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Agenda - 04/12/1999 ¢I7'~ ¢O(JiY¢IL A GEIYDA APRIL 12, 1999- 7:00 P./~L 270/ffontgornery Street * ~ Woodburn, Oregon o e C~_LL TO ORDER AND FLAG SALUTE ROLL ~ APPOINTMENTS AND ANNOUNCEMENTS A. park & Recreation Board: Position IV: Janet Greenwell; term expires 12/31/2000 And Position VI: Patricia Watts; terms expires 12/31/99. B. Library Board: Position III: Kay Kuka; term expires 12/31/2001 and position V: patricia will; term expires 12/31/2001. C. Planning Commission: Position VI: Frank Lonergan; term expires 12/31/99 and Position VII: Ellen Bandelow; term expires 12/31/2002. D. County-wide Urban GroWth Management Project Stakeholders Committee: Appoint Richard Bjelland as Woodburn City Council representative. ~ ....... ...~.....-.....-...-.~.-:.:.:-~:.:~::::::;:::::::::::~.:i:i:~:~:i:3~ D. Budget Committee workshop: Saturday, April 17, 1999, 9:00 a.m. at City Hall E. Centennial park community work party: Saturday, May 15, 1999 at 9:00 a.m. PRESENTATIONS/PROC'! AMATIONS A. Wastewater Treatment Plant update B. Physical Fimess and Sports Month C. National Library Weelc COMMIT]'EE REPORTS A. Chamber of Commerce. B. Woodburn Downtown Association. COMMUNICATIONS- A. Letter from Marion County Commissioners regarding Juvenile Accountability Incentive Block Grant- B. Letter from United Disposal regaralng 1999 spring clean-up. BUSINESS FROM THE pUBLIC_ (This allows the public to introduce items for ~otmeil consideration not already scheduled on the agenda.) CONSENT AGEND_A - Items listed on the consent agenda are considered routine ~nd may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. Council minutes of March 22, 1999. 3_Q OB 8A Page 1 - Agenda, Woodbum City Council of April 12, 1999. 10. 11. 12. 13. 14. 15. 16. planning Commission minutes of March 11, 1999. Park Board minutes of March 10, 1999. De PoUce Department Activity report for February 1999. Building Activity report for March 1999. Claims for the month of March 1999. PUBUC HEARINGS. A. Zone Map Amenrlment 98-06 from RS to CR for property located at 1310 and 1340 Highway 99E. B. Boones Crossing PUD, Annexation, Zone Change, Conditional Use and Variance. (Information provided separately) C. Heritage Park Meadows Annexation, Zone Map Amendment & Subdivision (Information provided separately) TABI,F.1) BUSINESS GENERAL BUSINESS. A. Council Bill No. 1956 - Resolution authorizing renewal of participation in the Federal Property Utilization program. B. Council Bill No. 1957 - Resolution _~alling for a public hearing on the Annexation of certain property located in nw quadrant of I-5 interchange (Factory Outlet Stores, Phase II) C. Council Bill No. 1958 - Resolution authorizing Mall 99 lease agreement. D. Contract award for Wast, water Treatment plant expansion. E. Right-of-way dedication - Arney Road. F. Contract award for classification and compensation study. G. Amplified sound request from Chemeketa for Cinco de Mayo celebration. PUBLIC COMMENT NEW BUSINESS SITE PLAN ACTIONS.. CITY ADMINISTRATOR'S REPORT A. Update on Montebello subdivision. B. Report recording of land use decisions and CC&R's. C. Award from Oregon Urban & Comm-nlty Forest Council to City and WDA. MAYOR AND COUNCIL REPORTS EXECInWE SESSION ~ To conduct deliberations with persons designated by the governing body to carry on labor negotiations under the authority of ORS 192.660(1)(d) 8B SC llC_ llD llE llF llG 15B 18. ADJOURNMENT. Page 2 - Agenda, Woodbum City Council of April 12, 1999. 3 29 March 1999 TO: City Councilors From: Office of the Mayor Appointments The following appointments are made, subject to the approval of the Council. Please forward any adverse comments to me by Wednesday 31 March 1999. No reply is required if you approve of my decisions. Park and Recreation Board Position IV To complete the term of Mci Schmidt, who resigned. Term ends 31 December 2000 Janet Greenweil-- Janet and her husband recently moved back to Woodburn. They have lived in the Gervais area for several years. Janet is the daughter of our good friend Lillian Warzynski. She lived here for many years. She has a background of working with youth and wants to get involved. Position VI This position has been vacant for some time. The term ends 31 December 1999 Patricia Watts - Patricia has lived Woodbum for 71/2 years. Is a Branch Office Administrator for an investment firm here in Woodburn. She has experience as a board member of a non profit organization. She has organized various activities including meetings, athletic events, dances etc. She has staffing experience, handled all finances, including taxes for the organization. Believes that all folks young and old should be active and involved. LibrarF Board Position 1TI To complete the term of Jane Riggan who resigned. The term ends 31 December 2001. Kay Kuka--Kay has lived in Woodburn 4 ~A years. She is currently a volunteer at the Library. She has budget experience and management skill in the nursing field. She has very strong feelings about providing service to the constituents. Position V To complete the term ofWanita Haugen who resigned. The term ends 31 December 2001 Particia Will--Pat is a long time resident of this dry,(44) years. She has always been a supporter of the Library and is currently a volunteer. She has been making the book bags for the Library. Wants to serve the community and has the interest to do a good job. 3 Planning Commission Position VI To complete the term ofLaten Frawley who resigned. December 1999. Term ends 31 Frank Lonergan - Frank is well known to all of you. He is a lifelong resident of Woodburn and is very interested in what happens. In my opinion he will make a good Planning Commissioner. Position VII To complete the term ofDoeke Gerbacht who resigned. Term ends 31 December 2002 Ellen Bandelow - Ellen and her husband Robert have been residents of the Woodburn area for many years. Ellen is an Associate with Hallmark Properties. I asked her to consider an appointment. I had a long interview with her and am firmly convinced that she will be an asset to the Commission. I also feel that we need more women on the planning commission. Budget Committee Position VI--To complete the term of Barbara Lucas who resigned. Term ends 31 December 1999. No One appointed yet Marion County OREGON COMMUNITY DEVELOPMENT DEPARTMENT DIRECTOR Craig O. Luedeman BUILDING INSPECTION (503) 588-5147 PLANNING (503) 588-5038 mcplann@open.org BOARD OF COMMISSIONERS Randall Franke Patti Milne Mike Ryan COUNTY ADMINISTRATOR Jeff Davis March 11, 1999 City Manager City of Woodburn 270 Montgomery St. Woodbum, OR 97071 Re: Invitation to participate in county-wide urban growth management project Marion County has recently initiated a project designed to result in a county- wide urban growth management plan and updated population projections. A short description of the project is enclosed. The first phase of the project includes formation of a stakeholders' group comprised of a broad range of interests from the private, non-profit, and public sectors. We would like to have as much city involvement as possible, including yours. Group members will be depended upon to represent the interests of their constituency and to report on the progress of the project back to their larger group, in your case the city council. The county would prefer to have an elected official representing the city on the stakeholders' group, but if one is not available a planning commissioner would be an appropriate substitute. The first meeting is expected to be held on an evening in late April, but the date has not yet been selected. Subsequent meetings, anticipated to be monthly, will be scheduled then. A technical advisory committee comprised of city, county, and state agency staff involved in land-use, transportation, and public facilities planning will also be formed. If someone on your staff is interested in becoming a participant of this group, please let me know. Technical advisory committee meetings will take place the same day as the stakeholders' group meetings, but during working hours. Since the first meetings will take place soon, we would appreciate your immediate attention to this matter. Please contact me at your earliest convenience regarding whether someone from your city wishes to participate. 3150 Lancaster Ddve N.E. Suite 'B' · Salem. Oregon 97305-1398 · http://www.open.orglmcplann Growth Management Project Committee Invitation March 11, 1999 Page 2 If you have any questions, please don't hesitate to contact me. My e-mail address is rhallyburton~open.org, and the planning division fax number is (503) 589-3284. Yours la-uly, Rob Ha~ Principal Planner C~ Board of Commissioners Craig-O. Luedeman, Community Development Director Marion County Urban Growth Management Project February 18, 1999 DESCRIPTION OF THE PROJECT The project is designed to: Study the capabilities of the county's urban areas to accommodate growth (considering utilities, streets, and buildable lands); Collaborate with the cities along with other interested groups and individuals, through advisory and focus groups, to determine the interests of the various jurisdictions in managing regional urban growth; Develop a strategy for guiding and coordinating growth among the cities considering issues such as farmland preservation, jobs, housing affordability, congestion, and public service financing; and 4. Implement the strategy in coordination with affected urban areas. PURPOSE OF THE PROJECT Marion County initiated the project because of 1995 legislation that required the county to coordinate population forecasts for all the cities. In the process of considering these coordinated forecasts, the county Board of Commissioners found information lacking regarding the potential consequences of their decision. This project is intended to supply that information. In addition, with 20 cities in the county, coordination of planning activities is complex and time- consuming. Implementation of the strategies developed in this project will provide greater coordination between the county and cities because issues and expectations regarding urban growth management will be examined up-front as part of the process. DURATION AND FUNDING The project is expected to conclude by the end of 2001. The first phase of the project (through September of this year), consisting of developing stakeholder involvement, researching public opinion, and performing a county-wide land-use inventory, has been funded through grants from the state departments of Economic Development and Land Conservation & Development. CITY OF WOODBURN 270 Montgomery Street · Wooclburn, Oregon 97071 · (503) 982-5222 TDD (503) 982-7433 · [AX (503) 982-5244 4B PROCLAMATION PHYSICAL FITNESS AND SPORTS MONTH and FITNESS DA Y IN OREGON WHEREAS, the President's Council and the Oregon Governor's Council on Physical Fitness and Sports has designated the month of May, 1999 as Physical Fitness and Sports Month; and WHEREAS, Physical Fitness and Sports Month is our country's and state's celebration of personcd fitness and provides opportunities for people of all ages and abilities to txIrticipate in fitness and sports activities; and WHEREAS, physical education, fitness and sports programs are effective means of developing motor skills, coordination, and healthy habits, as well as contributing to the overall physical, mental, and social well-being of our citizens; and WHEREAS, Physical Fitness and Sports Month provides special opportunities for millions of Americans to participate in physical fitness programs and sports activities. NOW, THEREFORE, I, RICHARD JENNINGS , Mayor of Woodburn, Oregon hereby proclaim May 1999 as PHYSICAL FITNESS AND SPORTS MONTH IN WOODBURN andMayl9, 1999as FITNESS DAY IN WOODBURN and urge our citizens, businesses and organizations to promote activities throughout this month in recognition of physical fitness. Dated this b ¢i~ day of April, 1999. City of W'ood'oiifn PROCLAMATION NATIONAL LI__BRARY WEEK WHEREAS, WHEREAS , Libraries provide information essential to our culture; and Librarians provide this verifiable information in response to the needs of citizens at work, home and school; and Reading and information is an integral part of our national experience; and Libraries are free and accessible to all Americans and nurture this Nation with vast resources of knowledge and information; and The quality and quantity of information and services provided by libraries is dependent upon community support; and Staff persons in libraries are a valuable human resource in the age of computers and automation; and The Woodburn Public Library and libraries throughout America are celebrating National Library Week during the week of April the 11th through the 17th, with the theme: "Read! Learn! Connect! @ the Library"; and NOW, THEREFORE, That theme encourages people to use available technology to learn more, grow more, and enjoy more through the power and pleasure of reading and expand their horizons by using the wide variety of materials and equipment our libraries offer. I, Richard Jennings, Mayor of the City of Woodburn, do hereby proclaim April 11-17, 1999 as: WOODBURN LIBRARY WEEK in the City of Woodburn, Oregon and I urge all Citizens to visit the local library and to become familiar with the library and the staff available to assist them in their search for information. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Seal of the City of Woodbum to be affixed this 7th day of Apdl 1999. Richard Jenning~s~ City of Woodbum,"~egon 4C Marion County OREGON BOARD OF COMMISSIONERS 6A (503) 588-5212 (503) 588-5237 - FAX BOARD OF COMMISSIONERS Randall Ffanke Patti Milne Mike Ryan COUNTY ADMINISTRATOR Jeff Davis March 19, 1999 Honorable City Councilors City of Woodburn 1049 McKinley St. Woodburn OR 97071 Dear Councilors, I would like to express my sincere appreciation of your city's willingness to contribute its share of the Juvenile Accountability Incentive Block Grant (JAIBG) funds for juvenile crime prevention to Marion County. During my county-wide visits over the past year, I met countless taxpayers who were concerned that local governments do not collaborate and consolidate their resources as much as they should. The JAIBG process has demonstrated that we can and do help one another with resources to solve some very basic challenges in our community. The Marion County Juvenile Department will be using your contribution in expanding its Guaranteed Attendance Program or GAP. GAP addresses the need for a staff- secure alternative to detention to improve youth attendance in school or coup-ordered programs. GAP also affords rural youth the opportunity to earn restitution through participation in other Juvenile Department programs such as Matrix. The program currently houses a maximum of ten male youth. Contributions by cities will help enable this program to add 15 beds to serve 10 girls as well as 15 boys. We are currently developing a curriculum for a girls program, as well as a character development and values training program for youth aged 5 to 18 which focuses on values such as trustworthiness, respect, responsibility, fairness, caring, and citizenship. The Marion County Juvenile Department's mission statement is to respond to the need for community safety by holding delinquent youth and their parents accountable, and my fellow commissioners and I are strongly committed to these principles. Marion County Courthouse · 100 High Street NE · Salem, Oregon 97301-3670 · www.open.orglmarion 6A Again, I would like to thank you for your city's contribution towards holding these youth accountable, and helping make both the urban and rural areas of Marion County safe for our communities' future. Commissioner Mike Rye," fi' Chair, Marion County Public Safety Coordinating Council United Disp.osal Service, Inc. P.O. BOX 608 2215 N, FRONT STREET WOODBURN, OREGON 97071-5999 RESIDENTIAL - COMMERCIAL - INDUSTRIAL - RECYCLING TELEPHONE 503-981-1278 FAX 503-982-7930 http://www.uniteddisposal.com RECAP OF CITY YARD DEBRIS/METAL CLEAN-UPS FOR THE CITIES OF HUBBARD, WOODBURN, AURORA AND GERVAIS During March 20, 1999, 7 a.m. to 5 p.m. event at the Woodbum United Disposal Service, Inc. manned site, 410 vehicles of these cities' residents were served. Proof of residency was required for this free service. Most cities advertised the event in their respective water bill. U-DS sent news releases to DirectLink, WCAT, Senior Estates News and Views and the Woodbum Independent two weeks prior to this event. This event is a collaborative effort of United Disposal Service, Inc., the Cities of Hubbard, Woodbum, Aurora and Gervais and the Marion County Department of Solid Waste. UDS hauled: 6--48.9 yard industrial size drop boxes of yard debris 2--30.0 yard industrial size drop boxes of yard debris 1--48.9 yard industrial size drop box of wood 1--48.9 yard industrial size drop box of scrap metal Thank you for the opportunity to serve your city. PRINTED ON RECYCLEO PAPER 8A COUNCIL MEETING MINUTES MARCH 22, 1999 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 22, 1999. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0005 ROLL CALL. Mayor Jennings Present Councilor Bjelland Present Councilor Chadwick Present Councilor Figley Present Councilor Kilmurray Present Councilor Pugh Present Councilor S ifuentez Present Staff Present: City Administrator Brown, Public Works Director Tiwari, Public Works Manager Rohman, Police Chief Wright, Community Development Director Goeckritz, Library Director Sprauer, Park & Recreation Director Westrick, Finance Director Gillespie, Management Analyst Smith, City Recorder Tennant Mayor Jennings stated that agenda item 11E (Right of way dedication) would be removed from the agenda since the persons listed on the warranty deed no longer own the property. 0046 0055 ANNOUNCEMENTS. A) Budget Committee Workshop will be held on Monday, March 29, 1999, 7:00 p.m., in the City Hall Council Chambers. PRESENTATIONS: A) Certificate of Recognition: Mayor Jennings introduced Shawn Lonergan who was 1 of 1,000 Boy Scouts of America who went to Santiago, Chile, last summer to represent the United States at the International Scouting Jamboree. He presented him with a Certificate of Recognition for his Outstanding Achievement and expressed his pleasure in having him as a member of our community. Mr. Lonergan thanked the Mayor and Council for the Certificate of Recognition, and he thanked his family for their support of his involvement with this international program. He was I of 4 Scouts representing the State of Oregon and was especially honored to represent the City of Woodburn at the Jamboree. Page 1 - Council Meeting Minutes, March 22, 1999 8A COUNCIL MEETING MINUTES MARCH 22, 1999 TAPE READING B) Proclamation: Tulip Festival Days. Mayor Jennings proclaimed March 20 through April 20, 1999 as Tulip Festival Days in Woodbum and urged local citizens to participate and support this annual event. 0195 CHAMBER OF COMMERCE REPORT. Ed Wasco, representing the Chamber Board, provided the Council with information on the following upcoming events: 1) On March 30th, a Second Technology and Business Committee meeting will begin at 4:30 pm at the Woodburn Medical Center. The guest speaker is Melody Reilly from Chemeketa Community College whose topic will be "How the Internet can Help Small Businesses"; and 2) The unveiling and dedication of the new "Welcome to Woodbum" sign will be held on Thursday, April 8th, at 4:30 p.m.. The sign will be installed at the north end of Highway 99E at the corner of Patrick Industries and, following the dedication, there will be a Business After Hours gathering at Patrick Industries. Jane Kanz, Chamber Executive Director, introduced Myrtle Bolster who designed this year's Tulip Festival T-shirt. Ms. Bolster, a Woodbum resident for approximately 2 1/2 years, presented a T-shirt to Mayor Jennings. 9273 CENTENNIAL PARK TASK FORCE REPORT. Councilor Figley stated that the Task Force is aiming for a Grand Opening around Memorial Day or the first part of June. Phase I of the Park is approximately 75% completed since a majority of what has been done relates to infrastructure. Yet to be completed includes paving, backfill, and additional re-seeding. By starting the project in the fall, the City was able to utilize about $60,000 in grants that may not have been available in the spring. Additionally, the drainage system needed adjustments which came to light after the winter rains began and modifications were made. The Task Force is now in a position to ask for public support in a tree planting program. Pending final permission from Woodburn Together to be used as source to receive the donations as a private charity, the program involves a donation of $150 which will be used towards the purchasing and planting of a tree at Centennial Park. At the next meeting, she will also be announcing the date for a work party around mid-May at which time the playground equipment will be installed and landscaping projects will begin. 0436 CONSENT AGENDA. A) Approval of Council regular and executive session minutes of March 8, 1999, B) Acceptance of the Planning Commission minutes of March 11, 1999; and C) Receipt of the Building Activity report for February 1999. Page 2 - Council Meeting Minutes, March 22, 1999 8A COUNCIL MEETING MINUTES MARCH 22, 1999 TAPE READING FIGLEY/PUGH... consent agenda be approved as presented. The motion passed unanimously. 0464 CONTINUATION OF PUBLIC HEARING - BOONES CROSSING PUD, ANNEXATION, ZONE CHANGE, CONDITIONAL USE, AND VARIANCE. Mayor Jennings continued the public hearing at 7:18 p.m.. FIGLEY/PUGH... Boones Crossing public hearing be continued until April 12, 1999. The motion passed unanimously. The hearing was continued based on the a request from the applicant. 0500 CONTINUATION OF HERITAGE PARK SUBDIVISION ANNEXATION, COMPREI4F~NSIVE PLAN MAP, AND ZONE CHANGE. Mayor Jennings continued the public hearing at 7:20 p.m. FIGLEYfPUGH... Heritage Park Subdivision public hearing be continued to April 12, 1999. The motion passed unanimously. 0515 PUBLIC HEARING - MONTEBELLO SUBDIVISION COMPREHENSIVE PLAN MAP AMF~NDMENT AND ZONE CHANGE. Mayor Jennings declared the public hearing open at 7:21 p.m.. Recorder Tennant read the land use statement as required by ORS Chapter 197. Community Development Director Goeckritz entered the following exhibits into the record: 1) Exhibit 1 -Traffic impact study for Montebello Subdivision dated July 1998; 2) Exhibit 2 - Development agreement between Pioneer Trust, City of Woodbum, Wal- mart Stores, Klaw Holdings, and Prairie Corporation; 3) Exhibit 3 - Written testimony provided by Senior Estates, Barbara Lucas, and Mrs. Brown. Director Goeckritz stated that due to the length of the report, he had split the report into three parts. Part I contains discussion on the Comprehensive Plan Map amendment and justification relating to the reconfiguration of the various properties within the 177 acre parcel. Part II addresses the subdivision which is 147 lots but, at this time, the developer is requesting to develop 75 lots. Part IH is the Final Order as developed by the Planning Commission with reference in the Final Order back to the staff report for comments by staff on the proposal. He reminded the Council that they must act on Part I before they act on the subdivision application. He stated that the property had been re. configured in 1992 to try and provide more of a buffer zone between the existing Senior Estates development and the applicant's (Capital Development) property. Additionally, conditions were imposed upon the applicant by the Commission and Council that reqUired (1) reconfiguration prior to any development, (2) applicant assist City in the Transportation System Plan, and (3) proportion of land as previously zoned be as close to Page 3 - Council Meeting Minutes, March 22, 1999 COUNCIL MEETING MINUTES MARCH 22, 1999 TAPE READING constant as possible when the property is reconfigured. The reconfiguration involved a change in the original road design. Additionally, the 100' strip adjacent to the Senior Estates properties was not addressed by the Commission since it is an issue that needs to be negotiated with the Council and property owners as to how the strip will be used in the future. In regards to the subdivision, the first phase will encompass the northeast comer of the development and the reconfigured road will have a 74' right-of-way with trees, curbs, sidewalks, and will be classed as a minor arterial. The proposed subdivision is approximately 15.5 acres. One of the conditions is a architectural brick wall for a portion of the property lines from Hayes/Evergreen south to serve as a sound barrier to existing homes on the north end of Columbia Drive. 1146 John Donaldson, Capital Development (applicant), stated that they have been working on this project since 1992 and they are closer to having an opportunity to develop the property. He stated that Capital Development is a 35-year old company based out of Lacy, Washington, and this is the largest mixed use long term project that they own. He expressed his opinion that staff had done a good job in presenting this initial effort for their company to develop the property. He stated that their focus at this meeting is to respond to questions from the Council and public on the proposal. George Wilhelm, Wilhelm Engineering representing Capital Development, stated that the redistribution of residential and commercial zones allows for a more compatible zoning configuration and it accommodates the City's Transportation Plan which was approved in 1992. The applicant is also requesting approval of a preliminary plat consisting of 75 residential single family lots with conceptual plans for infrastructure. The applicant is also required to provide funding for a sidewalk along W. Hayes Street from Evergreen Road to Cascade Drive. It is there understanding that the sidewalk will be constructed on existing right-of-way and will provide a walkway to the elementary school. Even though some of the property owners along W. Hayes Street are not in agreement with this requirement, it appears to address the question of how are kids in future subdivisions supposed to walk or bike to the elementary school. In summary, the applicant feels that the application meets all of the applicable criteria for approval, therefore, they are requesting approval of the comprehensive plan amendment, zone change, and preliminary plat for Montebello I. 1420 Todd Mobley, Lancaster Engineering representing Capital Development, stated that the Traffic Impact study was completed in July 1998. He provided an overview of the data collected and analyzed within the study. Thc area assessed looked at traffic condtions within this proposed development, surrounding developments, and in the freeway interchange area up to Oregon Way. They did not recommend any mitigations to the adjacent transportation system as a result of the proposed subdivision. Page 4 - Council Meeting Minutes, March 22, 1999 8A COUNCIL MEETING MINUTES MARCH 22, 1999 TAPE READING Councilor Pugh questioned the report's finding that no mitigation required even though Highway 214 is already experiencing traffic problems. Mr. Mobley stated that the intersections were very close to capacity and the proposed subdivision does not propose any mitigation to fix that problem since the amount of traffic generated by the subdivision is small in comparison to the traffic volumes on Highway 214. It was noted that the study assumes 75 total trips generated by the proposal during the highest peak hours of 4:30 pm to 5:30 pm. Councilor Figley requested an explanation of the comment made in the Public Works report regarding the sanitary sewer lift station. Director Tiwari stated that the pump station located in the northwest comer of the applicant's property was originally paid for through an Oregon grant and loan program. The loan money needs to be repaid to the State over a period of years and there was a costs distribution, approved by the Council and accepted by the State, that property owners would be obligated to pay at the time building permits are issued. Councilor Bjelland questioned if the applicant would be the builder on all of the lots or would the lots be sold for other builders to construct homes. Mr. Donaldson stated that Capital Development initially will build on a few of the lots but it is there practice to attract other builders to purchase lots thereby generating different housing styles. There initial research indicates that the price range for homes in this area is between $125,000 - $150,000. Councilor Bjelland requested clarification on the maintenance of the ratio of the zoning to the original plan. Director Goeckritz stated that the intent was to maintain the ratio but road configuration and other factors do not make it a perfect match. He stated that the reconfiguration does provide for more commercial zone since approximately 17 acres has been taken out for roads. Councilor Bjelland also questioned the lack of a dedicated park or tot lot within the subdivision. Park & Recreation Director Westrick stated that the system development charge of approximately $35,000 is in lieu of land for this proposal. He also reminded the Council that the City does have the 10ft right-of-way on the east side of the development. Mayor Jennings stated that the 100' right-of-way is an issue separate from this proposed development and will be brought up under "New Business" on this agenda. He reminded the public that testimony on this issue is not appropriate for this particular hearing. Director Westfick stated that this neighborhood within the draft Parks master plan would be served by the elementary school on Hayes Street. The current SDC charge per lot is $483. He also stated that the development size does not justify the building of a park which would require a minimum of 3 acres for a neighborhood park. Page 5 - Council Meeting Minutes, March 22, 1999 8A COUNCIL MEETING MINUTES MARCH 22, 1999 TAPE READING Don Bear, 375 S. Columbia, stated that he is a proponent of the project. He reiterated that this project is within the Urban Growth Boundary and the city limits, and it meets ails of the criteria for approval. The one condition remaining that needs to be finalized is the brick or cinder wall along the eastern side of the project which would maintain a separation between the greenway and residents along Columbia Drive. The Sidewalk along Hayes Street is a controversial issue but he feels that, for safety reasons, the sidewalk needs to be installed for not only children but other pedestrians who frequently walk on Hayes Street. He also questioned the price range of homes since the price range may be a determining factor on how many more children will be brought into the community. Additionally, a higher price range of homes will create a new aesthetic value to this area. In regards to traffic, there has been some small progress to Highway 214, however, no one will know for sure how long it will be for any improvements are actually made. In the mean time, he does not feel that the developer should be held hostage until improvements are made. He also reminded the Council that sometime after Phase Il is completed there will be two connections to Parr Road which will create a new north/south flow of traffic. 2343 Bill Coldwell, 170 Columbia, stated that he was representing 35 residents who own property adjacent to the 100' right-of-way and would like to make some comments to the Council on this right-of-way. Mayor Jennings stated that he would accept the papers drafted by the residents when it is discussed under New Business. He assured the residents that meetings would be held with the property owners before any decision is made regarding the right-of-way. Bruce Kaiser, attorney representing his mother-in-law who lives on Columbia near the Hayes/Evergreen St. intersection, expressed his concern regarding the alignment of the proposed right-of-way extension of Evergreen Road. He stated that his mother-in-law's home is located one block south of Hayes St. and the notice from the City shows that the proposed right-of-way is within 15 feet of the rear of her house. There are 3 or 4 homes similarly affected by this alignment and he feels that a decision on the fight-of-way needs to be made before the zoning is changed. He is concern with the potential designation of Evergreen as a minor arterial and this roadway would be within 15 feet of his mother-in- law's home. Director Goeckritz stated that the roadway would not be placed that close to the homes. There is an existing 100' fight-of-way adjacent to the east property line and the improvements would be within a 74' area. At this time, it is unknown as to how close the road improvement would be to the property line in question (137 Columbia). Mr. Kaiser stated that he is responding to the map that they received and having a 50' - 75' space would be a different matter. The lots on Columbia are 80' deep with a majority of the homes built within 18' of the property line. Page 6 - Council Meeting Minutes, March 22, 1999 8A COUNCIL MEETING MINUTES MARCH 22, 1999 TAPE 2706 Roger Mathis, 1810 Astor Way, addressed new development in general and he suggested that the City halt future annexations and residential development until the City increases SDC charges and dedicates that increase, plus interest earnings, to a second I-5 interchange. Once that action is taken, annexations and residential developments could resume within the City. In his opinion, each development adds to the traffic problems and development should cease until the City Council takes a definite action that would move toward a second interchange even though it may take years to get the interchange. 2800 Tape 2 0216 Mr. Donaldson stated that the right-of-way issue is something that they did not create and they are willing to work with staff and the Council to arrive at an amiable method to deal with that issue. It is not their intent to build a road within 15 feet from someone's back door. They are agreeable to having the Council approve their project conditioned upon a resolution to the roadway issue. He stated that they recognize the issues before the City and as they are allowed to move forward with their projects, the potential to create the second off-ramp system will be much more viable. George Wilhelm stated that the proposed roadway moves away from lots on Columbia as quickly as possible and the Transportation Plan allows for a 74' right-of-way rather than the existing 100' right-of-way. Director Tiwari stated that the first two lots will be backing up against the existing 100' right-of-way and the proposed roadway improvement will include 48 feet of paved surface. Actual distance of the roadway from the rear of the house will be dependent upon placement of the paved roadway as it aligns to the existing Evergreen Road. Further discussion was held regarding the location of the roadway in relation to the distance to existing homes. Director Goeckritz stated that the notices to property owners are not engineering maps which ultimately show actual placement of improvements. Brief discussion was also held regarding the designation of Evergreen Road as a minor arterial. Director Goeckritz stated that the Transportation Plan designates Frontage Road as a future major arterial and the extension of Evergreen Rd as a minor arterial. Councilor Sifuentez mentioned to the audience that the Council is studying the impact developments have on the school system. Mayor Jennings closed the hearing at 8:34 p.m.. Councilor Pugh stated that he is concerned with the transportation issue in the I-5 interchange area. By approving the proposed subdivision, it will add to our existing problems, however, working together with Capital Development on future phases of their development will provide a Frontage Road to Parr Road and hopefully a second interchange. Councilor Figley stated that the applicant would still be able to develop the subdivision even if the Council decided not to approve the Comprehensive and Zone map designations since single family residential is allowed in a commercial district. She shares the concerns of the Council and public on the traffic congestion on Highway 214. Page 7 - Council Meeting Minutes, March 22, 1999 8A COUNCIL MEETING MINUTES MARCH 22, 1999 TAPE READING 0673 In reviewing the application and the Planning Commission's conditions, she is willing to approve the application with the following changes: 1) condition of approval that applicant meet with staff and neighbors on Columbia in an attempt to resolve issues relating to noise, right-of-way, security, and privacy; 2) delete item 14 '..City Council make an effort to get the property (100' right-of-way) on the tax rolls; and 3) condition 10 be removed since it is the same as condition 13. Councilor Kilmurray stated that she likes the reconfiguration of the zones, however, she is concerned about the traffic impact. Councilor Bjelland expressed his opinion that this development will create more traffic problems on Highway 214 and the only solution is to put a road through to Parr Road thereby providing another north/south traffic flow pattern. He is also concerned about the reconfigured percentages which shifted about 20% of the single family zone to multi- family and commercial zones. Another area of concern relates to parks since this proposal would require the children to walk to the school in order to have a playground area and the school is not truly a designated park. Councilor Sifuentez expressed her opinion that, overall, it is a good proposal. However, she does have concerns on the lack of a playground for the children. If the elementary school is used as a playground site, the safety of the children is very important since they will have to walk or ride bikes to the school to use the playground area. Councilor Chadwick stated that her concerns were traffic, schools, and lack of a designated playground within the development. Mayor Jennings complimented the developer in trying to provide a more compatible zoning configuration. The residential buildout is giving the City problems on traffic and within the schools. He suggested that Phase II of this overall development look at designating some land for park purposes. He is also concerned about the location of the roadway from the first few lots along Columbia but feels that it can be worked out with all affected parties. Councilor Pugh expressed his opinion that the City needs to have their park system well- planned in proper locations and not necessarily within each development. Brief discussion was held regarding the ability of a Homeowners Association to take on responsibility for the upkeep and maintenance of a tot lot within their development. FIGLEY/PUGH... Council approve the Planning Commission's recommendation with the following modifications to the conditions of approval: #1) Item 13 be deleted because it duplicates item 10; #2) Number 14 be deleted as not germane to the discussion; #3) that the developer be required to meet with staff and with Columbia neighbors in order to resolve privacy, security, and sound abatement issues having to do with the double frontage on Evergreen as previously dedicated; and staff prepare an ordinance to substantiate our decision. Page 8 - Council Meeting Minutes, March 22, 1999 8A COUNCIL MEETING MINUTES MARCH 22, 1999 TAPE READING Councilor Bjelland stated that the staff report included CC&R information which is an issue that has been before the Council in the past. FIGLEY/BJELLAND.. amend the motion that the conditions of approval be recorded with Marion County. Discussion was held regarding the recording of the CC&R's as a condition of approval. Mayor Jennings reminded the Council that conditions of approval can be enforced by the City whereas CC& R's can only be enforced by the Homeowners Association. Councilor Bjelland reiterated his statement that he feels that the CC&R's should be recorded as a condition along with the recording of the subdivision plat. Further discussion was held on the recording of the CC&R's and the conditions of approval. City Attorney Shields summarized the concerns expressed by the Councilors and suggested that the staff bring back the parameters on recording (1) CC&R's and (2) planning conditions, with the understanding that the Council would like to have it done starting with this land use case. Mayor Jennings called for a vote on the amendment to have the conditions of approval recorded at Marion County. The amendment passed unanimously. On roll call vote of the main motion, as amended, the vote was unanimous. Councilor Bjelland briefly reviewed problems experienced in the past by the City and homeowners when developers initially propose CC&R's as part of their development proposal when in reality they never record the CC&R's. Homeowners in these developments purchase property expecting certain conditions or events to happen but failure to record the CC&R's often times results in the anticipated conditions or events never happening. By submitting CC&R's as a condition of obtaining approval for a subdivision, the City goes on record requiring that those CC&R's be recorded at the same point in time that the subdivision plat is recorded. BJELLAND/PUGH... Council adopt as a policy that the CC&R's be submitted as a condition of approval for a subdivision and they be recorded at the same time that the subdivision plat is recorded. Following Council discussion on this motion, Administrator Brown requested that staff be given an opportunity to research this issue and report back to the Council at the next regular meeting. 1221 COUNCIL BILL 1953 - ORDINANCE APPROVING THE VACATION OF A Page 9 PORTION OF ARN]ZY ROAD. Councilor Chadwick introduced Council Bill 1953. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1953 duly passed with the emergency clause. - Council Meeting Minutes, March 22, 1999 8A COUNCIL MEETING MINUTES MARCH 22, 1999 TAPE READING 1253 COUNCIL BILL 1954 - RESOLUTION ENTERING INTO AN AGREEMENT WITH UNION PACIFIC RAILROAD FOR INSTALLATION OF FIBER OPTIC .1332 CABLE AT MILEPOST 735.000. Council Bill 1954 was introduced by Councilor Chadwick. The bill was read by title only since there were no objections from the Council. Mayor Jennings questioned as to why the City is required to pay for each one of these agreements rather than paying only one fee. Public Works Manager Rohman stated that the City must pay the same license fee for each crossing point. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 1954 duly passed. COUNCIL BILL 1955 - RFAqOLUTION ENTERING INTO AN AGREEMENT WITH UNION PACIFIC RAILROAD FOR INSTALLATION OF A FIBER 1370 OPTIC CABLE AT MILEPOST 735.070. Council Bill 1955 was introduced by Councilor Chadwick. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the Council Bill 1955 passed unanimously. Mayor Jennings declared the bill duly passed. CONTRACT AWARD: PLANTING OF THE WASTEWATER POPLAR TREE 1382 PLANTATION. Bids were received from the following contractors for the planting of 60,000 hybrid poplar cuttings: Oregon Woods, Inc., $29,000; and Bryant Construction Inc., $60,500. It was noted that the engineer's estimate for this contract was $30,000. FIGLEY/KILMURRAY .... Oregon Woods, Inc. be awarded the contract in the amount of $29,000 for the planting of the poplar trees. The motion passed unanimously. PROPERTY DEDICATION FOR A FUTURE PUMP STATION SITE. Staff recommended acceptance of property being conveyed by Hidden Creek Properties LLC (Heritage Park Subdivision) for the purpose of providing a future site for a wastewater pump station. The pump station is identified as part of the City's Capital Improvement Plan and the new pump station would eliminate the existing Vanderbeck Road lift station and the lift station serving the Woodburn Senior Estates Mobile Home Park. BJELLAND/KILMURRAY .... accept the conveyance of property (warranty deed) as described on Attachment "C" of the documents in the agenda packet. The motion passed unanimously. Page 10 - Council Meeting Minutes, March 22, 1999 8A COUNCIL MEETING MINUTES MARCH 22, 1999 TAPE READING 1407 1490 Bill Coldwell, 179 Columbia, stated that Mr. Donaldson and the residents on the west side of Columbia have been working together on the right-of-way issue. He distributed information to the Council which included a map of the area and a survey certificate. Mayor Jennings stated that the City has looked into this issue and even if the Council would vacate the property it would still remain with the City since there is no reversion clause in any of the documents the City has found. He reiterated that the City would like to work with the property owners on this issue. Councilor Figley reiterated that staff, Columbia Drive neighbors, and Capital Development meet to discuss the issue of the 100 feet as previously outlined in the conditions of approval. 1540 SITE PLAN REVIEW 009-02: LA MORENITA TORTILLERIA, INC. (Second and Grant Streets) No action was taken on this site plan. 1555 MAYOR AND COUNCIL REPORTS. Councilor Kilmurray reported that the Woodbum Fire District is starting a new CERT team training program (Certified Emergency Response Team) beginning April 8a~. This is a 6-week program in which classes are held every Thursday night for 3 hours. The purpose of the program to help educate and train lay people within our community in natural disaster cases. In the event of an emergency, CERT team members would assist residents within their neighborhood. This is the 4tu CERT class that has been offered by the Fire Department. She stated that she had been a member of the 2"d class offered and found it to be very interesting. 1615 On behalf of Councilor Sifuentez, Park Director Westrick reported that the School District had accepted a report from the Community Schools Facilities Committee. He stated that the Montebello subdivision is factored into their needs assessment for future school needs. An interesting statistic included in the report is that the grade school population is growing by 7% annually which affects not only the school district but also the Parks and Recreation program. By the year 2003, there will be enough students in Woodburn to fill a new school the size of Heritage. Councilor Sifuentez informed the public that the Great Oregon Spring Beach Clean-up will be March 27, 1999, 10:00 am to 1:00 pm, at the Oregon Coast. She has an informational flyer available for anyone who is interested in participating in this annual event. Councilor Sifuentez also stated that Richard Steen, Steen's Jewelry, continues to express his concern regarding the amount of garbage along the railroad in the downtown area. Page 11 - Council Meeting Minutes, March 22, 1999 8A COUNCIL MEETING MINUTES MARCH 22, 1999 TAPE .READING Councilor Chadwick requested that signs be placed at all entrances of Senior Estates Park listing the park rules. Mayor Jennings requested that staff look into the possibility of a night court for high school age students to provide them an opportunity to participate in activities in the evening hours. Councilor Sifuentez briefly spoke on a rehabilitation program in place that gives some youths in a correctional facility a second chance to be productive in future years. 1881 ADJOURNMENT. FIGLEY/SIFUENTEZ... meeting be adjourned. The meeting adjourned at 9:27 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 12 - Council Meeting Minutes, March 22, 1999 WOODBURN PLANNING COMMISSION March 11, 1999 CONVENED The Planning Commission met in regular session at 7:00 p.m. with Chairperson Young presiding. ROLL CALL Chairperson Young P Vice Chairperson Cox P Commissioner Will A Commissioner Lawson P Commissioner Frawley P Commissioner Gerbracht P Commissioner Gunderson P Commissioner Lima P Commissioner Mill P Staff Present: Steve Goeckritz, Community Development Director Nancy DeVault, Secretary 8B Staff. reported that Commissioner Will has a bad neck tonight and therefore will not be attending the meeting. MINUTES Commissioner Mill moved to Frawley seconded the motion. approve the February 25, 1999 minutes. Motion carried. Commissioner BUSINESS FROM THE AUDIENCE None COMMUNICATIONS A. Letter of Resignation I Doeke Gerbracht and Laten Frawley S-~aff reported that Commissioners Gerbracht and Frawley have resigned the Commission. Staff explained that Commissioner Gerbracht has other aspirations and interests he would like to pursue and that Commissioner Frawley will be relocating to the Portland Metro area. Staff also remarked that it was a pleasure having served under them and wished them well. PUBLIC HEARING A._=. Zone Map Chanqe 98-06 from RS Single Family Residential to CR Commercial Retail; Applicant, John Konovalov. Chairperson Youn.q opened the public hearing. Staff read the applicable ORS statement and provided the presentation as reflected in the Staff Report. Approval was recommended by Staff. Que~stions Planning Commission Meeting - March I1, 1999 Pag'e 1 of 8 Commissioner Cox questioned whether zone changes are subject to the 120-day rule? Staff replied that they are subject to the 120-day rule. Ex Parte Contacts None Testimony by Applicant John Konovalov, 1340 N. Pacific Hwy., Woodburn, OR indicated that there is an interested buyer for his property. Commissioner Mill asked whether the buyer has indicated what type of use he would have for the property? John Konovalov responded that it would be an urgent medical care facility. Commissioner Gunderson inquired whether the buyer would have to make a deal to have Al's Fruit & Shrub greenhouses removed or lease the land? John Konovalov explained that his agreement with Al's is that if the property is sold Al's would have no problem with removing the greenhouses. Testimony by Proponents None Testimony by Opponents None Hearing Closed Chairperson Young closed the public hearing. Discussion Commissioner Mill referred to page 5, item #3 of the Staff Report and recommended that it read man appropriate solid wall abutting the residential use for secudty and noise attenuation. ' Commissioner Lawson commented that since one of the main arguments for the zone change is to make use of property that might otherwise be isolated, he wondered if it would be advisable to include as one of the conditions that a site plan proposal shall utilize all of this property or allow for it's full utilization. Commissioner Cox remarked that the Staff Report should have shown where the zone line is located. He went on to asked where it was on the adjoining properties? Staff replied that the zone line on Chu's goes all the way to the rear property line and 300- 500 ft. on the Al's Fruit & Shrubs property. Commissioner Cox requested that Staff provide a detailed map in the future or that the 8B Planning Commission Meeting - March II, 1999 Pag'e 2 of 8 burden of providing such be placed on the applicant. He mentioned that the problem with making conditional zone changes is that they are very difficult to follow and monitor in the future. Commissioner Cox felt that the application should be denied at this time because of the increase in traffic problems and the timing of growth. Commissioner Lawson commented that if we are going to discontinue zone changes it should be done with a stated policy that is known by everyone in advance and can be uniformly enforced. Commissioner Gunderson interjected to say that he felt that 99E is the best road found in Woodburn and it handles most all of the traffic at any given time frame. Commissioner Mill concurred with Commissioner Cox as far as the roadways not being complete and added that ODOT should be pressured to better understand and appreciate our traffic situation. He added that he did not want to penalize the applicant for an ODOT oversight. Commissioner Frawley added that he felt it was wrong and unfair to blind side the applicant and agreed with Commissioner Lawson's idea of setting a policy to forewarn applicants. Chairperson Young stated that all the Commissioner's agreed with the traffic issue. He pointed out that all the conditions are addressed in site plan review and that the property could be developed as it is with no need of a zone change. Staff mentioned that asterisks are placed on properties where special and unique conditions are placed on the property. Commissioner Cox remarked that his suggestions perhaps may have an element of unfairness but he felt that it is not unfair in the overall broad picture. He added that we have to take some hard action to make things happen other than just passing resolutions to ODOT. On the other hand, if it were to pass, he felt that Commissioner Lawson's suggestion regarding the addition of the condition that the property be developed in a manner that the whole property is developed and utilize the back portion as well should be included. Commissioner Frawley suggested that a policy regarding zone change be developed-as is presently being done with annexation goals and policies. Staff explained that this would be an exercise that would have to take place in front of the Commission giving Staff direction and Staff will work on it. Commissioner Gunderson moved to approve Zone Map Change 98-06 with the conditions as so noted to include the condition of total utilization of the property if approved and subject to the findings of Staff. Commissioner Lima seconded the motion. Motion carried with Commissioner Cox voting No. 8B Chairperson Young changed the order of the agenda to bring item ~ Reports to follow Planning Commission Meeting- March 11, 1999 Pag'e 3 of 8 the public headng. REPORTS A_.~. Minor Partition 99-02 Applicant, Chemeketa Community College and Union Pacific Railroad. Staff provided presentation as reflected in the Staff Report and recommended for approval. Commissioner Gunderson asked whether the Railroad felt that they have enough clearance? Staff referred the question to the applicant. Maryann Hiqhland, Director of Public Safety/Risk Management & Contracts, Chemeketa Community College reported that the sale has been already negotiated with the railroad and have agreed to sell it to Chemeketa. She commented that she assumes that if the clearance had been a problem that it would have been raised right away. Chairperson Younq inquired whether the clearance was the entire strip? Maryann Highland responded that it was the entire strip which is approximately 1.75 acres. Commissioner Gunderson asked what will be done with Wither's Lumber and what future expansion of the property be? Maryann Highland responded that Wither's lease will expire soon at which point they will enter into an agreement with them to extend for a period of time. Additionally, there is a possibility of land swap in exchange but she added that any future land change would come forward to the Commission. Currently, there is no plan to develop the property. Commissioner Gunderson also questioned whether the building inside the lumber yard fence would effect expansion? Jerry Becelos, Director of Facilities, Chemeketa Community College reported that they are interested in a trade which would give them the more northern part of Wither's Lumber and in turn would end with makeup land that they are currently buying from the railroad which gives them the potential to ask for a vacation of Oswald. Commissioner Cox moved to concur on Staff's actions that public hearing not be requested in this matter. Commissioner Frawley seconded the motion which unanimously carried. Site Plan Review 99-02 Applicant, La Morenita Tortilleria, Inc., Gilberto & Megal Diaz. Staff provided presentation as reflected in the Staff Report. Commissioner Cox inquired whether the Woodburn Downtown Association had stated their position regarding the application? He also asked if the applicant agreed to the Planning Commission Meeting - March 11, 1999 Page 4 of 8 8B conditions? Staff stated that he met with the Downtown Association and that they approved the application with Staff's recommendations. He reported that the applicant has not yet agreed to the changes. Commissioner Mill expressed his concerns regarding vandalism to the proposed glass windows. Staff said that the WDA are adamantly opposed to bars on windows because they do not want to give the impression that bad things happen here. Staff suggested to possibly utilize lighting techniques. Commissioner Mill also suggested the use of Lexan material. Commissioner Gunderson stated the use of glass block as an alternative to glass windows. Commissioner Cox voiced his concerns regarding the DDCD ordinance. He added that he did not believe that 50% windows applies to remodeling and not to new construction. Staff will incorporate the recommendation of the use of glass blocks into the conditions. Commissioner Gunderson moved to approve Staff's decision regarding Site Plan Review 99-02 with the condition to allow glass block recommendation or other suitable security measures. Commissioner Cox seconded the motion, which unanimously carried. C.~. Building Activity for February 1999. DISCUSSION ITEMS A__~. Discussion paper regarding Growth Goals & Annexations Goals, Policies, Standards and Criteria. Staff explained that the shaded areas indicate Commission's comments added since the last discussion and areas shown in brackets are items that have been deleted. Staff reported that a public hearing will be scheduled for the first part of April. Commissioner Mill referred to page 1, 4th bullet down and suggested that the wording be changed to aassign a higher priority to petitions for areas that comply with listed criteria and lower pdority those that do not comply with listed criteria." Commissioner Cox pointed to page 1, 2nd bullet and did not understand why the word 'guarantee" was included and inquired what concept was trying to be conveyed? Staff said perhaps the point was whether or not the word aguarantee" should be included. Commissioner Cox also referred to Residential/Community Service item, page 1, 4th astedsk down and commented that according to the Staff Report there is already a 16 year 8B Planning Commission Meeting - March 11, 1999 Page 5 of 8 inventory of residential land in the City which in turn means that there will be no residential annexations for 13 years. Staff qualified that the number given has not been tightened down because the Buildable Lands Inventory is still being worked on but he did concur with Commissioner Cox. Chairperson Young also referred to page 3, item 1.2 Policy and page 7, item D and asked if the land that is already in the City will be counted as buildable land? Staff clarified that he was referring to annexations on this item. Chairperson Young pointed to page 7, item D and inquired whether a parcel section larger than what is needed in the buildable lands inventory could be phased in? Staff replied that this could be the case. He added that unless it could be justified for some other reason that it may be a phase development. Chairperson Young remarked that it is important to clarify this with the current situation with Mr. Donaldson. Tape recorder malfunction occurred at this point. Commissioner Cox requested clarification from Staff regarding item on page 3, 3'd asterisk down. Staff said this was a run off sentence and that Staff would make the appropriate corrections. Commissioner Cox also referred to page 4, item 4.1 and stated that he does not see how this will work in practice. He added that we should define and locate the priority areas ahead of time rather than waiting for an applicant to state that they want to be a priority growth area. Staff stated that in this situation the annexation and growth policies in some respects are like having the cart before the horse. He also said that we really should be putting in place a buildable lands inventory and identifying what areas would potentially may or may not want to incorporate within an urban growth boundary. He commented that some of the language contained in item 4.1 might be ahead of it's time. Commissioner Cox remarked that we can accomplish what is needed without the words 'Priority Growth Areas". He added that we should keep it as simple as possible and still accomplish the things that need to be done. Commissioner Mill suggested that "holes" be replaced with "unincorporated areas" on the 2"~ asterisk of page 1. 8B Chairperson Young referred to page 3, item 2.2 Policy: Mandatory Pre-Application Meeting, Planning Commission Meeting- March Il, 1999 Page 6 of 8 1't asterisk and suggested it read "..,shall participate in a mandatory pre-application meeting with City Staff." Commissioner Cox recommended that sub-paragraph b in Section 3.2 Policy: Minimizing Enclaves be deleted because once they become an enclave the City can bring them in without their consent. Commissioner Lawson interjected to say that there is a matter of timing because if it isn't yet an enclave then you don't have the automatic annexation authority. Commissioner Cox also suggested that the first sentence on page 5 be deleted because it is too bureaucratic. On page 6, item 2.4, last line of the paragraph, he pointed out that it should be "rational" and not "rationale". Additionally, he referred to page 7, item E, and commented that the lots are to small and whether the City is prepared to do this? Staff replied that the objective is to increase the density so that we do not have to utilize farm land. He added that they have tried to encourage PUB's in the annexation process. Commissioner Lawson asked whether it changes the stipulation that they can only build on 37 ~% of the land value and that it does not change the fact that they have set-backs? Staff said that it did not but that the amount of lot coverage could very well change. Staff suggested that an average lot size be determined for a subdivision or to have the sq. ft. standards raised. Commissioner Mill commented that Woodburn is becoming a commuter city and that the Commission needs to think in terms of what is the largest possible lot size that we can offer. He added that we need to market to what people want when they come to Woodburn. Commissioner Mill also suggested that we stay with the standard lot size. Staff reported that presently the standard lot size is 6,000 sq.ft. Chairperson Young commented on page 8, item G and said that it's a good stipulation and should remain. Commissioner Mill asked whether the City has discussed with the Chamber of Commerce and the Downtown Association the possibility of recruiting the types of businesses that we want into Woodburn? Staff responded that they have not gone into this area. Chairperson Young informed the Commission that the Business Development Committee has done this but that the last year they have focused on trying to come to grips with the transportation issue. Commissioner Gerbracht pointed to page 9, item 5.3 and inquired about buildable land for Commercial use. 8B Planning Commission Meeting - March II, 1999 Page 7 of 8 Staff stated that the Mayor and the City Council are less restrictive towards annexations that have do with industrial or commercial developments than they are towards residential developments. Chairperson Young stated that he felt more comfortable with the growth goals than he did with the annexation criteria. Staff informed the Commission that he will modify the text and provide revised copies to them. He reported that a hearing will be held on this issue the first week of April. Staff also mentioned that there will be no Planning Commission Meeting held on March 25th but that he will provide them with a memo to confirm this no later than Monday, March 15th. Commissioner Lima questioned Staff whether he could contact him if he finds any other changes? Staff responded yes. BUSINESS FROM THE COMMISSION Commissioner Frawley thanked the Commission for bearing with him and stated that it has been a very expanding experience for him. Gerbracht also thanked the Commission for having had the opportunity to serve with them and for the experience. The Commissioner's all wished the departing Commissioner's the best and thanked them for having served on the Commission. ADJOURNMENT Commissioner Frawle¥ moved to adjourn the meeting. Commissioner Gerbracht seconded the motion and carried. Meeting adjourned at 9:15pm. 8B Planning Commission Meeting - March II, 1999 Page 8 of 8 8(2 Recreation and Parks Board Meeting Regular Meeting March 10, 1999 Woodbum City Hall Council Chambers CALL TO ORDER The meeting was called to order at 7:00pm by Chairman Pro Tem Lee Ehrens. ROLL CALL: Members Present: Lee Ehrens, Dorothy Senatra, Darryl Kelley and Debbie Wolfer Staff Present: Randy Westdck, Director; Park Secretary Shirley Pitt and Parks Maintenance Superintendent, John Pitt. Kathryn Figley, City Council Liaison. MINUTES The November 10, 1998 Park Board Minutes were submitted for approval. Motion: D. KELLEY: Approve the Recreation and presented. November 10, 1998 Parks Board Minutes as D. WOLFER: Seconded the Motion Motion passed unanimously. DIVISION REPORTS Due to other commitments both Bdan Sjothun, Recreation Coordinator and Pool Manager Kathy Willcox were unable to be at the meeting and so submitted reports in writing. (Attached) John Pitt reported that the Maintenance Division was busy cleaning up after storms and continuing with winter maintenance. He reported that the Custodial Division was going to be incorporated into the Parks Maintenance this coming year and he was hoping it would make it a little easier to manage. He did however, remind the Board that the City was continuing to add new sites, such as the new Police Annex, Bank Building, and Settlemier Drop-In, as well as adding a seven day work week to the Library and Pool. This will take additional manpower in Custodial Division. John said he had requested additional manpower in this section but was unsure as to the status of that request. The rain is preventing much action a Centennial Park as well as keeping the mowing at a standstill. DIRECTOR'S REPORT (a) Ballot Measure 66 Legislation Director reported that he had to opportunity to speak to the Joint Ways and Means Subcommittee on Transportation and Economic Development. The directions set for the State Parks and Recreation Department this legislative session are critical to the future of recreation facilities and programs atthe local level as well as the State of Oregon. He told the Board he had urged the Subcommittee to give positive consideration to the Oregon Parks Association's proposal to include with the State Park and Recreation Department's 8(; $6 million per biennium to fund a local grant in aid program. The OPA's proposal will direct resources to critical park projects throughout the State without reducing the State Park and Recreation Department's mission to provide quality recreation facilities. The Director will keep the Board informed on this issue. (b) 1999-2000 Budget The Director presented the Board with the Budget Calendar for preparation and presentation of the 1999-2000 Budget. He told the Board that this year the budget will be presented to the Budget Committee in three steps. The first step will analyze the baseline budget, department mission and goals. The baseline budget will reflect current service levels. Next, the budget process will set forth additional funding requests. This includes new positions, position upgrades and capital outlay requests. New programs will be included in this discussion. Finally, the budget will consider the City's Capital Improvement Projects and Programs. The Director asked for the Board's support on this years budget and told them they were more than welcome to come to these meetings and offer their input. Community Center Planning Process Director related that the Recreation and Parks Department work plan included the development of a master plan for a new community center. As a starting point the staff recommends engaging a qualified consultant to guide a site selection process. The consultant would work with the Board and staff to develop a program for the facility and potential sites for construction of the projects. After these tasks are complete, a community engagement process would begin to determine the best location for the facility. The 1999-00 budget will include funds to complete a master plan and construction drawings for the project. Discussion: Lee Ehrens expressed concern over beginning a new project such as a new community center prior to completing the projects already in progress and upgrading some of the park property the Parks Department already has. He said that he would like to see Centennial Park completed before beginning any new projects. He also said that our current parks and facilities needed to be upgraded. He felt that the Board had requested this and so far no .action had been taken. Legion Park will no longer be used by the school for football and it would be advantageous to the Department to look at building a soccer facility at Legion. He said he had become increasingly disenchanted with the role of the Park Board and follow up of their concerns. Darryl Kelley and Debbie Wolfer, along with Dorothy Senatra also expressed the same concerns. Lee asked for the Director's support on the Park Board's concerns over this lack of follow-up and the completion of Centennial before anything is begun with a new community center. Randy told the Board that many of the Board's concerns had been taken care of and that the lack of funds was a factor in not completing others. He said he would however, attempt to keep the Board more updated when work and projects are done so they would be more aware of what was being done. He also told the Board that he had been in contact with the Mayor over appointing to fill the two vacancies on the Park Board. Lee Ehrens asked when Board elections were going to be held as there was no current Chairman or Vice-Chairman. Randy told the Board that elections should be held when the new appointees were in place. Debbie Wolfer suggested they be held now prior to new' members taking office so they could be better informed by the current members as to what serving on the Board was all about. The 8C entire Board agreed. MOTION: D. KELLEY: Lee Ehrens be appointed as 199912000 Chairman of the Parks Board. D. WOLFER: Seconded the Motion. Question: Lee Ehrens said he would agree to serve as chairman only if staff would agree to work collectively with the Board in seeing to it that a priority, would be made as to working to see that the inner parks would be brought up to date. He also stressed the necessity of less talk and more action. He said that for the last several years they had met and discussed what needed to be done but that very little action had been taken. His goal would be to see that a new positive approach be taken toward upgrading the parks we currently had. Motion passed unanimously. MOTION: D. KELLEY: Debbie Woifer be elected as Vice-Chairman of the Parks Board for the year 199912000. D. S ENATF~.: Seconded the Motion. Question: Debbie Wolfer agreed to serve with the same conditions that Lee Ehrens had placed on the Board and Staff Motion passed unanimously. Lee Ehrens thanked Kathy Figley for attending the Park Board Meeting and said he looked forward to working with her. Kathy told the Board that she had been appointed to serve as !iaison between the Board and Council as she had served on the Park Board and it was of interest to her. She said she would bring to the Board ideas and comments from the Council as well as relay to them the Board's concerns. Dorothy Senatra requested to be notified when work was going to be done in Senior Estates Park as people from the Estates are always asking her what was being done and when it was going to be done. Adjournment The meeting adjourned at 9:30pm .Next Meeting: Tuesday. April 13. 1999. City of Woodburn Police Department STAFF REPORT 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-234:, Date: From: To: March 19, 1999 right, Chief of Police Mayor and Council John Brown, City Administrator Subject: Police Department Activities February 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. 8D I ii , I 8D~ Community Development 8E MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 Date April 1 199{J From Nobe~ll Mendetnhall Bu~td~rm~ Ofl~c~a~ Subject Building Activity for March 1999 New Residence Value Multi Family Residential Adds & Alts Industrial Commercial Value Signs, Fences Driveways Manufactured Homes TOTALS March 1997 No. 2 ~ 0 July I - June 30 Fiscal Year To Date March 1998 Dollar Dollar Amount I No. [ Amount $10 600 /' $10,121 1 $304,500 2 $138,000 $807,836 41 $1,421,566 18 $26,770,348 i $40,927,494 March 1999 Dollar No. Amount $1,438,958 $0 $10,000 $0 $0 $8,000 $69,000 $1,525,958 $24,820,396 RLM nd ~ Bldg\aciivity March 99 A/P CHECK LISTING FOR THE MONTH OF MARCH 1999 SF CHECK NO. 45071 45072 45073 45074 45075 45076 45077 45078 45079 45080 45081 45082 45083 45084 45085 45086 45087 45088 45089 45090 45091 45092 45093 45094 45095 45096 45097 45098 45099 45100 45101 45102 45103 45104 45105 45106 45107 45108 45109 45110 45111 45112 45113 45114 45115 45116 45117 45118 45119 DEPARTMENT VENDOR NAME PETTY CASH-VARIOUS CITY OF WOODBURN POST METER-VARIOUS US POSTAL SERVICE DUES-POLICE FRENCH PRAIRIE KIWANIS SERVICES-WTR VOID VOID VOID SERVICES-POLICE SERVICES-POLICE SERVICES-PARKS SERVICES-VARIOUS SERVICES-VARIOUS SERVICES-PARKS SUPPLIES-VARIOUS REIMBURSE-PLAN SERVICES-HOUSING SERVICES-POLICE SERVICES-PARKS SUPPLIES-POLICE SUPPLIES-WTR SERVICES-PUB WKS SUPPLIES-PARKS SERVICES-HOUSING SUPPLIES-PARKS SUPPLIES-HOUSING SUPPLIES-POLICE SUPPLIES-LIBRARY SERVICES-CITY HALL VAN-PARKS SUPPLIES-STREET SUPPLIES-STREET SUPPLIES-ST/WWTP SERVICES-VARIOUS SERVICES-PLAN SERVICES-FINANCE SUPPLIES-PARKS SUPPLIES-POLICE SERVICES-COURT SUPPLIES-PUB WKS SERVICES-HOUSING SUPPLIES-STREET REIMBURSE-ENG SERVICES-HOUSING SUPPLIES-PARKS SERVICES-VARIOUS TEMP EMP-ENG SERVICES-DAR SERVICES-STREET SUPPLIES-PARKS VALLEY MAILING VOID VOID VOID EAGLE CREST RESORT OR ASSOC OF CHIEFS A & A PEST CONTROL ARAMARK UNIFORM AT &T BENEFICIAL NTL BANK BIMART CORP JO ANN BJELLAND BRUCE BLOMENKAMP CASE AUTOMOTIVE CLACKAMAS LOCK COMM BUSINESS FURN DAVIS INDUSTRIAL PROD DE HAAS & ASSOC EMERALD POOL ENGELMAN ELEC FARM PLAN FLOMER FURN GALL'S INC GW HARDWARE CJ HANSEN CO HERSHBERGER MTRS HOME DEPOT INDUSTRIAL SUPPLY INDUSTRIAL WELDING IKON OFFICE JOBS AVAILABLE KELLY SERVICES ADOLPH KIEFER LIGHTNING POWDER MSI GROUP MARION COUNTY CLERK MERIDIAN PLUMBING MICROWAREHOUSE DEAN MORRISON NAGL FLOOR NORTH COAST ELEC NW NATURAL GAS ONSITE ENVIRON PAGENET OF OR PAULS SMALL MTR PEPSi COLA VENDOR DATE AMOUNT NO 015255 3/1/99 $147.68 020089 3/1/99 $1,200.00 010054 3/3/99 $63.12 021 044 3~4/99 $550.40 $o.oo $o.oo NONE 3~5~99 $425.72 NONE 3/5/99 $110.00 000011 3~5/99 $150.00 000534 3/5/99 $228.21 000623 3~5~99 $31.65 001199 3/5~99 $40.00 001275 3/5/99 $48.15 001285 3/5/99 $29.47 001307 3~5~99 $187.50 002190 3~5/99 $1,488.40 002558 3/5/99 $118.00 002710 3/5/99 $193.60 003077 3~5~99 $108.33 003108 3~5~99 $745.15 004150 3~5/99 $34.85 004190 315/99 $62.64 005082 3/5/99 $52.69 005180 3~5~99 $478.00 006011 3/5/99 $51.97 006405 3/5~99 $3t 1.94 007055 3/5/99 $410.00 007150 3/5/99 $19,500.00 007280 3/5/99 $442.08 008090 3/5/99 $259.30 008100 3~5~99 $55.49 008119 3/5/99 $991.64 009105 3~5~99 $156.40 010052 315199 $672.00 010086 3/5/99 $1,461.93 011230 3~5~99 $71.85 012015 3/5/99 $125.00 012087 315/99 $38.50 012429 3/5/99 $24.00 012459 3/5/99 $524.70 012610 3~5~99 $63.31 013004 3~5~99 $1,391.75 013215 315/99 $163.60 013350 315199 $3,472.47 014055 315199 $1,332.63 015101 315/99 $18.61 015175 3/5/99 $55.95 015225 315/99 $161.85 Page I A/P CHECK LISTING FOR THE MONTH OF MARCH 1999 45120 45121 45122 45123 45124 45125 45126 45127 45128 45129 45130 45131 45132 45133 45134 45135 45136 45137 45138 45139 45140 45141 45142 45143 45144 45145 45146 45147 45148 45149 45150 45151 45152 45153 45154 45155 45156 45157 451 56 45159 45160 45161 45162 45163 45164 45165 45166 45167 45168 45169 45170 SERVICES-VARIOUS SUPPLIES-WWTP SUPPLIES-PARKS SERVICES-WTR SERVICES-PARKS SERVICES-BUILD SUPPLIES-C GARAGE REIMBURSE-COURT SUPPLIES-VARIOUS SUPPLIES-VARIOUS SERVICES-VARIOUS SERVICES-VARIOUS SUPPLIES-PARKS SUPPLIES-LIB SUPPLIES-ATFY SUPPLIES-FIN SUPPLIES-VARIOUS SERVlCES-ADMIN SERVlCES-ADMIN SUPPLIES-POLICE SUPPLIES-POLICE SERVICES-STREET SUPPLIES-PLAN SERVlCES-WTR PETTY CASH-VARIOUS VOID VOID VOID REFUND-BUS LIC SERVlCES-TRANS REIMBURSE-COUNCIL REIMBURSE-COUNCIL REFUND-PARKS REFUND-PARKS REFUND-PARKS REFUND-PARKS REFUND-PARKS REFUND-PARKS REFUND-WTFUSVVR REFUND-WTR/SWR REFUND-WTR/SWR REFUND-WTFUSWR REFUND-WTR/SWR REFUND-WTR/SWR REFUNI~WTRJSWR REFUND-WTR/SVVR REFUND~VVTR/SWR REFUND-WTR/SWR REIMBURSE-LIB SERVICES-POLICE SERVICES-POLICE PORT GEN ELEC PRAXAIR DIST PROMOTIONS WEST JACK RAWLINGS REFCO-USA RLM CONSULTING SIX STATES DIST MARY TENNANT US OFFICE PROD UNOCAL ERNIE GRAHAM UNITED DISPOSAL US WEST COMM WALLACE VIDEO WALMART STORES WEST GROUP WINDOWS MAGAZINE WITHERS LUMBER WBN CHAMBER OF COMM WBN DOWNTOWN ASSOC WBN HEALTH CARE YES GRAPHICS PNPCA CONT EDUC MARION COUNTY ASSESS VALLEY MAILING CITY OF WOODBURN VOID VOID VOID K MART CORP PRUITT CARPET CARE ELIDA SIFUENTEZ MARY CHADWICK JOANN EHRENS JOAN GARREN MOLLY MCCLAIN PAULA ROBINSON KIRK SCHMIDTMAN DAVID TUSS PAUL SAMARIN GARY MORRELL ASSOCIATES HOUSING HILLIGOSS HOMES CENTEX HOMES COMSTOCK DEVELOP SPRINGHAVEN APTS KATHY O'DELL WINDSOR SMITH FRED EVANS DOROTHY ANDERSON BEST WESTERN RAMA CPAO 01 5420 01 5480 O15563 017054 017146 017257 018513 019055 019100 020010 020020 020095 022027 022035 022160 022425 022445 022510 022580 022612 024025 015358 NONE 021044 015255 NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE 3~5/99 315/99 3~5~99 3/5~99 3/5~99 3~5/99 3/5/99 3~5~99 315/99 3/5/99 3/5/99 3/5/99 3~5/99 3/5~99 3/5/99 3/5/99 3/5/99 3~5/99 3/5/99 3/5~99 3/5~99 3/8/99 3~9/99 3/11/99 3/11/99 3/12/99 3/12/99 3/12/99 3/1 2/99 3/1 2/99 3/12/99 3/12/99 3/12/99 3/1 2/99 3/12/99 3/1 2/99 3/12/99 3/12/99 3/1 2/99 3112/99 3/1 2/99 3/12/99 3/12/99 3/12/99 311 2/99 3/1 2/99 311 2/99 3/12/99 $9,399.48 $13.35 $118.OO $256.74 $125.00 $9,408.94 $548.90 $32.50 $372.02 $764.23 $779.50 $688.22 $112.64 $50.98 $320.12 $29.97 $1,421.31 $16.00 $70.00 $47.00 $67.00 $190.00 $139.00 $477.20 $127.64 $o.oo $o.oo $25.00 $195.00 $15.00 $15.00 $275.00 $275.00 $275.00 $275.00 $275.00 $275.00 $20.27 $27.65 $38.7t $15.96 $26.42 $14.90 $39.61 $17.53 $14.90 $27.88 $30.00 $125.32 $180.00 Page 2 A/P CHECK LISTING FOR THE MONTH OF MARCH 1999 8:1~ 45171 45172 45173 45174 45175 45176 45177 45178 45179 45180 45181 45182 45183 45184 45185 45186 45187 45188 45189 45190 45191 45192 45193 45194 45195 45196 45197 45198 45199 45200 45201 45202 45203 45204 45205 45206 45207 45208 45209 45210 45211 45212 45213 45214 45215 45216 45217 45218 45219 45220 45221 SERVICES-PARKS SERVICES-WWTP TEMP EMPLOYEE-ENG SERVlCES-VVWTP SERVICES-VARIOUS SUPPLIES-PLAN SERVICES-VARIOUS SERVlCES-VVVVTP SUPPLIES-FINANCE SERVICES-DAR SERVICES-NON DEPT SERVICES-POLICE SERVICES-NON DEPT SUPPLIES-PARKS SUPPLIES-WTR SERVICES-POLICE SUPPLIES-VARIOUS SERVICES-WWTP SUPPLIES-PARKS SERVlCES-ENG SUPPLIES-C STORES SUPPLIES-WWTP REIMBURSE-FINANCE SUPPLIES-WWTP SERVICES-WWTP SUPPLIES-WWTP SERVICES-VARIOUS SUPPLIES-TRANSIT SERVICES-FINANCE SUPPLIES-POLICE SERVlCES-VVTR SERVICES-PARKS REIMBURSE-POLICE SUPPLIES-VARIOUS SERVICES-POLICE SERVICES-PARKS SERVICES-FINANCE SUPPLIES-ENG DISPATCH-NON DEPT SUPPLIES-PARKS SERVlCE~VARIOUS TEMP EMPLOY-ENG SERVlCES-WWTP SERVICES-WWTP SUPPLIES-POLICE SUPPLIES-WWTP SERVICES-VARIOUS SERVICES-WATER SERVICES-WATER SERVICES-NON DEPT REIMBURSE-POLICE GLENDA HAMSTREET ABLE CRANE INC AEROTEK INC ARAMARK UNIFORM ARCH PAGING AWARDS & ATHLETICS AT&T BACKFLOW MANAGEMNT BENEFICIAL NTL BANK BlOoMED TESTING BOLDT, CARLISLE & SMITH CHEM COMM COLLEGE CITY OF WOODBURN COLORADO TIME SYS CONSOLIDATED SUPPLY CRYSTAL SPRINGS VVTR CTL CORPORATION DAILY JOURNAL DYNAMIC GRAPHICS ENG DATA BASES FORCE 4 COMPUTER FRONTIER INDUSTRIAL BEN GILLESPIE HPC SCIENTIFIC HILLIAM CUSTOM CTRL lOS CAPITAL IKON OFFICE INTERSTATE ROCK KELLY SERVICES LIGHTNING POWDER LINDS MARKET LUCENT TECHNOLOGIES NITA MARR METROFUELING DR CLEON MILLER NATIONAL REC & PARKS NATIONAL SEMINARS NESSCO SUPPLY NORCOM NW OUTDOOR EQUIP NW NATURAL GAS ONSITE ENVIRON PACIFIC PURE BOTTLE PAUL'S AUTO BODY PINNACLE TECH PLATT ELECTRIC PORT GENERAL ELEC PROTECTION ONE RADIX CORP RAIN MARION COUNTY RAUL A RAMIREZ NONE 3/12/99 $30.00 000035 3/12/99 $175.00 000080 3/12/99 $325.00 000534 3/1 2/99 $200.40 000535 3/12/99 $174.38 000580 3/1 2/99 $13.00 000623 3/12/99 $16.94 001033 3/1 2/99 $130.00 001199 3/12/99 $379.99 001280 3/12/99 $50.00 001 345 3/1 2/99 $145.00 002410 3/1 2/99 $140.00 002525 3/12/99 $1,400.00 002650 3/1 2/99 $140.00 002770 3/12/99 $1,578.80 002919 3/1 2/99 $55.00 002926 3/1 2/99 $885.93 003020 3/12/99 $105.63 003312 3/1 2/99 $24.00 004183 3/12/99 $720.00 005242 3/1 2/99 $1,550.61 005362 3/1 2/99 $2,180.00 006189 311 2/99 $46.99 007189 3/12/99 $323.44 007222 3/12/99 $253.00 008118 3/1 2/99 $141.05 008119 3112/99 $485.75 008297 3/1 2/99 $213.08 010052 3/12/99 $840.00 011230 3/1 2/99 $53.70 011240 3/1 2/99 $30.00 011370 3/12/99 $14.12 01 2232 3/12/99 $400.00 012448 3/1 2/99 $966.96 012509 3/1 2/99 $262.00 013090 3/1 2/99 $130.00 013135 3/1 2/99 $139.00 013160 3/12/99 $250.10 013198 3/12/99 $18,683.42 013296 3/12/99 $138.55 013350 3/12/99 $952.98 014055 3/12/99 $1,763.78 015059 3/1 2/99 $43.75 015185 3/12/99 $165.00 015325 3/12/99 $13,750.00 015340 3/1 2/99 $29.75 015420 3/12/99 $19,426.17 015566 3/12/99 $63.00 017035 3/12/99 $256.74 017042 3/1 2/99 $7,777.25 017044 3/12/99 $17.63 P~e3 A/P CHECK LISTING FOR THE MONTH OF MARCH 1999 8F 45222 45223 45224 45225 45226 45227 45228 45229 45230 45231 45232 45233 45234 45235 45236 45237 45238 45239 45240 45241 45242 45243 45244 45245 45246 45247 45248 45249 45250 45251 45252 45253 45254 45255 45256 45257 45258 45259 45260 45261 45262 45263 45264 45285 45266 45267 45268 45269 45270 45271 45272 SERVICES-PARKS REIMBURSE-PARKS SUPPLIES-PARKS SUPPLIES-VARIOUS SUPPLIES-TRANS PERMIT-PARKS SERVICES-VARIOUS SERVICES-VARIOUS SUPPLIES-WWTP SERVICES-POLICE SERVICES-VARIOUS SUPPLIES-WWTP SERVICES-ATTY SERVICES-PLAN SERVICES-VVTR SERVICES-PLAN VOID VOID VOID SERVlCES-WWTP SERVICES-PARKS REFUND-PARKS SERVICES-POLICE SERVICES-POLICE SERVICES-WATER SUPPLIES-PARKS SUPPLIES-PARKS SUPPLIES-ENG SUPPLIES-WWTP SERVlCES-WTR SERVICES-VARIOUS SUPPLIES- PARKS SUPPLIES-ENG SERVICES-FINANCE SERVlCES-WWTP SUPPLIES-WTR SERVICES-PARKS SERVICES-PUB WKS SUPPLIES-POLICE SERVICES-PUB WKS SERVICES-POLICE SERVICES-PUB WKS SUPPLIES-WTR REIMBURSE-RSVP SUPPLIES-WTR SERVICES-MB SUPPLIES-POLICE SUPPLIES-WWTP SUPPLIES-WVVTP SERVICES-FIN SERVlCES-WWTP SALUD MEDICAL CTR FRANK SCHEER SPRINT ROTHHAMMER US OFFICE PROD TIM'S DIESEL TRUCK US POSTAL SERV US WEST COMM US WEST COMM WATER METRICS CO VVBN FLORIST VVBN INDEPENDENT ZEE MEDICAL SERV CLACKAMAS COUNTY US POSTAL SERV VALLEY MAILING SERV US POSTAL SERV VOID VOID VOID FASTBACK PHOTO JORDAN WOLFER NAOMI FORBES C.C.C.J.T.C FBINAA SEATTLE PNWS-AWWA BOOMERANG SOFTWARE WBN JR BASKETBALL ADVANCED OFFICE AIR OIL PRODUCTS AMTEST OREGON ARAMARK UNIFORM BENEFICIAL NTL BANK BI-MART CORP CASCADE COMPUTER CHERRY CITY PLUMB CONSOLIDATED SUPPLY D & D PAVING DAILY JOURNAL DANNER SHOE MFG DE HAAS & ASSOC ELECTRONICS DOCTOR FALCONI CONSULT FAMILIAN NW SUE FOFANA-DURA HD FOWLER CO INC GE CAPITAL GRESHAM FORD HACH CHEMICAL CO IDEXX DIST CORP KELLY SERVICES RANDALL LANGBEHN 018160 018297 018713 019100 019167 020090 020091 020095 022070 022600 022630 02507O NONE 020090 021044 020090 NONE NONE NONE NONE NONE NONE NONE NONE 000068 000112 000400 000534 001199 001275 002220 002426 002770 003005 003020 003036 003108 004130 005018 005030 005197 O0521O O06O79 O06321 007030 008015 010052 011029 3/12/99 3/12/99 3/1 2/99 3/1 2/99 3/1 2/99 3/12/99 3/12/99 3/12/99 3/12/99 3/1 2/99 3/12/99 3/12/99 3/15~99 3/16/99 3/19/99 3/19/99 3/19~99 3119~99 3/19/99 3/19/99 3/19/99 3/19~99 3/19/99 3/19/99 3/19/99 3/19/99 3119/99 3119/99 3119199 3119199 3119/99 3119/99 3119/99 3/19/99 3/19/99 3/19~99 3119199 3119/99 3/19/99 3/19/99 ~19/99 3/19/99 3119/99 3/19/99 3/19/99 3/19/99 3/19/99 3/19/99 $417.27 $123.28 $33.98 $47.34 $16.12 $100.00 $446.14 $1,234.29 $130.00 $44.00 $371.10 $58.00 $25.00 $860.32 $472.80 $252.92 $0.00 $0.00 $0.00 $31.80 $42.00 $20.00 $20.00 $500.00 $390.00 $45.90 $100.00 $178.00 $162.00 $315.00 $192.73 $632.61 $33.26 $163.00 $401.71 $389.87 $7,191.83 $585.00 $103.00 $1,539.25 $90.00 $2,475.00 $2,149.64 $153.00 $280.50 $239.16 $20,754.00 $181.75 $6e5.o4 $326.00 $137.00 Page 4 A/P CHECK LISTING FOR THE MONTH OF MARCH 1999 8F 45273 45274 45275 45276 45277 45278 45279 45280 45281 45282 45283 45284 45285 45286 45287 45288 45289 45290 45291 45292 45293 45294 45295 45296 45297 45298 45299 45300 45301 45302 45303 45304 45305 45306 45307 45308 45309 45310 45311 45312 45313 45314 45315 45316 45317 45318 45319 45320 45321 45322 45323 SERVICES-PARKS SERVICES-VARIOUS SUPPLIES-PARKS SERVlCES-WWTP SERVICES-VARIOUS SERVICES-POLICE SERVICES-ATTY SERVICES-PLAN SERVICES-NON DEPT SUPPLIES-VVTR SERVlCES-WWTP SERVlCES-ST/WWTP SERVICES-PUB WKS SERVlCES-VVWTP REIMBURSE-PARKS SUPPLIES-POLICE SUPPLIES-VARIOUS SUPPLIES-VARIOUS SUPPLIES-VVVVTP SUPPLIES-RSVP SUPPLIES-VARIOUS SERVICES-LIB SERVICES-LIB SERVICES-LIBRARY SERVICES-LIB PETTY CASH-VARIOUS SERVICES-WATER VOID VOID VOID REFUND-BUILD REFUND-PARKS SUPPLIES-PARKS RIGHT OF WAY-PW SERVlCES-WWTP SUPPLIES-WWTP TEMP EMPLY-ENG SERVICES-VARIOUS SUPPLIES-WWTP SERVICES-LIBRARY SERVICES-HOUSING SERVICES-VARIOUS SERVlCES-ST/WTR SERVICES-POLICE SUPPLIES-PARKS SUPPLIES-VARIOUS SUPPLIES-LIBRARY SUPPLIES-LIBRARY SERVICES-PUB WKS SUPPLIES-LIBRARY SUPPLIES-LIBRARY LEISINGER DESIGNS LUCENT TECH MCCORMICK BARKDUST NW LIMITED ENERGY ONE CALL CONCEPTS OR DEPT OF ADMIN OREGON STATE BAR OREGONIAN PUBLISH PACIFIC NETCOM US FILTER PACO PUMPS PGE RELIANT COMM SALL~S RESTAURANT RICH SANKER TERRITORIAL SUPPLIES UNOCAL:ERNIE GRAHAM VIKING OFFICE WATER METRICS CO WBN INDEPENDENT YES GRAPHICS ASTMA PRODUCTIONS BARB STEVENS-NEWCOMB SIMPLY SONGS & STORIES ANIMAL AMBASSADORS CITY OF WOODBURN VALLEY MAILING SERV VOID VOID VOID LUCKY CO CHRISTINE SCHMUTZ TOY R US KSENIA SHIMALIN A&A PEST CONTROL ADS EQUIPMENT AEROTEK INC AIR TOUCH CELLULAR AMERICAN SIGMA A-QUALITY TYPEWRITER ARKEN ENTERPRISES ARAMARK UNIFORM AT&T AT&T LANGUAGE LINE BENEFICIAL NTL BANK BIMART CORP BOOK WHOLESALERS BRODART INC BROWN & CALDWELL BROWN IND INC BULLDOG VIDEO 011202 011370 012350 013295 014054 014198 014500 014653 O15O38 015065 015098 015420 017170 018156 018176 019O60 020010 021180 022070 022630 024025 NONE NONE NONE NONE 015255 021044 NONE NONE NONE NONE 000011 000050 000080 000113 000323 000420 000505 OO0534 000023 000659 001199 001275 O01350 001570 001573 001574 001586 3/19~99 $2,342.50 3/19/99 $621.90 3/19/99 $1,115.00 3/19/99 $225.00 3119/99 $57.60 3/19/99 $363.29 3119/99 $34.50 3119/99 $826.44 3/19199 $1,239.75 3/19/99 $2,052.00 3119/99 $1,550.00 3/19/99 $9,590.95 3/19/99 $50.00 3/19/99 $41.00 3119/99 $34.50 3/19/99 $356.40 3/19/99 $740.65 3/19~99 $390.55 3119199 $101.59 3119/99 $26.00 3119~99 $280.00 3/19/99 $250.00 3119/99 $95.00 3119199 $175.00 3/19/99 $100.00 3/19/99 $140.27 3125/99 $394.00 $o.oo $o.oo $o.oo 3/26/99 $82.08 3~26/99 $9.37 3/26199 $232.61 3/26/99 $1,200.00 3/26/99 $65.00 3/26/99 $443.57 3/26/99 $370.00 3/26/99 $691.45 3/26/99 $4,990.00 3/26/99 $97.00 3/26/99 $1,500.00 3/26/99 $371.09 3/26/99 $10.72 3/26199 $354.30 3/26/99 $214.17 3/26/99 $617.60 3~6/99 $110.31 3/26/99 $228.30 3/26/99 $84,365.67 3/26/99 $120.00 3/26/99 $182.33 P~e5 A/P CHECK LISTING FOR THE MONTH OF MARCH 1999 45324 45325 45326 45327 45328 45329 45330 45331 45332 45333 45334 45335 45336 45337 45338 45339 45340 45341 45342 45343 45344 45345 45346 45347 45348 45349 45350 45351 45352 45353 45354 45355 45356 45357 45358 45359 45360 45361 45362 45363 45364 45365 45366 45367 45368 45369 45370 45371 45372 45373 45374 SUPPLIES-STREET SUPPLIES-WATER SUPPLIES-LIBRARY SERVICES-LIBRARY SERVlCES-PW SUPPLIES-PARKS SUPPLIES-PARKS SERVlCES-WWTP RETAINAGE-PW SUPPLIES-PARKS SUPPLIES-VARIOUS SERVICES-PUB WKS SUPPLIES-POLICE SUPPLIES-POLICE SUPPLIES-VARIOUS SUPPLIES-POLICE SUPPLIES-LIBRARY SUPPLIES-LIBRARY SUPPLIES-STREET SUPPLIES-WWTP SUPPLIES-VARIOUS SUPPLIES-PARKS SERVICES-PUB WKS SUPPLIES-POLICE SERVICES-STREET SUPPLIES-LIBRARY SUPPLIES-VARIOUS SERVICES-LIBRARY SUPPLIES-POLICE SERVICES-HOUSING SUPPLIES-POLICE SERVICES-POLICE SUPPLIES-STREET SERVICES-HOUSING SUPPLIES-STREET SERVICES-FIN SUPPLIES-VARIOUS SUPPLIES-VARIOUS SUPPLIES-PARKS PERMITS-BUILD SERVICES-HOUSING REIMBURSE-LIBRARY SERVICES-HOUSING SUPPLIES-VARIOUS SUPPLIES-STREET SUPPLIES-VARIOUS SERVICES-VARIOUS SERVICES-HOUSING SERVlCES-PW SERVICES-VARIOUS SERVlCES-PW EH BURRELL CO CALIFORNIA CONTRACT CAL LANGUAGE LAB CAREER TRACK CARLSON TESTING CASCADE COLUMBIA DIST CASCADE POOLS ClNEMAGIC STUDIOS CITY OF WOODBURN CLACKAMAS LOCK COASTAL FARM CRANE & MERSETH CTL CORP DANNER SHOE DAVlSON AUTO PARTS DAVlSON AUTO PARTS DEMCO INC EBSCO SUBSCRIPTION ENVlRO-CLEAN EQUIP ERNST HARDWARE FARM PLAN FARWEST EQUIPMENT JAMES W FOWLER CO FOTO MAGIC F&S SECURITY ELEC GALE RESEARCH CO GW HARDWARE CTR CJ HANSEN CO HARRIS UNIFORMS HERNANDEZ CONST HILL DONNELLY HILLYERS MID CITY INDUSTRIAL SUPPLY INTER MOUNTAIN INS KATHLEN ENTERPRISES KELLY SERVICES KEY BUSINESS PROD L&L BUILDING LINCOLN EQUIPMENT MARION CTY BLDG INSPEC MARTIN GUTTERS DONNA MELENDEZ MERIDIAN PLUMB METROFUELING MICROWAREHOUSE MR P'S AUTO PARTS MUFFLERS HITCHES NAGL FLOOR NICOM ENGINEER NW ELEVATOR NW GEOTECH INC 001615 3/26/99 $307.89 002028 3/26/99 $87.60 002036 3126/99 $37.10 002123 3/26/99 $79,00 002140 3/26/99 $358.00 002218 3/26/99 $665.00 002226 3/26/99 $145.90 002483 3/26/99 $85.00 002525 3/26/99 $4,495.47 002558 3/26/99 $4.00 002625 3/26/99 $472.33 002896 3/26/99 $14,439.94 002926 3/26/99 $747.08 003036 3/26/99 $26.05 003080 3/26/99 $510.17 003081 3/26/99 $7.98 003110 3/26/99 $33.92 004040 3/26199 $53.15 004206 3/26/99 $107.10 004360 3/26/99 $368.00 005062 3/26/99 $143.50 005065 3/26/99 $3,000.00 005215 3/26/99 $85,414.02 005258 3/26/99 $45.95 005375 3/26/99 $472.00 006015 3/26/99 $84.18 006405 3/26/99 $737.85 007055 3/26/99 $640.00 007090 3/26/99 $77.90 007147 3/26/99 $3,190.00 007220 3/26/99 $373.57 007228 3/26/99 $224.58 008090 3/26/99 $74.40 008200 3/26/99 $616.00 010035 3/26/99 $82.56 010052 3/26/99 $840.00 010076 3/26/99 $62.19 011010 3/26~99 $802.29 011250 3/26/99 $1,380.24 012090 3/26/99 $171.59 012290 3/26/99 $380.00 012420 3/26/99 $26.25 012429 3/26/99 $350.00 0t 2448 3/26/99 $1,146.63 012459 3/26/99 $47.89 012510 3/26/99 $713.75 012655 3/26/99 $1,063.99 013004 3/26/99 $3,123.00 013192 3/26/99 $18,311.50 013275 3/26/99 $300.00 013287 3/26/99 $720.55 P~e6 A/P CHECK LISTING FOR THE MONTH OF MARCH 1999 45375 45376 45377 45378 45379 45380 45381 45382 45383 45384 45385 45386 45387 45388 45389 45390 45391 45392 45393 45394 45395 45396 45397 45398 45399 45400 45401 45402 45403 45404 SUPPLIES-LIBRARY SERVlCES-ENG SERVICES-LIBRARY REIMBURSE-LIBRARY SERVICES-PARKS SUPPLIES-PARKS SUPPLIES-VARIOUS SUPPLIES-ADMIN SUPPLIES-PARKS SUPPLIES-PARKS SUPPLIES-FINANCE SUPPLIES-PARKS SUPPLIES-VARIOUS SERVICES-POLICE REIMBURSE-LIBRARY SERVICES-LIBRARY SUPPLIES-VARIOUS SUPPLIES-C GARAGE SERVICES-VARIOUS SUPPLIES-PARKS SERVlCES-PW SERVICES-PLAN SUPPLIES-WTR SERVlCES-ENG SERVICES-PARKS SUPPLIES-WWTP SERVICES-STREET SUPPLIES-PARKS SUPPLIES-VARIOUS PEI-rY CASH-VARIOUS OFFICE DEPOT 014029 3/26/99 $296.70 ONSITE ENVIRON 014055 3/26/99 $2,469.29 ORBIS LIBRARY 014072 3126/99 $400.00 MARY PARRA 015168 3126199 $68.50 PAULS SMALL MTR 015175 3/26/99 $682.89 PEPSI COLA 015225 3/26/99 $320.85 PIONEER ELEC 015345 3/26/99 $61.16 PROF VIDEO & TAPE 015552 3/26/99 $7,852.64 PROMOTIONS WEST 015563 3/26/99 $122.00 RECREONICS 017105 3/26/99 $593.20 RELIABLE OFFICE 017161 3/26/99 $445.78 ROTHS IGA 017340 3126/99 $181.43 LES SCHWAB TIRE 018300 3/26/99 $730.79 SLATER COMM 018522 3/26/99 $103.21 LINDA SPRAUER 018710 3/26199 $69.99 3M CO 019002 3/26/99 $1,774.00 US OFFICE 019100 3/26/99 $710.17 UNOCAL ERNIE GRAHAM 020010 3/26/99 $542.45 US WEST COMM 020095 3/26/99 $5,263.16 UTILITY VAULT CO 020165 3/26/99 $1,499.00 VALLEY EXCAVATING 021037 3/26/99 $18,828.56 VALLEY MAILING 021044 3/26/99 $106.68 WALLING SAND 022029 3/26/99 $1,857.12 WILLAMETTE ENG 022332 3/26/99 $941.36 WOLFERS HEATING 022460 3/26/99 $124.25 WBN OFFICE SPEC 022670 3/26/99 $202.95 WBN RADIATOR 022700 3126199 $26.50 VVBN RENT-ALL 022708 3/26/99 $251.75 YES GRAPHICS 024025 3/26/99 $5,167.60 CITY OF WOODBURN 015255 3/31/99 $179.59 $508,441.07 Page 7 Community Development 270 Montgomery Street MEMORANDUM Woodburn, Oregon 97071 (503) 982-5246 Date: To: From: Subject: April 5, 1999 Mayor & City Council thru City Administrator Planning Commission Zone Map Amendment 98-06 from RS (Single Family Residential) to CR (Commercial Retail) At their hearing of March 11, 1999, the Planning Commission recommended the City Council approve, with conditions, Zone Map Amendment 98-06 from RS (Single Family Residential) for a portion of two tax lots to CR (Commercial Retail). See final order Attachment B. The subject properties consist of two abutting lots located at 1310 and 1340 Highway 99 north and adjacent to Al's Fruit and Shrub. The Council may: (1) Approve, with conditions, the Planning Commission's recommendation; (2) Approve the map amendment but modify the Planning Commission's conditions of approval; (3) Deny the Planning Commission's recommendation. Instruct Staff to prepare an ordinance with findings and conclusions to substantiate your decision. CITY OF WOODBURN 270 Montgome~' Street · Wooctburn, Oregon 97071 ° (503) 982-5222 TDD (503) 982-7433 ° FAX (503) 982-5244 STAFF REPORT ZONE MAP AMENDMENT 98-06 9A I. APPLICANT: Yacov and Nina Konovalov 2295 E. Lincoln Woodburn, OR 97071 II. OWNERS: Yacov and Nina Konovalov 2295 E. Lincoln Woodbum, OR 97071 III. NATURE OF TItlg APPLICATION: The applicant has submitted an application to amend the Zoning Map in order to rezone the easterly portion of the subject properties from Single Family Residential (RS) to Commercial Retail (CR). The subject properties consist of two abutting lots located at 1310 and 1340 Hwy. 99E. IV. RELEVANT FACTS: The subject properties are two abutting lots with frontage on Hwy. 99E. The two lots contain about 6.67 acres. The lots are approximately 1000 feet deep. Approximately 500 feet of depth fronting on Hwy. 99E are currently zoned CR. The remaining 500 feet of depth is zoned RS. The site contains a mixture of small structures and uses. The existing commercial frontage is used primarily by an upholstery shop. There is also another commercial structure, a house and a contractor's trailer located on the frontage. To the rear are two small dwellings. A third, or more, of the site that abuts the residential area on the east is used for greenhouses. The property abutting the subject property on the north is zoned CR for its entire 1000-foot depth. The current use is Chu's Eatery. The property abutting on the south is also 1000 feet in depth, with the frontage zoned for commercial and the rear zoned for single-family residential use. The property is used by Al's Nursery, with a retail store in the commercial frontage and greenhouses in the rear. STAFF REPORT ZONE MAP AMENDMENT 98-06 Page 1 of 5 The rear of the subject property abuts the Country Acre Estates subdivision. Six single- family lots abut the subject property. All but one is developed with a single-family residence. V. ZONE MAP AMENDMENT A. Relevant Approval Criteria 1. Initiation of a Zone Change by Petition, Woodbum Zoning Ordinance, Section 15.030 2. Burden of Proof, Woodburn Zoning Ordinance, Section 16.080(b) 3. Woodbum Comprehensive Plan Goals and Policies B. Initiation of a Zone Change by Petition (WZO Section 15.030) The petition was submitted with the application and deemed complete. C. Burden of Proof, Woodbum Zo,lng Ordinance, Section 16.080(b~ 1. Demonstrated Public Need for the Plan Map Amendment (WZO Section 16.080(b)(1)) The proposed change in the Plan Map from a Single Family Residential zone to a Commercial Retail zone fulfills a demonstrated public need. It represents implementation of the Woodbum Comprehensive zone. The Plan has designated the subject area as Commercial since its inception. The portion of the subject property that is currently zoned for single-family residential use is not well suited for that purpose. The abutting subdivision on the east was not designed to allow this use to extend on the subject property. Access to the residential uses on the east was not included in the layout of the subdivision. One vacant lot does exist in the subdivision that could provide access to subdivide that portion of the property designated RS. However that lot is not owned or controlled by the applicant. Consequently the likelihood of residential development is remote. Furthermore, any residential use would extend into a Commercial area, as shown on the Plan. Such a use pattern would be incompatible with the intent of the Plan. Access to the west, through the commercial area, is not well suited a single family residential use either. Such access would traverse the commercial area and would not relate to the abutting commercial uses. STAFF REPORT ZONE MAP AMENDMENT 98-06 Page 2 of 5 There is an adequate supply of vacant residential land within the City to accommodate this change without adversely affecting the inventory. At present there is approximately a 16 year supply of vacant single=family residential land within the City. 2. Proposal Best Satisfies the Need (WZO Section 16.080(b'}(2)) The need for additional commercial land to reinforce one of the four commercial concentrations identified in the Comprehensive Plan. Hwy. 99E was established as a commercial corridor years ago. Allowing the full depth of the subject property to develop for commercial use not only reinforces this commercial area but also concentrates the commercial use. This tends to off set the pressure to expand the linear commercial pattern along the Highway. It strengthens the shopping pattem for existing commercial uses and avoids the proliferation of commercial uses in a dispersed pattern that lacks the mutual support of like uses D. Woodbum Comprehensive Plan Goals and Policies 1. Commercial Development Policies. ao Plan Policy B-1 The City should at all times have sufficient land to accommodate the retail needs of the City and the surrounding market area. The City presently has four major commercial areas: 99E, 1-5 Interchange, the downtown area and the 214/219/99E four corners intersection area. No new areas should be established bo Finding. The subject property is located in one of the four major commercial areas identified in the Plan. Consequently the expansion of potential commercial use in this area is consistent with the Plan. ~ Lands for high traffic generating uses (shopping centers, malls, restaurants, etc.) should be located on well improved arterials. The use shouId provide the necessary traffic control devices needed to ameliorate their impact on the arterial streets. Finding. Highway 99E (the Pacific Highway) is designated a Major Arterial in the Transportation System Plan. The proposal is therefore consistent with this policy. Co Plan Polic? B-6 Commercial office and other low traffic generating commercial retail uses can be located on collectors or in close proximity to residential areas if care in architecture and site planning is exercised. The City should insure by proper regulations that any commercial uses located close to residential areas have the proper architectural and landscaping 93, STAFF REPORT ZONE MAP AMENDMENT 98-06 Page 3 of 5 9A buffer zones. Finding. The specific use for the subject property has not been specified by the applicant. Consequently, at the time a specific development proposal is made the Site Plan Review will provide the opportunity to appropriately condition the development to assure it is compatible with abutting uses and also the access pattern along Hwy. 99E. Specific concerns to be addressed at that time include the following: 1. The height of proposed buildings near the residential use with respect to privacy and shadows. 2. Prohibition of building openings abutting the residential use to minimize noise intrusion. 3. An appropriate solid wall or fence abutting the residential use for security and noise attenuation. 4. Access for the two subject properties designed as one integrated plan consistent with the Access Management Ordinance. 2. Residential Land Development Policies ao Plan Polio32 A-I Residential areas should be designed around the neighborhood concept. Neighborhoods should be an identifiable unit bounded by arterials, non-residential uses, or natural features of the terrain. The neighborhood shouM provide a focus and identity within the community and should have a community facility to allow for interaction within the neighborhood. Finding. The location of the land currently designated single family residential is not consistent with the neighborhood concept of residential development. It is a residential projection into a commercial area. Access patterns do not tie it into the existing neighborhood. The boundary with the commercial uses does not build a sense of residential identity. VIll. COMMENTS FROM OTHER DEPARTMENTS AND AGENCIES Attachment A Applicant's Request VI. STAFF RECOMMENDATIONS STAFF REPORT ZONE MAP AMENDMENT 98-06 Page 4 of 5 9A 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 Single-Family Residential (RS) to Commercial Retail (CR) with the following conditions at the time of site plan review: 1. The height of proposed buildings near the residential use with respect to privacy and shadows. 2. Prohibition of building openings abutting the residential use to minimize noise intrusion. 3. An appropriate solid wall abutting the residential use for security and noise attenuation. 4. Access for the two subject properties designed as one integrated plan consistent with the Access Management Ordinance. 5. Site plan proposal shall allow for full utilization of the property. STAFF REPORT ZONE MAP AMENDMENT 98-06 Page 5 of 5 ~( 103 03 03 5 DRIVE 03 03 ,~ 9A To: Woodburn Planning Commission Woodburn City Hall Woodburn, Oregon Date: December 1, 1998 Dear Planners: I have o~vned and operated Woodburn Upholstery for the past 30 years and am now approaching the age of 80. As I have greatly enjoyed my business and being a part of Woodburn, I now t'md myself physically incapable of continuing with my business. For the past three years I have been trying to sell my business and properD, with and without the assistance of a realtor. The property consists of approximately 6.67 acres located at 1310 and ~340 Pacific Hwy. (adjacent to Al's Nursery and Chu's Eatery). The properD- is zoned Commercial Retail and Residential with the Residential portion being the back section. It's as if there were an imaginary line bisecting the property ~,ith very poor access to the residential portion~ The obstacle I am encountering with a proposed sale, and there have been several, is the zoning. Prospects are not interested in the residential part of the properD', as the access is poor from a residential standpoint and it would be far less than an ideal residential environment. I am of the opinion that the highest and best use for the properD' is all commercial, commercial retail or conunercial general. _As your comprehensive plan now includes all 6.67 acres in a commercial zone; I respectfully request the residential designation be removed and the entire parcel be zoned CR- Commercial Retail. Sincerely, Yacov Konovalov ATTACHMENT A N KI]Y TITLE CUMI-'ANy THIS COPY OF ASSESSOR'S MAP :E PROVIDED SOLELY TO ASSIST IN LD. CATING SUSJECT PROPERTY, ;4) L!ARILITY IS ASSUMED I~7' KEv F .: NeD AND THE A~JCOMPAN'¢, LE(~AL DESCRIP'riON. ,-I ATTACHMENT A SW1/4 SE1/4 SEC.08 TSS RIW WM, i~.,IARION COUNTY · ,.¢ -..._? SEE ~ 05 ~W 0~13e ~S ('CR DRIVE 03 O3 5 LANE ~ ) :,' ., r , 7 ? ATTACHMENT A IN THE PLANNING COMMISSION OF WOODBURN, OREGON ZONE CHANGE 98-06 FINAL ORDER WHEREAS, a request was made for the Planning Commission to hear a proposal for approval of a zone change from Single Family Residential (RS) to Commercial General (CG) and; WHEREAS, the Planning Commission reviewed the matter at their regularly scheduled meeting of March 11, 1999, and; WHEREAS, the Planning Commission considered the written and oral testimony presented by staff and the applicant and hearing none from 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 Zone Change 97-08, (7) Yea (1) Nay, and instructed Staffto prepare findings and conclusions, NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COMMISSION: The Planning Commission recommends the City Council approve Zone Change 98-06 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: Royce Young, Chairperson Date FINAL ORDER - Zone Change 98-06 Page 1 ATTACHMENT B EXHIBIT "A" FINDINGS AND CONCLUSIONS FINDING: 1. The subject properties are two abutting lots with frontage on Hwy. 99E. The two lots contain about 6.67 acres. The lots are approximately 1000 feet deep. Approximately 500 feet of depth fronting on Hwy. 99E are currently zoned CR. The remaining 500 feet of depth is zoned RS. FINDING: 2. The site contains a mixture of small structures ~nd uses. The existing commercial frontage is used primarily by an upholstery shop. There is also another commercial structure, a house and a contractor's trailer located on the frontage. To the rear are two small dwellings. A third, or more, of the site that abuts the residential area on the east is used for greenhouses. FINDING: 3. The property abutting the subject property on the north is zoned CR for its entire 1000- foot depth. The current use is Chu's Eatery. FINDING: 4. The property abutting on the south is also1000 feet in depth, with the frontage zoned for commercial and the rear zoned for single-family residential use. The property is used by Al's Nursery, with a retail store in the commercial frontage and greenhouses in the rear. FINDING: 5. The rear of the subject property abuts the Country Acre Estates subdivision. Six single- family lots abut the subject property. All but one is developed with a single-family residence. FINDING: 6. The proposed change in the Plan Map from a Single Family Residential zone to a Commercial Retail zone fulfills a demonstrated public need. It represents implementation of the Woodbum Comprehensive zone. The Plan has designated the subject area as Commercial since its inception. FINDING: 7. The portion of the subject property that is currently zoned for single-family residential use is not well suited for that purpose. The abutting subdivision on the east was not designed to allow this use to extend on the subject property. FINDINGS & CONCLUSIONS - ZONE MAP AMENDMENT 98-06 YACOV & NINA KONOVALOV I of 4 FINDING: 8. Any residential use would extend into a Commercial area, as shown on the Plan. Such a use pattern would be incompatible with the intent of the Plan. Access to the west, through the commercial area, is not well suited a single family residential use either. Such access would traverse the commercial area and would not relate to the abutting commercial uses. FINDING: 9. The need for additional commercial land to reinforce one of the four commercial concentrations identified in the Comprehensive Plan. Hwy. 99E was established as a commercial corridor years ago. Allowing the full depth of the subject property to develop for commercial use not only reinforces this commercial area but also concentrates the commercial use. This tends to off set the pressure to expand the linear commercial pattern along the Highway. 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. FINDING: 10. The subject property is located in one of the four major commercial areas identified in the Plan. Consequently the expansion of potential commercial use in this area is consistent with the Plan. FINDING: 11. Highway 99E (the Pacific Highway) is designated a Major Arterial in the Transportation System Plan. The proposal is therefore consistent with the comprehensive plan policy. FINDING: 12. The specific use for the subject property has not been specified by the applicant. Consequently, at the time a specific development proposal is made the Site Plan Review will provide the opportunity to appropriately condition the development to assure it is compatible with abutting uses and also the access pattern along Hwy. 99E. Specific concerns to be addressed at that time include the following: 1. The height of proposed buildings near the residential use with respect to privacy and shadows. 2. Prohibition of building openings abutting the residential use to minimize noise intrusion. 3. An appropriate solid wall or fence abutting the residential use for security and noise attenuation. 4. Access for the two subject properties designed as one integrated plan consistent with the Access Management Ordinance. 9,4, FINDINGS & CONCLUSIONS - ZONE MAP AMENDMENT 98-06 YACOV & NINA KONOVALOV 2 of 4 5. The site plan proposal shall allow for the full utilization of the property. FINDING: 13. The location of the land currently designated single family residential is not consistent with the neighborhood concept of residential development. It is a residential projection into a commercial area. Access patterns do not tie it into the existing neighborhood. The boundary with the commercial uses does not build a sense of residential identity. CONCLUSION: The applicant's request is in keeping with the goals and policies of Woodburn's Comprehensive Plan. FINDINGS & CONCLUSIONS - ZONE MAP AMENDMENT 98-06 YACOV & NINA KONOVALOV 3 of 4 EXHIBIT "B" CONDITIONS OF APPROVAL The Planning Commission recommends that the City Council approve amending the Zone Map for the subject property from Single-Family Residential (RS) to Commercial Retail (CR) with the following conditions at the time of site plan review: 1. The height of proposed buildings near the residential use with respect to privacy and shadows. 2. Prohibition of building openings abutting the residential use to minimize noise intrusion. 3. An appropriate solid wall abutting the residential use for security and noise attenuation. 4. Access for the two subject properties designed as one integrated plan consistent with the Access Management Ordinance. 5. The site plan proposal shall allow for the full utilization of the property. FINDINGS & CONCLUSIONS - ZONE MAP AMENDMENT 98~6 YACOV & NINA KONOVALOV 4 of 4 11A Memo To: From: Date: Subject: Mayor and Council through th~'~ity~.P~dministrator Ben Gillespie, Finance Officer \ April 5, 1999 3~. Purchase of Federal Surplus Property Recommendation: Approve the attached resolution authorizing the City to participate in the Federal Surplus Property Program. Background: The Federal government allows local jurisdictions to purchase surplus Federal property at very favorable prices. The City of Woodburn has taken advantage of this program for many years. To participate the City must annually enter an agreement acknowledging the terms of the program. Financial Implications: The City can expect some cost savings from utilizing this program. llA RESOLUTION NO. A RESOLUTION AUTHORIZING RENEWAL PARTICIPATION IN THE FEDERAL PROPERTY UTILIZATION PROGRAM. WHEREAS, the federal government provides for the release of federal surplus property to local governments for public purposes; and WHEREAS, the City of Woodburn can utilize said surplus property as a cost-effective supplement to operational services; and WHEREAS, the City of Woodburn has been a previous participant in the program; NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City Administrator is authorized to sign the "Authorization of Participants" in the Federal Property Utilization Program, a copy of said authorization being attached hereto, and incorporated herein by this reference. Approved as to form.'~'~~~ ~"~[ ~ City Attorney APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder Richard Jennings, MAYOR ATTEST: Mary Tennant, Deputy Recorder City of Woodburn, Oregon Page i COUNCIL BILL NO. RESOLUTION NO. AUTHORIZED REPRESENTAT/VE$ 1 lA L LEGAL NAME & MAILING ADDRESS OF APPUCANT ORGANIZATiON: CITY OF WOODBURN Name of Organization 270 Montgomery Street Street Address (REQUIRED) Woodburn, OR 97071 Mailing Address (PO Box Number, Street. City. State and Zip Code) Marion ( 503 ). 982-5211 Counby Telephone THE FOLLOWING REPRESENTATIVES ARE DESIGNA TED TO ACQUIRE FEDERAL SURPLUS PROPERTY; OBLIGATE NECESSARY FUNDS FOR THIS PURPOSE; AND EXECUTE DISTRIBUTION DOCUMENTS AGREEING TO TERMS, CONDITIONS, RESERVATIONS, AND RESTRICTIONS APPLYING TO PROPERTY OBTAINED THROUGH THE AGENCY: ~[~IEW DESlGNATIONS (Delete all previous authorizations) [] DELETE AUTHORIZATIONS LISTED BELOW [] ADDITIONAL DESlGNATIONS ONL¥ (Add to previous authorizations) Return to: FEDERAL SURPLUS PROPERTY 1655 Salem Industrial Dr. NE Salem, OR 97310-1531 Ill. REPRESENTATIVES: (All representatives, please read. sign & date Certifications & Agreements and Return Policy forms) PRINTED NAME Gerald Leimbach Ben Gillespie Randf Westrick Ke~ Wriqht TITLE Data Processinq Finance Director Director of Parks and Rec Chief of Police ,,~ SIGNATURE IV. CERTIFICATION: Date Signature of Cifief Administrative Officer John Brown, City Administrator Title The applicant has been determined to be Approval Date: APPROVED BY: FOR STATE AGENCY USE ONLY [] eligible [] conditionally eligible [] ineligible [] Public Agency [] Nonprofit Education [] Nonprofit Health D Nonprofit Homeless Eligibility Expiration Date: TITLE: RETURN POLICY l IA PROPERTY ACQUIRED THROUGH THIS PROGRAM IS DONATED ON AN "AS IS - WHERE IS" BASIS, WITH NI"J WARRANTY OR GUARANiEE OF ANY KIND THIS POLICY APPLIES TO FEDERAL SURPLUS PROPERTY ACQUIRED FROM THE FEDERAL SURPLUS PROGRAM WAREHOUSE AND DOES NOT APPLY TO PROPERTY SCREENED BY A DONEE SCREENER. THIS POLICY DOES NOT INCLUDE REIMBURSEMENT OF ANY COST ASSOCIATED WITH RETURNING PROPERTY TO THE FEDERAL SURPLUS PROGRAM WAREHOUSE. CREDIT WILL ONLY BE EXTENDED AGAINST SERVICE CHARGES REFLECTED ON THE ORIGINAL ISSUE AND INVOICE DOCUMENT FEDERAL REGULATIONS REQUIRE THAT PROPERTY BE PUT INTO USE, FOR THE PURPOSE FOR VVHICH IT WAS ORIGINALLY OBTAINED THROUGH THE DONATION PROGRAM, WITHIN ONE YEAR FROM THE DATE OF ACQUISITION (DATE ON THE ISSUE AND INVOICE DOCUMENT). WE REALIZE THERE CAN BE EXTENUATING CIRCUMSTANCES AND HAVE ESTABLISHED THE FOLLOWING RETURN POLICY: 1. IF RETURNED TO OUR AGENCY WITHIN 30 DAYS OF THE DATE ON THE ISSUE AND INVOICE DOCUMENT, FULL CREDIT OF THE SERVICE CHARGE AMOUNT WILL BE EXTENDED. 2. IF RETURNED BETWEEN 30 AND 60 DAYS OF THE DATE ON THE ISSUE AND INVOICE DOCUMENT, 50% OF THE SERVICE CHARGE WILL BE EXTENDED. 3. IF RETURNED AFTER 60 DAYS OF THE DATE OF THE ISSUE AND INVOICE DOCUMENT, NO CREDIT WILL BE ALLOWED. IN ALL CASES, RETURN OF FEDERAL SURPLUS PROPERTY REQUIRES PRIOR APPROVAL FROM THE FEDERAL SURPLUS PROPERTY PROGRAM MANAGER. ALL PROPERTY WILL BE INSPECTED PRIOR TO ISSUANCE OF ANY CREDIT. THERE WILL BE NO CASH RETURNS. ALL RETURNS WILL BE CREDITED TO THE ACCOUNT OF THE DONEE ORGANIZATION. IF YOU HAVE ANY QUESTIONS CONCERNING THIS POLICY THEY SHOULD BE DIRECTED TO THE FEDERAL SURPLUS PROGRAM MANAGER AT 3784711 EXTENSION 304. I CERTIFY THAT I HAVE READ, UNDERSTAND AND AGREE TO THE RETURN POLICY AS STATED ABOVE. ' ~ DATE DATE "SIG~/~~.~UTHORIZED REPRESENTATIVE /,~~SI ATURE OF AUTHORIZED REPRESENTATIVE ~f of Police ~ SIGN~TU!~ OF AUTHORIZED REPRESENTATIVE ~ ~~ Director of Public Works ~ SIGNATURE OF AUTHORIZED REPRESENTATIVE ~~~~~ ~ Data Processin~ SIGNATURE OF AUTHORIZED REPRESENTATIVE DATE SIGNATURE OF AUTHORIZED REPRESENTATIVE DATE SIGNATURE OF AUTHORIZED REPRESENTATIVE IF ADDITIONAL SIGNATURES ARE NEEDED, USE THE BACK OF THIS PAGF CERTIFICATIONS AND AGREEMENTS (a) THE DONEE CERTIFIES THAT: (1) It is a public agency; or a no~profit educational or public health institution or organization, exempt from taxation under section 501 of the Intemal Revenue Code of 1954; within the meaning of section 203 (j) of the Federal Property and Administrative Services Act of 1949, as amended, and the regulations of the Administrator of General Services. (2) If a public agency, the property is nee(led and will be used by the recipient for carrying out or promoting for the residents of a given political area one or more public purposes, or; if a nonprofit tax-exempt institution or organization, the property is needed for and will be used by the recipient for educational or public health purposes, and including research for such purpose. The property is not being acquired for any other use or purpose, or for sale or other distribution; or for permanent use outside the State. except with prior approval of the State agency. (3) Funds are available to pay all costs and charges inddent to donation, and these charges will be paid promptly. (4) This transaction shall be subject to the nondiSC~mination regulations governing the donation of surplus personal property issued under T~de VI of the Civil Rights Act of 1964, Section 606 of Title VI of the Federal Property and Administrative Services Act of 1949, as amended, Section 504 of the Rehabilitation ACt of 1973, as amended, Title IX of the Education Amendments of 1972, as amended, and Section 303 of the Age Disonmination ACt of 1975. (b) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS: (1) All items of property shall be placed in use for the purposes for which acquired within one year of rec_eipt and shall be continued in use for such purpOseS for one year from the date the property was placed in use. In the event the property is not so placed in use, or continued in use, the donee shall immediately notify the State agency, and at the donee's expense, return such property to the State agency, or otherwise make the property available for transfer or other disposal by the State agency, provided the property is still usable as determined by the State agency. (2) Such speCtal handling or use limitations as are imposed by General Services Administration (GSA) on any item(s) of property listed hereon. (3) In the event the property is not so used or handled as required by (b) (1) and (2), title and right to the possession of such properly shall at the option of GSA revert to the United States o! Amedca and upon demand the donee shall release such property to such person as GSA or its designee shall direct. (c) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY, APPLICABLE TO ITEMS WITH A UNIT ACQUISITION COST OF $5,000 (PUBLIC LAW 99-386, SEC. 207) OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST, EXCEPT VESSELS 50 FEET IN LENGTH AND AIRCRAFT: (1) The property shall be used only for the purpose(s) for which acquired and for no other purpose(s). (2) There shall be a penod of restnction which will expire after such property has been used for the purpose(s) for which acquired for a period of 18 months from the date the property is placed in use. (3) In the event the property is not so used a.s required by (c) (1) and (2) and Federal restrictions (b) (1) and (2) have expired then the right to the possession of such property shall at the option of the State agency revert to the State of Oregon and the donee shall release such property to such person as the State agency shall direct. (d) THE DONEE AGREES TO THE FOLLOWING TERMS, RESERVATIONS AND RESTRICTIONS: (1) From the oa[e it receives the propeFq,, listed heleo~ ancJ b~rougn the I:,e~r.x~(s) of time the conditions imposed by (b) and (c) above remain in effect, the donee shall not sell. trade, lease, lend, bail, cannibalize, encumber, or otherwise dispose of such property, or remove it permanently, for use outside the State. without the pdor approval of GSA under (b) or the State agency under (c). The proceeds from any sale, trade, lease, loan. bailment, encumbrance or other disposal of the properly, when suc~ action is authorized by GSA or by the State agency, shall be remitted promptly by the donee to GSA or the State agency, as the case may be. (2) In the event any of the property listed hereon is sold, traded, leased, loaned, bailed, cannibalized, encumbered, or otherwise disposed of by the donee from the date it receives the proper['/ through the pednd(s) of time the conditions imposed by (b) and (c) remain in effect, without prior approval of GSA or the State agency, the donee, at the option of GSA or the State agency shall pay to GSA or the State agency, as the case may be, the proceeds of the disposal or the fair market value or the fair rental value of the property at the time of such disposal, as determined by GSA or the State agency. (3) If at any time, from the date it receives the property through the period(s) of time the conditions irni~sed by (b) and (c) remain in effect, any of the property listed hereon is no longer suitable, usable, or further needed by the donee for the purpose(s) for which acquired, the donee shall promptly notify the State agency, and shall, as directed by the State agency, return the property to the State agency, release the property to another donee or another State agency, a department or agency of the United States, sell or otherwise dispose of the property. The proceeds from any sale shall be remitted promptly by the donee to ~ State agency. (4) The donee shall make reports to the State agency on the use, condition, and location of the property listed hereon, and on other pertinent matters as may be required from time to time by the State agency. (5) At the option of the State agency, the donee may abrogate the conditions set forth in (c) and the terms, reservations and resections pertinent thereto in (d) by payment of an amount as determined by the State agency. (e) THE DONEE AGREES TO THE FOLLOWING CONDITIONS, APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON: (1)The property acquired by the donee is on an 'as is, 'where is' basis, without warranty of any kind. (2) The State agency requires the donee to carry insurance against damages to or loss of property due to fire or other hazards and where loss of or damage to donated property with unexpired terms, conditions, reservations or restrictions occurs, the State agency will be entitled to reimbursement from the donee out of the insurance proceeds, of an amount equal to the unamortized portion of the fair value of the damaged or destroyed donated items. (f) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (50 FEET OR MORE IN LENGTH) HAVING AN ACQUISITION COST OF $5,000 (PUBLIC LAW 99-386, SEC. 207) OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED: (1) The donation shall be subject to the terms, conditions, reservations, and resections set forth in the Conditional Transfer Document executed by the authorized donee representative. THE DONEE AGREES TO THE FOLLOWING TERMS AND CONDITIONS IMPOSED BY THE STATE AGENCY APPLICABLE TO ITEMS WITH A UNIT ACQUISITION COST OF UNDER $5,000 (PUBLIC LAW 99-386, SEC. 207): (1) Title to items with an acquisition cost of less than $5,000. (Public Law 99-386, Sec. 207) shall pass to the donee when the terms and conditions imposed by (b) (1) and (2) have been met. (2) All clothing, upholstered furniture, and bedding materials acquired from the SURPLUS PROPERTY DMSION will be sterilized as required by State Law before being used. (3) In addition to any other remedies available to the Department or to the State agency, said agency shall have the dght and authority to withhold further transfers of Government Surplus Property to our institution if we fail at anytime. (a) Abide by the above terms and conditions and (b) promptly pay just service and handling charge fees assessed by the state agency. II certify that I have read, qnderstand and agree to the CERTIFICATIONS AND AGREEMENTS.as~!~It?d ~ab~ve. , i~ATE SIGN' I~-TURE OF A(JTHORIZED REPRESENTATIVE A~dTTHI:~,I~'E~D ~,EP RESENT~ATIVE tDA~'E ~ )~RE OF ,~i~'rI:IORIZE~REPRESF, N:{'ATIVE t w DATE SlG-N~ATURE OF AUTH(~I~IZE'O-~EP~ESENTA tDA~'E SIGN ATURE OF AUTHO DATE DATE DATE SIGN ATURE OF AUTHORIZED REPRESENTATIVE SIGN ATURE OF AUTHORIZED REPRESENTATIVE SIGN ATURE OF AUTHORIZED REPRESENTATIVE (IF ADDITIONAL SIGNATURES ARE NEEDED, USE THE BACK OF THIS PAGE). COUNCIL BILL NO. RESOLUTION NO. llB A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ANNEXATION OF CERTAIN PROPERTY LOCATED IN THE NORTHWEST QUADRANT OF THE I-5 INTERCHANGE. THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Pursuant to ORS 222.120, 7:00 p.m. on May 10, 1999 is declared to be the time set for public hearing before the Woodburn City Council on whether the City of Woodburn shall annex that property described in Exhibit "A" attached hereto. Section 2. Pursuant to ORS 222.120, no election is required on this issue. Section 3. Notice of said hearing shall be published once each week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the City, and notices of the hearing shall be posted in four public places in the City for a like period. as form: City Attorney Date APPROVED: RICHARD JENNINGS, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. liB 05 2W 01C ll,t COR I 300 O0 602 701 3.5~ AC 702 4.40 AC I / / I I I / / / City of Woodburn Police Department STAFF REPORT ~70 Montgomery Street Woodbum O7~}70~1 .................... i~0~i'~82~2~45 Date: January 26, 1999 ;rolm: KMe; oWr riang~t; ~i;fo°mlf ~ciN~ Through: John Brown, City Administrator Subject: East Precinct Lease Recommendation Authorize the City Administrator to enter into a five-year lease with Key Investment Properties, Inc., for a East Police Precinct located at 986 N. Pacific Hwy., Woodbum. The police department has located a suitable location for the East Precinct police station located at 986 N. Highway 99E, Mall 99. The city has negotiated a lease separate from the Marion County Sheriff however will be jointly leasing approximately 5400 square feet of space. The property management firm, Key Investment Properties, Inc., are the property managers and will be building the facility to suit. The base charge is $1.00 per square foot and $.325 per square foot for improvements. The facility will house one-half of the authorized Woodbum Officers, 12 and two sergeants and 14 sheriffs' deputies to include a lieutenant and sergeant. Each will pay one-half of all costs and will have a memorandum of understanding separate from the lease for facility use and ancillary costs. The ancillary costs will be utilities, telephone, FAX and incidental cost of maintaining each agency's operation. The sharing of facility and associated costs will make for a full-service police/sheriff facility. We should be moving in during August or September of this year. Annual costs are budgeted as follows: ~ $20,000 This includes Telephone and Data communications installation, furniture, computers and other equipment as needed. Capital costs were budgeted in FY 98-99 budget. Recurring Monthly Estimated Cos~ (the following is ~ of total shared costs) Monthly Annual Rent $3,589 $43,068 Utilities 350 4,200 Telephone 200 2,400 Janitorial 790 9,480 T-1 200 2,400 Copy Machine 142 1,710 Insurance ? ? Est Total $ 5,271 $63,252 Insurance will be calculated in 99-00 llC llC COUNCIL BH~L NO. I 7~ ~ RESOLUTION NO. A RESOLUTION ENTERING INTO A COMMERCIAL LEASE WITH IRA GORDON, ET AL., FOR THE LEASE OF PREMISES TO BE USED AS A POLICE STATION AND AUTHORIZING THE MAYOR TO SIGN SAID LEASE. WHEREAS, the City of Woodburn needs an east precinct police station; and WHEREAS, premises which are suitable for the police station have been located at 986 N. Pacific Highway; and WHEREAS, it is in the City's interest to enter into a lease of said premises; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City enter into a commercial lease with Ira Gordon, Daniel Oredson, Val A. Yanagihara and Clifford B. Dart, Trustee under the Clifford B. Dart Declaration of Trust dated July 6, 1989, c/o Key Investment Properties, Inc. which is affixed hereto as Exhibit "A" and by this reference incorporated herein. Section 2. That the lease be modified in substantially the manner proposed by the City Attorney as provided in Exhibit "B" which is attached hereto and by this reference incorporated herein. City Attorney Da Approved: Richard Jennings, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant City Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. llC COMMERCIAL LEASE D ate: February __, 1999 Between: Ira Gordon, Daniel M. Oredson, Val A. Yanagihara and Clifford B. Dart, Trustee under the Clifford B. Dart Declaration of Trust Dated July 6, 1989 c/o Key Investment Properties, Inc. 7150 SW Fir Loop Road, Suite 214 Tigard, OR 97223 ("Landlord") And: City of Woodburn ("Tenant") 270 Montgomery Street Woodburn, OR 97071 Landlord leases to Tenant and Tenant leases from Landlord approximately ~~ square feet of space (the "Premises") on the following described real property on the terms and conditions stated below: See Exhibit "A" Street Address: Mall 99 Shopping Center, 986 N. Highway 97, Woodburn, Oregon Section 1. Occupancy 1.1 Original Term. The term of this lease shall commence ¢ 1999, and continue through ~, 2004, unless sooner terminated as hereinafter provided. 1.2 Possession. Tenant's right to possession and obligations under the lease shall commence on l[~, 1999, or on such later date as the work to be performed by Landlord pursuant to section 5.2 is substantially complete and the Premises are available for possession by Tenant if possession is not given on the opening day of the term. Landlord shall have no liability for delays in delivery of possession and Tenant will not have the right to terminate this lease because of delay in delivery of possession except as hereinafter provided. Section 2. Rent 2.1 Base Rent. During the original term, Tenant shall pay to Landlord as base rent the sum of $'~8 per month. Rent, without offset or deduction shall be payable on the first day of each month in advance at such .place as may be designated by Landlord. 2.2 Security Deposit. To secure Tenant's compliance with all terms of this lease, Tenant has paid Landlord the sum of ~ as a deposit. The deposit shall be a debt from Landlord to Tenant, refundable within 30 days after expiration of the lease term or other Page 1 - Commercial Lease Page ~ of ~ termination not caused by Tenant's default. Landlord may commingle the deposit with its funds and Tenant shall not be entitled to interest on the deposit. Landlord shall have the right to offset against the deposit any sums owing from Tenant to Landlord and not paid when due, any damages caused by Tenant's default, the cost of curing any default by Tenant should I~andlord elect to do so, and thc cost of perfomm~g any repair or cleanup that is Tenant's responsibility under this lease. Offse[ against the deposit shall not be an exclusive remedy in any of tile above cases, bt. it may be invoked by Landlord, at its option, in addition to any other remedy provided by law or this lease for Tenant's nonperfom~ance. Landlord shall give notice [o Tenant each time an offset is claimed against thc deposit, and, unless tile lease is terminated, Tenant shall within l0 days after .such notice deposit with l~andlord a sum equal to tile amount of the offset so that thc total deposit a~llount, net of offset, shall remain constant throughout the lease term. 2.3 Escalation. Thc base rent provided in Section 2.1 shall be increased three (3) percent annually. 2.4 Additional Rent. All taxes, insurance costs, utility charges that Tenant is required to pay by this lease, and any other sum that Tenant is required to pay to Landlord or third parties shall be additional rent. If Tenant desires janit0rial:~se~i~s;~iiUch!,Seryiees~.will.:;..FSe~:lS~ovided by Land~rd~<~Land~r~:~wj~¢ ~i~i~Te~t*~f~t~: sueh?~`~1~? wi~¥~:~!t~g~eth~r ~ with a reasonable allowance~ to Landlord. for the 'administratiOn~d: superviSiOi-f/of:SiiCh- S'e~iCe; 2.5 " ....... '--- Pro n_._ o~ .... c ,~.._ · ~.-ll(llit WIIL pa5,' ,u DO. llUlUlU) lllk/lll, llly ltl rill ¥~l. llk. t.,~ ltl ll~ tllIa O~.-tlUIl, aS ~u~u~x auuzt~la~ FCF~t, -"~: ..... thc ~:~:'-':--- :c .... · at potion of .... ~---: .......... ~ ..... : ~uarc area in thc ~--:-- ~ (2) For thc pu~osc of"-:- °--':-- ~' = ,.a o,..,.tlu. ,:..o, the. teriii,,o,____:__ ,-. ....... r-, ..... :-- Cost" ,mu ,,it. ul ~.u in operating, managing, equ rig, rcpairing, ---'--: .... ~ ' ' ' ~' ...... , ...... ~ n..:,.,:___ :_ .,__ t.^~.mu,i,g items of expense ........ '-. ' .........~ ~--: ..... unty . JflllltUl ldl dllU SCC~[ity o~,uppnl~ uclltcI operations manager, ---~--: .... ~ ,--~ .... : ....... ~--: "-,,,s systems, - .... '"--systems, fire protection ......... : .... '- ip ainu accullty alalit[ systems --~ equ ment; cunuu~ uquqJ~icnt, thc cost of-"t':- ,:_t:,: ..... ~ . u~,.~ insurance, thc cost of fire --~ ...... ~-~ coverage insurance on all ~u,,u,,,~a .,t,,,,, t,,~ ouupgm ~insurancc, repairs, ':-- ainti g, pa ,:-~.: .... :_ __ maintcnancc, thc cost of pcrsormel to :--' .......... Page 2 - Commercial Lease IIC EXHIBIT A Page . ~ of /~ ...~ ' ~_l ~ __i~ ' tiff lClldllt tJIUllll/tlff UIIUII []1 IIIUIItlIIff UIII3 ti[Jill a~uc. cslimate ,.,u~ Oli[J~lll~ LLIILCl 3 I tu o~c,,i,~,,u thc amount, :" .... , LClItUI U~Cldtlll~ ~u3t 311~i1 llltClCbt Ull ally dUUltlUlial lCilt palU hercunder, n, ; Section 3. Use of the Premises 3.1 Permitted Use. The Premises shall be used as a police station?or?-:similar:,;l~ity administratiYe facility, and for no other purpose without the consent of Landlord, which consent shall not be withheld unreasonably. 3.2 Restrictions on Use. In connection with the use of the Premises, Tenant shall: (1) Conform to all applicable laws and regulations of any public authority affecting the premises and the use, and correct at Tenant's own expense any failure of compliance created through Tenant's fault or by reason of Tenant's use, but Tenant shall not be required to make any structural changes to effect such compliance unless such changes are required because of Tenant's specific use. (2) Refrain from any activity that would make it impossible to insure the Premises against casualty or would increase the insurance rate, unless Tenant pays the additional cost of the insurance. (3) Refrain from any use that would be reasonably offensive to other tenants or owners or users of neighboring premises or that would tend to create a nuisance or damage the reputation IIC Page 3 - Commercial Lease of the premises. EXHIBIT 4 Pa~e ¥ of /(~ (4) Refrain from loading the electrical system or floors beyond the point considered safe by a competent engineer or architect selected by Landlord. (5) Refrain from making any marks on or attaching any sign, insignia, antenna, aerial, or other device to the exterior or interior walls, windows, or roof of the premises without the written consent of Landlord, which consent shall not be withheld unreasonably. (6) Tenant shall not cause or permit any Hazardous Substance to be spilled, leaked, disposed of, or otherwise released on or under the Premises. Tenant may use or otherwise handle on the Premises only those Hazardous Substances typically used or sold in the prudent and safe operation of the business specified in Section 3.1. Tenant may store such Hazardous Substances on the Premises only in quantities necessary to satisfy Tenant's reasonably anticipated needs. Tenant shall comply with all Environmental Laws and exercise the highest degree of care in the use, handling, and storage of Hazardous Substances and shall take all practicable measures to minimize the quantity and toxicity of Hazardous Substances used, handled, or stored on the Premises. Upon the expiration or termination of this Lease, Tenant shall remove all Hazardous Substances from the Premises. The term Environmental Law shall mean any federal, state, or local statute, regulation, or ordinance or any judicial or other governmental order pertaining to the protection of health, safety or the environment. The term Hazardous Substance shall mean any hazardous, toxic, infectious or radioactive substance, waste, and material as defined or listed by any Environmental Law and shall include, without limitation, petroleum oil and its fractions. Section 4. Repairs and Maintenance 4.1 Landlord's Obligations. The following shall be the responsibility of Landlord: (1) Repairs and maintenance of the roof and gutters, exterior walls (including painting), bearing walls, structural members, floor slabs, and foundation. (2) Repair of sidewalks, driveways, curbs and parking areas and areas used in common by Tenant and Landlord or tenants of other portions of the same building. (3) Repair and maintenance of exterior water, sewage, gas, and electrical services up to the point of entry to the leased Premises. (4) Repair of the heating and air conditioning system other than ordinary ~naintcnanc~. 4.2 Tenant's Obligations. The following shall be the responsibility of Tenant: Page 4 - Commercial Lease I1C I~XHIBIT_ /'~ Page .,~ of ~ (1) Repair of interior walls, ceilings, doors, windows, and related hardware, light fixtures, switches, and wiring and plumbing from the point of entry to the premises~~[~t (2) Any repairs necessitated by thc negligence of Tenant, its agents, employees, and invitees, except as provided in Section 6.2 dealing with waiver of subrogation, but including repairs that would otherwise be the responsibility of Landlord under Section 4.1. (3) Ordinary Maintenance of the heating and air conditioning system ~and any repairs necessary because of improper maintenance. (4) Any repairs or alterations required under Tenant's obligation to comply with laws and regulations as set forth in SeCtion (5) All other repairs to the premises which Landlord is not required to make under Section 4.1. 4.3 Landlordts Interference with Tenant. In performing any repairs, replacements, alterations, or other work performed on or around the Premises, Landlord shall not cause unreasonable interference with use of the Premises by Tenant. Tenant shall have no right to an abatement of rent nor any claim against Landlord for any inconvenience or disturbance resulting from Landlord's activities performed in conformance with the requirement of this provision· 4.4 Reimbursement for Repairs Assumed. If either party fails or refuses to make repairs that are required by this Section 4, the other party may make the repairs and charge the actual costs of repairs to the first party. Such expenditures by Landlord shall be reimbursed by Tenant on demand together with interest at the rate of 9 % per annum from the date of expenditure by Landlord. Such expenditures by Tenant may be deducted from rent and other charges subsequently becoming due or, at Tenant's election, collected directly from Landlord, together with interest at the rate of 9 % per annum from the date of expenditure. Except in an emergency creating an immediate risk of personal injury or property damage, neither party may perform repairs which are the obligation of the other party and charge the other party for the resulting expense unless the defaulting party is given notice in writing under Section 13·2 outlining with reasonable particularity the repairs required, and such party fails within the time to initiate such repairs in good faith. 4.5 Inspection of Premises, Landlord shall have the right to inspect the Premises at any reasonable time or times to determine the necessity of repair. Whether or not such inspection is made, the duty of Landlord to make repairs shall not mature until a reasonable time after Landlord has received from Tenant written notice of the repairs that are required. llC Page 5 - Commercial Lease Section 5. Alterations Page ...~ of - / ~ 5.1 Alterations Prohibited. Tenant shall make no improvements or alterations on the l'remises without Landlord's written consent, which consent will not be unreasonably withheld. All alterations shall be made in a good and workmanlike manner, and in compliance with applicable laws and building codes. As used herein, "alterations" includes the installation of computer and telecommunications wiring, cables, and conduit. 5.2 Alterations Required. Thc improvements and alterations delineated on the plans and specificationswork s~hcc~ attached to and made a part of this lease shall be performed by the party designated and within the time stated in the :plan~and~s~ifio~0~ or under the terms of this lease. llC 5.4 Ownership and Removal of Alterations. All improvements and alterations performed on the Premises by either Landlord or Tenant shall be the property of Landlord when installed unless the applicable Landlord's consent or specifically provides otherwise. Improvements and alterations installed by Tenant shall, at Landlord's option, be removed by Tenant and the premises restored unless the applicable Landlord's consent or PlUmb. nd 'specifi~tiOnSwork sheet specifically provides otherwise. Section 6. Insurance 6.1 Insurance Required. Landlord shall keep the Premises insured at Landlord's expense against fire and other risks covered by a standard fire insurance policy with an endorsement for extended coverage · lgllall[ ~[1~..,~.3 tkJ [Jo_~' 11.3 ldlld lak.ea ~ll~l. lC lkJl ~UCll IIIDUI~IlIL,~,. Tenant shall bear the expense of any insurance insuring the property of Tenant on the Premises against such risks. 6.2 Waiver of Subrogation. Neither party shall be liable to the other (or to the other's Page 6 - Commercial Lease Paye ._.L?__ of. / successors or assigns) for any loss or damage caused by fire or any of the risks enumerated in a standard fire insurance policy with an extended coverage endorsement, and in the event of insured loss, neither party's insurance company shall have a subrogated claim against the other. This waiver shall be valid only il' tile insurance policy in question expressly permits waiver of subrogation or it: tile insurance company agrees in writing that such a waiver will not affect coverage under the policies. Each party agrees to use best efforts to obtain such an agreement from its insurer if the policy does not expressly permit a waiver of subrogation. Section 7. Taxes; Utilities 7.3 Contest of Taxes. ~' ...... '--" '- .... :"~-' to,.,..,,,,.=~ ........ uh¢ ........,_,,~' any .... ,~. or 7 4 Proration ~" Taxes · UI . ll,.,llallt 3 311~I1~. ut I[.dl [/IUI, JI~IL~Y IXIA~..~3 ~lllkl d33UaDlllUllt3 IUI tll~ taxes~ f0 ~,~ .LlhesPrcm!,s ~mnder~O!~i.~.07{~.~T.:~tslSSp. a~eit~~Td~Y~~tth~ 7.5 New Charges or Fees. If a new charge or fee relating to the ownership or use of the Premises or the receipt of rental therefrom or in lieu of property taxes is assessed or imposed, then, to the extent permitted by law, Tenant shall pay such charge or fee. Tenant, however, shall have no obligation to pay any income, profits, or franchise tax levied on the net income derived by Landlord from this lease. 7.6 Payment of Utilities Charges. Tenant shall pay when due all charges for services and utilities incurred in connection with the use, occupancy, operation, and maintenance of the Premises, including (but not limited to) charges for filel water *,,q electricity, sewage disposal, power, refrigeration, air conditioning, telephofl,e, and janitorial services. If any utility services Page 7 - Commercial Lease llC Page ~ of_/~ -- are provided by or through Landlord, charges to Tenant shall be comparable with prevailing rates for comparable services. If the charges are not separately metered or stated, Tenant shall pay its pro rata share of such utilities. Section 8. Damage and Destruction 8.1 Partial Damage. If the Premises are partly damaged and Section 8.2 does not apply, the Premises shall be repaired by Landlord at Landlord's expense. Repairs shall be accomplished with all reasonable dispatch subject to interruptions and delays from labor disputes and matters beyond the control of Landlord and shall be performed in accordance with the provisions of Section 4.3. 8.2 Destruction. If the Premises are destroyed or damaged such that such that the cost of repair exceeds 40% of the value of the structure before the damage, either party may elect to terminate the lease as of the date of the damage or destruction by notice given to the other in writing not more than 45 days following the date of damage. In such event all rights and obligations of the parties shall cease as of the date of termination, and Tenant shall be entitled to the reimbursement of any prepaid amounts paid by Tenant and attributable to the anticipated term. If neither party elects to terminate, Landlord shall proceed to restore the Premises to substantially the 'same form as prior to the damage or destruction. Work shall be commenced as soon as reasonably possible and thereafter shall proceed without interruption except for work stoppages on account of labor disputes and matters beyond Landlord's reasonable control. 8.3 Rent Abatement. Rent shall be abated during the repair of any damage to the extent the premises are untenantable, except that there shall be no rent abatement where the damage occurred as the result of the fault of Tenant. 8.4 Damage Late in Term. If damage or destruction to which Section 8.2 would apply occurs within one year before the end of the then-current lease term, Tenant may elect to terminate the lease by written notice to Landlord given within 30 days after the date of the damage. Such termination shall have the same effect as termination by Landlord under Section 8.2. Section 9. Eminent Domain IIC 9.1 Partial Taking. If a portion of the Premises is condemned and Section 9.2 does not apply, the lease shall continue on the following terms: (1) Landlord shall be entitled to all of the proceeds of condemnation, and Tenant shall have no claim against Landlord as a result of the condemnation. (2) Landlord shall proceed as soon as reasonably possible to make such repairs and alterations to the Premises as are necessary to restore the remaining Premises to a condition as comparable as reasonably practicable to that existing at the time of the condemnation. Page 8 - Commercial Lease Page ~ / (3) After the date on which title vests in the condemning authority or an earlier date on which alterations or repairs are commenced by Landlord to restore the balance of the Premises in anticipation of taking, the rent shall be reduced in proportion to the reduction in value of the Premises as an economic unit on account of the partial taking. If the parties are unable to agree on the amount of the reduction of rent, the amount shall be determined by arbitration. (4) If a portion of Landlord's property not included in the Premises is taken, and severance damages are awarded on account of the Premises, or an award is made for detriment to the Premises as a result of activity by a public body not involving a physical taking of any portion of the Premises, this shall be regarded as a partial condemnation to which Sections 9.1(1) and 9.1(3) apply, and the rent shall be reduced to the extent of reduction in rental value of the Premises as though a portion had been physically taken. 9.2 Total Taking. If a condemning authority takes all of the Premises or a portion sufficient to render the remaining premises reasonably unsuitable for the use that Tenant was then making of the premises, the lease shall terminate as of the date the title vests in the condemning authorities. Such termination shall have the same effect as a termination under Section 8.2. Landlord shall be entitled to the condemnation proceeds received, and Tenant shall have no claim against Landlord as a result of the condemnation. 9.3 Sale in Lieu of Condemnation. Sale of all or part of the premises to a purchaser with the power of eminent domain in the face of a threat or probability of the exercise of the power shall be treated for the purposes of this Section 9 as a taking by condemnation. Section 10. Liability and Indemnity 10.1 Liens (1) Except with respect to activities for which Landlord is responsible, Tenant shall pay as due all claims for work done on and for services rendered or material furnished to the Premises, and shall keep the Premises free from any liens. If Tenant fails to pay any such claims or to discharge any lien, Landlord may do so and collect the cost as additional rent. Any amount so added shall bear interest at the rate of 9% per annum from the date expended by Landlord and shall be payable on demand. Such action by Landlord shall not constitute a waiver of any right or remedy which Landlord may have on account of Tenant's default. (2) Tenant may withhold payment of any claim in connection with a good-faith dispute over the obligation to pay, as long as Landlord's property interests are not jeopardized. If a lien is filed as a result of nonpayment, Tenant shall, within 10 days after knowledge of the filing, secure the discharge of the lien or deposit with Landlord cash or sufficient corporate surety bond or other surety satisfactory to Landlord in an amount sufficient to discharge the lien plus any costs, attorney fees, and other charges that could accrue as a result of a foreclosure or sale under the lien. llC Page 9 - Commercial Lease EXHIBIT.. /~ Page ~ of ~ 10.2 Indemnification. ~,.,,.,,L ~,,.. ,.ut.,...y .m,~ ~,~,,u ~.~,~,u f,~,...y claim, toss. ,,, l,a~ty ~, '~,,,v ,,~, ~ ,,, ,~l~,~d., ~,,~ ~,,~,,y of Tenam on ,he Premises or any condit~o. ~t from any -'-:-- ' ..... ':-~:': ..... · ' ,,....y ~, damage arising, ,,,~u,-'., --',~,~cu ......., any activily ~~ Ten~t ~shag~gOt~,a~°w ~Y';lle-~:io~.a~ch'.tO' ~e ~build~O~{~t~ig6S::;~g ~a: reset no ..liab~i¢:~to ~Te~C~bfi~se?0f lOsS o~, d~ge~eff~ bY; '~e~e~o~6ffii~io~ ~6~;~-o~e tenants~ of ~e bUild~g. 10.3 I. iability Insurance. l.~.,x~ going, into possession of the ~----:--- ~OC~C .... ~ .L .... c.__ ~.._:__ . . ,u~u tuc~a,tc~ uu] .~g thc {C~fi Ot .L_ ~ ..... L_~ COfitiFIU~ tO Ca~ .L~ V--n .... :__ ' ,,,,,,, any one occurrence, m a ,~},~,,~,~,~ company wihh coverage fbr ~:'-' injur~ unfitly ul lnun~tiy uut wt ~nal~t ~ activities on or on account of't~ ~,:__.: .......... "by w ..... zu uay~ written -~': .... ' ~-"--' ---: .... any _k ........... ,,_.:__ _~_,, ~_ ~.__:_~_ or;emPloY~s;iafimal or. hlleg~i:and M:MEappeals~et0ffom. Section 11. Quiet Enjoyment; Mortgage Priority 11.1 Landlord's Warranty. Landlord warrants that it is the owner of the Premises and has the right to lease them. Landlord will defend Tenant's right to quiet enjoyment of the Premises from the lawful claims of all persons during the lease term. 11.2 Mortgage Priority. The Premises may become subject to a real estate mortgage or deed of trust. Tenant agrees to subordinate its interest to that of the mortgagee or beneficiary upon agreement by the mortgagee or beneficiary that the rights of Tenant under the Lease will be recognized so that in the event of foreclosure of the mortgage or deed of trust, this Lease will remain in effect according to its terms and Tenant's possession will not be disturbed as long as Tenant is in compliance with this Lease. 11.3 Estoppel Certificate. Either party will, within 20 days after notice from the other, execute and deliver to the other party a certificate stating whether or not this lease has been ' IIC Page 10 - Commercial Lease EXHIBIT /~ Page -/..J.-- of /6' modified and is in full force and effect and specifying any modifications or alleged breaches by the other party. The certificate shall also state the amount of monthly base rent, the dates to which rent has been paid in advance, and the amount of any security deposit or prepaid rent. Failure to deliver the certificate within the specified time shall be conclusive upon the party from whom the certificate was requested that the lease is in full force and effect and has not been modified except as represented in the notice requesting the certificate. Section 12. Assignment and Subletting No part ol' the Premises [nay be assigned, mortgaged, or subleased, nor may a right of use ol' any portion of the property be conferred on any third person by any other means, without the prior written consent of Landlord, which consent shall not be withheld unreasonably. This provision shall apply to all transfers by operation of law. However, this provision shall not apply to any transfer by Tenant to another corporation, partnership or limited liability company, which has the same majority voting interest as Tenant. No consent in one instance shall prevent the provision from applying to a subsequent instance. In determining whether to consent to assignment, Landlord may consider the following factors, among others: financial ability of assignee; business experience of assignee; use of the premises. Section 13. Default The following shall be events of default: 13.1 Default in Rent. Failure of Tenant to pay any rent or other charges within 10 days after written notice that it is due. 13.2 Default in Other Covenants. Failure of Tenant to comply with any term or condition or fulfill any obligation of the lease (other than the payment of rent or other charges) within 20 days after written notice by Landlord specifying the nature of the default with reasonable particularity. If the default is of such a nature that it cannot be completely remedied within the 20-day period, this provision shall be complied with if Tenant begins correction of the default within the 20-day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. 13.3 Insolvency. Insolvency of Tenant; an assignment by Tenant for the benefit of creditors; the filing by Tenant of a voluntary petition in bankruptcy; an adjudication that Tenant is bankrupt or the appointment of a receiver of the properties of Tenant; the filing of any involuntary petition of bankruptcy and failure of Tenant to secure a dismissal of the petition within 30 days after filing; attachment of or the levying of execution on the leasehold interest and failure of Tenant to secure discharge of the attachment or release of the levy of execution within 10 days shall constitute a default. If Tenant consists of two or more individuals or business entities, the events of default specified in this Section 13.3 shall apply to each individual unless within 10 days after an event of default occurs, the remaining individuals produce evidence satisfactory to Page 11 - Commercial Lease llC Landlord that they have unconditionally acquired the interest of the one causing the default. If the lease has been assigned, the events of default so specified shall apply only with respect to the one then exercising the rights of Tenant under the lease. 13.4 Abandonment. Failure of Tenant for seven days or more to occupy the Premises for one or more of the purposes permitted under this lease, unless such failure is excused under ottl~ provisions of this lease. ~ection 14. Remedies on Default 14.1 Termination. In the event of a default the lease may be terminated at the option of Landlord by written notice to Tenant. Whether or not the lease is terminated by the election of Landlord or otherwise, Landlord shall be entitled to recover damages from Tenant for the default, and Landlord may reenter, take possession of the premises, and remove any persons or property by legal action or by self-help with the use of reasonable force and without liability for damages and without having accepted a surrender. I ' i~"~i~-' ...... '"' 14.2 Reletting. Following reentry or abandonment, Landlord may relet the Premises and in that connection may make any suitable alterations or refurbish the Premises, or both, or change the character or use of the Premises, but Landlord shall not be required to relet for any use or purpose other than that specified in the lease or which Landlord may reasonably consider injurious to the Premises, or to any tenant that Landlord may reasonably consider objectionable. Landlord may relet all or part of the Premises, alone or in conjunction with other properties, for a term longer or shorter than the term of this lease, upon any reasonable terms and conditions, including the granting of some rent-free occupancy or other rent concession. 14.3 Damages. In the event of termination or retaking of possession following default, Landlord shall be entitled to recover immediately, without waiting until the due date of any future rent or until the date fixed for expiration of the lease term, the following amounts as damages: (1) The loss of rental from the date of default until a new tenant is, or with the exercise of reasonable efforts could have been, secured and paying out. (2) The reasonable costs of reentry and reletting including without limitation the cost of any cleanup, refurbishing, removal of Tenant's property and fixtures, costs incurred under Section 14.5, or any other expense occasioned by Tenant's default including but not limited to, Page 12 - Commercial Lease EXHIBI Page ~ any remodeling or repair costs, attorney fees, court costs, broker commissions, and advertising costs. (3) Any excess of the value of the rent and all of Tenant's other obligations under this lease over the reasonable expected return from the premises for the period commencing on the earlier of the date of trial or the date the premises are relet, and continuing through the end of the term. The present value of future amounts will be computed using a discount rate equal to the prime loan rate of major Oregon banks in effect on the date of trial. 14.4 Right to Sue More than Once. Landlord may sue periodically to recover damages during the period corresponding to the remainder of the lease term, and no action for damages shall bar a later action for damages subsequently accruing. 14.5 Landlord's Right to Cure Defaults. If Tenant fails to perform any obligation under this lease, Landlord shall have the option to do so after 30 days' written notice to Tenant. All of Landlord's expenditures to correct the default shall be reimbursed by Tenant on demand with interest at the rate of 9% annum from the date of expenditure by Landlord. Such action by Landlord shall not waive any other remedies available to Landlord because of the default. 14.6 Tenants Right to Cure Defaults. If Landlord fails to perform any obligation under this Lease, Tenant shall have the option to do so after 30 days' written notice to Landlord. Tenant may be collect the amounts due directly from Landlord with interest at the rate of 9 % per annum from the date of expenditure by Tenant. Such action by Tenant shall not waive any other remedies available to Tenant because of the default. 14.7 Remedies Cumulative. The foregoing remedies shall be in addition to and shall not exclude any other remedy available to Landlord under applicable law. Section 15. Surrender at Expiration 15.1 Condition of Premises. Upon expiration of the lease term or earlier termination, Tenant shall deliver all keys to Landlord and surrender the Premises in first-class condition and broom clean, depreciation and ordinary wear and tear excepted, but repairs for which Tenant is responsible shall be completed to the last practical date before surrender. Tenant's obligations under this section shall be subordinate to the provisions of Section 8 relating to destruction. 15.2 Fixtures (1) All fixtures placed upon the Premises during the term, other than Tenant's trade fixtures, shall, at Landlord's option, become the property of Landlord. If Landlord so elects, Tenant shall remove any or all fixtures that would otherwise remain the property of Landlord, and shall repair any physical damage resulting from the removal. If Tenant fails to remove such fixtures, Landlord may do so and charge the cost to Tenant with interest at the legal rate from the IIC Page 13 - Commercial Lease date of expenditure. Pa~o_ O~ (2) Prior to expiration or other termination of the lease term Tenant shall remove all furnishings, furniture, and trade fixtures that remain its property. If Tenant fails to do so, this shall be an abandonment of the property, and Landlord may retain the property and all rights of Tenant with respect to it shall cease. 15.3 Holdover (1) If Tenant does not vacate the Premises at the time required, Landlord shall have the option to treat Tenant as a tenant from month to month, subject to all of the provisions of this lease except the provisions for term and renewal and at a rental rate equal to 150 percent of the rent last paid by Tenant during the original term, or to eject Tenant from the Premises and recover damages caused by wrongful holdover. Failure of Tenant to remove fixtures, furniture, furnishings, or trade fixtures that Tenant is required to remove under this lease shall constitute a failure to vacate to which this section shall apply if the property not removed will substantially interfere with occupancy of the Premises by another tenant or with occupancy by Landlord for any purpose including preparation for a new tenant. (2) If a month-to-month tenancy results from a holdover by Tenant under this Section 15.3, the tenancy shall be terminable at the end of any monthly rental period on written notice from Landlord given not less than 10 days prior to the termination date which shall be specified in the notice. Tenant waives any notice that would otherwise be provided by law with respect to a month-to-month tenancy. Section 16. Miscellaneous 16.1 Nonwaiver. Waiver by either party of strict performance of any provision of this lease shall not be a waiver of or prejudice the party's right to require strict performance of the same provision in the future or of any other provision. 16.2 Attorney Fees. If suit, action or arbitration is instituted in connection with any controversy arising out of this lease, including any proceedings under the United States Bankruptcy Code, as amended, the prevailing party shall be entitled to recover in addition to costs such sum as the arbitrator, judge or court determines reasonable as attorney fees at arbitration or trial, on petition for review, and on appeal. 16.3 Notices. Any notice required or permitted under this lease shall be given when actually delivered or 48 hours after deposited in United States mail as certified mail addressed to the address first given in this lease or to such other address as may be specified from time to time by either of the parties in writing. Page 14 - Commercial Lease EXHIBIT- /~ Page /~ of /~ 16.4 Succession. Subject to the above-stated limitations on transfer of Tenant's interest, this lease shall be binding on and inure to the benefit of the parties and their respective successors and assigns. 16.5 Recordation. Landlord shall execute and acknowledge a memorandum of this lease in a form suitable for recording, and Tenant may record the memorandum. Tenant shall pay the recording costs. 16.6 Entry for Inspection. Landlord shall have the right to enter upon the Premises at any time to determine Tenant's compliance with this lease, to make necessary repairs to the building or to the Premises, or to show the Premises to any prospective tenant or purchaser, and in addition shall have the right, at any time during the last two months of the term of this lease, to place and maintain upon the Premises notices for leasing or selling of the Premises. 16.7 Interest on Rent and Other Charges. Any rent or other payment required of Tenant by this lease shall, if not paid within 10 days after it is due, bear interest at the rate of 9% per annum (but not in any event at a rate greater than the maximum rate of interest permitted by law) from the due date until paid. In addition, if Tenant fails to make any rent or other payment required by this lease to be paid to Landlord within five days after it is due, Landlord may elect to impose a late charge of five cents per dollar of the overdue payment to reimburse Landlord for the costs of collecting the overdue payment. Tenant shall pay the late charge upon demand by Landlord. Landlord may levy and collect a late charge in addition to all other remedies available for Tenant's default, and collection of a late charge shall not waive the breach caused by the late payment. 16.8 Proration of Rent and other Charges. In the event of commencement or termination of this lease at a time other than the beginning or end of one of the specified rental periods, then the rent and other charges shall be prorated as of the date of commencement or termination and in the event of termination for reasons other than default, all prepaid rent and other charges shall be refunded to Tenant or paid on its account. Tenant shall have the right to reasonably review supporting data for Landlord's proration of rent, utilities, insurance, taxes and assessments. 16.9 Time of Essence. Time is of the essence of the performance of each of Tenant's obligations under this lease. Section 17. Mediation and Arbitration 17.1 Mediation. In the event of a dispute between the parties arising out of or relating to this Lease, the parties agree to submit such dispute to a mediator agreed to by the parties as soon as practicable after the dispute arises, and preferably before commencement of litigation or arbitration. The parties agree to exercise their best efforts in good faith resolve all disputes in mediation. llC Page 15 - Commercial Lease Page ~ of 17.2 Disputes to Be Arbitrated. If any dispute arises between the parties with respect to any matter or thing arising out of, or in any way relating to this lease, except with respect to actions to renter or take possession of the premises, or other statutory or equitable actions, not as an exclusive remedy, and only upon the mutual agreement of Landlord and Tenant to do so, such dispute or difference may be referred to arbitration. The parties shall mutually select an arbitrator. If the parties can not agree on an arbitrator, then each party shall select one competent person, and those two individuals will then select a third neutral person to act as arbitrator. The arbitrator should have experience in commercial real estate. 17.3 Procedure for Arbitration. The arbitration shall proceed according to the Oregon statutes governing arbitration, and the award of the arbitrator shall have the effect therein provided. The arbitration shall take place in the county where the leased premises are located. Costs~o f the:, arbitrati~n!~sha~l~shared~eq~y~by~the:~p~tie~b~t~eae~i~arty~~y~its ?0~ attorney~, fees-4n~rr~ iiff ~6~ection-wittii~ihO~arbi~atioii~ Landlord: Ira Gordon Daniel M. Oredson Val A. Yanagihara Clifford B. Dart, Trustee under the Clifford B. Dart Declaration of Trust Dated July 6, 1989 Tenant: By: Title Page 16 - Commercial Lease EXHIBIT Page * .... ~-~ .............. ~- ' .... ~-'-~ '~ bctw¢¢n '-- Go~don ~llii~l ~ glilU LlliiUiU P) -~ i iUSt~g UliUgi Ui~ LililUiU U, l.]~lii ~glllidLIgll Ol~ iiU~[ L/dt~U JtJl~ tJ~ i~O~ ~gll~k~tl¥~i~ i~i~il~U lU (l~ L~IiUIUIU~ dilU ~lt~ Lanu~ulu a cxpeRse t uunu uut y. I1C Dard¢l M. Orcdson Page 17 - Commercial Lease EXHIBI. T~-. -/'~ Page ~ of llC Tenant: Page 18 - Commercial Lease EXHIBIT -- -~ ~age _.Z__ of ATTACHMENT 2 CITY'S MODIFICATIONS COMMERCIAL LEASE Page_~'- of Date: Ft~'am3r~ ,1999 Between: Ira Gordon, Daniel M. Oredson, Val A. Yanagihara and Clifford B. Dart, Trustee under the Clifford B. Dart D~laration of Trust dated luly 6, 1989 c/o Key Investment Propertie~, Inc. 7150 SW Fir Loop Road, Suite 214 Tigard, OR 97223 ("Landlord") 270 Montgomery Street Woodburn, OR 97071 ("Tenant") Landlo.r.d leases to Te~t and Tenant leases ~o~,.~lo..r,,.,.d:...a..p.p...roximatelv 2642.71 s~uare (the "Premises") on the following described real property on the terms and conditions stated below: See Exhibit "A" Street Address: Mall 99 Shopping Center, 986 N. Highway 99, Woodburn, Oregon. Section 2. Rent 2.1 Bnse Rent. During the original term, Tenant shall pay to Landlord as base rent the sum of $3·.,4..,.8:.:8 .p...,,~r month. Rent~ without offset or deduction, ~~ i?..?.-~!~i:J~i~.5 !~i ?~::::~i:i:i.5:::::~:::::!::':~:?-?..::i:i::::'.1': · ~>5:~ ",-~: · s:Y. et.~ ?,; ~:-::::~-::?.;:?~:::::::::::~:':i:!:i:>-i:i~:i:'~i:i.::i,1: ................ ~~i~ii~~~~]}ishall be payable on the first day of each month in advance at such place as may be designed by Landlord. 2.5 Option. If Tenant is not in default of any of its obligations under thc Lease, Tenant shall have an option to renew this Lease if it provides the Landlord written notice no less than six (6) months before the end of the term of the Lease. The terms and conditions of the Lease for the renewal term shall be identical to the orisinal term, except for rent and except that Tenant will no longer have an option to renew this Lease. R~iit roi ~ ,~,,~.,~ ~,,,, o.~, b~ ,.~, 3.1 Permitted Use. The Premises shall be used as a police station, or similar city administrative facility, and for no o~e~.~ose ~h~.~t~Lh~.e .~nsent of Landlord. which consent I1C 3.3 Parking and Access. Landlord guarantees to Tenant for the term of this Lease, and any extension of this Lease, for the benefit of Tenant, the right, in common with other tenants of the shopping center and their employees, agents, customers, and invitees, to use the parking area. During the term of this Lease and any extension of this Lease, Landlord shall cause the parking area to be properly operated and maintained and all entrances, exits, driveways, and walkways kept in good repair, such operation and maintenance to include, but not be limited to, lighting, traffic control, removal of snow, ice, rubbish, debris, and surfacing and resurfacing with a hard surface. 1 iC Section 4. Repairs and Maintenance 4.1 Landlord's Obligations. The following shall be the responsibility of the Landlord: Repairs and maintenance of the roof and gutters, exterior walls (including p.~nting), bearipg wails, structural members, floor slabs and foundation, (4) Repair of the heating and air conditioning system 4.2 Tenant's Obligations. The following shall be the responsibility of Tenant: Repair of interior walls, ceiling, doors, windows, and related hardware, light fixtures, switches, ~ and plumbing ~!~!~:~:i~ ......... frora ;I~.¢ poln; of ¢ii~i-y ~o ~li~ 5.3 Financing Alterations. The Landlord shall not be obligated to proceed with any construction unless and until financing a~pt.ab!.e I0 !~andlord is obtained. Should such financing · ' · _:__ /,-x ..... ~_ ili~i:':iiii~i:::~i:Sii::ii:i~!::'?::i'::::~i'i:':'iiiii~511~ill . not be obtmnable w~thin o,,, ~,,] ,,,,,,,,,,s ~i::~i::~ al~er completion of final plans and specifications, Landlord may so notify Tenant in writing, and this Lease shall thereupon cease and terminate and each of the parties hereto shall be released and discharged from any and all liability and responsibility hereunder. If Landlord can obtain financing only upon the basis of modifications of the terms and provisions of the Lease, the Landlord shall have the right to cancel this Lease if the Tenant refuses to approve in writing any such modification within thirty (30) days at, er Landlord's request therefor, which request may not be made after delivery of possession. If 2 EXHIBIT, /~ Page ~ of -.%-- such right to cancel is exercised, this Lease shall thereafter be null and void, any money or security deposited hereunder shall be returned to Tenant, and neither party shall have any liability to the other by reason of such cancellation. llC Section 12. Assignment and Subletting No part of the Premises may be assigned, mortgaged, or subleased, nor may a fight of use of any portion of the property be conferred on any third person by any other means, without the prior written consent of Landlord, which consent shall not be withheld unreasonable. This provision shall apply to all transfers b o eration of law. However, this provision shall not apply to any transfer by Tenant to ~:~ .... L .................... ,_ :_ __ ,:__..._ _, ,:_,_ :,:~_ ~.,tglllp~iJly, WI[I~,~II I1~ [11~ ~l~l~ie .~JaJU~lty vuu~,~ t~t~Ot ~ · ~,~as~t. NO consent in one instance shall prevent the provision from applying to a subsequent instance. In determining whether to consent to assignment, Landlord may consider the following factors, among others: financial ability of assignee; business experience of assignee; use of the premises. 14.1 Termination. In the event of a default the Lease may be terminated at the option of Landlord by written notice to Tenant. Whether or not the lease is terminated by the election of Landlord or otherwise, Landlord shall be entitled to recover damages from Tenant for the default, and Landlord may reenter, take possession of the premises, and remove any persons or property E'XHIBIT~_ Page -..-v._of_ by legal action or by self-help with the use of reasonable force and without liability for damages and without having accepted a surrender. "-" .... :__ .L_ ~L.._. _...,~ ........ Tenant shall have the right to terminate this Lease not less than 90 days before providing the Landlord written notice of its intent to do so in the event the City's revenues are adversely affected, by eCOrlOr, f,¢ ¢ondifio,qs, and the City is required to curtail its business services, reduce staff and office space, In the event the Lease is terminated by the Tenant under the previous sentence, Tenant shall pay Landlord the unamortized portion of all of Landlord's Tenant improvement costs. 14.2 Reletting. Following reentry or abandonment, Landlord may relet the Premises and in that connection may make any suitable alterations or refurbish the Premises, or both, or change the character or use of the Premise, but Landlord shall not be required to relet for any use or purpose other than that specified in the lease or which Landlord may reasonable consider injurious to the Premise, or to any tenant that Landlord may reasonably consider objectionable. Landlord may relet all or part of the Premises, alone or in conjunction with other properties, for a term longer or shorter than the term of the lease, t/pon any reasonable terms an~iconditions?~ includi0g the granting of some rent-free occgpan~ or other re~t concession. ~!~ili~iii~ 14.5 Landlord's Right to Cure Defaults. If Tenant fails to perform any obligation under this lease, Landlord shall have the option to do so after 30 days' written notice to Tenant. All of Landlord's expenditures to correct the default shall be reimbursed by Tenant on demand with interest at the rate of 9°/3 annum from the date of expenditure by Landlord. Such action by ~.~!.~!~....§.!).~]...!39!;.~giy~..an7 0thai .[~n3~dies.!~¥ailable to Landlord because of the default. lid TO: FROM: SUBJECT: DATE: MEMO City Council ~ Assistant City Engineer through Public Works Director ~ Contract #3, Woodburn Wastewater Treatment Plant Expansion April 6, 1999 RECOMMENDATION: That James W. Fowler Company be awarded Contract #3 in the amount of' $17,420,298.44. BACKGROUND: Contract #3 is to construct the remaining components of the Woodburn Wastewater Treatment Plant, Phase I. Those components include secondary clarifiers, aeration basins, and an ultra violet ray disinfection complex. All of the systems have associated piping, electrical installations, monitoring systems, safety requirements and access roads for maintenance purposes. Also, the existing digesters (two) will have their sludge mixing devices removed and replaced with up to date mixer systems. Documents for Contract #3 were advertised in accordance with regulations of the State of Oregon and bids were opened at 2:00 p.m. on March 25, 1999. These are the results: 1. James W. Fowler Co. $17,402,298.44 2. Slayden Construction $17,467,000.00 3. Contractors, Inc. $18,020,145.00 4. O.C. America $22,463,000.00 Engineer's Estimate $18,500,000.00 Since the lowest bidder, James W. Fowler Company, is 5.93% below the Engineer's estimate, the contract award is recommended. It should be noted that the second low bidder is only 0.37% above the lowest bid and the third bid is only 3.28% above the lowest bid. No doubt it represents a good competitive environment and good engineering plans for the development of the bids. liE MEMO To: From: Subject: Date: City Administrator for Council Action Randy Scott, C.E. Tech III Through the Public Works Director Right-of-Way Dedication, Arney Road. April 6, 1999 RECOMMENDATION: It is being recommended that the City Council accept the Right-of-Way as described on Attachment "C". BACKGROUND: The right-of-way is being conveyed by the Moore Clear Company for the Amey Road realignment to Woodland Avenue in conjunction with the Woodbum Company Stores Project. The 5024 square feet of land will provide staff sufficient area to extend the box culvert and to increase the centefline curve radius providing a straighter, better alignment for the proposed realigned portion of Arney Road. The Moore Clear Company has conveyed the right-of-way to the City for the standard fee of $1.00. Included as attachment "A" is a vicinity map Included as attachment "B" is a map showing the location of the right-of-way dedication Included as attachment "C" is the properly signed bargain and sale deed. ATTACHMENT "A" llE I Illllllllllll I I I I I IJJ ~Y. ,.'?, ...!i'i ' WOODBURN SUBJECT AREA VICINITY MAP <(0 O0 O0 LdO 1251-- II ,-:wi ATTACHMENT "B" SUBJECT AREA" llE \ t9'9/_ t Ol tO0'~;~ :L2S-I_-IO g'~/__+9 t :VJ_S cr'O i O0+f- o,,2,,,o, ,,:50 ATTACHMENT "C" N! IAIGAIN AND sAJ. E O~d~0 KNOW ~L MEN BY THESE PRESENTS, That ~.O.Q~ . ~ ~.~.a.~...~.~Y ,.. ~n ............. O.~.e.qo~. Co r~.ox.a~.~Q~ .................................................................................................. lot the consideration her~inMter Mated, d~s hereby ~r~t, ~r~ain, ~11 and convey unto.....~e C ~ ~ ..................... .. of...H.oodbugn, a .R~XcLp.aL..Go~.~.or.aC. ion ............................................................................. ~relnalrer called ~rantee, ~d unto ~rantee's heirs, eu~ssors and as~i~na ~ll o[ tha~ ~rtain real proper~ with tho tenements, heredltam,nts and appurtenances thereunto belondlng or in anywiz~ ~ppeltalnln~. ~tuated in the County of .. ~O~ ................ State el Ore,n, described as [ollowe, to-wit: A strip of land for road way purposes, located in the William Darst 0on~tJon Land Claim No. 60, in the Northwest Quarter Section 12, Township 5 South, Rpnge 2 West, of the Willamette Meridian, Marion County, Oregon, being more particularly described a~ follows; Beginning at a point 422.21 feet, North 0° 58' East and 22.21 feet, North 0° 58' East from the Southwest comer of the William Darst Donation Land Claim No. 60, said point also being the most Southwesterly comer of that certain tract of land conveyed to the Moore Clear Co. by deed Reel 512, Page 283, Marion County Deed Records; Thence Northeasterly on the North line of Frontage Road connecting to County Road 511, also known as Amey Road, 179.71 feet along the am of a 190 foot curve radius to the right, (the chord of which bears North 64° 07' 46" East, 173.09 feet ); Thence leaving said North line, on the tangent line of the said curve radius, North 88° 46' 25" West 86.00 feet; Thence perpendicular to said tangent line, North 01 o 13' 35" East 20.00 feet; Thence parallel to said tangent line, North 88°46. 25" West to a point on the West line of said Reel 512, Page 283, 68.54 feet; Thence along the said West lirte, South 00° 58' West 98.84 feet to the place of Beginning and containing 5,024 square feet of land To Have and to Hold the same unto the aaid i~rantee and grantee's he]rs, supra and assigna forever. ~ t~e ~ actual ~deratlon p~d for t~a trander, atat~ in ter~ ~ doHar~, i* $ ~.~.0 0 ....................... In ~nst~nd ~s de~ and w~re the context ~ requires, the ~n~ular ;n~udes ~s ~all ~ implied to m~e the prov~sions her~ apply equally to ~rpore~ons ~d to indJvidu~;. In Witneu Whereot, thc EranWr has executed t~s instrument this .~..day et .....~ ............... 19..~.~; ff a ~rate Erantor, it has caused its ~me to ~ ;igned ~d ~ts se~ aHixeg by an ~ticer or other person duly author. iz~ w do ~ by order o[ its ~ard ~ direvt~s. ~RIBED IN THIS IN~RUMENT IN VIO~TION OF APPLICAaLE ~ND ............................ ~15 (N~RUM~. THE PERSON ACQUIRING FEE TITLE YO THE ..... P~PER~ SHOU~ CHECK WITH THE APPROPRIATE Cl~ OR COUN~ P~NNING DEPARTMENT TO VERI~ APPROVED ~ccep~e~ by ~s ins~ment wa~ acknowledged ~lore me o~ .................................................. ,1~ ........ the Woodburn -.. ,, ......... ....... a. .......... ............... ~ ........ ' .......................... gt~y Public 535 Third Street q.;,~....o,.~.,..~.o, oa~ n ..................... 270 Hont9omery. S~..ee~ .......................................... we .o. ii'L' iilL"ihi"iiiili"ilil ........ Woodburn~ Q~... 97071 STATE OF OREGON, County Oi .......................................... I certity that tl~ within inatru- ment was received tot record on the .......... day el .................................. ,19 ......... at ................ o'clock ...... M., and recorded in boak/reel/~olume No ..................... on page ........................ or ,- te~/tile/imtru- ment/zrdceotilm/reception No ................. Record ot Deeds of ~id c~unty. Withe-- my hand County aMized. .................................. -- By ............................................ Deputy llE llF Apfil12,-1999 TO: FROM: SUBJECT: Mayor and City Council City Administrator Classification and Compensation Study Recommendmion: It is recommended the City Council authorize the City Administrator to execute a contract with Robert Gibson to complete a classification and compensation study for AFSCME-represented positions, for an amount not to exceed $22,320, plus expenses. Background: Last year, the City Council ratified an agreement with AFSCME-represented employees, effective October 1, 1998 to September 30, 2001. Articles 12 and 22 of the agreement obligate the City to hire an independent consultant to complete a classification and compensation study, and to reopen bargaining with AFSCME related to salaries and benefits for 1999/2000 and 2000/2001. The City will pay classification study costs. Compensation study costs are will be shared equally with AFSCME. The re-opener must be initiated by July 1, 1999, or 30 days at'ocr completion of the study. Discussion: Requests for bids to conduct the classification and salary studies were issued in February. Two bids were received, one from HR Northwest, a consulting firm that previously completed a compensation study for non-represented Woodburn employees, and one from Robert Gibson. Interviews were conducted with both on March 31, 1999. The interview panel included the City Recorder, an AFSCME representative and myself. Following the interviews, supplemental information was requested from each firm, to assist in evaluating the proposals. Both firms have extensive experience in conducting similar studies. They diff'er, however, in the approaches taken and in the amount of time spent. As proposed, the HR Northwest bid is approximately $6,000 less than Gibson's. That proposal anticipated reviewing only 60 percent of the affected positions, and would not have applied a point factor system in establishing classifications. The Gibson proposal anticipates addressing every represented position, and employs a 9-factor point system. It was determined from the supplemental information provided by HR Northwest that they would require an additional $5,000 to provide the same level of study that the Gibson proposal would provide. The interview panel unanimously agreed the Gibson proposal provides the level of attention to detail this project demands. For that reason, and despite the slightly higher cost of his proposal, it is recommended a contract be awarded to Robert Gibson to Mayor and City Council April 12, 1999 Page 2. llF conduct these studies. Typically, a professional service agreement would be presented to your Council for consideration. Because the Council approved the study by ratifying the agreement with AFSCME, and in the interest of meeting agreed-upon deadlines, it is recommended you authorize me to negotiate and execute a contract with Mr. Gibson. Financial Impact: The cost of a classification and compensation study is $22,320 with estimated additional expenses of $1,000. Study costs would be borne by the City and AFSCME in amounts of approximately $17,400 and $4,920, respectively. Approximately $8,150 of the City share is the General Fund cost. The Public Works and Transit budgets will pay the remainder. Funding for the study is included in the 1998/99 budget. JCB City of Woodburn Police Department 270 Montgomery Street ~0db OR Date: March 24, 1999 From: Ken Wright, Chief of To: Mayor and City STAFF REPORT 97071 (503) 982-2345 Through: John Brown, City Administrator Subject: Amplified Sound Request Ordinance 1900, 3, (5). The use or operation of an automatic or electric piano, phonograph, loudspeaker or sound-amplifying device so loudly as to disturb persons in the vicinity thereof or in such manner as renders the same a public nuisance; provided however, that upon application to the Council permits may be granted to responsible persons or organizations to broadcast programs of music, news speeches or general entertainment. llG The Police Department has received a sound amplification permit request from Chemekta Community College for a Cinco de Mayo celebration to be held at Chemeketa's Woodburn Campus on Wednesday, May 5th between noon and 10p.m. The event is mainly for the students and staff of Chemeketa. I have spoken to Mr. Franklin and relayed the council has historically approved sound amplification until 9 p.m. on week days. Mr. Franklin agreed. Recommendation As Thursday is a week day and Chemeketa campus borders a family residential area, the police department recommends allowing Chemeketa College the use of sound amplification equipment on May 5, 1999 between noon and 9 p.m. C -H K -rA March 19, 1999 llG Ken Wright, Chief of Police 270 Montgomery St. Woodburn, OR 97071 Mr. Wright, I am writing this letter to request a permit for amplified sound for our Cinco De Mayo Celebration at Chemeketa's Woodburn Campus on Wednesday, May 5th. The celebration is mainly for the students and staff, we do not send out invitations to the community but they are welcomed to join us. We will have a PA system for CD and Cassette music and there will be a group performing folk dances. The music would be intermittent, from noon until 10:00 p.m. Sincerely, in, Director oodburn Campus WOODBURN CENTER I 120 [ LINCOLN STREET I WOODBURN, OREGON 97071 J PHONE: 503 98t-8820 15B Memo From the Office of the City Attorney TO: JOHN BROWN, CITY ADMINISTRATOR FROM: N. ROBERT SHIELDS, CITY ATTORNEY SUBJECT: RECORDING OF LAND USE DECISIONS & CC&Rs DATE: APRIL 8, 1999 I. Scope of Memo You requested a brief memo on legal considerations relevant to the recording of land use decisions and CC&Rs. If you or the City Council require additional legal research on a particular aspect, this can be further pursued. H. Recording of CC&RS There are general state law requirements for recording CC&Rs. Most subdivisions of 20 or more lots fall under the state defmition of planned communities (ORS Chapter 94) and CC&Rs must be recorded as a matter of state law. Condominiums have similar state recording requirements. (ORS Chapter 100). The Legislature has declared that recording of CC&Rs is a matter of statewide concern and this preempts the City's local authority to require the same thing. III. Recording of Land Use Approvals and Conditiop.~ The City does have the legal authority to record its land use approvals and conditions. Most jurisdictions do not do this. However, the City of Portland does and its development code so provides. Legally, Woodburn could also pursue this practice. The best way to accomplish it would be to amend the zoning ordinance to require it and that the applicant would be required to pay the recording cost. IV. Imposing an Obligation on the Developer to Provide City a Copy of the Recorded CC&Rs The City could also legally require a land use applicant to provide the City a copy of the 15B recorded CC&Rs. This could be used to that Planning staff could be assured that what the developer states will be in the CC&Rs is actually included. The zoning ordinance could be amended to require this. V. Practical Considerations If the City determines that land use approvals and conditions will be recorded, this will place a substantial burden on Planning staff for administrative follow through. The recording of documents has exact requirements. Also, any recording encumbers the title to real property and must be carefully done. It is imperative that, if a recording requirement is imposed, Planning staff insure that complete information is provided, that conditions of approval are justifiable and in the proper form, and that recording is accomplished in a proper and timely manner. O~EGON URBAN AND COMMUNIIY FOREST COUNCIL 15C April 1, 1999 Mr. Steve Goeckdtz, Director City of Woodburn Community Development Department 270 Montgomery Street Woodburn, OR 97071 Dear Mr. Goeckdtz: On behalf of the Oregon Urban and Community Forestry Council (OUCFC), it gives me great pleasure to inform you that The Woodbum Downtown Association and the City of Woodbum have been selected as the outstanding entry in the Partnership category of the OUCFC 1999 Awards Program. Congratulations! Trees are an important part of our everyday lives - especially here in Oregon where they are so beloved and enjoyed by all. Trees help to beautify our communities with seasonal interest, frame a landscape and screen off undesired views. They filter out pollutants in air and streams, provide privacy and help to reduce noise and glare. Trees offer relief on warm days, provide wildlife habitat, and even reduce stress. Trees also play a major role in our state economy by providing paper and wood products, fruit and nuts, and nursery stock for landscaping and restoration. They can provide a happy memory such as climbing a towedng oak as a child, lighting the town Christmas tree with one's family, or planting a memodal tree in honor of a departed loved one. Trees are so important that the Oregon legislature decided that only a single day to plant and celebrate trees was not enough. It has designated the first full week in Apdl shall be known as Arbor Week. We think this is a good idea too. OUCFC has been in existence since 1991. We are the voice of Urban Forestry for the state of Oregon. We reach out to government agencies, corporations, arborists and citizens. We produce a newsletter, pursue grant funding, maintain a five-year state urban forestr,j plan, and develop educational seminars. We also provide tree tours, promote Arbor Week, and organize the "Governors' Grove" plantings throughout the state, and pursue state legislative support for tree issues. Essentially we are 'Oregon Community Trees'. On behalf of the Oregon Urban and Community Forestry Council, thank you for your interest in helping to make Oregon a better place for our residents, employees and visitors. We are pleased that you have won this award and hope you will continue to share your enthusiasm of trees in YOUR community. Sincerely, Richard L. Catron OUCFC Vice-President OUCFC Awards Committee Chair Box 13074. Solem, Oregon 97309-1074 Printed on recycled paper OPENING STATEMENT FOR LAND USE HEARINGS REQUIRED BY ORS CHAPTER 197 This is the time set for public hearing in Annexation g98-01, Zoning Map amendment g98-01, and Subdivision g98- 01. The applicant has submitted application to concurrently: a) annex 10.0 acres of territory to the City of Woodbum; b) rezone the subject property from Marion County Urban Transition Farm (UTF) to City of Woodburn RS - Single Family Residential; and c) subdivide the property into a 46 lot single family residential subdivision named Heritage Park Meadows. The applicant is Ken Sherman Jr. for Hidden Creek Properties. The law requires the City to list all substantive criteria relevant to each hearing. The applicable substantive criteria is listed in the notice of public hearing and is as follows: 1. ANNEXATION A. Statewide Planning Goals 1. Goal 2, Land Use Planning 2. Goal 7, Areas Subject to Natural Disasters and Hazards 3. Goal 10, Housing 4. Goal 11, Public Facilities and Services 5. Goal 12, Transportation 6. Goal 14, Urbanization Bo Woodbum Comprehensive Plan 1. Annexation Policy D-1 2. Growth and Urbanization Polices M-4, M-5,M-6,M-7, & M-8 3. Growth and Urbanization Policy M-11 2. ZONING MAP AMENDMENT A. Woodburn Comprehensive Plan 1. Comprehensive Plan Designation Bo Woodburn Zoning Ordinance 1. Section 4.110. Zoning Newly annexed areas 2. Section 16.080(b). Burden of Proof SUBDIVISION A. Woodbum Comprehensive Plan 1. Residential Development Policies 2. Housing Goals and Policies 3. Public Services Goals and Policies 4. Growth and Urbanization Policies B° Woodbum Zoning Ordinance 1. Chapter 8, General Standards 2. Chapter 9, Residential Standards Page 2 - Land Use Statement -//98-01, etc April 12, 1999 3. Chapter 10, Off Street Parking 4. Chapter 22, Single Family Residential District 5. Chapter 39, Mandatory Park Land Dedication or Cash-in-lieu Woodbum Subdivision Ordinance Woodburn Transportation System Plan Woodbum Access Management Ordinance 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. o 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 heating, or (b) leaving the record open for at least seven days for additional written evidence or testimony. If the hearing is continued and new written evidence is submitted at the continued hearing, any person may request, prior to the conclusion of the continued hearing, that the record be left open for at least seven days to submit additional written evidence or testimony to respond to the new written evidence. If the record is left open rather than continuing the hearing, any participant may file a written request to reopen the record to respond to new evidence submitted while the record was left open and the City Council shall grant that request. The applicant is allowed at least seven days after the record is closed to all other parties, to submit final written arguments, but not new evidence, in support of the application. 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. OPENING STATEMENT FOR LAND USE HEARINGS REQUIRED BY ORS CHAPTER 197 This is the time set for public hearing in Annexation g97-08, Zone Change g97-12, Conditional Use g97-03, Variance g97-12, and Planned Unit Development g97-03. The applicant is requesting the annexation of 61.9 acres into the Woodburn City Limits and a zone change of the subject property from Urban Transition Farm (UTF) to Single Family Residential (RS). The applicant is also requesting conditional use approval of a 241 lot planned unit development, including park areas, multi-family units and a neighborhood commercial area. In regards to the conditional use request, the applicant is seeking approval of a variance to the indoor and outdoor requirements with a planned unit development. The applicant is Tom McConnell, Alpha Engineering, Inc. The law requires the City to list all substantive criteria relevant to each hearing. The applicable substantive criteria is listed in the notice of public hearing and is as follows: WOODBURN ZONING ORDINANCE Chapter 2. Administration of Ordinances Chapter 5. Permits and Enforcement Chapter 6. Planning Commission Chapter 7. Public Hearing Chapter 8. General Standards Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter 9. Residential Standards 10. Off Street Parking, Loading and Driveway Standards 13. Variance Standards 14. Conditional Uses 15. Zone Change Procedure 16. Comprehensive Plan Map Amendment 21. Planned Unit Development 22. Single Family Residential District 26. Multiple Family Residential 39. Mandatory Parkland Dedication or Cash-in-lieu of 3. 4. 5. 6. WOODBURN COMPREHENSIVE PLAN WOODBURN SUBDIVISION STANDARDS & POLICIES WOODBURN LANDSCAPING STANDARDS AND POLICIES WOODBURN ACCESS MANAGEMENT ORDINANCE WOODBURN TRANSPORTATION SYSTEM PLAN 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. Page 2 - Land use statement - Annex g97-08, etc April 12, 1999 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 (b) leaving the record open for at least seven days for additional written evidence or testimony. If the hearing is continued and new written evidence is submitted at the continued hearing, any person may request, prior to the conclusion of the continued hearing, that the record be left open for at least seven days to submit additional written evidence or testimony to respond to the new written evidence. If the record is left open rather than continuing the hearing, any participant may file a written request to reopen the record to respond to new evidence submitted while the record was left open and the City Council shall grant that request. The applicant is allowed at least seven days after the record is closed to all other parties, to submit final written arguments, but not new evidence, in support of the application. 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. OPENING STATEMENT FOR LAND USE HEARINGS REQUIRED BY ORS CHAPTER 197 This is the time set for public hearing in Zone Map Change g98-06. The nature of the application is to amend the zone map for a portion of tax lots 100 and 2800 located at 1310 and 1340 on Highway 99E from RS Residential Single Family to CR Commercial Retail. The applicant is Yacov and Nina Konovalov. The law requires the City to list all substantive criteria relevant to each hearing. The applicable substantive criteria is listed in the notice of public hearing and is as follows: lh WOODBURN ZONING ORDINANCE Chapter 5 Chapter 6 Chapter 7 Chapter 15 Chapter 22 Chapter 29 Permits and Enforcement Planning Commission Public Hearing Zone Change procedures Single Family Residential District Commercial Retail District ~. WOODBURN COMPREHENSIVE PLAN 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. 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 (b) leaving the record open for at least seven days for additional written evidence or testimony. If the hearing is continued and new written evidence is submitted at the continued hearing, any person may request, prior to the conclusion of the continued hearing, that the record be left open for at least seven days to submit additional written evidence or testimony to respond to the new written evidence. If the record is left open rather than continuing the hearing, any participant may file a written request to reopen the record to respond to new evidence submitted while the record was left open and the City Council shall grant that request. Page 2 - Land Use Statement - g98-06 April 12, 1999 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. Community Development 270 Montgomery Street MEMORANDUM I I Woodburn, Oregon 97071 (503) 982-5246 Date: April 6, 1999 To: Mayor and City Council thru City Administrator From: Planning Commission Subject: Heritage Park Meadows Annexation 98-01, Zone Map Amendment 98-01, Subdivision amendment 98-01 At their heating of November 12, 1998, the Planning Commission recommended the City Council approve an annexation of a 10 acre parcel and rezone the property from Marion County UTF (Urban Transition Farm) to RS (Single Family Residential) and a 46 lot subdivision located north of Vanderbeck and adjacent to Senior Estates. See Attachment I for Planning Commission order. The Council may: Approve the Planning Commission's recommendation for the annexation and zone map amendment and conditions of approval; Approve the Planning Commission's recommendation for the annexation and zone map amendment but modify the conditions of approval; 3. Deny the applicants request. The City Council should instruct staff to prepare an ordinance with findings and conclusions to substantiate their decision. c z¥ o.F woor . STAFF REPORT ANNEXATION 98-01 ZONING MAP AMENDMENT 98-01 SUBDIVISION 98-01 APPLICANT: Ken Sherman, Jr., for Hidden Creek Properties P.O. Box 21209 Keizer, Oregon 97307-1209 OWNER: School District No. 103C NATURE OF THE APPLICATION: The applicant has submitted applications to concurrently: a. Annex 10.00 acres of territory to the City of Woodburn. b. Rezone the subject property ~om Marion County Urban Transition Farm (UTF) to the City of Woodbum RS - Single Family Residential. c. Subdivide the subject property into a 46 lot single-family residential subdivision named Heritage Park Meadows (See AttachmentH and the applicant's narrative). RELEVANT FACTS The subject property is located within the Urban Growth Boundary and is contiguous to the city limits. It is located north of Vanderbeck Lane and west of Boones Ferry Road. The location is shown on the vicinity map of the proposed subdivision. The property contains 10.00 acres. The property was acquired by the School District as a potential school site. Based on the pattern of development in the District and the location of existing schools, the District has determined that the property is no longer required to fulfill school needs. The development proposal is for a low density single-family residential subdivision. The property must be annexed to be served with urban services and to be subdivided into residential lots at an urban density. The owner has consented to annexation pursuant to ORS Chapter 222. The property is designated Residential Development - less than 12 units per acre on the Woodbum Comprehensive Plan. Rezoning from County UTF to City RS conforms with this Plan designation. The request for a City R1S zone is appropriate for subdivision development. General characteristics of the property included: do eo Slope: Generally flat, sloping slightly to the north. Vegetation: A field of grass. Drainage: A storm drain exists on the west side of the property. See the engineering plans. Flood Potential: Located above the 100 year flood plain, [Zone C on the FIRM (Flood Insurance Rating Map)]. Wetlands: None designated shown on the State Wetlands Inventory. Sewage Disposal: Via the City Wastewater Treatment system. Gravity collection with a connection to a new pump station at the southwest comer of the property. See the engineering plans. Water: City water. See the engineering plans. Structures: None existing. The school impact is estimated to be 25 students. This forecast is based on the District's estimate of 0.54 students per lot for the proposed development. (The District's November 7, 1997 letter is included in the case file.) According to the application, the nearest public schools are Lincoln Elementary, French Prairie Middle School (both within 6 blocks) and Woodburn Senior High (within 0.2 miles). The proposal does not incorporate any park or open space. The park systems development charge is applicable and will be paid in lieu of providing park space on-site. V. RELEVANT APPROVAL CRITERIA. VI. ANNEXATION Statewide Planning Goals 1. Goal 2, Land Use Planning 2. Goal 7, Areas Subject to Natural Disasters and Hazards 3. Goal 10, Housing 4. Goal 11, Public Facilities and Services 5. Goal 12, Transportation ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS PAGE 2 Vlll. Bo 6. Goal 14, Urbanization Woodbum Comprehensive Plan 1. Annexation Policy D-1 2. Growth and Urbanization Policies M-4, -5, -6, -7 & -8 3. Growth and Urbanization Policy M-11 ZONING MAP AMENDMENT Ao Bo Woodbum Comprehensive Plan 1. Comprehensive Plan Designation Woodbum Zoning Ordinance 1. Section 4.110. Zoning Newly Annexed Areas 2. Section 16.080(b). Burden of Proof S .UBDIVISION Woodburn Comprehensive Plan 1. Residential Development Policies 2. Housing Goals and Policies 3. Public Services Goals and Policies 4. Growth and Urbanization Policies Woodbum Zoning Ordinance 1 .Chapter 8, General Standards 2. Chapter 9, Residential Standards 3. Chapter 10, Off Street Parking 4. Chapter 22, Single Family Residential District 5. Chapter 39, Mandatory Park Land Dedication or Cash-in lieu Woodbum Subdivision Ordinance Woodbum Transportation System Plan Woodbum Access Management Ordinance VI. ANNEXATION A. Statewide Planning Goals ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS PAGE 3 1. 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 use of land and to assure an adequate factual base for such decisions and actions. Finding. The City has an established process for coordinating annexation applications with other jurisdictions that may have authority. This proposal has been coordinated with Marion County, Oregon Department of Transportation and the Department of Land Conservation and Development. 2. Goal 7, Areas Subject to Natural Disasters and Hazards. To protect life and property from natural disasters and hazards. Finding, The property is not designated as flood prone on the FEMA Flood Insurance Rating Map (FIRM). There is no known record of hazards on this property. 3..Goal 10, Housing. To provide for the housing needs of citizens of the state. Finding. The proposal after annexation is to subdivide the property and thereby provide sites to build single-family homes. 4. 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. Woodbum is a city that is capable of providing the public facilities and services to support urban development. Public facilities are available to extend to the property. 5. Goal 12, Transportation. To provide and encourage a safe, convenient and economic transportation system. Finding. The applicant has submitted a transportation analysis by ATEP. Please see the comments in Attachment Al. 6. Goal 14, Urbanization. To provide for an orderly and efficient transition from rural to urban land use. Finding. The property is urbanizable because it is contiguous to the City, within the Urban Growth Boundary and can be served by urban services and facilities. Finding. All other Statewide Planning Goals are not applicable to this annexation application. ~ ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS PAGE 4 Woodbum Comprehensive Plan 1. Annexation Policy D-1. While it is important that enough land is available for the necessary development anticipated in the City of Woodbum, it is also essential to prevent too much land being included in the city limits as this leads to inefficient, sprawling development .... the City should insure that there is a five year supply of vacant land within the City. Finding. The proposal is in keeping with the policy. The annexation is a logical expansion of the City. It will serve to fill the need for additional housing and a five year inventory of developable land. The City is contiguous on more than one side, facilities can be reasonably extended, the residential use is the continuation of a street and neighborhood pattern that was previously approved. 2. Growth and Urbanization Policies M-4,-5,-6,-7 and -8. These policies set out the procedure for coordinating annexations. Finding. As indicated under State Planning Goal 2 above, this coordination has been accomplished. 3. Growth and Urbanization Policy M-11. Conversion of land within the boundary to urban uses shall be based on a consideration of: ao Orderly, economic provision of public facilities and services; Availability of sufficient land for the various uses to insure choices in the market place; LCDC Goals; Applicable provisions of the Marion County and City Comprehensive Plan. Finding. ao The provision of public facilities has been considered in the review of Woodbum Comprehensive Plan Public Services Goals below and in the review of the proposed subdivision by affected departments and districts. The need for additional residential land has been considered in the analysis of Woodbum Annexation Policy D- 1, above. Co The applicability of the LCDC (Statewide Planning) Goals has been considered above. d. The applicable provisions of the Marion County and the Woodbum ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS PAGE 5 VII. Comprehensive Plans have been considered below. ZONING MAP AMENDMENT A. Woodbum Comprehensive Plan 1. Comprehensive Plan Designation. The Woodburn Comprehensive Plan designates the property for Residential Use at Less Than 12 Dwelling Units per Acre. Finding. The proposed rezoning to the Woodbum Residential Single Family District is compatible with the existing Comprehensive Plan use designation. B. Woodburn Zoning Ordinance (WZO) 1. Section 4.110. Newly Annexed Areas. Any area or part of an area hereafter annexed to the City shall be placed and classified in a zone that reflects the designation of said area on the officially adopted [Comprehensive Plan] Land Use Plan. The Commission shall hold a Public Hearing and make a recommendation to the Common Council for the appropriate zoning for any such area. Finding. The proposal conforms with this requirement. The proposed City zone conforms with the Woodbum Comprehensive Plan, as found in "VII.A." above. The Commission has scheduled a public hearing on the matter. 2. Section 16.080(b). Burden of Proof. To support a zone change, the applicant shall: (1) Show there is a need for the use proposed; Finding. The applicant states that the need exists for additional residential land within the City limits. The City of Woodbum has been rapidly increasing in population over several years. The demand for residential land and housing has increased with population growth. The City's Annexation Policy D-1 calls for a five year supply of vacant land within the City. This ten acre proposal is needed to sustain this level of supply. (2) Show that the particular piece of property in question will best meet the need. Finding. The proposed use is for low density residential at a density of ANNEX 98-01, ZC 98-01 & SUB 98.01, HERITAGE PARK MEADOWS PAGE 6 less than 12 dwellings per acre. There is a need for land in this land use designation to keep pace with the demand for single-family residential use in the City. Not only does the proposal serve the basic need for this type of use, but the location makes lower density residential use the best designation. The property is located at the edge of the Urban Growth Boundary. It is adjacent to the existing Woodbum Estates and the developing Miller Links and Heritage Park subdivisions. A low density residential land use designation will complete the neighborhood pattern that has been established and which is encouraged by the Comprehensive Plan (Residential Policy A-l). vm. SUBDIVISION A. Woodburn Comprehensive Plan 1. Residential Development Poliey A-I. Residential areas should be designed around a neighborhood concept. Neighborhoods should be identifiable units bounded by arterials, non- residential uses, or natural features of terrain. The neighborhood should provide a focus and identity within the community and should have a community facility, such as a school, park, or privately owned community facility to allow for interaction within the neighborhood. Finding. The proposed subdivision is a logical expansion of a single-family residential neighborhood in the area recently approved for Miller Links Subdivision on the east and Heritage Park Subdivision on the south. The proposal abuts the well established Senior Estates on the west. Senior Estates has a unique identity both physically with a self contained goff course and as a social community for senior residents. It functions as a separate neighborhood. Recognizing these factors, a "neighborhood compatibility fence" should be installed by the applicant alongthe common boundary as a demarcation of the two distinctly different residential areas. 2. Residential Development Policy A-2. Living Environment - Developments in residential areas should be constructed in such a way that they will not seriously deteriorate over time. Zoning ordinances should be strictly enforced to prevent encroachment of degrading non-residential uses. Construction standards in the State Building Code shall be vigorously enforced and if necessary, additional standards the City determines should be imposed to insure non-degrading housing units, should be encouraged by the City. Finding. The City actively enforces the existing codes and-ordinances regard'rog residential development and housing. Specific conditions are attached to land use ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS PAGE 7 decisions to ensure unique situations are adequately addressed at the time of development. 3. Residential Development Policy A-3. Development should promote, through the use of moderate density standards and creative design, a feeling of openness and spaciousness with sufficient landscaped area and open space to create a pleasant environment. Finding. The proposal is for a subdivision of moderate density. The openness is provided by lots ranging in size from 6000 to 8700 square feet. Landscaping will be at the pleasure of individual home owners. 4. Residential Development Policy A-4. Streets in residential areas should be used by residents for access to collectors and arterials. Residential streets should be designed to minimize their use for through traffic, however, whenever possible dead-end streets and cul-de-sacs should be avoided. Finding. The subdivision abuts Vanderbeck Lane, with two residential streets that form a loop accessing the Lane. The connection between Vanderbeck Lane and Astor Way is presently closed.. 5. Residential Development Policy A-5. Residential developments should strive for creative design which will maximize the inherent values of the land being developed and encourage slow moving traffic. Each residential development should provide for landscaping and tree planting to enhance the livability and aesthetics of the neighborhood. Finding. The layout of the proposed subdivision conforms with the surroundings and the site. It conforms to the shape of the parcel, the flat terrain of the area and the semi-grid street pattern of adjoining subdivisions. To foster the livability and aesthetics of the area, street trees should be required on the perimeter streets: Vanderbeck Lane, Declaration Street and Freedom Lane. This a continuation of the pattem set in the adjoining Miller Links Subdivision. 6. Public Services Policy H-1. Public facilities and services shall be appropriate to support sufficient amounts of land to maintain an adequate housing market in areas undergoing development or redevelopment. Finding. The comments of the Departments of Public Works, Water/Wastewater, Building, Police and Recreation & Parks, and the Fire District are attached to this report. ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS PAGE 8 a. The Police and Building Departments had no comments. The WaterAVastewater Department and the Fire District comments stated that the development must adhere to the standards of these agencies. Co The Recreation & Parks Department comments indicate that a cash payment in lieu of park land is appropriate. The Public Works stated specific requirements and recommendations in addition to implementing normal standards. 7. Transportation Policy K-I-1. Develop a transportation system that interconnects residential areas with employment centers, commercial areas, schools, parks, churches and regional transportation networks. Finding. The subdivision is an infill property within the city's urban growth boundary. Consequently the street plan completes a residential street pattern established by previously approved subdivisions on the east and the south. Since the applicant is also the developer of Heritage Parks Subdivision on the south, a modification of that subdivision is proposed to assure appropriate intersection alignments along Vanderbeck Lane for both subdivisions. Lots in the proposed subdivision are connected with major traffic destinations and traffic generators throughout the City by two routes. One is via Vanderbeck Lane to Boones Ferry Road on the east. The other would be the continuation of Declaration Street to the south so that it can connect with Independanee Avenue in the Heritage Park Subdivision to Country Club Road. 8. Growth and Urbanization Policy M-1. To insure the growth is orderly and efficient, the City shall phase the needed public services in accordance with the expected rate of growth. The extensions of the existing public services should be in accordance with the master plans in the Comprehensive Plan. Finding. The City departments and the fire district that are responsible for public facilities and services to support the subdivision have had the opportunity to review the proposal. Based on the conditions pertaining to the subdivision recommended by these agencies, the proposal conforms with the policy. B. Woodbum Zoning Ordinance Chapter 8 General Standards Section 8.010. Minimum Street Width. All street right-of-way shall be not less ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS PAGE 9 (b) Through streets, 60 feet. Finding. The Public Works Department commented that the minimum right of way width shall be 60 feet in width for Declaration and Freedom Lane and 50 feet in width for Revere Street. The narrow street standards adopted in the Woodburn Transportation System Plan, allow for the 50 foot width and supersede those in the Zoning Ordinance. Section 8.040. Special Setback Distances. (29) Vanderbeck Lane, Umpqua Road to East City Limits: 30-feet. Finding. Vanderbeck Lane will be dedicated with a full right of way of 60-feet at the time of final platting and will be fully improved abutting the subdivision. Consequently, the special setback, which is measured from the center line of the flail'shed street will have no effect on development within the subdivision. Chapter 9, Residential Standards; Chapter 10, Off Street Parking; Chapter 22, Single Family Residential District. Finding The subdivision process is directed at the creation of building lots that meet the standards of the Zoning and Subdivision Ordinances. The standards regarding setbacks, yards, fence location, building height and off street parking are all site development standards addressed for each new home at the time of building permit review. Section 22.080. Lot Area and Width. In the RS District the minimum requirements for lot area shall be 6,000 square feet for each dwelling and every lot shall have a minimum width of sixty feet at the front building line. Finding. All of the lots in the proposed subdivision meet these standards. Chapter 39. Park Land Dedication and Cash-in lieu. The developer is responsible for park land systems development charge based on the number of lots in the subdivision. Finding. Under Chapter 39, the developer must pay cash-in lieu of acreage with the option of making a single payment, or to pay a pro rata share with each building permit that is issued. C. Woodbum Subdivision Ordinance ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS PAGE 10 Section 12.A. General Street Standards. Location width and grade of all streets shall be considered in their relation to the existing and planned streets, to topographic, conditions, to public convenience and safety, and their appropriate relation to the proposed use of the land to be served. Finding. The street layout has been reviewed and found to continue both the major and residential street pattern set for the area by existing and proposed streets. Section 12.B. Minimum Right of Way Widths. Finding. The right of way width requirements of this ordinance have been superseded by those in the Woodburn Transportation System Plan. Section 12.F. Intersection Angles. Finding. All proposed intersections are at right angles and comply with this standard. Section 12.G. Street Names. Finding. Two of the streets are the continuation of existing streets, Vanderbeck Lane and Freedom Lane, and are named accordingly. The Fire District has not indicated any problems with the names Declaration and Revere Street. Section 12.H. Grades and Curves. Finding. The Public Works Department makes the findings regarding the geometrics of the street layout. See the Department's comments. Section 13. A. Blocks. Finding. The shape of the block created by the street pattern has been made with due regard to the pattern of adjoining existing blocks, topography, for the proposed use, and access. The proposed block is less than 1200 feet in length and conforms with the ordinance. Section 13.B. Lots. Finding. Proposed Lots 11, 12 &13 each fronton a curved rightofway with a 50-foot radius. The minimum frontage width for each lot meets or exceeds the ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS PAGE 11 standard of 40-feet. All interior lots (fronting only one street) meet or exceed the minimum lot width of 60-feet. All comer lots meet or exceed the standard of a minimum 80-foot width. Sections 14, 15, 16, 17 & 18. Easements, Utilities, Improvements and Monuments. Findings. All these factors are addressed in the Public Works Department comments. D. Woodbum Transportation System Plan 9.2.1 Functional [Street] Classification Finding. Vanderbeck Lane and all of the streets within the subdivision are classified as "Local Streets." 9.2.2 Street Standards Finding. The Plan reflects the improvement standards for the local residential streets that are proposed and the existing Vanderbeck Lane. The plan also introduces new standards that allow for narrower residential streets (Figure 30). In this subdivision, these narrower standards apply to Revere Street. Depending on the extent to which on-street parking is permitted, the curb to curb improvement is reduced from the traditional 34-foot width to either 27- or 22-feet in width. The reduced width for the improvement can be accommodated in a 50- foot right of way. 9.5 Bicycle Facilities Plan Finding. Figure 34, Bicycle Facility Plan, shows Vanderbeck Lane as part of a new on street bike system. As a local street, this designation provides for bike lanes in that portion of the improved street typically used for on-street parking. E. Woodbum Accesa Management Ordinance Section 2. Applicability. The ordinance is directed at private access to public streets. It is applicable to streets defined in Table 1 (i.e., major arterial, minor arterial, service collector and access streets). · ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS PAGE 12 Finding. All streets within and abutting the subdivision are classified as "local streets." Consequently, the requirements of this ordinance are not directly applicable to the proposal. Xo COMMENTS FROM OTHER DEPARTMENTS Attachments: A. & Al. Public Works Department B. Recreation & Parks Department C. Fire District D. Wastewater/Water Department E. Building Department F. Police Department G. Planning Department STAFF RECOMMENDATIONS ANNEXATION The staff recommends that the Commission adopt the following action: The Planning Commission recommends, based on the findings in the staff report and the public testimony, that the City Council annex the subject 10.0 acres of territory to the City of Woodbum. ZONE CHANGE The staff recommends that the Commission adopt the following action: The Planning Commission recommends, based on the findings in the staff report and the public testimony, that the City Council rezone the subject 10.0 acres to the Woodbum RS Residential District. SUBDIVISION The staff recommends that the Commission adopt the following action: The Planning Commission recommends, based on the findings in the staff report and the public testimony, that the City Council tentatively approve the Heritage Park Meadows Subdivision (98-01) into 46 lots. Final approval is subject to public facility construction, conformance with the Subdivision and the Zoning Ordinances, the Transportation System Plan and with the following permanent conditions: ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS PAGE 13 Final subdivision approval is subject to the annexation and rezoning of the subject property. Street trees, of species approved by the City, shall be planted along Vanderbeck Lane, Freedom Lane and Declaration Street prior to f'mal occupancy. o Street lighting shall be designed to the satisfaction of the Police Department and shall be installed at the time of street construction. A continuous good neighbor fence, designed to comparable standards as the fence installed in Heritage Park Subdivision, shall be constructed along the entire west line of the subdivision prior to the issuance of the first building permit for a house abutting the fence (Lots 1 through 12 on the preliminary plat.). Sidewalks constructed along streets with 60-foot rights of way shall be located on the property line for freedom lane and Declaration Street. Those with 50 foot rights of way (Revere Street) shall have curb line sidewalks. The subdivision shall be improved with the easements, rights of way, public facilities and other requirements and described in the Public Works Department and Fire District comments, Attachments A and B. 7. On-site construction shall not commence until: The improvement plans have been reviewed for compliance with Public Works Department standards and specifications. bo The developer designs and guarantees the installation of all infrastructure necessary to support the development. All lines shall be sized and located to provide capacity to the service area, as reviewed and approved by the Public Works Department c. All right of way permits are issued. Pursuant to Section 6 of the Subdivision Ordinance, the owner shall enter into an improvement agreement with the City. That agreement, including a maintenance bond, shall bind the developer to maintain all improvements accepted by the City for one year. The maintenance bond shall equal 10 percent of the cost of all such improvements. 9. Prior to submittal to the Planning Commission for final approval. ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS PAGE 14 The proposed final plat shall be reviewed and approved by the Public Works and the Planning Departments and shall be signed by the City Engineer. bo All systems development charges and park fees shall have been paid. 10. Upon recordation of the final plat the owner shall: ao Provide the Public Works Department with a reproducible mylar of the final recorded plat that is in substantial conformance with the tentative plan. bo Provide the Planning Department with three (3) copies of the recorded plat. C:XMy DocumentshMyFiles~PLANNING~Staff Reports~SPR's - 1998XAN-N98-01 .stf. rpt. wpd ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS PAGE 15 SUBDIVISION REVIEW HERITAGE PARK MEADOWS GENERAL CONDITIONS: 1. Final plan shall conform to the construction plan review procedures and standards. The subdivision shall be platted according to standard surveying practice, approved and recorded with Marion County. Applicant to provide for the installation of all franchised utilities and shall provide any required easements on the final plat. Street lighting shall also be provided, as per PGE plan schedule "B". The Owner/Applicant will be required to enter into an improvement agreement as outlined in the Woodburn Zoning Ordinance, Chapter III, Section 6 prior to acceptance of the final plat. Also, prior to construction of the subdivision commencing the city will require approved c0nstruetion plans, a performance bond and construction permit fee's paid. Existing on-site water wells or sewage disposal systems will be abandoned in accordance with state regulations. All city maintained facilities located on private property will require 16 foot wide easements. Construction shall conform to the City of Woodburn standard specifications and all state building codes. STREET AND DRAINAGE: The interior improved street widths shall be 34 feet curb to curb, the minimum Right of Way width shall be 60 feet in width for Declaration ("A") and Freedom Lane ("C") and 50 feet in width will be acceptable for Revere Street ("B"), all streets shall include a 10 foot public utility easement each side. Vanderbeck Road shall be improved in conformance with city standards from Boones Ferry to the existing improved portion of Vanderbeck near west boundary of this development. The permanent barricades shall remain at their present location, the improvement width shall be 34 feet curb to curb. Dedicate to the city an additional 20 feet of Right of way along Vanderbeck Road adjacent to this development. On-site storm runoff detention meeting city standards will be required. If a detention podn is used proposed, it shall be maintaned by the homeowners association. ATTACHMENT A The storm system as proposed connecting to the existing storm sewer main along the west property line will require proper utility easements to be provided to the city, a minimum 16 foot easement between lots 11 and 12, 20 feet wide utility easement along the west boundary line. In addition to storm sewer, they may provide for future sanitary sewer improvements. WATER: The interior water main shall be sized in accordance with flow and fire protection requirements, it appears however an 8" dia. main will be needed for the outside loop and depending on fire hydrant locations, a 6" diameter on Revere Street. A 12" diameter main will be required within Vanderbeck Road, from the existing 12" diameter main on Boones Ferry road to existing 10" diameter in Vanderbeck Road. 3. See Wastewater/Water comments in regard to cross connection requirements Fire hydrant locations and fire protection requirements shall be as per the Woodburn Fire Districts conditions of approval. SANITARY SEWER: The Wastewater Facilities plan identifies a large gravity sewer or a new lift station to be constructed in the capitol improvement plan to serve this area. It is currently not designed. However, land dedication will help establish the future location thus planning of the citys pump station. This development is proposing to utilize a temporary pump station until such time the new lift station and/or gravity main is constructed. City staff recommend3'the permanent solution be constructed to serve this development. The applicant will be required to provide the following. In consultation with city staff identify and provide sufficient property in the form of dedication for the location of the permanent lift station site. This dedication may be necessary prior to development being platted, in addition any dedication for the permanent pump station would be considered a portion of the fair share cost. The developer shall be responsible for their fair share cost of construction for the permanent solution, the city after obtaining City Council approval, will fund the remaining construction cost, prior agreement would be necessary. If the city at time of development, does not have the funding required for the permanent lift station, a temporary pump station may then be permitted to be installed near the future pump station permanent site, entire cost of constructing and maintaining the temporary pump station is to be borne by the developer. Proper regulatory submittal and approvals shall be obtained, such as the Department of Environmental Quality. The gravity system shall also be designed to provide for future needs The gravity system installed within Declaration Street shall be of sufficient depth to serve by gravity the existing pump station located at the Southeast comer of the mobile home park. For additional requierments for gravity sanitary sewer easements see conditon five, streets and drainage ANNEXATION / ZONE CHANGE I SUBDIVISION REVIEW -- COMMENTS REQUEST DATE: October 20, 1998 DEPARTMENT: ,,~/,'C /~J'./~'= - "~'~ CONTACT PERSON: Naomi Tejeda, Planning Dept, 982-5246 APPLICANT: Kenneth Sherman, Jr. TYPE OF PROJECT: The applicant is requesting the annexation oflO acres into the Woodburn City Limits and a zone change of the subject property from Urban Transition Farm (UTF) to Single Family Residential (RS). The applicant is also requesting approval of a 46 lot single family residential subdivision in conjunction with the annexation and zone change requests. PROJECT LOCATION: The property is located north of Vanderbeck Road, east of Senior Estates, and west of the Miller Links Subdivision (not developed yet). It can be identified specifically on Marion County Assessor Map T5S, 1W, Section 06C, Tax Lots #500. CONFERENCE PLACE: Conference Room//1 Woodburn City Hall DATE: October 22, 1998 TIME: 1:30 pm DEPARTMENT COMMENTS ATTACHMENT A[ Memo Woodburn Recreation and Parks Department to: Naomi Tejeda, Planning Department from: D. Randall Westrick, Recreation and Parks Director date: October 12, 1998 subject: Recreation and Parks Department Comments - Heritage Meadows The Recreation and Parks Department has reviewed the above-referenced project and provides the following comments. This project is subject to payment of Systems Development Charges for parks and recreation facilities. The fee is calculated as follows: 46 Units x $483/Unit = $22,218 ATTACHMENT B WOODBURN FIRE DISTRICT Prevention Division Site Plan Revie~ Comments Naomi Tejeda, Asst. Planner City of Woodbum From: Robert Benck Fire Marshal Date: 10-08-98 Facility/Project Name: Heritage Park Meadows rotation: Vanderbeck Ln. Occupamj; Class: R-1 A. Access: 1. Exterior of Facility: Drive. able access to within 150 feet of all sides of all structures. Maintain 20 foot dear width after any on street parking is provided. 2. To Interior of Facility: Information not provided at this time. B. Building Exit System: Information not provided. 1. Occupant Load: 2. Number of Exits: 3. Exit Hardware: 4. Exit Signage: ~. Emergency Lighting: C. Fire flow/ Water Supply: Minimum Fire flow will be 1000 gpm for one and two family residemial structures up to 3,600 SCl. feet in size. D. Hydrants: Hydrants spaced at-an average maximum distance of 500 feet apart, no structures more than 250 feet from a hydrant. Recommend hydrants on lots 1,9,20, & 27. provided this is acceptable to the City of Woodbum E. Sprinkler/FDC: NA. F. Alarm System: As per ORS for residential occupancies. ATTACHMENT C G. Premise Identification: Markings and location to mm dry sumdards. Address numbers to be assigned by the Fire District per approval by City of Woodbum. H. Special Occupan~ Requirements: None L Building Size & Limitations/Type of Construction: Information not provided ]. Fire and Life Safety Reeiew Requirement: Will be required by City of Woodburn Plans reviewer. 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 WITH THESE REQUIREMENTS ][~_r~_13l_o_,T 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. WOODB URN FIRE DISTRICT 1776 Ne~oerg Hnf. Woodburn, OR. 97071 (503) 982-2360 Fax (503) 981-5004 SITE PLAN RF. VIEW- COMMENTS REQUEST DATE: October 20, 1998 APPLICANT: Keamcth Sherman, Jr. DEPAR'FMEN~: W~tstewater/Water CONTACT PERSON: Naomi Tejeda, Planning Department DEPARIlvlENT COMMENTS No Comment on anncxat/on. Comments on 46 Single Family Residential Lots: Cross connectionsl Water Department All units that put in unde~round irrigation systems~ swimming pools, hot tubs and fire sprinkler systems will be required to install a bacidtow prevention assemblies (DC) (Double Cheeks). The assemblies shall be installed by the water mater next to the property line. Unless approved by city Engineers. Please see Cross Connection Inspector on Installation Standards. Phone (503) 982-5283" WlI~tewater Dennrtment No comment at this time. ~ Arendt Industrial Waste Coord/nator Cross Connection Inspector City of Woodbum =ost-lt" brand fa~ ' ATTACHMENT D ANNEXATION / ZONE CHANGE / SUBDIVISION REVIEW -- COMMENTS .................. ~3~J[LDIN O DEPT. REQUEST DATE: October 20, 1998 DEPARTMENT: CONTACT PERSON: Naomi Tejeda, Planning Dept, 982-5246 APPLICANT: Kenneth Sherman, Jr. TYPE OF PROJECT: The applicant is requesting the annexation of 10 acres into the Woodburn City Limits and a zone change of the subject property from Urban Transition Farm (UTF) to Single Family Residential (RS). The applicant is also requesting approval of a 46 lot single family residential subdivision in conjunction with the annexation and zone change requests. PROJECT LOCATION: The property is located north of Vanderbeck Road, east of Senior Estates, and west of the Miller Links Subdivision (not developed yet). It can be identified specifically on Marion County Assessor Map T5S, 1W, Section 06C, Tax Lots #500. CONFERENCE PLACE: Conference Room//1 Woodburn City Hall DATE: October 22, 1998 TIME: 1:30 pm DEPARTMENT COMMENTS ATTACHMENT E ANNEXATION / ZONE CHANGE / SUBDIVISION REVIEW -- REQUEST DATE: October 20, 1998 COMMENTS DEPARTMENT: ~[O'OD ~j,..~l~ .~I~E DEF OCT - CONTACT PERSON: Naomi Tejeda, Planning Dept, APPLICANT: Kenneth Sherman, Jr. 982-5246 POt.. ' t.": E DEPT. TYPE OF PROJECT: The applicant is requesting the annexation of 10 acres into the Woodburn City Limits and a zone change of the subject property from Urban Transition Farm (UTF) to Single Family Residential (RS) . The applicant is also requesting approval of a 46 lot single family residential subdivision in conjunction with the annexation and zone change requests. PROJECT LOCATION: The property is located north of Vanderbeck Road, east of Senior Estates, and west of the Miller Links Subdivision (not developed yet). It can be identified specifically on Marion County Assessor Map T5S, 1W, Section 06C, Tax Lots #§00. CONFERENCE PLACE: Conference Room//1 Woodburn City Hall DATE: October 22, 1998 TIME: 1:30 pm DEPARTMENT COMMENTS T~F~ ATTACHMENT F ANNEXATION I ZONE CHANGE I SUBDIVISION REVIEW -- COMMENTS REQUEST DATE: October 20, 1998 DEPARTMENT: Planning CONTACT PERSON: Naomi Tejeda, Planning Dept, 982-5246 APPLICANT: Kenneth Sherman, Jr. TYPE OF PROJECT: The applicant is requesting the annexation of 10 acres into the Woodburn City Limits and a zone change of the subject property from Urban Transition Farm (UTF) to Single Family Residential (RS). The applicant is also requesting approval of a 46 lot single family residential subdivision in conjunction with the annexation and zone change requests. PROJECT LOCATION: The property is located north of Vanderbeck Road, east of Senior Estates, and west of the Miller Links Subdivision (not developed yet). It can be identified specifically on Marion County Assessor Map TSS, 1W, Section 06C, Tax Lots//500. CONFERENCE PLACE: Conference Room #1 Woodburn City Hall DATE: October 27, 1998 TIME: 1:30 pm DEPARTMENT COMMENTS Provide staff with the Annexation & Petition Consent Form with the School District's (property owner's) signature on it. Verify with the title company that the list of current adjacent property owners has not changed. Post the public notice sign 10 days prior to the November 12~ Planning Commission Meeting. The publishing requirements are attached to the sign. The Woodburn Independent needs to receive the item to be published by October 30t~ so that it can be published on November 4, 1998. Discuss the offset between "Declaration Street" and the road connection in phase four of the Heritage Park Subdivision to the south of the proposed project. Provide staff with a street tree plan. The spacing requirement is 2 large trees per 100 feet, 3 medium trees per 100 feet and 4 small trees per 100 feet. At full growth, a large tree is 40+ feet, a medium tree is 30-40 feet and a small tree is up to 30 feet. ATFACHMENT G ATTACHMENT H i% (v) z33~s No~.w I / / / OOOWO00 DR. / , I I I / IL -; IDERBEC~_LN I I I--- 9 I / 524 FRF..~DOM LANE (C) 20 21 22 2.3 24 25 26 27 ~, 38 ~ 37 o ~ 42 43 g 32 '1 IN THE PLANNING COMMISSION OF WOODBURN, OREGON ANNEXATION 98-01 ZONE MAP AMENDMENT 98-01 SUBDIVISION 98-01 FINAL ORDER WHEREAS. a request was made for the Planning Commission to hear a proposal for the applicant to annex 10 acres, amend the zone map from "UTF" to "RS", and a subdivision consisting of 46 lots and; WHEREAS, the Planning Commission reviewed the matter at their regularly scheduled meeting of November 12, 1998, 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 98-01, Zone Map Amendment 98-01 and Subdivision 98-01 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 98-01, Zone Map Amendment 98-01, and Subdivision 98-01 based on findings and conclusions contained in Exhibit A, and subject to the conditions of approval contained in Exhibit B which are attached hereto and by reference incorporated herein. Approved: C'~ai~erson (J / FINAL ORDER - Annexation 98-01, Zone Map Amendment 98-01, Subdivision 98-01 ATTACHMENT I EXHIBIT FINDINGS AND CONCLUSIONS The Woodburn Comprehensive Plan Map designates the property of 10.0 acres located west of Boones Ferry Road and north of Vanderbeck Road and specifically on Marion County Assessor Map T5S, RIW, Sec. 6C Tax Lot #500 as within the City of Woobum's Urban Growth Boundary. Annexation 1. Finding: The City has an established process for coordinating annexation applications with other jurisdictions that may have authority. This proposal has been coordinated with Marion County, Oregon Department of Transportation and the Department of Land Conservation and Development. Finding: The property is not designated as flood prone on the FEMA Flood Insurance Rating Map (FIRM). There is no known record of hazards on this property. 3. Finding: The proposal after annexation is to subdivide the property and thereby provide sites to build single-family homes. Finding: Woodburn is a city that is capable of providing the public facilities and services to support urban development. Public facilities are available to extend to the property. 5. Finding: The applicant has submitted a transportation analysis by ATEP. g Finding: The property is urbanizable because it is contiguous to the City, within the Urban Growth Boundary and can be served by urban services and facilities. 7. Finding: The applicability of the LCDC (Statewide Planning) Goals (2,7,10,11,12,14) have been considered. 8. Finding: All other Statewide Planning Goals are not applicable to this annexation application. CONCLUSION: The applicants request meets the applicable criteda for annexation. FINDINGS & CONCLUSIONS ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS Page 1 ATTACHMENT I B. Woodburn Comprehensive Plan and Map Finding: The City's Annexation policy D-1 calls for a five year supply of vacant land within the City. The annexation is a logical expansion of the City. It will serve to fill the need for additional housing and a five year inventory of developable land. The City is contiguous on more than one side, facilities can be reasonably extended, the residential use is the continuation of a street and neighborhood pattern that was previously approved. Finding: The provision of public facilities has been considered in the review of Woodburn Comprehensive Plan Public Services Goals and in the review of the proposed subdivision by affected departments and districts. CONCLUSION: The need for additional residential land has been considered in the analysis of Woodbum Annexation Policy D-I. Zoning Ordinance 1. Finding: The proposed rezoning to the Woodbum Residential Single Family District is compatible with the existing Comprehensive Plan use designation. 2. Finding: The proposed use is for Iow density residential at a density of less than 12 dwellings per acre. CONCLUSION: The applicants proposal to amend the zone map from Marion County Urban Transition Farm (UTF) to Single Family Residential (RS) is in keeping with the comprehensive plan. Subdivision 1. Finding: The proposed subdivision is a logical expansion of a single-family residential neighborhood in the area recently approved for Miller Links Subdivision on the east and Heritage Park Subdivision on the south. Finding: The City actively enforces the existing codes and ordinances regarding residential development and housing. Specific conditions are attached to land use decisions to ensure unique situations are adequately addressed at the time of development. Finding: The proposal is for a subdivision of moderate density. The openness is provided by lots ranging in size from 6000 to 8700 square feet. Landscaping will be at the pleasure of individual home owners. FINDINGS & CONCLUSIONS ANNEX 98-01, ZC 98-01 & SUB 98-O1, HERITAGE PARK MEADOWS ATTACHMENT I 10. Finding: The subdivision abuts Vanderbeck Lane, with two residential streets that form a loop accessing the Lane. The connection between Vanderbeck Lane and Astor Way is closed. Finding: The layout of the proposed subdivision conforms with the surroundings and the site. It conforms to the shape of the parcel, the fiat terrain of the area and the semi-grid street pattern of adjoining subdivisions. To foster the livability and aesthetics of the area, street trees are required on the perimeter streets: Vanderbeck Lane, Declaration Street and Freedom Lane. This is a continuation of the pattern set in the adjoining Miller Links Subdivision. Lots in the proposed subdivision are connected with major traffic destinations and traffic generators throughout the City by two routes. One is via Vanderbeck Lane to Boones Ferry Road on the east. The other is the continuation of Declaration Street to the south so that it can connect with Independence Avenue in the Hedtage Park Subdivision to Country Club Road. Finding: The City departments and the fire district that are responsible for public facilities and services to support the subdivision have had the opportunity to review the proposal. Based on the conditions pertaining to the subdivision recommended by these agencies, the proposal conforms with the policy. Finding: The Public Works Department commented that the minimum right of way width shall be 60 feet in width for Declaration and Freedom Lane and 50 feet in width for Revere Street. The narrow street standards adopted in the Woodbum Transportation System Plan, allow for the 50 foot width and supersede those in the Zoning Ordinance. Finding: Vanderbeck Lane will be dedicated with a full right of way of 60- feet at the time of final platting and will be fully improved abutting the subdivision. Consequently, the special setback, which is measured from the center line of the finished street will have no effect on development within the subdivision. Finding: The subdivision process is directed at the creation of building lots that meet the standards of the Zoning and Subdivision Ordinances. The standards regarding setbacks, yards, fence location, building height and off street parking are all site development standards addressed for each new home at the time of building permit review. FINDINGS & CONCLUSIONS ANNEX g8-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS Page 3 ATTACHMENT I 11. Finding: All of the lots in the proposed subdivision meet these 6,000 square foot standards. 12. Finding: Under Chapter 39, the developer must pay cash-in-lieu of acreage with the option of making a single payment, or to pay a pro rate share with each building permit that is issued. 13. Finding: The street layout has been reviewed and found to continue both the major and residential street pattern set for the area by existing and proposed streets. 14. Finding: All proposed intersections are at right angles and comply with this standard. 15. Finding: Two of the streets are the continuation of existing streets, Vanderbeck Lane and Freedom Lane, and are named accordingly. The Fire District has not indicated any problems with the names Declaration and Revere Street. 16. Finding: The shape of the block created by the street pattern has been made with due regard to the pattern of adjoining existing blocks, topography, for the proposed use, and access. 17. Finding: Proposed Lots 11, 12 & 13 each front on a curved right of way with a 50-foot radius. The minimum frontage width for each lot meets or exceeds the standard of 40-feet. CONCLUSION: The applicants subdivision proposal meets the criteda as required in the Woodbum Subdivision Ordinance. Woodburn Transportation Plan 1. Finding: Vanderbeck Lane and all of the streets within the subdivision are classified as "Local Streets." Finding: Figure 34, Bicycle Facility Plan, shows Vanderbeck Lane as part of a new on street bike system. As a local street, this designation provides for bike lanes in that portion of the improved street typically used for on- street parking. CONCLUSION: The Transportation Standards are met. FINDINGS & CONCLUSIONS ANNEX 98-01, ZC 98-01 & SUB 98-O1, HERITAGE PARK MEADOWS Page 4 ATTACHMENT I EXHIBIT CONDITIONS OF APPROVAL Final subdivision approval is subject to the annexation and rezoning of the subject property. Street trees, of species approved by the City, shall be planted along Vanderbeck Lane, Freedom Lane and Declaration Street prior to final occupancy. Street lighting shall be designed to the satisfaction of the Police Department and shall be installed at the time of street construction. A continuous good neighbor fence, designed to comparable standards as the fence installed in Heritage Park Subdivision, shall be constructed along the entire west line of the subdivision prior to the issuance of the first building permit for a house abutting the fence (Lots 1 through 12 on the preliminary plat.). Sidewalks constructed along streets with 60-foot rights of way shall be located on the property line for freedom lane and Declaration Street. Those with 50 foot rights of way (Revere Street) shall have curb line sidewalks. The subdivision shall be improved with the easements, rights of way, public facilities and other requirements and described in the Public Works Department and Fire District comments, Attachments A and B. 7. On-site construction shall not commence until: The improvement plans have been reviewed for compliance with Public Works Department standards and specifications. The developer designs and guarantees the installation of all infrastructure necessary to support the development. All lines shall be sized and located to provide capacity to the service area, as reviewed and approved by the Public Works Department c. All right of way permits are issued. Pursuant to Section 6 of the Subdivision Ordinance, the owner shall enter into an improvement agreement with the City. That agreement, including a maintenance bond, shall bind the developer to maintain all improvements ac~.epted by the City for one year. The maintenance bond shall equal 10 percent of the cost of all such FINDINGS & CONCLUSIONS ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS ATTACHMENT I improvements. 9. Prior to submittal to the Planning Commission for final approval. a. The proposed final plat shall be reviewed and approved by the Public Works and the Planning Departments and shall be signed by the City Engineer. b. All systems development charges arld park fees shall have been paid. 10. Upon recordation of the final plat the owner shall: a. Provide the Public Works Department with a reproducible mylar of the final recorded plat that is in substantial conformance with the tentative plan. b. Provide the Planning Department with three (3) copies of the recorded plat. 11. That street construction not be paved beyond west from the intersection with Declaration Street and Vanderbeck. 12. The property on the south of Vanderbeck in the Heritage Park Subdivision preliminary plat be modified to provide connectivity directly across to Declaration Street. FINDINGS & CONCLUSIONS ANNEX 98-01, ZC 98-01 & SUB 98-01, HERITAGE PARK MEADOWS PAGE Page 6 Page 6 ATTACHMENT I ANNEXATION INFORMATION SHEET DIRECT QUESTIONS TO: KENNETH SHERMAN, JR. ~r REC'D ~r NOV 0 3 1998 WOODBURN COMMUNi15' DEVELOPMENT DEPT. I1. II1. (NAME) 687 COURT STREET, N.E. (ADDRESS) SALEM 1 (503) 364-2281 ~ELEPHONE) OREGON 97301 (CITY) (STATE) (ZIP CODE) PROPERTY OWNERS: SCHOOL DISTRICT NO. 103C NAME (PLEASE PRINT OR TYPE) 965 N. BOONES FERRY ROAD WOODBURN, OREGON 97071 ADDRESS & ZiP CODE LOCATION AND SIZE OF .THE PROPERTY: 10 acres located North of Vanderbeck Senior Estates No. 8, Marion County, Road and East of Woodburn Oregon APPLICATION CH ECKLIST OFFICE USE ONLY YES NO ANNEXATION PETITION SIGNED, (NOTORIZED SIGNATURES) BY PROPERTY OWNERS EXHIBITS: 1. REASON FOR ANNEXATION REQUEST 2. PROPOSED DEVELOPMENT OF AREA 3. EXISTING CONDmONS OF AREA (Exhibit (Exhibit "S") (Exhibit 5. 6. 7. 8. SCHOOL IMPACT ANALYSIS (Exhibit "D") PARK AND RECREATION FACIUTIES AVAILABIUTY (Exhibit "~') LEGAL DESCRIPTION OF THE PROPERTY (Exhibit "F") PLOT PLAN (Exhibit "G") LIST OF ALL PROPERTY OWNERS WITHIN 100 FEET OF THE PROPERTY (Exhibit "H") 9. ASSESSOR'S MAP (Exhibit "i'3 SCHEDULED HEARING DATE: APPLICATION RECEIVED BY: DATE: annex.bs/bw ANNEXATION PETITION - REQUIRED INFORMATION PLEASE PROVIDE THE FOLLOWING INFORMATION: REASON FOR ANNEXATION REQUEST: Exhibit "A" · To accommodate the subdivision of the A. Reason: 48 single family residential lots property Bo Proximity of City Services - indicate on an accompanying map. into PROPOSED DEVELOPMENT OF THE AREA Exhibit "B" A. If totally or partially undeveloped, what are the future plans for the site (Provide a preliminary site plan)' The subject property ,,,ill be divided into 48 single '~am~ly residential lots B. If the site is fully developed provide a plot plan: EXISTING CONDITIONS OF THE AREA Exhibit "C" ao Land Area: Acres 1 o. o o · General description of the area: 1. Slopes: Flat 2. Vegetation: Grass 3. Drainage: Existing storm drain line along West line of 4. Flood Areas: None property 5. Sewage dispos~ TD~r~~ pf~ipl~t~nt~P~weasn~' corner 6. L~l~es ~nas ele~ :tele% All availab.le on cz property · ~ ' " " s ire Existing Land Use: 1. Number of single family units:. 0 2. Number of multiple family units: 0 3. Commercial 0 Industrial 0 Public Uses 0 4. Open Space Farm SCHOOL IMPACT Exhibit "D" Ao Where is the nearest school facility: Lincoln Elementary Prairie Middle School are both 5 blocks away. High School is .2 miles away. and French Woodburn Bo What is the expected student population of the area upon completion of the development: 26 students, based upon . 54 students per household x 48 lots (see Nov. 7, 1997 letter from Woodburn Public Schools, attached hereto. ) PARK AND RECREATION FACILITIES Exhibit "E" o Ac ~ubdivision are currently available outhwest alonqVanaerbe~k. LEGAL DESCRIPTION OF~HE PROPRTY Is there suffident area to provide for park or open space for the development. The proposed subdivision design will not allow for the d~velopment of a park or recreation ~acilities on ~his proper~y. The development of th£~ prup~£ty wall contribute $23,184.00 to the City's park fund through the ~aymen~ o~ ~h~ pa~k.$yst~ms developmen~ charge. ecreational iacl±l~les to serve rna residents o~a~i~nd 3 blocks to the Exhibit "F" o o PLOT PLAN: Show all properties within 250' from and parallel to the subject property and the land use of each. Exhibit"G" NAMES AND ADDRESS OF ALL PROPERTY OWNERS (husband and wife) within 250' from an parallel to the subject property. Obtain certified list and map from title company and attach. Exhibit "H" ASSESSOR'S MAP. Attach copy of Marion County Assessor's Map showing subject area and outlining 250' notification area. Exhibit "1" We the undersigned, hereby certify that all the statements in the plot plan, attachments, and exhibits transmitted herewith are true and complete, and we are the owners of record or contract purchasers of property which the annexation, is requested: SCHOOL DISTRICT NO. 103C / By an Q4:e~on/~Zimit.~d'-_ 3.,~ab[13-ty company By ann~x.bs/bw REVISED STATEMENT OF INTENT AUG i 8 1998 WOODrclURN COMMUNITY DEVELOPMEN'I' DEPT. APPLICANT'S REPRESENTATIVE: Kenneth Sherman, Jr. 687 Court Street, N.E. Post Office Box 2247 Salem, Oregon 97308-2247 APPLICANT: Hidden Creek Properties, LLC 5605 Inland Shores Way, N., No. 202 Keizer, Oregon 97303 PROPERTY OWNER: School District No. 103C REQUEST: Annexation, Zone Map Change & Subdivision NAME OF PROJECT: Heritage Meadows LEGAL DESCRIPTION: See Title Report LOCATION: North of Vanderbeck Road and East of Woodbum Senior Estates No. 8, Marion County, Oregon SIZE: 10 acres EXISTING COMPREHENSIVE PLAN DESIGNATION: Residential - 12 units/acre EXISTING ZONE: UTF, Urban Transition Farm (Marion County) PROPOSED ZONE: RS, Residential (City of Woodbum) I. REASON FOR REQUEST The applicant is requesting that the subject property be annexed.into the City limits of Woodbum. The subject property is currently situated inside the Urban Growth Boundary and adjacent to the City limits of Woodburn to the South. The applicant is also requesting that the subject property be rezoned RS upon annexation into the City of Woodburn. The subject property is designated Residential less than 12 Units per acre on the City of Woodburn Comprehensive Plan, with which the proposed RS zone is compatible. The applicant is also requesting approval of aproposed46 lot single-family residential subdivision in conjunction with the annexation and zone change requests. The purpose of these requests is to allow the subject property to be developed to its highest and best use and to provide additional housing opportunities to the City of Woodburn, thereby meeting a public need and making a positive contribution to the quality of life in Woodburn. The proposed development will be designed and constructed in compliance with the applicable City standards as PAGE I - REVISED STATEMENT OF INTENT: HERITAGE MEADOWS Ksj:nlc 8/17/98 Heritage.app demonstrated by the following discussion. II. PROJECT DESCRIPTION The proposed development is a 46-1ot single-family residential subdivision. The attached preliminary plat and preliminary utility plan illustrate the layout of the proposed development. All ofthe proposed lots are 6,000 square feet or larger in size. All lots will have frontage on existing or proposed public streets. Structures on the subject lots will be established in compliance with the setback requirements of the RS District, as depicted on the typical lot illustration on the attached preliminary plat. The subject property is located on the North side of Vanderbeck Road, approximately 1,100 feet West of Boones Ferry Road. The proposed development includes the construction of three (3) new public streets. Streets "A" and "B" will extend North from Vanderbeck Road through the site to intersect with Street "C" in the northern portion of the site. Streets "A" and "C" intersect as a "knuckle" comer with a partial cul-de-sac, and Street "B" and Street "C" meet at a "T" intersection. 50.00 foot wide rights-of-way will be dedicated for Streets "A", "B", and "C". A 60.00 foot right- of-way will be dedicated for the westerly extension of Vanderbeck. The attached preliminary utility plan indicates the locations of proposed utilities that will service the subject development. The project will receive water and sanitary sewer service through the construction of new lines within the right-of-way of proposed public streets, which will connect with the existing lines in Vanderbeck Road that are to be extended to the subject property. Catch basins and storm drain lines will be established within the right-of-way of proposed public streets. III CONFORMANCE WITH WOODBURN COMPREHENSIVE PLAN This City of Woodbum Comprehensive Plan designates the subject site as Residential less than 12 units per acre. The applicant is requesting that the subject property be zoned RS, Single Family Residential District, which is compatible with the Comprehensive Plan designation for the property. The minimum lot size in the RS District is 6,000 square feet, which allows less than 12 units per acre in compliance with the Comprehensive Plan designation. The proposed development includes single-family residential uses in compliance with the uses prescribed by the Comprehensive Plan and has a density of 4.8 units per acre. A public need exists for additional residential land within the City limits. The City of Woodbum, and other cities surrounding Woodburn and throughout the State, have been rapidly increasing in population over several years. The demand for housing has increased with population growth. The proposed annexation and zone change will meet the need for additional housing within the City limits of Woodburn. The subject property is an appropriate location for single-family residential housing due to its proximity to existing publicroads, utilities and services. Site features, including the generally level topography and the lack of significant vegetation on the property, help to make the subject property highly suitable for residential development. Additionally, the subject property is situated near other existing single-family residential subdivisions, as well as lands zoned and designated for residential development. As noted above, the proposed development is located within the Urban Growth Boundary for the City of Woodbum and is compatible with the Comprehensive Plan designation for PAGE 2 - REVISED STA~ OF INTENT: HERITAGE MEADOWS Kzj:nlc 8/17/98 Hctitage.app the subject property, which by definition identify the property as suitable and appropriate for residential development. The proposed development will provide quality housing and will utilize the subject property to its highest use. The need for additional housing stock within the City of Woodburn will be best met by this proposal. There is no other available or appropriate zoned land within the vicinity of the subject site. Additionally, the subject property cannot be reasonably developed under its present zone. The proposed rezoning will allow reasonable development of the property that is consistent with City plans and standards and meets a public need for additional housing within the City. IV. CONFORMANCE WITH WOODBURN ZONING ORDINANCE As noted above, the proposed development is a 46-1ot single-family residential subdivision. Each of the proposed lots within the subject development will be developed with one single-family dwelling, a use that is compatible with the RS District (Section 22.010). The attached preliminary plat illustrates the layout of the proposed development. All of the proposed lots are 6,000 square feet or larger in size. As depicted on the attached preliminary plat, all of the proposed lots comply with the lot area and width standards of the RS District (Section 22.080). All lots will have frontage on existing or proposed public streets. Structures on the subject lots will be established in compliance with the setback requirements of the RS District, as depicted on the typical lot illustration on the attached preliminary plat (Sections 22.050.22.060 and 22.070). The attached preliminary plat also demonstrates that the proposed development is designed to provide for solar access protection (Section 22.075). V. CONFORMANCE WITH WOODBURN SUBDIVISION ORDINANCE As noted above, the proposed subdivision is depicted in the attached preliminary plat and preliminary utility plan. The subdivision is named "Heritage Meadows" and includes 46 single- family residential lots, three new public streets and public utility construction. No private streets are proposed. As the above findings within this statement demonstrate, the proposed development complies with the applicable zoning ordinances and regulations. The applicant is currently developing the Heritage Park Subdivision on land immediately South of the subject property; and proposes that the subject property be developed as a phase of Heritage Park. Applicant further proposes that the existing tot lot within Heritage Park serve Heritage Meadows as well. VI. TRAFFIC STATEMENT A Traffic Study has been prepared by Associated Transportation Engineering and Associates. This study addressed the impacts of this project, and they concluded that the property can. be constructed with minimal impact to the surrounding street system. VII. ~ This report and the attached documentation demonstrate compliance with the applicable standards of the Woodbum Comprehensive Plan and the Woodbum Zoning and Subdivision Ordinances. Therefore, the requested annexation, zone change and subdivision should be approved. PAGE 3 - REVISED STATEMENT OF INTENT: HERITAGE MEADOWS Ksj:nlc 8/17/98 Heritage.app REC'D HERITAGE MEADOWS SUBDIVISION AUG I 8 1998 Narrative Statement May 26, 1998 WOOD'3URN COMMUNITY DEVELOPfa, ENT DEPT. This proposal is a request for approval to allow the division of 10 acres of land into 46 single-family lots. All .proposed lots are 6,000 square feet or larger. This application is submitted in conjunction with a request for annexation into the Woodbum City limits and a zone change to RS in compliance with the Woodburn Comprehensive Plan. This project will result in the creation of lots that meet all the minimum requirements of the Woodburn Subdivision Code and the Woodburn Zoning Ordinance for an RS zoned property. This project complies with the goals and policies of the Woodburn Comprehensive Plan as demonstrated by the following discussion. Residential Land Development Policies: A-1. This project has been designed on the basis of a neighborhood concept, as a phase of Heritage Park to the South, and in conjunction with the development of Miller Links to the East. Considering the existing land uses on adjacent properties, the subject development will be a neighborhood within itself until adjacent properties develop. Those properties to the South and West are currently being developed to single-family use. The site abuts Vanderbeck Road to the South. The proposed development includes a loop street which will provide for circulation within the development, thereby contributing to a close neighborhood feeling. As a phase of Heritage Park to the South, this development will be served by the "tot park" located in Heritage Park, allowing for interaction within this neighborhood. This small park area serves a dual purpose as a detention area, as well as a park setting. Development of this project will result in the payment of a large amount of"park" fees to the City, which will in turn be utilized by the City in the development of larger park facilities. Park fee collections will enable the development of a City-wide park system that will benefit not only the residents of individual neighborhoods, but the whole community of Woodbum. A-2. The proposed development is designed, and will be developed, in full conformance with the City of Woodbum Zoning Ordinance and Subdivision Ordinance. The City's preliminary and final reviews of the proposed development will help to secure code compliance. Additionally, the City of Woodburn's building permit process will assure that homes built within this development are established in compliance with applicable City standards and the State of Oregon Building Codes. Covenants, Conditions and Restrictions (CC&R's) will be developed as a part of this project to provide for the maintenance of this development in a manner consistent with applicable City standards and those standards established by the developer. These factors combined will ensure that the proposed development is a quality living environment, and that the development will not seriously deteriorate over time. A-3. This project is designed to achieve a moderate density of 4.6 lots per acre. The proposed density meets the density goal identified by the Woodbum Comprehensive Plan for an RS zone, and therein complies with LCDC's vision of residential development directed within identified and planned community boundaries. This development includes lot sizes and block lengths, as well as street trees that will contribute to a feeling of openness and PAGE I - HERITAGE MEADOWS - NARRATIVE STATEMENT Ksj:nlc 5/26/98 Heritage.ns spaciousness and result in a pleasant living environment within this project. A-4. The street pattern within the proposed development has been designated to direct traffic flow from this project to Vanderbeck Road and south to connect to streets within Heritage Park subdivision, which abuts the site on the south side. The residential streets within this development are designed to minimize through traffic usage. The Street pattern minimizes the use of dead-end streets and cul-de-sacs. A-5. This project has been designed in consideration of an efficient land use pattern and the encouragement of slow-moving traffic along residential streets. The design elements in this project which encourage slow-moving traffic include a loop street system, street curvature, and narrower widths on internal streets. Additionally, a street tree planting plan is planned. A-6. The subject property is currently vacant and does not contain any non-conforming uses. This site is intended to be developed as a residential neighborhood. CC&R's, which will be established as part of this development, will discourage the location of any non-residential uses within this residential area. Additionally, non-residential uses will be prevented from locating within this residential area by the City's enforcement of the Zoning Ordinance. A-7. There are currently no high traffic generating non-residential uses in the vicinity of this project that would increase traffic flows on residential streets within this development. A-8. There are no industrial or commercial uses adjacent to this development. A-9. This project is not a high density development and does not abut any high density developments. A- 10. There are no high density developments in the area that would cause traffic flow through the proposed development. Annexation Policies: D-1. The proposed development conforms with this annexation policy since it is a logical extension ofexisting residential areas and will connect with existing services adjacent to the site. As the result of the recent annexation of the Miller Links property to the East, the subject property is now bounded by the City on the West, South and East. This project is not an inefficient or sprawling development, which this annexation policy cautions against. Rather, it constitutes infill. This site is one of only a few large parcels of land available for development without substantial extensions of urban services. D-2. This project is located on the East side of Interstate 5 in the northeastern portion of Woodburn. Therefore, this policy is not applicable to this project. Transportation Goals & Policies: I-l. This project helps to protect the ability of collector and arterial streets to move traffic within the area by consolidating access to these streets where possible. The proposed street pattern is designed to connect with the existing street system in a manner that is safe, effective and PAGE 2 - HERITAGE MEADOWS - NARRATIVE STATEMENT Ksj:nlc 5/26/98 Heritage.ns I-2. I-3. I-4. I-5. efficient, as well as in compliance with the City of Woodbum Transportation Plan and the projected Year 2000 traffic conditions. The proposed development is designed with internal vehicular, bicycle and pedestrian circulation, as well as external connections to existing roadways adjacent residential areas. The proposed street pattern funnels traffic within this development to Vanderbeck Road and over the sweets in Heritage Park, and discourages through traffic flows. This project promotes the use of alternative modes of transportation. The street design in this project promotes the greatest amount of mobility within this development and neighborhood, while minimizing energy consumption through provisions for pedestrian and bicycle circulation. Environmental, social, aesthetic and economic impacts of the proposed development have been considered and are minimized by the project design. The proposed street system provides for bicycle and pedestrian movement within this development and connection with existing street systems and adjacent lands. Conditions of approval of this project will likely include provisions for the improvement of Vanderbeck Road, which abuts the site to the South. Additionally, streets within the development will be constructed to the standards established by the City. The proposed street system provides for the safe and convenient movement of bicycles and pedestrians both internally and externally. I-6. As discussed under Items I-4 and I-5, above, the proposed street system will provide for bicycle and pedestrian circulation. Growth & Urbanization Policies: r-1. This project is consistent with the master plans in the Woodbum Comprehensive Plan'as it is a logical extension of public services and is, thereby, an orderly and efficient growth of the City limits. K-2. No growth control policies exist, to the knowledge of the developer and his representative, that would restrict development of this proposed residential area. r-3. Proposed streets and utilities for this project will be extended and constructed at the developer's expense. System development fees will be assessed and paid at the time of building permit review for each individual lot. K-4. The project site is currently located within the boundaries of the Woodburn Urban Growth Boundary, and is now under review for annexation into the City limits. K-5. This policy does not apply to this project as application has been made directly to the City. K-6. The City of Woodburn will be responsible for providing proper notice regarding this annexation request to the County. PAGE 3 - HERITAGE MEADOWS - NARRATIVE STATEMENT Ksj:nlc 5/26/98 Heritage.ns K-7. K-8. K-9o K-lO. K-11. A demonstrated by the written comments submitted with this request, this project is consistent with the City's Comprehensive Plan and land use regulations. This policy does not apply to the subject proposal, as this request does not include a Comprehensive Plan Amendment. This policy does not apply to the subject proposal since the property is requested to be annexed into the City limits. The subject property is requested to be annexed into the City limits. The proposed development has been prepared in a manner that promotes orderly and efficient development of the land, as well as a logical extension of public services and facilities in a cost-effective manner. As demonstrated by the written comments submitted with this request, this project: a. Provides an orderly and economical extension of public facilities and services; b. Contributes to the variety of residential land choices in the marketplace; c. Is consistent with applicable LCDC Goals; d. Provides a large development site, which is necessary for a cost-effective base for new home construction; and e. Is consistent with the applicable provisions of the Woodbum Comprehensive Plan. PAGE 4 - HERITAGE MEADOWS - NARRATIVE STATEMENT Ksj:nlc 5/26/98 Heritage.ns EXHIBIT "F Beginning at a point which is 2914.2 feet South 89° 03' East and 1559.6 feet South 1° 47' West from the Northwest corner of the R. Hurley Donation Land Claim in Township 5 South Range 2 West of the Willamette Meridian in Marion County, Oregon; thence North 1° ~.7' East 830.9 feet; thence East 524.25 feet; thence South 1° 47' West 830.9 feet to a point which is 524.25 feet North 89~ 57' East from the 'place of beginning; thence South 89° 57' West 524.25 feet to the place of beg~ing. Subject to the rights of the public in and to a strip of land 40.00 feet in width off the South side of the above described tract. REC'D ,A, JAN 0 8 1998 WOODBURN COMMUNITY DEVELOPMENT DEPT, Page 1 - Exhibit F to Annexation Petition WOODBURN PUBLIC SCHOOLS MARION COUNTY SCHOOL DISTr, icr 103 965 NORTH BOOBIES FERRY ROAD WOODBURN, OREGON 97071 (503) 981-9555 November 7, 1997 Lee Sjothun Hidden Creek Properties P.O. Box 21209 Keizer, OR 97307 Dear Lee: Please be advised that Woodbum School District estimates the student impact on the 50-lot subdivision you are planning to develop would be .54 students per household. Should you have any questions, please feel free to contact me. Sincerely, a~ck~ D. Reeves Superintendent of Schools '~' REC'D ,~. JAN 0 8 1998 WOODBURN COMMUNITY DEVELOPMENT DEPT. Woodbum School District 105 complk~ wtth ptxwlsions of the varlo~ civil rights laws, such am the Fair Employment Practlc.~a AcL the Ame~cans with Disabilities Act. Title IX Regulations. and ~x~on 504 of iq, 95.112 In employment and educational programs and activities. PETITION FOR ZONE ~MAP C_HAH.GE_ _ , DIRECT QUESTIONS TO: KENNETH SHERMAN, JR. 687 COURT STREET, N.E. (ADDRESS) OREGON SALEM (CITY) (STATE) REQUEST: To change 10.00 AC of (present zone/present comp. plan) To (desired zone/desired comp. plan) RS by the City. of Woodbum Zoning Ordinance. OWNERS: SCHOOL DISTRICT NO. 103C NAME (pi FA,SE PRINT OR TYPE'} 1 (503) 364~2281 (TELEPHONE 9730i (ZIP CODE) UTF/RES as such zones are defined 965 N. BOONES FERRY ROAD WOODBURN, OREGON 97071 ADDRESS & ~P CODE LOCATION AND Sg_EOFTHE PROPERTY;orEnotaddressed, ~enstate ¢cstancetothe nearest intersectingstreetor 10.00 acres located North of Vander~ec~~and East of Woodburn Senior Estates No. 8, Marion County, O~eg~n APPLICATION CHECKLIST OFFICE USE ONLY YES NO 2_ 3. 4. Statement of Intent (Exb. A) Plot' Plan (F__xb. B) Legal Description of the Property Ust of All Property Owners within 250 Feet of the Property Assessors Map REC'D 'A' JAN 0 8 1998 WOODBURN COMMUNITY DEVELOPMENT DEPT. REQUIRED ATTACHMENTS STATEMENT OF i~ should Cr~scuss/explain the mason this request is made. Include bdef description of any proposed construction or land use change, show that the request is: 1) in conformance with the Comprehensive Plan; 2) there is a public need for this change; 3) that need is best met by this proposal; 4) there is no other ava'lable and appropriately zoned land in the vicinity;, 5) pe~doneds cannot make a reasonable use of the land as it is currently zoned. (See zone change policy considerations). (Mark EXHIBIT 'A~) PLOT PLAN: Show all properties within 250' from and parallel to the subjeot property and the land use of each. Mark EXHIBIT 'B', Draw to scale. LEGAL DESCRIPTION of the property in metes and bounds (as it appears on the deed); Mark EXHIBIT 'C', or if property is within a platted subc~sion: * Lot: , BloCk: , of (Subdivision). *NOTE: If a fraction of the lot, then attach full description as if it were metes and bounds. NAMES AND ADDRESSES OF ALL PROPERTY OWNERS within 250 feet from and pare~el to the subject property. and map from title company and attach. Mark EXHIBIT 'D". (husband and wife) Obtain certified Est ASSESSOR'S MAP. Attach copy of Marion County Assessor's map showing subject area and outlining 250" no.cation a~ea. Mad< EXt-~IT We, the undersigned, hereby certify that all the statements in the plot plan, attad'~ents, and exhibits ffansmitted herewith are true and complete; and we are the owners of record or contract purchasers of property for which the zone map chan.c[e is requested: " NAME SCHOOL DISTRICT NO. 103C DAT5 By I ~ REC'D ,~ JAN 0 8 1998 WOODBURN COMMU?TY DEVELOPMENT DEF i'. SUBDIVISION/PARTITION PRELIMINARY PLAT APPLICATION Rec. By: Date: App. No. CONCURRENT REVIEWS: ADJUSTMENT SITE PLAN REVIEW VARIANCE CONDITIONAL USE SUBDIVISION NAME: HERITAGE MEADOWS X ZONE MAP AMENDMENT COMP. PLAN AMENDMENT REPRESENTATIVE OR CONTACT PERSON: KENNETH SHERMAN, JR. 1 (503) 364-2281 1 (503) 370-4308 (NAME) (PHONE) (FAX) 687 COURT STREET, N.E. (ADDRESS) SALEM OREGON 97301 (CITY) (STATE) (ZIP CODE) PROPERTY OWNER:(Please print or type) 1. SCHOOL DISTRICT NO. 103C ADDRESS & ZIP CODE 965 N. Boones Ferry Road Woodburn, Oregon 97071 2. Certified list, on pre-pasted labels for mailing, with the names and addresses of property owners within 250 feet for a Subdivision and 100 feet for a Partition. 3. REQUEST:. Give the acreage, number of lots, average lot size and any variances being requested. For example: "To divide 9.98 acres into 48. lots ~i~;~~t~qal~9~l~it~tiX~x;F~ ~~8~eX~S~K~~(. Average lot size of 6,432 square feet 4. The ZONE AND COMPREHENSIVE PLAN designation in which the parcel is located. UTF (a zone change to RS is being applied for concurrently). The comprehensive plan designation is residential. 5. Describethelocation ofthe property orgivethe address: Adjacent to and immediately North of Vanderbeck Road and adjacent to and immediately East of Woodburn Senior Estates No. 8, Marion County, Oregon. Map No. 5 lw 06c Tax Lot #(s). 500 Attach a written statement, marked Exhibit "A" which explains your reasons for subdividing the land and provides evidence that the request conforms to the Woodbum Comprehensive Plan, Zoning Ordinance, and Subdivision Policies. Attach a preliminary plat and narrative which contains the following information (Exhibit ."B"): REC'D JAil 0 8 1998 The applicant bears the burden of proof that ail-approved criteria has been met. WOODBURN C--~)MMUNITY DEVELOPMENT DEPT. ( ) Date ( ) Vicinity Map ( ) Area map identifying adjacent structures and lots ( ) Subdivision Name (The name of any proposed subdivision shall not be the same as or similar to any name used on a recorded plat on the county or city). ( ) Township, range, section, tax lot number(s), acreage of the property to be divided. ( ) Attach a legal description(s) of the property. ( ) North arrow, scale (one inch equals 200 feet or larger) ( ) Locations and names of ali existing streets within or on the boundary of the proposed subdivision/partition. ( ) Locations and names of all proposed streets. ( ) Lot (parcel) layout with approximate dimensions, lot(parcel) numbers and areas for all lots (parcels). ( ) Provide a footprint of the buildable area for each lot. ( ) Zoning and Comprehensive Plan designations in the proposed subdivision (partition) and area adjacent to the proposed subdivision (partition). ( ) Indicate which buildings are to remain and which are to be removed. ( ) Topography within and adjacent to the proposed subdivision/partition. ( ) Locations of drainage ways, flood ways, or floodplain within and adjacent to the proposed subdivision/partition. ( ) 'i'he location and size of all proposed water, sewer, and storm drain lines. ( ) The location of all proposed fire hydrants. Signatures of each owner (husband and wife) or contract purchaser. [NAME ADDRESS AND ZiP CODE EXHIBIT "A' STATEMENT OF INTENT This request is made in conjunction with an application to annex the subject property to the City of Woodbum. The subject property is adjacent to the current City limits, and lies wholly within the City's Urban Growth Boundary. As such, it has been identified as property which is to be incorporated into the City and developed for urban uses. The subject property is currently designated Residential on the Woodbum Comprehensive Plan, and thus it is appropriate to rezone it fi.om UTF to RS in conjunction with its annexation into the City. The requested rezoning of the property will facilitate the development of the same as a single family residential subdivision. The applicants are concurrently applying for subdivision approval for the property. REC'D JAN 0 8 1998 WOODBURN COMMUNITY DEV~...OPMENT DEPT. PAGE 1 - EXHIBIT "A" - STATEMENT OF INTENT - PETITION FOR ZONE MAP CHANGE Ksjr:nlc 12/15/97 Woodburn. exa I I I I I SUBDIVISION/PARTITION PRELIMINARY PLAT APPLICATION Rec. By:~ Date: App. No. CONCURRENT REVIEWS: ADJUSTMENT SITE PLAN REVIEW VARIANCE CONDITIONAL USE SUBDIVISION NAME: HERITAGE MEADOWS X ZONE MAP AMENDMENT COMP. PLAN AMENDMENT REPRESENTATIVE OR CONTACT PERSON: KENNETH SHERMAN, JR. 1 (503) 364-2281 1 (503) 370-4308 (NAME) (PHONE) (FAX) 687 COURT STREET, N.E. (ADDRESS) SALEM OREGON 97301 (CITY) (STATE) (ZIP CODE) PROPERTY OWNER:(Please print or type) 1. SCHOOL DISTRICT NO. 103C ADDRESS & ZIP CODE 965 N. Boones Ferry Road Woodburn, Oregon 97071 2. Certified list, on pre-pasted labels for mailing, with the names and addresses of property owners within 250 feet for a Subdivision and 100 feet for a Partition. 3. REQUEST: Give the acreage, number of lots, average lot size and any variances being requested. For example: "To divide 9.98 acres into 48. lots ~~t[~~~t~t!~~rac s~K:xe~aRxa~l~.~a~c4~cj~c~~x. Average lot size of 6,432 square feet 4. The ZONE AND COMPREHENSIVE PLAN designation in which the parcel is located. UTF (a zone change to RS is being applied for concurrently). The comprehensive plan designation is residential. 5. Describethelocation ofthe property orgivethe address: Adjacent to and immediately North of Vanderbeck Road and adjacent to and immediately East of Woodburn Senior Estates No. 8, Marion County, Oregon. 6. Map No. 5 lW 06c Tax Lot #(s) 500 7. Attach a written statement, marked Exhibit "A" which explains your reasons for subdividing the land and provides evidence that the request conforms to the Woodburn Comprehensive Plan, Zoning Ordinance, and Subdivision Policies. 8. Attach a preliminary plat and narrative which contains the following information (Exhibit ."B"): REC'D JAN 0 8 1998 The applicant bears the burden of proof that allapproved criteria has been met. woooBu . E)EVELO~MEN~ u~r,. Date Vicinity Map Area map identifying adjacent structures and lots Subdivision Name (The name of any proposed subdivision shall not be the same as or similar to any name used on a recorded plat on the county or city). Township, range, section, tax lot number(s), acreage of the property to be divided. Attach a legal description(s) of the property. North arrow, scale (one inch equals 200 feet or larger) Locations and names of all existing streets within or on the boundary of the proposed subdivision/partition. Locations and names of all proposed streets. Lot (parcel) layout with approximate dimensions, lot(parcel) numbers and areas for all lots (parcels). Provide a footprint of the buildable area for each lot. Zoning and Comprehensive Plan designations in the proposed subdivision (partition) and area adjacent to the proposed subdivision (partition}. Indicate which buildings are to remain and which are to be removed. Topography within and adjacent to the proposed subdivision/partition. Locations of drainage ways, flood ways, or floodplain within and adjacent to the proposed subdivision/partition. The location and size of all proposed water, sewer, and storm drain lines. The location of all proposed fire hydrants. Signatures of each owner (husband and wife) or contract purchaser. ADDRESS AND ZIP CODE ood o n ,. PRELIMINARY PLAT APPLICATION This request is made to facilitate the development of the subject 9.98 acres into 48 single family lots, having an average size of 6,432 square feet. This application is submitted in conjunction with concurrent applications to annex the subject property to the City of Woodburn, and to rezone it fi.om UTF to RS so that the zoning will be in conformance with the residential designation for the property on the Woodbum Comprehensive Plan Map. The subdivision plan submitted herewith will create lots that meet all of the minimum requirements contained in the Woodburn Subdivision Code and zoning ordinance for a parcel zoned RS. The subdivision of this property for single family residential use is appropriate and timely. Woodbum has been experiencing robust growth in both commercial and residential development in recent years, and adjacent properties to the South and East are rapidly developing. The development of the subject property is the next logical extension of this residential development within the city. Necessary city services are available to the lot lines of the subject property, and the proposed subdivision will be served by Vanderbeck Road. The proposed subdivision of the subject property will make efficient use of the same, achieving an average density for the site of 4.8 units per acre. K KITTELSON & ASSOCIATES, INC. TRANSPORTATION PLANNING/TRAFFIC ENGINEERING 610 SW ALDER, SUITE700 · PORTLAND, OR 97205 · (503) 228-5230 FAX (503) 273-8169 April 7, 1999 Project #: 2618 Mr. Steve Goeckritz Community Development Director City of Woodbum 270 Montgomery Street Woodburn, OR 97201 RE: Boones Crossing Planned Use Development Traffic Study Addendum 2 Dear Fred: Kittelson & Associates, Inc. has revised the site traffic impact analysis associated with the Boones Crossing Planned Unit Development to reflect the latest site plan which reflects no access from the proposed development to Brown Street. This study has been prepared as an addendum to the Boones Crossing PUD Traffic Study Addendum, dated August 20, 1998. The October 1998 site traffic study addendum had earlier addressed the site traffic impacts on Highway 214 between Settlemier Avenue and I-5, reflecting a revised site plan and modified trip generation characteristics from that addressed in the original October 1997 site traffic study. The current analysis also reflects the revised site plan and trip generation, but only addresses the study intersections adjacent to the site and the Parr Road/Settlemier Avenue/Front Street intersection (which are impacted by the restriction of access to Brown Street, and which were not addressed in the supplemental Highway 214 study. This letter also clarifies the function of the proposed South Arterial on the south side of the site, and the proposed site driveway locations along that street. This is in response to questions posed by the Woodburn City Council at their initial hearing on the Boones Crossing PUD project last October. Site Traffic Impact without Brown Street Connection Assumptions The revised site traffic analysis assumed year 2003 conditions. Year 2003 is considered the most reasonable development year at that time in which site build-out would occur. Background traffic was assumed to be the same as shown in the original October 1997 traffic analysis (estimated 1998 conditions), increased to reflect a three percent annual growth rate (or 15 percent five-year total). FILE NAME: H:XPROJFILEL2618\REPORT~ADDEND.WPD Mr. Steve Goeckritz Project 2618 April 7, 1999 PasTe: 2 Trip Generation and Distribution The trip generation for the residential development reflected in this report is consistent with the assumptions in the August 20, 1998 report. The assumptions are as follows: Single Family Housing - 244 Dwelling Units Apartments - 91 Units Neighborhood Commercial - 10,000 Square Feet The estimated site traffic generation shown in Table 1 below was based on the new Institute of Transportation Engineer's Trip Generation, 6th Edition, report and assumes a ten percent internal trip reduction. Table 1 Updated Estimated Site Traffic Generation Hour Trips Hour Trips ITE Weekday Apartments I 91 220 605 I 5 40 45 35 20 55 IUnits [ Neighborhood I 10,000 814 405 I 30 35 65 30 20 50 External Trips The site traffic was re-distributed to reflect access points along Boones Ferry Road and the new South Arterial only (access to Brown Street has been removed). Figures 1 and 2 show the estimated site-generated traffic volumes during the weekday A.M. and P.M. peak hours. Total Traffic The site-generated traffic volumes were added to the 2003 background traffic volumes to obtain the estimated year 2003 total traffic. Figures 3 and 4 show the total traffic volumes during the weekday A.M. and P.M. peak hours. Table 2 summarizes the levels of service, delay, and volume-to-capacity ratio during each analysis period. Kittelson &Assoc/ates, /nc. Port/and, Oregon Mr. Steve Goeckritz Project: 2618 Apr# 7, 1999 Page: 3 Table 2 2003 Total Traffic Level-of-Service Ali-Way Stop Control Two-Way Stop Control Delay Critical Delay Intersection V/C (sec) LOS Approach V/C (sec) LOS Weekday A.M. Peak Hour (7:00-8:00 A.M.) Parr Rd./Setti lem ier Ave. 0.88 13.4 C ...... i .................... i"i Boones Ferry Rd./Access "A" WB 0.12 4.5 A Arterial Roadway/Access "D" i :i!i .... ! iill SB 0.08 2.8 A I Weekday P.M. Peak Hour (4:15-5:15 P.M.) Parr Rd./Settilemier Ave. 0.87 14.5 C i!ii}!i!!i!!i}!!!iii!iliiiiii!iii!}i!i}iiii!!i! Boones Ferry Rd./Access "A" iili ii i WB 0.07 4.1 A Boones Ferry Rd./Access "B" SB 0.38 5.7 B Arterial Roadway/Access "C' iiii i i WB 0.05 3.9 A Arterial Roadway/Access "D" !iiiiiii}iiiiiiii!iiiiiiiiiii (~?~?~i~!~?~i~:~ii~i~:i~:iii~i~ii~:iiii~:i~?~!~!!?:?~!~!~i~!?:~!~?:~i!!~!~! iiii!iiiiiiiiii!ii!!iiiiiiiiiiiiii SB 0.03 2.7 A LOS = Level-of-Service; V/C = Volume-to-Capacity ratio; WB = Westbound; SB = Southbound As shown in Table 2, all study-area intersections will operate acceptably during both the A.M. and P.M. peak hours. Conclusions and Recommendations The analysis revealed no significant impacts to the study-area intersections will occur without access to Brown Street. Therefore, the following findings and recommendations discussed in the original transportation impact analysis and addendum study (Boones Crossing Planned Unit Development, October 1997 and Boones Crossing PUD Traffic Study Addendum, August 20, 1998) are as follows: All study area intersections will continue to operate at an acceptable level-of-service in year 2003 during the weekday a.m. and p.m. peak hour time periods with full build-out of the proposed development. Under full-build out in 2003, the proposed intersection of Boones Ferry Road with the new South Arterial roadway will operate at an acceptable level-of-service during both the weekday A.M. and P.M. peak hours as a two-way stop-controlled intersection (east-west stop-controlled). Kittelson &Assoc/ates, /nc. Portland, Oregon Mr. St~v~ 61o~ckritz Projoct: £615 April 7, 19~ PaSTe: 4 Landscaping along the site frontage should be limited to low-growing ground cover or trees that do not obstruct sight lines to ensure that adequate sight distance is maintained in both directions at each of the proposed access points. South Arterial At the October 26 Woodbum City Council hearing, the Council expressed several opinions on the function and design features of the South Arterial, a portion of which on the south side of the Boones Crossing development is to be built as part of the development. As KAl developed the Woodburn Transportation System Plan (TSP), and have had continual dialogue with the City, Marion County, and ODOT on transportation issues in the City since Council adoption of the TSP, we would like to clarify the status of the South Arterial development and its function within the overall Woodbum transportation system. The Woodbum TSP adopted by Council in 1996 included a new South Arterial facility on the roadway functional classification plan. This roadway was classified as a minor arterial, with the intent to develop this as a three-lane roadway (two through lanes and a center left turn lane or median) with bike lanes within a 74 foot right-of-way. The specific alignment of the South Arterial was not resolved as part of the TSP effort, as the western terminus of the arterial and its interface with I-5 was influenced by the eventual location of an I-5 interchange improvement in Woodburn. Assessment of I-5 interchange improvement alternatives will probably occur as part of a current broad I-5 Corridor Study being sponsored by ODOT. The 20-year transportation improvement program included in the Woodburn TSP identified the section of the South Arterial west of Boones Ferry Road to 1-5 to be constructed in the 6-10 year time frame, and the section east of Boones Ferry Road to Highway 99E to be constructed in the 11- 20 year time frame. Given that it could be several years before the location for a new or modified I-5 access on the south side of Woodbum it resolved and final plans are developed, it is probable at this point that the western portion of the South Arterial could slip to the 11-20 year time frame. The long-term nature of the South Arterial was reflected in our Boones Crossing site traffic study in that the year 2003 analysis was conducted assuming the South Arterial would not be developed. The South Arterial was envisioned in the TSP to be a City street. This was in light of ODOT investment in future roadway improvements being concentrated in the Highway 214 corridor, which was shown in the TSP as needing to be a multi-lane roadway. As ODOT has not programmed any funds over the next six years on further planning and design studies on Highway 214, the City of Woodburn has taken the initiative to fund an initial alternatives analysis study to refine the build alternative along the Highway 214 corridor to be carried into future environmental studies. This further diminishes the ability of the City to advance further alignment studies on the South Arterial at this point. Finally, with respect to the access management plan for the South Arterial, and how this relates to local street access east of Boones Ferry Road off the South Arterial to serve the Boones Crossing development, the stipulations in the Woodbum Access Ordinance should be followed. For the South Arterial, as a designated minor arterial, the ordinance calls for minimum signal spacing of V2 mile K/ttel. on & As$oc/atos, Inc. Portland, Ore~7on Mr. Steve Goeckritz Project: 2616 April 7, 1999 Page: 5 and minimum private driveway spacing from the nearest public street intersection of 245 feet. There is no minimum spacing requirement identified for public street intersections for the minor arterial classification, though a spacing of 600-700 feet is suggested in Figure 4 of the ordinance. If a raised median is developed (yet to be determined as being needed on the South Arterial), minimum spacing of median breaks would be 1/4 mile for directional traffic and ½ mile for two-way traffic (consistent with the minimum signal spacing of ½ mile). We anticipate that this letter adequately addresses the transportation-related issues and access modifications associated with the Boones Crossing Planned Unit Development in Woodbum, Oregon. Please call if you have any questions or need additional information. Sincerely, KITTELSON & ASSOCIATES, INC. Alan R. Danaher, P.E., AICP Principal Engineer CC. Fred Gast, Polygon NW Mike Miller, Alpha Engineering Attachments: Level-of-Service Analysis worksheets Kittelson & Associates, Inc. Portland, Oregon NORTH (NOT TO SCALE) PARR RD. HAYES ST. NEW SOUTH ARTERIAL ROADWAY BELLE PASS RD. 2s..Y LEGEND EXISTING ROADWAY PROPOSED ROADWAY' SITE-GENERATED TRAFFIC VOLUMES WEEKDAY AM PEAK HOUR BOONES CROSSING PLANNED UNIT DEVELOPMENT FIGURE mJ]7~ WOODBURN, OREGON 1 APRIL 1999 2618A201 NORTH (NOT TO SCAIr) HAYES ST. PARR RD. NEW SOUTH ARTERIAL ROADWAY BELLE PASS RD. 70,,~ LEGEND EXISTING ROADWAY PROPOSED ROADWAY SITE-GENERA TED TRAFFIC VOLUMES WEEKDAY PM PEAK HOUR BOONES CROSSING PLANNED UNIT DEVELOPMENT FIGURE m,~ WOODBURN, OREGON 2 APRIL 1999 2618A202 HORTH (~0~ ~0 Scour) HAYES ST. PARR RD. NEW SOUTH ARTERIAL ROADWAY BELLE PASS RD. LEGEND EXISTING ROADWAY PROPOSED ROADWA~ 2005 TOTAL TRAFFIC VOLUMES WEEKDAY AM PEAK HOUR BOONES CROSSING PLANNED UNIT DEVELOPMENT FIGURE WOODBURN, OREGON .~RIL 1999 NORTH (HOT TO SCALE) HAYES ST. PARR RD. N'----~ SOUTH ARTERIAL ROADWAY BELLE PASS RD. LEGEND EXISTING ROADWAY ProPOSED ROADWA~ 2005 TOTAL TRAFFIC VOLUMES WEEKDAY PM PEAK HOUR BOONES CROSSING PLANNED UNIT DEVELOPMENT FIGURE WOODBURN, OREGON 4 APRIL 1999 2618A204 ooo ~ ~ ~ ~o ~ ~ ooo ooo ooo ~ ~ ~ , ooo o ~ ~ ~ 000 ~ § , 0 u 0 d 0 XX ,XX XX~ XXXX XM MX XXXM ~XX ,.XXXX ~.__~xxxx xX XX X~ XX XX XX XX XX XX~ XX XX XX xx~xx~ XX~X~ XX XX XX ~XoXX XX ~X XX xx~xx ~X~X~ XX XX XX X~O~O o° o XX.XX XX XX o 0~"0 o O~ °~°°°°~°°° XX XM ,X~ XX~XX X~ M~XX ~ ~X~X ~ ~ X ~ ~ MM ~XXM ~X*XX XX XXX~ ~ ~XX ~ 0 M~OXMO MM XXXX M MM ~ ~ l~xx x ~xx 0 XX X~XX Xe~ ~0~00 XX XXMX X ---- xx xxxx x , xx o ,_~ t'O,:a:: ~ d~- .Qr.. 0 '0 CDC)CD 000 ~0~ 000 0~ 000 000 000 000 000 ~o~ ~ ooo ooo ooo ooo ooo ooo C) 0 0 d T :Il 0 T o o XX ~XXX o Mx XXXX ~,~ ~X ~XXX ~X~XX ~X XXXX X~O~O XX XXXX ~ ~X XXXX · ~ XXXX XX XXXX 0 o X~ ~XXX XX~X~ ~ XXXX XX XX XX XXXX XX XX ~ ~ ~X XXXX XX,XX ~X X~ CO~ ._9>** .~.R · · O~ ~ N~ ~ oDoooo~ooo o~o~o~o~ XX*XX XX~XX XX XX XX XX ~X*XX XX~XX X XXOXXC~ XX · X X I','1 XXs--XX XX XX ~x Xx xx xX xX XX xx XX XX xx XX XX xx ~X XXXX XXXX ~XXX XXXX XXXX ~X~X XX XX XX XX XX XX XX XX Xx XX XX ~X XX XX XX XX XX XX XX x~ X~ XX XX XXXX XXXX X , X~XX X XXXX X ~XXX ~ XXXX XXXX X XX x~ XX XX XX X ~X o~oooo~ooo ~4/09/1999 ii:S? 36069~4442 POLYGON PAGE 01 POLYGON NORTHWEST 2700 NE ANDRESEN #D-22 VANCOUVER, WA 98661 360-69.~7700 OFFICE 360-6~3.-4442 FAX facsimile mittal To: ~~ ~, Fax: -From: ~--~'5~ ~---~, Date: Re: Pages: "~ CC: ID Urgent n For Review [] Please Comment [] Please Reply 04/09/1999 11:37 3606934442 POLYGON A-I;~8-1999 9:AZLI::>M FROM HADJAP 719 AT~ .F~96 13:.~4 36~6934"'42 {~13Z,.'r'~.m(Jq POLYGON ~NORTHVV-EST COlvIPANY J<mp A. ~ Susan E. 1715 Mc~ Your~ sinc~ely. POLYO0~ NOR~T J~. Br~n~ Inc.. C,~rd Par~c~ PAGE 02 P. 2 ~2 04/09/1999 i1:37 3686934442 POLYGON ~6~ 83 APR-O?-88 1~.~ FROM--BALL J~NIK LL~ ID:~O9 ~9~ 1~8 PAG£ ~/~ After Reoord~ tL~x~rn To: Ball Ianik LLP 101 SW Main Sweet, Suite 1100 Portland, OR 97204 Arm: GaryD. Cole STORM DRAIN EASEM~E~ AGREKMIgll~I' DATE: , I999 BETW~_ .~: JOS][P A. I~kDIAP, and SUSAN E. I~IADJAR CGraator") POLYGON DEVELOPMENT COMPANY, a Washington general parmership R.ecitals: A_. Grantor ovals ~ real proper~ in Marion Count, Oregon ~o~ ~ the ~h~ ~ A (the ~tor ~~). B. ~t~.~ ~ r~ pro~ ~ ~on Co~, ~on l~y d~~ on ~ ~~ E~bk B (~e "~ ~o~). ~or d~ to ~t to ~ ~ ~~ts o~ ~ ~or Prop~ on ~ t~ ~d ~n~fiom ~~ ~ ~s Store ~ A~eeme~l;s: NOW, TN'aP, lr.I;ORE, in consideration of the amount of $~to be paid by Crrantee to Grantor by the tenth (10th) day following the earlier to occur of (O'recordation of this Agreement or (ii) ae, c, eptauce of the Storm System (as d~f:med in Section I below) by the City of Woodbum and the covenants set forth in-,.he this A~e~ne~ the receipt and sufficiency of which are h~r~by ackuowI~ged, thc parties aga~ as follows: 1. Grant of Easement. Grantor hereby declares and crcat~ for the benefit of Grantee a non-exclusive ea,semeat owr and a~'ross the Gramor Property for purposes of installing, r pairi and replac a storm drain syaem Systzm'9 that will s~i've the Grantee Property, at the cost and e~cptmse of C.n-amee, subject to the limit_~ions set forth in this ~ent. This easement is granted as a ben, fit and ri~t appurtenant to the Grante~ Property. The areas ~bject to the eas~meat are a 16-foot permanent eascnnent on. which the Storm System will be loc~e~ and a 40-foot tempo~ easeraent for purposes of installing and constructing the Storm System. Both areas are shown on the attached ~Ex~it A_ In thc c-year of any future develop,~e~n on the Grantor Property, C.n-amor and ~r'a ~ucc. essor~ ahall have the right to use the easement for ingre~ and egress and for any future utility constxuction under or above the Storm System. 1 84,/8'5,,'1999 11:37 3606934442 POLYGON PAGE 04 APR-O?-99 10:25 FROM:BALL JANI~ LLP ID:5(~3 29~; 10S8 PACE 3/ 2. InstalJ¢., fion and Construction_ Grantee agrees to provide at least 30 days' notice to GTantor prior to installation and construction of the Storm System. C_rrantee shall be responsible for obtaining all required governmental permits and authoriTa_rions for installation and construction of the Storm System, for in._em_lling and constructing the Storm System in a good &nd wor -krnanlike mimic, at Gramee's cost and expenso, and for restoring the Grantor Property (mclud/ng, if these ar~ &fleeted, fencing and survey monumentation) to the condition existing as of the dzte ofth/s Agreement. Grantee agr~ ecs thzz k shall coordirmte its work with C. rmntor so as to rmpimize any disruption to Gra.ntor's farming operations on the Cn-amor Property. Grantee agrees to submit the final construction draxvings and permits for the Storm System to Grantor for Grantor's prompt and reasonable re, clew and approval. The temporary ea3ement referred to in Section I above stroll only be used during installation, construction, or replacemem of the Storm System_ Grantee fu.mh~ agrees to install a manhole at the lowest point of the Grantor Property and to prox4de a stub out from the manhole for the benefit of O-nmtor. 3. .~iabilim Indemnification. Under no eircurnstanc4~ shall C. mmtor be liable to Grantee for any loss or damage arising out of the use of the easemem described in this A.,weement by Grantee or its agents, contractors, invitees, or lieer~ees. Grantee hereby agrees to indemnify and hold harmless Grantor and Grantor's members and agents from and agai~ any and ~l claims of third persons, losses, damages, liabilities, costs, or expenses arising from the use of the easement by C_n'antee or its agents, contractors, inGtees, or licensees. Grantee shall cause any iicm that may be a.s3erted against the Grantor Property as a result 0£ activities for or on b~.h21f'of Grantee to be promptly dischm-ged and -shall full)' compensate Grantor ~r any damage to the Oramor Property r~sult, iv.g from such acti,,i'des. 4. l~gJ'rts of Grantor Relating to Storm System- Grantee acknowledges that Grantor contem?lazes the future developmem of the Grantor lh-operty. Crrantee agrees that the S~orrn System skill be designed and engineered to azco;,;modate the use of the Storm System by residential urits that may be developed on the Grantor Property in accord~ce with applicable Laws, ordinances, and regulations and that Grantor and any subsequent owner or lessee of the C. rrmator Property skall have the right to connect such futura re..4demial units to the Storm System ax any time or from time to time without payment of any latecomer or similar charge. 5. Covenants and F, seaents to l~un with Land. Each covenant and easement contzined in this Agreement shall nih with the l_and as to all propm'ties benefited and burdened by such covenant or easement, including any partition or division of such pmpeay. The flights, covenants, and obligations contained in this Agreement shall bind, bm'den, and benefit Grantor, Crramee, and their respecti~'e successors, successors in title, lessees, mortgage~s, beneficiaries under deeds of trust, and assigns, as well as any governmental authority to whom the Storm Syszem may be dedicated. 6 Kmendment; Waiver. This Agreement may be mended only by writtea agreemem by the owners of the Grantor Property and the Grantee Property recorded in the Official Records of Marion County, Oregon. In the event ora subdivision of either or both of the Grantor Property a.nd/or the Grantee Property, the written consent of owners of a majority of the subdivided lots then located on the Grantor Property or the Cn-antee Prolxrty, as the case may be, dm.Il be sufficient to bind the Grantor Property or the Grantee Property, as the ea.qe may be. Ail 2 04/05/1B99 11: 37 3606934442 POLYGON PAGE 85 ~PR-O?-sq lo,2s FROM:B~LL JANIK LLP ID,S83 2~S 1OS8 P~G£ wai,~,er$ of any provision of this Agreement must be in writing and signed by the party to be charged. IN' WITNESS WHEREOF, the parties have execa~ed this Agreement as of tho d~¢ first set forth above. osip A. S dj,r Su.qan E. Madjar POLYGON NORTHWEST COMPANY, a Wa~bin~on general partnership By: Brentview, Inz., Genrr~ Partner David Outschmidt, Asst. Vice President STATE Or ) ) County of ) The foregoing instxument was acknowledged before me this 1999 by losip A. Madjar and Susan E. MMjar. Notary Public for My Comm;ssion ExpireS: STATE OF ) ) County of ) The foregoing instrument was acknowledged before me this __ day of · 1999 by David Gutschmidt, who is the Assistant Vice President of Brentview, Inc., a general partrmr of Polygon Northwest Company, a Washington general partnership, on behalf of the partnet~p. Notary Public for My Commis~on Expires: AP~-O?-E~ 10:25 FROFI:~ALL J~NIK LLP POLYGON ID:S03 2-q~ 10-~8 PAGE OG PAC~ ~IT A ~ranto~- Prope~, 4 04/'09/19':J9 11: 37 36,86934442 POLYGON PAGE 07 Crr~.ut~e $ O1 ~1 .f,~.02 84/12/1999 14:87 3686934442 POLYGON PAGE 01/0§ facsim/le tra_ nsmittal POLYGON NORTH'WEST 2700 NIl AiWDRESEN ltD-22 VANCOUVER, WA 98661 360-695-7700 OFFICE 360-693-4442 FAX To: F'F-- b,~,t.~_ Fax: From: .~:::~ Date: Re: CC: Pages: [] Urgent [] For Review FI Please [] Please Comment Reply 04/12,/1999 14:07 3606934442 POLYGON PAGE 02/05 POLYGON NORTHWEST COMPANY' March26, 1999 Robert and Naomi Forbes 1550 Brown Street Woodburn, OR 97071 Dear Robert and Naomi: This letter will confirm our recent discussions regarding a storm easement across your property. We have agreed that if the City of Woodburn approves Polygon's "Boones Crossing" development and Polygon requests you to do so, you and Polygon will sign ami record an easenmnt substantially in the form attached to this letter (or if the City is prepared to w, cept the dedication of the storm drain, in a form requested by the City that substantially incorporates the terms and conditions of the attached ~ent), and Polygon will pay to you $4,800. Polygon agrees that the easement must be signed and recorded and the storm drain installed vdthin lg months of'the date of this letter agreement. If this letter accurately describes the terms of our understanding, please so seknowledge by signing on the indicated lines below. Thank you for your consideration. Yours sincerely, POLYGON NORTHWEST COMPANY By: Brentwood, Inc., General Partner By:. ~ Title:~~ ACKlqOWI.-~nGKD AND AGREED: Robert C. Forbes Naomi J. Forbes And~e.~n Plaza. 2700 NE Andresen, Suite D-22, Vancouver, WA 98661 (360) 695-7700 Fax (36~) 693-4442 '84/12/1999 i4:87 3606934442 POLYGON PAGE 03/05 After Rocerding Return To: Ball Janik LLP 101 SW Main Street, Suite 1100 Portland, OR 97204 Arm: O~y D. Cole STORM DRAIN F~SEMENT AGREEMENT DATE: ,1999 BETWEEN: ROBERT C. and NAOMI I. FORBES ("Crr~ntor") POLYOON DEVELOPMENT COMPANY, a Washington general partnership Recitals: A.. Cn'antor owns certain real prope~y in Marion County, Oregon shown on the attached Exhibit A (the "Grantor Property"). B, Grantee owns certain real property in Marion County, Oregon legally described on the attached Exldbk B (the "Grantee Property"). Grantor desires to grant to Grantee certain easementa over the Grantor Property on the terms and conditions contained in this Storm Drain Easement Agreement (this "Agreement"). A~ements; NOW, Tt-I. EREFOI~, ia consideration oft. he mount of $4,g00 paid by Grantee to Grantor and the covenants set forth in the this Agreement, the receipt and ~ffieieney of whiela are hereby acknowledged, the parties agree as follows: 1. Grant of EasOlm~t. Grantor hereby declares and creates for the benofit of Grantee an easement over tnd acros~ the Grantor Property for purposes of installing constructing, using, maintaining, repairing, and replacing s storm drain system (the "Storm System") that will serve the Orant~ Property, at the cost and expense of C.n-antee, subject to the limitations set forth in this Agreement. This easement is granted as a benefit nd right appurtenant to the Grantee Property. The areas subject to the easement are a 16-foot permanem easement on wh/ch the Storm System will be located and a 40-foot t~maporary ca.merit for purp°ses of installing and constructing the Storm System. Both areas are shown on the attacheel Exhibit A, 2. Inslalhtion and Construction. Grantee agrees to provide at least 30 days' notice to Grantor prior to installation and construction of the Storm System. Grantee shah be responsible for obtaining all required govemmeatal pea'mits and authorizations for installation and construction of the Storm System, for insta_lllng and constructing tho Storm System in a good and workmmnlike manner, at Grantee's cost and expense, and for restoring the Grantor Property ~4/12/1999 14:07 BG069B~442 POLYGON PAGE 04/05 (including, if these are affected, fencing and ~.u-wey rnonumentation) To the condition existing as of the date o~'th/s Agreement. Grantee agrees that it shall coordinate its work with Grantor so as to minimize any disruption to Grantor's farming operations on the Grantor Property. The temporary easen~nt referred to in Section 1 above shall only be used during instalIation, construction, or replacement of the Storm System. 3. Liabiliw~ Indemnifie4tion. Under no circumstances shall Grantor be liable to Grantee for any loss or damage arising out of the use of the easement described in this Agreement by Grantee or its agents, contractors, invitees, or licensees. Grantee hereby agrees to indemnify and hold harmless Grantor and Gvantor's members and agents from and against any and ail claims of third persons, losses, damages, liabilities, costs, or expenses arising from the use of the ca.anent by Grantee or its agents, contractors, invitees, or licensees. Grantee shall cause any lien that may be asserted against the Grantor Property as a resul'~ of activities for or on behall'of Grantee to be promptly discharged and shall fully compensate Grantor for any damage to the Grantor Property resulting from such activities. 4. Rights 9f Granto.r R.etatin~ to Storm System. Grantee acknowledges that Grantor contemplaXes the future development ofthe Grantor Property. Grantee agrees that the Storm System shall be designed and engineered to accommodate the use of the Storm System by residential units that may be developed on the Orantor Property in accordance with applicable laws, ordinances, and regulations and that Grantor and any subsequent owner or lessee of the C_n'antor Property shall have the right to connect such future residential units to the Storm System at any time or from time to time without payment of any latecomer or similar charge. 5. Covenants and ~4sements tO Run with L~nd. Each covenant and ~ent contained in this Agreement shall run with the land a~ to all properties benefited and burdened by such covenant or easement, including any partition or division of such property. The rights, covenants, and obligations comained in this Agreement shall bind, burden, and benefit Grantor, Grantee, and their respective successors, succ, essors in tire, lessees, mortgagees, beneficiaries under deeds of trust, and assigns, as well. as any governmental authority to whom the Storm System may be dedicated. 6. Amela4ment; W _aiyer. This Agreement may be amentted only by written agreement by the owners oft.he Grantor Property and the Grantee Property recorded in the Official Records of Marion County, Oregon. In the event cfa subdivision of either or both of the Crrantor Property and/or the Orantee Property, the written consent of owners cfa majority of the subdivided 10ts then located on the Grantor Property or the Grantee Property, as the case may $h~.11 be sufficient to bind the Crrantor Property or the Crrantee Property, as the ease may be. Ail waivers of any provision of this Agreement must be in writing and signed by the party to be charged. 2 01914~2~01 '84/1Z/1999 14:87 3686934442 POLYGON PAGE 85/85 IN WITNESS WHEREOF, thc parties have executed this Agreement as of the first set forth above. Robert C. Forbes Naomi J. Forbes POLYGON NORTHWEST COMPANY, a Washington general partnemhip By: Brentview, Inc., General Partner By: David C~tsekmidt, Asst. Vice Presid~t STATE OF OREGON ) ) County of ) The foregoing in~t was acknowledged before me this 1999 by Robert C. Forbes and Naomi J. Forbes. day of Notary Public for Orogon My Commission Expires: STATE OF ) ) County of ) The foregoing instrument was acknowledged before me this ~ day of ,1999 by David Gutschmidt, who is th, Assistant Vice President of Brentview, Inc., a general partner of Polygon Northwest Company, a Washington general partnership, on behalf of the partnership. Notary PuNk for My Commission Expires: 3 Community Development 270 Montgomery Street MEMORANDUM Woodburn, Oregon 9707'1 (503) 982-5246 Date: To: From: Subject: Apdl 5, 1999 Mayor and City Council Through City Administrator Planning Commission Boones Crossing Annex 97-08, Zone Change 97-12, Conditional Use 97-03, Variance 97-12 and Planned Unit Development located on the west side of Boones Ferry Road just south of the railroad crossing. At their hearings of September 3 and 24, 1998 the Planning Commission reviewed an annexation request of approximately 60+ acres in conjunction with a planned unit development proposal. On October 8, 1998 the Planning Commission approved an order recommending the City Council approve the applicant's annexation. At your hearing of October 26, 1998 the City Council reviewed the applicants proposal. Several concerns were raised at that hearing by various Council members. Many of these same concerns were voiced by the Public Works Director. The Council therefore continued the hearing to provide Staff and the applicant time in which to address those issues raised at that hearing. Addendum I of your Packet capsulizes some of those concerns beginning with a memorandum dated October 21, 1998 from the Public Works Director. This is followed by correspondence from the applicant dated March 31, 1999 with a memo response dated April 1, 1999 from the Public Works Director. Staff has consolidated all conditions of approval plus those that have been revised, in Addendum I1. All amendments to the recommended conditions of approval are in italicized type. The Planning Commission recommendations: The Planning _Commission recommends the City Council approve the annexation of the subject 60+ acres which consist of Tax Lots 1100, 1400 and a portion of Tax Lot 600, Assessor's Map T5S, 1W, Section 19B. (a) The City Council may approve the annexation and instruct staff to prepare findings, conclusions to 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 Zone Change request from County UTF to RS, a Conditional Use for a Planned Unit Development and a Variance to the open space requirement. (a) The City Council may approve the Zone Change Conditional Use and Variance with conditions of approval as identified in Addendum II. (b) The City Council may approve the Zone Change, Conditional Use and Variance but modify the Conditions of Approval as identified in Addendum II. Instruct Staff to prepare an ordinance with findings and conclusions to substantiate the Council's decision. SUMMARY APPLICANT'S REQUEST · Annexation of 61.9 acres. · A zone map amendment from Madon County Urban Transition Farm to Residential. · Request Conditional Use approval of a Planned Unit Development. · A Variance to the open space/indoor recreation standards. APPLICANT'S PROPOSAL Opportunity to build 241 detached single family homes over a two to four year period. Build a 90 to 94 unit multi-family apartment complex. Provide 3 pocket parks for the development to be maintained by the Home Owner's Association. Build a one acre neighborhood commercial center of small shops. Donate three acres for a public park and $300,000 in park improvements. Construct a deep sanitary sewer line to serve all phases of project and the vicinity without receiving SDC credit or cost sharing from the City. GENERAL SUMMARY OF CONDITIONS The applicant will pay an additional $161,805 in Park SDC's. Establish a Homeowner's Association that includes standards for all residential multi-family and commercial development. Construction of a deep sanitary sewer line which enhances service not only to the developer but also to the surrounding area. The City will not have to construct a pump station in the future to service the area. This action could provide an estimated savings of approximately $400,000 in future construction costs. Install a storm water conveyance system from this project to Mill Creek on properly acquired easements, thus eliminating third party concerns. Construct a portion of an east/west road. C:Wly Documents~MyFiles~PLANNING~liscellaneous~Miscellaneous - 1999~,Miscellaneous\Boones Crossing Report - Summary Applicants Request. wpd TABLE OF CONTENTS INTRODUCTION Annexation Request PART I PART II Applicable Comprehensive Plan Goals and Policies Zone Map Amendment Criteria PART III PART IV Conditional Use, Variance and Planned Unit Development Issues ATTACHMENTS ORIGINAL CONDITIONS OF APPROVAL PAGE(s) A. Planning 29-30 B. Public Works 31-34 C. Wastewater 35 D. Woodburn Fire Department 36-37 E. Recreation & Parks Department 38-46 PAGE(s) 1 2-4 5-13 13-14 15-28 PAGE(sD F. Building Department 47 G. Woodburn Police Department 48 H. ODOT 49-50 I-Q. Applicants Submittals 51-91 R. Commercial Uses Recommended By the Planning Commission 92-93 ADDENDUM I Public Work's Director's Memo of October 21, 1998 Applicant's Amended Proposal of March 31, 1999 Public Work's Director's Memo of April 1, 1999 ADDENDUM II Revised Conditions of Approval PAGE(sD 94 100-101 102 103-120 BOONES CROSSING REPORT CITY OF WOODBURN ~270 Montgomoy Street · Woodbum, Oregon 97071 · (503) 98c2-5c2{2'2 TDD (503) 98'2-7433 · FAX (503) 982-5244 BOONES FERRY CROSSINGS INTRODUCTION A. DESCRIPTION OF APPLICATION The application consists of four (4) requests: (1) A request to annex approximately 61.9 acres of Tax Lots 1100 and 1400 of T5S, IW, Section 18C and a portion of Tax Lot 600 of T5S, IW, Section 19B. (2) A request to amend the zone designation from Marion County UTF Urban Farm Transition to Woodbum Comprehensive Plan Map designation of "Residential" to City Zone Map designation RS Single Family Residential for Tax Lots 1100, 1400 and a portion of Tax Lot 600. (3) A conditional use proposal to develop a Planned Unit Development (PUD) consisting of approximately 62 acres with 241 detached Single Family Residential Lots, a 94 unit Multi-family complex, two acres of Commercial, in addition to three "Pocket" Parks and one 3 acre Neighborhood Park (4) A request for a Variance modification of the open space and parks requirements. OWNERS: Faye Zimmer and Nancy Bocchi 19164 S.W. Chesapeake Drive Tualatin, OR 97062 Tax Lots 1100 and 1400 of T5S, IW, Section 18C. Greg Schwienke and Nancy Vezey 21750 S.W. Columbia Circle Tualatin, OR 97062 A portion of Tax Lot 600 T5S, 1W, Section 19B APPLICANT: Polygon Northwest 2700 N.E. ~esen, Suite D22 Vancouver, WA-98661 Exhibit V City Staff Report PROPOSAL: LOCATION: Polygon Northwest proposes to develop Boones Crossing, a 61.9 acre Planned Unit Development. The project would consist of 241 detached single family lots, up to 94 multi-family units, open space and park areas, and a small neighborhood commercial area along Boones Ferry Road. The parcels lie approximately 500 feet south of where Boones Ferry Road crosses the railroad tracks on the west side. Its easterly property line at one part adjoins Brown Street. PART I ANNEXATION The request is to annex approximately 62 acres consisting of three parcels. The three properties lie within the City of Woodburn°s Urban Growth Boundary. Pursuant to statewide goal 14 'Urbanization" these before mentioned parcels are urbanizable and available for annexation. The owners of the three properties have consented to the annexation application pursuant to ORS 222.111. Basically, the statute allows a property owner(s) to request annexation if that property is contiguous to a City's boundary. Under ORS 197.175 (1) requires that cities exercise their planning and zoning responsibilities in accordance with statewide planning goals when annexing unincorporated property. A. APPLICABLE STATEWIDE GOALS: 1. Statewide Planning Goal 2: 'Land Use Planning" This goal requires the City coordinate an-annexation application with governmental units that may have jurisdictional authority. The City has coordinated this proposal with Marion County, Oregon Department of Transportation and the Department of Land Conservation and Development. Statewide Planning Goal 7: 'Areas Subject to Natural Disasters and Hazards' The goal requires that developments shall not be planned nor located in known areas of natural disasters or hazards. In Woodbum the most likely hazard would be from flooding. A review of the County's Flood Hazard Maps and the City's history of flooding does not identify this area as prone to flooding. It is however, known the property is subject to 'standing" water in some areas. However, any development would have to adequately drain such areas. 2 3. Statewide Planning Goal 10: 'Housing' This goal calls for land 'availability of adequate numbers of needed housing units'... 'and allows for flexibility of housing location, type and density.' The applicant is providing two alternative housing types, that being single family dwellings and multi-family. 4. Statewide Planning Goal 11: "Public Facilities and Services" The goals require that we plan for the orderly and efficient arrangement of public facilities and services. The City has in place wastewater facilities plan, water master plan and transportation plan. All public facilities can be provided to the applicants site. 5. Statewide Planning Goal 12: 'Transportation' This goal requires the City to provide and encourage a safe, convenient and economic transportation system. The applicant has submitted a traffic analysis report prepared by Kittelson and Associates that determines at full build out that the development could overburden State Highway 214/Boones Ferry intersection. 6. Statewide Planning Goal 14: 'Urbanization' The goal is 'to provide for an orderly and efficient transition from Rural to Urban Land Use. The property to be annexed is urbanizable since it is contiguous to Woodbum's City limits and is within its Urban Growth Boundary. Additionally, it is determined to be suitable for future urban uses and can be served by urban services. 7. Statewide Goals 1, 3, 4, 5, 6, 8, 9, 13 and 15-19 These goals are not applicable to the applicant's request. Either because the goals physical characteristics are not present on this site 15-19 relate to Willamette Greenway, Estuaries, Coastal Shore Lands, Beaches and Dunes and Ocean resources or Goals 3, 4, 5 pertaining to Natural Resources and Open Spaces, or Goal 8 'Recreation" and 13 'Energy Conservation." 3 B. APPLICABLE CITY ANNEXATION POLICIES Plan policy D-1 'Annexation policies are extremely important for the City. While it is important that enough land is available for the necessary development anticipated in the City of Woodburn, it is also essential to prevent too much land being included in the city limits as this leads to inefficient, sprawling development. Because of the need to plan for public improvements, the City should insure that there is a five year supply of vacant land with the City. Services should be provided to that land during that five year period." The parcels involved in this request are adjacent to City services or the applicant is willing to extend City services to the site. The availability of securing acreage of this size, within the City limits, to accommodate a 60 acre development does not exist. APPLICABLE WOODBURN ZONING ORDINANCE PROVISIONS No Woodburn zoning ordinance provisions apply to an annexation request. FINDINGS The request is for the annexation of approximately 61.9 acres of Tax Lots 1100 and 1400 of T5S, 1W, Section 18C and a portion of Tax Lot 600 of T5S l W, Section 19B. The owners of the three Tax Lots 1100, 1400 and portion of 600 have petitioned the City for annexation. The three Tax Lots lie within the City's Urban Growth Boundary and are therefore urbanizable pursuant to Statewide Goal 14. 4. The properties are urbanizable since it is contiguous to the City limits. o The City has coordinated this proposal with Marion County, Oregon Department of Transportation and the Department of Land Conservation and Development. 6. There are no apparent natural hazards associated with these properties. 7. The applicant is providing for altemative housing types. 8. The City has the ability to provide public facilities to the site. 9. The applicant has submitted a traffic analysis report. 4 10. The City has exercised it's planning and zoning responsibilities under ORS 197.125 by reviewing Statewide Goals when reviewing this annexation request. PART II COMPREHENSIVE PLAN GOALS AND POLICIES The City has established goals and policies as guidelines for Urban Development. In general, the goals and policies are to be the guiding factors in decisions relating to Land Use. The applicants proposal calls for a mix of Single Family, Multi-Family and Commercial activities. Chapter 10 of the Comprehensive Plan encourages planned unit and developments. However, conversely, it cautions the PUD must be carefully reviewed to insure the proposal is consistent with trends of the housing market and is well served by streets, parks and other amenities that enhance the livability of the development. A. RESIDENTIAL LAND DEVELOPMENT POLICIES A-1. 'Residential areas should be designed around a neighborhood concept. Neighborhoods should be identifiable unit bounded by arterials, non- residential uses, or natural features of the terrain. The neighborhood should provide a focus and identity within the community and should have a community facility, such as a school, park, or privately owned community facility to allow for interaction within the neighborhood." STAFF RESPONSE: The proposal takes advantage of utilizing a large acreage for the implementation of a PUD that encompasses a variety of land uses and creates a district neighborhood setting bounded on three sides by two streets and a future arterial i.e. south by. pass. A-2 "Living Environment - Developments in residential area by constructed in such a way that they will not seriously deteriorate over time. Zoning ordinances should be strictly enforced to prevent encroachment of degrading non-residential uses. Construction standards in the State Building Code shall be vigorously enforced, and if necessary, additional standards the City determines should be imposed to insure non- degrading housing units, should be encouraged by the City." A-3 A-4 A-5 STAFF RESPONSE: An important element with a PUD is the Home Owner's Association (HOA). This document basically establishes the standards under which a PUD functions. It is therefore critical the Commission/Council review that document to ensure that deterioration of the development is minimized over time. Development should promote, through the use of moderate density standards and creative design, a feeling of openness and spaciousness with sufficient landscaped area and open space to create a pleasant living environment. STAFF RESPONSE: The density proposed in this PUD is moderate in that it is designed to accommodate 5.4 units per acre whereas up to 12 units per acre can be justified under the zone designation of RS Single Family Residential in staff's opinion this design does provide adequate open space to create a pleasant living environment. Streets in residential areas should be used by residents for access to collectors and arterials. Residential streets should be designed to minimize their use for through traffic, however, whenever possible dead- end streets and cul-de-sacs should be avoided. STAFF RESPONSE: The overall design makes allowance for several alternative access points. This enhances the ability for vehicular and pedestrian traffic to access the development from all four sides which results in good street connectivity and pedestrian access routes. Residential developments should strive for creative design which will maximize the inherent values of the land being developed and encourage slow moving traffic. Each residential development should provide for landscaping and tree planting to enhance the livability and aesthetics of the neighborhood. STAFF RESPONSE: The overall street configuration and widths are designed to encourage the slow movement of traffic while providing for street trees, property line, sidewalks for pedestrian safety and median planting strips that enhances the aesthetic value of the right-of-ways. 6 A-9 Industrial and commercial uses which locate adjacent to residential areas should buffer their use by screening and design and design control, and should be controlled with sufficient setback so as their location will not adversely affect the residential area. STAFF RESPONSE The proposed commercial activity will be placed on the comer of two intersecting streets. Boones Ferry Road and the south by pass. Both streets with their potentially high volumes of vehicular traffic create an intersection more conducive for commercial uses than Single Family Residences. The proposed design also insures that a buffer exists between the commercial activity and the Single Family Residential with a three acre park. Additionally, the commercial uses that are 'conditioned" will be of Iow traffic intensity and should compliment the Single and Multi- Family uses. A-10 High density residential areas should be located so as to minimize the possible deleterious effects on adjacent Iow density residential developments. VVhen high density an Iow density areas abut, density should decrease in those areas immediately adjacent to Iow density residential land. VVhenever possible, buffering should be practices by such means as landscaping, sigh-obscuring fences and hedges, and increased setbacks. STAFF RESPONSE: Both the residential streets and the 3 acre park serve as a buffer for the Single Family dwellings. The possibility of the potential deleterious effect of the high density residential uses has to be governed by the HOA. A-11 Traffic from high density residential areas should have access to collector or arterial streets without going through other residential areas. STAFF RESPONSE: The proposed PUD is adjacent to Boones Ferry and the south bypass. Both are minor arterials. COMMERCIAL LAND DEVELOPMENT POLICIES B-3 Strip zoning should be discourages as a most unproductive form of commercial land development. Strip zoning is characterized by the use of small parcels of less than one acre, with lot depths of less than 150 feet 7 B-4 B-6 and parcels containing multiple driveway access points. Whenever possible, the City should encourage or require commercial developments which are designed to allow pedestrians to shop without relying on the private automobile to go from shop to shop. Therefore, acreage site lots should be encouraged to develop 'mall type' developments that allow a one stop and shop opportunity. Commercial developments or commercial development patterns which require the use of the private automobile shall be discouraged. STAFF RESPONSE: The size of the commercial development will be limited to two one acre parcels on the northeast and southeast corners of the Boones Ferry/South bypass intersection. The types of commercial uses allowed should be limited to those that primarily service this development and adjoining neighborhood thereby allowing pedestrians to shop without relying on the automobile. Architectural design of commercial areas should be attractive with a spacious feeling and enough landscaping to reduce the visual impact of large expanses of asphalt parking areas. STAFF RESPONSE: A specific proposal has yet to be submitted. At such time that a proposal is submitted it will be subject to Site Plan Review. Commercial office and other Iow traffic generating commercial retail uses can be located on collectors or in close proximity to residential areas if care in architecture and site planning is exercised. The City should insure by proper regulations that any commercial uses located close to residential areas have the proper architectural and landscaping buffer zones. STAFF RESPONSE: The proposed commercial development is located adjacent to two minor arterials. At the time of Site Plan Review care will be required to insure the architectural design of the facilities and landscaping compliment the residential areas. Any proposal will be controlled to some degree thorough the HOA. Additionally only Iow traffic generating retail uses should be allowed. This can be accomplished by conditioning the types of uses allowed within the commercial district. 8 G. HOUSING GOALS AND PLAN POLICIES G-1 'The housing goal of the City is to insure that adequate housing for all sectors of the Community is provided.' G-1-2 'It is the policy of the City to encourage a variety of housing types to accommodate the demands of the local housing market.' STAFF RESPONSE: The applicant is proposing that several segments of the residential market will have the opportunity to secure housing. The development will provide housing for first time home buyers and first time move up buyers as well as one or two types of attached housing, town homes and/or apartments. H. PUBLIC SERVICE GOALS AND PLAN POLICIES H-1 It is the goal of the City to provide adequate public services to all areas of the City to include: Sewer lines of adequate capacity; Water lines of adequate capacity for both domestic supply and fire fighting capabilities, and Storm drainage to prevent flooding of valuable property where feasible; STAFF RESPONSE: Sewer, water and storm drain lines are available to the property. The applicant will be required to extend these public facilities the length and breadth of the property so that neighboring properties can be serviced. H-2 To provide a central system to accommodate the service lines to include: Sewage treatment facilities sufficient in capacity to accommodate the City's growth until the year 2008; Lift stations as necessary to service the sewer lines; Well storage and treatment of water as is necessary to accommodate the needs of the City, and; Detention systems for flood water and storm drain runoff so as not to overburden the drainage systems of the City. 9 STAFF RESPONSE: The first phase of the development will utilize gravity served sanitary sewer lines. The remaining phases will be served by the installation of a regional pump station which the applicant will share in the cost of construction. Two storm retention facilities be constructed on site to handle peak flows. IX. H-5 "Development Zones - The City should encourage development in areas of existing facilities first. Secondly, the City should encourage development in areas where extensions of existing City services can be accommodated. The City should encourage development of new areas to which services can be most cheaply extended. The City should develop any other areas only as a last resort. The City will adhere to the policies in the Storm Water and Water and Sewer elements of the Comprehensive Plan." STAFF RESPONSE: The development will provide the City with service extensions into areas lacking service. H-6 "To insure that the growth does not increase the cost to the present City residents, the City's policy should insure that new developments pay for any additional services they demand. The City shall institute the necessary taxes and fees to insure that this is accomplished as far as is practical." STAFF RESPONSE: The applicant will be responsible for capital improvements that include sewer, water, storm drain, and streets in addition to system development charges, park fees and building permits. TRANSPORTATION SYSTEM PLAN GOALS AND POLICIES Goal l UDevelop a multi-model transportation system that avoids or reduces reliance upon one form of transportation, and minimizes energy consumption and air quality impacts.' 10 Policies: 1. Develop an expanded intra-city bus transit system which will provide added service and route coverage to improve the mobility and accessibility of the transportation disadvantaged, and to attract traditional auto users to use the system.' STAFF RESPONSE: The proposals design makes allowance for residents ability to walk or bike. The commercial area will have to take into account, at the time of Site Plan Review, a potential public transit stop. "Develop a bikeway system which will provide routes and facilities to allow bicyclists to travel from residential areas to school, parks, and places of employment and commercial areas. Off-street facilities in City green way/park areas will be identified. Insure all new collector and arterial streets are constructed with bike lanes." STAFF RESPONSE: Adjacent to the applicants de~'elopment are three streets that will be designed and constructed with an on street bike routes those being Boones Ferry Road, Brown Street and the south arterial. Additionally, bike parking in the park and internal bike routes in the PUD will be provided. "Identify sidewalk and off-street pathway improvements to improve pedestrian mobility within neighborhoods and between residential areas and schools, parks, places of employment and commercial areas. Insure all new collector and arterial streets are constructed with sidewalks." STAFF RESPONSE: Property line sidewalks will be required throughout the entire development. Also provided is a "green belt" pathway bisecting the two blocks immediately east of the park. The non-traditional grid pattern enhances pedestrian opportunities. GOAL 2 Develop a street system which will handle projected year 2015 traffic demands in the Woodburn area, and interconnects residential areas with employment centers, schools, parks, churches and regional transportation facilities. Policies: 11 Develop an updated roadway functional classification plan for the Woodburn area, that reflects the desired function of different roadways, and is consistent with current federal guidelines for the designation of major streets in an urban area. STAFF RESPONSE: Boones Ferry Road and the south by pass aro designated as minor arterials in the City's transportation plan. Brown Street which at some time will connect to the south by pass is designated an access street. "Identify new east-west and north-south collector/minor arterial streets within the City to relieve traffic demands on highways 219/214, 211 and 99E." STAFF RESPONSE: The dedication and construction of the south by pass will assist in providing a needed transportation link that will eventually connect with Highway 99 East. 'Develop updated street design standards for arterial, collectors and local streets." STAFF RESPONSE: The applicant is required to comply with street design standards as identified in the City's transportation plan. FINDINGS: The applicants PUD is designed around the neighborhood concept. An identifiable unit bounded on the west and south sides by minor arterials and the east boundary by an access street. A Home Owners Association has been established to ensure that deterioration of the development is minimized over time. o The density and overall design provides for parks and open space to create a pleasant living environment. The design enhances vehicular and pedestrian aCCess routes with good street connectivity. o The street configuration and widths are designed to encourage the slow movement of traffic. 12 o 10. 11. 12. 13. The proposed design insures that a buffer exists between Commercial and Single Family Residential uses. The proposed use has access to two minor arterials and one access street. The two commercial parcels consist of one acre each and are located at the corners of the Boones Ferry south by pass intersection. The parcels are confined on all sides by residential uses therefore, insuring that strip development does not occur. The applicant is proposing to build three alternative housing types Multi-Family, Single Family and Town homes. Sewer, water, storm drains lines are available to the property. The development of public facilities will provide the City with extensions into areas lacking service. The proposed development accommodates bike and pedestrian traffic with sidewalks and bike lanes. The applicant is required to comply with an has agreed to meet the street standards established in the City's transportation plan. PART III ZONE MAP AMENDMENT Section 15.030 of the Woodburn Zoning Ordinance allows initiation of a zone change by property owner petition. In this proposal that consists of three (3) parcels and four (4) petitioners. The zone change request is for a change from UTF Urban Transition Farm to RS Single Family Residential. The zone change request is in conformance with the City's Comprehensive Plan Map designation of Residential. Additionally, the applicant is applying for conditional use approval of a planned unit development which if approved, is allowed in a Single Family Residential district. Under Section 16.080 of the Woodbum Zoning Ordinance support for a zone change requires that two (2) criteria be met. One is to show there is a need for the proposed use and secondly that a particular piece of property in question best meets that need. 13 Under Chapter 21 of the Woodbum Zoning Ordinance a minimum of three (3) acres is required to accommodate a planned unit development in an RS zone. Staff is aware of only one area within the existing City limits where a property larger than three (3) acres exists that could be used to develop a PUD that being the acreage owned by capital development west of Senior Estates. At this time capital development has submitted a proposal for a 147 Lot subdivision adjacent to Senior Estates. As to whether the applicant's property best meets the need for the community two important objectives are accomplished with this proposal. One being the improvement of street right-of-way for the City's =south by pass' and financial participation in the construction of a sewage pump station for the southerly portion of the City. FINDINGS The proposal substantially exceeds the three (3) acre minimum requirements for the development of a PUD under Section 15.030 of the Woodburn Zoning Ordinance. The proposed Zone Map Amendment is in conformance of the City's Comprehensive Plan Map designation for residential uses. 3. A PUD is allowed if approved under the conditional use criteria. No other parcels of three acres in size or larger appear to be available within the City limits. 5. The proposal meets the need of alternative housing types. 14 APPLICANT: OWNERS: PART IV CONDITIONAL USE #97-03 VARIANCE #97-12 PLANNED UNIT DEVELOPMENT 97-03 "BOONES CROSSING" Tom McConneli Alpha Engineering, Inc. 9600 SW Oak Street, Suite 230 Portland, OR 97223 Tax Lots # 1100 & 1400 Faye Zimmer and Nancy Bocchi 19164 SW Chesapeake Drive Tualatin, OR 97062 Portion of Tax Lot #600 Greg Schwenke and Nancy Vezey 217§0 SW Columbia Circle Tualatin, OR 97062 II NATURE OF THE APPLICATION: The applicant is requesting conditional use approval of a planned unit development (P.U.D) consisting of 241 detached single family lots, up to 94 multifamily units, open s. pace and park areas, and a neighborhood commercial area along Boones Ferry Road. The P.U.D. is proposed to be developed on Tax Lots #1100, #1400 and a portion of #600 totaling approximately 61.9 acres located east of Boones Ferry Road and west of Brown Street. The applicant is also requesting a variance to the indoor and outdoor requirement specified in section 21.040 of the Wodburn Zoning Ordinance. III RELEVANT FACTS: The property is located east of Boones Ferry Road and west of Brown Street. It can be identified specifically on Marion County Assessor Map T5S, 1W, Section 18C, Tax Lots #1100 and #1400 and Section 19B, a portion of Tax Lot #600. 15 The applicant states that "the Boones Crossing Planned Unit Development (PUD) contains approximately 61.9 acres of relatively flat land that has been in agricultural production. The site slopes very gently to the east towards Brown Street. A shallow swale running east-west lies on the southern portion of the site. A lesser swale is found along the northern boundary of the site. The site is currently in farm use. There are no wetlands or environmentally sensitive areas located on the site." See Attachment I entitled "Boones Crossing Site Analysis." The applicant is responsible for obtaining any permits that may be necessary from DEQ, Division of State Lands or any other agency. IV RELEVANT APPROVAL CRITERIA: A. Oregon's Statewide Planning Goals & Guidelines Woodburn Comprehensive Plan Goals and Policies Residential land development policies Housing Goals and Policies Administration and Enforcement Public services, goals, and policies C. Woodburn Transportation System Plan D. City of Woodburn Access Management Ordinance E. Woodburn Subdivision Standards Woodburn Zoning Ordinance Chapter 2 Administration of the Ordinance Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Permits and Enforcement Planning Commission Public Hearing General Standards Residential Standards 0 Off Street Parking, Loading & Driveway Standards 13 Variance Procedures 14 Conditional Uses 1§ Zone Change Procedures 21 Planned Unit Development 22 Single Family Residential District 26 Multiple Family Residential 39 Mandatory Parkland Dedication or Cash-in-lieu-of. 16 Landscaping Policies and Standards Sign Ordinance A. Oregon's Statewide Planning Goals & Guidelines STAFF COMMENTS: A discussion of the statewide planing goals & guidelines is included in Part I of this review packet. B. Woodburn Comprehensive Plan STAFF COMMENTS: A discussion of the applicable goals within the Woodburn Comprehensive Plan is included in Part II of this review packet. C. Woodburn Transportation System Plan D. City of Woodburn Access Management Ordinance Section 18 of the Woodburn Access Management Ordinance states that: The street system of a proposed subdivision shall be designed to coordinate with existing, proposed, and planned streets outside of the subdivision. Local residential access streets shall connect with surrounding streets to permit the convenient movement of traffic between residential neighborhoods or facilitate emergency access and evacuation, but such connections shall not be permitted where the effect would be to encourage the use of such streets by substantial through traffic. STAFF COMMENTS: The applicant has shown the south arterial on both tax lots #1400 and #600 as required by the Wo°dburn Transportation Plan that was adopted June 11, 1996. Please refer to Attachment J entitled "Boones Crossing Preliminary Plat / Subdivision Map and Attachment K entitled "Boones Crossing Title Sheet / Circulation Plan" for the applicant's proposed street sections. The Public Works Department has provided staff with a list of the required street improvements in Attachment B. 17 Boones Ferry Road/Settlemier Ave. and the South Arterial are classified as minor arterials. Brown Street (Cleveland Street to the south arterial) is classified as an access street. The required driveway spacing for a minor arterial is 245 feet. The required driveway spacing on an access street is 10 feet. A condition of approval is that the applicant comply with the required driveway spacing standards as specified in the Access Management Ordinance and the Transportation System Plan. The applicant is proposing to access the PUD via Boones Ferry Road, Brown Street, the South Arterial, and a road connection (Bridlewood Street) to Bridlewood Subdivision (Steklov, Phase 2) located north of the proposed development. The Oregon Department of Transportation's (ODOT) comments are included in Attachment H. Planning staff required the applicant to increase the scope of their traffic impact study area to include the Highway 214 intersections with Evergreen Avenue and the I-5 northbound and southbound ramp terminals. Planning staff did not require the applicant to amend their traffic analysis to include a 20-year analysis. The applicant was required to update their analysis to the year 2003 (anticipated full build-out). The traffic impact study and supplemental materials are located in the Planning Department Office. E. Woodburn Subdivision Standards STAFF COMMENTS: Because the request is part of a PUD, there is flexibility in the design of the development that is not afforded to standard subdivisions. The applicant will be responsible for platting and recording the lot in accordance to the subdivision standards. The applicant is proposing to have flexibility in the required lot width for interior, corner and flag lots. The applicant is proposing to have a minimum interior lot width of §§ feet instead of the required 60 foot lot width. Corner lots are proposed to have a minimum lot width of 60 feet instead of 80 feet and the flag lots a minimum width of 20 feet instead of the required 30 feet. The lots adjacent to the cul-de-sac are proposed to have a minimum width of 20 feet rather than the required 40 feet. The applicant is also proposing to have flexibility in the length of the proposed cul-de-sac. The applicant is proposing a 308 foot long cul-de-sac which exceeds the maximum length of 2§0 feet specified in the Woodburn Subdivision Policies and Standards. 18 F. Woodburn Zoning Ordinance Chapter 8 General Standards Section 8.190 Vision Clearance The vision clearance area for corner lots at street intersections shall have a minimum of 30 foot legs along each street. The vision clearance areas shall not contain any plantings, walls, structures, or temporary or permanent obstructions to vision exceeding 30 inches in height above the curb level, or street shoulder where there is no curb. STAFF COMMENTS: A condition of approval is that the applicant shall show compliance with the vision clearance specified in Chapter 8 of the Woodburn Zoning Ordinance. Chapter 9 Residential Standards STAFF COMMENTS: According to Section 9.045 of the Woodburn Zoning Ordinance, "every building shall setback from lot lines adjacent to streets at least 20 feet." The applicant has indicated a front yard setback of 10 feet and garage setback of 20 feet. A condition of approval is that the garage shall setback 20 feet from the front property line or 20 feet from the side property line if the side yard is adjacent to a street. Chapter 10 Off Street Parking, Loading & Driveway Standards STAFF COMMENTS: According to Section 10.080 (I) of the Woodburn Zoning Ordinance, "in case the driveway is constructed or installed on a corner lot, such driveway shall not be built closer than 30 feet from the property corner of the intersection for a residential driveway." A condition of approval is that the applicant shall comply with the single family dwelling driveway standards specified in Chapter 10 of the Woodburn Zoning Ordinance. Chapter 13 Variance Procedures STAFF COMMENTS: The applicant is requesting a variance to the indoor and outdoor requirements specified in section 21.040 of the Wodburn Zoning Ordinance. A response to each of the six variance criteria was provided by the Parks and Recreation Director and is included as Attachment E. The Planning Department staff concur with the Park's Departments evaluation of the applicant's variance request 19 and have as a condition of approval that the applicant comply with the specific conditions required by the Recreation and Park's Department which are listed as follows: Dedication and construction (to Department standards) a three- acre neighborhood park. The park will be open to the public and will serve the PUD and surrounding neighborhood. The neighborhood park will include a design and construction budget of $350,000. Payment of a $161,805 systems development charge to increase capacity of the City's community recreation facilities. Chapter 14 Conditional Uses STAFF COMMENTS: The applicant submitted a conditional use application to staff in regard to their planned unit development proposal. A planned unit development required conditional use approval to be placed on single family residential zoned property. Chapter 15 Zone Change Procedures STAFF COMMENTS: The zone change procedures are discussed in part III of this review packet. Chapter 21 PUD - Planned Unit Development Section 21.010 Purpose STAFF COMMENTS: The site is zoned for single family development, which makes allowance for a PUD as a conditional use. Section 21.020 Design/Development Criteria STAFF COMMENTS: The applicant is proposing four phases to the Boones Crossing Planned Unit Development. The applicant has shown two mini-parks and 100 single family lots in phase 1, the third mini-park and remainder of the single family lots in phase 2, the multi-family units, neighborhood park and 1 acre of the neighborhood commercial area in phase 3, and finally, the remainder of the neighborhood commercial area located to the south of the proposed south arterial in phase 4. A condition of approval is that the mutil-family units and neighborhood commercial buildings in phase 3 and 4 shall undergo the 2O site plan review process. In addition, staff are requiring that the applicant include the development of the neighborhood park in phase 2 rather than phase 3. The neighborhood park would then be available to the single family lots within phase I and 2 of the Boones Crossing P.U.D. The applicant has addressed the approval criteria (a) through (h). Please refer to Attachment L for their responses. See Attachment B for the Public Work's comments regarding street, drainage, sanitary sewer and water requirements. Attachment D includes the Woodburn Fire District's comments regarding the proposed P.U.D. The Wastewater Department's comments are included in Attachment C and the Building Department's comments are included in Attachment F. The applicant is proposing to provide single family homes at a gross density of 4.8 to 5.41 units per acre. This is consistent with the City's density range of six units per acre (maximum) for the Single Family Residential District zone. See Attachment M for illustrations of the typical home style and design characteristics and see Attachment N for the conceptual illustrations of the multi-family complex. Section 21.040 General Standards (a) Permitted Uses. All types of residential uses are permitted. All types of recreation facilities are permitted as well as commercial services designed primarily to serve the Planned Unit Development. (b) Minimum Size. The minimum acreage requirements for Planned Unit Developments are 3 acres for the RS District and 2 acres for the RM, RD, RL and RH Districts. (c) Outdoor Livina Area (d) Indoor Living Area STAFF COMMENTS: Please refer to Attachment E for a discussion of the indoor and outdoor requirements by the Woodburn Recreation and Parks Director. Staff concur with the Parks Director that the dedication of the 3 acre neighborhood park would provide an opportunity to resolve the deficiency of neighborhood park facilities in this area of Woodburn. The applicant is requesting a variance to the indoor and 21 outdoor requirements in this section of the Planned Unit Development Chapter of the Woodburn Zoning Ordinance. Section 21.060 Stage One Conceptual Review Section 21.070 Stage Two Design Review STAFF COMMENTS: The applicant has provided the necessary information and documents such as signatures of owners, identification of those involved in the design, as well the necessary copies of site plans showing the entire development, streets, driveways, sidewalks, pedestrian ways, and major landscaping features. Chapter 22 Single Family Residential District STAFF COMMENTS: A planned units development is a conditional use allowed in the single family residential district. See Attachment O for a list of the setbacks and lot widths required in the Single Family Residential Zone. The proposed setbacks and widths for the "Boones Crossing" Planned Unit Development are also listed in the chart. Section 21.040 (h) of the Woodburn Zoning Ordinance states that "the minimum lot area, width, frontage, height, and yard requirements otherwise applied in the District shall not dictate the strict development of the Planned Unit Development, but shall serve as general guidelines which may be fluctuated or adjusted to provide for a higher quality development. Chapter 26 Multiple Family Residential STAFF COMMENTS: Site Plan Review is required for the proposed multi-family units. At such time that site plan review occurs for the proposed multi-family units, the applicant shall comply with chapter 26 of the Woodburn Zoning Ordinance. Chapter 28 Commercial Office District STAFF COMMENTS: At such time that the site plan review is requested for the neighborhood commercial area, the uses allowed in the neighborhood commercial area shall be limited and emphasize the needs of the nearby residents rather than.serving the city as a whole. Commercial uses within this planned unit development are limited to the following: 22 (1) (2) Multi-family floor Churches - three stories or less with commercial on the first Retail (1) (2) (3) (4) Bakery / Deli Book Store Video Rental Florist Service (1) (2) (3) (4) (5) Kindergartens or Day Nurseries Beauty Shop / Barber Medical ! Dental / Optometrist Office Dry Cleaning Athletic Club Commercial uses are subject to the CO - Commercial Office Standards and site plan review is required. Chapter 39 Parkland Dedication STAFF COMMENTS: As a condition of approval of a final plat of a residential subdivision or the issuance of a building permit for the construction of a residence, each developer or builder will be required to dedicate land for parks, or cash for the development and acquisition of parks, or a combination of both at the option of the City. STAFF COMMENTS: The Woodburn Recreation and Parks Department has indicated that the established Systems Development Fee as it pertains to Parks is $483 per lot. The total Systems Development Fee is $161,805. Landscaping Ordinance STAFF COMMENTS: Please refer to Attachment P entitled "Boones Crossing Landscape Master Plan" and Attachment Q entitled "Boones Crossing Open Space, Parks, and Street Details" for the landscaping that the applicant is proposing. The applicant is proposing to place street trees along each of the roadways and will work with the Woodburn Parks Department in the design of a 3 acre neighborhood 23 park on the south west side of the subject site. See Attachment E for the Park's Department comments on the proposed neighborhood park. The applicant states that "the homeowners association shall be responsible for the maintenance of all landscaped areas. The homeowner's association shall also be responsible for watering, maintaining all landscaped areas, and for replacing dead or dying plant materials. The applicant will assume homeowner's association responsibilities with respect to landscape maintenance during the first year of each phase of construction...The applicant will install a permanent irrigation system under the common landscaped areas. Any other landscaped areas, such as the pedestrian pathway and landscaped medians will be planted with materials that are not dependent upon irrigation." H. Sign Ordinance STAFF COMMENTS: The applicant states that "Polygon Northwest does not propose to install any signage within the single family residential area other than street signs and entry monuments...Prior to construction, Polygon Northwest will provide a concept illustration and preliminary scale drawing of the proposed entry monument signs to staff for review and approval." V CONCLUSION The applicant is requesting conditional use approval of a planned unit development (P.U.D) consisting of 2z~1 detached single family lots, up to 94 multifamily units, open space and park areas, and a neighborhood commercial area along Boones Ferry Road. The P.U.D. is proposed to be developed on Tax Lots #1100, #1400 and a portion of #600 totaling approximately 61.9 acres located east of Boones Ferry Road and west of Brown Street. The applicant is also requesting a variance to the indoor and outdoor requirement specified in section 21.040 of the Wodburn Zoning Ordinance. VI COMMENTS FROM DEPARTMENTS: Planning Department Public Works Department Water/Wastewater Department Fire Department Recreation and Parks Department Building Department Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F 24 Police Department Oregon Department of Transportation Attachment G Attachment H VII RECOMMENDATIONS: Based on the findings in this report, staff recommend approval of the applicants request for design review approval of a 241 lot residential Planned Unit Development subject to the following conditions: The conditional use request and variance request are subject to the approval of the annexation and zone change request. Any subdivision of the parcels shall comply with the applicable zoning ordinances and regulations and any ordinance or regulation adopted under ORS 92.044 that are in effect at the time of approval. 3. The PUD shall be in substantial conformity with the preliminary plan. Applicant shall provide for the installation of all franchised utilities and any required easements on the final plat. Street lighting shall also be provided, as per PGE plan schedule "B." The applicant shall provide staff with a final light plan for the proposed development for review by the Planning and Police Departments. A condition of approval is that the applicant shall show compliance with the vision clearance specified in Chapter 8 of the Woodburn Zoning Ordinance. e A condition of approval is that the garage shall setback 20 feet from the front property line or 20 feet from the side property line if the side yard is adjacent to a street. A condition of approval is that the applicant shall comply with the single family dwelling driveway standards specified in Chapter 10 of the Woodburn Zoning Ordinance. A condition of approval is that the mutil-family units and neighborhood commercial buildings in phase 3 and 4 shall undergo the site plan review process. In addition, staff are requiring that the applicant include the development of the neighborhood park in phase 2 rather than phase 3. The neighborhood park would then be available to the single family lots within phase I and 2 of the Boones Crossing P.U.D. 25 10. 11. 12. 13. At such time that the site plan review is requested for the neighborhood commercial area, the following uses will be the only ones allowed: The uses allowed in the neighborhood commercial area shall be limited and emphasize the needs of the nearby residents rather than serving the city as a whole. Commercial uses within this planned unit development are limited to the following: (1) (2) Multi-family - three stories or less with commercial on the first floor Churches Retail (1) (2) (3) (4) Bakery / Deli Book Store Video Rental Florist Service (1) (2) (3) (4) (5) Kindergartens or Day Nurseries Beauty Shop / Barber Medical ! Dental / Optometrist Office Dry Cleaning Athletic Club Commercial uses are subject to the CO - Commercial Office Standards SITE PLAN REVIEW IS REQUIRED The applicant shall provide staff with a copy of the final CC & R's (Homeowner's Association) before staff will sign off on the plat. The applicant shall also provide staff with a copy of the recorded CC & R's. The applicant shall incorporate the multi-family complexes and neighborhood commercial area into the CC&R's. The Planning Department staff concur with the Park's Departments evaluation of the applicant's variance request and have as a condition of approval that the applicant comply with the specific conditions required by the Recreation and Park's Department which are listed as follows: 26 14. 15. 16. 17. 18. 19. 20. 21. Dedication and construction (to Department standards) a three- acre neighborhood park. The park will be open to the public and will serve the PUD and surrounding neighborhood. The neighborhood park will include a design and construction budget of $350,000. Payment of a $161,805 systems development charge to increase capacity of the City's community recreation facilities. All fees shall be paid prior to construction. Final plan shall conform to the construction plan review procedures and standards. The final construction plan shall include street landscaping and lighting. Street landscaping shall be complete prior to acceptance by the City. Construction shall conform to the City of Woodburn standard specifications and all state building codes. Provide the City with an acceptable bond or contract for improvements as required in the Woodburn Subdivision Standards, Chapter III Section 6 (4) prior to acceptance of the final plat and issuance of a building permit. Prior to any construction, a reproducible mylar of the final plat shall be filed with the Public Works Department after all required signatures have been obtained and the plat has been recorded with Marion County. 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 and park fees in effect at the time of building permit issuance have been paid. All fees shall be paid prior to construction. Upon acceptable completion of all improvements to be maintained by the City, the developer shall provide the City a maintenance bond good for one year, in the amount of 10% of the improvement cost. Prior to building permit issuance the applicant shall submit one set of reproducible as-builts. 27 22. Prior to building permit issuance comply with comments as submitted by: Public Works Department Water/VVastewater Department Woodburn Fire Department Recreation and Parks Department Building Department Police Department The applicant will be responsible for platting and recording the lot in accordance to the subdivision standards. The final plat must be submitted within one year of tentative approval by the Planning Commission. 28 ANNEXATION/ZONE CHANGE/PUD / VARIANCE REVIEW -- COMMENTS REQUEST DATE: DEPARTMENT: Planning CONTACT PERSON: Naomi Tejeda, Planning Dept, 982-5246 APPLICANT: Tom McConnell, Alpha Engineering, Inc. TYPE OF PROJECT: The applicant is requesting the annexation of 61.9 acres into the Woodburn City Limits and a zone change of the subject property from Urban Transition Farm (UTF) to Single Family Residential (RS) . The applicant is also requesting conditional use approval of a 241 lot planned unit development, including park areas and a neighborhood commercial area. In regard to the conditional use request, the applicant is seeking approval of a variance to the indoor and outdoor requirements within a planned unit development. PROJECT LOCATION: The property is located east of Boones Ferry Road and west of Brown Street. It can be identified specifically on Marion County Assessor Map T5S, lW, Section 18C, Tax Lots #1100 and #1400. CONFERENCE PLACE: Conference Room #1 Woodburn City Hall DATE: July 17, 1998 TIME: 1:30 pm DEPARTMENT COMMENTS Commercial Designation · Commercial property be conditioned to allow only specific uses. · Put the majority of commercial uses on the south side of the bypass with a maximum of one acre on the north side. Phases · Provide staff with a phasing schedule including what will be provided in each phase. · Dead end streets that will be created in the proposed phase #1 need to have turnarounds as per the Woodburn Fire District's comments. "Azalea" Street is proposed to be connected to a road that does not currently exist. · Revise proposed street names so that they do not conflict with existing street names as per the Woodburn Fire District's comments. · Multi-family should not be split on both sides of the bypass. Put multi-family on the north side of the bypass and the majority of the commercial uses on the south side. Access to multi-family should be off Ash Street. Secondary (emergency access) off Autumn Street, The applicant could have up to 126 units of multi-family, Provide staff with a conceptual elevation showing what the multi-family units will look like, ATTACHMENT A 29 Homeowner's Association Provide an Exhibit "A" (pages 1-2 of Section 1) that identifies the described parcels. · "Turnover Date" (page 3, section 1, item 1.21) - Does this include only the single family lots? · "Retail Signage" (Section 4.12 (f) pg. 8) A city sign permit will be required. Please incorporate a requirement that any "free-standing" sign be a "monument sign". · Section 6.3 (f) Duties and Powers of the Association - The board does not have the discretion when not to maintain public rights-of-way, i.e. the median. That can only be at the discretion of the city. Please amend this section. · Clarification - Does the commercial properties have a vote? Section 10 "Miscellaneous Provisions" - Incorporate the following statement: Amendment of Articles: No amendment shall be made to the Articles of Incorporation nor shall the homeowner's association be dissolved unless approved by the Woodburn Planning Commission (see Section 21.090 (a) of the Woodburn Zoning Ordinance). Transportation Imoact Study (TIS) · The applicant will be required to expand their TIS to include the Highway 214 intersections with Evergreen Avenue and the I-5 northbound and southbound ramp terminals as per the Oregon Department of Transportation's recommendations, ATTACHMENT A 30 SITE PLAN REVIEW BOONES CROSSING Randy Scott Public Works GENERAL CONDITIONS: 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 easement to be conveyed to the city. The applicant, not the city is responsible for obtaining permits from any state and/or federal agencies which may require approval or permit. This development shall not cause storm water runoffto be impounded on adjacent properties. The subdivision shall be platted in accordance with standard surveying practice, approved and recorded with Marion County. Applicant to provide for the installation of all franchised utilities and shall provide any required easements on the final plat. Street lighting shall also be installed by the applicant as per PGE plan schedule "B". The owner/applicant shall be required to enter into an improvement agreement as outlined in the Woodbum Zoning Ordinance, Chapter III, Section 6 prior to acceptance &the final plat. Also prior to construction of the subdivision commencing the city will require approved construction plans, a performance bond and construction permit fee's paid. All work shall conform to the City of Woodbum Standards and all State Building Codes and regulations. STREET: ~Boones Ferry Road shall be improved from the south boundary of this development to the existing railroad crossing approximately 150 feet north of this development. This shall be a full street improvement, not half street as indicated in the application. The improvement ATTACHMENT B 31 shall be in conformance with the Transportation System Plan (TSP), Boones Ferry Road is designated as a minor arterial. The railroad crossing on Boones Ferry/Settlemier Avenue is currently being designed by the city and is to be scheduled for improvement. The improvement portion would end approximately 100 south of the existing crossing. Boones Ferry Road is an existing 60-foot wide right-of-way, in accordance with the TSP, an additional 7 feet of right-of-way and a 10-foot wide utility easement shall be dedicated to the city adjacent to this development. The applicant proposes providing 50 feet wide right -of-ways and 28 feet wide improved streets with parking on both sides along the residential streets and 60 feet wide right-of- ways and 38 foot wide improved street with a 10-foot wide landscape boulevard in the center, with no on street parking for the residential collectors. This is acceptable with the addition of 10 foot wide utility easements adjacent to the right-of-way line. The applicant has proposed to provide connector paths and grass crete for emergency access at the end of several dead end streets, and not provide a cul-de-sac for turn around provisions. This will be acceptable it~ the mm around/access is acceptable to the Woodbum Fire District, The homeowner's association shall be responsible for the maintenance of area, including the grass crete provided for emergency access. The final design shall make provisions to restrict access for other vehicles except emergency vehicles. Brown Street shall be improved from the existing improved portion near Comstock Way, to the south property line of this development. This shall be a full street improvement, not a half street as indicated in the application. The improvement shall be in conformance with the Transportation System Plan (TSP), Boones Ferry Road is designated as local access street. The proper right-of-way shall be dedicated to the dty for Brown Road Extension. For that portion off-site, not adjacem to the applicants development, city staff will assist in obtaining the proper fight-of-way, however the responsibility is the applicants, not the cities. This shall be accomplished with phase one. The south arterial shall be improved in accordance with the TSP as a minor arterial, the applicant is proposing that the portion along the South prope~j line of this development be a half street improvement 37 feet wide. This is not acceptable full street improvement will be required, sidewalks would not be required on the South side however. ATTACHMENT B 32 C. DRAINAGE: The storm sewer system and on-site detention shall comply with the dries Storm Water Management Plan ( working document) and Public Works Storm Water Practices. A hydraulic analysis shall be prodded to the dty for review and approval. On-site detention facilities shall be maintained by the Homeowners Association. Phase one is proposing to discharge through the existing facilities constructed with the Steldov addition, which will be acceptable. Phase two is proposing to locate a facility in the southern portion of the development, thus discharging to lVlill Creek through open drainage way. This will require proper easements for locating the system on private property and future access for maintenance needs be provided. At~er review of the hydraulic analysis, the use and features of surrounding area it may be that an open drainage way would not be allowed, but rather a underground pipe system would be required. The development shall be subject to wetland regulations, Division of State Lands shah be contacted a proper permits obtained if required. D. SANITARY SEWER; The application is proposing to serve phase one by a gravity sanitary sewer system, by extending the existing mains from Ogle Street and Brown Street. This is acceptable except the depth of the existing system may not be sufficient to serve the area as shown. The proposed location of the sanitary sewer extension from Brown Street, through the rear of the lots of the Steldov Subdivision as proposed by the applicant is not the preferred location. The preferred location is within the southerly extension of Brown Street. However, if grade restraints require the system to be installed ia the location as proposed by the applicant, it will be acceptable if proper easements are provided to the city, including access to each manhole for firmre maintenance. In addition with the extension of Brown Street, condition B4, the sanitary sewer would also need to be extended south from Comstock Way. The application is proposing phase two be served by gravity to a regional pump station located near Mill Creek. The application is also indicating that they will pay a proportionate share of the facility through system development charges. The Wastewater Facilities plan identifies a new regional ~ station to be constructed in the Capitol improvement plan to serve this area. However it currently is not funded or scheduled for construction. Sanitary sewer service cannot be provided to phase two until such time as the lffi station is constructed. ATTACHMENT B 33 The applicant will be required to pay for their fair share cost. However, it may not be through system development charges as they have indicated in the application. The System Development Ordinance is very specific in the procedure for applying for credits, this procedure must be followed. Funding sources cannot be identified at this time. Water: The 12" dia. water main shall be extended along Boones Ferry Road and the South Arterial to the east boundary of this development as proposed by the applicant The interior water mains shall be internally looped and shall be sized in accordance with flow and fire protection requirements. The minimum looping requirements outside of the interior mains shall be as per the following. A. The interior system shall connect to the proposed 12" dia. main at each proposed street intersection, including the streets providing only emergency access. B. The interior system shall be looped/connected to the existing system at the intersection of Comstock Way and Brown Street, though the extension of Brown Street connecting to the proposed main in Park View Blvd. and Vine Street. The line shall be s'tzed according to flow requirements, however the minimum size will be 8" in dia. C. The interior system shall be connected to proposed system at the end of Bridlewood Subdivision at the end of Azalea Street. The minimum size shall be 8" in dia. D. The proposed water main serving the cul-de-sac on Pana Street shall be looped to the proposed main in Azalea Street. Fire protection requirements, access, fire hydrant requirements and fire protection issues shall as per the Woodbum Fire Districts conditions of approval. Actual fire hydrant locations and in line valving locations will not be determined until the construction plan review phase. See wastewater/water comments in regard to cross connection requirements. ATTACHMENT B 34 DiL~M~2yIEN~[~Las~ewat eft Water CONTACT PERSON: Naomi Tejeda, Planning Department DEPARTMENT COMMENTS Cross connections: Water Department All units that put in underground irrigation systems, swimming pools, hot tubs and fire spnnkler systems will be required to install a backflow prevention assembfies (DC) (Double Checks). The assemblies shall be installed by the water mater hex1 to the property line. Unless approved by city En~mneers Please see Inspector on Installation Standards 982-5283 Wastewater Department No comment at this time Larry Arendt Industrial Waste Coordinator Cross Connection Inspector Post-It" br~ ATTACHMENT C 35 WOODBURN FIRE DISTRICT Prevention Division Site Plan Review Comments Memo To: Naomi Tejeda, Asst. Planner City of Woodbum From: Robert Benck Fire Marshal Date: 8-20-98 Facility/Project Name: Boones Crossing PUD(Revised) Location: South Boones Ferry Rd. Occupancy Class: R-3/R- 1/M A. Access: 1. Exterior of Facility: 1. Driveable access to within 150 feet of all sides of all structures. 2. Access to park is adequate as long as any structures are within the limits noted in # 1. 3. Proposed 20 foot width on Autumn and Spring Streets meet minimum width requirement for emergency vehicles. Turning radius appear to meet minimum requirement. 2. To Interior of Facility: Information not provided B. Building Exit System: Information not provided 1. Occupant Load: 2. Number of Exits: 3. Exit Flardware: 4. Exit Signage: 5. Emergency Lighting: C. Fire flow/ Water Supply: 1000 gpm for single family residential, minimum 1500 gpm for commercial and multifamily structures. Note: commercial structures could require a higher flow depending on type of construction, size, use and whether they are sprinkled. D. Hydrants: Hydrants spaced at an average maximum distance of 500 feet apart, no structures more than 250 feet from a hydrant. Specific locations to be approved by the City water department and the Fire District. E. SprinMer/FDC: If you wish to pursue narrow streets the Fire District would consider them if all occupancies are sprinkled. Residential building could meet NFPA 13D or approve system. ATTACHMENT O 36 F. Alarm System: As required by housing code G. Premise Identification: Markings and location to meet city standards. The following street names are in conflict and cannot be used. 1. Elm 2. Pine 3. Maple 4. Ash 5. Oak 6. Park View 7. Azalea Pana as proposed does not connect to the existing Pana and should not be used. Please submit a list of proposed names so they can be compared to existing names in the regional dispatch area. (Attempting contact on 8-20- 98.) H. Special Occupancy Requirements: NA I. Building Size & Limitations/Type of Construction: Within limits L Fire and Life Safety Review Requirement: NA 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 structures. COMPLIANCE WITH THESE REQUIREMENTS ~ 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. WOODBURN FIRE DISTRICT 1776 Ne~btrg Hwy. Woodburn, 017,. 97071 (505) 952-2360 Fax (503) 981-5004 ATTACHMENT D 37 Woodburn Recreation and Parks Department from: date: subject: Naomi Tejeda, Planning Department D. Randall Westrick, Recreation and Parks Director July 13, 1998 Department Comments; Boones Crossing PUD The Recreation and Parks Department has reviewed the above-referenced project. Below are the Department's comments The Recreation and Parks Department is pleased that the proposal includes the provision of park and recreation facilities. This portion of Woodburn has been identified in the City's Dra~ Comprehensive Recreation and Parks Plan as deficient in neighborhood park facilities. The proposed development provides an opportunity to resolve this deficiency. 1. Woodburn Zoning Ordinance; Chapter 21 - Planned Unit Development Section 21.040(d) Outdoor Living Area - This section of the Zoning Ordinance, requires designating 18.57 acres for "common or shared outdoor living area." As proposed the development includes 5.15 acres (Main Park and Mini Parks A, B and C, and Greenbelt Pathways). 61.9 acres (gross land area) x 40% = 24.76 acres (outdoor living area) 2476 acres (outdoor living area) x 75%: 18.57 acres (common or shared outdoor living area) The proposal lists 3.01 acres as Parkways within the Open Space Tabulation. However, Chapter l, Section 1.420 of the Zoning Ordinance defines open space as a "common area" in which "no thoroughfares or parking areas are located." The plan does not meet open space or "outdoor living area" as defined in the Zoning Ordinance. The 5.15 acres the proposal sets aside for open space represents 27 percent of the total common area the Zoning Ordinance requires to satisfy outdoor living requirements. The ordinance also states that .92 of the outdoor living are must be for active recreation. The plan appears to meet this standard. Section 21.040(c) Indoor Recreation Area - This section of the Zoning Ordinance requires that the PUD include a 3,350 square foot indoor recreation facility within the development. The proposal contains no indoor recreation facilities. ATTACHMENT E 38 Recreation and Parks Department Comments; Boones Crossing PUD Page 2 This section allows for a waiver of the requirement for an indoor recreation area if the cost for outdoor recreation facilities is at least 75 percent of the estimated cost for indoor facilities. The Recreation and Parks Department estimates the cost of indoor facilities at $350,000 and the cost for the qualified outdoor facilities (5.15 acres as outlined above) at $500,000. The section also allows a waiver of the requirement for an indoor recreation area if a payment is made to the City equal to the estimated amount of the indoor recreation facilities. The Recreation and Parks Department recommends a waiver of the indoor recreation area requirement under this provision. However, because the proposal is lacking in outdoor living space, the Recreation and Parks Department proposes mitigating the deficiency as described with the next section. Recommended Method to Mitigate Outdoor Living Area and Indoor Recreation Area Deficiencies as Outlined Above The PUD proposal calls for a 2.26 acre "main park." This park needs to conform to neighborhood park standards as outlined in the City's Draft Recreation and Park Master Plan. This plan defines neighborhood parks as a minimum of three acres. The park needs to include "playground equipment, a hard surface sports court, and a playfield." Neighborhood Parks may also include "picnic areas, vegetation, and other amenities." The cost of improvements must total at least $350,000 (estimated cost for required indoor recreation area). The Woodburn Recreation and Parks Department will own and operate the park. It will also be included within the City's neighborhood park inventory. The neighborhood park (not mini parks) would be designed to serve the surrounding neighborhood, but would be open to the entire community. The Woodburn Recreation and Parks Board and the City Council will name the park. However, suggestions and ideas fi.om the developer will be accepted. Parkland Dedication or Cash-in-lieu of The Woodburn Zoning Ordinance requires developers to dedicate parkland for public use or pay a cash-in-lieu of such a dedication or a combination of both. Accordingly, the amount of the cash-in-lieu payment is calculated below: 335 units x $483/unit = $161,805 While the developer is required to set aside and develop a park, the amount of qualified open space, is deficient. Below is an analysis of open space the development will generate (includes a neighborhood park at a minimum of three acres). ATTACHMENT E 39 Recreation and Parks Department Comments; Boones Crossing PUD Page 3 2. 3 mini parks Greenbelt Pathways Neighborhood (Main) Park Total 2.06 acres 0.83 acre 3.00 acres 5.89 acres The 5.89 acres of parks and open space represent 31 percent of the total outdoor living area and 27 percent of the common or shared area required for PUD's under the Zoning Ordinance. This money is collected "for development and acquisition of park and recreation land to meet immediate and future demand for parks and recreation facilities to serve the residents of the development." Typical uses for such funds are to develop community facilities such as Centennial Park or a new community center. This development does build facilities that will serve the surrounding neighborhood. However, it does not meet the requirements set forth within the PUD section of the Zoning Ordinance to meet neighborhood needs. Without the cash-in-lieu payment, the project does not provide funding to meet demands residents will place on community facilities. Park Design Considerations The Department is concerned that the park to be dedicated to the City will be built according to standards that will serve the community for many years. Other concerns include safety and efficient operation and maintenance. Therefore, the Department will require design review, comment and approval for the park's site plan and all construction plans, specifications and details. The Department will provide the developer with park development standards that define acceptable plant materials, security lighting, irrigation, playground equipment, park amenities, pathways, turf, drainage and grading. The park site plan and construction documents must also conform to Americans with Disabilities Act standards. Playground equipment constructed within the main park must meet U.S. Consumer Products Safety Commission safety guidelines and also conforming Americans with Disabilities Act standards for accessibility. Land Uses Surrounding the Main Park Ao The Recreation and Parks Department is concerned that the main park is completely encircled by streets. These concerns are for visitor access, safety and aesthetics. The developer ought to consider a different street pattern that allows access directly from the multi-family complexes to the park. This would allow children to reach the park without having to negotiate a street. As proposed, Ash Street could be very busy since it apparently serves the commercial area. A design scheme that reduces street frontage to the park might also provide a landscape that flows together, thus ATTACHMENT E 40 Recreation and Parks Department Comments; Boones Crossing PUD Page 4 enhancing the attractiveness of the complexes. Eliminating this street might provide the additional acreage necessary to create a three-acre park. Reconfiguring the street to provide adjacent boundaries between the park and commercial area might offer interesting opportunities to share space. For example a shared plaza near the park boundary might afford an opportunity for a food outlet to encourage outdoor dining and take out use of the park. The Recreation and Parks Department is concerned about the types of businesses that locate into the commercial area. Incompatible uses should be prohibited. Specifically businesses that serve or dispense alcoholic beverages or tobacco products should be prohibited. The developer might consider moving the park to a different location within the development. This would make the park more accessible to surrounding neighborhoods. 6. Mini Parks- Water Features The developer is proposing three mini parks. Two of these parks include water features and playgrounds. The reflecting ponds cause staff concern. Placing water features close to playgrounds that will obviously attract children could create a hazardous situation. The developer might want to devote one or two of the mini parks to passive attractions and not include playgrounds and other attractions for children. Should the developer want to consider including a water feature with a children's playground, a wading pool or fountain might be considered. However, such developments require staff and adult supervision to operate. Staff is also concerned about the long term commitment to maintenance that water features such as those proposed present to the neighborhood association. Water features that are not turned on or maintained significantly detract from the neighborhood and specifically the adjacent neighboring property. As facilities such as these age, capital repairs to keep them functioning become increasingly expensive. All the while, the facilities must be maintained with chemicals, filtration, pumps, water and repairs plus the continual maintenance, cleaning and adjustments. 7. Mini Parks- Playgrounds The playgrounds constructed within the mini parks must meet U.S. Consumer Products Safety Commission safety guidelines as well as conforming Americans with Disabilities Act standards for accessibility. cc: Woodburn Recreation and Parks Board ATTACHMENT E 41 Memo to: from: date: subject: Woodburn Recreation and Parks Department Naomi Tejeda, Planning Department ) ,/ D. Randall Westrick, Recreation and Parks Director I0'V/ July 13, 1998 Conditions for Approval - Boones Crossing PUD Below are conditions of approval the Recreation and Parks Department requires for the above- referenced PUD. 1. Designate "main park" as a neighborhood park and increase acreage to at least three acres. The developer will reconfigure the surrounding streets to limit streets surrounding the park and provide direct access to the surrounding multiple family housing. 3 The City will waive the requirement for construction of an indoor recreation area and the developer will design and construct the neighborhood park according to neighborhood park standards outlined in the Draft Recreation and Parks Comprehensive Plan. The value of the park development will at least equal $350,000. The Recreation and Parks Department reserves rights to review and approve all park site plans, construction details and construction plans and specifications. The City will provide the developer park design standards that will provide specifications for turf, slopes, concrete paths and courts, plant materials, drainage, irrigation, playground equipment, park amenities and other park development details. The developer's cash-in-lieu fees are calculated according to the following formula: 335 units x $483 per unit = $161,805 The Woodburn Recreation and Parks Board reserves the right to recommend to the City Council a name for the park. ATTACHMENT E 42 H/oodburn Recreation and Parks Department Naomi Tejeda, Planning Department D. Randall Westrick, Recreation and Parks Director date: August 19, 1998 subject: Boones Crossing Open Space/Parks Plan Comments The Recreation and Parks Department has reviewed the above-referenced plan. Comments are outlined below. Neighborhood Park Standards The plan shows a three-acre park with pathways, trees, benches, design elements and open turf areas. These amemtms are consistent w~th the Ctty s reqmrements fo neighborhood parks. However, other features are required to meet minimum standards for neighborhood parks. These issues are discussed below. Playground Besides these amenities, the park needs a playground that includes at least 10 climbing decks, two slides, four swings and other items such as track rides, bounce toys and manipulative features. Shaded park benches near the playground should be included. These benches should be situated to provide a place for parents or supervising adults a place to site while children play. The playground must be built to provide accessibility according to the Americans with Disabilities Act and it must meet all Consumer Product Safety Commission guidelines. All elements within the playground must be well-drained and accessible year around. The area designated "Potential Active Play Area" is a good location for the playground. Play Field The play shows an open '~Grass Play Area." This area should be irrigated to provide green turf throughout the year. It also must be graded and drained to provide access during wet seasons. The play field should be relatively flat and be continuously open without trees and not bisected by pathways. This area should be available for informal play, ~an~ Because of the intensive maintenance required for planters, the Parks Division discourages including planters within parks. Volunteers and service clubs and organizations maintain most planters within the City's parks and open space. However, if planters are included within this park, the Recreation ATTACHMENT E 43 Boones Crossing Open Space/Parks Plan Comments Page 2 and Parks Department recommends that they are "convertible." The Parks Department recommends covering planters with brick pavers or other attractive covering and capping the irrigation heads. Should a suitable volunteer force commit to maintaining the areas, the pavers could be removed and the irrigation activated. Sport Court The court needs to be big enough to accommodate full court basketball. It should include a slip resistant surface, markings for basketball and two basketball hoops. The court is located' in a good place on the plan. It is away from the street, and isolated from the playground. However, the developer should consider the location of development on neighboring properties. Hard court play surfaces can be noisy. Shouts from players and noise from the "thump" of balls can annoy residents or event businesses. General Considerations for "City Park" The Recreation and Parks Department will want to work closely with the developer as the park site plan and construction details come into a sharper focus. The Department will provide the developer with details on the following: · · · · · · · Plant materials - size and species. Landscape slopes. Turf. Tree spacing. Security lighting. Irrigation equipment. Site amenities such as picnic tables, park benches, drinking fountains and playground equipment including surfacing. ATTACHMENT E 44 Memo from: date: subject: Woodburn Recreation and Parks Department \ Naomi Tejeda, Planning Department ) D. Randall Westrick, Recreation and Parks Director ~0' August 20, 1998 Conditions for Granting a Variance - Boones Crossing PUD The initial proposal the applicant submitted for the above referenced PUD presented deficiencies in the Outdoor Living Area and Indoor Recreation Area requirements for PUD's as outlined in the Woodburn Zoning Ordinance. The Recreation and Parks Department has set forth conditions that mitigate these deficiencies. These conditions are consistent with Zoning Ordinance waiver requirements. Specific conditions the Recreation and Parks Department requires include: Dedication and construction (to Department standards) a three-acre neighborhood park. The park will be open to the public and will serve the PUD and surrounding neighborhood. The neighborhood park will include a design and constraction budget of $350,000. Payment of a $161,000 systems development charge to increase capacity of the City's community recreation facilities. Section 13.020 of the Woodburn Zoning Ordinance sets forth "Conditions for Granting a Variance." Below is a discussion about how the above-outlined conditions justify granting a variance from the Outdoor Living Area and Indoor Recreation Area requirements for PUD's. (a) That there are unnecessary, unreasonable or extraordinary hardships or practical difficulties which can be relieved only by modifying the literal requirements of the ordinance. The Zoning Ordinance requirements for Outdoor Living Area and Indoor Recreation Area are impractical. However, the Recreation and Parks Department has determined that constnwtion of a neigbborboodpark (to City standards) and three miniparkswill mitigate the open space attdpark deficiencies within the PUD as well as surrounding neighborhood. Payment of System Development Charges for parks will offset the PUD's impact on community recreation facilities. (b) That there are exceptional or extraordinary circumstances or conditions applying to the land, buildings, or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings, or uses in the same District; however, non-conforming land uses or structures in the vicinity shall not in themselves constitute such circumstances or conditions. '[he Recreation attd Parks Department has determined that construction ora neighborhoodpark (to City standards) and three mini parks will mitigate the open space and park deficiencies within the ATTACHMENT E 45 Conditions for Granting n Variance = Boones Crossing PUD Page 2 PUD and also the surrounding neighborhood Payment of System Development Charges for parks will offset the PUD's impact on community recreation facilities. (c) That granting the application will not be materially detrimental t the public welfare or be injurious to property or improvements in the neighborhood of the premises. The conditions for park dedication and development and payment of Systems Development Charges for parks and recreation facilities will be of beneftt to the surrounding neighborhood and community. The proposal will construct facilities to serve the neighborhood beyond the PUD and the Systems Development Charges will help with developing facilities to serve the PUD and the entire Woodburn community. (d) That such a Variance is necessary for the preservation and enjoyment of the substantial property right of the petitioner. The conditions the Recreation and Parks Department placed on the application will allow the applicant to buiM the PUD and mitigate neighborhood and community impacts the development will have on recreation facilities. (e) That the granting of the application will not, under the circumstances of the particular case, adversely affect the health or safety of persons working or residing in the neighborhood of the property of the applicant. The conditions the Recreation arm Parks placed on the application will insure that the surrounding neighborhood has adequate parkhmd accessible and useable. (0 That the granting ofthe application will be in general harmony with the intent and purpose of this Ordinance and will not adversely affect any officially adopted Comprehensive Plan. The conditions the Recreation and Parks Department placed on the application are consistent with the Zoning Ordnance. They insure that the PUD will have a positive impact on neighborhood and community recreation facilities. The IVoodburn Zoning Ordnance states "that the location of parMands for recreation facilities is as important to the proper development of new residential areas as are improvements like streets, water, sewers and sidewalks." These conditions accomplish this general concept. Additionally, the "Draft Parks and Recreation Comprehensive Plan" seeks to locate a neighborhood park facility ~ mile of every resident in Woodburn. The neighborhood park prOpOsed in this PUD will accomplish this objective for the PUD and surrounding neighborhood ATTACHMENT E 46 FROM : RLM CONSULTING SERVICES PHONE NO. : 5033628223 Sul. 02 1998 09:35AM P2 ANNEXATION/ZONE CHANGE/PUD / VARIANCE REVIEW -- COMMENTS BUILDING DEPT. REQUEST DATE: 7/16/98 DEPARTMENT: CONTACT PERSON: Naomi Tejeda, Planning Dept, 982-5246 APPLICANT: Tom McConneil, Alpha Engineering, Inc. TYPE OF PROJECT: The applicant is requesting the annexation of 61..9 acres into the Woodburn City Limits and a zone change of the subject property from Urban Transition Farm (UTF) to Single Fam~y Residential (RS). The applicant is also requesting conditional use' approval of a 241 lot planned unit development, including park areas and a' neighborhood commercial area. In regard to the conditional use request, the applicant is seeking approval of a variance to the indoor and outdoor requirements within a planned unit development. PROJECT LOCATION: The property is located east of Boones Ferry Road and west of Brown Street. It can be identified specifically on Marion County Assessor Map TSS, 1W, Section 18C, Tax Lots #1100 and//1400. CONFERENCE PLACE: Conference Room//1 Woodburn City Hall DATE: July 17, 1998 TIME: 1:30 pm DEPARTMENT COMMENTS ~a¥ all ,..fees prior to start of const~.~ction. Obtain all necessary Pe,rmits:p~to= ~e'v'~tart of constuuction ADA curb cuts required. Ail other issues will be resolved at plan relier. Obtain necessary approvals from fire marshall. 6. Site improvements are to be permitted and inspected prior to cover. ATTACHMENT F 47 ANNEXATION/ZONE CHANGE/PUD I VARIANCE REVIEW -- COMMENTS ......................... ~V'O'ODBURN POLICE DEPT. REQUEST DATE: 7/16/98 DEPARTMENT: CONTACT PERSON: Naomi Tejeda, Planning Dept, 982-5246 APPLICANT: Tom McConnell, Alpha Engineering, Inc. ¥~1 ~t ,d i~lll .. 0Lk;E I~'PT. TYPE OF PROJECT: The applicant is requesting the annexation of 61.9 acres into the Woodburn City Limits and a zone change of the subject property from Urban Transition Farm (UTF) to Single Family Residential (RS) . The applicant is also requesting conditional use approval of a 241 lot planned unit development, including park areas and a neighborhood commercial area. In regard to the conditional use request, the applicant is seeking approval of a variance to the indoor and outdoor requirements within a planned unit development. PROJECT LOCATION: The property is located east of Boones Ferry Road and west of Brown Street. It can be identified specifically on Marion County Assessor Map T§S, lW, Section 18C, Tax Lots #1100 and #1400. CONFERENCE PLACE: Conference Room #1 Woodburn City Hall DATE: July 17, 1998 TIME: 1:30 pm DEPARTMENT COMMENTS ATTACHMENT G 48 REC'D -b 3uly 16, 1998 JUL 2 0 1998 Ms. Naomi Tejeda WOODBURN COMMUNITY City of Woodburn DEVELOPMENT DEPT. Planning Department 270 Montgomery Street REGION 2 Woodburn, OR 97071 SUB3ECT: Comments on Annexation/Zone Change (Boones Crossing) FlEE CODE: Thank you for notifying and involving the Oregon Department of Transportation (ODOT) in the land use action identified above. The purpose of this letter is to inform you that ODOT has concems about this proposed project and its potential impacts to area transportation facilities. The proposed project is an annexation, zone change, and conditional use permit on 61.9 acres located east of Boones Ferry Road. The applicant is proposing these actions for the purpose of constructing a planned unit development consisting of 241 residential lots (230 single family residential lots and 70 apartment units), parks, and a neighborhood commercial center of approximately 10,000 square feet. The property is south of the Boones Ferry Road/Settlemier Avenue intersection with State Highway 214, which provides a direct connection to the I-5 freeway. As this project includes a zone change, it is subject to the requirements of the Transportation Planning Rule (TPR - OAR 660-12) which implements Goal 12 of the Statewide Planning Goals and Guidelines. Specifically, the requirements of OAR 660-12- 060 apply here: DEPARTMENT OF TRANSPORTATION 660-12-060 (1) Amendments to functional plans, acknowledged comprehensive plans, and land use regulations which significantly affect a transportation fadlity shall assure that a/lowed land uses are cons/stent with the identified function, capacity, and level of service of the facility. This may be accomplished by either: (a) D'rniting allowed land uses to be consistent w/th the planned funct~'on, capacity and level of service of the transportation facility; (b) Amending the TSP to provide transportation faci#ties adequate to support the proposed land uses consistent with the requirements of this d/vis/on/or (c) Altering land use designations, dens/ties, or design requirements to reduce demand for automobile travel and to meet travel needs through other modes. The application package provided to ODOT includes a transportation impact study (TIS~ prepared to address the impacts of the project. ODOT staff have reviewed the TIS ano~ 734-1867 (1-94) ATTACHMENT H 49 Ms. Naomi Tejeda O'ty of Woodburn 07/16/98 Page 2 of 2 have found several deficiendes which must be corrected in order to accurately and completely evaluate the impacts of the project. Our general comments follow: The analysis only includes evaluation of the traffic impacts of the project at a projected build-out in 2000. The TPR suggests that a long-term analysis (20 years) is necessary to determine the full range of project impacts and demonstrate that the zone change will not adversely affect the transportation system. ODOT recommends that the TIS be amended to include a 20-year analysis, including identification of project specific mitigation measures. The 'i-IS, in Figure 8, indicates that 40% of the project generated traffic will utilize Highway 214 west of its intersection with Boones Ferry Road/Settlemier Avenue. ODOT recommends that the study area for the 'r~s be expanded to include the Highway 214 intersections with Evergreen Avenue and the 1~-5 northbound and southbound ramp terminals, which this project could significantly affect. As noted above, the City must comply with OAR 660-12-060 by including evidence in the record which indicates that the project will not adversely affect the operation of area transportation facilities, l~n order to provide that information, ODOT requests that the 'I'~S contained in the application materials be revised to respond to our comments above prior to adoption of the annexation and zone change. The amended T~S will document the magnitude of project-related impacts to the area transportation system and describe the mitigation measures necessary to ensure the project will not adversely affect city or state facilities. ODOT staff are prepared to work with the City and applicant in the preparation and review of these recommended revisions. This letter should be included in the hearing record as ODOT testimony. ODOT should be considered a party to the hearing and be entitled to notices to future hearings, or hearing continuances or extensions. Please provide me with a copy of the City's decision, including findings and conditions. Sincerely, Senior TransportaUon Planner DLF: c: Tony Martin, Region 2 .lune Cadson, Mid-Willamette Valley Area Mark Radabaugh, DLCD ATTACHMENT H 5O BROWN IIIIIIIIIIIII Z 51 ATTACHMENT I tDNIggOEIO g:E]NOOE] I O~Z 0 iii Ill --,' il '""~ 52 ~-----' 3U3H 3NYN UNO~ 866[ 9[ :BI, :E~ ~'~ §ny uoN §~P'I,~aaqs\gNINN¥- .\. m Z -I liltITll II II - ll BOONES CROSSING 53 TITI.~ $l.~r/ C~IULATION PLAN V. Woodburn Zoning Ordinance: WZO Chapter 21 Procedure The purpose of Chapter 21 is to provide latitude in design and site development so as to encourage innovative and aesthetically pleasing housing opportunities. The standards and procedures are designed to: promote flexibility in design and location of structures and amenities; promote efficient use of land; and provide reasonable assurance of City approval prior to completion of detailed construction plans. (WZO 21.0 I0.) The Woodburn PUD process involves a three stage approval mechanism. This application is submitted as a part of the Stage Two - Design Review approval following Stage One - Conceptual Review. Stage Three, Final Review, is an administrative review process to check that Final Plans are in substantial conformity with those approved during Stage Two approval. Stage Three review must occur within one year after the City approves Stage Two or upon commencement of Phase 1. Information Submittals: Stage two, Design Review, requires the following information submittals: Table 4: Stage Two information requirements. (WZO 21.070 (a-c)) ],~tion of Information in Signatures of Property Owners Design Team Resumes Preliminary Plan (11 copies): List various exhibit sheets Appendix F Appendix E Sheets No. 1 - 9 Elevation of all points used to determine contours Sheet No. 6 Development and construction schedule Final Development Plan schedule Appendix D Appendix D .Chapter 21 Planned Unit Development We have met several times with staff during the Stage One - Conceptual Review portion of the application. Staff has conceptually approved the street system, lotting patterns, and public services. Refinements to open space and the commercial elements have been made since the initial staff review and have been incorporated into this application. Section 21.020 Design/Development Criteria (a) The adequacy and continuity of public facilities is sufficient to accommodate the proposed development. ATTACHMENT L 54- ! Applicant's Response. We are providing a supplemental section addressing capital improvements (see Section VII). Boones Crossing will comply with the criteria required by Section 21.020 of the Zoning Ordinance. Boones Crossing is a mixed use development comprised of 241 detached single family units, 59-94 multifamily residential units, and a small neighborhood commercial area designed to serve the Boones Crossing residents. The development will be bounded on one side by Boones Ferry Road, a minor arterial, and on another side by the proposed south arterial street. Boones Crossing would be constructing a half-street improvement for Boones Ferry Road. Boones Crossing will also be dedicating the right-of-way for that portion of the south arterial fronting the project and constructing a half-street improvement as well. Brown Street, classified as an access street also will serve the site. The applicant will be providing the necessary dedications and construct a half street improvement for Brown Street adjacent to the plat. Therefore, Boones Crossing will not reduce existing street capacity below acceptable City design capacity standards in satisfaction of criteria. In addition, Polygon Northwest will pay traffic impact fees which the City may use to improve traffic circulation within this area of Woodburn. SEWER The portion of Boones Crossing that will be served by gravity sewer (Phase 1) will connect to an existing manhole located at the intersection of Brown Street and Parr Road. A sanitary sewer line would be extended via a public utility easement across the adjacent Tax Lot 1401. The remainder of the site, as well as other surrounding properties, will be served by a new regional pump station in the vicinity of Mill Creek and the south arterial. WATER Water to the site will be extended from a 12-inch ductile iron pipe located at the intersection of Parr and Front. The line will be extended southward to the intersection of Boones Ferry Road and the south arterial and then eastward along the south arterial to the east plat boundary. The applicant will construct 8-inch lines throughout the interior of the Boones Crossing PUD. STORM DRAINAGE Storm drainage for the Phase 1 portion of Boones Crossing will be connected in a piped system served by an on-site water quality facility (WQF) located north of Park View Boulevard along the plat's northern boundary. Storm drainage pipes will extend northward within a public utility easement (shared with the sanitary sewer) to connect to an existing storm drainage system that outfalls into a 48-inch line in the Meadow Wood subdivision northeast of the Boones Crossing site. Other phases of the PUD will be served by an on-site WQF in the southeast corner of the plat. The storm water would then be removed via a pipe or ditch eastward through an easement to be obtained to an eventual outfall into Mill Creek approximately 1,300 feet east of the site. ATTACHMENT L 5 5 Details of Water, sanitary Sewer, (bi The features o t and storm drait~n Sheet 7 -Utility Plan. been ~f ~he site adequately ...... (su. ch as to~o~,,. "~°nStaeredand.....'. oT~getation, solar etc.) have H~S utilized access, There are no known hazards associated With the si The site is CUrrentl . any identified weti ~Yan;~r fgncultural ,roJ . u aOes .A. *' uuctt°u project does not contain or abut SOLAR ACCEss ,,ut contain any we The site is relativel runs east/ ~o, Y flat with n - Will ex w_o~ Over 80% of t o tOPOgraphic Ii aa .... ceed the base .... .he residen~;~, j ght ~The proposed general street pattern -t'wntunities ;,, ~_ ~- oo reef. the vrooosed develooment offers (c) '" contorm;, - -..-ty %etlon. The size of the deve P._ roposed develon,,, _ l°Pment, site ,,~ _, . .. uses and anv_ ~'-tent are reason-'~ outt~ and opening characteristics o the 'negative impacts ha'n,,a~ tle com~ surrounding development and~and ~ oeen sufgtimized. (d) Parking areas and Safety and avo;-~ entrance.exit ~u C°ngestion. - points are so as to facilitate traffic pedestrian ~onge vehicles tt~ enter ~Oones st._feets Within the -, Crossing, v;o ~, des'- retry Road u~ - OOnes Cross:-~ ~._tty of am standards with avin , curbs and ~tcate right p to the Cit ' ~"g Will be · P. g · ' Th ~ .... 'of-way fo.- -~ Y s st d ..... ~g right-of-way to bnng their half of ~des,~.u_eatcati°ns of "-' me ~City's ro~ o~ (37 fe~of centerline). The pro'ect will also ---~o-tan right-or_ P Posed conn,,.,:_ and Vehicular ,~.~ Way and c--~ South ti street (50 feet north of centerline). app~'~,,°,ns Onto Boone,. ,~,uttc and reduc~'°?¢Spondi'eet construction will help facilitate ~o~'-.~ .^-nately 750 fe~.- ° fferry Road ~," ~°ngestiol on Northwest proposes two treet _-o,,uc,ated with the._~.`' Because th ' .~he block ~eY~:~etween these tw ' s aPprox; .... ~c mte,-~., e sttc i~ . . o mtersecuons is --ate~y 700 feet an'~~u°ns' There wi;~' ~re~ativeat there is no sight distance problem ~"-,. - de two sections with the south arterial, located Streets Within Boo provided (e ..... nes Crossin · _ Interio- _.~ ^cept the thr~ , ~.g Will be na tVnieo~s-taewalks Will ~,/~aScaped "b~ ,~.u_ to a ra~num of 28 feet with on-street arldn "- '~ ~eetio . "'~ -' teet · Ulevard .... P . g n detatl o- o,_ Wtde at t~,~ stre which will have no on-street arkin ,, onee ,,,~ P g). t 8 - Open Sn~,.?r,,°p.eny li~ on both sides of each local street. See ·-~'~, ~'ancs, ~treet Details. ATTACHMENT L 56 (e) The development design promotes energy conservation through the use of materials, landscaping and building orientation. Applicant's Response: The street design is a modified grid system connecting the interior residential streets to either Boones Ferry Road, the south arterial, or Brown Street, a local access street. Therefore, out-of- direction travel has been minimized. Pedestrian travel is encouraged through the design of the street system and greenbelt pathways. The commercial area will be designed to promote pedestrian oriented access to the Boones Crossing residential area. Most of the houses will have a significant southern exposure, thereby maximizing solar access and limiting heating costs. Wherever reasonable, Polygon Northwest will select and install plant materials that are drought resistant, thereby minimizing the need for energy consumptive irrigation systems (see Sheet 5 - Landscape Master Plan). In addition, Polygon Northwest will plant deciduous shade trees along each street. Deciduous trees offer cooling shade in the hot summer months and allow sunlight to penetrate the tree form in the cooler winter months. Street trees will be planted in conformity with City code requirements. See detail on Sheet 5 - Landscape Master Plan. The buildings are located so as to provide light and air according to yard requirements and afford adequate solar access where desired. Applicant's Response: As mentioned above, the layout of Boones Crossing will offer significant solar access. proposed setbacks are illustrated in Section IV, Table 2, of this application The (g) The design promotes crime prevention and safety features through lighting, visibility of building entrances, secure storage areas, etc. Applicant's Response- The neo-traditional grid system with narrow streets, porches, and reduced building setbacks will combine to create neighbor-to-neighbor interaction and increase visibility within the neighborhood. Community storage areas are not proposed within the development. All streets will be lighted with light standards producing a minimum of 0.4 foot candles. Street lighting plans will be subject to the approval by the City engineering department. Long term maintenance of the street lights will be provided by PGE. The public areas within Boones Crossing are located in areas of high visibility thus discouraging any unwanted activity. (h) More usable and suitable located recreation facilities and other common and public facilities are provided than would be under conventional land development procedures. ATTACHMENT L 57 Applicant's Response: The Boones Crossing development will be providing a network of interlinked high quality open space areas within the plat. There will be three well equipped mini-parks distributed throughout the development. The two water quality areas will be well landscaped and suitable for passive recreational opportunities. Two streets will have landscaped medians which lead to the development's largest open space/park area. The park and open space areas within the Boones Crossing development are significant amenities that would not be provided under the normal subdivision process. Please refer to Sheet 8 - Open Space, Parks, and Street Details. ATTACHMENT L --1-'1 II II II .11 I ~-,, Z 0 > 59 I.-4 -I I 1 0 ATTACHMENT M 6O ~J Z W W Z 0 ATTACHMENT M 61 Z W W ATTACHMENT M 62 Z Z $1INN z 63 i i o01-,6 ~ i Z W W W i .o~-,6 Z W .<~ .J O..W 65 Z I..- Z U.I 773 4 Z oFw ~_~ O_W Z 0 W W W 66 p] p] z ~ mO r-Z 0 0 Table 2: Proposed minimum setbacks and lot widths Height Rear Yard Setback Rear Yard Setback - Comer Side Yards RS Base. Zone Requirement Boones Crossing 35 feet - dwelling No change 24 feet - I story 20 feet 30 feet - 2 story 36 feet - 2 V2 story 14 feet- I story 20 feet - 2 story 20 feet 20 feet 15 feet 15 feet Side yard adjacent to street Front Yard Lot Area Lot Width 26 feet - 2 V2 story 5 feet- 1 story 6 feet - 2-2 tA story 20 feet except where existing average depth on street is 10-20 feet, may use average 6,000 square feet 60 feet at front 15 feet No change 5 feet 10 feet 20 feet to face of garage 10 feet to faq:ade of house 5,400 square feet 55 feet at buildin~ line Required yard shall be horizontally unobstructed except as follows: Cornices, eaves, belt courses, sills, canopies, or other similar architectural features (not including bay windows or vertical projections) may extend, or project into a required side yard not more than two (2) inches for each (1) foot of width of such side yard and may extend or project into a required front or rear yard not more than thirty (30) inches. Chimneys may not project into a front or rear yard more than twenty-four (24) inches. Chimneys may project up to twenty-four (24) inches into a side yard. Open balconies and unenclosed stairways more than thirty (30) inches in height and not covered by roof or canopy may extend or project into a required rear yard not more than four (4) feet and such porches may extend into a required front yard not more than thirty (30) inches. A ground level deck not more than thirty (30) inches in height and not covered by a roof or canopy may be allowed in any yard regardless of the setback requirements. Table 3: Streets, lots and blocks standards. (WSO Section 12) Subdivision Standards Boones Crossing Streets: and ROW Minimums: access local streets Minor Arterials Intersection angles ROW: 60 feet Improvement: 36/34 feet ROW: 74 feet Improvement: 50 feet 60-90 degrees 50 foot tan~;ent 50 feet 28 feet/34 feet No change No change ATTACHMENT O 68 1,200 feet No ehanl~e Block Length LOTS: Lot width Interior Lot: 60 feet 55 feet Corner Lot: 80 feet 60 feet Parkland Dedication: WSO~ Ch. V, Section 19. As a condition of approval of a final plat of a residential subdivision or the issuance of a building permit for the construction of a residence, each developer or builder will be required to dedicate land for parks, or cash for the development and acquisition of parks, or a combination of both at the option of the City, as required by Chapter 39 of the Woodburn Zoning Ordinance. Applicant's Response: See Chapter V below. ATTACHMENT O · . zx i I I I Z Z 0 0 0 NOT TO F~C. ALE 73 1012711997 14:52 G934442 POLYGI~I',II4 PAGE 03 ANNEXATION INFORMATION SHEET DIRECT__QUESTIONS TO: _-i~ ~cC..o,.~,.~E,~, ,. ,ALMA (NAME) ~(~Co ~ OAr., ~'T.: cT,~-m ~ (ADDRESS) ~ ~i~~ ~ ~ (TELEPHONE) -~o~A~ OP. (CITY) (STATE) (ZIP CODE) 11. PROP..E.R'rY O..WNERS: I~l.~,q ~,~,,I C_~~~ T-~Z~HHE~,/~c'Y ~t "T'~,,L~'n~ OF.. NAME (PLEASE PRINT OR TYPE) ADDRESS & ZIP CODE III, LOCATION AND _S _IZ~E.OF THE PROPERTY: APPUCATION. CHECKUST OFFICE USE ONLY YES NO ANNEXATION PETITION SIGNED, (NOTORIZED SIGNATURES) BY PROPERTY OWNERS EXHIBITS: 1. REASON FOR ANNEXATION REQUEST PROPOSED DEVELOPMENT OF AREA 3. EXISTING CONDITIONS OF AREA 4. SCHOOL IMPACT ANALYSIS (Exhibit 'A") (F_xhroit"~") ~ (Exh~ "C') (Exhibit "D") ~ 6, 6. 7. 8. PARK AND RECREATION FACILITIES AVA~LABIUTY (Exhibit ~ LEGAL DESCRIPTION OF THE PROPERTY (Exhibit 'F") PLOT PLAN (Exhibit EST OF Al I PROPERTY OWNERS WITHIN 100 FEET OF THE PROPERTY (Exhibit "i-P) g. ASSESSOR'S MAP (Exhibit "1") SCHEDULED HEARING DATE: APPUCATION RECEIVED BY: DATE: 74 ]0/27/~997 14:52 B934442 POI_YGI3NN~ PAGE 84 ANNEXATION PETITION - REQUIRED INFORMATION PLEASE PROVIDE THE FOLLOWING INFORMATION: REASON FOR ANNEXATION RECtUEST: Exhibit 'A" A. Reason: Proximity of City Services - indicate on an accompanying map. PROPOSED DEVELOPMENT OF THE AREA Exh~it "B" A. If totally or partially undeveloped, what are the futura plans for the site (Provide a preliminary site plan): B. if the site is funy developed provide a plot plan: EXISTING ._CONDITIONS OF THE AREA Exhibit "C" Land Area: Acres · _General descrir~fion of the area: 1. Slopes: 2. Vegetation: 3. Drainage: 4. Flood Areas: 5. Sewage disposal' 6. Utilities (gas, elect., tele.) Existina Land. Use: 1. Number of single family units: 2. Number of multiple family units:, 3. Commercial .. Industrial Public Uses 4. Open Space w SCHOOL IMPACT_ Exhibit "D" A. Where is the nearest school facility: 75 18/27/1997 14:52 G934442 POLYGON I, A/ PAC-~ 85 What is the expected student population of the area upon completion of the development: 5. PARK AND RECREATION FACILmES Exhibit "E" A. Is there sufficient area to provide for park or open space for the development: .t 6. LEGAE DESCRIPTION OF THE PROPRTY piOT PLAN: Show all properties within 250' from and parallel to the subject property and the land use of each. Exhibif'G" NAMES AND ADDRESS OF ~ PRO?ERTY OWNERS (husband and wife) within 250' from an parallel to the subject property. Obtain certified list and map from title company and attach. F__xhibit "H" ASSESSOR__'s. MAP, ~ copy of Marion County Assessor's Map showing subject area and outlining 250' notifmafion area. Exhibit "1" We the undersigned, hereby certify that all the stateme~ in the plot plan, attachments, and exhibits transmitted herewith are true and complete, and we a~e the owners of record or contract purchasers of property which the annexation is request, ed: 76 18/27/1997 82 14:52 G934442 POI_YG~N I~ P~_~ ANNEXATION pETTTION AND CONSENT 9Ve~ ~e u~de~igned legal ow~er o~ co~ttract p~rchasg~ artd resident etect~x$ of a cer~n parcel of land herein described m~d at, acted to this Annexation Petition as Exhibit I, petition the Ho~r~dde May~r and City Cmjr~l of Woodbum for armexation of that e..er~ p~operty to tl~ City of Wood§urn. We further desire tbait by this petltkm th~ the =erm;n p¢oper~y be mmexed to m~l be Included withln the eoq~omm ~ of the C~y of Woodb~ Orega~0 n munleLoal carpom~x~ and we do hereby consent to such m~nexatlon, without the necesdty of em/elecfian being =algal w~h me area above ek~e~, and we do hereby correct th~ the ~ Coun~ ef the CRy of Woodbum, Oregon, take ste~s as ace nece~mry to deeerm~e whether or not the ~id ~ove described area ~ be annexed. ~ OwneHs} q~,C~ttrac~P,u~ctms~($}: Resident Owner(s) o~ Contract F'urchaserls) that ~re Resident E~e~oc[s1*: Address: . d ,.---' . Addms~ I:les4de~'tt Elector~* th~ m'e not Lin'rd Owrm~; Address:. Resident Electors means Regtst~ed STATE OF OREGON COUNTY OF MARION ! SS ~ ~ no rnisrepeese,,;~ ~ tO ~he fm:t~, further 8ffinlt, thst to the bes~ of my know~dge the Jndlv~u~ls lbove Ilemed eor~;Itu~e a maladW of the ~ reglstmm] in the terrltoW proposed to be ~nnexed m~l the owne~/oontrac~ OFFiCIAl. SEAL ALICE PARKER ROTH NOTARY PUBUC-OREGON CCIMMISSION NO. 059442 MY ~OMMIS$1ON EXPIRES JANUARY lc, ~00~ 1 PETITION AND CONSENT NO'r Y .U.UC m. 0. 0. My Commission expims:U O, c4._, ( I 10/27/:].9cJ7 14:52 6934442 ' POLYGON ., PETITION _DIRECT QUESt_ _oNs TO: ' (ADD~) ~ ' Ci~HONE . I (CITY) (STATE) ('ZIP CODE-') REQUEST_: I To (desired zoo~desired comp, plan) .!~-% as such zones are defined ,~ NAME (P[F_ASE PRINT OR TYP~ ADD~ &,.ZIP CODE _ APPLICATION CI-{ECKUST OFFICE USE ONLY YES NO 1. statemem of ~ent (Ex~. ^) . s. Lega~ Oes~on of~ Propert~ 4,Ust of NI Property Owners within 25O Feet of the Property 78 10/27/1997 14:52 6934442 POLYGON NN PAGE 87 REQUIRED ATTACHMENTS STA'iEMENT OF INTENT should cr~scuss/explain the reascm this request is made. Include brief d~ of any proposed constm~ or land use change, show that the request is: 1) in conformance with the COml~ehensive Plan; 2} there is a pubr,= need for this change; 3) mat need is best met by no otha- avaibTd31e and appropriately zoned land in the vicinity;, b') petitioneds cannot make a reas(xmb~e use of the land as it is ctm'ently zoned. (See zone change policy considerations). (Mark EXHIBIT LEGALJ3ESCRIPTION of the property in metes and bounds (as it appears on the deed); Mark EXHIBIT "C". or if property Is with~ a platted subdivision: *Lo~. . akx~c . of (Su~). *NO't~__: If a frac~on of the lot, then attach fu~ descriptl~ es if it were metes and bounds. NAMES AND ADD, FJESSES OF ~ PROPERTY O~,NI~:IS ~ 250 feet from and parallel to the su~e(~ property. (husband and wife) Ob~n ~ list ASSF.,S~.OR'S MAP. Attach copy .of Marion County'Assess~s map showing subject area and outr~ng 250" notifica~n area. We. the undemigned, hereby Certify that all the .sta'te~ In the plot plan. attad'unents, and exhibits transmitted hemwfl~ am true and eomplete, and we are ~anq_ els req~- ---- NAME DATE /??? 79 I I I I I I ANNEXATION INFORMATION SHEET DIRECT ClUESTIONS TO'. (NA~E) (ADDRESS) (CITY) (TELEPHONE) (STATE) (ZiP CODE) II. PROPERTY OWNERS;, NAME' (PLEASE PRINT OR 'FYPE) ADDRESS & ZiP CODE Ill. LOCATION AND._SrT-E OF THE PROPER'i'Y: APPUCATiON CHECKLIST OFFICE USE ONLY YES NO ANNEXATION PETmON SIGNED, (NOTOR[7_.ED SIGNATURES) BYPROPERTYOWNERS EXHIBITS: 1. 2. 3. 4. 5. 6. 7. 8. REASON FOR ANNEXATION REQUEST (Exhibit "A") PROPOSED DEVELOPMENT OF AREA (Exhibit 'B') EXISTING CONDmONS OF AREA (Exhibit "C") SCHOOL IMPACT ANALYSIS (Exhibit "1~ PARK AND RECREATION FACILmES AVAILABILrrY (Exhibit "E") i ~t. DESCRIPTION OF THE PROPERTY (Exhibit "F"~ PLOT PLAN (Exhibit 'G") UST OF ALL PROPF_R'i~ OWNERS WITHIN 100 FEET OF THE PROPERTY (Exhibit "H'~ I I SCHEDULED HEARING DATE: APPLICATION RECEIVED BY: DATE: 80 ii Il Il ii ! Il Il ! ii ! ii ! ANNEXATION PETITION - REQUIRED INFORMATION PLEASE PROVIDE THE FOLLOWING INFORMATION: REASON FOR ANNEXATION REQUEST: Exhibit B. Proximity of City Services - indicate on an accompanying e PROP..OSED DEVELOPMENT OF THE _AR_F-~ Exhibit "B" A- If totally or partially undeve.10Ped, what ~e the futu~ plans ~ ~? site (Provide a preliminary site plan): ~ ~r'Acl4~'c~ ~~4. s'~acr, B, ff the site is fully developed provide a plot plan: e EXISTING CONDmONS OF THE.AREA Exhibit B. C= _.1.1~ Acres · Gerleral desc=rlption of the area: 1. Slopes: p_ Vegetation: 3. Drainage: 4. Rood Areas: 5. Sewage crmposal 6. UblitJes (gas, elect., tele.) F_xisfina Lar~ Use;. 1. Number of single family units: Number of multiple farraly units: 3. Commercial .. Industrial Public Uses 4. Open Space ~CHOOL IMPAC'I~. Exhibit "D" A. Where is the nearest school facility: 81 What is the expected student population of the area upon completion of the development; PARK AND RECREATION FACILmES is there sufficient area to provide for park or open space for the development: !FGAL DESCRIPTION OF .TI:I. E PROPRTY Exhibit J 7. PLOT PLAN: Show all properties within 250' from and parallel to the subject property and the land use of each. F.~it"G" I 8. NAMES AND ADDRESS OF ALL PROPERTY OWNERS (husband and wife) w'~d~in -' 250' from an parallel ~3 the subject property. ObJ~in cei~Ji,ed list and map fi.om title ~ company and attach. Exhibit 'H" i 9. ASSE$SOR'.S MAP. Attach copy of Marion County Assessor's Map showing Subject area and outlining 250" nolSficafion area. Exhibit We the undersigned, hereby c~.rlJfy that all the statements in the plot plan, :' ~:: attachments, and exhibits transmitted herew'~h are true and complete, and we are , '~ the owners of reCord or contract purchasers of property which the annexation is '.~ I ::" Yl ~,,~ U'~ u,,~, - --, .... 82 t~l I 1' 4.Jl" WUUUl3,Urt~,, UflJ:t.lUIV teJ~INEXATION PETTTION AND CONSENT the ufl~crsignecl legal owner or ~ntmct purchaser ~ r~d~ ~ of · ~ ~ of ~ ~n ~ p~ bo e~~ ~ ~ ~ ~ ~ ~ ~ ~ of~ ~ ~bu~ 0~ a o~! or/~.t~act eurehaser(;t: Address:. Resident Owoe~s] ~ Cootmct Purchaseris] thzt am Resident Bec~ortsl*: Reddest Elector~* that ~e not Lan~ Owners:. b'TATE OF OREGON COUNTY OF under n~ mim~p~ u to the fa=~, fugttter affimt, ~ ~ ~ b~ of ~ ~ge ~ ~~ above TRISHA M~ ,o;~ ~u~uc* o~o, ~v ~~~ ~;= ~-~/~/ P~ON AND 83 1012711997 14:52 6934442 SUBDIVISION/PARTITION PRELIMINARY PLAT APPLICATION PAGE 88 Re~. By: Date: CONCURRENT REVIEWS: ADJUSTMENT. SITE PLAN REVIEW _~ VARIANCE ..~ CONOmONALUSE SUBDIVISION NAME: ~~% ~~tt~(~ ZONE MAP AMENDMENT COMP. PLAN AMENDMENT REPRESENTATIVE OR CONTACT PERSON: --I M - (PHONE) (FAX) (NAME) J D ESSl i(CITY) (STA¥~.) (ZIP CODE) PROPERTY 0WNER:(Please print or type) ADDRESS & ZIP CODE 2. CertiFmd list, on pre.pasted labels for mailing, with the names and addresses of property owners wtthln 250 feet for a Subdivision and 100 feet for a Partition. I I I I 3. UBEO. UES . Give the acreage, number of lots, average lot size end any variances being requested. For example: 'To divide 32.6 acres Into 74 lots with variances to allow for lot frontage on a cul-de- sac of 38' where 40' is required." 4. The ZONE AND COMPREHENSIVE PLAN designation in which the parcel is located. ! ! 5. Describe the location of the property or give the address: 6. Map No. .. Tax Lot #(s) 7. Attach a written statement, marked ~ which explains your reasons for subdividing the land and provides evidence that the request conforms to the Woodburn Comprehensive Plan, Zoning Ordinance, and Subdivision Policies. Attach a prelirhinary plat and narrative which contains the following information {Exhibit "B"): 84 10/27/[997 14:§2 6934442 POLYGON '° Preliminary Subdivision (Partition) Plat Checklist. PAGE 89 () () Signatures of each owner (husband and wife) or contract purchaser. Date Vicinity Map A~ea map identifying adjacent structures and lots Subdivision Name (The name of any proposed subdivision shall not be the same as or similar to any name used on a recorded plat on the county or city). Township, range, section, tax lot number(s), acreage of the property to be divided. Attach a legal description(s} of the property. North arrow, scale (one inch equals 200 feet o¢ larger) Locations and names of ell existing streets within or on the boundary of the proposed subdivision/partition. Locations and names of all proposed streets. Lot (parcel) layout with approximate dimensions, lot(parcel) numbers and areas for ali lots (parcels). Provide a footprin~ of the buildable area for each lot. Zoning end Comprehensive Plan designations in the proposed subdivision (partition) and ares adiacent to the proposed subdivision (partition}. } Indicate which.buildings are to remain and which are to be removed. ) Topography within and adjacent to the proposed subdivisionlpertition. ) Locations of drainage ways, flood ways, or floodplain within and ad]ac, ant to the proposed subdivision/partition. The location and size of all proposed water, sewer, and storm drain lines. The Icc, etlon of all proposed fire hydrants. ADDRESS AND ZIPCODE so ,Or, 85 .J 10/27/1997 14:52 6934442 POLYGON I',M PAGE OFF[CE USE ONLY: Application: # App cec'd by:. Da£e: Receipt: APPLICATION FOF:i A CONDITIONAL USE DIltECT QUESTIONS TO: 10 NAME I'-~'t I ADDRESS qteCO PHONE: q.~49- I 1. We, the undersigned applicants, being owners of the property herein described, do hereby ~ make application to: ! ! e Location of tb..e property (street address or ff not addressed, then state the distance to the nearest intersecting street or known landmark) including the section, range and township: 3. Legal descrlp~on of the property as it appears on the deed: Lot , Block · of subdivision. NOTE: ff a fraction of the lot, then attach a full description as if it were metes and bounds or attach a metes and bounds description, marked "EXHIBIT "A". Zone in which property is located: Attach a copy of the applicable Marion County Assessor's Map. Mark "EXHIBIT "B". Plot plan to be attached, marked "EXHIBIT "C' and including land uses on surrounding lands in notification area, site layout of subject parcel and st_ma with dimensions and lot lines shown. The plot plan should show clearly the nature Of the Conditional Use. 86 10/27/1997 14:52 6934442 PAGE 11 e e REASON: Submit a detailed statement explaining why the request is made. Mark "EXHIBIT "D". _N .AMES AND ADDRESSES: Submit a eertiffed l~t of all property ownexs within 100 feet of the subject's property boxnxdaries. For a mobile home park a distance of 7.50 feet is required, ~ APPLICANT(S) ATTEST THAT: (a) The above request does not violate any deed resections that may be attached to or imposed upon the subject property. 0a) if the application is granted, the applicant will exercise the fights granted in accordance with the terms and subject to all the conditions and limitations of the approval by the p~ Comrni~om (c) All the above statements and the statementa in the plot plan, attachments and exhibits ~tted herewlth are true; anti the applleam(s) so seknowledge that any permit issued on the application may be rewked if it be found that any such statementa are false. DATE: day of a 19 SIGNATURES of each owner (l~usband and wife) or contract purchaser. ADDRESS & ZIP CODE ........... ,/(,! Tr' /da' Application received: By Date 87 11/oa/97 15:08 VARIANCE APPLICATION DIRECT QUESTIONS TO: We, the undersigned applicants, being owners o'/' the property herein described, do hereby make application for permissio~ to {llst each variance ~eparately): Location of the property (street address, Or if not addressed, then state l~e distance to the nearest intersecting street or known landmark) including the section, range and township: Legal description of the property as it appears on the deed: Map No._~. I~1 I~C, Tax Lot #(s) Lot , Block , of subdivision. NOTE: If a fraction of the lot, then attach a full description as if it were metes and bounds or attach a metes and bounds description, marked "EXHIBIT "A". Zone in which property is located: ~ I~IE: bi b ~ E ~) ";Attach a copy of the applicable Marion County Ac~.ssor's Map. Mark "EXHIBIT "B". Plot plan to be attached, marked 'EXHIBIT "C" eJ~d including land uses on su~ounding lands in 'notification area, site layout of subject parcel ~nd structures with dimensions and lot lines shown. The plot plan should show cleady the nature of the variance. 88 I Thursday, O~obcr30.1997 01:26:28 PM Bocchi-Zimmcr Pagc 2 of 2 10/30/1997 10:26 6934442 POLYGON N~ PAGE 02 10/27/97 11:08 'f~$03 982 $24& wuu~ ruu~ .Aa · ~p__.~D~'1ONS fro' GRANT'ING 8 VARIANC_~ - at is bai made ~d~ ~ va~e ~ ~DDRESS & ZIP CODE . ~iE AppLICANT(St A_'~'EST THAT: The above request does not violate a~y deed resections that may be attached to or imposed up~ ~e ~b~t pro~ffy- If ~ ~~ ap~fi~ is g~d, ~e ap~i~ ~U e~mise t~ ~ g~ed in '~i ~ ~ ~m~ e~ ~e ~~ in ~ ~ ~n. a~en~ and ~ib~ ~ ~ aPP{;~ may ~ ~d if ~ ~ f~d ~ any ~ DA~: ~ay of _ __, 19 RES of ~ ~ner (h~nd a~ wife) ~ ~ct pur~ser. ADD~ESS & ZIP CO~ received: By_ 11/03/97 ! 15:08 '~$03 982 5244 R'DBN pUB.._L.IC ~$ VARIANCE APPLICATION DIRECT QUESTIONS TO: PHONE: We, the undersigned applicants, being owners o'i the property herein desc~bed, do hereby make application for permission to (list each variance ~eparately): [~OOl Location of the property (street address, Or if not addressed, then state the distance to the nearest intersecting street or known landmark) including the section, range and township: Legal description of the property as it appears on the deed: Map No._~. I~t I~C.~ Tax Lot #(s). ! tOO ~ Lot , Block , of subdivision. NOTE: If a fraction of the lot, then attach a full description as if it were mates and bounds or attach a mates and bounrls description, marked "EXHIBIT Zone in which property is local:ed: F Attach a copy of the applicable Mario~ County A.c~.ssor's Map. Mark 'EXHIBIT Pi0t plan to be attached, marked 'EXHIBIT 'C" a~4d including land uses on surrounding lands in notification area, s~te layout of subject parcel end structures with dimensions end lot lines shown. The plot plan should show clearly the nature of the variance. P-ge :3 - VARPROC,,6~q~ 90 I2hufsuuy, uc~uucr~U, lU51UI:Zb:ZU PM Uocchi-Zimmcr Page 2 of 2 0/38/1997 10:26 6934442 POLYGON NI4 PAGE 02 · ID"'. Submit OpenLY/owners within 10(3 fat of the subject's property boundaries. NAME ~HE APPLICANT(S) ATFEST THAT: a) The above request does not violate a~V deed resl~CtiOns that may be atl~chad to or imposed upo~ the subjeot property. b) If the variance applic~ation is granted, the 8pplicm'lrt ,will exercise t.~h~ rights grarvcad in accordance with the tem~ end aub]e~d; to all the c, om~i~ and limh;etio~s of the approval by the Plenpir<l Commisslo~- c} ~Ji the above statements aru~ the 8ta~ in the plot plan. a~tachmente and exhibits transmitted her®wiL;, are tn~e; and the applicant(s) so eOknowledge that any permit issued o~ the appGcatio~ may be revoked if it be found that any ~uch statements am false. DATE: day of _ __, 19 SIGNATURES of each owner (husband and wife} at contract purchaser. ADDRESS & ZIP COD~ Application received: By 91 Pmo~ · - VAKPROO,G/g3 SCOPE OF USES ALLOWED WITHIN THE NEIGHBORHOOD COMMERCIAL AREA 'The areas identified in the applicants' site plan, designated for commercial use, shall be restricted to neighborhood commercial uses as set forth below. The neighborhood commercial area shall be primarily oriented to serve the residents of the Boones Crossing PUD. Neighborhood commercial uses are intended to be Iow-impact, pedestrian-oriented businesses. The proximity of these commercial uses to residential uses in the PUD should reduce automobile trips and promote energy conservation. Furthermore, this neighborhood commercial area should not significantly compete with similar uses in other areas of the city. Such uses should be limited to certain types of personal services, retail businesses and professional offices. The standards set forth below will allow the city to control the impacts of such development, while at the same time, provide reasonable flexibility in attracting viable and compatible commercial businesses to support this mixed-use development. Uses within the neighborhood commercial areas identified in this PUD are allowed as follows, subject to site design review: Permitted Uses. A. Family Service.s. 1. Pre-schools 2. Day care facilities 3. Nurseries 4. Kindergartens 5. Other family service uses determined by the Planning Director to be similar in nature and impact to the uses set forth above Personal Services with a gross floor area per business of 5,000 square feet or less, including: 1. Barber shops 2. Beauty shops 3. Bank or other financial institutions 4. Laundry and tailor services 5. Pharmacies 6. Real estate offices 7. Other personal services determined by the Planning Director to be similar in nature and impact to the uses set forth above Co Retail Businesses with a gross floor area per business of 5,000 square feet or less, including: 1. Antique shops 2. Art and photo supply shops 3. Cafes, coffee houses and bakeries ATTACHMENT R 92 II III 4. Ice cream/candy stores 5. Florists 6. Gift Shops 7. Other retail businesses determined by the Planning Director to be similar in nature and impact to the uses set forth above. D. Single Family Dwellings above, beside or behind a neighborhood commercial use. Conditional Use: 1. Grocery Stores/Health Food Stores 2. Video Rental Stores 3. Professional offices for accountants, attorneys, medical, dental or other allied professional offices and clinics, primarily oriented to serve residents of the PUD. Conditions: (1) Businesses may be open for any period between the hours of 9 p.m. and 7 p.m. (2) Personal services or retail businesses shall not be allowed with more than 5,000 square feet of gross floor area per business. (3) No drive through businesses allowed. (4) All Site Plan Reviews are subject to HOA review prior to submittal to the Planning Commission. (5) That portion of the PUD south of the south by pass be a base zone of PUD Single Family Residential with the opportunity to come back to the Commission at a later date to determine whether it should be utilized for commercial uses. ATTACHMENT R 93 ADDENDUM BOONES CROSSING REPORT MEMO TO: FROM: DATE: SUBJECT: Steve Goeckritz, Community Development Director ,. Frank Tiwari, Public Works Director ~~' October 21, 1998 Public Works Concerns Regarding Boones Crossing Project I am still concemed about the resolution of following issues: To my understanding all new residential developments must be served by more than one improved access road. As I see it, the developer has not yet provided the proper additional documentation to show whether public rights-of-way exist or he owns the property for the additional access that will be provided by the extension of Brown Road. Phase II of this proposed development cannot be served by sanitary sewer until a new pump station is constructed. The construction of pump station cannot be guaranteed with 100 percent surety, and developer may have a legal dght to construct any units on the approved phases. The storm water discharge from Phase II is planned to cross the properties that are not owned by the developer. Once again, the developer needs to show proper documen- tation that third party conditions will not become a problem if the project is approved. Although I believe there could be some adjustment after negotiations in the single family development area according to our practice, the developer will have to pay for all streets and other infrastructure cost in full, including the adjoining arterials/improvements along commercial and multiple housing development. Also, developer will be responsible for Brown Street connection and conveyance of storm water from Phase II to Mill Creek as outlined in the planning commission conditions. GST:Ig City Administrator City Attorney Randy Scoff File 94 ALPHA ENGINEERING, INC. REC'D '0 March 31, 1999 Steve Goeckritz, Planning Director City of Woodbum Community Development Department 270 Montgomery Street Woodbum, OR 97071 RE: Supplemental Materials for Boones Crossing Dear Steve: The purpose of this letter is to address outstanding issues regarding the Boones Crossing applications in preparation for the March 22nd City Council meeting. The issues that have been worked out amongst the applicant, City staff, property owner, and neighboring property owners involve sanitary sewer, storm drainage, and phasing. Sanitary Sewer The property owner is committed to providing the City with a deep sanitary sewer line that will provide gravity sewer service to the entirety of the project site as well as the surrounding community. We are providing a detailed drawing depicting the proposed deep sanitary sewer line (see attached). The deep sanitary sewer line is an 18-inch line that would extend 2,500 feet (+/-) from the site as shown to the Mill Creek interceptor. The proposed deep gravity sewer will provide sewer service to all phases of the Boones Crossing project. In addition, extension of this gravity line would be utilized to serve most properties in the vicinity including some properties located to the south, as well as to the east toward Mill Creek. A pump station project that would have bcen needed to serve the area in the vicinity of this project, including the second and third phases of this project, would no longer be required due to the modified deep sewer project. The proposed deep sewer project will serve this entire area unless the City wishes to include the area located east of Mill Creek and the area beyond the urban growth boundary to the south. The area east of Mill Creek could be served with another gravity line from a northerly direction along the creek. If the City were to construct a pumping system, it would cost over $750,000; therefore, the proposed system will save over $400,000 in capital costs plus yearly maintenance costs. The sanitary sewer project wilt cost the owners and tile developers of the property more than $700,000, with no cost sharing or credits from the City. I Plaza West · Suite 230, 9600 SW Oak, Portland, Oregon 97223 Office 503-452-8003 · Fax 503-452-8043 95 Revised Phasin~ Plan We are providing the revised Sheet 4 - Preliminary Plat which provides a revised phasing scheme to provide two access points to Boones Ferry Road and a secondary interim emergency access to Brown Street as a part of Phase 1. The revised phasing allows Phase 1 to meet the code requirement of providing a minimum of two points of ingress/egress from the site. It will also allow for the dedication and construction of Brown Street along the site's Brown Street frontage (paved travel lane and curb, gutter, and sidewalk along west side of Brown fight-of-way). We had a meeting with Bob Benck, Fire Marshal, on March 16th who agreed that Brown Street could serve as a secondary emergency access in its current condition should a b!ockage occur at the Foxglove and Park View streets intersection. Storm Drainaee The upplicz-mt has been working with adjoining property owners to obtain storm drainage exsements fi'om the site to Mill Creek. We expect to have the easements or agreements with the property owners in hand at the City Council's meeting. We have provided the attached illustrative detailiug the aligmnent of the storm drainage line from the site's eastern bom:dary to Mill Creek. Brown Street One of the conditions of approval has asked that the applicant improve the Brown Street link from the existing improved portion near Comstock Way to the south property line of the development's Brown Street frontage and provide proper right-of-way dedications. The applicant has made all reasonable attempts to obtain the dedication of fight-of-way front the affected property owners and would provide the required street and utility improvements to Brown Street. However, the adjoining property owners to this portion of Brown Street are not willing at this time to provide the dedications or allow the improvement~, to be mv~.le. Only the City would have tb.e anthod~." to obtah~ these dedications at this time allowing the applicant to make these improvements possible. The applicant has reviewed the development proposal to see if it would continue to fm~ction properly without this Brown Street link at this time. The small amount of traffic that would have used Brown Street would now use alternative routes through the development to Boones Ferry Road. The traffic engineers have reviewed this scenario and stme that these intersections would continue to function within acceptable standards. Should the Brown Street right-of-way become available within a prescribed timeframe, the applicant would be willing to provide the improvements to this link as stated in the condition. The applicant would be agreeable to a condition that stated if the Brown Street right-of-way became available within the latter of two years or completion Phase 2 of the 2 96 development, that they would provide the necessary improvements from the plat's south boundary along Brown Street to the intersection with Comstock Way. The applicant has had a conversation with the developer of the property immediately adjacent to the north. The adjoining developer has indicated to us that they will be proceeding this summer with their development, which ,,viii provide an additional connection to Parr Road (and ultimately Boones Ferry or Brown Street) via Bridlewood Street. I hope these additional materials are helpfial towards the City's review of this application. We look forward to discussing these issues further at the March 22nd City Council meeting. Please feel free to cai1 me if you have any question regarding these additional materials at 452-8003. Sincerely, ALPHA ENGINEERING, iNC. Thomas McConnell, AICP Project Plam~er MEMO TO: FROM: DATE: SUBJECT: Steve Goeckdtz, Community Development~D' ector Frank Tiwad, Public Works Director ~~--~ Apdl 1, 1999 Boones Crossing Project - Input on Public Works Improvements In my memo to you dated October 21, 1998, I expressed concems about the following: 1. Documentation for the second access to the subdivision south of Comstock Subdivision. 2. Sanitary sewer service for Phase II of the project. 3. Property dght documentation to carry storm water from proposed development to Mill Creek to avoid third party conditions and problems. 4. A clear understanding of the city's conditions by the developers so that it does not become a problem at the time of construction. The developer has now addressed issues raised in my October memo and you may want to make the city council aware of the facts outlined below: In regard to the second access, we have been advised that the developer is willing to improve the strip of land south of Comstock Subdivision that could work as a connecting alternative secondary access to the subdivision. This stdp of land is currently used as a gravel road. However, this is not a dedicated public right-of-way and the title to this land is "clouded". It appears that the developer needs some help to have this stdp of land legally converted to public right-of-way so that the connecting road could be built. There are certain conditions outlined in the letter from the developer stating the time frame for the pavement improvement commitment. The proposed subdivision will have two pdmary access points from paved Boones Ferry Road on the west side of development. It would be desirable if the access were from two different roads, however, the gravel portion of Brown Street located on the east side appears to be acceptable to the Woodbum Fire Distdct as an emergency access to the subdivision. Also, another access will become available with the development of the adjoining subdivision to the north. A paved Brown Street is still desirable as a secondary access. o Sanitary sewer service issue: The new proposed deep sanitary sewer line will provide service to all phases of the development. The proposed sewer line is substantially more expensive to the developer, but it greatly enhances service to the area. The cost details are provided in the developer's letter. The proposed improvements are desirable to the city because they eliminate the need for construction of a future pump station. Public Works staff is fully satisfied with the developer's proposal to construct a deep sewer which resolves a major future problem. 100 Page I - Boones Crossing Memo to Comm Dev :IBOON S CROSSING Connectin Street 4 (b) iv / ./ Secondary Connectin! Street 4 (b) i (b) iii Adjoining Street Multi/Co 4 (b) ii Internal Streets 4 (a) Adjoining Street 4 (b) i Adjoining Street Multi/Commercial 4 (b) ii Adjoining Street 4 (b)i VISUAL DEPICTION OF IMPROVEMENT CONDITIONS IE CONDITION 4 OF MEMO 102 Third party concerns related to storm water conveyance: The developer has indicated that the easement is being acquired and a piped storm drain system will be installed from his property to Mill Creek thus removing the third party concerns. The street improvement requirements for Boones Crossing development have been outlined below (also see attached map): ao Improvements Street inside the subdivision - as per adopted transportation system plan (TSP) Street outside the subdivision - i. Adjoining residential portion of subdivision development, conform to TSP for width Developer Responsibility sidewalks on both sides wi standard full width pavement* up to 34' wide a shown on TSP or as approved by council one-side sidewalk w/standard full width pavement* up to 34' wide or as approved by the council Adjoining multi-family and commercial portion of subdivision, conform to TSP for width one-side sidewalk w/standard full width pavement* as indicated on adopted TSP unless modified by the council iii. Not adjoining subdivision - i.e., extended to another connection point as a secondary access, conform to council approved conditions one-side sidewalk w! two traffic lanes, i.e., up to 24' wide pavement* (such as existing gravel portion of Brown Rd connection or as required by council approved conditions) iv Not adjoining subdivision - i.e., extended to another connection point as a primary access, conform to council approved conditions one-side sidewalk w/up to 34' wide pavement* unless modified by the council due to traffic loadings *The added cost of pavement thickness due to structural strength need will be paid by the developer for the widths outlined. Also, the engineering costs for design of full street systems shall be absorbed by the developer. It is recommended that all clarifications and requirements stated above be made part of the city's conditions of approval if city council wishes to approve it. GST:Ig Attachments: Boones Crossing map October 21, 1998 memo City Administrator City Attorney Randy Scott File Page 2 - Boones Crossing Memo to Comm Dev 101 ADDENDUM II BOONES CROSSING REPORT CONDITIONS OF APPROVAL Based on the findings in this report, the Planning Commission recommends Council approval of the applicants request for a 241 lot residential Planned Unit Development subject to the following conditions: PLANNING 1. The conditional use request and variance request are subJect to the approval of the annexation and zone change request. Any subdivision of the parcels shall comply with the applicable zoning ordinances and regulations and any ordinance or regulation adopted under ORS 92.044 that are in effect at the time of approval. 3. The PUD shall be in substantial conformity with the preliminary plan. ., Applicant shall provide for the installation of all franchised utilities and any required easements on the final plat. Street lighting shall also be provided, as per PGE plan schedule "B." The applicant shall provide staff with a final light plan for the proposed development for review by the Planning and Police Departments. A condition of approval is that the applicant shall show compliance with the vision clearance specified in Chapter 8 of the Woodburn Zoning Ordinance. A condition of approval is that the garage shall setback 20 feet from the front property line or 20 feet from the side property line if the side yard is adjacent to a street. A condition of approval is that the applicant shall comply with the single family dwelling driveway standards specified in Chapter 10 of the Woodburn Zoning Ordinance. A condition of approval is that the multi-family units and neighborhood commercial buildings in phase 3 and 4 shall undergo the site plan review process. In addition, staff are requiring that the applicant include the development of the neighborhood park in phase 2 rather than phase 3. The neighborhood park would then b e available to the single family lots within phase 1 and 2 of the Boones Crossing PUD. BOONES CROSSING REPORT 103 10. SCOPE OF USES ALLOWED WITHIN THE NEIGHBORHOOD COMMERCIAl_ AREA "The areas identified in the applicants' site plan, designated for commercial use, shall be restricted to neighborhood commercial uses as set forth below. The neighborhood commercial area shall be primarily oriented to serve the residents of the Boones Crossing PUD. Neighborhood commercial uses are intended to be Iow-impact, pedestrian-oriented businesses. The proximity of these commercial uses to residential uses in the PUD should reduce automobile trips and promote energy conservation. Furthermore, this neighborhood commercial area should not significantly compete with similar uses in other areas of the city. Such uses should be limited to certain types of personal services, retail businesses and professional offices. The standards set forth below will allow the city to control the impacts of such development, while at the same time, provide reasonable flexibility in attracting viable and compatible commercial businesses to support this mixed-use development. Uses within the neighborhood commercial areas identified in this PUD are allowed as follows, subject to site design review: Permitted Uses A. Family Services 1. Pre-schools 2. Day care facilities 3. Nurseries 4. Kindergartens 5. Other family service uses determined by the Planning Director to be similar in nature and impact to the uses set forth above Personal Services with a gross floor area per business of 5,000 square feet or less, including: 1. Barber shops 2. Beauty shops 3. Bank or other financial institutions 4. Laundry and tailor services 5. Pharmacies 6. Real estate offices 7. Other personal services determined by the Planning Director to be similar in nature and impact to the uses set forth BOONES CROSSING REPORT 1 O4 11. 12. above Retail Businesses with a gross floor area per business of 5,000 square feet or less, including: 1. Antique shops 2. Art and photo supply shops 3. Cafes, coffee houses and bakeries 4. Ice cream/candy stores 5. Florists 6. Gift Shops 7. Other retail businesses determined by the Planning Director to be similar in nature and impact to the uses set forth above. Single Family Dwelling above, beside or behind a neighborhood commercial use. II Conditional Use: 1. Grocery Stores/Health Food Stores 2. Video Rental Stores 3. Professional offices for accountants, attorneys, medical, dental or other allied professional offices and clinics, primarily oriented to serve residents of the PUD. III Conditions: (1) Businesses may be open for any period between the hours of 9 a.m. and 7 p.m. (2) Personal services or retail businesses shall not be allowed with more than 5,000 square feet of gross floor area per business. (3) No drive through businesses allowed. (4) All Site Plan Reviews are subject to HOA review prior to submittal to the Planning Commission. (5) That portion of the PUD south of the east/west minor arterial be a base zone of PUD Single Family Residential with the opportunity to come back to the Commission/Council at a later date to determine whether it should be utilized for commercial uses. The applicant shall provide staff with a copy of the final CC & R's (Homeowner's Association) before staff will sign off on the plat. The applicant shall also provide staff with a copy of the recorded CC & R's. The applicant shall incorporate the multi-family complexes and neighborhood commercial area into the CC & R's. BOONES CROSSING REPORT 105 ~a'8133HS/OON1NN¥"Id/L ~0 -; 8;j' :1 H2N '~NI1 ~ 1' 145~'~ I~VIJJ'~ I ,LEi NOI$1A 3~1 ].L¥O 'ON ~m'~m"S~To.o~ ! g.LNE]I~IE]AOEIdi~II 'lVmldVO .-~,-o, ~,,,o.,.,.,,. o,~ ~ DNISSOI::IO S3N008 !,~.,,==. I..l:lkl RRR[ Qb ;17'[ ~C17 /[ ,IP~I RRM ~Mrl'I:;3. RRIIF;\QNITNIklV-IA\['[~-C~C\ 'T O/RO' f'J.33 HS/O0 NINNV'Id/!. !-O-gB['/:1 Z~ NOIS~3~ ':It ¥0 'ON Zn / b ~S / J ! / ! I I ! LI~IKI r--,~l' OT 'bn'~N OT .IPbl rllll J;iMn't?]i::I;:IIIFi\qklTIdH~/-1..4\T[N-~cc 13. 14. 15. 16. 17. 18. 19. 20. 21. The Planning Department staff concur with the Park's Departments evaluation of the applicant's variance request and have as a condition of approval that the applicant comply with the specific conditions required by the Recreation and Park's Department which are listed as follows" Dedication and construction (to Department standards) a three-acre neighborhood park. The park will be open to the public and will serve the PUD and surrounding neighborhood. The neighborhood park will include a design and construction budget of $350,000. Payment of a $161,805 systems development charge to increase capacity of the City's community recreation facilities. All fees shall be paid pdor to construction. Final plan shall conform to the construction plan review procedures and standards. The final construction plan shall include street landscaping and lighting. Street landscaping shall be complete prior to acceptance by the City. Construction shall conform to the City of Woodburn standard specifications and all state building codes. Provide the City with an acceptable bond or contract for improvements as required in the Woodburn Subdivision Standards, Chapter III Section 6 (4) prior to acceptance of the final plat and issuance of a building permit. Prior to any construction, a reproducible mylar of the final plat shall be filed with the Public Works Department after all required signatures have been obtained and the plat has been recorded with Marion County. 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 and park fees in effect at the time of building permit issuance have been paid. All fees shall be paid prior to construction. Upon acceptable completion of all improvements to be maintained by the City, the developer shall provide the City a maintenance bond good for one year, in the amount of 10% of the improvement cost. Pdor to building permit issuance the applicant shall submit one set of reproducible as-builts. BOONES CROSSING REPORT 106 22. 23. 24. 25. Site Plan Review is required for the proposed multi-family units. At such time that site plan review occurs for the proposed multi-family units, the applicant shall comply with Chapter 26 of the Woodburn Zoning Ordinance. Attachment P entitled "Boones Crossing Landscape Master Plan" and Attachment Q entitled "Boones Crossing Open Space, parks, and Street Details" for the landscaping that the applicant is proposing. The applicant is proposing to place street trees along each of the roadways and will work with the Wooburn Parks Department in the design of a 3 acre neighborhood park on the south west side of the subject site. See Attachment E for the Park's Department comments on the proposed neighborhood park. The applicant states that "the homeowners association shall be responsible for the maintenance of all landscaped areas. The hOmeowner's association shall also be responsible for watering, maintaining all landscaped areas, and for replacing dead or dying plant materials. The applicant will assume homeowner's association responsibilities with respect to landscape maintenance during the first year of each phase of construction... The applicant will install a permanent irrigation system under the common landscaped areas. Any other landscaped areas, such as the pedestrian pathway and landscaped medians will be planted with materials that are not dependent upon irrigation." The applicant states that "Polygon Northwest does not propose to install any signage within the single family residential area other than street signs and entry monuments...Prior to construction, Polygon Northwest will provide a concept illustration and preliminary scale drawing of the proposed entry monument signs to staff for review and approval." Prior to building permit issuance comply with comments as submitted by: Public Works Department WasterNVastewater Department Woodburn Fire Department Recreation and Parks Department Building Department Police Department The applicant will be responsible for platting and recording the lot in accordance to the subdivision standards. The final plat must be submitted within one year of tentative approval by the Planning Commission. BOONES CROSSING REPORT 107 SITE PLAN REVIEW BOONES CROSSING Randy Scott Public Works o GENERAL CONDITIONS: 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 easement to be conveyed to the city. The applicant, not the city is responsible for obtaining permits from any state and/or federal agencies which may require approval or permit. This development shall not cause storm water runoff to be impounded on adjacent properties. The subdivision shall be platted in accordance with standard surveying practice, approved and recorded with Marion County. Applicant to provide for the installation of all franchised utilities and shall provide any required easements on the final plat. Street lighting shall also be installed by the applicant as per PGE plan schedule "B". The owner/applicant shall be required to enter into an improvement agreement as outlined in the Woodbum Zoning Ordinance, Chapter III, Section 6 prior to acceptance of the final plat. Also prior to construction of the subdivision commencing the city will require approved construction plans, a performance bond and construction permit fee's paid. All work shall conform to the City of Woodbum Standards and all State Building Codes and regulations. STREET: Boones Ferry Road shall be improved from the south boundary of this development to the existing railroad crossing approximately 150 feet north of this development. This shall be a full street improvement, not half street as indicated in the application. The improvement 108 shall be in conformance with the Transportation System Plan (TSP), Boones Ferry Road is designated as a minor arterial. The railroad crossing on Boones Ferry/Settlemier Avenue is currently being designed by the city and is to be scheduled for improvement. The improvement portion would end approximately 100 south of the existing crossing. Boones Ferry Road is an existing 60-foot wide right-of-way, in accordance with the TSP, an additional 7 feet of fight-of-way and a 1 O-foot wide utility easement shall be dedicated to the city adjacent to this development. The applicant proposes providing 50 feet wide right -of-ways and 28 feet wide improved streets with parking on both sides along the residential streets and 60 feet wide right-of- ways and 38 foot wide improved street with a 10-foot wide landscape boulevard in the center, with no on street parking for the residential collectors. This is acceptable with the addition of 10 foot wide utility easements adjacent to the right-of-way line. The applicant has proposed to provide connector paths and grass crete for emergency access at the end of several dead end streets, and not provide a cul-de-sac for turn around provisions. This will be acceptable if, the turn around/access is acceptable to the Woodbum Fire District, The homeowner's association shall be responsible for the maintenance of area, including the grass crete provided for emergency access. The final design shall make provisions to restrict access for other vehicles except emergency vehicles. Brown Street adjacent to this development; shall be improved in conformance with the Transportation System Plan (TSP). This shall be full street improvement, not a half street improvement as indicated in the application. The proper right-of-way shall also be dedicated. Brown Street not adjacent to this development; if the right-of-way becomes available within a two year period or at the time of the development of Phase two, Brown Street 2 109 o shall improved from the North line of this development to the existing improved portion at Comstock Way. This shall be improved in conformance with the Transportation System Plan (TSP) and shall be full street improvement. The development will be responsible to provide a one-side sidewalk w/two traffic lanes, a 24' wide pavement section. The main east west street in the southem portion of this property shall be improved in accordance with the TSP as a minor arterial, the applicant is proposing that the portion along the South property line of this development be a half street improvement 37 feet wide. This is not acceptable full street improvement will be required, sidewalks would not be required on the South side however. DRAINAGE: The storm sewer system and on-site detention shall comply with the cities Storm Water Management Plan ( working document) and Public Works Storm Water Practices. A hydraulic analysis shall be provided to the city for review and approval. On-site detention facilities shall be maintained by the Homeowners Association. Phase one is proposing to discharge through the existing facilities constructed with the Steklov addition, which will be acceptable. Phase two is proposing to locate a facility in the southern portion of the development, thus discharging to Mill Creek through open drainage way. This will require proper easements for locating the system on private property and future access for maintenance needs be provided. After review of the hydraulic analysis, the use and features of surrotmding area it may be that an open drainage way would not be allowed, but rather a underground pipe system would be required, all thirdparty agreements shall be provided to the City prior to Phase II plat approval. The development shall be subject to wetland regulations, Division of State Lands shall be contacted a proper permits obtained if required. SANITARY SEWER; The applicant is proposing to serve the entire development, al/phases, by installing a deep sanitary sewer main from the Mill Creek interceptor located at the intersection of Brown and Cleveland at his cost, this is acceptable to the city. The entire width of Brown Street, that has been recently paved, will be resurfaced afier patching the sewer trench by the developer. Phased sewer line construction will be allowed, however, the termini of sewer line locations and depths must be such that it is suited for future extensions to 3 110 adjoining areas including the south end of this development. The proposed location of the sanitary sewer extension fi.om Brown Street, through the rear of the lots of the Steklov Subdivision as proposed by the applicant is not the preferred location. The preferred location is within the southerly extension of Brown Street. However, if the right-of-way or easement can not be obtained, the system may be constructed in the location as proposed by the applicant. This will be acceptable only if proper easements are provided to the city, including access to each manhole for future maintenance. ~ If the deep sanitary sewer is not installed in the preferred Brown Street location then the sanitary sewer shall be extended to Brown Street through either Vine Street or Park View Blvd. It shall then be extended to the North and South line of this development at depth to provide for future extensions. Water: The 12" dia. water main shall be extended along Boones Ferry Road and the South Arterial to the east boundary of this development as proposed by the applicant The interior water mains shall be internally looped and shall be sized in accordance with flow and fire protection requirements. The minimum looping requirements outside of the interior mains shall be as per the following. 4 111 A. The interior system shall connect to the proposed 12" dia. main at each proposed street intersection, including the streets providing only emergency access. B. The interior system shall be looped to provide proper fire flow and water quality. Prior to the development of phase two, this system shah be connected to either the existing city main located in Parr Road (Steklov Subdivisions) or the existing main located on Brown Street, near Comstock Way. The water line shall also be installed within Brown Road adjacent to this development, and shall be extended to the North and South Property line. The main shall be sized according to flow requirements, however the minimum size will be 8" diameter. C. The interior system shall be connected to proposed system at the end of Bridlewood Subdivision at the end of Azalea Street. The minimum size shall be 8" in dia. D. The proposed water main serving the cul-de-sac on Pana Street shall be looped to the proposed main in Azalea Street. Fire protection requirements, access, fire hydrant requirements and fire protection issues shall as per the Woodbum Fire Districts conditions of approval. Actual fire hydrant locations and in line valving locations will not be determined until the construction plan review phase. See wastewater/water comments in regard to cross connection requirements. 5 112 DEPARTMENT Waste~,,atcr '¢,'atcr ('()N'I'AC'I'I>I RS;(-}N Naomi I-eieda. PlanmngDepartment I)IiPAR'I'MEN~! COMMENTS Cross connections~ \Vater Department All urUts that put in underground trr~gation systems. swimming pools, hot tubs and fire sprinkler systems xvill be required to install a backfio~ prevenUon assemblies (DC) (Double Check~) The assemblies shall be in.ailed by the water maler next to the property linc ['nless approved by' Pity EnPneers Please see Inspector on Installation Standards 08~-5.~83 WastewaterDepartment No commenl at this time l,any Arendt Industrial Waste Coordinator Cross Connection Inspector 113 WOODBURN FIRE DISTRICT Prevention Division Site Plan Review Comments Memo To: Naomi Tejeda, Asst. Planner City of Woodbum From: Robert Benck Fire Marshal Date: 8-20-98 Facility/Project Nalne: Boones Crossing PUD(Revised) Location: South Boones Ferry Rd. Occupancy Class: R-3/R- 1/M A. Access: 1. Exterior of Facility: 1. Driveable access to within 150 feet of all sides of all structures. 2. Access to park is adequate as long as any structures are within the limits noted in # 1. 3. Proposed 20 foot width on Autumn and Spring Streets meet minimum width requirement for emergency vehicles. Turning radius appear to meet minimum requirement. 2. To Interior of Facility: Information not provided B. Building Exit System: Information not provided 1. Occupant Load: 2. Number of Exits: 3. Exit Hardware: 4. Exit Signage: 5. Emergency Lighting: C. Fire flow/ Water Supply: 1000 gpm for single family residential, minimum 1500 gpm for commercial and multifamily structures. Note: commercial structures could require a higher flow depending on type of construction, size, use and whether they are sprinkled. D. Hydrants: Hydrants spaced at an average maximum distance of 500 feet apart, no structures more than 250 feet from a hydrant. Specific locations to be approved by the City water department and the Fire District. E. SprinMer/FDC: If you wish to pursue narrow streets the Fire District would consider them if all occupancies are sprinkled. Residential building could meet NFPA 13D or approve system. 114 F. Alarm System: As required by housing code G. Premise Identification: Markings and location to meet city standards. The following street names are in conflict and cannot be used. I. Elm 2. Pine 3. Maple 4. Ash 5. Oak 6. Park View 7. Azalea Pana as proposed does not connect to the existing Pana and should not be used. Please submit a list of proposed names so they can be compared to existing names in the regional dispatch area. (Attempting contact on 8-20-98.) H. Special Occupancy Requirements: NA I. Building Size & Limitations/Type of Construction: Within limits J. Fire and Life Safety Review Requirement: NA I<. 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 structures. COMPLIANCE WITH THESE REQUIREMENTS DOES NOT 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. WOODBURN FIRE DISTRICT 1776 Ne~oerg Hvey. Woodburn, OR. 97071 (503) 982-2360 Fax (503) 981.5004 115 Memo to; from: date: subject: Woodburn Recreation and Parks Department Naomi Tejeda, Planning l)epartn~ent -) D. Randall ~¥eslrick, Recreation and l'arks l)irector Iffv~ ,July 13, 1998 (7onditions for Apl)royal - Boones ( tossing I'l D Below are conditions of approval the Recreation and })arks Department requires tbr the above- referenced PUD Designate "main park" as a neighborhood park and increase acreage to at least three acres The developer will reconfigure the surrounding streets to limit streets surrounding the park and provide direct access to the surrounding multiple family housing "Fhe City will waive the requirement for construction of an indoor recreation area and the developer will design and construct the neighborhood park according to neighborhood park standards outlined in the Draft Recreation and Parks Comprehensive Plan The value of the park development will at least equal $350,000 4 The Recreation and Parks Department reserves rights to review and approve all park site plans, construction details and construction plans and specifications The City will provide the developer park design standards that will provide specifications for turf, slopes, concrete paths and courts, plant materials, drainage, irrigation, playground equipment, park amenities and other park development details. The developer's cash-in-lieu fees are calculated according to the following formula: 335 unitsx$483 per unit $161. 805 The Woodburn Recreation and Parks Board reserves the right to recommend to the City Council a name for the park. 116 Ns. Naomi Tejeda City of Woodburn 0 7116198 Page 2 of 2 have found several deficiencies which must be corrected in order to accurately and completely evaluate the impacts of the project. Our general comments follow: The analysis only includes evaluation of the traffic impacts of the project at a projected build-out in 2000. The TPR suggests that a long-term analysis (20 years) is necessary to determine the full range of project impacts and demonstrate that the zone change will not adversely affect the transportation system. ODOT recommends that the TIS be amended to include a 20-year analysis, including identification of project specific mitigation measures. The T~S, in Figure 8, indicates that 40% of the project generated traffic will utilize Highway 214 west of its intersection with Boones Ferry Road/Settlemier Avenue. ODOT recommends that the study area for the 'I'~S be expanded to include the Highway 214 intersections with Evergreen Avenue and the :[-5 northbound and southbound ramp terminals, which this project could significantly affect. As noted above, the City must comply with OAR 660-12-060 by including evidence in the record which indicates that the project will not adversely affect the operation of area transportation facilities. ]:n order to provide that information, ODOT requests that the T~S contained in the application materials be revised to respond to our comments above prior to adoption of the annexation and zone change. The amended 'f]S will document the magnitude of project-related impacts to the area transportation system and describe the mitigation measures necessary to ensure the project will not adversely affect city or state facilities. ODOT staff are prepared to work with the City and applicant in the preparation and review of these recommended revisions. This letter should be included in the hearing record as ODOT testimony. ODOT should be considered a party to the hearing and be entitled to notices to future hearings, or hearing continuances or extensions. Please provide me with a copy of the City's decision, including findings and conditions. Sincerely, ~ricke~ Senior Transportation Planner DLF: c.' Tony Martin, Region 2 June Carlson, Mid-Willamette Valley Area Mark Radabaugh, DLCD 1 20 FROM : RLM CONSULTING SERUICES PHONE NO. : 5033628225 3ui. 02 1998 09:35AM P2 ANNEXATION/ZONE CHANGE/PUD / VARIANCE REVIEW -- COMMENTS REQUEST DATE: 7/16/98 DEPARTMENT: BUILDING DEPT. CONTACT PERSON: Naomi Tejeda, Planning Dept, 982-5246 APPLICANT: Tom McConnell, Alpha Engineering, Inc. TYPE OF PROJECT: The applicant is requesting the annexation of 61.9 acres into the Woodburn City Limits and a zone change of the subject property from Urban TransEion Farm (UTF) to Single Family Residential (RS) . The applicant is also requesting conditional use' approval of a 241 lot planned unit development, including park areas and a neighborhood commercial area. In regard to the conditional use request, the applicant is seeking approval of a variance to the indoor and outdoor requirements within a planned unit development. PROJECT LOCATION: The property is located east of Boones Ferry Road and west of Brown Street. It can be identified specifically on Marion County Assessor Map TSS, 1W, Section 18C, Tax Lots #1100 and #1400. CONFERENCE PLACE: Conference Room #1 Woodburn City Hall DATE: July 17, 1998 DEPARTMENT COMMENTS TIME: 1:30 pm 1. ~a¥ all fees prior to start of const~ction. 2. Obtain ali necessary permits~p~io~ ~®'v~t~rt of construction 3, ADA curb cuts required. 4. All other issues will be resolved st plan re~ie~. 5. Obtain necessary approvals from fire marshall. ~ 6. Site improvements are to be permitted and inspected prior to cover. 117 ANNEXATION/ZONE CHANGE/PUD / VARIANCE REVIEW -- COMMENTS WOODBURN POLICE DEPT. REQUEST DATE: 7/16/98 DEPARTMENT: CONTACT PERSON: Naomi Tejeda, Planning Dept, 982-5246 JUN 2 ~' 19,~ APPLICANT: Tom McConnell, Alpha Engineering, Inc. ULluE P~PT. TYPE OF PROJECT: The applicant is requesting the annexation of 61.9 acres into the Woodburn City Limits and a zone change of the subject property from Urban Transition Farm (UTF) to Single Family Residential (RS] . The applicant is also requesting conditional use approval of a 241 lot planned unit development, including park areas and a neighborhood commercial area. In regard to the conditional use request, the applicant is seeking approval of a variance to the indoor and outdoor requirements within a planned unit development. PROJECT LOCATION: The property is located east of Boones Ferry Road and west of Brown Street. It can be identified specifically on Marion County Assessor Map TSS, lW, Section 18C, Tax Lots #1100 and #1400. CONFERENCE PLACE: Conference Room #1 Woodburn City Hall DATE: July 17, 1998 TIME: 1:30 pm DEPARTMENT COMMENTS D sd)T-- O 118 REC'D C :: on July 16, 1998 Ms. Naomi Tejeda City of Woodburn Planning Department 270 Hontgomery Street Woodburn, OR 97071 JUL 0 1998 WOODBURN COMMUNITY DEVELOPMENT DEPT. DEPARTMENT OF TRANSPORTATION REGION 2 SUB3ECT: Comments on Annexation/Zone Change (Boones Crossing) [:II.E COl)Ii: Thank you for notifying and involving the Oregon Department of Transportation (ODOT) in the land use action identified above. The purpose of this letter is to inform you that ODOT has concerns about this proposed project and its potential impacts to area transportation facilities. The proposed project is an annexation, zone change, and conditional use permit on 61.9 acres located east of Boones Ferry Road. The applicant is proposing these actions for the purpose of constructing a planned unit development consisting of 241 residential lots (230 single family residential lots and 70 apartment units), parks, and a neighborhood commercial center of approximately 10,000 square feet. The property is south of the Boones Ferry Road/Settlemier Avenue intersection with State Highway 214, which provides a direct connection to the I-5 freeway. As this project includes a zone change, it is subject to the requirements of the Transportation Planning Rule (TPR - OAR 660-12) which implements Goal 12 of the Statewide Planning Goals and Guidelines. Specifically, the requirements of OAR 660-12- 060 apply here: 660-12-060 (1) Amendments to functiona/ p/ans, acknowledged comprehensive plans, and land use regulations which significant/)/affect a transportation facility shall assure that allowed/and uses are cons/stent w/th the/dent/fled function, capacity, and level of service of the facility. This may be accomplished by either: (a) L/m/ting allowed land uses to be cons/stent with the planned function, capacity and level of service of the transportation facility; (b) Amending the TSP to provide transportation fac/l/ties adequate to support the proposed land uses consistent with the requirements of this division; or (c) Altering land use designations, dens/t/es, or design requirements to reduce demand for automobile travel and to meet travel needs through other modes. The application package provided to ODOT includes a transportation impact study (-I-~S~ prepared to address the impacts of the project. ODOT staff have reviewed the 'I-IS and~ 119 734-1867 (I-94) © © · 0 0 ~o 0 © o ~ · · · · · · ~,o