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Agenda - 05/10/1999 CITY COUNCIL AGENDA MAY 10, ! 999 - T:O0 P.M. 270 Montgomery Street * * Woodburn, Oregon o o C.ALI. TO ORDER AND FLAG SALUTI~. ROLL C~LI. ANNOUNCF. MENTS AND APPOINTMENTS A. Budget Committee workshop - May 15, 1999, 9:00 am at City Hall B. Public Hearing: Woodburn Operating Budget for 1999 - 2000 - May 17, 1999 at 7:00 p.m. at City Hall. C. Woodburn Household Hazardous Waste Free Collection - Saturday May 22, 1999 - 10:00 am - 4:00 pm at Wal-Mart parking lot ............ ~ .~ ?.-:-:~.:.: ;->:<.:.:~:~..<.~::~ ~::::::'.2:~:~ :::::~:]:!~:~:~:~:! D. IAvability Task Force Steering Committee .......................... pBF. SENTATIONS/PROCLAMATIONS ~.~::::~.<t~.::::>.~ ~:~ ~.~?.=::~.~ ~.~ ~:'~ Woodburn Unified School District. B. VISIT representative concerning Silver Creek Falls Scenic Tour Designation. C. Police Week - May 9 - 15, 1999 .................................. D. Public Works Week - May 17 - 21, 1999 ........................... COMMrITEE REPORTS A. Chamber of Commerce. B. Woodburn Downtown Association. COMMUNICATIONS.. BUSINESS FROM THE PUBLIC... (This allows the public to introduce items for Council consideration not already scheduled on the agenda.) CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. 3C 3D 4C 4D Approve Council minutes of April 26, 1999 ......................... 8A Accept Planning Commission minutes of April 22, 1999 ................. 8B Accept Park Board mlnutes of April 13, 1999 ........................ 8C Page 1 - Agenda, Woodbum City Council of May 10, 1999. o 11. 12. 13. 14. 15. 16. 17. 18. D. Accept Library Board minutes of April 28, 1999 ...................... 8D E. Accept Human Rights Commission minutes of March 4, 1999 ............ 8E F. Approve claims for the month of April 1999 ......................... 8F G. Receive Police Department Activity Report for March 1999 ............. 8G H. Receive Public Works Week program .............................. 8H TABLED BUSINESS GENERAL BUSINESS A. Council Bill 1962 - Resolution entering into an agreement for labor relations services ........................................... Be IOA Council Bill 1963 - Resolution approving installation of stop signs in the Ironwood at Tukwila Subdivision ............................. 10B Request to review and reopen consideration of Boones Crossing PUD .... 10C Contract award: emergency repair of pump for Centennial Well ........ 1OD Cost sharing agreement for Amey Road and Hwy 219 traffic signal improvements ............................................... 10E Review of options on Montebello Subdivision ....................... 10F PUBLIC HEARINGS A. Zone Map Amendment 99-01, Site Plan Review 99-02: Duplex located near intersection of Young and Gatch Streets. (To be continued to 5-24-99) B. Woodburn Company Stores: Annexation 98-03, Plan Map Amendment 98-02, Zone Change 98-04. (Information provided under separate cover). PUBLIC COMMENT NEW BUSINESS SITE PLAN ACTIONS A. Appeal of Site Plan Review 99-01 - Woodburn Veterinary Clinic ........ 14A crrY ADMINISTRATOR'S REPORT MAYOR AND COUNCIL REPORTS EXECIYrlVE SESSION (A) To conduct deliberations with persons designated by the governing body to carry on labor negotiation, under authority of ORS 192.660(1)(d); CB) To consider records that are exempt by law from public inspection, under authority of ORS 192.660(1)(0, and (C) To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed, under authority of ORS 192.660(1)(h). Page 2 - Agenda, Woodbum City Council of May 10, 1999. MEMO TO: FROM: City Council through City Administrator Public Works Program Manager ,~~~- SUBJECT: Household Hazardous Waste Collection Event DATE: May 5, 1999 As a part of Public Works Week, the Public Works Department is sponsoring a household hazardous waste collection event in coordination with the Department of Environmental Quality (DEQ), United Disposal Service and Wal-Mart. The event will take place on Saturday, May 22, 1999 from 10 AM to 4 PM at the Wal-Mart parking lot. The event on Saturday is intended for residential household hazardous waste only. Commercial firms and businesses will be able to drop off hazardous material by appointment on the Friday afternoon prior to the household collection event. A flyer is being sent to all city residents with their utility bills as part of the current billing cycle. The event will also be publicized and is open to all area residents and there will be no charge for the disposal. Items that should be brought to the event include yard and garden chemicals, paint products (will be recycled), automotive products, household cleaners, solvents and used batteries (also will be recycled). These events are funded by DEQ and Woodburn hosted one several years ago. The city was one of a limited number of sites selected by DEQ for this years program at the request of Public Works. All city residents should be encouraged to participate in this opportunity to dispose of these hazardous materials. Proper disposal will ensure that these materials are not released improperly and prevent potential environmental pollution. 3C WOODBURN'S BRING: COLLECTION EVENT FREE Saturday May 22, 1999 * YARD & GARDEN CHEMICALS * PAINT PRODUCTS * AUTOMOTIVE PRODUCTS * HOUSEHOLD CLEANERS * SOLVENTS * USED BATFERIES DO NOT BRING: * RADIOACTIVE MATERIALS * EXPLOSIVES * MEDICAL WASTES * TIRES * INDUSTRIAL OR COMMERCIAL WASTE ( APPLICATION ONLY) HOW TO TRANSFER YOUR WASTE: * LEAVE PRODUCTS IN ORIGINAL CONTAINERS * PACK HOUSEHOLD WASTE IN CARDBOARD BOXES SO THEY DON'T TIP OVER * TRANSPORT TO COLLECTION SITE IN CAR TRUNK OR TRUCK BED DON'T MISS THIS FREE EVENT !!!!! AT THE WOODBURN WAI.,-MART PARKING LOT SATURDAY MAY 22, 1999 I~ROM 10:00AM TO 4:00PM FOR MORE INFORMATION CALL 982-5280 SPONSORED BY OREGON DEQ , WOODBLJRN PUBLIC WORKS , WAL-MART & UNITED DISPOSAL SERVICE CITY OF WOODBURN 270 Montgomery Street · Wcxx:lbum, Oregon 97071 · (503) 982-5922 TDD (503) 982-7433 · FAX (503) 982-5244 :iD Subject: Livability Task Force Steering Committee From: Mayor, City of Woodbum To: Councilors, City of Woodbum The following appointments are announced for the Livability Task Fqrce Steering Committee. I will be asking for Council approval at the 10 May Council meeting. If there are any valid objections to the appointments please contact me. Feel free to call me at home 981-5372 anytime. Nancy Kirksey Jo Ann Bjelland Mike Bergeron Jane Christoff Pete McCallum Hazel Smith Thank You City of Woodbum CITY OF WOODBURN 270 Montgomery Street · Woodburn, Oregon 97071 · (503) 982-5222 TDD (503) 982-7433 · FAX (503) 982-5244 PROCLAMATION 4C for 'POLICE WEEK Whereas, The Congress of the United States of America has designated the week of May 9th to be dedicated as "National Police Week" and May 15th of each year to be "Police Memorial Day", and Whereas, The law enforcement officers are our guardians of life and property, defenders of the individual right to be free men and women, warriors in the war against crime and dedicated to the preservation of life, liberty and the pursuit of happiness, and Whereas, The City of Woodburn desires to honor the valor, service and dedication of its own police officers, and Whereas, it is known that every two days an American Police Officer will be killed in the line of duty somewhere in the United States and 136 officers will be seriously assaulted in the performance of their duties, our community joins with other cities and towns to honor all peace officers everywhere, Therefore, I, Richard Jennings, Mayor of the City of Woodburn, do hereby proclaim the week of May 9 to May 15th to be Police Week and call upon all our citizens in this community to especially honor and show our sincere appreciation for the police officers of this city by deed, remark and attitude. I call upon all our citizens to make every effort to express their thanks to our men and women who make it possible for us to leave our homes and family in safety each day and to return to our homes knowing they are protected by men and women willing to sacrifice their lives if necessary, to guard our loved ones, property and government against all who would violate the law. Ri[hard Jennihg~ayor t5 z]-,gq-qq Date CITY O.F WOO 270 Montsom¢o/Street Woodbum, Oreson 97071 TDD (503) 982-7433 · FAX (503) 982-5244 DBURN (503) 982-522<2 4D PROCLAMATION FOR Public Works Week in Woodburn WHEREAS, public works services provided in our community are an integral and necessary part of our citizens' everyday lives; and WHEREAS, the health, safety, comfort and economic vitality of this community greatly depend on the facilities and services such as water, wastewater and other waste collection and disposal, streets, transportation, etc.; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction are vitally dependent upon the efforts and skills of the public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments are materially influenced by the people's attitude and understanding of the importance of the work they perform; NOW THEREFORE BE ITRESOL FED, that I, Richard Jennings, Mayor of the City of Woodburn, Oregon, do hereby proclaim May 17-21, 1999 as "PUBLIC WORKS WEEK" in Woodbum, Oregon, and call upon all citizens and civil organizations to acquaint themselves with the problems involved in providing our public works and to recognize the contributions that public works officials make every day to our health, safety and comfort. P~hard Jenni~(~ COUNCIL MEETING MINUTES APRIL 26, 1999 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, APRIL 26, 1999. CONVENED. The meeting convened at 7:00 p.m. with Council President Figley presiding. 0005 ROLL CALL. Mayor Jennings Absent Councilor Bjelland Present Councilor Chadwick Present Councilor Figley Present Councilor Kilmurray Present Councilor Pugh Present Councilor Sifuentez Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwaxi, Public Works Manager Rohman, Community Development Director Goeckritz, Park & Recreation Director Westrick, Police Chief Wright, Finance Director Gillespie, Management Analyst Smith, City Recorder Tennant .0027 ANNOUNCEMENTS. A) Budget Committee Meeting: The next workshop will be held on Monday, May 3, 1999, 7:00 p.m., in the City Hall Council Chambers. B) Surplus Property Auction: An auction of surplus City property will be held on Thursday, May 6, 1999, 7:00 p.m., in the City Hall Council Chambers. C) Public Hearing - Woodburn Company Stores: On Monday, May 10, 1999, 7:00 p.m., the City Council will hold a public hearing on the annexation, comprehensive plan map amendment, and zone change application submitted by Woodburn Company Stores. D) Public Hearing: On Monday, May 10, 1999, 7:00 p.m., the City Council will hold a public hearing on a zone change and site plan review application for a proposed duplex at Gatch and Young Streets. E) Public Meeting - Highway 214 Alternatives Analysis: On May 13, 1999, a public meeting will be held at the Senior Estates Clubhouse between 3:00 pm and 8:00 pm to receive input on the Highway 214 Alternatives Analysis study being conducted by the City. F) Centennial Park work party: Volunteers to assist with the assembly of playground equipment and other miscellaneous projects are needed at the park on Saturday, May 15th, 1999, beginning at 9:00 a.m.. 8A Page I - Council Meeting Minutes, April 26, 1999 COUNCIL MEETING MINUTES APRHJ 26, 1999 TAPE READING 0061 PROCLAMATION: CINCO DE MAYO CELEBRATION DAY. Council President Figley read the Mayor's proclamation declaring May 5, 1999 as Cinco de Mayo Celebration Day in Woodbum and encouraged our local residents to join in the observance of this day. 0113 CHAMBER OF COMMERCE REPORT. Jane Kanz, Chamber Executive Director, stated that the Tulip Festival is nearing completion and the Chamber will be looking into replacing the banners for next year. This year's T-shirts are still being sold at the Chamber office. Upcoming events in May include: 1) Business after Hours - SilverCreek Assisted Living will host this event on May 13~ at 4:30 p.m.; and 2) Business after Hours will be held on May 27th, 4:30 p.m., at the Woodburn Aquatic Center. The Chamber has received many positive comments on the "Welcome to Woodbum" sign which was installed last month. They will soon begin raising funds for the second sign with a location yet to be determined. The Chamber is also trying to assist individuals and businesses associated with the Factory Outlet stores in relocating to our community. Lastly, the Chamber hopes to initiate some sort of a Berry Festival starting on a smaller scale and build up to larger events in the future. 0200 CENTENNIAL PARK COMMITTEE. Council President Figley stated that the Park now has paved surfaces and 24 trees have been planted. On May 15z, volunteers are needed to help plant smaller trees, install playground equipment, and assist with work on the flagpole and landscape. Eventually, a memorial will be placed near the flagpole in memory of all of the Woodbum residents who have given their life in the service of their country. 0235 LETTER FROM PORTLAND GENERAL ELECTRIC RE: Y2K READINF~qS. In a letter from PGE, they state that they are doing some final testing of their systems and do not anticipate any problems at the start of the new year. LETTER RE: BOONES CROSSING PUD APPLICATION. Attorney Shields acknowledged receipt of a letter addressed to Councilor Sifuentez, dated April 18, 1999, from Bert Gottsacker. He stated that he had intercepted the letter which relates to the Boones Crossing land use approval. At the last meeting, the Council voted for staff to present an ordinance. Since the Council has taken a vote on a tentative action, they are mid-process and he advised the Council not to consider this letter or to consider any other testimony since the hearing is closed and final action has not been taken. Page 2 - Council Meeting Minutes, April 26, 1999 8A COUNCIL MEETING MINUTES APRIL 26, 1999 TAPE READING 0282 CONSENT AGENDA. Council President Figley stated that she was removing item 8E from the Consent Agenda for the purpose of allowing Director Westrick to discuss this issue with the Council. Items before the Council on the consent agenda arc as follows: A) Approval of regular and executive session Council minutes of April 12, 1999; B) Acceptance of the Planning Commission minutes of April 8, 1999; C) Acceptance of the Museum Board minutes of April 14, 1999; and D) Receipt of a report on a donation of surplus steel poles. PUGH/KILMURRAY .... approve the consent agenda as presented. Councilor Bjelland requested that the Council minutes of April 12th, tape reading 0200, be corrected to state that Richard Bjelland was appointed to serve as the Woodbum City Council representative on the County-wide Urban Growth Management Project Stakeholders Committee. The motion passed unanimously as corrected. 0342 REQUEST TO ENDORSE LETTER SUPPORTING HR 3588 RE: FUNDING FOR AT-RISK YOUTH. Director Westrick stated that House Bill 3588 seeks to fund after school programs such as the City's Drop-In Center program through a cigarette tax increase. His department has been asked by the League of Oregon Cities to testify before the Revenue Committee to tell about the City's program. He requested City Council endorsement of his department's activity in this legislative pursuit. If this bill is approved by the legislature, it is anticipated that the City could receive as much as $108,000 for new after-school programs. BJELLAND/PUGH... endorse the efforts of the Parks & Recreation department and to give positive testimony to the Revenue Committee. The motion passed unanimously. COUNCIL BILL 1959 - ORDINANCE ANNEXING 10 ACRES LOCATED NORTH OF VANDERBECK LANE AND W-EST OF BOONES FERRY RD., AMENDING THE ZONE MAP, AND APPROVING TI-IF~ PRELIMINARY PLOT PLAN (HERITAGE PARK MEADOWS - PHASE V). Council Bill 1959 was introduced by Councilor Chadwick. The two readings of the bill were read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Council President Figley declared Council Bill 1959 duly passed with the emergency clause. 0501 COUNCIL BILL 1960- ORDINANCE CHANGING THE ZONING .DESIGNATION PROPERTY LOCATED AT 1310 & 1340 HIGHWAY 99E FROM ScIoNG .L,E FAMILY RI~-SIDENTIAL (RS) TO COMMERCIAL RETAIl. (CR). uncimr Chadwick introduced Council Bill 1960. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll Page 3 - Council Meeting Minutes, April 26, 1999 8A COUNCIL MEETING MINUTES APRIL 26, 1999 TAPE READING call vote for final passage, the bill passed unanimously. Council President Figley declared Council Bill 1960 duly passed with the emergency clause. 0543 COUNCIL BILL 1961 - RESOLUTION ENTERING INTO AN AGREEMENT WITH IRA GORDON ET AL FOR LEASE OF PREMISES FOR A POLICE SUB- 0612 0678 STATION AT MALL 99. Council Bill 1961 was introduced by Councilor Chadwick. The bill was read by title only since there were no objections from the Council. Administrator Brown stated that on page 11, Section 14.1 of the lease document, the reference to 36-months should read 60-months. Additionally, the monthly amount of $803.25 is correct however, the total is $48,206.36 rather than $28,917.00. On roll call vote for final passage, the bill passed unanimously. Council President Figley declared Council Bill 1961 duly passed. CONTRACT AWARD: SEWER LINE INSPECTION CAMERA. Bids for an inspection camera were received from the following vendors: CCV Engineering & Mfg. Co., $15,045.00; Enviro-Clean, $16,450.00; Telespector Corporation, $16,900.00; and Gelco Distributing, $18,650.00. Staff recommended that the low bid from CCV Engineering & Mfg. Co. be rejected since the equipment is not in compliance with City specifications in several areas. The second low bidder, Enviro-Clean, did submit a bid that was in compliance with specifications and staff is recommending that the Council award the bid to that firm. PUGHJSIFUENTEZ .... award contract to Enviro-Clean in the amount of $16,450.00 for a Multi-Conductor Pan and Tilt Inspection Camera. The motion passed unanimously. PUGH/SIFUENTEZ... reject the low bid from CCV Engineering & Mfg. Co. for not being in substantial conformance with specifications and to award the contract to the second low bid from Enviro-Clean for the Pan and Tilt Inspection Camera in the amount of $16,450.00. The motion passed unanimously. CONTRACT AWARD: HYDRAULIC TRUCK CONVEYOR. Bids for a hydraulic track conveyor to be attached to a dump truck were received from the following vendors: Northwest Truckstell Sales, Inc., $12,267.00; and Pioneer Truck Sales, $14,078.00. KILMURRAY/PUGH... award contract for a hydraulic truck conveyor to Northwest Truckstell Sales, Inc. for $12,267.00. The motion passed unanimously. 0693 ACCEPTANCE OF UTILITY EASEMENT: E. LINCOLN STREET NEAR HIGHWAY 99E. Staff recommended the acceptance of the utility easement for the installation of a sanitary Page 4 - Council Meeting Minutes, April 26, 1999 8A COUNCIL MEETING MINUTES APRIL 26, 1999 TAPE READING sewer line in conjunction with the Country Side Living Care Facility located at 1605 E. Lincoln Street. BJELLAND/KILMURRAY .... accept the utility easement from Marc and Gayle Stout as described in Attachment C of the agenda packet. The motion passed unanimously. 0708 RIGHT-OF-WAY DEDICATION: SETTLEMIER AVENUE. Staff recommended the acceptance of the right-of-way from Ksenia Shimalin which will allow for the placement of a bikelane/sidewalk in conjunction with the Settlemier Ave./Railroad Crossing improvement project. PUGH/BJELLAND... accept the recommendation of accepting the right-of-way as described in Attachment C of the agenda packet. The motion passed unanimously. 0730 BID AWARD: ASBESTOS ABATEMENT. Bids for asbestos abatement in the City's annex building, 190 Garfield Street, were received from the following contractors: Insulation Removal Corporation, $5,860.00; Rose City Contracting, $6,891.00; Keystone Contracting, $9,300.00; Lincoln Christi Inc., $9,814.00; and Global, $12,920.00. PUGH/KILMURRAY .... award the contract for the abatement of the asbestos hazard in the City's annex building to Insulation Removal Corp. in the amount of $5,680.00. The motion passed unanimously. 0770 REQUEST FOR USE OF SOUND AMPLIFICATION EQUIPMENT. A request was submitted by Salvador Larios for permission to use sound amplification equipment on May 9, 1999, between 12:00 noon and 4:00 p.m., as part of a Mother's Day celebration being held at his business located at 320 N. Pacific Highway. Staff recommended approval of the request. SIFUENTEZ/BJELLAND... grant the request and authorize issuance of a sound amplification permit to Salvador Larios for May 9, 1999. The motion passed unanimously. 0790 CITY ADMINISTRATOR'S REPORT. A) Montebello Subdivision Status Report: Administrator Brown stated that staff has met with the residents of Columbia Drive and the developer regarding the 100' strip of City right-of-way. A staff report with alternatives will be submitted to the Council at their May 10t~ meeting. B) Highway 214 Widening Status Report: The City has received an endorsement from the Mid-Willamette Valley Area Transportation Commission supporting the Highway 214 widening project as part of a package that they were forwarding to the Oregon Transportation Commission. Personal contacts have been made with our State legislators to request their assistance in making contact with Oregon Transportation Commission Page 5 - Council Meeting Minutes, April 26, 1999 COUNCIL MEETING MINUTES APRIL 26, 1999 TAPE READING representatives and to attend the hearing in which the draft STIP (Statewide Transportation Improvement Plan) will be discussed before the Transportation Commission. Favorable commitments have been made by the legislators to assist the City in pursuing the inclusion of our project on the STIP. 0870 MAYOR AND COUNCIL REPORTS. Councilor Pugh expressed his excitement on the possibility of having the Highway 214 widening project on the STIP and the potential support at the state level. He complimented the Administrator on his handling of this situation and the Mayor for his efforts to move this project forward. Councilor Chadwick stated that she had enjoyed the Mayor's Prayer Breakfast held last week. She thanked the Parks Department for the installation of the signs at the Senior Estates Park and requested that a garbage can be placed in the picnic area of the park. Councilor Chadwick also stated that she had received a letter from Mr. George Steffensen in regards to Hillyer's Ford presentation to the Senior Estates Board on development of property adjacent to Senior Estates as a used car lot. Attorney Shields stated that he did not know if a specific land use application had been submitted, however, since it could be a land use matter either before the Planning Commission or eventually the Council, he took custody of the letter before it was read. He reminded the Council that communications on land use issues need to be brought forth during the public hearing process. He stated that if a public hearing is held, the letters (one each addressed to Majorie Thompson, Mary Chadwick, and Barbara Lucas) would be entered into the record. Council President Figley reminded the public that, where land use issues are involved, the Council needs to follow specific rules to meet legal requirements. O94O ADJOURNMENT. PUGH/SIFUENTEZ .... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 7:35 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 6 - Council Meeting Minutes, April 26, 1999 WOODBURN PLANNING COMMISSION April 22, 1999 CONVENED The Planning Commission met in regular session Chairperson Young presiding. at 7:00 p.m. with ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Young P Cox P Will P Lawson A Gunderson P Lima P Mill A Bandelow P Lonergan P Staff Present: Steve Goeckritz, Community Development Director Nancy DeVault, Secretary Staff reported that Commissioner Mill is off on assignment. MINUTES Vice Chairperson Cox referred to page 4 of the minutes and requested correction be made to indicate shrubbery bushes and trees not strawberry bushes and trees. He also pointed to page 5, second paragraph from the bottom and said that the word Chapters is the wrong word but he added that he did not know what the right word would be. Commissioner Will moved to approve the April 8, 1999 minutes with the noted changes. Commissioner Lima seconded the motion. Motion carried. INTRODUCTION OF NEW PLANNING COMMISSION MEMBERS Staff informed the Commission that some of the new Commission members are long standing residents of our community. He added that Frank Lonergan has also served on the Park Board and several other committees. Staff also stated that Ellen Bandelow is in real estate and has lived in the community for a few years and owns a home in Henry's Farm subdivision. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS None PUBLIC HEARING A.~. Comprehensive Plan 99-01 and Zoning Ordinance Annexation Goals Policies, Standards and Criteria 99-01; Growth and 8B Planning Commission Meeting - April 22, 1999 Pa~e 1 of 10 Staff explained that the ORS 197 statement did not have to be read tonight since this is a legislative procedure and not quasi-judicial. Staff informed the Commission that Part I of the proposal deals with the Comprehensive Growth Plan Policies the City Council requested the Planning Staff and Planning Commission review. He added that Part II, Standards and Criteria format contained in the packet will be modified once the criteria are incorporated into an ordinance. Questions Staff referred to page 4, item L10 and stated that because the PUD zone has so much flexibility we can provide a mix of different uses that we believe compliments that development. He added that it does not have to be a PUD and that it can be a Subdivision but we certainly encourage a PUD if it is of adequate size (3 acres or more). Chairperson Young made reference to page 4, item L12 and questioned Staff whether we would discourage too many of the same types of industries and try to encourage somebody else to come in and take that usable area? Staff replied that he did not think that if a use is allowed in an industrial zone that you can stop that type of industry from locating as long as they meet the conditions. He added that we do not have that kind of latitude to deny development unless there are problems with it, i.e. heavy water user. Vice Chairperson Cox asked what is the function of this goal and how would we implement it or is it just window dressing to make it look like we're really nice guys? Staff responded that to some respect it is window dressing but that on the other hand what we are trying to say is that if we feel that there is a certain type of industry that would be beneficial to the community and would diversify our economy the City may want to recruit them. Vice Chairperson Cox interjected to ask how and in what way would this be encouraged? Staff indicated that right now the City Administrator is making phone calls to different types of restaurants to let them know that Woodburn has property available and that we would like them in our community. Vice Chairperson Cox inquired whether Staff meant that it is a matter of salesmanship but not necessarily changing any of our rules, ordinances or regulations? Staff confirmed this to be correct. Chairperson Young referred to page 5, item M-3, and indicated that the word build should be replaced with built. He pointed to the sentence further down and just above the highlighted portion and stated that it should read, "...will be delayed until it is funded by development...' Commissioner Will also directed to item M-3 and asked Staff whether there will be a limit if there is no bond issued and it does not get passed or will the City be allowed more 811 Planning Commission Meeting - April 22, 1999 Page 2 of 10 latitude in case they have the funds. Staff explained that it says, funded by development or by bond measures approved by City residents. It was suggested that item M-3, "...or by bond measures" be replaced with "other sources of funding..." Commissioner Bandelow referred to item L-10 and stated that "Consequently if provides..." should read "Consequently it provides..." Chairperson Young pointed to page 6, item D-3 and stated that the Ywas left off the word City. He also referred to Page 6, item D-3, sub item a, and asked Staff whether the infrastructure is the key that makes it beneficial to the City? Vice Chairperson Cox expressed his concerns about the wording in D-3, sub item c. Commissioner Bandelow suggested that instead of "territory within the Citylimits"we utilize "that all territory into the City limits that will be of benefit". Commissioner Will recommended to remove the words "...the pace of..." from item D-5, page 6. Vice Chairperson Cox inquired why there are different typefaces? Staff reported that the different typefaces are for the findings related to the criteria. Chairperson Young referred to Part II, page 1 of Standards, Criteria & Findings, bullet number 2 and asked if the developer is responsible to fund the new development that will be necessary for the area. Staff responded yes and stated that this is a standard. He added that the other portion of the funding could come from SDC fees. Commissioner Will reversed to Part I, page 7, item D-7-7 and asked if this could lead into a problem of somebody potentially locking in all the land with a large acreage? Staff stated that this is one of the reasons why we have to do the buildable lands inventory to make sure that we do have an opportunity for people to develop parcels in different parts of the community. He added that one of the concerns that we would have is that one land owner could lock up a five year supply of land which would affect housing and land prices. Chairperson Young asked how does Staff determine what the buildable lands inventory is? Staff explained that the inventory would be based on a yearly count of buildable land. Chairperson Young said that perhaps if somebody does control the land that they only do so for one year because if they build something then it will allow another area the opportunity to build. 8B Planning Commission Meeting - April 22, 1999 Page 3 of 10 Staff interjected that we do not want to find ourselves in the situation where some land owners feel like they are left hostage because of the fact that all the buildable land is all in one parcel. Commissioner Bandelow inquired if you are going to decide whether or not the City needs to add any more, i.e. residential lots and we have one or two large parcels of land already within the City limits that the owners have no intention of developing. Could this inventory be large enough to prevent something else from coming in and how is this inventoried? Staff remarked that we do not want to be held hostage to just a few lots or a couple of property owners. Therefore, when we look at this we have to be able to make available that three year supply and then when we start to loose that go out and make available some additional land. It will be on a first come, first serve basis. Vice Chairperson Cox felt that in most cases landowners will sell their land to a developer. He also commented that if it does get to be an unbalanced situation it may be brought in as one of the exceptions and council could then say despite our guidelines we are making an exception because... Staff added that we do have the exception process available to the Commission and Council. 8B Ex Parte Contacts None Testimony by Proponents None Testimony by Opponents Mick DeSantis, 173 McLoughlin Dr., Woodburn, OR presented a copy of a 1956 plan developed by his father-in-law. He commented that the ordinance presented today puts him out of business. Mr. DeSantis also made reference to the school and traffic issues. He added that it is not right to be told that one has done everything right but that you can not develop. Staff clarified that the schools were not part of the Commission's rationale behind the growth policy. He also stated that the Planning Commission has reviewed things based on traffic impact and realized that there has been increasing traffic flow but they have been willing to approve annexations. Staff explained that they do have subdivisions that are not PUD that would be allowed to be annexed into the City under the growth policy based on the criteria. Moreover, the 16 year supply may be modified based on the buildable lands final figures. Staff also commented that the types of things provided by a developer such as the extension of streets etc., certainly are the measures that may allow property to be annexed. Hazel Smith, 105 Ben Brown Lane, Woodburn, OR presented a proposed addition to Smith flq map dated December 1991. She stated that Smith Addition would not have been allowed if there hadn't been the special engineering that she pointed out on the map. Mrs. Planning Commission Meeting - April 22, 1999 Parle 4 of 10 Smith also pointed out that our streets are used by people that live elsewhere and work in Woodburn. Chairperson Young explained that this is not a hearing that will be closed and that the Commission will continue to work and develop this plan. Mick DeSantis stated that there is absolutely no criteria spelled out. He added that everyone should have the opportunity to build today as well as tomorrow and down the road. He also said that there has to be a lot of thought put into how and when the land can come in so that actually it can be ready to go at the point and time that it's needed. Commissioner Lima asked Mick DeSantis how this document ties his hands in the form of future development? Nick DeSantis explained that Hazel's property is not within the City limits, therefore it can not be developed until the criteria is met that there is less than three years worth of inventory. He stated that there is 150 acres of undeveloped property that has been planned since 1956 and revised by Staff in 1991 when Smith Addition #4 was developed. He recommended that the standards be: applicant ready, property have infrastructure available to service it and is it a logical location in regards to the rest of the City. Vice Chairperson Cox questioned Mr. DeSantis whether he believed that the City should have the right to deny annexations based on traffic as being part of the infrastructure that needs to be improved before further annexations Would occur? Nick DeSantis responded that he agreed with that but that you have to start where the problem is which is commercial/industrial and not residential. Commissioner Bandelow commented that when you have a greater commercial you create a greater need for residential. Staff reminded the Commission not to lose site as to what the overall objective is. He said that there were concerns from the Commission, Council and a lot of citizens within our community that they want to try to control the rate of growth and how fast this community grows. He added that the policies and criteria were formulated out of the ideas and suggestions by this body and the City Council. Staff also said there are things that need to be looked at and possibly modified. Chairperson Young recommended that revisions as discussed by the Commission be made to the proposed Comp Plan and brought back to the next meeting. Commissioner Will suggested that there be more cladty on the 3 year issue because it could lock either way on it. He said that he could not support the Comprehensive Plan as it sits today because of the double message sent by the City Council regarding the Boones Crossing project. Commissioner Will agreed with Mr. DeSantis regarding the first come first served issue. 8B Planning Commission Meeting - April 22, 1999 Pa~e 5 of 10 Vice Chairperson Cox stated he too is not prepared to accept this plan because fixed year inventory are very difficult to administer. Staff suggested that if the three year supply standard was removed the criteria would need to be tightened up. Mick DeSantis commented that Salem does not use a yearly type of criteria but more of a point system. He felt that everybody should have the same rights as those that are in the City. Vice Chairperson Cox moved to continue the public hearing and bring it back next time with revisions as discussed and an additional revision which will eliminate a three year land inventory or any other fixed number of years of inventory that will be the implied limit on annexation and instead that it be focused on the criteria that is already there. Commissioner Will seconded the motion. Motion unanimously carried. FINAL ORDER A. Zone Map Amendment 99-01 and Site Plan Review 99-02; Applicant, Orville & Dorothy Krebs. Vice Chairperson Cox remarked that the order should read "the Planning Commission recommends the City Council approve the Conditional Zone Change 99-01. The Planning Commission approves Site Plan Review 99-02 subject to final approval of the zone change." He also pointed out that on the last sentence of the order the word "attached" was left off and it should read "...attached hereto..." Vice Chairperson Cox also referred to page 3 of the Conditions of Approval and stated that paragraphs 6 and 9 are duplicate of each other and that he did not understand the last sentence. He stated that paragraph 8 should include at the end of the sentence, "...are attached hereto and incorporated herein." Additionally, he requested that wastewater/water be removed because it is covered under the public works report and therefore should not be listed separately. Vice Chairperson Cox commented that he is not prepared to vote for the order favorably today until these changes are made. Commissioner Gunderson asked Staff whether he receives help from the City Attorney on drafting orders or is it all on the Planning Department? Staff responded that it is pretty much his department but that from now on he will have the City Attorney look at the orders. He reported that the second order was reviewed by the City Attorney. There was some discussion concerning the 120 day rule. Staff pulled the file and found that the application was completed February 24th. Vice Chairperson Cox moved to have Staff review the Final Order and make necessary changes as suggested by Vice Chairperson Cox. Commissioner Gunderson seconded the motion, which carried. Commissioner Will, Commissioner Bandelow and Commissioner Lonergan abstained from voting because they were not present at the headng. 8B Planning Commission Meeting - April 22, 1999 Page 6 of 10 B_~. Site Plan Review 99-01 and Lot Line Adjustment 99-01; Applicant, Woodburn Animal Medical Clinic, Dr. Patrick L. Paradis, DVM. Chairperson Young commented that the problems that are addressed in all the letters received from the attorneys are not really Planning Commission issues, He added that what is being looked at is Site Plan Review and not whether or not the parking is 14' or 15' long. Vice Chairperson Cox remarked that he reviewed all the new submittals and he agrees with Chairperson Young. However, he pointed out that in order to exit the parking lot we are allowing traffic to back out onto a street as you would with diagonal parking. Chairperson Young stated that it is important to keep in mind that we are voting on the Site Plan Review and not the legalities of whether or not you can drive on the street. Commissioner Lima moved to approve Site Plan Review 99-01 as written. Vice Chairperson Cox seconded the motion. Motion carried with Commissioners Will, Lonergan and Bandelow abstaining from voting. DISCUSSION ITEMS A__. Sign Ordinance Staff explained that he would like to get some ideas of what the parameters of this sign ordinance might be as was done with the Growth Management Goals and Policies. Vice Chairperson Cox remarked that one of the reasons the sign ordinance is in review is because of the controversy over the integrated business center definition. He referred to items 9 and 10 of the Community Development memorandum and expressed his dissatisfaction with the integrated business center definition. He went on to say that with a little fine tuning, the definition in Keizer's model ordinance, page 33 is much closer to what he thinks ought to be done to define an integrated business center. He inquired what the cut-off number should be? Chairperson Young pointed out Keizer's ordinance contains a small and a large integrated business center definition and that perhaps there could be in the Woodburn Ordinance recognition of the 2 acres or the 10+ acres for integrated business center. He also mentioned that he did not know whether the free standing sign for integrated business centers need to be eliminated. 8B Staff discussed that once a definition of an integrated business center is found that we place the signage lower to the ground instead of putting it 150 sq. ft. 35 feet in the air similar to the little plaza on Highway 99E. Chairperson Younq said he would be more willing to make a deal on the 35 feet than he would to put it on the ground. He added that he would also like to discuss the length of time for changing over and offering a financial incentive to small businesses to come in compliance with the sign size. Commissioner Will asked Staff what section covers real estate signs? Planning Commission Meeting - April 22, 1999 Page 7 of 10 Staff explained that presently there is allowance for three off-site for sale signs per property. He added the major complaint we hear is that a lot of properties are getting cluttered with all these for sale signs. Staff suggested that we only allow for sale signs on the property being sold. Commissioner Bandelow related that there is nothing worse than to go down the street and see all these signs. She added that it only confuses the public, especially when you have open house signs on the public right-of-ways. ^ sign on the property is all you need if you are doing your job correctly. Commissioner Lima inquired whether this would prohibit garage sale signs? Staff responded that PGE and the telephone company have their own regulations regarding these types of signs since a majority of these are being placed on poles. Commissioner Lonergan asked why there is no limit on the length of time a political sign can be up before election. Staff could not recall what the reason was for not having a limit on the front end of those signs. He will find out why there is no limit. Chairperson Young suggested that further discussion regarding the sign ordinance be made at another time when there is a light agenda. He noted the following items to be considered: · Real Estate Signs · Limit political signs with time limit at the beginning as well as at the end. · Free standing Poles · Define Integrated Business Center · Review the Keizer Ordinance and include no large digital flashing style signs. · Look at Integrated Business Center as a small capacity and then as a larger capacity. Commissioner Lonergan inquired how many nonconforming signs now exist and if there will be some type of period to bdng them into compliance? Will the Commission suggest to set aside money to help with this? Staff replied that it would really be a guess on his part, however, on the interchange there are two nonconforming signs, Trailer World and possibly the Texaco station. REPORTS A_.~. Handouts 1. Zoning Ordinance 2. Comprehensive Plan 3. Colored Zone Maps Staff explained that the handouts are for members that have lost, misplaced or for some reason did not receive the Zoning and Comprehensive Plan documents. Zone maps were not provided because Public Works reported that it is not cost-effective to run the auto-cad 8B Planning Commission Meeting - April 22, 1999 Page 8 of 10 computer system for 2 ½ days which ends up costing them up to $800. Staff explained that it costs $30 per copy to have it run at a printers. B__:. List of Planning Commission Members Chairperson Young said he was no longer at the address listed and provided the correct address. BUSINESS FROM THE COMMISSION Vice Chairperson Cox asked Staff whether tent buildings and espresso stands that are set up in little buildings and stationed on other business premises are subject to any site development or regulations? Staff reported that this has been an issue the Council has wrestled with for the last 3-4 years and they have not come to any solid decision as to how to handle these. He explained that these are called transient businesses and that we do require that they secure a business license and that they be on hard surface paved areas. Staff stated that these businesses should be given a limited time frame in which to be located within the City over a period of a year but it did not fly very well because people like the coffee stands and if we are to treat them equally then they would have to go as well. Commissioner Lima mentioned that he attended the town hall meeting sponsored by the Statesman Journal. He reported that it was a sales pitch to sell more news in Woodburn. Commissioner Gunderson asked Staff what is the City's interest in the old bank building? Staff replied that the City Council purchased the building and that this will be were the Public Works Department will be housed. Commissioner Will inquired when the Centennial Park Site Plan Review will come up to the Planning Commission? Commissioner Will asked when Public Works will put the sidewalk in on Hazelnut? Commissioner Will also welcomed the new Planning Commission members. Staff will get back to him as to when Public Works will put the sidewalk in. Commissioner Lonergan commented that he is looking forward to serve and learn. Commissioner Bandelow concurred with Commissioner Lonergan. She requested guidance as to what can be discussed outside of the Planning Commission meeting. Chairperson Young interjected to say that he has an Ex-Parte book. He asked Staff when will there be another Ex-Parte workshop? Staff said that it happens about this time of year. He will find out from the University of Oregon as to when the next workshop will be. Vice Chairperson Cox explained that you can talk about things that are legislative i.e. sign Planning Commission Meeting - April 22, 1999 Page 9 of 10 8B ordinances. However, we are not to discuss anything quasi-judicial where you are deciding a specific application on a specific piece of property and if you have made any contacts outside of the group, that it be disclosed prior to the hearing under ex-parte contacts. Commissioner Lima also inquired about the status of the Salud building. Staff stated that he believed that they are supposed to be giving something to the City Council by the next meeting. ADJOURNMENT Commissioner Gunderson moved to adjourn the meeting. Commissioner Will seconded the motion and carried. Meeting adjourned at 10 p.m. 8B Planning Commission Meeting - April 22, 1999 Pa~e 10 of 10 8C MINUTES WOODBURN RECREATION AND PARKS BOARD REGULAR MEETING TUESDAY, APRIL 13, 1999 WOODBURN CITY HALL CALL TO ORDER The meeting was called to order at 7:04pm by Board Chairman Lee Ehrens. ROLL CALL Members Present: Lee Ehrens, Darryl Kelly, Dorothy Senatra, Janet Greenwell and Patricia Watts Members Absent: Debbie Wolfer and Frank Anderson Staff Present: Director Randy Westrick, Secretary Shirley Pitt, Recreation Coordinator, Brian Sjothun, and Parks Superintendent John Pitt. Council Liaison, Kathy Figley SPECIAL ORDERS OF THE DAY Chairman Lee Ehrens welcomed new Board Members Janet Greenwell and Patricia Wafts to the Board. MINUTES The Minutes of March 10, 1999 meeting were presented for review. Dorothy Senatra reminded the Secretary that the meeting was held on Tuesday, March 9~ and not Wednesday, March 10~. Correction will be made. MOTION: D. KELLY: Moved to adopt the Park Board Minutes of March 9, t 999 as corrected. D. SENATRA: Seconded the Motion Motion passed unanimously. BUSINESS FROM THE DIRECTOR a. Division Reports Leisure Services - Brian Sjothun Brian reported that his programs were about to begin their summer programs and was anticipating another summer of lots of kids doing lots of programs in the parks. Several new programs are being added including a portable playground and crafts program to be taken to Legion, Nelson and Burlingham parks. Games, arts and crafts, sports and other free afternoon programs will be taken to the kids in these areas. Brian is working with Pepsi who will be servicing all City Facilities this summer and through them Parks will have the use of a portable concession $C Page - 2 Park Board Minutes Tuesday, April 13, 1999 booth to be used for special events This will provide additional revenue for programs and sports. Summer Camp has been such a success that a sixth week has been added to this well attended summer activity. Brian also reported that this Division will be taking over the Adult Softball Program generating even moro revenue. Woodburn Together will be having their annual meeting luncheon at the Woodburn Family Medical Center April 22r~ at 11:30am. Brian urged all who could make it to attend. Woodburn Together is a groat supporter of Recreation Activities of Woodburn Recreation and Parks Parks and Facilities Maintenance: John Pitt, Superintendent John reported that 96 trees will be delivered to Centennial Park for the Maintenance crew to plant. The playground is due to be set up May 15~ at the opening ceremonies. Parks crew will be doing this as well with the help of volunteers. John said that if the weather holds, people will be seeing a big improvement in Centennial during the next two weeks. The maintenance crew has been spending most of their time trying to get this park on line for the scheduled opening ceremonies causing some of the other parks to suffer. As soon as possible he and his crew will be getting back to their regular routine of schedules. Bali fields must be done for the school next week. Vandalism is becoming quite costly with Legion and Settlemier getting the most. The gazebo was heavily damaged last week along with the Legion Drop In Center and Stadium/Grandstand, costing well over $1,000 in repair and cleanup. A permit has been obtained and 12 dangerous trees will be removed at Legion. As soon as permits aro granted by the City site preparation for the new Settlemier Park Drop-In Center can get underway. Aquatic Center: The attached written report from the aquatic manager was given to the Board for their review. 8C Page - 3 Park Board Minutes April 14, 1999 6. AERIAL PHOTOGRAPHS As part of the City's recent Wetland Inventory, the City contracted for new aerial photographs. The Community Development Department will make them available for the next Park Board Meeting to be held in May. WRPD CIP BUDGET A list of Recreation and Parks Capital Improvement Requests was included in the packet for Board update and review. BUSINESS FROM THE BOARD Lee Ehrens Lee asked each of the Park Board Member to take a tour of the parks with a camera. He would like to see and hear their ideas for improvement in various areas of the park. He would like have the photo's developed and suggestions at the May Meeting. = ADJOURNMENT MOTION: D. KELLY: Moved to adjoum at 9:25pm SECONDED: D. SENATRA Seconded the Motion. Motion passed unanimously and meeting adjourned. NEXT MEETING DATE: Tuesday, May 11, 1999 -7:00pm at City Hall MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: ROLL CALL: STAFF PRESENT: GUESTS: CALL TO ORDER: SECRETARY'S REPORT: DIRECTOR'S REPORT: April 28, 1999 Phyllis Bauer - Present Barbara Pugh - Excused Kay Kuka - Present Pat Will - Present Dorothy Jaeger - Present Mary Chadwick - Present Ex-Officio Linda Sprauer, Director Judy Coreson, Recording Secretary None President Dorothy Jaeger called the meeting to order at 12 Noon. New board members, Kay Kuka and Pat Will, were welcomed to the Board. The monthly Board minutes of February 24, 1999 were approved as submitted. The March monthly meeting was not held due to lack of quorum. Monthly Statistics: The monthly statistics were self-explanatory. The number of people visiting the library for the month of February was 12,901 and March was 18,073. Circulation for the month of March was less than the previous three years of the same month. Among other reasons, the non-resident fee of $10 per year may have discouraged some patrons from coming to the library. Activities: A list of activities was distributed to the Board. The Chautauqua programs, funded by the Oregon Council for the Humanitites, were well attended. The topic for the "Rosie To Roosevelt" program on Sunday, April 11, was the Internment of Japanese-Americans; on Sunday, April 18; the topic was Women in the Work Force; and on Sunday, April 25, the topic was America's Reaction the the Holocaust. The programs were held at 2:00 P.M. in the City Hall Council Chambers. On Thursday, April 29, at 4:00 P.M. "Poetry and Pizza" is scheduled in the Youth Services area. All authors will be invited to read their poetry, and their original poem will be displayed. After the readings there will be pizza for all authors. A Ukranian dancer is scheduled at the Woodburn High School Theater Friday, May 19 at 7:30 P.M. Volunteer of the Month: Mary Lou Bellante was chosen Volunteer of the Month for February and Norman Prestbye for the month of March. Budget: Linda distributed information concerning the library's 1999- 2000 proposed budget. Linda discussed this proposed budget which included: a new position for adult services librarian and information specialist; (Rachel Calhoun, the City's temporary information specialist, has accepted a full-time position with the Woodburn School District.); an upgrade to Judy Coreson's position to Secretary; additional library materials; and to reassign a full-time custodian to the library. Proposed Capital outlay requests include: continuing to purchase PC's for the automation system; to purchase a self- check system; (This would al Iow one part-time library assistant to be reassigned to Youth Services and one to Technical Services.); to purchase a tape-check for videos; to buy or lease a replacement for the microfilm reader printer, and relocation of the reference desk and other iterns of equipment. Capital Improvements program items include: upgrade the HVAC system and upgrade and refurbish the exterior of the Carnegie Library building. The RFP's for these have been advertised and are open until May 5 and 13. Specifications will be written and then requests for bids will be advertised. Highlighted items were approYed for funding thus far into the budget process. The Budget Committee has been meeting in workshops and will have the Budget Hearing May 17 (and May 21, if necessary). New Board Members: Kay Kuka and Patricia Will have been appointed to the Library Board to replace Jean Riggan and Wanita Haugen who resigned December 1998. OLD BUSINESS: None NEW BUSINESS: Luncheon For Outgoing and Incoming Board Members: This luncheon will be scheduled for the next monthly meeting if everyone will be able to attend. Planning For Results: This is a training project by the Public Library Division of the American Library Association for long-term planning for the library, library board, library staff and members of the community. This workshop will follow the luncheon at the next Library Board Minutes - 4/28/99 2 8]) monthly board meeting. The Oregon Library Association Division for Friends and Trustees Guidelines will be given to the library board prior to this meeting. Library District: An option for funding libraries is forming a Library District, which would mean the library would no longer be governed by the City of Woodburn and would then have its own form of government. The Library District would be governed by an elected Library Board. It would raise taxes of rural communities and possibley reduce taxes for city residents. Further discussion will take place in the coming months. BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: None ADJOURNMENT: The meeting was adjourned at 2:15 P.M. Respectfully Submitted, Judy Coreson Recording Secretary Library Board Minutes - 4/28/99 3 WOOIDIBURN HUMAN RIGH'I COMMISSION Meeting Minutes- March 4, 1999 ROLL CALL Co-Chair Wendy Veliz Co-Chair Scott Summers Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Present Present Daniels-Fischer Absent * Doyne Deos Present Marilyn Landeen Present Mary Ayhan Absent Eliborio Fernandez Present Florence Jensen Present Colleen Vancil Absent * * * Advance notice of absence was given Staff: Ken Wright Present Nita Marr Present Guest: Antonio Martinez Meeting Called to Order at 7:1,5 p.m. - Scott Summers Presiding Presentation: Woodburn Officer Craig Halupowski gave a presentation on the Police Department's Enhanced Safety Properties Program. The program, started in Portland, is comprised of three phases, with an end-goal of making property owners and managers responsible for their properties. Phase I is the Landlord Training Program, which educates landlords in the areas of conflict resolution, Section 8 housing, and drug detection. Phase II is the CPTED program (Crime Prevention Through Environmental Design), which educates property owners about enhancing security via physical layout, lighting, locks, peepholes, and shrubbery. Phase III is landlord-provided tenant training, with focus on crime prevention by using programs such as Woodburn Police Department's National Night Out and Neighborhood/Apartment Watch programs, and fire safety issues with assistance from Woodburn Fire District. The complexes are encouraged to develop a feeling of community within their properties. A certificate is presented at the completion of each phase. After all three phases have been completed, the complex can display an ESP sign at their location and can advertise their property as such for rental purposes. This program is not used as a weapon, but as a tool for keeping properties livable by using a broken window theory of property management. The goal of the Human Rights Commission - March 99 police department is to obtain 100% participation of multi-family units within the coming year. Minutes/January 99 - Commissioner Jensen moved to approve the minutes. Landeen seconded the motion, which carried. HRC Awards - Several members recounted the positive feedback they had received regarding the recent awards. The Chamber of Commerce has invited the Human Rights Commission to share in their awards presentation in the future, thereby providing more of a reception atmosphere for the event where recipients could be approached by family, friends and well-wishers after the presentation. Co-Chair Veliz recommended making nominations earlier in the year (publish in the Independent in August, nominate in September, and decide by November). Commissioner Jensen moved to include HRC nominations with Chamber Events. Commissioner Landeen seconded the motion, which carried. Commissioner Landeen moved to open nominations to the public, with final selection to be done by the Commission. Co-Chair Veliz seconded the motion, which carried. Status of By-Laws - By-laws have been reviewed by the City Attorney with a few minor changes, which were reviewed by the Commission. If approved by Commissioners, the by-laws could go before the City Council in June. 8E Commissioner Landeen moved to accept the by-laws as revised by the City Attorney. Commissioner Jensen seconded the motion, which carried. Status of Cesar Chavez Day Proclamation - Co-Chair Veliz and Commissioner Vancil started to develop a proclamation, but after reviewing some similar documents, were unsure how to proceed. Valor Middle School scheduled a public ceremony on March 3 l't to dedicate their Cesar Chavez Library, and it was suggested that the Commission send a letter to the editor in support of the ceremony and encouraging public attendance. Co-Chair will draft the letter. This subject will be put on the January, 2000 agenda for consideration again next year. Status/Calendar of Events - Staff has been compiling information from various sources throughout the community for publication in a calendar format. Some problems encountered have been that many events are not scheduled very far in advance, and that a forum for publication has not yet been identified. Human Rights Commission - March 99 ~E 10. Status/Progressive Dinner - Chief Wright will continue to contact business owners. At this point, Rogelio Medina has shown a positive response and Salvadore Larios has been somewhat uncommitted. Discussion continued about selection of a date (July 27-29, or 31 ), and setting up booths in the plaza area for vendors not located downtown. Plans for this event will continue. Business From The Commission Agenda items for next meeting will include: Plan for 4th of July activities Progressive Dinner Invite Independent representative to meeting Commissioner Fernandez asked what it would take to put the Salud facility on the city bus route. Staff will consult with the transit department and report back to the Commission. ADJOURNMENT - Meeting was adjourned at 9:00 p.m. The next meeting is scheduled for 7:00 p.m., June 3, 1999, at City Hall Conference Room, 270 Montgomery Street. CC; Woodburn City Council Woodburn Independent file A/P CHECK LISTING FOR THE MONTH OF APRIL 1999 CHECK NO 45405 45406 45407 45408 45409 45410 45411 45412 45413 45414 45415 45416 45417 45418 45419 45420 45421 45422 45423 45424 45425 45426 45427 45428 45429 45430 45431 45432 45433 45434 45435 45436 45437 45438 45439 45440 45441 45442 45443 45444 45445 45446 45447 45448 45449 45450 45451 45452 45453 DEPARTMENT POST MTR-VARIOUS VOID VOID VOID SERVICES-PUBVVKS SUPPLIES-LIB SUPPLIES-LIBRARY SERVICE~WWTP SUPPLIES-LIB SUPPLIE~POLICE SERVICES-POLICE SERVlCE~POLICE SERVICES-LIBRARY SUPPLIE~LIB REFUND-BUILD SERVICE~POLICE SERVICES-POLICE SERVlCE~LIB WITNESS FEE~TTY WITNESS FEE-ATTY WITNESS FEE~TTY WITNESS FE~ATTY WITNESS FEE-ATTY WITNESS FEE-ATTY WITNESS FEE-ATTY SERVlCE~WWTP SERVICES-CITYHALL SERVlCES-PUBWKS SERVICE~WTRANVVTP SERVlCE~PLAN SUPPLIES-LIB SERVlCE~POLICE SERVICE~SELFINS SERVICES-VARIOUS SERVICES-COURT SUPPLIES-WTR SUPPLIES-ADMIN SUPPLIE~POLICE SUPPLIE~WTR SERVlCES-WWTP SERVICE~VVWTP SUPPLIE~C STORES SERVICES-POLICE SUPPLIE~POLICE SUPPLIE~POLICE SUPPLIES-WTR SUPPLIE~STREET SUPPLIE~VARIOUS SUPPLIE~LIBRARY VENDOR NAME US POSTAL SERVICE VOID VOID VOID UNION PACIFIC RAILROAD PHOENIX MULTIMEDIA LEARNING SERVICES WINDMILL INN WORKMAN PUBLISHING PTI PUBLICATIONS CTR SUMMERFIELD SUITES THE RIDPATH LEAH GRIFFITH CORVALLIS BENTON LIB PETE CHERNISHOFF RA DORAN & ASSOC WSU SPOKANE WRICOPS LINFIELD COLLEGE EZEKIEL VALVERDE DAISY RING NELIDA GONZALEZ JASON NAULT GRISELDA GONZALEZ KAYLIN AYHAN LUCERO ROJAS-REYES A&A PEST CONTROL AIR TOUCH PAGING ALPHA MEDIA SYS ARAMARK UNIFORM ROGER J BUDKE BULLDOG VIDEO CASE AUTOMOTIVE ClS:CITY CTY INS CLACKAMAS LOCK MARGOT COMLEY CONSOLIDATED SPLY CORNVVELL COL CHAPEL DANNER SHOE MFG ERNST HARDWARE FASTBACK PHOTO FEDERAL EXPRESS FORCE 4 COMPUTER FOTO MAGIC GALL'S INC GOVERNING HALTON CO HARBOR FREIGHT SALV IND WELDING INGRAM DIST GROUP VENDOR NO 020089 020015 NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE 000011 000115 000166 000534 001580 001586 002190 002488 002558 002686 002770 002877 003036 004360 005067 005080 005242 005258 006011 006235 007046 007080 008100 008116 DATE 4/1/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 412/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2~9 4/2/99 4/2/99 4/2/99 4/2/99 AMOUNT $1,200.00 $o .oo $o.oo $0.00 $3,585.00 $102.95 $31.94 $236.95 $59.07 $27.00 $1,433.44 $303.88 $34.00 $54.oo $6,185.86 $255.00 $65.00 $60.00 $5.00 $5.00 $5.00 $22.50 $5.00 $20.00 $5.00 $170.00 $19.14 $330.00 $216.43 $7,478.33 $23.85 $1,026.74 $10,381.27 $390.75 $131.25 $21.70 $136.00 $77.90 $178.00 $18.53 $15.50 $346.82 $9.18 $11.98 $15.00 $196.33 $353.45 $48.80 $1,695.70 Page I A/P CHECK LISTING FOR THE MONTH OF APRIL 1999 45454 45455 45456 45457 45458 45459 45460 45461 45462 45463 45464 45465 45466 45467 45468 45469 45470 45471 45472 45473 45474 45475 45476 45477 45478 45479 45480 45481 45482 45483 45484 45485 45486 45487 45488 45489 45490 45491 45492 45493 45494 45495 45496 45497 45498 45499 45500 45501 45502 45503 45504 SUPPLIES-VARIOUS SUPPLIES-LIBRARY SERVICES-PARKS SERVICES-FIN SERVICES-PUB WKS SERVICES-COURT SERVICES-PLAN SUPPLIES-LIB SUPPLIES-LIB SUPPLIES-LIB SERVICES-COURT SERVICES-COURT SERVICES-WTR SUPPLIES-VARIOUS SUPPLIES-LIBRARY SUPPLIES-WTR SUPPLIES-LIB SUPPLIES-LIBRARY SERVICES-VARIOUS SUPPLIES-LIB SUPPLIES-RSVP SERVICES-LIB SUPPLIES-WTR SUPPLIES-FIN SUPPLIES-PARKS SUPPLIES-WWTP SERVICES-VVWTP SUPPLIES-LIBRARY SUPPLIES-LIB SUPPLIES-VARIOUS SUPPLIES-WWTP SERVICES-POLICE SUPPLIES-LIB REIMBURSE-COURT SUPPLIES-VARIOUS SERVICES-PUB WKS SERVICES-VARIOUS SUPPLIES-LIB SERVICES-VARIOUS SUPPLIES-POLICE SUPPLIES-LIB SUPPLIES-TRANS REIMBURSE-PARKS SUPPLIES-PARKS PAYMENT-NON DEPT SERVICES-VARIOUS SUPPLIES-VARIOUS SUPPLI E~STREET SERVICES-POLICE SUPPLIES-LIB SUPPLIES-LIB IKON OFFICE JACKSON HIRSH INC JVC WOODBURN KELLY SERVICES KITTLESON & ASSOC LANIER WORLDWIDE LEAGUE OF OR CITIES LECTORIUM PUB LIFE BOOKS LIBRARY ASSOCIATES ELIZABETH LOSCUTOFF MSI GROUP MAILERS SOFTWARE MARION CTY FISCAL SERV MARSHALL CAVENDISH MCCORMICKS BARKDUST MICRO MARKETING NATL GEOGRAPHIC NW NATURAL OR BLUEPRINT CO PACIFIC PRINTERS PACIFIC PURE BOTTLED US FILTER PARADIGM PRESS PORT TRAILBLAZERS PRAXAIR DIST QUALITY CONTROL SER REGENT BOOK SCHOLASTIC INC LES SCHWAB TIRE SETON SHOOTERS MERCANTILE SUNSET PROD MARY TENNANT US OFFICE PROD UNION PACIFIC RAILROAD UNITED DISPOSAL US WEST DIRECT US WEST COMM WALMART STORES WEISS RATINGS WESTERN BUS SALES D RANDALL WESTRICK WITHERS LUMBER CHAMBER OF COMMERCE WBN FLORIST WBN OFFICE SPEC WBN RENT ALL WBN 24 HR TOWING WORLD MEDIA EXPRESS YES GRAPHICS 008119 009043 009200 010052 010093 011050 011110 011180 011228 011244 011332 012015 012O45 012140 012235 012350 012462 013060 013350 014118 015058 015059 015065 015114 015455 015480 016063 017148 018295 018300 018400 018453 018819 019055 019100 020015 020020 020092 020095 022035 022128 022175 022260 022445 022510 022600 022670 022708 022755 022815 024025 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 $1,054.70 $31.52 $215.O0 $840.00 $30,027.87 $98.00 $7.00 $112.44 $29.30 $32.40 $25.00 $125.00 $1,084.00 $208.00 $445.15 $120.00 $110.86 $14.9O $267.19 $56.85 $168.00 $37.25 $137.42 $49.50 $184.00 $12.30 $305.50 $13.82 $340.83 $1,250.60 $454.15 $50.00 $144.95 $33.31 $3O8.10 $3,260.00 $648.10 $19.37 $513.79 $22.25 $184.95 $196.10 $30.00 $24O.87 $2,000.00 $64.00 $15O.OO $91.00 $1 54.28 $84.00 Page 2 AlP CHECK LISTING FOR THE MONTH OF APRIL 1999 45505 45506 455O7 45508 45509 45510 45511 45512 45513 45514 45515 45516 45517 45518 45519 45520 45521 45522 45523 45524 45525 45526 45527 45528 45529 45530 45531 45532 45533 45534 45535 45536 45537 45538 45539 45540 45541 45542 45543 45544 45545 45546 45547 45548 45549 45550 45551 45552 45553 45554 45555 SUPPLIES-VWVTP REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR SERVICES-LIB SERVlCES-WTR VOID VOID VOID REFUND-BUILD SERVlCES-ATTY SERVICES-SELF INS SERVICES-LIB SERVlCES-WVVTP TEMP EMP-ENG DUES-PUB WKS SERVlCES-WVVTP SERVICES-POLICE SERVICES-VARIOUS SUPPLIES-STREET SUPPLIES-VARIOUS SERVICES-RSVP SERVlCES-ENG SUPPLIES-WVVTP SERVICES-WWTP SUPPLIES-STREET SERVICES-ATTY SUPPLIES-POLICE SUPPLIES-VARIOUS SERVICES-FIN SERVICES-VARIOUS SERVICES-POLICE SERVICES-PARKS SERVICES-WATER SERVICES-VARIOUS SERVICES-HOUSING SUPPLIES-STREET SUPPLIES-VARIOUS SERVlCES-ADMIN ZEE MEDICAL SERV JANICE DAVIS CORNELIUS DONNELLY AGNES HAGENAUER FRED HAYES WARD O'BRIEN MARILYN PARADIS JOAN PREZEAU GERTRUDE REES STEVE STURN JAMES STROUP BARBARA STROUP VIOLET SUNDERLAND FRED TOPOREK HATTIE VANDERCOVERING CAROL WOOD WBN HIGH SCHOOL VALLEY MAILING VOID VOID VOID TERRY CRONIN NATL COLLEGE DIST ATTYS CUE BALL JUDAH THEATER CO AC APPLIANCE SERV AEROTEK INC AM PUBLIC WKS ASSN ARAMARK UNIFORM ARCH PAGING AT& T BEN-KO-MATIC BI-MART CORP CANBY TELEPHONE DE HAAS & ASSOC ENVIRO-CLEAN EQUIP FEDERAL EXPRESS HD FOWLER CO GREAT CHINA SEAFOOD HARRIS UNIFORMS IKON OFFICE KELLY SERVICES LAWRENCE CO LEGACY LAB SERV LEISINGER DESIGNS LINDS MARKET MARION COUNTY CLERK SL MARTINENKO MARSH-MCBIRNEY METROFUELING MUFFLERS HITCHES 025070 045200 045230 045310 045315 045497 045512 045525 045545 045585 045595 045596 045600 045660 045670 045710 022615 021044 NONE NONE NONE NONE 000038 000080 000300 000534 000535 000623 001200 001275 002062 OO3108 004206 005080 005210 006294 007090 008119 010052 011175 011188 011202 011240 012087 012237 012240 012448 012655 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/2/99 4/5/99 4/9/99 4/9/99 4/9/99 4/9/99 4/9/99 4/9/99 4/9/99 4/9/99 4/9/99 4/9/99 4/9/99 4/9/99 4/9199 4/9/99 4/9/99 4/9/99 4/9/99 4/9/99 4/9/99 4/9/99 4/9/99 4/9~99 4~9/99 4/9/99 4/9/99 4/9/99 4/9/99 4/9/99 4/9/99 4/9/99 419/99 $88.15 $29.68 $125.25 $30.75 $88.25 $210.00 $25.00 $244.2S $105.00 $140.75 $84.75 $24.63 $34.75 $30.00 $21.00 $48.50 $50.00 $855.60 $0.00 $0.00 $449.71 $371.25 $170.00 $250.00 $216.60 $230.00 $330.00 $172.38 $117.98 $116.73 $144.31 $114.21 $19.95 $4,907.75 $76.60 $15.75 $153.00 $8.00 $753.45 $38.80 $1NO.O0 $200.00 $66.00 $2,332.50 $30.00 $188.00 $25,000.00 $11,390.32 $1,282.39 $134.72 Page 3 A/P CHECK LISTING FOR THE MONTH OF APRIL 1999 45556 45557 45558 45559 45560 45561 45562 45563 45564 45565 45566 45567 45568 45569 45570 45571 45572 45573 45574 45575 45576 45577 45578 45579 45580 45581 45582 45583 45584 45585 45586 45587 45588 45589 45590 45591 45592 45593 45594 45595 45596 45597 45598 45599 45600 45601 45602 45603 45604 45605 456O6 DISPATCH-NON DEPT SERVICES-VARIOUS TEMP EMPLOYEE-ENG SERVICES-BUILD FREIGHT-POLICE SERVlCES-WWTP SUPPLIES-WTR SERVlCES-ENG SUPPLIES-STREET SERVICES-VARIOUS SUPPLIES-BUILD SUPPLIES-CITY HALL SUPPLIES-TRANS REIMBURSE-PARKS SERVICES-LIB SUPPLIES-STREET SERVICES-PLAN SERVlCES-ATTY SUPPLIES-POLICE SUPPLIES-VARIOUS REIMBURSE-PUB WKS SUPPLIES-STREET SERVICES-VARIOUS SUPPLIES-RSVP SUPPLIES-POLICE SUPPLIES-LIB SUPPLIES-STREET SERVICES-STREET SUPPLIES-PLAN PETTY CASH-VARIOUS SERVICES-WATER VOID VOID VOID SUPPLIES-LIB REFUND-WTPJSWR REFUND-VVTR/SWR REFUND-WTR/SVVR REFUND-WTPJSWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTR/SVVR REFUND-WTR/SWR REFUND~WTR/SWR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-VVTR/SWR REFUND-VVTR/SVVR REFUND-WTFUSWR REFUND-VVTR/SWR REFUND-WTR/SWR NORCOM NW NATURAL ONSlTE ENVIRON OR DEPT OF CONSUMER OR FIRE EQUIPMENT PACIFIC PURE BOTTLED US FILTER PBS ENVIRONMENT PIONEER ELECTRONICS PORT GENERAL ELEC RLM CONSULTING SAFFRON SUPPLY LES SCHWAB TIRE BRIAN SJOTHUN SIEMENS BUILDING SlDU MFG CO STATESMAN JOURNAL SUSSMAN SHANK TERRITORIAL SUPPLIES US OFFICE PROD G.S. FRANK TIWARI UNOCAL:ERNIE GRAHAM US WEST COMM VALLEY CASTING VIKING OFFICE WALMART STORES WESTERN TOOL WBN RADIATOR YES GRAPHICS CITY OF WOODBURN VALLEY MAILING VOID VOID VOID BRIGHTON PUBLICATIONS A SHINN & C STRIEFEL THEOLYN MARTIN CHARLES ROSERA ELMER WITHAM JOHN MELENDEZ JR PALM HARBOR ASSOCIATES HOUSING JUAN HYDER NORA FIVES LEROY MILLER D & T CONST HILLIGOSS HOMES CENTEX HOMES SILVERSTRE AMBRIZ ELVlRA MARTIN PETER KUTSEV 013198 013350 014055 014199 014304 015O59 015065 015200 015345 015420 017257 018020 018300 018456 018457 018459 018760 018877 019060 019100 019180 020010 020095 021033 021180 022035 022236 022700 024025 015255 021044 NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE 4/9/99 4/9/99 4/9/99 4/9/99 4~9/99 4/9/99 4/9/99 4/9/99 4/9/99 4/9/99 4/9/99 4/9/99 4/9/99 4/9~99 4~9/99 4/9/99 4~9/99 4/9/99 4/9~99 4/9/99 4~9~99 4~9~99 4~9~99 4/9/99 4~9~99 419199 4/9/99 4~9~99 419199 4/14~99 4/15/99 4/16~99 4/16/99 4/16/99 4/16/99 4/16/99 4/16199 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4116/99 $18,683.42 $2,883.38 $1 ,O45.2O $1,311.15 $7.50 $43.75 $1,190.00 $467.50 $37.29 $22,140.16 $10,212.66 $1,664.67 $549.56 $193.76 $586.00 $289.53 $414.66 $50.00 $131.60 $354.32 $49.06 $368.87 $1,958.70 $305.27 $277.12 $48.19 $789.93 $26.50 $790.00 $134.58 $387.6O $o.oo $o.oo $o.oo $28.90 $37.85 $32.51 $5.03 $27.65 $26.60 $24.92 $12.49 $24.92 $32.99 $121.79 $14.03 $23.59 $8.57 $27.65 $28.55 $12.01 Page 4 A/P CHECK LISTING FOR THE MONTH OF APRIL 1999 8_~ 45607 45608 456O9 4561O 45611 45612 45613 45614 45615 45616 45617 45618 45619 45620 45621 45622 45623 45624 45625 45626 45627 45628 45629 45630 45631 45632 45633 45634 45635 45636 45637 45638 45639 45640 45641 45642 45643 45644 45645 45646 45647 45648 45649 45650 45651 45652 45653 45654 45655 45656 45657 REFUND-VVTR/SWR SUPPLIES-ATTY SERVICES-POLICE SERVICES-POLICE MILEAGE-LIBRARY SERVICES-LIB SERVICES-POLICE SUPPLIES-LIB SERVICES-POLICE SERVICES-ENG SERVlCES-WWTP SERVICES-VARIOUS SERVICES-VVVVTP SUPPLIES-PARKS SERVICES-PARKS SERVICES-PARKS SERVICES-POLICE SERVICES-PARKS SUPPLIES-PARKS SUPPLIES-STREET SUPPLIES-PARKS SUPPLIES-LIBRARY REIMBURSE-LIB SUPPLIES-PARKS SERVICES-POLICE SUPPLIES-VARIOUS SERVICES-POLICE SERVICES-POLICE SUPPLIES-WWTP SUPPLIES-POLICE SERVICES-FINANCE SUPPLIES-PARKS SUPPLIES-FINANCE REIMBURSE-PUB WKS SUPPLIES-PARKS SERVICES-LIB DUES-ADMIN SUPPLIES-WWTP SERVICES-NON DEPT SERVICES-WWTP SERVICES-PARKS SUPPLIES-TRANS SUPPLIES-WWTP SERVICES-FIN SUPPLIES-POLICE SUPPLIES-PARKS SERVICES-VARIOUS SERVlCES-TRANS SERVICES-POLICE SUPPLIES-TRANS/DAR SUPPLIES-LIBRARY WINDSOR SMITH OR LAW INSTITUTE CHEMEKETA COMM COLL HOWARD JOHNSON AUGUST SMOORENBURG TRUMAN PRICE CHEM COMM COLL LONGS ELECTRONICS NASRO AEROTEK INC ARAMARK UNIFORM ARCH PAGING ASHLAND BROS INC AWARDS & ATHLETICS AT&T AT&T WIRELESS AT&T LANGUAGE LINE B&B TV & APPLIANCE HOUSEHOLD BANK BEN-KO-MATIC INC BI-MART CORP BOOK WHOLESALERS JUDY BRUNKAL CASCADE COLUMBIA DIST CHEM COMM COLL COASTWlDE LAB COMMERCIAL SEAT CVRS CRYSTAL SPRINGS VVTR CTL CORPORATION DANNER SHOE MFG EDEN SYSTEMS EMER MEDICAL PROD FORCE 4 COMPUTER LYNN GERSTNER HACH CHEMICAL CJ HANSEN CO I.C.M.A. IND WELDING IKON TECH SERV lOS CAPITAL IKON OFFICE INTERSTATE AUTO PARTS ISS WONDERWARE KELLY SERVICES LIGHTNING POWDER LINCOLN EQUIPMENT LUCENT TECHNOLOGIES MACS RADIATOR MARION COUNTY METROFUELING ALAN MEYERS & ASSOC NONE NONE 002410 NONE NONE NONE 002410 NONE NONE 000080 000534 000535 000545 000580 000623 000655 000659 001026 001199 001200 001275 001350 001576 002218 002410 002626 002715 002919 002926 003036 004065 004143 005242 006140 007030 007055 008023 008100 008117 008118 008119 008295 008382 010052 011230 011250 011370 012030 012223 012448 012453 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16~99 4/16~99 4/16~99 4/16~99 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4116199 4/16/99 4/16/99 4/16/99 4/16/99 4/16199 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16~99 4/16/99 4/16/99 4/16~99 4/16/99 4/16/99 4/16/99 4/16/99 4/16199 4/16/99 4/16/99 4/16/99 4/16199 4/16/99 4/16/99 $90.13 $51.00 $22.00 $435.70 $24.50 $60.00 $22.0O $gg.59 $395.00 $145.00 $344.76 $219.44 $85.00 $395.40 $12.18 $7.01 $74O.25 $49.00 $1,147.70 $941.19 $119.16 $16.17 $51.00 $680.00 $22.00 $1,977.52 $75.00 $51.00 $2,308.91 $103.95 $493.18 $398.78 $429.52 $29.99 $56.50 $260.75 $284.28 $42.30 $10,000.00 $141 .O5 $515.61 $213.o8 $4,403.O7 $756.0O $319.00 $2,094.41 $636.02 $630.60 $250.50 $230.28 $290.00 Page 5 A/P CHECK LISTING FOR THE MONTH OF APRIL 1999 45658 45659 45660 45661 45662 45663 45664 45665 45666 45667 45668 45669 45670 45671 45672 45673 45674 45675 45676 45677 45678 45679 45680 45681 45682 45683 45684 45685 45686 45687 45688 45689 45690 45691 45692 45693 45694 45695 45696 45697 45698 45699 45700 45701 45702 45703 45704 45705 45706 45707 45708 SERVICES-PARKS SERVICES-VARIOUS TEMP EMP-ENG SERVICES-WVVTP SERVICES-PUB WKS SUPPLIES-POLICE DUES-LIBRARY SERVICES-VARIOUS SUPPLIES-ATTY SUPPLIES-WTR SUPPLIES-WWTP REIMBURSE-LIBRARY SUPPLIES-PARKS REIMBURSE-PARKS SERVICES-VARIOUS SERVICES-WATER SERVICES-NON DEPT REIMBURSE-POLICE SUPPLIES-WVVTP SERVlCES-ENG SERVICES-PARKS SUPPLIES-PARKS SUPPLIES-CITY HALL REIMBURSE-LIB SUPPLIES-VARIOUS SERVICES-VVVVTP SUPPLEIS-STREET SUPPLIES-PARKS SERVlCES-WWTP SUPPLIES-WWTP SERVICES-PARKS SUPPLIES-VVTR SERVICES-VARIOUS SERVICES-VARIOUS SUPPLIES-VARIOUS SERVICES-PARKS REIMBURSE-LIB SERVICES-VARIOUS SERVICES-VARIOUS SUPPLIES-PARKS SUPPLIES-STREET SERVICES-PARKS SUPPLIES-PARKS SERVICES-PAYROLL SERVICES-WATER VOID VOID VOID REFUND-BUS LIC SERVICES-FIN SERVlCES-ADMIN NEXTEL COMM ONE CALL CONCEPTS ONSITE ENVIRON OR ANALYTICAL LAB OR CITY ATTYS ASSOC OR FIRE EQUIPMENT OR LIBRARY ASSN OR P.E.R.S OREGON STATE BAR US FILTER PACO PUMPS MARY PARRA PEPSI COLA CO JOHN PITT PORT GENERAL ELEC RADIX CORP RAIN MARION COUNTY RAUL A RAMIREZ RED WING SHOE RELIANT COMM WALT ROBERTS CONST S&S WORLDWIDE SCOT CUSTODIAL LINDA SPRAUER US OFFICE PRODUCTS TITTLE FARMS TRAFFIC SAFETY TRIAD TECHNOLOGIES TRI-MOTOR & MACHINERY UNIFIED SEWERAGE UNITED DISPOSAL UNITED PIPE US WEST COMM US WEST COMM VIKING OFFICE WOLFERS HEATING NICOLETTE WONACOTT WBN INDEPENDENT WBN KIWANIS WBN OFFICE WBN RENT-ALL XEROX CORP YES GRAPHICS OR DEPT OF REVENUE VALLEY MAILING SERV VOID VOID VOID HALTON DEVELOP ROCKHURST COLLEGE LIVABLE OREGON 013188 014054 O14055 014107 014145 014304 014327 014424 014500 015065 015098 015168 015225 015356 015420 017035 017042 017044 017138 017170 017295 018017 018308 018710 019100 019178 019220 019246 019251 020014 020020 020030 020091 020095 021180 022460 022478 022630 022645 022670 022708 023020 024025 060030 021044 NONE NONE NONE 4/16/99 4/16~99 4/16/99 4/16~99 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16~99 4/16/99 4/16~99 4/16~99 4/16/99 4/16/99 4/16199 4/16/99 4/16~99 4/16/99 4/16/99 4/16/99 4/16/99 4t16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/16~99 4/16~99 4/16/99 4/16/99 4/16/99 4/16/99 4/16/99 4/22/99 4~23/99 4~23/99 4/23199 $220.44 $89.10 $1,032.14 $1,680.00 $180.00 $327.00 $75.00 $89.00 $55.00 $1,152.00 $4,551.17 $41.35 $340.00 $27.00 $9,613.56 $256.74 $7,777.25 $11.60 $630.3O $67.50 $604.00 $202.66 $258.70 $164.79 $138.67 $2,450.00 $411.12 $35.O7 $248.00 $192.80 $504.60 $2,747.99 $435.O7 $4,739.41 $565.16 $98.62 $46.81 $219.40 $36.00 $34.00 $64.00 $154.30 $20.00 $1,230.03 $479.20 $o.oo $0.00 $0.00 $25.00 $395.0O $135.00 Page 6 AJP CHECK LISTING FOR THE MONTH OF APRIL 1999 45709 45710 45711 45712 45713 45714 45715 45716 45717 45718 45719 45720 45721 45722 45723 45724 45725 45726 45727 45728 45729 45730 45731 45732 45733 45734 45735 45736 45737 45738 45739 45740 45741 45742 45743 45744 45745 45746 45747 45748 45749 4575O 45751 45752 45753 45754 45755 45756 45757 45758 45759 SERVICES-POLICE SUPPLIES-LIBRARY SUPPLIES-LIBRARY SERVICES-HOUSING SERVICES-LIBRARY SUPPLIES-PUB WKS SERVICES-WATER SERVICES-WWTP SUPPLIES-VVTR SERVICES-ST/VVTR SERVICES-NON DEPT SERVICES-PUB WKS SERVICES-LIBRARY SUPPLIES-LIBRAY SUPPLIES-WATER SUPPLIES-STREET SERVICES-PARKS SERVICES-PUB WKS SERVICES-ENG SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-LIBRARY SERVICES-HOUSING SUPPLIES-POLICE SERVICES-PARKS SERVICES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-LIB/RSVP SUPPLIES-LIBRARY SUPPLIES-LIBRARY SERVICES-LIBRARY SUPPLIES-LIBRARY SERVICES-ENG SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-TRANSIT SUPPLIES-LIBRARY SUPPLIES-VARIOUS SERVICES-HOUSING SUPPLIES-WWTP SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-LIBRARY SERVICES-ENG SUPPLIES-POLICE SERVlCES-ENG SUPPLIES-VVVVTP SUPPLIES-FINANCE ARAMENT SYSTEMS BEYOND.COM DATACAL CORP ALPINE CONST AMER LIB ASSOC AM PUBLIC WKS ASSOC AMTEST OREGON LLC ARAMARK UNIFORM ASHLAND BROS INC AT&T BULLARD,KORSHOJ, SMITH C-MORE PIPE SERV CHEM COMM COLLEGE CREATIVE PUBLISH CROWN CONTRLS SOUTH CURTIS IND INC D & D PAVING DAILY JOURNAL DE TEMPLE CO INC DOVER PUBLICATIONS EDUCATORS PROGRESS FACTS ON FILE GAGLES HEATING GALLS INC GELCO SERVICES GE CAPITAL GRAPHIC ARTS CTR GREAT EVENTS PUB GREY HOUSE PUB HILL DONNELLY DIR HUBERS CAF~ INGRAM DIST GROUP JOB AVAILABLE JEAN KARR & CO KRAUSE PUB LECTORIUM PUB LEARNING SERVICES LIBRARY & EDUC SERV MACS RADIATOR MARSHALL CAVENDISH METROFUELING METRO OVERHEAD MICROWAREHOUSE MICRO MARKETING NATIONAL CHEMSEARCH NYNEX INFO RESOURCES ONSITE ENVIRON OR FIRE EQUIPMENT OREGONIAN PUBLISH PACIFIC PRINTERS PARADIGM PRESS NONE NONE NONE 000170 000250 000300 000400 000534 000545 000623 001584 0O2010 002410 002903 002917 002970 003005 003020 003215 003265 004083 005010 006010 006011 O06061 006079 006284 006296 006325 007220 007331 008116 009105 010030 010300 011180 011181 011245 012030 012235 012448 012451 012459 012462 013030 013490 014055 014304 014653 015058 015114 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23199 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23199 4/23/99 4~23~99 4/23/99 4/23199 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4~23/99 4/23/99 $100.00 $34.94 $52.75 $2,027.O0 $100.00 $103.50 $269.00 $195.98 $1,225.0O $14.86 $112.00 $4O6.50 $1,191.92 $3O.O4 $1,583.84 $140.44 $13,719.43 $58.5O $2,775.10 $161.96 $83.80 $1,010.00 $261.50 $18.97 $775.00 $166.09 $20.30 $330.25 $100.00 $109.87 $240.00 $520.53 $101.20 $42.15 $130.52 $35.57 $40.14 $10.14 $19.95 $142.81 $1,826.72 $1,185.00 $239.84 $59.90 $604.00 $34.10 $810.03 $1,622.40 $216.48 $199.00 $49.50 Page 7 A/P CHECK LISTING FOR THE MONTH OF APRIL 1999 4576O 45761 45762 45763 45764 45765 45766 45767 45768 45769 45770 45771 45772 45773 45774 45775 45776 45777 45778 45779 45780 45781 45782 45783 45784 45785 45786 45787 45788 45789 45790 45791 45792 45793 45794 45795 45796 45797 45798 45799 45800 45801 45802 45803 45804 45805 45806 45807 45808 45809 45810 SERVICES-HOUSING SUPPLIES-LIBRARY SUPPLIES-STREET SUPPLIES-LIBRARY SERVICES-BUILD SUPPLIES-VARIOUS SUPPLIES-RSVP SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-W1NTP SUPPLIES-STREET SUPPLIES-VARIOUS SUPPLIES-POLICE SERVICES-HOUSING SUPPLIES-VARIOUS SERVICES-VARIOUS SUPPLIES-LIBRARY REIMBURSE-VVVVTP SUPPLIES-LIBRARY SUPPLIES-ST/PARKS SUPPLIES-PLAN REIMBURSE-POLICE SUPPLIES-LIBRARY FRANCHISE-CABLE TV SERVICES-WTR VOID VOID VOID SUPPLIES-POLICE SERVICES-POLICE SERVICES-POLICE SUPPLIES-PARKS SERVICES-ENG SUPPLIES-VVWTP SERVICES-VARIOUS SERVICES-CITY HALL SERVICES-VARIOUS SERVICES-PUB WKS SUPPLIES-VARIOUS SUPPLIES-VARIOUS SERVICES-WVVTP SERVICES-POLICE SUPPLIES-PARKS SERVICES-POLICE SERVICES-WVVTP SERVICES-PUB WKS SERVICES-PUB WKS SUPPLIES-PARKS SUPPLIES-VARIOUS SERVICES-COURT PRO INSTALLATIONS RECORDED BOOKS RED WING SHOE REGENT BOOK CO RLM CONSULTING ROSE PAPER PROD ROTHS IGA RUSSIAN HOUSE SIMON & SCHUSTER SOUTHEASTERN BOOK STATESMAN JOURNAL TELESPECTOR CORP US OFFICE PROD FAMILY SPORTS SHOP THERM-O-LOC WINDOWS UNOCAL:ERNIE GRAHAM US POSTAL SERV US WEST DIRECT CHERYL VAN NATTA VIDEO SAMPLER VIESKO QUALITY CONC WBN INDEPENDENT KENNETH WRIGHT YES GRAPHICS VVBN COMMUNITY ACCESS VALLEY MAILING VOID VOID VOID MINUTEMAN PRESS TRAVELODGE HOTEL WASHINGTON COUNTY ZD JOURNALS AEROTEK INC AIRGAS-NORPAC INC AIR TOUCH CELLULAR AIR TOUCH PAGING ARAMARK UNIFORM BASELINE INDUSTRIAL HOUSEHOLD BANK BI-MART CORP BROWN & CALDWELL CASE AUTOMOTIVE CASCADE POOLS CHEMEKETA COMM COLL CHERRY CITY ELECTRIC CH2M-HILL CH2M-HILL CLACKAMAS LOCK COASTAL FARM MARGOT COMLEY O15545 O17102 017138 017148 017257 O17316 017340 017375 018493 018627 018760 019050 019100 019129 019132 020010 020090 020092 021075 021138 021140 022630 022830 024025 022547 021044 NONE NONE NONE NONE 000080 000109 000113 000115 000534 001155 001199 001275 001573 002190 002226 002410 002424 002477 002478 002558 002625 002686 4~23~99 4/23199 4/23/99 4/23/99 4/23/99 4/23/99 4/23199 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23/99 4/23~99 4/23/99 4/23~99 4/23/99 4/23/99 4/27/99 4/29/99 4/30/99 4/30~99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30199 4/30/99 4/30~99 4~30~99 4/30/99 4/30~99 4/30/99 $3,033.13 $264.OO $925.20 $12.77 $2,934.50 $1,627.59 $72.03 $234.99 $70.34 $256.95 $105.04 $31.00 $208.17 $35.00 $2,251.00 $961.40 $466.00 $18.73 $38.32 $395.95 $1,544.40 $26.00 $91.99 $330.00 $1,117.66 $403.60 $0.00 $0.00 SO.O0 $5.25 $128.34 $20.OO $69.00 $35O.00 $253.00 $562.60 $19.14 $373.68 $6,222.75 $884.00 $135.25 $210,785.77 $524.70 $37.50 $140.00 $6,319.16 $1,328.42 $91,124.66 $18.00 $552.87 $118.75 Page 8 A/P CHECK LISTING FOR THE MONTH OF APRIL 1999 45811 45812 45813 45814 45815 45816 45817 45818 45819 45820 45821 45822 45823 45824 45825 45826 45827 45828 45829 45830 45831 45832 45833 45834 45835 45836 45837 45838 45839 45840 45841 45842 45843 45844 45845 45846 45847 45848 45849 45850 45851 45852 45853 45854 45855 45856 45857 45858 45859 45860 45861 SERVICES-PUB WKS SUPPLIES-VARIOUS SUPPLIES-POLICE SERVICES-PUB VVKS SERVICES-PUB WKS SERVICES-VARIOUS SUPPLIES-PARKS SUPPLIES-WWTP SUPPLIES-VARIOUS SERVICES-POLICE SERVICES-PUB WKS SUPPLIES-VARIOUS SERVICES-PARKS SUPPLIES-WATER SUPPLIES-POLICE SERVICES-POLICE SERVICES-VVWTP SERVICES-WWTP SERVICES-PARKS SERVICES-FIN SERVICES-COURT SUPPLIES-VARIOUS SERVICES-COURT SERVICES-POLICE SUPPLIES-VARIOUS SERVICES-HOUSING SUPPLIES-NON DEPT SERVICES-VARIOUS SUPPLIES-PARKS SERVICES-LIB/CTY HALL SERVICES-ENG SERVICES-VVWTP SUPPLIES-PARKS SUPPLIES-STREET SUPPLIES-VVWTP SERVICES-LIB SUPPLIES-WATER SERVICES-HOUSING SERVICES-PUB WKS SUPPLIES-PARKS SUPPLIES-WVVTP SUPPLIES-VVVVTP SUPPLIES-PARKS SERVICES-POLICE SUPPLIES-WATER SUPPLIES-VARIOUS SERVICES-POLICE SERVICES-POLICE REIMBURSE-COURT SUPPLIES-VARIOUS SUPPLIES-FIN CRANE & MERSETH DAVISON AUTO PARTS DAVISON AUTO PARTS DE HAAS & ASSOC EMERY & SONS CONST ENGELMAN ELECTRIC 4 SEASONS SWIMWEAR FAMILIAN NW FARM PLAN FOTO MAGIC DON GANER & ASSOC GW HARDWARE CTR GLENDA HAMSTREET HERSHBERGER MTRS HILLYERS MID CITY IKON OFFICE JOHN CRANE INC JOHN SEGAL HOP FARM JVC WOODBURN KELLY SERVICES PETER KONOVALOV L & L BUILDING MSI GROUP MARION COUNTY MR P'S AUTO PARTS MIRACLE TOUCH PAINT MOORE BUSINESS NEXTEL COMM NORTH COAST ELECTRIC NW ELEVATOR CO ONSITE ENVIRON OR ANALYTICAL LAB OR TURF & TREE FARMS PIPE PACIFIC PRINTERS PACIFIC PURE BOTTLE US FILTER BRIAN PASCOE CONST PBS ENVIRONMENTAL PEPSI COLA CO PLATT ELECTRIC PRINTING SPEC PROMOTIONS WEST RINGEYS RADAR SALEM BLACKTOP LES SCHWAB TIRE SHOOTERS MERCANTILE SLATER COMM MARY TENNANT US OFFICE PRODUCTS TIGERDIRECT INC 002896 003080 003081 003108 004153 004190 005003 005030 005062 005258 006014 006405 007050 007150 OO7228 008119 009127 009130 009200 010052 010295 011010 012015 012223 012510 012512 012582 013188 013215 013275 014055 014107 01 4620 015035 015058 015059 015065 015171 015200 015225 015340 015540 015563 017210 018060 O18300 016453 018522 019055 019100 019155 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30~99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30~99 $9,357.05 $1,194.40 $35.96 $3,179.85 $82,430.96 $677.13 $303.75 $66.47 $195.92 $71.05 $850.00 $1,809.44 $30.00 $8.40 $830.82 $532.30 $1,903.18 $9,000.00 $430.00 $1,512.00 $25.00 $1,002.46 $125.00 $82.50 $412.50 $1,060.00 $561.46 $222.69 $540.93 $300.00 $3,711.00 $351.00 $6,997.50 $560.00 $168.00 $14.25 $4,393.05 $1,100.00 $2,35O.0O $271.85 $75.68 $77.90 $219.00 $73.00 $306.18 $921.16 $50.00 $2O7.05 $13.50 $22.82 $67.98 Page 9 A/P CHECK LISTING FOR THE MONTH OF APRIL 1999 45862 45863 45864 45865 45866 45867 45868 45869 45870 45871 45872 45873 45874 45875 45876 45877 45878 45879 45880 45881 45882 45883 45884 45885 45886 45887 45888 45889 45890 45891 45892 45893 SUPPLIES-C GARAGE SUPPLIES-WTR SERVICES-FIN REIMBURSE-ATTY SUPPLIES-PARKS SUPPLIES-WATER SUPPLIES-POLICE SERVICES-PARKS SUPPLIES-PARKS FRANCHISE-CABLE TV SERVICES-MAYOR SUPPLIES-VVWTP SERVICES-HOUSING SUPPLIES-VARIOUS SUPPLIES-VARIOUS REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-RSVP REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR REIMBURSE-DAR UNOCAL ERNIE GRAHAM UNITED PIPE US WEST COMM KAY VESTAL VIKING OFFICE WALLING SAND WALMART STORES WILL VALLEY CONCRETE WITHERS LUMBER WBN COMM ACCESS WBN DOWNTOWN ASSOC WBN FERTILIZER WBN INDEPENDENT OFFICE SPECIALTIES WBN RENT-ALL ALMEDA QUIRING MARIAN REED JUNE WOODCOCK RICHARD SNYDER STEVE STURN ROBERT STILLMAN JAY WOODS DOROTHA BORELAND CORNELIUS DONNELLY FRED HAYES WARD O'BRIEN JOAN PREZEAU GERTRUDE REES STEVE STURN JAMES STROUP FRED TOPOREK HATTIE VANDECOVERING 020010 020030 020095 021126 021180 022029 022035 022365 022445 022547 022580 022590 022630 022670 022708 035608 035615 035648 035655 035664 035667 035763 045100 045230 045315 045497 045525 045545 045585 045595 045660 045670 4/30/99 4/30~99 4/30/99 4/30/99 4/30/99 4~30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30199 4/30~99 4/30/99 4/30/99 4/30/99 4/30/99 4~30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30/99 4/30~99 4~30/99 4~30/99 4/30/99 4/30/99 4/30/99 4/30/99 $146.85 $1,164.72 $216.00 $24.38 $156.13 $7,350.30 $59.77 $173.00 $630.85 $65.53 $140.00 $91.76 $123.75 $32.26 $745.57 $25.80 $23.85 $26.40 $35.00 $19.45 $18.00 $44.60 $32.00 $77.00 $108.50 $51.00 $332.00 $48.75 $142.00 $15.00 $57.00 $21.25 $806,856.97 Page 10 City of Woodburn Police Department 270 Montgomery Street STAFF REPORT Woodburn, Oregon 97071 (503) 982-2345 Date: From: To: April 27, 1999 j"lq~ht, Chief of Police Mayor and Council Thru: John Brown, City Administrator Subject: Police Department Activities March 1999 The Consolidated Monthly Report is a monthly analysis of police department calls for service. This report lists all police department incident investigations for the month, shows year to date and compares with the previous year. The report is in conformance with Federal Bureau of Investigations national guidelines for crime classifications and is reported to the State of Oregon Law Enforcement Data System via the Regional Automated Information Network. Should you have questions or wish further information contact me. 8G ,,tO ,,-,4' :m '0 TENTATIVE WOODBURN PUBLIC WORKS DEPARTMENT PUBLIC WORKS WEEK ACTIVITIES MAY 17 - 22, 1999 "Advancinl~ Your Community" MONDAY, MAY 17 -- KICK OFF 9:00 a.m. -- Mayor Jennings kicks o~.the'Week'S fe~StM~!?.with a ribbon cutting ceremony to ce ebrate the 21 an~l .of!~i~e~u~.....,T.t~aj~ tibia. Services. egularly scheduled bus sea,ce w, II be*f~ m~(i.,.~eek.-*,:,P,,~l ~:~,ce w,II also be free all week. TUESDAY, MAY 18 "~' -~ '~?: :?~1..~" ' '~ "': '?"-'~'?~ ~.~ '~.: Informational'W~i:kL~r:~'gh for City employe~ 2:00 p.m. -- Mayor Jennings will tour and review.the following Public Wo~s proje:Gts: PUBLIC PROJEC £urren~Pfojects/'~ en~ in Cty 'Hall ocument'., PRIVATE DEVELOPME t[9'a.m.- 5 p.m Free' BI WEDNES~^¥; ~AY ~9 lO~.QO a.m. - 12:00 p.m. · Stree~ and Storm Water projects in Department/Div, ision Managers will be (9 a.m. -'5" p,m. -- Free B~s6~.~ice on the regular sch~ THURSDAY, MAY 2Q.:. '-- iil~!~:C~d ~by Public Works) n ular sche~i~le & free Dia[La~Ride Van service.) 2:00 p.m.- GP~i~.~d b~eaki.~,g at WWTP for Main d upgrade 3:00 p.m.- PUBLICWOI~KS EMPLOYEE OF THE Y[ IATION CEREMONY;::C~un~!I' Chambers, City H~II. (9 a.m.- 5 p.m.-- Free Bus Se~ic~ on the'r~g~lar'sche~cit~ '~ee Dial-a-Ride Van Service.) FRIDAY, MAY 21 Noon -- Informal lunch: Public Works Employees of 1998 & 1999 with Mayor & Public Works Director Setup for Saturday at Walmart (9 a.m. - 5 p.m. -- Free Bus Service on the regular schedule & free Dial-a-Ride Van Service.) SATURDAY, MAY 22 10:00 - 4:00 p.m. -- Household Hazardous Waste Collection at Walmart PWW99\Program COUNCIL BILL NO. 196 RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT WITH BULLARD, KORSHOJ, SMITH & JERNSTEDT, A PROFESSIONAL CORPORATION, TO PROVIDE LABOR RELATIONS SERVICES AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT. WHEREAS, the City of Woodburn desires to retain the services of a labor relations representative, consultant, and negotiator; and WHEREAS, C. Akin Blitz ofBullard, Korshoj, Smith & Jemstedt, is an attorney specializing in labor and employment matters who is qualified by training and experience to provide said services; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodbum enter into an agreement with Bullard, Korshoj, Smith & Jemstedt in order to retain the services of C. Akin Blitz as labor relations representative. A copy of said agreement is affmed hereto as Attachment "A" and by this reference is incorporated herein. Section 2. That the Mayor of the City of Woodbum is authorized to sign said agreement on behalf of the City. ,o .O3 - City Attorney Date Approved: Richard Jennings, Mayor 10A Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant City Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. ATTACHMENT Page I,,, of AGREEMENT FOR PROFESSIONAL SERVICES IOA This Agreement is made and entered into by and between the City of Woodburn, Oregon, a political subdivision of the State of Oregon (the "City") and Bullard, Korshoj, Smith & Jernstedt, a professional corporation (the "Contractor"). WHEREAS the City desires to obtain certain legal advice and representation; and to retain the services of C. Akin Blitz as lead negotiator and labor relations representative and consultant, and as an attorney to assist in selected labor and employment matters; and WHEREAS the Contractor is qualified by special training and experience to provide such service; NOW, therefore, in consideration of the mutual promises and covenants contained herein, it is agreed as follows: 1. Scope of Work The Contractor agrees to serve as legal advisor to the City Council, City Attorney and administrators on labor relations questions and negotiations; to serve as negotiator; to assist the City in developing bargaining positions, drafting bargaining agreements for the City, and reviewing and approval of contract drafts, proposals and other documents relating to negotiations and labor contract administration; and to advise and represent the City in labor arbitration proceedings and employment as they may arise. 2. Assignment of Work The City Administrator and the City Attorney shall serve as the Contractor's contact, and shall monitor and coordinate legal services and billings provided by the Contractor. City Attorney may assist the Contractor as available. The Contractor and the City agree to confer in a reasonable manner so as to ensure effective and efficient provision of legal services and minimize expense. 3. Personal Service The City has selected the Contractor based on the reputation and specialized expertise of C. Akin Blitz. Except for work performed under the direction of C. Akin Blitz, the Contractor shall not assign work under this Agreement to other counsel unless first approved by the City. Notwithstanding the above, the Contractor shall seek to maximize use of legal assistants or City staff to minimize costs, consistent with effective representation. 990530034 ATTACHMENT Page ~ of_ 4. Standard of Services Services performed by the Contractor shall be performed in comparable manner and with same degree of care, skill, diligence, competency, and knowledge which is ordinarily exhibited and possessed by other professionals in good standing in the same or similar field in the same community as the Contractor. The Contractor shall at all times maintain appropriate professional liability insurance in an amount not less than the liability limit of the Oregon Tort Claims Act. 5. Payment The City shall pay the Contractor for the services at an hourly rate of $160 for the legal fees of C. Akin Blitz, or other attorneys' regular rates if assigned work by Akin Blitz; and $70 an hour for paralegal services. Such rates are subject to periodic adjustment with notice to the City. In addition, there will be a charge for incidental expenses such as travel including mileage, business meals, telephone, fax and copying, hand deliveries and other similar costs incurred in performance of services under this Agreement. The Contractor shall provide a billing statement in a form acceptable to City Council on or before the 20th of each month. The City shall make payment to the Contractor within 30 days of receipt unless otherwise agreed. 6. Term The term of this Agreement shall be from the date of its execution through June 30, 2002, or until terminated in accordance with the termination paragraph of this Agreement. 7. Termination Either party may terminate this Agreement provided that the party seeking termination advises the other party in writing with sufficient and reasonable time to allow transition of files from the Contractor to City Attorney or other City representative. The Contractor shall be entitled to payment for all satisfactory services rendered prior to termination, including service necessitated by termination and transition of assigned cases if termination is at the direction of the City. 8. Independent Contractor The Contractor is acting as an independent contractor and is not an employee of the City and as such accepts full responsibility for taxes or other obligations associated with payment for services under this Agreement. As an independent contractor, neither the Contractor nor any of its members, agents or employees shall receive any benefits normally accruing to City employees unless otherwise required by law. 10A 990530034 2 ATTACI':IMENT~ A Page ~ of._~ Non-Discrimination No person shall be denied or subjected to discrimination in the receipt of benefits of any services or activity made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, marital status, age or national origin. Any violation of this provision shall be considered a material violation of the Agreement and shall be grounds for cancellation or suspension by the City. 10. Statutory_ Requirements/Workers' Compensation ORS 279.310 to 279.430, relating to public contractor, are incorporated herein by reference to the extent that said statutes are applicable to professional services agreements of this nature. The Contractor shall comply with ORS 656.017 for all employees who work in the State of Oregon for more than ten (10) days. 11. Survival The terms, conditions, representations and all warranties contained in this Agreement shall survive the termination or expiration of this Agreement 12. Funding In the event the Woodburn City Council reduces, changes, eliminates, or otherwise modifies the funding for any of the services identified, the Contractor agrees to abide by such decision including termination of service. 13. Standard of Services and Warranty The Contractor agrees to perform its services with that standard of care, skill and diligence normally provided by a professional individual in the performance of similar services. It is understood that the Contractor must perform the services based in part on information furnished by the City and that the Contractor shall be entitled to rely on such information. However, the Contractor is given notice that the City will be relying on the accuracy, competence and completeness of the Contractor's services in utilizing the results of such services. The Contractor warrants that the recommendations, guidance and performance of any person assigned under this Agreement shall be in accordance with professional standards and the requirements of this Agreement. 14. City Priorities The Contractor shall comply promptly with any requests by the City relating to the emphasis or relative emphasis to be placed on various aspects of the work or to such other matters pertaining to said work. IOA 990530034 3 15. Ownership and Use of Documents ATTACHMENT Page _..'Z._ of All documents, or other material submitted to the City by the Contractor shall become the sole and exclusive property of the City. All material prepared by the Contractor under this Agreement may be subject to Oregon's Public Records Laws. 16. Tax Compliance Certification The Contractor hereby certifies, under penalty of perjury, as provided in ORS 305.385(6), that to the best of the Contractor's knowledge, the Contractor is not in violation of any of the tax laws described in ORS 305.380(4). IOA FOR CITY OF WOODBURN: Richard Jennings Mayor Attest: Mary Tennant, City Recorder City of Woodburn, Oregon Date Signature Date Title BULLARD, KORSHOJ, SMITH & JERNSTEDT Tax Identification Number: 93-0693273 APPROVED AS TO FORM N. Robert Shields, City Attorney 990530034 990530034 4 MEMO lOB TO: FROM: SUBJECT: City Administrator for Council Action Julie Moore,~.~. Tech III, through Public Works Director ~ Approval for the Installation of STOP signs in the Ironwood at Tukwila Subdivision DATE: May 6, 1999 RECOMMENDATION: It is recommended that Council approve the attached resolution that would allow the installation of stop signs on Heron Drive, Colewood Drive and Graystone Drive, in the Ironwood at Tukwila Subdivision, all where these streets intersect with Hazelnut Drive. BACKGROUND: Ironwood at Tukwila is a new subdivision in the Tukwila area near the OGA Golf course. Construction of the infrastructure has recently been completed and the construction of homes has begun. There are three streets that intersect with Hazelnut Drive, where stop signs are being recommended to be installed. These streets are Heron Drive, Colewood Drive and Graystone Drive. Hazelnut Drive, which connects Front Street and Boones Ferry Road, is the major roadway through this whole development. (See attached map.) The Manual of Uniform Traffic Control Devices (MUTCD) states that stop signs can be warranted where a street enters a through street, which is the case for these three streets. Therefore, it is recommended that the attached resolution be approved which will allow the installation of stop signs at these locations. COUNCIL BILL NO. 1963 RESOLUTION NO. A RESOLUTION DIRECTING THAT STOP SIGNS BE INSTALLED AT THE FOLLOWING LOCATIONS: 1) on Heron Drive at Hazelnut Drive, 2) on Colewood Drive at Hazelnut Drive, and 3) on Graystone Drive at Hazelnut Drive. WHEREAS, ORS Chapter 810 grants to the City of Woodburn, the authority to install stop signs at various locations within the City limits, and WHEREAS, the City Council has received and considered the attached staff report recommending that stop signs be placed at the following locations: 1) on Heron Drive at Hazelnut Drive, 2) on Colewood Drive at Hazelnut Drive, and 3) on Graystone Drive at Hazelnut Drive, NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That STOP signs be installed at the following locations: 1) on Heron Drive at Hazelnut Drive, 2) on Colewood Drive at Hazelnut Drive, and 3) on Graystone Drive at Hazelnut Drive. Approved as to form~' t~/~~~) City Attorney Passed by Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodbum, Oregon Approved: Date Richard Jenmngs, Mayor 10B Page ! - COUNCIL BILL NO. RESOLUTION NO. 10B 10C May 10, 1999 TO: FROM: SUBJECT: Mayor and City Council John C. Brown, City Administrator~'/ Reconsideration of Boones Crossing Project Recommendation: It is recommended the City Council determine whether it wishes to reconsider it's tentative decision in Annexation Case 97-08, Zone Change 97-12, Conditional Use 97- 03, Variance 97-12 and Planned Unit Development 97-03 (Boones Crossing). Background: On April 12, 1999 the City Council conducted a hearing to consider the Annexation Case 9%08, Zone Change 97-12, Conditional Use 97-03, Variance 97-12 and Planned Unit Development 97-03, better known as the Boones Crossing project. The Council tentatively voted deny the proposal, and directed staff'to return with an ordinance enacting its tentative decision. ORS 197.763 states that an applicant may, within a minimum of seven days at, er of the close of the record regarding a land use decision, provide additional written argument to the City Council in support of a proposed action. Discussion: Polygon Northwest Company, the applicant for the Boones Crossing Project, submitted additional written arguments in support of its proposed project (Attachment 1), on April 20, 1999. With Polygon's arguments comes a request for the City Council to reconsider its tentative decision, and approve the project. The City Council may if it chooses reconsider its tentative decision, although a vote to do so is required. The Council would also be required to notice and hold an additional public hearing, to receive any additional evidence on the matter. JCB POLYGON NORTHWEST COMPANY 10C April 20, 1999 Mr. Steve Oocc~itz Community Dcvclopment Director Ci.ty of Woodbum 270 Montgomery Street Woodbum, OR 97071 Dcm' St~ve: Obviously wc arc disappointed ,~,ith thc City Council decision to deny our development proposal, Boones Crossing. We have prepan;d this letter in accordance with our rights afforded to us through Oregon Land Use Law. Simply. thc purpose ofthls ier~¢r is to present written response to the d¢¢iston Nd to respectfully ~sk the Council to r~conslder their decision. There m-: five points w¢ would like the Council to consider. We believe th~sc points sufficiently detail why the Council should approve our proposal. i. Phased Development: Although the entire site is planned for agproximately 330 units, the build out of ~he sitt would occur over a four to six year period, on a pace equal to 60 per year. 2. Transportation System; Denial was largely based on transportation issues, however, their was no evidence supporting that conclusion, Moreover, the application was not opposed in any matter, Ctrtainly, over the build out period thc transportation system would be improved, with our contribution, 3. TtalT~c Imp~:t Fees: Like an)' other development, we would be paying u-aff~c Impact f~¢s. The purpose of these fees to of~et our impact to the City's infrastructure. Our contribution, by today's standards would be approximately $400,~00. Additionally, we were proposing to make several improvements to the system in and around our property, including the South Arterial. 4. Bro~ Road: One of the roads we wes: proposing to construct, was Brown Road. Oenerally, we off, red to construct Improvements thai were off our property and were not necessary to rn~et code r~quirements. Sl~ciflcally, ~,c proposed paying for the right-of-way and making thc ncc~ssaO' Improvements, if the right-of-way could bc acquired. This improvement would further the lnlhsstructure called for in thc City's Comprehensive Plan. As we stated at the hearing, we do not have the power or authority to procure the right-of-way, only thc City has that abillt3,. _<. Approval of Subsequcm Development: With all of the points presented above, we question the equities of denying our application with an annual impact of 60 lots per year, as our application pro,tided, ~nd approving another subsequent ~pplieation of similar size which Impacts the same infrastructure, If the lmpac~ of the subsequent application w~s not viewed as significant, then how could thc impact of' our proposal tm considered significant Particularly with all of'the contributions our dcvdopment proposed. We believe that with thc five points detailed above ~nd ali thc other benefits our proposal brought fi~rwanl, Including the deep sanitary sewer investment and the public park improvcmentz, our proposal shoula bc ~pptoved. We respectfully ~cquest th-~t thc Council reconsider their decision and approve our proposal. Respectfully, ?OLYC, ON NOKTI'BVEST ¢r REC'D ,fi, APR 1 9 1999 IOD MEMO TO: FROM: SUBJECT: City Council through City Administrator Public Works Program Manager ,~,-~,~---~ Emergency Repair of Pump for Centennial Well DATE: May 3, 1999 RECOMMENDATION: Approve a contract with Queen City Pump for emergency repair of the pump at Centennial Well for $7,521.00. BACKGROUND: Queen City Pump had removed the motor and pump at Centennial Well located on National Way to perform preventative maintenance on the motor and to install sensing equipment to determine static water levels in the well. Routine inspection of the pump when it was removed for the above work revealed bearing and shaft wear well in excess of what would normally have been anticipated. The pump had not been removed since the well was completed in 1988. Queen City Pump felt that the excess wear was the result of mineral deposits that built up on the pump shaft and bearings during the months where water demand is Iow and the pump is infrequently used. The wear on the shaft and bearings is significant enough to require immediate repair. There is also a cost savings doing the repair when the pump is already removed from the well With the summer high water use time imminent there is not sufficient time to go thru the normal process of preparation of specifications and advertising for bids. The pump shaft and bearings will have to be ordered which will take additional time and increases the urgency of getting the repair process started as soon as possible. Queen City Pump was requested to provide a quote for replacement of the shaft and bearings on the well pump. Their quote was for $7,521.00. Queen City has done work for the city in the past and the price quoted is in line with similar work done in the past corrected for inflation. Staff is requesting that an emergency repair contract be approved for Queen City Pump in the amount of $7,521.00 for the repair of the Centennial Well Pump. IOE May 10,1999 TO: FROM: SUBJECT: Mayor and City Council John C. Brown, City Administrator Cost Apportionment for Arney Road and Highway 219 Traffic Signal Improvements - Woodburn Company Stores Recommendation: It is recommended the City Council: Allow the applicant to proceed with an agreement in lieu of assessments (the functional equivalent of an Local Improvement District) as the mechanism to complete the financing of the Amey Road and Highway 219 Traffic Signal improvements within the following perameters: The applicant would still be required to complete the necessary improvements prior to issuance of occupancy permits for the Woodburn Company Stores project; b. The fair share cost apportionment will reflect: the ratio of land area per benefited property to the total land area benefited, for the Highway 219 traffic signal improvement; and a combination of square footage and Arney Road street frontage for the Arney Road improvements; No additional public funds would be committed to complete the improvements, either in the form of apportioning a cost of the Amey Road or Traffic Signal improvements to the City of Woodburn and/or requiring the City to advance financing for those improvements on behalf of any benefited property. Background: In 1992, the City Council approved a Comprehensive Plan and Zone Map amendment on the property upon which the Woodburn Company Stores project is being constructed. Conditions of approval in 1992 required the applicant to extend Arney road to Woodland Avenue. 1992 conditions of approval were incorporated in the City Council's 1998 approval of the Woodburn Company Stores project. Added conditions were imposed in 1998 which required the applicant install a traffic signal the intersection of Highway 219 and Woodland Avenue using the applicant's proceeds and those of Mayor and City Council May 10, 1999 Page 2. 10E previously conditioned applicants and other subsequently benefited properties, and funds from any local improvement district (LID). That condition provided if an LID were not approved, the applicant would abide by the cost sharing decision of the City Council. Most recently, the applicant held two meetings at City Hall in March 1999 to discuss a cost sharing arrangement with representatives of properties benefited by the signal and Amey Road improvements. Representatives of the applicant and some of the benefited properties located within the City attended these meetings. Absent from the meeting were any representatives of the Moore Clear Company, properties outside the City, and ODOT. The consensus of those attending the meeting appeared to be that: · The applicant chose not to initiate the formation of and LID, due to cost and timing considerations; · Benefited properties, for the purpose of cost sharing should include properties with no previous conditions to share in the cost of improvements (Miles Chevrolet), properties within the UGB but outside City Limits (Stampley and Sprague), and property owned by the State (ODOT); · A reimbursement district would be a viable means of creating a mechanism to collect the cost of improvements from benefited property owners. Enforcement would be the City's responsibility, and would take the form of development restrictions for properties failing to pay reimbursements; · It should be the City's responsibility to obtain any right-of-way, and wetland approvals needed to make the Amey Road improvements. A cost sharing formula for each project was accepted by those at the table. Attachments 1 and 2 reflected those formulas. It was acknowledged by those in attendance that the property owners who were not in attendance would most likely not want to participate in the reimbursement district, and it was proposed the City advance the funding needed to cover the costs apportioned to those properties. That cost sharing proposal was forwarded to the City the following week (Attachment 3). Discussion: Staff'expressed serious concerns regarding the March 1999 proposal. Concerns regarded the limits of City jurisdiction in extending a duty to reimburse to properties outside city limits and those owned by state agencies, and any arrangement whereby the City pays or advances public money to complete the improvements required of the Company Stores project. City staffhad fewer concerns with right-of-way and wetland issues, and has in fact obtained the right-of-way that is needed. Staff is also working to obtain wetlands approvals, and expects to receive those shortly. The City Attorney provided a legal opinion on the issues involved in this matter, and the legal limits of a reimbursement district. A copy of his opinion and its attachments Mayor and City Council May 10, 1999 Page 3. IOE are included as Attachment 4 to this report. The City Attorney concluded a reimbursement district, as proposed by the applicant, is limited as a mechanism to replace an LID because it could not legally be extended to properties outside the City's jurisdiction and would not create a legally binding obligation on ODOT. The City Attorney recognized that there is no legal mechanism to enforce reimbursement requirements if properties in the district did not subsequently seek development approvals or permits from the City. He also pointed out that the Council has a fiduciary responsibility to taxpayers to avoid committing city funds to make a loan when there is little likelihood the loan will be repaid. This information was conveyed to Craig Realty Group (the applicant), who accepted the attorney's opinion. Staff'and Craig's attorney then undertook efforts: · Develop a reimbursement district scenario to include only those properties that could legally be included in the district; · Consider establishing concurrent reimbursement districts in and out of the City limits, with county approval; and · Create a development agreement mechanism to accommodate collection from benefited parties, as an alternative to the reimbursement district approach. Ultimately, Craig decided to pursue the development agreement alternative to collect the costs of the contemplated improvements (Attachment 5). City staff'took the lead in drafting a development agreement. A copy of that draR was provided to Craig's attorney for review. A copy of that draft is provided as Attachment 6 for the Council's information. On April 22, 1999, a revised cost sharing allocation for Amey Road improvements was provided by Craig (Attachment 7). Properties proposed to be party to the cost sharing are the: Baker property Moore Clear Co. Parcel 1 Moore Clear Co. Parcel 2 Craig Realty Group, Phase 1 Craig Realty Group, Phase 2 Hershberger Motors property The allocation shown in Attachment 7 uses the formula the Council is being asked to approve as the fair share apportionment for the Amey Road improvements. A revised cost allocation for the traffic signal to be installed at Highway 219 and Woodland Avenue was not provided by the time this report was prepared, but uses an apportionment based on the ratio of land area per benefited property to the total land area benefited. That Mayor and City Council May 10, 1999 Page 4. IOE apportionment includes the same parties, and includes Waremart, which was conditioned with its development approvals to pay a share of the costs of the signal. Craig anticipated, in providing cost sharing allocations, that the City will advance payments on behalf of the Moore Clear Company parcels. Staff has consistently indicated the City is not willing to obligate any funds to this project, or advance funds on behalf of any benefited property. Following receipt of the April 22~ revision, staff contacted Craig to determine why Arney Road costs had increased significantly from $450,000 from March 1999 to $700,000 in the April 22~ revision. Staffwas advised April costs are based on the construction bid for the work, as opposed to the preliminary estimate provided by Craig Realty Group. Staffwas also advised that the actual cost of Arney Road improvements will be $825,000 rather than $700,000. Construction Bid documents were provided to City Staffon May 6, 1999for review (Attachment 8 ). As of the writing of this report, Public Works staffwas reviewing the bid information. Craig also advised Staffthat the costs of the traffic signal have changed, but the change represents a decrease from original estimates. Revised schedules for both improvements have not yet been provided by Craig, but are anticipated before Monday night's meeting. As of the writing of this report, it did not appear that Craig had held any conversations with the benefited properties regarding the changes in construction cost estimates since March 1999. Conclusion: The City Council will be asked to approve a fair share distribution of costs to a limited number of property owners as an alternative to forming an LID. The Council will also be asked to approve the concept of a development agreement as the mechanism for insuring reimbursement of improvement costs by the benefited properties. It would be the responsibility of the applicant to see that this agreement is executed by the property owners. There may be some opportunity, after staff's review of the bid documents to reduce construction costs to be apportioned. Consequently, it is recommended that your Council approve the fair share distribution formulas, and participants in cost sharing, rather than a set cost per participant. It is expected the actual cost of improvements, as opposed to estimates, will be passed onto those properties identified in the development agreement as having a fair share apportionment of costs. JCB ~0~~0 ~0000000 ~0~0~ 0~~0 ~ ~~0 ATTACHMENT Page ~- of, IOE March 19, 1999 ATTACHMENT_ Page ._L_ of CI~IG R[ALTY GROUP 10E 1999 Mr. John Brown City Administrator City of Woodbum 270 Montgomery Street Woodbum, OR 97071 Re: Cost Sharing and Payment Plan Arney Road and Woodland Avenue Widening Dear John: VIA OVERNIGHT COURIER I have enclosed a "Revised" Breakdown of Cost Sharing, dated March 16, 1999, relating to future roadway improvements to Arney Road and Woodland Avenue. The revised breakdown incorporates all the agreed upon points from our March 9, 1999 meeting which took place in the Conference Room at City Hall. The revisions to the breakdown include the following: The Stampley and Sprague properties will be included in the cost sharing plan; however, the acreage amounts shall be adjusted to include only "net usable acreage" and not land areas which are encumbered by wetlands. ODOT's 1.74 acre parcel would be included in the cost sharing plan, as a future purchase of such land would directly benefit from all roadway improvements. 3. An L.I.D. will not be formed as an altemative for payment. Please note that the cost estimate, $450,000, is just that, an estimate. The proposed improvements are currently "out for bid" and are expected in the next three (3) weeks. It was further understood that it would be the City of Woodbum's Public Works Department's responsibility to obtain all wetland approvals as well as obtaining the right of way for a small portion of land owned by Moore Clear Co. 15(X) Quail Street, Suite 100, Newport Beach, California 92660 949. 2244100 Fax: 949. 224-4101 Mr. John Brown March 19, 1999 Page - 2 - IOE Mr. Hershberger, Mr. Baker and I believe the revised allocation represents a "fair and equitable" sharing for such roadway improvements. The above-mentioned property owners are willing to pay their outlined share of costs, in advance, so as to allow timely completion of such improvements. Such advance payments by Hershberger, Baker and Craig are subject to the City of Woodburn paying the portion of costs which other benefitting property owners are not wiling to pay at this time. Mr. Hershberger, Mr. Baker and I believe that the City of Woodburn is in the best position to collect and condition from such properties their outlined portion of the improvement costs. All such cooperating property owners are anxious to complete such roadway improvements prior to the scheduled opening of Woodbum Company Stores on July 15, 1999. I/we respectfully request that the above-mentioned cost sharing/payment plan be presented to the City Council at your earliest convenience. As was the case with the previous work relating to the traffic signal cost sharing, I believe that my efforts with respect to the roadway cost sharing more than satisfy the City Council's condition as to using my best efforts to find a "fair cost sharing plan". Thank you for your time and consideration. Sincerely, · ven L. Steve/Woodburn/Brown316 CC.' Mayor Richard Jennings Dale Baker Warde Hershberger Terry Hepner Frank Tiwari Steve Ward Gary Katsion Michael C. Robinson, Esq. IOE ATTACHMENT_ Page_ 1_ of ~,, CITY OF WOC 270 Montgomery Street · Wooclburn, Oregon 970/1 · TDD (503) 982-7433 · FAX (503) 982-5244 IOE MEMORANDUM OPINION NO. 99-02 TO: FROM: Mayor and City Council John Brown, City Administrator. tjl~ N. Robert Shields, City Attorne, RE: Cost Sharing Proposal for Woodburn Company Stores Improvements DATE: March 24, 1999 I. Background As the Woodburn Company Stores project approaches its scheduled opening date, certain questions have arisen concerning the installation of the traffic signal to be located at the intersection of Highway 219 and Woodland Avenue and the construction of the roadway improvements to Arney Road. The purpose of this opinion is to address these issues so that they may be resolved by the City Council. II. What the Conditions of Approval Provide A. Traffic Signal A condition of approval contained in the City Council's 1998 land use decision on the Woodburn Company Stores provides as follows' The applicant shaft install a traffic signal at the intersection of Woodland Avenue and State Highway 219, using applicant's proceeds, as weft as those of previously conditioned applicants, and other subsequently benefited properties, and funds from any local improvement district ("LID"). In the event the LID is not approved, the applicant shaft abide by the cost sharing decision of the City .Council. The installation of the signal shall be subject to ODOT MEMORANDUM OPINION 99-02 March 24, 1999 Page 2 approval. (1998 Approval, Attachment B, Page 45) This condition placed the responsibility for installing the traffic signal on the applicant but assumed that other property owners would share the cost through the establishment of a Local Improvement District ("LID"). It further provides that if an LID is not approved, the applicant shall abide by the cost sharing decision of the City Council. B. Arney Road Improvements The applicant's obligation concerning the Arney Road improvements is partially contained in the City Council's 1992 comprehensive plan and zone map amendment approval on the same property. This 1992 decision had a condition of approval which required the applicant to pay its "fair share" of the extension of Arney Road to Woodland Drive and more specific street conditions related to the extension of Arney Road. The City Council's 1998 land use decision on the Woodburn Company Stores referenced the 1992 decision and contained a specific condition regarding cost sharing on the Arney Road improvements. This condition provides: To accomplish the port/on of the project for which costs are to be shared by other benefited properties, a formal city LID process shall be followed. Exhibits "A" and =B~ demonstrate a possible method of sharing costs within the liD. In the event the lid is not approved, the applicant shall abide by the decision of the City Council as to pro/ect transportation improvement cost sharing. (1998 Approval, Attachment B, Page 46.) As with the traffic signal, the responsibility for installing the Arney Road improvements is on the applicant. Likewise, the condition in the 1998 approval assumed that other property owners would share the cost through the establishment of a Local Improvement District ("LID"). If an LID is not approved, the condition states that the applicant shall abide by the decision of the City Council as to project transportation improvement cost sharing. III. The Alternative Cost Sharing Mechanism Proposed by the Applicant Recently, the applicant has proposed that the City Council consider a cost sharing alternative to the LID process provided for in the conditions. This proposal is ~:~ . ',~5.','~:~.'~-'~" ~ ' ;~,~'"~ '~' ~-~'~d: ~ ~'t,~~ ~"~ -~;.~.,. '. "",'~ ~::'.w'~:,k ':."~-.':~'.~- - · ., .~,-~ MEMORANDUM OPINION 99-02 March 24, 1999 Page 3 IOE contained in the March 12, 1999 letter to John Brown from Steven L. Craig (attached as Exhibit A), the March 12, 1999 letter to John Brown from Michael C. Robinson (attached as Exhibit B), and the March 19, 1999 letter to John Brown from Steven L. Craig (attached as Exhibit C). The terms of these letters speak for themselves and will not be reiterated here. A. Policy Component As pointed out above, the relevant approval conditions state that if the LID is not approved, the applicant shall abide by the decision of the City Council as to the cost sharing on the improvements. The applicant states in the letters that an LID will not be formed as an alternative for payment. It will, therefore, be up to the City Council to make the cost sharing determination. There is an important policy component in making this decision because the City Council must determine to what degree the public interest is served by the public improvements. This question is clearly the prerogative of the City Council to answer, as elected officials. However, my responsibility as City Attorney is to advise the City Council as to the legal concerns. Since public funds are involved, the City Council has a duty to follow the law and safeguard the public's interest. B. Le.qal Concerns 1. The City has No Legal Authority to Impose a Reimbursement Fee on ODOT Property The applicant has included a non-right-of-way parcel owned by the Oregon Department of Transportation (ODOT) in his cost sharing calculations. The proposed reimbursement ordinance submitted by the applicant's attorney, Michael C. Robinson, contains language giving the City the power to include the State in a reimbursement district and charge to its property a reimbursement fee when it develops. The proposed ordinance language giving the City the authority to include ODOT in the reimbursement district is not typically contained in municipal reimbursement ordinances because it is contrary to state law. ORS 223.770 provides that public property benefited by improvements is legally subject to special assessment. That statute provides as follows: 223. 770 Assessment of public property benefited by improvements. (1) Whenever all or any part of the cost of public improvements made by any governmental unit is to be assessed to the property benefited · ' ~ · ' "' ' :';i~. "' ". ..... '~7 · ~ ,;'~ IOE MEMORANDUM OPINION 99-02 March 24, 1999 Page 4 ATTACHMENT Page ~ of thereby, benefited property owned by the governmental unit, city, county, school districts shall be assessed the same as private property and the amount of the assessment shall be paid by the governmental unit, city, school districts, county or state, as the case may be, provided that the costs of the improvements are, in any given case, of the type that may be bonded under ORS 223. 205 and 223.210 to 223.215. (2) in the case of property owned by the state, the amount of the assessment shall be certified by the treasurer and fi/ed w/th the Oregon Department of Administrative Services as a c/aim for reference to the Legislative Assembly in the manner provided by ORS 293.316, unless funds for the payment of the assessment have been otherwise provided by/aw. Similarly, ORS 307.090 (1) exempts the State's property from taxation, "except as provided by law." While a special assessment could be charged against the ODOT property if the applicant had used the LID process, the fee imposed by the proposed reimbursement ordinance does not constitute a special assessment and cannot be legally imposed against the State. The terms of the proposed reimbursement ordinance itself state that no assessment or lien is being imposed (see Sections 5A and 8). The Oregon Attorney General has advised the State on several occasions that its agencies are legally exempt from municipal ordinances which attempt to collect a fee or tax without actually imposing a special assessment against benefited property. Atty Gen Op No OP-6091 (1987); Atty Gen Op No 6097 (1987). 2. The City has No Legal Authority to Impose a Reimbursement Fee on Property Outside of the Incorporated City Limits The applicant has also included parcels which are located outside of the incorporated city limits in his cost sharing calculations. The proposed reimbursement ordinance submitted by the applicant's attorney, Michael C. Robinson, contains language requiring the out-of-city properties to pay the reimbursement fee as a condition of future annexation. (see Sections 8 and 101) The proposed ordinance language giving the City the authority to include ODOT in the reimbursement district is not typically contained in municipal reimbursement ordinances because it is contrary to state law. Fundamentally, an incorporated . ::,.,=.'. '' . ~v'- : .'.'~';'~" ,, · , ' - .-'-' ~' '~ ~', :' ~ /': :':'." : · ' ', ' "i "' ' ~= "~* ~;,~d~' ' ~:~' IOE MEMORANDUM OPINION 99-02 March 24, 1999 Page 5 ATTACHMENT Page 5, of~? city can only act outside of its boundaries when it is explicitly given that power by the State. Extraterritorial power can never be implied but must be clearly expressed. City of Eugene v. Nalven, 152 Or App 720, 955 P2d 263 (1998). It is clear that if the applicant had used the LID process, the City would have no legal ability to include the out-of-city properties for cost sharing. This was specifically decided in City of Klamath Falls v. Lewis, 24 Or App 703, 546 P2d 1113 (1976) where the Oregon Court of Appeals invalidated assessment liens imposed by that city against out-of-city properties. In that case, the City of Klamath Falls argued that the general state statue allowing cities to acquire property for streets located outside the city limits gave it the legal authority to impose out-of-city assessments. The Court ruled against Klamath Falls and held that the statute did not grant the needed specific authority. The proposed language in the reimbursement ordinance purports to create a legal obligation requiring a future City Council to impose a cost sharing condition on future annexation approvals. Based upon the existing case law, this ordinance language is outside the City's legal authority. 3. If the City Attempts to Impose a Reimbursement Fee on Properties that have Already Been Developed, the City Council should Anticipate Challenges to the City's Legal Authority to do this and Problems with Collection The proposed reimbursement ordinance submitted by the applicant's attorney, Michael C. Robinson, contains the following major provisions: (1) The applicant or the City applies to initiate a reimbursement district. (2) The Public Works Director prepares a technical report on the cost of the public improvement, the proposed boundary of the district, and a methodology whereby the properties within the boundary will each be charged a fee based upon the measured benefit. (3) The City Council conducts public hearings where the property owners are given an opportunity to be heard. (4) The City Council passes a resolution establishing the reimbursement district. and providing that payment of the reimbursement fee, as designated for each parcel in the district, is a precondition of receiving city'development permits. ..... : ~-,;:" .i,~ i. .(5) The City notifies the property owners within the d~strict that the resolution . MEMORANDUM OPINION 99-02 March 24, 1999 Page 6 ATTACHMENT Page G of creating the district has been passed, the amounts of the reimbursement fees to be collected against each property, and when the fees are payable. (6) The City enters into an agreement with the applicant setting out the fees to be paid by the each of properties within the reimbursement district. (7) The City Recorder files notice of the creation of the reimbursement district in the County Clerk's office. This filing does not technically constitute a lien but does encumber title to each of the involved real properties. (8) The reimbursement fee is normally payable to the applicant at the time a developing property seeks a permit from the City. (9) If reimbursement fees are unpaid~ the ordinance provides a process where the City can collect the fees. One major legal concern for the City should be the applicant's proposal for the City to include within the reimbursement district properties which have already been developed and to then impose an additional fee on these properties. In these situations with developed property no permit will be required by the City for the property to receive the benefit of the public improvement and this will make collection difficult. A far more serious legal problem, however, is that the owner of the developed property can be expected to maintain that the City has no legal authority to exact a fee through a reimbursement district since no condition was imposed on the property at the time of development and no new development is occurring. On the other hand, the applicant can be expected to argue that the developed property's reimbursement fee is due and payable when the public improvement is installed and that the City is under an obligation to collect the fee. The City will then be caught in the middle. 4. If the City Council Decides to Use a Reimbursement Ordinance Instead of an LID as the Legal Mechanism for Cost Sharing, the Proposed Ordinance Must be Modified to Adequately Safeguard the Public Funds. a. Discretion to Determine Public Purpose / Duty to Safeguard Public Funds In order to expend public funds, the City Council must make a determination that expenditure of the funds will promote a public purpose. The City Council has a IOE MEMORANDUM OPINION 99-02 March 24, 1999 Page 7 ATTACI-J.MENT~ tremendous amount of legal discretion in this regard. Although the expenditure of public funds might also benefit a private party, it still constitutes a legal expenditure if it serves a public purpose and benefits the public in general. Atty Gen Op No 6910 (1972); Atty Gen Op No 8195 (1982). Without question, the expenditure of public funds to complete a public improvement is a legal use of public money and within the policy making authority of the City Council. However, City Council members, and all public officials, also have a fiduciary duty to the citizens who elected them to safeguard public funds. See Lane County v. Wood, 298 Or 191, 691 P2d 473 (1984). Under ORS 294.100, public officials can be held civilly liable, on an individual basis, for the expenditure of public funds for a different purpose than provided by law. The relevant language of this statute provides: 294. 100 Public official expending money in excess of amount or for different purpose than provided by law (1) It is unlawful for any public official to expend any money in excess of the amounts, or for any other or different purpose than provided by law. (2) Any public official who expends any public money in excess of the amounts, or for any other or different purpose or purposes than authorized by law, shall be civilly liable for the return of the money by suit of the district attorney of the district where the offense is committed, or at the suit of any taxpayer of such district. I am not concerned, legally, about the City Council's ability to contribute money directly to a public improvement, based upon its policy determination. However, I am extremely concerned about the applicant's' proposal to have the City Council authorize the payment of public money to the applicant "up-front" for the share of all of the properties that the applicant claims are "benefited". As I have demonstrated above, a significant number of these "benefited" properties can nOt be legally charged a reimbursement fee by the City. Therefore, my concern is that the City Council should not pay public money to the applicant when it knows in advance that a significant portion of this money will never be reimbursed. Along this same line, you should review carefully the language of the applicant's attorney, Michael C. Robinson, in his letter to John Brown dated March 12, 1999. (Attached as Exhibit B). In that letter, Mr Robinson states: / However, i have not included a provision allowing the city to assume the monetary.obligation of a benefiting property owner under a reimbursement district, ff your City Attorney believes that Such a · . ~ '~.~r:.';x ~ :~ "G~ -..~'~"'"..-~-', ,~ ~ '" ~ ~ ~"' *;" ~' ~" '"~"; , 'IOE MEMORANDUM OPINION 99-02 March 24, 1999 Page 8 ATTAOJ~MENT ~ provision could safely be included in the ordinance, please ask 8ob to call me and we can discuss the appropriate language. (Exhibit B, p. 1) Like Mr. Robinson, I am concerned about the legality of such a provision and would advise the City Council not to include it in the ordinance, b. Modifications that are Legally Necessary to the Applicant's Proposal If the City Council allows the applicant to proceed with a reimbursement district ordinance, as an alternative to the LID process provided for in the conditions of approval, I would advise the City Council to make the following mOdifications: First, the ODOT property should be removed from the proposed reimbursement district. Under the proposed ordinance, the reimbursement fee does not constitute a special assessment and the City has no legal authority to exact a reimbursement fee from ODOT. Second, the properties located outside of the city limits should be removed from the proposed reimbursement district. Under state law, the City has no legal authority to exact a reimbursement fee from out-of-city properties. Third, properties that have already been developed and will require no development permits should be removed from the proposed reimbursement district. If left in the district, it can be anticipated that the owners of these properties will maintain that the City has no legal authority to exact a fee from these properties because the development has already occurred and no condition was imposed on the properties at the time of development. Fourth, the reimbursement ordinance should be modified so that, for the properties that can be included in the reimbursement district, it is the applicant - and not the City - that runs the risk of not being reimbursed. Originally, the applicant agreed to complete the improvements, at his cost, and then be partially reimbursed through an LID. Having the applicant assume this risk is consistent with the original condition and with all other municipal reimbursement ordinances which I am aware of. Under a typical reimbursement ordinance it is the applicant, and not the City, who assumes the risk of non-reimbursement. Fifth, strong provisions should be .incorporated within any reimbursement ~'; -. ordinance which eliminate the City's legal obligation to collect unpaid MEMORANDUM OPINION 99-02 March 24, 1999 Page 9 ATTACHMENT ~ Page ~ of reimbursements and completely insulate the City from legal liability. Finally, all of the necessary forms referenced by the reimbursement ordinance should be drafted prior to the approval of the ordinance so that there is no dispute over the provisions that they contain. CC: Frank Tiwari, Public Works Director Steve Goeckritz, Community Development Director March 12, ! 999 CK~,I~, RI MI'5 GRot,l' 1999 ATTACHMENT, Page ID of- IOE Mr. John Brown City Administrator City of Woodburn 270 Montgomery Street Woodbum, OR 97071 VIA 0 VERNIGHT DELIVER Y Re: Traffic Signal Cost Sharing and Payment Plan Dear John: Enclosed please find the "Revised" Breakdown of Cost Sharing, dated March 9, 1999, for the future traffic signal which is to be located at the intersection of Highway 219 and Woodland Avenue. The revised breakdown incorporates all points which were brought up as part of our March 9, 1999 meeting at the City Council Chambers which include the following: All properties within the UGB, namely Stampley and Sprague, would be included in the revised schedule. 2. Miles Chevrolet would also be included in the revised breakdown. ODOT's 1.74 acre parcel would also be included in the revised breakdown as a future purchaser would derive the benefit of such traffic system improvement. The cost estimate for the signal would be lowered to $160,000 from the previous amount of $200,000 to more accurately reflect the anticipated cost of installation. 5. An L.I.D. will not be formed as an alternative for payment. From the perspective of private property owners who attended the meeting (Waremart. Craig Realty Group, Warde Hershberger and Dale Baker), we believe that the revised allocation represents a "fair and equitable" sharing of cost for such proposed traffic signal. The property owners mentioned above are willing to pay such proportionate costs, as outlined in the revised schedule, up front, in an effort to allow timely completion of such traffic signal. Payments by such cooperating property owners are subject to the City of Woodburn paying the outlined costs for such property owners listed on the revised Cost Sharing Breakdown, highlighted in yellow, who currently do not wish to pay 15(X! Quail Street. Suite lOlL Nc'~vlx,rt Beach. Calif¢}rnia 949. 224-4 I00 I::ux: 9-~,~. 224-4 Ill l Page-.t--. of._."~ .... IOE Mr. John Brown March 12, 1999 Page - 2 - ATTACHMENT Page ./,.L.-- of their fair share at this time. We (the private property owners who attended the March 9, 1999 meeting) believe the City of Woodbum is in the best position to both condition and collect such proportionate monies at the time which future development takes place on the properties which such owners do not wish to participate. Furthermore, such cooperating property owners have, on a combined basis, expressed a willingness to pay $119,471 of the estimated $160,000 in costs. When combined with the amount Craig Realty Group has paid, approximately $30,000 in signal design costs which will not be reimbursed or shared by other property owners, the total percentage of cost covered in this proposal is approximately 80%. Both the other cooperating property owners and I are anxious to complete the signal installation prior to the scheduled opening of Woodburn Company Stores, which is currently scheduled for July 15, 1999. Therefore, I/we respectfully request that you bring the proposed cost sharing/payment program to the City Council for their review and consideration at your earliest convenience so as not to delay the signal installation. I believe that the work that I have done over the last seven (7) months in connection with the apportionment of costs for such signal fully satisfies the Council Condition placed on the Woodbum Company Stores development to "use our best efforts to fred a fair cost sharing proposal for the benefitting property owners". I thank you for all the time and effort you have expended with respect to this important matter. rely,/~ /saw Stcve/Woodbum/Brown311 Enclosures CCl Gary Katsion (w/enc) Steve Ward Mayor Richard Jennings Terry Hepner Paul Simmons Dale Baker Frank Tiwari VvVV VVVV ATTAOI.JMENT~ Page~of ~ _ IOE I~XHIBIT., ~ Page--2-- of ~ IS:U( I-KUM-blUtL I<lVta =u=-[~u-~4ou ,-ol i r.uA/la r-ul~ STOEL RIVES ATTO~z~ 3'l'.a~O.sd[O 1NSI$~,~CE e'f. lqTER 'rOD (~) 221-1~5 M~ch 12, 1999 ATTAOHMENT~ Page ~ of ~ IOE VIA FACSIMILE Mr. John Brown City Administrator City of Woodbum 270 Momgomery Street Woodbum, OR 97071 MICFL~EL C. ROBINSON Direct Dial (503) 294-9194 mcrobinson~,l~el.com Re: Proposed Reimbursement District Dear Mr. Brown: Please find enclosed the proposed Reimbursement District for your review. I would appreciate receiving comments from you, the City Attorney and o~her city staff as soon as possible. My cliem would like to see the reimbursemem district placed on the next available City Council agenda. I would like the City Council to consider adopting the reimbursement district by emergency ordinance so that it becomes cffective immediately. Thc adopting ordinance should revoke the existing reimbursement district ordinance. I have included m this ordimnce a provision Lhat non-right-of-way state property may be included in a reimbursement district and that an established reimbursement district shall be amended as a condition of annexation approval in order to include those benefiting properties that enter the city after the public improvement is constructed. However, I have not included a provision allowing the city m assume the monetary obligation of a benefiting property owner under a reimbursement district. If your City Attorney believes that such a provision could be sat'ely included in the ordinance, please asr Bob to call mc and we can discuss the appropriate language. EXHIBIT ~ Page ( ,of //+ i~DX~A-165196 t ~ggg~ooOe STOEL RIVES Mr. lohn Brown March 12, 1999 Page 2 ATTAOHMENT~ As with everyThi_~g concerning Woodbum Company Stores pending opening date, time is of the essence, so my client would very much appreciate this matter being handled as quickly as possible. Vcry truly yours, Michael C. Robinson MCR: ipc Enclosure CC: Mr. Steve Craig (via facsimile) (w/encl.) Mr Terry Hep~r (via facsimile) (w/encl.) Mr. N. Robert Shields (via facsimile) (w/encl.) Mr. Donald Kelley (via facsimile) (w/encl.) I~)XIA-16SS06 L · 0909~,m~ Paoe.~.- of_ ! ~ - 15:08 FRO~'$TOEL RiYE$ bU~-~ZU-[4UU I-u¢i r.U4/ib P-OB1 IOE Mr. loire Brown March 12, 1999 Page 3 ATTAOH_MENT Page ~- of ~ Note: Don is an attorney in Silvenon. EXHIBIT, _. Page ~ of ~ ~ 10E ORDINANCE NO. WOODBURN, OREGON ATTACI-JMENT Page ~ of ~ AN ORDINANCE OF THE CITY OF WOODBURN, OREGON ESTABLISHING A PROCESS FOR THE FORMATION OF REIMBURSEMENT DISTRICTS. WHEREAS, a person or emi~ may consmact street, wa~er and sewer improvements which benefit other property owners and relieve those other property owners of the requirements of installing such improvements; and WHEREAS, the City Council ftnds uhat a process should be implemented to impose a connection charge on other property owners who are benefitted by such street, water and sewer improvements and r.o reimburse the person or entity who caused their installation; now, therefore; THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1: Ordinance. The following terms are defined as follows for the purposes of this "Director of Public Works" or "Director" means the Director of Public Works or any officer or employee designated by that person to perform the duties stated within this Ordinance. B. "City" means the City of Woodburn. "Person" means a natural person, the person's heirs, executors, administrators or assigns: a fwrn. parmership, corporation, association or legal entity, its or their successors or assigns; and any agent, employee or representative thereof. -Applicant" means a person who is requh-ed or chooses to f'mance some or all of the cost of a street, water or sewer improvement which is available to provide service to property, other than property owned by fine person, and who applies to the City for reimbursement for the expense of the improvement. The "applicant" may be the City. "Development Permit" means any final land use decision, limited land use decision, expedited land division decision, partition, subdivision, annexation, Oxiveway permit or any other city permit allowing development, redevelopment, alteration, modification or change in use of any and or building. Ordinance No. Page 1 PDXIA-I65910 I 999~9~6 Ko Lo ATTACHMENT-- ~ Page /'7 of o2'~ -Street Improve" means a s~reet improvement conforming with the standards of the city of Woodburn or with conditions of approval in any city final order, and including but not limited to streets, storm drains, curbs, g.uuers, sidewalks, bi~ paths, traffic control devices, street trees, lights, signs and dedication of public right-of-way. "Water Improvetnen/" means a water improvement conforming with t.he standards of th~ city of Woodbum, and including but not limited to ex.riding a wa~r line to property, other than property owned by th~ applicant, so that water service can b~ provided for such other property without further extension of the line. "Sewer Improvement" means a sani~'y sewer or storm sewer improvement conforming with the standards of the city of Woodburn, and including but not limited to extending a sewer line to property, other than property owned by the applicanI, so that sewer service can be provided for such other property without further extension of the line. "Public Improvement" means any construction, reconstruction or upgrading of war, r. sewer or street improvements- -Front Footage" means the linear footage of a lot or parcel owned by an intervening property owner which is served by a reimbursement district public improYement and on which the intervening property owner's portion of the reimbursement may be calculated. Front footage shall be the amount shown on the most recent county tax assessor maps for the intervening property or, in the event such information is not available, any other reasonable method established by the Director of Public Works for calculating front footage. Front footage includes the property owned by the applicant, but excludes/he front footage of property owned by the City, including rights-of-way. -Reimbursement Agreement" means the agreement between an applicant and the City which is authorized by the City Council and executed by the City Administrator, providing for the Lrsstallation of and payment tbr reimbursement district public improvements. -Reimbursement District" means the area which is determined by the City Council to derive a benefit from the construction of street, water or sewer improvements, financed in whole or in part by the. applicant and including property which has the opportunity ua utilize the public improvement. -Reimbursemem Fee" means the fee required TO be paid by a resolution of the City Council and the reimbursement agreement. The City Council resolution and IOE Ordinance No. Page 2 EXHIBIT ~- , - Page ~ of~ Section 2. A. ATTAC).;i~ E NT_/./- Page/~ of-':.2 ~ reimbursement agreement shall determine the boundaries of the reimbursement district and shall determine the methodology for imposing a fee which considers the cost of reimbursing the applicant for f'mancing the construction of a street, water or sewer improvement within the reimbursement district. "Utilize" means to apply for a building permit which will use or increase the use of a public improvement, to connect to a public improvement, or to otherwise increase the use of an improvement. Application To Establish a Reimbursement Dislric{ A person who is required to or chooses to finance some or all of the cost of a street, water or sewer improvement which will be available to provide service to property other than properly owned by the person may by writ'ten application filed with the Director of Public Works request that the City establish a reimbursement district. The street, water and sewer improvement must be of a size greater than that wtfich would otherwise ordinarily be required in connection with an application for a building permit or development permit or must be available to provide service to property other than property owned by the applicant. Examples include but shall not be limited to full street improvements instead of half street improvements, off-si~e sidewalks, connection of street sections for continuity, pump stations and the extension of water and sewer lines. The application shall be accompanied by a lee, as established by resolution, sufficient to cover the cost of administrative review and notice pursuant to this Ordinance. 2. The City may initiate establislanent of a reimbursement district. The application shall include the following: A written description of the location, type, size and cost of each public improvement which is to be eligible for reimbursement. A map showian, g the boundaries of the proposed reimbursement district, the tax account number of each property, its size and boundaries. A map showing the proper-des to be included in the proposed reimbursement district; the zoning district for the properties; the front footage or square footage of said properties, or similar data necessary for calculating the apportionment of the cost; the property or properties owned I0E Ordinance No. Page 3 ED(HIBI~ Page ATTACHMENT ~ Page Iq of by ~ appl~; ~ ~ ~cs and mailing addresses of owne~ of o~er pro~mes to ~ included in ~e proposal re~bursement d~mc[. Post-construction: The actual cost of [he improvements as evidenced by receipts, invoices or other similar documents. Pre-construction: The estimated cost or' the improvements as evidenced by bids, projections of the cost of labor and materials, or other evidence satisfactory to the Director or Public Works. o Post-construction: Pre-construction: improvements. The date the City accepted the public improvements. The estima£ed date of completion of the public The application may be submitted to the City prior to the installation of the public improvement but not later than 180 days after completion and acceptance of the street, water or server improvements. The Director of Public Works may waive this requirement upon the showing by the applicant of good cause of the delay, that the delay was not created by the applicant, and that the delay ,,vas unavoidable due to unanticipated or unforeseen circumstances. Section 3. The Director of Public Works's Repor~ The Director of Public Works shall review the application for the establishment of a reimbursement district and evaluate whether a district should be established. The Director may require the submission of other relevant information from the applicara in order to assist in the evaluation. The Director shall prepare a written report for the City Council that considers and makes a recommendation concerning each of the following factors: Ao Wherlaer the applicant will finance, or has financed some or all of the, cost of a street, water or sewer improvement, thereby making service available to property, other than that owned by the applicant, B, The boundary and size of the reimbursement district. The actual or estimated cost of the public improvement within the area of the proposed reimbursement district and the portion of ~he cost for which the applicant should be reimbursed for each public improvement. Do A methodology for spreading the cost among the properties within thc reimbursement district and, where appropriate, defining a 'unit" for applying the reimbursement fee to property which may, with City approval, be partitioned, subdivided, altered or modified at some furore date. IOE Ordinance No. ~ Page 4 PDX1A-165910.1 ~ EXHIBIT_. '~ Page '-/ of I¢ Section 4. A. Do ATTACHMENT~ Page ~ of~~ The amount to ~ charged by thc City for ~ admi~stra[ion fee tbr ~e reimbur~ment agreement. ~e admimstration fee s~ll ~ fixed by ~e City Council and will be included in ~e resolution approving and foxing the re~b~m dis~ic[. ~ adminis~arion fee is due and payable to ~e City at thc time ~c agreement is signed. The period of time that the right to reimbursement exists if the period is less than five (5) year~. Whether the public improvements will or have met City standards. Amount to be Reimbursed A reUnbursement fee shall be computed by the City for all properties, excluding property owned by or dedicated to the City, but including non-right-of-way property owned by the sm~e of Oregon and any of its agencies anct departments, which have the opportunity to utilize the improvements, including the property of the applicant for formation of a reimbursement district. The fee shall be calculated separately tbr each type of improvement. The applicant for formation of the reimbursement district shall not be reimbursed for the portion of the reimbursement fee computed for its property. The cost to be reimbursed to the applicant shall be limited to the cost of construction, engineering and off-site dedication of right of way. Engineering shall include surveying and inspection costs and shall not exceed 13.5% of elig~le public improvement construction cost. Costs to be reimbursed for right of way shall be limited to the reasonable market value of land or easements purchased by the applicant from a third party in order to complete off-site improvements. No reimbursement shall be allowed for financing costs, permits or fees required for construction permits, land or easements dedicated by tl~ applicam, the pomon of costs which are eligible for systems development charge credits, or any costs which cannot be clearly documen~d. Reimbursement for legal expenses shall be allowed only to the extent that such expenses relate to the preparation and filing of an application for reimbursement, and to working with the City through the Director's Report and formation public hearing stages of an application. The City Council may grant an annual fee adjustmem at the time of application for formation of a reimbursement district as provided in this subsection. IOE Ordinance No. Page 5 PDx IA- 16S~ 10 1 ~.'5'.~.O,x,k~ EXHIBI~'~ Page c) of /4' Section .5. A. ATTACHMENT_ /7~ Page ,.~/ of~ (1) An annual fee adjustment shall be applied to the rei~mbursemem I'ee beginning on the first anm',,ersary of the date of the reimbursement agreement as a return on the investment for ~ person or the City. The annual fee adjustment shall be fixed and computed against the reimbursement fee as simple interest and will not compound_ The amount of the fee adjustment shall be determined that the time that a district is formed and shall be the same each year. (2) Each fiscal year, the Finance Director shall recommend to thc City Council all imerest rate to be used in determining the armual fee adjustment for reimbursement districts. Thc City Council shall consider the rccorrmlcndation of thc Fman~ Director and shall adopt an interest rate to be used tn determining the annual fee adjustment. The interest irate adopted by the City Council shall be applied to all reimbursement districts formed during the fiscal year, for wi-rich annual fee adjustments axe approved. Public Hearing Within thirty (30) days after the Director of Public Works has completed the rcpor~ required in Section 3, the City Council shall hold an informational public hearing in which any person shall be given the opportunity to comment on the proposed reimbursement district. Bemuse formation of the reimbursement district does not result in an assessment against property or lien against property, the public hearing is for informational purposes only and is not subject to mandatory termination because of remonstrances. The City Council has the sole discretion after the public hearing to decide whether a resolution approving and forming the reimbursement district shall be adopted. Not less than fourteen (14) days prior to any public hearing held pursuant to this Ordirm~e, the applicant and all owners of property within the proposed dismct shall be notified of the public hearing and the purpose thereof. Such notification shall be accomplished by either regular mail or personal service. Notice shall be deemed effective on the date that the letter of notification is mailed. Failure of the applicant or any affected property owner to be so notified .quail not invalidate or otherwise affect any reimbursement district resolution or the City Council's action to approve the same. If a reimbursement district is formed prior m construction of thc improvement(s), a second public hearing shall be held ~ter the improvement has been accepted by the City. At that time, the City Council may modify the resolution to reflect the actual cost of the improvement(s). IOE Ordinance No. Page 6 EXHIBI Page Section 6. A. City Council Action ATTACHMENT Page ~ of_ After the public hearing held pursuant to Section 5(^), the City Council shall approve, reject or modify the recommendations contained in the~ Director of Public Works's report. The City Council's decision shall be contained in a resolution. If a reimbursement district is established, the resolution shall include the Director of Public Works's report as approved or modified, and specify that payment of the reimbursement fee, as designated for each parcel, is a precondition of receiving any city permits applicable ro development of that parcel as provided for in Section 11. When the applicant is other than the City, the resolution shall instruct the City Administrator to enter into an agreement with the applicant pertaining to the reimbursement district improvements. If the agreement is entered into prior to construction, the agreement shall be contingent upon the improvements being accepted by the city. The agreement shall contain at least the following provisions: 1. The public improvement(s) shall meet all applicable City standards. 2. The total mount of potential reimbursement to the applicant. The total amount of potential reimbursement shall not exceed the actual cost of the public improvement(s). 4. The annual fee adjustment set by the City Council, if any. The applicant shall guarantee the public improvement(s) for a period of twelve (12) months after the date of installation. The applicant shall defend, indenmify and hold harmless the City from any and all losses, 'claims, damage, judgments or other costs or expense arising as a result of or related to the City's establishmen~ of the district, including the City's costs or expenses relau:d to collection of the reimbursement fee pursuant to Section 10(H). Other provisions as the City Council determines necessary and proper to carry out the provisions of this Ordinance. If a reimbursement district is established by the City Council, the date, of the formation of the district shall be the date that the City Council adopts the resolution forming the district. IOE Ordinance No. Page 7 EXHIBIT 3 Page / L~ of ATTAC[qMENI._~~ Page o~_6 of ~7 Section 7. ~Notice of Adoption of Resolution The City shall notify all property owners within the district and the applicant of the adoption of a reimbursement district resolution. The notice shall include a copy of the resolution, the date it was adopted and a short explanation of when the property owner is obligated to pay the reimbursement fee and the amount of the fee. Section 8 Recording ~e _Resolution The City Recorder shall cause notice of the formation ard nature of the reimbursement district to bc filed in thc office of the County Recorder so as to provide notice to potential purchasers of property within the district. Said recording shall not create a lien. Failure to make such recording shall not affect the legality of the resolution or the obligation to pay the reimbursement fee. Section 9. Conlesfiag ~e Reimbursement District No legal action intended to contest the formation of the district or the reirnbursernem fee, including the amount of the charge designated for each parcel, shall be filed after sixty (60) days following the adoption of a resolution establishing a remabursement district. Section 10. Obligafinn ~o Pay l~.imbursemem Fee The applicant for a building or development permit for any property within any reimbursement district shall pay to the City, in addition to any other applicable fees and chaxges, the reimbursement fee established by the City Council, together with the annual fee adjustment ii' any, if within the time specified in the resolution establishing the district, the person applies for and receives approval from the City for any of the following activities: A building permi[ which will use or increase the use of a public improvement; Connection to a public improvement or otherwise increase the use of a public improvement IOE -Increase the use of a public improvement" means: 1. For sanitary sewer or storm sewer improvements, to make a physical change requiring a building or development permit on the property which increases the volume discharged into the line. 2. For water improvements, to make a physical change requiring a building or development permit on the property which increases the amount of water used. Ordinance No. Page 8 EXHIBIT ~' Page J / of Ho o A~ACHMENT-- ~ For street ~provcm~n~, to m~c a physical change m any land or building requiring a building ~it or dcvelopmem ~lt on ~e property which increases ~e ve~cle trips on thc sweet or creates a new emra~e or expels an existing em~nce onto ~e street. The City's determination of ',,ho shall pay the reimbursement fee is final. Neither the City nor any officer or employee of the City shall be liable for paymem of any reimbursement fee, annual fee adjustment or portion thereof as a result of this determination. APe. rmir applicam whose property is subject to payment of a reimbursement fee receives a benefit from the construction of street improvements, regardless of whether access is taken or provided directly onto such street at any time. Nothing in this ordinance is intenaed to modify or limit the authority of the City to provide or require access management. No person shall be required to pay the reimbursement fee on an application or upon property for which the reimbursement fee has been previously paid, unless such paymem was for a differera type of improvement. No permit shall be issued for any of the activities listed in subsection 10(A) unless the reimbursement fee, together with the annual fee adjustment, has been paid in full. Where approval is given as specified in subsection 10(A), but no permit is requested or issued, then the requirement to pay the reimbursement fee lapses if the underlying approval lapses. The dam when the right of reimbursement ends shall not extend beyond five (5) years from the district formation date. Upon application for an extension by the applicant, the City Council may, by resolution, authorize up to two (2) five (5) year extensions of the right of reimbursement under the agreement. The reimbursement fee is mediately due and payable to the City by property owners upon utilization of a public improvement as described in section 10(A) and (B). If connection i~ made or construction commenced without required city permits, then the reimbursement fee is immediately due and payable upon the earliest date that any such permit was required. No city permit of any kind for thc intervening property ah,all be issued until the reimbursement fee is paid in full. Whenever the full reimbursement fee has not been paid and collected for any reason after it is due, the City Administrator ~hall report to the City Council the amount of the uncollected reimbursement, the legal description of the intervening property on which the reimbursement is due, the date upon which the reimbursement was due and the intervening proper[y owner's name or names. IOE Ordinance No. Page 9 PDXI^-Io5910. 1%'~.~,~-tX~06 EXHIBIT /~ Page /~--, of_ / ,~ ATTACHMENT ~ Page ~ of., ~ ~ City Council shall then, by motion, sci a public hearing date and direct ~e City Adminisuator m give notice of that hearing m each of ~c identified intervening pro~ owners, togc~er wi~ a copy of the City Admims~ator's report co~c~ng ~e unpaid reimbursement fee. Such notice may be ei~cr by ~nificd mail or ~rsonal service. At ~e public hearing, ~e Ci~ Council may accept, reject or m~ify ~ City Administrator's repo~. If ~e Ci~ Cou~il accepts or rejects ~e City Adminismtor's report aM dem~es ~ar ~e re~bm~m fee is due bm ~ not ~n prod for w~mver reason, ~e City may take any ~tion including all legal or equitable mea~ necessary to collect thc unpaid mount. An unpaid re~bursemem fcc s~ll prohibit any issua~e of ~its by ~c City for ~e inte~emng property. The reimbursement district shall be amended to include benefining properties annexed into the City after the effective date of the resolution establishing the reimbursement district. The City shall require as a condition of annexation that thc armcxation applicant initiate an amendment to the reimbursement district, and such annexation shall not become effective until the City Council adopts a remlmion amending the reimbursement district to include the annexed property. The reimbursement fee for the annexed property shall be reduced to reflect the passage of time since the. dam of the first resolution. Section 11. Public. Improvements Public improvements installed pursuant to reimbursement district agreements shall become and remain the sole property of the City. Section 12. Multiple Public Improvements subject of a reimbursement district. More than one public improvement may be the Section 13. Collection and Payment; Or_her Fees and Charges Developers shall receive all reimbursement collected by the City for their public improvements. Such reimbursement shall be delivered to the developer for as long as the reimbursement district agreement is in effect. Such payments sl~ll be made by the City within ninety (90) days of receipt of the reimbursements. The reLmbursement fee is not intended to replace or limit, and is in addition to, any other existing fees or charges collected by the City. Section 14. The City Council finds that the fees imposed by this Ordinance are not taxes subject to the property tax limitations of Article XI, section 1 l(b) of the Oregon Constitution. Read the first time on of the City Council. and moved to second reading by VOT~ 10E Ordinance No. Page 10 PDX 1.~,.16591U. 1 999~4xx10 EXHIBIT_ ~' Page / '~ of Read the ~econd time and adopted by the City Council on Signed by thc Mayor on ATI"ACl-JM ENT._.~.~ Page ~ of ~._~...,~...~ IOE ATTEST: Mayor City Recorder APPROVED AS TO FORM: City Attorney Ordinance No. Page 11 PDXI~,-I~IO.I ~ EXHIBIT,/ ~ Paoe /'~, of~ March 19, 1999 ATTACHMENT ~_ , 10E Page ~ of &'~ MAR -.2 2 1999 L CRAIG RI/AL'FY GROUP Mr. John Brown City Administrator City of Woodbum 270 Montgomery Street Woodbum, OR 97071 VIA 0 VERNIGHT CO URIER Re: Cost Sharing and Payment Plan Arney Road and Woodland Avenue Widening Dear John: I have enclosed a "Revised" Breakdown of Cost Sharing, dated March 16, 1999, relating to future roadway improvements to Amey Road and Woodland Avenue. The revised breakdown incorporates all the agreed upon points from our March 9, 1999 meeting which took place in the Conference Room at City Hall. The revisions to the breakdown include the following: 1. The Stampley and Sprague properties will be included in the cost sharing plan; however, the acreage amounts shall be adjusted to include only "net usable acreage" and not land areas which are encumbered by wetlands. ODOT's 1.74 acre parcel would be included in the cost sharing plan, as a future purchase of such land would directly benefit from all roadway improvements. 3. An L.I.D. will not be formed as an alternative for payment. Please note that the cost estimate, $450,000, is just that, an estimate. The proposed improvements are currently "out for bid" and are expected in the next three (3) weeks. It was further understood that it would be the City of Woodbum's Public Works Department's responsibility to obtain all wetland approvals as well as obtaining the right of way for a small portion of land owned by Moore Clear Co. I~(I-IIBIT 15tX) Quail Street, Suite l(g}, New[x)rt Beach. (halifomia 92660 Page I of , ~ 949. 2244100 Fax: 949. 224-4101 Mr. John Brown March 19, 1999 Page - 2 - ATTAOH_I~,ENT-.~m~- 10~ Page ..~L-~ of ~ Mr. Hershberger, Mr. Baker and I believe the revised allocation represents a "fair and equitable" sharing for such roadway improvements. The above-mentioned property owners are willing to pay their outlined share of costs, in advance, so as to allow timely completion of such improvements. Such advance payments by Hershberger, Baker and Craig are subject to the City of Woodbum paying the portion of costs which other benefitting property owners are not wiling to pay at this time. Mr. Hershberger, Mr. Baker and I believe that the City of Woodbum is in the best position to collect and condition from such properties their outlined portion of the improvement costs. All such cooperating property owners are anxious to complete such roadway improvements prior to the scheduled opening of Woodbum Company Stores on July 15, 1999. I/we respectfully request that the above-mentioned cost sharing/payment plan be presented to the City Council at your earliest convenience. As was the case with the previous work relating to the traffic signal cost sharing, I believe that my efforts with respect to the roadway cost sharing more than satisfy the City Council's condition as to using my best efforts to find a "fair cost sharing plan". Thank you for your time and consideration. Sincerely, L. /saw Steve/Woodbum/Brown316 CC.' Mayor Richard Jennings Dale Baker Warde Hershberger Terry Hepner Frank Tiwari Steve Ward Gary Katsion Michael C. Robinson, Esq. EXHiBiT., Page ~ of~ IOE ATTACHMENT - Page ,~,~ of Page ~ of ~ , .IAN-OT-g9 1Z:10 FROM-STOEL RIVES T-3Z? lOI~ ATTAGHM~NT Paoo / of I EXHIBIT B APR-Z$-g9 05:01PM FROM-$TOEL RIVES 503-2ZO-Z450 T-131 P.OZ/OZ F-245 STOEL RIVES LLP A T T u k N E ~' S POKTC.n~D. O~CON 972~-1~o: April 26, 1999 IOE MICHAEL C. ROBINSON Dir¢cz Dial (503) 294-9194 cm~i[ merobinson@scoel corn VIA FACSIMILE Mr. ]on Brown City Administrator City of Woodburn 270 Montgomery Street Woodbum, OR 970'/1 Re: Development Agreement Dear Jori: i have received Steve Craig's revised breakdown of cost sharing for the .aa-ney Road. improvements. I received this letter when I returned [o my office on April 25, 1999. I did not have this revised document before, so I could nor prepare a development a~eement. However, I will now prepare a development agreement, which my diem has authorized me to do. ! would therefore like this matter placed on the May 10, 1999 City Council agenda. Very truly yours, Michael C. Robinson MCR:Idb cc: Mr. Sieve Craig (via facsimile and U.S. Mail) Mr. Terry Hepner (via facsimile) Mr. N. Robert Shields (via facsimile) pDX. IA-IT014? I Draft #1 4-26-99 ATTACHMENT Page [ of AGREEMENT This Agreement is made this day of ,1999, by and between the City of Woodburn, an Oregon municipal corporation (hereinafter "City"), Craig Realty Group, Woodburn LLC (hereinafter "Applicant"), Baker & Baker, Inc., and Oregon corporation (hereinafter "Baker"), Moore Clear Company, Inc., an Oregon corporation (hereinafter "Moore") and Hershberger Motors, Inc., an Oregon corporation (hereinafter "Hershberger"). 10E WITNESSETH Whereas, Applicant previously received land use approvals from City in Annexation Case 98-02, Comprehensive Plan Map Amendment 98-01, Zone Map Amendment 98-03, Finding of Conformance 92-01 and 92-02, Site Plan Review 98-05, and Variances 98-04, 98-05 and 98-06; and Whereas, conditions of Applicant's land use approvals require that certain public improvements be completed by the Applicant prior to the issuance by City of an occupancy permit; and Whereas, only the off-site improvements specified herein are subject to this Agreement and Applicant is responsible for completing all other improvements required by Applicant's land use approvals; and Whereas, the conditions of approval specify that the costs of the off-site improvements to Amey Road and the traffic signal to be installed at the intersection of Woodland Avenue and State Highway 219 be bourne by Applicant and that other benefitted properties reimburse Applicant for their "fair shares" of these improvements through a Local Improvement district (LID) process; and Whereas, the conditions of approval further state that if the LID is not approved, Applicant shall abide by the cost sharing decision of the City Council; and Whereas, the private parties to this Agreement acknowledge and agree that they own properties that would benefit from the public improvements to be made by Applicant; and Whereas, the private parties to this Agreement further acknowledge and agree that City has the legal authority to assess the benefitted properties and to impose conditions for the cost of the improvements at such time as development occurs; and Page 1 - Agreement ATTACHMENT Page ~ of Whereas, the parties desire to agree upon an efficient and equitable method of paying their fair share of the costs of the improvements; and Whereas, all parties acknowledge and agree that this document does not constitute a development agreement as that term is defined in ORS 94.504 to ORS 94.528, but is to be construed as an agreement in lieu of a local improvement district assessment in order to implement a condition of Applicant's previous land use approval; NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: Section 1. PARTIES. The parties to this Agreement are as listed above. Notwithstanding, all parties agree that City is executing this Agreement solely for the purpose of insuring that the required public improvements are completed by the private parties. City assumes no liability for itself completing any of the public improvements contemplated by this Agreement. Section 2. APPLICANT PROPERTY. Applicant represents and covenants that it owns the real property subject to this Agreement which is described in the attached Exhibit "A". Section 3. BAKER PROPERTY. Baker represents and covenants that it owns the real property subject to this Agreement which is described in the attached Exhibit "B". Section 4. HERSHBERGER PROPERTY. Hershberger represents and covenants that it owns the real property subject to this Agreement which is described in the attached Exhibit "C". Section 5. MOORE PROPERTY. Moore represents and covenants that it owns the real property subject to this Agreement which is described in the attached Exhibit "D". Section 6. IMPROVEMENTS BY APPLICANT. Applicant agrees to install the following off-site public improvements according to City standards as defined by the applicable ordinances, rules and regulations of City: [FINALIZING THIS LANGUAGE WITH PUBLIC WORKS] Section 7. GUARANTEE. Applicant agrees that all of the public improvements specified in Section 6 above shall be completed on or before the date of occupancy and that Applicant shall correct, repair and maintain all such improvements from any defects, omissions or irregularities in the construction, materials or work thereof for a period of one (1) calendar year form the date of acceptance of such improvements by City. Section 8. OWNERSHIP. All of the public improvements specified in Section 6 above shall become and remain the sole property of City. Page 2 - Agreement ATTAOI-J~EN'r~ Page .~ of ~ Section 9. ARNEY ROAD IMPROVEMENT. The affected parcels of property, the owners thereof, and the methodology employed to spread the construction cost for the Arney Road improvement is attached hereto as Exhibit "E" and incorporated herein. IOE Section 10. TRAFFIC SIGNAL IMPROVEMENT. The affected parcels of property, the owners thereof, and the methodology employed for the construction of the traffic signal at the intersection of Woodland Avenue and State Highway 219 is attached hereto as Exhibit "lv' and incorporated herein. Section 11. DEVELOPMENT CONTRIBLFFION BY BAKER. Upon execution of this Agreement, Baker shall pay the sum of $ to Applicant as a contribution to the cost of the construction of the public improvements specified in Section 6 above. Section 12. DEVF. LOPMENT CONTRIBUTION BY HERSI-IBERGER. Upon execution of this Agreement, Hershberger shall pay the sum of $ to Applicant as a contribution to the cost of the construction of the public improvements specified in Section 6 above. Section 13. DEVF~LOPlVlENT CO~UTION BY MOORE. Moore shall pay the sum of $ to Applicant as a contribution to the cost of the construction of the public improvements specified in Section 6 above. Said payment is due at such time as development is commenced upon Moore's property or at such time the real property described in Exhibit "D" is sold, whichever time occurs first. For the purposes of this Agreement, "development" shall be defined as any improvement upon the real property described in Exhibit "D", by way of example, any excavation, paving and site work beyond surveying. Section 14. TERMS OF AGREEMENT ARE COVENANTS. It is intended by all parties to this Agreement that all terms of the Agreement shall constitute covenants, conditions and restrictions running with title to the real properties covered by this Agreement, and shall be binding upon parties to the Agreement, their heirs, executors and assigns, and shall be a benefit and burden upon the properties described herein. The parties agree that City may, in order to recover the costs of improvements described herein, levy assessments against the properties for the specific purpose of enforcing the parties' respective obligations under this Agreement and may enforce payment of said assessments in the manner provided by ORS Chapter 223. Upon each party's completion of its respective obligations under this Agreement, City shall release that party from City's right to secure that party's performance under this Agreement by assessments. Section 15. RECORDATION. Promptly after its execution by the parties, City shall record this Agreement in the records of Marion County against each of the properties herein to provide public notice, and especially notice to future owners of property described herein of the conditions, covenants, and restrictions against title to the properties imposed by this Agreement. Section 16. TERMINATION AND AMENDMENT. This Agreement shall be terminated Page 3 - Agreement ATTACHMENT 7 Page .....-Y-- of ~-- upon all parties completion of the obligations hereunder and may be mended by a subsequent written agreement of all of the parties. Section 17. ENFORCEMENT. Each of the parties may enforce the terms of this Agreement in any court of competent jurisdiction. In addition to any other legal remedies, the parties failure or refusal to comply with this Agreement shall constitute a violation of Ordinance 1807, the Woodburn Zoning Ordinance, and remedies and penalties provided therein may also be enforced. Section 18. NON-LIABILITY OF CITY. Because the parties agree that City has the legal authority to levy special assessments to require construction of the public improvements specified in Section 6 above, Applicant, Baker, Hershberger, Moore, and each of them agree that ity can not be held liable for damages, including costs and attorney fees, under this Agreement and shall hold City and its agents harmless from any claim or legal action of any type under this Agreement including any applicable costs and attorney fees. Section 19. ATTORNEY FEES. In the event of any suit or action to enforce this Agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, reasonable attorney fees to be fixed by trial and appellate courts from the time such action is filed. Section 20. SEVERABILITY. If any provision or par hereof is for any reason determined by a court of competent jurisdiction to be invalid or unenforceable, then such part shall be severed from this Agreement and the remainder of the Agreement shall remain fully enforceable. 10E [ADD SIGNATURE LINES! Page 4 - Agreement April 22, 1999 (-~R&IG RIAl fY CJJl~,O~ll' ATTACHMENT ?.~_..~ Page ~ of_ ~ Mr. John Brown City Administrator City of Woodbum 270 Montgomery Street Woodburn, OR 07071 VIA FACSIMILE AND OVERNIGHT COURIER Re: Woodburn Company Stores Dear John: Enclosed please find the revised Breakdown of Cost Sharing dated April 12, 1999. The revised Breakdown incorporates all of the changes which you and I recently discussed, most notably, the removal from the schedule of ODOT and the two properties outside the City limits (Stampley and Sprague). The Breakdown also incorporates the actual bid price of $700,000 for the work associated with the Arney Road extension and road widening. It is my understanding that Mike Robinson will be following up with you with respect to how we will proceed with this as well as coordinating the agenda for the upcoming City Council meeting. I will be in all day today and tomorrow. Please feel free to call me at (949) 224-4115 if you have any questions. Sincerely, ffteven L.~--r~ /saw Steve/Woodbum/Brown42299 Enclosure cc: Michael C. Robinson, Esq. (w/enc) 15(X) Quail Street, Suite 100, Newport Beach, California 92660 949. 2244100 Fax: 949. 224-4101 ATTACHMENT ~ Page ~ of ..-'"""""""'~ IOE IOE CI~aG l~.~ Gr~ou? FACSIMILE Date: May 6, 1999 Number of pages including cover sheet:23 FROM: Steven L. Craig CRAIG REALTY GROUP 1500 Quail Street, Suite I00 Newport Beach, CA 92660 Phone: 714.224.4126 Phone: Fax Phone: 714.224.4101 Fax Phone: TO: John Brown City of Woodbum 503.982.5244 REblARKS:UI Urgent CI For your review CI Reply ASAP CI Please Comment John, Please call me if you have any questions. Steve 05/06/99 THU 09:56 FAX 949 224 410! Ci~\IG R.LALT¥ Gg. OUP ATTACH M ENT ~.....-.~.~ Page ~ of ,3 ~ IOE May 6, 1999 Mr. Frank Tiwari Director of Public Works City of Woodburn 270 Montgomery St. Woodbum, OR 97071 Via Facsimile and UPS Dear Frank: Based upon your telephone message from yesterday, I had our general contractor (S.D. Deacon Corp.) and civil engineer (Westech Engineering, Inc.) prepare "takeoffs" of the actual quantities relating to the Amey Roa4/Woodland Avenue widening and extension. I have also included the various bids which were obtained with respect to the traffic signal and the Amey Road/Woodland Avenue widening. This information can be found on the work sheet paper. Hopefully, this information will give you a much better understanding as to the amount of work involved. Please call me if you have any questions. Sincerely, yen L. Craig Enclosures /nib file 94tev¢\woodburn~iwari~699 cc: Mike Robinson John Brown Terry Hepner 1500 Quail Street. Suite 1GO. Ne,vpor~ Beach. Ctdilornia 92660 949. 2244100 Fax: 949, 224-4101 05/06/99 1'flu 09:56 F..~[ 9-19 ZZA 4LOt g~L~I~ t,~ALI~. *,,KUL~t' .,~a,y - 0.~ - 99 04:47P O ACON CONSTRUCTION ,,//I IOE CORP- OF .EGON ATTACI-J.M ENT Page ,"~ of [ 05-Ma.v-99J a_ e8 14] fax To: Craig Realty Group 1500 Quail St. Suite 100 Newport Beach, CA 92680 Attn: Steve Craig woodburrl Company Stores Job 706? Phone No: 949-224-4100 FAX No: 949-224-4101 From: Phone No. EAX No. Pat Mahoney SD Deacon Corp 1001 Amey Road Woodburn, OR 97071 (jobsile) (S03)981-0917 (503)981.6505 MIi(e Price i~ob Cadisle 70BT-owner 7067-18173 MESSAGE; PLease see the attached cost breakdov~ for the Amey Road south extension to Woodland Ave. If necessary, I can for'ward you a hard copy of this. !Also, I am forwarding to you our original bid for the Arney Road Eztension Work dated 4/7199, as well as our original bid to you on the Traffic Signals and Stmetlights dated 4120/99. Let me know If you need any additional information, Pat Mahoney 6443 .'~.W. t3EAVERTON HILt ~i')ALE HWY.. #432, PORTLAND, Oi 1;O, I.tc)x ?..R.AD;J, PORTLAND. OR 503/2.'37 I't?gl o FAX 50~297-8.q~? ' OR CCB It 38138 · WA Ri"G P. ~[)DI::^" 19~0; 05/06/99 THU 09:$6 F.~C 949 224 4101 ClL~.IG REALTI' GROIJP ~'~&.y- OS- ~ O4.: 4~=~1~ DEACON ONSTRUCTI©N CORP I IOE - ATTAC.H, MENT. ~ Page. ~ of ,-~ ~ Arney Road Extension Woo~l~u;', c.',,,,~z~. 2. Site Utilities at Amry ~d Exxc~qlo. _5 I~pin8 ~ Afl~oy R~d ~tc~qlnn Ex~v~i,m ul W~]~d Ave. 7 glXc I.hilitics a~ W=~xlh..l Avcng 9 Cur~. Watk~ & Stripingat W~I~! Ave. 10 I.~ds~ping at ~ne~ I{~ul 13 I'rolit ~d Overheat ~ ~% (';,rand Tolab: [' .'~;~'1 254.386 215.621 9.613 I 0 2g,946 46.71~ $825~04 66g. 122 26.725 total: $7.16,531 ao.~2! 3.221 5,02.1 lOg.Ol$ total I.q~7 to~al $6.82 ~x)st per ~f $368.82 c~st I~cr II'ol'r,,~l 15200 total $5.a4 cost per .~1' :$92.27 c,~t. per II'urrc~d L)iS/U6/~ 11iL' U9:$? i-AY. 94~ '/'z4 41UI ~.','.~ y- 0 S - 9 9 04:48P CONSTRUCTION C©R, IOE OREGON Sur-~'~' .& L-yuut Cost breakdown LS 3.~u.oo 3,500 LS 7.S00.0~ 7.500 g.q 2,423,oo 2,42) LS 22,000,00 LS 5.C~O.O0 5,000 22,450 SI" 0.43 9.654 6,000 CY g,O0 4g,~O 900 Cy 9.50 g,550 8,000 TN 10.20 R 1.600 35.790 SF 0_15 12~57.7,,, 35.'~90 S~' 0.~4 30.064 521 CY 5.00 2.605 I LS 12,42S 12.025 2- Sit~ Utliitle~ at Arne~' Road ~cl<~c 24-~ AUS PGE Main I Jtil~ Rcl~t~ Ct~t-~,~a~ Con~ele n( Do~ C~l~n 534 9 1 I O0 .160 i .800 565 54 12 I/nit ,~ri¢.e Toldl Ce,st L~ 30.600 LF 300 LF 9.49 LF CY 615.00 L:S 12,000.00 RA 3.904 5.359 52.056 0.150 12.000 Subtotal: 215,621 Paving .l:~rm'y Road zXt~mion '/0.400 SI-' 0,69 I I)1.000 5f 0.36 1011000 ~f 0:041 I I .S Ii.ouo.oo I LS 1,200.00 [.~ 2.o,4n.on I b 1ol (7,,st · n,.t76 4,141 ~.000 1 1,600 Subtotal: f,44:3 $.W IREAVE~]mON-HILL~LIALF HWY., ~432. PO~TI AN~. OR ' ' '~'~1 P.O, ~OX 25392, PC)RTt. AN~. OR 9/2g~ 503/297 fl7O) · gAXbO~"297-~997 * ()~C;CB u3813~ · WA~G d ~DOLA" Ir)2o2 05,'06/99 THLI 09:$? FAX 949 l~a.y - 0 r.. _ 99 04: 48P 224 4101 CRAIG EJ~AL'I'k GEUUF ATTACHMENT Page ~ of 0O6 IOE 4 Curia, Walks & Stri.Oinl~ at I I~i( Unii J"Yic~ 6.50 '~00.OO 1.90 3.75 L1 6,100 t~ 2OO.OO I.F 6.00 EA 250.00 I.~ 400.0o L$ 27J20 30.609 &,RO0 1.400 240 2,0OD 3.000 Landscapln8 at &rna2' Road Exlznsion (~aa.zity All La~bc~ & lrff~o6on ?~21o 7b~l ~F 13:) q,61,1 .9ubtotal: 6 Excavation nt Wm~dland Ave. Mob i1~'4~ ~ Tr.l~c Cottu'ol I 3,N20 5OO 1.440 2,00o,00 1.25 C¥ TNS 1020 .~F 0.6O SF O.g4 I..S 2,o0o,o~ 3.775 1.354 2.0Q0 Site Utilities ~.&.a (u! Scorn: Sewer i 10 1,i00 14.ooo ?,lbo I U: .gubtotal: Unit 40,00 .~'ubtotal: Ilnit Unit t~rtce SF O,6g .<IF 0.36 sf O,U4 LS goo.oo I.$ ado.ou Subtotal: 7'rJIral Cm~r 7,2c~_. 4.899 .<.040 2~4 440 9,~13 31 ,go3 t I.gO0 05/06/99 TttU 09:57 FAX I,~-,y-os- ~ O4: 48P 949 224 4101 CK~IG REALTY GROUP t~O07 'IOE ATTACHMENT~' Page dZ__ of Trd~ Castrol 250 L¥ &50 385 LF 9.00 EA I.S 1,800.00 ?~t-q C~t 3.465 t 1 .$00 '"/ EA 200.00 1.400 165 I.F ~.00 990 l,O00 SF 1,90 i,~oo I I $ SF ~.39 3.58 I [ ~ 2.SO,OO 2,0o0 LS 4oo,oo I L.~ 7o0.00 Subtotal: 10 L. andstapin~_~t W__,~dland Ave- 0 SF 1.33 0 1 i OL~)T Bond Sub,ord: fl 12 Gener~[ Coudil=iol~m I Seb~MI of&I1 &tasv~ 74{.64] 4.00 ~ 29,ed6 748643 13 Overhead & Profit SUbtotal.· 46,'/1:S U5/06/99 'I~IU 09:5~ I-'A.~ 949 ZZ4 4J. UJ. Ma~e-05- ~ 04: 48P · · ~ ATTAC ,F.~I~ENT _.~.~_. Page ~ of ~ I~. UU~ IOE April 7. 1999 Mr. Stove Craig Craig Rca. ky Group IS00 Quail Street - Suite 1(30 Ne~pon Beach CA 92660 VIA FAX: 949-224-4101 RE: Arney Road Extension Bid Cosc Proposal 706'7-18173 Dear Stave: Pi~s~ ~ our attached Cost Proposai for the Arney Road Exu:nsion to Woodl~d Avenue l:~r Wcstech Engine~ring Inc. drawings "Amey Road, Woodburn OR' (Prclimina.ry) dated 'Mazch 99', Sheets 1 diroagli 15. It also includes work per Westech FL~gin~ring [nc. drawings 'l[ighway 2! 9 and Woodla.nd Avcnuc. Woodburn OR" (Preliminary) dated 'Mazch 99' Shccts 1 fl~rough 6. The prt~ for this work is $ 677.761 The price inclu~s: Earthwork, s~onn s~wcr, box culvert, PGE telocams, asphalt rock and paving, utility crossings, relocation of signage, gu~rd~til and fence. It also inclu~s an aliowan~ for phone iin~ relocations, not indicated on drawLngs, ~ncl art allowance for landscape strips. This price docs not include thc following items that will tx: by future bid: Swiping and signage, street lighting of Arncy Road extension, street lighting at Arney Road and Spraguc La~e, traffic signalization, sign bridge, aad ODOT pole relocation. Also, we have not included any cost to relocate existing water lines. They are not shown as requiring relocation. It will cl~pend on their relationship ~o the finaJ gra~s. - AZ $0.3 U$/06/99 't'tiL~ 09:5~ l-'.~, 949 ZZ4 4101 Cost Proposal 181'tJ Bid April 7. 1999 Page 2 L, KAlb .uda3.L,l ~. bKUL~r ATTAO~dENT~ Page ~ of ,:-' ~ ~1. uuu IOE L~t mo know if you nccd this pricc broken down in a particular format. I'd be happy to do that. Also, we are p~pared to stat~ this work as .soon as possible. Thc wet]and anti right-of-way issues will nccd to bc rcsolvcd so that a'pcrmit can be issued, Plea. sa let me know if you have any questions or require additional information. Sincerely, Patrick T. Maho Projoct Manager PM/bp cc: Craig Etliott Mike Price Scott Petals Bob Carlisle FII~? ? ::-7....L)F/- 18173 05/06/99 TH.U 09:58 F.-L,1L 949 ZZ4 4101 Ma,y-OD- 99 04.: 49P CK.&IG bLt:,.,~LI~. L~KUUr ATTAOHMENT_,~ Page ,/.F,2_. of ~ ~ PROJi::CT · Arne¥ Rd Extension at Woodburn Company ,Stores BID DATE: April 2, 1999 BID TIME: 2:00 pm ESTIMATOR: BLDG AREA: SITE AREA: ind QUANT DESCRIPTION Earthwork Storm Sewer Asphalt Paving Landscaping Allowance Concrete Curbs Concrete Work Surveying Public wo~s bond Striping and Signage Street Lighting - Amey Rd Exter Street Lighting. Amey and Spra Traffic Signalization Sign E~rtdge _ _ PRICE J RE,MARKS ' $443',735-I ~- :luded in earthworkl II13.348 J $9,613 IALLOWANCE $40,745 $52,531 $14,425 $3,364 Futura bid Future bid Future hie Future biq Future ~d SUBTOTAL $677.761 Job E~:pense already incl in contract Safety Director N/A inc[ SUBTOTAL $677,761 Margin already incl in contract incl 0.130 % er1'orrna[1 ce Bond SUBTOTAL $677,761 Insurance/Pension N/A Builder's Risk by owner .Yes or No N/A TOTAL BID 05/06/99 THU 09:58 FAX 949 224 4101 Ma.~-O 5 - 99 04: 49P CRAIG REAL2'~ GROLiP ,2, o o,oo. ATTACHMENT Page ..L.L__ of .o 3458 293/ 4 ~011 P - 09 I ', 05/06/99 '['HL 09:59 FAX 949 'Z'Z4 4lU1 C_KAIG Kk, ALIt bl~UUl" I'~,~.y- 05 - 99 04:49P r c~'~..~.~ ~-,AI/,I£~' ~: 4Iv,(' C. L)~CZ.'~:. I~,, . .(,,£~,,~_~'/1,.~; ATTAC. HMENT Page k'/l II ! ~ lOE 05/06/99 I'IiLi /0:00 I-'AX 949 gZ4 4LUI ATTACHMENT Page I ~ of April 20. 1999 Mt. Steve Craig Craig Realty Group 1500 Quail Street - Suit~ Newport Beacit CA 92660 Via FAX: 949-224-4101 Plea.se scz our attached Cost Proposal for thc Traffic Signal and Strecflights at Woodburn Company StOres. This includes t~¢ srr~dighCs at ^rney Road E~,tensiot$, thc streetlights at Amey Road and Sprague I.~nc and the traffic signal ut Highway 219. 'l'his price is ha-sod upon Westech Engine,~rittg lnc drawings '^rncy Road. Woodburn OR' (Preliminary)'datcd, 'March 99" She, ets I through 16. It is als~ based upon Kitt¢lson and As,sociate-,s lnc drawings dated March 1999 (Preliminary) TS-1 through '1'S-13. $$-1 through SS-12. Thc prize for tiffs work is $300,868. Of this amount, $209,099 is thc balance left in thc offsitc work: bid allowance, $91,769 will need m be ~dded via cltmtge order. Thc prize includes all srreetiights including three (3) each poles in i¥ont of Hcr~h~rgcr, no~ currcndy shown on thc drawings, but required accordiag t~ Westech. h also includes thc traffic signal at Woodland and 219, u'affic signal modification ar Station 2 + 360. traffic signal inodificatio~ at dtc southlx~und off ramp, relocation of two (2) each ODOT poles, and all as.~.~:iated surveying. This price dozs not include the sign bridge, nor does it include mW striping and signag~. Those pri~s will bc forthcoming. [.ct me know if you need this price broken down in a pardcula.r format. U$/LII~/~ 1UU .I.U:UU k-..Li ~4~ Z:'4 4J. UJ. ega~,-05-~ O¢l,:~Op Craig Realty Group - l'agc 2 April 20. 1999 ATTACH' ENT 40 Page ~ of o7 ~ AIsn, thc traffic signaL~ and comrollcrs should hc ordcrcd right away. They are 60 to 90-d~y ~cad items, which could affect your opening date. 'l'h¢ strccl, light poles arc a 45-day Icad item. Pl~sc ici me know if you h~vc a.ny questions or require addifiona.! inforlnation. Sincerely. P~trick T. Mahoney' Project Ma~agcr CC: File: Craig Elliott Mike Pricc Scott Perala Bob C~rlisle 7067.18191 u$~'06~B IHLi 10:00 YA_'k 94~ 'ZZ4 41UI Cl<.-klL, l<k..kLl~. L,t<Ubt~ ATTACHMENT2 Page ~ of ~ o~ PROJECT ' Traffic Signalization and Street Lights at Woodburn Company Stores IOE BIO DATE.: Apdl 20, lg99 OLDG AR '-L~: SF BID TIME: 2:00 pm SITE AREA: SF ES TtMv~.T O R. / /Lk ht Poles at Arney Road E~onsion | /L~ht Poles atArne¥ Road/$prague ~/r~a~c Signals j /OOOT L~ht Poie ~elocate J /ODOT SUBTOTAL J~ Safe~ Dir~tor SLIBTOI'AL 10.~.4% Margin on Co.~t ov~rrun 8mourff SUBTOTAL Insurance.'Pension Builders Risk Yes or No TOTAL"Bio ' A~nount to be added ~a change order; PRIC £ $138,sg5 Included $142,08~ $S,4~ $,4,750 $1,484 Future bid F~ure bid $292.344 incl $292,3,44 $300,B6B by owner $3,o0,8681 $20cJ,0g9 $91.769 RE~RKS COST/SF total ~[fs~e lo date: Southbound ram p Arnay Rd Extension Lights 2nd Signals S~btotal: Less Bid Allowancec OverrUn lo date $113,140 $677,761 ~92,3~ $1,083,245 $83,245 ~$,U0~9 I~L 1U:UU l-A.%. ~4~ Z?4 41UI May-05-99 04: 51P ATTACHMENT Page ~ of 05/06/99 THU 10:01 FAX 949 224 4101 CRAIG REALTY GROUP ATTACHMENT Page./? of Westech Engineering, Inc. 3841Fairvie~ ltd. Dr. ~IE, Suile 100 Salem, C81. 973o2 ($03) $85-2474 FA~: (50~1) S85-3986 Fax To: Stm~ Craig From: F,~y Engcl ComImJ~ Craig l:[catty Pages: "~ ('moloding covea' sh~t) FAX: 9,49-224.-4101, rtat~: May 5. 1999 Re: Arncy ~ J.O. 2099.200.0 Comme..n~: The cost e_~timates for Arney II.oad and Highway 219/Woodland Avenue ~e amu:h~. I have discus,seA the~ with SD Deacon and we are in good agreement ovea-all. We have somc dittcrcnccs, ~s would normally be expected. Please !~ me kmow if you s~c any modifi~fions you consider necessary. ILay ][nlgel on the doo.un~nt rec~ed or if any pa~es are rtdssing. ; 05/06/99 THU 10:01 FAX 9.i9 221 4101 CRAIG REALTY GROUP ~018 ATTACI-flJVIENT Page I;~ of IOE NO. DESCRIPTION · m mm 3. Tm~a~l~f Trallk: 4. e. ~&W~ L PCC C~ ~ T~ C ~0. AC Sa~ C~ ,OV~N,. UNIT PRICE ALL US. ALL L.S. ALL L.S. lump 1500 c.Y. S 1500 C.Y. ~--q~ C,Y. 10 30O $.¥. 2 ~ TONS 14 7SO C.Y. 33 10o LF 12 ~ L.F t81~ S.F. 2.S 1~0 S.F. 4 14Q~ TONS 45 ~ TONS 45 225~ L.F. 1.5 2.2So L.F, a 12 F. ACH 18~3 L.F. 16 ALL L.S. L~ ALL L.S. ALL L.S. Luff, ALL LS. Lump ALL L.c. PRICE 05/06/99 Tit. U 10:01 F.~ 9-19 224 4101 CgAIG F, hALIt GROU_P ~019 IOE ATTACHMENT Page _/~ of NO. DESCRtPT'eON i. Pips,~z~: 4'm21' 1) GUi b, Pfl3e &i~l 2¢ ~ 4a' ',) C~I i. 12' PVC b. M" C(x'x;nll ~. C~'~ BaaZm, a. ~ ~ (0~') &. B,3~ eM, In f.~er:.Jc~ SU~TOT&L ~TORM ~GE E6TIMATIr. U - UNIT QUAN. UNIT PRICE ALL L S. Lun~ $1all 0-~' [:)e,K) lgS LF. t~ $ 1~5 L.F. 1~ 35 L.F. 1(33 S EACH 1000 I EACH 13:X3 I EACH 7CZ3:) 54 L,F. 1COX3 ALL L.S. L~.~p S~ $ $ S S $ $ S S pRICE 3.120.00 3,500.00 s,~n.(30 1,2CO.CX3 7,000.C:X:) 54,000,133 G,CX::X3.00 11,341.~0 IOE ATTACHMENT Page 7c~'~ of ~ QUAN. UNIT PRICE I4,JMMAJ~Y ~i. 6TCX~M ~ ~T: Hi, gimpy ~$l· Woodi4~ Awn,.,. J,O,: 2Gd4.t~,.8 ATTACHMENT Page ~'~ ! of -- IOE QUAN. UNIT UNIT PRICE[ ALL L.S. LI.ImG ,Sum ALL LS, Lump S4Jm ALL L.S. Lta'rko 1(30 C.Y. S 4~0 C.Y. 10 100 $,Y. 2 BDO TONS 14 1(]0 G.Y. 400 L.F 12 1~ L,F g75 S.F. 2.5 I:~X~ $,F. 4~) TONS 45 leo TONS 45 7CZ) L.F. 1.5 700 L.F, ALL L.S, PRICE 05/06/99 TItU 10:02 FAX 949 224 4101 CIL~,IG REAL'fi' GROUP Idl022 LGCATIClkI: ~ OR ,,I.O.: 3~ll. lmaJ DATE: Iday ~ ti# ATTAO~I~ENT Page ~ 10E NO, DESCRIPTION 1) ¢~--" I Jn~ ~ ~. Z DII MH I. Ug'I'OTAL STORM DI~AJI~OE GA' Dmm F..,~ I'IMATF.,,D UN]T ALI. 1glS L,F, 16 35 L.F. 40 1~S L.F. $8 .3~ L,F. to0 S EACH t 01:30 I EACH 12~0 1 ~CH ~ ~ L.F. ~ ALL L.S. Lu~ Sum TOTAL PRICE $ 3.120.~13 $ $.4~33,00 $ 3,120,00 $ $ IOF Memo To: From: Mayor and City Council via John Brown, City Administrator D. Randall Westriclc, Recreation and Parks Director Steve Goeckritz, Community Development Director Frank Tiwari, Public Works Director Subject: 100' Strip Date: May 6, 1999 RECOMMENDATION: Staff recommends that the City Council discuss the issue and provide staff with direction regarding future steps concerning this matter. BACKGROUND: On April 15, 1999, staff met with residents in Senior Estates who live on Columbia Drive. These residents live next to the 100' strip that separates their properties from the Montebello development. At that meeting, Senior Estates residents voiced their concerns about the 100' strip. An outline of the ideas expressed is attached. Based on the resident's concerns and opportunities for use of the property, staffhas developed three options for the property. These options are described below. DISCUSSION: Option #1 Maintain the residential character of the neighborhood with no transportation corridor. This option provides single family development to immediately abut the current single family development that exists within Senior Estates thereby maintaining the neighboring single family character. SCENARIO A - Dedicate the 100' strip equally with between the developer and neighboring Senior Estates residents. This scenario provides the following opportunities: · · · · · Moves Baylor Drive within the proposed Montebello subdivision further west providing more buildable acreage for Capital Development. Consistent with some Senior Estates residents want to receive half the 100' strip. Provides a dedicated bicycle/pedestrian route along Baylor Drive within the proposed Montebello subdivision. Realigns the arterial route from Evergreen Road to Stubb Road via Stacy Allison. This option requires the construction of only one fence or wall (already required as a condition of approval for the project). 100' Strip Page 2 May 3~ 1999 IOF Allows f~r limited dedication of land from the developer for public facilities including storm water detention and playground/tot lot/park (limited because the developer receives 50 percent of the 100' strip. Consistent with residents desire not to use 100' strip for transportation. Actions needed to implement Option #1, Scenario A include: [] Legal opinion regarding the proper methods to negotiate disposition of property in this manner. [] Possible amendment to the transportation plan. SCENARIO B - Dedicate 65 percent of the property to the developer and 35 percent to Senior Estates residents. · · · · · · · Moves Baylor Drive within the proposed Montebello subdivision further west providing more buildable acreage for Capital Development. Consistent with most Senior Estates residents desire for receiving a portion of the 100' strip. Provides a dedicated bicycle/pedestrian route along Baylor Drive within the proposed Montebello subdivision. Realigns the arterial route from Evergreen Road to Stubb Road via Stacy Allison. This option requires the construction of only orie fence or wall (already required as a condition of approval for the project). Allows for some dedication of land from the developer for public facilities including storm water detention and playground/tot lot/park. Consistent with residents desire not to use 100' strip for transportation. Actions needed to implement Option #1, Scenario B include: [] Legal opinion regarding the proper methods to negotiate disposition of property in this manner. [] Possible amendment to the transportation plan. Option tt2 Maintain a non-motorized corridor within the 100' strip. This option will maintain a non-motorized pathway within the corridor. Option #2 also offers two opportunities for consideration. SCENARIO C - Utilize the entire 100' strip as a non-motorized transportation/recreation corridor. Provides areas for public needed public facilities including storm water detention and tot lots. Requires construction of two block walls or fences to provide sound mitigation, security and privacy. Inconsistent with residents desire not to use 100' strip for transportation. Funding for development of the transportation facilities need to be identified. Provides land for utility easement. 100' Strip Page 3 May 3~ 1999 10F Actions needed implement Option #2, Scenario C include: [] Legal opinion regarding the proper methods to negotiate disposition of property in this manner. SCENARIO D - Dedicate 30' to both Senior Estates neighboring residents and 30' to the developer and maintain a 40' non-motorized transportation corridor. · · · · · Requires construction of block walls or fences to provide sound mitigation, security and privacy. Does not provide a location for public facilities such as tot lots or storm water detention facilities. Funding for development of the transportation facilities need to be identified. Inconsistent with residents desire not to use 100' strip for transportation. Provides land for utility easement. Actions needed implement Option 82, Scenario D include: [] Legal opinion regarding the proper methods to negotiate disposition of property in this Opt/on g3 Do nothing with the 100' strip and defer the decision until later. The City could defer a decision regarding disposition of the property. While some options remain open, other options are lost. Scenarios outlined in Option #2 remain open. Should the City opt to vacate the strip, the only disposition of the property would be to add additional property to residents' backyards in Montebello and Senior Estates. This option would create a "no man's land" between the developments. Fencing of both developments for security and would be neexted. Attachments 14A Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 Or'April22 !999 tine Planning Commission approved w~th conditions tnedevelopment of a 4 278 square foot veterinary clinic adjacent to and north of the Motel 8 on Evergreen Road The Plann~n90omm~ss~on Order' and a Site Plan are attached On April 30 1999Gary La Polntsubm~ttedaletterappeal~ngthePlannlngC, omn~sslons deos,onto, approve S~te Plan99-01 That letter of appeal is also attached Chapter11 Section11 060 of the Woodburn Zoning Ordinance establishes that any act~on Planning Commission may be appealed to the City Council if filed within ten days of tine effective date of the Planning C, omnn~ss~on decision Mr LaPoint s appeal was submitted ~n the aliotted t~me Ttne City C, ounol is required to hear tine appeal within 20 days after the City Council ~ece~ves such appeal Staff therefore recommends the Council hear this appeal at your regularly scheduled nea~ng of May 24 1999 A complete Staff Repo~t will be provided ln your Ma')" 24 1999Oouncil packet Note 120 Day Rule - July 16. 1999 14A Garry L. LaPoint LaPoint Business Group d.b.a. Exxon of Woodburn 850 Lawson Ave. Woodbum, Oregon 97071 April 29, 1999 Steve Goeckritz Planning Director City of Woodburn 270 Montgomery St. Woodburn, Oregon 97071 Subject: SPR - 99-01 Proposed Veterinary Clinic Dear Steve, This letter is to appeal the planning commission decision that approved the referenced site plan. The planning commission has failed to address the issues raised in the letters listed below. This site plan should not have been approved as submitted. The city council will need to address the easement issues and the drainage issues before approving the present site plan.. The terms of the easement must be followed and the site plan must be in accordance with the terms in the easement. April 6, 1999 April 13, 1999 April 6, 1999 Garry L. LaPoint Garry L. LaPoint Gerald Whitcomb d.b.a. Exxon of Woodburn, L.L.C. d.b.a. Exxon of Woodburn, L.L.C. d.b.a. The Peninsula Group, L.L.C. The easement issues have not been addressed covered by (1.1) of the Mutual Non-Exclusive Access Easement, Signage, and Maintenance Agreement to which he is not a party. It clearly states for ingress and egress only. This does not extend to parking. It is my understanding there is case law to confmu this. The agreement provides that a party of this agreement must give 90 days notice. This has not been done. The safety issues were only raised to point out the reason in the easement agreement (1.1) only allows for ingress and egress and does not extend to parking as explained in Mr. Whitcomb letter. The applicant has requested permission to hook up to the existing storm/sewer system that was denied by The Peninsula Group, L.L.C. as explained in Mr. Whitcomb letter. Please deny the present site plan as approved by the planning commission until such time the above issues can be resolved and a site plan submitted that is consistent with the other parties of the easement. C][TY OF WOODBURN '270 Montgomery Street · Woodbum, Oregon 97071 · (503) 982-5`222 TDD (503) 982-7433 · FAX (503) 982-5244 IN THE PLANNING COMMISSION OF WOODBURN, OREGON SITE PLAN REVIEW 99-01 FINAL ORDER WHEREAS, a request was made for the Planning Commission to hear a proposal for the construction of a veterinary clinic consisting of a 4,278 square feet and; WHEREAS, the Planning Commission reviewed the matter at their regularly scheduled meeting of April 8, 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 kept the record open for written submissions until April 22, 1999, and then considered the record before it in its entirety; and; WHEREAS, the Planning Commission moved at their hearing of April 22, 1999 to approve Site Plan Review 99-01 and instructed staff to prepare findings and conclusions. NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COMMISSION: The Planning Commission approves Site Plan Review 99-01 based on findings and conclusions contained in Exhibit A, and conditions of approval contained in Exhibit B which are attached hereto and by reference incorporated herein. 14A Approved: ~;~airpe~so~ ' FINAL ORDER - SPR 99-01 14A EXHIBIT "A" FINDINGS AND CONCLUSIONS RELEVANT FACTS The site is located off of Evergreen Road between highway 214 and Stacy Allison. The property is identified as a portion of tax Lot 400 (Acct # 44075233), Township 5 South, Range 2 West, Section 12C. No conditional use application is required with this request for a veterinary hospital. The applicant has stated that occasionally pets are kept overnight and that less than three percent of business is attributed to boarding. Therefore, staff concurs that boarding of animals is subordinate to the hospital use. The applicant has recently received administrative approval of a lot line adjustment 99-01 WOODBURN ZONING ORDINANCE FINDINGS This section of the zoning ordinance does not address parking requirements for veterinary clinics. The applicant has provided parking based on a medical clinic. Based on 4,278 square feet and 10 employees 20 parking stalls are required and 20 parking stalls are proposed. Eight stalls are for compact cars. The applicant is proposing two loading spaces and access is via a shared private access from Lawson Avenue and Evergreen Road which already meets city standards. The proposed building is in conformance with current standards for setbacks. The surrounding properties to the south, east, west and north are commercial in nature. The proposed landscaping exceeds the minimum requirements for the commercial general district (see site plan). 48% of the area is proposed to be landscaped, 15% is required. The applicant has shown most of the required landscape elements. The parking lot and landscape strip adjacent to the street do not show the required trees. Evergreen Road is identified as a service collector in the transportation plan. The proposed use will be utilizing a private access easement that is shared with adjacent uses. FINDINGS & CONCLUSIONS - SPR ~9-01 - Dr. Paradis Page 1 of 3 14A 10. 11. 12. Storm drainage is not available to the site but can be made available. Public works staff has reviewed this proposal and offers two options to the applicant. Pedestrian and bicycle traffic can be accommodated through existing sidewalks adjacent to the structure. Bicycle racks (2) are proposed on site. This staff report has discussed the approval criteria as it related to site plan review. The applicant has provided substantial evidence that the proposed use is in conformity with the development requirements of this ordinance, or can meet the approval criteria with conditions of approval. No sanitary sewer is located adjacent to this new development site. The public works department has reviewed this situation and has offered two options to the applicant to connect to existing service. Various commercial uses, multi-family and other clinics are located in the immediate area. Out of all the allowed uses, this proposal is less intense than what could be allowed. The proposed free standing sign meets the sign ordinance standards. The sign adjacent to the Evergreen drive way has not been identified and the applicant has not shown any roof or wall sign on the building. The proposed use is allowed under Chapter 30 Commercial General District. The proposed structure meets the setback requirements. It is within the height limitation of the zone and there are no lot area or setback requirements for this zone. FINDINGS & CONCLUSIONS - SPR 99-01 - Dr. Paradis Page 2 of 3 14A EXHIBIT "B" CONDITIONS OF APPROVAL o The proposed development shall be in substantial conformance with the preliminary plan. Submit a landscaping and irrigation plan to the planning department for review. Provide required trees in parking lot and on property adjacent to street. Staff also recommends street trees in ROW adjacent to Evergreen Road to match what is in front of Super 8 Motel. Submit sign plan to building department for approval and permit. Approved backflow devices may be required. 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, system development charges have been paid. Prior to occupancy permit issuance, the applicant shall submit on set of reproducible as-builts. FINDINGS & CONCLUSIONS - SPR ~9-O1 - Dr. Paradls Page 3 of 3 14A SITE PLAN REVIEW ANIMAL MEDICAL CLINIC EVERGREEN ROAD Ae GENERAL CONOrrlONS: Final plan shall conform to the construction plan review procedures and standards. On-site existing water wells and subsurface sewage disposal systems shall be abandoned in accordance with state regulations. All city maintained facilities located on private property will require a minimum 16-foot wide utility easements to be conveyed to the city. This development shall not cause storm water runoff to be impounded on adjacent properties. A recorded copy of any required third party easements or agreements shall be provided to the city prior to any building permits being issued. Ail work shall conform to the City of Woodburn Standards and ail State Building Codes. STREET AND DRAINAGE: This development will utili~,e a private shared access from Lawson Avenue and Evergreen Road. This mutual non-exclusive access easement, signage and maintenance agreement, recorded in reel 1291, page 178 is subject to certain terms and conditions. It is the applicants responsibility to comply with them, the city's approval or comments do not pertain to this agreement. The existing city maintained storm sewer system on Evergreen Road ends approximately 120 south of this development. If grade is sufficient, the city system could be extended by the applicant in accordance with city standards to serge this site. The other option would be to utilize the existing private system serving the Super 8 Motel site and a portion of the proposed development site, this would require the proper agreements and/or easements between the affected property owners and would need to be recorded with Marion County. On-site storm runoff detention will be required in conformance with city standards. On-site catch basins shall be the pollution control type. 14A Ce De WATER: Domestic and/or irrigation service can be provided from the existing water main on Evergreen Road. Proper backflow prevention devices will be required and shall be located and installed in accordance with city standards. Water meters shall be placed within the Evergreen Road right-of-way. Additional fire hydrants and/or fire protection issues shall comply with the Woodburn Fire Districts conditions of approval. SANITARY SEWER: With the separation of this parcel from the parent parcel, McDonalds tract, no sanitary sewer service is provided to it and in addition, no city maintained sanitary sewer is adjacent. The development will need to connect to the existing sanitary sewer main within State Highway 214 or the sewer main located at the intersection of Stacy Allison and Lawson Avenue. Private easements will be required to get to either location and a permit from the Oregon Department of Transportation would be required to utilize the city main within State Highway 214 fight-of-way. See wastewater comments in regard to additional conditions of approval. 2 IVOODB URN FIRE DISTRICT Prevention Division Site Plan Review Comments 14A Memo To: Steve Goeckritz, Planner City of Woodburn From: Robert Benck Fire Marshal Date: 04/01/99 Facility/Project Name: Paradis Vet Clinic Location: Evergreen Rd. Occupancy Class: B A. Access: 1. Exterior of Facility: Driveable access to within 150 feet of all sides of all structures. Access ways over 150 feet in length must provide turn around location. Minimum access width is 20 feet. Access way must be maintained free of obstructions. 2. To Interior of Facility: Preliminary drawings would indicate acceptable access. B. Building F~cit 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 flow/ Water Supp~: Type II-N Building will be 1500 gpm Type V-lq Building will be 1750 gpm If sprinkled the require flow will be that required for the sprinkler system design but not less than 1500 gpm. D. Hydrants: Non sprinkled building will require one hydrant. Adequate hydrants are present in the area. E. Sprinkler/FDC: If sprinkled the FDC for a sprinkler system will be located off of the building and at a location near a fire hydrant with the approval of the Fire District and City water department. If sprinkled, as required for monitoring of sprinkler system. (7. Premise Identi£w~tion: Markings and location to meet city standards. H. Special Occupancy Requirements: Fire extinguishers will be required. Extinguisher size and type and location to be approved by the Fire District prior to occupancy. Compressed Gases Storage including medical gases and use shall comply with Article 74 of the Uniform Fire Code. Criteria for storage depends upon quamity and location of cylinders. A room designated exclusively for medical gases is required as a minimum. I. 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 facility. COMPLIANCE wrI~ THESE REQUIREMENTS ]~)_g.~,,q..l~LO~ CONSTITUTE PERMISSION TO BUILD. BUILDING PERMITS AND PLANS REVIEWS BY THE APPROPRIATE BUILDING OFFICIAL IS REQUIRED. PERMITS AND APPROVED PLANS MUST BE ONSITE DURING CONSTRUCTION. 14A WOODBURN FIRE DISTRICT 1776 lqewberg Hwy. Woodburn, 01~ 97071 (503) 982-2360 Fax (503) 981-5004 14A SUBDIVISION/SITE PLAN REVIEW- PRE-APPLICATION/NOTES NNNNN~NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN REQUEST DATE: '-'~,(~cl,'~ ~.~,tqqc-t DEPARTMENT: CONTACT PERSON: Planning Department, 982-5246 APPLICANT: ©,~. ~,'c(/- TYPE OF PROJECT: ~,~ PROJECT LOCATION: , 1999 TIME: CONFERENCE -- '~"~'~ ~ '~' ~'< ~ ~ ~ PLACE: Conference Room Date: Woodburn City Hall GENERAL INFORMATION TO APPLICANT I have read the information sheet provided me and understand that which is pertinent to my Site Plan Review/Pre-Application request. All materials are to be collated and folded. Signature - Owner/Agent DEPARTMENT COMMENTS THE FOLLOWING IS REQUIRED AFTER PRE-APPLICATION CONFERENCE: 1) Eight (8) copies of Final Plan must be brought into Public Works 2) "As Builts" must be provided prior to issuance of the building permit Blank SPRPRE FORM 14A ,/ ; 800 ..................... ~" § 800 A1 700 1000 1.25 AC 100 300 .~.~;,w~ ~1 · '1T~.12' ' 21~0 501 ~0 0.~ AC L~ AC 1~6 ~ 602 L. !~ ..... ~, . .-.~.' · , ,7~ .... pARff. I~ 1 ALUSON WAY 7' 14A (NOI~TN t- EYEF~f~EEN ROx rtl May 10,1999 Mayor Richard Jennings and Members of the City Council, Kathryn Figley, President 270 Montgomery St., Woodburn, OR 97071 Ladies and Gentlemen: Ref.: No. 1: City Council Agenda Item 10F "Review of options on Montebello Subdivision" No. 2: Excerpt from letter, dated Jan. 28, 1999, to Woodburn Planning Commission, "RE: Plan Map Amendment, Zone Change, 75-1ot Subdivision for Capital Development" with a list of signers. No. 3: Meeting April 15, 1999, City Staff with residents on west side of So. Columbia Drive. Option #1, Scenario B, item 2 states in part, "Consistent with most Senior Estates residents .... "May I suggest that reference be changed to read "those Senior Estates residents on the west side of So. Columbia Drive". They are the ones involved and all 35 of them signed the original petition to the Planning Commission, Reference No. 2, in which a "Problem: Evergreen Extension 100'xl 700' Right-of-Way no longer needed for roadway", was cited. A 50-50 split of the 100' right-of-way was requested, Some, at the Ref. No.'3 meeting did suggest a 35-65ft split but the question remains as to just how many would support that alternative. To minimize any negative impact on Capitol Developments plans I suggest a meeting with the residents of So. Columbia Drive on Option #1 at which: A. The City Attorney will present the legal opinions regarding the proper methods to negotiate transfer of the property to the residents involved, and Capitol Development. B. A clear definition of "utility easement" is presented, the utilities included, and the impact they will have on the property owner(s), now and in the future. C. A decision is made on the 50-50 or 35-65 split D. Final recommendations are prepared for Council approval at its next meeting. Sincerely yours, Harold Spohr 813 S. Columbia Dr. THE FOLLOWING MATERIAL IS EXCERPTED FROM THE REFERENCE NO. 2 LETTER Problem: Evergreen Extension fOO' x 'I700' Right-of-Way no Ionger needed for roadway Solution: The suggested use of Evergreen 100' Right-of-Way forpark-greenway- wildlife habitat is not feasible: (1) the parks department doesn't have enouoh money to keep up its present parks; (2) there is the likelihood that the Right-of- Way area would be used by illegal campers, drug users, and people dumping their garbage and yard trimmings. The Evergreen extension 100' Right-of-Way should be vacated, rett~rning 50' to adjacent Columbia Drive residents and 50' to adjacent Capital Development property. We ask that this street vacation be done. before the new houses are built so that new lot lines won't disrupt the fencing and landscaping in the new housing development. THE FOLLOWING IS A LIST OF THE LAST NAME AND ADDRESS NUMBER OF THOSE ON SOUTH COLUMBIA DRIVE WHO SIGNED COPIES OF THE ABOVE LETTER WYNN-113 EBERHART-137 HOLT-157 COLDWELL-179 STOUT-199 WILLIAMS-221 POWELL-245 GALLEGOS-265 COOLEY-287 BLAUMER-309 THOMPSON-331 STOWE-353 BEAR-375 PENZA-399 JUBB-421 SPECKELS-443 KEMP-465 BRENDLE-487 DERTING-509 POKORNEY-531 STENGER-555 EDWARDS-577 McCU LLY-597 COLOMBO-621 KNISKERN-643 JENSEN-665 BRODESSER685 SPILLING-705 BLOIS-729 SPEIGHTS-751 DAVIS-775 HURD-795 SPOHR-813 GRODD-839 SANDWICK-857 Community Development ~70 Mon%gomery Street MEMORANDUM Woodburn, Oregon 97071 (503) 982.524~ Date: To: From: May 6, 1999 City Council & Planning Commission Dave Christoff, Chair Growth Management Citizen Advisory Committee Teresa Engeldinger, City Planner'1~F~ As you are aware the City is working with a group of consultants to assess the City's needs for housing, commercial and industrial development and support facilities such as schools and open space. An inventory has been completed that indicates the City has approximately 915 acres (supply) of available land inside the Urban Growth Boundary. The demand for land in the next 20 year planning pedod is approximately 1,485.1 AC. This specifically means that the City is approximately 570 acres short of commercial and industrial land. Please note that all of the information is still in draft form. Some corrections have been made to commercial and industrial land categories and s~aff expects more revisions. The Citizen Advisory Committee would like to invite the Council and Commission to the next three meetings. May 18, 1999, 4:00-6:00pm - A presentation showing how land inside the Urban Growth Boundary can be efficiently used will be made by Keith Liden of McKeevedMorris. May 2_5, 199,9, 7:00-9:00pm - To discuss the City's future if current development trends continue. Discuss alternatives that allow for future land demands inside current Urban Growth Boundaries, or expansion of Urban Growth Boundary or a combination of both. June 22, 1999, 7:00-9:00pm - Evaluate and recommend a preferred approach for accommodating the City's land demand. SUPPLY Percent UGB by Existing Plan Designation 35% 30% 25% 20% 15% 10% 5% 0% Summary of Buildable Lands Inventory Out of the 4,050 acres in the UGB, a total of 915, (26 perccnt) arc '~Buildable" acoording to thc Buildab]e Lands Inventory (BLI). The BLI uses a Geographic Information System (GIS) and Marion County Tax Assessor data to identify vacant lands and other Ia~ds that can be considered as developable. The BLI is a database that starts with gross vacant lands and subtracts land that is environmentally constrained, and subtracts land needed for future public facilities such as road right.of-way. The BLI also considers lax lots that arc greater than one-half aom and have a structure since those tax lots may be .partitioned or subdivided further - these are called "partially vacant". Finally, the BLI adds lands that are h'kely to redevelop duc to a s~'ucturc RECENT TRENDS EXISTING CONDITIONS The attached information prepared by W & H Pacific shows there are 3,222 acres of land in the current city limits and a total of 4,051 acres when the land in the UGB, but outside of the city is included. Of this land, a total of 915 acres are buildable according to four land use categories in the Comprehensive Plan. The term '"ouildable" means that land is vacant, partially vacant, or likely to redevelop with new residential, commercial or industrial use. Bulldahle Land Available in the Woodburn UGB Comprehensive Plan Designation ,, Acres Low Density Residential (<12 units/acre) High Density Residential (> 12 units/acre) Industrial Commercial 521 139 109 145 Total 915 Woodburn Housing Building Permits (1988-1997) Unit Type Avg. Units/ Estimated Units Net Acre Net Acres Single Family Manufactured/Mobile Home Manufactured/Mobile Home Park Duplex Multiplex (3-6)* Multifamily. (7+ unites) 392 5.46 71.8 301 4.28 70.3 181 7.75 23.4 76 15.30 5,0 65 6.98 9,3 286 23.61 12.1 Total 1,301 6,79 191.8 * Very few records for developments of this size include site size dam. The sample siz~ for net density is I~ ofthe 65 unit.~. Single-family housing was developed at an average density of 5.46 units per net acre, slightly more dense than manufactured/mobile units on lots (at 4.28) but less dens~ than manufactured/mobile units in parks (at 7.75). In terms of att&ched housing, multi-family structures of seven or more units provide the densest housing at an average of 23,61 units per net acre, followed by duplexes at 15.30 units and 3-6 unit buildings at nearly 7 units per net acre. The actual density of all 3-6 unit buildings may be different. Limited site size data was provided for these buildings. 2 UD/ .L~/ ~ Demographic & Economic Trends A review of demographic and economic trends and projections is useful to understand tho community context within which fumr~ housing and employment needs can be assessed. Trends considered by this memorandum include population, household size, race and ethnic oti§in, age, employment, and income. Population As of 1998, the Center for Population Research and Census at Portland State University estimates thc population o£the City of Woodbum at nearly 16,600, accounting for over 5% of the Marion County population. Woodburn's population is forecast to reach 25,290 residents as of the year 2020. Figure 1. Area Population Trend~ (1970-2020) 1970 1980 1990 1998 2020 Woodbum ?,495 11,196 13,404 16,585 26,290 Marion County 151,309 204,692 228,483 271,900 378,208 Oregon 2,091,533 2,633,156 2,g42.32 ! 3~267,$$0 4,326,000 Source: U.S. Census Bureau, Portland Statc University Center for Population Research and Census, Oregon Office of Economic Analysis. From 1990 to 1998, population within the incorporated city limits increased by neatly 24% or an average annual compound growth rate of 2.7%. This is a significantly higher growth rate than the previous dec. adc 0980-1990) at 1.8%, but not as high as average nnnual growth occurring in tl~e 1970s (at 4. I%). Between 1990 and I998 the countywide population increased by over 43,400 residents (a 19% increase or an average annual compound growth rate of 2.2%). Like Woodburn, thc highest level of recent growth in Marion County occurred in the 1970s (at an averse annual rate of 3.1%), fotlowcd by a more moderate pace of growth (1.1%) in the 1980s. Figure 2. Woodbum Marion County Oregon Source: Average Annual Compound Population Growth Rates 19~0-1980 1980-1990 1990-1998 1998~2020 4.1% I.~ 2.7% 2.1% $.I% 1.1% 2.2% 1.$% 2.3% 0.8% 1.8% 1.3% U.S. Census Bureau, Portland State Universky Center for Population Research and Census, Oregon Offic~ of Eoonomic Analysis, E.D. Hovee & Company. Marion County population growth rates have been consistently higher than the state average since 1970 and growth rates for Woodbum have tended to be higher than either county or statcwide growth rat~s. Consist~t with these historic trends, the forecast average annual growth rates for Woodbum and Marion County over the 22-year period fi:om 1998 to 2020 arc cxpcctcd to be 2.1% and 1.$% respectively compared to thc statewide rate of 1.3%. 3 CACI Ino., a national stati~cal estimating/fo~g company provides an anuual estimate of race and ettmic origin distributions for zip code areas. The Woodbum zip ~de (97071) area encompasses more than the city alone and so was somewhat l~s racially diverse than the city in 1990. This data source indicates that the proportion of Hispanic and other race residents in the zip code increased si_tmifieantly between 1990 and 1998. Figure 5. Woodburn Zip Code Race & Ethnic Origin (1990L1998) Race 1990 1998 White 83-~% 77.7% African American 0.4% 0.4% Asian or Pacific Islander 0.5% 0.6% O~r Race 15.8% :213% Total 100.0% 100.0% Hispanic 25,5% 35.2% No~e: Data is for the 97071 zip cod~. Source: CA¢I, Inc. This data dearly indicates that the proportion of Hispanic residents in Woodbum h,~ also increased significantly in recent years since the last d~cennial census. It is noted that Woodbum School District enrollment statistics indicate Historic students accounted for nearly 5 I% of tomI enrollment as offal] 1998 ~ a proportion greater th~ that of the general population. Age of Population Aa of 1990, the City of Woodbum had a higher proportion of childre~ adolescents and seniors than was typical for Marion County and Oregon as a whole. County and statewide there was a much higher proportion of r~idents ages 25-64. This r~flec~s both the trend of lar~er than average size Hispanic families and senior focused housing subdivisious in the City of Woodburn. Figm'e 6. A~e Group Age Distribution (1990) Woodburn Mar[on County O~egon 0-17 27.1% 26.4% 25.5% 18-24 9.3% 9.5% 9.2% 25-44 23.0% 31.7% 32.8% 45.6~ 13.6% 18.0% 18.7% 65+ 27.0% 14.4% 13.8% Total 100.0% 100.0% 100.0% Source: U.S. Ceusus Bureau. The 1994 Woodburn Population Enumeration conducted by the Portland Stere University, Center for Population Research and Census indicates that since 1990 growth in younger populations has resulted in higher representation bf all groups except those 65 and over. Age of Householder Householders arc the persons in thc housch~;ld who make the decision about whcr~ to live. This information is useful in determining both current and future housing needs. 4 UD/ mu/ ~:~ UJ.*,0~- Ln ~ U ,,.) O0z- In 1990, Woodbum had a much higher proportion of householders 65 and over and lower proportions of householders age 25 to 64 th:~n the rest of Marion County. If this trend continues a high proportion of new housing could be oriented to seuior~. However, c, hangea since 1990 suggest an emerging ,,ced for housing targeted to younger families/households. Figure 7. Age of Householder Distribution (1990) 5.0%. SoUrCe: Under25 25-44 ~ 65+ Imvve~t~um m ~,m~on ~unt~l U.S. Census Bureau. Employment by Place of Residence As of the 1990 census, Woodbum residents were most likely to be employed in the services, manufacturk~, or wholesale/retail trade sectors. Combined these sectors aecounl~4i for nearly 73% of thc employed population. These were also the top three employmeai sectors for residents throughout Marion County. However, manufacturing represonts a larger proportion of the empioymcnt base for Woodbum residents (at 25°/,) thsn throughout Marion County (14%), as does. agricultural employment (12% in Woodbum compared to 6% countywide). Figure 8. Industry Sector Employment by Place of Residence (1990) MArion Woodburn County Agriculture, Forestry, and Fishing 12.0% 6.4% Mining & Consu~ction 4.6% 6. I% Manufacmflllg 24.9% 13.8%. TCPU 3.2% 4.7% Wholesale & Retail Trade 22.2% ~ 3.7% 6.1% Services 25.6% 32.1% Poblic Administra~on 3.7% 9.S% Total 100.0% 100.0% Source: U.S. Cc.~ Bur~m. Major Eml~loy~r~ The top ten employers in the City of Woodbum include a variety ofpublio and private organizations. Agripac, which process~ fruits and vegetable~, employs up to 1,430 people in peak season and 430 in off-peak months. Woodbum School District hzz 380 employees. Figure I0. Top 10 Employers in Woodburn Firm Product/Service Employment WarcMan/Winco Foods Woodbum School Dis~ct . Conroy Packing Coml~ny Fleetwood Homes Wal-Mart Silvcrcrest Industries Wholesale Hardware Lac. City of Wood~urn K-Mart Source: Food Pro~v. szing 430/I,430 pink Distn'bu~on Center 507 S~! D~ 380 FO~ ~g 275 M~ufa~ H~es ~ 0 D~co~t ~1 176 ~ol~e ~ D~bufiou 120 Gove~ent 98 D~co~t ~il 80 Salem P.~,onomic Development Corporation (SEDCOR), ED. Hovcc & Company employer contaff~s, and City of Woodbum. The 916,000 square foot WareMart/Winco Foods distribution center currently employs over 500 perso~ and serviee~ 32 stores throughout thc region. New ~tores continue to be opened with replacement stores for Eugene, Oregon and Napa, Idaho due to come on linc in the next two monthz. Employment opportunities at the Woodbum center are slated to continue to increase in support of other new store additions until facility capacity (590 jobs in nearly 1 million square feet) is reached sera. me in 2004. Agripac Inc. recently filled Chapter 11 bankruptcy. However, the two planl~ in Woodbum have reportedly b~en purchased and impacts on employment are expected to Ix: roi.lin.1. It should be noted that the .t.M. Smucker Company that produces berry jams and Purees has a peak sea.son employment level of $50, but did not make the top ten list because off-peak employment drops to 60 persons. Currently under conxtruction is the Woodbum Company Stores outlet mall, with completion expected in July 1999. This retail facility is expoo~ to employ 700 to '/50 persons upon build- out of the nearly 245,000 square feet of retail space. 6 Population, Household Size and Other Demographic Trends Populal~on growth, household size, and age of householder are important housing demand factors. Trends for these factors are discussed ia this section. Population Over 9,700 new residents are expected in Woodburn between 1998 and 2020. This is equal to an average of approximately 440 new residents per year or an average ~nnual compound growth rate of 2.12%. Figure 1. Population Population Trends in Woodburn (1970-2020) Item 1970 1980 1990 1998 2020 7,495 11,196 t3,404 16,582 26,29, Average Annual Growth 370 221 398 441 Average Annual Compound Growth Rate 4.09% 1.82% 2.70% 2.12% Source: U.S. Cea.vas Bureau, Portland Sm~ University Center for Population Research and Census, Oregon Office of Economic Analysis. Populations in group quarters do not rcpr~s~ut potential demand for individual housing units. The proportion of Woodbum's population living in group quarters increased from 1.21% in 1970 to 3.65% in 1990. Thc growing number of seniors in combined and assisted living centers are primarily responsible for this increase, Figure 2. Woodburn Population in Group Quarters (1970-1990) item 1970 1980 1990 Population ia oroup Quattm~ 91 163 489 As % of Total Population 1.21% 1.46% 3.65% Sours; U.S. Census Bureau. Househotd Size Beginning some time ~ 1980 the average household size of Woodbum residents started to increase. This trend rur~ counter to regional and natio-nl trends of decreasing average household size, Woodbum's increases may be attributable, in part, to an increasing proportion of Hispanic residents. The local Hispanic population increased from 12% to 32% of the total population between 1970 and 1990. Recent cstimates for thc larger Woodbum zip ~odc area suggest this trend has continued, Figure 3. WoodbUrn Hispanic Populafiou Trends (1970-1990) Area 1970 1980 1990 popula~m 932 2,035 4,225 As % of Total Population 12.4% 18.7.% 3 i.$% Note: 1970 number csflmatexi based on 1970 census data and 1980 census geographic and data relationships. Source: U.S. Ccn.sus Bur~u sad E.D l-Iovee & Company. 7 05/10/99 01:34 "~:~U~ 9~Z ~Z4A ~U~ ~UDLIU ~ ~U~U Figure 11. There arc several ways to d/scuss income. In t/~s section, tho rcsu/ts ofthe 1994 ~oo~m'n Population Enumeration, which provides data on 1993 f~,~ly incomes by family size, arc de. scribed. Household income trends will be addressed in the Ho~ing Needs Analysis memorandum. As of 1993, both the smallest (1-2 person) and the l~rgest (5+ p~rson) Woodbum families were most likely to be in the $12,.151 to $25,000 income category (second lowest). One to two person families wcrc also thc mom likely to in the $28,001 to $36,651. Thr~ to four person families were most likely to be in the lowest income ~roup of $12, I 51 and under and the highest income group of $36,651 and ovcr. Woodburn Family Income by Size of Family.(1993) 50.0%, 45.0%. 38.0%. 25.0~. ' 10.0%, 5.0%. 0.0%, ~ e~ ~ ~ ~s ~ ~~t ~r ~nd ~ ~c Woodbm m~kct. T~i~y l~cr f~li~ ~nd m ~ve ~om~h~ Mgh~ inmm~ ~ ~ ~ f~wer ~em~. However, in Woo~ ~ ow~ ~ i~ l~s cl~. ~e l~ge~ ~ tend to m ~d~ ~me Recent Development Trends Development trends addressed in this section cover housing, couunercial and industrial space, as well as school district facilities added in thc City of Woodburn over the 10-year period from 1988 through 1997. Houring Development Specific housinE development characteristics addressed inolude unit type and mix, net density by housing type, estimated net acres developed and net acreage by comprehensive plan designation. This trend information is baaed on data provided by thc City of Woodbum. Tho sometimes- 8 in.replete re~ords of development re'Inked malting ~s-mptions in some cases to complete thc caloulatiom rcq~ Between 1998 and 1!)98 over 1,300 new homing-nlts were p~-mitted within the City of Woodbum. The majority (392) were traditional single family units, followed by manufactured/mobile homes on lots (301), and multi=family u,;ts in builtlings with seven or mor~ uzd~s (28~. Sidle family housing was developed at an avcragc dcn.sity of 5.46 units per n~t acre, slightly mor~ dense than manufaotured/mobile units on lots (at 4.28) but less dense than manufactured/mobile units in parks (at 7.75). In terms of attaohed housing, multi-fa.,nily structures of seven or more units provide the densest housing at an average of 23.fiI units per net acr~, followed by duplexes at 15.30 units and 3-6 unit bttildings at nearly 7 units per net acre. The actual density of all 3-6 unit buildings may be different. Limited site siz~ data was provided on these buildings. Figure 12. Woodbum Housing Building Permits (1988-1997) Avg. Uaitst F.~imat~d Unit Type Units' Net Acre Not A~ S~o F~y 3~ ~.46 71.B ~~bflc H~c 301 4~ 70.3 ~u~ob~ Hom~ P~ 181 7.75 23.4 ~pl~ 76 1~.30 5.0 M~p~x (3~* 65 6.9g 9.3 Mu~y (T+ ~i~) 286 ~.61 12.1 To~ No~: 1,30I 6.79 191.8 *Very few r~c~rds for developments of this size include sito size data. Tho sample size for net density is 15 of~he 65 units. City ofWoodbum a~d E.D. Hovee & Company. The e, stirn~ted total of net acreage with permitted development (based on net densities since data was incomplete) is approximately 192 acres. Breaking-out estimated net acreage into Comprehensive Plan zones the majority of housing was permitted on single Pamily residential land 042.2 acres). Multi-fsmily residezrtial permits were issued for 46.8 acres of land. Residential construction was permitted on ~lmos~ 3 acres which current zoning was single or multi-family re, siclcnlial, but the Comprehensive Plan zoning was commercial or industrial. Figure 13. Estimoted Acreage Absorbed in Housing Developmeht by Plan Designstion gstimnted CompreheasJve Plan Designation Net Acres Single Fnmtly R~idential (RS) 142.2 Multi-Family R~id~tial (RM) 46.8 Co,,,,~ercial (C) ~ndus-tr~ 0) 0.3 All Zones I91.8 Sourca: Ci~ of Woodbum md £.D. Hovea & Company. g In effect, 99% of msidcatial development haz occurr~i within areas dcsi?~t~ for residential use in thc Comprehensive Plan. Commercial and Indm'trial Development Limitations of the data available do not allow determination of land absorption. Buildings may be added to thc same piece of ground on different years, and no indication is provided of land build-out. In addition not all permits .list site sizes. A better indicator of commercial and industrial development is the square feet of building space proposed. Figure 14. Gross Commercial and Industrial Development Permit Type (Sit) Comp Plan Desienatiou Commercial Industrial Commercial 642,000 None Industrial 2,218,800 683,900 Total ~860,$00 683,g00 Note: Faight r~.orda provided had no iafotmslion relguxlin$ building size. Source: City of Woodb'm'n and ED. Hovee & Company. Between 1988 and 1997, over 2.8 million ~quare feet of documented commercial space has be~n constructed. The majority (2.2 million) is located on industrial zoned land. Nearly 684,000 square feet of industrial space was conaU'ucted over the same 10-year period. School Building Development In 1997, the district opened two new schools Heritage Elementary and Valor Middle School. Between 1988 and 1998, over 236,000 sq-n~ feet of documented school facil~y build~g space was permitted. Thc majority was a 140,000 building developed on single family residential land. The remainder (96,000) was dcvclopcd on public land. Figure Comp Phtn Designation $1n~le Family Residential Public Total Notc: Source: Woodburn School District Facility Development Permitted Building Space (Sl~ 140,000 96,364 236,364 Four of 14 r~cords provided had no infarxnafion reganfittg building siz~ City of Woodbum and ~D. Hovce & Company. l0 Woodbum re~icI~nts of Hispanic origin typically have had significantly higher average household sizes than the city. Thc average Hispanic household siz~ in Woodbum in 1980 was 4.28 people increasing to 4.?0 people in 1990. Averaie Woodburn Hispanic Household Size (1970-1990) 1980 1990 $.45 4 28 4.T0 Note: 1970 number estimai~d based on 1970 census data and 1980 census geographic and data relationships. Source: U.S. Ccns~s Bur~au and B.D Hovee & Company. The influence of Hispanic households is also ~vident in Woodbum's School district enrollment. As of fall 1998, Hispanic students accounted for nearly 61% of enrollmant. Figure 4. 19'~0 Age of IIouseholder Householders are the persons in the household who make the decision about wher~ to live. This information is useful in de~Illlining both current and future housing needs. In 1990, Woodbum had a much higher proportion of householders 65 and over and lower proportions of householders age 25 to 64 than lhe rest of Marion CounW. However, thc proportion of householders age 65 and over decreased between 1980 and I990. In addition, the 1994 Woodburn Population £numeration conducted by the Portland State University, Center for Population Kezcarch and Census indicates that sinae 1990 growth in younger populations has resulted in higher representsfion of all groups except those 65 and over Figure 5. Woodburn Age of Householder Distribution (1980-1990) Age 1980 1990 Under 25 7 3% ~ -~-% 25-44 26.8% 28.9% 45-64 20.6% 21.3% 65+ 453% 44.6% To~l 100.0~ 100.0% $ounm: U.S. Census Bureau. Housing Unit Need Projection Thc projection of needed housln/units relics on a population growth esthna~, assumptions about the projected average household size, and thc proportion of the added future residents expected to livc in group quarte~. C-iven thc reportedly near build-out conditions of northern subdivisions where empty-nest and senior populations have purchased housing, the limited n,~mber of ass/sted care facilities in Woodburn, and an increasini proportion of younger resid~'nts since 1990 and younger householders beginning in 1980, one would not expect the population in group quarters to be significantly higher than its 1990 level of 3.65% 11 If the trend of an incrcaslng Hispanic population, with larger than average household sizes conlinucs, and reflects the 1970 to 1994 average compound increase, by 2020 the average household size in Woodbum could reach 3.06 per~ons. Thc projected number of. new units retie:ts these assumptions. Between 199g and 2020 thc Woodbum population is forecast io increase by over 9,'/00 residents. Over 350 could reside in group quarters. With an average household size of 3.06 persons the rernsining population would require over 3,050 new housing units. Figure 6. Projected Number of New Housing Units Needed lo Year 2020 FO _t?~t_ et Population C-rowih 1998-2020 ~,705 Population in Group Quarters t.~4 Proj~e~ population in Households 9,35 ~ Proj_-_~,-d Average Household Size 3.06 Itousehoids/Housiag Un~ 3,0~' Source: I~. Hovec & Company. Ass~nptions about ho~chold ~ ~vc a ~fic eff~ upon ~s pmje~on. F~ ~ ~c av~e ho~old ~ ~ Woo~ w~c ~ rc~ ~ i~ 1994 l~el (2.83 pe~o~) ~e n~ber of n~ ~ r~ wo~d ~ by n~ly 380 ~ to a W~ of 3,430. Key Economic and Housing Trends F, conomlc and housing trends provide an overview of housing demand and supply fa~tors. Rrnploymcat growth and household inoomes impact the number and types of housing demanded. While recent development lrends and currcm housing costs provide a sense of the type of hon,~in~ which is being supplied. Economic Trends Employment: Recent global economic crises have impacted employment growth in the Pacific Northwest..Aft~ thc surge of regional job growth in thc early to mid-19908, the rote of growth is dccrcasi~. However, continued economic and employment g~owth is expcctcck The Oregon Office of Economic Analysis indicates thc avera~c annual compound employment growth rate for Marion County has been higher than the statcwidc average in the 1990s, and is expected to continue to exceed the statewide rate. However, employment growth rates over the 200-2020 period am forecast to be less than half of their 1990-11000 paoe. Average Annual Compound Employment Growth Rate/(1990-2020) Marion County 2.8% 2.9% Or. on 2.6% 2~ Source: Oregon Offic~ of Economic 1990-1995 199.q-2000 2000-2020 1.2% Slowing job growth in thc Pacific Northwest, combined with increasing housing pdces, and an increasingly healthy California economy have resulted in a slowing of population in-migration. Thc results of which include a dampening effect on housing demand. HousekoldIncome: Annual household income is on the rise in the Woodbum zip code are.~ As of 1998, the proportion of households in the lower income brackets of under $15,000 and $15,000 to $24,999 p~r year ar~ half their 1990 levels. The proportion of Woodbum area households with incomes between $50,000 and $99,999 doubled during the same period. Income R,ungc Woodburn Z/p Code Household Income Distribution (1990-1998) 1990 1998 Less th~u $15,000 28.0% 15.5% $15,000 to $24,999 253% 17.6% $25,000 to S49,999 35-~% 42.3% $50,000 to $99,999 10.3% 20.2% $100,000 to $149,999 0.7% 3.5% $150,000 or Moro 0.4% 0.9% To~ai 100.0% 100.0% SoUrCc: U.S. Census Bureau and CACI Ink The averagc disposable household income in thc Woodbum ~rca (as wi~ most others) increases with a~c peaking when householders reach the 45-54 ~c ~oup. As adults begin to reach re,foment ago thd~ average disposable income declines. Figure 9. Woodburn ~p Code Average Disposable Income by Age of Householder Avg. Disposable Age Income <35 $7.5,5'70 35-44 $33//05 45-54 $37,408 55-64 $34,085 65+ $121,421 A]/A~es ~8,607 Source: CACI Inc. in terms of housi~ purchasin~ power, msny mature housoholders have assets (such as a ~rst homc) which act as a counterbalance dccreas~_~ income. Homing Trends Between 1988 and I998 over 1,300 new housing units wcrc permitted within thc City of Woodbum. Thc majority (392) were uaditional single family units, foll6wed by manufacmrcd/mobile homos on lots (301), and multi-family units in buildings with seven or more units (286). 13 Fi~ur~ 10. Unit Type Recent Housing Development Characteristics (1988-1997) Avg. Units/ F. mtiumted Units ~et Acre ]qet Acres Single Family 39:2 5,46 71.S Manufnaured/Mobile Home 301 4.28 70.~ N~nu~ob~e Home Park I81 7.75 23.4 Dupl~x 76 15.30 5.0 Multiplex (3-6)* 65 6.98 9.3 lVlullifamily (7+ units) 286 23.61 12. Total 1,301 6.'/9 Note: *Very few records for developments of this sizc include site size 4_~*. The sample size for net density is 15 of the 65 un~. Source: City of Woodbum and ]ED. Hovec & Company. Reportedly thc pace of residential unit development in Woodbumis accelerating. More housing traits were pcnni~ for development in thc first eight montl~ of 1998 than for any previous fitll year. In addition, pending subdivis{ons for singlc family homes as of October 1998 could accommodate an additional 547 units, pending multi-family development could result in an added 146 attache~ --its.~ Thc proportion of single family site-built and manufactured/mobile housing that is owner occupied is increasing. Whflc own~ occupied attached housing is falling. Figure 11. Woodburn Tenure Trends by Unit Type (1990-1994) Owner occupied Renter Occupied Housing Type 199~ 1994 1990 1994 Single-family 82.0% 86-1% 18.0% 13.9% Duplex or Apartment 9.2% t.0% 90.8% 99.0% Manufactured, Mobil~ Home, Oth~ 92.4% 94.8% 7.6% ~.2% Total 68.2% 6'7.2% 31.8% 32,8% ~ttr~: U.S. Ceas~ exl City of Woodbum. As of I994, tenters in Woodbum tended to have larger households than those occupying housing units they own. Households owning attached un~ts were thc exception. This is consistent with the fact that the l~ge..~t fan~ilics were most prevalent ~u the low to moderate income categories in 1994. Figure 12. Unit Type Woodburn Average Household Size by Unit Type & Tenure (1994) Single-family Apa,~...~at or Duplex Man~ Mobile Hcm~c, Oth~ All Uaits Source: City of Woodbum. Renter Owner Total 3.92 2.5'7 2.78 3.28 3.50 3.39 3.21 1.98 2.04 3.45 2.47 2.83 14 Housing Types and Affordability Over thc last few years single family housing in Woodbum has been consistently mom affordable than housing in surrounding cities. In 1998, thc average sales price of a home in Woodbum was $121,100 compared ~ $133,500 in Mount Angel and $161,700/u Silverton, Figure 13. City Average Sales Prices by City (1996-1998) Average Annual 1996 199'/ 1998 % Increase Ke/zer $125,273 $132~84 $140.356 5.8% McMinnviUe $141,538 S!39,836 $150~211 3,1% Mount Angel $102,917 . S 143,350 $133,500 16.2% Silver, on $113,818 $127,995 $161,746 19.4% Woodburn $102,416 $105,541 $121,092 8.9% Source: Wiltamcnc Valley Multiple Listing Service. Empty nestcxs are buying the most expemive Woodbum homes located/n new subdivisions around the Tukwila golf course. Reportedly these new homes are priced at $200,000 and up. Sales of these units benefit~ from rccent changes, in thc fcderal ~x code allowing homcowners to downsize and pocket a siL~ificant portion of capital gai~s from thc sale of thc~ primary residence tax free. However, thc market for units at th/s price does not appear to be as dccp as for less expensive units. In addition, this downsiT/ni provides opportunities for younger homebuy~rs, as existing .~its arc priced lower. In tim last six months 37 Woodbum homes list~ with Willamette Valley Multiple Listing Service sold at an average price of nearly $109,000. Small units (under 1,000 square feet) sold for as little as $70,000. Figure 14. Woodburn Housing Sales Prices (8/98-2/99) I[ousi~g unit Size R~nge # Units Average Prize Medhn Price Less Ilion 1,000 SF 5 g'/0,g00 Average Size $7O,OOO 86O 1,000 to 1,499 SF 19 $105,600 1,500 or More SF 12 S 129~00 SiZe Unknown I $117,000 All Units 37 $108,870 Sourc~: Willamette Vslloy Multiple L~q~n.v Service. $114,500 1.220 $129,000 1,750 $117,000 N/A $116,500 1,350 There is no single agency of private business racking rcnrs, l rates in Woodbum. A series of contacts made by E.D. Hovee ,~ Company st~ffdetermincd two-bvdroom apartments in flats appear to rent for between $525 and $575 dapen~ on the availability o£a washer/dryer hook- up in the unit. Two-bedroom pie,xes and term.houses are available for $640-$700 per month, aud three-bedroom townhouses tent from $725 l~r month. 15 Figaro Unit Type Woodburn Rents by Unit Type 0998/99) Rent 2 BD Apal~nem wlo W/D Hook-up S525 2 BD Apamnant with W/D Hook-up $550-S575 2 BD 4-5 Plax Unit S650-$700 Newer 3Bd Duplex $775 2 BI) Townhouse S640 3 BI) Townhouse $725 Source: Property management contac~ made by B.D. Hov~ & Company. Woodbum has 327 subsidized rental units'(including 34 currently uad~ construction), and an additional 254 families are tecei~g housing vouchers. The vouchers and subsidized units combined account for approximately 10% of Woodbum's housing units. Based on 1998 household income estimates for the Woodbum zip code area and current cost information, it is possible to determine what housing types ar~ affordable to by in~ome groups. Those households with incomes below $15,000 a year most likely rdy on some sort of government subsidy for their ho-qi~g. Home, holds earning $15,000 to $24,999 begin to have more options including r~nting existing two-bcdroom units. Those earning more than $25,000 may have access to ownership of lower-end e~,isting units or r~ntal of newer townhouses. Those households caraing $50,000 or more have a~c, ess to virt~_~a!ly all the housing types o~ in Woodburn. Figure 16. Income and Housing Financially Attainable · % of 1998 Supported by Income Income Range Households Rent Housing Value Housing Product Types Renter Owller Lass than $15,000 15.5% $15,000 to S24,999 17.6% $25,000 to $49,999 42.3% $50.000 ~o $99,000 202% $100,000 to S149,999 3.5% $150,000 or More 0.9% l',lote: SOU.rOe: <$415 <~1,700 Govt. Subsided $415-$695 $41,700-$69,500 Govt. $ubsidizexl, Rxisiing Apartments, Pl=x=s and Small Tow~liouses $695-$1 ~390 $69.500-S 139,000 Existing nad Newer Plexus, Townhou~s and .~ingle Family Homes $1,390-$2,750 $139,000-$275,000 Ali Itoming Typ~ $2,750-$4,160 $275,000-$416,000 Ali HousingTyp~ > $4,160 >$416,000 All Homing Tylms F_xisting Plexes, Townlmuses and Single Psmily Homes All Housing Types All Housing Typ~s Assumes renu at 33% of gross income are affordable. For home ownership, assume a I0% down payment and ia~r~st ra~ of 7.25%. E.D. Hovee & Company. 16 DEMAND 17 Housing Need Projection by Structure Type If future housing construction mimics recent development trends, the majority of tho added dwelling units (1,002) w/Il be attached single and multi-family housint. Single fsm!ly site built housing will account for !)20 units, manufactured/mobile hosing in subdivisions will account for ?05 units, and mobile homes in parks 425. Figure 17. Unit Type Single-Family Implied R~identiai Demand by Structure Type Percentage Permits from Distribution 1990 1988-1997 69% 30% Potent/al % Distribution Distribution of 2020 Added Units $0% 920 Manufactured/Mobile Home Manufactured/Mobile Home in Park Plcx and Apar~ent Other Total Oovernmont Subsidized Source: E.D. Hovee & Company, 10% 23 % 14% 705 N/A 14% 9% 425 20% 33% 26% 1,002 1% 0% 1% 0 100% 100% 100% 3,052 10%-15% 305-460 Depending on whether you use current assistance numbers or income as an indicator, 10%-15% or 305-460 additional government subsidized units or vouchers will need to be made availablo by the year 2020. Net Density & Acreage for Added Housing If the added units are built at the same average density as similar units comqWucted between 1988 and 1998, nearly 450 net acres of residential land will be n¢~ed. Figure 18. Estimated Residential Unit and Land Demand to 2020 by Structure Type Potential Distribution Avg. Net Unit Type (Units) Density Net Acreage Single-Family 920 5.46 168.4 Manufactured/Mobile Home 705 4.28 164.7 Manufacuired/Mobilc Homo in Park 425 7.75 54.8 Plex and Aparlmmt 1,002 16.18 61.9 Total 3,052 6.79 449.8 Source: E.D. Hovee & Company. ~ Barmack, Judith, The Woodburn School District Enrollment Projex:tions and Facilit~ Capacity, October 1998. 18 Figure 3. Estimated Residentid l,m~d Demand to 2020 by Comprehensive Plan Zoue Comp. l~n Resldentitl Z, omg. t,ow Density Hi~ Dem~ Unit Type (scres) (acm) Sinzle-Family 168.4 o Man~obilc Homc 161.4 3,3 Manufactured/Mobile Hame in Padc 9.3 45.5 Pi~c ~nd Ap~'tm~t 0 61.9 Taml 33g. I ! 10.9 The buildable lands a~dysis provided by W&H Pacific suggests there is more than sufficient residential land to acco,~modate 3,052 added units at ~hc average net deasitics of recent developm~nL In fact thcr~ is cxc.~s capacity (appwy~m~t_e_.ly 210.8 aorcs), pr{m__n?ily in low density residential Figure 4. Estimated Residential Land Availability & Demand Comprehensive Pan N.et Buildsble Residential Zoning Acres Estimated Excess Land Demand Capacity Low Density (RS) 521.1 3393 182.0 High Density (R.NO 139.5 110.7 28.8 Total 660.6 449.8 210.$ Source: ~.D. Havee & Company. Commercial and Industrial Lands Needs Thc data available does not allow de~mination of commercia! or indusUial land absorption. Buildings are added to the same piece of ground on different years, and no indication is provided of land build-out. In addition not all permits list site sizes. A better indicator of commercial and industrial development is the square feet of building space ~ The following lands needs estim~t~_~ are based on gross average annual commercizl and industrial space conslmct~ between 1988 and 1998, and site coverage ratios illustrated by recent projeots. Thc Woodbum Company Stores outlet m,dl is currently under consmiction. At build-out there coverage ratio of approximately 20%, which is used to determine commeroial land needs. Tho 916,000 square foot WarcMan/W'mco Foods distribution center is located on 88 acres of land. Build-out is expected to result in an additional 70,000 to 100,000 SF of building spacc. This is equivalent to a siie coverage ratio of approximately 25%, which is used to determine industrial land needs. Approximately 317,900 square feet of commercial construction ocourred annually flout I988 to 1997. If this rate of ~on. were to continue to 2020 approximaIely 6.7 million square feet lg of added commercial space would be built. At a site coverage ratio of 20% tl~s would mqu~re 766 acres of buildable land. Figure S. ' Estimated Commercial Land Demand Eslimated Gross Comxnercial Conslru~tion ' ' tgss-1997 Average Annual Curatorial Construction ($F) 31%900 Estimated Commercial Construction to 2020 (Sir) 6,675,900 Proj~-~d Cornmeal site ~ (~) 20% E.ntimated Commercial Lalld Dema~ (a~*eS) ?66.3 Source: E.D. Hovc¢ & Company. Approximately 76,000 square feet of industrial space construction occurred annually from 1988 to 1997. If this rate of construction were to continue to 2020 approximately 1.6 million square feet of added industrial spa~e would be built_ At a site coverage ratio of 25% this would require nearly 147 acres of buildable land. Figurc 6. Estimated Industrial Land Demand Est~ Gross Industrial Consmaction 683,900 1988-1997 (~ Average Annual h~lttswia~ Construction (SF) 76,000 Estin~at~ Industrial Construction to 2020 (SIr) 1 ,$96,000 ~ojected ~ndu.~al Site .Coverase (%) Estimated Industrial Land Demand (acres) 146:,6 tourc~: E.D. Hovee & Company. Thc buildable landa analysis provided by W&H Pacific suggests there is nei~er enough commercial nor industrial land to accommodate development at recur rates. In fact there is a capacity shortage (approximately 658.4 acres), most of which would accommodate commercial development. Figure 7. Estimated Commercial & IndUStrial Land Availability & Demand Comprehensive Plan Net Buildable Estimated Capacity Residential Zoning Acres Land Demand Shortage Note: Assumes all commercial construaion d~vclops at suburban retail density (oomparable to the Woodbum Company Stores outlet mall). E.D. Hov~ & Company. School Facilities and Lands Needs Between 1988 and 1997, over 236,00~ square feet of documented school facility building space was constructed. This is toughly equivalent to 370 square feet per added student (from 1992 to 1998). The estimated site coverage ratio was approximately 10%. 2O If one assumes students will represent the same proportion of thc Woodburn population 20 years from now. (when the children of the echo boom generation would be in school) as they did in 1995, total cnrollrnent in the Woodbum School District would be 5,900 students. This is rou§hly 1,875 more students than current regular capacity could support, thus requiring approximately 694,000 more square feet of school facility space. At a site coverage ratio of 10% this would require 159 buildable acres. This need could potentially bc accommodated within thc excess iow density residential land (since schools are a conditional use). Figure 8. Estimated School Facility Land Demand Estimated Gross Industrial Construction 236,400 1988-1997 Average ~nstruction per Added Student*'iSN) 370 ~cu~ent Proportion of Total i~oputation 1998 22% Forecast Population 2020 ~90 F~-timated ~arollment 20110 " $,900 current Regular Capacity . .4,025 Potential Enrollmen{ Above Capacity I 1,875 Estimat~ Added Buiidin~ Space Needed (SI:) 693,750 ~rojected S~hool Buildln~ Site Coverage (%) 10% E.st~tateg School Fa~ilit~ Land D~mand (acres), 159.3 4otc: Source: Thc site coverage ~atio is based ou a sample of one site. E.D. Hovec & Company, Woodburn Land Demand & Capacity Summary The Draft Base Casc analysis indicates there may bc demand for 1,522 acres ofbuildablc land within the Woodbum Urban Growth Boundary (UGB) to the year 2020. This exceeds the buildable land estimate by over 600 acres. Figure 9. Woodburn Land Demand & Capacity Summary (Acres) Estimated Buildsble Capaci~ Excess Comprehensive Plan Designation Demnnd I. and or (Sho.rtage) Low Density Residential Hish Density Residential Commercial Industrial School Facilities (Public or Residential) Total Source: E,D. Hovcc & Company. ll0.' t 9.s 2s.s ,7ooOd~&6 109.4 (~?.2) ( Goo 15 9.3 N/A N/A ~ 9tS.I ~) The land shortages occur in thc commercial and industrial categories, while excess capacity exists in the residential designations. The excess residential [and capacity is sufficient to cover estimated school facility land needs over the 20+ year period. 21 OPENING STATEMENT FOR LAND USE HEARINGS REQUIRED BY ORS CHAPTER 197 This is the time set for public hearing in Annexation g98-03, Comprehensive Plan Map Amendment g98-02, and Zone change g98-04. The nature of the application is the annexation to the City of Woodbum 8.0 acres within the Woodburn Urban Growth Boundary, a Comprehensive Plan map amendment from multi-family residential to commercial, and zone map amendment from Marion County UTF to Commercial Retail (CR). The applicant is Craig Realty Group - Woodburn LLC. The law requires the City to list all substantive criteria relevant to each hearing. The applicable substantive criteria is listed in the notice of public heating and is as follows: WOODBURN ZONING ORDINANCE Chapter 5. Permits and Enforcement Chapter 6. Planning Commission Chapter 7. Public Heating Chapter 8. General Standards Chapter 14. Conditional Use Chapter 15. Zone Change.._dh:at:tflare Chapter 16. Comprehensive Plan Map Amendment Pro e~ot~s,_ Chapter 26. Multiple Family Residential Chapter 29. Commercial Retail District 3. 4. 5. WOODBURN COMPREHENSIVE PLAN WOODBURN ACCESS MANAGEMENT ORDINANCE WOODBURN TRANSPORTATION SYSTEM PLAN STATE OF OREGON TRANSPORTATION PLANNING RULE The full text of all listed criteria is printed in the staff report which has been distributed prior to this hearing and is also available now for inspection by any interested persons. All testimony and evidence must be directed toward these criteria or other criteria in the plan or land use regulation which the person testifying believes apply to the decision. Please relate your testimony to the listed criteria. o The failure to raise an issue accompanied by statements or evidence sufficient to afford the City Council, and the parties, an opportunity to respond to the issue, precludes appeal to the Land Use Board of Appeals based on that issue. Any participant may request, before the conclusion of the initial evidentiary hearing, an opportunity to present additional evidence or testimony. The City Council shall grant the request by either: (a) continuing the public hearing to a specific date and time at least seven days from the date of the initial evidentiary hearing, or Page 2 - Land Use Statement//98-03, etc May 10, 1999 If the hearing is continued and new written evidence is submitted at the continued hearing, any person may request, prior to the conclusion of the continued hearing, that the record be left open for at least seven days to submit additional written evidence or testimony to respond to the new written evidence. If the record is left open rather than continuing the hearing, any participant may file a written request to reopen the record to respond to new evidence submitted while the record was left open and the City Council shall grant that request. The applicant is allowed at least seven days after the record is closed to all other parties, to submit final written arguments, but not new evidence, in support of the application. If additional documents or evidence are provided by any party, the City Council may allow any party to the hearing a continuance of the hearing, or leave the record open, to allow the party a reasonable opportunity to respond. Everyone addressing the City Council is requested to come forward, use the microphone, and begin by giving your full name and address. We wish to hear from everyone who is interested in the proposal. (For those of you who wish to testify, please be sure to fill out the "Hearing Testimony Sign-Up Sheet" located on the table in the hallway). We will now proceed with the staff report. Trips per 1000 s.f. ITE Land Use Example Weekday Weekday Saturday Saturday Code Daily Peak Daily Peak Hour Hour 220 Apartment 6.63 ~ · " 0.62 6.39 0.52 823 Factory Outlet 26.59 2.29 40.97 3.79 Center 820 Shopping Mall 42.92 3.74 49.97 3.11 Center 813 Free-Standing Fred Meyer 46.96 3.82 55.06 4.91 Discount Supermarket 815 Free-Standing Target, 56.63 4.24 72.03 7.66 Discount Store Walmart, etc. 850 Supermarket Safeway, 111.51 * 11.51 177.59* 12.25 Waremart, etc. 861 Discount Club Costco 41.80 3.80 53.75 6.46 862 Home Home Depot, 35.05 2.87 45.67 5.40 Improvement Eagle, etc. Superstore * Small sample, use caution (for daily trips only). Source: ITE, Trip Generation, 6th edition. Community Development 270 Montgomery Street MEMORANDUM Woodburn, Oregon 97071 (503) 982-524~ Date: To: From: Subject: May 6, 1999 Mayor & City Council thru City Administrator Planning Commission Annexation 98-03. Plan Map Amendment 98-02, Zone Change 98-04 Woodbum Company Stores At their hearing of February 11, 1999 the Planning Commission reviewed an Annexation request of approximately 8 acres in conjunction with a Comprehensive Plan Map Amendment from Multi-Family Residential to Commercial and a Zone Change from Marion County Urban Transition Farm (UTF) to Commercial Retail (CR). On February 25, 1999 the Planning Commission approved an order recommending the City Council approve the applicant's annexation. The Staff Report is numbered for easier access to specific issues. REPORTS Pg(s) 1-31 Staff Report Marion County Response (12-30-98) 19-20 Oregon Department of Transportation (ODOT) (2-4-99) 32-34 Applicant's Response to ODOT (2-11-99) 35-50 Oregon Department of Transportation (ODOT) Response to Applicant (5-5-99) 51-57 Land Conservation and Development Response (3-22-99) 56-63 Planning Commission Order (2-25-99) 64-80 81 Area Property Map PLANNING COMMISSION RECOMMENDATION: '1. The Planning Commission recommends the City Council approve the annexation of the subject 8 acres which consists of Lot 101 Assessor's Map T5 S, 2W, NW ¼ Section 12. a. The City Council may approve the annexation and instruct Staff to prepare findings, conclusions and justify that decision. b. The City Council may deny the Annexation and instruct Staff to prepare findings and conclusions to justify that decision. If the City Council approves the annexation, the Planning Commission recommends the City Council approve the Comprehensive Plan Map Amendment from Multi-Family Residential to Commercial and amend the Zone Map from Urban Transition Farm to Commercial Retail. Instruct Staff to prepare an ordinance with Findings and Conclusions to substantiate the Council's decision. CITY OF WOODBURN 270 Montgomer,/Street · Wooclburn, Oregon 97071 · (503) 982-5222 TDD (503) 982-7433 · FAX (503) 982-5244 STAFF REPORT ANNEXATION 98-03 COMPREHENSIVE PLAN MAP AMENDMENT 98-02 ZONE MAP AMENDMENT 98-04 I. APPLICANT: Craig Realty CJroup-Woodbum, LLC 1500 Quail Street, Suite 100 Newport Beach, CA 92660 II. OWNERS: Craig Realty Group-Woodbum, LLC 1500 Quail Street, Suite 100 Newport Beach, CA 92660 III. NATURE OF THE APPLICATION: The applicant has submitted an integrated application to concurrently: a. Annex 8.0 acres of territory to the City of Woodbum. b. Amend Comprehensive Plan Map from High Density Residential to Commercial Amend the Zone Map from Marion County Urban Transition Farm (UTF) to Woodbum Commercial Retail (CR). (See Attachment D) IV. RELEVANT FACTS: The purpose of the application is to change the land designation for the subject property to accommodate future expansion of the Woodbum Company Stores Outlet Mall. The applicant achieved City land use approval for Phase I of Woodbum Company Store Outlet Mall on August 12, 1998, Ordinance 2224. That action,' combined with Ordinance 2097 of November 27, 1992, established a gross site area of 31.23 acres zoned Commercial Retail (CR). After right of way vacation and dedication for streets, the applicant computes that the net site area at 28.26 acres. Ordinance 2224 granted site plan approval for a 243,000 square foot gross floor area (GFA) factory outlet center. This center is being developed as Phase I. ANNEX 98-03, WCPMA 98-02 & WZOMA 98-04.STF Craig Realty Group-Woodbum, LLC PAGE 1 The developer anticipated future expansion at the time land use applications were filed for Phase I. The site area established for Phase I has additional development potential. The Phase I factory outlet center utilizes about 24 acres of the site. Site improvements for Phase I include approximately 70 to 100 parking spaces above the minimum City requirement. Expansion plans for Phases II and Ill encompass the land already designated for commercial in addition to the needs of Phase I and an additional 8.0 acre parcel (Marion County Assessor's Map 5 2W 12B, Tax Lot 10 l) abutting on the north. In 1992 (Ordinance 2097) the City approved the same use at virtually the same location. That approval was for a 250,000 square foot gross floor area factory outlet center on a site of 26.28 acres (Tax Lot 200). The 1998 land use actions expanded the gross site area of the 1992 site by 4.57 acres, that is from 26.28 to 31.23 acres with 243,245 square feet of gross floor area. The 1999 application proposes an additional 8.0 acres. The applicant estimates the total site development at 405,600 square feet of gross floor area, which is about a 67 percent increase in floor area from the floor area approved in Phase I. A fork of Senecal Creek is located near the west property line of the subject property. Two fingers of the tributary extend easterly into the subject property. While the subject property is above the 100 year flood plain, delineation of wetlands and related mitigation measures are required prior to a building permit on the subject property. V. ANNEXATION A. Proposal The proposal is to annex 8.0 acres of territory to the City of Woodbum. The subject property is Tax Lot 101, Marion County Assessor's Map 5 2W 12B.. It abuts the existing City limits on both the east and south boundaries. The applicants have filed a petition representing all of the owners. There are no resident electors. The petition complies with the consent required under ORS Chapter 122, Annexation. Relevant Approval Criteria 1. Statewide Goals 2. Woodbum Comprehensive Plan a. Commercial Development Policies b. Annexation Policies c. Growth and Urbanization Policies Craig Realty Group-Woodburn, LLC ANNEX 98-03, WCPMA 98-02 & WZOMA 98-04.STF PAGE 2 d. Transportation Systems Plan Statewide Goals 1. Statewide Goal 1. Citizen Involvement. To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. Finding. The City of Woodbum has established a land use notification and hearings procedures to assure access by citizens. 2. Statewide 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. 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. 3. Statewide Goal 5. Natural Resources, Scenic and Historic Areas, and Open Spaces. To protect natural resources and conserve scenic and historic areas and open spaces. Finding. A tributary of Senecal Creek adjoins the subject property on the westerly boundary. Two fingers of that tributary extend easterly through the subject property. The limits of wetlands along the tributary were confirmed for Phase I. Under ORS 227.350 delineation of wetlands is required for the subject property prior to City approval of a building permit for any new structure on the subject property. The Division of State Lands (DSL) is responsible for determining the extent of mitigation necessary to permit the fill, removal or ground alteration of over 50 cubic yards or more in wetlands. No other natural resource issues are apparent for the subject property. 4. Statewide Goal 6. Air, Water and Land Resources Quali_ty. To maintain and improve the quality of the air, water and land resources of the state. ANNEX 98-03, WCPMA 98-02 & WZOMA 98-04.STF Craig Realty Group-Woodburn, LLC PAGE 3 Finding. State agencies play a key role in achieving this goal. At the time of development, Department of Environmental quality is responsible for administering permits for drainage and for air quality with respect to large parking facilities. DSL is responsible for cuts and fills in wetlands, as noted in Goal 5. 5. Statewide Goal 7. Areas Subject to Nalura/ Disasters and Hazctrds. To protect I(fe and properO,.fi'om natural disasters. Finding. There are no documented hazards associated with the subject property. A fork of Senecal Creek is located near the west property line of the subject property. This tributary is not within the 100-year flood plain according to the maps prepared by FEMA. 6. Statewide Goal 8. Recreation Needs. To sati,s~; the recreation needs of the citizens of the state and visitors, where appropriate, to provide for the siting of necessasv recreational facilities including destination resorts. Finding. The subject property has not been identified by the City as a potential park site for any type of recreational facility.. 7. Statewide Goal 9. Economic Development. To provide adequate opportunities throughout the state for a variety of economic activities vital lo the health, we/fare, and prosperiO; of Oregon's citizens. Finding. 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 location 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. 8. Statewide Goal lO. Housing. To provide for the housing needs of citizens of the state. Finding. The City of Woodburn has made an allowance for a variety of densities and housing types in the Comprehensive Plan and implementing ordinances, consistent with the Guidelines for implementing the Goal. The available inventory of residential land within the UGB 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 a 100 acres of both the Low Density and High Density designations. This analysis is based on the carrying capacity of the two ANNEX 98-03. WCPMA 98-02 & WZOMA 98-04.STF Craig Realty Group-Woodburn, LLC PAGE 4 ANNEX 98-03, residential categories in the plan in relation to the densities permitted in the underlying zoning. The capacity of the Low Density Residential designation is 6 dwelling units per gross acre. The capacity of the High Density designation is conservatively indexed at a density of 12 dwelling units per gross acre, where the corresponding zoning allows densities ranging up to 25 dwelling units per gross acre. The City has experienced its most substantial periods of growth since the construction of the Interstate Highway in the 1970's. The relatively small base population, cycles in the economy and the influx of a variety of new residents with diverse needs has made the characteristics of the housing market no more predictable than the need for commercial land. Records for housing by type shows that demand for multi-family residential units has been sustained at about 20 percent over the past 30 years. The remaining 80 percent has been single- family residential. The most significant change has been about a 100% increase in the use of manufactured homes as single-family residential units which is offset by a decline in site-built units. Commercially designated land provides an additional land resource for multi- family residential use. In addition to the 100 acre surplus in the carrying capacity of land designated High Density Residential, the proposed change in designation is also accounted for in the Commercial designation. The Woodbum Zoning Ordinance has cumulative use districts. Consequently there is multi-family residential capacity in excess of that capacity identified as High Density Residential, because multi-family use is a permitted use in every commercial zone. The commercial zoning districts are reflected on the Comprehensive Plan Map as Commercial. By designating additional land for commercial use, the proposal offsets any diminution of multi-family residential use opportunities in the inventory of vacant commercial land.. 9. Statewide 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. Finding. The subject property is well positioned for the further extension of public facilities constructed to serve Phase I development of the factory outlet center. 10. Statewide Goal 12. Transportation. To provide and encourage a safe, convenient and economic transportation system. Finding. This Goal is implemented by the Transportation Planning Rule. The City of Woodbum has implemented the Transportation Goal and the Transportation Plan Rule through the adoption of an acknowledged WCPMA 98-02 & WZOMA 98-04.STF Craig Realty Group-Woodbum, LLC PAGE 5 ANNEX 98-03, 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 Woodbum 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. a. Transportation Planning Rule:OAR 60-12-060(1)-(3). Plan and Land Use Regulation Amendments, (1) Amendments to...acknowledged comprehensive plans...which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity, and level of service of the facility. This shall be accomplished by either: (a) Limiting allowed land uses to be consistent with the planned function, capacity and level of service of the transportation facility; Finding. The Woodbum Factory Stores Phases II/m Traffic Impact Analysis (TIA) by Kittelson & Assoc., December 1998, indicates that the traffic conditions generated by the proposed Plan change will not result in reaching the threshold conditions that would warrant limiting the proposed land uses in order to be consistent with the function, capacity or level of service of transportation facilities. The Woodbum Comprehensive Plan Annexation Policy D-2 calls for a traffic impact analysis with site plan review of Phases II and m. Because actual traffic conditions resulting from Woodburn Company Store Phase I may exhibit other patterns and conditions than presented in the 1998 TIA, the City reserves its right to revisit the traffic impacts at the time of Site Plan Review and modify the improvements required as needed (Attachment B). (b) Amending the TSP to provide transportation facilities adequate to support the proposed land uses consistent with the requirements of this division; Finding. The magnitude of the recommended traffic improvements is not of sufficient scale to warrant amending the projects and improvements already described in the TSP. The recommended actions in the TIA reflect three levels of improvements corresponding to the estimated completion of Phase II, Phase m and year 2015 conditions: WCPMA 98-02 & WZOMA 98-04.STF Craig Realty Group-Woodburn, LLC PAGE 6 Phase II Development (Year 2001): Amey Road/Woodland Avenue. This intersection should be modified by placing the stop sign control on the northbound and southbound approaches. I-5 Southbound Ramps/Highway 219. To provide the required volume to capacity ratio, the eastbound to southbound exclusive lane needs at least 375 feet of clear storage plus a taper. Phase II & III Development (Year 2003): I-5 Southbound Ramps/Highway 219. To provide the required volume to capacity ratio, the eastbound to southbound exclusive lane needs at least 425 feet of clear storage plus a taper. 1-5 Northbound Ramps/Highway 214. To provide the required volume to capacity ratio, an exclusive westbound to northbound exclusive right tum lane needs to be provided. Year 2015: I-5 Northbound Ramps/Highway 214. To provide level of service, a second right mm lane is required on the northbound approach and an exclusive westbound right mm lane is required. I-5 Southbound Ramps/Highway 219. TO provide the required volume to capacity ratio, the eastbound to southbound exclusive lane needs at least 425 feet of clear storage plus a taper. Evergreen Road/Highway 214. To provide the required volume to capacity ratio, the northbound approach needs to be widened to three lanes, including an exclusive let~ turn lane, a shared left/through lane, and an exclusive right turn lane. (c) Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes. It is anticipated that the attraction of the factory outlet center as a destination will result in an extension of local transit service toward the site at some future date. However, local transit service is not estimated to have a measurable affect on reducing automobile traffic. According to the results of the TIA the traffic impacts can be mitigated without ANNEX 98-03, WCPMA 98-02 & WZOMA 98-04.STF Craig Realty Group-Woodbum, LLC PAGE 7 instituting measures that reduce the demand for automobile travel. (2) A plan or land use regulation amendment significantly affects a transportation facility if it: (a) Changes the functional classification of an existing or planned transportation facility; Finding. As indicated by the TIA, and supported by compliance with Comprehensive Plan Commercial Policy B-2, the proposal does not result in any change in the functional classification of streets. (b) Changes standards implementing a functional classification system; Finding. The proposal does not require any changes in the standards that implement the functional classification of streets. This finding is reflected in the TIA. (c) Allows types or levels of land uses which would result in levels of travel or access which are inconsistent with the functional classification ora transportation facility; or Finding. The current and the proposed Plan designations are consistent with the functional classification of streets. The functional classification system accounts for the fact that trips can be added and that improvements can be made to streets without changing the function of the street. -' (d) Would reduce the level of service of the facility below the minimum level identified in the TSP. Finding. The TIA describes street improvements ((2)(b) above) that maintain the Level of Service and WC ratios at an acceptable level based on the Comprehensive Plan designation for the subject property. (3) Determination under subsections(1) and (2) of this section shall be coordinated with affected transportation facility and service providers and other affected local governments. Finding. Both ODOT and Marion County have been provided the opportunity to review the TIA for this proposal. Coordination meetings on the proposal have provided opportunities for all parties to share comments and fmdings. b. Transportation Planning Rule: OAR 60-12-045 Implementation of the ANNEX 98-03, WCPMA 98-02 & WZOMA 98-04.STF Craig Realty Group-Woodbum, LLC PAGE 8 Transportation Systems Plan, Pursuant to OAR 660-12-055(3) the City is to amend its Comprehensive Plan and land use regulations by May 8, 199.5 to implement certain sections of the Transportation Planning Rule. Failing to do that requires the City to directly apply OAR 660-12-045(3), (4)(a)-O) and (5) to land use decisions. Finding. The referenced requirements are site and design standards. These will be administered as appropriate when the Site Plan Review on Phase II is initiated. 11. Statewide Goal 13. Energv 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. 12. Statewide Goal 14. Urbanization. To provide for an orderly and efficient transition from rural to urban land use. Finding. This Goal 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 (UGB). 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. 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. 13. Statewide Goals 3.4,15 and 16 through 19 Finding. The following goals are not applicable to this proposal: Goal 3: Agricultural Lands, Goal 4: Forest Lands: Goal 15: Willamette River Greenway, and Goals 16 through 19: the Coastal Goals. D. Woodbum Comprehensive Plan ANNEX 98-03, WCPMA 98-02 & WZOMA 98-04.STF Craig Realty Group-Woodburn, LLC PAGE 9 1. Commercial Development Policies Plan Polio_ 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, 1-5 Interchange, the downtown area and the 2147219/99E four corners intersection area. No new areas should be established Finding. The Comprehensive Plan (Page 14) identifies the special market area considerations for commercial uses in the subject 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 use can only be served at the proposed location. bo Plan Polio_ B-2 Lands 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. Finding. The subject property is located on Amey 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 feet narrower. Arney Road has direct access to Highway 214, which is classified as a "Major Arterial." The appropriate traffic control requirements along Amey Road have been identified as part of the traffic impact analysis. As a "should" statement this is policy is advisory rather than mandatory. The high level of design and connectivity with Highway 214 comply with the intent of policy. 2. Annexation Policies ao Plan Polio_ 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 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 ANNEX 98-03, WCPMA 98-02 & WZOMA 98-04.STF Craig Realty Group-Woodburn, LLC PAGE 10 should be provided to the land during the five (5) year period. Finding. 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 Woodbum. In addition there is virtually no other vacant commercial land available at the interchange at present. Therefore the subject property satisfies this policy. bo Plan Polio_ 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. Finding. 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. In this instance the impact study is triggered by the Comprehensive Plan change due to the requirements of the Transportation Planning Rule. In keeping with this policy, any site specific development proposal that significantly alters the traffic impacts, can cause refinement of the impact analysis in conjunction with the Site Plan Review. 3. Growth and Urbanization Policies 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. Finding. 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. bo 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. Finding. The City notified Marion County of the proposed annexation by ANNEX 98-03, WCPMA 98-02 & WZOMA 98-04.STF Craig Realty Group-Woodburn, LLC PAGE 11 '- [ 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 Poliq 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. Finding. The proposed annexation is consistent with the Woodbum 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. do Plan Polio_ M-I 1 Conversion of land within the boundary to urban uses be based on consideration of [the following five (5)factors J: a. Orderly, economic provision of public facilities and services; Finding. 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. b. Availability of sufficient land for the various uses to ensure choices in the marketplace; Finding. 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; Finding. The LCDC Statewide Goals are addressed under section V.C. above. d. Encouragement of in-filling development within developed areas before conversion of urbanizable areas; and Finding. As a site to expand a specific existing use there are no in-fill ANNEX 98-03, WCPMA 98-02 & WZOMA 98-04.STF Craig Realty Group-Woodbum, LLC PAGE 12 locations that are suitable for this purpose. e. Applicable provision of the Marion County and City comprehensive plans. Finding. 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. 4. Transportation System Plan a. Functional Classification of Streets. Finding. The proposed Comprehensive Plan change does not warrant any change in the functional classification of streets as depicted in Figure 29 of the Transportation System Plan(TSP). Figure 29 of the TSP does indicate 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. At that time all aspects of local circulation and access management will be dealt b. Improvement Projects. Finding. Development of a commercial use will cause the need for transportation facility improvements, much as described in the TIA. These improvements are consistent with those described in the TSP. The specific requirements will be verified at the time of Site Plan Review for Phases II and IlI based on the experience of traffic generated by Phase I. VI. COMPREHENSIVE PLAN MAP AMENDMENT Ao Bo Proposal The proposal is to change the Comprehensive Plan designation for the subject property from High Density Residential to Commercial. Relevant Approval Criteria ANNEX 98-03, WCPMA 98-02 & WZOMA 98-04.STF Craig Realty Group-Woodbum, LLC PAGE 13 Plan Amendment Criteria, Woodbum Zoning Ordinance, Section 16.050 a. Compliance with Statewide Goals b. Compliance with Woodbum Comprehensive Plan Goals and Policies c. Demonstrated Public Need for the Plan Map Amendment d. Proposal Best Satisfies the Need 2. Burden of Proof, Woodbum Zoning Ordinance, Section 16.080(b) C. Compliance with Statewide Goals (WZO Section 16.050) The findings regarding compliance with applicable statewide planning goals are found in Section V.C. above. Compliance with Woodbum Comprehensive Plan Goals and Policies (WZO Section 16.050) The findings regarding compliance with applicable Woodbum Comprehensive Plan Goals and Policies are found in Section V.D. above. E. Demonstrated Public Need for the Plan Map Amendment (WZO Section 16.050) 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. This is in keeping with Statewide Goal 9: Economic Development. Goal 9 states that the Comprehensive 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 Woodbum 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 publics' need to accommodate expansion of commercial use. The Statewide Guidelines state that: "Plans should strongly emphasize the expansion of and increased ANNEX 98-03, WCPMA 98-02 & WZOMA 98-04.STF Craig Realty Group-Woodbum, LLC PAGE 14 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 access and complementary commercial uses. The proposal is consistent with the Woodbum 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 (WZO Section 16.050) 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 Woodbum 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. ANNEX 98-03, WCPMA 98-02 & WZOMA 98-04.STF Craig Realty Group-Woodbum, LLC PAGE 15 G. Burden of Proof, (WZO Section 16.080(b) 1. The first criterion is to prove that the original Plan was in error. Finding. Conditions have changed since the Comprehensive Plan was originally dratted 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. 2. The second criterion requires showing how the community has changed since the original Plan was adopted. Finding. The 1992 and 1998 decisions to approve the site for the retail center found that the actual population growth in Woodbum 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. 3. 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. VII. ZONE MAP AMENDMENT A. Proposal B. Relevant Approval Criteria 1. Initiation of a Zone Change by Petition, Woodbum Zoning Ordinance, Section 15.030 2. Burden of Proof, Woodbum Zoning Ordinance, Section 16.080(b) ANNEX 98-03, WCPMA 98-02 & WZOMA 98-04.STF Craig Realty Group-Woodbum, LLC PAGE 16 3. Woodbum Comprehensive Plan Goals and Policies C. Initiation of a Zone Change by Petition (WZO Section 15.030) D. Burden of Proof, Woodbum Zoning Ordinance, Section 16.080(b) The Burden of Proof is addressed in VI.G. above. E. Woodbum Comprehensive Plan Goals and Policies These are addressrd in V.D. above. VIII. COMMENTS FROM OTHER DEPARTMENTS AND AGENCIES A pre-application meeting was held by the City of Woodbum on January 12, 1999. Agencies and interest individuals attending that meeting were the applicant's representative, ODOT, Marion County Public Works Department and the City of Woodbum Departments of Community Development and Public Works. The following Attachments were distributed at that time: Attachment A Marion County Department of Public Works Letter, December 30, 1998. Regarding streets. Attachment B Woodbum Department of Public Works Memo, January 11, 1999. Regarding reassessment of transportation needs at the time of Site Plan Review for Phase II. Attachment C Woodbum Department of Community Development Memo, January. Regarding Goal 10: Housing Needs and the Transportation Planning Rule. IX. STAFF RECOMMENDATIONS ANNEXATION The staff recommends that the Commission adopt the following action: The Planning Commission recommends that the City Council approve the annexation of the subject 8.0 acres, which is Tax Lot 101, Assessor's Map 5 2W 12B. COMPREHENSIVE PLAN MAP AMENDMENT The staff recommends that the Commission adopt the following action: The Planning Commission recommends that the City Council approve amending the ANNEX 98-03, WCPMA 98-02 & WZOMA 98-04.STF Craig Realty Group-Woodbum, LLC PAGE 17 olii Comprehensive Plan Map for the subject property from High Density Residential to Commercial. ZONE MAP AMENDMENT The staff recommends that the Commission adopt the following action: The Planning Commission recommends that the City Council approve amending the Zone Map for the subject property from Marion County Urban Transition Farm (UTF) to City of Woodburn Commercial Retail (CR) with the following conditions: 1. The improvements required to address traffic impacts shall be determined at the time of Site Plan Review based on a Traffic Impact Analysis that incorporates consideration of the affects of Phase I development of the factory outlet center. 2. The access improvements required along the north line of the property shall be determined at the time of Site Plan Review. 3. 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. ANNEX 98-03, WCPMA 98-02 & WZOMA 98-04.STF Craig Realty Group-Woodbum, LLC PAGE 18 Marion County OREGON DEPARTMENT O F PUBLIC WORKS JAN 0 V~OO~UFIU Dove _( ..... ,:. T ,r' :~¢-'.:'. BOARD OF COMMISSIONERS Randall Franke Maw B. Pearmine Don Wyant Jr. COUNTY ADMINISTRATOR Jeff Davis DIRECTOR Roi)eH J. Hansen, P.E., P.L.S. ADMINISTRATION & ENGINEERING (503) ,5~a-S036 FAX (503)-588-7970 COUNTY SURVEYOR'S OFFICE (sm) sass.I s5 FAX (503)-588-797O OPERATIONS (5O3) 508-53O8 FAX ¢503)-SSS-S609 EMERGENCY MANAGEMENT (.503) 588-5~08 FAX (503)-589-0943 December 30, 1998 Steve Goeckritz City of Woodburn 270 Montgomery Street Woodburn OR 97071 RE: Woodburn Company Stores, Phase II Dear Mr. Goeckritz: On December 18, 1998, Marion County Public Works received a copy of the application package for the proposed annexation of eight acres into the City for the above referenced project. We (the Land Use and Transportation Divisions) have the following preliminary conunents: Marion County shall receive a copy of the traffic study to review it for compliance with Marion County Standards. The developer shall provide a site plan for the proposed development of the eight acres which shows how access will be provided to the property. The site plan shall also address access to the property directly to the west of the proposed development. If you have any questions or comments, please call me or Laurel Atkinson at (503) 588-5036. Sincerely, David R. Chamness, PE Civil Engineer LA:cac ATTACHMENT A Administration I Engineering / Surveyor's / Operations I Eme~ency Management,. ~155 Silverton Road NE · ~Salem, Oregon c)7305-3802 e-malh mcd~pen.org · ywvw~open.org/marion 19 Letter to: Steve Goeckritz From: Dave Chamness RE: Woodburn Company Stores, Phase II December 30, 1998 Page 2 c: Mike McCarthy, Public Works Laurel Atkinson, Public Works Steve Craig, Craig Realty Group Gary Katsion, Kittleson & Associates I.R. Martin, W&H Pacific h: \typing\landuse\ph21et.wpd 20 To: From: Community Development Randy Rohman, Public Works Program Manager Subject: Woodburn Company Stores, Phase II Date: Janurary 11, 1999 I have reviewed the applicants traffic study. I have not undertaken detailed analysis of the technical section of the report but it appears that the modeling software utilized correlates to the findings of the report and supports the recommendations. This analysis is sufficient for the application and zone change. Further evaluation with a look at actual experience with Phase I after it is opened should be provided for the site plan review process for Phase II and subsequently for Phase III. The applicant should furnish additional traffic study information when a Phase II site plan request is submitted. 21 To: From: Subject: Date: Community Development n~ Roger Budke, Planning Consulta Woodburn Company Stores, Phases II & II January 12, 1998 I have reviewed the application for annexation of 8.0 acres with a concurrent Comprehensive Plan amendment from HDR to Commercial and a zone change from Marion County UTF to Woodburn CR and make the following comments. A. Statewide Planning Goal 10: Housing Issue: Justification of reduction of HDR acreage. Additional justification is required. 1992:26.28 acres, T.L. 200, HDR to CR 1998: 0.38 acres, T.L. 301(Partial) HDR to CR 1999: 8.00 acres, T.L. 101 HDR to CR TOTAL34.66 acres Replacement HDR acreage up to 1998:30.60 acres Findings: Deficit of HDR due to proposed action: 4.06 acres Justification of fulfilling need for HDR acreage. 1. Forecasted average density of 12 DU/acre for HDR It appears that there is sufficient supply of other HDR designated acres to meet the need. 2. Historic average density of 5 to 6 DU/acre for HDR It would appear that there is a deficit in the supply of HDR designated acres. Transportation Planning Rule OAR 660.12.060(1)-(3) Issue: The proposed Comprehensive Plan Map amendment changes the magnitude of the use. Under the rule impacts must be addressed now. The 22 Co Do City's policy provides for further review and potential conditions at the time of site plan review. Finding: The change in the size and the character of traffic characteristics warrants consideration of impacts and mitigation with this application to comply with the Rule. 1992 GFA: 250,000 sq. ft. 1998 GFA 243,245 1999 GFA 162,000 sq. ft. (approx. 62% increase over 1992 approval) Correction of Requested Zone Change Issue: From the request for the Comprehensive Plan amendment it is clear that the intended zone change for T.L. 101 is from Marion County UTF to Woodburn CR. However the cover of the application exhibits shows the current zoning as RM, page 3 reflects ID, and the application is blank. These errors need to be corrected. Wetlands Issue: Development on or near wetlands is a sensitive issue to the public. Finding: The application should provide additional description of the site conditions and proposed mitigating measures. wbcs 12feb,wpd 23 09/14/95 17:02 Petition for Comprehensive Plan Map Change DIRECT QUESTIONS TO: C, rai_p Real~y Group - Wo0dburn, 1500 Quail Street, Suite 100 (ADDRESS) Newport Beach REQUEST: LLC CA 224-4 100 ' O~ -~-PHONE 92660 (STATE) (ZIP CODE) To change ~ AC of (present za~z/pr~em comp. plan) To (d~i,-,~ zo~,:~,~d comp. p~) ¢o~l~l.jilcjz. m ~ ~,:~ ~-',, defined Craig Realty .Group NAME (PLEASE PRINT OR TYPE) 1500 Quail Street, Suite 100 ADDRESS & ZIP CODE Newport Beach, CA 92660 .LO~TION AND SrT~ OF ]"HE PROPE]:I'I'Y': or if not addressed, then st;ate cr~stan~ to the nearest ~ street or know landmark. Tax Lot 101 (8.00 acres) located northwest of intersect£on of State Highway 214 and 1-5 APPLICATION CHECK]Llb-q' OFFICE USE ONLY YES NO 2. 8. 4. Statement of Intent (Exb. A~ Pk3t' Plan (Exb. B) Legal Descdptto~t of ~e Property Ltst of All Property Owners within 250 r~bet of the Property Assessors Map ,-'h, REC'D ~ SEP 1 8 1998 JgC:,~bRN COMMUNITY .... ~ P'4ENT DEPT. 24 · * ' ~* 09/14/98 17:03 ~'$03 902 $244 WDBN PUBLIC ~ oo9 REQUIRED A3'rACHMENTS .STATEMENT OF INTENT should crkscuss/explain the reason this request Is made. Include brief description Of any proposed co~ or land use change, show that the request is: 1) in conformance with the Comprehensk, e Plan; 2) there is a public need for this change; 3) that need Is best met by this proposal; 4) them Is no other avaitable and appropriately zorted land in the ~ 5') petitioner's cannot make a reasonable use of the land as it is currently 7J3necL (See zone change policy oonsideral~3ns). (Mark EXHIBIT P~_OT PLAN: Show all properties within 250' from and parallel to the sub]em property and the land use of each. ~ EXHIBIT ~B", Draw to scale. LEGAL DESCRIPTION of the property in metes and bounds (as it appea~s on the deed); Mark EXHIBIT 'C'. or if property is ~ a platted subcr~sion: "" Lot: . BlaCk: ~ of (Subdivision). ~ ~")t'"t'J'l~'j""r ~ -to al',Slqo *NOTE: E a fra~on of the lot, then attach full des~ptton as if it were metes and ~)~IZ~'[~ NAMES AND ADDRESSES OF ALL_ PROPERTY OWNEF~S within 250 feet from and parallel to the subject property. snd map from title company and attach. Mark EXHIBIT 97. Obtain cert~ed list ASSES_SOR'S MAP. Attach copy of Malloa County ~ map showing subject ama and outlining 250' notification area. Mark EXHIBIT 'F"/ We, the undersigned, hereby Certify that all the ~;~ements in the plot plan, attar, and exhibits transmitted herewith are true ancl complete., and we ~re _chancle is reques~-,d: '~ DATE 25 ''- J 09/14198 17:02 ~$03 902 5244 ~DBN PUBLIC PE~q~ON FOR ZONE. ~ CHANGE DI~ QUES310N8 TO~ Cra±§ Reaity Group - Woodburn LLC 1500 Quail Street, Suite i00 (ADDRESS) Newport Beach (cmo CA (714) 224-4100 ~HONm 92660 (ZJp CODE) To (d~k~ zor~Jd~ed comp. p~n)COM~./C~ m ~ ~ ~ d~ ~m ~w~~ Or~., 0~~: Craig Realty Group 1500 Quail Street~ Suite lO0 ~E ~E PR~ OR ~ ~D~ & ~p ~ewport Beach~ CA 92660 LOCA310N AND 8[7~ QF THE PROPEF~; or E ~ ~ ~ ~e Tax Lot 101 (8,00 acres) ln~ated northwest of ~ntersect~ of State Highway 214 and I-5 APPU~ON CHEO~ O~ICE USE ONL~ 8. 4. Statement of Intent (Exb. A) LegaJ Descr~o~ of the Property Ust of A~ Property Owners within ~ Feet of the Property Assessors Map YES NO 26 · 09/14/96 17:03 '~'503 982 $244 I~)BN Pt.~LIC II~$ ~009 REQU IRED A3'TACHMENTS .STATEMENT OF INTENT should discus~expl~in the reason this request Is made. Include brief descrip~on of any proposed co~ or land use change, show that lhe request is: 1) in conformance with ~ Comprehenslve Plan; 2) there is public need for this change; 3) that need is best met by this propose/; 4) them is no other av-~31e and appropriately zorled land in the ~ 5) petitioner's cannot make a reasonable use of the tend as it is currel3tly zoned_ (See zone change pol/cy considerat~3ns}. (Mark EXHIBIT PLOT PLAN: Show all properties within 250' from and parallel to the subject property end the lend use of each. IV[Ark EXHIBIT ~B', Draw to scale. LEGAL DESCRIFT[~)N of the property in metes and bounds (as it appears on the deec0; Mark EXHIBIT 'C'. or if property ts within a pl~tted subd'Msion: *NOTE: If a f~c~/on of the lot, then attach full desc~pdon as if it were metes ez~d NAMES AND ADDRESSES_ OF .Al !_ PRO.PERTY OWNEBS_ (husband and wife) within 250 feet from and para/lei to the subject [xx)per[y. OI3taln certified list and n~__p from title (xx~pany and attsch. Mark EXHIBIT ASS_E~. SOR'S MAP~ ~t~,-_h copy of Msr~ofl County Assesso~ map showing s-ubJect ama and outlining 250' notification are~ Marl( EXHIBIT 'F'! We, the urldersigned, hereby oeili[y that a/l the stateme~iL~ in the plot plan, attachments, arid ~ transmitted herew~ are tn~e and complete; and we are the 0wne~ of record or con. tract purch, es~ ~f property for which the_ ~one rna~ chan__qe is recluested; 27 09/14/98 17:00 '~$03 98! $244 WI)BN PUBLIC IrES I1. II1. ANNEXATION INFORMATION SHEET DIRECT QUESTION~ TO' C -xt, 6 4- 4 rY (~ (~OR~) / (STATE) CIELEPHONE) CA. (ZIP CODE) P~qOPERTY OWNERS: · Crai~ Realty Group NAME (PLEASE PRINT OR TYPE) 1500 Quail Street, Suite 100 ADDRESS & ZiP CODE Newport Beach, CA 92660 LOCATION AND S~E 'OF THE PROPE~ Tax Lot 101 (8.00 acres) located northwest of intersection of State Highway 214 and I-5 APPLICATION CHECKLIST OFFICE USE ONLY ~ NO AN NEXATION PETITION SIGNED, (NOTORIZED SIGNATURES) BY PROPERTY OWNERS EXHIBITS: 1. REASON FOR ANNEXATION REQUEST (F-x~it "A') . P- PROPOSED DEVELOPMENT OF AREA (Exhlbtt "B") ~ -- 3. EXISTING CONDmONS OF AREA (Exhibit ~ 4. SCHOOL IMPACT ANALYSIS (Exh~it 'D') __ 5. PARK AND RECREA~ON FACILITIES AV~JLABILITY (Exhibit "E-') 6. LEGAL DESCRIPTION OF THE PROPERTY (F_xhlbit 'F') 7. PLOT PLAN (Exhibit 'G') 8. MST OF ALL PROPERTY OWNERS WITHIN 100 FEET OF THE PROPERTY (Exhibit 9. ASSESSOR'S MAP' (F_xh,~t 'fi) APPUCATION RECEIVED BY: DATE: 28 · 09/14/98 17:00 ~'$0~ 002 $244 WDBN PUBLIC WKS ~003 ANNEXATION PETITION - REQUII:a=n INFORMATION pt FASE PROVIDE THE FOLLOWING INFORMATION: REASON FOR ANNEXATION REQU. EST- Exhibit 'A" ~. R~on: ~q~o_ ~tt~ched narrative B. P~ of City Services - indicate on an accompanying map. PROPOSED PlEVELOPMENT OF THE AREA Exhibit A. If totalty or. partiaJly undeveloped, what are the future plans for the site (Provide a preliminary site plan): ~;~ attached narrative B. If the site is fully developed Provide a plot pla~: .EXISTING _CONDFrlONS OF 'I'HE ARF_.~ A. Land Area: ~ B. :General descri ..re%lo. n of the arem- 1. Slopes: P- Vegetati~: 3. Drainage: 4. Flood Areas: s. uavaes (gas, t o.) C. Existir~ Land Use: 1, 4. See Number of single family units: {~ Number of multiple fam~ units: ~ Commercial ~ Indusfltal C) Pubr~ Uses Open Space.. V~t~'F SCHOOL IMPACT attached narrative Exhibit 'D" See attached Where is the near~st school facility: I~Off' ~tk~,l~l~ narrative 29 17:01 '~'$03 98~ $244 · DBN PUBLIC o What ~ the expected student population ofthe area upon completion of the development: ~ _ PARK~ACILrrlE___~S Is there 8ufTicJont area to provide for park or open development:.., ~ a~tached narrative 8paoe for the ~CRIPTION O~ Exhib~ "F" ~PLOT pLAN; Show a~ properties within 250" from and pamlleJ to 1~1e subjec~ property and the land usa of each. Ext~it'G. ~~JJ~~E ALL PROPER O~.._~¢_E_~' (husband and wife) within 2_.~3' from an Parallel to the subject property. Obtain cerfffied Fret and map from tYde S~R'~ M/~. Attaoh copy of Marion County Assessor's Map showing subject area and o~trming 250' notifica[ion area, F-xh~it "1' We the undersigned, hereby cert~ that all the statements in the plot plan, attachments, and exhibits transmitted herewith are true and complete, and we are U3e owners of reCOrd or compact purchasers of property which the annexa-a-on is requested: 30 Og/14/g8 17:01 ~'~$03 082 5244 ~DBN PUBLIC ~KS ,A NNE~O&T10 N_PE'rJ~o N AND ~ 008 Re~.~err; Owr~rtc) o~ ~c~ are not ~ ~ Az~drm~: b-TATE OF OREGON ) COUNTY OF IVb~ION I SS 31 09/14/98 17:01 4~'$03 982 $244 WDBN PLrBLIC WKS ~00e Re~i~e~l: Owner~) o~ Co,-,buc.~ Purct'~) Ro~l~r~ El~c--~so ~ are n~ Lm~ ~ .a~d~ STATE OF ORE~ON COUNTY OF IVl.ad~lON ) SS 31 A T T 0 K N F- ~ $ Mtc,~£L C. ROBmtSo~ Dir¢c: Dial ($03) 294-9194 email mcro~inson~}s~oc I ,co m VIA FACSIMILE Mr. Steve Goec~itz, Director Community Development Department City of Woodbum 270 Montgomery Stre¢[ Woodburn, OR 97071 Re: Woodburn Company Stores, Phases H and III Dear Steve: This law finn represents Craig Realr), Oroup-Woodburn LLC. Please plate this letter in the official City of Woodburn file for this m~t~r anti see ffia~ it is placed before Planning Commission a~ its February 11, 1999 public hearing on this application. This lener responds to the Oregon Department of Transportation's ('ODOT') February 4, 1999 lemr. 1. ODOT has Cited an Inapplicable Provision of ~he Transportation Planning ~ple. Thc City received rltis application on September 18, 1998. The Transportation Planning Rule (-TPR') that was in effect on that date is cited on pages 13-18 of thc application. ODOT's letmr ciu~s amendments to the TPR fl~at became effective on October 1998, after the City received ms application. (S~ enclosure) The Oregon Land Use Board of Appeals ('LUBA') has held thai amendments co administrative rules enacrecl after submiml of an application are not applicable to an application for a -permit." F. as~ [ancas~r Neighborhoo4 6ssociatiorl ¥, The City of Salem, 30 Or LUBA I47, 164, 165 (1995) (enclosed). NotwithsTanding that this application is not a permit as that term is defused in ORS 227.160C2), the general rule that is applicable here is that substantive suandards are applicable only Io future applications. Tlg public purpose behind this rule is ensure that a land use applicant is aware of tim applicable standards in effect on the date an 35 OZ-I l-ig 16:00 FROE-STOEL RIVES 503-ZZO-Z480 STOEL RIVES T'031 Mr. Steve Ooeckri~ February 11, I999 Page 2 application is submirmd. The Planning Commission should find [1mt ODOT has failed to analyze this application under the correct administrative roles. 2. This Application Satisfies the TpR. ODOT asserts that approval of this application would reduce the level of service Ixlow the minimum level of service 'D' for I-5. Table ? at page 35 of the Kitrelson traffic analysis (enclosed) shows that thc level of service for affectexl intersections will be no less than level of service "D". ODOT cites OAR 660-12-060(2)(d) for its argument that this application will reduce the peri'ormance standards below the minimum acceptable level identified in the Transportation System Plan ('TSP'). HoweVer, the applicable language of OAR 660-12-060(2)(d) concerns level of service because the performsnce level standard language becan~ effective after the City received r__hi~ application. The level of sc[vice in Table 7 of the traffic analysis shows that the affecr=l intersections will operate at a level of service 'D" or better. The Planning Commission should reject this argument. Further, the year 2015 traffic analysis is neither required by the TPR nor is k relevant to an applicable standard in the TPR. Whether [.Ins application creates traffic that might reduce levels of service sixteen (16) years from now is not rclevam to the approval standards for this application. ODOT can cite to no authority requiring this application to demonstrate that levels of service will be permanently adequate. Almost any transportation system will eventually become inadequate over tirr~. Moreover, the City of Woodbum has an acknowledged TSP. The City Council's approval of Phase 1 of the Woodbum Company Stores found that the City's TSP -has mitigated the significant affect tot the application] by meeting the requirements of OAR 660- 12-060(1)(b)." I have included pages 14-18 of the City Council's decision with this letter. The Planning Commission can find that because the City's acknowledged TSP satisfies a twenty (20) year forecast for transportation needs, the City's TSP will ensure that the needed improvements are in place to serve the affected transportation facilities. Finally, ODOT's Icrc[ states that it intends m begin work on an interchange refinement study, but does not say wl~n this work will begin or when it will be completed. ODOT asks the City to defer a decision on this application until that study is completed. The City need not wait for an undefined, indeterminate work product that may never occur before taking action on this application. The City's TSP, adopted in conformanr, e with thc TPR, ensures that ~ required transportation facilities will be in place by the year 2015. My client supports ODOT's efforts to improve the highway system ~d will cominu~ to work with that agency. Nevertheless, solutions to a uampot-mtion problem will not be PDXIA.-162157.1 270~1~G~01 36 OZ-i~-gg 16:00 FROtd-$1I~.L RIV~ ~U.'I-//U-,'4~U STOEL RIVES ,~ I'U,1 1 f'.U4/ I I Mr. Steve Goeckrirz Febma.,'y 11, 1999 Page 3 found by delaying this project. Indeed, this project is responsible for a number of significant improven~nts to the 1-S/Highway 214/Highway 219 inmrchange. In sununary, the issue raised in ODOT's letter is not a basis for denying this application. Craig Realty Group can be more of an assistance to the City and the state in the resolution of traffic problems if this application is approved now instead of indefinitely delayecl. Very u'uly yours, Michael C. Robimon MCR:klb Eaclosures cc: Mr. Steve Craig (via facsimile & U.S. mail) (w/enels.) Mr. Terry Hepner (via facsimile) (w/eva;Is.) Mr. Gary Katsion (via facsimile) (w/enels.) 37 - · I PERMANENT ADMINISTRATIVE RULES ~__of Land Conservation and Development Victoria Sckillcr 635 Cakol St lq'E, Suiu~ 200, Salern~ O__R 97301 ___ ~ ~ ,:~-cc~iv~ 10/30Y9 $ _ _ RULEMAKING ACTION ADOI'T: AMEND: rILED Sc}ncmbcr .18, 1998 bye 660 660.012-0000 Purpo~ 660-012-0005 I~fmifious 660-012-0035 Evaluation aud Sekction ofT~r'~Pormd°u Sys~'m Al~.mafivcs 660-012-0040 Tc~usponafiou Finauciug Prol~ 660-012-0045 Implcmcmagon of~ Trausportafiou Sys~-m Plau 660.012-0055 Tuni.ug of Adoption and Ulxlate ofT~p,~ponation Sysi~u Yla.~; Exc'mption~ 660-012-0060 Plan and Land Usc R~Buladou Amcndmems ORS Ch. 18] and 197 ~8 195.025 and 197.040 giro 197.717 38 RULE SUMMARY The adopted a.m~.mdments r~late lo several subjects, including: pl~rnng by meu-opohum are..~ m redur-.e reliance on automobiles and t~ adopt pa~'lang plans or ordinances, and sumd~ds for review of certain po~t- acknowledgment plan ~a-nendments as they affect the u~nsportation system. The amendments also include several relale, d amendments m definitions in the rule, ~.nd ta the definition of n.u-M commumties. Amendments pnmmnlY relam to dae following rules in Division 12:0000 (Purpose); 0005 0Defimtions): 0035 Determination of Tra~sportauon ,'Nee, ds); 0040 (Transportation Fimmcing Plan); 0045 (Implemen',.alaon of the Tnmspo~tion Sysmm Pla.n); ~d 0060 (Plan Amcndm=t~). For org-a.uiz~rionM clarity, the Commtss;on ~ adopted <nend~nents w.knch reorgamze the language of thc eX~ng and proposed niles in Division 12 u~ cieam a new rule October 30, 1995 39 Th~ application has already dcmonsu:ated that applicable Sta~wide Planmng Goals are satisfied. Further, this annexation encourages m-filling within an area to be developed before conversion of larger t~rbanizable areas. Finally, the City can find that applicable provisions of the City's Comprehensive Plan are satisfied. ~%e above.) D. Ap_~licable WZO Provisions. No WZO provisions apply to an annexation request. The City can find that the applicable criteria for this annexalion application arc satisfied. III. COMPREttENSIVE PLAN MAP AM-EN-DMENT FROM "HIGH DENSITY RESIDENTIAL" TO "COM~LERClAL" ON 8.00 ACRES (TAX LOT 101). A. _Introduction. Tax Lot I01 is carrendy designated "High Density ResidentiaF on tlw Plan map and contains 8.00 acres. B Applicable Statewide Planning Goals and Woodburn Comprehensive Plan /'olicies. A Plan map amendment is subject to compliance with applicable Sta~ewide Planning Goals and policies of the Woodburn Comprehensive Plan. The applicant hereby incorporates and adopts by reference the findings concerning the applicable Goals and Plan policies contained in City Ordinance No. 2097 and the responses contained in parts II(B) and (C), above. Thxs Plan map arnendmenr will allow the site to be developed as Phase II of the factory outlet center. C. Transportation P!anning Rule. 1. OAR 660.12.060(1)-(~). OAR 660-12-060(1) applies to amendments to comprehensive plans. This section provides: ' 1. Amendments to functional plans, acknowledged comprehensive plans, and land use regulations which significantly affect a transportation facility shall assure pDX 1^-1~26ff'/ I 40 that allowed land uses are consistent with ~'~ identified function, capacity, and level of service of the facility. This shall be accomplished by either: (a) limiting allowed land uses to be consistent with the planned function, capacity and level of service of the transportation facility; (b) amending the TSP to provide transportation facilities adequate to support the proposed land uses consistent with the requirements of this division; or (c) altering land use designations, densities, or design requirement s to reduce demand for automobile travel and meet travel needs ti-trough other modes." This Plan map amendment involves Tax Lot 101, which contains 8.043 acres. Although this Plan map amendment enables the applicant to develop Phase H of a factory OUTlet center, this amendment in and of itself does not significantly affect either an ODOT or City transportation facility. As noted above, the City's 1992 decision approved a 250,000 square foot factory outlet facility, and the City's 1998 decision approved a 9-43,000 square foot modified factory outlet facility for the same location. This decision would enable the applicant to follow through with Phase II of the developmem of the center, which proposes to add an addition to the factory outlet ceruer on adjacent property. The City can find that the Plan map amendment does not significantly affect a Transportation facility. However, even if the City were to determine that this application might significantly affect a transportation facility, the City can fwd that the 1996 Transportation System Plan ("TSP") has mitigated the significant affect of the proposed Phase II of the factory outlet center development by meeting the requirements of OAR 660-12-060(lb), which provides 'amending the TSP to provide transportation facilities adequate to support the proposed land uses consistent with the requirements of this division.' Prior to the City Council's adoption of a final decision in the 1992 application, ODOT submitted a letter by John P. deTar dated October 6, 1992. ODOT requested that three (3) conditions of approval be imposed: 1. Resolve Transportation Planning Rule issues, including plan amendments and identification of means to finance road improvements. 2. Make near term improvements to the surrounding transportation system. 3. Require that the plan amendment be limited to approve only the factory outlet center as described in the 1992 application ~ require a new plan amendment "if other types of commercial land use [sic] are to be allowed." PDxIA-1426ff7.1 2'IOS~M2[~1 41 The Oregon Dcparuncnt of Land Conservation and Dcvelopmem CDLCD") submitted a similar letter to the City Council on September g, 1992 requesting that additional u-ansport~6on studies be cample~d. In response to these comments, the City Council imposed condition of approval III(B)(1) on the 1992 decision. ~C~ 1992 Decision at page 39.) This condition of approval provides as follows: "Applican~ musl assist thc City in amending its 1995 Transpormr4on Plan far the Highway 214/I-5 parr road area, prior to development, to bring it into compliance with OAR 660-12-060(1)(b) reg~ding adequar~ r. ransportation facilities to support proposed land ~ses. No developm~m of the property or amendmcm of the land use d~ignations will be perm/ned until the Transportation Plan for tl~ -affected u-ampormtion facilities" complies with OAR (560-12-060(1)(b)." Thc Cit~ Council also imposed condition of approval 1Tlr'B)(2) ~ 1992 Decision at page 39) requiring the applicant to participate by paying its "fair share" of certain transportation improvements in the near u~rm. Finally, the City Council imposed condition of approval III('B)(3) r~quiring that the Comprehensive Plan map amendment "should be limited ~o consist only of the factory outlet center as described by Applicant." In respome to condition of approval III(B)(1), fl~ Cits' imtiated an amendmem of its TSP culminating wiuh the adoption of an amended TSP on ~lune 6, 1996. As required by both Storewide Planning Goal 2 and OAR 660-12-060(3), the City coordinau:d thc TSP wiuh affected smu: agencies, incl~lding DLCD a.nd ODOT. One "whereas clause" adopted by the City Council in the TSP found: "whereas, uhe City Cour~il opened a public hearing on October 9, 1995 and carefully considered the writmn and oral testimony of ODOT, Marion County, privar~ developers, in. rested citizen/, and city s~aff." Another whereas clause states "in response ~o the DLCD review, the Civ/declares that it is uhe policy of the City of Woodbum to comprehensively evaluate and amend the TSP, as needed, pursuant to OAR 660-12-030(3)(a) to ensure ~hat the results of the City's periodic review of the comprehensive plan and land use regulations and interchange refinemem planning are incorporated in th~ TSP." Finally, another whereas clause s~a~es: "the City council finds that the transportation system plan adopted herein complies with OAR 660-12- 060(l}(b) for the affcct¢cl transportation facilities, incI~ding but not limit, ed to r. he Highway 214/I-$ in~rchangetParr Road area." 42 Inco~orated into thc st~ff report containing thc findings and conclusions for thc adoption of the TSP are several findings relevant to condition of approval III(B)(1). The City Council adopted findings regarding OAR 660-12-025(1). This section provides "except as provided in Section {3) in this rule, adoption of a TSP shall constim~ the land use decision regarding the need for transportation facilities, services and major improvements and their function, mode and general location." Significantly, this section means that once adopted, the TSP is thc City's final land use decision on the need for transportation improvements and how those transportation improvements satisfy identified transportation needs. An unappealed TSP may not be attacked later. Thus, the City's findings in the TSP are conclusive and support this application. Further, the City found that the TSP satisfied OAR 660-12-030. The City found: 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 twenty year forecast in population and employment within the acknowledged comprehensive plan. The TSP includes measures encouraging reduced reliance on the automobile. ' The City also adopted findings regarding OAR 660-12-060(1). The City adopted a finding regaxding this section that expressly, applies to tkis developmenL The City found "that the Transportation System Plan adopted here complies with OAR 660-12-060(1)Co) for the affected transportation facilities, including but not limited to the Highway 214/1-$ interchange/Parr Road area." Thus, thc City can find that, as requested by both ODOT and DLCD, the City adopted a TSP satisfying OAR 660-12-060(1)(b). While the amended TSP expressly found that the TSP satisfied the transportation needs at the interchanges affected by the application for Phase I of the development of the factory outlet center, the amended TSP also found Lhat the TSP was based on a twenty-year forecast in population anti employment within the aclmowledged compreher~ive plan. Phase II of the factory outlet center fits within the Ciw's twenty-year forecast. Moreover, given that this application involves the addition to an already-approved factory outlet center (Phase I), the vehicle trips are not expecmd to be significantly higher. These facts, combined with the unappealed and unchallenged 1996 TSP adoption, means that the City has not only complied with condition of approval III(B)(1) from the 1992 decision, but that the TSP also satisfies OAR 660-12-060(1)Co) as it applies to this application. OAR 660-12-060(3) also requires coordination with affected transportation providers. Arnie Road is a City and County transportation facilit~ and I-5 and State Highways 214 and 219 are ODOT facilities. The City will notify ODOT of this application. The City need only consider ::nd accommodate as much as possible ODOT's concerns. It is not required by state law to concede to or agree with ODOT's concerns. In addition, the City will also coordinate with Marion County. 1:DX1^-142~3'~ ! 2°~08O'(X~l 43 2. OAR 660.12.045. OAR 660.12.045(3) requires local governments to amend their Comprehensive Plans and land use regulations by May 8, 1995 m implement certain sections of the Transportation Planning Rule. The failure to do so requires the City to directly apply OAR 660.12.045(3), (4)(a)-Cf) and (5)(d) to the land use decision. a. OAR 660.12.045¢3). This section requires provisions fi,at encourage bicycle use. Subsection (a) requires bicycle parking facilities as parr of a new commercial development. The applicant intends to include an adequate number of bicycle spaces in its sire plan (not yet submitted) consistent with the requirements of the WZO. Subsection (b) provides for facilities which accommodate safe and convenient pedestrian and bicycle access from within new commercial axcas to adjacent residential areas and transit stops and neighborhood activity centers within one-half mile of the development, Thc applicant intends to satisfy this requirement in its site plan (not yet submitted). Toward this end, the applicam notes that thc conditions of approval for Phase I of the factor~ outlet center require for sidewalk and bike path access along Arney Road to thc Phase I site. Furthermore, the City can fred that there is no adjacent residential area near the Phase II commercial sire, The City has in the past defined -adjaccm" can mean "auached to." The only residential area near the Phase II site is more than a quarter mile away. Further. no transit stop is adjaccm to this Phase I1 site. Finally, no neighborhood activity center is within one-half mile of thc development. Subsection (c) requires that road improvements include facilities accommodating convenient pedestrian and bicycle travel. Neither Arney Road nor Sprague Way is an arterial or major collector. However, both streets will have sidewalks and accommodate bicycle travel. Subsection (c) requires internal pedestrian circulation within new commercial developments. The site plan will meet this rcquiremem by providing for the construction of access ways and walkways and a series of sidewalks connecting throughout the site. b. OAR 660. ] 2.045(4~(a~-¢~. Subsection (a) is inapplicable to this application. Subsection Co) requires that new retail buildings added near major transit stops provide for convenient pedestrian access to transit. No transit stop is adjacent to this site. 44 16:04 PEO~$TOEL EIV£$ ~u~-~[u-[4ou I-u~l r.l~/l~ r-o~ Subsection (c) is inapplicable to this application. Subsection (d) requires the designated employee parking areas include preferential parking for car pools ancl van pools. The applicant intends to meet this requirement in its site plan (not yet submitted) by providing for such preferential parking. Subsection (e) is inapplicable to this application. Subsection 0) requires that road systems be provided that can serve transit. Arney road is designated as a service collector and is width and lane cross sections are adequate to serve transit. OAR This section requires that retail development provide either a transit stop on site or a connection to a transit stop along a transit-way when the transit operator requires such an improvement. The City of Woodburn is the transit operator, and it has not required such an improvement for Phase I of the development. d. OAR 660.12.060{3 }. This section requires that the City coordinate this application with affected transportation providers including ODOT and Marion County. The City will provide notice of the application m ODOT and Marion County, will give those entities an opporrunity to comment, and it will consider their comments. The City need only consider, and accommodate as much as possible ODOT's concerns. It is not required by state law to concede to or agree with ODOT's concerns. W99db_u_rn Zoning Ordinance gection 16.050. The Woodburn Zoning Ordinance ("WZO") contains criteria for a comprehensive plan amendment. WZO section 16.050 provides as follows: "Before a Plan Amendment can be made, the Common Council must find that the proposal meets the following criteria: "(a) The proposal complies with all applicable Storewide Goals and Guidelines. 'Co) The proposal complies with the remaining Goals and Policies of the Comprehensive Plan. -(c) There is a clearly demonstrated public need for the proposed amendment. PDX I A-I a2605' 1 45 OZ-II-~g 16:04 ~L~-$1OEL RIVES ATTAOHMF-NT~ Page ~ of ~ compatibility, utilities or traffic generation that have not already been considered and mitigated by the City in Ordinance No. 209?. C. ~.a_ nsportation pla~anin_e Rule. 1. OAR OAR 660-12-060(1) applies to amendments to comprehensive plans. This provides: "1. Amendments to functional plans, acknowledged comprehensive plans, and land use regulations which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity, and level of service of the facility. This shall be accomplished by either: (a) limiting allowed land uses tn be consistent with the planned function, capacity arut level of sea'vice of the transportation facility; Co) amending the TSP ua provide transportation facilities adequate tn support the proposed land uses consistent with the requirements of this division; or (c) altering land use de. aignations, densities, or design requirement s to reduce demand for automobile travel and meet travel needs through other modes." This Plan map amendment involves .38 acres of Tax Lot 300. Although this Plan map amendment enables the applicant w develop a modif~l factoc~ outer center, this amendment in and of itself does not significantly affect either an ODOT or City transportation facility. As noted above, the City's 1992 decision approved a 250,000 square foot facwry outer center. This decision approves a 243,000 square foot factory outlet center. The Oity Council that this Plan map amendment docs not significantly affect a transportation facility. HoweVer, even if the City Council were to detexmin~ that this application might signifirantly affect a transportation facility, the City Council finds that the 1996 Transportation System Plan (-T~P')has mitigated the significant affect by meeAing the requLrements of OAR 660-12-060(lb) which provides: 'amending th~ TSP to provide transportation adCq~t~ to support the propor~xl land uses consistent with the requirements of this division.' Prior to the City Council's adoption of a final decision in the 1992 application, ODOT submitted a lelt~ by lohn P. deTar dated October 6, 1992. ODOT request~l that thre~ conditions of appwval be imposed: 1. P.e~ve Tran~aortafion Planning Rule i~sues, including plan amendments and identification of means to financ~ ro~l improvement. 46 16:05 PROM-$TOEL RIVES I-U~I ATTACH.MENT Page 2. Make near [erm improvements to the surrounding transportation system. 3. Require that the plan amendment be limited to approve only the factory outlet center as described in the 1992 application and require a new plan amendment 'if other types of commercial land use [sic] axe to be allowed.' The Oregon Department of Land Conservation and Development ('DLCD') submitted a similar letter to the City Council on September 9, 1992 requesting that additional u-ansportation studies be completed. In response to these comments, thc City Council imposed condition of approval III(B){1) on the 1992 decision. ~ 1992 Decision at page 39.) This condition of approval provides as follows: "Applicant must a~sist the City in amending its 1985 TransporTation Plan for the Highway 214/I-5 parr road area, prior to development, to bring it into compliance with OA.R 660-12-060(1)0a) regarding adequate transportation facilities to support proposed land uses. No development of the property or amendment of the l, nd use deaignations will be permitted until the Transpor~on Plan for the 'affected transportation facilities' complies with OAR 660-12-060(1)(b).' The City Council also imposed condition of approval III('B)(2) {gee 1992 Decision at page 39) requiting the applicant to participate by paying its 'fair share" of certain transportation improvements in the near term. Finally, the City Council imposed condition of approval ILI(B)O) requiring that the Comprehensive Plan map amendment 'should be limited to consist only of the factory outlet center as described by Applicant.' In ~-esponse to condition of approval IIIfB)(1), the City initiated an amendment of its TSP culminating with the adoption of an amended TSP on lune 6, 1996. As required by both Statewide Planning Goal 2 and OAR 660-12-060(3), the City coordinated the TSP with affected state agencies, including DI.,CD and ODOT. One 'wherea~ clause' adopted by the City Council in the T£P found: 'whereas, the City Council opened a public hearing on October 9, 1095 and carefully considered the written and oral testimony of ODOT, Marion County, private developers, interested citizens, and city staff.' Another wherea~ clause states 'in response to the DLCD review, the City declares that it is the policy of the City of Woodbum to comprehensively evaluate and amend the TSP, as needed, pursuant to OAR 660-124~300)(a) to ensure that the results of the City's periodic review of the comprehensive plan and land u~e regulations and interchange refinement planning axe incorporated in the TSP.' Finally, another wherea~ clause states: 'the City Council finds that the tran~r~don system plan aitopted herein complies with OAR 660-12- 47 OZ-II-gg 16:05 F~0t~-$TOEL ~lv~ 060(l)(b) far the affected transportation facilities, including but not limiu~l to the Highway 21411-5 inu:rchange/Parr Road area.' Incorporated into the staff report containing the findings and conclusions for the adoption of the TSP are several findings relevant to condition of approval III(B)(1). The city Council adopted fmdLngs regarding OAR 660-12-025 (1} . This __~'cfi_ 'on provides 'except as provided in Section (3) in this rule, adoption of a TSP shall constitute the land use decision re~rding th~ ne~l for uansportation facilities, services and major improvements and their function, m~de and general location.' Significantly, this section means that once adopu~d, the TSP is the City's final land use decision on the need for uan~fion improvements and how those transportation improvements satisfy identified transportation needs. An unappealed TSP may not be attacked lam'. Thus, the City's findings in the TSP axe conclusive and support this application. Further, the City found that the TSP satisfied OAR 660-12430. The City found: 'd'~ TSP identifies the City's transportation n__~d_s including those of the transportation disv. flvanmged, and support of industrial and commercial development. Them needs were based on a twenty year forecast in population and employment within the aclmowiedged comprehensive plan. The TSP includes measures encouraging reduced ~elianec on the automobile.' The City also adopu:d findings regarding OAR 660-12460(1). The City adopted a finding ~garding this section that expressly applies to this development. The City found 'that the Transportation System Plan adopted here complies with OAR 660-12-060(1)(b) for the affected ~zansportation facilities, including but not limited to the Highway 214/I-5 interchange/Pan: P,x:md az'ea.' Thus, the City Council finds that, as requested by both ODOT and DLCD, the City adopted a T~P satisfying O^g 660-12-060(1)(b). The amended TSP expressly found that the T~P satisfied the transportation needs at the interchanges affecmd by this application. Even though this appUeation represents an amendment w the 1992 approved factory outlex, the City Council finds that the changed building configuration wiU not cause additional impa~ts m the transpomfion network because this application actually ~equests a reduclio.n, of ~uare footage, thus zeducing vehicle trips. However slight the reduction may be, this application nevertheless results in a ~educfion of vehicle trips generated by this site. This fact, combim:d with the unappealed and unchallenged 1996 TSP adoption, means that the City has not only complied with condition of appwval III(B)(1) from the 1992 decision, but that the TS1:' also satisfies OAR 660-12-060(1)tb) as it applies to this appUcation. OAR 660-12-060(3) als~ requires coordination with affected transportation providers. ^rney Road is a City and County transportation facility and I-5 and $tau~ Highways 214 and 219 a~e ODOT facilities. The City ~ notifu:xl ODOT of this appUcation and s~veraI meetings have bec~ held with that agency, and the City has tried m accommodate as much as possible ODOT's concerns. mxz^-w~.~ ~ 48 0Z-1,1-99 15:U6 PKUit~'511JI:L K1¥C3 ~u~-~u-~4eu i-u~l r.~o/il ~-ol~ ATTAChMeNT ~ PageJL~L--of-_ Thc City alsocoordinatexiwithMarionCountY. The County said it didnotobjeetto thc application. 2. OAR 660-12-045. OAR 660.12.055(3) requires local Sovcrnments to amend their Comprehensive Plans and land use r¢§ulations by May ii, 199:5 to implement cectain sections of the TranSpOrtation Plannin$ Rul~. Thc failure m do so requires thc City to directly apply OAR 660.12.045(3), (4)(a)-(f) and (5)(d) to thc land use decision. a. OAR 660-1~-045¢3~. This ~ction requir~ provisions that encourage bicycle usc. Subsection (a) requires bicycle packing facilities as part of a new commercial development. This application p~ovide.s 63 bicycle spaces consistent with the requirements of thc WZO. Subsection (b) provides for faeiliti~ which accommodate safe and conveni~tt txxl~uian and bicycle access from wi~n new commercial ar~s to ad.~acent re~idea~! areas and uansi! stops and neighbo~ood activity centers within one-half ~ of the developmer~t. This application satisfies this requLremeat. The conditions of approval requke sidewalk and bik~ path acc~s along Arncy Road to this site. Thc City Council fads there i~ no adjacent residential area near this commercial site. The City Council defines 'adjacent' as meaning next to. The only residential area near this site is mor~ than a quarter r~!!a away. Further, no transit stop is adjacent to thLs site. Finally, no neighborhood activity centex is vathin one-half ~ of thc development. Subsection (c) requires that road improvements include facilities accommodating convenient pedestrian and b~cycle travel. Neither Amey Road nor Sprague Lane is an ~ or major collector. Both struts will have sidewalks and accommodate bicycle uavel. Subsection (e) requizes internal Ix:destfian circulation within new comrne~..ial developments. Thc site plan meets this requirement by providing for compact buildings, construction of access ways and walkways and a series of sidewalks connecting throughout ll~ site. b. OAR 660-12-C)45(4'~(al-Cfl. Sub__cection (a) is inapplicable to this appli~tion. Subsection Oa) requires that new retail buildings added near ma,~or transit stops provide for convenient pedestrian access to transit. The evidence in the record demonstrates that no transit stop is adjacent to this site. Subsection (c) is inapplicable to this application. 49 02-11-99 16:07 FROt~$TOEL RIVES 503-zzo-z48o T-031 P.l~/ll P-SCi AI'rAC. H_M ENT _--.-~ Page ~ of 5 ~_ Subsection (d) requires ~at designauxl employee parking a.mas include preferential parking for car pools and van pools. The City Council will require that th~ applicant amend its site plan m provide for such preferengal parking. Subsection (e) is inapplicable to this application. Subsection (f) requires that road systems be provided that can serve wansit. Arney Road is designated as a service collector and its width and lane cross sec~ons are adequate m serve transit. C. OAR 660-I2-045(5)(dL This section requires that retail development provide either a transit stop on site or a connection to a transit stop along a transit trunk route when the transit operator requires such an improvement. The City of Woodbum is the transit operator and has not required such an improvement. d. OAR 660-I2-060¢3L This seation requh-~s the City to ¢oordina~ this application with aff~t~l transparmtion providers including ODOT and Marion County. The City has provided nolice of the applications to ODOT and Marion County, has given those agencies an opporturlity to commit and has considered their comments. Marion County commented that it had no objection to this application. ODOT responded with several letters which the City Council considered. For the reasons contained in these findings, the City Count. il adopts ODOT's recommendations with certain modifications. D. _Woodburn Zol~i_ng Ordinance Section 16,050. 'IZe Woodbum Zoning Ordinance ('WZO') contains critecia for a comprehensive plan amendment. WZO section 16.050 provides as follows: 'Before a Plan Amendment can be made, the Common Council must find that the proposal meets the following criteria: "(a) Thc proposal complies with all applicable Statewid¢ Goals and Guidelhaea. "Fo) The proposal complies with the remaining Goals and Policies of the Comprehensive Plan. "(c). There is a clearly demonstrated public need for the proposed amendment. "(d) The proposal best satirties the public need.* 50 -O- egon Joh~ A. K~tzhabc~, M.D., Go err~ Department of Transportation May 5, 1999 Mayor Richard .lennings and Council Members City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Region 2 455 Airport Rd. SE, Bldg B Salem OR 97301-5395 (503) 986-2600 FAX (503) 986-2630 FILE CODE: SUB3ECT: Comments on Woodburn Factory Stores Phases 2 and 3 (Files: Annex #98-03, PA 98-02 and ZC 98-04) Thank you for notifying the Oregon Department of Transportation (ODO'I') 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 includes an annexation, comprehensive plan amendment, and zone change necessary for the development of Phases II and III of the Woodburn Company Stores. The project site is approximately 8 acres and is immediately north of the approved/under construction facility and west of Arney Road. Approval of the identified land use actions will allow the expansion of the approved facility from approximately 240,000 square feet to 406,000 square feet. By letter dated February 4, 1999, ODOT has previously.submitted comments to the city on this proposal. That letter is attached for your information. The comments in this letter are intended to augment or update those of February 4. The following comments are provided for your consideration. 1. I-S/Highway 214/2:L9 Interchange The applicant has completed a transportation impact study (TIS) for the project. The TIS includes an analysis of project impacts in 2015 to be consistent with the city's Transportation System Plan (TSP). That analysis concludes that the project's traffic impacts will not significantly affect the transportation facilities in the area. This analysis 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: Form 734-1867^ (2-9~) 51 ~fayor Ricl~rd Je~nif~j~ and Cound/ City of Woodbum /da), ~, lgg9 Page 2 of 7 2. Develop a strategy for providing improved access to I-5 from the Woodbum area, through either/mprovement~ to the existing Highway 214 interchange and/or a new interchange in the Woodburn v/c/n/b/(w/th support/n9 local roadway/mprovement~). This strategy will be developed fo/lowing a refinement study out#ned in the Transportab'on Planning Rule. By including the interchange improvement, the'l-iS understates both the impacts of the project and overall system operations in the area of the interchange. OAR 660-012-0060 requires that the db/assure that amendments to comprehensive plans that significantly affect a transportation facility be consistent with the identified function, capacity and level of service of the facility. In making this determination the city needs to consider the Impacts to transportation facilities at the t~me the plan amendment, is adopted plus the impacts of the plan amendment over the planning pedod of the TSP. The planning period of the city's TSP is 20:[5. This is critical because even though a plan amendment may not significantly affect a facility at the time it is adopted, it may have a significant impact in the future. For examp!e, the db/has planned for facilities in this area to function, at least, at LOS D over the next :t5 years. This means that the city has considered the existing land uses and provided transportation fadlities sufficient to serve these uses at LOS D or better for the next :tS years. If a plan amendment, such as this, is approved that allows more intense uses, i.e., a use that generates more traffic, this capacity will be gobbled up. As a result, the transportation facility will no longer be able to serve the remaining uses and function at an acceptable LOS for the entire :tS year period. The applicant has submitted a TIS that concludes there will be adequate transportation facilities to serve this use in 2015. As Indicated above, this is based on an incorrect assumpUon that there is a project planned to improve the HWY 214 Interchange. Since this interchange improvement is not in the city's Transportation System Plan CTSP), the -r[$ is flawed and, as a result, there is not substantial evidence to support a finding that the plan amendment will not have a significant affect on the existing transportation facilities. ODOT has initiated preparation of the interchange refinement plan for the Woodburn interchange. We expect to have preliminary results to share with the city in the falE The plan should be finished by the end of the year. ODOT believes consideration of these land use actions should be deferred until the refinement plan is completed. At that time we can more accurately determine the impacts of the project and the appropriate level of mitiga, fion. As an alternative to this recommendation, ODOT suggests the city defer action and 52 t4oyor R/c~ Senn/rigs and Counctt b~n~ Moy ~, 1999 Pa£o 3 o£ 7 We stated in our February ~, letter that the project might result in a significant impact on the transportation system as that term is used in OAR 660-012-0060. We are unable to tell whether this is the case since the 'F/S does not adequately analyze the impacts of the plan amendment. The TIS analysis is based on trip generation rates for a factory ouUet mall. However, the CR zoning district proposed in the zone change application allows a wide array of commercial uses, many of which generate more trips than a factory ouUet mall. The TIS has, therefore, potentially understated the transportation impacts of the proposed land use actions given that there is no guarantee, at this point, that a factory ouUet mall will be developed on the site. To ensure that the 'FIS accurately reflects the potential impacts of the proposed zone change, it should be revised to reflect the transportation impacts of the highest traffic generating land use permitted in the CR. zoning district, i.e., worst case analysis. As an alternative, the zone change should be conditioned to restrict the use on the subject site to a factory ouUet mall. This would be consistent with your Council's action in adopting the zoning on the site where Phase I of this project is currently under construction. 3. OAR 660-012-0045 OAP, 660-012-00~,5 requires cities that do not have Implementing regulations in place by the required time to apply the relevant sections of the Transportation Planning Rule directly to land use decisions. The city staff has noted this requirement in their staff report, but found that these requirements will be applied during the Site Plan Review process. The Land Use Board of Appeals has held that these requirements apply at the time a city decides whether to grant a zone change. Citfzen5 for Florence v. City of FlorenCe, LUBA No. 98-029 (Oct. 29, 1998) (vacated on appeal). As a result, we believe the applicant needs to address the relevant sections of the Transportation Planning Rule, including OAP, z In our prior letter, we cited the language of the recenUy amended version of OAR 660-12-060. The language was changed' from ``level of service" to "performance standards (e.g. level of service, volume to capacity ratio, etc.)." Contrary to the statement by applicant's attorney, we did apply the correct administraUve rule to this action. This is merely a minor change in terminology and does not negate the positions we have presented. 53 Mayor Richard .lenning$ ~r~l Cound! Membe,~ CIO; of Woodbum Page ,¢ of 7 660-012-0045, at this time. In the alternative, the city could apply a condition to its decision requiring the applicant to go through the Site Plan Review process and meet any applicable criteria at that time. 4. Proposed Mitigation The TIS identifies the need for several improvements to the state and city street system to mitigate anticipated impacts of the project. The measures are proposed according to phases of the project. The mitigation measures identified on the state system are as follows; ,Pi'laEe 2 · I-5 Southbound Ramps @ Highway 219 - provide an exclusive right-turn lane for eastbound to southbound traffic on Highway 219 with at least 375 feet of clear storage plus appropriate taper. Phase $ · [-5 Southbound Ramps @ Highway 219 - provide an exclusive right-turn lane for eastbound to southbound traffic on Highway 2:[9 with at least 425 feet of clear storage plus appropriate taper. · ]:-5 Northbound Ramps @ Highway 214- provide an exclusive right-turn lane for westbound to northbound traffic on Highway 214 with at least 425 feet of · clear storage plus appropriate taper. These measures must be designed and constructed, at the applicant's expense, to ODOT standards prior to the issuance of a certificate of use and occupancy for the appropriate phase. If any additional right-of-way is necessary to construct these improvements, the applicant will be financially responsible for the acquisition. ODOT will assist with any right-of-way acquisition process to assure compliance with applicable state and federal rules. ODOT will not share in any costs associated with design, right-of-way acquisition, and construction of these improvements, which are clearly identified in the TIS as necessary to mitigate the impacts of the private development proposal. Recommendations In summary, ODOT's recommendations for the proposed annexation (Annex #98-3), comprehensive plan amendment (PA 98-02) and zone change (ZC 98- 0~,) are as follows; I-E/Highway 214/2~9 Interchange 54 Nayor RirJ~rd.lenning$ and Council Members CIO' of W~bum ~ay ~ 1999 Pa~e 5 of 7 ~e Ci~ of Woodbufn should defer action on ~e land use a~ion5 idenbSed above until ODOT has ~mpleted the refinement plan for the Woodburn I-5 interchange~ -OR- The City of Woodburn should continue action on the/and use actions identified above and order the applicant to revise the TIS to eliminate I-5 interchange improvements from the 2015 analysis. Level of Service Analysis The City of Woodburn should continue action on the land use ach'ohs identified above and order the applicant to revise the TIC to include an evaluation of the impacts of the 'worst case' land use permitted by the £R zoning district. -OR- The zone change should be conditioned to restrict the use on the subject site to a factory outlet mall. This would be consistent with your £ounci/'s action in adopting the zoning on the site where Phase I of this project is currently under construction. OAR 660-012-004~ The City of Woodburn should continue the action on the land use actions identified above and order the applicant to address the applicable criteria of the Transportation Planning Rule, including OAR 660-012-0045. -OR- The land use actions should be conditioned on the applicant going through the Site P/an Review process and meeting the requirements of the Transportation Planning rule, including OAR 660-012-0045, at that time. Proposed/4itigation Attached the following condition: 55 t4ayor R/chard.X~nn/ng$ and Council City of 14/oodbum /day ~ 199E Page 6 of 7 The following improvement~ shall be designed and constructed, at the applicant's expense, to ODOTstandards pr/or to the issuance ora certificate of use and occupancy (or the city's equivalent): Phase 2 · I-E Southbound Ramps @ Highway 21£ - provide an exclusive right-turn lane for eastbound to southbound traffic on Highway 219 w/th at least 375 feet of c/ear storage p/us appropriate taper. Phase $ · I-5 Southbound Ramps @ Highway 219 - provide an exclusive right-turn lane for eastbound to southbound traffic on Highway 2I g with at least 425 feet of c/ear storage plus appropriate taper. · I-5 Northbound Ramps @ Highway 214 - provide an exclusive right-turn lane for westbound to northbound traffic on Highway 214 with at/east 425 feet of c/ear storage plus appropriate taper. We look forward to working with the city in the completion of the refinement study and review of these proposed land use actions, 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. Sincerely, W. Gary/"'~~~ Region 2 Ivlana~J~r ' WGJ :dif Attachment CC: June Carlson, ODOT Region 2 Dan Fficke, ODOT Region 2 Tony Martin, ODOT Region 2 Don .lordan, ODOT District 3 Terry Cole, ODOT Region 2 56 Mayor Richard J¢~nnlng$ and Courg=l Meml~rs O'ty of Woodbum May £ I9~ Page 7 of 2 Mark Radabaugh, DLCD tucinda Moyano, DO.l/General Counsel Division Steve Goeckritz, Woodbum Community Development Randy Rohman, Woodburn Public Works GEN17659 57 March 22, 1999 Steve Goeckritz Conm'u. tnity Development Director City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 Department of Land Conservation and Development 1999 635 Capitol St. Nil, Suite 200 .<,alem, C)regon 97301-2540 l~hone (503) 373-0(}5() l)irector's Fax (503) 378-5518 Main Fax (5(13) 378-603~ I(ural/('oa~tal Fax (503) 378-551S ;M/Urban Fax (503) 378-26~7 ,,Xddrc~ htlp//www, tcd Matc.or.u~ Subject: Company Stores Outlet- Phases II & III / Comprehensive plan map amendment for 8.0 acres from high density residential to commercial/zoning map amendment from Marion County urban transition farm (UTF) to Woodburn commercial retail (CR)/ State File: Woodburn PA No. 001-99 Local File: PA 98-02, ZC 98-04, Annex 98-03 Dear Steve: Thank you for the opportunity to comment on the city's plan amendment which proposes Phases II and III of the Woodburn Company Stores Outlet. This proposal is located northwest of the I-5 and State Highway 214 interchange which will serve as primary access to the site. During 1998, the city approved Phase I of the Company Stores Outlet, which is located immediately south of the current proposal. According to applicant's information, approval of the proposed plan amendment would enable the Company Storcs to expand from approximately 240,000 square feet to 406,000 square feet. The department has reviewed the city's project staffreporl, comprehensive plan, including its Transportation System Plan (TSP), and adopted periodic review work program and offers the following comments. General Comments The proposed plan amendment raises a number of issues regarding compliance with statewide planning goals, statutes and regulations. Before the city adopts the plan amendment, it nceds to address how its comprehensive plan and zoning ordinance 1) maintains its balance and share of multi-family land pursuant to Goal 10 (Housing), 2)justifies its need for more commercial land pursuant to Goal 9 (Economic Development), and 3) meets transportation planning requirements found in the Transporlation Planning Rule (TPR) pursuant to Goal 12 (Transportation). In addition, the city is in periodic review and will need to demonstrate how the proposed plan amendment docs not havc consequences on work tasks relating to Goals 9, 10, and 12. 58 Stcve Goeckritz - 2 - March 22, 1999 Spcci lic COIlllllClltS Regarding Goal Compliance (leal I0 - llousin,~: Thc plan amendment proposes to remove 8.0 acres from lhe cily's buildable land supply withoul compensation of a similar amount of land elsewhere inside thc urban growlh boundary ((J(;B). Goal I() asks that plans tbr different housing types be "commensurate with the financial capabilities of ()rcgon households and allow for flexibility of housing location, type and density." Ally plan amendment which conlcmplatcs changing the amount of land available tbr housing ill[lSt dclnOllslralc meeting ( leal 1 ()'s needs lest. By needs lest, Goal 10 means that housing location, lypc, ami density llltlSl eon'esl*end wilh thc income levels lbumt in thc comlnunily's household and Clnploycd popt~laliola at thc time of thc plan amcmtmcnt. ()rcgon's housing need statutes arc Ibtmd ulldcr ()}{h 197.3t}3 and 197.3()7. Thc city's staff report argues that there is an excess ofbuildable land witllin tile UGB. The basis for this argument is made on the comprehensive plan's out-of-date buildable lands inventory and land needs analysis which ~s currently being updatcd in the city's periodic review pursuant to ORS 197.296 and Goal 10 standards.~ This analysis also does not provide an useful assessment ofllousehold illCOllleS as they might relate to housing need. Instead, the city's comprehensive plan has relied on its historical mix of housing type to detemline future land needs for various housing types.2 This kind of analysis is reflective of historical Imusing demand, but not household incorne as called for by Goal 10. The staff report also concludes that since the city zoning ordinance allows rnulti-farnily uses in every commercial zone, that parl of the cily's commercial land inventory is available for multi-family housing. However, unless the city's comprehensive plan and zoning code have enabled specific and quantifying ranges of multi-family housing in its conmlercially designated areas which act to 1) protect the integrity of thc base commercial uses and 2) allow construction of a buildable lands inventory from clear and objective zoning standards, such housing carmot be included in the city's overall buildable lands ill\'Clltorv. (~(ae ()[)tl.v ])Uv('/ol~lItutll ('Ol'[7Ol'Ul[Oll I'. ('i/v 0lEu,fiche, LUBA No. 95-104.2 Before the city ciul approvc thc proposcd plan amendment, an updated buildable lands needs analysis which complies with Goal 1() standards must be prepared and adopted. Once this step is conlpleted, then, and only then, will it be possible for the city to assess whether conversion of 8.0 acres from multi-family lo commercial land uses can be justified under Goal 10, as well as other state planning requirements. (leal 9 - Economw ])evelo[)menl: The addition of 8.0 acres to tile Goal 9 land inventory nlust be ~ 'l'hc~c ~s a qucslmn whether Ibc city slatT report has used au agknowledged buildable lands inventory m developing tis COIICItlSiOIIS Thc dcparlmenl understands thai the cily collated and reformatled ils comprehensive plan during the 1996-97 period; however, the deparlmenl did not receive a notice of a post-acknowledgment plan amendment ptH suanl to ()RN 197.610 for any changes lhal might have been included m lhe cily's plan reformatting. If changes occurred during thc plan's reformatting thai affect statcwidc planning goals, then failure to provide the department nolicc means lhal lhose amendments are not acknowledged ? Thc cxty staff ~cpor! argt,cs that thc city's ,'ccords show that "demand fm mt,ltl-fancily rcsidcnlial tlllils hasbccnst, staincdalabou120pctccntovcrthcpast30ycars' Thetcmaming80pcrcenlhasbccnsinglc-family ~csl(tcntial." (Staff rcporl, p. 5) This historic demand is riel rectified with an analysis of the city's housing needs under Goal 10. In 1997, thc proporlmn ofsingle-family unils t° l°lal units pr°duced in Oregon was 65 percent' B9 Steve Goeckritz - 3 - March 22, 1999 justified in terms of the comprehensive plan's economic opportunity analysis. (OAR 660-009-0015). Under OAR 660-009-0015(4), the plan amendment must be consistent with an analysis of economic advantages and disadvantages which consider, among other factors, 1) availability of key transportation facilities and 2) labor market factors. Comments which are provided below on Goal 12 (Transportation) are directly relevant to the Goal 9 analysis under OAR 660-009-0015(4). In terms of the labor market analysis, the city's coordinated population projection provided by Marion County, pursuant to ORS 195.036, should be used to help determine an employment projection for the city. In tum, the comprehensive plan's economic opportunity analysis will demonstrate and provide projections for employment types which become part of the income analysis for determining future housing needs under Goal 10. Before the city can approve the proposed plan amendment, its comprehensive plan must demonstrate compliance with each of the above Goal 9 and related goal issues. The findings in the city's staff report do not address these issues in a way that can justify compliance with the statewide planning goals. (Staff report, pp. 4-5.) These same issues are subject to review under the city's periodic review work program. Goal 12 - Transportation: The city staff report contains incomplete and incorrect findings regarding Goal 12 and the Transportation Planning Rule (OAR 660-012). The Oregon Department of Transportation's (ODOT's) February 4, 1999, letter on the proposed plan amendment raised a number of concerns regarding compliance with Goal 12 and the TPR. The depamnent echoes and endorses ODOT's concerns and incorporates its February 4th letter along with additional comments on the proposal's need for Goal 12 compliance. (See attached ODOT letter dated February 4, 1999, Attachment 1 .) The Woodburn City Council approved the city's TSP on June 10, 1996 with findings that it met OAR 660-012-0060(1)(b) of the TPR. The department and ODOT had previously advised that the area around the I-5 and State Highway 214 interchange would not meet OAR 660-012-0060 until a refinement plan was completed pursuant to OAR 660-012-0025(3). The department continues to hold this position until a refinement plan has been acknowledged for the 1-5 and State Highway 214 interchange area. In adopting the TSP, the city council agreed to defer completing the refinement plan to periodic review of its comprehensive plan and land use ordinance (Woodburn Ordinance No. 2170, approved June 10, 1996). However, the transportation analysis now included in the city's adopted TSP is not sufficient to support the proposed expansion of the commercial use. Therefore, the city must consider either: a) limiting allowed land uses; or b) amending its TSP; or c) altering land use designations as required by OAR 660-012-0060(1). Completion of the refinement plan, as well as updating of land use regulations pursuant to OAR 660-012-0045, are included as Task No. 3.b. in the city's adopted periodic review work program. Task 3.b. includes specific reference to meeting OAR 660-012-0060 through the refinement plan and other TSP revision work. (See attached Work Program Approval Order No. 00794, Attachment 2.) The city staff report states that the "traffic conditions generated by the proposed plan change will not result in reaching the threshold conditions that would warrant limiting the proposed land uses in order to be consistent with the function, capacity or level of service of transportation facilities," and that the "magnitude of the recommended traffic improvements is not of sufficient scale to warrant amending 60 Steve Goeckritz - 4 - March 22, 1999 the projects and improvements already described in the TSP". (Staff report, p. 6.) We disagree with these findings. The 2015 analysis upon which these findings rely assumed the completion ora major upgrade to thc I-5/State Highway 214 interchange, including a partial cloverleaf configuration. This facility is not included in the adopted Woodburn Transportation System Plan. Both ODOT and the city have acknowledged the need to complete a refinement plan prior to deciding upon a particular interchange configuration. Therefore, it is not consistent with the city's comprehensive plan or the TPR to include this Facility in the analysis until a refinement plan has been completed and the findings of that refinement plan adopted by the city and incorporated into the city's TSP. t:urthcr, since tile analysis has not evaluated tile 2015 conditions with only those facilities currently included as part of lhc city's adopted TSP, it is premature or inaccurate to conclude that thc proposed plan amendmcnl will not create traffic conditions that would warrant limiting the proposed land uses to be consistent with the function, capacity or level of service of transportation facilities. In fact, the evidence in the record, including the city's TSP which calls for a refinement study of the l-5/State Highway 214 interchange due to insufficienl capacity within the planning period, suggests that without a major upgrade, the interchange will be severely congested within the planning period and that the proposed plan amendment will exacerbate these conditions. Since the proposed plan amendment would allow types and levels of land use which would result in levels of travel or access which would reduce the level of service of the facility below the minimum acceptable level identified in the TSP, the proposed plan amendment will result in a significant impact to the I-5/State Highway 214 facility. Need for Coordinations: The city staff report states that the proposed plan amendment has been coordinated with affected transportation facility and service providers because both "ODOT and Marion County have been provided the opportunity to review the TIA for this proposal. Coordination meetings on the proposal have provided opportunities for all parties to share comments and findings". (Staff report, p. 8.) We disagree with this finding. With regard to coordination, ORS 197.015 states that a"plan is 'coordinated' when the needs of all levels of governments, semipublic and private agencies and thc citizens of Oregon have been considered and accommodated as much as possible." We agree that ODOT's concerns have been considered. However, ODOT has specifically requested that a refinement study be completed for the I-5/State Highway 214 interchange prior to making decisions regarding the function, general location, and mode of this facility. The city previously accommodated this request when adopting the TSP. Prematurely relying upon facilities and findings which should be derived from a refinement plan is not consistent with accommodating ODOT's needs as much as possible. Under the current and expanded Company Stores proposal, a new OAR, 660-012-0060 analysis and TSP and/or land usc response is needed before approval. The city's adopted TSP calls for a refinement plan for thc 1-5 / State Highway 214 interchange area to comply with OAR 660-012-0060. Since the city has not yet adequately addressed this rule requirement and since the city has decided to address it in the refinement plan, it follows that the city cannot approve the proposed plan amendment to commercial use until the refinement plan is adopted and acknowledged. This is work contemplated in the city's periodic review Work Task No. 3.b., as previously mentioned. ODOT's Febrnary 4th letter has also rcqt. cstcd that thc land usc decision be deferred until a refinement plan has been acknowledged. Steve Goeckritz - 5 - March 22, i 999 ('o~!flict ~,ith Periodic Revie~v: The city was noticed by the department to begin periodic review during May, 1996. Thc city council approved its periodic review work program on May 22, t997. The department issued its approval order on July 30, 1997. The city's periodic review is subject to ORS 197.296, as a fast-growth city. The city's periodic review work program conlains eleven work tasks, including tasks for complying xvith Goals 9, 10 and 12 which are directly applicable to thc proposed plan amendment. (See attached Work Program Approval Order No. 00794, Attachment 2.) ORS 197.644(2) provides the l,and Conservation and Development Comnaission exclusive jurisdiction for review of completed periodic review work program tasks. Under OAR 660-025-0040, "the ('ommission, pursuant to ORS 197.044(2), shall have exclusive jurisdiction ['or thc review o1' thc evaluation, work program and all work program tasks for compliance with the statewidc planning 'I'hc department believes that adoption of the proposed plan amendment will have an effect on thc city's ability to achieve goal compliance during its periodic review. As noted in our above discussions on housing, economic development and transportation, approval of the proposed plan amendment will have consequences on a number of elements found in the city's periodic review work program. For example, the city is currently preparing an inventory and needs analysis under Goals 9 and 10, through the process called for under ORS 197.296, as well as OAR 660-008 and OAR 660-009. According to the city's periodic review work program, this Goal 9 and 10 work (See Tasks 1 and 2.) is to be completed prior to updating the city's TSP (See Task 3.b.). In fact, Task 3.b. of the work program contemplates and relies on completing Tasks 1, 2 and 3.a (Updated public facilities plan) prior to amending the city's TSP, which includes preparation and adoption of the I-5 / State Highway 214 refinement plan. As we have already stated, compliance with OAR 660-012-0060 cannot be achieved until the city has included an acknowledged refinement plan in its TSP. In some cases, like with OAR 660-009-0015(4), a link between Goal 9 and 12 is specified. Comprehensively, land usc decisions regarding the location and intensity of Goal 9 and/or Goal 10 lands on a citywidc basis will affect thc outcome of the land usc analysis which is contemplated to be parl of the l-5/$tatc Highway 214 rcfinement plan. These periodic review tasks arc dependent on each other, and approval of a significant land usc change outside of periodic review would likely lead to a ripple effect on the city's on-going periodic review activities, and potentially require considerable adjustment to individual work tasks or the work program, itself. 45 L)c~v Notice: The department received the proposed plan amendmen! with only 42 days notice. ORS i97.610 requires that thc department receive notice of the plan amendment at least 45 days prior to thc city's final decision. We concur with ODOT's February 4th letter which asks that the city not approve thc proposed plan amendment until a refinement plan has been prepared and acknowledged as part of the city's TSP. We also ask that you fully weigh the proposal and include considering it under your current periodic review, particularly with regard to thc Goal 9, 10 and 12 issues which are raised in the department's letter. We believe choosing amorc comprehensive and deliberative planning course will lead to a better decision for the Woodburn community. 62 Steve Goeclo~tz - 6 - March 22, 1999 Again, thank you for the opportunity to comment on the proposed plan amendment. Please enter this letter into the record of proceeding for this matter. Please advise the department of any continuance to your hearing. If you have any questions, do not hesitate to call me at 503/373-.0050 ext. 224. Sincerely, t~Mark Radabaugh Willamette Valley Urban Representative Attachments: 1. ODOT letter dated February 4, 1999 2. Periodic Review Work Program Approval Order No. 00794 dated July 30, 1997 CC*- Rob Hallyburton, Marion County Planning Gary Johnson, ODOT, Region 2 Manager June Carlson, ODOT, Region 2 Dan Fricke, ODOT, Region 2 Don Jordan, ODOT, Region 2 Terry Cole, ODOT, Region 2 Betty Pongracz, OEDD Tom Fox, OEDD Kathy Lincoln, DO J/General Counsel Division Roger All~ed, DOJ DLCD (6) Woodbum Periodic Review file: D. Butts 63 CITY O.F WOODBURN ~270 Montgomery Street Woodbum, Oregon 97071 · (503) 982-5222 TDD (503) 982-7433 ° FAX (503) 982-5244 HE PLANNING COMMISSION OF WOODBURN, OREGON ANNEXATION 98-03 PLAN MAP AMENDMENT 98-02 ZONE CHANGE 98-04 FINAL ORDER WHEREAS, a request was made for the Planning Commission to hear a proposal for the applicant to annex 8 acres into the City of Woodburn and amend the comprehensive plan map designation from Multi-Family to Commercial for a 8 acre parcel, and amend the zone map designation from RM to CR, and; WHEREAS, the Planning Commission reviewed the matter at their special scheduled meeting of February 11, 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 98-03, Comprehensive Plan Map Amendment 98-02 and Zone Map Amendment 98-02 and instructed staff to prepare findings and conclusions, NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COMMISSION: The Planning Commission recommends the City Council approve Annexation 98- 03, Comprehensive Plan Map Amendment 98-02 and Zone Change 98-04 based on findings and conclusions contained in Exhibit "A", and subject to conditions of approval contained in Exhibit "B", which is hereto and by reference incorporated herein. Approved: Date FINAL ORDER ANNEXATION 98-03, PLAN MAP AMEND 98-02, ZONE CHANGE 98-02 64 EXHIBIT FINDINGS AND CONCLUSIONS BACKGROUND FINDINGS FINDING: The purpose of the application is to change the land designation for the subject property to accommodate future expansion of the Woodburn Company Stores Outlet Mall. FINDING: The applicant achieved City land use approval for Phase I of Woodburn Company Store Outlet Mall on August 12, 1998, Ordinance 2224. That action, combined with Ordinance 2097 of November 27, 1992, established a gross site area of 31.23 acres zoned Commercial Retail (CR). After right of way vacation and dedication for streets, the applicant computes that the net site area at 28.26 acres. FINDING: Ordinance 2224 granted site plan approval for a 243,000 square foot gross floor area (GFA) factory outlet center. This center is being developed as Phase I. FINDING: The developer anticipated future expansion at the time land use applications were filed for Phase I. The site area established for Phase I has additional development potential. The Phase I factory outlet center utilizes about 24 acres of the site. Site improvements for Phase I include approximately 70 to 100 parking spaces above the minimum City requirement. FINDING: Expansion plans for Phases II and III encompass the land already designated for commercial in addition to the needs of Phase I and an additional 8.0 acre parcel (Marion County Assessor's Map 5 2W 12B, Tax Lot 101) abutting on the north. FINDING: In 1992 (Ordinance 2097) the City approved the same use at virtually the same location. That approval was for a 250,000 square foot gross floor area factory outlet center on a site of 26.28 acres (Tax Lot 200). The 1998 land use actions expanded the gross site area of the 1992 site by 4.57 acres, that is from 26.28 to 31.23 acres with 243,245 square feet of gross floor area. The 1999 application proposes an additional 8.0 acres. The applicant estimates the total site development at 405,600 square feet of gross floor area, which is about a 67 percent increase in floor area from the floor area approved in Phase I. FINDINGS & CONCLUSIONS - ANNEXATION 98-03, PLAN MAP AMEND 98°02, ZONE CHANGE 98-04 65 FINDING: A fork of Senecal Creek is located near the west property line of the subject property. Two fingers of the tributary extend easterly into the subject property. While the subject property is above the 100 year flood plain, delineation of wetlands and related mitigation measures are required prior to a building permit on the subject property. ANNEXATION FINDING: The proposal is to annex 8.0 acres of territory to the City of Woodburn. The subject property is Tax Lot 101, Marion County Assessor's Map 5 2W 12B.. It abuts the existing City limits on both the east and south boundaries. FINDING: The applicants have filed a petition representing all of the owners. There are no resident electors. 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. FINDING: A tributary of Senecal Creek adjoins the subject property on the westerly boundary. Two fingers of that tributary extend easterly through the subject property. The limits of wetlands along the tributary were confirmed for Phase I. Under ORS 227.350 delineation of wetlands is required for the subject property prior to City approval of a building permit for any new structure on the subject property. The Division of State Lands (DSL) is responsible for determining the extent of mitigation necessary to permit the fill, removal or ground alteration of over 50 cubic yards or more in wetlands. No other natural resource issues are apparent for the subject property. FINDINGS & CONCLUSIONS - ANNEXATION 98-03, PLAN MAP AMEND 98-02, ZONE CHANGE 98-04 66 FINDING: State agencies play a key role in achieving this goal. At the time of development, Department of Environmental quality is responsible for administering permits for drainage and for air quality with respect to large parking facilities. DSL is responsible for cuts and fills in wetlands, as noted in Goal 5. FINDING: There are no documented hazards associated with the subject property. A fork of Senecal Creek is located near the west property line of the subject property. This tributary is not within the 100-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: 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 location 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. FINDING: The City of Woodburn has made an allowance for a variety of densities and housing types in the Comprehensive Plan and implementing ordinances, consistent with the Guidelines for implementing the Goal. The available inventory of residential land within the UGB 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 a 100 acres of both the Low Density and High Density designations. This analysis is based on the carrying capacity of the two residential categories in the plan in relation to the densities permitted in the underlying zoning. The capacity of the Low Density Residential designation is 6 dwelling units per gross acre. The capacity of the High Density designation is conservatively indexed at a density of 12 dwelling units per gross acre, where the corresponding zoning allows densities ranging up to 25 dwelling units per gross acre. The City has experienced its most substantial periods of growth since the construction of the Interstate Highway in the 1970's. The relatively small base population, cycles in the economy and the influx of a variety of new residents with diverse needs has made the characteristics of the housing market no more predictable than the need for commercial land. Records for housing by type FINDINGS & CONCLUSIONS - ANNEXATION 98-03, PLAN MAP AMEND 98-02, ZONE CHANGE 98-04 67 shows that demand for multi-family residential units has been sustained at about 20 percent over the past 30 years. The remaining 80 percent has been single-family residential. The most significant change has been abouta 100% increase in the use of manufactured homes as single-family residential units which is offset by a decline in site-built units. Commercially designated land provides an additional land resource for multi- family residential use. In addition to the 100 acre surplus in the carrying capacity of land designated High Density Residential, the proposed change in designation is also accounted for in the Commercial designation. The Woodburn Zoning Ordinance has cumulative use districts. Consequently there is multi- family residential capacity in excess of that capacity identified as High Density Residential, because multi-family use is a permitted use in every commercial zone. The commercial zoning districts are reflected on the Comprehensive Plan Map as Commercial. By designating additional land for commercial use, the proposal offsets any diminution of multi-family residential use opportunities in the inventory of vacant commercial land.. FINDING: The subject property is well positioned for the further extension of public facilities constructed to serve Phase I development of the factory outlet center. 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 Woodburn Factory Stores Phases II/Ill Traffic Impact Analysis (TIA) by Kittelson & Assoc., December 1998, indicates that the traffic conditions generated by the proposed Plan change will not result in reaching the threshold conditions that would warrant limiting the proposed land uses in order to be consistent with the function, capacity or level of service of transportation facilities. The Woodburn Comprehensive Plan Annexation Policy D-2 calls for a traffic impact analysis with site plan review of Phasesllandlll. Because actual traffic FINDINGS & CONCLUSIONS - ANNEXATION 98-03, PLAN MAP AMEND 98-02, ZONE CHANGE 98-04 68 conditions resulting from Woodburn Company Store Phase I may exhibit other patterns and conditions than presented in the 1998 TIA, the City reserves its right to revisit the traffic impacts at the time of Site Plan Review and modify the improvements required as needed. FINDING: The magnitude of the recommended traffic improvements is not of sufficient scale to warrant amending the projects and improvements already described in the TSP. The recommended actions in the TIA reflect three levels of improvements corresponding to the estimated completion of Phase II, Phase III and year 201 5 conditions: Phase II Development (Year 2001): Arney Road/Woodland Avenue. placing the stop sign control approaches. This intersection should be modified by on the northbound and southbound I-5 Southbound Ramps/Highway 219. To provide the required volume to capacity ratio, the eastbound to southbound exclusive lane needs at least 375 feet of clear storage plus a taper. Phase II & III Development (Year 2003): I-5 Southbound Ramps/Highway 219. To provide the required volume to capacity ratio, the eastbound to southbound exclusive lane needs at least 425 feet of clear storage plus a taper. I-5 Northbound Ramps/Highway 214. To provide the required volume to capacity ratio, an exclusive westbound to northbound exclusive right turn lane needs to be provided. Year 201 5: I-5 Northbound Ramps/Highway 214. To provide level of service, a second right turn lane is required on the northbound approach and an exclusive westbound right turn lane is required. I-5 Southbound Ramps/Highway 219. TO provide the required volume to capacity ratio, the eastbound to southbound exclusive lane needs at least 425 feet of clear storage plus a taper. FINDINGS & CONCLUSIONS - ANNEXATION 98-03, PLAN MAP AMEND 98-02, ZONE CHANGE 98-04 69 Evergreen Road/Highway 214. To provide the required volume to capacity ratio, the northbound approach needs to be widened to three lanes, including an exclusive left turn lane, a shared left/through lane, and an exclusive right turn lane. FINDING: It is anticipated that the attraction of the factory outlet center as a destination will result in an extension of local transit service toward the site at some future date. However, local transit service is not estimated to have a measurable affect on reducing automobile traffic. According to the results of the TIA the traffic impacts can be mitigated without instituting measures that reduce the demand for automobile travel. FINDING: As indicated by the TIA, and supported by compliance with Comprehensive Plan Commercial Policy B-2, the proposal does not result in any change in the functional classification of streets. FINDING: The proposal does not require any changes in the standards that implement the functional classification of streets. This finding is reflected in the TIA. FINDING: The current and the proposed Plan designations are consistent with the functional classification of streets. The functional classification system accounts for the fact that trips can be added and that improvements can be made to streets without changing the function of the street. FINDING: The TIA describes street improvements ((2)(b) above) that maintain the Level of Service and V/C ratios at an acceptable level based on the Comprehensive Plan designation for the subject property. FINDING: Both ODOT and Marion County have been provided the opportunity to review the TIA for this proposal. Coordination meetings on the proposal have provided opportunities for all parties to share comments and findings. TRANSPORTATION SYSTEMS PLANS FINDING: The referenced requirements are site and design standards. These will be administered as appropriate when the Site Plan Review on Phase II is initiated. 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 FINDINGS & CONCLUSIONS - ANNEXATION 98-03, PLAN MAP AMEND 98-02, ZONE CHANGE 98-04 70 center will all conform with required energy conservation codes. FINDING: This Goal 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 (UGB). 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. 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. FINDING: The following goals are not applicable to this proposal: Goal 3: Agricultural Lands, Goal 4: Forest Lands: Goal 15: Willamette River Green way, and Goals 16 through 19: the Coastal Goals. WOODBURN COMPREHENSIVE PLAN FINDING: The Comprehensive Plan (Page 14) identifies the special market area considerations for commer~:ial uses in the subject 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 use can only be served at the proposed location. FINDING: 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 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. FINDINGS & CONCLUSIONS * ANNEXATION 98-03, PLAN MAP AMEND 98-02, ZONE CHANGE 98-04 71 As a "should" statement this is policy is advisory rather than mandatory. The high level of design and connectivity with Highway 214 comply with the intent of policy. FINDING: As found in Commercial Development Policy (V.D.I.a.), 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. FINDING: 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. In this instance the impact study is triggered by the Comprehensive Plan change due to the requirements of the Transportation Planning Rule. In keeping with this policy, any site specific development proposal that significantly alters the traffic impacts, can cause refinement of the impact analysis in conjunction with the Site Plan Review. FINDING: 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. FINDING: 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. 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: 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. FINDING: The proposed annexation is required to provide the opportunity for FINDINGS & CONCLUSIONS - ANNEXATION 98-03, PLAN MAP AMEND 98-02, ZONE CHANGE 98-04 72 future expansion of a specific regional commercial use in the only site within the City that is appropriate. FINDING: As a site to expand a specific existing use there are no in-fill locations that are suitable for this purpose. FINDING: 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. TRANSPORTATION SYSTEM PLAN FINDING: The proposed Comprehensive Plan change does not warrant any change in the functional classification of streets as depicted in Figure 29 of the Transportation System Plan(TSP). Figure 29 of the TSP does indicate a potential street connection along the north boundary of the subject property. Marion County has also indicated this need. The appropriate facility to fulfill this need will be addressed at the time of Site Plan Review for Phases II and III. At that time all aspects of local circulation and access management will be dealt with. FINDING: Development of a commercial use will cause the need for transportation facility improvements, much as described in the TIA. These improvements are consistent with those described in the TSP. The specific requirements will be verified at the time of Site Plan Review for Phases II and III based on the experience of traffic generated by Phase I. FINDING: The City received this application on September 18, 1998. The Transportation Planning Rule ("TPR") that was in effect on that date is cited on pages 13-18 of the application. ODOT's letter cites amendments to the TPR that became effective on October 30, 1998, after the City received this application. The Oregon Land Use Board of Appeals ("LUBA") has held that amendments to administrative rules enacted after SUBMITTAL of an application are not applicable to an application for a "permit". East Lancaster Neighborhood Association vs. The City of Salem, 30 Or LUBA 147, 164, 165 (1995). Notwithstanding that this application is not a permit as that term is defined in ORS 227.160(2), the general rule that is applicable here is that substantive standards are applicable only to future applications. The public purpose behind this rule is to ensure that a land use FINDINGS & CONCLUSIONS - ANNEXATION 98-03, PLAN MAP AMEND 98-02, ZONE CHANGE 98-04 73 applicant is aware of the applicable standards in effect on the date an application is submitted. FINDING: ODOT asserts that approval of this application would reduce the level of service below the minimum level of service "D" for I-5. Table 7 at page 35 of the Kittelson traffic analysis shows that the level of service for affected intersections will be no less than level of service "D". ODOT cites OAR 660- 1 2-060(2)(d) for its argument that this application will reduce the performance standards below the minimum acceptable level identified in the Transportation System Plan ("TSP"). However, the applicable language of OAR 660-12- 060(2)(d) concerns level of service because the performance level standard language became effective after the City received this application. The level of service in Table 7 of the traffic analysis shows that the affected intersections will operate at a level of service "D" or better. FINDING: The year 2015 traffic analysis is neither required by the TPR nor is it relevant to an applicable standard in the TPR. Whether this application creates traffic that might reduce levels of service sixteen (16) years from now is not relevant to the approval standards for this application. ODOT can cite to no authority requiring this application to demonstrate that levels of service will be permanently adequate. Almost any transportation system will eventually become inadequate over time. FINDING: Moreover, the City of Woodburn has an acknowledged TSP. The City Council's approval of Phase 1 of the Woodburn company Stores found that the City's TSO has mitigated the significant affect [of the application] by meeting the requirements of OAR 660-12-060(1)(b)." The City's acknowledged TSO satisfies a twenty (20) year forecast for transportation needs, the City's TSP will ensure that the needed improvements are in place to serve the affected transportation facilities. FINDING: ODOT's letter states that it intends to begin work on an interchange refinement study, but does not say when this work will begin or when it will be completed. ODOT asks the City to defer a decision on this application until that study is completed. The City need not wait for an undefined, indeterminate work product that may never occur before taking action on this application. The City's TSP, adopted in conformance with the TPR, ensures that the required transportation facilities will be in place by the year 2015. COMPREHENSIVE PLAN MAP AMENDMENT FINDING: The proposed change in the Plan Map from High Density Residential fulfills a demonstrated public need. It represents a change from the way the FINDINGS & CONCLUSIONS - ANNEXATION 98-03, PLAN MAP AMEND 98-02, ZONE CHANGE 98-04 74 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. This is in keeping with Statewide Goal 9: Economic Development. Goal 9 states that the Comprehensive 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 publics' need to accommodate expansion of commercial use. The Statewide Guidelines state that: "Plans should strongly emphasize the expansion of and productivity from existing firms as a means to strengthen regional economic development". increased local and 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 FINDINGS & CONCLUSIONS - ANNEXATION 98-03, PLAN MAP AMEND 98-02, ZONE CHANGE 98-04 75 -- ! market share and reduces overall shopping trips. And significantly, the map change takes advantage of existing public and private investment. WOODBURN ZONING ORDINANCE FINDING: 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. FINDING: 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. FINDING: 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 FINDINGS & CONCLUSIONS - ANNEXATION 98-03, PLAN MAP AMEND 98-02, ZONE CHANGE 98-04 76 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. FINDINGS & CONCLUSIONS - ANNEXATION 98-03, PLAN MAP AMEND 98-02, ZONE CHANGE 98-04 77 EXHIBIT CONDITIONS OF APPROVAL o The improvements required to address traffic impacts shall be determined at the time of Site Plan Review based on a Traffic Impact Analysis that incorporates consideration of the affects of Phase I development of the factory outlet center. The access improvements required along the north line of the property shall be determined at the time of Site Plan Review. · 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. FINDINGS & CONCLUSIONS - ANNEXATION 98-03, PLAN MAP AMEND 98-02, ZONE CHANGE 98-04 78 Marion County OREGON DEPARTMENT OF PUBLIC WORKS JAN 0 4 V~ODSURt~ C'Y M .~.~ :.~ L.': .,'Pr' CE',/E:_G U ~: .': T ~" ::F T. BOARD OF COMMISSIONERS Randall Franke Mary B. Pearmine Don Wyant Jr. COUNTY ADMINISTRATOR Jeff Davis DIRECTOR Robert J. Hansen. P.E., P.L.S. ADMINISTRATION & ENGINEERING (503) 588-5036 FAX (503)-588-7970 COUNTY SURVEYOR'S OFFICE (5o3) 588-5155 FAX (503)-588-7970 OPERATIONS (5o3) ,588-53o8 FAX (503)-588-5609 EMERGENCY MANAGEMENT (503) 588-5108 FAX (503)-589-0943 December 30, 1998 Steve Goeckritz City of Woodburn 270 Montgomery Street Woodburn OR 97071 RE: Woodburn Company Stores, Phase II Dear Mr. Goeckritz: On December 18, 1998, Marion County Public Works received a copy of the application package for the proposed annexation of eight acres into the City for the above referenced project. We (the Land Use and Transportation Divisions) have the following preliminary comments: Marion County shall receive a copy of the traffic study to review it for compliance with Marion County Standards. The developer shall provide a site plan for the proposed development of the eight acres which shows how access will be provided to the property. The site plan shall also address access to the property directly to the west of the proposed development. If you have any questions or comments, please call me or Laurel Atkinson at (503) 588-5036. Sincerely, David R. Chamness, PE Civil Engineer LA:cac Administration / Enl~ineerinl~/Surveyor's / Operations / Emergency Management 5155 $ilverton Road NE · Salem, Oregon 07305-3802 e-mail: mcdpvv~o~3en.or~ · www.open.or~marion 79 To: From: Community Development Randy Rohman, Public Works Program Manager Subject: Woodburn Company Stores, Phase II D ate: Janurary 11, 1999 I have reviewed the applicants traffic study, i have not undertaken detailed analysis of the technical section of the report but it appears that the modeling software utilized correlates to the findings of the report and supports the recommendations. · This analysis is sufficient for the application and zone change. Further evaluation with a look at actual experience with Phase I after it is opened should be provided for the site plan review process for Phase II and subsequently for Phase III. The applicant should furnish additional traffic study information when a Phase !1 site plan request is submitted. 80 ./ REALTY GROUP - WOOOBURN, L.L.C. WOODBtlRNFACTORYSTOflEB-PH. llIII ARNEY RD. DEDICATION EXHIBIT I '"~."_,~_.-.= J 81