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Ord 2147 - Annex 34.5 A Boones/C COUNCIL BILL NO. 1639 ORDINANCE NO. 2147 AN ORDINANCE ANNEXING INTO THE CITY OF WOODBURN 34.5 ACRES OF PROPERTY LOCATED AT BOONES FERRY AND COUNTRY CLUB ROADS, SOUTH OF VANDERBECK ROAD; AMENDING THE CITY OF WOODBURN ZONING MAP FROM MARION COUNTY "URBAN TRANSITION FARM" IUTF) TO CITY OF WOODBURN " SINGLE FAMILY RESIDENTIAL" IRS); AND APPROVING THE PRELIMINARY SUBDIVISION PLAT OF SAID PROPERTY; SUBJECT TO THE STANDARDS AND CONDITIONS IMPOSED BY THE WOODBURN PLANNING COMMISSION, AND DECLARING AN EMERGENCY. WHEREAS, the Woodburn Comprehensive Plan and Zoning Map have established certain land uses within the City of Woodburn's Urban Growth Boundary, and WHEREAS, the Woodburn City Council has reviewed the record in Annexation Case No. 94-03, Zone Map Amendment No. 94-05, and Subdivision No. 94-05 and considered all public testimony previously presented; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That subject property is owned by Dorothy Gustafson, Nancy Pool, Mary Alice Cavagnaro and Nancy L. Glatt, and is legally described in Exhibit" A". Section 2. That based upon the findings and conclusions contained in Exhibit "B", the subject property is hereby annexed into the City of Woodburn. Section 3. That the Woodburn Zoning Map is hereby amended, as to the property described in Exhibit "A" to this ordinance, from Marion County "Urban Transition Farm" (UTF) to City of Woodburn "Single Family Residential (RS) based upon the findings contained in Exhibit "B". Section 4, That the preliminary subdivision plat of said property is approved subject to the conditions and standards approved by the Woodburn Planning Commission and based upon the findings contained in Exhibit "S". Section 5. That the annexation, zone map amendment, and preliminary subdivision approval herein are subject to the conditions contained in Exhibit "C", attached hereto and incorporated herein, that the Council finds reasonable. Section 6. This ordinance being necessary for the immediate preservation of the public peace, health and safety, and emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. / J Approved as to form~;)Q-~ b 3 '1 S; City Attorney Dat'e I Page 1 - COUNCIL SILL NO. 1639 ORDINANCE NO. 2147 ..~._._~ '''_''k~_"''""""."," APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: ;r;aA .~ MarfTTennant, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 1639 ~ ". .~ .'.__..,.--_ ',."'__'" _><0_' _ ......._.__..,...,......., .."._..._....."..__._._._..._._._. /I~~~~t Nancy A, Kir sey, Mayor June 12. 1995 June 13, 1995 June 13, 1995 June 13, 1995 ORDINANCE NO. 2147 COUNCIL BIll NO. 1639 Exhibit "A" Page 1 of 2 The legal description is described as follows: Tracts 8, 9, 10, 11, 12 and 13 of ELMENDORF ACRES, Marion County, Oregon. SAVE AND EXCEPT: Beginning at the Southeast corner of Lot 9, ELMENDORF ACRES in Township 5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon, said Southeast corner being the intersection of the West line of a 60 foot roadway with the North line of a 40 foot roadway; thence North 870 12' West 180.00 feet along the North line of said 40 foot roadway to an, iron pipe; thence North 090 42' East 149.67 feet to an iron pipe; thence South 850 17' East 195.84 feet to an iron pipe on the West line of said 60 foot roadway; thence South 160 09' West 146.00 feet along said West line to the point of beginning. ALSO SAVE AND EXCEPT: Beginning on the Westerly line of Market Road No. 69, at a point which is North 160 09' East 159.98 feet and North 730 51' West 30.00 feet from the intersection of said Market Road No. 69, with County Road No. 513, said point of beginning being the Northeast corner of a tract of land conveyed to Thomas Gorman by deed recorded in Volume 498, Page 211, Deed Records for Marion County, Oregon; thence along the arc of a 1939.86 foot radius curve to the right (the chord of which bears North 170 1~'< 18" East 79.64 feet) a distance of 79.65 feet; thence North 760 58' West 127.71 feet; thence South 130 01' 30" West 97.21 feet to a point on the North line of said tract of land; thence South 850 17' East 123.04 feet to the place of beginning. ''''---' .~".-'--~....."..,..,_......,..~-~-"~~._--- COUNCIL BIll NO. 16. Exhibit "A" Page 2 of 2 ALSO SAVE AND EXCEPT: Beginning on the Westerly line of Market Road No. 69, at a point which is North 160 09' East 159.98 feet and North 730 51' West 30.00 feet from the intersection of said Market Road No. 69, with County Road No. 513, said point of beginning being the Northeast corner of a tract of land conveyed to Thomas Gorman by deed recorded in Volume 498, Page 211, Deed Records for Marion County, Oregon; thence along the arc of a 1939.86 foot radius curve to the right (the chord of which bears North 170 19' 18" East 79.64 feet) a distance of 79.65 feet; thence North 760 58' West 127.71 feet; thence South 130 01' 30" West 97.21 feet to a point on the North line of said tract of land; thence South 850 17' East 123.04 feet to the place of beginning. ALSO SAVE AND EXCEPT: Beginning on the Westerly line of Market Road No. 69 at a point which is North 160 09' East 159.98 feet and North 730 51' West 30.00 feet from the intersection of said Market Road No. 69 with County Road No. 513, said point of beginning being the Northeast corner of a tract of land conveyed to Thomas Gorman by Deed recorded in Volume 498, Page 211, Deed Records for Marion County, Oregon; thence along the arc of a 1939.86 foot radius curve to the right (the chord of which bears North 170 19' 18" East 79.64 feet) a distance of 79.65 feet to the true point of beginning. Thence North 760 58' West 127.71 feet; thence South 130 0' 30" West 97.21 feet to a point on the North line of said Gorman Tract: thence North 850 17' West 68.17 feet to the Northwest corner of sain Gorman Tract; thence North 090 42' East 125 feet to a point; thence South 850 17' East to a point on the West line of Market Road No. 69; thence Southwesterly along said West line 45 feet, more or less to the true point of beginning. The attached list which is hereby made a part of the Certificate has been prepared by Willamette Valley Title Co., and its employees. The list of names of the owners of the property furnished herewith, and the descriptions of the properties are accurate and correct and no name of any owner of property in the affectred area, or the description of his or her property is omitted from the list furnished. The descriptions furnished are as listed on the current tax roll of Marion County, Oregon. The addresses appearing on the accompanying list are Salem, Oregon unless othen~ise stated, and are those found on the current tax roll, Polk-Marion County Directory, or the current Telephone Directory for Salem and its vicinity. _. -'-"~-~----'-'~---._"~''T"'''--''--'"~--'---'''''----''-,_'.'- COUNCIL BILL NO. 16: Exhi bit DB" Page 1 of 3 FINDINGS BACKGROUND FACTS 1, The applicant has submitted a petition requesting to annex approximately 34,5 acres to the City of Woodburn, The owners of the subject property have filed the necessary petitions and consent to the proposed annexation, In addition, the applicant requested a zone map change from Marion County Urban Transition Farm (UTF) to City Single Family (RS). The annexation of this site was sought by the applicant in order to receive approval for a single family subdivision. The request is in conformance with the Woodburn Comprehensive Plan and applicable ordinances, 2, Land Area: Approximately 34.5 acres. The property can be identified specifically as Tax Lot 100 5S, 1 W, Section 7BA, tax account number 92220,040, The subdivision contains 1.4.5. single family lots averaging 6.500 square feet. 3, The subject property is bounded by Senior estates to the west, Country Club Road to the south, Boones Ferry Road to the east and Vanderbeck road to the north, 4, General description of the area: a, slopes - relatively flat but slopes gradually towards the east boundary of the site. b. vegetation - has been farmed in the past. c. drainage - center of frontage on Boones Ferry. d. flood area - this site is not identified as being within any flood hazard zone. e. sewage disposal - service is available on Boones Ferry Road at Tukwila Drive or south of Country Club Road, f, utilities (gas, electric, tel) - private utilities are available. ANNEXATION FINDINGS Annexation Policies: D-1 This application is in keeping with this policy. The property is contiguous to the city limits. The project is a logical extension of existing residential areas and will connect to existing services adjacent to the site. D-2 The annexation of this property is within the city's urban growth boundary. Conclusion: The applicant's proposal is contiguous to Woodburn's city limits and is confined within the urban growth boundary, ~_. .._, ..._.. .,..-__. '..___,_.,_, "__'___'''__'''' ._._'m~_'.._"~___~""__' COUNCIL BILL NO. 16~ Exhibit "B" Page 2 of 3 RESIDENTIAL FINDINGS Residential Goals and Policies: A-1 The concept that a development should be designed as a neighborhood is one basis of this project. The layout has been completed with short blocks, loop streets and good circulation of pedestrian ways to develop the feeling of a closed neighborhood, A-2 This subdivision will be developed in full compliance of the City of Woodburn zone code, subd;vision and park standards. The use of CC&R's will help to insure the development will be maintained in a way that is consistent with standards that are in effect at this time along with those established by the developer, A-3 This project is designed to achieve a moderate density of 4.2 lots per acre, This density will meet the goals and policies of the Comprehensive Plan, A-4 The development pattern for this project, has been designed to direct the flow of traffic from the project out to the two major streets in the area, Country Club and Boones Ferry Roads. A-5 This project design was prepared with the consideration of the efficient use of the land and to limit the ability of high speed traffic, Frequent intersections in the block configuration will limit traffic movement and allow for slow traffic speeds. A-6 There are no nonconforming uses within this development. the CC&R's discourage the develoJ;ment of "non-residential" uses within the project. A-8 At this timfJ there are no high traffic generating non-residential uses in the area of this project that will increase traffic flows on the residential streets in this development, Conclusion: The applicant's proposal is in conformance with the residential policies as identified in the Comprehensive Plan. Transportation Goals & Policies: Goal 1-1 The project takes into account the need to protect the ability of the collector streets to move the traffic within the area. Lots that abut these streets will not have direct access to them. Goal 1-2 The development has been prepared with an internal street system where access to Country Club and Boones Ferry Roads is readily accessible without having to meander through residential areas, The street pattern is also one that will promote COUNCIL BILL NO. 16~ Exhibit "B" Page 3 of 3 the use of alternative modes of transportation within the development. Goal 1-3 The block configuration for this project will allow for the greatest amount of mobility through the development, This will allow walking or bikes as a means of movement within the development. Goal 1-4 The street system with standard residential streets and walkways will allow for the movement of bicycle and pedestrian traffic to the two collector streets, Goal 1-5 The conditions of approval for this project will include the improvement of the boundary streets to the extent that improvements made will allow for the easier movement of bikes and pedestrians along both Country Club and Boones Ferry Roads. Goal 1-6 The internal street system will meet the intent of this goal. Conclusion: The subdivision design meets all street and subdivision standards. Growth and Urbanization Policies: K-1 The extension of public services within this project is in keeping with the City of Woodburn Master Plan, This project will be a logical extension of services to there as of this point in time, K-3 All of the proposed utilities and services for this project will be extended at the cost of the development, The development will be accessed, at the time of the building permits, the current System Development Fees for each lot. This is in keeping with this policy. K-4 This project is located with in the present City of Woodburn Urban Growth Boundary. K-7 This project is designed in keeping with the City's Comprehensive Plan and land use regulations. K-10 This development has been prepared in a manner that promotes the logical and orderly development of the City with a logical extension of services at a cost efficient manner, Conclusion: The proposal meets the goal requirements regarding the extension of services, conformance with land use designations and being within the city's urban growth boundary. .-'.,-- -~- .,..-... .,...---. COUNCIL BIll NO. 1639 Exhi bit "c" Page I of 8 A. Annexation Zone Change 1. Provide Planning Staff d copy of legal survey describing area to be annexed prior to city council hearing. This will be necessary for City Recorder. B. SUBDIVISION 1. Subdivision approval Is subject to approval of annexatlon and zone change. 2. Cornply with comrnents as subrnltted by Public Works Department Building Department Police Department Fire Department Recreatlon and Parks Department The Intersection at Country Club shall be reviewed for alignment with connection from the south, 3. Submit two copies of final landscape design to planning department following preliminary approval. Vision clearance standards shall be met. 4. Plantlngs shall be watered regularly and In a manner appropriate for the specific plan species through the first growing season, and dead and dying plants shall be replaced by the applicant during the next planting season. No buildings, structures, storage of rnaterlals, or parking shall be permitted within the required landscaped and buffer areas. All landscape and buffer areas shall be maintained and kept free of all debris, weeds and tall grass. 5. Provide planning staff a copy of CC&R's fOllowing preliminary approval. 13 ,- _....."~._.._._,._-"-" "'-'-'-'--"~-'----r--"--"~---~'~---- ._____~m~...~_, _ ~~".. . ~_..__...-..._~.,."..._." COUNCIL BILL NO. 16~J Exhibit "c" Page 2 of 8 6. Provide site obscuring, unlforrn fence along entire western boundary of developrnent (adjacent to Senior Estates). This shall be built to city standards prior to any building perrnlt Issuance of the dwellings, 7. Provide a unlforrn fence' built to city standards along the entire frontage of Boones Ferry Road. This shall cornply with vision clearance standards and chapter 9 residential standards. Provide a unlforrn fence built to city standards along Vanderbeck and Country Club Road. This shall cornply with vision clearance standards and Chapter 9 residential standards, Apply for variance If applicable. 8. Any slngage shall be reviewed by the planning department. Sign perrnlts shall be Issued by the building official. 9. The applicant should provide for a cornrnunlty facility for the use of the residents of this development. 10. All driveways shall access on Internal residential streets, 11. The recorded subdivision plat must be In substantial conforrnlty with the tentative plan for the proposed subdivision. 12, Prior to recordation with Marlon County: The applicant shall subrnlt a copy the subdivision plat for review by the planning department and public works department. 13. On site construction shall not cornmence untlllrnprovernent plans have been reviewed and approved by the Public Works Department and all right-of-way perrnlts, non-rernonstrance consent forrns are signed. 14. Final plan shall conforrn to the construction plan review procedures and standards. 14 COUNCIL BILL NO. 16~_ Exhibit "C" Page 3 of 8 15, Final plan shall conform to the City of Woodburn standard specifications and all state building codes, 16. Following recordation with Marlon County, the applicant shall submit to the planning department three (3) copies of the recorded subdivision plat. !' 15 ..,....-.--........-...--...-..-.... -~_."'-..,-_.-,....~--"."....._--"_. SUBDIVISION REVIEW HERITAGE PARK PUBLIC WORKS COUNCIL BILL NO. 1639 Exhibit "c" Page 4 of 8 A. GENERAL CONDITIONS 1 . Final plan shall be platted according to Standard Surveying Practice, approved and recorded within Marion County. 2. Final plans shall conform to the Construction Plan Review Procedures and Standards. " 3. Dedicate additional right-of-way adjacent to Boones Ferry Road. The right-of- way shall be 33 feet from centerline. 4. Right-of-way dedications within the subdivision are acceptable, however, 50- foot wide rights-of-way shall require 10-foot wide utility easements on each side. Cul-de-sac right-of-way shall be a 50-foot radius with 5-foot utility easement. 5. The ownerlapplicant shall be required to enter into an improvement agreement as outlined in the Woodburn Subdivision Ordinance. Chapter 111, Section 6. 6. Existing on-site sewage disposal systems andlor water wells shall be abandoned in conformance with state regulations. 7. No natural storm runoff shall be blocked by this development. 8. All work shall conform to the City of Woodburn standards and specifications and all state building codes. B. STREET 1. Applicantlowner shall sign a non-remonstrance consent form to pay fair share cost of street improvements on Boones Ferry Road, Country Club Road, and Vanderbeck Lane. Staff will recommend to City Council to initiate a local improvement district for improvements on Country Club Road and Boones Ferry Road or applicant may construct full street improvements at this time subject to a possible reimbursement agreement approved through city council as per Ordinance 1515. 2. Construction plans shall include a full street design and cost estimate for street improvements on Boones Ferry Road. from Country Club Road to Vanderbeck and for Country Club Road from Boones Ferry to Astor Way. 3. A minimum improved street width of 34 feet is required for all streets within the subdivision. 4. Proposed intersections accessing the development shall be improved to Public Works' requirements. Attachment A ~' C. DRAINAGE COUNCIL BILL NO. 16~_ Exhibit "c" Page 5 of 8 1. Storm sewer SIZing, basin locations, etc. will be reviewed during the construction plan review process. 2. On-site storm detention shall be required. Peak discharge from the site after . development for the 25-year event shall not be greater than the peak runoff for the 25 year under pre-development conditions. Provide hydraulic analysis. 3. The existing 24-inch diameter storm sewer shown on Tukwila Drive may not be deep enough to serve the entire development. This shall be VERIFIED. !' 4. How is the maintenance ownership of detention pond proposed to be handled. D. WATER 1. Minimum water main sizes and extensions shall be as shown on ATTACHMENT . A., depending on fire hydrant locations, phasing some modifications may be required. 2. Fire protection shall be as per the Woodburn Fire District's Condition of Approval. E. SANITARY 1. Provide 16-foot utility easement between lots 15 and 16. Install S" dia. sanitary stub, from manhole to easement (property line). 2. Sanitary sewer can be served by the existing 12-inch diameter sanitary sewer at the intersection of Boones Ferry Road and Tukwila Drive if grade permits, or by the existing 15-inch diameter sanitary sewer within Boones Ferry Road south of Country Club Road. HERITPRK , +_. ~_. .._~_.._..,....__...."^+-_.- / <$ I '~___ 'O<l I"l<lV j <l31111"l <C'; ~ -~ / 'ff ' /'--~:--i--------C~UllCIl BILL NO, .." I f~ ~~ / k i / .I ~~{---r--__~X..hibit "e" ' ~ ~ .{.'-- (/ / I Page 6 of 8 I ~ f;;~! ~ '-;"'.. -'-~"'::::/.. ~ / I I I ~ :>.g ~ -....;:__~(." I ' : ~, ".. ~ ~ . ~---~:--J... I I f~ ~ · /" ~ - ~ ---:::----J.. ': .~~ ~ - r i ~" ~ I\~~:.. ^'1-.... ---";';';;';;...~_l.... 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'---~""-;:--'- I I I _', .....-....:...":; -.....J I I I ' -, lr T=-'l >- ,c-_,...~VAl: -'''Y:::..::!..:::'::i--J I I, " , , . ,. ..'..-..'.'...-....'.-., I I . . <( <( - - C C ~ ~ ('I 0 ... ... en t,J) W W b b z z W W C 0 - , - -- - - -- - - -- - - -- - - I!fl - - ...: I!fl - -- - - . - . . <( ~ - Q Q ~ ~ CO ex) (/) en W W b b z z W W C C COUNCIL BIll NO. 1639 Exhibit "c" Page 7 of 8 Woodburn ~ Re: Date: Memo To : Teresa Engeldinger, Planner City of Woodburn Bob Benck, Fire Marshal Woodburn Fire District Heritage Park Subdivision Jan. 3, 1995 From: SITE PLAN REVIEW COMMENTS WOODBURN FIRE DISTRICT A. ACCESS : The Fire District would prefer that all streets which allow on street parking maintain minimum widths of 60 feet. This is imperative if multi story homes are built. Vanderbeck Road is shown as a half street this is not acceptable. B. FIRE FLOW: Minimum flow requirement is 1000 gpm. C. HYDRANTS: Minimum hydrant spacing is 500 feet with no property more than 250 feet from a hydrant. Locations should be indicated on the plans with final acceptance to be made between the Fire District and City Water Department. D. SPRINKLERS / FDC: None required E. ALARM SYSTEM: Local smoke detectors as required by Oregon Statue and Building Godes. F. PREMISE IDENTIFICATION: Street address numbers must be of contrasting material with its background and visible from the public way. Street names and address must be approved by the Emergency Communications Center to avoid conflicts with area names and in compliance with local grid system. 1776 Newberg Highway Woodburn, Oregon 97071 Attachment B .. . -,,_.~ . -, --'.''''r'.--- -......-..... -"--._ ........ ...___..... ..m ...._........__...,_._.._... COUNCIL BILL NO. 1639 Exhibit "C" Page 8 of 8 SITE PLAN COMMENTS CONTINUED G. CONOITIONS FOR CONSTRUCTION: An on site water supply system must be in place, operational and acceptable to the City of Woodburn. This system along with access to building sites which will support the weight of emergency apparatus must be in place before combustible construction can begin. H. BUILOING PLANS : All construction must comply with Building Codes as adopted by the City of Woodburn. Uniform Fire Code Compliance as adopted by the Woodburn Fire District. Any Fire and Life Safety Review required will be performed by Marion County Building Department and must be completed prior to the beginning of construction. Building permits and approved plans must be maintained on site. Any final inspections required for certificate of occupancy must receive a Fire Prevention Inspection prior to access by the general public. -.,-,,~, .,..~ -.,...._.,..._'~._~_.-