Ord 2326 - Sub Case 02-03
COUNCIL BILL NO. 2424
ORDINANCE NO. 2326
AN ORDINANCE APP~OVING SUBDIVISION CASE NO. 02-03, KNOWN AS
"WOODBURN CRESll ESTATES"; ATTACHING CERTAIN CONDITIONS
THERETO; AND DECILARING AN EMERGENCY.
WHEREAS, the applicant, Jerry Jennings, submitted an application for Subdivision Case
No. 02-03 to subdivide tbe existing Woodburn Crest Estates Mobile Home Park located at 2050
Molalla Road (Highway 211) pursuant to Oregon Revised Statutes (ORS) 92.835; and
WHEREAS, the Woodburn Planning Commission reviewed the matter at a public hearing
on July 11,2002 and adopted a final order on July 25,2002 recommending that the City Council
deny Subdivision Case No. 02-03, and;
WHEREAS, the Woodburn City Council has reviewed the record pertaining to said
application and heard all public testimony presented on said application; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That Subdivision Case No. 02-03 is approved based upon the Findings in
Support, which is affixed hereto as Attachment "A".
Section 2. That Subdivision Case No. 02-03 approval is subject to the conditions
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 as to form:
Approv'
December 11,
December 11, 2002
City Attorney
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Page 1 - COUNCIL BILL NO. 2424
ORDINANCE NO. 2326
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Filed in the Office of the Recorder
ATTEST: (J1~ ~
Mary Te~ant City Recorder
City ofWpodbum, Oregon
December 11. 2002
Page 2 - COUNCIL BILL NO. 2424
ORDINANCE NO. 2326
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Attachment "A"
FINDINGS IN SUPPORT
SUBDIVISION CASE NO. 02-03
I. APPLICATION NFORMATION:
Applicant: Rick Givens
Planning Resources, Inc.
8755 SW Citizens Drive, Suite 206
Wilsonville, OR 97070
Property Owml!r: Jerry M. Jennings
P.O. Box 32
Clackamas, OR 97015
II. NATURE OF TItiE APPLICATION:
The property o\tlner is proposing to subdivide the existing Woodburn Crest Estates
Manufactured lHome Park (MHP) into 43 lots pursuant to ORS 92.835.
III. RELEVANT FACTS:
The subject property is located south of Highway 211 (Mol alia Road) and east of
June Way. The property is addressed at 2050 Molalla Road (Highway 211),
further identified on Marion County Assessor Maps as Township 5 South, Range
1 West, Section 8DA, Tax Lot 8000. The property is 7.14 acres in size and
located outside of the 500-year flood plain. There are no wetlands on the site.
The subject site is zoned Multiple Family Residential District (RM) and has a
Comprehensive Plan Map designation of High Density Residential (more than 12
units per acre). The Woodburn Crest Estates Manufactured Home Park is
located on the subject property. The property to the north (across Highway 211)
is outside of the Woodburn city limits but within the Urban Growth Boundary.
The property is zoned Marion County "Urban Transition Farm (UTF)" and
designated Commercial on the Woodburn Comprehensive Plan Map.
Two residential homes and vacant property are located on the property to the
north of the subject site (across Highway 211). The property to the west (across
June Way) is zoned Multiple Family Residential District (RM) and has a
Comprehensive Plan Map designation of High Density Residential (more than 12
units per acre). The property to the west (across June Way) is currently vacant.
SUB 02-03 Findings in Support
Page 1 of 3
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The property to the south is zoned Single Family Residential (RS) and Multiple
Family Residential (RM). Six existing manufactured dwellings are located on the
property to the south. The property to the east is located outside of the
Woodburn city Ilimits but within the Urban Growth Boundary. This property is
zoned Marion County "Urban Transition Farm (UTF)" and designed Low Density
Residential (Ies~ than 12 units per acre) on the Woodburn Comprehensive Plan
Map. Vacant land and two existing residences are located on the property to the
east of the subject site.
The applicant i~ proposing to subdivide the Woodburn Crest Estates
Manufactured Home Park into 43 lots pursuant to Oregon Revised Statute (ORS)
92.835. This statute is a new law enacted by the 2001 legislature entitling a
property owner ~o subdivide a previously lawfully established manufactured
dwelling or mo~ile home park, ORS 92.835. If a MHP complies with the new
statute, a city must approve a tentative plan to subdivide it, even if it does not
satisfy city-adopted subdivision standards.
IV. RELEVANT A~PROVAL CRITERIA:
OREGON REV~SED STATUTE
Chapter 92. Section 92.835
V. FINDINGS:
ORS 92.835 Subdivision of manufactured dwelling park or mobile home park.
Notwithstanding the standards and procedures established under ordinances
and regulations adopted by the governing body of a city or a county under ORS
92.044 or 92.048, when application for approval of the subdivision of a
manufactured dwelling park or a mobile home park is made under ORS 92.040
to the governing body of a city or county, the governing body of the city or
county shall approve:
(1) A tentative plan upon receipt and verification of evidence
that:
(a) The park is in compliance with the governing body's
standards for a manufactured dwelling park or a mobile
home park or is an approved nonconforming use. Forthe
purposes of this paragraph, a park is in compliance if the
governing body of the city or county has not issued a
written notice of noncompliance on July 2, 2001; and
(b) The tentative plan does not increase the number of lots,
as defined in ORS 446.003, approved for the park,
change the boundary lines or setback requirements or
SUB 02-03 Findings in Support Page 2 of 3
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make other development changes; and
(2) A plat in compliance with the applicable requirements of ORS
92.010 to 92.190, except standards and procedures adopted by
regulation or ordinance under ORS 92.044 or 92.048.
Note: Section 7, chapter 711, Oregon Laws 2001, provides:
Sec. 7. Sections 1 to 5 of this 2001 Act [92.830 to 92.845J and the
amendments tt. ORS 92.427 by section 6 of this 2001 Act apply to a
manufactured d elling park or a mobile home park lawfully established before
the effective dae of this 2001 Act [July 2, 2001].
FINDING: The City of Woodburn approved a conditional use permit and site plan for
a 40-lot manufacture~ home park on the subject property in 1995. There is no
evidence that the awplicant received necessary approvals for building code
compliance for the Woodburn Crest Estates Mobile Home Park development.
Despite some irregula~ities, the mobile home park has been physically established.
The physical improve~ents were installed to serve 45 lots. The new law establishes
minimum standards, ~hich if satisfied gives the applicant a right to the subdivision.
The law does not prevent the City from approving subdividing a mobile home park
that falls short of meeting all these minimum criteria.
The City Council finds that the existing park is in compliance with the original park
approval because the City did not issue a specific written notice of noncompliance
by July 2,2001.
The City Council finds that the tentative plan complies with this statute because
increasing the number of lots from 40 to 43 is a small increase that may be
considered in substantial conformance with the original approval and the tentative
plan does not change boundary lines or setback requirements or make other
development changes.
A condition of approval requires the final plat to comply with the applicable
requirements of ORS 92.010 to 92.190.
The applicant has entered into an agreement (ref. Exhibit "B") to address practical
considerations and other issues relating to the conversion of the subject property to
a subdivision. Compliance with this agreement is required as a condition of approval.
VI. CONCLUSION:
Subdivision Case No. 02-03 satisfies all approval criteria relating to ORS 92.835.
SUB 02-03 Findings in Support
Page 3 of 3
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Attachment "B"
CONDITIONS OF APPROVAL
SUBDIVISION CASE NO. 02-03
1. The proposed qevelopment shall be in substantial conformance with the tentative
plat, identified as Exhibit "A", except as specifically modified herein. A final plat,
complying with. the applicable provisions of ORS 92.010 to 92.190, shall be
submitted to th~ City pursuant to WDO Section 5.101.09 for approval prior to the
expiration of the subdivision application approval as provided in WDO Section
4.102.03.
2. This approval $hall be subject to the terms and conditions of the "Subdivision
Conversion Im~lementation Agreement", attached hereto as Exhibit "B".
Page 1 of 1
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Exhibit II A"
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Exhibit "B"
SUBDIVISION CONVERSION IMPLEMENTATION AGREEMENT
THIS SUBDIVISION CpNVERSION IMPLEMENTATION AGREEMENT ("Agreement') is
between Jerry M. Jennings, the owner of the Woodburn Crest Estates Manufactured Home Park
("Owner"), and the City of Woodburn, an Oregon Municipal Corporation ("City"), and is
effected as of the _ day of December 2002.
Recitals
A. Owner owns the Woodburn Crest Estates Manufactured Home Park, located on Molalla
Road (Highway 211) in Woodburn, Oregon (the "Park"). Currently, approximately 12 lots in the
Park are occupied by manufactured homes.
B. Pursuant to OrditIance No. 2162, issued in November 1995, the City approved the
development of the Park.
C. Pursuant to ORS 92.835, Owner has applied to the City for approval to convert the Park
to a subdivision in order to be able to sell fee simple lots to the current occupants of the Park and
to other interested parties. The subdivision conversion application (City File No. 02-03), was
filed with the City on or about May 7, 2002. ORS 92.835 requires the City to approve, under
certain circumstances, the conversion of a manufactured home park to a subdivision.
D. The parties hereto desire to set forth herein the conditions and terms pursuant to which
the City shall approve the conversion of the Park to a subdivision (the "Subdivision"), and
pursuant to which Owner shall prepare and submit the final plat for the approved subdivision.
NOW, THEREFORE, based on the mutual consideration stated herein, the parties agree that the
City shall accept and approve a final plat for the Subdivision based on the following:
Aereement
1 Approval. Consistent with the terms and conditions of this Agreement, including the
tentative plat attached hereto as Exhibit A, the City shall approve the conversion of the Park to a
subdivision and shall accept and approve the final plat for the Subdivision. Owner agrees to
prepare and submit a final plat for the Subdivision in conformance with the terms and conditions
of this Agreement, including Exhibit A.
2 Lots and Open Space. The final plat shall contain no more than 43 lots intended for
occupancy by manufactured houses. The open space area designated on the tentative plat shall
be identified as a separate tract on the final plat, and shall be utilized as passive open space and
planted with grass by the owner. The Homeowner's Association may convert the tract to another
type of open space or recreational use.
Page 1 - SUBDIVISION CONVERSION AGREEMENT
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3 Street Sidewalk and Storm Sewer Systems.
3.1 The exist~ng street, sidewalk and storm sewer systems within the park have been
constructed and approvek! as private (not public) systems. All of these systems shall remain
privately owned and maintained. The City will not assume any public ownership or liability for
maintenance or claims of damages arising from the failure of these systems. A Homeowner's
Association shall be created and shall be responsible for the operation and maintenance of these
systems.
3.2 The existing private street serving the park shall be dedicated to the Homeowner's
Association for maintenance and tax purposes. Each lot created shall be granted a legal access to
the property.
4 Water System.
4.1 The exisdng water system serving the site includes both public and private lines.
The City has an existing 8" diameter water main traversing through the property, providing fire
protection and one master meter for domestic service. The Owner has installed a private water
system through the park providing service to each individual site. This system does not meet
city standards and will not be accepted or maintained by the City.
4.2 The Owner shall convert the water system to a public system prior to approval of
the final plat and the City shall accept and maintain the system. In accordance with city
standards and specifications, the Owner shall replace the existing private system with a 6"
diameter looped water main. The Owner shall install domestic service to each lot from either the
existing 8" diameter water main or the 6" diameter water main to be installed. Owner anticipates
establishing services to each lot with a connection from the interior looped water main to be
installed, however, if it is necessary to extend taps from the existing 8" water main, then that
work will be done by the City and a reimbursement fee for that work shall be paid to the City by
the Owner.
4.3 The plans for the water system improvements described in Section 4.2 shall be
prepared by a Registered Engineer in accordance with city standards and specifications and shall
be submitted to the City's Public Work Department for review and approval prior to
commencement of the work. The City shall inspect the water system improvements prior to
accepting the improvements for public ownership, and the Owner shall pay appropriate
inspection fees to the City. The inspection fees shall be determined based on existing city
regulations and ordinances.
5 Sanitary Sewer System. The existing sanitary sewer system within the Park has been
constructed as a private system. The system may conform to current city standards and
specifications. The City will conduct the necessary testing to verify that it meets city standards.
If the system is found to meet city standards, it will be accepted and maintained by the City. If
the system is found not to meet standards, the Owner shall correct the deficiencies necessary to
Page 2 - SUBDIVISION CONVERSION AGREEMENT
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bring it up to public standards and thereby qualify the system for acceptance by the City prior to
approval of the final plat.
6 Public Easements.
6.1 The Owner shall convey to the City easements for those utility lines and facilities
located on private property that are to be accepted and maintained by the City. Except as
provided below, the min~mum width for the utility easements shall be 16' for each facility.
Where multiple facilities are located within a single easement, the City may require a greater
width.
6.2 The new 6" water line to be installed by the Owner, as provided for in Section
4.2, may be located wit~in a public easement extending 2' on the interior side of the private
street and extending ove~ the entire width of the street.
7 Homeowner's Alssociation. The Owner shall submit a copy of the Homeowner's
Association agreement and/or bylaws, and a copy of the subdivision's CC&R's, including
provisions for maintenance of private facilities, for review and approval of the City prior to City
approval of the final plat. The Homeowner's Association shall maintain all private common
facilities, including streets, open space, and tot lots.
8 Manufactured Homes. Development on individual lots shall be limited to manufactured
homes (no site built homes permitted) with site built or manufactured accessory buildings. Such
development shall comply with the procedures ofWDO Section 5.101.01, except that the
standards and criteria applicable to such development shall be limited to those contained in
WDO Section 2.203.15B7,8,9,12, and 16 (Manufactured Dwelling Park), and Section 2.203.16
(Manufactured Home on a Lot).
9 Landscaping and Fencing.
9.1 The sections of street right of way on June Way and Highway 211 between the
sidewalks and the subject property shall be landscaped prior to City approval of the final plat. At
a minimum, the landscaping shall be planted in accordance with WDO Section 3.106.03.A.1.
9.2 A minimum five foot high uniform solid wood fence and/or masonry wall shall be
constructed around the entire perimeter of the subject property prior to City approval of the final
plat. A fence/wall plan shall be submitted to the Community Development Department for
approval prior to construction. However, the perimeter fencing and landscaping along Highway
211 shall be constructed by owner within 12 months after the execution of this Agreement.
10 Completion of Roadways. The final lift of asphalt on the streets within the Subdivision
shall be completed at the earlier of the time 75% of the lots within the Subdivision are occupied
or within 12 months of the date the final plat is recorded.
Page 3 - SUBDIVISION CONVERSION AGREEMENT
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11 Garage on Lots 25 and 26. Prior to City approval of the final plat, the garage shown as
crossing the proposed lqt in between Lots 25 and 26 shall comply with the One- and Two-Family
Dwelling Specialty Cod~ relating to a common wall on a property line.
12 Setbacks. Any structure (home, garage, carport, shed, etc.) with a wall less than 3' from
a property line shall be required to have that wall constructed in compliance with the One- and
Two-Family Dwelling ~pecialty Code.
OWNER:
CITY:
City of Wood bum
./
John C. Brown, City Administrator
Page 4 - SUBDIVISION CONVERSION AGREEMENT
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