Agenda - 03/22/1999 CITY COGHCIL A GEHDA
/ViAl?CH 22, 1999- 7¢OOp. m.
270/Vlontgomery Street ~ ~ Ib'oodburn, Oregon
e
CALL TO ORDER AND FLAG SALUTE
ROLL CAI.L
ANNOUNCRMRNTS AND APPOINTMENTS
March 29, 1999, 7:00 p.m. - Budget Committee workshop at City Hall
PRESENTATIONS/PROCLAMATIONS
A. Certificate of Appreciation
B. Proclamation - Tulip Festival Days, March 20 - April 20, 1999.
COMMrI'FEE REPORTS
A. Chamber of Commerce.
B. Woodburn Downtown Association.
6. COMMUNICATIONS
BUSINESS FROM THE PUBLIC (This allows the public to introdUce items for
Council consideration not already scheduled on the agenda.)
CONSENT AGENDA - Items listed on the consent agenda are considered routine
and may be enacted by one motion. Any item may be removed for discussion at
the request of a Council member.
Approve Council minutes of March 8, 1999 regular and executive meetings. 8_~A
Accept Planning Commission minutes of March 11, 1999. 8__~B
Receive Building Activity Report for February 1999. 8C
PUBLIC HEARINGS
A. Boones Crossing PUD, ~nnexalJon, Zone Change, Conditional Use and
Variance. (continue to April 12, 1999)
B. Heritage Park Subdivision: Annexation, Comprehan.~ive Plan Map,
Zone Change (continue to April 12, 1999)
C
Montebelio Subdivision, Comprehensive Plan Map Amendment
and Zone Change. (Information provided separately)
Page 1 - Agenda, Woodbum City Council of March 22, 1999.
10.
11.
12.
13.
14.
15.
16.
17.
18.
TABLED BUSINESS
GENERAL BUSINESS
Council Bill No.
Arney Rd.
1953 - Ordinance approving vacation of a portion of
Council Bill No. 1954 - Resolution entering into agreoment with Union
Pacific Railroad for installation of fiber optic cable at milepost 735.000.
Council Bill No. 1955 - Resolution entering into agreement with Union
Pacific Railroad for installation of fiber optic cable at milepost 735.070.
Contract award for plangng of Wastewater poplar plantation.
Right-of-Way dedication: Settlemier Avenue allowing placement of
bike. lane/sldewalk.
Property dedication for future pump station site.
PUBLIC COMMENT
NEW BUSINESS
SITE PLAN ACTIONS
A. Spr 99-02 - La Mor~nita Tofilliaria
CITY ADMINISTRATOR'S REPORT
MAYOR AND COUNCIL REPORTS
EXECUTIVE SESSION
ADJOURNMENT
14A
llA
11B
llC
llD
llE
llF
Page 2 - Agenda, Woodburn City Council of March 22, 1999.
CITY OF WOODBURN
970 Montgomew Street · Woodburn, Oregon 97071 · (503) 982-5922
TDD (503) 982-7433 · FAX (503) 989-5244
PROCLAMATION
WOODBURN TULIP FESTIVAL DAYS
March 20 -April 20, 1999
4B
WHEREAS, the Woodburn Tulip Festival spotlights a unique and growing
horticultural industry, and
WHEREAS, the Woodburn Tulip Festival welcomes everyone to viewthe vast acres
of brilliant colored tulips, and
WHEREAS, the Woodbum Tulip Festival fosters a spirit of unification and
cooperation among the diverse groups of the people of the community, and
WHEREAS, the Woodbum Tulip Festival provides fun-filled activities for young and
old alike; activities that were enjoyed by thousands of people last year, and
NOW, THEREFORE, I, Richard Jennings, Mayor of the City of Woodbum do hereby
proclaim
March 20 - April 20, 1999
WOODBURN TULIP FESTIVAL MONTH
in the City of Woodburn and I ask the citizens of the Woodbum area to join me in encouraging
participation and support of this beautiful event that promotes the Woodbum area nationwide.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of
Woodbum to be affixed this of March, 7999.
, . 8A
COUNCIL MEETING MINUTES
MARCH 8, 1999
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, MARCH 8, 1999.
CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding.
0005 ROLLCALL.
Mayor Jennings Present
Councilor Bjelland Present
Councilor Chadwick Present
Councilor Figley Present
Councilor Kilmurray Present
Councilor Pugh Absent
Councilor Sifuentez 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 he had received a telephone call from Councilor Pugh earlier
this evening informing him that he would not be in attendance at the meeting due to a
family emergency.
Mayor Jennings also stated that agenda item 11C would be removed from the agenda
since there is insufficient input from the citizens of the affected area to proceed with the
Council Bill at this time.
0047
ANNOUNCEMENTS.
A) Friends of the Library Book Sale: The Friends of the Library will hold their semi-
annual book sale on March 12 -14, 1999 at the Public Library.
B) United DisposalAnnual Clean-up Day: On March 20, 1999, United Disposal will, at
no charge, accept yard debris and appliances at their N. Front Street recycling location
from city residents.
C) Budget Meeting & Workshop: The Budget Committee will meet on Monday, March
15th, 7:00 p.m., in the City Hall Council Chambers.
Page 1 - Council Meeting Minutes, March 8, 1999
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D) Public Hearings: The City Council will hold public hearings at their March 22"d
meeting on the following planning proposals: 1) Montebello Subdivision -
Comprehensive Plan Map Amendment and Zone Change; and 2) Boones Crossing PUD,
Annexation, Zone Change, Conditional Use, and Variances.
E) Dedication of Warzynski Plaza: On March 17th, Warzynski Plaza, located at First &
Hayes Street, will be dedicated at 6:00 p.m.. Following this dedication, the Livability
Committee awards will be presented at the WDA banquet, 7:00 p.m., at the Woodburn
Elks Lodge.
.0089
PRESENTATION - POPLAR TREE PLANTATION UPDATE.
Public Works Director Tiwari stated that the City is the first in the nation to go through
wastewater treatment for utilizing a poplar tree plantation. The wastewater treatment
plant consists of the following components: 1) facilities upgrade, and 2) the poplar tree
plantation. The plantation is an integral part of the total treatment system and it will
work only if the rest of the system works. CH2M Hill is the consultant for the plantation
and he invited the Council to visit the plantation this summer.
Jim Jardal, CH2M Hill, stated that the poplar plantation is an integrated system dealing
with effluent and biosolids reuse. The next phase of this project is to expand the
plantation by planting poplar trees this spring. The irrigation application system and
biosolids distribution system was completed in February 1999. The next step is an
effluent pump station and bid contracts were awarded last month with construction to
begin next week and completed by May 31st. The third phase is the actual planting of the
trees and bids will be opened later this month. The poplar trees should be planted by
April 16~h. The last phase is a biosolids pump station and application equipment.
Contract documents are currently being reviewed by CH2M Hill and it is anticipated that
a contract will be awarded this summer. The poplar tree demonstration plot was planted
in 1995 and he provided several photographs showing the current size of the trees.
Several other photographs were shown relating to site preparation, pipe distribution
system, and the irrigation system.
Director Tiwari stated that there are two different pipes being installed underground, one
for effluent and the other for liquid biosolids. The planting of the trees is dependent upon
the harvest cycle and, at this time, the plan is to add on 60 acres to the plantation every 5
years but community growth will ultimately determine the number of acres to be added
onto the plantation.
0632
CHAMBER OF COMMERCE REPORT.
Ed Wasco, Chamber of Conunerce Board member, reminded the Council of the
upcoming events:
Page 2 - Council Meeting Minutes, March 8, 1999
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1) On March 11"', 4:30 p.m., Business After Hours will be held at Master Screen
Productions which is located at 310 Broadway; and
2) The Tulip Festival begins March 20"' with numerous activities planned for the month
long festival. The Settlemier House will be open on March 20th for tours between 11:00
am and 4:00 pm which will include art displays and wine tasting. Tulip Festival banners
will be hung the week of March 22"a and the new Tulip Festival T-shirts will soon be
available and sold for $10 at the Chamber office.
0685
WOODBURN DOWNTOWN ASSOCIATION.
Susan King invited the public to attend the Warzynski Plaza dedication ceremonies on
March 17th and to attend the annual WDA banquet and auction following the dedication.
0692
COMMUNICATIONS.
Administrator Brown stated that he had received letters of resignation from Budget
Committee member Barbara Lucas and Planning Commission member Doeke Gerbracht.
0711
Laten Frawley, 1243 Willow Ave., also tendered his resignation from the Woodburn
Planning Commission since he would be moving from the area. He expressed his
appreciation to Dick Pugh for getting him involved as a Planning Commission member.
He stated that the Commissioners go through a lot of paperwork in order to do what is
right for the City within the rules and guidelines established by the County, State, Federal
Government, and City. He reiterated that he had enjoyed the time he has spent on the
Commission.
The Mayor and Council expressed their appreciation to Mr. Frawley for his work on the
Commission.
0807
CONSENT AGENDA.
A) Approval of regular and executive session Council minutes of February 22, 1999;
B) Approval of claims for the month of February 1999;
C) Acceptance of the Library Board minutes of February 24, 1999;
D) Acceptance of the Planning Commission minutes of February 11, 1999;
E) Acceptance of the Human Rights Commission minutes of January 7, 1999;
F) Receipt of the Police Activity Report for January 1999;
G) Receipt of the Building Activity Report for February 1999; and
H) Receipt of letter from Mayor Jennings concerning the City's comments on the 2000-
2003 Statewide Transportation Improvement Program (STIP).
Councilor Bjelland questioned the new residence value as shown on the February 1997
through February 1999 report.
Director Goeckritz stated that a number of permits have been issued for manufactured
homes which have a value less than stick-built homes. Since there is no value listed in
Page 3 - Council Meeting Minutes, March 8, 1999
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February 1998 or February 1999 under the line item entitled Manufactured Homes, he
would make applicable corrections to the report.
FIGLEY/KILMURRAY... consent agenda be approved as presented. The motion
passed unanimously.
0888 CONTINUATION OF PUBLIC HEARING: HERITAGE PARK SUBDIVISION -
0914
ANNEXATION, COMPREHENSIVE PLAN MAP, ZONE CHANGE.
Mayor Jennings continued the public hearing at 7:31 p.m.. He informed the Council that
the applicant has requested that this hearing be continued until March 22"d.
FIGLEY/BJELLAND... public heating on Heritage Park Subdivision be continued to
March 22, 1999 at 7:00 p.m.. The motion passed unanimously.
PUBLIC HEARING - VACATION OF A PORTION OF ARNEY ROAD.
1224
Mayor Jennings opened the public heating at 7:32 p.m..
Public Works Director Tiwari presented the staff report. He stated that the subject
property is located north of the Hershberger property and within the property deeded to
Woodburn Company Stores. The roadway currently has a 90 degree turn which needs to
be straightened out prior to the influx of traffic to the factory outlet stores. All of the
properties in the affected area have been notified of this heating as required by state
statute. After the roadway is vacated, a new road will be constructed based on the
concept provided by the Public Works Department. Staff recommends that the Council
authorize staff to draft an ordinance approving the vacation of the property.
Frank Flynn, attorney representing Craig Realty Group - Woodburn LLC (Woodburn
Company Stores), stated that the new roadway will provide safer road conditions and it
will also serve as an access road to the development. The property owner has given his
consent to the vacation and the notice provisions outlined in the state statute has been
met. He reminded the Council that the street vacation and construction of a replacement
street is a condition of approval imposed by the City. It was also noted that the east/west
portion of Amey Road located within the County will be re-named as provided for in the
Conditions of Approval.
There were no comments from the audience on the proposed vacation of property.
Mayor Jennings closed the public hearing at 7:40 p.m..
FIGLEY/SIFUENTEZ .... instruct staff to prepare an ordinance vacating a portion of
Amey Road described in the material and subject to the conditions outlined in Randy
Scott's memo dated March 2, 1999. The motion passed unanimously.
COUNCIL BILL 1951 - RF. SOLUTION DIRECTING CITY ENGINEER TO
PREPARE ENGINEERING REPORT FOR SIDEWALK IMPROVEMENTS ON
THE EAST SIDE OF E. HARDCASTLE FROM HWY. 99E TO HERITAGE AVE.
Councilor Chadwick introduced Council Bill 1951. The bill was read by title only since
Page 4 - Council Meeting Minutes, March 8, 1999
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there were no objections from the Council. On roll call vote for final passage, the bill
passed unanimously. Mayor Jennings declared Council Bill 1951 duly passed.
1300 COUNCIL BILL 1952 - RESOLUTION DIRECTING CITY ENGINEER TO
PREPARE ENGINEERING REPORT FOR STREET IMPROVEMENTS TO
BOONE~q FERRY ROAD NORTH OF HWY. 214 AND COUNTRY CLUB ROAD
1338
EAST OF BOONES FERRY RD.
Council Bill 1952 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 bill passed unanimously. Mayor Jennings declared Council Bill 1952
duly passed.
FOLLOW-UP DISCUSSION FROM THE MARCH 1, 1999 WORKSHOP.
Administrator Brown stated that the request from CCRLS was more focused that what
was discussed in the workshop. The CCRLS Equity Task Force report recommended the
submittal of a CCRLS local option operating levy as a means of creating more equity in
how much is paid by rural taxpayers versus City taxpayers for library services. The City
has already implemented a fee for users who live outside of the City which goes toward
recovering some of the costs for services. He stated that the benefit of the district is the
equity situation but the drawback is giving up some level of local control and creating
another level of government. The Equity Task Force recommendations will get the level
of funding the Council is looking for but create a double taxation problem. A memo
from Library Director Sprauer was distributed to the Council which reflects the feelings
of the Library Board. Of the three members currently on the Board, two of the members
are in favor of additional investigation towards the district approach while the third
member is satisfied with the existing tax structure and fees imposed by the City. Other
areas considering districts are Salem, Newberg, and Stayton. It was noted that the Mt.
Angel Library Director does not feel that they would have an interest in joining
Woodburn as part of a district.
Councilor Figley stated that she does have concerns regarding the district concept in that
there is no guarantee that the service level would remain as it is now offered. She stated
that city residents do pay more for library services and she is not convinced that the local
operating levy will solve anything. She had no problem with the Task Force exploring
the interest of residents in the unincorporated area for library services but she did not
want to take any action that would reduce the current level of service.
Councilor Sifuentez agreed with Councilor Figley and stated that the issue needs more
study.
Councilor Kilmurray stated that she is concerned about the lack of control and potential
decrease in library services. She did not object to further study on this issue but no other
commitments be made at this time.
Page 5 - Council Meeting Minutes, March 8, 1999
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Councilor Bjelland expressed his opinion that the City should explore the district option
if only to ascertain the economics of forming the district. He stated that there is probably
a significant tax base in the rural area which can be used to maintain the level of services
at a reduced cost to the taxpayers of the City. He was not overly concerned about the loss
of control and felt that Woodburn would be able to drive the process.
Mayor Jennings feels that our Library is the best for a community our size and he agreed
that the City should continue to explore the district option. He also stated that he was
surprised that Mt. Angel was not interested in joining Woodburn in a district venture.
1690
CITY ADMINISTRATOR'S REPORT.
Status Update on Highway 214 Widening Proposal Meetings:
Public Works Manager Rohman reviewed staff work completed to date on a Highway
214 Alternative Analysis and stated that focus group meetings were held in December
1998 to obtain comments from the public on this draft report. The State began the
biennial Statewide Transportation Improvement Program process during that same time
period and Council direction to staff in December 1998 was to promote a project on the
STIP that would work towards widening of Hwy. 214 from the northbound I-5 off ramp
to Boones Ferry Road. As part of the Woodburn Company Stores conditions of
approval, Highway 214 would have two west bound lanes east of the northbound ramp.
ODOT suggested the placement of a median in that from the I-5 ramp to Lawson Avenue
which has been opposed by the business owners. It has been the City's position to
continue to push for widening of Hwy. 214. The business owners have formed a group
called the Concerned Business Owners of Hwy. 214 (CB0 214) and they have presented a
list of what they consider is their position on the widening of the roadway. Staff has
reviewed the list and provided a response to some of those positions. At the STIP public
meeting in Salem last Thursday, it was the City's position to continue to push for a
widening project to Boones Ferry Rd.. The consultant is still working on the Alternative
Analysis and it is anticipated that the report will be completed later this summer. The
Concerned Business Owners are mainly concerned with the roadway from the I-5 ramp to
Oregon Way. ODOT will begin next month on an Interchange Management Study
(refinement study) which will be completed over the next 9 to 15 months. Marion
County will be doing a Rural Interchange Alternative study and it is the intent of ODOT
and Marion County to work at those projects concurrently to save time and money.
Administrator Brown referred the Council to the STIP letter included in the consent
agenda and the CBO 214 proposal. He requested that the Council give staff some
acknowledgment that staff is moving in the right direction in talking to the State about
offering some level of city funding that will be substantial enough to make this project a
reality. He requested that the Council give staff direction on 1) a waiver or relaxation of
development fees associated with any relocations that may be required as part of the
highway widening, and 2) a waiver or relaxation of landscaping requirements also
Page 6 - Council Meeting Minutes, March 8, 1999
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COUNCIL MEETING MINUTES
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associated with the widening. He also requested Council direction as to whether or not he
should proceed with working with our legislative delegation to try and get this project to
move forward.
Mayor Jennings commended CBO 214 for their proposal. He stated that the City needs to
commit a substantial amount of money in order to get the State's attention and the right-
of-way donations by the business owners will add to the money the City can contribute to
the project. He reminded the Council that the Administrator is looking for permission to
move forward to try and get some action from ODOT on this project.
Tom Mann, 3355 Walnut Way, Silverton, thanked the staff for their willingness to attend
their meetings and work with them on this issue. He stated that CBO 214 is frustrated
with ODOT since they are improving interchanges all around Woodbum and yet ODOT
still does not recognize the need to improve the Woodbum interchange and Hwy. 214.
He also stated that CBO 214 is against the median concept. The business owners are
willing to donate land which is about 50% of the cost of the highway improvement. They
have had two meetings with ODOT and he feels that, with the cooperation and
coordination of CBO 214 and the City, something will be accomplished. He requested
that the there be a good understanding and line of communication between CBO 214 and
the City to fix this problem. CBO 214 is committed to work the political process to find
the money through the federal and state legislative process.
Councilor Bjelland expressed his opinion that the City push forward with haste and he
strongly urged the City to contribute this project.
Mayor Jennings requested that CBO 214 partner with the City to push towards
improvements to Boones Ferry since there will still be backup of traffic with the signal at
Country Club/Oregon Way.
Councilor Figley expressed her desire to have 5 lanes on Highway 214 and suggested that
funds be budgeted for in the 1999-2000 city budget for the City's role in this project.
Administrator Brown stated that this project will be identified in the Capital Improvement
Plan.
Councilor Bjelland stated that he was aware of an effort to get a National Scenic
Designation Route which would include Woodburn and this is one of seven that has
passed and there is only one barrier left to obtain the designation. If that is accomplished,
they will get the designation which may aide in getting ODOT to recognize that this is an
important stretch of highway that needs to be improved.
MAYOR AND COUNCIL REPORTS.
Councilor Sifuentez stated that she and Councilor Chadwick had attended the Leadership
Development for North Marion County Cities seminar last Saturday. She stated that a
strong Council will work as a team to accomplish the work they set out to do and she is
proud of this Council's teamwork.
Page 7 - Council Meeting Minutes, March 8, 1999
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Councilor Chadwick stated that this seminar focused on leadership and communication
skills and, for her, it was a good program to attend.
2880
EXECUTIVE SESSION.
Mayor Jennings stated that, due to the absence of our Attorney at this meeting, item
17(D) will not be discussed.
FIGLEY/CHADWICK... move into executive session under the ORS 192.660(1)(d),
ORS 192.660)(1)(e); and ORS 192.660(1)(f). The motion passed unanimously.
The Council adjourned to executive session at 8:25 p.m. and reconvened the meeting at
9:27 p.m..
2944 Mayor Jennings stated that no action would be taken by the Council on items discussed in
executive session.
Administrator Brown requested that he be given a 6-month evaluation on his performance
at the next meeting in an executive session. It was the consensus of the Council to
comply with his request, however, it will be held over to the first meeting in April.
3041
ADJOURNMENT.
FIGLEY/KIL~Y... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:30 p.m..
APPROVED
RICHARD JENNINGS, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 8 - Council Meeting Minutes, March 8, 1999
Executive Session
COUNCIL MEETING MINUTES
March 8, 1999
8A
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, MARCH 8, 1999.
CONVENED. The Council met in executive session at 8:30 p.m. with Mayor Jennings presiding.
ROLL CALL.
Mayor Jennings Present
Councilor Bjelland Present
Councilor Chadwick Present
Councilor Figley Present
Councilor Kilmurray Present
Councilor Pugh Absent
Councilor Sifuentez Present
Mayor Jennings reminded the Councilors and staff that information discussed in executive session is
not to be discussed with the public.
Staff Present: City Administrator Brown, City Recorder Tennant, Public Works Director Tiwari (8:30
pm to 8:41 pm), Police Chief (8:52 pm to 9:26 pm)
The executive session was called under the authority of:
1) ORS 192.660(1)(e) to conduct deliberations with persons designated by the governing body to
negotiate real property transactions;
2) ORS 192.660(1)(d) to conduct deliberations with persons designated by the governing body to
carry on labor negotiations; and
3) ORS 192.660(1)(f) to consider records that are exempt by law from public inspection.
ADJOURNMENT.
The executive session adjourned at 9:26 p.m..
APPROVED
RICHARD JENNINGS, MAYOR
ATYEST
Mary Tennant, Recorder
City of Woodbum, Oregon
Page I - Council Executive Session Minutes, February 8, 1999
WOODBURN PLANNING COMMISSION
March t 1, 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.~. Leffer of Resignation I Doeke Gerbracht and Laten Frawley
Staff 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 Change 98-06 from RS Single Family Residential to CR Commercial
Retail; Applicant, John Konovalov
Chairperson Young 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.
Planning Commission Meeting - March 11, 1999 Pag'e 1 of 8
8B
Questions
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 aan appropriate solid waft abutting the residential use for security 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 shaft utilize aft 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 f. on the Al's Fruit & Shrubs property.
Planning Commission Meeting - March 11, 1999 Pag'e 2 of 8
8B
Commissioner Cox requested that Staff provide a detailed map in the future or that the
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 Frawle¥ 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.
Planning Commission Meeting - March I1, 1999 Page 3 of 8
Chairperson Young changed the order of the agenda to bdng item #8 Reports to follow
the public hearing.
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 Highland, 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 dght away.
Chairperson Young 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 Woodbum Downtown Association had stated their
Planning Commission Meeting - March 11, 1999 Page 4 of 8
position regarding the application? He also asked if the applicant agreed to the
conditions?
Staff stated that he met with the Downtown Association and that they approved the
application with Staffs 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 Staffs 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 "assign a higher pdodty to petitions for areas that comply with listed criteria and
lower priodty those that do not comply with listed criteria."
Commissioner Cox pointed to page 1, 2"d 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 "guarantee" should be included.
Commissioner Cox also referred to Residential /Community Service item, page 1, 4th
8B
Planning Commission Meeting - March I1, 1999 Page 5 of 8
asterisk down and commented that according to the Staff Report there is already a 16 year
inventory of residential land in the City which in tum 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 cladfy 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, 3rd 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 home. 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
2r~ asterisk of page 1.
8B
Planning Commission Meeting - March 11, 1999
Page 6 of 8
8B
Chairperson Youn,q referred to page 3, item 2.2 Policy: Mandatory Pre-Application Meeting,
1" 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 PUD'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 VVoodburn 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 VVoodburn?
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 gdps with the
transportation issue.
Commissioner Gerbracht pointed to page 9, item 5.3 and inquired about buildable land for
Commercial use.
Planning Commission Meeting - March 11, 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 headng 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 Frawley moved to adjourn the meeting. Commissioner Gerbracht seconded
the motion and carried. Meeting adjourned at 9:15pm.
8B
Planning Commission Meeting - March 11, 1999 Page 8 of 8
Community
Development
270 Montgomery Street
Woodburn, Oregon 97071
MEMORANDUM
(503) 982-5246
Date:
To:
From:
Subject:
March 3, 1999
Steve Goeckritz, Community Development Director
Robert L. Mendenhall, Building Official
Building Activity for February 1999 - REVISED
February 1997 February 1998 February 1999
Dollar Dollar Dollar
No. Amount No. Amount No. Amount
New Residence Value 6 $656,389 9 $880,268 11 $1,030,568
Multi Family 0 $0 0 $0 0 $0
Residential Adds & Alts 5 $28,211 6 $90,607 5 $128,400
Industrial 0 $0 0 $0 0 $0
Commercial Value 3 $240,000 6 $484,893 0 $0
Signs, Fences, Driveways 2 $1,940 9 $26,987 2 $1,150
Manufactured Homes 4 $155,000 0 $0 0 $0
TOTALS 20 $1,081,540 30 $1,482,755 17 $1,160,118
July 1 - June 30
Fiscal Year To Date $25,961,992 $39,505,929 $23,294,438
RLM:nd
Bldg~activity February 99
couscm BmL No. 1953
ORDINANCE NO.
AN ORDINANCE VACATING A CERTAIN PORTION OF ARNEY ROAD IN
EXCHANGE FOR THE REDEDICATION OF A REALIGNED RIGHT-OF-WAY AND
DECLARING AN EMERGENCY.
WHEREAS, abutting proper~ owners have submitted a petition requesting the City
Council to vacate a certain portion of Amey Road in exchange for realigned dedicated right-of-
way; and
WHEREAS, Resolution No. 1526 fixed the time, place a date ora public hearing to hear
the petition on whether that certain portion of Arney Road described herein should be vacated;
and
WHEREAS, on March 8, 1999 a public heating was held and the petition was heard on
this question; and
WHEREAS, the City Counc'd has considered the petition, the public testimony, the staff
reports, the need for the proposed street vacation, and the public interest here'm; and
WHEREAS, the Woodbum City Council found that the realignment of right-of-way to be
rededicated in exchange for the vacated right-of-way better serves the transportation needs;
NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The tract of real property subject to the street vacation is legally described as
follows:
That portion of County Road No. 511, also known as Arney Road in the North one-half
of Section 12, Township 5 South, Range 2 West of the Willamette Meridian, Marion
County, Oregon, more particularly described as follows:
All of said road lying South of the North line of the William Darst DLC No. 60, and North
of the South line of that tract of land described in volume 340, on page 306 of the Marion
County deed records, and containing 41,797 square feet of land.
A diagram of said tract is attached to this ordinance as Exhibit "A" and, by this reference,
is incorporated herein.
Section 2. The Council finds the petition filed with the city conforms with the
requirements of ORS 271.080. The petition contains the consent of the owners of the majority
which are in favor of the vacation. No oral objections at the public hearing or written objections
Page 1 - COUNCIL BILL NO.
ORDINANCE NO.
llA
have been filed with city for the vacation of right-of-way legally described in Section 1.
Section 3. The Council finds the public interest will not be prejudiced and will be better
served by the vacation of that portion of right-of-way described in Section 1, subject to the
condition in Section 4, Subsection "A", that the right-of-way be realigned and rededicated to the
City of Woodburn.
Section 4. The Council finds that the portion of right-of-way described in Section 1. is
vacated subject to all of the following express conditions:
A replacement 74 foot wide right-of-way with 10 foot wide utility easements each
side is to be rededicate to the city of Woodbum The petitioner shall improve the
street which is designated as a service collector in accordance with current city
standards. The property to conveyed to the city in fee simple title is more
particularly described as follows:
A strip of land located in the North one-half of Section 12, Township 5 South,
Range 2 West of the Willamette Meridian, Marion County Oregon, said strip being
37.00 feet on each side of a centefline more particularly described as follows:
Commencing at the intersection of the Westerly right-of-way line of Interstate 5
with the South line of that tract of land described in Volume 340, on page 306 of
the Marion County deed records; Thence North 89° 20'53" West, along said South
line, a distance of 58.67 feet to the point of Beginning of the strip herein described,
said point being referred to as point "A"; Thence North 20° 10' 40" East, a
distance of 406.99 feet; Thence 125.97 feet along the arc of a 475.00 foot radius
curve concave to the Southeast, through a central angle of 15° 11' 40", said curve
having a chord beating of North 27° 46' 30" East, a distance of 125.60 feet;
Thence North 35° 22' 19" East, a Distance of 724.64 feet; Thence 162.59 feet
along the arc of a 475.00 foot radius curve concave to the Southeast, through a
central angle of 19° 36' 43", said curve having a chord bearing of North 45° 10'
41" East a distance of 161.80 feet; Thence North 54° 59' 03" East, a distance of
263.00 feet to the point of terminus of the strip herein described, said point being
on the South right-of-way line of Arney Road, also known as County Road No.
511. The sidelines of said strip being subject to lengthening and/or shortening so as
to terminate upon the proper boundaries, said strip contains 124,555 square feet,
2.859 acres of land more or less.
Together with the following described parcel: A tract of land located in the North
one-half of Section 12, Township 5 South, Range 2 West of the Willamette
Meridian, Marion County Oregon, said strip being 37.00 feet on each side of a
centerline more particularly described as follows:
Commencing at point "A"; Thence North 89° 20' 53~ West, a distance of 36.31
feet to the point of beginning of the tract herein described; Thence South 09° 23'
Page 2 - COUNCIL BILL NO.
ORDINANCE NO.
llA
29' West, a distance of 20.23 feet; Thence North 89° 20' 43' West, a distance of
6.97 feet; Thence North 20° 10' 43" East, a distance of 21.22 feet; Thence South
89° 20' 53" East, a distance of 2.95 feet to the point ofbeginning, said tract
containing 99 square feet, 0.002 acres of land more or less.
A diagram of said tract is attached to this ordinance as Exhibit "B" and, by this
reference, is incorporated here'm.
Bo
The petitioner shall comply with conditions of approval as established by the
Board of Commissioners for Marion County, by board order, transferring
jurisdiction of that portion of Arney Road described in Section 1 to the City of
Woodbum. The Board Order is attached to this ordinance as Exhibit 'C" and, by
this reference, is incorporated herein.
The petitioner shall apply through Marion County for a street name Change and
pay all fees associated with such change for the remainin~ East/West portion of
Amey Road to remain and will presently become a dead end along the North line
of the subject property, as required by Marion County Public Works.
Section 5. The Council hereby accepts the public right-of-way and easements, upon
receipt of a properly signed fee simple title of the property described in Section 4. subsection "A'.
Section 6. Pursuant to ORS 271.150, a certified copy of this ordinance shall be filed with
the Marion County Clerk.
Section 9. This ordinance being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared exist and this ordinance shall take effect
immediately upon p~b.~~d approval by the~o[.~ ~
Approved as to form: ~[ ~
City Attorney Date
APPROVED:
Richard Jennings, Mayor
IIA
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 3 - COUNCIL Bn.I. NO.
ORDINANCE NO.
11A
PORTION OF ARNEY ROAD SUBJECT
TO THE VACATION PROCEEDINGS
· ;;
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ATTACHMENT /'~ l 'IA
Page J of I
PROPOSED AREA SUBJECT
I ~o~ ~a
OF ARNEY ROAD
t
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ATTACHMENT
Page..-L.-- of
11A
BEFORE THE BOARD OF COMMIflSIONERS
FOR MARION COUNTY, OREGON
In the Matter of Transferring Jurisdiction of a )
portion of Amey Road, CRg511 in Section 12, )
Township 5 South, Range 2 West, Willamette )
Meridian, Marion County, Oregon. )
Public Works
Clerk's File # 2023-R
ORDER
-This matter came before the Board of Commissioners at a public hearing conducted on Wednesday,
October 7, 1998; and
IT APPEARING that notice required by ORS 373.270 was provided to all concerned citizens of Marion
County, and that testimony was received from concerned citizens and abutting property owners who
wished to be heard regarding his matter, now therefore
IT IS HF_2RBY ORDER~T) that, the jurisdiction ofthat portion of Amey Road, County Road No. 511,
as described and identified on the a~_~_e_.hed Exhibit "A', subject to the conditions as outlined on the
attached Exhibit ~13", is transferred to the City of Woodbum; and hereby orders' the Department of
Public Works to notify affected agencies; and that copies of this order shall be filed with the Marion
County Clerk.
Dated this~y offS"' ,1998
Marion County Board of Commi~ioners
EXHIBIT "A"
ATTACHMENT ~-'
Page ~ of --0'
IlA
TRANSFER OF JURISDICTION
CITY OF WOODBURN
T5S R2W SEC 12
AREA PROPOSED FOR TRANSFER
LOCATION
2'/97
2~$
ATTACI~MENT
Page of
llA
PORTION OF ARNEY ROAD SUBJECT
TO THE VACATION PROCEEDINGS
ill!
Exhibit 2
/ I
Exhibit'B" llA
ATTACHMENT~.~.__
Page.._¥_ of .5'
DATE:
Woodlmm Company 8totes
We havc ~'vicw~ g~c ~- of Woodlmm'~ lwoposal ~o have g~c County bmnsfcr~on of
of Woodbum.
Should the existing north-sou&portion of the road be used as a private aocess, the
developer shall rcumve a portion of the road north of the proposed patidng lot and
provide a ban~cr at thc end of thc accc~.
rue cu t plan for the connection of thc realigned Arney Road to the exi~ng road on
the nor& cad of the lxoPa'ty matches the existing radius of approximately 80 feet (15
re.nh :~). In accordance with my letter to Mr. Oocctcdtz, Community 13z~lopmeat
~'"~'~~ Il , ~ ~ '~d- ~:~.oz~ ,~.o.zov~ ,~n.aoo~ Il I~ I"~ I[/~~'~'~ [ ' ~
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Exhibit 4
I!B-C
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through City Administrator
Public Works Program Manager/~///~'
Agreements with Union Pacific Railroad for Wireline
Installation of Fiber Optic Cable
March 17, 1999
Crossing for
RECOMMENDATION: Approve the two attached resolutions which enter into
agreements with Union Pacific Railroad Company to allow city fiber optic cable to
cross Union Pacific railroad tracks in two locations to connect city hall to the public
works shop facility.
BACKGROUND: The City as part of its program to implement a new phone system
and a wide area network for the city has connected the library, aquatic center and the
annex building to city hall with fiber optic cabling. The last section will be to connect
to the public works shop facility. A contract has already been awarded to provide the
cable installation. The installation was delayed because approval was required from
Union Pacific Railroad to cross their tracks in two locations as annotated on the
attached drawing.
Union Pacific has now provided the two wireline crossing agreements that are
required before the city can install the fiber optic cable between city hall and the shop
facility. Staff recommends that the resolutions be approved for the city to enter into
the wireline crossing agreements with Union Pacific.
\ /
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/
/
/
/ /
/ /
/ /
/ /
/
/
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COUNCIL BILL NO. 1954
RESOLUTION NO.
A RESOLUTION ENTERING INTO A WIRELINE CROSSING AGREEMENT WITH UNION
PACIFIC RAILROAD COMPANY TO ALLOW FIBER OPTIC CABLE CROSSING AT MILEPOST
735.000 AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT.
WHEREAS, to connect the Public Works Shop facility to City Hall with fiber optic
cable for network and telephone connection to city systems a wireline crossing of the
Union Pacific railroad tracks must be made, and
WHEREAS, the city requested that Union Pacific allow the city to make a fiber optic
wireline crossing of Union Pacific railroad tracks at milepost 735.000, and
WHEREAS, Union Pacific has approved the proposed crossing and has provided a
wireline crossing agreement to allow requested fiber optic wireline crossing; NOW
THEREFORE
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the city enter into a wireline crossing agreement, which is affixed
as Attachment 'A" and by this reference incorporated herein, with the Union Pacific
Railroad Company to allow a fiber optic cable crossing at milepost 735.000.
Section 2. That the Mayor is authorized to sign said agreement on behalf of the
city.
Approved as to form~:~ '~'~/~~~) ~'-- ) (0 -- ¢~ ¢)
City Attorney Date
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, Recorder
City of Woodbum, Oregon
APPROVED:
Richard Jennings, Mayor
P~el-
COUNCIL BILL NO.
RESOLUTION NO.
11B
WLX.DOC 940204
Form Approved, AVP-Law
WIRELINE CROSSING
AGREEMENT
Mile Post: 735.000, Brooklyn Subdivision
Location: Woodbum, Marion County, Oregon
Folder No: 00823-91
THIS AGREEMENT is made and entered into as of March 8, 1999, by and between UNION
PACIFIC RAILROAD COMPANY, a Delaware corporation, (hereinafter the "Licensor") and CITY
OF WOODBURN, an Oregon municipal corporation, to be addressed at 270 Montgomery Street,
Woodbum, Oregon 97071 (hereinafter the "Licensee").
IT IS MUTUALLY AGREED BY AND BETWEEN TIlE PARTIES HERETO AS
FOLLOWS:
Article I. LICENSE FEE
Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time license fee
of TWO THOUSAND TWO HUNDRED SIXTY DOLLARS ($2,260.00).
Article II. ADMINISTRATIVE HANDLING CHARGE
The Licensee agrees to pay to the Licensor an administrative handling charge in the amount of
FIVE HUNDRED DOLLARS ($500.00) for clerical, administrative and handling expense in connection
with processing this Agreement.
Article III. LICENSOR GRANTS RIGHT.
In consideration of the License Fee to be paid by the Licensee and in further consideration of the
covenants and agreements herein contained to be by the Licensee kept, observed and performed, the
Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to
maintain and operate
one overhead fiber optic wireline crossing only
(hereinafter the "Wireline") in the location shown and in conformity with the dimensions and
specifications indicated on the attached print dated March 2, 1999, marked Exhibit "A". Under no
circumstances shall Licensee modify the use of the Wireline for a purpose other than the above-
mentioned, and said Wireline shall not be used for any other use, whether such use is currently
technologically possible, or whether such use may come into existence during the life of this Agreement.
Article IV. CONSTRUCTION, MAINTENANCE AND OPERATION.
The grant of right herein made to the Licensee is subject to each and all of the terms, provisions,
conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached.
Article V. IF WORK IS TO BE PERFORMED BY CONTRACTOR.
If a contractor is to do any of the work performed on the Wireline (including initial construction
and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its
contractor to execute the Licensor's form Contractor's Right of Entry Agreement. Licensee acknowledges
receipt of a copy of the Contractor's Right of Entry Agreement and understands its terms, provisions, and
requirements, and will inform its contractor of the need to execute the Agreement. Under no
circumstances will Licensee's contractor be allowed onto Licensor's premises without first executing the
Contractor's Right of Entry Agreement.
liB
Article VI. TERM.
This Agreement shall take effect as of the date first herein written and shall continue in full force
and effect until terminated as herein provided.
Article VII. SPECIAL PROVISIONS.
None.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date first herein written.
UNION PACIFIC RAILROAD COMPANY
By:
Contracts Representative
WITNESS
CITY OF WOODBURN
X By.
Title
OVERHEAD WIRELINE CROSSING
( X h /f s0vo so
~ ~/t~/ NCNO SCALE FJLLtD,,~ IN TO PROCESS THIS APPLICATION. ~'s
[ FT. lll~4'l FT. tilE ~TE 21 I
__ __ f~,~-m~
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21 UINIa 255' ~ 24' A~ T~OF-~IL ~R~E ~I~O, R~ TO WIR~I~ ~~T,
3~ UINI~ 4' ~E ~i~0 ~VE SISAL A~ JlUTi~ LIN~ REF~ TO WIR~LI~ CL~R~CE ~ART.
41 ~ES ~T BE L~A~ ~' ~T Ffl~ OF ~ ~I~ B~ ~ ~ING ~ CTC SIDI~A~ H~VY T~E
~1 ~G~S OF ~E ~TAG~ ~ ~ ~LL BE L~D A ~INI~ DISTANCE ~ OF ~ T~CK E~AL TO THE HEIGHT
· l ~E(S) ( i~l~ STE~ ~) ~T BE L~TEO A MINI~ DIST~E ~ ~ SISAL A~ ~IGATI~ LI~ E~AL TO THE HEIGHT
TI ~E L~TI~ ~dAC~T TO i~Y TR~S ~T ~ AT L~ST I0' ~RA~E F~ ~ OF ~ ~ ~ AT
RIO~ ~ IF L~ATEO ADdAC~ TO ~VE T~C~ ~ SAID ~E ~T ~ I~R~B AT A ~TE ~ I-I1~' PER DEG~E
Bi P~ LI~ ~T ~ L~T~ A MINI~ ~ ~' F~ ~ ~ OF A~ ~IL~ ~!~ ~ ~' FR~ ~ A~ ~V~T.
~) ~L~E FIX~ ~dECTS 1~ B~LS OF ~I~ ~ ~ R~ ~SI~S · ~H~ VI~TS I GI~ ROAD N~), ~ ~ ~V~T~
Al IS WIR~IN[ ~I~ WITHIN ~I~T~ STREET ? y~ ~ ~ ,,~ s.~
Gl IF ~ ~ S~EET
CI ~ II.[LIE ~Sl~ ~ ~BISI~ X rl~ ~TI~ UN~ PAC I F lC flAI LROAD CO.
~l ~T~E TO BE ~IEB ~0 ~ ~ ~ ~ IIR~ J
~t ts T~ UINi~ ~ B~m ll~ FEET.
Gl WILL A~ i~ ~ ~ ~ ~ ~ISTI~ ~E~ OVERHEAD WIR~INE CROSSI~G~
HI WILL A~ l~ BE ~ TO ~l~'S ~~ ~..,.,~ ~ ~ j~O il
il ~T T~E ~ F~ILI~ IILL LINE ~ S~[~CITY TePE rq. a . :,
~ TO ~ ~. tt~U ~ f~_~/~ tiff FILE N OAT
WLY,.EXB
llB
Section 1. ~ATION AND SUBORDINATION OF RIGHTS GRAN'll~.
renew, use, operate, change, modify or relocate mflro~l tmc~ signal, corer-m/catkin, fiber optics, or other wirei/nes.
plpel/nes and other fcs:/l/ties upon. along or ~ any or all parts of its property, all or any of which may be freely done
at any time or times by the Licensor witboui liability to ~ Licensee or to any other party for compensation or ~s.
b) The foregoing grant is also subject to all ouistanding superior rights (includir~ those in favor of licensees and
Lessees of the Licensor~ property, and others) and the right of ~ Licensor to renew arid exiend ll~ same. and ia made
withoui covenant of title or for quiet enjoyment.
Section Z
(~)NSTHUCllON. MAINTENANCE AND OPEP~TION.
Wireline shall be constructed, operated, mainiain~ repaired, renewed, modified and/or recons~ by the Llce~
in strict conforml~ with the Specifications prescribed in the current issue of tho National ]~-trical Safe~ Code of tim
Jecler~ sia~o o~ municipalkn~ or regulatio~ su~reqtiremfmta shall govq2m on all points of conflict, but in all other respects
the Specificat~' ns sbau apply.
c) If the Wirelino is an existing one not conforming in its construction to the abov~ provisions of this Section Z the
Licensee shall within nino~ (90) ~ after ~ date hereof, reconain2ct it so as to conform therewith.
all requ/~menta of law and of public auflx~ty, whetl~r federal, state or local, includ~ but not limited to aviation
auihorities.
e) h the operal/on of the W'=eline, the Lioem~ dx~ not trammit electric current ai a d/flerence of ~ ~ ~s
d the ~ile ~ o~ Ezhl/iA. If the ~oltage indicated is in excess of se~n haxtred fifty (750) ~olts, arid the Wire~
is, or is to be, buded al any location on the property of the Lioensor outside track ~t ~ or ~ ~ ~
sh=llinstallmetallic cxmdui~ or nor, metallic conduit encased in a minimum of three (3) inch~ of concrete with a minimum
of tour (4) f.~./d 9wund cover the e~-,~,e length o/the W'aaline orl the property of the Licensor. A Wlreline buri~ by rem~e~l
o/the soil shall have, at a depth of one (l) foot benecflh the sudc~ce of ~ ~ ~ ~ ~ ~, a ~ (6) ~h
wide wc=ning tape bearing the w~dng, 'Danger4'Iigh Volt~e,' or equivalent wording. A ltr=eline encased in conduit,
maintained at the expense d ~ Licensee, at each edge of the l,icensor~ property. The Licensee sl.~l not utilize the algas
In lieu of the warning tape where portions of the coning are ~ by direct budaL
Sect/on 3. NOTICE OF CIDMMt~CEM]/24T OF WOP, IC
qMx.~b Pap I d'4 ExJg~ B
%~'LY.- EXB 98~112
liB
Section 4.
LICENSEE TO BEAR ~ EXPENSE
The Licensee shall bear ~ entire cost and expense inctn'red in connection with the construction, maintenc~ce,
repair and renewal and any and all modificatior~ revision, relocation, removul or reconstruction of the Wireline, including
any and ali expense which may be incurred by the Licensor in co~on therewith for supervision or inspection, or
other~se.
Section 5.
REINFORCEMENT. RELOCAI~ON OR REMOVAL OF WIB~-tN]:t.
a) The license l~rein granted is subject to the needs and requirements of the Licensor in the operation of its railroad
and in the improvement crud use of its proper~y, and tl~ Licensee si'~ll, at the sole expense of the Licensee, reinforce or
encase the Wireline (if it is an underground facility) to the satisfaction of the Licensor, or move all or any portion of the
Wireline to such new location, as the Licensor may designate, whenever in the furtherance of its needs and requirements,
the Licensor shall find such action necessary or desirable.
b) All the terms, conditions ~ stipulations herein expressed with reference to the Wireline on property of the Licensor
in the location hereinbefore described shall, so fa~ as the Wireline remains on the property, apply to the Wireline as
modified, changed or relocated within the contemplation of this section.
S~ction 6. ~
In the operation and maintenance of the Wireline the Licensee shall take all suitable precaution to prevent any
interference ~ fr~uction, le~'-, .t,.e of electrkn'ty, or otherwise) with the operation of ~ sign~ communication lines or other
installations or facilities of tl~ Licensor or of its tenants; and if, at cmy time, the operation or maintenance of the Wireline
results in any electrostatic effects which the Licensor deems undesirable or l'~,~ul, or causes interference with the
operation of the signal, communication lines or other installations or facilities, as now ez~sting or which may hereafter be
provided by the Licensor ar~Uor its tencmts, the Licensee shall, at the sole expense of the Licensee, immediately tr~ke such
action as may be necessary to eliminate such interference.
Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
a) Fg~er optic ~ systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is
of ex~en~ importnnce since cmy h'eak could disrupt service to users resulting in business interruption and loss of revenue
and profits. Licensee shall telephone the Licensor at 1-800-336-9193 (a 24-heur number) to determine ff fiber optic cable is
buried anywhere on the Licensor% premises to be used by the Licensee. If it is, Licensee will telephone the
telecommunications companyfies) involved, arrange for a cable locator, make arrcmgements for relocation or other
protection of ~ fiber optic cable, all at Licensee's expense, and will commence no work on the right of way until all such
protection or relocation ~ been c~o~mplished. Licensee ~/ndemnify and hold the Licensor 1,~u ~uless from and against
all costs, lial:~'ty arid expense whatsoever (including, without limitation` attorneys' fees, court costs and expenses) arising
out of or caused in any way by Licensee% failure to comply with the provisions of this paragraph.
b) In addition to other indemnity provisions in this Agreement, tl~ Licensee shall indemnify and hold tl~ Licensor
h~.less from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court
costs and expenses) caused by the negfigence of the Licensee, its contractor, agents crud/or employees, resulting in (1) any
~ to or des~n of any telecommunications system on Licensor~ property, and/or (2) any injury to or death of ~ny
person employed by or on bel'~lf of cmy telecommunications company, and/or its contractor, agents and/or employees, on
Licensor% property, e=:ept if such costs, liability or expenses c~e caused solely by the direct active ne~gligence of the
Licensor. Lk:ensee further agrees that it shall not have or seek recourse against Licensor for any claim or cause of action
for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company
using Licensor% property or a customer or user of services of the fiber optic cable on Licensor's property.
Section 8.
CLAIMS AND LIENS FOR LABOR AND MATERIAL
a) The Licensee shall fully pay for all materiah ~oined or afl/xed to and labor performed upon property of ~ Licensor
in connection with ~ construction maintencmce, repair, renewal, mod~'cation or reconstruction of the Wireline, and shall
not permit or suffer any mechcmic% or materialman% lien of any kind or nature to be enforced against the property for any
work done or materials furnished thereon at the instcmce or request or on behalf of the Licensee. The Licensee shall
wlx.~b ~ 2 ~4 axhib~ B
~-t.X. EXB 9g0112
F~nn A~.oved, AVP-Law
liB
indemr~/and hold h~u~less the Licensor against and from any caxt all liens, clc~ns, demands, costa and expenses of
whatsce~r nature in any way connected with or growing out of such work done, labor performed, or materials furnished.
b) The Licensee shall promptly pay or discharge all taxes, charges and a-~sessment~ levied upon. in respect to, or
on account of the V~reline, to prevent the same from becoming a charge or lien upon property of the L/censor, and so that
the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the
location, constnL-~ion or mainter~'x:e of the Wireline or any improvement, appliance or fixture co~ed therewith placed
upon sut'h property, or on account of the Licensee% interest therein. Where such tc~ charge or assessment may not be
separately ~ or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then
the Licensee shall pay to the L/censor an equitable proportion of such taxes determined by the wlue of the I..icensee%
property upon property of the Licensor as comp~ed with the entire ,,~flue of such property.
Section 9. RESTORATION OF LICENSOR'S PROPERTY.
in the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any manner move
or disturb any of the other property of the Licensor in connection with tl~ construction, maintencmce, repair, renewc~
moS~catior~ reconstruction, relocation or remo~xl of the Wireline, then in that event the Licensee shall as soon as possible
and at Licensee's sole expense, restore such fence and other property to the same condition as the same were in before
such fence was taken down or such other property w~s moved or disturbed, and ~ Licensee shall indemnify crud hold
h~,~s the Licensor, its officers, agents and employees, against and from any crud all liability, loss, damages, penalties.
~. de~, costs and expenses of wl'~Lsoe~r nof~'e, incl~ court costs cmcl attorneys' fees, wh/ch may result from
injury to or death of persons whomsoever, or damage to or loss or destrur-~don of proper~y whats~r, when such ~,
clec~h. ~, loss or destruction grows ou~ of or arises from the tr~r~g down of any fence or the moving or disturbance
of any other property of the Licensor.
Section 10. ~EMNITY.
a) As used in this Section. 'Licensor' includes other railroad compcmies using the Licensor's property at or ne~ the
location of the Licensee~ installation and their officers, agents, and employees; q..nss' includes loss, dcanage, claims,
demands, actions, causes of action, penalties, costs, and expenses of whc~r nature, including court costs and
attornoy~' fees, which may result from: a) ir~ry to or clec~ of persons w~rnsoever (including the L/censors officers, agents,
and employees, the Licensee% officem, agents, and employees, as well as any other person); and/or b) damage to or loss
or clestruc~n of property whatsoever (including Licensee% property, damage to the roadbed, tracks, equipment, or other
property of the Licensor, or property in its care or custody).
b) As a major inducement and in consideration of the license and permission herein granted, the Licensee agrees
to indemnify and l~ld h~ u.less tl~ Licensor from any Loss which is due to or arises from:
The prosecution of any work contemplated by this Agreement including the installation, construction.
mainte~, repair, renewal, modification, reconstruction, relocation, or removal of the Wireline or any
pcn-t thereof; or
The presence, operation, or use of the Wireline or electric current conducted thereon or escaping
e~cept to the extent that the Loss is caused by the sole and direct negligence of the Licensor.
Section 11. REMOVAL OF WIB~ JNE UPON TERMINATION OF AGBI~:'.MENT.
Prior to the termination of this Agreement howsoever, the Licensee shall at Licensee% sole expense, remove the
Wirel/ne from the property of the Lice~r and restore such property to as good a cor~lition as it was in before the Wireline
w~ origina~ constructe~ all to the satisfaction of the Licensor. If the Licensee f~l~ to do the foregoing, the Licensor may
perform tl~ work of remov~ and restoration at the expense of tl~ Licensee. The Licensor shall not be liable to the Licensee
for any damage sustained by the Licensee as a result of tl~ remov~:fl of the V~'L,'eline by the Licensor as in this section
provided, nor shall such action prejudice or impair any right of action for damages or otherwise that the Licensor may, at
the time of such removal, have against the Licensee.
~ 980112
am. liB
Section 12. WAIVEI~ OF BREACH.
The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept,
observed and performed by ~ Licensee ~ in no w~ impair the rigbl of the Licensor to ~ itself of any remedy for any
subsequent breach thereof.
Section 13. ~]~L~.
a) H the Licemee cloes not use the right herein granted or the W/reline for one (1) year, or if the Licensee conlinues
in default in the performance of any covenant or agreemenl herein contained for a period of thirty (30) days after written
notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option~ forthwith immediately
terminate this Agreement by written notice.
b) In addition to the provisions of subparagraph a) above, this Acjreemenl may be terminated by written notice g/ven
by either party hereto to the other on any date in such notice stated, not less, however, than thirty (30) days subsequent to
the date upon which such notice shall be g/ver~
c) Notice of default and notice of termination may be serve~ personally upon the Licensee or by m,~li~cj to the last
known ~ddress of the Licensee. Te~n of this Agreement for any reason shall not affect any of the rights or obligations
of the parties hereto which may have accrued, or liability, accrued or otherwise, which may have arisen prior thereto.
Section 14. AGBK'"~MENT NOT TO BE ASSIGNED.
The Licensee shall not assign tl~ Agreement, in whole or in part, or any rights herein granted, without ~ ~Titten
consent of the Licensor, arid it is agreed that any transfer or assignment or attempted transfer or assignment of this
Agreement or any of tl~ right~ l~rein granted, whether voluntary, by operation of law, or otherwise, witl~ut such consent
in writing, sl'~:dl be absolutely void and, at the option of the Licensor, shall terminate this Agreement.
Section 15. SUC~'F_,SSORS AND ASSIGNS.
Subject to the provi.~o' ns of Sect/on 14 hereof, this Agreement shall be binding upon and inure to the benefit of the
parties hereto, their heirs, executors, administrators, successors and assigns.
wL~.e~b t~ 4 ~4 E, xtm~ B
llC
COUNCIL BILL NO.
RESOLUTION NO.
A RESOLUTION ENTERING INTO A WIRELINE CROSSING AGREEMENT WITH UNION
PACIFIC RAILROAD COMPANY TO ALLOW FIBER OPTIC CABLE CROSSING AT MILEPOST
735.070 AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT.
WHEREAS, to connect the Public Works Shop facility to City Hall with fiber optic
cable for network and telephone connection to city systems a wireline crossing of the
Union Pacific railroad tracks must be made, and
WHEREAS, the city requested that Union Pacific allow the city to make a fiber optic
wireline crossing of Union Pacific railroad tracks at milepost 735.070, and
WHEREAS, Union Pacific has approved the proposed crossing and has provided a
wireline crossing agreement to allow requested fiber optic wireline crossing; NOW
THEREFORE
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the city enter into a wireline crossing agreement, which is affixed
as Attachment "A" and by this reference incorporated herein, with the Union Pacific
Railroad Company to allow a fiber optic cable crossing at milepost 735.070.
Section 2. That the Mayor is authorized to sign said agreement on behalf of the
city.
Approved as to form:~.~~~~ ._~--t (~ -" q~
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, Recorder
City of Woodbum, Oregon
Page I -
COUNCIL BILL NO.
RESOLUTION NO.
llC
WLX.DOC 940204
Form Approved, AVP-Law
WIRELINE CROSSING
AGREEMENT
Mile Post: 735.070, Brooklyn Subdivision
Location: Woodbum, Marion County, Oregon
Folder No: 00823-92
THIS AGREEMENT is made and entered into as of March 8, 1999, by and between UNION
PACIFIC RAII.ROAD COMPANY, a Delaware corporation, (hereinafter the "Licensor") and CITY
OF WOODBURN, an Oregon municipal corporation, to be addressed at 270 Montgomery Street,
Woodburn, Oregon 97071 (hereinafter the "Licensee").
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:
Article I. LICENSE FEE
Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time license fee
of TWO THOUSAND FIVE HUNDRED EIGHTY-FIVE DOLLARS ($2,585.00).
Article II. ADMINISTRATIVE HANDLING CHARGE
The Licensee agrees to pay to the Licensor an administrative handling charge in the amount of
FIVE HUNDRED DOLLARS ($500.00) for clerical, administrative and handling expense in connection
with processing this Agreement.
Article III. LICENSOR GRANTS RIGHT.
In consideration of the License Fee to be paid by the Licensee and in further consideration of the
covenants and agreements herein contained to be by the Licensee kept, observed and performed, the
Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to
maintain and operate
one overhead fiber optic wireline crossing only
(hereinafter the "Wireline") in the location shown and in conformity with the dimensions and
specifications indicated on the attached print dated March 2, 1999, marked Exhibit "A". Under no
circumstances shall Licensee modify the use of the Wireline for a purpose other than the above-
mentioned, and said Wireline shall not be used for any other use, whether such use is currently
technologically possible, or whether such use may come into existence during the life of this Agreement.
Article IV. CONSTRUCTION, MAINTENANCE AND OPERATION.
The grant of right herein made to the Licensee is subject to each and all of the terms, provisions,
conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached.
Article V. IF WORK IS TO BE PERFORMED BY CONTRACTOR.
If a contractor is to do any of the work performed on the Wireline (including initial construction
and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its
contractor to execute the Licensor's form Contractor's Right of Entry Agreement. Licensee acknowledges
receipt of a copy of the Contractor's Right of Entry Agreement and understands its terms, provisions, and
requirements, and will inform its contractor of the need to execute the Agreement. Under no
circumstances will Licensee's contractor be allowed onto Licensor's premises without first executing the
Contractor's Right of Entry Agreement.
llC
Article VI. TERM.
This Agreement shall take effect as of the date first herein written and shall continue in full force
and effect until terminated as herein provided.
Article VII. SPECIAL PROVISIONS.
None.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date first herein written.
UNION PACIFIC RAILROAD COMPANY
By:
Contracts Representative
WITNESS
CITY OF WOODBURN
X By.
Title
?o~ o~-o~< ll~
PLACE ARROW INDICATZNG NORTH / REV. 5-15-,
~.RECTION RELATIVE TO CROSSING / '
OVERHEAD WIRELINE CROSSING
750 VOLTS OR
~ (~ NO SCALE FILLED IN TO PROCESS THIS APPLICATION.
~/
__~ ~ -~ . _ ,, ~ ._
~/~ ~'..i ~- ~. note ~ ~ ~: ~_~ ,see ~te a ~ ~
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It ~L ~IZ~AL O[ST~ TO BE ~ AT R[~T AN~ FR~ ~ ~ T~CK~ EXC~T ~ ~T~'
21 ~INI~ 2~S' ~ 24' A~ T~OF-~[L ~RA~E REOUIREO~ REF~ TO W[REL[~ ~E
~1 ~[NI~ 4' ~E E~IEO A~VE SIGNAL ANO ~ICATI~ LIN~ REF~ TO ~[RELI~ CL~R~CE ~ART.
4t ~ES ~T BE L~O SO' ~T FRei OF ~ ~I~ B~N~ ~ R~NI~ T~ OTC SIDI~A~ H~VY T~AOE
St ~6A~S OF THE ~1AO~ ~ ~ ~ALL BE LOCATEO A alNl~ O[STA~E FRei OF A~ T~CK E~AL TO THE HEIGHT
~ ~E ~ ~LI~ PL~ I0 FEET.
~1 ~E(St I I~1~ $T[~ ~t ~T BE L~TEO A ~[NI~ OISTANCE FR~ ~ SIGNAL A~ ~ICAT[~ LIN~ E~AL TO THE HEIGH1
T) P~E L~TI~ ~dAC~T TO I~TRY TRACKS ~T ~ AT LEAST I0' CL~RA~E FR~ [ OF ~CK ~EN ~AS~ED AT
RI~T ~ IF LOCATEO AOdA~T TO ~VE T~CK, THEN SAID CL~NCE ~ST ~ l~[~O AT A ~TE ~ I-I/2' PER ODORED
91 ~L~A~E FIX~ ~JECTS i~ B~EW~LS OF 8RI~ [ ~ RO~ ~SSI~S I ~H~ VIAD~S IOl~ ROAO N~I~ OR [ ~V~T~
EXH~IT
Al IS WI~LI~ C~ING WITHIN ~I~T~ STREET ? YE~ ~ ~ ,,~ .,,~ ~L ~, - ~ ~, ~,,e ,. ,.,, ~,,
ICJ ~wla~l~ ~Sl~ t~ T~EVISI~F[BER ~tic; UNI~PACI~JF RAILROA~ ~0.
o~
~, ~t~ to ~ ~eo ~e~ ~ o~ wines I [-
~1 WILL A~ ATTARS BE ~ TO ~ ~[STI~
MI WILL ~ A~A~ ~ ~ TO ~IL~'S ~~ _~.
~TOE~. tlmet~/~.d~7~ RE FILE NO
IARWiWO
WI2i. E~ 9g0112
11 C
Section 1. liMITATION AND SUBORDINATION OF RIGHTS GP, AN'I'[~.
renew, use, operate, change, modify or relocate raflrood 'aucks, signal, communtaaiion, fiber optics, or other wirelines,
pipelines and other foalities upon. along or ~=ms any or all parts of its property, all or any of which may be freely' done
at any time or times by the Licensor without liabih'ty to the Licensee or to any other party for compemation or damages.
b) The foregoing grant is also subject to all outstanding superior rights (incl~ those in favor of licensees and
lessees of the Ltcensoris property, and others) and the rigid of ~ Licensor to renew arid exiend the some, and is made
without covenant of title or for quiet enjoyment.
Section 2. CIDNSTRUCTION. MAINTENANCE AND OPEI~TION.
Vfireline slxdl be constructed, operated. ~ repaired, renewed, modified and/or recom~ by the Licensee
in strict conformity with the Specifica~m prescribed in the current issue of the National Dectrical Safety Code of the
Amedccm Nali0acd S~ lrudih~. In the event such S~ confligt in anlr respect with the requirements of any
kxtem], stc~e or murdcipal~ ~ ~ svchrequireme~ shall ~ on ~,n points of cordlict, bui in all other respects
the Specificatiom shall apply.
c) It the Wireline is an existing one not conforming in its construction to the above prov/s/om of this Section Z the
Licensee shall within ninety (90) dalra after ~ date hereof, reconstruct it so as to conform therewith.
all requirements of ]aw and of pubi/c aufl~ority, whether federal, state or local, includ/ng b~ not limited to aviation
aufl~rflies.
e) In the operalion d the W'm~-le, i~ I,icensee ~ not transmit electric current aI a difference of pote~ ~ ~ss
d the ~ii~e ~ ~ml/:zi'~A. ]/the volt~ge ind/cated is in excess of seven ~ fifty (750) volts, and the Wh'~line
is, o~ is to be. buried at ar~~ on the propert~ of the Llcemor ou~ide trac~ baler ~iom or roadb~ the licensee
shall install metallic comtu~ or rgxt-m~tallic conduit encased in a minimum of three (3) inches of concrete with a minimum
c~ four (4) feet of 9rouncl co~r the erdire length of the Wh'eline on the property of the Licensor. A Wh'eline buried by removol
d the soft shall have, at a depth of one (l) foot beneath the surtc~ce of the ground directly above the Wireline, a six (6) inch
wide warning tape bearing ti~ warning, 'Danger-High Voltage," or equivalent wording. A Wireline enccmed in conduit,
mainioined at the expense d the licensee, at each edge of the Ucemor~ property. The Licensee shall not utilize the signs
tn lieu of the warning tape where portiom of the casing are installed by direct buriaL
Section 3. NOTICE OF COMMENCEMENT OF WOP, K.
WLX_ EXB 980112
Fo~m Approved, AVP-L~w 11 C
Section 4. LICENSEE TO BEAR ENTIRE EXPENSE.
The Licensee shall becn' the entire cost crud expense incurred in coition with the construction, maintenance,
repair arrt renewal crud any crud all modification, revision, relocation, removal or reconstruction of the Wirel/ne, including
any and all expense which may be incurred by tho Licensor in cormoction therewith for super, rision or L"mpection. or
otherwise.
Section 5. REINFOR~. RELOCA~ON OR REMOVAL OF WIB~ .tNE.
a) The license herein g'n:mL-=d is subject to the needs and requirements of the Licensor in the operation of its roilro~d
and in the improvement and use of its proper%,, and the Licensee shell at the sole expense of the Licensee, reinforce or
encase the Wirehne (if it is an underground facility) to the satisfaction of the Licensor, or move all or any portion of the
W'u'eline to suzh new location, as the Licensor may designate, whenever in the furtherance of its needs and requirements,
the Licensor shill find such action necessary or desiruble.
b) All the terms, conditions ond stipulations herein expressed with reference to the Wirelino on property of the Licensor
in the location hereinbefore described shall, so far as the Wireline remains on the property, apply to the Wi.reline a~s
modified, changed or relocated within the contemplation of this section_
Section 6. ~
In the operation and mointenance of the Wi,reline the Licensee sh~/l tc~ke all suitable precaution to prevent any
interference (by induction, leakage of electricity, or otherwise) with the operation of the sign~ communication lines or other
installations or facilities of the Licensor or of its tenants; crnd ii at any ~ime, the opercrtion or mamtencmce of the Wireline
results in any electrostatic effects which the Licensor deems undesiruble or hcu.~dul, or causes interference with the
operation of the signal communication lines or other installations or facilities, as now existing or which may herecrfter be
provided by the Licensor crud/or its tenants, the Licensee sholl, at the sole expense of the Licensee, immediately toke such
action as may be necessary to eliminate such interference.
Section 7.
PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
a) F'ff:~r optic cobble systems may be buried on the Licermor's property. Protection of the fiber optic cable systems is
of extreme importcax:e since any brec~ could disrupt service to users resulting in business interruption and loss of revenue
crud profits. Licensee shoB telephone the Licensor at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is
buried anywhere on the L/censor's premises to be used by the Licensee. If it is. Licensee will telephone the
telecommunications company(ms) involved, arrange for a cable locator, make arrangements for relocation or other
protect/on of the fiber optic cable, all crt Licensee's expense, and will commence no work on the right of way until all such
protection or relocation has been accomplished. Lice~ shoJl ~Innify and hold the Licensor l'~u'l~dess from and against
all costs, iia]:~li~ crud expense whatsoever (including, without limitcrSor,., attorneys' fees, court costs and expenses) cn-isincj
out of or caused in any way by Licensee% failure to comply with the provisions of this paru~k
b) In addition to other indemnity provisions in this Agreement. the Licensee shall indemnify crud held the Licensor
hua..less from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court
costs and expenses) caused by the negligence of the Licensee, its contractor, agents and/or employees, resulting in (1) any
dcn'nage to or destnaction of cmy telecommunications system on Licensor% property, and/or (2) any injury to or death of any
person employed by or on behalf of ~ telecommunications company, ancUor its contractor, agents cmddor employees, on
Licensor's property, except if such costs, liability or expenses are caused solely by the direct act/ye negligence of the
Licensor. Lk:ensee further agrees th~ it shall not have or seek recourse against L/censor for any claim or cause of action
for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication compcmy
using L.icensor's property or a customer or user of services of the fiber optic cable on Licensor% property.
Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL
a) The L/censee shall fully pc~ for all materkfls joined or afl.ed to crud labor performed upon property of the Licensor
in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Wireline, and shall
not permit or suffer any mecharhc% or materialman's lien of any kind or nature to be enforced against the property for any
work done or materials furnished thereon crt the instance or request or on behalf of the Licensee. The Licensee shall
wix.~xb P~ 2 of 4 Exhibil B
11 C
Form ,~,vod, AV'P-L~.w
indernnity and hold hu~uless the Licensor against and from any and all liens, claims, demarxis, costs ~ expenses of
~r rx:n'ure in any way connected with or growing out of such work done, labor performed, or materials furnished.
b) The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon. in respect to, or
on account of the Wireline, to prevent the same from becoming a chca'ge or lien upon properly of the Licensor. and so thai
the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the
location, construction or rnainte~ of tim W'meline or any improvement, appliance or ~ connected tl'mrewith placed
upon such property, or on account of the Licensee% interest therein, Where such tax, charge or assessment may not be
sepaz~el7 made or assessed to the Licensee but shall be included in the assessment of the property of tl~ L/censor, then
the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee%
property upon property of the Licensor as compared with the entire value of such property.
Section 9.
RESTORATION OF LICENSOR'S PROPERTY.
In the event the L/censor authorizes the Licensee to take down any fence of the Licensor or in any mcamer move
or disturb any of the other property of the Licensor in connection with the construction, maintenance, repair, renewal.
modification, reconstruction, relocation or re~ of the Wireline, then in t_hat event the Licensee shall, as soon ca possible
and crt Licensee's sole expense, restore such fence and otl'mr property to the same condition as the same were in before
such fence was taken down or such other property ~,,~ moved or disturbed, and the Licensee shall indemnity and hold
harmless the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, penalties,
claims, demands, costs cn'xt expenses of whatsoever nature, including cour~ costs caxi attorneys' fees, which may result from
injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury,
death, dcn'r~ge, loss or destruction grows out of or arises from the taking down of any fence or the moving or disturbance
of any other property of the Licensor.
Section 10. ~EMNITY.
a) As used in this Sect/on. "Licensor' includes other railroad companies using the Licensor% property at or ne~ the
location of the Licensee's installation and their officers, agents, and employees; 'fLOSS' includes loss, damage, claims,
demands, actions, causes of action, penalties, costs, (md expenses of wlx:rtsoever nature, including court costs and
attorneys' fees, which may result from: cD injury to or cleath of persons whomsoever (incl,~llrgg the Licensofs officers, agents,
and employees, the Licensee's officers, agents, and employees, as well as any other person); and/or b) ckunage to or loss
or destruction of property whatsoever (incl,~'ling Licensee's property, damage to the roadbed, tracks, equipment, or other
property of the Licensor, or property in ils care or custody).
b) As a major inducement arid in consideration of the license and permission herein granted, the Licensee agrees
to indemnify and hold hu~ udess the Licensor from any Loss which is due to or arises from:
The prosecution of any work contemplated by this Agreement including the installation, construction,
mainie~, mix:ir, renewal, modification, reconstruction, relocation, or removal of the Wireline or any
part thereof; or
The presence, operation, or use of the Wireline or electric current conducted thereon or escaping
except to the extent that the Loss is caused by the sole (md direct negligence of the Licensor.
Section 11. REMOVAL OF WIB~ ~NE UPON TERMINATION OF AGlqn:3vIENT.
Prior to the termination of this Agreement howsoever, the Licensee shall crt Licensee's sole expense, remove the
W'u'eline from the property of the Licensor and restore such property to as good a condition as it was in before the Wireline
was origirx:flly constructed, afl t~ the satisfaction of the Licensor. It the Licensee fails to do the foregoing, the Licensor may
perform the work of rerno,,~ and restoration at ~ expense of the Licensee. Tho Licensor shall not be liable to the Licensee
for any damage sustained by the Licensee as a result of the removal of the Wireline by the Licensor as in this section
provided, nor shall such action prejudice or impair any right of action for damages or otherwise ~ the Licensor may, at
the time of such removul, have against the Licensee.
wLx. exb P~ge 3 of 4 Exhibit B
~tLX. EXB 980112
Form ~,,~t, AVI'-L~w
Section 12. WAIVER OF BREACH.
The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept,
obser~d and performed by the Licensee shall in no ~ impair the right of the Licensor to ~ itself of any remedy for any
subsequenl breach thereof.
Section 13. ~.
a) If the Licensee does not use the righl herein grcmied or the Wireline for one (1) year, or if the Licensee continues
in default in the performance of cmy covenant or agreement herein contained for a period of thirty (30) days after written
notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately
terminate this Agreement by written notice.
b) [ri addition to tl~ prc~risions of subfx:~ragraph a) above, this Agreement may be terminated by written notice gh~n
by either party hereto to the other on any date in such notice stated, not less, however, than thirty (30) days subsequent to
the date upon which such notice shall be given.
c) Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last
known address of the Licensee. Temm',ntion of this Agreement for ~ reason shall not affect cmy of the rights or obligations
of the parties hereto which may have accrued, or liability, accruecl or otherwise, which may have arisen prior thereto.
Section 14. AG~ NOT TO BE ASSIGNED.
The Licensee shall not assign th~ Agreement, in whole or in part. or ~ny rigbJ, s herein granted, without the written
consent of the Licensor, and it i~ agreed that any trunsfer or assignment or attempted transfer or assignment of this
Agreement or any of the rights herein granted, whother voluntary, by operation of law, or otherwise, without such consent
in writing, shall be ab~olulely void ar~ at the option of the Licensor, shall terminate this Agreement.
Section 15. SUOCESSORS AND ASSIGNS.
Subject to the provisions Of Section 14 hereof, this Agreement shall be binding upon (;md inure to the benefit of the
parties hereto, their heirs, executors, administrators, successors and assigns.
llC
wlx.¢xb P~ 4 ~'4 ~ B
MEMO
TO:
FROM:
DATE:
SUBJECT:
City Council through Public Works Director
Assistant City Engineer ~
March 17, 1999
Contract Award for Poplar Tree Plantation Planting, Bid No. 99-20
Project No. 14773
11D
RECOMMENDATION:
That Oregon Woods, Inc. be awarded the contract in the amount of $29,000 for installation
of poplar trees.
BACKGROUND:
Specifications for planting 60,000 hybrid poplar cuttings were advertised in accordance with
regulations of the State of Oregon and bids were opened on March 17, 1999 with the
following results:
Contractor
Oregon Woods, Inc.
Bryant Construction, Inc.
Engineer's Estimate
Bid Amount
$ 29,000
$ 60,500
$ 30,000
The trees will be planted in the 80 acres comprising the poplar tree plantation at Woodburn
Wastewater Treatment Plant.
GST:Ig
PoplarBktAward3-17
11E
MEMO
To~
From:
Subject:
Date:
City Administrator for Council Action
Randy Scott, CE Tech III, through the Public Works Director
Right-of-Way Dedication, Settlemier Avenue.
March 17, 1999
RECOMMENDATION:
It is being recommended that the City Council accept the attached Right-of-Way as described on
Attachment "C".
~ACKGROUND:
The right-of-way is being conveyed by Mr. and Mrs. Kuznetoffto the city in conjunction with the
Parr Road/Settlemier Avenue Improvement project. The additional 11 feet of right-of-way allows
for the placement of the bikelane/sidewalk.
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 Warranty Deed.
66 99
llE
I
I
I
I
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I
~7
SUBJECT PROPERTY
/
VICINITY MAP
&& 99
PARR ROAD
llE
\ CITY OWNED PROPERTY /
· 7~ ~ // '/
/
~o~ ~ ~ /
:o~ ~ Brandywine
,, / / /
mcso~v/u.~ o~o~ ~o~o
~:~,~.. (so~) ss=-=¢~o
F,~.. ~2-40~8
Prepor~ fo~.
CITY o£
WOOD~UI~
~G, 8OJ.~5J
A 1 1 AL HNIEI 'I i
WA RRAFF['Y DEI.:I
KNOW AIl. MEN BY 'FIIESE PRESENTS. That Tihon ~nd Matrina Kuznetsoff hereinafter called the g~ lie
thc consideration hereinafter slated, to ~antor paid by C[~ OF W~DBURN A Mt INICIPAI. (X)RPORA'F]ON. hcreina
A tra~ of land being a pan ol Lot 6, 8lock 2 of B~ND~INE, a recorded plat in Volume 29, Page 2~ of Marion Coun~ records,
located in the Southwest one~uaaer o~ Se~on
Marion and State of Oregon described as
The Easterly 11 feet of said Lot 6, bein9 ~esierly of and conbgous w~h the Easterly Iol line, also bein9 the Weslerly Right-of-Way
line of Se~lemier Avenue, a ~fool ~de Right-of-Way.
Gun.ins 167 square reel o[ land more or less For roadway purposes
(IF SPACE INSUFFICIENT CONTINUE DESCRIPTION ON RE~RSE SIDE)
To Have and to Hold rne same unto the ssid grantee ~nd graniee's he,rs, successors and asslgfls (o~ever
And sa~d g~antor hereby covenanls ~o and with said granlee and graniee's hellS, successors and assigns, that granlor ~s lawfully
smzed m fee s~mple DY the above granted premises, free from all encumbrances
and thai granio~ will warrant and forever defend the s~id premises and every pari and parcel thereof against the Ia~ul claims and
demands of all persons whomsoeveL except thoseclaim4n9 under the above described en~mbrances
The true and actual consideration paid
~However. the actual consideration consists of or i~cludes other properly or value given or pmmmed which is the
whole/parl of the cons~de[abon (indicalewhlch)'(Thesenlenee beiweenlhesymbols'.l~not apphcable should bedeleled See
ORS93 030 )
In construmgth~sdeed and where the conle~ so requ.es, ihesmguiar mcludeslhe plural and all grammahc~l changes shall be
~mphed iD make the prows~ons hereof apply equally to corporations and to mdiwduals
In Wdness Whereof. ihegrantorhasexecutedihislnstrumenilh~s .~/~.- dayof -.~ -'/ . 1997.
if a co~porale grantoL i~ has caused tis name to be ~l~ed and its seal ~ffixed by a~ officer or other person duly auihoHzed to do so
by order of ds board of d~rectors
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTYDE-
SCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND
USE LAWS AND REGULATIONS BEFORE SIGNING OR ACCEPTING
THIS INSTRUMENT. THE PERSON ACQUIRING FEE TITLE TO THE
PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR
COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES
Accepted by the
Woodburn City Council
on ; 997
City Recorder
STATE OF OREGON, County of /'k] .,.g/,~ / 0/9I )ss.
This instrument/w.~s acknowledged before me on ~j-~.,~. V _~ / , 1997,
by -~/Hc'~ ~,,~
This instrument was acknowledged before me on.. / c --'/ .~ / 1997,
~ KAY L. VESTAL ~ , / d y /~ i
~'¥" COMMISSION N0 025549 ~Nota~ P~blic for Oreoon
~:~!Y COMM~SS~0N.~,~;_~(XPIRES AUG.__ ---~6' 1997 ~, commission exmr~
SPACE RESERVED
FOR
RECORDER'S~ USE
GRANTOR'S NAME AND ADDRESS
GRANTEE'S NAME AND ADDRESS
After recording return Io
NAME. ADDRESS. ZiP
Untd a change ~s requested all tax slalemenls shall be senl to the
following address
NAME, ADDRESS, ZiP
STATE OF OREGON,
County of Marion .~
I certify that the within instru-
ment was received for record on the
day oi 19__
at o'clock__M., and recorded
in book/reel/volume No. ,on
page or as fee/file/instru-
ment/microfilm/reception No
Record of Deeds of said county
Witness my hand and seal of
County affixed
Name Title
By
Deputy
llF
MEMO
To:
From:
Subject:
Date:
City Administrator for Council Action
Randy Scott, CE Tech III, through the Public Works Director%'
Property Dedication, Future Pump Station Site.
March 17, 1999
RECOMMENDATION:
It is being recommended that the City Council accept the attached Conveyance of Property as
described on Attachment "C".
BACKGROUND:
The Property is being conveyed to the City by Hidden Creek Properties L L C., the owners of the
Heritage Park Subdivision and the applicant for the Heritage Meadows Subdivision/Annexation.
The site will be used by the City for a Sanitary Sewer Pump Station. The pump station is
identified on the Capitol Improvement Plan and it would eliminate the existing Vanderbeck Road
lift station and the ~ station serving the Woodburn Senior Estates Mobile Home Park..
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 Warranty Deed.
llF
H~Y,
----I
?S &
VICINITY MAP
I
11F
VANDERBECK ROAD
SUBJECT pROPERTY
-~ EXI$1~ 8' D:I. WA TER MAIN
15
/4
127
6,063 S.F.
~-2""O'~. WATER MAIN
87.21'
:o-
~'~' SI^lIONs.[.
I
/
130 ~
/ /
6,252 S.F. /
, /
/
I
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/
129
6,081 S.F.
/
I
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128
6,019 S.F.
I
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· I
t
I
52.71'
I
!
I
I
t~'
~. 155
t2 8,587 S.F.
,-' I
182
I
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90.12'
/O6
CH = NlO°O3'58"E
% 50.66'
R ='2966.48'
L = 50.66'
A = 00°35'$2''
llF
WARRANTY DEED
KNOW BY ALL MEN THESE PRESENTS, That Hidden Creek Properties L.L,C.,
hereinafter called grantor, convey(s) to the CITY OF WOODBUKN, a municipal
corporation, organized and existing under and by virtue of the laws of the State of
Oregon, all that real property situated in Marion County, State of Oregon, described as
follows:
Commencing at the Northwest comer of Lot 105, Heritage Park Phase 3, as recorded in
the Marion County, Oregon Book of Town Plats in Volume 43, Page 8;
thence N1 l°13'00"E, along the northerly extension of the westerly line of said Lot 105, a
distance of 240.00 feet to the point of beginning;
thence continuing NI l°13'00~E a distance of 40.01 feet to a point;
thence S89°44'00"E a distance of 87.21 feet to a point;
thence southeasterly, along the arc ora 20.00 feet radius curve right (the chord of which
bears S36°29'47"E 32.04 feet,) an are distance of 37.17 feet to a point of reverse
curvature;
thence southwesterly, along the arc of a 1953.24 feet radius curve left (the chord of
which bears S 16°13'29"W 35.15 feet,) an arc distance of35.15 feet to a point;
thence N78°47'00"W a distance of 106.26 feet to the point of beginning.
The above described parcel contains 5,345 square feet of land. All being located in
Section 7, Iownship 5 South, Range 1 West, Willamette Meridian, City of Woodburn,
Marion County, Oregon.
and covenant(s) that grantor is the owner of the above-described property free of all
encumbrances except for the rights contained in a 15 foot drainage easement as recorded
in Marion County Deed Records in Reel 244, Page 1314, and the rights contained in an
easement to Portland General Electric Company Recorded in Volume 427, Page 398 in
the Mar/on County Deed Records ( the exact location unknown), and will warrant and
defend the same against all persons who may lawfully claim the same, except as shown
above.
The true and actual consideration for this transfer is One Dollar and other valuable
consideration.
"This instrument will not allow use of thc property described in this instrument in violation of applicable
land use laws and regulations. Before signing or accepting this insmunent, the person acquiring fee title
to thc prc~nl2,,' should check with the appropriate Cit' or County planning department to x~rify approved
uses and to determine any limits on lawsuits against farming or forest practices as defined in ORS
93.040.'
llF
Datedthis /5'T'*dayof /VJf~(--H , 1999.
STATE OF OREGON )
)
County of Marion )
SS.
This instrument was acknowledged before me on this l ~-t4~ day of
1999, by 1~. (.-~:r. ~OT~fb,ckl j V-~ CTV f2._ ~.~ic.
SUSAN J RYAN
"US,.,C-
COMMISSION NO. 304684
Notary Public for Oregon
My Commission Expires: .. O~ _ l D -- ~ (
APPROVED:
By:
Public Works Department
APPROVED AS TO FORM:
City Attorney
Community
Development
270 Montgomery Street
MEMORANDUM
Woodburn, Oregon 97071
(503) 982-5246
14A
Date:
To:
From:
Subject:
March 19, 1999
Mayor & City Council thru City Administrator
Community Development Director
Site Plan Review 99-02 La Morenita Tortilleria, Inc. located on the corner of
Second and Grant Streets
At their hearing of March 11, 1999 the Planning Commission acknowledged the Planning
Directors approval of the 2,000 square foot expansion of an existing Mexican bakery. The
Woodburn Downtown Association also reviewed the Staff Report earlier on March 9, 1999.
I. APPLICANT:
II.
Steve Hall Construction
340 Crest//35
Sublimity, OR 97385
OWNER:
La Morenita Tortilleria, Inc.
Gilberto and Megal Diaz
NATURE OF APPLICATION:
The applicant is requesting Site Plan Review approval for the addition to the owner's
building located on the corner of Grand and 2nd Street. This building will be used for
making tortillas and other Mexican breads. A portion of the addition will be used for
storage. The new addition will be approximately 2,000 sq. ft. (See applicant's
submittal - Attachment A.)
III. RELEVANT FACTS:
The proposed property is located within the Downtown Design and Conservation
District (DDCD).
The proposed use is similar to a bakery which is a permitted oUtright use in the DDCD.
The site is located on the corner of 2"d and Grant Street. The property is identified as
Lot 1300, Township 5 South, Range 2 West, Section 18BA.
14A
Within the DDCD, all alterations, additions or new development must meet DDCD site
design standards.
IV CONDITIONS OF APPROVAL:
A. The addition will be constructed of split face concrete block.
Bo
Three windows or clear block 3' x 5' shall be installed in the north side
(Grant Street) of the structure as shown in the diagram elevation titled
"North wall view Site Plan 2".
Three windows or clear block 3' x 5' shall be installed in the west side (2"d
Street) of the proposed structure. No vehicular door entrance nor driveway
shall be allowed as shown on the "west wall view Site Plan I"
The existing sidewalk will be replaced along the property frontage and the
curb line planting strip of approximately 4' will be accomplished as shown
in site plan right-of-way improvements.
The south side will contain the vehicular entrance area which is off the
existing alley. No loading or unloading is to take place over any sidewalk
or planting strip right-of-way.
The marquee shall be continued the same width along the north, west side
of the new addition.
G. All conditions must be met prior to occupancy.
SG:nd
TO:
RE:
Woodburn City Council
Capitol Development Subdivision
My name is Bill Coldwell, and I live at 179 S. Columbia Drive, in Senior
Estates, Woodburn. I have been delegated by the 35 residents on the west
side of S. Columbia Drive, and have 100% written authorization, to present
our case to the Woodburn City Council regarding the adjacent 100 ft.
property right of way, known as the Evergreen Right of Way.
We all feel that the status of this property, which is between the proposed
Capitol Development subdivision and the west side of S. Colombia Drive,
Senior Estates, should be addressed before the finalization of zoning is
taken up. Talking with some past city leaders, they thought this issue
should have been addressed some time back, at the Development
Committee level, and then sent to the Planning Commission and City
Council.
We respectfully ask the City Council to consider vacating this said property
so it could go back on the tax roll. ~.h,e.~est 50' of this was dedicated to the
city of Woodburn in the 1960's by"~'Fllooper for a street right of way, and
the east 50' was dedicated by Senior Estates. Since it will not be needed for
a street we request that 50' on the east side be deeded back to Senior
Estates residents, and the 50' to the west be deeded to the developer. I
refer you to the surveyor's certificate for Woodburn Senior Estates No.7.
The property in question is now a primitive walkway for residents of the Paar
Rd. area to get to Walmart, the eateries and other facilities in the area. It is
cluttered with garbage, and most of the residents maintain the property
behind them now at no cost to the city.
It has been brought to our attention that this property is to be made into a
walking and/or bicycle trail. We, as residents having property backing onto
this area, are opposed to that. It would be an expense to the city to build
and maintain it. We understand that the proposed section would be an
open area off of Evergreen extension that would go down to the end on the
south end of the Capitol Development property and the south end of
Columbia. Then they would have to turn around and come b~ck. We feel
that the security of the homes on the west side of Columbia would be in
jeopardy. It would be nice to go back to Norman Rockwell's 40's and 50's,
but that is not the case now. In talking with Capitol Development, we feel
that we can work together on fencing and noise elimination on that strip of
land if it was vacated and deeded back to the present owners of the west
50', and Senior Estates owners on the east 50'.
Thank you for your consideration.
SECTIONS
WOOD,URN SEN OR ESTATES NO,.7
12 & 15, TOWNSHIP 5 SOUTH,RANGE 2_ WEST, W.M. MARION COUNTY, OREGON
SURVEYOR'S CERTIFICATE'
I, WARREN W CLARK. BEING FIRST DULY SWORN , DEPOSE & SAY
~ T~/NCE ~O'21'IO'wII3~,SIFE~TTOAi't.p, ~ *
:: .. ...... -, ~:::,/.-.~
OF' ORI~GON
!UNTY OF' MARION
DEDICATION '
KNOW ALL MEN BY THESE PRESENTS.
STATE OF OREGON
COUNTY. OF MULTNOMAH
STATE OF OREGON
COUNTY OF MARION
,t.LlO OJ,..I. N31~3S'f'J 3~VlUlVUO 8
OPENING STATEMENT FOR LAND USE HEARINGS
REQUIRED BY ORS CHAPTER 197
This is the time set for public hearing in Comprehensive Plan Map Amendment g98-03, Zone Map Amendment
g98-07, and Subdivision Request g98-03 "Montebello Phase I". The nature of the application is a plan and zone map
amendment of two (2) parcels containing approximately 177 acres that reconfigures the land use designations and
creates a 75 lot subdivision. The applicant is Capital Development Company.
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 the Ordinance
Chapter 5
Chapter 6
Chapter 7
Chapter 8
Chapter 9
Chapter 10
Chapter 15
Chapter 16
Chapter 22
Chapter 39
Permits and Enforcement
Planning Commission
Public Hearing
General Standards
Residential Standards
Off Street Parking, Loading and Driveway Standards
Zone Change procedures
Comprehensive Plan Map Amendment
Single Family Residential District
Mandatory Parkland Dedication or Cash in lieu of
2. WOODBURN
3. WOODBURN
4. WOODBURN
5. STATEWIDE
COMPREHENSIVE PLAN
SUBDIVISION STANDARDS
ACCESS MANAGEMENT ORDINANCE & TRANSPORTATION SYSTEM PLAN
PLANNING GOALS
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
Page 2 - Land use statement g98-03, etc
March 22, 1999
(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 heating, 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.
Transcription of Council motion made at meeting of March 22, 1999 re Montebello Subdivision
Figley: I move that the 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. I also move as part of this motion that staff prepare an ordinance to
substantiate our decision.
Pugh: Second
Mayor: You've all heard the motion. Is there any question by staff, developer, as to what Kathy
said? I'm not going to try to repeat all of that .....
Councilor
and this is only dealing with the comprehensive plan change
Figley: Right
Councilor: in phase I
Mayor Jennings: No. If we approve this motion, it does the whole thing in one shot - site plan,
comprehensive plan change, the whole bit, and the zone change - all in one motion.
Councilor: That is okay to do it all at once.
Mayor: Yes.
Mayor: Discussion.
In the staff report it talked about the CC&R's on here and that is something that we had talked
about in the past of...
Mayor: I thought about it at the same time as you did. Councilor Figley, would you accept an
amendment to your motion that the conditions of approval be recorded with Marion County.
Councilor Figley: Certainly.
Mayor: Okay, then would you make the motion.
Councilor Bjelland: I would make that motion.
Councilor Kilmurray: Second.
Mayor: Okay, it's been moved and seconded that the conditions of approval be recorded with
Marion County.
Councilor Bjelland: With CC&R's.
Mayor: No, the conditions of approval. CC&R's we can't enforce anyway. Let me get this open
for discussion. The CC&R's will get recorded, Dick, but homeowners associations enforce those,
we don't, but we can enforce conditions of approval and that's what the Council right now wants
to set and then we will revise the ordinance to take care of everything you're talking about.
Councilor Bjelland: But aren't we saying though that a condition of our approval is to have
CC&R's which will be recorded.
Mayor: Get back to the conditions of approval, yeah.
Councilor Bjelland: I mean that is my intent, to...
Councilor Pugh: Rather than get this thing confused I think maybe we ought to have a second
motion here or were going to get this thing so 8obbered up we won't be able to read it ourselves.
Discussion by several councilors regarding CC&R's
Councilor Figley: Frankly, as maker of the motion, I have no problem with referring to the
CC&R's and/or recording the conditions of approval. In fact, having both recorded in there is
fine, I would expect the one to happen anyway, but to cover the case where it might not for some
reason, it's perfectly appropriate and do think that having conditions of approval recorded has
beneficial side effects.
Councilor Bjelland: I see our City Attorney over there who has...
Mayor: I want to stay on the question. I don't want to garbage this up any further. Right now
the question is do we want to, the amendment to the motion is to record conditions of approval,
and I think I want to stay. with that rather than messing up this amendment with anything else.
Councilor Bjelland: But that was in my wording of the amendment to the motion though was to
require that the CC&R's be recorded as a condition along with the recording of the subdivision
plat so that we are assured ...
Mayor: I know, but you're missing the point of what the Council wants, and we want the
conditions of approval recorded and you have not included the, I, the chair thought you said
"conditions of approval."
2
Councilor Figley: May I offer a solution to that. My proposal is that I will withdraw my original..
Mayor: We can't do that right now. There is an amendment on the floor. The best thing to do is
to vote that baby down and then start all over.
Councilor Bjelland: Or clarify the amendment.
Mayor: Well, but then you've got to do an amendment to the amendment and pretty soon...
Councilor Figiey: It's just as easy for us to defeat both and then make another motion calling for
recording of the CC&R's as an addition to one and then another addendum which is record the
conditions of approval.
Councilor Pugh: Before we hear this and before we vote, if we're going to incorporate CC&R's
as you're concerned, and I have been concerned for some period of time, it' s our intent that we
have those as a condition and that they have a life. I'm sure that we're confusing the hell out of
you and I apologize about that, but we've come across situations where CC&R' s have been
proposed by developers and the developer walks away and they go to pot, they away because
they are not properly filed. So they're no longer legal. We want to stop that. That's a separate
life(?) in my opinion.
Mayor: This discussion is getting completely away from the motion on the floor.
Councilor Pugh: I think it's only fair..
Mayor: I understand that but we can talk about that..
City Attorney: Mr. Mayor, I think it's clear, your concern about recording CC&R' s and
conditions of approval. I guess it sort of hits me a little cold. I know that you talked a little bit
about it but I think that what we really need here, I mean legally, would be a motion in the nature
of Councilor Figiey's first motion to accomplish the land use part of this. Because you're not
going to take a final acfon on this until you have an ordinance with findings and conclusions
anyway, and it might be more reasonable if we had a motion like this than to give that to the
Planning Department and with my assistance the ordinance would be prepared with findings and
conclusions mod~g the conditions as you suggested and then we could, I think we've had
plenty of discussion here and understand where the Council's coming from in terms of CC&R's
and conditions of approval. As I said, I'm not as prepared as I could be on it, but I don't want
the city, I want things to be followed through on. I can understand your concern on that, but
your decision in a planning situation is based on standards and criteria under the ordinance.
CC&R's olden are broader than that. So I want to make it very clear that if as a matter of course,
we are going to start recording those, which I know some jurisdictions do record, and I'm not
saying that that's a bad idea but I just think we need to be dear in terms of what responsibility the
home owners association has versus what responsibility we have in terms of planning conditions.
So I guess that's sort of a long way of saying if got back to the motion on the land use issue, staff
would bring back parameters on recording CC&R's and recording planning conditions. And with
the understanding that you want that done to the degree that you can in this case, starting with
this case, so
Mayor: I understand what you're saying but this Council has decided and we talked to the
Planning Director and he said that we could put the recording the conditions of approval in the
conditions of approval. I'm not talking about CC&R's now. That's a whole different subject.
City Attorney: But we were. That's why I interjected the comment. We were talking about
both. So I mean...
Mayor: I know, but the motions on the floor do not say CC&R's.
Councilor Figley: The one comment I would have is I do think Bob has a point as far as not
confusin~ the two.
Mayor: So, you can go one of two ways. We can start all over, you can defeat this, or you can 8o
with the amendment which is to say that the conditions of approval will be recorded and then go
to the main motion and then come back on CC&_R's which what the City Attorney is telling us is a
separate subject. So, is there anymore discussion. Then I would call for a vote on the
amendment which is to have the conditions of approval recorded at Marion County. All those in
favor signify by saying aye. (All ayes)
Mayor: Okay, that amendment passes. Now we're to the main motion on the conditions of
approval. Is there any further discussion? Hearing none, then I would ask all those in favor of the
motion...
Councilor ?: Individual votes?
Mayor: I don't care. Do you need a roll call? Do you want one?
CounCilor Push: Good idea, please.
Mayor: Then I would ask Mary to call the roll.
Figley Aye
Kilmurray Aye
Bjelland Aye
Sifuentez Aye
Chadwick Aye
Pul~h Aye
4
Comprehensive Plan Map Amendment 98-03
Zone Map Amendment 98-07
Part I
STAFF REPORT
COMPREHENSIVE PLAN MAP AMENDMENT 98-03
ZONE MAP AMENDMENT 98-07
I BACKGROUND
In 1992 Capital Development made application to the City of Woodburn to
annex approximately 177 + acres into it's City limits with concurrent
Comprehensive Plan Land Use designations that rearranged the land use mix of
Commercial, Multi-Family and Single-Family Residential from it's existing pattern on
the 1980 Comprehensive Plan Map as shown on Attachment I, Map I to an
amended version as identified on Map II. By doing so, the 57 + acre commercial
and 31 + acre Multi-Family designated areas would no longer lie adjacent to Single-
Family Residential properties to the east, i.e. Senior Estates.
The reconfiguration, as shown on Map II would then place the Commercial
parcel running parallel to the freeway with the Multi-Family Residential as a buffer
between it and the Single-Family Residential that would now replace that area that
was originally designated for Commercial and Residential uses.
In the hearing held in June 1992, the Planning Commission concurred with
the proposal to rearrange the Land Use designations and recommended the City
Council amend the Comprehensive Plan Map to reflect the Land Use Designations
identified on Attachment I, Map II. In turn, the City Council approved the Planning
Commissions request and annexed the 177 + acre parcel and amended the zoning
from Marion County Urban Transition (UT). The re-designation of the three
proposed Land Use districts was postponed however, when Ordinance #2095
(Attachment III) was passed in October 1992. There were three conditions in
additions to those established in the Staff Report that had an impact on any future
development and are as follows:
1. "Prior to any development of the 173.84 acre parcel the comprehensive map
be amended to generally reflect the applicant's proposed land configuration
(C.P. 92-02).
Assist the City in amending it's 1985 Transportation Plan for the Highway
214, I-5 interchange Parr Road area, prior to dv3elopment, to bring it into
compliance with OAR 660-12-060(1 )(b) regarding adequate transportation
facilities to support proposed land uses.
3. Any reconfiguration of the land use designations maintain the same ratios as
CompPlan Amend98-02, Zone MapAmend9$-07 StfRpt 1
identified on the original comprehensive plan."
Interestingly, at a later date in December 1992, Ordinance #2098
(Attachment IV) was adopted by the City Council after discussion with the Oregon
Department of Transportation (ODOT) which amended condition number 2 to read
as follows:
"Assist the City in amending its 1985 transportation plan for the Highway
214, I-5 Interchange Parr Road area, prior to development, to bring it into
compliance with OAR 660-12-060(1)(b) regarding adequate transportation
facilities to support proposed land uses. No development of the property or
reconfiguration of the land use designations will be permitted until the
transportation plan for this area complies with OAR 660-12-060(1)(b)."
In June 1996 the City Council adopted Ordinance #2170 the "Woodburn
Transportation System Plan" that meets the three conditions established in
Ordinances #2095 and #2098.
The applicant is now requesting the Commission/Council now approve the
application to amend the Comprehensive Plan and Zone Map as identified on
Attachment IV Map III.
II PLAN AMENDMENT CRITERIA
Under Chapter 16 of the Woodburn Zoning Ordinance Section 16.050, the
following criteria must be meet:
(a)
The proposal complies with all applicable Statewide Goals and
Guidelines.
(b)
The proposal complies with the remaining Goals and Policies of the
Comprehensive Plan.
(c)
There is a clearly demonstrated public need for the proposed
amendment.
(d) The proposal best satisfies the public need.
(A) APPLICABLE STATEWIDE PLANNING GOALS
(1) Statewide Planning Goal 2, "Land Use Planning"
FINDING:
CompPlan Amend98-02, Zone MapAmend98-07 StfRpt 2
(2)
(3)
(4)
(5)
This goal requires the City coordinate the application with
affected governmental units during amendments to it's plan. To the
extent that this request constitutes an amendment to the City's
Comprehensive Plan, The City will coordinate with the Oregon
Department of Land Conservation and Development.
Statewide Planning Goal 9, "Economic Development"
FINDING:
Goal 9 requires the City "To provide adequate opportunities...for
a variety of economic activities vital to health, welfare, and prosperity
of Oregon's citizens"
This goal is satisfied, for the proposal calls for the 174 acre
parcel to serve three Land Use designations: Commercial, Multi-Family
Residential, and Single-Family Residential. This land use mix insures
economic diversity.
Statewide Planning Goal 10 "Housing"
FINDING:
Approximately 67.9 acres of the 175 acre parcel would be
designated Single-Family Residential in addition to 32.3 acres being
designated for Multi-Family use. The acreage of these designations
will remain similar to what was originally adopted in 1980 only their
configuration will be changed. Therefore, the amount of land as
originally found to be appropriate when the Comprehensive Plan was
adopted in 1980 will remain similar with this map amendment.
Statewide Goal 11, "Public Services and Facilities"
FINDING:
The goal calls for the orderly and efficient arrangement of public
facilities and services to the site.
The applicants acreage lies adjacent to available water sewer,
storm drains and a street network that can, at the owner's expense,
be extended into his property.
Statewide Goal 12, "Transportation"
CompPlan Amend98-02, Zone MapAmend98-07 StfRpt 3
(6)
(7)
FINDING:
The City, in June 1996, adopted Ordinance//2170 which
implemented the Woodburn Transportation Plan.
Statewide Goal 14, "Urbanization"
FINDING:
The objective of this goal is to insure that an orderly and
efficient transition occurs from rural to urban land uses. The
concerned property lies within the City's urban growth boundary and
was annexed to Woodburn in 1992. The property lies adjacent to
property that has been built out with Commercial, Multi-Family
Residential and Single-Family Residential uses. Any development is an
extension of those land uses within the urban environment.
Statewide Goals 1, 3, 4, 5, 6, 7, 8, 13, and 15-19
FINDING:
These goals are inapplicable, either because the goals physical
characteristics are not present on the site (Goals 4, 5, and 15-19) or
because the resource land (3-4) is unaffected or the substance of the
goal is unaffected (Goal 6, "Air, Water, and Land Quality; Goal 7,
"Disasters and Hazards", Goal I, "Recreation"; and Goal 13, "Energy
Conservation" .)
(b)
The proposal complies with the remaining Goals and Policies of
the Comprehensive Plan.
FINDING:
See Part II Section V
(c) Demonstrate public need for the proposed amendment.
FINDING:
There is a need for the Land Use designation be amended to
reflect the objectives of the Transportation Plan and provide a
transition of development from Iow intensity adjacent to Senior Estates
to a higher intensity of use adjacent to the freeway.
CompPlan Amend98-02, Zone MapAmend98-07 SffRpt 4
(d) Satisfies Public Need
FINDING:
The proposed Land Use Amendment as depicted in Attachment
VI, Map III, allows a land use pattern that best meets the objectives of
the Transportation Plan.
III BURDEN OF PROOF
Under Chapter 16 of the Woodburn Zoning Ordinance, Section
16.050, specific criteria must be given consideration in evaluating an
amendment request.
"(a) To support an amendment to the Comprehensive Plan ,the applicant
shall:
(1) Prove that the original plan was in error;
(2) Show that the community has changed since the original plan was
adopted; or
(3) Show that there has been a change in the planning and growth
policy of the City.
(b) To support a zone change, the applicant shall:
(1)
(2)
Show there is a need for the use proposed;
Show that the particular piece of property in question will best
meet that need.
(c)
A City Council decision on Zone and Comprehensive Map amendments
are "judicial like", in that a decision must consider the evidence and
weigh that evidence against what the Comprehensive Plan directs the
Council to do."
(a) To Support an Amendment
FINDING:
The City's Comprehensive Plan was originally adopted in
1980. Since that time the complexity and growth dynamics of the
City have realized dramatic change. Since 1980 Woodburn's
population has increased by 7,000 +. Just in the last eight years
CompPlan Amend98-02, Zone MapAmend98-07 StfRpt 5
the City's building valuation for new construction has reached over
$206,346,250.00. This has had substantial affect on the City's
residential, Commercial, and Industrial growth patterns and
required the City to assess it's internal street and highway system.
The outcome of that process resulted in the adoption in 1996 of a
City wide Transportation Plan that significantly affected the
applicant's property to the extent that the present plan
designations are not compatible with the City's Transportation
Plan.
(b) To Support a Zone Change
It is not the intent to change the balance of the three
zone designations. The objective is to reconfigure the and use
districts so they:
(1)
Reduce the land use pattern conflict that presently
allows Commercial and Multi-Family uses adjacent
to Senior Estates.
(2)
Allows the Commercial District to be placed parallel
to the freeway and have road frontage on
Evergreen Road and provides higher freeway
visibility.
(3)
By amending the plan and zone districts Single-
Family Residential uses will no longer lie adjacent
to the freeway.
FINDINGS:
(1) Growth has required the City to re-evaluate it's
development pattern.
(2) A transportation plan was adopted in 1996 to
address future growth issues.
(3) Amending the land use pattern provides greater land
use compatibility
(4) Amending the land use pattern removed Commercial
properties away from Single-Family Residential uses.
CompPlan Amend98-02, Zone MapAmend98-07 SttRpt 6
(5)
CONCLUSION:
Amending the Land Use pattern removed Single-
Family development away from the freeway.
The Statewide Goals, Comprehensive Plan Policies and Zoning
Ordinance criteria are met.
RECOMMENDATION:
It is recommended the Planning Commission recommend the City
Council approve the Land Use and Zoning designations as shown in
Attachment VI, Map III.
CONDITIONS OF APPROVAL:
(1)
The Land Use designations as identified in Attachment VI, Map III
be followed.
(2)
The development agreement as recorded on Reel 906, page 496,
as Exhibit I regarding street and infrastructure improvements shall
be followed.
CompPlan Amend98-02, Zone MapAmend98-07 StfRpt 7
Mayor: Okay, what we've done now is approve this and ask for an ordinance to come back and
this motion to file the conditions of approval, for the Council's benefit, is just temporary thing
until we can get an ordinance changed. But we decided we wanted to start it now. So that being,
done, Councilor Bjelland, why don't you bring up CC&R's again under New Business, would you
please, and we'll take care of it there. Unless you want to do it, unless, I don't know that it's, we
voted on the public hearing item, I guess I would yield to the City Attorney. Is it appropriate now
to talk about recording of CC&R's?
City Attorney: ffyou'd like to.
Councilor Bjelland: Well, in previous discussions, we had indicated a problem exists at times with
developers coming in an Proposing CC&R's and no CC&_R's are actually ever recorded and,
therefore, the residents or people who have bought into those subdivisions have, at times,
anticipated certain events occu~g or certain conditions occurring within the subdivision which
did not occur simply because the CC&R's were never recorded. Therefore, I think that if people
submit CC&R's as condition of obtaining approval for a subdivision within the city of Woodburn,
that the Council go on record requiring that those CC&R's be recorded at the same point in time
that the subdivision plat is recorded. So I would fed, I would move that the Council adopt that
as a policy and that we go forward with that policy on any pending subdivisions.
Councilor Pugh: And I'm happy to second it.
Mayor: Okay, the chairs in doubt now. What's your, what the motion
is is to have all CC&R' s recorded. That' s in essence what you're saying.
Councilor Bjelland: Yes.
Mayor: Okay, I just wanted to be sure. And Mr. Donaldson, I want to assure you this not
because of your development, this is because of past development and we' re just taking our steps
now to make sure it never happens again. Is there any discussion on the motion?
Community
Development
270 Montgomery Street
MEMORANDUM
Woodburn, Oregon 97071
(503) 982-524~
Date: March 17, 1999
To: City Council
From:
Planning Commission
Subject:
Comprehensive Plan Map Amendment 98-03, Zone Map Amendment 98-07
and Subdivision Request 98-03 - Montebello Subdivision is located west of
Senior Estates and is planned to be developed by Capital Development
Company of Lacey, Washington
The following staff report is in three parts, Part 1 addresses the applicants request that
the City Council amend the current Comprehensive Plan's Land Use designations shown in
Attachment I, Map I to reflect a reconfiguration as shown on Attachment I Map II. The
rationale for this request is to achieve a greater level of compatibility between land uses and
accommodate the City's Transportation Plan's conceptual street network as shown in
Attachment II.
Part II consists of the applicant's proposal for a two phases single-family residential
development consisting of 147 lots. The first phase will consist of 75 lots the remaining 72
being built out in Phase Two.
Part III is the Planning Commission's Final Order recommending the City Council
approve the applicant's request based on findings and conclusions incorporated in the order
in additions to conditions of approval.
The City Council must first act on Part I of this request which addresses the
Comprehensive Plan Map 98-03 and Zone Map 98-07 Amendment prior to reviewing Part II
which covers the applicant's request for approval of Phase One of the 75 lot subdivision.
The Council may:
1) Approve the Planning Commission's recommendation;
2) Approve the Planning Commission's recommendation with modification to the
conditions of approval;
3) Deny the recommendation of the Planning Commission.
The Council should also instruct Staff to prepare an ordinance to substantiate your
decision.
~. COI~MERCtAL - 57.§ acres
mmm~m
~ MULTI--FAMILY -- .91.8 acres
~._=~b-gNGLE. FAMILY - 87.~ acres
TOTAL ACRES 176.~1: acres
COMMF_.RC~AL -- 57.9 acres
MUL~-FAMILY -- 29.7 acres
~SINGLE FAMILY - 72.0 acres
ARTERIAL STREETS - 17.1 acres
TRADT A -- 0.7 acre~
TorI'AL AC~,~ 177.4:~ acr~
ATTACHMENT I
RT 214
MAP I
214
MAP II
ROAD)
~SEE
INSETS
AND 2
/
_Y
ATTACHMENT II
ENO
MAJOR ARTERIAL
~ MINOR
,. ~. ,, ~ FREE'WAY
STREET CONNECTiOnS
NOTES:
1. INCOMPLETE FUNOING PLAN. NO CONSTRUCTION DATE SCHEDULE
214/2 lg. ANO SOUTH ARTER'tAL IMPROVEMENTS.
2. CONFIGURe'nON FOR I-5 INTERCH,~IC_~ AJ~IO SOUTH ARTERIAL IMPR~,
IN REFINEMENT ~rlJOY.
COUNCIL BILL NO. 1426
ORDINANCE NO. 2095
AN ORDINANCE ANNEXING AND RECLASSIFYING CERTAIN PROPERTY LOCATED
IN THE SOUTH EAST QUADRANT OF THE INTERSTATE 5 SOUTH OF STATE
HIGHWAY 214 FROM 'MARION COUNTY URBAN TRANSITION (UT) ZONE TO CITY
OF WOODBURN SINGLE FAMILY RESIDENTIAL (RS), MULTI-FAMILY RESIDENTIAL
(RM) AND COMMERCIAL GENERAL (CG) DISTRICTS.
WHEREAS, the Woodburn Comprehensive Plan Map has established certain land
uses within the City of Woodburn's Urban Growth Boundary, and
WHEREAS, the Woodburn City Council has reviewed the record in Annexation
Case No. 92-02 and Zone Change Case No. 92-03 and considered the public testimony
previously presented, NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The legal description of the involved real property is as follows:
A parcel of land lying in the A. Dubois Donation Land Claim No. 98, and the M. Lore
Donation Land No. 61, in Sections 12, 13, and 14, Township 5 South, Range 2 West of
the Willamette Meridian, Marion County, Oregon, said parcel being more particularly
described as follows:
Beginning at a 5/8 inch iron rod marking the Southwest corner of the A. Dubois Donation
Land Claim No. 98, in said Township and Range and running thence South 00° 39' 31"
West 530.27 feet to a 1/4 inch iron pipe; thence North 89° 32' 20" West 2110.97 feet to a
point on the Easterly right of way line of Interstate Highway 5; thence along said right of
way line North 35° 53' 54" East 3649.14 feet to a point on the Westerly line of said
Donation Land Claim No. 98; thence along said Donation Land Claim line South 00° 31'
65" West 69.04 feet; thence continuing along said Easterly right of way line North 35° 57'
00" East 246.21 feet; thence South 88° 51' 55" East 1349.22 feet; thence North 00° 40' 55"
East 27.96 feet to a point on the Southerly line of West Hayes Street; thence along said
Southerly line South 88° 51' 55" East 628.17 feet to a point on the Westerly line of
Evergreen Road; thence along said Westerly line South 00° 47' 17" West 2111.00 feet
to a 5/8 inch iron rod; thence North 89° 28' 13" West 2110.60 feet to a point on first said
Westerly line of said Donation Land Claim No. 98; thence along said Westerly line South
00° 31' 55" West 470.58 feet to the point of beginning all in Marion County, Oregon.
Section 2. The real property described in Section 1 of this Ordinance is hereby
annexed to the City of Woodburn.
Page 1 - COUNCIL BILL NO. 1426
ORDINANCE NO. 2095
ATTACHMENT III
Section 3. The zoning designation of said real property is hereby reclassified from
its present designation of Marion County Urban Transition Zone (UT) to the City of
Woodburn Single Family Residential (RS), Multi-family Residential (RM) and Commercial
General (CC) districts.
Section 4. The zoning reclassification is subject to the conditions contained in
Exhibit "A", attached hereto and incorporated herein, that the Council finds reasonable.
Section 5. The annexation, and zoning reclassification of said real property are
based upon the staff report and, specifically, the findings contained in the staff report
which are attached hereto as Exhibit "B" and by this reference incorporated herein.
Section 6. The City Administrator or his designee is hereby directed to correct the
WoodburnApproved as t° f°rm.~ '¢'~~z°ning Map to the classification herein made. /~D~te
City Attorney
APPROVED: ~. .' FRED W. KYSER, MAYOR
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
Attest: /~Q~c~-,¢_~ r~¢
CITY OF WOODBURN, OREGON
October 12, 1992
October 13, 1992
October 13, 1992
October 13, 1992
Page 2 - COUNCIL BILL NO. 1426
ORDINANCE NO. 2095
ATTACHMENT III
EXHIBIT "A"
CONDITIONS OF APPROVAL
Prior to any development of the 173.84 acre parcel the comprehensive map be
amended to generally reflect the applicant's proposed land configuration (C.P.
92-02).
Assist the city in amending its 1985 Transportation Plan for the Highway 214,
I-5 interchange Parr Road area, prior to development, to bring it into compliance
with OAR 660-12-060(1)(b) regarding adequate transportation facilities to
support proposed land uses.
Any reconfiguration of the land use designations maintain the same ratios as
identified on the original comprehensive plan.
ATTACHMENT III
COUNCIL BILL NO. 1443
ORDINANCE NO. 2098
AN ORDINANCE AMENDING THAT SECTION OF ORDINANCE 2095 WHICH
RECLASSIFIED CERTAIN PROPERTY LOCATED IN THE SOUTHEAST QUADRANT OF
INTERSTATE-5, SOUTH OF STATE HIGHWAY :214, FROM MARION COUNTY URBAN
TRANSITION (UT) ZONE TO CITY OF WOODBURN SINGLE FAMILY RESIDENTIAL
(RS), MULTI-FAMILY RESIDENTIAL (RM) AND COMMERCIAL GENERAL (CG)
DISTRICTS AND DECLARING AN EMERGENCY.
WHEREAS, a section of Ordinance 2095 reclassified certain property located
in the southeast quadrant of Interstate-5, south of State Highway 214, from Marion
County Urban Transition (UT) zone to City of Woodburn Single Family Residential
(RS), Multi-Family Residential (RM), and Commercial General (CG) districts, and
WHEREAS, this reclassification was subject to three conditions which were
agreed to by the applicant, Capital Development Company, and
WHEREAS, the Oregon Department of Transportation has proposed a minor
change in one of the conditions, and
WHEREAS, Capital Development Company has agreed to the change in said
condition, NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Condition number two of Ordinance 2095, referenced in Section 4
of Ordinance 2095 and set out in Exhibit "A" of that ordinance, is amended to read
as follows:
Assist the city in amending its 1985 transportation plan for the Highway
214, I-5 Interchange Parr Road area, prior to development, to bring it
into compliance with OAR 660-12-060(1)(b) regarding adequate
transportation facilities to support proposed land uses. No development
of the property or reconfiguration of the land use designations will be
permitted until the transportation plan for this area complies with OAR
660-12-060(1 )(b).
Section 2. The city finds that Capital Development Company has consented
to the amendment of this condition. A copy of the written consent is appended to
this ordinance and, by this reference, incorporated herein.
Page 1 -
COUNCIL BILL NO. 1443
ORDINANCE NO. 2098
ATTACHMENT IV
Section 3. This ordinance being necessary for the immediately preservation of
the public peace, health and safety, an emergency is declared to exist and this
ordinance shall take effect immediately upon passage by the Council and approval by
City Attorney L~ate
APPROVE D: ~_~_~x_~x ~Counc i 1 President
For: -L~n K611ey, r~a-~or
Passed by the Council
Submitted to the Mayor
December 28, 1992
December 30, 1992
December 30, 1992
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: //~, .~(-~r~
Mary Tenna~, City Recorder
City of Woodburn, Oregon
December' 30~ 1992
Page 2 -
COUNCIL BILL NO. 1443
ORDINANCE NO. 2098
ATTACHMENT IV
COUNCIL BILL NO. 1715
ORDINANCE NO. 2170
AN ORDINANCE AMENDING THE WOODBURN COMPREHENSIVE PLAN TO
INCORPORATE THE WOODBURN TRANSPORTATION SYSTEM PLAN; REPEAUNG
THE TRANSPORTATION ELEMENT OF THE EXISTING WOODBURN COMPREHENSIVE
PLAN (TO BE REPLACED THE WOODBURN TRANSPORTATION SYSTEM PLAN);
REPEALING ORDINANCE 1915; AND DECLARING AN EMERGENCY.
WHEREAS, Statewide Planning Goal 12, Transportation, requires that each
Oregon community prepare a transportation plan to address existing and future access
and circulation needs of the community, and
WHEREAS, the Transportation Plan Rule (OAR Chapter 660, Division 12) was
originally adopted by the Land Conservation and Development Commission (LCDC) in
1991 and implements Statewide Planning Goal 12; and
WHEREAS, the City of Woodburn appointed the Transportation Task Force in
~0ctober, 1992 for the purpose of developing a Woodburn Transportation System Plan
(TSP); and
WHEREAS, as a part of this process, the Transportation Task Force, ODOT,
'{arion County, City staff, and interested citizens provided input and guidance in the
;velopment of the Plan, and
WHEREAS, Kittleson and Associates, Inc. was retained by the City to develop
the technical aspects of the Plan; and
WHEREAS, three public open houses were held to insure that the
recommended Plan would reflect the lOcal needs of the citizens of Woodburn, and
WHEREAS, the Planning Commission conducted a public hearing on August
24, 1995 on the Woodburn TSP and recommended City Council approval; and
WHEREAS, the City Council opened a public hearing on October 9, 1995 and
carefully considered the written and oral testimony of ODOT, Marion County, private
developers, interested citizens, and City staff; and
WHEREAS, the City Council closed the public hearing on April 22, 1996; and
WHEREAS, the Woodburn TSP has been thoroughly reviewed by the
Department of Land Conservation and Development (DLCD) and DLCD has suggested
Page I -
COUNCIL BILL NO. 1715
ORDINANCE NO. 2170
ATTACHMENT V
that the City incorporate certain specific language in the TSP's adopting ordinance and
findings; and
WHEREAS, in response to the DLCD review, the CiW declares that it is the
policy of the City of Woodburn to comprehensively evaluate and amend the TSP, as
needed, pursuant to OAR 660-12-030(3)(a) to ensure that the results of the City's
periodic review of the comprehensive plan and land use regulations and interchange
refinement planning are incorporated into the TSP; and
WHEREAS, in further response to the DLCD review, specific findings have been
incorporated into Exhibit "B," attached hereto, that explain and address the need and
necessity for a Refinement Plan pursuant to OAR 660-12-025(3), and
WHEREAS, the City Council finds that the Transportation System Plan adopted
herein complies with OAR 660-12-060(1 )(b) for the affected transportation facilities,
including but limited to the Highway 214/I-5 Interchange/Parr Road area, NOW,
THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The Woodburn Comprehensive Plan is amended to add and
incorporate the Woodburn Transportation System Plan which is attached to this
ordinance as Exhibit "A" and is, by this reference, incorporated herein.
Section 2. That the Transportation Element contained in the existing Woodburn
Comprehensive Plan as adopted by Ordinance 191 5 is repealed; to be replaced by the
Woodburn Transportation System Plan.
Section 3. That Ordinance 1915 is repealed.
Section 4. That this amendment to the Woodburn Comprehensive Plan to add
and incorporate the Woodburn Transportation System Plan is based upon the Findings
and Conclusions attached to this ordinance as Exhibit "B" and which is, by this
reference, incorporated herein.
Section 5. This ordinance being necessary for the immediate preservation of
the public peace, health, and safety, an emergency is declared to exist and this
ordinance shall take effect immediately upon passage by the City Council and approval
by the Mayor.
(o
City Attorney Date
Page 2 - COUNCIL BILL NO. 1715
ORDINANCE NO. 217~0
ATTACHMENT V
APPROVED:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
Mary i~nnant, City RecOrder
City of Woodburn, Oregon
/
June 11~ 1996
June 11~ 1996
June 11~ 1996
Page 3 - COUNCIL BILL NO. 1715
ORDINANCE NO. 2170
ATTACHMENT V
$ OCT47'IT"W 801.87'
1786.96
S 00'47'17"W 2111.00 --
LAN'~:kV STREET
SUBDIVISION 98-03
PART II
STAFF REPORT
SUBDIVISION 98-03
III
IV
APPLICANT:
Wilhelm Engineering Inc.
1 543 N. Pacific Hwy.
Woodburn, OR 97071
OWNER:
Capital Development Company
691 Sleator Kinney Road SE Suite 100
Lacey, Wa. 98503
NATURE OF THE APPLICATION:
The applicant has submitted an application for a subdivision to divide 15.51 acres
into 75 lots in the city of Woodburn. The owners of the subject property have
proposed to name the subdivision "Montebello I" and to build stick-built homes. See
attachment "G" for subdivision map, transportation profiles, and zone designation.
RELEVANT FACTS:
Land area: Approximately 15.51 acres
If the Commission recommends approval and the City Council concurs with the
proposed Comprehensive Plan Map and Zone Map reconfiguration the subject
property will be re-designated Residential on the Comprehensive Plan Map and RS
Single Family Residential on the Zone Map. This allows up to 12 units per acre.
If the Commission were to deny the Comprehensive and Zone Map designations, the
applicant would still be able to develop the subdivision since Single Family Residential
delopment is allowed in a Commercial District.
The applicant's site is within the City Limits, south of W. Hayes Street, south of the
proposed extension of Evergreen Road. The property can be identified specifically
as Tax Lot//200, SS, 2W, Section 13.
The proximity of City services is shown on the enclosed tentative plat of Montebello
I.
SUB 98-03 - Page 1
V
General description of the area:
a) slopes - generally level
b) vegetation - field
c) drainage - see enclosed tentative plat and the comments provided by
the Public Works Department in Attachment A.
d) flood area - there no known flood areas.
e) sewage disposal - see enclosed tentative plat and the comments
provide by the Public Works Department in Attachment A.
f) utilities - see the enclosed tentative plat and the comments provided
by the Public Works Department in Attachment A.
Existing Land Use:
The site is currently vacant. The applicant also has land immediately south
of this site that may be developed as a future single family subdivision
(Montebello II).
RELEVANT APPROVAL CRITERIA:
Ao
Woodburn Comprehensive Plan
A. Residential Land Development Policies
G. Housing Goals and Policies
H. Public Services Goals and Policies
K. Growth and Urbanization Policies
Bo
Woodburn Zoning Ordinance
Chapter 8 General Standards
Chapter 9 Residential Standards
Chapter 10 Off Street Parking, Loading and Driveway Standards
Chapter 22 Single Family Residential District
Chapter 39 Mandatory Parkland Dedication of Cash-in-lieu
C. Woodburn Subdivision Ordinance
D. Woodburn Transportation System Plan
E. Woodburn Access Management Ordinance
Woodburn Comprehensive Plan
A. Residential Land Development Policies
SUB 98-03 - Page 2
A-l,
Residential areas should be designed around a neighborhood.
Neighborhoods should be an identifiable unit bounded by arterial
non-residential uses, or natural features of the terrain. The
neighborhood should have a community facility, such as a
school, park, or privately owned community facility to allow for
interaction within the neighborhood.
STAFF COMMENT: The applicant states that "to the east of the
project, the city has a 100 foot wide strip of land that may be
developed as a greenway/scenic type area which could serve as a
neighborhood meeting place, or an excellent recreational facility."
No specific community facility is being proposed at this time by the
City Council. This linear strip of land could function as a future
pathway connecting eventually to Centennial Park to the south. A
proposed pedestrian accessway for pedestrian and bicycle access to
the city-owned linear strip of land to the east is proposed as a
condition of approval. See Attachment "C" Recreation and Parks
Department proposal.
A-2
Living Environment - Developments in residential area 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.
STAFF COMMENT: The applicant states that the "the developer
proposes to follow existing zoning ordinances." The City's preliminary
and final reviews of the proposed development will help to secure code
compliance through conditions established by the Planning
Commission. 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.
A-3
Development should promote, through the use of moderate
density standards and creative design, a feeling of openess and
spaciousness with sufficient landscaped area and open space to
create a pleasant living environment.
SUB 98-03 - Page 3
STAFF COMMENT: The applicant states that "the layout of the
subdivision has no flag lots. This translates into street frontage for all
lots and continuity of yard location which leads to a neighborhood
atmosphere and an open feeling. Development of the 100 foot strip
as a greenway along the east side of the project may also add to this
theme." The proposed lots range from 6,000 square feet to 11,587
square feet, thus meeting the 6,000 square foot minimum lot size
standard specified in the Woodburn Zoning Ordinance. The applicant
is providing a density of 5.0 lots per acre, thus meeting the less than
12 units maximum per acre standard.
The addition of street trees (proposed as a condition of approval) will
enhance the space and help create a pleasant living environment.
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.
STAFF COMMENT: The applicant has submitted a traffic impact study
prepared by Lancaster Engineering. A further discussion of the traffic
study is included in Section D: Woodburn Transportation System Plan
(page 11) later in this staff report. The applicant states that the
"There is no good reason for excess traffic to travel through this
proposed development because the residential streets within the
development provide efficient transportation to Evergreen Avenue,
which is a major collector."
Two proposed local streets (Harvard Drive and Baylor Drive) will
provide access to the subdivision south of the extended Evergreen
Road. Although these two local streets dead end in phase I, they will
be extended in phase II.
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 neighborhoods.
STAFF COMMENT: The applicant states that" The city does have a
tree ordinance in place. It is intended that the subdivision will comply
with that ordinance."
SUB 98-03 - Page 4
The design of the subdivision will encourage slow-moving traffic by its
short block lengths, frequent street intersections, street curvature, and
narrower widths on internal streets. Additionally, as a condition of
approval, the applicant will be required to prepare and carry out a tree
planting plan in accordance with city requirements.
Non-residential uses should be prevented from locating in
residential neighborhoods. Existing non-conforming uses should
be phased out as soon as possible.
STAFF COMMENT: This policy is not applicable because the site is
planned for and proposed for residential use only.
A-7
Home occupations and combination businesses should be
allowed if the residential character is unaffected by the use. In
the case of home occupations, these can be allowed through
the zoning ordinances.
STAFF COMMENT: The City of Woodburn is responsible for regulating
the allowance of home occupations within residential areas through the
implementation of the Zoning Ordinance.
A-8
High traffic generating non-residential uses should not be
located in such a manner as to increase traffic flows on
residential streets or residential collectors.
A-9
Industrial and commercial uses which locate adjacent to
residential areas should buffer their use by screening and design
control, and should be controlled with sufficient setback so as
their location will not adversely affect the residential area.
STAFF COMMENT: The subdivision is for single family residential
development. The properties to the south, north and west are planned
for residential use in the proposed reconfigured Comprehensive Plan
and Zone Maps. Therefore, no non-residential uses will impact this
development.
If the proposed Comprehensive Plan and Zone Maps are amended, the
future commercial use planned to the northwest (on parcel 3) will be
buffered from the subdivision by Evergreen Road, setbacks, and
landscaping.
A-10 High density residential areas should be located so as to
minimize the possible deleterious effects on adjacent Iow
SUB 98-03 - Page 5
density residential developments. When high density and Iow
density areas abut, density should decrease in those areas
immediately adjacent to Iow density residential land. Whenever
possible, buffering should be practiced by such means as
landscaping, sight-obscuring fences and hedges, and increased
setbacks.
A-11
Traffic from high density residential areas should have access
to collector or arterial streets without going through other
residential streets.
STAFF COMMENT: The applicant is proposing a 75 lot single family
subdivision in an area that is planned for residential use ~ 12 units per
acre on the proposed Woodburn Comprehensive Plan Map.
The multi-family development planned for the future (on parcel 1) will
be buffered from this subdivision by Evergreen Road, setbacks, and
landscaping. The multiofamily development planned for the future (on
parcel 2) will be required to provide a buffer from this subdivision
through the use of fencing and landscaping. Both multi-family
developments will have direct access onto Evergreen Road and will not
cause through traffic into this subdivision.
Housing Goals and Policies
G-1-1 The City will insure that sufficient land is made available to
accommodate the growth of the City. This requires that
sufficient land for both high density and Iow density residential
developments is provided within the confines of the growth and
development goals of the City...
STAFF COMMENT: Lands within the urban growth boundary and
within the city limits are available for development. The subject
property has been planned for single family development. Market
conditions and supply of developable land dictate what parcels within
the city's urban growth area are developed.
Public Services Goals and Policies
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
SUB 98-03 - Page 6
Bo
storm drainage to prevent flooding of valuable property where
feasible.
STAFF COMMENT: It will be the responsibility of the developer to
construct the infrastructure that is needed for this development to
occur. Adequately sized lines will be required to provide sufficient
capacity to serve this area of the city. All sizing and location will be
subject to review and approval by the Public Works Department.
The Public Works Department states in their comments (see
Attachment A).
Growth and Urbanization Policies
STAFF COMMENT: The developer will be required to pay systems
development charges for their impact on the infrastructure. The
extension of public services and facilities shall be in accordance with
the city's Master Plans for those systems. Refer to conditions of
approval.
Woodburn Zoning Ordinance
Chapter 8 General Standards
Section 8.010 Minimum Street Width. All street right-of-way shall not be less
than:
(a) Arterials and collectors as setforth in Section 4.010.
(b) Through Streets, 60 feet.
(c) Cul-de-sacs, 50 feet.
(d) Cul-de-sac turn-around, 45 foot radius
STAFF COMMENT: The applicant is proposing to extend Evergreen Road with
a 100 foot right-of-way, although a 74 foot right-of-way is the standard for
a minor arterial. The north-south street (Harvard Drive) that will be extended
from south from West Hayes Street will have 60 feet of right-of-way. All the
other interior streets will have a right of way of 50 feet. These street rights-
of-way meet standards as listed in figure 30 of the city's Transportation
System Plan. Refer to comments from the Public Works Department
(Attachment A) for more details.
SUB 98-03 - Page 7
Section 8.040 Special Setback Distances.
(a)
To permit or afford better light, air, and vision, on the more
heavily traveled streets; protect the arterial streets and
highways; and to permit the expansion of street areas for
traveling purposes, or eventual widening of streets, every
building or structure exclusive of signs, flood light standards,
and the supporting members thereof, shall be setback from the
streets or parts of streets hereinafter named the number of feet
set forth below in the right-hand column, measured at right
angles to the center line of the street as constructed and
improved with a hard surface pavement, and where not paved,
then the actual center line of the street, plus the required front
yard setback for the district or zone, via:
(7) Evergreen Ave., Hwy 214 to South City
Limits ................................................................... 50 feet
STAFF COMMENT: A condition of approval is that the applicant comply with
Section 8.040 regarding the special setback distance along Evergreen Street.
Section 8.190 Vision Clearance
STAFF COMMENT: Each lot will require a separate building permit. At such
time that building permits are issued, each lot will be reviewed for compliance
with vision clearance standards.
Chapter 9 Residential Standards
STAFF COMMENT: Each lot will require a separate building permit. At such
time that the building permits are issued, each lot will be reviewed for
compliance with residential set back requirements. Any new fencing will also
be reviewed for compliance with this section prior to permit issuance.
Section 9.045. Front Yard Setback. Every building shall setback from lot
lines adjacent to streets at least 20 feet...When by this Ordinance or any
other ordinance a greater setback or a front yard of greater depth is required
than specified in this section, then such greater setback line or front yard
depth shall apply.
STAFF COMMENT: A condition of approval is that the applicant shall comply
with the required front yard setback on the proposed interior streets of the
subdivision and the special setback along Evergreen Street.
SUB 98-03 - Page 8
Chapter 10 Off Street Parking, Loading and Driveway Standards
Section 10.080 Driveway Standards
STAFF COMMENT: A condition of approval is that each lot will be subject to
single family driveway standards.
Chapter 22 Single Family Residential District
Section 22.010
Within the RS Single Family Residential District no building, structure, or
premises shall be used, arranged or designed to be used except for one or
more of the following uses:
(a) Single Family Dwelling
STAFF COMMENT: The proposed subdivision and single family residences are
an allowed use.
Section 22.040 Height. In an RS District, no building or structure shall
exceed 35 feet or two and one-half stories in height...
Section 22.050 Rear Yard. There shall be a rear yard on every lot in an RS
District which shall have a minimum depth of 24 feet for a one-story building,
30 feet for a two-story building and 36 feet for a two and one-half story
building. In the case of a corner lot, the minimum depth shall be 14 feet for
a one-story building, 20 feet for a two-story building and 26 feet for a two
and one-half story building.
Section 22.060 Side Yards. There shall be a side yard on each side of the
main building on every lot in an RS District in width not less than five feet for
a one-story building, nor less than six feet for a two or two and one-half story
building.
Section 22.070 Front Yard. Every building erected, constructed, or altered
in an RS District shall conform to the front yard setback set forth in Section
9.040.
Section 22.080 Lot Area and Width. In an RS District the minimum
requirements for lot area shall be 6,000 square feet for each dwelling...
STAFF COMMENT: Each of the proposed lots meet the 6,000 square foot
minimum lot area requirement as shown by the applicant on the preliminary
plat. The side and rear yard setbacks specified in the Woodburn Zoning
SUB 98-03 - Page 9
Ordinance vary according to the height of the proposed home. If the applicant
proposes to build two story homes, then greater side and rear setbacks are
required. A condition of approval is that the applicant shall comply with
residential setback requirements and lot coverage standards.
Co
Chapter 39 Parkland Dedication and Cash-in-lieu
STAFF COMMENT: The System Development Charge for park purposes is
$483 per lot. A condition of approval specifies that the applicant shall pay
the required parks systems development charges in full, or on a per-lot basis
as building permits are issued. See Attachment C.
Woodburn Subdivision Standards
Chapter III Section 7
A. Tentative plans for subdivisions shall include the following information:
Name of proposed subdivision
Vicinity map
Subdivision plan
Names and addresses in notification area
Diagram of water system
Diagram of sewage & storm drain system
Diagram of streets and sidewalk system
Legal description of subject property
Name of proposed streets
Lot numbers
Identification of easements, parkland dedication, and private
utilities.
STAFF COMMENT: Sufficient information has been submitted bythe applicant.
Attached with this application is a preliminary plat that indicates the proposed
lots.
Section 12 (A). General Street Standards
The location, width and grade of all streets shall be considered in their
relation to existing and planned streets, to topographical conditions, to
public convenience and safety .....
Section 13 (B) Lots:
SUB 98-03 - Page 10
Eo
All lots shall have a minimum size of the zoning district in which they are
located. In the case of a curved lot line where the radius of curvature is
100 feet or less, the minimum lot line fronting that curvature shall be 40
feet.., and in no case shall the lot width be less than 60 feet at the building
line...The minimum size for various types of lots shall be given in the
following table:
Type of Lot
Minimum Width
Corner lot
Interior lot (fronting one street)
Flag Lot
Double Frontage (fronting two streets)
80 feet
60 feet
30 feet
60 feet
STAFF COMMENT: A condition of approval is that the applicant comply
with this section of the Woodburn Subdivision Standards.
Woodburn Transportation System Plan
STAFF COMMENT: Lancaster Engineering prepared a traffic analysis for the
proposed 75 lot subdivision. The analysis stated that this proposal would
"generate approximately 718 trips per day with 75 new trips during the
p.m. peak hours (48 in and 27 out)."
The analysis states that "None of the study area intersections are failing,
nor are they expected to fail with year 2000 background plus site-generated
traffic volumes. For the three intersections which are expected to operate
at E during the evening peak hour, the addition of site-generated traffic from
the proposed subdivision is not expected to significantly change the
operation of those intersections. No mitigations are recommended as a
result of the proposed 75-unit subdivision."
Randy Rohman, the Public Works Manager, reviewed the traffic analysis
prepared by Lancaster Engineerin§ and his comments are enclosed as
Attachment F.
A condition of approval is that Evergreen Road be dedicated and improved
from West Hayes Street to the west boundary of the proposed subdivision
with an improvement width of 48 feet.
Woodburn Access Management Ordinance
Section 18. Connectivity
SUB 98-03 - Page 11
The street system of a proposed subdivision shall be designed to
coordinate with existing, proposed, and planned streets outside of
the subdivision as provided in this section.
Whenever a proposed development abuts unplatted land or a future
development phase of the same development, street stubs shall be
provided as deemed necessary by the City of Woodburn to provide
access to abutting property or to logically extend the street system
into the surrounding area. All street stubs shall be provided with
temporary turn-arounds or cul-de-sacs unless specifically exempted
by the Public Works Director, and the restoration and extension of
the street shall be the responsibility of any future developer of the
abutting land.
Do
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 COMMENT: With the extension of Evergreen Road and West Hayes
Street to the proposed subdivision, traffic circulation in the area will
improve. A condition of approval requires the extension of these two
streets to provide access to the subdivision and adjacent lands to the west.
As shown on the enclosed preliminary plat, the proposed "Montebello I"
subdivision possess a looped roadway connecting the two access points off
Evergreen Road. Harvard Drive and Baylor Drive will serve as a proposed
future connection to the adjacent property to the south. Upon the
development of Montebello II, further street connections will be made to the
single family zoned land to the west and south.
VI CONCLUSION:
The applicant is requesting approval to subdivide the 15.51 acre parcel into
75 single family lots with lot sizes of greater than 6,000 square feet. With
conditions of approval, the proposal meets all applicable policies and
standards of the city of Woodburn, as found in the previous sections.
CONDITIONS OF APPROVAL:
1. Provide planning staff with a draft copy of CC&Rs.
SUB 98-03 - Page 12
The applicant shall prepare and submit a street tree plan for street trees in the
subdivision along the extensions of Evergreen Road, Harvard Drive, and Baylor
Drive. The applicant shall provide either 2 large trees per 100 feet or 3 medium
trees per 100 feet. Large trees are 40+ feet and medium trees are 30 -40 feet at
full maturity.
Property line sidewalks will be required on both sides of Evergreen Drive.
Provide staff with a final lighting plan for review by the Police Department.
The applicant shall provide pedestrian access ways from Baylor Street to the
corridor that runs along the east side of the subject site. One access point shall
be extended to the corridor at the end of each east to west oriented street. The
access ways shall be improved with an asphalt surface and landscaping on both
sides. Prior to improving the access way, the applicant shall submit improvement
plans for staff approval.
Meet vision clearance standards.
The applicant shall comply with the Woodburn Subdivision Standards. In
particular, the applicant shall modify their site plan to provide a minimum of 80 feet
for both lot widths fronting a corner lot for lots 1, 10, 21,29, 36, 37, 44, 45, 52,
and 61. In addition, the applicant shall modify their site plan to provide a minimum
of 60 feet width for double frontage lots 3, 4, 5, 6, 7 and 9. These modifications
shall be reflected on the plat to be reviewed by the Woodburn Planning
Commission.
A brick or cinder block fence will be required along the extension of Evergreen Road
and the eastern side of the subject site.
9. Prior to the occupancy of any dwelling on the subject site, construction of
pedestrian sidewalks on Hayes Street from Evergreen Road to Cascade Drive will
be required.
10. Subdivision Review approval will be required for phase 2 of the proposed
subdivision.
11. Is a monument sign being proposed to identify the subdivision?
ADDITIONAL CONDITIONS:
Public Works
Fire Department
Recreation and Parks
Building Department
Attachment A
Attachment B
Attachment C
Attachment D
SUB 98-03 - Page 13
Wastewater/Water
Traffic
Applicants Submittal
Attachment E
Attachment F
Attachment G
SUB 98-03 - Page 14
SITE PLAN REVIEW
MONTEBELLO I SUBDIVISION
PUBLIC WORKS
Ae
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. Utilities of unusual depth or size or with
a combination of utilities may require a larger width.
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 m, 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.
10.
Any off site third party agreements or easements requked for this development, shall be
provided to city staff prior acceptance of the approval.
ATTACHMENT A
STREET:
Evergreen Road Right-of-Way shall be dedicated and improved from West Hayes Street
to the west boundary of this development. This shall be in accordance with Transportation
System Plan (TSP). The TSP designates this portion as a service collector, a 74 foot wide
Right-of-Way with 10 foot wide public utility easements each side, and a 48 foot wide
improved surface with sidewalks each side.
As required by the development agreement, the street between West Hayes and Stacy
Allison (known as Lawson)shall be improved to city standards, the improved width shall
be 42 feet curb to curb, sidewalk each side. In addition, the same shall be extended to the
proposed Evergreen Road, 70 foot right-of-way, 42 foot wide improved surface and
sidewalks.
If the development agreement legally requires the extension of Stacy Allison along 1-5,
this requkement shall be fufilled.
This development will generate school age pedestrian traffic, the nearest School is Nellie
Muir Elementary. A sidewalk shall be installed on West Hayes from the School to this
development, one side only. The sidewalk shall be separated from the street surface and
shall be wider then the standard five wide walk being it is provided on one side only. The
appliacnt will be responsible for 100% of the cost from this development, to cascade Drive
unless other agreements are made.
The interior streets shall conform with the TSP, as per the local residential street with
parking both sides. A 60 foot wide Right-of-Way for the main exterior street, Baylor,
Vassoe and Harvard and 50 foot wide for the secondary interior as proposed will be
acceptable, with 10 foot wide public utility easements each side. Streets shall be
constructed with a 34 foot improved surface curb to curb, with property line sidewalks
each side.
No direct single residential lot access to Evergreen Road will be allowed.
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.
As per the Storm Water Management Plan this parcel will require to be served by a new
culvert crossing 1-5 and a detention basin bein8 constructed and located at the Northwest
comer of this parcel. The entire drainage basin is to ufflize this system, it shall be designed
to provide for this, in accordance with the Storm Water Management Plan.
The property area needed for full build out of the detention system shall be provided at
this time, however the detention constructed, only needs to provide for current
development. The culvert crossing I-5 will require permits to be obtained fi.om the
Oregon Department of Transportation and shall be designed and constructed to provide
for full build out of the basin. A hydraulic analysis shall be provided to the city for review
and approval.
D. SANITARY SEWER
This property is subject to a conditional grant for the construction of the existing sanitary
sewer lift station, this must be paid at the time of building permit issuance.
The property shall be served by the existing sanitary sewer lift station located at the
northwest comer of the parent parcel. A gravity system shall be designed of size and depth
to provide for future gravity service in which the basin would serve the area south of Parr
Road. In addition, the gravity main shall be of sufficient depth at the southeast comer of
this development to serve property located to the south and to remove by gravity, the
existing sanitary sewer lffi station on Santaim Drive. a 16 foot utility easement will also
need to be provided across one or two of the proposed lots to provide for this connection.
E. WATER
The application proposes to extend a 12" dia. water main from West Hayes within the
proposed Evergreen Road and the proposed west, noddy/south Road to serve the site. a
12" dia. will be required to be extended with the Evergreen Road Improvement, however
depending on flow requirements one of the proposed mains might be able to be reduced
in size.
The interior water mains shall be internally looped and shall be sized in accordance with
flow and fire protection requirements.
Fire protection requirements, access, fire hydrant locations and fire protection issues shall
be as per the Woodbrun Fire Districts conditions of approval. (Note: the developer needs
to be aware the city does not chlorinate its water and therefore installation and disinfection
of new development have more stringent requirements of waterline acceptance by the
city.)
4. See wastewater/water comments in regard to cross connection requirements.
WOOl)BURN FIRE DISTRICT
Preeention Division
Site Plan Rerie~v Colnments
Memo To:
Naomi Tejeda, Asst. Planner
City of Woodbum
From: Robert Benck
Fire Marshal
Date: 11-17-98
Facility/Project Name: Montebello Phase I
Location: Evergreen Road
Occupancy Class: R-3
A. Access:
1. Exterior of Facility:
UFC 902.1 When 25 or more dwellings are served more than one access point will
be required.
Driveable access to within 150 feet of all sides of all structures.
Dead-end access ways over 150 feet in length must provide turn around location.
Minimum access width is 20 feet with no parking on street. City standards will
prevail for subdivisions.
2. To Interior of Facility:
NA
B. Building Exit System: NA 1. Occupant Load:
2. Number of Exits:
3. Exit Hardware:
4. Exit Signage:
5. Emergency Lighting:
C. Fire flo~v/ Water Supply:
Minimum Fire flow will be 1000 gpm.
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 Distri~
E. Sprinkler/FDC:
NA
ATTACHMENT B
F. Alarm System:
Local smoke detection as required for single family residen~
G. Premise Identifwation:
Markings and location to meet city standards. Flag lots must have address
posted at entrance to driveway on public street.
H. Special Occupancy Requirements:
NA
L Building Size & Limitations/Type of Construction:
NA
J. Fire and Life Safety Review Requirement:
By Building Official as applies to single family construction.
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 D_Q_F.a,$.J~I_Q_I 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 Newberg Hwy.
Woodburn. OR. 97071
(503) 982-2360 Fax (503) 981-5004
ATTACHMENT B
from:
date:
subject:
Woodburn Recreation and Parks Department
Naomi Tejeda, Planning Department ~
D. Randall Westrick, Recreation and Parks Director
November 19, 1998
Recreation and Parks Department Comments - Montebello I
Recreation and Parks Systems Development Charges:
The Systems Development Charge for park and recreation facilities for this 75-unit project is
calculated as follows:
75 units x $483/unit=$36,225
Linear Park, Bike/pedestrian/golf cart Transportation Corridor:
The fight-of-way for the Evergreen Road extension borders the eastern portion of the subdivision.
The Recreation and Parks Departmem supports the development ofa bike/pedestriar~golf cart/linear
park within this corridor. This facility could provide a unique transportation link between this
development, future developments in the area, the Valor/Heritage School complex, Centennial Park
and the local commercial district.
Transportation elements of this facility should include the following:
· Pedestrian Paths
· Bicycle Paths
· Cart Paths
Recreation facilities or linear park features for the right-of-way include:
Age Specific Playgrounds
Picnic Areas
Passive Recreation Facilities
Landscape Elements
The Montebe~9 1 ~levelopment should provide a link to this transportation corridor. These access
points should b~ extended east to the corridor fi.om the proposed Baylor Street. One access point
should extend to the corridor at the end of each east to west oriented street.
ATTACHMENT C
Recreation and Parks Depamnent Comments - Montebello I
Page 2
Pedestrian Access to Schools:
Children who will reside in the Montebello I development will attend Valor Middle School and Nellie
Muir Elementary School. After reviewing the application, it appears that the only pedestrian acce~
to either school will be via Hayes Street. Hayes Street currently has no sidewalks fi.om Nellie Muir
School westward to the project site. The lack ora sidewalk creates a safety concern for children
walking to school. This situation could require Woodbum Public Schools to bus children fi.om
Montebello I to Nellie Muir School. While this practice would safely transport children to school,
an unsafe situation would still exist for children and families walking to Nellie Muir School for non-
school activities such as recreation programs or to play on school grounds. The City's Draft
Recreation and Parks Comprehensive Plan includes Nellie Muir School within the City's
neighborhood park inventory. The Montebello I neighborhood will fall within Nellie Muir School's
service area. Consideration is needed to ensure safe access fi.om the development to the School.
ATTACHMENT C
SUBDIVISION REVIEW -- FACILITIES MEETING / COMMENTS
REQUEST DATE: Nov. 20, 1998 by 1:30 p.m. DEPARTMENT: !~ ~. I L.10 I
CONTACT PERSON: Naomi Tejeda, Planning Dept, 982-5246
APPLICANT: Wilhelm Engineering, Inc. for Capital Development Company
TYPE OF PROJECT: The applicant is requesting approval of a 75 lot subdivision. This would
be phase//1 of the proposed "Montebello I" subdivision.
PROJECT LOCATION: Located to the east of Interstate 5, south of West Hayes Street, and
east of Senior Estates. It can be identified specifically on Marion County Assessor Map T5S,
2W, Section 13, Tax Lot//200.
CONFERENCE
PLACE: Conference Room DATE: Nov. 20, 1998 TIME: 2:30 pm
Woodburn City Hall
DEPARTMENT COMMENTS
ATTACHMENT D
SITE PLAN REVIEW- COMMENTS
REQUEST DATE: November 20, 199g
APPLICANT: W"dh¢lm Engineering Inc., for Capital Development Co.
DEPARTMENT: Wastewater/Water
CONTACT PERSON: Naomi Tejeda, Pl~nn~n~ Department
DEPARTMENT_COMMENTS
Cross connections: Water Dc0anm~t All units that put in e'nher a underground irrigation
s3,gtems, swimmin~ pool~ hot tubs and fu'e sprinkler systems will be required To install a
bac,,kflow prevention assemblies (DC) (Doable Checks). The assemblies sh~_ll be installed
by the water meter next to the property line. Unless approved by city Engineers. Please
see Inspector on Installation Standards 982-$283
Wast~er Depanmem No comment at this time.
Larry Arendt
Industrial Waste Coordinator
Cross Connection Inspector
City of Woodbum
ATTACHMENT E
post-It' brand fax transmittal memo 7671 [~of p~ .~e.~, .Z
SUBDIVISION REVIEW -- FACILITIES MEETING I COMMENTS
REQUEST DATE: Nov. 20, 1998 by 1:30 p.m. DEPARTMENT: ~'~ ~ J~¢~,,~ ~
CONTACT PERSON: Naomi Tejeda, Planning Dept, 982-5246 '"'~'~"~'(~'~-
APPLICANT: Wilhelm Engineering, Inc. for Capital Development Company
TYPE OF PROJECT: The applicant is requesting approval of a 75 lot subdivision. This would
be phase #1 of the proposed "Montebello I" subdivision.
PROJECT LOCATION: Located to the east of Interstate §, south of West Hayes Street, and
east of Senior Estates. It can be identified specifically on Marion County Assessor Map TSS,
2W, Section 13, Tax Lot #200.
CONFERENCE
PLACE: Conference Room
Woodburn City Hall
DATE: Nov. 20, 1998
TIME: 2:30 pm
DEPARTMENT COMMENTS
ATTACHMENT F
Exhibit A
REQUEST: The purpose of this subdivision is to divide 15.51
· ~ RE.C'D ~
JUL 1 5 1998
..... :~U ::"~ coMMUNiTY
acres into 75 lots.
A-1 Residential areas should be designed around a neighborhood concept.
Neighborhoods should be an 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.
The proposed subdivision strives to afford a comfortable and
harmonious environment. This single family residential
development will provide a transition buffer between Senior
Estates (a retirement community) on the East and high density
multifamily and commercial development to the West. To the
East of the project, the city has a 100 foot wide strip of land that
may be developed as a greenway/scenic type area which could
serve as a neighborhood meeting place, or an excellent
recreational facility. Also, the project will be making
contributions to the SDC's program which funds the
development of parks in the area.
A-2 Living Environment - Developments in residential area 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-resident
uses. Construction standards in the State Building Code shall be vigorously
Montebello I Subdivision Application - Exhibit A
enforced, and if necessary, additional standards the City determines should be
imposed to insure non-degrading housing units, should be encouraged by the
City.
The developer proposes to follow existing zoning ordinances.
Also, care has been taken to adequately design streets and
sewer systems so as to ensure graceful aging. The infra-
structure will be designed to City standards
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 living
environment.
The layout of the subdivision entails no flaglots. This translates
into street frontage for all lots and continuity of yard location
which leads to a neighborhood atmosphere and an "open"
feeling. Development of the 100 foot strip as a greenway along
the east side of the project may also add to this theme.
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 traf~c, however, whenever possible dead-end streets and cul-de-
sacs should be avoided.
There are no dead-ends or cul-de-sacs located within this
project. There is also no good reason for excess traffic to travel
through this proposed development because the residential
Montebello I Subdivision Application - Exhibit A
streets within the development provide efficient transportation to
Evergreen Avenue, which is a major collector. The layout of the
streets within the project provides effective and efficient traffic
flow for its residents.
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.
The city does have a tree ordinance in place. It is intended that
this subdivision will comply with that ordinance.
A-6 Non-residential uses should be prevented from locating in residential
neighborhoods. Existing non-conforming uses should be phased out as soon as
possible.
Upon development of this parcel, there will be no existing non-
residential or non-conforming uses of the area.
A-7 Home occupations and combination business and home should be
allowed if the residential character is unaffected by the use. In the case of home
occupations, these can be a/lowed through the zoning ordinances.
All homes will have adequate use of the roadway which should
provide ample means of transportation for residents with or
without a business.
Montebello I Subdivision Application - Exhibit A F
A-8 High traffic generating non-residential uses should not be located in such
a manner as to increase traffic flows on residential streets or residential
collectors.
This subdivision is designed to provide lots for single family
residential dwellings with minimal amounts of traffic. The
proposed subdivision is designed to efficiently transport traffic to
Evergreen Avenue, a major collector.
A-9 Industrial and commercial uses which locate adjacent to residential areas
should buffer their use by screening and design control, and should be controlled
with sufficient setback so as their location will not adversely affect the residential
areas.
The future commercial development to the West is separated by
Evergreen Avenue.
A-lO High density residential areas should be located so as to minimize the
possible deleterious effects on adjacent Iow density residential developments.
When high density and Iow density areas abut, density should decrease in those
areas immediately adjacent to Iow density residential land. Whenever possible,
buffering should be practices by such means as landscaping, sight-obscuring
fences and hedges, and increased setbacks.
There is a proposed high density residential area to the West.
Buffering may be necessary when that area is developed.
Montebello I Subdivision Application - Exhibit A
A-11 Traffic from high density residential areas should have access to collector
or arterial streets without going through other residential areas.
This project is laid out considering the high density to the West
and access control for Evergreen Avenue. It is anticipated that
traffic from high density areas will be routed directly to
Evergreen Avenue and not through the Iow density areas.
Montebello I Subdivision Application - Exhibit A
::i
FINAL ORDER
PART III
CITY OF WOODBURN
270 Montgomery Street · Woodbum, Oregon 97071 · (503) 982-5222
TDD (503) 982-7433 · FAX (503) 982-5244
HE PLANNING COMMISSION OF WOODBURN, OREGON
COMPREHENSIVE PLAN MAP 98-03 )
ZONE CHANGE 98-07 )
SUBDIVISION 98-03 )
FINAL ORDER
WHEREAS, a request was made for the Planning Commission to hear a proposal
for the applicant to amend the comprehensive plan map designations for a 175+ acre
parcel, amend, by reconfiguration, the zone map designations of the RS, RM, and CG
districts and approval of a 75 lot subdivision, and;
WHEREAS, the Planning Commission reviewed the
scheduled meeting of January 28, 1999, and;
matter at their
special
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 Comprehensive Plan Map Amendment 98-03, Zone Map Amendment 98-03 and
Subdivision 98-03 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 a Comprehensive
Plan Map Amendment 98-03, Zone Change 98-07 and Subdivision 98-03 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,~hairpfson
Final Order Comp Plan 98-03, Zone Change 98-07, Subdivision 98-03
EXHIBIT
FINDINGS AND CONCLUSIONS
APPLICABLE STATEWIDE PLANNING GOALS:
FINDING: Goal 9 is satisfied, for the proposal calls for the 174 acre parcel to serve
three Land Use designations: Commercial, Multi-Family Residential, and Single-
Family Residential. This land use mix insures economic diversity.
FINDING: Approximately 67.9 acres of the 175 acre parcel would be designated
Single-Family Residential in addition to 32.3 acres being designated for Multi-Family
use. The acreage of these designations will remain similar to what was originally
adopted in 1980 only their configuration will be changed. Therefore, the amount of
land as originally found to be appropriate when the Comprehensive Plan was
adopted in 1980 will remain similar with this map amendment.
FINDING: The applicants acreage lies adjacent to available water sewer, storm
drains and a street network that can, at the owner's expense, be extended into his
property.
FINDING: In June 1996 the City Council adopted Ordinance #2170 the "Woodburn
Transportation System Plan" that meets the three conditions established in
Ordinances #2095 and #2098.
FINDING: Goal 14 Urbanization is to insure that an orderly and efficient transition
occurs from rural to urban land uses. The concerned property lies within the City's
urban growth boundary and was annexed to Woodburn in 1992. The property lies
adjacent to property that has been built out with Commercial, Multi-Family
Residential and Single-Family Residential uses. Any development is an extension
of those land uses within the urban environment.
FINDING: These goals are inapplicable, either because the goals physical
characteristics are not present on the site (Goals 4, 5, and 15-19) or because the
resource land (3-4) is unaffected or the substance of the goal is unaffected (Goal
6, "Air, Water, and Land Quality; Goal 7, "Disasters and Hazards", Goal I,
"Recreation"; and Goal 13, "Energy Conservation".)
The proposal complies with the remaining Goals and Policies of the Comprehensive
Plan.
FINDINGS & CONCLUSIONS COMP PLAN 98-03, ZONE CHANGE 98-07, SUBDIVISION 98-03 Page 1 of 6
FINDING: There is a need for the Land Use designation be amended to reflect the
objectives of the Transportation Plan and provide a transition of development from
Iow intensity adjacent to Senior Estates to a higher intensity of use adjacent to the
freeway.
FINDING: The proposed Land Use Amendment allows a land use pattern that best
meets the objectives of the Transportation Plan.
TO SUPPORT A PLAN AMENDMENT:
FINDING: The City's Comprehensive Plan was originally adopted in 1980. Since
that time the complexity and growth dynamics of the City have realized dramatic
change. Since 1980 Woodbum's population has increased by 7,000+. Just in the
last eight years the City's building valuation for new construction has reached over
$206,346,250.00. This has had substantial affect on the City's residential,
Commercial, and Industrial growth patterns and required the City to assess it's
internal street and highway system. The outcome of that process resulted in the
adoption in 1996 of a City wide Transportation Plan that significantly affected the
applicant's property to the extent that the present plan designations are not
compatible with the City's Transportation Plan.
TO SUPPORT A ZONE CHANGE:
FINDING: Growth has required the City to re-evaluate it's development pattern.
FINDING: A transportation plan was adopted in 1996 to address future growth
issues.
FINDING: Amending the land use pattern provides greater land use compatibility.
FINDING: Amending the land use pattern removed Commercial properties away
from Single-Family Residential uses.
FINDING: Amending the Land Use pattern removed Single-Family development
away from the freeway.
SUBDIVISION:
FINDING: The applicant has submitted an application for a subdivision to divide
15.51 acres into 75 lots in the City of Woodburn.
FINDING: The applicant's site is within the City Limits, south of W. Hayes Street,
south of the proposed extension of Evergreen Road. The property can be identified
specifically as Tax Lot #200, 5S, 2W, Section 13.
FINDINGS & CONCLUSIONS COMP PLAN 98-03, ZONE CHANGE 98-07, SUBDIVISION 98-03 Page 2 of 6
FINDING: The proposed lots range from 6,000 square feet to 11,587 square feet,
thus meeting the 6,000 square foot minimum lot size standard specified in the
Woodburn Zoning Ordinance. The applicant is providing a density of 5.0 lots per
acre, thus meeting the less than 12 units maximum per acre standard.
FINDING: The applicant has submitted a traffic impact study prepared by Lancaster
Engineering.
FINDING: Two proposed local streets (Harvard Drive and Baylor Drive) will provide
access to the subdivision south of the extended Evergreen Road. Although these
two local streets dead end in phase I, they will be extended in phase I1.
FINDING: The design of the subdivision will encourage slow-moving traffic by its
short block lengths, frequent street intersections, street curvature, and narrower
widths on internal streets.
FINDING: The subdivision is for single family residential development. The
properties to the south, north and west are planned for residential use on the
Woodburn Comprehensive Plan. Therefore, no non-residential uses will impact this
development.
FINDING: Lands within the urban growth boundary and within the city limits are
available for development. The subject property has been planned for single family
development.
FINDING: It will be the responsibility of the developer to construct the infrastructure
that is needed for this development to occur. Adequately sized lines have been
proposed to provide sufficient capacity to serve this area of the city.
FINDING: The developer will be required to pay systems development charges for
their impact on the infrastructure. The extension of public services and facilities is
in accordance with the city's Master Plans for those systems.
FINDING: The applicant is proposing to extend Evergreen Road with a 74 foot
right-of-way, which is the standard for a minor arterial. The north-south street
(Harvard Drive) that will be extended from south from West Hayes Street will have
60 feet of right-of-way. All the other interior streets will have a right of way of 50
feet. These street rights-of-way meet standards as listed in figure 30 of the city's
Transportation System Plan.
FINDING: Lancaster Engineering prepared a traffic analysis for the proposed 75
lot subdivision. The analysis stated that this proposal would "generate
approximately 718 trips per day with 75 new trips during the p.m. peak hours (48 in
and 27 out)."
FINDINGS & CONCLUSIONS COMP PLAN 98-03, ZONE CHANGE 98-07, SUBDIVISION 98-03 Page 3 of 6
The analysis states that "None of the study area intersections are failing, nor are
they expected to fail with year 2000 background plus site-generated traffic volumes.
For the three intersections which are expected to operate at E during the evening
peak hour, the addition of site-generated traffic from the proposed subdivision is not
expected to significantly change the operation of those intersections. No militations
are recommended as a result of the proposed 75-unit subdivision."
FINDING: With the extension of Evergreen Road and West Hayes Street to the
proposed subdivision, traffic circulation in the area will improve.
CONCLUSION:
The applicant is requesting approval to subdivide the 15.51 acre parcel into 75
single family lots with lot sizes of greater than 6,000 square feet. With conditions
of approval, the proposal meets all applicable policies and standards of the city of
Woodburn, as found in the previous sections.
FINDINGS & CONCLUSIONS COMP PLAN 98-03, ZONE CHANGE 98-07, SUBDIVISION 98-03 Page 4 of 6
EXHIBIT
CONDITIONS OF APPROVAL
Provide Staff with a copy of the CC & R's.
The applicant shall prepare and submit a street tree plan for street trees in the
subdivision and along the extensions of Evergreen Road, Harvard Drive, and Baylor
Drive. The applicant shall provide either 2 large trees per 100 feet or 3 medium
trees per 100 feet. Large trees are 40+ feet and medium trees are 30-40 feet at full
maturity.
Property line sidewalks will be required on both sides of Evergreen Drive.
Provide staff with a final lighting plan for review by the Police Department.
The applicant shall provide a pedestrian access ways from Baylor Drive to the
corridor that runs along the east side of the subject site. One access point shall be
extended to the corridor at the end of each east to west oriented street. The access
ways shall be improved with an asphalt surface and landscaping on both sides.
Prior to improving the access way, the applicant shall submit improvement plans for
staff approval.
Meet vision clearance standards.
The applicant shall comply with residential lot standards.
The applicant shall comply with the Woodburn Subdivision Standards. In particular,
the applicant shall modify their site plan to provide a minimum of 80 feet for both lot
widths fronting a corner lot for lots 1, 10, 21, 28, 29, 36, 37, 44, 45, 52, and 61. In
addition, the applicant shall modify their site plan to provide a minimum of 60 feet
width for double frontage lots 3, 4, 5, 6, and 9. These modifications shall be reflected
in the final plat to be reviewed by the Woodburn Planning Commission.
A brick or cinder block fence will be required along the extension of Evergreen Road
and the eastern side of the subject site.
10. Prior to the occupancy of any dwelling on the subject site, construction of pedestrian
sidewalks on Hayes Street from Evergreen Road to Cascade Drive will be required.
11. Subdivision Review approval will be required for phase 2 of the proposed subdivision.
12. A cinder block wall is required on the east and south side of Evergreen location and
distance to be determined with final street design.
FINDINGS & CONCLUSIONS COMP PLAN 98-03, ZONE CHANGE 98-07, SUBDIVISION 98-03 Page 5 of 6
13. The construction of the sidewalk on West Hayes from Evergreen to Cascade shall be
built prior to any dwellings occupancy permit in Montebello Subdivision.
14. That City Council make an effort to get this property back on the tax rolls.
ADDITIONAL CONDITIONS:
Public Works
Fire Department
Recreation and Parks
Building Department
Wastewater/VVater
Traffic
Attachment A~
Attachment B .,)
Attachment C
Attachment D
Attachment E
Attachment F
FINDINGS & CONCLUSIONS COMP PLAN 98-03, ZONE CHANGE 98-07, SUBDIVISION 98-03 Page 6 of 6
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LOCAL RESIDENTIAL ~-i' 'l~ :l: '1' I' -i I -I -I '~
STREET W/PARKING / I.I I I I I I I~1 ATTACHMENT G
BOTH SIDES ~ J , ~, I l, I,~
r.,.,s~ c ,T 'g
LOCAL RESIDENTIAL
W/PARKING BOTH
SIDES - "SKINNY"
STREET
PARKWAy
STR~P
PARKING
LOCAL RESIDENTIAL
W/PARKING ONE
SIDE - "SKINNY"
STREET
$0' ROW
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PARKING
I
PUOUC UTILITY'
PARKWAY
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ATTACHMENT G
LOCAL RESIDENTIAL
W/ NO PARKING
STREET TYPICAL CROSS SECTION
CITY OF WOOOBURN
TRANSPORTATION SYSTEM PLAN
JUNE 1996