has been operating under an extension until a permit is finalized or
terminated. A draft permit was received in September 2004 from DEQ offering the City
an opportunity to review the draft permit before negotiations begin on the issue. DEQ's
time schedule indicates completion of the negotiations and public comment received by
November 2004 with renewal by January 2005. Under the current permit requirements,
the City records river flows and temperatures twice a week while the new permit would
require the City to record the river flows daily. There will also be extensive metals
testing on the river to have a comparison between background which is natural versus
other causes in the receiving stream in comparison to the effluent. This information will
also check on primary pollutants that could be discharged to the river. The mixing zone
is another area in which the current permit requirements will be substantially changed.
Currently, the City is allowed to use 100% of the river's cross section to mix with the
river whereas the new permit requirements will only allow 25%. This decrease in the
mixing zone would allow for fish passage through the City's outfall. An RFP is currently
out for a mixing zone study to assist staff in the more technical nature of this issue. In
regards to wintertime ammonia limits, there are no limits for the winter months because
of the dilution in the stream, however, the new wintertime limits will consist of9.5 parts
per billion daily maximum and a 4.2 month average. Current effluent testing requires
temperature of the river to be taken 3 times a week and whole effluent toxicity testing
once during the 5-year permit cycle. This particular test involves mixing of effluent to
different concentrations and tests ran to see if different life stages of certain algae, fish,
etc, can survive in the City's effluent. The new permit would require continuous
temperature monitoring and whole effluent toxicity testing. Laboratory testing
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procedures will involve multiple gloves, breathing apparatuses, etc. since it will be
necessary to test to parts per billion rather than parts per million. Temperature is a major
issue to be addressed by the City since the new permit would require a maximum
discharge temperature of 64.90 F. The City does not have a wintertime limit since the
water is cool enough so that the discharge temperature is not of a concern. The new
permit will include a compliance schedule to meet the temperature standard. He stated
that temperature reduction is the most expensive requirement to meet and natural
reduction of temperature is the most cost effective. This would include, but not limited
to, the construction of wetlands, storage lagoons, and expansion of the poplar plantation.
Director Tiwari stated that temperature is a pollutant to aquatic life which has been
brought to the forefront and must now be addressed by the City. Staffwill continue to
negotiate with DEQ to obtain permit requirements that can be achieved in a reasonable
period of time. He also noted that the City has not had a sewer rate change since 1995
but the City may need to look at a rate change in 2009 or 2010.
2048 PRESENTATION: SIGN ORDINANCE ENFORCEMENT STATUS REPORT.
Community Development Director stated that the Sign ordinance became effective July
1,2004 and, as provided for within the current year's budget, an Associate Planner was
hired to specifically enforce the new sign ordinance. The new Planner has been actively
enforcing the new ordinance for approximately two months. The areas in which the
Planner is concentrating her efforts are (1) removal of temporary signs in the public right-
of-way, (2) bring temporary signs on private property into conformance, and (3) conduct
inventory work relating to legality of existing signs and to bring illegal permanent signs
into conformance. To date, over 200 temporary signs have been removed from the public
right of way in addition to contact with property and business owners to voluntarily
remove their signs. The inventory work related to bringing illegal permanent signs into
conformance is more time consuming since, in many cases, existing City records are
incomplete or provide insufficient information. Staff will come back to the Council for
additional discussion once the evaluation is completed.
Councilor McCallum questioned if the Code Enforcement Officers are trained in code
compliance.
Chief Russell stated that the Police Department has had an on-going discussion with
Community Development on Code Enforcement's role in enforcing the ordinance. The
officers understand the temporary signs in the public right-of-way issues more so than the
more complicated sign issues such as bringing existing signs into conformance. The
officers do have the tools necessary to successfully get a case through the court system if
it should go that far.
Councilor Cox stated that staff presented a comprehensive report in the agenda packet
and he appreciated receiving the information.
2556 PRESENTATION: MAYOR'S GOLF TOURNAMENT REPORT.
Richard Jennings, 595 Filbert St., stated that the 4th Annual Mayor's Golf Tournament
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was a successful event this year and proceeds are given back to community programs. A
couple of years ago the organizers decided to donate the proceeds to the Teen Scene
Program since it benefits middle-school to high-school age students. Other members of
the organizing committee include Dick Hammond (Chair), Charlie Piper, Don Judson,
Dave and Craig Christoff. The tournament was moved two years ago from Tukwila to
Senior Estates Golf & Country Club and their golf pro, Jim White, has done an excellent
job in making sure that their tournament is successful. He presented Parks & Recreation
Director Westrick with a check in the amount of$l,OOO.OO for use in the Teen Scene
Program.
2794 CHAMBER OF COMMERCE REPORT.
Niki DeBuse, representing the Chamber Board, expressed the Chamber's appreciation to
the public for their support of their annual auction. Upcoming events include:
1) Chamber Forum Luncheon - October 20,2004, 12:00 noon, at the Tukwila Medical
Center with Congressworman Darlene Hooley as the guest speaker.
2) Greeter's Program - October 1,2004, 7:30 a.m., at North Willamette Valley Mortgage
Company located at the corner of Highway 214 and Settlemier Avenue.
3) Crystal Apple Awards - November 12,2004 at the Holiday Inn in Wilsonville.
Nominations are being accepted from the community and a Chamber appointed selection
committee will select the recipients for this year's awards. Winners will receive a
Crystal Apple Award in recognition of their contribution to their schools.
4) Festival of Lights holiday lighting contest will be co-sponsored with the Woodburn
Kiwanis Clubs and entry details will be available in mid-November.
5) Annual Retreat of the Chamber Board of Directors will be held in November and
community input is being sought in preparation for this retreat.
3075 Richard Jennings, 595 Filbert, stated that he has a problem with the School Zone speed
since he goes the 20 MPH speed but he has encountered numerous motorists who ignore
the speed limit. He suggested that the Police Department work on a community
education program to remind motorists of the reduced speed limit in a school zone in
addition to increased traffic enforcement in those areas.
3250 Pravel Patel, Best Western Hotel owner, stated that he had purchased the property three
(3) years ago and, while trying to evaluate costs, was told that the water and sewer bill is
based on the amount of water used. He purchased a new meter to insure correct water
flow readings and, when the sewer bill did not change, was told that the sewer bill was
not calculated on the water usage. He stated that he owns an 80-room hotel that has a
regular occupancy rate of about 40-rooms. He questioned why hotel/motels should be
charged for full rate based on number of toilets rather than on actual use. He also
expressed his displeasure in the City's unwillingness during the roadway construction
period to help the businesses near the 1-5 interchange by installing signs that businesses
were open to the north and directing motorists to Evergreen Road as an access to their
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business. Additionally, the roadway from Evergreen west towards the freeway accesses
Wendy's, Denny's and the Best Western. However, the roadway is not that wide and
when there is a car waiting in that street to access the Wendy's Drive-In window, there is
insufficient room for motorists to drive in opposite directions. He questioned when the
City will be widening the roadway to accommodate the traffic flow to the businesses. He
also requested that the signs be replaced that would direct motorists to the businesses that
have the access road to the north.
Mayor Figley stated that both questions are fairly complex and staff is willing to continue
the conversation with him to address his concerns. She requested that he put his
questions and concerns in writing so that he can get the thorough answer he deserves.
3518 Robert Hayes, 612 N. Cascade Sp 76, stated that he is concern about young kids riding
their bicycles with no helmets and, in the evening hours, bicyclists will ride with no
lights. He questioned why there is a state law on the books requiring helmets when the
police department does not enforce the law.
Chief Russell stated that the City still has a helmet program and there are a limited
number of helmets that can be provided to children who do not have one. The Police
Department is waiting for some additional grant funds to help with this program. If the
child is under the age of 16, the parent is responsible and would be the recipient of a
citation if one is issued otherwise the youth is cited into juvenile court. Once the traffic
unit is up and running, the Police Department will assign motor officers to work an area
that has particular concerns.
Councilor Nichols expressed his appreciation to the Police Department for their traffic
enforcement work in the West Woodburn area since it has made a big difference in their
area.
3940 CONSENT AGENDA.
A) approve the regular and executive session Council minutes of September 13, 2004;
B) accept the Library Board minutes of September 8, 2004;
C) accept the Recreation and Parks Board minutes of September 14,2004;
D) accept the Claims for August 2004;
E) accept the Police Department Statistics Report for July 2004;
F) accept the Aquatic Center Revenue Comparison report;
G) accept the report on the feasibility application for the Development of Ray and Joan
Kroc Corps Community Center;
H) receive the informational report on fall Leaf Collection Program; and
I) receive information on Ballot Measure 37.
Mayor Figley requested staff to provide a brief summary of this year's Leaf Collection
Program.
Public Works Manager Rohman stated that this year's program will be similar to what
was done last year. There will be two (2) weekly sweepings of the downtown area,
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Settlemier Avenue, and West Hayes bike path and residents are allowed to rake leaves
that are in the public right-of-way into the street for pick-up. Leaves on the property
owner's property are not to be raked into the street. It was noted that residents living
adjacent to Settlemier Park are allowed to rake the leaves from their backyard into the
street for pickup, and leaves that drop in a property owner's front yard from public right-
of-way trees can also be raked into the street for pick-up. Residents can also take their
leaves to collection sites at Burlingham Park, Senior Estates Park, Cleveland Street
Public Works yard, and Legion Park. A flyer will be distributed with all water bills
during the month of October to remind homeowners of the Leaf Collection Program.
4432 Mayor Figley stated that it had recently come to the City's attention that the Ray and
Joan Kroc Corps Community Center preliminary application for the first-round of review
are being taken locally and the committee feels that they should go through the
preliminary step to allow the Salvation Army to determine if Wood bum might be a good
fit and provide the committee with an opportunity to educate themselves about the
program to see if this program would be a good fit for our community. If this program
looks promising, the committee will meet with the Park Board and City Council before a
final application is submitted.
Councilor Bjelland stated that he has visited the Joan Kroc Community Center in San
Diego and it is a fabulous facility with multiple buildings and extensive programs for all
ages.
Councilor Cox questioned if the Council has ever taken a position on a ballot measure
and, if so, he suggested that the Council take a position on Ballot Measure 37.
Mayor Figley stated that if the Council were to take a position, it is necessary to preserve
the integrity and ethical obligations of City employees. Therefore, she requested
Councilor Cox to write down the motion and/or any materials for Council consideration
since the Council can do as they wish from the bench but City employees cannot take a
political position. She agreed that there are some problems with the land use laws and
some improvements could be made to local planning and zoning but, as far as she is
concerned, having the general public pay millions of dollars to compensate people for
imagined slights is just horrible.
Councilor Cox stated that he would be glad to undertake this project for presentation at
the next meeting.
It was the consensus of the Council that there is a need to be cautious on the number of
political positions that are taken by the Council but, in this case, they agreed that it would
be prudent for them to take a stand on this measure.
Administrator Brown requested that Councilor Cox make adequate copies of the
document he prepares for distribution to the Mayor and Council since the City should not
be paying for duplicating costs in including this in the agenda packet.
NICHOLS/MCCALLUM... adopt the consent agenda as presented. The motion passed
unanimously.
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4918 PUBLIC HEARING: CONTINUATION OF NORTHWEST NATURAL GAS
COMPANY FRANCHISE HEARING.
Mayor Figley called for the continuation of the public hearing at 8: 12 p.m..
BJELLAND/NICHOLS... continue the public hearing to the Council's regular meeting
of October 25,2004 at 7:00 p.m.. The motion passed unanimously.
5000 PUBLIC HEARING: APPEAL OF VARIANCE CASE FILE NO. 04-10 (2875
NEWBERG HIGHWAY).
Mayor Figley declared the public hearing open at 8:13 p.m..
Mayor Figley stated that she has driven by the business and sign in question for many
years on an almost daily basis but that will not affect her decision.
All of the Councilors declared that they are familiar with the business and sign location.
Recorder Tennant read the land use statement required under ORS Chapter 197.
Director Mulder reviewed the Planning Commission's final order which would deny the
request for a variance from Donald Kelley, applicant, and WESMAR Land Company,
property owner, to increase their sign height from 35 foot maximum to 41.5 feet
maximum and to increase the 75 sq. foot maximum sign area to 140.4 sq. feet at their
business located at 2875 Newberg Highway. He stated that the applicant filed an appeal
to the Commission's final order and, as a de novo hearing, new evidence and testimony
can be presented by any party. Director Mulder stated that the subject property is zoned
as General Commercial (CG) and Wendy's Restaurant occupies the subject site. The
applicant owned a 41.5 foot high pole sign that was located on the north edge of Newberg
Highway which had been installed prior to the adoption of the previous Woodburn Sign
Ordinance. ODOT condemned a portion of the subject site to allow for the widening of
Newberg Highway and, as a result, removed the Wendy's sign. The property will be
compensated for the property taken as part of the condemnation proceeding which
includes the sign that was removed. The sign ordinance in effect prior to July 1, 2004,
allowed for a freestanding sign up to 35 feet in height and a maximum area of75 sq. feet.
It was noted that on the same day that the applicant filed the variance, the applicant filed
a separate sign permit application for a new Wendy's sign which is 15'10" high and an
area of 54 sq. feet. The sign permit for the smaller sign was approved on June 28, 2004
and has been recently installed. He reviewed the Planning Commission's findings on this
variance application which are included in the Commission's final order and included in
the Council agenda materials.
Tape 2
Councilor Cox questioned if the 120-day rule is a factor on this application.
Director Mulder stated that it is applicable and the time period will expire on October 15,
2004.
Councilor Cox stated that he had heard that WESMAR Land Company had sold this
property and, if so, does WESMAR have standing to pursue this appeal.
Attorney Shields stated that he did not know if there was a change in property owners
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and suggested that the applicant answer this question.
Councilor Cox also questioned if the smaller sign would be removed if the variance is
granted since the ordinance only allows for one (1) freestanding sign per premise.
0186 Don Kelley, attorney representing WESMAR Land Company, stated that he had not
heard of any sale of the property by WESMAR Land Company or that they are even in
the process of selling the property. With regard to the 120-day rule, they would willing
to extend the 120-day period as necessary to allow the Council time to deliberate or
further investigate this application. He stated that staff has prepared a good report and,
on the practical side, he expressed his opinion that the decision to deny the variance was
unfair since the widening of the roadway created a hardship on the business by not only
taking land for the road improvement but removed the sign that had been of the same
height that is being requested on the variance. He also included, for the record, a legal
memo he had prepared on vested rights expressing his opinion that his client's sign was
removed by ODOT therefore the action was not voluntary on the part of his client. In
regards to just compensation, he stated that his client will be paid for the sign but the
vested right to have the same sign is not the same thing and the impact is the ability to
use that is being lost by his client. For the record, he also requested that the Planning
Commission record be included in this hearing record in whole.
Attorney Shields stated that the entire Planning Commission record is before the Council.
Attorney Kelley stated that the record includes three affidavits in the file that provide
answers to a number of questions that staff has stated were not answered - (1) a traffic
engineer's report, (2) a sign expert's report, and (3) a restaurant operator's report. He
mentioned that Mr. Schaffer's report cites that there could be a traffic danger associated
with a smaller sign. He argued that a public policy should be established that would
allow property owners to replace the sign that was removed at the same height and size
when government action required the removal of the original sign. In regards to the
15' 1 0" sign now in place, he stated that he would argue that the application granted by
City staff was for a 35 foot sign. The application was not well worded or completed but
the property owner had talked about a 35 foot sign with Senior Planner Zwerdling. Her
report refers to a this height of a sign but the illustration attached to the application
showed a 15 foot high sign. He felt it was wrong to hold the applicant responsible for
this hardship when they would not have done anything regarding the sign if the property
had not been condemned. He stated that there are signs around this property that are
taller than the sign height proposed in the variance. He agreed that the City does have a
problem with sign clutter but that should be done in an orderly way to beautify the City.
He expressed his opinion that failure to grant this variance would unduly penalize a
property owner because they were required to give up land. He urged the Council to
approve the variance so that they can keep the same sign that they had before the
property was taken as part of the condemnation proceeding.
0960 Councilor Nichols questioned if the 15 foot sign has been installed rather than the 35 foot
sign that was discussed but not granted by staff.
Attorney Kelley stated that he has not seen the 15 foot sign but understands that it has
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been installed. He also stated that the 15 foot sign was ordered as a stop gap measure so
a sign would be at the facility, however, they are requesting a variance for the 41.5 foot
sign which was at the location previously. They have asked the staff to give them an
opportunity to bring the issue before the Council that addresses the staffs decision to
grant only a 15 foot sign rather than a 35 foot sign. To date, staff has not responded to
give them an opportunity to come before the Council. He will be asking to have that
brought back to the Council but did not feel that it should be done until the variance
application is taken care of. This whole issue came to the forefront when his client's
representative came to the City for a construction permit for a 35 foot tall sign but was
told that it could only be 15 foot based on the illustration attached to the application. It is
his understanding that there is no appeal process on the sign permit issued by staff.
City Attorney Shields stated that this issue is not part of the variance and will need to be
addressed separately at a different time even though this issue does have some relevance
since it is mentioned in the report.
No one in the audience spoke either for or against the application.
Attorney Kelley noted for the record that not one citizen has appeared to object to this
variance application nor have they written a letter objecting to the sign height.
Mayor Figley declared the public hearing closed at 8:53 p.m..
Councilor Cox stated that the issue before the Council relates to the variance on the
height of the sign and, as an individual who has tried a number of condemnation cases,
the major of damages in a condemnation case is the value of the property taken plus the
damage to the remainder of the property caused by the taking. In this case, the fact that
they do not have access directly onto the highway will be an element of compensation
and, as a result, the arguments regarding the impairment of the profitability and value of
their business will be taken care of monetarily.
1462 Mayor Figley stated that the sign ordinance was updated to improve the looks of the east
side of the interchange area along with other areas of the City. This ordinance involved a
lot of public input and, over time, changes in the roadway by ODOT would reduce the
clutter of signs in that commercial area. She was hesitant in making an exception to the
new ordinance requirements. Additionally. the Wendy's business itself has a large sign
displayed on their building identifying their business whether a freestanding sign is
installed or not.
Councilor McCallum concurred with the remarks made by Mayor Figley and felt that
Wendy's has an advantage over other businesses in that area since they have ODOT signs
on 1-5 which brings motorists into Woodburn looking for their restaurant. As a patron of
Wendy's, he is aware that the construction did have a lot of trials and tribulations but the
crowds were still there when he would patronize the business.
NICHOLS/MCCALLUM.... variance be denied and the staff be directed to draft an
ordinance with findings to support the decision. On roll call vote, the motion passed
unanimously.
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1712 CITY ADMINISTRATOR EMPLOYMENT AGREEMENT.
COX/BJELLAND... authorize the Mayor to execute the new employment agreement to
be extended to the City Administrator as purported in the agenda materials. The motion
passed unanimously.
1780 COUNCIL BILL NO. 2530 - ORDINANCE AMENDING ORDINANCE NO. 2133.
NORTHWEST NATURAL GAS COMPANY FRANCHISE. TO EXTEND
ORDINANCE TO NOVEMBER 15. 2004.
Councilor Sifuentez introduced Council Bill 2530. The two readings of the bill were
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 2530
duly passed with the emergency clause.
1860 COUNCIL BILL NO. 2531 - RESOLUTION ESTABLISHING NON-UNION
EMPLOYEE COMPENSATION.
Council Bill 2531 was introduced by Councilor Sifuentez. 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 2531
duly passed.
1920 COUNCIL BILL NO. 2532 - RESOLUTION DIRECTING THAT STOP SIGNS BE
INSTALLED ON MERIDIAN COURT AND MERIDIAN DRIVE AT THE
INTERSECTION OF HAZELNUT DRIVE.
Council Bill No. 2532 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 2532 duly passed.
1977 COUNCIL BILL NO. 2533 - RESOLUTION DIRECTING THAT STOP SIGNS BE
INST ALLED ON COZY WAY. NORTH COURT. AND MAPLEWOOD COURT
WHERE THEY INTERSECT WITH WEST LINCOLN STREET.
Councilor Sifuentez introduced Council Bill 2533. 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 2533 duly
passed.
Councilor Cox stated that about 1 Y:z years ago he had suggested that stop signs would be
appropriate on the intersecting streets that tee into Astor Way but was told at that time
that the traffic volume was not sufficient to warrant stop signs. He still feels that it is a
dangerous situation and the recently adopted Council Bills would indicate that traffic
counts are not important but it is based on minor streets intersecting with important
streets. If that is the criteria, then the City should be doing the same thing on Astor Way.
2121 LIOUOR LICENSE CHANGE OF OWNERSHIP: EL ARMADILLO LOCO (550
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NORTH FIRST STREET)'
A change of ownership liquor license application was submitted by Arturo Sanchez
DBA: El Armadillo Loco for a limited on premise sales license.
COXIBJELLAND... recommend to OLCC that the ownership change be approved.
Councilor McCallum questioned if private parties are excluded from this license.
Chief Russell stated that dancing is not allowed under the compliance plan Mr. Sanchez
signed with the City and the limitation is acoustic versus amplified sound.
On roll call vote, the motion passed 5-1 with Councilor Nichols voting nay.
2268 CONSULTANT SELECTION FOR WASTEWATER TREATMENT PLANT
OUTFALL MIXING ZONE STUDY.
Staff received proposals from CH2H Hill, Inc., Kennedy/Jenks Consultants, and Vigil
Agrims Inc. for a mixing zone study to update the City's local discharge limits
calculations and heavy metal water quality requirements. Following review of the
proposals, staff recommends the acceptance of the proposal from Vigil Agrims Inc..
BJELLAND/SIFUENTEZ... authorize the City Administrator to sign a professional
services agreement with Vigil Agrims Inc. to perform the Wastewater Treatment Plant
Outfall Mixing Zone Study.
Councilor Cox stated that this was not a fixed price contract and there is only $50,000
budgeted for this study.
COX/NICHOLS.... amend the motion to add that the total services payable under the
contract would not exceed the budgeted amount of $50,000 without further Council
authorization. The motion to amend passed unanimously.
The motion as amended passed unanimously.
2423 CITY ADMINISTRATOR'S REPORT.
1) Woodburn Development Ordinance Update:
Administrator Brown stated that the update has been divided into two sections with one
section being fairly minor items of general nature while the other section includes items
that have policy choices and will require some Measure 56 notice involving notification
of potentially affected property owners. Staff will be scheduling some public hearings
before the Planning Commission and Council to discuss and approve any amendments.
Prior to the hearings, staff would like follow a similar procedure used when the ordinance
was originally developed by working with a Focus Group to review changes. The
previous Focus Group was comprised ofthe Council President, Planning Commission
Chair, and a representative from the Real Estate/Building industry.
It was the consensus of the Council to proceed with the Focus Group concept and
Councilor Cox agreed to serve as the Council representative.
2) World War II Airplane:
Administrator Brown stated that the City has a World War II vintage trainer plane that
has been housed at MacLaren since the 1970's. It is inaccessible to the public at the
school and the practical problem he is faced with annually is that the federal government
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military office contacts the City to complete forms on how the City is maintaining the
plane. A couple of years ago he began to look for ways to transfer the ownership of the
plane to an agency other than the City. He has been contacted by the City of Baker City
who is interested in taking over the plane from the City and, unless the Council objects,
he will assist them in disassembling the plane and moving it to Baker City.
3) Executive Search for Chamber Executive Director:
Administrator Brown stated that he is on the Executive Search Committee and there were
14 applications received for the position. The Committee will be meeting on Wednesday
to discuss which applicants will be contacted for an interview in October.
2948 MA YOR AND COUNCIL REPORTS.
Councilor Nichols stated that he was concerned about the Letters to the Editor in
Woodburn Independent regarding the condition of sidewalks within the City. He
questioned why the City is not keeping the sidewalks in good repair throughout the
community.
Director Tiwari stated that the sidewalk ordinance requires property owners to maintain
the sidewalks on their property. The City does give notice to property owners when staff
hears of a hazardous condition and the owners can apply for up to a $500 subsidy
towards the repairs.
Councilor McCallum invited the public to join the Livability Task Force on October 9th,
8: 15 am at the Woodburn High School, to cleanup litter along City streets. The Fire
Department is also holding an Open House on October 9th at the newly remodeled main
fire station on Newberg Highway. He also stated that the Fire Department has hired Paul
Iverson as the new Fire Marshall.
Councilor McCallum also questioned if ODOT had responded back to the City on the
Highway 99E median and Park A venue issues.
Public Works Manager Rohman stated that he had not heard from ODOT as of this date.
Councilor Bjelland stated that invitations were sent to the Mayor and Council on the
upcoming MW ACT Legislative Review session at their first meeting in October. He
encouraged the Mayor and Councilors interested in finding out about some of the
transportation issues covering the three county area to attend this meeting.
3304 Mayor Figley stated that she has been informed that there is no need for an Executive
Session.
3335 ADJOURNMENT.
MCCALLUM/SIFUENTEZ... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:23 p.m..
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APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
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CITY OF WOODBURN
Community Development
MEMORANDUM
270 Montgomery Street Woodburn, Oregon 97071
(503) 982-5250
Date:
October 6, 2004
To:
Jim Mulder, Community Development Director
From:
Building Division
Subject:
Building Activity for September 2004
2002 2003 2004
Dollar Dollar Dollar
No. Amount No. Amount No. Amount
New Residence Value 9 $1,078,490 11 $1,633,922 7 $960,011
Multi Family 0 $0 0 $0 0 $0
Assisted Living Facilities 0 $0 0 $0 0 $0
Residential Adds & Alts 3 $5,950 9 $49,450 8 $49,464
Industrial 0 $0 0 $0 0 $0
Commercial Value 8 $151,590 7 $273,210 13 $2,065,976
Signs, Fences, Driveways 1 $1,200 3 $9,000 4 $12,400
Manufactured Homes 1 $55,000 1 $57,000 0 $0
TOTALS 22 $1,292,230 31 $2,022,582 30 $3,087,851
Fiscal Year (July 1- $6,462,741 $11,027,295 $8,651 ,237
June 30) to Date
I:\Communlty Developmentl8ldglBuilding ActlVrtylBldgAct-2004lSldg Activity - Memos\activity . September 2lJ04.wpd
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8D
WOODBURN PUBLIC LIBRARY
MONTHLY REPORT FOR SEPTEMBER 2004
I. CIRCULATION
Current: 11,359
Adult:
Children:
Previous:
2,003 13,906
2,002 10,753
2,001 11,042
8,151
3,208
In-House Use: 1,589
II. INTERLIBRARY LOAN
Books Loaned: 1,189
CCRLS:
In-state special: 0
1,181
All other in-state: 8
Out-ot-state: 0
Books Borrowed: 1,187
CCRLS: 1,171
In-state special: 2
All other in-state: 6
Out-ot-state: 8
III. REFERENCE
2004
2003
2002
Woodburn
793
841
870
Reterrals
12
37
71
Other
721
929
852
Total
1,526
1,807
1,793
Database Usage: 605
(Not all databases included)
IV. COMPUTER USAGE
ADULTS
Children:
2004
2,515
764
2003
2,639
834
2002
N/A
N/A
2004
Avg/open hrs 10.27
Avg/open hrs 3.21
2003
10.47
3.35
2002
N/A
N/A
V. LIBRARY SPONSORED PROGRAMS
Adults: 0 No. Attending: 0
Children: 14 No. Attending: 271
VI. VOLUNTEER HOURS WORKED:
VII. FINANCE NEW ADDS: 660
1,582.00
VIII. HOLDINGS
78,888
IX. PATRON LOAN TYPES:
18,297
September 2004
32
T' "9"
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October 11 , 2004
TO: Honorable Mayor and City Council through City Administrator
FROM: Jim Mulder. Director ot Community Development~/1
SUBJECT: Annexation 04-01, Zone Change 04-01, Property tf~e Adjustment 04-
02 and Property line Adjustment 04-03; Annexation and Zone
Change on City of Woodburn Property Located at 515 Settlemier
Avenue
RECOMMENDATION:
It is recommended that the City Council approve Annexation 04-01, Zone
Change 04-01, Property Line Adjustment 04-02 and Property Line Adjustment 04-
03 and instruct staff to prepare an ordinance to substantiate the Council's
decision.
BACKGROUND:
The City of Woodburn, the applicant, has submitted applications to annex 3.11
acres of land into the City of Woodburn and change the zoning of the property
from Marion County Urban Transition Farm (UTF) to City of Woodburn Single
Family Residential (RS) Zoning District and Public and Semi-Public (P /SP) Zoning
District, and adjust the property lines between tax lots # 1 00, #4000 and #4100.
The subject property consists of three tax lots described on Marion County
Assessor Maps as Township 5 South, Range 2 West, Section 13, Tax Lot # 1 00 and
Township 5 South, Range 1 West, Section 18BC, Tax Lots #4000 and #4100.
The Planning Commission held a public hearing on this proposal at its August 26,
2004 meeting. At its meeting of September 9, 2004, the Planning Commission
adopted a final order recommending that the City Council approve Annexation
04-01, Zone Change 04-01, Property Line Adjustment 04-02 and Property Line
Adjustment 04-03.
DISCUSSION:
The Planning Commission's final order, staff report, and minutes are attached for
the City Council's review.
Agenda Item Review: City Administrat
City Attorney ,It",)
33
......y.
Mayor and City Council
October 11 , 2004
Page 2
.
.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
Attachments:
Attachment A - Planning Commission Final Order dated 09-09-04
Attachment B - Planning Commission Staff Report dated 08-26-04
Attachment C - Planning Commission Minutes of 08-26-04
34
'.....9'
OPENING STATEMENT FOR LAND USE HEARINGS
REQUIRED BY ORS CHAPTER 197
This is the time set for public hearing in Annexation 04-01, Zone Change
04-01, Property Line Adjustment 04-02 and Property Line Adjustment 04-03 to
annex 3.11 acres of land into the City of Woodburn and change the zoning of
the property from Marion County Urban Transition Farm (UTF) to City of
Woodburn Single Family Residential (RS) Zoning District and Public and
Semi-Public (pjsP) Zoning District, and adjust the property lines between
tax lots #100, #4000 and #4100. The applicant is the City of Woodburn.
1. The law requires the City to list all substantive criteria relevant to
each hearing. The applicable substantive criteria is listed in the
notice of public hearing and is as follows:
Annexation 04-01:
A. WOODBURN DEVELOPMENT ORDINANCE
Section 5.104.01 Annexation
B. WOODBURN COMPREHENSIVE PLAN
Zone
A.
Change 04-01:
WOODBURN DEVELOPMENT ORDINANCE
Section 5.104.04 Zoning Map
WOODBURN COMPREHENSIVE PLAN
Change; Owner Initiated
B.
PROPERTY LINE ADJUSTMENT 04-02 (Tax Lots #4000 & #4100)
A. WOODBURN DEVELOPMENT ORDINANCE
Section 2.102 Single Family Residential (RS)
Section 5.101.07 Property Line Adjustment; Consolidation of Lots
PROPERTY LINE ADJUSTMENT 04-03 (Tax Lots #100 & #4000)
A. WOODBURN DEVELOPMENT ORDINANCE
Section 2.102 Single Family Residential (RS)
Section 5.101.07 Property Line Adjustment; Consolidation of Lots
The full text of all listed criteria is printed in the staff report
which has been distributed prior to this hearing and is also available now
for inspection by any interested persons.
2. All testimony and evidence must be directed toward these criteria or
other criteria in the plan or land use regulation which the person testifying
believes apply to the decision. Please relate your testimony to the listed
criteria.
3. The failure to raise an issue accompanied by statements or evidence
sufficient to afford the City Council and the parties, an opportunity to
respond to the issue, precludes appeal to the Land Use Board of Appeals based
on that issue.
Page 1 - Opening Statement for Land Use Hearings
'T'r
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
T . 'T
Due to the length of the exhibits for the public hearing, they are not
included in the agenda packet. The entire document has been
given to the City Council and is available for review by the public in
the City Administrator's office.
SJLQ AHlAc~ rY, e. y\ + A +0 1/ 0 w/~y
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35
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ATTACHMENT A
IN THE PLANNING COMMISSION OF WOODBURN, OREGON
Annexation 04-01
Zone Change 04-01
Property Line Adjustment 04-02
Property Line Adjustment 04-03
)
)
)
)
)
)
FINAL ORDER
WHEREAS, a request was made by the City of Woodburn to annex 3.11 acres of
land into the City of Woodburn, change the zoning of the property from Marion County
Urban Transition Farm (UTF) to City of Woodburn Single Family Residential (RS)
Zoning District and Public and Semi-Public (P/SP) Zoning District, and adjust the
property lines between tax lots #100, #4000 and #4100, and;
WHEREAS, the Planning Commission reviewed the matter at their meeting 0 f
August26,2004,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 hearing, and;
WHEREAS, the Planning Commission moved to recommend that the City
Council approve Annexation 04-01, Zone Change 04-01, Property Line Adjustment 04-
02 and Property Line Adjustment 04-03 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 04-01, Zone Change 04-01, Property Line Adjustment 04-02 and Property
Line Adjustment 04-03, based on the findings contained in Exhibit "A", and subject to
the conditions of approval contained in Exhibit "B", which are attached hereto and by
reference incorporated herein and which the Planning Commission finds reasonable.
Approved: -b' ~ ~
- . Un a, irpersor
r~"yct:' ~ Yo,..n.7 Vil e (...1..A-,",.,..(Lr5':_
11o'j (~;i
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03
Page 1
..
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EXHIBIT" A"
FINDINGS AND CONCLUSIONS
ANNEXATION 04-01
ZONE CHANGE 04-01
PROPERTY LINE ADJUSTMENT 04-02 (Tax Lots #4000 & #4100)
PROPERTY LINE ADJUSTMENT 04-03 (Tax Lots #100 & #4000)
I. APPLICATION INFORMATION:
Applicant & Property Owner: City of Woodburn
C/O Randy Rohman
270 Montgomery Street
Woodburn, OR 97071
II. NATURE OF APPLICATION:
The applicant proposes to annex 3.11 acres of land into the City of Woodburn
and change the zoning of the property from Marion County Urban Transition
Farm (UTF) to City of Woodburn Single Family Residential (RS) Zoning District
and Public and Semi-Public (P/SP) Zoning District. The applicant is also
proposing to adjust the property lines between tax lots #100, #4000 and #4100.
III. RELEVANT FACTS:
The subject property consists of three tax lots described on Marion County
Assessor Maps as Township 5 South, Range 2 West, Section 13, Tax Lot #100
and Township 5 South, Range 1 West, Section 18BC, Tax Lots #4000 and
#4100. Tax lot #100 is located outside of the city limits but inside of the
Woodburn Urban Growth Boundary (UGB).
Tax lot #100 is zoned Marion County Urban Transition Farm (UTF) and is
designated Residential Less Than 12 Units Per Acre, Residential Greater Than
12 Units Per Acre and Open Space and Parks on the Woodburn Comprehensive
Plan Map. Tax lot #100 is currently vacant. The properties that surround tax lot
#100 are zoned Marion County Urban Transition Farm (UTF) and City of
Woodburn Single Family Residential (RS), Medium Density Residential (RM),
Public and Semi-Public (P/SP) and Retirement Community Single Family
Residential (RIS). The properties that surround tax lot #100 are designated
Residential Less Than 12 Units Per Acre, Residential Greater Than 12 Units Per
Acre, Open Space and Parks and Public Use on the City of Woodburn
Comprehensive Plan Map. Single family residential dwellings, schools, mobile
home park, church, city park and vacant lands surround tax lot #100.
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03
Page 2
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A portion of tax lot #4000 is located inside of the Woodburn city limits and the
remainder of the site is located outside of the Woodburn city limits. The portion
of Tax lot #4000 that is located inside of the Woodburn city limits is zoned City of
Woodburn Single Family Residential (RS) and the remainder of tax lot #4000
located outside of the city limits is zoned Marion County UTF. Tax lot #4000 is
currently vacant. The properties located to the north and south of tax lot #4000
are zoned Marion County UTF and City of Woodburn RS, designated Residential
Less Than 12 Units Per Acre on the Woodburn Comprehensive Plan Map and
are the location of single family residential dwellings and vacant land. The
property located to west is zoned Marion County UTF, designated Residential
Less Than 12 Units Per Acre, Residential Greater Than 12 Units Per Acre and
Open Space and Parks on the Woodburn Comprehensive Plan Map and is the
location of vacant land. The properties located to the east are zoned City of
Woodburn RS, designated Open Space and Parks and Residential Less Than 12
Units Per Acre on the Woodburn Comprehensive Plan and are the location of
single family residential dwellings and a well house.
Tax lot #4100 is located inside of the Woodburn city limits and is located at 515
Settlemier Avenue. Tax lot #4100 is zoned RS and designated Open Space and
Parks on the Woodburn Comprehensive Plan. The Woodburn Planning
Commission approved a 400 square foot well house on tax lot #4100 for
municipal water supply and a variance to the street standards on Settlemier
Avenue on April 10, 2003. The well house has already been constructed. The
well house project has not received final occupancy yet.
The applicant is proposing to adjust the property line between tax lots #100,
#4000 and #4100 to decrease the size of tax lots #100 and #4000 and increase
the size of tax lot #4100. The applicant is proposing to annex the west portion of
the enlarged tax lot #4100 into the City of Woodburn and change the zoning on
this portion of the subject site from Marion County Urban Transition Farm (UTF)
to City of Woodburn Single Family Residential (RS) Zoning District and Public
and Semi-Public (P/SP) Zoning District. The applicant is proposing the
annexation of the west portion of tax lot #4100 so that a regional storm water
detention facility can be constructed on the western portion of tax lot #4100. The
properties located to the north of the enlarged tax lot #4100 are zoned City of
Woodburn RS and Marion County UTF, designated Residential Less Than 12
Units Per Acre on the Woodburn Comprehensive Plan and are currently vacant
and the location of single family dwellings. The property located to the west of
the enlarged tax lot #4100 is zoned Marion County UTF, designated Residential
Less Than 12 Units Per Acre, Residential Greater Than 12 Units Per Acre and
Open Space and Parks on the Woodburn Comprehensive Plan Map, and is
currently vacant. The property located to the east of the enlarged tax lot #4100
is zoned City of Woodburn RS, designated Residential Less Than 12 Units Per
Acre and is the location of single family dwellings. The property located to the
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03
Page 3
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south of the enlarged tax lot #4100 is zoned City of Woodburn RS and Marion
County UTF, designated Residential Less Than 12 Units Per Acre and is vacant.
A wetland channel is located on the west side of tax lot #4100. This wetland is
described in the Local Wetland Inventory (LWI) as a drainage running southwest
to northeast between Ben Brown Lane (425 feet west of Settlemier Avenue) and
Settlemier Avenue (100 feet south of Cherry Street). The portion of this wetland
channel that is located on the subject site is between 50 feet from Settlemier
Avenue on the north side of the site to over 200 feet from Settlemier Avenue on
the south side of the site. A wetland land use notification form has been sent to
the Division of State Lands (DSL) Wetland Program. The applicant will be
required to obtain the appropriate removal-fill permits from DSL for any work
done in the wetland area.
Portions of tax lot #100, #4000 and #4100 are located within the 100 year
floodplain. The remainder of all three tax lots is located outside of the 500 year
floodplain. No base flood elevation has been determined for the portion of the
tax lots within the 100 year floodplain. The Stubb Road tributary traverses
through the western portion of tax lot #4100. This tributary is regulated by the
Federal Emergency Management Administration (FEMA) and City Ordinances.
The Public Works Department commented that a water course maintenance
easement will not be required as per Section 3.102.04C of the Woodburn
Development Ordinance because the City of Woodburn owns and controls tax lot
#4100. The Public Works Department further commented that after obtaining the
proper approvals and permits, the boundary or alignment of the existing
watercourse will change with the proposed detention facility improvement.
IV. RELEVANT APPROVAL CRITERIA:
Annexation 04-01:
A. WOODBURN DEVELOPMENT ORDINANCE
Section 5.104.01 Annexation
B. WOODBURN COMPREHENSIVE PLAN
Zone Change 04-01 :
A. WOODBURN DEVELOPMENT ORDINANCE
Section 5.104.04 Zoning Map Change; Owner Initiated
B. WOODBURN COMPREHENSIVE PLAN
PROPERTY LINE ADJUSTMENT 04-02 (Tax Lots #4000 & #4100):
A. WOODBURN DEVELOPMENT ORDINANCE
Section 2.102 Single Family Residential (RS)
Section 5.101.07 Property Line Adjustment; Consolidation of Lots
PROPERTY LINE ADJUSTMENT 04-03 (Tax Lots #100 & #4000):
A. WOODBURN DEVELOPMENT ORDINANCE
AN NX 04-01 , ZC 04-01. PLA 04-02 & PLA 04-03
Page 4
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Section 2.102 Single Family Residential (RS)
Section 5.101.07 Property Line Adjustment; Consolidation of Lots
V. FINDINGS:
Annexation 04-01:
A. Woodburn Development Ordinance
Section 5.104.01 Annexation:
Section 5.104.01.0 Application Criteria
1. Annexation
a. Findings showing compliance with applicable
Woodburn Comprehensive Plan goals and policies
regarding annexation, with the applicant bearing
responsibility for the burden of proof.
FINDING: Findings showing compliance with applicable Woodburn
Comprehensive Plan goals and policies are provided later in this report.
This approval criterion is satisfied.
b. Territory to be annexed
1) Shall be contiguous to the City of Woodburn; and
2) Shall either:
a) Link to master plan public facilities with
adequate capacity to serve development of
the uses and densities indicated by the
Woodburn Comprehensive Plan; or
b) Guarantee the facility linkages with
adequate capacity, financed by the
applicant.
FINDING: The applicant is proposing to adjust the property lines
between tax lots #100, #4000 and #4100 to decrease the size of tax lots
#100 and #4000 and increase the size of tax lot #4100. The eastern
portion of the enlarged tax lot #4100 is located in the City of Woodburn.
The western portion of the proposed enlarged tax lot #4100 is located in
Marion County. The city limits is located in the middle of the enlarged
tax lot #4100. The western portion of the enlarged tax lot #4100 is
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03 Page 5
T'T
contiguous to the city limits located on the west and north sides of the
subject property. Water, wastewater and storm sewer service can be
provided from the existing sanitary sewer main traversing through the
property. The applicant is proposing to utilize the annexed portion of tax
lot #41 00 for a regional storm water detention facility as specified in the
City of Woodburn's Storm Water Master Plan working document. The
storm water detention area will support growth within the City of
Woodburn. This approval criterion is satisfied.
c. Annexations shall show a demonstrated community need
for additional territory and development based on the
following considerations:
FINDING: The applicant's annexation request should be
approved because the following considerations discussed
below are met.
1) lands designated for residential and community
uses should demonstrate substantial
conformance to: a), b), and e) and at least one of
c) or d), as stated below...
a) Infill. The territory to be annexed should be
contiguous to the City on two or more
sides;
FINDING: The north and west sides of the property to
be annexed are contiguous to the City.
b) Residential Buildable land Inventory. The
territory to be annexed should not increase
the inventory of buildable land designated
on the Comprehensive Plan as low or High
Density Residential within the City to more
than a 5-year supply;
FINDING: The property to be annexed will not
increase the inventory of buildable land on the
Comprehensive Plan as Low or High Density
Residential within the City to more than a 5-year
supply because a storm water detention facility is
proposed on the subject site instead of a residential
development.
d) Community Need. The proposed
development in the area to be annexed
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03
Page 6
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fulfills a substantial unmet community
need, that has been identified by the City
Council after a public hearing. Examples of
community needs include park space and
conservation of significant natural or
historic resources.
FINDING: The applicant states.... .the property will be
used for a storm water regional detention facility that
was identified by the City Council as a community
need in the City of Woodburn Storm Drainage Master
Plan working document..." The Planning Commission
concurs with the applicant's statement.
e) Reinforcement of Public Investment. The
territory proposed for annexation should
reflect the City's goals for directing growth
by using public facility capacity that has
been funded by the City's capital
improvement program;
FINDING: The applicant states.... .the property will be
used for a municipal facility that is part of the adopted
master plan capital improvement program. u" The
Planning Commission concurs with the applicant's
statement.
B. Woodburn Comprehensive Plan
IX. Goals and Policies
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
C. Provide the opportunity for growth in keeping with the
City's goals and capacity to serve urban development.
FINDING: The applicant is proposing to utilize the annexed portion of tax
lot #4100 for a regional storm water detention facility as specified in the
City of Woodburn's Storm Water Master Plan working document. The
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03 Page 7
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storm water detention area will support future growth within the City of
Woodburn.
0-2. 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 utilize the annexed portion of tax
lot #4100 for a regional storm water detention facility as specified in the
City of Woodburn's Storm Water Master Plan working document. The
storm water detention area will support future growth within the City of
Woodburn.
0-3. The goal is to achieve greater utilization of land within the City
by:
a. Incorporating all of the territory within the City limits that
will be of benefit to the City into the City.
b. Providing the opportunity for the urban in-fill of vacant and
under utilized property that is currently unincorporated and
surrounded by the City.
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: Annexation of the subject property is consistent with the
above goals because the proposed regional storm water detention
facility will help to accommodate future growth of the City of Woodburn.
Zone ChanQe 04-01 :
A. Woodburn Development Ordinance
Section 5.104.04 Zoning Map Change; Owner Initiated
Section 5.104.04.C Criteria.
1. Evidence proving a need for the proposed use and the
other permitted uses within the proposed zoning
designation.
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03
Page 8
..
, '.....' .'
FINDING: The applicant states the following:
.... .The city's storm water management goals call for the city to
detain some storm water prior to discharge into the city storm
drainage system. The area to the west of the proposed annexation
is proposed for residential development which will generate storm
water flows that must be detained prior to discharge in the city
storm water system. There are designated wetlands in the area
proposed for the zone change and there are also portions of the
current storm water system in the property proposed for the zone
change. The development of the storm water detention area will
relieve the residential property from the requirement to construct
storm water detention areas in the residentially zoned property.
Since there will be no detention areas required as this residential
property is developed, there will be no loss of area of property
available for construction.
This property will best meet this need because of its location in the
south quadrant of the city where additional storm water detention is
required. The property is also adjacent to 2.33 acres of a city
owned parcel that currently contains a water supply well. The
portion of this property not utilized for the city water supply well will
also become part of the storm water detention area. The combined
city properties are an ideal detention area due the proximity to the
existing open drainages systems that exists on this well site
property and the property proposed for the zone change... n
The applicant is proposing to adjust the property lines between tax lots
#100, #4000 and #4100 to decrease the size of tax lots #100 and #4000
and increase the size 0 f t ax lot # 4100. The applicant is proposing to
annex the west portion of the enlarged tax lot #4100 into the City of
Woodburn and change the zoning on this portion of the subject site from
Marion County Urban Transition Farm (UTF) to City of Woodburn Single
Family Residential (RS) Zoning District and Public and Semi-Public
(P/SP) Zoning District so that a regional storm water detention facility
can be constructed on the western portion of the enlarged tax lot #4100.
An RS zoning designation is being proposed on the northwest corner
and the southeast corner of the property to be annexed which is
consistent with the Residential Less Than 12 Units Per Acre
Comprehensive Plan designation on these areas of the subject site. A
P/SP zoning designation is being proposed on the middle portion of the
subject site which is consistent with the Open Space and Parks
Comprehensive Plan map designation on the middle of the subject site.
A storm water detention facility is a permitted use in the RS zone and the
P/SP zone.
ANNX 04-01 , ZC 04-01, PLA 04-02 & PLA 04-03
Page 9
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Although the applicant is requesting to change the zoning on the subject
property consistent with the Comprehensive Plan, it would be better from
a planning perspective to apply the same zone to the entire property.
This would avoid disjointed zoning of the property. This situation was
created because the location of the Open Space and Parks
Comprehensive Plan Map designation on the subject site is ambiguous
because it does not follow a precise line. It is assumed that it follows
the 100-year flood line, although that is not clearly evident. Two small
areas of the subject site, northwest and southeast corners, appear to
have the Residential Less Than 12 units Per Acre Comprehensive Plan
Map designation. It is preferable from a planning perspective to
designate the entire site with a P/SP zone since only two small corners
of the subject property appear to have the Residential Less Than 12
units Per Acre Comprehensive Plan Map designation. Also, the P/SP
zone designation and the proposed use of the property is consistent with
the Residential Less Than 12 units Per Acre Comprehensive Plan Map
designation and a storm water detention facility is an allowed use in both
the RS and P/SP zones.
As stated above by the applicant, the city of Woodburn storm water
management goals call for the city to detain some storm water prior to
discharge into the city storm drainage system. The area to the west of
the proposed annexation is proposed for residential development which
will generate storm water flows that must be detained prior to discharge
in the city storm water system. There are designated wetlands in the
area proposed for the zone change and there are also portions of the
current storm water system in the property proposed for the zone
change. The development of the storm water detention area will relieve
the residential property to the west from the requirement to construct
storm water detention areas in the residentially zoned property. Since
there will be no detention areas required as this residential property is
developed, there will be no loss of area of property available for
co nstruction.
2. Evidence that the subject property best meets the need
relative to other properties in the existing developable land
inventory already designated with the same zone
considering size, location, configuration, visibility and
other significant attributes of the subject property.
FINDING: The applicant states the following:
". .. This property will best meetthis need because of its location in
the south quadrant of the city where additional storm water
detention is required. The property is also adjacent to 2.33 acres of
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03
Page 10
"...' T"
a city owned parcel that currently contains a water supply well. The
portion of this property not utilized for the city water supply well will
also become part of the storm water detention area. The combined
city properties are an ideal detention area due the proximity to the
existing open drainage systems that exists on this well site property
and the property proposed for the zone change..."
The Planning Commission concurs with the applicant's statement. This
approval criterion is met.
B. Woodburn Comprehensive Plan
FINDING: Applicable goals and policies have been satisfied through the
implementation of the Woodburn Development Ordinance and other
applicable ordinances in affect at the time of approval. The designated
land use for the property is Open Space and Parks on the Comprehensive
Plan Map which is consistent with the proposed Public and Semi-Public
zone designations.
PROPERTY LINE ADJUSTMENT 04-02 (Tax Lots #4000 & #4100):
A. WOODBURN DEVELOPMENT ORDINANCE
Section 2.102 Single Family Residential (RS)
Section 2.102.01 Permitted Uses
FINDING: Tax lot #4000 is currently vacant. Tax lot #4100 is the location of a
400 square foot well house for municipal water supply. The applicant is not
proposing development on either lot at this time. Future development will be
subject tot his section 0 f t he WOO. A condition of approval is that the future
development shall comply with FEMA requirements, City of Woodburn Ordinance
regulating development within flood plain areas, and the City of Woodburn Storm
Drainage Master Plan. This approval criterion is met.
b. 2.102.06 Dimensional Standards
The following dimensional standards shall be the minimum
requirements for all development in the RS zone.
1) Lot Standards.
Lots in an RS zone shall comply with the standards of
Table 2.1.1 and Table 2.1.2.
AN NX 04-01 , ZC 04-01, PLA 04-02 & PLA 04-03 Page 11
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TABLE 2.1.1 Lot Standards for Residential Uses in an RS Zone* *EXCEPT
PUD's subject to Section 3.109
Use Type and Lot Location Minimu Minimum Avera Minimum
m Lot Lot Width ge Lot Street
Area Depth Frontage
1) Single Family
Dwelling, Site Built;
Group Home; Family
Child Day Care;
Manufactured Home,
on a Lot; &
Residential Sales
Office
6000 sq. 60 ft. 100 ft. 50 ft.
Interior Lot ft.
a) For an interior lot.
80 ft. 100 ft. 50 ft.
Corner Lot 8000 sq.
ft.
b) For a corner lot.
60 ft. at the 100 ft. Flaa lot: The
Flaa Lot-I*** or Cui de sac front driveway
Lot 6000 sq. setback access
ft. line. easement or
c) For either a flaa or cui strip of land
de sac lot. per Section
- 3.104.05.
-Flaa lot dimension and
area standards EXCLUDE Cui de sac lot:
the driveway access, per 40 feet.
Section 3.104.05.
-*Within a subdivision, not
more than one (1) flag lot 1 00 ft.
shall be located behind
another lot as shown in 100 ft.
Figure 6.6. 10,000
sq.ft.. 50 ft.
2) Duplex Dwelling on a
Corner Lot
a) For a corner lot.
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03
Page 12
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TABLE 2.1.2
Lot Standards for Non-Residential Uses in an RS Zone
In an RS zone the lot area for a non-residential use shall be adequate to contain
all structures within the required setbacks. There shall be no minimum width
or depth.
FINDING: The applicant is proposing to decrease the size of tax lot #4000 from 15.28
acres to 13.28 acres and increase the size of tax lot #4100 from 2.33 to 4.33 acres. Tax
lot #4000 is currently vacant and subject to the lot standards of Table 2.1.1. Tax lot
#4000 will be 13.28 acres in area after the proposed property line adjustment with a
minimum lot width of 512 feet and lot depth of over 600 feet which meets the 6,000
square foot minimum lot area, 60 foot minimum lot width and 100 foot average lot depth
requirements.
Tax lot #4100 has a well house constructed on it, which is a non-residential use, so it is
subject to the lot standards in Table 2.1.2. Table 2.1.2 requires that the lot area for a
non-residential use shall be adequate to contain all structures within the required
setbacks. There is no minimum lot width or depth. Tax lot #4100 will be 4.33 acres in
area after the proposed property line adjustment with a minimum lot width of over 150
feet and lot depth of over 1200 feet. The existing well house is set back 70 feet from
the centerline of Settlemier Avenue which meets the 57 foot special setback required
from the centerline of Settlemier Avenue. The well house is located 110 feet from the
north (side) property line and 45 feet from the south (side) property line which exceeds
the required 5 foot minimum side yard setback. The well house is located over 1000
feet from the adjusted west {rear} property line which meets the 24 foot minimum rear
yard setback requirement. Thus, the proposed lot area of tax lot #4100 is adequate to
contain the existing well house. No development on tax lots #4000 and #4100 are
proposed at this time. The applicant has shown compliance with this approval criteria.
Section 2.102.07 Development Standards
All development in the RS zone shall comply with the applicable provisions
of the WDO. The following standards specifically apply to uses in the RS
zone.
H. Property Disposition.
All uses shall be established and conducted on lots of record,
as defined by Section 1.102 and developed to the public
facility and access standards of Sections 3.101, 3.102 and
3.104. No more than one primary building shall be located on
a lot.
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03 Page 13
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2. Alteration of the property lines of existing lots of
record shall be subject to the applicable following
standards and procedures:
a. Property Line Adjustment, Section 5.101.07.
FINDING: Tax lot #4000 and tax lot #4100 are separate lots of record.
The applicant is proposing to alter the property line separating the two
parcels in order to increase the size of tax lot #4100 to allow for the
development of a future storm water detention facility. Compliance with
Section 5.101.07 will be reviewed below. The proposal meets this
criterion.
Section 5.101.07 Property Line Adjustment; Consolidation of Lots
C. Criteria.
1. The lot area, depth, width, frontage, building setbacks,
vehicular access and lot coverage shall comply with the
standards of the WDO;
FINDING: The lot area, width and depth of the adjusted tax lot
#4000 have already been discussed in this report. The lot area,
width, depth and building setbacks for tax lot #4100 have already
been discussed in this report. Tax lot #4000 has 350 feet of
frontage on Ben Brown Lane and tax lot #4100 has approximately
171 feet of frontage on Settlemier Avenue which meets the 50 foot
minimum street frontage requirement. Tax lot #4000 is currently
vacant so the building setbacks, vehicular access and lot coverage
requirements do not apply to this lot at this time. The well house
located on the enlarged tax lot #4100 covers .2% of the site which
complies with the 40% maximum lot coverage requirement. A 26
foot wide minimum driveway access on Settlemier Avenue was a
condition of approval of the well site on tax lot #4100. The
applicant will be required to meet this requirement prior to final
occupancy of the well site. All of the standards listed above have
been met as discussed in this report. This approval criterion has
been met.
2. The existing land use and development on the subject
property shall comply with the requirements of prior
land use actions; and
FINDING: There are no prior land use actions on tax lot #4000.
The Woodburn Planning Commission approved a 400 square foot
well house on tax lot #4100 for municipal water supply and a
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03
Page 14
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variance to the street standards on Setllemier Avenue on April 10,
2003. The well house has already been constructed. The well
house project has not received final occupancy yet. The
requirements of this previous land use approval will be met prior to
final occupancy of the well house.
3. The buildings and structures abutting the adjusted
property lines shall comply with state building code and
fire code with respect to the current occupancy.
FINDING: There are no buildings or structures on tax lot #4000.
The well house located on tax lot #4100 will be located over 1000
feet from the adjusted west (rear) property line which far exceeds
the 24 foot minimum rear yard setback requirement specified in the
WOO. This approval criterion is met.
4. Property line adjustments shall be surveyed and
monumented to the requirements set forth in ORS
Chapters 92 and 209, and certified and recorded by the
County Surveyor.
FINDING: The applicant will be required to meet these
requirements at the time of the preparation and recordation of the
plat.
PROPERTY LINE ADJUSTMENT 04-03 (Tax Lots #100 & #4000) :
A. WOODBURN DEVELOPMENT ORDINANCE
Section 2.102 Single Family Residential (RS)
Section 2.102.01 Permitted Uses
FINDING: Tax lots #100 and #4000 are currently vacant. The applicant is not
proposing development on either lot at this time. Future development will be
subject to this section of the WOO. A condition of approval is that the future
development shall comply with FEMA requirements, City of Woodburn Ordinance
regulating development within flood plain areas, and the City of Woodburn Storm
Drainage Master Plan. This approval criterion is met.
b. 2.102.06 Dimensional Standards
The following dimensional standards shall be the minimum
requirements for all development in the RS zone.
1) Lot Standards.
ANNX 04-01 , ZC 04-01, PLA 04-02 & PLA 04-03 Page 15
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lots in an RS zone shall comply with the standards of
Table 2.1.1 and Table 2.1.2.
(See table on the next page)
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03
Page 16
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TABLE 2.1.1 Lot Standards for Residential Uses in an RS Zone* *EXCEPT
PUD's subject to Section 3.109
Use Type and Lot Location Minimu Minimum Avera Minimum
m Lot Lot Width ge Lot Street
Area Depth Frontage
1) Single Family
Dwelling, Site Built;
Group Home; Family
Child Day Care;
Manufactured Home,
on a Lot; &
Residential Sales
Office
6000 sq. 60 ft. 100 ft. 50 ft.
Interior Lot ft.
a) For an interior lot.
80 ft. 100 ft. 50 ft.
Corner Lot 8000 sq.
ft.
b) For a corner lot.
60 ft. at the 1 00 ft. FlaQ lot: The
FlaQ Lot**I*** or Cui de sac front driveway
Lot 6000 sq. setback access
ft. line. easement or
c) For either a flaQ or cui strip of land
de sac lot. per Section
- 3.104.05.
**FlaQ lot dimension and
area standards EXCLUDE Cui de sac lot:
the driveway access, per 40 feet.
Section 3.104.05.
***Within a subdivision, not
more than one (1) flag lot 1 00 ft.
shall be located behind
another lot as shown in 100 ft.
Figure 6.6. 10,000
sq.ft.. 50 ft.
2) Duplex Dwelling on a
Corner Lot
a) For a corner lot.
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03 Page 17
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TABLE 2.1.2
Lot Standards for Non-Residential Uses in an RS Zone
In an RS zone the lot area for a non-residential use shall be adequate to contain
all structures within the required setbacks. There shall be no minimum width
or depth.
FINDING: The applicant is proposing to decrease the size of tax lot #100 from 145.9
acres to approximately 144.9 acres and increase the size of tax lot #4000 from 8.41
acres to 9.41 acres. Tax lots #100 and #4000 are currently vacant and subject to the lot
standards of Table 2.1.1. Tax lot #100 will be 144.9 acres in area after the proposed
property line adjustment with a minimum lot width of approximately 300 feet and lot
depth of over 2600 feet which meets the 6,000 square foot minimum lot area, 60 foot
minimum lot width and 100 foot average lot depth requirements. Tax lot #4000 will be
increased in size form 15.28 acres to 16.28 acres in area after the proposed property
line adjustment with a minimum lot width of 512 feet and lot depth of over 600 feet
which meets the 6,000 square foot minimum lot area, 60 foot minimum lot width and
100 foot average lot depth requirements. No development on tax lots #100 and #4000
are proposed at this time. The applicant has shown compliance with this approval
criteria.
Section 2.102.07 Development Standards
All development in the RS zone shall comply with the applicable provisions
of the WOO. The following standards specifically apply to uses in the RS
zone.
H. Property Disposition.
All uses shall be established and conducted on lots of record,
as defined by Section 1.102 and developed to the public
facility and access standards of Sections 3.101,3.102 and
3.104. No more than one primary building shall be located on
a lot.
2. Alteration of the property lines of existing lots of
record shall be subject to the applicable following
standards and procedures:
a. Property Line Adjustment, Section 5.101.07.
FINDING: Tax lot #100 and tax lot #4000 are separate lots of record. The
applicant is proposing to alter the property line separating the two parcels
in order to increase the size of tax lot #4000. Compliance with Section
5.101.07 will be reviewed below. The proposal meets this criterion.
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03
Page 18
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Section 5.101.07 Property Line Adjustment; Consolidation of Lots
C. Criteria.
1. The lot area, depth, width, frontage, building setbacks,
vehicular access and lot coverage shall comply with the
standards of the WDO;
FINDING: The lot area, width, and depth for tax lots #100 and
#4000 have already been discussed in this report. Both parcels are
currently vacant so setback, lot coverage, and vehicular access
requirements do not apply at this time. Tax lot #100 has over 2000
feet of frontage on Parr Road, 60 feet of frontage on Smith Drive,
60 feet of frontage on Austin Avenue, 60 feet of frontage on De
Santis Drive and over 1300 feet of frontage on Stubb Road which
meets the 50 foot minimum street frontage requirement. Tax lot
#4000 has 350 feet of frontage on Ben Brown Lane which meets
the 50 foot minimum street frontage requirement. All of the
standards listed above have been met as discussed in this report.
This approval criterion has been met.
2. The existing land use and development on the subject
property shall comply with the requirements of prior
land use actions; and
FINDING: There are no prior land use actions on tax lots #100 and
#4000.
3. The buildings and structures abutting the adjusted
property lines shall comply with state building code and
fire code with respect to the current occupancy.
FINDING: Tax lots #100 and #4000 are currently vacant. This
approval criterion is met.
4. Property line adjustments shall be surveyed and
monumented to the requirements set forth in ORS
Chapters 92 and 209, and certified and recorded by the
County Surveyor.
FINDING: The applicant will be required to meet these
requirements at the time of the preparation and recordation of the
plat.
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03 Page 19
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VI. CONCLUSION:
Based on the findings of fact contained herein all relevant approval criteria
relating to approval of Annexation 04-01, Zone Change 04-01, Property Line
Adjustment 04-02 and Property Line Adjustment 04-03 have been satisfied.
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03
Page 20
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EXHIBIT "B"
CONDITIONS OF APPROVAL
COMMUNITY DEVELOPMENT DEPARTMENT:
PROPERTY LINE ADJUSTMENTS 04-02 and 04-03 :
1 . The subject property shall be annexed into the City of Woodburn prior to final
plat approval.
2. The zone change changes the zoning of the subject property from Marion
County UTF to City of Woodburn P/SP as shown on Exhibit "B".
3. The property line adjustment plat shall be in substantial conformance with the
submitted property line adjustment plan provided as Exhibit "0" (date
stamped June 16,2004), except as modified by the conditions of approval
contained herein.
4. The applicant shall submit a copy of the survey and map indicating the
adjusted property line to the City's Planning Division for approval prior to
recordation with Marion County. Following recordation with Marion County,
provide (2) two copies of the final plat to the City's Planning Division prior to
the issuance of a building permit.
5. The property line adjustment shall comply with the surveying and
monumenting requirements in ORS 209.250, and the survey shall be filed
with the Marion County Surveyor and shall contain the notation that it is the
result of Property Line Adjustments, Case File Nos. PLA 04-02 & PLA 04-03.
6. Future development shall comply with FEMA requirements, City of Woodburn
Ordinance regulating development within flood plain areas, and t he City of
Woodburn Storm Drainage Master Plan.
7. The property owner/applicant shall submit to the Community Development
Department a signed "Acceptance of Conditions" agreeing to all conditions of
approval prior to City approval of the final property line plat.
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03
Page 21
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ATTACHMENT B
CITY OF WOODBURN, OREGON
PLANNING COMMISSION
STAFF REPORT
August 26, 2004
ANNEXATION 04-01
ZONE CHANGE 04-01
PROPERTY LINE ADJUSTMENT 04-02 (Tax Lots #4000 & #4100)
PROPERTY LINE ADJUSTMENT 04-03 (Tax Lots #100 & #4000)
I. APPLICATION INFORMATION:
Applicant & Property Owner: City of Woodburn
C/O Randy Rohman
270 Montgomery Street
Woodburn, OR 97071
Application Deemed Complete: June 16, 2004
120 Day Rule Deadline: Not Applicable
II. NATURE OF APPLICATION:
The applicant proposes to annex 3.11 acres of land into the City of Woodburn
and change the zoning of the property from Marion County Urban Transition
Farm (UTF) to City of Woodburn Single Family Residential (RS) Zoning District
and Public and Semi-Public (P/SP) Zoning District. The applicant is also
proposing to adjust the property lines between tax lots #100, #4000 and #4100.
III. RELEVANT FACTS:
The subject property consists of three tax lots described on Marion County
Assessor Maps as Township 5 South, Range 2 West, Section 13, Tax Lot #100
and Township 5 South, Range 1 West, Section 18BC, Tax Lots #4000 and
#4100. Tax lot #100 is located outside of the city limits but inside of the
Woodburn Urban Growth Boundary (UGB).
Tax lot #100 is zoned Marion County Urban Transition Farm (UTF) and is
designated Residential Less Than 12 Units Per Acre, Residential Greater Than
12 Units Per Acre and Open Space and Parks on the Woodburn Comprehensive
Plan Map. Tax lot #100 is currently vacant. The properties that surround tax lot
#100 are zoned Marion County Urban Transition Farm (UTF) and City of
Woodburn Single Family Residential (RS), Medium Density Residential (RM),
Public and Semi-Public (P/SP) and Retirement Community Single Family
Residential (RIS). The properties that surround tax lot #100 are designated
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03
Page 1
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Residential Less Than 12 Units Per Acre, Residential Greater Than 12 Units Per
Acre, Open Space and Parks and Public Use on the City of Woodburn
Comprehensive Plan Map. Single family residential dwellings, schools, mobile
home park, church, city park and vacant lands surround tax lot #100.
A portion of tax lot #4000 is located inside of the Woodburn city limits and the
remainder of the site is located outside of the Woodburn city limits. The portion
of Tax lot #4000 that is located inside of the Woodburn city limits is zoned City of
Woodburn Single Family Residential (RS) and the remainder of tax lot #4000
located outside of the city limits is zoned Marion County UTF. Tax lot #4000 is
currently vacant. The properties located to the north and south of tax lot #4000
are zoned Marion County UTF and City of Woodburn RS, designated Residential
Less Than 12 Units Per Acre on the Woodburn Comprehensive Plan Map and
are the location of single family residential dwellings and vacant land. The
property located to west is zoned Marion County UTF, designated Residential
Less Than 12 Units Per Acre, Residential Greater Than 12 Units Per Acre and
Open Space and Parks on the Woodburn Comprehensive Plan Map and is the
location of vacant land. The properties located to the east are zoned City of
Woodburn RS, designated Open Space and Parks and Residential Less Than 12
Units Per Acre on the Woodburn Comprehensive Plan and are the location of
single family residential dwellings and a well house.
Tax lot #4100 is located inside of the Woodburn city limits and is located at 515
Settlemier Avenue. Tax lot #4100 is zoned RS and designated Open Space and
Parks on the Woodburn Comprehensive Plan. The Woodburn Planning
Commission approved a 400 square foot well house on tax lot #4100 for
municipal water supply and a variance to the street standards on Settlemier
Avenue on April 10, 2003. The well house has already been constructed. The
well house project has not received final occupancy yet.
The applicant is proposing to adjust the property line between tax lots #100,
#4000 and #4100 to decrease the size of tax lots #100 and #4000 and increase
the size of tax lot #4100. The applicant is proposing to annex the west portion of
the enlarged tax lot #4100 into the City of Woodburn and change the zoning on
this portion of the subject site from Marion County Urban Transition Farm (UTF)
to City of Woodburn Single Family Residential (RS) Zoning District and Public
and Semi-Public (P/SP) Zoning District. The applicant is proposing the
annexation of the west portion of tax lot #4100 so that a regional storm water
detention facility can be constructed on the western portion of tax lot #4100. The
properties located to the north of the enlarged tax lot #4100 are zoned City of
Woodburn RS and Marion County UTF, designated Residential Less Than 12
Units Per Acre on the Woodburn Comprehensive Plan and are currently vacant
and the location of single family dwellings. The property located to the west of
the enlarged tax lot #4100 is zoned Marion County UTF, designated Residential
Less Than 12 Units Per Acre, Residential Greater Than 12 Units Per Acre and
Open Space and Parks on the Woodburn Comprehensive Plan Map, and is
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03 Page 2
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currently vacant. The property located to the east of the enlarged tax lot #4100
is zoned City of Woodburn RS, designated Residential Less Than 12 Units Per
Acre and is the location of single family dwellings. The property located to the
south of the enlarged tax lot #4100 is zoned City of Woodburn RS and Marion
County UTF, designated Residential Less Than 12 Units Per Acre and is vacant.
A wetland channel is located on the west side of tax lot #4100. This wetland is
described in the Local Wetland Inventory (LWI) as a drainage running southwest
to northeast between Ben Brown Lane (425 feet west of Settlemier Avenue) and
Settlemier Avenue (100 feet south of Cherry Street). The portion of this wetland
channel that is located on the subject site is between 50 feet from Settlemier
Avenue on the north side of the site to over 200 feet from Settlemier Avenue on
the south side of the site. A wetland land use notification form has been sent to
the Division of State Lands (DSL) Wetland Program. The applicant will be
required to obtain the appropriate removal-fill permits from DSL for any work
done in the wetland area.
Portions of tax lot #100, #4000 and #4100 are located within the 100 year
floodplain. The remainder of all three tax lots is located outside of the 500 year
floodplain. No base flood elevation has been determined for the portion of the
tax lots within the 100 year floodplain. The Stubb Road tributary traverses
through the western portion of tax lot #4100. This tributary is regulated by the
Federal Emergency Management Administration (FEMA) and City Ordinances.
The Public Works Department commented that a water course maintenance
easement will not be required as per Section 3.1 02.04C of the Woodburn
Development Ordinance because the City of Woodburn owns and controls tax lot
#4100. The Public Works Department further commented that after obtaining the
proper approvals and permits, the boundary or alignment of the existing
watercourse will change with the proposed detention facility improvement.
IV. RELEVANT APPROVAL CRITERIA:
Annexation 04-01:
A. WOODBURN DEVELOPMENT ORDINANCE
Section 5.104.01 Annexation
B. WOODBURN COMPREHENSIVE PLAN
Zone Chanae 04-01:
A. WOODBURN DEVELOPMENT ORDINANCE
Section 5.104.04 Zoning Map Change; Owner Initiated
B. WOODBURN COMPREHENSIVE PLAN
PROPERTY LINE ADJUSTMENT 04-02 (Tax Lots #4000 & #4100):
A. WOODBURN DEVELOPMENT ORDINANCE
Section 2.102 Single Family Residential (RS)
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03
Page 3
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Section 5.101.07 Property Line Adjustment; Consolidation of Lots
PROPERTY LINE ADJUSTMENT 04-03 (Tax Lots #100 & #4000):
A. WOODBURN DEVELOPMENT ORDINANCE
Section 2.102 Single Family Residential (RS)
Section 5.101.07 Property Line Adjustment; Consolidation of Lots
V. ANALYSIS:
Annexation 04-01 :
A. Woodburn Development Ordinance
Section 5.104.01 Annexation:
Section 5.104.01.D Application Criteria
1. Annexation
a. Findings showing compliance with applicable
Woodburn Comprehensive Plan goals and policies
regarding annexation, with the applicant bearing
responsibility for the burden of proof.
STAFF COMMENT: Findings showing compliance with applicable
Woodburn Comprehensive Plan goals and policies are provided later in
this report. This approval criterion is satisfied.
b. Territory to be annexed
1) Shall be contiguous to the City of Woodburn; and
2) Shall either:
a) Link to master plan public facilities with
adequate capacity to serve development of
the uses and densities indicated by the
Woodburn Comprehensive Plan; or
b) Guarantee the facility linkages with
adequate capacity, financed by the
applicant.
STAFF COMMENT: The applicant is proposing to adjust the property
lines between tax lots #100, #4000 and #4100 to decrease the size of
tax lots #100 and #4000 and increase the size of tax lot #4100. The
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03 Page 4
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eastern portion of the enlarged tax lot #4100 is located in the City of
Woodburn. The western portion of the proposed enlarged tax lot #4100
is located in Marion County. The city limits is located in the middle of
the enlarged tax lot #4100. The western portion of the enlarged tax lot
#4100 is contiguous to the city limits located on the west and north sides
of the subject property. Water, wastewater and storm sewer service
can be provided from the existing sanitary sewer main traversing through
the property. The applicant is proposing to utilize the annexed portion of
tax lot #4100 for a regional storm water detention facility as specified in
the City of Woodburn's Storm Water Master Plan working document.
The storm water detention area will support growth within the City of
Woodburn. This approval criterion is satisfied.
c. Annexations shall show a demonstrated community need
for additional territory and development based on the
following considerations:
STAFF COMMENT: The applicant's annexation request
should be approved because the following considerations
discussed below are met.
1) Lands designated for residential and community
uses should demonstrate substantial
conformance to: a), b), and e) and at least one of
c) or d), as stated below...
a) Infill. The territory to be annexed should be
contiguous to the City on two or more
sides;
STAFF COMMENT: The north and west sides of the
property to be annexed are contiguous to the City.
b) Residential Buildable Land Inventory. The
territory to be annexed should not increase
the inventory of buildable land designated
on the Comprehensive Plan as Low or High
Density Residential within the City to more
than a 5-year supply;
STAFF COMMENT: The property to be annexed will
not increase the inventory of buildable land on the
Comprehensive Plan as Low or High Density
Residential within the City to more than a 5-year
supply because a storm water detention facility is
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03
Page 5
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proposed on the subject site instead of a residential
development.
d) Community Need. The proposed
development in the area to be annexed
fulfills a substantial unmet community
need, that has been identified by the City
Council after a public hearing. Examples of
community needs include park space and
conservation of significant natural or
historic resources.
STAFF COMMENT: The applicant states".. .the
property will be used for a storm water regional
detention facility that was identified by the City
Council as a community need in the City of Woodburn
Storm Drainage Master Plan working document..."
Staff concurs with the applicant's statement.
e) Reinforcement of Public Investment. The
territory proposed for annexation should
reflect the City's goals for directing growth
by using public facility capacity that has
been funded by the City's capital
improvement program;
STAFF COMMENT: The applicant states".. .the
property will be used for a municipal facility that is part
of the adopted master plan capital improvement
program..." Staff concurs with the applicant's
statement.
B. Woodburn Comprehensive Plan
IX. Goals and Policies
D. Annexation Goals and Policies
0-1. The goal is to guide the shape and geographic area of the City
within the urban growth boundary so tho City limits:
A. Define a compact service area for the City;
B. Reflect a cohesive land area that is all contained within the
City; and
C. Provide the opportunity for growth in keeping with the
City's goals and capacity to serve urban development.
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03 Page 6
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STAFF COMMENT: The applicant is proposing to utilize the annexed
portion of tax lot #4100 for a regional storm water detention facility as
specified in the City 0 f Woodburn's Storm Water Master Plan working
document. T he storm water detention a rea will support future growth
within the City of Woodburn.
0-2. 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 utilize the annexed
portion of tax lot #4100 for a regional storm water detention facility as
specified in the City of Woodburn's Storm Water M aster Plan working
document. T he storm water detention a rea will support future growth
within the City of Woodburn.
0-3. The goal is to achieve greater utilization of land within the City
by:
a. Incorporating all of the territory within the City limits that
will be of benefit to the City into the City.
b. Providing the opportunity for the urban in-fill of vacant and
under utilized property that is currently unincorporated and
surrounded by the City.
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: Annexation of the subject property is consistent with
the above goals because the proposed regional storm water detention
facility will help to accommodate future growth of the City of Woodburn.
Zone Chanae 04-01 :
A. Woodburn Develooment Ordinance
Section 5.104.04 Zoning Map Change; Owner Initiated
Section 5.104.04.C Criteria.
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03
Page 7
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1. Evidence proving a need for the proposed use and the
other permitted uses within the proposed zoning
designation.
STAFF COMMENT: The applicant states the following:
" . . . The city's storm water management goals call for the city to
detain some storm water prior to discharge into the city storm
drainage system. The area to the west of the proposed annexation
is proposed for residential development which will generate storm
water flows that must be detained prior to discharge in the city
storm water system. There are designated wetlands in the area
proposed for the zone change and there are also portions of the
current storm water system in the property proposed for the zone
change. The development of the storm water detention area will
relieve the residential property from the requirement to construct
storm water detention areas in the residentially zoned property.
Since there will be no detention areas required as this residential
property is developed, there will be no loss of area of property
available for construction.
This property will best meet this need because of its location in the
south quadrant of the city where additional storm water detention is
required. The property is also adjacent to 2.33 acres of a city
owned parcel that currently contains a water supply well. The
portion of this property not utilized for the city water supply well will
also become part of the storm water detention area. The combined
city properties are an ideal detention area due the proximity to the
existing open drainages systems that exists on this well site
property and the property proposed for the zone change...It
The applicant is proposing to adjust the property lines between tax lots
#100, #4000 and #4100 to decrease the size of tax lots #100 and #4000
and increase the size 0 f t ax I ot # 4100. The applicant i s proposing to
annex the west portion of the enlarged tax lot #4100 into the City of
Woodburn and change the zoning on this portion of the subject site from
Marion County Urban Transition Farm (UTF) to City of Woodburn Single
Family Residential (RS) Zoning District and Public and Semi-Public
(P/SP) Zoning District so that a regional storm water detention f acUity
can be constructed on the western portion of the enlarged tax lot #4100.
An RS zoning designation is being proposed on the northwest corner
and the southeast corner of the property to be annexed which is
consistent with the Residential Less Than 12 Units Per Acre
Comprehensive Plan designation on these areas of the subject site. A
P/SP zoning designation is being proposed on the middle portion of the
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03 Page 8
T'T
subject site which is consistent with the Open Space and Parks
Comprehensive Plan map designation on the middle of the subject site.
A storm water detention facility is a permitted use in the RS zone and the
P/SP zone.
Although the applicant is requesting to change the zoning on the subject
property consistent with the Comprehensive Plan, it would be better from
a planning perspective to apply the same zone to the entire property.
This would avoid disjointed zoning of the property. This situation was
created because the location of the Open Space and Parks
Comprehensive Plan Map designation on the subject site is ambiguous
because it does not follow a precise line. It is assumed that it follows
the 100-year flood line, although that is not clearly evident. Two small
areas of the subject site, northwest and southeast corners, appear to
have the Residential Less Than 12 units Per Acre Comprehensive Plan
Map designation. It is preferable from a planning perspective to
designate the entire site with a P/SP zone since only two small corners
of the subject property appear to have the Residential Less Than 12
units Per Acre Comprehensive Plan Map designation. Also, the P/SP
zone designation and the proposed use of the property is consistent with
the Residential Less Than 12 units Per Acre Comprehensive Plan Map
designation and a storm water detention facility is an allowed use in both
the RS and P/SP zones.
As stated above by the applicant, the city of Woodburn storm water
management goals call for the city to detain some storm water prior to
discharge into the city storm drainage system. The area to the west of
the proposed annexation is proposed for residential development which
will generate storm water flows that must be detained prior to discharge
in the city storm water system. There are designated wetlands in the
area proposed for the zone change and there are also portions of the
current storm water system in the property proposed for the zone
change. The development of the storm water detention area will relieve
the residential property to the west from the requirement to construct
storm water detention areas in the residentially zoned property. Since
there will be no detention areas required as this residential property is
developed, there will be no loss of area of property available for
construction.
2. Evidence that the subject property best meets the need
relative to other properties in the existing developable land
inventory already designated with the same zone
considering size, location, configuration, visibility and
other significant attributes of the subject property.
STAFF COMMENT: The applicant states the following:
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03
Page 9
. ....'
". . . This property will best meet this need because of its location in
the south quadrant of the city where additional storm water
detention is required. The property is also adjacent to 2.33 acres of
a city owned parcel that currently contains a water supply well. The
portion of this property not utilized for the city water supply well will
also become part of the storm water detention area. The combined
city properties are an ideal detention area due the proximity to the
existing open drainage systems that exists on this well site property
and the property proposed for the zone change..."
Staff concurs with the applicant's statement. This approval criterion is
met.
B. Woodburn Comprehensive Plan
STAFF COMMENT: Applicable goals and policies have been satisfied
through the implementation of the Woodburn Development Ordinance and
other applicable ordinances in affect at the time of approval. The
designated land use for the property is Open Space and Parks on the
Comprehensive Plan Map which is consistent with the proposed Public
and Semi-Public zone designations.
PROPERTY LINE ADJUSTMENT 04-02 (Tax Lots #4000 & #4100):
A. WOODBURN DEVELOPMENT ORDINANCE
Section 2.102 Single Family Residential (RS)
Section 2.102.01 Permitted Uses
STAFF COMMENT: Tax lot #4000 is currently vacant. Tax lot #4100 is the
location of a 400 square foot well house for municipal water supply. The
applicant is not proposing development on either lot at this time. Future
development will be subject to this section of the WOO. A condition of approval
is that the future development shall comply with FEMA requirements, City of
Woodburn 0 rdinance regulating development within flood p lain a reas, and the
City of Woodburn Storm Drainage Master Plan. This approval criterion is met.
b. 2.102.06 Dimensional Standards
The following dimensional standards shall be the minimum
requirements for all development in the RS zone.
1) Lot Standards.
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03 Page 10
"_' "r
Lots in an RS zone shall comply with the standards of
Table 2.1.1 and Table 2.1.2.
TABLE 2.1.1 Lot Standards for Residential Uses in an RS Zone.
*EXCEPT PUD's subject to Section 3.109,
Use Type and Lot Location Minimum Minimum Lot Average Minimum Street
Lot Area Width Lot Frontage
Depth
1) Single Family Dwelling, Site
Built; Group Home; Family
Child Day Care;
Manufactured Home, on a
Lot; & Residential Sales
OffIce
Interior Lot
6000 sq. ft. 60 ft. 100 ft. 50ft.
a) For an Interior lot.
Corner Lot
8000 sq. ft. 80 ft. 100 ft. 50 ft.
b) For a corner lot.
Flaa Lot**/*** or Cui de sac Lot
6000 sq. ft. 60 ft. at the 100 ft. Flaa lot: The
c) For either a f1aa or cui de sac front setback driveway access
lot. line. easement or strip of
**Flaa lot dimension and area land per Section
3.104.05.
standards EXCLUDE the driveway
access, per Section 3.104.05. Cui de sac lot: 40
***WIthin a subdivision, not more than feet.
one (1) flag lot shall be located
behind another lot as shown In Rgure
6.6.
2) Duplex Dwelling on a Corner 10,000 sq. 100 ft.
Lot ft.. 100 ft.
50 ft.
a) For a corner lot.
TABLE 2.1.2
Lot Standards for Non-Residential Uses in an RS
Zone
In an RS zone the lot area for a non-residential use shall be adequate to contain
all structures within the required setbacks. There shall be no minimum width
or depth.
STAFF COMMENT: The applicant is proposing to decrease the size of tax lot #4000
from 15.28 acres to 13.28 acres and increase the size of tax lot #4100 from 2.33 to 4.33
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03
Page 11
., ..; 9'
acres. Tax lot #4000 is currently vacant and subject to the lot standards of Table 2.1.1.
Tax lot #4000 will be 13.28 acres in area after the proposed property line adjustment
with a minimum lot width of 512 feet and lot depth of over 600 feet which meets the
6,000 square foot minimum lot area, 60 foot minimum lot width and 100 foot average lot
depth requirements.
Tax lot #4100 has a well house constructed on it, which is a non-residential use, so it is
subject to the lot standards in Table 2.1.2. Table 2.1.2 requires that the lot area for a
non-residential use shall be adequate to contain all structures within the required
setbacks. There is no minimum lot width or depth. Tax lot #4100 will be 4.33 acres in
area after the proposed property line adjustment with a minimum lot width of over 150
feet and lot depth of over 1200 feet. The existing well house is set back 70 feet from
the centerline of Settlemier Avenue which meets the 57 foot special setback required
from the centerline of Settlemier Avenue. The well house is located 110 feet from the
north (side) property line and 45 feet from the south (side) property line which exceeds
the required 5 foot minimum side yard setback. The well house is located over 1000
feet from the adjusted west (rear) property line which meets the 24 foot minimum rear
yard setback requ irement. Thus, the proposed lot area of tax lot #4100 is adequate to
contain the existing well house. No development on tax lots #4000 and #4100 are
proposed at this time. The applicant has shown compliance with this approval criteria.
Section 2.102.07 Development Standards
All development in the RS zone shall comply with the applicable provisions
of the WDO. The following standards specifically apply to uses in the RS
zone.
H. Property Disposition.
All uses shall be established and conducted on lots of record,
as defined by Section 1.102 and developed to the public
facility and access standards of Sections 3.101,3.102 and
3.104. No more than one primary building shall be located on
a lot.
2. Alteration of the property lines of existing lots of
record shall be subject to the applicable following
standards and procedures:
a. Property Line Adjustment, Section 5.101.07.
STAFF COMMENT: Tax lot #4000 and tax lot #4100 are separate lots of
record. The applicant is proposing to alter the property line separating the
two parcels in order to increase the size of tax lot #4100 to allow for the
development of a future storm water detention facility. Compliance with
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03 Page 12
"1"" dT
Section 5.101.07 will be reviewed below. The proposal meets this
criterion.
Section 5.101.07 Property Line Adjustment; Consolidation of Lots
C. Criteria.
1. The lot area, depth, width, frontage, building setbacks,
vehicular access and lot coverage shall comply with the
standards of the WDO;
STAFF COMMENT: The lot area, width and depth of the adjusted
tax lot #4000 have already been discussed in this report. The lot
area, width, depth and building setbacks for tax lot #4100 have
already been discussed in this report. Tax lot #4000 has 350 feet
of frontage on Ben Brown Lane and tax lot #4100 has
approximately 171 feet of frontage on Settlemier Avenue which
meets the 50 foot minimum street frontage requirement. Tax lot
#4000 is currently vacant so the building setbacks, vehicular
access and lot coverage requirements do not apply to this lot at this
time. The well house located on the enlarged tax lot #4100 covers
.2% of the site which complies with the 40% maximum lot coverage
requirement. A 26 foot wide minimum driveway access on
Settlemier Avenue was a condition of approval of the well site on
tax lot #4100. The applicant will be required to meet this
requirement prior to final occupancy of the well site. All of the
standards listed above have been met as discussed in this report.
This approval criterion has been met.
2. The existing land use and development on the subject
property shall comply with the requirements of prior
land use actions; and
STAFF COMMENT: There are no prior land use actions on tax lot
#4000. The Woodburn Planning Commission approved a 400
square foot well house on tax lot #4100 for municipal water supply
and a variance to the street standards on Settlemier Avenue on
April 10. 2003. The well house has already been constructed. The
well house project has not received final occupancy yet. The
requirements of this previous land use approval will be met prior to
final occupancy of the well house.
3. The buildings and structures abutting the adjusted
property lines shall comply with state building code and
fire code with respect to the current occupancy.
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03
Page 13
"
.... T'
STAFF COMMENT: There are no buildings or structures on tax lot
#4000. The well house located on tax lot #4100 will be located
over 1000 feet from the adjusted west (rear) property line which far
exceeds the 24 foot minimum rear yard setback requirement
specified in the WDO. This approval criterion is met.
4. Property line adjustments shall be surveyed and
monumented to the requirements set forth in ORS
Chapters 92 and 209, and certified and recorded by the
County Surveyor.
STAFF COMMENT: The applicant will be required to meet these
requirements at the time of the preparation and recordation of the
plat.
PROPERTY LINE ADJUSTMENT 04-03 (Tax Lots #100 & #4000) :
A. WOODBURN DEVELOPMENT ORDINANCE
Section 2.102 Single Family Residential (RS)
Section 2.102.01 Permitted Uses
STAFF COMMENT: Tax lots #100 and #4000 are currently vacant. The
applicant is not proposing development on either lot at this time. Future
development will be subject to this section of the WOO. A condition of approval
is that the future development shall comply with FEMA requirements, City of
Woodburn 0 rdinance regulating development within flood p lain a reas, and the
City of Woodburn Storm Drainage Master Plan. This approval criterion is met.
b. 2.102.06 Dimensional Standards
The following dimensional standards shall be the minimum
requirements for all development in the RS zone.
1) Lot Standards.
Lots in an RS zone shall comply with the standards of
Table 2.1.1 and Table 2.1.2.
(See table on the next page)
ANNX 04-01, ZC 04-01 , PLA 04-02 & PLA 04-03
Page 14
"
T'T
TABLE 2.1.1 Lot Standards for Residential Uses in an RS Zone*
*EXCEPT PUD's subject to Section 3.109
Use Type and Lot Location Minimum Minimum Lot Average Minimum Street
Lot Area Width Lot Frontage
Depth
1} Single Family Dwelling, Site
Built; Group Home; Family
Child Day Care;
Manufactured Home, on a
Lot; & Residential Sales
Office
Interior Lot
6000 sq. ft. 60 ft. 100 ft. 50 ft.
a} For an Interior lot.
Corner Lot
8000 sq. ft. 80 ft. 100 ft. 50 ft.
b} For a corner lot.
Flaa Lot**1*** or Cui de sac Lot
6000 sq. ft. 60 ft. at the 1 00 ft. Flaa lot: The
c} For either a flaa or cui de sac front setback driveway access
lot. line. easement or strip of
land per Section
**Flaa lot dimension and area 3.104.05.
standards EXCLUDE the driveway
access, per Section 3.104.05. Cui de sac lot: 40
***WIthin a subdivision, not more than feet.
one (1) flag lot shall be located
behind another lot as shown In Rgure
6.6.
2} Duplex Dwelling on a Corner 10.000 sq. 100 ft.
Lot ft.. 100 ft.
50 ft.
a} For a corner lot.
TABLE 2.1.2
Lot Standards for Non-Residential Uses in an RS
Zone
In an RS zone the lot area for a non-residential use shall be adequate to contain
all structures within the required setbacks. There shall be no minimum width
or depth.
STAFF COMMENT: The applicant is proposing to decrease the size of tax lot #100
from 145.9 acres to approximately 144.9 acres and increase the size of tax lot #4000
from 8.41 acres to 9.41 acres. Tax lots #100 and #4000 are currently vacant and
subject to the lot standards of Table 2.1.1. Tax lot #100 will be 144.9 acres in area after
ANNX 04-01 , ZC 04-01, PLA 04-02 & PLA 04-03
Page 15
"
..T. r
the proposed property line adjustment with a minimum lot width of approximately 300
feet and lot depth of over 2600 feet which meets the 6,000 square foot minimum lot
area, 60 foot minimum lot width and 100 foot average lot depth requirements. Tax lot
#4000 will be increased in size form 15.28 acres to 16.28 acres in area after the
proposed property line adjustment with a minimum lot width of 512 feet and lot depth of
over 600 feet which meets the 6,000 square foot minimum lot area, 60 foot minimum lot
width and 100 foot average lot depth requirements. No development on tax lots #100
and #4000 are proposed at this time. The applicant has shown compliance with this
approval criteria.
Section 2.102.07 Development Standards
All development in the RS zone shall comply with the applicable provisions
of the WDO. The following standards specifically apply to uses in the RS
zone.
H. Property Disposition.
All uses shall be established and conducted on lots of record,
as defined by Section 1.102 and developed to the public
facility and access standards of Sections 3.101,3.102 and
3.104. No more than one primary building shall be located on
a lot.
2. Alteration of the property lines of existing lots of
record shall be subject to the applicable following
standards and procedures:
a. Property Line Adjustment, Section 5.101.07.
STAFF COMMENT: Tax lot #100 and tax lot #4000 are separate lots of
record. The applicant is proposing to alter the property line separating the
two parcels in order to increase the size of tax lot #4000. Compliance with
Section 5.101.07 will be reviewed below. The proposal meets this
criterion.
Section 5.101.07 Property Line Adjustment; Consolidation of Lots
C. Criteria.
1. The lot area, depth, width, frontage, building setbacks,
vehicular access and lot coverage shall comply with the
standards of the WDO;
STAFF COMMENT: The lot area, width, and depth for tax lots
#100 and #4000 have already been discussed in this report. Both
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03
Page 16
'T" 'T
parcels are currently vacant so setback, lot coverage, and vehicular
access requirements do not apply at this time. Tax lot #100 has
over 2000 feet of frontage on Parr Road, 60 feet of frontage on
Smith Drive, 60 feet of frontage on Austin Avenue, 60 feet of
frontage on De Santis Drive and over 1300 feet of frontage on
Stubb Road which meets the 50 foot minimum street frontage
requirement. Tax lot #4000 has 350 feet of frontage on Ben Brown
Lane which meets the 50 foot minimum street frontage
requirement. All of the standards listed above have been met as
discussed in this report. This approval criterion has been met.
2. The existing land use and development on the subject
property shall comply with the requirements of prior
land use actions; and
STAFF COMMENT: There are no prior land use actions on tax lots
#100 and #4000.
3. The buildings and structures abutting the adjusted
property lines shall comply with state building code and
fire code with respect to the current occupancy.
STAFF COMMENT: Tax lots #100 and #4000 are currently vacant.
This approval criterion is met.
4. Property line adjustments shall be surveyed and
monumented to the requirements set forth in ORS
Chapters 92 and 209, and certified and recorded by the
County Surveyor.
STAFF COMMENT: The applicant will be required to meet these
requirements at the time of the preparation and recordation of the
plat.
VI. CONCLUSION AND RECOMMENDATION:
Based on the information in this report, the information provided by the applicant
and the applicable review criteria, findings necessary to approve Annexation 04-
01 , Zone Change 04-01, Property Line Adjustment 04-02 and Property Line
Adjustment 04-03 can be made. Therefore, staff recommends said applications
be approved subject to the following conditions:
COMMUNITY DEVELOPMENT DEPARTMENT:
PROPERTY LINE ADJUSTMENTS 04-02 and 04-03 :
ANNX 04-01 , ZC 04-01, PLA 04-02 & PLA 04-03
Page 17
"
T. 1
1. The subject property shall be annexed into the City of Woodburn prior to final
plat approval.
2. The zone change changes the zoning of the subject property from Marion
County UTF to City of Woodburn P/SP as shown on Exhibit "B".
3. The property line adjustment plat shall be in substantial conformance with the
submitted property line adjustment plan provided as Exhibit "0" (date
stamped June 16,2004), except as modified by the conditions of approval
contained herein.
4. The applicant shall submit a copy of the survey and map indicating the
adjusted property line to the City's Planning Division for approval prior to
recordation with Marion County. Following recordation with Marion County,
provide (2) two copies of the final plat to the City's Planning Division prior to
the issuance of a building permit.
5. The property line adjustment shall comply with the surveying and
monumenting requirements in ORS 209.250, and the survey shall be filed
with the Marion County Surveyor and shall contain the notation that it is the
result of Property Line Adjustments, Case File Nos. PLA 04-02 & PLA 04-03.
6. Future development shall comply with FEMA requirements, City of Woodburn
Ordinance regulating development within flood plain areas, and t he City of
Woodburn Storm Drainage Master Plan.
7. The property owner/applicant shall submit to the Community Development
Department a signed "Acceptance of Conditions" agreeing to all conditions of
approval prior to City approval of the final property line plat.
VII. ATTACHMENTS:
Exhibit" A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Attachment" A"
Attachment "B"
Attachment "e"
Annexation Plan
Zone Plan
Existing Lot Lines
Proposed Lot Lines
Comprehensive Plan Map
Applicant's Submittals
Woodburn Public Works Department Comments
ANNX 04-01, ZC 04-01, PLA 04-02 & PLA 04-03 Page 18
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1 ~,,', ~ r art I f 33 , Community Development Department
270 Montgomery Street · Woodburn, Oregon 97071
Phone: 503-982-5246. Fax: 503-982-5244 · Website Address: www.ci.woodburn.or.us
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......, "''704--J.~U'T
File No: C11j~02. t,
Related Files:
Date Received: '1"'2- criolf
Fees Received:
UNIFORM APPLICATION
Project location:
Property owner:
Address:
S .e.1I-l...~;~ v
....I..I~
Applicant:
Address:
5,4-m C t't'~ OvJNE{<-
Telephone. Fax No.:
/60
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R estedR I
leau ev ew:
1 C ACX:ESS PERMIT TO OTY STREET 13 C FORMAL INTERPRETATION OF THE woo 25 C REVOCAT1ON Of PREVlOUSI.. y APPROVED PERMIT
2 ~NEXAllON 14 D MOP PREliMINARY APPROVAL 26 D SWOD PERMIT ,
3 D APPEAl TO OTY COUNCl 15 D MOP FINAL PLAN APPROVAl 27 D SPEaAl USE AS A OJ
4 C COMPo PlAN MAP OtANGE 16 D MODIFICATION OF CONDmONS 28 D SUB. PREUMINARY APPROVAl
5 C CONDmONAl USE 17 D PARTITION PREUMINARY APPROVAl 29 D SUB. FINAl PLAT APPROVAL ~
6 C DESIGN REVIEW RS. DUPlEX RESIDEHTlAl. DWEWNGS 18 D PARTITION FINAl PlAT APPROVAL 30 D lELE<XlMMUNICATlON FACILITY, SPEaFIC USE AS A OJ
7 C DESIGN REVIEW 19 D PHASING PLAN 31 D TEMPORARY OUTDOOR PERMIT
8 D EXCEPTION TO ST. ROW !lIMPROVEMENT REQ. 20 D PUD PREUMINARY PlAN APPROVAL 32 D TREE REMOVAl PERMIT
9 D EXTENSION FOR A DEV. DEOSION 21 D PUD DESIGN PLAN FINAl APPROVAl 33 C VARIANCE
10 D FENCE . FREE STANDING WALL PRE<ONST REV. 22 0 PUD FINAL PlAN APPROVAL 34 0 ZONING ADJUSTMENT
11 D GRADING PERMIT 23 D lLA &. CONSOUDATION OF LOTS 35 j( ZONE CHANGE
12 0 HISTORIC OR. ARCH. SlGNlfl. srre,SPEClflC OJ 24 D RS AROt. STANDARDS SUBDIV. 36}d OTHER: e ,Prdft..--I-") "~,, AJlj";j-f,
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A llcant Certification:
I herebv declare that as applicant for this proposal, I have familiarized myself with the relevant provisions of the Oty of Woodburn
Development Ordinance' I have read oIng application and know the contents of the application to be true to the best of my
knowledge (If appl s owner, owner shall authorize applicant to represent hiS/her Interest in the above referenced
application bv 51
Owner: Applicant:
Date:
Date:
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CERTIFICA TION OF PROPERTY OWNERSHIP OF
100% OF LAND AREA
(City 70096 Ownership Method)
I hereby certify that the attached petition for a proposed boundary change involving
the territory described In the petition contains the names of the owners. of 100%
of the land area within the annexation area described In the petition, as shown on
the last available complete assessment roll.
NAME
~?,t oY ;a...~
"t:.R72:RJh2... # AI.rJJ;::I
TITLE
DEPARTMENT
Tax Assessor
COUNTY Of
M~ri(\n
DATE
2JU J~
, ,
*
"Owner" means the legal owner of record or, where there Is a recorded land
contract which is in force, the purchaser thereurider. If there 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 petition. If a corporation owns land in territory proposed to be
annexed, the corporation shall be considered the Individual owner of that
land. .
1:\Communlty Development\P1annlng\DEVELOPMENT ORDINANCE\WOO Applicatlon5\Type IV\ANX Appllcatlon,wpd
REVISED: 01/13/04
" T T
CERTlFICA TION OF LEGAL DESCRIPTION AND MAP
I hereby certify that the description of the property Included within the attached
TS5 2\!J /3 IOC)
petition (located on Assessor's Map T 5 S I \AI I B B c.. *600 )
has been checked by me and It is a true and exact description of the property
under consideration, and the description corresponds to the attached map
indicating the property under consideration.
NAME . I,..~f. Yo ~
TITLE ,lfz2!rtfl<LA7tJ~
DEPARTMENT
Tax Assessor
COUNTY OF
DATE 2/2'< /1':)4
. ,.
Marion
[:\Community Development\ptannlng\DEVELOPMENT ORDINANCE\WOO Appllcatlons\Type lV\ANX Appllcatlon.wpd REVISED: 01/13/04
"T' "T
CERTIFICATION OF REGISTERED VOTERS
I HEREBY CERTIFY THAT THERE ARE NO ELECTORS
REGISTERED IN THE TERRITORY TO BE ANNEXED TO THE CITY
OF WOODBURN.
'S~
NAME: SHERRILL HOCHSPE ER
TITLE: DEPUTY COUNTY CLERK
DEPARTMENT: ELECTIONS
COUNTY OF MARION
DATE: FEB 26, 2004
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CITY OF WOODBURN
ANNEXATION CRITERIA
a. Findings showing compliance with applicable Woodburn Comprehensive Plan goals
and policies regarding annexation, with the applicant bearing responsibility for the
burden of proof.
· This annexation of property will allow the city to develop a regional
storm water detention facility to allow the city to comply with federal
regulations.
· ThIs use Is of benefit to the city and will allow for application for
storm water management practices that comply with the city's
master plan. are environmentally sound and provide a facility that
will accommodate future growth.
· The use for a regional storm water detention faclUty will fit Into
acUacent park and city water supply well uses.
· Annexed property will be utilized for a pubUc use.
· The annexation will have no Impact on the city's transportation
assets.
b. Territory to be annexed
1) The property Is contiguous to the City of Woodburn on two sides.
2) The property will be used for a regional storm water detention
facility and Is a part of the Storm Water Master Plan. It will
provide a regional storm water detention area that will support
growth within the city.
.. T I'
C. Annexations shall show a demonstrated community need for additional territory and
development based on the following considerations:
1) Lands designated for residential and community uses should demonstrate
substantial conformance to: a), b) and f) and at least one of c), d), or e) as
stated below:
a) Tbe property Is contiguous to tbe City of Woodburn on two
sides.
b) Tbe property will not Increase tbe Inventory of buildable
land designated on tbe Comprehensive Plan as Low or Hlgb
Density Residential within the city to more than a 5-year
supply.
d) Tbe property will be used for a storm water regional
detention faclUty that was IdentIDed by tbe City Council as a
community need following a pubUc bearing.
e) Tbe property will be used for a municipal facility that Is part
of tbe adopted master plan capital Improvement program.
f) The detention facility will require maintenance and therefore
will provide for additional employment.
'r' 'Or
* REC'O *
CHAPTER 16 - ZONE CHANGE CRITERIl'Y 19 2004
WOODBURN COMMUNITY
DEVELOPMENT DEPT.
FOR ANNEXATION 04-01 AND ZONE CHANGE 04-01
(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.
RESPONSE:
(1) The city's storm water management goals call for the city to detain
some storm water prior to discharge into the city storm drainage
system. The area to the west of the proposed annexation is proposed
for residential development which will generate storm water flows that
must be detained prior to discharge in the city storm water system.
There are designated wetlands in the area proposed for the zone
change and there are also portions of the current storm water system
in the property proposed for the zone change. The development of the
storm water detention area will relieve the residential property from the
requirement to construct storm water detention areas in the
residentially zoned property. Since there will be no detention areas
required as this residential property is developed, there will be no loss
of area of property available for construction.
(2) This property will best meet this need because of its location in the
south quadrant of the city where additional storm water detention is
required. The property is also adjacent to 2.33 acres of city owned
parcel that currently contains a water supply well. The portion of this
property not utilized for the city water supply well will also become part
of the storm water detention area. The combined city properties are an
ideal detent area due the proximity to the existing open drainages
systems that exists on this well site property and the property proposed
for the zone change.
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WELL SITE
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THIS SPACE RESERVED FOR RECORDER'S USE
REEL
2021
PAGE
84
After recording return to:
Citv of Woodburn
190 Garfield Street
Woodburn. OR 97071
Until a change is requested all tax statements
shall be sent to the following address:
Citv of Woodburn
190 Garfield Street
Woodburn. OR 97071
Escrow No. 29338lWD
Title No, 29338l-M
STATUTORY WARRANTY DEED
Hazel M, Smith. Trustee of the Hazel M. Smith Revocable Livin!! Trust, Grantor, conveys and warrants
to Citv of Woodburn. an Ore20n Municioal Corooration, Grantee, the following described real property
free of liens and encumbrances, except as specifically set forth herein:
See Exhibit "A" Attached Hereto tor Legal Description
See Agreement Accepting Property 1X>nation Attached Hereto
This property is free of liens and encumbrances, EXCEPT: .
The rights of the public in and to that portion of the premises herein described lying within the limits of
roads, streets or highways.
THIS INSTRUMENT WILL NOr ALLOW USE OF THE PROPERTY DESCRIBED IN THIS
iNSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS,
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE
TO THE PROPERTY SHOULD CHECK WITH THE APPROPRlA TE CITY OR COUNTY
PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS
ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30,930.
The true consideration for this conveyance is $GIFT (Hcrecomply wilh thercquiremcnlSor ORS 93,030)
Dated this 1-fith day of November, 2002,
~/eur~{fAAA./~ ~
Hazel M. Smith, rustee
ST ATE OF OREGON
County of Marion
-~
.,....:~ :_~h..~...... ''',,'' ""lrnnwl,.ciof'n he fore me on this ~ day of November, 2002
} ss.
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or. T'
Exhibit "A"
Beginning at a point in the center line of Settlemier Avenue in the City of Woodburn, Marion County,
Oregon, which point is also the Northeast corner of a tract of land conveyed to o. F, Mulkey and May
Mulkey, husband and wife, by that certain instrument dated Jan. 26, 1938 and recorded May 12, 1938 in
Volume 233, Page 217, Deed Records for Marion County, Oregon. Said beginning point being also North
18035' East, 330.45 feet from the intersection of the center line of said Settlemier Avenue with the center
line of Tout Street; thence North 86045' West along the North line of the above-mentioned Mulkey tract,
605,88 feet to the Northwest comer of said Mulkey tract and the Southwest comer of a tract of land
conveyed to Samuel E. Zollinger and Laura J. Zollinger, husband and wife, by that certain instrument dated
June 5, 1944 and recorded June 9, 1944 in Volume 303, Page 584, Deed Records for Marion County,
Oregon; thence North 180 35' East 153.78 feet to the most Westerly Northwest corner of said Zollinger tract;
thence South 870 30' East 399.77 feet to the re-entrant comer of said Zollinger tract; thence Northerly along
a Westerly line of said Zollinger tract 53,6 feet to a point which is South 16048' West 295,0 feet from the
Southwest corner of a tract of land conveyed to Robert J. Wellman and Virginia A. Wellman, husband and
wife, by deed dated June 12, 1952 and recorded June 16,1952 in Volume 440, Page 665, Deed Reocrds
for Marion County, Oregon; thence South 750 07' East parallel to the Southerly line of said Wellman tract,
203.5 feet, more or less, to the center line of Settlemier Avenue, thence Southerly, along the center of said
Settlemier Avenue 171,72 feet, more or less, to the point of beginning.
"
. .'
T' 'YO
AGREEMENT ACCEPTING PROPERTY DONATION
This AGREEMENT ACCEPTING PROPERTY DONATION is entered into this 12.. Chday
of No v ~~)'Vl bl"'A", 2002, by and between Hazel M. Smith, Trustee of the Hazel M.
Smith Revocable Living Trust (hereafter "Property Owner"), and the City of Woodburn,
an Oregon municipal corporation (hereinafter "City").
WHEREAS, the Property Owner will donate property described by Tax Map No.
5S-1 W-18BC:41 00 and described in the attached legal description to the City subject to
certain conditions; and
WHEREAS, the Property Owner will donate property from Tax Map No. 5S-2W-
13:100 or Tax Map No. 5S-1W-18BC:4000 to the City subject to certain conditions; and
WHEREAS, the Property Owner will provide the City an option to purchase
property from Tax Map No. 5S-2W-13:100 or Tax Map No. 5S-1W-18BC:4000 subject
to certain conditions; and
WHEREAS, the City has negotiated with the Property Owner and certain
conditions for property donation and purchase option have been agreed upon; and
WHEREAS, the Property Owner, is willing to donate and offer. a purchase option
on property described in this Agreement subject to the negotiated conditions and the
City is willing to accept the donated property and option to purchase at the City's
discretion property described in this Agreement subject to the negotiated conditions;
NOW, THEREFORE, in consideration of those mutual promises and the terms
and conditions set forth hereafter, the parties agree as follows:
. .
1. Initial Donation of Property:
. r
A. Property Owner shall convey a;5 an initial donation 2.33 acres of property
described in the legal description attached as Exhibit "AU. The conveyance of
this property and documentation of legal transfer of this property must be
completed prior to December 31, 2002 and within sixty (50) days of a complete
appraisal of the described property or all provisions of this agreement are voided.
. .'
Page 1 - Agreement Accepting Property Donation
.. ..T' T'
2. Additional Property Donation and Property Purchase Option:
A, Property Owner shall convey by donation two (2) acres from the property to
the west, Tax Map No. 5S-2W-13:100 or Tax Map No. 5S-1W-18BC:4000, to the
City in the year 2003.
B, Property Owner will give the City a conditional option to purchase one (1)
acre from the property to the west, Tax Map No. 5S-2W-13:100 or Tax Map No.
5S-1W-18BC:4000 subject to the following conditions:
a. The price for this one (1) acre property parcel is established at
$70,000.00 by the Property Owner.
b. The conditional option is only available to the City in the year 2003.
C. Property Owner shall convey by donation two (2) acres from the property to
the west, Tax Map No. 5S-2W-13:100 or Tax Map No. 5S-1W-18BC:4000, to the
City in the year 2004.
D. The property to be donated in 2003 is indicated as parcel 1 on the map
attached as Exhibit "B". There may be deviations to boundaries of parcels 2
and 3, however, acreage will remain as indicated.
3. The City will provide the Property Owner appropriate documentation that the City
has accepted the donation of the property at a value that will be determined by
an appraisal that will be done by the City,
4. The donated property shall be used by the City for a combination of a water
production well, a regional storm water detention pond and any and all utility
lines required for City uses.
5. The City will provide for the completion of all document preparation for the
donation of the property and any other costs associated with the ownership
transfer of the property. The City will construct and maintain the water
production well, the detention pond and all utility lines placed on the donated
property similar to other Ci!y facilities.
6. The regional detention site planned by the City which will use a portion of this
<<
property will be of sufficient size that the developable property to the west, Tax
Map No. 5S-2W-13:100 and Tax Map No. 5S-1W-188C:4000, which is currently
owned by the Property Owner, will not be required to construct additional small
detention sites or pay additional fees in lieu of this construction requirement, at
various locations as the property develops. System Development Charges
(SDC), including storm water SDC, and all other development fees shall be
collected at the time this property is developed at the rates that are in effect at
the time of development of the property.
. .'
Page 2 - Agreement Accepting Property Donation
.. ....." "r
The City has utilized outside consulting services to calculate the drainage
requirements created by development of the property. The Property Owner
shall be required to provide all the storm drainage piping systems to convey the
storm water to the regional detention site. However, if technically possible, with
City Engineers approval, some storm water from the affected property, located in
the vicinity of Austin Avenue and De Santis Drive may drain to the north, The
City shall, independently, make all decisions on the sizing, slopes and other
criteria for development of the detention facility. Standard utility easements, as
required by the city, shall be provided by the Property Owner for the piping
systems for carrying storm water from private property to the detention site.
7. For a period of 10 years after the date of this Agreement, if City drills a well on
the donated property and if this well causes the irrigation well, located northwest
of Smith Drive, currently in use on Property Owner's property to go dry or to
produce a reduced amount of water, then City shall pay the sum of up to $4,500
as liquidated damages to Property Owner for any year in which this condition
occurs. If the irrigation well production is at least 80 percent of the tested
baseline flow, no liquidated damages shall be paid, If the irrigation well
production is from 20 to 80 percent of the tested baseline flow, liquidated
damages shall be prorated in accordance with the percentage of the water flow
reduction. If the irrigation well production is less than 20 percent of the tested
baseline flow then liquidated damages in full for entire property shall be paid.
The parties have calculated and agreed to this payment formula as a fair
approximation of damages and not as a penalty. [These damages a're calculated
as the difference between irrigated ($130) and non-irrigated {$100)rent, or $30.
$30 x 150 acres = $4,500.] The parties agree that damages under this
Agreement shall be limited to this amount annually for a maximum duration of 10
years after the date of this Agreement. No payments shall be made by the City
for water reduction at the existing irrigation well if the Property Owner develops
the affected property, sells the affected property, abandons the well or puts the
affected property to a use that does not require utilization of irrigation water.
The City will be allowed to enter the Property Owner's property and conduct
evaluations and tests for water production, to verify the dry condition or to verify
the existing well water flow'in the future. The Property Owner has permitted City
access to conduct a flow test and a baseline flow of 525 gallons per minute has
been established. The Property Owner will provide documentation to the City
Engineer on any reduced water flow from the irrigation well and allow the City
access to conduct well flow tests that the City may require,
8. This Agreement contains the entire and integrated agreement between the
parties and supersedes all prior written or oral discussions, representations or
agreements, In case of conflict among these documents the provisions of this
Agreement shall control.
. .'
Page 3 - Agreement Accepting Property Donation
.. '9'" 1r
IN WITNESS WHEREOF I the parties have caused this Agreement to be
executed by their duly appointed officers on the date first indicated below,
Hazel M. Smith, Trustee of the Hazel M. Smith Revocable Living Trust
By: ;Y~~L~/ I~
Name: azel M. ~mith
Date: J/- /1. - d~
.
State of Oregon )
County of Marion )
Subscribed and Sworn before me this -1.b. day of ~ou .
,2002
.'
, ,
-
OFFICIAL SEAl
RANDY SCOTT
NOTM" PUBUC.QREGON
COMMISSION NO. 357628
tit COMMISSION E)(?IRES MAY g. 2006
Notary, . for Oregon
My Commission Expires: ~
. ...
Page 4 - Agreement Accepting Property Donation
....'T
City of Woodburn
~ric1/b
Name: John C. Brown
Title: City Administrator
Date: 11- /3 -02.--
State of Oregon )
County of Marion )
Subscribed and Sworn before me this /.3~ day of A.hv ~ b.ltr I 2002
_ OFRCIALSEAl
MARY I. TEIUIT
I NOTARY PlJ8UC..OREGON
COMMISSION NO, 329235
ur co.t.tSSIlN EXPfES t<<JV. 27, 2003
fY} C.- ~
Notary ~IiC for Oregon
My Commission Expires: //-d.-7~ a.o03
."
4 .'
Page 5 - Agreement Accepting Property Donation
.
EXHIBIT "A"
LEGAL DESCRIPTION
TAX MAP NO. 5S-1W-18BC:4100
Beginning at a point in the center line of Settlemier Avenue in the City of Woodburn. Marion County.
Oregon, which point is also the Northeast comer of a tract of land ronveyed to O. F. Mulkey and May
Mulkey. husband and wife, by that certain Instrument dated Jan. 26. 1938 and recorded May 12, 1938 in
Volume 233, Page 217. Deed Records for Marion County. Oregon. Said beginning point being also North
180 35' East, 330.45 feet from the intersection of the center line of said Settlemier Avenue with the center
line of Tout Street; thence North 860 45' West along the North line of the above-mentioned Mulkey tract.
605.88 feet to the Northwest comer of said Mulkey tract and the Southwest comer of a'tract of land
conveyed to Samuel E. Zollinger and Laura J. Zollinger, husband and wife, by that certain instrument dated
June 5, 1944 and recorded June 9, 1944 In Volume 303, Page 584. Deed Records for Marion County,
Oregon: thence North 180 35' East 153.78 feet to the most Westerly Northwest comer of said Zollinger trad;
thence South 870 30' East 399.77 feet to the re-entrant romerof said Zollinger tract: thence Northerty along
a Wester1y line of said Zollinger tract 53.6 feet to a point which Is South 16- 48' West 295.0 feet from the
SouthweSt comer of a tract of land conveyed to Robert J. Wellman and Virginia A. Wellman. husband and
wife, by deed dated June 12. 1952 and recorded June 16. 1952 in Volume 440. Page 665, Deed Reocn1s
for Marion County, Oregon: thence South 750 07' East parallel to the Southerty line pf said Wellman tract.
203.5 feet, more or less. to the center line of Settlemier Avenue. thence Southerty. along the center of said
Settlemier Avenue 171.72 feet. more or less. to the point of beginning,
l
SMITH
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PARCEL 2
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Hazel Smith 7
PARCEL ONE
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14
After recording return to:
City of Woodburn
190 Garfield Street
Woodburn, OR 97071
Until a change is requested all tax statements
shall be sent to the following address: .
Cit'; of Woodburn
190 Garfield Street
Woodburn, OR 97071
File No.: 7084-306311 (OJE)
Date: December 20,2003
STATUTORY WARRANTY DEED
HAZEL M. SMITH PROPERTIES, LLC, an Oregon Limited Liability Company, Grantor, conveys
and warrants to City of Woodburn, an Oregon Municipal Corporation, Grantee, the following
described real property free of liens and encumbrances, except as specifically set forth herein:
Beginning at a point on the South boundary line of Block 3, SMITH'S ADDmON marking the
most Westerly Northwest corner of that tract of land described in Reel 2027, Page 84, Deed
Records for Marion County, Oregon which point bears South 860 53' 47" East 486.88 feet
from the Southwest corner of Lot 4, Block 9, SMITH'S ADDmON NO.2 as platted and
recorded in Volume 29, Page 43, Book of Town Plats and being situated in the Northwest
quarter of Section 18, Township 5 South, Range 1 West of the Willamette Meridian in Marion
COllnty, Oregon; thence South 180 26' 43" West along the Westerly linl! of said tract
der~ribed in Reel 2027, Page 84, and the SoUthwesterly projection thereof, a distance of
292.58 feet; thence North 670 31' 35" West 391.78 feet; thence North 220 28' 25" East
161.34 feet to a point on the South line of said SMITH'S ADDmON NO.2; thence South 860
53' 47" East along said South line, a distance of 393.50 feet to the Point of Beginning and
containing 2.00 acres of land, more or less.
SEE AGREEMENT ACCEPTING PROPERTY DONATION ATTACHED HERETO AND MADE A PART
HEREOF.
This property is free from liens and encumbrances, EXCEPT:
1. Covenants, conditions, restrictions and/or easements, if any, affecting title, which may appear in
the public record, including those shown on any recorded plat or survey.
Page 1 of 2
C-bnsldlraltm: j Iff
APN: R14768
Statutory Warranty Deed
- continued
File No,: 7084-306311 (DlE)
Date: 12/20/201)3
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPUCABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING
THIS INSTRUMENT, THE PERSON ACQUIRING FEE TIllE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO
DETERMINE ANY UMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTlCES AS DEFINED IN
ORS 30.930.
The true consideration for this conveyance is $GIFT. (Here comply with requirements of ORS 93.030)
Hazel M. Smith Properties, LLC
STATE OF Oregon )
)ss.
County of Marion ) ~ ,11A. 0..
This instrument was acknowledged before me on this d!idaY of ~^ ) w.Jlljtfj{~..Q!2
by Hazel M. Smith. ~
fOL{);tJt~F UM~.
OFfiCIAL SEAL I - -, 'tJ
DOROTHEA J EWING
_ NOlARY PUBLICO. 03R3E1G70e: Notary Public for Oregon Ie
. COMMISSION N . .. . ~ I / '
MVCOMMISSlON EXPIRES MAV 27. 2004 My commiSSion expires: .J ) 'r;2 7 / (!)~
Page 2 of 2
~~" "....
CITY OF WOODBURN DEED ACCEPTANCE
THE CITY OF WOODBURN, AN OREGON MUNICIPAL CORPORATION ACCEPTS THE STATUTORY
WARRANTY DEED DATED DECEMBER 20, 2003 FOR THE FOLLOWING LEGAL DESCRIPTION WHICH
IS DESCRIBED IN THE STATUTORY WARRANTY DEED DATED DECEMBER 20, 2003 AND MORE
COMMONLY KNOWN AT TAX MAP NO. 5-1W-18BC-4000.
~R----
Randy..kOhman, Program Manager
City of Woodburn
Public Works Department
State of Oregon
County of Marion
This instrument was acknowledged before me this 02l(~ of December 2003 by Randy
Rohman.
_OFFICIAL SEAL
DOROTHEA J EWING
. NOTARY PUBLIC - OREGON
COMMISSION NO. 331789
MY OOMMISSION EXPIRES MAY '0. 2004
orothea J. Ewing
Notary Public
Commission Expires: May 27, 2004
.. "<IF'" T"
AGREEMENT ACCEPTING PROPERTY DONATION
, ,
This AGREEMENT ACCEPTING PROPERTY DONATION is entere~ into this ~day
of No \J GYY\ ht"'~"', 2002, by and between Hazel M. Smith, Trustee of the Hazel M.
Smith Revocable Living Trust (hereafter "Property Owner"), and the City of Woodburn,
an Oregon municipal corporation (hereinafter "City").
WHEREAS, the Property Owner will donate property described by Tax Map No.
5S-1W-18BC:4100 and described in the attached legal description to the City subject to
certain conditions; and
WHEREAS, the Property Owner will donate property from Tax Map No. 5S-2W-
13:100 or Tax Map No. 5S-1W-18BC:4000 to the City subject to certain conditions; and
WHEREAS, the Property Owner will provide the City an option to purchase
property from Tax Map No. 5S-2W-13:100 or Tax Map No. 5S-1W-18BC:4000 subject
to certain conditions; and
WHEREAS, the City has negotiated with the Property Owner and certain
conditions for property donation and purchase option have been agreed upon; and
WHEREAS, the Property Owner, is willing to donate and offer. a purchase option
on property described in this Agreement subject to the negotiate~ conditions and the
City is willing to accept the donated property and option to purchase at the City's
discretion property described in this Agreement subject to the heg9tiated conditions;
NOW, THEREFORE, in consideration of those mutual 'promises and the terms
and conditions set forth hereafter, the parties agree as, follows:
1. Initial Donation of Property:
A. Property Owner shall convey as an initial donation 2.33 acres of property
described in the legal description attached as Exhibit "A". The conveyance of
this property and documentation of legal transfer of this property must be
completed prior to December 31,2002 and within sixty (60) day~ of a complete
appraisal of the described property or all provisions of this agreement are voided,
Page 1 - Agreement Accepting Property Donation
1
T" "T
2. Additional Property Donation and Property Purchase Option:
A. Property Owner shall convey by donation two (2) acres from the property to
the west, Tax Map No. 5S-2W-13:100 or Tax Map No. 5S-1W-18BC:4000, to the
City in the year 2003. , I
I
S. Property Owner will give the City a conditional option to purchase one (1)
acre from the property to the west, Tax Map No. 5S-2W-13:100 or Tax Map No.
5S-1 W-18BC:4000 subject to the following conditions:
a. The price for this one (1) acre property parcel is established at
$70,000.00 by the Property Owner.
b. The conditional option is only available to the City in the year 2003.
C. Property Owner shall convey by donation two (2) acres from the property to
the west, Tax Map No. 5S-2W-13:100 or Tax Map No. 5S-1W-18BC:4000, to the
City in the year 2004.
D. The property to be donated in 2003 is indicated as parcel 1 on the map
attached as Exhibit liS". There may be deviations to boundaries of parcels 2
and 3, however, acreage will remain as indicated.
3. The City will provide the Property Owner appropriate documentation that the City
has accepted the donation of the property at a value that will be determined by
an appraisal that will be done by the City.
4. The donated property shall be used by the City for a combination of a water
production well, a regional storm water detention pond and any ~nd all utility
lines required for City uses.
5. The City will provide for the completion of all document preparation for the
donation of the property and any other costs associated with the ownership
transfer of the property. The City will construct and maintain the water
production well, the detention pond and all utility lines placed on the donated
property similar to other City facilities.
6. The regional detention site planned by the City which will use a portion of this
property will be of sufficient size that the developable property to the west, Tax
Map No, 5S-2W-13:100 and Tax. Map No. 5S-1W-18BC:4000, which is currently
owned by the Property Owner. will not be required to construct additional small
detention sites or pay additional fees in lieu of this construction requirement, at
various locations as the property develops. System Developm~nt Charges
(SDC), including storm water SDC, and all other development fees shall be
collected at the time this property is developed at the rates that are in effect at
the time of development of the property.
Page 2 - Agreement Accepting Property Donation
.. T' T'
The City has utilized outside consulting services to calculate the drainage
requirements created by development of the property. The Property Owner
shall be required to provide all the storm drainage piping systems to convey the
storm water,to the regional detention site. However, if technically possible, with
City Engineers approval, some storm water from the affected,property, located in
the vicinity of Austin Avenue and De Santis Drive may drain to the north. The
City shall, independently, make all decisions on the sizing, slopes and other
criteria for development af the detention facility. Standard utility easements, as
required by the city, shalf be provided by the Property Owner for the piping
systems for carrying storm water from private property to the detention site.
7. For a period of 10 years after the date of this Agreement, if City drills a well on
the donated property and if this well causes the irrigation well, located northwest
of Smith Drive, currently in use on Property Owner's property to go dry or to
produce a reduced amount of water, then City shall pay the sum of up to $4,500
as liquidated damages to Property Owner for any year in which this condition
occurs. If the irrigation well production is at least 80 percent of the tested
baseline flow, no liquidated damages shall be paid, If the irrigation well
production is from 20 to 80 percent of the tested baseline flow, liquidated
damages shall be prorated in accordance with the percentage of the water flow
reduction. If the irrigation well production is less than 20 percent of the tested
baseline flow then liquidated damages in full for entire property shall be paid.
The parties have calculated and agreed to this payment formula as a fair
approximation of damages and not as a penalty. [These damages are calculated
as the difference between irrigated ($130) and non-irrigated ($100)rent, or $30.
$30 x 150 aCfes = $4,500.] The parties agree that damages under this
Agreement shall be limited to this amount annually fOf a maximum duration of 10
years after the date of this Agreement. No payments shall be made by the City
for watef reduction at the existing irrigation well if the Property Owner develops
the affected property, sells the affected property, abandons the well or puts the
affected property to a use that does not require utilization of irrigation water.
The City will be allowed to enter the Property Owner's property and conduct
evaluations and tests for water production, to verify the dry condition or to verify
the existing well water flow in the future. The Property Owner has permitted City
access to conduct a flow test and a baseline flow of 525 gallons per minute has
been established. The Property Owner will provide documentation to the City
Engineer on any reduced water flow from the irrigation well and allow the City
access to conduct well flow tests. that the City may require.
8.
This Agreement contains the entire and integrated agreement Q~tween the
parties and supefsedes all prior written or oral discussions, reprasentations Of
agreements. In case of conflict among these documents the provisions of this
Agreement shall control.
Page 3 - Agreement Accepting Property Donation
T"'r
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed by their duly appointed officers on the date first indicated below.
Hazel M. Smith, Trustee of the Hazel M. Smith Revocable Living Trust
By: ;Y~~L~,' f~
Name: azel M. ~mith
Date: J / - /.:t - d "2..---
.
. State of Oregon )
County of Marion )
Subscribed and Sworn before me this --1.b. day of -.1l 0 U · , 2002
. hIE--
aJ
Notary, . for Oregon
My Commission Expires: ~
11 I'
_OFFICiAl SEAL
RANDY SCOlT
. NOTAR" PU8UC-QREGON
COMMISSION NO. 357628
MY COMMISSION EXPIRES MAY g, 2006
Page 4 - Agreement Accepting Property Donation
.. .'y ..'.
, .
.
City of Woodburn
BY:?s!~.
Name: John C. Brown
Title: City Administrator
Date: J 1-/3-0L:.-
State of Oregon )
County of Marion )
, , t!.
Subscribed and Sworn before me this /3 day of ,A.lJ1lt.M.b.ll.r ,2002
_OFFICIAl SEAl
MARY E. TEIIIlIT
z' NOTARY PU8UC.QREGON
COMMISSION NO. 329235
Mf COMt.ISSIlN E)(JftS Mlv. 27, 2003
fYl c..- ~J
Notary ~lic for Oregon
My Commission Expires: / /-J.. 7 ' a.003
i I
Page 5 - Agreement Accepting Property Donation
T' 'T
EXHIBIT "A"
LEGAL DESCRIPTION
TAX MAP NO. 5S-1W-18BC:4100
Beginning at a point in the center line of Settlemier Avenue in the City of Woodburn. Marion County,
Oregon, whidl point is also the Northeast comer of a tract of land conveyed to O. F. Mulkey and May
MUlkey. husband and wife, by that certain instrument dated Jan. 26. 1938 and recorded May 12, 1938 in
Volume 233. Page 217. Deed Records for Marion County. Oregon. Said beginning point beinQ'also North
180 35' East. 330.45 feet from the intersection of the center line of said Settlemier Avenue with the center
line of Tout Street; thence North 860 45' West along the North line of the above-mentioned Mulkey tract,
605.88 feet to the Northwest comer of said Mulkey tract and the Southwest comer of a 'tract of land
conveyed to Samuef E. Zollinger and Laura J. Zollinger, husband and wife, by that certain instrument dated
June 5, 1944 and recorded June 9. 1944 in Volume. 303. Page 584. Deed Records (or Marion County.
Oregon; thence North 18035' East 153.78 feet to the most Wester1y Northwest comer of said Zollinger tract;
thence South 870 30' East 399.n feet to the re-entrant comer of said Zollinger tract; thence Northerly along
a Wester1y line of said Zollinger tract 53.6 feet to a point which Is South 16048' West 295.0 feet from the
Southwest comer of a trad of land conveyed to Robert J. Weflman and Virginia A. Wellman, husband and
wife, by deed dated June 12, 1952 and recorded June 16. 1952 in Volume 440. Page 665. Deed Reocrds
for Marion County. Oregon; thence South 750 07' East parallel to the Southeny line of said Wellman tract.
203.5 feet, more or less. to the center line of Settlemier Avenue, thence Souther1y, along the center of said
Settlemier Avenue 171.72 feet. more or less. to the point of beginning.
4'00 - --
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REEL:2255
PAGE: 14
December 26, 2003, 11:27 am.
CONTROL #: 103822
State of Oregon
County of Marion
I hereby certify that the attached
instrument was received and duly
recorded by me in Marion County
records:
FEE: $ 71.00
ALAN H DAVIDSON
COUNTY CLERK
THIS IS NOT AN INVOICE.
1
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PARCEL TWO
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Reel Page
2273 229
'( "!oJ" Il,
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THIS SPACE RESERVED FOR RECORDER'S USE
After recording return to:
City of Woodburn
190 Garfield St
Woodburn, OR 97071
Untll a change Is requested all tax statements
shall be sent to the following address:
City of Woodburn
190 Garfield St
Woodburn, OR 97071
File No.: 7084-317868 (DJE)
Date: February 04, 2004
STATUTORY WARRANTY DEED
HAZEL M. SMITH PROPERTIES, LLC,an Oregon Umlted Uabllity Company, Grantor, conveys and
warrants to CITY OF WOODBURN, an Oregon Municipal Corporation, Grantee, the following
described real property free of liens and encumbrances, except as specifically set forth herein:
Parcell of Partition Plat Number 94-110, recorded September 9, 1994, In Reel 1191, Page
280, Film Records, City of Woodburn, Marlon County, Oregon.
SAVE AND EXCEPT all that portion thereof conveyed to the City of Woodburn by deed
recorded January 11, 2001, In Reel 1,743, Page 184, Film Records, as follows:
A strip of land, being a part of the remaining portion of that tract of land described in deed
recorded in Reel 832, Page 23, Marion County Deed Records, Tax Lot Identification No.
44126-000, located In the Southeast one-quarter of Section 13, Township 5 South, Range 2
West of the Willamette Meridian in the County of Marlon and State of Oregon.
The Southerly 10 feet of the Easterly 393.41 feet of the Westerly 1755.30 feet of said tract
described in Reel 832, Page 23, the Easterly limit of said strip falling on the Westerly line of
Parcel 3 as delineated on land Partition Plat 94-110, as recorded September 9, 1994 In Reel
1191, Page 280, Microfilm Records of Marion County, and said strip being contiguous with
the North right-of-way line of Parr Road, (County Road No. 517), said North right-of-way
line being 30 feet North of centerline.
SEE AGREEMENT ACCEPTING PROPERTY DONATION ATTACHED HERETO AND MADFE A PART
HEREOF
Page 1 of 2
CoTt5ldirahDt1; ,~ r-ft
· 'T. t'
APN: R14752
Statutory Warranty Deed
. continued
File No.: 7084-317868 (OlE)
Date: 02/04/2004
This property is free from liens and encumbrances, EXCEPT:
1. Covenants, conditions, restrictions and/or easements, If any, affecting title, which may appear in
the public record, including those shown on any recorded plat or survey.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERlY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPUCABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING
THIS INSTRUMENT, THE PERSON ACQUIRING FEE 11TLE TO THE PROPERlY SHOULD CHECK WITH THE
APPROPRIATE CIlY OR COUNlY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO
DETERMINE ANY UMITS ON LAWSUITS AGAINST FARMING OR FOREST PRAcnCES AS DEFINED IN
ORS 30.930.
The true consideration for this conveyance Is $GIFT. (Here comply with requirements of ORS 93.030)
Hazel M. Smith Properties, LLC, an Oregon
Limited Liability Company /'
~"
STATE OF
)
)ss.
County of Marion )
This instrument was acknowledged before me on this IOtb-day of j~11P~ .20f2i-
by Hazel M.5mlth. V C~ ·
~~L2=r ~
Dorothea J Ewing
Notary Public for Oregon
My commission expires: May 27,2004
Oregon
_OFFICIAL SEAL
DOROTHEA J EWING
" } NOTARY PUBLIC - OREGON
",,/ COMMISSION NO, 331789
MY COMMISSION EXPIRES MAY 27, 2004
Page 2 of 2
...
'Y" T
CITY OF WOODBURN DEED ACCEPTANCE
THE CITY OF WOODBURN, AN OREGON MUNICIPAL CORPORATION ACCEPTS THE STATUTORY
WARRANTY DEED FROM HAZEL M. SMITH PROPERTIES, LlC. DATED FEBRUARY 4, 2004 AND THE
LEGAL DESCRIPTION IT DESCRIBES WHICH IS ALSO KNOWN AS TAX MAP NO. S-2W-13-100.
Randall Rohman, Program Manager
Public Works Department
STATE OF OREGON
COUNTY OF MARION
This instrument was acknowledged before me, Dorothea J Ewing, Notary Public, this
ruary 2004 by Randall Rohman on behalf of the City of Woodburn.
'IJ..
5- day of
_OFFICIAL SEAL
DOROTHEA J EWING
. NOTARy' PUBLIC - OREGON
I ,:.l COMMISSION NO. 331789
~ COPIHISSIC!J EXPIRES MAY '/1, 2004
Dorothea J Ewing, Notary P c
Commission Expires: May 7 2004
.. ..T t"
REEL:2273
PAGE: 229
February 11, 2004, 11:18 am.
CONTROL #: 106813
State of Oregon
County of Marion
I hereby certify that the attached
instrument was received and duly
recorded by me in Marion County
records:
FEE: $ 71.00
ALAN H DAVIDSON
COUNTY CLERK
THIS IS NOT AN INVOICE.
I 'Y' T
1;( REC'O 1;(
JUN 1 6 2003
PRE-APPLICATION FOR ANNEXATIO~oODBuRNcOMMUNll'{
DEVELOPMENT DEPT.
Prellminarv Site Plan:
The proposed use for the annexed property is for a storm water detention area.
A copy of the proposed detention area is attached.
Public Works Deoartment Certification:
The City of Woodburn Public Works Department certifies that public facilities
have adequate capacity to serve the proposed annexation and development of
the regional detention facility.
~~
Randall Rohman, Public Works Program Manager
$ChoollFlre District Imoacts:
c:
, ' The regional detention facility will place no impact on either the Woodburn
School District or the Woodburn Fire District since no building or facility will be
constructed as part of the development.
Traffic Generation:
The regional detention facility will generate no daily traffic. Maintenance of the
facility will require periodic trips but there frequency would make traffic impacts
insignificant.
Surrounded Prooertv:
No property will be surrounded by the city as part of this annexation.
,
.
... . W'
* REC'O *
JUN 1 6 2003
COMPREHENSIVE PLAN RESPONSE WOODBURN COMMUNITY
DEVElOPMEi~T DEPT.
PRE-APPICA liON FOR ANNEXA liON
D. Annexation Goals and Pollcl..:
(
The parcel to be annexed is contiguous to the city limits on two sides.
Annexation promotes a cohesive land use since it is planned for public use and
adjoins land used for two distinct public uses, a municipal water supply well and
a portion of a regional storm water detention facility. Expansion of the regional
stonn water detention facility on this land will enhance the growth opportunities
for the city and improve the storm water quality. Annexation d this property is in
conformance with city's infrastructure master plans and improvements are
included in the Storm Ws!er Master Plan. The annexation provides for the
efficient extension of city facilities and services. Annexation of this parcel for
public use adjacent to other property in public use allows a balance between
public facilities, residential and other uses.
The proposed property for amexation already has an identified public use. This
application complies with annexation policies.
H. fubllc ServIces Goals and Pollcl..:
This property will be used for a regional storm water detention facility that will
improve the quality of the city's storm water and reduce flooding potential. The
regional storm water detentioo facility will also serve to meet growth needs within
the city.
I. Wastewater Goals and Policies:
The regional storm water detention facility will not impact the city's wastewater
treatment facility.
(
I .....'" 'Y"
J. Water Goals and Policies:
This property will be used a regional storm water detention facility that will
improve the quality of the city storm water and provide for detention of storm
water runoff to reduce the potential for flooding during periods of heavy rain. The
regional storm water detention facility will also assist the city to comply with
anticipated rtfNI regulations regarding storm water quality.
The regional storm water detention facility that will be built on this property will be
part of the implementation of the capital improvements caned for in the city's
Storm Water Master Plan.
L Growth Goals:
('.
The regional storm water detention facility planned for this property will ensure
areas added to the city in future years near the site of the detention area will
have a environmentally SOU'ld area for detention of generated storm water. The
proposed annexation is within the urban growth boundary. The property is
adjacent to a public use property and public use is the best use due to this fact.
The proposed regional storm water detention facility to be built on this site is part
of the city's Storm Water Master Plan capital improvement program.
M. ~rowth and Urbanization Policies:
The proposed use of this property is consistent with the Comprehensive Plan.
Annexation of this property is consistent with the goal of logical and orderly
development of the city.
R. Recreation and Parks Goals and policies:
This proposed annexation is adjacent to an existing city park. The area will
increase green space in the city and may in the Mure be co-developed for a
beneficial park use.
l
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JULY 2001
* REC'O *
JUN 1 6 200
WOODBURN COMMUNITY
~MENT DEPT.
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CRANE at J/ERSETH PROPOSED CAPITAL IMPROVEMENT
EngineeringjSunlelling STUBB RD DETENTION
e5e6 SE IN([ ReI., sum: D
WlLWNJtCI[. 0IlE00N 87222 Ci l Y of Woodburn
= ~ ==::: STORM DRAINAGE MASTER PLAN
F1CURE
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i- Naomi Zwerdling - city annexation settlemier,doc
ATTACHMENT C
1;( REC'O 1;(
AUG 0 4 2004
ANNEXATION 4-01
ZONE CHANGE 04-01
PROPERTY LINE ADJUSTMENT -02 & 03
WOODBURN COMMUN!TY
DEVELOPMENT DEPT.
PUBLIC WORKS
GENERAL CONDITIONS
1. Public service, water, wastewater and storm sewer can be provided from
the existing sanitary sewer main traversing through the property.
2. The property is subject to a Federal Emergency Management Agency
(FEMA) regulated floodway traversing through the site, future develop
shall comply appropriate city ordinances and FEMA regulatory
requirements.
3. A water course maintenance easement will not be required as per Section
3.102.04C of the Woodburn Development Ordinance, this is city owned
and controlled property, after obtaining the proper approvals and permits
the boundary or alignment of the existing watercourse will change with the
proposed improvement.
T
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ATTACHMENT C
WOODBURN PLANNING COMMISSION
August 26, 2004
CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall Council
Chambers with Chairperson Lima presiding.
ROLL CALL
Chairperson
Vice Chairperson
Commissioner
Commissioner
Commissioner
Commissioner
Lima
Young
Vancil
Grigorieff
Knoles
Bandelow
P
A
P
P
P
P
Staff Present:
Jim Mulder, Community Development Director
Naomi Zwerdling, Senior Planner
Chairoerson Lima provided an opening statement for Public Hearing.
MINUTES
A. Woodburn Planning Commission Minutes of Auaust 12. 2004
Commissioner Bandelow moved to accept the minutes as presented. Commissioner Knoles seconded the
motion, which unanimously carried,
BUSINESS FROM THE AUDIENCE
None
COMMUNICATIONS
A. Woodburn Citv Council Minutes of July 26. 2004
B. Woodburn City Council Minutes of August 9. 2004
C. Postponement of City Council/Planning Commission Work Session scheduled for Auaust 30.
2004.
Staff indicated several City Councilors will not be able to make that session. It has been tentatively scheduled
for Tuesday, September 7, 2004. Written materials on the Transportation System Plan will be delivered early
next week for review if the work session is confirmed to be September 7'h, Staff also commented the
Commission will be quite busy fairly soon when the Periodic Review package goes forward because there will
be a few work sessions to review that entire package. He stated that may be as soon as the middle to end
of September,
PUBLIC HEARING
A. Annexation 04-01. Zone Chanae 04-01. Property Line Adiustment 04-02 and Property Line
Adiustment 04-03. reauest to annex 3.1 acres of land and zone chance from UTF to RS located
at 515 Settlemier Ave.. City of Woodburn. apolicant. (Continued from the Auaust 19. 2004
Planning Commission meetina to the Aucust 26. 2004 Plannina Commission meetinal.
Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report.
TESTIMONY BY THE APPLICANT
Randv Rohman. City of Woodburn Public Works Deoartment. 270 Montoomerv St.. Woodburn. OR 97071
He reported the area already existing is part of a natural drainage way and the water tends to flow to the
drainage system that goes through Settlemier Park and eventually to Mill Creek, He explained a regional
Planning Commission Meeting - August 26, 2004
Page 1 of 4
.. 'IF' , 1"
detention facility retains water, it does not store water. During a larger than normal storm, the water would
be detained in the area and would flow in at a faster rate and allowed out of the area at a slower rate so that
the existing Mill Creek drainage is not overloaded, Mr, Rohman further indicated the water would flow right
through during a light rain storm. The facility will be designed to get a maximum design flow and the water
will be detained in the area up to as long as 3-4 days at the very maximum. The vast majority of water would
drain out of it over a period of 2-3 days. He explained as the two large lots develop into residential property,
there would not be required to have any detention area in that development. The land that is used for
detention would be freed up for residential use and there really is no net 1055 of residential type buildable
properties through this application.
Commissioner Vancil inquired whether this would be similar to the Nelson Park center?
Randv Rohman replied that would be a very good example.
Commissioner Bandelow asked how much modification needed to be made in order to be able to utilize it in
that manner?
Randv Rohman stated there will be some dirt that will have to be removed and rearranged. He indicated there
are some areas now where there is some ponding. There will be some earth work and activity involved that
will need to be done to provide the capacity within that detention area. Mr, Rohman clarified there may be
some City utilities in the future but there will be no structures. It will be an open area planted in grasses
however, there are no plans at this time to make it a park,
Commissioner Bandelow also questioned whether they will create deep areas?
Randv Rohman responded they will use the natural drainage as much as they can and they may have to take
out some more to add additional detention volume in that area. He also mentioned the proposed use for the
Annexation will benefit the large property because there would be no detention requirements for that
residential property as it develops in the future,
Commissioner Vancil congratulated Mr. Rohman's staff on the excellent job done with the well house facility
and hoped it will look that good five years from now.
TESTIMONY BY PROPONENTS
Hazel Smith. 105 Ben Brown Lane. Woodburn. OR 97071 approved the Annexation and was looking forward
to knowing what boundary there will be between that area and her farmland.
TESTIMONY BY OPPONENTS
Robert RaDolevea. 630 Smith Dr.. Woodburn. OR 97071 commented he was not sure he was an opponent.
He asked whether this will solely be used as a storage area for water? He also reported it has flooded back
there because it is a natural storage area and wondered if there would be any more increase that would flood
more if the pond is put in or would it control the flood more?
APPLICANT REBUTTAL
Randv Rohman responded it is solely intended for storage and it is to be designed to such a point as there
will not be any overflow of the area. It has been designed for the 100 year storm event plus a little greater
capacity than that to detain the water. However, he could not say that it would never cause any flooding
problems but the chances of it are extremely slight. Mr, Rohman also pointed out it does form a natural
ponding now because there is some unevenness in elevation but that will be eliminated and once it flows out
there should not be any water left because it will flow to the draining point.
DISCUSSION
Chairoerson Lima closed the public hearing and opened discussion among the Commission.
Chairoerson Lima did not see any problems with the project.
Planning Commission Meeting - August 26, 2004 Page 2 of 4
...... ' 'r
Commissioner Knoles commented it seemed to be a pretty straight forward project. However, he asked
whether boundaries will be marked so the other surrounding property could be more defined or will the
property be designated so when the adjoining uses could be done without either infringing on our property or
we infringing on theirs?
Randv Rohman replied the property was surveyed and property markers were placed on the corners, He
stated they will go out and re-identify where those corners are once this is all completed and annexed,
Commissioner Bandelow felt the project made sense and met the City requirements, She stated she was in
favor of the project.
Commissioner Vancil and Commissioner GriQorieff both indicated they too were in favor of the project.
Commissioner Vancil made a motion to approve Annexation 04-01, Zone Change 04-01, Property Line
Adjustment 04-02 and Property Line Adjustment 04-03 and requested Staff return with facts and findings.
Commissioner Bandelow seconded the motion. Motion unanimously carried.
ITEMS FOR ACTION
A. Final Order for Desian Review 04-04. Variance 04-16 and Variance 04-17. tenant soace
imorovements to an exlstlna shooolna center includina a new two-lane drlve-thru bank facilitv:
Variance to landscaoe standards and to allow for oarklna soaces to be allowed In the 15 ft.
setback adiacent to the street. located at 1655 Mt. Hood Ave.. Mid-Valley Bank. aoolicant.
Commissioner Griaorieff stated although she was not present for the meeting, she reviewed the packet and
the draft copy of the minutes and felt comfortable in voting,
Commissioner Bandelow moved to approve the final order, Commissioner Knoles seconded the motion,
which carried unanimously.
B. Final Order for Planned Unit Develooment 04-03. Phaslna Plan 04-02. Variance 04-11. Variance
04-12. Variance 04-13. Variance 04-14 and Variance 04-18. request for PUD Preliminary Plan
aooroval and PUD Deslan Plan Final aooroval for 76 sinale family dwellina lots to be
develooed in two ohases: Request for Variance aooroval to reduce the required 55 foot
minimum lot width to 47 feet and 34.7 and 39.3 feet for cul-de-sac lots #72 and #73: Request
for Variance aooroval to reduce the required 90 foot lot deoth to 86.9 feet for lot #71 and 84.6
feet for Lot #74: Request for Variance aooroval to Increase the 35 oercent lot coveraae
requirement to 50 oercent lot coveraae for all lots: Request for Variance aooroval to the 1200
foot block lenath requirement standards: and Request for Variance aooroval to the 1200 foot
block lenath requirement located at the eastern terminus of Tukwila Drive. south of the Urban
Growth Boundary. Renaissance Develooment. aoolicant.
Commissioner Bandelow moved to approve the final order as presented by Staff and Commissioner Knoles
seconded the motion, Motion unanimously carried,
DISCUSSION ITEMS
None
REPORTS
None
BUSINESS FROM THE COMMISSION
Chairperson Lima requested that an effort be made to have more Commissioners appointed, He announced
it appeared that Royce Young is on his way out since he has missed several meetings. Chairperson Lima
also commented it is necessary to have a full Commission to operate properly, He used as an example what
occurred at the previous meeting when the meeting had to be postponed due to lack of quorum and
rescheduled as a special meeting, which turned out to be a pretty contentious meeting, Additionally, he felt
Planning Commission Meeting - August 26, 2004
Page 3 of 4
..
T" ,
the Mayor needed to take a fairly aggressive stance in recruitment as he did not feel comfortable in having
a partial Commission. He also commented a former Commissioner has volunteered to come back,
Commissioner Vancil asked the viewing public that might be interested to please contact the City Recorder,
Mary Tennant to apply,
Commissioner Bandelow requested an update regarding the enforcement of the new Sign Ordinance.
Staff reported Breah Pike-Salas, Associate Planner has been focusing on that pretty much full time. She is
currently focusing primarily on temporary signs that are in the right-of-way. Additionally, she has been dealing
with temporary signs on private property and therefore, there have been quite a few property owners that have
received visits and letters, Staff stated there has been some backlash in response to enforcement, which was
fully expected.
Commissioner Bandelow further commented it was good to see that the Ordinance is working.
ADJOURNMENT
Commissioner Bandelow moved to adjourn the meeting, Commissioner Knoles seconded the motion, which
carried unanimously, Meeting adjourned at 7:45 pm.
APPROVED~f. L~_ RPfrI . 'f lit} Y
LIMA, HAIRPE SON . r d TE '
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ATTEST I .!l..:{ '\. ~//Z.~ 2A.
Jim Mulder, ~ v
Community Development Director
City of Woodburn, Oregon
(l / i-
i- Y - ('I '
Date
Planning Commission Meeting - August 26. 2004
Page 4 of 4
T T
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.
October 11 , 2004
FROM:
Mayor and City Council through City Administrator
Jim Mulder, Director of Community Development !Jnl
TO:
./
SUBJECT: Resolution Denying Variance Application 04-10
RECOMMENDATION:
Pass the attached resolution denying Variance Application 04-10.
BACKGROUND:
The City Council, at its September 27, 2004 meeting directed staff to prepare
written findings justifying the denial of Variance Application 04-10. A resolution is
attached denying the application and adopting the necessary findings. The
City Attorney advised staff to use a resolution instead of an ordinance because
of the type of application.
DISCUSSION:
None.
FINANCIAL IMPACT
There is no financial impact associated with the recommended action.
Agenda Item Review:
City Administrato
~
City Attorney N'l ~
Finance
"." .'
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION DENYING VARIANCE APPLICATION 04-10 FOR THE PROPERTY LOCATED AT
2875 NEWBERG HIGHWAY.
WHEREAS, Variance Application 04-10 was made for variance of the standards
contained in Sections 11 (C) (5) and (6) of Woodburn Sign Ordinance No. 2092 ("the
WSO") to allow WESMAR to increase the height of its sign from the 35 foot maximum sign
height allowed by the WSO in the CG zone to 41 '/2 feet and to increase the square
footage of its sign from 75 to 140.4 square feet; and
WHEREAS, the Planning Commission conducted a public hearing on July 22, 2004,
considered the testimony, and denied the application; and
WHEREAS, WESMAR appealed the Planning Commission's denial of Variance
Application 04-10 to the City Council; and
WHEREAS, the City Council conducted a public hearing at its September 27,2004
meeting, considered the testimony, and directed staff to prepare written Findings and
Conclusions denying Variance Application 04-10; NOW THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The City Council denies Variance Application 04-10 based upon the
Findings and Conclusions contained in Exhibit "A" which are attached hereto and by
reference incorporated herein.
Approved as to form: C);. 0i:T- ~
City Attorney
/D/ls/20~+
Date / '
Approved:
Kathryn Figley, Mayor
Passed by the 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
Page 1 - Council Bill No.
Resolution No.
37
". T
EXHIBIT "A"
FINDINGS & CONCLUSIONS
Variance 04-10
I. APPLICATION INFORMATION
Applicant: Donald Kelley, Attorney for WESMAR
110 N. Second Street
Silverton, OR 97381
Property Owner: WESMAR Land Company
42874 Old Wingville Road
Saker City, OR 97814
Application Deemed Complete: June 17, 2004
120-Day Rule Deadline: October 15, 2004
II. NATURE OF APPLICATION: WESMAR Land Company ("WESMAR") requests
a variance to the standards contained in Sections 11 (C){5) and (6) of Woodburn
Sign Ordinance 2092 (lithe WSO") to allow WESMAR to increase the height of its
sign from the 35 foot maximum sign height allowed by the WSO in the CG zone
to 41 ~ feet and to increase the square footage of its sign from 75 square feet to
140.4 square feet.
III. RELEVANT FACTS: The subject site is located at 2875 Newberg Highway. It is
further identified on Marion County Assessor Maps as Township 5 South, Range
2 West, Section 12AC, Tax Lots: #4900 and 5000.
The subject property is zoned Commercial General (CG), designated commercial
on the Woodburn Comprehensive Plan Map, and is located approximately 440
feet east of Interstate-5 (1-5) and its interchange with Newberg Highway.
WESMAR is the landowner. Wendy's restaurant (2,726 square feet in size) and
associated parking spaces occupies the subject site. WESMAR owned the 41 ~
foot tall 140.4 square foot Wendy's pole sign located near the north edge of
Newberg Highway. Wendy's sign was installed before the City of Woodburn
adopted the WSO. Pursuant to the WSO, the City recognizes the sign as a non-
conforming sign. The surrounding properties are also zoned CG and designated
commercial on the Woodburn Comprehensive Plan Map. Commercial
businesses surround the subject site.
The Oregon Department of Transportation (OOOT) condemned a portion of the
subject site adjacent to Newberg Highway and has removed the nonconforming
Wendy's sign to allow for the widening of Newberg Highway. Removal of the
Wendy's pole sign, which was located on the land that ODOT is condemning, is
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part of the OOOT condemnation proceeding for which WESMAR will receive just
compensation for the property taken. WESMAR may purchase the removed sign
from ODOT or its contractor. The current Newberg Highway / 1-5 interchange
improvement is an interim improvement to the northeast quadrant of the
interchange. ODOT is planning to complete the improvement to the entire
interchange, which will require acquisition of lands, and probably signs, from
other owners in the vicinity.
Section 13(C) of the WSO requires a nonconforming sign to comply with the
provisions of the WSO if a nonconforming sign is relocated from one location to
another location. The standard contained in the WSO, which was applicable until
July 1. 2004, allowed a freestanding sign up to a maximum height of 35 feet and
a maximum area of 75 square feet. WESMAR submitted variance and sign
permit requests to enable the removed nonconforming sign to be relocated on
the subject property.
The variance application was filed on May 27,2004. Consequently, it is subject
to the standards in the WSO, not the newly adopted sign ordinance incorporated
into the Woodburn Development Ordinance (WOO) effective July 1, 2004.
WESMAR requests a variance from Section 11 (C){5) and (6) of the WSO to allow
the relocated free standing sign to exceed the required 35 foot maximum sign
height and 75 square foot maximum sign area allowed in the CG zone for an
individual business. The height variance is to exceed the maximum standard by
6.5 feet and the area variance is to exceed the maximum standard by 65.4
square feet.
On the same day that WESMAR filed the variance request to relocate the
nonconforming sign, it filed a separate sign permit application for a new Wendy's
sign that would be 15 feet and 10 inches tall with an area of 54 square feet. The
requested sign permit, for a sign that is shorter and smaller than what is allowed
by the WSO, was administratively approved on June 28, 2004 and the sign has
been placed on site.
IV. RELEVANT APPROVAL CRITERIA:
WOODBURN SIGN ORDINANCE (Ordinance 2092)
Section 11(C)(5) and (6). Signs in Commercial and Industrial Zones
Section 13. Nonconforming Signs
WOODBURN DEVELOPMENT ORDINANCE (WDO)
Section 5.103.11 Variance
V. BURDEN OF PROOF. The applicant for a land use application has the burden
of proving that the application meets all applicable approval standards. Fasano
v. Washinqton Co. Comm., 264 Or 547, 586, 507 P2d 23 (1973). It is also the
applicant's legal responsibility to make certain that the record is adequate to
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39
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support granting the application. Toth v. Curry County, 22 Or LUBA, 488, 493
( 1991 ).
VI. FINDINGS:
WOODBURN SIGN ORDINANCE (Ordinance 2092)
Section 11. Zoning District Regulations
C) Signs in Commercial and Industrial Zones
No sign or outdoor advertising of any character shall be permitted in a CR,
CG, 10, CB, IS, IP, IL or IH zoning district except the following:
(1) A total of 2 signs per each business, which may be wall signs
or roof signs, the total combined area of which shall not
exceed 50 square feet or 1 square foot per foot of frontage,
which ever is greater.
(2) Only one projecting or free standing sign is allowed per
business.
***
(5) Free standing signs are limited to a maximum height of 35 feet.
(6) Free standing signs are limited to a maximum of 75 square feet
in area.
FINDING: WESMAR is allowed only one free standing sign on the property.
One free standing sign, a 15-foot-10-inch tall sign', has been approved and
installed on the property. That approval was not conditioned on the outcome of
this application. Approval of this sign permit would allow a second free standing
sign on the property in violation of the WSO. If Variance 04-10 were approved,
a condition requiring removal of the previously installed sign would have to be
imposed so that the WSO one-sign requirement is not violated.
Section 13. Nonconforming Signs
(C) Nonconforming signs shall comply with the provIsions of this
ordinance when one or more of the following occurs.
(1) A nonconforming sign is relocated from one location to
another location.
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FINDING: ODOT condemned a portion of the subject site adjacent to Newberg
Highway to allow the widening of Newberg Highway and has removed the 41 %
foot tall and 140.4 square foot sign that was located on WESMAR's property.
WESMAR wants to relocate its condemned and removed nonconforming sign to
another location on its property.
When a sign is relocated, the WSO requires a sign to comply with WSO
standards, or obtain a variance. For the owner to relocate the sign, the WSO
requires the sign to be reduced in height by 6.5 feet and in area by 65.4 square
feet in order to comply with applicable standards of the WSO. WESMAR
requested a variance to Section 11 C(5) and (6) of the WSO to allow it to relocate
the sign to another place on the site and to exceed the required 35 foot maximum
sign height and 75 square foot maximum sign area allowed in the CG zone for an
individual business.
VARIANCE PROCEDURES
The WSO provides in Section 14. Variance, that "all request[s] for variances
to this ordinance shall be processed in accordance with the variance
procedures set forth in the Woodburn Zoning Ordinance." The Woodburn
Zoning Ordinance was repealed in 2001 and replaced by the Woodburn
Development Ordinance {WOO}. The variance procedures in the WOO
apply to this application.
Section 5.103.11 Variance
C. Criteria. A determination of whether the criteria set forth are
satisfied necessarily involves the balancing of competing and
conflicting interest. The factors that are listed to be considered are
not criteria and are not intended to be an exclusive list. The factors
to be considered are used as a guide in deliberations on the
application.
FINDING: The variances must be denied because WESMAR has not proven
that the variance criteria discussed below have been met.
1. The variance is necessary to prevent unnecessary hardship relating
to the land or structure which would cause the property to be
unbuildable by application of the WDO. Factors to consider in
determining whether hardship exists, include:
a. Physical circumstances over which the applicant has no
control related to the piece of property involved that
distinguish it from other land in the zone, including but not
limited to lot size, shape, topography.
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b. Whether reasonable use similar to other properties can be
made of the property without the variance.
c. Whether the hardship was created by the person requesting
the variance.
FINDING: WESMAR states the following:
".. .ODOT has filed a lawsuit to condemn the sign and that portion
of the subject property that contains the sign. ODOT has now
removed the Applicants' sign. The Applicants hold a vested right to
continue the use of the sign at its present height and area size.
The State of Oregon has violated that right. The City of Woodburn,
a municipal corporation of the State of Oregon, should not
cooperate in taking the Applicants' vested right. In other words, two
entities of the state, a department and a municipal government in
this case, should not be able to come together to remove a vested
right held by the Applicants. Removed from its current location, the
sign is unusable without a variance for its height and area.
Again, this factor is not directly applicable to this request because it
relates to the subject property and not the sign. If the sign is
removed, the applicants' business will be severely damaged. The
Wendy's Restaurant, like other restaurants in the vicinity, depends
heavily on its sign to attract business, especially drivers coming in
off of 1-5 and Highway 214.
The Applicants did not create the hardship. ODOT seeks
condemnation of the sign and that portion of the subject property
holding the sign. ODOT's condemnation action and effort to
remove the sign is the cause of the hardship. The Applicants will
suffer further hardship economically if their vested right in the sign
at its present height and area size is taken from them because a
new sign would be far less visible from 1-5. Likewise, the
Applicants' competitors' signs (i.e., McDonalds and Kentucky Fried
Chicken) are not under the same threat of condemnation and are in
many cases taller and larger. Applicants should not be forced to a
competitive disadvantage by the removal of their sign. . ."
The focus of this first criterion is whether there is a hardship which would
"cause the property to be unbuildable" if the applicable standards are.
imposed without a variance. The three factors of the first criterion are'
measures for determining whether there. is a hardship. If there is no
hardship the first criteria is not satisfied. WESMAR has not demonstrated
that this criterion is satisfied because denying the sign variance cannot
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42
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make the parcel unbuildable. The parcel is buildable. In fact, the property
is developed with a restaurant.
Even if the City concluded that a sign could be relevant to whether a
property was buildable, the application still would not satisfy the first
criterion because a freestanding sign can be developed on the parcel.
WESMAR applied for a permit to construct, and has constructed a 15-foot
10-inch tall sign with a sign area of 54 square feet.
WESMAR argues that the "sign is unusable without a variance." The
criterion is not concerned with whether the sion that was taken down is
"usable." It is concerned with whether the property is "unbuildable." Again,
it is noted that the condemnation process assures that WESMAR will be
paid just compensation for the value of all property condemned by ODOT.
Since there is substantial evidence to support the conclusion that the
property would not be rendered unbuildable without varying the sign
standards, the application could be denied on this basis. Nonetheless,
each of the factors for determining whether a hardship exists will be
addressed next.
Factor 1.a. requires WESMAR to address whether there are physical
circumstances over which WESMAR had no control related to the property
and whether those circumstances distinguish the property from other land
in the zone. The taking of a strip of WESMAR's land for right-of-way
improvements and the removal of a nonconforming sign are physical
circumstances over which WESMAR had no control and those
circumstances relate to the subject property. However, the circumstances
do not distinguish this property from other parcels in the CG zone. Other
commercially zoned properties fronting Newberg Highway east of the 1-5
interchange are in the same predicament as WESMAR's site because
their signs have been, or may in the foreseeable future be removed due to
condemnation of land to allow for improvement of the interchange.
Factor 1.b. requires WESMAR to address whether reasonable use, similar
to other properties, can be made of the property if no variance is granted.
WESMAR has provided no evidence to prove that reasonable use of the
property cannot be made without the variance. WESMAR argues that its
business will be severely damaged without the variance because it
depends heavily on the sign to attract business. WESMAR's argument
essentially addresses the profitability of the use not whether the property
can continue in restaurant use.
Factor 1.c. requires WESMAR to address whether it created the hardship.
WESMAR was allowed a 35-foot tall sign with an area of 75 square feet
had it applied for one. Instead, WESMAR submitted two applications, one
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for this larger sign that requires a variance and the other for a smaller sign
15-feet and 10-inches in height and 54 square feet in area, which staff
approved on June 28, 2004. This smaller sign was then erected by
WESMAR on the property. If there is any hardship created by a shorter or
smaller sign, WESMAR created at least part of the hardship by failing to
apply for a taller and bigger sign that was allowed.
WESMAR argues that the taller sign is needed to attract people from 1-5.
WESMAR's property is located approximately 440 feet east of the
Interstate-5 (1-5) right of way. The affidavits submitted by WESMAR
contain stark conclusions which are unsupported by facts in the record.
WESMAR has not submitted a visual study or any other evidence that a
free standing sign 41 Y2 feet in height and 140.4 square feet in area would
be visible from 1-5 or that a free standing sign 35 feet in height and 75
square feet in area would not be visible from 1-5. WESMAR's business is
identified on ODOT informational signs located on the north and south
bound lanes of 1-5.
2. Development consistent with the request will not be materially
injurious to adjacent properties. Factors to be considered in
determining whether development consistent with the variance [is]
materially injurious include but are not limited to:
a. Physical impacts such development will have because of the
variance, such as visual, noise, traffic and drainage, erosion
and landslide hazards.
b. Incremental impacts occurring as a result of the proposed
variance.
FINDING: WESMAR states the following:
"...If ODOT is unsuccessful in its condemnation action, the sign will
remain in its current location on the subject property and at its
current height. If ODOT is successful, the sign will be moved to a
new location on the subject property. Moving the sign to a new
location on the subject property but maintaining it at its current
height of 41 ~ feet will have little physical impact on the adjacent
properties. Already the area is heavily developed as a commercial
center. Other signs in the area are of equal or greater height.
Maintaining the sign at 45 feet will in no way affect traffic, noise,
drainage or any other factors. Visually, the sign's height is
consistent with the abundance of other signs of similar height in the
area and the fact that the sign would remain at its current height,
there would be no additional impact because nothing would change
from how it is presently.
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As mentioned above, there will be no impact from the variance
because the sign will remain at its current height.. . "
If WESMAR's variance to allow a 41 Y2 tall and 140.4 square foot free
standing sign is granted, then other businesses along Newberg Highway
that have had signs removed and businesses who may have their signs
removed in the foreseeable future could also argue that they should be
able to have taller and larger signs than the WOO allows. The impact of
allowing a taller and larger sign for a business in the CG zone than the
Woodburn Sign Ordinance allows is more sign clutter along Newberg
Highway than the Woodburn Sign Ordinance intended. Although affidavits
containing unsupported conclusions have been submitted, WESMAR has
not defined the area of analysis for surrounding signage and has not
provided an inventory of the existing signs in the area of the subject site to
prove that other signs in the area are of equal or greater height. Other
signs exist within the area of the subject site that meet the 35 foot free
standing sign height and 75 square foot area requirements.
3. Existing physical and natural systems, such as but not limited to
traffic, drainage, dramatic land forms or parks will not be adversely
affected because of the variance.
FINDING: WESMAR states the following:
Ii... As stated above there will be no adverse affects from the
variance. The area is highly developed in commercial use. There
are no natural systems in the area. Physical systems, such as
traffic will not be impacted by the height of the signs. Dramatic land
forms or parks are also absent in the area. There will be no
adverse affects as a result of this variance..."
This criterion requires WESMAR to address whether the variance will
adversely affect the manmade or the natural environment. There are no
dramatic land forms or parks in the area to affect. However, WESMAR did
not provide any evidence that a taller and larger free standing sign would
not adversely affect the traffic system due to its larger size and taller
height than the WSO allows. WESMAR's statement again consists of
stark conclusions unsubstantiated by supporting facts. A substantial
reason for the sign ordinance regulations is to improve the beauty of
Woodburn by controlling sign clutter. WESMAR has not addressed the
effect of sign variances on this aspect of the City's man made environment.
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4. The variance is the minimum deviation necessary to make
reasonable economic use of the property.
FINDING: WESMAR states the following:
Ii.. .Either the variance is granted or the sign loses all value. The
sign has a height of 41 ~ feet. There is no way to make the sign
shorter and, therefore, a lesser variance would be meaningless.
Without the variance, the sign has no economic value. The
requested variance is the minimum deviation necessary to make
reasonable economic use of the property ..."
This criterion asks for information as to the minimum variation from
applicable development standards that would allow WESMAR to make a
reasonable economic use of the property. The "property" that the variance
is concerned with is the lot or parcel that is the subject of the application.
It is not the personal property or fixtures attached to the lot or parcel, such
as a sign. WESMAR has provided no evidence that a 75 square foot free
standing sign, 35 feet in height, that was allowed by the WSO, or the
approved 15 foot 10 inch, 54 square foot sign, would not provide
reasonable economic use of the parcel. WESMAR's site has direct
visibility from Newberg Highway. Customers can identify WESMAR's
business with a shorter, smaller sign. WESMAR has not provided
sufficient justification that the existing sign face cannot be modified to
meet the 75 square foot sign area requirement or the 35 foot tall sign
height requirement or could be used at another Wendy's location, or even
that they have any property right in the sign which is being taken by ODOT
and for which the owner will be compensated.
5. The variance does not conflict with the Woodburn Comprehensive
Plan.
FINDING: WESMAR states the following:
Ii... The area in which the subject site is located, the 1-5
Interchange", is discussed in several parts of the Woodburn
Comprehensive Plan (WCP). See WCP, pp. 14 and 79. the WCP
recognizes the commercial importance of the 1-5 interchange area.
Inherent in that recognition is the fact that commercial businesses
need signs. In particular, businesses reliant on 1-5 traffic for their
customers need signs that are visible to those traveling on 1-5.
goals and policies related to Commercial Land Development
contain no mention of signs. WCP, pp. 47-48. the City's Sign
Ordinance is discussed generally at pages 81-82 of the WCP,
especially with regard to safety and aesthetics. It contains no
discussion of sign height and contains nothing that this variance
Page 9 - Findings and Conclusions
46
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request would conflict with. The height variance, as discussed
above, will have no impact on either of these factors. This request
for a variance in no way conflicts with the WCP..."
The Woodburn Comprehensive Plan does not provide any goals, policies
or specific regulations pertaining to signage on the subject site. The
Woodburn Comprehensive Plan does not apply, therefore, this criterion
does not apply.
VII. WESMAR'S LEGAL MEMORANDUM: At the September 27, 2004 public
hearing, WESMAR submitted a Legal Memorandum regarding the existence of
"vested rights". It is appropriate to briefly address this memorandum. First,
contrary to the memorandum, the "vested rights" concept is not relevant to this
application. A vested right is a legal term of art requiring a judicial determination
as to whether a property owner has substantially established an inchoate use so
that the owner's ability to continue to establish that use is protected. See
Clackamas County v. Holmes. 265 or 193, 196-197, 508 P2d 190 (1973). By
way of comparison, the "nonconforming use" concept affords limited legal
protection to an established use that does not comply with new regulations. A
nonconforming use is a use that is in existence at the time of a change in
regulations that is allowed to remain in existence until a "triggering event" occurs
and the existing regulations are applied. The vested rights analysis set out in
the memorandum does not apply to WESMAR's application because WESMAR's
sign was a fully established nonconforming sign that was allowed to remain
under the WSO subject to the occurrence of certain triggering events specified by
the WSO. Pursuant to Section 13 (C) (1) of the WSO, when the sign was
relocated because of ODOT's condemnation of the property, a triggering event
occurred. The WSO then required the sign to comply with its height and size
restrictions. Second, regardless of the appropriate legal concept, the
memorandum states that the City is taking a property right from WESMAR
without paying just compensation. Contrary to the memorandum, it is ODOT that
has taken property from WESMAR and will pay WESMAR just compensation.
The City is simply applying the terms of its regulations as provided in the WSO.
VIII. CONCLUSION: WESMAR has not met its burden of demonstrating that the
relevant approval criteria related to Variance 04-10 have been met. Therefore,
and the application should be denied.
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October 11, 2004
FROM:
Honorable Mayor and City Council through City Administrator
John C. Brown, City Administrato~
TO:
SUBJECT:
Budget Transfers
RECOMMENDATION:
It is recommended the City Council adopt the attached resolution authorizing the
transfer of operating contingency appropriations to the Aquatics Center budget in
the amount of $156,000, and to the Police budget in the amount of $5,200.
BACKGROUND:
Property Purchase. On September 13, 2004 the City Council authorized me to
execute an agreement to purchase lots at 175 S. First, and 200 Oak, streets. City
ownership of this property and others in the block bounded by First, Oak, Second,
and Cleveland Streets allows for future expansion of City facilities, and completion
of a municipal campus from the Public Library to the Aquatic Center and Settlemier
Park. The agreement was executed on September 29, 2004. The total purchase
cost, based on an October 13, 2004 closing date, is $155,896.50. As indicated in my
September 13, 2004 report to Council, funds to support this purchase will ultimately
be provided from Community Development Block Grant re-use monies.
Back-up Dispatch Radio System. NORCOM and Woodburn Fire District have
completed their upgrade to the backup 911 Center for NOR COM operations. The
backup center is critical to emergency operations in the event that the dispatch
center at Woodburn City Hall were to become inoperable. This upgrade included
the purchase of a new radio system by WFD that also allows for direct radio
frequency interoperability between the various radio frequencies and bands used
by Police, Fire, EMS, and State and County Emergency Management. For the
Woodburn Police Department to utilize this system, however, a new remote radio
and accompanying hardware must be purchased and installed into the system at
the backup 911 Center. The requested remote VHF police radio and associated
hClrdware and cabling will provide, at a cost of $3,200, both backup and
interoperability between local emergency resources.
Agenda Item Review:
City Attorney ML.\
Finance
48
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Honorable Mayor and City Council
October 11 , 2004
Page 2
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Mobile Data Terminal. A Police car was totaled in an accident during FY 2003-04.
The insurance paid out on the car in May, and a separate check was issued for the
damaged equipment (screen, light bar, siren, computer etc.) The second check
was not received until June 25, which left too little time to order and receive a
replacement computer (mobile data terminal). Because the replacement car was
of limited use without the mobile data terminal, a new one was purchased through
the IS Fund at a cost of $2,000. Now it needs to be budgeted in Police, and then
the cost can be transferred from the IS Fund to the Police.
DISCUSSION:
The attached resolution facilitates the transfers discussed in the preceding section.
It should be noted that, regarding the property purchase, the transfer from General
Fund contingencies to the aquatic center budget is an interim measure to
accommodate the timing of the closing of the real estate purchase. As indicated
previously, this purchase will ultimately be funded from Community Development
Block Grant re-use monies, rather than from the General Fund. Budget law limits the
percentage of funds that can be re-allocated within a particular fund, and how a
new account may be established. Both actions require a noticed public meeting.
Notice is required a minimum of five days prior to your consideration of the transfers.
Time is not available to notice and conduct a budget meeting of this type prior to
the scheduled closing date of October 13, 2004. The action recommended at the
present time requires less notice. Accordingly, and in the interim to facilitate the
purchase, a transfer from General Fund contingencies to an existing account in the
aquatic center budget is recommended. A noticed meeting will be held shortly, to
establish a capital account to which this expenditure can be charged in the
Community Development Block Grant Fund, and to transfer Community
Development Block Grant fund contingencies to reimburse the General fund. Costs
will then be shifted, by journal entry, from the aquatic center budget, to the
Community Development Block Grant budget.
FINANCIAL IMPACT:
General Fund Contingencies are currently budgeted at $817,563. The
recommended action reduces Contingencies by a gross amount of $1 61 ,200.
Following reimbursement from the Community Development Block Grant fund,
General fund contingencies will have been reduced by a net total amount of only
$5,200.
49
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COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE TRANSFER OF OPERATING CONTINGENCY
APPROPRIATIONS DURING FISCAL YEAR 2004-05.
WHEREAS, Oregon Revised Statutes 294.450 allows for the transfer of operating
contingency appropriations within a fund to an existing appropriations category within
the same fund during the year in which appropriations are made, and
WHEREAS, a transfer of General Fund operating contingency appropriations is
necessary to pay for (1) the purchase of property located at Oak and First Street, (2)
computer replacement in a police vehicle, and (3) replacement of a radio, NOW,
THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That authorization is hereby given to transfer the following operating
contingency appropriations:
GENERAL FUND:
Transfer From:
Operating Contingency (001.901.9971.5921)
Transfer To:
Aquatic Center - Capital Outlay
Parks (001.431.7419.5623)
Police Department - Capital Outlay
Equipment (001.211.2199.5645)
Police Department - Capital Outlay
Equipment (001.211.2199.5644)
$ 161.200
$ 156,000
$ 3,200
$ 2,000
Approved as to form:
0).<)4--~
City Attorney
10/ 'i/-ZO,J+-
Date! .
Approved:
Kathryn Figley, Mayor
Passed by the 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
Page 1 - Council Bill No.
Ordinance No.
50
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Description
GENERAL FUND
Contingencies
Parks Capital Outlay-Parks
Lots at Oak and First
Contingencies
Police Capital Outlay-Equipment
Mobile data terminal
Contingencies
Police Capital Outlay-Equipment
Backup radio system
Grand Total
CITY of WOODBURN
OCTOBER BUDGET REVISION
2004-05
Account
Expenditures
Revenue
001 901 9971 5921 (156,000)
001 431 7419 5623 156,000
001 901 9971 5921 (3,200)
001 211 2199 5645 3,200
001 901 9971 5921 (2,000)
001 211 2199 5644 2,000
0 0
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October 5, 2004
TO: Mayor and City Council through City Administrator \
FROM: G. S. (Frank) Tiwari Public Works Djrector~ ~
SUBJECT: Acquisition of Right-of-Way from Woodburn Grange Hall
RECOMMENDATION:
Approve the attached resolution that allows acquisition of right-of-way from
Woodburn Grange Hall and authorizes the City Administrator to sign the
agreement.
BACKGROUND:
The capital improvement plan of the city places a high priority on upgrading the
intersection of Hwy 214 and Boones Ferry /Settlemier Avenue. Settlemier
widening at Hwy 214 will increase the capacity of the intersection.
Boones Ferry Road, north of Highway 214, has been improved and the city is in
the process of installing temporary signal at the intersection. All of the utility
undergrounding has been completed on Boones Ferry as well as on Settlemier
Avenue. City has completed undergrounding work after purchasing easements
from the adjoining property owners. Staff has now completed the agreement
for acquiring the right-of-way according to previously provided guidelines of the
council.
DISCUSSION:
The intersection improvement project would be constructed under the
jurisdiction of Oregon Department of Transportation (ODOT) utilizing
approximately $200,000 Federal funds. The entire intersection improvement
project, including the construction of traffic signal and Settlemier widening, is
estimated to cost over $750,000. Although a large portion of the cost is paid by
the city, the support received by ODOT is absolutely necessary and city must
follow the federal guidelines on this project. The process of right-of-way
acquisition, where federal funds are involved, is very time consuming and quite
cumbersome. Therefore, it is important to complete the acquisition of right-of-
way and certify to the state that City of Woodburn owns the right-of-way
needed for the federally supported project.
Agenda Item Review: City Administrat
City Attorney 1V1.~
Finance
"'1"
Mayor and City Council
October 5, 2004
Page 2
.
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The terms of the agreement have been previously brought to the attention of
and are fully outlined in the attached agreement. The agreement does state
that the amount being paid for right-of-way includes the value of damage to
the property and access to the Grange Hall property will not be allowed from
Settlemier Avenue after street widening. The acquisition cost has been kept
within the guidelines of the governing body.
FINANCIAL IMPACT
The consideration paid by the city under the agreement is $61,800. The amount
to be paid by the city is $74,600 less $1 2,800 previously paid by the city for the
easement. In addition, the cost of house and foundation removal is estimated
at $8,500. These capacity improvement expenses are budgeted under traffic
impact fee fund line item 376-631-9521-5611.
Attachments: Resolution
Agreement
53
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COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION ENTERING INTO AN AGREEMENT WITH WOODBURN GRANGE NO. 79
FOR THE PURPOSE OF WIDENING SETTLEMIER AVENUE AND AUTHORIZING THE CITY
ADMINISTRATOR TO SIGN SAID AGREEMENT.
WHEREAS, the City desires to accomplish a public works project involving
the widening of a portion of Settlemier Avenue; and
WHEREAS, it is in the public interest to complete this road widening so that
vehicle traffic can proceed in a more expeditious and efficient manner; and
WHEREAS, it is. necessary for the City to enter into an Agreement with
Woodburn Grange No. 79, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into an Agreement with
Woodburn Grange No. 79.
Section 2. That a copy of said Agreement is affixed to this Resolution as
Attachment "A" and is by this reference incorporated herein.
Section 3. That the City Administrator of the City of Woodburn is hereby
authorized to sign said Agreement on behalf of the City.
Approved as to form: ~.~ ~
City Attorney Date
Approved:
Kathryn Figley, Mayor
Passed by the 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
Page 1 - Council Bill No.
Resolution No.
54
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AtTACHMENT A
AGREEMENT
This Agreement made between the City of Woodburn, an Oregon municipal
corporation, (Buyer) and Woodburn Grange No. 79, a non-profit Oregon Corporation
(Seller).
WHEREAS, Buyer desires to accomplish a public works project involving the
widening of a portion of Settlemier Avenue; and
WHEREAS, it is in the public interest to complete said road widening so that
vehicle traffic can proceed in a more expeditious and efficient manner; and
WHEREAS, in order to accomplish the said road widening without formal
condemnation proceedings it is necessary to obtain the cooperation of Seller; and
WHEREAS, Seller desires to cooperate with Buyer in said road widening and will
agree to accept the monetary consideration specified and the covenants contained
herein as adequate and reasonable compensation for that portion of its property that
Buyer needs to acquire to accomplish the project,
NOW, THEREFORE, the parties agree as follows:
1. PURCHASE AND SALE. Seller agrees to sell to Buyer and Buyer agrees
to purchase from Seller, in consideration of the covenants and agreements hereinafter
set forth, the real property (the Property), situated in the City of Woodburn, Marion
County, Oregon and legally described in Exhibit "A," attached to this Agreement and by
this reference incorporated herein.
2. CONSIDERATION. Buyer shall pay Seller the sum of $61,800 for
purchase of fee title to the property and as consideration for the access restrictions
mandated by this Agreement. (The sum paid pursuant to this Agreement represents
$74,600 less $12,800 which was already paid by Buyer for the purchase of an
easement from Seller.)
3. PRELIMINARY TITLE REPORT. Within ten days after execution of this
Agreement, Seller shall furnish to Buyer a preliminary title report prepared by the Title
Company showing its willingness to issue title insurance on the Property (the "Title
Report"). Buyer shall review the Title Report and notify Seller, in writing, of Buyer's
disapproval of any unacceptable exceptions shown in the Title Report. However,
notwithstanding anything in this Agreement to the contrary, zoning ordinances, building
and use restrictions imposed by governmental authority, utility easements and
reservations in federal patents or state deeds shall be acceptable exceptions to Seller's
title. If Buyer notifies Seller in writing of disapproval of any unacceptable exceptions in
the Title Report, Seller shall immediately remove the unacceptable exceptions or Buyer,
at its sole option, may terminate this Agreement.
Page 1 - Agreement
55
,,~., ...
4. CLOSING.
4.1 Closinq Date. This transaction will be closed on or before
November 15, 2004 (the "Closing Date").
4.2 Manner and Place of Closinq. This transaction will be closed in
escrow at the First American Title Insurance Company of Oregon, Woodburn office.
Closing shall take place in the manner and in accordance with the provisions set forth in
this Agreement.
4.3 Prorations and Closinq Costs. Any delinquent real property taxes
and all real property taxes for the tax year 2004-2005 shall be paid by Seller. Buyer and
Seller shall share and pay equally for the title insurance policy described in Section 4.6
below and all escrow and recording fees.
4.4 Payment. On the Closing Date, Buyer shall pay to Seller $61,800.
4.5 Events of Closina. Provided the Title Company has received the
payment described in Section 4.4 above and is in a position to cause the title insurance
policy to be issued as described below, this transaction will be closed on the Closing
Date as follows:
(a) The Title Company shall deliver its commitment to issue the
policy described in Section 4.6 below;
(b) Seller shall execute a Warranty Deed (the "Deed") to Buyer;
(c) The Title Company shall record the Deed.
4.6 Title Insurance. As soon as reasonably practical after the Closing
Date, the Title Company shall be instructed to furnish Buyer with an owner's policy of
title insurance, standard form, in the amount of $61,800, insuring Buyer's interest in the
Property subject only to the standard printed exceptions and exceptions for the matters
accepted by Buyer pursuant to Section 3.
4.7 Possession. Seller shall deliver possession of the Property to
Buyer on the Closing Date after the closing has occurred.
5. SELLER'S WARRANTIES.
5.1 Seller warrants that it owns good and marketable title to the
Property subject only to the standard printed exceptions and exceptions for the matters
accepted by Buyer pursuant to Section 3.
Page 2 - Agreement
56
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5.2 To the best of Seller's knowledge, the Property is materially in
compliance with state and federal environmental standards and requirements affecting
it. Seller represents that there are no proceedings, governmental administrative
actions, or judicial proceedings pending or, to the best of Seller's knowledge,
contemplated under any federal, state, or local laws regulating the discharge of
hazardous or toxic materials or substances into the environment.
6. REMOVAL OF BUILDING ON SELLER'S PROPERTY. Buyer shall
remove and dispose of the existing building located on Tax Lot #700, Section 7,
Township 5 South, Range 1 West of the Willamette Meridian, Marion County, with the
street address of 908 N Settlemier Avenue, including removal of the existing driveway to
the garage. Seller authorizes Buyer to enter onto Seller's property with the necessary
equipment to remove said building. Buyer shall replace the existing curb drop for the
building's driveway at the street with a standard full size curb. Buyer shall remove the
building within 60 days of the date of this Agreement, and remove and dispose the
foundation concrete under the building.
7. ELIMINATION AND REMOVAL OF STREET ACCESS. Buyer, as part of
the Settlemier Avenue road widening project, shall remove the existing access from
Settlemier Avenue to the Property and construct a curb. After this removal, no access
will be permitted by Buyer to the Property from Settlemier Avenue.
Additionally, as part of the Settlemier Avenue road widening project, Buyer shall
reconstruct the existing access from Church Street to the Property so that it allows a 30-
foot wide approach and conforms to Buyer's applicable street standards.
8. UNDERGROUNDING OF UTILITIES. As part of the Settlemier Avenue
road widening project, Buyer has completed and funded the electrical service
conversion of the Grange Hall building. The existing overhead metered electrical
service has been converted to an underground service.
9. GENERAL PROVISIONS.
9.1 Assiqnment. Buyer may not assign this Agreement without the
prior written consent of Seller, which consent Seller may withhold in its sole and
absolute discretion.
9.2 Bindinq Effect. This Agreement shall be binding upon and inure to
the benefit of the parties, and their respective heirs, personal representatives,
successors, and assigns, but nothing contained in this Section shall alter the restriction
against assignment without Seller's prior written consent.
9.3 Notices. Notices under this Agreement shall be in writing and shall
be effective when actually delivered or telecopied. If mailed, a notice shall be deemed
effective on the second day after deposited as registered or certified mail, postage
prepaid, directed to the parties as follows:
Page 3 - Agreement
57
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To Seller:
Woodburn Grange No. 79
Robert C. Smith
President
425 N Settlemier Avenue
Woodburn, OR 97071
To Buyer:
City of Woodburn
c/o John C. Brown
City Administrator
270 Montgomery Street
Woodburn, OR 97071
or to such other address as either party may from time to time designate by notice to the
other given in accordance with this Section.
9.4 Waiver. Failure of either party at any time to require performance
of any provision of this Agreement shall not limit the party's right to enforce the
provision. Waiver of any breach of any provision shall not be a waiver of any
succeeding breach of the provision or a waiver of the provision itself or any other
provision.
9.5 Choice of Law and Venue. In interpreting this Agreement and in
the event of any dispute or action arising out of this Agreement, the laws of the State of
Oregon shall apply, and any action maintained by either party shall be brought in the
Marion County Circuit Court.
9.6 Attornev Fees. In the event suit or action is instituted to interpret or
enforce the terms of this Agreement, the prevailing party shall be entitled to recover
from the other party such sum as the court may adjudge reasonable as attorney fees at
trial, on any appeal, and on any petition for review, in addition to all other sums provided
by law.
9.7 Prior Aoreements. This Agreement supersedes and replaces all
written and oral agreements previously made or existing between the parties.
9.8 Brokers. Buyer and Seller acknowledge and agree that they have
employed no real estate brokers or finders in connection with the sale and purchase of
the Property.
9.9 Chanoe in Writino. This Agreement and any of its terms may only
be changed, waived, discharged, or terminated by a written instrument signed by the
party against whom enforcement of the change, waiver, discharge, or termination is
sought.
Page 4 - Agreement
58
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9.10 Invalidity of Provisions. In the event any provIsion of this
Agreement, or any instrument to be delivered by Buyer at closing pursuant to this
Agreement, is declared invalid or is unenforceable for any reason, such provision shall
be deleted from such document and shall not invalidate any other provision contained in
the document.
9.11 Descriptive HeadinQs. The descriptive headings of the Sections of
this Agreement are inserted for convenience only and shall not control or affect the
meaning or construction of any of the provisions hereof.
IT WITNESS WHEREOF, the parties have caused this Agreement to be
executed in duplicate.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY
DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE
LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY
SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING
DEPARTMENT TO VERIFY APPROVED USES.
THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN
A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS
SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR
FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A
RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST
PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES, BEFORE SIGNING. OR
ACCEPTING THIS INSTRUMENT, THE PERSON. ACQUIRING FEE TITLE TO THE
PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY
PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF
FIRE PROTECTION FOR STRUCTURES.
SELLER:
BUYER:
f( i!lj,~,.r ~, ...~17!1 rh
WOODBURN GRANGE NO. 79
by Robert C. Smith, President
Dated: 10 - , -too4-
CITY OF WOODBURN
by John C. Brown, City Administrator
Dated
Page 5 - Agreement
59
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STATE OF OREGON )
) ss.
County of Marion )
It The foregoing instrument was acknowledged before me this
7t day of C)CTD~~K' , 2004 by Robert C. Smith as President of
Woodburn Grange No. 79, a non-profit corporation, and the foregoing instrument was
signed and sealed on behalf of said corporation by authority of its Board of Directors;
and each of them acknowledged said instrument to be its voluntary act and deed.
_ OFFICIAL SEAL
RANDY scon
. : NOTARY PUBUC-QREGON
COMMISSION NO. 357628
MY COMMISSION EXPIRES MAY 9. 2006
NOT AR'(, BLle FOR OREGON
My Commission Expires: hAY t:'J,ZcrY;;,
STATE OF OREGON )
) ss.
County of Marion )
This instrument was acknowledged before me on
by John C. Brown as City Administrator of the City of Woodburn
,2004,
NOTARY PUBLIC FOR OREGON
My Commission Expires:
Page 6 - Agreement
60
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EXHIBIT "A"
Legal Description of Property
BegilUling at a point on the westerly right of way line of Settlemier Avenue 30.00 feet
westerly at a right angle to Engineer's centerline Station -2+77.47;
Thence N17000'00"W a distance of29.50 feet to a point;
Thence Northeasterly, along the arc of a 10.00 feet radius curve left (the chord of which
bears N57059' 57nE 14.14 feet), an arc distance of 15.71 feet to a point~
Thence N13000'00nE, parallel with and 49.50 feet westerly of the centerline ofSeulemier
Avenue, a distance of 135.57 feet to a point;
Thence Northeasterly along the arc of a 38.50 feet radius cUlVe left (the chord of which
bears N02009'36''E 14.48 feet), an arc distance of 14.57 feet to a point; A radial to said
point for the next course bears N57043'23"E 75.00 feet;
Thence Southeasterly along the arc of a 75.00 feet radius cUlVe right (the chord of which
bears SQ9027'57"E 58.16 feet), an arc distance of 59.72 feet to a point;
Thence SI3000'OO"W, parallel with and 30.00 feet westerly of the centerline of
Settlemier Avenue, a distance of a distance of 106.05 feet to the point of beginning.
The above-described tract contains 2,782 square feet of land located in the Southwest
Quarter of Section 7, Township 5 South, Range I West, WilIamette Meridian. City of
Woodburn, Marion County, Oregon.
Ref: APN 5 I W 07CA 0600
61
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October 5, 2004
TO: Mayor and City Council through City Administrator
FROM: Mary Tennant, City Recorder ~
SUBJECT: Acceptance of Bancroft Bond Application
RECOMMENDATION:
By motion, and under the authority of ORS 223.210, Council accept the
attached Bancroft Bond application which was filed after the initial 10-day filing
period on the East Hardcastle LID.
BACKGROUND:
Under ORS 223.210 (Bancroft Bonding Act), affected property owners have 10
days after the date of the first publication of the final assessment ordinance to
file a Bancroft Bonding application thereby allowing them to pay for their share
of the assessment costs under an installment program over a 10-year period.
Applications received after the initial filing period require Council acceptance in
order to participate in the installment program.
DISCUSSION:
On October 5, 2004, an application was received from Sukhrob & Mavjuda
Rabimov, 1454 Greenview Court. Acceptance of this application will allow the
property owners to participate in the installment program established under the
final assessment ordinance for this improvement project.
FINANCIAL IMPACT:
There is no financial impact on the City unless the property owner defaults on
assessment payments. If that were to occur, the City could initiate foreclosure
proceedings in order to recover the assessment balance plus interest and
related costs.
Agenda Item Review: City Administrato
City Attorney I'IlJ
Finance
62
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APPLICATION UNDER BONDING ACT
To the Recorder of the City of Woodburn, Oregon:
In accordance with the provision of ORS 223,205 to 223.295 being the Bancroft Bonding Act of 1893
and Acts amendatory thereof and supplementary thereto, I (we), Sukhrob and Maviuda Rabimov
hereby make application and agree to pay my proportion of the cost of: Improvement of East
Hardcastle Avenue from Pacific Highway 99E to the east City Boundary as the same has been
determined and assessed by the Council of the City of'Noodbum by Ordinance No. 2352 and Docket
of the City Liens of said City, in twenty (20) semi-annual installments with interest thereon at the rate
of 5.44% per annum on all unpaid assessments. Said interest to be payable semi-annually, at the
time each installment is paid as required by the provisions of said Act aforesaid. And I (we) Sukhrob
and Maviuda Rabimov hereby expressly waive all or any irregularity or defect jurisdictional or
otherwise, in the proceedings to improve said street or construct said infrastructure improvements and
in the apportionment and assessment of the cost thereof on the following property, to wit:
Tax Lot No.
Subdivision / Lot:
Deed Reference:
Site Address:
051 W08DD01800
Country Acres Estates / Lot #21
15730056WD
1454 Greenview Ct
In witness whereof we have hereunto set our hand(s) and seales) this ~ day of 09 , 20Q:i ~
;5 Rat~/fu/V
/11- )2aAA>,utJ V (Seal)
Address: /'f5Jf 5-r~i//tu/ if
l;t,/i20d~/t. J {) /2 970 7-1
/
(Seal)
Done in the presence of:
JJl~Yv1(NS
63
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.
October 5, 2004
FROM:
Mayor and City Council through City Administrator # /J ~
Randy Rohman, Public Works Program Manager /0 J
TO:
SUBJECT:
Bid Award for Municipal Well 14 Raw Water Transmission Line
RECOMMENDATION: Award bid for Municipal Well 14 Raw Water Transmission
Line to the low responsible bidder, Kerr Contractors, Inc. for $142,798.70.
BACKGROUND: The City requested bids for construction of Municipal Well 14
Raw Water Transmission Line that were opened at 2:00 P.M. on October 5, 2004.
The results were:
Bidder
Kerr Contractors, I nc.
Dunn Construction, Inc.
Western Underground, Inc.
Amount
$142,798.70
$202,532.00
$250,607.00
DISCUSSION: Well 14, located on property to the north of Patrick Way, will supply
raw water that will be treated at the National Way Treatment Plant currently
under construction. The project will construct the transmission line that will
convey the raw water from Well 14 to the National Way Treatment Plant for
treatment prior to being pumped into the distribution system
The low bid was approximately 31 percent less than the Engineer's estimate of
$190,000. The lack of congestion along most of the pipe route probably led to
the low bid results. Staff recommends that award be made to the low
responsible bidder, Kerr Contractors, Inc. for $142,798.70.
FINANCIAL IMPACT: The cost of the well construction is budgeted in the 2004-
2005 Water Treatment Construction Fund budget.
Agenda Item Review: City AdministratoL j'~ City Attorney Nt.)
Financ~-&
64
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October 11, 2004
FROM:
Honorable Mayor and City Council
John C. Brown, City Administrator~
TO:
SUBJECT:
Appointment of Administrator Pro Tern
RECOMMENDA liON:
It is recommended that the City Council appoint Public Works Director Frank
Tiwari as Administrator Pro Tem for the period of October 16, 2004 through
October 20, 2004.
DISCUSSION:
I will be at the ICMA Conference in San Diego, California from October 16, 2004
through October 20, 2004. Pursuant to Section 21 (e) of the Woodburn Charter,
the City Council shall appoint an administrator pro tem whenever the
Administrator is absent from the City. The Pro Tem Administrator shall possess the
powers and duties of the Administrator, but may not appoint or remove a City
officer or employee except with approval of the majority of the Council.
Mr. Tiwari has acted ably in this capacity in the past, and has the necessary skills
and experience to act as Administrator Pro Tem.
FINANCIAL IMPACT:
None.
Agenda Item Review: City Administrato \.
City Attorney N-t~
Finane
65
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October 11, 2004
FROM:
Honorable Mayor and City Council through City Administrator
John C. Brown, City Administrato~
TO:
SUBJECT:
League of Oregon Cities Conference and Business Meeting
RECOMMENDATION:
It is recommended the City Council determine interest in attendance at the
League of Oregon Cities Annual Conference and select, as appropriate, voting
delegates to represent Woodburn at the annual business meeting.
BACKGROUND:
As a member of the League of Oregon Cities, Woodburn has voting rights at the
annual business meeting, which is held during the League's annual conference.
Business meeting items include League policies, activities, organization, and
operations, and positions regarding pending or proposed legislation.
DISCUSSION:
The Annual Conference will be held in Portland from November 4-6, 2004. The
business meeting is on the 6th. The League has asked each city to appoint a
voting delegate, and an alternate for the business meeting. Those individuals
should plan to attend the conference on Saturday.
This item has been scheduled on your October 11 th agenda to allow the Mayor
and Council an opportunity to discuss attendance at the annual conference
and to select, as appropriate, a voting delegate and alternate for the business
meeting.
FINANCIAL IMPACT:
The financial impact will be based upon the total number of Councilors
attending the conference, and associated costs for travel, lodging, and meals.
There is money available in the City Council budget for this activity.
Agenda Item Review: City Administrator
City Attorney
Finane
66
'11" T
league of Oregon Cities
Local GlMmment Center
1201 Court St. NE, Suire 200
Salem, Oregon 97301-41~
P.O. Box 928
Salem. Oregon 9730s.0928
(503) 5~550or
1-800-452.0338
F2x: (503) 399-4863
E-mail: loc@orcities.org
Web: www.on:ltla.otJ
OFFICERS
PRESIDENT
Phillip Houk
Cm.ncilor, Pendleton
VICE-PRESIDENT
Helen Berg
M""", Onwllis
TREASURER
Mark Selnnann
Mayor, Athena
PAST PRESIDENT
Rob Drake
Mayor, Bea.erton
DIRECTORS
Bob Austin
M""", &tacada
Dan Bartlett
Ci~ Mana~, As~
Chuck Becker
M""", Gmham
Jim Bennett
Ci~ M~, New~
Leroy Blodgett
Ci~ Mana&,"" Brookings
Sal Esquivel
Cm.ncilor, Medfcwd
Jim Fairchild
M"""" Dallas
Jim Francesconi
Commi.u~, Portland
Gary Pape
Cm.ncilor, EugtN!
Jim Randall
Cm.ncilor, Salem
Alan Unger
M"J01', Redmond
EXECUTIVE DIRECTOR
Ken L Strobeck
September 20, 2004
TO:
City Managers, Administrators and R
FROM:
JoAnn Ghelfi, Conference Mana
Enclosed are the votlna deleaate and equipment exchange forms for
the League's annual conference. These forms should be completed and
returned to the League office by Fridav. October 15.
The equipment exchange provides you the opportunity to advertise for
sale any surplus equipment, autos, etc. you may have, as well as to make
known your interest in purchasing a specific item. Responses received
will be displayed on a bulletin board near the League's registration desk
during the conference.
The voting delegate form, when returned to the League, tells us who will
be voting for your city during the Annual Business Meeting on Saturday,
November 6. Please note that delegates may not vote without a voting
card, and voting cards will be issued only to the person listed on the
voting delegate form. Voting by proxy will not be permitted. The voting
cards will be available the afternoon of the 6th, just prior to the business
meeting.
Thanksl
Enclosures
JG/kls
M:\LOCIlOCCONF\2004\Equl-VOtin Deleg\equipxch deleg Itr frm.wpd
To Strengthen Livable Communities
T T
League of Oregon Cities
79th ANNUAL CONFERENCE and BUSINESS MEETING
November 4 - 6, 2004 - Portland Marriott Downtown
Designation of Voting Delegate
at Annual Business Meeting
The annual business meeting will be held Saturday, November 6, at 3:45 p.m. Each
city is entitled to cast one vote at the business meeting: however, all city officials are
encouraged to attend.
Use this form to indicate those persons who will represent your city as a voting delegate
and alternate delegate. The voting delegate or alternate should pick up a voting card at
the Conference Registration Desk on Saturday afternoon prior to entering the business
meeting. NOTE: Deleaates may not vote without a votina card. and votina cards will be
issued only to a person indicated on this form. Votina by proxy will not be permitted.
FOR THE CITY OF
VOTING DELEGATE
Name
Title
AL TERNATE
Name
Title
Submitted By
(Signature)
Name
Title
Telephone Number
Return bv October 15 to:
League of Oregon Cities
P.O. Box 928
Salem, OR 97308
M:IlOCIlOCCONF\2004\Equl-Votln Deleg\equlpxch deleg lIT trm,wpd
68
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October 8, 2004
FROM:
Mayor and City Council through City Administrator
D. Randall Westrick. Recreation and Parks Director ~
Kroc Initiative Task Force
TO:
SUBJECT:
RECOMMENDATION:
Review and comment.
BACKGROUND:
At the September 27, 2004 meeting, the City Council received a report that the
Recreation and Parks Department was preparing a Feasibility Application to submit
to The Salvation Army Cascade Division to construct a Ray and Joan Kroc Corps
Community Center in Woodburn. That application was submitted on October 1,
2004. The Community Center Task Force has been invited to make a presentation
to the Kroc Initiative Task Force regarding the application on October 28,2004.
The Kroc Initiative Task Force is made up of CEO's from prominent Oregon
corporations. George Passadore, retired CEO from Oregon Wells Fargo Bank, chairs
the Task Force. The Task Force is reviewing applications from eight communities in
Oregon. One community will be selected from this process. The Salvation Army will
announce the selection on November 4, 2004.
After a preferred application is selected, The Salvation Army will become a full
partner in further developing Feasibility Application. In fact, the Application at that
point, will be from the Cascade Division in partnership with the local community.
This application is due to The Salvation Army Western Territorial Headquarters in Long
Beach on March 1, 2005. The Salvation Army suggests that this application will be
one of about ten the Territorial Headquarters will considered for invitation to submit
a Development Application. These invitations will be proffered in Mid-May 2005.
The Salvation Army expects that seven or eight of the 10 Development Applications
will be accepted for final consideration. These finalists are expected to be
announced in May 2006. The final step in the process is non-competitive process
that will determine final amounts for capital construction and the operating
endowment.
Agenda Item Review:
City Administrat
City Attorney N1.S
Finane
69
Mayor and City Council
October 8, 2004
Page 2
.
.
DISCUSSION:
If the application submitted on October 1, 2004 and finalized on October 28, 2004 is
successful. Woodburn will be a leading candidate for full funding for a community
center that incorporates all of the elements the Task Force has envisioned.
Attached is a compilation of the proposed facility elements as well as cost
estimates. This building program is the result of the Task Force's eighteen-month
process that includes surveying communities throughout Oregon and Southwest
Washington, conducting focus groups, developing operating cost/revenue
estimates, cataloging local resources and inventorying site potential.
The proposed Ray and Joan Kroc Corps Community Centers will be owned and
operated by The Salvation Army. This includes the land on which they are situated.
The Feasibility Application submitted proposes that the City will negotiate transfer of
ownership of parkland at Settlemier Park and or Legion Park to the Salvation
sufficient to construct the proposed facilities. The application does not propose
transferring ownership of the Woodburn Memorial Aquatic Center.
The Community Center Task Force met on October 4, 2004 to discuss the
application. Captain John Van Cleef of The Salvation Army met with Task Force to
discuss details of the project. On October 13, 2004, the Task Force will conduct a
special meeting to organize a presentation for the Kroc Initiative Task Force and
select a team to represent the City's Feasibility Application.
The Task Force is also assembling letters of support from local organizations and
individuals that support the project. These letters will be submitted to demonstrate
community understanding of need and collaboration for a new community center
in Woodburn. Depending upon the pleasure of the Mayor and Council. staff will
prepare a resolution of support for submission to the Kroc Initiative Task Force as a
part of the Community Center Task Force presentation on October 28,2004.
FINANCIAL IMPACT:
The Feasibility Application will require no funding from the City. A successful
Feasibility Application will result in funds to continue planning and could result in
funding for community center construction and operation.
Attachments
cc: Recreation and Parks Board
Community Center Task Force
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Mayor and City Council
October 8, 2004
Page 3
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Attachments
Fitness/Recreation Center
.
Area in Sq. Area Factor x 1.25 Gross Area x Construction
Room Ft. Sq. Ft. $200/Sq. Ft. Cost*
Gymnasium 11,000 13,750 $2,750,000.00 $3,355,000.00
-2 cross courts
-1 full court
-Bleachers
Gvm Storage 300 375 $75,000.00 $91,500.00
Fitness Room
-Strength Equip.
-Aerobic Equip. 3,000 3,750 $750,000.00 $915,000.00
Fitness Storage 200 250 $50,000.00 $61,000.00
Multi-Purpose Fitness
-(2) Rooms Wood Dance
Floor 2,400 3,000 $600,000.00 $732,000.00
Multi-Purpose Storage 200 250 $50,000.00 $61,000.00
Multi-Purpose Classroom
-(2) Rooms 2,000 2,500 $500,000.00 $610,000.00
Multi-Purpose Storage 200 250 $50,000.00 $61,000.00
Family Change Rooms
(2) Rooms 240 300 $60,000.00 $73,200.00
Locker/Showers 1,600 2,000 $400,000.00 $488,000.00
Administration Area 500 625 $125,000.00 $152,500.00
Kitchen 200 250 $50,000.00 $61,000.00
Total 27,300 $6,661,200.00
*Includes 1.22 factor for "soft costs"
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Mayor and City Council
October 8, 2004
Page 4
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Social/Cultural Center
Area in Sq. Area Factor x 1.25 Gross Area x Construction
Room Ft. SQ. Ft. $200/SQ. Ft. Cost*
Ballroom
- divisible 3x up to 800
people 10,000 12,500 $2,500,000.00 $3,050,000.00
Ballroom Storage 400 500 $100,000.00 $122,000.00
Music Room 1,000 1,250 $250,000.00 $305,000.00
Music Room Storage 200 250 $50,000.00 $61,000.00
Gallery 600 750 $150,000.00 $183,000.00
Multi-Purpose Classrooms
-(2) Rooms 2,000 2,500 $500,000.00 $610,000.00
Multi-Puroose Storage 200 250 $50,000.00 $61,000.00
Senior Room 1,000 1,250 $250,000.00 $305,000.00
Senior Room Storal!e 200 250 $50,000.00 $61,000.00
Restrooms 500 625 $125,000.00 $152,500.00
Administration Area 500 625 $125,000.00 $152,500.00
Kitchen 400 500 $100,000.00 $122,000.00
Nature Center 1,500 1,875 $375,000.00 $457,500.00
21,250 Total $5,642,500.00
*Includes 1 .22 factor for "soft costs"
Recreation & Fitness Facility Total
Social & Cultural Facilitv Total
Total
$ 6,661,200.00
$ 5.642.500.00
$12,303,700.00
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