Ord 2255 - Grant App Dev 99-01
COUNCIL BILL NO. 2019
ORDINANCE NO. 2255
AN ORDINANCE GRANTING AN APPLICATION FOR PLANNED UNIT
DEVELOPMENT 99-01 FOR STAGE II DESIGN REVIEW AND MINOR PARTITION
99-05; ADOPTING FINDINGS; IMPOSING CERTAIN CONDmONS OF APPROVAL;
AND DECLARING AN EMERGENCY.
WHEREAS, on December 9, 1999, the Woodburn Planning Commission adopted a final
order denying an application for Planned Unit Development 99-01 for Stage II Design Review;
and Minor Partition 99-05; and
WHEREAS, this denial was appealed to the Woodburn City Council by the applicant; and
WHEREAS, the City Council conducted a public hearing on the application on January
17,2000; and
WHEREAS, in response to the concerns expressed by the Planning Commission, the
applicant made certain changes to its proposal which are in substantial conformance with the
original application; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That the real property which is subject to this application by United Properties
Oregon, Inc., (the contract purchaser) is described in Attachment "A:' which is affixed hereto.
Section 2. That based upon the Findings and Conclusions which are affixed hereto as
Attachment "B," the application on the subject property is granted.
Section 3. That the application is subject to the Conditions of Approval contained in
Attachment "C," which is affixed hereto and which the Council finds reasonable.
Section 4. That the application is also subject to two additional conditions imposed by the
Woodburn City Council, as follows:
A. That the Covenants, Conditions and Restrictions (CC &R's) be recorded
by the applicant in the deed records of Marion County.
B. That the Woodburn Planning Department record the Conditions of
Approval in the deed records of Marion County.
Section 5. This ordinance being necessary for the public peace, health and safety, an
Page 1 - COUNCIL BILL NO. 2019
ORDINANCE NO. 2255
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emergency is declared to exist and this ordinance shall take effect immediately upon passage by
the Council and approval by the Mayor._ tl /\
APprovedastO[Ormm0-'r ~ I - 21- Z 0" (l
City Attorney Date
Approved: (~,g.~ 6
Richard Jennings, Ma r
Passed by the Council Januarv 24. 2000
Submitted to the Mayor January 25, 2000
Approved by the Mayor Januarv 25. ?Onn
January 25, 2000
Mary nnant City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2019
ORDINANCE NO. 2255
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ATTACHMENT "B"
FINDINGS AND CONCLUSIONS
MINOR PARTITION 99-05
PLANNED UNIT DEVELOPMENT 99-01
STAGE II DESIGN REVIEW
RELEVANT FACTS:
The proposed development is located east of Hazelnut Drive and wraps around the OGA
golf course. The property is bounded on the north side by the City's Urban Growth
Boundary and to the west and south by the golf course and single family residences. This
property is one of the last two residential "housing pods" left in the Tukwila development.
The property can be identified as tax lot 3000 5S,IW,7AB,7A,6D on Marion County
Assessors maps.
The subject property is zoned single family residential. The applicant is only requesting
approval for phases one and two. Phase three is not part of the_developer's application
at this time.
There is currently only one public access way into the development, therefore, the
applicant is proposing a secondary emergency access along the south side of the future
tennis court and pool facility between Hazelnut Drive and Street A of the development.
This is an exclusive easement with no parking allowed within that easement.
RELEVANT APPROVAL CRITERIA:
A. Woodburn Comprehensive Plan
B. Woodburn Transportation System Plan
C. City of Woodburn Access Management Ordinance
D. Woodburn Subdivision Standards
E. Woodburn Zoning Ordinance
Chapter 8 General Standards
Chapter 9 Residential Standards
Chapter 10 Off- Street Parking and Loading Standards
Chapter 21 Planned Unit Development
Chapter 22 Single Family residential District
Page 1 of 7 - Findings and Conclusions
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Chapter 39 Mandatory Parkland Dedication or Cash-in-Iieu-of.
F. Landscaping Policies and Standards
G. Sign Ordinance
A. Woodburn Comprehensive Plan
FINDING: The Comprehensive Plan Map designates the concerned property as low
density residential
FINDING: Applicable approval criteria have been met through the implementing
ordinances of the adopted subdivision standards, zoning ordinance and any other
ordinances in effect at the time of approval. The proposed lots are part of an
identifiable neighborhood.
B. Woodburn Transportation System Plan
FINDING: The applicants proposal meets the applicable streets standards as identified
in the Transportation Plan.
FINDING: The third phase of this development is not part of this approval and is
dependent on some future road connection that is outside the current Urban Growth
Boundary.
FINDING: The emergency access way is acceptable for the first two phase only.
FINDING: The Public Works staff have reviewed the applicant's traffic impact study and
concurs with the summary offindings and recommendations as presented in the report.
C. City of Woodburn Access Management Ordinance
FINDING: The street system of a proposed subdivision is designed to coordinate with
existing, proposed, and planned streets outside of the subdivision.
D. Woodburn Subdivision Standards
FINDING: Procedures for subdivisions and partitions are covered in Chapter III Section
6,7,8 of the Woodburn Subdivision Ordinance. The information requested has been
addressed and submitted by the applicant. Three parcels are proposed and have
been applied for. Parcels 2 and 3 as proposed, will technically be landlocked.
Because the request is part of a PUD, there is flexibility in the design of the
Page 2 of 7 - Findings and Conclusions
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development that is not afforded to standard subdivisions, therefore, the standard lot
width requirement (proposed lot width 47 feet verses 60 feet standard width) will not
comply with section 13 B. of the subdivision ordinance.
Chapter 8 General Standards
Section 8.1 90 Vision Clearance
FINDING: All corner lots are to meet the standard
Chapter 9 Residential Standards
Section 9.045 Front Yard, 9.050 Side Yard, 9.060 Rear Yard
FINDING: The Woodburn Zoning Ordinance states that "every building shall setback
from lot lines adjacent to streets at least 20 feet, except in the instance where the
average depth of the other buildings on the same side of the street is between 20 and
10 feet, then the average depth may be used."
The applicant is proposing that the front yard setback be 1 0 feet minimum to front
porch, 1 5 feet from property line to house face, and 20 feet from property line to
garage face. Side yards will be 5 foot for a one story dwelling and 6 foot side yard for
two story dwelling rear yards on the golf course are to be from 16 to 20 feet.
Chapter 10 Off-Street Parking
Section 10.050 (a) Single Family Dwellings
(1) one and one-half spaces per dwelling unit
FINDING: The applicant will provide two off-street parking spaces per dwelling unit
excluding garage.
Chapter 21 PUD - Planned Unit Development Section 21.010 Purpose
FINDING: The site is zoned for single family development, which makes allowance for
a PUD as a conditional use. The applicant is now entering stage two of the process
which is referred to as design review (section 21.070). In this stage the design and size
of the project are reviewed.
Section 21.020 Design/Development Criteria
1. The adequacy and continuity of public facilities is sufficient to accommodate the
proposed development.
Page 3 of 7 - Findings and Conclusions
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2. The features of the site (such as topography, hazards, vegetation, solar access,
etc.) have been adequately considered and utilized.
3. The size of the development, site and building design and operating
characteristics of the proposed development are reasonably compatible with
surrounding development and land uses and any negative impacts have been
sufficiently minimized.
4. Parking areas and entrance-exit points are designed so as to facilitate traffic
pedestrian safety and avoid congestion.
5. The development design promotes energy conservation through the use of
materials, landscaping and building orientation.
6. The buildings are located so as to provide light and air according to yard
requirements and afford adequate solar access where desired.
7. The design promotes crime prevention and safety features through lighting,
visibility of building entrances, secure storage areas, etc.
8. More useable and suitable located recreation facilities and other common and
public facilities are provided than would be under conventional land development
procedures.
FINDING: Public works has indicated that the existing storm drainage system within
Tukwila Drive does not have sufficient depth or capacity to serve all phases of the
development, and may not be sufficient to serve phase one.
FINDING: The proposed use is residential which is compatible with the other
residential uses and the golf course in the surrounding area.
FINDING: The applicant proposes to develop two areas for open space. Tract .C' is
approximately 15,000 square feet and will be constructed in phase 1 along with Tract
"D" open space of approximately 3,680 square feet at the entrance will be landscaped
and contain a monument sign and park bench. Tract .C' will contain a barbeque,
picnic table, concrete walk and trash receptacle.
Section 21.040 General Standards
(a) Permitted uses, (b) minimum size, (c) density
FINDING: Both the proposed residential and recreational uses are allowed within the
planned unit development. The development meets the minimum acreage
requirements. The proposed density is 5.99 units per gross acres.
(d) Outdoor Living Area
FINDING: required - 40 % of the gross land area, of this, at least 75% shall be common
or shared outdoor living area. (.40 x 1 3.68 AC = 5.472 AC required). The applicant is
proposing 8.41 5 AC.
Page 4 of 7 - Findings and Conclusions
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Common/shared outdoor living area - .75 x 5.472 AC = 4.104 AC required for common
outdoor area. This requirement has been fulfilled through the original approval of the
golf course.
(e) Indoor Living Area
FINDING: As stated in Section 21.040 (e) of the Woodburn Zoning Ordinance, "Indoor
recreation areas shall be provided at a rate of 10 square feet per living unit. The
requirement for indoor recreation may be waived if the cost for outdoor recreation
facilities is at least 75% of the estimated cost of the required indoor facilities."
The minimum requirement for indoor recreation space for the project is 82 living units
x 1 0 sq. feet per unit = 820 sq. feet. The indoor recreation was calculated using $1 00
per square foot. Information from Tukwila Partners indicate that the total cost of the
outdoor facilities is approximately $8,500,000. Therefore, the indoor requirement is
waived.
(f) Under ground utilities
FINDING: The utilities will be placed underground.
(g) Streets: The commission may require that right-of-way width within the,
development be maintained as private streets or be dedicated to the city when such is
necessary in accordance with the official transportation plan map for the City of
Woodburn. Such other streets necessary for the proper development of adjacent
properties may also be required. Streets shall be constructed in accordance with
standards established by the city engineer.
FINDING: The applicants proposal meets street standards.
(h) Flexible Standards. The minimum lot area, width, and frontage, height, and yard
requirements otherwise applied in the district shall not dictate the strict development
of the planned unit development, but shall only serve as general guidelines which may
be fluctuated or adjusted to provide for a higher quality development.
FINDING: The applicant has addressed these standards in his application.
Section 21.070 Stage Two Design Review
FINDING: The applicant has provided the necessary information and documents such
as signatures of owners, identification of those involved in the design, as well the
necessary copies of site plans showing the entire development, streets, driveways,
sidewalks, pedestrian ways, and major landscaping features. Also included is a
Page 5 of 7 - Findings and Conclusions
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projected schedule of completion.
Chapter 22 Single Family Residential District
FINDING: The proposed setbacks and lot size for The Links at Tukwila are as follows:
Code
front yard- 20 feet
rear yard - 24 to 34 feet
side yard - 5 to 6 feet
lot width - 60 feet
lot size - 6,000 min.
lot coverage 30% to 35%
height - 35 feet or two and
one-half stories
Approved
front yard - 10 feet from front porch
15 feet from property line to house face
20 feet from property line to garage
rear yard - 15-20 feet along golf course
10 feet all other lots
side yard - 5 feet each side for 1 story
6 feet each side for 2 story
lot width - 47 feet average
lot depth - 95 feet average
lot size - 5,050 average lot size
lot coverage- maximum 50%
height - 35 feet or two and one-half stories
Chapter 39 Parkland Dedication
As a condition of approval of a final plat of a residential subdivision or the issuance of
a building permit for the construction of a residence, each developer or builder will be
required to dedicate land for parks, or cash for the development and acquisition of
parks, or a combination of both at the option of the City.
FINDING: The Woodburn Recreation and Parks Department is requiring that the
established Systems Development Fee be $762 per lot.
F. Landscaping Ordinance
FINDING: The applicant has indicated that street trees, etc will be provided and
maintained by the homeowners association. Preliminary drawings have been submitted
showing the landscaping.
G. Sign Ordinance
FINDING: The applicant has not provided any information on proposed signage but
stated a monument sign will be submitted to Planning staff for review.
CONCLUSION: The applicant is requesting stage 2 PUD approval of 2 phases of a
Page 6 of 7 - Findings and Conclusions
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three phase residential development. This request includes approval of a partition and
82 single family lots. The proposal as submitted complies with PUD standards.
Page 7 of 7 - Findings and Conclusions
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ATTACHMENT "C"
CONDITIONS OF APPROVAL
MINOR PARTITION 99-05
PLANNED UNIT DEVELOPMENT 99-01
STAGE II DESIGN REVIEW
Partition:
1. The partition request is for 3 parcels only.
2. The recorded partition shall by in substantial conformance with the
tentative plan for the partition and shall be platted according to standard
surveying practices approved by the community development director and
recorded with the Marion County Surveyor's Office.
3. The applicant shall submit a copy of the survey and plat map indicating
the partition to planning and public works departments prior to recordation
with Marion County.
4. Following recordation with Marion County, provide two (2) copies of the
final plat to the planning department.
Planned Unit Development:
5. Streets shall be public and dedicated.
6. Any subdivision of the parcels shall comply with the applicable zoning
ordinances and regulations and any ordinance or regulation adopted
under OR 92.044 that are in effect at the time of approval.
7. The PUD shall be in substantial conformity with the preliminary plan and
the proposed phasing; except as modified by these conditions.
8. Setbacks and other zoning standards for this development shall conform
to RS district requirements except as modified as follows:
front yard 1 0 feet from front porch, 1 5 feet from property line to house
face, 20 feet from property line to garage. Rear yard 15 to 20 feet along
golf course, 10 feet all other lots. Side yard, 5 foot on two sides for one
story 6 foot side yards for two story. Lot width 47 feet average. Lot depth
95 feet. Lot size 5,050 average. Lot coverage 50% maximum.
9. The applicant shall provide staff with a lighting plan for the proposed
development for review by the Planning and Police Departments.
Page 1 of 6 - Conditions of Approval
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10. The applicant shall show compliance with Section 8.1 90 Vision
Clearance. This information can be included in the final landscape plan.
11. The applicant shall provide staff with a copy of the final CC & R's before
staff will sign off on the plat. The applicant shall also provide staff with a
copy of the recorded CC & R's at Marion County.
12. Comply with single family dwelling driveway standards specified in
chapter ten of zoning ordinance.
13. All fees shall be paid prior to construction.
14. Prior to building permit issuance, comply with comments as submitted by:
Public Works Department
WaterlWastewater Department
Woodburn Fire Department
Recreation and Parks Department
Police Department
PUBLIC WORKS
GENERAL CONDITIONS:
15. Construction plans shall be submitted to the city for review and approval
and shall conform to the construction plan review procedures and
standards.
16. On-site existing water wells and subsurface sewage disposal systems
shall be abandoned by the applicant in accordance with all state
regulations and requirements
17. All city maintained facilities located on private property will require a
minimum 16 foot wide easement be conveyed to the city by the property
owner. This is the applicant's responsibility to provide, not the city's.
18. The applicant not the city is responsible for obtaining permits from any
state, county and/or federal agencies which may require such permit or
approval.
19. Applicant to provide for the installation of all franchised utilities and shall
provide any required easements on the final plat. Street lighting shall also
be installed by the applicant as per AGE Schedule '8 .. plan.
Page 2 of 6 - Conditions of Approval
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20. The owner/applicant shall be required to enter into an improvement
agreement as outlined in the Woodburn Zoning Ordinance, Chapter III,
Section 6 prior to acceptance of the final plat. In addition, prior to
construction of the public infrastructure, plans shall be submitted and
approved by the Public Works Department, performance bound in the
amount of 1 00% of construction cost be provided and the construction
permits fee's paid.
21. A Department of Environmental Quality 1 200 C Erosion Control Permit
will be require on this project.
22. All work shall conform to the City of Woodburn Standards and all State
Building Codes and Regulations.
23. All system development charges shall be paid at the time building permits
are issued.
STREET AND DRAINAGE:
24. The interior Street width of 26 feet wide curb to curb within a 50 foot wide
right-of-way is acceptable if 10 foot wide utility easements are provided
each side of the street. Parking will be allowed on one side only, not both
sides as proposed.
25. The proposal for Tukwila Drive is 34 foot improved street curb to curb,
within a 60 foot right of way, this is acceptable with a minimum, five foot
utility easements provided on each side. Parking will also be restricted to
one side only.
23. The existing storm drainage system within Tukwila Drive does not have
sufficient depth or capacity to serve all phase's of the development, it may
not even be sufficient to serve phase one. The applicant shall provide the
city a hydraulic analysis for review.
Storm water runoff which will not utilize the existing storm sewer system
within the existing Tukwila Drive shall discharge to existing drainage
ways, any third party easements required shall be provided prior to final
plat approval. Pollution control devices prior to discharge into the
drainage way will be required.
24. Phase one and phase two access is technically a dead end street. The
private access proposal and turnaround provisions for phase one and two
Page 3 of 6 - Conditions of Approval
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shall be acceptable to the Woodburn Fire District and the Woodburn
Police Department for emergency access requirements.
Phase three will require an additional public access prior to it's
development.
25. Centerline curve radius dimensions on through streets and property line
curve radius dimensions at intersections shall be subject the Woodburn
Public Works and the Woodburn Fire Districts review and approval.
26. The city is currently in the process of formation of a Local Improvement
District for Street Improvements on Boons Ferry Road. This property may
be subject to a fair share cost of such improvements as determined by the
City Council.
27. No structures or fences greater then 30" in height will be allowed in the
sight visibility area on lots at street intersections, regardless of the
approved building setbacks.
WASTEWATER:
28. The existing sanitary sewer main located within Tukwila Drive only has
sufficient depth to serve phase one and possibly a portion of phase two.
The sanitary sewer trunk line within Mill Creek shall be utilized for the
remaining portion of the project and phases, this connection will require
the applicant obtain a permit form Corp. of Engineers and Division of
State Lands.
WATER:
32. The water main serving this development shall be a looped system.
Phase one and two shall extend the existing 8" inch diameter main at the
end of Tukwila Drive along Tukwila Drive and Street "A" as designated on
the plan. In addition the main shall be looped back through the private
access to Hazelnut Drive to complete the loop.
Phase three shall also require to be looped with its future development.
With the construction of Phase one and two an 8" diameter water main
shall be extended between lots 52 and 53 to provide for this future looped
connection. Proper easements will be required.
33. Fire hydrant locations and fire protection requirements shall be as per the
Page 4 of 6 - Conditions of Approval
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Woodburn Fire Districts conditions of approval.
34. See wastelwater comments in regard to cross connection requirements.
Water
35. All units that put in either a underground irrigation system, swimming pool,
hot tub and fire sprinkler system will be required to install a backflow
prevention assemblies (DC) (Double Checks). The assemblies shall be
installed by the water meter next to the property line. Unless approved by
city engineers. Please see inspector on installation standards 982-5283.
Also, along the streets, Tukwila is putting in underground sprinkler
systems, all systems are required to install (DC) Double Check backfiow
Assemblies.
Woodburn Fire District Revision 10-21-99
36. Access: Exterior of Facility
A. Proposed emergency access way is acceptable for first phases only.
B. Any restrictions to fire department emergency access road must be
approved by the fire district and locks must by Knox type.
C. Turn around provisions will be required at the dead end of each phase
when dead end is longer than 150 feet.
Note: We are opposed to a gated community with private streets as it is
impossible to enforce access requirements on private roads. Circled
entrance way may not provide enough width and radius for fire apparatus.
More information is needed before approval.
37. Fire f10wlwater supply:
Type V-N construction I 000 gpm
38. Hydrants:
One hydrant within 250 feet of all structures.
39. Alarm system:
As per ORS for single family residences
40. Premise Identification:
Address to comply with City of Woodburn standards.
Street names to be submitted to planning department and reviewed by
Emergency service providers to avoid duplication or confusion with
Page 5 of 6 - Conditions of Approval
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existing system.
41. Building size & limitations/type of construction:
Proposed zero lot line will require one hour bearing wall, see building
official for any other requirements regarding occupancy or area
separation.
42. Special comments:
An onsite water supply system must be available, operational and
acceptable to the city prior to the construction of combustible buildings.
Access during construction must support the weight of fire apparatus and
allow access to facility.
Recreation and Parks Department
43. The recreation and parks department has reviewed the above referenced
project and provides the following comment.
Systems development charges for parks are calculated as follows:
Phase 1 charge per unit. $762 units 44 Total $33,528
Phase 2 charge per unit. $762 units 38 Total $28,956
. Systems Development Charges are payable at rates in place at the time
building permits are obtained. The city is analyzing these charges and expects
to revise the amounts.
Police Department
44. A stop sign should be posted at both exit points from street"N to Tukwila
Drive. 48. Posted "No Parking" signs on one side of Tukwila drive to
decrease traffic hazards caused by parking on both sides of the street.
45. A stop sign should be posted for the golf cart paths crossing Tukwila
Drive. White lines should also (be) painted across the drive for the golf
cart crossing.
46. Consider the use of Low Pressure Sodium Vapor lighting for the streets.
This will cut down on the glare into the residential homes around the
street.
47. 25 miles an hour speed zone signs should be posted at the entrance point
to the new development and at other locations along the street.
Page 6 of 6 - Conditions of Approval
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