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Ord 2246 - Annex Boones Cross COUNCIL BILL NO. 2004 ORDINANCE NO. 2246 AN ORDINANCE ANNEXING INTO THE CITY OF WOODBURN APPROXIMATELY 63 ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF BOONES FERRY ROAD SOUTH OF THE RAILROAD CROSSING KNOWN AS "BOONES CROSSING"; AMENDING THE CITY OF WOODBURN ZONING MAP FROM MARION COUNTY "URBAN TRANSmON FARM" (UTF) TO CITY OF WOODBURN "SINGLE FAMILY RESIDENTIAL" (RS); GRANTING CONDmONAL USE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD); ALLOWING A VARIANCE TO OPEN SPACE/INDOOR RECREATION STANDARDS; IMPOSING CERTAIN CONDmONS ON APPROVAL OF THE LAND USE APPLICATIONS; 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. 97-08; Zone Change No. 97-12; Conditional Use 97-03; Planned Unit Development 97-03; and Variance No. 97-12 and considered all of the evidence presented; and WHEREAS, public hearings have been conducted before the Planning Commission and City Council all of the testimony presented has been considered, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the real property subject to these land use applications by Polygon Northwest Company (the "subject property") is owned by Faye Zimmer and Nancy Bocchi and is legally described in Attachment "N', which is affixed hereto and by this reference incorporated herein. Section 2. That the subject property is depicted on the Exhibit Map for Annexation which is affixed hereto as Attachment "B" and is by this reference incorporated herein. Section 3. That based upon the Findings in Support, which is affixed hereto as Attachment "c" and is by this reference incorporated herein, the subject property is hereby annexed to the City of Woodburn. Section 4. That the Woodburn Zoning Map is hereby amended, as to the subject property, from Marion County "Urban Transition Farm" (UTF) to City of Woodburn "Single Family Residential" (RS) based upon the Findings in Support, which is affixed hereto as Attachment "C". Page 1 - Council Bill No. 2004 Ordinance No. 2246 ...'.-..... .._,,-~._,-~~.....__." I' ,- Section 5. That the application granting conditional use approval of a Planned Unit Development (PUD) is approved based upon the Findings in Support, which is affixed hereto as Attachment "C". Section 6. That the application allowing a Variance to open space/indoor recreation standards is approved based upon the Findings in Support, which is affixed hereto as Attachment "C" Section 7. That the land use applications approved by Sections 1 through 6 herein are subject to the conditions contained in Attachment "D", which is affixed hereto and incorporated herein, which the Council finds reasonable. Approved as to formm~ ~ City Attorney Approved: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the ~ ATTEST: ~ M ant City Recorder City of Woodburn, Oregon Page 2 - Council Bill No. 2004 -"~_N II ~ S- - ~.e; Date ~~ Richard Jennings, ayor V November 8. 1999 November 10. 1999 November 10, 1999 November 10. 1999 Ordinance No. 2246 ,'._"'''''''''' ATTACHMENT-A AO Page....1-. of ~ ALPHA ENGINEERING, INC. AUGUST 10, 1999 BOUNDARY DESCRIPTION FOR ANNEXATION PURPOSES ONLY BOONES CROSSING, WOODBURN JOB NO. 395-011 A PARCEL OF LAND LOCATED IN THE PETER RAYMOND DONATION LAND CLAIM NO. 58, IN SECTIONS 18 AND 19 TOWNSHIP 5 SOUTH, RANGE 1 WEST, AND SECTION 13, TOWNSHIP 5 SOUTH, RANGE 2 WEST, OF THE WILLAMETTE MERIDIAN, MARION COUNTY, OREGON, SAID PARCEL BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE PETER RAYMOND DONATION LAND CLAIM NO. 58 LOCATED IN SECTION 18, TOWNSHIP 5 SOUTH, RANGE 1 WEST, OF THE WILLAMETTE MERIDIAN, MARION COUNTY, OREGON; THENCE NORTH 89035'00" WEST, 949.61 FEET; THENCE SOUTH 40054'50" WEST, 88.04 FEET; THENCE NORTH 61046'06" WEST, 102.57 FEET; THENCE SOUTH 41017'57" WEST, 507.13 FEET TO THE TRUE POINT OF BEGINNING AT THE SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN REEL 224, PAGE 88, MARION COUNTY DEED RECORDS, BEING ON THE NORTH LINE OF THAT PARCEL OF LAND CONVEYED TO F AYE E. ZIMMER AND NANCY K. BOCCHI BY DEED RECORDED IN REEL 1229, PAGE 681, MARION COUNTY DEED RECORDS, ALSO BEING ON THE EXISTING CITY LIMITS OF THE CITY OF WOODBURN; THENCE ALONG SAID CITY LIMITS ON SAID NORTH PARCEL LINE, NORTH 60043'29" WEST, 494.57 1 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED TO JAMES A. ROARKE AND LOIS E. ROARKE BY DEED RECORDED IN REEL 300, PAGE 590, MARION COUNTY DEED RECORDS; THENCE LEAVING SAID CITY LIMITS, ALONG THE EASTERLY LINE OF SAID ROARKE TRACT, SOUTH 41015'00" WEST, 86.13 FEET, MORE OR LESS, TO AN ANGLE POINT THEREON; THENCE ALONG SAID EASTERLY LINE AND THE EASTERLY LINE OF THAT TRACT OF LAND CONVEYED TO EMIL KISTNER AND TILLIE KISTNER BY DEED RECORDED IN REEL 134, PAGE 105, MARION COUNTY DEED RECORDS, SOUTH 25030'00" WEST, 228.23 FEET TO THE SOUTHEAST CORNER OF SAID KISTNER TRACT; THENCE ALONG THE SOUTH LINE OF SAID KISTNER TRACT AND ITS WESTERLY EXTENSION, NORTH 61000'00" WEST, 589.77 FEET TO THE WESTERLY RIGHT OF WAY LINE OF BOONES FERRY ROAD (MARKET ROAD NO. 38, BEING 60 FEET Plaza West. Suite 230- 9600 SW Oak- Portland, Oregon 97223 Office 503-452-8003 - Fax 503-452-8043 ...... .--.. .---y----.-..-.-.....-----...----- r'.----..,~, ATTACH M ENT_ Page..c.. of " ALPHA ENGINEERING. INC. BOONES CROSSING ANNEXATION DESCRIPTION (CONTD.) WIDE); THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE, SOUTH 24030'00" WEST, 1802.95 FEET TO THE WESTERLY EXTENSION OF THE NORTH LINE OF THAT PARCEL OF LAND CONVEYED TO NANCY R. VEZEY BY DEED RECORDED AS REEL 1243, PAGE 272, MARION COUNTY DEED RECORDS; THENCE ALONG SAID WESTERLY EXTENSION AND SAID NORTH PARCEL LINE, SOUTH 89015'00" EAST, 549.11 FEET; THENCE SOUTH 00045'00" WEST, 37.00 FEET; THENCE SOUTH 89015'00" EAST, 1510.00 FEET, MORE OR LESS, TO THE EAST LINE OF SAID VEZEY TRACT; THENCE ALONG SAID EAST LINE, NORTH 00045'00" EAST, 37.00 F;EET TO THE NORTHEAST CORNER OF SAID VEZEY TRACT, ALSO BEING THE SOUTHWEST CORNER OF THAT TRACT OF LAND CONVEYED TO FRANK. R. HAWLEY AND ALMEDA HAWLEY BY DEED RECORDED IN REEL 323, PAGE 406, MARION COUNTY DEED RECORDS; THENCE ALONG THE WEST LINE OF SAID HAWLEY TRACT, AND THE WEST LINE OF THAT PARCEL DESCRIBED IN REEL 290, PAGE 157, MARION COUNTY DEED RECORDS, NORTH 00033'40" WEST, 903.42 FEET, MORE OR LESS, TO THE SOUTH LINE OF A TRACT OF LAND CONVEYED ,TO FAYE E. ZJMMER AND NANCY K. BOCCHI BY DEED RECORDED IN REEL 1229, PAGE 683, MARION COUNTY DEED RECORDS; THENCE ALONG SAID SOUTH LINE, AND ITS EASTERLY EXTENSION, NORTH 89051' 13" EAST, 336.92 FEET, MORE OR LESS, TO THE EAST RIGHT OF WAY LINE OF BROWN STREET; THENCE ALONG SAID EAST RIGijT OF WAY LINE, NORTH 01032'20" WEST, 120.00 FEET, MORE OR LESS, TO AN ANGLE POINT ON SAID RIGHT OF WAY LINE; THENCE ALONG SAID RIGHT OF WAY LINE, NORTH 88027'40" EAST, 10.00 FEET; THENCE CONTINUING ALONG SAID EAST RIGHT OF WAY LINE, NORTH 01032'20" WEST, 305.54 FEET, MORE OR LESS, TO THE' EASTERLY EXTENSION OF THE NORTH LINE OF SAID ZIMMER AND BOCCHI . TRACT; THENCE ALONG SAID EXTENSION AND SAID NORTH LINE, SOUTH . 89051' 13" WEST, 394.04 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF PARCEL 2, AS DESCRIBED IN REEL 1393, PAGE 758, MARION COUNTY DEED RECORDS, SAID SOUTHEAST CORNER ALSO BEING ON THE EXISTING CITY LIMITS OF THE CITY OF WOODBURN; THENCE ALONG THE SOUTH LINE OF SAID PARCEL 2, AND SAID EXISTING CITY LIMITS, NORTH 60001 '22 WEST, 163.44 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING, CONTAINING APPROXIMATELY 63.51 ACRES. Plaza West. Suite 230- 9600 SW Oak- Portland, Oregon 97223 Office 503 -452-8003 - Fax 503-452-8043 ..-" .--y--.-.----...--- ,., ...-.-... --_. ~...._,._.._. 1/ ~,\I EXHIBIT MAP FOR ANNEXATION LOCATED IN lHE PETER RAYMOND D.LC. NO. 58 AND IN SECll0NS 18 AND 19. TOVttoISHIP 5 SOUlH. RANGE 1 WEST, AND SECll0N 13. TOWNSHIP 5 SOUTH. RANGE 2 WEST. WlLLAMETIE MERIDIAN MARION COUNTY OREGON VALID UNTIL 12-31 -99 t!; ~. ..... tt '"' ptJ J Q;j SCALE: ,"=400' ATTACHMENT Page-l- of 8 N 89'35'00. W 949.61' ~_ V'j NE CORNER PETER RAYMOND OLC NO. 58 RS (PUD-RS) 2,384,686 SF (54. HAC) N 01'32'20. W / 305.54' / N 88'27'40' E I 10.00 N 01'32'20. W 120.00' L 336.92' N 89'51 13 '" ... ..-; o 01 ~ '0 ... ;-, n b o z S 8915.00. E 1510.00 ~ N 00'45'00. E 37.00' PROJECT NO. 395-011 SCALE: 1"=400' DRAWN BY JTF 8-10-99 ..,--.----.-..-...'..'..".'.'--.-..'- '..'.'-'.'-'-'.- "'If ALPHA EN"GINEERING INC. PLANNING" DEVELOPMENT SERVICES" SURVEYING omCE 503-462-8003" Fa 603-462-8043 PLAZA WEST" SUITE 230" DeOO S1f OAK" PORTLAND,OR 117223 ,- ATTACHMENT ~ Page....L-. of ''S FINDINGS IN SUPPORT Boones Crossing Stage Two Review File Nos. Annexation 97-08, Zone Change 97-12, Conditional Use 97-03, Variance 97-12, and Planned Unit Development 97-03 I. BACKGROUND INFORMATION The applicant, Polygon Northwest, requests City of Woodburn approval for annexation, zone change, conditional use, variance, and planned unit development preliminary plat of Boones Crossing (File Numbers Annexation 97-08, Zone Change 97-12, Conditional Use 97-03, Variance 97-12, and Planned Unit Development 97-03). Boones Crossing,-" contains approximately 61.9 acres and will be subdivided into 242 detached single family residential lots, two future multifamily residential lots, a future I-acre commercial parcel, and a future parcel with use yet to be determined. Additionally, there will be three mini- park tracts and a 3-acre City park tract. The primary property owner is Faye Zimmer and Nancy Bocchi. Alpha Engineering is the project planner and engineer. The property may be described as Tax Lots 1100 and 1400 ofT5S, 1 W, Section 18C and a portion of Tax Lot 600 ofT5S, 1 W, Section 19B. II. PROCEDURAL STATUS In accordance with the procedures set forth in the City of Woodburn Zoning Ordinance, an application package for the aforementioned requests for the Boones Crossing project was submitted by the applicant on October 31, 1997 for consideration by the City of Woodburn Planning Commission and City Council. In accordance with the City of Woodburn Zoning Ordinance, public hearings were held by the Planning Commission and City Council to consider the subject applications. III. APPLICABLE APPROVAL CRITERIA Annexation 1. The subject property is located within the City's Urban Growth Boundary and is therefore urbanizable pursuant to Statewide Goal 14.. 2. The subject property is contiguous with the existing city limits. 3. The owners of Tax Lots 1100, 1400, and a portion 600 have petitioned the City for annexation. 4. The City has the ability to provide public services to the site. Additionally,ORS 197.175(1) requires that cities exercise their planning and zoning responsibilities in accordance with Statewide Planning Goals when annexing .-- ",,'.-...'q' .._"-,,, . ATTACHMENT Page ~ of <!/ 1~ unincorporated territory within a city's Urban Growth Boundary. The following section will list the applicable Statewide Planning Goals. Goal 2 - Land Use Planning - To establish a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions. FINDING: The City has adopted a Comprehensive Plan and implementing Zoning Ordinance in compliance with this goal. The Boones Crossing application was reviewed in compliance with processes established by the acknowledged ordinances. Goal 7 - Areas Subject to Natural Disasters and Hazards - To protect life and property from natural disasters and hazards. FINDING: The subject site has been surveyed to determine if any hazards, such as wetlands or floodplain impact the site. There are no hazards that would impact the proposed Boones Crossing PUD. Goal 10 - Housing - To provide for the housing needs of the citizens of the State. FINDING: The subject development would provide housing opportunities for first time homebuyers or first time move up buyers. Additionally, the mix of single family detached and multifamily attached residential choices gives residents of Woodburn options for housing. Goal 11 - Public Facilities and Services - To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. FINDING: The applicant's utility plans and capital improvement plans demonstrate that public facilities and services are available to the site. Additionally, public improvements constructed by the Boones Crossing development will provide the framework for extension of public services to the subject area of the City's Urban Growth Boundary. Goal 12 - Transportation - To provide and encourage a safe, convenient and economic transportation system. FINDING: The Boones Crossing development will provide necessary improvements to adjoining streets as well as necessary street improvements internal to the development. The Boones Crossing development will provide transportation improvements serving vehicular, bicycle and pedestrian circulation. ....~~~~ , .___..___e_____._..__._....._..__ U ATTACH~ENT .- Page of I 'S Goal 14 - Urbanization - To provide for an orderly and efficient transition from rural to urban land use. FINDING: The subject site is within the City's Urban Growth Boundary. The site is adjacent to the existing city limits and has public utilities available to the site. Zone Change The applicable approval criteria for the proposed zone change is as follows: (1) Complies with the Comprehensive Plan; .~, FINDING: The proposed zone change from Marion County Urban Transition Fann (UTF) to RS with a PUD overlay complies with the Comprehensive Plan Map designation for the site as residential use. (2) There is a public need for the change; FINDING: The applicant has provided a market analysis demonstrating a need for single family lots with homes in the $110,000 to $160,000 range. The proposed PUD has been designed using "smart development" techniques with a mix of uses. The proposed RS zone allows PUDs through the Conditional Use process. (3) The need is met by this proposal; FINDING: The RS zone on this 61.9 acre parcel provides a single property with the scale necessary to develop a PUD with "smart development" techniques including home sites, street system, open space and park areas, pedestrian linkages and neighborhood commercial opportunities. (4) Availability of other appropriately zoned land in the vicinity; FINDING: There are no other single parcels of similar size necessary to a develop a POO of this size in the vicinity. (5) Unable to make reasonable use of the land as it is currently zoned. . 'a.,.. ^~---r--."'.'_._-'----""_._._'..._.._...'._----'---~ .. ,.............,.,., ATTACfiMENT C- Page..!t-. of I < FINDING: The site is currently zoned County UTF. It is not developable in a manner that will meet the needs of the area without annexation or zone change to RS. Conditional Use The applicable approval criteria for the proposed Conditional Use is as follows: (1) That the Planning Commission has the power to grant the Conditional Use; FINDING: -=--' Section 14.030 of the Zoning Ordinance authorizes the Planning Commission to hear and decide Conditional Use requests. The subject conditional use was heard by the Planning Commission prior to being forwarded to the City Council for consideration. (2) That such Conditional Use, as described by the applicant, will be in harmony with the purpose and intent of the district; FINDING: The majority of surrounding land uses are residential. The City Council has determined that the proposed PUD will be compatible with the adjoining residential uses. (3) That any condition imposed is necessary for the public health, safety or welfare, or to protect the health or safety of persons working or residing in the area, or for the protection of property or improvements in the neighborhoods. FINDING: The City Council has imposed the Conditions of Approval, attached hereto, to insure that the intent of this criterion is met. Variance The applicable approval criteria for the proposed Variance is as follows: (1) That there are unnecessary, unreasonable hardships or practical difficulties which can be relieved only by modifying the literal requirements of the ordinance; FINDING: The City Council has determined that requiring 40% (24.8 acres) as common open space, combined with the necessary right-of-way dedications on the 61.0 acre site would limit ...'.~~~ ., "'~'"''''''~'''~''~'''---'''-,,-..............-----''''''' t"""'~""t ATTACHMENT ~ Page -2- of 1< the ability to develop the site with "smart development" principles. The proposed development will be providing other significant public improvements during development. This, combined with the projected parks SDC fees will offset the reduction in common open space. (2) That there are exceptional or extraordinary circumstances or conditions applying to the land, buildings. or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings or uses in the same district; however, nonconforming land, uses, or structures in the vicinity shall not in themselves constitute such circumstances or conditions; FINDING: -=-' This proposal will implement "smart development" principles contained within the City's TGM grant study prepared by McKeeverIMorris in June 1997. Surrounding properties have developed prior to these design principles being in place, therefore setting this property apart. (3) That granting the application will not be materially detrimental to the public welfare or be injurious to property or improvements in the neighborhood of the premises; FINDING: The proposed PUD will be providing three mini-park areas as well as a fully improved 3- acre public park in an area of the City currently lacking adequate park uses. The reduction in common open will be mitigated by these park improvements and SDC fees collected from the development. (4) That such variance is necessary for the preservation and enjoyment of the substantial property rights of the petitioner; FINDING: Requiring a 40% common open space dedication, combined with an approximate 20% right-of-way dedication would only allow 40% of the site to be developed. Neighboring conventional subdivisions are not required to dedicate 60% of its gross acreage for non- residential uses. Therefore, this criterion is met. (5) That the granting of the application will not, under the circumstances of the particular case, adversely affect the health or safety of persons working or residing in the neighborhood of the property of the applicant; and FINDING: The proposed development, with its neo-traditional characteristics will promote more neighbor-to-neighbor interaction. The fully serviced development will have no adverse "'~n_ .........oy-._--~-'^.._........ ..-.-..--..-.....-.-.--...-...--. ,~ ATTACHMENT C-- Page -"- of I $" affect on the health or safety of persons working or residing in the development or in the vicinity. (6) That granting of the application will be in general harmony with the intent and purpose of this ordinance and will not adversely affect any officially adopted Comprehensive Plan. FINDING: The development will provide adequate public open space and park areas. These areas, combined with the SDC parks fees will mitigate the reduction of common open space and meets the intent and purpose of this ordinance. ~~, Planned Unit Development The applicable approval criteria for the proposed Planned Unit Development are contained within the City of Woodburn Comprehensive Plan sections: A - Residential Land Development Plan Policies; B - Commercial Land Development Policies; G - Housing Goals and Plan Policies; H - Public Service Goals and Plan Policies; and 1- Transportation System Plan Goals and Policies. IV. COMPLIANCE WITH COMPREHENSIVE PLAN GOALS AND POLICIES A. Residential Land Development Plan Policies. A-I. Residential areas should be designed around a neighborhood concept. Neighborhoods should be an identifiable unit bounded by arterials, non-residential uses, or natural features of the terrain. The neighborhood should provide a focus and identity within the community and should have a community facility such as a school, park or privately owned community facility to allow for interaction within the neighborhood. FINDING: The Boones Crossing site is bounded by Boones Ferry Road along the project's western portion and by a proposed south street along the project's south boundary. The development will provide the neighborhood with three tree lined "boulevards" featuring landscaped medians or tracts. Three mini-parks will be constructed to provide neighborhood residents recreational opportunities. The central park will serve as the neighborhood's focal open space area and as the nexus of the single family residential, multifamily residential, and commercial segments of the PUD. Amenities in Boones Crossing are scaled to the neighborhood in which they have been located. A-3. Development should promote, through the use of moderate density standards and creative design, a feeling of openness and spaciousness with sufficient landscaped area and open space to create a pleasant living environment. ...,...0._ _......_-................._._...._._....--~......_-_.__._--_... ",..--., ATTACH~ENT. c...- Page of / <5 FINDING: The proposed density for the Boones Crossing PUD is approximately 5.4 units per acre. This is consistent with the City's density range of 12 units per acre (maximum) for the Low Density Residential Plan designation. A-4. Streets in residential areas should be used by residents for access to collectors and arterials. Residential streets should be designed to minimize their use for through traffic, however, whenever possible dead-end streets and cul-de-sacs should be avoided. FINDING: The internal street system for Boones Crossing is designed to move vehicles through the neighborhood with a minimum amount of out of direction travel and onto either Boones Ferry Road or the proposed southern street. Boones Crossing is designed with a neo- traditional, pedestrian oriented lotting pattern. The street layout has been designed to limit vehicular travel while encouraging pedestrian and bicycle use through the provision of tree lined streets and pathways. The number of streets accessing Boones Ferry Road and the south arterial were kept to a minimum per City access standards, but will allow for a neo- traditional grid-like lotting pattern. The use of narrow local residential streets will also to serve to reduce traffic speeds further enhancing the pedestrian friendly goal of the development. A-5. Residential developments should strive for creative design which will maximize the inherent values of the land being developed and encourage slow moving traffic. Each residential development should provide for landscaping and tree planting to enhance the livability and aesthetics of the neighborhood. FINDING: The internal street system, styled largely after the traditional grid pattern, will generally have 28-foot improvement widths on the majority of the streets (City's Local Residential "Skinny" Street standard). This narrow improvement will serve as a traffic-calming device. All streets will have planting strips, landscaped with street trees as illustrated on Sheet 8 - Open Space, Parks, and Street Details. Three streets will also have landscaped center medians or tracts providing an enhanced sense of identity to the community. A-9. Industrial and commercial uses which locate adjacent to residential areas should buffer their use by screening and design control, and should be controlled with sufficient setback so their location will not adversely affect the residential uses. FINDING: The site for the commercial aspect of this development is at the intersection of Boones Ferry Road and the proposed southern street. A primary function of the commercial area will be ......,c". ~-, ~-..~-~ -.-- '---y-- ATTAC~ENT C-- Page of 1<;' to serve the residents within the Boones Crossing PUD, therefore buffering of the commercial uses will be accomplished through design control rather than screening. The central park will provide a buffer between the single family uses and the commercial area. Additionally, the multifamily area will also serve to buffer the single family uses from the commercial area in a continuum of intensity. A -1 O. High density residential areas should be located so as to minimize the possible deleterious effects on adjacent low density residential developments. When high density and low density areas abut, density should decrease in those areas immediately adjacent to low density residential land. Whenever possible, buffering should be practiced by such means as landscaping, sight-obscuring fences and hedges, and increased setbacks. =.".--~ , FINDING: Streets and/or the central park will separate the multifamily residential uses from the single family area. Land uses have been tiered to become less dense as they move away from the intersection of Boones Ferry Road and the southern street in an effort to blend with the surrounding community. This tiered effect places the neighborhood commercial at the intersection of the two bordering streets. The commercial area is then ringed by the multifamily uses and central park. The single family area then forms the outer ring of development. A-ll. Trafficfrom high density residential areas should have access to collector or arterial streets without going through other residential areas. FINDING: The Boones Crossing community is adjacent to an arterial street and proposed southerly street. This location will limit the amount of traffic accessing the multifamily sites from proceeding through existing neighborhoods. B. Commercial Land Development Policies. B-3. Strip zoning should be discouraged as a most unproductive form of commercial land development. Strip zoning is characterized by the use of small parcels of less than one acre, with lot depths of less than 150 feet and parcels containing multiple driveway access points. Whenever possible, the City should encourage or require commercial developments which are designed to allow pedestrians to shop without relying on the private automobile to go from shop to shop. Therefore, acreage site lots should be encouraged to develop "mall type" developments that allow a one stop and shop opportunity. Commercial developments or commercial development patterns which require the use of the private automobile shall be discouraged. ....'_"_' . ... _.0.,_,,_._-<-.0,.... '__'''...-....'............-h~~'''-.,_..._ '..'_"O;..'_,'~_"_..,,....~'",~__.....,,"'_~',_.,., ,'-~ ATTACH-rENT c..-. Page of Is FINDING: The size of the commercial portion of Boones Crossing is sized to be of a smaller neighborhood scale allowing pedestrians to access all shops within the commercial area without needing to rely on their car to get from store to store. Additionally, many residents of Boones Crossing will be able to walk or bike to the commercial area, consistent with smart development, thus reducing the number of car trips necessary for shopping purposes. The nature of the development is pedestrian oriented, including the commercial area which is limited in intensity to serve the neighborhood through pedestrian connections. B-4. Architectural design of commercial areas should be attractive with a spacious feeling and enough landscaping to reduce the visual impact of large expanses of asphalt parking areas. FINDING: Due to the commercial area's proximity to the residential area of Boones Crossing, it is essential to ensure that the commercial area is attractive. The City will have the opportunity to conduct a detailed review through Site Plan Review process when the commercial area develops. B-6. Commercial office and other low traffic generating commercial retail uses can be located on collectors or in close proximity to residential areas if care in architecture and site planning is exercised. The City should insure by proper regulations that any commercial uses located close to residential areas have the proper architectural and landscaping buffer zones. FINDING: The commercial portion of the PUD has been sited at the intersection of Boones Ferry Road, classified as a Minor Arterial on the Transportation Plan and a proposed southern street. As noted previously, the Boones Crossing PUD has been designed with a tiered land use progression: commercial uses at the intersection, followed by a ring of multifamily (and central park), followed by the single family lots. Streets, parks, and landscaping will all serve to buffer the commercial area from the single family portion of Boones Crossing. Also, as noted in the response to Plan Policy A-9, the buffering of the commercial area from the residential area will be accomplished through architectural design controls. G. Housing Goals and Plan Policies. G-l. The housing goal of the city is to insure that adequate housing for all sectors of the community is provided. FINDING: The Boones Crossing PUD will provide housing opportunities for several segments of the ..."_w ~-' ----y-. . "..... -" .-"."".......-...-.. - -- --.."".-...." ",,---_. ~ ATTACHMENT Page.iE.... of I S residential market. The development will provide housing for first time home buyers and first time move-up buyers as well as one or two types of attached housing (townhomes and/or apartments) for those relying on the availability ofrental units, thus addressing the needs of three to four different sectors of the community. G-I-2. It is the policy of the City to encourage a variety of housing types to accommodate the demands of the local housing market. FINDING: As noted in response to G-l, the Boones Crossing PUD will be providing housing for three to four market areas: the first time home buyer; first time move-up home buyers; attached housing for rent; and apartments or townhomes (to be developed in a later development proposal). This mix of housing will provide housing opportunities for a broad spectrum of Woodburn's citizens. H. Public Service Goals and Plan Policies. H-l. It is the goal of the City to provide adequate public services to all areas of the City to include: * Sewer lines of adequate capacity; * Water lines of adequate capacity for both domestic supply and fire fighting capabilities, and Storm drainage to prevent flooding of valuable property where feasible; * FINDING: The Boones Crossing PUD will not only provide services adequate for the development of the Boones Crossing site, but will also provide needed services to neighboring properties in this area of the City. The extension of services to the Boones Crossing site will enhance the City's capability of providing these services to the City's residents beyond the Boones Crossing site. Sewer, water and storm drain lines are provided to the property in satisfaction of City standards. (please refer to Sheet 7 - Utility Plan and Sheet 9 - Capital Improvements Plan for additional details.) H-2. * To provide a central system to accommodate the service lines to include: Sewage treatment facilities sufficient in capacity to accommodate the City's growth until the year 2008; Lift stations as necessary to service the sewer lines; Well storage and treatment of water as is necessary to accommodate the needs of the City, and; Detention systems for flood water and storm drain rnnoff so as not to overburden the drainage systems of the City. * * * ~'-- . 4,_'''_~ ,- -." 'Y' ATTACHMENT r < Page -LL of I '";) FINDING: The Boones Crossing site will be able to utilize gravity served sanitary sewer lines. The sanitary sewer lines constructed as a part of the Boones Crossing PUD but will also serve a wide area in this part of the City's planning area. Regarding water, Boones Crossing will not only be installing internal water lines, but will also be installing water lines in Boones Ferry Road and the southern street providing water service to neighboring properties. Boones Crossing will construct two water quality facilities to handle storm water retention during peak flows. (Please refer to Sheet 7 -Utility Plan and Sheet 9 - Capital Improvements Plan) H-5. Development Zones - The City should encourage development in areas of existing facilities first. Secondly, the City should encourage development in areas where extensions of existing city services can be accommodated. The city should encourage development of new areas to which services can be most cheaply extended. The City should develop any other areas only as a last resort. The City will adhere to the policies in the Storm Water and Water and Sewer elements of the Comprehensive Plan. FINDING: The 60-acre Boones Crossing location provides the applicant with a site of sufficient scale to develop a viable smart development project. Development at this location will provide the City with service extensions to an area currently lacking. The Boones Crossing PUD will also be providing the City with street improvements proposed on the City's Transportation System Plan. This request for PUD approval is therefore consistent with this policy. H-6. To insure that the growth does not increase the cost to the present City residents, the City's policy should insure that new developments pay for any additional services they demand. The City shall institute the necessary taxes and fees to insure that this is accomplished as far as is practical. FINDING: Polygon Northwest will pay for the public improvements as outlined in the conditions of approval. Where appropriate, Polygon Northwest will pay for approved connection fees and SDC's related to the expansion of services in compliance with this plan policy. I. Transportation System Plan Goals and Plan Policies. In June of 1996, the City adopted a new Transportation System Plan, Woodburn Transportation System Plan, in compliance with the state statue and administrative rule (OAR 660 Division 12). This plan repeals and supersedes the City's earlier transportation plan. Appendix HE" of that plan identifies potential changes to the City Comprehensive Plan, Subdivision Ordinance and Zoning Code. However, the City has not adopted these recommendations. ..--...--r-.....'-...'. _.....-.-...._..,._...._....~............,,_......... ATTACHMENT ~ Page~ of 15 Goall Develop a multi-model transportation system that avoids or reduces reliance upon one form of transportation, and minimizes energy consumption and air quality impacts. Policies: 1. Develop an expanded intra-city bus transit system which will provide added service and route coverage to improve the mobility and accessibility of the transportation disadvantaged, and to attract traditional auto users to use the system. FINDING: This plan takes into account the potential for an expanded intra-city bus transit system. The commercial area will accommodate space for a future public transit stop serving the south end of the city. The pedestrian friendly design of Boones Crossing allows residents the ability to walk or bike to a future transit stop at this location. 2. Develop a plan for providing travel options between Woodburn and Portland and Portland and/or Salem, including inter-city bus service and potential buslcarpool park-n- ride facilities. FINDING: Woodburn currently does not have an inter-city city transit system. If the service is initiated as envisioned in the Transportation System Plan, the park and ride system, located at the 1-5 and Oregon 214 interchange, will not have a direct physical impact on this proposed development. 4. Develop a bikeway system which will provide routes and facilities to allow bicyclists to travel from residential areas to schools, parks, and places of employment and commercial areas. Off-street facilities in City greenway/park areas will be identified. Insure all new collector and arterial streets are constructed with bike lanes. FINDING: The Woodburn Bicycle Facility Plan identifies Boones Ferry Road, Brown Road, and the southern street to be constructed with an on-street bike route. Improvements to these rights- of-way will provide the required on-street striped bike lane. Additionally, bike parking will be included in public areas such as the commercial portion of the development as well as the park areas. 5. Identify sidewalk and off-street pathway improvements to improve pedestrian mobility within neighborhoods and between residential areas and schools, parks, places of employment and commercial areas. Insure all new collector and arterial streets are constructed with sidewalks. .,..-.-' ,____'..._.....'_....''",m~.___ __"_~__' ,'_~....._<"._......_"_',' ,_.,._._4_.._."__'-'~_'"_'.~."'-"" r-~"'-" ATTACHMENT C!.--- Page..L3.-. of 1'5 FINDING: The new Transportation System Plan recommends construction of sidewalks along with the construction of new streets. In conjunction with the development of Boones Crossing, full sidewalk improvements (as shown on Sheet 4 - Preliminary Subdivision Plat) will be provided throughout the development. In addition to the provided sidewalks along the street rights-of-way, Boones Crossing will also provide a greenbelt pathway bisecting the two blocks immediately east of the central park (see Sheet 5 - Landscape Master Plan). This greenbelt pathway will provide an attractive, convenient pedestrian linkage to the development's main park parcel from the single family residential area of the PUD. ~~2 --, Develop a street system which will handle projected year 2015 traffic demands in the Woodburn area, and interconnects residential areas with employment centers, schools, parks, churches and regional transportation facilities. Policies: 1. Develop an updated roadway functional classification plan for the Woodburn area, that reflects the desired function of different roadways, and is consistent with current federal guidelines for the designation of major streets in an urban area. FINDING: Boones Ferry Road and the southern street are both shown as Minor Arterials on the City's Street Functional Classification Plan. Brown Road is classified as an Access Street on the Plan. The Boones Crossing PUD will appropriately connect to all three roads. The dedication and construction of the southern street provides the City with a needed transportation link identified in the City's Transportation System Plan. 4. Identify new east-west and north-south collector/minor arterial streets within the City to relieve traffic demands on Highways 219/214,211 and 99E. FINDING: The City has identified a new south arterial connecting Highway 214 and Highway 99E in the western and southern portion of the City. The alignment for the new south arterial was determined in part by the analysis of Kittleson and Associates, a transportation planning and traffic engineering consulting firm and through the cooperation ofthe property owners in the area who are supportive of the proposed alignment. The applicant has incorporated this arterial into the Boones Crossing plan and will build that portion of the roadway adjacent to the project. 5. Develop updated street design standards for arterial, collectors, and local streets. .... ---+- r'"'"''''''''' ATTAC/~ENT c...-- Page of I <;; FINDING: Polygon Northwest will comply with street design standards as specified in the June 1996 Transportation System Plan. Boones Ferry Road and the southern street will be constructed to the standards for a minor arterial. Interior streets, with the exception of the landscaped boulevards, will be designed to the local residential "skinny" street with parking on both sides. The landscaped boulevard streets have a modified design that provides two 14-foot travel lanes with a lO-foot landscaped median and no on-street parking. Please refer to Street Sections on Sheet 8 - Open Space, Parks, and Street Details. Goal 3 Develop transportation improvements that will improve overall traffic safety in the Woodburn area.=-'"' Policies: 2. Develop a plan for improving pedestrian and bicycle safety for travel to/from local schools. FINDING: Boones Crossing has full street improvements throughout the development providing sidewalks on all streets and bike lanes on those streets identified on the City's Bicycle Facility Plan. Internal to the Boones Crossing development, the streets have narrow street sections or traffic medians to reduce speeds. Externally, Boones Crossing will be providing needed improvements to two arterials and one access street. Goal 4 Develop a set of reliable funding sources that can be applied to fund future transportation improvements in the Woodburn area. Policies: 3. Identify a traffic impact fee structure associated with new developments in the Woodburn area to fund transportation improvements. FINDING: Polygon Northwest will comply with the adopted SDC fee and TIF schedule. Goal 5 Develop amendments to City land use standards and ordinances to reduce travel demand and promote use of modes of transportation other than the automobile. Policies: 1. Identify changes in the Woodburn Zoning Ordinance to encourage implementation of Transportation Demand Management (TDM) strategies by local businesses. TDM ._~ -- ._--y---"."'-"--"-,._-"_._"----_......"'-"""~--- ATTAOHMENT (!.. Page 12-. of IS l---~ - strategies should include bicycle and car pool parking provisions, and allowable overall parking reductions for employer institution of TDM strategies, including transit fare subsidies, car pool matching programs, and flexible work hours. 2. Identify changes in the Woodburn Zoning ordinance to encourage transit and pedestrian-oriented development. This includes proper building orientation to improve access for transit users and patrons, direct pedestrian connections, and bus stop provisions where appropriate development. 3. Identify changes in the Woodburn Subdivision Standards to encourage neo- traditional development pattern and adequate local street standards to accommodate all modes of transportation. _.~1 4. Adopt traffic impact analysis guidelines to be used by the City and developers to identify the impact of new development on street system improvement needs. FINDING: The City has identified potential changes to the Zoning Ordinance, and Subdivision Standards and Comprehensive Plan to implement these policy recommendations. To date these changes have not been adopted by the City Council and are therefore, not directly applicable. V. PUBLIC TESTIMONY RECEIVED Testimony in support of the applications was presented by the applicant and their representati ves. There was no opposing testimony. .-.---_.--y--.._.__.....~.....,.,..__.._.....------ r"" CONDITIONS OF APPROVAL ATTACHMENTD Page -.L of J 3 The applications are granted subject to the following conditions: A. PLANNING: 1. The conditional use and variance requests are subject to the approval of the annexation and zone change requests. 2. Any subdivision of the parcels shall comply with the applicable zoning ordinances and regulations and any ordinance or regulation adopted under ORS 92.044 that are in effect at the time of approval. 3. The Planned Unit Development (hereinafter "the PUD") shall be in substantial conformity with the preliminary plan. 4. The Applicant shall provide for the installation of all franchised utilities and any required easements on the final plat. Street lighting shall also be provided, as per PGE plan schedule "B." 5. The Applicant shall provide City staff with a final light plan for the proposed development for review by the Planning and Police Departments. 6. The Applicant shall show compliance with the vision clearance standard specified in Chapter 8 of the Woodburn Zoning Ordinance. 7. The Applicant shall setback the garage 20 feet from the front property line or 20 feet from the side property line if the side yard is adjacent to a street. 8. The Applicant shall comply with the single family dwelling driveway standards specified in Chapter 10 of the W oodbum Zoning Ordinance. 9. The Applicant shall apply for site plan review for placement of the multi-family units and neighborhood commercial buildings in Phases 3 and 4. In addition, the Applicant shall include the development of the neighborhood park in Phase 2 rather than Phase 3. The neighborhood park shall be available for use by the single family lots within Phases I and 2 of the Boones Crossing PUD at the time that these phases are completed. 10. The phases of the development shall be Phases 1, 2, 3, and 4 as depicted on the following preliminary plat/subdivision map: Page 1 - Conditions of Approval, Boones Crossing PUD ~_.~-_....._'-----;-'~._~.~-~-----_..~_..--<--"-~-~ I~I~ Ii ~, i _" -' I I: ~ ~~~H~ ~81: I EailiA~i~ ~ - - j -:"~ ~I!!=PHP!=I ~eU Ii- . i"i .'lo(.., "i'i'~-"I ~ 'diid ~ ~lHi~nf ~~!i~~ ~ I ~ - ",~~~~"~~'D ~ ! gA~unn ~3~ v .. I III I I I I I I I II ;; ! ~ !~ .. ICI c: "~ a C' A - ~ ~ M ! ~i.ll.""'Q U;il ;ii~~8'i"P jt;~1!i e-..... -_:.. UI: · Ii ~..;-: ;;~ ~ ~ Illll v- ii! ~ '6 I(l ~~~ HMENT _ D of --I3~ <:::::::-., "<::: :,':::" --'--..--- ---..---- ---..--- ...--- -.;;;;,.a;;---'" It I rut tr ~ 9 ,- I' j ~"i! ~ . i!: . "'F.B ""f !II I ~!I~ ~~5~~l I !I~ !~~i\i\~ i~ ~I~IU I c;, ~!~fl .~ liZ ... h p 2~ ~ ~ i al~OJ ~ ' ; ~~Ol ~~Ol ~- I i~ZI ~-<m ~" froo I'}> I a~ ; f-'O Fen ~c (CD:O ,0 1<0 (I) -Cf) o Z(f) s::_ J> "Z ~ it o BOONES CROSSING D ._~.- ~D ~~==-' ~-- ~ "REL.lMlN.UV PLAT I 8UDOMfllON MAP Page 2 - Conditions of Approval, Boones Crossing PUD 9NI~33NI~3 t:lHdlt:l Wd917: 10 66, 12 DO ...'~._~ -0 "--'^"--r-~--"'--""""--""'"-''''''*''-----''' ATTACHMENT~ Page '-~ of ~ 11. SCOPE OF USES ALLOWED WITHIN THE NEIGHBORHOOD COMMERCIAL AREA AND CONDmONS ON ALLOWED USES. The areas identified in the Applicant's site plan, designated for commercial use, shall be restricted to neighborhood commercial uses as set forth below. The neighborhood commercial area shall be primarily oriented to serve the residents of the PUD. Neighborhood commercial uses are intended to be low-impact, pedestrian-oriented businesses. The proximity of these commercial uses to residential uses in the PUD should reduce automobile trips and promote energy conservation. Furthermore, this neighborhood commercial area should not significantly compete with similar uses in other areas of the city. Such uses shall be limited to certain types of personal services, retail businesses and professional offices. The standards set forth below will allow the city to control the impacts of such development, while at the same time, provide reasonable flexibility in attracting viable and compatible commercial businesses to support this mixed- use development. The allowed uses within the neighborhood commercial areas identified in this PUD shall be as follows, subject to site plan review: a. Permitted Uses 1. Family Services (1) Pre-schools (2) Day care facilities (3) Nurseries (4) Kindergartens (5) Other family service uses determined by the Planning Director to be similar in nature and impact to the uses set forth above 11. Personal Services with a gross floor area per business of 5,000 square feet or less, including: (1) Barber shops (2) Beauty shops (3) Bank or other financial institutions (4) Laundry and tailor services (5) Pharmacies (6) Real estate offices (7) Other personal services determined by the Planning Director to be similar in nature and impact to the uses set forth above Page 3 - Conditions of Approval, Boones Crossing PUD ~.__.~._'~_.....,- ATTAC';'fENT V Page . of /3 111. Retail Businesses with a gross floor area per business of 5,000 square feet or less, including: (1) Antique shops (2) Art and photo supply shops (3) Cafes, coffee houses and bakeries (4) Ice cream/candy stores (5) Florists (6) Gift Shops (7) Other retail businesses determined by the Planning Director to be similar in nature and impact to the uses set forth above. IV. Single Family Dwellings above, beside or behind a neighborhood commercial use. b. Conditional Uses: I. Grocery StoreslHealth Food Stores 11. Video Rental Stores 111. Professional offices for accountants, attorneys, medical, dental or other allied professional offices and clinics, primarily oriented to serve residents of the PUD. c. Conditions on Allowed Uses: i. Businesses may be open to the public only between the hours of9 a.m. to 7 p.m. 11. Personal services or retail businesses with more than 5,000 square feet of gross floor area per business shall not be allowed. 111. No drive through businesses shall be allowed. IV. All Site Plan Reviews shall be reviewed by the Home Owner's Association prior to submittal to the Planning Commission. v. That portion of the PUD south of the east/west minor arterial shall be designated a base zone ofPUD Single Family Residential subject to the right of the Applicant to apply to the Planning Commission and the City Council at a later date to obtain authorization to use the area for commercial uses. 12. The Applicant shall provide City staffwith a copy of the final CC & R's (Homeowner's Association) before City staffwill sign off on the plat. The Applicant shall also provide City staffwith a copy of the recorded CC & R's. 13. The Applicant shall incorporate the multi-family complexes and neighborhood commercial areas into the Home Owner's Association CC & R's. Page 4 - Conditions of Approval, Boones Crossing PUD '---Y--'._'.~"...'.._"-"- ATTACHMENT ~ Page -5- of J . 14. The Applicant shall construct and dedicate to the City a three-acre neighborhood park to be located within the PUD. The park will be open to the public and will serve the PUD and surrounding neighborhood. 15. Construction of the neighborhood park by the Applicant shall conform to all City standards. The Applicant's minimum design and construction budget (which shall be expended by the Applicant to create the neighborhood park) shall be $350,000. 16. In addition to the neighborhood park described above, the Applicant shall pay to the City a Recreation and Parks Systems Development Charge of$161,805. This is collected as a regulatory charge, based upon the City's Systems Development Charge methodology, and does not constitute a development exaction. 17. Final plans shall conform to the construction plan review procedures and standards. The final construction plan shall include street landscaping and lighting. Street landscaping shall be complete prior to acceptance by the City. 18. Construction shall conform to the City of Woodburn standard specifications and all state building codes. 19. The Applicant shall provide the City with an acceptable bond or contract for improvements as required in the Woodburn Subdivision Standards, Chapter III Section 6 (4) prior to acceptance of the final plat and issuance ofa building permit. 20. Prior to any construction, a reproducible mylar of the final plat shall be filed with the Public Works Department after all required signatures have been obtained and the plat has been recorded with Marion County. 21. On-site construction shall not commence until the improvement plans have been reviewed and approved by the Public Works Department and all right-of-way permits, system development charges and park fees in effect at the time of building permit issuance have been paid. 22. Upon acceptable completion of all improvements to be maintained by the City, the developer shall provide the City a maintenance bond good for one year, in the amount of 10% of the improvement cost. 23. Prior to building permit issuance the Applicant shall submit one set of reproducible as-builts. Page 5 - Conditions of Approval, Boones Crossing PUD ...~. .,---_.._..,~,~ .. ATTACHMENT V Page --1t:L. of J.-;; 24. Site Plan Review shall be required for the proposed multi-family units within the PUD. At the time of Site Plan Review, the Applicant shall comply with the Woodburn Zoning Ordinance. 25. The Applicant shall conform to the "Boones Crossing Landscape Master Plan" (which was submitted by the Applicant and marked Attachment P) which is incorporated herein by the reference. The Applicant shall also conform to the "Boones Crossing Open Space, Parks, and Street Details" (which was submitted by the Applicant and marked Attachment Q) which is also incorporated herein by this reference. The Applicant shall place street trees along each of the roadways and shall cooperate with the Woodburn Parks Department in the design of the 3 acre neighborhood park on the southwest side of the subject site which the Applicant is required to dedicate and construct. 26. The Homeowner's Association shall be responsible for watering, maintaining all landscaped areas, and for replacing dead or dying plant materials. The Applicant shall assume Homeowner's Association responsibilities with respect to landscape maintenance during the first year of each phase of construction. The Applicant shall install a permanent irrigation system under the common landscaped areas. Any other landscaped areas, such as the pedestrian pathway and landscaped medians, shall be planted with materials that are not dependent upon irrigation." 27. Prior to construction, the Applicant shall provide a concept illustration and preliminary scale drawing of the proposed entry monument signs to City staff for review and approval." 28. The Applicant shall be responsible for platting and recording the lot in accordance with the subdivision standards. B. PUBLIC WORKS: GENERAL CONDmONS 1. The final plan shall conform to the construction plan review procedures and standards. 2. On-site existing water wells and subsurface sewage disposal systems shall be abandoned by the Applicant in accordance with state regulations. 3. All City-maintained facilities located on private property shall require a minimum 16-foot wide utility easement to be conveyed to the City. 4. The Applicant, not the City is responsible for obtaining permits from any state and/or federal agencies which may require approval or permit. Page 6 - Conditions of Approval, Boones Crossing PUD -"-,...-,,,..-,-..-,--" - ~--,"'.....-,-- ATTACHMENT .~ Page -2.. of I ,-} 5. The Applicant, by this development, shall not cause storm water runoff to be impounded on adjacent properties. 6. The subdivision shall be platted in accordance with standard surveying practice, approved and recorded with Marion County. 7. The Applicant shall provide for the installation of all franchised utilities and shall provide any required easements on the final plat. Street lighting shall also be installed by the applicant as per PGE plan schedule "B". 8. 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. Also prior to construction of the subdivision commencing the City will require approved construction plans, a performance bond in the amount of 1000,10 of the constructions costs and that the construction permit fees be paid. 9. All work shall conform to the City of Woodburn Standards and all State Building Codes and regulations. 10. The Applicant shall provide engineering plans for all the improvements outlined in the Conditions of Approval. No construction activities shall be initiated until the City-approved engineering plans are received by the Applicant. After completion of the development, the Applicant shall provide "as builts" to the City. 11. No SDC credits shall be allowed for the improvements which are required by the City as Conditions of Approval. C. PUBLIC WORKS: STREET CONDITIONS 1. Boones Ferry Road shall be improved from the south boundary of this development to the existing railroad crossing approximately 150 feet north of this development. This shall be a full street improvement, not half street as indicated in the application. The improvement shall be in conformance with the Transportation System Plan (hereinafter "TSP"), wherein Boones Ferry Road is designated as a minor arterial. The railroad crossing on Boones Ferry/Settlemier Avenue is currently being designed by the City and is to be scheduled for improvement. The improvement portion shall end approximately 100 feet south of the existing crossing. The pavement thickness constructed by the applicant shall meet the structural strength of an arterial street. 2. Boones Ferry Road is an existing 60-foot wide right-of-way. In accordance with Page 7 - Conditions of Approval, Boones Crossing PUD ...,._.e "...._..__...,_~....',_~..,_"._......-~ ....T .... ATTAC~MENT 7)3 Page of I the TSP, an additional 7 feet of right-of-way and a 10-foot wide utility easement shall be dedicated by the Applicant to the City adjacent to this development. 3. The Applicant shall provide 50 feet wide right -of-ways and 28 feet wide improved streets with parking on both sides along the interior residential streets and 60 feet wide right-of-ways and 38 foot wide improved street with a lO-foot wide landscape boulevard in the center, with no on street parking for these interior residential collectors. In addition, the Applicant shall provide 10 foot wide utility easements adjacent to the right-of-way line on all interior streets. 4. The Applicant shall provide connector paths of grass crete material for emergency access at the end of several dead end streets, and not provide a cul-de- sac for turn around provisions. The Homeowner's Association shall be responsible for the maintenance of the area, including the grass crete provided for emergency access. The final design shall make provisions to restrict access for other vehicles except emergency vehicles. D. PUBLIC WORKS: BROWN STREET IMPROVEMENTS 1. Brown Street adjacent to this development; shall be improved in conformance with the Transportation System Plan (TSP). This shall be full street improvement, not a half street improvement as indicated in the application. A standard 60 foot right- of-way shall be required. The Applicant shall dedicate to the City that amount of right-of-way necessary to meet the 60 foot standard. 2. Right-of-Way Acquisition and Improvement. a. The Applicant has agreed to pay and shall pay to the City the full amount of the City's costs necessary for the City to condemn the disputed right-of-way of Brown Street from the northeast portion of the proposed PUD to Comstock Way to the north provided that such payment from the Applicant to the City not exceed $20,000. The City shall invoice the Applicant for all necessary costs related to the condemnation of this property and the Applicant shall pay the amount due to the City 30 days after the invoice is received. b. If the City takes legal possession of the condemned property within 2 years of the passage of the Ordinance granting development approval or by the completion of Phase I, whichever time is later, the Applicant shall be required to improve Brown Street from the northeast portion of the proposed PUD to Comstock Way to the north within 1 year of the time that the City acquired Page 8 - Conditions of Approval, Boones Crossing PUD ~_.~,-~-~, '--....-.,~~-"--'.,......~~.._,,_.."""-,,~_._---'-~---""""" >~''''''''''''' ATTACIiMENT }) Page~ of I ~ possession or prior to the completion of Phase 1, whichever time is sooner. (Note: This is in addition to the full width improvement of Brown Street required along the development itself) · The connecting paved portion of road shall be at least 24' wide with curb and gutter on both sides, a sidewalk on one side, and storm drains as required by engineering design standards · If additional widening of the connecting road is required, cost distribution shall be allocated as outlined below: · The City and the Applicant shall equally share the cost of widening the street from 241 to 29' · The City or the adjoining property owners shall pay any additional cost needed to widen the street beyond 291 width c. Brown Street Sidewalk; 1. To provide safety to pedestrians, the Applicant shall install a sidewalk along that side of Brown Street to be decided by the City from the end of the new Steldov housing development near Bradley Street to Cleveland Street. The actual costs of this sidewalk improvement shall be borne equally by the Applicant and the City. This cost is estimated to be $40,000 to be paid by the City and $40,000 to be paid by the Applicant. All other sidewalks must be constructed according to prior conditions and city standards. 2. All of the Brown Street sidewalk construction shall be completed by the Applicant as a part of Phase 1 infrastructure improvements E. Brown Street Patching and Resurfacing 1. Because of the deep sewer line construction, a standard asphalt patch shall be applied to the entire length of the Brown Street trench from Cleveland Street to Comstock Way by the Applicant. 2. The Applicant shall resurface Brown Street from the Comstock Way intersection to the Bradley Street intersection after providing the required asphalt grinding. 3. As a part of its city-wide resurfacing program, the City shall pay for street resurfacing from Bradley Street to Cleveland Street. a. The south arterial shall be improved by the Applicant in accordance with the TSP as a minor arterial. A 36 foot wide street improvement on 74 feet right- of-way shall be required along the south portion of the property from Boones Page 9 - Conditions of Approval, Boones Crossing PUD _'"'W_M"'~'''~'_'''''''''__''_~'''~'_''''___"_''_''''''''''~______. 1"'-- ATTACHMENT U page..L!2- of I 3 Ferry Road to the east property line. Sidewalks shall be required on the north side of the arterial and shall not be required on the south side. Curbs shall be required on both sides. The Applicant shall increase the 36 foot wide pavement improvement to 48 feet wide when the commercial development occurs within the PUD. b. In summary, the Applicant shall provide the following street improvements: Improvements a. Street inside the subdivision - as per adopted transportation system plan (TSP) b. Street outside the subdivision - III Adjoining residential portion of subdivision development, conform to TSP for width 11 Adjoining multi-family and commercial portion of subdivision, conform to TSP for width lll. Not adjoining subdivision - i.e., extended to another connection point as a secondary access, conform to council approved conditions IV Not adjoining subdivision - i.e., extended to another connection point as a primary access, conform to council approved conditions Applicant Responsibility Sidewalks on both sides wI standard full width pavement. up to 34' wide as shown on TSP one-side sidewalk wI standard full width pavement. up to 34' wide one-side sidewalk wI standard full width pavement. as indicated on adopted TSP one-side sidewalk wI two traffic lanes, i.e., up to 24' wide pavement* (such as existing gravel portion of Brown Rd connection or as required by council approved conditions) width between 24' & 29' shall be shared by the city. Applicant shall not be responsible beyond the 29' width one-side sidewalk wI up to 34' wide pavement. *The added cost of pavement thickness due to structural strength need shall be paid by the Applicant for the widths outlined. E. PUBLIC WORKS: DRAINAGE I. The storm sewer system and on-site detention shall comply with the City's Storm Water Management Plan and Public Works Storm Water Practices. A hydraulic analysis shall be provided to the City by the Applicant for review and approval. Page 10 - Conditions of Approval, Boones Crossing PUD -~~~'-,. ATTACHMENT "J:) Page..J..L, of I 3 2. On-site detention facilities shall be maintained by the Homeowners Association. Phase I proposes to discharge through the existing facilities constructed with the Steklov Addition, which is acceptable. Phase 2 proposes to locate a facility in the southern portion of the development, discharging to Mill Creek through open drainage way. This shall require proper easements for locating the system on private property and future access for maintenance needs be provided. After review of the hydraulic analysis, the use and features of surrounding area it may be that an open drainage way would not be allowed, but rather a underground pipe system would be required. All necessary easements with third parties shall be provided by the Applicant to the City prior to Phase 2 plat approval. 3. The development shall be subject to wetland regulations. The Division of State Lands shall be contacted and proper pennits obtained, if required. D. SANITARY SEWER; l. The Applicant shall, at its cost, serve the entire development, all phases, by installing a deep sanitary sewer main from the Mill Creek interceptor located at the intersection of Brown and Cleveland to the south and east ends of the development. The entire width of Brown Street, that has been recently paved, shall be resurfaced by the Applicant after patching the sewer trench. Phased sewer line construction shall be allowed, however, the termini of sewer line locations and depths shall be such that it is suited for future extensions to adjoining areas including the south end of the development. The preferred location for the sanitary sewer extension shall be within the southerly extension of Brown Street. However, if the right-of-way or easements can not be obtained, the system may be constructed through the rear lots of the Steklov Addition as proposed by the Applicant. This shall be acceptable only if the Applicant provides the necessary easements the city, including access to each manhole for future maintenance. If the deep sanitary sewer is not installed in the preferred Brown Street location then the sanitary sewer shall be extended to Brown Street through either Vine Street or Park View Blvd. It shall then be extended to the North and South line of the development at a sufficient depth to provide for the future extensions. E. WATER: l. The 12" dia. water main shall be extended along Boones Ferry Road and the South Arterial to the east boundary of this development as proposed by the Applicant The interior water mains shall be internally looped and shall be sized in accordance with flow and fire protection requirements. The minimum looping requirements outside of the interior mains shall be as per the following. Page 11 - Conditions of Approval, Boones Crossing PUD ......-'" ,-,-"-~,<",~,'~,~~_.,'"," ~"'~--,~'--- 'I ._-~-_.._..,-_._.,..,-----, ,'"~ ATTACHMENT P Page Jd' of J .3 a. The interior system shall connect to the proposed 12" dia. main at each proposed street intersection, including the streets providing only emergency access. b. The interior system shall be looped to provide proper fire flow and water quality. Prior to the development of Phase 2 , this system shall be connected to either the existing city main located in Parr Road (Steklov Subdivision) or the existing main located on Brown Street, near Comstock Way. The water line shall also be installed within Brown Street adjacent to this development, and shall be extended to the north and south property line. The main shall be sized according to flow requirements, however the minimum size shall be 8" in dia. c. The interior system shall be connected to proposed system at the end ofBridlewood Subdivision at the end of Azalea Street. The minimum size shall be 8" in dia. d. The proposed water main serving the cul-de-sac on Pana Street shall be looped to the proposed main in Azalea Street. 2. Fire protection requirements, access, fire hydrant requirements and fire protection issues shall according the Woodburn Fire Districts conditions of approval. 3. Actual fire hydrant locations and in line valving locations shall not be detennined until the construction plan review phase. 4. See wastewater/water comments in regard to cross connection requirements. F. FIRE 1. The Applicant shall provide and maintain driveable access to within 150 feet on all sides of the exterior of all structures. 2. A minimum fire flow/water supply of 1000 gpm shall be provided and maintained for single family residential, with a minimum of 1500 gpm for commercial and multifamily structures. Note: commercial structures could require a higher flow depending on type of construction, size, use and whether they are sprinkled. 3. Hydrants shall be spaced at an average maximum distance of 500 feet apart. No structure shall be more than. 250 feet from a hydrant. Specific locations shall be approved by the City water department and the Fire District. 4. All sprinkler installation and requirements shall be subject to approval of the City Building Department and Woodburn Fire District. Page 12 - Conditions of Approval, Boones Crossing PUD ...... '~~~~--~'''''''-'~''~^'-'''''' ATTACHMENT D Page..J..3.... of / ,3 5. As to premise identification, all markings and locations shall meet City standards. The following street names are in conflict and shall not be used: Elm, Pine, Maple, Ash, Oak, Park View, Azalea. Pana as proposed does not connect. The Applicant shall submit a new street name for one of the two unconnected streets. 6. An onsite water supply system shall be available, operational and acceptable to the City prior to the constmction of any combustible buildings. Access during construction shall support the weight of fire apparatus and allow access to structures. G. RECORDATION: Per City Council direction, the Woodburn Planning Department shall record the Conditions of Approval in the deed records of Marion County. THE APPLICANT REPRESENTS THAT IT HAS READ AND AGREES TO ABIDE BY THE FOREGOING CONDmONS OF APPROVAL Polygon Northwest Company Page 13 - Conditions of Approval, Boones Crossing PUD .....___ " 'H'"~'____'''''_''''<'+''''''''__'W''''''~~__H''__''''~.~'''_'___'''~'''............_.....,__._......................-.........._