The URL can be used to link to this page

Ord 2097 - Annex I-5/Hwy 214 Int , I COUNCIL BILL NO. 1437 ORDINANCE NO. 2097 AN ORDINANCE DECLARING CERTAIN TERRITORY LYING CONTIGUOUS TO THE CITY OF WOODBURN, OREGON, LOCATED ON A SITE ABUTTING 1.5 NEAR THE HIGHWAY 214 INTERCHANGE TO BE ANNEXED TO SAID CITY; AMENDING THE WOODBURN COMPREHENSIVE PLAN MAP FROM CITY MULTI-FAMILY RESIDENTIAL TO CITY COMMERCIAL; CHANGING THE ZONING DESIGNATION FROM COUNTY URBAN TRANSITION ZONE (UT) TO CITY COMMERCIAL RETAIL ZONE (CR); AND APPROVING A SITE PLAN. WHEREAS, there has been submitted to the City of Woodburn a written request for annexation to the city signed by the majority of the electors registered in the contiguous territory described in Section 1 and the owners of more than one-half of the land in that contiguous territory; and WHEREAS, Resolution No. 1151 passed by the City Council and approved by the Mayor on October 29. 1992. initiated the annexation of the territory. called for a hearing on the proposed annexation and related land use questions, and directed that notice be given; and WHEREAS, said hearing was held on November 9, 1992 at which the legal voters of the city and others were afforded the opportunity to be heard; and WHEREAS, after conducting the hearing and considering all objections or remonstrances with reference to the proposed annexation, the Council finds that: (a) the territory is all within the Urban Growth Boundary as shown in the acknowledged Woodburn Area Comprehensive Plan; and (b) it is in the best interest of the city that the territory be annexed; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The legal description of the involved real property is as follows: Beginning at a point which is 1348.51 feet North 88053' West and 786.11 feet North 89006'47" West from the most Easterly Northeast corner of the William Darst Donation Land Claim No. 60 in Township 5 South, Range 2 West of the Willamette Meridian in Marion County, Oregon; thence South 8031 '01" West 624.06 feet; thence North 890 23'29" West 713.37 feet; thence South 30019'50" West 396.07 feet; thence North 89020' West 119.59 feet to a point on the West line of a tract of land conveyed to Ray Scamp ley by deed recorded in Volume Page 1 - COUNCIL BILL NO. 1437 ORDINANCE NO. 2097 _.- - .-.........--."_._--_._._.........--_.._'-,.~-~"_._-_.._- .., 340, Page 306. Deed Records for said County and State; thence South 0058'26" East 400.00 feet to the most Southerly Southwest corner of said tract of land; thence South 89020' East along the South line of said tract of land 931.03 feet to a point on the Westerly right-of-way line of the Interstate Highway No.5; thence North 35021 '14" East along said right-of-way line 1653.93 feet to a point on the North line of said tract of land; thence North 89006'47" West 769.52 feet to the place of beginning. SAVE AND EXCEPT all that portion of the above described property lying within County Road No. 511, also known as Arney Road and including that segment of Arney Road contiguous with the most northerly boundary of this property. Section 2. The real property described in Section 1 of this ordinance is hereby annexed to the City of Woodburn, Oregon. Section 3. The Comprehensive Plan Map designation of said real property is amended from City Multi-Family Residential to City Commercial. Section 4. The zoning designation of said real property is reclassified from its present designation of County Urban Transition Zone (UT) to City Commercial Retail Zone (CR). Section 5. The site plan application for said real property is hereby approved. Section 6. The Council's actions in Section 1 through 5 above are subject to the conditions contained in pages 40 through 57 of Exhibit" A", which is attached hereto and, by this reference. incorporated herein. Section 7. The Council's actions contained in Sections 1 through 5 above are based upon and justified by the findings, conclusions and conditions of approval of the Woodburn City Council (Annexation Case 92-01, Zone Amendment Case No. 92-02, Comprehensive Plan Amendment Case No. 92-01, and Site Plan Review Case No. 92- 09) which is attached hereto as Exhibit "A" and is by this reference, incorporated herein. Section 8. 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. Page 2 - COUNCIL BILL NO. 1437 ORDINANCE NO. 2097 .--" Approved as to form~~ ~ City Attorney I \ Z Y <11- APPROVED: Fer President Passed by the Council November 23, 1992 Submitted to the Mayor November 24, 1992 Approved by the Mayor November 24, 1992 Filed in the Office of the Recorder November 24, 1992 ATTEST: 11~;;:. 9 ~ Mary Tenn t. City Recorder City of Woodburn. Oregon Page 3 - COUNCIL BILL NO. 1437 ORDINANCE NO. 2097 ~--_..'~ .-.-..".--- .~....,._~~- EXHIBIT "A" Page 1 of 57 """. ;. ,. FINDINGS, CONCLUSIONS AND CONDITIONS OF APPROVAL OF THE WOODBURN CITY COUNCIL CONCERNING CHAPPELL DEVELOPMENTIIFACTORY OUTLET ANNEXATION 92-01, ZONE AMENDMENT 92-02, COMPREHENSIVE PLAN AMENDMENT 92-01, SITE PLAN REVIEW 92-09 '''_'''..__'' "'''''''_.~___'_~_'M'_~___'''''''>_<~___'_"_'''_'_'_''_~___'.,,~,,-.......-".,------~~_._---- EXHIBIT "A" Page 2 of 57 FINDINGS. CONCLUSIONS AND CONDmONS OF APPROVAL OF THE WOODBURN CITY COUNCIL CONCERNING CHAPPELL DEVELOPMENT/lFACTORY OUTLET ANNEXATION 92-01, ZONE AMENDMENT 92..(J2, COMPREHENSIVE PLAN AMENDMENT 92..(Jl, SITE PLAN REVIEW 92..(J9 , . I. ADMINISTRATIVE AND PROCEDURAL mSTORY On July 10, 1992, Chappell Development Co., Inc. med its application seeking approval to build a regional factory outlet center. The project is planned to include approximately 50 retail uses, a food court and uses ancillary to a regional shopping center. The project's planned location is on an app~oximately 28-acre presently undeveloped site abutting 1-5 near the Highway 214 interchange, with access to the site from Arney Road. The application package included the following land use requests: . Annexation . Plan Map Amendment--from City Multi-Family Residential to City Commercial with simultaneous Zone Change from County Urban Transition Zone to City Commercial Retail Zone (upon annexation) . Site Plan Review--for development of a retail factory outlet center of approximately 250,000 s.f. Notices were sent to all persons and agencies required to be notified of the applications for land use approvals. Written responses were received from the following agencies and citizens on the dates shown: Marion County Dept. of Transportation Dept. of Transportation Dept. of Land Conservation & Development Dept. of Land Conservation & Development Dept. of Transportation Dept. of Transportation Division of State Lands Division of State Lands House of Representatives October 7, 1992 October 6, 1992 September 16, 1992 September 15, 1992 September 9, 1992 September 1, 1992 August 26, 1992 August 21, 1992 August 19, 1992 August 10, 1992 -1- ',<",-""..-<-, "...____".__.-w~.....-.-~-.~"-.~-^.-'-- ,. EXHIBIT "A" Page 3 of 57 Chuck Kimball Richard Storner Tom Waggoner More Clear Co. Martin W. Rohrer Viesko Redi-Mix Inc. James Clark Public Notice October 20, 1992 September 16, 1992 September 10, 1992 September 4, 1992 September 2, 1992 August 29, 1992 July 22, 1992 undated A public hearing was held before the Woodburn Planning Commission on" September 28, 1992. Having heard comment from the Applicant and from members of the public, the Planning Commission approved the applications, with conditions of approval, by a vote of 4-3. Pursuant to the City's ordinance, the matter was then scheduled for public hearing before the Woodburn City Council. A public hearing was held before the Woodburn City Council on November 9, 1992. Having considered the Applications, the Staff Report, all public comment, and all communica- tions from agencies, the City Council, by a vote of 6-0, approved Applicant's proposal as modified by the Conditions of Approval as stated below, and now makes the following Findings and Conclusions: II. FINDINGS AND CONCLUSIONS: A. BACKGROUND The City Council finds as follows: The property, comprising approximately 28 acres, is located on Arney Road west of and abutting Interstate 5. It is outside Woodburn's city limits but within its Urban Growth Boundary. It is presently designated as High Density Residential on the Woodburn Comprehensive Plan Map and it is zoned Urban Transition Fann (UTF) on the Marion County Zoning Map. The site is undeveloped. The land is relatively flat; gently rolling hills have an elevation change of about 10 feet. Existing vegetation consists of native field grasses and a few trees. Land to the north of the parcel is in Marion County's Exclusive Farm Use zone. Land to the west consists of residential subdivisions. Land to the south has been developed commercially into an RV park, a motel and a gas station. Arney Road provides the only access to the site and other commercial uses in the area, with the primary access point from Arney at Highway 214 and. a secondary access point from Arney at Crosby Road. The Applicant will have to substantially improve access to the site to comply with requirements of the City and of the Department of Transportation, as described herein. -2- EXHIBIT "A" Page 4 of 57 Most City Services are within 1,000 feet of the project site. The proposed development will be connected to public sewer facilities. Gas, electric and telephone presently exist adjacent to the site and will be extended to the site at the time of development. Surface storm water drainage currently sheets off-site to the east; Applicant will provide on-site stormwater collection draining to a subsurface detention system. B. LAND USE CRITERIA APPLICABLE TO ANNEXATION. COMPREHENSIVE PLAN MAP AMENDMENT. AND ZONE CHANGE '." The land use criteria which the City Council finds applicable to this request are as follows: 1. Woodburn Zonim! Ordinance: Chapter 15. Chapter 16. Chapter 29. Zone Change Procedure Comprehensive Plan Map Amendment Procedure Commercial Retail District 2. Woodburn Comvrehensive Plan: Chapter VI. A. B. Environmental Quality Air Noise Chapter VIII. Land Needs for the Future A. Residential Land B. Commercial Land Chapter IX. A. B. D. E. G. H. .. Goals and Policies Residential Land Development Policies Policy A-I Commercial Development Policies Policy B-1 Policy B-2 Policy B-3 Policy B-4 Annexation Policies Citizen Involvement Policies Policy E-l Housing Goals and Policies Policy G-l-l Policy G-l- 2 Public Services Goals and Policies -3- . ._ ,..+"" ."_4.H_.'...._._,__~"~..,...^_._._.~."".~_.~~.~-~._..". '._.-,-_._- I. J. K. M. Chapter X. B. C. Chapter XII. C. D. F. I. EXHIBIT -A- Page 5 of 57 Goal H-l Goal H-2 Policy H-l Policy H-2 Policy H-4 Policy H-5 Policy H-6 Transportation Goals and Policies Goal 1-1-2 Goal 1-1-4 Goal 1-3-1 Growth Goal Growth and Urbanization Policies Policy K-l Policy K-3 Policy K-4 Policy K-6 Policy K-7 Policy K-ll Energy Conservation Goals and Policies -':' The Land Use Plan Commercial lands High Density Residential Lands Implementation of the Plan Growth Management Site Plan Control Access Control Citizen Involvement 3. Statewide Planning Goals: Goal 1 Goal 2 Goal 5 Goal 6 Goal 9 Goal 10 Goal 11 Goal 12 Goal 13 Goal 14 - Citizen Involvement Land Use Planning Open Space, Scenic and Historic Areas, and Natural Resources Air, Water and Land Resources Quality Economic Development Housing Public Facilities and Services Transportation Energy Conservation Urbanization -4- > "_...,_.,.....__,.~_,_"..,..""".,..,__.,__.._._""".._~..~___._h_,._.~._.,.~. . -'--' , EXHIBIT -A- Page 6 of 57 4. Woodburn Transporlation Plan: 5. Woodburn Subdivision Ordinance: 6. Urban Growth Boundary and Policy Agreement: Many of the applicable land use criteria contain requirements or policies that are similar to other applicable land use criteria. Where applicable, and to avoid undue repetition, any discussion of such criteria should be considered to incorporate any other dis<<u;;sion of similar criteria within these findings. .. C. APPLICATION OF LAND USE CRITERIA TO ANNEXATION REOUEST. COMPREHENSIVE PLAN MAP AMENDMENT AND ZONE CHANGE 1. ANNEXATION REQUEST: The City Council finds as follows: The reason for this annexation request is to incorporate Tax Lot 44114-000, 5-2W-12B-200 into Woodburn's City limits. The property falls within the City of Woodburn's Comprehensive Plan and should be annexed as it becomes ready for development. The proposed site has the capability of handling the water, sewer and storm drainage of the planned use to meet the needs of the proposed development. Conclusion Regarding Annexation: The City Council concludes that the Application satisfies all the requirements for annexation, that there have been no objections to the annexation request, and that the property should be annexed to the City of Woodburn. 2. STATEWIDE PLANNING GOALS: Introductory Statement The City Council finds as follows: The property in question, along with all the other property in the Woodburn area, has been the subject of comprehensive land use planning in the past. By acknowledging Woodburn's Comprehensive Plan, LCDC earlier decided that the placement of this property in the multi-family residential zoning district was consistent with all applicable Statewide Goals. Accordingly, for this application for a comprehensive plan change and its related land use applications, the question is whether a change from the multi-family zoning district to the commercial retail zoning district is also consistent with those Goals. -5- l' . .,~..,.....,.... "._------._._._.".~....-'_..__.~'_."""._~ ..-...".....-. .~_.~"'--~'--' " EXHIBIT -A- Page 7 of 57 The Process Goals (Goals 1 and 2) Are Satisfied. The process goals include Goals'l ([0 Provide a System Permitting Citizen Involvement) and 2 (Land Use Planning) seek to ensure that the land use planning process is open to citizen involvement and that decisions by land use planners are based upon careful consideration of the facts at hand. Since the procedural portions of Woodburn's zoning ordinances which are intended to satisfy these Goals have been acknowledged as satisfactory by LCDC, the only issue concerning these goals is to make sure the ordinances have been properly followed in each land use proceeding. The application does not seek to change to any portion of the Plan relating to Goals I and 2. These procedures are being followed and accordingly Goals 1 :rnd 2 have been satisfied. The Rural Protection Goals (Goals 3 & 4) Are Inapplicable. Goal 3 seeks to preserve agricultural land for farm use. Goal 4 urges conservation of forest land for forest uses. LCDC has already acknowledged, by permitting the roning of this property for multi-family use, that this land is not needed to satisfy Goal 3 or Goal 4. The reclassification of the property to commercial/retail therefore has no bearing on these Goals; they do not apply to these applications. GoalS (To Conserve Open Spaces and Protect Scenic and Historic Areas and Natural Resources) Requires Confirmation that No Wetland Exists On Site. This proposal generally does not implicate Goal 5 because LCDC's approval of its designation for multi-family residential use acknowledges that the property is not needed to remain unbuilt in order to provide open space and is not a scenic or historic area. The reroning to commercial/retail does not affect this. However, there is some indication about possible wetland presence, and developer needs to confirm a wetland does not exist. See Conditions of Approval. Goal 6 (To Maintain and Improve the Quality of the Air, Water and Land Resources Quality) Is Served By the Proposal. This goal seeks to maintain and improve the quality of air, water and land resources of the state. The question for this application, again, is how a change from a multi-family use to a commercial retail use affects this goal, if at all. The proposal contemplates that the property in question will be annexed to the City of Woodburn, thereby subjecting itself to all the City's standards for waste systems design. These standards are designed to ensure compliance with state and federal pollution guidelines and to ensure that the system is expanded in an orderly fashion which does not degrade the environment; in short, compliance with the City's standards will ensure compliance with Goal 6. The City's review procedures ensure that any system is designed so that the proposal will not exceed the carrying capacity of the systems already in place. None of the proposed retail uses of the property is expected to degrade the air or water -6- '__.~'b._,~,~.__.h"__'___ ,.. " EXHIBIT "A- Page 8 of 57 quality. Further, there is no indication that a commercial/retail center would threaten the availability of such resources, particularly when compared to the impact of a multi-family residential development. The proposal indicates that sewer service 'Will be provided through an approved extension of the Woodburn sewer system. Solid waste will be disposed in a manner acceptable to the local government and in compliance with all federal and state regulations. The traffic study states that automobile use for a retail center is less intensive, overall, than would be automobile use related to a multi-family housing development indicating that the change in zoning is cqn~istent with this aspect of the Goal. .. Goal 7 (To Protect Life and Property from Natural Disaster and Hazard Areas) Is Inapplicable. This Goal seeks to protect life and property from natural disasters and hazards. This property is not subject to flooding, landslides, earthquakes, or other listed hazards. It is flat land located in the center of a valley, and it is not near a river, stream or other body of water; therefore Goal 7 is inapplicable. Goal 8 (To Satisfy Recreational Needs and Provide for Appropriate Destination Resorts) Is Inapplicable. This goal primarily concerns the siting of destination resorts, but to the extent it speaks to recreation generally, it is inapplicable to a change from multi-family to commercial use. The proposal, however, is not without its recreational aspects. The proposed retail center is located very close to a recreational vehicle park and is located on the road which leads to Silver Falls, a popular tourist destination. Factory outlet malls such as the one proposed here tend to attract new visitors and to expose them to recreational and tourist opportunities in the area. Goal 9 (To Provide Economic Opportunities) is Fully Implemented by the Proposal. This project provides an opportunity for the City of Woodburn to add millions of dollars of value to its tax base and to add over 600 management, service and support jobs, many of which have salaries greater than the average for Marion County. These jobs, in turn, pump money into all aspects of the local economy and diversify it as well, providing jobs in sectors that are presently less well-represented in Woodburn. Contact with various economic development agencies indicates that the project is considered to have a positive economic impact. Goal 9 seeks to ensure that Comprehensive Plans of local governments contribute to a healthy economy by providing opportunities for economic expansion. It asks that each Comprehensive Plan for an urban area "Provide for at least an adequate supply of sites of suitable sizes, types, locations, and service levels for a variety of industrial and commercial uses -7- ~ ,.,'.'-_...._......_--"_."'",.~.~..~.__.,.,. .,._--_.,._~....- -~,..'-_. - -" EXHIBIT -A- Page 9 of 57 consistent with plan policies" and indicates that "A principal determinant in planning for major industrial and commercial developments should be the comparative advantage of the region within which the development would lie located." It also urges that local governments should consider land use controls and ordinances as one method or device for implementation of the Goal. This proposal provides an opportunity for the City of Woodburn to comply more fully with Goal 9. Woodburn's Planning Department reports that there are very few sites designated as Commercial which are not already committed for other projects. In fact, there is only one other site of a size comparable to the property now being considered, and that ~i'te is on the far east boundary of the Woodburn Urban Growth Boundary. To gain access, a shopper would have to drive all the way across the middle of Woodburn, creating a potentially serious traffic problem. In addition, any economic benefit would be lessened because a retail outlet mall so located would lose the benefit of visibility from the highway and therefore would be less popular. In contrast to the shortage of available land designated as commercial, the Land Use Element of the Comprehensive Plan indicates that there is a surplus of land designated as multi-family residential. Although the continued accuracy of this assessment has been questioned, the City intends to avoid any loss of multi-family zoned property by rezoning approximately 28 acres of land elsewhere in the City to multi-family. This site, located as it is immediately adjacent to an interstate freeway and across the freeway from schools and parks, is relatively less suitable than other sites for multi-family housing. It is unlikely a developer would purchase the site and build multi-family housing there, knowing that the units would have less value and therefore less return on an investment than would another site without these attributes. In addition, there would be a potential problem placing buildings meant for housing on the BPA easement, which effectively removes between five and ten acres from the potential multi-family development, a further detriment to its value and attractiveness as multi-family inventory. The present proposal has located parking on the easement, a use that the BPA (and prospective tenants) view more favorably. The comparison of advantages urged in the Goal, then, clearly balances out in favor of zoning this property commercial rather than residential. The Goal also indicates that in siting commercial uses, the local government should encourage the most efficient use of resources and should consider environmental impacts. The proposed development encourages an extremely efficient use of resources by its proximity to the highway and its concentration of commercial activity. It provides no detriment to the environment or natural amenities because it would be located in a relatively un scenic site at the edge of a multiple-lane highway, with its buildings and parking lots facing the highway rather than other multi-family property adjacent to it. Its neighbors are generally other commercial or highway-dependent uses (hotel, filling station, recreational vehicle park). As discussed in connection with Goal 6, the proposed use is not anticipated to degrade the air or water. -8- <>~. ,.,....__~.~_..4__ ... . ._..~..___,_,_.~"~ ,'__"'~""U"'_ ',_,".' .._'~- . ..._~_.__.- ,.- EXHIBIT -A- Page 10 of 57 Goal 10 (Providing Necessary Housing) Is Not Offended By The Proposal. According to the land use element of the Comprehensive Plan, there is a surplus of over 220 acres of land designated for multi-family residential use contained in the plan. As discussed at some length in connection with Goal 9, as compared to other sites this site at the edge of and on the other side of a busy highway is relatively less suitable for housing than other undeveloped multi-family residential sites. Accordingly, it is unlikely that even given its zoning designation, a developer would choose the site to locate a housing development. As a result, permitting commercial retail use of the site would not result in any decrease in the numbt;r pf multi-family units that are actually likely to be built. Instead, it is more appropriate to loCate other areas within the city's UGB that could be designated as multi-family. The Land Use Element also identifies a surplus of single family residential property which will be upzoned to be multi-family residential property as a condition of approval to the zone change and site plan applications. Accordingly, the proposal will not result in a decrease in the available housing inventory, and any potential effect on the cost of land and the stability of the housing market would thereby be eliminated. Goal 11 (Orderly Expansion of Public Facilities and Services) is Satisfied. Goal 11 asks local governments to arrive at a plan for insuring that public facilities and services are adequate to serve the needs of the various areas. Areas within urban growth boundaries are requested to have systems that are capable of meeting current and long range needs. LCDC's acknowledgement of Woodburn's Comprehensive Plan indicates that Woodburn has adequately provided a system for orderly expansion within the urban growth boundaries. Although not yet within the City limits, the area in question is within the Urban Growth Boundary. Services are available at the peripheries of the site and there is no difficulty with connecting with all necessary waste disposal and utility systems. Accordingly, this Goal is met. Goal 12 (Provision of Safe, Convenient and Economic Transportation) is Satisfied. Goal 12 is directed primarily to local governments in drafting their transportation plans. It asks these governments, in arriving at transportation plans, to take a number of things into consideration, including different modes of transport, minimizing adverse impacts, and facilitating the flow of goods to serve the local economy. Woodburn's Transportation Plan is currently under review, and the City Council has therefore applied certain conditions of approval as noted below. However, to the extent this goal implicates a single project approval rather than the approval of a transportation system, the proposal serves the goal because it will improve the transportation system in the immediate area and will probably have a less substantial impact than would a multi-family housing project. A traffic study has been performed and indicates that while a greater number of different automobiles might travel to a retail outlet center than to a multi-family residential complex, a retail center causes fewer overall miles to be driven by autos -9- ,...,_._...,__.".."......, .._.~.,.".~~"..w__~.._._^.__,.,....__._...,.__.._._______...,~. EXHIBIT -A- Page 11 of 57 in the area. The City finds that the Applicant has proposed adequate mitigation of all traffic impacts caused by this development. However, the City has been advised by OOOT and OLCO that the City must conduct additional studies regarding transportation needs in the 1-5 interchange area over the long-term planning period before it can make the findings necessary to show compliance with the statewide Transportation Planning Rule. See Conditions of Approval. The proposal also includes a planned re-routing of Arney Road which provides for a far more efficient and orderly orientation. The sharp 90-degree curves that now characterize the road will be eliminated and replaced by larger radius that meet modern safety requirements. The new Arney Road will be constructed with a 6O-foot right of way to accommodate all lanes that may eventually required to be built by the road departments of Woodburn, Marion County, or the State of Oregon. While the road will be rerouted, access to all properties formerly reached by the road will be maintained and improved. In addition, the Applicant's Site Plan contains a proposal by the developer to participate in the placement of a traffic signal at either Arney Road or Woodland Road, depending upon the preference of the City. According to the traffic study, a signal at either location will effectively control traffic traveling to and from the retail center without adversely affecting circulation by other autos in the area. Goal 13 (Energy Conservation) Is Satisfied. The buildings which make up the proposed project will be built in an energy-efficient style. Applicant is attempting to meet the requirements to be awarded a State Business Energy Tax Credit. In order to qualify, the buildings must be made at least 10% more energy-efficient than a similar building that just meets the state building code. In its attempt to meet this requirement, the proposal amply serves Goal 13. In addition, the proposed project's proximity to the highway provides for efficient travel, resulting in a fuel savings. Goal 14 (Orderly Urbanization) Is Satisfied. This goal is amply served because this property is within Woodburn's Urban Growth Boundary and is now being urbanized in accord with the overall aims of the land use plan in place. The goal of orderly urbanization is served better if retail/commercial development is placed on this site rather than multi-family housing, because of the site's proximity to the highway. A commercial use at this site services the classic vision of orderly and effective land use design, which contemplates more intensive commercial or industrial uses being located next to transit corridors, providing buffering for less intensive useS'located further away from the roads. City services are available to the site and most are within 1,000 feet of the project. -10- . .._._..._"...._......,_"_,.,_............_.........~.".'.'_k" _.., ,_, .,,_~.~.___......_~ ~___,..~__..~____.~__. .- EXHIBIT "A" Page 12 of 57 The WilIamette River Greenway Goal (Goal 15) and the Coastal Protection Goals (Goals 16-19) Are Inapplicable. Goals 15 through 19 are inapplicable simply because the property is not located in the Willamette River Greenway or on the coast, the only areas to which the protections stated in those goals are applicable. Conclusion Regarding Statewide Planning Goals: , > The City Council concludes that the proposed development complies with all applicable statewide Land Use Planning Goals. 3. WOODBURN COMPREHENSIVE PLAN: Chanter VI. Environmental Oualitv A. Air E. Noise The City Council finds as follows: The proposed development will not significantly affect the air quality of the Woodburn area. Further, the proposed development will provide additional buffering for residential areas from one of Woodburn's major sources of noise, 1-5. Conclusion Regarding Chapter VI - Environmental Quality: The City Council concludes that the applicable requirements of Chapter VI have all been complied with. Chanter VIII. Land Needs for the Future A. Residential Land B. Commercial Land The City Council finds as follows: With regard to Residential Land, the Comprehensive Plan states: "With approximately 220 surplus acres designated for multi-family uses and approximately 617 surplus acres designated for single-family uses and with mobile homes allowed in either designation under certain standards, Woodburn can more than adequately provide the necessary land for -11- 1 ,- _.~-~._- . . ,-~...--.....-"'" ........ EXHIBIT "A" Page 13 of 57 projected increases in mobile home, multi-family, and/or single-family development. Accounting for all housing types the City can estimate a total surplus of land for single-family uses of approximately '617 acres, and a surplus of available multi- family uses of approximately 220 acres." These portions of the Comprehensive Plan indicate that there is a surplus of both multi-family and single-family residential property available in Woodburn. The objectives the city aimed to achieve by having a surplus of residential land were 1) to more'ltan adequately provide the necessary land for projected increases in different housing types, and 2) to maintain a stable market in land by including 30% more inside the Urban Growth Boundary than was required, thereby lessening the chance of driving up the price of land due to its scarcity. The data supporting the quoted portions of the Comprehensive Plan have not been updated since 1988, and the Department of Land Conservation and Development and others have expressed concern over the removal of approximately 28 acres from the City's inventory of available multi- family land. The City, however, can maintain the necessary balance by redesignating a similar number of acres to multi-family residential elsewhere in the City. Such redesignations will be a condition of approval for the zone change and site plan applications. In contrast to residential land, there is a shortage of adequately sized, configured and located commercial land for development, as discussed in detail herein. With regard to Commercial Land, Chapter VIII (B) states: "Many of the present commercial uses are inefficient and were established in the County or when the City was smaller. The land is now more valuable that the current use would suggest. It is also expected that increased efficiency of commercial uses, especially mall type developments as opposed to strip commercial, will result in concentrations of commercial uses". The proposal is a mall-type development rather than strip commercial. The complex will have a central parking area and its design will encourage pedestrian circulation around the center and to the center from surrounding commercial and residential uses. The mall type development with limited access points clusters the number of stores into one complex, which is much more efficient than strip development as realized on Highway 99E. The project's proximity to 1-5 and the Hwy 214 interchange make for extremely efficient commercial use, and the proposal itself includes an efficient delivery system with a service road to facilitate deliveries to the site. -12- ~,---'.>..,,~,_. ""-~-""---,-~,,,-,,,,"'-'"--'''-''-'''''-''' l' EXHIBIT "A" Page 14 of 57 "", Conclusion Regarding Chapter VIII - Land Needs for the Future: The City Council concludes that the applicable requirements of Chapter VIII have all been complied with. Chanter IX: Goals and Policies of the Land Use Plan A. Residential Land Develonment Policies B. Commercial Land Development Policies D. Annexation Policies E. Citizen Involvement Policies G. Housing Goals and Policies H. Public Services Goals and Policies 1. Transportation Goals and Policies J. Growth Goal K. Growth and Urbanization Policies M. Energy Conservation Goals and Policies '--~ The City Council finds as follows: Regarding Residential Land Development Policies, the Comprehensive Plan states as follows: A-I. Residential areas should be designed around a neighborhood concept. Neighborhoods should be an identifiable unit bounded by arterials, non-resi- dential 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. The proposed site is situated in an area that is less than ideal for a residential neighborhood. All schools are across an interstate highway. The area is rapidly becoming more commercial because of its proximity to major arterials, especially the interchange ofI-5 and 214. The isolation of the property caused by the highway barrier would make it more difficult to provide a neighborhood concept on the proposed site. Multi-family developers are less likely to purchase the site for use as a multi-family project because of its closeness to a noisy freeway and the resultant lower value of the development. The BP A easement running through the length of the east boundary for a width of over 100 feet poses major difficulties in siting residential buildings and associated parking, further decreasing the value of the property for that use. The BPA easement comprises between five and ten acres of the total property. Further, there are 60-70 acres of high density residential land spreading out between Woodland Avenue and 1-5, including the parcel proposed to be developed herein. In general, -13- . -.--...... .-----'-<--.......~ EXHIBIT -A- Page 15 of 57 ...c, , multi-family parcels exceeding 15-20 acres are not perceived by the community as perfectly compatible with local residential preferences. In other words, multi-family parcels of sizes larger than 15-20 acres are not perceived as suitable to provide focus and identity within the community. Regarding Commercial Land Development Policies, the Comprehensive Plan States as follows: B-1. The City should at all times have sufficient land to accommodate the retail needs of the City and the surrounding market area. The cii:{ presently has four major commercial areas: 99E, 1-5 Interchange, the downtown area and the 214/211/99E four corners intersection area. No new areas should be established. Although the proposed site is presently zoned multi-family, the proposed Regional Factory Outlet Center site is situated in an area better located and configured for retail needs off the 1-5 interchange. There are not enough adequately sized and located commercially zoned parcels in Woodburn to accommodate the area's retail needs. While there are still approximately 25-30 acres of commercial land available in the 1-5 Interchange-Arney Road area, this acreage is in 8 parcels in different ownership representing sizes ranging from less than an acre to 9-10 acres. These parcels are zoned Commercial Office and Interchange District, neither of which allows major retail use. The Applicant and the City explored a scenario whereby these parcels might be consolidated and rezoned from less to more intense commercial district, but this possibility was determined to be unsatisfactory because I) the land configuration was not conducive to a concentrated commercial use since it cannot result in a consolidated parcel(s) of adequate size to accommodate such a use, 2) three lots adjacent to Arney Road lack sufficient depth to accommodate any substantial development, and 3) one lot (Tax Lot 1000) is owned by ODOT which would break up the continuity of the development. This proposal would assist the City in fuller compliance with this goal. B-2. Lands for high traffic generating uses (shopping centers, malls, restaurants, etc.) should be located on well improved arterials. The uses should provide the necessary traffic control devices needed to ameliorate their impact on the arterial streets. The site is situated in an area of well improved arterials and very close to 1-5. Arney Road will be improved to better suit the development. It is anticipated that in the future Hwy 214 will be further developed. The Applicant's proposal includes an offer of participation in necessary traffic control devices to ameliorate traffic impact from the development on Highway 214 intersections. See Conditions of Approval. B-3. Strip zoning should be discouraged as a most unproductive fonn of commercial land development. Strip zoning is characterized by the use of -14- ~ -r , '.--.--.-.....-.-T- EXHIBIT -A- Page 16 of 57 ", 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. , ~ The proposed development will be a mall-type rather than a strip commercial project. The Applicant is proposing to develop a functional and convenient one stop and shop opportunity. The proposed complex has a central parking area and its entire design concept is directed towards encouraging pedestrian circulation around the center. Landscaping, arcaded pedestrian walks for protection from the weather, protected resting places, and a landscaped, protected cross-parking-Iot walkway facilitate circulation on foot, as does placement of the buildings and the intended locations of eating establishments within the project. 8-4. 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. The proposed Regional Factory Outlet Center has an attractive design with proposed landscaped areas to reduce and enhance the visual impact of the parking areas from the surrounding uses. The design includes a cross-parking lot corridor which is landscaped with greenery to provide a pedestrian walkway between stores opposite each other. The parking lots are screened from other uses because they are either in a central location screened by the mall buildings, or they are facing the highway rather than the surrounding parcels. Regarding Annexation Policies, the Comprehensive Plan notes the importance of avoiding inefficient, sprawling development. It also requires that if land is annexed west of 1-5, a transportation study involving the Department of Transportation is required. The development in issue has been shown to promote efficiency and avoid sprawl. Further, in connection with the updating of Woodburn's Transportation Plan, as one of the conditions of approval for this project, Applicant in concert with the City and with full participation from the Oregon Department of Transportation, is conducting a study of the entire area which complies with the latter requirement. Regarding Citizen Involvement, the Comprehensive Plan states as follows: E-1. It is the policy of the City of Woodburn to solicit and encourage citizen input at all phases of the land use planning process. Since the City is essentially trying to plan the community in accordance with the community's desires, it -15- .' T ..__,__.__w,..~. "N_._"__~__'~.I EXHIBIT -A- Page 17 of 57 is essential that the community be consulted at all stages of the planning program to insure decisions are in accordance with the community's benefit. The City of Woodburn has followed all applicable procedures in processing the applications, which have generated substantial citizen input. Regarding Housing Goals and Policies, the Comprehensive Plan states as follows: Policies ....'" G-I-I The City will insure that sufficient land is made available to accommodate the growth of the City. This requires that sufficient land for both high density and low density residential developments is provided within the confines of the growth and development goals of the City. It is the policy of the City to assist and encourage property owners, whenever possible, to rehabilitate and renew the older housing in the City. G-1-2 It is the policy of the City to encourage a variety of housing types to accommodate the demands of the local housing market. The proposed Regional Factory Outlet Center will not adversely affect the local housing market because, as discussed at length above, there is an adequate supply of land available for residential uses within the City and its Urban Growth Boundary. Nevertheless, it is a condition of approval that approximately 28 acres of land within the City be rezoned to multi-family residential in order to replace the multi-family land which will be converted to commercial by approval of the zone change and site plan applications. Regarding Public Services Goals and Policies, the Comprehensive Plan states as follows: Goals H-t. 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 · Stonn drainage to prevent flooding of valuable property where feasible. The project has been designed according to City Standards and in a way that will not cause an adverse impact to the existing public services. All public services will be brought to the site by the Applicant. (See also the discussion of Goal 6 above.) -16- --I EXHIBIT -A- Page 18 of 57 H-2. To provide a central system to accommodate the service lines to include: · Sewerage treatment facilities sufficient in capacity to accommo- date 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 accom- modate the needs of the City; and · Detention systems for flood water and stonn drain runoff so as not to overburden the drainage systems of the City. The Applicant is planning to hook-up to City sewer and will provide an on-site storm water collection system which will drain into a large diameter pipe subsurface detention system with a controlled outlet. No lift stations will be necessary. " ,. Policies H-l. It is the policy of the City to provide facilities at the least long range cost to the City. The Applicant will be paying for on-site public services and improvements, and the City will authorize latecomers' agreements with the City, providing for partial reimbursement for portions of off-site facilities and improvements from subsequent developers of adjacent properties benefitting from such improvements, in amounts to be agreed to between the City and the Applicant. With the cooperation of the City, the Applicant will be applying to the Economic Development Council for any financial assistance for which they are eligible to assist in constructing the necessary improvements. H-2. Efficient design of all facilities should be encouraged. The sizing of all lines should be adequate to accommodate the expected growth within the expected lifetime of those lines. The Applicant has designed an efficient facility and will ensure that the sizing of all lines are adequate to accommodate the lifetime of those lines. H-4. The City should minimize the number of high maintenance and operational cost facilities such as lift stations whenever possible. To maximize the utility of existing City services, and to minimize maintenance costs, existing lands which are vacant should be developed to their highest potential, subject to constraints of the Land Use Plan, and excepting areas set aside for open space preservation or parks. The project will not utilize lift stations. -17- ~- -, T . EXHIBIT -A" Page 19 of 57 ", H-S. Development Zones - The City should encourage development in areas of existing facilities first. Secondly, the City should encourage development in ares 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 Stonn Water and Water and Sewer Elements of the Comprehensive Plan. Services currently exist along the periphery of the site and have the capacity for expansion. Their proximity to the site will make the extension relatively inexpensive. 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. The project has been designed according to City Standards an in a way that will not cause an adverse impact to the existing public services. Through systems development charges and direct financing, Applicant will pay for its share of the services supplied to the retail facility. Regarding Transportation Policies, the Comprehensive Plan states as follows: 1-1-2. Develop a transportation system that interconnects residential areas with employment centers, commercial areas, schools, parks, churches and regional transportation networks. 1-1-4. To insure that state and federal highways with routes through the City are improved in accordance with projected traffic volumes and the elements contained within this plan. 1-3-1. Encourage the use and development of transportation modes which are the least energy consuming for the movement of people and goods.__ The Transportation Analysis shows that the proposed development project will not overtax the system. Traffic control devices are proposed where they are deemed necessary. The rerouting of Arney Road provides more efficient movement of people and goods. In addition, the proximity of the site to the highway makes for quick and easy access for people and goods. Bus travel to the center wilI be facilitated. Although the City finds that the Applicant has proposed adequate mitigation of all traffic impacts caused by this development, the City has been advised by ODOT and DLCD that the City must conduct additional studies regarding transportation needs in the 1-5 interchange area -18- ~. . - 1 -...-."..-'.......1'..-- EXHIBIT "A" Page 20 of 57 ',....... , over the long-term planning period before it can make findings necessary to show compliance with the statewide Transportation Planning Rule. Regarding the Growth Goal, the Comprehensive Plan states as follows: J-l City's goal is to grow to a population of approximately 18,000 by the year 2008. This growth should be orderly and accompanied by the necessary public services. The growth should be balanced in residential, industrial and retail sectors of the City. As much as possible, the growth should not add to any additional burdens on the City's taxpayers. '..~ As discussed in connection with various other Goals, the present proposal will assist the City in its growth goal by providing a job base for additional residents. Services are easily accessible and their extension will be orderly. The center will not add to taxpayer burdens as the Applicant will be financing the improvements to the services for the most part, and the center will add significantly to the City's tax base. Regarding Growth and Urbanization Policies, the Comprehensive Plan states as follows: K-I. To insure the growth is orderly and efficient, the City shall phase the needed public services in accordance with the expected rate of growth. The extensions of the existing public services should be in accordance with the master plans in this Comprehensive Plan. The sections of this application demonstrating compliance with the statewide land use planning goals and other portions of the Comprehensive Plan show that the proposed development project is consistent with the Comprehensive Plan, reflecting an orderly, efficient extension of services to an area already designated for arguably even more intensive development. K-3. The City's public facilities now being built are to be paid for by the system development charges from the anticipated growth. To insure-.!.he City's growth does not fall short of the expected growth rate, the City would only take necessary measures to stimulate growth under extreme circumstances. The proposed development project serves the City's goal of not falling short of the expected growth rate, since it encourages and supports the population growth by providing jobs. Systems development charges will be paid pursuant to the City's guidelines. -19- _.,- r -----'T EXHIBIT -A- Page 21 of 57 ,.'...... K-4. The County shall retain responsibility for regulating land use on lands within the urban growth area until such lands are annexed by the City. The urban growth area has been identified by the City as urbanizable and is considered to be available over time, for urban development. The proposed Regional Factory Outlet Shopping Center is within the Urban Growth Boundary, and will be annexed to the City. K-6. Upon receipt of an annexation request or the initiation of annexation proceedings by the City, the City shall forward infonnatiolr~regarding the request (including any proposed zone change) to the County for comments and recommendations. The County shall have twenty days to respond unless they request and the City allows additional time to submit comments before the City makes a decision on the annexation proposal. This procedure was fully complied with, and the County provided all comments it desired . K-7. All land use actions within the urban growth area and outside the City limits shall be consistent with the City's Comprehensive Plan and the County's land use regulations. By addressing the statewide goals and the Comprehensive Plan, this application ensures compliance with the City of Woodburn's Comprehensive Plan and the County's regulations as well. K-ll. Conversion of land within the boundary to urban uses shall be based on a consideration of: a. Orderly, economic provision for public facilities and services; b. Availability of sufficient land for the various uses to insure choices in the market place; c. LCDC Goals; d. Encouragement of in-filling development within developed areas before conversion of urbanizable areas; and e. Applicable provisions of the Marion County and City Comprehensive Plans. The Applicant has complied with the goals of K-ll. The proposed site is contiguous to existing city limits, and the City has the capability to handle the water, sewer and storm drainage of the planned use. Land availability has been discussed at length elsewhere in these Findings. In-filling scenarios, as discussed, were evaluated and rejected as inadequate to meet the rights of the Comprehensive Plan. With respect to the Marion County Code, the property is currently -20- ~' T . EXHIBIT RA" Page 22 of 57 "", zoned Marion County Urban Transition Farm ("MCUTF"). However, it has been encompassed on the Woodburn Comprehensive Plan and designated as high-density residential. The Applicant intends to change the Comprehensive Plan designation to Commercial and the Zone from MCUTF to City of Woodburn Commercial Retail. Regarding the Energy Conservation Goals and Policies, the Comprehensive Plan encourages energy conservation by encouraging construction of energy-conserving buildings, and also encourages reliance to the degree possible on solar energy or other non-fossil fuels. The buildings will be built in an energy-efficient fashion, and the site pl.in review shows they do not block solar access to any other buildings. Conclusion Regarding Comprehensive Plan Chapter IX - Goals and Policies: The City Council concludes that the applicable provisions of Chapter IX of the Comprehensive Plan have been complied with, subject to the Conditions of Approval. ChaDter X: The Land Use Plan B. Commercial Lands C. Hil!h Density Residential Lands The City Council finds as follows: Regarding Commercial Lands, the Comprehensive Plan states as follows: B. Commercial Lands. Commercial lands also pose difficulty in deciding their proper location because of the high traffic which is generated by commercial uses and necessity for good transportation facilities improvements. They also can impact quite severely on adjacent residential uses and this must be considered in their location, and especially in their zoning. There are three commercial areas in Woodburn, and they should serve the City for the foreseeable future. . .-,-The third large area of commercial development in the City is the Interstate-5 Interchange. . . . In general, commercial uses on the west side of the freeway should be limited to highway related interchange type uses. . .. The proposal meets the concerns outlined in this passage. The location next to the freeway minimizes traffic impacts on other transportation facilities in the City and also allows buffering of the adjacent residential areas from the freeway. The location on the west side of the freeway of this highway-dependent use clearly serves the policies discussed by this portion of the Comprehensive Plan. Regarding High Density Residential Lands, the Comprehensive Plan states as follows: -21- ~. . . T I . " EXHIBIT -A- Page 23 of 57 High density residential lands present a conflict in two ways. First of all, as they are residential, they must be protected from encroaching commercial and industrial uses or other uses which would be detrimental to any residential use. Also, because they generate more traffic per acre than low density residential uses, they must be located closer to collector and arterial 'streets. The Plan has set aside 17 different areas which are suitable for high density residential use. Most of these are located adjacent to an arterial or collector street or at the intersection of major streets. Care should be taken in developing these areas to insure that good transportation flow is accommodated and that on-site recreational uses are provide~ lo some extent to alleviate some of the problems caused by living in high density"areas. Some non-residential uses are compatible with high density residential development such as small convenience shopping markets, recreational uses such as private racquet ball, tennis or golf clubs, or rental storage facilities as typically high density, high residential development provides very little storage for the materially rich society. These types of uses may be accommodated in certain cases. This particular piece of property has been identified for high density residential development. However, as shown in the discussion above, the property is not in a desirable location for high density residential uses as compared to other undeveloped parcels zoned multi-family residential. This parcel is the only high density residential parcel situated along the 1-5 Corridor, reflecting the City's concern over whether such a location is feasible for residential development. In addition, the City will rezone other property to multi-family as discussed above in order to maintain the supply of high density residential property. Conclusion Regarding Clwpter X - The Land Use Plan: The City Council concludes that the applicable requirements of Chapter X have been complied with. Chanter XII: Imnlementation of the Plan A. Zoning: C. Growth Manag:ement D. Site Plan Control F. Access Control I. Citizen Involvement The City Council finds as follows: This portion of the Comprehensive Plan generally seeks to ensure that the plan is properly implemented so as to carry out the aims of the Plan. It is directed generally to -22. ~- .' - -"T' . 00, . .." EXHIBIT "A- Page 24 of 57 encouraging the development and passage of ordinances to control the various categories of implementation. In the present case, the ordinances developed by the City to assist it in its land use planning have ensured that the' procedure has properly carried out the aims of the Comprehensive Plan and other land use controls. See,~, the findings relating to the Woodburn Zoning Ordinance (below), Growth Goal and Growth and Urbanization Policies (above), Site Plan review (below) and citizen participation (above). Conclusion Regarding Chapter XII: "-~ The City Council concludes that the applicable provisions of Chapter XII have been complied with. Overall Conclusion Rel!:ardinl!: Comprehensive Plan: The City Council concludes that the proposal satisfies all applicable goals and policies of Woodburn's Comprehensive Plan, subject to the Conditions of Approval below. 4. WOODBURN ZONING ORDINANCE: Standards for Comprehensive Plan Amendments and Zone Chanl!:es: Chapter 16. WZO. The relevant standards are found primarily in Chapter 16 of the Woodburn Zoning Ordinance, which describes the procedures for amendments to the comprehensive plan, but which also contains material relevant to zone changes. Chapter 15 is directed specifically to Zone Change Procedures, but most of its substantive approval requirements are the same as the corresponding requirements for a comprehensive plan amendment. Sections 16.010 through 16.030 Sections 16.010 through 16.030 explain that a plan amendment is any change of the comprehensive plan text or map. They indicate that if a change is initiated by 'ill.applicant rather than the City, the application is to be in four parts, including a description of the property and its owners (Part One), a plot plan of the Notification Area (Part Two), a Certified List of the owners of property within the notification area (Part Three), and an Affidavit of the person preparing the Certified List (Part Four). The City Council finds that the Application is in full compliance with these sections. Sections 16.040 through 16.050 Section 16.040 indicates that a zone change may be considered concurrently with a zone change request, so long as the proper separate fees are paid. This joint procedure is being followed in this case, and Applicant submitted separate fees. Section 16.050 lists four findings -23- ~' .,., , -..."'.__._-"'..__.......-.._".,.,-"._--,.,-~_.".+~.--.l'>.-"-"---'~'-,-~~,----, ...... EXHIBIT -A- Page 25 of 57 which the City Council must make in approving a proposal to change the comprehensive plan. These include findings that the proposal complies with the statewide land use planning goals, that it complies with the remaining goals and policies of the Comprehensive Plan, that there is a public need for the proposed amendment, and that the proposal best satisfies that need. The City Council finds that this proposal complies with each of these required findings, as discussed in detail below. Section 16.060 Section 16.060 describes the hearing procedures which must be followed.'Section 16.060 also states that if a proposed change includes a change in the Comprehensive Plan map (as opposed to its text) the notification area is deemed to extend to 250 feet from the boundary of the area to be amended. To assist in complying with this guideline, Applicant provided a list of all property owners within a 250-foot notification area. The City Council finds that the requirements of this section have been met. Section 16.080 There is no Section 16.070. Section 16.080 is labeled "Burden of Proof" and lists a number of "specific questions" which "shall be given consideration in evaluating requests regarding plan and zoning amendments." The Section then sets forth specific criteria for an amendment to the Comprehensive Plan and a zone change: (a) To support an amendment to the Comprehensive Plan, the applicant shall: (I) Prove that the original plan was in error; (2) Show that the community has changed since the original plan was adopted; or (3) Show that there has been a change in the planning and growth of the City. (b) To support a zone change, the applicant shall: (1) Show there is a need for the use proposed; (2) Show that the particular piece of property in question will best meet that need. Applicant's compliance with these listed considerations is demonstrated in detail in below. The Proposal Complies With Section 16,050 (Plan Amendment Criteria). Section 16.050 states in full: -24- ~ .. . ~ ......,.. , ., ~,...".........._....._._...--._..~-""...._. I . EXHIBIT -A- Page 26 of 57 -.., "Before a Plan Amendment can be made, the City Council must find that the proposal meets the following criteria: (a) The proposal complies with all applicable Statewide Goals and Guidelines. (b) The proposal complies with the remaining Goals and Policies of the Comprehensive Plan. (c) There is a clearly demonstrated public need for the proposed amendment. (d) The proposal best satisfies the public need. " Parts (a) and (b) have been addressed above in the sections detailing compliance with the statewide Planning Goals and the Comprehensive Plan, and the City Council has already concluded that these parts are satisfied. Part (c): There is a Clearly Demonstrated Public Need for the Proposed Comprehensive Plan Amendment. The third requirement of WZO Section 16.050 is that the City find that there is a clearly demonstrated public need for the proposed amendment. There is an extreme shortage of undeveloped, uncommitted commercial property in the City of Woodburn. The City Council finds as follows: There is a lack of properly sized, serviced, located and appropriately zoned parcels in Woodburn suitable for the type of concentrated mall-type commercial development for which the City's Comprehensive Plan and Zoning Ordinance reveal a preference. City Staffs comments, substantial evidence at public hearings, and a review of the City of Woodburn's Comprehensive Plan Map confirm that there are few, if any, undeveloped, uncommitted parcels of properly zoned property in Woodburn of sufficient size to accommodate a concentrated commercial development such as the factory outlet mall proposed for this site. Evidence at public hearings suggests that malls of this type require a minimum of approximately 200,000 s.f. of useable space (and 20-25 acres) in order to be efficient enough to operate economically. While in 1988 the City identified approximately 133 acres of commercial land available within the city limits, since 1988 the city has been experiencing a rapid growth and presently there is insufficient commercial land available within the city limits to accommodate projected growth. Currently, available land includes a parcel of approximately 15~20 acres of commercial land at the Highway 214/Hwy 99E intersection and a parcel of approximately 25-30 acres available at the northwest quadrant of the intersection of 1-5 and Hwy 214 located near the proposed site. Vacant commercial areas (25-30 acres) are located on both sides of Arney Road in close -25- ~. ~. .....,,_. ~"..... EXHIBIT -A- PQge 27 of 57 proximity to one another but are not consolidated into a single ownership and are not capable of being consolidated to create a parcel adequate for this purpose. All vacant commercial areas in the Arney Road area are zoned CO (Commercial Office) or ID (Interchange District), zones in which major retail activities are not permitted. The two undeveloped commercially zoned properties in Woodburn that appear to be of sufficient size for such a development are both inappropriate for this type of use. The first parcel, located south of Highway 214 and directly east of 1-5, abuts Evergreen Road and is approximately 45-50 acres in size. This parcel is too large for a single Q1~1 use, and the Council has previously given tentative approval to major mixed-use development which is still in the pre-application phase. The second existing parcel is located on the far east end of Woodburn at the easternmost edge of the urban growth boundary directly north of Molalla Road. This parcel, actually consisting of several different parcels, has already been partially developed with existing single-family residential uses, although it is zoned for future commercial development. This parcel is improperly located for a freeway-oriented mall of the type proposed, or for any large, comprehensive mall-type development encouraged by the City's Comprehensive Plan. An experienced factory outlet developer has detennined thai there is a need for a center in Woodburn. The City Council finds as follows: The Applicant is experienced in commercial real estate development, including, particularly, the development of Regional Factory Outlet Centers and has determined there is a need for such a center in Woodburn. The Applicant has received preliminary commitments from approximately 50 tenants for occupancy in the proposed mall, and expects to be 75% pre-leased at the time of issuance of permits. The nearest factory outlet malls are located a substantial distance from the proposed site, with the Troutdale factory outlet mall approximately 40 miles to the northeast, the facility in Centralia, Washington located approximately 100 miles to the north on 1-5, and the Lincoln City mall, which is approximately 90 miles away located on Highway 101. Property zoned for multi-family use is relatively more plentiful than property zoned for commercial use. The City Council finds as follows: Although not strictly called for in the approval criteria for the Comprehensive Plan amendment, any consideration of the demonstrated public need for an amendment takes into consideration the relative need for the amendment as opposed to the public need for the currently designated use. The current Comprehensive Plan designation for the subject property is multi-family residential. Woodburn's Comprehensive Plan, however, reflects the City's -26- ~ ~" r """ '"'''"~'"''--''-"--_.----r EXHIBIT -A- Page 28 of 57 '.... determination that even at the year 2008, Woodburn will have a surplus of multi-family property of approximately 220 acres. Even accounting for certain recently built higher density developments and even accounting for a higher growth rate for the City than reflected in the Comprehensive Plan, City staff still projects a surplus in acreage of multi-family property of substantially over 100 acres, this including projeCtions through the year 2007. In contrast to this future surplus, the need for appropriately located, sized and zoned commercial property is being experienced now. It is not enough simply to count the total number of commercially zone<! lj.Cres in the City to determine whether the City now has an adequate supply. In order to provide a realistic assessment of the quantity of land that is practically developable, many other factors must be considered, such as the size of individual parcels, the proximity of those parcels to needed public services and facilities, whether the parcels are now developed with incompatible uses, so that they must await more expensive (and more controversial) redevelopment, topographical and environmental characteristics, etc. When these and other factors are applied to Woodburn's inventory of commercially zoned property, it becomes immediately apparent that there is a need for a commercial parcel of approximately this size in this approximate location. The need for parcels such as the proposed site for commercial use is acknowledged in the City's current Comprehensive Plan in Section VIII(B): "It is also expected that increased efficiency of commercial uses, especially mall-type developments as opposed to strip commercial, will result in concentrations of commercial uses." The City recognizes that the failure to provide sufficiently large parcels of commercial property in attractive locations can result in endless and inefficient strip commercial development. Strip commercial developments tend to worsen rather than mitigate existing traffic problems, tend to contribute less to the City's tax base, and tend to discourage more substantial concentrated investment in large commercial projects. The City's Comprehensive Plan recognized this in Section IX(B-3): "Strip zoning should be discouraged as a most unproductive from of commercial land development. . . . Therefore, acreage site lots should be encouraged to develop 'mall-type' developments that allow a one-stop and shop opportunity. The proposal can provide needed jobs to the Woodlwrn area, diversifying and expanding the economy. The City Council finds as follows: The proposed development will supply over 600 brand-new jobs to be filled by persons living in the Woodburn area. Many if not most of the positions would pay wages exceeding the average wage for Marion County. As an entirely new commercial establishment alone, the center would serve to diversify the economy of Woodburn by providing jobs in a presently less well-represented economic sector. But the center is not just an ordinary mall; it is a retail outlet mall, a type of development that has been proven to draw tourists from allover the region. -27- "t',. --".--.---1 . EXHIBIT -A- Page 29 of 57 ... Conclusion Regarding Public Need: The City Council concludes that the proposal meets the requirements of 16.050(c) and that there is a clearly demonstrated public need for the plan amendment. Part (d): The Applicant's Proposal Best Satisfies the Public Need. The fourth and final requirement of WZO Section 16.050 is that the City find that the proposal best satisfies the public need. ,;" The site is best suited for a conunercial use that concentrates develop- ment in the 1-5 interchange area. The City Council finds as follows; The site is appropriately sized for development of an efficient commercial mall type of use as encouraged by the City's Comprehensive Plan. The identified public need is for appropriately located commercially zoned property in single parcels at least 25 or 30 acres in size. This proposal meets that demonstrated need, thus facilitating the development of concentrated commercial uses in the 1-5 interchange area, already identified by the City's Comprehensive Plan as a preferred area for commercial uses. The site's visibility is well suited to conunercial retail use. The City Council finds as follows: The property is properly located for commercial retail development. Unlike some other commercial uses, factory outlet centers are almost exclusively freeway-oriented. Visibility to the highest volume highway or freeway is essential to the success of this type of development. There are other appropriately sized parcels in Woodburn that could conceivably be re-zoned for commercial use, but they are located in areas inappropriate for freeway-oriented commercial retail uses. To locate any such use any significant distance from the freeway would not only threaten a mall's financial viability, but would also produce significant negative effects on numerous public facilities and services. If, for example, an applicant were to propose re-development of existing commercially zoned property on the far east end of the City's urban growth boundary, traffic generated by the development would have to travel the entire width of the City to the east of 1-5, exacerbating difficulties at numerous intersections, including the railroad crossing. As a practical matter, it is unlikely that any freeway-oriented use would locate at such a remote site. In this case, however, the location that best meets the Applicant's particular needs also best meets the public's needs. Unlike the site that is apparently committed for a major mixed-use development adjacent to Evergreen Road south of Highway 214, the Applicant's proposal is located on the west side -28- ~ 'T ",..,,~,.,..~,.,.,...~, .._........"'-,.'..''''i~-'--~._--'''''_.__...__._-~---._-_.-----.--.-.-... ._. .., EXHIBIT "A" Page 30 of 57 of 1-5, thus avoiding traffic congestion and certain traffic engineering difficulties found on the east side of the freeway. The ApplicaJ.1t's proposal also mitigates the impact on numerous public facilities and services. Located immediately adjacent to I-S, the proposed location would have the least impact possible on roads and traffic within Woodburn. Sewer, water and other public utilities are located close to the site, and the de~eloper has already determined the feasibility of service extensions to the site. The adjacent area is already experiencing some commercial development, reflecting a determination by the marketplace that this is an appropriate location for additiQl1al commercial uses. Significantly, the Applicant has not proposed to place a commercial use in the middle of a single-family residential area, nor has the Applicant proposed placing additional development in an area already improved with multi-family projects. Indeed, the Applicant's proposal would only extend an existing commercially zoned area to property immediately adjacent to I-S with closest possible transportation connections to the I-S interchange. The Applicant's proposal also presents a more conventional form of zoning progression than the current 'Comprehensive Plan designations. Moving westward from I-S, the Applicant's proposal would result in a configuration moving from interstate freeway to commercial retail property, then to multi-family property, then to single-family residential. This is a more typical zoning configuration found in most jurisdictions, preferred because each succeeding zoning designation serves to buffer the following, less intensive use from the inconsistent aspects of the preceding land use. Conclusion Regarding ~O 16.050: The preceding paragraphs show that this particular property best suits the public need identified above, permitting the City to make the fourth and final finding required by WZO Section 16.0S0. Since all four findings can be made, the City Council concludes that Applicant has demonstrated compliance with the Plan Amendment criteria of Section 16.0S0. Avvlicant Meets the Burden of Proof for A Comprehensive Plan Amendment Found in Section 16.080. Section 16.080 states: "(a) To support an amendment to the Comprehensive Plan, the Applicant shall: (1) Prove that the original plan was in error (2) Show that the community has changed since the original plan was adopted; or (3) Show that there has been a change in the planning and growth policy of the City." Because of the disjunctive "or" language, the City Council finds that Applicant can satisfy this burden of proof by showing that anyone of these statements is true. -29- ~ ~ ...-..-.- . .. m 1 ..._._.._--..------...--w--....-.-.. ".".__"'.,.__,~.~,....._ EXHIBIT "A" Page 31 of 57 .... The Applicant Has Shown That The Original Plan Was "In Error". The City Council finds as follows: The nature of the inquiry when asking whether Woodburn's Comprehensive Plan was in error is to question whether one of the predictions made in the Comprehensive Plan has not been realized. In this case, "error" of this type was committed when this particular parcel was designated multi-family rather than commercial. ',:0- Hindsight now shows that there is a surplus of property zoned for multi-family residential use and insufficient properly sized and located land classified as commercial. Hindsight also now shows that this particular parcel is ideal for a commercial use and less than ideal for a multi-family use. Woodburn has grown to the other side of the highway faster than was predicted. Accordingly, it now makes far more sense to classify this property commercial rather than multi-family residential. The Applicant Has Shown That The Community Has Changed Since The Original Plan Was Adopted. The City Council finds as follows: Population projections prepared for the City of Woodburn's periodic review (1988) by the Center for Population and Research at Portland State University indicated that it estimated 13,222 persons living within the City of Woodburn by the year 1991. However, the 1990 census figures revealed that the City of Woodburn had a population of 13,404, exceeding the Comprehensive Plan's projections. The projections in the Comprehensive Plan were based on a projected annual growth rate of approximately 2 %, which was the growth rate throughout the early and middle 1980's. However, in later years, the population's annual growth rate has grown to about 3.8%, a rate that will cause the Woodburn population to far exceed the 18,000 persons projected for the year 2,008. These population figures indicate a change from the predicted patterns of growth since the Plan was adopted. More than in the past, a major direction of recent commercial growth and interest in Woodburn has been towards integration with the 1-5 corridor commercial center. The proposed development, located just west of the highway and very near the exit for Highway 214, is a logical extension of the planned 1-5 business center. Because of the site's location adjacent to the intersection of 1-5 and Highway 214, which is now much busier than in the past, it has become less suitable for multi-family housing and more suitable for commercial development. A change has occurred since the Plan was originally adopted, and Applicant has accordingly satisfied this burden of proof. -30- ~ T EXHIBIT -A- Page 32 of 57 .... Conclusion Regarding WZO 16.080: The City Council concludes that Applicant has satisfied its burden of proof as described in WZO Section 16.080. Overall Conclusion as to Reauirements for Comprehensive Plan Amendment. The City Council finds as follows: " ~ The Applicant has supplied all materials requested by WZO Section 16.030, has shown that the City can make all the findings required by WZO Section 16.050, and has met the burden of proof outlined in WZO Section 16.080(a). Accordingly, the City concludes that it should grant the requested Comprehensive Plan Amendment changing the map to reflect the rezoning of this property from multi-family residential to commerciallretail subject to the Conditions of Approval below. Zone Chanl!e Approval Criteria. The zone change approval criteria are found in Chapters IS and 16 of the Woodburn Zoning Ordinance. As stated above, for the most part the criteria mirror those for a Comprehensive Plan Amendment. The City Council finds that all relevant requirements of Chapter 15 have been met. Relevant Approval Standards of Chapter 16 for Zone Chanl!es. The only approval criterion in Chapter 16 which applies to a zone change is found at Section 16. 080(b), the burden of proof for a zone change. That section states "The following specific questions shall be given consideration in evaluating requests regarding plan and zoning amendments and are as follows: ******** (b) To support a zone change, the Applicant shall: (1) Show there is a need for the use proposed; (2) Show that the particular piece of property will best meet that need. " These requirements are virtually identical to Sections l6.050(c) and (d). The City Council has previously found that there are not enough adequately sized, properly located parcels, to accommodate a facility of this type. This particular piece of property is ideal to meet that need. Applicant has amply demonstrated that these findings are well supported by the facts of this particular case. -31- ~ T ---I . EXHIBIT -A- Page 33 of 57 ..., Overall Conclusion Rel!ardim! Zone Chanl!e: The City Council concludes that the Applicant has supplied all materials requested by WZO Section 15.030 and has met the burden of proof outlined in WZO Section 16.080(6)(b). Accordingly, the City grants the requested rezoning of this property from multi-family to commercial/retail, subject to the conditions of approval. 5. WOODBURN TRANSPORTATION PLAN: :, ,. As discussed above, the Transportation Plan is being updated to comply with the new Transportation Planning Rule. 6. WOODBURN SUBDIVISION ORDINANCE: The City Council finds as follows: The Woodburn Subdivision Ordinance is applicable to the extent that the annexation and realignment of Arney Road may constitute the dedication or rededication of a street. The procedure followed in this case comports with those requirements of the Subdivision Ordinance. Conclusion Regarding Woodburn Subdivision Ordinance: The City Council concludes that the applicable provisions of the Subdivision Ordinance have been satisfied. 7. URBAN GROWTH BOUNDARY AND POLICY AGREEMENT: The City Council finds as follows: The Urban Growth Boundary and Policy Agreement is applicable to this proceeding because the parcel in question is outside the current city limits but within the Urban Growth Boundary. The Agreement requires notice and opportunity for comment by the County. The County was given that opportunity, and its comments are attached (marked as Attachment IV to the Staff Report). The County's concerns identified in its comments have been adequately addressed by the Applicant. Conclusion Regarding Urban Growth Boundary and Policy Agreement: The City Council concludes that the applicable provisions of the UGBPA have been fully complied with. -32- ~ . ~ ...,.---."..I.------"~---.~----.~...,...~"---. ..,-,., H ',--_.,' ",,",.----. EXHIBIT -A- Page 34 of 57 ..... D. SITE PLAN REVIEW The City Council finds as follows: Applicant will be developing a region:lI factory outlet on the approximately 28-acre parcel, including approximately 50 retail uses, a food court and uses ancillary to a shopping center. The project consists of nine individual buildings, all one story in height. The design is intended to recall the historical indigenous industrial and agricultural architecture of the mid- Willamette Valley, inspired by sawmills, factories and grain elevators in the ~ea. Elements such as roof slopes, roof configuration, and cladding types will be used to create a design that reads as a shopping center but borrows from the factory. Tenant space will vary in size from approximately 2,000 s.f. to 10,000 s.f. Except as noted below in the "Conditions of Approval" the City Council finds that the applicable criteria have all been met and approves the site design as proposed. The following sections describe in detail how the design complies with the applicable criteria. I. WZO CH. 29, CR COMMERCIAL RETAIL DISTRICT: Section 29.010: Section 29.040: Section 29.050: Section 29.060: Section 29.065: Section 29.080: Use; Height; Side and Rear Yards; Front Yard; Solar Access; Conditions for CR District Abutting Residential District The City Council finds as follows: The proposed uses for the subject development are permitted uses in the commercial retail district. Applicant is seeking a mix of retail tenants, some of which are expected to provide demonstrations relating to the creation of products sold through the retail outlet, such as handmade pottery, glass blowing, confectioners, glove sewing and ice cream making. These activities are permitted in the CR district as uses auxiliary to the primary retail use. Buildings and structures do not exceed 45 feet in height. Development will not cast a shadow on the south wall of any solar access buildable area between the hours of 9:00 am and 3:00 pm on December 21st. The front yard landscape will consist of deciduous street trees, lawn, ornamental plants and groundcover shrubs which will provide a continuity of design and allow views into and around the site for visual retail identification. Side and rear yard landscaping will provide coniferous trees and evergreen plants to screen views into service and employee areas behind the buildings. The proposed project will be screened from adjacent residential properties through the use of a planted sight-obscuring buffer. No illuminated signs will be placed in the rear of the buildings. Security lighting on the portion of the building -33- ~ '9"- ""'---.----.-.,.---.-.--.4.--....l-"-.~----..--..--"'.,~ ~..,,-" EXHIBIT -A- Page 35 of 57 '.... fronting the residential area will be confined to the immediate vicinity and designed to reduce glare onto adjoining properties. Building structures will be set back to allow functional ingress and egress for emergency and delivery vehicles. Conclusion Regarding WZO Ch. 29: The City Council concludes the Site Plan complies with all the requirements of Ch. 29, the Commercial Retail Zone. , ;!' 2. WZO CH. 11, SITE PLAN REVIEW REQUIREMENTS: Section 11.020: Section 11.070: Site Plan and Composition; Criteria for Evaluating Site Plan The City Council finds as follows: Applicant provided a site plan drawn at 1" =50' showing the proposed layout of all structures and other improvements including driveways, pedestrian walkways, landscaped areas, fences, walls, and off-street parking and loading areas. That plan also shows the location of entrances and exits and the direction of traffic flow into and out of off-street parking and loading areas. It shows the proximity of the proposed project to 1-5 and the Bonneville Power Administration easement and towers. The orientation of the project is towards 1-5, and lighting for parking lots and store frontages will thus cause minimal adverse glare on adjoining properties. Access to public streets was developed with reference to standard traffic engineering practices and in accordance with a traffic impact analysis performed by Kittleson and Associates, which was provided to the City Council for its review. The parking patterns and pedestrian access ways were developed to promote access for handicapped persons in conformance with ADA standards with easy walking distance to individual businesses for pedestrian traffic. Applicant provided a conceptual landscape plan drawn to I" =50' scale. It shows the location and design of areas to be landscaped and other pertinent landscape features, which are discussed in some detail in Section 4 below. Applicant provided architectural drawings drawn to 1/8" = I' with elevations of the proposed structures and other improvements. Color and texture of the exterior of proposed structures are addressed on the architectural plans. Shadows of the proposed structures will not affect any existing adjacent structures. The design of the building facades match current state- of-the-art standards. A sign plan will be provided for review. Applicant provided a preliminary grading plan for the proposed project, produced at a scale of I" =50', with a contour interval of I foot. The basis of elevation for this topographic -34- EXHIBIT -A- Page 36 of 57 map was derived from a USGS brass cap located on the east end of the Oregon State Highway 214 overpass. The plans depicts finish grading contours and major building pad elevations, as well as a storm water retention area i'n the parking area on the west side of the project. This preliminary grading plan is intended to convey a general concept of the mass grading scheme that will allow positive drainage away from the proposed building structures. Applicant provided a preliminary sanitary sewer plan for the proposed project, produced at a horiwntal scale of I" =50', which depicts the main sewer trunk lines intended to collect sewage from all main building structures. Pipe materials used for this syl\tem will be in conformance with City of Woodburn engineering codes. Applicant provided a preliminary storm sewer plan, produced at a horiwntal scale of I" =50', which depicts the main storm water collection system and drop inleflocations. The on-site large diameter storm water detention pipe has been shown as well. Pipe materials for this system will be as specified by the City of Woodburn engineering codes. Applicant provided a preliminary water system layout for the proposed project intended to address domestic and fire flow needs, at a horiwntal scale of I" = 50'. The layout depicts the main distribution system and fire hydrants spaced in accordance with fire department codes. Pipe materials for this system shall be as specified by the City of Woodburn engineering codes and fire department codes. Additionally, two optional offsite connections have been shown as a bore under Interstate 5, or easterly through proposed acquired easements to Woodland Avenue. Applicant's preliminary utility plan was prepared at a horizontal scale of 1" =50', and depicts both the sanitary sewer system and water system. This plan, showing both systems, determines the crossings locations of the sanitary sewer system and water system which are critical areas for engineering and health department concern. Conclusion Regarding WZO Ch. 11: The City Council concludes that applicant's site plans satisfied the requirements of Chapter 11 of the WZO. 3. WZO CR. 10, OFF-STREET PARKING, LOADING AND DRIVEWAY REQUIREMENTS: Section 10.010: Section 10.030: Section 10.050: Section 10.070: New and Existing Facilities to Provide Parking and Loading; Location; Off-Street Automobile Parking Requirements; Parking and Loading Area Development Requirements The City Council finds as follows: -35- ~ ~ ------""''''"'1 '__'_"_-"'~"__~_'A'.__.~""""'_' .,."__,,,_''''-''' "'-"__~+'_"_ EXHIBIT -A- Page 37 of 57 The applicant will provide off-street parking and loading areas on the same lot with the main building. The design provides 1,258 full size (12 x 18) parking spaces, a total of 5 per 1,000 s.f. The design shows 929 spaCes at the shopping mall lot, oriented to the east of the project, and another 329 full size spaces at the overflow lot situated on the eastern side of realigned Arney Road. The required number of parking spaces for 246,692 s.f. of retail space is 1,233 (one per 200 s.f.) plus 300 employee spaces (one for every two employees). Additional parking space needs to be identified for bikes, disabled persons and employees. The employee parking spaces need not be on the same lot with the main building and may be provided 2,000 feet from its site. See Conditions of Approval. , ~ Directional signs will be located at entrances to the site and pavement markings will be provided to control vehicle movement in the parking lots. Pedestrians using the overflow parking lot have access to the development by crossing Arney Road on crosswalks. Two loading spaces, each 12 feet wide, 30 feet long and 14 feet high will be provided at the rear of each building. A 40-50 foot buffer strip will separate the buildings from the adjacent property. In the rear of the buildings a lO-foot landscaped buffer will be placed adjacent to the property boundary, and along the sides this buffer will be five feet wide. The area between the buildings and the landscaped buffer will be used for the loading facilities described above and for employee parking. Asphalt will be used as the primary surfacing material, with only the loading areas and wheel barriers constructed from concrete. In all areas where vehicles can protrude into a public right-of-way wheel, barriers will be used. The area beyond would be paved with asphalt. All parking and loading areas for the development will be served by separate entrances with sufficient turnaround capacity as shown on the site plan. Commercial driveway widths will be designed to City of Woodburn Standards, with locations as shown on the site plan. An obscuring ornamental planting fence or hedge buffer will be constructed between the loading areas and the "R" district, with a maximum height of seven feet. Lighting for parking areas will be industry standard and sufficient for safety considerations. Lighting for loading areas shall be directed such that glare or reflection is confined to the project site. All parking and loading facilities will be maintained by the applicant. Conclusion Regarding WZO Ch. 10: The City Council concludes that the Site Plan meets all requirements of WZO Ch. 10, subject to the Conditions of Approval. 4. LANDSCAPING AND BUFFERING: The City Council finds as follows: -36- _'__'__'___'_.'__"'__--"1 EXHIBIT "A" Page 38 of 57 "". The landscape design, as shown on the Landscape Plan submitted as part of the application package and as further described in the text of the Application, is based on the use of low maintenance ornamental plants and trees that provide color, texture and scale variety to enhance views. Along the frontage of realigned Arney Road, lawn, street trees and plant massings wilI be placed to enhance the streetseape and provide continuity of design. At the center of the project is a large pedestrian plaza which wilI feature bench seating, ornamental plantings, restrooms and room for exhibits or related activities. Between two buildings, and near the restaurant area, another plaza has been placed to provide table seating, landscaping and hard surface amenities. . > As mentioned above, a 40-50 foot buffer strip wilI separate the buildings from the adjacent property. In the rear of the buildings a ten-foot landscaped buffer wilI be placed along the property boundary, and on the sides of the buildings this buffer wilI be five feet wide. An obscuring ornamental buffer or fence seven feet in height will be placed between the loading areas and the residential district. All proposed trees and plantings at driveways and interior islands have been designed to allow visual sight lines for circulation and pedestrian safety. Along the perimeter at the rear and side of the project a landscape buffer of coniferous trees and evergreens wilI screen views into the service and employee access areas. Landscaping for the overflow parking lot near 1-5 will have deciduous trees, plant massings and groundcover shrubs which will meet B.P.A. design standards and wilI not conflict with overhead utilities. The project wilI have a fully automated, programmable irrigation system able to respond to the diverse individual planting areas. The buffering and landscaping requirements of the Commercial Retail District include landscaping for 15% of the total development area (28 acres x 15% = 4.2 acres or 182,952 s.f.), a landscape strip adjacent to streets, at least 10% of interior parking to be landscaped, a IO-foot landscaped buffer or fence at least 7 feet high for portions of the project abutting residential areas, and a required number of trees. Conclusion Regarding Landscaping and Buffering: The City Council concludes the Applicant's landscaping plan provides 163,600 s.f. of landscaping, which is slightly less than the required amount. It fails to identify the square footage of landscaping within the parking areas so that compliance with the 10% requirement can be shown. It also fails to identify the required number of trees for frontage landscaping, parking lot landscaping, and IO-foot buffer strip between the project and the residential areas, and fails to clearly state that this ornamental buffer or fence meets the seven-foot requirement. These shortfalls must be rectified, see Conditions of Approval below. Otherwise, the City Council concludes the proposed landscaping and buffering satisfies the requirements of the applicable criteria. -37- ~ r EXHIBIT "A" Page 39 of 57 5. TRANSPORTATION ISSUES AND EVALUATION OF PUBLIC STREET IMPROVEMENTS: The City Council finds as follows: On-Site Improvements The Applicant's on-site transportation plan includes the realignment of Arney Road from its present alignment. The realignment will require vacation of the existing, ~arion County right-of-way and dedication of a new right-of-way to the City of Woodburn. A pOrtion of Arney Road (running east/west) at the north property line was determined to be inside the Urban Growth Boundary. The newly constructed Arney Road will be built to City standards or as approved by the City Engineer. The Applicant has also provided adequate pedestrian and bicycle circulation on-site. A bike path will separate from the Arney Road right-of-way on-site running between the 1-5 right- of-way and the Applicant's overflow parking lot. Pedestrian sidewalks will be incorporated into the Arney Road right-of-way and shall be on both sides of the street. Off-Site Improvements The Applicant's transportation study and report have been found acceptable in determining the impacts caused and mitigation measures needed to facilitate the Applicant's proposal, however, as previously discussed, ODOT has requested that the City's Transportation Plan be updated to meet the transportation rule requirements. The results of that study may have a bearing on these findings relating to off-site improvements. Off-site improvements will include street widening, bike path and pedestrian path construction linking existing businesses to the Factory Outlet Center. Signalization of the Arney Road/Highway 214 intersection and the Highway 214/Northbound Ramp (1-5) intersection will mitigate the project's impacts as well as improve the existing level of service. As development occurs in the area, the Highway 214/ Arney Road signal may need to be moved to Woodland Road should the Woodland Road/Arney Road connection be made. The Applicant will pay a fair share of the cost of moving the signal. Conclusion Regarding Transportation Issues and Evaluation of Public Street Improvements: The City Council concludes that the proposed transportation and public street improvements satisfy the applicable criteria, subject to the Conditions of Approval. -38- . - ..'......--..-...-..-T. EXHIBIT "A" Page 40 of 57 III. CONDITIONS OF APPROVAL A. Annexation #92-01 The City Council imposes no conditions on Applicant regarding the annexation of the property in question. No party appearing in these proceedings has raised any objection to the annexation request. , :." B. ComDrehensive Plan MaD #92-01. Zone MaD Amendment #92-02 The Oregon State Highway Division, by correspondence of October 6, 1992 (attached, marked as Attachment V to the Staff Report), has required compliance with the State Transportation Rule prior to final approval of Applicant's proposal. To satisfy that requirement, the City imposes this condition of approval (B). It should be noted that the conditions of approval of Applicant's proposal cannot be finalized until the Transportation Rule Requirements are satisfied. However, by approving the Annexation now, and by adopting most of the findings necessary for approval of the Zone Change, Comprehensive Plan Amendment and Site Plan Application, the City Council is indicating that it approves the proposal as presented, subject only to the additional conditions and requirements that may prove necessary following completion of the transportation study referenced in subsection B below. Having made this introductory observation, the City Council finds that prior to final approval of the Comprehensive Plan and Zone Map Amendment from multi-family residential to commercial, the following conditions must be met: 1. Applicant must assist the City in amending its 1985 Transportation Plan for the Highway 214/1-5 Interchange/Parr Road area, prior to development, to bring it into compliance with OAR 660-12-060(1)(b) regarding adequate transportation facilities to support proposed land uses. No development of the property or amendment of the land use designations will be permitted until the transportation plan for the "affected transportation facilities" complies with OAR 660-12-060(1)(b). 2. Anticipated traffic conditions need further study. Applicant will be required to participate by paying its fair share of the following improvements expected in the near term: a. Signalization of the Highway 214/ Arney Road intersection and the northbound 1-5 ramps; b. Provision for signal interconnections for all five traffic signals on Highway 214 west of Cascade Drive; -39- ~ T' '-'_."'~"--"""-~1--. EXHIBIT -A- Page 41 of 57 c. Extension of Arney Road to Woodland Drive and relocation of the Arney Road signal to Woodland Drive. 3. The Comprehensive Plan amendment should be limited to consist only of the factory outlet center as described by Applicant. . C. Site Plan Review #92-09 The Applicant's site plan application cannot receive final approval until,s9ch time as the Transportation Planning Rule requirements are met for the interchange area study. When the comprehensive plan and zoning ordinance amendments receive final approval, these conditions shall be met: 1. Parking Applicant shall identify additional parking spaces for employees, disabled persons (complying with state and federal regulations) and bikes (1 space for every 4,000 s.f.). 2. Landscaping Applicant's landscaping plan must be revised to provide the required amount of landscaping, to identify the square footage of landscaping within the parking areas showing compliance with the 10% requirement, to identify the required number of trees for frontage landscaping, parking lot landscaping, and 10-foot buffer strip between the project and the residential areas showing compliance with the Site Review Policy Document, and to clearly state that any ornamental buffer or fence next to the residential areas meets the seven-foot requirement. 3. Wetlands and Stonn Water Applicant must provide conformation from the Division of State Lands that no wetlands exist on site that would interfere with the site plan proposal. Applicant must satisfy any applicable Department of Environmental Quality NPDES permit requirements applying to construction disturbing five or more acres. 4. Fire Department Applicant must comply with the requirements outlined by Bob Benck, the Fire Marshall, in correspondence dated July 17, 1992 (attached, marked as Attachment II to the Staff Report). -40- ~ .. ._~_.~---~...,.-...._._-~--_......-.,~~_.,._-'-._.._<--~.,---., "._'~"~~-_.'~-'~'- EXHIBIT -A- Page 42 of 57 5. Police Department Applicant must consider the reCommendations outlined by Ken Wright, Chief of the City of Woodburn Police Department, in correspondence dated July 21, 1992 (attached, marked as Attachment III to the Staff Report). The City's findings relating to compliance with the statewide Transportation Planning Rule shall determine the City's ultimate requirements regarding the recommendations of Chief Wright. 6. Public Works , ,. a. General Conditions (1) and standards. Final Plan shall conform to the construction plan review procedures (2) The Developer, not the City, is responsible for obtaining permits from state, federal and county agencies requiring permits, including any wetland areas which may be present. (3) Existing wells and subsurface sewerage disposal systems shall be abandoned in conformance with state regulations. (4) Applicant must provide City with 16-foot utility easements for all public utilities located on private property. (5) All materials and workmanship shall comply with the City of Woodburn standard specifications and all state building codes. (6) The Final Plan must include the location of all franchised utilities. b. Street Conditions (1) Certain portions of Arney Road within this development will need to be vacated and rededicated. The vacation and rededication must follow procedure as outlined in the Oregon Revised Statutes. (2) The rededication portion of Arney Road as proposed shall be 80 feet in width, or, if the bike path is located as shown, a 70 foot public right-of-way dedication with an additional 10 foot dedicated right-of-way for the Bike Path will be acceptable. The 10 foot right-of-way for the Bike Path shall also have a 5 foot wide easement on each side for construction and maintenance purposes. -41- ~. ~ ",.4."---",~...,...~-........-._...-t~-'-'~'_'~"""'"-"'''-''",-----..........--...-.~..--~-----..- EXHIBIT "A" Page 43 of 57 (3) The street improvement for the rededicated Arney Road shall be 39 feet, curb to curb, with a 5 foot planting strip adjacent to the curb and a 5 foot sidewalk, both sides. . (4) The existing Arney' Road shown on the north property line of the development shall remain a public street, from the relocated portion of Arney Road to the west end of this development. This shall be improved with a 34-foot street section, curb to curb, 5 foot sidewalk on the south side except for that portion being relocated, this shall have 5 foot sidewalks on both sides. An additional 10 foot street dedication '.< shall be required on the south side of the existing Arney Road right-of-way which is not to be vacated along the north line for a total right-of-way of 50 feet. The rededication portion connection of this, however, shall be 60 feet. (5) The reconnection to the existing Arney Road right-of-way and street surface shall be acceptable to Marion County Public Works Department, Oregon Department of Transportation, and the City of Woodburn. (6) Driveway approaches into this development shall comply with City standards and shall be constructed of concrete. (7) Street lights must be provided along the improved portion of Arney Road. (8) Arney Road from the South Boundary of this development to Oregon State Highway 214 is under the jurisdiction of the Oregon Department of Transportation. The ultimate configuration, signalization and traffic patterns for this portion of Arney Road shall be determined following completion of the required Transportation Study, and may include one or more of the following options: (a) Connection to State Highway 214. Extend Arney Road to Woodland Avenue and install a permanent traffic signal at the Woodland Avenue/State Highway 214 intersection. Three travel lanes would be the minimum street improvement. The cost of this option would be distributed through a local improvement district or a reimbursement ordinance. (b) Install a temporary traffic signal at the Arney Road/State Highway 214 intersection. This option will require the development to pay its fair share cost in the future, for improvements conforming to the solution outlined in (a) above. A non-remonstrance consent form shall be properly signed and recorded. The cost of this option would be borne by Applicant. (c) Improve Arney Road to City standards, from the south line of this development to State Highway 214. The minimum street improvement should be -42- ~ . . "'~__~'_"."_'~>~'~""I_____.'~_"_______""'_ ,~_...,.__,......._<O... EXHIBIT -A- Page 44 of 57 29 feet curb to curb, excluding Bike Paths, from the south line of this develop- ment to the east line of the motel complex. The street improvement from this point to State Highway'2l4 should be 39 feet in width, curb to curb, excluding bike paths. As vacant property develops, the 29-foot improved street would be widened to 39 feet by each developed property, in order to provide turn lanes. Sidewalks could also be installed at this time. The bike paths as shown are acceptable with the proper easements and/or right-of-way being recorded. If the bike paths are to be placed within the street surface, the street improvement width as stated above will need to be adjusted to include the additionfl, width. c. Drainage Conditions (1) The Arney Road storm sewer system must be separate from the private system and must provide sufficient depth for future extensions north and south. (2) Applicant will provide a storm sewer runoff study for this development, including detention. (3) The existing drainage ditch, which will be used as an outlet, may require modifications. If so, Applicant must show a plan and profile and must provide a drainage easement for maintenance. (4) Fire Department. Fire Hydrants must be located as recommended by the Woodburn d. Water Conditions (1) The proposed 12" water main shown along the west property line shall be placed within Arney Road right of way and shall be looped from the existing main located at the southeast comer of the R. V. park to the existing main at King Way. This will require a bore under 1-5. The on-site fire protection shall be served with 8" diameter interior looped mains. (2) Fire Department. Fire Hydrants must be located as recommended by the Woodburn (3) Backflow devices shall be required depending upon water usage. (4) Water meters must be located within a city easement. (5) of the buildings. Backflow devices for fire sprinkler systems shall be located outside -43- ~ ~ .------..-----1 _, ~"'-.-,~_-~._-----'---.--h"-.".'-.~'" EXHIBIT "A" Page 45 of 57 (6) Applicant must install an 8" diameter water main to the west end of the property, along the north-south road. e. Sanitary Sewer Conditions (1) A sanitary sewer shall be extended from the existing manhole located in Arney Road, adjacent to the east line of the R.V. Park. The conceptual location shown on the plan is acceptable. Depending upon the depth, the sewer main shall extend to the most northeast comer. . ? (2) Applicant's developer/engineer must thoroughly investigate the question of whether the sanitary sewer as proposed is deep enough to serve the entire development, and may need to design alternatives. D. Uozoninl! Because the comprehensive plan map designation change from multi-family to residential reduces the amount of multi-family land available in the City by approximately 28 acres, the State Department of Land Conservation and Development has requested this loss to be made up within the Urban Growth Boundary (see correspondence of September 9, 1992 attached, marked as Attachment VIII attached to the Staff Report). A condition the City must meet, then, is to upzone approximately 28 acres of single family residential property to multi-family prior to final approval of the Applicant's proposal. While the transportation study is taking place, the City will identify property it intends to upzone pursuant to this condition. -44- _._....____~__._._."~.....,,_..._~,,,_k.~......"q,.,......I*"....__~_...~ --', ~"l! EXHIBIT "A" Page 46 of 57 MEMO TO: Barbara Sochacka Assistant Planner FROM: Bob Benck Fire Marshal RE: FACTORY OUTLET - > DATE: July 17,1992 #' Site Plan Review Comments WOODBURN FIRE DISTRICT A ACCESS: Adequate a=ss is indicated on plans presented. B. FIRE FLOW: The maximum fire flow for the largest nonsprinkled building is 3,000 gpm. The fire flow for the sprinkled buildings will be detennincd by the requir=ents of the sprinkling syst= plus 1,100 gpm for exposure protection and hand lines. C. HYDRANTS: No building shall be more than 225 feet from a hydrant and hydrant spacing across the front shall average 400 feet apart. Refer to plan modifications as recommended by Fire District and City water department for location and water line sizing. D. SPRINKLERS/FDC: Submit plans to city and one additional for Fire District FDC shall not be located on the buildings but at a location agreed upon between the developer and Fire District Generally this location should be within 30 feet of a fire hydrant. An /-i, r H \,,-/\ \= \\f\ n ~ . ""_~""m"~._'~' '~-'."-' .l""-.--,....,--,.~_.-- EXHIBIT "A" Page 47 of 57 -- .! ....... E. ALARM SYSTEM: The fIre sprinklc;r system must be on a alarm system monitored by a central station. F. PREMISE IDENTIFICATION: 1. All nwnbers must conform to the city grid system. 2. All street names must be approved by the emergency co=unications cenfer to avoid conflict. 3. All street address nwnbers must be visible from the public roadway. # G. CONDITIONS FOR CONSTRUCTION: An. onsite water supply system must be inservice and acceptable to the city prior to the beginning construction H. BUILDING PLANS: All buildings must comply to state,county, city codes and be reviewed by Marion County Building department for fIre and life safety compliance before construction. A \\ 1\( \1 IT. T ... .- T '^"'. EXHIBIT "A" Page 48 of 57 CITY OF WOODBURN POLICE DEPARTMENT U\0l][EU\0l](Q)[ru~[M[Q)(UJU\0l] 270 Montgomery Stre~ I Paul Null - )1; Services lieutenan Woodburn, Oregon 97071 982-2345 Ext. 352 > #' rbara Sochacka, Planning Dept. : Ken Wright, Chief RE: Woodburn Factory Outlet Store On- July 13, 1992 I received sight plans from your office on the Woodburn Factory Outlet Store. Based on those sight plans and information obtained from your office, the following recommendations are made. 1. It is recommended that pedestrian and bike paths be included in the initial traffic design rather than future designs, in order to accommodate all modes of transportation which may be used by persons including the handicapped. 2. A major area of concern in the development of this area, is traffic flow and safety. It is my understanding that the Factory Outlet will generate about 7,000 vehicle trips into this area per day. It is also understood that the majority of the traffic will use Arney road as the main access into the Factory Outlet. At present there are three possibilities for improvement into this area: A. Widen, improve, and install a traffic signal at Arney Road at Hwy. 214. B. Widen, improve and install a traffic signal at Woodland Ave. and Hwy 214. Direct Arney Road southbound traffic onto Woodland Ave. Re-design Myrtle Street at Woodland. Make Arney Road at Hwy. 214 a one way grid for one block. C. A third alternative, is to routE! Arney Road south bound traffic onto the south bound exit ramp at 1-5 and Hwy 214, and use the existing traffic signal. Redesign and widen the exit to handle right turn (onto Hwy 214,) straight ahead (back onto 1-5,) and left hand turn lanes (onto Hwy 214.) P\ 1\t\ C \--\ \v\ '[ \\JTTII ...~... , - '->-~-""-"'~"'_.""'-"--'l-"'-'--'--'-H'_'---""'--'~_.. '~ ;. \' EXHIBIT -A- Page 49 of 57 The least desirable plan of the three would be to route traffic onto Woodland ave., a residential neighborhood, which would hinder traffic flow on Myrtle street. This is only pne of two accesses into the West Woodburn area. This plan my solve the Factory Outlet traffic problem, but would create a traffic problem for the residences of West Woodburn. What ever plan is decided on, the plan must include a traffic control signal at the Hwy 214 intersection. The amount of traffic that is expected to be generated from the Factory Outlet warrants a traffic control device. 3. , > Another traffic problem of great concern is the north bound 1-5 off ramp at Hwy 214. The Wallmart store is projected to generate about 1,500 vehicle trips per day from the north bound off ramp. These additional vehicles will be making a right turn (east) onto Hwy 214. The Factory €lutlet Stores are expected to generate an additional 2,500 vehicle trips per day for the same north bound off ramp. These vehicles will be turning left (west) onto Hwy 214. Just by shear numbers, it is evident that a traffic control signal is necessary to handle the numbers of vehicles entering this intersection. It is strongly recommended that a traffic control signal be installed at this intersection prior to the opening of the Factory Outlet. !\l\[\Ct\ m ~ T .--...-....-'..1 . " DIRECTOR Craig O. luedeman BUILDING INSPECflON (503) 588-5147 PlANNING & ENFORCEMENT (503) 588-5038 BOARD Of COMMISSIONERS Randall Franke Gary Heei Mary Pearmine ADMINISTRATIVE OFFICER Ken Roudybu'i.h ~ EXHIBIT -A- Page 50 of 57 Marion County ORECo.N COMMUNITY DEVELOPMENT DEPARTMENT October 7, 1992 steve Goeckritz Planning Director City of Woodburn 270 Montgomery street Woodburn, Oregon 97071 > Dear steve: I have reviewed the City's site Plan Review #92-09 concerning Chappell Development proposal for a factory outlet retail project along Arney Road. Under item 3 on page 3 it states that the east-west segment of Arney Road which abuts the applicant I s north property line has been determined to be wi thin the Woodburn Urban Growth Boundary. This determination is based on a review of the city's zoning and comprehensive Plan map. The report then concludes that improvements to this section of Arney Road will be made to city standards. However, our office has reviewed these same maps to- gether with our zone maps and it appears that at the most only portions of the road are within the UGB and it is very possible that this entire section of Arney Road is outside of the UGB. In this situation, the annexation and the development must be contained within the UGB. None of this segment of the right-of-way can be developed or contain any portion of the development or services such as sewer and water lines, driveways or storm drainage facilities. In order for the City to annex the road and obtain the proposed improvements it appears that an UGB amendment will be required. If you have any additional questions please contact me at 588-5038. Sincerely, ~~~ senior Planner A:Wood.L3 Senator Building 220 High Street NE Salem. Oregon 97301-3670 -T7"T n . ~ ".- -,~ r ,- >'..."..._,.c......_."..._,.~____~_____.____ FIHTRTT "An Page 51 of 57 October 6, 1992 Steve Goeckritz, Director Woodburn Community Development Department 270 Montgomery Street Woodburn, OR 97071 ;. ;0- Subject: Woodburn (Arney Road) Factory Outlet Center Dear Mr. Goeckritz: Thank you for notifying and involving the Oregon Department of Transportation (ODOT) in the land use action identified above. A summary of ODOT's comments is provided near the end of this letter. ODOT has concerns about this development's significant affect on Interstate Highway 5 (1-5) facilities and on Oregon Highway 214. This proposal's viability for commercial land use is dependent upon its exposure to 1-5, and to the operation of 1-5/Highway 214 Interchange and Highway 214. It should be noted that the only construction project funded by the ODOT 1993-1998 Transoortation Imorovement Proaram for the Woodburn 1-5 Interchange or this section of Highway 214 is the Country Club Road/Oregon Way intersection project. ODOT is of the opinion that the application will have a significant affect, as that term is used in the Transportation Planning Rule (later referred to as TPR; Oregon Administrative Rule 660-12-060(1)), to the 1-5 Woodburn Interchange, to Highway 214, and to Arney Road. Commercial development requested by this application, even when limited to a factory outlet center, will significantly affect these road facilities. Unless significant highway improvements and the means to finance these improvements are established in the Woodburn Comprehensive Plan, development of this property for commercial use could: 1) reduce the highways' Levels of Service below the levels established as acceptable in the 1991 Oreaon Hiahway Plan; 2) allow types or levels of land use inconsistent with the functional classification of highway facilities; and 3) affect Highway 214 in a manner that would ,be detrimental to further development of land in the UGB already designated for industrial and commercial use. The requirements of OAR 660-12-060 should be considered as applicable decision criteria for this land use action. A 'substantial amount of planning A T\~( \-J. N,r i II V Oregon DEPARTMENT OF TRANSPORTATION Highway Division FILE COOE, (I) 734.1839 (10-90) o. , ~.....~__~.~_.,_~__._...-..,.___", ,.'_" "._ ,,__w _. EXHIBIT -A- Page 52 of 57 Steve Goeckritz Factory Outlet Mall Page 2 effort is necessary to demonstrate consistency with this TPR requirement, and the attached letter discusses what is nec'essary to comply with these requirements. ODOT is of the opinion that this application can only be approved when consistency with the TPR has been shown. Woodburn will need to incorporate land use actions stated in OAR 660-12-0l;>0 (1a), (1b), or (1c) as part of this land use decision in order for the proposed plan amendment to comply with Goal #12 and the TPR. These actions at least need to show that 1-5 and Highway 214 will be able to operate at acceptable levels of service in the near term and through the remainder of the planning period, and that the land use decision will result in development consistent with the functional classification of highways affected by the project. If Woodburn decides to exercise the option stated in OAR 660-12-060(1b), OOOT believes that the 1985 Woodburn Transportation Plan will need to be amended as part of this land use decision and before development permits can be issued. The near term facility improvements described in the applicant's analysis certainly need to be incorporated into the plan, but so will additional facility improvements needed to meet the 1991 Highway Plan's standards for 1-5 and Highway 214 facilities--improvements that have not been described. As required in the TPR, a transportation facility financing program to fund identified near term improvements and longer term improvements also needs to be part of this land use decision. As stated earlier, the Country Club Road/Oregon Way intersection project is the only new construction project funded by the OOOT 1993-1998 Transportation Improvement Program for the Woodburn Interchange and this section of Highway 214. Standards to evaluate imoact on hiahway facilities. The 1991 Oregon Highway Plan (Plan) was adopted as a modal systems plan element of the Oregon Transoortation Plan. It is the transportation system plan (TSP) for state highways, as that term is used in OAR-660-12-015, unless more stringent standards contained in a local or regional TSP exist. Its policies are used by ODOT to determine whether a development will have a significant affect on a state transportation facility. 1-5 and other interstate highways are identified in the Plan as having the highest statewide importance. Highway 214 has a district level of importance. OOOTs responsibility is to manage the highway system in accordance with the priorities established in the Plan's Level of Importance Policy. Highways will be managed to serve secondary functions only when the abilities of the highways, to serve primary functions will not be degraded. Where the primary function has already been significantly degraded, the ODOT will manage that An F\ C '\\ .':L p- -, .. -....-.'.-'. '""'----,...--_..,_.." ~ _.."._,.~..."'--,.'"-----_...,.,-'--'- EXHIBIT "A" Page 53 of 57 Steve Goeckritz Factory Outlet Mall Page 3 highway to maintain or improve its ability to serve the primary function. Acceptable levels of service (LOS) for state highway facilities are identified by the Plan. LOS 'D' is the acceptable level for a District Level of Importance Highway. The plan establishes a higher standard for 1-5 facilities: LOS "C." The applicant has not demonstrated what will be needed through the remainder of the planning period to comply with the requirements of the TPA and maintain LOS 'C" for affected 1-5 facilities, and LOS "D" for Highway 214. Proposed near term improvements. The applicant has submitted information addressing what road improvements could occur to accommodate the factory outlet center on Opening Day, 1993. Signalization at Arney Road and at the northbound 1-5 ramps definitely will be needed, as will signal interconnections for all five traffic signals between Country Club Drive/Oregon Way and Arney Road. Also needed are road surface improvements to Arney Road to widen travel lanes and accommodate bicycles and pedestrians. However, details regarding these improvements, as well as the channelization proposed by the applicant need further study. ODOT, however, does not agree that these improvements adequately respond to the TPR requirements to address the transportation systems near term needs. First, ODOT has remaining questions regarding the number of vehicle trips to be generated by the factory outlet center. The applicant's study makes assumptions regarding traffic generation at factory outlet centers. ODOT's review of this issue, however, indicates that vehicle trips per 1,000 square feet at factory outlet centers do not decline in a manner similar to typical shopping centers. The outcome is significantly more vehicle trips than assumed by the applicant's study, which would affect the projected levels of service. Second, additional traffic signals at Arney Road and the northbound 1-5 ramps increase the number of signals around the Woodburn Interchnage to five. An analysis of signal progression will be necessary because the operation of all the signals will be impacted. The preliminary analysis provided by the applicant does not provide sufficient detail. Third, it is unlikely that the majority of factory outlet patrons are going to be familiar with the area road system. Operational delay will result from driver confusion in the short distance between Arney Road and the northbound 1.5 ramps--Iess than 1/4 mile. (As a comparison, the distance between Evergreen Road and the southbound 1-5 ramps exceeds 1/4 mile.) ODOT believes the level of service described by 'the applicant is overly optimistic. To help relieve this traffic condition, the near term solution also must include extension of Arney Road to Woodland Avenue and conversion of the Arney A IT F\ c. M -'SL. p~ ':1, ~ ..' I--'-~-<-~-""~'---'-~'-_.--"--"-'-"'" EXHIBIT -A- Page 54 of 57 Steve Goeckritz Factory Outlet Mall Page 4 Road intersection into a north bound, one-way road. The traffic signal proposed by the applicant at Arney Road will need to be relocated to Woodland, and all traffic returning to Highway 214 would be routed through this intersection. This may not be necessary on Opening Day, 1993, but we believe it will prove necessary within a short time afterward. Summarv. The following summarizes ODOT's position regarding the proposed factory outlet center: 1) TPR issues must be resolved before development permits can be issued, including the necessary plan amendments and identification of the means to finance the improvements; 2) Anticipated traffic conditions need further study. Near term improvements to be provided by the applicant and/or city must include at least: a) signalization of the Highway 214/Arney Road intersection and the northbound 1-5 ramps; b) provision for signal interconnections for all five traffic signals on Highway 214 west of Cascade Drive; c) road improvements to Arney Road; and d) extension of Arney Road to Woodland Drive and relocation of the Arney Road signal to Woodland Drive. 3) the plan amendment should be limited to consist only of the factory outlet center as described by the applicant. The transportation impacts of other types of commercial land use has not been studied; a new plan amendment should be required if other types of commercial land use are to be allowed. Additionally, relocating this amount of land designated multiple-family to one or several locations within the Woodburn UGB has its own transportation impacts. These impacts also need the analysis called for by the TPR before the proposed plan amendment can be approved. Please include as part of the hearing record for the factory outlet center all documents submitted by ODOT for the Woodburn Crossing Plan Amendment, including: 1) a copy of ODOT's letter expressing concern about the Woodburn Crossing development southeast of the interchange. 2) a copy of a report, entitled "Traffic Impact Study, Woodburn Crossing, Woodburn, Oregon," first submitted to Woodburn during 1991; 3) a copy of a report, entitled "Traffic Impact Study, Woodburn ATIAC M ':;L Pc. 4- . _....,...~.,.-'~--'~----i'-. ~ EXHIBIT "A" Page 55 of 57 Steve Goeckritz Factory Outlet Mall Page 5 Crossing, Woodburn, Oregon," first submitted to Woodburn during 1992; and 4) a copy of the 1991 Oreaon Highwav Plan, the transportation system plan adopted by the Oregon Transportation Commission for the Oregon State Highway System. This letter and its attachments should be included in the City Council hearing record as ODOT's testimony. ODOT should be considered a party to the hearing and be entitled to any notices of future hearings, or extensions of hearings. Please inform me in writing of the city's decision and provide a copy of any findings made to support the decision. Once again, thank you for notifying and involving OOOT in this plan amendment. Yours truly, cU~d~\7E- z:ioh~-G. deTar Region Planner attachment cc: John Grassman, ODOT Dick Reynolds, ODOT Del Huntington, ODOT Larry Knudsen, Justice Bob Rindy, DLCD Howard Stein, Kittleson and Associates A TI 1'\ C t:'" ':L Pc> ~ ~ c~ T [XIIIBIT MAM Page of 56 of 57 September 9, 1992 Steve Goeckritz City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Dear Steve: This department has reviewed the proposal to amend the planning and zoning to allow a factory outlet shopping' > center on 27 acres located west of 1-5 at Arney Road (Local file ZOA 92-2). We are concerned that the proposal would not be consistent with Statewide Planning Goals 10 (Housing), Goal 12 (Transportation) and Goal 14 (Urbanization). The Land Conservation and Development Commission's Transportation administrative rule requires that amendments to local plans and zoning which affect a transportation facility (e.g., the Woodburn 1-5 Interchange) shall "assure that allowed land uses are consistent with the identified function, capacity, and level of service" of the transportation facility (OAR 660-12-060(1)). This rule describes several ways that this may be accomplished (see attachment) . As we indicated in our letter to you August 13, 1992, regarding the shopping center proposal east of 1-5, this interchange is not designed to handle the traffic that would be generated by the development permitted under the current plan for the interchange area. It is possible that no amount of improvement to the transportation system at and around the interchange will solve these problems, i.e., the potential buildout cannot necessarily be accommodated by one interchange without unacceptable traffic impacts. If so, rezoning some of the undeveloped properties in this area should be considered. However, rather than scale back the zoning so as to provide uses that do not effect this interchange, the proposal at hand would upzone property in this area so as to add additional traffic. Without a detailed analysis of the cumulative affects of full development, at buildout, it is impossible to determine whether the effects of this project can be mitigated. Approval of this request should not occur until a revised transportation plan is completed. The revised A l\ f\ c. \:-\ N\ \{.r\l, \j \ \ \ Oregon DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT Barbara Roberts Governor 1175 Court Street NE Salem. OR 97310-0590 (503) 373-0050 FAX (503) 362-6705 Dr ,.~_.',,,.,,,,_,_'_'._--I_ ...t~.,..___-_~"_._~,--~...._~. '-~'-._.__.. ...___.u.~." Steve Goeckritz EXHIBIT "A" _ Page 2 Page -. of 57 I ,eptember 9, 1992 plan must consider the affects of this proposal at the time of buildout. Only then would we be able to evaluate whether improvements to the interchange and related roads would be sufficient to assure the interchange can function at an acceptable level of service. Statewide Goals 10 and 14 require the city to provide for needed housing types, including multifamily housing. The Woodburn plan indicates that the city should provide the opportunity for 18% of future housing development needs to be multifamily. In fact, this percentage is extremely low, since cities in the Salem and Portland area.UGBs have found that from 35% to 50% of future housing stock needs to be multifamily. The plan is currently acknowledged with this projection, but we will oppose any actions that further reduce this ratio. We believe Goals 10 and 14 require that 27 acres of developable land elsewhere in the UGB be added to the multifamily inventory at the time of approval of this rezone application. . Depending on the location of this land, additional transportation studies may also be required in order to meet OAR 660-12-060(1). t On another matter, with regard to the development application that was the subject of our August 13 letter, the planning commission has recommended approval under conditions to ensure that the development cannot proceed except as per the proposed configuration, and not until the transportation studies are accomplished. This would eliminate our concerns only if the conditions are specific enough to ensure that either a future plan amendment is required for development to proceed, or that an equivalent process will be followed to guarantee notice to parties, opportunity for us to participate in the review of these conditions, and the applicability of state Goals and rules as standards for review of the completed transportation studies. Please enter this letter into the record of proceedings on this issue. I appreciate the effort you have made to inform and involve us in this matter. Please don't hesitate to call me at 373-0067 if you have questions about these concerns. TJ:t~ Bob Rindy Field Representative BR:<pa> cc: John DeTar, ODOT David Foster, Housing Division DLCD File 004-92 (Libr, Ptl, JH, BC, RB) An f\c. \0. V\\\ '?0, 2 ~ ~' ",,-. e--------.-r > . ,. --..-.--