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Agenda - 06/12/1995e 9. 10. A. Council minutes of May 22, 1995 regular and executive meetings. B. Planning Commission minutes of May 25, 1995. C. Library Board minutes of May 17, 1995. A. APPOINTMENTS: 1. ?lannin_a Commission Position 2. Terry Will, 471 Montgomery Street: term expiring 12/96. Position 4. Robin Palmer, 378 McLaughlin Drive: term expiring 12197. Position 6. Laten Frawley, 1243 Woodland Ave, term expiring 12/95. 3A 3B 3C 2. Human Ria_hts Commission Linda Cummings, 798 Wilson Street. B. ANNOUNCEMENTS: 1. Council/Wastewater Advisory Committee Workshop, June 20. 1995.7:00 mm. at City Hall. 2. Council Public Hearing: 1994-95 Supplemental Budget. June 26. 1995 - 7:00 o.m. at City Hall. C. PROCLAMATIONS A. Chamber of Commerce B. Other Committees A. Letter from Mark D. Shipman, Attorney at Law. (This allows public to Introduce Items for Council consideration not already scheduled on the agenda.) ~~j~~ - No publiG hearings were sGheduled on this date. (iA A. Cou~--'~-~-""'~cil Bill N~"-'----'"~. 1635 - Ordinance amending Urban Growth Boundary, annexing 19 acres located west of I-5, amending City Comprehensive Plan map and amending City Zone Map from Marion County EFU to City Light Industrial. IOA Page I - Council Agenda, June 12, 1994 aJ Council Bill No. 1639 - Ordinance annexing 34.5 acre'{ of property located at Boones Ferry and Country Club Roads, amending the zoning map from Marion County "Urban Transition Farm" to City of Woodburn "Single Family Residential and approving the preliminary subdivision plan. Council Bill No. 1640 - Resolution authorizing a new agreement with the International City Manager's Association for the City's 401(A) plan. Fourth of July Celebration requests for insurance coverage and sound amplification permit. NO PARKING request along Country Club Road, Rainier Road and Oregon Way in the area of the new realignment. G. H. Acceptance of public right-of-way at the end of National Way. Rejection of bids for used pickup for Building Division. Alexandra Court closure request for July 4th neighborhood party. Donation from Employees of J. M. Smuckers Co. for D.A.R.E. Program. 10B 10c 100 10E 1OF lOG 1OH 101 12. 13. 14. 16. 17. 18. 19. A. Site Plan Review 95-05, Richert and Associates, Super 8 Motel. B. Acknowledgement of appeal of Planning Commission approval of LaPoint Texaco, SPR 95-10. A, New RSVP Program Coordinator, B, TIF Task Force Status Report, C, Tree Donation and Planting Project, D, Status of Young Street railroad crossing renovation, E, Building Activity Report for the month of May, 1995, · .........~..- .~... To consult with counsel concerning the legal rights and ................d~- ~'~--~ties of a public body with regard to current litigation or litigation likely to be filed, ORS 192,660(1)(h) 14A 14B 15A 15B 15C 15D 15E Page 2 - Council Agenda, June 12, 1994 3A TAPE READING 0001 0003 0013 0026 0036 0o64 COUNCIL HEETING MINUTES May 22, 1995 DATE. COUNCIL CH,%I'~ERSt CITY HALL, CITY OF WOODBURNt COUNTY OF NARION, STATE OF OREGONt I~,Y 22, 1995. CONVENED. The Council met in regular session at 7:00 p.m. with Council President Jennings presiding. pOLL CB. LL. Mayor Kirksey Absent Councilor Chadwick Present Councilor Figley Present Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Present Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari, Community Development Director Goeckritz, Police Chief Wright, Police Lt. Null, Police Lt. Eubank, Park Director Holly, Library Director Sprauer, 9-1-1 Communications Manager Wolf, Public Works Manager Rohman, City Recorder Tennant MINUTES. FIGLEY/SIFUENTEZ .... approve the Council regular and executive session minutes of May 8, 1995, and accept the Planning Commission minutes of May 11, 1995. The motion passed unanimously. Administrator Childs requested that agenda item 10A (Council Bill 1635 RE: Ordinance amending the Urban Growth Boundary to include 19.6 acres located west of I-5 by annexing and rezoning property) be removed from this agenda and be brought back to the Council for consideration at a subsequent meeting. It was the consensus of the Council to honor the joint request from the staff and applicant. ~PPOINT~NTB - HOUSING RBRABILITATION TASK FORCE, In Mayor Kirksey's memo to the Council, she appointed Kathy Figley (to serve as Chair), Walt Lawson, Barbara Pugh, and Steve Goeckritz (staff representative) to the Housing Rehabilitation Task Force. FIGLEY/PUGH .... appointments be approved as presented. The motion passed unanimously. Page i - Council Meeting Minutes, May 22, 1995 COUNCIL MEETING MINUTES May 22, 1995 TAPE READING 0091 -'., MEETING ~/gNOUNCEMENTB. The Transportation Task Force will hold their next meeting on Wednesday, May 24, 1995, 12:00 noon, in the City Hall Council Chambers. 9105 ~R0CLAMATION - BUC__~L_E UP AMERIC&! WEEK. Council President Jennings read the Proclamation which designates the week of May 22-29, 1995 as Buckle Up America! Week to encourage the use of safety belts while in a motor vehicle. ~RESENTATION - RECOGNITION OF VOLUNTEER WORK BY VIRGINIA FRYBERGER. Police Chief Wright stated that his department has used volunteers since 1989 and those volunteers have contributed numerous hours of service to the community. In appreciation for the volunteer hours provided to his department by Virginia Fryberger, he presented her with a plaque in appreciation for her dedicated service. On behalf of the Mayor, Council President Jennings extended his appreciation to Mrs. Fryberger for her work as a volunteer. 0~38 CH~WnER OF COMMERCE REPORT, Dorothy Monnier, representing the Downtown Association, stated that the Chamber has been working with the Downtown Association on two objectives: 1) install signs that would outline the Downtown Historic District and 2) Chamber, City officials, and Community-based organizations work toward long- range planning projects that would help the downtown area to prepare for the 21st century. 0292 WOODBURNCON~BACK C~MPAIGN REPORT. Councilor Figley stated that solicitation is now in progress for the annual July 4th Fireworks display. Police Lt. Eubank stated that the Noon Kiwanis Club is getting more involved in this project and they will be taking care of the fundraising for this event. Volunteers are needed for the food booth, games, etc., and individuals interested in assisting with this project can contact either himself or Vee Ott at City Hall. He expressed his appreciation to the community for their past and continued support for this annual event. 0415 pUBLIC HEARING - 1995-96 CITY BUDGET HE~RING. Council President Jennings declared the public hearing open at 7:16 p.m.. Administrator Childs stated that this hearing provides the public with an opportunity to comment on the City's 1995-96 budget which includes State Revenue Sharing funds and the Page 2 - Council Meeting Minutes, May 22, 1995 TAPE READING 0726 COUNCIL MEETING MINUTES May 22, 1995 3A independent 9-1-1 dispatch agency (NORCOM) being created through an intergovernmental agreement effective July 1, 1995. The total budget for all funds is $19,772,307. This total includes the individual budgets for the tax-supported funds being $3,019,529 (General Fund), $139,057 (Transit Fund), $533,246 (Library Fund), and $974,250 (Park/Recreation Fund). The Budget Committee has approved the proposed budget document with a tax levy requirement of $3,354,060. The breakdown of the tax levy is as follows: General Fund Tax Base, $1,895,247; Library Fund Continuing Levy, 509,983; Park/Recreation Fund Continuing Levy, $755,164; and Bonded Debt Fund $193,666. Of the total tax levy requirement, $3,160,394 will be subject to compression under Ballot Measure 5. The estimated tax rate is $5.64 per $1,000 assessed valuation after compression plus an estimated bonded indebtedness levy of $.36 per $1,000 for the aquatic center general obligation bonds. Administrator Childs reviewed the budget which included 1) personnel additions in the Police, Facilities Maintenance, Library, Swimming Pool, and Public Works; 2) reactivation of the Housing Rehabilitation program; 3) early redemption of outstanding water and sewer bonds; 4) creation of a City Hall/General Fund Ca~ital Improvement Fund; 5) updated topographical survey, 6) reinstatement of 2 patrol cars per year replacement program; 7) establishment of reserve fund for eventual construction of a consolidated Public Works shop facility; 8) adjustments to 9-1-1 budget to reflect the creation of the independent 9-1-1 agency; and 9) restructuring of the City Recorder/Finance Department/Municipal Court budget categories · Council President Jennings also stated that the Budget Committee had decided to add tax dollars to the Library ($40,000) and Parks & Recreation budgets ($60,000) for operations and additional capital improvements over and above the 6% tax increase normally provided for within the budget document. No one in the audience spoke on the 1995-96 city budget and no written comments were received on this issue. council President Jennings closed the hearing at 7:25 p.m.. pUBLIC HF.%RING - HERITAGE PARK SUBDIVISION f94-05, ~%NNENATION ~94-03 ~ ZONE CHANGE ~ENDMENT ~94-05, Council President Jennings declared the public hearing open at 7:27 p.m.. Councilor Pugh declared a potential conflict of interest and advised the public that he would not be participating on this issue either by vote or comment. Page 3 - Council Meeting Minutes, May 22, 1995 3A COUNCIL MEETING MINUTES May 22, 1995 TAPE READING Recorder Tennant read the land use statement as required by ORS 197.763. Community Development Director Goeckritz entered the following documents into the record: Exhibit $1 - Staff Report, Exhibit #2 - ATEP Engineering Transportation Study, and Exhibit #3 - Written comments made by the public on this issue. The Director stated that the proposal involves the annexation of 34.5 acres located north of Country Club Rd. and west of Boones Ferry Road. Residences in the most westerly portion of the proposed subdivision would have backyards adjacent to homes within Senior Estates. The average lot size within the proposed 145 lot subdivision is 6,500 square feet which meets the residential land criteria for this type of development. The applicant is also requesting that the property be rezoned from Marion County Urban Transition Farm (UTF) to Residential Single Family (RS). The proposed subdivision will have a Homeowner's Association and homes will range in value between $125,000 and $175,000. A "good neighbor" fence will border the perimeter of the property along Vanderbeck, Astor Way, and Country Club Road. The fence will be very similar to the one required in the Henry Farms Subdivision. Along Boones Ferry Rd., there will be a brick entrance way with a detention pond to be used during high flow periods. The transportation analysis, prepared by Associated Transportation Engineering & Planning (ATEP) for the applicant, concludes that there will be approximately 1,400 vehicular trips per day generated by this subdivision. The subdivision proposal provides for two access points into the development - one from Boones Ferry Rd. and the other onto Country Club Road. Another access point will be on the north side of the development onto Vanderbeck once Vanderbeck becomes a through street to Boones Ferry Rd. The homes adjacent to Country Club Rd. will not front the roadway, therefore, reducing the number of accesses to Country Club. He reviewed the traffic circulation within the development and stated that the access to Country Club will lineup with the future roadway into Henry Farms subdivision and will allow for a walkway into Henry Farms so children do not need to walk down Boones Ferry Rd. to go to school. The developer has also agreed to a non-remonstrance agT~ement regarding any future improvements to Boones Ferry Road and will be dedicating approximately 10 feet of right-of-way along Boones Ferry Rd. for future road improvements. The Planning Commission closed their public hearing on this issue on April 13, 1995 and took action to recommend approval of the application with conditions at the April 27, 1995 meeting. Those conditions, in addition to those already recommended by staff, included 1) a sign be posted at Country Club and Astor Way to identify it as a dead-end street and 2) move the detention basin internally rather than near the roadway and use it for a play area/tot lot with a $19,200 adjustment from Page 4 - Council Meeting Minutes, May 22, 1995 3A COUNCIL MEETING MINUTES May 22, 1995 TAPE READING the approximately $70,000 required for cash in-lieu-of land Park System Development Charge. The Home Owners Association will be responsible for the maintenance of the common areas within the facility which includes the play area/tot lot and the fence surrounding the development. Director Goeckritz also stated that a letter had been received from Senior Estates addressing traffic concerns and a petition had been received (Exhibit 4) with 980 signatures from Senior Estates expressing concern on the health and safety of residents through the increase in traffic to be generated by Heritage Park. 1460 Ken Sherman Jr., attorney representing the applicant Multi- Tech Engineering, stated that the land use application requested an annexation of property, zone change amendment, subdivision approval, and a variance on the internal traffic. He stated that the developer has a solid reputation of providing high-quality affordable housing primarily in the Salem area, one of which is "The Meadows" in Keizer. There will be a brick entrance to Heritage Park similar to "The Meadows" entrance way. Annexation of the property will allow the developer to obtain city services. The property is already within the Urban Growth Plan and is designated as residential on the map. He stated that Woodburn is experiencing a need for increased housing in the medium price range with a main feature for this development being close proximity to the freeway. The developers are in agreement with the Planning Commission's conditions regarding fencing, moving of the detention basin to the other side of the cul-de- sac near the entrance to .the development, park development, and realigning the north street onto Country Club Rd. to line- up with road improvement into Henry Farms. Mark Grimms, Multi-Tech Engineering, stated that he had worked closely with City staff over the last six months in developing the site plan. The major focus within this development is to line up accesses on Country Club Road and Boones Ferry Road and to plan for a future access onto Vanderbeck if it is extended to Boones Ferry Road. The internal traffic flow consists of short blocks and is of simple design. The storm drain system is a pass-through type for low flow periods and a detention basin to be used for high flow periods only. Water within the detention basin would disappear within a few hours. Councilor Chadwick questioned increased traffic flow down Astor Way rather than the motorists utilizing Boones Ferry Road. Dick Woelk, traffic engineer for Associated Transportation Engineering & Planning, stated that there would be some traffic infiltration down Astor Way, however, it is only estimated at 10% or 30 cars per day. The reason this infiltration is low is because the Transportation Plan will be Page 5 - Council Meeting Minutes, May 22, 1995 3A COUNCIL MEETING MINUTES May 22, 1995 TAPE READING 23O2 downgrading of Astor Way to a local street rather than a collector street and travel time studies show that the quickest method to reach the freeway is to travel Boones Ferry Road to Highway 214. Preston Tack, 2197 Camilla Way, stated that he is taking a neutral position on this issue but he didquestion if sufficient right-of-way is being obtained from the developer in the event Boones Ferry Rd. becomes 5 traffic lanes with a bicycle lane. Phil Hand, Attorney representing Senior Estates, reviewed several concerns Senior Estates Golf & Country Club have regarding the .traffic issue. He stated that Senior Estates is unique in that there are no sidewalks for pedestrians and many residents use golf carts as a means of transportation to locations within Senior Estates and adjacent shopping areas. He felt that the traffic engineer's estimate for traffic infiltration within Senior Estates is too low since motorists tend to take shortcuts to Highway 214. To lessen the impact the new development may have on Senior Estates, they requested that 1) motorists be discouraged from using Country Club Rd. and they be asked to slow down while traveling within Senior Estates, 2) stop signs be placed at the intersection of Country Club Road and Umpqua Road, 3) Randolph Rd and Rainier Rd. become a 3-way stop intersection, and 4) designating a tot lot will keep residents within Heritage Park from using the Senior Estates Park. 2688 Bob Christophersen objected to the site plan design suggesting that homes front Country Club Rd. with direct access rather than having an enclosed development with only two or three access points. He also expressed concerns regarding the fence and maintenance of landscape areas. 2955 Alan Nutall, 1986 Heather, stated that the tot lot would not be available for use for most of the year and that a tot lot of approximately 6,500 square feet would be insufficient area to keep kids within the development. Ken Sherman, applicant's attorney, stated that the dedicated right-of-way.on the west side of Boones Ferry Rd will be sufficient to accommodate 5 lanes of traffic. The developer is willing to discourage traffic from utilizing the Senior Estates streets and has no problem with the placement of the dead-end street sign or stop sign requests. This is a preliminary site plan which will need to go through a final site plan process before development begins. In regards to homes fronting Country Club Road, limiting the number of accesses onto Country Club Road will reduce future traffic Page 6 - Council Meeting Minutes, May 22, 1995 3A COUNCIL MEETING MINUTES May 22, 1995 TAPE READING Tape 2 0133 problems along that street. The developer has a good history in creating Homeowner Associations that work at minimal cost to the homeowners. The Homeowners Association will maintain the perimeter of the development, fencing, and the park even though the park will be open to the public. The approximate size of the park is 15,000 square feet which they consider to be adequate to meet the needs of the homeowners within the development. Additionally, sidewalks are required within the development per City ordinance. The public hearing was declared closed at 8:33 p.m.. Councilor Figley stated that she did have some concerns regarding the size of the park in a fairly large subdivision but felt that this concern would not be enough to vote against the subdivision. Council President Jennings expressed his support for the requests made by the Senior Estates Golf & Country Club regarding traffic signs and the need to include these requests as conditions of approval. Additionally, he did not want to see any playground equipment placed in the Senior Estates Park. Councilor Sifuentez commended the developers in there working with Senior Estates to minimize problems associated with this development. Councilor Chadwick stated that she did not fully agree with the engineer's estimate for traffic infiltration in Senior Estates and she feels that increased traffic will be a problem for the Estates. 0233 FIGLEY/SIFUENTEZ .... staff be directed to draft an ordinance approving the annexation, and zone change amendment with the conditions of approval recommended by the Planning Commission and the additional conditions of approval suggested by Mr. Jack Donaly and Mr. Philip Hand from Senior Estates relative to additional stop signs. On roll call vote, the motion passed 4-1-1 with Councilor Chadwick voting nay and Councilor Pugh abstaining. 0281 Council President Jennings expressed his thanks to Barbara Pugh and Walt Lawson for their willingness to serve on the Housing Rehabilitation Task Force. 0304 COUNCIL BILL 1636 - ORDINANCE IMPOSING A pRI¥ILEGE TAX ON NORTHWEST NATURAL GAS COMPANY IN THE AMOUNT OF 2%. Council Bill 1636 was introduced by Councilor Hagenauer. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1636 passed unanimously. Council President Jennings declared the bill duly passed with the emergency clause. Page 7 - Council Meeting Minutes, May 22, 1995.' TAPE READING ~360 9382 0434 0450 COUNCIL MEETING MINUTES May 22, 1995 3A COUNCIL BILL 1637 - RESOLUTION DECLB/~ING CITY'S ELECTION TO RECEIVE STATE REVENUES DURING FISCAL YEAR 1998-96. Council Bill 1637 was introduced by Councilor Hagenauer. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Council President Jennings declared Council Bill 1637 duly passed. COUNCIL BILL ~638 - ~ESOLUT~ON APPROVING THE EARLy REDEMPTION OF 1977 GENERAL OBLIGATION SEWER BONDS, Council Bill 1638 was introduced by Councilor Hagenauer. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, Council Bill 1638 passed unanimously. Council President Jennings declared the bill duly passed. LETTER OF UNDERSTANDING FROM HARRIS & EIDE, CPA. Administrator Childs stated that there is some preliminary accounting work that needs to be initiated prior to the NORCOM effective date of July 1, 1995. Therefore, a letter of understanding from the accounting firm is appropriate since NORCOM is not able. to enter into contracts until after the July 1st implementation date. Staff recommended the approval of the letter of understanding with Harris & Eide, CPA, who currently provides auditing services for the City and other accounting services for several agencies within NORCOM. FIGLEY/PUGH .... approve the attached letter of understanding with Harris & Eide, CPA. The motion passed unanimously. ACCEPTANCE OF BID --- RS-ROOFING OF CITY HALL. Prior to the installation of the new HVAC system, roof repairs are necessary for the built up portion of the City Hall roof. Proposals were returned from the following contractors: Tom Blaylock, Inc., $5,373.00; and McGilchrist Roofing Co., Inc., $9,425.00. Staff recommended the acceptance of the proposal from Tom Blaylock, Inc.. FIGLEY/PUGH .... accept the proposal from Tom Blaylock, Inc., in the amount of $5,373.00 for repairs to the City Hall roof. The motion passed unanimously. ACCEPTANCE OF EASEMENT - GEM EQUIPMENT OF OREGON. Staff recommended the change of a current 15-foot wide water line exclusive easement to a 15-foot non-exclusive easement on property owned by GEM Equipment of Oregon. FIGLEY/SIFUENTEZ .... accept the non-exclusive easement from GEM Equipment Co. as recommended by staff. The motion passed unanimously. Page 8 - Council Meeting Minutes, May 22, 1995 TAPE READING 0460 0474 0526 COUNCIL MEETING MINUTES May 22, 1995 3A ACCEPTANCE OF DONATION - VIDEO C~ FROM M.~.D.D. The Police Department has been selected as a recipient of a video camera, remote microphone, monitor and mount (valued at approximately $1,600) to be used in enforcing DUII laws. FIGLEY/SIFUENTEZ .... accept the donation of the mobile video camera from the Marion County Mothers Against Drunk Driving (MADD) for DUII enforcement. The motion passed unanimously. ~DDITIONan PARKING ~DJACENT TO THE pUBLIC LIBRARY~ The Council briefly discussed the options presented at the previous Council meeting. Staff recommended the Option 1 parking configuration which is the least expensive at this time but is compatible to a future design that would include a mall-type effect. HAGENAUER/FIGLEY... use Option i as the parking configuration on the south side of the Library. The motion passed unanimously. STAFF REPORTS. A) Administrator Childs read a letter from Dan Berrey requesting 1) additional time to make structural repairs to the Salud building (up to 24 months) if he makes the investment and 2) waiver of all fees/charges relating to remodeling permits. Administrator Childs stated that this issue would be discussed by the Council at their June 12th meeting. The Councilors expressed concern over continued delay of the structural repairs and the request for waiver of permit fees. B) Transportation Task Force information -- The Council received Technical Memorandum $4 s~mmarizing future transportation system alternatives and needs. C) Young Street Railroad Crossing Improvement -- Southern Pacific Railroad will begin installation of the rubberized crossing on or before May 31, 1995. D) Aquatic Center Update -- Park Director Holly stated that construction is progresging with the opening date targeted for September 1, 1995. The building is far enough along to where you can visualize the facility and he felt that the public will be pleased with the end product. He invited the Councilors to schedule a time in which he could give them a tour of the facility. E) Meeting with Marion County officials regarding County facility needs andrelated issues --- Administrator Childs stated that a meeting with County officials has been scheduled for Wednesday, June 7th, 1:30 p.m., at City Hall. The purpose Page 9 - Council Meeting Minutes, May 22, 1995 3A TAPE READING 0995 1043 1054 1060 COUNCIL MEETING MINUTES May 22, 1995 of the meeting is to discuss with elected City officials future building needs of the County. CITY ~%DMINISTRATOR'S REPORT, Administrator Childs commended Park Director Holly on his overseeing the Aquatic Center construction in addition to his routine work that needs to be accomplished. He also commended Public Works Director Tiwari on his outstanding job in the bringing to closure the Country Club road realignment and the Evergreen Road extension. Councilor Figley thanked the Public Works Department for the good condition of our roads since her recent visit to Jamaica showed her how poor some roads are in other countries and how upset people can get over poor road conditions. Councilor Sifuentez stated that she has heard from numerous children who are very enthusiastic and proud of the new pool facility. EXECUTIVE SESSION. FIGLEY/SIFUENTEZ .... adjourn to executive session under the authority of ORS 192.660(1)(h) to consult with legal counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed. The motion passed unanimously. The Council adjourned to executive session at 9:06 p.m. and reconvened at 9:22 p.m.. Council President Jennings stated that the Council would not be taking any action following the executive session. FIGLEY/SIFUENTEZ... meeting be adjourned. unanimously. The meeting adjourned at 9:24 p.m.. The motion passed APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 10 - Council Meeting Minutes, May 22, 1995 Executive Session COUNCIL MEETING MINUTES May 22, 1995 3A DATE, CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MAY 22, 1995. CONVENED. The Council met in executive session at 9:08 p.m. with Council President Jennings presiding. ROLL CALL. Mayor Kirksey Absent Councilor Chadwick Present Councilor Figley Present Councilor Hagenauer Present Councilor Jennings Present Councilor Pugh Present Councilor Sifuentez Present Staff Present: City Administrator Childs, City Attorney Shields, City Recorder Tennant, Press: Shelby Case, Woodburn Independent The executive session was held under the authority of ORS 192.660(1)(h) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed. Council President Jennings reminded the Councilors, staff, and press that information discussed in executive session is not to be discussed with the public. City Attorney Shields provided the Council with information regarding litigation threatened by North Willamette Cable TV. ADJOURNMENT. The executive session adjourned at 9:20 p.m.. APPROVED NANCY A. KIRKSEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page I - Executive Session, Council Meeting Minutes, May 22, 1995 3B MINUTES WOODBURN PLANNING COMMISSION MAY 25, 1995 2) 3) 4) 5) ROLL: Chairperson Mrs. Warzynski Present Vice Chairperson Mrs. Bjelland Present Commissioner Mrs. Davis Absent Commissioner Mrs. Henkes Present Commissioner Mrs. Schultz Absent Commissioner Mr. Salyers Absent Commissioner Mr. Finch Present Commissioner Mr. Atkinson Present Staff Present: Steve Goeckritz, Community Development Director Teresa Engeldinger, City Planner MINUTES: The Planning Commission meeting minutes of May 11, 1995 were accepted as printed. BUSINESS FROM THE AUDIENCE: None COMMUNICATIONS: Staff read into record a letter from Commissioner Saylers resigning from the Commission. Staff stated that they would be sending him a letter thanking him for the particrPation he did have and wishing him the best in the future. PUBLIC HEARINGS: A. SPR 95-10 Texaco, Gary LaPoint Staff read the statement necessary to open the public hearing. He then read the Approval Criteria, the Raise it or Waive it Rule, and the Right to Have the Record Remain Open. PCM\PCM5-25.95 SG:bw 3B Staff stated the applicant wished to build a combination gas station/car wash which would be located on Lawson Avenue south of McDonald's Restaurant. It would be located on a .82 acre parcel. It is an allowable use in the CG Zone. The applicant has met all the criteria for approval. Adequate infrastructure is already in place. A letter was included in the planning packet from ODOT regarding the traffic study. Staff was concerned about a loading space (for deliveries) but the decision to have one would be left up to the Commission. Commissioner Warzynski asked if there was a name on the street behind McDonald's and if access to Lawson would be across the vacant lot. Staff answered that the street behind McDonald's was private but would share access with the proposed Texaco and Motel 8. The purpose of the access management plan was to get as much shared access as possible to limit the number of access points that would interrupt the flow of traffic. Commissioner Bjelland asked about Police Chief Wright's comments about widening Lawson Ave. Staff explained that in regards to Lawson in the future it would be a right-in, right-out only street. By widening Lawson now and providing refuge lanes would only be confusing/disruptive to traffic when it was changed to right-in, right-out. Commissioner Atkinson asked about site access to the Texaco station. Staff answered that there would be two shared accesses, one with McDonald's and the other with future development to the south. The applicant, Gary LaPoint, 10618 Crosby Road, addressed the recommendation by Police Chief Wright. He stated that the curb cut to widen the driveway which was necessary to accommodate large/double trucks delivering fuel. He stated that he would like to make the landscaping compatible to McDonald's to make the area look more uniform. Chairperson Warzynski asked about the signs. Staff stated this would be discussed in the future. Mr. LaPoint handed out literature regarding signs. Staff recommended the sign issue not be discussed at this time due to the fact the Commission had not had time to review the material. PClV~PCMS-25.95 SG:bw 2 3B Chairperson Warzynski asked if there was anyone in the audience who wished to speak for this project. There were none. She then asked if there was anyone in the audience who wished to speak against this project. Vance Cromley, Attorney, 1191 Capital Street, representing Barry Sullivan, owner of the Texaco on the west side of the freeway. He stated that the traffic study focused on the traffic view from the Super Motel/Texaco on the Evergreen/Hwy 214 intersection not the Lawson/Hwy 214 intersection. He talked about the 2 minutes, 50 seconds it took him, at 1:10 p.m. on May 25, 1995, to exit McDonald's on Lawson and make a left hand turn onto Hwy 214. He commented on the trip generation projection. He asked for a continuance of the hearing for 2 to 4 weeks so they could do a traffic study of their own. Commissioner Finch asked if this was a different type of business would the attorney be here to oppose it, Mr. Cromle¥ stated that he could not answer that. Dale Baker, 2874 Newberg Hwy, stated that 6 years ago he built the Texaco across the freeway. He had the Exxon station which has now been changed to a restaurant, he worked with the city to get the Country Club Road realignment.. He stated that he was not against the proposal, he was concerned about the traffic problems in the area. Chairperson asked if there was anyone else who wished to speak against this proposal. There were none. The applicant, Mr. LaPoint stated that in regards to the traffic study, Mr. Tom Lancaster, traffic engineer, was present if they would like to ask any questions. He stated that most people would go to the signal at Evergreen. Tom Lancaster, Traffic Engineer, Union Station #206, Portland, stated that in regards to the comment that the traffic on Lawson/Hwy 214 intersection was not looked at in the traffic study was not true. He stated that it is addressed on page 15 .. of the traffic study and in regards to the trip generation, traffic engineers use a trip generation manual for their calculations. Commissioner Finch asked Mr. LaPoint if there has been any discussion with McDonald's about closing the access on Lawson closest to Hwy 214. Mr. LaPoint Stated that no it had not been discussed at this time. PCM~PCMS-25.95 SG:bw 3 3B Staff advised the Commission that they had a member of the audience request the record remain open. He advised the Commission that they could close the hearing or leave it open until the next meeting. It the Commission's wish to close the hearing it is potentially subject to appeal. Commissioner Bjelland asked if ODOT agreed with this proposal. Staff stated that ODOT did not believe this proposal would require any off site mitigation. They do not believe that this proposal would cause additional traffic burden to the point that something would have to be done. Commissioner Bjelland made the motion to close the public hearing. Commissioner Henkes seconded the motion. A vote was taken and passed unanimously. Commissioner Bjelland asked staff if people could be encouraged to use the access road to the north of the proposal to exit. Staff sated that it was possible this would be a very attractive exit. Commissioner Henkes asked if there would be direction signs back to the freeway. Staff answered yes. Chairperson Warzynski asked if the Commission could recommend to the Public Works Department that Lawson be a right-in/right-out soon. Staff answered yes, the Commission could recommend that a study be done as to when this would be warranted, but not as a condition of approval for this project. Commissioner Finch asked if a condition of approval for widening the access on Lawson Street for truck use. Staff answered that a standard 20 foot radius was required but allowances could be made for flexibilitv. Commissioner Bjelland made the motion to approve SPR 95-10 with the conditions listed in the staff report and the condition that the access onto Lawson widened and an analysis of the right-in/right-out on Lawson Avenue be PCM~PCMS-25.95 SG:bw 3B done. Commissioner Henkes seconded the motion. A roll call vote was taken. Warzynski Yes Bjelland Yes Henke3 Yes Finch Yes Atkinson Yes The motion passed unanimously. B. SPR 95-05 Super-Motel Staff read the statement necessary to begin the hearing. Staff read the Approval Criteria, the Raise it or Waive it Rule and the Right to Have the Record Remain Open. Staff stated that the applicant, Richert & Associates wished to build a 4,865 sq. ft. hotel with 104 rooms. It would be located on the property west of the of Evergreen Road behind the 76 gas station, south of McDonald's access road. Staff stated :.hat the hotel would have an indoor pool. The building itself would be three stories, 37 ft tall. A traffic study was done and reviewed by staff and ODOT. This project meets the' required setbacks and landscaping standards. It has no restaurant facilities. All laundry would be done on site. It has vending maChines. Staff has concerns about a loading space for deliveries of cleaning pro'Jucts and items for the vending machines. The access points to this development would be shared. The applicant, David Huffman, 9311 SW 36th Ave. Swan Island, Portland, stated that they looked at traffic control and talked about shared accesses with the other developers. They felt that a loading stall was not needed sign only vending machines were in the hotel and most deliveries to these machines were during the non busy hours of the hotel. He stated that the front and back of the hotel look the same. He discussed the color which would match the surrounding residential structures. Chairperson Warzynski asked what width was the access to the hotel. Mr. Huffmar. answered 26 ft. PCIV~PCM5-25.95 SG:bw 5 Commission(~r Bjelland asked why the sign said Super 8 Motel and it was called a hotel. Mr. Huffman explained that a motel had rooms with entrances on the exterior, a hotel has ehtrances to rooms on the interior. Chairperson Warzynski asked if there was anyone in the audience who wished to speak for this project. There were none. She then asked if there was anyone who wished to speak against this project. Dale Baker, 2874 Newberg Hwy, stated he had traffic concerns on Hwy 214. He stated that he was not against the Super 8 Motel project only the traffic problems. Commissioner Finch stated that he agreed with Mr. Baker regarding traffic. He asked Mr. Baker if he was proposing to stop all development on the east side of the freeway until all the traffic were solved. Mr. Baker answered no, but traffic problems needed to be solved so he will fight the system until the traffic problems are solved. Mr. Huffman introduced Tom Lancaster, Transportation Engineer for the project. Mr. Lancaster stated that the traffic study mentioned previously included the hotel traffic. Chairperson Warzynski closed the public hearing. Commissioner Bjelland asked staff that if ODOT approved the proposal does the Planning Commission have the right to deny the proposal. Staff stated that certain criteria and recommendations must be made for approval or denial. Chairperson Warzynski asked what effect the swimming pool would have on the drainage system. Staff answered that the drainage would be regulated. Them was discussion among the Commission regarding the loading space. 3B PCM~PCMS-25.95 SG:bw 6 Commissioner Bjelland made the motion to approve SPR 95-05 with conditions of approval listed in the staff report excluding the loading space. Commissioner Henkes seconded the motion. A roll call vote was taken: Warzynski Yes Bjelland Yes Henkes Yes Atkin~on Yes Finch Abstain The motion passed. C. Variance 95-05 Fleetwood Staff read the statement necessary to open the public hearing. Staff stated that the applicant needs a variance to the driveway standards. Staff read Approval Criteria, the Raise it or Waive it Rule and the Right to Have the Record Remain Open. Staff stated that Fleetwood wished a variance to the driveway standard of 99'. at curb line and 39' at the property line expanded to 110' at curbline and 70' at the property line. Staff recommended the variance be granted with conditions listed in the staff report. Chairperson Warzynski asked if there was anyone in the audience who wished to speak for this proposal. There were none. She then asked if the was anyone in the audience who wished to speak against this proposal. There were none. She closed the public hearing. Commissioner Finch made the motion to approve Variance 95-04 with the conditions listed in the staff report. Commissioner Atkinson seconded the motion. A vote was taken - passed unanimously. D. SPR 95-06 Variance 95-04 - JM Smucker Co. Staff read the statement necessary to open the public hearing. Staff read the Approval Criteria, Raise it or Waive it Rule, and the Right to Have the Record PCM~PCMS-25.95 SG:bw 7 3B Remain Open. Staff stated.ithat the applicant wished to put a 608 sq. ft. addition to their current office building which would put the building on the property line. Staff recommende;d Variance approval due to a recorded non-construction easement which has been provided that will be an adequate setback. This has been provided by. Americold and has been recorded with Marion County. The applicant, Jeff Pasquino Greco, stated that the other alternatives were not feasible for Smucker's at this time. Commissioner Bjelland asked about item #F in the staff report regarding termination of this easement, Mr. Greco stated that all the payments have been received by Americold concerning the easement. Staff stated that this item (#F) was no longer a point in this contract. Since this has been paid this item is void. He read into record a letter from the city attorney regerding this matter. Chairperson Warzynski asked if there was anyone in the audience who wished to speak for this project. There were none. She then asked if there was any one who wished for speak against this project. There were none. She closed the public hearing. There was discussion among the Commission regarding the easement agreement termination. Commissioner Bjelland made the motion to approve SPR 95-06 and Variance 95-04 with an addition condition that item #F in the staff report regarding the easement termination be removed. Commissioner Finch seconded the motion. A roll call vote was taken: Warzynski Yes Bjelland Yes Atkinson No Finch Yes Henkes Yes PCM~PCMS-25.95 SG:bw 8 6) 7) 8) The motion passed. REPORTS: None BUSINESS FROM THE COMMISSION: Commissioner Finch stated that due to personal obligations, he would be resigning from the Commission. Chairperson Warzynski stated that she would not be attending the next meeting. ADJOURNMENT: There being ,no further business the Planning Commission meeting adjourned. 3B PCM~PCMS-25.95 SG:bw 9 3C MINUTES. MONTHLY MEETING OF WOODBURN ,,PUBLIC LIBRARY BOARD DATE: May 17, 1995 ROLL CALL: Willy Baldwin Nancy Bowman Dorothy Jaeger - Absent - Present - Present Gloda Predeek Jean Weatherill - Present - Present STAFF PRESENT: GUESTS: CALL TO ORDER: SECRETARY'S REPORT: D.IRECTOR'S REPORT: OLD BUSINESS: Linda Sprauer, Director Judy Coreson, Recording Secretary None President Gloda Predeek called the meeting to order at 7 PM. She reminded the Board Members that the business portion of the meeting would be short in order to allow plenty of time for the Capital Improvement Plan session to follow the meeting. The monthly Board minutes of Apdl 19, 1995 were approved as submitted. Monthly Statistics: The monthly staUsfics were self-explanatory. Circulation for month of April has increased over Apdl of last year. Activities: A list of activities was mailed to the Board. Congressman Jim Bunn will hold a public meeting Saturday, May 20 at 8:30 AM in the Multi-Purpose Room. Parking Lot Project: Memos from Chds Childs, City Administrator, and Frank Tiwari, Public Works Director, advise the City Council to proceed with Parking Lot Option 1. This option adds a parking lot of ten more parking spaces without the mall area between the Library and City Hall due to the cost. The Public Works Department is willing to absorb the engineering costs. Construction costs for this project is budgeted at $27,697 for the fiscal year 1995-96. The board agreed with Mr. Tiwad that this seems the best course of 1 · , 3C action and that we should keep open the option to further develop or expand the lot in the future. Sunday Hours: Statistics for Sunday open hours were mailed to the Board. Linda is researching the feasibility of expanding Sunday hours from September through May during next fiscal year. This would be made possible as a result of the increase in the Library's budget made by the Budget Committee. NEW BUSINESS: By-Laws Change: The Board voted to accept the By-Laws change concerning City Board attendance as submitted from the memo recieved from Chris Childs, City Administrator. A Board member is expected to attend at least 1i0% of the meetings in a quarter. The Mayor will ask a Board member to resign if he/she can't attend 50% of the meetings in the next quarter. If the member refuses to resign, the City Council can vote to declare the position vacated. Thank You Note: President Gloria Predeek read a thank you note from Linda for the plant arrangement from the Library Board and staff to show appreciation for her 23 years of service to the Library. BUSINESS TO/FROM THE CITY ~OUN(;IL AND/OR MAYOR: None .ADJOURNMENT: The meeting was adjoumed at 7:45 PM. Respectfully Submitted, Judy Coreson Recording Secretary Library Board Minutes - 5/17195 2 WALLACE W. LIEN MARK C. HOYT MARK D. SHIPMAN WALLACE W. LIEN, ATIORNEYS AT LAW 1191 CAPITOL STREET NE SALEM, OREGON 97301-1102 OFFICE (503) 585-0105 FAX (503) 585-0106 RC. 6A CAPITOL HOUSE-C~ 191g Id~.~G ADI~E~: P.O. BOX ~6~ The Honorable Nancy Kirksey and Woodbum City Council 270 Montgomery Street Woodburn, OR 97071 May 23, 1995 Re: Woodburn Fertilizer Public Hearing Dear Mayor Kirksey and City Councilors: On May 8, 1995 during a recent public hearing I made.statements regarding the Hardeastle/Front Street neighborhood which upon reflection I realize were offensive, insensitive, inaccurate and inappropriate. Please accept my formal apology to the council, and all the citizens of Woodbum for those offensive statements. I am very sorry and regret having made the statements. My poor choice of words showed my lack of experience more than any intent to malign or characterize this area. After discussing this matter with my client and other attorneys in my office, it is dear I should have used different words or said nothing at all in the heat of the exchange with the neighboring property owner. I can assure you the statements were not intended to cast a bad light on Woodbum, but rather were a poor attempt at rebuttal. It clearly was not my intent or purpose to disparage your community. Woodburn is a great community to live and work in. I strongly feel this way and have communicated this sentiment to the planning staff on many occasions over the last year. Please accept this letter as my formal apology in this matter, and my promise that I will be much more cognivant of my testimony in the future. Thank you for understanding this situation and I look forward to many years of association with the City of Woodburn. Yours truly, 1yIark D. Shipman MDS:mht cc: Steve Goeckritz Woodbum Fertilizer & Grain, Inc. Jane Kanz " 10A COUNCIL BILL NO. 1635 ORDINANCE NO. AN ORDINANCE AMENDING THE URBAN GROWTH BOUNDARY OF THE CITY OF WOODBURN TO INCLUDE 19.6 ACRES OF PROPERTY LOCATED WEST OF INTERSTATE 5; ANNEXING SAID PROPERTY INTO THE CITY OF WOODBURN; AMENDING THE CITY OF WOODBURN COMPREHENSIVE PLAN MAP FROM MARION COUNTY 'PRIMARY AGRICULTURE' TO CITY OF WOODBURN 'INDUSTRIAL'; AMENDING THE CITY OF WOODBURN ZONING MAP FROM MARION COUNTY 'EXCLUSIVE FARM USE' TO CITY OF WOODBURN 'UGHT INDUSTRIAL'; AND SETilNG AN EFFECTIVE DATE. WHEREAS, the Applicant, Davidson Farms, Inc., owns 19.6 acres of property located west of Interstate 5 and described more specifically in Exhibit 'A' which is attached hereto and incorporated herein, and WHEREAS, the Applicant has filed an application to amend the City of Woodburn's Urban Growth Boundary to include said property, to annex said property into the City of Woodburn, to amend the City of Woodburn Comprehensive Plan Map from Marion County 'Primary Agriculture' to City of Woodburn 'Industrial' and to amend the City of Woodburn Zoning Map from Marion County 'Exclusive Farm Use" to City of Woodburn "Light Industrial"; and WHEREAS, the Woodburn Planning Commission conducted a public hearing on February 23, 1995, and granted said application, and WHEREAS, the City Council conducted a hearing on March 27, 1995, and directed staff to prepare Findings of Fact and Conclusions of Law in support of the approval of said application; and WHEREAS, Findings of Fact and Conclusions of Law have been prepared and are attached hereto and are incorporated herein as Exhibit 'B'; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The subject property is owned by Davidson Farms, Inc. and is described specifically in Exhibit 'A', which is attached hereto and incorporated herein. Section 2. That based upon the Findings of Fact and Conclusions of Law set forth in Exhibit 'B", the Urban Growth Boundary of the City of Woodburn is hereby amended to include the subject property. Page I - COUNCIL BILL NO. ORDINANCE NO. IOA Section 3. That based upon the findings contained in Exhibit "B', the subject property is hereby annexed into the City of Woodburn. Section 4. That the Woodburn Comprehensive Plan Map is hereby amended as to the property described in Exhibit 'A' from Marion County 'Primary Agriculture" 1[o City of Woodburn 'Industrial', based upon the findings contained in Exhibit 'B'. Section 5. That the Woodburn Zoning Map is hereby amended as to the property described in Exhibit 'A' from Marion County 'Exclusive Farm Use' to City of Woodburn 'Light Industrial', based upon the findings contained in Exhibit 'B'. Section 6. That approval of this application is conditioned upon no building permit being issued on the subject property until the City's Transportation System Plan is completed and adopted pursuant to OAR Chapter 660, Division 12. Section 7. This ordinance is effective upon formal approval of the above- described Urban Growth Boundary Amendment by the Marion County Board of Commissioners pursuant to the terms of the Urban Growth Boundary Agreement ApSignedprovedbY theas toCityfo r m~'~and adopted.~,,~_~by Ordinance No. 2021. ~/~.., City Attorney Da~ l APPROVED: Nancy A. Kirksey, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. ORDINANCE NO. Council Bill £xhib~t Page 1 of 1 DESCRIPTION A parcel of land lying in the Southeast 1/4 of Section 11, the Southwest 1/4 of Section 12. and the Northeast 1/4 of Section 14 of Township 5 South, Range 2 West of the Willamette Medd'mn, said parcel also being a podion of Thomas Roy Heirs Donation Land Claim · 82 and Ihe Moses Lore Donation Land Claim · 61, said Township and Range. said parcel being West ~0.12 feet to a I~Z' iron rod set on the Nodhwest~ ~ight-of-qvay line of said line South 3'/~8~3' West 1532,42 feet to a 5/8' iron rod being the TRUE POINT OF BEGINNING; Nodh 01'43~2' East 1539.83 feet to a 6/8' iron rod; thence South 88'1~ East 1108.39 feet to the TRUE POINT OF BEGINNING, all in Madon County, This parcel contairm 19.6 acres, more or less. No. 1635 IOA ? : ] COUNCIL BILL NO. 1635 '~ "Exhibjt 'B", Page I of 23 Exhibit A - Findings and Conclusions [Davidson Farms, Inc.] 10A I. Nature of the Application: This decision contains four interrelated land use actions. The first is an amendment to thc Urban Growth Boundary (UGB) for thc City of Woodbum to bring the subject property inside the boundary. The second is annexing the property into thc corporate limits of thc City of Woodburn. Thc Third is designating thc parcel as Industrial in the comprehensive plan. The fourth and final action is acOmlly rezoning the subject pwperty to Light Industrial (IL). H. HLstory of the Application: A duly completed application was received by the City Planning Detmmnent in November, 1994. Staff analyzed the proposal and received commeats and information from other agencies and, based upon that review and analysis, recommended that thc application be approved. A public hearing before the Woodburn Planning Commission was duly held on February 23, 1995 in which additional information and testimony was received. At thc dose of this hearing the Woodbum Planning Commission unanimously voted to recommend that all parts of The m_~_n,,r .was submitted to the City Council for their review of the Planning Commission recommendation. On March 27, 1995 the council duly held a public he-Hag on this application, which hearing was then continued until April 10, 1995, at which time the record in this matter was duly closed. At the conclusion of the public hearing, the Woodburn City Council unanimously voted to approve all pans of this application as submitted. During the open record period before the City Council, representatives from the applicant and city staff met with staff from thc Department of Land Conservation and Developmeat (DLCD) and the Oregon Department of Transportation (ODOT) to discuss the .ca~se. DLCD suggested that additional information should be supplied about the possibility of converting other 18nda already inside the UGB to industrial use. The applicant thereafter commissioned an exhaustive study of such possibility, which study was submitted to tho c/ty and incJ.udcd in thc record of this case. In addition, DLCD staff encouraged the city to focus on the industrial land bas~ need approach to justification of this decision, rather than on thc potentinl benefit to the dty in siting its split diamond in ,ta'change. Since the dty is cummtly in the midst of reviewing its own Transportation Plan, and given the very strong evidence throughout the city of the tree need for additional industrial lands as shown by thc applicant in _this case, it was agreed that thc primax'y basis for this decision would focus on industrial land need, rather than the benefits to the city Page 1 - l~ndings and Conclusions (Davidson Farms, Inc.) COUNCIL BILL NO. 1635 E~hibit 'B', Page 2 of 23 from allowing an alteamative site for placement of the southern by-pass of the proposed split diamond interchange. Also during the preparation phase of this application numerous meetings were held between the applicant and city staff and ODOT, as well as with private traffic engineers regarding all aspects of this proposal. ODOT has indicated on numerous occasions that they do ffot object to the land use nature of the application. m. General Findings of Fact The following findings of fact relate to general features of the land and surroundings and apply in general to all aspects of this case. The subject property is 19.6 acres in size and is triangular in shape. The parcel is the southern tip of a contiguous tract owned by applicant, the total acreage of the combined ownership is ~8.38 acres. The 68.8 acre tract within the UGB will be referred to herein as the 'remnant tntrcel'. Thc land is generally fiat, however a drainage ditch traveraes the length of the property from north to south. Although the ditch is somewhat lower in elevation from the remainder of the site and is bermed to some extent, the site has been delineated and found to not contain any jurisdictional wetlands. e The subject property is bounded by Interstate 5 to the east, industrial land to the north and agricultural land to the west. Since the property is a triangle whose tip lies to the south, there is no use identification for that direction. Beyond the industrial land to the north lies Highway 219. The north edge of the subject tract borders the city limits of Woodburn and the Woodbum UGB. Sole access to the site is from Hwy 219 across the applicant's remnant parcel from the newly constructed extension of Woodland Avenue. Without the joint ownership by the applicant of the parcel directly to the north, the subject property would be landlocked. e The subject pzoperty is currently zoned EFU (exclusive farm use), and is designated Primary Agriculture in the lvIarion County Comprehensive Plan. The land around the subject property is a mixture of zones and uses. To the south and west are EFU zoned lands. To the north is the remainder of applicant's property, which is located inside the UGB, designated Industrial in the Woodburn Comprehensive Plan (WCP) and zoned IL. To the east of Interstate 5 is a large area designated commercial in the WCP and zoned for commercial re, il uses. Wal-Mart is located in this area, as will be the newly approved Capital Development Corporation's factory mall outlet. A soil study was performed on the site by Scoles and Associates. The study revealed that the subject property consists of Woodbum silt loam, Amity silt loam and Dayton silt loam. The Woodbum and Amity series soils are considered moderately well and Pagg 2- l~ndings and Conclusions (Davidson Farms, Inc.) IOA 10. · COUNCIL BILL NO. 1635 Exhibit "B", Page 3 of 23 somewhat poorly drained respectively. The Dayton sou is considered poorly drained, unless drained (by ditching, for example). Dayton soils are not considered suitable for farm uses. Due to the size, shape, soil types and the drainage ditch across the subject property, it has not been successfully farmed. A cover planting of rye grass has been maintained in order to keep the weeds from growing and contaminating the adjacent lands. The subject property is not a profitable farming par,el. Ita mixed soil composition malrea it difficult to ..grow a profitabl~ la'op. The triangular ~ of the par, el; the location of the ditch bisecting the property; and the pr~enc~ of the high voltage tra~mi~ion lin~ along the entir~ ~ border maim it ~y impo~ible to manenv~r normal farm ~quipment on :the ~ite. The location of the site adjacent to Intea~te 5 eliminatea ea~ain customary farming practices, such as field burning, which further m~lr~ the parcel unsuitable for commercial fanning. In addition, this area can not be integrated into other farms. The only other farming activity takes place on the west leg of the triangle. The subject parcel simply does not have good enough quality soil, in sufficient amounts to warrant the expense of acquisition, or the additional eXlXmse required to even try farming it commercially with the adjacent land. The freeway is contiguous along the entire east leg of the triangle. On the other side of the freeway is a large area that is inside the city limits and is zoned for commercial use. On the north leg of the triangle is the remnant of the applicant's protxa'ty whic~h also is inside the city limits and is zoned for industrial use. Therefore these two areas can not and will not integrate this area into a useable fanning tract. Finally, the ,pm'cel could not be cornmerci_'~lly farmed as a stand alone unit, which was fanned by someone who farmed in the area, but not on contiguous ground. The primary reason is lack of suitable access. The only access to this area is through industrial land. Access would come off Highway 219 at Woodland Avenue. It is highly uolilrely that any farmer would risk the traffic congestion movement of farm equipment in this area. In the event Woodland Avenue is not further extended from its present location to the subject property, the 19.6 acres is landlocked entirely. IV. Specific Findings and Conclusions on Need for Industrial Lands In 1980, the city adopted a comprehensive plan, which was acknowledged by DLCD. At the time of adoption of that plan, the city designated a total of 548.5 acres for industrial development. At this time, excluding the applicant's p~, only 57.03 acres of developable land remain in the city to satisfy its current and future need for industrial land. The city, on ~verage, is currently utilizing 55 acres of industrial development per year. This leaves an immediate need for about 110 acres in the next two years. This average absorption is considered a good indicator for industrial land needs in the short term, given the population increase in the city; and the depletion Of industrial lands that have Page 3 - Findings and Conclusions (Davidson Farms, Inc.) IOA 11. · COUNCIL BILL NO. 1635 Exhibit "B", Page 4 of 23 occurred in the past several years. The long term industrial lands needs of the city will be addressed ,luring the next periodic review of the entire Woodbum Comprehensive Plan and impi~menting ordinances. The findings and conclusions here are intended to only address ti~e immediate short terms needs of the city. The proposed modification of the boundary to include 19.6 AC will not completely satisfy the short term industrial needs of the city. However, it is a good start. This UGB amendment will assure that the applicant's prime industrial acreage (the remnant 68.38 acre tract) is made large enough (87.98 acres) to accommodate a variety of different industrial use~, without being compromised by other circumstances that are beyond the control of the property owner. By reconsolidating the parcel into one cohesive developable tract, the city adds not only the 19.6 acres to its inventory, but the 68.38 acre parent tract becomes a much more viable tract for development to meet ,the immediate short term need for industrial land. At 87.98 acres, the tract's size and useable shape improves greatly, and brings the available lands total to 145.01 acres. This will now provide one large cohesive parcel for a single industrial user, or a small to medium siz4xl industrial park, which currently is not available in the city. Although thc 19.6 acre parcel falls below the pure size requirement of the conversion lands study paformed by the applicant, its inclusion is consistent with the findings of that study which looked at smaller parcels which could be joined together to make a larger tract of sufficient size. See in particular the discussion of size requirements on page 2 of the 'Definition of Industrial Lands' .section, where it is stated that smaller parcels may qualify for the 50 acre minimum if they are contiguous and under one ownership. In addition, two or more smaller parcels owned by different people could still qualify for the 50 acre minimum if it seemed advisable for the smaller parcels to be amalgamated for development purposes. In this case, the 19.6 acres is actually a part of the larger tract; is under one ownership and makes up a tract of almost 88 acres when viewed together. This identical analysis was employed throughout the conversion lands study. See in partiodar the following tnu'cels all of which which were considered as one cohesive tract for conversion analysis purposes: pargels 6, 7 and 8 in Sector 1; parcels 14, 15 and 16 in Sector 2; parcels 33 and 34 in Sector 3; pm-eels 35 and 39 in Sector 3; parcels 41, 42 and 43 in Sector 4; parcels 52, 53'and 54 in Sector 4; parcels 48 and 49 in Sector 4; parcels 65 and 66 in Sector 5; parcels 63, 64 and A in Sector 5; and parcels B and C in Sector 5. In the analysis of all .of these parcels, the beat light possible was given to whether or not it was possible to uflize these smaller tracts, either together with contiguous tracts under the same ownership or by amalganmting with other adjoining owners. It is important to point out that the subject property is the only parcel in the city that was split zoned, but still one tract. It is also important to note that aside from parcels 41, 42 and 43 in Sector 4, no other tracts in the city were contiguous to industrial lands as the subject parcel is. 10A Page 4- Findings and Conclusions (Davidson Farms, Inc.) 12. 13. COUNCIL BILL NO. 1635 Exhibit "B", Page 5' of 23 WCP Article IX, C I requires thc city to maintain a sufficiently large enough industrial land base to provide for industrial growth in the city to accommodate the residen~! growth expected. The WCP projects the city's population in the year 2008 to be 18,000. A recent Portland State study has indicated that the city will reach a popuhtion of 18,000 sometime in early 1999. By the year 2008, the city's residential popuhtion will be 20% higher than pwjected. This data indicates that the demand and need for industrial land will be even larger than the current average consumption of 55 acres per year. Industrial parks are the preferred form of industrial growth in the city according to the comprehensive plan. It is highly unusual to find an industrial park on less than 50 acres. Most parks ~ well in excess of 100 acres. Excluding the applicant's property, the largest currently designated industrial site in the city is only 17.95 acres in size. When the 19.6 acre ..,)arcel is joined with its parent parcel, a cohesive tract of almost 88 acres is left. This is large enough to accommodate a small to medium size industrial park. It is customary for industrial parks to have one main access route through it, and the presence of such internal road systems does not harm the park. On the contrary, good internal access is a must. An industrial park by its very nature con~sts of several unrelated industries joined together in one area; served by one access system; all on the same public utilities; and each providing buffering and compatibility for the other. It is not unusual for an industrial park to have different 'cells', or smaller compartments within the overall park design. For purposes of the conversion lands study, as well as here, the size requirement is a gross acreage number, including all of the 'celis' and street systems necessary to serve the park users. The total parksize that would be involved on the subject property is almost 88 acres. This is large e, aough to allow for land loss for intm'nal roadways, buffer areas, unusable comers and y~ to still allow a workable size industrial development. Consideration of potential futu~ land loss is important on this site because of the on-going discussion between the city and ODOT, and during the up-dating of the Woodbum Transportation Plan, a potential transporlafion facility is being considered somewhere on or near the subject property. While this application itself is not concerned with what might happen with the tmnslx~tion plan, since there Ere evidence and findings that this site can operate within acceptable standards using only existing facilities, it is important to view potential impacts that could result if a new transpo~fion facility was sited on this site. Some land loss is inevitable if a transportation facility is built on this land. The amount of the loss, and the impact thereof is best left up to the transportation planning process, as anything here would be pure speculation. However, a few things are known at this time. First of all, ff the existing over-pass facility is rebuilt and reconfigured, the impact on the subject property would be very limited. Few if any acres would be lost, and the contiguity of the site would be retained so that there would be essentially no design IOA Page 5 - ~'~ngs and Conclusions (Davidson Farms, Inc.) 14. CO[I. NCIL BILL NO. 1635 Exhibit #B', Page 6 of 23 limitations. If thc south by-pass configuration of the split diamond is selected, two possible site locations have been discussed. One possible location is on thc tip of the triangular portion of thc subject property. Another is approximately 800' north of thc subject property, approximately bifurcating the applicant's parent parcel.. The 19.6 acre!subject property will contribute towards the city's industrial land needs regardless of which by-pass alignment or location is ultimately selected. The northern location creates two parcels 03 and 48 acres) that can be one integrated industrial park of 81 acres, and when considering the HWI facility as ac/xmlly a part of the industrial park complex, thc total acreage is well over one hundred. Thc size of thc parcels on each side of the by-pass road allow for an intersec/ion to extend Woodland in a southerly direction to provide access and to integrate thc parcels into one cohesive unit. If the northern location were selected, thc Woodland tight of way would remove about 7 acres of land, leaving over 24 acres on the northwest side of the street, backing up to HWI which is about that same size, w~ldng an integrated Uaet there for industrial use of almost 50 acres net. In addition, 38.8 acres in an nice rectangular shape will remain on the southeast side of thc street. Together. this park, with HWI as its anchor, would be large enough to allow an industrial park, and the contemplated 'cell' sizes are large enough to allow a small to medium size industrial use such as HWI, or to be partitioned into smaller sized parcels ff the future need demanded it. Thc southern location creates three parcels (6.4, 24.4 and 38.8 acres) that also can be integrated into one industrial park of almost 70 acres, and when considering the HWI faculty as a part of the industrial complex, the total acreage is approximately 98 acres. Access can be provided to the 6.4 acre site by intersecting with the by-pass road along the western edge of the site where it would match up with Woo~_land. The ~ irregular size of this tract is suitable for integration in the overall industrial park complex, and is ideal as a small site for smaller indusUial m, yet is still se, r~ed with the same public utilities and other sendces that are constructed for thc remainder of thc Regardless of.where the south by-pass is constructed, the 'cell' sites left are very suitable for m~my different kinds of industry that would typically cravitate toward an industrial park setting. Even considering that Woo~_!and Avenue will bisect the remnant, Woodland will simply act as the major route, and can be work~! into the design of the In addition to industrial parks, which generally fulfill the need for smaller parcels, by smaller industries, there is a need to provide for a diversity of available lands to attract other larger industrial users. Most large industrial users will need a minimum of 50 act's, many will require even more acreage. The Target regional distribution warehouse recently selected a site in Albany that is well over 100 acre~ in size. High tech finns, many of whom have been recently sited in the Portland, Tigard, Bcaverton and Tualatin Page 6- Findings and Conclusions (Davidson Farms, Inc.) IOA COUNCIL BILL NO. 1635 Exhibit "B', Page 7 of 23 15. areas, routinely, require a minimum of 100 acres in order to be competitive. An example of thc need for land in the high-tech industry is Siitec in Salem. This business originally sited in the Salem Industrial Park on 18 acres. As the market grew, and after initi:~{ expansion, it had no room for further expansion on site. Siltec was then forced to expand at a different location, where it recently purchased 50 acres outright and acquired an option on another 25 acres. Even with a total of 93 acres, the company is at an economic disadvantage because of the inefficiency in having two different operation locations. In addition to the Siltec and Target examples, the Oregon Economic Development Department provided a list of recent market activity (dated lViareh 27, 1995) showing nine other examples of industrial site acq,,i~ifion, the smallest of which was the Siltec expansion. Other examples included 200 acres in FHllsboro for the Seaport property; 80 acres in Salem for Westpac Industrial; two parcels in the Albany- 1Vfillersburg aYe. a, one for 105 acres and another for 110 acres; Corvallis 300 acres for River Park S~uth; a 300 acre site in Lebanon for Tektronics; and three sites in Springfield, 124 acres to lVlcKenziedOateway, 200 acres to WRlow Creek and 150 acres to Green Hill. Woodburn's own experience, both in actual development over the years, and its counter inquiries is that minimum industrial park sizing must be at least 50 acres. This sizing allows adequate parking, on/offloading, industrial security, buffering, storage, room for expansion and a sufficient building envelope. 16. The applicant has conducted three industrial lands studies of the Woodburn area. Thc first is a study of existing available industrial land inside the UGB. The second is a study of lands outside the UGB to determine where the best area for UGB expansion might be. The final study was of all other lands inside the UOB to determine if any other lands could or should be converted from other uses to industrial uses. These studies confirm the city's belief that there is an extreme shortage of industrial lands now existing in the city; that the West Woodbum area is the only viable location for ~on; and that no other areas already inside the UGB are suitable for conversion to industrial use:Unless stated otherwise herein, the findings and conclusions contained in those reports ~xe adopted by the city in total. - V. Additional Findings and Conclusions The following Additional Findings and Conclusions are hereby adopted by the city in support and justification for its decision in this case. A. COMPLIANCE WITH COMPREHENSIVB PLAN CRITERIA: Sections 1 and 2 of Chapter xm of thc Woodbum Comprehensive Plan require that any change thereof comply with the goals, polices and various elements of the comprehensive plan that are applicable to the quasi-judicial application. This criteria encompasses Sections i and 2 of Article ~, and because of the similarities in issues, will be dealt with under one heading. Page 7'- l~ndings and Conclusions (Davidson Farms, Inc.) IOA .COpNCIL BILL NO. 1635 Exhibit '"B", Page 8 of 23 1. Industrial Land Usc Policies: Comprehensive Plan Article IX, Section C relates to industrial land usc policies in thc City. Several of these policies arc directly applicable to this application. Policy C-1 provides that thc City will maintain a sufficiently large enough industrial land b~se to provide for industrial growth in the City to accommodate the residential growth expected. PoUcy C-2' provides that industrial land should be located near areas where there is easy access to major transportation mutes. Policy C-6 encourages the industrial park concept as the most desirable,form of industrial development. Each of these policies is satisfied by this application. As clearly indicated in thc inventories of industrial land, the City is essentlnlly out of vacant available industrial lands. While there arc a few smsll ~ isolated ~ sca~ throughout the City, there is no one single large tract remaining (aside from the applicant's) for which an industrial park campus type development is available. Industrial developments want neat, clean packages. There are a tremendous number of other communities, including Wilsonville, Tigard, Salem, Eugene and Medford that have large inventories of industrial lands to compete with the City of Woodbum in obt~irdng new industrial lands. Those communities offer incentives by way of reduced pricing, tax brealcs and waiver of development fees in order to attract industry. Woodbum is unique in that its location allows it to successfully com,.l e for businesses and industries without offering those hcentives. It is imperali,~e that this City increase its base of industrial land in order to meet thc needs of its growing population and to maintain a vital and healthy business community. This application does that in a number of ways. 2. Annexation Policies: This application includes a request for annexation of the 19.6 acre parcel. Annexation Policy D-1 provides that it is important for thc City to have enough available vacant land to meet the necessary development anticipated in the City. As a general rule, this policy requires a five year supply of vacant land to meet the City's needs. Annexation should be done judiciously in order to avoid inefficient sprawling development. This application satisfies these very important land use policies. As indicated above, and as demonstrated in the inventory analysis, the City currently does not have a five year supply of vacant available industrial land. Therefore, the addition of this parcel, which will provide for the more efficient use of the Davidson industrial park, directly meets the needs expressed in the annexation pol~cy. IOA Page 8- Findings and Conclusions (Davidson Farms, Inc.) COUNCIL BILL NO. 1635 · Eihibit "B", Page 9 of 23 This application does not involve inefficient sprawl. Simply by looking at the map, one can see that the addition of this triangular piece serves to 'square up' the boundary in this area. Public services are already at the Davidson property) 3. public Service Goals and Policies: This section of the comprehensive plan generally sets forth the goal of the City of Woodburn to provide adequate public services to developable lands in the City. Public services include sewer, water and storm drainage. See specifically goals H-I and policies H-l, H-5 and H-6. These policies also provide that where possible, development should carry the brunt of the cost of extension of these services. As indicated previously, the applicant here was instrumental in bringing public services to west Woodbum including bearing a significant portion of the cost thereof. Those public facilities are now on the applicant's property making the 19.6 acre parcel fully served. 4. Tran _sportation Goals and Policies: Section I of the Comprehensive Plan sets forth the transportation goals and policies of the City of Woodburn. Several of these policies are directly applicable here. It is the goal of the City of Woodburn to provide a safe, effective and efficient transportation system that will accommodate tmffw at a level projected for the year 2000. Unfortunately, given the unexpected rapid growth rate in the City, many of the general projections in the Comprehensive Plan have become obsolete. Transportation planning is one of the areas hardest hit. Adding additional industrial land at this location will not adversely affect the level of Waffic at Woodland and Highway 219, which is the sole access point for the subject property. The city adopts the findings and conclusions of Mr. David G. Larson, traffic engineer, set forth in his lett__~ of March 27, 199//, in which he concludes that the potential use of the subject property for industrial use will satisfy the provisions of OAR 660-12-060(1)(a-c) and (20 (a-c), and that the level of c, affic generated by the additional developments that might occur thereon , even without any major traffic facility improvements in the area, still meets the requirements of oAR 5. Cn'owth Goal: IOA tMr. Davidson led the'private _~t__or contribution for improvements to the sewer and water system to serve this entire area, including HWL 2See the additional findings and comdmiom regarding the lack of impact on traffic facilifie~ by this application in the later section hereof dealing with compliance with C. mal 12 (Transportation). Page 9- Findings and Conclusions (Davidson Farms, Inc.) COUNCIL BILL NO. 1635 Exhibit 'B", Page 10 of 23 According to Comprehensive Plan Goal J-l, it is the City's plan to grow to approximately 18,000 by the year 2008 and that such growth should be accompanied by the provision of necessary public services. This application satisfies this goal. 10A By providing additional industrial lands, jobs will be created so that the increase in .l~opulation will have work close to home. By approving this application, 19.6 acres of industrial land will be added to the City, and assuming a workable transportation plan is adopted, the design capabilities of a 68-acre industrial park are preserved as well. This is the last large industrial piece in th~ City. The City has hopes of attracting a campus-type industrial park development, and th~,'s-is the only parcel in the City that can accommodate that type of development. An industrial base is needed to support the amount of population growth anticipated by the comprehensive p~n. Therefore, it is absolutely imperative that thc City provide a sufficient base of industrial land to provide jobs, and a business oriented tax base to ~ this community There are no costs associated to the public with this application. As noted above, all public services are already to the site. Public services were planned and built to serve the Davidson large industrial parcel, and thc addition of this tract can be served by those existing facilities. 6. Growth and Urb~ization Policies: The Woodbur~ growth and urbani~tion policies are essen~y a summary of several other City goals. These polities provide that growth should be allowed only in those areas where there are public services, or where public services can be phased in pursuant to a master plan, and funded either by the developer or by accumulated systems development changes. In addition, since this application involves expansion of the urban growth boundary and annexation, there is a coordination requirement with Marion County. This application satisfies this goal. The subject property is part of a larger industrial tract that is already served with all public services. Pursuant to the requirements of the Intergovernmental Agreement, Marion County must review and sign-off on this application before it becomes effective. Conversion of the subject property from its current unproductive status to becoming an industrial site makes good sense. This conversion process is at the very heart of this application. Moving unproductive land of small size-and odd shape; without the commitment of public funds or resources; and with the end product of removing a cloud from a 68-acre industrial park and freeing up 19.6 acres of prime industrial land for a city that is in critical shortage of such lands satisfies this policy a~!d provides a short term window of opportunity for the city to work on a long term solution to the shortage of industrial lands in the City. Page 10- l~ndings and Conclusions (Davidson Farms, Inc.) COUNCIL BILL NO. 1635 Exhibit ."B", Page 11 of 23 Policy K-10 provides that the City strive to enhance the livability of the urban growth area by promoting logical and orderly development within the UGB in a cost effective manner. The minor readjustmoaat of the boundary involved herein does promote the logical and orderly development of this community. The current location of the UGB zigzags back and forth along the applicant's propef.'y without reason. By bisecting a single owner parcel, the current location of thoUGB even violates the plan's directive that zone and plan boundaries follow property lines ahd geographic boundaries. In this case, there is no geographic boundary to follow~ and the boundary bisects a single owner parcel, all in violation of the Comprehensive Plan. This application would correct that anomaly by squaring up the boundary and allowing it to follow 10A 7. P~blic Need: There must be a finding of 'public need' . prior to the approval of any change in the comprehensive plan. Public need is detenuined using an 'inventory based' method of study and determination. This detenuination doesu't mean "public" versus "private" need, as the private owners desire to convert a single owned piece of property may very well satisfy the 'public' need under this defm;,tion. % In this determination, the community as a whole must be looked at to see if there is a 'public need'. W/th/n the UGB, two questions must be answered. The first is "What is the current inventory of industrial lands in the City'/' A parcel by parcel analysis must be done to determine how much vacant industrial land is available in the City; what sizes the parcel are; and where they are located. This data must then be compared against current market trends which establish demand for existing industrial land, and the need for more industrial land into the future through the planning period.4 The industrial lands inventory for the City of Woodbum shows very few acres of available industrial land remnin. With appwximately 13 years left for growth within the planning period, the current industrial land base is clearly not sufficient to meet demand. Industrial land has been gobbled up in _this City much faster than what was o 'nginally anticipated. The reason foi this surge in demand for land throughout the City of Woodburn is the population explosion that has occurred, outstripping all projections contained in the comprehensive plan. '~ recent population survey was conducted by the Portlnnd State Population Reseat~ Center. Tl).h study shows a current pop,_d_n_tion of 15,232, up from the 1990 census population of 14,055, and almost at the projected population for the entire comprehensive plan 3Such as a river, creek, canyon, hill or bluff. 4The Woodbum Comprehensive Plan is intended to provide the land use planning guideline for this C~mmulli~y thl'ough ~1~ year 2008. See Page 1, Woodbum Comprehensive Plan. Page 11 - l~ndings and Conclusions (Davidson Farms, Inc.) . CQUNCIL BILL NO. 1635 Exhibit "B", Page 12 of 23 period (2008). In other words, Woodbum's population has grown faster than anyone projected, 1 0A and the comprehensive plan has not kept pace by providing needed lands to satisfy this growth. One of the primary problems of the existing inventory of industrial lands in the City of Woodburn is the lack of any large tract parcels. The industrial land base inventory shows the largest available parcel, excluding the applicant's is only 17.95 acres in size, and the average size of available parcels is just over 6 acres. Of the 17 awilable parcels, 6 are 3 acres or under; 6 are over 3 but under 10 acres; and the other five are between 10 and 18 acres in size. This small tra-~t availability limits the types of industrial uses that can site in the City of Woodbum. Many industrial uses require.well in excess of 20 acres of contiguous land for plant, parking, storage and necessary setback and buffer areas. Currently in the City of Woodburn, no industry of this magnitude can site because there simply is not an available parcel to build on. As previously mentioned, the remnant Davidson Farms parcel is available, however as soon as a potential ir~dustrial user looks at the map and sees the property cut in two by the current potential location of the south bypass, and the uncertainty that causes-the pwperty by way of potentlnl future use restrictions and limited size availability, the developers refuse to consider the parcel further. This decision to look elsewhere is completely understand_~ble. Hundreds of thousands of dollars will be spent on a property for public improvements such as streets, and site improvements, and it is imperative to a developer that there are no future uncertainties. Adding the 19.6 acres will give flexibility in siting a transportation improvement while still leaving a sufficiently large industrial parcel. Davidson Farms constructed the Woodland Avenue extension at its sole expense, among the many other finan~ contributions it has made to the west Woodbum infrastructure. The highest and best use for the Davidson Farms property is undoubtedly for a campus-type industrial park development. By market standards, a campus-type industrial park requires a minimum of 50 acres to be economkmlly and practically feasible. There are no areas left in the City which are large, enough to accommodate this type of industrial park except the Davidson Farms parcel. In discussion with DLCD staff, it was requested that additional information be generated as to whether or not non-industrials areas inside the UGB could be converted to industrial use. The applicant undeilook this study, and its findings again confirmed the belief that no other area in the city is suitable for conversion from some other use to industrial uses. To determine whether any property not currently zoned for induslrial use may be rezoned to alleviate the shortage of industrial lands within the UGB, a working definition of 'industrial ~ applicant's ~ study included only an analysis of lands that were designated for industrial use inside the Woodburn UG~t, nnd did not review any other category of lands. . Page 12 - Findings and Conclusions (Davidson Farms, Inc.) CO~J, NCIL BILL NO. 1635 Exhibit "B', Page 13 of 23 lands' was necessary. Thc applicant in conjunction with staff, consultants and other professionals developed a definition of what qualifies and characteristics were necessary in a piece of prope~y to m~ it suitable for conversion to industrial lands. 10A The elements involved in siting industrial land that were considered as a part of this ~lefmition, in summary form include the following: Size - Thc size of a parcel, or contiguous parcels under one ownership or able to be amalgamated, should be 50 ~ or greater. be Shape - Thc shape of a parcel, or area, must be generally square or rectangular, or be partitioned into such a shape, or be large enough to provide an appropriate size square or rectangular area upon which to site the industrial developmenC Ce Environmental Concerns - There must be no environmental limitations on the site that would inhibit development. Particularly of concern are floodplains, fill areas, wet]ands, slide areas, and hazardous material sites. Topography - The area must be generally fiat, with no abrupt features, and no need for significant cuts or fills in order to be developed. :. Acces~als only - Access to the industrial area must be well oriented to major transportation mutes, without the need to ufliTe local, residential or collector streets for either business, truck or employee traffic. The only two major arterials for this area are Io5 and 99W. f. ,~c~ss/Perimeter only - Access to thc site should be on thc perimeter of the area, leaving the entire area as one contiguous developable tract. Cross streets through the parcel are to be avoided, unless the through street is an arterial with sufficient ability for improvement, and which can be integrated into a workable industrial facility design. Location - The location of an industrial area should be such that it is reasonably compatible with its surroundings, and with neighboring uses. Industrial land shall not abut single family residential areas, dedicated parks or schools. Industrial lands ..~ould be buffered by area separation, natural vegetation or landscaping. Where. possible, industrial uses should be separated from residential areas, dedicated parks and schools by commerdal uses or an area of mixed uses (which could be a mixture of high density residential and commercial uses). Po{~lic Services: - An industrial area must either have all public services already in place, or otherwise be readily available. Public services in this context include sewer, storm drain, water, electricity, natural gas and telephone. All services must be sized to accommodate industrial use in order to qualify for availability. Page 13 - l~ndings and Conclusions (Davidson Farms, Inc.) · COUNCIL BILL NO. 1635 Exhibit "B", Page 14 of 23 Using these elements, a working definition was developed that could be applied to parcels inside '[ OA the UGB to determine if lands not currently designated for industrial use could be converted to industrial use, thereby avoiding the need to expand the UGB at this time. This definition, which the City hereby adopts and endorses, is as follows: 'Industrial lands are lands that are of su2flcient size and shape to allow siting of a variety of industrial type uses. These lands need to either already be served by public services, or are lands which can be economically ~erviced. To be considered for industrial use, lands must not have ~i~ developmental limitations such as topography, presence of floodplains, slide areas or fill material. Industrial lands should be situated in such a way as to allow maximum ease in access to major transportation mutes, but avoid the impacts on local, collector and arterial streets. Industrial lands should be sited, to the extent possible, mvay from residential and public uses, and $hould be clustered in cohesive groups on the fringe areas of the community. When it is necessary, the industrial use should be significantly buffered from residential and public areas by intervening .transition uses such as commercial or mixed use areas.' This definition was then applied to every area and vacant or underdeveloped parcel inside the UGB regardless of its current plan designation. The result of that study, which the City endorses and adopts as its own, is that there are no lands that can be converted to industrial lands. Even considering discretionary allowances to certain parts of the definition for conversion, the best that can be accomplished would be to meet the very short term needs of the City (through perhaps the year 2000), and only then with lands that have significant drawbacks to their use for industrial purposes, and this is assuming that the owners of those parcels would allow conversion, and that neighborhood opposition, or any one of a number of other problems did not stop the conversion. In summary, ',here is a desperate need for additional industrial lands in the City of Woodbum. Not only, is there a shortage of lands period, but there is also a shortage of large size parcels suitable to accommodate a vafi~ of indusUies. If the City of Woodburn were to 'stand pat", more than half of the industries looking for new locations would be precluded from coming to Woodburn simply because there wasn't either enough land or a single tract large enough to accommodate them. This is what creates a true land use 'public need" for an application of this so~ that not only adds industrial land to the inventory, but frees up existing industrial land so that it can be used for its intended purpose. 8. This Land Best Suits The Public Need: Land proposed to be added to the inventory must be considered the land best suited to meet the public need found in the above-referenced criteria. Based on all of the inventory data presented in this case, the subject property satisfies this criteria. Pag~ 14- Findings and Conclusions (Davidson Farms, Inc.) COUNCIL BILL NO. 1635 Ex'h*ibit "B", Page 15 of 23 The Davidson Farms parcel is not only the best suited parcel to meet the need for industrial development in thc land base, but it is also the only parcel that is part of a larger contiguous parcel of industrial land that can be used to fulfill a variety of industrial type needs. 10A Here, no productive farm land is lost, thc Comprehensive Plan is satisfied by realigning its boundaries to follow property boundaries and a large chunk of industrial land which has heretofore not been ptactic~y available to satisfy market demand for industrial land now can fulfill its intended purpose. No other parcel inside the existing urban growth boundary, or around the perimeter"'of the boundary can best fulfill the current need for industrial lands like the present 19.6 acre triangular parcel can. 9. Th~ Land Cannot Be Suitably Used As Is: The last criteria that must be addressed in any change to the Comprehensive Plan is a determination that the land being brought inside the urban growth boundary cannot be reasonably or suitably used as it is presently designated. The subject property is designated primary agriculture and is zoned exclusive farm use. This plan designation and zone is intended primaffiy for commercial farming operations on good quality soil. The subject property is not productive farmland nor can it be made so. The parcel is small in size. It is~triangularly shaped making it very difficult for farm equipment to work the land. A drainage ditch~ traverses the entire length of the property as does a major transmission line and'the footprint of a transmi.zsion tower. The only access to the parcel is from Highway 214 through the Woodland Avenue extension by HWI and through the existing industrial zoned remnant parcel of the applicant. The parcel has only been commercially farmed in a limited way, and currently will only handle a cover crop that is placed on the property simply to lazp the weeds down. It is impossible to imagine a circumstance where the subject property could be used as a commercial farming unit, whether standing alone or if it were possible to integrate with other larger farming uniLs in the B. COMPLIANCE WITH ZONE CODE CRITERIA: In addition to the approval criteria stated in the comprehensive plan, §16.080(a) of the Woodbum Zone Co~ requires either a finding that the o 'nginal plan was in error, or that the community has chan§ed since the original plan was adopted. 6since the ditch k. not considered to be jurisdictional wetlands, it may be piped or filed or diverted to allow maximum use of the property for industrial use. 7This is not pos~ble ss was previously discussed. Page 15- l~ndings and Conclusions (Davidson Farms, Inc.) .COUNCIL BILL NO. 1635 Exfi,~b~t #B', Page 16 of 23 Both of these ~temativc criteria are satisfied by this application. An error did occur when the UGB was ~-awn in a zig-zag fashion along its western border leaving out this 19.6 acre triangle that had always before been a part of its single tract. Given the plan policy to follow property lines,, it must be assumed that an error or mistake was made.. IOA In addition, file Woodburn community has changed significantly since the UGB was originally drawn in the early 1980's. In thc last 14 years, thc growth Woodburn has experienced is far greater than either the 1981 or 1989 projections. This rapid growth has outstripped the City's ability to provide commercial and industrial areas to meet current need, let alone through the planning period in year 2008. C. COMPLIANCE WITH STATEWIDE GOALS AND GUIDELINES: This section of the compliance statement is divided into two component parts. The first part addresses the ex-:eption process; and the second part addresses geaeral goal compliance. 1. Exception Proces~ Generally: The subject property is currently designated and zoned for agriculture use under Goal 3. The land contains soil with class IV or better capability, notwithstanding thc practical physical Umitations to its farmability, mad is therefore subject to resource goal treatment. The exceptions process is found in statewide goal 2 and has beea promulgated into rule form in Oregon Administrative Rule 660-(M-0~ et ~1- There are three type~ of exceptions. The first is based on the concept of the physical development of the property; the second is based on the irrevocably committed nature of the site; and finally, the third rests upon there being adequate reasons for a change in the use of the property. After careful analysis of all three exceptions, the City conclude~ that all three actually apply, but that the most appropriate exception in this case would be the 'reasons" justification. The development of the drainage ditch and transmission tower justify a physically developed exception.~ Also, the subject property is a part of a larger tract under the same ownership. This larg,.x tract has been developed to a large degree. Significant funds have been expeaded building ar access road to thc propcr~ s and in extending sewer and water to the property. In addition'~ the HWI facility has now been fully constructed on the northwest corner of the remnant parcel. AH of these factors irrevocably commit, the subject parcel to urban type dcveiopmcnt. The 'reasons' exception, however, may be thc best suited procedure for the facts of this case so it will be explored in more de~a;! here. SThis is the Woodland Exteasion which intersects Highway 219. Page 16- Findings and Conclusions (Davidson Farms, Inc.) · COUNCIL BJLL NU. 1635 Exhibit "B", Page 17 of 23 IOA An exception need only be taken to the resource goal. No other of the goals are being deviated from, therefore, no addiOonal exceptions must be taken. 2. Reasons Exception: The reasons exception is con_mined in OAR 660-04-020. There are four factors which hi, st be considered when taking an exception to a resouxce goal. These factors are generally' referred to as the "reasons'; the other at'ca justification; the long term environmental impacts; and fio~ally, compatibility. ~h factor is discussed separa~y below. 8.. ~- Reasons must be shown to justify why the resource goat should not apply to the subject propca~. OAR 660-(M-4)2(~)(a). The reasons exception is often x~ferred to as the 'needs' exception because generally, the City must show that there is a demonstrated need for a project, based on one or more of the statewi~e goals; and that the project has a uniqueness or a special quality or feature about it that requires it to be located on the proposed exception site. OAR 66O-O44220). In this case, the reasons for bringing the subject property into the boundary are to correct the mistake of having a single unit ownership split zoned when there is no geographic or other logical reason for the division. In addition, it is the best property now available to meet a portion of the severe demand for industrial land in the City. Finally, this parcel's inclusion will provide additional development acreage to the applicant's remnant parcel which will give it greater ability to satisfy the need for a large single unit tract which could be developed be Other ~,a Justification - Under this criteria, the City must demonstrate that other areas ~ithin the City of Woodbum (which do not require a new exception) cannot reasonably accommodate the proposed use. The conversion lands study referenced above addresses this criteria in det~__ i!, and for sa~ of brevity will not Environmental Immcts - The third factor of this analysis requires that the long term economic, soc~ environmental and energy consequences resulting from the use of ~is land for industrial purpoaea are not ~gnificantly more adverae than would typically result from the industrial use being located in some other area also requiring a goal exception. The ~jeet parcel is part of a larger tract owned by the applicant that lies immediately, to thc nor~. This larger tract is within tho UOB and is zoned IL, light i~dustrial. The land is generally flat; however, a drainage ditch traverses a portion of the property in a north-south direction. The subject parcel is Page 17- lffndings and Conclusions (Davidson Farms, Inc.) · CO.UNCIL BILL NO. 1635 Exhibit "B", Page 18 of 23 currently outside of the UOB, even though it is part of a larger industrial tract that is inside the UGB. Gener',.lly, an exception involves productive land being irrevocably removed from its ag~cultural potential. Here there is no agricultural potential, so the conversion of this land is ideal, as it lessens the impact an exception would otherwise have in decreasing the agricultural inventory base of the county. Because of the unusual shape of the property, a good share of its land mass will be used for parking or outside storage. Both of these types of uses are rehtively benign from an environmental impact standpoint. Also because of the small size, the primary industrial use will undoubtedly be in conjunction with adjoining lands to the north (which already are designated for industrial uses). Given today's technology, and the types of uses allowable in the IL zone to be applied to the subject property, there will be no adverse long term environmental impacts from the inclusion of this land inside the UGB. de ~ - Finally, the applicant must show that the industrial use will be compatible with other adjacent uses, or ff it is not compatible, that it can be made compatible through measures incorporated into the facility design which would reduce those impacts. The proposed industrial use of this property will be compatible with the surrounding area. Thc surrounding area includes the applicant's larger tract zoned light industrial, Interstate 5, HWI, and some agricultural uses. All of these uses are customarily found in and around freeway interchanges, and have tcaditionally been compatible. In this ea~, the HWI facility has been in place next to the agricultural uses for severn1 years without problem or complaint from e~ther side. Considering there will be proper set backs and buffering at the time of site plan appwval for any industrial use being constructed on the site, compatibility can be guaranteed. It is also important to note that access to the interchange vfill be restricted. The future industrial devdopment of the applicant's larger tract will have access only to Woodland Drive and not to the freeway, Highway 219 or to any new transp~.;.rtafion facilities that might be constructed. As noted earlier, traffic engineers have already concluded that this approval will not adversely affect the flow of traffic on Highway 219. 3. ~9~npliance: Goals 1-3 are addressed within the context of the exceptions statement set' forth above. Compliance with the remainder of the applicable goals is discussed as follows: Page 18 - Findings and Conclusions (Davidson Farms, Inc.) COUNCIL E~hibit BILL NO. 1635 #B', Page 19 of 23 Goal 4 - ~ - Thc property is designated as Agriculture by the Marion County Comprehensive Plan Map. There are no forest uses occurring on the property or in the area. Further, the soils on the property do not have a forest lands capacity for the growing of commercial timber. The property is not forest land and therefore this Goal is not applicable, or is otherwise excepted based on the reasons for the Goal 3 exception. Goal 5 - _Open ~_aces. scenic and historic areas and natural resources - There are no identified open Raaco, scenic, historic or natural resource areas identified on or near the subject property, therefore development of the subject property will not adversely affect or impact such areu. The subject property has no identified historic or cultural significance to it, nor are there any energy resourcea; or aggregate resources or fish and wildlife habitats. There is nothing ecologically or scientifically significant about thc property which would require it to remain in open space. Goal 6 - Air. 'rPt~ and land resources quality_ - Goal 6 strives to m~intain and improve the quality of the air;.water and land reso~ in the state of Oregon. This proposed project does not disturb or create problems with the environmental quality of the Slate. This application has no real impact on the air, water and land reso~. The location near the freeway creates a perfect setting for industrial use. Through thc site planning process the city can be assured that when an industrial development does occur on the site, it will be clean and adequately protective of the surrounding environment. In fact the comprehensive plan, as well as the list of allowable uses in the IL zone will limited the types of industries that can be sited to only those deemed to be 'clean'. IOA Coal 7 - Arms subject to natural di~ste~ and hazards - ~ 7 ~ to protect life and property from natural disasters and hazards. There are no identified natural disa~t~'~ or ba~rds on the subject propc~. The subject pwperty h not located in an identified landslide or earthquake zone. NO~e of the property is located within an identified flood pl:aln. Goal 8 - ]Recreational needs - This goal was created to insure that thc recreational needs of the people were ta~e.n care of in the siting of necessary recreational facilities. This pwject does not involve the siting of any recreational fadlities, nor does it involve the removal of any land that could be used for recreational purposes. Goal 9 - Economy of the state - Goal 9 strives to diversify and improve the economy of the state. This proposal does diversify and impwve the economy of northern Marion County. The inclusion of this land inside the UGB will improve the economy of the greater Woodbum area by allowing industrial development to catch up with the population growth of the city, and to provide jobs for the residents of this community. The new industries will consume local goods and services and will contribute a hefty sum in new taxes, all of which help the state regional and local economies. Currently the HWI development on the Davidson parcel adds more than $200,000 annually to the City of Woodbum coffers through property taxes alone. Pag~ 19- Findings and Conclusions (Davidson Farms, Inc.) COUNCIL BILL NO. 1635 E~hibit "B", Page 20 of:23 Goal 10 - Housing - The housing goal is meant to provide for thc housing needs of the 10A citizens of the state of Oregon. This project does not involve thc siting of any residential facilities, nor does it remove any land that could be used for the construction of residential housing of any significant level for the community of Woodbum. Goal 11 - Pu*Jlic facilities and services - This goal is meant to provide a plan for ~evelopment of prolx':ty in a timely, orderly and efficient arrangement of public facilities and services for urban and rural development. The applicant's proposal complies with this goal in that no new public facilities or services will be necessary, nor will any additional pressure for public facilities be cr~.~ by _this project. Davidson Farms has contributed significantly to the placement of infrastructure on the property ahead of development. Goal 12 - ~ - This goal is meant to provide and encourage the safe, convenient and economical ~rtation system within the state of Oregon. This project meets and complies with this goal. There will be no adverse traffic impact associated with this approval. As indicated earlier, this application is being justified on thc basis of thc need for additional industrial lands, and not as a precursor to the Transportation Plan. Nor this reason thc provisions of OAR 660-12-070 are not necessary to address here. However, in discussion with both DLCD and. ODOT, it was concluded that OAR 660-12-060 needed to be addressed. This rule relates to ar/-,eadments to comprehensive plans that significantly affect a transportation facility. This is not ~he case here. Even when reviewing this application without reference to the new by-pass, OAR 660-12- 060 is not applicable. Reference is made to OAR 660-12-060(2) wherein the application of subsection (1) thereo,~ is defined. Applying the criteria of subsection (2), this application will not 'significantly affect a transportation facility'. The city received a report from the applicant's traffic engineer, in which the city concurs, that this 19.6 aores will generate total daily traffic of 2, 456 VPD, of which PM peak would be 274 total trips, 217 exit and 57 enter. Of this traffic, 90% will turn east and disburse, with 7% going north on I-5, 18% going south on I-5 and the remaining 65% going east on Highway 214. The final 10% will go west on Highway 219. This level of traffic will result in LOS 'D' at both ramp terminals and at the Woodland/219 intersection. LOS 'D' is an acceptable level of service. This is achieved with no major improvements to the interchange. It is projected that level of service will ~crease to LOS 'C' once improvements to the interchange occur. Based on this.study, and the opinion of the traffic engineer, the City concludes that adding this additional land to thc industrial land base will not significantly affect a transportation facility, and OAR 66Q-, 12'060(1) is not applicable. Page 20- l~ndings and Conclusions (Davidson Farms, Inc.) · COUNCIL BILL NO. 1635 Exhibit 'B', Page 21 of 23 This information confirms prior information received by the City from its own Iraffic engineeaing consulta~,?9 who indicated in Teelmieal Memorandum //4 to the Woodbum Transportation System Plan that through the year 2015 in thc area west of I-5, which is thc area involved here, that there is sufficient capacity to handle all growth without necessity of any interchange improvements. 10A ':' Additional concerns were expressed about,the premature nature of this application as it relates to thc siting of the south by-pass location. It is the city's position that this appUeafion stands on its merits as an increase in much needed induslxial land base for thc city, and does not prejudge or otherwise commit the City to a particular choice of any transportation alternative whatsoever, let alone any specific siting location. It is underatcgxt that this action will in no way affect thc on-going transportation planning process. In order to assure all parties of this fact, the City will place a condition on this approval that prohibits issuance of any building permit on the subject property until after the transportation planning process is completed as to the I- 5fltighway 214219 fraffic issues. Goal 13 - Enel~] Conservation - The purpose of this goal is to conserve energy in the slate of Oregon. TIM proposal does not involve thc expenditure of any energy resources whatsoever and, therefore, complies with the goal. The subject property is not located on any sources of geothermal or other energy resources so that the u 'tflizafion of the property for industrial uses would not deprive the citizens of the state of Oregon of any energy resources. Goal 14 - Urbanization - This goal is meant to provide for an orderly and efficient transition from rural to urban land uses. This project complies with this goal. The urbanization goal is directly related to the establishment and changing of urban growth boundaries within the Slate of Oregon. This proposed use involves changing the Woodbum UGB by adding the subject property to the UGB. This goal requires an analysis of seven 'establishment factors' in order to justify the amendment of an UGB. These factor's are generally referred to as the 'needs' and 'location.' factors. There :is a demonstrated need. for this change - The demonstrated need for additional industrial land has already been identified, and will not be ~I~ated here. e ! There is a need for employment op_~ortunities and livability - This application will retain 4. large industrial tract as a single unit, and will assist in making the entire tract developable for industrial uses. Once industrial uses are in place, jobs and spin-off economies will assist in $tabilizi~lg the economy of the area. The secondary effect that this request will bring is increased livability to the citizens of Woodbum. Close to home jobs mean lesser commutes and a be.Z~r liveability situation. Greater job opportunities mean a greater number of jobs available as sI~ttelson & Associates, Inc. Page 21 -FindingsandConclusions(DavidsonFarms, Inc.) e COUNCIL BILL NO. 1635 Exhibit 'B',. Page 22 of 23 well as a larger variety of types of jobs. This situation improves thc liveability of the community as young families can select Woodbum as their home, and be assured their will always be good quality jobs available there for them to support themselves. IOA This request is an orderly and economic provision for a public facility_ - The request does not require any public services, as sewer, water, storm drains and a new street are all already in place servicing the subject property. This rea-u~t maximizes thc efficiency of land uses within the UGB - One of thc primary reasons this request is being made is to increase the amount of industrial land presently inside the Woodbum UGB, and to allow the maximum efficiency from the.lands that are already inside the boundary. Environmental. Social. Economic & Energy_ Consequences - This factor requires the consideration of ESg~ consequences of designating the property for urban Thc environmental consequences of designating this property as urban are nonexistent. The site is not within a wildlife habitat area, nor within a flood plain area, nor designated as prime agricultural soils, nor designated as a jurisdictional wetland. There would be some impact to the area during construction of the industrial use, but with the requirements of the zone code for site plan. review, buffer and other environmental safeguards will be built in. Socially, the enhancement of the city's industrial land base and the jobs and econon'dc diversity and improvement that would stem from that will be a significant positive impact on the social fabric of the community. Rete.,ntion of _agricultural land - This factor requires a local jurisdiction to consider thc retention of agricultural land when changing the UGB. Class I soils are to receive the highest priority of retention and Class VI receiving tho lowest priority. The soils on the subject parcel are divided in half, with 50% of the land classified as Dayton soil, Class IVw, and the other 50% classified as Woodbum soils, Class IIw. This proposal involves miring a small, irregular shaped, isohted, non-productive rural parcel and turns it into a highly productive urban parcel. The property has seen limited commercial farming in the past, primarily due to the drainage ditch that bisects the property in half and its triangular shape. From a resource standpoint, this small and relatively unusable 'resource' site is much beaex suited for industrial use than any other parcel because of its unique characteristics. Page 22- Findings and Conclusions (Davidson Farms, 'Inc.) 'COUNCIL BILL NO. 1635 E~hibit UB', Page 23 of 23 Compatibility_ of proposed use with nearby rural uses - The compatibility of the 10A proposed use with the nearby rural uses to the west has already been addressed earlier in the reasons component of this statement and will not be repeated here. Based on these seven factors and considerations, this application satisfies the mandates of Goal 14. Goal 15 - Willamette Greeuway - The property lies outside of the Willamette River Greenway and, therefore the mandates of this goal do not apply. Goals 16 - 19 - ~ - The subject property does not contain any estuarine resources, is not on the coastal shorelands, does not contain any beaches or dunes or ocean resources and, therefore the mandates of goals 16 - 19 do not apply. VI. Ultimate Conclusions of Law Based on all ot~ thc evidence in this record, none of which was ever contradicted, and the findings of fact; addi0.'..onal findings and conclusions rendered herein, the City of Woodbum does hereby conclude that ~ a matter of law the applicant has met its burden of proof on each and every approval criteria, and that thc following actions are approved: 1. The UGB of the City of Woodburn is amended to include the 19.6 acres currently owned by the applicant; and 2. Thc 19.6 acre parcel is hereby annexed to the City of Woodbum; and The 19.6 acre parcel shall be designated for Industrial use in the Woodburn Compreh .ensive Plan; and 4. The 19.6 acre parcel shall be zoned for Light Industrial (IL) use. Page 23 - Findings and Conclusions (Davidson Farms, Inc.) lOB COUNCIL BILL NO. 1639 ORDINANCE NO. AN ORDINANCE ANNEXING INTO THE CITY OF WOODBURN 34,5 ACRES OF PROPERTY LOCATED AT BOONES FERRY AND COUNTRY CLUB ROADS, SOUTH OF VANDERBECK ROAD; AMENDING THE CITY OF WOODBURN ZONING MAP FROM MARION COUNTY 'URBAN TRANSITION FARM' (UTF) TO CITY OF WOODBURN 'SINGLE FAMILY RESIDENTIAL' (RS); AND APPROVING THE PREUMINARY SUBDIVISION PLAT OF SAID PROPERTY; SUBJECT TO THE STANDARDS AND CONDITIONS IMPOSED BY THE WOODBURN PLANNING COMMISSION, AND DECLARING AN EMERGENCY. WHEREAS, the Woodburn Comprehensive Plan and Zoning Map have 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. 94-03, Zone Map Amendment No. 94-05, and Subdivision No. 94-05 and considered all public testimony previously presented; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That subject property is owned by Dorothy Gustafson, Nancy Pool, Mary Alice Cavagnaro and Nancy L. Glatt, and is legally described in Exhibit 'A'. Section 2. That based upon the findings and conclusions contained in Exhibit 'B', the subject property is hereby annexed into the City of Woodburn. Section 3. That the Woodburn Zoning Map is hereby amended, as to the property described in Exhibit 'A" to this ordinance, from Marion County 'Urban Transition Farm' (UTF) to City of Woodburn "Single Family Residential (RS) based upon the findings contained in Exhibit 'B'. Section 4. That the preliminary subdivision plat of said property is approved subject to the conditions end standards approved by the Woodburn Planning Commission and based upon the findings contained in Exhibit 'B'. Section 5. That the annexation, zone map amendment, and preliminary subdivision approval herein are subject to the conditions contained in Exhibit 'C", attached hereto and incorporated herein, that the Council finds reasonable. Section 6. This ordinance being necessary for the immediate preservation of the public peace, health and safety, and emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by Approved as to ,orm..Z~~0~~ ~ ~ City Attorney Page I - COUNCIL BILL NO. ORDINANCE NO. COUNCIL BILL NO. 1639 Exhibit 'A' Page I of 2 lOB The legal description is described as follows: Tracts 8~ 9, 10, 11, 12 and 13 of ELMENDORF ACRES, Marion County, Oregon. SAVE AND EXCEPT: Beginning at the Southeast corner of Lot 9, ELMENDORF ACRES in Township 5 South, Range I West of the Willamette Meridian, Marion County, Oregon, said Southeast corner being the intersection of the West line of a 60 foot roadway with the North line of a 40 foot roadway~ thence North 87' 12' West 180.00 feet along the North line of said-40 foot roadway to an.iron pipe~ thence North 09' 42' East 149.67 feet to an iron pipe~ thence South 85' 17' East 195.84 feet to an iron pipe on the West line of said 60 foot roadway~ thence South 16' 09' West 146.00 feet along said West line to the point of beginning. ALSO SAVE AND EXCEPTs Beginning on the Westerly line of Market Road No. 69, at a point which is North 16' 09' East 159.98 feet and North ?3' 51' West 30.00 feet from the intersection of said Market Road No. 69, with County Road No. 513, said point of beginning being the Northeast corner of a tract of land conveyed to Thomas Gorman by deed recorded in Volume 498, Page 211, Deed Records for Marion County, Oregon~ thence along the arc of a 1939.86 foot radius curve to the right (the chord of which bears North 17° 19'~ 18" East 79.64 feet) a distance of 79.65 feet; thence Nort~ 76° 58' West 127.71 feet~ thence South 13' 01' 30" West 97.21 feet to a point on the' North line of said tract of land~ thence South 85° 17' East 123.04 feet to the place of beginning. COUNCIL BILL NO. 1639 Exhibit "A" Page 2 of 2 1CB ALSO SAVE AND EXCEPT: Beginning on the Westerly line of Market Road No. 69, at a point which is North 16' 09' East 159.98 feet and North 73° 51' West 30.00 feet from the intersection of said Market Road No. 69, with County Road No. 513, 'said point of beginning being the Northeast corner of a tract of land conveyed to Thomas Go.r~an by deed recorded in Volume 498, Page 211, Deed Records_for Mar%on Count Ore on; thence along the arc of a 1939.86 foot Y' g · ' ° 9' radius curve to the right (the chord of which bears North 17 1 18" East 79.64 feet) a distance of 79.65 feet; thence North 76' 58' West 127.71 feet; thence South 13' 01' 30" West 97.21 feet to a point on the North line of said tract of land; thence South 85' 17' East 123.04 feet to the place of beginning. ALSO SAVE AND EXCEPT: B~gi~ning on the Westerly ~}~%_o~ .M~rke~ Road No. 69 at a point which Ks North 14' 09' North 73' 51'.West 30.00 feet from the ~nter~ec~9~ Road No. 69 w~thCounty Road No. 513, sa~d point o~ beg~ .... ~ng oe~ng the Northeast corner of a tract of land conveyed to Thomas Gorman by Deed recorded in Volume 498, Page 211, Deed Records for Marion County, Oregon; thence along ~hearc of a 1939.86 foot radius curve to the rigbt (the chord of which bears North 17' 18' Eas9 7?.64 feet) a d~stance of 79.65 feet to the true point of beglnn~ng. Thence North 76' 58' West 127.71 feet; .thence South 13' 0' 30" West 97.21 feet to a point on the North l~ne of said GormanTract: thence North 85' 17' West'68.17 feet to the Northwest oorne~ of sawn Gorman Tract; thence North 09' 42' East 125 feet to a point; thence South 85' 17' East to a point on the West line of Market Road No. 69; thence Southwesterly along said West line 45 feet, more or less to the true point of beginning. The attached list which i~ hereby made a part of the Certificate has been prepared, by Willamette Valley Title Co~, add empl.oyees. Th~ last of names o~ t~e owners of the p~oper~y furnished herewith, and the descr~ptlons of the properties are accurate and correct and no n~me of any owner of property in the affectred area, or the description of his or her property is omitted from the list furnished. The descriptions furnished are as listed on the current tax roll of Marion County, Oregon. The addresses ~ppearing on the accompanying list are Salem, Oregon unless otherwise stated, and are those found on the current tax roll, Polk-M~rion County Directory, or the current Telephone Directory for Salem and its vicinity. FINDINGS BACKGROUND FACTS COUNCIL BILL NO. Exhibit Page ! of 3 1639 10B -'The applicant has submitted a petition requesting to annex approximately 34.5 acres to "the City of Woodburn. The owners of the subject property have filed the necessary petitions and consent to the proposed annexation. In addition, the applicant requested a zone map change from Marion County Urban Transition Farm (UTF) to City Single Family (RS). The annexation of this site was sought by the applicant in order to receive approval for a single family subdivision. The request is in conformance with the Woodburn Comprehensive Plan and applicable ordinances. Land Area: Approximately 34.5 acres. The property can be identified specifically as Tax Lot 100 5S, lW, Section 7BA, tax account number 92220.040. The subdivision contains 145 single family lots averaging 6.500 square feet· The subject property is bounded by Senior estates to the west, Country Club Road to the south, Boones Ferry Road to the east and Vanderbeck road to the north. 4. General description of the area: f. slopes - relatively flat but slopes gradually towards the east boundary of the site. vegetation - has been farmed in the past. drainage - center of frontage on Boones Ferry. flood area - this site is not identified as being within any flood hazard zone. sewage disposal - service is available on Boones Ferry Road at Tukwila Drive or south of Country Club Road. utilities (gas, electric, tel) - private utilities are available· ANNEXATION FINDINGS Annexation Policies: D-1 This application is in keeping with this policy. The property is contiguous to the city limits. The project is a logical extension of existing residential areas and will connect to existing services adjacent to the site· D-2 The annexation of this property is within the city's urban growth boundary. Conclusion: The applicant's proposal is contiguous to Woodburn's city limits and is confined within the urban growth boundary. RESIDENTIAL FINDINGS COUNCIL BILL Exhibit 'B# Page 2 of 3 1639 Residential Goals and Policies: A-1 The concept that a development should be designed as a neighborhood is one basis of this project. The layout has been completed with short blocks, loop streets and good circulation of pedestrian ways to develop the feeling of a closed neighborhood. A-2 This subdivision will be developed in full compliance of the City of Woodburn zone code, subdivision and park standards, The use of CC&R's will help to insure the development will be maintained in a way that is consistent with standards that are in effect at this time along with those established by the developer. A-3 This project is designed to achieve a moderate density of 4.2 lots per acre. This densiW will meet the goals and policies of the Comprehensive Plan. A-4 The development pattern for this project, has been designed to direct the flow of traffic from the project out to the two major streets in the area, Country Club and Boones Ferry Roads. A-5 This project design was prepared with the consideration of the efficient use of the land and to limit the ability of high speed traffic. Frequent intersections in the block configuration will limit traffic movement and allow for slow traffic speeds. A-6 There are no nonconforming uses within this development, the CC&R's discourage the development of "non-residential" uses within the project. A-8 At this time there are no high traffic generating non-residential uses in the area of this project that will increase traffic flows on the residential streets in this development. Conclusion: The applicant's proposal is in conformance with the residential policies as identified in the Comprehensive Plan. Transportation Goals & Policies: Goal I-1 The project takes into account the need to protect the ability of the q;;ollector streets to move the traffic within the area. Lots that abut these streets will not have direct access to them. Goal I-2 The development has 'been prepared with an internal street system where access to Country Club and Boones Ferry Roads is readily accessible withoUt having to meander through residential areas. The street pattern is also one that will promote COUNCIL BILL NO. Exhibit 'B" Page 3 of 3 the use of alternative modes of transportation within the development. 1639 lOB Goal I-3 The block configuration for this project will allow for the greatest amount of mobility through the development. This will allow walking or bikes as a means of movement within the development. Goal l~4 The street system with standard residential streets and walkways will allow for the movement of bicycle and pedestrian traffic to the two collector streets. Goal I-5 The conditions of approval for this project will include the improvement of the boundary streets to the extent that improvements made will allow for the easier movement of bikes and pedestrians along both Country Club and Boones Ferry Roads. Goal I-6 The internal street system will meet the intent of this goal. Conclusion: The subdivision design meets all street and subdivision standards. Growth and Urbanization Policies: K-1 The extension of public services within this project is in keeping with the City of Woodburn Master Plan. This project will be a logical extension of services to there es of this point in time. K-3 All of the proposed utilities and services for this project will be extended at the cost of the development. The development will be accessed, at the time of the building permits, the current System Development Fees for each lot. This is in keeping with this policy. K-4 This project is located with in the present City of Woodburn Urban Growth Boundary. K-7 This project is designed in keeping with the City's Comprehensive Plan and land use regulations. K-lO This development has been prepared in a manner that promotes the logical and orderly development of the City with a logical extension of services at a cost efficient manner. Conclusion: The proposal meetS the goal requirements regarding the extension of services, conformance with land use designations and being within the city's urban growth boundary. COUNCIL BILL Exhibit Page I of 8 NO. 1639 10B Be Annexation Zone Change t. Provide Planning Staff c) copy of legal survey describing area to be annexed prior to city council hearlno. This will be necessary for City Recorder. SUBDIVISION t. Subclivision approval is subject to approval of annexation and zone change. 2. Comply with comments as submitted by Public Works Department Builcling Department Polioe Department Fire Department Recreation and Parks Department The Intersection at Country .Club shall be reviewed for alignment with connection from the south. 3. Submit two copies of final landscape design to planning department following preliminary approval. Vision clearance. standards shall be met. 4. Plantings shall be .watered regularly and in a manner appropriate for the specific plan species through the first growing season, and dead and dying plants shall be replaced by the applicant during the next planting season. No buildings, struclures, storage of materials, or parldng shall be permitted within the required landscaped and buffer areas. All landscape and buffer areas shall be maintained and kept free of all debris, weeds and tall grass. 5. Provide planning staff a copy of CCJkR's following preliminary approval. . . 1639 COUNCIL BILL NO. Exhibit "C" Page 2 of 8 lOB 6. Provide site obscuring, uniform fence along entire western boundary of development [adjacent to Senior Estates]. This shall be built to city standards prior to any building permit Issuance of the dwellings. 7. Provide a uniform fenc~' built to city standards along the entire frontage of Boones Ferry Road. This shall comply with vision clearance standards and chapter 9 residential standards. Provide a uniform fence built to city standards along Vanderbeck and Country Club Road. This shall comply with vision clearance standards and chapter 9 residential standards. Apply for variance if applicable. 8. Any singage shall be reviewed by the planning deportment. Sign permits shall be Issued by the building official. 9. The applicant should provide for a community facility for the use of the residents of this development. t0. Ail driveways shall access on Internal residential streets. tt. The recorded subdivision plat must be in substantial conformity with the tentative plan for the proposed subdivision. t2. Prior to recordation with Marion. County: The applicant shall submit a copy the subclivislon plat for review by the planning department and public works department. t3. On site construction shall not commence until Improvement plans have been reviewed and approved by the Public Works Department and all right-of-way permits, non-remonstrance consent forms are signed. t4. Final plan shall conform to the construction plan review procedures and standards. 14 COUNCIL BILL NO. 1639 Exhibit #C" Page 3 of 8 108 t 5. Final plan shall conform to the City of Woodburn standard specifications and all state building codes. ~6. Following recordation with Marion County, the applicant shall submit to the planning department three [$] copies of the recorded subdivision plat. lS ! Am SUBDIVISION REVIEW HERITAGE PARK PUBLIC WORKS COUNCIL BILL NO. Exhibit 'C" Page 4 of 8 1639 lOB GENERAL CONDITIONS 1. Final plan shall be platted according to Standard Surveying Practice, approved and recorded within Marion County. Final plans shall conform to the Construction Plan Review Procedures and Standards. ." e Dedicate additional right-of-way adjacent to Boones Ferry Road. The right-of- way shall be 33 feet from centerline. Right-of-way dedications within the subdivision are acceptable, however, 500 foot wide rights-of-way shall require lO-foot wide utility easements on each side. Cul-de-sac right-of-way shall be a 50-foot radius with 5-foot utility easement. The owner/applicant shall be required to enter into an improvement agreement as outlined in the Woodbum Subdivision Ordinance, Chapter 111, Section 6. Existing on-site sewage disposal systems and/or water wells shall be abandoned in conformance with state regulations. 7. No natural storm runoff shall be blocked by this development. All work shall conform to the City of Woodburn standards and specifications and all state building codes. STREET Applicant/owner shall sign a non-remonstrance consent form to pay fair share cost of street improvements on Boones Ferry Road, Country Club Road, and Vanderbeck Lane. Staff will recommend to City Council to initiate a local improvement district for improvements on Country Club Road and Boones Ferry Road or applicant may construct full street improvements at this time subject to a possible reimbursement agreement approved through city council as per Ordinance 1515. Construction plans shall include a full street design and cost estimate for street improvements on Boones Ferry Road, from Country Club Road to Vanderbeck and for Country Club Road from Boones Ferry to Astor Way. A minimum improved Street width of 34 feet is required for all streets within the subdivision. Proposed intersections accessing the development shall be improved to Public Works' requirements. Attachment A DRAINAGE 1. Storm sewer sizing, basin locations, construction plan review process. COUNCIL BILL NO. 1639 Exhibit "C" Page 5 of 8 1 OB etc. will be reviewed during the On-site storm detention shall be required. Peak discharge from the site after · development for the 25-year event shall not be greater than the peak runoff for the 25 year under pre-development conditions. Provide hydraulic analysis. The existing 24-inch diameter storm sewer shown on Tukwila Drive may not be deep enough to serve the entire development. This shall be VERIFIED. How is the maintenance ownership of detention pond proposed to be handled. WATER 1. Minimum water main sizes and extensions shall be as shown on ATTACHMENT 'A', depending on fire hydrant locations, phasing some modifications may be required. Fire protection shall be as per the Woodburn Fire District's Condition of Approval. SANITARY 1. Provide 16-foot utility easement between lots 15 and 16. sanitary stub, from manhole to easement (property line}. Install 8' dia. Sanitary sewer can be served by the existing 12-inch diameter sanitary sewer at the Intersection of Boones Ferry Road and Tukwila Drive if grade permits, or by the existing 15-inch diameter sanitary sewer within Boones Ferry Road south of Country Club Road. #ERITPR[ .! / / "7--..... I COUNCIL BILL NO. 1639 / '! ~r- ~-- ~ ~E_x_h~b~t "C" / ! Page 6 of 8 'lOB / I .I I I I I I I I IJJ UJ ! I , COUNCIL BILL NO. 1639 Exhibit Page 7 of 8 Memo To: Teresa Engeldinger, Planner City of Woodbum From: Bob Benck, Fire Marshal Woodburn Fire District Re: Heritage Park Subdivision Date: Jan. 3, 1995 SITE PLAN REVIEW COMMENTS WOODBURN FIRE DISTRICT A. ACCESS : The Fire District would prefer that all streets which allow on street parking maintain minimum widths of 60 feet. This is imperative if multi story homes are built. Vanderbeck Road is shown as a half street this is not acceptable. B. FIRE FLOW: Minimum flow requirement is 1000 gpm. C. HYDRANTS: Minimum hydrant spacing is 500 feet with no property more than 250 feet from a hydrant. Locations should be indicated on the plans with final acceptance to be-made between the Fire District and City Water Department. D. SPRINKLERS I FDC: None required E; ALARM SYSTEM: Local smoke detectors as required by Oregon Statue and Building Codes. F. PREMISE IDENTIFICATION : Street address numbers must be of contrasting material, with its background and visible from the public way. Street names and address must be approved by the Emergency Communications Center to avoid conflicts with area names and in compliance with local grid system. 1776 Newberg Highway Wood[mm, Oregon 97071 Attachment B COUNCIL BILL NO. 1639 Exhibit "C' Page 8 of 8 1OB SITE PLAN COMMENTS CONTINUED G. CONDITIONS FOR CONSTRUCTION: An on site water supply system must be in place, operational and acceptable to the City of Woodburn. This system along with access to building sites which will support the weight of emergency apparatus must be in place before combustible construction can begin. H. BUILDING PLANS: All construction must comply with Building Codes as adopted by the City of Woodbum. Uniform Fire Code Compliance as adopted by the Woodbum Fire District. Any Fire and Life Safety Review required will be performed by Marion County Building Department and must be completed prior to the beginning of construction. Building permits and approved plans must be maintained on site. Any final inspections required for certificate of occupancy must receive a Fire Prevention Inspection prior to access by the general public. 10C MEMO TO THROUGH FROM DATE : SUBJECT: Mayor and City Councll City Administrator Childs Mary Tennant c~ City Recorder June 2, 1995 ICMA 401(a) Money Purchase Plan RECOMMENDATION: Adopt the attached Council Bill which authorizes a new agreement with the International City Manager's Association (ICMA) Retirement Corporation for the City's 401(A) Money Purchase Plan and Trust. BACKGROUND: In July 1991, the Council passed Resolution No. 1071 establishing the 401(A) Money Purchase Plan and Trust which provided for a defined contribution retirement benefit for Non- Union Management employees who elect to be covered under this type of program rather than the City's defined benefit program through Pacific Mutual Life Insurance. In October 1993, we were advisedbyICMAthat changes in the 401(A) Money Purchase Plan and Trust were necessary in order to keep the Plan in compliance with federal regulations and maintainthe "pre- tax" status of the Plan. ICMARetirement Corporation has submitted and received a favorable opinion fromthe Internal Revenue Service on the Plan, however, Council adoption of the plan amendments is necessary to bring us into full compliance. It should be noted that the agreement, as amended, continuesthe same vesting schedule and contribution level which was originally adopted in 1991. 10C RESOLUTION NO. ~ RESOLUTION ADOPTING THE 401(A) MONEY PURCHASE PLAN AND TRUST IN THE FORM OF THE ICNARETIREMENTCORPORATION PROTOTYPE MONEY PURCHASE PLAN AND TRUST. WHEREAS, Resolution No. 1071, dated July 22, 1991, adopted the original 401(A) Money Purchase Plan and Trust Agreement administered by the ICMARetirement Corporation, and WHEREAS, in order to comply with current federal laws and Internal Revenue Service regulations, it is necessary to adopt a new (401)A Money Purchase Plan and Trust agreement which has received a favorable opinion from the Internal Revenue Service, and WHEREAS, the ICMA Retirement Corporation will continue to administer the plan and the funds held under the plan shall be invested in the ICMA Retirement Trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans, now, therefore, THE CITY OF WOODBURNRESOLVES ~S FOLLOWS: Section 1. That the City of Woodburn hereby adopts the money purchase retirement plan (the "Plan") in the form of the ICMARetirement Corporation Prototype Money Purchase Plan and Trust Agreement pursuant to the specific provisions of the Adoption Agreement, a copy is attached hereto and, by this reference, incorporated herein. Section 2. That the city of Woodburn hereby agrees to serve as trustee under the Plan and to invest all funds held under the Plan in the ICMA Retirement Trust. The City Administrator shall be the coordinator for the Plan and shall receive necessary reports, notices, etc. from the ICMARetirement Corporation or the ICMARetirementTrust, and shall cast, on behalf of the City, any required votes under the ICMA Retirement Trust. Administrative duties relating to the plan may be further delegated to appropriate departments. Section 3. That the city Administrator and City Recorder are hereby authorized to execute all necessary agreements with the ICMA Retirement Corporation incidental to the administration of the Plan. Apgroved as to form: city Attorney Date APPROVED NANCY A. KIRKSEY, MAYOR Page 1 - COUNCIL BILL NO. RESOLUTION NO. 1OD City of Woodburn Police Department MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071(503) 982-2345 Ext. 351 Don Eubank Operations Lieutenant Date: May 18, 1995 Mayor and Council Ken Wright, Chief Chris Childs, City Administrator RE: Fourth of July Celebration Requests 1. Insurance Coverage 2. Sound Amplification For the past two years I have been looking for a club/organization to take over the Fund raising for the Games, Fireworks and associated costs. I have been in contact with the Woodburn Kiwanis Club (Noon club). The have agreed to take on this task. After an audit of the current Fireworks account, remaining monies will be transferred to their account. Even though the Kiwanis Club will do the fund raising and maintain the Fireworks account, I am requesting the City to continue to provide Liability Insurance for the Games and Fireworks display along with workers Compensation Coverage. The Kiwanis Club will pay the fee for the Workers Compensation Coverage as required. By 'providing insurance coverage, this will promulgate the cities dedication to a truly "CITY WIDE EVENT". As General Chairman and Coordinator of the 4th of July Celebration I am requesting City Liability Insurance coverage for two (2) activities on the 4th of July, 1995. The events include the "Fifth Annual Old Fashion 4th of July Picnic with fun, games and then the fireworks show. All events will again be held at the Woodburn High School starting about 10:OO am and will conclude around 11 :O0 pm. The other insurance Coverage necessary for this and future years is Workers Compensation Insurance for those actually involved in the Fireworks set up and lighting of fireworks. I have contacted Mary Tennant who will contact the city insurance carrier for this coverage. For 8-10 individuals, the cost is approximately $50.00. The 4th Committee through the Kiwanis Club will pay/reimburse this'.fee to the city if this request is granted. 1OD We are also requesting permission for the use of amplifying devices for the days activities for the games, the race and music. Attached is a tentative schedule of events for the 4th for your review.' Our fund goal for this year is $7,000. Fireworks alone cost $5,000. Thank you for you consideration in this matter and if possible please plan on attending this event as it is truly a community celebration. If you wish to volunteer to help with this great event, please contact myself of Vee Ott. J~J. LI¥ .l.l¥ .l_r]F_, Z- U~¥,. ZT U.l¥, Z' U.I¥/ WO OD'B, URN:' S 4TH oF jULY CE L E'B R I':O.N £ecrtudn g "the Best l~re works Ever" · ' ---6:00 am' to 11:00 am --- with a Start your day Chuekwagon Breakfast at Legion Park sponsored by the French Prairie.Kiwanis Clulo . .... 12:00 Noon---- .. Old Fashioned 4th ,of-July City'Picnic Bring your [emily and picnic to the Woodburn High School for an Old Fashioned 4'th of J.uly Picnic & Games for All Ages': Noon- Softba// Throw l : 30 p. m. Football ~.row 3:00 p.m. F~$ee ~row .. 4:30 p.m. Sack £~¢e~ 5:3.0 p.m. Pifiata~ for Chffdren FREE WATERMELON *** HOT DOGS - 25¢ *** PEPSI -25¢ Fire~orks& :Pr ame Show at the Woodburn High Seh~,V~-Pa~ Lots. & Athletic Fields Opening Remarks: Dan Eubank, Chairman .- Greg OlsO/~, President Elect; Woodburn Kiwanis ^rturo Flores, FireWor~ Funa'raising Chairman · Entertainment: , p 'Music Ioy J.T: & The Tourists standing music [rom these Eras - 50's, 50'% 70*s 80's & 90~s and Classics, Country, Blues, and Reggae 'TheBe~tFire~ork.t/_,~__---r~,S ~ Ever r~negsnauser ramuy ~ ~rew Sit baclc in your easy chair ih the field at Woodburn High'School and enjoy the s. howl. 4th .of'July· Celebration & Activities Chairman, Don Eubank' Participating Organizations: Comeback Campaign & KiWanis Club IOE TO: THROUGH: FROM: SUBJECT: City Administrator for Council Action Public Works Director Julie Moore, C.E. Tech III ~ NO PARKING Request along Country Club Road, Rainier Road and Oregon Way (portions of the Realignment Project) DATE: June 8, 1995 I~ECO~ENDATION: It is recommended approval be given to install NO PARKING signs along Country Club Road, Rainier Road and Oregon Way in the area of the new realignment (as shown on the attached map). BACKGROUND: Concerns have been expressed regarding vehicles parking in the area of the new realignment on Country Club Road near Hwy. 214. The roadway has recently been widened to 39 feet to allow for two lanes of traffic and a center continuous lef~ turn lane with no allowance for on street parking. These lanes are provided for easier vehicular movement and stacking distance for the traffic signal located at Hwy. 214. The Transportation and Traffic Engineering Handbook states that parked vehicles in the vicinity of a signalized intersection reduces the space available for traffic movement and as a result decreases the carrying capacity of the intersection. Therefore, it is recommended that NO PARKING signs be installed on Country Club Road, Rainier Road and Oregon Way as shown on the attached map. This will increase safety on the roadway and carrying capacity of the intersection. I I I I · I IOE 1OF TO: FROM: SUBJECT: DATE: City Administrator for Council Action Randy Scott, CE Tech III, through Public Works Director ~'-'i' Acceptance of Public Right-of-Way, National Way June 7, 1995 RECOMMENDATION: It is being recommended that the city council accept the attached public right-of-way, as described on Attachment "A". BACKGROUND: The right-of-way being conveyed will provide a right-of-way radius of 78 feet in width, the necessary area to construct a 55-foot wide radius cul-de-sac turn around at the end of National Way. It is being conveyed in conjunction with, and as a condition of approval for, the Fleetwood Homes building expansion, Site Plan Review Case 94-06, previously brought before the council. The right-of-way to be conveyed is described on Attachment 'A" and an area map provided on Attachment 'B". RS:lg NATL'WAY.CC ATTACHMENT." A" -' · . , wAmtt~rv DE~ ~OW~ ~B~ ~ ~, ~ ~OOD HOM~ OF O~GON, INC. ~ ~ ~ ~, ,r ~ ~~ ~ ~, ~ ~~ ~ ~ OF WOODBURN, A MUNICIP~ ~~ON, ~ ~ M~ ~ ~ of ~g~, ~ ~ f~, ~: A ~r~ of ~ ~t~ ~ ~ SE 114 ~ 5 a~ NE 1/4, ~on 8; T.5 S.; RAW.; W.M.; a ~ of pamel 1 of pa~ ~t 9~15 a~ a ~ ~ ~mel 2 of ~ plat 9~1 ~ of W~m, M~on ~unW, Omg~ m~ ~~ ~ aa fol~ws: ~mm~ ~ ~ ~ ~ ~ ~ 2 ~ ~n ~t 9~1 ~ N 32~2'35' E ~g ~ ~ ~ht ~ ~y ~ N~ Way 324.~ f~ m ~ ~ ~ ~ ~i~; ~ ~ 3~.81 f~t a~ ~ ~a ~~ ~ a ~ ~78.~ f~ a~ ~28~'~' ~ a ~ ~g of S ~'24'E ~ ~ d~ of 92.71 m ~ ~m~ ~ ~ ~ ~M ~ ~ of N~ Way; ~ N 32~2'35' E ~ ~ ~ fl~ ~ w~ 97.02 ~ ~ N 5~5'02' W ~.~ f~ m ~ ~ ~ ~ ~ ~ ~ Way; ~ S 32~2'35' W 75.~6 ~ ~ ~ ~ ~t ~ ~y ~ ~ ~ ~i~. ~ ~1 ~i~ 0.23 ~. · o Eav¢ a~ to ~o~ t~ z~e ~ate the tam grent¢¢ a~ grantee's kelrt, tnccsttert ~ ~tig~ ~erevtr. ~ taiE grantor ~rtby cow~mt re ~ with taiE grantee ~ gr~ee't ~irt, tnccettort ~ ~tig~, th~ ut that grantor will warrant and for~Ycr d~fend the said prcmit~t and avery po~t and imrvcl thereof against the wful claims and demands of all persons whomsoever, steps thoec claiming andcr th~ abovu dcxvribud ~cumbrancet. The true and actp. al consideration paid/or this transfer, crated in t~mt of dollars, it SO. O0 . r. owcver, the actual contidtrutioa consitte of or includee othtr property or value given or prornieed which it the '~ole/part of ti~ contid~ration (indicate which).: (Thc sentence between thc symbolS, O' not appllcabt~, should be 'luted. See 0R$95.050.) In construing this deed and where the coattxt to requlrel, the elngular inclndst the plural and ali grammatical ~anget shall bt implied to m~kt tk~ provitions hereof apply equally to corporations and to individuals. a corporate greater, It hat casted itt tum~ to be signed and itt ual a~Ori~d by ss o. Oqcer or other person duly cthorlzed to do to by order of itt board of director#. t15 INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DE- :RISED IN THIS INSTRUMENT IN VIOLATION OF APPUCASLE LAND ~E LAWS AND REGULATIONS. RFORE SIGNING OR ACCEPTING IlS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE :OPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR )UNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. % ~tl-~am .. Lea~: Vice Prc~stdent FleeWood Hoaes of Oregon, Inc, STATE OF OREGON. County of This Instrument wes acknowledged before mu on This Instrument wet acknowledged before me on cepted by the by ~odburn City Council as ,1995 of , 1995, , 199'5, :y Recorder Notary Public for OrGgon My commission expires 10F GKANTON'N NAME AND ADDRESS NAME, ADDRF~It, ZIP RECORDER'S USE STATE OF OREGO~V, County of Marion I cer~t'y that t~ within ~nt w~ rnc~lved for record on the in book/r~tl/vol~ ~o.~ ,on page or mtat/mi~o~/r~ctption No , Record of D~ o/ taid vou~. ~t~tt my k~ a~ t~al of Coun~ ~ed. Nome Ti~ By 04p~ty CA~..IFORNIA ALL-PURPOSE ACKNOWLEDGMENT '" 1 OF State of County of '~i b'~,/~ On /c~.~ /~, ' / pemonally appeared [~ersonally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL ...CORPORATE OFFICER [] PARTNER(S) [] UMITED [] GENERAL [] A'I-rORNEY-IN-FACT I-] TRUSTEE(S) [] GUARDIAN/CONSERVATOR !--IOTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE ~1993 NATIONAL NOTARY ASSOCIATION · 8236 Remme~ Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 ATTACHMENT "B" 1 OF %: RADIUs O0 " lOG MEMO TO: FROM: SUBJECT: DATE: City Council through City Administ~ _/~~~/~ .~z.- Public Works Program Manager. S" ' -- Used Pickup Bid June 8, 1995 RECOMMENDATION: Reject all bids received for City of Woodburn Bid No. 95-18 for a used pickup truck. BACKGROUND: City of Woodburn bid number 95-18 for a used pickup truck was opened and read at 4:00 pm on June 7, 1995. Results were: Bidder Amount Traschal Buick-GMC Colvin Auto Center Colvin Auto Center 0,169.00 0,400.00 2,500.00 All offered pickups did not meet required specifications and exceeded the amount of budgeted funds. All bids should be rejected. Staff is currently evaluating how best to fulfill the need for this vehicle for the building official. Various options will be considered, including carry over of the funds and rebudgeting with some modifications, and council will be advised if action is required. 1OH CITY OF WOODBURN POLICE DEPARTMENT 270 Montgomery St~'~ Woodburn, Oregon 97071 Paul E. Null Patrol Operations Lieutenant 982-2345 Ext.352 Date: June 8, 1995 /~,xMayor and City Council To: Thru~ ~ ~en Wright, Chief Re: ~'-~~AhrilexSanCd~d~'ouCi~ty-~dmtree~lct~si°r~ The residence of Alexandra Court are requesting they be allowed to close their street for a neighborhood Forth of July celebration on July 4, 1995 from 10:00 am to 11:00 p.m.. The residence of Alexandra Court have been allowed to close their street for the past several years for this event. The Woodbum Police Department have documented no incidents of concern at this event and supports such neighborhood functions. RECOMMENDATION The Woodbum City Council approve street closure of Alexandra Court on July 4, 1995, from 10:00 to 11:00 p.m. for the purpose of a neighborhood Fourth of July celebration. 1OH We, the neighbors affected, request permission to close Alexandra Court to traffic in order to have our annual Fourth of July party. We would be setting up barriers at 10:00 a.m. and will remox~e them by 11:00 p.m. Room will be left for an emergency vehicles to pass throat... [ Mark & Melissa Willcoek B-i'lJ & l~ie Mu~e~r 1420 Alexandra Ave. Hareld & Virginil/James 1435 .Alexandra Court /? Claudio & Anne ' 1415 Alexandra Court 4. .-fi,~. C.<,~,.~. ~.'~..~ .; 7. wifliam & Lyn Crocker 1395 Alexandra Court 1450 Alexandra Ave. J.ck & v,.<tty c i o iefr' 1430 Alexandra Court Roi~r~ & Arlene Co1~3,- ,/ ~ 10 Alexandra Cqurt 1/da~ifi'& Chris~ ~l~iJer ' 1400 Alexandra Court Rob & Che~d lv~f ' 1375 Ai~xandra Court Mike & Maureen Webb 1380 Alexandra Court started FOURTH OF JULY PARTY It's that time again...the planning for our neighborhood 4th of July Party has 1OH This year, as in the past, the street w/Il be "closed" around 10:00 a.m. If you have a portable barbecue we would appreciate it if you could bring it to the end of the Court around 10:00. We'll start thc grills aborn 11:30 and cooking should begin around 12 noon. Bring what ever you would like to grill down to the end of the court and find an open spot. Please bring a side dish for all to share (i.e. salad, baked beans, etc.), your own plates and utensils and your choice of drinks. Coolers will be located near the end of the Court with the tables and chairs. Dessert will be provided. After lunch we can sit and talk (or take a nap) and then gather again for dinner if you 'like (we always have plenty of food left over). Later that evening, as dusk approaches, we will gather at the end of the Court to set off fireworks for the "kids". If you'd like to come, bring your sparklers/fireworks and join in with us kids. Afterwards, the city will be putting on their fireworks display, and if as in years past we can view the spectacle from Bill and Maggie's lawn, just bring down your chairs and blankets. If you have any suggestions or comments, please pass them on to either Anne Lima (9814413) or Cheryl Mill (981-6212). HOPE TO SEE YOU THERE!!! City of Woodburn Police Department MEMORANDUM 101 O70 Montgomery Street n Eubank, Lieutenant riminal Operations Woodburn, Oregon 97071 (503) 982-2345 Ext. 351 Date: May 25, 1995 To: Thru: Subject: Mayor & City~ Ken Wright, Chris Childs, strator STAFF REPORT Donation of $800.00 By the J.M. Smuckers Employees For the DRUG ABUSE RESISTANCE EDUCATION (I).A.R.E.) PROGRAM The Woodbum Police Department recently received a donation from the Employees of the J.M. Smuckers Company to help support the Drag Abuse Resistance Education (D.A.R.E.) Program. The D.A.R.E. Program is taught by the Woodbum Police Department in all grade schools in the city of Woodbum. Students who are in the 5th grade receive this valuable class. This program is presented to the students of Woodbum through a partnership between the Woodbum Police Department and the Woodbum School District. The quality of the program is greatly enhanced when supported by the community. The Employees of the J.M. Smucker Company are to be commended for 'DARING TO CARE.' Their most generous donation and support is greatly appreciated and we thank them for stepping forward and "getting involved". Recommendation: The Woodburn City Council accept this donation of $800.00 from Employees of the J.M. Smuekers Company for the D.A.R.E. Program. 14A MEMO TO: Mayor and Administrator City Council through City FROM: Planning Commission ~L.~. SUBJECT: Site Plan Review #95-05 Richert and Associates Super 8 Motel DATE: June 5, 1995 At their hearing of May 25, 1995 the Planning Commission approved, with conditions, a 104 unit Super 8 Motel. Attached are project statistics, elevations and site plan. DESIGN DEVELOPMENT DRAWINGS. 1 4A SUPER 8 MOTEL EVERGREEN ROAD WOODBURN, OREGON SITE DEVELOPMENT APPLICATION Owner: Peninsula Group 751 5 Terminal St. SW Tumwater, WA 98501 (360) 943-8000 Submitted by: Richert & Associates - Architects 9311 SE 36th St. #110 Mercer Island, WA 98040 (206) 232-1 700 PR~)I ECl' STATISTICS: SITE DATA: Tax Lot: Map Number. Dimensions: Site Area: PROJECT DATA: Building Footprint Area: Parking/Roadway/Sidewalk Area: Parking/Building Area: Parking Landscape Area: Total Landscape Area: BUILDING DATA: 1 st Floor Building Area: 2nd Floor Building Area: 3rd Floor Building Area: Total Building Area: Building Height: 500 & 602 5-Wl 2C 212' x 354' 75,246 s.f. (1.73 acre) 15,380 s.f. (20 ~) 43,260 s.f. (58 ~ 58,640 s.f. (78 ~ 9,260 s.f. (12 ~ - 10 % Required 16,606 s.f. (22 %) - 1 5 % Required 15,281 s.f. 12,973 s.f. 13,488 s.f. 41,742 s.f. (3 Stories) 37' - 0" Maximum RECEIVED MAY 1995 7570spr2.doc Page 1 S/AT[ HIGHWAY ~ ,2'14 WQ'OOII,/I~N ~ I MOTE~. WO, OOiUf#4 T~GO MA$'TEI~ 81TE PLAN 14A STACY ALU,SON WAY ROGI:'R R. RICHI~RT -- ~CHITE~CI' RICHERT & A~OCIATE~ I$II SoMl~oi4 ~ ST. ilt(] LAND$¢&i)! G PL&N 14A 14B TO: FROM: SUBJECT: DATE: MEMO MAYOR AND CITY COUNCIL THROUGH CITY ADMINISTRATOR COMMUNITY DEVELOPMENT DEPARTMENT LaPOINT TEXACO SITE PLAN NO. 95-10 JUNE 6, 1995 Planning staff has set July 10, 1995, as the hearing date for the City Council to consider an appeal of the decision of the Woodburn Planning Commission to allow the development of the La Point Texaco on Lawson Street, one block south of Highway 214. 15A TO: MEMO Mayor and City Council FROM: Chris Childs, City Administrator New RSVP Program Coordinator June 8, 1995 SUBJ.: DATE: This is to advise the Council that Colleen J. Reed has been hired as our new RSVP program Coordinator. Ms. Reed's first day with the City will be Monday, June 12, 1995. Ms. Reed is a graduate of Humboldt State University with dual degrees in English and Spanish, studied at Cai State/Sacramento for a secondary education teaching credential, and has completed a Long-Term Health Care Administration post- Baccalaureate program at SW Texas State University. She was most recently employed by Meridian Park Hospital in Tualatin. Ms. Reed made a very positive impression on everyone involved in the recruitment/interview process. Any proposed appointment to this position must also be approved by the federal ACTION agency and, in that regard, Ms. Reed 'passed with flying colors". We look forward to having Colleen Reed as part of the City organization and being able to apply her energies to the benefit of this valuable program. As we make this transition, I also want to acknowledge the contribution made to the RSVP program made by Chris Breshears, who has served as Interim Coordinator for the past two months. Chris has very ably and professionally kept the program on track and paved the way for a smooth transition to the leadership of our new Coordinator. 15B TO: .,FROM: SUBJ.: DATE: MEMO Mayor and City Council Chris Childs, City Administrator Status Report - TIF Task Force June 8, 1995 Council will recall authorizing the City Administrator to assemble a "task force" to review our Transportation Impact Fees (TIFs) and System Development Charges (SDCs) as they pertain to the Downtown Historic District. The Task Force has had several productive and informative meetings, and anticipates perhaps one or two more sessions prior to making a recommendation back to the Council. The group did not meet during the month of May in deference to a request by representatives of the Woodburn Downtown Association to allow the association to discuss the issue and perhaps provide input to the Task Force. To date, we have not heard back from that group. Task Force members include Dick Pugh (City Council), James Atkinson (Planning Commission), Terry Will (Budget Committee), Brent Reddaway (Downtown Assoc.) and Jose Castro (Downtown Assoc.). Staff support has been provided by the Community Development Director, Public Works Director and City Administrator. 15C MEMO TO: FROM: SUBJECT: DATE: MAYOR AND CITY COUNCIL THROUGH CITY ADMINISTRATOR COMMUNITY DEVELOPMENT DEPARTMENT%~. TREE DONATION AND PLANTING PROJECT JUNE 8t 1995 The Community Development Department has recently been notified by Portland General Electric oft he availability of a number of trees that will be donated to the City. This is in response to the Planning Departments efforts to acquire grant money from the Department of Forestry. This program is going to be a joint effort between the City of Woodburn, Portland General Electric (PGE), and the Woodburn Chamber of Commerce. The donated trees need to be planted at the earliest possible date due to the lateness of the year. Therefore, it is essential that all parties involved work quickly in order to place the trees. The trees were donated to the city of Woodburn by PGE with the intent they will be used as street trees. The objective is to enhance the livability and aesthetics of properties that abut public Rights Of Way and public open spaces. The targeted area is Highway 99E from North City Limits to South City Limits on both sides of the Highway. TREE TYPE AND QUANTITY - (Exhibit i shows detailed information aboutthe various trees) TYPE 10 5 16 1 9 41 Yoshino Flowering Cherry Prunus x Yedoensis Golden Rain Koelreuteria paniculata Hawthorns Crataegus (many species) Hedge Maple Acer campestre 'Queen Elizabeth' JaPanese Snowbell Styraxjaponica TOTAL 15C LOCATION OF PLANTINGS: A. TARGET AREA The area from North city limits to South city limits along Highway 99E on both sides of the Highway. The targeted businesses are the ones which currently have little or no existing landscaping (vegetation). This rating evaluation was conducted byan on site survey and with pictures taken of the area. Refer to Rating Criteria in the following discussion. B. STUDY AREA MAP Ce A map was created of the study area and is used as an illustration. This map will be used to identify the target areas for easy reference. A target area map will be created once the businesses have agreed to participate. This map will show where the trees are going to be planted in relation to the existing roadway and buildings. CONTACTS: The trees are going to be delivered approximately June 13, 1995 by PGE. The storage space needs to be prepared and maintenance of the trees from time of delivery to time'of planting needs to be outlined. Speak to State Highway Division about Hwy 99E R.O.W. Write. informational letter to targeted property owners which'' describes the tree donations and planting agreements. Set up meetings with participating business owners in order to see how many trees they want and to describe agreements. PLANTING AND EXCAVATION: Create a schedule with property owners and the city to excavate and plant trees. This includes setting up a time to cut concrete. All this workwould be done after the agreements would be signed bythe property owners and the city. 15C RATING CRITERIA RATING LEVEL DESCRIPTION FOR RATING 3 This level describes property that has absolutely no vegetation or landscaping. This rating level for property holds the highest priority for tree donation. This level describes property which has some vegetation and landscaping but could use considerable improvement. Property rated at this level is still a high priority for tree donations. This level describes property where there is substantial vegetation and landscaping. Property rated at this level should not be a priority for tree donations. Vacant land is also in this rating due to the fact any type of development would require landscaping. 15D MEMO TO: FROM: SUBJECT: DATE: City Council through City Administrator Public Works Program Manager Railroad Crossing Work June 8, 1995 Southern Pacific Railroad crews completed work on the Young Street rubber crossing replacement on June 7, 199§. The railroad crews are also scheduled to do work on the Settlemier Avenue/Boones Ferry Road crossing, They will be removing existing asphalt, doing repair work on the crossing, and replacing asphalt with a slightly wider crossing, It is anticipated that they will start this work on June 12 and that it should be completed by June 16,. The roadway will be closed and traffic detoured during this work, The city may have to do some work to match the existing roadway to the widened crossing, MEMO TO: FROM: SUI~IECT: DATE: Community Development Director Bob Arzoian, Building Inspector ~ Building Activity for MAY, 1995 June 6, 1995 15E New Residence Value Multi Family Residmtial Adds & Airs Industrial Comme~ Value Signs, Fmce~, Drive Mobile Homes MAY 1993 Ho. Dollar Amt 2 232,000 0 0 8 38,150 0 0 0 0 7 6,100 1 35,000 MAY 1994 4 443,585 0 0 12 110,276 1 6,100 1 27,000 10 8,950 1 33,000 MAY 1995 lq0. Do]la* ~ 3 410,500 0 0 11 76,075 0 0 I 181,400 5 4,500 1 53,000 July 1-Ju~ 30 Fiscal Year-to-Date 18 311,250 $ 9.839.931 29 628,911 $20.094.366 21 725,475 ~15~085~294 Robert Arzoian Buildhg Official R$:bw BLDACT05.95