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Agenda - 07/26/1999o CITY CO(.IHCIL A(2£1YDA J¢.lLY26, 1999- 7:00 P.M. 270 ~ontgome~ Street * ~ Woodbum, Oregon CALL TO ORDER AND FLAG SALUTE ROLL CALL ANNOUNCEMENTS AND APPOINTMENTS A. Police Department Change of Command Ceremony - July 28, 1999 2:00 p.m. - 5:00 p.m. - Council Chambers, City Hall ..................... 3A B. Music in the Park ................................................ 3B C. Planning Commission appointment. PRI::.SENTATION$/PROCLAMATIONS A. National Night Out - Tuesday, August 3, 1999 ......................... 4A COMMITTEE REPORTS A. Chamber of Commerce. B. Woodbum Downtown Association. C. Woodbum School District. COMMUNICATIONS BUSINESS FROM THE PUBLIC (This allows the public to introduce items for Council considerafon not already scheduled on the agenda.) CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. A. Approve Council minutes of July 12, 1999 regular meeting ................ 8A B. Accept Recreation and Park Board minutes of July 13, 1999 ............... SB C. Accept Library Board minutes of June 23, 1999 ........................ $C D. Accept Planning Commission minutes of July 8, 1999 .................... SD E. Accept Museum Board minutes of July 14, 1999 ........................ 8E F. Receive summer water use report ..................................... SF Page 1 - Agenda, Woodburn City Council of July 26, 1999. 10. 11. 12. 13. 14. 15. 16. 17. 18. G. Receive status report on Goose Creek storm drain project ................. 8G TABLED BUSINESS GENERAL BUSINESS Council Bill 1977 -Ordinance approving annexation 98-03; Comp Plan Map amendment 98-02; Zone Map amendment 98-04 for the construction of Phases II and III of a factory outlet center and attaching conditions ......... 10A B. Council Bill 1982 - Ordinance clarifying Ordinance 2232 which annexed certain property located north of Vanderbeek Lane and west of Boones Ferry Road .................................................... 10B C. Special event permit: Fiesta Mexicana ............................... 10C D. Sound amplification request: Centro Cristiano Church ................... 10D E. Sound amplification request: Fiesta Mexicana ......................... 10E F. Sound amplification request: WDA for National Night Out ................ 10F G. Request that Police Chief be given authority to allow street closure on Tuesday, August 3 from 6:00 to 10:00 p.m. in connection with National Night Out ..................................................... 10G H. Public input (per ORS 192.660) on process used to evaluate City Administrator and City Attorney ................................... 10H PUBLIC HEARINGS A. Continuation: Annexation and Growth Management Goals and Policies ..... I lA B. Annexation, zone map amendment & minor partition for a 5.19 acre parcel located adjacent to Highway 214 ................................... llB PUBLIC COMMENT NEW BUSINESS SITE PLAN ACTIONS A. Site Plan Review 99-05 service station located on Hwy 214 adjacent to Oil Can Henry's .............................................. 14A B. Site Plan Review 9g-15, Property Line Adjustment 99-01 - property located 14B on Wilson Street ............................................... CITY ADMINISTRATOR'S REPORT MAYOR AND COUNCIL REPORTS EXECUTIVE SESSION ADJOURNMENT Page 2 - Agenda, Woodbum City Council of July 26, 1999. ?LEA$EJo t (J$ THE CHANGE OF' CO/t'I/t'IAND CEREA40~ A T WOODB(_IR1Y POLICE DEPARTA,IENT DEPUTY CHIEF PAUL NULL IS BEING SWORN IN AS CHIEF OF POLICE CHIEF KEN WRIGHT IS RETIRING FROM SERVICE Please be there to express your support for Paul in his new position, and to wish Ken the best in his new life. Wednesday, July 28, 1999 2:00 p.m. to 5:00 p.m. Woodburn City Hall, Council Chambers 270 Montgomery Street, Woodburn Refreshments w/// be served. 31] A usic in the Park/ ~Voodbum Public L~'brary and The ?zCends of the L~'brary present Summer '99 'Husic in the Park, "at L~'brary Park, comer of 1't and Oan~eld ~ve events are scheduled on the dates below; bring your picnic supper. Punch and cookies pro~ded ldusic begins at 7 p.m./ Bring your blanket or lawn chair! ~~ 'klol~y Bloom, "traditional 6 contemporaoz bluegrass music-Ron Relaford 6 h~s band, back by popular demand/ ~~ /vlembers of "l'he Oregon Old- 77me kTddlers Associat~'on" entertain- one is our own reference librarian! ~~ 'John ~'chsteadt 6 Company Band", sponsored by the Downtown A~ociation for the lYeighborhood l¥ight Out. ~! Joni Harms, country and western singer from Canby who has made her mark in country music ~th her successful album, 'Cowgirl Dreams.. Special sponsorship by American/darine Set,ce (Al Sprauer) and A. C. Appliance (Norm 6/dane Allphin) of Hubbard ~~?~~)..~ Dancers from ~qllarnette Ballet udll perform 'Peter and the Wolf, "followed by tap dancers from Woodbum Parks and Recreat~bn. Also, a puppet show of 'Aesop '~ Fables" u411 be presented by Noah and Joel Buck of St. Paul. ~j~ "The Oregon Trail Pitchpiper Chorus" and the 'Sweet Adelines' of Canby vdll sing in harmony. Audience parb'cipafion on some selections and special songs for children. CITY OF 270 Montgomery Street · WOODBURN Woodburn, Oregon 97071 · 982-5222 PROCLAMATION 4A NATIONAL NIGHT OUT 1999 WHEREAS, the National Association of Town Watch is sponsoring a unique, nationwide crime, drug and violence prevention program on Tuesday, August 3, 1999 called "National Night Out"; and WHEREAS, the "16th Annual National Night Out" provides a unique opportunity for the City of Woodburn to join forces with thousands of other communities acro,~ the country in promoting cooperative police-community crime, drug and violence prevention efforts; and WHEREAS, all citizens of Woodburn play a vital role in assisting the Woodburn Police Department through joint crime, drug and violence prevention efforta In Woodbum and is supporting 'National Night Out 1999" locally; WHEREAS, it is essential that all citizens of the City of Woodburn be aware of the importance of crime prevention programs end the Impact that their participation can have on reducing crime, drug abuse and violence in Woodburn; and WHEREAS, police-community partnerships and neighborhood safety and awareness cooperation are important themes of the "National Night Out" program; NOW, THEREFORE, I, MAYOR RICHARD JENNINGS, do hereby call upon ell citizens of Woodburn to join the Woodburn Police Department and the National Association of Town Watch in supporting the "16th Annual National Night Out" Tuesday, August 3, 1999. FURTHER. LET IT BE RESOLVED THAT, I, MAYOR RICHARD JENNINGS, do hereby proclaim Tuesday, August 3, 1999 as "NATIONAL NIGHT OUT" in the City of Woodbum. RIC~HARD JENNII~, MA~;)R DATE 8A COUNCIL MEETING MINUTES JULY 12, 1999 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JULY 12, 1999. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0005 ROLL CALL. Mayor Jennings Present Councilor Bjelland Present Councilor Chadwick Present Councilor Figley Present Councilor Kilmurray Present Councilor Pugh Present Councilor Sifuentez .. _ .,iAbsent (7:08 pm) Staff Present: City Administrator Brown, city Attbmey Shields, PUb~lic WorkS Director Tiwari, Community Development Director G0eekritz, Park & Recreation Director Westfick, Deputy Chief Null, Finance Director Gillespie, Library Director Sprauer, City Recorder Tennant 0034 Mayor Jennings stated that Councilor Sifuentez was not in attendance at this meeting since she was out of town. The Mayor also added the following items to the agenda: (1) General Business - Request for a Sound Amplification Permit, and (2) General Business (10B) - A letter from Oregon Dept. of Transportation (ODOT) on status of transportation improvements related to the Woodburn Company Stores. 0021 ANNOUNCEMENTS. A) Continuation of Public Hearing on Growth Management and Annexation Policies: The City Council will continue the public hearing on this issue at their July 26, 1999 meeting, 7:00 p.m., in the City Hall Council Chambers. OO68 PROCLAMATION: RECREATION AND PARKS MONTH JULY 1999. Mayor Jennings read the proclamation declaring the month of July 1999 as Recreation and Parks Month within the City and urged citizens to recognize the committment of local organizations, businesses, and individuals contributing to the quality programs being utilized by members of our community. Aquatics Manager Kathy Willcox presented Marion Zellner with a "Volunteer of the Year" award for 1999. Mrs. Zellner has been a dedicated volunteer at the Center for the Page 1 - Council Meeting Minutes, July 12, 1999 COUNCIL MEETING MINUTES JULY 12, 1999 8A TAPE READING last two years teaching a water fitness class. Director Westrick presented 1999 Friends of the Parks awards to the following: 1) Raul Garcia who has been a volunteer youth basketball and soccer coach with the City's recreation program for the past 7 years; 2) French Prairie Garden Club for their continued upkeep of Cowan Park which is located at the comer of Garfield and Settlemier Avenue; and 3) Woodbum Together for their partnership with the Recreation department in providing prevention programs to the youth of our community. Financial support has been provided by Woodbum Together on programs such as the free 4th grade swimming lesson program, high school city league basketball program, free swim night once a month at the aquatic center, assist with staffing of Day Camp, Drop In Center program, Aquatic Center equipment purchases, and playground equipment at the parks..Pete McCallum, Woodbum Togethe~ President, accepted the award on behalf of this organization. Mayor Jennings also reminded the public that Woodbum Together assists with the Kmart. Kids Race Agmnst Drugs event and th~s year they had over 800 youths mvoly~'ex! ~n ~at program from our local area and Kmart donated $5 for each youth to WoodbUm Together. 0376 cHAMBER OF COMMERCE REPORT. Patrick Vance, representing the Chamber Board, stated that a new event will be held on July 18th at the Settlemier House from 6:00 pm to 8:00 pm. This event, known as the Jazz Berry Music Concert, will be an evening of outdoor music featuring John Nilsen. Additionally, the Chamber office has been receiving numerous telephone calls and drop- in visitors inquiring about the status of the new factory outlet center. He reminded the Council that Business After Hours will be held on July 22nd at the Woodbum Drag Strip beginning at 4:30 p.m.. This annual event is hosted by the owners of the Drag Strip, and Hershberger Motors will provide the vehicles for driving participants. 0465 WOODBURN DOWNTOWN ASSOCIATION REPORT. Darlene Fredrickson, 503 N Front St (Couture Cache Doll Shop), stated that the WDA is (1) preparing a report on murals to be forwarded to the Council, (2) working on the train excursion project, (3) in the process of forming a Neighborhood Watch Association, and (4) trying to recruit more downtown business owners to become a part of the WDA. .0500 Bill Wettstein, 1106 N Third, stated that he, along with his neighbors Mr. Jackson and Mr. Ruiz, live adjacent to Yew Street which is an unpaved road connecting Second and Third Streets. Last year, they had paid to have the roadway paved with emulsified asphalt with the intention of doing it again, however, there has been so much traffic on Yew Street that it did not last through the winter. A portion of the problem stems from young people who hot rod on the loose gravel. Additionally, they are seeing an increase in Page 2 - Council Meeting Minutes, July 12, 1999 8A COUNCIL MEETING MINUTES JULY 12, 1999 TAPE READING traffic from St. Luke's Church parishioners since this is the only street north of the Church connecting, and once a week United Disposal makes up to 8 trips a day with their heavy trucks. The street is full of potholes, dusty, and unbearable with the amount of traffic. Second and Third Streets are also used as a racetrack which makes the problem even worse. They suggested that the Council pave the street or close it off it the middle and make it a dead-end street. He stated that they have had to put up with this problem for a long time and the City does not seem to want to do anything about it. Staff has told them that paving the street would require curbs and sidewalks and the residents abutting this street cannot afford to pay for improvements to the extent the City would be requiring in order to meet existing roadway standards. He requested that counters be placed on the street to provide necessary traffic information to determine if the street should be paved ~-Mr~kSon';'i~ 105 Second Street, stated that his lawn has been damaged numerous tim~ ' :':~ ' ' '~ ~;~.a~d ~.k., drivers '~: .... ~: ~ry ~ ' ' ' .... up'~ ~ ~~i~ists to avoid the potholes, and end 'S~,~ill'ob~n"~o~' i~ormation [rom the con~med residents and ~po~ back to ' Council 0790 CONSENT AGENDA. A) Approval of Council workshop minutes of June 7, 1999 and the regular Council meeting minutes of June 28, 1999; B) Acceptance of the Planning Commission minutes of June 24, 1999; C) Review of the Police Activity Report for May 1999; D) Review of the Building Activity Report for June 1999; E) Review of the Semi-annual report from the Woodburn Chamber of Commerce; and F) Approval of Claims for the month of June 1999. FIGLEY/PUGH... adopt the Consent Agenda as presented. The motion passed unanimously. 0805 REQUEST FOR SOUND AMPLIFICATION PERMIT: Woodburn Public Library. Deputy Chief Null recommended the approval of the permit requested by the Woodburn Public Library for Music In The Park events scheduled at Library Park. BJELLAND/CHADWICK... approve a sound amplification permit for Woodburn Public Library for July 20*, July 28th, August 10', August 18*, and August 25, 1999 from 7:00 pm to 8:00 p.m. each evening at Library Park. The motion passed unanimously. Administrator Brown stated that on July 20~, Molly Bloom will be the featured artist who will be playing Bluegrass music. Page 3 - Council Meeting Minutes, July 12, 1999 COUNCIL MEETING MINUTES JULY 12, 1999 8A TAPE READING 0874 COUNCIL BILL 1977 - ORDINANCE APPROVING ANNEXATION #98-03, COMPREHENSIVE PLAN MAP AMENDMENT g98-02, AND ZONE MAP AMENDMENT #98-04 FOR CONSTRUCTION OF PHASES II AND III OF THE 1481 1481 FACTORY OUTLET CENTER. Councilor Chadwick introduced Council Bill 1977. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Attorney Shields stated that the Council, in their previous motion, had directed staff to prepare an ordinance for the final land use action and the attorney for the applicant to prepare the findings, conclusions, and conditions for submittal to staff for review. He stated that the original motion did include a condition pertaining to traffic impact mitigation and that staff had included the condition (Exhibit B, page 24 of 24, under Conclusions IV(6)) in the Council Bill. Options available to the Council are 1) to make a motion to incorporate IV(6) into the conditions of Council Bill 1977 thereby clarifying their intent and to direct staff to revise the.findihgs?0n~luSi~ti~ an~ Cbi~ditions, o~ 2): .- - make a determination that'condition IV(ti:'ShSi~id no'ti~:l~8i)/!~~'ah~l then mend Council Bill 1977 to delete condition IV(6) WhiCh W~i~lhded b3~"~ba~ed on~ · previous Understanding of the Council's motion. He reminded_the COuncil that this was a land use issue and the public hearing has been closed, however, the Council could hear from the applicant's attorney as to whether or not the condition should be included in the conditions but cautioned the Council that no new testimony can be taken by the Council without re-noticing and re-opening the hearing. Councilor Figley expressed her opinion that the condition needs to be clarified what her intention was at the time the original motion was made following the close of the public hearing. It was her intent to require the applicant to do another traffic study only in extreme circumstances since the applicant had already done a traffic study considering a three phase project even though the initial application was for only the first of three phases. The City could initiate their own study in the future if they felt it was necessary and traffic impact fees could be adjusted based on the study results. Additionally, the City should not waive their rights until there is some actual experience on the impact which will be available by the time the developer submits his site plan for Phases 11 and I1/. She reminded the developer that the City did leave out some conditions that ODOT and the Planning Commission wanted included in the final order but the Council realized that the developer should only have to pay or make improvements based on impact created. FIGLEY/KILMURRAY... amend IV(6) to read that no additional traffic impact study be required of applicant and that the issue of traffic impact mitigation be required at the site plan stage. Councilor Pugh stated that he is in favor of Section IV(6) and feels that the original motion was very clear but is willing to listen to other viewpoints before making a final decision. Page 4 - Council Meeting Minutes, July 12, 1999 8A COUNCIL MEETING MINUTES JULY 12, 1999 TAPE READING The other Councilors also agreed with Councilor Figley and felt that the findings and conclusions needed to be amended to clarify the Council's intent. Mayor Jennings briefly described his concerns regarding the traffic impact study issue and stated that the developer has a right to know if the City would be pursuing a new study utilizing different data which would either increase or decrease his share of infrastructure cost for Phase I1 or III. Discussion was held as to whether or not Attorney Robinson, representing Woodbum Company Stores, would be allowed to speak on this land use issue. A majority of the Council objected to allowing Attorney Robinson to speak since the record is closed. Mayor Jennings stated that he felt that the Council should allow Attorney Robinson to speak on this land issue provided that the testimony is restricted to Section IV(6). Attorney Shields clarified his legal advice in that the Council should resolve this issue amongst themselves if at all possible, otherwise, ff they need to hear from the developer, it only be through his legal representative and be reS.trieted t° Section IV(6). Following some additional discussion on the content of the motion, Attorney Shields reminded the Council that the motion to amend the CounciI Bill could pass by a majority vote of the Council. However, passage o~f the Council Bill would require a unanimous vote of the Council at the meeting it is introduced, or, at a subsequent meeting, pass by a majority vote. The Council reviewed the content of the amendment. Mayor Jennings called for a vote and the motion to amend passed unanimously. FIGLEY/PUGH... staff be directed to revise the Findings and Conclusions to be consistent with the inclusion of condition IV(6) as amended and present the revised Council Bill for final approval at the next meeting. Mayor Jennings questioned if staff would be conferring with the developer's attorney prior to submittal of the Council Bill at the next meeting. Attorney Shields stated that he would be communicating with the developer's attorney. Following some additional discussion on procedure, the Mayor called for a roll call vote and the motion passed unanimously. 2638 STATUS REPORT - WOODBURN COMPANY STORF~: PHASE I. Steve Craig, developer of Woodbum Company Stores, provided the Mayor and Council with a status report on infrastructure improvement completion dates prior to the "soft opening" date of July 23, 1999 and the Grand Opening date of August 19, 1999. He stated that by July 23fa, all of the paved surface of Arney Road to Woodland will be completed, however, the street lights and curbs are scheduled to be completed by July 30th. He clarified the meaning of "soft opening" in that it is a transitional period leading up to the Grand Opening. It is anticipated that 25 to 30 stores will initially open on July 23rd with the rest of the stores working towards opening their stores on or before August Page 5 - Council Meeting Minutes, July 12, 1999 8A COUNCIL MEETING MINUTES JULY 12, 1999 TAPE READING 19th. In regards to the raised median on Highway 219, he stated that it is scheduled for completion on August 6th and the re-striping of the bridge and Highway 214 will be completed on August 14th. He stated that ODOT only allows contractors to do this type of work on a Saturday night and this is the first available date that ODOT will allow the work to be done. The sign bridge has been delayed since ODOT was unable to do the design work in-house and it has been contracted out for completion. Until the sign bridge is installed, ODOT will be placing temporary signs on 1-5. ODOT has also decided to change the traffic signal interconnect and make it into a hard wire system. Until such time as they complete design and make the necessary changes, ODOT will be periodically adjusting the signal that was originally ordered so that the traffic signal will be operable and coordinated as closely as possible with the timing of the other signals. Tape 2 Steve Craig requested that a Temporary Certificate of Occupancy be granted even though re-striping and the traffic signal interconnect will not be completed by July 23~. He reminded the Council that the traffic signal will be activated by July 23~, the sidewalks and curbs will be in by the fkrst part of August, the south bound ramp off of 1-5 has been widened, and the ADA signage will be installed. Richard McSwain, ODOT engineer, stated that the traffic interconnect will be completed over the next several weeks. Until then, ODOT will be working with the developer and State Police to try and keep traffic moving on Highway 214/219 and off of 1-5. Mayor Jennings suggested that Amey Road at the Highway 219 intersection be a right turn in/right turn out to divert motorists to the Highway 219/Woodland Ave. traffic signal. Don Jordan, ODOT engineer, stated that they will be placing barrels in the vicinity of the Arney Road extension to divert traffic to Woodland Avenue and out to the traffic light. Steve Craig also stated that they have publicized other routes for employees and customers to take to get to the mall for the purpose of trying to reduce the amount of traffic in the I-5 interchange area. He also expressed his thanks to Building Official Rob Mendenhall and City staff for their assistance with this project which will soon be completed and operational. 0490 Administrator Brown expressed his pleasure in hearing how much of the work was going to be done by the "soft opening" date of July 23rd. He stated that this report was before the Council at this meeting to keep them abreast of what will be done by the time the developer plans to open the stores and, unless the Council has objections, the temporary occupancy permits will be issued provided that all of the items on the staff report are completed except for the items brought before the Council relating to the (1) completion of the sidewalk, curbs, and re-striping prior to August 19th, (2) delay in the installation of the sign bridges, and (3) delay in the hard wiring of the traffic signal. Brief discussion was held regarding the placement of a noise barrier along Woodland from the Arney Road extension to Highway 219. Mr. Craig stated that if the Council Page 6 - Council Meeting Minutes, July 12, 1999 8A COUNCIL MEETING MINUTES JULY 12, 1999 TAPE READING wanted arborvitae shrubs in the landscape strip abutting the properties located on the west side of Woodland, he would have the shrubs planted right away. Staff will report back to the Council at the next meeting regarding the type of noise barrier that needs to be installed. 0780 COUNCIL BILL 1978 - ORDINANCE AMENDING COMPREHENSIVE PLAN MAP AND CHANGING ZONING DESIGNATION ON PROPERTY LOCATED 0993 SOUTH OF WEST HAYES ST. AND EAST OF I-5, AND APPROVING PRELIMINARY SUBDIVISION PLAT OF SAID PROPERTY (Montebello Subdivision). Council Bill 1978 was introduced by Councilor Chadwick. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Brief discussion was held on Section 3(C) regarding the developer meeting with the residents to resolve privacy, security, and sound abatement issues. Attorney Shields suggested that the condition remain in the Council Bill since it was an original condition and, from the staff's prospective, that condition has already been complied with by the developer. Councilor Bjelland questioned if the condition to record the conditions of approval needs to be added to the Council Bill. Attorney Shields stated that, based on the Council's previous action, the Planning staff would be recording the ordinance and conditions on the subdivision. On roll call vote, the bill passed unanimously. Mayor Jennings declared Council Bill 1978 duly passed with the emergency clause. COUNCIL BILL 1979 - ORDINANCE AMENDING COMPREHENSIVE PLAN MAP ON 5.91 ACRES OF PROPERTY FROM HIGH DENSITY RESIDENTIAL TO COMMERCIAL AND CONCURRING WITH MARION COUNTY ON THE PROPOSED CHANGE FROM MARION COUNTY COMMERCIAL RETAIL TO COMMERCIAL GENERAL (515 S. Pacific Highway: Lawrence & Marilyn Paradis). Council Bill 1979 was introduced by Councilor Chadwick. The two readings of the bill were read by title only. Mayor Jennings stated that Attorney Shields has drafted the ordinance so that it will not need to come back to the Council for another ordinance or resolution after the County Commissioners complete their portion of this land use issue. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1979 duly passed with the emergency clause. Page 7 - Council Meeting Minutes, July 12, 1999 COUNCIL MEETING MINUTES JULY 12, 1999 8A TAPE .READING 1060 COUNCIL BILL 1980 - RESOLUTION ENTERING INTO AN AGREEMENT WITH R & W ENGINEERING FOR REPLACEMENT OF HVAC SYSTEM AT .1120 THE WOODBURN PUBLIC LIBRARY. Councilor Chadwick introduced Council Bill 1980. Recorder Tennant read the bill by title only since there were no objections from the Council. Director Sprauer stated that this agreement will cover only the engineering study and, once completed, staff will be able to plan for a future upgrade and/or replacement of the HVAC system which has not operated properly since the building was built 20 years ago. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1980 duly passed. COUNCIL BILL 1981 - Rlz~OLUTION CONSENTING TO THE APPOINTMENT OF PAUL NULL AS POLICE CHIEF AND AUTHORIZING EXECUTION OF AN EMPLOYMENT AGREEMENT. Council Bill 1981 was introduced by Councilor Chadwick. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1981 duly passed. .1150 CITY ADMINISTRATOR'S REPORT. Administrator Brown stated that he is in the process of developing a performance evaluation form to be used by the Council in evaluating the City Attorney and City Administrator' s work. As part of this process in developing the evaluation form, the Council needs to give the public an opportunity to comment on the evaluation form and, following the receipt of public comment, the Council can finalize the form which will then be used to evaluate these management positions. He stated that he will then utilize this same performance evaluation form for all top managers. He briefly reviewed the four major areas to be reviewed: work product, desirable characteristics in the employee, interpersonal relationships, and management. He also reminded the Council that they had previously established a pay scale which included a merit pay range and he will be developing a performance evaluation form to be used by managers for the purpose of implementing future merit pay increases. 1355 MAYOR AND COUNCIL REPORTS. Councilor Figley thanked all of the volunteers who worked at the Fourth of July Celebration for making it another successful year. In particular, she thanked Vee Ott, Larry Krieghauser, and Don Eubank for their work in organizing this event. Councilor Bjelland stated that this event was well-attended and the fireworks display was outstanding. Mayor Jennings stated that the TV cameras have been installed and they will be operable by the next regular meeting. Page 8 - Council Meeting Minutes, July 12, 1999 . 8A TAPE READING 1447 COUNCIL MEETING MINUTES JULY 12, 1999 Attorney Shields stated that it will not be necessary to hold an Executive Session at this meeting. ADJOURNMENT. FIGLEY/PUGH... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:16 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, July 12, 1999 MINUTES Woodburn Recreation and Parks Board July 13, 1999 Settlemier Park 1. CALL TO ORDER The meeting was called to order at 6:15 p.m. in the Picnic S~!ter:~i~ettlemier Park by Vice Chair Debbie Wolfer. ~:::::?:: ' Members Present: Janet Greenwell; Darryl Members Absent: Lee Ehrens; Frank Anders~iliiiiiiiiiiiiii!iliiiiiiii.:~ Superintendent and Kathy Willcox, Aquati~=:~r~i!!iiiiiiiiiiii~::~::~'"-"'"'"'"'"'-'""-"i- The minutes of the June 8, 1999 .~lng ~i~!:..der.~:for approval, MOTION: D. Kelly: M~a to ap..::p.?~ve ~~s of the June 8, 1999 .:~i~,.~ting. ~.,,.~i~ii::::: ..??~' ........... P. Watts: .:~!iiiiiii!~""~n~:;~ihe Ten .p.::~~ii~sent"t~i!~iSeak regarding skateboard facilities in Woodburn. x:::}! ii~i:" "' ..... ":;;:!!:~:!:::!:~:!:i~:::i:ig!~ :!:!:i ~:!:i ~::.. '" .:~::!?::::!!:'" ==================================================== 5..~ ::::i~?B U S I N E S S D IRECTO R · :::::::::::::::::::::: .:[:!:!:i:i:~:!:!: ~ ..... ................ z /v/s/o .:i:[:i:i:~:~:£:i:i:~; ° . .... i?~iiiiiiiiiiii?~iiii?:~!. Leis~' Services: The Board reviewed a written report from Brian Sjothun. !!!iiiiiiiiiiiiiiiiiii!iiiiiiiiiiii:~ii:~iiiii::~ii::iii::::?:ili~"'6ie Wolfer commented that additional details regarding restrictions for '~::i iiii~i!~!::iii~iii~!iii:~i~i!!~:i~!i~:i!iii~i~iii!ii!i!iiiii~ flag football program need to be distributed to the public. 2. Aquatics: Kathy Willcox reported that preliminary contacts were made with Molalla High regarding scheduling for the upcoming swim season. She told the Board that Molalla's school schedule will make it difficult to practice early in the morning and an evening practice will keep kids out until 10:00 or 11:00 p.m. The Silverton High athletic director has not been available to , , 8B MINUTES Woodbum Recreation and Parks Board July 13, 1999 Page 2 discuss Silverton's schedule. Staff will work with both schools to work out the best possible schedules. Molalla High is interested in hosting the District 2 swim meet at WMAC. . Kathy reported that summer visitation to WMAC is b~S~i SWim lessons have been very popular. 3. Park Maintenance: John Pitt reported mat Cente~ial however we are in the "punch list" sta~!~f the,~iCbject. Thi~i::ii~l~!i~?:21- item list of tasks to adjust, repair and ~!~:items before accept the project. Randy has sent a I~i!~iigeneral contract~' with firm John told the Board that the Settlemi.~ Park ~i~iii!~ter building will arrive for installation tomorrow..:·::~iiii~ii~grking o~ii~i~:to have utilities installed. Because of sophi~(~ii~~muni~i~s cables in Settlemier Road, he is having trouble:~ing ~i~~[..t...o.,.::~re under the street for The Public Works ~rtment.:~:;~i~ns to o~n the culverts in the creek on the south boundary o~!~iemie~ii~ark. W~D will work with PWD to ensure that the creek is ~ttfactive .~:.beco~ an asset to the park. BuildiDg~iD.tenanceiDi~iD~¥Will assume new square footage in about : i: :.i~: !ii~:wee~~ii(he "City H'~'ff~Annex'' is opened. Additional responsibilities DiviSib~!!D~9 the Settlemier Park Drop-in Center, :~:PO!!~J~qsticeiS~·~i~ie~ex and new Wastewater Treatment Office. . ::;::iRi~iP~:~as pr6~ted to Utility Worker II because of a new position : ::"addea~{~iMaintenance. The Department is currently conducting an in- ::?:~house r~8it~b~t to add another Utility Worker I to the Parks Division work .........~:~:~::~... John r~rted that the LDS Church will complete a volunteer project to clean ::~:::?:?.. up thei~lanters at Senior Estates Park on July 24. They expect as many as .... !.~i![6 participate. ~ il iiiii!~!!:i??Administration: Randy Westrick thanked management staff, John Pitt; Ron Palmer; Kathy Willcox and Brian Sjothun for their work in his absence during his vacation last week. The Department ran smoothly thanks to their attention. Randy reported to the Board that archaeological research is underway at N. Front Street Park. Recent discoveries have placed humans in Woodbum as SB MINUTES Woodburn Recreation and Parks Board July 13, 1999 Page 3 long ago as 13,000 years. More digging in the park will take place later this month. The Department is now interviewing candidates for the'vacant clerical position. Within the next two weeks the vacancy will:!befilled. This too is and in-house recruitment. o 6. 1999-00 BOARD GOALS/SKATE PARK PROPOSAL The Board combined these two items as part~:i~iiiiai~QUi~°f Settlemier P~-ii:i~:~D'uring the tour the Board saw where the new buildin:~ ~a!~i:ibe built and where the PWD will route the creek through the park. As the BCa~:ii~...the park, a location was found that could suit skate board facility developme~t!iii:i~!~SJocatlon was west o the baseball field ouffield. It will be visible...f-!;~3m Dro¢~i~.i~(er~. Within the next two or three weeks, staff will organize.a=:i~ii~O[, the Bo~iii~i~eople interested in building a skate facility. The tour wi![ii~i~ilities in '~, Keizer and The Board noted that the pa~:i~:eeds ani:~ii~gati~!i:~i~m and more security lighting. The Board also ~ the b~y playgr~'nd and commented that it was D~ii~9!!y coni~t~iitbat cars 'h:aB:~been parking in the access drive at Wyffle The:Board agi~:by:~nsensus to adjourn at 7:50 p.m. N~ MEETING DATE:: :: ~i~..n.:$., sta~:~:iii:~:poll Board members to decide if a quorum is possible. 8C MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: ROLL CALL: STAFF PRESENT: GUESTS: CALL TO ORDER: SECRETARY'S REPORT: DIRECTOR'S REPORT: June 23, 1999 Phyllis Bauer - Excused Barbara Pugh Kay Kuka - Present Pat Will Dorothy Jaeger - Present Mary Chadwick Ex-Officio Judy Coreson, Recording Secretary - Present - Present - Present None President Dorothy Jaeger called the meeting to order at 12 Noon. Linda could not attend this meeting due to illness. The monthly Board minutes of May 26, 1998 were approved as submitted. Monthly Statistics: The monthly statistics were self-explanatory. The number of people visiting the library for 12,799. The Board commented that circulation continues to show a decline. Circulation for the month of May was less than the previous three years of the same month. Activities: A list of activities was distributed to the Board. The Children's Summer Reading program sign-up began June 21. On June 24 at 11 A.M., Jory Aronson will present a music concert with puppets, drama and action at the Community Center. On Tuesday, June 29, at 7 P.M. at the library, unique and funny stories by David Wiesner is scheduled. There will be crafts and games also. "Actors in Action" will entertain with performances of the lives of Tom Sawyer, Pecos Bill, Scrooge and many other characters. This program is scheduled on June 30 from 3 to 4 P.M. at the Community Center. On July 7 from 3 to 8 P.M. in the Library park, a Craft Fair will be held where children can make medieval crafts to take home. They can jump and bounce inside the 15 foot tall balloon dragon. On July 14 at 11 A.M. at the Woodburn Community Center, Rita Brown and Bill Smyth will perform original music and songs from the Willamette Valley. The Young Adult Prize party will be held July 20 at 3 P.M. Nicole Rubel, author/illustrator, will use slides showing paintings that influenced her work on July 22 at 3:30 P.M. at the City Council Chambers. On July 28 at 11 A.M. at the City Hall Council Chambers, Gregory Harris will perform using unique shadow puppets. Volunteer of the Month: Marguerite Moomaw was chosen Volunteer of the Month for May. Project Update: The sidewalk on the east side of the building has been finished. The installation of the underground sprinkler system on the east and north side of the building has not begun as yet. The engineering study of the Carnegie building by Dortignacq and Associates has begun. A recommendation for an engineering firm to do the study of the library's HVAC system will go to the City Council next Monday night for their approval. The new shelving has arrived and will be put together and installed soon. Linda will contact vendors concerning a Self-CheckOut after July 1, the beginning of the new fiscal year. OLD BUSINESS: Luncheon for Outgoing and Incoming Board Members: This luncheon will be held at the next Library Board meeting, July 28 at Sally's Restaurant. "Planning For Results": The State Library's training project will be tomorrow, Thursday, June 24, from 9 A.M. to 4 P.M. at Salem Public Library. Staff members Linda and Donna and Library Board members, Phyllis, Pat, and Kay plan to attend this training session. Internet Policy: Atthe last meeting, the Board discussed the proposed wording of an Internet policy concerning access and filters. President Dorothy Jaeger requested the City Attorney's opinion of the policy before the Board approved it. In response, Bob Shields replied: "At your request, I have reviewed the draft poficies and procedures related to use of the Library Internet system. I am very much aware of recent litigation concerning Internet filters. However, the policies and procedures you have proposed do not impose filters and maintain free and open access. Based on what you've provided to me, I see no present issue related to constitutional free speech." Linda will have the librarian staff review the policy. The Library Board will vote on its approval at the next monthly meeting. Library Board Minutes -6~23~99 2 Patron Objection To Tape: Board member, Pat Will listened to and evaluated a western audio tape that a patron had objected to. Pat thought the story was good and did not find any problem with the tape. She felt the same content could be found in any other reading material. NEW BUSINESS: President Dorothy Jaeger signed a letter of appreciation and Board members signed a resolution of appreciation to Thomas and Gayle Tweed for their donation of $500 for the purchase of books-on-tapes. BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: None ADJOURNMENT: The meeting was adjourned at 12:30 P.M. Respectfully Submitted, Judy Cd'reson Recording Secretary Library Board Minutes - 6/23/99 3 81) WOODBURN PLANNING COMMISSION July 8, 1999 CONVENED The Planning Commission met in regular session at 7:00 p.m. with Chairperson Young presiding. ROLL CALL Chairperson Vice Chair )erson Comm,ssloner Comm~smoner Comm,ss~oner Comm,ss,oner Comm~smoner Commissioner Commlssmner Young P Cox P Will P Lawson A Gunderson A Lima P Mill A Bandelow P Lonergan P Staff Present: Steve Goeckritz, Community Development Director Nancy DeVault, Secretary Staff reported that Commissioner Lawson is still recuperating. Commissioner Young also reported that Commissioner Mill is in Dallas on business. MINUTES Commissioner Will moved to accept the June 24, 1999 minutes as written. Commissioner Bandelow seconded the motion. Motion carried. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS None PUBLIC HEARING A. SPR 99-03, Unocal 76 Station, Adjacent to Oil Can Henry's Staff read applicable ORS statement and provided presentation as reflected in the Staff Report. Testimony by Applicant Peter Kappertz, Kappertz Design Corp., 11930 SE Zion Hill Dr., Gresham, OR stated that they are employed by Stein Oil Co. to develop this site plan. He commented that they realized that 4 dispensers with 8 fueling positions as originally proposed were quite an intensive use for this size lot. Mr. Kappertz further added that the plan before the Commission shows a facility with only 3 dispensers and 6 fueling positions. He explained that they will be receiving a letter from Bi-Mad in support of this development and acknowledgment that the easements are recorded and available for their use because they Planning Commission Meeting - July 8, 1999 page 1 of 8 benefit the parcel they are proposing to develop. He pointed out that their customers will be already on the road thus, they will not be creating more traffic. Questions Commissioner Lonergan inquired as to the size of the tanks. Peter Kappertz. replied they have a 20,000 gallon tank and a 12,000 gallon tank that is split into 2 compartments to provide 2 products in 1 tank and the vents will be going up the side of their utility building. Commissioner Lonergan also asked whether it will be paved over? Peter Kappertz said it is a drive able surface. He stated that the minimum volume to make this site justifiable in terms of capital expenses would be about 100,000 gallons a month. Commissioner Lonerqan questioned whether this facility will be a 24 hour operation? Bob Stein, President of Stein Oil Co. interjected to say that at this point in time it will not be a 24 hour operation unless there is sufficient traffic in business. Vice Chairperson Cox expressed his appreciation to the applicant for putting in the extra work to make some beneficial changes. More importantly, that they have given the Commission clearer information and documentation. Commissioner Lima asked how many types of fuel will be dispensed? Peter Kappertz stated they are looking at a total of 4 products, 3 gasoline products and 1 diesel. They are only going to store 3 products and the mid-grade will be blended between super and unleaded. Commissioner Lima stated that there is no question in that the site plan shows a better plan for cars and the pumps but he continues to have significant concerns about the egress and ingress. Peter Kappertz explained that 95% of the trips would be traffic that is already on Highway 214. Commissioner Lima pointed out that persons at Bi-Mart, Shop-N-Cart, Sears and Coastal Farms will see a gas station there and their first inclination will not be for them to go back to the highway, enter the station and get out again, but to come in from the south side and create a bottle neck there. Peter Kappertz reported that the intent is for the cars to leave the highway, go through their site and go through the Bi-Mart easement to the existing 3-way driveway on the highway. The exiting right turn lane to the highway was primarily illustrated for Oil Can Henry's cars so that they can maintain their existing traffic flow. He added that they are trying to discourage gasoline customers from going through the Oil Can Henry's site. 8]) Planning Commission Meeting - July 8, 1999 Page 2 of 8 8D Commissioner Lima stated that the good intentions may not prove to be what the applicant is trying to accomplish i.e. right turn only sign at McDonalds. He stated that he has seen even trucks getting in from the left in the area by the freeway. Commissioner Lima continued to express his concerns and stated that the site may not be the best for the community. Peter Kappertz responded that they are not expecting to have a significant impact on the number of cars on the road but they are increasing the trips on and off of the road. He added that they can only go so far as to controlling peoples behavior. Mr. Kappertz remarked that ODOT is in support of the new driveway configuration because it provides better control of the right in right out access than the existing configuration. Bob Stein interjected to they would be willing to put up proper signage to reassure the Commission and their customers that they can in fact get the proper flow. He added that they will self-enforce what they have to. Commissioner Lima expressed his concerns with this project creating a bottleneck in the future. Commissioner Will asked what the connection is between Vision Oil and Stein Oil? Peter Kappertz replied that Vision Oil is the property owner and Stein Oil is the property purchaser. Commissioner Will also inquired if they have worked out everything with ODOT? Peter Kappertz reported that they have gone through the complete ODOT process other than the City representative signing off. Commissioner Will stated he did not have page 2 of the application and inquired if there is anything else on this page? Peter Kappertz explained that page 2 are normal conditions requiring about 20 standard items that ODOT uses to govern work in the right-of-way. Commissioner Will questioned what the peak hours will be? Peter Kappertz clarified that peak hours are during the morning commute to work and the afternoon commute home with a small peak at the mid-day hour. Commissioner Will asked where they will receive the fuel from and what is the normal size of the truck that off loads? Peter Kappertz answered he believed it comes from a terminal in Portland. The normal truck size is 10,500. Chairperson Young referred to page 1 of the easement agreement and inquired whether a fuel truck is not considered as heavy hauling? Planning Commission Meeting - July 8, 1999 Page 3 of 8 8]) Bob Stein remarked that it will be empty when it goes out. Chairperson Young asked if the entrance coming by the underground tanks is also the entrance into Oil Can Henry's? Peter Kappertz replied affirmatively. He explained that they will have shared access easements north and south along the property line. Chairperson Young commented that this is a much better design than originally presented. However, he shares Commissioner Lima's concerns regarding the amount of traffic exiting out through the Bi-mart parking lot. Peter Kappertz reported that Bi-Mart has 3 access points, two on Highway 214 and one to a side street that goes to 99. Commissioner Bandelow expressed her concerns regarding the lining up of the driveway into the Shafts - Safeway complex across the street. Peter Kappertz replied that this is proper traffic planning. Commissioner Lonergan inquired whether a truck and trailer will be able to go directly in the site without having to swoop over to the second lane of Highway 2147 Peter Kappertz responded yes and pointed out that the driveway has been widened and the radius of their curb changed. Testimony by Proponents None Testimony by Opponents None Discussion Chairperson Young closed the public hearing. Commissioner Lima stated that his concerns continue to be what he had previously expressed and remarked that he is not in favor of having this type of business in this location. Vice Chairperson Cox understands Commissioner Lima's and Bandelow's concerns but he does not believe that the project will generate any new traffic along the road. He favors the project. Commissioner Will also favors the project and stated that the reduction of one fueling island made the most difference to him. Commissioner Loneraan commented that a well run station certainly can generate trips but he also thinks that you can control your flow of traffic through there. He stated that the Planning Commission Meeting - July 8, 1999 Page 4 of 8 8D project meets all of Staff's condition of approval and therefore he is in favor of it. Commissioner Bandelow remarked that although she has some reservations concerning the traffic, she is in favor of the project. Chairperson Young added to state that he is looking at a much improved plan, reputable business person and it is an allowed use and therefore feels in favor of the project. Vice Chairperson Cox moved to agree with Staff's prior approval of the plan as modified and subject to the conditions that were already imposed by Staff. Commissioner Will seconded the motion. Motion carried with Commissioner Lima voting No. FINAL ORDER A._,. Site Plan Review 99-11, Variance 99-04, 1175 E. Lincoln Street, Four Square Church Vice Chairperson Cox stated he would abstain from voting because he was not present for this meeting. Chairperson Young reviewed the final order and stated all the Commissioner's concerns were addressed. He referred to the Police Department memorandum, item 5 of the recommendations and stated that he thought that disabled parking is required. Staff responded that it is required and it has been identified on site already. Chairperson Young also referred to Attachment F item 3 of the site plan review and inquired whether the minimum 16 foot wide utility easement to be conveyed to the City is part of the existing sidewalk area? Staff replied yes. Commissioner Will moved to accept Site Plan Review 99-11 and Variance 99-04 and be signed by the Chairperson. Commissioner Lima seconded the motion, which unanimously carried. B._~. Annexation 98-04, Zone Map Amendment 98-05, Minor Partition 98-04, 1055 Mt. Hood Avenue, John Hibbard, Franklin & Emily Doss Vice Chairperson Cox stated he would again abstain from voting because he was not present for this meeting. Commissioner Will moved to approve Annexation 98-04, Zone Map Amendment 98-05 and Minor Partition 98-04 and have the Chairperson sign it. Commissioner Lima seconded the motion. Motion carried. DISCUSSION ITEMS A.~. Site Plan Review 99-15, Property Line Adjustment 99-01, 798 Wilson St., Oregon Rehabilitation Housing Association Staff explained that this is a single family residential home and it really does not require Planning Commission Meeting - July 8, 1999 Page 5 of 8 for it to come for review but he wanted to make the Commission aware that this is a facility that will be used as a group care home. He further added that HUD makes allowance and overrides all local jurisdictions in regards to zoning in these cases. It is a permitted outright use. Commissioner Will moved to accept Site Plan Review 99-15, Property Line Adjustment 99-01 administrative approval by the Planning Director. Vice Chairperson Cox seconded the motion, which carried. B_~. Woodburn High School Sinage Commissioner Will commented he read the City Attorney's comments and stated that the only thing they can do is to go for an amended ordinance to cover all the bases and as far as acceptance of the Variance he added that he could not support the Variance based on the attorney's comeback to them. Chairperson Young remarked that it does not seem that it has left the Commission with anything that they can really say or do about it. Staff inquired if he raised all the questions and concerns the Commission raised? Commissioner Will said he had. Staff remarked that the Variance is weak because what we have is a non-conforming sign. We do not make allowance for sinage and that is one of the faults of the sign ordinance. Vice Chairperson Cox inquired whether we prohibit signs or we just do not address them at all? Staff replied that it is true that we don't address them. Staff read the ordinance. Chairperson Young clarified that the Commission agrees that this will be a great opportunity for the school and their concerns are for outside of this use. Commissioner Will asked how could we work it so that we can allow a sign there but not somewhere else in town where we did not want it to begin'with? Staff stated he does not believe that we could deny a sign that meets the square footage and does not exceed the sign heights. Vice Chairperson Cox commented he felt this should not be handled as a Variance but assuming that it is, we should grant it. If nothing else, it gives us the opportunity to impose some conditions. Vice Chairperson Cox moved to approve the Variance with the conditions recommended by Staff including the one about removing the old one and locating the current one. Commissioner Lima seconded the motion. Motion carried with Commissioner Will voting No. 81) Planning Commission Meeting - July 8, 1999 Page 6 of 8 Commissioner Lonergan inquired if one of the conditions was to establish a 3 minute time frame for the message. Commissioner Will asked if the point regarding advertising was covered? Staff stated that the School District indicated they are willing to just stay with community messages. Vice Chairperson Cox moved to amend the previous approval by adding the 3 minute intervals condition. Commissioner Bandelow seconded the motion, which unanimously carried. C._~. Amendments to the letter to City Council regarding Commission's Concerns about Portable Toilets Commissioner Bandelow requested some reference be made in the letter regarding the addition of a concession stand with no washroom facilities and establish a time table. Vice Chairperson Cox commented that it is not clear to him in the letter that the Commission hopes that the Council will take action on the portable toilet issue in addition to the wash rooms. Staff will mail a draft letter to the Commission for their comments. D.~. KWBY Radio Request to House Station at the New Napa Store Staff explained that the request involves placing satellite dishes on site. Commissioners took a 10 minute break to review the information regarding KVVYB Radio request. Staff requested the Commission's guidance in how to proceed with this issue. Vice Chairperson Cox thought that this project falls under the definition of what is considered site review and therefore, should be handled with a regular site review application. Commissioner Will concurred with Vice Chairperson Cox. It was the Commission's consensus that this project be handled as a regular site plan review application. REPORTS A_~. Building Activity for the Month of June 1999 BUSINESS FROM THE COMMISSION Chairperson Young appreciated the copy of the action regarding the Shop-N-Cart fence provided by Staff. Commissioner Will referred to Staff's comments found on page 7 of the June 24th meeting and stated that the Commission does have the right to bring up matters of safety, health 8D Planning Commission Meeting - July 8, 1999 Page 7 of 8 8D and morals subject to the convenience and welfare of the City and of the area, as stated in Chapter 6 of the Woodburn Zoning Ordinance, Section 6.040. Staff replied that as far as the ordinance itself this is correct but as far as the toilet issue it is pretty much a County issue. Vice Chairperson Cox mentioned that there has been no work done on Hazelnut Street. He further stated that there is a written guarantee by Tukwila Partners states that the fancy brick work would be maintained by them. Staff will follow up on this issue. Commissioner Bandelow requested information from the Woodburn School District regarding the cost of the sign. She would like to weigh this with the cost of rest rooms. Staff will call Bill Keys for the information. Staff also informed the Commission that soon the Planning Commission meetings will be video taped as done with Council meetings. ADJOURNMENT Commissioner Will moved to adjourn the meeting. Commissioner Lonergan seconded the motion. Motion carried. Meeting adjourned at 8:35 p.m. Planning Commission Meeting - July 8, 1999 Pag'e 8 of 8 WOODBURN WORLD'S BERRY CENTER MUSEUM regular meeting 7/14/99 I CALL TO ORDER Pres., Vance Yoder called the meeting to order at 1:00 p.m.. Present: Eaden, Baynham, Kelley, Westrick, Smith. A quorum of 6 board members was established. II MINUTES 5/12/99minutes were accepted as read by a motion by LenKelley. The motion/seconded/passed- 6/9/99 minutes were read. Oommunications: Chemeketa Genter For Learning in Retirement sent their schedule of French Prairie History: July 12: 9:00 a.m Champoeg July 19 " '" Mission Mill Museum/bus/Marion Oo. Historical July 26 @ 9;00 a,m. meet in Museum and hear about author~ Annabelle Prant · Also hear Bob Ba nham Red Eaden Bev outne and Hazel Smith about istor of Woodburn. Tour of ett emier House~ August 2: 9:00 a.m. Aurora/dine at American Legion Hail. August 9: 9:00 a.m. St. Paul, Oregon and Joe McKay. III UNFINISHED BUSINESS Jon Bernard play 2 weekends in July. Independent is printing welcome to Museum. Susan King is still interested in selling antiques at the vestibule of the Theater. IV NEW BUSINESS Election of officers was postponed. Randy Westrick said Manager John Brown wantsinput as to what we expectof the City and ourselves. Kelley spoke about an autonomous group of all historical organizations. Red Bob Baynham has thunder eggs to give away to visitors. will make the sign. V ADJOURNMENT 2:00 o'clock Next meeting August 11. Hazel M. Smith, recording secretary 8F MEMO TO: FROM: SUBJECT: DATE: City Council Through City Adminstrator /-~/? Public Works Program Manager ,z~~ Summer Water Use Information for the Public July 21, 1999 The City of Woodburn has an adequate supply of water to supply the needs of its residents. In the summer, when water use is at its highest, the city suggests that residents make some adjustments to how they use water for outside uses such as watering of yards and gardens. Water use during the hottest part of the summer is often three to four times the quantity used during the winter. Occasionally, although it hasn't happened yet this year, in the summer in the afternoon and evening between 4:00 pm and 10:00 pm city water use will exceed the amount that the wells can produce and the water tank is drawn down to make up the difference. Staff recommends that residents restrict their outside water use, particularly for lawn watering, during this time period. This will help insure that there is an adequate supply for' residents use and also reserve capability to meet fire protection demands if they are needed. Lawn watering during the cool parts of the day, generally before 10:00 am, is best since it reduces the amount of water that evaporates and reduces the potential for disease. A good way to see if the lawn needs watering is to step on the grass. If the grass is stepped on and it springs back it does not need water. If it stays flat it is time to water. When watering do it long enough for the moisture to soak down to the roots where it will do the most good. A good guide is to water long enough to fill up an empty tuna fish can with water. Also position sprinklers so water lands on the lawn or garden and not on paved areas. Other hints to reduce outside water consumption include sweeping your driveway and sidewalks instead of hosing them off with water. Do not run the hose while washing the car. Also check for leaks that may be present in the sprinkling system or other outside water devices. By reducing outside water use during the hottest part of the day from 4:00 pm to 10:00 pm Woodburn residents can insure that there is an adequate supply of water for use by residents and sufficient reserve capacity to meet potential fire protection needs. Once again there is no shortage of water for domestic use. 8(; MEMO TO: FROM: DATE: SUBJECT: City Council through City Administrator Frank Tiwari, Public Works Direct .o~ July 22, 1999 Status of Goose Creek Pipe Installation Project Recently the city has received bids for installation of storm drain pipe to eliminate the existing ditch that is a safety hazard for children. This ditch, known as Goose Creek, is located between Henry's Farm Subdivision and Lincoln Elementary School on Boones Ferry Road. Although many issues have been resolved, the contract award recommendation is not being forwarded to the city council at this time because we have not received a permit from the Corps of Engineers as yet. The cost sharing formula for installation of pipe was approved by the city council last fall. The Division of State Lands has given its approval and staff has met with property owners regarding the easement and a deposit to cover their share of the cost. Staff has provided an easement document to each affected property owner and will work with property owners to resolve the issues of concern to them. However, without a permit from the Corps of Engineers the project cannot proceed. I want to make the City Council aware that the application for permit was made on March 4, 1999. I have proposed different mitigation options to the corps for their decision. It appears the corps representative wants the city to keep a smaller size ditch (two to three feet deep) between the pipes in back of the subdivision lots. I have advised the corps that the maintenance of such a ditch behind individual lots will be difficult and does not eliminate the hazard to the city's satisfaction. Staff plans to continue discussions with the representatives of the Corps of Engineers until we arrive at a satisfactory decision. However, council needs to be aware of the problem and the reason staff has not presented the contract award at this time. GST:Ig Attachments: 1) Information letter to property owners from Randy Scott 2) Mitigation option letter to Corps of Engineers from Frank Tiwari GoosecrkPipelnstallationProj. CC CITY OF WOODBURN 270 Montgomery Street · Woodburn, Oregon 97071 · (503) 982-5222 TDD (503) 982-7433 · FAX (503) 982-5244 8G July 22, 1999 iVIIL~II(1UI k.,lliill~l O-tO- JlJllle /-Ill./Il-/ RE: Lot 29, Henry's Farm Subdivision, 1288 Mayanna Drive. Dear Property Owner: This is a follow up letter/meeting in regard to the proposed drainage improvements along the south portion of the above referenced property. The city has been requested by some of the adjacent home owners, homebuilders and the Woodburn School District to develop a cooperative pipe installation project and eliminate the existing open ditch for safety reasons. The City Council did approve the above request and construction plans for the pipe installation have been developed. Originally the city proposed that the property owners be responsible for the cost of materials for the improvements, which was estimated at $5000.00 per lot. The city has since reduced this amount to a fixed cost of $3,430.00 per lot, which is slightly less than 40% of the estimated construction cost. The School District has provided the necessary easement to the city and the school board has approved the cost share distribution, in the fixed amount of $36,000.00. The city council approved the cost share of $ 3,430 per lot for the properties located north of the ditch and $36,000 for the school district property. The cost to the city is expected to be more than $50,000. It should be noted the property owners cost share has been fixed and the city cost is variable. If the final project cost is more then the project estimates, it will be absorbed by the city. In order to accomplish this project, a following things need to happen Proper easements need to be conveyed to the city by all affected properties. A permanent easement of 20 feet in width. At locations where no permanent structure has been constructed a temporary construction easement of 15 feet in width is being requested on the affected lots adjacent to the drainage way within the Henry's Farm Subdivision. ( Note: The School District has already provided the necessary easements to the city.) 8G All affected property owners in Henry's Farm Subdivision need to deposit the fixed amount of $3,430 for the affected lots adjacent to the drainage way, or make agreement with the city for a payment plan. This deposit will be placed in a city recorder trust account to fund the improvement. A regulatory permit from the Division of State Lands and the Army Corps of Engineers will need to be obtained prior to start of construction within the drainage way. The city has applied for this permit on March 4,1999. On March 30, the Division of State Lands responded by letter, indicating that no state permit would be required from them to construct the proposed culvert and fill as we proposed. On May 14, the Corps of Engineers responded by letter explaining they had some concerns on the project and a permit would be required. So far staffhas not been able to receive approval fi.om the corp of engineers for the pipe installation. Enclosed is the permanent easement which describes the southerly 20 feet of your lot. If no permanent structure exists, a temporary easement which describes an additional 15 feet in width north of the permanent easement is also included. I have included a map showing both the permanent and temporary easements. We would request that you sign the attached easement and return it to us as soon as possible. The document must be notarized, We have a notary on staff at city hall that can provide this service to you. As mentioned above, the project has been bid and a contract could be awarded to the apparent low bidder to complete project without delay. However, without the Army Corps permit it appears the project may need to be delayed. The construction in the wet winter months is not practical for this project. Your signed easement and deposit of $3430.00 in a city recorders trust account will facilitate decision for faster action if Corp. of Engineers permit is received. If you have any questions or I can be of any further assistance please don't hesitate to contact me at 503.982.5247 C.E. Tech III RTS File Public Worlis Dir ,e(>[or July 14, 1999 CIIT¥ OF WOODBURN 270 Montgome~, Street · Woodburn, Oregon 97071 · (503) 982-5222 TDD (503) 982-7433 · FAX (503) 982-5244 8G Mr. Richard Gebhart Ecologist/Senior Project Manager Corps of Engineers PO Box 2946 Podland, OR 97208-2946 Ref: Corps Number 99-317 Dear Mr. Gebhart: Thank you for your field visit on June 15 and for your recent letter of July 2, 1999 that addresses some of your concerns regarding the storm drain pipe installation project in VVoodburn. I will try to respond to two of your major concerns, namely, pipe capacity and mitigation need. A Pipe Capacity Issue Please note that the two pipes proposed to convey the storm water have enough capacity to carry a 50-year storm run off. The run off amount was calculated by Crane and Merseth Engineers utilizing computer modeling and the pipe sizing was done utilizing Manning's Equation. This letter should be considered as a certification from me, the City Engineer, that the pipe has been properly sized to carry storm water for a 50-year storm event. You should also note that the city has created an additional safety feature that allows water to back into school fields if a pipe blockage occurs during flooding. Mitigation Issue ~ Please be aware that the City of Woodburn is an environmentally responsible public agency that is trying to accomplish a piping project to remove hazardous conditions in the vicinity of an elementary school. The project is supported by the adjoining property owners and by the school district. I have previously indicated that the city will be willing to take appropriate mitigation action that is useful and practical. However, it is not practical to maintain a ditch above the proposed storm drain pipes in the backyard of properties on the west side of Boones Ferry Road. Mr. Richard Gebhart July 14, 199 Page 2 8G I am proposing that you choose any one of the following as the mitigation action to be taken by the city: Option 1. City pay an appropriate amount determined by the Corp of Engineers instead of any mitigation action. Option 2. Woodburn Public Works provide native vegetation and shrubbery at no cost to the property owners for its planting along Goose Creek on the east side of Boones Ferry Road. Option 3. City plant approximately 200 saplings of native trees along Goose Creek east of Boones Ferry and or Mill Creek with property owners' approval. These sapplings will be planted in a distance of 400 yards as proposed by you. Option 4: Any modified combination of the above four options that allows the construction to proceed immediately. Urgent action on Woodburn's permit and its approval with a selected option, as outlined above, is requested so that this safety project can proceed without delay. G. S. Tiwari, P.E. Public Works Director/City Engineer GST:Ig CC: City Administrator City Attorney Engineering, Randy Scott File GOOSECRK~GEBHART 10A cOUNCIL BILL NO. 1977 ORDINANCE NO. cOMPREHENSIVE pLAN MAP AN ORDINANCE APPROVING ANNEXATION 91~.03; CONSTRUCTION AMENDMENT 98-02; zONE MAP AMENDMENT 98-04; FOR THE OF pHASES H AND HI OF A FACTORY OUTLET CENTER; ATTACHING CERTAIN CONDITIONS THERETO; AND DECLARING AN EMERGENCY. WHEREAS, the Woodbum ComPre_,h. ensive Plan and Zoning Map have established certain land uses within the City ofWoodburn s Urban Growth Boundary; and WHEREAS, the Woodbum City Council has reviewed the record in Annexation Case 98-03, Comprehensive Plan Map 98-02, and Zone Map Amendment 98-04, and considered all public testimony previously presented; NOW, THEREFORE, THIg CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The land use applications before the City Council are as follows: A. A request for annexation to the City of Woodbum of Tax Lot 101 consisting of $.0 acres that is within the Woodbum Urban Growth Boundary. B. A Comprehensive Plan Amendment from'~tigh Density Residential" to "Commercial" on TaxLot 101. C. A Zoning Map Amendment in conformance with the Woodbum Comprehensive Plan Map designation from Urban Transition Farm to Commercial Retail. The applicant and owner oftbe Tax Lot 101 is Craig Realty Group - Section 2. Woodburn, LLC. Section 3. The property which is subject to the land use applications is Tax Lot 101, which is legally described in Attachment "A". Section 4. The property legally described in Attachment UA" is annexed to the City of Woodbung based upon the findings and conclusions contained in Attachment "B." Section 5. That the Comprehensive Plan Map amendment from "High Density Residential" to "Commercial" and a Zoning Map Amendment from Urban Transition Farm ("UTF") to Commercial Retail ("CR") in conformance with the Comprehensive Plan Map designation on the Tax Lot 101, which is legally described in Attachment "A", is approved based Page 1 - Council Bill No. Ordinance No. 10A upon the findings and conclusions contained in Attachment "B." Section 6. That the land use approvals herein are subject to the Conditions of Approval contained in Attachment "B", which the City Council finds reasonable. Section 7. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Cou~roval by the Mayor. Approved as to form~.~~~ e-~.., n~ City Attorney Date 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 Woodbum, Oregon APPROVED: RICHARD IENNINGS, MAYOR Page 2 - Council Bill No. Ordinance No. PACIFIC 8405 $.W. Nimbus Avenue Beavcrton, OR 97008-7120 ~TION E-"XHIBIT ~ Page / of / A TRACT OF LAND LOCATED IN THE WILLIAM DAR,ST DONATION LAND CLAIM NUMBER 60, IN SECTION 12 OF TOWNSHIP 5 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN, CITY OF WOODBURN, MARION COUNTY, OREGON, MOPE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNF~ OF THAT TRACT CONVEYED TO RAY STAMPLEY IlL AND CECILIA M. STAM?LEY BY DEED 1LF.,C. OI:LDED ON MAY 19, 1977 ON REEL NUMBER 81, ON PAGE 1629 OF THE MAll. ION COUNTY DEED RECORDS. SAID POINT BEING AT TH~ INTERSEC~ON OF THE NORTH LINE OF SAID STAlV[PLEY TRACT AND THE WEST RIGHT-OF-WAY LINE OF AR/q~Y ROAD (COUNTY ROAD NUMBER 511, 30 FEF. T IN WIDTH); llql~EE SOUTH 08°32~29' WEST, ALONG THE WEST I:t,IGI-~-OF-WAY LINE OF AILNrEy ROAD, 623.94 FFJF. T; TItENCE .1Y:AVING SAID RIGI-Tr-OF-WAY LINE, NORTH 89°23' 14' WEST ALONG THE SOUTH LllqE OF SAID STAIv[PLEY TR.~CT 711.27 FEET; ~CE LEAVING SAID SOUTH ~ NORTH 40°55"22" EAST, 308.17 FEET; THENCE NORTH 14°44'51' EAST 397.53 FF_,ET TO THE NORTH LINE OF SAID STAMPLEY TRACT; TI-IEHC_~ SOUTH 89°06'00" EAST ALONG SAID NORTH IJNE, 500.90 FEET TO THE POllqI OF BEGINNING. SAID TRACT CONTA.I2qS 8.00 ACRES MORE OR LESS. 10A ATTACHMENT Page ..... / of IOA BEFORE THE CITY COUNCIL FOR THE CITY OF WOODBURN, OREGON In the Matter of a Request to approve an ) Annexation of approximately 8.0 acres within ) the Woodburn Urban Growth Boundary, to ) Approve a Comprehensive Plan Map ) Amendment from "High Density Residential" ) to "Commercial" on 8.0 acres and to Approve ) a Zoning Map Amendment in Conformance ) with the Woodburn Comprehensive Plan Map ) Designation of "Commercial" on 8.0 acres ) from "Urban Transition Farm" to "Commercial Retail" FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY. OF WOODBURN FILE NOS. ANNEXATION 98-03, COMPREHENSIVE PLAN MAP AMENDMENT 98-02 AND ZONING MAP AMENDMENT 98-04 I. APPLICATION INFORMATION. A. Apolication Description. This application includes three (3) requests: (1) An annexation of Tax Lot 101 consisting of 8.0 acres that is within the Woodburn Urban Growth Boundary ('UGB"). (2) A request for an amendment to the Woodburn Comprehensive Plan map from "High Density Residential" to "Commercial" on Tax Lot 101 (3) A zoning map amendment in conformance with the requested Woodbum Comprehensive Plan map designation from "Urban Transition Farm" to "Commercial Retail" B. Site Descrioti0n. This site is located northwest of the intersection of State Highway 214/219 and Interstate Highway 5. The application affects one lot of record, Tax LOt 101. This site is fiat with relatively little elevation change. Vegetation on the site consists of native grass. Two drainage swales exist on the property. Adjacent to the site on the south and east is the area of Woodbum Company Stores Phase I approved in 1998. Tax LOt 101 will accommodate Woodburn Company Stores, Phases H and HI. Page 1 - Findings and Conclusions IOA ATTACHMENT Page ~ of Ce Adjacent and On-Site Land Use. Comprehensive Plan Map and Zonin~ Map Designations and Utilities. (1) Adjacent Comprehensive Plan Map Designations. Woodburn Company Stores Phase I to the south and east is designated "Commercial" on the Woodburn Comprehensive Plan ("Plan") map. To the north of this site is the Urban Growth Boundary which is designated Exclusive Farm Use CEFU") on the Marion County Comprehensive Plan map. Land directly to the west of Tax Lot 101 is within the City's Urban Growth Boundary and is designated "High Density Residential" on the City's Plan map. (2) Adjacent Zoning Map Designations. Adjacent property inside thc City is zoned CR. Adjacent property outside of the City but within the UGB is zoned UTF. Adjacent property outside of the UGB is zoned EFU. (3) L~d Use on Adjacent Properties. The property to the north in Marion County is in farm use. The property to the east within the Urban Growth Boundary contains a single-family residence. The property to the south and east within the City limits is under development as Phase I of Woodburn Company Stores. (4) On-Site Land Use. Tax Lot 101 is vacant. (5) Utilities. Public utilities (water, sanitary sewer and storm drainage) are available to the site's boundaries. There will be no difficulty in connecting these existing public utilities and providing public utilities to the site. The applicant is responsible for all on-site public facility improvements. The City of Woodburn ("City") found in 1992 and 1998 that it had sufficient water, sanitary sewer and storm drainage capacity to serve the Phase I retail development. II. PROCEDURAL HISTORY. The Applicant submitted this application on September 18, 1998. After timely notice of a public hearing as required by the Woodburn Zoning Ordinance, the Woodburn Planning Commission heard the application at a public hearing on February 11, 1999. No party requested that the hearing be continued or that the record remain open. The Planning Page 2 - Findings and Conclusions ATTACHMENT- ~ -- lO,/~ Page ~ of ~ Commission tentatively approved the application at the conclusion of the public hearing. The Planning Commission adopted a final order recommending that the Woodburn City Council approve the application on February 25, 1999. The City of Woodburn provided timely notice of the City Council's hearing on May 10, 1999. The City had previously provided the required 45-day written notice to the Oregon Department of Land Conservation and Development for this post-acknowledgment amendment. The Mayor opened the public hearing and read the announcements required by ORS 197.763(5). No party objected to the City Council's jurisdiction. The City Council heard testimony from the applicant and the Oregon Department of Transportation. ODOT requested that the record remain open. However, the City Council chose not to keep the record open pursuant to ORS 197.763(4)(b). This section provides "if additional documents or evidence are provided by any party, the local government may allow a continuance or leave the record open to allow the parties a reasonable opportunity to respond." The City Council finds that this statute provides it with the discretion as to whether to keep the record open. In this case, the application has not changed since the Febr~_~ary 11, 1999 Planning Commission hearing and ODOT had the opportunity to place a letter into the record concerning the application. Moreover, ODOT did not object to the City Council's denial of its request that the record remain open. The City Council also notes that ODOT did not request an opportunity to rebut any additional evidence presented at the hearing but had a full and fair opportunity to make its case during its testimony. The City Council placed no time limits on ODOT's testimony. The Mayor closed the public heating. The City Council tentatively approved the application with a motion by Councilor Figley seconded by Councilor Pugh on a vote of 5-1 (Councilor Bjelland opposed). The City Council directed the applicant's attorney to prepare findings for review by city staff and adoption by the City Council at its meeting on June 14, 1999. The City Council decided not to impose a condition, which was recommended by the Planning Commission, that traffic impact be determined based upon an additional Traffic Impact Study (TIS) to be paid for and obtained by the applicant. However, the City Council added a condition that the City address the issue of required traffic impact mitigation at the time of site plan review. The applicant's attorney proposed findings and submitted them to the City Attorney. After the findings were reviewed by city staff, certain revisions were made and condition IV-6 was added, as follows: "That any additional traffic impact mitigation would be required at the site plan stage, if necessary." Page 3 - Findings and Conclusions ATTACHMENT~ Page~of ~q' -- A disagreement arose between city staff and the applicant's attorney as to whether the City Council intended to include condition IV-6 as part of the findings. At its meeting on July 12, 1999, the City Council was presented Se proposed findings and discussed the inclusion of Condition IV-6. The City Council then clarified its intent through a motion by Councilor Figley. Councilor Figley's motion, seconded by Councilor Pugh, was a follows: I would move that item IV, sub 6 be amended to say that no additional traffic impact study be required of applicant; that the issue of traffic impact mitigation be required at the site plan stage, and no "if necessary." ...I made that motion...someone would second it so we could discuss ..... 10A The motion passed 5-0. A second motion was then made at the July 12, 1999 meetly, g to direct city staff to revise thc Findings and Conclusions to bc consistent with the inclusion of Condition IV-6, as amended, and to present thc revised Council Bill for approval at the fo]lowing City Council meeting. This motion passed 5-0. IH, APPLICABLE APPROVAL CRITERIA. The City Council herein adopts these findings approving this aPPlication. The City Council expressly incorporates by reference the findings as to the applicable approval criteria contained in the applicant's submittal dated September 18, 1998. Where there is a conffict between these findings and that submittal, these findings shall control. A. Annexation. (1) Relevant Approval Criteria. a. Statewide Plannim~ Goals ("Goals"}. (i) Goal 1. "Citizen Involvement." "To develop a citizen involvement program and insures the opportunity for citizens to be involved in all phases of the planning process." The City of Woodburn has established a land use notification and heatings procedures to assure citizen involvement. Page 4 - Findings and Conclusions ATTACHMENT Page ~5--' of (ii) GO~ 2, "Land Use Planning." "To establish a land use planning process and policy framework as a basis for all decisions and actions related to the use of land and to assure an adequate factual base for such decisions and actions." 10A This Goal requires that the City coordinate Plan amendments, including annexations, with affected governmental units. The City has coordinated this application with Marion County, the Oregon Department of Transportation CODOT"), and the Department Land Conservation and Development ("DLCD"). (iii) Ooal 5. "Natural Resources. Scenic and Historic Areas. 0.nd _Open Spaces." "To protect natural resources and conserve scenic and historic areas and open spaces." FINDING: No Goal 5 resource exists on Tax Lot 101. (iv) Goal 6. "Air. Water and Land Resources Ouality." "To maintain and improve the quality of the air, water and land resources of the state." State agencies play a key role in achieving this goal. At the time of development, the Department of Environmental Quality ("DEQ") is responsible for administering permits for drainage and for air Quality ("DEQ") with respect to large parking facilities. The Division of State Lands ("DSL") is responsible for administering wetlands. (v) Goal 7. "Areas Subiect to Natural Disasters and Hazards." "To protect life and property from natural disasters." Page 5 - Findings and Conclusions ATTACHMENT Page {r~ of There are no hazards associated with the subject property. (vi) Goal 8. "Recreational Needs." "To satisfy the recreational needs of the citizens of the state and visitors, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts." The Subject property has not been identified by the City as a potential park site for any type of recreational facility. (vii) Goal 9, "Economic Development." "To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens." The subject property provides the opportunity to reinforce the activity of the existing factory outlet center. There is no other site in the Urban Growth Area with the same locational characteristics. The opportunity for expansion of the factory outlet center to an abutting parcel will better serve the existing market area and expand the market area, thereby creating more jobs and local payrolls. (viii) Ooal 10. "Housing." "To provide for the housing needs of citizens of the state." The City of Woodbum has provided for a variety of housing types and densities in its Plan and implementing ordinances, consistent with the Guidelines for implementing Goal 9. The available inventory of residential land within the UGB exceeds the amount needed to serve future population needs. IOA Page 6 - Findings and Conclusions ATTACHMENT Page ~ o~ -~ As documented on page 39 of the Plan, there is sufficient land designated for residential use in the Plan to accommodate a population of 28,000, plus a surplus that includes approximately 100 acres of both the Low Density and High Density Plan designations. This analysis is based on the carrying capacity of the two (2) residential categories in the plan in relation to the densities permitted in the underlying zoning. The capacity of the Low Density Residential designation is six (6) dwelling units per gross acre. The capacity of the High Density designation is conservatively indexed at a density of twelve (12) dwelling units per gross acre, where the corresponding zoning allows densities ranging up to twenty-five (25) dwelling units per gross acre. (ix) 00al 11, "Public Facilities and Services." "To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development." The subject property is well positioned for the further extension of public facilities constructed to serve Phase I development of the factory outlet center. (x) Goal 12, "Transportation." "To provide and encourage a safe, convenient and economic transportation system." This Goal is implemented by the Transportation Planning Rule ("TPR"). The City of Woodburn has implemented the Goal 12 and the TPR through the adoption of an acknowledged Transportation System Plan CTSP") in 1996, Ordinance 2170. The TSP accounts for the development of all the land within the Urban Growth Boundary as provided for the Woodburn Comprehensive Plan. The TSP fulfills the Goal 12 through facility plans for streets, bicycles, pedestrians, and transit; implementation priorities and a financing program. The City has established a TSP that reflects the annexation and urbanization of the subject property. Additional findings demonstrating compliance with the TPR are found below. (xi) Goal 13. "Energy Conservation." "To conserve energy." Page 7 - Findings and Conclusions 10A ATI'ACHMENT-- page ..~L.~ The development of the subject property will assist in conserving the energy used for shopping by encouraging one stop shopping due to the aggregation of a wide range of goods at a single location. The buildings in the center will all conform with required energy conservation codes. (xii) Goal 14. "Urbanization," "To provide for an orderly and efficient transition from rural to urban land use." 10A Goal 14 provides for an orderly and efficient transition from rural to urban land use. Tax Lot 101 is "urbanizable" and not "rural" since it is within the Urban Growth Boundary. Urbanizable lands are defined as lands with the UGB which are determined to be necessary and suitable for future urban uses, can be served by urban services and facilities and are needed for the expansion of an urban area. The 8.0 acre annexation is an appropriate parcel to be included within the City. Since the property abuts the existing factory outlet center, it is a logical location for expansion of the center. The public need for this particular land use at this particular location was documented in the City's 1992 and 1998 annexation land use approvals of the factory outlet center. As a facility with a regional market area, the annexation provides the opportunity for the factory outlet center to increase its market penetration by expanding in a location that has previously been selected and improved for the purpose. The annexation fulfills the City's need to grow incrementally and to provide for mutually supporting uses. (xiii) Goals 3.4.15 and 16 through 19. The following goals are inapplicable to this proposal: Goal 3, Agricultural Lands; Goal 4, Forest Lands; Goal 15, Willamette River Greenway; and Goals 16 through 19, the Coastal Goals. b. Woodburn Comprehensive Plan. (i) Commercial Development Policies · Plan Policy B-1. The citY should at all times have sufficient land to accommodate the retail needs of the City and the surrounding market area. The Page 8 - Findings and Conclusions ATTACHMENT t~ Page o/ of ~. s/- City presently has four major commercial areas: 99E, 1-5 Interchange, the downtown area and the 214/219/99E four comers intersection area. No new areas should be established. IOA Plan page 14 identifies the special market area considerations for commercial uses at this location: "This area serves as an interstate service center. It is a freeway oriented service center. This area also has a more regional retail orientation than the rest of Woodburn." Consequently, the need for commercial land in this area is independent of other commercial sites in the City. There are no comparable sites in the area available for commercial use. The proposed (a factory outlet center) use can only be served at the proposed location. A factory outlet center is appropriately located at this location because of its location relative to transportation facilities P,.I,III2.OliC. Y_~. Lands for high traffic generating uses (shopping centers, malls, restaurants, etc) should be located on well improved arterials. Thc use should provide the necessary traffic control devices needed to ameliorate their impact on the arterial streets. The subject property is located on Arney Road, which is classified as a "Service Collector." Arney Road has been improved to essentially the same standards as a "Minor Arterial," except that the turn refuge lane is two (2) feet narrower. Arney Road has direct access to Highway 214, which is classified as a "Major Arterial." The appropriate traffic control requirements along Arney Road have been identified as part of the traffic impact analysis. (ii) Annexation Policies Plan Policy D-1. While it is important that enough land is available for the necessary development anticipated in the City of Wbodburn, it is also essential to prevent too much land from being included in the city limits as this leads to inefficient, sprawling development. The City should ensure that there is a five (5) year supply of vacant land within the City. Services should be provided to the land during the five (5) year period. Page 9 - Findings and Conclusions ATTACHMENT /~'~ Page As found in Commercial Development Policy (V.D. 1 .a. above), the I-5 Interchange location of the subject property has special, regional market characteristics and therefore is not directly competitive with other commercial sites within Woodburn. In addition there is virtually no other vacant commercial land available at the interchange at present. Therefore the subject property satisfies this policy. Plan Policy D-2. Prior to the approval of Site Plan, Subdivision or Planned Unit Developments for land annexed to the city west of Interstate 5, a detailed Transportation Impact Study with the Department of Transportation involvement will be required. This process allows the City to condition development with transportation improvement requirements that are "roughly proportional" to the traffic impacts that are generated by the development. A Traffic Impact (TIS) Study was completed by the applicant and is contained in the record. The City finds that this policy is satisfied for the purposes of this application and will not require the applicant to prepare an additional traffic impact study for Woodburn Company Stores, Phases II and III. However, the City reserves its right to address any future traffic mitigation issues when a Site Plan review application is submitted on the subject property. P10n Policy M-4. The County shall retain responsibility for regulating land use on lands within the urban growth area until such lands are annexed by the City. The urban growth area has been identified by the City as urbanizable and is considered to be available, over time, for urban development. 10A Based on the on-going needs of the community to accommodate growth and the specific commitment to construct Phase I of the factory outlet center, it is timely to allow urbanization of the subject property. Plan Policy M-6. Upon receipt of an annexation request or the initiation of annexation proceedings by the City, the City shall forward information regarding the request (including any proposed zone change) to the County for comments and recommendations. The County shall have twenty days to respond unless they request and the City allows additional time to submit comments before the City makes a decision on the annexation proposal. Page 10 - Findings and Conclusions ATTACHMENT, Page I/ _of,, The City notified Marion County of the proposed annexation by letter in November 1998. The County Public Works Department responded December 13, 1998 for the Land Use and Transportation Divisions. The comments indicated the need for a copy of the Transportation Impact Analysis for Woodbum Company Stores Phases II & III, dated December 1998 which was subsequently provided. In addition the County requested a site plan addressing access, including the abutting property to the west of the subject property. Plan Policy M-7. All land use actions within the urban growth boundary and outside the city limits shall be consistent with the City's Comprehensive Plan and County's land use regulations. The pwposed annexation is consistent with the Plan because it is a proposal to permit the urbanization of the subject property, subject to a concurrent Plan map amendment. There are no County regulations that preclude the proposed annexation. Plan Policy M-11. Conversion of land within the boundary to urban uses be based on consideration of [the following five (5) factors]: Orderly, economic provision of public facilities and services; All the public facilities necessary to develop the abutting property for the same use have been provided. Access to these public facilities therefore only requires minor extensions. Availability of sufficient land for the various uses to ensure choices in the marketplace; The proposed annexation is required to provide the opportunity for future expansion of a specific regional commercial use in the only site within the City that is appropriate. c. LCDC Goals; The LCDC Statewide Goals are addressed above. IOA Page 11 - Findings and Conclusions IOA ATTACHMENT, Page /,~ of Encouragement of in-filling development within developed areas before conversion of urbanizable areas; and As a site to expand a specific existing use there are no in-fill locations that are suitable for this purpose. Applicable provision of the Marion County and City comprehensive plans. The proposed annexation is found to be consistent with the applicable portions of the Woodburn Comprehensive Plan as indicated in section V.D. The proposal is consistent with the Marion County Comprehensive Plan in that the County Plan establishes the Urban Growth Boundary as the area specifically set aside for urbanization after annexation to the City. d. Titan _sportation System Plan · Functional Classification of Streets. The proposed Plan amendment does not warrant any change in the functional classification of streets as shown on TSP Figure 29. TSP Figure 29 indicates a potential street connection along the north boundary of the subject property. Marion County has also indicated this need (Attachment A). The appropriate facility to fulfill this need will be addressed at the time of site plan review for Phases H and IH. Improvement Projects. Development of a commercial use will cause the need for transportation facility improvements as described in the TIA. These improvements are consistent with those described in thc TSP. B. Comprehensive Plan Map Amendment Page 12 -Findings and Conclusions ATTACHMENT f~ Page /;:5 of ~ (1) Proposal. The proposal is to change the Plan map designation for this site from "High Density Residential" to "Commercial." (2) Relevant Approval Criteria. a. Plan Amendment Criteria, Woodburn Zoning Ordinance, Section 16.050: "a. Compliance with Statewide Goals. "b. Compliance with Woodburn Comprehensive Plan Goals and Policies"- "c. Demonstrated Public Need for the Plan Map Amendment. "d. Proposal Best Satisfies the Need. b. Burden of Proof, Woodbum Zoning Ordinance, Section 16.080Co) · Compliance with Statewide Planning Goals. The findings regarding compliance with applicable statewide planning goals are found above and are expressly incorporated herein by reference. · Compliance with Woodburn Comorehensive Plan Goals and Policies. The findings regarding compliance with applicable Woodburn Comprehensive Plan Goals and Policies are found above and are expressly incorporated herein by reference. · Dem0n~rated Public Need for the Plan Map Amendment. The proposed change in the Plan map from "High Density Residential" fulfills a demonstrated public need. It represents a change from the way the Plan was originally mapped but was accounted for in the goals and policies of Plan. Consistency with the intent of the Plan demonstrates that the public need is served by the change. As time passes, there is a public need to weigh issues and opportunities and recognize that incremental changes to the Plan map benefit the community. In this instance, there is demonstrated public need to accommodate an opportunity to Page 13 -Findings and Conclusions IOA ATTACHMENT Page i? of strengthen the economy, consistent with Goal 9. Goal 9 states that the Plan shall provide for at least an adequate supply of sites of suitable sizes, types, location and service levels for a variety of commercial uses consistent with plan policies. Currently the Plan is lacking a adequate supply of suitably located property that can be used to bolster the regional shopping function at the Woodburn Interchange. The subject change is needed to achieve the full potential of the interchange, particularly the existing factory outlet center. The public need is served by expanded employment opportunities and desirable mix of land uses for a freestanding community. The Statewide Guidelines for Economic Development address the public's need to accommodate expansion of commercial use. The Statewide Guidelines state that: "Plans should strongly emphasize the expansion of and increased productivity from existing firms as a means to strengthen local and regional economic development", The subject change in the Plan designation is needed to be consistent with this guideline. The Plan change augments the supply of suitable sites. The proposal is the only available site that not only accounts for market forces, market location, and key public facilities, but that is readily adaptable to expansion of the existing mall layout. The, proposal maximizes the use of the existing facilities and the location advantages provided by freeway visibility and acce. ss and complementary commercial uses. The proposal is consistent with the w°°dburn commercial land use policies. Part of the public need is to exercise the Plan in away that recognizes change and positive growth opportunities that build a strong, liveable community. The proposal is consistent with the Plan. This consistency is demonstrated in section V.D. above. Key considerations in reviewing the need for the change include the fact that it concentrates commercial activity in a priority commercial area. Concentrating commercial provides the benefit of cumulative attraction which in turn enhances market share and reduces overall shopping trips. And significantly, the map change takes advantage of existing public and private investment. · Proposal Best Satisfies the Need. The need for additional commercial land to support the expansion of the existing factory outlet center is best served by this property. This reinforces the policy of concentrating commercial development. It strengthens the shopping pattern for existing commercial uses and avoids the proliferation of commercial uses in a dispersed pattern that lacks the mutual support of like uses. In this specific instance a commitment has already been made in this location to 10A Page 14 - Findings and Conclusions ATTACI-JMENT ~ Page l~_ of '~?' establish a special shopping area that serves a regional market area. This is the only location in Woodburn that has the visibility, the access and an existing commercial use of this type. The subject property is the only site within the community that can accommodate the expansion of the existing factory outlet center. The previous actions by the City in 1992 and 1998 clearly have set the stage that there is a community need for this type of commercial use. Based on the public and private commitments and investments, the location characteristics and the conformance with commercial land use policy the subject property best satisfies the need for the expansion of the factory outlet center. · Burden of Proof. (I) tn'st criterion is to prove that the original Plan was in error. Conditions have changed since the Comprehensive Plan was originally drafted and first adopted in 1978. In that context there are errors in the forecasts as well as the assumptions about the composition of uses in land use categories. Such errors reflect changes in circumstance that warrant amending the Plan map. The second criterion requires showing how the community has changed since the original Plan was adopted The 1992 and 1998 decisions to approve the site for the retail center found that the actual population growth in Woodburn substantially exceeded the population forecast used to formulate the original Plan. This increased rate of population is found to demonstrate a change for the predicted patterns of growth since those apparent when the Plan was adopted. The findings of the previous decision also describe how multi-family land needs were over estimated in the original plan and that the interchange location is a less than optimum location for a large concentration of multi-family residential use. Present circumstances confirm that finding. In addition, the exposure and access provided by the interchange location has resulted in the development of the factory outlet retail center, a use which has a regional market. Commercial development with a regional market was not anticipated or accounted for in the original plan. The commercial activity with this broad market does not supplant local commercial uses but rather adds to the commercial land needs of the City. 10A Page 15 - Findings and Conclusions ATTACHMI~'I~ Page /U, of IOA (iii) The ordinance provides the alternative to address either the second or third criterion. Having addressed the second criterion, above there is no requirement.to address the third criterion. C. Zonin_~ Map Amendment. (1) Relevant Approval Criteria. Initiation of a Zone Change by Petition, Woodburn Zoning Ordinance, Section 15.030 · Burden of Proof, Woodburn Zoning Ordinance, Section 16.0800) · Woodburn Comprehensive Plan Goals and Policies (2) Woodburn Comprehensive Plan Goals and Policies. Findings on these criteria are addressed in above, and are incorporation herein by reference. The City Council finds that the Commercial Plan map designations implemented by the CR zoning district. D. llesuonse to I~ue~ ]~ni~d by the Oregon Deoartment of Transportation. The Oregon Department of Translxmation ("ODOT") submitted two lettem into the record dated February 4, 1999 and May 5, 1999. The May 5, 1999 letter states that it is intended to update comments contained in the February 4, 1999 letter. This portion of the decision responds to issues raised by ODOT. As noted with respect to Goal 2, the City is required to give notice of this application to ODOT, to allow ODOT an opportunity to comment on the application and to consider the comments as much as possible. The City is not required, however, to agree with all of ODOT's comments or to adopt them. (1) The City Council finds that the I-5/Highway 214/219 Interchange will be improved with sufficient capacity consistent with the adopted City-of Woodburn Transportation System Plan ("TSP"). ODOT argues that the applicant's transportation impact study ("TIS") is flawed because it is: "Based on the assumption that a major improvement to the I-5 Interchange will be completed. Such an improvement is not, however, included in the City's TSP or the Woodburn Comprehensive Plan. In fact, the TSP contains Goal 2, Policy 2, which states: "Develop a strategy for providing improved access to I-5 Page 16 - Findings and Conclusions ATTACHMENT r~ Page I-'7 ,, of ~,4 IOA from the Woodburn area, through either improvements of the existing Highway 214 Interchange and/or a new interchange in the Woodburn vicinity (with supporting local roadway improvements). This strategy will be developed following a refinement study as outlined in the Transportation Planning Rule." The City Council finds that the applicant has satisfied OAR 660-12-060(1) because the application has no present "significant affect" on a transportation facility. Further, the administrative rule provides that the City may approve the application subject to conditions of approval which mitigate a significant affect. The City Council finds that Condition 1V-6, requiring that the traffic mitigation issues by addressed by the City at the time of site plan review, serves to mitigate any potential significant affect. The City Council finds that the applicant's TIS demonstrates that the application will not have a significant affect on the transportation facility identified as the I- 5/Highway 214/219 Interchange. Table 4 of the TIS prepared by Kittelson & Associates, Inc. ("KAl") shows that in the year 2001, 1-5 will operate during a Friday p.m. peak hour at level of service ("LOS") "C" or better, with minor improvements. TIS at pages 24-25. TIS Table 5 shows that in the year 2003, the in~rchange will operate at LOS "D" or better. The City Council finds nothing in the TPR requires it to look at the year 2015. In order to determine whether the application has a present significant affect on the application, the City Council finds that Tables 4 and 5 demonstrate that the application will cause the interchange to operate at acceptable LOS through at least the next four (4) years. In the whereas clauses adopted by the City Council for the TSP, a number of findings demonstrate that the TSP, with its required refinement study, will satisfy the capacity requirements of the TPR at this interchange. The City Council notes that neither ODOT nor the Oregon Department of Land Conservation and Development ("DLCD") appealed the City Council's adoption of its TSP. One whereas clause adopted by the City Council for the TSP found: "The City Council finds that the transportation system plan adopted herein complies with OAR 660-12-060(1)(b) for the affected transportation facilities, including but not limited to the Highway 214/I-5 Interchange/Parr Road area." Further, incorporated in the staff report for the TSP were several findings relevant to the TPR. The City Council adopted findings regarding OAR 660-12-025(1). This section of the TPR provides "except as provided in Section (3) in this role, adoption of a TSP shall constitute the land use decision regarding the need for transportation facilities, services and Page 17 - Findings and Conclusions ATTACHMENT Page ~,, of major improvements in their function, mode and general location." Section (3) of the administrative rule provides that a local government may defer decisions regarding function, general location and mode of a refinement plan if the necessary findings are adopted. Pursuant to the administrative rule, the city did defer certain significant decisions. The City decided to defer the decision regarding the mode of improvements to the existing I-5 interchange and make this decision after completion of a refinement plan. Three options were evaluated in the TSP but there are other potential alternatives. The information as to mode of interchange improvement could not be arrived at because Marion County had not completed its plan and further evaluation of the area was needed. However, the city's deferral did not invalidate any of the TSP assumptions because the need for an interchange improvement will still be addressed and local improvements to aid traffic flow will still be addressed. Delay of this decision did not, and should not, preclude implementation of the remainder of the TSP and consideration of the present application. The result of the refinement study, which will include a detailed, technical evaluation of the three current alternatives, plus others, will be an interchange alternative which is precisely defined. Additionally, the City Council found that the TSP satisfied OAR 660-12-030. The City Council found: "The TSP identifies the City's transportation needs including those of the transportation disadvantaged, and support of industrial and commercial development. These needs were based on a 20-year forecast in population and employment within the acknowledged comprehensive plan." Further, the City Council adopted findings regarding OAR 660-12-060(1). The City Council found: "That the transportation system plan adopted here complies with OAR 660-12-060(1)(b) for the affected transportation facility, including but not limited to the Highway 214/I-5 Interchange/Parr Road area." The TSP adopted by the City Council adopted three (3) I-5 access alternatives (see TSP at page 1). The TSP states: "An element of the TSP is an improvement to existing I-5/214 Interchange" and "a reconfiguration of the interchanges proposed." (TSP at page 89.) The City Council also notes that Table 6 (TSP at page 41) shows that at least one of the options (the two interchange options) would result in LOS "D" or better in the year 2015. The TSP contains a section entitled "Required Street Upgrades." The portion of this section dealing with freeways states: "In the longer-term, reconfiguration of the interchange is proposed. A specific improvement (improve existing interchange, split diamond interchange or second interchange at Butteville Road) will be identified through a follow-up interchange Page 18 - Findings a, nd Conclusions 10A ATTAC, I..I~M ENT, Page refinement study of the TSP." (TSP at page 89.) The City Council finds that while it has not completed the refinement study, it is unnecessary to do so in order for it to determine that OAR 660-12-060(1)(b) is satisfied for the purposes of granting this application. With the TSP and required refinement study, a solution to the long-term capacity needs of the interchange will .be provided. In fact, the TSP transportation financing plan contains a proposed roadway system capacity improvement for the 1-5 interchange. (See TSP at page 115; Table 17.) Thus, not only has the City Council determined to improve the interchange, it has provided some estimated costs for the improvement in the TSP long-term financing plan. The City Council finds that it need not complete the refinement study prior to this application. Because the TSP is part of the City's acknowledged plan and because the TSP states that a solution will be identified, the TSP has determined that the interchange will be upgraded. The City Council finds that under Goal 2, Policy 2 of the TSP a strategy will be developed following a refinement study as outlined in the TPR. OAR 660-12-025(3)(c) says that deferral of a solution to a refinement plan is allowed if it does not invalidate the TSP. In this case, the refinement plan carries out the TSP's acknowledged strategies without invalidating them. For these reasons, the City Council finds that the lack of refinement study is not an impediment to a conclusion that the I-5 has sufficient capacity in the short term, as required by the TPR, and in the long term sufficient capacity will be provided through a solution identified in a refinement study. IOA The City Council declined to impose a condition, which was recommended by the Planning Commission, that traffic impact be determined based upon an additional Traffic Impact Study (TIS) to be paid for and obtained by the applicant. Instead, The City Council imposed a condition that the City address the issue of required traffic impact mitigation at the time of site plan review. (2) The City_ Council finds that KAI's TIS correctly analyzes the level of service at the time of this ap_olication. ODOT argued that the TIS does not adequately analyze the plan amendment impacts. ODOT requested that the TIS be revised to reflect a "worst case analysis," meaning an analysis of the highest traffic generating land use permitted in the commercial retail ("CR") zoning district. The City Council finds that this issue is not required to be reached because a condition Page 19 - Findings and Conclusions ATTACI;;IMENT ~ Page ~ of !OA of approval requires that the site be limited to a factory outlet center. This is consistent with the City Council's 1992 and 1998 decisions regarding Phase I of the Woodbum Company Stores. Thus, a worst case scenario for the highest traffic generator in the CR zoning district is unnecessary since, in the event the Woodbum Company Stores Phase II and III is not constructed, the property owner will be required to amend this condition of approval which will require an amendment to this decision. (3) OAR 660-12-045 is ~r can be satisfied. ODOT argues that because the City of Woodbum has not implemented the requirements of OAR 660-12-055(2), that it must address the applicable provisions of OAR 660-12-045(3),(4)(a)-(e) and (5)(d). The City Council agrees with ODOT. · OAR 660-12-045(3)(a). This section requires bicycle parking facilities as part of new retail developments. The City Council finds that it is feasible, at the site development review stage, for the application to provide bicycle parking given the size of the facility (8.0 acres). The finding of feasibility is based on the similar Phase I development. · OAR 660-12-045(3)(b). This criterion requires on-site facilities accommodating safe and convenient pedestrian and bicycle access within new shopping centers to adjacent residential areas and transit stops. It also requires that pedestrian circulation through parking lots generally be provided in the form of access ways. The City Council finds that it is feasible to satisfy this requirement. As with bicycle parking facilities, Phase I of the Woodbum Company Stores has demonstrated that it is feasible to meet both of these requirements. Therefore, the City Council finds that this criterion can be satisfied. · OAR 660-12-045(3)(c). The City Council finds that it is feasible to require off-site road improvements that would include facilities accommodating convenient pedestrian and bicycle travel. The City Council has required the applicant, in the approval of Phase I of Woodburn Company Stores, to provide a bicycle lane and sidewalks along Arney Road. · OAR 660-12-045(3)(e). This criterion requires that internal pedestrian circulation within commercial developments be provided through the location of buildings, construction of accessways, Page 20 - Findings and Conclusions ATTACHMENT Page ~l of IOA walkways and similar techniques. The City Council finds that because the applicant satisfied this requirement in Phase I, it is feasible to satisfy this requirement in Phases II and m. · OAR 660-12-045(4)(a). The City Council finds that it is feasible to require this applicant to provide transit facilities designed to support transit use through the provision of bus stops, pullouts and shelters, optimum road geometrics, on-road parking restrictions and similar facilities as appropriate. · OAR 660-12--045(4)C0). This criterion requires that retail development at or near major transit stops provide for convenient pedestrian access to the transit stop. The City Council finds that there is no major transit stop as that term is defined near this. site. · OAR 66o42-o45(4)(c). The City Council finds that this criterion is inapplicable since a pedestrian district has not been established in this area. · OAR 66042-045(4)(d). The City Council finds that it is feasible to require employee parking in Phases H and IH to provide for preferential car pool and van pool parking. The City Council makes this finding based on its approval of Phase I. · OAR 660-12-045(4)(e). This criterion is inapplicable since it applies to existing development. · OAR 660-12-045(5)(d). The City Council lrmds that it is feasible to satisfy this criterion by providing a transit stop along Amey Road or providing a connection to a transit stop if the transit operator requires such an improvement. The City Council makes this finding based on its approval of Phase I of Woodburn Company Stores. For these reasons, the City Council finds that the issues raised by ODOT have been satisfied and are not a basis for denial of this application. Response to issues m_i~d by Department of Land Conservation and Development in March 22, 1999 Letter. Page 21 - Findings and Conclusions ATTACHMENT, "~ Page ~0. of ~ IOA (1) Statewide pl.a. nnin_~ Goal 10. "Housine". Is Satisfied. DLCD argues that the City must adopt an updated buildable lands needs analysis to satisfy Goal 10. Only at that point, DLCD suggests, is it possible for the City to assess whether conversion of 8.0 acres from a multi-family designation to a commercial designation satisfies Goal 10. The City Council rejects this argument. This application is subject to compliance with the Goals and the acknowledged Plan. ORS 197.175(2). Goal l0 simply requires the City to provide for housing needs. The City has done this. The findings at the outset of this decision state the housing needs of the City of Woodbum have been satisfied through the year 2014. The acknowledged Plan states that there are 688 acres of high density residential designation. Of this, 57 acres are undeveloped and 188 acres are underdeveloped. (Plan at pages 15 and 16.) The Plan further notes that the City has 238 surplus acres designated for multi-family land uses. (Plan at page 38.) This allows, at 12 dwelling units per acre, an additional 2,353 dwelling units. (Id.) Table 9 of the Plan at page 39 shows that the City has a surplus of 1,305 multi-family dwelling units through the year 2014. The Council notes that the Plan has recently been amended in March 1996 and in August 1997. Moreover, assuming that this eight (8.0) acres can accommodate twice the 12 dwelling units per acre figure, this area would accommodate 192 dwelling units. Removal of this site from the High Density Residential designation would still leave 1,013 surplus multi-family dwelling units by the year 2014. The City Council finds that the acknowledged Plan's determination of a surplus of multi-family housing units is a sufficient basis for it to determine that this application will allow the City to continue to meet the housing needs of its citizens. There is no legal requirement that the City defer this determination until the periodic review is completed as suggested by DLCD. DLCD's assertion that the City's acknowledged Plan contains an "out- of-date buildable lands inventory" does not mean that the City cannot rely on its acknowledged Plan. (2) Statewide PLonnlng Goal 9 Is Satisfied. DLCD argues that the City must satisfy the administrative rule implementing Statewide Planning Goal 9; OAR Chapter 660, Division 9. The City Council finds that this administrative rule applies only at periodic review. OAR 660-09-10(2). However, assuming that the administrative rule applies to non-periodic review decisions, the City Council finds, as it did in 1992 and in 1998 that this application satisfies the administrative rule for the following reasons. Page 22 - Findings and Conclusions ATTACHMENT Page~ of ,~'-J IOA First, this application results in eight (8.0) acres of commercial development which will increase the amount of the City's property taxes. Increased property taxes provide additional revenue to the City. Secondly, an eight (8.0) acre commercial development provides additional jobs for city and area residents. Finally, consistent with the Plan, approval of this application further encourages the development of the 1-5 commercial area. The acknowledged plan has long. anticipated that this area will be developed for commercial uses. (3) The City Ho$ Coordlna.~ed with ODOT, DLCD and Marion County. DLCD argues that ORS 197.015 provides that a Plan is coordinated when the needs of all levels of government have been considered and accommodated as much as possible. DLCD argues that ODOT's needs have not been satisfied since that agency requested a refinement study. For the reasons described above, the City Couneii finds that a refinement study is not necessary now. Moreover, the City Council has considered ODOT's request that a refinement study be prepared before this application is approved but has rejected this request as explained above. Nothing requires the City Council to agree with ODOT in order to satisfy its coordination requirement under state law. Finally, DLCD suggests that the City ought to defer this decision until the City's periodic review has been completed. However, nothing in state law requires deferral of an annexation, plan map amendment or zoning map amendment for completion of a periodic review work task.t (4) The Apph'cation does not Conflict With Periodic Review. The City Council rejects DLCD's argument that the Plan amendment must be deferred until the City has completed its periodic review work tasks. DLCD cites no legal basis for requiring deferral until the periodic review work tasks are satisfied. (5) The City Has Satisfied the 45-Day Post Acknowledgment Amendments. The City caused notice of the February 22, 1999 Planning Commission hearing to be timely mailed prior to that hearing. However, the "final heating on adoption" of these amendments was the May 10, 1999 City Council hearing. Thus, both ODOT and DLCD had I ODOT and DLCD's comments are directed at the comprehensive plan map amendment and not at the annexation or zoning map amendment. Because ODOT and DLCD have not raised an issue with the respect to the annexation, there would be no basis for the Land Use Board of Appeals to remand or reverse the annexation decision. The City Council finds that ODOT and DLCD raised issues related only to the Plan map amendment and not to the annexation amendment. Consistent with ORS 197.763(1), these agencies did not raise issues with sufficient specificity as to the annexation and the zoning map amendment. Page 23 - Findings and Conclusions ATTACHMENT Page ~_~/ of more than 45 days notice of the City's final hearing on adoption which is required by OAR Chapter 660, Division 18. Moreover, to the extent DLCD's comment raises a procedural error, the City Council finds that the agency's substantial right to a full and fair hearing and an opportunity to make its case have not been prejudiced. ODOT and DLCD placed letters into the record and ODOT's representative appeared at the May 10, 1999 City Council hearing. Thus, both agencies had a full and fair opportunity to make their case) IV. CONCLUSIONS AND CONDITIONS. The City Council finds for the reasons contained herein to approve this application subject to the following conditions of approval. (l) The access improvements required along the north line of the property shall be determined at the time of Site Plan Review. (2) The delineation of the wetlands and the required mitigation measures approved by the Division of State Lands shall be required at the time of Site Plan Review. (3) This approval is limited to a factory outlet center. 10A (4) That there be no development of Phase II until construction of improvements which were required for Phase I as conditions of approval for Phase I are completed satisfactorily. (5) That the site plan review application shall satisfy OAR 660-12-045. (6) That the applicant shall not be required to submit an additional traffic impact study but that traffic mitigation shall be addressed at the time of site plan review. 20DOT requested that the City Council record remain open at the May 10, 1999 heating. ORS 197.763(4)(b) provides that a City Council may continue a hearing when it is not the initial evidentiary hearing. The initial evidentiary heating in these applications was the February 22, 1999 Planning Commission hearing. The City Council notes that ODOT's representative did not object to the City Council's denial of his request that the record remain open. Page 24 - Findings and Conclusions C][TY OF WOODBURN 270 Montgomery Street · Wooctburn, Oregon 97071 · (503) 982-5222 TDD (503) 982-7433 · FAX (503) 982-5244 IOA July 20, 1999 Michael C. Robinson Attorney at Law Stoel Rives, LLC Suite 2300 900 S.W. Fifth Avenue Portland, Oregon 97204 Via Facsimile Transmission (220-2480) And Regular Mail Re: Woodburn Company Stores, Phases H and IH Dear Mike: As you are aware, the City Council directed city staffto revise the findings in this matter to be consistent with Condition IV - 6. Enclosed please find the revised findings which will be submitted to the City Council for their consideration. Please provide any of your comments to me so that I can disCuss them with city staff. Even though the document is rather lengthy, I have faxed it to you in its entirety to expedite your review. Thank you for your professional courtesy. Sincerely, -'~.. RolSert Shields City Attorney Enc. CCi John Brown, City Administrator Steve Goeckritz, Community Development Director Frank Tiwari, Public Works Director Dictated but not read by author W avoid delay CITY OF WOOl)BURN 270 Montgomery Street · Woodburn, Oregon 9707'1 ° (503) 982-5222 TDD (503) 982-7433 · FAX (503) 982-5244 IOA Via Facsimile Transmission (503-220-2480) July 21, 1999 Michael C. Robinson Attorney at Law Stoel Rives, LLC 900 SW Fifth Ave., Suite 2300 Portland, Oregon 97204 Re: Woodburn Company Stores, Phases II and III Dear Mike: Enclosed please find a second copy of the findings prepared by city staff.. I also enclose a copy of my prior cover letter dated July 20, 1999. We double-checked the telephone number used for the first facsimile transmission yesterday and it was correct. Also, our fax issued a confirmation receipt. Perhaps the document was misrouted in your office. In our telephone conversation, you seem surprised that I had sent to you a redline/strikeout version of the changes. I did this as a matter of professional courtesy. There is no need to create extra work for you. From my perspective, what is imperative is that the City Council be comfortable that the findings accurately reflect their intent. Please provide your response to me in a timely manner so I can discuss it with city stalE. Thank you for your professional courtesy. N. Robert Shields City Attorney Enclosure cc: John Brown, City Administrator Steve Goeckritz, Community Development Director Frank Tiwari, Public Works Director IOA BEFORE THE CITY COUNCIL FOR THE CITY OF WOODBURN, OREGON In the Matter of a Request to approve an ) Annexation of approximately 8.0 acres within ) the Woodburn Urban Growth Boundary, to ) Approve a Comprehensive Plan Map ) Amendment from 'High Density Residential" ) to 'Commercial" on 8.0 acres and to Approve ) a Zoning Map Amendment in Conformance ) with the Woodburn Comprehensive Plan Map ) Designation of 'Commercial" on 8.0 acres ) from 'Urban Transition Farm' to 'Commercial Retail' FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY OF WOODBURN FILE NOS. ANNEXATION 98-03, COMPREHENSIVE PLAN MAP AMENDMENT 98-02 AND ZONING MAP AMENDMENT 98-O4 I. APPLICATION INFORMATION. A. Application Description. This application includes three (3) requests: (1) An annexation of Tax Lot 101 consisting of 8.0 acres that is within the Woodburn Urban Growth Boundary ('UGB'). (2) A request for an amendment to the Woodbum Comprehensive Plan map from "High Density Residential" to "Commercial' on Tax Lot 101 (3) A zoning map amendment in conformance with the requested Woodburn Comprehensive Plan map designation from "Urban Transition Farm' to 'Commercial Retail' B. Site Descri0tion. This site is located northwest of the intersection of State Highway 2141219 and Interstate Highway 5. The application affects one lot of record, Tax Lot 101. This site is fiat with relatively little elevation change. Vegetation on the site consists of native grass. Two drainage swales exist on the property. Adjacent to the site on the south and east is the area of Woodbum Company Stores Phase I approved in 1998. Tax Lot 101 will accommodate Woodburn Company Stores, Phases H and HI. Page 1 - Findings and Conclusions IOA Adjacent and On-Site Land Use, Comprehensive Plan Map and Zoning Map De$i~,nations and Utilities. (1) Adjacent Comprehensive Plan Map Designations. Woodburn Company Stores Phase I to the south and east is designated "Commercial" on the Woodburn Comprehensive Plan ("Plan") map. To the north of this site is the Urban Growth Boundary which is designated Exclusive Farm Use ("EFU") on the Marion County Comprehensive Plan map. Land directly to the west of Tax Lot 101 is within the City's Urban Growth Boundary and is designated "High Density Residential" on the City's Plan map. (2) Adjacent Zoning Map Designations. Adjacent property inside the City is zoned CR. Adjacent property outside of the City but within the UGB is zoned UTF. Adjacent property outside of the UGB is zoned EFU. (3) Land Use on Adjacent Properties. The property to the north in Marion County is in farm use. The property to the east within the Urban Growth Boundary contains a single-family residence. The property to the south and east within the City limits is under development as Phase I of Woodburn Company Stores. (4) On-Site Land Use. Tax Lot 101 is vacant. (5) Utilities. Public utilities (water, sanitary sewer and storm drainage) are available to the site's boundaries. There will be no difficulty in connecting these existing public utilities and providing public utilities to the site. The applicant is responsible for all on-site public facility improvements. The City of Woodburn ("City") found in 1992 and 1998 that it had sufficient water, sanitary sewer and storm drainage capacity to serve the Phase I retail development. H. PROCEDURAL HISTORY. The Applicant submitted this application on September 18, 1998. After timely notice of a public hearing as required by the Woodburn Zoning Ordinance, the Woodburn Planning Commission heard the application at a public hearing on February 11, 1999. No party requested that the hearing be continued or that the record remain open. The Planning Page 2 - Findings and Conclusions IOA Commission tentatively approved the application at the conclusion of the public hearing. The Planning Commission adopted a final order recommending that the Woodburn City Council approve the application on February 25, 1999. The City of Woodburn provided timely notice of the City Council's hearing on May 10, 1999. The City had previously provided the required 45-day written notice to the Oregon Department of Land Conservation and Development for this post-acknowledgment amendment. The Mayor opened the public hearing and read the announcements required by ORS 197.763(5). No party objected to the City Council's jurisdiction. The City Council heard testimony from the applicant and the Oregon Department of Transportation. ODOT requested that the record remain open. However, the City Council chose not to keep the record open pursuant to ORS 197.763(4)(b). This section provides "if additional documents or evidence are provided by any party, the local government may allow a continuance or leave the record open to allow the parties a reasonable opportunity to respond." The City Council finds that this statute provides it with the discretion as to whether to keep the record open. In this ease, the application has not changed since the February 11, 1999 Planning Commission hearing and ODOT had the opportunity to place a letter into the record concerning the application. Moreover, ODOT did not object to the City Council's denial of its request that the record remain open. The City Council also notes that ODOT did not request an opportunity to rebut any additional evidence presented at the hearing but had a full and fair opportunity to make its ease during its testimony. The City Council placed no time limits on ODOT's testimony. The Mayor dosed the public hearing. The City Council tentatively approved the application with a motion by Councilor Figley seconded by Councilor Pugh on a vote of 5- (Councilor Bjelland opposed). The City Council directed the applicant's attorney to prepare findings for review by~i~!~-,~~'g'~"- Ci~-y A~i-acy and adoption by the City Council at its meeting on June 14, 1999. 'l'h~ Page 3 - Findings and Conclusions IOA "To protect life and property from natural disasters." There are no hazards associated with the subject property. (vi) G0al 8. "Recreational Needs." "To satisfy the recreational needs of the citizens of the state and visitors, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts." The Subject property has not been identified by the City as a potential park site for any type of recreational facility. (vii) Goal 9. ~Economic Development. "To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. ~ The subject property provides the opportunity to reinforce the activity of the existing factory outlet center. There is no other site in the Urban Growth Area with the same locational characteristics. The opportunity for expansion of the factory outlet center to an abutting parcel will better serve the existing market area and expand the market area, thereby creating more jobs and local payrolls. (viii) Goal 10. "Housing." 'To provide for the housing needs of citizens of the state." The City of Woodbum has provided for a variety of housing types and densities in its Plan and implementing ordinances, consistent with the Guidelines for implementing Goal 9. Page 6 - Findings and Conclusions IOA APPLICABLE APPROVAL CRITERIA. The City Council herein adopts these findings approving this application. The City Council expressly incorporates by reference the findings as to the applicable approval criteria contained in the applicant's submittal dated September 18, 1998. Where there is a conflict between these findings and that submittal, these findings shall control. A. Annexation. (1) Relevant A0nroval Criteria. a. Statewide Plannln_e Goals ("Goals"). (i) Goal 1. "Citizen Involvement. "To develop a ciffzen involvement program and insures the opportunity for citizens to be involved in all phases of the planning process." Page 4 - Findings and Conclusions 10A The City of Woodburn has established a land use notification and hearings procedures to assure citizen involvement. (ii) Goal 2. "Land Use Planning." "To establish a land use planning process and policy framework as a basis for all decisions and actions related to the use of land and to assure an adequate factual base for such decisions and actions. ' This Goal requires that the City coordinate Plan amendments, including annexations, with affected governmental units. The City has coordinated this application with Marion County, the Oregon Department of Transportation ('ODOT'), and the Department Land Conservation and Development ("DLCD'). Cai) GOal 5. "Natural Resources. Scenic and Historic Areas. lind _Open Spaces." "To protect natural resources and conserve scenic and historic areas and open spaces." FINDING: No Goal 5 resource exists on Tax Lot 101. (iv) t3oal 6. 'Air. Water and Land Resources Ouality." 'To maintain and improve the quality of the air, water and land resources of the state.' State agencies play a key role in achieving this goal. At the time of development, the Department of Environmental Quality ("DEQ") is responsible for administering permits for drainage and for air Quality ("DEQ") with respect to large parking facilities. The Division of State Lands ("DSL") is responsible for administering wetlands. (v) Goal 7. 'Areas Sub_iect to Natural Disasters and H~_ard s." Page 5 - Findings and Conclusions IOA The available inventory of residential land within the UOB exceeds the amount needed to serve future pOpulation needs. As documented on page 39 of the Plan, there is sufficient land designated for residential use in the Plan to accommodate a pOpulation of 28,000, plus a surplus that includes approximately 100 acres of both the Low Density and High Density Plan designations. This analysis is based on the carrying capacity of the two (2) residential categories in the plan in relation to the densities permitted in the underlying zoning. The capacity of the Low Density Residential designation is six (6) dwelling units per gross acre. The capacity of the High Density designation is conservatively indexed at a density of twelve (12) dwelling units per gross acre, where the corresponding zoning allows densities ranging up to twenty-five (25) dwelling units per gross acre. (ix) Goal 11, "Public Facilities and Services." "To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development." The subject property is well positioned for the further extension of public facilities constructed to serve Phase I development of the factory outlet center. (x) Goal 12. "Tran _sportation." "To provide and encourage a safe, convenient and economic transportation system." This Goal is implemented by the Transportation Planning Rule CTPR"). The City of Woodburn has implemented the Goal 12 and the TPR through the adoption of an acknowledged Transportation System Plan ("TSP") in 1996, Ordinance 2170. The TSP accounts for the development of all the land within the Urban Growth Boundary as provided for the Woodburn Comprehensive Plan. The TSP fulfills the Goal 12 through facility plans for streets, bicycles, pedestrians, and transit; implementation priorities and a financing program. The City has established a TSP that reflects the annexation and urbanization of the subject property. Additional findings demonstrating compliance with the TPR are found below. Page 7 - Findings and Conclusions IOA (xi) Goal 13. "Energy Conservation." "To conserve energy." FINDING: The development of the subject property will assist in conserving the energy used for shopping by encouraging one stop shopping due to the aggregation of a wide range of goods at a single location. The buildings in the center will all conform with required energy conservation codes. (xii) Goal 14. "Urbanization." "To provide for an orderly and efficient transition from rural to urban land use." Goal 14 provides for an orderly and efficient transition from rural to urban land use. Tax Lot 101 is 'urbanizable* and not *rural' since it is within the Urban Growth Boundary. Urbanizable lands are defined as lands with the UGB which are determined to be necessary and suitable for future urban uses, can be served by urban services and facilities and are needed for the expansion of an urban area. The 8.0 acre annexation is an appropriate parcel to be included within the City. Since the property abuts the existing factory outlet center, it is a logical location for expansion of the center. The public need for this particular land use at this pazticular location was documented in the City's 1992 and 1998 annexation land use approvals of the factory outlet center. As a facility with a regional market area, the annexation provides the opportunity for the factory outlet center to increase its market penetration by expanding in a location that has previously been selected and improved for the purpose. The annexation fulfills the City's need to grow incrementally and to provide for mutually supporting uses. (xiii) Goals 3.4.15 and 16 through 19. The following goals are inapplicable to this proposal: Goal 3, Agricultural Lands; Goal 4, Forest Lands; Goal 15, Willamette River Greenway; and Goals 16 through 19, the Coastal Goals. b. Woodburn Comprehensive Plan. Page 8 - Findings and Conclusions (i) Commercial Development Policies ~ B-1. The City should at all times have sufficient land to accommodate the retail needs of the City and the surrounding market area. The City presently has four major commercial areas: 99E, I-5 Interchange, the downtown area and the 214/219/99E four corners intersection area. No new areas should be established. 10A Plan page 14 identifies the special market area considerations for commercial uses at this location: "This area serves as an interstate service center. It is a freeway oriented service center. This area also has a more regional retail orientation than the rest of Woodbum." Consequently, the need for commercial land in this area is independent of other commercial sites in the City. There are no comparable sites in the area available for commercial use. The proposed (a factory outlet center) use can only be served at the proposed location. A factory outlet center is appropriately located at this location because of its location relative to transportation facilities P_I~. I. ands for high traffic generating uses (shopping centers, malls, restaurants, etc) should be located on well improved arterials. The use should provide the necessary traffic control devices needed to ameliorate their impact on the arterial streets. The subject property is located on Arney Road, which is classified as a "Service Collector." Arney Road has been improved to essentially the same standards as a "Minor Arterial," except that the mrn refuge lane is two (2) feet narrower. Arney Road has direct access to Highway 214, which is classified as a "Major Arterial." The appropriate traffic control requirements along Arney Road have been identified as part of the traffic impact analysis. (ii) Ann~xa~Qn Policies Pllm Policy D-1. While it is important that enough land is available for the necessary development anticipated in the City of Woodburn, it is also essential Page 9 - Findings and Conclusions IOA to prevent too much land from being included in the city limits as this leads to inefficient, sprawling development. The City should ensure that there is a five (5) year supply of vacant land within the City. Services should be provided to the land during the five (5) year period. As found in Commercial Development Policy (V.D. 1.a. above), the 1-5 Interchange location of the subject property has special, regional market characteristics and therefore is not directly competitive with other commercial sites within Woodburn. In addition there is virtually no other vacant commercial land available at the interchange at present. Therefore the subject property satisfies this policy. plan Policy D-2. Prior to the approval of Site Plan, Subdivision or Planned Unit Developments for land annexed to the city west of Interstate 5, a detailed Transportation Impact Study with the Department of Transportation involvement will be required. This process allows the City to condition development with transportation improvement requirements that are "roughly proportional' to the traffic impacts that are generated by the development '- "- ' ......... -- iai~a,c~.-~ ............... ........ ' ""-' - - -" --- ' .... -' - ~-- ~ Plan Policy M-4. The County shall retain responsibility for regulating land use on lands within the urban growth area until such lands are annexed by the City. The urban growth area has been identified by the City as urbanizable and is considered to be available, over time, for urban development. Based on the on-going needs of the community to accommodate growth and the specific commitment to construct Phase I of the factory outlet center, it is timely to allow urbanization of the subject property. Page 10 - Findings and Conclusions IOA Plan Policy M-6. Upon receipt of an annexation request or the initiation of annexation proceedings by the City, the City shall forward information regarding the request (including any proposed zone change) to the County for comments and recommendations. The County shall have twenty days to respond unless they request and the City allows additional time to submit comments before the City makes a decision on the annexation proposal. The City notified Marion County of the proposed annexation by letter in November 1998. The County Public Works Department responded December 13, 1998 for the Land Use and Transportation Divisions. The comments indicated the need for a copy of the Transportation Impact Analysis for Woodburn Company Stores Phases II & III, dated December 1998 which was subsequently provided. In addition the County requested a site plan addressing access, including the abutting property to the west of the subject property. Plan Policy M-7. All land use actions within the urban growth boundary and outside the city limits shall be consistent with the City's Comprehensive Plan and County's land use regulations. The proposed annexation is consistent with the Plan because it is a proposal to permit the urbanization of the subject property, subject to a concurrent Plan map amendment. There are no County regulations that preclude the proposed annexation. PI~ Policy M-11. Conversion of land within the boundary to urban uses be based on consideration of [the following five (5) factors]: aw Orderly, economic provision of public facilities and services; All the public facilities necessary to develop the abutting property for the same use have been provided. Access to these public facilities therefore only requires minor extensions. bo Availability of sufficient land for the various uses to ensure choices in the marketplace; Page 11 - Findings and Conclusions IOA The proposed annexation is required to provide the opportunity for future expansion of a specific regional commercial use in the only site within the City that is appropriate. c. LCDC Goals; The LCDC Statewide Goals are addressed above. Encouragement of in-filling development within developed areas before conversion of urbanizable areas; and As a site to expand a specific existing use there are no in-fill locations that are suitable for this purpose. ee Applicable provision of the Marion County and City comprehensive plans. The proposed annexation is found to be consistent with the applicable portions of the Woodbum Comprehensive Plan as indicated in section V.D. The proposal is consistent with the Marion County Comprehensive Plan in that the County Plan establishes the Urban Growth Boundary as the area specifically set aside for urbanization after annexation to the City. d. Transportation System Plan · Functional Classification of Streets. The proposed Plan amendment does not warrant any change in the functional classification of streets as shown on TSP Figure 29. TSP Figure 29 indicates a potential street connection along the north boundary of the subject property. Marion County has also indicated this need (Attachment A). The appropriate facility to fulfill this need will be addressed at the time of site plan review for Phases II and III. Page 12 - Findings and Conclusions IOA · Improvement Projects. FINDING: Development of a commercial use will cause the need for transportation facility improvements as described in the TIA. These improvements are consistent with those described in the TSP. B. Comprehensive Plan Map Amendment (1) Proposal. The proposal is to change the Plan map designation for this site from "High Density Residential" to "Commercial." (2) Relevant Approval Criteria. a. Plan Amendment Criteria, Woodbum Zoning Ordinance, Section 16.050: "a. Compliance with Statewide Goals. 'b. Compliance with Woodburn Comprehensive Plan Goals and Policies' 'c. Demonstrated Public Need for the Plan Map Amendment. "d. Proposal Best Satisfies the Need. b. Burden of Proof, Woodburn Zoning Ordinance, Section 16.080(1>) · Compliance with Statewide Planning Goals. The findings regarding compliance with applicable statewide planning goals are found above and are expressly incorporated herein by reference. · (~omoliance with Woodburn Comprehensive Plan Goals and Policies. The findings regarding compliance with applicable Woodburn Comprehensive Plan Goals and Policies are found above and are expressly incorporated herein by reference. · Demonstrated Public Need for the Plan Map Amendment. Page 13 - Findings and Conclusions IOA The proposed change in the Plan map from "High Density Residential' fulfills a demonstrated public need. It represents a change from the way the Plan was originally mapped but was accounted for in the goals and policies of Plan. Consistency with the intent of the Plan demonstrates that the public need is served by the change. As time passes, there is a public need to weigh issues and opportunities and recognize that incremental changes to the Plan map benefit the community. In this instance, there is demonstrated public need to accommodate an opportunity to strengthen the economy, consistent with Goal 9. Goal 9 states that the Plan shall provide for at least an adequate supply of sites of suitable sizes, types, location and service levels for a variety of commercial uses consistent with plan policies. Currently the Plan is lacking a adequate supply of suitably located property that can be used to bolster the regional shopping function at the Woodburn Interchange. The subject change is needed to achieve the full potential of the interchange, particularly the existing factory outlet center. The public need is served by expanded employment opportunities and desirable mix of land uses for a freestanding community. The Statewide Guidelines for Economic Development address the public's need to accommodate expansion of commercial use. The Statewide Guidelines state that: 'Plans should strongly emphasize the expansion of and increased productivity from existing firms as a means to strengthen local and regional economic developmenff. The subject change in the Plan designation is needed to be consistent with this guideline. The Plan change augments the supply of suitable sites. The proposal is the only available site that not only accounts for market forces, market location, and key public facilities, but that is readily adaptable to expansion of the existing mall layout. The, proposal maximizes the use of the existing facilities and the location advantages provided by freeway visibility and access and complementary commercial uses. The proposal is consistent with the Woodburn commercial land use policies. Part of the public need is to exercise the Plan in away that recognizes change and positive growth opportunities that build a strong, liveable community. The proposal is consistent with the Plan. This consistency is demonstrated in section V.D. above. Key considerations in reviewing the need for the change include the fact that it concentrates commercial activity in a priority commercial area. Concentrating commercial provides the benefit of cumulative attraction which in turn enhances market share and reduces overall shopping trips. And significantly, the map change takes advantage of existing public and private investment. · Proposal Best Satisfies the Need. Page 14 - Findings and Conclusions IOA The need for additional commercial land to support the expansion of the existing factory outlet center is best served by this property. This reinforces the policy of concentrating commercial development. It strengthens the shopping pattern for existing commercial uses and avoids the proliferation of commercial uses in a dispersed pattern that lacks the mutual support of like uses. In this specific instance a commitment has already been made in this location to establish a special shopping area that serves a regional market area. This is the only location in Woodburn that has the visibility, the access and an existing commercial use of this type. The subject property is the only site within the community that can accommodate the expansion of the existing factory outlet center. The previous actions by the City in 1992 and 1998 clearly have set the stage that there is a community need for this type of commercial use. Based on the public and private commitments and investments, the location characteristics and the conformance with commercial land use policy the subject property best satisfies the need for the expansion of the factory outlet center. · Burden of Proof. (1) first criterion is to prove that the original Plan was in error. Conditions have changed since the Comprehensive Plan was originally drafted and first adopted in 1978. In that context there are errors in the forecasts as well as the assumptions about the composition of uses in land use categories. Such errors reflect changes in circumstance that warrant amending the Plan map. (~) The second criterion requires showing how the community has changed since the original Plan was adopted The 1992 and 1998 decisions to approve the site for the retail center found that the actual population growth in Woodburn substantially exceeded the population forecast used to formulate the original Plan. This increased rate of population is found to demonstrate a change for the predicted patterns of growth since those apparent when the Plan was adopted. The findings of the previous decision also describe how multi-family land needs were over estimated in the original plan and that the interchange location is a less than optimum location for a large concentration of multi-family residential use. Present circumstances confirm that finding. Page 15 - Findings and Conclusions IOA In addition, the exposure and access provided by the interchange location has resulted in the development of the factory outlet retail center, a use which has a regional market. Commercial development with a regional market was not anticipated or accounted for in the original plan. The commercial activity with this broad market does not supplant local commercial uses but rather adds to the commercial land needs of the City. (iii) The ordinance provides the alternative to address either the second or third criterion. Having addressed the second criterion, above there is no requirement to address the third criterion. C. Z0nln~ Ma0 Amendment. (1) Relevant A~o~oroval Criteria. Initiation of a Zone Change by Petition, Woodbum Zoning Ordinance, Section 15.030 · Burden of Proof, Woodbum Zoning Ordinance, Section 16.080(b) · Woodburn Comprehensive Plan Goals and Policies (2) Woodburn Com_oreherr~ive Plan Goals and Policies. Findings on these criteria are addressed in above, and are incorporation herein by reference. The City Council finds that the Commercial Plan map designations implemented by the CR zoning district. D. R~_oonse to Issues Raised by the Oregon Department of Transportation. The Oregon Department of Transportation CODOT") submitted two letters into the record dated February 4, 1999 and May 5, 1999. The May 5, 1999 letter states that it is intended to update comments contained in the February 4, 1999 letter. This portion of the decision responds to issues raised by ODOT. As noted with respect to Goal 2, the City is required to give notice of this application tO ODOT, to allow ODOT an opportunity to comment on the application and to consider the comments as much as possible. The City is not required, however, to agree with ODOT's comments or to adopt them. (1) The City Council finds that the I-5/Highway 214/219 Interchange will be improved with sufficient capacity consistent with the adopted City of Woodbum Transportation System Plan ("TSP"). Page 16 - Findings and Conclusions IOA ODOT argues that the applicant's transportation impact study ("TIS") is flawed because it is: "Based on the assumption that a major improvement to the I-5 Interchange will be completed. Such an improvement is not, however, included in the City's TSP or the Woodburn Comprehensive Plan. In fact, the TSP contains Goal 2, Policy 2, which states: "Develop a strategy for providing improved access to 1-5 from the Woodburn area, through either improvements of the existing Highway 214 Interchange and/or a new interchange in the Woodburn vicinity (with supporting local roadway improvements). This strategy will be developed following a refinement study as outlined in the Transportation Planning Rule. ' The City Council finds that the applicant has satisfied OAR 660-12-060(1) requiting ~ [ha~. it denionsh-at~ the application ~?~!!~ wiitmot "significantly affect" transportation facility. Further, the administrative ...... :'-- "--' ' '"-' The City Council finds that the applicant's TIS demonstrates that the application will not have a significant affect on the transportation facility identified as the I- 5/Highway 214/219 Interchange. Table 4 of the TIS prepared by Kittelson & Associates, Inc. CKAI") shows that in the year 2001, 1-5 will operate during a Friday p.m. peak hour at level of service ("LOS") "C" or better, with minor improvements. TIS at pages 24-25. TIS Table 5 shows that in the year 2003, the interchange will operate at LOS "D" or better. The City Council finds nothing in the TPR requires it to look at the year 2015. In order to determine whether the application has a present significant affect on the application, the City Council finds that Tables 4 and 5 demonstrate that the application will cause the interchange to operate at acceptable LOS through at least the next four (4) years. In the whereas clauses adopted by the City Council for the TSP, a number of findings demonstrate that the TSP, ~i~}i~:~i~::::7~f~F~:ii~ -,~-as in~eiided to satisfy the capacity requirements of the TPR at this interchange. The City Council notes that neither ODOT nor the Oregon Department of Land Conservation and Development CDLCD") appealed the City Council's adoption of its TSP. Page 17 - Findings and Conclusions IOA One whereas clause adopted by the City Council for the TSP found: "The City Council finds that the transportation system plan adopted herein complies with OAR 660-12-060(1)(b) for the affected transportation facilities, including but not limited to the Highway 214/1-5 Interchange/Parr Road area." Further, incorporated in the staff report for the TSP were several findings relevant to the TPR. The City Council adopted findings regarding OAR 660-12-025(1). This section of the TPR provides "except as provided in Section (3) in this rule, adoption of a TSP shall constitute the land use decision regarding the need for transportation facilities, services and major improvements in their function, mode and general location." .......... , .................... g~ --- Additionally, the City Council found that the TSP satisfied OAR 660-12-030. The City Council found: "The TSP identifies the City's transportation needs including those of the transportation disadvantaged, and support of industrial and commercial development. These needs were based on a 20-year forecast in population and employment within the acknowledged comprehensive plan." Further, the City Council adopted findings regarding OAR 660-12-060(1). The City Council found: Page 18 - Findings and Conclusions IOA "That the transportation system plan adopted here complies with OAR 660-12-060(1)(b) for the affected transportation facility, including but not limited to the Highway 214/I-5 Interchange/Parr Road area.' The TSP adopted by the City Council adopted three (3) I-5 access alternatives (see TSP at page 1). The TSP states: 'An element of the TSP is an improvement to existing I-5/214 Interchange" and "a reconfiguration of the interchanges proposed." (TSP at page 89.) The City Council also notes that Table 6 (TSP at page 41) shows that at least one of the options (the two interchange options) would result in LOS "D" or better in the year 2015. The TSP contains a section entitled "Required Street Upgrades." The portion of this section dealing with freeways states: "In the longer-term, reconfigurafion of the interchange is proposed. A specific improvement (improve existing interchange, split diamond interchange or second interchange at Butteville Road) will be identified through a follow-up interchange refinement study of the TSP." (TSP at page 89.) The City Council finds that while it has not completed the refinement study, it is unnecessary to ~ so in order for it to determine that OAR 660-12~(1)~) is satisfied ~ ~ a solution to the long-term capacity needs of the interchange will be provided. In fact, the TSP transportation financing plan contains a ~~ roadway system capacity improvement for the I-5 interchange. (See TSP at page 115; Table 17.) Thus, not only has the City Council determined to improve the interchange, it has provided ~~ for the improvement in its ~.long-term financing plan. The City Council finds that it need not complete the refinement study prior to this application. Because the TSP is part of the City's acknowledged plan and because the TSP identifies ~i'...'lhat a solution will be identified, the TSP has determined that the interchange will be upgraded L. .......... 1-J .1- .... al__.'_!__ 1-__. !. J!J ......... ~_ t"n! ......... .'1 ~'~---J- .I .... 1-_ TSP strategy will be developed following a refinement study as outlined in the TPR. OAR 660-12- 025(3)(e) says that deferral of a solution to a refinement plan is allowed if it does not invalidate the TSP. In this ease, the refinement plan carries out the TSP's acknowledged strategies without invalidating them. For these reasons, the City Council finds that the lack of Page 19 - Findings and Conclusions IOA refinement study is not an impediment to a conclusion that the 1-5 has sufficient capacity in the short term, as required by the TPR, and in the long term sufficient capacity will be provided through a solution identified in a refinement study. (2) The City Council finds that KAI's TIS correctly analyzes the level of servi¢e ~ ODOT argued that the TIS does not adequately analyze the plan amendment impacts. ODOT requested that the TIS be revised to reflect a "worst case analysis," meaning an analysis of the highest traffic generating land use permitted in the commercial retail CCR") zoning district. The City Council finds that this issue is not required to be reached because a condition of approval requires that the site be limited to a factory outlet center. This is consistent with the City Council's 1992 and 1998 decisions regarding Phase I of the Woodburn Company Stores. Thus, a worst case scenario for the highest traffic generator in the CR zoning district is unnecessary since, in the event the Woodburn Company Stores Phase II and III is not constructed, the property owner will be required to amend this condition of approval which will require an amendment to this decision. (3) OAR 660-12-045 is or Can be satisfied. Page 20 - Findings and Conclusions IOA ODOT argues that because the City of Woodburn has not implemented the requirements of OAR 660-12-055(2), that it must address the applicable provisions of OAR 660-12-045(3),(4)(a)-(e) and (5)(d). The City Council agrees with ODOT. · OAR 660-12-045(3)(a). This section requires bicycle parking facilities as part of new retail developments. The City Council finds that it is feasible, at the site development review stage, for the application to provide bicycle parking given the size of the facility (8.0 acres). The finding of feasibility is based on the similar Phase I development. · OAR 660-12~5(3)~). This criterion requires on-site facilities accomm~g safe and convenient pedestrian and bicycle access within new shopping centers to adjacent residential areas and transit stops. It also requires that pedestrian circulation through parking lots generally be provided in the form of access ways. The City Council finds that it is feasible to satisfy this requirement. As with bicycle parking facilities, Phase I of the Woodburn Company Stores has demonstrated that it is feasible to meet both of these requirements. Therefore, the City Council finds that this criterion can be satisfied. · OAR 660-12-045(3)(e). The City Council finds that it is feasible to require off-site road improvements that would include facilities accommodating convenient pedestrian and bicycle travel. The City Council has required the applicant, in the approval of Phase I of Woodburn Company Stores, to provide a bicycle lane and sidewalks along Amey Road. · oAR 66o-12-o450)(e). This criterion requires that internal pedestrian circulation within commercial developments be provided through the location of buildings, construction of accessways, walkways and similar techniques. The City Council finds that because the applicant satisfied this requirement in Phase I, it is feasible to satisfy this requirement in Phases II and III. · OAR 660-12-045(4)(a). The City Council finds that it is feasible to require this applicant to provide transit facilities designed to support transit use through the provision of bus stops, pullouts and shelters, optimum road geometries, on-road parking restrictions and similar facilities as appropriate. Page 21 - Findings and Conclusions lOC ATTACHMENT 1 IOA · OAR 660-12-045(4)(b). This criterion requires that retail development at or near major transit stops provide for convenient pedestrian access to the transit stop. The City Council finds that there is no major transit stop as that term is defined near this site. · OAR 660-12-045(4)(c). The City Council finds that this criterion is inapplicable since a pedestrian district has not been established in this area. · OAR 660-12-045(4)(d). The City Council finds that it is feasible to require employee parking in Phases II and III to provide for preferential car pool and van pool parking. The City Council makes this finding based on its approval of Phase I. · OAR 660-12-045(4)(e). This criterion is inapplicable since it applies to existing development. · OAR 660-124~5(5)(d). The City Council finds that it is feasible to satisfy this criterion by providing a transit stop along Arney Road or providing a connection to a transit stop if the transit operator requires such an improvement. The City Council makes this finding based on its approval of Phase I of Woodburn Company Stores. For these reasons, the City Council finds that the issues raised by ODOT have been satisfied and are not a basis for denial of this application. Response to issues raised by Department of Land Conservation and Dcvel0pmen~ in Msrch 22. 1999 Letter. (1) Statewide Planning Goal 10. "Housing". Is Satisfied. DLCD argues that the City must adopt an updated buildable lands needs analysis to satisfy Goal 10. Only at that point, DLCD suggests, is it possible for the City to assess whether conversion of 8.0 acres from a multi-family designation to a commercial designation satisfies Goal 10. The City Council rejects this argument. This application is subject to compliance with the Goals and the acknowledged Plan. ORS 197.175(2). Goal 10 simply requires the City to provide for housing needs. The City Page 22 - Findings and Conclusions has done this. The findings at the outset of this decision state the housing needs of the City of Woodburn have been satisfied through the year 2014. The acknowledged Plan states that there are 688 acres of high density residential designation. Of this, 57 acres are undeveloped and 188 acres are underdeveloped. (Plan at pages 15 and 16.) The Plan further notes that the City has 238 surplus acres designated for multi-family land uses. (Plan at page 38.) This allows, at 12 dwelling units per acre, an additional 2,353 dwelling units. (Id_~.. Table 9 of the Plan at page 39 shows that the City has a surplus of 1,305 multi-family dwelling units through the year 2014. The Council notes that the Plan has recently been amended in March 1996 and in August 1997. Moreover, assuming that this eight (8.0) acres can accommodate twice the 12 dwelling units per acre figure, this area would accommodate 192 dwelling units. Removal of this site from the High Density Residential designation would still leave 1,013 surplus multi-family dwelling units by the year 2014. The City Council finds that the acknowledged Plan's determination of a surplus of multi-family housing units is a sufficient basis for it to determine that this application will allow the City to continue to meet the housing needs of its citizens. There is no legal requirement that the City defer this determination until the periodic review is completed as suggested by DLCD. DLCD's assertion that the City's acknowledged Plan contains an rout- of-date buildable lands inventory' does not mean that the City cannot rely on its acknowledged Plan. (2) Statewide Planning Goal 9 Is Satisfied. DLCD argues that the City must satisfy the administrative rule implementing Statewide Planning Goal 9; OAR Chapter 660, Division 9. The City Council finds that this administrative rule applies only at periodic review. OAR 660-09-10(2). However, assuming that the administrative rule applies to non-periodic review decisions, the City Council finds, as it did in 1992 and in 1998 that this application satisfies the administrative rule for the following reasons. First, this application results in eight (8.0) acres of commercial development which will increase the ~i~ii~iiiCity's property tax~. baser. A-n Increased property tax~ base provides additional revenue to the City. Secondly, an eight (8.0) acre commercial development provides additional jobs for city and area residents. Finally, consistent with the Plan, approval of this application further encourages the development of the I-5 commercial area. The acknowledged plan has long anticipated that this area will be developed for commercial uses. (3) The City Has Coordinated with QDOT, DLCD and Marion County. Page 23 - Findings and Conclusions IOA DLCD argues that ORS 197.015 provides that a Plan is coordinated when the needs of all levels of government have been considered and accommodated as much as possible. DLCD argues that ODOT's needs have not been satisfied since that agency requested a refinement study. For the reasons described above, the City Council finds that a refinement study is not necessary now. Moreover, the City Council has considered ODOT's ~request that a refinement study be prepared before this application is approved but has rejected this request as explained above. Nothing requires the City Council to agree with ODOT in order to satisfy its coordination requirement under state law. Finally, DLCD suggests that the City ought to defer this decision until the City's periodic review has been completed. However, nothing in state law requires deferral of an annexation, plan map amendment or zoning map amendment for completion of a periodic review work task.~ (4) The Application does not Conflict With Periodic Review. The City Council rejects DLCD's argument that the Plan amendment must be deferred until the City has completed its periodic review work tasks. DLCD cites no legal basis for requiring deferral until the periodic review work tasks are satisfied. (5) The City Has Satisfied the 45-Day Post Acknowledgment Amendments. The City mused notice of the February 22, 1999 Planning Commission hearing to be timely mailed prior to that heating. However, the "final hearing on adoptionN of these amendments was the May 10, 1999 City Council hearing. Thus, both ODOT and DLCD had more than 45 days notice of the City's final heating on adoption which is required by OAR Chapter 660, Division 18. Moreover, to the extent DLCD's comment raises a procedural error, the City Council finds that the agency's substantial right to a full and fair hearing and an opportunity to make its case have not been prejudiced. ODOT and DLCD placed letters into the record and ODOT's representative appeared at the May 10, 1999 City Council hearing. Thus, both agencies had a full and fair opportunity to make their case? ~ ODOT and DLCD's comments are directed at the comprehensive plan map amendment and not at the annexation or zoning map amendment. Because ODOT and DLCD have not raised an issue with the respect to the annexation, there would be no basis for the Land Use Board of Appeals to remand or reverse the annexation decision. The City Council finds that ODOT and DLCD raised issues related only to the Plan map amendment and not to the annexation amendment. Consistent with ORS 197.763(1), these agencies did not raise issues with sufficient specificity as to the annexation and the zoning map amendment. 20DOT requested that the City Council record remain open at the May 10, 1999 heating. O~ts i97.763(4)(V) proviaes mat' a uity uouncn may conttnue a I~eanng when it is Page 24 - Findings and Conclusions IV. CONCLUSION~!ii~ii~~. The City Council finds for the reasons contained herein to approve this application subject to the following conditions of approval. -1- ~ This approval is limited to a factory outlet center. ~ ,.~:~,~..~..'~.4~:'~ ............ · ...................... ~ ~.-'4~.~¢~ ~.~::::~.~/'.:',2 ?~..~ ......... -~.'.- .... -:' ~it-.'~ ...... ' ~ ~~ the site ~ ~ review application shall satisfy OAR 660-12-045. ~~3~,~~~' ..:~: - ... · .. .~ , . . :~ .... ::: . .. .... .~ .... .. '.:: .... .. - *,/.a~., ...... . ::. .' . · .... .:-:. '? .- IOA not the initial evidentiary hearing. The initial evidentiary hearing in these applications was the February 22, 1999 Planning Commission hearing. The City Council notes that ODOT's representative did not object to the City Council's denial of his request that the record remain open. Page 25 - Findings and Conclusions Community Development 270 Montgomery Street 10B MEMORANDUM Woodburn, Oregon 97071 (503) 982,524~ Date: To: From: Subject: July 22, 1999 Mayor and City Council thru City Administrator~' Community Development Director City Annexation Disapproved by the Oregon Department of Revenue (Heritage Park Meadows) The Annexation process calls for the City to submit all Annexations to the Oregon Department of Revenue for final approval. The City's practice has been to provide the Revenue Department the legal description for review prior to submitting the Ordinance to Council for adoption. Inadvertently, this process was not followed in this case. I provided the City Attorney a legal description for Ordinance adoption, which was prepared by a registered surveyor, with a map that was correct but the written legal narrative that was incorrect. This was discovered after Council approved Ordinance 2232 by the Oregon Department of Revenue. The legal description that is incorporated in the attached Ordinance has now been reviewed and approved by the Department of Revenue. SG:nd ,' ,' 10B COUNCIL BmL 1 0. ORDINANCE NO. AN ORDINANCE CLARIFYING ORDINANCE NO. 2232 WHICH ANNEXED CERTAIN PROPERTY LOCATED NORTH OF VANDERBECK LANE AND WEST OF BOONES FERRY ROAD AND DECLARING AN EMERGENCY. WHEREAS, the Woodburn City Council acted on April 26, 1999 by Ordinance No. 2232 to annex certain property located north of Vanderbeck Lane and west of Boones Ferry Road; and WHEREAS, annexation proceedings were held and concluded with the applicable Oregon law; and WHEREAS, there is an ambiguity on the face of Ordinance No. 2232 because the site map attached to said ordinance included all of Vanderbeck Lane and the legal description attached to said ordinance only included a portion of Vanderbeck I. nme; and Wm~REAS, it is imperative that the Woodbum City Council clarify this ambiguity so as to allow the Oregon Department of Revenue to fuuflize said annexation; NOW, THEREFORE, CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That Ordinance No. 2232, regarding the annexation of certain property located north of Vanderbeck Lane and west of Boones Ferry Road is hereby clarified to make the site map match the legal description of the property annexed. Section 2. That the site map of the property annexed is attached to this ordinance as Exhibit "A'' and, by this reference, is incorporated herein. Section 3. That the legal description of the property annexed is attached to this ordinance as Exhibit "B" and, by this reference, is incorporated herein. Section 4. This ordinance being necessary for the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and appr~ City Attorney Date Approved: Richard Jennings, Mayor Page 1 - COUNCIL BILL NO. ORDINANCE NO. EXHIBIT ~ Page ! of I 10B Parcel to be Annexed to the City of Woodburn (Heritage Park Meadows) Beginning at a point on the center line of Vanderbeck Lane, (County Road 511) a 40 foot wide right-of-way which is 2914.2 feet South 88°44'20" East and 1559.6 feet South 02005'40" West from the northwest comer of the B. Hurley Donation Land Claim in Township 5 South, Range 2 West, Willamette Meridian, Marion County, Oregon; thence N02°05'40"E a distance of 830.90 feet to a point; thence S89°23'49"E a distance of 524.25 feet to a point; thence S02°05'40"W a distance of 827.82 feet to a point on the center line of Vanderbeck Lane; thence SOO° 16'00"W a distance of 20.00 feet to a point on the south line of Vanderbeck Lane; thence N89°44'00~W, along the south line of Vanderbeck Lane, a distance of 524.34 feet to a point; thence N00° 16'00"E a distance of 20.00 feet to the point of beginning. The above described parcel contains 10.22 acres of land. 10C l/Voodburn Recreation and Parks Department Mayor & City Council via John Brown, City AdministratorA_.] '~/ D Randall Westrick, Recreation and Parks Director ~/q~ date: July 22, 1999 subject: Fiesta Special Event Permit to Use Le~ion Park RECOMMENDATION: Authorize the Recreation and Parks Director to sign the Special Evem Park Use Permit with the Fiesta Committee for the 1999 Fiesta at Legion Park. As reviewed and recommended by the Chief of Police, authorize the use of sound amplification equipment as follows: Friday, August 6, 1999; 10 a.m. to 11 p.m. Saturday, August 7, 1999; 10 a.m. to 11 p.m. Sunday, August 8, 1999; 10 a.m. to 10 p.m. BACKGROUND: The Fiesta Committee is planning the 1999 Fiesta at Legion Park. Event organizers are preparing an event for August 6 - 8, 1999. They envision more than 30,000 visitors to the event this year. DISCUSSION: The Recreation and Parks Department has prepared a Special Event Permit for the 1999 fiesta (Attachment 1). This Permit is similar to the permit issued for the 1998 Fiesta. That Permit guided a successful Fiesta that operated very smoothly. The Police Department has approved the Fiesta's Dance and Parade Permits. Among the provisions of the permit is a section on fees. Staff proposes a "no fee" permit. The Permit also requires the Committee to post a $1,250 deposit to cover the costs for repairs should that be necessary. Attachment 2 describes examples of conditions that would require the Department's retention ora portion or all of the deposit. These conditions were suggested to the Fiesta Committee as examples. Other conditions not listed could arise that might result in retention of all or portions of the deposit. Also, considering the level of organization that the Committee has achieved, it is possible that the entire deposit might be returned. 10C Fiesta Special Event Permit to Use Legion Park Page 2 CONCLUSION: The Recreation and Parks Department looks forward to working with the Fiesta Committee to produce this important community event. In many ways the Recreation and Parks Department and the City are in partnership with the generous volunteers who organize the Fiesta. Together, we expect that the 1999 Fiesta will be one of our best ever. Attachments: Special Event Park Use Permit Potential Deposit Expenses lOC Special Event Park Use Permit Page 2 10. 11. deposit to be applied to repair damages to the Park or to the City property caused by the Permittee or to remedy other default under this Permit. Within thirty (30) days after termination of the Event under this permit, the City shall either refund the security deposit to the Permittee or shall give the Permittee a written accounting stating the basis of the City's claim to all or part of the security deposit. If costs of repairing damages to the Park exceed the amount of the security deposit, the Permittee agrees to be responsible for all excess costs. GROUND SET UP PLAN' The Permittee agrees to submit to the Recreation and Parks Director for approval a Ground Set Up Plan fourteen calendar days before occupying the park as stated in Section 2. of this Permit. This Plan shall specify: A. All temporary fence lines including entrance gates, emergency exits and access lanes C. D. E. F. G. and service entrances. Ride and attraction locations. First Aid stations. All food and beverage and other vending locations. Utility vehicle, ambulance and event truck parking. Ticket sales booths. Security personnel. SECURITY PLAN: The Permittee agrees to submit to the police Chief for approval a Security Plan. This plan shall include the following: A. The number of private security officers. B. The locations where each private security officer is stationed. C. The hours each private security officer is scheduled to work. D. A crowd control plan. E. Proof of bonding of the private security company. F. Proof of license and certification of the private security company by the Oregon Department of Public Safety Standards and Training:~ The Security Plan shall be finally approved by the City by issuance of this Permit and the Permittee shall abide by the Plan as a condition of this Permit. TOILETS: The Permittee agrees to provide at least 26 (including one For disabled)portable toilets and shall clean and service these toilets throughout the Event on a frequent basis. At least two toilets shall be designated for disabled. TRASH CONTAINERS' The Permittee agrees to provide at least two trash trash container(s) per Food vending booth and shall empty these containers on a frequent basis throughout the Event and dispose of the trash. CLEANUP: The Permittee agrees to perform ongoing daily litter and trash cleanup of the entire permit site during the Event and at the conclusion of the Event. At the conclusion of the Event, the Permittee agrees to restore the Event site to the condition existing prior to the Event so that it is useable no later than 5:00 p.m. on August 11, 1999. 10C City of Woodbum Special Event Park Use Permit Upon payment of the proper fees, the following named Permittee is issued this Special Event Park Use Permit for use of Legion Park for the dates specified herein. This permit is subject to all park roles, policies and re~ulations, and to the conditions set forth below. (~ Christine Villastffgo Latin American Club 981-3365 (~ Name of Representative Company/Organization Day Phone/Evening Phone · *'q P.O. Box 321 Woodbum OR 97071 Address City State Zip ~.~ Legion Park ~4 Tax I.D. # Park LOCATION: This Permit is issued for Legion Pm'k(hereinaf~er referred to as "the Park") for Fiesta Mexicana (hereinafter referred as "the Evem"). 2. DATES AND TIME: TNs permit is valid for 9day(s) on the following date(s): August 2-August 10, 1999. The Permittee agrees that the hours of operation shall be as follows: Event Set up and Preparation: Mort. - Thurs., August 2-5, 1999 Event Operation: Fri., August 6, 1999 10:00 &m. to ll:OOp, m. Sat., August 7, 1999 lO&re, to ll:OOp, m. Sun., AugustS, 1999 lO&re, to lOp. tn. Event Clean Up and Move Out: Mon.- Tues., August 9-10, 1999 o PARK AREA: The exact area within the Park, for the Permit operation will be agreed upon between Recreation and Parks Director and the Permittee. However, if mutually agreeable terms cannot be reached, the Recreation and Parks D~recto s decision on the park shall be final. CONTACT PERSON: The Permittee agrees that Chn'stin¢ Villastffgo and/or Maggie Garcia or Daniel Kor for secuti(ytnatters is/are the contact person(s) for the Event and shall remain on site and available during the entire period of the Event. Failure of the Permittee to have the contact person on site and available during the period of the Event shall constitute a revocation of this Permit. FEE: The Permittee agrees that for the privilege of operating under this Permit, the Pennittee shall pay the City the fee of No Fee, as established by the City Council resolution. The Permittee shall remit payment of the fee to the Recreation and Parks Director. SECURITY DEPOSIT: The Permittee agrees to deposit the sum of $1,250.00(on deposit, carded over from previous year) with the City upon execution of this permit as a security 10C Special Event Park Usc Permit Pase 3 12. PROMOTION OF SPECIAL EVENT: Any promotion of the Event shall be entirely by the Permittee at its own expense. The Permittee agrees not to publicize, promote, or otherwise advertise the Event at the park location until this permit is issued without permission from the Recreation and Parks Director. 13. INDEMNIFICATION: The Permittee waives all claims against the City, its officers, agents and employees, for loss or damage caused by, arising out of or in any way connected with the exercise of this permit. The Permittee agrees to save harmless, indemnify and defend the City, its officers, agents and employees, from any and all loss, damage or liability which may be suffered or incurred by the City, it's officers, agents and employees caused by, arising out of or in any way connected with exercise by the Permittee of the fights hereby permitted, except those arising out of the sole and direct negligence of the City. 14. INSURANCE: Without limiting the Permittee's indemnification ofthe City, the Permittee shall provide and maintain at its own expense during the term of this Permit comprehensive general liability insurance and comprehensive auto liability insurance with a combined single limit of $1,000,000 per occurrence. Such insurance shall be primary to other insurance maintained by the City and shall name the City as additionally insured. Failure of the Permittee to procure or maintain the required insurance shall constitute a revocation of this Permit. 15. COMPLIANCE WITH PARK RULES: The Permittee agrees to comply with all policies, rules, and laws governing the operation of the Park, and not alter or damage the Park's natural or cultural resources in any way through the support or operation of the Permit activities, and to be responsible for and fully repair all damage to park facilities and resources which may result from any operations under this Permit. 16. AUTHORITY TO SUSPEND OR CANCEL: In the event that the City Administrator or Recreation and Parks Director find that the activities being conducted under this Permit endanger the health and safety of any person, or will cause damage to real property, or that the Permittee has not complied with any of the terms and conditions of this Permit, the City, through the action of any of the above-named City officials, may suspend or cancel this Permit. The City reserves the right, at its discretion, to suspend or cancel this Permit at any time without incurring any liability to the Permittee whatsoever. 17. OTHER APPROVALS AND PERMITS: The Permittee agrees and understands that, apart from this Permit, it is necessary to obtain other permits and approvals in order to conduct the Event. The Permittee understands and agrees that these permits and approvals include, but are not limited to, the following: A. For food booths, the Permittee must require vendors to obtain the approval of the Marion County Health Department. 10C Special Event Park Usc Permit Pa~,e 4 18. 19. 20. 21. C. D. E. For any carnival rides, the Permittee must obtain inspection and approval of the State of Oregon, Building Codes Division. An emergency access plan for the Event must be approved by the Woodburn Fire District. A sound amplification permit for the Event must be obtained from the Woodbum City Council. A dance permit must be obtained through the Woodburn City Recorder for any public dance. ANTI-DISCRIMINATION/COMPLIANCE WITH LAWS: The Permittee agrees not to discriminate against any individuals on account of color, race, religion, ancestry, or national origin and to comply with all applicable federal, state and local rules, regulations and ordinances. ASSIGNMENT: The Permittee understands and agrees that this Permit is a license agreement and is not a lease, and that the Permit is a personal, revocable and unassignable permission to perform the acts herein set out without reserving or granting to the Permittee any interest in real property or other interest. PERMITTEE STATUS: The parties hereto agree that the Permittee, it officers, agents and employees, in the performance of this permit shall act in an independent capacity and not as officers, employees or agents of the City. NO THIRD PARTY BENEFICIARIES: This Permit is not intended nor shall it be construed as granting any fights, privileges, or interests in any third party without mutual written agreement of the parties hereto. PERMITTEE: CITY OF WOODBURN: By: By: Title: Date: Date: D. Randall Westrick, Recreation and Parks Director cci City Administrator Police Chief 10C ATTACHMENT 2 10C Memo Woodburn Recreation and Parks Department date: Christine Villastrigo/Maggie Garcia, Fiesta Mexicana Committee D. Randall Westrick, Recreation and Parks Director ~ July 22, 1999 subject: Potential Deposit Expenses Similar to last year, the City has retained a $1,250 deposit from Fiesta organizers to recover costs for repairs to City property if necessary. These costs do not include costs to help set up, rental, routine maintenance or other expenses to accommodate the Fiesta. To help develop a common understanding about the types of costs the City will charge to the deposit, the following list is provided. Please understand that this list represents examples to clarify the types of damage reasonably anticipated after an intensive three day event such as the Fiesta Committee is planning. Other conditions and damages not anticipated could arise that qualify for charges to the deposit. Potential Damage or Occunvncc Potential Cost to Repair Vehicle damage to electrical services, turf; fences, park furniture or $500 per occurrence buildings. 'Plumbing repairs (shelter sinks). $100 per repair Crashed irrigation pipe. $150 per pipe Repair to electrical system for overloaded circuits (breakers, etc.). $100 per occurrence Clean up after permit expires (dump fees, labor, etc.). $500 Stolen supplies. $100 These items are potential problems that we could reasonably expect to happen. The deposit ensures to the City that the resources are available to repair damages that the Fiesta incurs. Before the Fiesta moves into the park, no later than Tuesday, August 3, 1999, we will walk through the park to make a detailed inventory of existing cxmditions. This walk through will detail damage and other conditions so that possible pre-existing damage is not attributed to the Fiesta. We will also confirm last minute facility arrangements such as use of keys, stadium access, sound systems and other event details. Thank you for your efforts in organizing community resources for this celebration. The Recreation and Parks Department looks forward to working with you to make the 1999 event a success 1OD City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-2352 Date: July 23, 1999 From: Deputy Chief Paul Null To: Mayor Richard Jennings Thru: John Brown, City Administrator~vLT~-/ Subject: Sound Amplification Permit - Centro Cristiano A/G Church Ordinance 1900, 3, (5) The use or operation of an automatic or electric piano, phonograph, loudspeaker or sound-amplifying device so loudly as to disturb persons in the vicinity thereof or in such manner as renders the same a public nuisance; provided however, that upon application to the Council permits may be granted to responsible persons or organizations to broadcast programs of music; news speeches or general entertainment. The police department has received a request for a sound amplification permit from Centro Cristiano NG Church, 257 W. Lincoln Street., for Saturday, August 7, 1999, from 4:30 p.m. to 8:30 p.m., at Library Park. The church is also requesting a sound amplification permit for an outdoor church service at 257 W. Lincoln St. on Sunday, August 8, 1999, from 4:30 p.m. to 8:30 p.m. Centro Cristiano is also requesting street closure on Sunday, August 8, 1999, from 4:30 p.m. and 8:30 p.m., Lincoln Street between First and Second Streets. The church event is intended to draw from the general public which possibly could cause an overflow of persons into the street. For safety reasons, the church would like to close the street in front of their church. I have met with Pastor Pineda and discussed placement of barricades on Lincoln St. which would not restrict access to the Post Office, M&M Towing, or First and Second Streets Recommendation: The City Council approve a sound amplification permit for Centro Cristiano A/G Church for August 7 & 8, 1999 from, 4:30 p.m. to 8:30 p.m. and street closure of Lincoln Street between First and Second Streets on August 8, 1999, from 4:30 p.m. to 8:30 p.m. CENTBO CRISTIAN6 A/G CHURCH 257 W. Lincoln St. ¢ PO BOX476 · Woodburn. Oregon 97071 Phone (503) 931-1744 IOD July 01, 1999 City of Woodbum 270 Montgomery St. Woodbum, Oregon 97071 RE: OUTDOOR SERVICE Dear City Council, Greeting in the name of the Lord and Savior Jesus Chdst. Recently I opened with prayer at the State Capitol in Salem. My prayer was not only for State Elected Official in Government but also for the Local City Government. Woodbum City Council we are P~'aying for you. As Abraham Lincoln stated, 'That the A.Imighty does make use of human agencies and directly intervenes in human affairs is one of the plainest statements in the Bible. I have had~e many evidences of His Direction, so many instances when I have been controlled by some other power than my own will, that '1 cannot doubt that this power' comes from above." A new day is coming and this year ends making history. May almighty God give you each a leading for this City as we e,-,te~ the NeW Millennium. , Each year during the summer, we at Centre Cr~iano Church plan for an Outdoor Service. We are asking permission to use the Library Park Stage August 7, 1999 for the purpose of having food, live music between the hours 4:30 PM and 8:30 PM. This year Joe Pedrojetti who has become will know with his KO Ministries a Boxing Club making champions for Christ has provided a way out of drugs, alcohol and gangs for many young people. Joe shares and testifies of what God has done in his life and as a Boxer. Sunday August 8, 1999, Outdoor Service Church parking lot as we have done in the past years. Church building located 257 W Lincoln St. Between the hours of 4:30 PM and 8:30 PM. Additionally, permission for amplified music in conjunction with program on the date and time listed above, PASTOR NeE PINEDA np IOD ADDED REQUEST: We would also request if it ali possible close off East and Westbound traffic on Lincoln St. Direct traffic to turn north or south 1st Street. Traffic from the eastbound direct traffic north on 2nd With active outside, traffic at times do not slow do~a~ and a Safcty issuc is my conccm. This would only be on Sunday afternoon. Being the Saturdays activity will be at the Library stage, See map of closure. Thank You, 0 0 Pedro'etti's 0 X Z m IOD The Bulldog Boxing Club is one of the Rogue Valley's great success stones. The Club was conceived the f~rst week in November 1996 wqth four asplnng boxers and three coaches. The purpose of the club wag to provide the youth and young adults of o~r community an opportunity to learn the essentials of a produchve life such as chsophne, respect, and conh'olhng aggression through the sport of boxing. To this end the Club provides a positive environment to learn bo~qng, a modern gym w~th the safest equipment available and a training staff who teach the youth of our community to become champions, ms]de and outside the nng. Almost 2 years later and through the generous contributions o! this communtty, over 200 young hves have been touched and the Bulldog Boxqng gym located m the Joseph Wmans FurnlhJre warehouse has become a reahty. The trammcj staff ts m place and 30-40 young boxers work out daily learning hfe through the sport of boxing. The Buildo<j Boxing Club has been ~ncorporated as a 501 C(3) Not-I:or-proftt corporahon (Federal Tax #91-175301) and ~s a member of USA Box~ngo The volunteer coaching staff is headed by Joe Pedroleth, a fo,',~er two hme nahonai collec~ate champion and coach of the 4th Army team, as well as an asststant coach at the Un,versify of Nevadal Jtmmy Pedroleth, who has helped develop outstanchng amateur boxers over the last two years, including 5 nahonaily ranked Junior Boxersl and J~m Kusnerqk, owner of Superior Athlehc Club as our strength coach. The Bulldog Boxing staff's long hours in the gym are balanced by our long hours being ~nvolved in the hves of our young boxers. This involvement includes meehng with parents, teachers, counselors, and probation officers. Addlhonaiiy we offer a work-study procdram, study tables, ophonal weekly g~ble stuches and a home schooling program. This supporhve environment has translated to success ~n and out of the nng. Inside the nng the success of th~s club has caught the eye of the West Coast. The Buildo~ Boxing team has racked up over 200 wins' captured 18 team htles. Addfftonally, the club can now clmm 2 Golden Gloves Champl0ns and 5 Nah0naily ranked Jun~0r Olympic Boxers. The Bulldog Box, ng club needs your help so that we may conhnue to g~.ow whde malntmnlng the standard of excellence that has been estabhshed. We have many needs including equipment, travel funds for upcoming events and gym improvement expenses. The Buildocj Boxing program thanks you for your past and continued support in helpmcj to make the Rogue Valley a better place to hve.. IOE City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-2352 Date: From: To: July 14, 1999 ~ Deputy Chief, Paul E. Nu Mayor Dick Jennings and City Council Subject: Sound Amplification Permit The Woodburn Latin American Club, in preparation for the up-coming Fiesta Mexicana Celebration to be held at Legion Park, has applied for a sound amplification permit. The sound amplification permit is being requested for the following dates and times: Friday August 6"` Saturday August 7"' Sunday August 8~ 10:00 a.m. - 11:00 p.m. 10:00 a.m. - 11:00 p.m. 10:00 a.m. - 10:00 p.m. The Woodburn Latin American club has also been approved to conduct a parade on Saturday, August 7"`, 1999, at 12:00 p.m. The parade route will be the same as in years past, starting at First and Oak Streets and ending at Park Ave. and Legion Park. Recommendation: The City Council approve a sound amplification permit for Aug 6"` and 7"` from 10:00 a.m. to 11:00 p.m., and Aug 8, 1999, from 10:00 a.m. to 10:00 p.m. June 30,1999 WOODBURN LATIN AMERICAN CLUB /?,. -_ JUL 9 1999 P.O. Box 321 Woodburn, OR 97071 The Woodburn Latin American Club would like to request an Amplified Sound Equipment Permit. The permit is for music that will be played in Legion Park during the Fiesta Mexicana. This year the Fiesta Mexicana will be held on August 6th, 7th & 8th. Most of the music will be on a stage in the picnic pavilion area. However, there will also be music on a stage in front of the grandstand. We would like the permit for the following day and times: .......... August 5 .... · Friday August6, 1999 · Saturday August 7, 1999 · Sunday August 8, 1999 10AM- 11 PM (~ 10AM- 11 PM 10AM-~ 10:oo ~.Yl~ If you need more information, please contact Margarita Garcia at 981-6248 or Chris Villastrigo at 981-3365. Sincerely, Margarita Garcia, President Woodburn Latin American Club IOF City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-2352 Date: From: To: July 15, 1999 ~ Deputy Chief Paul Nul Mayor Richard Jennings City Council Subject: Sound Amplification Permit The Woodburn Downtown Association is requesting a sound amplification permit for Tuesday, August 3, 1999, from 7:00 p.m. to 8:00 p.m. The Woodburn Downtown Association is planning a neighborhood watch event in conjunction with National Night Out. The association plans on having live amplified music during the event. Association member Beverly Koutney advises she has scheduled the event with the library and there are no conflicts with other scheduled park events. Recommendation: The City Council approve a sound amplification permit for Woodburn Downtown Association for August 3, 1999, from 7:00 p.m. to 8:00 p.m., at Library Park CC Linda Sprauer - Library Randy Westrick - Parks IOF July 15, 1999 Woodbum Downtown Association is planning a neighborhood watch party for Tuesday, August 3 in Library Park. We would like to have some live, amplified music for about one hour during that time. Could we have a permit to do this (providing the musicians are able to come) from 7 to 8 p.m. on that evening? It might also be nice for the area community to meet the neighborhood watch police officer for downtown and we can plan to do some training activity for the group at that time also. I work at Woodburn Chemeketa Community College on Tues., Wed., and Thurs. from 9 to 4:30 and I can be reach at home on the other days at 982-4531. Sincerely, Beverlee Koutny 2781 J Street Hubbard, Oregon, 97032 City of Woodburn Police Department 270 Montgomery Street De Vault Allen Patrol Sergeant 10G STAFF REPORT Woodburn, Oregon 97071 (503) 982-2345 Ext. 358 Date: July 13, 1999 To: Thru: Mayor and City Council Paul Null, Deputy Chief//~4)~// j Re: STAFF REPORT National Night Out, Tuesday, August 3, 1999 On Tuesday, August 3rd, neighborhoods throughout Woodburn are being invited to join forces with thousands of communities nationwide for the "16th Annual National Out." National Night Out will involve over 9,420 communities from all 50 states in the United States, U.S. territories, Canadian cities and military bases around the word. In all, over 31.1 million people are expected to participate in America's Night Out Against Crime and Drugs on August 3rd. National Night Out is designed to: (1) heighten crime and drug prevention awareness; (2) generate support and participation in local anti-crime efforts; (3) strengthen neighborhood spirit and police- community relations; (4) send a message to criminals, letting them know neighborhoods, communities, businesses and the police are organized and fighting back. From 7:00 to 10:00 p.m. on August 3rd, residents in neighborhoods throughout Woodburn and across the nation asked to lock their homes, turn on outside lights and spend the evening outside with their neighbors and the police. Many Neighborhoods throughout Woodburn will be hosting a variety of special events such as block parties, cookouts, ice cream socials, organized flashlight walks, visits from the police and McGruff the crime fighting dog. National Night Out Coordinator, Matt Peskin said, "National Night Out is an ideal opportunity for citizens and law enforcement nationwide to form powerful partnerships in the fight for a safer and more liveable America. National Night Out is a powerful reminder that the crime/drug prevention awareness and programs must be nurtured and sustained every day of the year. On Tuesday, August 3rd, millions will join forces to Give Crime and Drugs A Going Away Party." COUNCIL ACTION In order to accommodate the citizens of Woodburn who wish to close their streets for block parties, I am requesting the Mayor and Council give the Chief of Police the authority to authorize street closures on Tuesday, August 3, 1999 from 6:00 to 10:00 p.m. IOH July 26, 1999 TO: FROM: SUBJECT: Mayor and City Counc~(y/6/ City Administrator Executive Employee Performance Evaluations Recommendation: It is recommended the City Council provide an opportunity for Public comment on the form and process for evaluating the City Administrator and City Attorney. Background: State statute requires that the City Council provide an opportunity for the public to comment on the process for evaluating the City Administrator. The City Attorney has suggested the same opportunity for public comment should be given before the Council evaluates his performance. Discussion: I developed a form for evaluating executive managers, which will be expanded during the next year into a tool for evaluating all managers on a pay-for-performance basis. A copy of the form is attached for the public's information and comment, and your use in evaluating me and the City Attorney. The form is still a draft, and will be modified according to any guidance provided at your July 26, 1999. It allows you to rate your executive managers on the basis of how well we perform our job responsibilities and on our work methods and personal work characteristics. It also provides you an opportunity to establish a performance development plan for us for the coming evaluation period. That plan will be the basis for subsequent evaluations. The form also defines criteria and provides a framework for compensation adjustments. To initiate the evaluation process, your are asked to approve the attached form. It is proposed that each of you will then complete the form, in anticipation of evaluation sessions for the City Attorney and myself. Mr. Shield's evaluation is scheduled for August 9, 1999 meeting. My evaluation is scheduled for September 13, 1999. Evaluations will be conducted in closed session, unless either of us requests an evaluation in open session. It is proposed that you will discuss your individual rating responses and comments in the evaluation session, and an overall rating will be assigned by consensus. Compensation adjustments, if any, would be based on that consensus. Actions to be taken in conjunction with the evaluations will occur in open session. Conclusion: The attached form is intended to offer a simple and concise tool, and meaningful criteria for rating the performance of your executive managers. Your meeting of July Mayor and City Council July 26, 1999 Page 2. IOH 26, 1999 will offer the opportunity for public comment on the evaluation process required by statute, prior to Mr. Shield's evaluation in August, and my evaluation in September. Should you have any questions, comments, or concerns regarding the proposed form or evaluation process, please contact me at your earliest convenience. JCB CITY OF WOODBURN EXECUTIVE EMPLOYEE PERFORMANCE EVALUATION IOH Name Title/Classification Evaluation Date Department/Division Time in Classification Date of Last Evaluation Part 1. Rating on Performance of Job Responsibilities. List in priority the four or five job responsibilities performed by the employee, referring to job description for the classification. Evaluate and assign the standard which best relates to the employee's performance during the review period. State the reasons for your selected rating in the space provided for comments. Part 2. Rating on Work Methods and Desirable Characteristics. Rate the Employee on the work being performed and on achievement of desirable work characteristics by assigning the standard which best relates to the employee's performance during the review period. State the reasons for your selected rating in the space provided for comments. Ratings should be awarded based on employee's performance for the entire rating period, and not based on an isolated incident. Part 3. Summary of Overall Performance. Rate the employee's overall performance, based on the ratings assigned in Parts I and 2. Part 4. Compensation Adjustment. Indicate, based on overall performance whether employee's performance warrants a merit increase or other compensation adjustment. Compensation adjustments shall not be granted for overall performance which does not consistently meet job requirements. Compensation adjustments may be granted for performance which consistently meets job requirements, but shall be limited to the percentage of increase granted to other management employees for annual step adjustments within their salary ranges. Compensation adjustments shall be granted for unique and exceptional performance or performance which frequently exceeds job requirements. Such adjustments shall be negotiated between the City Council and the executive employee. Part 5. Performance Development Plan. A. Detail areas where improvement in employee's performance is required. B. Indicate specific goals and objectives to be achieved by employee during coming rating period. C. Identify, with employee's assistance, actions to be taken, and resources needed to assist employee in improving performance and achieving goals and objectives for the coming period. Executive Employee Performance Evaluation Page I of 6 IOH 1. Unique and exceptional performance achieved by very few individuals. The employee consistently exceeded all key performance expectations: required practically no direction and work quality and quantity were consistently excellent. With this rating, you are recognizing really outstanding worth to the organization. This performance category should be reserved for performance that clearly exceeds expectations in all key areas. 2. Performance that consistently meets and frequently exceeds job requirements. The employee fully met and frequently exceeded performance expectations: quality and quantity of work were very good and minimal supervision was required, assignments were completed on time or ahead of schedule, and extra projects and tasks were taken on while principal responsibilities were done well. This rating means the employee clearly achieved more than a manager might have been reasonably expected to achieve. 3. Performance that consistently meets job requirements. The employee met and sometimes exceeded performance expectations with a normal amount of supervision: completed projects and programs on time and with normal follow-up required while quality and quantity of work were good. This rating is for those who have surpassed expectations in some elements of performance while meeting or even occasionally falling short of expectation in others. Since this category represents fully competent performance and it will be given to about half of the employees, it should be viewed as a good appraisal rating. 4. Performance where improvements are needed to meet some job requirements. The employee is performing slightly below the minimum requirements for the position: improvement is needed to meet the normal performance requirements to remain in the current position. This rating indicates that without significant improvement in the near future, termination should be considered. 5. Performance which is unacceptable. The employee did not meet several performance expectation: assignments were not accomplished as scheduled or quality of quantity of work was unacceptable and intensive direction and corrective counseling were required. This rating signifies that, overall, the work was not satisfactory and immediate significant improvement required if the employee is to remain in the position. Executive Employee Performance Evaluation Page 2 of 6 IOH I Job Responsibilities Job Knowledge Quality of Work Quantity of Work Timeliness of Work Overall Rating for Category Comments: Judgement and Decision Making Ethics Attitude Initiative roblem ........ Solving and Creativity Executive Employee Performance Evaluation Page 3 of 6 Accessability Taking Calculated Risks Stability Under Pressure Political Skills Overall Rating for Category Comments: Teamwork Communication Customer Service Overall Rating for Category Comments: Financial Management Resource Management Leadership Supervising and Motivating Subordinates Overall Rating for Category Comments: Executive Employee Performance Evaluation Page 4 of 6 IOH Overall Rating for Category Comments: IComments: None Standard Step Adjustment Greater than Standard Step Adjustment Executive Employee Performance Evaluation Page 5 of 6 IOH 2. 3. 4. o 1. Executive Employee Performance Evaluation Page 6 of 6 Community Development 270 Montgomery Street MEMORANDUM Woodburn, Oregon 97071 (503) 982-5246 Date: To: From: Subject: July 22, 1999 ..? . Mayor and City Council thru City Administrator '(.t¢ Community Development Director Request by Staff to Continue the Growth Management Proposal to the August 23, 1999 City Council Meeting The request for the extension of time will allow Staff the opportunity to thoroughly address the concerns raised by Council at the last hearing. It is also Staff's objective to provide additional background information that will provide illustrations and examples of potential impacts the Ordinance could have on the future growth of the community. SG:nd Community Development 270 Montgomery Street lIB MEMORANDUM Woodburn, Oregon 97071 (50~ 982-5246 Date: To: From: Subject: July 20, 1999 Mayor and City Council thru City Administrator Planning Commission An Annexation, Zone Map Amendment, and Minor Partition for a 5.19 Acre Parcel for Property Located Adjacent to Hwy 214. At their hearing of June 24, 1999 the Planning Commission reviewed this matter and considered written and oral testimony, closed the hearing, and moved to recommend the City Council approve the annexation of 5.19 acres to the City of Woodburn, partition the property currently bisected by Mt. Hood Avenue into two lots, one of 3.75 acres to the north and one of 1.44 acres to the south of Mt. Hood Avenue and amend the zone map from Marion County Urban Transition Farm (UTF) to Light Industrial (IL) for the lot partitioned to the north and to Public Services (PS) for the lot partitioned to the south of Mt. Hood Avenue. See attached map. The City Council may choose to: Approve the Planning Commissions recommendation to annex 5.19 acres, Amend the zone map from Marion County UTF on the north side of Highway 214 to IL, and PS on the south side of Highway 214, and partition the property into two lots consisting of 1.44 acres on the south side of Highway 214 and 3.75 acres on the north side of Highway 214. 2. Deny the annexation. Instruct staff to prepare an ordinance with findings and conclusions to substantiate your decision. CITY OF WOODBURN 270 Montgomery Street · Woodburn, Oregon 9707'1 · (503) 982-5222 TDD (503) 982-7433 · FAX (503) 982-5244 llB STAFF REPORT ANNEXATION 98-04 ZONE MAP AMENDMENT 98-05 MINOR PARTITION98-09 I APPLICANT: II OWNER: City of Woodburn 270 Montgomery Street Woodburn, OR 97071 John Hibbard 1055 Mt. Hood Avenue Woodburn, OR 97071 Franklin and Emily Doss 2110 Bunker Ridge Road South Salem, OR 97306 III NATURE OF THE APPLICATION: The applicant has submitted a petition requesting to annex 5.19 acres to the City of Woodburn. The owners of the subject property have filed the necessary petition and do consent to the proposed annexation (pgs. 11-12). In addition, the applicant is requesting a zone change from Marion County Urban Transition Farm (UTF) to Light Industrial (IL) and Public Service (PS) (pgs. 23-25). The annexation of the site is being sought by the applicant in order to annex the property into the city, to change the zoning of the property to match the comprehensive plan and to partition the property which is currently bisected by Mt. Hood Avenue to allow the sale of the southern portion. The lot partitioned to the north will be changed to a light industrial zone and the lot partitioned to the south will be changed to a public service zone as currently designated in the comprehensive plan (pg. 22). The lot partitioned to the south and zoned for public use will be acquired by the City of Woodburn for public infrastructure improvements. ANNEX 98-04,ZMA 98-05, MP 98~09 Page 1 liB IV RELEVANT FACTS: Land area: Approximately 5.19 acres The applicant's site is adjacent to the City Limits, north and south of Mt Hood Highway (Highway 214). The property can be identified specifically as Tax Lot 600,5S, l W, Section 8BC. The north portion of the subject property is designated for light industrial and the south portion is designated for public use on the Woodburn Comprehensive Plan. It is currently zoned "Urban Transition Farm" (UTF) by Marion County. The UTF zone is applied to land outside of the city, within the Urban Growth Boundary (UGB), to ensure that it remains undeveloped until annexation to the city for development at urban densities. The applicant states that no construction or addition to existing facilities on the property is planned at this time General description of the area: a) slopes - flat generally but steep where property is bisected by the b) c) d) e) f) state highway as it passes under the railroad and Front Street vegetation - field, with fruit and walnut trees drainage - no drainage modification required flood area - applicant states that there are no flood areas. sewage disposal - on site septic system utilities -gas, electric, telephone, on site water Existing Land Use a) No. single family units 1- Business in home b) No. multiple family units O c) Commercial O Industrial O Public Uses 0 d) Open space O School Impact: The applicant states that the nearest school facility is Lincoln Elementary School & French Prairie Middle School to the west of the site on Boones Ferry Road and Woodburn Senior High School to the west of the site on Hazelnut Drive Front Street. No residential development is planned on the site that would have any school impact. Park and Recreation Facilities: None. ANNEX 98-O4,ZMA 98-05, MP 98-09 Page 2 liB The applicant is responsible for obtaining any permits that may be necessary from DEQ, Division of State Lands or any other agency. V RELEVANT APPROVAL CRITERIA: Woodburn Comprehensive Plan C. Industrial Land Use Policies D. Annexation Policies H. Public Services Goals and Policies M. Growth and Urbanization Policies Bo Woodburn Zoning Ordinance Chapter 5 Permits and Enforcement Chapter 6 Planning Commission Chapter 7 Public Hearing Chapter 15 Zone Change Procedure Chapter 35 Light Industrial District Chapter 37 Public, Semi-Public and Government Use Districts A. Woodburn Comprehensive Plan The applicable land development policies have been addressed by the applicant. C. Industrial Land Use Policies O-1. It is the policy of the city to provide for developments that, whenever possible, will allow residents of the City of Woodburn to work in Woodburn and not have to seek employment in other areas. To accomplish this the city should encourage that there be a healthy job market within the city and enough industrial land is available for industrial growth to accommodate the residential growth expected in the city. STAFF COMMENT: While there is no site plan or planned development, this proposed action will add additional 'zoned light industrial land within the city limits that could be developed to provide an additional source of employment for city residents. ANNEX 98-04,ZMA 98-05, MP 98-09 Page 3 C-2 Industrial land should be located so as to insure that road transportation and secondarily, rail transportation, is available to the industrial areas. STAFF COMMENT: The industrial zoned portion has a permitted access onto an arterial roadway. In addition it is adjacent to the Union Pacific railroad tracks offering the potential for rail access in addition. C-3 It is essential that industrial lands be located on areas which have good soils and are free from flooding dangers. STAFF COMMENT: The land is at an elevation where flooding will not be a hazard and the soils are conducive to development needs. C-4 Industrial areas which are located adjacent to arterial streets or to residential areas should be controlled through site plan review and buffer zones so as to minimize the impact of industrial uses. STAFF COMMENT: The industrially zoned portion of the property, which is adjacent to an arterial roadway, will be required to undergo a thorough site plan review process prior to approval of any industrial development on the site although the adjoining land uses are not residential and industrial impacts should be minor and can be easily regulated through the site plan review process. D. Annexation Policies D-1 Annexation policies are extremely important for the City. While it is important that enough land is available for the necessary development anticipated in the City of Woodburn, it is also essential to prevent too much land being included in the city limits as this leads to inefficient, sprawling development. Because of the need to plan for public improvements, the City should insure that there is a five year supply of vacant land within the City. Services should be provided to that land during that five year period. ANNEX 98-04,ZMA 98-05, MP 98-09 Page 4 lIB STAFF COMMENT: The Urban Growth Boundary was adopted in 1980. This boundary designates areas outside Woodburn's City Limits that could be annexed to accommodate growth to the year 2000. The annexation of this land is to accommodate the growth demands of the City in a timely manner. The subject property is part of an enclave within the city limits and is contiguous to the current city limits line. The applicant states that the "proposed development conforms with this annexation policy since it is a logical extension of existing industrial and public use areas and can connect with existing services adjacent to this site." H. Public Services Goals and Policies H-2. The level of key facilities that can be provided should be considered as a principal factor in planning for various densities and types of urban land uses. STAFF COMMENT: No development is planned at this time. It will be the responsibility of the developer to construct the infrastructure that is needed for this development to occur. Adequately sized lines will be required to provide sufficient capacity to serve this area of the city. All sizing and location will be subject to review and approval by the Public Works Department. M. Growth and Urbanization Policies M-1. To insure that growth is orderly and efficient, the city shall phase the needed public services in accordance with the expected rate of growth. The extensions of the existing public services should be in accordance with the master plans in this comprehensive plan. STAFF COMMENT: Any future development on the industrial site will be required to pay systems development charges for their impact on the infrastructure. The City of Woodburn and Marion County have maintained a process for providing an exchange of information relative to the proposed annexation. A comment form and the application materials were forwarded to Marion County so ANNEX 98-04,ZMA 98-05, MP 98-09 Page 5 lib that they would have the opportunity to review and comment on the annexation as part of the application review process. Marion County stated that they did not have comments for this proposal. Once the annexation takes place, the property will fall under the city's jurisdiction. B. Woodburn Zoning Ordinance The applicable land development policies have been addressed by the applicant. See attached narrative provided by the applicant (pg. 25). Chapter 5 Permits and Enforcement STAFF COMMENT: Any construction or improvement on the site will be required to complete the site plan review process which will ensure compliance with this chapter. Chapter 7 Public Hearings STAFF COMMENT: The applicable public notice and hearing procedures will be complied with as part of the application review and approval process. Chapter 15 Zone Change Procedures STAFF COMMENT: The zone change is necessary in order to reclassify the property from the current zoning of "Marion County Urban Transition Farm (UTF)" to the city designation. The applicant is requesting that the north portion property be re-zoned to Light Industrial and that the south portion be re-zoned to Public Service which conforms to the Woodburn Comprehensive Plan Chapter 35 Light Industrial District STAFF COMMENT: The light industrial district standards will be evaluated as part of any subsequent site plan review process. ANNEX 98-04,ZMA 98-05, MP 98-09 Page 6 1lB Chapter 37 Public, Semi-Public and Government Use Districts STAFF COMMENT: The public, semi-public and government use district standards will be evaluated as part of any subsequent site plan review process. VI COMMENTS FROM OTHER DEPARTMENTS: NONE VII CONCLUSION: The applicant is petitioning the City of Woodburn for annexation of approximately 5.19 acres of property described in this staff report. The applicant is requesting a zone change from Marion County Urban Transition Farm (UTF) to Light Industrial (IL) for the north portion of the property and Public Use (PS) for the southern portion of the property. No site specific development is planned at this time. The applicant is also requesting approval, in order to avoid a situation of split zoning and also to facilitate sale of the south portion of the property, to partition the property where bisected by Mt. Hood Avenue to create two lots, one of 3.75 acres north of Mt. Hood Avenue, to be zoned Light Industrial (IL), and one of 1.44 acres south of Mt. Hood Avenue, to be zoned Public Use '(PS). VIII ADDITIONAL STAFF COMMENTS: Ao The city of Woodburn's Comprehensive Plan Map identifies the northerly portion of the property to be incorporated into the city limits as light ANNEX 98-04,ZMA 98-05, MP 98-09 Page 7 llB industrial and the southerly portion of the property to be incorporated into the city limits as public use. The property is presently zoned as Marion County Urban Transition Farm (UTF). At the time of annexation the north portion of the property will be amended from UTF to Light Industrial (IL) and the south portion of the property will be amended from UTF to Public Use (PS). The Annexation will include tax lot # 600 including 5.19 acres. IX RECOMMENDATION AND CONDITIONS OF APPROVAL: Based on the information in this report, staff recommends approval of the annexation, zone map amendment and minor partition request subject to the following conditions of approval: A. Annexation Zone Change Provide Planning Staff with a copy of a detailed description and map of the new boundaries prior to the city council hearing. This will be necessary for the City Recorder. Bo Minor Partition 1. Provide Planning Staff with a plat of the minor partition signed by a registered land surveyor for completion of recording with Marion County. Order Instruct Staff to prepare an order with findings and conditions of approval. ANNEX 98-04,ZMA 98-05, MP 98-09 Page 8 lib ::::::'- liB IN THE PLANNING COMMISSION OF THE CITY OF WOODBURN ANNEXATION 98-04 ZONE MAP AMENDMENT 98-05 MINOR PARTITION 98-04 FINAL ORDER WHEREAS, a request was made to the Planning Commission to hear a proposal for the applicant to annex 5.19 acres to the City of Woodburn, to partition the property currently bisected by Mt. Hood Avenue into two lots, one of 3.75 acres to the north and one of 1.44 acres to the south of Mt. Hood Avenue and to make a zone map amendment from Marion County Urban Transition Farm (UTF) to Light Industrial (IL) for the lot partitioned to the north and to Public Service (PS) for the lot partitioned to the south of Mt. Hood Avenue, and; WHEREAS, the Planning Commission reviewed the matter at their regularly scheduled meeting on June 24, 1999, and; WHEREAS, the Planning Commission considered the written and oral testimony presented by staff, the applicant and proponents and opponents of the proposal, and; WHEREAS, the Planning Commission closed the hearing, and; WHEREAS, the Planning Commission moved to recommend the City Council approve Annexation 98-04, Zone Map Amendment 98-05 and Minor Partition 98-09 and instructed staff to prepare findings and conclusions, NOW, THEREFORE IT IS ORDERED BY THE COMMISSION: The Planning Commission recommends the City Council approve Annexation 98-04, Zone Map Amendment 98-05 and Minor Partition 98-09 based on findings and conclusions contained in Exhibit "A" and subject to the conditions of approval contained in Exhibit "B", which are hereto and by reference incorporated herein. Approved: RoYce Young,/,~hairpetson FINAL ORDER ANNEXATION 98-04, ZONE MAP AMENDMENT 98-05 MINOR PARTITION 98-09 liB EXHIBIT "A" FINDINGS AND CONCLUSIONS BACKGROUND FINDINGS FINDING: The purpose of the application is to change the land designation for the subject property to bring it into compliance with the comprehensive plan which requires that the lot be partitioned to correct a potential split zoning situation and allow the lot to the south to be sold. ANNEXATION FINDING: The proposal is to annex 5.19 acres of territory to the City of Woodburn. The subject property is Tax Lot 600, Marion County Assessor's Map 5S, 1W, Section BBC. It abuts the existing city limits on the north, west and east boundaries. See map and legal description included on pages 4 and 5. FINDING: The applicant filed an annexation petition and consent representing all owners. The petition complies with the consent required under ORS Chapter 222, Annexation. STATEWIDE GOALS FINDING: The City of Woodburn has established a land use notification and hearings procedures to assure access by citizens. FINDING: This Goal requires that the City coordinate the annexation application with affected governmental units during amendments to its plan. To the extent that this annexation request constitutes an amendment to the City's Comprehensive Plan, the City will make this land use decision by coordinating with Marion County, the Oregon Department of Transportation, and the Department Land Conservation and Development, as well as other affected governmental entities. FINAL ORDER ANNEXATION 98-04, ZONE MAP AMENDMENT 98-05, MINOR PARTITION 98-09 Page 1 of 6 liB FINDING: No other natural resource issues are apparent for the subject property. FINDING: There are no documented hazards associated with the subject property. The subject property is not within the lO0-year flood plain according to the maps prepared by FEMA. FINDING: The subject property has not been identified by the City as a potential park site for any type of recreational facility.. FINDING: This Goal is implemented by the Transportation Planning Rule. The City of Woodburn has implemented the Transportation Goal and the Transportation Plan Rule through the adoption of an acknowledged Transportation System Plan (TSP) in 1996 (Ordinance 2170). That plan accounts for the development of all the land within the Urban Growth Boundary as depicted by the Woodburn Comprehensive Plan. The TSP fulfills the Transportation Goal through facility plans for streets, bicycles, pedestrians, and transit; implementation priorities and a financing program. The City has established a transportation framework that reflects the annexation and urbanization of the subject property. FINDING: The proposal does not require any changes in the standards that implement the functional classification of streets. WOODBURN COMPREHENSIVE PLAN FINDING: The proposed annexation is consistent with the Woodburn Comprehensive Plan in that it is a proposal to permit the urbanization of the subject property, subject to a concurrent Comprehensive Plan map amendment. There are no County regulations that preclude the proposed annexation. FINDING: The proposed annexation is found to be consistent with the applicable portions of the Woodburn Comprehensive Plan. The proposal is consistent with the Marion County Comprehensive Plan in that the County Plan establishes the Urban Growth Boundary as the area specifically set aside for urbanization after annexation to the City. WOODBURN ZONING ORDINANCE FINAL ORDER ANNEXATION 98-04, ZONE MAP AMENDMENT 98-05, MINOR PARTITION 98-09 Page 2 of 6 liB FINDING: The proposed zone amendments comply with the city's Comprehensive Plan map. MINOR PARTITION FINDING: The Minor Partition is required to preclude a split zoning situation after the annexation of the lot is completed FINDING: The Minor Partition is required to allow the sale of the lot to be partitioned to the south of Mt. Hood Avenue. FINAL ORDER ANNEXATION 98-04, ZONE MAP AMENDMENT 98-05, MINOR PARTITION 98-09 Page 3 of 6 llB MAP ,.,./' .,~'.-" __ ~ ~~.:~.:~::.'. ' ,--' ~ / ,, ::::::::::::::::::::::::::::::::::::::::::::::::::::::: ..-' ======================================================= ~ ~ ~ ~ -' ~ / .s¢ ~5¢~:t I ~ '~ '" ~ -+~* ~ /~' ~~~;~ I'"'"""'"'~'"'"':"':':':':':':';':':~:':':';';'; '~ ~¢~ ~- ~ ~ ' *'""'"'""' ......................... ~1 ¢' ~ .. / ,,,/ / /' z:-:.:.:-:-:-:.:.:-:-:~~ ~, ~ ..~ , ~, ~ ........ .................-.......-.-...-.-~...............-.-~. ,/ .~' ,~?-.-.-.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.'-:- · ~ ........ :..:.-: · ~ / ~ ~.-.-.-.-.-.-.-.-...-.-----.-.-..--.-~:U:~ ~. . ~ ~ ,~ ~................~.... ........... ~~::.F ~t : ~ /.:~ ======================================= ~~ ~/ ~ -,~- - / .~ / ========================================= ~ ~ ..... '~ / ~Y / ~'":'~~k¢~:~l~ ~ 9~~ 'k ,'/~:~" i" /'~, RELOCATED STATE HIGHWAY 214' MT HOOD AVENUE /:..,..:.::.:...~ · / z~ :::::::::::::::::::::::::: '-"-- 03 O0 03 5 FINAL ORDER ANNEXATION 98-04, ZONE MAP AMENDMENT 98-05, MINOR PARTITION 98-09 Page 4 of 6 1lB LEGAL DESCRIPTION Begirming at the most Northerly Northwest comer of Lot 7, Block 1, Walilale Home Tracts in Township 5 South, Range 1 West of the Willamette Meridian in Marion County, Oregon, thence South 40° 48' West 49.90 feet to the most Northerly comer of Lot 8 in said Block; thence South 1° 15' West along the East line of said Lot 8, a distance of 448.14 feet to the Southeast comer thereof; thence North 88° 45' West along the South line of said Lot, 378.91 feet to a point on the Westerly line of said Wall!ale Home Tracts; thence South 400 48' West along said Westerly line 477.18 feet to the most Westerly comer of Lot 4, Block 2 thereof, being in the center of a Creek; thence Northwesterly along the meanders of the center line of said Creek, and the Northerly line of land conveyed to Fred $. Monnier by deed recorded in Volume 224, Page 101, Deed Records for Marion County, Oregon, 224.00 feet to the Easterly line of the Southem Pacific Railroad Company right of way; thence North41° 15'East along the Easterly line of said right of way 885.00 feet, more or less, to a point on the Westerly extension of the North line of said Wall!ale I-Iome Tracts; thence North 89° 41' East 299.00 feet to the place of beginning. SAVE AND EXCEPT: Beginning on the Westerly line of Watilale Home Tracts in Township 5 South, Range 1 West of the Willamette Meridian in Marion County, Oregon, at a point which is 613.01 feet South 40° 48' West from the most Northerly Northwest comer of Lot 7, Block 1 thereof; thence North 88° 45' West 292.05 feet to a point on the Easterly line of the Southe~x~ Pacific Company Railroad right of way; thence South 41° 15' West along the Easterly line of said right of way, 64.68 feet; thence South 88° 45' East, 292.05 feet to a point on the Westerly line of said Walilale Home Tracts; thence North 40° 48' East 64.81 feet to the place of beginning. SAVE AND EXCEPT that portion acquired by the State of Oregon, by .and through its State Itighway Commission for the relocated of State Highway No. 214 by de~ree entered into Marion County Circuit Court, April 17, 1972, Case No. 74662. FINAL ORDER ANNEXATION 98-04, ZONE MAP AMENDMENT 98-05, MINOR PARTITION 98-09 Page 5 of 6 llB EXHIBIT "B" CONDITIONS OF APPROVAL Annexation and Zone Map Amendment 1. Provide Planning Staff with a copy of a detailed description and map of the new boundaries prior to the city council hearing. This will be necessary for the City Recorder. Minor Partition 1. Provide Planning Staff with a plat of the minor partition signed by a registered land surveyor for completion of recording with Marion County. FINAL ORDER ANNEXATION 98-04, ZONE MAP AMENDMENT 98-05, MINOR PARTITION 98-09 Page 6 of 6 14A Community Development 270 Montgomery Street MEMORANDUM Woodburn, Oregon 97071 (503) 982-5246 Date: To: From' Subject: July 22, 1999 Mayor and City Council thru City Administrator Planning Commission Site Plan Review 99-05 Stein Oil Company Located Adjacent to Oil Can Henry's on Highway 214 At their hearing of June 9, 1999 the Planning Commission approved, with conditions, a retail gas station consisting of three gasoline dispensers. The site plan and conditions of approval are attached. CITY OF WOODBURN 270 Montgome~, Street · Woodburn, Oregon 97071 · (503) 982-5222 TDD (503) 982-7433 · FAX (503) 982-5244 14A STAFF REPORT I APPLICANT: II OWNER: III IV SITE PLAN REVIEW 99-05 Stein Oil Company 19805 McLoughlin Blvd. Gladstone, OR 97027 Chris S. Taylor 6910 N. E. 151"t Circle Vancouver, WA 98686 NATURE OF THE APPLICATION: The applicant is requesting approval to construct a retail gas station adjacent to Oil Can Henry's. The facility will consist of four gasoline dispensers and one diesel dispenser. See Attachment A RELEVANT FACTS: The subject site is located at 1754 Mt. Hood Avenue. The property can be specifically identified as Tax Lot 1000, Parcel 2, Marion County Assessor's map T5S, 1VV, Section 8DB. See Attachment B The lot consist of 9,322 sq. ft. The subject property is zoned CG Commercial General - Retail. Gas Stations are allowed as a permitted use. Access to the facility is proposed via the existing driveway approach onto Highway 214 and by way of a reciprocal easement agreement with Bi-Mart. The applicant is responsible for obtaining any permits that may be necessary from DEQ or ODOT. SPR 99-05 - Unocal 76 Station - Z UNDEROROUND TANKS NEW' ISLANI~S &: CANOPY 78.0 o / EASEMENT 14A / / 14A EXHIBIT ~C~ CONDITIONS OF APPROVAL The proposed development shall be in substantial conformance with the preliminary plan. Final plans shall conform to the construction plan review procedures and standards. All work within the State Highway Right-of-Way shall require approval and permit from the Oregon Department of Transportation. All work shall conform to the City of Woodburn standards and all State building codes. Provide staff with the final reciprocal access agreement with the applicable signatures. The approach onto HVVY 214 shall be constructed of concrete to the property line and shall comply with the City of Woodbum's commercial driveway standard. Access permit shall be obtained from ODOT. The City does not have a storm sewer facility adjacent to this development. The applicants options are to utilize ODOT's facility and comply with their permit conditions of approval or through private agreements and easements utilize BI- MART's storm system. On-site detention will be required that conforms to city standards. The applicant shall comply with the landscaping policies and standards. Maintenance: Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead and dying plants shall be replaced by the applicant during the next planting season. No buildings, structures, storage of material, or parking shall be permitted within the required landscape and buffer areas. All landscape and buffer areas shall be maintained and kept free of all debris, weeds and tall grass. The applicant shall show proof of how landscaping is to be maintained and irrigated. The parking area shall be kept free of debris. FINDINGS & CONCLUSIONS - SPR 99-05 - Unocal 76 Page 3 of 4 14A The applicant shall comply with the sign ordinance standards. Any proposed sign will be subject to the sign ordinance standards and will require a permit issued by the Building Official. No signs are allowed within a street right-of-way. Signs that glare, flash, reflect, give the appearance of movement or are moved by normal wind currents are prohibited. No temporary or lawn signs shall be allowed. The applicant shall meet the setback and vision clearance areas provision of the sign ordinance. 10. Compliance with Chapter 8 General Standards: (a) The applicant shall show compliance with Section 8.190 Vision Clearance. 11. On-site construction shall not commence until the improvement plans have been reviewed and approved by the Public Works Department and all right-of-way permits and system development charges have been paid. Refer to Part Two page 9 of the "Standards Document for Site Plan Review". (Randy Scott, Public Works 982-5247) 12. Fire protection shall be as per the Woodburn Fire Districts conditions of approval. 13. Prior to building permit issuance, pay appropriate Systems Development Charges in effect at that time. FINDINGS & CONCLUSIONS - SPR 99-05 - Unocal 76 ])a~c 40~'Jr 14A SITE PLAN REVIEW STEIN OIL COMPANY 1754 MT. HOOD AVENUE Randy Scott Public Works GENERAL CONDITIONS: 1. Final plans shall conform to the construction plan review procedures and standards. All work within the State Highway Right-of-Way shall require approval and permit from the Oregon Department of Transportation. On site existing water wells and subsurface sewage disposal systems shall be abandoned in accordance with State regulations 4. All work shall conform to the City of Woodburn standards and all State building codes. STREET AND DRAINAGE: Access easements will be required from adjacent parcel (Oil Can Henry's) for ingress- egress as proposed. The ingress/egress shown on the plan through Bi-Mart property will require proper access easement, this shall be provided prior to approval of this site-plan action, The approach onto HWY 214 shah be constructed of concrete to property line and shah comply with the City of Woodbum's commercial driveway standard. Access permit modification will be required and shall be obtained from ODOT. The City has no Storm sewer facility adjacent to this development. The applicants is proposing to utilize ODOT facility. The proposal will require private agreements and easements utilize Oil Can Henry's storm system or cross there property. This will also require an additional or modified permit from ODOT to dsicharge into there system. The existing drainage from surrounding properties shah not be blocked by this development. It appears on the plan that the right turning movement proposed for ingrees from HWY 214 for delevery trucks is from the inside traffic lane, crossing/blocking the outside traffic lane, this is not an acceptable movement. This is ODOTS jurisdition, the city does however recommend this be modified. 14A SANITARY SEWER: Sanitary sewer service can be provided from the existing 6" dia. service near the west property line. The applicant will be required to construct a manhole at the end of the 6" service to allow proper access for maintenance. Bi-Mart and Oil Can Henrys complex currently utilize this service, an additional connection justifies the manhole requirement. 2. See waste water comments in regard additional conditions of approval. WATER: Domestic water service can be provided by the existing water main adjacent to HWY 214. also see wastewater comments in regard backflow preventions devices. 2. Fire protection shall be as per the Woodbum Fire Districts conditions of approval. WOODB URN FIRE DISTRICT Pre~ttion Division Site Plan Reriew Comments 14A Memo To: Steve Goeckritz, Planner City of Woodburn From: Robert Benck Fire Marshal Date: 05-20-99 Facility/Project Name: Unocal 76 Stein Oil Co. Location: 1700 Block Mt. Hood Ave. Occupancy Class: S-37 A. Access: 1. Exterior of Facility: Dfiveable access to within 150 feet of all sides of all structures. Aec, ess ways over 150 feet in length must provide turn around location./vfinimum access width is 20 feet. Access way must be maintained free of obstructions. 2. To Interior of Facility: Information not provided B. Building Exit System: Issues to be addressed to City Building Department for Fire & Life Safety Plans Review. 1. Occupant Load: 2. Number of Exits: 3. Exit Hardware: 4. Exit Signage: 5. Emergency Lighting: C. Fire flo~v/ Water Supply: Type II-N Construction 1,500 gpm. D. Hydrants: One hydrant within 250 feet. E. Sprinkler/FDC: Not required F. Alarm System: NA G. Premise Identification: Address should be included in Signage of property and meet city requirements. If'this property is not associated with Oil Can Henry's it should have its Own address. H. Special Occupancy Requirements: Fire extinguishers will be required, minimum size 20BC for fuel islands; 2A10BC for office. Special requiremems for underground fuel storage tanks. All DEQ permits, all tanks and lines subject to pressure test must be observed by Fire District. See attached Plans review checklist. L Building Size & Limitations/Type of Construction: Within limits J. Fire and Life Safety Review Requirement: By City of Woodbum Building Official. K. Special Comments: An onsite water supply system must be available, operational and acceptable to the city prior to the construction of combustible buildings. Access during construction must support the weight of Fire Apparatus and allow access to fae'flity. COMPLIANCE VOTH THESE REQUIREMENTS DOES NOT CONS'III'UTE PERMISSION TO BUIlJ~. BUll,DING PERMITS AND PLANS REVIEWS BY TH'E APPROPRIATE BUILDING OFFICIAL IS REQUIRED. PERMITS AND APPROVED PLANS MUST BE ONSITE DURING CONSTRUCTION. 14A IYOODBURN FIRE DISTRICT 1776 ~Vewberg Hwy. iIfoodburn, OR. 97071 (503) 982-2360 Fax (503) 981-5004 Oregon May 27, 1999 Department of Transportation District 3 885 Airport Road Salem, OR 97310 (503) 986-2874 [:AX (503) 986-2881 FII.E CC)I)E Mr. Steve Goeckritz Community Development Director' City of Woodburn 270 Montgomery Street Woodburn, OR 97071 SUB3ECT: Site Plan Review- Stein Oil Company Thank you for notifying the Oregon Department of Transportation (ODOT) of the land use action identified above. The purpose of this letter is to inform you that ODOT has concerns about this proposed project and its potential impacts to area transportation facilities. The proposed project is the construction of a new retail gas station on Highway 214 near its intersection with Highway 99E. The proposed gas station is adjacent to the existing Oil Can Henry's and would share the access to Highway 214 currently in place for that use. The applicant has proposed modifications to the access necessary to accommodate both uses. The proposed modifications are generally acceptable, but will require further detailed review prior to installation. Therefore, ODOT requests that the a condition be applied to the site plan requiring that the applicant apply for and obtain a new or amended approach road permit from ODOT prior to the issuance of a certificate of use and occupancy (or the City's equivalent) for the project. The City or applicant may contact Rich Krog, District 3 Permit Specialist at 986-5776, regarding the process for obtaining the permit. 14A This letter should be included in the record as ODOT testimony. ODOT should be considered a party to the hearing and be entitled to notices of future hearings, or hearing continuances or extensions. Please provide me with a copy of the city's decision, including findings and conclusions. District 3 Assistant Manager DJ:s~m 14A Building Department Comments Unocal 76 Station 1754 Mt. Hood Av. Woodbum, Or The following will need to be addressed; 1. Out buildings less than 20 feet to property lines shall with constructed of one hour fire resistive walls. 2. ADA parking and an accessible route to cashier shall be on plans 3. All permits and fees (i.e. building, electrical, plumbing etc.) shall be obtained and paid prior to start of project. 4. All other comments shall be reserved for plan review. c:\corelwor&rnyfiles\unocal Oregon in&.' i!,~, ,-~ 4. :. vt' <' DATE: July 19, 1999 TO: FROM[: SUBJECT: Department of Human Resources Mental Health and Devdopme~tal Disability Services Division 2575 Bittern Street NE John C. Brown, City Administrator City of Woodburn James Toews Assistant Administra~ Office of Developmental Disability ~e~ces Wilson Street home Salem OR 97310-0520 (503) 945-9499 FAX 378-3796 TTY 945-9836 You have requested that th.is office provide information concerning the group home planned for Woodburn by the Office of Developmental Disability Services. While I cannot legally give personal information concerning the individuals who are moving there, or their specific disabilities, I cm~ give you some general inforrnation concerning the project. The home is planned for four women with developmental disabilities who are now residents of Fairview Training Center. The most common developmental disability is mental retardation, though they may have cerebral palsy, epilepsy, or other physical disabilities requiring support to live successfxdly in the community. This will be the permanent home for these persons, and they expect to live there indefinitely. Very little turnover is likely to occur in this pro,re'am. The residents will receive 24 hour residential support from Mt. Angel Training Center, a private non-profit agency with a long h/story of providing quality services to persons with disabilities. They will continue that tradition here. Their staffis anxious to develop positive relationships in the community, and be good neighbors. Mt. Angel will provide phone numbers of the house manager and prog-rmn director to the neighbors in order to promptly address an), problems that may arise. The home will be licensed by the Office of Developmental Disability Services according to rules for progra, ms that provide 24 hour residential support, All the residents will have jobs in the Woodburn area, and I'm sure contribute to the quality of life in your city. You related concerns about neighborhood safety in the meeting with Gerald Stolp and Roy Olson. These four indMduals present no threat to community safety. They do not have criminal records, are not sex offenders, and are not temporary or "transient" occupants of the home. They and their families hope that this wilI be their permanent home, and that they will many friends in the community. Their needs are not unlike other persons with disabilities who already live in the Woodburn area. I hope this infonna.tion is useful in your attempts to address some evident misunderstandings about tlzis home. Representatives of this office are available to meet with neighbors on request. You may contact Gerald Stolp (503-945-9785) or Marylee Fay (503-945-9787) if you have further questions. Assi.<.ting People to Become [ndepe;-tdent, Healthy anti An EquaI Opportunity Employer 14B Community Development 270 Montgomery Street MEMORANDUM Woodburn, Oregon 9707'1 (503) 982-5246 Date' To: From: Subject: July 22, 1999 Mayor and City Council thru City Administrator¢ ' Planning Commission Site Plan Review 98-15, Property Line Adjustment 99-01 At their meeting of July 8, 1999 the Planning Commission acknowledged Administrative approval of a 3,111 square foot group care facility. That Staff Report is attached. CITY OF WOODBURN 270 Montgomery Street · Woodburn, Oregon 97071 · (503) 982-5222 TDD (503) 982-7433 · FAX (503) 982-5244 14B STAFF REPORT I APPLICANT: III IV SITE PLAN REVIEW 99-15 PROPERTY LINE ADJUSTMENT 99-01 Oregon Rehabilitation Housing Association Grant West/ORHA Executive Director 1655 SE 25th Salem, OR OWNER: same NATURE OF THE APPLICATION: The applicant is requesting administrative approval to vacate a property line to combine two parcels into one to accommodate a 3,111 square foot group care facility. See Attachments I and I1. RELEVANT FACTS: The property is currently zoned RS-Single Family Residential. Group care facilities are a permitted outright use in this zone. The group care facility will house five adults. The structure is a single family dwelling. See Attachment II1. The subject site fronts on Wilson Street directly across from Marshall Street. The property consist of two lots. The property can be identified specifically on Marion County Assessor Map Township 5 South, Range 1 West, Section 18DB. RELEVANT APPROVAL CRITERIA AND FINDINGS: A. Woodburn Comprehensive Plan Bo Woodburn Zoning Ordinance Chapter 2 Administration of the Ordinance Chapter 5 Permits and Enforcement SPR99-15, PLA 99-01 -Page 1 of 4 14B Chapter 6 Planning Commission Chapter 8 General Standards Chapter 9 Residential Standards Chapter 10 Off-Street Parking, Loading and Driveway Standards Chapter 11 Site Plan Review Chapter 22 RS - Single Family Residential District A. Woodburn Comprehensive Plan: STAFF COMMENT: Applicable goals and policies have been met through the implementing ordinances of the adopted Subdivision Standards, Zoning Ordinance and other ordinances in affect at the time of approval. B. Woodburn Subdivision Standards Chapter III, Section 9 A. Plans for property line adjustments shall include the following information: 1. Vicinity Map 2. Legal description of the property 3. Map indicating cleady the proposed property line adjustment 4. Diagram of all public and private utilities 5. Any other information so required by the planning staff. STAFF COMMENT: The applicant has submitted sufficient information as per Section 9 of the Subdivision Standards. C. Woodbum Zoning Ordinance: Chapter 8 General Standards Section 8.140. No Parking in Front Yard or Landscaped Areas. No parking shall be allowed exclusive of driveways within the required front yard area. The side yard an rear yard areas may be used for parking of vehicles unless otherwise prohibited by this Ordinance. The yard areas and driveways adjacent to a street shall not be used for the permanent storage of utility trailers, boats or other similar vehicles. STAFF COMMENT: Six parking spaces are provided that are positioned on the rear portion of the property. Chapter 9 Residential Standards Section 9.020. Lot Coverage by All Accessory Structures. The lot coverage by all accessory structures, except fences in connection with uses in an RS, RIS, and RD district shall not be more than 25 percent of the rear SPR99-15, PLA 99-01 - Page 2 of 4 · 14B year area. STAFF COMMENT: The property at the time the lot line is vacated will consist of 30,754 square feet. The structures footprint consist of 3,111 square feet or covers 10 percent of the lots surface. Chapter 10 Off Street Parking, Loading, and Driveway Standards STAFF COMMENT: Single family structures which this is i.e. five bedrooms with one kitchen are exempt from the parking and loading standards. However, the applicant is providing for 6 paved parking spaces. Chapter 22 RS Single Family Residential District Section 22.010 Use. (e) Group Homes as defined in Section 1.256 Section 1.256. Group Home. A residence for five or fewer unrelated persons who are elderly, or physically or mentally handicapped, and for staff persons who need not be related to each other or to any other home resident. STAFF COMMENT: The use is permitted outright as per the City's Woodburn Zoning Ordinance and HUD Statutes. Section 11.070. Criteria for Evaluating a Site Plan. The following criteria shall be used in evaluating a Site Plan: (a) The placement of structures on the property shall minimize adverse impact on adjacent uses. STAFF COMMENT: All setback standards for the placement of this resident exceed standards. (b) Landscaping shall e used to minimize impact on adjacent uses. STAFF COMMENT: The applicant has taken an extra effort to landscape the property so that it meets commercial landscape standards. (c) Landscaping shall be so located as to maximize its aesthetic value. STAFF COMMENT: The landscaping standards are met. (d) Access to the public streets shall minimize the impact of traffic patterns. Wherever possible, direct driveway access shall not be allowed to arterial streets. Wherever possible, access shall be SPR 99-15, PLA 99-01 - Page 3 of 4 ' 14B V shared with adjacent uses of the similar nature. STAFF COMMENT: Driveway access is 24 feet wide which meets standard. (e) The design of the drainage facilities shall minimize the impact on the City's or other public agencies drainage facilities. STAFF COMMENT: The applicant will be required to direct storm drainage to the street. (0 The design encourages energy conservation, both in its siting on the lot, and its accommodation of pedestrian and bicycle traffic. STAFF COMMENT: The structure is designed to meet energy building codes. (g) The proposed site development, including the architecture, landscaping and graphic design, is in conformity with the site development requirements of this Ordinance and with the standards of this and other ordinances insofar as the location and appearance of the proposed development are involved. STAFF COMMENT: The applicants proposal meets the standards required by the Woodburn Zoning Ordinance. (h) The location, design, color and materials of the extedor of all structures and signs are compatible with the proposed development and appropriate to the character of the immediate neighborhood. STAFF COMMENT: The structure maintains the appearance of a single family dwelling. DECISION: Based on the findings in this report, administrative approval of this application is granted, subject to the following conditions: The applicant shall be subject to meeting all improvements as shown on the submitted site plan dated June 9, 1999 (SPI) The applicant shall submit a copy of the survey and plat map indicating the vacated property line to the Planning Department prior to recordation with Marion County. The final plat shall be approved by the Community Development Director and approved and recorded with Marion County. 3. Meet all Building and Fire Codes. Following recordation with Marion County, provide (2) two copies of the final plat to the planning department. SPR 99-15, PLA 99-01 - Page 4 of 4 N CALE l" = 20' PARCEL 3 24' PARCEL 2 ATTACHMENT I 14B 14B 30' ATTACHMENT II 14B ATTACHMENT III