Ord 2287 - App Annex 98-03 Comp
COUNCIL BILL NO. 2314
ORDINANCE NO. 2287
AN ORDINANCE ADOPTING SUPPLEMENTAL FINDINGS WHICH SUPPORT
APPROVAL OF ANNEXATION 98-03 , COMPREHENSIVE PLAN MAP AMENDMENT
98-02 AND ZONING MAP AMENDMENT 98-04 FOR ANNEXATION,
COMPREHENSIVE PLAN MAP AND ZONING MAP APPROVAL ON 8.0 ACRES FOR
PHASES 2 AND 3 OF THE WOODBURN COMPANY STORES; AND DECLARING AN
EMERGENCY.
WHEREAS, the applicant, Craig Realty Group- Woodburn, LLC, requested supplemental
review of specific approval criteria for Annexation 98-03, Comprehensive Plan Map Amendment
98-02 and Zoning Map Amendment 98-04 in response to the State Land Use Board of Appeal's
(LUBA) final Opinion and Order No. 99-135, which remanded the City of Woodburn's decision
to approve said applications; and
WHEREAS, the Woodburn City Council has reviewed the record pertaining to said
request and heard all public testimony presented on said request; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That supplemental findings in support of approval of Annexation 98-03,
Comprehensive Plan Map Amendment 98-02 and Zoning Map Amendment 98-04 are hereby
adopted based upon the Supplemental Findings in Support, which is affixed hereto as
Attachment "A".
Section 2. That the comprehensive plan amendment and zone change approval is subject
to the conditions of approval contained in Council Ordinance No. 2240 and an additional
condition of approval contained in Attachment "B", which is affixed hereto and incorporated
herein, which the Council finds reasonable.
Section 3. That this ordinance being necessary for the immediate preservation of the
public peace, health, and safety, an emergency is declared to exist and this ordinance shall take
effect immediately upon passage by the Council and approval by the Mayor.
Approved: ~t;~~
RicHard Jennings, ayor
Passed by the Council
Submitted to the Mayor
May 14, 2001
r~ay 15, 2001
Page 1 - COUNCIL BILL NO. 2314
ORDINANCE NO. 2287
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
L~1~1f~V1.d--
Mary nnant City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2314
ORDINANCE NO. 2287
May 15. 2001
May 15, 2001
ATTACHMENT "A"
SUPPLEMENTAL FINDINGS IN SUPPORT
OF
ANNEXATION 98-03, COMPREHENSIVE PLAN MAP AMENDMENT 98-02 AND
ZONING MAP AMENDMENT 98-04
I. REQUEST:
The applicant requests supplemental review of specific approval criteria for Annexation
98-03, Comprehensive Plan Map Amendment 98-02 and Zoning Map Amendment 98-04.
This request is made in response to the State Land Use Board of Appeal's (LUBA) final
Opinion and Order No. 99-135 which remanded the City of Woodburn's decision to
approve said application. The applications relate to a proposal by Craig Realty Group-
Woodburn, LLC for annexation, comprehensive plan map and zoning map approval on
8.0 acres for Phases 2 and 3 of the Woodburn Company Stores. The site is located north
of the existing Woodburn Company Store's project and west of Arney Road.
II. RELEVANT APPROVAL CRITERIA:
There are no applicable city of Woodburn Zoning Ordinance or Comprehensive Plan
provisions relevant to this supplemental review. The only applicable approval criteria are
OAR 660-012-0060(1) and (2), part of the Oregon Transportation Planning Rule. The
Transportation Planning Rule is an administrative rule adopted by the Oregon
Department of Land Conservation and Development (DLCD). The following approval
criteria apply to the issues specified in LUBA's final opinion and order:
1. Whether the application has a "significant affect" on the Woodburn 1-5
interchange as that term is defined in OAR 660-012-0060(2).
2. If there is a significant affect, then the City must determine whether any new and
improved transportation facilities anticipated by the City's adopted and
acknowledged Transportation System Plan will have sufficient capacity to
accommodate the additional traffic generated by Phases 2 and 3 of the Woodburn
Company Stores or, if not, whether one or more of the strategies in OAR 660-
012-0060(1) must be adopted to make the application consistent with the
"identified function, capacity and level of service of the [affected] facility."
III. BACKGROUND:
The applicant and city staff met with Oregon Department of Transportation ("ODOT")
representatives to develop conditions satisfying ODOT and Department of Land
Conservation and Development's ("DLCD") concerns in regard to the Council's decision
to approve this project and have agreed to an appropriate condition of approval and that
Supplemental Findings in Support - Annex 98-03, CPA 98-02 and ZMA 98-04
1
condition is included in these findings. ODOT was the only other party to testify on the
record and agreed with the proposed Condition of Approval and DLCD did not appear.
IV. FINDINGS:
1. The December 1998 TIA's analysis specifically shows that one of the TSP's
interchange alternatives provides sufficient capacity to accommodate the
additional traffic generated by the proposed amendment. Although not required
by LUBA, it can be inferred from the analysis results given in the TSP and the
December 1998 TIA that all four interchange alternatives would provide
sufficient capacity to accommodate the proposed amendment.
2. Section 7 of the December 1998 TIA considers the full TSP planning period and
demonstrates that the proposed amendment will not "significantly affect" the
Woodburn Interchange.
3. If one of the interchange alternatives identified in the TSP is constructed by the
end of the TSP's planning horizon (year 2015), an assumption allowed under the
LUBA ruling, the December 1998 TIA demonstrates that the proposed
amendment will not "significantly affect" the interchange. The interim
interchange improvements that are described in the December 1998 TIA, upon
which the City has conditioned the proposed development, will ensure that traffic
operations standards are met in the short term.
4. This approval is subject to the condition of approval contained in Attachment
"B", attached hereto.
V. CONCLUSION:
The above condition of approval, and any conditions of approval set forth in the 1999
decision approving these amendments, and the evidence submitted, including the staff
report, satisfy the LUBA remand issues and this application can be and therefore is
approved.
Supplemental Findings in Support - Annex 98-03, CPA 98-02 and ZMA 98-04
2
ATTACHMENT "B"
ADDITIONAL CONDITION OF APPROVAL
ANNEXATION 98-03, COMPREHENSIVE PLAN MAP AMENDMENT 98-02 AND
ZONING MAP AMENDMENT 98-04
1. The Applicant shall pay its proportional share of a portion of the estimated cost of the Eastbound
OR 219-to-Southbound 1-5 and Westbound OR 214-to-Northbound 1-5 improvements. Applicant
shall enter into a Cooperative Improvement Agreement with ODOT that will require that the
money be placed into an interest-bearing account prior to any occupancy for Phase III. This
interest-bearing account will be held by the State of Oregon for use only on development and/or
construction ofImprovements to the Woodburn Interchange. The amount shown below is the
maximum amount regardless of the scope of the improvements. The estimated cost of the
Eastbound OR 219-to-Southbound 1-5 improvement, consisting exclusively ofa 425 foot long by
12 foot wide asphalt vehicle travel lane plus taper, is $217,940. The estimated cost of the
Westbound OR 214-to- Northbound 1-5 improvement, consisting exclusively of a 425 foot long by
12 foot wide asphalt vehicle travel lane plus taper, is $363,850. The Applicant's proportional share
of the Eastbound OR 219-to-Southbound 1-5 improvement, consisting exclusively of a 425 foot
long by 12 foot wide asphalt vehicle travel lane plus taper, is calculated to be 6.7 percent and the
Applicant's proportional share of the Westbound OR 214-to-Northbound 1-5 improvement,
consisting exclusively of a 425 foot long by 12 foot wide asphalt vehicle travel lane plus taper, is
calculated to be 5.9 percent. Therefore, the Applicant's proportional share of the Eastbound
OR 219-to-Southbound 1-5 improvement, consisting exclusively ofa 425 foot long by 12 foot wide
asphalt vehicle travel lane plus taper, is calculated to be $14,600, and the Applicant's proportional
share of the Westbound OR 214-to-Northbound 1-5 improvement, consisting exclusively ofa 425
foot long by 12 foot wide asphalt vehicle travel lane plus taper, is calculated to be $21,470, for a
total of$36,070. The Applicant's total contribution shall not exceed $36,070. The formulae used
to calculated these figures are as follows:
Eastbound OR 219-to-Southbound 1-5 improvement (425' x 12' asphalt vehicle travel lane plus taper)
a) Year 2003 weekday p.m. peak hour background volume/capacity
ratio (without traffic from Phases II and lIlY: 0.90
b) Year 2003 weekday p.m. peak hour total volume/capacity
ratio (including traffic from Phases II and III)!:
0,96
c) Net proportional effect of traffic from Phases II and III:
[0.96 - 0.90] /0.90 .06/.90 0.067
d) Estimated improvement cost:
$217,940
e) Total proportional dollar contribution due from Phases II and III:
.067 x $217,940
$14,600
Westbound OR 214-to-Northbound 1-5 improvement (425' x 12' asphalt vehicle travel lane plus taper)
a) Year 2003 weekday p.m, peak hour background volume/capacity
ratio (without traffic from Phases II and 1lI)': 0.85
b) Year 2003 weekday p.m. peak hour total volume/capacity
ratio (including traffic from Phases II and III)!:
0.90
Conditions of Approval for ANX 98-03, CPA 98-02, ZC 98-04
Page 1
c) Net proportional effect of traffic from Phases II and III:
[0.90 - 0.85] /0.85 .05/.85 0.059
d) Estimated improvement cost: $363,850
e) Total proportional dollar contribution due from Phases II and III:
.059 x $363,850 $21,470
Total proportional dollar contribution due from Phases II and III: $36,070
If no construction contract is in place for both improvements by December 31, 2009, the fund's principal and interest
shall be returned to Craig Realty Group--Woodburn LLC, If Craig Realty Group--Woodburn LLC no longer exists
as a bona fide business entity, then the fund's principal and interest shall be returned to Eureka Realty Partners, Inc.
If neither Craig Realty Group-- Woodburn LLC nor Eureka Realty Partners, Inc. exists as a bona fide business
entity, then the fund's principal and interest shall be returned to Steven L. Craig.
ITransportation Impact Analysis: Woodburn Factory Stores - Phases WIll. Kittelson & Associates, Inc. (December
1998)
Conditions of Approval for ANX 98-03, CPA 98-02, ZC 98-04
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